§ 16. EPISCOPAL JUKISDICTION AND INTERCESSION. lOS
for the physical penalty, when convicted of capital crime,' as the ecclesiastical jurisdiction ended with deposition and ex coinmuni cation. Another privilege, granted by Theodosius to the clergy, was, that tliey should not be compelled by torture to bear testimony before the civil tribunal.
This elevation of the power and influence of the bishops vvas a salutary check upon the jurisdiction of the state, and on the whole conduced to the interests of justice and humanity ; though it also nourished hierarchical arrogance and entangled the bishops, to the prejudice of their higher functions, in all manner of secular suits, in which they were frequently called into consultation. Chrysostom complains that " the arbitrator undergoes incalculable vexations, much labor, and more difficulties than the public judge. It is hard to discover the right, but harder not to violate it when discovered. ISTot labor and difficulty alone are connected with office, but also no little dano^er." '^ Auijcustine, too, who could make better use of his time, felt this part of his official duty a burden, which nevertheless he bore for love to the church.^ Others handed over these matters to a subordinate ecclesiastic, or even, like Silvanus, bishop of Troas, to a layman.''
5. Another advantage resulting from the alliance of the church with the empire was the episcopal right of intercession.
The privilege of interceding with the secular power for criminals, prisoners, and unfortunates of every kind had belonged to the heathen priests, and especially to the vestals, and now passed to the Christian ministry, above all to the bishops, and thenceforth became an essential function of their office. A church in Gaul about the year 460 opposed the or-
' Even Constantiue, however, before the council of Nice, had declared, that eliould he himself detect a bishop in the act of adultery, he would rather throw over liira his imperial mantle than bring scandal on the church by punishing a clergyman,
* De sacerd. 1. iii. c. 18, at the beginning.
' In Psalm, xxv. (vol. iv. 115) and Epist. 213, where he complains that before and after noon he was beset and distracted by the members of his church with tem' poral concerns, though they had promised to leave him undisturbed five days in the week, to finish some theological labors. Comp. Neander, iii. 291 sq. (ed. Torrey, ii. 139 sq ).
* Socrat. 1. vii. c. 37.
^
104 THIRD PERIOD. A.D. 311-590.
diiiation of a monk to tlie bishopric, because, being unaccus tomed to intercourse with secuh^r magistratee, though he might intercede with the Heavenly Judge for their souls, he could not with the earthly for their bodies. The bishops were re garded particularly as the guardians of widows and orphans and the control of their property was intrusted to them. Justinian in 529 assigned to them also a supervision of the j^risons, which they were to visit on Wednesdays and Fridays, the days of Christ's passion.
The exercise of this right of intercession, one may well suppose, often obstructed the course of justice ; but it also, in in numerable cases, especially in times of cruel, arbitrary despotism, protected the interests of innocence, humanity, and mercy. Sometimes, by the powerful pleadings of bishops with governore and emperors, whole provinces were rescued from oppressive taxation and from the revenge of conquerors. Thus Flaviar of Antioch in 887 averted the w-rath of Theodosius on occasion of a rebellion, journeying under the double burden of age and sickness even to Constantinople to the emperor himself, and with complete success, as an ambassador of their common Lord, reminding him of the words : " If ye forgive men their trespasses, your heavenly Father will also forgive you," '
6. With the right of intercession was closely connected the right of asylum in churches.
In former times many of the heathen temples and altars, with some exceptions, were held inviolable as places of refuge ; and the Christian churches now inherited also this prerogative. The usage, with some precautions against abuse, was made law by Theodosius II. in 431, and the ill treatment of an unarmed f\igitive in any part of the church edifice, or even u])on the consecrated ground, was threatened with the penalty of deatli."
Thus slaves found sure refuge from the rage of their maslers, debtors from the persecution of inexorable creditors women and virgins from the approaches of profligates, the conquered from the sword of their enemies, in tlio lu^ly places, Dntil the bishop by his powerful mediation couhl procure jus- Matt, vj. 14. ' Cod. Theodos. ix. 45, 1-4. Comp. Socrat. vii. 3a