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a Convicted: This is true, provided that no one claimed he did not possess the prebend or benefit in question; judgment is not to be rendered unless the person is defeated or confesses of their own accord. If he is defeated, it is as if he had none original: "sua nulla est". See II. Q. 1, "nos in quem," and for the procedure, see "de lite pendente," where you should understand the case without the reference to that chapter.
b By letters: Even if you repeat it three times. For it is a legal and canonical act that should be done without triple admonition, see XXIII. Q. 4, "de illicita," and XVI. Q. 7, "omnes decime," and "de rescriptis," Q. 3, "de presbyteris." For vengeance of the spirit ought to be preceded by admonition. See XIII. Q. 2, "indigne," and "de vi et honestate clericorum," chapter "eiusdem," and "de sententia excommunicationis," "pertingit," and "ff. de eodem," "facero."
c A three-day period: This term was too brief, because he could not deliberate fully, and thus he could not easily perceive the incident. II. Q. 6, "anteriorum," where formerly a three-day period was given for appealing. Whence, ten days were given afterwards, or at least a term of ten days was established for the sentence; for that time is called "short." See "ff. de appellationibus," "premissorum," section 1; therefore, because of the brief term, one may appeal. "de dilationibus," chapter 1.
c In perpetuity: Innocent says here that it is one thing to exclude someone "always" and another to exclude them "in perpetuity." "ff. rei iudicate," "quis non oportet," section "qui," and I. Q. 1, "sunt nonnulli," and "de donationibus," "pastoralis." Thus, "ff. pro socio," "coiri societatem," and L. 3, section 1. By analogy, the aforesaid, L. "dici," and I. 1. There, it is understood that these are not perpetual statutes, but temporarily delayed. And "de penis," "suus." For he is not the bishop making a definitive ruling that is understood for any time, as in I. Q. 1, "eos," and "ff. de vicariis," "si rem," section last, and "de petitionibus," "quod circa," where the word "always" is applied to future times and is understood generally. Also, I find that "to remove in perpetuity" is the same as "to remove always," as in I. Q. 1, "reperiunt," in the end, and L. 68, Di. "si quis ex episcopis," and R. Q. 1, "quod sacerdotes," XXXVIII. Q. 1, "de viduis," and "de cohabitatione clericorum et mulierum," "clericis." But regarding such matters, the nature or cause of any business must be considered. For one is punished for contumacy and not for the crime. Contumacy is often purged, as is easily seen in many canonical examples. "de sententia excommunicationis," "per tuas," and "de vita et honestate," section "fig." with "prelatis," "olim," and "ex parte," where there is an example of contumacy and crime.
d You may admit: Notwithstanding that mandate, if he had offended in the meantime, he could be repelled. "de testibus," "cogit," "preterea," "ff. de transactione," "cum aquiliana," "precepto," "habentes," F. 1, S. E. "cum omnes," and S. E. "cum 5 fere."
e Diminished: It is otherwise if they were diminished, because then it appears that they may diminish the number by the authority of the bishop. By analogy, "de vi et honestate clericorum," "quum," as it says. Thus, with increased resources, more may be instituted even beyond the established number, S. E. "cum 5," by analogy, "de censibus," "quanto," R. XXI, "di. in nouo," and chapter "de episcopis et clericis in ecclesiis," concerning which it was spoken S. E. "cum accessissent," say as there by analogy.
f Confirmation: Implored under common form. "de vita et honestate," section "fig." chapter last, "petrata," because such confirmation bestows nothing new. "de preconfirmatione," "uti," "cum dilecta," R. "de concessione prebende," "et ecclesia non valet," because of the diversity, where concerning this, R. "de privilegiis," "ex parte," 1, because he who confirms does not grant. "de fide instrumentorum," "inter dilectos." Through such confirmations, the Pope does not intend to derogate from anyone's right, by analogy, "de officio ordinarii," L3, because injury ought not to arise from it, whence "iura omnium iura," "de accusationibus," "qualiter et quando," 1, and L. "unde vi," "meminerint," "de tempore ordinationis," "nonnulli." Sometimes the Pope's confirmation is valid, and sometimes not, as it was said S. E. "cum accessissent," in the gloss "sed nunquid," and better, "de confirmatione," "uti vel inuti."
it had been to the prejudice of the monastery, not having been reached, nor having confessed, finally we determined that they should be restored to the same possessions, revoking those quiet possessions to naught.
Whence to all the doctors...
c. 1 and 2, and this confirmation was obtained by concealing the truth regarding the ancient statutory number and that the resources of the church had not been diminished.
Accepting the petition, we have heard of the dispute...
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.
We have heard the plea of the masters of the university, that if anyone should resist the ordinance of the masters, he is not to be accepted... for three days he should present himself to the university of the masters, and from then on he is deprived of the society of their benefits in magisterial matters...
Since it was not then established that the deprivation of benefits should last in perpetuity, since it stands against the reason of canon law, we move that he who is punished by a light penalty, when he has exhibited due satisfaction, should obtain restoration. We command that you admit the aforementioned master, now caring to obey your statutes, to your punishments and in magisterial matters.
To the Bishop and Chapter of Toul.
On behalf of the Bishop of Toul, it was proposed that the canons of Toul, seeking their own comforts, restricted the number of prebends, which had been established by antiquity in the church of Toul, even if the resources were not diminished. And... Not wishing, therefore, that the number of lords...
Idoneous fit/suitable: This is understood particularly. "de electione," "causam quae." For to such, benefits are to be conferred; otherwise, the givers and receivers are punished. "de electione," "nihil est," and "de prebendis," "grave," chapter "cum in veteri."
to be diminished, but rather that the worship of God should be augmented, we command that, keeping the ancient number, you confer the prebends which you have found vacant in the aforementioned church since the time of the last statute, by our authority, notwithstanding any constitution made regarding this by the canons themselves, or any confirmation obtained from us by them, conferring them upon suitable persons with the counsel of the bishop.
Reginald, Archpriest.
M Council: Concerning this, it is taught in "de electione," "ne pro defectu," and...
Of Saint Mary Major in the City Rome.
Since the constitution astringes all, nothing obscure or ambiguous ought to pertain to it.
Since the constitution astringes all, as he is the ordinary judge of all Christians and of all the world. Even if he commands something grave, it is to be done. 14. Di., "in memoria," and chapter "di. contra morem." And say "all," namely, concerning his own jurisdiction, because powers are distinct. "R. di. quum," "de appellationibus," "si duobus," unless perhaps by reason of sin, "de iudiciis," "novit," and by analogy, the Roman Church institutes all dignities of any order. 22. Di., "omnes." And the same is in the following page: because as the Pope judges, others ought to judge. "de re iudicata," "in causis."
We declare that the constitution which we recently issued regarding the preferring of some in the perception of major portions and the services to be exhibited by the minor ones, does not extend to past matters, but to future ones, since it is certain that laws and constitutions give form to future business, not to past deeds, unless it is specifically provided in them concerning past matters.
De rescriptis, usque interpret. Jerome, Archbishop of Sens.
O Ambiguous: For a law or constitution ought to be honest and just and contain no obscurity. And such is as it is taught, 54. Di., "erit autem," lest through obscure presentation we fall into a snare. For we ought to impose a snare upon no one. 26. Q. 5, section "iduis." Nor ought it to lead us through an obscure or doubtful law to that from which it ought to restrain us. By analogy, "de natalibus," "ex literis," chapter "uno." And he who ought to defend me ought not to attack me. "ff. finium regundorum," "ven. altius."
P We declare: This says "we declare," because no one else could declare or interpret it. For interpretation pertains to him to whom it pertains to constitute. "de sententia excommunicationis," "inter alia," and R. I. Q. 1, "respondeo," concerning all. "ex L. de legibus," L. 1, and last, and "ff. de stipulatione," "in prioris," and "li. supra," "pruit," "ap. se." "questio etiam," the Pope does not want to be judged by them... "de iudiciis," "cum venissent."
Q Constitution: Which you have, "de maioritate et obedientia," "statuimus."
R Preferring: Whether the majors ought to command the minors more, we say above upon that constitution, "statuimus."
S Services: That the minors ought to treat the majors, as much in the text as in the gloss. 23. Di., "in summa," section 1, "de v. section," and we shall say in that constitution, "statuimus."
T Future: Note that constitutions look only to the future and not the past. R. "ob rita," thus S. E. "cognoscentes," by analogy, 31. Di., "ante triennium," and 66. Di., "proposuisti," unless it is of natural law, which also looks to past matters, "de usuris," "cum tu," or unless it is said in the constitution itself that it draws to past matters. 11. Q. 1, "sic cuidam," and "de electione," "cum in cunctis," section "hec sane," and L. "de legibus," for laws, and B in the end, where it says "unless it concerns past matters, it does not," and "de lkp.," "ad audientiam nostram."
The Roman Curia. It is constituted by us that when any case is delegated to judges, with the remedy of appeal removed, it is sent by apostolic letters; the other party, armed with those by which it is generally indulged to him that it is freely permitted to him to appeal, breaks forth into a vocal appeal. Whether appeal ought to be deferred to him in the same case.
As the Roman Curia... that it is permitted freely. This indulgence seems superfluous because by common law it is free to appeal whenever someone is aggrieved; otherwise, it is not permitted before the sentence. "de appellationibus," "ut debitus bonorum," formerly indifferent and it was freely permitted to appeal unless the appeal had been manifestly frustrated. II. Q. 6, "ad romanam," and "de appellationibus," "proveni." But what is competent by common law, it is superfluous to petition from the masters. "ff. de thesauris," L. 1, Li. R., and "ff. ad municip.," L. 1, section "fuit superflua." Some say to this that this indulgence is valid because it is permitted to this person to appeal everywhere unless the law forbids appealing, for instance because of contumacy, because the appellant is rarely heard. 23. Q. 4, "de illicitis" and others, you will find such cases. II. Q. 6, section "diffinitiva," under that section, there are some; but this solution cannot stand, because it says to the contrary here in the end, the special derogates from the general. Because there, that indulgence was granted against common law; because a privilege of all is as a private law. 3. Di., "privilegium." But a privilege is not taken away by common law unless mention is made of that privilege. By analogy, S. E. R., "cum ordinem."