The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-10-18

Of Fenno, at other times to that Of Cameraino;
and when he had the crotchet OF exercising ia real
earnest hs repudiated jurisdiction the cities, both
far and near, took up arms and proceeded to drive
him away from Macerata.
In the thirteenth century It was thought by In
nocent VI that the time had az length arrived 10
CONQUER all the Tecalciuant and with this ann ne
despatched from Ayignon into Italy Cardinal Egi-
do Albornoz. At one politician and warrior,
making Of every artili,e. hiring merceharrs'
forming alliances, creating rivalres between dle-
rent polil cal factions and between ruing houses,
sowing broadcast titles and excommunicanons, Al
bornoz succeeded in subduing cities. 10 destroying
families, in planting. now in one district ana nov
In another, the standard og the holy See, anu III
obtaining oaths OF allegiance. But II was hot IN
his power to su Ddue and vsnquish the nature OF
things. AS the apostolic authority which he wish
ed to impose on those provinces was rejected by
the same. II continued only al long ~ it was i'm
posed by force, and IT ceased on the departure
OF Alborno2. Foreseeing what would hap.
pen, he wished by some great legL
document to establish right which would
sovereignty in favor of the Court of Rome. He
framed code for the Whole Of that province. AMI
having summoned great popular Parliament in
the CITY of Fano he promu gated i and caused il
TO be accepted AZ this great meeting. This com
piaion Of laws from the name OF il, author
Egido Albornoz-is known to the learned under
the title "CoDstitutiones Egidiana.'
But in this circumstance are struck by a fact
which historians have left unobserved. Whilst
this code was imposed by the Papal Legate on the
Picene province, all the cities all the comnunes,
drew up their own charters, and treated the laws
OF Cardinal Albornoz as dead letter. Tie Court
Of Rome cont nued after this epoch to send
though at long inCei vals-the Presid aforesaid;
but. as we have stated obedience was everywhere
refused to them, and the government remained IN
the hands Of the communes with all rae rights of
sovereignty. Down To the time Of Pope Innocent
VIII, the Popes, shen they wished to be service.
able 10 any friend or san II the provinces, re-
commeDdei him 10 the favor Of some one OF the
communes. How ever whilst the fact, were SO. the
Court OF Rome was always aiming at the extension
and confirmation Of what II put forward AS it,
rights although those rights could not he xercised
ia consequence OF the unanimous aversion IF the
people. IL accordingly had printed in ltI2, at
Jesi, the CONSTITUENCIES AgidanG' il caused
them 10 be reprinted again a. Perugia in l4S3.
These two editions are almost unknown To hisio.
rans that il is doubtful ii than 70 II or i've
copies have been preserved, which now buried
in many different libraries. Subsequently, until
the time Of Cardinal II 'arp, al least fourteen edi-
tons were published, all u them, including the hrst
two, in the possession Of the writer OF this article.
But in treating 81 ihis thing, few perhaps are a..
quainted with the tricks employed by the Court
oi Rome. II took something away nom or II added
something 70, each successive edition OF the code.
IN order that the rights oi the Holy see mlgat
be more fully established. and in orr + thar tides
might be Increased. 10 legtlma e, In some degree
the future usurpations winch they fore shadowed.
In this fact we have the historical expansion Of
were withdrawn from circulation, and a. far as
possible suppressed ny the court OF Rome. 70
which the thought Of their being collated wiih tie
later editions must have been extremely disagree
able Nor. indeed such tasE undert iken;
nor, indeed, could il have been undertaken before
the present time-before fortunate and almost in
credible events had combined 10 put single man
IN possession OF all the dornmcnts that ought be
examined and uuiess this man had possessed the
patience TO enter into slic AN examination.
Meanwhile the Court ~ Rome tried every means
70 NEEDLE in the affairs of the proyiace. Toe
folio King IL an eKamp.c:-As the citizens OF
amandoa. in the province Of ascoli. were divided
into hostile factions. the pope at once sent. as
pacihcators. Dominican monk and prelate Mon
signore Nicco.o Buonaparte. Aud they effected
the objects 81 their mission. aud we're. moreover,
the authors Of charter which wa adopted by the
citizens. But even In this charter. If we except
the mere forms OF language. the real sovereignty
remains vested in the people themselves: and
Rome only assumes the sembance of the right in
proposing this pacific mediation, IN putin herself
forward, and in employing phrases capable of
being twisted in the course Of time as authorities
and prccedents for her ancient sovereignty. This
happened in l469. and the Buoaoparte in que stion
was member OF the very family which now rules
in France; that the earliest legislator kno to
have belonged to the Buonapartc family achieved
his task in the Marches of Ancona.
These Papal arts were AT Inst unsuccessful
The people paid no attention - them:
little, indeed, that We positively aware
how in 1854 the communes were not merely in pos
session Of their own simple or mixed government
but that, even IN spiritual matters. they did not
acknowledge the unjust laws OF The Roman curia.
In fact, ~ that very year the public Parliament of
Fermo iniimated to Sxtus Nv. the propricty of re.
moving Bishop Capranica from his see, because his
scandalous conduct offended the whole city SIX.
tus ". refused to comply with the request. There
upon the bishop was thrown out Of window and
dragged along the street hy The Infatuated people,
without the Court OF Rome ever venturng To take
vengeance against a Commune possessing. like all
the others OF the province rights and sovereignty.
The Court Of Rome had neither the right nor the
power 10 do SO.
The minutes Of the proceedings. the speeches de.
livered by all the orators the resolutions Of the
Parliament, are still In existence. and they COM
ple'ely exclude every idea Of sovereignty under
supreme authority in the Holy See.
The same thing holds good of the other DEGREES
OF other cities; and the acts Of the Council pre-.
served at Cubic in eighty parchment volumes,
supply ncontestable proofs OF this fact. The ar
chiyes Of all the communes attest the same.
The first true aud real conquests were made bv
Alexander the Sixths sou. Cr,ar Borga, by the
success Of his arms and by the massacre Of the
principal families then ruling in their cities and
IN their castles. After that epoch conqnests toll.
lowed upon conquests: various revolutions were
reprcsscd: several cities recognized the sovereign.
Y Of the Holy See. but according 10 the condition.
Of the bi-lateral treaties treaties that limited 10
lofty and beneicent dominion the royal rights.
The conventions preserved the archives AMI in
the histories Of those commuaes, and the DEGREES
Of the court Of Rome, In express aud fragrant yio-
lauon ~ al the pacts agreed 10 when considered
in connection, completely inva idate oil the rights
acquired by the Holy See: for IL ia an elementary
principle Of law aud justice that with the non
compliance Of the stipulated conditions. the CON
tract loses all its force. And II might even be
affirmed that as the origin OF the sovereignty was
marked by defective title. the restoration 70 thu
Holy See OF its Roman provinces was also null and
void. because the monarchy illegitimate: nor
can any diplomacy legitima what Is illegi'm ate.
or confer validity on q Dntract naturally vitatcd.
AN thOSa rights and titles therefore which eai ma
N rv@d sovereignty "a pos sessing gal founda.
ronsv,, wanting ia the Papal government for all
D. provinces, but more particularly and especially
for those OF the Marches.
Ii would have been some compensation had IL
endeavored to make IT, rule acceptable. or even
toerable. 10y il Kindness. But the worst OF All
systems OF laws became more unbearable still
through the personal conduct and bearing of the
governors There was first the cyil government OF
tire prelates for the most part very young. pro-
fnnndlY irnnrnnt Of ndmini.iratiN dnties withnnt