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The Epistles of Pope Fabian — To Bishop Hilary

Unidentified papal letter writer

Chapter 2

About this work

Author: Unidentified papal letter writer

II.

Of extraneous judgments.

Moreover, by a

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general

ordinance

,

and

without

prejudice

to

the

authority

of

the

apostles

in

all

things

,

we

prohibit

extraneous

judgments

,

because

it

is

not

fit

that

he

should

be

judged

by

strangers

,

who

ought

to

have

those

of

his

own

province

and

those

elected

by

himself

as

his

judges

,

unless

an

appeal

has

been

made

.

Wherefore

,

if

any

one

of

the

bishops

is

accused

on

precise

charges

,

he

ought

to

be

heard

by

all

the

bishops

who

are

in

the

province

;

for

it

is

not

right

that

an

accused

person

should

be

heard

elsewhere

than

in

his

own

circuit

.

Again

,

if

any

one

is

of

opinion

that

he

has

a

judge

adverse

to

him

,

he

should

claim

the

right

of

appeal

;

and

an

appellant

ought

to

be

injured

by

no

kind

of

oppression

or

detention

;

but

an

appellant

ought

to

have

the

liberty

of

righting

his

case

,

when

wronged

,

by

the

remedy

of

appeal

.

There

ought

also

to

be

liberty

of

appeal

in

criminal

cases

.

And

the

right

of

appealing

ought

to

be

denied

to

no

one

whom

judgment

has

destined

for

punishment

.