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| Clemens PP. V Exivi de paradiso IntraText CT - Text |
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5. Likewise because besides those things, which are proposed in the rule expressly by word of precept, and exhortation, or admonition: some such things are inserted by word of imperative mood negatively or affirmatively, in as much as it has been doubted whether they are bound to these things, as to things having the force of precept. And because as We have understood, this doubt is not diminished, but augmented from that which Our predecessor, Pope Nicholas III, of happy memory, is known to have clarified, that the Friars themselves from the profession of their rule are bound to those evangelic counsels, which in the rule itself are expressed preceptorily or inhibitorily, or under equipollent words; and no less to the observance of all those things, which are indicated to themselves in the same rule under obligatory words; the aforesaid Friars have supplicated Us, that We might deign to clarify for their consciences the things to be observed, which ought to be judged by them as equipollent and obligatory in precept. And thus We, who are delighted in their sincere consciences, attending to these because in that which respects the salvation of souls, the pars securior must be held so as to avoid grave remorse of conscience: We say that it is licit that the Friars not be bound to the observance of all those things, which are proposed in the rule under words of imperative mood, as to precepts or equipollent to precepts: it is expedient however for the Friars themselves to observe the purity and rigor of the rule, because they know themselves to be obliged to those things, as to equipollent to precepts, which here following are annotated. But as these things are to be held, which might seem to be equipollent to precepts from the force of the words, or at least by reason of the matter about which they pertain, or from both sub compendio: We declare them to be that which is proposed in the rule concerning not having more than one tunic with a capuche, & another without a capuche; likewise concerning not wearing footwear, & not riding horseback outside of the case of necessity: likewise that the Friars are to wear cheap clothing. Similarly that they are bound to fast from the Feast of All Saints up to the Nativity of the Lord, and on Fridays: likewise that the Clerics are to recite the divine office according to the ordo of the Holy Roman Church: likewise that the Ministers, and the custodes for the necessities of the infirm, and for the clothing of the Friars are to exercise a solicitous care: likewise that if any of the Friars might fall into infirmity, the other friars ought to take care of him: likewise that the Friars may not preach in the diocese of any Bishop, when they have been opposed by him: likewise that no one should dare remotely preach to the people, unless he has been examined and appointed by the Minister General, or by others, to whom according for the aforesaid declaration it belongs: likewise that the Friars who might know that they themselves are not able to observe spiritually the aforementioned rule, ought and can have recourse to their Ministers: likewise everything that is proposed in the rule for the form of the habit both of the novices, as well as of the professed: and also to the manner of reception, and the things regarding profession, but not for those receiving the habit of Novices (as the rule says) since it may seem otherwise according to God. All these (We say) must be observed by the Friars as obligatory: likewise the regimen that is commonly thought, held, and has been held from antiquity, which is proposed throughout the rule with this word: "They are bound (teneantur)," obtains force of precept: and ought to be observed as such by the Friars.
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