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 given[20] 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.