[Tractatus plurimi iuris]

at his duty. For which note in the chapter "Quis" regarding appeals. And he should present the letters of commission to him, and then he begins to have jurisdiction, as we owe. He also requests humbly that he execute the apostolic mandate and cite the adversary, and without delay obtain the decree of citation to the effect of perpetuating the jurisdiction. Regarding whether jurisdiction is perpetuated by subdelegation, one must have recourse to what is noted in the chapter "Quis" regarding the office of the delegate in the sixth book.

Also, he should cause the citation to be implemented, decreed by the ordinary or delegate, executing the citation against the adversary lest by prejudice before another judge he be able to be anticipated, as note in the alleged chapter "Ut debimus". To the understanding of that, it must be noted that in many ordinaries, sometimes there is a graduation, sometimes an accumulation of the forum. Where there is a plurality of judges by way of accumulation, there is a place for prevention, so that he who cites first is the judge. Also, the same is in the delegate and the ordinary. And this prevention is made by citation. Prevention could also be made by the change of domicile. Also, for the effect of announcing the pendency of the suit, he should hasten to procure the citation to be intimated to the adversary. From which collect three effects of citations.

The judge therefore, at the petition of the plaintiff, has to discern the defendant party to be cited. And such citation can be made by letters of the judge or by living voice. It is made by living voice in many ways. Sometimes by the judge himself who cites with his own mouth. Sometimes by a notary, and the notary himself can testify about such a citation made by himself and write that he cited. Sometimes by the party in virtue of provocation to the cause. Sometimes by a messenger. And it is also made, as I said, by letters. What the letters of citation ought to contain will be patent below. And Guil. puts it in the Speculum on citation.

One can also add a third member or a third mode of citing, as Jo. an. Johannes Andreae says in the additions to the Speculum. How citation is also made to the defendant himself, so that when he is caught by force, he is unwillingly led to judgment. Regarding which Jo. an. wrote in the chapter "Romana".

If therefore the judge is a delegate who is an auditor, he should receive the rescript or letters of commission reverently and devoutly, because by salutation and blessing are induced effects about which in the proemium. And how he presents, and how the judge in receiving and inspecting the rescript ought to conduct himself, Guil. hands down in the Speculum on the presentation of the rescript, paragraph 1, in the beginning. And how upon the presentation and reception of the rescript an instrument ought to be made at the mandate of the judge by a notary, it is also treated there, and how the tenor of the rescript is written among the acts, and the notary writes under this form:

In the name of the Lord, amen. In the year of the birth of the same 1473, in the indiction such-and-such, of the pontificate of the most holy father in Christ and our lord, the lord Paul II, by divine providence Pope, on the 10th day of the month of November, at the third hour or thereabouts, in the town of Erfurt, of the diocese of Mainz, in the court of the residence of the venerable man, the lord Bunold, dean, and before the same lord dean. In the presence of me, the public notary, and the witnesses underwritten, personally appeared such-and-such cleric or layman of such-and-such diocese, [presenting] an apostolic rescript or apostolic letters, of which the tenor is described below, with the true leaden bull of the same lord Pope hanging on a hempen cord, in the manner of the Roman curia, bullated, sound, entire, and unhurt, and devoid of all