[Decretales]

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! Inane. Thus he would have sinned in two ways: by not observing the form of the writing, and also by not following the order of law in other articles, perhaps by omitting necessary protests, etc. And thus, the phrase "order of law" can be understood in two ways.

Void and empty. That is, it is called void, because it was not void by operation of law ipso iure, but was to be rendered void on account of surreptitious letters letters obtained by concealing the truth. But see below, "On letters." Here, the process is null by operation of law. It is called void for two reasons: because of the form and because of the order. See Digest, On the Sixth, "Definitive." Likewise, a sentence is said to be void when rendered outside the usual order, see also below, "On proxies," "Examined."

Restitution. The nun can seek this restitution because they did not have an abbess, and they were despoiled. Argument: Digest, On Judicial Matters, "If long," § "If a son under power." Or because she asks to be restored not as an individual nun, but as part of the whole body. Thus, if a college has goods from which it pays a creditor, the individuals pay, not as individuals, but as part of the whole body. A monk does not seek a part where the monastery’s goods are divided. Likewise, in "In nothing." Nor even where he withdraws from the college. I respond: See the law "He who has taken," and where a monk acts, see below, "On the sentence of excommunication," "Provident." But there, an action for injury is not given to the monk, but to the monastery, and the syndic of the monastery will initiate it. Thus, a master acts for an injury to his slave; Institutes, On Injuries, § "Slave."

Whether it happens, maliciously. See "Sitting," below, "On the matter of the cause of possession," "Signifying." See Digest, On the Reivindication, "In the estate."

Within a year. This does not refer to the annual prescription. See below, "That the clergy not...?" text unclear "How frequently." I respond: See below, "On the office of the ordinary," "Pastoral," and below, "On the office of the delegate," "Seeking." And see below, "Again," and the chapter "Whosoever."

We decree the attempt to be void and empty. Therefore, names redacted and certain other sisters of the church are to be restored as shall be just, and, the form of our mandate having been observed with exact diligence, you shall proceed in the business itself, reason prevailing.

It also happens that some, having obtained our letters, postpone using them for a time; then, only when they begin to be anticipated by the authority of others from whom they had previously obtained letters, do they exhibit them, saying that the later letters are not valid because they make no mention of the former. Since, therefore, the malice of men should not be indulged, we decree that if anyone obtains our letters and, through malice or negligence, puts off using them for a year after they have obtained the copy of the judges, they may be anticipated by the authority of later letters, even if no mention of the former is made in them.

Since it happens that, see above, furthermore, when certain people litigate with others and obtain letters to different judges, of whom some, having been obtained by the other party, command you that you should denounce the adverse party as subject to the sentence of excommunication, while other judges subsequently command you that you denounce the same

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From office, and that is the reason, because an executor is not to follow his own discretion except where an exception is provided in a continuous manner. See below, "On witnesses," "Coming," § "that." Below, "On the restitution of things despoiled," "Letters." I say that he does not suspect any delay in the execution who would say that he has earlier letters which were not revoked, or who would say he has later letters which revoked the former. And thus it would follow that no judge could excommunicate or absolve or pass sentence if someone said before the prelates that the case was committed to others. And thus an occasion would be given to fabrications, which ought not to be, because such fabrications are not to be proposed. 38, q. 1, "The Lord said." Institutes, On the theft of goods, § "But not your." And the law "Whence force," "If indeed so much." Digest, On the Lex Cornelia, law 1, § "If anyone." Digest, On litigation, law 1. Rather, he who receives the mandate ought to have a probable cause for the diversity of letters before he believes. 22, q. 4, § "Great." See below, "On elections," "Excommunication," "Him." Digest, "When with the son," law 2, at the end. Or say that it should have been notified to someone in this case so that the judge ought to be called doubtful. 1, q. 8, § "Finally." And "If anyone says idolarie idolatrously." Below, "On betrothals," "Furthermore." Digest, "On the petition for inheritance," "Come," § "From whom." Argument: Digest, On the administration of tutors, "Certain deceased," § "Was." And where you find this letter, "You knew nothing at all."

as absolved. You ask whether you ought to obey both, or neither, or one of them at least in this matter. Concerning this, we, answering, believe that a distinction should be made: whether, when you knew the first mandate was received, you perhaps learned that a discord had arisen between them and others regarding jurisdiction, or whether you knew absolutely nothing about this. And what is it if nothing at all was known to you about such a contention? When it happens that you receive the first mandate, you must humbly order it to be executed. But if afterwards the contrary is commanded to you by others, then the copies of the letters obtained by both sides should be requested, which we strictly command be exhibited by the authority of the present. If from their tenor you clearly perceive that the letters obtained by those from whom you received the first mandate are expressly revoked by the letters of the others, you shall intrepidly execute that which is commanded to you in the second place. If, however, from the inspection of the letters it is manifestly clear to you that the letters obtained by those who gave the first mandate are not in the least revoked by the others, then do not execute the mandate. But if, regarding this, it should be rightfully doubtful to you, it is not fitting for you to proceed to execute [either] until, according to

Mandate, which he also did, because he denounced that party as excommunicated.

Rarely. But ask if that can be weighed from the mere inspection of the letters. For the letter of the Apostolic See makes mention of the judgment and the matters contested in the later letters, if it is established that the first letters were revoked, since they could have been obtained through false suggestion, and thus they do not revoke the first. Below, "On the office of the delegate," "Before," see also below, "On the same," "On the part of," around.