Theses de appellationib. attentatis et inhibitionibus

XIV.
Furthermore, we shall see to which judges one must appeal. And it is established from the definition that one must appeal to higher judges.

XV.
Hence, one who appeals to a lesser judge accomplishes nothing. But if he appeals to an equal or a greater one, even if he has erred, the appeal is valid: however, the person who was named will not hear it, but the one who should have been appealed to will take cognizance of it.

XVI.
And indeed, it is necessary that an appeal be made by degrees. However, if the middle step is omitted, if the opposing party does not object regarding the incompetence, the appeal will be valid.

XVII.
Hence, although one may rightly appeal from a delegate to the delegator, this does not proceed in the case of a subdelegate: for one does not appeal from his sentence to the delegator as the immediately superior, but to the ordinary judge.

XVIII.
Indeed, regarding to which judge one should appeal in a feudal case, the learned doctors vary. However, it is more true that the same things must be observed here as are established by law in other appeals.

XIX.
Furthermore, it is permitted to appeal not only from the entire sentence but also from certain of its chapters, and even from all grievances entirely, by canonical equity. By civil law, however, according to what the Chamber referring to the Imperial Chamber Court pronounces, it is regularly conceded only from a definitive judicial sentence.