Article 5

On the dispossession of the Friars Minor

The Holy Institute, setting forth the manner of observing the Poverty prescribed in the Rule, expresses itself thus: That the Brothers should possess nothing of their own, neither house nor place, nor anything else; but that they should conduct themselves as travelers and strangers in this world; that they should serve the Lord in poverty and in humility; and that they should go confidently to ask for alms.

Now some of the Roman Pontiffs, our Predecessors, have declared that this dispossession must be understood both individually and in common; for this reason they, together with the Roman Church, have taken ownership and dominion of all that is granted, offered, and given to the Brothers of the said Order, and of which they are permitted to have the use, leaving to them only simple use.

Nevertheless, we have been informed of certain things said to be practiced among them, which appear contrary to the purity of their Order and to the vow of poverty; in order that we may examine them and provide remedies for those we shall judge to be wrong.

First, it is said that not only do they allow themselves to be instituted as heirs, but that they even procure this.

Secondly, that they possess revenues, sometimes so considerable that they suffice to maintain entire convents.

Thirdly, that when they have legal affairs, even concerning temporal goods, they personally go to solicit lawyers and procurators, and appear at the bar with them.

Fourthly, that they undertake to execute wills, and sometimes even claim goods that have been acquired through usury.

Fifthly, that in certain places they have gardens of prodigious extent, and in addition large vineyards, from which they derive a great quantity of herbs, fruits, and wine which they sell.

Sixthly, that at the time of harvest and vintage, they store in their granaries and cellars a great quantity of wheat and wine, whether by alms or by purchase, such that they can subsist for the rest of the year without begging.

Seventhly, that they build, or arrange to have built for them, churches or other buildings in such great number and with such rich and elaborate construction that they would not be taken for the dwellings of the poor, but for the palaces of great lords.

Eighthly, that in most of their churches they have ornaments so precious and in such quantity that they surpass cathedrals in this respect.

Finally, that they receive indiscriminately, like other things, the horses and arms that are presented to them at funerals.

However, all the Brothers, and particularly the Superiors, maintain that these abuses, at least for the most part, are not committed within the Order; that if some are found guilty of them, they are punished rigorously; and that strict statutes have long been established to prevent them. Now we, who desire to set their consciences at rest and to remove from their minds every kind of doubt, as far as possible, respond to the preceding Articles in the following manner.