Regarding Constitutions

Alienation: Whoever alienates a fief falls from it; he cannot proceed. Ref: De feud. c. i. If the fief is being litigated, he can give it to another as a fief, as in the decision regarding the litigated fief... The marginalia detail legal restrictions on the transfer of fiefs, the rights of the lord, and the necessity of notification before the sale of improvements by an emphyteuta (a tenant with perpetual rights).

Regarding the right of emphyteusis: Ref: l. vi. De locat. He could, indeed, once notice is given to the lord. If he says he does not wish to buy, or if a space of two months has elapsed from the notice, he may sell to whom he wishes, provided he does not sell to prohibited persons.

Consent: For it would not suffice for the consent of all in this case, because an alienation made with the consent of all and outside the due form is null. Ref: De sacrosanctis eccl. authentica; De rebus ecclesiae non alienandis.

They had intimated to our ears that the primiceriatum the office of the first-ranking official in the church of Toul had been vacant for such a long time that the donation of that personatus ecclesiastical office had devolved into our hands. Furthermore, it is alleged on behalf of the chapter that it was established with the assent of all the canons of Toul that the dignity of the primiceriatum should no longer exist in the aforementioned church, and that the possessions belonging to the primiceriatum should be distributed among the canons themselves. From this it clearly appears that the primiceriatum itself had not been vacant for as long a time as had been suggested to us by a false insinuation. Wherefore, we command your discretion that you effectively constitute for the canons of Toul that the office of the primiceriatum should no longer exist in the church of Toul, and that you cause that same statute, having been confirmed by apostolic authority as it is said, to remain in its force, unless the said canons shall have later contravened it in any way by electing a primicerius.

a long time ago. But if the form of law had been followed, the sale would hold. However, if the church was harmed, it is restored to its original state.

When he had approached, the rustic, with no just cause preventing, otherwise time would not run. Legal discussion on the running of time during vacancies and the necessity of apostolic mandate for elections.

Confirmed: But can the canons by themselves, without apostolic authority, diminish prebends or remove dignities without the license of the Lord Pope? Truly, they cannot, nor can they increase them. Detailed legal argument regarding the authority of canons to alter ecclesiastical structures, prebends, and dignities, concluding that such actions require papal authorization to prevent fraud.

scientia knowledge, the judge of the inferiors shall not recognize it without a new mandate. But if he confirms it under this form, "we confirm just as it is justly possessed," then the confirmation accomplishes little or nothing.

Contravened: It is not wished that a privilege be lost by a single act. Discussion on whether privileges (such as the right not to pay tithes) are lost by single contrary acts or only through legal time limits. The text distinguishes between privileges granted for personal favor versus those granted for the sake of the Church or religion.

When O.J. and his four associates proposed that the canons of Toul were increasing their revenues, and that the income of the church which should have been divided among many was falling into the use of a few, they established—contrary to the ancient custom of the same church—that only thirteen prebends should exist, besides that which they deputed to the lord's table. But afterwards, voluntarily coming against their own statutes, they received the said five as canons, with no prebends assigned to them. And although their revenues were not inconsiderably increased, they still did not wish to provide for them from the surplus revenues. On the other hand, it was proposed that the number of thirteen prebends, instituted in the same church and strengthened by the protection of apostolic authority, having been vacant in the same church, they—at the instance of some—appointed two to it, and afterwards, at the prayers...

If granted for the purpose of acting, privileges are perpetual; if granted for the purpose of excepting, it is held that what is perpetual for acting is perpetual for excepting. Distinctions between types of legal privileges and how they are maintained or lost through action or inaction.

Electing: Namely, that such an election ought not to be valid. A new dignity cannot be constituted without the license of the Pope.

When O.J. and his associates: And although O.J. had a mandate, if any building could be done without a mandate for those absent from the place, since they were procurators of the same suit which was being litigated regarding the [revenue], it is necessary that they provide security for the act.

Therefore: I do not believe that they could create or suppress a dignity without the authority of the Pope.