Theses iuridicae et inaugurales de appellationibus

Namely, not from the lowest judge to the Prince, but to the next superior, unless it cannot be managed: or if justice had been openly and evidently denied: or if he is in any way incapable: or if another procedure is observed by custom. However, if the middle step is omitted, if the opposing party has not objected regarding the incompetence, the appeal will be valid.

XVI.

Hence, although it is correctly appealed from a delegate not to the superior of the delegator, but to the delegator himself: this does not proceed in the case of a subdelegate. For from his sentence, one provokes not to the subdelegate, as to the next superior, but to the first ordinary delegator.

XVII.

But it is not agreed among the Interpreters to which judge one must appeal in a feudal case. We approve the opinion of those who think the method prescribed in Civil Law should be retained, whether it must be appealed from the lord of the fee or from the Peers of the Court: which Curtius also calls common, and Minsingerus testifies has prevailed in the Imperial Chamber.

XVIII.

It is permitted to appeal not only from the entire sentence but also from certain of its chapters, and indeed from all grievances whatsoever by Canon equity; by Civil law, however, it is regularly granted only from a judicial definitive sentence.