[De horis canonicis]

...of the beneficed ones, was admitted. But I said in that matter only that they are admitted, and rightly so, because they are considered members of the beneficed ones; therefore, they deserve to enjoy the same privilege, based on the argument in the chapter Ecclesia original: "Ecclesiarum", question 13, question 2, and through this, the fact is established in the book Cum precariam, 2, Digest, on precarium, where it is said that if someone asked for a precarium that I might be allowed to stay on the land and it is seen to be conceded even to his [people], to this the fact is established in the book Non, § 1, and the law Sequenti, Digest, on use and habitation, and the Code, on advocates of different judges, the law Restituente, and especially in this favorable cause because divine worship is increased and better decorated in the multitude of those serving, and the church shines when clerics are there, in their habits and surplices, as is the custom, chanting and singing.

Nor does it object if one were to say that custom is not to be extended outside its own case, and thus the laws allegated above do not seem to assist, and note what is said above by Innocent and Joannes Andreae in the final chapter, on office, by the argument through this fact established in the law Unanimus, § 5, Digest, on itinerary, act, and in the law Sed cum patrono, 1, for the reason of itself; because, rather, custom even receives extension, especially in a favorable matter, as in our chapter. But I do acknowledge it is otherwise in prescription. And the reason is because prescription represents a fact, and custom represents a right represented by the customs of those using it, etc.; it extends the right more easily than the fact, and so the doctors say in the said laws, and the fact is established in the chapter Auditis, on prescription. Rather, such members of the household whom we call clerics, the priests ought to have, who help them in the offices, as is read and noted in the chapter 3, on life and honesty of clerics, and in the gloss, chapter Sedulo, 38, distinction. Digest, to the premises, optimally, the chapter Licet, on privileges, Book VI, in § 1, where a privilege conceded to single persons, that they may be able to hear divine services in time of interdict, also extends to members of the household. If, therefore, this has place in a privilege, then by stronger reason in a custom which is a right, as in the final chapter, on custom, and in the chapter Cum contingat, on forum, and the title, which is "What is long custom," in rubric and black letter. From which I infer that such are not to be considered outsiders. But I understand other non-household members to be outsiders, even if they are born from the same village and are not accustomed to be received for this, based on the supplement of negations, chapter 2, better established in the law Filius, § Filiorum, Code, on the right of dowry. And the Code, on the action of the wife's property, the law Una, § Videamus, to the end. Laymen, however, even if they can...