[Casus longi super V libros decretalium]

but it is doubted whether he ought to be received. Some said that he ought to remain deprived in this way. Others said that he was to be received since he wished to make satisfaction. Others said that he could not be received because of the oath without the license of the Lord Pope. Whence the Pope, being consulted, responds that the constitution was not intended so that such deprivation should last forever, since it stands otherwise by common law and the custom of the church, that one who is deprived of communion because of contumacy ought to be restored when he wishes to make satisfaction. The Lord Pope commands that he admit the said master, who wishes to obey, among the masters into the fellowship of the university.

Note that one who is simply excluded from the communion of others because of contumacy ought to be received when he wishes to make satisfaction. Also note that an oath is to be interpreted benignly.

On the part of the bishop

Case is posited thus: The canons of Autun original: "Eduen.", in order that they might abound in greater revenues, restricted the number of prebends in the church of Autun from ancient times, although their revenues were not diminished. The Bishop of Autun signified this to the Lord Pope. Wishing, therefore, not for the worship of the divine name to be diminished, but rather augmented, he commands certain men that they cause the ancient number to be observed in the church of Autun, and if they find that any prebends have become vacant since the time of the last statute, they should confer them upon suitable persons with the advice of the bishop, notwithstanding any constitution made on this matter by the canons themselves, or confirmation obtained from the Apostolic See. Note that the number of clergy cannot be diminished by the canons alone, nor is a statute made on this matter valid unless a peer original: "par" with certain knowledge observes it.

Since, etc.

Set the case thus: The Lord Pope Gregory

had made a certain constitution in the Church of Saint Mary Major and the City, which constitution is below, "On Major and Obedience," which begins "We establish," in which it is said that priests obtain the first place, deacons the second, subdeacons the third, and so on for the rest in their orders, even if they are admitted later. He who is greater in order is to be preferred in the portion to be given, even if he was received later. Regarding that constitution, it is doubted whether that constitution should be drawn to the past or to the future only. The Pope says that this constitution of the Apostolic See constrains all and ought to contain nothing obscure and ambiguous. And therefore he declares the aforesaid constitution, saying that this constitution ought not to be extended to the past, but to the future only, because laws and constitutions give form to future businesses and not to past ones, unless it is named in them concerning past businesses. Note that the Pope's constitution is general and binds all when it is made as law for all. Also, that he who constitutes a right ought to declare it himself. Also, a constitution ought to be open and clear. Also, a constitution looks only to the future unless otherwise provided therein.

On Rescripts

Set the case thus, so that all doubt may be removed: Someone, because of his own fault, because he frequently errs in appeal, was deprived of the benefit of appeal so that he might be punished in that in which he sinned. He obtained an indulgence that he might be allowed to appeal, and thus he was restored to common law so that he could appeal as before. Another person obtained letters against this one who had the indulgence regarding some cause. With appeal removed, he was summoned to judgment. This one, trusting in his indulgence, appealed to the Pope. It is asked then whether such an appeal should be deferred to.

Just as the Roman, etc.
Set the case

so that all doubt may be removed: Someone, because of his own fault, because he frequently errs in appeal, was deprived of the benefit of appeal so that he might be punished in that in which he sinned. He obtained an indulgence that he might be allowed to appeal, and thus he was restored to common law so that he could appeal as before. Another person obtained letters against this one who had the indulgence regarding some cause. With appeal removed, he was summoned to judgment. This one, trusting in his indulgence, appealed to the Pope. It is asked then whether such an appeal should be deferred to.