To conform himself to this custom, the judge of the Church takes cognizance only of common crime; in respect to privileged cases he can act only concurrently with the regal judge, who repairs to the episcopal court, where, however, he is but the assessor of the judge of the Church. Both are assisted by their register; each separately, but in one another's presence, takes notes of the course of the proceedings. The official who presides alone interrogates the accused; and if the royal judge has questions to put to him, he must have permission of the ecclesiastical judge to propose them. This procedure is composed of formalities, and produces delays which should not be admitted in criminal jurisprudence. Judges of the Church who have not made a study of laws and formalities are seldom able to conduct criminal proceedings without giving place to appeals, which ruin the accused in expense, make him languish in chains, or retard his punishment if he is guilty. Besides, the French have no precise law to determine which are privileged cases. A criminal often groans in a dungeon for a whole year, without knowing what tribunal will judge him. Priests and monks are in the state and subjects of it. It is very strange that when they trouble society they are not to be judged, like other citizens, by the officers of the sovereign. Among the Jews, even the high priest had not the privilege which our laws grant to simple parish priests. Solomon deposed the high priest Abiathar, without referring him to the synagogue to take his trial. Jesus Christ, accused before a secular and pagan judge, challenged not his jurisdiction. St. Paul, translated to the tribunal of Felix and Festus, declined not their judgment. The Emperor Constantine first granted this privilege to bishops. Honorius and Theodosius the younger extended it to all the clergy, and Justinian confirmed it. In digesting the criminal code of 1670, the counsellor of state, Pussort, and the president of Novion, wished to abolish the conjoint proceeding, and to give to royal judges alone the right of judging the clergy accused of privileged cases; but this so reasonable desire was combated by the first president De Lamoignon, and the advocate-general Talon, and a law which was made to reform our abuses confirmed the most ridiculous of them. A declaration of the king on April 26, 1657, forbids the Parliament of Paris to continue the proceeding commenced against Cardinal Retz, accused of high treason. The same declaration desires that the suits of cardinals, archbishops, and bishops of the kingdom, accused of the crime of high treason, are to be conducted and judged by ecclesiastical judges, as ordered by the canons.