[Wherein] every doubt concerning the rule of the friars
Minor [is] defined, and others already defined by his predecessors are set
forth
more seriously and clearly. (Folio 184; year II, number 156; Potthast 21628)
The constitution made by the lord Pope
Nicholas III on the confirmation of the rule of the friars Minor.
Nicholas
Bishop servant of the servants of God.
For an everlasting memorial.
Soriano, Italy: August 14, 1279 A.D.
He who sows went forth from the
bosom of the Father into the world to sow His own seed, clothed with the
garment of humanity, namely, the Son of God Jesus Christ, to sow the
evangelical word among the approved and reprobate, the foolish and the
learned, the studious and the slothful, and according to the prophets to be
the farmer on earth who would disperse His own seed, the evangelical doctrine,
without destruction, among all [men], who drawing all things to Himself had
come to save each [of them], who afterwards for the salvation of all [men]
immolated His very self to God the Father as the price of human redemption.
However He allowed this seed to fall among individuals by the communicative
charity of God, not so other [seed which He let fall] dispersed upon in the
road namely upon hearts accessible to the suggestions of the demons, [and
still] other [seed which He let fall] among thorns namely upon hearts
lacerated by the solicitude for riches, and therefore one was trampled by
depraved affections, the other by aridity, since it was lacking in the humor
of grace, the rest, suffocated by inordinate solicitudes, was overgrown, but
good ground received the other [seed] meek and docile in heart.
The Religion of the Friars Minor is founded upon the Gospel and
strengthend by the teaching and life of Christ and His Apostles
2. This is the meek and docile religion of the friars Minor, rooted
in poverty and humility by the gracious confessor of Christ, Francis, which
sprouting the sprout from the true seed strew the same by [means of] the rule
among his sons, whom he generated to be his own and God's through his ministry
in the observance of the Gospel. These very ones are the sons, who by the
teaching of Jacob have received the eternal Word, the Son of God, sown by
human nature in the garden of the virginal womb [and] powerful to save souls
in meekness. These are those professors of the holy rule, which is founded on
the evangelical discourse, strengthened by the example of the life of Christ,
and made firm by the sermons and deeds of His Apostles, the founders of the
Church militant. This is in the sight of [our] God and Father [that] clean and
immaculate religion, which descending from the Father of lights through His
Son having been handed on to the Apostles verbally and by exemplar, and at
last through the Holy Spirit to blessed Francis, and having inspired those
following him, contains entirely in itself a quasi testimony of the Trinity.
This is that, to which with Paul attesting no one for the sake of [anything]
else ought to be molested, which Christ confirmed by the stigmata of His
passion, willing [as He did] to notably mark with the sign of His very own
passion the institutor [of the said religion].
God, the Pope, and the Church have approved their way of life.
3. But the craftiness of the ancient foe has not on that account
ceased against the friars Minor themselves and against [their] rule: indeed
shining more powerfully against them to sow cockle among them he has meanwhile
stirred up rivals agitated by envy, anger and indiscreet justice to harass the
friars, and with the barkings of a dog to lacerate their rule as illicit,
unobservable and divisive, not attending [as they do] to this holy rule, as
has been said before to have been instituted with salutary precepts and
admonitions, strengthened by apostolic remarks, confirmed by the Apostolic
See, fortified by so many divine testimonies, which has been made exceedingly
credible in so many holy men living and ending their days in the observance of
this kind of rule, of whom not a few this same See has made to be inscribed in
the album of the Saints on account of their life and miracles, and which in
almost these last days themselves by [means of] Our predecessor Pope Gregory X
of pious memory has been approved on account of it evident utility, [and] to
which, after it was declared in the general council of Lyon, the universal
Church on Her own has adhered.
God providence protects the Order
4. Nor have We been less attentive, indeed We have pondered [this]
more profoundly, just as the rest of those who profess the catholic faith
should more subtly think [about it], because God Himself looking upon the
aforesaid order and the observers of it has thus preserved them with salutary
protection from the rancor rising up against them, because the tempestuous
wave neither smashed them nor did it terrify the souls of those living in the
order itself, rather do they grow more ably in the vigor of regularity and
they are increased in the observance of their norms. But however so that the
aforesaid order pure and separate from whatever things that would break it up
into pieces may flourish with brightness, just as the friars of the same order
gathered in general chapter recently provided, after Our beloved sons the
ministers general and not a few other provincial of the same order, who
convened in the same chapter, have stood together in Our presence, since their
intention for a complete remark regarding the same rule is fervently known
from the vigor of their spirit; it has seemed to Us [right] to close off the
ways of attack to attacks of this kind, to declare other doubts which could
appear in the same rule, to scatter with fuller clarity not a few things
declared even by Our predecessors, [and] to provide even in other things
touching the rule itself for the [sake of] the purity of their consciences.
My personal knowledge of the Rule and the Intention of its Author
5. Likewise We, who from tender years have aroused our affection for
the order itself, growing up in that time have discussed in frequent
collations with some of the same confessor's companions, to whom his life and
conversation were known, the very rule and holy intention of blessed Francis
himself; and later as a cardinal and shortly afterwards by [choice of] the
same See, the order's governor, protector, and corrector, We have handled the
actual conditions of the aforesaid order on account of Our imminent concern;
driven to keep Ourselves informed in the duty of the apostolate as much
concerning the pious intention of the aforesaid confessor as concerns those
things which the rule itself and its observance contain, on account of the
aforesaid things and even from long experience We had recourse to the
aforesaid order [itself]; and no less those things, which by Our same
predecessors are known to have been approved and declared, than even the rule
itself and its contingents, which We with full maturity have discussed, in the
sequence [of this] present [document] We have established, declared, [and]
approved more certainly, [and] We have strengthened, described and conceded
those things which have been approved, and even others, by arranging [them]
more clearly and in order, which are expressed more fully in the following
articles.
Obligation of the Rule in General
6. In the first place since, as We understand, it is hesitated by
some whether the friars of this order are bound as much to the counsels as to
the precepts of the Gospel, not only since in the beginning of the aforesaid
rule is found: "The rule and life of the friars Minor is this, namely, to
observe the Holy Gospel of Our Lord Jesus Christ by living in obedience,
without [anything of] one's own and in chastity," but also from that which is
contained in the same rule as: "With the year of probation truly ended let
them be received to obedience promising to observe this [very same] life and
rule," and even also since in the conclusion of the rule itself are contained
these words: "That we may observe, as we have firmly promised, the poverty and
humility and the Holy Gospel of Our Lord Jesus Christ." It was right that Our
predecessor, Pope Gregory IX, of happy memory, declared this article and not a
few others of the same rule, but since His declaration on account of the
biting insults of others rising against the friars and [their] rule, and
afterwards by considering the occurrence of many emerging cases, seemed
obscure in some things, incomplete in others, and even insufficient regarding
many things contained in the rule itself: We, willing to remove obscurity and
insufficiency of this kind by a perfect declaration of interpretation and to
prune the scruple of whatever ambiguity regarding the same things from the
minds of individuals by the certitude of a fuller exposition, say that since
in the beginning of the rule not absolutely but with a certain modification or
determination or specification is placed: "The rule and life of the friars
Minor is this, namely, to observe the Holy Gospel of Our Lord Jesus Christ by
living in obedience, without [anything of] one's own and in chastity," which
three follows the same rule with much art and nonetheless subjoining not a few
others by precepting, prohibiting, counseling, warning, and exhorting, and
under [the form of] other words reducible to something of the manner of
precepts, it should be established more clearly concerning the intention of
the rule so that that which seems to be subjoined almost absolutely in
profession: "promising always to observe this very same life and rule:" might
be entirely reduced to the principle (modified, determined, or specified) of
this rule, namely, to the observance of the Gospel, as has been said, by this
same rule, modified or determined or specified in these three [vows]; since it
can not have the likeness of the truth that the same holy word came forth from
him (Francis) and at the same time with a certain modification or
determination or specification; as if it is right that he wanted it repeated,
in the repetition he himself made, somewhat succinctly by omitting
modification or determination or specification without certain cause, and as
the arguments of both [civil and canon] law teach Us, the things which [are]
in the beginning [of the rule], refer to the middle and to the end; indeed
those things which [are] in the middle [are] often refer to the end and to the
beginning, and the things which [are] at the end [likewise refer] to one or to
other of them. And given that it might be absolutely declared that in [its]
entirety: "I promise to observe the Holy Gospel," unless the professor of this
kind intended to oblige himself to the observance of all the counsels, which
hardly or never could he observe to the letter; on account of which such a
promise would seem to ensnare the soul of the one who professes, clearly it
would seem that a promise of this kind should not be binding to any conscience
without the intention of the one promising, unless the observance of the
Gospel be [understood] as the teaching explained by Christ, namely that the
precepts be observed by the ones promising as precepts and the counsels as
counsels. It is patently clear that blessed Francis had the same understanding
even regarding the same words in the arrangement of his proceeding; since he
indicates some Evangelical counsels as counsels with words of admonition,
exhortation and counsel, truly not a few with prohibition and a word of
precept: by which it is clear that it was not the intention of the one
speaking, that the friars from the profession of this kind of rule would be
held bound to all the counsels as to Evangelical precepts; but only as to
those counsels, which are expressed in the same rule as precepts or
prohibitions or under words equipollent words. Whence for the quieting of the
consciences of the friars of this same order We declare that from the
profession of this same rule the friars themselves are bound to observe those
things as Evangelical counsels which are expressed in the rule itself as
precepts or prohibitions or under equipollent words. Indeed to not a few other
counsels given by the Gospel are they more greatly bound, according to the
exigencies of their state, than are the rest of Christians, since by the state
of perfection, which they have assumed by a profession of this kind, they have
offered themselves as a holocaust of the heart to the Lord by [their] contempt
of all mundane things. But to all things which are contained in the rule,
whether precepts or counsels or other things, they are not otherwise bound by
a vow of this kind of profession except in that manner, in which they are
treated in the rule itself, so that they are bound to the observance of the
things, namely, which are indicated in the same rule under obligatory words:
indeed to pursue the observance of other things, which are contained under
words admonishing, exhorting, informing and instructing, or in whatever way
otherwise, is so much more fitting on account of its goodness and equity, by
which the imitators of so great a Father choose the stricter paths of
imitating of Christ.
The Poverty obliged by the Rule was taught and lived by Our Lord and His
Apostles
7. Moreover since the rule itself expressly contains that the friars
may appropriate nothing to themselves neither house nor place nor any thing,
and [thus] has it been declared by the same predecessor, Pope Gregory IX, and
by not a few others, that this ought to be observed not only individually but
also in common, which so strict an abdication insensate cleverness has
distorted with livid detractions, lest the clarity of the perfection of the
same friars wound with unskillful sermons of such ones, We say that the
abdication of this kind of property over all things not only individually but
also in common is in the sight of God meritorious and holy, which Christ
showing the way to perfection both taught by word and strengthened by example,
and which the first founders of the Church militant, just as [streams which]
had grown from the spring itself, in willing to live perfectly diverted along
their own stream-beds of doctrine and life, nor did anyone think to withstand
them because sometimes it is said that Christ had a purse; for so Christ
Himself, whose works are perfect, in His acts walked the way of perfection,
because sometimes condescending to the imperfections of the infirm yet He
would [still] extol the way of perfection, and He would not damn the infirm
paths of the imperfect; so Christ received the person of the infirm in
[receiving] a purse, and thus assuming in not a few other things an weak human
nature, just as is testified by the Evangelical narrative, He condescended to
the infirm not only in the flesh but also in the mind, for He so assumed human
nature that being perfect in His works [and] made humble according to our
[state], He remained exalted in His own. And thus by the highest dignity of
charity one, who does not turn away from the highest rectitude of perfection,
is drawn to certain acts conformable to our imperfection. For thus did Christ
act and teach the works of perfection, He acted even as one weak, just as is
sometimes patent by [His] flight and [His] purse; but being perfectly perfect
in both so that He might show Himself to perfect and imperfect as the way of
salvation, that He had come to save both, and that in turn He willed to die
for [the sake] of both.
This Form of Poverty will always be viable in the Church of Christ
8. Nor may anyone on account of these things erroneously assert that
those who abdicate property [over] all things according to God in such a
manner, bring about their own homicide or make themselves into tempters of the
living God: for thus they entrust themselves to Divine providence in living so
as not to contemn the way of human provisions, but rather they sustain
]themselves] both on these things which are offered freely or on those which
are begged humbly or on those which are acquired by laboring; which is the
threefold means of living provided for expressly in the rule. Indeed since
according to the promise of the Savior that the faith of the Church will never
fail, as a consequence neither will the works of mercy be taken from Her, on
account of which every reason for whatever diffidence seems to be taken from
the poor of Christ. And indeed where (which is not to be presumed to any
degree) these things might entirely fail, just as the way of providing for the
sustenance of nature, conceded by the law of heaven in a case of extreme
necessity to all those bound by extreme necessity, may not be shut up either
for others nor for the friars themselves, since one is to be excused from
every [positive] law on account of extreme necessity. But such an abdication
of property this does not seem to lead to a renunciation of the use of things
in every case for anyone; for since in temporal things is to be considered the
particular property, possession, usufruct, jus utendi and simple usus facti,
and lastly as much as driven by necessity, the life of mortals may be able, it
is lawful to lack these things, in short there can be no profession, which
excludes the necessary use for sustenance of himself, truly was he
condescending by this profession, by which he has vowed on his own to follow
the poor Christ in such poverty, abdicating the dominion of all things and
being content with the necessary use of those things conceded to himself.
The Rule oblidges the abidication of the jus domini and the
retention of the usus facti.
9. Nor by this, that one seems to have abdicated the property, use,
and dominion of whatever thing, is one to be conjectured to have renounced the
simple use of everything, who says not the usus juris but the usus
facti in as much as having the name of "facti" it offers however in the
using no right to those [so] using, nay even of necessary things as much as
for the sustenance of life as for the execution of the duties of one's state,
except that which is subjoined below regarding money, the moderate use
according to their rule and all truth has been conceded to the friars; which
things the friars can licitly use, during the license of the one conceding
[them], and according to that which is contained in the present arrangement
[of this document]. Nor is it discerned to resist these things that in human
things civil providence humanely prevails, namely that it is not possible for
use or usufruct to be separated from perpetual dominion; and lest the dominion
of the owner always be rendered useless by surrendering its use, the one
providing these things [should have] declared in [the act of] bestowing [them]
only a temporary use. Since the retention of the dominion of such things, when
by concession [their] use has been granted to the poor, is not unprofitable to
the owner since it is meritorious for eternity and opportune to the profession
of the poor, which as much as it is judged more useful for himself, so much
more that he exchange temporal for eternal things. Next [whether or not] this
was the intention of the confessor of Christ in instituting the rule; nay
rather he wrote the contrary in it, he observed the contrary in living [it];
since even he himself was for the necessity of using temporal things and
manifests in many places in the rule that such a use is lawful for the friars:
for he says in the rule that the clerics should recite the divine office, for
which the can have breviaries: from this insinuating openly, that the friars
would be having the use of [those] breviaries and books, which might be
opportune for the [recitation] of the divine office; also in another chapter
it is said that the ministers and custodes for the necessities of the infirm
and for the clothing of the other friars may conduct a solicitous care by
[means of] spiritual friends according to places and seasons and cold regions,
as might seem to them to expedite necessity; even in another [place] exhorting
the friars to avoid idleness by means of a fitting exercise of labor, he says,
that they may receive for themselves and for their brothers [those things]
necessary for the body as the wage for [their] labor; also in another chapter
there is contained that the friars may go about confidently for alms. Even in
the same rule it is had that in the preaching, which the friars do, their
speech be examined and chaste for the utility and edification of the people by
announcing to them vices and virtues, punishment and glory. But this proves
that this supposes science; science requires study, the exercise of study
truly cannot be normally had without the use of books: from which it is
sufficiently clear to all [men] that from the rule the use of [those things]
necessary for food, clothing, the divine worship and study of wisdom have been
conceded to the friars.
This is an observable, possible, licit, meritorious, and perfect form of
evangelical poverty.
10. And so it is reasonably patent to intelligent men from the
aforesaid things that the rule [is], as regards an abdication of this kind,
not only observable, possible, and licit, but meritorious and perfect; and
more meritorious since by it the professors of the same are distanced greatly
from temporal things for the sake of God, as has been said. According to these
things, since the friars themselves are to acquire or be given nothing for
themselves in particular, the intention of the one conceding [them] is
believed to have been truly likewise, even if it was not expressed by the one
offering, so that he entirely concedes, bestows and offers, abdicates from
himself, and desires to transfer to others according to God the thing of this
kind which is offered, conceded or bestowed; nor is there a person, to which
in the place of God the dominion of a thing of this kind is fittingly
transferred, other than the aforementioned See or person of the Roman Pontiff,
the Vicar of Christ, who is the Father of all and nonetheless the special
Father of the friars Minor, lest the dominion of such things seem to be
uncertain, they may acquire the things offered, conceded or bestowed on
themselves, just as a son for [his] father in his own way, the servant for
[his] lord, and the monk for [his] monastery; the property and dominion, of
every utensil and book, and of those moveable things present and future, which
and of which it is lawful for the order, or for the friars themselves to have
the usus facti, because it was also judged to have been made by Our
predecessor, Pope Innocent IV, of happy memory, We, by [Our] apostolic
authority, receive as Our own and that of the Roman Church, and sanction to
fully and freely pertain to Ourselves and the same Church by this present
Constitution being valid in perpetuity.
Let the Friars beware of transgressing this obligation even in
appearances.
11. Besides places purchased with various alms and offered or
conceded to the friars under whatever form of words, it is right that the
friars should beware of themselves that in words of this kind there not be
used by other persons [formulas] incompatible with their own state, whether by
the possessors in common or by those holding certain parts of the same place
in which those possessing in common, or those holding certain parts might keep
nothing for themselves in an offering or concession of this kind; similarly
under Our law and dominion and property and by the authority of the same
aforesaid Church We receive [all such places]. Truly let them inhabit places
or houses, conceded in their entirety or even offered by an individual or a
college, if it might happen that the friars inhabit such [places] by the will
of the one conferring [them], as shelter for the friars for as long as the
will of the one conferring [them] perdures; and that freely besides the church
and oratories attached to the church and the cemetery, which as much now and
future under Our law and property and in a similar manner that of the
aforesaid Roman church and under Our authority We receive, [but] after a
change in the will of the one conceding [the place(s)] and when this becomes
known to the friars themselves let them abandon them. Of which places We
retain completely nothing under Our dominion or property or under that of the
aforementioned Roman church, except those things specially received by Our
assent or by that of the same Roman church; and if in these same places the
one conceding might reserve the dominion in [the act of] conceding them for
the sake of sheltering the friars, such dominion does not pass under the law
of the oft-quoted Church, but rather remains fully free for the one conceding.
The Rule oblidges the usus pauper.
12. Moreover they should have neither utensils nor other things, the
use of which [is had] from necessity and for the execution of the duties of
their state [in life], nor indeed the use of all things, as has been said, to
any [degree of] superfluity, riches, or abundance, which would derogate
poverty such as either a treasuring up [of such things] or by such a spirit so
that they might alienate [such things], or sell [them], receive [them], either
under the appearance of providing for the future or by other occasions; nay
even let [their] abdication of all kinds of dominion and the necessity in
[their] use [of things] appear in all things [pertaining] to them. Let the
ministers and custodes together and individually in their administrations and
custodies dispose of these also with discretion according to the exigency of
persons and places, since concerning such things sometimes the quality of
persons, the variety of seasons, the condition of places and not a few other
circumstances more or less or otherwise require to be provided for. Let them
do those things however so that holy poverty may always shine forth in them
and in their deeds, just as it is appointed them [to do] from their rule.
The Rule oblidges the non-use of money. How this is to be observed.
13. Moreover since it is prohibited under the stricture of precept
in the same rule that the friars not receive through themselves or through
others coins or money in any manner, and so that the friars may desire to
observe [this] in perpetuity and so that they may be obliged to fulfill what
was necessary to be enjoined [upon them], lest their purity in the observance
of this kind of precept be stained in any thing or [lest] consciences of the
friars be pricked by any goading anguish, this very same article for the sake
of rebutting more profoundly those who are detracting it, which Our
predecessors had done taking it up, and pursuing the same by more clear
determinations We say first of all, let the friars themselves abstain from
contracting debts [mutua]; since for them to contract a debt, considering
their state [in life], is not lawful, nevertheless they themselves can, for
making satisfaction for their necessities, which might occur for a time when
alms have ceased, concerning which it may not be able to be satisfied
conveniently at the time beyond promising a bond of some sort of obligation,
which by means of alms and other friends of the friars they intend to work
faithfully to repay this kind [of debt]. In which case it is to be procured by
the friars, that the one who will give alms through himself or through another
who is not to be nominated by them, if it can be done, but by himself more
according to his own chosen pleasure, make satisfaction of this kind in
entirety or in part, just as the Lord will inspire him. If however he himself
does not want to do this or cannot, or his departure [from office] is
imminent, or because to those whom he wishes to commit [the matter], he has no
knowledge of their trustworthiness, or on account of whatever other happening
or cause, We declare and say that in no [way] is the purity of the rule
infringed nor is the observance of it stained in any manner whatsoever, if the
friars themselves care to make known to him [the trustworthiness] of another
or of others, or to nominate someone or others or even to present him or them,
to whom, if it pleases such to give alms, the execution of the aforesaid
things can be entrusted; and let his approval of the below- written
replacements be had: nevertheless so that in the power of the one giving
dominion, property and possession of his own money with power free to recall
the same money to himself always up until its conversion into the deputed item
with those things fully, freely and integrally remaining, the friars may have
entirely no right to the money itself nor [may they have its] administration
or dispensation, nor may they themselves hold against the person nominated or
not nominated by them, in whatever condition he might be, in court or outside
it, a judicial prosecution or any other right howsoever the aforesaid person
[have conducted himself] in a commission of this kind. Nevertheless it is
lawful for the friars to make known and specify and manifest their necessities
to the aforesaid person and to beg him to fulfill them. They can even exhort
and induce the same person to conduct himself faithfully in the matter
committed [to his care]; and to take care of the salvation of his soul in the
execution of the matter committed to himself, to this extent, that the friars
abstain entirely from all administration or dispensation of this money and
from [all] action or judicial prosecution, as has been said, against the
aforesaid person. If truly it might happen that a person of this kind,
nominated or not nominated by the friars, not be able to execute through
himself the aforesaid [matter] because of absence, infirmity, free-will or
distance of places, on account of which he himself does not wish to present
[himself], in those [places where] the payment may be made or the satisfaction
[of the debt] made, or to be impeded for some other reason, it is lawful for
the friars with a pure conscience as much as to substitute one other person to
the aforementioned [matter] by nominating [him] and others, if they cannot, or
do not wish to have recourse to the first donor, since as just above We have
declared that it is lawful for them to so nominate such a person. For when the
aforesaid satisfaction is presumed to be able to be expedited more swiftly,
the agency by-way-of-substitution, as has been said, is more commonly and more
generally considered by the first of the two persons to be [the one] able to
suffice in the execution of the aforesaid things. If however in the mean time
because of the distance of places, in which the satisfaction might be made and
where there emerges conditions or other circumstances in the case, in which
the agency of many substituted persons seems opportune, it is lawful for the
friars themselves in this case according to the character of the business
[and] with the aforesaid method observed to choose, nominate, or present many
persons to execute that agency. And since it is right and expedient that for
the necessities of the friars not only for those for which there might have
already been made a payment or a satisfaction, as has just been said above,
but even for those things imminent, either violent necessities which they are
able to expedite for a short time, or such granted that [they be]
comparatively few, the provision for which [things] has been brought about by
[something] necessary, as in the writing of books, the construction of
churches or buildings for the use of their habitation, the repair of books and
clothes in remote places, and other things similar, if as they might occur,
[they are] to be soberly provided for with the above mentioned regulation; so
that We may distinguish clearly among those necessities, We thus declare that
in them the friars can proceed safely and with a healthy conscience, namely,
that in violent or imminent necessity, which for a brief time or which
sometimes from other circumstances not so brief, as has been said above in the
last case, it can be expedited, as much as regards the one giving an alms as
regards the one nominated or substituted in all these, and for all these let
it be conducted just as in the article on making payment for past necessities
[which] We have declared just above. In that true necessity however much
violent at the present, which however from its quality, as has been said, has
been protracted for a time, because in this case it is true that then by
reason of the distance of places, which on account of the character of the
necessity itself would require traveling, then also by considered reason of
the circumstances of the same necessity there would frequently befall cases,
in which it would be right that the money deputed for this kind of necessity
would pass through diverse hands and persons, for whom of all [these] persons
it would be almost impossible that there be a principle owner who deputes
money for this necessity or even one [who was] substituted by him, and third
also by the substituted one himself if such a case would happen, after the
substitute has received notice, We declare and say that in this article
besides those two methods explained regarding past necessities and those
violent which might be for a brief time, or sometimes not brief, as is
expressed above, to be expedited, as We have said before are to be observed,
to protect in every way the purity of the Rule itself and its professors, that
if there be at hand one giving out abundantly alms of this kind or his nuncius,
who is able to do this, to whom it is expressly said beforehand by the friars
that it would please themselves that with the dominion of such money freely
remaining in the possession of him always, with the free power of recalling to
himself the very same money, even until its conversion into the thing deputed,
as has been said in the other two above cases, through however many hands or
persons, nominated by him or by the friars, the money or alms itself be borne,
the entire [matter] proceed with his consent, will and authority, in order
that by granting his assent to the aforementioned things the friars can use
safely the thing bough or acquired by that money by whomsoever according to
the manner described above. However for a greater clarity [regarding] the
aforesaid things We declare the following be valid in perpetuity [regarding]
the method of providing [for such things], to the end that the friars by the
aforementioned means, as has been said, with those things being observed
regarding money to care for their past and violent necessities, they are not
to be understood nor can they be said to receive money through themselves or
an interposed person contrary to the Rule, or to the purity of the profession
of their order, since it is patently manifest from the aforementioned things
that the friars themselves not only from reception, propriety, dominion or use
of the very money, but truly even from whatever handling of the same and [the
money itself] they be entirely prohibited.
The manner in which the Friars can have recourse to benefactors who have
money.
14. Truly in this case when beforehand the money itself has been
exchanged in a licit transaction for something to have or use, it customarily
has happened that the money being conceded, if the one conceding had said or
expressed in the act of conceding that the deputed might expend the same money
for the necessary use of the friars, whatever might happen to the one
conceding [it] in life or at death, whether the one conceding might relinquish
an inheritance of this kind or not, the friars have been able to have recourse
to the person deputed, not withstanding the death of the one conceding or a
contradiction of the inheritance, for that money [which was] to be expended
just as they had been able [to have recourse] to the owner himself [who]
conceded [it]. Because truly We are zealous for the purity of the order itself
with the intimate affection of the heart, when in the aforesaid cases for the
sake of a determined necessity, as has been said, it has happened that money
has been conceded for some [purpose], the one conceding the money can himself
be begged by the friars, that if any [amount] of the money had for the
determined necessity would remain, that the one conceding [it] himself consent
that the remainder of the aforementioned money be exchanged into other things
for the other aforesaid necessities of the friars themselves; to the end that
[when] he does not consent to the aforesaid thing, the remainder, if there was
any, be restored to him. Let the friars beware, however, that they
solicitously agree amongst themselves so that they do not knowingly consent
[that there] be conceded to themselves more [money] than in the semblance of
the truth can be judged to be the value of the necessary thing for which the
money itself is conceded. And since in the orderly exposition of the aforesaid
things the giver or recipient can easily err, so that more clearly for the
utility of the ones giving, for the purity of the order of [those] other
simple men, for the health of souls on this side and that more securely that
understanding be considered, which sufficiently in this case be understood by
a sane thinker and [so] We are elucidating [all this] in the order of a
constitution [that is] to have an eternal validity, wishing [as We do] that it
be brought to the attention of the public, namely that always when money is
sent or offered to the friars themselves unless expressly by means of the one
sending or offering something be expressed, it is to be understood to have
been offered and send by the aforesaid means. For it does not have the
semblance of truth that someone would want to fix beforehand that means
[concerning] his alms without expressing [it], by means of which even the
donor be defrauded of merit or those for whose necessities there be intended
by providing a gift of this kind be defrauded either of the effect of [such] a
gift or of the purity of their conscience.
How last testiments should be formulated and interpreted in their
regard.
15. Regarding these things, since sometimes not a few things are
assigned in diverse ways in last wills [and testaments] to the friars
themselves, nor are there expressly contained [anything] concerning these
things in the rule or the declarations of Our predecessors, lest in these
things doubting befall the legators in the future [when] providing [for the
friars], and [so] taking precautions for the consciences of the friars We
declare, ordain, and say that if the testator expresses a manner according to
which it would not be licit for the friars, considering their condition, to
receive [the grant], so that if he might assign to the friars a vineyard or
field for cultivating, a house for leasing, or would mention similar words in
similar [cases] or would observe similar means in bequeathing [such things],
let the friars abstain by every means from such an grant and its reception. If
the testator truly has expressed a licit means in assigning to the friars, as
if he would say: "I assign money to be expended for the necessities of the
friars, or a house, field, vineyard and similar things so that by [means of] a
certain person or suitable persons they be sold and the money accepted for
these things be exchanged for a building or other necessaries of the friars,"
or [if] there are used similar means, or words, in assigning, in this case We
judge that quantity to be observed regarding the friars in all things and by
means of all things, [having] considered their necessities and [in accord
with] the aforesaid regimens, which has been declared by Us above regarding
the granting of monetary alms. For the payment of which things, having been
assigned, let both the heirs of the testators as well as the executors show
themselves liberal, as prelates and even seculars, to whom such a provision
might pertain by law or custom, since it will be expedient that they show
themselves to have been prompted from their office to fulfill the pious wills
of those who are needy. For even We intend to provide by means licit and
congruous with the rule of the friars so that the pious intention of deceased
[persons] be not thwarted, and [so that] the cupidity of the heirs may be
borne away with legitimate measures, and [so that] the poor friars themselves
be not defrauded of opportune assistance. If truly something be assigned to
the friars in a general manner without expressing the means, in regard to this
grant bequeathed so indeterminately We wish in all things and by all things
[that there] be understood and observed, and in perpetuity by the present
constitution we command, that which above in [regard to] money or alms offered
or sent to the friars [in an] indeterminate [manner] We have wished and
expressed to be observed, namely so that in a licit manner it be understood to
have been bequeathed to the friars so that neither the legator of merit nor
the friars themselves of the effect of the bequest be defrauded.
How and in what manner the Friars should conduct themselves in regard to
movable goods.
16. Because truly the dominion of books and other movable [goods],
which both the order as well as the friars use, which however to not belong to
others, are worthy to pertain especially to the aforementioned church, to whom
it sometimes befalls [to have] books and movable [goods] or for whom it is
expedient to sell or even exchange [such things], desiring to provide for the
advantage of the friars and for their consciences We concede by the same
authority that the exchange of such things and as regards them, the use of
which it is licit for the friars to have, proceed by the authority of minister
general and ministers provincial united or separately in their
administrations, for which [ends] We concede the arranging of the disposition
of the use of such things. If truly happens that a thing of this think be sold
at an price that has been estimated, since it is not lawful for the friars to
receive money through themselves or through another [since] the rule prohibits
[this], We ordain and wish that such money or price be received and expended
for a licit thing, whose use it is licit for the friars to have, by a
procurator deputed by the aforementioned See or by the cardinal entrusted with
the governance of this same order by the See itself according to the manner
ordained above regarding past and violent necessities. Concerning cheep or
movable [goods] or those equal in value that is lawful for the friars from
[this] present concession of Ours, having considered [their] piety and
devotion or for another honest and reasonable cause, [and] having obtained the
permission of their superiors about this beforehand, according to that which
will have been ordained among the friars in general or provincial chapters
both as regards cheep things themselves or those equal in value, and the value
of these, as well as the aforementioned permission, that is by whom and how
largess to others, within and without the order, is to be managed.
Poverty in clothing.
17. It is lawful on the other hand that there be contained in the
rule that the friars have one tunic with a capuche and another without a
capuche, and [since] this can seem to have been the intention of [its]
institutor that [with] the cessation [of] necessity many habits are not to be
used, We declare that the friars can themselves be entrusted, according to the
permission of the ministers and custodes united or separate in their
administrations, when it will seem to them, having pondered [their]
necessities, and other circumstances, which seem [should] be attended to
according to God and the rule, to use more, nor by [means of] this do they
seem to deviate from the rule since even in it there is said expressly that
the ministers and custodes are to exercise solicitous care of the necessities
of the infirm and the clothing of the friars according to places and times and
frigid regions.
The superiors may delegate their responsibility and authority regarding
the necessities of the community.
18. And although the aforesaid rule contains that regarding the
clothing of the friars and the necessities of the infirm the ministers as much
as the custodes should exercise solicitous care, and that saying binding the
ministers and custodes tightly in this duty to the extent that it seems at
first glance to exclude others from it, because however it is fitting that We
consider solicitously both the time [during which] the rule [was] instituted,
when the friars themselves were few in number in comparison to the present,
and perhaps the ministers and custodes seemed then to suffice to be able to
procure these [things], and nonetheless the extent of the multiplication of
the friars and the quality of modern times, nor does it have the semblance of
truth that blessed Francis the institutor of the rule either to have wanted to
fix beforehand a yoke of impossibility upon the ministers and custodes or to
want the friars themselves from the consequences of this same impossibility to
lack their necessities, We do concede that the ministers and custodes
themselves can exercise this manner of solicitous care by [means of] another.
Also other friars should even diligently exercise care of this kind which is
incumbent upon the aforementioned ministers and custodes from the rule, when
this has been committed to them by these same [ones].
Of work and spiritual labors.
19. There is contained also in the rule that the friars, to whom the
Lord has given the grace of working, should work faithfully and devotedly so
that having excluded idleness, the enemy of the soul, they may not extinguish
the spirit of prayer and devotion. Since truly on account of this passage some
have sometimes striven to accuse the friars themselves of idleness of life and
of bold transgression of the rule in this regard, We restraining monstrous
verbal attacks of this kind do declare that having considered the aforesaid
words and the form and manner of speaking, under which the friars are led to
an exercise of this kind, it does not seem to have been the intention of the
institutor that he would subject those spending time in study or the divine
offices and in the execution of ministries to manual labor or work or might
reduce them to this, when by the example of Christ and that spiritual labor of
many holy Fathers would so much outweigh him in as much as they preferred
those which are of the soul to those corporal. Truly to those others, who do
not exert themselves in the aforesaid spiritual works (unless such be occupied
in the licit services of other friars) lest they live idly, We declare the
aforesaid words to be extended, unless such are both so excellent and notable
in contemplation and prayer that for the sake of this merit they are not to be
withdrawn from such good and pious an exercise. For the friars [who] do not
spend however much time in study or the divine offices, but [rather]
inheriting from the services of those spending time in study or in other
divine offices and ministries, since for their very selves they merit to be
sustained by those who serve, because it has been established to have been
sanctioned by that favorable law, by which that vigorous fighter David justly
decreed, namely that the portion of those who descended into battle and of
those who remained among the baggage [train] was to be equal.
Of preaching to the people.
20. In truth because it is expressly contained in the rule that the
friars are not to preach in the diocese of any bishop, when they will have
been contradicted by him, in [regard to] this We, both deferring to the rule
and maintaining nevertheless the plenitude of Apostolic authority, say that
the aforesaid passage is to be observed to the letter, just as it is set forth
in the rule itself, unless there has been conceded or ordained or [if] there
be conceded in the future or even ordained something through the Apostolic See
concerning this [matter] for the utility of the Christian people. And since in
this chapter of the rule there be immediately subjoined that no friar should
hardly dare to preach to the people, unless he will have been examined and
also approved by the minister general and there be conceded to him by the
latter the office of preaching, We, adverting to both the past state of the
order itself in its littleness and the modern in the increased number of
friars and the utility of souls, as is fitting, concede that not only might
the general look to examining, to approving the friars to preach to the people
and to conceding to them the permission to preach, as far as the permission
itself pertains to the suitability of persons and the duty of preaching, just
as is contained in the rule, but also the ministers provincial can in
provincial chapters with the definitors [do] this, to the extent that it is
said to be observed even today and to be contained in the privileges of the
friars: that indeed the aforementioned ministers are able to revoke, suspend,
and abridge the permission, as and when it seems to them to be expedient.
To whom the right to admit vocations may be conceded.
21. But since among our desires there is borne this that for the
glory of God the salvation of souls and the said order be promoted, by means
of which [desire] the affection for the Christian religion is continually
enkindled according to divine love, [and that] it be increased in merit and
number, We concede and by the present statute establish that it be licit not
only for the minister general but also for the ministers provincial to receive
among the friars persons fleeing from the world, the permission of which
ministers provincial by [minister] general himself, as he will judge to be
expedient, can be abridged. Truly the vicars of the ministers provincial know
that [the granting of] this permission [is] forbidden themselves, unless by
these ministers, for whom We judge it is lawful to be able to commit this to
the vicars and to others, it be especially committed to the vicars themselves.
Let the ministers provincial themselves beware, however, that they do not
indiscreetly, nor indiscriminately, but [with] much consideration commit this
[permission to them], and thus let them support those, to whom this
[permission] happens to be committed, with faithful counsels to the end that
everything proceed discretely; nor are they to admit all indifferently to the
order but only those, who having been recommended by learning, suitability or
other circumstances, can be useful to the order, and [who can] by the merit of
[such] a life advance themselves and by [their own] example assist others.
On the election of the minister general.
22. Besides the friars of the aforesaid order doubting in regard to
that which is said in the rule, that with the decease of the minister general
there is to be an election of a successor by the ministers provincial and
custodes in the Pentecost chapter, whether it is fitting that the multitude of
all the custodes come together to the general chapter, or whether, so that
everything be managed with greater tranquillity, it may be able to suffice
that some from each province, who would vote in the name of others, would take
part, We give this answer that namely the custodes of each province are to
appoint one from [among] themselves, whom they are to send with their minister
provincial on their own behalf to the chapter, committing their votes and
powers to the same, because, when they have appointed [him] by themselves,
even We reckon a statute of this kind to have been approved, because also
[Our] predecessor, Gregory IX, in a case of this kind is said to have
responded in this manner.
On avoiding suspicious familiarity with women.
23. Finally sine there is contained in above mentioned rule that the
friars are not to enter monasteries of nuns except those [friars] to whom
special permission has been conceded by the aforesaid See, although the friars
have believed this to be understood more directly regarding the monasteries of
poor cloistered women religious, since the aforementioned See has a special
care for them, and the understanding of this by [their] constitution at the
time the rule was given, [when] blessed Francis [was] still living, is
believed to have been declared by the ministers provincial in the general
chapter, these same friars nevertheless ask [Us] to make certain whether this
regards all [women religious] generally, since the rule excepts none, or
whether it should be understood only the monasteries of the aforesaid women
religious. We at least respond that generally this is to be prohibited
regarding whatever communities of women religious, and We wish that by the
word "monasteries" there be understood "cloisters," "houses," and "interior
quarters," for [the sake of] this that at other places where lay men come
together, the friars can there be present for the purpose of preaching or
seeking alms, to whom it has been conceded by their own superiors on account
of their maturity and suitability, excepting always [those places belonging
to] the aforesaid cloistered monasteries; at which none are given faculty to
be present without special permission of this same See: because also [Our]
predecessor, Gregory IX, himself regarding this case is said to have responded
in this manner.
On the authority of the Testament of St. Francis
24. Moreover Francis, the confessor of Christ, of holy memory, is
said to have commanded about the end of his life, the command of whom is
itself call the Testament: that the words of the rule itself are not to be
glossed, and as we read his words, to this extent and thus he should be
understood, let it not be said, adding that the friars are not to seek in any
manner other letters from the Apostolic See, and inserting a certain something
that they cannot observe without much difficulty, on account of which the
friars, hesitating whether they were bound to the observance of the aforesaid
Testament, sought this kind of doubt to be removed from their consciences by
the same predecessor, Gregory XI. Who, as is told, attending to the danger of
souls and [its] difficulties, which could be incurred on account of it, to
remove doubt from their hearts told the friars that they were not held to the
observance of this command, because without the consensus of the friars and
more so of the ministers, all of whom it affects, it is unable to oblige,
neither did it oblige his successor in any manner, since as an equal among
equals he would not have [any] power [of commanding]. We moreover reckon that
nothing is to be innovated regarding the present article.
This constitution is to be observed by all the Friars.
25. Regarding these things We have understood that diverse letters
have come forth from not a few of Our predecessors, the Roman Pontiffs, about
the clarification of this rule and the rule itself and those things touching
[upon] it, but neither on this account has the insult of the aforesaid attacks
against the rule itself and [against] the friars grown quiet, nor by [means
of] these letters is provision made for the state of the friars regarding many
things, for which after the occurrence of many cases, experience has indicated
that there must be provision for new and otherwise necessary things. We,
therefore, lest the diversity of letters of this kind and or the present
constitution or a difficulty of understanding in the observance of the
aforesaid things perturb the souls of the friars, and so that more fully,
clearly, and certainly it may respect the interests of their state and the
observance of the aforesaid rule; in each and every of its articles which this
very constitution contains, although these or others may be contained in the
other Apostolic letters above mentioned, We judge that this Our constitution,
declaration, or ordination is to be observed exactly as such and inviolably by
the friars themselves for all time.
This Constitution is to have perpetual validity and is to be published.
Those who oppose it are to be excommunicated.
26. Therefore since from the aforesaid things and others discussed
by Us in great detail it is manifest that the rule itself is licit, holy,
perfect and observable, [and] not evidently exposed to any criticism, it and
all Our above written statutes, ordinances, concessions, arrangements,
decrees, declarations and even supplements, by the plenitude of Apostolic
power We approve, confirm and will to exist in perpetual validity, precepting
in virtue of actual obedience that this constitution, just the constitutions
or decretals of other letters, be read in the schools. And since under the
appearance of [what is] licit not a few in reading, expounding and glossing,
can pour forth the venom of their iniquity against the friars themselves and
the rule, and producing in diverse and adverse propositions according to their
own invention pervert the very understanding of this constitution, and [since]
the diversity of opinion and the distortion of understanding can entangle the
pious souls of many and steal the hearts of many from entering religion,
avoiding the perversity of such detractors urges us to prevent them from doing
the aforesaid things and to determine a certain manner of proceeding for those
who read this constitution. Therefore under the pain of excommunication and of
actual privation of office and benefice We precept that the present
constitution, when it will happen to be read, as has been mentioned, be so
faithfully expounded to the letter, [that] no harmony, contrariety or diverse
or adverse opinions be introduced by the lectors or expositors, [that] glosses
not be made upon the constitution itself, unless perhaps the word or sense of
the word, or the construction or the constitution itself, is expounded by them
grammatically just according to the letter or [to make it] more intelligible,
nor is the understanding of the same to be perverted by the reader into
something else or distorted into something other, than the letters themselves
mean. And lest the aforesaid See should labor further against detractors of
this kind, We precept strictly all [persons] and each [of them] of whatever
preeminence, condition or state, not to teach, write, criticize, preach or
speak perversely in public or private against the aforesaid rule and the state
of the aforesaid friars or against the aforementioned things established,
ordained, conceded, arranged, decreed, declared, supplemented, approved and
even confirmed by Us. But if anything pertaining to some ambiguity in these
[matters] would come forth, let it be submitted to the summit of the aforesaid
Apostolic See, so that by Apostolic authority itself there may be manifested
in regard to it the intention [of him] to whom alone it has been conceded in
these [matters] to establish statutes and to clarify those things [which] have
been established. Let doctors above all or lectors, truly glossing in [their]
writings this constitution [in a manner] otherwise than that, which We have
explained, while they teach in public, [both] from certain knowledge and
deliberation, distorting the understanding of this kind of constitution, [and]
also commenting, producing writings or booklets and making distinctions in the
schools, [both] from certain knowledge and deliberation, or preaching against
the aforesaid or other things or any [part] of the aforesaid things, not
withstanding other privileges or indulgences or Apostolic letters, conceded to
whatever persons of rank, individuals, orders, or houses religious or secular,
together or individually under whatever form or expression of words, which We
do not wish to be approved by anyone in the aforementioned [matters] in
whatever manner, [We say let them] know themselves to lie under the sentence
of excommunication, which We henceforth decree against them; from which they
cannot be absolved except by the Roman Pontiff. Besides to such as these,
against whom the sentence of excommunication has been decreed by Us, [and]
also to others, if there will be any, coming into Our [presence] or that of
the said See against the aforementioned things or [against] anything
[pertaining] to them, We wish there be brought notice, that the rigor of the
Apostolic punishment drives them from these forbidden things, whom a foreseen
measure of equity would not hinder. To no man therefore is it licit at all to
infringe this page of our declaration, ordinance, concession, arrangement,
supplement, approbation, confirmation and constitution or to contravene it
with temerarious daring. If he should do so, let him know that will incur the
wrath of the Omnipotent God and of His holy Apostles, Peter and Paul.
Given at Soriano, eighteen days before the Kalends of September, in the
second year of Our pontificate.
Pope Nicholas III
