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.¹⁷ 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,¹⁸ 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,¹⁹ 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.²⁰

The union and vigor 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 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.²¹ 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 Podesta,²² 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 honorably depart till he had satisfied the complaints that might be urged against his government.