leave of the world Mundus non mundar sed mundus polluit Ergo Qui manet in mundo Quomodo mundus erit But how truly may I say with old Tobias Great art thou O Lord who dost wound and heale who brings unto the gates of death and backe againe Tob. 13. And so while yet we have time operemnt bonum ad omnes let us do good to all especially to the domestiques of faith as the Apostle adviceth us It being the office of a good pastor as well to seeke the stray sheepe as to feede the ninety and nine CAP. VIII An Objection answered THere remaines then a difficulty to bee removed for some will well allow of my precedent discourse were it not for one blocke which lyes in their way confessing indeede that in all causes meerely civill Clarkes were anciently empleaded in the Kings temporall courts Neither say they was this to be misliked so long as these kingdomes did stand constanâ— in the profession of the Catholique and Roman religion but fince they have declined therefrom and that the Magistrates are now of an other opinion and profession in the service of God then in those times they were That of the Apostle seemes to take place writing to the Corinthians who having received the law of our Saviour did notwithstanding in their wordly controversies draw one another unto the heathen tribunals Sic nonest inter vos sapiens quisquam c. So is there not among you any wiseman that can judge betweene his brother but brother with brother contendeth in judgement and that before unbeleivers 1. Cor. 7. Now therefore say these men It is not lawfull in these countryes rebus sic stantibus to draw clergy men to the secular tribunals of Protestant judges To which I answer That the Argument which concludes more then it ought is alwayes vitious and that reason which may bee retorted upon the arguer is ever inconsiderately propounded For if that passage of the Apostle were a precept and so binding under sinne to obedience then not onely the Ecclesiastique but the lay Catholicke might not bee compelled to answer before such Magistrates forsomuch as S. Paul speakes generally of all the faithfull without any distinction And therefore our Rhemists according to the universall consent of the fathers doe understand the words of the Apostle in the nature of a Councell and not of a commaund And happy I confesse it were if that Apostolicall councell and advice were followed namely that controversies and suits 'twixt parties which are many times commenced for light causes and more out of stomacke malice and revenge then of good conscience might be composed at home by friends and neighbours sine strepitu forensâ— without this lawyerly pleading at the Barre the benefit whereof is commonly small and uncertaine but the discommodityes both great and apparant as losse of time expence of money with much disquietnesse and vexation of minde But this is a happinesse rather to be wished then ever to be expected among such variety of wills hnmours and dispositions as the world more then ever abounds withall But to hold it absolutely unlawfull for Christians to wage law before publicke tribunalls as it is at this day the heresie of the Anabaptists So to deny that the Roman Catholickes may convent or bee convented in the courts of such magistrates under whom they live notwithstanding what difference soever in matter of religion smells very strong of the heresie of Wicliffe condemned in the Councell of Constance Forsomuch as it is the consent of all divines that no variety of opinion no error in faith no infidelity destroyes or takes away the power of the civill magistrate either supreame or subordinate Such obedience then as heretofore was due unto Catholicke princes by their subjects the same is no lesse due unto their successors of what opinion in matters of faith soever they be Religion being but accidentall and not at all essentiall unto civill principality ordained by God for the politicke and peaceable government of mankind according to that Per me Reges regnant legam conditores justadesernunt Prov. 8. By me Kings raigne and those who make lawes determine just things If then clergy men were lawfully convented in civill actions before Catholicke princes and Magistrates in times past as hath beene proved so no lesse also may they bee before Protestants at this day and the contrary doctrine of our Friars and their followers is but a corner doctrine and of no good subjects And if not of their owne choise and free election it were both good for the Church and common wealth and also for themselves that they might be forced both to live and teach conformable to their holy institutes and so happily there would bee an end of all Controversies 'twixt the Clergy and them An Epistle of the Author unto Thomas Flemming alias Barnwell Archbishop of Dublin AS I began with an Epistle unto Pope Vrbanus 8. now sitting at the helme of S. Peters Barque So it will not be impertinent by reason of some late occurents to conclude with an Epistle unto Tho. Flemming Archbishop of Dublin in the behalfe of the poore distressed Clergy of his Diocesse If any marvaile wherefore I doe addresse my letters unto him rather in print then in private the cause is as I have declared in the 6. chap. That upon what humour or by whose perswasion I know not he refuseth to receive any letter from me sent unto him by any private messenger Yet what I publish in print I finde that he most diligently peruseth Now for that my desire is he should read what I write whether I be his friend as I perswade my selfe I am Or his Adversary as he supposeth yet even from an Adversary some benefit may bee reaped Else had Plutarch never writ his booke Deutilitate ab inimico capienda Of the commodity to be made of an enemy Nor ever had S. Monica the mother of that great S. Aug. beene taught to drinke water had not her shrewd may de in her anger called her a wine bibber as S. Aug. himselfe tells us in the 9. booke of his Confess chap. 8. You see then how I endeav our to comply with the Archbishops humour and that to the example of diverse holy and learned men who have divulged unto the world those very same Epistles which they have directed unto particular persons without any private mission or signature sometimes commending their good actions sometimes reproving their bad So S. Hicrom so S. Bernard admonishing not onely Bishops and Abbates but even Popes and princes of their excesses But it will bee said that they were Saints and I a poore sinner yet say I they were not knowne by that stile when they wrote those Epistles but with much more humility then doubtlesse is in me they confessed themselves to be sinners and so of sinners became Saints But to our purpose S. Paul writing unto Titus whom hee had made Bishop tells him that therefore he
by which separation from both they have framed a new no. Church unto themselves worthy no where to be admitted In the second and last place I am to prove according unto my promise That the Friars of this Kingdome are no good subjects so also in that respect rather deserving punishment then either favour or protection from the State under which they live And so I argue In those better and more religious times of our Ancestors and when the Catholick faith did most flourish in Great Britaine taâ—ne and the Iles adjacent Cùm terra â—rat unius labij when our Kings Bishops Nobles and Commons were all of one heart and lipp in the worship and service of God when the Canons Lawes and behests of holy-Church were in most rigorous observance yet even then and in those dayes no Archbishop Bishop or Prelate took upon him or might by vertue of any Ecclesiasticall calling or dignity to banish either out of the Land or any one district Dioccesse or County any of the Kings subjects of what calling so ever or for what cause so ever And albeit Metropolitans Bishops Arch deacons other Prelats were of as great power as ample jurisdiction in those times as any of their successours have been since yet notwithstanding all suites against ecclesiasticall persons of what quality or degree soever in civill and secular causes as debts rents revenewes leases inheritances and the like were both commenced determined in the Kings temporall Courts not at all in the Bishops Consistoryes as appeareth both by the ancient Lawes of these Kingdomes the consent of the learned professours thereof who all with one voyce as well Catholickes as Protestants doe at this day agree in the premises Notwithstanding all this our new titulary Bishops especially so many of them as are sent unto us out of the Friaryes beyond-seas together with the whole Regularismâ— of this Kingdome doe stoutly maintaine both by doctrine practice the contrary First that they have power to banish if they bee Arch-bishops out of their Provinces if Bishops from out their Dioceses not only for offences but even ad nutum indicta causa at their own will and pleasure without either examination or determination of cause any of the Kings subjects aswell of the temporall as ecclesiasticall estare Secondly they teach practically maintaine that whensoever the Defendant is a Clergy man not only in ecclesiasticall â—anses but as well in temporall civill as debts morgages leases rents c. they are to be impleaded before the Bishop of the Diocesse in which they live not in any of the Kings Courts at all In defence and justification of both which paradoxes Tho. Flemwing titulary Archb. of Dub in stiffly persisting for that indeed within the Diocese of Duklin he had practised both those points notwithstanding that his errour was with much mildues and learning both out of the Canon Common-Lawes opened unto him by one of his Majesties Privy Councell yet can he not to this day be reclaymed but remaines most wilfull obstinat in his former practised error His Friars perswading him to offer himselfe a sacrifice in defence thereof laying an imputation upon all such as complaine of this his tyranny that they seek his bloud Not doubting but one way or other to prevayle in this his usurpation notwithstanding what opposition soever of the higher powers against him And like unto this our Archbishop Flemming is another Franciscan the present Bishop of Downe of the house of Maggennes a man in his behaviour more like an Italian Bannito or some debosht Ruffian then a sacred Bishop as may well be seen by his fantastique acoustrements coupled to his Vltique manners having his locks hanging over his rich face down his shoulders even to the center of his back strouting himselfe at every third word upon his tip-toes as if he were angry at his parents for not making him a foot longer And if any think my pen hath wronged him in this rough draught let them make a pilgrimage unto him he lives not above two dayes journey from Dublin if they find him not as I have presented him let them come unto me tell me of it I will congratulat with them his reformation This Hugh Magennes transformed first into a Friar after into a Bishop retaining still the first savour seasoning of the pot meeting lately witha Clergy man of these parts asked him Now what doth Caddeâ— Harris do they live still in Dublin Yes Were I their Bishop concutiens illustre capus as if every haire of his head was able to transport them beyond the Aequinoctiall I would send them further off O ne savi magne sacerdos by your favonr my Lord Caddell Harris are civill men as they be Catholique Priests so are they the Kings liege subjects may live in Dublin or where else they think good within his Majesties Dominions so long as it pleaseth the State to permit them being far froÌ„ yeelding to the new usurped tyranny which your Friar Bishops have of late brought into this Kingdome contrary both to the Common Canon Law as hath bin demonstrated unto them not only in my late Treatise against The. Flemming his Excommunucation but since that again most learnedly vivâ voce in the Castle of Dublin by such as had the examination of the cause Neither is it to be thought that his Majesty will endure such a diminution of his honour by any one Friar or the whole pack of them together In the mean time God help the poore Priests who live under the Friar Bishops to whom if they do not yeeld in these the like practises they shall presently heare Veteres migrate coloni you shall no longer live in my Diocesse which thunder-clap was first heard in Dublin but afterward roared into other Diocesses yea such vexation they find especially Priests of the best parts deseres under the Friar Bishops as to redeem their vexation to purchase their peace they are contented to forsake their Parishes poore entertainments and to betake themselves unto other Diocâ—sses where the Clergy-Bishops governe leaving all to the Friar who defires to doe all and have all And for this cause is it together with ambition and an unbridled lust of domineering that so many Friars at this day do hunt after Bishopricks as weare credibly informed both from Paris Rome no fewer then eight of them to the admiration of strangers deteslation of all modest men importuning the Pope to be made titulary Bishops of this Kingdome there being searce so many places vacant which if they do obtaine the utter ruine of the Clergy in those Diocesses can not be prevented whom they will not faile to supplant to furnish their places with Friars each one of his own order as we heare dayly to be practized in the next Diocesse of Kildare whose Bishop being a Dominican Friar creates his Friars
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
and divulgeth me both in publick and private assemblys to be excommunicate and why forsooth for bringing the Priest Brangan by a warrant in the cause of my bookes before a secular Tribunall Vpon this no man hence forward must eat or drinke with Paul Harris no man may converse with him no man must salute him or bid God save him For why Incidit in canonem He is fallen within the penalty of the Canon Nay rather Incidit in latrones He fell into the hands of a company of the eves who wounding him and leaving him halfe dead he had utterly perished had not the good Samaritan taken compassion of him Now albeit I have handled this matter in my late answer unto Thom. Flemming his Excommunication yet for that this discourse drawes me so aptly into the same controversie a point of such debate at this day twixt the Clergy and the Regulars it shall not be from the purpose to enlarge my selfe with some few additions to what in my former bookes hath beene delivered upon this Argument as in the Chap. following CAP. VII The state of the Question is this Whether in these Kingdomes under the government of the King of Great Brittainy A man conventing an Ecclesiasticall person in a cause meerely civill before the tempotall Magistrate hath ipso facto incurred Excom De Iurc THe Bishop I will not say with all his Clerks but with all his Friars maintaynes the Artirmative In confirmation wherof they allâ—dge those known texts of the Canon and Councels cap. sivero lo. primo de sont excom e si Index leisus co tit Lib. 6. in extr Martim ad reprimendum 11. q. 1. where it is said that no Clarke may be convented before a secular judge either for cause civill or criminall So Concil Chalcedonsan 9. â—dgathènse can 32. Carthag 3. can 9. c. Bulla cene For answer herennto I say that those and diverse other texts out of the Canon may be alledged to that purpose For I acknowledge as in my booke unto the Excommunication that regularly speaking no ecclefiasticall person may be convented or empleaded before a temporall Iudge in any cause ecclesiasticall civill or oriminall Yet since humane lawes are not obligatory till such time as they be received according to that Leges institnuntur cum promulgantur confirmantur dum approbantur Distinct in istis § prox Lawes are then ordayned when they are published but confirmed when they are approved yea and being received and approved may not only by the Law-makers bee repealed or by priviledge dispensed withall but also by a contrary custome abrogated according to that Dilect 4. de Arbitris cap. 2. Extra de Consuetudinibus Locorum consuetudines ubirationabiles sunt juri scripto derogare possunt The customes of places being reasonable may derogate from the law written and such is the doctrine of S. Aug. in his epistle ad Casulanum cited by S. Tho. 1.2 q. 97. ar 3. Mos populi Dei instituta majorum prolege sunt tenenda sicut prevaricatores legum divinarum it a contemptores consuetudinum ecclesiasticarum coercendi sunt The custome of Gods people and the ordinances of our ancestors are to be held for a law and as the transgressors of divine lawes so the contemners of ecclesiasticall customes are to be punished They who desire more reason and authority for the confirmation of this point let them read the Angelicall Doctor 1. 2. q. 97.3 Also 2.2 q. 79.2 and q. 100. 2. and it hath the consent of all Divines First then since it appeareth by the Registers of spiritual courts that ecclesiasticall persons from time to time have beene convented in cases ecclesiasticall before ecclesiasticall Iudges as in matter of doctrine sacraments benefices tents c. And secondly since it appeareth by the Registers of the same courts to such as will looke into them that ecclesiasticall persons have usually beene convented in causes criminall before the said Tribunals as felonies rapes murthers c. and either found innocent cleered or guilty punished and in crimes capitall degraded and so delivered unto the secular arme And thirdly since it doth not appeare by any Register or other testimony to be produced for these thousand yeares and upward that any civill cause as matter of lands In heritances debts leases sales rents purchases c. have beene sued or sentenced in any court of Bishops Archdeacons or their officialls by vertue of any ecclesiasticall power or jurisdiction whatsoever But of the contrary is manifest and will well appeare by the records of the Kings Courts by bookes of the common law and their reports in every Kings raigne that in the cases above mentioned both Bishops Priests Abbots Priors Superiours of Convents in behalfe of their subjects and all sorts of ecclesiasticall persons both male and female have had their trialls in the aforesaid cases before the secular Tribunalls witnesse both the Canonist and the Common Lawyer I say these grounds considered It is evident to any man of common sence and understanding that either that Canon which in these civill actions drawes the plea unto the ecclesiasticall court of Bishops or any other spirituall Iudges was either in these kingdomes never received or if it were at any time in observance by custome beyond all memory was abrogated Neither neede wee to marvaile thereat for so much as there wants not examples as well as doctrines leading us thereunto For first not to speake of the Canons of the late counsell of Trent We see the Bull of Pius quintus de Censibus in few places besides Italy and Spaine in viridi observantia in due observance And why because it is not received What Canon or Law of the Church more generall then that diparitas cultus derimit matrimonium Difference of religion that is where one party is a true beleever the other an Infidell or heretique dissolveth matrimony And yet Becannâ— the Iesuit tells us that the Catholickes of Germany marrying with the Lutherans incurre no such impediment neither before nor after matrimony And why Because saith he that law of the Church was either among them never received or if so by contrary custome abolished Againe Panor with Felinus in e vniver sitabis As also Decius in e. dilectis num 3. de Appell tells us that such lay men as by command of the Ecclesiasticall ludge shall torture those whose persons are priviledged from violence by that Canon Si quir suadome diabola c. or for correction and punishment of their offences shall beat such Monkes or Friars with rods staves or clubs as well the ecclesiasticall Iudge so commanding as the lay persons executing his sentence doe both of them incurre the Canon and are excommunicated ipso facto de Iure And yet Graphius a grave writter and a monke of S. Benets order in his decisionibus aureislib 2. cap. 49. excuseth as well the one as the other the Iudge as the executioners by reason of a contrary custome practised in
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
house or as he is a Priest or as he is an Archbishop but onely as he is a Friar to which sort of people either lying is essentiall or sure in many mens opinions proper quarto mode and even in the Iudgement of that most pious and learned Monke Tho. Walsingham speaking of the Friars in these words not now first by me alledged In tantum etenim illam veritatis professionem suam perverse vivendo macularunt ut in dicbus ist is in one cujustibet bouwn set argumentum teneus tam de forma quam materia His est frater Ergo mendax sicut illud Hoe est album Ergo coloratum They have in such sort stayned that their profession of truth by their unhappy living that in these dayes in every ones mouth it is a good Argument holding as well in forme as matter This fellow is a friar Ergo a lyar Even as to say This thing is white and therefore hath a colour So Tho. Walsingham in the raigne of Richard 2. fol. 266. But some will say Cuibonam To what end should the Archbishop use such doubling or to whose benefit in conferring of benefices are the waters allwayes so troubled among us I answere therein lyes a mistery not yet reveiled unto babes You know S. Paul wisheth that in the Churchall things bee done Ad adificationem I. Cor. 14. and so it is with us but how Ad adificationem Regularium to the building up of the Friars Monarchy and destruction of the Clergy for this is the common Antiphona sung in the Irise Church in these dayes Vp with the Friars and Downe with the Priests Now for our Archbishop albeit unto strangers such of the laity as take no notice of his proceedings these things are hidden and obscure yet the Priests of the Hierarchy who have summered and wintered him now these ten yeares doe feelingly understand the drice of his designes Neither in any thing doth he more service unto the Regular orders then to make these embroylements in the conferring of pastorships For first by these anticipate promises of one parish unto many none suspicious of any promise made unto other then himselfe our prelate observes which of them is most serviceable and dutifull unto his Friars which of them is the best benefactor with their friends to him his order which of them is likest to prove â Iohannes ad oppositum to the rest of his owne body and to prove the most factious against the Clergy in siding with the Friars on whom henceforward he is to have his whole dependance Secondly by this precollation of benefices unto many sede nondum vacante the Ordinary finds which of them is like to prove the most gratious unto the parishioners and which of them is the most like to draw the good liking love and affection of the laity unto him For that priest shall be assured notwithstanding all his golden promises to goe without the parish For it is against the Friars greatnesse that any should be more pleasing unto the people then their selves Thirdly by this conferring of Cures afore-hand unto divers parties ignorant one of another It may be expected that every one of them armed with a promise from the Bishop and he happily a far off in some friary in the country when they fall voyde that these competitors may enter into some scandalous contestation one with another every one thinking himself wronged by the other an occasion which the Friars will not omit to take hold of to traduce them both in private and publicke assemblyes and for their sakes the rest of the Clergy as men seditious factious contentious covetuous especially to and before the laity and all to alienate their mindes from them like unto greedy millers every one striving to draw the grise unto their owne mills notwithstanding that the same Friars have beene the plotters and incentors of all those differences Lastly let it be alwayes remembred as a golden rule and the most principall maxime of their pollicy that the most insufficient pretender of any cure be the man that shall be ever preferred experience by induction of examples hath furnished us with that knowledge for a Priest whom God hath blessed with talents of learning good parts is an Aristides not fit to live in Athens but rather to be banished per ostracismum For it is concluded by our Regular Bishops that the Friars must shine amidst such blind curates Tanquam lunainter minora sidera like the moone among the lesser stars You see my Lo. I am no flatterer neither is the discontent of missing a benefice under you that makes me so plaine with you for notwithstanding that I have lived in this kingdome now very neere these twenty yeares you know neither myselfe nor any other for me did ever motion such a busines unto you And albeit I heare some have wished you to thrust a steeple into my mouth and therby to silence me yet I ingenuously confesse sooner should old Eleazarus eat swines flesh then that I would swallow the same Not but that to be a pastor of soules is an honourable vocation in Gods Church but that I am now too old to be a Friars horseboy No no let us have no new fashions in church governmeÌ„t the old is the best such as was ordained by our Saviour Let us keepe our old priests send back these swarmes of friars over unto their monasteries where they may live according unto their holy Institutes not here to vagabuÌ„dare per tabernas popinas selling their merits their prayers their penances mortifications yea not only of their own persons but of their whole orders and that under large sealed patents unto Cookes for diet to merchauts for broad cloath suits to gentlemeÌ„ for horses c. besides oppressing a poor country with such shameles begging as little differeth froÌ„ meere rapine extortion The church may subsist yea flourish without friars but not without priests as for many ages it hath done For be they white black or gray they are of a latter institute then the priests these being the successors of the Apostles the 42. disciples they of S. Francis Dominick Ignatius of a distinct hierarchy If I be a Iohn Baptist preach in the wildernesse without profit That is not my fault but the fault of them that wil not amend their faults It were more pleasing contentfull to me to come in spiritu lenitatis in the spirit of mildnesse then in the rod of correction If the subject were so disposed Let those for whose good I take all these paines both in health sicknes reforme their manners I will soone alter both my voyce stile I wish with all my heart that I had cause to say with th'Apostle If I have made you sad either by my bookes or by my Epistle it repenteth me not for that you were so made sad unto repeÌ„tance Wel to conclude all in oneword Paul may plant Apollo may water but God is he who gives the encrease to whose blessings I humbly commend these my poore endeavours my selfe my friends my persecutors From the Cell of my solitary recollection who wisheth your-Hon all-happinesse PAUL HARRIS Pr. I Heare that some of our divines if worthy that name take great exceptions unto me for calling the Catholicke Bishops of Ireland Titulary Bishops by which tearme they understand no true Bishops at all But sure if I had beene able to have put wit into their heads as well as a booke into their hands they had beene freed from that error Let them then consult with the Canon or if they have it not let them look into Bellar. de Clericis lib. 1. cap. 17. And they will finde this to be a good argument teneus tam de 〈◊〉 quaâ— de materia Hic est episcopus titularis Ergo verus even as that Hic est parochus Ergo presbiter But I am no better then my predecessours as many as have exposed themselves to publicke consures by their writings For all of us may say with Terentianus Manrus Pro captu lectoris habene sua fata libelli PAge 28. lin 2. read a thousand owo hundred pag. 29. lin 20. for cis read ea pag. 49 for Patricke read Patriarch pag. 88. lin 21. for unlike read like The sorme of a Scapular * For so they might be debarred froÌ„ Estates Legacyes and Executorships †Excuse me that in my Arcte mastix I called him George Barnwell * Lib. 1. é 9. Aâ—or lib. 8. Mor. s. 11. â— 5