Question VII: Whether those bishops who were formerly religious are bound to regular observance

MUtatur the obedience of the Religious assumed to the Episcopate, so that he is subjected no longer to Praelates, but to the supreme Pontiff, the Father of all Religions, in a higher way, as D. Bonavent. teaches in 4. dist. 38. q. ultima, ad ult., and it is found in can. statutum, 18. quaest. 1.

They inquire here whether a Religious is capable of ownership of stable goods.

It is answered negatively with D. Bonav. 4. dist. 38. art. 2. quaest. ult. ad ult. D. Thom. 2. 2. q. 185. art. 8. et quaest. 88. art. 11. ad 4. Sotus lib. 19. quaest. 5. art. 7. Sylvester V. religio 7. n. 11. Rodriquez tom. 2. quaest. 58. art. 1. Sylvius 2. 2. quaest. 185. art. 8. Valerus in differ. utriusque fori verb. regularis, differ. 5. Tolet. lib. 5. cap. 4. Diana part. 2. tract. 2. resol. 61, who all, with others, adduce that the Bishop is bound, on one assumed from among the regulars, to the observance of the vows by cap. de monach. 16. quaest. 1. That this is the common opinion, Azor says, tom. 1. lib. 12. cap. 7. quaestio 4.

They think indeed that such an exemption from the obligation of the vows is granted, Villalob. sum. tom. 2. tract. 25. diffic. 40. Medina de sacra hominum continentia, lib. 5. cap. 26. et 27. Angles in 4. quaest. de voto, dub. 6. Quand. in 4. dist. 38. prop. 17. I add that things repugnant to the state do not bind, as D. Thom. says, loco cit. Valentia puncto 8. Sylv. ad locum cit. D. Thom. Bassaeus V. episc. num. 7.

But they inquire: whether a Bishop assumed from a religion becomes the owner of ecclesiastical revenues, and in this respect is absolved from the vow of poverty.

The negative opinion the holy Doctor holds, loco cit., together with forty-two Doctors cited by Sanchez tom. 2. lib. 6. cap. 6, to whom add Tanner dist. 5. quaest. 4. dubio 6. num. 151. Sanctarellus tract. de Apost. cap. 6. dub. 3. Cenedo de paupert. relig. dub 43. Barbosa in collect. tom. 4. part. 2. causa 18. quaest. 1. Faustus in Thes. lib. 6. quaest. 190, cited by Diana part. 2. tract. 2. resol. 50.

The reason is that these men ascend to a higher state of perfection, and so ought not to relax anything except what is repugnant to the state of a Bishop. But poverty does not stand in the way as regards ownership.

The opposite, however, is taught by Sotus lib. 7. q. 4. art. 2. Medin. de sacr. cont. lib. 5. cap. 26. Angl. 4. 2. part. quaest. unic. de vot. art. 2. dub. 6. Vasquez 1. 2. disp. 165. cap. 8. num. 91. Diana part. 3. tract. 2. Resol. 50. et part. 5. tract. 8. Resol. 31. Hurt. 2. 2. disp. 160. sect. 3. and others cited by them. They rely on this, because in cap. unic. 18. quaest. 1. de religioso Episcopo it is said: Like a lawful heir he has afterwards the power of claiming by law his paternal inheritance. But claiming belongs to owners alone, leg. in rem, ff. de rei vendic.

¶ You ask also whether he is bound to the observances of fastings, prayers, and the like, if they are not repugnant to the Episcopate.

I think he is not bound, so long as he has other weighty occupations. So think Sanctarellus loco cit. Lessius lib. 2. cap 40. dub. 14. num. 113. Sanchez loco cit. num. 19. Villalob. num. 17.

Hence it follows that such a Bishop is not bound to the offices of his religion, nor to the fasts. So Faustus in Thes. lib. 6. quaest. 194. Diana loco citato.

It follows secondly that he is not bound to wear the habit of his Religion; Sanctarellus above tract. de apost. cap. 1. dub. 4. Barbosa in collect. tract. 3. lib. 3. tit. 24. and others. He does indeed enjoy the privileges granted to the individual members of the Religion, as Bassaeus says, num. 7.

From what has been said you have that the Bishop is bound to residence. He is bound also to preach, if he can, from 1. Timot. 3. and the Council of Trent, sess. 5. cap. 4. and sess. 24. cap. 2. He is bound to convene a Synod every year; and to make visitation. He is bound to administer the Sacraments of Confirmation and Orders, but especially to have fit ministers.

I treat many other things concerning the duties of Bishops in my proper treatises; wherefore I stop here.