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Appeal as from an abuse
''Appeal as from an abuse'' (French ''appel comme d'abus'') is a legal term applied in the canon law of the Roman Catholic Church, meaning originally a legal appeal as recourse to the civil forum (court) against the usurpation by the ecclesiastical forum of the rights of civil jurisdiction. It could mean (''vice versa'') a recourse to the ecclesiastical forum against the usurpation by the civil forum of the rights of ecclesiastical jurisdiction.
Thus defined, the "appeal as from an abuse" had as its object was to safeguard equally the rights both of the State and of the Church. An abuse would be an act on either hand, without due authority, beyond the limits of their respective ordinary and natural jurisdictions. In practice the use of such appeals was important, historically, as a way to undermine the power of church courts.
==Canon law==
The canons〔can. "Dilecto", in bk. VI of Decretals, "De sent. excom.", in ch. vi.〕 did not exclude a recourse to the civil authority when the acts of an ecclesiastical judge invaded the domain of the civil authority, especially as reciprocity gave the ecclesiastical authority the right to repel with the same weapons any usurpation by the lay judge to the damage of the rights of the Church. Thus also a recourse to the supreme civil ruler was not deemed amiss when an ecclesiastical court undertook a cause belonging to the competency of a higher ecclesiastical court, and the ruler was asked〔can. "Placuit" in Decree of Gratian, Pt. II, Q. I, ch. xi.〕 merely to forward it to the proper tribunal without, however, claiming to delegate to it any jurisdiction. Perhaps the first formal manifestation of this appeal in the legitimate sense occurred in the fourteenth century.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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