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.

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 re∣ceiuer, 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 Re∣ligious are subiect to the gouerne∣ment 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 su∣preame Pastour of the Churh, who alone can limite and streigh∣ten the power and iurisdiction of Bishops For although the power and authority of Bishops be ordi∣nary and as they say, of the diuine law, yet it is extended to their sub∣iects

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 ex∣tend 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 ex∣emptions, partly out of the great loue and deuotion, that many Popes haue borne to Re∣ligion, and partly to take, away many iniurious abuses that by the continuall iarres of the cler∣gie did creepe into the Church, but principally for foure reasons, to wit for the greater vniformi∣tie 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. Whe∣refore 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 or∣dinaries, whose authoritie doth not extend it selfe so farre. Per∣haps some will say, that this au∣thoritie might be giuē to Bishops, I admit it, but they doe not con∣sider the great inconuenience that would come thereby, for supposing the bishop of this Dio∣cesse 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 toge∣ther, and then who shall be su∣periour

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 com∣mitt the charge to others who perhaps carelessly, or not so v∣prightly would performe that charge, and some times not vn∣derstanding the state of such Re∣ligious 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 order, who know∣ing the true state and manner of liuing might keepe them in a v∣niforme manner of life, and or∣daine lawes fitting for such a state. For practicall experience more auaileth for the aduancement of any good gouernement, than speculatiue knowledge drawen from bookes without practise, and yet this is the most that or∣dinarily those that are not of the same order haue. For this reason no doubt, Blessed S. Ignatius founder of the holy Societie of Iesus not lauing begunne any order of woemen, because his in∣stitution was principally to preach and teach, did particularly or∣daine, that none of his should

take charge and care of Nunnes, well knowing that diuersitie of spirits might cause diuersity of instructions, and consequently as many if not more confusions and so he would that euery one should looke to his owne charge and the sheepe be left to their owne pastours.

For such and many other rea∣sons haue Popes exempted most Religious orders from the go∣uernement and iurisdiction of Bishops. As in particular they haue donde to our order, for Ho∣norius 3. who approued our Rule did exempt both the Franciscans and Dominicans from episcopall iurisdiction, Innocentius 4. did it more amply, with many other. And that this third order is also exempted, is manifest by what hath beene said in the precedent

chapter; for if it enioyeth all the priuiledges of the first order, it must necessarily also enioy this exemption which is an especiall priuiledge, much tending to the good of their order. Besides di∣uerse Popes haue wholy submit∣ted it, and the order of the poore clares to the gouernement of the Friar Minors, as may be seene in the Bulles of Pope Martin the 5. Sixtus. 4. Leo 10. Clement. 7. with many others, as is to be seene in the Bullarie of Roderiques. Yea Clement the 7. doth extend this grace to their houses, monaste∣ries, Churches Prelats, seruants, men, and woemen, benefactors, persons, substance, and goods whatsoeuer granting them to vse and enioy all and singular the exemptions, priuiledges, immu∣nities, prerogatiues, indulgences,

indults, fauours, conseruatories graces, which the Friar Minors and Preachers and sisters of S. Clare, or any other whatsoeuer mendicant orders doe enioy, or shall enioy in future times, not only like vnto them or by way of Communication, but equally and principally without any dif∣ference, the Popes following as is said before, still giuing them the like exemptions. And Pius 5. ex∣pressely commands them to sub∣mit themselues to the order of the Friars, in all things to be gouer∣ned, directed, visited, and serued by the Friar Minors to whō al∣so they haue committed the care, and charge ouer them.