NO APPEALS TO THE POPE IN EARLY TIMES. 323 against ecclesiastical rule and custom."' This is an argument that about that time (a little before the great synod of Constantinople) greater judicatories, or diocesan synods, were established, whereas beforeprovincial synods were the last resorts. 12. Upon many occasions appeals were not made to the pope, as in all likelihood they would have been if it had been supposed that a power of receiving them belonged to him. Paulus Samosatenus appealed to the emperor. The Donatists did not appeal to the pope, but to the emperor.' Their cause was by the emperor referred, not to the pope singly (as it ought to have been, and would have been by so just a prince, if it had been his right), but to him and other judges, as the emperor's commissioners.' Athanasius first appealed to the emperor. St Chrysostom requested the pope's succour, but he did not appeal to him as judge, although he knew him favourably disposed, and the cause sure in his hand; but he appealed toa gene- ral council, which Innocent himself conceived " necessary" for deci- sion of that cause.' There are in history innumerable instances of bishops being con- demned and expelled from their sees, but few of appeals; which is a sign that was no approved remedy in common opinion. Eutyches appealed to all the patriarchs. Theodoret intended to appeal to all the western bishops.Infra.* 13. Those very canons of Sardicaf (the most unhappy that ever were made to the church) which introduced appeals to the pope, yet upon divers accounts prejudice his claim to an original right, and Toüro ply aúv 'Ayr); xai arpiras ?apá rñ vúrnAtç , ixxançraerrxïI xaván Kúpraa.oç laofnonv, ixxx%rorç eh iv $npa,rí' $rxaornpim xpnoá¡cavaç. Socr. ii. 40. KaAarpaAaiç îxxa.i7- rav ßrßa.íov raí'ç xatiaa.ai-oor $raara¡.c4.ápeaoç 1,6Z. ivroccairrevro hxaorñpray.1bid. "Being deposed, he sent a libel of appeal to them who deposed him, appealing to a greater judicature." Iilos vero ab ecclesiastico judicio provocasse, &c.Aug., Rv. clxii. Ad impera- torem appellaverunt.Aug. de Unit. Eccl., cap. xvi. 3 Quid quod nec ipso usurpavit ; rogatus imperator judices misit episcopos qui cum ipso sederent, et de tota illa causa quod justum videretur statuerent.Aug., Ep. clxii. 'Avayxaia irrì $ráyvwerç ru1,0h10í.-So2. viii. 26. The word infra is added to these cases, as they are noticed at greater length after- wards. See pp. 330 332. ED. t The council of Sardica in Illyricum, to which frequent references are made by our author under the designation of Sardican, was called by Julius, bishop of Rome, in 347. Though designed to be a general council, it was, in point of fact, merely a council of the west. "Not to mention," says Mosheim, that the authority' of this council is very dubious, and that, not without reason, the existing enactments of this council are regarded by some as corrupted, and by others as forged, it cannot be made to appear that the bishops assembled at Sardica decided that in all cases an appeal might be made to the Roman pontiff as the supreme and final judge." Nosh. Ecel. Hist., cent. iv. p. 130, (Reid's edit.) There can be no doubt, however, that it was by this council that the practice of appealing to thepope wasfirst introduced. Julius was very thankful for it, though his successors, regarding this obligation as a diminution of their pretended sovereignty, have claimed it as their original right. See Bower's Hist. of the Popes, vol. i. p. 122.
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