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Nicolaus PP. III
Exiit qui seminat

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  • The Rule obliges the non-use of money. How this is to be observed.
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The Rule obliges the non-use of money. How this is to be observed.

13. Moreover since it is prohibited under the stricture of precept in the same rule that the friars not receive through themselves or through others coins or money in any manner, and so that the friars may desire to observe [this] in perpetuity and so that they may be obliged to fulfill what was necessary to be enjoined [upon them], lest their purity in the observance of this kind of precept be stained in any thing or [lest] consciences of the friars be pricked by any goading anguish, this very same article for the sake of rebutting more profoundly those who are detracting it, which Our predecessors had done taking it up, and pursuing the same by more clear determinations We say first of all, let the friars themselves abstain from contracting debts [mutua]; since for them to contract a debt, considering their state [in life], is not lawful, nevertheless they themselves can, for making satisfaction for their necessities, which might occur for a time when alms have ceased, concerning which it may not be able to be satisfied conveniently at the time beyond promising a bond of some sort of obligation, which by means of alms and other friends of the friars they intend to work faithfully to repay this kind [of debt]. In which case it is to be procured by the friars, that the one who will give alms through himself or through another who is not to be nominated by them, if it can be done, but by himself more according to his own chosen pleasure, make satisfaction of this kind in entirety or in part, just as the Lord will inspire him. If however he himself does not want to do this or cannot, or his departure [from office] is imminent, or because to those whom he wishes to commit [the matter], he has no knowledge of their trustworthiness, or on account of whatever other happening or cause, We declare and say that in no [way] is the purity of the rule infringed nor is the observance of it stained in any manner whatsoever, if the friars themselves care to make known to him [the trustworthiness] of another or of others, or to nominate someone or others or even to present him or them, to whom, if it pleases such to give alms, the execution of the aforesaid things can be entrusted; and let his approval of the below-written replacements be had: nevertheless so that in the power of the one giving dominion, property and possession of his own money with power free to recall the same money to himself always up until its conversion into the deputed item with those things fully, freely and integrally remaining, the friars may have entirely no right to the money itself nor [may they have its] administration or dispensation, nor may they themselves hold against the person nominated or not nominated by them, in whatever condition he might be, in court or outside it, a judicial prosecution or any other right howsoever the aforesaid person [have conducted himself] in a commission of this kind. Nevertheless it is lawful for the friars to make known and specify and manifest their necessities to the aforesaid person and to beg him to fulfill them. They can even exhort and induce the same person to conduct himself faithfully in the matter committed [to his care]; and to take care of the salvation of his soul in the execution of the matter committed to himself, to this extent, that the friars abstain entirely from all administration or dispensation of this money and from [all] action or judicial prosecution, as has been said, against the aforesaid person. If truly it might happen that a person of this kind, nominated or not nominated by the friars, not be able to execute through himself the aforesaid [matter] because of absence, infirmity, free-will or distance of places, on account of which he himself does not wish to present [himself], in those [places where] the payment may be made or the satisfaction [of the debt] made, or to be impeded for some other reason, it is lawful for the friars with a pure conscience as much as to substitute one other person to the aforementioned [matter] by nominating [him] and others, if they cannot, or do not wish to have recourse to the first donor, since as just above We have declared that it is lawful for them to so nominate such a person. For when the aforesaid satisfaction is presumed to be able to be expedited more swiftly, the agency by-way-of-substitution, as has been said, is more commonly and more generally considered by the first of the two persons to be [the one] able to suffice in the execution of the aforesaid things. If however in the mean time because of the distance of places, in which the satisfaction might be made and where there emerges conditions or other circumstances in the case, in which the agency of many substituted persons seems opportune, it is lawful for the friars themselves in this case according to the character of the business [and] with the aforesaid method observed to choose, nominate, or present many persons to execute that agency. And since it is right and expedient that for the necessities of the friars not only for those for which there might have already been made a payment or a satisfaction, as has just been said above, but even for those things imminent, either violent necessities which they are able to expedite for a short time, or such granted that [they be] comparatively few, the provision for which [things] has been brought about by [something] necessary, as in the writing of books, the construction of churches or buildings for the use of their habitation, the repair of books and clothes in remote places, and other things similar, if as they might occur, [they are] to be soberly provided for with the above mentioned regulation; so that We may distinguish clearly among those necessities, We thus declare that in them the friars can proceed safely and with a healthy conscience, namely, that in violent or imminent necessity, which for a brief time or which sometimes from other circumstances not so brief, as has been said above in the last case, it can be expedited, as much as regards the one giving an alms as regards the one nominated or substituted in all these, and for all these let it be conducted just as in the article on making payment for past necessities [which] We have declared just above. In that true necessity however much violent at the present, which however from its quality, as has been said, has been protracted for a time, because in this case it is true that then by reason of the distance of places, which on account of the character of the necessity itself would require traveling, then also by considered reason of the circumstances of the same necessity there would frequently befall cases, in which it would be right that the money deputed for this kind of necessity would pass through diverse hands and persons, for whom of all [these] persons it would be almost impossible that there be a principle owner who deputes money for this necessity or even one [who was] substituted by him, and third also by the substituted one himself if such a case would happen, after the substitute has received notice, We declare and say that in this article besides those two methods explained regarding past necessities and those violent which might be for a brief time, or sometimes not brief, as is expressed above, to be expedited, as We have said before are to be observed, to protect in every way the purity of the Rule itself and its professors, that if there be at hand one giving out abundantly alms of this kind or his nuncius, who is able to do this, to whom it is expressly said beforehand by the friars that it would please themselves that with the dominion of such money freely remaining in the possession of him always, with the free power of recalling to himself the very same money, even until its conversion into the thing deputed, as has been said in the other two above cases, through however many hands or persons, nominated by him or by the friars, the money or alms itself be borne, the entire [matter] proceed with his consent, will and authority, in order that by granting his assent to the aforementioned things the friars can use safely the thing bought or acquired by that money by whomsoever according to the manner described above. However for a greater clarity [regarding] the aforesaid things We declare the following be valid in perpetuity [regarding] the method of providing [for such things], to the end that the friars by the aforementioned means, as has been said, with those things being observed regarding money to care for their past and violent necessities, they are not to be understood nor can they be said to receive money through themselves or an interposed person contrary to the Rule, or to the purity of the profession of their order, since it is patently manifest from the aforementioned things that the friars themselves not only from reception, propriety, dominion or use of the very money, but truly even from whatever handling of the same and from [the money itself] they be entirely prohibited.




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