Title — Liber Sextus
Title VI: On Fraud and Contumacy
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.
DE DOLO ET CONTUMACIA.
Actor contumax condemnatur in expensis, nec citatur ulterius ad suam petitionem reus, nisi caveat de veniendo et comparendo.
Innocentius IV .
Actor, qui ad terminum venire, ad quem citari adversarium fecerat, non curavit, venienti reo in expensis propter hoc factis legitime condemnetur, ad citationem aliam minime admittendus, nisi sufficienter caverit, quod in termino fideliter debeat comparere.
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.
Iudex appellantem et recedentem citare ulterius non tenetur, si vult in causa procedere, nisi forsitan appellationi renunciet. Ioann. Andr.
Bonifacius VIII.
Eum, qui a tua interlocutoria vel gravamine , quod per te sibi proponit illatum, a tua praesentia recedit appellans, quum protestari videatur hoc ipso, se nolle coram te de cetero litigare, citare ad alia, quae postea in iudicio facienda incumbunt, vel etiam ad sententiam audiendam, nisi sponte appellationi suae renunciet, non teneris; nec ideo minus, quod in eius absentia processeris , tuus processus validus reputari debebit.