otherwise if the benefice were collated to another, regarding which say as by the Archdeacon in the chapter Dudum, on prebends, although the contrary is not, according to Johannes Andreae in the chapter 1, above under the word Infra mensem, on the concession of prebends, in the Clementines. And this last opinion is approved, the first question being reprobated by the superior. But the first is held by Paulus in the others, in Cum ei quem, and in the Clementines Si iuxta. But the executor will not be able to provide for him unless he accepts within the month on account of the form of the letters.

On faculties and nominations. 35.

Note that where a bishop has by privilege or custom that he can at his creation newly nominate one canon in any collegiate church, from the time he once nominated, and the nominee has accepted the grace, provided that the nominee has not yet attained peaceful possession, the bishop cannot nominate another. According to the law Apud Aufidum, on the operation of law, and note by the Archdeacon in the chapter Cum multis, above under the word Expnat [implied: exponat], in the beginning, and the chapter Gratia, at the end, on the restitution of goods, book 6, although [one] may act against the chapter Si electio, on elections, book 6, and that it is not, [according to] the Archdeacon in the chapter Si compromissarius, above under the word Officio sui. But the chapter Si electio does not obstruct, because there, from the election alone, right is not immediately attributed in elective dignities; it is otherwise in simple benefices, as in the chapter Si tibi absenti, on prebends, with the note there throughout, book 6. For the first part, make [use of] the note by Innocent IV in the chapter Cum Bartolus, above under the word Ipsum, on the matter adjudged.

On the cause of possession and ownership. 36.

Note that where someone is in possession of some benefice, although a lawsuit is moved against him regarding the benefice, he is seen nonetheless to have peaceful possession, because for this, that someone may be seen to have peaceful possession, it suffices that he possesses in fact, although a controversy may be moved against him regarding the right, as noted by Innocent IV in the chapter Constitutis, on appeals, and by the Archdeacon in the chapter Licet canon, above under the word Pacifica, on elections, book 6, to which makes the law Sciendum, section Si fundus, in the Digest on who gives security, etc. Because, although it may seem to the contrary, in the law Lucius, section Tres, on Trebellian [senatus consultum]. But for the first part, make [use of] that civil interruption does not change possession, as in the law Inter, on divisions and temporary possession; to the contrary, make the notes in the chapter Omissa, above under the word Pacifica, on elections, book 6. For the first part, it is good to make [use of] what is noted there by the same Archdeacon in the gloss, By yourself or another.

On prebends and the concession of prebends and on acceptances. 37.

Note that where there were two expecting by apostolic authority under this clause: "to the prebend which he shall decide to accept," if the first in the date omits to accept the first vacant prebend,

*

it does not prejudice him so that he cannot accept the second, nor in this case does the chapter Si clericus, on prebends, book 6, have a place, as it seems there, note by the Archdeacon under the word Quod iudex, and it seems note by Innocent IV in the chapter Mandatum, about the beginning, on the restitution of goods, and item if he has grace that he can accept a prebend of the church with a prebimonial [right] of one hundred [currency units], he is able to accept the prebend or prebimonial, and separately, and see the said decision 506.

On the right of patronage. 38.

Note that for a presentation, the time that is given to him to present does not run from the time of the vacancy of the benefice, not, however, from the time of the knowledge of the patron, as in the said chapter Cum ei qui, on the concession of prebends, in elections, because it is imputed to the patron if he did not dismiss proctors when he was absent, especially when he has to make a long absence, by the law [as stated in] Exempto eo qui, in the possession of the cause of the thing, in the Digest on legacies, law Euntem, with what is noted there, Iusta, law 1, section Diverso tempore, for the end, and this was the common opinion, although [someone] may have said the contrary by the chapter Quod diversitate, on the concession of prebends, which is not, according to Johannes Andreae in the other chapter Cum ei quem, at the end, which [is] not in the chapter Licet, on the supplement of neglected matters, to which [makes] the law Item veniunt, section Petita, in the Digest on petition of inheritance. For the first part, make [use of] what is noted by the Archdeacon in the chapter Licet, above under the word Privatum, on elections, regarding which see the Archdeacon in the chapter Statutum, above under the word Vacauerit, on prebends, book 6. And see the said decision 546.

On acceptance and provision. 39.

Note that where the Pope provides to someone [with a] false cause alleged regarding a benefice to which someone was expecting by apostolic authority, [and] if the provision of the Pope does not hold, the expectant can accept such a benefice and have himself provided [for], because a thing [which is] done from a false cause does not affect the benefice. According to the law Iniuria, section Puteri, in the Digest to Carbo, joined to the law Licet, on the liberal arts, especially because such a petitioner was viewing by apostolic authority, and thus it does not obstruct the note of Innocent IV in the chapter Inter dilectos, on the excesses of prelates, [and] the chapter Vt nostrum, on appeals, and the chapter Pastoralis, section Praeterea, on the office of the delegate, although some may wish to say to the contrary, because although as regards the petitioner the grace may be null, nonetheless not as regards the Pope who has put his hand, and he seems to have revoked all previous graces as regards that benefice, provided that the grace made secondarily was surreptitious. According to the law Si tamen fera, section Ad i, law, and the law Plane, in the beginning, of the same law. I believe the first is truer, by the chapter Ex parte, on the office and power of the delegate, and it is of prebends in the same chapter Cum de beneficio, book 6. This opinion is true, as the Lord Urban declared, and thus it was observed during his life, [to the effect] that it cannot be offered by another.

On proofs. 40.

Note [that] where the defendant is in possession, and says [the plaintiff is] not legitimately instituted, the proof lies upon the actor [plaintiff] that the defendant is not legitimately instituted, as