Theses iuridicae et inaugurales de appellationibus

XXXIV.

Truly, this fourth time must be counted not from the day the sentence was rendered, as the previous three, but from the day the appeal was interposed.

XXXV.

Here the Doctors clash among themselves: when the first fatal has elapsed and there is no evidence of a cause of impediment, can the Judge execute the sentence as if the appeal were deserted or not? But we think it should be pronounced in the affirmative.

XXXVI.

During an appeal, it is permitted by law for the parties to compromise on arbitrators; nor do the fatal times run in that case, even if the time has passed ten thousand times (as the Emperor says) more than two years, except from the day on which the arbitration was deserted.

XXXVII.

The provocation that is interposed immediately after the sentence is rendered, by word of mouth, either by the word "I appeal," simply, or even alternatively, such as, "I say the sentence is null, or if it is anything, I appeal": but if it is done within the ten-day period, it must be done in writing for interlocutory preliminary matters, and according to Canon Law, for definitive sentences, which are rendered regarding matters of great moment.

XXXIIX.

The Judge rightly, for an appeal thus interposed, is not only compelled to admit it but also within thirty days to provide apostolic letters...