[Tractatus plurimi iuris]

to cite, as held by Goffredus and Hostiensis in the chapter On the one who is put into possession original: "De eo qui mittitur in possessionem", although he referring to the author of the Speculum and the Abbot hold the contrary. And the citation ought to be made in clear words. But whether one should trust a messenger reporting that he has cited, Guillelmus treats in the Speculum, "On Citation," § "It follows," verse "But whether one should be trusted" and the following. And he counsels there that any judge, especially a delegate, in the presence of the plaintiff and a notary, should enjoin the messenger to cite such a defendant on his behalf under such a form, so that on such a day and place he may appear peremptorily in such a cause before him to answer. And then the notary should reduce this command of the judge and the mandate made to the messenger into the acts. Because, granted that the messenger is trusted regarding the act of citation made by him, he is not, however, trusted regarding the commission made to him, as Joannes Andreae says there in the additions. For Goffredus, in his treatise On the Edict, "If anyone is summoned to court," says that for there to be place for this edict, six things are necessary, of which the second posits that the citation must be made by the mandate of the judge, and he posits this on account of bad messengers who sometimes summon without a mandate. And on account of this, which Joannes Andreae says in the additions to the Speculum in the place immediately alleged. And he reproves what is observed in many places, that the command made to the messenger about citing is not written down. But when the report of the citation is written, it says thus: "Such a messenger reported himself to have cited such a defendant by mandate of the judge." Since his office is not about the mandate, but about the execution of the mandate. Let the notary write, therefore, in the acts how such a judge appointed such a messenger of his to make citations in such a cause, which messenger swore corporally, touching the holy gospel, to faithfully perform and report all embassies and citations in that cause imposed upon him by the judge himself. And there also, the same Joannes Andreae in the additions in that doubt: "Whether one should trust a messenger, even a public and sworn one, regarding citations," or whether one should rather stand by the oath of the party wishing to swear that he was not cited

he recites diverse opinions of what the doctors and practitioners think regarding this. Hostiensis, in his Summa, rubric "On all," § 2, verse "What if absent," holds finally that this is to be left to the discretion of the judge, who, having weighed the quality of the persons and the business, may either trust the messenger or defer the oath to the one denying he was cited in order to show his innocence. And this pleases Joannes Andreae in the additions, where above, on account of the grave danger that would impend over a good man not cited by the statement of a vile rascal. But this is not so arbitrary as that which is in the chapter He consulted original: "c. consuluit" on the office of the delegate, about which it is not permitted to complain. Whence, if a judge were to judge badly in this case on account of the grievance, one can appeal, because we see sometimes the worst judges, just as [there are] messengers. Unless indeed the citation is by letter, the citation is proven by the very fact that the one who is cited sends back the letter of citation or of the omission made to him, affixing there his seal. And general custom holds this, thus noted by Hostiensis in the chapter Since original: "c. Quoniam", "On Proofs." However, it is better that he write back by his letters the day and form of his citation made, especially when it is a citation so that he may appear on such a day, etc., in the twelfth, etc. How, however, a chapter ought to be cited, note in the chapter Good original: "c. bone", 1, "On Election," because the chapter itself, aggregated capitularly, ought to be cited if it can be found. If it cannot be found to be convoked, or if they do not wish to be aggregated, then let a man do what he can. Whence let it be cited publicly in the church, as it is said there in the gloss which begins "And thus let them be cited," even the individuals, not as individuals but as those from whom the chapter is constituted and who, together with others, make the chapter; otherwise the citation would not be valid, because the cause of the chapter is not the cause of the individuals or vice-versa, 12, q. 2, "He who is manumitted." And note in the chapter Good, already alleged. Therefore, the citation having been made, if it is done by a messenger, let the messenger return to the judge, reporting to him in the presence of the notary how, where, and