Rule of St. Francis. Gregory IX. had declared in the Year 1230. that according to the Rule of St. Francis, the Grey-Friars ought not to have any Property, either in Common, or by them∣selves; but only the Use of their Goods, Books, and other Moveables. That they could not sell them or alienate them any manner of way, unless the Cardinal-Protector of the Order gave a Power to the General or Provincials. Innocent IV. declared in 1245. That the Propriety of those things, of which the Grey-Friars had the use allowed them, belonged to the Holy See. Nicho∣las III. in his Decretal, Exiit, qui seminat, determines, That to renounce a Property in all things, as well in particular as in common, is Meritorious and Holy; and that JESUS CHRIST, who hath shewed us the Way of Perfection, hath taught it by his Words, and confirmed it by his Example, That the first Founders of the Church Militant practised it, and declared those Ex∣communicated, who were of a contrary Opinion. Martin IV. who Succeeded him, declared also, That the Grey-Friars had no right of Property, nor Dominion over the things, as well moveable as immoveable, which they used. This Judgment was confirmed by Nicholas IV. in the Year 1298. and by the Decretal of Clement V. which begins with Exivi, in which having compared the Order of Grey-Friars to a Paradise upon Earth, and recommended the Life, which their Rule prescribes them, as conformable to that of JESUS CHRIST, He explains several Articles of their Rule, which were something ambiguous; and among other things he declares concerning their Poverty, That the Vow which they take to renounce all Property, ought to be understood as well in particular, as in common. That the Property of all things given to them belongs to the Holy See, and that they have nothing, but a mere use de facto, which ex∣tends also to every thing, that is necessary for Life.
In this State and Condition were things, when John XXII. was raised to the Papacy, and the Grey-Friars were perswaded, that they had no Property, or Dominion in the things they had the use of; no, not in those things, which perish in the use, as Meat and Drink; They also protested in a General Chapter held at Perusia; That they would practice this Poverty in the literal sense, and conform to the Determination of Nicholas IV. upon that Subject. John XXII. who was a subtil Pope, could not endure that that Order, which he did not love, should have the Honour of renouncing all Propriety; which neither rendred them poorer, nor gave the Holy See any Property, which could be of Profit to it. He considered, that the Property of things which perished in the use, was not distinguished from the use it self. As for Example: It is undeniable, that he that Eats and Drinks, must have a Property in those things he Eats and Drinks actually, and in that case the Property can't be separated from the use; and conse∣quently, that if the Vow of the Rule of St. Francis were to have no Dominion, the Grey-Friars are obliged not to Eat, but to die with Hunger, to uphold their practice, or break it, that they might Live; That the Poverty, of which the Grey-Friars bragged, was a mere Cheat, since that their Renunciation of Property, was such a Chimaera as made them no whit the poorer, that their Intention was no other, than theirs, who have the Advantage of those things they use; That the Property and Dominion which they attributed to the Church of Rome, was more Charge than Profit, since nothing was got by it; That JESUS CHRIST, and his Apo∣stles, never dreamed of this Poverty; and that it was an Errour and Heresie to maintain, that JESUS CHRIST had no right nor property in the things which he used. On these Grounds he published two Decrees: In the First, which is the Extravagant, Ad Conditorem, dated at Avignon, Dec. 7. having observed that it belongs to those who have a right to make Canons, to Revoke, or Change them, which they have made, either themselves, or their Predecessors, when it happens that they do more hurt than good; and that the absolute Renunciation of Property in common, or particular by the Grey-Friars, built upon the Constitutions of his Predecessors, who grant them only the mere use de facto of the things, which they use, reserving the Pro∣perty to the Church of Rome, is neither profitable to themselves, nor the Church; and besides, in things which perish in the use, the Property or Dominion can't be separated from the use, since they are destroy'd by the very use. He declaees, That the Church of Rome hath no pro∣perty by virtue of the Constitutions of his Predecessors in any thing given the Grey-Friars for their use, and consumed by them, but yet retains a Spiritual Dominion of Direction over their Order, besides the Common Dominion which it hath over all the Goods of the Church, and over the Houses, Churches, Chapels, Books, Ornaments, and other Goods, which belong to the Grey-Friars, which do not perish in the use. In his Second Decretal, Cum inter nonnullos, which is dated the 12th. of the same Month, he declares, 1. That it is an Erroneous and Here∣tical Proposition, to assert, That it is Heresie to deny that JESUS CHRIST and his Apostles, had nothing in Common, or in Proper. 2. That for the future it shall be an Error and an Heresie to maintain positively, that JESUS CHRIST and his Apostles had no right to enjoy the things they used, to sell, or give them, or to make use of them to obtain another thing. The Pope did well to publish these Constitutions, but yet they did not convince the Grey-Friars of their Error; yea, several of them obstinately maintained, that they had no Property in those things, which they consumed, and accused the Pope of Error and Heresie. Lewis of Bavaria was not backward to take upon him their Defence, and to make use of this Pretence to accuse the Pope of Heresie in his Act of Appeal, which he published in 1324. wherein he confuted the Decretals, Ad Conditorem, and cum inter nonnullos, accusing them of Blasphemy, Error, and Heresie, and proves the contrary Doctrine by the Rule of St. Francis, the Authority of the Popes; John's Predecessors holding, That that Practice is conformable to the Life that JESUS CHRIST