FRANCIS
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FRANCIS
gave rise to many controversies, and, as a consequence,
to many declarations and expositions. The first ex-
position of the rule was given by St. Francis himself in
his Testament (12'26). He puts there his own and his
first disciples' life as an example to the brothers.
Moreover he forbids them " to ask for any letter from
the Roman Curia, either for a church or for any other
place, whether under pretext of preaching, or on ac-
count of their bodily persecution". He enjoins also
on all brothers "not to put glosses on the Rule", but
as he had written it purely and simply, so ought they
" understand it simply and purely and with holy
operation observe it until the end." Nevertheless we
have a great number of expositions of the rule, and it
cannot be saiil that they are, in their greatest part,
against the will of St. Francis. He himself had in his
lifetime been humble enough to submit in everything
to the decisions of the Church, and so he desired his
sons to do. Even the Spirituals, who cleaved to the letter
of the rule, as Olivi and Clareno, were not against
reasonable expounding of the rule, and have WTitten
expositions thereof themselves. Besides, the decisions
of the popes are not dispensations, but authentic inter-
pretations of a rule, that bintls only inasmuch as it is
approved by the Church. To proceed with order, we
shall firstly speak of the authentic interpretations,
secondly of the private expositions.
(1) Authentic Interpretations. — These are the papal Constitutions on the rule. Doubts about the meaning and the observance of the rule having risen at the general chapter of Assisi (1230), a deputation of prominent men was sent to Gregory IX, to obtain a papal decision. On 28 September, 1230, the pope edited the Bull " Quo elongati " (Bull. Franc, I, 6S) , a document of capital importance for the future of the order. In this Bull the pope, claiming to know the in- tentions of the holy founder, since he had assisted him in the composition and approval of the rule, declares that for the tranquillity of conscience of the friars, the Testament of St. Francis has no binding power over them, as Francis, when making it, had no legislative power. Nor are the brothers bound to all the counsels of the Gospel, but only to those that are expressly mentioned in the rule, by way of precept or of prohibi- tion. Dispositions are made with regard to money and property. The brothers may appoint a messen- ger (nuntius), who may receive money from bene- factors and in the latter's name either spend it for the present needs of the friars, or confide it to a spiritual friend for imminent wants. The principle of absolute poverty is maintained for the individual friar and for the whole community; still the use of the necessary movable objects is granted them. These are some of the most striking dispositions of Gregory IX, whose principles of wise interpretation have remained funda- mental for the order. Innocent IV, in the Bull " Or- dinem vestrum", 14 Nov., 124.5 (Bull. Franc, I, 400), confirmed the dispositions of his predecessor, but at the same time made more ample concessions, since he allowed the brothers to recur to the messenger or spiritual friend not only for things necessary, but also for things useful and convenient (commoda). The order, however, in two general chapters, at Metz, 1249, and at Narbonne, 1260, declined to receive this privi- lege, inasmuch as it goes farther than the concession of Gregory IX. In the same Bull Innocent IV de- clares that all things in the use of the friars belong to the Apostolic See, unless the donor has reserved the ownership to himself. A necessary consequence of this disposition was the institution of a procurator by the same pope through the Bull " Quanto studiosius ", li) Aug., 1247 (Bvill. 'Franc, I, 487). This procurator was to act in the name of the Apostolic See as a civil party in the administration of the goods in use of the friars. The faculties of this procurator, or Apostolic syndic, were nmch enlarged by Martin IV through the Bull " Exultantes in Domino"", 18 January, 1283 (Bull.
Franc, III, 501), especially in regard to lawsuits. The
order received the disposition of Martin IV at the
chapter of Milan, 1285, but warned at the same time
against the multiplication of legal actions (see Ehrle,
Archiv fiir Litteratur- und Kirchengeschichte, VI, 55).
The two most famous Constitutions on the Francis- can rule, which have been inserted in the text of canon law, and which are still in uncontested authority with the Friars Minor, are the Bulls " Exiit qui semi- nat" of Nicholas III, and " Exivi de Paradiso" of Clement V. The Constitution " Exiit " (c. iii, in VI, lilj. V, tit. xii), prepared with the advice of eminent men in and outside the order, given at Soriano near Viterbo, 14 Aug., 1279, treats the whole rule both theoretically and practically. Nicholas III, against the enemies of the order, states that complete expro- priation , in common as well as in particular, is licit, holy, and meritorious, it being taught by Christ Himself, although He, for the sake of the weak, sometimes took money. The brothers have the moderate use of things according to their rule. The proprietorship goes to the Holy See, unless the donor retains it. The ques- tion of the money is treated with special care. The employment of the messenger and spiritual friend is confirmed and explained. The friars have no right over the money, nor can they call to account an un- faithful messenger. Lest the great number of papal decisions should produce confusion, the pope declares that all former Bulls on the suliject are abolished, if they are against the present one. However, this Con- stitution did not put an end to the questions moved by the more zealous brothers, called Spirituals. It was through their agitation at the papal court at Avignon (1309-1312) that Clement V gave the Constitution "Exivi", 6 May, 1312 (c. i, Clem., lib. V, tit. xi). Whilst Angelo Clareno, the head of the Spirituals, rejects all papal declarations on the rule, he speaks well of the Bull " Exivi", " which is among the others like a flying eagle, approaching nearest to the inten- tion of the Founder" (Archiv ftir Litteratur- und Kirchengeschichte, II, 139). Clement V declares that the Friars Minor are bound to poverty {usus pauper) in those points on which the rule insists. Character- istic of this Bull is the casuistic manner in which the prescriptions of the rule are treated. It declares that St. Francis wished to oblige his brothers under mortal sin in all those cases in which he uses commanding words or equivalent expressions, some of which cases are specified. The Constitutions " Exiit " and " Exivi " have remained fundamental laws for the Franciscans, although they were in the most important point prac- tically suppressed by John XXII, who m his Bull "Ad conditoremcanonum", 8 Dec, 1322 (Bull. Franc, V, 233), renounced on behalf of the Apostolic See the proprietorship of the goods of which the order had the use, declaring (according to the Roman law) that in many things the use could not be distinguished from the property. Consequently he forbade the appoint- ment of an .\postolic syndic. Martin V in " Amabiles fructus", 1 Nov., 1428 (Bull. Franc, VII, 712), restored the former state of things for the Observants.
(2) Private Expositions. — Only the earliest ones, which had influence on the development of the order, can be mentioned here. The most important is that of the Four Masters, edited at least six times in old col- lections of Franciscan texts, under the names of Monu- menta. Speculum, Firmamentum (Brescia, 1502; Sala- manca, 1506, 1511; Rouen, 1509; Paris, 1512; Venice, 1513). The chapter of the custodes at Montpellier, 1541, had ordered that the solution of some doubts about the rule should be asked for from each province. We know of two expositions of the rule drawn up on this occasion. Eccleston (c xii, alias xiii, Analecta Francisc, I, 244) speaks of the short but severe exposi- tion which the friars in England sent to the general, beseeching him by the blood of Jesus Christ to let the rule stand as it was given by St. Francis. Unfor-
