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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

privatum commodnm sapè faciunt judicem non cognoscere verum lib. 1. Rhetoricorum Affection Hatred and private commodity makes many times a Iudge not to know the truth And who knowes not that in all ages the world hath much halted on that legge I meane of Injustice And some will unhappily say that this age wherein we live is not much better then her predecessours Now my last Argument in this case shall be Ad hominem convincing my Adversaries by their owne practise As thus If it be not lawfull for the Subject or Inferiour to question the sentence of his Superiour the Priest of the Bishop I then demand How came it to passe that in England of late our Friars doe question the commaund of the Bishop of Calcedon that most reverend pious learned Prelat who was placed over the English Cleargy by the See Apostolicke Where●ore did the Monkes as also the Ignatian Friars or Iesuites write diverse bookes and treatises against him which bookes we have seene and read surely these Monkes were none of the Lord of Calcedon his Superiours at all Againe What is the cause why that libelling Friar of S. Francis Order cloaking his infamous writings under the name of Edmundus Vrsulanus in his booke called Examen Iuridicum Censurae Parisiensis is so bold not onely to call in question but absolutely to condemne the Excommunication of the most Illustrious Archbishop of Paris published against such as shall defend maintaine the Eleven Propositions commonly called the Irish Propositions Vrsul●●us himselfe being but a seditious Friar and I trow none of the Archbishops Iudge or Superiour at all And to come neerer home How came it to passe That in Droghedah some ten yeares agoe certaine of the Iesuites being excommunicated that by name by Iames Plonket then Conservator Iuris for the Franciscans And certaine of the Franciscans on the other side excommunicated by an other Indge at the procurement of the Iesuites neither one or other yeelded obedience to the aforesaid Excommunications but both stood stiffely in defence of their owne opinions exclayming against and condemning each other in publicke Sermons to the great scandall disaedification of all good Catholiques And yet neither was the Franciscan or Ignatian Friars Superiours unto those Prelats who for their sakes fulminated those Censures And lastly to come home unto our owne doores What say you gentle Friars unto this late example now in the mouth of every one as well Protestant as Catholicke I say of our Archbishop of Dublin Thomas Flemming aliàs Barnwell Friar of the Order of S. Francis who stands at this day excommunicated yea Excommunicatus nominatim denunciatus Excommunicated by name denounced the same by a Papall Excommunication legally for most just causes published against him he not able to give any reason either of the Iujustice or Invalidity thereof remaines obstinately disobediant unto the See Apostolicke to the great scandall disaedification of all Catholickes not onely of this Diocesse Kingdome but thorough the whole Christian World So as he who most injustly contrary to all course of law censured others himselfe is fast bound in the tyes of an excommunication that from the See of Rome So as it may truely be said of him Incidit in lequeum quem fecit super caput ipsius descendet iniquitas ejus He is falne into the Pit which he digged for others and upon his head sh Il his iniquity descend Psal 7. To conclude then this point and summarily to lay together what hath more largely beene discoursed I say forsomuch as the Archbishop our Ordinary hath not troden in the steps of the ancient Fathers not observed such Rules as the sacred Canons Councells and Decrees of the ancient have prescribed to him and all other Iudges as their lawfull Superiours as in all other their Court proceedings so in awarding their sente●ces censures but that the said Lord Archb. in the case of the aforenamed Priests most illegally exorbitantly a●omolously hath proceeded by publishing his sentence in the first place which ought to be in the last having omitted not onely solemnia juris but essentialia juris not onely the solmnities of the law but even the very life p●●hand essence thereof As first a lawfull citation or calling unto their an●wer the examination and probation of cause against them neither hath as the law requireth mentioned in his sentence the particular cause of the peoples Excommunication in hearing the Masses of these two R. Priests but onely as hath beene said in universali in generall in the aire to wit disobedience not individuated they therefore except against his proceedings as most illegall corrupt confidently avouch that the aforesaid censure of Excommunication is nulla irrita invalida voyde invalid of no force so to be held esteemed of all And such Regulars whether they be Monkes or Mendicants which like unto Ephrain against Manasses Manasses against Ephraim but both against Iudah doc labour to extinguish the Cleargy to draw unto themselves as well the dependance and countenance of the people as their purses to that end do teach the Laity that they ought to make great scruple of the aforesaid Excommunication They are false teachers of the number of them of whom the Apostle speaketh unto Ti●us 1. qui universas domos subvertunt docentes quae non oportet turpis lucri gratiâ who subvert whole houses teaching such things as they ought not for filthy lucres sake For the Citizens can well witnesse with us that they run from house to house most seditiously incensing and setting the people against us not regarding justice or injustice but what may best serve for the erecting of their so long desired a Monarchy And with such diligence doe these apply their businesse in this matter of the ceusure abusing the ignorance credulity of the Laity as if they cannot draw the good man of the house unto their straine then they betake themselves unto the good-wife from her unto the children Apprentises and servants not ceasing till they have put the whole family into a combustion broyles one with another While we in the meane time with patience have endured all the wrongs injuries of these their seducements yea till with their importunity and many a false corner lye they have made us as odious unto the people as any male factours For what cannot such a multitude perswade Kinsmen to these gossips to those matching these couples bringing custome to that shop giving here the Scapulare there the cord ascribing such vertue protection unto them as holy Church never taught nay attributing such grace merit unto one Satursdayes Fast after they heare take notice of the death of a certaine Spanish Nun called Luissa as more can not be ascribed unto the Passion of our Saviour Christ well worthy to be swayled with faggots in the Inquisition for

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

truth thereof let him either come or send unto me I will give him such satisfaction as he shall returne assured of the truth of what I have reported For as old Eleazarus said 2. Macab 6. Non enim aet●ti nostrae dignum est fingere It becomes not our yeeres to forge much lesse my profession to slander For let the world thinke or speake of me what they please I intend the reformation of what is amisse which were I so happy as to effect I would then offer up a silver pen not to Apollo the Muses but to the honour of my Saviour in this or the like verse Consecrat hic Paulus calamum calamique labores Ante aras Domino lata trophaea suo But this may not be done till I have told another Fryar of his fault it is a publicke fault for I meddle with none other who when the Priest in his sacred vestiments is prepared to say Introibo ad altare Dei the Fryar in a most undece●t ●usticall manner will well ●ecre justle him from the Altar causing him to yeeld unto himselfe the first time and place of begging on which both Masse Priest and People must attend as if the Friar should say with the Satirist O Cives cives quarenda pecuni● primum est Virtu● post nummos I●●n And so the divine fearefull mysteries being celebrated at no canonicall houre the people are dismissed at two a clocke to go home to dinner And if the parish Priest seeme to be displeased with the Friars behaviour or give the least impediment unto his begging he shall be threatned Excommunication by vertue of his Priviledges or else by the Bishop of the Diocesse to be discharged of his place As we have lately seene practised in the Diocesse of Kildare under their Dominican Bishop The consideration of these our miserable times in Ireland doth often make me to thinke to reflect of the dayes of Heli the Priest 1. Reg. 12. where the Scripture sayeth Porrò filij Heli filij Belial nescientes Dominum neque officium Sacerdotum ad populum c. Moreover the Sonnes of Heli were the Sonnes of Belial neither knowing our Lord nor the duty of Priests unto the people c by whose base greedinesse as you may read in the place above cited it is said Quòd retrahebant homines à sacrificio Domini They did withdraw the people from the sacrifice of our Lord which example of Ophni Phinees the two Sonnes of Heli in preferring the flesh pots before the sacrifices of God is set forth unto us a most lively type figure of our Friar Mendicants who in what abundance soever they live whose apparell horses foote-boyes argues rather superfluity then poverty yet begge they will begge they must that as before hath beene noted with such immodesty as all present but themselves are much ashamed of them making the people either to loathe or at least to forbeare their duty to God and in truth to conceive that all our Religion is but to serve our owne turnes Those who doubt of the truth of my speeches let them but upon some Festivall day walke unto the next Villages as Cromlin Casticknock Palmerston or Lucan c. and they shall be both eye eare witnesses of much more then I have said But if they will take the paines to make a journey so farre as Connagh then I will promise them that there they shall find our Friars rather latrones then mendicos more to smell of the Theefe then of the Beggar For without any leave or liking of the honest Farmer they will make bold to search his Arkes hutches of Corne Meale Malt thence to take away what they please for who can controll them Moreover I am credibly informed by divers of very good note in those parts● That many times they will drive together all their neighbours sheepe into one fold knowing every mans marke they will choose out what Muttons they like and I beshrew them if they take not the fattest who is he that dare say they doe amisse To such a potency they are growne even in a short time in this Kingdome that they are become not only terrible unto the people but not to be ruled by the lawes of the Church and the institutes of their owne Orders And even as in the dayes of King Henry 8 of late memory the manifold abuses not onely of the Laity but even of Church men did cast them out of these Kingdomes and brought that desolation upon them which to this day their posterity doth inherite So let us never thinke to repayre our ruines with those excesses and disorders which were the causes of those ruines For doubtles the same causes sooner or later will have the same effects Now certaine it is that as some of the Ecclesiasticall order might be tainted with much pride ambition by meanes of their great plenty abundance not free also from covetousnesse yet the Mendicant orders according to the course of mans naturall corruption are more prop●nse and inclined unto the dropsie of Avarice such vices as follow thereupon th●n either the Clergy or any other estate condition of men who having a competency of some settled meanes may well attend their vocation with tranquillity contentment of minde I say their mediocrity of meanes under God defending them from too much anxiety and care of future wants When as the Friar Mendicant being habituated in begging continuall receiving of almes expectation of uncertain gifts dwels ever in cares house his wants as well imaginative as reall like unto two fore-swarty forge-men still beating hammering upon the head-piece of his imagination permitting him not to take any rest yea without a speciall degree of Gods grace the beggar is ever sad melancholy humorous greedy nor ordinarily so well provided as he ought to rely upon that providence which ever takes place of humane diligence For example give a convent of Fryars though but of 20. persons five hundred pounds in almes this day which is a faire proportion you shall see them to morrow as industrious in begging as if you had given them but ten shillings For even as Hawkes halfe gorged are more eager of prey then these which are kept fasting so fareth it with the Mendicants who looke not so much to what they have allready gotten as what they have not yet obtained nor what for the present they enjoy as what in time they may come to want Nay the Friar though never so well accommodated abounding on every side with rich kinred friends Benefactours amidst his owne nation where probably he can never come to looke necessity in the face having also Dominus vobiscum as a sure buckler in the hands of a man of good comportment to defend him also from want yet compare this Friar Mendicant not now to a Clergy man as we have already done but even unto the

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●