tle. 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 disci