BELLARMINE'S CASES OF APPEAL REFUTED. 327 upon appeal. But whereas his proceeding looked like anexercise of jurisdiction, derogatory to a synodical resolution of the case, he was posed by the oriental bishops, as usurping an undue power. Unto which charge he does not answer directly, by asserting to himself any such authority by law or custom, but otherwise excusing him- self.' In the issue, the pope's sentence was not peremptory, until, upon examining the merits of the cause, it was approved forjust, as to matter, by the synod of Sardica.' These things otherwhere we have largelyshowed; and, consequently, this instance is deficient. He alleges St Chrysostom as appealing to Pope Innocent I. ; but if you read his epistles to that pope, you will find no such matter.' He only complains and declares to him the iniquity of the process against him, not as to a judge, but as to a friend and fellow-bishop, concerned that such injurious and mischievous dealings should be stopped;' requesting from him, not judgment of his cause, but succour in procuring it by a general synod; to which, indeed, he appealed, as Sozomen expressly tells us, and as, indeed, he him- self affirms.' Accordingly, Pope Innocent did not assume to himself the judgment of his cause, but endeavoured to procure a synod for it, affirming it to be "needful." Why so, if his own judgment, ac- cording to hisprivilege, sufficed? Why, indeed, did not Pope Inno- cent, being well satisfied in the case, yea, passionately touched with it, presently summon Theophilus and his adherents, undertaking the trial? Did Pope Nicholas I. proceed so in the case of Rhotaldus? Why was he content only " to write consolatory letters to him and to his people, ' not pretending to undertake the decision of his cause? If the pope had been endowed with such a privilege, it is morally impossible that it should not have shone forth clearly upon this oc- casion. It could hardly bethat St Chrysostom himself should not in plain terms avow it; that he should not formally apply to it, as the most certain and easy way of finding relief; that he should not ear- nestly mind and urge the pope to use his privilege. Why should he speak of that tedious and difficult way of a " general synod," when so short and easy a way was at hand? But the truth is, he did not know any such power the pope had by himself. St Chrysostom I Seer. ii. 20. s "StoTE (Athanasiuset Paulus) T6 xaT' aúTOÚ; xai Tá Tñç xiTTEaç iori01x0upcEVrx77f OYVaooU Tb.of xaßc7v. Ibid. Tom. vii., Ep. 122, 123. 17p4 Tñv úpETipav ávapeepcE7v leydornv. f napaxaxW Tñv by s.ripav a'ydarnY LYMPT37Yar, xai OUYaxynaar, xai o<dVTa arargdar, ¿o'r ç,4,ar Tair Tñ1 xazd. e Oizoutzevizñv áormeas7Tá oúvaóov.SO2. viii. 17. 'Axx' á'dóvTaY 4/crúv zai arivoaov 'Ear- xaxoupeévmY. Theod. v. 34. oixoeize zñv 8i oívob,V euvaoo7par corouad;wv. So2. viii. _ °6. 'Avayxaia i, r, Livocoort cuvoórxñ.Ib4d. 9 'Ivvax[vTroç Si o 'PZIAnç, xai . aßravó; 'Avmroxaccf ,,x izoroprSvnaav Tñ fixßoxii 'Imdvvou, &X?. órá I/pa¡c¡cdTmY Ti; XÓxçaç Tñv xxñcaV vrapgadnvav, xai 167ZÉparYOY T04 Toxpc>raao.r. Theoph. Sot. viii. 26.
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