thousand one hundred and forty-four that the establishment of the senate is dated, as a glorious aera, in the acts of the city. A new constitution was hastily framed by private ambition or popular enthusiasm; nor could Rome, in the twelfth century, produce an antiquary to explain, or a legislator to restore, the harmony and proportions of the ancient model. The assembly of a free, of an armed, people, will ever speak in loud and weighty acclamations. But the regular distribution of the thirty-five tribes, the nice balance of the wealth and numbers of the centuries, the debates of the adverse orators, and the slow operation of votes and ballots, could not easily be adapted by a blind multitude, ignorant of the arts, and insensible of the benefits, of legal government. It was proposed by Arnold to revive and discriminate the equestrian order; but what could be the motive or measure of such distinction?” The pecuniary qualification of the knights must have been reduced to the poverty of the times: those times no longer required their civil functions of judges and farmers of the revenue; and their primitive duty, their military service on horseback, was more nobly supplied by feudal tenures and the spirit of chivalry. The jurisprudence of the republic was useless and unknown; the nations and families of Italy who lived under the Roman and barbaric laws were insensibly mingled in a common mass: and some faint tradition, some imperfect fragments, preserved the memory of the Code and Pandects of Justinian. With their liberty the Romans might doubtless have restored the appellation and office of consuls, had they not disdained a title so promiscuously adopted in the Italian cities, that it has finally settled on the humble station of the agents of commerce in a foreign land. But the rights of the tribunes, the formidable word that arrested the public counsels, suppose or must produce a legitimate democracy. The old patricians were the subjects, the modern barons the tyrants, of the state; nor would the enemies of peace and order, who insulted the vicar of Christ, have long respected the unarmed sanctity of a plebeian magistrate.” In the revolution of the twelfth century, which gave a new exist

* In ancient Rome the equestrian order was not ranked with the senate and people as a third branch of the republic till the consulship of Cicero, who assumes the Irerit of the establishment (Plin. Hist. Natur. xxxiii. 3 [8]; Beaufort, République Romaine, tom. i. p. 144-155).

* The republican plan of Arnold of Brescia is thus stated by Gunther:

Quin etiam titulos urbis renovare vetustos;
Nomine plebeio secernere nomen equestre,
Jura tribunorum, sanctum reparare senatum,
Et seniofessas mutasque reponere leges.
Lapsa ruinosis, et adhuc pendentia muris
Reddere primaevo Capitolia priscanitori.

But of these reformations some were no more than ideas, others no more than word,

ence and aera to Rome, we may observe the real and important events that marked or confirmed her political independence. I. The Capitoline nill, one of her seven eminences,” is about four hundred yards in length, and two hundred in breadth. A flight of a hundred steps led to the summit of the Tarpeian rock; and far steeper was the ascent before the declivities had been smoothed and the precipices filled by the ruins of fallen edifices. From the earliest ages the Capitol had been used as a temple in peace, a fortress in war: after the loss of the city it maintained a siege against the victorious Gauls; and the sanctuary of the empire was occupied, assaulted, and burnt, in the civil wars of Vitellius and Vespasian.” The temples of Jupiter and his kindred deities had crumbled into dust; their place was supplied by monasteries and houses; and the solid walls, the long and shelving porticoes, were decayed or ruined by the lapse of time. It was the first act of the Romans, an act of freedom, to restore the strength, though not the beauty, of the Capitol; to fortify the seat of their arms and counsels: and as often as they ascended the hill, the coldest minds must have glowed with the remembrance of their ancestors II. The first Caesars had been invested with the exclusive coinage of the gold and silver; to the senate they abandoned the baser metal of bronze or copper:* the emblems and legends were inscribed on a more ample field by the genius of flattery; and the prince was relieved from the care of celebrating his own virtues. The successors of Diocletian 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

The Capitol.

The coin.

* After many disputes among the antiquaries of Rome, it seems determined that the summit of the Capitoline hill next the river is strictly the Mons Tarpeius, the Arx; and that on the other summit, the church and convent of Araceli, the barefoot friars of St. Francis occupy the temple of Jupiter (Nardini, Roma Antica, l. v. c. 11–16)."

* Tacit. Hist. iii. 69, 70.

* 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 Médailles of the Père Joubert, tom. ii. p. 208211, in the improved and scarce edition of the Baron de la Bastie).

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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. Some 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 prote, the empire, the praefect of the city had declined to a “**. municipal officer; yet he still 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.” 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 praefect 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 the praefect. About , p. fifty years after this event, Innocent the 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

* 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.

* A German historian, Gerard 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 xith century: Grandiora urbis et orbis negotia spectant ad Romanum pontificem itemque ad Romanum Imperatorem, sive illius vicarium urbis praefectum, qui de sufi dignitate respicit utrumque, videlicet dominum papam cui facit hominium, et dominum imperatorem a quo accipit suæ potestatis insigne, scilicet gladium exertum.

* The words of a contemporary writer (Pandulph. Pisan. in Wit. Paschal. II. p. 357, 358) describe the election and oath of the prefect in 1118, inconsultis patribus . . . . . loca praefectoria . . . . . Laudes praefectoriae . . . . comitiorum applausum . . . . . juraturum populo in ambonem sublevant . . . . . confirmari eum in urbe praefectum petunt.

* The Romans elected Jordanus patri- succeeded in abolishing the patriciate, eian in the year 1144, in the pontificate banishing Jordanus, and rendering the of Lucius II. Lucius met his death in senate dependent on himself. Von attempting to stem the popular torrent; Raumer, Hohenstaufen,” Wo Thril, but in 1145 his successor, Eugenius III., p. 215.-S.

invested the praefect with a banner instead of a sword, and absolved him from all dependence of oaths or service to the German emperors.” 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 to 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 fathers Number and 2. - - - Goorine (if I may use the expression) were invested with the legissenate. lative 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 or 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.” The union and vigour of a public council was dissolved in a lawless The ome 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 * Urbis praefectum ad ligiam fidelitatem recepit, et per mantum quod illi donavit

de praefecturâ eum publice investivit, qui usque ad id tempus juramento fidelitatis imperatori fuit obligatus et ab eo praefecturae tenuit honorem (Gesta Innocent. III. in Muratori, tom. iii. P. i. p. 487).

* See Otho Frising. Chron. vii. 31, de Gest. Fredéric. I., l. i. c. 27.

* Our countryman, Roger Hoveden, speaks of the single senators, of the Capuzzi family, &c., quorum temporibus melius regebatur Roma quam nunc (A.D. 1194) es: temporibus lvi. senatorum (Ducange, Gloss. tom. vi. p. 191, SENATOREs).

* Muratori (dissert. xlii. tom. iii. p. 785–788) has published an original treaty Concordia inter D. nostrum papam Clementem III. et senatores populi Romani super regalibus et aliis dignitatibus urbis, &c., anno 44° senatas. The senate speaks, and speaks with authority: Reddimus ad praesens . . . . habebimus . . . . dabitis presbyteria .... jurabimus pacemet fidelitatem, &c. A chartula de Tenimentis Tusculani, dated in the 47th year of the same aera, and confirmed decreto amplissimi ordinis senatos, acclamatione P. R. publice Capitolio consistentis. It is there we find the difference of senatores consiliarii and simple senators (Muratori, dissert. xlii. tom. iii. p. 737789).

* On important emergencies the people decision by acclamation. Von Raumer, was assembled in the Capitol, and gave its “Hohenstaufen,” V* Thol, p. 217.-S.

term. But in this transient reign the senators of Rome indulged their avarice and ambition: their justice was perverted by the interest of their family and faction; and as they punished only their enemies, they were obeyed only by their adherents. Anarchy, no longer tempered 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 hopeless of finding at home. In the same age, and from the same motives, most of the Italian republics were prompted to embrace 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 subscriptions; and the duration of his power, the measure of his stipend, 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, attended the Podestà,” 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 permitted 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. It was thus, about the middle of the thirteenth century, that the Romans called from Bologna the senator Brancaleone,” whose fame and merit have been rescued from oblivion by the pen of an English historian. A just anxiety for his

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* 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 on sermon on the duties of these foreign magistrates.

* 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 praetextam sumere mavis;
An Fidenarum Gabiorumque esse Potestas.
(Juvenal. Satir. x. 99.)

* 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 nrompted them to rejoice whenever the popes were humbled and oppressed.

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