Felice Accrocca concludes in his article Quo elongati: tentativo di una doppia fedelità (in Frate Francesco vol. 81 (2015) 133-166) that the letter Quo elongati constituted a point of no return: unlike Elias, Gregory IX took note of the direction of the march of history imprinted by events, a direction that he himself contributed to determining in a relevant way; while he acknowledged the need to adapt to change, invoked by a good part of the friars, he laid the foundations for a new development, which would soon lead the Order of Friars Minor to play a leading role in the life of the Church and of medieval society.
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Gregory, Bishop and Servant of the servants of God, to our esteemed sons, the general and provincial ministers, custodians, and other brothers of the Order of Minors,
We extend our greetings and apostolic blessings.
1. As you embark on your spiritual journey, transcending the worldly realm and soaring to contemplative retreat, you gain a profound understanding of the subtle darts of sin and the obstacles that hinder your path to salvation. At times, the Holy Spirit unveils hidden truths to your consciences, concealed from others, yet the darkness of human weakness obscures the splendour of spiritual comprehension. Consequently, doubts arise, and seemingly insurmountable difficulties beset your path.
2. Recently, a delegation arrived at our court, dispatched by you, the provincial ministers, during your general chapter, and personally accompanied by our beloved son, the General Minister. It has come to our attention that certain passages in your Rule contain ambiguities and phrases that are challenging to interpret.
In his Testament, the venerable Saint Francis of Assisi, whose memory we hold dear, expressed his desire that his Rule not be subject to interpretation by any of his brothers. He emphasised that the words of his Rule should be understood in their literal sense, stating that no one should say, here using his own words, “that they should be understood in this or that way.” Furthermore, he cautioned against seeking indults from the Apostolic See. Additionally, he included several other directives that require significant effort to adhere to.
3. Given your uncertainty regarding your obligation to observe this Testament, you have requested our assistance in clarifying any doubts in your conscience and those of your brothers. As a result of our longstanding friendship with the holy confessor, we are privy to his intentions more fully. Although we held a lower rank, we stood by him during his composition of the aforementioned Rule and obtained its confirmation from the Apostolic See. Consequently, you have sought clarification of the ambiguous and unclear points in the Rule, as well as a response to the challenges you are encountering.
We firmly believe that the confessor of Christ had a singular purpose in writing the Testament, and you aspire to conform to his just aspirations and holy desires. However, we acknowledge the potential risks to your souls and the difficulties you may face as a result. To alleviate any apprehension in your hearts, we unequivocally state that you are not obligated to follow the Testament. Without the unanimous consent of the brothers, particularly the ministers, Francis could not establish a binding rule that applies to all. Furthermore, he could not bind his successor because an equal lacks authority over another equal.
4. In addition to the information we have gathered from your messengers, some of the brothers are expressing doubts about whether they are bound by the counsels of the Gospels in addition to the Rule. The Rule begins with this: “The Rule and life of the Lesser Brothers is this: to observe the holy Gospel of our Lord Jesus Christ by living in obedience, without anything of their own, and in chastity.” It concludes with these words: “[so that] we might observe the poverty and humility and the holy Gospel of our Lord Jesus Christ which we have firmly promised.” Therefore, the brothers are questioning whether they are obligated to follow the other Gospel counsels besides those explicitly outlined in the Rule as precepts or prohibitions. This question is particularly pertinent because they did not intend to make such commitments. Furthermore, it is challenging, if not impossible, for them to adhere to all of the counsels literally.
Our response is succinct: you are not obligated to observe the counsels of the Gospel beyond those explicitly outlined in the Rule to which you have committed yourselves. Regarding the rest of them, you are bound in the same manner as other Christians, although even more so due to the goodness and integrity with which you offered a complete holocaust to the Lord by your contempt for all that pertains to this world.
5. Similarly, in the same Rule, the brothers are prohibited from “in any way receiving coins or money, either personally or through an intermediary.” Since they desire to strictly adhere to this prohibition, they seek clarification. Can they, without violating the Rule, present certain of the faithful to God-fearing people who were previously entrusted with their money? Might this alleviate the brothers’ needs? Furthermore, could they with a clear conscience turn to these faithful for their necessities, even though they are aware that these faithful have accepted coins, money-coins, or money—which, on their own authority, the brothers have no intention of holding or demanding from them—in the name of the donor?
In response to this matter, we should establish the following guidelines:
If the brothers intend to purchase an essential item or make a payment for a previously purchased item, they may present themselves to individuals willing to provide financial assistance. This could be an agent of the person from whom the purchase is being made or another individual, unless the donors prefer to make the payment themselves or through their own agents.
The individual presented by the brothers in this manner is not their agent, even if they have designated them. Rather, they are the agent of the person on whose authority the payment is made or the person receiving it. Such an agent is responsible for promptly making the payment to ensure that the donated funds are not retained.
However, if the same agent is presented for other immediate necessities, they may deposit the alms committed to them with a spiritual friend or a familiar acquaintance of the brothers. Through this person, the alms can be distributed as the brothers deem appropriate based on the circumstances and their immediate needs.
The brothers may also seek assistance from this agent for such necessities, particularly if the agent is negligent or unaware of their needs.
6. Furthermore, the Rule explicitly states that “the brothers shall not appropriate anything as their own, neither a house nor a place nor anything at all.” However, as time passes, the brothers harbour concerns that the poverty of the Order may be compromised, particularly given the recent claims that movable property belongs to the brotherhood. In light of these threats to the integrity of the Order, we have addressed your concerns with utmost seriousness.
Therefore, we have issued a decree prohibiting the individual possession or collective ownership of property. However, the brotherhood is permitted to utilise equipment, books, and other movable property as permissible. Individual brothers may utilise these items at the discretion of the general and provincial ministers.
It is important to note that dominion over places or houses is excluded, as these are the rightful possessions of the individuals they belong to. Additionally, brothers are prohibited from selling, exchanging, or alienating movable goods outside the Order unless the Cardinal of the Roman Church, the governor of the brotherhood, or the general or provincial ministers authorises the transaction.
7. Another chapter of the same Rule states: “If any brother, at the instigation of the enemy, commits a mortal sin concerning those sins that have been decreed among the brothers to be the sole recourse of provincial ministers, such brothers must immediately seek recourse from them without delay.” The brothers have expressed uncertainty regarding whether this provision applies exclusively to public sins or encompasses both public and private sins. We clarify that the relevant chapter specifically refers to manifest public sins.
We encourage the general minister to appoint, or have already appointed, from among the more mature and discreet priests, as many confessors as the ministers deem appropriate for the provinces. These priests may facilitate confessions for both public and private sins, unless the brothers choose to confide in their ministers or custodians who happen to be visiting their places.
8. Furthermore, the Rule prohibits any brother from preaching to the people unless he has undergone examination and approval by the general minister and received the authority to preach. You are wondering if the general minister can delegate these tasks to other discreet brothers to assist the brothers’ work and avoid hazardous travel. If so, can he delegate universally for examining brothers assigned to the provinces or only for specific brothers? Here is our response. The general minister cannot delegate these matters in his absence. Let the brothers deemed ready for examination be sent to him or accompany their provincial ministers to the general chapter for this purpose. Now, if they do not require an examination, based on their training at a theological school and in the office of preaching, if they are of mature age, and if they possess all the other qualities expected of such men, they may preach to the people in the approved manner, unless the provincial minister decides otherwise.
9. The brothers are also wondering if the vicars of the provincial minister, whom these latter appoint to act in their stead while traveling to the general chapter, may receive postulants into the brotherhood or dismiss them once they’ve been received. We clarify that they cannot. Even the ministers themselves may not do this unless they have been specifically authorised. Just as the general minister has the power to authorise them, he can also deny authorisation. According to the Rule, the reception of brothers cannot be delegated to others except the provincial ministers. Much less can these ministers subdelegate, as this authority has been entrusted to them alone, not to others.
10. In accordance with the Rule, upon the general minister’s demise, the provincial ministers and custodians at the Pentecost chapter shall elect a successor. Your inquiry pertains to whether all custodians within the entire Order are required to attend the general chapter. Alternatively, to facilitate a more peaceful resolution, could it be sufficient for a select representative from each province who are cognizant of the others’ perspectives to participate? Our response is that each province shall designate one custodian to accompany their provincial minister to the general chapter, providing them with updates on the matters at hand. Once this statute is ratified, we shall consider it approved.
11. The Rule also stipulates that brothers are prohibited from entering nuns’ monasteries unless specifically authorised by the Apostolic See. Until now, this prohibition has been interpreted as referring to the monasteries of the Poor Cloistered Nuns, where the Apostolic See holds special jurisdiction. This interpretation is believed to have originated from a statute approved during Francis’s lifetime and subsequently passed down through provincial ministers during general chapters. However, you have requested clarification. Does this prohibition extend to all nuns’ communities, as the Rule does not explicitly specify otherwise, or does it only apply to the monasteries of the Poor Cloistered Nuns? Our response is that the prohibition applies to all nuns’ communities. By monastery, we encompass the cloister, living quarters, and inner workspaces. Brothers granted permission by their superiors due to maturity and suitability may enter other areas accessible to laypeople for preaching or almsgiving, excluding the monasteries of the Poor Cloistered Nuns. Access to these monasteries is strictly prohibited without the Apostolic See’s explicit authorisation.
Given at Anagni, on the twenty-eighth day of September, in the fourth year of our pontificate (1230).