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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

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

platforme of Iustice Iudgment Descendam videbo utram clamorem qui venit ad me opere compleverint an non est ita ut s●●am Genes 18. I will goe downe saith Almighty God and I will see whether they have done according to the cry that is come unto me or whether it be not so that I may know So our Saviour in the processe of the adulterous woman Mulier Vbi sunt qui te accusabant Iohn 8. Woman where be thine accusers So hath he foretold us what shall be the forme processe of the last Iudgment at what time the sheepe shall be separated from the goates Math. 25. And thus have you seene some few examples out of Scripture of Iustice exercited in Iudgment by God himselfe Now as touching humane Iudgments who can make question but as Moses made the Tabernacle according unto that patterne which was shewed unto him by God himselfe in the mountaine Exod. 25. So ought all humane Iudgments to be squared according to the divine Of many to rehearse some few examples Such was the judgment of Salomon in the cause of the two Harlots about the quick the dead childe III. Reg. 3. Such was the judgment of Daniel in the case of chast Susanna Dan. 7. Such was the judgment of S. Peter in the matter of Ananias and Saphira Act. 5. And our blessed Saviour Redeemer in that his Arraignment where Injustice most of all did triumph in the seat of Iustice yet was admitted unto his answer saw his accusers heard his forged crimes urged by his malicious enemies enforced against him by two false witnesses last of all received his sentence pronounced by the mouth of the unjust Iudge Pontius Pilate Math. 27. But these two venerable Priests 〈◊〉 I confesse not in a matter which concernes their lives yet in a case which some will say is more to be esteemed then life it selfe to wit their honour and good name in the world were condemned not cited to Iudgment absent and 〈◊〉 at what time it pleased my L. Archbishop and his Fryars to sit upon the Bench. And that which in all Iudgments by the Law of Nature ought to be the last the perclose of the whole processe was here the first namely sentence For neither themselves or any in the place where they live did so much as once su●pect any proceeding in any cause with them or against them till sentence was proclaimed and that as publickely as at the high Crosse of Dublin and themselves condemned of Disobedience but how As I have said in termes of universality Of a Disobedience wanting his existence or being of a particular act or fact Of a disobedience without father or mother naked of all circumstances as time when place where person against whom A singular judgment I confesse and not much unlike unto that which they say in some barbarous Countreyes is exercised The man first hanged and then his cause examined O Nicodemus Nicodemu● Thou a Iew couldst say Numquid lex nostra judicat hominem c. Iohn 7. Doth our law condemne a man before he befirst heard and know what he hath done But had Nicodemus lived in these dayes among Christians he would sometimes have seen wrong injury and oppression to have sit in the seat of Iudgment I will then conclude this point with that saying of Festus unto King Agrippa in the behalfe of that great Apostle S. Paul when he was to be sent prisoner unto C●sar Sine ratione mihi videtur mittere vinctum causas ejus non significare Act. 25. It seemes unto me a thing unreasonable to send a man bound and not to signifie his cause And is it not thinke you a farre more unreasonable thing to thrust the people into the spirituall bondes and fetters of Excommunication and not to signifie the cause thereof And I wonder that our great Masters in Israel and you onely great Couucellours of warre against the poore Clergy my Lord I meane our Friars who professe so great Schollership would not advise your Hon who happily by reason of your other imployments cannot so well attend unto the study of the Canons what punishment that Bishop incurres who excommunicates before the cause thereof be proved See then for this the Councell of Paris with Gratian 24. q. 3. De Illicita And I will for the ease of my Reader set downe the words De illicita excommunicatione lex Iustiniani Imperatoris Catholici c. As touching unlawfull Excommunications the law of Iustinian the Catholicke Emperour which law the Catholicke Church doth approve and observe in his 123. Constitution cap. 351. hath decreed that no Bishop or Prelate excommunicate any person before the cause bee proved for which the Canons of the Church command this to be done and for his unjust attempt he shall so long abstaine from the sacred Communion as shall seeme good unto his Superiour So that Councell And it appeares by the Canon that such Prelates incurve suspension See Ext●●de sentent Excom Sacro So S. Gregory the great absolved the Bishop Magnus unjustly excommunicated by Laurence Archbishop of Millan See S. Gregory lib. 2. Epist 26. And the same Pope Gregory did punish Iohn a Bishop for inflicting of unjust Excommunications See for this the place above cited de illicita Excom And let them consider of this who teach that our Bishops cannot erre in their censures That they must be obeyed in right and wrong c. But I shall have occasion to speake of that point hereafter Forsomuch then as you see the Law tells us that no Excommunication can either be inflicted or incurred before the cause thereof be proved Let me humbly intereat your Hon my very good Lord for I suppose that you are neither too old to learne nor my selfe too yong to teach Nor doe I doubt albeit I be inferiour to you in place and dignity in Gods Church that it will either misbecome my profession as being a Priest nor my white haires as now being Paulus senex even Paul an old man to preach unto you That as well for the security of your owne conscience towardes God as to avoyde the scandall and obloquy of the world as also punishment from the higher powers That hereafter you will either make the cause of your Censures as well knowne and approved unto the world as you doe your punishments or else the punishments as private unto your selfe as the causes thereof And so hoping your Hon. will take the premisses into your consideration I will descend unto the next point which shal be to satisfie some doubts to answer to certaine objections which may be made in the behalfe of the Ordinary against my two former Arguments enforcing the Injustice and Invalidity of the Archbishops censure CAP. III. Certaine Objections in behalfe of the Archb. propounded and answered FIrst then it may be said in defence and excuse of the Ordinary That the times are such as our Prelats in

the aforesaid printed Appeale I answere That there is nothing therein published unto the world which was not publicke before either de Iure or de facto or both as by induction shall appeare when time serves Now to make a thing more publick which is already publick was alwayes held most lawfull In confirmation whereof see these Authors following Cajet opuscuio 31. Respons 9. Lessius de justitia Iure lib. 2. cap. 11. dub 13. num 35. Clavis regia lib 11. cap. 11. num 30. 31. Arragonius de justitia jure q. 62. ●rt 2. Reginaldus lib. 27. cap. 4. num 82. 85. ●●orius 3. parte lib. 13 cap. 7. dubio 8. S●t lib. 4 q. 6. ar 3. And all other Writers If then to make more publick what already is publick be lawfull it skils not whether that publication be written or printed writing or printing being but accidentall to publication If you say But those foule excesses laide unto the charge of the Archbishop ought at least to have bin concealed from the Protestants I answer as in part I have done before in my Epistle unto the Reader That as among us a mixt people the manifest faults excesses of Protestants cannot be concealed from the Catholicks No more is it possible that the manifest faults excesses of our Catholicks can any wise be hidden from the Protestants of which nature quality are those 8. aggrievances which we layde down in our late Appeale Besides who seeth not that it is the delinquents thēselves who first manifest make publick their own disorders by such manifestation they come to be known of others who in their own just defence may make use therof by way of justice to haue the same reformed or corrected how els could it be lawfull to bring any person in question upon crimes in courts Tribunals And how comes it to passe that we have both heard 8● read of Prelats not only excommunicated or suspended but somtimes deposed for Heresie Schisme Simony c. I say If their own faults might not be further published 2. Secondly in defence of Printing our Appeale I say that an Appeale is a juridicall instrument of his owne nature admitting publicity no lesse then all other court pleadings as Bills Answers Orders Sentences Iudgements Executions the like All which processes of publicke courts may be notified through the world either by pen or Presse 3. Thirdly we committed that our Appeale the rather unto the Presse for that we suspected our Ordinary would not accept it at our hands having often before denyed to receive any letter or Petition from such suiters as desired justice of him so de facto it came to passe For first personally in pen hand we presented this selfe same Appeale unto our Ordinary Iune 21. an 1632. who refused to receive it of us Wherefore that it might be sufficiently knowne that we did Appeale from his manifold tyrannies to a higher Tribunall which benefit of the canon for that he both hath doth continually seeke to deprive us of and debarre us of all audience we held it necessary and as by our learned councell we were advised to notifie his manifold and manifest injustice omnibus Chri. fidelibus 4. Fourthly None can Appeale from the court of the Ordinary to a higher Tribunall but of necessity he must lay downe the causes grounds why he declines the judgement of his Ordinary otherwise his Appeale is not onely voyde in law but he is punishable for the same See 2. q. 6. cap. Quicun● cap. emaino de appellationibus in 6. ibi glossam Item Sayrus de eens lib. 12. cap. 17. num 34. with many Doctours by him cited So then those 8. Gravamina layd downe in our Appeale being the causes why we declined his jurisdiction wee could not omit the same 5. Our fift reason is Ad hominem as thus Our Ordinary Thomas Flemming aliàs Barnewell thinking good to prohibit the people our Masses under Excommunication he layes downe for his ground our disobedience continuall insolency without hope of amendment c. as may appeare by the first lines of his censure prefixed unto this work which causes althogh above at large are proved to be meerly his owne inventions yet true or false he made no scruple to publish them in open Auditories assemblies when the greatest concourse of people might be had to our great disgrace shame and infamy as much as in him was If this I say was lawfull for him to do against us in matters so false as we dayly challenge him to the proofe of them may not we doe the like in our just defence in his most notorious crimes to which every day we offer our selves to the tryall and touchstone of proofe before any Tribunall which is pleased to take knowledge thereof 6. Lastly our Archbishops faction dayly writes and prints against us of the Clergy witnesse that infamous Libell called Examen juridicum censurae Parisiensis under the saigned name of Edmundus Vrsulanus not onely scosfing the R. Bishops of France with all the most learned Doctours of Sorbon that famous Vniversity of Paris in most base contumelious language traducing them but also charging five R. Priests of this Irish Nation that by name with lewd aspersions of which himselfe dare neither give his name by which he may be knowne nor shew his head to the justification Nay not sparing to blemish the fame of the most Ill Archbishop of Paris being himselfe as is confessed by his owne faction a Friar Minor but more they neither will nor dare give us of him which libelling Pamphlet of that Friar is in such high estimation with our Archbishop as it is made his only Vade mecum may not we then in defence of our good names print what we are daily provided to justifie firming it with our own proper names by which every houre we may be knowne challenged as we did that our aforesaid Appeale to so many persons as we did communicate the same unto And as I my self the Author of this Book Paul Harris do subscribe my name with mine own hand offering my selfe to the justification of every word syllable therein contained The next worke gentle judicious impartiall Reader which thou mayest expect at my hands is a full refutation of those most impious blasphemous doctrines of the Friars above-mentioned in Cap. 4. As also a compendions Treatise of the 6. Excommunications 2. Exiles 2. Suspensions published inflicted within the compasse of a few weekes by our present Archbishop Tho Flemming aliàs Barnwell with the causes motives subjects of them all And so submitting my self all my writings to the censures of the See Apostolick beseeching Almighty God of his infinit goodnes and mercy to grant us his grace ro live and dye his servants I heere end Qui ve●●●●s mutant ritus legesque refigunt Quas ●●êre Patres nullo compede vivunt Hi sunt qui patriae clero populoque minantur Excidium Tu prisca fides borum agmina vitae FINIS Something being heere omitted accidentally makes the cohaerence not so goo●