BELLARMINE'S CASES OF APPEAL REFUTED. S25 apostolic see."1 "Foreign judgments we utterly remove, "° There let the cause be tried where the crime was committed."3 It was one of thegrievances sent to Pope Innocent IV., "That Englishmenwere drawn out of the kingdom by the pope's authority, to have their causes heard."' Nor in after-times were appeals by law in any case permitted without the king's leave; although sometimes, by the facility of princes or difficulty of times, the Roman court, ever importunate andvigilant for its profits, obtained a relaxation or neglect of laws inhibiting appeals. 19. There were appeals from popes to general councils very fre- quently. Vid. [viz.] the senate of Paris after the concordats between Louis XI. and Pope Leo X. 20. By many laws and instances it appears that appellations have been made to the emperors in the greatest causes, and that without popes reclaiming or taking it in bad part. St Paul appealed to Csar.° Paulus Samosatenus appealed to Aurelianus.e So the Donatists appealed to Constantine ; Athanasius to Constantine;' the Egyptian bishops to Constantine;8 Priscillianus to Maximus;° Idacius to Gratian. So that canons were made to restrain bishops from recourse ad comitatum. 21. Whereas they allege instances for appeal, those well consi- dered prejudice their cause: for, they are few in comparison to the occasions of them that ever arose; they are near all of 'them late, when papal encroachments had grown; some of them are very im- pertinent to the cause; some of them may strongly be retorted against them ; all of them are invalid. If the pope originally had such a right, known, unquestionable, prevalent, there might have been producible many ancient, clear, proper, concluding instances. All that Bellarmine,10 after his own search and that of his pre- decessors in controversy, could muster, are these following, upon which we shall briefly reflect, adding a few others which may be alleged by them. ' Nullus inde clamor, nullum inde judicium ad sedem apostolicam destinantur. Eadm. p. 113. 2 Peregrina judicia modis omnibus submovemus.Hen. I. Leg., cap. xxxi. i Ibi semper causa agatur, ubi crimen admittitur. lbid. 4 Quod Anglici extra regnum in causis auctoritate apostolica trahuntur.Malt. Paris, p. 699, 10. nao' .J'uxñ, Rom. xiii. 1 ; Acts xxv. 11. ° Ad imperatorem appellaverunt.Aug. de Unit. Eccl. cap. xvi. ° Apol, ii. p. 804. 8 Athan. Apol. ii. pp. 797, 798. ° Ad principem provocavit.Sulp. Sev. ii. 64; Id. ii. 63 ; Conc. Ant. Can. P. de Marca. iv. 4, &c. 10 Bell, ii. 21.
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