[Decisiones rotae Romanae]

Constitutus, by Innocent, on the sons of priests, and Spe. Note that the exception of a matter adjudged, from which there was no appeal, impedes restitution, in the title on possession, and regarding per 1, 23, judge. Note in the question 1, in the sum, because one ought to presume for the sentence from which there was no appeal, on note 1, M. in the chapter Quam contra fallacia, concerning which see the note by Dynus, on the rules of law, Qui ad agendum, book 6.

On compulsory processes. 47.

Note: where a compulsory process for proving instruments is granted by the auditor, it can proceed without the opposing party being cited, because even in a part in life, a compulsory process can be granted; therefore, not vacated, by argument of the law Si eum, at the end, Digest on wheat, book 2. Assuming that in the compulsory process it is not put [that] the party is cited, namely a compulsory process, especially if the party was present in the court [against] whom the compulsory process was granted, the matter of proof ought not to be restricted but amplified, as law Quam debere, note 1, all notes, 1, decision 390.

On remissions. 48.

Note that where an actor has given articles and a remission was decreed for him to the regions to be served with interrogatories for the expenses of the courts, the defendant has nothing to pay. And this is if the actor was only going to spend by the remission of his articles as much as is [provided]. Assuming that the defendant's interrogatories are carried, otherwise, however, the defendant must share in the expenses, by argument of the law Ex parte, Digest on family inheritance, 1, chapter Presentium, on witnesses.

On rescripts. 49.

Note that where one must have a benefice, he obtains two graces from the Pope and has used the second and not the first; if he should succeed in the second grace, he can use the first, because these graces are not contrary, although they are diverse and tending to the same effect. Therefore, one being accepted does not exclude [one] from the other, Digest on liberty, law Aurelius, section Si, title on institution, law Habebat, 1, Codex on the office, title, law Eum qui, Digest on things, law In delis entis, section Sed si detracta, although a thing may be owed from many causes, yet the acquisition of ownership does not receive a multiplication of titles, law 2, and Codex Miser dilectum, on the trustworthiness of instruments, joined with law Nemo pluribus, Digest on the rules of law. Do what is noted in chapter 3, in the great gloss, Digest on things seen, law 6, and chapter Si a iudice, great gloss, on appeals, 1, book. Johannes Andreae understands this to be true in the chapter In nostra, in the beginning, if they were impetrated under the same date, otherwise if under diverse dates and times. See decision 180.

On appeals and the desertion of an appeal. 50.

Note that an auditor given in a case of appeal can take cognizance of desertion and can decree the appeal to be deserted. To which makes law 2, section Ic, when there, note, Codex on episcopal appeals.

On the actor and the cession of action. 51.

Note that he to whom a cession of action has been made, when he demands the action ceded to him, does not have to provide caution to the debtor against whom he acts, contrary to the one ceding the action. And the reason is because the cessionary, from his own person, since the cession has been made, has a useful action by his own right, as Digest on family inheritance, law Plane. And he is made a procurator in his own matter by his own right, as in law 3, Codex on novation, joined with the note in law Ex conventione, on pacts. It is not therefore a wonder if he is not appealed to provide caution, especially if he is prepared to hand over the original instrument to the debtor. Yet this was the whole opinion, although one might live to the contrary, because otherwise caution is provided to him who in doing so fears a controversy to be moved against him in the future. Assuming that by law a controversy cannot be made for him, as law Cum item, when there, note, Digest on petitioning for inheritance, 1. It is otherwise in matters where caution is provided by a contumacious person through a continuous [process], as law Si conar, in the beginning, Digest on donations between husband and wife. In this, it is not a wonder if the cessionary to the debtor fearing a controversy to be moved against him has to provide caution that the instrument does not harm him and is profitable to others, or if he is present, [the cessionary] can be cited if he wishes to say or allege a reasonable cause why payment should not be made to the cessionary, as law Si co tempore.

On expectations and acceptations. 52.

Note that where there are two expecting under diverse dates with the power of accepting benefices reserved; if one of them has accepted a benefice within the month due to the first in date, his acceptation is not valid, nor the provision, provided that the first in grace has subsequently accepted within the month, even if he had considered it abandoned, in such a way that if the Pope offers a benefice vacant as if reserved, the collation of the Pope is preferred and prevails over the acceptation of the second impetrator. And the reason can be because the second impetrator, as long as he was waiting, since the first impetrator could not have himself provided, nor was his acceptation effective; therefore, assuming that the first omitted the grace, the act which was valid afterward does not become valid by the second, by argument of law Si servus, Digest on those who may, law 1, section Illud, Digest on whose, title. To which makes note by Ioannes Monachus in the chapter Statuemus, on prebends, book 6, to which makes Presentium, with the notes there, and by Johannes Andreae, on the title, Digest on the law 1, law Plane, in the beginning, although some might hold the contrary, to which law Si cum optione, on legacies, and law 2, Heres, on mandates, book 6, through which laws I alone held this part, although the decree placed by the first might appear to obstruct much, as in chapter Presentium, all, and see entirely 1, decision 316, and 422, and church, and see entirely the collection in chapter Ecclesia, 1, what if you are the first in date?