p. 188b Book VI.
As unjust demands should not be conceded, so the petition of such as desire what is lawful ought not to be set aside. Now your Fraternitys presbyters, deacons and clergy have presented to us a petition complaining that the late John, your predecessor, made a will burdening his Church with various bequests. And they have petitioned that these, which are to the detriment of his Church, should under no excuse be paid, as being prohibited by law. And although, heredity and succession having been by him renounced, no reason binds thee to satisfy any such claims, nevertheless we hereby exhort thee over and above that with regard to such bequests as he has made, contrary to the ordinances of the laws, of property belonging to his Church, or acquired by him in his episcopate, your Fraternity neither lend your authority nor on any account consent to them. But, if he has wished or directed anything to be done with regard to his private property which he had before his episcopate, and which he had not previously bestowed upon his Church, it is necessary that this disposition should be held valid in all respects, and that no one of the ecclesiastics should attempt against reason on any pretext to set it aside.
But, inasmuch as during his life he often begged of us that we should confirm by our authority what he had conferred on the monastery which he had himself constructed near the church of Saint Apollinaris, and we promised to do this, we hold it needful to exhort your Fraternity to suffer nothing of what he has there conferred and constituted to be diminished, but to see to all being preserved and firmly established. Since, then, he is known to have made mention of this monastery, and of the property conferred on it, in the will which he made, you must know that we have not confirmed this part of it by reason of our following his last wishes, but because, as we have said, we promised it to him when he was alive. Let your Fraternity, therefore, make haste so carefully to accomplish all these things that both what was by him constituted and by us confirmed in the above-named monastery may be maintained, and what he has by will directed to be given or done to the detriment of his Church may have no validity, seeing that the law forbids it.
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