NO APPEALS TO THE POPE IN EARLY TIMES. 321 4. In derogation to this pretence, divers provincial synods ex- pressly prohibited all appeals from their decisions.) That of Milevis: " Let them appeal only to African councils or the primates of provinces; and he who shall think of appealing be- yond sea, let him be admitted into communion by none in Africa."' " For if the Nicene council took this care of the inferior clergy, how much more did they intend it should relate to bishops also! "' 5. All persons wereforbidden to entertain communion withbishops condemned by any one church; which is inconsistent with their be- ing allowed relief at Rome. 6. This is evident in the case of Marcion, by the assertion of the Roman church at that time. 7. When the pope has offered to receive appeals, or to meddle in cases before decided, he has found opposition and reproof. Thus, when Felicissimus and Fortunatus, having been censured and re- jected from communion in Africa, applied themselves to Pope Cor- nelius, with supplication to be admitted by him, St Cyprian main- tains that fact to be irregular andunjust, and not to be countenanced, for divers reasons.° Likewise, when Basïlides and Martialis, being for their crimes deposed in Spain, had recourse to Pope Stephanus for restitution, the clergy and people there had no regard to the judgment of the pope; the which their resolution St Cyprian com- mended and encouraged e When Athanasius, Marcellus, Paulus, &c., having been condemned by synods, applied themselves for relief to Pope Julius, the oriental bishops highly taxed this course as irregular, disclaiming any power in him to receive them or meddle in their cause. Nor could Pope Julius by any law or instance disprove their plea; nor did the pope assert to himself any peculiar authority to revise the cause, or other- wise justify his proceeding than by right common to all bishops of vindicating right and innocence which were oppressed, and of assert- ing the faith for which they were persecuted. Indeed, at first the oriental bishops were contented to refer the cause to Pope Julius as arbitrator, which signifies that he had no ordinary right; but after- ward, either fearing their cause or his prejudice, they started, and stood to the canonicalness of the former decision. The contest of the African church with .Pope Celestine, in the I Can. xii.; Conc. Ant., can. xv.; Con. Garth., can. xxxi. 2 Non provocent nisi ad Africanaconcilia, vel ad primates provinciarum; ad trans- marina autem qui putaverit appellandum, anullo infra Africam in communionem sus - cipiatur.Conc. Miley., cap. =H.; Conc. Afr., can. lxxii. s Nam si de inferioribus clericis in concilio Nicene hoc prncaverunt; quanto magis de episcopis voluit observari ! Conc. Afr., can. cv. (yel. Epist.) + Cypr., Ep. lv. ad Cornelium. 5 Cypr., Ep. lxviii VOL. I. 21
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