It came to the notice of the Lord Pope that the Pope writes on this matter to the Bishop of Trent, wishing to provide for the indemnification of churches; he decreed that such a constitution—that sales of ecclesiastical fiefs made without the lawful consent of the clergy—should have no force.

Note that a constitution made regarding church property by laymen is not valid.

Note that a fief cannot be sold without the will of the lord from whom it is held.

Since they had approached, etc.

Case. Certain canons of Toul once signified to the Lord Pope that the provostship original: "primiceriatus" of Toul had been vacant for such a long time that its collation had devolved to the Lord Pope. Whence the Pope ordered certain men that they should inquire into the truth of this matter, and if it had been vacant for such a time that, according to the Lateran Council, the collation had devolved to the Lord Pope, they should invest a suitable person with the provostship of the same. But when the executors wished to proceed on this matter, it was proposed on behalf of the chapter before them that the rescript was not valid because the truth had been suppressed, namely that it had been established by the common consent of the canons of Toul that that dignity should no longer exist in the church of Toul, and that same constitution had been confirmed by the Apostolic See. Because of this, it is clearly evident that the provostship had not been vacant for as long a time as had been falsely suggested to the Lord Pope. Because of this, the matter was carried to the Lord Pope, before whom all these things were proposed. Whence the Pope commands certain men that if it is established that the canons of Toul had collectively decreed that the provostship should no longer exist in the church of Toul, and that their statute had been confirmed by apostolic authority, they should cause that statute to remain in its full force, unless the said canons later contravened it by electing someone as provost.

Note that the provost original: "primiceria" is said to hold an office.

Note that by act.

One who acts against a privilege loses the force of the privilege, and thus note that right is lost through abuse.

Note that something changed is more easily reduced to its original state than it is changed.

Since Martin, etc.

Case. The canons of Ferrara, in order that they might abound in greater revenues, established the number of thirteen prebends in the church of Ferrara, beyond that which they commonly deputed for the common table, against the ancient custom of the church. Later, when a certain prebend was vacant in the same church, the canons, acting voluntarily against their own custom, received M. and his four companions, with no prebends assigned to them. And although their revenues had been very much augmented, they nevertheless did not wish to provide for them from the surplus revenues. For this reason, a question was raised regarding this between the said five and the chapter before the Bishop of Ferrara. Finally, the question was referred to the Apostolic See; before the Lord Pope all these things were proposed on behalf of those five, and on the contrary, it was proposed on behalf of the chapter that in the church of Ferrara the number of fourteen prebends had been established and confirmed by the Apostolic See. Finally, when one prebend was vacant in the same church, at the instance of certain people, they received two into that same prebend, and later, at the prayers of the bishop, they received the said M. and a certain other person as canons without prejudice to the aforesaid constitution, provided, however, that they should receive nothing from the canonry until the first two had fully obtained their prebends. And the revenues which increased through their industry they deputed to the common table, which was less sufficient than that which the ancient canons, taking their own prebends, held contrary to the aforesaid constitution.