[Decisiones rotae Romanae]

is not safe. It suffices that he says, I appeal because the place is not safe. Also, it is where one appeals a grievance because it is not necessary that the cause be expressed, as noted by Jo. in the chapter Significatibus, on appeals, in the Novellae original: "de noui ope". But the contrary is argued in the chapter Dilectus, on prebends, and Jo. [Andreae] seems to say the contrary, namely that where one appeals a grievance, the cause must be expressed in the chapter Appellanti, on appeals, in the Clementines, and that the possessor need not assign the cause why he is excommunicated, see the law Si, Code, on excommunication, exceptions, with Si, to which note by the Archdeacon, on appeals, chapter Corbi, on the word Causam, book 6. Because that the cause be expressed has its place when one appeals from the Pope, according to one opinion, as in the chapter Corbi, cited, and see in the decisions 77, 116, 329, concerning the solution of expenses or caution to be provided, see decisions 357, and whether a judge given in the second instance absolves one excommunicated by the first judge given in the first instance, see in decisions 602, 656, 682, 829, 880.

On mutual petitions from reconvention. 61.

Note that in a case of appeal, reconvention does not have a place, as noted by Jo. in the chapter 1, on mutual petitions, and it seems to be the text in the law Ab ognicione original: "ab ognicione", Digest, on those cases in which one possesses.

On proctors. 62.

Note that where a proctor has the power of acting, defending, swearing to the oath of calumny, and with the power of substituting, such a proctor can settle and compromise, according to the proctor constituted with free power, as the law Mandatum, Digest, on proctors, with what is noted there, and noted by m.l. because he must provide for peace, in the chapter Qui ad agendum, on proctors, book 6, in the Digest and the chapter Ex multiplici, on decisions. And see above, decision 2.

On proctors. 63.

Note that where a proctor is given only to hear a sentence, such a proctor cannot appeal nor exercise any other act, argued and noted by Innocent in the chapter Peticio, on proctors, and the chapter Olim, on the office of the delegate, and by Jo. [Andreae] in the chapter Non iniuste, of the same title, in the 5th Potuitis, in the novella.

On articles. 64.

Note that in articles of objection, a term is not given to declare, argued in the chapter Constitucionem, on elections, in the Clementines, and noted by m.e. in 1, generally, on the rule of law, by Jo. [Andreae] and the gloss; from this some wish to say that in a case of appeal, objective articles do not come to be declared because it is imputed to the party that he did not provide from the beginning, although it seems to the contrary that he who declares does nothing new, but clarifies what has been done, as the law Heredes palam, Digest, on testaments.

with what is noted there, to which makes the law G in die, Digest, on the work of the builder, joined with the law 1, section Preterea, on the contrary tutelage, Digest, and by this they wish to say that articles which were not given in the principal cause can be given in a case of appeal, and the chapter Constitucionem, on elections, in the Clementines, has a place in an appeal badly formed, and that in a case of appeal, objective articles are first to be given which were not given in the principal cause, makes the chapter Cum a repulsione, on appeals, in the Clementines, with what is noted there by Jo. [Andreae] on the word Inepre, see chapter 1, on exceptions, extra, because it is not proven, say that objective articles which otherwise would be repelled are admitted when grace is obtained, as in decision 878, where entirely decision 607, and also see in Iram, on the word Obiectus, and the letter A, on the word Appellatio, where you will find much on this matter in various questions. And see entirely in decision 261, 262, 178, 326, 330, 388, and see entirely in decision 668, 329, 420, 421, 427, 473, and see decisions 41, 76, 475, 649, and following.

On the restitution of those despoiled. 65.

Note that where one seeks the restitution of a benefice, of which he sees himself despoiled, it is necessary that he previously, through possession, had held it from that which he had the authority to institute, as noted by Innocent in the chapter In iris original: "in iris" in the gloss, near the end, on the restitution of the despoiled, and the Archdeacon in the chapter 1, on him who is sent into possession, the cause of the matter reserved, 1, 6. And Jo. [Andreae] puts this in the additions to Speculator, in title 1, chapter on the restitution of the despoiled, and Jo. de Lig. in the chapter Ex parte, on the restitution of the despoiled, and this the Roman Curia holds.

On the taxation of benefices. 66.

Note that where a benefice is once taxed by those who have the power of taxing, from such taxation the benefice is seen to be taxed unless some act intervenes contrary to the taxation, and put the case that for many years it stood that the tithe was not paid for that benefice except for that time for which it was taxed, the taxation once made does not have less force because if afterwards it did not need tithes, it is not seen on this account to be remitted, since the taxation previously made is valid, argued in the law 1, at the end, Code, on the decurions. And see in decision 73, after the middle, 223, 189.

On resignation and the exchange of things. 67.

Note that he who resigns a benefice through a permutation exchange is seen to lose all manner of possession if, after the resignation made, the permutation follows, since by the resignation he lost the right of the benefice, much more strongly is he seen to lose possession, since more easily