[Decretales]

a See "On the restitution of things despoiled," "Heard." Below, "On the same," "The case which." 3. If in this case nothing is revoked by the execution, but those who were previously excommunicated are denounced as absolved, they are held in both sentences. The definitive sentence is not retracted, as Io. says. Or here, in sentences of excommunication, which are easily retracted by the Constitution, below, "On the same," "Pastoral."

b And the same thing, below, "On not executing the mandate." And this § looks to the first §.

c To judge. Here that rule of the Digest, "On judicial matters," "Concerning the matter," fails.

d Although from the letters. The person proposed, which can be done. Below, "On prebends," "Approaching."

e And he refused to appear. Note that he who is cited three times, if he does not appear, can be excommunicated, and the fruits of the property sought can be sequestered, as here, on account of contumacy.

f To be sequestered. Which, however, ought not to be done by law unless a cause existed. Below, "On sequestration," "To B," in two, "Following." Where it says that when fruits are being dissipated, sequestration ought to happen. Law, "On prohibited sequestration," law 1. On this, note 6, q. 6, "Of the questions." This, but in this case, namely on account of contumacy, sequestration is well done so that he may be dealt with more mildly. Below, "On donations and contumacy," "From the letters." But in this case, sequestration is not properly taught. Below, "On sequestration," throughout, because there it is not sequestration on account of contumacy, but say in disputes over benefices. As below, "On him who is put in possession," "He who."

g To be absolved. Both sentences hold, but the definitive sentence is not remitted, as Io. says. Or in the sentence of excommunication, which was frequently retracted.

h They shall fall. Rather, he even ought not to have appeared. Below, "On the office of the delegate," "When long ago, master."

i To all. See that by this clause, "If it is so," or by this, "If the premises are true," the petitioner is held to prove that all the premises are true, even if one of the premises were sufficient for proof. Proposed. Thus, below, "On the same," "On the part of." Digest, "On excusations of tutors," "Which by testament." For unless someone proves their intention fully, they succumb. Law, "On reivindication," law 1, "The ends." For the ends of the mandate must be diligently observed. Below, "On the same," "With the beloved," and "In."

Although it was intimated to our ears by the letters of the abbots of Saint-Nicolas of Reims, of Savigny, and of Val-de-Rennes that, although letters had proceeded from us once and again against them regarding the matter that the cleric P. of Saint-Rémy was detaining the parish of Fallice, which R. of Clivus claimed to have been conferred upon him through an interposed person, they cited the parties once, a second, and a third time. And the said P., because he was cited multiple times and refused to appear, or to send anyone in his place before them, they bound him with the bond of excommunication and had the fruits of the said parish sequestered. When afterwards the same P., coming to them, committed himself to the law to abide by it and obtained his absolution, they, granting the letters of absolution, assigned him a day and place where he might fulfill what he had promised before them. He, scraping out the day and place from those letters, wrote in the place of the scraping that they had commanded the sequestered fruits to be assigned to him, which he confessed in the presence of two of them, the third of them being absent and excused by letters. We, therefore, since such an excess of rashness was not without the stain of falsehood, gave it in mandate to you that if it were so, you should impose perpetual silence on the said presumptuous person regarding the said parish, assigning it with the sequestered fruits to the aforementioned R. of Clivus. Truly, you intimated through your letters that when the said R. had proved the aforementioned scraping before you through suitable witnesses, and on this account had asked that the said church be assigned to him, you were in doubt as to whether that clause, "if it were so," ought to be understood regarding all the above-mentioned points or only regarding the article of the scraping. We, therefore, answer that that clause ought to be referred to all the preceding points so that the aforementioned church might be conferred upon the said R. Because, although the crime of falsehood is sufficient to impose perpetual silence upon him regarding that church, he who commits such falsehood is not, on account of this alone, to have the same church assigned to his adversary unless full proof has been made regarding the other matters.

Our beloved son, the Abbot of Saint Stephen of Bologna, intimated to us through his letters that, when he—to whom we committed the office of visitation in the city and diocese of Bologna—judged that the priests B. and A. ought to be removed from their churches on account of their grave and manifest excesses, they obtained our letters to you in the common form regarding their restitution, making absolutely no mention of the cause of their removal and the excommunication by which they are bound. We, therefore, etc., decree that if it is so, those letters, as obtained through the suppression of truth, are to be deprived of force.

You asked to be instructed through the Apostolic See whether, when someone has narrated many things to a perpetual vicar of a certain church regarding

k 15, q. 6, c. 1, at the end. 4. Digest, On theft, "vcp" likely "vice principal". 4. Below, "On accusations," "With the beloved." And law, "On what is to be done," law 3. And also the manner of the deed, law, "On transactions," as answered.

l Excommunication. Here you have that if an excommunicated person obtains letters, or the letters themselves, while silent about his excommunication, the letters are not valid. Then because he was silent about the judgment of the court, below, "On the matter of the case," "Between." Then because he was silent about his own vice. Then because he inserted himself into the communion of men, on account of which he is to be punished. Below, "On the clergy excommunicated," "That." And 1, q. 4, "It has pleased." Whence it would be inconvenient that from the same act both a penalty and a benefit should follow. Digest, On negotiorum gestio, law "Without." 16, q. 1, "I have read." Below, "On exceptions," "They signified," and the chapter "Venerable," where it is said that excommunicated persons are not repelled from the prosecution of an appeal. But this priest is an outsider of the thing, who ought not to be repelled. Of this, we shall speak below, "On exceptions," "Venerable," and the chapter "They signified." Solution: These priests were not actors who sought to be restored, nor had they appealed, in which case the sentence speaks. Thus it is an argument that this despoliation is not privileged. Whether letters obtained by an excommunicated person are valid once he is absolved: say above on B, as I noted below, "On exceptions," "Pious," in the gloss which begins "But it is strange."

m Deprived of force, as above, "On the same," "With the beloved," where it says it must be rendered void. Thus it seems that if anything has been done through surreptitious letters, that ought to be revoked. Concerning this mafia likely "matter/substance" it will be said more fully below, "On the same," "To the audience." And say: it must be cared for if he provided concerning these exceptions, namely, that they did not make mention of the cause of their removal and the excommunication by which they were bound, and it is shown that he was held to make mention of the cause of excommunication. Because he who asks to be absolved from excommunication is held to express the cause of his excommunication; otherwise, the letters obtained regarding absolution are not valid, or if he expressed a cause other than that for which he was excommunicated. Below, "On the office of the ordinary," "On the part of." And below, "On the faith of instruments," "Regarding these." That decree "On the part of" is noted. Regarding this, see in the gloss which begins "From that." And below, "On the sentence of excommunication," "With the prayer," in the gloss which begins "..."

the benefits, one would suffice for himself, even though he narrated many. Argument to the contrary, that it suffices to prove one. Digest, On conditions and demonstrations, "False," at the end. Digest, On conditions of Institutes, law 2, § "Lastly." Digest, On manumission by testament, "If so." Below, "On prebends," "When long ago." 3. Day, as I said above, "On the same," "On the part of." Also, the argument is here that the following clause looks to all the preceding things. Below, "On appeals," "Second requested," and the chapter "In the investigation." Argument above, below, "On donations," "With the beloved," where that clause about the forest does not look to all the things preceding, but to the first donation and the inferior. 3, q. 5, "We have established." And on conditions, 2, "With all," in the principle. But it is better that it be referred to all, as it makes the other part. Digest, "On the thing of his," "If for the father," § "Penultimate." Say fully about this as below, "On judicial matters," "Exhibited," in the last gloss.

"Beloved son," regarding the cause. Note that it does not suffice to narrate the series of the fact in the letters of the Pope unless the cause of the fact is added. Argument, 23, q. last, "He kills." Below, "On witnesses," "With the cause." And the cause of the fact is rather to be sought than the fact itself.

that, as in this case, letters obtained by an excommunicated person while silent about the cause of excommunication are not valid. It is different if someone obtains letters to act against an adversary while silent about his own excommunication, because then the letters are valid once he is absolved. Below, "On exceptions," "Pious," where this is in the gloss which begins "But it is strange." For another reason also, such letters were not valid: because they did not make mention that they had been despoiled by sentence because of their excesses, from which there was no appeal. Law, "Sentence, rescission, not possible." Obtained, and thus for two reasons the letters of these priests were not valid. Once, this decree used to be alleged to prove that letters obtained by an excommunicated person to act were not valid, but this is not proved by this decree, because it does not speak of such a case. B.

"You asked," with the apostolic mandate, which you have below, "On prebends," "When according to." By the name of "benefice," a vicarage, or a prebend, or another benefice is understood. 1, q. 3, "From the merits," and below, "On prebends," "If your."