[11.] DOCTRINE FOR
COMPOSING PREAMBLES IN PRIVILEGES
[11.1] For the sake of those who have neither the
talent nor a pattern to vary preambles and narrations, I have here briefly caused to be
noted down some classes of preambles for patriarchs, archbishops and bishops. These
following preambles can be placed for all those <prelates>.
[12.] A PREAMBLE
[12.1] Whenever petitions flowing from the root
of justice are extended to us, we should admit these readily, from the office of
administration imposed on us, because anyone seeking an equally just and honest result
should not be vexed by any delays.
[13.] ANOTHER PREAMBLE
[13.1] Since we have been established by the
clemency of divine dispensation to conserve justice for the flock committed to us, we are
required to admit just and honest petitions and to strengthen those admitted with the
force of our privilege.
[14.] ANOTHER PREAMBLE
[14.1] The piety of ecclesiastical solicitude
constantly admonishes and exhorts us, that we should extend a ready assent to just
petitions, lest through a lengthening of time the wishes of the petitioners might be
[14.2] These preambles are general, and they
would suffice for any of the aforesaid <ecclesiastics>, but there is still something
more to be said about their preambles.
[15.] ON THE DOCTRINE OF
befits those who fulfill the office of patriarch to recognize the just desires of
petitioners with clemency, and lest they be disturbed by the molestations of the wicked,
to add canonical strength and ecclesiastical favor by means of a muniment.189
[15.2] This preamble can be varied in many mays.
Where 'of patriarch' is placed for a patriarch, 'of archbishop' is placed
for an archbishop, and 'of bishop' is placed for a bishop, and the preamble will be
properly adjusted for each.
[15.3] Furthermore, near the preambles given
above for the pope is clearly said how they might be varied for these
<ecclesiastics>, since they can invent preambles from a service conferred to them or
to their church or to their predecessors, from the religion of a person or persons, and
from a case which awaits their own judicial ruling, just as is contained above.190
[15.4] They can also make mention concerning
their own privileges granted by their predecessors, just as is included towards the end of
that preamble which begins: Since we are required by the office imposed on us.191
[15.5] And that preamble given above for virgins192 can be varied just as is contained above. Having proposed the
prefaced preamble, any dictator can arrange a preamble for virgins in many different ways.
[16.] A PREAMBLE ABOUT
Since the heavenly order of
virgins is betrothed to Him whom the angels serve, we are required to grant our solicitous
protection to virgins dedicated to God and to provide for them in all things, so that this
order can lead an angelic life on this earth according to the vow of its profession and
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189 Cf. PAUL ZINSMAIER Die Urkunden Philipps von Schwaben und
Ottos IV. (1198-1212) (Stuttgart 1969) 21 and the papal preamble Solet annuere
sedes apostoloca piis votis et honestis petentium precibus favorem benivolum impertiri.
This preamble is discussed in JANE E. SAYERS Papal Government and England during the pontificate of Honorius III
(Cambridge 1984) 109-110, and the preamble Iustis petentium desideriis is analyzed
at 110-113. Variations of it also appear above, Oliva 7.11,
7.17, 8.4, 10.2, 14.1, below, 47.1, 60.2 and Isagoge 3.14.
190 Above, Oliva
191 Above, Oliva
8a.4. Another variation: below, 58.3
(see also Palma 50.2).
192 Above, Oliva
© Steven M. Wight, Los Angeles 1998
Scrineum © Universitą di Pavia 1999