Title — Liber Sextus

Title V: On the Postulation of Prelates

English · Latin · Both

1.

Chapter I

If anyone elects “by postulating,” or elects one “to be postulated” or “toward postulation,” or postulates “by electing,” postulates one “to be elected,” or postulates “toward election,” such an election or postulation is invalid by law itself. The same is true if he says, “I elect and postulate, insofar as it can better have validity in law,” unless it is reasonably doubted whether the person ought to be elected or postulated. In that case, at the time of consent, he is to choose one of the two courses, namely election or postulation; once it has been chosen, he cannot return to the other. This is what it says. John Andrew.

Boniface VIII.

By a perpetual edict we prohibit anyone henceforth from proceeding to make elections or postulations under any of these forms devised by pernicious curiosity: “I elect by postulating,” “I postulate by electing,” “I elect one to be postulated,” or “I postulate one to be elected,” since neither a true election nor a true postulation results from them, but rather they oppose one another; or under these words, “I elect toward postulation,” or “I postulate toward election,” since they are known to signify an imperfect act. If the contrary is done, we decree it invalid by that very fact.

We also prohibit anyone from being postulated or elected under this form, “I elect and postulate, insofar as it can better have validity in law,” since it contains uncertainty, and establish that what is done contrary to this is altogether without force, except when it is reasonably doubted whether someone ought to be elected or rather postulated. In that case, the person so postulated or elected is necessarily bound, at the time of consent, to choose the course of election or of postulation, lest he wander in uncertainty; permission to return to the other after he has chosen one is altogether forbidden to him.