3.

 However that which is put forth as the premise to support the aforesaid doctrine, nemely, that in the confirmation and declaration of the rule of the Friars Minor of not a few of Our predecessors, namely Honorius III, Gregroy IX, Innocent IV, Alexander IV, Nicholas III, words of this kind are contained: "This is the evangelical rule," etc. put forward above, upto: "it is clear consisted even in the mere usus facti:" directly opposes the truth. Honorius indeed confirmed the aforementioned rule without any declaration, in confirmation of which no mention of the aforesaid words is had, so that to whomsoever considers [it] attentively he can dissolve a confirmation of this kind: except in so far as mention is made of the evangelical life there in the rule itself, as confirmed, when it says: "This is the rule of the Friars Minor, namely to observe the Holy Gospel of Our Lord Jesus Christ, by living in obedience, without anything of one's own, and in chastity." From which words it cannot be concluded that through that same predecessor of ours those things, which they themselves assert in [regards to] the aforesaid words, have been defined. On the contrary it can be concluded rather, that the evangelical life, which Christ and the Apostles kept, did not exclude holding anything in common, since one cannot survive without anything of one's own, on which account, as living men, they would have nothing in common. Also in the declarations of the aforesaid Gregory, Innocent and Alexander, who explained the same rule without another confirmation, similarly no direct mention is made of the aforesaid [words]; rather by means of these there is evidently shown, of those things, of which it is lawful for the friars themselves to have, the usus iuris pertains to the order itself. Indeed Gregory in his declaration, as much as regards this [point] inserts what follows: "We say, that neither individually nor in common should they have property, but of the utensils, books, and movable goods, which it is lawful to have, the order has the use, and the friars may use them according to what the minister general and the ministers provincial will have commanded to be arranged [in the matter]." Since it is said in the declarations spoken of above, that the order may have the use of the aforementioned things, it is necessary that this be referred to the usus iuris. Indeed [those] things done [in law], which pertain to individuals, demand and require a true [legal] person; the order, however, is not a true person, but rather is to be accounted as one represented and imaginary. Wherefore [those things] which are done [in law] are truly unable to pertain to them, granted that these could be suitable to that which is lawful. Besides granted that the declaration of the aforesaid Nicholas III may contain these [words] which follow: "These are those professors of the holy rule, who have been founded upon the evangelical discourse, strengthened by the example of the life of Christ, and made firm by the sermons and deeds of the His Apostles, the founders of the Church militant,"[¹] and afterwards in the same declaration he added, saying, "that the abdication of all property, as much as in individual as in common, is meritorious before God and holy, which even Christ, showing [us] the way of perfection, taught by word and strengthened by example, and which the first founders of the Church militant, just as [streams which] have drained from the fountain itself, in willing to live perfectly have directed along the stream-beds of their own doctrine and life:" [²] however, from the aforesaid words nothing at all can be inferred, since the intention of Our aforesaid predecessor, Nicholas, was, to say, that the said rule in respect to all things which are contained in it, is founded upon the evangelical discourse, and strengthened by the example of the life of Christ, and not (sic) because it was strengthened by the life and deeds of the Apostles. For it is well known that many things are contained in the said rule, which neither Christ taught by word, nor strengthened by example, in as much as, what the founder of the rule precepted to all the Friars, that in no manner they are to receive coins or money through themselves or through an interpoised person, and also even concerning many other things contained in the said rule, which at any rate neither Christ nor the Apostles taught by word, nor strengthened by example. Nor does this oppose [the truth], that Christ forbade the Apostles and the disciples to carry money, when He would sent them to preach, since nevertheless, before He would send them, We read that it had been forbidden to them. And that after [their] return they carried money, the evangelical truth and apostolic sayings bear witness in very many places. Besides Augustine expressely says that this was not precepted, but [that] it was lawful for the Apostles [both] to retain, or even not to retain, the authority to receive necessaries from others, to whom they preached the Gospel.