[Decisiones rotae Romanae]

and force, argument from the law Possession, Digest on judgments, and noted by Dynus original: "dy." in the rule Who to act, on the rule of law, book 6, with the final, for which the chapter Lator, and the chapter Consanguinei, on things adjudged, and that it is not noted in the chapter That as, on elections. Even in a reserved benefice, the despoiled person is restored, because reservation prevents such a person from being said to have possession, and thus it is noted by Innocent IV in the chapter Venerabili, on appeals, and thus it is observed, and on elections, If at that time, book 6; see below decisions 56, 385, and 371.

¶ On citations. 8.

Note that when a case is devolved by appeal to the Curia, the three or four citations that are made by the auditory are not of the substance of the case, but only for the sake of being, as noted by the Archdeacon, chapter 1, under the word on the right, on elections, book 6, because the devolution has the force of a citation, in the Clementines Causam, on elections, and the chapter Often, on appeals, and on renunciation the chapter Veniens; see the aforementioned decision 3.

¶ On proofs. 9.

Note that after it is closed in a case, proof is not received even through instruments, especially in a profane case, as in the chapter When the beloved, on the faith of instruments, with what is noted there, by Innocent IV in the chapter Pastoralis, under the word concluded, on causes of possession. However, in a beneficial case, according to some, proof will be admitted through instruments, as Hostiensis original: "hosti." seems to say in the chapter To the petition, on accusations, the chapter Lator, and the chapter Consanguinei, on things adjudged, and that renunciation is not necessary, as in the Clementines Often, on the signification of words, and after the conclusion, witnesses can be received in the merits of the case; see the aforementioned decision 369.

¶ On prescriptions. 10.

Note that a parish church or a hospital can, by custom, prescribe the rights of another parish, and they can offer ecclesiastical sacraments, of which, speak as in the Clementines What happens, on religious houses, the end, with what is noted there, and the chapter Religious, on privileges, and as noted by Johannes Monachus original: "Jo. mo." in the chapter When the person, same title, book 6, of which see Oldradus original: "oldra." in Allegans fuis, who holds the same.

¶ On the restitution of the despoiled. 11.

Note that just as in the spoliation of corporeal things, deceit is required, so in the spoliation of incorporeal things. And to this it follows that one who is held to a certain pension and, for some reasons, does not pay it in the past, but is prepared to pay, such a one is not seen to despoil, as noted by Innocent IV in the chapter Querelam, under the word subtraction, on elections. Similarly in such a case, one who says he is despoiled of a past pension, it is necessary that he is called by his right before the past pension is adjudged to him, because in this case such possession cannot be separated from the petitory, because possession in such incorporeal things cannot be had without the right (Digest on the journey, act, etc., law 3, section This, however, and what is led, etc., law 1, with what is noted there, and in the chapter From the transmitted, on the restitution of the despoiled, of which it is noted by Innocent IV, on servants not ordered, chapter Of the servants, with these things being conjoined; in this case, acknowledging one, it is necessary that the other is acknowledged, as is said in the similar [text] outside, on the vows of between men and women, chapter Of prudence, with what is noted there by Innocent IV, joined with the law As often, Code on judgments).

¶ On appeals. 12.

Note that where an appeal is made outside of court, intimation has to be made to the party themselves through a proctor, as it seems to be noted by Johannes Andreae in the chapter Causam, on elections, around the beginning, in the Clementines Although, against [the view that] it is avoided. Because provided that the appeal ought to be made through a proctor, then intimation is sufficient if it is made through anyone, because by intimation nothing new is acquired, but what was acquired is amplified and brought to effect. Therefore it is no wonder if through any person such an exercise of intimation can be fulfilled, as is said in the similar [text] (Digest on use, if anyone for payment, in the end, and law 3, on the showing of petitions, joined with law To forbid, that seen secretly, through this, law Also come, section Petition, on petitions). Here [is] the first opinion, yet I heard it that it wants to be determined in the Rota.

¶ On proctors. 13.

Note that acts done by a non-proctor can be ratified, especially if the lord knows that the non-proctor is ventilating the case, as noted by Innocent IV in the chapter On the part, on the revocation of powers. And this is true that a process held before a sentence can be ratified, but a sentence having been passed, the lord cannot ratify a null process to the prejudice of himself, not, however, to the prejudice of the party; here it is understood (law Although, with what is noted there, Digest on the oath, for this, what is noted in the law Guardian, Code with which cases restitution in full is not necessary). And there is a reason why after the sentence he cannot, because before [it] it can be ratified indistinctly, because before the sentence it is uncertain whether the process is in favor of the ratifier or not, and whether the ratification is to the prejudice of the party or not, and thus in doubt it is worth the ratification before the sentence, but after, not to the prejudice of the party, as in the laws above alleged, for which [it] makes what is noted in the chapter Cum, with the notes there, and Johannes Andreae, on the office of the delegate, Prudence, gloss 2. And see the aforementioned decisions 142, 289, 148, and 586.

¶ On arbiters. 14.

Note that if an arbitration or a compromise is homologated, and the judge is an implementer and it is in form such that the party comes against the compromise, with the clause that the judge can take cognizance of the compromise, with emergencies and incidents, that if it appears to the judge that the party was disobedient, not only can he condemn the party that he should keep the compromise,