Title — Liber Sextus

Title VI: On Fraud and Contumacy

English · Latin · Both

1.

Chapter I

A contumacious plaintiff is condemned in expenses, and the defendant is not thereafter cited concerning his petition unless the plaintiff gives security for coming and appearing.

Innocent IV. A plaintiff who did not take care to come at the term to which he had caused his adversary to be cited is lawfully to be condemned in the expenses incurred on this account by the defendant who came. He is by no means to be admitted to another citation unless he has given sufficient security that he ought faithfully to appear at the term.

2.

Chapter II

A judge is not bound thereafter to cite an appellant who departs, if he wishes to proceed in the cause, unless perhaps the appellant renounces the appeal. John Andrew.

Boniface VIII. You are not bound to cite, for the other things afterward incumbent to be done in the judicial proceeding or even for hearing the sentence, one who, appealing from your interlocutory judgment or from a grievance that he alleges was inflicted upon him by you, departs from your presence, since by that very fact he is seen to protest that he is unwilling thereafter to litigate before you, unless he voluntarily renounces his appeal. Nor, because you proceed in his absence, ought your proceeding for that reason to be reputed any less valid.