Oliva 11-16 
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[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 impeded. 

[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 VARYING PREAMBLES

[15.1] It 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 NUNS

[16.1] 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 pious desire. 


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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 7.19.

191 Above, Oliva 8a.4. Another variation: below, 58.3 (see also Palma 50.2).

192 Above, Oliva 8a.2



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© Steven M. Wight, Los Angeles 1998

Scrineum © Universitą di Pavia 1999