[Tractatus plurimi iuris]

It is therefore necessary that this be established by the record of the cause or by a document written by a notary. And for this reason I said that it must be set down in the act. Furthermore, one must be warned before excommunication, because a warning original: "monitio" must precede other sentences of censure. Otherwise, the very sentence of excommunication is unjust in its order; thus, the one pronouncing it owes the penalties concerning which see the chapter Sacrosancta Holy things, concerning the sentence of excommunication. And when a sentence of excommunication is thus passed through a missed warning, or otherwise under a condition, if the one warned considers the sentence, or the precept, or the warning unjust, he must appeal within the time of the warning or before the condition, whereby the appeal suspends the sentence of excommunication, concerning which see the chapter Praeterea Furthermore, § appeal. And the warning must have competent intervals of time; thus, sometimes it is placed in the monitorial: six, eight, or twelve days, for the first four, for the second four, and for the remaining four for the third, for the peremptory term, and the canonical warning is assigned, concerning which see the chapter Constitutionem Constitution, § sentence of excommunication, book VI. It suffices, however, without that clause "and if," if the term is otherwise competent. If it is necessary to proceed against a college or a university, because a university or college cannot be excommunicated, as in the chapter Romana Roman, § in the university, concerning the sentence of excommunication, book VI, then the college or university must be placed under interdict; thus, one must then proceed in the form of excommunication for individual persons, of suspension for the chapter or convent, of interdict for the church or monastery, as when we say "we issue sentences" or "we place the university itself under interdict." If, however, it is a bishop or a superior archbishop, first he must be suspended, then, upon the increase of contumacy, from the entry of the church, and then, with contumacy increasing, interdicted, and thirdly excommunicated, as in the chapter II, concerning the office of the delegate, book VI. It is added in the mandate "as of then, put as of now" and "as of now, put as of then," but this is not necessary, as noted in the chapter Praeterea Furthermore II, concerning appeals, above, § excommunicated. And in the single Clementine original: "cle. vnica", concerning prebends, above, § as of now. Also, it must be excommunicated in these writings, because the sentence of excommunication must be brought in writing, concerning the sentence of excommunication, chapter I, book VI. But what is said, that the sentence is in these writings, Guido believes in

the Speculum, title concerning the sentence of excommunication, § but now, 5, 1. Note that if it is necessary, he advised, however, that one should say: etc. Also, if the excommunicated person persists in contumacy, he should proceed to the aggravation of the sentence. Wherefore, with increasing contumacy, the penalty should increase, as in "On not contesting the suit," Quam frequenter How frequently, at the end. And then it is accustomed to be written under this form:

Such a judge is delegated, or ordinary

To such a rector, etc., greetings in the Lord, etc. Whereas by apostolic authority committed to us in this part, if he is a delegate, we have cited such a one, or have caused him to be cited for such a term at the instance of such a one, etc., and because he does not care to appear contumaciously at the said term, we, for such contumacy, have brought the sentence of excommunication, etc., and have commanded him to be publicly announced as excommunicated. But because he persists in his contumacy in such matters and has rashly despised the aforesaid sentence of excommunication and remains hardened in it, wherefore, since with increasing contumacy the penalty ought rightly to increase, we command you that you publicly announce the aforesaid N. as excommunicated on every Sunday and feast day, with candles lit and then extinguished and thrown to the ground, and with bells ringing, from the pulpit before the people, and that you cause him to be avoided more strictly by all as one excommunicated.

Ordinaries write more briefly thus:

Such a provost or official to such a rector or parish priest, greetings in the Lord. Because such a one, cited by us for a certain term at the instance of such a one, has not appeared, wherefore we command you that you peremptorily warn him that he may still, within ten continuous days calculated from the receipt of the present, propose [his case] together with the aforesaid N., amicably or in law; otherwise we excommunicate him in the name of God in these writings, whom, thus excommunicated, publicly from the pulpits, etc.

Aggravation, officials write thus:

The official or judge general to the parish priest of such a church, greetings in the Lord. Because such a one, excommunicated by us for contumacy at the instance of such a one, does not fear this sentence, wherefore we command you...