CAP. I.
The first Argument against the Excommunication.

MY first Reason or Argument by which it is ma­nifest, that the aforesaid Excommunication is not onely injust, but invalid, is, for that it is grounded upon an intollerable error. But how say you is that proved? Mary as thus. A sentence published without any cause, or reason, containeth an intollerable er­ror. So Sayr [...] lib. 1. cap. 16, num. 32. Suarez dist. 4. sect. 7. num. 31. Ma [...]uale pralatorum art. 13. Conclus. 1. Alterius lib. 3. disput. [...]. cap. 1. Bonacina tom. 1. de Censuris disput. 1. q. 1. puncto 10. num, 9. Reginaldus lib. 9 num. 106. and so commonly.

But such is the aforesaid Censure published without cause or reason, as shall be proved.

Ergo, it containes an intollerable error.

Now for the Minor of this Syllogisme; namely, That the precedent Censure was published without cause or reason, I thus declare. The cause of the Censure layde downe, as ap­peareth by the Tenor thereof, is the insolencie and obstinate disobedience of the two aforenamed Priests, & that without hope of amendment, to the great disedification of his flock.

To which it is answered by the aforesaid venerable Priests in this their Apology or defence. That this cause was never proved against them, & therefore is no cause at all, by that rule of the law, Causa non probam, non est causa, A cause not proved, is no cause. 24. q. 3. de Illicita. and is manifest by the light of reason. For they alledge that to this day they have [Page 4] never bin accused, much lesse convicted of any such disobe­dience or obstinacy. Nay they say further, That as yet they never were cited before their Ordinary, to answer any mat­ter of disobedience in all their lives whatsoever. Now then forsomuuch as the Canon it selfe tells us, Quod publicum ju­dicium est institutum, ut innocentia protegatur, & culpa puniatur 2. q. 1. That publique Iudgments are therefore ordained, that Innocencie may be protected, & faults punish [...]d. And our wise Law-givers observing, that this end and scope of the law could not otherwise be attained, but by citing & calling to their answer, the parties supposed to be delinqu [...]nt, & ad­mitti [...]g them to their defence. Therefore was it ordained by the Canons & lawes of holy Church, that even in sum­mary & most compendious p [...]oceedings, in which all sole­mnity of law may be pretermitted, yet no Bishop or Prelate should presume to sentence any of their subjects. These or ei­ther of these two maine pillars of all legall & juridical pro­ceeding being neglected; namely, Citation & Conviction, as is above proved in the fourth Principle. And that in o­mission of both, or either of these two essentiall parts of all lawfull processe all sentence & publication of sentence fol­lowing, is to be held ipso fact, voyde, & so Invalid in law, as no appellation from such sentence shall be necessary to any other court or superiour. For saith the Canon: Quae contra legem facta [...]unt, pro infectis haberi debent. 25 q. 2. Imperiali. The things that are done contrary to law, are to be accounted as not done at all. Now then forsomuch as both these, namely Citation & Conviction, have b [...]n omitted by their Ordina­ry Thomas Flemming aliàs Barnwell, L. Archb of Dublin, and Friar of the Order of S. Francis. Tho setwo reverend Priests doe alledge, that the sentence of Excommunication follow­ing & fulminated against the Inhabitants of this Diocesse, for hearing their Masses, is utterly voyde. For which so great a wrong both to Priest & People, satisfactio [...] of honour and dammages, in all law & conscience is due, they being in pos­session of a good name, of which they are not to be depri­ved, [Page 5] till the contrary 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 [Page 6] 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 [Page 7] 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 [Page 8] 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 [Page 9] 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 [Page 10] 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. [Page 11] 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 this kingdome cannot observe any le­gall or canonicall processe or course of Iudge­ment with their subjects, and therefore are constrayned to proceed as they may. And that albeit they neither call the Defendant unto his answere, nor admit of any proofe of cause by witnesse against them, they are to be borne with­all: Necessitas non habet legem, Necessity knowes no law, &c.

To which first I answere, That if the Catholicke Prelats either have way by permission of the state, or take unto themselves so much boldnesse, as to publish their sentences of Excommunication in their Chappels and Oratories after Masse, as well by such Parish Priests, as are placed in the Cit­tyes and suburbes, as also by the Friars of so many Orders. Than say I, How can they be excused in the pretermission of ilegall proceeding in that former part of Iustice, going before sentence. Namely calling the parties unto their an­swer, examination of their causes, admitting of proofe pro & contra. For so much as all this may be performed with much more privacy then the publication of sentence can be. The Cano is of holy Church requiring no greater a num­ber even in their most publicke and solemne proceedings in court, then these 4. sorts of persons: 1. The Iudge 2. The Plaintiffe: 3. The Defendant: and 4^ly the Witnesses: all which neede not to be abo [...]e five or sixe persons at the most. That Prelate then who can be so bold as to command his sentence of Excommunication to be published in the hearing of so many hundreds, yea of thousands, as my Lord Archbishop Thomas Flemming, alias Barnwell hathdone, yea and from [Page 13] time to time 1. published the same sentence, lest it should grow stale, and out of request How can he in reason pre­tend any feare of persecution in granting a legall course of proceeding, in which the presence of so few (as hath beene said) is necessary. And therefore to doe the one, and to omit the other, is but to sleight Iustice, and to oppresse the Inno­cent. And so much for the first answer.

My second answer is, That in case the times be such, & the persecution so great, as that those essentiall parts of all legall proceeding must of necessity be pretermitted, (I meane Convention of the parties, & Conviction by due proofe:) I say then with that common Maxime of the law, Better an Inconvenience, then a Mischiefe; & in such case all sentence of punishment, publication, and execution doth likewise cease, and the guilty is rather to passe unpunished in this world, then the very systema of all Tribunalls to be ruinated, & Iustice deposed from her Throne; for then it seemes to be a case of a common calamity & an inevitable necessity, put­ting silence unto all lawes, & better the Nocent be spared, then the Innocent punished.

But see, & note (gentle Reader) what use of the times, & what an excellent advantage the Ordinary makes unto him­self to compasse his own ends (I say, by fishing in these trou­bled waters.) For whereas in France, Spaine, Italy, and those Countreyes where the spirituall sword hath his free stroke in all Tribunalls (supported & maintained so often as is ne­cessary with the ayde & assistance of the secular arme,) yet all forme of due Iustice is punctually observed. Id enim pos­sumus, quod justè possumus; for that only can we doe (saith the Law) which we may justly doe. But here in this Diocese, all must be presumed for the Ordinary, because we live in a mixt people, neere unto the State & Magistrate of an other profession in Religion from us, no juridicall proceeding must be held necessary, but that our Ecclesiasticall Iudge may lay about him at his pleasure, in his censures & punishments of his subjects, without calling the parties before him to [Page 14] their answer, without examination of their cause, without conviction, &c. So as what an Ordinary could not do where the Church is established, & in his full strength and vigour against the poorest Priest of his Diocese here, under pretence of a persecution, and obstacle of a free course of Iustice, he shall most easily effect (I say) under the name & cloake of persecution, more freely himself to persecute, as at this pre­sent, & for some yeares past, the Clergy of this Diocesse hath both seene & felt, having endured a more bitter persecuti­on from this their Bishop & his Friars, then from the tem­porall Magistrate, though divided from them in matter of Religion.

Adde hereunto a second advantage also, that this Archbi­shop of Dublin makes of these times by a seeming and a pleasing correspondency which he keepes (as he imagins himselfe) with the State. For he being a Friar, & seeking by all meanes to suppresse the Clergy, and to bring all into the hands of the Regulars, I meane the Monks & Friars, as well Franciscans, Capuchins, Dominicans, Augustines, Carmelits, & Iesuits, (For scarce are there so many Priests of the Clergy left in all this Citty, as there be Orders of Regulars therein at this day.) And knowing that they of a contrary professi­on, can well endure that Priests either in their persons, or in their maintenance & lively hood should be straitned & sup­pressed. And knowing also that it will not discontent the Protestane Magistrate to have the people forbidden to heare the Masses of Priests. He upon these presumptions, suppor­ted by the Counce [...]l of his Fryars, who are of more strength in this Citty then men would imagine) is animated to pur­sue such designes as of late he hath undertaken, knowing that the lower the ballance of the Clergy descends, the high­er are the Fryars advanced, & by driving of the people from the Clergy, the more of necessity must they & wild they de­pend on the Friars. But this wisedome (doubtlesse) is not spirituall, but carnall; not from above, but earthly; savouring not of the Holy Ghost, but of ambition, of temporal means, [Page 15] and of the belly. And so being a Councell, not of God, will come to nothing, though for a time (by never so strong a faction) supported.

A second defence of the Archbishops proceedings, is this, & which by our Friars is much put on foot, especially a­mong the common people: That the Bishop is to be obeyed in all things, yea in right & wrong, as some teach: And shall the foot judge the head? the subject the Magistrat? the sheep the Prelate? &c.

To the first part of this popular argument so much insi­sted upon, I answer, that if it be spoken merrily, it may passe for a jest; but if seriously, it is flat heresie; namely, that [...] Bishop in right and wrong is to be obeyed.

For the second part, which thorough the perswasion of the Friars, is in every old wifes mouth; & the second word of every Artisan & Tradesman, That the sheep are not to ex­amine or question the sentence of their Pre [...]ate: the subject of the Magistrate. I answer, that albeit indeed the Inferiour can not reverse or correct the judgment of his Superiour, & much lesse may he punish him for the same (because he hath no jurisdiction or power over him.) Yet by the Friars good leave, the Inferiour may examine, may question & discusse the judgment & sentence of his Superiour, both in his own & other mens cases: yea & if the Inferiour, or Subject, doe finde either by his owne learning, or by help of such as are seen in the knowledge & profession of the Lawes, that a sub­ordinat Prelat, such as be all Archbishops & Bishops (who are as equally subject to the Canons, as the poorest Priest) have not proceeded according to the lawes of holy Church, the Constitutions of the See Apostolick, the Decrees of ge­nerall Councels, the sacred Canons received, & of force in all Tribunals, but that such Iudges, whether Archbishops or Bi­shops have gone astray, contrary to the rules prescribed by the above-mentioned Legislatours, all which are their supe­riours in jurisdiction, & as farre above them in power & au­thority, as the common people are inferiour unto their im­mediat [Page 16] Prelats & Pastours. It is plaine, that in such case nei­ther Priest nor People, is bound either in law or conscience to obey any such Archbishop, or Bishop, or their sentence, not grounded & founded on that law, according to which they precisely were bound to judge. For saith B. Aug. Ser. 6. de Verbis Domini. Ʋbi duo superiores mandant opposita, Inferio­ri non est obediendum; where two Superiours command op­posite things, the Inferiour is not to be obeyed. And S. Gre­gory Pope: Imperiali constitutione sancitum est, ut ea quae con­tra l [...]ges fiunt, non solùm inutilia, sed etiam pro insectis habenda si [...]t: It is enacted by Imperiall constitution, that the things which are done against law, are not only unprofitable, but to be esteemed as not done at all. Gregor. in Regesto, lib. 7. Epist. 7. and inserted in the Canon, 25. q. 2. Imperiali.

How idlely then, or rather ignorantly, or rather malici­ously doe our Friars teach the people, & that as confidently, as if it were a point of their Catechisme, that none may ex­amine the doctrine of the Archbishop, or his sentences, as if he were a god, who neither could erre in judgment, or sin in will, when as the law saith plainly, Non debet is poenam susti­nere canonicam, in cujus damnatione non est prolata sententia ca­nonica, 11. q. 3. He ought not to suffer a canonicall punish­ment, in whose condemnation a canonicall sentence is not pronounced: plainly thereby supposing that the Prelat may abuse the Keyes, & erre in his censures. And the glosse upon the same cap. saith, Si ergo constet tibi, quod sententia Iudicis est iniqua, potes Iudicis violentis resistere. If it appeareth unto thee, that the sentence of the Iudge be unjust, thou art not bound to obey his violence. Which is also confirmed Extra de Appellationibus cap. Significaverunt. And the Angelicall Doctour S. Thomas, whose authority is such, as it is confes­sed, yea confirmed by the gravest judgment in the Church of God, that he never taught any error in Divinity, hath this Conclusion, 2. 2. q. 104. art. 5. Subditi in ijs rantummodo superi­oribus suio obedire tenentur, in quibus ipsi suis superioribus subij­ciuntur, & in quibus ipsi superiores sublimioris potestatis prae­cepto [Page 17] non adversantur: Inferiours in such things alone are bound to obey their Superiours, in which they are subject unto their Superiors, & wherein those their Supe [...]iours go not against the precept and commaund of a power higher then is theirs. And in the corps of the aforesaid Conclusion, he [...]lustrateth the same doctrine out of S. Aug. ser. 6. de ver­bis Domini, by example of the Captain, the Proco [...], the Generall, and God. Where neither the Captaine against the command of the proco [...]sull, nor the Proconsull against the Precept of the Generall, nor the Generall against the com­mand of God is to be obeyed by the Subje [...]t. Infinite are the Authors both ancient & moderne, which might in this case be produced, if it were necessary. But how can it be necessa­ry so to doe, when Experience teacheth us, & we see dayly before our eyes in all Tribunals, as well Ecclesiast: call as Ci­vill, sentences upon better consideration, at the instance and motions of the partyes & their learned Councell somtimes reexamined, somtimes reversed, sometimes appealed from to higher Tribunals, and there corrected. For it fareth not in Christian Common-wealth, & much lesse in the Church of God, which is ruled by just & wholsome lawes, as it doth a­mong Turks & Insidels, barbarous & brutish nations, where there is no other law but the will, or rather the appetite of the Commander. And I would aske our Friars, growne so violent & imperious, rather through their multitu [...]e then their learning; To what end doth the law allow Appelles from the [...]entence of Inferiour Iudges, whether they be Ec­clesiasticall, or Civill, unto the supreme, in case it were not lawfull for the partyes sentenced, to examine their sentence according unto the rules of law, whether being justly con­demned, they should so rest thēselves contented; or finding it otherwise to seek their remedy? I would also aske our Friars, in case Iudges & Magistrates could not erre, to what end Almighty God so often, & so seriously should exhort all Iudges, Magistrates, & Rulers of the people, to the admini­stration of Iustice, & not to look after rewards, but to ten­der [Page 18] the case of the Widow, Stranger, & Orphan, menacing so many heavy threats & curses upon the heads of such as pervert Iudgment: Vae qui dicitis malum, bonum; ponentes te­uebras lucem, & lucem tenebras: Vae qui justificatis impium pro muneribus, & justitiam justi aufertis ab eo. Esay 5. Woe be to you who call evill, good; placing darknes light, and light darknes. Woe be to you who justifie the wicked for re­wards, and rob the just man of his Iustice.

I would also demaund of our Friars, To what purpose are so many bookes of the Canon, Civill, Common, and Statute Law written? wherefore so many Studies, and Colledges of the lawes founded and erected, witnesse Paris, Orleance, Bo [...]ognia, Padua, Salamanca, and our Innes of Court of Lon­don, and thorough all Christian Common wealthes, but to teach both Iudge, Advocate & Client, rectum discernere ini­quo, to distinguish betwixt right and wrong: that Church or Commonwealth ever best governed, where the fewest cases are left unto the brest of the Iudge, alwayes preferring the silent before the speaking law, as lesse subject to errour and corruption.

Let then our Fryars cease henceforward to teach that bar­barous doctrine ambulantem in tenebris: I say, that corner, or rather taverne doctrine, which every Tradesman, Kitchen­maide, and three-footed old trot, have hourely in their mouthes, rammed into their heads by their false teachers: That the Bishop is to be obeyed in right and wrong, & that no inferiour unto him may examine or call in question his Censures, Decrees, or Iudgments, but rather let them learne that better lesson of the Orator, Amor, & odium, & 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.

[Page 19] 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.

[Page 20] 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 [Page 21] 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 [Page 22] 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 such pernicious doctrine. But of this point, if God spare me life, these seducers shall heare more from me ere long.

CAP. IIII.
A third Argument against the Excommunication.

NOW then having answered unto such poore shifts & silly excuses as the Cordiliers, & the rest of the Friars make for the Ordinary. I will pro­ceed to a third Argument or Reason, disabling the aforesaid censure of Excommunication: as thus.

Such a fault as could not have beene forbidden unto the Priests, as principalls under paine of Excommunication, much lesse could have bin inhibited the people, as accessary and participating with them in the same fault, under paine of Excommunication. But

Disobedience could not have beene forbidden the Priests themselves under paine of Excommunication.

Ergo, neither unto the people.

The Major of this Syllogisme, is that rule of the law, Regu­la 42. Accessorium sequitur nat [...]ram principalis; The Accesso­ry followes the nature of the principall. To make it famili­ar by an example, of which every one may be capable. If an Vs [...]rer be not punishable by the law, neither then the Broa­ker, or the Clarke that drawes the Bonds of the usurarious contract or bargaine.

As for the Minor, That Disobedience it selfe could not have beene forbidden the Priests under any censure, is mani­fest [Page 23] by this. First (as hath bin often said,) That Disobedi­ence is a generall vice, spreading it self into many branches, as a river dividing his streames into many brookes, And se­condly, for that Disobedience may fall upon a matter so light and triviall, as will not beare the burden of so great a censure. For let me aske our Scotists, Whether the Archbi­shop can inhibit & forbid the Inhabitants of his Diocesse, under paine of Excommunication, never to commit any sin. The thing is so manifest, that he can not, as till it be affirmed that he may. It will spare any further discourse about it. It remaineth then, that forsomuch as the people could not be excommunicated for the Priests disobedience, it must neces­sarily follow, That the Excommunication falls upon them only for being present at their Masses: which how well it sorts with my Lord Archb. profession to inflict, I leave to consideration.

CAP. V.
A fourth Argument against the Excommunication.

MY fourth reason manifesting not only the Inju­stice, but the Nullity & Invalidity of the afore­said Excommunication awarded against the Laytie, in the case of hearing those two R. Priests their Masses, shall be this, which for brevities sake, I will conclude in this Syllogisme.

An Excommunication inflicted for a vertuous act, con­taines an intollerable errour, & so by the second principle is most injust and invalid.

But to be present at the administration of Sacraments by Priests, who are free of all canonicall censures, is a vertuous action.

Therefore an Excommunication fulminated against such as be present thereat, is not onely voyde of force, but also wicked.

[Page 24] For declaration of the Minor, it is to be understood, That so long as the Priests are uncensured, they are supposed by the Church as men allowed, to whom all may have accesse in the administration of the Sacraments. For when the Church holdes it not safe for the people to communicate with their Priests, or Pastours, whether Bishops, or Curates, or any other who have lawfull ordination, & jurisdiction, It beginnes (as is most reasonable) first with the head, to cure the maladyes & diseases thereof, with the medicinable bal­samon of the Censures. (For the Censures of holy Church ought to be medicinable, & not vindicative, used for neces­sity, & serviceable to true Piety, & not to sinister ends. 2. q. 1, multi. 34. q. 3.) So as if the Pastor or Priest be not suspen­ded, be not excommunicated, be not interdicted, nor the same published unto the people, together with the particu­lar cause of such censure, in the sentence of the Prelat expres­sed, & mentioned. It is to be understood, that by the Church he is tollerated, neither can the people be censured for parti­cipating with him, either in divine, or civill actions. I say, so long as himself is not censured: For to illustrate this by a familiar example. Tell me, would it not be thought a strange reckning, If the Magistrat did forbid under some heavy fine, that none should frequent the shop, or buy & sell, with such a Merchant in the High-street, the said Merchant neither pu­nished, or punishable for any delict, or fault committed. I now it would be so held. Now (gentle Reader) if [...]houper­use the Censure of the Archbishop, see down in the begin­ning of this Treatise, you shall find no censure at all inflicted upon the Priests, so as they (for any impediment unto the contrary) may lawfully say Masse: And yet the people under pain of Excommunication may not be present at the [...]ame: This Logick I understand not, but I wot well what S. Gre­gory hath in his 27. Hom. Ipse ligandi atque folvendi potestate se privat qui hanc pro suis voluntatibus, & non pro subditorum juribus exercet. He deprives himselfe of the power of bin­ding and loosing, who exerciseth the same at his owne [Page 25] pleasure, and not according unto the Lawes of the sub­ject.

CAP. VI.
A [...]ift Argument against the Excommunication.

MY [...]ift and last reason proving the Nullity & Invalidity of the aforesaid Censure, (which also may be gathered out of what hath beene before noted in the precedent Chapters) is this:

That none can be punished with the spirituall sword of Excommunication for the sin of another, not partaking in the same sin himself. And although this be manifest by the light of reason, as also by faith; yet I will not spare to adde the consent of Writers the reunto, as also of the Canon. So Ʋgolinus de Censur. tab. 1. cap. 17. §. 8. num. 6. cap. per tuas. de sentent. Exc [...]. cap. solet, & cap. de venerabilibus §. penult. [...]odem titul [...] in Sexto. And it hath the consent of all Doctors, wher­fore in this case I will say unto my Prelat, as David said un­to Almighty God, in the temporall punishment of his sub­jects by pestilence. 2. Reg. 24. Isti qui oves sunt quid fecerunt? These sheep what have they done? Let thy hand (I pray thee) be turned against my selfe, &c. If the Priests have of­fended, let them in the name of God be punished, but what hath the innocent people committed, that they should be censured, either for the Priests true, or supposed offences. Sure if that great Doctour of the Church S. Gregory may be judge, his sentence will be for the people against our Prelat. For these are his words: Non debet is poenam sustinere canoni­cam, in cujus damnationem non est canonica prolam sententia, II q. 3. That party ought not to suffer a canonicall punishment, in whose condemnation no canonicall sentence hath beene pronounced.

And thus (good Reader) having (I doubt not) convinced [Page 26] thy conscience of the Nullity & impiety of this Censure, I will proceed (Godwilling) one step forward. And as hi­therto I have proved, that no obedience is due thereunto: so I will undertake (by Gods assistance) to shew, and upon good grounds, that in all conscience it ought to be disobey­ed: And that whosoever yeeldeth obedience unto the same (if he be not excused by invincible ignorance) doth not on­ly sin mortally, but also continues in sin, so long as in obedi­ence thereunto, he refuseth to heare the Masses of the afore­said Priests.

CAP. VII.
Wherein it is proved, That none in Conscience may obey the aforesaid Excommunication.

THus then I argue; Defamation or the taking away of a mans good name, is a mortall sin. So S. Thomas 2. 2. q, 73. 1. & all Divines. Yea & so much is that defamation or detracti­on greater, & more grievous, by how much it is more materiall, & the partyres against whom more honorable. And it is to be understood, That de­famation or detraction is not only verball, but also mentall and reall, that is, not only in word, but in thought also, and in fact. And because every thing is made more familiar by ex­amples; I put the case, that my self, as also the whole neigh­bourhood, hath understood of some scandalous sinne of one of our old friends and familiar acquaintance, whom wee held, albeit a poore, yet an honest, & a very pious man, wher­upon we with-draw our good opinions from him, our wonted conversation, our familiarity, and such benefites as from time to time we were wonted to bestow upon him, and still would have continued, if we had not heard such e­vils of him: well, it appeares unto us not long after, that the party was wronged, and free from all such vice & wic­kednesse, [Page 27] as he was charged withall, and so as in consci­ence we are assured of his innocencie; yet notwithstanding we beare ourselves towards him, as formerly we did, when we believed those evils of him, to his great discomfort, to his discountenance in the world, and in fyne to his great shame, & infamy: I say in this case we all sinne mortally, and the blacke sinne of Detraction, if not in thought, and in word, yet (which is as bad as the rest) really & indeed. So I say, these two R. Priests, so often mentioned, were charged by their Ordinary with disobedience, with continuall inso­lency, &c. All this is manifested to be a malicious slander, notwithstanding are the people forbidden to be present at their Masses, & the same under paine of Excommunication. One Fryar sayes, the Censure ought to be obeyed: Another sayes at least, it is the safest way. I say, they both erre, & lead into errour. For the safest way is, not to defame my brother, or to obscure his good name, nor yet to joyne and concurre with such as do detract & with-draw from his just honour, and that especially in persons of so eminent a ranke in the Church, as are anointed Priests, by which meanes their mi­nistery is lesse respected, and themselves disinabled to walke in that vocation to which they are called.

And first the Bishop who gave so impious a sentence, & next the Friar, who gadding from house to house, seekes to perswade the same, are guilty of most horride sin, and as the Apostle calls it, blasphemy. And as well the one as the other obliged to satisfaction unto the Innocent so wronged, as al­so unto the Church of God. In the meane time let both Priest & people comfort themselves in that sweet blessing, pronounced by the month of our Saviour, Mat. 5. Beati est is cùm maledixerint vobis, &c. Blessed are you when men shall revile you, & shall persecute you, & shall speake all evill of you lying for my sake: Be glad & rejoyce, for great is your reward in heaven, for so did they persecute the Prophets who were before you. And forsomuch as it is the counsell of our sweet Saviour, to love our enemyes, to doe good to [Page 28] them that hate us, & to pray for them that persecute us. It wilbe a worke of mercy, & not (I trust) misbecomming me, to give a parcell of good counsell & advice unto my Prelat; & if with the Prophet Nathan, by setting his fault before his face, I convert him into a penitent David, he to the spi­rituall comfort of his soule, shall be reclaymed, and I to my great consolation, reape the fruit of my labours.

O then, say I, if the Archbishop of Dublin, would but con­sider with himselfe, & set before his eyes, the practise of the ancient Prelats of Gods Church, with what leaden pases they descended unto censures, never making use thereof, but in remedilesse occasions, where no admonition, no exhor­tation, no patience, no longanimity would prevayle. As if they had said with the Poët.

All courses are first to be taken with the myst icallmem­bers of Christs body, with the children of the Church. But that part (I confesse) which admits no cure, must be separa­ted from his fellowes. The ancient Bishops did never ful­minate their censures for triviall and light occasions, and much lesse for causes not manifest, and well proved.

Alas then, shall we thinke that this glorious S^t, sometime Bishop of Hippo in Affrick, S. Augustin, brought with him his censures & his sentences in his pocket, as Th [...]. Flemming, aliàs Barnwell, Archbishop of Dublin useth & then to send for a Priest against whom he desireth to have a cause. And when he findes his opportunity, drawes out his sentence of suspension from his pocket, as he did against that R. Priest, Fa. Patricke Cahil, suspending him from all priestly functi­on, & the same so causelesly & so inconsequently, as he offe­red at the same time, to give him under his hand, a testimony of his learning and good life, yea and hath often, and to di­verse averred that he was both an honest and a learned man, which many of the. Inhabitants of this Citty, and Diocesse, can, and doe witnesse.

Neither doe I thinke S. Ambr [...]se Archbishop of Millan, came ever provided with his pocket censures of suspension, as our Archbishop of Dublin, Tho. Flemming, aliàs Barnwell did, when sending for Doctor, Peter Cadell, as to entreate with him, (as he pretended) upon some occasion of busi­nesse, when he saw his time, puld out of his breeches a writ­ten sentence of a suspension, reading the same against him. [Page 30] A man of whom malice it selfe cannot finde what to speake amisse. And for no other cause, but that he refused to bee banished out of his diocesse by him, whilst the Archbishop himselfe confessed that he had no cause against him, but onely that he had no use of him. And the good gentleman thinking it most unreasonable, & inhumane, to be putfi [...]om his friends, his small meanes, and those few Benefactors, which by his honest endeavours he had acquired. As especially making a great scruple to obey such a majesticall & more then Regall Commandement of Exile, (desiring as alwayes to be found faithfull to God, so also a loyall subject unto his King) refu­sed to obey that Banishment.

Neither yet (I trow) did ever S. Iohn Chrysostome, Arch­bishop of Constantinople, menace the Censure of Suspensi­on in such a case, as Tho. Flemming aliàs Barnwell, L. Archb. of Dublin did unto Fa. Luke Rochfort of blessed memory, for not resending a letter back again unto him. which for­merly he had sent him, witnesse Fa. Patrieke Brangan, and William Browne Priests, & at this day living in Dublin, who were messengers both of the letter, and of the threatned su­spension.

Neither yet I wot well, S. Basill Bishop of Cesarea, whe [...] a Priest came to complaine of any wrong done him, did ever intreat him so irreligiously, as the aforesaid L. Archb. of Du­blin did Paul Harris Priest, the 18. day of Iuly 1631. in Du­blin. (himselfe may well remember the place) after he had made such a complaint unto him of his Friars, as he was un­willing to heare: for redresse of whose wrongs, he only had these words from his lippes: I will excommunicate you if you come any more in my presence. A very sufficient cause (no doubt) of Excommunication, to come into a Bishops presence.

But truely as in the world, a wise and a discreet man will not upon every occasion have his hand upon his dagger, ready to lay about him, Much lesse becomes it a Prelat of the Church, for every triviall, & much lesse for only framed and [Page 31] devised matters, to draw out the spirituall sword of his cen­sures, but rather let them remember, that they are placed o­ver us, as S. Peter tells them, 1. Pet. 5. 3. Non ut dominantes in Cleris, sed ut forma facti gregis ex animo; Not as lording it, & domineering over the Clergy, but rather to be an example of all good conversation unto their flock. To which purpose S. Hierom in his Epistle ad Nepotianum. Episcopi sacerdot et sciant se esse, non dominos, honorent clericos quafi clericos, ut ipsis Episcopis à clericis quasi Episcopis honor deferatur. Scitum est il­l [...]d Oratoris Domitij. Cur ergo inquit te habeam ut principem, cùm tu me non habeas ut Senatorem? Let the Bishops know themselves to be Priests, and no Lords; Let them honour Clergy-men, as Clergy-men, that they againe may give ho­nour unto Bishops as Bishops. For elegant is that saying of the Oratour Domitius; Wherefore should I regard thee as a Prince, when thou dost not use me as a Senatour? Like unto which is that of the Councell of Trent, Sess. 13. cap. 1. If then our Peter hath drawne out his sword rashly, and without cause: let Peter a Gods name put up his sword againe, as our Saviour adviseth him, saying: Converte gladium tuum in va­ginam, Put up thy sword into his scabberd: That it be not said by lawfull authority another day to such as abuse their swords, as our Saviour said unto Peter: Qui acceperit gladi­um, gladio peribit: He that smiteth with the sword, shall pe­rish by the sword. And so much of the Reasons or Argu­ments, by which is manifested the Injustice and Invalidity of the Archbishop his Excommunication.

Yet that no diligence or meanes might be neglected on our parts, to reclay me (if it were possible) our Ordinary from those violent proceedings against the Inhabitants of his Diocesse: M^r D^r Cadell in my absence (thogh not with­out my consent) did draw this Petition following, which was exhibited unto him in a meeting of Priests, by the hands of that R. & learned Clergy-man, Iames Talb [...]t D^r of Divi­nity, ait what time the aforesaid Archbish. had made a most bitter invective Oration unto that assembly, against D^r Ca­dell [Page 32] & my selfe, to the end he might make us as odious unto them, as we are displeasing unto himselfe. But understand (good Reader) that all our Ordinaryes invectives, as all his Friars detractions & obmurmurations against us, are ever in our absence, when as we are farre enough off from hearing or answering them. Such was the Oration of Caesar the Di­ctator in the Senat-house; against Cneius Pompeius, to pre­cure him the envy & hatred of the people, the famous Pom­pey being at that time many leagues from Rome: And such was the insinuation of Haman, in the eares of the great As­suerus, against Mardoche [...]s & his people, Esther 2. when there was none in place to answer for them. But now to the Pe­tition.

Iudge (gentle Reader) whether this Petition had not bin enough to have mollified the heart of a Pharaoh, to have freed the children of Israel from the Aegyptian servitude, & permit them to passe over th [...] red sea, into the land of Pro­mise? And might not the same have prevayled (think you) with a loving, religious & a carefull Pastor, to have released his Subjects from the bonds & captivity of so injust an Ex­communication? But what answer had we of this Petition? truly an Answer answerlesse; for to this day we never recei­ved any.

Well, for my part, I will not say of my Pastour (for the re­spect I owe him) as Moses said of Pharaoh, Induratum est cor Pharaonis, Pharaoh his heart is hardned. But surely I will say, Non vult dimittere populum ut sacrificent in desert [...]: He will not let the people goe to sacrifice in the wildernesse with Moses & Aaron. Yet as I doubt not but our Ordinary did foresee what errours he was to commit even from the very first entrance into this busines, (though over-ruled partly [Page 34] by his own passion, & partly by the continuall sollicitation of his Friars) he gave way thereunto. So I doubt not also, but by this time he hath a desire (especially since the successe was no better) by correcting of his mistakes, to bring mat­ters into joynt againe. One great impediment I feare will be in his way, which is the restitution of honor & fame, which I tell you is a block that lyes before many in the path that leades unto salvation. For albeit (I confesse) it goes much a­gainst the haire to make restitution in temporall goods, in which a man hath damuified his neighbour; yet have we in the Old Testament a Tobias chap, 2. who commaunded the same to be done: & in the New a Zacheus, Luke 19: who performed it himselfe, But in restitution of honour & fame, our proud corrupt natures have such an aversion to humble our selves unto our equalls, & much more to our Inferiours: I say in acknowledging a wrong & an injury done by us, un­to them, & above all when the same requires a publicity, ac­cording to the circumstances of place and persons in & be­fore whom the same was committed, as it requires more then an Heroicall vertue, to overcome so great a difficultyt & I know not, whether in all the Scriptures we have an ex­ample thereof, as we had of the former: only I may say with S. Augustine, as well in the one case as in the other: Non di­ [...]ittitur peccatum, nisi restitnatur ablatum. The sin is not re­mitted, unlesse what is wrongfully taken away be restored, Aug. tom. 2. Epist. 54. And it is a Conclusion with S. Thom. Restituere quod injustè [...]blatum est, est de necessitate salutis: It is of necessity unto salvation, to restore back what is injustly taken away. 2. 2. q. 62. art, 2. In which place (most learnedly as alwayes) he sheweth how a mans honour, fame and good name, may injustly be taken away two manner of wayes, First in accusing our neighbour, or reporting of him a crime which is false, & then are we bound to restitution, acknow­ledging our selves to have wronged him, in speaking of him what was untrue. Secondly, in manifesting his secret & un­knowne faults, not having respect unto the due course of [Page 35] law & justice. In which case also restitution is to be made, (yet without a lye) as in confessing we have defamed Titius injustly, or have wronged him in his good name & reputati­on. So S. Tho. & in these doctrines all divines agree with him.

Onely good Reader, give me leave further to inlarge my selfe, as touching the difficulty that all of us doe ordinarily finde in this kinde of restitution, I meane of fame, more then of any other. To which purpose I will relate unto you a short History, & I beleeve neither unprofitable, nor unplea­sant, which I finde in an old booke, & indeed so old, as it was printed above one hundred & fifty yeeres agoe. Albeit for a writer to be of that antiquity, is nothing. And this my booke so ancient as appeares by the date of the impression, as well also may witnesse the old Character, & the excellen­cie of the Paper, is in a farre bigger volume, then ever I yet beheld booke, & it hath hitherto had so good a fate (of which also I am right glad) that it hath escaped the Indian leafe, the greatest enemy that this day I know, to the leaves of many a good booke, I say in this our reumatique & spit­ting age: for it neither wanteth the first nor the last pages, or any else thorough the whole volume. The name of it is Correctorium Vitiorum, but the Author it seemes, meant not to favour us so much, as to give us his name, for in stead thereof, he is onely yelepped. Fabri lignarij filius: The Sonne of the Carpenter, belike his father was free of S. Iosephs trade, but to our Story.

This Author writing upon that commandement which S. Augustine accounts to be the 7. but S. Hierome the 6. Non furtum facies. Thou shalt not steale. Tells us of a certaine Priest, who had a penitent, & this penitent he was an arrant theefe, but not of money or goods, but of honour and fame, among other of his sinnes acknowledging at the feet of his ghostly father, that he had wronged a noble Gentleman in his name, & in his reputation, & that very grievously before many witnesses. The Priest his ghostly father tells him he is [Page 36] damned. He answers that he is very sorry, & were it to doe againe, he would not for the world commit the like fact. His Confessour tells him, he is damned. O sayth the peni­tent, good father have compassion on me, you see my teares & my unfained sorrow & contrition of heart for my offence. Goe thy wayes, saith the Priest, for thou art damned. O fa­ther of my soule, saith the penitent, I come hither to seeke comfort in the Sacrament, having beene alwayes taught ne­ver to dispayre of Gods mercy, for what sin or offence soe­ver: And for my part, I am willing to accept of what pe­nance shall be enjoyned me, though it were to goe on pil­griinage to Rome or Compostella. Well then saith his ghost­ly father, my child, If thou wilt be saved, goe thy wayes nei­ther to Rome nor to Compostella, but unto the very same par­ty whom thou hast so slandered, seeke out all those persons who at that time were present, when thou didst him that shame & affront, and there before them all upon thy knees confesse thy fault, & humbly aske him forgivenesse, & having so done, returne hither to me againe, & I will give thee ab­solution. And shall I, that am a Gentleman, a man of note, & a commander in my country, so abase, & disgrace my selfe, I will first be damned. Why, sayth the Priest, & did not I tell thee so much before, and yet I could not make thee to be­leeve me? So farre my old booke. And how farre this may concerne my L. Archbishop, let him consider of it, when he reades this Chapter.

CAP. VIII.
How all our Archbishops endeavours, are, to suplant the Cler­gie, and to plant the Fryars in their places.

NOw it is a matter worthy our pond [...]ration to consider upon what grounds the Archbishop presumes to doe all these things so lawlesly, and yet with such confidence, as if no impediment [Page 37] could be given to these his proceedings. And this is a point which breedes great admiration in many, not onely Catho­lickes, but Protestants also; yea it seemes to be a mystery, of which no reason can be assigned. And so I confesse it is, yet onely unto those who looke upon our affayres as it were a farre off, & not at hand, passing by the way, & not of set pur­pose, as not desirous to trouble themselves with what doth not so neerely concerne them. But we who are the Patients of these his wrongs & injuryes, are able both to satisfie our selves & others in the premises: As having not onely obser­ved the ends he aymes at, but the meanes also which hee u­seth in the prosecution, & the compassing of his ends, which for the satisfaction of my Reader, I will set downe, and the same in fewer words then a matter of so large extent can well be handled.

First then it is to be observed, that our Anchbishop Tho. Flemming, aliàs Barnwell, was not elected at all out of the bo­dy of the Cleargy; but frō among the Regulars: (By Regulars I understand Monks & Fryars) having been for many yeares (as he also is at this day) a Fryar of the Order of S. Francis. And a [...] commonly those Prelates who are chosen from a­mong the Fryars, doe not so much consider & looke before them to what state and place they are called, namely to be heads of the Clergy, as what by long custome & education, they have beene, still looking backe unto their Order, their fellow Fryars; whose glory to advance, they hold it no small glory unto themselves. So then our Archbishop Th [...], Flem­ming, aliàs Barnwell, Fryar of the Order of S. Franch, ha­ving by the Mediation of his great friends beyond the seas: (himselfe being also of an honourable Family,) obtai­ned of his Holinesse to bee called unto the dignitie of the Archbishop of Dublin, that suit being strongly seconded by the potency and sedulity of the Fryars of his owne Order, who by all meanes seeke to effect, (as they have often done) to have Bishops made out of their Convents, accounting themselves as good as Lords of that Diocesse, whose Bishop [Page 38] is a Fryar: neither is this proper onely to the Cordiliers, but to all other Orders of Regulars: Onely the Ignatians, I confesse, are not so bent to seeke for these dignityes, at least in Europe, though we heare that in the Indyes they shoot also at that marke.

Yet this Episcopation of Fryars, especially in the See A­postolicke, is not held so convenient, and therefore by the wisedome of the Cardinals is either wholly taken away, or at least much discontinued. Forsomuch as now for these 60. yeares past, we have not had any Monke or Fryar advanced unto that seat; I say, since the dayes of Sixtus quintus, who was a conventuall Fryar of the Order of S. Francis. And the said government might very well be observed (as the best) thorough the whole Church, & would also, no doubt, if it were not for the Importunity of them, who finde that the easiest way to climbe unto that greatnesse which they so much affect. And to this purpose you may call to minde the parable of him who went at midnight to his neighbours house to borrow 3. loaves, Luke 11. But upon what necessi­ty? Forsooth because, saith he: Amicus meus venit de via ad me, & non habeo quod ponam ante illum: A friend of mine is come out of his way, & I have not what to set before him. But who is this friend who is come out his way, & wants his supper? Mary a Friar, who hungreth after a Bishopricke. For surely so often as a Friar, who hath by vow renounced all dignities, & advancements, as well spirituall, as tempo­rall, hungers after a Myter, & sends his friend to Rome to ne­gotiate for him, he is, (no doubt,) out of his right way; for it is not unknowne what path the Friar ought to keepe. The path of a more then an ordinary humility, the path of auste­rity & mortification, the path of continuall prayer & recol­lection. The path of abjection & denyall, not onely of pre­ferments & dignities, and whatsoever may be pleasing unto his senses, but even of his owne selfe, his will, his appetites, & desires, naked and without all interest and propriety of things in the world [...] [...] follow our Saviour naked upon: the [Page 39] crosse. So farre from begging of Bishoprickes at the Popes gate, as he by his rule & holy institution ought to begge a morsell of bread, & a messe of pottage at the Christian mans doore, for his present & dayly reliefe. And no doubt also, but the goodman of the house, and the head of the family would willingly be excused of his importunity, & rid of his ambi­tious demands, were it not propter improbitatem amici, by reason of the extreame importunity of his friend, this Prince, that Nobleman, this Guardian, that Provinciall, these letters, those Embassadours, & what not? yea & with great reason, & good manners also, might these unseasonable sui­ters [...]e rejected, & sent home empty handed. For the good­man who hath the loaves might say, Noli mihi molestus esse, jam ostium elausum est: Be not troublesome unto me, for now the doore is shut. The lawes & canons of holy Church: The rules of your particular institute & orders; Your own free choise & election. Your vowes of poverty and obedience in your profession, hath shut the doore upon all these your ambitious pretentions. Noli mihi molestus esse, Good Friar be contented, & get thee home unto thy Cell: Take thy Beads, & thy discipline into thy hands, & fetch out this temptati­on of a Bishoprick, that is upon thee, and leave hereafter to trouble me, thou seest the doore is shut. Et pueri mei me­cum sunt in cubili: & my children they are with me in the bed-chamber. The Clergy my most lawfull & legitimat chil­dren, to whom these dignities of right appertaine, & do be­long, mecum sunt in cubili, are with me in the chamber, of the same Ecclesiasticall Hierarchy, as the most principall mem­bers thereof, the loaves are therfore theirs, & I may not take the childrens bread & give it unto strangers. But what will you have of it? the Friar is constant in knocking, & wil have no deniall. So as at length the good old man overcome and wearyed out with an obstinate & a never ending solicitati­on, he gra [...]ts him his request: And the Friar comes home with a Miter, but not alwayes of best ability to undergo that charge, or to manage that place. For as Aristotle disputes it [Page 40] in his Politiques: Quòd [...] vir [...] est [...] civis: A good man, is not alwayes a good Common-wealths man: So hath it bin observed, not only in other Countreyes, but even in this Kingdome, that such Bishops as were made out of Monkes & Friars, commonly proved not the fittest for the pastorall charge. So as many times in [...] a Friar into a Bishop, you marre a good Friar, & yet make up no good Bi­shop. For that of Aristotle is also true, Magistrat as indicat virum: The sufficiency of a man is not so well knowne, as when he commeth to government. And this that great ob­server of the Irish conditions, in his [...], Gira [...] Ca [...]bren­sis, witnesseth in his T [...]pagraphia [...], cap. [...]9. & 30. & 31. Noting how seldome out of Monasteries came good Prelats.

Yet let no man so farre mistake me, as to imagin that I in­tend in this discourse, to disparage the office, or diminish the dignity of such Bishops, as are assumed from among the Friars. Far be from me any such thought, for we thankfully acknowledge some of them, even in this Kingdome, to be very good heads of the Clergy, & zealous of their honour; neither yet to infirnate, that for any personall defect, either of Iudgment, learning, or discretion, their sacred office and Ministery is lesse to be esteemed. Forsomuch as S. Ambrose tells me in his Pastorali, Nihil in hoc saeculo excellentius sacer­dotibus: Nihil sublimim Episcopis reperiri potest: Nothing in this world is more excellent then the Priests: Nothing more sublime then the Bishops. Yea, give me leave to illustrate this distinction of personal infirmities, & Episcopall digni­ties, by a speech proceeding from a certaine Noble-man in England, in the time of King Richard the 3. for me thinkes it reseuteth a very sound judgment. This Nobleman being sol­licited by others of his quality, to joyne with them in de­posing that King, who was held both for a Tyrant, & an V­surper, made answer, That he in no sort would concurre in a­ny such action with them. For (saith he) let him be what he will, he hath now the Crowne upon his head, and if you set [Page 41] the Crowne upon a stake or a post, I for my part will follow it. What that Nobleman said of the Crowne, the same say I of the Miter, let it be placed either on the head of a deser­ving or an or an undeserving man, I for my part will honour and obey the same, as hitherto I have everdone. Now, what o­bedience is due unto the Miter, I happily shall have occasion to speake hereafter. In the meane time after so long a di­gression, let us returne to what in the beginning of this Cha­pter I proposed, & the Reader may help himself by looking back a page or two.

So it happened, as our present Archbishop (his Predeces­sour being deceased at Rome) landed in Ireland about the yeare 1623. And scarce had he twi [...]t looked about him, but what before his arrivall was plotted twixt him & his Fry­ars beyond, he here beginne [...] to put in execution. But what say you is that? Mary a Plantation upon the Clergy, and in their places to bring in the Monks & the Friars, which about those times, as also before in great numbers, & of all Orders hither ro [...]ayoed & are now growne into such a head (main­ly strengthened by the Er [...]ciscan Archbishop) as by the weake & well neere minated Clergy, they are unresistable. Neither (when I speak of Monks and Friars) thinke that I forget the Iesuites, for them I range under t [...]e standard and colours of the Friars. Now the meanes to effect this Plantati­on wars, to make themselves strong, & the Clergy weake. To make themselves strong, was to take into their Orders by all manner of allurements and perswasions, such as may bee thought any wayes fit for their purpose: & to this end they induce Gentlemens second sonnes, as also Farmers sonnes, & Merchants Apprentices, among which they found (and still doe) a plentifull harvest. For I have heard Merchants of Du­blin complayning, that scarce could they have an Apprentice to serve out the halfe of his yeares, before he had a vocation to be a Fryar. And among those they refused not also to ad­ [...]it. Serving-men, Soldiers, Taylours, & Horse-boyes, who are now become R. Fathers, though neither learned, nor ci­vill [Page 42] men. And indeed by taking in such a multitude of rude, & licentious youthes, of all sorts and conditions, many scan­dalls have happened among them these yeares past. And no marvaile, for when such a company of unbridled colts break loose from obedience of Parents & Masters, by whom they were formerly curbed & kept in awe, and begin to taste that pleasant liquor of liberty, which under the Fryars they sud­denly injoyed, they grew very insolent & terrible, yea and many times insupportable. For their new Superiours, not willing to distaste their novices (who many times in regard of the portions & meanes they brought with them, were in­deed their Masters.) And partly for feare of loosing them, of whom for a long time they could not be well assured, as also lest by offending and discontenting of them, they should not so easily draw in others. And lastly, for that in truth such Mo­nasticall discipline (as is requisit & commanded by the rule) could not conveniently be observed in this Countrey, so many abuses on a sudden did rush [...] in among them, as it mo­ved some zealous of the common good, (true lovers of pie­ty, & vertue; & not only of the specious names & glorious titles therof) to move his Holines for a Reformation, which accordingly was effected, & a direction came downe; That no Novices should be received into any Order of Religion in these parts, where Regular discipline could not be obser­ved. But this Inhibition took as much effect with our Friars, as if it had come from me. For the manner of our Regulars in these parts is: That if any thing from the Citty be obtay­ned in their behalfe; for example, any new priviledge, or augmentation of authority, Exemption, Faculty, Indult, Grant, Dispensation, Immunity, which fals out to their con­tent, and of which themselves by long fuit have beene the procurers; O [...] it is received as an Oracle, it is published, it is proclaymed, it is urged, it is insisted upon. And what but the authority of the See Apostolicke, Obedi­ence, Obedience. But if on the contrary, by reason of my just complaint made against them by the Bishops & Preats [Page 43] of the Clergy, any restraint or limitation of their power be made, or diminutiō of their greatnes, which may but eclipse the smallest glimpse of their accustomed splendor, then shall such Apostolicall letters be viewed, & reviewed, they shall be searched, weighed, & pondered, they shall be construed, glossed, & interpreted, yea every point and iota shall be exa­mined & pryed into; if happily by any meanes they may be avoyded. But if no such flaw can be found in them, then for­sooth they were obtayned by sinister & wrong informati­on, & so subject unto obreption. or else their Generalls have not signified them, & so no reckoning to be made of them. Example where of wee have lately seene in the Bull of the Revocation of Facultyes: And now since that againe, in the Inhibition, De non admittendis Novitijs in Hibernia, I say then, since the time that our Fryars began to give their ha­bit, & to take in Probationers in the Kingdome (which be­fore in much fewer numbers were bred for them beyond seas) they are increased to such a height, as they are become not onely terrible unto the Bishops & Clergy, but whosoe­ver shall oppose them shall find of what power they are of. And this may well be understood if wee doe but observe what Inwardnesse, or rather I may call it, a kinde of Kinred & alliance they have contracted, not onely with the com­mon people, but with them also of best note and ranke, by drawing unto them this sonne, that Daughter, this brother, that sister, this uncle, that aunt, this Nephew, that Niece, this Kinsman, that Apprentice: So as they are become farie more deare & neere unto the Inhabitants, then were ever in times past, Fosters, or Gossips: So as by their owne multitudes, & this intaylemente of their Devotoes, they are now able in two houres to make the worthy est man either of our Cler­gy or. Laity (within the Citty of Dublin, or where else they reigne) as odious and hatefull unto the people, as any Male­factour whatsoever.

What shall I say of that hereditary disease of lying, which raignes among our Mendicants, by which they compasse [Page 44] their ends, & prevayle marveilously in their designments, yea & beyond all expectation. I call lying an hereditary dis­ease among Fryars: For that Thomas Walsingham, sometimes a Cistertian Monke of S. Albons, a most pious, and a learned man. & among other writers most renowned in the Chro­nicle of such English Kings whose lives he writ, observed & committed the same to posterity: That it was a good ar­gument in his dayes, in every mans mouth. Tenens tum de for [...]a, quam de matonia. Hic est frater. Ergo m [...]ndax, ficat & illud. Hoc est album. Ergo [...]oloratum. As much to say: It was in those times a very good reason to say, such a one is a Fryar, & therefore a Lyar. Even as to say: This thing is white, and therefore hath a colour. This testimony of Walfinghams shal you find in the life of Richard the second, of which author, who lived in the raigne of Henry the sixt, Iohn Leland in his booke, De illustribus [...] scriptoribus writeth of him: That he was in perscrutandis antiquitatib [...]s diligens, in conscri­bendis historijs industrius: in searching out of antiquities dili­gent, in writing of histories industrious. And Doctor Iohn Pits a moderne writer, in his booke de illustribus Anglia script [...]ibus, gives him this praise. Quòd vir erat, qui ita pie­tatem coluit, ut bonas literas intereà non negligeret, [...] com­pilavit historias tanta fide, ut verax semper habitus sit. That he was a man who so loved piety, that he neglected not good letters, that he compiled many historyes with that faithful­nesse, that he ever was held a true Writer. Well then what this true writer hath left recorded of Fryars untruthes, and lea [...]ings, in his dayes, I am sure the Fryars of our times will make good, being nothing degenerate or inferiour unto their predecessours in this winde; witnesse this kingdome, but especially the Citty of Dublin; where, by their lying, backbiting, & detraction, they have purchased more beliefe, especially among the vulgar, then he that comes with the gospell of S. Iohn in his mouth. For whensoever a Fryar is disposed by lying and back [...]iting to take away the good name of a Priest, or any other man whosoever, hee presently [Page 45] be takes himselfe unto his begging vocation, which is a suf­ficient colour to bring him to any mans house, and so very dextrously he can stop two shards with one bush, for hee can both begge and slander at one time. For say, his princi­pall busines (& that which he cheifly intends) is to defame, & to backbite his neighbour, yet his begging shall bee the stalking horse unto that foule businesse, so as the detraction shall onely seeme to come by way of discourse & communi­cation, accidentally. And this advantage hath the Friar of all men in the world, who say they were malitiously minded, & intended never so much evill against their neighbour, yet are they to seeke of an occasion & an excuse to bring them to this & that bodies house, whereby they might vent the poyson & malice of their hearts, of which pretext by reason of his begging, the Friar is ever provided, and therefore in flandering, backbiting & defaming, whensoever it pleaseth the Friar to be so wicked, (as I said before) he hath the ad­vantage of all men upon earth. In confideration whereof I lesse muvaile at the speech of a certaine Gentleman, who in a familiar discourse said, that he had rather have the displea­sure of any Nobleman in the country, then of the meanest Fryar of any order: being asked the reason thereof, he answe­red, he would keepe that to himselfe. And whence may we thinke all these lyes & tales with which this country (more of late then ever heeretofore) is abused? I say from what fountaine by all probability doe they descend, but from these Fryar limitours, who passing from parish to parish, from house to house, are lurking and scouting in every cor­ner. For albeit I confesse the needy beggar is also common­ly a lyar, yet neither hath he the wit, or the boldnesse to vent such lewd repo [...]ts, neither (if he did) is there any so light of beliefe, is to give credit unto him. No, no: it is not the wan­ting beggar that sits at the gate with a messe of broth, and a piece of bread in his hand, who bruiteth all these lyes and slanderous detractions of this, & that party, whom they dis­affect, but it is the wanton beggar who sits above the salt, [Page 46] because he hath a better coat upon his back, & authorized by his profession, which in this kingdome is made too of­ten a Pandor to wicked abuses. And I am the rather induced so to thinke, for that in this City of Dublin, we never yet found any lye, or wicked slander made of a Clergy-man, but when we got the end of the threed, and did winde up the same to the bottome (as somtimes we have done) the o­ther end of it did alwayes hang at a Fryars tongue. And this they are the more animated, & encouraged to doe (I say, to offer any abuse or disgrace to a Pastor, or a Parish Priest, or a­ny other of the Clergy) for that no remedy in the earth can be had against them. But why? Because it is provided by such priviledges & indults, as they have obtained from the See Apostolick (which I doubt not but was at the first gran­ted them upon good consideration) That upon all causes (excepting heresies, & such other enormous crimes reserved to the cognizance of the Ecclesiasticall Magistrates) they shall be convented before no other Iudges in primo instanti, then their own Superiours; as Guardians, Priors, Rectors, Provincials, and the like. And you know it is a Proverb, that the clout will help the shooe. So as a man (though never so highly wronged by a Friar) had better fit him down conten­ted then make a journey to the Friars Superiour, happily 20 or 30 miles from him, & comming to his residence or Con­vent, his Guardian shall either be at home, or from home; within, or abroad; at leysure, or not at leysure; to be spoke withall, or not to be spoke withall, even as it pleaseth him­self. And let the plaintiff doe his best or his worst, he shall be sure his satisfaction shall never countervaile his labour, and for one enemy he had before, he shall be sure to purchase a score. I could be content to make a Catalogue of some part of their lyes and slanders, were it not to avoyde prolixity, & that they are so incredible, as my selfe should also incurre the name of a lyar in relating them: wherefore I hold it bet­ter to say my prayers with the Prophet David: Domine li­ber. tanimam meam a labijs iniquis, & à lingua dolosa: O Lord [Page 47] deliver my soule from lying lips, & from a deceitful tongue.

And thus have you the first meanes of the oppression of the Clergy by our Friars, which consists in making them­selves strong. The second is, in making the Cleargy weake, for upon these two Poles moves the Spheare of the Friars Monarchy. Now to weaken the Cleargy there was held no better course, then upon the vacancy of any Parish, either by death, or otherwise, to annex that cure unto another, as we see at this day, five or six parishes within the walls, with us reduced unto two, or els in place of the dead (who was a man of good talents and parts) to substitute some Arcadian creature, who litle can say more then his Matins, & he shall undergo the Cure. For you know, the greater the Asse, the greater burden is he able to beare, besides (none more ply­able unto the humour of the Fryar) then he that is guilty of little worth in himselfe. So twixt the one & the other, we see of ten Parishes within & without the walls, only remay­ning five, while (in the mean time) the Fryars, in, & about the town, are multiplyed unto five score: Besides what they have in the Countrey, & not one of these, but what by his owne endeavours, the strength of his Order, the dependance of his Devoto's, the countenance of our Franciscan Archbi­shop, is able to prevayle in right and wrong, against all our Clergy in Dublin. For (God help us) at this day both Parish Priests, & all others of the Clergy, aswell in the Suburbes, as Citty of Dublin, scarce are wee so many persons as were in the Arke of Noah. Of which small number, some of them being called by the Ordinary, to have the care of Parishes (and as themselves know, and others can witnesse with them, neither for any desert of learning, or good life at all.) Others being the out-cast of Regu­lars, and without all hope of reentrance, being throwne out as branne, (good enough in those mens eyes, to make parish Priests) entertained into the Archbishops favour by hu­mouring of his Friars, (who according to that rule of state pollicy commended by the Florentine divide et regna, make [Page 48] a faction among thy subjects & then be absolute) he is wil­ling to make use of them, and to serve himselfe of them, to ruinate both themselves and their fellowes, knowing by how much more these silly men are obnoxious unto him, and in his danger for some causes, he is the more assured of them, as the fittest instruments of opposition unto the rest of the Clergy.

Who Verres can accuse, earth day, each month, each yeare. For who are more officious, or more violent in persecuting of the Clergy & their friends, then these men be, to whom in a manner is committed the managing of the whole warre against the Clergy, while the Bishop and his Friars in the meane while, laugh, & looke on, to see how industrious we be in supplanting one another, by whose division in the In­terim, all the concourse of the Laity is unto the Friars, enjoy­ing (to their great contentment) such maintenance as was ac­customed to fall to the portion of the parish Priests. Thus like unto the wax Candles upon their Altars, wasting them­selves to give light unto others, they make way unto the Friars Monarchy, shortly upon their ruines to be erected.

Now this Episcopall, or Friarly persecution of the poore Clergy of this City, & Diocesse; began with the comming in of our present Archbishop, and the first tempest thereof, disburdened it selfe upon that worthy and most venerable Priest, Fa. Iames Talbot then Vicar generall. A most learned, pious, & milde man, as all this Citty can witnesse, et [...]ujus me­moria fit in benedictione: about the same time it descended al­so upon Fa. Patricke Cabil, Fa. Luke Roch sort lately decea­sed, & a most worthy man: (For as any Clergy man was of more eminency & sufficiency, in learning, piety, & vertue, by so much alwayes was he held more to stand in the Friars light, for with these ever have beene our Friars warres, and [...]o [...] with others.) Till lastly i [...]fell foule upon these two [Page 49] Priests D. Peter Cadell, & Paul Harris, in whom finding no­thing that he could reprehend; The Bishop (by the Coun­cell of his Fryars) falls upon the most ingenious kinde of persecution, & withall the most impious that ever in any age was practised, yea, I challenge all antiquity, since the Ascen­sion of our Saviour; to give an Example of the like. For first attempting by Regall power, rather then Episcopall, to ba­nish them out his Diocesse, & that without alledging any cause against them, & finding this not to succeed with him, he then commaunds under paine of Excommunication, that none should be present at their Masses, knowing that no­thing could be more prejudiciall unto them, in regard of their temporall maintenance, nor nothing lesse troublesome unto the people. For what is it to forbeare the Masses of two Priests (say they) when as with such ease they may sup­ply that want among the Friars? So that upon the least scruple in the world, he wist well that would be obeyed. And so by this one commaund he serves himselfe of two no­table purposes. For first he deprives the Priests of their ac­customed maintenance: And by the same hee brings what they should have, unto his beloved Friars. For it is the cu­stome (which he well knew) both of the Citty & countrey in these parts, that where the good people heare Masse, that there one time or other, they leave some small almes or offe­ring, according to their devotion. Heere, I confesse, was a great deale of policy, but where was the Religion? Now happily if any of more understanding & judgment then the common sort did looke into this practise, & condemning in their minde these their proceedings, so sinister & unjust: & so in compassion of the innocent Priests, did make lesse account of the Ordinaryes censure, Then had he his Regular [...] br [...]chium, the strong assistance of his Eryars to do him ser­vice, & to negotiat with the people, & to accommodat that busine [...]. For the citizens can well witnesse with us, how like so many Bees our Friars did swarme about them, applying them somtimes with the honey, somtimes with the sting, as [Page 50] best might serve their turne: In Confession perswading such as repaire unto them, & never giving them absolution, till they have promised not any more to frequent the Masses of the two Priests. Others who are slow in comming unto the Friar, the Friar comes unto them, he visites them in their houses, he tells them how such a good friend of theirs re­members their love unto them: he brings them a letter or a token from such a Friar of their kinred or acquaintance, and wishes them to be advised by him: He protesteth how well he loves them; how much S. Francis or S. Dominick is behol­ding unto them for their great charity & almes; & for their parts, they pray continually for their happines & prosperi­ty, both in this life, & in the next. If they prevaile (as com­monly they doe) they have their intent. If they happen up­on others that are of a better head-piece, & have a litle more steele in their beards,, & will not so easily be drawne with their sweet words: If he be a Merchant, they tell him plainly he will loose his custome, & neither they, nor any of their friends will buy ought hereafter in his shop; and this they will not stick openly to declare unto their Iourney-men & App [...]entices. The like they do unto the Trades-men, Cooks, Taylours, & Shoe-makers: Nay, they will threaten the very Tavernes, that they shall have no sale of their Wine & their Beere, if they will adhere unto those two Priests. (I write nothing but what is well known through all the streets of Dublin.) Nay, & they will be as good as their words: for all our friends who wish us well, or gives us a meales meat, or a lodging in their house, fares this day the worse for us, & are partakers with us of this Friarly persecution. And bro­ther against brother, the husband against the wife, the chil­dren against the parents, & one neighbour against another, to the great disturbance & disquiet, not only of the Church, but even of the Commonwealth. And what doe we in the mean time? neither perswade, nor disswade, such as come unto us are welcome, and such as leave us, God speed them well. As for the Friars, I confesse (if any of them durst de­bate [Page 51] the matter with us) we know what we have to say unto them. But they rather apply themselves to worke upon other subjects, who are more easie to be deceived by them, so the great scandall of the Church, and perdition of soules.

Well, to conclude this point; All had bin well, had our Friars observed that wholsome exhortation of the Apostle, & made an application therof unto themselves; A [...]divi [...] enim inter vos quosdam ambulare inqxietè, &c. We have heard some to walk among you unquietly, busie bodies, working nothing: but such we beseech in our Lord Iesus Christ, that labouring in silence they eat their own bread, 2 Thess. 3. I say, all had bin in peace & quietnes with us, had the Friars and our Franciscan Archbishop observed the lawes & Canons of the Church, & according to his place had bin ready to minister Iustice unto such as wanted it, and so many times sought for it at his hands: For want of which Iustice, nei­ther Church, nor Common-wealth can long subsist, much lesse flourish. Iustice the cement of all humane societies. Iu­stice the basis & foundation of all governments. Iustice the Queen of all morall vertues. Iustice which gives to every man his own. Iustice, which (as Cassiodorus saith) knowes neither father nor mother, but only the truth. It accepteth no person, it imitateth God. Iustice, Iustice cryes the Priest: Peace, hold thy tongue, sayes the Friar. The one still laying on, the other still crying out: as having more reason to cry for his beating, then the other to beat him for his crying. But never will the Musick be sweet, betwixt them, till it be set to Davids Harpe: Misericordia, & veritas, obviaverunt sibi: Iustitia, & pax osculata sunt, Psal. 84. Mercy & truth have met one another, Iustice and peace have kissed each other. Which that it may, the God of Mercy and Truth, the God of Iustice and Peace grant unto us.

CAP. IX.
The latter part of the Censure answered.

AS the first part of the Archbishops censure con­sisteth in the excommunication of the Laity, for hearing the Masses of the above-named Priests: So the second is in taking away, from them all power & jurisdiction of hearing Confessions, or ministring, or doing any act or acts of the Pastorall function within the Diocesse of Dablin, as also annulling and making voyde all Absolutions hence forward by them to bee given. So the Censure.

To which I answer out of S. Thomas 2. 2. q. 104. 5. That the Inferiour cannot limit the power of his Superiour: Not the Captaine, of the Proconsull; nor the Proconsull, of the Gene­rall. And it is a Rule of the Canon; Quòd par in par [...]m non ha­bet imperium, & min i [...]s in superiorem. An equall hath no com­maund over his equall, and much lesse over his superiour. And it hath the consent of all Doctors. Forsomuch then, say the Priests, that they have received their power & juris­diction in the premisses, not from their Ordinary, but from the See Apostolicke, & the fame power by the Archbishop acknowledged, & admitted for good & authenticall, and so many yeares practised in his Diocesse, he can not restrayne their missionary power, till by the law & authority of the Church they be deprived thereof. And with this answere, the Archbishop may content himselfe, and desist further to encroach upon his superiours jurisdiction, to whom he hath as strict an obligation of obedience, as the Priests have: And this shall suffice to have spoken of the Archbishops Cen­sure, and the Nullity thereof.

CAP. I.
Of the shamefull Avarice, and scandalous Beg­ging of our Fryars Mendicant, especially in this Kingdome of IRELAND:

SVrely, if our Archbishop had beene so carefull of the good of his flocke, as in his Excommunication is pretended, it had beene a very methodicall charitie for him to have begun at home with his owne family, of his beloved Friars, and [...]o have reformed those horrible & in­famous abuses among them, of which, not onely this Diocesse, but the whole kingdome com­plaines, groaning under the insupportable burden thereof I say it had beene very orderly for the Bishop to have be­gun his reformation at his owne house, knowing what the Apostle saith. Si quis autem suae domni praesse nescit, quomodo Ecclesiae Dei diligentiam habebit. 1. Tim. 3. But hee who knowes not, how to governe his owne house, how will hee have care of the Church of God.

For first: The rule of S. Francis commaunds, that his Fry­ars should worke, & labour with their hands, & such among them as know no trade or occupation, should learne the same, & when they cannot sufficiently maintaine themselves by the labour of their hands, then that it should be lawfull for them to begge: but how? not in Chappels or Oratoryes, but ostiatim from doore to doore. But to the end that none shall say, that I speake this of mine owne head, I will set you downe S. Francis his owne words, as they iye in his Testa­ment. §. 5.

[Page 54] Et ego manibus meis laborabam, & volo laborare, & omnes alij fratres mei firmiter volo quod laborent, de laboritio quod per­tinet ad bonestatem: & qui nesciunt, addiscant: non propter cupi­ditatem recipiendi pretium laboris, sed propter bonum exemplum, & ad repellandam otiositatem, & quando non daretur nobis pre­tium laboris, recurramus ad mensam Domini petendo elemosi­nam ostiatim. In English thus. And I (saith S. Francis) labou­red with my hands, & will labour; & all my other brethren I firmely will, that they labour with their hands what per­taines to honesty: & such as know not, let them learne; not for desire of receiving a reward of their labours, but for good example, & to avoyde sloath, & when the price of our worke is not given us, let us have recourse unto the Table of our Lord, asking almes from doore to doore. By which it is manifest, that the blessed S. Francis intends not the labour of the minde, in studying to become learned, but manuall la­bour, & bodily worke, propounding the same unto them by his own example: Et ego manibus me is laborabam, & I (saith he) laboured with my hands: neither can any say, that this is only advised them by way of counsell, but rather absolutely commanded, for so saith the Saint, & volo, & I will that all other my brethren labour de laboritio, by which word is e­ver understood bodily labour.

Now, if the Friars in their own defence, say, that it may be so expounded, as extended unto the labour of the mind, as well as of the body: Then (say I) they violat another precept of their rule given them by S. Francis, which is, that they are to make no glosse, commentary, or exposition, upon his rule, but to understand the words plain­ly as they lye, & this is commanded them under obedience, in the last Paragraph saving one, of his Testament, in these words: Et omnibus fratribus meis Clericis & Laicis, praecipio firmiter per obedientiam, ut non mittant glossas in Regulam, nec in istis verbis, dicendo, Ita volunt intelligi, sed sicut Dominus dedit mihi simpliciter & purè dic ere & scribere Regulam, & ista verba, ita simpliciter & purè sine glossa intelligatis, & cum sancta [Page 55] operatione observetis usque in finem. The same in English is thus. And I firmely commaund under obedience, all my Fri­ars, Clergy, and Laity, that they make no glosses upon the Rule, nor in these words, saying: So they wil be understood; but as our Lord gave me simply & purely to speak, and to write the Rule, & those words, so ought you to understand them, without a glosse, & by holy operation observe them unto the end.

Now if our Friars tell us, That the Testament of S. Fran­cis is diverse from his Rule, & so not of that authority as to bind them to that obedience and observation, as the Rule doth. Then say I, Let S. Francis answer for himself in his said Testament §. 6. in these words: Et non dicant fratres, Haec est alia Regula, quia haec est recordatio, admonitio & exhortatio, & meum testamentum quod ego frater Franciscus parvulus vester & servus facio vobis fratribus meis benedictis, propter hoc, ut regulam quam Domino promisimus, melius catholicè observe­mus. In English thus: And let not the Friars say, This is ano­ther Rule, for that this is a remembrance, admonition, & ex­hortation; & my will which I brother Francis, a little one, & your servant, doe make to you my blessed brethren, to this end, that we may better Catholickly observe this Rule, which we have promised unto our Lord.

Lastly, if the Friars say: That howsoever it be, yet they are dispensed by authority of the See Apostolick, from the ob­servance of his Testament, & consequently, from any bodily work or labour, other then it please themselves. I answer: As the Pope cannot dispense with any commannd or Precept of Canonicall Scripture; no more can he with the Rule of S. Francis. If it be true which S. Francis wrote in his Will and Testament, a little before his death: (And I trust our Friars will hold it a great sin to say, S. Francis lyed) in these words, Dominus dedit mihi simpliciter & purè dicere & scribere regu­lam, & ista verba: Our Lord granted unto me, simply & pure­ly to speak & write the Rule, & these words: Testament §. 11. By which testimony of S. Francis, it appeareth, that as [Page 56] well his Testament or Will which he made but two yeares before his death, as his Rule before given unto his brethren was indited by the Holy Ghost, & so by divine authority given unto him. Notwithstanding the Friars of his Order doe exempt themselves from his Will & Testament, & the observance thereof, & consequently from all bodily labour therein cōmanded, & contrary unto the expresse commaund of the aforesaid Will, they take upon them to procure glos­ses & expositions upon the Rule as also dispensations & re­laxations from the See Apostolick. And this by vertue of the Declarations of S. Gregory 9, & Nicolaus 3. who (as they say) have declared, that they are not bound to observe or o­bey that Testament or Will of S. Francis, or the thiugs ther­in contained. Those Popes (it seemeth) were not of opinion, That the Testament of S. Francis was of sacred authority, or canonicall Scripture, or that it was from Heaven, & the Ho­ly Ghost inspired into S. Francis. And so the Friars resting upon the aforesaid Declarations, are well contented that so it should be believed. And therefore (say S. Francis what he will, or what he can) begg they will, & labour they will not; for that is the more easie Trade of both; & aucupium longe questuofissimum, a most ready way to attaine, not onely to meanes necessary, but to such abundance, as wee see them in all places to injoy. For first our Mendicant Orders have two sorts of Begging, like two ploughes ever walking. For first, they passe thorough the Parishes, from house to house, not contented to aske their almes at the doore, as S. Franeis com­mands in his Will, & was practised in his dayes, and in the primitive times of his Order; for that is not Gentleman­like, but boldly will they rush into the Hall, & from thence into any other part of the house, more like unto Officers, then poore Beggars: So haunting the richest sort of people for Money, Wheat, Muttons, Malt, Salt, Fish, Flesh, for no­thing comes amisse; as they forget not the honest Farmer, neither shall the poore Cotter escape them. And as Arma­ [...]hanus noted in his time, so shamelesse, and importunate in [Page 57] their begging, as if there be but two Cheeses in the house, they will carry them both away, or they will shame the ow­ners. And verily this which S. Richard of Dundalke writes in his Defensorium Curatorum, of the two Cheeses, puts me in minde of what lately we saw practised in the Countie of Wexford, where a Friar comming to begge Muttons, a poore Cotter, (having but only two,) out of his kind heart told the Friar, he should have one of them. Alas (quoth the Friar) my honest friend, and what wilt thou doe with the o­ther? It will but stray from thee; give them both to GOD Almighty. The poore man was content: And so GOD Al­mighty (by the Friars help) got both the Muttons. But farre be it from me to say, That this Friar was either a bold Beg­gar, or avaricious at all.

Their second kind of Begging, as it is farre more compen­dious, so much more commodious: for as their former Beg­ging seemed to, be but by retayle, by visiting the good peo­ple in their houses; so this is altogether by whole-sale, and (as it were) in grosse. And it is after this manner, though used in no other Countrey (that ever I could observe) but only in Ireland.

The Friar betakes himself on Sondayes, on Holy-dayes, or in Funeralls of the Dead, Moneth-mindes, Anniversaryes, Weddings, Patrons, & the like, to such places as the people usually resort to Masse, & there (either before, or after Masse) he sheweth himself in his habit; but (above all) he is very carefull that he may begge before Masse; for he fore-seeth that after Masse the people will scatter, & so he shall faile of his purpose. And therfore to prevent that inconvenience, he commands that so soon as Masse is ended, the doores of the Oratory, or of the Gentlemans Hall be shut, so as none may passe forth, till such time as he hav [...] uttered and ended his Mendicatory speech, which commonly is taken out of the common-place of Liberality, Almes-deeds, works of mer­cy, and the like: for example, facite elemosynam, & omnia mund [...] funt vobis. Luk. 11. Give almes, & all things are clean [Page 58] unto you. Peccata tua elemosy [...]is redime, et iniquitates tuas mi­sericordijs pauperū. Dan. 4. Redeem thy fins with alms-deeds; and thine iniquities with pity to the poore. Beatus qui intel­ligit super egenum, et pauperem, in die malâ liberabit cum Domi­nus. Psal. 40. Blessed is he who understandeth the case of the poore & needy, our Lord shall deliver him in the evill day. This done, he expresseth unto them a catalogue of his wants, & there remembring, or at least practizing, that saying of Se­neca the Tragedian in Thieste. Qui timide rogat, docet nega­re; he that asketh faintly, teacheth how to deny; without any shame or modesty, he demaunds not as a Beggar, but rather as a Commander: who will give them the Barrell of Wheat, the Malt, the Muttons, &c. If they come off to his liking, he gives them his To giver lave, agus tuggi garo vanecht [...] yen var vd. And turning himselfe unto the Altar, upon his knees he sayes an Ave Maria: If he finde them tough and backe­ward, then he fals a cursing them, accusing the hardnesse of their hearts, & their small devotion, telling them; that it is the very devill that possesseth their hearts, and stops their tongues, & will not suffer them to speake. So as what with his cursing, what with his blessing, what with the vaine-glo­ry that many of them take among their neighbours to bee held liberall, what with the confusion & shame that others are put unto, not to be thought so kind hearted (a great dis­honour (I tell you) among the Irish) whosoever looseth the Fryar he getteth. And thus hath the matter beene carryed these yeeres past. But indeede of late I heare say, the case is altered, & no marvaile if with continuall blood-letting the body in time grow both cold & dry. For what thorough the multitude of Fryars in this kingdome, who are growne, sine numero, pondere, & mensura, without number, weight, & mea­sure, in which three all things were created, as also many o­ther taxations from the state, the commons are so impove­rished, and oppressed, as now they are as unwilling to see a Friar come among them to begge, as a Trooper to distraine, & to take up their pawnes. Insomuch as in the Countrey the [Page 59] good people, (though never so Catholicke & devout,) they will rather loose Masse upon Sundayes & Holydayes, then they will come within a musket shot of a Fryar, so much they feare to be pounded up in a Gentlemans Hall, or in a parish Chappell, as their Cowes use to be, when they tres­passe upon their neighbours cornes. Thus are the Sacra­ments prophaned: And that munda oblatio: that cleane offe­ring (prophesied of by Malachy. 1.) neglected, the service & ceremonyes of the Church contemned. While in the eyes of the people, either nothing, or nothing more is sought af­ter, then the belly. For who is either so patient by nature, or so irreligious for want of breeding, as he can endure a Friar limitour in a publicke audience, (when he findes the people sometimes, not to answer his expectation in giving of almes) to utter these wordes. Well and doe you depart the the place, & give me nothing? From the richest to the poo­rest those who leave no almes with me, I will take from them the grace and benefite of that Masse which this day they have heard. This prophane & Symoniacall speech was uttered by a Franciscan in the Diocesse of Meath, & the same very lately. And if any of his order will question the 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.

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 [Page 60] 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.

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, ne (que) 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 [Page 61] 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 [Page 62] 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 needy beggar, who hath plenty of nothing, but of want, you shall see the one well contented with a piece of bread, to satisfie his hungry b [...]lly, or a paire of broken stock­ings, or an old shoe to his foot, when as the other beggar will not sticke to aske you an horse of eight or ten pounds price, & if you deny him, he will shew much more discon­tent, [Page 63] then the other beggar who is denyed a piece of pease bread, after which his hungry belly roares; but if it so fall out, as your horse which you refused to bestow on the Fri­ar miscary, or come to any mischance, & so perish, why then the owner is rightly served, since he denyed him the Fryar. Some reading these lines will better understand them then others. A Merchant of my acquaintance, and living at this day in this Citty of Dublin, refused to give a Friar a barrell of Beefe, who of my knowledge was in lesse necessity there­of, then the Merchant himselfe, considering his charge of wife & children: soone after the Merchant (being his owne Factour) embarked himselfe with his Beefe, and other Mer­chandise for France, upon the seas he meetes with a storme, & it was thought necessary for their safety to lighten the ship, & to cast over-board some part of the Beefe, it pleased God (the temptest ceasing) they held on their voyage with­out any more hurt. But what said the Friar and his fellowes when newes came to towne? forsooth, it was the just judg­ment of God that he should bee forced to throw that Beefe into the sea, which he would not bestow on them. So as in feare of these ensuing calamities incident unto our wretch­ed mortality & uncertaine estate of life, in this vale of mise­ry. What man of trade or occupation, but especially what Merchant Venturer, or Sea-faring man, dare deny these Men­dicant Orders what they aske? for he shall be sure the next calamity or misfortune shall be set upon the skore of that re­fusall. But since many an Agnus Dei, many a graine, & many a medall, & Relick lyes buried in the bottom of the Sea, thogh many besides escape. No marvaile then though we see their greatest Devo [...]oes, best benefactours, & friends to have their [...]rosses, both in their lives, and fortunes, and come to as many heavy markets as those who adhere unto the poore distressed and innocent Clergy, notwithstanding what [...]a­lendars of observations soever they make to the contrary.

And verily in this Nation more liberall (I confesse) and kind hearted, then may well stand with their meanes, albeit [Page 64] withal, more superstitious & credulous to believe fascinati [...]s, ey-bitings, & old prophesies, thē wel may stand with true pi­ety & Religion, with which they are so over-awed, that no­thing (in a manner) dare they refuse, (I speak of the simpler sort) that the Friar casts an affection unto; for being once asked and denyed, they are perswaded that it will perist from them, & never do them good. Neither stands it with the Friars profit to remove this & the like opinions from the peoples minds; quaerentes magis quae sua sunt, quam quae sunt Christi Domini, rather seeking themselves, then what is our Lord Christs; as dayly experience teacheth, and as the Apostle spake of some in his time, Philip. 2.

Now as for their Prophesies: If any disaster or mishap be­fall to any man or woman, who is not so much devoted unto their order, or not so kind unto them, as they desire, presently the Friar divulges among the people, that either himself, or such another Friar of his Order, did prophesie such things to befall them: As likewise if any of their Benefactours receive any temporall blessing, profit, or emolument more then Or­dinary, it shall be imputed either to the prayers, or prophe­ticall predictions of some Friar, as if GOD Almighty would keep nothing secret from them, nor dispose either of his blessings or punishments, but by their ministery and di­spensation. And among other of their prophesies, there is none stronger among the Friar Minors, then that in this Kingdome, the Church shall one day be ruled by their Or­der, which prophesie they well weened (about sixe yeares a­gone) had bin fulfilled, when as (of the foure Arch-bishops) three of them at one time were Franciscans▪ namely Hugh Cavall of Armagh, Tho. Flemming of Dublin, Florence of T [...]me; but two of them being soone after called out of this life, did frustrate their expectation for that time. As for their prophesies of the fates & destinyes of such as op­pose themselves unto their vices, (of whom among others, my self am now become a subject) I lesse regard their augu­ries, & divinations, for that I dayly see, that themselves doe [Page 65] not fore-see their own disasters & calamityes, forsomuch as divers among them have not had so auspicious fates as they could have wished, & yet had not the skill to fore-tell the same. And albeit I am dayly fore-warned by my friends, to looke carefully unto my self, & to be upon my keeping, lest such as areed my destiny, be also the Procurers of my desti­ny; yet the lesse diligence do Iuse therein: for that I have learned, Nisi Dominus custodierit civitatem, frustra vigilant qui custodit eam. Psal. 126. Vnlesse our Lord preserve the City, he watcheth in vaine who keeps the same. And as a great Prince in our time, (upon the murder of Henry 3. of France) being moved by his Councell, to take unto himself a guard for the greater security of his person, answered; Bien esta guardado aquien Dios guarda: He is well guarded whom God pro­tects. Almighty God of his infinit mercy grant (what fate soever befall me) that I may live & dye his servant, and the same I wish unto my greatest adversaryes. And forsomuch as I am arrived (since I writ this book) unto the yeares of sixty, and am perswaded (both by reason of my age, & mani­fold infirmities,) that this old house of clay will (ere long) fall about mine eares: I will dedicat this following Epitaph unto my memory, which for want of a marble (which I trow none will be so foolish as to bestow upon my grave) I will heere with my pen ingrave upon this Paper monu­ment:

Neither let any body think that I am the first, or the only man, who have declaymed against the disorders & insolen­cies of the Mendicants; for many most pious and learned men in former ages, haue launced their ulcers; yea and have not pared to search them to the quick, though withas little fruit (I confesse) as I think these my writings will have. For it is not all one to reprove, as to remove scandals & bad [Page 66] customes either from Church, or Lay-men. Those who with more freedome have prosecuted this argument in former times, is Aeneas Silvius, who afterward was Pope, & called Pius 2. Iohn Gerson, 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 [Page 67] 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 Clergy­men, 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 [Page 68] 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, [Page 69] & 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, but powerfull to re­venge all disobedience, &c. For which cause Excommuni­cation the first & sharpest of all the censures, is called Mucro Episcopi, the Bishops sword. Now if the Bishop will say with S. Peter. Ecce d [...]o gladij, behold two swords, It must be knowne from whom hee hath that other, his owne being spirituall, and it is acknowledged by Divines that hee bor­roweth it from the civill Magistrate, from Princes & Tem­porall Governours, who as good children of the Church, [Page 70] were enduced to grant this temporall assistance, onely in some cases, unto the Pastor, for the better government of his flocke in his Spirituall regiment. And so it came to passe that prisons were allowed unto Bishops, wherein not on­ly to detaine, but also to chastise Herètickes, Simonists, Blas­phemers, prophaners of the Sacraments, vow breakers, con­temners of the fasts of the Church, & Holy-dayes, violators of Ecclesiasticall censures, and the like, as also for faults not of so bad a note, to inflict pecuniary mulcts & fines at their discretion, yet wee finde not that Bishops or Prelats (who besides their spirituall jurisdictiō are not temporall Princes, either in whole, or in part) doe corporally punish, either theft, or murders, or treasons, or rapes, or blood-shed, with infinite other offences, which are dayly committed in all common-wealthes. So never doe we finde by any record or register of any Ecclesiasticall court. That in these Kingdomes either with cause, or without cause, it was permitted by the Church unto Archbishops, or Bishops, or ever did they ex­ercise the paine of banishment, either out of their Provinces or Diocesses. It being a power meerely temporall, and Re­gall, & never committed unto them, no more then punish­ments of death, losse of lim, forfeyture of house, & land, &c. Nay if it be law which Sir Edward Cooke reports in his comment upon Littleton lib. 2. cap. Villinage sect. 200. No subject may be banished out of the Kingdome, but by Par­liament authority, for what cause or crime soever. Shall then our Archbishop who borrowes his temporall power, & ju­risdiction, from the King, assume the like authority? But to this it will be said, That the Archbishop onely exiles out of his Diocesse, or at the most out of his Province, not out of the whole land. To which I answere, but in case the foure Archbishops of this Kingdome should agree (as within these sixe yeeres, three of them at one time were gray Fry­ars) to banish a man each one out of his Province, is he not then banished the whole Kingdome of Ireland? and with lesse difficulty might this be done in England, where wee [Page 71] have only two Provinces, & two Archbishops, Canterbury, and Yorke. And (I trow) it is no hard matter for two to a­gree. But that which is most strange, & not to be believed, were it not that it was done in the hearing of many witnes­ses, & in this Citty of Dublin against parties living, and who at this day remaine in this Citty, (albeit I spare to name them.) I say, so it was, & will be justified that this present Archbishop Friat Thomas Flemming aliàs Barnwell, did by sentence banish out of his Diocesse, men of the Clergy, com­manding them under Censures within 15. dayes to depart the same: & being demanded wherein they had offended, or what they had committed deserving such punishment. He answered, that he knew no hurt by them, but that he had no use of them, slbeit verily he had use enough of them, had he bin pleased to make use of them, for they were of the most learned men of his Diocesse. And whom a vertuous Prelat would have esteemed as his own eyes, & much lesse have ba­nished. But so the times are, that learning, vertue, and good breeding, are so farre from being stayres to honour and pre­ferment, as nothing can sooner (with this Ordinary) work his disgrace, his dejection & utter over-throw: well then, the Archbishop stands stiffe in this doctrine: That he can ad nutum, & ad libitum, banish any Priest out of his district; which doctrine were it true, what man (I pray you) would take upon him the vocation of a Clergy-man, or of a Secular Priest, knowing that ever after he must be a perpetuall slave to humour his Ordinary, or else not to live in the Church: for what one Bishop can doe, another may doe. And a Priest by this meanes may be banished out of all Christendome; when as a Miller, or a Baker, or a Porter, will aske never a Bi­shop in the land leave ro dwell in his Diocesse. So much do our sacred Orders help us, as rather they help to undoe us? Say, is not this to dominari in Clerum, to tyrannize over the Clergy? Is not this to encroach upon Regall authority? Is not this to confound all lawes both of Church & Common­wealth? Wherefore for my part I allow very well of that [Page 72] Priest, my deare friend & Countrey-ma [...], who being com­manded above two yeares agoe by the aforesaid Tho. Flem­ming alias Barnwell, to depart his Diocesse, alledging no cause against him: He answered, My Lord, I will not banish you the Diocesse, neither shall you me; for so long as the King & the State are pleased to permit me, I will heere injoy the foure Elements, & if any give me [...]piece of bread, or a nights lodging, I will take it, & be thankfull for the same: & so saying, me thought he spake as my self would have done in the like case. Neither by this do I intend to deny Exile to be a canonicall punishment, but not used either by Eccle­siasticall or Civill Magistrates in these Kingdomes, nor yet any-where else, without some great & haynous off [...]ce. 16. q. 1. Probirum. 17. q. 4. Attendendum 24. q. 1. Qui contra.

And now I will conclude this point with the conclusion of that Speech which my self lately made in a publick audi­ence, as followeth.

Let me also signifie unto you, That none of you presume or seek to maintaine Tho. Flemming aliâs Barnwell, Archb. & a Friar of the Order of S. Francis, in his late usurped authori­ty of Exile, or banishment, where in he takes upon him only at his pleasure, & at his will, omni indictâ causâ, to banish, and throw out of his Diocesse any person whatsoever, either of the Clergy, or Laity, which doctrin he hath both publick­ly taught, as also of late practised on divers persons, to the great disturbance both of the Church & Common-wealth: It being a meere usurpation, contrary unto the Canons and the ancient statutes of this Kingdome. And therfore it con­cernes us all (as good subjects) to maintaine our King in his Right, against all innovation whatsoever; for in so doing we shall fulfill the commaund & will of our Saviour, saying; Give [...]to Caesar what belongs [...]to Caesar, & unto God what is Gods. And so not doubting but you will alwayes remaine as obedient children of the Church, so loyall subjects unto [...]is Majesty. I give you all my benediction.

CAP. IIII.
Of certaine most dangerous Heresies, or rather Blasphe­mies, of late preached and published by [...]riars, of, and within the Diocesse of Dublin, to the perdition of many soules.

TRuely if our Archbishop had bin so tender over his flock, & so carefull of their soules, as in this his Excommunication is preten­ded, knowing, that as it is the part of a good Pastour, to feed the people committed unto his charge, with wholsome doctrine, & the food of the Sacraments; so also to chase away the Wolfes, especially those Wolfes which our Saviour fore­told, should come in Sheepes cloathing, which are the most dangerous Wolves of all other. I say, had these two points bin well considered of, by our Pastour, he doubtlesse would have bin more diligent & frequent in his Sermons and ex­hortations unto the people, as in perswading them unto good life, & observance of Gods Commandements, (a do­ctrin very necessary) so in their faith confirming them a­gainst all tempests of persecution which may arise. If happi­ly he alledge in omission of this duty, That he leaves the charge of that office to his Parish Priests, & to his Fryars. I answer with Cardinall Bellarmine in his book entituled Ge­mitus Columbae, lib. 2. cap. 4. It is not to be understood, that the assistants should so labour, as the principall should be idle & do nothing. Our blessed Saviour had his Apostles to help him, as learned (I trow) and as laborious, as either our Parish Priests, or Fryars, & yet himselfe, as the principall Pa­stour, refused no paines or labour to comply with his missi­onary office of preaching, which he had from his Father, Luke 4. Spiritus Domini fuper me, propter quod n [...]xit me, evan­gelizare pauperibus misit me: The Spirit of God upon me, for [Page 74] which cause he annointed me, & sent me to preach the Go­spell unto the poore, according to which mission from his Heavenly Father, he did so attend his Office of Preaching (as the Gospell reports of him) That he travailed from Citty to Citty, from place to place, preaching the Kingdome of God, & that not only in the Temple of God, but in the fields, in the deserts, in the mountaines, upon the sea, in private hou­ses, sitting at the table, walking upon the high-way, at all times, & in all occasions remembring that he was sent to preach.

So after him the Apostles, to whom Bishops succeed, they declare that this was their Office. The Apostle 1. Cor. 9. Ʋae mihi si non evangelizavero, Woe unto me, if I doe not preach the Gospell. And admonishing Timothy a Bishop, he saith: Praedica verbum, insta opportune, importunè, argue, obsecra, in­crepa, in omni patientia, & doctrina, 1 Tim. 3. Preach the Word, be instant in season and out of season, convince, beseech, re­proove, in all patience & doctrine. Such was the practise of S. Iohn the Apostle; who frequented the Pulpit in his de­crepit yeeres, as witnesseth S. Hierom in the third Booke of his Commentaryes upon the Epistie unto the Galathians. And the same the 4. Councell of Carthage declared, teaching that a Bishop should attend unto Prayer, to reading, & to the preaching of the Word of God. To which S. Gregory accor­deth, lib. 2. Epist. 39. Episcopi est, de praedicationis ministerio [...]o­gitare: It is a Bishops part to thinke of the ministery of preaching. And so it seemes that our auncient Bishops did very well understand the same for many ages together. For­somuch as most of the writings of S. Cyprian. S. Athanasius, S. Basil, S. Nazianzen, S. C [...]ysostome, S. Ambrose, S. Cyrill, S. Augustinus, S. Maximus, S. Leo, S. Gregory, and others, were nothing else but Sermons preached unto the people. And if the same obligation did not alwayes remaine; wher­fore to this day in putting into their hands a Bible is it said in the Consecration of Bishops? Accipe Evangelium, vade, praedica populo tibi commisso: Take the Gospell, goe preach to [Page 75] the people committed unto thee. And if our Bishops in these dayes were not bound to preach, wherefore doth the late Councell of Trent tell us, that among all Episcopall du­ties the office of Preaching is the chiefe? Sess. 5. & 24.

But our Bishop will happily say, That his talent is not in preaching, and making [...], of Sermons. To which (I say) though he be not able to preach and make a formall Ser­mon, at least, why (as occasion offereth it selfe) doth he not in some short exhortations move the people to good life, setting before their eyes the reward of vertue, & the defor­mity of vice, as also its punishments: or at least, why teach­eth he not the Christian doctrine, which in truth is the best­kinde of preaching, and most necessary in this kingdome of all other, where such ignorance raigneth among the com­mon people, that if every haire of our heads, were preachers or teachers of the Catechisme, it were little enough? But and if our Archbishop, bee not either able, or not willing to preach, & to feede his flocke, with the spirituall food of the word, wherefore then did he condiscend to accept of a Bi­shopricke, knowing himselfe so unmeet for the same? or what account will he give up to the Prince of Sheepheards, when it shall be required at his hands? Happily they may have enough to doe, to answer for themselves. He layes the burden upon their neckes, they will say they were but assi­stants unto him: Now as that learned Cardinall saith, non ad­juvari dicitur, qui nihil facit. Hee is not said to be assisted, which doth nothing himselfe. Againe in his treatise de ge­mitu Columbae, lib. 2. cap. 5. Deni [...] (inquiunt) multi sunt hoc tempore praedicatores verbi Dei, ex ordinibus religiosis; verum est illud quidem, sed illi vocati sunt in adjutorium Episcoporum, non ut proprium munus ipsorum impediant. To conclude (saith he) they will say, that at this time there be many preachers of Gods word among religious Orders, true it is, but they be called to be helpers to the Bishops, not hinderers of that which is their owne proper duty to performe. But verily had Card. Bellar. lived in these countryes he would not have [Page 76] said that at this day there be many Preachers of Gods word among religious Orders, but rather many beggars & feeders of their owne bellies, among religious Orders, who in beg­ging from house to house can publish the benefit of the cord, the Rosary, the habit, & the Scapulare, & tell you a long sto­ry of the myracles of S. Francis, & can frame many a tale, and many a lewd lye of the parish Priest, to bring the people out of love with their Pastour, whereby the water may run more freely unto their owne mills. But the healthfull do­ctrine, the blessed life, the sweet example, the stupendious myracles of our Saviour & Redeemer of the world, in the Gospell are little taught, or insisted upon, witnesse those places & parts of the country which the Fryars doe chiefly haunt. Examine the people, & the penitents of those Friars, in the mistery of the Trinity, the incarnation of our Saviour, the articles of their creed, the use of the Sacraments: you shall finde them so defective, as they scarce deserve the name of Catechumen [...]. Not one of ten of them knowing wherefore they were baptised, what they adore in the Eu­charist, or wherfore they goe to Confession. Nay if you de­maund which are the persons of the blessed Trinity, they will be more ready to tell you our blessed Lady, S. Patricke, and S. Bride, then either Father, Sonne, or Holy Ghost, more ignorant then those of whom S. Paul speaketh Act. 19. who being asked whether they had received the Holy Ghost, an­swered: Sed ne [...] si spiritus sanctus est audivimus. Nay wee have not yet heard whether there bee a Holy Ghost, or no. And wherefore is all this? but that the doctrine necessary unto salvation, is not so necessary for the Friars maintenance; For whether is it more easie to say with S. Paul, Operamini salutem vestram cum timore & tremore, Ephes. 6. Worke out you [...] salvation with feare & trembling: then with the Car­ [...]l [...] to say. Take the Scapulare, and thou shalt never be [...]. Or whether is the doctrine of our Saviour more easie. Qui persever averit us [...] in finem hic salvus erit. He that [...] vereth unto the end h [...] shall be saved; or to say with the [Page 77] Cordilier, fast but such a saturday & thou shalt never die an evill death: besides many other doctrines of like nature, which walke in darkenesse: witnesse those Amulets, prayers, and verses hanging about the neckes of the poore deluded people, men, women & children, in which more trust & con­fidence is reposed, then may stand with the purity & inte­grity of our faith. But if these good people thus taught should againe feed with the like food of their bodies those their teachers, & in place of wholesome meat, should set be­fore themsome stinking carrion; in place of butter & cheese, should give them a lumpe of Tallow, and for good bread, of Wheat, Rye, Oates, &c. should present them with a loafe made of bran, and beane huskes, verily the Friar limitour would set his marke upon them, if not his curse: and the fay­ry folke (if any such be) should sooner haunt those houses, then either Monke or Friar.Something being heere omitted ac­cidentally makes the cohaerence not so goo [...].

I may remember since in England before the comming in of the Regulars, all spirituall offices were performed unto the Catholickes, by the Priests of the Clergy, of which times it might be said, in respect of the great concord and unity which they enjoyed, as well the Priests among them­selves, as with the Laity. That terra erat unius labij. The earth it was of one lippe & language, and as it is said in the 4. Act. of those primitive times of the Church: Multitudi­nis credentium erat corunum, & anima una, the multitude of beleevers were all of one minde, & of one will. But no soo­ner came the Ignatians (for they were the first) and the Monkes, & the Friars after them, & did grow to any num­bers & strength, but then came in the confusion of Babell, & their tongues were so devided, as one spoke nothing but of Apollo, & another of Cephas, (not I confesse in diversity of doctrines) but in variety of affections: where the Ignatian was in request, the Priest was neglected; where the Monke ruled the roast, there the Ignatian was disrespected; where the Friar could prevaile, there neither one nor other was regarded. Till at length rather upon a sudden shuf [...]ling up, [Page 78] then composing any stable peace, they joyned all in one with united forces to oppose the Ecclesiasticall Clergy, and what tumults & hurly-burlies have ever since bin on foot among them, & still continues (I wis, non ad aedificationem, sed ad destructionem, not to edification, but to destruction) the world can witnesse.

Now in this Kingdome of Ireland what I have not onely seene, but felt, it remaines further to declare. For about some 18. yeeres agoe, you may well remember with me, that the Monkes & the Friars being then but weake, & (as it were) in the cradle, the good Catholicke people were ruled both in the divine office of the Church, as also in direction of their consciences wholly by the Priests of the Clergy their Pastours. Then was there such devotion & piety in the ser­vice of God, such frequenting the Sacraments, such love a­mong neighbours, such feare of offence and wrong doing, as it might truly be said of those golden dayes:

Then streames of milke, then streames of wine did flow, Then on greene okes sweet honey-combes did grow.

Then the Friar made scruple to encroach in the smallest matter upon the office of the Parish Priest, nay he was so humble, so gentle, so recollected, & so mortified, as truly you would have taken him for a very gay creature; but this was but in his infancy, & during the time of his noneage; for by too much petting & cockering of him, & that chiefly by the Parish Priests themselves in the beginning (not then fore­seeing whom they did foster & harbour in their bosomes, or what rods they were in preparing for their owne ribs) the Friar growing dayly to further acquaintance with the Citizens, & gathering unto himself continually more num­bers of his fellowes, he began soon to goe upon his owne legges, & to perceive quod cornuta erat facies ejus, that his face had two hornes, with which he began bravely to lay a­bout him, A Pastour when he pleaseth, a Regular when hee [Page 79] pleaseth, a voluntary when he list, a pressed souldier when he list, an assistant when he thinkes good, and a principall when he will. So as now down must the Oke, & up must the Bryar, under whose protection the sheep betaking himselfe for shelter and protection in every storme, his fleece shall be well pulled, & his skin surely scratched for his paines, as we dayly see, & in part already have set downe. But the Presse calls so fast upon me, as I can hardly with equall paces keep company with it, & therefore must spare further to enlarge my self upon this argument. Onely I will conclude it with the saying of that holy & learned Prelat Peter Camus, Bishop of Bellay in his Petronilla: That it is an admirable thing to see, that such as governe the people, will not take charge of them, & such as have charge of them, & are answerablo for them, can not have the government of them. So he. Which observation of his agrees with what a principall Friar of his Order lately said in this Citty, & that in the hearing of many, That for their parts they scorned to bee Parish Priests or Pastours. According to the doctrine which Friar Thomas Strong, a Franciscan, layde downe in his Manuscript intituled an An­swer unto the fraternall correction of Paulus Veridicus Har­ris, in which he compares the Superiours of Regulars unto Sheep-heards, and the Parish Priests unto Swine-heards, & consequently the Laity to Pigs & hogs. This writing of his is this day in my custody, under his own hand, which I am ready to impart to any who make doubt of the truth there­of. O S. Peter & S. Paul! yea, O S. Francis! How base and contemptible is that holy office of Parish Priests in thy Fri­ars eyes at this day, who now beare themselves as the only Masters in Israel, and would be accounted the sole pillars of Gods Church. So much then for the first office of a Pastour in the dispensation of the Word and Sacraments, together with some digressions (I confesse) in which how defective our Ordinary hath beene, in part is declared.

Let us now consider of the second, which is in chasing away the Wolfes which come to kill, & to destroy; repre­sented [Page 80] unto him in his pastorall staffe, given him in his con­secration, with words, declaring that thereby his office is to governe & to defend his flock from the jawes of all rave­nous beasts, who seeke to prey upon the same. Now let us consider how well our Ordinary hath used this his baculum pastorale, this his sheep-heards staffe, or whether to any bet­ter purpose then he hath done his Bible before given him. And for proofe heereof (good Reader) thou art to under­stand, that upon the 29. of April, being the feast of S. Peter Martyr, and S. Catheri [...] of Sienna, in the yeare of our Lord 1631. a certaine Franciscan Friar, by name Thomas Babe, did in the Cookes-street of Dublin, in a publick audience, pub­lish this doctrine: That forsomuch as a certain Spanish Nun (called Luissa) of the Order of S. Clara, had a Revela­tion: That whosoever should fast upon the next Saturday af­ter they heard of her death, should never dye in mortall sin, or of any evill death; The aforesaid Fr. Babe perswaded the people then present, to under-take so holy a pe [...]ance: u­pon which, very many both in the citty & countrey (as they did believe his doctrine, so did they keep very carefully the same Fast; among which our Ordinary Th [...]. Flemming aliàs Barnwell, to give example, did the like. Neither was that do­ctrine only then, but sundry other times also taught by that false Apostle, in divers other places of this City & Diocesse.

Another Friar also of the discalced Carmelites, by name Iohn Plonket, as well in publick assemblies, as also in private conferences, hath endeavoured to perswade the people this damnable doctrin: That whosoever shall take the Sc [...]pulare of the Carmelites, & weare it upon his body, saying such prayers as thereunto belongeth, they should never dye out of the estate of grace, & the favor of God, but at the furthest, the next Saturday after their deaths, they should be admit­ted into the Ioyes of Heaven. These I doubt not to call hel­lish doctrines broached by these false teachers in these later dayes to draw us from our salvation in Christ, & from the merites of his bitter death & passion, destroying, [...] utterly [Page 81] subverting our holy faith, received from the mouth of our Saviour & his Apostles, & continued in all ages from those times, till these our dayes, in the Catholicke Church. For re­medy whereof, in zeale of Gods honour, the preservation of our holy faith, & to prevent the danger of soules so abused, complaint was made unto the Ordinary, as our chiefe Pastor of this Diocesse of Dublin, for to see correction had there­of, as may appeare by a Petition made by two Priests, & in their names presented unto the aforesaid Tho. Flemming a­liàs Barnwell, by two worthy Citizens, the coppy whereof, is as followeth.

To which Petition no answer was ever yet given, neither doe we expect that any ever will be given, but rather we feare that this canker hath also possessed the head. And the rather for that we understand, that these errours doe more & more spread themselves thorough the bowels of this Kingdome: and by name that there is another Carmelite, [Page 82] called Patrick Donavan, native of the County of Corke, who persevers to teach the aforesaid errors and blasphemyes a­mong the people, to the great scandall of all good Christi­ans, And forsomuch as we can not find that any Friars do op­pose themselves either by word or writing, to these afore­said pernicious doctrines, but only the Priests of the Cler­gy, Therfore it may well be inferred, that all the Regulars of this Kingdome are infected with the same leprosie, & there­fore in time (if it be not already past time) to be separated from the rest of the body. The dayes were when Celestius, (a man of this Country birth) brought in Pelagianisme, and [...]clipsed with that foule cloud of heresie, the glory of the Church then in this Kingdome. After him againe arose a­nother false Prophet, and native of this Countrey, called Iohannes Scotus, about the yeare of our Lord 850. who in­troduced the Sacramentary herefie, both of them Monkes, whose wicked doctrines (had the serpent beene crushed in the egg) had never come to that growth or greatnesse, which afterwards they did. Where then (say you) was the pastorall staffe of the Prelate? Mary (say I) where now it is, farre from the backe of the Wolfe, but peradventure layde upon the loynes of the Sheep, as at this day we see it under this our Archbishop, in whose ten yeares government (for so long hath he possessed the Miter) both errour in doctrine, & dissolu [...]enesse of life, hath more prevailed in all estates, but especially among the Friars of his owne Order, then in the dayes of many of his predecessours. O what Legends might be made of the unhappy lives of his Friars in this kingdome of Ireland, within the compasse of these ten yeares! If either Christianity, Charity, or Civility would allow there of. I will onely in generall, which is lawfull, & with Cardinall Bellar­mine conclude this Chapter: In his Gemitus Columbae, lib. 2. cap. 6. Multiplicari coepernnt regulares sine numero, & multi non à De [...] vocati, ad statum perfectionis, sed alijs rationibus ad­ducti, monasteria repleverunt: & impletum est illud Isaiae non [...]. Multiplicasti gentem, non magnificasti laetitiam. Inde nata sunt [Page 83] scandala gravia, & multiplicia omnibus nota, quae materiam ube­rem prebent columb [...]e gemendi & plangendi relaxationem, ne di­cam corruptionem Ordinum religiosorum. Regulars have be­gu [...] 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: And that of Isay. 9. is fulfilled: Thou hast multiplyed the nation, but not increased their joy. Hence so many and grievous scandals, knowne unto all, which yeeld plentifull matter unto the dove of bewayling the loosenesse, I will not say the corrup­tion of religious Orders. So the Cardinall. In which words the Author seemeth unto me, not onely to inveigh against the wicked, and scandalous lives of many in Religion, but even against the relaxation and corruption of Religious or­ders themselves.

CAP. V.
Of the prophecy of S. Francis, fore-telling into how great sinnes of Avarice, Pride, and Contention with the Cl [...]rgy, his Friars in time should fall.

BVt why should I omit that testimony which of all other, should have the greatest force of Ar­gument, to convict our Friar Minors, of their moderne ungraciousnesse, & impiety? and if their hearts were not too rocky to convert them unto their an­cient and primitive piety, simplicity, and humility; I meane the prophecy of S. Francis himselfe, the Founder of their Order, as it is layde downe in the Chronicle of S. Francis, Tom. 1. lib. 2. cap. 28. in these words.

A time will come, when the religious of my Order, by the malice of the Devill, shall leave the way of holy simplicity, indifferently receiving all sorts of money, and all such lega­cies, as by testament shall be bequeathed them; & leaving so­litary, & humble places, will buiid faire & sumptuous houses [Page 84] in Cities, & townes, capable to entertaine Princes, & Empe­rours: then by favour they will procure priviledges of the Popes, thorough art, & humane prudence; and by thei [...] ear­nest importunity, they will obtaine requests meerely injust, though cloked with truth; by this means they will not only abandon their rule instituted by Iesus Christ against their so­lemne professiō, but will also ruine, & alter the purity therof, changing the good intention into perverse, and being armed by meanes of the said priviledge, against obedience, against other Religious, and against all the Clergy, when they shall expect to get the victory, the wretches shall find themselves falne into the trench which themselves shall have made, ga­thering no other fruite of their Seminary, but scandals; which they shall offer to God in steed of the salvation of soules, who seeing the same, shall be no more hence forward their Pastour, but their ruiner, according unto their merits. And therefore he will leave them entangled in the nets of Avarice, and their vaine desires, &c. So S. Francis in his a­foresaid Chronicle, printed & published by his own Friars.

And who can make question, but those times foretold by S. Francis, are now come, & that his prophecy in all points is fullfilled! And first for the praevarication of his Rule, in receiving of all sorts of money, we see it dayly practised by his owne Friats, in taking of Gold & Silver, & that as freely as any worldlings, alwayes provided, that they touch it not with their bare hands: but alas! what pennance or mortifica­tion is that? when as they may admit of it in a hander-ker­chiefe, a glove, or lapped in a browne paper? for being given them in that manner, the Capuchin himselfe (who professeth most strictly to observe the Rule of S. Francis) will most gently accept of it, & place it in his pocket. But shall wee thinke that S. Francis (so holy a man) had no deeper a consi­deration, in prohibiting his Friars so earnestly, and with so many words in that his short Rule, neither to aske, nor in any wise to receive money offred them, but onely (forsooth) that they should not handle the same? But that you may the [Page 85] better understand this their praevarication of the Rule, I will set you downe his owne words, I say, in that very same rule, which himselfe avoucheth (both in his Testament above ci­ted cap. 1. as also in these his words above alledged out of his Chronicle) to have beene instituted by him.

Quòd fratres non accipiant pecuniam.

Pracipio firmiter fratribus aniversis, ut nullo modo denarios vel pecuniam recipiant, per se, vel per interpos [...]t [...]m personam. Ta­men pro necessitatibus inf [...]rmor [...], et alijs fratribus indu [...]dis per amicos spirituales. Ministri tantum, & custodes sollicitam curam gerant secundùm loca, & tempora, & frigida [...] regiones, sicut ne­cessitati viderint exp [...]dire, eo semper salvo, ut (sicut dictum est) denarios vel pecuni [...] non recipiant.

That the Friars shall not receive money.

I doe commaund firmely all the brethren, that by no meanes they receive pence, or money, neither by themselves nor by another person; Yet for the necessity of the sicke, and for the cloathing of the Friars, by their spirituall friends, onely the Superiours, and Guardians, shall have great care of them, according to places, and times, and cold Regions, as they shall see it to be necessary. This alwayes remembred, that (as it is said) they receive no pence or money.

And this is one of those 7. formall precepts, which they all confesse to binde under mortall sinne, strictly commaun­ding them as you see, neither by themselves, nor by any other person, to receive any moneyes: Which precept now for a long time, by their common practise, is thus commodiously glossed, that onely they may not touch Moneyes with their naked fingers. But may it not with good reason be verified of these our gray Friars, that which our Saviour said of the Pharisees, & of the Scribes: B [...]n [...] irritum facitis praeceptum Dei, ut traditionem vestram serv [...]is. Mar. 7. Well you make voyde the comm [...]nndement of God, that you may observe your owne Tradition. This precept (as S. Francis hath left written,) was commaunded by Iesus Christ, and vowed by his Friars, & yet in the sight of all mens eyes violated. Nay, [Page 86] that our Mendicant Friars may make it knowne unto the world, that they are veri philargiri, true lovers of money, they every yeare sell and turne into coyne, many flockes of Sheepe, Hoggs, Geese, Turkies, Hens, Cheese, Egges; which thorough their shamelesse importunity, they have rather ex­torted, then begged, from the honest Farmer, charged with a great family, & a high rent, yea frō many a poore man & wo­man, who might hardly have spared it from their own hun­gry bellies. These things are not obscure or darke, or done in a corner, but in the face of the world, & in the eyes of this sun, & which this poore Kingdome, can feelingly witnesse with me. And verily it seemes the Friars mendicant were very little better conditioned in the dayes of King Henry the 6. in whose time Tho. Walsingham lived, a most pious and a learned author, whose words are as followeth, in the raigne of Richard. 2.

Mihi quo [...] videtur, tempora mala non tantum istis impu­tanda, sed generaliter cunctorum habitatorum terrae peccatis, in­clusivè ordines sumendo Mendicantium ad cumulandum causa [...] malorum. Qui suae professionis immemores, obliti sunt etiam ad quid ipsorum ordines instituti sunt, quia pauperes & omnino ex­peditos à rerum temporalium possessionibus eorum legislatores viri sanctissimi eos esse ideo voluerunt, ut pro dicenda veritate, non haberent, quod amittere formidarent: sed jam possessionatis invidentes, procerum crimina approbantes, commune vulgus in errore f [...]ventes, & utrorumque peccata comedentes, pro possessi­onibus acquirendis, qui possessionibus renunciaverant pro pecu­ [...]ijs congregandis, qui in paupertate perseverare juraverunt, di­cunt bonum malum, & malum bonum, seducentes principes adu­lationibus, plebem mendacijs, & utrosqu [...] secum in dev [...]um per­trahentes, in tant [...]m etenim illam veritatis professionem suam perversè vivendo maculârunt, u [...] in diebus istis in ore cujusti­bet bonum sit argumentum, tenens ta [...]de formâ, quam de ma [...]e­riâ. Hic est frater, Ergo m [...]ndax: Sicut & illud, Hoc est album, Ergo coloratum. Sed ne videamur livore scripsisse praesentia, fa­te [...]ur nos omnes in culpâ, & emendemus in melius, quae scien­ter [Page 87] peccavimus, & Deum pacis & dilectionis deprecemur attenti­ [...]s, ut f [...]at pax & veritas in diebus nostris. Tho. Walsinghamus in regno Ricardi 2. fol. 266. The same in English.

It seemeth also unto me, the wicked times not onely impu­ted to those, but generally to the sins of all the Inhabitants of the earth, including the Orders of the Begging Friars, to heap up the causes of these mischiefes, who (unmindfull of their profession) have forgot to what end their Orders were insti­tuted, because their legislatours & instituters (most holy men) would therefore have them poore, & altogether free from the possessions of temporall things, that for speaking of the truth, they might not have any thing, which they might feare to loose. But now while they envy such as have possessions, ap­proving the faults of great men, nourishing the common peo­ple in error, & eating the sins of them both, in seeking of pos­sessions, who have renounced possessions, in hoarding up of money, who have sworne to persevere in poverty, they call good evill, & evill good; seducing Princes with flattery, the people with lyes, & drawing both of them with themselves astray, 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: Therfore a Liar. Even as that: This thing is white, & therfore hath a color. But that we may not be thought to have written these thigns of malice, let all of us acknowledge our selves to be in fault, and let us amend what willingly we have done amisse, & beseech the God of peace & love more devoutly, that peace & truth may be in our dayes, So that holy Monke Tho. Walfingham, in the raigne of Richard the 2. fol. 266. He died in the yeare 1440.

But because (as our Saviour saith:) In ore duorum, [...] trium testium, stat omne verbum, Math. 18. in the mouth of two or three witnesses, every word is confirmed, & made good: Hark also (gentle Reader) what AEneas Silvius (who after was Pope & called Pius 2.) left written to posterity, in commentario de re­bu [...] à se gestis, of the Avarice of the Mendicants, his words are as follow.

[Page 88] Religiosos [...]o [...]unquam vidimus, quos Mendieantes appellant, & Auricontemptores videri volunt, dum vivendi finem fecissent, magnum peculium reliquîsse, è quibus unum nouimus, qui a [...]r [...] nummum septem & dece [...] miilia veteri muro incluserat, quae pau­latim mendicando, plorandoque intervetusas ingenio subtili corra­serat. We have sometimes scene the Religious, whom they call Begging Friars, & would seeme to be contemners of Gold, at their deaths to have left great riches, of which sort we have knowne one, who had hid 17. thousand pieces of gold, shut up in an old wall, which by begging, & weeping amog old wives by his crafty withe had scratched together: Of this Author Card. Bell. [...]. in his Book de Scriptoribus Ecclesiasticis, saith; that he was vir doctus, & prudens, a learned & a wise man, & dyed in the same age with Walsingham, about the yeate of our Lord 1460.

What shall I say of Armachanus, otherwise called S. Richard of Dundalk, that holy Bishop of Armagh & Primat of all Ire­land, who in his book called Defensorium Curatorum, did dis­cover & lay open before Pope Innocentius 6. & his Cardinals at A [...]ignion in France, their notorious vices of Ambition, Dis­obedience Pride. Covetousnesse, Lecbery, & the like; which book of that famous Prelat, worthy to be written in letters of gold, I wonder that to this day it hath not found an English Interpretour. Among others of their vices declaring their co­vetousnes and greedines in begging, he hath these words:

I am enim istis temporibus, non poterit magnus out mediocris in cl [...]o & populo vix cib [...]m sumere, ubi tales fuerint mena [...]cantes, &c. For now in these dayes, no man neither great nor little a­mong the Clergy, can scarcely take his meat where these beg­gers shall he, not asking at the doore, after the maner of poore people, [...]bly an almes, as S. Francis commanded them in his will & Testament, & taught them to begg, but comming into the houses boldly without shame, & there guesting thēselves, (albeit not invited) they eat & drink such as they find, & ne­verthelesse carry with them. by extorting either Corne, or meale, or loaves. or flesh, or cheeses, albeit in the house there be no mo [...]: the [...] two: neither shall any body be able to deny [Page 89] them, unlesse he abandon all naturall shame: & I wonder they stand not in awe of Pope Gregory his sentence, who in a certain priviledge published, thus writes unto the Prelats of the Church. For that oftentimes vices do secretly enter under the shew of vertues, & the angell of Satan doth oftentimes trans­forme himself into an angell of light, we command you by au­thority of these presents, That if any confessing themselves to be of the Order of the aforesaid Friars, shall preach in your parts, converting themselves to the lucre of mony, wherby it shall happen, the religion of those who professe poverty to be defamed, you apprehend them as counterfeits, and condemne them. So Armachanus a native of this country, borne in Dun­dalke, where also now in S. Nicholas Church his bones rest, be­ing translated from Avignion in France, where he dyed An. 1360 whose singular learning, his Workes this day doe de­clare. Besides the testimony of Trithomius, in his Book de scri­ptoribus ecclesiasticis in these words: Ricardus Archiepiscopus Armachanus, & Primas Hiberniae, vir in divinis Scripturis eru­ditus, & secularis philosophiae, jurisque canonici non ignarus, ing [...] ­nio [...], sermone scholasticus, in declamandis sermonibus ad po­ [...]lum excellentis industriae. Richard Archbishop of Armagh, & Primat of all Ireland, a man learned in the holy Scriptures, and not ignorant of secular Philosophy, & of the Canon Law, of a singular wit, a schooleman in speaking, of excellent industry in making of sermons unto the people. So much for his learning. As for his life he both hath beene, & at this day is held in the Church for a Saint, no lesse then S. Patrick, and S. Columbe, yea that his canonization was proposed, and intreated of in the Popes Consistory; Friar Luke Wadding doth testifie, at this day living in Rome, which canonization hath hit herto not happe­ned unto any of the Irish, besides S. Malachias, Archbishop of the aforesaid seat of Armagh, and S. La [...]ence of Dublin. Of whose sanctity, the common people by ancient tradition doe cha [...] this Distich.

Notwithstanding because [...]is Pri [...]at of Armagh, common­ly [Page 90] called S. Richard of Dundalk (albeit his surname was Ralph) did much oppose himself unto the disorders of Mendicants, he by Genebrard, as also Alpho [...]sus de Castro, is branded with he­resie, but Card. Bellarm. more learned the [...]either of thē, gives him no such note. And albeit Friar Platus the Ignatian (thogh by some it is rather held to be the Work of his General, Clau­dius Aquaviva) in his Treatise De bono scatu religionis, lib. 1. cap. 33. writeth, that the aforesaid Ricardus Armachanus, be­fore Pope Innocentius 6, & his Cardinals at Auignion, did spue out many things against the state of the begging Friars, & not long after, dyed. Yet is it manifest by that very same Ora­tion, which then he made, that he spake not at all against the institute of any religious order, but only that he inveighed a­gainst their manifold relaxations, corruptions, & abuses; nei­ther did he dye soone after, for he lived three whole yeares af­ter he uttered the same, & left behind him a greater fame both of learning & sanctity, then either Platus or Aquaviva, or any other of his adversaryes hitherto have done. Armachanus made that Oration by Trithemius testimony de scriptoribus ec­clesiasticis 1357. upon the 8. day of November, & deceased in the Papall Court of Avignion 1360. 17. Calend. Decemb. So Henricus Marlesburgensis in Chronico, to which the Irish An­nals do agree. And so much of this Author & his testimony, as touching the Avarice of the Mendicant Orders in his time.

But alas, why should I looke behind me unto the times of yore, will not these our dayes, & this poore countrey yeeld us palpable examples of the Covetousnes of Friars, not to speak of their other vices? Somthing I have spoken before of their two ploughes of Begging Cap. 1. the one by retayle, the other by grosse. Now I wil speak a word or two of other 2 ploughs of theirs, no lesse working then the former. The first, of their Novices which they receive into their Order. The second of their cord, habit, &c.

And first for the men Novices. It is well knowne that the Friar will admit of none among them, but such as either bring them in good portions, or else such as they guesse will prove [...] out Beggars, to recompence in their industry what they are [Page 91] wanting in meanes. So as what patrimony a father would leave his son, either upon his preferment, or at his death, that the Friar will have, he will not abate a smulkin. If the Father stumble at it, he shall be terryfied with matter of conscience, as, Is not God Almighty worthy to have as much as the world? &c. or else with the authority of the Bishop of the Diocesse, especially if that Bishop be a Friar. And doe the Fa­ther what he can, he shall both part with his Son, & his mony.

As for their vowed Nunnes, they bring with them 700. or 500. & at the lowest rate 300. or 200. & 50. pounds sterling, & yet if they live in such pennance, & austerity, as the Friars per­swade us, surely they cannot spend by the powle, omnibus vijs, & modis, 10. pounds per annum. And yet notwithstanding all these marriage goods, (for so they call them) those virgins have their agents, who begge in the country for them, to bring them in almes, for it is a rule with our Nunnes, as well as with the Friars. Want, or want not, begge they must, besides what gifts the friends of those so rich maides, & so well descended, doe dayly present them withall. Now if a maide who is poore & hath no portion, or meanes at all, should offer her selfe unto their Nunneryes, were she as devout as Anna the daughter of Phanuel, of whom it is said, that she never departed from the Temple serving God, night & day in prayer & fasting. Luke. 2. & were she as chast as Susanna, [...]y had she the Virginity of S. Ʋrsula and all her eleven thousand Virgins, yet should she be put backe from the gate of the Monastery, as one of the 5. foo­lish Virgins, with nescio vos, I know you not.

Another plough of our Mendicants, I will not say the last, (for they better know then I, how many they have) is the cord or the Scapulare, or the Girdle, or the Breads of S. Nicolas, or the Rofary, as also the habite of their Orders, which brings no small profit unto them. For by such indulgences, graces and pardons, annexed unto them, there is procured unto the Men­dicants, infinite calmes and perpetuall Benefactours. For the people generally, whether thorough their ignorance, or mistea­ching, I know not, seeme much more at this day to stand in feare of Purgatory, then of hell it selfe. And they are perswa­ded [Page 92] that these things, together with their almes unto the Fri­ar, will save them from the flames of Purgatory. So as who a­mong them now is so hard hearted, as in his life time is not girt with a Cord? or [...] their deathes is not buried in a Friars habit? which habit if of your selfe you shall have no devotion to desire, the Friar will take occasion to visite you in your sickenesse, & although it be but 5. minutes before you decease, he will offer you to be buried in his habit; If you thanke him it is enough, it is taken for acceptation, albeit you say neither yea, nor no. On goes the habit so soone as the life hath left you, & so you are exposed till buriall, that all your neighbours may behold you. The great devotion of the party unto the or­der whose habite he tooke, is much advanced, his salvation is no whit doubted of, &c. Now you must conceive by all meanes that this habit is given you gratis, that is, of free cost, for else it were Simony, but yet I trust the friends of the party are not so unmannerly, but by all recknings be ended, they might as cheape have bought a piece of frize of an hundred yards. You know what Martiall saith, Pauperum dona hami sunt, Cum dant, tum maxime petunt. Poore mens gifts are hookes, when they give, then most of all they crave, & who poorer then the Friar, though little pinched with want. For they know well to distinguish, inter pauper tatem & indigentiam, twixt poverty & want, the first indeed they professe, but the second is with­out the compasse of their vowes, they leave that for the Cler­gy. And therefore Iohannes Rusbrochius himselfe a Monke, speaking of the Friar Mendicants of these times, in his booke called Tabernaculum foederis, cap. 123. hath these words, Men­dici, & pauperes dici volunt, & suam semper queri inopiā, & tamen omnibus abundare rebus. Beggars & poore they desire to be cal­led, & alwayes to complaine of their want; and yet to abound with all things. And me thinkes a Friar when he is on horse­backe, with his hatched Rapier, and his wrought Spurres, and meetes a parish Priest upon the way, in his fri [...], Stockins, and his brogges going on foote (happily twice as farre as the other is to ride,) & that to minister unto some poore sicke Creature in a Cot, he should be much ashamed of himselfe, especially [Page 93] when he calls to minde that precept of S. Francis in the 3. cap. of his rule. Non debeant equitare, nisi manifesta neoessitate, vel infirmitate cogantur. The Friars are not to ride, but compelled thereunto thorough manifest necessity, or sicknesse. So he, But verily in these parts it shall be much against the Friars humour to travell two miles out of Towne, not mounted upon an easie pased horse: Nay it seemes that the Friars who live among us, are of opinion, that the world would be scandalized to see them goe on foot. Well then let us leave the Friar on horse­backe, and returne we a little backe to our purpose of the ha­bit, from which we have made this short digression.

Were then our Friars really so charitable, & so liberall in be­stowing of their habits. And did they so much thirst after the good of soules, yea and so tender hearted as they could not en­dure that a soule should remaine some short time in Purgato­ry, but rather they would bestow upon the corps the habit of S. Francis, or S. Dominicke, for their rellefe. I then wonder (as Armachanus did well observe,) why they doe onely addresse themselves unto the rich & to the great ones, and not unto the poore, for surely our christian faith teacheth us that the poore have soules as well as the rich. And who can otherwise judge, but that it is as meritorious a deed to cover a poore corpes with a habit, who many times hath scarce a rag of a course sheet to shroude them in, as to bestow it upon the carcase of never so rich a man, for here is a soule, & so is there: there is ne­cessity, & the subject of an almes, & heere is none. But as Ar­machanus answers well for them, in his booke called Defenso­riorum curatorum. Non more Thobiae ad sepelcendum rupiunt cor­pora pauperum defunctorum, sed instar vulturun [...] ultra m [...]re ad quingenta miliaria sua alimenta odorando sentientium qu [...]unt. Not as Thobias did, doe they seeke for the bodies of the poore deceased, to bury them: but like unto vultures, smelling out their carions beyond seas five hundred miles doe they seeke food. So he.

Neither are these Mendicants comented with such profit, as they make of their habits, and sepultures from the Larty, but they must encroach also upon the Pastours; or parish Priest of [Page 94] the place, clayming not onely the honour of the funerall rites, & ceremonies, to be performed by themselves, but challenging all dutyes, offerings, and almes thereunto belonging. And here I may not forget what a late president of the Parliament of Aix in France, hath left written of the ambition of our Friars Minors in such occasions. I will give you his words.

Fratres S. Francisci qui se appellant Minores; ut nomen conso­net rei, debent esse minori loco, ideò tanquam humiliores, quia mi­nores non debent praetendere cōtra aliquos de aliqua praecedētia, &c.

The Friars of S. Francis Order, who call themselves Minors, as much as to say, the lesser; that their name may be agreeable unto the thing, they ought to be in a lower place, as more hūble, for that the lesser ought never to pretend for preceden­cy of place against any. Because in doing otherwise they should seem to go against their own Order, & estate, which is to be the lesser of all estates & Orders of the whole Vniversall Church; nay, which is more, since a certain time, they would have the name of minimi, that is, the lowest of all other, by vertue of a certain reformation. But I see that all this is but in word, not in deed. For that they will not only contend for equality with other Religious, but also with the Cathedrall Church: As I have seene in the Funerals of a certaine Noble & potent man, Francis Rollin: who for one onely houre was depositated in their Church; & in carrying of the Corps, they would not on­ly be in the last place before the Canons of the Cathedrall Church; but their Guardian said, That he ought to have the last place, yea after the Bishop himself then in place. Which how ridiculous it was, & ought to be, let all imagin. By which it may be seen what may be said of them, who when as they ought in all humility to strive with the lowest, yet will they contend for equality with the highest. Wherefore their pride can not more rightly be compared to any thing, then to the pride of Lucifer, who would be like unto the most High. Bar­tholomaeus Chassanaeus Praeses Senatus Aquaesextias in Catalogo Gloriae mundi parte 4. Consideratione 69.

Thus (gentle Reader) I have given theea touch of those dan­gerous doctrines taught by our Friars, tending to the evacua­tion [Page 95] of that great benefit of our salvation in Christ. I have shewed how farre our Archbishop, with all the rest of his Fri­ars are interessed therein. Moreover, both out of grave Au­thors, & lamentable experience of these times, I have discour­sed of those manifold and manifest enormityes of the Friar Mendicants, & more particularly of this Country: Their Ava­rice, Lying, Ambition, & Hypocrisie. Neither have published the secret faults of any. God forbid I should. It is not only a­gainst Christian charity, but humanity, so to do. If any say, It is not my part to handle these matters, & it concernes me not? I answer, I am one of those whom the Scripture calls barking dogs, I say 56. And whose office it is not only to barke at the wolfe when I see him a farre off, but if he come nearer me, to bite him too. Math. 7. And by Gods grace so will I do, so long as I have either tongue or teeth in my head. And so had I en­ded, but

CAP. VI.
A defence of our late Appeale.

THat I was requested by a friend, to lay downe the grounds & motiues which enduced M. D. Cadell & my selfe to publish in Print our late Appeale unto the See Apostolicke, from the gravamina or agrievances of the Archbishop, & the rather, for that the Friars, & those of his faction (as it is said) take great exceptions thereunto.

1. First then in defence of 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. [Page 96] 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 [Page 97] 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 Ʋrsulanus, not onely scosfing the R. Bishops of France, with all the most learned Doctours of Sorbon, & that [Page 98] 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.