causa — Decretum of Gratian
Causa XVII
GRATIAN. A certain priest, weighed down by illness, said that he wished to become a monk; he renounced the church and benefice into the hand of the advocate. After he recovered, he immediately denied that he would become a monk and reclaimed the church and benefice. (Question I.) Here it is asked first whether he is bound as liable to a vow, or whether he is permitted to depart from the purpose of his heart. (Question II.) Second, whether the church and benefice which he previously rejected by his free will are to be restored to him. (Question III.) Third, if it had happened that he handed himself and his property over to the monastery, whether with the abbot’s permission he would be permitted to return to his own property. (Question IV.) Fourth, if he went back without the abbot’s permission, whether his property is to be restored to him by the abbot.
GRATIANUS. Quidam presbiter infirmitate grauatus fieri se uelle monachum dixit; ecclesiae et beneficio in manu aduocati renunciauit. Postquam conualuit, mox se futurum monachum negauit, ecclesiam et beneficium reposcit. (Qu. I.) Hic primum queritur, utrum reus uoti teneatur, an liceat ei a proposito sui cordis discedere? (Qu. II.) Secundo, an ecclesia et beneficium ei reddenda sint que prius libera uoluntate refutauit? (Qu. III.) Tertio, si contigisset eum se et sua monasterio tradidisse, an licentia abbatis liceret ei ad propria redire? (Qu. IV.) Quarto, si sine licentia abbatis retro abierit, an sua sibi abbate reddenda sint?
Friedberg, col. 811/812