Book One

On the condition that they might perhaps be set for that election or that the suit might be pending.

a Regarding another: Regarding whom it is not thus here, but they received two simply as canons.

b Without prejudice: Here, [it is noted] that a protest does not profit if he who makes it dies.

This is true when it is about the substance of the fact or the matter regarding which it is made: as if you protested when you receive someone as a canon that he should not have a prebend, but the substance of the business is that whoever is received as a canon should not lack a prebend. Further legal commentary on the validity of protests during the appointment of canons.

The text continues with a detailed analysis of the case of O.J. and his associates, regarding their receipt into the church of Toul, the division of revenues, and the legal standing of "extra" canons received beyond the established number.

By appeal: As it is said that the protest profited him when they themselves receive the accustomed prebends in their entirety, even if these five do not receive as much from the surplus revenues as the ancients, yet no prejudice is done to them regarding the common table.

c Received: Whence he ought to provide for them. Note that a canonia canonicate is one thing and a prebenda prebend is another. A canonicate is the right that comes from election and reception as a brother, as here. A prebend is that which proceeds from the institution and office, because from the time someone performs the office, he ought to receive the benefit.

d They should receive nothing: Namely, that this might have been simoniacal.

e Industry: This seemed like a good allegation, because the revenues were increased by their own industry; they should not be compelled to provide for others from them.

f They could suffice: Argument for the condition to be understood.

g To the vacancies: Regarding that which he says "to the vacancies." Some say, like Pope Innocent III, that this pertains to dispensation and not to the right of provision.

Why are they not compelled to communicate their revenues to them? As all equals are, since they seem to renounce their privilege.

h The number: Here one may ask whether those who are received daily beyond the number have a voice in the election of bishops or other prelates. I say that one must stand by the custom, and if there is no custom, I do not believe they ought to be called to such an election, since they do not yet have the full right nor even possession.

i In integrity: But when these canons voluntarily received three or seven.

k After death: Note that what is done to the prejudice of another while a suit is pending ought to be revoked into invalidity.

Note that when something is done to the prejudice of another while the suit is pending, it must be revoked as invalid.

m Church of Saint Mary: Propose the case so that you may better understand: the cause was between J. of Achepa and the church of Saint Mary... A detailed narrative of a legal case involving a dispute over possessions, the intervention of a Roman senator, and the subsequent appeal to the Pope, serving as an example for the principle that laypersons have no authority to dispose of ecclesiastical property.

n Religious: Note here that laypersons can dispose of nothing regarding ecclesiastical matters without spiritual [authority], whether it be spiritual or temporal.

o Persons: Argument that the goods of the clergy and of churches ought to be judged by the same law.