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The History of the Decline and Fall of the Roman Empire - Edward Gibbon [2260]

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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 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, ^43 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, ^44 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

[Footnote 36: 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.)

Note: The authority of Nardini is now vigorously impugned, and the question of the Arx and the Temple of Jupiter revived, with new arguments by Niebuhr and his accomplished follower, M. Bunsen. Roms Beschreibung, vol. iii. p. 12, et seqq - M.]

[Footnote 37: Tacit. Hist. iii. 69, 70.]

[Footnote 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.)

Note: Dr Cardwell (Lecture on Ancient Coins, p. 70, et seq.) assigns convincing reasons in support of this opinion. - M.]

[Footnote 39: 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.]

[Footnote 40: 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 sua dignitate respicit utrumque, videlicet dominum papam cui facit hominum, et dominum imperatorem a quo accipit suae potestatis insigne, scilicet gladium exertum.]

[Footnote 41: The words of a contemporary writer (Pandulph. Pisan. in Vit. Paschal. II. p. 357, 358) describe the election and oath of the praefect in 1118, inconsultis patribus .... loca praefectoria .... Laudes praefectoriae .... comitiorum applausum .... juraturum populo in ambonem sublevant .... confirmari eum in urbe praefectum petunt.]

[Footnote 42: Urbis praefectum ad ligiam fidelitatem recepit, et per mantum quod illi donavit de praefectura eum publice investivit, qui usque ad id tempus juramento fidelitatis imperatori fuit obligatus et ab eo praefecturae tenuit honorem, (Gesta Innocent.

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