[Tractatus plurimi iuris]

those over whom he has jurisdiction, and no more than this. Otherwise, his jurisdiction would be well explained. See the title On the Office of the Delegate, chapter 1, refers to the Decretales Gregorii IX and the following. Concerning this, see the Speculum, title "On Citation," § "Now concerning citation," and § "What if the delegate gives an example." But whether the whole tenor of the rescript ought to be inserted into the citation is read and noted in chapter 3, On Dilatory Exceptions, and noted by Joannes Teutonicus in the gloss, 3rd question, 3rd canon. Otherwise, the citation is not valid. Note this in chapter Veniens, On Accusations, at the end, beyond the gloss. However, he is not held to send the sealed rescript itself to the one cited, as noted in the said chapter 2, On Dilatory Exceptions. Some also have sent the libellus a formal written complaint or petition in the citation, about which see chapter 2 already alleged, On Dilatory Exceptions. Also, when citing to respond to the plaintiff regarding justice, some are cited first to say whatever they wish to say or oppose against the commission, and this term is observed in the court as a substantial matter. Also, because a judge can and ought to be appointed, proved in chapter Cum ex litteris, On Restitution in Integrum, and in the Speculum, "On Citation," § "Seen," and § "Also the judge." Also, that in the form of the citation, it is posited that the executor ought to write back the day and hour, see this in the Speculum, "On Citation," § 6, verse "If he truly mandates." The delegate judge, however, does not always proceed by himself but sub-delegates the committed cause. And the form of the sub-delegation will be as follows:

N., Dean of the Church of Blessed Mary, judge of the cause and of the parties written below, specially delegated by the Apostolic See, to the honorable man, such-and-such chanter or scholastic. Greetings in the Lord. Know that we have received the letters of the most holy father in Christ and our lord, the lord Pope Paul II, by divine providence, in this form of words: Paul, Bishop, etc. But because we, held back lawfully by both our own affairs and those of our church, are not able to conveniently attend to and focus on the cognition and decision of this matter at present, therefore, having great trust in your legality, we commit our duties to you in this part

until we lead them to be revoked by us.

The Form of Revocation of a Sub-delegate Judge

By these apostolic letters presented to us, and received by us with due reverence as was proper, we, having diligently inspected the form and tenor of the same, noting that because we were held back at that time by arduous and lawful affairs of our church and others, we could not attend to their execution as duly as we would have wished. We committed our duties to you, lords N. and N. aforementioned, and to each of you in this part, until we would lead them to be revoked by us, as is contained more fully in our letters made regarding this. And because we wish to attend to the execution of these apostolic letters personally as we are held, therefore, because of this and certain other causes moving our mind to this, we have decided to revoke the commissions made by us to you by the tenor of these presents, and by these presents we do revoke them, and we have called, and by these presents do call, all and singular causes before you or either of you, in which we have committed the commission to you regarding any matter and between whomsoever and upon whatsoever [cause], in the state in which they were before you or either of you at the time of the notification of this our revocation, to us by certain knowledge. Which all and singular, we intimate to you all and singular aforementioned, and to others whom it concerns or who think it concerns them, by the tenor of these presents, and to the notice of you and each of you, etc. And some add the mandate: "Commanding you that you proceed in this matter according to the form handed down to you from the Apostolic See, and otherwise as it shall have been done by law." In testimony of which thing, we have caused these present letters to be strengthened by the appending of our seal. Given, etc. And although this is said, yet a sub-delegation can be made for one's own will alone, given that it was not held back by any lawful impediment.