[Decretales]

On Rescripts

it is necessary to prove, provided that the other side is proven against. But certainly, it is sufficient that the other be proven unless the Pope expressly stated otherwise; but what is said here is that it was perpetual and in that way the said deed was referred only as it was perpetual to him. And this is not to say that letter, once known and proven, did not have it as known and proven. // spolia spoils/seizure.

a Restitution, perhaps suggesting to the Lord Pope that without the order of law he had reclaimed the letters without mentioning the appeal. c Condition. Note that a condition is to be understood as included even if it is not added. legal citations omitted for brevity in marginalia It is always understood in rescriptis rescripts/written replies that the petition relies on the truth, even if it is not added, as is clear in oaths and other such pacts. General conditions are understood, for example, "if God wills" or "if the matter remains in the same state."

d To penance. He does not command that these letters be presumed false because they contain only iniquity. Such forgers ought to be sent to the Lord Pope to be punished.

Exempt from judgment, since the same letters were not obtained by suppressing the truth. Alex Alexander says: If, with the assent of the parties, the case is omitted and the petitions were presented while one party was unaware, or even continuously while one party did not know that the case itself had been entrusted to another judge, not undeservedly is he who forced his adversary to toil through such guile or fraud condemned in expenses. To the same. To the Archbishop of York.

When we direct something to your fraternity that seems to exasperate your mind, you should not be troubled. But diligently considering the nature of the business for which we write to you, you should either fulfill our mandate reverently or present a reasonable cause why you cannot fulfill it, which we will patiently sustain if you have not done what was suggested to us by brief intimation. To the same, to the Cistercian brothers.

e

Since you profess the Cistercian order, if letters were obtained from the Apostolic See regarding tithes or other things especially indulged to your order, without making mention of the Cistercian order, you are not held to answer by them.

That matter... long since, if we remember correctly, a letter emanated from us concerning your petition, by which we gave a mandate and command to the dean and the church promised to you, while you were still in the same state, that concerning the Jewish people, which bears origin from, he took up the faith of Christ in true grace...

the first rubric is true unless the promisor is in delay. Legal citations follow, discussing conditions of sale, status of the freedman, and obligations of the cleric.

q When. Set the case... [The marginalia discusses the father who corrects the son whom he loves, and the quality of business, noting that a prince should not proceed with the importunity of petitioners. Matters elicited through excessive solicitation are not valid.]

It is good that an account be rendered for all things. And it is valid for examining witnesses so that they may render an account of their own deeds, for it is not seen to be valid otherwise. A witness is proof... It is necessary to extirpate that which lacks reason, as is said there. And the servant ought to be ready to render an account to everyone who asks, and it is understood that an account must be rendered of everything if possible. But sometimes one is constrained by power, or it is not understood what that reason is, as in the aforementioned chapters.

p We will sustain. An argument that if we are bound to fulfill the mandate, we are excused if a cause is rendered.

3 You will have done. And not undeservedly; where even a counselor respects the Emperor, he does not wish his responses to follow if someone has not calculated the reason correctly. It is forbidden that a man and a wife can simultaneously receive someone from the sacred font, and yet it was forbidden... but it is said not to be forbidden because it was not found expressly that a man and a wife could not receive [a godchild], though it was implicitly forbidden. A subordinate, even if he does not render a cause, should obey.

The following marginalia provides a complex set of legal conditions and precedents under which letters are considered valid or invalid when presented to judges, specifically addressing issues of fraud, the death of a delegate, the omission of consent, and the necessity of mentioning previous privileges.

Since you profess the orders, regarding tithes... it is otherwise if one proceeds regarding another thing in which you are not privileged. Wherefore, if they proceeded by letters regarding the tithes of possessions, the letters would be well valid through another cause, because in those laws they are judged with others. Since in the matters in which they are privileged, it is understood that they have another privilege, namely that they cannot be brought to judgment by letters unless mention is made of their own order. And others who have a privilege through letters are not in this body.

b Mention. ... I understand the same for all religious who have a present privilege, such as the Templars and Hospitallers. But is not the privilege of these general to all Cistercians, such that by these special letters it ought to be derogated from them? For the special... but it is not true, because a privilege is a law and private, and outside the common law. This permission to give tithes pertains to the side, and the privilege is not taken away by common law unless mention is made of the privilege in the permission; and therefore the letters are not valid because they are special according to the common law, and the privilege is hidden. If the monks are cited, they ought to come and allege their privilege.