Constantine had thought that the irregularities of an order of men devoted to the offices of religion should be veiled from the scrutinizing eye of the people. With this view he granted to each bishop, if he were accused of violating the law, the liberty of being tried by his colleagues, and moreover invested him with a criminal jurisdiction over his own clergy. Whether his authority was confined to lesser offences, or extended to capital crimes, is a subject of controversy. There are many edicts which without any limitation reserve the correction of the clergy to the discretion of the bishop; but in the novels of Justinian a distinction is drawn between ecclesiastical and civil transgressions. With the former the Emperor acknowledges that the civil power has no concern: the latter are cognisable by the civil judge. Yet before his sentence can be executed, the convict must be degraded by his ecclesiastical superior; or, if the superior refuse, the whole affair must be referred to the consideration of the sovereign. That this regulation prevailed among the western nations, after their separation from the Empire, is proved by the canons of several councils; but the distinction laid down by Justinian was insensibly abolished, and, whatever might be the nature of the offence with which a clergyman was charged, he was, in the first instance at least, amenable to none but an ecclesiastical tribunal. It was thus that on the Continent the spiritual courts were first established, and their authority was afterward enlarged; but among the Anglo-Saxons the limits of the two judicatures were intermixed and undefined. When the Imperial government ceased in other countries, the natives preserved many of its institutions, which the conquerors incorporated with their own laws; but our barbarian ancestors eradicated every prior establishment, and transplanted the manners of the wilds of Germany into the new solitude which they had made. After their conversion, they associated the heads of the clergy with their nobles, and both equally exercised the functions of civil magistrates.