unwilling to repent, that others, by the wholesome example of their punishment, may be deterred from vices; since it is the office of a pastor, at once diligent and kind, first to apply gentle fomentations to the disorders of his sheep, afterwards, when the grievousness of the distemper may require them, to proceed to sharper and more painful remedies; but if not even these are effectual in removing those disorders, then is he to free the other sheep at least from the danger of contagion. Whereas, therefore, those guilty of crimes, for the most part, in order to avoid punishment, and to evade the judgments of their bishops, pretend to have subjects of complaint and grievance, and, under the subterfuge of an appeal, impede the process of the judge, [this synod,] in order to prevent a remedy, which was instituted for the protection of innocence, from being abused to the defence of iniquity, and that this their craft and tergiversation may be met, hath thus ordained and decreed: In causes respecting visitation and correction, or competency or incompetency, as also in criminal causes, there shall be no appeal, before the definitive sentence, from the bishop or his vicar-general in spiritual matters, from any interlocutory sentence, or other grievance[1] soever; neither shall the bishop, nor his vicar, be bound to defer to any such appeal, as being frivolous; but they may proceed to ulterior measures, that appeal, or any inhibition whatsoever, emanating from a judge of appeal, as also every usage and custom even immemorial, to the contrary notwithstanding; except that the said grievance cannot be repaired by the definitive sentence, or that there is no appeal from the said definitive sentence; in which cases the statutes of the sacred and ancient canons shall remain untouched.
CHAPTER II.
When an Appeal in Criminal Causes from the Bishop is to he committed to the Meropolitan, when to one of the nearest Bishops.
A case of appeal, where there is room for appeal, from the sentence of the bishop, or that of his vicar-general in spiritual matters, shall, if it shall happen to be committed by apostolic authority to judges on the spot, be referred to the metro-
- ↑ I. e. any alleged grievance.
