[Tractatus plurimi iuris]

fault and suspicion. The aforesaid lord dean presented, and humbly requested the same lord dean that, in the cause or causes committed to him against such-and-such, principally named in the same rescript or in the same letters, he might deign to proceed and cite them, or decree and grant to him citatory letters against them, and do justice. The same lord dean received the said rescript or apostolic letters to himself, saw and read them reverently, and ordered their tenor to be written by me in the acts of the cause, and decreed citatory letters to be made against the aforesaid N. and N. The tenor, however, of the aforesaid rescript or letters of commission is such: "Paulus, etc."

Since, therefore, the whole tenor of the rescript is reduced into act, it makes faith even if the rescript were lost. Regarding which in the chapter "Cum in iure" regarding the office of the delegate and the chapter "Cum olim" regarding privileges. In these and similar things, it must be known that the notary ought to write the aforesaid, for it is the office of the notary to write all things that occur in the judgment, the precepts of the judgment, sealed and orderly, and to hand over a copy to the parties and retain a copy of the things handed over, as noted by Hostiensis Henricus de Segusio, a major canonist on proof. But if the citation is made by a messenger, the notary should write thus: "Such-and-such judge enjoined such-and-such messenger of his that he should cite such-and-such at the petition and instance of such-and-such, on such-and-such a day, etc.," as noted in the chapter "Quoniam" regarding proof.

Form of the citation of a delegate.

Dean of the church of Blessed Mary of Erfurt, of the diocese of Mainz, judge of the cause and of the parties underwritten, or judge specially deputed or delegated by the Apostolic See for these writings, to all and singular abbots, priors, provosts, deans, rectors of churches, clerics, and public notaries whomsoever through the city and diocese of Mainz, and elsewhere where the constitution may be specially [known], to such-and-such or such-and-such a parish priest, health in the Lord and to obey our mandates, or rather more truly the apostolic ones, firmly.

The letters of the most holy father in Christ and our lord, the lord Paul II, by divine providence Pope, bullated with his leaden bull hanging on a hempen cord in the manner of the Roman curia, sound, entire, and unhurt, and devoid of all fault and suspicion, in the presence of me, the public notary, and the witnesses underwritten, presented by such-and-such (principally named in the same letters), we have received with that reverence which was fitting, the tenor of which is known to be such: "Paulus, Bishop, etc."

After the presentation and reception of which letters, we were requested by the aforesaid N. that in the causes delegated to us against such-and-such, principally named in the same letters, we might deign to proceed, decree citatory letters against him, and minister justice to him. We therefore, the dean, judge aforesaid, wishing to execute the apostolic mandate as we are bound, to you and to each of you, in virtue of holy obedience and under pain of excommunication, which we, in these writings, after a canonical admonition is premised or gone before, strike against you and each of you as contemners and neglecters of the present mandate, firmly and strictly enjoining, we command that, having seen these presents, you approach where it shall be necessary to approach, [and] take care to cite publicly the aforesaid N., whom we peremptorily cite by these presents, that on such-and-such a day, or on the twelfth day from the insinuation and publication of these presents (calculating four days for the first, four for the second, and the remaining four for the third and peremptory term assigned), he appear by himself or by a sufficient procurator at Erfurt, in the court of our residence, in the accustomed place, before us on such a day to answer for justice. Citing him also to all judicial acts accustomed to be observed in law, gradually and