Constitutions
I
1.On rescripts
Since in many articles of law failure to define their scope is blameworthy, after prudent consideration we decree that by the general clause “certain others” which frequently occurs in papal letters, no more than three or four persons are to be brought to court. The petitioner should state the names in his first citation, lest by chance a place is left for fraud if the names can be freely altered.
- Those to whom cases should be entrusted
By the present decree we ordain that the apostolic see or its legates should not entrust cases to any persons except those who possess a dignity or belong to cathedrals or other collegiate churches of high standing; and such cases are to be conducted only in cities or large and well-known places where are to be found many men learned in the law. Judges who, contrary to this statute, cite either one or both parties to other places may be disobeyed without penalty, unless the citation takes place with the consent of both parties.
- Curtailing legal expenses
As we wish, to the best of our power, to curtail the expenses of lawsuits by shortening the legal process, extending the decree of Innocent III of happy memory on this matter, we decree that if anyone wishes to bring several personal claims against another, he must be careful to gain letters on all these claims to the same judges and not to different ones. If anyone acts contrary to this, his letters and the processes initiated by them are to lack all validity; besides if he has caused inconvenience to the defendant by them, he is to be condemned to pay the legal expenses. Also if the defendant during the course of the same trial declares that he has a charge against the plaintiff, he ought, through benefit either of reconvention or of convention, if he prefers to obtain letters against him, to have his case tried before the same judges, unless he can reject them as being suspect. If he acts contrary to this, he should suffer the same penalty.
- On challenging elections etc.
We decree that if anyone attacks an election, postulation or provision already made, bringing some objection to the form or the person, and should happen to appeal to us in this matter, both the objector and the defendant, and in general all those who are concerned and whom the case affects, either by themselves or by their procurators instructed for the case, should make their way to the apostolic see within a month of the lodging of the objection. But if one party does not come after twenty days, and the other party has arrived and is waiting, the case about the election may proceed according to law, notwithstanding the absence of anyone. We wish and command that this is to be observed in dignities parsonages and canonries. We also add that anyone who does not fully prove the objection he has brought regarding the form, shall be condemned to pay the expenses which the other party claims to have incurred on this account. But anyone who fails to prove his objection against the person, should know that he is suspended from ecclesiastical benefices for three years, and if within that time he continues to act with similar reckless conduct, that by the law itself he is deprived of these benefices for ever, and he is to have no hope or confidence of mercy in this matter, unless it is established by the clearest proof that a probable and sufficient cause excuses him from a malicious accusation.
- Only unconditional votes valid
In elections, postulations and ballots, from which the right of election arises, we completely disapprove of conditional, alternative and indefinite votes, and we decree that the said votes are to be held invalid, and that the election is to be determined by unconditional votes; for the power of decision of those who do not express a clear opinion is transferred to the others.
- Jurisdiction of conservators
We decree that conservators, whom we frequently appoint, may defend from manifest injury and violence those whom we entrust to their protection, but that their power does not extend to other matters which require a judicial investigation.
- Legates and benefices
We are required by our office to watch for remedies for our subjects, because while we relieve their burdens and remove their stumbling blocks, so we rest in their ease and enjoy their peace. Therefore we enact by the present decree that legates of the Roman church, however much they hold the full power of legates whether they have been sent by us or claim the dignity of that office on behalf of their own churches, have no power from the office of legate of conferring benefices, unless we have judged that this is specially to be granted to a particular one. We do not, however, wish this restriction to hold with our brother cardinals while acting as legates, because just as they rejoice in a prerogative of honour, so we wish them to exercise a wider authority.