[Decretales]

a To what. It does not say "to what," because it answers only to the fact of the vicarage, but as if to say "to each," because if anyone is ordained to the title of his own patrimonium patrimony/private wealth, he is freed from the debt of the decretal papal decree. But according to the apostle, since this is done by the church, it is satisfied, and he is bound to make mention of it since he appears to obtain an ecclesiasticum beneficium ecclesiastical benefice. Therefore, the pope ought to have replied to "what," and not to "to what." Resolution: "b" was not ordained to his patrimony even if he has it, and therefore he does not lie to "what," even if he sometimes has it, he is not bound to make mention of it as here. Otherwise, if he were ordained to it, he is bound to make mention of it as in the first statement.

b Through the form. With the apostle's conclusion.

c Competently. That "competently" should be understood as the manner of that decretal papal decree. Below, "On prebends," "On monks," concerning which it was said, above, "Since so." Say as there.

d Revenues. Concerning two things requested, above, "On penalty of inheritance" and "on the benefice of the vicarage," but it answers only concerning the benefice. Although he does not make mention of the paternal inheritance, he holds it lawfully, because by denying one, he professes the other. Below, "On the sum," "Not." But it seems that he who demands an ecclesiasticum beneficium ecclesiastical benefice unworthily does so. And he eats and drinks judgment unto himself. Item, because he is ordained to a certain title, that is, he is ordained to the title of his own patrimony. Below, "On prebends," "Yours."

e See.
f To remote [judges]. Where it is said "remote," what is meant is that which is beyond two days' journey. Outside of the mandate of the proctor. It makes for this. Below, "On elections," "Since between the university," and "Nothing is."

...of the vicarage and paternal goods, that one might be comfortably sustained. They are bound to observe that form, since by the apostle's conclusion he must provide for an ecclesiastical benefice. To this we have decided to reply that since through the aforesaid form he has indicated that he will help the needs of poor clerics who have not obtained any ecclesiastical benefice, the perpetual vicar, unless he has made mention of the vicarage, ought not to report any benefit from the benefice, as if the letters were obtained by suppressing the truth. He ought not to be lacking a benefit for which provision has been made competently from the revenues of the perpetual vicarage. And for him who has a benefice with sufficient subsidy, we do not write from certain knowledge concerning obtaining another benefice, nor do we make mention of the first in our letters.

The same in a general council

Some, abusing the grace of the apostolic see, strive to obtain its letters to remote judges, so that the defendant, exhausted by labors and expenses, may yield to the lawsuit or redeem himself from the importunity of the actor legal term for the plaintiff. Since, however, the approach to the judgment of your jurisdiction legal authority should not be open when the observance of the law forbids it, we decree that no one may be dragged to judgment by apostolic letters beyond two days' journey outside his own diocese, unless they were obtained with the consent of the parties or they have made express mention of this waiver. There are also others who, turning themselves to a new kind of merchandise, so that they may either wake up settled quarrels or introduce new questions, invent cases about which they obtain letters from the apostolic see without the mandate of the lords, which they expose as venal, so that either the defendant may not be troubled by them at the cost of labor and expenses, or the plaintiff may not be wearied by the adversary in undue molestation through them. Since, however, lawsuits ought to be restricted rather than enlarged, by this general waiver we decree that if anyone in the future should presume to obtain apostolic letters concerning any question without the special mandate of the lord, and those letters...

i Of the observance of the law. From which it ought not to arise that an injury should be committed by law. Below, "On accusations," "In what manner," 2, "When." 5. Where force is used. If, above, in the first constitution of Gregory.

b Which days' journey. Is this understood of common days' journey which are had according to the custom of the region, or legal ones according to which twenty miles are computed per day? It seems it should be of the common ones, because names are to be understood from the usage of the mind. Below, "On betrothal," "From the letters." It is not from the opinions of individuals, but names ought to be heard from common usage. Because custom is the best interpreter of laws. Below, "On custom," "Since beloved." And usage is preferred to the significance of words. ... Say that this should be understood of common days' journey, because the law ought to yield to the custom of the region. But put that someone has obtained letters beyond two days' journey without making mention of this constitution, but the judges cite to a place beyond two days' journey, not remote from his own diocese, is the defendant himself bound to go? I believe so, because it says "he shall not be dragged beyond two days' journey," and it is express. Below, "On exceptions," "Formerly." But the judges ought to go to the place at the expense of the plaintiff, otherwise it would be a fraud on this constitution. But it seems that the letters are not valid, because they are obtained by suppressing the truth, such as if he had said he would not have the letters. Below, on letters which ought not to be valid, because the same equity that moves the delegator ought to move the delegate. But for the same reason it seems that they should be valid, because if he had said that he would not drag that adversary beyond two days' journey, he would have had the letters, and they ought to be valid, as it is said. Because he purges the vice which removes the exception which could be opposed. Therefore they are well valid, because the letters are not null by the law itself, but are annulled by exception.

i Could be dragged. It is not said that the letters are not valid, but that he should not be dragged by them beyond two days' journey.

k Exhibition. As if he should say: "notwithstanding such a constitution." And thus it is clear from this place that the letters ought to make mention of the constitution for it to prejudice him. Thus he ought also to make mention of the privilege. Nor does that rule have a place: "the special derogates..."

g General. Although he does not make mention of it, above, this chapter. Pastoral. But this special mandate does not derogate from the general waiver. That is the cause, because that waiver pertains to private law, but private law is not taken away by a mandate, since the mandate ought to proceed according to the law and not vice versa. And therefore it is necessary that he who obtained the mandate beyond two days' journey should make mention of this waiver. Because the pope is ignorant of the distances of places.

l Of merchandise. Because some trade letters of others of the same name.

m To wake up. By the mandate of the prince, settled lawsuits ought not to be awakened. Rather, such a mandate obtained from the limit of the judge ought to be repelled, as they wish to reawaken lawsuits settled by judgment.

n Restricted. Thus, on penance, distinction 1, "Penalties." And thus it seems that in mandates all things are to be restricted rather than amplified. Unless benefits are indulged.

o Special mandate. Thus a general procurator does not suffice to obtain letters, which is well notable, just as a special procurator is required in a transaction. ... As a general procurator cannot perform an acceptance unless he has a special mandate. ... The ratification of the lord suffices for this so that the letters may be valid or begin to be valid which before were not valid. ... Because ratification draws back to the beginning. ... Item, because mandates which do not hold at first may afterwards prevail. ... I respond to this that although a procuration which is null can be ratified, it is not so when the adversary objects, for the reason which is rendered in the letter itself. But whether these letters are null by the law itself? It seems so, because the canon is punished as a forger. Thus these are false, just as a venal sale is null. ... I say that they are to be annulled by exception in either case of this chapter; if the defendant objected nothing, they would be valid. But who ought to prove that they were obtained without a mandate: the one who excepts that they were not obtained by a procurator, or the lord who uses them? It seems that the lord who uses those letters and exhibits them ought to prove the mandate, because the executor is not bound to obey the mandate of the judge unless the mandate is first proven. How, indeed, could the defendant prove that they were not obtained by a procurator, since it is a pure negation, and there is no proof for a negative fact by the nature of the thing. Besides, if someone shows an instrument of the church, it is not believed unless he provides security for the ratification. Generally, it is taught that whenever there is doubt about a mandate, either the procurator ought to prove the mandate or provide security for the ratification. ... But to what purpose, except that it may be known by whom this was obtained? For perhaps they were obtained by an excommunicated person, which are not valid. ... It does not stand if one says that the instrument appears not vitiated, that one must stand by it until the contrary is proven. For here the scripture is not impugned, that it is a true bull, which is the act of the plaintiff, but only the mandate of the obtainer is doubted. To this, Io. says that if the letter is contained in the rescript: "Such a procurator complained of such a person," it is not necessary to prove the mandate, because by those letters it sufficiently appears concerning the mandate, since the pope calls him a procurator, because it is certain that he saw the mandate. But if it is contained in the letters: "Such a one signified to us, or complained to us," since he was not at court...