[Casus longi super V libros decretalium]

to be sent to other judges. Some, having obtained a mandate from the other party, mandate someone to denounce the adverse party as excommunicated. Afterwards, other judges mandate the same person to announce that same one as absolved. It is asked what should be done regarding this. The Pope says that a distinction must be made here. When he receives the first mandate, he who is mandated to do this should see if he knew of the discord stirred up between those who mandate first and the others regarding jurisdiction, or if he knew nothing at all. And if he understood nothing when he receives the first mandate, he shall execute it. If afterwards the contrary is demanded by others, then he ought to seek a copy of both rescripts. And if it should appear evident, so that it is not to be doubted in any way that the letters of those from whom he received the second mandate revoke the first, then he shall fulfill that mandate which is mandated in the second place. But if it is evident that the letters of those who gave the first mandate are not revoked by the letters of the others, he shall by no means execute that until the struggle between them regarding the jurisdiction is settled. And he ought to do that same thing if, the first mandate having been received and not yet executed, it became known to him that a struggle had arisen between them regarding such jurisdiction. In all these mandates, he who receives them ought to be discreet, so that he does not say he is in doubt where there is no doubt, nor say he is certain where he is not certain. In the end, he says that although a certain doctrine is given in these regarding how one should proceed in these matters, no power is given to this executor between the delegates or the parties to judge regarding the jurisdiction. ¶ Note that this decretal is established on account of contrary mandates which frequently occur. Note that by the contempt of jurisdiction, the matter becomes doubtful so that the executor does not proceed here.

Chapter: The cleric of Saint-Rémi

Formerly, P., a cleric of Saint-Rémi, was detaining the parish of S. Falice, which R. de Clivo said he had acquired canonically. Whence the same R. obtained that the cause regarding this be sent to certain abbots. Those abbots cited the parties to their presence first, second, and third. And because the said P. did not wish to appear before them by himself or through another, they excommunicated him, making the fruits of that parish to be sequestered. Afterwards, the same P., coming to them, promised to obey the law, and thus was absolved, and they granted him letters of absolution, assigning a place and a day on which he would do what he promised. And he himself wrote the place and day into the letters of the same, in the place of the erasure, so that they would restore the sequestered fruits to him. And this the same P. confessed before two judges, the third excusing himself. The judges themselves signaled all these things to the Lord Pope, and he mandated to the judges present that if it were so, they should impose perpetual silence upon the same P. regarding that parish, and restore the aforementioned parish to the aforementioned R. with the sequestered fruits. But the aforementioned R. proved well the aforementioned falsehood, whence he sought that that parish be assigned to him. Those judges doubted regarding that clause "if it were so" original: "si esset ita", whether it ought to be referred to all the aforementioned things, or only to the vice of falsehood. They consulted the Lord Pope, and he answers that that clause ought to be referred to all the preceding things, but with the intent that the church be conferred to the same Robert. Because although the aforementioned P., who perpetrated such falsehood, ought to be punished for that falsehood, nevertheless, for this reason, that church is not to be offered to the adversary, unless full proof has first been made regarding other matters. ¶ Note that because of contumacy, someone can be excommunicated, although he is acting by a real action; however, the ordinary judgment is to be put in possession. ¶ This clause, "if it is so," looks at all preceding things.