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of the parties. The conversion of the magistrates themselves, and of the whole empire, might gradually remove the fears and scruples of the Christians. But they still resorted to the tribunal of the bishops, whose abilities and integrity they esteemed; and the venerable Austin enjoyed the satisfaction of complaining that his spiritual functions were perpetually interrupted by the invidious labor of deciding the claim or the possession of silver and gold, of lands and cattle. 4. The ancient privilege of sanctuary was transferred to the Christian temples, and extended, by the liberal piety of the younger Theodosius, to the precincts of consecrated ground. ^113 The fugitive, and even guilty suppliants,were permitted to implore either the justice, or the mercy, of the Deity and his ministers. The rash violence of despotism was suspended by the mild interposition of the church; and the lives or fortunes of the most eminent subjects might be protected by the mediation of the bishop.

[Footnote 110: From Eusebius (in Vit. Constant. l. iv. c. 27) and Sozomen (l. i. c. 9) we are assured that the episcopal jurisdiction was extended and confirmed by Constantine; but the forgery of a famous edict, which was 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 a philosopher, should allege this edict of Constantine (Esprit des Loix, l. xxix. c. 16) without intimating any suspicion.]

[Footnote 111: The subject of ecclesiastical jurisdiction has been involved in a mist of passion, of prejudice, and of interest. Two of the fairest books which have fallen into my hands, are the Institutes of Canon Law, by the Abbe de Fleury, and the Civil History of Naples, by Giannone. Their moderation was the effect of situation as well as of temper. Fleury was a French ecclesiastic, who respected the authority of the parliaments; Giannone was an Italian lawyer, who dreaded the power of the church. And here let me observe, that as the general propositions which I advance are the result of many particular and imperfect facts, I must either refer the reader to those modern authors who have expressly treated the subject, or swell these notes disproportioned size.]

[Footnote 112: Tillemont has collected from Rufinus, Theodoret, &c., the sentiments and language of Constantine. Mem Eccles tom. iii p. 749, 759.]

[Footnote 113: See Cod. Theod. l. ix. tit. xlv. leg. 4. In the works of Fra Paolo. (tom. iv. p. 192, &c.,) there is an excellent discourse on the origin, claims, abuses, and limits of sanctuaries. He justly observes, that ancient Greece might perhaps contain fifteen or twenty axyla or sanctuaries; a number which at present may be found in Italy within the walls of a single city.]

V. The bishop was the perpetual censor of the morals of his people The discipline of penance was digested into a system of canonical jurisprudence, ^114 which accurately defined the duty of private or public confession, the rules of evidence, the degrees of guilt, and the measure of punishment. It was impossible to execute this spiritual censure, if the Christian pontiff, who punished the obscure sins of the multitude, respected the conspicuous vices and destructive crimes of the magistrate: but it was impossible to arraign the conduct of the magistrate, without, controlling the administration of civil government. Some considerations of religion, or loyalty, or fear, protected the sacred persons of the emperors from the zeal or resentment of the bishops; but they boldly censured and excommunicated the subordinate tyrants, who were not invested with the majesty of the purple. St. Athanasius excommunicated one of the ministers of Egypt; and the interdict which he pronounced, of fire and water, was solemnly transmitted to the churches of Cappadocia. ^115 Under the reign of the younger Theodosius, the polite and eloquent Synesius, one of the descendants of Hercules, ^116 filled the episcopal seat of Ptolemais,