Theses iuridicae et inaugurales de appellationibus

and all records, under a penalty of thirty pounds of gold, which both the Judge and his Official are bound to pay, unless he explicitly resisted the Judge.

XXXIX.

But he who appeals rashly and out of calumny malicious intent must suffer a penalty of fifty pounds of silver with the mark of infamy and the loss of the case; this, however, has fallen into disuse, so that today, by Canon Law, he is only condemned to pay expenses.

XL.

It is asked here, must a new brief be offered in the case of appeal, and must the lawsuit be contested? And according to the common opinion of the Doctors, it is pronounced that it is not necessary by law, but is observed by custom: which the officials of the Chamber also approve.

XLI.

The Judge appealed from, however, ought to take cognizance of the cause of the appeal, whether it is just or unjust, and ought not to remit the business to the Judge from whom the appeal was taken; sometimes, however, for a just cause, he can delegate that cognizance to another.

XLII.

It is permitted to appeal twice in one and the same case by both litigating parties; not so a third time, unless a new grievance has been inflicted by the third sentence.