it would have a sufficient benefice in the church of Modicē. The Lord Pope commanded that he be received in the aforementioned church of Gōngrosa, writing to the Lord Pope about this. The Pope writes to the Archbishop, saying that if he had attended to the series of letters, the Archbishop would not have found in them what would have offended his spirit, since in those letters no mention was made of the prebend of the same, nor was he called "Modicē," nor was he even named as a canon or a cleric. And in the letters there was such a condition: "If he should be worthy to obtain an ecclesiastical benefice." From all these things, the Archbishop could understand what kind of letters those were that had been obtained, namely, with the truth silenced, because thus they were not valid.

Note well that the form of the mandate must be carefully attended to and understood before a contradiction occurs. ¶ Also, in letters for obtaining a benefice, mention must always be made of another benefice if he who is petitioning has one, and if he is worthy. And if this is not said, nevertheless, it ought to be understood.

¶ Also, he who is not a cleric is not considered suitable to obtain an ecclesiastical benefice. ¶ Also, if he is a cleric, he ought to call himself a cleric. If he is not a cleric, he ought not to call himself a cleric, but a scholar.

Case: Between the church of Prémontré on one side and the church of Cambrai on the other, a controversy was turning regarding certain possessions. The cause was committed to certain judges in this form: "If either of the parties cited does not come, or if they neglect to appear in judgment, receive the proofs of the party present, and insofar as you can by law, proceed in the cognizance and decision of the cause." A doubt was asked regarding the form of this rescript from the fact that it was said that if any party were cited, etc., "receive the proofs of the other party and finish the cause."

The cause, etc.

between the church of Prémontré on one side and the church of Cambrai on the other, a controversy was turning regarding certain possessions. The cause was committed to certain judges in this form: "If either of the parties cited does not come, or if they neglect to appear in judgment, receive the proofs of the party present, and insofar as you can by law, proceed in the cognizance and decision of the cause." A doubt was asked regarding the form of this rescript from the fact that it was said that if any party were cited, etc., "receive the proofs of the other party and finish the cause."

It was said that even before the contestation of the suit, witnesses could be received and sentence rendered on account of the contumacy of the other party. They asked the Lord Pope what the law was. He says that the clause "insofar as you can by law, proceed" ought to precede the clause regarding the reception of proofs, and it should have been inserted before it. Whence, the Pope commands that they understand that clause where it ought to have been placed from the beginning in that cause, and let them proceed according to the tenor of those letters, provided, however, that if it was settled in that business otherwise by the authority of those letters, let it remain stable. If, however, anything was presumed in prejudice of the other party on the occasion of that clause, the Pope decreed that it is not valid. ¶ Note that the form is not always to be followed as it is here, and understand this when that form is against the common law, as it is here. ¶ Also, beyond the form of the rescript, one should not depart from the common law unless it is established that the Pope wished otherwise. ¶ Also, only that which is done illegitimately is revoked. ¶ Also, just as the principal cause can be omitted, so can an incident.

Case: A certain cleric, P. by name, obtained letters from the Lord Pope to the Dean and Chapter of Bourges that they receive him as a canon and as a brother and a prebend, if any were vacant or to be vacant, to be conferred upon him by the executors appointed for this. However, the Chapter of Bourges, opposing itself on the contrary, the business was referred to the Apostolic See before the Lord Pope. The said cleric alleged the aforesaid. The Chapter, on the contrary, answered that since there was a fixed number of canons in the church of Bourges and confirmed by oath to the Apostolic See, and the said P. did not [mention] this in his letters

Constituted