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 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, 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 Apology, That there is no cauſe at all layde downe in the ſentence of the aforeſaid Excommunication, nor yet otherwiſe manifeſt: for which want & defect, they doubt not to avouch it Invalid.

But it will be ſaid unto the Minor of this Syllogiſme, That there is a cauſe expreſſed & nominated, yea and very much inſiſted upon in the Cenſure, to wi • , obſtinate diſobedience, continuall inſolencie, and that without hope of amendment, to the great ſcandall and diſaedification of many Catholiques, &c.

To which I anſwere, That Diſobedience is an univerſall cauſe, & hath many branches, ſpreading it ſelf farre & wide thorough the whole life of man. For example, there is diſobedience unto God, and that in as great variety as there be ſins & offences againſt the firſt & ſecond Table. There is diſobedience unto the lawes of holy Church. There is diſobedience unto the lawes & edicts of Princes, to Prelates, to inferiour Magiſtrates, to Parents, to Tutors, to Maſters of families, to Pedagogues, & to all lawfull Superiours, & that in an Ocean of matter & circumſtances. Now then forſomuch as neither vice nor vertue can be exerciſed but in their proper particular & individuall 〈◊〉 No act of the Prieſts diſobedience being heere m • ntioned, no cauſe of the Excommunication is expreſſed, & no cauſe, no cenſure. For it is a ſaying as true as common, That qui ambulat in univerſalibus, intendit decipere; He that walketh in univerſalities and generalities, deſires to deceive.

You know in your Civill & Temporall Courts, If a man be to be puniſhed either corporally, or by the purſe, his particular fault is ſet before his eyes, yea and made manifeſt to ſo many as pleaſe to take knowledge thereof. Is Titius an offender? Is he a wicked man? This is not ſufficient to doome him to puniſhment: And why ſo? becauſe there bee many kindes of offences, many ſorts of wickedneſſe. Is Titius a theefe, & hath ſtolne? Neither is that ſufficient to cauſe his puniſhment: And why? becauſe there be many ſorts of ſtealths & theeveries. But hath Titius ſtolne a piece of plate of ſo mauy ounces; an horſe, or a cow of ſuch a valew, from ſuch a man, ſuch a time, & in ſuch a manner: O when Titius is brought unto his tryall in open Court, & is convicted of his particular act & crime, either by his owne confeſſion, or proofe of witneſſe, then is Titius ſubject to the ſentence, and to the execution thereof.

Even ſo ſay I, diſobedience is a vice in univerſali, & therfore as not committable, ſo not puniſhable but in his particular Act. For they that know any thing, know this: that ſinnes cannot be committed neither in Genere, nor in Specie, but in Individuo per Iudividuum. But heere in the cenſure of the Archbiſhop, it is neither declared againſt whom, or in what matter this diſobedience was, or of what nature, or colout it is. The puniſhment is declared to be Excommunication, but the cauſe of it hangs in the cloudes of univerſality: and whether it will prove hayle, raine, or ſnow, no man knowes but by divination.

Now let any indifferent man judge, whether it be not a moſt illegall, & an exorbitant courſe of proceeding, for a man to know his puniſhment, & not his offence; to feele the one, before he be convicted of the other? And ſuch is the caſe of theſe R. Prieſts, who from time to time have demanded, urged, & required with all duty & due reſpect of their Archbiſhop, as alſo of his Councell of Friars: What this their diſobedience was, againſt whom it was committed, in what matter it conſiſted of, what nature it was of? And nothing anſwered, but ſic volo, fit jubeo: or as ſometimes it pleaſeth him to ſay: That he doth theſe things for cauſes and reaſons onely knowne unto himſelfe.

But if it were lawfull for Abraham, Moſes, & Iob, to reaſon with God Almighty: let me alſo with due reſpect aske of you my L. Archbiſhop, whether this be not to open a gap, & to ſet wide the ſluces of a full inundation to all injuſtice and impiety: I ſay, my Lord, to puniſh your ſubjects for cauſes & reaſons only knowne unto your ſelfe. For in ſo doing, you ſeeme to erect a new tribunall, & to bring in ſuch a forme of judgment among us, as the world hath not yet taken knowledge of, contrary to all lawes divine & humane, of God and man.

For firſt we reade in Geneſis 3. when Almighty God was to cen • ure our firſt Parents for their tranſgreſſion, he was not contented with his owne knowledge, but he cited them in perſon to appeare before him, ſaying; Adam, Vbi as? Adam, Where art thou? charging them with their particular diſobedience, in eating the forbidden fruit, contented to heare what they could alledge in their owne defence, before he deſcended to ſentence: yea, & as a grave Author writing upon that place, ſaith. Had not the devil bin ſentenced & damned before that time, he happily then had bin admitted unto his defence and purgation.

The like did God in the parricide of Cain, ſaying, Vbi eſt Abel frater tuus? Geneſ. 4. Where is thy brother Abel? The like he did in the deſtruction of the five Cities (notwithſtanding his omniſcience) no doubt, to preſcribe unto man a platforme of Iuſtice & Iudgment. Deſcendam & videbo, utram clamorem qui venit ad me, opere compleverint, an non eſt ita, ut ſ •• am. Geneſ. 18. I will goe downe (ſaith Almighty God) and I will ſee whether they have done according to the cry that is come unto me, or whether it be not ſo, that I may know.

So our Saviour in the proceſſe of the adulterous woman, Mulier, Vbi ſunt qui te accuſabant? Iohn 8. Woman, where be thine accuſers?

So hath he foretold us, what ſhall be the forme & proceſſe of the laſt Iudgment, at what time the ſheepe ſhall be ſeparated from the goates. Math. 25.

And thus have you ſeene ſome few examples out of Scripture, of Iuſtice exercited in Iudgment by God himſelfe. Now as touching humane Iudgments, who can make queſtion, but as Moſes made the Tabernacle according unto that patterne which was ſhewed unto him by God himſelfe in the mountaine, Exod. 25. So ought all humane Iudgments to be ſquared according to the divine. Of many to rehearſe ſome few examples.

Such was the judgment of Salomon in the cauſe of the two Harlots, about the quick & the dead childe. III. Reg. 3.

Such was the judgment of Daniel in the caſe of chaſt Suſanna. Dan. 7.

Such was the judgment of S. Peter in the matter of Ananias and Saphira. Act. 5.

And our bleſſed Saviour & Redeemer in that his Arraignment, where Injuſtice moſt of all did triumph in the ſeat of Iuſtice yet was admitted unto his anſwer, ſaw his accuſers, heard his forged crimes urged by his malicious enemies, & enforced againſt him by two falſe witneſſes, & laſt of all received his ſentence pronounced by the mouth of the unjuſt Iudge Pontius Pilate. Math. 27.

But theſe two venerable Prieſts ( 〈◊〉 I confeſſe not in a matter which concernes their lives) yet in a caſe which ſome will ſay, is more to be eſteemed then life it ſelfe, to wit, their honour and good name in the world, were condemned, not cited to Iudgment, abſent, and 〈◊〉 , at what time it pleaſed my L. Archbiſhop and his Fryars to ſit upon the Bench. And that which in all Iudgments, & by the Law of Nature ought to be the laſt & the percloſe of the whole proceſſe, was here the firſt, namely ſentence. For neither themſelves, or any in the place where they live, did ſo much as once ſu • pect any proceeding in any cauſe with them, or againſt them, till ſentence was proclaimed, and that as publickely as at the high Croſſe of Dublin: and themſelves condemned of Diſobedience; but how? As I have ſaid, in termes of univerſality: Of a Diſobedience wanting his exiſtence or being of a particular act, or fact: Of a diſobedience without father or mother, naked of all circumſtances; as time, when; place, where; & perſon, againſt whom. A ſingular judgment I confeſſe, and, not much unlike unto that which they ſay in ſome barbarous Countreyes is exerciſed: The man firſt hanged, and then his cauſe examined. O Nicodemus, Nicodemu • ! Thou a Iew couldſt ſay, Numquid lex noſtra judicat hominem? &c. Iohn 7. Doth our law condemne a man before he befirſt heard, and know what he hath done? But had Nicodemus lived in theſe dayes among Chriſtians, he would ſometimes have ſeen wrong, injury and oppreſſion, to have ſit in the ſeat of Iudgment.

I will then conclude this point with that ſaying of Feſtus unto King Agrippa, in the behalfe of that great Apoſtle S. Paul, when he was to be ſent priſoner unto C • ſar: Sine ratione mihi videtur mittere vinctum, & cauſas ejus non ſignificare. Act. 25. It ſeemes unto me a thing unreaſonable, to ſend a man bound, and not to ſignifie his cauſe. And is it not thinke you, a farre more unreaſonable thing to thruſt the people into the ſpirituall bondes and fetters of Excommunication, and not to ſignifie the cauſe thereof? And I wonder that our great Maſters in Iſrael, and you onely great Couucellours of warre againſt the poore Clergy; my Lord, I meane our Friars who profeſſe ſo great Schollerſhip, would not adviſe your Hon: (who happily by reaſon of your other imployments, cannot ſo well attend unto the ſtudy of the Canons) what puniſhment that Biſhop incurres, who excommunicates before the cauſe thereof be proved. See then for this, the Councell of Paris, with Gratian 24. q. 3. De Illicita. And I will for the eaſe of my Reader ſet downe the words. De illicita excommunicatione lex Iuſtiniani Imperatoris Catholici, &c. As touching unlawfull Excommunications, the law of Iuſtinian the Catholicke Emperour (which law the Catholicke Church doth approve and obſerve) in his 123. Conſtitution, cap. 351. hath decreed that no Biſhop or Prelate excommunicate any perſon before the cauſe bee proved, for which the Canons of the Church command this to be done, and for his unjuſt attempt he ſhall ſo long abſtaine from the ſacred Communion as ſhall ſeeme good unto his Superiour. So that Councell. And it appeares by the Canon, that ſuch Prelates incurve ſuſpenſion. See Ext •• de ſentent. Excom. Sacro. So S. Gregory the great abſolved the Biſhop Magnus, unjuſtly excommunicated by Laurence Archbiſhop of Millan. See S. Gregory lib. 2. Epiſt. 26. And the ſame Pope Gregory did puniſh Iohn a Biſhop, for inflicting of unjuſt Excommunications. See for this the place above cited, de illicita Excom. And let them conſider of this who teach, that our Biſhops cannot erre in their cenſures. That they muſt be obeyed in right and wrong, &c. But I ſhall have occaſion to ſpeake of that point hereafter.

Forſomuch then as you ſee the Law tells us, that no Excommunication can either be inflicted or incurred, before the cauſe thereof be proved. Let me humbly intereat your Hon: my very good Lord, for I ſuppoſe that you are neither too old to learne, nor my ſelfe too yong to teach: Nor doe I doubt, albeit I be inferiour to you in place and dignity in Gods Church, that it will either miſbecome my profeſſion, as being a Prieſt, nor my white haires, as now being Paulus ſenex, even Paul an old man, to preach unto you. That as well for the ſecurity of your owne conſcience towardes God, as to avoyde the ſcandall and obloquy of the world, as alſo puniſhment from the higher powers. That hereafter you will either make the cauſe of your Cenſures as well knowne and approved unto the world, as you doe your puniſhments, or elſe the puniſhments as private unto your ſelfe as the cauſes thereof. And ſo hoping your Hon. will take the premiſſes into your conſideration, I will deſcend unto the next point; which ſhal be to ſatiſfie ſome doubts, & to anſwer to certaine objections which may be made in the behalfe of the Ordinary againſt my two former Arguments, enforcing the Injuſtice and Invalidity of the Archbiſhops cenſure.

CAP. III. Certaine Objections in behalfe of the Archb. propounded, and anſwered.

FIrſt then it may be ſaid in defence and excuſe of the Ordinary: That the times are ſuch, as our Prelats in 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 4ly the Witneſſes: all which neede not to be abo • e five or ſixe perſons at the moſt. That Prelate then who can be ſo bold as to command his ſentence of Excommunication to be publiſhed in the hearing of ſo many hundreds, yea of thouſands, as my Lord Archbiſhop Thomas Flemming, alias Barnwell hathdone, yea and from time to time 1. publiſhed the ſame ſentence, leſt it ſhould grow ſtale, and out of requeſt How can he in reaſon pretend any feare of perſecution in granting a legall courſe of proceeding, in which the preſence of ſo few (as hath beene ſaid) is neceſſary. And therefore to doe the one, and to omit the other, is but to ſleight Iuſtice, and to oppreſſe the Innocent. And ſo much for the firſt anſwer.

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

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

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

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

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

For the ſecond part, which thorough the perſwaſion of the Friars, is in every old wifes mouth; & the ſecond word of every Artiſan & Tradeſman, That the ſheep are not to examine or queſtion the ſentence of their Pre • ate: the ſubject of the Magiſtrate. I anſwer, that albeit indeed the Inferiour can not reverſe or correct the judgment of his Superiour, & much leſſe may he puniſh him for the ſame (becauſe 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 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 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 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.

Now my laſt Argument in this caſe ſhall be Ad hominem: convincing my Adverſaries by their owne practiſe. As thus.

If it be not lawfull for the Subject or Inferiour to queſtion the ſentence of his Superiour: the Prieſt of the Biſhop. I then demand: How came it to paſſe, that in England of late, our Friars doe queſtion the commaund of the Biſhop of Calcedon, that moſt reverend, pious, & learned Prelat, who was placed over the Engliſh Cleargy by the See Apoſtolicke? Where • ore did the Monkes, as alſo the Ignatian Friars or Ieſuites, write diverſe bookes and treatiſes againſt him, which bookes we have ſeene and read; ſurely theſe Monkes were none of the Lord of Calcedon his Superiours at all.

Againe, What is the cauſe, why that libelling Friar of S. Francis Order, (cloaking his infamous writings under the name of Edmundus Vrſulanus, in his booke called, Examen Iuridicum Cenſurae Pariſienſis,) is ſo bold not onely to call in queſtion, but abſolutely to condemne the Excommunication of the moſt Illuſtrious Archbiſhop of Paris, publiſhed againſt ſuch as ſhall defend & maintaine the Eleven Propoſitions, commonly called the Iriſh Propoſitions; Vrſul •• us himſelfe being but a ſeditious Friar, and I trow none of the Archbiſhops Iudge or Superiour at all.

And to come neerer home: How came it to paſſe? That in Droghedah ſome ten yeares agoe, certaine of the Ieſuites being excommunicated, & that by name by Iames Plonket, then Conſervator Iuris for the Franciſcans: And certaine of the Franciſcans on the other ſide, excommunicated by an other Indge, at the procurement of the Ieſuites; neither one or other yeelded obedience to the aforeſaid Excommunications, but both ſtood ſtiffely in defence of their owne opinions, exclayming againſt, and condemning each other in publicke Sermons, to the great ſcandall & diſaedification of all good Catholiques: And yet neither was the Franciſcan, or Ignatian Friars Superiours unto thoſe Prelats, who for their ſakes fulminated thoſe Cenſures.

And laſtly to come home, & unto our owne doores: What ſay you gentle Friars unto this late example, & now in the mouth of every one, as well Proteſtant, as Catholicke, I ſay, of our Archbiſhop of Dublin, Thomas Flemming, aliàs Barnwell, Friar of the Order of S. Francis, who ſtands at this day excommunicated, yea Excommunicatus nominatim, & denunciatus, Excommunicated by name, & denounced; & the ſame by a Papall Excommunication, legally, & for moſt juſt cauſes publiſhed againſt him; & he not able to give any reaſon either of the Iujuſtice or Invalidity thereof, remaines obſtinately diſobediant, unto the See Apoſtolicke, to the great ſcandall & diſaedification of all Catholickes, not onely of this Dioceſſe, & Kingdome, but thorough the whole Chriſtian World. So as he who moſt injuſtly, & contrary to all courſe of law cenſured others, himſelfe is faſt bound in the tyes of an excommunication, & that from the See of Rome: So as it may truely be ſaid of him: Incidit in lequeum quem fecit, & ſuper caput ipſius deſcendet iniquitas ejus. He is falne into the Pit which he digged for others, and upon his head ſh. Il his iniquity deſcend. Pſal. 7.

To conclude then this point, and ſummarily to lay together what hath more largely beene diſcourſed. I ſay forſomuch as the Archbiſhop our Ordinary hath not troden in the ſteps of the ancient Fathers, not obſerved ſuch Rules as the ſacred Canons, Councells and Decrees of the ancient have preſcribed to him, and all other Iudges as their lawfull Superiours, as in all other their Court proceedings; ſo in awarding their ſente • ces & cenſures, but that the ſaid Lord Archb. in the caſe of the aforenamed Prieſts, moſt illegally, exorbitantly & a • omolouſly, hath proceeded by publiſhing his ſentence in the firſt place, which ought to be in the laſt, having omitted not onely ſolemnia juris, but eſſentialia juris, not onely the ſolmnities of the law, but even the very life, p •• hand eſſence thereof: As firſt a lawfull citation or calling unto their an • wer, the examination and probation of cauſe againſt them: neither hath, as the law requireth, mentioned in his ſentence the particular cauſe of the peoples Excommunication in hearing the Maſſes of theſe two R. Prieſts, but onely (as hath beene ſaid) in univerſali, in generall, & in the aire, to wit, diſobedience not individuated; they therefore except againſt his proceedings as moſt illegall, & corrupt: & confidently avouch, that the aforeſaid cenſure of Excommunication is nulla, irrita, & invalida; voyde, invalid, & of no force, & ſo to be held & eſteemed of all. And ſuch Regulars, whether they be Monkes, or Mendicants, which (like unto Ephrain againſt Manaſſes, & Manaſſes againſt Ephraim, but both againſt Iudah) doc labour to extinguiſh the Cleargy, & to draw unto themſelves as well the dependance and countenance of the people, as their purſes; & to that end do teach the Laity, that they ought to make great ſcruple of the aforeſaid Excommunication. They are falſe teachers, & of the number of them, of whom the Apoſtle ſpeaketh unto Ti • us. 1. qui univerſas domos ſubvertunt, docentes quae non oportet, turpis lucri gratiâ; who ſubvert whole houſes, teaching ſuch things as they ought not, for filthy lucres ſake. For the Citizens can well witneſſe with us, that they run from houſe to houſe, moſt ſeditiouſly incenſing, and ſetting the people againſt us, not regarding juſtice, or injuſtice, but what may beſt ſerve for the erecting of their ſo long deſired a Monarchy. And with ſuch diligence doe theſe apply their buſineſſe in this matter of the ceuſure, abuſing the ignorance & credulity of the Laity, as if they cannot draw the good man of the houſe unto their ſtraine, then they betake themſelves unto the good-wife, from her unto the children, Apprentiſes and ſervants, not ceaſing till they have put the whole family into a combuſtion & broyles one with another. While we in the meane time with patience have endured all the wrongs & injuries of theſe their ſeducements: yea till with their importunity, and many a falſe corner lye, they have made us as odious unto the people, as any male factours. For what cannot ſuch a multitude perſwade? Kinſmen to theſe, goſſips to thoſe, matching theſe couples, bringing cuſtome to that ſhop, giving here the Scapulare, there the cord, aſcribing ſuch vertue & protection unto them, as holy Church never taught, nay attributing ſuch grace & merit unto one Saturſdayes Faſt, after they heare & take notice of the death of a certaine Spaniſh Nun, called Luiſſa, as more can not be aſcribed unto the Paſſion of our Saviour Chriſt; well worthy to be ſwayled with faggots in the Inquiſition, for 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 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.

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 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 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, 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 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.

Cuncta prius tentanda, ſed immedicabile vulnu • Enſe recidendum; ne pars ſincera trahatur. All firſt attempt, if nought prevayle, its beſt. Cut off that part, which may infect the reſt.

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.

Aug. in ſermone de Quadrageſima.

Nos a communione quenquam prohibere non poſſumus nifi au • sponte confeſſum, aut in aliqu • , ſive ſaeculari, ſive Eccleſiaſtico judicio nominatum, at que , convictum. We can excommunicate no man, but him who either of his owne accord hath confeſſed, or hath beene named, and convicted in ſome ſaecular, or Eccleſiaſticall Iudgment.

Conc • lium Meldenſe c. 56.

Nemo Epiſcoporum quemlibet ſine centa, & manifeſta peccatcauſa, communione privet eccleſiaſtica. Let no Biſhop without a certaine and a manifeſt cauſe of a ſinne, deprive any of Eccleſiaſticall communion.

Concilium Aurolianenſe 4. cap. 2. & Wormacienſe. cap. 13.

Nullus ſacerdotum quenquam rect • fidei hominem, pro parvis & levibus cauſis, à Communione ſuſpendat, preter eas culpas pro quibus antiqui Patres arceri ab Eccleſia juſſerun • contemnentes. Let no Prieſt excommunicate any, for ſmall or light cauſes, beſides thoſe faults for which the ancient Fathers have commaunded the contemners to bee forbidden the Church. Againe.

S. Ang. ſerm. 16. de verbis Domini.

C • pisti habere fratrem tuum tanquam publicanam, ligas illum in terra, ſed ut juſt • alliges vide. Nam injuſt • vincula diſrumpit juſtitia. Thou haſt begun to account thy brother as a publican, thou binds him on earth: But take heed thou bind him juſtly. For Iuſtice doth diſſolve unjuſt bonds.

Alas then, ſhall we thinke that this glorious St, 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. 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 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: Mr Dr 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 Dr of Divinity, ait what time the aforeſaid Archbiſh. had made a moſt bitter invective Oration unto that aſſembly, againſt Dr Cadell & 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.

To the right Hon: Tho. Flemming aliàs Barnwell, L. Archbiſhop of Dublin. The humble Petition of Peter Cadell Prieſt, and Dr of Divinity.

HVmbly ſheweth unto your Hon: your ſuppliant, that whereas your Lo: the 6. of March laſt paſt, cauſed a • Excommunication lata ſententiae to be publiſhed againſt the Inhabitants of this Dioceſſe of Dublin, prohibiting them to heare, or to be preſent at the Maſſes of Paul Harris, & of Dr Peter Cadell Prieſts, without any crime or cauſe ever proved againſt the afore-named Prieſts, to the great ſcandall of the whole Kingdome, the diſaedification & ruine of many ſoules, & to the utter diſgrace & defamatiō of the aforeſaid Prieſts, being of good eſteeme & reputation in this city of Dublin.

Your Suppliant therefore conſidering the cenſure of Excommunication to be the greateſt and ſevereſt puniſhment with which the Church doth chaſtiſe delinquents, & notorious offenders, introduced & appointed by the ſame Church In medicinam, & non in ruinam animarum; and that the deliaquents ſhould rather be puniſhed, then the innocents. Your Petitioner in all due and canonicall obedience ſubmitting himſelfe unto your Hon: as his Paſtour, humbly deſireth that your L. would be pleaſed to take the matter uuto your mature conſideration, & that you may be pleaſed by due courſe of law to cite before you. Hon: the above-named Prieſts, Paul Harris & Peter Cadell, & that they may be brought unto their anſwer, (which hitherto they never have been) of whatſoever crimes may be layde unto their charge; & being convicted & found guilty, that they be puniſhed according to the quality of their faults; & in the mean time to releaſe the innocent People from ſo heavy a puniſhment, undeſervedly inflicted upon them, little knowing what it meaneth. But if on the contrary, the aforeſaid Prieſts ſhallbe found to be innocent & guiltleſſe, that then your L. will be pleaſed to reſtore them to their good name & fame injuſtly taken frō them, to their great hurt & dammage. And your Suppliant ſhall pray. Dated April 6. 1632.

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 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 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 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 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 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 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 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 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 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 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 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 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, 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 deliver my ſoule from lying lips, & from a deceitful tongue.

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

Charus erit Verri, qui Verrem tempore quo vult Accuſare poteſt. Iuvenal. Sat. 3. Deare he is to Verres, (though not for love, but feare,)

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

Now this Epiſcopall, or Friarly perſecution of the poore Clergy of this City, & Dioceſſe; began with the comming in of our preſent Archbiſhop, and the firſt tempeſt thereof, diſburdened it ſelfe upon that worthy and moſt venerable Prieſt, Fa. Iames Talbot then Vicar generall. A moſt learned, pious, & milde man, as all this Citty can witneſſe, et • ujus memoria fit in benedictione: about the ſame time it deſcended alſo upon Fa. Patricke Cabil, Fa. Luke Roch ſort lately deceaſed, & a moſt worthy man: (For as any Clergy man was of more eminency & ſufficiency, in learning, piety, & vertue, by ſo much alwayes was he held more to ſtand in the Friars light, for with theſe ever have beene our Friars warres, and • o • with others.) Till laſtly i • fell foule upon theſe two Prieſts D. Peter Cadell, & Paul Harris, in whom finding nothing that he could reprehend; The Biſhop (by the Councell of his Fryars) falls upon the moſt ingenious kinde of perſecution, & withall the moſt impious that ever in any age was practiſed, yea, I challenge all antiquity, ſince the Aſcenſion of our Saviour; to give an Example of the like. For firſt attempting by Regall power, rather then Epiſcopall, to baniſh them out his Dioceſſe, & that without alledging any cauſe againſt them, & finding this not to ſucceed with him, he then commaunds under paine of Excommunication, that none ſhould be preſent at their Maſſes, knowing that nothing could be more prejudiciall unto them, in regard of their temporall maintenance, nor nothing leſſe troubleſome unto the people. For 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 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 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.

Theſe Chapters following I • as wiſhed to adde by ſuch of my friends as are zealous both of the good of the Church, and of the Common wealth.

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.

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 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 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 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 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 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.

Conſecrat hic Paulus calamum, calami que labores, (Ante aras) Domino lata trophaea ſuo.

But this may not be done, till I have told another Fryar of his fault, & it is a publicke fault (for I meddle with none other) who when the Prieſt in his ſacred veſtiments is prepared to ſay, Introibo ad altare Dei, the Fryar in a moſt undece • t & • uſticall manner, will well • ecre juſtle him from the Altar, cauſing him to yeeld unto himſelfe the firſt time and place of begging, on which both Maſſe, Prieſt, and People, muſt attend, as if the Friar ſhould ſay, with the Satiriſt.

O Cives cives quarenda pecuni • primum eſt, Virtu • poſt nummos. I •• n.

And ſo the divine & fearefull myſteries being celebrated at no canonicall houre, the people are diſmiſſed at two a clocke, to go home to dinner. And if the pariſh Prieſt ſeeme to be diſpleaſed with the Friars behaviour, or give the leaſt impediment unto his begging, he ſhall be threatned Excommunication, by vertue of his Priviledges, or elſe by the Biſhop of the Dioceſſe, to be diſcharged of his place. As we have lately ſeene practiſed in the Dioceſſe of Kildare, under their Dominican Biſhop.

The conſideration of theſe our miſerable times in Ireland doth often make me to thinke, & to reflect of the dayes of Heli the Prieſt, 1. Reg. 12. where the Scripture ſayeth, Porrò filij Heli, filij Belial, neſcientes Dominum, 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 owne turnes. Thoſe who doubt of the truth of my ſpeeches, let them but upon ſome Feſtivall day, walke unto the next Villages, as Cromlin, Caſticknock, Palmerſton, or Lucan, &c. and they ſhall be both eye & eare witneſſes of much more then I have ſaid. But & if they will take the paines to make a journey ſo farre as Connagh, then I will promiſe them that there they ſhall find our Friars rather latrones, then mendicos, more to ſmell of the Theefe, then of the Beggar. For without any leave or liking of the honeſt Farmer, they will make bold to ſearch his Arkes, & hutches of Corne, Meale, Malt, & thence to take away what they pleaſe, for who can controll them? Moreover, I am credibly informed by divers of very good note in thoſe parts • That many times they will drive together all their neighbours ſheepe into one fold, & knowing every mans marke, they will chooſe out what Muttons they like (and I beſhrew them if they take not the fatteſt) & who is he that dare ſay, they doe amiſſe? To ſuch a potency they are growne (even in a ſhort time) in this Kingdome, that they are become not only terrible unto the people, but not to be ruled by the lawes of the Church, and the inſtitutes of their owne Orders.

And even as in the dayes of King Henry 8, of late memory, the manifold abuſes not onely of the Laity, but even of Church men, did caſt them out of theſe Kingdomes, and brought that deſolation upon them, which to this day their poſterity doth inherite. So let us never thinke to repayre our ruines, with thoſe exceſſes, and diſorders, which were the cauſes of thoſe ruines. For doubtles the ſame cauſes, ſooner or later, will have the ſame effects. Now certaine it is, that as ſome of the Eccleſiaſticall order might be tainted with much pride & ambition, by meanes of their great plenty & abundance, & not free alſo from covetouſneſſe, yet the Mendicant orders according to the courſe of mans naturall corruption, are more prop • nſe and inclined unto the dropſie of Avarice, & ſuch vices, as follow thereupon, th • n either the Clergy, or any other eſtate & condition of men, who having a competency of ſome ſettled meanes, may well attend their vocation with tranquillity, & contentment of minde, (I ſay, their mediocrity of meanes under God, defending them from too much anxiety, and care of future wants.) When as the Friar Mendicant, being habituated in begging, & continuall receiving of almes, & expectation of uncertain gifts, dwels ever in cares houſe, his wants as well imaginative, as reall, like unto two fore-ſwarty forge-men, ſtill beating, & hammering upon the head-piece of his imagination, permitting him not to take any reſt, yea without a ſpeciall degree of Gods grace, the beggar is ever ſad, melancholy, humorous & greedy, nor ordinarily ſo well provided as he ought to rely upon that providence, which ever takes place of humane diligence. For example, give a convent of Fryars, though but of 20. perſons, five hundred pounds in almes this day (which is a faire proportion) you ſhall ſee them to morrow as induſtrious in begging, as if you had given them but ten ſhillings. For even as Hawkes halfe gorged are more eager of prey, then theſe which are kept faſting, ſo fareth it with the Mendicants, who looke not ſo much to what they have allready gotten, as what they have not yet obtained, nor what for the preſent they enjoy, as what in time they may come to want. Nay the Friar though never ſo well accommodated, abounding on every ſide, with rich kinred, friends & Benefactours, amidſt his owne nation where probably he can never come to looke neceſſity in the face, & having alſo Dominus vobiſcum, as a ſure buckler (in the hands of a man of good comportment) to defend him alſo from want: yet compare this Friar Mendicant not now to a Clergy man (as we have already done) but even unto the 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, 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 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 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: Si quaeras quis ſim? Respondeo, & Anglus, & exul, Inſuper & Cleri pars ego parva fui. Quàmque fidem docui, tenui, mea 〈◊〉 ina planxi, Omnis & in Chriſto, ſpeſque, ſaluſque mea.

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 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 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 at Leons in France 1587. lib. de Clericis cap. 28. But for the further clearing of this point: Forſomuch, as I am in the Negative, & our Archb. with his Friars in the Affirmative. If they will maintaine, that the law above cited in the beginning of this Chap. was ever in viridi obſervantia, in due practiſe within theſe Kingdomes of England & Ireland: I ſay, it is their parts by examples of Caſes pleaded, of Iudgments, & Sentences, in ſuch & ſuch Eccleſiaſticall Courts of Biſhops, or their Vicar Generalls, or their Chancellours, to ſhew out of ſome auncient Records of the afore-named Courts & Tribunals, what may make for the confirmation of their cauſe, which I aſſure my ſelf they ſhall never be able to doe; no not ſo much as to afford us one onely preſident, though nothing be more common in the Common-law, then Biſhops, Abbots, Prieſts, &c. convented in the temporall Courts, in Civill cauſes, even in the beſt & moſt Catholick times, no leſſe then at this day. Hence are thoſe Writs of temporall Courts unto the Diocaeſan Biſhops, venire facies Clericum, as alſo the Writs of Prohibition unto Eccleſiaſticall Iudges, as ancient as our common-lawit ſelf, which like unto Melchiſedeck, knowes neither father nor mother.

Why then doth our Archbiſhop Thomas Flemming aliàs Barnwell, together with his Friars, noyſe it up and downe both Citty & Countrey, That A. B. Prieſt, is excommunicated • jure for calling C. D. Prieſt into the Court of the Kings Bench, for detayning & with-holding certaine of his Bookes from him moſt injuriouſly, as was determined lately by the Lord Chief Iuſtice? (eſpecially the aforeſaid Prieſt A B. firſt having made his complaint unto his Ordinary, the aforeſaid Archbiſh. & could not be heard.) Shall we ſay, That our Archbiſhop and Friars are either more wiſe, more learned & vertuous then the Biſhops, Paſtours, Prieſts, & the whole Clergy for ſo many hundred yeeres paſt: ſo many Kings, Iudges & Iuſtices: in whoſe Tribunals that courſe hath ever beene held? O no, I cannot bee of that minde, but that theſe were as well ſeene in all Lawes divine & humane, & as obedient children of the Church, and as reſpective of the Cenſures thereof, as we their poſterity be. To conclude then this point, I confidently avouch, and will maintaine againſt theſe our Innovatours, who labour to infringe the auncient Lawes, & immemorable cuſtomes hitherto from our very cradle of Chriſtianity received, allowed, and practiſed both by the Church and Common-wealth, in theſe his Majeſties Kingdomes; That they declare themſelves by ſuch their audacious attempts, neither to be good members of the Church, nor yet good ſubjects unto his Majeſty.

CAP. III. How the Archbiſhop Tho. Flemming, aliàs Barnwe • l, Frya • of the Order of S. Francis, uſurpet is a power never before heard of in this Kingdome, to wit, at his pleaſure to baniſh the Kings ſubjects, not onely out of his Dioceſſe, but out of his Province.

IT is ſaid, That Exilium eſt mors civilis; Baniſhment is a civill death: And therefore in all reaſon not to be inflicted but by lawfull authority, and for very grievous offences. And firſt it is confeſſed by all Divines, that Epiſcopall power in puniſhments, is confined to the three Cenſures, of Excommunication, Suſpenſion, & Interdict; according to that of the Apoſtle, Nam arma militiae noſtra non car • alia ſunt, &c. 2. Cor. 10. For the weapons of our warfare are not carnall, 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, 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 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 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 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 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 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 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, 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: Flumina tum lactis, t • m flumina nectaris ibant, Flavaque de viridi ſtillabant illice mella. 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 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 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 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.

The Petition of D. Peter Cadell, and Paul Harris, Prieſts. To the R. H • n. Tho. Flemming aliàs Barnwell, Archbiſhop of Dublin.

H • mbly complaineth unto your Hon. your Petitioners, of divers moſt falſe & damnable doctrins, lately taught & publiſhed by Friars, as by Friar Babe Cordilier, and Friar Iohn Pl • nket Carmelite, to the great ſcandall of the Church, & deſtruction of many ſoules; beſeeching your Hon. as chief Paſtor of this Dioceſſe, to call the aforeſaid Friars before you, as alſo us your Petitioners, whereby you may underſt •• d what in the premiſſes may be witneſſed againſt them. And ſo your Petitioners ſhall pray.

March 27. 1632.

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, 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 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 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 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, 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 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.

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 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.

Many a 〈◊〉 have I gone, and many did I 〈◊〉 . But never ſaw a holier man, then Richard of D •• d •• ke.

Notwithſtanding becauſe •• is Pri • at of Armagh, commonly 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 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 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 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 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 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. parte. lib. 13 cap. 7. dubio. 8. S • t. lib. 4, q. 6. ar. 3. And all other Writers. If then to make more publick what already is publick, be lawfull: it skils not whether that publication be written or printed, writing or printing being but accidentall to publication.

If you ſay; But thoſe foule exceſſes laide unto the charge of the Archbiſhop, ought at leaſt to have bin concealed from the Proteſtants. I anſwer, (as in part I have done before in my Epiſtle unto the Reader) That as among us a mixt people, the manifeſt faults & exceſſes of Proteſtants, cannot be concealed from the Catholicks: No more is it poſſible, that the manifeſt faults & exceſſes of our Catholicks can any wiſe be hidden from the Proteſtants, of which nature & quality are thoſe 8. aggrievances, which we layde down in our late Appeale.

Beſides, who ſeeth not, that it is the delinquents thēſelves, who firſt manifeſt & make publick their own diſorders, & by ſuch manifeſtation they come to be known of others, who in their own juſt defence may make uſe therof, by way of juſtice, to haue the ſame reformed or corrected: how els could it be lawfull to bring any perſon in queſtion, upon crimes in courts & Tribunals? And how comes it to paſſe, that we have both heard 8 • read of Prelats, not only excommunicated, or ſuſpended, but ſomtimes depoſed for Hereſie, Schiſme, Simony, &c. I ſay, If their own faults might not be further publiſhed.

2. Secondly in defence of Printing our Appeale, I ſay, that an Appeale is a juridicall inſtrument, of his owne nature, admitting publicity no leſſe then all other court pleadings, as Bills, Anſwers, Orders, Sentences, Iudgements, Executions, & the like: All which proceſſes of publicke courts, may be notified through the world, either by pen, or Preſſe.

3. Thirdly we committed that our Appeale, the rather unto the Preſſe, for that we ſuſpected our Ordinary would not accept it at our hands, having often before denyed to receive any letter, or Petition, from ſuch ſuiters as deſired juſtice of him, & ſo de facto, it came to paſſe. For firſt perſonally, & in pen hand, we preſented this ſelfe ſame Appeale unto our Ordinary, Iune 21. an. 1632. who refuſed to receive it of us. Wherefore that it might be ſufficiently knowne that we did. Appeale from his manifold tyrannies, to a higher Tribunall, which benefit of the canon, for that he both hath & doth continually ſeeke to deprive us of, and debarre us of all audience, we held it neceſſary (and as by our learned councell we were adviſed) to notifie his manifold and manifeſt injuſtice: omnibus Chri. fidelibus.

4. Fourthly, None can Appeale from the court of the Ordinary to a higher Tribunall, but of neceſſity he muſt lay downe the cauſes & grounds, why he declines the judgement of his Ordinary, otherwiſe his Appeale is not onely voyde in law, but he is puniſhable for the ſame. See 2. q. 6. cap. Quicun • , & cap. emaino, de appellationibus in 6. & ibi, gloſſam. Item Sayrus de eenſ. lib. 12. cap. 17. num. 34. with many Doctours by him cited: So then thoſe 8. Gravamina layd downe in our Appeale, being the cauſes why we declined his juriſdiction, wee could not omit the ſame.

5. Our fift reaſon is Ad hominem, as thus: Our Ordinary Thomas Flemming, aliàs Barnewell, thinking good to prohibit the people our Maſſes, under Excommunication, he layes downe for his ground, our diſobedience & continuall inſolency, without hope of amendment, &c. as may appeare by the firſt lines of his cenſure prefixed unto this work (which cauſes althogh above at large are proved to be meerly his owne inventions) yet true or falſe, he made no ſcruple to publiſh them in open Auditories & aſſemblies, when the greateſt concourſe of people might be had, to our great diſgrace, ſhame, and infamy (as much as in him was.) If this (I ſay) was lawfull for him to do againſt us in matters ſo falſe (as we dayly challenge him to the proofe of them) may not we doe the like in our juſt defence, in his moſt notorious crimes, to which every day we offer our ſelves to the tryall and touchſtone of proofe, before any Tribunall which is pleaſed to take knowledge thereof?

6. Laſtly, our Archbiſhops faction dayly writes, and prints againſt us of the Clergy, witneſſe that infamous Libell, called Examen juridicum cenſurae Pariſienſis, under the ſaigned name of Edmundus Ʋrſulanus, not onely ſcoſfing the R. Biſhops of France, with all the moſt learned Doctours of Sorbon, & that famous Vniverſity of Paris, in moſt baſe & contumelious language traducing them: but alſo charging five R. Prieſts of this Iriſh Nation (& that by name) with lewd aſperſions, of which himſelfe dare neither give his name (by which he may be knowne) nor ſhew his head to the juſtification. Nay, not ſparing to blemiſh the fame of the moſt Ill: Archbiſhop of Paris, being himſelfe (as is confeſſed by his owne faction) a Friar Minor, (but more they neither will, nor dare give us of him,) which libelling Pamphlet of that Friar, is in ſuch high eſtimation with our Archbiſhop, as it is made his only Vade mecum: may not we then in defence of our good names, print what we are daily provided to juſtifie, firming it with our own proper names, by which every houre we may be knowne & challenged, as we did that our aforeſaid Appeale, to ſo many perſons as we did communicate the ſame unto? And as I my ſelf the Author of this Book Paul Harris, do ſubſcribe my name with mine own hand, offering my ſelfe to the juſtification of every word & ſyllable therein contained.

The next worke (gentle, judicious, & impartiall Reader) which thou mayeſt expect at my hands, is a full refutation of thoſe moſt impious & blaſphemous doctrines of the Friars, above-mentioned in Cap. 4. As alſo a compendions Treatiſe of the 6. Excommunications, 2. Exiles, 2. Suſpenſions, publiſhed & inflicted within the compaſſe of a few weekes by our preſent Archbiſhop, Tho, Flemming, aliàs Barnwell, with the cauſes, motives, & ſubjects of them all. And ſo ſubmitting my ſelf & all my writings, to the cenſures of the See Apoſtolick, beſeeching Almighty God of his infinit goodnes and mercy, to grant us his grace, ro live and dye his ſervants. I heere end.

Qui ve •••• s mutant ritus, legeſque refigunt Quas •• êre Patres, & nullo compede vivunt: Hi ſunt qui patriae, clero, populoque minantur Excidium. Tu priſca fides borum agmina vitae. FINIS.