[Tractatus plurimi iuris]

because the sentence is brought principally against the contumacious person. He himself should also be warned first, as was alleged above. However, the aforesaid form is frequently used in the forms of ordinaries, but these forms are not so precise that they are not changed according to the diversity of the forums. They agree, however, in effect, and it is easy to follow the style and practice of the custom of any forum. These processes of aggravation are also accustomed to be extended in diverse ways of writing, thus:

Whence, his contumacy demanding it, we desire to proceed against him to heavier penalties, so that if the fear of God does not recall him from evil, the severity of ecclesiastical discipline may at least coerce him, concerning force and the honor of the clergy: "that clerks." Or thus: Since we have previously seen fit to bind such a one with the bond of excommunication for contumacy at the instance of such a one, and he, having despised the keys of the church, as a son of disobedience, still persists pertinaciously in his contumacy to the grave prejudice of the salvation of his soul and the scandal of the faithful. Therefore, lest he be able to glory in his contumacy, and lest the perversity of his deed pass as an example to others in presumptions: that the penalty of one might be the fear of another, etc. And especially when the ordinary proceeds to the correction of excesses, they are accustomed to write, namely: Therefore, lest the facility of pardon provide an incentive to others to offend, in the alleged chapter "That clerks." Also, because if we omit the excesses that are poorly usurped or perpetuated, we open the way to others, 35, q. 9, Loci Places. Or thus: Because those wounds must be cut away that do not feel discipline through fomentation, 67, dist., Plurimos Many. Also, that others may be restrained from similar [acts] by example, concerning force, "that clerks." Also, that the penalty of one may be the fear of another, as in the law Capitolium Capitol, § famous, ff. concerning penalties. Also, lest the perversity of the deed pass as an example to others. Also, because where the guilt is greater, greater

vengeance should be exercised, concerning heretics, Excommunicamus We excommunicate, § believing. Also, because where one exceeds more, one must be punished more severely, in the chapter Tanta So much, alleged above. It is also possible to proceed against the contumacious person to suspension from office and benefice. And what order should be observed in the infliction of penalties is noted in the chapter Cum non ab homine When not by man, concerning judgment, because the order is otherwise when penalties are being inflicted for contumacy, and another for a crime, as noted in the gloss, 6, and upon it; and the contumacy is so much greater as it arises from a lesser matter, as noted by Johannes Andreae, 15, dist., Duo Two, and note the same title in the chapter Cum non ab homine. Also, if he appears before the judge and is not willing to respond, no just cause excusing him, or he leaves without license, he will be considered contumacious, as I said above in the description of contumacy. Also, the citation must receive the journey in a timely manner, because if he receives it late, he will not be excused by an impediment happening to him on the way. Thus it is gathered from the argument in the chapter Cum in veteri When in the old, concerning election. And there by Johannes Andreae, above, the penultimate gloss. And thus the cited person sends a procurator, but this [procurator] does not appear and becomes contumacious. On account of such contumacy of the procurator, the master should not be excommunicated, but then as if the master knows it and does not purge it, as in the chapter 1, that "the suit is not contested," and that the sentence of excommunication for the contumacy of the procurator may be justly brought against the master. Note there Hostiensis, [who] advises that before this sentence is brought, he should signify the contumacy of the procurator to the master, having assigned to him a term to purge it, lest he be able to pretend ignorance. And although the master cannot be excommunicated on account of the contumacy of the procurator, as has been said, a mission can nevertheless be made against him, [and] he is also damnably punished in expenses, as Hostiensis and Innocentius say in the alleged chapter 1, that "the suit is not contested." But the master has an action against the procurator, concerning which there fully, etc. Then, if the excommunicated procurator comes before the judge [and] wishes to stand by the law, let him seek abso-