- Whether it is lawful for the accused to escape judgment by appealing?
Whether it is lawful for the accused to escape judgment by appealing?
Objections
❌ Objection 1 : It would seem unlawful for the accused to escape judgment by appealing. The Apostle says (Rm. 13:1): "Let every soul be subject to the higher powers." Now the accused by appealing refuses to be subject to a higher power, viz. the judge. Therefore he commits a sin.
❌ Objection 2 : Further, ordinary authority is more binding than that which we choose for ourselves. Now according to the Decretals (II, qu. vi, cap. A judicibus) it is unlawful to appeal from the judges chosen by common consent. Much less therefore is it lawful to appeal from ordinary judges.
❌ Objection 3 : Further, whatever is lawful once is always lawful. But it is not lawful to appeal after the tenth day [*Can. Anteriorum, caus. ii, qu. 6], nor a third time on the same point [*Can. Si autem, caus. ii, qu. 6]. Therefore it would seem that an appeal is unlawful in itself.