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The famous law of Constantine, attached to the Theodosian Code, by virtue of which a prodigious and monstrous jurisdiction was formerly attributed to bishops, or to the hieratic order, though in reality that law was never a part of the aforesaid code, at the end of which it is found. Seldon.--Dissertation on Fleta, p. 101.
At time of Valentinian neither bishops nor the Consistories could, without the consent of the contracting lay parties, take cognizance of their causes. * * * Because, says that emperor, it is evident that bishops and priests have no court to determine the laws in, neither can they according to the imperial constitutions of Arcadius and Honorius, as is manifest from the Theodosian body, judge of any other matters than those relating to religion. Thus the aforesaid Emperor Valentinian. Neither do I think that the above sanction as extravagant, obtained a place at the end of the Theodosian Code, or was under the title of Episcopis, by any other manner posted into my manuscript, than by the frauds and deceits, constantly, under various pretenses, made use of by the hieratical orders, who endeavored to shape right or wrong, according to the custom of those ages, not to mention others, sovereign princes and republics of their authority and legal power, by this means under the cloak of religion, its constant pretext, most strenuously serving their own ends and ambition.--Ibid, 107.