Part 4 Council of Vienne 1311-1312 A.D.

Council of Vienne 1311-1312 A.D.

[38]. I came out of paradise, I said: I will water my garden of plants. Thus speaks the heavenly cultivator, who is truly the source of wisdom, God’s Word, begotten by the Father from eternity, yet remaining in the Father. In these last days, made flesh in the womb of a virgin by the operation of the holy Spirit, he went forth to the arduous work of redeeming the human race, giving himself to humanity as the model of a heavenly life. But because so often people, overcome by the anxieties of this mortal life, turned their mental gaze away from such a model, our true Solomon has made in the realm of the church militant, among other gardens, a garden of delight, far from the stormy waves of the world, in which people might devote themselves with greater peace and security to contemplating and imitating the works of the exemplar, and he himself entered this world that he might refresh it with the fertile waters of his spiritual grace and teaching. This garden is the holy religion of the friars Minor which, enclosed within the firm walls of regular observance, is content with God alone and is constantly enriched with fresh shoots, her sons. Entering this garden, the beloved Son of God gathers the myrrh and spices of mortification and penance which by their marvellous fragrance diffuse to everyone the perfume of an attractive sanctity. This is that form and rule of the heavenly life sketched by that eminent confessor of Christ, saint Francis, who taught his sons its observance by both word and example. The observers of that holy rule, men of zeal and devotion, as both pupils and true sons of so great a father, aspired and still ardently aspire to observe that rule faithfully in all its purity and fullness. They perceived certain particulars of which the interpretation was doubtful, and they prudently had recourse to the apostolic see for clarification. Receiving assurance from that see, to which their very rule proclaims allegiance, they were able to serve the Lord, free from all doubt, in the fullness of charity. Several Roman pontiffs, our predecessors, rightfully heeded their pious and just requests; they defined doubtful points, promulgating certain interpretations and making some concessions, as they thought good for the consciences of the friars and the purity of religious observance. But because there are devout consciences which very often fear sin where it does not exist, and dread any turning in the way of God, the previous clarifications have not fully quietened the consciences of all the friars. There are still some points belonging to their rule and state of life where doubts arise, as many have often told us in public and private consistories. For this reason the friars themselves have humbly entreated us to clarify opportunely the doubts which have arisen and those which may arise in the future, thus applying a remedy by the kindness of the apostolic see.

We have from a tender age had a warm devotion to those who profess this rule and to the whole order. Now that, though unworthy, we bear the office of universal pastor, we are the more roused to cherish them and to honour them more kindly and attentively, the more often we consider and reflect on the plentiful harvest reaped continually from their exemplary lives and wholesome teaching for the good of the universal church. Moved by the pious intentions of the petitioners, we have directed our efforts to carry out diligently what they ask. We have had a careful examination made of these doubts by several archbishops, bishops, masters in theology and other learned, prudent and discreet men. At the beginning of the rule it is said: "The rule and life of the friars Minor is this, to observe the gospel of our lord Jesus Christ, by living in obedience without property and in chastity"2. Also, further down: "Having completed a year of probation, let them be received to obedience, promising always to observe this life and rule"3. Also, towards the end of the rule: "Let us observe poverty, humility and the gospel of our lord Jesus Christ, which we have firmly promised"4. There was uncertainty whether the friars of the order were obliged to all the precepts and counsels of the gospel by profession of their rule. Some said they were obliged to all. Others, however, asserted that they were obliged to three only, namely "to live in obedience, in chastity and without property", and to what was stated as obligatory in the rule. With regard to this article we follow in the footsteps of our predecessors and, giving this article further clarification, we answer the doubt as follows. Since every determinate vow must have a defined object, he who vows to follow the rule cannot be considered obliged by his vow to those evangelical counsels which are not mentioned in the rule. And indeed this is shown to have been the intention of blessed Francis the founder, from the fact that he laid down certain counsels in the rule but omitted others. For if by those words, "The rule and life of the friars Minor is this" etc. he had intended to oblige them to all the evangelical counsels, it would have been superfluous and futile to include some of them and not others.

However, since the nature of a restrictive term demands the exclusion of everything foreign to it but includes everything belonging to it, we declare that the friars are bound by the profession of their rule not only to those three vows simply and solely, but also to everything related to them expressed in the rule itself. For if the friars were obliged to observe the three vows precisely and no more, in their promise to observe the rule by living in "obedience, chastity and without property", and not also to observe everything contained in the rule that is relevant to those vows, then the words "I promise to observe always this rule" would be useless, as implying no obligation. We must not think, however, that blessed Francis intended to impose on those who profess this rule the same obligation regarding everything in the rule relating to the three vows, or anything else contained in the rule. Rather, he made a clear distinction: in some matters his words imply that transgression is a mortal sin, in others not, since he applies to some the word "precept" or its equivalent, while elsewhere he is content to use other expressions.

Besides those things laid down in the rule expressly in words of precept or exhortation or admonition, there are some things in the imperative mood in either a negative or an affirmative form. Concerning these, there has been up to now some doubt as to whether they are of precept. This doubt is not made less but rather increased by the declaration of our predecessor pope Nicholas III’ of happy memory, that the friars are obliged by rule to those evangelical counsels which the rule expresses in form of precept or prohibition or equivalent words and, in addition, to the observance of everything that the rule imposes in words of obligation. The friars therefore begged that we would, for their peace of conscience, graciously define which of these matters should be considered equivalent to precepts and obligatory. We therefore, delighted by their sincerity of conscience, observing that in matters affecting salvation the safer path is to be taken in order to avoid grave remorse of conscience, say that, although the friars are not obliged to observe everything expressed by the rule in the imperative mood in the way that they are obliged to observe matters which are explicitly or equivalently of precept, it is right for them, if they are to observe the rule strictly in its purity, to acknowledge that they are bound to observe in this way the injunctions noted below. In order to summarise these things which appear equivalent to precepts, in virtue of the words or at least of the subject-matter, or of both, we declare the following to be of obligation for the friars, as expressed in the rule: not having more tunics than one "with a hood, and one without a hood"2, not wearing shoes, and not riding a horse except in case of necessity; that the friars "wear cheap clothes"5; that they fast "from the feast of all saints to Christmas"6 and on Fridays; that "clerics recite the divine office according to the rite of the holy Roman church"7; that ministers and guardians take great care "of the needs of the sick and of the friars’ clothing"8, that, "if a friar falls ill, the other friars are to wait on him"9; that "the friars are not to preach in the diocese of a bishop when he has forbidden them this"; that "nobody ventures at all to preach to the people unless he has been examined, approved and appointed for this by the minister general" or by others having authority according to the aforesaid declaration; that "friars who know that they cannot observe the rule in detail, may and should have recourse to their ministers"3; and everything laid down in the rule regarding the form of the habit of both novices and professed friars, the manner of reception, and profession, except for the habit of novices with regard to those admitting them (here the rule which says "according to God it may seem otherwise"4 may be followed). The order generally has judged, holds and has held from of old that wherever in the rule there occurs the words "they shall be bound", there is a precept and the friars ought to act as bound by precept. The confessor of Christ, when prescribing the practice of the friars and their ministers in relation to the reception of those entering the order, said in the rule: "The friars and their ministers shall take care not to be solicitous about their temporal goods, but leave them free to do with them whatever the Lord inspires them to do; the ministers may have leave, however, to send them to some God-fearing men, if counsel be needed, who may advise them how to give their goods to the poor"5. Many of the friars were uncertain, and still are, whether they may receive anything from those who enter, if it is given; whether they may without fault persuade them to give to individuals and friaries; and whether the ministers themselves or the friars ought to give advice concerning the disposal of property, when there are other suitable advisers to whom the entrants can be sent. We observe attentively that saint Francis intended to banish from his disciples, whose rule he had based on a very strict poverty, all affection for the temporal goods of those entering the order, especially in using the above words in order that, on the part of the friars, reception into the order might appear holy and pure. They should be seen to have no eye to their temporal goods, but only to deliver the novices up to the divine service. We say that both ministers and friars ought to abstain from persuasion to give them the property, and also from advice as to its distribution. They should send those who seek counsel to God-fearing men of another state, not to friars. In this way all will see them truly as zealous and perfect observers of their father’s sound tradition. Since however the rule itself wishes those entering to be free to do as the Lord inspires concerning their property, it does not seem unlawful for the friars to receive something, in view of their needs and in accordance with the aforesaid declaration, if the entrant freely wishes to give it, as he would to other poor people by way of alms. The friars however do well to take care, in accepting such offerings, that they do not create an unfavourable impression by the amount they receive. The rule says that "those who have promised obedience should have one tunic with a hood, and another without a hood, those who wish to have it"; also, that "all the friars should wear cheap clothes"’ . We have declared that the said words are equivalent to precepts. In order to express this more clearly, however, we say that it is not lawful to have more tunics, except when this is necessary in accordance with the rule, as our said predecessor has more fully explained. As for the poverty of the clothes, both of the habit and of the inner clothing, it is to be judged in relation to the customs and observances of the country, as to the colour of the cloth and the price. There cannot be one standard for every region. We think that this poverty in dress should be entrusted to the judgment of the ministers and guardians; they must form their own consciences, but see to it that poverty in dress is maintained. In the same way we leave it to the judgment of the ministers and guardians as to when the friars have need to wear shoes. The rule refers to two periods: "from the feast of all saints until Christmas", and especially in Lent, when the friars are obliged to fast. We find inserted in the rule: "at other times they are not obliged to fast, with the exception of Fridays"3. From these statements some have concluded that the friars are not obliged to observe any other fasts except from propriety. We declare that they are not obliged to fast at other times except at the times established by the church. For it is not probable that either he who instituted the rule or he who confirmed it intended to dispense the friars from observing the fasting days to which the general law of the church obliges other Christians. When St Francis, wishing his friars to be completely detached from money, commanded "firmly all the friars not to accept money in any manner, either directly or through some other person"4, this same predecessor of ours, in his interpretation, defined the cases and the ways in which the friars cannot and ought not to be called receivers of money against the rule and sincerity of their order. We declare that the friars must take the greatest care that they have no recourse to those who give money or their agents in ways other than those defined by our said predecessor, lest they deservedly be called transgressors of the precept and rule. For when there is a general prohibition, anything not expressly granted is understood to be refused. For this reason, all collection of money and acceptance of offerings in church or elsewhere, boxes for storing offerings or gifts of money, and any other recourse to money or those who have it which is not allowed by the said declaration, is, we say, completely and absolutely forbidden. Recourse to special friends is expressly allowed in only two cases, according to the rule. These are "the needs of the sick and the clothing of the friars"’. Our said predecessor kindly and wisely extended this permission, in view of their needy life, to other wants of the friars which can occur or even be pressing when there are no alms. The friars however are to observe that for no other reasons except the above or those of a similar kind, may they have recourse to such friends, either on the road or elsewhere, whether their friends themselves give the money or their representatives, messengers or trustees, whatever name they are given, even if the ways granted by the above declaration are entirely observed. The confessor of Christ wished above all that those who professed his rule should be completely detached from love and desire of earthly things, and in particular from money and its use, as is proved by his constantly repeating in the rule the prohibition of accepting money. When, therefore, the friars need, for the reasons mentioned above, to have recourse to those who have money, destined for their needs, whether they are their principal benefactors or their envoys, these friars should so behave in the eyes of all as to show that they are completely unconcerned as regards money, as indeed it does not belong to them. Therefore such actions as to order that the money be spent and in what way, to exact an account, to ask for the return of the money in any way, to put it away or have it put away, and to carry a money-box or its key, are unlawful for the friars. These actions belong properly to the owners who gave the money and to their agents. When the saint expressed the manner of the friars’ poverty in the rule, he said: "The friars should make nothing their own, neither house nor land nor anything, but go confidently to seek alms as pilgrims and strangers serving the Lord in poverty and humility"2. This is also the renunciation defined by certain of our predecessors as Roman pontiffs, to be understood both specifically and in general. These pontiffs have therefore accepted for themselves and for the Roman church the absolute ownership of everything granted, offered or given to the friars, leaving them simply the right of use. Yet we have been asked to examine certain practices that are said to go on in the order and seem repugnant to the vow of poverty and the sincerity of the order. The following are the practices which we believe are in need of remedy. The friars not only allow themselves to inherit, but even bring this about. They sometimes accept annual revenues so high that the friaries concerned can live completely on them. When their affairs, even of a temporal kind, are debated in the courts, they assist the advocates and procurators; in order to encourage them, they present themselves in person. They accept the office of executor of wills and carry it out. They sometimes meddle with settlements involving usury or unjust acquisition and the restitution to be made. Sometimes they have not only extensive gardens but also large vineyards, from which they collect great quantities of vegetables and wine to sell. At the time of harvest they collect so much corn and wine by begging or buying, storing them in their cellars and granaries, that they can live off them without begging for the rest of the year. They build churches or other edifices, or have them built, of such size, style and costliness that they seem to be the abodes of the wealthy not of the poor. The friars in very many places have so many church ornaments and so obviously precious ones as to surpass in this the great cathedrals. They also accept indiscriminately horses and arms offered to them at funerals.

Yet the community of friars, and in particular the rulers of the order, asserted that the above abuses, or most of them, did not exist in the order and any friars found guilty in such matters are punished rigorously. Moreover, very strict laws were passed long ago in the order to prevent such abuses. Wishing, therefore, to provide for the consciences of the friars and to remove, as far as we can, all doubt from their hearts, we give the following replies. For a way of life to be authentic, outward actions must correspond to the interior attitude of mind. The friars, therefore, who have torn themselves away from temporal possessions by so great a renunciation, must abstain from all that is or may seem to be contrary to that renunciation. Now, heirs acquire not only use of their inheritance but, in time, ownership also, and the friars cannot acquire anything for themselves in particular or for their order in general. We therefore declare that the absoluteness of their vow renders the friars altogether incapable of such inheritance, which of its nature extends both to money and to other movable and immovable goods. Nor may they allow themselves to be left or accept as a legacy the value of such inheritance, or a great part of it, so that it could be presumed that this was done by deceit; indeed, we absolutely forbid this.

Since annual revenues are considered by law as immovable goods, and are contrary to poverty and mendicancy, there is no doubt that the friars may not accept or have revenues of any kind, given their state of life, just as they may not have possessions or even their use, since this use is not granted to them.

Further, not only what is known to be evil, but also everything which has the appearance of evil, should be specially avoided by perfect men. Now, to be present in court and urge their case, when the law is concerned with matters of advantage to them, leads people to believe from external appearances that the friars present are seeking something as their own. In no way, therefore, ought the friars who profess this rule and vow, to meddle in legal processes in such courts. By abstention they will be thought well of by outsiders, and they will live up to the purity of their vow and avoid scandal to their neighbour. Indeed, the friars are to be complete strangers not only to the acceptance, possession, ownership or use of money, but even to any handling of it, as our said predecessor has repeatedly and clearly said in his interpretation of the rule. Also, the members of this order cannot go to law for any temporal thing. The friars may therefore not lend themselves to such legal processes, but rather consider them forbidden by the purity of their state, because these activities cannot be concluded without litigation and the management or administration of money. Nevertheless they do not act in a manner contrary to their state if they give advice for the execution of these affairs, since this advice does not confer upon them any jurisdiction or legal authority or administration with regard to temporal goods.

Certainly it is not only lawful but very reasonable that the friars who devote themselves to the spiritual works of prayer and study should have gardens and open spaces for recollection and recreation, and sometimes in order to provide a bodily distraction after their spiritual labours, as also to cultivate vegetables for their needs. To keep gardens, however, in order to cultivate vegetables and other garden produce for sale, and vines likewise, is inconsistent with the rule and purity of their order. Our said predecessor has declared and also ordained that if, for this kind of use, someone were to leave a field or a vineyard or something of this nature to the friars, they should refrain absolutely from accepting it, since to have such things in order to receive the price of the produce in season is similar to having an income.

Again, saint Francis has shown, both by the example of his life and by the words of his rule, that he wishes his brothers and sons, relying on divine providence, to cast their burden on the Lord, who feeds the birds of the air, which neither sow nor reap nor gather into barns. It is not likely, then, that he would have wished them to have granaries or wine-cellars, when they hope to live by daily begging. And for that reason they should not lay by provisions from some slight fear, but only when it is very probable from experience that they will not otherwise find the necessities of life. We therefore consider that the decision should be left to the consciences of the ministers and guardians, both as a body and separately in their offices and guardianships, acting with the advice and consent of the guardian and two discreet older priests from a house of the order in the area. The saint wished to establish his friars in the greatest poverty and humility, both in inclination and in fact, as practically the whole rule proclaims. It is only right, then, that they should in no way build, or allow to be built, churches or edifices of any kind which, in relation to the numbers of friars living there, might be considered excessive in number or in size. We therefore wish that, everywhere in the order, the friars should be satisfied with buildings which are modest and humble, lest outward appearances, which strike the eye, should contradict the great poverty promised by the heart.

Although church ornaments and vessels are ordained to the honour of God’s name, for which purpose God created everything, yet he who discerns what is secret looks chiefly at the heart of those who serve him, not at their hands. He does not wish to be served through things which jar with the professed life-style of his servants. The friars should therefore be content with vessels and church ornaments which are seemly in appearance and sufficient in size and number. Excess, costliness or over-elaboration in these or in anything else does not become the friars’ profession or state of life. Everything which smacks of treasure and abundance detracts, in the eyes of people, from the profession of such great poverty. We therefore wish and command the friars to observe what we have said. As for the presents of horses and arms, we decree that everywhere and in everything the aforesaid declaration concerning alms of money be observed. From the above matters, however, there has arisen among the friars an uneasy question, namely, whether their rule obliges them to a strict and meagre use of things. Some of the friars believe and say that, just as they are vowed to a very strict renunciation of ownership, they are also enjoined the greatest restraint in the use of things. Other friars on the contrary assert that by their profession they are not obliged to any restrained use that is not expressed in the rule; they are however obliged to a temperate use, in the same way as other Christians and even more fittingly. Wishing, then, to give peace to the friars’ consciences and to put an end to these disputes, we declare that the friars Minor in professing their rule are obliged specially to the strict and restrained use expressed in the rule. To say, however, as some are said to assert, that it is heretical to hold that a restricted use of things is or is not included in the vow of evangelical poverty, this we judge to be presumptuous and rash.

Finally, when the rule states by whom and where the minister general should be elected, it makes no mention at all of the election or appointment of provincial ministers. There can arise some uncertainty among the friars on this point. We wish them to be able to go forward with clarity and security in all they do. We therefore declare, decree and ordain in this constitution of perpetual validity, that when a province is to be provided with a minister, his election belongs to the provincial chapter. It shall hold the election the day after assembling. The confirmation of the election belongs to the minister general. If this election is made by ballot, and the votes are divided in such a way that several ballots are made without agreement, then the choice made by the numerical majority of the chapter (leaving aside considerations of zeal or merit), notwithstanding objections of any kind from the other side, is to be confirmed or invalidated by the minister general. Having first given careful consideration to the matter, in accordance with his office, he shall take counsel with discreet members of the order, so that a decision is made which is pleasing to God. If the minister general invalidates the election, the provincial chapter shall vote again. If the chapter does not elect its minister on the day mentioned, the minister general shall freely provide a provincial minister. There are, however, certain provinces -- Ireland, Greece and Rome -- which are said to have had until now, for just reasons, another way of providing the provincial minister. In these cases, if the minister general and the general chapter judge, with good reason, that the provincial minister should be appointed by the minister general, with the advice of good religious of the order, rather than by the election of the provincial chapter, this shall be done without dispute for the provinces of Ireland, Rome and Greece when the previous provincial minister dies or is relieved of office on this side of the sea; there shall be no deceit, partiality or fraud, the burden resting on the consciences of those who decide the appointment. As for the dismissal of provincial ministers, we wish the order to retain the procedure which has been customary up to now. For the rest, if the friars are without a minister general, his duties shall be carried out by the vicar of the order until there is a new minister general. Further, if there be any attempted violation of this decree concerning the provincial minister, such action shall be automatically null and void.

Let nobody therefore ... If anyone however ...’

NOTES 16 May 1312, from Regestum 7952 The introductory address given in Regestum 9983 is omitted here because many other introductory addresses are known of (see Regestum VIII, pp. 416-420). Regestum gives two versions of the letter. The one used here as the base text (Regestum 9983) is addressed to each and all of the bishops. The other is addressed to king Philip of France (= P), see Regestum 8986 (19 Dec. 1312).

P adds: Indeed our beloved son in Christ, Philip the illustrious king of the Franks, who together with our beloved son in Christ, Louis the illustrious king of Navarre, was present at the council, showed himself to be the most christian of princes. He had the cause of the holy Land very much at heart. He burned with zeal of faith and devotion to rescue the holy Land from the hands of the impious and to right the wrongs there of him who underwent disgrace and shame for the sake of our redemption. He so directed and still directs the desires of his heart, that he undertook in the council the business of the general crusade ordained by us intending therefore to take for a certain time the sign of the life-giving cross, with the deliberate purpose of sailing personally with his forces to the aid of the holy Land. But actually we . . . holy gospels of God"] And at last, commending in the Lord this purpose of the king, so acceptable to God, we thought it fitting and most proper that we and the church ought to assist such a glorious prince in proceeding with this great enterprise. We observed especially that because the cities and other places once held by the faithful had been laid waste by the wild rage of the enemy, there was no place left to admit the champions of the faith. The enterprise would be more costly than formerly when some of the king’s ancestors and other christian princes had sailed to the aid of the holy Land; then the cities and places were prosperous and could produce and admit catholic warriors. We therefore judged that the tithe for six years, namely that on the ecclesiastical revenues and incomes of France, which used to be paid in times past in that kingdom, should be granted to the king to help him in his enterprise, so that he might use it for the aid of the holy Land.
We therefore ask, admonish and exhort earnestly all our venerable brothers, the archbishops and bishops, our beloved chosen sons, the abbots, priors, deans, provosts, archdeacons, archpriests and other prelates of churches, the chapters, colleges and convents of the Cistercians, Cluniacs, Premonstratensians, of saints Benedict and Augustine, of the Carthusians, Grandmontines and other orders, and other secular and regular ecclesiastical persons, exempt and non-exempt, in the kingdom of France, with the exception only of the persons and places belonging to the Hospital of saint John of Jerusalem and of the other military orders, by our other letters, and also enjoining on them strictly by apostolic ordinance and in virtue of obedience, to pay the tithe, each and all of them, out of reverence for God, the apostolic see and us, for six years, which we wish to be reckoned from the next feast of blessed Mary Magdalen. We enjoin further on each archbishop and bishop to claim and collect from each and all of the abbots, priors, deans, provosts, archdeacons, archpriests and other prelates of churches, the chapters, colleges and convents, and other non-exempt secular and regular ecclesiastical persons, in their cities and dioceses, except for the persons and places of the Hospital of saint John of Jerusalem and of the other military orders. The collection is to be made directly or through other persons appointed by them in each city and diocese, from the ecclesiastical revenues and incomes, in the usual manner for the periods stated below, namely for half of the first year on the next feast of blessed Mary Magdalen and for the remaining half on the coming feast of the purification of the blessed virgin Mary, and so on for the remaining five years. The tithe should be collected without difficulties being made and by our authority. We empower and command, by our aforesaid letters, the persons delegated by the archbishops and bishops to make this collection, to claim and collect this tithe by our authority from the abbots, priors, deans, provosts, archdeacons, archpriests and other prelates of churches, the chapters, colleges and convents, and other exempt secular and regular ecclesiastical persons, with the exception of the persons and places of the Hospital of saint John of Jerusalem and the other military orders. The tithe is to be collected for the years and periods mentioned above. The archbishops and bishops, as also their delegates, are to take care to transfer to you, our deputies, their own tithe and that of others as collected by themselves or their delegates for each of the six years. You are to assign the collection to the king of France or his delegate or delegates for the purpose of the crusade. In order that you may more easily and effectively collect and assign this tithe, we grant you by the present document free and unrestricted power, in virtue of our authority, to compel the archbishops and bishops and their delegates, disregarding any appeal, to the fulfilment and collection of this tithe and its assignation, as prescribed. We also grant you the same full power in imparting absolution to those archbishops and bishops bound by sentences of excommunication, suspension or interdict for not paying the tithe in due time, after they have made satisfaction, and of dispensing with those bound by such sentences who have contracted irregularity by celebrating or taking part in divine worship. P 31 December; from Regestum 9984 13 January 1313; from Regestum 8973