[Tractatus plurimi iuris]

of the bishop ought to observe, and so the court officials observe it. And also when other judges, especially delegates. But whether the cited person is held and constrained in the reverse case, namely if the citation is decreed on a holiday so that the defendant is cited to a non-holiday, see noted there by the doctors. And finally, Joannes Andreae holds there in the Novella that such a citation holds. And he distinguishes there a triple act in the citation: the first act is the precept regarding the day of the citation; the second is the execution of that precept, that is, the act of the citation itself; the third is the process begun from such a citation. The first act, as noted, does not require the cognition of the cause, and therefore it can be done on a holiday, as in law "F.", Code, On Holidays. The second act, for the same reason, similarly can be done on a holiday. The third act is that which is the initiator of the process; since this has the cognition of the cause, it cannot be expedited on such a day. They shift to the Speculum, title "On Citation," § "Law," verse "Also that the citation." Joannes Calderini also holds the contrary. And among other reasons, he moves that the citation is of the process also by itself and principally, as in Venerabile, On Proofs. Therefore, this makes it so that by such an act, jurisdiction is perpetuated because it is a judicial act, as noted On the Office of the Delegate. Since, therefore, it is judicial, it ought not to be done on a holiday. Perhaps this is safer, and so it is observed. But whether it be a citation "to appear on such day," or if then the day of the receipt or the insinuation of the citation letters is computed in the number of days expressed, see Guillelmus in the Speculum, "On Citation," § "Seen," penultimate verse, and "On Dilatory Exceptions," § "I" and "If you place." And he holds that it is not computed. Also, in the form of the citation, I did not place a certain hour, namely "appear on such day at such hour, at the third or vespers, etc." Since, therefore, a certain hour is not prefixed, he must wait for the defendant until the end of the day, or until that hour in which he can expedite it in the field before the shadows of night, On the Office of the Delegate, he advised. If it is late, wait until the following day, as noted there. Also, there is no mention of the place. Which the ordinary discerns has a place, whether it is in the consistory, as

I said above. It is otherwise for the delegate, where he ought to assign a certain place, On Rescripts, Olim, last chapter. It is said in the form, "appear lawfully," where he can appear by himself or by a procurator, as I will say later. And the delegate regularly cannot cite that he appear personally before him; it fails in the cases noted there, in chapter 1, On Judgments, Book 6. Also, it says "Grimonijs" likely a corruption of peremptorie such and such, and the cause is not expressed for which he is cited, that is, by such a citation, litis pendentia the state of a pending lawsuit is not induced, as in Clementina 2, On pending lawsuits. For this, therefore, that the citation may make the suit pending to the effect that nothing can be innovated, it is required that the citation be instructing, namely that it shows the petition upon which he ought to respond. Also, that it is made by a competent judge, and that it reaches the notice of the one cited, as in Clementina 1, On pending lawsuits. About this, whether in the citation the cause is to be expressed and why it is done, note by Joannes Andreae in the additions to the Speculum, "On Citation," § 1, above the verse "Also that in it no cause," where he seems to hold that the cause ought to be expressly stated for many reasons that he brings forward there, but commonly it is not observed. Also, the cited person is cited only to respond to the complaints of the plaintiff in causes in which one could proceed [before] the contestation of the suit, about which I made mention above. The defendant could be cited from the beginning for the whole cause, namely to proceed and to see proceeded in such a cause to all and singular acts incumbent, observed at the due and customary terms, until the definitive sentence inclusive, with all and singular acts, activities, writings, letters, and muniments which he intends to use in this matter and to help himself, with the intimation that whether he appears as preferred or not, we shall nevertheless proceed in the aforesaid cause as shall have been just, the contumacy or absence of the cited person notwithstanding. And further, not dismissing the valves/doors of the aforesaid church to the cited person. And that if such is a privileged cause and [is cited] with a term, etc.