Papal documents relating to Franciscan poverty
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POPE NICHOLAS III, EXIIT QUI SEMINAT
translated by John Kilcullen and John Scott
from Sexti decretalium, Lyons, 1671, col. 760 ff.
Copyright
© 1996, 1998, R.J. Kilcullen, J.R. Scott.
(There are occasional changes to the text; "F" refers to A.
Friedberg, Corpus iuris canonici, Leipzig, 1879.)
A sower went out from the Father's side into the world
to sow his seed, namely the son of God clothed in the garment of
humanity, Jesus Christ, to plant the Gospel word in individuals
honest and dishonest, wise and foolish, zealous and lax, and to be
(according to the prophet) a farmer on earth; over all without
distinction he scattered his seed, the Gospel teaching; [quia:
substitute qui (F)] being about to draw all things to himself, he had
come to save all; at length he sacrificed himself, as the price of
human redemption, to God the Father for the salvation of all.
But although, of this seed scattered on individuals by
the sharing charity of God, some fell by the way side, namely upon
hearts open to the suggestions of demons, some upon rock, namely upon
hearts not opened by any ploughshare of faith, some among thorns,
namely the hearts of men harassed by the cares of riches -- and
therefore the first (we read) was trodden down by evil emotions, the
other was dry because not watered by grace, and the rest was choked
by disordered cares -- some, nevertheless, was received by a heart
mild and docile, good soil. This is the religion [i.e. religious
order] of the Brothers Minor, mild and docile, rooted in poverty and
humility by the nurturing confessor of Christ, Francis, who, growing
from that true seed, spread that growth by means of his Rule to the
sons whom he begot for himself and for God by his ministry in
observance of the Gospel. As James teaches [Jas. 1:21] those are sons
who in mildness received the word, the eternal son of God, grafted to
human nature in the garden of the virgin's womb, powerful to save
souls. These are professors [i.e. those who profess or promise] of
that holy Rule, which is founded upon the Gospel word, strengthened
by the example of the life of Christ, the founder of the Church
militant, and confirmed by the words and deeds of his Apostles. This
is, in the sight of God and the Father, a pure and immaculate
religion, which, coming down from the Father of lights, handed by
example and word by his son to the Apostles, and at length breathed
by the Holy Spirit into blessed Francis and his followers, contains
in itself the testimony as it were of the whole Trinity. This is [the
religious order] to which, by the testimony of the Apostle Paul [Gal.
6:17], no one henceforth should be troublesome, which Christ
confirmed by the stigmata of his passion [i.e., the marks of nails in
Francis's hands], wishing its founder to be notably distinguished by
the signs of his own passion.
But the cunning of the old enemy has not thus ceased
against the Brothers Minor themselves and their Rule; nay rather,
trying against them to over-sow cockle, he has sometimes stirred up
rivals, driven by jealousy, rage and {indiscreta inscitia}
injudicious ignorance, biting at the Brothers, and with canine
barking railing at their Rule as illicit, impossible to observe, and
divisive: not taking notice that this holy Rule (as is said above)
[was] established with salutary precepts and advice, strengthened by
Apostolic observances, approved by many Roman pontiffs, and also
confirmed by the Apostolic See and corroborated by so many divine
testimonies, which have been made very credible in so many holy men,
living and ending their days in the observance of this Rule, some of
whom the same See, because of their life and miracles, has caused to
be written into the catalog of saints. And recently, in these days as
it were, it has been declared in the general council of Lyons to have
been approved by our predecessor Gregory IX of pious memory because
of the evident advantage that results from it to the whole Church.
And we ourselves do not less take notice, indeed we more deeply
consider, as other professors of the Catholic faith should more
subtly reflect, that God himself, looking upon the aforesaid Order
and those who observe it, has by saving assistance so preserved them
from those rancours rising up against them, that the tempestuous
flood did not dash them, nor did it dismay [constravit: substitute
consternavit as in Fm] the souls of those living within that order --
nay rather they grow together in {vigore regulari} the vigour of the
Rule and increase in the observance of their commandments.
Nevertheless, so that the order aforesaid, all
twistings {anfractibus} whatever being cut off, may flourish with
distinct and pure glory, and -- just as the Brothers of the same
Order recently met in general chapter had provided (our beloved sons
the General Minister and some other Provincial Ministers of the said
Order who had met in that chapter being assembled in our presence),
since their purpose is known to burn in the vigour of the Spirit for
the full observance of the same Rule -- it has seemed good to us, in
order to close off the ways of biting to such biters, to clarify
{declare} some things that could have seemed doubtful in that Rule,
to set forth with fuller clarity some things also clarified by our
predecessors, and also in some things touching that Rule to provide
for the purity [puritate: substitute puritati (F)] of their conscience.
We who have raised up our affections towards that
order from tender years, [with an attitude of] submission to them,
have held frequent conference with some of the companions of the same
confessor, who knew his life and behaviour, concerning the Rule
itself and concerning the holy intention of blessed Francis himself.
Becoming at length a cardinal, and being afterwards made by the Holy
See governor, protector and corrector of that Order, we felt the
conditions of the Order aforesaid as a care pressing upon us. Having
been informed in the Apostolic Office [punctuation in Fm] by the
aforesaid [companions], and also by long experience, both of the holy
intention of the confessor aforesaid and of the things that touch on
the Rule itself and its observance, we have turned our thoughts to
the Order before mentioned. We have analysed with full maturity both
the things that are known to have been approved and clarified by the
same predecessors and also the Rule itself and matters touching it.
We have in this present document {serie} enacted, declared, more
certainly approved some things, confirmed, issued and granted things
approved, and also ordered many things in fuller detail {seriosius}
and more clearly that are more fully expressed in the following
articles. [Article 1. On the observance of the Gospel]
In the first place, we have understood that some are
uncertain whether the Brothers of the same Order are bound both to
the counsels as well as to the precepts of the Gospel -- because we
find at the beginning of the aforesaid Rule: "the Rule and Life
of the Brothers Minor is this, namely to observe the holy Gospel of
our Lord Jesus Christ by living in obedience, without property, and
in chastity"; also because the same Rule contains this:
"When the year of probation is complete, let them be received
into obedience, promising always to observe that life and the
Rule"; also because at the end of the Rule these words are
{continetur} contained: "Let us observe poverty, and humility
and the holy Gospel of our Lord Jesus Christ, which we have firmly
promised". Although our predecessor of happy memory Pope Gregory
IX clarified this article and some others of the same Rule,
nevertheless, because -- on account of the inordinate or biting
insults of some rising up against the Brothers and the Rule, and on
account of the outcomes to be considered of many cases afterwards
arising -- his explanation seems in some matters obscure, in others
only half-complete, and in many things contained in the rule itself
insufficient: wishing to remove by the clarification of a final
[reading perfectae as in Fm] interpretation such an obscurity and
insufficiency, and by the certitude of fuller exposition to cut off
from the minds of individuals the scruples of any doubt in the same,
we say that since at the beginning of the Rule it is put not
absolutely, but with a certain qualification or specification,
"the Rule and life of the Brothers Minor is this, namely to
observe the holy Gospel of our Lord Jesus Christ by living in
obedience, without property, and in chastity" [note: "by
living..." is the qualification], and the Rule very strictly
[multum arcte prosequitur] follows up these three, and {nihilominus}
likewise binds [subnectit] some other things by prescribing,
forbidding, counselling, advising, exhorting, and [using] other words
reducible to some of the aforesaid modes, it can be more plainly be
clear, concerning the intention of the Rule, that what seems in the
profession to be bound as it were absolutely: "promising always
to observe that life and the Rule", and what is added at the
end: "And let us observe... the holy Gospel of our Lord Jesus
Christ, which we have firmly promised" -- should all be referred
back to the qualified or determined or specified beginning of that
Rule, namely to the observance of the Gospel, as aforesaid,
qualified, determined or specified by the Rule in * these three
matters: since it is not likely that the saint wished the word
uttered by him once with some modification or determination or
specification, though as it were succinctly repeated, without certain
reason to lack, in its repetition given it by himself, the
modification or specification; and the arguments of both laws teach
us that things in the beginning are often related to the middle and
the end, and those in the middle to the end and the beginning, and
those in the end to both or either of them [i.e. to the beginning or
middle]. And supposing it were said absolutely, "I promise to
observe the holy Gospel altogether", unless [nisi for quum: Fm]
such a professor were intending to oblige himself to the observance
of all [omnium for omnem Fm] the counsels (which he could scarcely or
never observe to the letter, for which reason such a promise would
seem to ensnare the soul of the promiser), it is clearly seen that
such a promise should not, without the intention of the promiser, be
restricted {perstingi} to [et: substitute ad as in Fm] another
interpretation, except [this], that the observance of the Gospel
should be observed by the promisers just as it is found to have been
handed down by Christ -- namely precepts as precepts, and counsels as counsels.
Blessed Francis clearly showed that he also had this
interpretation in those same words in the text {serie} of his
{processus} passage in the Rule, since {indicat} he enjoins some
Gospel counsels as counsels {sub verbis monitionis, exhortationis}
under words of admonition, exhortation and counsel, but some under
prohibition and under the word of precept. Through this it is clear
that it was not the speaker's intention that the Brothers be bound by
the profession of such a Rule to all the counsels as to the Gospel
precepts, but only to those counsels which are expressed in the same
Rule by way of precept or prohibition, or under equivalent words.
Whence we declare, to make fully clear the consciences of the
brothers of the same order, that by the profession of that Rule the
brothers are bound to observe only those Gospel counsels that are
expressed in that Rule by way of precept or prohibition, or under
equivalent words. However, they are bound more than other Christians
to some other counsels given by the Gospel, in accordance with the
demand of their status, insofar as, through the state of perfection
that they have assumed by such a profession, they have offered
themselves as a choice burnt-offering to the Lord through contempt of
all worldly things. But they are not bound by the vow of such
profession to all the things contained {continentur} in that Rule --
precepts, counsels and the rest -- otherwise than in the way in which
they are handed down in that rule, namely, that they are obliged to
observe the things declared to them in the same Rule under obligatory words.
But so much the more does it befit them, from goodness
and equity, {de bono et aequo}, to pursue the observance of the rest
of the things that are contained under words of admonition,
exhortation, guidance {informatoriis} and instruction, or under any
other terms at all, inasmuch as they have chosen, as imitators of so
great a father [Francis], the pathways of Christ.
[Article 2. On the renunciation of ownership]
{123.226, etc.}Moreover, since the Rule expressly {contineat}
contains [the point] that "the Brothers should not appropriate
anything to themselves, neither home, nor place, nor any thing",
and since it has been declared {declaratum} by our predecessor the
same Gregory IX and some others that this should be observed both
individually and also in common, and the senseless cunning of some
people has disfigured with poisonous slanders this strict
renunciation, we say, lest the ignorant words of such people were to
injure the renown of these brothers' perfection, that such
renunciation of ownership of all things, [del. non, as in Fm] both
individually and also in common, for God's sake, is meritorious and
holy; Christ, also, showing the way of perfection, taught it by word
and confirmed it by example, and the first founders of the Church
militant, as they had drawn it from the fountainhead itself,
distributed it through the channels of their teaching and life to
those wishing to live perfectly.
And no one should think to object to these things that
it is sometimes said that Christ had a purse. For Jesus Christ, whose
works are perfect, exercised in his action the way of perfection in
such a way that, sometimes condescending to the imperfections of the
weak, both extolled the way of perfection, and did not condemn the
weak ways of the imperfect[.] Thus Christ assumed the person of the
weak in [the matter of] the purse, and thus in some other [matters]
assuming the weaknesses of human flesh (as the Gospel history
testifies), condescended to the weak not only in the flesh but also
in his mind. For he assumed human nature in such a way that, being
perfect in his works, having become humble in ours, he remained
exalted in those proper to him. He is led too by the condescension
{dignatio} of the highest charity to certain acts conforming to our
imperfection, in such a way that {quod} he does not swerve {curvatur}
from the rectitude of the highest perfection. For Christ did and
taught the works of perfection; he also did acts of weakness, as is
plain sometimes both in his flight and purse: but [he did] both
perfectly, being perfect, so as to show himself as the way of
salvation for the perfect and the imperfect; he had come to save
both, and at length willed to die for both.
And let no one from these words {insurgat} rise up
[and say] erroneously that those who for God's sake renounce
ownership of all things in this way, make themselves liable, like
suicides or tempters of God, to the hazard of their lives {vivendi
discrimini}. For they give their lives up to divine providence in
such a way that they do not despise the way of human provision, but
on the contrary are sustained either by things freely offered to them
or by things they humbly beg or by things they acquire by labour
{conquirunter per laboricium}. This threefold manner of living is
expressly provided in the Rule. Indeed, if (according to the
Saviour's promise) the faith of the Church will never fail, as a
consequence neither will the works of mercy be withdrawn; on this
account every reason for any sort of lack of confidence seems to have
been taken away from Christ's poor. And indeed, if these all were to
fail (which is not at all to be presumed), the way of providing for
the sustenance of nature granted by the law of heaven in the
situation of extreme necessity to those constrained by extreme
necessity is left open to the brothers, as to everyone else, since
extreme necessity is exempt from every law.
[Article 3. On the use of things] And let it not seem
to anyone that such renunciation of ownership of every kind involves
rejection of the uses of things. For since in temporal things there
is to consider especially ownership, possession, usufruct, the right
of using, and simple use of fact, and the life of mortals requires
the last as necessary, though it can lack the others, there can be
absolutely no profession that excludes from itself the use of
necessary sustenance. In truth it was fitting {condecens} to that
profession [i.e. the Order of Friars Minor], which willingly vowed
{devovit} to follow Christ the poor man in such great poverty, to
renounce lordship of all things, and to be in future content with the
necessary use of things given to them. And by the fact that it [the
Order] is seen to have renounced the ownership, use, and lordship of
everything whatever it is not thereby proved {convincitur} to have
renounced simple use of every thing. This use, I say, having the name
not of use of right, but only of fact, offers {praebet} users only
what is of fact in using, and nothing of right. Indeed, a moderate
use ([omit sed, as in Fm] in accordance with their rule and with
truth in every way) of things necessary to sustain life and to the
performance of the duties of their state has been granted to the
brothers, except for what is added below about money; these things
the brothers can licitly use, while they have the granter's
permission, and in accordance with what is contained {continetur} in
the present {serie} document.
And in these things there is known to be no conflict
with what civil wisdom has decided {constituit} humanly in human
matters, [ff. de usuf., l. omnium; c. estit., l. antiquas] namely
that use or usufruct cannot be permanently forever from lordship.
[Civil law] decided thus lest lordship (with use cut off from it) be
rendered forever useless to lords, making its decision in view of
temporal utility only. For the retention of the lordship of such
things with a grant of use made to the poor is not fruitless for the
lord, since it is meritorious in relation to eternal things, and
{opportuna} appropriate to the order of the poor; it is considered
the more useful to him [the lord] inasmuch as he exchanges temporal
things for eternal.
Indeed, it [what?:the renunciation of the necessary
use of things, says a note in Fm] was not the intention of Christ's
confessor in founding the Rule; indeed {quin immo} he wrote the
opposite into it, [and] observed the opposite in his life, since he
both used temporal things as necessary, and in many places in the
Rule makes clear that such use is licit to the Brothers. For he says
in the Rule 'Let the clerics say the divine office, and therefore
they will be able to have breviaries', thereby clearly suggesting
that his Brothers would have the use of breviaries and books suitable
for the divine office. Also, another chapter says of ministers and
guardians, "Let them take great care through spiritual friends
of the necessities of the sick, and for clothing the other brothers
according to places, times and cold regions, as they shall deem
expedient to their necessity". Elsewhere, also, exhorting the
brothers to avoid laziness by suitable performance of labour, he
says, 'Let them receive physical necessaries for themselves and their
brethren out of the wages of their labour'. Also, another chapter
contains the statement, 'Let the brothers go trustingly for alms' We
find also in the same Rule, "In the preaching that the Brothers
do let their speech be well-considered and pure, for the benefit and
edification of the people, relating to them the vices and virtues,
the penalty and the glory." But it is certain that these things
presuppose knowledge, knowledge requires study, and the practice of
study cannot conveniently be had without the use of books. From all
of this it is clear enough that the Rule grants the Brothers use of
things necessary for food, clothing, divine worship and {sapientiale}
edifying study. From the foregoing {123.431}it is therefore clear
indeed to persons of understanding that, in respect of such
renunciation, the Rule is not only observable, possible and licit,
but also meritorious and perfect; and the more meritorious inasmuch
as by it its professors are, as is said above, the more removed for
God's sake from temporal things.
[Article 4. On the ecclesiastical lordship of things
granted to the brothers] Moreover {ad haec} since the Brothers
themselves can acquire nothing for themselves individually, nor for
their order even in common, and when something is for God's sake
offered, granted or given to them, the intention of the offerer,
granter or giver -- if he does not express anything else -- should be
believed probably to be to grant, give and offer [donec auferat:
donet et offerat Fm] perfectly such a thing offered, granted or
given, and to renounce it himself and wish to transfer [it] to others
for God's sake; and there is no person to whom, in God's place, he
should transfer the lordship of such a thing more suitably than to
the aforesaid See, or the person of the Roman Pontiff, Christ's
vicar, who is the father of all and {nihilominus} likewise the
special father of the Brothers Minor, since in their respective ways
a son acquires for the father, the slave for the lord, and a monk for
his monastery, the things offered, granted or given to himself: lest
the lordship of such things be uncertain, we enact by this present
constitution, to be valid perpetually, that the ownership and
lordship fully and freely pertain to Ourselves and to the Roman
Church of all usables {utensilium} and books, and of their movables,
present and future, which, -- and the use, namely of fact,
[usumfructum: usum, facti: Fm] of which -- it is licit for the order
[text: ordini Fm] or for the brothers themselves to have. Pope
Innocent IV our predecessor of happy memory is also known to have
done this.
Moreover, by the same authority we receive likewise
into our right, lordship and ownership, and for the Church aforesaid,
also the places bought with various alms, and those offered or
granted to the Brothers under whatever form of words (though the
Brothers should take care for themselves that in such cases [in: add
Fm] they do not use words inappropriate to their state) by various
people (whether by those who possess them undividedly, or by those
who have certain shares in those places) in which those possessing
individually or the shareholders have reserved in such offering or
grant nothing to themselves. As for places or houses to be granted
{ex integro} anew [wholly?] or, also, offered to the Brothers
themselves for habitation by a single person or by a college (if it
happens that the Brothers live in such places by the will of the
giver), let them live there only while the granter's will lasts; and
-- except in the case of a Church, oratories {oratoria} attached
{destinata} to a Church, and a cemetery which, both for the present
and for the future, we receive in the same way and with the same
authority into our right and ownership and for the aforesaid Roman
Church -- if the granter's will changes, and this made clear to the
Brothers themselves, let them freely abandon those places, in the
lordship or ownership of which we keep nothing at all for ourselves
or for the Roman Church, unless they are received specifically by our
assent or that of the Roman Church itself; and if in the same places
the granter in his grant reserves to himself lordship, let such
[speciale: substitute tale, as in Fm] lordship, apart from the
habitation of the Brothers, not pass into the right of the
off-mentioned Church, but let it rather remain fully free to the granter.
[Article 5. On poor use] Besides, with respect to
usables {utensilia- necessaries? Lewis & Short give both meaning:
usables seems better to me} or other things beyond their use for
necessity and for carrying out the duties of their state (for they
should not have the use of all things, as has been said), let them
not accept them for any superfluity, wealth or plenty which derogates
from poverty, or for hoarding, or with the intention of retailing or
selling them, or under the pretext of providing for the future, or
for any other {occasione} reason. Indeed, in respect of lordship, let
renunciation of every sort always be seen in them, and in respect of
use, necessity. But let the Ministers and Custodians together and
separately in their administrations and custodies, manage this with
discretion according to the requirements of persons and places: since
concerning such matters the quality of persons, variety of the times,
the conditions of places, and some other circumstances may sometimes
require more, or less, or different provision to be made.
Nevertheless, let them do those things in such a way that holy
poverty always shines forth in them and in their actions, as is found
to be enjoined upon them by their Rule.
[Article 6. On pecuiary alms for past needs] Moreover
{ceterum}, since it is forbidden in the same Rule under the
restriction of a precept, "that the Brothers should, themselves
or though others, accept coins {denarios} or money {pecunia} in any
way", and [since] the Brothers wish to observe this perpetually,
and have to fulfil it as a necessary injunction: lest their purity in
such observance of the precept be in any respect sullied, [et ne: vel
Fm] the consciences of the Brothers be troubled by any pricks: taking
up that article more deeply than our predecessors did, on account of
the bites of detractors, and following it up {prosequor} with clearer
decisions: we say, in the first place, that the Brothers themselves
should abstain from contracting loans, since in view of their status
it is not licit for them to contract a loan. However, to satisfy
their necessities which arise for the time (in the absence of alms,
with which satisfaction could not be made conveniently at the time),
let them be able to say, without the bond of any obligation, that
they intend to labour faithfully to make such payment though alms and
through other friends of the Brothers. In this case, let it be
arranged by the Brothers that he who will give alms, through himself,
or through another not to be nominated by them (if possible) but
rather selected by him according to his good pleasure, make such
satisfaction in toto, or in part, as the Lord inspires him.
If, however, he were not willing to do this, or could not, either
because his departure {recessus -- death?} is imminent, or because he
has no knowledge of faithful persons to whom he wishes to entrust
this matter, or for whatever other {occasione} occasion or reason, we
declare and say that the purity of the Rule is in no respect
infringed, or its observance in any way sullied, if the Brothers
themselves take care to give him knowledge of some person or persons,
or nominate or even present some person or persons, to whom, if the
alms giver pleases, he can entrust the carrying out of the
{praedictorum} aforesaid, and let his assent be had concerning the
{subrogationibus} substitutions written below: in such a way,
however, that -- the lordship, ownership and possession of the money,
together with the free power of recalling the money to himself until
its conversion to the thing appointed, always remaining fully, freely
and wholly with the donor -- the Brothers themselves have in that
money absolutely nothing of right, neither administration or
management; and let them not threaten the person whether nominated or
not nominated by them, whatever his condition, with an action or
{persecutio} prosecution, in court or out of court, or any other
legal obligation, no matter how the person aforesaid behaves himself
carrying this out. However, let it be permitted to the Brothers to
suggest or specify their needs, or explain [them] to the person
aforesaid, and ask him to pay. Also, let them be able to exhort and
induce the same person to behave faithfully in the matter entrusted
to him, and let him take care for the salvation of his soul in
carrying out [exceptione: substitute exsecutione, as in F & Fm]
the matters entrusted to him: in such a way, however, that (as has
been already said) the Brothers abstain in every way from every
administration or management of the same money, and from every action
and prosecution against the person aforesaid.
But if it happens that such person, whether nominated
or not nominated by the Brothers, is impeded so that he cannot
himself carry out what is aforesaid, either by absence, infirmity,
will, or the distance of places to which he is unwilling to go in
which the payment or satisfaction would have to be made, or by some
other {occasionem} occasion: let it be permitted to the Brothers with
purity of conscience in nominating {in nominando] some other person
to be substituted for the {praemissa} foregoing matters, and (if they
cannot or prefer not to have recourse to the first donor) in other
things to deal with that person as immediately above we have declared
that it is licit for them to deal with the first. For more commonly
and more generally it seems possible for the service {ministerium} of
two persons by way of substitution (as has been said) to suffice in
the carrying out of the aforesaid, when the aforesaid satisfaction is
presumed to be able to be quickly dispatched. If, however, a case
were sometimes [ut interdum dictum est: interdum Fm] to occur in
which, because of the distance of the places in which the
satisfaction would have to made or other conditions or circumstances,
the service of several substitutes seemed opportune, let it be licit
to these {ipsis} brothers in this case, in accordance [insta:
substitute iuxta, as in F & Fm] with the nature of the
transaction (observing the manner aforesaid), to {assumere} take up,
nominate or present several persons to carry out that service.
[Article 7. On pecuniary alms for future needs] And
since it is necessary and {expedit} useful to the needs of the
Brothers for provision to be soundly made, with the regulation
aforesaid, not only for those things for which there was already a
payment or satisfaction to be made (as has been said immediately
above), but also for imminent [needs] -- whether such {ingruentes}
onrushing needs that can be {expediri} dispatched in a short time
threaten, or such [needs] (though comparatively few) which
necessarily, from their condition, require time to be provided (as in
books to be written, churches or buildings to be built for use as
their dwelling, books and garments to be bought in remote places, and
other like things, if any occur): just as [sic: substitute sicut] in
the former necessities we have clearly made a distinction
{distinguimus}, so in the latter we declare that the Brothers can
proceed safely and with their consciences preserved, namely, so that
in the case of onrushing or imminent {ingruenti, imminenti} need that
can be dispatched in a short time, or sometimes from some
circumstances in not so short a time (as has been said above in the
preceding case), {procedatur} it turns out favourably in everything
and in all respects {in omnibus at per omnia} both in respect of the
donor of alms, and in respect of the nominated or substituted person,
just as we have declared immediately above in the article {articulo}
concerning payment to be made for past needs. But in that need,
however presently onrushing, which nevertheless from its character
(as is said above) has a tract of time bound to it: because in that
case it is likely that -- both by reason of the distance of the
places that the dispatch of that need by its condition would require,
and also by the well-considered reason {pensata} of the circumstances
of the need -- frequently cases would happen in which it would be
necessary, to the dispatch of such a need, that money assigned to
such need would pass through various hands and persons, and it would
be virtually impossible for the main lord assigning that money for
that need, or also the person substituted by him, and the third also
afterwards substituted by that substitute (if such a case should
occur) to have knowledge of all those persons: we declare and say,
that in this {articulo} situation, besides the said two ways to be
observed (as we have said) in past needs, and in onrushing needs that
can be dispatched in brief time, or sometimes not brief (as is
expressed above), in order to guard that Rule, and the purity of
every kind of its professors: that if the bestower of such alms, or
his messenger who can do this is willing and is at hand:
[preiudicatur: substitute praedicatur, as in F & Fm] let the
Brothers say explicitly to him beforehand what they want, so that
(the lordship of such money, together with the free power of
recalling the money to himself, freely remains with him always until
its conversion to the thing appointed, as has been said above in the
two other cases) no matter through whose hands the money, or the alms
itself, be handled, whether persons nominated by him or by the
Brothers, the whole proceeds with his consent, will and authority:
when he provides his consent to the aforesaid, let the brothers be
able securely to use the thing bought or acquired with that money no
matter through whom, according to the manner noted above.
But for the greater clarity of all the foregoing, we
declare in this perpetually valid text {provisionis serie} of
provision, that the Brothers {in:del., as in F] -- the aforesaid
modes, as said above, being observed concerning money for supporting
their past and onrushing needs -- are not understood, nor can be
said, to receive money themselves or through an intermediary person,
contrary to the Rule or to the purity of the profession of their
order: since it is manifestly clear from {praemissis} the foregoing
that those Brothers [are] altogether {alienos} removed not only from
the reception, ownership, lordship, or use of that money, but also
from any [correctione: substitute contrectatione, as F & Fm]
handling of it whatever, and from the money itself.
[Article 8. On spending monies after the death of the
donor] However in the case when the giver of money happens to die
before the money is converted into a licit purchase {commercium} of a
thing to be kept or used: if in giving the giver said or expressed
that the person appointed should spend that money for the necessary
use of the Brothers: whatever becomes of the giver living or dead,
whether the giver leaves such an heir, or not: the Brothers can have
recourse to the person appointed (notwithstanding the giver's death
or the heir's opposition) for the spending of that money, just as
they could to the lord himself who gave it.
[Article 9. On any remaining money left over] Now
because we are zealous with the affection of our inmost heart for the
purity of this {ipsius} order, since in the aforesaid cases it
happens that money is granted by someone for a determinate need (as
is said above), the giver of the money can be asked by the Brothers,
if any of that money is left over when the determinate need is met,
to consent to the remainder of the aforesaid money being converted
into other things for others of the aforesaid needs of those
Brothers: and if he does not consent to the aforesaid, let that
remainder (if there is any) be restored to him. But let the Brothers
take care to {coaptent} conduct themselves carefully so that they do
not knowingly consent for more to be given than it can be estimated
with likelihood that the necessary thing for which the money is given
will cost.
[Article 10. On the presumption in favour of licit
means] And since giver or recipient could easily err in the earnest
{seriosa expostione} explanation {misunderstand one another?} of the
foregoing matters, in order that care may be taken more safely on all
sides for the clearer advantage of the givers, for the purity of the
order, for the simplicity of some of the simple, for the salvation of
souls: that understanding which in this case is sufficiently grasped
by a sensible intelligent person, we make clear {lucidamus} in the
text of the present eternally valid constitution, wishing it to be
brought to common knowledge: namely that always, when money is sent
or offered to those Brothers, unless the sender or offerer expresses
something else, it is understood to be offered and sent exactly in
the aforesaid ways. For it is not likely that anyone without
expression proposes {praefigere} for his alms that mode by which both
the giver deservedly, or those for whose needs he intends to provide
by such donation, are defrauded either of the effect of the gift, or
of their purity of conscience.
[Article 11. On legacies left by will] Moreover, {ad
haec}, since sometimes some things are left as legacies to those
Brothers in last wills under various modes, and what is to be done
about these is not contained expressly in the Rule, or in the
declarations of our predecessors: lest in future doubt arises among
them in providing for those leaving legacies, and taking care for the
consciences of the Brothers, we declare, ordain and say that if the
testator in leaving [such things] expresses a mode according to which
it would not be licit for the Brothers (in view of their condition)
to receive, -- for example [et: substitute ut, as in F & Fm] if
he should leave to the Brothers a vineyard or field {excolere --
let?} to cultivate, a house to let, or were to utter similar words in
similar matters, or observe similar modes in leaving [the bequest] --
let the Brothers abstain in very way from that legacy and from its
reception. But if the testator in bequeathing expresses a mode licit
to the Brothers -- for example, if he should say, "I leave money
to be spent on the Brothers' needs", or "a house",
"a field", "a vineyard" and the like, "to
this purpose, that it be sold" by some certain person, or
"by suitable persons, the money taken for these things {rebus
ipsis} to be converted into buildings or other needs of the
Brothers", or in bequeathing uses similar modes or words -- in
this case we decree that in every case and in all respects {in
omnibus et per omnia} (having considered their needs and the
{moderamen} regulations made above), what has been declared by us
above in the case of grants of money alms is, as far as concerns the
Brothers, to be observed. In paying these legacies let both the
testators' heirs and the executors show themselves liberal. And also,
let prelates and seculars to whom by law or custom {provisio} that
provision belongs, when it is expedient, show themselves ready in
their office to fulfil the pious wishes of the departed. For we also
intend to provide in ways that are licit and suitable to the
Brothers' rule, that the cupidity of heirs should be punished with
the blows of the law, lest the pious intention of deceased persons
{destituere} be disappointed, and the poor Brothers themselves be
defrauded of suitable help. If, however, something is left to the
Brothers themselves in general terms, without an expression of the
mode: in this legacy left thus indeterminately we will, and by this
present constitution order in perpetuity, to be understood and
observed in everything and in all respects {in omnibus et per omnia},
what we have above willed and expressed to be observed in respect of
money or alms indeterminately offered or sent to the Brothers:
namely, that it be understood to have been left to the Brothers under
a licit mode, so that neither the bequeather be defrauded of the
merit, nor the Brothers themselves of the effect of {relicti} the legacy.
[Article 12. On the exchange of books and movables]
Now it sometimes happens, or is advantageous, for books and other
movables that both the Order and the Brothers use, lordship of which
(when they do not belong to the lordship of others) is known to
pertain particularly to the aforesaid Church, to be sold or also
exchanged. Wishing to provide for the advantage of the Brothers, and
for their consciences, we grant by the same authority that the
exchange of such things for those things of which the use is
permitted to the Brothers, should proceed by the authority of the
General and Provincial Ministers in their administrations jointly or
separately: to whom also we grant [the power] to make ordinances
{ordinare} concerning the management of the use of such things. But
if it is possible for such things to be sold {aestimato pretio} for
an estimated price: since it is not licit, given the prohibition of
the Rule, for the Brothers themselves, directly or through another,
to receive money, we ordain and will that such money or price be
received and spent on a licit thing, of which it is licit for the
Brothers to have the use, through a procurator to be appointed by the
aforesaid see or by the Cardinal carrying on the direction of the
same order for {per -- in the name of} the aforesaid See, in
accordance with the mode ordained above in the case of past or
onrushing needs.
[Article 13. On gifts of little value] Concerning
movables that are worthless or of little value, let it be from our
present grant licit for the Brothers to give them away to others both
within and outside the order, with a view to piety or devotion, or
for some other honest and reasonable cause, the permission of their
superiors on this matter having first been obtained according to what
has been ordained among the brothers in general [chapter] or in their
provincial chapters both concerning these things that are worthless
or of little value and their value, and concerning the aforesaid
permission -- namely from whom and how it is to be had.
[Article 14. On the number of tunics] However,
although it is contained in the Rule "that the Brothers should
have one tunic with a hood and another without a hood", and it
can be seen that it was the intention of the founder of the Rule
that, when there is no {cessante} need, they should not use more, we
declare that, with the permission of the Ministers and Custodians
jointly and separately in the administrations entrusted to them, when
it shall seem good to them (with the necessities and other
circumstances having been considered that according to God and the
Rule it seems should be attended to), the Brothers can use more. And
by this let them not be seen to deviate from the Rule, since even in
it it is expressly declared that "the Ministers and Custodians
should take great care for the needs of the sick, and for clothing
the Brothers, according to places and times and cold regions".
[Article 15. On ministers and their delegates for the
brothers' needs] And although the aforesaid Rule contains "that
for clothing the Brothers and the needs of the sick the Ministers
only, and the Custodians, should take great care", and the word
"only" seems to restrict the Ministers and Custodians in
this care so that prima facie it excludes others from it,
nevertheless, because it befits us to consider carefully both the
time when the {regulae institutae} Rule was established, when the
Brothers themselves, in comparison with the present, were few in
number, and perhaps the Ministers and Custodians seemed then to be
able to suffice to take care of those matters, and likewise the
increase of the Brothers and the character of modern times: and it is
not likely that blessed Francis, the founder of the Rule, wished to
{praefiger} fix upon the Ministers and Custodians a yoke of
impossibility, or wants as a consequence of that impossibility the
Brothers themselves to lack what they need, we grant that those
Ministers and Custodians can carry out the solicitude of such care
through others. Other Brothers also should also diligently discharge
{gerere} such care, which by this Rule is incumbent especially on the
aforementioned Ministers and Custodians, when it has been committed
to them by the latter.
[Article 16. On labour] It is also contained in the
Rule that "Brothers to whom the Lord has given the grace of
labouring, should labour faithfully and devotedly: so that (idleness,
the enemy of the soul, being excluded) they do not extinguish the
spirit of holy prayer and devotion". However, because some have
sometimes hitherto tried, from {verbo} that passage, wickedly to
stigmatise the Brothers themselves for inactivity of life and
transgressing the Rule, we, curbing such abominable attacks, declare
that, having considered the aforesaid words and the form or manner of
speaking under which the Brothers are led into such exercise, it does
not seem that it was [the founder's] intention to subject those
occupied in study or the divine offices, and the ministries that have
to be carried out, to manual labour or work or to confine them to
this: since by the example of Christ and of many holy fathers
spiritual labour {iste, ille} preponderates over manual as much as
matters concerning the soul are preferred to bodily matters. However,
we declare that the aforesaid words extend (lest they live in
idleness) to others who do not exercise themselves in the aforesaid
spiritual works, unless such [brothers] are occupied in licit
services for the other Brothers: unless indeed such Brothers were
[noted for] such excellent and notable contemplation and prayer that
rightly on this account they should not be withdrawn from so good and
pious an exercise [pro huiusmodi: et pio Fm]. For any Brothers not
occupied in study or in divine ministries but bent on {inhaerentis}
serving other brothers occupied in study, or other divine offices and
ministries, deserve [tantum pro servitiis: om. Fm] to be sustained
along with those they serve: this is asserted by that equitable law
which that hardy fighter David justly decreed, namely that the shares
of those going down to the battle and of those remaining with the
baggage were to be made equal.
[Article 17. On preachers] However, because it is
expressly contained in the Rule that "the Brothers should not
preach in the bishopric of any bishop when that has been forbidden to
them by him": in this, both deferring to the Rule, and
nonetheless preserving the authority of Apostolic plenitude, we say
that the aforesaid {verbum} words should be observed to the letter,
just as the Rule states it: unless, for the advantage of the
Christian people something else has been granted or ordained
concerning this by the Apostolic See, or is granted or also ordained
in future. And because in the same chapter of the Rule it is
immediately added that "none of the Brothers should dare at all
to preach to the people, unless he has been examined and also
approved by the Minister General, and unless the office of preaching
has been granted to him by him [the Minister]": considering both
the past state of that order in its paucity, and the modern [state]
with the increased number of brothers, and (as is fitting) the
advantage of souls, we grant that {nedum} not only should the General
Minister examine and approve the Brothers who are going to preach to
the people and grant them a licence to preach, so far as that licence
itself were to relate to the suitability of the person and the office
of preaching, as is contained in the Rule: but also the Provincial
Ministers can do this in provincial chapters with the definitors,
which is indeed said to be observed today, and to be contained in the
Brothers' privileges. This licence the aforesaid Ministers can indeed
revoke, suspend and restrict, just as and when that seems to them
advantageous to do.
[Article 18. On the receiving of brothers] But since
we bear this among our desires that the salvation of souls should
advance to the glory of God and that the said order [dicto ordini:
dictus ordo Fm], by which the affection of the Christian religion is
continually inflamed to divine love, should be increased in merit and
number [meritum et numerus: merito et numero]: we grant, and by the
present statute confirm, that it is licit not only for the General
Minister but also for the Provincial Ministers to receive as Brothers
persons fleeing from the world; this licence of the Provincial
Ministers can be restricted (as shall seem advantageous) by the
General Minister. However, let the vicars of the Provincial Ministers
know that, in the office of vicar, this licence is forbidden to them,
unless this is specifically entrusted to {ipsis} those vicars by the
same Ministers (we decree that it is licit fore them to entrust this
to vicars and to others). But let the {ipsi} Provincials take care
that they entrust this not indiscreetly, not indiscriminately, but so
considerately that they support with reliable advice those to whom it
comes to be entrusted so that all things proceed discreetly. And let
them not admit all indifferently to the order, but those only, who --
literacy, suitability and other circumstances recommending them --
can be useful to the order and can advance themselves by the merit of
their life, and others by their example.
[Article 19. On the Custodian to be sent to General
Chapter] Moreover, to those Brothers of the aforesaid order who
doubt, since it is said in the Rule that when a General Minister dies
an election of a successor may be held by the Provincials and
Custodians in the Pentecost Chapter, whether it is necessary to
summon to the general chapter the multitude of all the Custodians, or
whether it can suffice, so that all things are handled with greater
tranquillity, that some from the several provinces, who have the
opinion {vocem} of the others, should take part: we answer thus,
namely, that the Custodians of the individual provinces should
appoint one from among themselves, whom they send to the Chapter on
their own behalf with their Provincial Minister, entrusting their
votes or representations to the same. We have thought that a statute
of this sort, which they themselves decreed, should be approved. Our
same predecessor Gregory IX is said to have replied in this way in a
case of this sort.
[Article 20. On entry and access to monasteries of
nuns] Finally, because it is contained in the above mentioned Rule
that "the Brothers should not enter monasteries of monks, except
those to whom special permission has been granted by the See
aforesaid": although the Brothers believe that this should be
understood more narrowly {attentius} of monasteries of enclosed poor
{monialium} nuns, since the aforesaid See has special care of them,
and such an understanding is believed to have been declared by the
Provincial Ministers in a general chapter in a certain constitution
at the time the Rule was given, while blessed Francis was still
alive: the same Brothers nevertheless have asked to be informed
whether this should be understood of all generally, (since the Rule
excepts none), or only of those monasteries of nuns aforesaid. We
indeed answer that it is prohibited of convents {coenobiis} of all
nuns whatever, and by the word "monastery" we wish to be
understood the cloister, homes {domos-cells?} and interior offices,
for the reason that the Brothers can, for the sake of preaching or
seeking alms, go to the other places where secular men {convenire}
come at least those {Brothers} to whom it has been granted by their
superiors on account of their maturity or suitability; but always
excepted [seu pro: semper Fm] are monasteries of the enclosed
{inclusarum} [nuns] aforesaid, to which the faculty of going is given
to none without the special permission of the same See. Our same
predecessor Gregory IX is said also to have given this answer in that case.
[Article 21. On the testament of St. Francis] Moreover
{ceterum} Christ's confessor of holy memory, Francis, is said to have
commanded, at about the end of his life (his command is called his
Testament) that "the words of the Rule itself should not be
glossed", and (that we may use his [eisdem: eiusdem Fm] words),
"let it not be said that they should [debeat: debeant Fm] be
understood thus or thus", adding that "the Brothers should
in no way seek any letters from the apostolic See", and
inserting other things that could not be observed without much
difficulty. On account of this the Brothers, hesitating whether they
were bound to the observance of the aforesaid testament, sought that
such doubt be removed from their consciences by that same predecessor
of ours, Gregory IX. Attending to the danger of souls, and the
difficulties which on account of this matter they could incur,
removing doubt from their hearts [conscientiis: cordibus Fm],(as it
is asserted) he said that the Brothers themselves are not bound to
the observance of his command which without the consent of the
Brothers, and especially of the Ministers, all of whom it touched,
could not oblige, nor did he oblige his successor in any way at all,
since equal does not have command over equal. And we have decided
that no innovation should be made concerning this article.
[Article 22. On various other declarations by earlier
supreme pontiffs] Moreover {ad hoc}, we have understood that various
letters have issued from some of our predecessors the Roman pontiffs
concerning the explanation of this Rule, and the rule itself and [ac
add. Fm] {contingentia} matters touching the Rule itself. But through
this the scoffing of the aforesaid biters against the Rule itself and
the Brothers has not been quieted, and by those letters it is not
provided [providere: substitute providetur, as in Fm] for the status
of the Brothers in many things in which experience of many cases
afterwards happening has indicated that it must necessarily be
provided anew or otherwise. We, therefore, lest the diversity, or
conflict of meaning, of such letters [with?] and of the present
constitution should disturb the minds of the Brothers in the
observance of the aforesaid, and so that care is {consulative} more
fully, clearly and certainly taken for their status and for the
observance of the aforesaid Rule in each and every one of those
articles which the constitution itself contains, (although they, or
some of them, may [also?] be contained in the other apostolic letters
mentioned above): we decree that this our constitution, declaration
or ordinance alone is to be observed by the Brothers themselves
precisely and inviolably for all time.
[Article 23. On this present constitution] Since,
therefore, it appears evidently from the aforesaid and other things
discussed by us with much maturity, that the Rule itself is licit,
holy, perfect and observable, and not open to any danger: by the
plenitude of Apostolic power we approve, confirm, and wish to stand
in perpetual firmness that [Rule] {illa: substitute illam, Fm] and
all the statutes, ordinances, grants, dispositions, decrees,
explanations also and supplements, written by us above, commanding
strictly on the virtue of obedience that this constitution be read in
the schools just like the rest of the constitutions or decretal
letters. And since under licit colour some would be able to pour out
against the Brothers themselves and the Rule the dreadful poison of
their wickedness in reading, expounding and glossing, and by their
inventions distort the very meaning of this constitution, bringing it
out into diverse and conflicting opinions: and the diversity of
opinions and distortion of meaning could overwhelm the pious minds of
many and hold back the hearts of many from entering religion: warding
off the perversity of such detractors compels us to shut off to them
the way to the aforesaid, and to pre-determine for those reading this
constitution a certain way of proceeding. Therefore, under pain of
excommunication and deprivation of office and benefice, we strictly
command that when this present constitution happens to be read, it be
faithfully expounded to the letter, just as it is issued, and
concordances, contrarieties or diverse or adverse opinions are not at
all to be adduced by readers or expositors. Let glosses not be made
upon this constitution, except perhaps those by which a word, or the
sense of a word, or a construction, or the construction itself is
expounded as it were grammatically to the letter or more
intelligibly. And let not its meaning be distorted in any respect by
the reader, or be twisted to something other than the letter itself
means. And lest it be necessary for the said see [secundum praedicta:
sedem praedictam Fm] to labour further against such detractors: we
strictly command each and everyone, of whatever preeminence,
condition or status, not to dogmatise, write, determine, preach, or
speak wickedly, in public or secretly, against the aforesaid rule and
the status of the aforesaid brethren or the above things by us
enacted, ordained, granted, disposed, decided, explained,
supplemented, approved and also confirmed. But if in these [matters]
anything of doubt should arise in anyone, let it be referred to the
summit of the aforesaid apostolic See, that its meaning in this
matter be made manifest by its apostolic authority, to which alone it
has being granted [concedere: substitute condere, Fm] to make
statutes in these matters and to explain them once published. Those,
indeed, who make written glosses on this constitution except in the
way we have stated, doctors also and readers, if they teach in
public, who, of certain knowledge and deliberately, distort the
meaning of such constitution, those also who make a commentary,
writings or pamphlets, and who, of certain knowledge and
deliberately, determine in the schools, or preach, against the
aforesaid, or against any parts or part of the aforesaid --
notwithstanding any privileges or indulgences or apostolic letters,
granted to any offices, persons, orders or places whatever, religions
or secular, generally or singly, under whatever form or expression of
words (which we are not willing to be recommended in the foregoing to
anyone in any way): let them know that they lie under sentence of
excommunication, which we now pronounce upon them, from which they
can be absolved by no one but the Roman Pontiff. Moreover, we wish to
be brought to the notice of the See mentioned both those against whom
sentence of excommunication has been uttered by us, and also others
(if any there be) who go against the foregoing, or anything of the
foregoing; so that those whom the foreseen mode of justice does not
restrain from forbidden things the rigor of apostolic punishment may repress.
[Article 24. Cobclusion] Let it be permitted therefore
to no man at all to make void this page of our declaration,
ordinance, grant, disposition, approbation, confirmation and
constitution, or by rash daring to go against it. And if anyone
presumes to attempt this, let him know that the will incur the
indignation of almighty God and of his blessed apostles Peter and
Paul. Given at {Siriani}, XVIII Kalends of September, in the second
year of our pontificate [August 15, 1279].
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