OP THE ROMAN EMPIRE.

293

iv. The Latin clergy, who erected their tri-bunal on the ruins of the civil and common law,have modestly accepted as the gift of Constan-tine / the independent jurisdiction, which wasthe fruit of time, of accident, and of their ownindustry. But the liberality of the Christian em-perors had actually endowed them with somelegal prerogatives, which secured and dignifiedthe sacerdotal character/ 1, Under a despoticgovernment, the bishops alone enjoyed and as-serted the inestimable privilege of being triedonly by their peers ; and even in a capital accu-sation, a synod of their brethren were the solejudges of their guilt or innocence. Such a tri-bunal, unless if was inflamed by personal resent-ment or religious discord, might be favourable,or even partial, to the sacerdotal order: butConstantine was satisfied/ that secret impu-

* From Eusebius (in Vit. Constant. I. iv, c. 27), and Sozomcn, (1. i, c9) we are assured that the episcopal jurisdiction was extended and con-firmed by Constantine ; but the forgery of a famous edict, which wa»never fairly inserted in the Theodosian Code (see at the end, tom. vi,p. 303), is demonstrated by Godefroy in the most satisfactory manner.It is strange that M. de Montesquieu, who was a lawyer as well as aphilosopher, should allege this edict of Constantine (Esprit del Loix, I;xxix, c. 16), without intimating any suspicion.

1 The subject of ecclesiastical jurisdiction has been involved in a mistof passion, of prejudice, and of interest. Two of the fairest bookswhich have fallen into my hands, are the institutes of Canon Law , bythe Abb£ de FJeury, and the Civil History of Naples, by Giannone.Their moderation was the effect of situation as well as of temper. Fleurywas a French ecclesiastic, who respected the authority of the parlia-ments ; Giannone was an Italian lawyer, who dreaded the power of thechurch. And here let me observe, that as the general propositionswhich I advance are the result of many particular and imperfect facts,I must either refer the reader to those modern authors who have ex-pressly treated the subject, or swell these notes to a disagreeable anddisproportioned size.

“ Tillemont has collected from Rufinus, Theodoret , See. th«

sentiments

CHAP.

XX.

iv. Civiljurisdic-tion.