was recently published by Professor Camillo Re, who asserted it to be the first and most ancient that Rome had possessed. But the still more recent researches of Messrs La Mantia and Levi prove that Professor Re's assertions were somewhat too bold. There is certain evidence of a statutum senatus existing between 1212 and 1227, of a statutum vel capitulare senatoris vel senatus of 1235, followed in 1241 by a statutum urbis. This brings us very near to the statute of 1246 mentioned by Vitale and others. So it is well ascertained that, in the first half of the 13th century. Rome possessed statutes at large composed of older limited statutes. The consuls of the trade gilds were from 1267 regular members of the councils; and the merchants' gild held general meetings in 1255. Its statutes were confirmed in 1296 by the senator Pandolfo Savelli, and the compilation of these, published in 1880 by Signor Gatti, refers to 1317.
Meanwhile the struggle between Frederick II. and the pope was once more renewed. The former sought to dominate Frederick II. and the pope. Italy, separate the state from the church, and repress the republics. The latter, although really hostile to the Roman free government, joined it against the emperor, who on his side favoured the republic of Rome and the nobles most adverse to the pope. Thus the new nobility, composed, as we have seen, of two different elements, was again split into a Guelph party headed by the Orsini and a Ghibelline party under the Colonna. And in 1238 it was deemed advisable to elect two senators instead of one, in the hope of conciliating both factions by simultaneously raising them to power. Afterwards one only was elected, alternately an Orsini and a Colonna, then again two, and so on. But all these changes failed in their aims, since the struggle between emperor and pope exasperated party feeling in Rome. Frederick was king of southern Italy and emperor; had he been able to enforce the whole of his authority he would have been absolute master of all Italy, a state of things which the popes could not in any way tolerate. Hence the obstinate and uninterrupted struggle which proved injurious both to the papacy and the empire. The political genius of Frederick might have wrought great harm to the city had not his mind teemed with contradictory ideas. Although desirous to emancipate the state from the church, he was opposed to the communal democracy, which was then the chief strength of the secular state in Italy. While combating the church and persecuting her defenders, he yet sent heretics to the stake; although excommunicated, he undertook a crusade; he feasted at his table philosophers, sceptic and atheist poets, bishops and Mussulmans; he proclaimed anti-Christian the possession of wealth by the church, yet made lavish gifts to altar and monastery. Thus, although he had a strong party in Rome, it seemed to dissolve at his approach, inasmuch as all feared that he might abolish the statutes and liberties of the commune. In fact, when he advanced towards Rome on the death of Gregory IX. in 1241 he was energetically repulsed by the people, and later even by Viterbo, a city that had always been faithful to him. But after he had withdrawn, his adherents gained strength and put to flight his opponent, Innocent IV. (1243-54), the newly elected pope, who then from his asylum at Lyons hurled an excommunication against him. Frederick's death in December 1250 determined the fall of the Ghibelline party and the close of the imperial epoch in Italy. The pope instantly returned to Rome with the set purpose of destroying the power of the Hohenstaufens. This was no longer difficult when, by the decease of Conrad IV. (1254), the child Conradin became the last legitimate representative of that line, and negotiations were already on foot for placing the Angevins on the Neapolitan throne.
The republic meanwhile preserved its independence against the pope, who, among other concessions, had entirely given up to it the right of coinage. Nevertheless, being much harassed by the fractiousness of the nobility, it was obliged in 1252 to decide on the election of an alien senator armed with ample powers, precisely as other communes gave the government into the hands of a podestà. Accordingly a Bolognese noble, Brancaleone degli Andalò, the first foreign senator. Brancaleone degli Andalò, count of Casalecchio, and a Ghibelline of much energy and talent, was invited to Rome. But before accepting office he insisted on making definite terms. He desired to hold the government for three years; and this, although contrary to the statutes, was granted. Further, to ensure his personal safety, he demanded that many scions of the noblest Roman houses should be sent as hostages to Bologna; and to this also the republic consented. Then, in August 1252, he came with his judges and notaries, made oath to observe justice and the laws, and began to govern. He was head of the republic in peace and in war, supreme judge and captain in chief. He nominated the podestàs of subject territories, dispatched ambassadors, issued coin, concluded treaties and received oaths of obedience. The pope, who was then at Perugia, was greatly afflicted by the arrival of this new master, but, despairing of aid from any quarter, was forced to make a virtue of necessity. Thus Brancaleone was able to seize the reins of power with a firm grasp. The parliament still met in the square of the Capitol, and the greater and lesser councils in the church of Ara Coeli. There were besides frequent assemblies of the college of Capitoline judges or assectamentum. Unfortunately, no records having been preserved of the proceedings of the Roman councils and parliament, little can be said of the manner in which affairs were conducted. Certainly Brancaleone's government was not very parliamentary. He convoked the councils as seldom as was possible, although he frequently assembled the people in parliament. The chief complaint made against him was of undue severity in the administration of justice. He rendered the clergy amenable to secular tribunals, subdued the neighbouring cities of Tivoli, Palestrina, &c., and commanded in person the attacking force. But his greatest energy was directed to the repression of the more turbulent nobles who were opposed to him; and he soon made them feel the weight of his hand by hanging some, banishing others, and persecuting several more. But he too recognized the expediency of winning the popular favour. He was the first senator to add to his title that of captain of the people (“Almae Urbis Senator Ill: et Romani Populi Capitaneus”). He befriended the people by promoting the organization of gilds after the manner of those of his native Bologna. There were already a few in Rome, such as the merchants' gild and that of the agriculturists, Bobacteriorum or Bovattari, who must have resembled the so-called mercanti di campagna or graziers of the present day, since no peasant gild existed in Italian republics. The merchants' gild, definitely established in 1255 under Brancaleone's rule, had four consuls and twelve councillors, held meetings and made laws. The other gilds, thirteen in all, were organized much on the same plan. The admission of their heads into the councils of the republic in 1267 shows how efficaciously their interests had been promoted by Brancaleone.
The death of Innocent IV. and the election of Alexander IV. (1254-61), who was milder and less shrewd than his predecessor, were favourable events for Brancaleone; but he failed to check the growing discontent of the clergy and the more powerful nobles, who had received deadly injuries at his hands. And when, on the expiration of his three years' term of office, his re-election was proposed, his enemies rose against him, accused him before the sindacato, threw him into prison, and vehemently protested against the continuance of “foreign tyranny.” His life was only spared on account of the hostages sent to Bologna. The next senator chosen was a Brescian Guelph, Emanuele de Madio, a tool of the nobles, who were now masters of the situation. But soon afterwards, in 1257, the gilds rose in revolt, drove the nobles from power, put the pope to flight, and recalled Brancaleone for another three years' term. He ruled more sternly than before, hung several nobles, and made alliance with Manfred, the representative of the Swabian party in Italy. This rendered him increasingly odious to the pope and procured his excommunication. But, disregarding the
