[Liber sextus Decretalium]

otherwise not noted. He says that if a bishop precedes in restitution, it is valid, otherwise not, which Host. Enrico di Susa, also known as Hostiensis, a prominent 13th-century canonist approves in the aforementioned decree "From that transmitted," and in "On elections," "It was made known." And make [a note of] what is noted there in the last gloss.

a It should be understood. Concordant: just below, in this same title, chapter 2.

b Leo — through letters for benefices obtained he will not be able, because although now he is of age, at that time he was a minor.

It should be understood to be done without prejudice to the right of another. The same.

c If in this case he contradicts this decree: see 8, "On prebends," "To him to whom," where it is explained.

d With cure, unless it had been expressed. In [a matter] of a curacy, one cannot be provided for: see 8, "On prebends," the last chapter, and below, "On prebends," "When in those."

e Suitable, i.e., twenty-five years of age: see above, "On elections," "When in all."

f Effect, we hope that it makes a beginning: see above, "On elections," "A long time ago," 1, and what is noted there. Neither does the passage of time confirm that which by law was not valid from the beginning.

j Below, "On the rule of law," "It is not confirmed," with its concordants.

g At the time of the date; note here that the time of the date is to be considered here, see above, "On this same," "That you," and below, "On this same," "To you who," and "On prebends," "To him whom."

h Suitable, because of the defect of age.

i Cure of souls; in those who are promoted to benefices with cure, greater suitability is required than in others. And therefore, if it is commanded to be provided for with dignities, personages, or benefices, without mention of a cure, it cannot be provided for with curacy dignities, personages, or benefices: below, "On prebends," "When in those."

k Benefice, because it could be doubted lest that useless addition "with cure" might vitiate the entire precept. For even if it could not be provided for with a simple one, therefore he annexes what follows. And thus note: the useful is not vitiated by the useless: below, "On the rule of law," "Useful," with its concordants.

l Without cure, because of itself it does not have a cure. But those [others] have a parochial and curacy church attached; say as I shall say: below, "On prebends," "On that title."

m Then, i.e., at the time of the petition.

n Age, i.e., what is a suitable age in a suitable case: see above, "On prebends," "Regarding the ordained," where Hostiensis holds well in the canons, besides the maturity of counsel which is required in them, for there boys are said to be not suitable for obtaining benefices. But it is certain that an infant is up to seven years, a boy, however, from seven to fourteen; after fourteen years, an adolescent: [Digest] 29, question 5, "Boys," and [Code] "On false money," law 1, and I said above in "On prebends," near the end, see what is noted there. It can be said that "boys" there refers to those under seven, and these are said to be unworthy. Seven-year-olds and older are said to be suitable, since such can be ordained: 27, distinction "Of these," section "And in benefices to be titled." Argument from "On prebends," "When." To this, what is said above, "On elections," "From that because," makes for this well. And I understand this so if there were such benefices which by rule, order, privilege, custom, or statute or other manner might require [age]. And make [a note of] what I will say: below, "On prebends," "To him whom." Are bishops able to dispense today regarding age? See "On elections," "When the beloved," and I shall say: below, "On elections," "Although the canon," and "On age and quality," chapter one.

o Lawfully. They say this because they can lawfully do so: 22, question 2, make [a note of].

p Because of yours. The Pope granted the bishop the privilege that the fruits of the benefices of the first year falling vacant in his diocese might be reserved for him. And it was a grace that was to last up to five years, with the attached privilege that customs, privileges, or statutes by which his concession could be impeded would not stand in the way. A certain benefice fell vacant whose revenue of the first year, by privilege, custom, or statute, belongs to the fabric of the church or to another use or to some particular person. It is asked to whom the revenues of the first year of this benefice should be due. It is answered according to one reading: that they belong to the fabric, so that they may use it, or to the particular person, unless in the concession made to the bishop anything else were explicitly cautioned, or say as below in the last gloss.

At the time when we commanded to be provided for you concerning a benefice with or without cure, you did not have a suitable age for obtaining a curacy benefice. Although you are now lawfully of age, by the authority of those same letters, at the time of their date you were not yet suitable for a benefice having the care of souls, nor...

vacant in his diocese to be reserved. And it was a grace that was to last up to five years, with the attached privilege that customs, privileges, or statutes by which his concession could be impeded would not stand in the way. A certain benefice fell vacant whose revenue of the first year, by privilege, custom, or statute, belongs to the fabric of the church or to another use or to some particular person. It is asked to whom the revenues of the first year of this benefice should be due. It is answered according to one reading that they belong to the fabric, so that they may use it, or to the particular person, unless in the concession made to the bishop anything else were explicitly cautioned, or say as below in the last gloss.

can be provided for. But for a benefice without cure, having sufficient age for it, you may lawfully obtain it through them. The same.

q Your due. To the same: below, "On prebends," "If to you."

r Fruits. Note that he does not have to retain the benefices through the fruits, whence as I said above, in the gross, in this case the benefices are vacant, whence to him to whom the election pertains, he necessarily has to elect [someone] within the stated time, and it makes for what is noted above, "On masters," "Because of none." And this is proven sufficiently: below, "On prebends," "If to you the concession."

Because of your due for fostering, the fruits of the benefice of the first year which will fall vacant in your diocese, to you, with any customs, privileges, or statutes not standing in the way by which our concession could be impeded, up to five years, by special...

s First year. What will you say? Shall this year be calculated from the day of the collection of the fruits, or from the day of the vacancy or death? I believe it should be calculated from the day of the vacancy, whence I do not believe this should observe the law regarding the vassal which says that if a vassal dies after August and before the first of March, it belongs to the lord, otherwise to the vassal or his heir, as in the Book of Fiefs, title "Law of the realm," chapter "If the vassal." This, I believe, means that from the day of the vacancy up to the year, whatever will accrue to the benefice and will be separated from the soil, it will all belong to this privileged person. For I compare this privileged person to an usufructuary who makes the fruits separated and stored his own: [Digest] "On usufruct," law "To the trees," section "Julianus," otherwise it begins "If a thief." According to the moderation, however, of time, see below, "On the office of the present," section "Furthermore," and make [a note of] what they say there. And I say that this year will have 365 days; whence if the church fell vacant on the first day of the month, in the following year on the first day of the same month the year is finished. And make [a note of] what they say: below, "On elections," "How much." And if it were a leap year, those two days yield to him as for one, for they are counted as one, as see above, "On the signification of words," "Which was," [Digest] "On the signification of words," "When the leap year," [Digest] "On diverse and temporal," law 2. Although it is otherwise [Digest] "On the state of the free," law "When the heir," section "Stichus," this [refers to] penalties or hatreds which are to be softened: "On penance," distinction 1, "Penalties," below, "On the rule of law," "In penalties." And make [a note of] what is noted in the aforementioned decree "Which had 55 days," chapter 2, "If by common collation," or

t It was vacant by death, renunciation, deposition, or any other mode. What if by permutation, namely, that he made [it] by decree: below, "On permutation," chapter one. I think the contrary, because it cannot be denied that the benefice is vacant by permutation, and equity is preferred to the rigor of the law only in that case in which it is found in writing, not in others. For a rule is not to be given from that special case. I differ, and although it intends through the clause...

u Impediment. Otherwise than if the letter does not intend to remove impediments, but it does not intend to remove delays, although it could be impeded by delay, as I shall say below.

x Five years. He narrates the fact. The same, indeed, regarding the following and later time. Know that he ought not to have been burdened regarding the rights of future successors through a special grace, according to the utility of the churches: see below, "On elections," "Because often," and "On the office of the present," and I understand this grace and that which follows according to the moderation of that decree.