[Vocabularius utriusque iuris]

as in Codex De bonis auctoritate iudicis possidendis, law "si", paragraph "ultimo". Sometimes it is accepted for him who is not present in the place where he is summoned, Digest De verborum significatione, law "Absentem". Whence "absent" is taken in many ways. First, he is called absent who cannot hear or understand another; thus it is taken there when it is said that a stipulation cannot be made between absent persons, Institutiones de inutilibus stipulationibus, paragraph "Ita et". Second, he is called absent who is not in the same province, as in Codex De praescriptione longi temporis, law "Si". Third, he is called absent as it follows here: the production of witnesses cannot be done with the party absent if he wishes to be present. And thus he is called absent who is not seen to produce or swear witnesses, as in the law "Si quis", Codex De testamentis. Fourth, "absent" is he who is not in the house or regarding whom "new work" must be announced, Digest De novo opere nuntiatione, law, paragraph "Pupillo", paragraph "Si quis". Fifth, he is called absent who cannot be easily met, as by saying "the principal being present, the surety cannot be met, and thus, [if] absent, he can be met," Codex De fideiussoribus, "Authentica". Thus it is also accepted in the law "Praesens", Digest De procuratoribus, where it is said "he is present who is in the borders, that is, who can be easily met." Sixth, "absent" is called he who, for gaining material distributions of presence, namely, is not in the choir at the determined hour. And thus, although he is in the church, yet being outside the choir at certain hours, he is called absent.

¶ Absolution differs from revocation. For absolution is made from a sentence of excommunication, suspension, or interdict according to the form of the church with the rod, saying the psalm Miserere and De profundis, and it is done with solemnity. But revocation is a verbal sentence without solemnity. Also, absolution is made if the excommunication held, and if it did not hold, a revocation is made. Also, absolution restores that which excommunication took away, except for fruits which the excommunicated person justly lost, which he does not recover by absolution, as in Authentica, Ve cum de appellationibus cognoscitur, paragraph "Generale", verse "Si vero post", coll. 8. And an absolution obtained on a false cause upon notice does not hold and is void, as noted in the chapter "Quod super his", De fide instrumentorum. But although an excommunication was issued on a false cause, yet it holds well, 11, question 3, chapter "s. 1", and De officio ordinarii, chapter "Ex parte" in the gloss. And whether money can be sought or given for absolution, De simonia, "Ad aures", in the chapter "Dilectus", and 1, question 1, "Nullus episcopus".

¶ Absque (without) is privative, as in the law "Minus", Codex De actionibus possessoriis. And when it is placed exclusively and when inclusively, note Archidiaconus, De procuratoribus, "Qui generaliter", book 6.

¶ Acceptilatio (release) is a liberation by mutual interrogation through which release from that bond, that is, dissolution, happens to both, Digest eodem titulo, law "Pluribus" and law 1. Whence acceptifero, accepticuli, acceptilatum, a word opposed to the source from which acceptilatio comes, and it is an imaginary payment which simulates that the debtor has paid to him that which he did not pay, which he does with the intention of remitting. Because by saying those words, "Have you what I promised you by stipulation or owed from stipulation?" and you answer, "I have, and I hold it accepted," as if you were saying, "I consider it as if I had received from you by true payment." And thus he is made liberated by true payment, so by this acceptilatio legally, as in Codex eodem titulo, law 1, gloss 2. Also, acceptilatio is called useless by reason of the acceptilation, as is treated in Digest eodem titulo, law "An inutilis", gloss 1.

¶ Accessio (accession) is called something adjacent to another or everything that is accessory and necessary in the principal, as it is taken for a horse or clothing to a servant, as in Digest De pignoribus, law, paragraph "Qui in depositis". For if you buy this, you also acquire the clothing in which he is handed over, even if no mention is made of it. And civil accessions, such as interest, do not come into a contract of strict law even after the lawsuit is contested, Codex De condictione indebiti, law 1 in the gloss, and Digest De usuris, law "Mora" in the gloss, word "difficilis". And in the chapter "Venerabiles", De exceptionibus.

¶ Accessorium (accessory) is the same as accession and follows the nature of its principal, Institutiones de rerum divisione, paragraph "Si parentum", Digest Si quis cautionibus, law "Si eum", paragraph "Cui iniuriarum", and the chapter "Accessorium", De regulis iuris, book 6. And when an accessory comes by the office of the mercenary judge, then the principal being lifted, the accessory is lifted, Codex De pignoribus, law 4. But if an accessory comes by the office of the noble judge, Digest De condictione indebiti, law "Si", paragraph "Lucius" in the gloss, otherwise it does not regularly hold the accessory where the principal does not hold, since at least it does not attach to the principal, as in the chapter "Si diligenti", De foro competenti. It fails, however, in cases. First, in the chapter "Debitores", De iureiurando, where an accessory, namely an oath made to pay interest, holds, although the principal, namely the debt obligation, is lifted. Because for paying interest there is no obligation by canon or civil law, and yet an oath made to pay them must be kept. But the regular opposite is understood when the accessory and principal are regulated by the same reason at the same time, without changing the respect of the person. But those are not kept in promise and oath because a promise is made to a party, and an oath to God. And Lodo. de Roma said that he consulted himself because an accessory, even more precious than the principal, attaches to it, Digest De auctoritate et arbitrio legis, law "i si non lic.", paragraph "Proveniamus", and law "Eum aux", and the end of the same title. And it makes for the question, if I bequeath to a woman the clothes that I made for her, that gold or silver ornaments of the clothes also come in the legacy.