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[ Cur countryman, Roger Hoveden, speaks of the single senators, of the Capuzzi family, &c., quorum temporibus melius regebatur Roma quam nunc (A.D. 1194) est temporibus lvi. senatorum, (Ducange, Gloss. tom. vi. p. 191, Senatores.)]
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[ 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 44º senatûs. The senate speaks, and speaks with authority: Reddimus ad præsens.... habebimus.... dabitis presbetria.... jurabimus pacem et fidelitatem, &c. A chartula de Tenementis Tusculani, dated in the 47th year of the same æra, and confirmed decreto amplissimi ordinis senatûs, 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 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. [46] 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, [47] 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.
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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 or sermon on the duties of these foreign magistrates.]
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[ 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;
An Fidenarum Gabiorumque esse Potestas.
Juvenal. Satir. x. 99.11]