France and now of late brought into Italy and maintaines this custome contrary to the law yea to be more reasonable then the law it selfe namely that men of the laity rather then of the Glergy should be used as executioners in the aforesaid cases Those who desire to set moe examples of this nature let them read Sotus de Iure Iustitia Suarez or Lessius of the same Argument Now then to come home unto our case in hand I meane of civill causes commenced pleaded and determined in the Kings Courts the defendants being as well ecclesiasticall as lay persons in these Kingdomes of Britanny May we not perswade our selves that a custome so universally received and without interruption continued since the Conversion of the Saxons under Pope Gregory the great and King Ethelbert of England for the space of a thousand yeeres and upward may not take place of the Canon that sayth Preists in all causes must be presented before ecclesiasticall Iudges Cap. Qualiter de Iudicijs especially it being no lesse a law and a Canon of the Church as hath beene before observed That the customes of places being reasonable may derogate from the law written Ext. de consuetudinibus declared above by some examples Now then must I needes bee foreed to beleevâ—â— that all our Kings Bishops Nobles Iudges and Magistrates by whose authority Ecclesiasticall persons were convented in civill causes before secular Tribunals for a thousand yeares and upward did all live and dye excommunicated throwne out of the Church as perished members without hope of salvation when as among our English Kings themselves sixe of them were canonized Saints of which honor no other kingdome of the earth can glory namely King Oswald Etheldred Edmund Richaâ—d Edgar and Edward the Confessour many Bishops as S. Augustine S. Anselme Dunstaâ— Thomas all Archbishops of Canterbury Richard of Yorke Cutbeâ—t of Duresme Thomas of Hereford c. Alas while these and the rest of our country men were bound in the setters of Excommunication where were our gray and blacke Friars and the other zealous Regulars whose parts it was at the least after their arrivellto have anmonished both prince and people of their errors to have preached and published bookes condemning that practise so coâ—ary to the lawes as these maintaine of holy Church was the Pope and Roman court also asleepe for so many ages and would not enforme their spirituall children of so great a violation of the Canon had they misliked thereof Nay rather is it not the universall consent of all divines together with the Canon it selfe That the permission of the Pope in any Church law seeing the same either from the beginning not to be observed or by contrary custome antiquated and notwithstanding is silent and makes no opposition thereunto excuseth the subject from sin as presumed to approve and allow of the said practise See for this glan cap. in ist is § leges dist 4. in c. de treu pace in cap. cum multi 15. q. ult For so much then as it is certaine that as well ecclesiasticall as secular superiours may oblige their subjects albeit never so unwilling to obey their iust lawes so often then as they see the same lawes not to be observed and passe it over in silence they sieme thereby contented therewithall and such silence and taciturnity of the Law-giver may by the subiect according to the former rules be expounded a full consent and approbation of his practise Adde hereunto the observation of a late English Franciscan whose true name I understand is Dampart and his usurped Franciscus à sincta Clara in his late booke Deus Natura Gratia in which as my country man Edmund Bunny laboured in his treatise tending to Pacification to reconcile the Roman Catholiques to the Protestant profession So this Friar of the contrary by his glosses and paraphrasticall expositions labours to draw the Articles of the english confession to the Catholicke and Roman doctrines But let the Friar wring and wrest till he be weary he shewes himselfe but a time server a slatterer and a meere Alchimist adulterating both the doctrine of them and us and seeking to please both a inst reward for such a worke contenteth neither of whom it may be said as of the dead serpent stretched all along upon the grasse Amo sic vixisse oportuit yea so thou shouldest have lived The serpent all his life long lives crooked onely after death is straight so are many at this day both in their lives and doctrines very crooked onely death teacheth them how they ought to have lived themselves and how to have taught others to the example of the Apostle 2. Cor. 2. Non enim sumus sicut plurimi adulterantes verbum Dei sed ex sinceritate c. For we are not as very many adulterating the word of God but of sincerity and as of God before God in Christ we speake Well I must not forget for all my digressió wherefore I brought the Friar upon the stage namely for a testimony against his fellow Triars of this kingdome to shew how unlike to untuned Virginalis their wires doe jangle these maintaining that civill actions against a Priest must be heard and determined in the Bishops consitory the English Friar in the Kings courts for which he produceth his authors His words are as follow in his paraphrase upon the 27. article Confess Anglicana Regibus autem nostris fursse sic eoncessum jus nominandâ— providendi de beneficys testatur post alios Harpâ—feldius seculo 14 fursse etiam aliam consuctâ—â—dinem ex privilegio ort am immemorialem causas Clericorum cognoscendi patet ex decisione Rotae 804. ut communiter citatur To our Kings was granted the right of nomination and provision of benefices as after others witnesseth Harpsfeild in the 14. age As also another custome time out of minde sprung from a priviledge of taking knowledge of the causes of Clergy men as appeareth by the decision of the Rota as it is commonly cited So the English Friar This Do. Harpsfeild as I take it was Archdeacon of Canterbury in Queene Mary her dayes and continued the ecclesiasticall history of England froÌ„ Venerable Bode his time to his owne Decisiones Rota are the very life and quintessence of the Canon law so called from a known office in Rome called the Rota But neither of these bookes are with me for which I use the Friars quotation And now the infirmity of my body not permitting me to proceede further which for the space of these 2. moneths hath much afflicted me and dayly encreasing upon me I am forced thus abruptly to breake off rather then to make an end Beseeching almighty God of his infinite mercy to grant me and all my Adversaryes and all those who professe the name of Iesus Christ to live and dye in true faith hope and charity And so hoping to see the good things of our Lord in the land of the living I take my
permissionis handled by the Schoolmen in particular by S. Tho. 1 a. 2 ae qi 19. q. Now then Tho. Flemming by Gods permission raysed unto the second See of Ireland at the age of 30. as it was determined by his brethren Camerado's in the Friary of Lovaine to extirpate the Clergy of the Diocesse of Dublin in their place to bring in the Friars a plot though not very ancient yet before him invented by an VIster Friar called Hugh Cavall residing in Rome designed by this present Pope Vrbanus 8. about tenne yeares agoe Archbishop of Armagh Primat of Ireland to which purpose the aforesald Hugh Cavall obtayned a Bull by most sinister information to make his Friars Parish Priests thorough the Diocesse of Armagh but being prevented by death before he could pay his way bid his friends farewell in Rome albeit not two houres before his death he writ a letter unto the Pope beseeching him to nominat in his place Friar Rob. Chamberlaine for so they call him albeit a most Irish a tyronicall Friar of Lovaine a successour was designed in his place a Priest of the Clergy called Hugh O Reyly the present Metropolitan of Armagh Primat of all Ireland who being a man not so wedded to Friarly plots against the Clergy albeit in many respects obnoxious unto them that policy of making Friars Pastors either ended in the first Hugh or at least hath taken a time of breathing in the second Hugh But our young Friar Flemming an Archbishop of 30. yeares though now neere 40. nothing doubted to under-go that burden which Milo himselfe was scarce able to beare in a preposterous zeale he would yea that he would without either Bull or Breve banish the Secular Priests out of his Diocesse which to performe litle seen in the Canons of the Church lesse in the common Lawes of England not distinguishing the Keyes from the Sword nor Regall power from Episcopall jurisdiction like a Prester Iohn King of the Aethiopians he presently banisheth 3. Priests in his opinion the most fussicient of all his Diocesse these living in Dublin the mother Citty of all Ireland not doubting but they once sent away all the rest would be glad to kisse his hands and to depart with his benediction Vpon such lofty termes stood our Archbishop leaning his head upon the elbow of his Regulare brachium his Friarly arme an Arme or rather an army always ready prest to second such attempts as Episcopall jurisdiction could not support yea to such an over-weening presumption did he and his Friars at last arrive relying upon their own conrage strength as they doubted not to complaine unto the temporall Magisttate bring their matter unto the Castle of Dublin confident that the State would joyne with them to the ratification of the banishment of the Priests for which cause after that a Lay-man had first broken they ce made the way for them there appeared plaintiffs William Malone aliàs Morgan alias Browne Iesuite Iohn Preston Franciscan Patrick Brangan Edmund Doyle a payre of Priests adhering unto the Friars faction all these I say presented themselves before a grave Counsellour of State for as then the Lord Deputy was not arrived before him they accuse M r Doctor Caddell my selfe Paul Harris for the third whose name is Doctor Cabil had made his peace before with the Archbishop they lay to our charge facta infecta but all in the cloudes of generality as those usually do who meane to calumniat to deceive alledging that we were disobedient turbulent seditious facticus of unquiet spirits enemyes to peace In conclusion such as did trouble all Israel and therefore not to be tollerated or longer endured But it was their chance good hap for us to come before such a Iudge as held it necessary to keep one eare for the Defendants first to heare our answers before he condemned us having understood that of the Morall Philosopher elegantly expressed by the Tragedian Qui statuit aliquid parte inandita altera aquumlicet statuerit hand aquus fuit who determines any thing either party unheard though what he determines be just yet himselfe is not just Seneca in Medea Wherefore it pleased that honourable Gentleman after he had given audience unto our Adversaryes first to send for me Paul Harris to understand what I could answer in my defence not having in nine yeares before beene within the Castle-gates of Dublin and next after hee sent for Peter Caddell who as I take it before that time had never seen the in fide of the Castle and having heard our Apology the Bells for the present were stayed that great heat of hasty exile began to coole-Soon after this was the happy arrivall of the present Lord Deputy before whom upon petition both the Archbishop Flemming we the Priests were commanded to appeare and our grievances propounded were grationsly heard And for that time dismissed with grave advice how to frame our obedience unto the Lawes of God the Kingdome and the Archbishop Flemming in particular was most seriously required to reforme his errours but he standing upon his justification wanting at that rime as it seemed unto us the gift of utterance expression of himselfe whether not acquainted with such an audience or that he was not provided of his Answers he desired againe to be heard and soone after by the Lord Deputy his command we were remitted unto the hearing of the now Lord Bishop of Derry Sir George Radotiffe Knight before whom all our causes were examened at full according unto the Canons of the Church and the ancient and immemorable Lawes of these Kingdomes And the Archbishop Flemming convicted partly by his own confession partly by witnesse that he had offended in these two points First in taking upon him to banish the Kings subjects by Episcopa◠authority out of his Diocesse Secondly in erecting a new Tribunall and drawing all causes of Ecelesiasticall men though meerely civill and temporall unto his Consistory there onely under paine of Excommunication to be heard and determined Neither can the aforesaid Thomas Flemming parallel his cause with S. Thomas of Canterbury I appeale to all such as have written the Legend of his life and death whether it be Capgravius the Breviary or our English Chronicles neither out of any other History shall our Friars ever be able to prove that in both or either of those two points there was any controversy at all betwixt King Henry the second and Thomas Becket Thomas Flemming the Friar being the first onely Bishop since the conversion of these Nations to Christianity that ever was bold to teach maintaine or practise the same for which ause if he should suffer death notwithstanding all the ruissian-like boasts of him his Friars hee should dye a malefactor not a martyr But the little feare of any such punishment to befall him causeth him
these doctrines rightly understood do not import every sinner by keeping such a fastâ— by taking such an Habit or Scapular to be favied but such onely as be contrite with all for their fins and are washed in the blood of the Redeemer For neither doe our Friars in their Semons and exhortations mention any such condition c if they did yet notwithstanding the whose doctrine of the Sabbaoth faste the Habit the Scapular no lesseblazed by the Friars then superstitously beleeved of the people would utterly vanish into smoake For why a person so disposed and qualifyed that is penitent for his fimes and relying upon the redemption of In sas CHRIST is apt for the Kingdome of God and to receive an inheritance among the Saints and Elect say he be naked of Habit scapular and not at all acquainted with Donna Luissa her saturdayes fast yea a man ending his dayes in the service of God and as the Divines say in the estate of grace can not misse of his salvation had he but a couple of Hawkes-bells about his neck or if he dyed in his old bootes as well as in scapular or habit If then the Friar thus expounds himself He that dyeth in the habit or scapular shall undoubredly be saved alwayes provided that he bein the love and favor of God verily he might as wel have spared so much breath to have cooled his broth I say as to spend it upon such a glosse as corrupteth and quite over-throweth the text No no Mors in olla There is poyson in the pot For these preachers desire no thing lesse then to be so understood in their sermons when they make their Panegyricks of the habit and scapular unto the people for by that meanes they might be in danger not onely to loose their offerings at the Altar but that great authority and place which they have in the hearts and affection of the Laity No rather with all possible endeavour they labour to bee beleeved that by the vertue of these raggs either as causes instrumentall or infallible signes salvation is to be acquired And heuce it is that the Carmelite Friars dedicate yeerely a day of great festivity namely the 16. of Iuly unto the honour and reception of the Scapular as the Franciscans also doe to that parcell of their habit which is the Cord or Girdle Ar which festival times it is lamentable to behold how much the Divine Majestie by these beggars their devotoes is prophaned in his creatures yea truly the world might lesse admire in these dismall dayes the Sun to be eclipsed the rocks to rent then at the time of our Saviours passion beholding the benefit thereof so miserably defaced by these false Teachers who in these dayes cannot be contented to rob the people of their purses but of their soules also And to the end they and all those that read these my writings may understand that I will not inveigh without just cause or reprove in words what I am not able by good Argument to confound I seriously demaund of our Friar what ground they have either from the divine Oracles Ecclesiasticall tradition or monuments of the Fathers to promise this security and certitude of Salvation or to determine of the Sons of Adam in particular and by polle that their names are written in the booke of life I say while yet we are viatotes et non in statu Pilgrimes from our Lord and not arrived at our country I heare Salomon one of the Secretaries of the Holy Ghost saying Prov. 20. Quis potest dicere mundum est cor meum Who can say my heart is cleane I heare Iob saying Etiamsi simplex fuero c. Job 9. Albeit I be innocent yet shall my soule bee ignorant thereof I heare the Apostle saying Philip. 2. Cum meta tremore vestram salutem operamini Worke your Salvation with feare and trembling I heare S. August upon the 40. Psal saying Scia quod justitia Dei mei maneat verum an justitia mea maneat an non ignoro terret me enim Apostolus inquiens Qui existimat se stare videat ne cadat I know that the justice of my God remaines but whether my justice doe remaine or not I am ignorant For the Apostle doth terrify me saying he who thinkes he stands let him looke to it he fall not So S. Hierome in his 3. booke upon the Prophet Ieremy Man seeth in the face God in the heart and that which unto us doth some times seeme cleane in Gods eyes is found filthy Adde hereunto the testimony of S. Ambrose in his 5. Sermon upon the 118. Psal S. Chrysost Homil. 87. upon Iohn S. Gregory lib. 6. epist 22. S. Bede in his Comment upon the 20. cap. of the Prov. But I may not ommit to set downe at large what S. Bernard that pillar of Gods Church in these later Centuryes hath left written of this argument as in many other places so especially in his 1. Sermon de Septuagesima in these words Who can say I am one of the Elect I am one of those that are predestinated unto life I am one of the children of God Who I say can say this When as the Scripture cryeth out against him Man knoweth not whether he be worthy of love or hatred Certainely therefore wee cannot have but yet we are comforred with the trust of hope that we may not by anxiety of this dubitation be tormented above measure So he Lastly to this cloud of testimonies out of the ancient fathers I will adde the uniforme consent of the moderne Fathers of the Councell of Trent condemning anathematizing this certitude of Salvation Can. 15. in these words Si quis dixerit hominem renatum justificatum teneri ex side ad credendum se certo esse in numero praedeslinatorum Anathem asit If any shall say a man regenerate and justifyed to be bound by faith to beleeve himself undoubtedly to be in the number of the predestinate let him be accursed and in the Can. following Si quis magnum illud usque in finem perseverantiae donum se certo habiturum absoluta infallibili certitudine dixerit nisi hoc exspeciali revelatione didicerit anathema sit If any shall say that by absolute and infallible assurance he hath that great gift of perseverance unto the end unlesse he hath learned the same by speciall revelation accursed be he So the Councell And sure no marvaile Since this presumption of Salvation is the very food and fewell of all wickednesse and impiety the provocation and incitement to all shamelesse lusts and pleasures with which the soule once possessed what further care is to be taken in matters of conscience For say That now I have either gotten the habit of the Franciscans upon my backe or the Scapular of the Carmelites hanging about my necke a most present antidote against hell and damnation what have I henceforth to doe with the commandements of God and Holy Câ—â—rch
made against me in England it is contayned according unto their foundation as they avouch that not withstanding they are priviledged to heare the confessions of all such as wil confesse unto them they are bound to most strict poverty begging whereupon the Parishioner may probably suspect that verily the hope of gaine of the relieving of his poverty is the cause why the Friar heares his confession thus he may reason with himself in his mind Wherfore should that beggar that sits there heare my confession so defist from seeking things necessary for his maintenance unlesse he expected from me such a supply And forsomuch as poverty is a motive to sin by meanes where of his want may be supplyed according to that of Solomon Prov. 30. Poverty and riches give me not but onely so much as shall be necessary for my maintenance lest happily being full I may be emised to deny thee to say who is the Lord and forced by poverty should steale and forswe are the name of my God It followeth that forevery kind of sin the Friar will impose upon me almes-deedes by which his poverty may be relieved so shall not I be spiritually cured For our Saviour when as his Disciples asked him Why could not we cast him out I speaking of the devill he answered This kinde of devill is not throwne out but by prayer and fasting Math. 17. Whereupon it is inferred that as to every corporal disease a particular medicine is to be applyed which kind of medicine that beggar attending onely his necessityes as I may well think will never minister unto me And this reason is thus confirmed For that it sufficiently appeares that since the Friars have obtained a priviledge of hearing confessions every-where thorough the world they have builded beautifull Monasterycâ— and Princely Pallaces The cause whereof seemeth to be their grant of hearing Confessions for that before such power given unto them they were not able to build such houses Again it is never heard that tho Friars either for building of bridges or repayring of high-wayes or Parish Churches doe enjoyne almes upon their penitents Neither doe the Friar Minors impose almes to be bestowed upon the Dominicans nor the Dominicans upon the Minors Every one applying all unto themselves unto their owne order Wherefore it may be probably judged that private lucce gaine is the cause why such a begging Friar is so careful to heare the confession of the Layman that he neglects his time of begging c. So Armachanus Cardinall Bellarmine for learning piety in this age not infetiour to many I know not whether to any lamenting the miserable face of religious orders of these times in a most devout treatise which he composed but a little before his death called Gemitus Columba lib 2. cap. 6. hath these words Multiplicari coeperunt Regulares sine numero c. Regulars have begun to be multiplyed without number many of them not called by God unto the estate of perfection but enduced by other motives have replenished Monasteryes that of Esay is fulfilled Thou hast multiplyed the Nation but not increased their joy Hence so many so grievous scandalls knowne unto all which yeeld plentifull matter unto the Dove of bewayling the loosnesse I will not say the corruption of religious Orders themselves as they be at this day So the Cardinall Ichannes Petrus Camus Bishop of Bellay that great omament of the French Church both for piety learning in his booke called The â—â—â—ltuaâ— Director part 4. cap. 7. in shewing the difference twixt Pastors Mercenaryes plainly demonstrateth ouâ— of the words of our Saviour That the Regulars who in these times would be esteemed the onely Masters in Israel advancing themselves above the ordinary Pastors of Gods Church assuming unto themselves the first parts as in perfection of life so in ruling feeding that slock which our Saviour hath purchased with his own blood are in truth no Pastors at all but playne Mercenaryes hirelings for such onely to be held reputed his words are these which proceeding from so grave an Author are worthy both to be read and pondered Pastors as well Bishops as Curats are by state obliged to expose their lives for the sheep committed unto their charge Let us concerning this point give care unto the divine sentence which cannot be denyed without impiety nor contradicted without blasphemy There is no greater charity then to give his life for his friends Let us now adde here unto the description of the true good Pastor delivered unto us in the 10. Chap of the Ghospell of S. Iohn from the lips of our Saviour himselfe Bonus pastor animam suaâ—â— dat pro vibus suis The good Pastor or sheepheard giveth his life for his sheepe which is as much as to say is obliged to give it Mercenarius out em qui nonest pastor But the hireling he that is not the sheepheard Behold how our Saviour distinguisheth the Mercenary or hireling from the Pastor how he makes it apparant that the Mercenary is not the Pastor that he who is Pastor is not Mercenary He addeth Mercenarius autem qui non est Pastor cujus non suut oves propria The hireling who is not the sheepheard the owner of the sheep In which words the Mercenary or hireling is plainly described to bee the party to whom the sheep appertaine not So as he who hath no sheep of his owne serveth notwithstanding the sheep is no Pastor at all but onely a servant a mercenary fellow a meere hireling without any flock of his owne Let us follow the Text. Mercenarius videt Inpum venientem c. He that is the Mercenary seeth the Wolfe comming flyes the Wolfe devoures disperseth the sheep Now I would faine know who is he that flyeth Whether the Pastor he that hath curam animarium the care of soules or the Friar who hath no charge He who is obliged by state condition by divine law to an actuall residâ—nâ—â— What storme soever happens be it of plague of warre of famine of persecution of heresie or any such like Or he that is not typed to any cure or charge not having any obligation may retire himself from those afflicted places may forsake his countrey the place of his abode live where he likes best yea who peradventure may think with himselfe that it is but to tempt God to expose himselfe rashly to the hazard of his life without any necessary obligation according as it is written Qui amat periculum peribit in illo He who loveth danger shall perish therein Let us now put the last finger to this Evangelicall description of a Shepheard and of an hireling The mercenary or hireling sayth S. Iohn slyes he giveth a reason of his flight Quia mercenarius ost because hee is an hireling and that the safety of the sheepe
doctrins and countersayting a faygned obedience did notwithstanding transgresse his commandement to the notable scandall of Gods Church the ruine of his own conscience Lastly you may observe some laudable opposition made againsterror false doctrin by the accusation of the Prior of the Dominicans and the superiour of the Iesuites Now I would know of our Friars and especially of Friar Francis Wolf Guardian of the Franciscans of Limericke what priviledge or indult they have from the Pope to preach such doctrines as are inhibited them by the Bishop in whose Diocesse they live contrary to the decree of the Councell of Trent sess 5. cap. 2. Si vero And both the rule of S. Francis cap. 9. and the aforesaid Councell forbidding them at all to preach contradicente Episcopo the Bishop not giving way thereunto sess 24. cap. 4. But experience from time to time hath taught us that they be too violent and head-strong to be ruled by any Church law Neither let the Reverend Bishop of Limericke be troubled with their disobedience unto him For the Pope himselfe shall not be able to commaund them further then stands with their own good liking To which purpose it shall not be from the purpose to set down what that reverend pious and learned Bishop of Bellay in France Iohannes Petrus Camus observed at his being in Rome in the late dayes of Clement 1. And I will use his own words as they lye in the 32. Cap. of his booke De operibus Monachorum Being on a time in Rome in the dayes of Pope Clement 8. whose memory is in benediction and in a sweet odour of sanctity for his verity equity and mansuetude who being much urged not to say importuned with many questions and disputes touching the Habits and Beards of Cloyster-men he had a resolution to bring unto the rasor and unto the hood all such as call themselves Regulars and who live in communityes observe Monastick vowes This gave such an Alarme to them who had taken the Cap the Habit of secular Clergy the Iesuites and Theatines an other sort who had made choyce for their character the long Beard I mean the Conventualls Carthufians and Capuchins that it was much to be feared that the good Pope whose name is in veneration thorough all Christianity had not felt the effect of those mortall Litanyes with which some Monkes doe threaten those who are not favourable unto them For sure had he but touched the checkes of the one with the razor had thrust the heads of the other into an hood he had tryed their resignation obedience to the quick but to avoyde troubles jealousies the good Pope held it better to let that businesse sleep then to tast the humours of his froward discontented children So the Bishop But of much more terrible consequence was that other case which hapned in the same most blessed Popes dayes my selfe being then in Spaine in Sevil of Andalusia about the yeare 1600 for Pope Clement 8. being to determine the Controversy De Anxiliâ—s so long debated and yet depending undecided twixt the Dominicans and the Iesuites The Iesuites to give a disturbance to that work to cast it quite from off the Hingells lest it should be judged against themselves cause it to be disputed thorough all their Colledges of Spaine Portugall and that in printed and publick conclusions Quod non erat de fids Quod Clement Papa octaâ—â—â— craâ— caput Ecclesiae That it was no point of faith That Pope Clement 8. was head of the Church And because the Spaniards in their disputes make use of their owne language yea much more then of the Latin and there being many Cavallero's aed men of great fashion then present as well as of the vulgar according to the manner of solemne disputations there went a tumultuous buz among the Laity in their meetings and conversations Quâ— Diabolo El santo padre no es Cabeza de Iglesia What the diâ—ell is not the holy Father the Head of the Church So as the Inquisition held it necessary under paine of Censures to inhibit those questions and disputes And in truth the good old Pope fearing by such disputations to be disputed out of his chayre was contented to surcease from any further processe in that assayre CAP. IV. That the Regulars of this Kingdome are neither Roman Catholiques Protestants nor good Subjects and therefore neither by the Church nor common-wealth to be permitted to live among them FIrst that the Regulars are no Roman Catholiques it may appeare by what hath already bin disputed in the matter of the Habit Scapular and the Luissian Fast ascribing salvation unto them contrary to the faith of holy Church besides the maintenance of the Eleven Propositions of which they have bin both convicted judged in their booke lately made by Edmundus Vrsulanus censured condemned at Rome contrary to which censure the said book is allowed approved of by all the Friars of this Kingdome And for so much as the Friars are not conformable on the other side unto the Protestant Religion established in this Kingdome And I could never learne that his Majesty was pleased to allow of any third Religion within his Dominions I say more then the approbation of the Protestants and some gratious tolleration of the Catholicke no more then he is pleased to allow of Arianisme Nestorianisme Pelagianisme and the like heresies In consideration whereof whensoever it may seem good unto the King and the State what cause can be imagined why the Friars of this Kingdome may not be prosequuted as most pestilent hereticks and seducers Neither is there want of presidents and examples in the Protestant Churches of such proceedings against infamous heretickes For so in Berne of Helvetia was Valentinus Gentilis an Italian heretick adjudged unto the fire Servetus a Spaniard in Geneva In the dayes of Queen Elizabeth Hacket Legat executed in London for Arianisme others in Norwich Penry hanged at Thâ—â—ford Greenwood and Barâ— in Lincolnes-Inn-fields all of them for maintayning and publishing of Brownisme But if it bee thought better to those that sit at the helme of Government to shew more mercy then may they bee sent out into exile after their predecessors those false Monkes Prebinus Milianus Probinianus who by Pelagius the Pope were banished into remote Ilands as we read in Gratians decres 16. q. 1. Prebinum For one way or other it seemes necessary that the Kingdome should be purged of them who to enrich themselves and make-up their Monarchy regard not what slyding stayres they make the people to descend from Christianity to Atheisme And albeit the beginnings have bin marvailously neglected and neither the cookarice crushed in the egg nor these Harpyes in their first hatch yet better late then never before they grow to a stronger head and not so easie to be suppressed And so much briefly for the exorbitant heresies of our Regulars condemned both by the Catholick and Protestant
Priest of his Diocesse living within the compasse of his jurisdiction Ought not a good Priest with all reverence respect both in his words and writings to shew duty and obedience unto his Bishop according to that of S. Paul Ohedite praepositis vestris Obey your superiours and such as be set over you And S. Hierom ad Neopotianum Esto subjectus Pontifici tuo quasi parentem animae tuae ama Bee obedient unto thy Bishop and love him as the parent of thy soule To which I answer That indeed such is the priviledge of Bishops by the Lawes of holy Church that none may either censure them or publish declare them to be hereticks speaking of such declaratioÌ„ as is inteÌ„ded by the Canon but only the Pope neither before such declaration according to the common opinion doth a Bishop loose his jurisdiction or the power of a Pastor over his flock or in any of his three Censures Excommunication Suspension or Interdiction Yet notwithstanding all this if a Bishop should obstinatly maintaine and publish any doctrine condemned by the Church in a Generall Councell the least Priest in his Diocesse might be so bold to call him an heretick both preach and write against him for example of Arianisme Donatisme Pelagianisme the like yet remaine subject to his jurisdiction notwithstanding For the voyce of the Church which is the voyce of God is to be first heard and obeyed and to be preferred before any other And it is the rule of S. Aug. Ser. 6. de verbis Domini Vbi duo superiores mandant opposita inferiori non est obedeâ—ndum Where two superiours for example a Generall Councell and a Bishop command opposite things the Inferiour is not to be obeyed And conformable to this is that conclusion of S. Thom. 2.2 q. 104.5 Subditiiuâ—â—s tantummodo superioribus suis obedire tenentur in quibus ipsisuis superioribus subjiciuntur in quibus ipsi superiores sublinior is potestatis praecepeo non adversantur Inferiours in such things alone are bound to obey their superiours in which they are subject unto their superiours and wherein those their superiours goe not against the precept command of a power higher then is theirs So S. Thom. And in the corps of the aforesaid conclusion he illustrateth the same doctrine out of S. Aug. ser 6. de verbis Domini by example of the Captaine the Proconsull the Generall and God Where neither the Captaine against the command of the Proconsull nor the Proconsull against the precept of the Generall nor the Generall against the command of God is to be obeyed by the subject But now ex abundanti What will you say If The. Flemming Archbishop of Dublin did first exempt himselfe from all power pastorship over his Priest Paul Harris Is Paul Harris then any longer his subject Sure by the rule of Relatives If he be not my Pastor I am no sheep of his pasture I have either forgotten my Logick Orby the same rule reason that he dischargeth himself of all cure care and command over me he exempts me also from all obedience and subjection unto him Reade then what followeth witnessed by the firmes and subscription of these two Reverend and grave Priests both living at this day within the Diocesse of Dublin Wee whose names are heere under subscribed doe testify That in our presence Tho. Flemming Archbishop of Dublin did renounce all correspondency either by word or writing with Paul Harris Priest celling us plainly that thence for ward be never would receive either letter or petition from him or would meddle in any matter of his for him or against him but wholly disclaimed all jurisdiction and power over him wishing us to signifie so much unto therefore said Paul Harris which accordingly wee did May 24. anno 1631. PETER CADDELL Priest WILLIAM SHER GOLD Priest After this againe two of his Friers having threatned violence unto my person I sent a petition unto Tho. Flemming Archbishop by the hands of two worshipfull Aldermen my friends beseeching him that he would by his authority and the Lawes of holy Church provide for my security His answer unto them was That he would have nothing to doe with me in any cause whatsoever which Aldermen will not refuse at this day to iustify the same Lastly having certaine bookes detained from me by a Parish Priest a Friar Carmelite I sent my complaint again unto him by the hands of a Friar of his own order for unto his own presence he would not admit me whose name is Iohn Parry but after hee understood than the petition came from me he neither would read or touch it but did grow into choller with the Friar for presenting it unto him Behold the equity the mildnesse the longanimity of a Friar Bishop his charitable prudent government his care of administring justice unto a Priest of his charge But I was a stranger must be strangely used in place of protection made a prey not onely to the wild beasts of the forest but even unto the petulant and sturdy rams of the flock by all which it appeares that I may truly say complaine as Almighty God did of the Ifra elites unto Samuel 1. Reg. 8. Noâ—â—te abjecerant sed me They have not cast off thee but me that I should not trule over them I have not cast off my Bishop or with-drawne my obedience from him but he hath cast off me of which sort of desertion I perswade my selfe he will not be able to alledge a president in the whole Church of God Well the Vine being thus forsaken of his stay the sheep deprived of the care of his shepheard as if with Daniel I had bin throwne into the Lyons den Lord whose tongues were not untyed whose teeth not sharpned against me Imo in me psallebant qui bibebant vinum Well I then found by experience what formerly I had heard That a man may live without father or mother but not without Iustice So then it hapned As concerning my bookes unjustly detayned from me no other remedy appearing I repayred for justice unto the present Lord Chiefe Iustice of the Kings Bench to him I addressed my petition And by meanes of his honourable command I recouered them out of the hands of the injust detayners But what followes upon this Verily as the Poets faigne that in some stormes all the windes have blowne at one time according to that Vna curusque Notusque ruunt c. So now all the whole Regularisme of this Kingdome from the foure corners thereof Monke Dominican Franciscan Augustine Carmelite Capuchin Iesuit with all their followers God knowes what an hideous tempest they rayse against one poore Priest how they rage how they storme And now the Friar Thom Flemming who before had disclaymed me for a sheep of his flock would intermeddle in no cause of mine with me or against me begins to assume a-fresh his Episcopall jurisdiction over me