Penance & Poverty

By: Very Rev. Lino Temperini, TOR

Translation: Very Rev. Fr. Seraphin J. Conley, TOR

Penitents, Poor in order to serve the Poor! (XIII - XV centuries)

1. Some Useful Background:

The title selected for this chapter gives the precise outline of the exposition and clearly indicates the direction it will take. The Brothers and Sisters of Penance, as true children of St. Francis of Assisi, considered themselves to be deeply committed to the practice of the most genuine Gospel values, especially the twin values of Penance/Works of Mercy. The question of poverty is to be seen in this context.

Before going to the collection of documentary testimony it is important to be aware of a unique difference present from the origins of Franciscanism regarding the significance of evangelical poverty. A comparison of the third with the first and second orders is necessary and enlightening; it was not a choice of "most high poverty" for any ascetical purpose, but rather concrete options for charitable assistance in service to the less fortunate.

The Penitents, whether Secular and Regular, were not caught up in the impassioned controversies about the poverty of Christ and His apostles, of the Church and of Franciscans, as were the Friars Minor and through their influence, the Order of Poor Clares.

Regarding that subject, we are familiar with the discussions, at times quite intricate, about Franciscan Poverty. In the First and Second Orders poverty assumed a theoretical relevance of extreme importance; it is the ideal, the ideology, the ascetical impulse, the dynamic force which stirs up the embers and one's potential. For centuries the problem of evangelical poverty polarized great minds and generous souls seeking the way of perfection. Justly do the Rule of 1223: 6,4 and the Rule of St. Clare: 8, 4 speak of "most high poverty" which renders one poor in material goods but rich in virtue.

On the contrary, in the Franciscan Order of Penance, or the Third Order of St. Francis, Secular and Regular, ordinarily poverty was chosen not for an ideal or ascetical purpose but with a charitable purpose or social help in mind. When a brother or sister of penance deprived themselves of their material goods or destined their property as an inheritance by means of a Will in favor of the "consociatio poenitentium," they had before their eyes the manifold needs of the poor and the mass of services set up for their assistance. Coming from the people, they remained in the midst of the people "in the world," or at least, very close to the people in their real life situations. The Third Order looked attentively at the problems of the people and generously fulfilled the works of mercy. And it is in this spirit that the Fraternity is the proprietor of goods and did not reject the acceptance of donations made out in its own name, without any legal rationalizations. And also the Fraternity of the Third Order Regular, often rooted in the Secular Franciscans, allows community property, although excluding the right of its members to own private property. On the contrary, up to the Council of Trent and even afterwards, in many Institutes the religious men and women had the right of ownership over their personal goods, even if in practice they were not able to dispose of these without the permission of their superiors. Therefore, in the Rules of the SFO and the TOR it would make no sense to say "sine proprio" (without property), while the phrase "without property" is in the Rules of the Minors and the Clares (RNB 1, 1; RB 1, 1; RCI 1, 1-2) has its rightful place. Also the concept of "Highest Poverty" is completely foreign to the long historic and spiritual tradition of the Third Order of St. Francis, whether Secular or Regular.

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In the Order of Penance the evangelical counsel of poverty is welcomed and lived in its operative dimensions. The brothers and sisters of Penance let themselves be guided by the needs and rights of the poor. Between the living and sharp-edged Word of God and service to the needy there is a direct and consequential connection. Indeed the check of how the Gospel was carried out from the viewpoint of service will constitute the parameters of the Final Judgement. (Mt. 25, 31-46) Only love manifested in the spiritual and corporal works of mercy will count in the balance of the Judge. This will be the practical and ethical measure by which our existence will be evaluated. "He who does not love .... John echoes the Gospel .... does not know God." (I Jn 4,8); "he who does not love is dead." (l Jn 4,8) "He who does not love his brother whom lie can see, cannot love God whom he cannot see. " (l Jn 4,20) "It is not enough to love in word and speech but there is need to love in deed and in truth. " (l Jn 3,14) Faith which is not attentive to the needs of the poor is dead, is a pretense and worthless as would say St. James (cf.Jn 2,2f; 14f). The narcissism of a poverty which would contemplate itself, which would praise itself, which would be pleased with itself, which would absolutize itself almost as a new gospel, often ends up depleted on the barren horizon of the Ego. It is a phenomenon which has never affected the Order of Franciscan penitents. The constant faithfulness to the practice of charity and the duties of daily life did not allow the brothers and sisters of the Third Order to dedicate themselves to abstract dissertations oftentimes useless and often wounding or harmful.

In the noble history of Franciscan poverty, the extension of the apostolic community and exemplification of the primitive church, the Third Order is characterized by its own special style and its own dimensions To share bread with the hungry, to welcome the homeless, to clothe the naked as writes the Prophet Isaias (cf, Is 58,7) is the program of the brothers and sisters of penance. Insisting on charitable and social relief activities, the Third Order has given its specific contribution to the fullness of the Franciscan charisma distinguished by forceful ideals and garlanded with deeds arising from the leaven of the Gospel. A gift of Providence after the manner of the Poverello, the Third Order is the bearer of a rich historic and spiritual patrimony belonging to the entire Franciscan family and to the Church.

2. The Facts Speak

Recent studies have borne fruit in bringing to light valuable historic testimony which documents the charitable activities of the Franciscan penitents. In the greater number of cases concerning projects spead out over space and time, one can discover the strict rapport between their poverty and their charitable service. The Franciscan penitents used their goods and work to begin or sustain relief services carried out by the fraternities of the Third Order. Often dividing their goods in spite of the presumed rights of their lawful heirs, many penitents made out wills in favor of beneficient activities, donating their property completely or partially. Here we see a poverty which is very practical, not only exercised "pro mercede anime" rather than from an ascetical impulse, but in the spirit of the Beatitudes (cf. Mt. 5, 1-10) and the works of mercy (cf. Mt 25, 31-46). By way of example, we have gathered some facts which can illuminate this judgement. I have chosen a wide range of witnesses both familiar and unknown.

Events and Individuals.

From an earlier study of the secluded world of holiness of Franciscan penitents, I became quite familiar with some individual among the ternaries and their choice of poverty. (1)  Always, or very often, one finds the distribution of their goods for the various works of mercy. The penitents renounce their own financial security and leave their goods to take care of the needs of the indigent. Among the revipients of the charity of the tertiaries are counted the poor in general, the blind, the lame, the lepers, the plague stricken, the sick in hospitals or at home, widows and needy girls.
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(1) Cf. L. TEMPERINI, Le fonti francescane in alcune esperienze dei francescani laici del 1400, in Lettura delle fonti francescane attraverso is secoli: il 1400, Rome, 1981, pp. 347-372. Dealing with the questions of poverty in the middle ages, an essential treatment is found in M.MOLLAT I poveri nel medioevo, Rome-Bari, 1987. In this excellent study which summarizes previous research can be found an excellent biobligraphy which touches on the theme. General studies as well as hundreds of monographs reflect the interest in the complex themes: poverty-assistance-charity in the middle ages and at the beginnings of the Humanistic period.

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Elizabeth of Hungary (1207-1231) Canonized May 27, 1235.

The example of St. Elizabeth, the firstborn of Franciscan penitential sanctity is interesting from this viewpoint of active charity. Her historical and spiritual membership in the Order of Franciscan penitents is clear. After some erroneous efforts to remove her from the list, her affiliation has been completely reestablished by very recent historical studies. (2)

Widow and Franciscan penitent, Elizabeth, although formerly queen and not deprived of economic resources, detached herself from material goods and put all her means at the service of the poor. During the famine of 1226 she put all the wealth of the state to alleviate the hunger and other necessities of the people. (3) During her liesure time, she, together with her maids sewed and made garments for the poor. (4) In a time of epidemic she sold all her jewels to aid the stricken. (5) And when she had nothing else to give, she provided for the orphans and the sick working and personally caring for them. (6) The story is told that Elizabeth, scarcely three months after her marriage (May, 1221) had given her bridal gown of silver brocade to a poor lady, considering it useless for her to keep but useful for one in the situation of the poor. (7) To poor women, Elizabeth used to give dresses and veils to provide for their needs. (8) To a recently delivered mother she provided food, lodging, clothing and assistance.(9) At her own expense and sometimes her own labor she provided Christian burial for those who had died of the plague, abandoned by all due to the dread of contagion. (10)

Through a legal settlement, Elizabeth received from Enrico de Ruspe (the Landgrave succeeding his dead brother Louis, the husband of Elizabeth) two thousand marks and the use of some indispensable possessions, including Marburg and some personal belongings. Her
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(2) Cf. C.A.CADDERI, Scitita Elisabetta d'Ungheria, Padua, 1988, pp.89s.
(3) CF. o.c., pp. 13 and 107. Medieval vocabulary designating the various types of poverty was quite varied. And the proliferation of indigency fostered a common mentality, part fatalistic, part devout, often resigned. Poverty was seen as an inescapable fact to be sublimated in the light of faith and to be resolved bv charity. Medieval man did not make a socio-economic connection between need and justice as we do today. It is for this reason that the christian effort, more filled with a spirit of the gospel, worked through charity and works of mercy even if they did not stress social justice. The brothers and sisters of penance were in the forefront and, in their life style, demonstrated the sincerity of their conversion by service to the needy.

(4) Cf. o.c., p. 101
(5) Cf. o.c., p. 108
(6) Cf. o.c., p. 13 and 101.
(7) Cf. o.c., p. 74
(8) Cf. o.c., p. 110-111.
(9) Cf. o.c., p. 152-153
(10) Cf. o.c., p. 110.

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thoughts turned immediately to the poor to aid them and to the sick to alleviate their needs. She had a hospital built at Marburg, which was finished at the beginning of 1229 and was dedicated to St. Francis of Assisi.

At the end of May in 1229, in a single day, Elizabeth distributed an enormous sum to thousands of the poor, who came to the hospital of Marburg to receive something to alleviate their need. The chroniclers speak of 12,000 beggars, and it is known that each one received 6 marks! As if all this were not sufficient, Elizabeth had food and 6 denarii distributed to each one of the poor and the invalids who remained overnight while she herself washed their tired and dusty feet. (11)

There are numerous other testimonies, completely true or embroidered "cum fundamento inre," giving evidence that in Elizabeth, poverty became a continuous gift. Her money and her labor was converted into bread, food, clothing, medicine and hospitals for the poor, even into candies and toys for orphaned or abandoned children. (12)

Padua

The heroic sanctity of Elizabeth, maturing so quickly in the Franciscan school, found a wide response in other marvelous individuals among the brothers and sisters, although they were not so widely known. Often the virtues perfumed by grace flourish in the underbrush of God's Kingdom! As an example we can take a quick look at some other typical witnesses. We begin at Padua. An act of sale dated Oct. 29, 1231 informs us that a certain Ottolino, probably a member of the "ordo fratrum de penitencia" went begging to help the poor. (13) His membership in the Order is not explicitly mentioned but is certainly probable and even inferred. In case this information and its certainty were clearer, we would find ourselves with the first testimony concerning the penitents of Padua. Their presence was marked by heroic charity. As a note of curiosity we would recall that 1231 was the year in which St. Anthony preached a series of Lenten Sermons.

We remain at Padua. From the Will of the "Lady Venese" drawn up on November 22, 1245, we know that by that date there existed in Padua a fraternity of penitents composed of "fratres et ministri," in other words, regularly organized. (14) An examination of the index offers us sufficient confirmation that we find ourselves in a Franciscan sphere, that is that the protagonists of the act are Penitents of St. Francis. And so, the person making the will,
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(11) f. o.c., pp. 150-151.
(12) Cf. o.c., P.109. It should be remembered that in the middle ages poverty was not understood in the old testament sense. For the Israelite of the OT the poor man was a sinner, deprived of the goods of creation by God for some fault. Thus, poverty deserved to be despised. There was neither pity nor help. Rather, the poor man deserved to be admonished. Nevertheless, the biblical and pagan standards of the middle east gradually developed a deeper humaniatarian and religious sensitivity towards the poor. Cf. LeGASSE, Pauvrete chretienne, in Dictionaire de spiritualite (=DS),t. I 2/1,Lcoll.613-697. On the other hand, the NT proclaims that the Son of God despoiled Himself to take on the condition of a servant and to share the reality of man, except for sin. (cf. Fil 2, 6-8). The anawim, the poor, are the favorites of God: they are brothers in Christ, renewed through the choice of the Incarnate Word. In the poor the true Christian discovers the "imago Christi". Cf. S.LeGASSE, in DS, coll. 623-634. In the middle ages and in the time of St. Francis, poverty represented and symbolized many values. Cf. M. MOLLAT, in DS, coll. 647-658.
(13) Cf. A. RIGON, I laici nella chiesa padovana del duecento:  oblati, penitenti, Padua 1979, pp. 49-50.
(14) Cf. o.c., pp. 50-51.

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Venese leaves all her rights to a vineyard with the clause that half of the harvest was to be distributed to the poor. (15)

There is a legal document of 1281 in which we see that Maria, the widow of the jurist Scurcio, left a large sum of money to Fra Albrigeto "of the congregation of the Brothers of Penance" to be given to aid prisoners.

From two Acts of March 12, 1284 which again demonstrate that Fra Albrigeto "querit elimoxinam pro caceratis."

Beatrice, the daughter of Giacomo di Tolomeo, in a Will of April 7, 1300 established that part of her property, after settlement of any outstanding debts, should be given to the Ministers of the penitents "ad liberandum carceratos et ad pascendum eos in carcere."

To the works of mercy on behalf of those in prison must be added the relief of the poor, guaranteed through donations and wills.

On the strength of a will of a certain Fra Bongalvano, the brothers Giovanni and Antonio paid lo Lire "conventui fratrum de penitencia pro una piatancia fiendo in sancto die iovis XII pauperibus et aliis dicti Ordinis," that is to provide a good meal each year on Holy Thursday for 12 poor men. (16)

Antonio Rigon   observes correctly that the practice of charitable donations on behalf of the poor, at least in the 13th & 14th centuries, was a very common practice among the faithful in general (17) and therefore not only to be attributed to the "penitentes tertii ordinis beati Francisci." Certainly, charitable works are not the monopoly of anyone and, I would say, thank God for that! However, our interest is to document in what measure the tertiary Franciscans were activated by the motives of service to their brothers... drawing energy from their own poverty which rendered them free and available. Their seraphic poverty was a gift which enriched the poor!

Assitance to the needy on the part of the Franciscan penitents was exercised either directly or more often through the fraternity and its ministers. The alms box of the fraternity often overflowed with the offerings of the tertiaries and the ministers with their council served the guardians and executors of the intentions of the givers.

This kind of involvement of the fraternity in the exercise of gospel beneficence is very interesting, in that it demonstrates the commitment of the brothers and sisters of penance to community projects, to a sense of co-responsibility, of sharing, the communion of the spirit of St. Francis.

To secure the constant service to the least fortunate, the penitential fraternities sought to increase the capital collected by donations by making useful aquisitions and investments. A testimony in this sense comes to us from a fraternity of "pauperes fratres penitencie de
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(15) Cf. o.c., pp. 53-54
(16) Cf. o.c., pp. 63-64

(17) Cf. o.c., pp.73-74; G. G. MEERSSEMAN, Ordo fraternitatis, Rome 1977, pp. 365-366; A.VAUCHEZ, Assistance et charite en occident, XIII siecles, in Domanda e consumi, livellie e strutture nei secoli XIII-XVIII (1st intern, di storia economica "F. Dacini" di Prato) Florence 1978, pp. 151-155.

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Padua" in two legal documents of March 12 and May 2nd of 1284. The inventory of the fraternity lists, among other things, 16 fields and 5 sections. From these and other investments the penitents received an annual return of 62 and a quarter bushels of wheat. Added to the returns coming from wills, the "fratres de penitentia" gained an annual return of 5 lire, 170 soldi, I denaro "a viginti," 2 large denari and another 30 lire to give to charitable works during the course of the year. (18)

Verona.

We turn our attention now to an extraordinary concentration of charity: the Hospital of S. Giacomo alla Tomba in Verona. From the legal briefs of a suit, which took place between March and July of 1235, we know that to this center of mercy were concentrated all the lepers of the city, who were gathered there from other smaller centers. (19) Their center, well organized and well run, was served by the group of penitents and some outside helpers under the direction of a Minister. Some lepers came from the locality of "S. Agata sub Aquario, " from which they had been evicted by the Benedictine monks to make more space for the construction of the Church of S. Agata. The lepers, popularly called "malsani," disputed this project for an area and buildings which had been erected over time "pro malsanis, " that is for those afflicted with leprosy. Since some "penitents" had donated the land and goods for this purpose, they were able to reclaim the property for its original intention.

But it is necessary to investigate the problem throroughly for an accurate understanding of the facts. Are these penitents, so deeply involved in the works of mercy, of Franciscan inspiration? Actually, as in many such cases, the documentation is not explicit. The dispute is not concerned with the identity of the protagonists but rather with the intentions of the benefactors and the rights of the beneficiaries. Let us analyze the facts. It would, of course, be anachronistic to picture the shepherd Gerardo in the camp of the Franciscan penitents. He had donated the land to the lepers for the lepers ("malsanis et pro malsanis") around 1215, specifying that the motive was "amore Dei. " Right away a certain Rodolfo constructed some shelters to receive the lepers, using his own funds and his wife's dowry. Gerado Wenicus supplied the lumber and stone to build the house of the leper Plano. (20) These patients of the leprosarium, then, shared the properties in community and exchanged things in a spirit of  fraternity. (21)

Without detaining ourselves any more than necessary and leaving the question to more careful analysis, we can conclude the following: the leprosarium in the locality "sub Aquario" and then that of S. Giacomo began their charitable activity through the work of conversi and ordinary penitents. Gradually, however, between the administrators and the patients of the leprosarium the Franciscan spirit entered in with all the force of something new. The new model of evangelical life and charitable activity exercised an appeal not easily measured. (22)
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(18) For the documentation, cf. A. RIGON, o.c., pp.78079
(19) Cf. G. DE SANDRE GASPERINI. L'assistenza ai lebbrosi nel movimento religioso dei primi decenni del dueccento veronese:unomini e fatti, n VARI, Esperienze religiose e opere assisyenziali nei secoli XII e XIII, ed Segnalibro, Turin 1987, pp. 89-90
(20) Cf. o.c., pp. 92-92
(21) Cf. o.c., pp. 95-99
(22) Cf. o.c., pp. 101f.

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Treviso.

A typical example is offered by a fraternity of laymen and women which collaborated to conduct the Hospital of All Saints (Ognissanti) near Treviso for the benefit of the poor, the sick and pilgrims. The establishment of this project is already registered by the early part of 1200 as having been started by some clerics. By 1228 it happened that next to the hospital there was also a group of "domine incluse" and, in the running of this charitable activity, the "fratres et sorores extrinsecus commorantes" worked together.

These brothers and sisters as laypeople lived with their families and had the ownership of their own property. Some of them, to better guarantee the charitable service, sometimes lived at the hospital, and might be said to have made themselves poor for the benefit of their patients. The documents also underlined that, at least, some "mulieres extrinsece" turned over the benefits of their properties for the advantage of the poor. The aquisition, the sale and the disposition of goods was done with the consent of the ministers of the fraternity.

The religious and charitable experience of Ognissanti presents a typical example of transition: the structure is anchored in the past of an abbatial style, while the spirit is new of evangelical and Franciscan inspiration. The "fraternitas" of the penitents lived the spirt of the evangelical counsels especially poverty. Nevertheless, it is not poverty in the sense of a deprivation of goods but in the sense of putting all one's goods, personal and community, at the service of the poor. A poverty, surely, not chosen for an ascetical value, but undertaken for charitable works. (23)

Padua.

We return to this region for a moment. In Padua, in 1236, a "frater de penitentia" Bongalvano, former minister of the local fraternity, willed his money for the benefit of the poor, the lepers, and the sick, with explicit mention of needy tertiaries. (24)

Modena.

In 1248 there was in operation at Modena a charitable work called "The Dinner table of the Poor" carried on with their own means and labor by the penitents of St. Francis. (25)

Genoa.

At Genoa, the Fraticiscan penitents Fra Mainaldo and Fra Rolando, respectively in 1270 and 1293, invested their goods in the foundation of two distinct institutions of mercy for the sick and for the disinherited. (26)
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(23) Cf. D.RANDO, Laicus religiosus "tra strurre civile ed ecclesiastiche: l'ospedale di Ognissanti in Treviso (sec.XIII), cit., pp. 47-75.
(24) Cf. State Archives of Padua, Diplomatico, part. 6894; A. RIGON, l penitenti di s. Francesco a Padova nel XIV e XV secolo, in VARI, II itiovimetito fraticescatio delta petiitetiza nella societa medioevale, Rome 1980, pp. 293-295.
(25) Cf. F.da MARETO, L'orditiefraticescatie delta petzitenza a Parma, Fidenza, Piacenza e Modena, in VARI, II movinielitofrancescano delta peititetiza tiella societa niedioevale, cit., p. 320.
(26) Cf. A.FERRETTO, Ospedali e pellegrinaggi nel medioevo, in II cittadino Genova 20.19.28.

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Even individual penitents, moved by the spirit of evangelical charity after the example of St. Francis "thesaurizant bona sua" assigning their economic resources for the benefit of initiatives "pro infirmis et pauperibus. (27)

Bologna.

In Bologna, in 1272, the brothers of penance using their own funds purchased a hospice "ut hospitarent infirmos et pauperes Christi."  (28)

Not only do we find the fraternities engaged in placing their funds at the service of the needy but as mentioned individual penitents as well. So that in 1277 a certain Bonrecobro left 12 bolognese pounds so that the " fratres penitentie haberent domum in qua starent ...... et hospitarent pauperes Christi et fierent ibi opera misericordie." (29)  A document from 1280 tells how Martino di Ugolino arranged that "domus sua .... deveniat ad universitatem fratrum de penitentia civitatis Bononie pro ospitando ibi pauperes Christi." (30) And, in 1284 a certain Giacomo donated 6 bolonese pounds "fratribus tertii ordinis pro uno lecto." (31) In 1288, Benincasa left "C. sol. bon. pro uno lecto ubi ospitentur pauperes. " (32) In the year 1300 Giacomo di Canzano donated a substantial amount of goods to to "fratres penitentie de Bononia qui pro tempore fuerint, convertenda in fatiendo unum hospitale quod sit ad usum pauperum. (33) In the course of September of that same year, Giacomina di Bonagrazia left 50 bolonese pounds "ospitali novo .... ita ut peregrini et infirmi homines hospitentur ibi amore Dei. (34)

Milan.

On June 7th, 1290 in his testament, the Milanese penitent "Frater Paxius" left his goods for charitable works assigning them to 31 hospitals to care for the poor and the sick. (35)

On the other hand, some additional donations made out in wills in the 14th century at the Convent di S. Francesco Grande of Milan are for the Penitents of the Third Order and not directly designated for specific charities.(36) From these acts of donation, motives of thanksgiving or devotion, or at least the desire to collaborate with the brothers in carrying out their
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(27) Cf. L. TEMPERINI, II penitente francescano nella societa e nella chiesa nei secoli XIII-XIV, in VARI, La "Supra Montem" di Nicholas IV (1289): generi e diffusione di una regola, Rome 1989, pp. 366-367.
(28) Cf. o.c., p.360, nt 164.
(29) Cf. B.GIORDANI, Acta francescana e tabulariis bonomiensibus  deprompta, in AF IX (1927) n. 1214.
(30) Cf. B.GIORDANI, o.c., n.219.
(31) Cf. B.GIORDANI, o.c., n.294.
(32) Cf. B.GIORDANI, o.c., n.1318.
(33) Cf. B.GIORDANI, o.c., n.1542.
(34) Cf. B.GIORDANI, o.c., n.1087.
(35) Cf. M.PIA ALBERZONI, Penitenti e terziari a Milano fino agli inizi d el XIV secolo, in VARI, Prime manifestazioni (di vita comunitaria maschile e femminile  nel movimento francescano della peniteniza, Roma 1992, pp. 220-228.
(36) Cf. T.GARBERI, II Terz'Ordine francescano nei secoli XIV e XV a Milano, in An TOR 19 (1986) 43-75.

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charitable activities are clearly expressed. And we note that in this Convent "conveniunt fratres ordinis penitentie. (37)

Meanwhile, we should note that the terminology has become much clearer and leaves no doubt (as to the Franciscan identity of the penitent fraternities). The tertiary Martino Verri, in his testament of August 27, 1351 made out in favor of his Order, describes himself as a "frater ordinis penitentie, qui apellantur fratres tertii ordinis sancti Francisci." (38) Further, the beneficiaries of his testament are specifically identified: "ministri et fratres ordinis fratrum ordinis penitentie, que appellantur fratres tertii ordinis sancti Francisci Mediolani." (39)

Among the benefiaries of the testament of Giovanni de Yspera, dated October 10, 1361, are listed the "frates de penitentia tertii ordinis s. Francisci Mediolani. " (40)

Donations "ad manus" through inheritances increased during the course of the 14th and first half of the 15th century. (41) These personal properties and lands bequeathed by some ternaries permitted the brothers of penance of Milan to carry out various charitable activities. Which works were they and their dates? It is not easy to delineate the type of benficient activities for the relief of the needy even though we have some valuable indications. Often the chronology is vague. However, considering that the Third Order is found in Milan in the 13th century and is estimated as having an organized fraternity by the start of the 14th with a steady availability of economic resources, one can suppose some charitable activities from an early date. Zanoni believes that he can identify a certain charitable work at the beginning of the 15th century (42) based on a legal paper of May 9,1422. A document of February 10, 1429 seems to furnish very convincing indications about the charitable services developed by the Penitents . (43) Although not very precise, the charitable intention is implicit in a will of the tertiary Faustino de Azargo. In a will probated May 29, 1436 he left a bequest to the Third Order with this precise intention: to provide for the needy, turning the money into bread for the poor.  (44) On December 12, 1442 the Milanese merchant Martino della Gazzada, having entered the Third Order the previous year and already elected Minister, gave to the Fraternity a house with surrounding fields to sustain the works of mercy. (45)

(37) Cf. T. GARBERI, o.c., 44.
(38) Cf. o.c., 46.
(39) Cf. o.c., 47
(40) Cf. o.c., 47
(41) Cf. o.c., 48s.
(42) Cf. o.c., B. ZANONI, II Terz Ordine dei Frati Minori in Lombardia, Milano 1949, p. 15.
(43) Cf. T. GARBERI, o.c., 49
(44) Cf. o.c., 49.
(45) Cf. Donazione del dicembre 1442; A. NOTO, Origine del luogo pio della carita, Milano 1962, p. 10; A.NOTO, Gli amici dei poveri a Milano, Milano 1968, p. 76.

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 Twenty one donations were given for the operation of a very well organized and effective charitable activity set up in a spacious building at Porta Nova, itself a gift, having been donated by the ducal physician Felippo Pellizzari. (46)

On December 12, 1442 a large collection taken up among the tertiaries and faithful was received by the Fraternity of Penance to be used for charitable purposes.

Noto refers to 12 other such gifts to the association of ternaries made in the same year of 1442 according to items found in the ledger of the Third Order fraternity. (47)

And on the same date of December 12, 1442 another 8 tertiaries, before the same Notary, made a substantial donation of money to the brothers of the Third Order as a contribution for services to the poor. (48)

In 1451 we have copies of 11 documents in favor of the Third Order.

From a testament probated August 31,1451 by Isabella and Giovanni Castiglioni, stricken by the plague, it appears that in that period a plague was raging and that many tertiaries had given their energies and means to serve those stricken. (49)

Among the charitable services rendered by the Milanese Tertiaries in the 15th century one finds the daily distribution of alms in the "consorzio della penitenza" and at the door of the churches.

In the documents for the taking up of a collection or of signing a will, the ternaries often put in the phrase that such goods and their revenues were destined to be used "pro pauperibus, whether in the form of alms or providing food and clothing. (50)

From some other testaments it appears that the customary charitable assistance by the penitents found new forms. Some Tertiaries gave their goods and deprived themselves so that the fraternity could distribute thousands of bundles of firewood to the needy, provide clothing for poor women and dowries for girls of marrigeable age, provide bread for the imprisoned and outfit 24 poor people each year, etc. (51)

The Tertiaries in making their wills, ensured a continual assistance to the poor by often requiring the insertion of a clause that the property could not be sold. (52) It is also important to note that some tertiaries deprived themselves of their own possessions to contribute to the
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(46) A.NOTO, Gli amici ... p. 87; T.GARBERI, o.c., 50-51
(47) A.NOTO, Gli amici ... p. 78; T.GARBERI, o.c., 51.
(48) Donazione del 12 dicembre 1442: Arch.IPAB, Luogo pio della   carita forigine-fondazione 779
(49) Cf. T.GARBERI, 53-54
(50) Cf. o.c., p. 54.
(51) Cf. o.c., p. 55.
(52) Cf. o.c., p. 57.

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support of the Friars Minor (53) and of the Sisters of Penance then in the process of organizing themselves." The evolution of society, the change of mentality of the humanistic period, the interference of the Friars Minor brought about a radical change in the Center of Penitents and their associated works. The Center of the Third Order took the name: (54) Luogo pio della carita" (1476) and all the successive legal testaments were drawn up under this title. There are no further traces of the Franciscan Penitents after this date.

Rome.

The activities of the Penitents of St. Francis in the area of Rome have already been treated in another place with special attention to the aspect of community life. It is noteworthy that as some fraternities evolved into a the status of "regular" communities, poverty was understood and practiced, above all, in the light of service to the needy. The Tertiaries Regular of Rome, in complete harmony with their secular roots, devoted themselves to alleviate the numerous needs of the poor of the city (55) and they dedicated themselves to all intense charitable activity. They helped "poor orphaned children," (56) educated girls and foundlings, (57) and sheltered without cost pilgrims and the sick, and assisted boarders at hospices, ran hospitals for women and provided for impoverished spinsters. The "conservatorio di S. Eufemia" at the Forum of Trajan maintained some 400 needy girls. (58) Within the area of Rome we know from the Catalogo Torinese (1317-39) that at the start of the 14th century there were in the Eternal city some 50 hospitals and asylums for the sick, the poor and pilgrims) with 97 charitable volunteers. (59)

Ferrara.

Turning again to the north of the Italian penisular. On February 1, 1331 a Franciscan penitent, Giovanni Vernaccia founded the Hospital of St. Geminiano "de bonis et facultatibus propriis, ac aliis sibi ex fidelium largitione quesitis. " (60) And although this generous tertiary had used his personal properties for this deserving work, still he committed himself to render an account to the Bishop on the operation of the hospital.

A document dated April 10, 1383 reveals that the Franciscan penitent Vivaldo de' Vivaldi had built at his own expense a hospital at Pontelagoscuro to care for the aged and pilgrims. He donated the hospital to the Confraternity of St. John the Baptist at Ferrara. (61)
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(53) Cf. o.c., 57-58.
(54) Cf. o.c., 65-70
(55) L. Temperini, Fenomeni di vita comunitaria tra i penitenti francescani in Roma e ditorni in Prime manifestazione di vita comunitaria ... cit., p. 632
(56) Cf. o.c., p. 632.
(57) Cf. o.c., p. 636
(58) Cf. o.c., p. 630-645
(59) Cf. o.c., p. 630-645
(60) Cf. o.c., p. 603
(61) Archivio arcivescovile di Ferrara, cat. B, c.48r.

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Verona.

In 1334, Antonio Caliaro established at his own expense a hospital and gave it to the "frati del scuezzollo del terzo ordine di santo Francesco" because they cared for the sick. (62)

Again, at Verona, in 1342, a fraternity of Franciscan penitents bought from their own funds some property to construct a hospital for the sick and pilgrims. (63)

Brescia.

In 1335, "frater Jacobinus, confrater de penitential established a hospital for the sick and for pilgrims, and confided its operation to a fraternity, probably of franciscan ternaries. (64)

Vicenza.

In a document notarized September 8, 1370 Fra Parisio donated money and properties to the local Hospital of S. Francesco, founded by the penitent Fra Domenico, (65) with the condition that "the brothers of that Order be obliged to maintain and enlarge the hospital and to seek alms for the relief of the poor and to do good works." (66)

Various other charitable works.

All through the centuries in different places the "poenitentes sancti Francisci" established at their own expense numerous charitable activities..... and they kept them going with their own   work and available funds. (67)

Throughout the 13th and 14th centuries researchers have identified more than 85 institutions of charitable relief. (68)

As far as what forms these works of mercy conducted by the Penitents of St. Francis took, we discover especially hospitals for the sick, hospices for the poor and travellers, "soup kitchens" for the poor, centers of relief for-the needy, services to the imprisoned, recovery of the abandoned, the care of the insane and those wounded in war, schools for girls and wayward children and finally houses for the redemption of prostitutes. (69)
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(62) Cf. A.SAMARITANI, L'ordo de poenitentia a Ferrara nei secoli XIII-XV, in AnTOR 12(1972) 390s.
(63) Cf. G. De Sandre GASPERINI, Per la storia dei penitenti a Verona nel secolo XIII. Primi contributi, in VARI, IL movimento francescano della penitenza nella societa medioevale, cit., pp. 279s; G.P. Pacini, Li battuti delscuezzolo a Verona nellacronocacinquecentesca del Perssana, in VARI. IL movimentofrancescano della penitenza nella societa medioevale, cit., pp. 227-228, 236-237
(64) Cf. G.P. PACINI, o.c., 231 and 241.
(65) Cf. C. VIOLANTE, La Chiesa bresciana nei medioevo, in Storia di Brescia, I. Brescia, 1965, pp. 1084 and 1101-1102
(66) Cf. BARBARANO, Historia ecclesiastica della citta, territorio e diocesi di Vicenza, V. Vicenza 1761, p. 297.
(67) G. P. PACINI Prime manifestazioni di vita communitaria tra i penitenti francescani nei vicentino, in VARI, Prime manifestazioni di vita communitaria maschile e femminile nei movimento francescano della penitenza, cit., pp. 242-243.
(68) Cf. L. TEMPERINI, IL penitente francescano nella societa e nella chiesa nei secoli XIII-XIV, in VARI. La "Supra montem" di Nicolo IV (1289): genesi e diffusione di una regola, cit., pp. 354f
(69) Cf. o.c., pp. 354-369

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3. Conclusion

The example of St. Francis, shaped by the Gospel, was contagious for the Franciscan penitents. From his youth. Francis "was concerned for the poor and helped them generously" (70) Scarcely having left the prison at Perugia he gave away his costly clothes to an impoverished knight. And this was not just an isolated episode. His first biographer underlined repeatedly how Francis "demonstrated his intense love for the poor" (71) and that "often he stripped himself to clothe the poor, whom he sought to resemble."   (72)

The story of his pilgrimage to Rome is typical with its direct experience of "conditio pauperum"  as Celano has handed it down.  (73) Francis, observed St. Bonaventure, "felt touched to the heart in front of the poor and the sick and when he had nothing to offer them, at least he offered them his affection. " (74) In the poor, Francis beheld the Image of Christ and so he placed himself completely at their service. (75) And he not only gave whatever he had but he provided for them in various ways and even bought what would be useful for the needy. (76) Because he overflowed with love for the poor, Francis did not limit himself to give away his mantle to clothe the needy but went so far as to pay the expense of a poor woman afflicted with eye problems. (77) And who could forget the story of his exquisite charity towards the robbers at Montecasale? (78)

The historic sources are rich with testimonies still full of meaning. Celano writes: "The Father of the poor, the poor Francis, conforming himself to the poor in all things, was grieved if he saw some one poorer than himself, not because he longed for vain glory but only from a feeling of compassion. (79) And so the disciples of the Poverello" should be glad to live among social outcasts, among the poor and the helpless, the sick and the lepers, and those who beg by the wayside." (80) The example of the Divine Master was always the determining motive for Francis. Christ, in fact, was poor, was a guest and lived on alms, He and the blessed Virgin and his disciples. (81)
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(70) Cf. l.c.
(7I) Cf. 2Cel 5.
(72) I Cel 17.
(73) 2 Cel 8.
(74) Cf. 2 Cel 8.
(75) LM 8,5.
(76) Cf. LM 8,5.
(77) Cf. 3S, 8.
(78) Cf. LP 52; SP 33.
(79) Cf. LP 90; SP 66; Fior 26.
(80) I Cel 76.
(81) I R 9,3.

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Having before their eyes such an example, no Franciscan should ever be ashamed of being poor or to serve the poor. (82) The candidate for the Franciscan life having completed the basic steps, "vendat omnia sua et ea omnia pauperibus studeat erogare. " (83) Although echoing the Benedictine Rule (cap.58), the arrangement implies a completely new meaning.

From his Testament of 1226 emerges the proof that for Francis of Assisi the "vita in penitenza," or conversion, begins with the "works of mercy" and vice-versa in a fruitful osmosis. There are no real works of mercy without an interior attitude of metanoia and there cannot be a sincere conversion without a generous service to our brothers. And certainly this is the teaching of the First Epistle of John, the Letter of St. James, and of many gospel passages. The encounter with the leper signalled for Francis the initial spark of the penitential life struck by the Spirit:

The Lord granted me, Brother Francis, to begin to do penance in this way: While I was in sin, it seemed very bitter to me to see lepers. And the Lord Himself led me among them and I had mercy upon them. And when I left them that which had seemed bitter to me was changed into sweetness of soul and body; and afterwards I lingered a little then I left the world. (84)

In the retrospective synthesis of his marvellous history of love, Francis polarized his own gospel experience around two words: conversion-lepers .... metanoia-to show compassion, to be with the lepers-to leave the world ..... to share the condition of complete minority was the beginning of a radical change. Having changed his sentiments, in parallel he changed his behaviour: first disgust for the lepers, then the embrace, first the flight from, then the service to. (85) The "fratres et sorores de penitentia" following the evangelical example of their Father St. Francis travelled along the same path.

Obviously, the exemplary witness of the ideas and deeds of St. Francis could not remain detached (from daily life.) There was not only the concrete example of his life always efficacious and stimulating but also the way of life drawn up for his penitents. The "First Letter to the Faithful Penitents" of 1215, the Magna Carta of the Franciscan Third Order, begins by recalling the twofold command to love God and Neighbour. (86) The "Second Letter to All the Faithful-Penitents" of 1221 forcefully confirms the essentials of a pluridimensional love, "non in verbis tantuni" but "in deeds and in truth. " (87) The ancient Rule, or Memoriale Propositi of 1221, welcomes this charitable spirit of Francis and states that each penitent give at least a common denario so that the Ministers of the fraternity would be able to provide for the needs of the poor (n.20) In addition it recommends some personal works of mercy, even if these be limited to the brothers and sisters of penance. The members of the Order were to dress simply, to practice fast and abstinence so as to be free and available for the service to their brethren (nn. 1-11,n.22f.) Furthermore, they should supply whatever is necessary and helpful for the sick (n.22)
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(82) I R 9,5.
(83) Cf. 1R 9,5; In his Last Will for the Clares(1226)Francis declared: "Ego, frater Franciscus parvulus, volo sequi vitam et paupertatem altissimi domini nostri Jesu Christi et ejus sanctissimae matris et perservare in ea usque in finem. Et, rogo vos, dominas meas, et consilium do vobis ut in ista sanctissima vita et paupertate semper vivatis" (FF 140).
(84) 1R 2,4.
(85) Test. 1-4; cf. also ICel 17.
(86) Cf. Frate Francesco a tutti i suoi fedeli, a cura di L.Temperini, ed.Franciscanurn,Roma 1987
(87)  FF 179-206

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The Rule of Nicholas IV (1289) recalls that biblical-gospel commandment to love which shows itself as a service and gift to one's brother. The Memoriale speaks of "doing the works of mercy" and also the Rule of Nicholas speaks of "performing works of mercy"(12,9). Each one, exhorts the Rule of Nicholas IV should give a denario or coin so that it can be returned to the poor and the sick for necessary or useful help (12,3-7). Living and dressing like the poor, fasting and abstaining with perserverance, the brothers and sisters of the Third Order could be attentive to the needy, while others were absorbed in the dizzy rhythm of a turbulent society.   (88) The Rule of Nicholas IV certainly confirmed the definitive shape of the Third Order of St. Francis which had matured over 80 years of experience within the Church: i.e., a profound conversion of heart and works of mercy performed with their own energy and personal goods. The "penitents of St. Francis" had learned that they must be poor in material things and rich in virtue, (89) not only so as to be confirmed to the Son of God made flesh, but especially to enrich their needy brethren by their own poverty. The example of their Divine Model Christ could not remain inefficacious: Christ made Himself poor so as to bind Himself to His fellowman and to cure their misery. (90)

The life of Francis, the Father and Teacher of his penitents, was certainly modelled after the figure of Christ. The Poverello looked to Him so as to be like Him in his feelings, in his itinerant mission, in his actions and in virtue, especially poverty. The embrace of the leper and service to the poor would be a privileged kindness. Living in the world, the Franciscan penitents appreciated their material goods as a gift of God and they did not reject them. In the spirit of the early church (91) they understood that these goods were to be shared so that which St. James the Less, the cousin of Jesus and bishop of Jerusalem, decried did not come to pass: namely, that some live in abundance while others do not even have the basic necessities. (92)

The bond of love which arises from Faith itself and the living of the Gospel involves first of all the hard task of concern for our brothers and sisters in Christ. With the caution, obviously, that no man or woman can be excluded from our practice of Charity since every creature has the same common Father. This was the background for the development of the characteristic poverty of the Franciscan penitents. Perhaps, someone might observe that all this is not dealing with the "most high poverty" of ascetical value and mystical framework favored by some writers of the 13th and 14th centuries, Yet, it is, without any doubt, a poverty perfectly in harmony with the gospel, concrete and fruitful, an authentic incarnation of the commandment to love.

In conclusion, the Brothers and Sisters of Penance lived a functional poverty, motivated above all by an ardent charity, destined to be transformed into bread for the hungry, clothing for the naked, and alms and aid for the less fortunate, in relief for the lepers, the sick and the pilgrims. In our times it is absolutely necessary to keep in mind in our works of charity, the new forms of margination, the drama of loneliness, the folly of the world of drugs, the tragedy of alienated families, unemployment and exploitation on different levels, and even the serious poverty of faith and morals.
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(88) Cf. 2R 3, 5 and 8
(89) Cf. 2R 6,4
(90) Cf. Phil 2,5f
(91) Acts 2, 47-48: 4, 32-35.
(92) Cf. James  2, 1-26.

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I would wish for all of us that the testimony of these ancient Penitents of St. Francis would not remain something theoretical and irrelevant to our contemporary society and would not end up as merely a pleasant historical memory.

Author: Very Rev. Lino Temperini, T.O.R.

Translation: Fr. Seraphin Conley, T.O.R. February 16, 1990