narrow precincts of Rimini, descended with more honour from the throne, and his ambassador convened the session, in which he renounced the title and authority of lawful pope. To vanquish the obstinacy of Benedict the Thirteenth, or his adherents, the emperor in person undertook a journey from Constance to Perpignan. The kings of Castile, Arragon, Navarre, and Scotland, obtained an equal and honourable treaty with the concurrence of the Spaniards, Benedict was deposed by the council; but the harmless old man was left in a solitary castle to excom-. municate twice each day the rebel kingdoms which had deserted his cause. After thus eradicating the remains of the schism, the synod of Constance proceeded, with slow and cautious steps, to elect the sovereign of Rome and the head of the church. On this momentous occasion, the college of twenty-three cardinals was fortified with thirty deputies; six of whom were chosen in each of the five great nations of Christendom, the Italian, the German, the French, the Spanish, and the English : the interference of strangers was softened by their generous preference of an Italian and a Roman; and the Election of hereditary, as well as personal, merit of Otho Colonna recommended him to the conclave. Rome accepted with f I cannot overlook this great national cause, which was vigorously maintained by the English ambassadors against those of France. The latter contended, that Christendom was essentially distributed into the four great nations and votes, of Italy, Germany, France, and Spain; and that the lesser kingdoms (such as England, Denmark, Portugal, &c.) were comprehended under one or other of these great divisions. The English asserted, that the British islands, of which they were the head, should be considered as a fifth and co-ordinate nation, with an equal vote; and every argument of truth or fable was introduced to exalt the dignity of their country. Including England, Scotland, Wales, the four kingdoms of Ireland, and the Orkneys, the British islands are decorated with eight royal crowns, and discriminated by four or five lan.guages, English, Welsh, Cornish, Scotch, Irish, &c. The greater island from north to south measures eight hundred miles, or forty days' journey; and England alone contains thirty-two counties, and fifty-two thousand parish-churches, (a bold account!) besides cathedrals, colleges, priories, and hospitals. They celebrate the mission of St. Joseph of Arimathea, the birth of Constantine, and the legatine powers of the two primates, without forgetting the testimony of Bartholemy de Glanville, (A. D. 1360.) who reckons only four Christian kingdoms, 1. of Rome, 2. of Constantinople, 3. of Ireland, which had been transferred to the English monarchs, and 4. of Spain. Our countrymen prevailed in the council, but the victories of Henry V. added much weight to their arguments. The adverse pleadings were found at Constance, by sir Robert Wingfield, ambassador from Henry VIII. to the emperor Maximilian I. and by him printed in 1517, at Louvain. From a Leipsic MS. they are more correctly published in the collection of Von der Hardt, tom. 5.; but I have only seen Lenfant's abstract of these acts. (Concile de Constance, tom. 2. p. 447. 453, &c.) Martin V. Martin V. IV. A. D. 1447. A. D. 1434, k joy and obedience the noblest of her sons; the ecclesiastical state was defended by his powerful family, and the elevation of Martin the Fifth is the era of the restoration and establishment of the popes in the Vatican." The royal prerogative of coining money, which had been exercised near three hundred years by the senate, was first resumed by Martin the Fifth," and his image and superscription introduce the series of the Papal medals. Eugenius of his two immediate successors, Eugenius the Fourth A. D. 1431. Was the last pope expelled by the tumults of the Roman Nicholas V. people, and Nicholas the Fifth, the last who was imporLast revolt tuned by the presence of a Roman emperor. I. The of Rome conflict of Eugenius with the fathers of Basil, and the May 29 weight or apprehension of a new excise, emboldened and provoked the Romans to usurp the temporal government of the city. They rose in arms, selected seven governors of the republic, and a constable of the Capitol; imprisoned the pope's nephew; besieged his person in the palace; and shot volleys of arrows into his bark as he escaped down the Tyber in the habit of a monk. But he still possessed in the castle of St. Angelo a faithful garrison, and a train of artillery: their batteries incessantly thundered on the city, and a bullet more dexterously pointed broke down the barricade of the bridge, and scattered with a single shot the heroes of the republic. Their constancy was exhausted by a rebellion of five months. Under the tyranny of the Ghibelline nobles, the wisest October 26. g The histories of the three successive councils, Pisa, Constance, and Basil, have been written with a tolerable degree of candour, industry, and elegance, by a Protestant minister, M. Lenfant, who retired from France to Berlin. They form six volumes in quarto; and as Basil is the worst, so Constance is the best, part of the collection. h See the twenty-seventh dissertation of the antiquities of Muratori, and the first instruction of the Science des Medailles of the pere Joubert and the baron de la Bastie. The Metallic History of Martin V. and his successors, has been composed by two monks, Moulinet a Frenchman, and Bonnani an Italian; but I understand, that the first part of the series is restored from more recent coins. i Besides the lives of Eugenius IV. (Rerum Italic. tom. 3. p. 1. p. 869. and tom. 25. p. 256.) the Diaries of Paul Petroni and Stephen Infessura, are the best original evidence for the revolt of the Romans against Eugenius IV. The former, who lived at the time, and on the spot, speaks the language of a citizen, equally afraid of priestly and popular tyranny. The coronation of Frederic III. is described by Lenfant (Concile de Basle, tom. 2. p. 276-288.) from Æneas Sylvius, a spectator and actor in that splendid scene. patriots regretted the dominion of the church; and their repentance was unanimous and effectual. The troops of St. Peter again occupied the Capitol; the magistrates departed to their homes; the most guilty were executed or exiled; and the legate, at the head of two thousand foot and four thousand horse, was saluted as the father of the city. The synods of Ferrara and Florence, the fear or resentment of Eugenius, prolonged his absence: he was received by a submissive people; but the pontiff understood from the acclamations of his triumphal entry, that to secure their loyalty and his own repose, he must grant without delay the abolition of the odious excise. II. Rome was restored, adorned, and enlightened, by the peaceful reign of Nicholas the Fifth. In the midst of these laudable occupations, the pope was alarmed by the approach of Frederic the Third of Austria; though his Last corofears could not be justified by the character or the power a German of the imperial candidate. After drawing his military emperor, force to the metropolis, and imposing the best security III. of oaths and treaties, Nicholas received with a smiling March 18. countenance the faithful advocate and vassal of the church. So tame were the times, so feeble was the Austrian, that the pomp of his coronation was accomplished with order and harmony: but the superfluous honour was so disgraceful to an independent nation, that his successors have excused themselves from the toilsome pilgrimage to the Vatican; and rest their imperial title on the choice of the electors of Germany. nation of Frederic A. D. 1452. tutes and ment of A citizen has remarked, with pride and pleasure, that The sta the king of the Romans, after passing with a slight sa- governlute the cardinals and prelates who met him at the gate, Rome. distinguished the dress and person of the senator of Rome; and in this last farewell, the pageants of the empire and the republic were clasped in a friendly em The oath of fidelity imposed on the emperor by the pope, is recorded and sanctified in the Clementines; (lib. 2. tit. 9.) and Æneas Sylvius, who objects to this new demand, could not foresee, that in a few years he should ascend the throne, and imbibe the maxims of Boniface VIII. brace." According to the laws of Rome," her first magistrate was required to be a doctor of laws, an alien, of a place at least forty miles from the city; with whose inhabitants he must not be connected in the third canonical degree of blood or alliance. The election was annual: a severe scrutiny was instituted into the conduct of the departing senator; nor could he be recalled to the same office till after the expiration of two years. A liberal salary of three thousand florins was assigned for his expense and reward; and his public appearance represented the majesty of the republic. His robes were of gold brocade or crimson velvet, or in the summer season of a lighter silk; he bore in his hand an ivory sceptre; the sound of trumpets announced his approach; and his solemn steps were preceded at least by four lictors or attendants, whose red wands were enveloped with bands or streamers of the golden colour or livery of the city. His oath in the Capitol proclaims his right and duty, to observe and assert the laws, to control the proud, to protect the poor, and to exercise justice and mercy within the extent of his jurisdiction. In these useful functions he was assisted by three learned strangers, the two collaterals, and the judge of criminal appeals; their frequent trials of robberies, rapes, and murders, are attested by the laws; and the weakness of these laws connives at the licentiousness of private feuds and armed associations for mutual defence. But the senator was confined to the administration of justice; the Capitol, the treasury, and the government of the city and its territory, were intrusted to the three conservators, who were changed four times in each year: the militia of the thirteen regions assembled under the banners of their m Lo senatore di Roma, vestito di brocarto con quella beretta, e con quelle maniche, et ornamenti di pelle, co' quali va alle feste di Testaccio e Nagone, might escape the eye of Æneas Sylvius, but he is viewed with admiration and complacency by the Roman citizen. (Diario di Stephano Infessura, p. 1133.) n See in the statutes of Rome, the senator and three judges, (lib. 1. c. 3-14.) the conservators, (lib. 1. c. 15—17. lib. 3. c. 4.) the camporioni, (lib. 1. c. 18. lib. 3. c. 8.) the secret council, (lib. 3. c. 2.) the common council. (lib. 3. c. 3.) The title of feuds, defiances, acts of violence, &c. is spread through many a chapter (c. 14-40.) of the second book. respective chiefs or caporioni; and the first of these was distinguished by the name and dignity of the prior. The popular legislature consisted of the secret and the common councils of the Romans. The former was composed of the magistrates and their immediate predecessors, with some fiscal and legal officers, and three classes of thirteen, twenty-six, and forty counsellors, amounting in the whole to about one hundred and twenty persons. In the common council all male citizens had a right to vote; and the value of their privilege was enhanced by the care with which any foreigners were prevented from usurping the title and character of Romans. The tumult of a democracy was checked by wise and jealous precautions: except the magistrates, none could propose a question; none were permitted to speak, except from an open pulpit or tribunal; all disorderly acclamations were suppressed; the sense of the majority was decided by a secret ballot; and their decrees were promulgated in the venerable name of the Roman senate and people. It would not be easy to assign a period in which this theory of government has been reduced to accurate and constant practice, since the establishment of order has been gradually connected with the decay of liberty. But in the year 1580, the ancient statutes were collected, methodised in three books, and adapted to present use, under the pontificate, and with the approbation of Gregory XIII.: this civil and criminal code is the modern law of the city; and if the popular assemblies have been abolished, a foreign senator, with the three conservators, still resides in the palace of the Capitol. The policy of the Cæsars has been repeated by • Statuta alma Urbis Roma Auctoritate, S. D. N. Gregorii XIII. Pont. Max. a Senatu Populoque Rom. reformata et edita. Roma, 1580. in folio. The obsolete, repugnant statutes of antiquity were confounded in five books, and Lucas Pætus, a lawyer and antiquarian, was appointed to act as the modern Tribonian. Yet I regret the old code, with the rugged crust of freedom and barbarism. P In my time, (1765.) and in M. Grosley's, (Observations sur l'Italie, tom. 2. p. 361.) The senator of Rome was M. Bielke, a noble Swede, and a proselyte to the Catholic faith. The pope's right to appoint the senator and the conservator is implied, rather than affirmed, in the statutes. |