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But even if we allow to the scabini the right of holding placita, these must have been of a lower grade than those of the counts or of the missi regii; for to the mallum of the latter an appeal was allowed from the judgment of the scabini, as we see from the law of Charlemagne, which says that: "Si quis caussam judicatam repetere in mallo praesumserit ... a Scabinis, qui caussam ipsam prius judicaverint, accipiat."
And this authority he would have one to take as ground enough to believe, that that which the church prescribeth doth belong to order and the shunning of scandal, and in that persuasion to do it. But, 1. How doth this doctrine differ from that which himself setteth down as the opinion of Papists, Posse los qui præsunt ecclesiæ, cogere fideles ut id credant vel faciant, quod ipsi judicaverint? 2.
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