[Liber sextus Decretalium] (1476) - Page 21

And it is not surprising, for causes can be omitted for those older than twenty years, as is seen above, On the office of the delegate, chapter "Since the twentieth," by anyone, and even by those younger than that, by the Pope, as noted there, and in the Digest, On the status of things, law "Some were consulting." It is certain that one who is in a dignity or a position of authority personatus office of authority/prebend should have reached at least twenty-five years of age, as noted above, On elections, chapter "Since among all," and thus it is seen that causes cannot be committed to those under twenty-five years of age. I say this for those who have not attained that age. Solution: If causes could not be delegated except to persons established in a dignity or position of authority, then the objection would proceed. However, they can also be committed to canons of cathedral churches in whom such an age is not required, as is proven below, On elections, chapter "From that," which I said above, in this title, "If during that time," and thus the objection does not proceed. I also say that someone can have a dignity or position of authority by dispensation, even if under twenty-five years of age, by dispensation of the Pope or Bishop. The first part is clear according to the law, and the second is proven below, On age and quality, chapter "One."

to those endowed, or those obtaining a position of authority, or canons of cathedral churches, causes may be committed by the authority of letters

a ¶ To those endowed: that is, endowed beyond others, for a dignity is a certain preeminence in the church, as noted above, On the signification of words, chapter "Any."
b ¶ Obtaining: the same applies to their officials, foreign representatives, and to religious and cloistered prelates; speak as in the Clementines, chapter "On this," and here "principal," above, "If it is cathedral," and thus alone.
c ¶ Cathedral: it is sufficient that it is such as formerly was held concerning honorable collegiate churches, although even today it is in another comparison, as noted below, On elections, chapter "Because often." Elsewhere cathedral and regular churches are compared, as above, On elections, "Lest for lack."
d ¶ Canons: having, therefore, a perpetual office in a cathedral church, whether a dignity, a position of authority, or a canonry, of which it speaks below, title 1, chapter 1, the cause cannot be committed since it does not explicitly state these. Also know that these canons can be delegated; however, executors cannot be given, since the decree below, On the office of the delegate, does not explicitly mention them. Because, as I said above, a canon can be older than seven years by the decree above, On elections, chapter "From that," and I spoke of this above, in the same title, "If during that time." If a cause is committed to such a canon, shall we say the letters are valid? It seems so, because this last decree on this matter requires only that he be a canon of such a church. ¶ To this we shall stand. I believe the contrary, and I say that if a cause were committed to such an infant, if it does not appear that it was done with the certain knowledge of the Pope, the commission does not hold. And I say the same if it is committed by another than the Pope to one under twenty, by the aforementioned decree "Since the twentieth," which I do not say or believe to be corrected by this one. For what is not changed in the Code, On testaments, law "Sanctum," and "Correcto vino" must be avoided, as above, On elections, chapter "Church," and below, On elections, chapter "When it is expedient," in the present. Nor does this decree say that this is sufficient, but that this is required, hence it does not contradict others. By the same reasoning, it should be said that as long as he is a canon of a cathedral church, or in a dignity or position of authority, he cannot be expelled by plea of the exception of excommunication, infamy, enmity, or other just cause, which is absurd, and is final, which note below, On elections, chapter "Although canon." ¶ And note that it says "to canons." Formerly it said "in institutes," hence it seemed that causes could be committed to anyone instituted in a cathedral, even a residentiary, which today is abolished by this decree. Not that it is presumed by dignity and place, for the more one presides over better things, the greater he is in the eyes of the saints, that is, it is to be presumed, as in the Authentics, On the sentence of the common, at the end, by me in the columns, section "We therefore," etc. In the 61st Distinction, "We wonder," 62nd Distinction, "Metropolitan," above, On prohibitions, "When in youth," 1st Distinction, "When of masters," chapter 1, and chapter "Because," and chapter "Above the mirror," at the end. And if at the time of the date one were a canon and at the time of the presentation not, I do not think it can proceed, nor vice versa. We look, indeed, to the beginning. To this, above, in this title, chapter 1, not chapter "If during that time," above, On elections, "Formerly," which note there. Digest, On the senate, "Woman," Digest, On judges, law "Blind."

e ¶ Causes: these are not omitted without jurisdiction, as above, On the office of the delegate, "Furthermore." Not that it prohibits that the hearing of any article or mere execution can be committed to any cleric.
f ¶ Of letters: suppose that the Pope in the letters calls some simple cleric. Will the commission be valid? According to Bernard and all, they say no, this exception has no place here, since the Pope knowingly omits it, because he does what he can do, contrary to this constitution. This is understood excellently, as above, On provisions, chapter "Since formerly," 2nd question, "Meanwhile." And note that according to Innocent, if the chancellor gives judges of his own accord, this stands, and this exception has no place, for it must be imputed to the party that they did not ask for such a judge, as is seen there, chapter "If B.," etc. And the Ostian says that he does this from certain knowledge, which I understand if that is expressed in the letters, as below, On prebends, "If by his own motion."

of the Apostolic See or of its legates, shall not be committed in the future, nor heard elsewhere than in cities

g ¶ Of the Apostolic See: what about ordinaries? Will they be bound by this constitution? Say according to Bernard and all that they will not, and by this reason: Bishops and ordinaries have better knowledge of the clerics of their diocese than the Pope has of the clerics of the whole world. Hence, if ordinaries commit a cause to a simple cleric, the commission holds. Suppose also that the simple cleric is excellent in decrees, then further, it is not an absurdity that even a rude and unlearned cleric might act in the place of a bishop, as it would be that he would act in the place of the Pope. Therefore, this constitution should not be extended to ordinaries. It is "as if," which is accustomed to be said, as above, in this same title, "Not some," and below I shall touch upon this.
h ¶ Of legates: because the word is used generally, I understand this letter generally in all legates, of whom there are three kinds, which speak as above, On the office of the legate, chapter "Penultimate," and here in this same title, chapter 1. This I think is true indifferently, since they commit by virtue of the legation, and understand the same in delegates, namely when they commit by virtue of the delegation, below, chapter "If in nothing," etc.
i ¶ In the future: it does not extend to the past, as above, On constitutions, chapter "Last." What is the value of the process? Bernard and all after him said it.
k ¶ Be committed: suppose that a commission has been made and the party does not except. Will the process be valid? Bernard and all after him said that the party could tacitly and expressly renounce this law. It was introduced, indeed, in their favor, so that bishops and great clerics might not be forced to litigate before rude and unlearned clerics to their opprobrium, and sometimes lose their right because of their rudeness. And it makes for this in the Rule "To the Apostolic," with its concords, below. Today, by this final decree, I believe the contrary, where it is invited that it is in itself void and vain, which I touched upon above. This seems to be introduced not only in favor of the parties, but also in favor of the Apostolic See itself, so that it may not be vilified in such a minister, 61st Distinction, "In priests," "Since if."
l ¶ Nor heard: note that this sentence does not prohibit the commission, but the agitation. And the same was in the aforementioned decree, "Present." If, therefore, the commission is made outside other places, provided the cause is heard in these places, it has been satisfied to this response according to Bernard and all, according to the argument above, in this same title, "Not some," On exceptions, "Formerly," and below, 1st book, section "And that saved," which is said there. And to this, Digest, On what is satisfied, law "Of sureties," section 1, where it is said that to whom it is difficult to give surety in one city, he is sent to another to give it.
m ¶ In cities: a city is defined by the circuit of its walls, regularly. And if it were heard in the suburbs, I believe the same, according to the argument below, On the sentence of excommunication, chapter "City," and he says well "in cities," because in them it is presumed that there are experts. Thus also bishops are to be established only in cities, 80th Distinction, chapter 1, On provisions, chapter 1. And laws and arts are to be taught in the cities of kingdoms, as in the proem, Digest, section "This however," and On the laws.