Papal documents relating to Franciscan poverty
See also
translations by Jonathan
Robinson of texts relating to Franciscan poverty by
Bonaventure, Michael de Cesena and William of St-Amour.
Return to Home
Page
|
POPE CLEMENT V, EXIVI DE PARADISO
Translated by John Kilcullen and John Scott
Copyright (c) 1996,
1998, R.J. Kilcullen, J.R. Scott.
"I
have gone out from paradise, I have said, 'I will water
the garden of plantations'", says that heavenly
gardener, who -- truly the fount of wisdom, the word of
God, from the Father and remaining in the Father,
begotten from eternity in these last days, with the Holy
Spirit forming him, made flesh in the Virgin's womb --
has gone out a man to accomplish the arduous task of the
redemption of the human race, giving himself as an
exemplar of heavenly life, offering himself to men. But,
since for the most part, burdened by the cares of mortal
life, man began to turn the gaze of his mind away from
the contemplation of such an exemplar, our true Solomon
made among the rest a certain garden of delight in the
soil [solio: substitute solo?] of the militant Church,
far from the stormy waves of the world, in which more
quietly and more securely one might be occupied
[vocaretur: substitute vacaretur, as in Friedberg] with
things to be contemplated and observed in the works of
such an exemplar; he entered into this world to water it
with the fruitful waters of spiritual grace and
teaching. This garden indeed is the holy religion of the
Brothers Minor, which, firmly closed round on all sides
by the walls of regular observance, content within
itself with God alone, is abundantly adorned by the new
plantations of its sons. Coming to this, the beloved son
of God gathers the myrrh of mortifying penitence,
together with spices which, with sweetness marvellous to
all, surround it with the odour of attractive holiness.
Here is that form and Rule of heavenly life, which that
extraordinary confessor of Christ, saint Francis,
described, teaching by word, and equally by example,
that it should be observed by his sons.
Because, however, the devout
professors and imitators of the said holy Rule - as
the alumni and true sons of so great a father too -
were striving, just as also they are fervently
striving, firmly to observe the foregoing Rule in its
purity and to the full, taking note that certain
things are contained in the text {serie} of the rule
that could convey a doubtful sense, they prudently had
recourse in time past to the apex of the apostolic
office to have an explanation of them, so that, having
been made certain by it [the pope], to whose feet also
they were subjected by that Rule, they should, with
all doubts driven off,be able to serve the Lord, with
full charity of conscience. Many of our predecessors,
the Roman pontiffs, in succession gave ear and mind
(as was worthy) to their pious and just supplications,
and explained those things that seemed doubtful,
published some things, and granted some, as seemed
expedient for the consciences of the Brothers and the
pure observance of their state. However, since
commonly, devout consciences, which are terrified at
any wandering in [from] God's way, are wont to fear
fault where there is none, the consciences of all
those Brothers have not been so fully quieted by the
said explanations but that some waves of doubt
relating to some things concerning the Rule and their
state are generated and arise in them, as is brought
to our ears often and concerning very many matters in
public and private consistories. Accordingly, it has
been requested humbly of us by those Brothers, that
{quatenus} we should take care, of the benignity of
the apostolic see, to provide opportune remedies of
explanation for the before mentioned doubts which have
occurred, and can occur in future.
We, therefore (whose mind from a
tender age has been fervent {efferbuit} with pious
devotion toward such professors of the Rule, and to
that whole Order) are now by the common care of the
pastoral rule that we unworthily bear, so much the
more ardently stirred up to foster them and more
kindly and attentively to bestow on them gracious
favours, the more frequently we reflect with intent
mind on the plentiful fruits we see come forth
continually for the whole of the universal Church from
their exemplary life and salutary teaching; moved by
the so pious intention of the supplicants, we have
decided that our efforts should be directed to
completing diligently what is asked, and we have
caused those doubts to be examined diligently by many
arch bishops and bishops, and masters of theology, and
others who are literate, prudent and discrete.
First of all, therefore, because we
find at the beginning of the said 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"; again,
below: "And when the year of probation is complete,
let them be received to obedience, promising always to
observe that life and the Rule"; again, near the end
of the Rule: "let us observe poverty and humility and
the holy Gospel of our Lord Jesus Christ, which we
have firmly promised" -- it has been doubted whether
the Brothers of the same order are bound by the
profession of their Rule to all the precepts as well
as all the counsels, of the Gospel, some saying that
they are obliged to all, others asserting that they
are obliged only to those three counsels, namely, "to
live in obedience, in chastity and without property",
and to those things that are placed in the Rule under
obligatory words, we ( sticking to the footsteps of
our predecessors concerning this article, following it
up more clearly in one respect) have decided that it
should be answered to the said doubt that, since any
person's determinate vow has to be considered as
certain, one who vows the rule cannot be said to be
bound, by the force of such a vow, to those Gospel
counsels that are not placed in the Rule. And, indeed,
this is proved to have been the intention of blessed
Francis, the founder of the Rule, by the fact that he
placed some Gospel counsels in the Rule, [praemissis:
substitute praetermissis] and passed over others. For
if by the words: "The Rule and Life of the Brothers
Minor is this" etc., he had intended to bind them to
all the Gospel counsels, it would have been
superfluous and nugatory for him to have expressed
some of them in the Rule and suppressed the rest.
Since however the nature of a restrictive term
{habeat} implies this, that it excludes from itself
extraneous things in such a way that it includes the
rest that pertain to it, we declare and say that the
said brothers are by their profession of the Rule
obliged not only to those three vows taken bare and
absolute, but are also bound to fulfil all those
things pertinent to those aforesaid three that the
Rule itself posits. For if they were bound only to
these three aforesaid, promising precisely and barely
that they will observe the Rule by living in
"obedience, chastity and without property", and were
not bound also to all the things contained in the Rule
that modify these three: they would for nothing and in
vain utter the words, "I promise always to observe
this Rule", since from these words no obligation would
arise. However it is not to be thought that blessed
Francis intended the professors of this rule to be
equally obliged in respect to all the things contained
in the Rule modifying the three vows, or to other
things expressed in it, but rather he decreed plainly
that, by the force of the words, in respect of certain
of them transgression is mortal, and in respect of
some others not, since to some of them he adds a word
of precept, or of something equivalent to it, and in
respect of others he is content with other words.
Again, because, besides the things
placed in the Rule expressly by word of precept and
exhortation or admonition, some are inserted with a
word added of imperative mode, affirmative or
negative: it has been until now doubted whether they
were bound to those things as to points having the
force of precept: and since (as we have understood)
this doubt is not diminished, but is increased, from
the fact that our predecessor of happy memory, Pope
Nicholas III, is known to have declared that those
Brothers are by their profession of their Rule
{astricti} obliged to those Gospel counsels that are
expressed in the Rule as precepts or inhibitions, or
under equivalent words, and nevertheless, to the
observance of all of those things that are brought
before them in the same Rule under obligatory words:
the aforesaid brothers have supplicated that we should
deign to explain, to save their consciences, which of
them should be counted as equivalent to precepts, and
obligatory. We, therefore, who delight in their pure
consciences, taking note that in matters relating to
the salvation of the soul, the safer part should be
held to avoid grave remorse of conscience, say that
although the brothers are not bound to the observance
of all that is put in the Rule under words of
imperative mode, as to the observance of precepts or
of their equivalent, it is nevertheless {expedit}
advantageous for the Brothers for observing the purity
and rigour of the Rule that they should know
themselves to be obliged, as to the equivalent of
precepts, to the things noted here below. In order
that these things that can seem equivalent to precepts
by the force of the words, or at least by reason of
the subject matter which they deal with, or for both
reasons, may be had in summary: we declare that what
is put in the Rule about not having more cloaks
{tunicas} than one with a hood and one without a hood;
also, about not wearing sandals, about not riding
except in a case of necessity; also, that the Brothers
should wear cheap clothes; also, that they are bound
to fast from the feast of All Saints to the Birthday
of the Lord, and on Fridays; also, that clerics should
say the divine office according to the {ordo} rite of
the holy Roman Church; also that ministers and
custodians should take particular care for the
necessities of the sick and for the clothing of the
Brothers; also, that if some Brother falls into
infirmity the other Brothers should serve him; also,
that the Brothers should not preach in the bishopric
of any bishop where that has been forbidden to them by
him; also, that no one should dare at all to preach to
the people unless he has been for this purpose
examined, approved and appointed by the General
Minister, or by others to whom that belongs according
to the aforesaid declaration; also, that the Brothers
who know that they cannot observe the foregoing Rule
specifically should and can have recourse to their
Ministers; also, everything put in the Rule relating
to the form of the habit both of novices and also of
the professed, and also everything relating to the
mode of reception and profession, unless, as the Rule
says, it seems, in relation to the habit of novices,
best otherwise according to God to those involved in
reception: these, I say, are all to be observed by the
Brothers as obligatory. Also, the Order has commonly
believed, holds, and has held from antiquity, that
wherever the words "are bound" are put in the Rule,
they have the force of precept, and should be observed
as such by the Brothers.
Moreover, because the aforesaid
confessor of Christ, presenting to the Ministers and
the brothers the manner of acting and of serving
concerning those to be received into the order, said
in the Rule that the Brothers and their Ministers
should take care not to be solicitous of their [those
to be received] temporal things, so that they [those
to be recieved?] should freely do with them whatever
has been inspired in them by the Lord, that
nevertheless, those Ministers should have permission
to send them [those newly received?] to some who fear
God, if advice is needed, by whose advice they should
distribute their goods to the poor: many brothers have
doubted, and do doubt, whether it is permitted to them
to accept anything of the goods of entrants, if it be
given, and whether they can without fault lead them to
give to persons and to convents, also whether the
Ministers themselves or the Brothers should give
advice for the management of the distribution of such
things, when it is possible to find others than from
among themselves suitable for giving advice to whom
those about to enter could be sent. We, however,
considering attentively that by those words saint
Francis intended that professors of his Rule, whom he
had established in the greatest poverty, be especially
and totally removed from the love of the temporal
things of those entrants, so that, so far as it
concerns the Brothers themselves, reception to the
order should be clearly holy and most pure, and so
that in no way should they seem to have in view their
temporal goods, but only their submission to divine
service: we say that for the future both Ministers and
the other Brothers should abstain from the said
inducements to giving to themselves, and from
persuasions, and also from the giving of advice
concerning distribution, since {per hoc} through this,
they should be sent to some of a different status who
fear God, not to Brothers, so that they should truly
appear to all to be devoted supporters, zealous and
perfect, of so wholesome a paternal regulation. Since,
however, the Rule itself wishes entrants to be free to
do with their things what the Lord will inspire, it
does not seem that it is not licit for them to accept,
their needs and the requirements of the declaration
just mentioned having been considered, if the entrant
wishes freely to give something from his goods, as to
the other poor, by way of alms. However it is fitting
for the Brothers to take care in accepting such
offerings lest by the noteworthy quantity of things
accepted an improper purpose {sinister oculus} can be
presumed against them
Furthermore, since it is said in the
Rule that those who have already promised obedience
should have one tunic with a hood, and another without
a hood, if they want to have them; also, that all the
brothers should wear cheap clothes,and we have
declared the above mentioned words to be equivalent to
precepts: wishing these things to be determined more
fully, we say, concerning the number of tunics, that
it is not licit to use more, except in necessity; this
can be inferred from the Rule, according to the way
our above mentioned predecessor explained this passage
{passum} more fully. We say that cheapness of clothes,
both of habits and of under garments, should be
understood to be that which should rightly be regarded
as cheap according to the custom or condition of the
country, in respect of colour of cloth and price. For
in such matters one determinate mode cannot be
assigned in respect of all regions. We have thought
that judgment of such cheapness should be entrusted to
Ministers and custodians or guardians, burdening their
consciences upon this -- provided, however, that they
preserve cheapnessin clothing. In the same way we
leave to the judgment of these ministers, custodians
and guardians, for what necessity these Brothers can
wear sandals.
Next, since with the two times in the
Rule in which they are bound to fast, namely from the
feast of All Saints to the Birthday of the Lord, noted
it is inserted in the same Rule: "But at other times
they are not bound, except to fast on the sixth day of
the week", and from this some have wanted to say that
the Brothers of the said Order are not bound, except
out of fittingness, to any other feasts but those: we
declare that it should be understood that they are not
bound to fast at other times, except in fasts
appointed by the Church. For it is not likely that
either the founder of the Rule, or even its confirmer,
intended to absolve them from keeping those other
fasts to which all other Christians are obliged by the
common law of the Church.
Besides, since the said saint, wishing
his Brothers above all to be totally strangers to
coins or money, firmly gave precept to all the
Brothers that they should in no way accept coins or
money, themselves or through an intermediary person,
and that same predecessor of ours, explaining that
article, laid down cases and modes so that, if they
are observed by the Brothers, they cannot or should
not be described as receivers of money themselves or
through others contrary to the Rule or to the purity
of their Order: we say that the Brothers are bound to
take care above all that they do not, for other
reasons and under other modes than the declaration of
our said predecessor posits, have recourse to givers
of money or deputed messengers, lest -- if it is
attempted by them otherwise -- they can deservedly be
called transgressors of the precept and of the Rule.
For where something is prohibited to someone in
general terms what is expressly not conceded is
understood to be denied. Wherefore all the management
{quaestus} of money and the reception of offerings of
money, in the church or elsewhere, pillars or posts
{cippi vel trunci} arranged for money of offerings or
donations to be placed in them, and also whatever
other recourse to money, or to those who have money,
not conceded by the declaration aforesaid: these all,
I say, are simply forbidden them. Since, also,
recourse to spiritual [speciales: substitute
spirituales; why not speciales: particular?] friends
is expressly granted in only two cases according to
the Rule, namely, for the needs of the sick and for
clothing the Brothers, and that piously and
reasonably, our oft-mentioned predecessor, having
reflected on the necessity of life, decided that it
should be extended to other needs of the Brothers that
occur at the time when alms cease, or also when
necessities attack {ingruentes} them: let the
aforesaid Brothers {attendant} take note that it is
not permitted to them for any other reasons besides
the aforesaid or the like, on the road or elsewhere,
to have recourse to such friends, whether they are the
givers of money or deputed by them, whether messengers
or depositaries, or whether they are called by any
other name whatever, even if the modes concerning
money conceded by the same declaration are observed
completely. Finally, since the same confessor most of
all desired the professors of his Rule to be totally
withdrawn from the affection for and desire of earthly
things, and especially to be totally unacquainted with
money and its use, as is proved by the prohibition
often repeated in the Rule against receiving money, it
is necessary for the Brothers to take watchful care
that, when they must have recourse for the above
reasons and the modes to those who have the money set
aside for their necessities, they should in all
respects conduct themselves toward those holding the
money whoever they are, principals or messengers, in
such a way that they show to everyone that they have
absolutely nothing to do with the said money (as they
do not have). Whereupon to command that money should
be spent and how, to demand an account of expenses, to
seek it back {repetere} in any way or to deposit it,
or cause it to be deposited, to carry a box of money,
or its key -- let the Brothers know that these acts,
and the like, are illicit to them. For to do the
aforesaid belongs only to the lords who gave, and to
those whom they deputed to do it.
{XR32.246-56, 123.461}Therefore, since
the holy man, expressing in the Rule the manner of the
poverty aforesaid said in the same: "Let the Brothers
appropriate nothing to themselves, neither house
{domum} nor place {locum} nor any thing, but like
pilgrims and strangers in this world serving the Lord
in poverty and humility, let them go confidently for
alms", and thus it was declared by some of our
predecessors as Roman pontiffs that this deprivation
of property {expropriationem} should be understood
both individually and also in common, for which reason
also they have accepted for themselves and the Roman
Church the property and lordship of all things
granted, offered and donated to the Brothers (which,
and the use of which -- namely, of fact -, it is licit
for the Order or the Brothers themselves to have),
only simple use of fact in those things being left to
the Brothers themselves: the things which were being
said to be done in the Order and seemed to conflict
with the aforesaid vow and with the purity of the
order were referred to our examination, namely, so
that we might follow up those among them that we
believe need a remedy: that they do not merely
tolerate, but seek, that they be made heirs; also,
that they sometimes receive annual revenues in such
notable quantity that the Convents having them live
wholly from them; also, that when their cases even
concerning temporal things are being pursued
{agitantur} in the courts, they are present with the
advocates and procurators and personally represent
themselves there to instigate the same; also, that
they accept and carry out the execution of last wills,
and sometimes intervene concerning arrangements or
restitutions to be made of usury or things wrongly
taken; also, that in some places they have not only
excessive gardens, but also great vineyards, from
which they gather for sale much of both olives and of
wine; also, that at times of harvest or vintage, so
copiously are grain and wine collected by the
Brothers, by begging or buying from elsewhere, and
stored in cellars and granaries, that they can spend
their lives for the rest of the year without begging
for them; also, that they make or take care to have
made churches or other buildings notably excessive in
quantity, curiosity of shape and form and in
sumptuousness, so that they seem to be the habitations
not of paupers but of magnates. Also in many places
they have so many and such remarkably precious church
furnishings {paramenta} that they exceed in these
respects the great cathedral churches. Moreover, they
accept indiscriminately horses and arms offered to
them at funerals. However, the community of the
Brothers, and especially the rulers of the same Order,
asserted that the aforesaid, or many of them, did not
happen in the Order, also that, if some are found
guilty in such matters they are strictly punished, and
that from antiquity very strict statutes have often
been made in the Order against such things, so that
they may not happen. Desiring, therefore, to provide
for the conscience of these Brothers, and to remove
from their hearts (as much as possible) all doubts, we
answer the aforesaid in the way that follows. For
since it pertains to the truth of life that what is
done outwardly represents the interior disposition and
habit of the mind: the Brothers, who by so great a
renunciation of property have withdrawn themselves
from temporal things, must necessarily abstain from
everything that would be or could seem contrary to the
said renunciation of property. Because, therefore, in
successions there passes in its time to the heirs not
only the use of the thing but also lordship - but the
aforementioned Brothers cannot acquire anything for
themselves individually, or for their Order even in
common - we say in explanation that considering the
purity of their vow, they are not at all capable of
such successions, which even of their nature extend
indifferently to money, and also to other things,
movable and immovable. And it is not licit to them to
cause the value of such inheritances, or of so great a
part of them that it could be presumed that this was
done in fraud, to be left to them under the mode or
form of a legacy, or to accept things thus left:
rather we simply forbid those things to be done thus
by them. And since annual revenues are by the law
counted as immovables, and to obtain such revenue is
inconsistent with poverty and mendicancy: there is no
doubt that it is not licit for the aforesaid Brothers,
considering their condition, to receive or have any
revenues whatever, just as [it is not licit for them
to have] possessions or even their use (since they are
not found to have been granted to them). Further,
since perfect men must particularly avoid not only
what is known to be evil, but also everything that has
the appearance of evil - from such presences in court,
however, and instigations when the action concerns
things to be converted to their advantage, the
Brothers present are believed with likelihood, from
what appears outwardly (from which men outside have to
judge) to seek something as their own in these things
- in no way should professors of such a vow and Rule
associate with such courts and litigious acts, so that
they both have testimony from those who are outside,
and satisfy the purity of their vow, and thereby
scandal of neighbours is avoided. Also, indeed, since
the Brothers of the said Order are {penitus alieni}
complete strangers not only to the reception,
ownership and lordship or use of money itself, but
also to any handling of it whatever, and to it, just
as our oft mentioned predecessor plainly said in
explanation of such a Rule; and since the professors
of the said order cannot contend in court for any
temporal thing: it is not licit or suitable for the
aforesaid Brothers - nay rather, considering the
purity of their status they should know that it is
forbidden to them - to expose themselves to such
executions and managements, since most often these
things cannot be expedited without litigation and
handling or administration of money. Nevertheless to
be given [dari: substitute dare; why not dari? Isn't
it the pope giving them advice?] advice in the
carrying out of these things does not conflict with
their status, since no jurisdiction, action in court,
or management concerning temporal goods is thereby
attributed to them.
But although it is not only licit, but
also very suitable to reason, that the brothers who
are sedulously occupied in spiritual labours of prayer
and study, have gardens and open spaces suitable for
their recollection or recreation, and for bodily
withdrawing themselves sometimes after such labours,
and also for having necessary garden produce for
themselves: yet, to have some gardens to cultivate and
sell vegetables or other garden produce for a price,
and also vineyards, conflicts with their Rule and with
the purity of the Order. According to what the said
predecessor declared and also ordained, that if such
things for the uses just stated were left as a legacy
to the Brothers, as for example a field or vineyard
for cultivating and the like, the Brothers should in
every way abstain from accepting such things, since
even to have the foregoing in order that the price of
their produce should be had in their seasons,
approaches the nature and form {proventuum} of income.
Again, since the aforesaid saint showed both in the
examples of his life and in the words of the Rule that
he wished his Brothers and sons, relying on divine
providence, to cast their thoughts upon God, who feeds
the birds of the air who neither gather into barns nor
sow nor reap, it is not likely that he wished them to
have granaries or cellars, when they should hope to be
able to pass their life in daily begging. And
therefore they should not from slight fear become
slack {relaxare} and make such gatherings and
preservings, but only at that time when it would be
very credible from what is already experienced that
they could not otherwise find the necessaries of life.
We have decided that this should be left to the
judgment of the ministers and custodians together and
separately in their administrations and custodies,
with the advice and assent of the guardian and two
discreet priests from the convent of the place who
have long been members in the order of Brothers,
burdening their consciences on this matter especially.
Hence it is also that, since the holy man wished to
found his Brothers in the highest poverty and
humility, in respect of the desire and equally of the
effect, as almost the whole Rule proclaims, it befits
them that from now on they should in no way cause to
be made, or permit to be made, churches or any other
buildings at all that should be regarded as excessive
in number and size, considering the number of Brothers
living in them. We wish, therefore, that from now on
every where in their order they should be content with
modest and humble buildings, lest what is open to the
eyes proclaim to outsiders the opposite of this great
poverty that was promised. Also, although church
{paramenta} furniture and vessels are dedicated to the
honour of the divine name, on account of which God
himself did all things, nevertheless, he who is the
knower of hidden things looks mainly to the mind of
those ministering to him, not to their hand,nor does
he wish himself to be served through those things
[illas: substitute illa] that are not in harmony with
the condition and state of those who serve him;
accordingly vessels and church furniture that are
fitting, and in number and size competently
sufficient, should suffice them. But superfluity, or
too much preciousness, or any anxiety whatever in
these things or in any others at all, cannot befit
their profession or state. For since these smack of
the amassing of treasure or of plenty, in respect of
human judgment they manifestly derogate from so great
a poverty. Therefore we will and command the foregoing
to be observed by the Brothers. Concerning offerings
of horses and arms we decree that that should be
observed in all respects and through all {in omnibus
et per omnia} that is known to have been defined by
the aforesaid declaring in respect of money offered as
alms.
From the foregoing there has grown
among the Brothers a question of no little
scrupulosity, namely, whether by the profession of
their Rule they are obliged to a restricted or thin or
poor use of things. Some among them believe and say
that, just as in respect of lordship of things they
have from their vow a most strict abdication, so in
respect of use the greatest restriction and poorness
is imposed upon them. Others on the contrary assert
that they are not obliged by their profession to any
poor use not expressed in the Rule, though they are
bound to a moderate use of temperance, just as, and
fittingly, more than, the rest of Christians. Wishing
therefore to provide for the quiet of the consciences
of the aforesaid Brothers, and to put an end to these
disagreements, we say, making a declaration, that by
the profession of their Rule the Brothers Minor are
particularly obliged to the restricted or poor uses
that are contained in their Rule, and to the mode of
obligation under which the Rule contains or posits the
said uses.
But to say, as some are said to
assert, that it is heretical to hold that poor use is
included or not included under the vow of evangelical
poverty, we judge presumptuous and rash.
Finally, because from the fact that,
when it determines by whom and where the elections of
a Minister General should be done, the said Rule makes
absolutely no mention of the election or appointment
of Provincial Ministers, a doubt could arise among the
Brothers upon this, we, wishing them to be able to to
proceed in all their {factis} acts clearly and
securely, declare, enact also and ordain in this
constitution, to be valid {in perpetuum valitura} in
perpetuity, that when provision concerning a Minister
is to be made for some province, the election of that
Minister remains with the provincial chapter; that the
chapter is bound to make this election on the day
after it meets; and that the confirmation of this
election pertains to the Minister General. And if
indeed they proceed to this election by way of
scrutiny [note], and, with the votes divided in
different directions, several elections happen to be
{celebrari} announced in discord, let that election
which has been announced by the numerically larger
part of the chapter (making no comparison or
consideration of zeal or merit), notwithstanding any
exception or contradiction whatever of the other part,
be confirmed, or even disallowed by the said General
Minister with the advice of discrete members of the
order (a diligent examination having first been
carried out officially, as pertains to him), as has
seemed to them advantageous according to God. And if
it is disallowed, let such election revert to the
provincial chapter.
Besides {ceterum}, if the chapter
mentioned omits to elect the Minister on the aforesaid
day, from that time provision of the provincial
minister freely devolves to the General Minister.
However, if it were to seem advantageous sometimes to
the aforesaid General Minister and General Chapter for
a certain, manifest and reasonable cause, in the
overseas provinces of Ireland, or Greece, or Rome, in
which hitherto another mode of providing is said to
have been preserved for a certain and reasonable
cause, for the provincial minister to be appointed
{praefici} by the General Minister, with the advice of
virtuous members of the Order, rather than by the
election of the aforesaid chapter in the provinces of
Ireland and in the overseas provinces inviolably, and
in Rome or Greece when the minister of the said
province dies or is discharged {absolveretur} on this
side of the sea, let that be observed instead, without
trickery, partiality or fraud (upon which we burden
their con sciences) which the said minister, with the
advice of the said virtuous members, shall have
decided should be ordained.
But in the deposition of the said
provincial ministers we wish to be observed what has
hitherto been observed by this order on the matter.
However, if it were to happen that
they lack a Minister General, let the vicar of the
Order do upon this what the same Minister would have
to have done, until provision has been made for a
General Minister. Moreover, if perchance anything
happens to be attempted otherwise concerning such
provincial minister, let that be ipso facto
invalid and empty. Let it therefore be licit to no man
at all to weaken this page of our declarations,
sayings, commission, response, prohibition, ordinance,
mandate, constitutions, judgments and wills, or by
rash deed of daring to go against it. If anyone
presumes to attempt this, however, let him know that
he will incur the indignation of almighty God and of
blessed Peter and Paul, his apostles.
|