for the sake of fatiguing the adversary regarding the same business, and not for caution. Because he feared losing the whole case or feared others would be moved. Neither is valid. If it is for caution, as I said, it is valid; but afterwards he began to act through the letters, the others are not valid. If he attempted both, he would lose both as has been said. If he petitions to the same judges and they differ in the date, the first are valid unless mention is made in the second of the first, because it matters not what is valid. If, however, the form of the letters and the date are the same, and they are addressed to the same judges, they are the same letters. Where it is harmful to have multiple letters for caution. So, through whom can one have multiple testaments of the same tenor? Nor is it inconvenient to have multiple judges regarding the same matter, because you have that, as in the chapter on the office of the legate. If, however, there are different letters on the opposing side, neither is valid. If letters are obtained from different persons, namely by the actor and the defendant, or by the same person but to different ones. If to the same and they agree in date and form, they are the same letters, as has been said. If the date is the same and the form is different, both are suspended until it is clear which is superior. Where if both parties show their letters, if the actor is silent, the letters of the defendant are valid. If, however, they are obtained to different ones, the first is valid unless mention is made in the second of the first.

a Deprived of both. Concerning the Milanese. Since you wrote to us that because the cleric P. had already obtained a sufficient prebend in the church of Milan, you wondered why I sent letters to the brothers of the church of Grogosa for his reception. If you had attended to the series of our letters, you would have found in them that it was not our intention to offend, for in the letters neither mention was made of his prebend, nor did it call him a canon of Milan, nor even a cleric, rather it had the addition: "if he were worthy to obtain an ecclesiastical benefit." You could have understood how those letters were obtained.

Deprived of both.

¶ Regarding the canon of Cambrai. ¶ The case that is held between the churches of Premonstratensians and others regarding the possessions of Anapia. ¶ Since in the letters we noted it was written that if either party, having been cited legitimately, failed to approach our presence or appear before our judgment, you should receive the proofs of the present party, as much as can be done by law. It appears that if they are first or second, they mutually impede each other. But those which are obtained to different ones do not proceed today, because only those which are first presented to the judges are valid. And those through which it has not yet been proceeded. In others, through which it has been proceeded or presentation has been made, the first are valid unless they have made explicit mention of the first and of the process and of the contestation of the suit. And when the second are valid and not the first, the first are in suspense until it ceases or is affirmed.

a Deprived. Rather, I see that he who seeks his own in one judgment, if he seeks the same in another, ought to lose the case. Because where a judgment has begun, there it ought to reach an end, and injury would be done to the first judges. Nevertheless, he does not lose the case, but it suffices that he loses the letters and be condemned in expenses. But that is said regarding the servant for the favor of liberty.

One to...

moderation. ¶ Indeed, many things ought to be done and proceeded with much moderation and diligence. So that they cannot be rejected. When, however, forgetfulness deceives him. ¶ Although he was forgotten by Urban, yet he who possesses the memory of all things and cannot sin in anything is of divinity, not of humanity. And there is nothing in human condition that can stand perpetually.

c Sufficient. For it ought to be that which suffices for himself and his own. So that he may receive the incoming and pay the episcopal rights. In such sufficiency, he ought to have the reason of nobility. And science.

Sufficient.

For what ought to be that which suffices, if it is sufficient, he is never held to make mention of that, as is clear. By contrary reasoning, where it is explained that whatever the benefit is, one ought to make mention if one says that he has obtained no ecclesiastical benefit.

the petitioner Peter is not valid. There it was said that because he has multiple benefits, he cannot oppose this exception. Although the Pope writes that he would admit just excuses, as in the case. For sometimes he writes when matters stand otherwise.

e Cleric. Whoever calls himself a cleric when he is not, the letters are not valid. And he who is not a cleric is not considered suitable, nor can he be counted in the number of clerics.

in the cognition and decision of the cause, you would not delay in the least. We, wishing that that clause, as much as you can by law—which before the reception of proofs mention was to be made—should be inserted, proceed with that clause of receiving the proofs. Wishing that, understanding their lust in the cause according to the tenor of the letters, you do not delay to proceed. Instructing that if by the authority of the letters it has been legitimately proceeded in the same business, it should remain firm and stable; otherwise, if by occasion of the mentioned clause something has been attempted in the judgment of the other party, we decree it to be without force, commanding that in the decision of the matter itself, just as has been committed, you proceed purely and candidly both on the principal and on the incidental questions.

f But if dignity. This condition is understood without any expression. Thus it is clear that he who has a sufficient benefit is considered unworthy for another benefit, since he cannot serve with that same benefit, and thus the letters obtained by concealing the truth ought not to be valid.

g Item to the Bishop of Senon. Constituted at the Apostolic See, P. the cleric proposed that when he had given a mandate to the Dean and Chapter of Bourges that they should receive P. as a canon and brother and confer a prebend if one was vacant in their church or would first be vacant, and they, when they ceased not to admit his mandate...

h Cause which. Cited legitimately, in the iteration.

Receive.

It seemed to you that you could receive the testimony of letters. Which ought not to be, as in the cases excluded, except in the cases which you have.

i By law. A clause always ought to be placed in the peremptory term by the eminent peremptory [order].

k To be inserted. Although by the error of the writer it was postponed, but error also does not harm. Whence say "to be inserted," as if it were understood as inserted. It seemed that it would not respect the preceding, but it is not true, because it is not likely that the Lord Pope would wish to destroy by a single word the law of observance thought out with so much labor and many vigils. And he who commands a tutor to be firm is understood according to law to command.

To be inserted.

Although by the error of the writer it was postponed, but error also...

l Proceed. So sometimes the following clause requires the order of the law. Because whatever follows respects everything placed first. It excellently makes for this matter. Truly it ought to proceed, because through the whole process of the business, one ought to proceed by law. Precedents are sometimes understood as repeated. Also it is good, arguing that the words of rescripts are to be understood according to canon law. Nor does the order of writing matter, but rather that which is taken from the law. Otherwise in privileges.

m Incidental. By the law itself, both in the principal and incidental things, or emerging, the appeal is removed.

n Canonically. That is, according to the canonical laws. They give a mandate that they should receive him as a canon. Constituted. Receive. Two commands in one: first, that they receive him as a canon; second, that they assign him a prebend if it is vacant or will soon be vacant. What if they cannot assign him a prebend? They are held at least to receive him as a canon. The end of the decree, however, is to say that no, according to one mandate.

Constituted.