[Tractatus plurimi iuris]

it is not necessary for him thereafter to be cited anew for individual acts. Otherwise, if it is not a privileged cause in the process, or if it is such a citation that in this mode it is not of the citation but only to respond to the complaints, etc., then it is necessary for him to be called to individual acts, as Guillelmus seems to say in the Speculum, "On Citation," § "Seen." However, Johannes Andreae says there in the additions that this proceeds where the judgment is not in a place remote from the voice of the one cited, for example in the curia. For then, because it would be most difficult for citations to be sent for individual acts, it can proceed to the examination of the cause and the definition if he does not come. If, however, the party comes or a procurator, he will be cited to individual acts even if he were contumacious in one. About which more fully by Joannes Andreae in the additions to the Speculum, "On Citation," § "Seen," above the verse "My lord." Regarding the commination threat of penalty, what ought to be done, I remitted this regarding the form of the delegate's citation. Yet such commination is not to be made of necessity, nor does it have the force of a peremptory one unless otherwise expressed peremptorily, about which in the Speculum, "On Citation," § "Seen," verse "But it is asked." At the end of the citation is placed "Given," etc., nor are witnesses subscribed, etc., because it suffices for the citation letter to be sealed with the seal of the judge, whether it is before a judicial matter or regarding judicial matters, as noted in chapter Quoniam, On Proofs. Citations, however, that emanate from the curia are reduced by a notary into public form, and this is safer in arduous matters, especially before a delegate. And so much for the decree of citation and its form, which, however, can be extended as it seemed expedient.

On the Act of Citation

The act Now let us see the act of the citation itself, how he to whom the citation to be made is committed by letters or by living voice ought to behave, because he ought to approach the one to be cited and cite him according to what is enjoined upon him, if the one to be cited makes a copy of himself [available]. If he cannot have him personally, let him protest about this and about the diligence done regarding this. And always the one to be cited is to be sought if he is found, see about him who is put into possession of a cause, Digest, Book 6. If he is not found, let him be cited by the care of him, if he left anyone, which he who absents himself is held to leave, especially if he is once cited, On Procurators, "Dilectus," and on him who is put into possession, chapter "Si." If he did not leave a procurator, let him make the citation to the house, and friends will be required, about which in the chapter "Causas que," On Vows and Contumacy, where in the gloss, and in the last chapter, same title, and in the last chapter, On him who is put into possession. Also in the church in whose parish he lives and dwells when the people gather for divine services. And a certain form is handed down in the citation, namely: let it be published in such or such a place. And this form is to be observed in law "Diligenter," Digest, On Mandates, in the chapter Cum dilectus, On Rescripts, as in citations that emanate from the court. In which it is written: "If you can have a copy of him. Otherwise, at the house of his habitation, and in the cathedral church, etc." Yet the citing official ought not to enter the house of the one cited against his will, etc., about which in the Speculum, "On Citation," § "It follows," verse "But whether the defendant." And in Clementina, "Causam," On Elections. And he is called absent who is outside the province, as noted there. Therefore, as long as one makes a copy of himself available, he is not to be cited to the house, because one recurs to the citation to the house as if to a last refuge, as Hostiensis notes, On Vows and Contumacy, "Causam que," unless in cases in which it also suffices the first time. And to what extent citation to the house has place, see fully by Innocent and others in the chapter last, On him who is put into possession. Indeed, it would not suffice to be notified to the procurator if he himself is present. So holds Vincentius in the last chapter, On Vows and Contumacy. And when the place of the one to be cited cannot safely be approached, the Pope mandates the citation to be made by edict, about which On Judgments, chapter 1, in the Clementina. And this one to whom the citation to be made is committed can [do it] through another.