§ 98.11. =Penitential Brotherhoods and Tertiaries of the Mendicant Orders.=--Carl Müller was the first to throw light upon this obscure period in the history of the Franciscans. The results of his investigations are essentially the following: In consequence of the appearance of St. Francis as a preacher of repentance and of the kingdom of God there arose a religious movement which, not merely had as its result the securing of numerous adherents to the association of Minor Brethren directed by himself, as well as to the society of “_poor women_” attaching itself to St. Clara, but also awakened in many, who by marriage and family duties were debarred from entering these orders, the desire to lead a life of penitence and asceticism removed from the noisy turmoil of the world in the quiet of their own homes while continuing their industrial employments and the discharge of civil duties. As originating in the movement inaugurated by St. Francis, these “_Fratres pœnitentiæ_” designated themselves “_the third order of St. Francis_,” and as such made the claim that they should not be disturbed in their retired penitential life to engage upon services for the State, military duty, and so forth. In this way they frequently came into conflict with the civil courts. Although in this direction powerfully supported by the papal curia, the brotherhoods were just so much the less able to press their claim to immunity in proportion as they spread and became more numerous throughout the cities of Italy, and the greater the rush into their ranks became from day to day from all classes, men and women, married and unmarried. The right of spiritual direction and visitation of them was assigned in A.D. 1234 by Gregory IX. to the bishops; but in A.D. 1247 Innocent IV., at the request of the Minorites, issued an ordinance according to which this right was to be given to them, but they were not able in any case to carry it out. Not only the secular clergy were opposed, but they were vigorously aided in their resistance by the Dominicans.--In A.D. 1209, at the beginning of the Albigensian crusade, St. Dominic had founded, at Toulouse, an association of married men and women under the name of _Militia Christi_, which, recognisable by the wearing of a common style of dress, undertook to vindicate the faith of the church against heretics, to restore again any goods that had wrongfully been appropriated by them, to protect widows and orphans, etc. This _Militia_ migrated from France to Italy. Although originally founded for quite different purposes than the Penitential brotherhoods, it had the same privileges as these enjoyed conferred upon it by the popes, and assimilated itself largely to these in respect of mode of life and ascetic practices, and practically became amalgamated with them. But still the Penitential brotherhoods always formed a neutral territory, upon