...neither letters are valid [in these cases] contained, nor do I think it safe to depart from the letter. And to this, it serves excellently: for if an excommunicate obtains [letters] for another to act, it does not hold. Below, "On proof," [chapter] "After the cession." And it is well referred that sometimes by whom prayers are offered [matters]. Below, "On heretics," [chapter] 2, section 4. "To the decider," [chapter] "When it behooves," respond as noted there by Jo[hannes], in the gloss... he is not an enemy, so the person prohibited from obtaining [letters] is not like an excommunicate. Whence he acts for his own injury, which an excommunicate does not do. "On [the] 'Vio'," [chapter] "We understood," 4, question 6, "In all."

of excommunication or the article of appeal, it was obtained

In note 4, in the Council of Lyon

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a Excommunication: See "On the sentence of excommunication," [chapter] "When for a cause."

b Appeal: See "On exceptions," [chapter] "When in," and [chapter] "Signified," and [chapter] "The last."

c Obtained: And here is inspected the time of the date or of the obtaining to the same, below, same [section], "Eam te," and below, same [section], "Tibi qui," "On prebends," [chapter] "To him whom," [etc.]. Such a letter which was acted upon before him is similarly void before the ordinary, [it is] to be judged, unless perhaps one who knew knowingly admitted him; [the same] was removed, because it was revoked by the chapter "Pia," as I said above, in the gloss [concerning] "Whether."

f In many religions: Below, "On testimonies," [chapter] "When the cause," and [chapter] "Signified," Digest "On testimonies," law 1, in the end. Item: in things left for the redemption of captives, below, "On religious houses," [chapter] 6, and below, same title, [chapter] 7. Item: fear restricts severity when a multitude has sinned, "On the cleric," [etc.], [chapter] "Carriers," [chapter] "These." Item: let the heir not be burdened infinitely by the fideicommissum solved, Digest "On the legatee," [section] "He who," [etc.]. Item: it does not hold by any permission that the exception of a deserted judgment be objected to, for example: "I permit that if I am hindered by a fortuitous case so that I cannot appear, I will not object regarding the case." Digest "If there is a case," law "If and if anyone," section "Asked." Item: in the stipulation of damage not yet done, one ought not to be obligated to infinity, Digest "On damage not yet done," law 1, "He who [has] goods," [etc.]. Item: a legacy which is not foreseen from the testament, for example: "I bequeath a hundred to him whom Titius shall name to me," it does not hold. Digest "On the right of the fisc," law "So the faith," and deservedly is that infirmity reprobated, which is contrary to the canons for a multitude, below, "On prebends," because meanwhile, and [it is] burdensome, nothing of this [is] honest. In the Authentic, "On referring," at the end, collation 2, and of this you have many [citations], "On age and quality," [chapter] "Expert."

g Therefore: Because by this generality, the ordinary jurisdiction was derogated, for which this constitution provides.

h By a general clause: Besides the expressed ones, four can be convened. Others, below, same title, [chapter] "Pastoral," and [chapter] "Radulphus."

i Certain: I understand the same of any similar clause, as if it is said: "Titius and some men of the city of Bologna," or in a similar manner. The same if it is said "the men of such a place." For either he will convene them as a corporation, and then all are held in the place of one, or as individuals, and then he will be able to convene only four besides the expressed ones, as here according to Innocent [IV].

k Frequent: And therefore it had to be provided for, Digest "On laws," [law] "For to those," and below, "On the restitution of spoils," [chapter] "Frequent." Today, however, this clause is not in [use].

l In our letters: What of the letters of bishops? [See] according to Hostien, that it is not extended to those. To this, 25, distinction, "Of what kind."

m Or four: Formerly they dragged [them]... [etc.]. If you ask what is the reason why it was restricted to four, say that [it is] arbitrary.

Since in many articles of law, infirmity is reprobated, we have thought fit to provide that by that general

...ria: Because it could equally be restricted to more and less. A similarity could be rendered, which you have below, "On the sign of the cross," [chapter] "It ought not." I say, however, according to the Abbot and Goffredus, that regarding an indivisible matter, for example, the judgment of a monument, of an inheritance, and similar things, they can be summoned beyond four to judgment by a general clause. Item: all beyond those four who have a right in the matter can act and defend for their right before that judge. Argument below, "On the matter of division," [chapter] "When above," [chapter] "On the office of the delegate," [chapter] "Upon this," [etc.].

m Four: Namely, of those whom he intends to convene by the clause. And the expression ought to be written in the acts for proof, since now [there is] a contradiction. And some said, namely Innocent [IV], that in every citation of those, all the names ought to be expressed. It can sufficiently be said that it suffices to be expressed in the citation of him who is first cited, and they be written in the acts, as I said above according to Hostien, or according to the Abbot: it is enough that they be written in the acts, although they are not written in the first citatory, because now the variation ceases. Which I believe sufficiently; as if this letter wanted to say that before the citation is made, the names of those four must be expressed. And I believe [it is] safer that this expression be made in the first citation which is made by the authority of the Apostolic See, even if it is made of those expressed in the [common] law, although others [are] contrary, saying that it suffices that it be made in the first citation of another of those four. But according to this, it is not fully provided against frauds. And if it is asked whether he can convene [the ones] not expressed before he convenes the expressed [one], it must be said that yes, because [one] can donate, liberate, and remit, unless perhaps he had expressed [it] in fraud according to the form of the decretals, below, same title, "Nonnulli." Item: many privileges [concerning] being convened, which begins "Someone obtained." But suppose he expressed four. Afterward, he changes one of the persons, or he expressed no one. Afterward, he convenes another. Nothing is expressed. It is asked whether the judgment holds. And it seems that yes, because this exception is dilatory, as is accustomed to be said of the exceptions of two days [of travel], below, same title, "Nonnulli." Item: many things are prohibited to be done, "On the regulations," "To the apostolic." I say the contrary according to the Abbot, because if they were not expressed in the first citatory or in the acts, it is just as if they had been expressed in the rescript. If they were not expressed at the due time, it is just as if there had not been a clause there. Whence, since the Apostolic See does not extend to other matters or persons, [see] "On the office of the delegate," [etc.]. I say that even if it is not excepted, the judgment does not hold.

n Names and surnames or certain circumlocutions: Below, "On testimonies," [chapter] "Although from a certain," and Digest "If for a certain," law "Certain," so that equivalence be avoided, below, same title, [chapter] "Signifying," and [chapter] "Because nonnulli."

o Fraud: Which is to be encountered, below, "On renunciation," [chapter] 1, [chapter] "When at the end."

p He: Namely, the impetrator.

q Can: The impetrator.

r Varied: The error of variations and inconstancy is reprobated elsewhere, [it is] permitted what [is] here as I fully said below, "On the rules of law," "What once." And note by this letter that by general letters to obtain [benefices], if he has specified something, he will not be able to pass to another, because it is just as if that benefice which he sought had been expressed in the rescript. Below, "On the office of the prebend," [chapter] "When to all," which you should understand soundly according to that which you have in the same title, "Lest it be captured."

clause, [which] certain others [use] that frequently are inserted in our letters, let him not draw more than three or four into judgment, so that the impetrator may express the names in the citatory itself, lest he perchance leave a place for fraud, since with them he could freely be varied. The same