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from 2 - The Reformatio legum ecdesiasticarum
Published online by Cambridge University Press: 01 September 2018
What a judgment is.
A judgment is the lawful act of investigating and deciding the matters of controversy which are brought before a judge duly and in an orderly way.
What an ordinary judgment is Of ordinary judgments.
Ordinary judgments are those in which everything which ought to be observed in the lawful hearing of causes is required.
What is required for pronouncing sentence in ordinary judgments. <For if the order of the law is not followed, the hearing is made null, if it was an ordinary judgments.>
In ordinary civil judgments, a full hearing of the cause shall suffice for pronouncing [sentence the summary]. But in criminal ones, because of the danger involved, the most careful investigation shall be employed, and no pronouncement shall be made until the fullest hearing of the cause has been had, and the proofs have been clarified in the light of them.
Of extraordinary judgments.
In extraordinary judgments the order of procedure is not followed in all respects. And [treated as] summary judgments are [divided into] those which are made informally and without fuss, and those which lack the form and shape of a judgment.
De iudiciis summariis.
In summariis iudiciis lites absque exacta probatione possunt defïniri, ut si actio sit ad exhibendum, et quo ad omnes [ill/ali]as quaestiones quae circa indagationem principalis causae emergunt, modo tales fuerint, ut earum definitio non pariat praeiudicium praeiudicium litigantibus, quominus ius suum alio iudicio prosequi poss[i/u]nt. Illa quoque summaria sunt iudicia, in quibus probationes adversus absentem admittuntur.
Iudicium Processus de plano et sine strepitu iudicii.
Quandoque de plano, vel (ut dicitur) sine strepitu procedi potest, quando [scilicet] a iudice extra locum ordinarium, dum pro tribunali non sedet, et feriis [183r] ob necessitatem hominis inventis non observatis iudicium agitato, recipiendo libellum actionis, aut litteras appellationum, et quicquid est eorum, quae parti adversae non pariunt praeiudicium. Quanquam et intégras causas nonnunquam de plano cognosci posse volumus, ut cum levia delieta sunt punienda; in quo tamen iudicii genere ceteras observations ìuridic﹛i﹜alis processus non volumus prorsus omitti.
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