Article 3

To Whom Belongs the Ownership of What is Given to the Brothers

Since the Friars Minor can acquire nothing, neither for themselves personally, nor for their Order in common, and since it is reasonable that the one who offers, grants, or gives something to them for the love of God intends, unless he explicitly indicates otherwise, to give it entirely to them, to divest himself of it, and to transfer to them for the love of God all the rights therein, it is necessary that there be someone who receives the ownership of the thing in place of God; for in the end, a son acquires for the benefit of his Father, a servant for the benefit of his Master, a Religious for the benefit of his Monastery—each in his own way acquires the things that are offered, granted, or given to him.

Now, there is no one who can more justly receive the ownership of what is given to the said Brothers than the Apostolic See, or the Sovereign Pontiff, Vicar of Jesus Christ, Father of all the Faithful, and especially of the Friars Minor.

Therefore, so that there may be no doubt as to who holds ownership of these things, we take by Apostolic authority for ourselves and the Roman Church, following the example of Pope Innocent IV, our predecessor of happy memory, the ownership of all movable property, books, and personal goods, present and future, of which it is permitted for the Order and the Brothers to have mere use; and we decree by this present constitution, perpetual and enduring, that this ownership belongs to us, to Us and to the said Church entirely and without any burden.

Furthermore, by the same authority, We and the same Church receive the rights, domain, and ownership of places that will be purchased from various alms, and which will be offered or granted to the Brothers, in whatever terms they may be, by various persons, whether they hold them in common, or only in part, and who have reserved nothing in offering or granting them; but the Brothers must be careful on these occasions to express themselves only in terms conforming to their state.

With respect to places or houses that a private person or an entire body may grant or offer without reservation for the dwelling of the Brothers, if they lodge there with the approval of the Benefactor, it shall be only for as long as he allows, and they must leave without difficulty as soon as he lets them know he no longer wishes it.

We except, however, Churches, Oratories serving as Churches, and Cemeteries, present and future, of which We and the Roman Church, by Apostolic authority, take the rights and ownership in the manner already stated. Now neither We nor the said Church claim anything at all of the domain and ownership of dwellings granted to the Brothers, unless they were received with our special consent and that of the same Church.

If therefore the one who grants them to the Brothers retains ownership, it shall remain entirely with him without any obligation, and the Roman Church shall have no right therein.

Moreover, although the Brothers may receive movable property and other things whose use is permitted to them to meet their needs and fulfill the duties of their state (for they must not use everything indiscriminately), nevertheless they must take care not to have anything superfluous, or in such abundance that poverty is harmed, nor to amass, alienate, or sell it, nor finally under any pretext; on the contrary, their entire conduct should show that they are very far from having anything of their own, and that they use it only out of pure necessity.

Now the Ministers and Custodes shall take care to regulate, with great discretion, together or separately, each in their Departments and Provinces, everything concerning said use, taking into account the differences of persons and places: for it often happens that one is obliged to grant more or less, and to take other measures according to the quality of the persons, the diversity of times, the disposition of places, and some other circumstances that may occur.

But they must behave in such a way that holy Poverty shines forth in all their persons and in all their actions, as prescribed to them by their Rule.