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a On the Apostolic See. Note that it is one thing when a person writes, and another when a dignity writes; thus, it is one thing when it is written to a person, and another when it is written to a dignity. See "On the office of the delegate," [chapter] "When," [section] "last," and "On privileges," [chapter] "That no one."
b Dies. Thus 12, question 2, "Willingly." For it cannot be null. 24, question 1, "Shameful." That the Lord prayed for her. 21, distinction, [chapter] "I," at the end.
c Perpetually. That is, as long as he lives to whom the grace was granted for the same. Digest, "On partnership," law 1, where he treats this. And note that although a personal privilege is extinguished on the part of him to whom it is not granted together with the person, as 9, question 1, "You requested," thus a personal privilege is extinguished on the part of the grantor together with the grantor himself, as is held [in the] last [chapter] on either side, which is understood, "On privileges," [chapter] "Privilege," as I said there. But a real privilege is not extinguished on the part of the grantor together with the grantor, as is held [here].
Or if the aforementioned grace is granted continues from previous page: by the Apostolic See until the See itself dies i.e., until the death of the Pope who granted it, it will last perpetually unless it was revoked by a successor.
d To be restricted. Because it is fitting that odious things be restricted and favors be amplified. "On the rules of law," "Odious things, with their consequences."
e Benefices. Note by i the glossa that this holds, and above in the present [section] he speaks of benefices in the plural, namely that one can hold several benefices at once. "On benefices..."
f Canonically. Nothing new in law regarding benefices. I will say [later], chapter 2, that dispensation is granted to them. This preserves and extends old [laws] and is proven here, above, "On elections," "Long ago," 2, [section] "last," as is said in "On innovation," above, "On privileges," "On the part of," and chapter "That my intention."
By pretext of a voluntary concession, which, since it is ambitious, must be restricted, you may licitly retain only those benefices which you hold canonically. The letters d, e, f refer to the margin notes above.
g Apply himself. The same if [it is done] by another who has the power to mandate, for example a legate who has a special mandate for this; otherwise a legate cannot, as "On the office of the legate," chapter penultimate, [section] "We prohibit."
i To another. Expressly or not expressly, I do not care, although sometimes there is a difference, as "On the office of the delegate," "He to whom," and 1, "On probations," "He to whom."
k He. He who held the benefice.
Accepted from the Apostolic See a mandate, such as that a benefice he holds be offered and assigned to another by a received resignation, you cannot fulfill [this] if he, beforehand, resigns The text suggests a conflict between the mandate received and the state of the benefice.
l Human. Argument to the contrary, "On the office of the delegate," [chapter] "The delegate," [section] 1. Solution: By the proper meaning of the word, one must be absent who is not in human affairs. Digest, "On the signification of words," in law 1, [section] "last." Not so in proper signification is it said that he has renounced, as I will say, who is dead, since a renunciation is voluntary, that [death] is forced. Therefore it is different, and interpretation is made most strictly in rescripts regarding benefices. "On prebends," "Who," 1, and in consequences, "To this," Digest, "On the free and posthumous," law "Most conveniently."
m Since the reason [is not present].
n Through death. And in these, the form of the mandate must be diligently observed. "On prebends," "To whom, concerning 'not'."
Accepted a vacancy through death and a vacancy through renunciation are different, and therefore in letters obtained for benefices, if one is expressed, the rest do not come. This says [so]. It emanated, however, for the declaration of those things that the host. Hostiensis notes, "On the office of the delegate," [chapter] "On the part of," 1.
o Expressly. That he expressed himself as wanting, [and] it did not become vacant. It is made, chapter 2, and "On prebends," "On the first." From this he seemed to owe [it], and "On prebends," "To whom," [section] "not so." Because in time, in law, however, there is preference because he told the truth.
A benefice is offered to such a one by resignation or by any [other means]. "On prebends," "If by his own motion." To be preferred, as "On the same," "To you, who." Although that one is later, the first said either a falsehood The text describes a legal dispute over two claimants to a benefice; preference is given to the one who correctly describes the nature of the vacancy.
q To whom he was bound. Accept [this]: he who asserts it to be vacant, otherwise [the one who is] posing [it]. Digest, "On what you were bound."
r But if he said by cession, or otherwise by cessation.
Grace which you obtain from the Apostolic See over a benefice, you ought not to be considered as one who has deemed himself liable for other things. When it did not become vacant by resignation, but by death, the intention of the mandate appearing to express something else. If two obtain letters for the same benefice, the first of those [is preferred] through the death of him who held [it], but the second through the cession of the same, he himself positing it to be vacant. The second, since the benefice itself became vacant by cession, not death, ought to be preferred in the affection of the same. The same
and for the same reason I say
that, positing that no one
obtained the benefice
second, it will not be owed
to the one obtaining
who expressed it thus.
Nothing indeed to
your obtaining
did I do. Because
the first would have had
[the right] in the benefice
through a supervening
obtaining, without
a prerogative,
he would not have been able
to posit it. And this is the end.
I say that [it is] by the discretion
of the office, granted?.
t Through death vacant. Note therefore that one thing is to cede, another to die. To the same, "On prebends," "Who, to you," and "On the signification of words," chapter 6, [section] "last." Not that you renounce what is held toward the Church by death, as 7, question 1, "What." See in what [cases] this is: a man is separated from his wife by the judgment of the Church, which, as far as she is concerned, is considered as dead. 27, question 2, [section] 1. Just as a monk is considered dead to the world. 16, question 1, "It pleased," 2. Solution: The law says that by a fiction of law, the truth is not confounded nor deleted. Code, "On the law of donation," in affairs, in the present. Although therefore he may be considered dead as regards the Church itself, yet he is not dead, nor the same in all things as in a dead man. For he could again be reassumed into the Church, "On renunciation," "From the transmitted [letter]," which in a dead man cannot be done. Well did Jo. say that it notes in the aforesaid chapter "It pleased," 16, question 1. Now, civil death operates as natural [death], not in cases expressed in law. To the option, Digest, "On this," "From that part," [section] "in the," and Digest, "On donations," in the sixth and above, law "If last." Since, however, the law is elsewhere made in benefices, a broad interpretation in benefical matters which are considered ambitious, let it be made strictly, as "On prebends," "Who," 1, we will understand strictly of natural death, as it well sounds, and add what I will say, "On prebends," "Who," 2.
u Preferred. Note that that rule which says "The prior in time is stronger in law," to which acts "On the same," "To you, that," and "On prebends," "With whom," is understood when the cause of both is equal, as Digest, "On the rules of law," "He who comes, both." And I will say, "On the rules of law," "Who is prior." If, however, the priority is the cause of the posterior, the priority will be in law, as is held, "On prebends," "Those who," and chapter "Last, from the See." Digest, "On privileges," "Creditor," law "Privileges." Code, "Who is prior in pledge, hold," law "Last."
y Apostolic See. The same if by another. And make for this, "On the office of the legate," chapter...
z Liable. For it is a grace, a liable [one], because in the obtaining of the benefice, one suppresses some benefice, however modest, as "On prebends," "Who, by his own motion." Unless perhaps the Pope by his own motion offered the benefice, as there. It is well that the expression of the benefice
Grace: although you do not know a benefice conferred upon you, in the obtaining of another, you did not make mention of it. The letters are valid, provided, however, that you choose [between them]. These by law cannot be held simultaneously.