When application has been made to the judge by a plaintiff, he may
compel the other party to come into court, either by means of a letter
or by his seal, in this manner, to wit: that the messenger of the
judge shall offer the letter or seal to him who has been summoned, in
the presence of respectable witnesses. And if after having received
said summons, he should either delay, or refuse to appear, he shall
forfeit five golden _solidi_ to the plaintiff, on account of his
delay or refusal, and five more to the judge on account of contempt.
But if he should not have the means to pay this fine, he shall, for
each offence, receive fifty lashes in the presence of the judge, but
they must be so inflicted as to place upon him no permanent mark of
infamy. But if he should only be guilty of contempt, and should not
have the means wherewith to render satisfaction, he shall receive
thirty lashes, without further penalty. And if he who has been sued
shall declare, before he receives punishment from the judge, that he
has, in no way, been guilty of delay or contempt, and shall be unable
to prove this fact by witnesses, and shall make oath that, at no time,
has he been guilty of contempt as aforesaid, he shall be exempt from
the condemnation and punishment hereinbefore mentioned. But if any
bishop, relying upon the privileges of the sacerdotal order, shall
ignore the summons of the judge, and neglect to give security for
his appearance, he shall, without delay, be compelled, either by the
presiding judge, or by the governor or lord of the province, to pay
a fine of fifty _solidi_: of which sum the judge shall receive
twenty _solidi_, on account of contempt, and the plaintiff the
remaining thirty. But if any priest, deacon, clerk, or monk, after
receiving the letter or seal of the judge, should delay to answer
either in his own person or by a representative, or should continue
obstinately in contempt, he shall undergo the punishment hereinbefore
mentioned, according to the provisions of the law relating to the
laity; and if he should not have the means to pay his fine, the bishop
may be notified, that he may have the privilege of paying the same for
him, if he so desires. But if he should be unwilling to do so, the
bishop must bind himself by oath, in the presence of the judge, that he
will place the above-named person under such restraint that he shall be
compelled to fast continuously for the space of thirty days, and shall
only receive each day at sunset, a little bread and water; that, by
this means, his contumacy may be punished in a proper manner. It shall
always be in the discretion of the judge, that if it should be evident
that, either through age or sickness, a severe sentence could not be
endured; the judge shall not inflict the extreme penalty upon any one
belonging to any rank of the clergy, or upon a layman; but the illness
or age of the offender being taken into consideration, he may impose
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