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of the latter to bring him and St. Dominic together.12

The cardinal was at this time at the apogee of his success. Everything had gone well with him. His voice was all powerful not only in affairs of the Church, but also in those of the Empire. Frederic II., who seemed to be groping his way, and in whose mind were germinating dreams of religious reformation, and the desire of placing his power at the service of the truth, treated him as a friend, and spoke of him with unbounded admiration.13

In his reflections upon the remedies to be applied to the woes of Christianity, the cardinal came at last to think that one of the most efficacious would be the substitution of bishops taken from the two new Orders, for the feudal episcopate almost always recruited from local families in which ecclesiastical dignities were, so to speak, hereditary. In the eyes of Ugolini such bishops were usually wanting in two essential qualities of a good prelate: religious zeal and zeal for the Church.

He believed that the Preaching and the Minor Friars would not only possess those virtues which were lacking in the others, but that in the hands of the papacy they might become a highly centralized hierarchy, truly catholic, wholly devoted to the interests of the Church at large. The difficulties which might occur on the part of the chapters which should elect the bishops, as well as on the side of the high secular clergy, would be put to flight by the enthusiasm which the people would feel for pastors whose poverty would recall the days of the primitive Church.

At the close of his interviews with Francis and Dominic, he communicated to them some of these thoughts, asking their advice as to the elevation of their friars to prelatures. There was a pious contest between the two saints as to which should answer first. Finally, Dominic said simply that he should prefer to see his companions remain as they were. In his turn, Francis showed that the very name of his institute made the thing impossible. "If my friars have been called Minores," he said, "it is not that they may become Majores. If you desire that they become fruitful in the Church of God, leave them alone, and keep them in the estate into which God has called them. I pray you, father, do not so act that their poverty shall become a motive for pride, nor elevate them to prelatures which would move them to insolence toward others."14

The ecclesiastical policy followed by the popes was destined to render this counsel of the two founders wholly useless.15

Francis and Dominic parted, never again to meet. The Master of the Preaching Friars shortly after set out for Bologna, where he died on August 6th following, and Francis returned to Portiuncula, where Pietro di Catana had just died (March 10, 1221). He was replaced at the head of the Order by Brother Elias. Ugolini was doubtless not without influence in this choice.

Detained by his functions of legate, he could not be present at the Whitsunday chapter (May 30, 1221).16 He was represented there by Cardinal Reynerio,17 who came accompanied by several bishops and by monks of various orders.18 About three thousand friars were there assembled, but so great was the eagerness of the people of the neighborhood to bring provisions, that after a session of seven days they were obliged to remain two days longer to eat up all that had been brought. The sessions were presided over by Brother Elias, Francis sitting at his feet and pulling at his robe when there was anything that he wished to have put before the Brothers.

Brother Giordani di Giano, who was present, has preserved for us all these details and that of the setting out of a group of friars for Germany. They were placed under the direction of Cæsar of Speyer, whose mission succeeded beyond all expectation. Eighteen months after, when he returned to Italy, consumed with the desire to see St. Francis again, the cities of Wurzburg, Mayence, Worms, Speyer, Strasburg, Cologne, Salzburg, and Ratisbon had become Franciscan centres, from whence the new ideas were radiating into all Southern Germany.

The foundation of the Tertiaries, or Third Order, generally in the oldest documents called Brotherhood of Penitence, is usually fixed as occurring in the year 1221; but we have already seen that this date is much too recent, or rather that it is impossible to fix any date, for what was later called, quite arbitrarily, the Third Order is evidently contemporary with the First.19

Francis and his companions desired to be the apostles of their time; but they, no more than the apostles of Jesus, desired to have all men enter their association, which was necessarily somewhat restricted, and which, according to the gospel saying, was meant to be the leaven of the rest of humanity. In consequence, their life was literally the apostolic life, but the ideal which they preached was the evangelical life, such as Jesus had preached it.

St. Francis no more condemned the family or property than Jesus did; he simply saw in them ties from which the apostle, and the apostle alone, needs to be free.

If before long sickly minds fancied that they interpreted his thought in making the union of the sexes an evil, and all that concerns the physical activity of man a fall; if unbalanced spirits borrowed the authority of his name to escape from all duty; if married persons condemned themselves to the senseless martyrdom of virginity, he should certainly not be made responsible. These traces of an unnatural asceticism come from the dualist ideas of the Catharists, and not from the inspired poet who sang nature and her fecundity, who made nests for doves, inviting them to multiply under the watch of God, and who imposed manual labor on his friars as a sacred duty.

The bases of the corporation of the Brothers and Sisters of Penitence were very simple. Francis gave no new doctrine to the world; what was new in his message was wholly in his love, in his direct call to the evangelical life, to an ideal of moral vigor, of labor, and of love.

Naturally, there were soon found men who did not understand this true and simple beauty; they fell into observances and devotions, imitated, while living in the world, the life of the cloister to which for one reason or another they were not able to retire; but it would be unjust to picture to ourselves the Brothers of Penitence as modelled after them.

Did they receive a Rule from St. Francis? It is impossible to say. The one which was given20 them in 1289 by Pope Nicholas IV. is simply the recasting and amalgamation of all the rules of lay fraternities which existed at the end of the thirteenth century. To attribute this document to Francis is nothing less than the placing in a new building of certain venerated stones from an ancient edifice. It is a matter of façade and ornamentation, nothing more.

Notwithstanding this absence of any Rule emanating from Francis himself, it is clear enough what, in his estimation, this association ought to be. The Gospel, with its counsels and examples, was to be its true Rule. The great innovation designed by the Third Order was concord; this fraternity was a union of peace, and it brought to astonished Europe a new truce of God. Whether the absolute refusal to carry arms21 was an idea wholly chimerical and ephemeral, the documents are there to prove, but it is a fine thing to have had the power to bring it about for a few years.

The second essential obligation of the Brothers of Penitence appears to have been that of reducing their wants so far as possible, and while preserving their fortunes to distribute to the poor at proper intervals the free portion of the revenue after contenting themselves with the strictly necessary.22

To do with joy the duties of their calling; to give a holy inspiration to the slightest actions; to find in the infinitely littles of existence, things apparently the most commonplace, parts of a divine work; to keep pure from all debasing interest; to use things as not possessing them, like the servants in the parable who would soon have to give account of the talents confided to them; to close their hearts to hatred, to open them wide to the poor, the sick, to all abandoned ones, such were the other essential duties of the Brothers and Sisters of Penitence.

To lead them into this royal road of liberty, love, and responsibility, Francis sometimes appealed to the terrors of hell and the joys of paradise, but interested love was so little a part of his nature that these considerations and others of the same kind occupy an entirely secondary place in those of his writings which remain, as also in his biographies.

For him the gospel life is natural to the soul. Whoever comes to know it will prefer it; it has no more need to be proved than the outer air and the light. It needs only to lead prisoners to it, for them to lose all desire to return to the dungeons of avarice, hatred, or frivolity.

Francis and his true disciples make the painful ascent of the mountain heights, impelled solely, but irresistibly, by the inner voice. The only foreign aid which they accept is the memory of Jesus, going before them upon these heights and mysteriously living again before their eyes in the sacrament of the eucharist.

The letter to all Christians in which these thoughts break forth is a living souvenir of St. Francis's teachings to the Tertiaries.

To represent these latter to ourselves in a perfectly concrete form we may resort to the legend of St. Lucchesio, whom tradition makes the first Brother of Penitence.23

A native of a little city of Tuscany he quitted it to avoid its political enmities, and established himself at Poggibonsi, not far from Sienna, where he continued to trade in grain. Already rich, it was not difficult for him to buy up all the wheat, and, selling it in a time of scarcity, realize enormous profits. But soon overcome by Francis's preaching, he took himself to task, distributed all his superfluity to the poor, and kept nothing but his house with a small garden and one ass.

From that time he was to be seen devoting himself to the cultivation of this bit of ground, and making of his house a sort of hostelry whither the poor and the sick came in swarms. He not only welcomed them, but he sought them out, even to the malaria-infected Maremma, often returning with a sick man astride on his back and preceded by his ass bearing a similar burden. The resources of the garden were necessarily very limited; when there was no other way, Lucchesio took a wallet and went from door to door asking alms, but most of the time this was needless, for his poor guests, seeing him so diligent and so good, were better satisfied with a few poor vegetables from the garden shared with him than with the most copious repast. In the presence of their benefactor, so joyful in his destitution, they forgot their own poverty, and the habitual murmurs of these wretches were transformed into outbursts of admiration and gratitude.

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