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A02680 Exile exiled Occasioned by a mandat from Rome, procured by Tho. Flemming alias Barnwell, archb. of Dublin, and friar of the Order of S. Francis, from the Congregation of Cardinalls De propagandâ fide, for the banishment of Paul Harris out of the Diocesse of Dublin. By Paul Harris Priest. Harris, Paul, 1573-1635? 1635 (1635) STC 12811; ESTC S119022 32,749 61

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that all the inhabitants of the Earth and not onely of Rome may heare it and take knowledge of the injustice and falshood of those who by their places office in Gods Church should be lights lanthornes unto others to direct their paces into the wayes of justice peace and truth For it is so farre from any shadow of verity That Paul Harris hath beene disobedient unto his Superiour the Archb. or that ever he denyed upon any summons citation or message to appeare before him or to answer any accusatiō or matter litle or great layde unto his charge that in all his life he never received any message or citation at all from his Ordinary which hee hath not obeyed And this to bee true the Archb. in his owne conscience knowes and none better then himselfe understands the innocencie of P. H. in that behalfe But in case it bee otherwise since it is a matter of fact why hath not the Archb. in all this time since Harris wrote his two Bookes for his owne credit reputation and to the greater affront of P. H. declared here at home unto some sufficient understanding men either of the Cleargy or Laity the falsity of this his so bold assertion naming the partyes by whom he sent his citations or his messages to what place he called him unto his answer The time when the day the moneth or the yeare that so P. H. being challenged of so notorious an untruth in his writings might be disrespected accordingly Doubtlesse such an advantage would not have been let passe had P. H. been guilty of any such disobedience unto his Ordinary Since it is well understood that the Archb. is not so tender of that mans credit reputation And such have beene the accusations and informations of the Ordinary and his Friars against P. H. at Rome himselfe never being called to his answer either here or there CAP. IV. Paul Harris not admitted to any hearing of his Diocesan was forced to seeke for Iustice at the hands of the Civill Magistrate IT is the office of a Prelat not onely to feed but to governe his flocke As the sheepheard doth not only lead his sheep to holesome pastures but protects them from the jawes of all ravenous beasts such of their fellowes as would be hurtfull unto them This our Savior teacheth setting down the parts of a good Sheepheard Ioh. 10. from whose office among all other professions in the world it pleased him to transferre that name unto the Governours of his Church tearming both himselfe and them Sheepheards or Pastors saying Ego sum pastor bonus c. Now Tho. Flemming a Pastor having P. H. a member of his flocke whose cure charge belonged unto him and being wronged by some of them who were also under his charge and complaining of his aggrievances unto his Pastor could not bee admitted unto his presence sending them by the hands of others he spedd no better And this P. H. doth averre to be true not by his owne testimony which in his owne cause is worth nothing but by the attestation of most grave Rev. persons yet living who have firmed the same with their owne hands and are ready to justifie it before any Tribunall Reade then as followeth VVEe whose names are here subscribed doe witnesse That in our presence Tho. Flemming Archb. of Dublin did renounce all correspondency either by word or writing with Paul Harris Priest telling us plainly that thence forward he never would receive either Letter or Petition from him or would medle in any matter of his for him or against him but wholly disclaimed all jurisdiction or power over him wishing us to signifie so much unto the aforesaid Paul Harris which accordingly wee did May 24. 1631. Peter Caddell Pr. VVilliam Shergold Pr. Thus P. H. being excluded from all audience correspondencie with his Pastor he addressed himselfe unto the Temporall Magistrate yet neither in Ecclesiasticall or Criminall cause but meerely Civill such as was the detayning of some Bookes from him by a Priest a Friar and the same most injustly as it appeared upon the hearing before the now Lo. Chiefe Iustice of the Kings Bench for by his order they were restored him After this againe P. H. understanding of some slanderous informations made by Friars and others against him unto the Ordinary and weening that after so long a space hee had beene come unto a better mind hee sollicited him againe for an audience but being repulsed as before he sent him this message as followeth THis 15. day of May 1633 Wee whose names are here subscribed doe witnesse That being requested to deliver a message unto the R. R. Tho. Flemming Archb. of Dublin wee accordingly the yeare and day above written delivered the same The which was this That whereas divers slanders accusations are intimated unto your Ho. against the aforesaid Paul Harris Pr. and presented unto you his Pastor as also published abroad by divers Friars and others to the prejudice of the good name fame of the aforesaid Marris his request unto you the Lo. Archb. by us is that you would be pleased according unto the Lawes and Canons of holy Church to judge him first admitting him unto audience and to his just defence The Lo. Archb. answer unto us was That in case Paul Harris would admit and receive an absolution for the Excom that he had notoriously incurred hee would otherwise not Iames Talbot Pr. VVilliam Shergold Pr. Thus Reader thou seest That two yeeres after the former denyall P. H. is againe debarred of audience by the Archb. or else to be admitted upon such tearmes as to acknowledge an Excom Of which Excom for that himselfe hath written very largely in two former Bookes he will be here more briefe The Excom pretended against him is That he commenced a suit as hath beene formerly said before a Temporall Magistrate against a Priest a Friar for detaining of certain Bookes from him For our Archb. his Friars are of opinion that no Ecclesiasticall persons ought to bee brought before a Temporall Magistrate for what cause soever and that the party so conventing them incurres Excom De Iure To which P. H. answers That no such Canon was ever received or practised in these Kingdomes as hee hath largely declared in his former Bookes and that he preferres the judgement of all antiquity under his Majesty and his Predecessours before the opinion of Tho. Flemming and all his followers Since those who are learned in the Lawes as well Canon Civill as Common doe with one voyce agree and have assured him That in all causes actions meerely Civill of which nature this was against the Priest the Carmelite Friar that as well Bishops as Priests Abbots and Priors did sue and were sued in the Kings Courts none other If then all Bishops and Priests Abbots and Friars who have consented and allowed of this practise for these thousand yeeres upward did maintaine
that there wants not of these Countreyes in the Citty who are able to translate them into Italian This Congregation of Cardinalls I confesse have a glorious stile conferred upon them by his Hol. as to be Propagators advancers promoters of the Faith but surely their endeavors will never answere unto those honorable titles so long as giving eare to a company of turbulent malecontent Friars they shall seeke to disturb the peace tranquillity of those Kingdomes over or in which they have no principality I say by exercising a secular power over those who are none of their subiects For as his Majesty of Great Brittaine never attempted to exile any of the Popes subjects out of Rome or any other his Territoryes so neither ought they to banish any of his Majesties liege people either out of this or that City Province or Diocesse but to know their owne bounds and not to transgresse the same And truly were I either wise or learned I would endeavour to perswade those most eminent L. Cardinalls in acknowledgment of their error either to send an Embafsadour unto his Majesty or at least to direct a deprecatory Epistle unto him by which he might be induced to passe over that injurious entrenchment upon his Crowne Dignity And alas what lesse can they doe This truly would be a cōmendable act beseeming their greatnesse and answerable unto their high titles by this meanes the Faith might either be propagated or certs lesse scandalized And it may be hoped that in so generous a brest of our renowned Soveraigne it would find both a gentle admittance and remittance And as for the faithfull people here mentioned Surely as many as be of understāding capacity who I cōfesse are not the greatest part of your flock doe well see discerne that all these machinations of the Friars against Harris proceed meerely from malice who for his desire zeale of their reformation as well in their corrupt manners in life as abhominable errors in doctrine doe labour by all meanes to ruinate undoe him But P.H. is confident that Qui habitat in adjutorio altissimi in protectione Dei coeli commor abitur Hee that dwells in the helpe of the highest shall remaine in the protection of the God of Heaven Neither is he better then his predecessors so many worthy Prelats and Priests who for seeking to reforme abuses among Monkes Friars have suffered at their hands extreame persecutiō not alwayes ad exiliū but sometimes ad sanguinē Examples whereof both ancient and moderne our Ecclesiasticall Historyes doe recount And it is no smal comfort unto P.H. and an affront to his adversaryes that his bookes being by the Friars presented unto the Roman Censors and by them read perused tryed sifted bolted yet came off as Gold from the fire without the least note obeliske or asteris ke of reproofe which is also no small honour unto our holy Faith because hereby those who are otherwise perswaded in matters of doctrine may plainely see that the Catholique Church maintaines none of those fooleryes which the Friars profructu ventris doe daylie vent and were largely confuted in his aforesaid Booke It followeth in the Epistle And that some scandall arise not by meanes of this order your Lordship may give unto the said Bishop when he receiveth this enclosed such advertisements informations as you shall thinke fitting for prevention thereof But no advertisements or informations that Dublinensis could give seemed sufficiēt to Medensis to the prevention of scandall maturely considering that it was a thing impossible without notorious scandall indictâ causâ to banish a Priest out of the Diocesse wherein hee hath his habitation his friends acquaintance and benefactors and that in a continued residence of more then 20. yeeres and to be sent into Pontus I mean to uncouth unknowne places where being separated from his friends wel-willers he may with lesse difficulty have his throat cut by a malicious Friar or some suborned Wood-kerne O! but Harris might passe into his native Countrey of England True indeed and so he may but not for sic volo sic jubeo of a Prelate though as yet he is not so minded these 20. yeeres of a continued absence having made him well-neere as much a stranger in his owne Countrey as in the County of Tirconnell where as yet he never set foot Such are the fruites of time whose nature is as the Poet Menander saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to procure oblivion No no with the good leave of the State P. H. now of the age of 63. hath set up his rest and is resolved to say of Ireland and in particular of this Diocesse of Dublin Hic habitabo quoniam elegi eam Heere will I dwell for that I have made choyse thereof till such time as his better part bee translated into a better habitation Againe the Lo. Bishop of Meath no doubt doth well consider that a banishment inflicted without an examination of the cause without the bill of the Plaintiff and answer of the Defendant can not but be most injurious illegall and so by the same non-sense of a nolo that a party is removed from this Diocesse of Dublin he may also be excluded from any other Diocesse and so consequently out of all Christendome for that there is no place in any Countrey of the Christian world but is contained in some Diocesse and so perforce must bee cōpelled to live either vpon the Seas or among Turkes and Infidells Lastly the Lo. B of Meath had good cause to refuse to be imployed in such a piece of service viz. to pronounce sentence of exile against any of the Kings Subjects for hee being a Do. of that famous Vniversity of Sorbon as by profession a Divine so also seene in the Canons Lawes of holy Church doth well understand that Exile is a punishment beyond the spheare of Episcopall jurisdiction proper to the Crowne and not to the Miter and accordingly to be managed by the Secular and not by the Spiritual arme So S. Bernard in his 5. booke De consideratione unto Pope Eugenius tells us That as the Keyes belong unto the Prelats so the Sword unto the Civill Magistrate Forsitan tuo nutu non tua manu evaginandus Peradventure by your will sayth he not by your hand to be unsheathed Which doctrine is layde downe and canonized in the Decretals of Gregory lib. 5. de Cler. excom tit 27. cap. 2. Si quis presbyter aut alius clericus fuerit degradatus aut ab officio pro certis criminibus suspensus ipse per contemptum superbiam aliquid de ministerio sibi interdicto agere praesumpserit postea ab Episcopo suo correptus in incepta praesumptione perduraverit modis omnibus excommunicetur quicunque-cum co communicaverit similiter se sciat esse excommunicatum Similiter de Clericis Laicis vel foeminis excommunicatis observandumest Quod si aliquis omnia ista