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Statuta · 1490

It shall not be permitted to any sworn scribe, cleric, or notary to issue citations of our cathedral church against any diocesan for the purpose of seeing a monition revoked, unless an oath has first been taken by the petitioner requesting that the judge decree the monition, concerning the ignorance of the domicile of the person to be cited, and the same must be made known by the hand of the same judge and another, and under oath. But if this sanction of ours is violated, we decree that any such absolution or revocation of a monition shall be of no moment or value, and we wish and command that such person posting [it] be punished by an arbitrary penalty.
¶ It shall not be permitted to officers or servants of the court to assign or arrest anyone unless it be by the special mandate of one of the lords—the vicar, official, or judge of excesses, or our fiscal procurator—for fiscal monies and rights, or by a legitimate citation duly sealed. We also inhibit the same officers and our servants, under pain of excommunication and twenty-five Genevan pounds for each person and each instance, that they shall not have anyone assigned to appear before any of the aforesaid judges outside the hours of that judge's court, unless this were done by the mandate of one of the judges. If anything, however, has been done otherwise, we decree it to be null and void.
¶ Item, it shall not be permitted to any scribe or sworn officer to carry or convey acts to any of the lords judges without intimation being made to the opposing party on that very day, namely, that such person conveying them has carried his acts to such lord judge for orders or sentences to be delivered. If this is done otherwise, such conveyor shall incur a penalty of three solidi, to be applied to the uses of the Confraternity of Saint Nicholas, and the procurator receiving those acts shall be bound to return them to the procurator who handed them to him within eight days under a similar penalty as premised.
¶ Item, it shall not be permitted to our officers to levy a fine from anyone by virtue of monitions made to said officer regarding compelling an excommunicated person to return to the unity of the Church until ten days have elapsed since the monition. And further, not until he has performed the due diligence of which the vicar and the party-plaintiff are made aware regarding the compulsion of that same excommunicated person.
¶ We decree that it shall not be permitted to any procurator to petition that materials produced in court be rejected without the counsel of an advocate who signs himself; otherwise, the judge shall proceed to the admission of such materials if they ought to be admitted, without any other interlocutory [ruling] needing to be delivered in writing.
¶ Item, we establish and order that monitions to be issued from the courts of the vicariate, officialate, judges of excesses, and appeals regarding the fees and advocacy of secretaries and sworn officers, and our fiscal monies, shall proceed according to the style of our court concerning the taxes of their writings and day-wages legitimately made, unless the party admonished opposes the tax regarding an excessive tax or payment and proves it within a single term to be established by the judge.
¶ Item, we establish that the scribe of the officialate shall be bound to read in court and in the hearing of cases these statutes twice in the year, namely on the last day of October and the first day of March, so that no one may allege ignorance of the contents thereof.
¶ Wishing to close the way to exactions, we establish and order that the secretary or scribe of the vicariate, present and who shall be for the time, shall not levy for his writings except as follows: first, for the writing of any memorial, twelve deniers; for each page of a copy, the same amount; and f...