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Number and choice of the senate
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 of 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,55 the conscript 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 or assembly consisted of fifty-six senators, 56 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. 57
54 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).
55 See Otho Frising. Chron. vii. 31, de Gest. Frederic. I. 1. i. c. 27.
56 Our countryman, Roger Hoveden, speaks of the single senators, of the Capuzzi family, &c. quorum temporibus melius regebatur Roma quam nuno (A.D. 1194) est temporibus lvi. senatorum (Ducange, Gloss. tom. vi. p. 191. SENATORES).
$7 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. 44° senatus. The senate speaks, and speaks with authority : Reddimus ad præsens habebimus presbyteria . jurabimus pacem et fidelitatem, &c. A chartula De tenimentis Tusculani, dated in the 47th year of the same wra, and confirmed decreto amplissimi ordinis senatus, 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. 787-789). [The transactions here touched on belong to the revolution of A.D. 1188, which deserved a more particular notice. Pope Clement III. (1187-91) was forced to make a formal treaty, which implied a new constitution. The Pope was recognised as overlord; he had the right of investing the Senate;
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 the office 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 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.58 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,59
the Senators took an oath of loyalty to him; he had the right of coining, and enjoyed the old revenues of the see; he was bound to supply £100 a year for the walls of the city and to pay the militia ; he abandoned Tusculum to the Romans to destroy, though it was under his protection. The Pope, by this agreement, gave up all legislative authority and rights of government; his power depended on his lands and estates. It is to be noted that this constitution completely ignored the Imperial authority. See Gregorovius, iv. p. 620.]
58 Muratori (dissert. xlv. tom. iv. p. 64-92) has fully explained this mode of government; and the Oculus Pastoralis, which he has given at the end, is a treatise or sermon on the duties of these foreign magistrates.
59 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;
(Juvenal. Satir. x. 99).
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 legno, D. 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 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 years. By the guilty and licentious he was accused as cruel; by the clergy he was suspected as partial; but the friends of 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 diocese; 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
60 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 pil. grims and suitors connected Rome and St. Albans; and the resentment of the English clergy prompted them to rejoice whenever the popes were humbled and oppressed. [There had been another revolution in A.D. 1191. Since 1143 the majority of the Senate had been plebeian; the nobles gained admission by degrees, and after the time of Clement III. and Celestine III. it numbered more patricians of ancient lineage than burghers or knights. Hence discontent and revolution. In 1191 the populace overthrew the Constitution and made Benedict Carushomo the Summus senator. Under him the first municipal statute seems to have been issued. Epp. Innocentii III. lib. ii. n. 239. See Gregorovius, op. cit. iv. 632.]
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, inclosed in a precious vase, was deposited on a lofty column of marble.cl
The impotence of reason and virtue recommended in Italy a Charles of more effectual choice: instead of a private citizen, to whom they 1265-1278 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. 62 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 exposed to the inconstancy of the people, who saluted with the same acclamations the passage of his rival, the unfortunate 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
61 Matthew Paris thus ends his account : Caput vero ipsius Brancaleonis in vase pretioso super marmoream columneam 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 Ghibelline senator.
62 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 (1. ii. c. 9, p. 808), and Ricordano Malespini (c. 177, p. 999).
Popo Mar of an eminent and conspicuous rank.63 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, of the people, two electors conferred, not on the pope, but on the noble and faithful Martin, the dignity of senator and the supreme administration of the republic, 64 to hold during his natural life, and to exercise at pleasure by himself or his deputies. About fifty years afterwards, the same title was granted to the emperor Lewis of Bavaria; and the liberty of Rome was acknowledged by her two sovereigns, who accepted a municipal office in the government of their own metropolis.
In the first moments of rebellion, when Arnold of Brescia had the Rome to inflamed their minds against the church, the Romans artfully
laboured to conciliate the favour of the empire, and to recom
mend their merit and services in the cause of Cæsar. The style Conrad III. of their ambassadors to Conrad the Third and Frederic the First
is a mixture of flattery and pride, the tradition and the ignorance of their own history.65 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
63 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 Sexte of the Decretals, it must be received by the Catholics, oriat least by the Papists, as a sacred and perpetual law.
B: I am indebted to Fleury (Hist. Ecclés. tom. xviii. p. 306) for an extract of this Roman act which he has taken from the Ecclesiastical Annals of Odericus Raynal. dus, A.D. 1281, No. 14, 15.
85 These letters and speeches are preserved by Otho (Otto), 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 (eight] books, a Chronicle of the Times ; in two, the Gesta Frederici I., the last of which is inserted in the vith volume of Muratori's historians. [The chronicle is edited by Wilmans in Mon. Germ. Hist. xx. p. 116 899., and separately in the Script. rer. Germ. 1867 (German translation by Kohl, 1881). The Gesta is also edited by Wilmans in the same volume of the Monumenta; and by Waitz (1884) in the series of the Script. rer. Germ. (German translation by Kohl, 1883). The name of the Chronicle was originally De duabus civitatibus. It is a History of the World, and its object is to prove that, while the secular civitas or kingdom is ephemeral and transitory, the Church, or the kingdom of God, is eternal. Cp. the brief characteristic of Otto in Giesebrecht's Geschichte der deutschen Kaiserzeit, p. 394 399.]