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toto or sharing them in part, provided said possessors in whole or in part have not in such offering or cession reserved anything thereof to themselves. The brothers, however, are cautioned in any such transactions not to use terms that are incompatible with their state of life.
3 On the other hand, if the brothers at the pleasure of the benefactor are dwelling in places or houses still to be granted or offered by an individual or a group to the brothers as their place of abode, the brothers may live there only for the duration of the benefactor's pleasure. Should the benefactor change his mind and signify as much to the brothers, let them without demur relinquish the said places, except the church, oratories meant for church purposes, and the cemetery. These latter we do in like manner and with like authority accept, both present and future, as the right and property of ourselves and the said Roman Church.
However, in regards to the ownership and the proprietary right of the said places themselves we are retaining nothing whatsoever for ourselves or the said Roman Church, unless they are accepted with the explicit consent of ourselves or the said Roman Church. Whenever the benefactor in extending his favor has reserved the ownership of such places to himself, such ownership shall not pass over into the right of the said oft-mentioned Church by reason of the brothers residing therein, but rather it shall remain fully and without reserve with the benefactor.
Article 5: Restrictions on Use
1 Now, as stated above, the brothers may not have an unlimited use of things. Therefore, they are to accept neither utensils nor anything else allowed them for their [physical] needs and for discharging the duties of their state in life, to the point of any excess, wealth or abundance derogatory to poverty,a or to the extent of accumulating stores thereof, or with the purpose of conveying or selling them, whether under the pretext of providing for the future or under any other allegation. On the contrary, everything they have must reflect complete renunciation of ownership and necessity as to use.
- Nicholas III warns the brothers that their renunciation of ownership implies a restricted use of things. They are to avoid any semblance of affluence. This is in line with Bonaventure's teaching in his encyclical letters, e,g., his letter of 1266: "The way we live ought to be in harmony with the high profession we have made. For it is truly a filthy, base lie for someone to claim to have voluntarily professed the highest poverty if he is not willing to put up with want, who at home enjoys the affluence of the rich and yet goes out to beg as poor people do." Works of St. Bonaventure, Vol. 5: Writings concerning the Franciscan Order, trans. Dominic Monti (St. Bonaventure, NY: Franciscan Institute Publications,1994), 228. Olivi would later appeal to this article of Exiit as supporting his doctrine of "poor use."