The Decline and Fall of the Roman Empire · ¶217

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, 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. 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, that secret impunity would be less pernicious than public scandal: and the Nicene…

Edward Gibbon · Project Gutenberg #732 (Milman edition) — public domain
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