Papal documents relating to Franciscan poverty

• Nicholas III, Exiit qui seminat (1279)
  
• Clement V, Exivi de paradiso (1312)
  
• John XXII, Quia nonnunquam (1322)
  
• John XXII, Ad conditorem canonum (1322)
  
• John XXII, Cum inter nonnullos (1323)
  
• John XXII, Quia quorundam (1324)
  
• John XXII, Quia vir reprobus (1329)
  

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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].