OF THE ROMAN EMPIRE. 445 nal of the bishops, whose abilities and integrity they CHAP, esteemed ; and the venerable Austin enjoyed the satis- ^^' faction of complaining that his spiritual functions were perpetually interrupted by the invidious labour of de- ciding the claim or the possession of silver and gold, of lands and cattle. 1. The ancient privilege of sanctu- ary was transferred to the christian tem])lcs, and ex- tended, by the liberal piety of the younger Theodosius, to the precincts of consecrated ground". 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 sus- pended 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. V. The bishop was the perpetual censor of the V. Spiritual morals of his people. The discipline of penance was ^^"^"'^^*- digested into a system of canonical jurisprudence^, 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, re- spected the conspicuous vices and destructive crimes of the magistrate : but it was impossible to arraign the conduct of the magistrate, without controlling the ad- ministration 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 excommu- ^ See Cod.Theod. 1. ix. tit. xlv, leg. 4. In the works of Fra. Paolo (torn. iv. p. 192, etc.) 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 azyta, or sanctuaries ; a number which at present may be found in Italy within the walls of a single city. y The penitential jurisprudence was continually improved by the canons of the councils. But as many cases were still left to the discretion of the bishops, they occasionally published, after the example of the Roman pretor, the rules of disciplme which they proposed to observe. Among the canonical epistles of the fourth century, those of Basil the great were the most celebrated. They are inserted in the Pandects of Beveridge, (torn. ii. p. 47 — 1 ;')!.) and are translated by Chardon, Hist, des Sacremens, torn. iv. p. 219—277.
