[Tractatus plurimi iuris]

successively up to and including the definitive sentence. With the intimation that whether he appears or not, we shall nonetheless do that which is just. Moreover, the day of our citation and the form, and what you have done in the premises, you shall faithfully write back to us by your letters patent containing the series of these letters. Given at Erfurt, in our aforesaid court, in the year of the Lord, etc., under our seal.

And this form is commonly frequented, although it sounds in other words in the Speculator under the title "On citation". And this form sounds of a single delegate judge. But sometimes more are given, namely two or three. And these are sometimes given simply. Sometimes with diverse clauses. And sometimes with such a clause: "That if you cannot all be present, two of you shall nonetheless execute it." Sometimes with the clause: "That if both cannot be present, one of you shall nonetheless execute it." And this is when there are two judges. Sometimes with the clause: "As far as you, or two, or one of you." The first clause is placed in the rescript of appeal which is produced in the audience of contradictory letters.

Sometimes the parties do not agree on one judge, and then three are given with the clause "That if all, etc.," and each of the parties shall choose one, and the chancery gives the third. And then all three have to proceed, nor do two have to proceed unless the third excuses himself. The last clause is frequented in conservatorial letters, when conservators are given to churches or to universities of studies, because then the clause is placed: "As far as you, or two, or one of you, etc." And then each can proceed in full from the beginning.

The second form by which two judges are given with the clause "That if not both" is not in use today. When therefore more judges are given with the aforesaid clauses, mention of these kinds of clauses ought to be made in the citation, saying thus: "M., Dean of the church of Blessed Mary, judge and conservator of the venerable and circumspect men, the lords masters, doctors, and scholars of the alma university of the studium of Erfurt, together with others our colleagues in this part. With the clause: 'As far as you, or two, or one of you, etc.', delegated by the Apostolic See."

However, that the delegate ought to be prefixed as to the name is manifest, because he represents the person of the lord Pope. And when there are more delegates, then the greater and more dignified ought to be prefixed. Regarding which in the Speculum on citation. Around which is noted one doubt of fact. Let us posit the cause was delegated long ago to the Bishop of Prague. Could he, after this church was made metropolitan and he himself was made archbishop, proceed in the cause previously begun before him? Jo. an. Johannes Andreae in the additions to the Speculum on the title "On the delegate" seems to hold that yes, if the proper name was expressed in the commission. The reason is that because of the archiepiscopal dignity he does not cease to be a bishop. Whence the Pope calls himself a bishop.

This doubt can be moved because of those playing at chess, as Jo. an. says there. By the same law it was judged that he who in a game of chess seeks to kill his companion with the person, when the queen is made, the victor it will be, for which Jo. an. in the additions where he brings more laws and reasons. He says, however, that he heard the contrary pronounced. By concordance, he distinguishes: the first he says to proceed when the prevention was made about a certain person. The second, when it was not agreed upon a certain one. Also, in the form, the delegate is mandated to all