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Quia quorundam

English translation made from the latin text, transcribed from "EXTRAVAG. IOANN. XXII.
which was published as a second volume in a reprint of Codex Iuris Canonicis, ed. B.
Tauchnitz, Leipzig,1879.

1. B ecause the father of lies is said to have so blinded the minds of certain [men],
that they by [means of] false madness have obscured Our constitutions—not without
much punishable temerity, unless they retract and lean themselves [once more] upon
the truth, which these contain—of which one begins: "Ad conditorem canonum," the
other indeed: "Quum inter non nullos," arranged diligently by previously held
deliberation certainly as much with Our brother Cardinals of the Holy Roman Church,
as with many Archbishops and Bishops, and other prelates of the [local] churches,
and not a few masters of sacred theology, and professors of both [kinds] of law [i.e.
civil and canon], and promulgated on the counsel of Our aforementioned brothers:
lest by daring [and] pernicious deeds their pestiferous doctrine shake the souls of the
simple so much, and prevail to lead them into the deviation of their own errors, on the
counsel of certain brother [cardinals] We judge soberly to make provision concering
this matter, as follows [below]. Moreover, they have used as much as word as writing
to impunge the aforesaid constitutions, for the alleged reason, as is shown: They say
that "That which the Roman Pontiffs had defined by [means of] the key of knowledge,
in faith and morals, once for all, persists unchangeable to such an extent, that it is not
lawful for a successor to call it again into doubt, nor to affirm the contrary," although
concerning those things, which have been ordained by [means of] the key of power,
they assert it to be otherwise.

2. However, in the confirmation of the rule of the Order of Friars Minor by Honorius
III, Gregory IX, Innocent IV, Alexander IV, Nicholas III, Our predecessors the
Supreme Pontiffs, they assert [that] these words are contained: "This is the
evangelical rule of Christ, the imitator of the Apostles, who had nothing in this
world [either] as their own or in common, but in [those] things which were used,
[merely] the simplex usum facti." presuming to add to these that the aforementioned
Supreme Pontiffs and many general councils have defined it by the key of knowledge,
that the poverty of Christ and the Apostles consisted in the perfect expropriation of
whatever temporal dominon, civil and mundane, and that even their sustenance
consisted solely and merely in the usus facti, from which they strive to conclude, that
it has not been licit nor is it licit for their sucessors to change anything against the
aforementioned things. And for that reason when Our constitution in the aforesaid
doctrine defined (as they assert) things contrary to the definitions of Our aforesaid
predecessors, they satisfy themselves to conclude, although falsely, that is was not
lawful for us to declare or establish that Christ and the Apostles in those things, which
they had, had not only the simplex usus facti, but [also] the usus faciendi of them, and
that scripture testifies that they did those things, by declaring [i.e. when it declared]
heretical the pertinacious assertion of [those who] say that these same men did not
have the least right of this kind, since [such ones] infer that the deeds of these men
were not just—which is a wicked thing to say about Christ. Likewise, since the
constitution : "Ad conditorem canonum," asserted against the aforesaid definitions
that the Friars Minor can not have the simplex usus facti in anything, they strive
similarly to argue against it.

On account of which moreover, since it was previously mentioned in the aforesaid

consideration, namely, that "It is not licit for their successors to call again into doubt
those things, which were defined once for all by the key of knowledge in faith or
morals by the Supreme Pontiffs, although it is otherwise," so they say, " in regards to
those things, which have been ordained by the Supreme Pontiffs by [means of] the key
of power," it is evidently clear from the following things [that] this is directly contrary
to the truth. First, indeed following [i.e. in the order presented by] these men, it is
clear that the aforesaid assertors, who hold that the spiritual key is by no means
knowledge, but a power of binding and loosing, by recoking it to be knowledge, have
erred. In favor of which is the definition of the "key", which is given by the doctors
[of theology]: "The key is the special power of binding and loosing, with which the
ecclesiatic as judge should receive the worthy into the Kingdom, and exculde the
unworthy." Likewise, since the keys, of which We speak, are conferred in the
imposition of priestly orders, it is however well established that knowledge is not
normally conferred upon the man ordained to the priesthood: wherefore, following
[the argument of] these men, it seems that knowledge is not the key, but rather the
ability to bind and loose should be said to be the key. Still following [the argument of]
these men, they are evidently known to have erred, who reckon that one spiritual key
is knowledge, and following [the argument of] these men, of which the authority to
discern between [one] leper and another they assert to be a key, and the other [key is]
the power of binding and loosing. For they substitute, by means of keys of this kind
concering those things, which are of the faith, and other [things], the ability to define
[a matter] by means of any constitution. However the keys, which are conferred in
priestly orders, by no means extend themselves to such matters, because according to
the aforementioned [assertions] simple priests would be able to issue a constitution,
which is evidently false. If however they maintain that those keys extend to the
general authority, attributed to blessed Peter, and to his successors in the person of the
same [i.e. acting in his stead] in the entrusting of the pastoral office, by means of
which it seems at least evident to themselves that they have conceded everything,
without which one would be unable to exercise the care of the universal shepherd
conveniently or exercise freely its office: besides it is clear that even they themselves
have erred. For they say, those things, which are established by the key of knowledge,
have one affect, and those things, which are established by the key of power, another,
supposing that some things, by the key of knowledge, and others, by the key of
power, have been determined or even defined, which is evidently false. For by means
of the key of knowledge, or by the authority to discern or examen among [one] leper
and another leper, (if We would call this a key), nothing other except the authority to
examen [them] is attributed by means of it to him to which it has been given.
However to him, to whom is given the authority of deciding concerning anything,
there is not understood to have been given [the authority] to define [anything]
concerning it. Wherefore it remains, that to establish anything conveniently, or to
define it, each of the keys, namely, of examining and defining, is required as
necessary; or that to only the key of power does it belong to establish [anything], and
even to define [it]; but, just as the material light directs the keybearer in the use of a
material key, so likewise he obtains as much as regards this matter from knowledge
instead of light. And this Our Savior in making the promise of the keys to blessed
Peter seems to have understood expressely, when He immediately adds to that: "And
whatever you will bind on earth, shall be bound even in heaven, and whatever you
loose on earth, will be loosed even in heavem," making no mention of knowledge.

3. However that which is put forth as the premise to support the aforesaid doctrine,
namely, that in the confirmation and declaration of the rule of the Friars Minor of not
a few of Our predecessors, namely Honorius III, Gregroy IX, Innocent IV, Alexander
IV, Nicholas III, words of this kind are contained: "This is the evangelical rule," etc.
put forward above, upto: "it is clear consisted even in the mere usus facti:" directly
opposes the truth. Honorius indeed confirmed the aforementioned rule without any
declaration, in confirmation of which no mention of the aforesaid words is had, so that
to whomsoever considers [it] attentively he can dissolve a confirmation of this kind:
except in so far as mention is made of the evangelical life there in the rule itself, as
confirmed, when it says: "This is the rule of the Friars Minor, namely to observe
the Holy Gospel of Our Lord Jesus Christ, by living in obedience, without
anything of one's own, and in chastity." From which words it cannot be concluded
that through that same predecessor of ours those things, which they themselves assert
in [regards to] the aforesaid words, have been defined. On the contrary it can be
concluded rather, that the evangelical life, which Christ and the Apostles kept, did not
exclude holding anything in common, since one cannot survive without anything of
one's own, on which account, as living men, they would have nothing in common.
Also in the declarations of the aforesaid Gregory, Innocent and Alexander, who
explained the same rule without another confirmation, similarly no direct mention is
made of the aforesaid [words]; rather by means of these there is evidently shown, of
those things, of which it is lawful for the friars themselves to have, the usus iuris
pertains to the order itself. Indeed Gregory in his declaration, as much as regards this
[point] inserts what follows: "We say, that neither individually nor in common
should they have property, but of the utensils, books, and movable goods, which
it is lawful to have, the order has the use, and the friars may use them according
to what the minister general and the ministers provincial will have commanded
to be arranged [in the matter]." Since it is said in the declarations spoken of above,
that the order may have the use of the aforementioned things, it is necessary that this
be referred to the usus iuris. Indeed [those] things done [in law], which pertain to
individuals, demand and require a true [legal] person; the order, however, is not a true
person, but rather is to be accounted as one represented and imaginary. Wherefore
[those things] which are done [in law] are truly unable to pertain to them, granted that
these could be suitable to that which is lawful. Besides granted that the declaration of
the aforesaid Nicholas III may contain these [words] which follow: "These are those
professors of the holy rule, who have been founded upon the evangelical
discourse, strengthened by the example of the life of Christ, and made firm by
the sermons and deeds of the His Apostles, the founders of the Church
militant,"[1] and afterwards in the same declaration he added, saying, "that the
abdication of all property, as much as in individual as in common, is meritorious
before God and holy, which even Christ, showing [us] the way of perfection,
taught by word and strengthened by example, and which the first founders of the
Church militant, just as [streams which] have drained from the fountain itself, in
willing to live perfectly have directed along the stream-beds of their own
doctrine and life:" [2] however, from the aforesaid words nothing at all can be
inferred, since the intention of Our aforesaid predecessor, Nicholas, was, to say, that
the said rule in respect to all things which are contained in it, is founded upon the
evangelical discourse, and strengthened by the example of the life of Christ, and not
(sic) because it was strengthened by the life and deeds of the Apostles. For it is well
known that many things are contained in the said rule, which neither Christ taught by
word, nor strengthened by example, in as much as, what the founder of the rule
precepted to all the Friars, that in no manner they are to receive coins or money
through themselves or through an interpoised person, and also even concerning many
other things contained in the said rule, which at any rate neither Christ nor the
Apostles taught by word, nor strengthened by example. Nor does this oppose [the
truth], that Christ forbade the Apostles and the disciples to carry money, when He
would sent them to preach, since nevertheless, before He would send them, We read
that it had been forbidden to them. And that after [their] return they carried money,
the evangelical truth and apostolic sayings bear witness in very many places. Besides
Augustine expressely says that this was not precepted, but [that] it was lawful for the
Apostles [both] to retain, or even not to retain, the authority to receive necessaries
from others, to whom they preached the Gospel.

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 property 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 property 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 understood this of His own disciples. Nor does this,
namely 'having some things in common and as regards property,' 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 some things in common even as regards property, which is not
repugnant to their rule or statutes. This even Alexander, our aforesaid predecessor,
seems to have understood in the condemnation of a little book published against the
statues of the [Friar] Preachers and the [Friars] Minor, in which he occasionally 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 property
some things in common according to their 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 resigning 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 obtain from another a usus
that is not consumable, just as it is 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 reckoned 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 sentence of condemnation.

5. On the other hand, it is said that assertors of this kind have asserted that "the
abdication of right in regards to property of whatever kind and of its use is holy and
meritorious for God's sake, and that this was observed by Christ Himself in regards
to Himself, [that it was] imposed upon the Apostles, and [that is was] assumed by
them under a vow. Nor on this account is the usus facti for the sustenance of nature
as regards Christ and the Apostles proven conclusively to be not just, but so much
more just and more perfect, and more acceptable by God, and more an exemplary to
the world, as more fully it was a renunciation of all right, on account of which such
using can be both compared with a usus of whatever kind in whatever way and
defended in court." Which assertion indeed contains many false things, since neither
that Christ observed the aforesaid expropriation of all right in regards to property of
whatever kind, or in usus as regards Himself, nor that He imposed this upon the
Apostles, nor that [this was done] by a vow that had been taken by themselves, does
the evangelical or apostolic history teach, but the contrary is more evidently manifest.
Moreover because in the aforesaid assertion there is added, that "by means of the
abdication of the aforesaid right, namely of property, this usus facti for the
sustenance of nature as regards Christ and the Apostles is not proven conclusively to
be not just, but so much more just etc.," it includes an impossibility, and evidently this
kind of said error [i.e. as is now explained:]. For it is impossible that an extrinsic
human act be just, if the one exercising the very act have no right to exercise it:
indeed such use is necessarily proven conclusively to be not only not just but unjust.
Likewise, it is absurd and erroneous, that the act of anyone, not having the right to
accomplish an act of this kind, would be more just and more acceptable to God, than
[the act] of one having [the right], since one would conclude that an unjust act would
appear just and more acceptable to God than a just one.

Moreover from the aforementioned things they strive to infer, as has been shown, that
the definition of the aforesaid supreme Pontiffs, which they defined concerning the
poverty of Christ and the Apostles and concerning the rule of the aforesaid Friars
Minor, (just as they have expressed it above), could not be changed by Us; far from
doubt they assert false things, by saying, that Our predecessor have defined such
things, as has been proved above, and thus saying besides, while sufficiently
impugning Our constitutions, they show that those constitutions, on which they
support themselves, to be invalid, erroneous, and refuted (if their false assertions
would show [themselves to be] true). For if it was not lawful for Us to establish
publicly anything against the constitution of Nicholas III, Our predecessor, on which
they especially found themselves, neither was it lawful for him to establish or declare
anything against the statues of the aforesaid Gregory, Innocent, and Alexander;
because nevertheless, according to their assertion, it is evidently known that he did.
For since these [Popes] declared, in order that the order of Minors would have the use
of those things, which it was lawful for them to have, which necessarily must be
referred to the usus juris, as has been proven above, he himself—according to them—
truly established that neither the order nor the friars should have the jus utendi, but
only just the simplex usus facti, and that in addition he ordained, decreed, and
established that this constitution, arrangement, and declaration of his own must be
observed no less than precisely and inviolably and for all times by the friars
themselves; it is not only well known, that he would have ordained [something]
against the declarations of the aforesaid predecessors, but that he himself would have
even revoked them, as much as pertains to these things, which his declaration
contains. Also Our predecessor himself in his declaration added, that it pertained to
the declaration of the Apostolic See and to the arrangement of those things, even
concerning those things which he himself had declared, saying thus: "If any
ambiguity should emerge in regards the aforesaid things, let this be brought to
the peak of the Apostolic See, so that from its apostolic authority—to whom
alone has it been conceded to compose statutes in regard to these things, and to
explain what has been composed—there may be manifested in this [matter] the
intention [of what was to have been expressed]." of which nevertheless the assertors
of this kind assert the contrary. Besides it is clear that what they assert is false. For
granted that the aforesaid Innocent III interdicted the erection of new religious
[orders] in general council, his own successors nevertheless, (not withstanding an
interdict of this kind), chose to confirm many orders, which (with some exceptions)
were even dissolved in a certain measure afterwards by Our predecessor Gregory IX
in general council.

6. If therefore after an interdict of a general council it was lawful for the supreme
Pontiffs to confirm orders [that] had not been confirmed, and for their successors to
dissolve completely [those which] had been so confirmed, is it not wonderful, if, what
only the supreme Pontiff may declare or ordain concerning the rules of [religious]
orders, it is lawful for his successors to declare or to change to other things. Moreover
it is clear that neither the confirmation of the aforesiad [Popes], Honorius, Gregory,
Alexander, and Nicholas[III], was accomplished in general council, since no general
council was celebrated by any of these. Granted that Innocent IV celebrated a general
council, nevertheless during that [council] the above said declaration of his was not
accomplished with the authority of any council. Nicholas IV, however, neither
celebrated a general council, nor declared anything concerning the said rule. The
aforesaid Gregory IX, however, neither confirmed nor delcared the said rule, but in a
general council, where there had been not a few orders of mendicants abolished, he
did not abolish the orders of the said Friars Minor and [Friar] Preachers, but asserted
them to be approved, saying thus: "To these [orders], which the resulting utility of
the universal church, evident from these things, demonstrates as approved, We
do not permit the present constitution to be extended."

Besides they tell us, where they read assertions of this kind, hat it pertains to faith and
morals, that Christ and the Apostles did not have as regards these things, which they
did have, [anything] but the simplex usus facti? Indeed this does not pertain directly to
faith, since concerning this [matter] there is not any article, neither [any] under which
it is meant to be understood, as is clear in the creeds, in which the articles of the faith
are contained, nor even remotely, unless this be contained in sacred scripture, by
which having been denied all sacred scripture is reduced to doubts, and by
consequence the articles of faith, which have been proven by means of sacred
scripture, are redduced to doubts and uncertainties. For this cannot be in regard to
sacred scripture, but the contrary is discovered [to be the case]. Moreover concerning
the aforesaid Friars Minor what the supreme Pontiff kept, or could have kept, for
himself and to the Roman Church concerning their poverty and simplex usus facti, or
concerning the dominion of those things which are offered to them, is well known.
Nor in the aforesaid creeds, the Gospel, or the Acts of the Apostles and [their] letters
is there had any mention that it is not lawful for their successor to rid himself of that
[which] was reserved, if this seemed expedient, nor that a sucessor did not have the
force [of authority] to revoke the procurators constituted by the authority of the
supreme Pontiff for the transactions of the aforesaid order. Whence they cannot
conclude from the aforesaid things, except falsely, but that a successor has the force
[of authority] to ordain something against those things [which] have been ordained by
the supreme Pontiffs concerning such things, because the aforementioned Nicholas
expressly includes [this] in his declaration, as is contained more fully above.

7. For that reason, lest the fabricators of lies of this kind and also the assertors of such
pestiential, erroneous, and condemned doctrine, by repressing and confusing certainly
every worthy [doctrine], prevail in boasting and in leading others into error, since they
have dared, by sneaky undertaking and perverse petulance, to defend publicly a
heresy condemned by the aforesaid constitution and even to prove, namely that Christ
and His Apostles in those things, which were appointed [for them] to have had, they
only had the simplex usus facti without any right, from which (if it were true) it would
follow, that the usus of Christ was not just, which indeed contains blasphemy, and
[which is] inimicable to the Catholic Faith, since there is no doubt that this has come
forth from pretinacious and erroneous animosity, after [having taken] counsel of Our
brothers [i.e. the cardinals], We do declare that each and every [person], who by word
or writing on his own or by means of another or others presumes [to do] such things
publicly, and that also they, who teach these in regards to such things and do as has
been aforementioned, have fallen into condemned heresy, and [are to be treated] as
heretics to be avoided. If anyone, moreover, would presume by word or writing to
knowingly defend or approve, one after the other, the heresies condemned by the
constitution "Quum inter praedictam," or either of them, after [having taken]
counsel of the same brother [cardinals], We judge that he is to be visibly treated as a
heretic by all. Besides after [having taken] the counsel of the same brother [cardinals]
We forbid more broadly that [anyone] impunge with insane daring Our above said
constitution, "Ad conditorem canonum," which they are [doing], as has been shown,
so that no one may, in word or writing, approve or defend anything knowingly against
the things defined, ordained or accomplished by the same. If anyone truly would
presume [to do such] against [it], let him be treated by all as contumacious, and a
rebel of the Roman Church.

Therefore [it is in nowise licit] to any man [to infringe this page of Our declarations,
statements, composition, command, constitutions, judgments, and dispositions, nor it
is licit to such a one to oppose this by rash daring: if any one however would presume
to attempt this, let him know that he has incurred the indignation of the Omnipotent
God, and his blessed Apostles Peter and Paul.]

Given at Avignon, on the fourth day before the Ides of November, in the ninth year of
Our Pontificate.


1 - The latin text of Nicholas III's constitution "Exiit qui seminat" , as quoted here, differs from the
text printed in the "The Registers of Nicholas III", p. 232-241, #564 . That text reads, "Hii sunt illius
sancte regule professores, que evangelico fundatur eloquio, vite Christi roboratur exemplo,
fondatorum militantis Ecclesie apostolorum ejus sermonibus actibusque firmatur." which is
translated "These are those professors of the holy rule, which is founded on the evangelical discourse,
strengthened by the example of the life of Christ, and made firm by the sermons and deeds of His
Apostles, the founders of the Church militant." This difference, however, does not change the value or
conclusions of the argument.

2 - The text of Nicholas III's constitution as quoted here, again differs from the that which is found in
the "Registers of Nicholas III", as above. That text reads "quod abdicatio . . . prout ab ipso fonte
auxerant (sic), . . .derivarunt:" which is translated "that the abdication . . .just as [streams which] had
grown from the spring itself, . .have diverted over . . . ". This is only a question of a variant reading.

3 - The passage cited (1 Cor. 8:2) in the footnotes to the latin text for this quote should be 2
Corinthians 8:2, which is "quod in multo experimento tribulationis abundantia gaudii ipsorum et
altissima paupertas eorum abundavit in divitias simplicitatis eorum " and is translated "That in much
experience of tribulation, they have had abundance of joy; and their very deep poverty hath
abounded unto the riches of their simplicity." in the Douay-Rheims editon of the Vulgate.

The introductory paragraph is an English translation of the introductory paragraph from the work cited. All
text within the square brackets has been added by the English translator for the sake of clarity. If such text is in
italics then the words are not contained in the literal meaning of the latin passage, but are added here to give
the sense of their meaning. The variant readings presented in the latin notes have not been used. Finally this
translation has been released to the public doman by its author.
Source: The Franciscan Archive http://www.franciscan-archive.org/