[Decisiones rotae Romanae]

possession is proven, as the law Si quis vi, section Differentiam, Digest, on acquiring possession, and when the permutation has followed at the time of the resignation, sometimes the whole right is seen to have passed, as is said in the similar [case], Digest, on the mandate, law 51, joined with the law Si cum optione, section, on the work of the builder. This, namely, says Innocent in the chapter Inter cetera, on prebends, in the beginning, where he says that possession does not pass under a condition made, if the condition follows, section Si modus sequatur, and if the permutation follows, possession is seen to have passed from the time of the resignation. Item, this resigner cannot be said to possess civilly after the resignation, since he is not the owner of the benefice, nor as if possessing in his own right, which is to possess civilly, nor can he be said to possess naturally, since he is not as a usufructuary or as one having a right in the thing, which is to possess naturally, law 1, section Deici, Digest, on violence and violent men, and because he resigned his right, he is seen to lose the possession which was joined with the civil [possession], since he lost the civil, which in doubt is seen to have deduced the whole right, as the law An eadem, section, Digest, on exceptions of the adjudged thing, wherefore it is seen from these that such a resigner by reason of the permutation is seen to lose all manner of possession, as if he is expelled, the interdict of restitution will not be wanting to him, and this if the permutation follows, because if the permutation does not follow, the possession is seen to be resolved by the law itself into the resigner himself by reason of the permutation, as is said in the similar [case] in the law 1, section, with what is noted there, on those things which are ejected, to which makes noted by the Archdeacon in the chapter Si beneficia, on the word Revertuntur, on patents, book 6. And see the said decision 99, 391, and 399.

A red paragraph mark indicates the start of the section on renunciation and restitution. ### On renunciation and the restitution of the despoiled. 68.

Note that although after spoliation a renunciation over a benefice is not valid, as in the chapter Sollicite, on the restitution of the despoiled, it is good, namely, if the petition of restitution is renounced by pact, as noted in the chapter Super fundum, on the word Renunciatum, on renunciation, by Innocent, to which makes the law Si quis rationes, on the legal laws, joined with the law Unus, section Illud and section Pacta, Digest, on pacts, see the said decisions 418 and 216.

A red paragraph mark indicates the start of the section on the cause of possession and ownership. ### On the cause of possession and ownership. 69.

Note that in a case of appeal, the petitory action can be suspended, although in the principal case it cannot after conclusion, as in the chapter 1, on the cause of possession, in the Clementines, because a case of appeal is seen to be a different cause from the principal, as the law Cum appellatur, Digest, on judicial solutions, which understand that in the principal case, until the conclusion, the petitory action can be suspended, as noted in the chapter Pastoralis, on the word Petente, by Innocent, on the cause of possession, unless it is proven that the defendant has right in the property, because then if it were certain of the right of the thing, it cannot be suspended by the actor's petitory action, as is evident there.

A red paragraph mark indicates the start of the section on the adjudged thing. ### On the adjudged thing. 70.

A red paragraph mark indicates the continuation of the section on the adjudged thing. Note that where the defendant stands on the non-right of the actor, the defendant is not to be removed from the possession of the benefice, which holds, put the case that the defendant may not have the right, as noted by Apost. in the chapter Mandatum, on the adjudged thing, and Innocent in the chapter Ex insinuacione, on proctors, to which makes the law Si, Code, on the selling of a thing, and what is noted by Innocent in the chapter Cum frater, on the restitution of the despoiled, in the gloss on the word Fatemur, better in the chapter Cum Bertoldus, the gloss Mirum, after purification, or you may, on the adjudged thing, yet the text is seen in the chapter Olim, on the adjudged thing, at the end, to which the law 1, Digest, on uti possidetis. Indeed, according to some, such possession could give objections against one who does not have the right, because it is just that one be in possession until it is certain of the right of the actor, especially if from the beginning he had colored possession, argued and noted by the Archdeacon in the chapter Licet, on prebends, book 6, to which makes the law Loci corpus, Digest, on the selling of slaves, law Paulus, section Si, on the modes of pledge or hypothec, and it is the text extra, on the restitution, Significavit. See entirely the said decision 419 and 420 and following.

A red paragraph mark indicates the start of the section on the restitution of the despoiled. ### On the restitution of the despoiled. 71.

Note that where someone holds a hospital or leprosarium, if he is removed by a superior because of some crime that is imposed, to such a person is given restitution to such a hospital until it is proven against him, and this I understand to be true if he was removed because of a crime that did not concern administration. But if the crime concerns administration, because he is postulated as a suspect because of bad administration, then he will not be restored, as in the chapter Quia contingit, on the religious house, in the Clementines. So it is said in the similar [case] that the suspicion of tutors is not solved by the fact that he is accused of administration; otherwise, if of another crime, although they concur, law, Digest, on judicial solutions, law Si forte, section 1, with the law Quis, otherwise begins Calidodius, of the same title. Item, it is the interest of that person that he purges his fame, and that he is not despoiled meanwhile, as is said in the similar [case] that it is permitted to the administrator to defend his fame, as the law Que omnia, Digest, on proctors.

A red paragraph mark indicates the start of the section on the competent forum and the right of revoking a gift. ### On the competent forum and on the right of revoking a gift. 72.

Note that where someone seeks the right of revoking a gift because he is a legate envoy or delegate or otherwise, that if he is not impeded in the legation because of that which is sought from him, he is bound to answer, as if he seeks that answers be given to interrogatories or to another cause from which he can easily free himself, argued the law Si legatus, Digest, on the Trebellian senatus consultum, see decision 186.

A red paragraph mark indicates the start of the section on the adjudged thing. ### On the adjudged thing. 73.

Note that where execution is made over a thing over which it is recognized and adjudged, in the execution a summary cognition is not to be made, otherwise if over other things, as noted by Innocent in the chapter Cum, on the word, at the end, on the adjudged thing, in the gloss, and see by him, noted in the chapter Ex ratione, on appeals, and noted by Cyp. in law 1, Code.