[Liber sextus Decretalium]

dispensation does not operate, but this only [for those] which are not called surreptitious. As "On that title," "Not able," [section] "last."

a Before. Because if it had been after, there would have been no doubt. accept

b Ignorant. The same is to be understood of one who knows, whether before or holds the same collation as ratified, since when the benefice cannot be said to be his, it is not necessary that mention be made in it. "On prebends," "If to you, absent." And note from this decision, that those ecclesiastical benefices which are licitly conferred on an absent person, if he sends a proctor legal representative, he is constituted [as present] even if absent, as "On proctors," law 3, and Digest, "Who by a proctor," law 1, in the end, if perhaps the proctor being present had a mandate for such [an act] and had ratified and accepted [it], through that which is said in the end, to retain, or say because in benefices or in letters obtained for benefices, much may be silent that could move the mind of the granter, even of

in such a benefice before he accepts, mention must be made. For this, "On the same," in "In our," and "On prebends," "Who," 1, and chapter "If by motion," especially when he has a right to the thing. "On the office of the prebend," chapter last, in the aforesaid decision, "To you." he was bound, because it is not human, as 'On ecclesiastical benefices', 'no one'

c Did not know. For one should not divine. as "On prebends," "Who," [section] 1, and chapter "In"

d Both nevertheless. That is, obtained from the Pope and conferred by the bishop.

e By law held. That is, what are these benefices that cannot by law be held simultaneously? On this see in Speculum a legal mirror/handbook, title "On the legate," [section] "It remains." That, however, one could say according to Hostiensis, who holds this, "On elections," "Long ago," "On prebends," "When already long ago," that to have pious benefices not requiring care, and which by custom or statute do not require residency, is not a sin, nor do the laws oppose it, but in stable [benefices], but they could be understood. Or one could say according to Goffredus, that this is not [a sin], "On clerics not residing," chapter 2, that by law one can hold parts of prebends of which neither by itself suffices. He alleges "On that title," "Searching," which makes [the case], and elsewhere "On prebends," "When we are bound." Or say that it speaks of benefices united, annexed, or of prebends; those indeed can by law be held simultaneously. But this reading does not proceed; for by the collation of one benefice, which was not necessary for the collation of the other, whence one could say the opinion of Hostiensis is true, which custom follows, which the Pope knows and tolerates, or at least the opinion of Goffredus. Argument "On the same," "In the rose," argument by the [text] "On the same," "On prebends," "He to whom." Or say that this letter speaks of those benefices which by pretext of custom or statute on this matter can be held. To the first, "On the office of the prebend," "In the thing," [section] "last," and to the common law, "When all," and it is similar by law, "On the liberty of the Church," chapter 1, "On elections," "When mandated," at the end. To the first to the contrary, "On the office of the prebend," "The letters," [etc.]. That is special in two benefices in one and the same church, otherwise in different ones, whence they seem to make... see Host. Hostiensis in the aforesaid decision, "Letters," in the gloss, "Notwithstanding," in the end.

e You cannot. By common law; dispensatorily, however, one could [hold them]. And if one asks by whom it can be dispensed, see that note 70, distinction, "Of the saints," 21, question 1, "If anyone," already translated, "On elections," "Long ago," note, "On prebends," "Of many," "On the concession of prebends," "Letters," and "On custom," chapter 1.

f You choose. Thus also formerly an election was given to him who held two beneficed offices simultaneously, "On prebends," "Referring," chapter "Furthermore." Today, it is otherwise, "On that title," "Of many." But might one, after one is chosen, be able to change his mind and choose the other? Argument that yes, 9, question 6, "In these cases," above, "On elections," 1, "Cautions," by law pari equal, "When," which makes [the case], "On the office of the legate," "Who," and "On proctors," "Who," and "On the restoration of status," "Mine."

The image description in the manuscript, while not explicitly marked in the OCR, relates to the legal proceedings regarding the resignation and re-granting of benefices.

a benefice from your bishop before, to you absent and ignorant, conferred, at the time of obtaining [the new one], you did not make mention, while not knowing [of the first]. Both, however, if such are the benefices which simultaneously cannot by law be held, you cannot [retain both], but you must choose which of them you prefer to retain. The same The notes in the margin discuss the legal requirement of declaring existing benefices, even those conferred without the recipient's knowledge.

a Restored. That to the grace revoked

b Grace. Granted perhaps by Nicholas IV or Celestine V.

i Provided. Nor was it provided for this, nor did they arrive at possession, whence they had a right not in the thing, but to the thing. "On the concession of prebends," chapter last.

k Next. About to be vacant, which only the Pope can do. "On the concession of prebends," chapter [not numbered].

l Revoked. We do not have the tenor of this revocation, but mention is made of it, "On prebends," chapter penultimate and antepenultimate, and "On the concession of prebends," chapter last. The revocation of the letters of Nicholas began "Formerly to the apex of those," Celestine, "Formerly Celestine," and chapter "Long ago."

m After revocation. The same and much more so if before revocation.

n Simultaneously. Namely of the benefice next

o Expressly. We said; for this the Pope can do [regarding one] about to be vacant. For this, "On prebends," chapter penultimate.

p Since such. Lo, the reason. And note that in the contrary [case] it seemed so, because restitution is the repair of the prior state, and restitution restores to the former state. Argument 15, question 6, "We sanctify," and chapter "Curates," and "On elections," chapter 6, "Diligence," 9, question 3, [section] "to be noted," at the end, and Code, "On sentences," law 1. Restitution indeed in the work is such that it neither benefits nor harms what happened. Digest, "From what causes," law 1, 2, "Things not." But the contrary is true, as is held here. Thus, for this part, the question ought to be terminated by the decision "On renunciation," "From the transmitted [letter]," question [section] "similarly," "From the insinuation," and "On pledges," chapter "Last," where if, by the will of the creditors, the pledge of the debtor is sold, if it comes again to the debtor himself, that sold thing does not revive the hypothecary action which he had from the beginning. For an action once extinguished... Code, "On conditions," "You inquire." Digest, "On payments," "Who things," [section] "the area." To the contrary, it is answered that here there is not truly a restitution first, because there is a new concession by the aforesaid laws. And note that this decision makes an argument on the dominical question: namely, whether a bishop, against the will of the patron, can restore a priest deposed by himself, and Goffredus determined, "On renunciation," "From the transmitted [letter]," at the end, that he cannot. Code, "On marriages," "If as you propose," 9, where it is said that in restoring a marriage by the daughter after divorce, the consent of the father is required, just as at the beginning in contracting [it]. To the contrary makes "On renunciation," "After translation," "On Jews," "Jews from the city," and chapter "Consulate," concerning those things which are done... "On the apostolic," 7, question 1, "Them." And note about this, 23, question 8, "Nebuchadnezzar," in the whole, said Hostiensis, [the] opinion of Goffredus [is] true when restored from an infracted thing; otherwise if by the prince, by the laws above, by restitution introduced... Above, "On benefices," 1, "In the division of the gall," which begins "If a priest was," he said that if the deposed [person] appealed, he can be restored against the will of the patron.

Although he, for whom by which he was mandating continues from previous page ...is restored, it is understood that he is restored to the grace revoked without prejudice to another. Whence he ought not to be preferred to another obtaining [it] before the restitution

in a certain church to be provided, [and] it was revoked by us concerning the benefice about to be vacant first, he is restored by us anew to the same. Not, however, to him to whom, after the revocation and before the restitution aforesaid, similar grace was made in the same church; we shall not have expressly said that it ought to be preferred, since such restitution, where nothing else is expressed.