Felice Accrocca concludes in his article Ordinem vestrum: un pronunciamento fragile e resistente in Frate Francescano November 2015 n. 2, 477-504 that the earthquake of 1254 would therefore have its roots not in the controversy surrounding Gerard of Borgo San Donnino and his nonchalant use of the authentic works of Abbot Joachim of Fiore, but in the papal pronouncement of 1245. In spite of this, Ordinem vestrum – which was immediately disliked by most of the friars – provided the Order with the theoretical foundation to justify its claim to spiritual superiority within the ecclesial structure, which none of the friars dared to doubt, at least for the next eighty years. It would be Angelo Clareno, in the midst of the discussion on poverty, who would question such a conviction, revealing that Minoritic poverty was now nothing more than a juridical fiction, a name without substance. [Here for detailed summary of the article]
[Latin Text in J. H. Sbaralea and C. Eubel, eds. (1983), Bullarium franciscanum 7 vols. Rome: Vatican, 1:400a-02b (no. 114) can be found here]
To the beloved sons, General, Provincials, and Custos, and to the other Brothers of the Order of Friars Minor, Greetings and Apostolic Blessing.
We have cherished your Order with affection, and in that spirit, we fervently desire that it continue to progress through commendable growth. Therefore, in our paternal concern, we are delighted to provide you with the means to receive the support of suitable foundations. However, there are certain ambiguous and obscure passages in your Rule that only confuse and perplex your minds, hindering your comprehension. Pope Gregory, our esteemed predecessor, partially elucidated the meaning of some of these, but we wish to eliminate all ambiguity from these passages by providing a comprehensive declaration of their meaning and dispelling any lingering anxieties by offering a clearer exposition. Therefore, we declare that when your Rule requires you to observe the holy Gospel, you are obligated only to those Gospel counsels explicitly contained within that Rule as precepts or prohibitions.
Furthermore, it is lawful for provincial ministers, with the guidance of some of the more discerning brothers, to entrust the reception of those entering the Order to their vicars and other prudent brothers for their respective provinces. However, they should not accept all who present themselves indiscriminately but only those candidates whose learning and other commendable qualities suggest their suitability. These candidates should be able to contribute to the Order and themselves through a virtuous life and serve as positive examples to others.
Thus, indeed, the Ministers [400b] may receive back those who have left the Order upon their return and expel brothers who have been admitted in certain cases, as determined by your general chapter. The aforementioned Rule also stipulates that “the clerical brothers are to recite the Divine Office according to the rite of the holy Roman Church, excluding the psalter, for which reason they may have breviaries. However, when they attend the Divine Office celebrated by other clergy, this suffices to fulfil their obligation, and they are not bound to say their own Office.
And although in the same Rule it states that the brothers are prohibited “from receiving coins or money in any way, either personally or through an intermediary. However, if the brothers wish to purchase something necessary or useful for themselves or make payment for something already purchased, they may present to those persons who wish to give them a monetary alms either an agent of the person from whom the purchase is being made or someone else, unless, perhaps, these donors prefer to make payment themselves or through agents of their own. The person presented by the brothers in this manner is not their agent, even though they may have been designated by them; rather, he is the agent of the person on whose authority he makes the payment or of the one receiving it. Once payment has been made for such specified goods, if this agent still has alms remaining in his possession, it is permissible for the brothers to seek his assistance for other necessary or beneficial items.
If, however, someone is named or presented by them for other necessary or useful items, this person may keep the alms committed to him as if they were his own, or with a spiritual friend or familiar acquaintance of the brothers, who may or may not be designated by them, and through such a one, dispense the alms as deemed expedient by the brothers based on the circumstances and time of their needs or benefit, and even transfer such alms to another person or place. The brothers may also, in good [401a] conscience, have recourse to such agents are appointed to provide for necessary and useful items, especially if they are negligent or simply unaware of their needs. The person designated by the brothers is not their agent or treasurer, but rather those who have entrusted their alms and donations to them. When the brothers seek assistance from these appointed or presented individuals, they are not receiving coins or money in any form, either personally or through intermediaries. This is because it is not their intention to have such coins or money held by these individuals on their own authority, nor are they drawing from what has been deposited with them in their own name: they are simply entrusting these agents or depositors with providing for their necessary or useful items.
And since in the said Rule it is added that “the ministers and custodians alone may take special care through their spiritual friends to provide for the needs of the sick and the clothing of the other brothers.” Therefore, other brothers may also diligently take up this responsibility, which falls upon the said ministers and custodians by precept of the Rule, whenever it has been entrusted to them by the latter.
Additionally, the Rule clearly states that “the brothers shall not appropriate anything as their own, neither a house nor a place nor anything at all.” Consequently, it is not lawful for them to possess property either individually or in common. However, the Order may have the use of places, houses, equipment, books, and other movable property as permitted. Individual brothers may use these items at the discretion of the general and provincial ministers.
Nor should places, houses, or movable goods of this kind be sold, or exchanged outside the Order, or alienated in any way, whether donated, sold, exchanged, or transferred in any just way by any persons for the use of the Brothers, unless the Apostolic See, or the Cardinal of the Roman Church, who is Governor of the Order for the time being, has granted authority over this to the General or Provincial Ministers [401b] or given his assent: since the right, property, and dominion of both immovable and movable goods of this kind belong immediately to the Roman Church itself (excepting only those in which it is established that the donors or transferors have expressly reserved the property and dominion for themselves; the houses and places of this Order, along with the churches and other related items, are received as the property and possession of blessed Peter, to whom these brothers are fully and immediately subject in both spiritual and temporal matters.
However, it is permissible for the Brothers to give away movable items of low cost and little value to people outside the Order for pious or devotional reasons or for any other proper or reasonable cause, provided that they have first obtained the permission of their superiors.
Another chapter of the aforementioned Rule states: “That if any of the brothers, at the instigation of the enemy of the human race, commit mortal sins concerning those sins that may have been decreed among the brothers to be addressed only to the provincial ministers, such brothers must immediately seek their assistance without delay.” We clarify that this chapter applies only to blatant public sins. Additionally, these same ministers, if it seems advisable to them, may entrust such cases to the custodians and other discreet brother priests in their respective places. Furthermore, we encourage these ministers to appoint, or have already appointed, from among the more mature and discreet priests, as many confessors as they deem suitable for their provinces. These priests should conduct the confessions for the private sins of the brothers, unless they choose instead to confess to their ministers or custodians who happen to be visiting their places.
In addition to what is said in the Rule: that upon the general minister’s death, the provincial ministers and custodians should elect a successor at the Pentecost chapter. We suggest that the custodians of each province designate one of their own to accompany [402a] their provincial minister to the general chapter. This designated representative should be empowered to vote in their place. And since according to the tenor of the aforementioned Rule, no brother is permitted to preach to the people unless they have undergone examination and approval by the general minister and received the authority to preach from them. The general minister can delegate these matters to the provincial ministers and their vicars. Consequently, in the general minister’s absence, these provincials or their vicars, along with the definitors at their provincial chapters, may examine and approve the brothers of their provinces, bestowing upon them the office of preaching as they deem fit in the eyes of God. If, however, these candidates do not require an examination because they have been instructed at a theological faculty and in the office of preaching; and if they are of mature age; and if they possess all those other qualities that are expected of such men, then they may receive the mandate from the general or their provincial ministers to preach to the people in the approved manner. But by that which is contained in the same Rule, that “the brothers should not enter the monasteries of nuns, except those to whom special permission has been granted by the Apostolic See.” We say that this prohibition particularly applies to the cloistered nuns of the Order of San Damiano, who are inaccessible to anyone without the explicit permission of the Apostolic See. When we refer to a monastery, we encompass the cloister, living quarters, and interior workshops. However, regarding other areas of the monastery, those brothers who have been granted permission by their superiors due to their maturity and suitability may enter there, just as other religious individuals, for preaching, [402b] or asking for alms, or for other honourable and reasonable purposes.
Therefore, let no man be permitted to violate this decree that we have confirmed, or rashly oppose it. But if anyone dares to attempt such an act, let them be warned that they will incur the wrath of Almighty God and his blessed apostles, Peter and Paul.
Given in Lyons, on the fourteenth day of November, in the third year of our pontificate.