Article 4

Alms Given in Money

As it is strictly forbidden to the Brothers in the same Rule to receive in any manner, either by themselves or by a third party, money or currency; and as they are resolved to always observe this commandment in all its rigor, as they are bound to do.

We, to prevent the purity of their Observance from being violated in any way in this regard; to remove all scruple from them; and to leave no pretext for the malice of detractors, having examined this article more thoroughly than our Predecessors did, and wishing through our Declaration to shed greater light on this matter: We first say that the Minor Brothers must not make any loan contract, because their state renders them absolutely incapable of contracting.

However, when money is needed to meet some temporary necessities, if there are then no alms, they may, without any obligation, ensure that they have a sincere intention to have the item they need paid for by their friends or from alms that may come.

Now, in this case, the Brothers should ensure that the one who will pay the total or part of the sum, according to what the Lord inspires them, makes this payment through his own hands, or through the hands of another whom the Brothers do not designate for him, if possible, but whom he chooses himself freely.

However, if he does not wish to make the choice or cannot, because he is about to leave, or because he does not know to whom to entrust the money, or for some other reason: We declare and say that then the Brothers may, without violating in any way the purity of the Rule, and without contravening it in any manner, indicate, name, or present to the one who gave them the said alms one or more persons to whom a commission may be given, with his approval, to pay for the Brothers, and it will also be necessary to have him approve that others may be substituted in place of these when needed, as will be indicated below.

But the ownership, property, and possession of the money shall remain entirely with the Benefactor, with full freedom to reclaim it whenever he wishes, until it is employed for the purpose for which it was given; and the Brothers shall have no right over this money, nor any power to dispose of or spend it; furthermore, they may not take any legal action, pursue any claim, or assert any right in law or otherwise, against the person named by them or by the Benefactor, of whatever condition they may be, and whatever manner in which they perform the commission entrusted to them.

However, they are allowed to inform and specify to this person the things they need, asking them to pay for them: they are also allowed to exhort and encourage them to faithfully fulfill the administration entrusted to them, and to do nothing in this regard contrary to the salvation of their soul.

Above all, they must take care, as we have already said, not to use this money themselves, nor dispose of it in any way, have no legal action, and pursue no claim in law against the said person.

But if this person named by them or by the Benefactor could not themselves use the money, whether due to absence, illness, unwillingness, the distance of the place where payment must be made, or any other reason: then the Brothers may, without injuring their conscience, take measures with them, both to substitute another person, to appoint them, and for all other matters, as we have said they could do with regard to the first Benefactor; and this in cases where they cannot, or do not wish to, address the first.

Now it seems to us that two persons thus substituted for one another will suffice for the payment discussed above, provided it can be done quickly; nevertheless, if it sometimes happens that due to the distance of the places where money must be given, or for other circumstances, it is deemed necessary to employ a greater number of persons; in such a case, the Brothers are permitted to take, name, or present several to execute the aforementioned tasks, taking into account the nature of the current matter, and observing the conditions we have established.

But as it is good and necessary to provide properly, according to the prescribed moderation, not only for the present needs of the Minor Brothers, for which payment must be made immediately, but also for those that may soon arise, whether they can be addressed quickly or require more time, such as when it concerns the composition of Books, the construction of Churches or Houses for them, the purchase of Books and cloth in distant countries, and other similar needs which may arise; though these occur far more rarely than those first mentioned.

We declare that the Brothers may act as securely and in as good conscience in these cases as in the former; observing exactly for these upcoming needs (whether they can be met quickly or not) all that has been said concerning the payment of things previously required, both regarding the one who gave the money and the one appointed in his place.

Furthermore, because it is apparent that in these kinds of needs, which, however imminent, are nevertheless of such a nature, as we have said, that time is needed to address them, it often happens, either due to circumstances, or because of the distance of the places where it must be spent, that the money intended for these purposes passes through the hands of different persons, whose actions it would be nearly impossible to inform to the first Benefactor, nor to the one he appointed to use it, nor even to a third party whom the latter has substituted.

We declare and say that in such cases, so as not to injure in any way either the Rule or the conscience of those who have taken Profession, beyond the two means we have already established for past and upcoming needs, whether they can be met quickly or not, the Brothers must formally propose to the one who gave the said alms, if present, or to someone authorized on their behalf and willing, to approve that any persons handling and employing this money, whether named by him or by them, shall be considered acting with his consent, by his will, and in his name.

Nevertheless, he remains the absolute master of this same money, with full freedom to reclaim it, until it is employed for the purpose for which it was intended, as we have said above in two other cases; and if he agrees to the Brothers’ proposal, then they may, in safe conscience, use what has been obtained from this money, whoever purchased it, according to the prescriptions above.

Now, to put all these matters in clearer light; We declare by this constitution valid in perpetuity that it must neither be said nor thought that, when the Brothers use the means we have indicated for past and upcoming necessities, they receive money themselves or through a third party contrary to the purity of the Rule they have professed; since, on the contrary, it is evident from all that has been said that they are entirely removed not only from receiving money, or having its property, ownership, or use, but even from touching and handling it; in short, that they are perfectly detached from it.

If the one who gave the money dies before the needed items have been purchased, even if, when giving it, they expressed or indicated that it was intended for the needs of the Brothers by a person entrusted for this purpose: whatever happens afterwards, whether they die or not, leave heirs or not; the Brothers may address the said person for the use of this money, as they would have to the one who gave it to them, notwithstanding the Benefactor’s death and the opposition of his heirs.

Finally, as we zealously desire with all the affection of our heart to maintain said Order in the purity of its Rule, when someone gives money for something the Brothers need: We also declare that they may ask the donor to consent that if there is any remainder after acquiring the necessary item, it may serve for other necessities; but if he does not consent, they are obliged to return all that remains, and they must take such precautions that, knowing it, they do not allow more money to be given than is likely to be required for the intended purpose.

Now, because it could very well happen, according to the exact details we have just given, that the one who gives or the one who receives the money fails in any point: to better safeguard the interests of Benefactors, to maintain the Order in its purity, and to take into account the weakness of some simple persons; We intend to make known, by the tenor of this present constitution valid forever, and we wish the world to know, that whenever money is sent or offered to the Brothers, it must be understood absolutely, as reasonable people sufficiently comprehend, that it is to be used in the prescribed manner, that is, by means suitable to their state, unless it has been explicitly indicated otherwise: for it is not likely that a person giving alms without explanation wishes to impose conditions that would nullify its merit, render it useless to those they intend to assist, or, finally, compromise the purity of their conscience.