4.

 But this Our predecessor, the Roman Pontiff Nicholas, in respect to the principle three vows, namely to live in obedience, and without property, and in chastity, and the other things, if as things expressed they are found in the Gospel, seems to have understood to say in the aforesaid declaration regarding the said rule, which at any rate opposes the above said declarations of Ours in nothing. Besides it does not appear that he himself said that the sustenance of Christ and His Apostles consisted only and merely in the simplex usus facti, since as regards Christ and the Apostles Our aforesaid predecessor Nicholas made no mention. Indeed he seems to have understood quite expressely that they had had another jus a proprietate, since concerning solely the abdication of property, not of another right, in the aforesaid declaration, as much as pertained to them, mention is had. Besides the same Nicholas, Our predecessor, seems to have understood that Christ and the Apostles even as regards propterty had something in common. For when he would use words concerning the abdication of property, responding to a tacit objection, which could have been made to him concerning loculi (i.e. money bags), which [as] is read in the Gospel Christ had had, immediately he added [these words] which follow: "Nor let anyone think to resist these things, because it is sometimes said, that Christ had had loculi." For as Christ Himself, whose works were perfect, cultivated in His deeds the way of perfection, on which account sometimes, condescending to the imperfection of the infirm, he would both extoll the way of perfection and not damn the infirm paths of the imperfect: and so Christ in having taken up loculi set free the person of the infirm. At another time there had been the irrelevant objection concering the loculi, unless it would have been understood that even Christ as regards propterty had loculi. Besides if it would be said that Christ in having had locui [had] only the simplex usus facti, in vain would it be said that in the person of the infirm themselves Christ had loculi, when according to him it is suitable for even the perfect to have the simplex usum facti. And, if it would be asked on the account of which infirm [persons] He would have those loculi, Augustine, whose saying has been inserted in the Decrees, answers, saying: "The Lord, keeping the offerings of the faithful, used to have loculi, and He used to allot these for His own necessities and for the needs of others." Whence it is well known that He Himself undestood this of His own disciples. Nor does this, namely 'having somethings in common and as regards propterty,' derogate from the highest poverty according to the saying of the aforesaid Gregory IX, who in a certain decretal of his expressly says that the Friar Preachers and the Friars Minor are to serve Christ in the highest poverty; and yet it is well known that the [Friar] Preachers themselves have somethings in common even as regards propterty, which is not repugnant to their rule or statutes. This even Alexander, our aforesaid predecessor, seems to have understood in the condemnation of a litte book published against the statues of the [Friar] Preachers and the [Friars] Minor, in which he occasionally he adds concerning the said friars [those things] which follow, since in addition he replies that the same friars have forsaken all things for the sake of God, begging the meagerly supports for life, and that they imitate the poor Christ, by embracing evangelical perfection. On account of which it is evidently apparent, that they not only stand forth in the state of those [who are] to be saved, but also of the perfect, and by the observance of their religion, which indeed has the form of evangelical perfection, they merit surpassing glory [for themselves] as a reward of eternal retribution. Indeed where he says expressly, that the Friar Preachers imitate the poor Christ, and that they themselves embrace evangelical perfection, and stand forth in the state of the elect, and that the observance of their own religion has the form of evangelical perfection, it is however even well known, that they themselves can have even as regards propterty somethings in common according to thier rule. Nor does this oppose, what they say, that Innocent V ([who was known] at another time [as] Celestine) Our predecessor had said, that high poverty is having few things of one's own for the sake of God; higher [poverty], which has no things as one's own, has however [somethings] in common; the highest [poverty], which has nothing in this world, neither [has anything] as one's own, nor in common. Indeed We say, that he said this, not as Pope, but as brother Peter de Tarantasia in a certain [writing] of his own afterwards [i.e. after resinging from the Papacy], wherefore the sayings of the aforementioned Pontiffs are to be preferred deservedly to his. They also say, that the Apostle spoke concerning such highest poverty, saying: "And their most high poverty abounded in the riches of their simplicity." (1 Cor. 8:2) [³] Which evidently is false since there it speaks of the poverty of the Macedonians, who even used to posses temporal goods individually, concerning whom the Apostle claims, that beyond [their] strength they pitied the saints with their alms. Moreover because in the declaration of our predecessor Nicholas it is said that the Friars Minor in things, which fall to them, they may have only the simplex usus facti, We say that if he himself understood the simplex usus facti as devoid of all right, in such a way, that the friars themselves or the order would have no jus utendi, this [would be] expressly against the declaration of Gregroy, Innocent, [and] Alexander, the aforesaid supreme Pontiffs, by whom [i.e. by whose authority] it expressly contained, that the order would have the use of such goods; because concerning the usus juris there must be understood "the necessary," as has been proved above. Besides We say, that this, namely the simplex usus facti without any right, is impossible, (since no one other than oneself can be said to use a thing as one's own,) to be able in regards to anything to obatin from another a usus that is not consumable, just as itis proven in the decretal "Ad conditorem canonum," and as Augustine holds expressly in Book XI of De actu. Besides if the use devoid of any right were able to be possessed by anyone, it would be established that an act of this kind of using would have to be recokened as not just, since that would be a use, to which the ius utendi did not pertain; moreover a not-just use does not pertain in any way to the state of perfection, nor does it add anything to perfection, but rather is recognized to be manifestly repugnant to itself. Now it does not seem that the author of the law [i.e. the Pope] for the Friars understood to reserve for them such a not-just use. Nay rather, that he understood this of a just [one] is more evidently able to appear from that which he adds in the same arrangement, that he was receiving the dominium of these things in his own name and even of [that] of the Roman Church, of which it would be lawful for the friars or the order, as said before, to have the usus facti, adding that the friars themselves should not have the use of all things. Moreover as much as it pertains to the simplex usus facti without any jus utendi: as regards the friars there cannot be estimated to be any difference [among] these things. For in this way they can in fact use prohibited things, as has been mentioned. From which it follows, that the usus facti, concerning which [that] arrangement speaks, should be understood of such, which are just, and for which a jus utendi pertains. And the very author of the law [i.e. the Pope] seems even to have understood from that which he added to the same arrangement, that a moderate use as regards things previously payed for has been conceeded to the friars themselves. On the other hand the assailers of the constitution of this kind are claimed to publicly assert that "the little book and the sayings of the masters [in theology], of those who assert that the said poverty and life of the said friars is not evangelical and apostolic, the Roman Pontiffs have condemned, more broadly prohibiting by apostolic letters that anyone contumaciously add to the aforesaid things or to any of the aforementioned things, or in any manner whatsoever presume to defend [them], [and in] establishing, that he who presumes to do the contrary is to be treated as contumacious, a rebel to the Roman Church, and a heretic." To which We say that an assertion of this kind is false. For there is not contained, in the passage quoted above, that he [who] does the contray is to be treated as a heretic, which indeed [i.e but rather that it] contains these things which follow: "For We nonetheless by the authority of these present [documents] do more broadly prohibit that anyone pertinaciously assert the aforesaid things or any of the aforesaid things or presume in any manner to defend them. Whosoever truly should presume [to do] this, let him be treated as contumacious and a rebel of the Roman Church by all the faithful." There has not been added, that one is to be treated as an heretic, as is clear in the text of the aforesaid sentance of condemnation.