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pér;38 the emblems and legends were inscribed on a more CHAP. ample field by the genius of flattery; and the prince was LXIX. relieved from the care of celebrating his own virtues. The successors of Dioclesian despised even the flattery of the senate their royal officers at Rome, and in the provinces, assumed the sole direction of the mint; and the same prerogative was inherited by the Gothic kings of Italy, and the long series of the Greek, the French, and the German dynasties. After an abdication of eight hundred years, the Roman senate asserted this honourable and lucrative privilege; which was tacitly renounced by the popes, from Paschal the Second to the establishment of their residence beyond the Alps. of these republican coins of the twelfth and thirteenth centuries, are shown in the cabinets of the curious. On one of these, a gold medal, Christ is depictured holding in his left hand a book with this inscription: "THE VOW OF THE ROMAN SENATE AND PEOPLE ROME THE CAPITAL OF THE WORLD;" on the reverse, St. Peter delivering a banner to a kneeling senator in his cap and gown, with the name and arms of his family impressed on a shield. III. With the empire, the præfect The preof the city had declined to a municipal officer; yet he still city. exercised in the last appeal the civil and criminal jurisdiction; and a drawn sword, which he received from the successors of Otho, was the mode of his investiture and the emblem of his functions.40 The dignity was confined to the noble families of Rome: the choice of the people was ratified by the pope ; but a triple oath of fidelity must have often embarrassed the præfect in the conflict of adverse duties." A servant, in whom they possessed but a third share, was dismissed by the independent Romans: in his place they elected a patrician: but this title, which Charlemagne had not disdained, was too lofty for a citizen or a subject; and, after the first fervour of rebellion, they consented without reluctance to the restoration of

38 This partition of the noble and baser metals between the emperor and senate, must, however, be adopted, not as a positive fact, but as the probable opinion of the best antiquaries (see the Science des Medailles of the Pere Joubert, tom. ii. p. 208-211, in the improved and scarce edition of the Baron de la Bastie.) 59 In his xxviith dissertation on the Antiquities of Italy (tom. ii. p. 559–569,) Muratori exhibits a series of the senatorian coins, which bore the obscure names of Affortiati, Infortiati Provisini, Paparini. During this period all the popes, without excepting Boniface VIII. abstained from the right of coining, which was resumed by his successor Benedict XI. and regularly exercised in the court of Avignon.

40 A German historian, Gerade of Reicherspeg (in Baluz. Miscell. tom. v. p. 64, apud Schmidt, Hist. des Allemands, tom. iii p. 265,) thus describes the constitution of Rome in the eleventh century: Grandiora urbis et orbis negotia spectant ad Romanum pontificem itemque ad Romanum imperatorem; sive illius vicarium urbis præfectum, qui de sua dignitate respicit utrumque, videlicet dominum papam cui facit hominium, et dominum imperatorum a quo accipit suæ potestatis insigne, scilicet gladium exertum.

41 The words of a contemporary writer (Pandulph. Pisan. in Vit. Paschal. II. p. 357, 358,) describe the election and oath of the præfect in 1118, inconsultis patribus......loca præfectoria......Laudes præfectoriæ......comitiorum applausum......juratorum populo in ambonem sublerant......confirmari eum in urbe præfectum petunt,

Number

of the

senate.

43

CHAP. the præfect. About fifty years after this event, Innocent the LXIX. Third, the most ambitious, or at least the most fortunate, of the pontiffs, delivered the Romans and himself from this badge of foreign dominion: he invested the præfect with a banner instead of a sword, and absolved him from all dependence of oaths or service to the German emperors. 42 In his place an ecclesiastic, a present or future cardinal, was named by the pope to the civil government of Rome; but his jurisdiction. has been reduced by a narrow compass; and in the days of freedom, the right or exercise was derived from the senate and people. IV. After the revival of the senate, the conscript and choice fathers (if I may use the expression) were invested with the legislative and executive power; but their views seldom reached beyond the present day; and that day was most frequently disturbed by violence and tumult. In its utmost plenitude, the order of assembly consisted of fifty-six senators," the most eminent of whom were distinguished by the title of counsellors: they were nominated, perhaps annually, by the people; and a previous choice of their electors, ten persons in each region or parish, might afford a basis for a free and permanent constitution. The popes, who in this tempest submitted rather to bend than to break, confirmed by treaty the establishment and privileges of the senate, and expected from time, peace, and religion, the restoration of their government. The motives of public and private interest might sometimes draw from the Romans an occasional and temporary sacrifice of their claims; and they renewed their oath of allegiance to the successor of St. Peter and Constantine, the lawful head of the church and the republic. 45

The office of senator.

The union and vigour of a public council was dissolved in a lawless city; and the Romans soon adopted a more strong and simple mode of administration. They condensed the name and authority of the senate in a single magistrate, or two colleagues; and as they were changed at the end of a year, or of six months, the greatness of the trust was compensated by the shortness of the term. But in this transient reign, the

42 Urbis præfectum ad ligiam fidelitatem recepit, et per mantum quod illi donavit de præfectura eum publice investivit, qui usque ad id tempus juramento fidelitatis imperatori fuit obligatus et ab eo præfecturæ tenuit honorem (Gesta Innocent III. in Muratori, tom. iii. P. i. p. 487.)

43 See Otho Frising. Chron. vii. 31, de Gest. Frederic I. 1. i. c, 27.

4 Our countryman, Roger Hoveden, speaks of the single senators, of the Capuzzi family, &c. quorum temporibus melius regebantur Roma quam nune (A. D. 1194,) est temporibus lvi. senatorum (Ducange, Gloss. tom. vi. p. 191, SENATORES.)

45 Muratori (dissert. xlii. tom. iii. p. 785-788,) has published an original treaty Concordia inter D. nostrum papam Clementem III. et senatores popul Romani super regalibus et aliis dignitatibus urbis, &c. anno 44° senatus. The senate speaks, and speaks with authority; Reddimus ad præsens......habebi mus........ dabitis presbyteria. . . . . . . . jurabimus pacem et fidelitatem, &c. A chartula de Tenimentis Tusculani, dated in the 47th year of the same era, and confirmed decreto amplissimi ordinis senatus, acclamatione, P. R. publice Capi tolio consistentis. It is there we find the difference of senatores consiliarii and simple senators (Muratori dissert. xlii. tom. iii. p. 787-789.)

46

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senators of Rome indulged their avarice and ambition: their CHAP.
justice was perverted by the interest of their family and fac. LXIX.
tion; and as they punished only their enemies, they were
obeyed only by their adherents. Anarchy, no longer tem-
pered by the pastoral care of their bishop, admonished the
Romans that they were incapable of governing themselves;
and they sought abroad those blessings which they were hope-
less of finding at home. In the same age, and from the same
motives, most of the Italian republics were prompted to em-
brace a measure, which, however strange it may seem, was
adapted to their situation, and productive of the most salutary
effects. They chose, in some foreign, but friendly city, an
impartial magistrate, of noble birth and unblemished character,
a soldier and a statesman, recommended by the voice of fame
and his country, to whom they delegated for a time the supreme
administration of peace and war. The compact between the
governor and the governed was sealed with oaths and subscrip-
tions; and the duration of his power, the measure of his sti-
pend, the nature of their mutual obligations, were defined with
scrupulous precision. They swore to obey him as their lawful
superior: he pledged his faith to unite the indifference of a
stranger with the zeal of a patriot. At his choice, four or six
knights and civilians, his assessors in arms and justice, at-
tended the Podesta,47 who maintained at his own expense a
decent retinue of servants and horses: his wife, his son, his
brother, who might bias the affections of the judge, were left
behind; during the exercise of his office he was not per-
mitted to purchase land, to contract an alliance, or even to
accept an invitation in the house of a citizen; nor could he
honourably depart till he had satisfied the complaints that
might be urged against his government.

A. D. 1252
-1258.

It was thus, about the middle of the thirteenth century, that Brancalethe Romans called from Bologna the senator Brancaleone,48 D whose fame and merit have been rescued from oblivion by the pen of an English historian. A just anxiety for his reputation, a clear foresight of the difficulties of the task, had engaged him to refuse the honour of their choice: the statutes of Rome were suspended, and his office prolonged to the term of three

46 Muratori (dissert. xlv. tom. iv. p. 64-92,) has fully explained this mode of government; and the Occulus Pastoralis, which he has given at the end, is a treatise or sermon on the duties of these foreign magistrates.

47 In the Latin writers, at least of the silver age, the title of Potestas was transferred from the office to the magistrate :

Hujus qui trahitur prætextam sumere mavis
An Fidenarum Gabiorumque esse Potestas.

(Juvenal. Satir. x. 99.)

48 See the life and death of Brancaleone, in the Historia Major of Matthew Paris, p. 741. 757. 792. 797. 799.810. 823. 833. 836. 840. The multitude of pilgrims and suitors connected Rome and St. Alban's: and the resentment of the English clergy prompted them to rejoice whenever the popes were humbled and oppressed.

1

CHAP. years. By the guilty and licentious he was accused as cruel; LXIX. by the clergy he was suspected as partial; but the friends of

Charles of

Anjou,

-1278.

peace and order applauded the firm and upright magistrate by whom those blessings were restored. No criminals were so powerful as to brave, so obscure as to elude, the justice of the senator. By his sentence two nobles of the Annibaldi family were executed on a gibbet; and he inexorably demolished, in the city and neighbourhood, one hundred and forty towers, the strong shelters of rapine and mischief. The bishop, as a simple bishop, was compelled to reside in his diocess; and the standard of Brancaleone was displayed in the field with terror and effect. His services were repaid by the ingratitude of a people unworthy of the happiness which they enjoyed. By the public robbers, whom he had provoked for their sake, the Romans were excited to depose and imprison their benefactor; nor would his life have been spared, if Bologna had not possessed a pledge for his safety. Before his departure, the prudent senator had required the exchange of thirty hostages of the noblest families of Rome: on the news of his danger, and at the prayer of his wife, they were more strictly guarded; and Bologna, in the cause of honour, sustained the thunders of a papal interdict. This generous resistance allowed the Romans to compare the present with the past; and Brancaleone was conducted from the prison to the Capitol amidst the acclamations of a repentant people. The remainder of his government was firm and fortunate; and as soon as envy was appeased by death, his head, enclosed in a precious vase, was deposited in a lofty column of marble. 19

The impotence of reason and virtue recommended in Italy A. D. 1265 a more effectual choice: instead of a private citizen, to whom they yielded a voluntary and precarious obedience, the Romans elected for their senator some prince of independent power, who could defend them from their enemies and themselves. Charles of Anjou and Provence, the most ambitious and warlike monarch of the age, accepted at the same time the kingdom of Naples from the pope, and the office of senator from the Roman people. As he passed through the city, in his road to victory, he received their oath of allegiance, lodged in the Lateran palace, and smoothed in a short visit the harsh features of his despotic character. Yet even Charles was

49 Matthew Paris thus ends his account: Caput vero ipsius Brancaleonis in vase pretioso super marmoream columnam collocatum, in signum sui valoris et probitatis, quasi reliquias, superstitiose nimis et pompose sustulerunt. Fuerat enim superborum potentum et malefactorum urbis malleus et exstirpator, et populi protector et defensor, veritatis et justitiæ imitator et amator (p. 840.) A biographer of Innocent IV. Muratori, (Script. tom. iii. P. i. p. 591, 592,) draws a less favourable portrait of this Ghibeline senator.

50 The election of Charles of Anjou to the office of perpetual senator of Rome, is mentioned by the historians in the viiith volume of the collection of Muratori, by Nicholas de Jamsilla (p. 592,) the monk of Padua (p. 724,) Sabas Malaspina, (I. ii. c. 9, p. 808,) and Ricordano Malaspina (c. 177, p. 999.)

exposed to the inconstancy of the people, who saluted with CHAP. the same acclamations the passage of his rival, the unfortunate LXIX. Conradin; and a powerful avenger, who reigned in the Capitol, alarmed the fears and jealousy of the popes. The absolute term of his life was superseded by a renewal every third year; and the enmity of Nicholas the Third obliged the Sicilian king to abdicate the government of Rome. In his bull, a perpetual law, the imperious pontiff asserts the truth, validity, and use, of the donation of Constantine, not less essential to the peace of the city, than to the independence of the church; establishes the annual election of the senator; and formally disqualifies all emperors, kings, princes, and persons of an eminent and conspicuous rank. This prohibitory clause was repealed in his own behalf by Martin the Fourth, who humbly solicited the suffrage of the Romans. In the presence, and by the authority, Pope of the people, two electors conferred, not on the pope, but on A. D. 1181. the noble and faithful Martin, the dignity of senator, and the supreme administration of the republic, to hold during his natural life, and to exercise at pleasure by himself or his deputies. About fifty years afterward, the same title was granted The to the emperor Lewis of Bavaria; and the liberty of Rome Lewis of was acknowledged by her two sovereigns, who accepted a A. D. 1326 municipal office in the government of their own metropolis.

51

52

Martin IV.

emperor

Bavaria,

of Rome

A. D. 1141.

In the first moments of rebellion, when Arnold of Brescia Addresses had inflamed their minds against the church, the Romans art- to the fully laboured to conciliate the favour of the empire, and to emperors. recommend their merit and services in the cause of Cesar. The style of their ambassadors to Conrad the Third and Fre- Conrad III: deric the First, is a mixture of flattery and pride, the tradition ́ and the ignorance of their own history.53 After some complaint of his silence and neglect, they exhort the former of these princes to pass the Alps, and assume from their hands the Imperial crown. "We beseech your majesty, not to disdain the humility of your sons and vassals, not to listen to the accusations of our common enemies; who calumniate the senate as hostile to your throne, who sow the seeds of discord, that they may reap the harvest of destruction. The pope and the Sicilian are united in an impious league to oppose our

51 The high sounding bull of Nicholas III. which founds his temporal sovereignty on the donation of Constantine, is still extant; and as it has been inserted by Boniface VIII. in the State of the Decretals, it must be received by the Catholics, or at least by the Papists, as a sacred and perpetual law.

52 I am indebted to Fleury (Hist. Eccles. tom. xviii. p. 306,) for an extract of this Roman act, which he has taken from the Ecclesiastical Annals of Odericus Raynaldus, A. D. 1281, No. 14, 15.

53 These letters and speeches are preserved by Otho bishop of Frisingen (Fabric. Bibliot. Lat. med. et. infim. tom. v. p. 186, 187,) perhaps the noblest of historians; he was son of Leopold marquis of Austria, his mother, Agnes, was daughter of the emperor Henry IV. and he was half brother and uncle to Conrad III. and Frederic I. He has left, in seven books, a Chronicle of the Times; in two, the Gesta Frederici I. the last of which is inserted in the sixth volume of Muratori's historians,

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