[Liber sextus Decretalium]

Consider

c To be able to give commendatory letters to the orders for himself. Thus, from the bishop of the domicile, see below: On temporary orders, "When none," 1, r.? no., and in the place of origin it is said that the domicile is retained, Digest, On the Senate, law penultimate. Just as it seems to be in the mind of the founder that regard should be had for the place of domicile, not the place of origin. And this is because he says "in the place of domicile," which is aptly drawn by that word "drawn," as above, "Not some," which is also found there. And by the mind of the founder, I believe this is to be held. To this end, above, On burials, "When someone," where no account is taken of the place of origin, and Code, On long-term prescription, law "Finally," where prescription precedes as among those present. Therefore, the one prescribing and the one against whom it is prescribed are in the same province, although the thing might be from a province. This is noted by the Ostian, ibid., in the gloss of Guilelmus in the Speculum, and it is silent, etc., section "I," is in the case of the diocesan of someone, where nothing else is added, it must be understood as the diocese of the domicile. And this has been disputed and determined, and the Roman Curia follows this, as I have heard.

a In the last two, namely, when the plaintiff cannot safely convene the defendant in the city, because he dares not enter the city, or because he fears the power of his adversary.
b First, note, and it is Digest, 1, On elections, "Someone," and Chapter "Fear," to that, above, On restitution of spoils, "The prelate," which says, above, section "In the end," of the judge it is.
c Judge, note, for he investigates on his behalf, here, Code, On trusts, law "Of the will," Digest, On things of the church, law "He who judges."
d At least, note that if faith can be made otherwise, this should be done first, and recourse is had to an oath only in the completion of other proofs, above, On proof, chapter "2," On the accused, "From the intimation," Digest, On usufruct, "To be warned," Code, On usufruct, 1, "Of good faith," note that an oath is...
e By his own oath, fear of proof. Make that note, 82, Distinction, "You proposed," to this, above, On faith and error, "Finally," 2, On exceptions, "Pastoral," above, On elections, "As about," and chapter "To no one." And add what I said above, On the rule of law, "Ignorance is presumed, but not in absolving," he learns.
f In the principal cause, he proceeds without taxing and judging of expenses as follows. Speak as noted, 2, Question 1, "In the first places," of...
g Legitimate, which by deceit and contumacy end.

...from the end of his diocese he may be convened. But in the last two cases, let the plaintiff make faith to the judge regarding the aforementioned fear, which he is bound to express in the letters of commission. Firstly, let the judge himself not proceed in the cause at all, but rather dismiss the parties from his jurisdiction, ordering the petitioner to pay legitimate expenses to the other party.

h When however, above, in the preceding, he did not say what when the plaintiff and defendant are of the same diocese or city. Now he says here what to do if they were of different ones. But regarding prelates of orders or places who petition for their members, whether they have special governors or not, speak as in the Clementines.
i To have, that is, to petition, same title, "Abbots."
k Refuse, note that the plaintiff refuses the judges, and this is true in the judge approached, whether delegated or ordinary. Whence if the defendant has several ordinaries, the plaintiff chooses one, and refuses another. But when the case has already been approached, it is otherwise, because then the plaintiff does not refuse, but the defendant does, unless from a new cause or one newly arrived at his notice, above, On the office of the delegate, "The cause which," and chapter "He who," iinus?.

When however the plaintiff and defendant are of different cities and dioceses, if the plaintiff refuses to have a judge in the city or diocese of the defendant, he may freely petition for him not in his own, but in another

l He has drawn, and in which he is deputed as judge, above, pz?. before.
m Dieta (a day's journey), whether this day's journey is to be counted legally, namely, that miles are counted for one day's journey, Digest, On if someone caution, law "Twenty," or vulgarly, namely, according to the custom of the region, speak as noted above, "Not some," and above, On elections, "Desiring," 1, R., finally, thus, and that it should be understood according to the vulgar, proof of this, above, On proof, "Present," question "Places."
n Removed, whence even if that place were removed a little beyond one day's journey, such that it cannot be considered one mile, no convention can be made there, Digest, On if f̄g?, law "3."

city or diocese, and draw the defendant to the same, provided that the place to which he has drawn him is not removed more than one day's journey, as is permitted in other causes.

o Of the aforementioned, above, when the plaintiff and defendant are of the same diocese and the same judges are petitioned for another cause, or they are of different ones and in the city of the defendant judges are petitioned, or in a third city.
p Has been deputed, note, therefore, that it is required not only that he does not cite to a place not removed more than a day's journey, but also that he does not cite outside the place in which he has been deputed. Formerly, however, we said about two days' journeys that if the judge, in leaving the place in which he is deputed, comes to a place not removed more than two days' journeys, he can proceed.

In none of the aforementioned cases should the judge cite the parties outside the city or diocese in which he has been deputed, nor should he hear the cause committed to him, unless the express assent of the same has been granted for this, nor may he commit his duties in any way elsewhere than within those limits, and in places only as designated above.

de excep. olim. hodie in sup. adictis casibus non sic. vt hic vides.

q Cite the parties, and if he has cited, he is not bound to go, because the citation is void by the law itself as in the end, chapter, and if he proceeds against them because of this, the process does not hold, as there. But whether the cited person is bound to go to allege a privilege or defense, speak as noted, m?. question n?, "If the bishop," and on accusation, "You come," in the last gloss.
r Express, I believe this is to be understood in this letter, that if tacit consent intervenes here, for example, because an exception is not opposed, I believe that the process does not hold by the end of the chapter. I believe the same if the consent of the defendant intervenes and not of the plaintiff or vice versa. Although he who consents only seems to be favor, for the same reason, since this letter says "of the same," Johannes Andreae.
s Those, cities, or dioceses, in which he is deputed.
t Designated, above, i.e., constituted in dignity or prelacy or canons of cathedral churches. Therefore, this opinion is approved by this letter, and of the moderns who were noting in the present decree, that the same law was in the delegates of the apostolic see as in the legates, but in the ordinaries, however, you hold that which you have, above, On the office of the ordinary, "As litigants," and chapter "When the bishop."
v His duties, it is otherwise if he were to commit a hearing or some certain article for this, above, On the office of the delegate, "On questions," and I said above, e?. question i?.

Moreover

x Moreover, as if to say, above we provided regarding the persons and places, to whom and in which causes must be committed and handled. Now we provide for the undue exactions that were happening in the courts by judges, assessors, and notaries, concerning the time of the process, he said, because it was already sufficiently provided for by the ancient laws, above, On holidays, chapter "Last," on the office of the delegate, "Solved," in the Authentics, On the judge, section "But they will be."