322 NO APPEALS TO THE POPE IN EARLY TIMES. cause of Apiarius, is famous; and the reasons which they assign for repelling that appeal are very notable and peremptory. 8. Divers of the fathers allege like reasons against appeals. St Cyprian alleges these: ' Because there was an ecclesiastical law against them. Because they contain iniquity, as prejudicing the right of each bishop granted by Christ in governing his flock. Because the clergy and people should not be engaged to run gad- ding about. Because causes might better be decided there where witnesses of fact might easily be had. Because there is everywhere a competent authority, equal to any that might be had otherwhere. Because it derogated from the gravity of bishops to alter their censure, &c. Pope Liberius desired of Constantius that the judgment of Atha- nasius might be made in Alexandria for such reasons, " Because there the accused, the accusers, and their defender were."' St Chrysostom's argument against Theophilus meddling in his case may be set against Rome as well as Alexandria. 9. St Augustine, in matter of appeal, or rather of reference to candid arbitration (more proper for ecclesiastical causes), conjoins other apostolical churches with that of Rome: "For the business," says he, " was not about priests and deacons, or the inferior clergy, but thecolleagues" (bishops); "who may reserve their cause entire for the judgment of their colleagues, especially those of the apostolical churches."3 Hewould not have said so if he had apprehended that the pope had a peculiar right of revising judgments. 10. Pope Damasus (or rather Pope Siricius) affirms himself incom- petent to judge in a case which had been afore determined by the synod of Capua: " But," says he, " since the synod of Capua has thus determined it, we perceive we cannot judge it."' 11. Anciently there were no appeals, properly so called, or juris- dictional, in the church. Theywere, as Socrates tells us, introduced by Cyril of Jerusalem, who " first appealed to a greater judicature, Refer ad set. vii. Vid. supr. Oportet utique eos quibus preesumus non circum- cursare, nec episcoporum concordiam cohærentem sua subdola et fallaci temeritate colli- dere, sed agere illic causam suam, ubi et accusatores habere, et testes sui criminis pos- sint.aypr., Ep. lv. nn 2 fiVAa á ireaXotiplvoç, ah a; i 'aaXoD,rí; 6Ì9,, zai á 2v4(9ro(o0(b6vo5 ai.mv, We.-- Theod. xi. 16. 3 Neque enim de présbyteris ant diaeonis, aut inferioris ordinis clericis, sed de col- legis agebatur qui possunt aliorum collegarum judicio, prsesertim apostolicarum cocle- siarum, causam suam integram reservare.Aug., Ep. clxii. k Sed cum hujusmodi fuerit concilii Capuensis judicium .... advertimus quod a nobis judieandi forma competere non possit.
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