Holinesse the Pope of Rome or immediatly by them selues are subiected to the gouernment and Jurisdiction of the Bishops of the Diocesses for these rendring their dutie and obedience to their Ordinarie neither can nor may any ways submitt themselues to the Jurisdiction of the successours of S. Francis And if we make reflection on the eminent high dignitie of a Bishop in his Diocese and the esteeme wee ought to haue of his soe singular and choice title of Ordinarie we shal find it doth import noe lesse then a Jurisdiction and power deliuered vnto him both by the natural and writtē law of God for God hath soe disposed in nature that the members of a body be subiect vnto the head and particular persons to the cheef of the Communitie seeing therfore all Christians are members of that particular Church of Christ in whose Diocese they are of which Church the Bishop is head and cheef it followeth that as members and parts of the same Church they reuerence and obey him as placed by God for their head and guide according to that saying of S. Cyprian It is established by Gods S. Cyprian l. 4. epist ◠law saith he that Churches should be constituted vpon Bishops and the parts of euery Church should be gouerned by the same Prelats and this authoritie or power is founded in those words of the 20. of the Acts of the Apostles wher it 's sayd The H Ghost hath placed you Bishops to rule the Church of God which he hath purchased with his bloud soe that it is more euident then the light at mid-day saith Dominicus Soto a learned author of that age libro 10. de Jure et Justitia quaestione prima art primo that Christ did institute the dignitie of Bishops which now is florishing in the miliant Church of Christ our Lord God at whose Consecration she vseth this prayier lett him be a faithfull and prudent seruant whom thou Lord dost appoint ouer thy familie to giue it meatein due season and to make euery man perfect Wherfore to descēd to particulars by way of Conclusiō seeing the poore Clares are of them which Christ purchased with his owne bloud seeing they are parts of that house which Christ built vpon the rock seeing they are children of Christs familie wanting meate and of them who must be made perfect to Christ they must therfore be also subiect onto him who by God is placed ouer them as Ordinarie and Bishop to rule the Church of God vnlesse by an extraordinarie and speacial priuiledge of the supreme Uicaire of Christ they should chance to be exempted from this his Ordinarie Jurisdiction and power which the Popes of Rome haue been soe farr from grāting that euen the contrarie hath been at seueral times by them declared in different and expresse Bulls as occasion required Which truth wil appeare more euident if we reflect how the order of Friar-Minors espeacially in time of the Generalate of S. Bonauenture procured of the Popes Holinesse an act wherby he declared them to be exempt and wholy free frō all charge and care of the said religious woemen Hence it followed that the Friar-Minors would by noe means admitt or acknowledge that they had any power or Jurisdiction ouer the said Religious of S. Clare but absolutely refused to come neer their Monasteries or to administer the H Sacraments vnto them vnlesse the sisters had first assured them by a publique Jnstrumēt in writing that their assisting them was out of Charitie and not out of obligation of dutie Hence F Emmanuel Rodericus a graue and learned Authour of the said Order in his 3. tome of Regular questions 72. quest 1. Artic. 3. Conclus plainly deliuered his opiniō and iudgment in point of the Friars hauing charge of Monasteries of Woemen in these words as followeth I wish saith he that all Nunnes of what Regular Jnstitute soeuer were subiect to the Ordinarie especially in our Religion of Friar-Minors in which we can not take care of their possessions and rents as others may And the seraphical Father S. Francis him self doth in this point abundantly declare his intentiō and meaning in those his words cited by F Wadding in his Chronicles on the yeare of our Lord 1219. S. Francis saith he intending his iourney vnto the Sultan in the East the Cardinal Protector Hugoline conferred with him concerning the care and gouernment of the poore Dames of S. Damian and other Monasteries which began to be multiplied The H Father replyed that for his part besid's that Monasterie only in which he had enclosed sister Clare he neither had built nor procured any to be built and soe had taken care of none but of that only of S. Damian in order vnto Regular discipline prouiding them some poore temporal means by begging for thē He added further that nothing did soe much displease him as that his Brethren in other parts earnestly endeauoured to haue houses built for Religious Woemē and to haue them vnder their gouernmēt and charge S. Francis it 's true neuer omitted to performe this charitable dutie towards the Monasterie of S. Damian wherin S. Clare was inclosed as F Wadding wel noteth and addeth further that this his example gaue exteriourly occasion vnto his Brethren to assist other Monasteries who either by persuasion or entreatie did soe intrude thē selues into those businesses that when the secret mischeef broke forth ād shewed it self as it hapned to their owne great domage vnder Urban the 4. they could not withdraw in time and shunne the inconueniences that insued F Wadding in the same place hath much more cōcerning this subiect which for diuers reasons J purposely omitt Jt followeth cleerly by what hath been sayd that neither S. Francis the Authour of this H. Rule euer intended to subiect these Religious Woemen vnder the Obedience of his Order but rather the contrarie nor that the Order euer accepted but rather opposed and shaked off this great charge and burden wheras notwithstanding acceptance on both sid's is necessarie to make a contract valid in Law as all Doctors vnanimously doe professe and teach soe that as Malderus wel noteth lib. de Jure et Justitia tract 1. cap 9. dub 10. Although it were certaine saith he and the case suspposed as true that S. Francis and S. Clare had made a contract one with the other she in the name of her sisters promising Obedience and he in the name of his Brothers to haue a perpetual care of the sisters that by this means they might the better obserue their sublime Pouertie yet because his successours did not fulfill and keep this his promise as we haue seene in the time of S. Bonauenture for this reason the promise of S. Clare hath long since ceased to oblige the sisters of these ages Neither must this seeme strange vnto any for the obligation of keeping a Law doth cease saith Malderus in the place afore-mentioned when the occasion or cause for which the law was made doth cease
more expediēt for their saluation but that he should procure the ancient Rule which the afore-sayd Abbesses and Nunnes had admitted in the first institution of their Order to be by them inuiolably obserued if thereby the good and perfectiō of their soules might be aduanced granting him power to compell by Ecclesiastical Censures without admitting appeale whosoeuer should contradict him He as by his owne Relation We haue vnderstood desirous with all diligence to fulfill our Commands perceiuing after serious deliberation it would be more profitable for them firmly to obserue the ancient Rule which in the very beginning of their Religion they had receiued by the carefull endeauour of our Predecessour Pope Gregorie of happy memorie iudged it noe ways expedient to receiue the new one or to haue the old Rule changed nor to forsake the former good and holesome way for an other newly found out or decline the accustomed for an vnaccustomed course of life Wherfore by power of our fore-said letters he gaue in writing a most strict command in Vertue of Obedience to the Abbesses and Nunnes before named not to admit in any ways the aforesaid new Rule at the command giuen or to be giuen by any Minister or Friar of your Order what soeuer but to keep the afore-said old Rule for euer in all ages to come And seeing it is contained in that new Rule that you the General and Prouincial Ministers of your Order haue Jurisdictiō ouer the forenamed Abbesses and Nunnes as it appeareth indeed that by that Rule Jurisdictiō is giuen vnto you and to other Ministers who for the time shal be the said Bishop gaue by Our authoritie in his letters an expresse Cōmand to you gathered to geather in a General Chapter of your Order at Genoua that you should not intermeddle here-after with any Jurisdiction ouer the forenamed Abbesses and Nunnes nor their Monasteries nor presume to exercise any authoritie ouer the same for the time to come And by other letters to the same Abbesses and Nunnes afore-mētioned he enioyned that they should noe more obey or be subiect vnto you nor to other Ministers that for the time should be but that they should humbly respect and obey him and such Visitours as he should appoint for their Monasteries But you not listning to the precept of the said Bishop as it was your duty neglected to obserue the same entring the fore-said Monasteries by your owne authoritie and good pleasure contrarie to the tenour of their Rule sometimes also designing and sending thither some of your Friars vsing endeauours that the fore-said Abbesses and Nunnes should not regard the Commands of the Bishop before mentioned often-times encountring and stopping his messengers and letters disputing moreouer yea and difinitiuely affirming that you were not bound to regard or obey the said Bishop but in some cases only Wherfore to you all and to all the Friars of your Order in Vertue of Obedience vnder paine of Excommunication by these Apostolical letters We by strict precept enioyne that you obey the afore-mentioned Bishop and his commands and letters in all things and that ouer the afore-named Abbesses and Nunnes or their Monasteries here-after you exercise no Jurisdiction whatsoeuer seeing that ouer them you haue none at all and that you neither endeauour by word or deed secretly or openly by your selues or others that the aforesaid Abbesses and Nunnes should not regard and obserue the commands of the said Bishop and that you neuer oppose your selues to his messengers or letters But rather seeing as wel your Order as theirs is committed by the Sea Apostolique to the care of the said Bishop who with a vigilant eye doth not cease carefully to procure the aduancement of both you are deuoutly to admit and inuiolably to obserue his precepts as wel in the things afore-sayd as in all others espeacially seeing that as wel you as all the Friars of your Order next to the Pope of Rome are bound to respect and obey your Cardinal appointed by the sea Apostolique to haue the charge and custodie of your Order Otherwise the sentence and censure which the aforenamed Bishop shal giue against such as disobey or rebell We wil ratifie the same and make it God willing to be inuiolably obserued vntil condigne satisfaction be giuen not admitting of any appeale to the contrarie notwithstanding any statutes priuiledges or Apostolical letters of what tenour soeuer they may be either granted or here-after to be granted to you or to any of yours or to your Order in any ways to the cōtrarie Giuen at Perugia the 17. day of March the tenth yeare of our Pope-dome A SPECIAL BREVE OF POPE VRBAN THE VIII To the English Poore CLARES in the Towne of Graueling wherby he restoares them to the Iurisdiction or Obedience of the Lord Bishop of S. Omers Pope URBAN the 8. TO Future Memorie Jt was lately proposed vnto Us in the name of our dearly beloued Daughters in Christ the Abbesse and Religious of S. Francis of the English Monasterie in Graueling caled Clarisses of the Diocese of S. Omers that the sayd Monasterie from the first beginning of its Foundation hath been subiect to the Gouernment and Jurisdiction of the Bishop of S. Omers since by his conniuance to the Order of S. Francis of Friar-Minors called Obseruants Whence the sayd suppliants faling into great difficulties with the afore-sayd Friar-Minors by Command of our Uenerable Brothers the Lord Cardinals deputed ouer the causes of Regulars and by an expresse Decree of our Beloued sonne the then Nuntius of the sea Apostolique residing in those parts bearing date the 23. of Februarie 1628. Wherby the afore-mentioned Monasterie was restored to the Obedience of the afore-said Bishop or Ordinarie enioying vnder his Jurisdiction much tranquillitie and peace And it being mētioned in the same expositiō that the afore-sayd suppliants desyred earnestly the restoring of the sayd Monasterie to the Jurisdiction of the afore-mentioned Ordinarie might be strengthned by the Confirmation of our Apostolical Decree We inclined to the requests hūbly presented vnto Us in their behalf doe absolue the said suppliants for the obtaining only of the effect of these and esteeme each one of them by force of these truly absolued from whatsoeuer Excommunication suspension or Jnterdict or from whatsoeuer other Ecclesiastical sentenses censures or punishment inflicted by whatsoeuer occasion either by man or law if in any ways they should chāce to be intangled in the same More ouer We approue and ratifie by these presēt and by Apostolical Authoritie the afore-confirmed restitution of the said Religious and Monasterie vnder the Jurisdiction of the afore-named Bishop or Ordinarie adding vnto it the strength of our Apostolical firmnesse supplying all and euery defect if any should haue hapned in law or fact whatsoeuer declaring the afore-sayd Decrees of the Lord Cardinals and Nuntius as also these our present Letters to be and be esteemed valid firme and efficacious and inuiolably to be obserued by all whome at
THE FIRST RVLE OF THE GLORIOVS VIRGIN S. CLARE AUDOMARI Typis Thomae Geubels 1665. Permissu Superiorum THE PREFACE THE Rule or forme of life which the Religious woemen of the order of S. Clare promise and professe to obserue is that which Blessed S. Francis at the earnest intreatie and request of S. Clare and her companions did write and deliuer vnto them about the yeare of our Lord 1224. and the 12. after her conuersion vnto God which she at Assisium with some other few Monasteries did carefully obserue for about 30. yeares although it was not as yet confirmed by Bull vntil the yeare of our Lord 1253. the 11. of Pope Jnnocent the forth and the last of her life She at least had that comfort some few days before her departure to see that Rule confirmed by Bull which her self for diuers yeares had freely and piously obserued which her successours in their sacred Professiō now promise by Vow to keep and follow and which the seraphical Father S. Francis had with much prayer and many teares framed and written The occasion or reason of her demanding or his writing of this Rule is mentioned by the R F Lucas Wadding in the 1. Tome of his Annals on the yeare of our Lord 1224 and 9. of Honorius the Third S. Clare à deuout disciple and true follower of the seraphical spirit of soe great à Master disdayning all things of this world and emulating such as were more eminent hauing vnderstood in the yeare of our Lord 1223. and the 8. of Honorius the third that that hard Rule of the Friar-Minors was giuen and by him confirmed she the yeare following with her companions of Assisium made earnest suit to S. Francis that he would please to giue in writing vnto her also and her sisters of S. Damian some Rule or forme of life besids what he had before deliuered vnto them by word of mouth conformable vnto that which was cōfirmed to the Friar-Minors the yeare before wherby after the death of soe great à Master as wel they as those who were to succeed them might be gouerned He after serious deliberatiō communicating the matter with Cardinal Hugoline then Protector of the Order of Friar-Minors and perceiuing the sisters feruour aspired yet higher as not cōtent with the Jnstitution giuen them by the said Cardinal Hugoline some few yeares before which the other Monasteries not withstāding except this of Assisiū were contēt and satisfied withall wrote for them à proper Rule and did accommodate the same to that of the Friar-Minors soe far forth as their weake sexe would permitt thē they both ouerseeing the work whilst S. Francis stayed at some word or periode Hugoline gaue him assistance and counsel concerning the circumspection or mitigation he esteemed needfull to be vsed in a matter of soe high cōcernment and in writing they could not forbeare weeping considering the Virgins zeale and feruour did exceed the ordinarie straine and weaknesse of their sexe This is commonly called the first Rule of S. Clare not because it was giuen first for it was deliuered rather in the third place and soe receiued by S. Clare but it is called the first by reason of fiue different Rules or formes of life giuen and receiued at differēt times For three being almost antiquated it may be called the first of the two remaining for better vnderstanding wherof J shal in breef only mention these fiue afore-named Rules togeather with theire beginnings Jn the yeare of our The 1. Rule Lord 1212. and 15. of Jnnocent the third the most Holy Virgin S. Clare began the order of poore Clares the 18. yeare of her age in a Monasterie of S. Damian without the gates of the Cittie of Assisium in the way towards Rome whēce they were know'n anciently by the name of Damiates or Assisiates wher S. Francis tought them a certain manner of liuing in common and gaue them an vnpolish't Rule such an one as was thē fitting for those that were newly conuerted from the vanities of the world they liuing vnanimously and deuoutly practising the said forme of life for the space of about six yeares Vntil the vertuous The 2. Rule Cardinal Hogoline who succeeded in the sea of Rome by the name of Gregorie the 9. wrote some directions with Jnstructiōs annexed which he first sent by his owne autoritie vnto S. Clare and her deuout Companie liuing in the Monasterie of S. Damian and being with zeale by them receiued he reduced them into a better forme and by authoritie of the sea Apostolique did adioyne these his Constitutions to the Rule of S. Benedict and sent them the second time to the said S. Clare and her sisters which they vnanimously receiued in the 4. yeare of the Popedome of Honorius the third and of our Lord 1219. Jn the yeare of our The 3. Rule Lord 1223. the Glorious Virgin S. Clare with her Companions of the Monasterie of Assisium zealously emulating the heigth of perfection in most sublime Pouertie did hūbly request that great Master of spirit S. Francis that he would please to frame for them a yet more setled Rule of life for present ād future ages which he wrote accordingly and deliuered vnto them in the yeare of our Lord 1224. they of Assisium punctualy obseruing it for aboue 30. yeares vntil it was confirmed by a Bull of Pope Jnnocent the 4. the 11. yeare of his Popedome and some few days before the happie death of the Glorious Mother S. Clare And this is the Rule which here we declare and treate of and the sisters of her Order doe promise successiuely in their Holy Profession to obserue and follow it which though third in number yet deseruedly beareth the name of the first Rule of S. Clare the two former being alreadie in a manner forgotten hauing only been in vse and practised about 12. yeares besids that as in all beginnings soe were those more rude and vnpolish't The 4. Rule or forme The 4. Rule of life deliuered vnto the Order of S. Clare is that which by sollicitation of some Friar-Minors without the cōsent or knowledge of S. Clare was vnderhand dealt for to be cōfirmed by Jnnocent the 4. the 5. yeare of his Popedome wherin diuers substantial points were changed and new on s inserted concerning the austeritie Pouertie subiection and such like J wil only touch in breife what Ludouicus Miranda a graue Author of the said Order of Friar-Minors doth mention concerning it in his first part of the exposition of the Rule of S. Clare 9. chapt This Rule 4.th in order was procured saith he by the suggestion and sollicitation of some Prelats of the Order of Friar-Minors certaine Abbesses ioyning with them without the priuitie or consent of S. Clare who hauing vnderstood the matter and that the Prelats of the Order intended to bind her and her sisters of Assisium as they had inforced other Monasteries to the acceptance and obligation of this new Rule she with
her sisters of Assisium highly resenting it that the said Prelats had sollicited and procured such a substantial change of Rule without her knowledge and being greatly scandalifed at them saith Miranda and at all those sisters that held with them refused vtterly to admitt of it and with all humilitie and modestie presenting these her grieuances vnto his Holinesse Pope Jnnocent the 4. with much afflictiō and sorrow for that he gaue eare to the sinister relations of the said Prelats and Nunnes that held with them she humbly requested that he would graciously please to recale the said Rule and approue and confirme that which the H. Father S. Francis had written and left them She at length preuailed soe far and with soe happie successe that after 5. or 6. years that is the 10. and the 11. yeare of his Popedome he sett forth two distinct Bulls by the former expresly commanding the said Prelats that in noe case they inforce the Nunnes of S. Damian to accept this new Rule which he declared to be voide and of noe effect By which Bull here annexed beginning Recto assumpto tramite faithfully trāslated out of an Authentical copie taken out of the great Conuent in Paris of the order of Friar-Minors by the Apostolical Nuntius then residing in France 1628. and by him sent to the English Monasterie of poore Clares in Graueling it appeareth manifest that the superiours and Prelats of the order of Friar-Minors neither haue nor ought to haue or exercise any Jurisdiction or Power ouer the afore-sayd Nunnes seeing as he saith that absolutely they haue none And by the latter Bull he approued and confirmed the Rule itselfe which S. Francis had made declaring that all the Nunnes of Assisiū ought by all means to obserue and keep it this latter Bull is also sett down at large being the Rule it self and Confirmation therof The 5. Rule is that The 5. Rule of Vrban the 4. who created Pope 6. yeares only after Jnnocent the 4. being informed the first yeare of his Popedome by the Cardinal Protector of the Friar-Minors that the Religious woemen of the Order of S. Clare made differently their Profession and Vow in diuers Monasteries according to different Rules and formes of life iudged it expedient to make a new Rule collecting out of others such things as seemed most conuenient for the condition and state of those Nunnes endeauoring as neer as might be to reduce them to Vniformitie and himself confirmed this said Rule by Apostolical autoritie as may be seen in Marcus de Lisbona in the 2. part of his Chronicles and 2. book Hence it appeareth that of all these 5. Rules here mentioned and at different times deliuered to the Religious woemen of the Order of S. Clare two only remaine in obseruance and vse to witt this latter drawn in order and deliuered by Vrban the 4. caled vsualy the 2. Rule of S. Clare or of the Urbanists and that other which was written by S. Francis as we haue sayd and cōfirmed some few days before the death of the Glorious Virgin S. Clare the 11. yeare of Pope Jnnocent the 4. and is know'n vsualy by the name of her first of her first Rule as wel in respect of that of Vrban the 4. which was ordered and brought into a forme of Rule 6. yeares after her death as of the 3. others which euen at that time were either antiquated or annulled Here needeth noe further addition by way of Preface vnto this first Rule of the Glorious Mother S. Clare seeing that the following Constitutions or Declarations lately approued and confirmed by his Holinesse Pope Alexander the 7. doe sufficiently according to their title declare and explicate what might seeme obscure and hidden in the text of the Rule This J only add by way of note that as in all other soe in this Holy Religious Order of S. Clare such respect and reuerence is due vnto the Holy Rule and Author therof as each word and letter is euer to remaine without change and inuiolable in its primitiue and first integritie although the Constitutions or Declaratiōs of the same must needs admitt sometimes varietie and change according to the change and circumstāces of time place and persons espeacialy when vniformitie and reference to the sacred Canons and Holy Councill of Trent shal soe require Hence it followeth that a law may be made voide that is by it self or by authoritie of higher power may cease to oblige and yet that same law or Rule shal remaine as it was first written and without the change of one only letter although in practice it is become voide out of vse and with out force as appeareth manifest in this very Rule of S. Clare wherof we treate And to giue you some few instances and examples we find in the beginning of the 2. chapt that there is mention of not admitting Nouices without the consent and licence of the Lord Cardinal Protector which seeing in practise it can not be complyed withall by reason of distance of place and other inconueniences the leaue of the superiour or Bishop of the Diocese doth suffice and yet the words or text of the Rule remaine intire as they were first written because once they had their effect and force though they be voide at present Againe in the end of the 3. chapt it is lawfull for the Chaplain to celebrate within the Monasterie for communicating of the sick and yet for many important reasons it hath been iudged needfull to alter it ordering that Masse be celebrated without the Monasterie and that afterwards the sick within if needfull may be cōmunicated Thirdly in the 8. chapt it is mentioned that some secular Persons may enter the Monasterie to visit the sick which now is expresly forbidden by the H Council of Trent in the 25. session and 5. chapt that none enter but with such restrained conditiōs as are there specified Lastly to omitt diuers other such like instances and examples which in this Holy Rule occurre frequently J wil only mention one more which by mis-vnderstāding might proue a stūbling-block in some on s way if not fore-seen in time and maturely preuented Jt is specified in the 1. chapt of the Rule that as S. Clare in the beginning of her conuersion with her sisters promised obedience to the most Holy Father S. Francis soe in like sort doth she prcmise to obserue the same obedience inuiolably vnto his successours and the other sisters are alwais obliged to obey the successours of H S. Francis These words are wrightly to be vnderstood not as written by the pen of the seraphical Father as appeares euident for he would neuer haue caled or giuen him self the title of the H and most H Father S. Francis but litterally of those Monasteries or Cōuents only which by authoritie and leaue of the sea Apostolique are immediatly subiect to the Jurisdiction of the Friar-Minors and not of those which by their owne request or appointmēt of his
but the occasion or reason why S. Clare promised Obedience vnto S. Frācis and his successours was her earnest desire of most sublime Pouertie ioyn'd with a strict inclosure which she knew fullwell could not be effected nor hoped for without assistance and releef by the begging of S. Francis and his Brethren for them but the Friar-Minors after the departure of the saint absolutely refusing this charge and burden and procuring moreouer a declaration from his Holinesse Pope Urban the 4. that they were to be exempt and wholy free from all care of the said Religious Woemen and by noe obligation bound to vndergoe it it followeth by way of consequence that the said sisters are in noe ways obliged to what soeuer cōtract or promise S. Clare might chance to haue made in their behalf seeing that both the occasion or cause why she might haue made that promise doth cease and the successours of S. Frācis haue refused to accept the condition and vndergoe the burden Lastly J conclude that although all that can be obiected were supposed and granted yet as all Doctors vnanimously affirme a promise ceaseth to oblige whē an higher superiour by lawfull autoritie doth release it and his Holinesse the Pope of Rome can release promises made euen to God him self as is manifest but different Popes and in particular Jnnocent the 4. by his Bull here annexed beginning Recto assumpto tramite hath not only released the said Friar-Minors from all superioritie charge and care which here-to-fore they migth pretend to haue had ouer the Religious Woemen of the order of S. Clare but doth also in Uertue of H Obedience strictly commād and enioyne vnder paine of Excommunication all and euery one of the Order of Friar-Minors that hēce forth they exercise noe Jurisdictiō whatsoeuer ouer the aforesaid Abbesses Nunnes or Monasteries of S. Clare seeing that absolutly they haue none Hence it followeth that seeing the Friar-Minors haue noe Jurisdiction or power ouer the Religious Woemen of the Order of S. Clare that the said sisters alsoe haue noe obligation of Obedience or subiection towards the aforesayd superiours or Prelats of the Order of Friar-Minors And to descend more to particulars in the yeare of our Lord 1631. his Holinesse Pope Urban the 8. was graciously pleased to send a particular Breue to the Abbesse ād Religious of the order of S. Clare resyding in the Towne of Graueling dated the last of May in the 8. yeare of his Popedome which being faithfully translated we haue also thought fitt here to sett down where he declareth in expresse termes the said Religious Woemen to be in noe wyes subiect to the superiours of the Order of Friar-Minors but that they and their Monasteries are by his expresse command restoared to the Obedience and subiection of their Ordinarie the Lord Bishop of S. Omers they hauing been subiect vnto him from the very beginning of their settlement and admission into that Towne their admissiō being limited with this condition to liue vnder the Obedience and Iurisdiction of the Lord Bishop of the Diocese as appears in the letters of grant giuen by his Highnesse Arch-Duke Albertus dated at Brussels the 7. of October 1608. as also in the letters of reception of the Baron Guernouual then Gouernour of the Towne of Graueling and Founder in part of the said Monasterie bearing date 26. of August 1627. and lastly in the letters of admission of the said Towne dated the same yeare and day all three inserting in expresse termes this condition as necessarie for their admittance that they be euer subiect to the Ordinarie the Lord Bishop of S. Omers Lett it therfore remaine as concluded and certaine that those Monasteries of the order of S. Clare which can not make appeare by particular grant and priuiledge of the sea Apostolique their positiue exemption from the Jurisdiction of the Bishop that they are and ought to remaine subiect to the said Bishop of their Diocese who therfore is know'n vnder the notion and title of Ordinarie and seeing the Poore Clares in the Towne of Graueling haue not only their admittance limited by the Prince Towne and Goueruour and by thē restrained to this obligation or condition of being subiect to the Ordinarie but are more ouer by a particular Breue sent them by Pope Urban the 8. expresly cōmanded to liue and remaine as we haue sayd vnder the Obedience of the Lord Bishop of S. Omers excluding in expresse words all whatsoeuer pretended power the Friar-Minors haue ore might seeme to haue ouer them seeing as Pope Jnnocent the 4. aboue mentioned doth also declare that absolutely they haue none it followeth that they are and ought to remaine subiect and obedient to the said Lord Bishop and that the Obedience mentioned in the first Chapter of their Rule remaines as now it is by supreme Authoritie transferred or restoared to the Person of the afore-sayd Lord Bishop or Ordinarie THE BVLL OF POPE INNOCENT THE FOVRTH declaring the Nunnes of the order of S. CLARE not to be subiect to the Friar-Minors by their Rule giuen by S. FRANCIS and forbidding the said Friars to exercise any Iurisdictiō ouer thē vnder what pretence soeuer INNOCENT BISHOP Seruāt of the seruants of God To our Beloued Sonnes the General and Prouincial Ministers of the Order of the Friar-Minors health and Apostolical Benediction THE trauailer that hath taken the right path wherby he may conueniently attaine to his intēded ourneys end should labour in vaine and vnprofitably endeauour to find out other trackes for the more differēt wayes he tryeth the more doth he delay his iourney and whiles he doth hasten he doth the more hinder himself and the way which perchance is but short he maketh long by inconsiderate digressions because one that tryeth diuers paths may easily stray from the right and soe wander out of his way and he that soe trauaileth arriueth still late to his iourny's end yea his going on in this sort is rather a going back from the end it self Hence the varietie and noueltie of wayes is to be auoyded and the ancient and first way carefully to beretained seeing the old ways are better know'n then the newer and one may trauaile more confidently by the tracke of the one then of the other Wherfore they that can walk well in the beaten path lett them with care auoide the vnused We haue been euer desirous that our beloued daughters in Christ the Abbesses and Religious of the order of S. Damian who flying from the slipperie downfalls of the world haue chose the secure retirement of Claustral solitude might constantly serue our Lord in the obseruance of that Rule wherby they may more readily obtaine eternal reward Hence some time since did We by our letters enioyne our Venerable Brother the Bishop of Ostia and Veletre that he should not permitt them to be compelled to the vndertaking of a new forme of life or the ancient by Vs being then at Lions changed vnlesse it should seeme vnto him
present or for the future it may concerne and ought thus to be defined and iudged by whatsoeuer Judges Ordinaries or Delegates euen those of our Apostolical Pallace More ouer it is declared null and voide if any Person of what authoritie soeuer either wittingly or willingly should presume to attempt the contrarie any constitutions Apostolical ordinations statuts customes priuiledges grāts euen ratified by oath or strengthned by whatsoeuer Apostolical confirmation or letters granted confirmed or innouated to the contrarie in any ways notwithstanding leauing all and euery one of them as at other times in their accustomed force We will at this time only to the obtaining of the effect of these that they be speacialy and expresly annulled and derogated Giuen at Rome at S. Marie Major sub annulo piscatoris 31. of May. 1631. and the 8. of our Pontificate M. A. MARALDVS THE APOSTOLICAL CONFIRMATION OF THE RVLE which Blessed S. Francis gaue vnto the Holy Mother S. Clare INNOCENT Bishop seruant of the seruants of God To our beloued Daughters in Christ Clare Abbesse and the other Sisters of the Monasterie of S. Damian at Assisium Health and Apostolical Benedictiō THe Apostolical sea being accustomed to condescēd to the pious requests and holy desires of her suppliants and you hauing addrest your hūble suite vnto Us in order to the approuing and strengthning with our Apostolical Cōfirmation the Forme of life wherby you ought to liue in common vnitie of spirit and profession of most sublime pouertie the said Rule hauing been giuen by the Holy S. Francis by you freely accepted and by our venerable Brother the Bishop of Ostia and Ueletre approued and confirmed as is more amply cōtained in the letters of the said Bishop conformable to Our Apostolical authoritie committed vnto him in this behalf We therfore condescending to your deuout requests doe againe ratifie by Apostolical authoritie and confirme by these present what the said Bishop did in this behalf inserting herein the tenour of his letters word by word as followeth Ugoline by the grace of God Bishop of Ostia and Veletre to his most deare Mother and Daughters in Christ Clare Abbess of S. Damian at Assisium and her Sisters as wel present as to come health and fatherly benediction For as much as you my dearly beloued Daughters in Christ contemning the pompes and vanities of the world and desyring to tread the footsteps of JESUS Christ and his most Holy Mother haue chosen to liue in pouertie and inclosed that you may with more libertie and puritie of spirit attend to the seruice of his diuine Majestie we commending in our Lord your holy resolutions doe out of our fatherly affection condescend graciously vnto your petitiōs and pious desires and by authoritie of his Holinesse and of Ours confirme for you and all those that shal succeed you in your Monasterie the forme and rule of life of holy vnion and most sublime pouertie which the Blessed Father S. Francis by word and writing hath deliuered vnto you to be obserued and is as followeth IN NOMINE DOMINI Amen THE RVLE OR FORME OF LIFE Of the Poore Sisters of the Order of S. CLARE J. CHAPT Of the promise of Obedience 1. THE Rule and Forme of life of the Order of the poore Sisters which Blessed S. Francis hath instituted is this to obserue In this Chapter nothing is mētioned but the 3. Vovvs for the Ordinances and Profession speak sufficiently of the Vovv vvhich the Sisters make of inclosure the holy Ghospel of our Lord Jesus Christ liuing in obedience without proprietie and in chastitie 2. Clare vnworthy Hand-Maid of Christ and little plant of the most Holy Father S. Francis promiseth obedience and reuerence to Pope Jnnocent and to his successours lawfully and canonically succeeding in the Church of Rome 3. And as in the beginning of her conuersion she with her sisters promised obedience to the most Holy Father S. Francis soe in like sort doth she promise to obserue the like obedience inuiolably vnto his successours * And These vvords are vnderstood of those Monasteries only vvhich are subiect to the Order For vvhē the Monasterie is immediatly subiect to the Bishop then the Obedience here mentioned is by authoritie of the Sea Apostolique trāsferred from the Friar-Minors and is due to the Person of the Lord Bishop of the Diocese vvherin they liue and to his Successours the other sisters are always obliged to obey the successours of Holy S. Francis and to obey also sister Clare ād all other Abbesses who canonically chosen shal succeed her Of the Examen and other things to be obserued in the Receptiō of the sisters into the Order and of their Profession JJ. CHAPT 1. When any one moued by diuine inspiratiō shal present her self vnto you to imbrace this course of life the Abbess shal be bound to aske the consent of all the sisters and if the greater part giue their voice The Bishop by him self or his Vicar is to examen and receiue the nouice thus presented as is ordained in the Council of Trent Sess 25. cap. 17. the licence of the Lord Cardinal your Protector beeing first obtained the Abbess may receiue her 2. When she is to be admited the Abbess shal diligently examen her or cause her to be examined concerning the Catholique Faith and the Sacraments of the Church all which if she doe firmly beleeue faithfully professe and wil stidfastly obserue to the end then if she haue noe husband or if he with leaue of the Bishop of his Diocese be entred into Religion and hath made a vow of chastitie more-ouer if she be not too far in yeares nor haue any sicknesse or weaknesse of head which might hinder her from the obseruance of this course of life shal be diligently declared vnto her the contents and tenour of your forme of life 3. And if she be fitt and willing those words of the Holy Ghospel shal be sayd vnto her that she goe and sell all she hath and This is to be obserued at the Profession as the Council of Trent appointeth Sess 25. cap. 16 giue it to the poore * Which if she can not effect her good will shal suffise 4. The Abbess and sisters shal be very carefull not to busie their minds by medling with her temporall goods to the end she may freely dispose of them according as our Lord shal inspire her 5. Neuerthelesse if she herein doe ask their counsel they shal send her to some discreet person fearing God by whose direction her goods may be distributed vnto the poore 6. Then her haire being cutt of round and her secular habit taken away the Abbess shal lend her three coates and one cloake after which time it is not lawfull for her to goe out of the Monasterie without manifest and profitable cause 7. The yeare of her probation expired she This is to be vnderstood that she be receiued if the Superiours iudge her fitt and ther be noe impediment other