The History of the Decline and Fall of the Roman Empire - Edward Gibbon [584]
[Footnote 105: See Justinian. Novell. cxxiii. 3. The revenue of the patriarchs, and the most wealthy bishops, is not expressed: the highest annual valuation of a bishopric is stated at thirty, and the lowest at two, pounds of gold; the medium might be taken at sixteen, but these valuations are much below the real value.]
[Footnote 106: See Baronius, (Annal. Eccles. A. D. 324, No. 58, 65, 70, 71.) Every record which comes from the Vatican is justly suspected; yet these rent-rolls have an ancient and authentic color; and it is at least evident, that, if forged, they were forged in a period when farms not kingdoms, were the objects of papal avarice.]
[Footnote 107: See Thomassin, Discipline de l'Eglise, tom. iii. l. ii. c. 13, 14, 15, p. 689-706. The legal division of the ecclesiastical revenue does not appear to have been established in the time of Ambrose and Chrysostom. Simplicius and Gelasius, who were bishops of Rome in the latter part of the fifth century, mention it in their pastoral letters as a general law, which was already confirmed by the custom of Italy.]
[Footnote 108: Ambrose, the most strenuous assertor of ecclesiastical privileges, submits without a murmur to the payment of the land tax. "Si tri butum petit Imperator, non negamus; agri ecclesiae solvunt tributum solvimus quae sunt Caesaris Caesari, et quae sunt Dei Deo; tributum Caesaris est; non negatur." Baronius labors to interpret this tribute as an act of charity rather than of duty, (Annal. Eccles. A. D. 387;) but the words, if not the intentions of Ambrose are more candidly explained by Thomassin, Discipline de l'Eglise, tom. iii. l. i. c. 34. p. 668.]
[Footnote 109: In Ariminense synodo super ecclesiarum et clericorum privilegiis tractatu habito, usque eo dispositio progressa est, ut juqa quae viderentur ad ecclesiam pertinere, a publica functione cessarent inquietudine desistente; quod nostra videtur dudum sanctio repulsisse. Cod. Theod. l. xvi. tit. ii. leg. 15. Had the synod of Rimini carried this point, such practical merit might have atoned for some speculative heresies.]
IV. The Latin clergy, who erected their tribunal on the ruins of the civil and common law, have modestly accepted, as the gift of Constantine, ^110 the independent jurisdiction, which was the fruit of time, of accident, and of their own industry. But the liberality of the Christian emperors had actually endowed them with some legal prerogatives, which secured and dignified the sacerdotal character. ^111 1. Under a despotic government, the bishops alone enjoyed and asserted the inestimable privilege of being tried only by their peers; and even in a capital accusation, a synod of their brethren were the sole judges of their guilt or innocence. Such a tribunal, unless it was inflamed by personal resentment or religious discord, might be favorable, or even partial, to the sacerdotal order: but Constantine was satisfied, ^112 that secret impunity would be less pernicious than public scandal: and the Nicene council was edited by his public declaration, that if he surprised a bishop in the act of adultery, he should cast his Imperial mantle over the episcopal sinner. 2. The domestic jurisdiction of the bishops was at once a privilege and a restraint of the ecclesiastical order, whose civil causes were decently withdrawn from the cognizance of a secular judge. Their venial offences were not exposed to the shame of a public trial or punishment; and the gentle correction which the tenderness of youth may endure from its parents or instructors, was inflicted by the temperate severity of the bishops. But if the clergy were guilty of any crime which could not be sufficiently expiated by their degradation from an honorable and beneficial profession, the Roman magistrate drew the sword of justice, without any regard to ecclesiastical immunities. 3. The arbitration of the bishops was ratified by a positive law; and the judges were instructed to execute, without appeal or delay, the episcopal decrees, whose validity had hitherto depended on the consent