[Decisiones rotae Romanae]

held unless they are requested, as noted by the Archdeacon in the chapter 1, section Tertio, book 6; therefore the debtor will not be condemned except from the time of the petition, although it may seem to make to the contrary, because tithes are owed by natural and divine law, and one cannot claim ignorance that such tithes are owed, and thus without petition they ought to be offered, because the debtor ought to bring the debt to the house of the creditor without petition, as noted by Innocent IV in the chapter Significasti, on pledges, from the item 1, Julianus, section Offerri, on the action of buying and selling. Do that which is read by note in the chapter Quaestio and the chapter Reueramini, 16, question 1. And see the modern [commentators] in the chapter Bis periolam, section Judicium, in the Clementines, extra on what actions are requested, note well in the chapter Cum in tua, of the same title.

On appeals. 26.

Note that the judge from whom one appeals can do a favor to the party in waiting for them, provided however that the jurisdiction lasts, as noted in the chapter Quamuis, above under the word Opetenem [implied: oportentem or similar], on elections, book 6, to which makes the chapter Consuluit, on the office of the delegate. To whom, however, does the proof fall when someone is said to be illegitimately born or is said to be a bad administrator? Say as noted in the chapter Si forte, above under the word Defectum, on elections, book 6.

On the concession, prebend, and collation of benefices. 27.

Note that where a benefice is in commendam, such a benefice is not said to be vacant for the purpose of being curated by those to whom the collation pertains, as noted in the chapter Nemo, on elections, book 6. Item, it is of a benefice that is said to be from the mensa, or united to the mensa, as noted by Johannes Andreae in the chapter Quia regulares, above under the word De mensa, on the supplement of neglected matters, and the chapter Frequens, above under the word Ad mensam, on the excesses of prelates, and in the Clementines, in the chapter Vni, section Concessio, section Qua materia, see fully there by the Archdeacon and Johannes Andreae in the gloss, and better by Innocent IV in the chapter Constitutum, on accusations and hosts, in the chapter Dudum, note on elections.

On appeals. 28.

Note that the chapter Statuimus, on elections, book 6, has a place whether one appeals from a position made or to be made, and in the said chapter Vt circa, note by the Archdeacon under the word Facta. However, there is a difference that the chapter Statuimus precedes whether it be made in judgment or outside, as noted in the aforementioned chapter, under the word Impugnat. However, Constitutum regarding Vt circa does not have a place except in extrajudicial [matters], as the chapter Constitutio, on elections, book 6, because then the solemnity of that chapter ought to be observed. Otherwise, if it is in a judicial matter, it does not have to observe that solemnity, and vice versa. 41.

On prebends and dispensations. 29.

Note that a bishop can dispense so that someone may hold two parochial churches or two dignities in the same church, and this on account of necessity or the utility of the church; otherwise he could not, as noted by

the Archdeacon in the chapter 1, on custom, book 6. Whether, however, he can dispense so that one may hold a curated benefice at 25 years [of age], say as noted in the chapter Licet, above under the word Carere, on elections, by the Archdeacon. This is true according to Innocent IV and others. If one does not stand by this opinion, even on account of the prerogative of merits or from any other cause, according to Johannes Andreae in the said chapter Licet, since only the Pope can dispense in this, according to the chapter De multa, on prebends, according to Johannes Andreae.

On prebends. 30.

Note that where someone is received as a canon, from then on he has an action for a prebend that later becomes vacant, if another does not precede, but however he does not have a right in the prebend unless it is assigned to him, regarding which say as in the chapter Tibi qui, on restitution of goods, book 6, by the Archdeacon.

On the sentence of excommunication. 31.

Note that where someone is excommunicated and is summoned upon that for which he is excommunicated, he is not held to answer until he is absolved, provided only that he shows that he was unjustly excommunicated, as noted in the chapter Cum multorum, in the first gloss, on exceptions.

On proctors. 32.

Note that where a proctor is given for causes to be conducted in the curia, and generally for all, he ought to protest that he does not intend to receive the procuratorial [mandate] except for certain causes or articles, provided that he was given universally, as noted by Johannes Andreae in the chapter, above under the word Praestat, on proctors, in the Clementines, although some of the auditors may wish to say that when a proctor is given universally, the proctor is not heard if he wishes to restrict himself to [the fact] that he is a proctor to petition and to contradict, so that calumnies are obviated, because he ought to accept in total or reject, according to those things that are held in the law Etiam, Code on repudation, so that causes are more quickly expedited. For this, make [use of] what is noted by the Archdeacon in the chapter 2, in the great gloss, at the end, on proctors, book 6.

On the vacancy of benefices. 33.

Note that a benefice is seen to be vacant where a resignation has been made, or where there was someone who held the benefice, of which [speak] by the Archdeacon in the chapter Si electio, above under the word Ex eo, on elections, by the chapter Commissa, above under the word Pacifica, on the title, and in the chapter Licet, in the great gloss, on prebends, in the said chapter 1, on pending litigation, in the Clementines, where [it treats] of this. And see the third, 86.

On expectatives and acceptances. 34.

Note that where the petitioner has not accepted the benefice that was called within the month, the month having elapsed, he can still accept the vacant benefice