¶ Ancient Conclusions or Decisions of the Lords Auditors of the Rota.

¶ On the restitution of the despoiled. Rubric.

First, that a monk who has an administration or office that is removable at the will of the abbot is not entitled to restitution, nor to any remedy in a case of the restitution of possession against his own abbot. This is held by Innocent original: "Innocentius IV" in the chapter Olim original: "c. olim", under the word restitution, in the last opinion, on accusations original: "de accusationibus", regarding those who are despoiled, and those inquiring against the abbot whom the monk himself was pursuing. Thus, Innocent IV here, in the aforementioned place, in the last opinion, on accusations. Nor do we follow the opinion of the same author placed in the chapter Insinuate original: "c. insinuate", regarding clerics, book 5, around which there is some doubt, as does the Archdeacon original: "Archidiaconus" in the chapter Presenti original: "c. pn̄ti", on the office of the ordinary, book 6. And I understood this to be true, when a prior or a monk having such an administration removable at will is removed by the abbot. It is different if he were despoiled by an outsider, for then restitution would be due to him. Because when someone is said to possess precariously, in doubt with respect to an outsider, possession is considered to exist, because in a precarious holding, in doubt, possession is transferred (Digest, on precarious holding, law Rebus, section Him who, and there Innocent IV). And this is like a servant to whom restitution of possession would be due (chapter If by force, or by another method, law final, whoever the law, refers to the Civil Law). However, against the abbot from whom such a monk has his office, he does not have restitution (argument from the law If anyone of hiring, code on location), but hold the contrary against an outsider, as in the law Whoever precariously, Digest on precarious holding. See decision 359 and 438. And religious men in cases in which they can act can appoint proctors; see the aforementioned decision 18.

¶ On the sentence and the execution of a thing adjudged. Rubric 2.

Note that one who opposes the execution of a sentence, whether in beneficial cases or others, if it concerns him, is heard, as noted by Innocent IV in the chapter Veniens, on witnesses, under the word to oppose and under the word maintaining, of which day, as there. And see the aforementioned decision 53 and 397.

¶ On a pending suit. 3.

Note that a successor to a benefice remains in the same state regarding the same acts and the cause as the principal, as is stated in the chapter If those against whom, on pending suits, book 6, and in the chapter 1, on the alienation of matters of judgment, when the case is done. Nor does the chapter Significavit, on rapine, obstruct this, as Innocent IV notes there, and the chapter Because, on judgments, regarding a son who survives a deceased father; distinguish whether the suit was contested with the father, and then a new libel is not required, as argued here (Digest on judgments, law So from contracts, joined with law More, Digest on the matter of the thing).

¶ On appeals. 4.

Note that a case of appeal is considered devolved to the Curia, regarding the appellant and those whom it concerns, when it is intimated in a public place, such as a cathedral church. But if it is intimated only to the party, it is devolved only regarding the party to whom it is intimated, of which day, as in the chapter Causa, on the election of clerics, under the word devolved, by Johannes Andreae original: "Io. an.", arguing from the law final, on the same, Digest on the sale of things, because each one is presumed ignorant, law Truer, Digest and proof, law Come, Digest on the petition of the heir, and law To have renounced, Digest on adultery; see the aforementioned decisions 8, 106, and 222. And how far a profane case is said to be devolved to the Curia, see the aforementioned decisions 59, 248, 377, 387, 391, 537, 535, and 758.

¶ Note that where an appeal. 5.

And the auditor referring to what is requested in a case of appeal only has to pronounce that he is not the judge. Because if the suit of the appeal is pursued, the first sentence does not therefore pass into a thing adjudged, in the chapter If an appeal, on appeals, in the Clementines original: "in cle.", and it seems to be noted by the gloss in the law Those, in the beginning, Code on appeals. And the papal style holds that the appealing party is cited only to testify to their diligence in pursuing it; if they do not testify, it must be expedited, as it only excludes the lapse of time, as noted in the chapter For the most part, on the same, joined with law final, Code on the time of appeal.

¶ On a thing adjudged and appeal. 6.

Note that where an appeal is made against a sentence passed in the Curia, and it is delayed by the one against whom they were given, if the sentences are executed against the successor instructed by the ordinary, and he appeals, provided that the appeal is not considered devolved due to his default, nevertheless, because of the primary sentences, the auditor has to take cognizance of the appeal, since it does not appear that a new case is being introduced, but that what was done before is being brought to execution and what was previously done is being declared. Therefore, something else is observed than if the case were introduced anew, which is sufficiently noted in the law Heirs openly, section 1, Digest on testaments. This is a consequence of the law Howeversoever, Digest on the interdict, otherwise suits would be immortal; for which, the chapter Auditor, on the same, in the Clementines, and the chapter Often, on the restitution of the despoiled. See decision 4 and the aforementioned decision 102.

¶ On the restitution of the despoiled. 7.

Note that where it is litigated in a possessory judgment in a beneficial case, and the objection is raised regarding the notoriety of the lack of right of the one acting, restitution is hindered, of which, the chapter From tithes, on the restitution of the despoiled, book 6, as noted by Innocent IV in the chapter Constitutus, on the faith of presbyters, and by Speculator original: "spe." in the title on petitions and prescriptions; and because it was said above, it would seem otherwise in a profane thing, argument noted in the law final, Digest on force.