Fictus

in § 1. Because if he hides or prevents the citation from reaching him, or appears less than instructed, etc. About which also in the Speculum, "On Contumacy," § 1. Also, contumacy is multiplex. Some contumacy is true and truly what is otherwise called evident or notorious, as when the one cited answers that he will not come, nor will he move a foot. And it does not suffice to say this outside of court; if he said it in court, it would be indubitable. And Joannes Andreae treats nicely of seven other doubts about this in the additions to the Speculum, "On Contumacy," § 1. The second contumacy is true presumed, as because the one cited is apprehended personally, but does not come in the term. That is said to be true in that respect, because he was apprehended personally. "Presumed," however, it is said, because by not coming he can perhaps be excused on account of some impediment. The third contumacy is fictitious, as because he is not apprehended personally, but cited to the house, about which also in the Clementine Unique original: "cle. vnica", "On Vows and Vow Redemption," in the great gloss. And it is valuable to know this on account of the following, especially for this, because for contumacy the contumacious person is bound to the restitution of expenses. But the aforementioned quality, namely if he is an evident or notorious contumacious person, is aggravated by such a qualification in two ways. First, in expenses, I do not say to be restored, but to be restored before he is absolved from the sentence of excommunication, in Venerable original: "venerabilibus", § "Otherwise," book 6. Secondly, in that he does not have the benefit, or even rents or fruits before the judge, about which through Joannes Andreae in the additions to the Speculum, where above. If, therefore, the plaintiff is contumacious, he will be punished as in the chapter Actor original: "c. actor", "On Vows and Vow Redemption," book 6, that he pays expenses, and with this, he would not be admitted to another citation unless he makes a caution that he wishes to faithfully appear from now on, as there. He can, however, also with the defendant insisting and wishing to teach of his right, proceed to the definition of the suit not contested, about which in the chapter The cause which original: "c. causam que", "On Vows and Vow Redemption."

citationis

¶ Student. And how then one should proceed and in which citations the contumacious plaintiff should be called. Fully through Innocentius and others in chapter 1, "On not contesting the suit." But if the defendant is contumacious, he has penalties, because he can be excommunicated, or if such is the cause in which a mission placing the plaintiff in possession of the disputed item can be made, in which it is not possible to proceed to the suit not contested. But if it is a cause in which it is possible to proceed to the suit not contested, from the privilege of the law or of a man, as he says above in the Clementine Dispensatious original: "cle. dispensiosam", "On Judgment," and in the Clementine Often original: "cle. sepe", "On the Meaning of Words." Then it is possible to proceed in the principal [case] to the reception of witnesses and to the definitive sentence in penalty of the contumacy of the defendant. So, however, that the defendant is cited to individual acts, about which I also said above. And thus the conservators given for the university of studies, etc., can proceed in the principal [case] against the contumacious, since they ought to proceed from the special mandate of the prince summarily and plainly, etc. They can, however, if they wish, proceed against the contumacious defendant to excommunication or mission just like other judges. The term of the citation therefore arriving, let the plaintiff appear by himself or by his procurator, if such is the cause in which a procurator can be constituted with citation letters, and let him make faith to the judge about the execution or insinuation of the citation made to the defendant by the mode which I predicted, accusing the contumacy and absence of the cited [party], asking to be pronounced and reputed contumacious and that proceedings be made against him as against a contumacious person, as Digest, "On Judgment," To be hastened original: "properandum", § "And if indeed." And note through Guillelmus in the Speculum, "On Contumacy," § "It follows," and "On Appearance," § "And let him make" [that] he reduces individual [facts] to be written in the acts, "On Proofs," Since contrary original: "quoniam contra". And the judge will pronounce or repute him contumacious by saying, "Such a one, cited by us and by our mandate for today at the instance of such a one over such a matter, and sufficiently expected, nor by