[Liber sextus Decretalium]

a We grant. Whether a legate a latere a papal legate with the full authority of the Pope can give a similar grace, Io. de Deo discusses in his questions, and Guil. in his Speculum, title "On legates," section "Now let us treat," at the end.

b Of the intention. Note that one must recur to the intention of the writer; see above, "On these titles," just below, "On celebration," chapter 6, and above, "On decrees," chapter "While it is implied."

c To another. To a use, for example, of the table the support of the bishop's household.

d Statute. Note that all privileges, statutes, and customs strengthened by chapters, convents, or colleges of cathedral churches and conventual churches, or by individuals of the same prelates, so that they might divide the goods of the churches themselves while vacant, left by the prelates, or accruing during the time of vacancy, or divert them to their own uses, are today revoked and quashed by the decree: see below, "On elections," "Because often." This, however, does not hold in other benefices; see below, "On the office of the present," at the end.

e Concession. In the aforementioned, made to him.

f Cease. To the same: see above, in this same [title], "When some."

g Prejudice to any. Unless this word were so general, this decree could be understood thus: that no absurdity would follow from it. Namely, that the fabric or that use or other particular persons might have the revenues of the second year. But this privileged person might have the revenues of the first. And thus it will follow well, according to the clause of the privilege "with any customs, privileges, etc., not standing in the way." Others say that that fabric or those others will be content to have the revenues of the first year, because the Pope does not intend to derogate from them but only from the successor. But this privileged person will have the revenues of the second, which is the first for him, otherwise regarding the successors or the beneficed person. And thus he will be the first, and thus there will be no prejudice from any delay generated for the fabric. But if this could impede the concession, which is against the tenor of the grace itself. Put the case that in the fifth year, in which the grace is finished, the benefice falls vacant; if the fabric has the first revenues, the bishop will have nothing. Also, what will that clause "not standing in the way" achieve, since for the successor, without that clause, [there would be] prejudice?

...we grant it, and it is by no means our intention that if the fruits of such a church should perhaps be owed to the fabric of your church or to another use or to any particular person by special custom, privilege, or statute, that this would generate any prejudice to them regarding the process itself, unless this is expressly cautioned in it.

A statute which concerning the right

but afterwards he says it to have been thus in fact. To this: see above, "On the faith of instruments," chapter "Well erased" or that which is concerning the fruits of all vacant benefices up to a certain time, as here also in one or more benefices and the diverting of its revenues for the use of the prelate, the license of the Pope will not be necessary. Because since a bishop with his chapter can alienate, much more strongly can he perceive the proceeds.

...so that the first reading pleases me more, and is more friendly to the letter, so that we say that this was the doubt of the decree: whether through this occasion made here, namely "with any customs not standing in the way," it would seem to derogate from the fabric, use, or particular person itself? So that from the time when by the vigor of that privilege they cannot have the revenues of the first year, they might have no more, and the Pope answers that they will have

h the revenues of the second, which for him is the first, so that that clause "not standing in the way" might aid this privileged person only, and not the successor. Io. An.

the revenues of the second, which is the first for him, so that that clause "not standing in the way" might aid this privileged person only, and not the successor.

You say from himself, by the deputies we have recently issued, since certain things contained in it which were believed to have been introduced for the common utility, as experience has taught, are known to tend toward harm; by the sanction of the present, which we command to be observed irrefragably, persuaded by utility, we have thought to reform it for the better. We decree, therefore, that no one in a dignity

i Statute. Although this decree is divided differently by paragraphs, I divide it into four main parts. The first lasts from the beginning up to the section "Furthermore." The second from there up to the section "Moreover." The third from there up to the section "That which." The fourth up to the end. In the first, he establishes in which forms and in which places cases are to be omitted or treated by the Pope, or by legates or delegates themselves. In the second, he provides concerning the exactions which were made in judicial proceedings by the legates themselves, their assessors, or the scribes of the case, and he imposes a penalty. In the third, he provides concerning the summoning of witnesses to the judgment which were often made maliciously, and for the cause of fatiguing the witnesses or extorting something from them. In the last, he decides as null and void whatever had been done against the aforementioned statutes.

j Statute. It speaks of his own promulgated decree which began "We establish." He also reforms the decree of Innocent IV, in the same title, "Present," which we do not have today, and the decree above, in this same [title], "Not a few."

k Concerning papal legates or their delegates, as will appear below.

l Cases, etc. Here indeed they were not distinguishing whether the actor and the accused were of the same city or diocese, or of different ones. Likewise, he adds that by the express consent of the parties, the place which has been deputed can be recognized or omitted by either. If you refer to the aforementioned decree, according to that, the omission can be made in collegiate honorable [churches] and in cathedral churches, whence according to it, they seemed to be able to commit cases to honorary [canons] and to any beneficed persons in such churches, which was absurd. But this provides that the omission is to be made only for the canons of cathedral churches; the custom is to be observed.

m Common utility. Which law will be in distinction... and above in the beginning.

n Believed. And it was in doubt at the time of the... in these. This...

o Experience. To the same: see below, "On elections," section "It makes," and [Digest] "On the law of intention," law "Legate."

p Toward harm. According to the variety of time, variously proposed statutes. Read "to harm," distinction..., quest..., 35, question 5, "Concerning the sentence of excommunication," chapter 6, in the beginning.

q Concerning the office of the legate. Note: with its concordants. So also a privilege, when it tends to harm, receives revocation or moderation from the Prince: see above, section "Decree suggested," below, "On privileges," chapter 1, and chapter "By authority," and chapter "Faithfully."

r Sanction. Sacred authority, to which a penalty is added, which say as is noted.

s Better. It is more praiseworthy, which is in the distinction, in summary.

t Amended. In that which was found before. [Code] "On the veteran law," law 1, section "Finally," nor...

u To reform. In that it is not corrected in whole but in part, that statute, as you will see below.

v Dignity. Dignity is taken in many ways, which say as is noted in Io., in 4, distinction, "Concerning the greater," and Vincentius, and above, "On the cleric who does not reside," etc., 3. Here, understand it as regarding ecclesiastical dignities.