[Tractatus plurimi iuris]

whether this suffices, or if proof is required through witnesses or instruments, Guillelmus treats in the Speculum, "On Remedies," § "It follows," verse "Also that," "On the Office of the Judge," § last, there through Joannes Andreae in the additions to the Speculum above, verse "Thirdly it must be said," and verse "Sixthly it must be sought," and up to what time should he be heard here upon those things for which the mission was made, read and note "On not contesting the suit," Since original: "qm", § last, at the end, and the final gloss and upon it, that he should be heard until the second decree intervenes. After the second decree, however, before he is heard, it matters whether by the second decree the possession was adjudged to the plaintiff, or if it was adjudged to the defendant in full. If the possession was adjudged [to the plaintiff], he should be heard, but the plaintiff ought to have the fruits of the possession until the principal [case] is finished. If the thing was adjudged in full, the way is closed to the defendant, because then he is not heard. And these have place in the contumacious before the suit is contested. What, however, it is in contumacy after the suit is contested, having been treated, and how it will proceed will be evident in its place. And this is one mode, according to which it will be proceeded against the contumacious, not however that the judge will hasten much to make a mission "On Vows and Vow Redemption," It happens in the first gloss. Contumacy is also punished by the taking of pledges, by a fine, and by other modes, about which in the Speculum, "On General Matters," § last. And that even an ecclesiastic can impose a fine is held "On Penalties," Although original: "licet", note "On Vows and Vow Redemption," chapter 1. And Hostiensis posits a special rubric about the fine in the Summa, "On Sentences and Res Judicata." And the Speculum treats of it, "On Sentences," § 2, verse "is the fourth." If, however, the judge wishes to inflict the penalty of excommunication upon the contumacious, let him proceed thus against him, that he has to admonish him so that he may still obey, assigning a certain term for him, [so that he may] purge his contumacy. And if the judge is a delegate, let him write under this form:
¶ M., Dean of such a church, Judge of the cause and of the parties written below, by him specially delegated, to all and singular rectors, deans, custodians, hebdomadaries, parish priests, and rectors of divine services, curates, non-curates, clerics, and public notaries, to whomsoever through the city and diocese of such, and to others wheresoever constituted, who shall be required by the presents, greetings in the Lord, and in our mandate we warn firmly to obey in apostolic [matters]. And by apostolic authority committed to us in this part, we have cited and caused to be cited such a one, so that on such a day assigned to him for a peremptory term, he might appear in such a legitimate place before us, to answer to the plaintiff. But because the same person cited in such a term, sufficiently expected, scorned to appear, whence N. the plaintiff or his procurator appearing before us in the aforementioned term, and accusing the contumacy of the aforementioned cited [party] not obeying, asking him to be reputed contumacious by us, and to proceed against him for such contumacy, we repute him as he was deservedly contumacious, and we said that it should be proceeded against him as it shall have been just. Therefore, we command you all and singular, jointly and divisibly, in virtue of holy obedience and under penalty of excommunication which against you and against each of you, if you shall neglect or scorn to fulfill this mandate of ours, canonical monition of three days having been premised, in these writings we inflict, firmly and strictly, [that you approach] where for the part, etc., it shall be necessary to approach, [and that you] publicly and diligently [admonish] the mentioned N., contumacious, whom we by these presents peremptorily admonish that before twelve continuous days, calculated from such admonition, [he may] purge his aforesaid contumacy, obey the law before us, or settle amicably or in law with the aforementioned N., plaintiff. Otherwise, we excommunicate him for such contumacy in the name of God in these writings, whom, thus excommunicated, you shall announce publicly during the solemnities of the mass before the multitude of the people from the pulpits on the day of execution, etc., as above in the form of the citation. In this form is placed the narrative of his contumacy accused. But those narrative words, if they are not proven, as in the Clementine Letters original: "cle. lere", "On Proofs"