'rHEMISCHIEF OF APPEALS TO THE POPE. 319 an universaljurisdiction. "Such are the canons," says Pope Nicholas I., "which will that all appeals of the whole church be brought to the examination of this see, and have decreed that no appeal be made from it; and that thus she judge of the whole church, but herself to be judged by no one.' And the same pope, in another of his epistles, says, "The holy statutes and venerable decrees have committed the causes of bishops, as being weighty matters, to be de- termined by us," &c. "As the synod has appointed and usage requires, let greater and difficult cases be always referred to the apostolic see,"8 says Pope Pelagius II. "These are the canons, which will have the appeals of the whole church tried by this see, says Pope Gelasius I. But this power is, upon various accounts, unreasonable, grievous, and vexatious to the church ; as has been deemed, and upon divers occasions declared, by the ancient fathers, and grave persons in all times, upon accounts not only blaming the horrible abuse of appeals, but implying the great mischiefs inseparably adherent to them. The synod of Basil thus excellently declared concerning them: "Hitherto many abuses of intolerable vexations have prevailed, whilst many have frequently been called and cited from the most remote parts to the court of Rome, and that sometimes for so small and trifling matters, and so wornout with charges and vexations, that they often think it their best policy to recede from their right, or redeem their trouble with great loss, rather than be at the cost of suing in so remote a country."' St Bernard complains of the mischiefs of appeals in his times in these words: "How long will you be deaf to the complaints of the whole world, or make as if you were so? Why sleep you? When will you awake to the consideration of the enormous confusion and abuse in appeals? These are made without right or equity, without due order, and against custom. Neither place, nor manner, nor time, nor cause, nor person is considered; theyare everywhere made Ipsi sunt canones, qui appellationes totius ecclesite ad hujus sedis examen voluere deferri ; ab ipsa vero nusquam prorsus appellari debere sanxerunt, no per hoc illam de tota ecclesia judicare ipsam ad nullius commeare judicium. P. Nie. L, Ep. viii. 2 Sacra statuta, et veneranda decreta episcoporum causas, utpote majora negotia nostra definiendas censurse mandarunt.P. Nic. L, Ep. xxxviii. s Majores vero et difficiles quastiones (ut sancta synodus statuit, et beata consue- tudo exegit) ad sedem apostolicam semper referantur. P. Pelag. II., Ep. viii. 4 Ipsi sunt canones, qui appellationes totius ecclesia ad hujus sedis examen voluere deferri. P. Gelas. L, Ep. iv. s Conc. Basil., sess. xxxi. p. 86. Inoleverunt autem hactenus intolerabilium vexa- tionum abusus permulti, dum nimium frequenter a remotissimis etiam partibus ad Romanam curiam, et interdum pro parvis et minutia rebus ac negotiis quamplurimi citari, et evocari consueverunt, atque ita expensis et laboribus fatigari, ut nonnunquam commodius arbitrentur juri suo cedere, aut vexationem suam gravi damno redimere, quam in tam longinqua regione litium subire dispendia, &c. Vide Opt.
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