The Rule obliges the abidication of the jus domini and the retention of the usus facti.

9. Nor by this, that one seems to have abdicated the property, use, and dominion of whatever thing, is one to be conjectured to have renounced the simple use of everything, who says not the usus juris but the usus facti in as much as having the name of "facti" it offers however in the using no right to those [so] using, nay even of necessary things as much as for the sustenance of life as for the execution of the duties of one's state, except that which is subjoined below regarding money, the moderate use according to their rule and all truth has been conceded to the friars; which things the friars can licitly use, during the license of the one conceding [them], and according to that which is contained in the present arrangement [of this document]. Nor is it discerned to resist these things that in human things civil providence humanely prevails, namely that it is not possible for use or usufruct to be separated from perpetual dominion; and lest the dominion of the owner always be rendered useless by surrendering its use, the one providing these things [should have] declared in [the act of] bestowing [them] only a temporary use. Since the retention of the dominion of such things, when by concession [their] use has been granted to the poor, is not unprofitable to the owner since it is meritorious for eternity and opportune to the profession of the poor, which as much as it is judged more useful for himself, so much more that he exchange temporal for eternal things. Next [whether or not] this was the intention of the confessor of Christ in instituting the rule; nay rather he wrote the contrary in it, he observed the contrary in living [it]; since even he himself was for the necessity of using temporal things and manifests in many places in the rule that such a use is lawful for the friars: for he says in the rule that the clerics should recite the divine office, for which the can have breviaries: from this insinuating openly, that the friars would be having the use of [those] breviaries and books, which might be opportune for the [recitation] of the divine office; also in another chapter it is said that the ministers and custodes for the necessities of the infirm and for the clothing of the other friars may conduct a solicitous care by [means of] spiritual friends according to places and seasons and cold regions, as might seem to them to expedite necessity; even in another [place] exhorting the friars to avoid idleness by means of a fitting exercise of labor, he says, that they may receive for themselves and for their brothers [those things] necessary for the body as the wage for [their] labor; also in another chapter there is contained that the friars may go about confidently for alms. Even in the same rule it is had that in the preaching, which the friars do, their speech be examined and chaste for the utility and edification of the people by announcing to them vices and virtues, punishment and glory. But this proves that this supposes science; science requires study, the exercise of study truly cannot be normally had without the use of books: from which it is sufficiently clear to all [men] that from the rule the use of [those things] necessary for food, clothing, the divine worship and study of wisdom have been conceded to the friars.