privileges granted or confirmed by that emperor, or by his successors, were accepted, not as the precarious favors of the court, but as the just and inalienable rights of the ecclesiastical order.

The Catholic church was administered by the spiritual and legal jurisdiction of eighteen hundred bishops; of whom one thousand were seated in the Greek, and eight hundred in the Latin, provinces of the empire. The extent and boundaries of their respective dioceses had been variously and accidentally decided by the zeal and success of the first missionaries, by the wishes of the people, and by the propagation of the gospel. Episcopal churches were closely planted along the banks of the Nile, on the sea-coast of Africa, in the proconsular Asia, and through the southern provinces of Italy. The bishops of Gaul and Spain, of Thrace and Pontus, reigned over an ample territory, and delegated their rural suffragans to execute the subordinate duties of the pastoral office. A Christian diocese might be spread over a province, or reduced to a village; but all the bishops possessed an equal and indelible character: they all derived the same powers and privileges from the apostles, from the people, and from the laws. While the civil and military professions were separated by the policy of Constantine, a new and perpetual order of ecclesiastical ministers, always respectable, sometimes dangerous, was established in the church and state. The important review of their station and attributes may be distributed under the following heads: I. Popular Election. II. Ordination of the Clergy. III. Property. IV. Civil Jurisdiction. V. Spiritual censures. VI. Exercise of public oratory. VII. Privilege of legislative assemblies.

I. The freedom of election subsisted long after the legal establishment of Christianity; and the subjects of Rome enjoyed in the church the privilege which they had lost in the republic, of choosing the magistrates whom they were bound to obey. As soon as a bishop had closed his eyes, the metropolitan issued a commission to one of his suffragans to administer the vacant see, and prepare, within a limited time, the future election. The right of voting was vested in the inferior clergy, who were best qualified to judge of the merit of the candidates; in the senators or nobles of the city, all those who were distinguished by their rank or property; and finally in the whole body of the people, who, on the appointed day, flocked in multitudes from the most remote parts of the diocese, and sometimes silenced by their tumultuous acclamations, the voice of reason and the laws of discipline. These acclamations might accidentally fix on the head of the most deserving competitor; of some ancient presbyter, some holy monk, or some layman, conspicuous for his zeal and piety. But the episcopal chair was solicited, especially in the great and opulent cities of the empire, as a temporal rather than as a spiritual dignity. The interested views, the selfish and angry passions, the arts of perfidy and dissimulation, the secret corruption, the open and even bloody violence which had formerly disgraced the freedom of election in the commonwealths of Greece and Rome, too often influenced the choice of the successors of the apostles. While one of the candidates boasted the honors of his family, a second allured his judges by the delicacies of a plentiful table, and a third, more guilty than his rivals, offered to share the plunder of the church among the accomplices of his sacrilegious hopes The civil as well as ecclesiastical laws attempted to exclude the populace from this solemn and important transaction. The canons of ancient discipline, by requiring several episcopal qualifications, of age, station, &c., restrained, in some measure, the indiscriminate caprice of the electors. The authority of the provincial bishops, who were assembled in the vacant church to consecrate the choice of the people, was interposed to moderate their passions and to correct their mistakes. The bishops could refuse to ordain an unworthy candidate, and the rage of contending factions sometimes accepted their impartial mediation. The submission, or the resistance, of the clergy and people, on various occasions, afforded different precedents, which were insensibly converted into positive laws and provincial customs; but it was every where admitted, as a fundamental maxim of religious policy, that no bishop could be imposed on an orthodox church, without the consent of its members. The emperors, as the guardians of the public peace, and as the first citizens of Rome and Constantinople, might effectually declare their wishes in the choice of a primate; but those absolute monarchs respected the freedom of ecclesiastical elections; and while they distributed and resumed the honors of the state and army, they allowed eighteen hundred perpetual magistrates to receive their important offices from the free suffrages of the people. It was agreeable to the dictates of justice, that these magistrates should not desert an honorable station from which they could not be removed; but the wisdom of councils endeavored, without much success, to enforce the residence, and to prevent the translation, of bishops. The discipline of the West was indeed less relaxed than that of the East; but the same passions which made those regulations necessary, rendered