Storia do Mogor 362.1.1706_2

362.1.1706_2

Frater Spiritus Turonensis, Caps Misslls Apostus.
[Father Esprit of Tours, a Capuchin of the Pondicherry mission, and also Superior of the Religious of that order, the missionaries dwelling there, in these presents (lit., 'writings') earnestly appeals against and proclaims the nullity of a certain decree or declaratory sentence passed by the Most Illustrious and Most Reverend Lord Alphonso, Bishop of Meliapur, in which the father is declared to have fallen into the excommunication of the Bull 'In Coena Domini,' and to be excluded from the communion of the faithful.
The said father, fearing that worse will befall him hereafter, appeals to and invokes the superior judge, who is legally competent to entertain the appeal, and he maintains the nullity of the sentence, seeking the Apostoli (the leave of the Court of First Instance to appeal) over and over and over again, earnestly, very earnestly, most earnestly, preserving always intact the reverence due to the Most Illustrious and Reverend Prelate, the Bishop of Meliapur, which he has no intention of lessening, but merely desirous to free himself from the weight of the accusation. For the Most Illustrious and Reverend Bishop of Meliapur was bound to proceed against the said appellant, according to the form of law laid down in the chapter of the Decretals, 'Qualiter et Quando de Accusat,' (lit., How and When concerning Accusations and Denunciations), and to observe the sacred sanctions laid down in the said chapter. And as these conditions have not been observed, whatever proceedings were taken against the said appellant without the prescribed form ought to be considered null and void. And therefore from all these proceedings he appeals, protests, and maintains their nullity, as above : and against the [possible] non-admission of the present appeal, or denial of letters of appeal (Apostoli), or anything which may hereafter, perhaps, be done by anyone in despite of this appeal, he again protests, appeals, and declares null, and that not only once or twice or thrice, but as often as occasion should arise : so that he may always be the last [i.e., ' be always to the fore '] with his appeal, and in appealing and protesting not only in this, but in any other better method, against the things attempted, or which may be attempted, against him.
Given at Madras on the 23rd day of December, 1706.