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A89642 The rule of penance of the seraphicall father S. Francis approued and confirmed by Leo the X. for religious persons of the 3. order of S. Francis : together with a declaration of each point of the Rule, profitable not only to the religous of this order, but also to all religious women / by Br. Angelus Francis, friar minour. Third Order Regular of St. Francis.; Angelus Francis. 1644 (1644) Wing M939B; ESTC R200641 90,610 395

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none can leaue the Order and that matrimonie made by them is of no force and that they are sufficient to dissolue matrimonie that is not consummated Innocentius the 8. hath confirmed the same and so hath Leo the 10. Clement the 7. and Pius 5. which two haue made more ample declaration of the Rule So that no man can doubt but that the professours of this Rule are truely Religious and that they enioy all priuiledges that other Religious persons haue Of this in the next chapter THE ELEVENTH CHAPTER What Priuiledges this Third order enioyeth VVE must still vse the former distinction for those that are of this Order and liue in their houses out of communitie doe only enioy those priuiledges that are granted to the Friarminors and are purely spirituall as indulgences absolutions and such like And so all those that doe not make the three vowes But those that liue in communitie and are subiect to the Ordinaries making the three vowes doe enioy all and singular the priuiledges that haue bene giuen peculiarly to the third Order which indeed are very many whereas those that are subiect to the Friar minors are participāt of all the priuiledges Indults and graces that haue or shal be giuen to the Friar Minors or poore Clares For to omitt other Popes Leo the thēth in Bulla Dudū faelicis cōmunicates vnto the Religions of this third Order all and whatsoeuer priuiledges that had beene granted to the poore Clares and before in his Bull Ea per quae he communicated vnto them that had beene granted to the Friar minors Clement the 7. in his bull Dum vberes fructus doth put all three Orders together and communicates to them all three all the priuiledges graces and grants that haue beene giuē to any Religious mēdicants or not mēdicants Iulius the 3. confirmes the same Paulus the 4. more amply as also Pius the 4. The same hath bene done but with limitation to the Councell of Trent by Greg. 13. Sixtus 5. and Celment 8. Whence it appeares that as these three Orders came forth from one rocke that is from the holy and seraphicall Father S. Francis as hath bene declared before so the soueraigne Pastours of Gods Church haue imparted equall graces and fauours which shewes the great esteeme that they had of this Rule and profession I omit here to set downe the particular Priuiledges that hereby haue beene grāted to this Order as being very many and obuious in the authors that haue spoken of the Priuiledges of our Order as Hieronymus Roderiquez Portell and others in the meane time there ariseth a question concerning their subiection to the Friar minors which requires another chapter THE TWELFTH CHAPTER To whom the religious of this order are subiect IT being certaine that euery true Religions man by force and nature of his state is subiect to some higher power which not only consists in gouerning and ruling their subiects but also in iurisdiction for no man can be truly Religious vnlesse He be lawfully receiued in the name of the Church which requires a spirituall iurisdiction in the receiuer who may admit of them punish them and such like The question therfore is in whom remaines this superiour power to doe the fore said things Moreouer it is certaine that setting aside exemptions all Religious are subiect to the gouernement of the Bishops in whose territorie or diocesse their houses are for the Bishop is Pastour of the whole flocke residing in his diocesse So that the exemptions which now all Religious enioy be nothing elfe but a freedome from the power and iurisdiction whereto formerly by nature of their state and law of the Church they were subiect which can be done by none but by the supreame Pastour of the Churh who alone can limite and streighten the power and iurisdiction of Bishops For although the power and authority of Bishops be ordinary and as they say of the diuine law yet it is extended to their subiects dependently vpon S. Peter and his successours from whom iurisdiction ouer such and such subiects is deriued so that the Pope without all question can modifie mitigate limite or extend their power as he shall iudge conuenient and requisite for the good of Gods Church And from him alone Haue beene granted to religious their exemptions partly out of the great loue and deuotion that many Popes haue borne to Religion and partly to take away many iniurious abuses that by the continuall iarres of the clergie did creepe into the Church but principally for foure reasons to wit for the greater vniformitie of Religion necessitie of their state alleuiation or easing of the bishops burden and the more exact gouernement of Religious persons Nothing is more necessarie in Religion than vniformitie which vnder the ordinaries could hardly be obserued for each Diocesse hath its seuerall customes and lawes and these Religious orders being dispersed through whole kingdomes in all places of the world should haue thereby a seuerall manner of liuing Wherefore Popes haue thought it more reasonable that they should be subiect to superiours who with as much vniformitie as may be might gouerne them in all parts of the world that so there may be no confusion amongst them As for the necessity of there state since no Bishop hath power out of his Diocesse to send forth any for to preach it is necessary that those orders that haue care and charge of preaching and teaching for the conuersion of indfidels and heretickes should haue some power to put this in execution and to send those that are sitting for such imployments without dependence of the ordinaries whose authoritie doth not extend it selfe so farre Perhaps some will say that this authoritie might be giuē to Bishops I admit it but they doe not consider the great inconuenience that would come thereby for supposing the bishop of this Diocesse send some one or two the bishop of the next Diocesse one or two more to the same place and so the like of others either these must liue as strangers one to another which is contrary to their institution or else they must liue in communitie together and then who shall be superiour to gouerne them Any one that hath the least experience in matters of Religion may iudge what inconuenience may come thereby Few perhaps doe consider the third reason vntill they feele the burden How soeuer all will say that the ordinaties are hereby freed from many troubles and difficulties of conscience for it were a thing morally impossible that the Bishop could by himselfe attend to all Religious persons or visite all Religious houses and therfore he must necessarily committ the charge to others who perhaps carelessly or not so vprightly would performe that charge and some times not vnderstanding the state of such Religious persons they were to visit or gouerne would cause many relaxations Wherfore for the better and more secure gouernement it hath beene ordayned that each order should be gouerned by superiours of their owne