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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A02679	The excommunication published by the L. archbishop of Dublin Thomas Flemming aliàs Barnwell friar of the Order of S. Francis, against the inhabitants of the diocesse of Dublin, for hearing the masses of Peter Caddell D. of Divinity, and Paul Harris priests, is proved not onely injust, but of no validity, and consequently binding to no obedience. In which treatise is also discovered that impious plot and policy of the aforesaid archbishop and his friars in supplanting the pastors and priests of the clergy, thereby to bring all into the hands of the friars, of whose disorders and foule abuses (especially in this kingdome) something is noted. The second edition, enlarged. By me Paul Harris priest.	Harris, Paul, 1573-1635?; Caddell, Peter. aut; Fleming, Thomas, 1593-1666. aut	1633 (1633)	STC 12810; ESTC S116899	71,181	112

this kingdome cannot observe any legall or canonicall processe or course of Iudgement with their subjects and therefore are constrayned to proceed as they may And that albeit they neither call the Defendant unto his answere nor admit of any proofe of cause by witnesse against them they are to be borne withall Necessitas non habet legem Necessity knowes no law c. To which first I answere That if the Catholicke Prelats either have way by permission of the state or take unto themselves so much boldnesse as to publish their sentences of Excommunication in their Chappels and Oratories after Masse as well by such Parish Priests as are placed in the Cittyes and suburbes as also by the Friars of so many Orders Than say I How can they be excused in the pretermission of ilegall proceeding in that former part of Iustice going before sentence Namely calling the parties unto their answer examination of their causes admitting of proofe pro contra For so much as all this may be performed with much more privacy then the publication of sentence can be The Cano is of holy Church requiring no greater a number even in their most publicke and solemne proceedings in court then these 4. sorts of persons 1. The Iudge 2. The Plaintiffe 3. The Defendant and 4 ly the Witnesses all which neede not to be abo●e five or sixe persons at the most That Prelate then who can be so bold as to command his sentence of Excommunication to be published in the hearing of so many hundreds yea of thousands as my Lord Archbishop Thomas Flemming alias Barnwell hathdone yea and from time to time 1. published the same sentence lest it should grow stale and out of request How can he in reason pretend any feare of persecution in granting a legall course of proceeding in which the presence of so few as hath beene said is necessary And therefore to doe the one and to omit the other is but to sleight Iustice and to oppresse the Innocent And so much for the first answer My second answer is That in case the times be such the persecution so great as that those essentiall parts of all legall proceeding must of necessity be pretermitted I meane Convention of the parties Conviction by due proofe I say then with that common Maxime of the law Better an Inconvenience then a Mischiefe in such case all sentence of punishment publication and execution doth likewise cease and the guilty is rather to passe unpunished in this world then the very systema of all Tribunalls to be ruinated Iustice deposed from her Throne for then it seemes to be a case of a common calamity an inevitable necessity putting silence unto all lawes better the Nocent be spared then the Innocent punished But see note gentle Reader what use of the times what an excellent advantage the Ordinary makes unto himself to compasse his own ends I say by fishing in these troubled waters For whereas in France Spaine Italy and those Countreyes where the spirituall sword hath his free stroke in all Tribunalls supported maintained so often as is necessary with the ayde assistance of the secular arme yet all forme of due Iustice is punctually observed Id enim possumus quod justè possumus for that only can we doe saith the Law which we may justly doe But here in this Diocese all must be presumed for the Ordinary because we live in a mixt people neere unto the State Magistrate of an other profession in Religion from us no juridicall proceeding must be held necessary but that our Ecclesiasticall Iudge may lay about him at his pleasure in his censures punishments of his subjects without calling the parties before him to their answer without examination of their cause without conviction c. So as what an Ordinary could not do where the Church is established in his full strength and vigour against the poorest Priest of his Diocese here under pretence of a persecution and obstacle of a free course of Iustice he shall most easily effect I say under the name cloake of persecution more freely himself to persecute as at this present for some yeares past the Clergy of this Diocesse hath both seene felt having endured a more bitter persecution from this their Bishop his Friars then from the temporall Magistrate though divided from them in matter of Religion Adde hereunto a second advantage also that this Archbishop of Dublin makes of these times by a seeming and a pleasing correspondency which he keepes as he imagins himselfe with the State For he being a Friar seeking by all meanes to suppresse the Clergy and to bring all into the hands of the Regulars I meane the Monks Friars as well Franciscans Capuchins Dominicans Augustines Carmelits Iesuits For scarce are there so many Priests of the Clergy left in all this Citty as there be Orders of Regulars therein at this day And knowing that they of a contrary profession can well endure that Priests either in their persons or in their maintenance lively hood should be straitned suppressed And knowing also that it will not discontent the Protestane Magistrate to have the people forbidden to heare the Masses of Priests He upon these presumptions supported by the Counce●l of his Fryars who are of more strength in this Citty then men would imagine is animated to pursue such designes as of late he hath undertaken knowing that the lower the ballance of the Clergy descends the higher are the Fryars advanced by driving of the people from the Clergy the more of necessity must they wild they depend on the Friars But this wisedome doubtlesse is not spirituall but carnall not from above but earthly savouring not of the Holy Ghost but of ambition of temporal means and of the belly And so being a Councell not of God will come to nothing though for a time by never so strong a faction supported A second defence of the Archbishops proceedings is this which by our Friars is much put on foot especially among the common people That the Bishop is to be obeyed in all things yea in right wrong as some teach And shall the foot judge the head the subject the Magistrat the sheep the Prelate c. To the first part of this popular argument so much insisted upon I answer that if it be spoken merrily it may passe for a jest but if seriously it is flat heresie namely that 〈◊〉 Bishop in right and wrong is to be obeyed For the second part which thorough the perswasion of the Friars is in every old wifes mouth the second word of every Artisan Tradesman That the sheep are not to examine or question the sentence of their Pre●ate the subject of the Magistrate I answer that albeit indeed the Inferiour can not reverse or correct the judgment of his Superiour much lesse may he punish him for the same because

Chauncellour of Paris S. Richard of Dundalke Primat commonly called ●●machanus for that he was Archbishop of Armagh in his De●ensorium Curatorum Thomas Walfingham Monke of S. Albons in his History of the Kings of England Such as in our dayes have not spared to note their open faults and manifest corruptions some in one kind some in another are Card. Bellarm. in his Gemitus Columbae Philippus Rovenius Archbishop of Philippi in his Treatise de Missionibus Iohn Petrus Camus Bishop of Bellay in his Dialogue betwixt Nicephorus Tristan Camillus Caesar Censor of the bookes published in Rome in his defence of the Archb. of Philippi Et ego Paulus Veridicus in hoc stadio noviss●mus sudavi CAP. II. The doctrine of our Archbishop and Friars refuted who maintaine That Civill actions against Clergy-men are to be determined by the Bishop of the Diocesse TRue it is that regularly speaking the Canon lawes of the Church require that all causes as well Ecclesiasticall Criminall as Civill 〈◊〉 determinable by the Ordinary whensoever the Defendant is a man of the Clergy Concil Chalcedon can 9. Concil Agathense can 32. Concil Carthag 3. can 9. Tolletan 3. can 13. But to this I answer That as many other Canons lawes were never received in other parts of the Church no more was this at least for that last part of Civill causes in England or Ireland since the first conversion of the Natious heere by S. Patricke there by S. Gregory Neither let any thinke it strange that a generall canon law of the Church in some parts of the Church be received in others not Forsomuch as the Canon it self tels us that a Law may loose his strength and force of binding three manner of wayes First where the same was never approved or received Because saith the Law Leges instituuntur cùm promulgantur confirmantur dum approbantur 4. dist in istis ● prox Lawes are then ordayned when they are published but confirmed when they are approved Secondly if by a later law the former be disannulled e. 1. de Const in 6. So S. Aug. posterior canon corrigit priorem The later Canon corrects the former Lastly if by a contrary custome which is reasonable it be abrogated Locorum consuetudines ubi rationabiles sunt juri scripto derogare possunt cap. Dilecti 4. de arbitris c. 2. Ext. de Cons●ot●dinibus The customes of places being reasonable may derogate from the law written Now then I say That causes meerely Civill as Debts Inheritances Pawnes Morgages Leases Rents Annuities Pensions Purchases Sales and the like so often as Priests and Clergy-men were to be Defendants in all times as well under the government of the Saxon as Norman Kings were determinable by the Common-law never in any Ecclesiasticall Court at all So as it seemes unto me that law of the Church was either never received which in these Civill actions drawes the plea unto the Court of the Ordinary which I rather believe Or if it were at any time in observance by custome beyond all memory it was abrogated Neither need we so much to marvaile heereat since it is the common opinion of Divines that the exemption of Clergy-men as well in respect of their persons as their goods from saecular tribunalls was at the first introduced by humane not divine law So S. Greg. lib. 11. epist 54. doth no otherwise prove that a Priest ought not to be impleaded before a temporall Iudge but because Iustinian the Emperour had so ordained ● Read Card. Bellar. tom 1. Controversiarum printed at Leons in France 1587. lib. de Clericis cap. 28. But for the further clearing of this point Forsomuch as I am in the Negative our Archb. with his Friars in the Affirmative If they will maintaine that the law above cited in the beginning of this Chap. was ever in viridi observantia in due practise within these Kingdomes of England Ireland I say it is their parts by examples of Cases pleaded of Iudgments Sentences in such such Ecclesiasticall Courts of Bishops or their Vicar Generalls or their Chancellours to shew out of some auncient Records of the afore-named Courts Tribunals what may make for the confirmation of their cause which I assure my self they shall never be able to doe no not so much as to afford us one onely president though nothing be more common in the Common-law then Bishops Abbots Priests c. convented in the temporall Courts in Civill causes even in the best most Catholick times no lesse then at this day Hence are those Writs of temporall Courts unto the Diocaesan Bishops venire facies Clericum as also the Writs of Prohibition unto Ecclesiasticall Iudges as ancient as our common-lawit self which like unto Melchisedeck knowes neither father nor mother Why then doth our Archbishop Thomas Flemming aliàs Barnwell together with his Friars noyse it up and downe both Citty Countrey That A. B. Priest is excommunicated ● jure for calling C. D. Priest into the Court of the Kings Bench for detayning with-holding certaine of his Bookes from him most injuriously as was determined lately by the Lord Chief Iustice especially the aforesaid Priest A B. first having made his complaint unto his Ordinary the aforesaid Archbish could not be heard Shall we say That our Archbishop and Friars are either more wise more learned vertuous then the Bishops Pastours Priests the whole Clergy for so many hundred yeeres past so many Kings Iudges Iustices in whose Tribunals that course hath ever beene held O no I cannot bee of that minde but that these were as well seene in all Lawes divine humane as obedient children of the Church and as respective of the Censures thereof as we their posterity be To conclude then this point I confidently avouch and will maintaine against these our Innovatours who labour to infringe the auncient Lawes immemorable customes hitherto from our very cradle of Christianity received allowed and practised both by the Church and Common-wealth in these his Majesties Kingdomes That they declare themselves by such their audacious attempts neither to be good members of the Church nor yet good subjects unto his Majesty CAP. III. How the Archbishop Tho. Flemming aliàs Barnwe●l Frya● of the Order of S. Francis usurpet is a power never before heard of in this Kingdome to wit at his pleasure to banish the Kings subjects not onely out of his Diocesse but out of his Province IT is said That Exilium est mors civilis Banishment is a civill death And therefore in all reason not to be inflicted but by lawfull authority and for very grievous offences And first it is confessed by all Divines that Episcopall power in punishments is confined to the three Censures of Excommunication Suspension Interdict according to that of the Apostle Nam arma militiae nostra non car●alia sunt c. 2. Cor. 10. For the weapons of our warfare are not carnall

be proved against them according to that rule of the law which I placed in the beginning for my fift Principle is also the very law of God Nature That every one is to be held a good a legall man till he be convicted of the contrary And so much for my first Argument or Reason manifesting the Injustice and Nullity of the aforesaid Excommunication CAP. II. The second Argument against the Ex●●mmunication MY second Reason manifesting the Nullity Invalidity of the a●●●aid Excommunication is That all Censures of the Ecclesiasticall Iudge or Prelate are not onely to be expressed in writing 2. q. 2 Iuprimis but also to containe the cause of such censure Concil Lug. ●ap 1. ●od in 6. which expression of cause is not onely to be observed in denunciation of Excomunications already incurred but also to be incurred in case the cause be not otherwise notoriously knowne For example The Archbishop of Millan excommunicates all such Officers Wayters at the city gat●s as als● all citizens who shal admit into their houses strangers who bring not with them literas sanitatis letters of health This Excommu●ica●ion in time of pestilence mortality is just valid although it expresse no cause For why the cause is apparant the preservation of the Citty from infection in time of pestilence Yet say I in case there were no danger of infection for that there is no fame or report of any ●iagues abroad it were no valid sentence for want of intimation and expression of a cause And this happens so often as ●uch things are pr●hibited under censures which of themselves are not unlawfull but by some accident or circumstance And in this all agree Now the afore-named Priests doe alledge in this their Apology That there is no cause at all layde downe in the sentence of the aforesaid Excommunication nor yet otherwise manifest for which want defect they doubt not to avouch it Invalid But it will be said unto the Minor of this Syllogisme That there is a cause expressed nominated yea and very much insisted upon in the Censure to wi● obstinate disobedience continuall insolencie and that without hope of amendment to the great scandall and disaedification of many Catholiques c. To which I answere That Disobedience is an universall cause hath many branches spreading it self farre wide thorough the whole life of man For example there is disobedience unto God and that in as great variety as there be sins offences against the first second Table There is disobedience unto the lawes of holy Church There is disobedience unto the lawes edicts of Princes to Prelates to inferiour Magistrates to Parents to Tutors to Masters of families to Pedagogues to all lawfull Superiours that in an Ocean of matter circumstances Now then forsomuch as neither vice nor vertue can be exercised but in their proper particular individuall 〈◊〉 No act of the Priests disobedience being heere m●ntioned no cause of the Excommunication is expressed no cause no censure For it is a saying as true as common That qui ambulat in universalibus intendit decipere He that walketh in universalities and generalities desires to deceive You know in your Civill Temporall Courts If a man be to be punished either corporally or by the purse his particular fault is set before his eyes yea and made manifest to so many as please to take knowledge thereof Is Titius an offender Is he a wicked man This is not sufficient to doome him to punishment And why so because there bee many kindes of offences many sorts of wickednesse Is Titius a theefe hath stolne Neither is that sufficient to cause his punishment And why because there be many sorts of stealths theeveries But hath Titius stolne a piece of plate of so mauy ounces an horse or a cow of such a valew from such a man such a time in such a manner O when Titius is brought unto his tryall in open Court is convicted of his particular act crime either by his owne confession or proofe of witnesse then is Titius subject to the sentence and to the execution thereof Even so say I disobedience is a vice in universali therfore as not committable so not punishable but in his particular Act. For they that know any thing know this that sinnes cannot be committed neither in Genere nor in Specie but in Individuo per Iudividuum But heere in the censure of the Archbishop it is neither declared against whom or in what matter this disobedience was or of what nature or colout it is The punishment is declared to be Excommunication but the cause of it hangs in the cloudes of universality and whether it will prove hayle raine or snow no man knowes but by divination Now let any indifferent man judge whether it be not a most illegall an exorbitant course of proceeding for a man to know his punishment not his offence to feele the one before he be convicted of the other And such is the case of these R. Priests who from time to time have demanded urged required with all duty due respect of their Archbishop as also of his Councell of Friars What this their disobedience was against whom it was committed in what matter it consisted of what nature it was of And nothing answered but sic volo fit jubeo or as sometimes it pleaseth him to say That he doth these things for causes and reasons onely knowne unto himselfe But if it were lawfull for Abraham Moses Iob to reason with God Almighty let me also with due respect aske of you my L. Archbishop whether this be not to open a gap to set wide the sluces of a full inundation to all injustice and impiety I say my Lord to punish your subjects for causes reasons only knowne unto your selfe For in so doing you seeme to erect a new tribunall to bring in such a forme of judgment among us as the world hath not yet taken knowledge of contrary to all lawes divine humane of God and man For first we reade in Genesis 3. when Almighty God was to cen●ure our first Parents for their transgression he was not contented with his owne knowledge but he cited them in person to appeare before him saying Adam Vbi as Adam Where art thou charging them with their particular disobedience in eating the forbidden fruit contented to heare what they could alledge in their owne defence before he descended to sentence yea as a grave Author writing upon that place saith Had not the devil bin sentenced damned before that time he happily then had bin admitted unto his defence and purgation The like did God in the parricide of Cain saying Vbi est Abel frater tuus Genes 4. Where is thy brother Abel The like he did in the destruction of the five Cities notwithstanding his omniscience no doubt to prescribe unto man a

made of a Clergy-man but when we got the end of the threed and did winde up the same to the bottome as somtimes we have done the other end of it did alwayes hang at a Fryars tongue And this they are the more animated encouraged to doe I say to offer any abuse or disgrace to a Pastor or a Parish Priest or any other of the Clergy for that no remedy in the earth can be had against them But why Because it is provided by such priviledges indults as they have obtained from the See Apostolick which I doubt not but was at the first granted them upon good consideration That upon all causes excepting heresies such other enormous crimes reserved to the cognizance of the Ecclesiasticall Magistrates they shall be convented before no other Iudges in primo instanti then their own Superiours as Guardians Priors Rectors Provincials and the like And you know it is a Proverb that the clout will help the shooe So as a man though never so highly wronged by a Friar had better fit him down contented then make a journey to the Friars Superiour happily 20 or 30 miles from him comming to his residence or Convent his Guardian shall either be at home or from home within or abroad at leysure or not at leysure to be spoke withall or not to be spoke withall even as it pleaseth himself And let the plaintiff doe his best or his worst he shall be sure his satisfaction shall never countervaile his labour and for one enemy he had before he shall be sure to purchase a score I could be content to make a Catalogue of some part of their lyes and slanders were it not to avoyde prolixity that they are so incredible as my selfe should also incurre the name of a lyar in relating them wherefore I hold it better to say my prayers with the Prophet David Domine liber tanimam meam a labijs iniquis à lingua dolosa O Lord deliver my soule from lying lips from a deceitful tongue And thus have you the first meanes of the oppression of the Clergy by our Friars which consists in making themselves strong The second is in making the Cleargy weake for upon these two Poles moves the Spheare of the Friars Monarchy Now to weaken the Cleargy there was held no better course then upon the vacancy of any Parish either by death or otherwise to annex that cure unto another as we see at this day five or six parishes within the walls with us reduced unto two or els in place of the dead who was a man of good talents and parts to substitute some Arcadian creature who litle can say more then his Matins he shall undergo the Cure For you know the greater the Asse the greater burden is he able to beare besides none more plyable unto the humour of the Fryar then he that is guilty of little worth in himselfe So twixt the one the other we see of ten Parishes within without the walls only remayning five while in the mean time the Fryars in about the town are multiplyed unto five score Besides what they have in the Countrey not one of these but what by his owne endeavours the strength of his Order the dependance of his Devoto's the countenance of our Franciscan Archbishop is able to prevayle in right and wrong against all our Clergy in Dublin For God help us at this day both Parish Priests all others of the Clergy aswell in the Suburbes as Citty of Dublin scarce are wee so many persons as were in the Arke of Noah Of which small number some of them being called by the Ordinary to have the care of Parishes and as themselves know and others can witnesse with them neither for any desert of learning or good life at all Others being the out-cast of Regulars and without all hope of reentrance being throwne out as branne good enough in those mens eyes to make parish Priests entertained into the Archbishops favour by humouring of his Friars who according to that rule of state pollicy commended by the Florentine divide et regna make a faction among thy subjects then be absolute he is willing to make use of them and to serve himselfe of them to ruinate both themselves and their fellowes knowing by how much more these silly men are obnoxious unto him and in his danger for some causes he is the more assured of them as the fittest instruments of opposition unto the rest of the Clergy Charus erit Verri qui Verrem tempore quo vult Accusare potest Iuvenal Sat. 3. Deare he is to Verres though not for love but feare Who Verres can accuse earth day each month each yeare For who are more officious or more violent in persecuting of the Clergy their friends then these men be to whom in a manner is committed the managing of the whole warre against the Clergy while the Bishop and his Friars in the meane while laugh looke on to see how industrious we be in supplanting one another by whose division in the Interim all the concourse of the Laity is unto the Friars enjoying to their great contentment such maintenance as was accustomed to fall to the portion of the parish Priests Thus like unto the wax Candles upon their Altars wasting themselves to give light unto others they make way unto the Friars Monarchy shortly upon their ruines to be erected Now this Episcopall or Friarly persecution of the poore Clergy of this City Diocesse began with the comming in of our present Archbishop and the first tempest thereof disburdened it selfe upon that worthy and most venerable Priest Fa. Iames Talbot then Vicar generall A most learned pious milde man as all this Citty can witnesse et ●ujus memoria fit in benedictione about the same time it descended also upon Fa. Patricke Cabil Fa. Luke Roch sort lately deceased a most worthy man For as any Clergy man was of more eminency sufficiency in learning piety vertue by so much alwayes was he held more to stand in the Friars light for with these ever have beene our Friars warres and ●o● with others Till lastly i●fell foule upon these two Priests D. Peter Cadell Paul Harris in whom finding nothing that he could reprehend The Bishop by the Councell of his Fryars falls upon the most ingenious kinde of persecution withall the most impious that ever in any age was practised yea I challenge all antiquity since the Ascension of our Saviour to give an Example of the like For first attempting by Regall power rather then Episcopall to banish them out his Diocesse that without alledging any cause against them finding this not to succeed with him he then commaunds under paine of Excommunication that none should be present at their Masses knowing that nothing could be more prejudiciall unto them in regard of their temporall maintenance nor nothing lesse troublesome unto the people For