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Bekker, Balthasar · [1692]

Human lawmakers have also seen this equity through the natural light. According to this, Ulpian states: original: "Pœna non folent repeti cum depenfa funt l. 42. ff de Pœnis tit. 6. lib. 12." Punishments are not accustomed to be repeated when they have been paid. And again: original: "Pœnam fententia dictam revocare judici non licet" It is not permitted for a judge to revoke a punishment pronounced by sentence.
In consequence of this indisputable right, the Court of Friesland, not long ago, indeed fined certain judges regarding a thief whom they had handed over to the Krygsraad War Council or Court Martial. This was because the council had not punished him according to his merit, but only with the wooden horse. However, they did not inflict any further punishment on the criminal. Not that I wish to say that the Classis would then also be punishable for having dealt too lightly with me. For the punishment for crime is only with the highest court, which is the Court in Friesland. But the ecclesiastical power to dismiss Predikanten Ministers is not with a Synode as the highest judge, except in case of appeal, but with the Classis of which he himself is a member.
My own Classis has then also judged in my case and executed that verdict. There is then no more to be done about it, neither to me nor to the Classis. But it must come before the Synod. Yes, it must come there, through ordinary and through extraordinary ways. Ordinary: because when the actions of the previous Synod, as is the custom, shall be read over to see if there might be something among them that was not yet finished, then people shall hear what was dealt with there regarding my case. Namely, that by order of three of the six Classes, those of Amsterdam were asked how it stood with the matter of my Book, of which there was so much rumor, though it was then still unknown to most members of the Synod and even of the Classes. Furthermore, that then not only the Classis but even the Kerkenraad Consistory there was summoned while it was still busy with the matter, and being asked, gave a very detailed report. I myself was summoned along with the Consistory and appeared before the Synod in the morning, while they followed in the afternoon. Although it was in the charge of the three Classes...