Barrow - BX1805 .B3 1852

318 NINTH PAPAL ASSUMPTIONAPPEALS. the synod. The effectual restitution ofhim proceeded from the em- peror, who repealed the proceedings against him, as himself doth acknowledge: "All these things," says he, "has the most just empe- ror evacuated' ... To these things he premised the redressing of my injuries."' And the imperial judges in the synod of Chalcedon join the emperor in the restitution : "Let the most reverend Theo- doret enter, and bear his part in the synod, since the most holy archbishop Leo and sacred emperor have restored his bishopric to him."3 Hence it may appear that the pope's restitution of Theo- doret was only opinionative, dough-baked, [unfinished] incomplete; so that it is but a slim advantage which their pretence can receive from it. IX. It belongs to sovereigns to receive appeals from all lowerju- dicatures for the final determination of causes; so that no part of his subjects can obstruct resort to him, or prohibit his revision of any judgment. This power, therefore, the pope most stiffly asserts to himself. At the synod of Florence, this was the first and great branch of autho- rity, which he demanded of the Greeks explicitly to avow. " He will," said his three cardinals to the emperor, "have all the privi- leges of his church, and will have appeals made to him:" When Pope Alexander III. was advisednot toreceive an appeal in Becket's case, he replied in that profane allusion, " This is my glory, which I will not give to another."' He has been wont to encourage all people, even upon the slightest occasions, iter arripere, as the phrase is, obvious in their canon law, to run with all haste to his audience: "Concerning appeals for the smallest causes, we would have you hold that the same deference is to be given them for however slight a matter they be made, as if they were for a greater."' See, if you please, in Gratian's decree,' where many papal decrees (most, indeed, drawn out of the spurious epistles of ancient popes, but ratified by their successors, and obtaining for current law) are made for appeals to the see of Rome. It was, indeed, one of the most ancient encroachments, and that which served most to introduce the rest, inferring hence a title to raúrcc ,rase, Xí?,uxçv I ácxacóTe roç ßavcl.çúç, &c.-Theod., Ep. exxxix. adAsperam. 2 ripa, íû,,m. To(rocç r %S ;ipsríp e zamias añv iavv, &c. Ep. cxxxviii. ad Anatol. 8 Eçr,, xa eúlaßévrar e efoL'InTos xofmyecur .747: eu,pp,, i,r,,11,, xai áarexarivrnver aini rily i9f10xa rly á AV,Z7-a705 ápxcesrivxoaaç Aimv, xai »uó.re res ßavcxcúç. Act. 1. p. 53. 4 el?. , r¢ Tpe IF4/a wávra r%ç ixx:l4v(ag allra, xai »au ixsc, rity ixxi.error, &c. Syn. Flor., sess. xxv. p. 846. 6 Hic est gloria mea, quam alteri non dabo. e De appellationibus pro minimis causisvolumus te tenere, quod eis pro quacunque levi causa fiant, non minus est, quam si pro majoribus fierent, deferendum.Alex. III. Ep. ad Vigorn. Episc. in Deeret. Greg. lib. ii. tit. 28, cap. 11. 7 Caus. ii. qu. 6 ; iii. 6 ; ix. 3, cap. 16.

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