The Grey Friars in OxfordLittle, A. G. (Andrew George)
History
The Grey Friars in Oxford
Little, A. G. (Andrew George)
Franciscans -- Great Britain
‘having no title to the possession of any property real or personal,
private or common[514];’
the Minorites in following this example were in a state of ‘perfection,’
and lived a holier life than any other Order in the Church.
The claim was generally admitted, and led to the exaltation of the
Minorites in the eyes of the world at the expense of the other
Orders[515]. As early as 1269 a controversy on this point arose between
the convents of the two Orders at Oxford. A Dominican named Solomon of
Ingeham accused the Minorites of receiving money either with their own
hands or through a third party[516]. The Franciscans denied the charge and
demanded the punishment of Friar Solomon. The Dominicans asked them to
prove the falsehood of Solomon’s assertion and promised then to punish
him. ‘The burden of proof,’ replied the Franciscans, ‘lies with you who
affirm, not with us who deny.’ The Dominicans brought forward many
instances in which they maintained that the Minorites had actually
received money. These, answered the latter, were merely personal
transgressions, and affected the community no more than any case of carnal
sin or disobedience. The Dominicans, however, based their contention
mainly on the argument that money bequeathed to the Franciscans must be
received either by them in person or by intermediaries on their behalf.
The Minorites answered
‘that, according to the definition of lawyers, money left by will is
counted among the goods of the deceased until it passes into the
_dominium_ and property of the legatee. But it cannot become ours by
legal right or pass into our _dominium_ without our consent. Thus
money, howsoever it may be deposited by the executors or committed to
anyone for the brethren, is always counted among the goods of the
deceased as long as it remains unspent, and the executors can, by
their own authority or by that of the deceased, reclaim it at
pleasure. How then can it be called ours?’
Peace was eventually restored by the interposition of the Chancellor and
leading secular masters, at whose recommendation Friar Solomon withdrew
his words. It is curious that neither the document containing the account
of this quarrel, nor Peckham, mention the explanation which afterwards
became the accepted theory, that the ownership of the goods of the
Franciscans was vested in the Pope. Yet this explanation was originally
given by Innocent IV in 1245[517].
Public-domain text, read in full here on John Shaqi.
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