response 26, no. 1 & 2, cent. 1. it was: calling the city of the Empire, for which he responded there, an illustrious city. To this opinion we also willingly, though modestly and with a zeal for truth, subscribe.

QUESTION

THE SECOND.

ON APPEAL FROM HIS IMPERIAL MAJESTY, MAl-informed, to the same better informed: Whether it is a species of appeal, and may be properly so called?

THESIS I.

THERE are those who affirm that this appeal is, more properly, a reclamation and a supplication: a point noted by Maranta, in Speculum, part 6, on the matter of appeals, no. 11, 12.

II.

Many foundations for this opinion are produced by Aeneas Sylvius in his treatise on the rise and authority of the Empire, chapter 22, and by others.

III.

But, notwithstanding those things which can be brought forward, the most widely accepted opinion stands to the contrary: that this form of challenging is a species of appeal; that it possesses its effects, as many as the subject matter admits; and that it ought to be distinguished from supplication and reclamation. We follow this latter dogma.