Professional Documents
Culture Documents
Canon Law-in
the Middle Ages
EDITED BY
Stephan Kuttner
S~/11JO' .',
[I I]
Papal Reserved Powers and the
Limitations on Legatine Authority
ROBERT C. FIGUElRA
popes and canonists alike agreed that legates could perform certain tasks
purely as a function of their office, "by right of legation" jiure legationis).
The minimal prerogatives of this office were considered fixed and were
comprehended within the generic terms "general legation" (generalis
legatio) and its authorization, the "general mandate" (generale man-
datum). In addition, the pope could authorize a legate (or anyone else, for
that matter) to accomplish any task whose performance normally per-
tained to or was reserved for the pope's jurisdiction alone. These powers
could be transferred through "special concession" or "special mandate"
(speciale mandatum). This system of classification usually occurred in
decretist glosses in a variety of formulations. The best method for analyz-
ing the specific powers encompassed by these terms would be both to
investigate some of the actual decretals from the Libet extra wherein
mention of these powers is made and to compile from decretalist glosses a
detailed list of the specific powers both reserved to the pope and normally
prohibited to legates. Up until now a systematic treatment of canonistic
texts in this regard has not been attempted.
I. See Zimmermann, p. 29, and Maleczek, pp. 105-6, for details regarding this
legation.
2. See X 1.8.3.
3· X 1.30.3.
Papal Reserved Powers and Legatine Authority
For Innocent III a grant of general legation alone clearly did not permit the
legate to transfer bishops, to divide or unite bishoprics, or strictly speak-
ing even to absolve persons excommunicated automatically for presum-
ing violence against clerics. A special papal mandate or license could,
however, authorize these very actions. As regards the absolution of vio-
lent excommunicates, Innocent did not cite an earlier decretal of Clement
III IX 5.39.201 whose substance was reaffirmed in a later decretal of Greg-
ory IX IX 1.30.91. These two decretals showed that grants of special papal
license in this matter to cardinal-legates or legates de latere had been so
common and routine during the late twelfth century and early thirteenth
that this prerogative of absolution had become standard for this most
exalted type of legate in all situations and eventually was accepted even
without special mandate.f Other types of legates were more limited in
their ability to absolve such men, but even they may have transcended
such restrictions when empowered "by special grace" of the Apostolic
see.
A special papal mandate not only empowered a legate [or anyone else] to
perform something beyond his own inherent powers or beyond a general
commission, but simultaneously defined a discrete and more specific type
of activity as well. In other words, any special mandate derogated, super-
seded, or cance1ed in some specific matter anyone's general commission.
A decretal of Celestine III (X 1.30.21exemplified this phenomenon when it
4. X 1.30.4.
5. Although Clement himself did not expressly say that legates a latere may nor-
mally absolve in such cases without a special mandate, this was precisely the inference
drawn by the rubricator !"Legati de latere absolvere possunt excommunicatos pro
iniectione manuum in clericos") and by subsequent decretalists-Abbas antiquus,
Lectura aurea ... super quinque libris Decretalium (Strasbourg, 1510), at X 5.39.:10:
"Casus"; Glossa ordinaria ad X, 5·39.20: "CASUS.... Nota quod legati qui mittuntur a
latere domini papae, licet non habeant mandatum speciale, absolvere tarnen possunt
excommunicatos. Bemardus." Both Bemard of Parma and Hostiensis maintained that
this prerogative derived from customary usage: Glossa ordinaria ad X, I.I7.17: "non
obstante"; Hostiensis, Summa, p. 319: "Quid pertinet."
Robert C. Figueira
You have taken pains to inquire from us, whether a general legate in a
province, a person other than him to whom we delegated a case, can
himself take cognizance of a case either before or after [the delegate's own)
cognizance, or can in such a way impede the progress of our commission
transmitted to a delegate judge.... we respond that a legate ... cannot
impede a commission made specially to another ... , because a special
mandate derogates a general one, whence, if a sentence has already been
promulgated according to the form of our mandate, the same judge cannot
disturb it in any way whatsoever, unless he should receive a special
mandate concerning this matter.
6. Guala was at that time (1208-9) cardinal-deacon of St. Mary in Portico; for details
on his legation see Zimmermann, p. 4 I i Maleczek, p. 142. The decretal explains in parte
decisa that the visitors' task had been contumaciously impeded by certain unnamed
monks, and that in their frustration they intended to invoke the secular arm to coerce
obedience. This controversy probably impelled the legate to act.
7. The details of oral argument before the pope are reported in parte decisa of the
decretal. Walther repeated there his major objection, that because the masters had
begun and then deferred their visitation the legate could not proceed in the meantime.
Papal Reserved Powers and Legatine Authority
The abbot believed himself justified "because a general mandate does not derogate a
special mandate." The new abbot, who was also present before the pope, advanced
counterobjections: Waiter's initial acceptance of the legate's visitation, and the neces-
sity for legatine action "by virtue of the office of legation committed to him" in a
perilous situation incurred by the visitors' encounter with resistance.
8. Gregory the Great already spoke of such a category (although he did not use this
specific term) when he entrusted his authority (vices) in Sicily to Bishop Maximus,
whom later canonists considered a legate. Maximus was empowered to deal with minor
matters (minimae causae), whereas more difficult and major cases (difficilia. maiorae
causae) demanded the direct attention of the pope himself. Gregory's remarks appeared
in the Libet extra as X 2.23.6; the relevant portions were, however, in parte decisa of the
decretal.
9. In parte decisa of X 1.6·30 Innocent III recounted the actions of his legate, John of
St. Paul, during a disputed election to the metropolitan see of Toulouse. John refused to
accede to one group's request (postulation) to transfer their candidate, the bishop of
Comminges, to the archiepiscopal see. The legate realized that such power of transfer
was normally reserved for the pope, and that he had no special authorization. The
legate's only course of action was to appeal for Innocent's decision in the matter. John
was cardinal-priest of St. Prisca, for this legation see Zimmermann, pp. 30-31, and
Maleczek, p. 116.
10. I plan to discuss the decretist analysis of papal reserved powers in a forthcoming
study.
I I. The only explicit reference to legates in either of these works is in the Dictatus
papae. number 4: "Quod legatus eius o~nibus ep~s~op~spresi.t in concilio etiam in-
ferioris gradus et adversus eos sentennam depositionis POSSltdare" (Das Register
Gregors VII, zd ed., ed. Erich Caspar [Berlin, 19551, MGH Epp, 2:203). See Hubert
Mordek, "Proprie auctoritates apostolice sedis: Ein zweiter Dictatus papae Gregors
VIE" DA 28 (1972): 105-32, for the best edition of this work and for some hypotheses
concerning its author and date of composition. Friedrich Kempf, "Ein zweiter Dictatus
papae? Ein Beitrag zum Depositionsanspruch Gregors VII.," Archivum historiae pon-
tificiae 13(1975): 119-39, subjects Mordek's hypotheses to careful scrutiny. He notes
Robert C. Figueira
reserved powers during the thirteenth century one can view a process of
accretion contemporaneous with the expansion of papal monarchy and
the greater frequency of papallegatine missions.
We may start with [ohannes Teutonicus's gloss to the Compilatio tet-
tia, which listed sixteen reserved powers: questions of faith; "major mat-
ters" (maiora negotia); depositions, restitutions, and transfers of bishops;
transfers of confirmed bishops-elect; the acceptance of episcopal resigna-
tions; the exemption of bishops from metropolitan control; dispensations
in cases of major crimes; adjustment of onerous local customs; commuta-
tion of vows; the convocation of universal councils; absolution of persons
excommunicated by himself or by his judges-delegate; the granting of a
benefice or prebend that is not yet vacant [i.e., the grant of an expectancy);
and the capability to adjudicate an original complaint or even an appeal to
the neglect of all other judicial instances.t? Johannes's insistence that this
final prerogative pertained solely to the pope and not also to his legates re-
sulted partly from an idiosyncratic interpretation of a decretal of Alexan-
der III (X 1.30. I J which occurred in this same canonist's gloss on the De-
ctetum.P Iohannes likewise ran into problems in attempting to reconcile
the reservation of certain powers as beyond a legate's capabilities with the
that the Proprie auctoritates, unlike the Dictatus papae, made no mention of a papal
prerogative to depose emperors. Thus Kempf concludes that the Proprie auctoritates
postdated Gregory's death and was written sometime before 1123/24 by a moderate
adherent to the Reform party. A pre-Cratian canonistic work-the Collectio canonum
of Cardinal Deusdedit (compiled 1083-87) grouped various canones under legal maxims
that were essentially statements of papal reserved powers; see Die Kanonessammlung
des Kardinals Deusdedit, ed. Wolf von Glanvell [Paderborn, 1905), pp. 6-12.
12. Glossa ad Comp. Ill, 1.19.2 (= X 1.30.4), pp. 129-3°: "pontifici reservata .... "
Pennington counts seventeen reserved powers in Iohannes' gloss; in my opinion two
separate phrases in the gloss represent only one power, namely, the statements that
"likewise only to him [the pope) alone can one appeal despite all other intervening
jurisdictions," and "a legate cannot be approached by simple complaint," that is, be a
court of first instance. See Kenneth Pennington, "A Study of Johannes Teutonicus'
Theories of Church Government and of the Relationship between Church and State,
with an Edition of His Apparatus to Compilatio Tertia" (Ph.D. diss., Cornell University,
1972), 1:160-61. Regarding Johannes' thought about legates in general see Kenneth
Pennington, "Johannes Teutonicus and Papal Legates," Archivum historiae pontificiae
21 (1983): 183-94.
13. Glossa ordinaria on the Decretum, [ohannes Teutonicus's and Bartholomeus
Brixiensis's gloss as found in the Turin 1670 and Lyons 1671 editions ofthe Corpus iuris
canonici, at C. 2S q. 2. c. 3: "Ptaetermitti." Here Johannes insisted that an archbishop of
Canterbury's metropolitan power, not his legatine power, allowed intervention in mat·
ters regarding a suffragan's clerics. This interpretation reversed the intent of the decretal
text (X 1.30.1) itself and was refuted by Johannes' reviser Bartholomeus Brixicnsis. For a
detailed discussion of this matter see Robert C. Pigueira, "The Canon Law of Medieval
Papal Legation" (Ph.D. diss., Cornell University, 1980), pp. 77-79. To place [ohannes/
opinion within the context of his thought regarding legates see Pennington, "[ohannes
Teutonicus," pp. 185, 187-88, 194. Pennington agrees that [ohannes' "interpretation of
Cum non ignoretis [= X 1.3°.1] twisted Alexander's clear intention" and argues that this
was deliberate, for the canonist's interpretation dovetailed with his distrust of "any
attempt to give legates power which could undermine the jurisdictional rights of the
diocesan bishop."
Papal Reserved Powers and Legatine Authority
(198)
Papal Reserved Powers and Legatine Authority
unclear. Furthermore, Hostiensis prefaced the entire list with the admoni-
tion that no one should interfere in any of these cases without a special
mandate.P and he subsequently filled several pages in the printed edition
of the Summa with a full-blown expansion of the nuances of these reserva-
tions and copious examples from both Roman and canon law showing
their operation. This dispels a considerable part of the confusion engen-
dered by the poem itself. Let the poem and the material found in appendix
2 suffice to elucidate these examples of papal reserved rights.
~~. Ibid., pp. 319-20: "Quid pertinet ... utrum tarnen his quae sedis Apostolica sibi
specialiter reservavit, propria temeritate se intromittere non debet sine speciali man-
data. que autem sint ilIa, consueverunt his versibus comprehensi:
Restituit Papa, solus deponit, et ipse
Dividit ac unit, eximit, atque probat.
Articulos solvit synodum facit generalem,
Transfert, et mutat, appellat nullus ab ipso....
Si sit catholicus Papa, non iudieat ullus.
Erigit, et subiicit cathedras, dividit, unit.
Mutat vota, erucis, restaurat, et eximit ad se.
Maiores causae referuntur, legitimatque.
Promovet, appellare vetat, prohibet profiteri,
Deponit, transfert, suppletque, renunciat illi.
Praesul et exemptus, simon iurans anathema
Vel proprium vellegati, vel lex utriusque.
Nequaquam partieipans, et si quem sponte salutat.
Quem canon damnat: sibi soli quando reservat.
Solvitur a Papa, necnon quem regula damnat:
Addas suspensum casum cum fertur ad ipsum.
Rescriptum fidei, dubium quod confert bona plura
Irritat infectum, legern condit generalern.
Approbat imperium, firmat, deponit et ungit
Concilium generale facit, sanctit quoque sanctos.
Ens non esse facit, non ens fore pallia semper
Portat, concedit, legi nee subditus ulli.
Appellatur ad hune medio sine, iudiciumque
Est pro lege suum, monachum revocat renuentem.
Maius adulterio solvit, generaliter arctat,
Et laxat, quicquid sponsis nocet, ordinat extra
Tempora dando sacrum, promotum promovet idem.
Ordinat, atque die qua consecratur, et ipse.
Viventisque locum concedit, iureque privat.
Insignit laico, sacra donat chrisma ministro.
Summa sede sedet, plenusque vicarius extat.
Si sit catholicus Papa, non iudicat ullus."
Hostiensis announced at the end of his explication of texts supporting the poem (p. 3261:
"Si bene computaveris, in supradictis versibus 61 casus specificatos et explicitos, ex-
ceptis inclusis et implicitis, poteris reperire." I have verified the same total.
Robert C. Figueira
The origin of this poem certainly did not lie with Hostiensis. Goffredus
had already noted its incipit in his own Summa some years previously,
23. In his subsequent remarks Hostiensis clarified that this was what he meant in
these abbreviated verses-see Summa, p. 322, "Nequaquam participans scilicit excom-
municato a papa ex certa scientia in divinis officiis."
[200J
Papal Reserved Powers and Legatine Authority
and Hostiensis himself noted after the first four verses (and first eleven
examples) that Raymond of Pefiafort had expounded twenty-four reserved
cases in his Summa iuris (1219-20).24 Raymond likewise quoted the first
four verses of the poem and actually mentioned more than three dozen
papal reserved rights.s? In the absence of other evidence one can hypothe-
size that perhaps Hostiensis added on verses five through thirty-two to
introduce his subsequent discussion of more than sixty reserved cases. Be
that as it may, Hostiensis closed his analysis of papal reserved cases by
reminding his reader that Ita legate ought not usurp the aforesaid rights,
unless he wishes to be confounded ... and unless he should possess a
special privilege concerning these rights, you may know him to usurp one
of them."26 Implicit in this remark is the concept that legates could
perform any of these reserved activities if properly authorized by the pope.
It is important to note the poem's character as a mnemonic device to aid
canonists in recalling a series of dissociated (yet mutually suggestive)
prerogatives that composed a single jurisprudential whole-papal re-
served powers. Thus it is not surprising that the accretion of reserved
powers from Goffredus's analysis to Hostiensis's stands in direct relation
to the increase of verses in the poem.
Bernard of Parma listed nineteen papal reserved rights in his Glossa
ordinaria, of which the great majority had already appeared in Hostien-
sis's Summa. In several cases, however, he provided exceptions to these
direct prohibitions of legatine activity. The reservation of deposition did
not extend to priests, as they could be deposed by a legate acting in
conjunction with several bishops. Furthermore, certain types of legates
could judge cases involving exempt prelates in certain circumstances.27
2.4. Ibid., p. 319: "Ex quibus II casus possunt elici, Raymundus vero in summa de
casibus 2.4 notat: tu die quod 60 sunt, et plures, quos his versibus comprehendes."
2.5. San Raimundo de Penyafort, Summa iuris (Barcelona, 19451, pp. 48-49. The
discrepancy between Hostiensis's report of twenty-four items and Raymond's actual list
of reserved powers can perhaps be attributed to scribal error. For Bemard of Parma's
citation of the poem's first verse see the Glossa ordinaria ad X, 1.30.4: "reservata." A
gloss on Comp. II attributed by John Watt to Tancred (at 5-13.4 = X 5.31.81likewise
made reference to the poem's first four verses (and eleven reserved powers 1 in what
might be their earliest chronological appearance; see the reference to London BM MS
Roy. 1 I. C. VII, fo1. 109V, in "The Use of the Term 'Plenitude Potestatis' by Hostiensis,"
in Proceedings of the Second International Congress of Medieval Canon Law (Vatican
City, 1965), p. 165 n. 19·
2.6. Hostiensis, Summa, same rubric, p. 32.6: "Legatus igitur praedicta usurpare non
debet, nisi velit confundi ... et ipsum hoc usurpare intelligas, nisi super his privilegium
habeat speciale, argumen. infra de privilegiis porro. et c. sane" (X 5.33.7, 9).
2.7. Glossa ordinaria ad X, 1·30.1: "legationis tarnen obtentu .... Sed presbyterum
posset deponere adiunctis sib~ aliis episcopis. ~". quaestio vii ~oel~xet c. si autem" (C. 15
q. 7 cc. 4, 5 I· Bemard first posited two preconditions for legatme Judgment of exernpti-
their own willingness to be judged, and the nature of the exemption; at X 1.30.1:
"universas .... Dicas quod isti legati per suam legationem non possunt punire ex-
emptos, vel audire causas quae movuntur contra eos, nisi velint respondere sub eis, et
hoc de his quae in eorum privilegiis continentur. et tota sua potestas consideranda est ex
forma privilegii. Alii vero legati cardinales vel alii qui mittuntur de latere domini papae,
Robert C. Figueira
habent maiorem iurisdictionem tarn contra exemptos quam contra omnes alios, salvis
his tantum quae sedi Apostolicae specialiter reservantur." Note that the different
capabilities of different types of legates were left very vague. While glossing another
decretal Bernard dropped all consideration of the exempt's wishes and restricted judg-
ment of their cases purely to legates de latere, in this matter he disagreed with [ohannes
Teutonicus. At X 1.30.4: "reservata .... Sed nunquid legatus talis missus a latere papae
potest iudicare de exemptiis qui substunt tantum domino papae! Argu. quod non xvii
dist huic [D. 17 c. 31. Argum. quod potest xvi quaestio i frater noster [C. 16 q. 1 C. 52.).
[oannes dicit quod non potest, et melius facit si abstineat. argumentum inducit ff de
officio proconsulis nee quicquam [Dig. I.I6.9). Et credo quod potest cognoscere de
causis quae contra ipsos moventur, non obstantibus privilegiis suis: quia per privilegia
illa eximuntur solum a iurisdictione episcoporum in quorum territorio commorantur:
sed a iurisdictione ipsius papae vellegatorum non eximuntur."
2.8. Ibid., at X 1.17.17: "Non obstante .... "
2.9. In X 3.4.11 Cardinal-priest Benedict of St. Susannah, while on legation to the
Latin empire of Constantinople, was empowered to remove certain delinquent Greek
bishops from the administration of spiritualities in their sees. Glossa ordinaria ad X,
3.4.1 I: "Removeat. Ex isto mandato speciali si sunt episcopi, alias non posset legatus ex
generali mandato. supra de officio legati quod translationern" (X 1.30.4). For details
regarding this legation see Zimmermann, p. 37; Maleczek, pp. 135-36.
30. In X 4.14.3 Celestine III mentioned the general dispensation granted by a legate
(Nicholas Breakspear, cardinal-bishop of Albano) in Norway which allowed the con-
tracting of marriage within the heretofore prohibited sixth degree of consanguinity.
Bernard remarked, at X 4.14.3: "indulgentiam. quae de auctoritate speciali domini
papae facta fuit, alias non tenuisset quia solus papa in tali facto dispensat. infra eodem
quia circa [X 4.2.4.6) et supra de translatione capitulo ultimo" (X 1.7.41. For Nicholas's
legation see Wolfgang Seegriin, Das Papsttum und Skandinavien bis zur Vollendung
der nordischen Kirchenorganisation (II64) (Neumünster, 19671, pp. 146-72.. Nicholas
became Pope Hadrian IV shortly after his return to the curia.
3 I. In X 1.30.6 Innocent III maintained that a legate could confer a vacant benefice
even when it pertained to the presentation of another cleric. Johannes Teutonicus
mentioned (as also will Bernard) the Roman law maxim that "only the prince can
deprive someone of his right," and concluded that the legate can confer a benefice under
such conditions only on the basis of some "personal grace"; Glossa ad Comp. Ill, 1.19.4
(= X 1.30.61, p. 13 I: "in concessione .... " For Bernard's assertion regarding the relative
immunity of lay rights of patronage see Glossa ordinaria ad X, 1.30.6: "in conces-
sione .... "
32.· Glossaordinaria ad X, 1.30.5: "transtulerat. ... ", atX 1.30.9: "commissam .... "
Papal Reserved Powers and Legatine Authority
Hostiensis did not repeat in the Commentaria his vast list of reserved
powers from the Summa. For the most part he reiterated the few examples
already found in the Glossa ordinaria, while adding seven new cases and
referring readers to the relevant section of the Summa.33 He noted that
special papal mandates were required for the conferral of control over a
monastery to any clergyman not of that monastery, for a "perpetual dona-
tion" of church property.e+ for degrading bishops,3s and for depriving
rebellious clerics of their benefices.es Hostiensis never elaborated on what
he meant by "perpetual donation"; perhaps he was speaking of an uncon-
ditional alienation. Regarding degradations the canonist further noted
that a legate who was not a bishop must in addition have the cooperation
of other bishops to actually degrade a bishop after he had pronounced
sentence. In addition, Hostiensis maintained that only the pope could
commission someone to preach a crusade or to release a crusader from his
vow, and that only he could dispense in minor crimes or absolve a person
excommunicated by a bishop.V These last two reserved powers ran in
direct contradiction to other statements in Hostiensis's Summa, such as
were discussed above. There he maintained that certain legates could
absolve ex officio persons excommunicated for "light" injuries, and that
even bishops could provide absolution for more trivial cases of excom-
munication. In addition, the decretals cited by Hostiensis in the Com-
mentaria for his later statements did not directly support him. X 2.1.4
asserted that bishops could dispense in minor crimes, and X 1.31.II
33. Hostiensis, Commentaria ad X, 1.30.4: "reservata."
34. In X 2..30·9 Honorius III wrote concerning the collation by his legate in Con-
stantinople (John, cardinal-priest of St. Prassede) of control over monasteries as regards
both their spiritualities and their temporalities. See Hostiensis, Commentaria ad X,
2..30.9: "contulit .... " For John's legation see Zimmermann, p. 74; Maleczek, pp. 158-
59·
35. In X 3.4.11 the legate [Benedict of St. Susannah, see note 29 above) was not
commanded by the pope to degrade bishops. Hostiensis nonetheless inferred that this
legate did have the requisite special powers to do so. Note especially the bantering tone
of his analysis. Commentaria ad X, 3.4.11: "Degtadationis sententiam. Innuit, quod
iste Cardinalis haberet potestatem degradandi, quod intelligas de speciali concessione.
Sed nunquid erat congruum, quod presbyter episcopos degradaret! Amice non audemus
ponere eos in. coelum, nam et ~alibus plerunqu~ concedit Papa episcopalia, ut X_CV
distin. pervernt [0.95 c.II· Vel die, quod non est mcongruum, quod POSSltpronunciare
degradationem, sed incongruum esset, quod degradare posset, ergo sententiam proferre,
ut hie dicit, et per episcopos legationis suae ipsum factum exequi non inhibetur, sicut
notatur de electo eonfirmato, supra de eleetione nosti" (X 1.6.9).
36. In X 3.8.5 Innocent III commanded his legate (Peter of Capua, cardinal-deacon of
St. Mary in Via Lata) to compel clerics disobedient to their archbishops to resign
illegally acquired benefices and privileges; if they were contumacious the legate was to
deprive them of these acquisitions. Hostiensis referred to the legate in question as a
"delegate"; Commentaria ad X, 3.8.5: "Et substrationem .... " For Peter's legation see
Zimmermann, pp. 2.3-24; Maleczek, p. IlO. It is noteworthy that Peter was not to
disturb clergy already holding benefices "vel ... speciali mandato apostolicae sedis vel
auctoritate Lateranensis concilii ab Eboracensi capitulo."
37. Hostiensis, Commentaria ad X, 1.30.4: "tesetvata .... "
Robert C. Figueira
Conclusion
Appendix 2
Power JT G GO HS He D
I) cannot be judged x Xl
2) is legibus solutus x x
3) can do whatever he wishes so long as x x2
it is not against the faith
4) can make something out of nothing x x3 x
5) can make good a defect through use of x x
plenitudo potestatis
6) can forbid future actions (elections or x x
provisions)
7) can deprive, transfer, or confer rights x x
(iura)
8) cannot be appealed from x x
9) can be appealed to omissis mediis x3 x x4 x
IO) can forbid appeals x
11) can always and everywhere wear the x x
pallium
12) can decide maiora negotia et causae x x x x
maiores
13) can decide questions of faith x x x x XS
14) can approve theological writings and x
written memoranda of others
IS) can commit a spiritual cause to a x
layman
16) can commit a case appellatione x x x
remota
[206)
Papal Reserved Powers and Legatine Authority
Power TT G GO HS HC D
[207]
Robert C. Figueira
Power JT G GO HS He D
[208]
Papal Reserved Powers and Legatine Authority
Power JT G GO HS He D
Power JT G GO HS HC D
Key:
JT Glossa ad Camp. III 1.19.1 t= X 1.30.4): "pontificis reservata," pp. 129-30.
G Goffredus, fol. pr-v: "Ingress us ... Item."
I Innocent IV at X 1.30.4: "reservata"; at X 1.17.17: "non obstante."
GO Glossa ordinaria ad X 1.30.4: "reservata"; 1.17.17: "non obstante."
HS Hostiensis, Summa, pp. 319-26: "Ouid pettinet,"
HC Hostiensis, Commentaria ad X 1.17.17: "Non obstante"; 1.30.4; 1.36.II: "Cas.
ibus", 2.30.9: "Contulit", 3·4·II: "Degradationis sententiam"; 3.8.5: "Et sub-
strationem"; 3.38.18: "Ptimo vacare contingeret."
D Durantis, fols. 45a-53a: "Quae sint ei interdicta, et soli sedi apostolicae teset-
vata."
Notes:
I. Except in case of heresy.
2. That is, what he wills is law, or his judgment is law, if that is his intention.
3. That is, a legate cannot do this.
4. A legate can do this.
5. He reminds the reader that C. 16 q. 1 C. 52 allows legates and bishops (so he
claims) to have cognizance conceming minor matters of faith; this chapter actually
accords this right to a responsalis.
6. That is, subdeacons on Sundays.
7. That is, subdeacons outside four fixed times a year.
8. Just concerning contentious papal rescripts.
9. That is, he dispenses illegitimate sons.
10. But a legate can judge a criminal case concerning a bishop only with special
permission.
11. The pope alone may also depose a bishop who deserts his see, while a legate de
latete may do this specially; furthermore, the patriarchs of Constantinople and
Alexandria can also depose their own bishops.
ra, That is, a legate may do this with a special mandate.
13. But restorations or dispensations according to common law can be done by a
bishop.
14. Professions by eighteen-year-old island inhabitants.
15. But a legate can reserve the first church to become vacant, even if it has an
ecclesiastical patron. .
16. Can confer multiple benefices with cure of souls.
17. Can dispense from holding multiple benefices with cure of souls.
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Papal Reserved Powers and Legatine Authority