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 UNiVERSiTY OF CALIFORNIA 
 LOS ANGELES
 
 THE 
 
 CIVIL HISTO RY 
 
 OF THE 
 
 KINGDOM 
 
 O F 
 
 NAPLES. 
 
 In Two VOLUMES. 
 
 VOL. I. 
 
 Wherein is contain'd, 
 
 The Hiftory of that Kingdom {comj[)nzing alfo the general Jffa'trs o/^ Europe) under 
 the Romans^ Goths, Greeks, Lojgobards, Norma)is, and the Princes of the Houfe 
 of Sueviiiy 'till the Death of the Emperor Frederick II. in the Year i a jo. 
 
 With the Hiftory of the Civil, Canon, and Feodal Laws ; the Ecclefiaftical Polity; 
 the Succeflion of the Popes, and by what fubtle Arts the Pontificate gain'd upon 
 the Regale. 
 
 Where the Author clearly dcraonftratcs, That the Temporal Dominion and Power 
 exercis'd by the Popes, has been altogether owing to tlie Ignorance, and Conni- 
 vance of, or Conccfllons extorted from Secular Princes during the dark Ages, &c. 
 
 Written in IT'AL I A iV, 
 
 By "PIETRO GIJNNONE, Civilian and Advocate in 
 N A p L r. s 5 and publifh'd j^uno 1723. 
 
 Tranflated into ENGLISH, 
 
 By Captain JAMES O G I L V I E. 
 
 LONDON: 
 
 Printed for the A U T H O R 5 
 And Sold by G.St rah an, in Cornhill ; W. Innys, in St. Tni'Js 
 Church 'Tar d :, C. Davis, in Tater-NoJleY'RonSj -. and T. Car in, 
 near Charhig'Crofs, M. DCC. XXIX.
 
 n2$ 
 
 TO THE 
 
 Right Honourable the 
 
 Earl of Grandison. 
 
 * The Emperor. 
 
 My LORX>, 
 
 HE Hiftory o^ Naples, which I now lay ac 
 Your Lordfliip's Feet, I may venture to fay, 
 is a valuable Piece, and worthy your Lord- 
 fhip's Proted:ion, however it may have fuffer'd 
 in the Tranflation. 
 
 THE Author dedicates it to 
 a Great ^ Prince, and in Your 
 Lordfhip I have found a Patron truly Great 
 and Good. I fpeak from Experience ^ for your Lordfhip was no 
 fooner apprifed of the Change of my Circumftances, than I began 
 to feel the happy Effe<5ts of your great Goodnefs. The fatal Year 
 that involved fo many in irretrievable Ruin, was the Date of 
 my Misfortunes j and from that Time, to this Day, your Lord- 
 fhip, and your good Lady, have relieved me and my Family with 
 a bountiful Hand 5 and, in a Manner fo ingaging, as has left no 
 Impreflions upon me, but thofe of a lading Gratitude and Vene- 
 ration. It is certainly one of the greateft Afflictions of a deprefled 
 Condition, that it is commonly attended with Contempt and Scorn : 
 But when your Lordfliip relieves, you confult the Modefty of the 
 unfortunate Obje<5t, as well as the Diftrefs. I fliould never make an 
 end of my Acknowledgments for all the Goodnefs with which your 
 Lordfhip treats me, and with the Scnfe of which my Heart is full 
 charged • but as I know you love to do Good, rather than hear of 
 ir, iChall be grateful and fllent, Butlmuft give myfelfthc Pleafure of 
 
 rcflcdling 
 
 48486r 
 
 LIBRARY
 
 DEDICATION, 
 
 rcfle(5ling upon the happy Situation of your Lordfliip's Affairs, 
 within whole Gates nothing is feen but Magnificence and Splendor, 
 under the Rules of that exad OEconomy and Order, with which 
 your Lordfliip, and your excellent Lady did fo remarkably diftin- 
 oLiifli yourfelves before the Acceffion of the ample Fortune of your 
 Anceftors : Such a Conduct, my Lord, is a great and rare Example 
 of Wifdom and Prudence; but the Virtues in which you both lliine 
 out, are the conjugal Harmony in which you live, mutually deferv'd, 
 and mutually cxprefs'd. And next to that, the tender Affedtion 
 to your Children, vifible in the Care oi their Education, and of 
 which you have the Comfort to behold t.ie happy Effedts in your 
 accomplifli'd Daughters, adorned with that Modefty, and thofe 
 Graces of their Sex, which, to indulgent Parents, muft give the 
 moft exquifite Pleafure this World can afford. Thefe Felicities, 
 my Lord, are the Fruits of Domeflick Virtues, which, though they 
 don't make fuch Glare, as thofe that are a(5ted upon the Publick 
 Stage, have ever been thought to fet a great and wife Man 
 in the truefl Point of Light. And among the 
 cipio ri . j^Qj^^j^j^^ ^^ jjj^g Qf j.j^g Greatefl: and Beft is cele- 
 brated, not more for his Victories and Triumphs, than for his 
 Behaviour among his Children, even in their Nurfery, where 
 fome little Amufements of his have been rcprefented by all 
 Hiftorians, as the moft convincing Proof of the greatefl: good Nature 
 and Humanity ; which Qiialities were always thought effential in 
 the Compofition of a Hero. But now I am talking of a great 
 M^n, it may be expelled I fliould fayTomething of the Nobility of 
 your Lordfliip's and your Lady's Extraction : And I have at hand 
 the noble Hiftorian, who, in his Catalogue of Heroes (great as any 
 Greece or Rome ever produc'd) has not two more beautiful 
 Characters, than thofe of Falkland and GranHfon 5 but thefe 
 Things, your Lordfliip does not call your own, any farther than 
 as you think yourfelt oblig'd to imitate them ; And may your 
 Lordfliip's promifing Sons, and their late Pofterity, form their 
 Lives by the Examples of their Great Ancefliors ; which is the 
 hearty Prayer of, 
 
 My Lord, 
 
 Tour Lordjjytfs moji ohiig'd, mojl denoted, 
 
 and moji faithful humble Servant, 
 
 J A. O G I L V I E,
 
 
 
 im^m^mmmmm 
 
 THE 
 
 Tranjlatofs PREFACE. 
 
 HE Author s IntroduCilon renders a Preface to this 
 Work m a manner afeJefs. He h'lmfeJf tells uSy 
 that his Stile is very plain and Jimple -^ that he 
 had fo great a Regard to Truth^ in every 
 Thing, as to make the Credibility of his Hijlory 
 depend more on the Con?texion of E'vents, izith 
 their Caufes, than on an elaborate Stile, and a nice Order 
 of Words : That though he <was not ignorant of the Laws 
 of Hijlory, yet he has Jometimes negle£ied the fcritpulous Obfer- 
 'vation of them, by vijlfiing too much on Matters, perhaps of fmall 
 Importance to a great many Readers particularly in the Hijlory of 
 the Laws 5 and that he did it for the Advantage of 'Profejfors, and 
 Gentlemen of the Long Robe. Notwithjlanding ail this, the Reader 
 will not think his Labour lojl, if he values Profit more than 'Plea' 
 Jure, tho' a due ^ Mixture of both were better. The Author^ 
 tho in Communion with the Church of Rome, has not been afraid 
 to tell a great many bold Truths, nowife conjijlent with the Credit 
 and Hoyiour of that Court. To give one Injlance among many 5 
 throughout the Courfe of the Hijlory, be clearly Jljews us, how that 
 Monjlcr of a Spiritual Monarchy, an Imperium in Imperio, was 
 conccivd, brought forth, and nour'tfh'd, till it came to full Matw 
 rity. The Reader will likewife fee what Opinion he had of Re licks, 
 Pilgrimages, hnage-worJJjip, the great Number of Holy-duys^ 
 and other 'Rra^iices introduced during the Ages of Igjjorayice and 
 'Darknefs. For thefe and other Reafons, the Work no fooner ap' 
 peard in Tublick, A. D. 1713, than the Court of Rome was 
 
 Omne tulit punilum, qui ihifcuit utile duki. 
 
 [b-J 
 
 alarm' d -
 
 The Tranjlatofs PREFACE. 
 
 alarm d : It <was Cenfnr'd, Condemn d, and the Sale and Reading 
 of it prohiHtedj under fevere 'Penalties. 
 
 While the Country^ ivhich is now call'd the Kingdom of Naples, 
 ivas under the Romans, and before the Italian Language prevail' d 
 v.uin:erfally owr all Italy, I thought Jit to render the Names of 
 Provinces y Cities, Sec. as they were denominated by the Romans 5 
 but after the Italian became the gejieral Language of all Italy, 
 / have given them the modern Names, fiich as Bcnevento for Bene- 
 ventum 3 Reggio for Rhegium, &c. 
 
 jThe Second Volume of this Work, contains the Hijlory of the 
 Ki7igdom 0/ Naples, I may fay of all Italy, and even ofallEuvo^c, 
 fo far as the 'Princes thereof found themfelves ohlig d to be concern d 
 in the many Wars aud Revolutions of that Kingdom, during the 
 Retg7is of the Houfes of Anjou, Aragon and Auftria, down to the 
 Tear 17 1}. All I have to add, is, that if I had not undertaken 
 the following Tranflation {the Book, as I have /aid, being fup' 
 prefs'd, and fo few Copies got Abroad in the World^ 'tis probable 
 it never would have appear d in Englifh j therefore I hope the 
 Reader will excufe, and with the Pen correli the following 
 Errata. 
 
 E R R A 7' J. 
 
 Page6.!. 51, zfier ilivliMr, not. p. 15. 1. fo. for continuing t. continued, p. 10. 1. penult, r. one of ichom gavf 
 Laws to the Lociians, and the other to the Turians. p. 15-. 1. j. t. fiich Conftitution. p. ;o. l. iz. r. antient 
 Confuhation. 1. 23. t. is to he. p. +4, 1. if. r. caus'd them. p. 64. 1. g. r. it inserted, p. So. 1. 18. inllcad of 
 for which Reafon'tis to bedoititedr. have iielieved.p.Sy . 1. zo.r. rejected. y>. 90. \.ir.:.-4rimir.i.p. loi./. penult. 
 r. and believe, p. 106. 1. 35. for that by r. of. p. 109. 1. 18. dele which. 1. 19, dele rais'd higher; for givi/ig 
 T.gave. p. I x.^.. for Chap.V. r. II. p. 133. 1. 14. for without any r. vithfome p, 134. 1. 3^ 8c 36. r. vh:reforii 
 it teas expedient to have recourfe. p. 135-. I.40. r. eruption, p. 140. 1. 2. for Colonies comtemn'd to the Flotigh 
 r. Coloniaddicti glebs. p. 141. I. 13 8c 14. delewirA theirBlood. p. 142. 1. antepenult, ior Skirmiflies v.niifcrirs. 
 p. ij-l. 1. 24. ior forafmuch as r. as much As. p. 154. 1. 10. dele e/ ;/;<?»>. p. 175. 1. 38. tor Wi/cA/irj«r.yi!r^.ji/. 
 p. 174. 1. 20. dele Jiijiinian. ibid. r.Seci.W. p. 187. I. 16 8c 17. dele in one Day. ibid.r. inSamnium. p. 104. 
 1. 4f . tor being r. was. p. 108. 1. 34. r. of the Theodolian than of the Juftinian Lams. p. 232. 1. 39 ic 40. r.Tsirh ' 
 the Greeks was called Cimeliarcha, and with us, Magnus, ©-c. p. 295-. 1. 17. r. hofpitium. p. 35-2. 1. 27. for 
 Tthich he caus'd firfi to be printed, i. was firft printed, ibid. 1. ^o. dele Ureek. p. 3^3, 1. i y. for rather r.fooner. 
 p. 376. /. 19. for that r. but. p. 379. 1. 23. for being r. and. ibid. 1. 24. dele yohn who. after Opinion r. and. 
 p. 396. 1. 46. after Venofa r. and VotenzM. p. 422. 1. 39. 8c 40. for fellow Soldier r. Tarty in the War. 
 p. 437. 1. 33. for but r. thus, for greater r. great. 1. 34. dele more. p. 45-5. 1. 5-3. for Salerno r. Palermo. 
 p. 45-8. 1. 28. for their r. the. p. 47f. 1. 8. for give the Reader an Account r. refer the Reader to. p. ^-32. 
 1. 26. after de r. in. p. fj6. 1. 34. for hetuler r. Lunden. p. 664. 1. 28. dele wottU. p. 680. 1. 7. dele which. 
 ibid. 1. 8. after up r. the Damages, p. 703, 1. 31. for uprightly r./prighlly. p. 74J. 1, 31. T.faliite. ibid. 
 ]. 36. T.folita. ibid. 1. 5-4. r. ipfa. 
 
 A LIST
 
 LIST of the NAMES 
 
 O F T H E 
 
 SUBSCRIBERS. 
 
 N. B. Thofe marKd [^] are for Large ^aper. 
 
 iHE Moft Honourable 
 my Lord Marquis of 
 Annandale 
 * The Right Honourable 
 the Earl oi Airly 
 
 * The Right Honourable the Earl of 
 Aberdeen 
 
 * The Right Honourable the Earl of 
 Abington, z Copies. 
 
 * The Right Honourable my Lord Vif- 
 count of Arbtithnot 
 
 Alex. Arhutbnot, of Findowry, Efqj 
 
 * John Arbuthnot, M. D. 
 
 Mr. Robert Arbutbiiot, Banker at Pans 
 
 * Captain George Arbutbmt 
 
 * Mr. John Arbuthnot, ofParis., z Copies 
 
 * Captain A/laby, of the 4th Troop of 
 Guards 
 
 * Mr. Alexander Alexander, Banker at 
 
 Paris, 3 Copies 
 Sir ^bo. AJhtoity of AJJjton in QheJJmr, 
 Baronet 
 
 * Captain Alexander Abercromhy, of 
 GlaJJjaugh 
 
 * Captain James Abereromhy, of Col. 
 
 Montague's Regiment 
 
 * Captain James Agne-sJ 
 Sir Robert Abdy, Baronet 
 
 * Sir John Anftrutber, Baronet 
 Jobn Aitkine, Efq; 
 
 * Henry Archer, of Oakley Park in Sfji-ol^- 
 Jhire, Efq; 
 
 B 
 
 * His Grace the Duke of Beaufort 
 Right Honourable the Earl of Burlington 
 
 * The Right Honourable my Lord 
 Vifcount Bulkly 
 
 * The Right Honourable my Ld. Bhiny 
 Right Honourable Lord Balbavon 
 
 * The Honourable James Bertie 
 
 Sir
 
 J List of the Names 
 
 Sir Alex. Banmrwan, of Elfick, Bart. 
 
 * John Biurd, of Ncjubytb, Efq; 
 Francis Bnchauuan, of Ariiprior^ Elqj 
 
 * Sir I'bomas Brand 
 
 * Benjamin Bathurft^ Efqj 
 
 * Alexander Burn, Efq; 
 
 * Bagnol, Efq; 
 
 * The Honourable Alexander Brody, 
 Lord L)on of Scotland 
 
 Captain George Brody, oi Milton 
 ■^ Mr. 7'homas Bro-^'n 
 
 * [/'o,!;;; Barber, Efq; Alderman of 
 
 * H.'igb Bctbel, ofS-u:indon in TorkJJjire,'E{q; 
 Iliigb Betbcl, of R//e in TorkJJjtre, Efq; 
 
 ^ T'/jonas Burner, of Kirkhill, Efq; 
 T'o/^w Biirford, M. A. Fellow of /C/;/g's 
 
 College, Cambridge 
 "f- Briftol, Gent. 
 
 ^ Richard Bignon, Efq; 
 ''^ Joannes Burchardus Menckenius, Coun- 
 
 fellor and Hiftotiographcr to the King 
 
 of Poland, J.U.D. 
 Alexander Brody, of Letben, Efq; 
 "*" The Honourable Jofiab Btirchet 
 Samuel Brozvfter, Efq; 
 Orlando Bridgeman, Efq; 
 Captain David Braimer 
 
 ■* His Grace tlie Archbp. of Canterbury 
 The Right Honourable the Marquis of 
 
 Carmarthen 
 The Right Hon. the Lord Carpenter 
 The Right Hon. the Lord Carmichael 
 
 * The Honourable Lucius Charles Cary 
 ^ The Honourable Leak Cary 
 
 ^ The Hon. Colonel Jaiues Campbell 
 
 * Colonel Cecil 
 
 '^^ John Campbell of Calder, Efq; 
 
 yobn Campbell, of St ackpolc Court, in the 
 
 County of Pembroke, Efq-, 
 Jajncs Campbell, of Pall-Mall, Efq; 
 
 * Sir Thomas Clark 
 
 Sir John Hinde Cotton, of Maddingly in 
 
 Cambridgejljire, Bart. 
 ^ J^o/^M Cumming, M. A. Profeffor of the 
 
 Civil Law in Grcfuam College 
 ^ Colonel Francis Charters 
 Major John Car7nkhael 
 
 * Captain John Caruthers 
 •'*■ Charles Qt/ar, Efq; 
 
 Henry Cunningham, of Balquban, Efq; 
 ■■^ Mr. P/7/7//) Cantillon 
 ^ Sir iVilliam Codrington 
 •* Crozvl, Efq; 
 
 Thomas If right, Efq; 
 
 of the SUBCRIBERS. 
 
 * Fr. Childy Efq; Alderman of London 
 Mr. Frederick Corfar, Merchant in Dundee 
 
 * Roi'frf Cof?o«, Efq; 
 
 * John Cotton, Efq; 
 Major IVilliam Cleland 
 
 * Captain IVilliam Cleland 
 Mr. Archibald Cleland 
 
 Mr. Ro^e)-? CruickJJjanks, Merchant 
 Captain Corner 
 
 * George Cheap, Efq; 
 
 The Reverend Mr. Caltert 
 
 D 
 
 His Grace the Duke of Devonjbire 
 
 * The Right Honourable the Earl of 
 
 Dundonald 
 The Hon. Lord Ed'-juard Drummond 
 John Drummond, of Norfolk-Street, Efq; 
 IVilliam Drummond, of Grange, Efq; 
 
 * Montague Gerard Drake, Efq; 
 J/«^^ Dalrytfiple, Advocate 
 Colonel IVilliam Do'u.glas 
 
 * Sir James Doylif, Baronet 
 
 ■^ John Da'vidfoH, Efq; Clerk to the 
 Jufliciary Court at Edinburgh 
 
 * Sir Chriftopber Desboverie 
 
 Mr, Andrew Dunlop, Watch-Maker, in 
 
 Spring-Garden 
 '^ Patrick Duff, of Premna, Efq; 
 
 * Colonel James Doioglas 
 
 Thomas Dickens, L. L. D. the King's 
 Profeffor of Law in the Univerfity of 
 Cambridge 
 
 * Dumville, Efq; 
 
 IVilliam Dundas, Merchant in Rotterdam 
 
 * IVilliam Duff, of Braco, Efq; 
 George Drummond, M. D. 
 
 * IVilliam Day, Efq; 
 
 * The Right Hon. my Lord Elphingllon 
 
 * The Right Hon. my Lord Erskine 
 
 * The Right Honourable my Lady 
 
 Francei Erskine 
 
 * Sir Edmond Eierard, Baronet 
 
 * Sir John Erskine, of Alva, Baronet 
 Captain Patrick Edmmijion, of the Third 
 
 Regiment of Guards 
 7'bomas Edmonfton, Efq; 
 Humphrey Ed-juin, Efq; 
 
 * Henry Evans, of Surry, Efq; 
 William Edgxortb, Efq; 
 
 The
 
 A List of the Names of the Subscribers. 
 
 Mr. Jofeph Gafcoign 
 Mr. John Gafcoi^n 
 F Mr. Benjamin Gafcoign 
 
 Mr. Charles Gray of Colchefter 
 
 * The Right Honourable my Lord Guthrie^ Efqj 
 
 Vilcount of Falkland 
 
 * The Right Honourable my Lady 
 Vifcountefs of Falkland 
 
 * Duncan Forbes, Lord Advocate jj 
 Charles Farquharfon, Writer to the Signet 
 
 * John Fullerton Governor of Hudjons 
 
 Bay 
 
 * John Forbes of Cullodon, Efqj 
 
 * Stephen Fox, Efq; 
 
 Richard Fitzgerald o£ Grays-Inn, Efq; 
 Sir Arthur Forbes of Q-aigivar, Bart. 
 Stmon Frazer, Efq; 
 Collonel Thomas Fo-^ke 
 Mr. Nicholas Fenwick 
 Wtlliara Fullerton, M. D. 
 John Freeman, Efqj 
 
 * The Right Honourable the Earl of 
 Grandifon 
 
 * The Right Honourable the Earl of 
 
 Gakdcay 
 
 * The Right Honourable my Lord 
 Gower, Two Copies 
 
 * The Rt. Hon. my Lord Garlics 
 
 * The Right Honourable my Lord 
 Grange 
 
 * The Honourable Lady Betty Germaine 
 Alexander Gibfon of Dury, Efcji 
 Robert Gordon of Cltiny, Efq; 
 
 John Gordon of Glenbucket, E{q; 
 
 * Sir Robert Gordon of Gordonjiown, Bart. 
 
 * Sir IVilliani Gordon of Invergordon, 
 Bart. 
 
 Thomas Graham, Efq; Apothecary to His 
 
 Majefty 
 Mr. Alexander Gordon oiBntilogn, Banker 
 
 * Mr. George Gordon, Peruke Maker in 
 
 Stiffolk-Jlreet 
 James Graham of Airth, Advocate 
 
 * James Grant of Grant, E{q; 
 
 * Sir Archibald Grant of Montmusk, Bart. 
 Patrick Grant of Elchies, Elq; 
 
 * Colonel IVtlliam Grant 
 Captain George Grant 
 
 " Mr. Alexander Grant, Sadler 
 
 * Captain Alexander Geddes 
 
 * Collonel Joflma Gueji, Barrack-Mafter 
 
 General of Scotland 
 Edziard Gibbon, Efq; 
 
 * Alexander Garden younger of Tt-oop, Efq; 
 
 * Patrick Garden, Counfellorin L?«w/« i 
 Inn, Elq; 
 
 * His Grace the Duke of Hamilton 
 
 * Her Grace the Dutchefs Dowager of 
 Hamilton 
 
 * The Rt. Hon. my Lord Harboroiigh 
 The Honourable Colonel Howard 
 The Honourable John Hay 
 The Honourable John Hay, Advocate 
 Captain Charles Hardy 
 Mr. James Hamilton of Durham Tard 
 
 * Richard Hull, Efq; 
 
 * Henry Archer of Oakly Park in ^hrop' 
 JJoire, Efq; 
 
 Patrick Heron of Heron, Efq; 
 
 * Captain George Harrifon 
 
 * Mr. Robert Hamilton, Wine-Merchant 
 
 * Sir 1'homas Hay, Bart. 
 
 IVtlliam Hamilton, Couniellor in Lincoln s 
 
 Inn, Efq; 
 Alexander Ha)nilton of Ballencreif, Efq; 
 The Honourable Colonel John Hope 
 John Hsdwortb, Efq; 
 
 The Right Hon. the Lord St. John of 
 Bletzo 
 
 The Right Hon. James John/ton, Efq; 
 
 * James Joy, Efq; 
 
 Arthur Ingram, Elq; 
 
 Mr. IVtlliam Johnjhn, Pewterer in Aber- 
 deen 
 
 Mr. Alexander Jolly, Taylor in P anions 
 Square 
 
 Mr. Ingram 
 
 Ralph Jennifon, Efq; 
 
 Captain IVilliam Johnfton 
 
 Mr. IVilliam Innys, BookJeller 
 
 Mr. Stephen Theodore Janffcn, 3 Copies 
 
 K 
 
 * The Right Honourable the Countefs 
 Dowager of Kilmarnock 
 
 [ c ] The
 
 A his t of the Names 
 
 * The Right Honourable the Earl of 
 Kiutorc 
 
 * The Right Hon. my I.ord Vilcount of 
 
 Kiliiiony 
 
 * The Honourable Brigadier General Ker 
 Captain Robert Ker 
 
 * Ed-jocird Keymeys, Elqi 
 Thomas Kennedy, Efq; 
 
 George Keith, Advocate in Aberdeen 
 
 * Robert Knight, Eiq; 
 Captain John Keate 
 
 Of 
 
 the Sv B S C Kl BLKS, 
 
 Conyers Middleton, D. D. Principal Libra- 
 ry-keeper to the Univerfity of Grw- 
 
 b ridge 
 
 * Sir Robert Morton, Bart. 
 
 James Maitland, Goldfmith, at the Graf- 
 hopper, Stiffolk-jlreet 
 
 * Captain Robert Maxwell 
 
 * Robert Man, Efq; 
 James Monro, M. D. 
 John Mule after, Efq; 
 
 Thomas Mathews of Circncefiery Efq; 
 John Manley, Efq^ 
 
 N 
 
 ^ The Right Reverend Father in God 
 the Lord Bifhop of Lincoln 
 
 * The Right Honourable my Lord 
 Lanfdozcn 
 
 * The Right Honourable my Lady 
 Lanfdoivn 
 
 The Honourable Fitz-Roy Henry Lee, 
 
 Efq; 
 Samuel Lo-zv of IVeft-Broimvich, Efq; 
 The Library of /C/«^'s College, Camb-ridge 
 George Lefly, Efq; 
 
 * 'Thomas Leigh of Booths in Chefiire, 
 Efq; 
 
 ^ Edward Lijle, Efq; 
 
 ^ The Honourable Captain John Liimley 
 
 «: Captain Marcellus Laroon 
 
 * Captain Philip Lloyd 
 
 M 
 
 The Rt. Hon. the Earl of Macclesfield 
 The Rt. Hon. the Earl of Marcbmont 
 
 * The Right Honourable the Earl of 
 
 Middleton 
 
 * The Honourable Lord George Murray 
 The Rt. Hon. the Lord Mmto 
 
 * The Honourable Thomas Maynard 
 
 * The Hon. Sir Kenneth Mackenzy of 
 
 Cromarty, Bart. 
 The Reverend Mr. Moncreif 
 Alexander Mackay of Palgown, Efq; 
 Captain George Mackay 
 Theodore Morifon of Bogny, Efq; 
 Sir Patrick Murray of Balmanno, Bart. 
 George Mackenzy, younger, of Delvin, 
 
 Efq; 
 *JohnMerrel, Efq; 
 
 * IVilliam Maitland, Gent. 
 
 * John Mttchelfon of Middleton, Efq; 
 
 * Captain John Medden 
 
 Thomas Mackgill of Ifindfor, M. D. 
 
 * The Marfhal College of Aberdeen 
 
 * His Grace the Dnke of Norfolk 
 
 * The Right Honourable the Lord 
 Napier 
 
 * The Honourable Francis North 
 
 * Sir Michael Newton, Knight of the 
 Bath 
 
 * Sir David Nairn, Kt. 
 
 * Nairn of Greenyards 
 
 Mr. irilUam Neilfon 
 
 Mr. Ralph Nodden, Merchant 
 
 O 
 
 * The Rt. Hon. the Earl of Oxford 
 
 * The Honourable Jchn Ogilvie 
 
 * Sir John Ogilvie of Innerwharity, Bart. 
 Archibald Ogilvie oi Rothemay, Efq; 
 
 * David Ogilvie of Cliiny, Efq; 
 
 * Captain James Ogilvie of Brigadier 
 General Ker\ Dragoons 
 
 * James Ogilvie, Efq; Comptroller of 
 Aberdeen 
 
 * Captain George Ogilvie of the Third 
 Regiment of Guards 
 
 * Captain David Ogilvie of Brigadier 
 General Kers Dragoons 
 
 * John Ogilvie Second Lieutenant of His 
 
 Majefty's Ship the Cornwall 
 Alexander Ouchterlony, Efq; 
 Captain li'illiam Ouchterlony 
 
 * The Right Honourable the Lord 
 Vifcount of Primroje 
 
 * Colionel Pettit 
 
 * Sir Roc^ert Pollock of Pollock, Bart. 
 
 * Robert Panton, Efq; 
 
 * Francis Panton, Efq; 
 
 Alexander
 
 A List of the Names of the Sub'scribers. 
 
 Alexander Pringle of IVbifebauk, E(q; * Capt. James Scot of Brigadier Dowglas's 
 The Reverend Sir Robert Pye, Bart. Jate Regiment 
 
 TheHonoura.b\e Ricbardfou Packy ECq; *' James Scot, Surgeon to the Train in 
 John Pringle of Haining, Eiq; Port-Mahon 
 
 Robert Scot, Surgeon in Ccvent-Garden 
 Major Boyl Smttb 
 Colonel Henry Skelton 
 Q_ Alexander Symmcr, Efq; 
 
 Alexander Symmer, Bookfcllor in Edin- 
 burgh 
 Sir Ed-ward Smytb of Hill-Hall in EJJex, 
 
 Bart. 
 David Smith vounger, of ilff/Z'i;/;/, Efq ; 
 
 * His Grace 
 Six Copies 
 
 the Duke of ^leenshury 
 
 R. 
 
 » His Grace the Duke of Roslnrgh 
 
 * Her Grace the Dutchefs Dowager of 
 
 Rutland 
 
 * The Right Honourable the Earl of 
 
 Rotbes 
 
 * S\t Alexander Ramfcy o£ Balwain, Bart. 
 
 * Sir Peter Redman, Bart. 
 Sir I'bomas Rent on, 
 
 John Rentcn, Junior, Efq; 
 
 * Captain John Rutherford of Collonel 
 Najfaus late Regiment 
 
 Captain Ed-ward Randolph 
 Captain John Roberton of Ernock 
 Captain James Rofs 
 The Reverend Simon Rowe 
 The Reverend Mr. Robertjloa-w 
 Mr. Rich. Roycroft, Vintner 
 
 * The Right Honourable the Earl of 
 Scarsborotigh, Mafter of the Horfe to 
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 Ci] 
 
 THE 
 
 INTRODUCTION. 
 
 rl^ ^■^^y^J^-'^ 
 
 H E Hiftory, whicli I undertake to write of the Kingdom of 
 Naples, which for many Ages is to be the fad Theatre of War, 
 Ihall not ftun the Readers with the Noife of Battels, nor the 
 Clafliing of Arms ; much lefs is it defign'd for pleafing them with* 
 fine Deicriptions of its. charming and delicious Places, with the 
 Sweetnefs of its Climate, the Fertility of its Fields, and all that 
 which Nature, in order to Pnew her Power, hath profufely bc- 
 ftow'd upon it : Neither is it intended for amufing them with the Antiquity and 
 Magnificence of the fpacious and (lately Edifices of its Cities, and of that which 
 Mechanical Art hath fo wonderfully perform'd in it : Others have undertaken 
 that Province, and perhaps there's much more publifh'd on that Subjed than 
 was needful. This Hiftory fhall treat altogether of Civil Affairs, and therefore, 
 if I am not miftaken, will be intirely new, wherein the Polity, Laws and Cufloms 
 of fo noble a Kingdom, fhall be treated of fcparately ; An Undertaking, which 
 has been wanted for compleating the Qlory of this fo illuftrious and renowned a 
 Province of Italy. We fhall relate in a Series of little lefs than Fifteen Centuries, 
 the various Conditions and Changes of its Civil Government under fb many 
 Princes that have govern'd it ; and by how many Steps it at laft arriv'd to the 
 State in which we fee it at prefent j how it vary'd by reafon of the Ecclefiaftical 
 Polity and Statutes introduc'd into it ; what Ufe and Authority the Reman Laws 
 had in it, during the Empire, and how they afterwards declin'd ; their being 
 out of Date and Re-eflablifhment, and the various Fortune of the many other 
 Laws introduc'd afterwards by different Nations ^ the Academies, Tribunals, Ma- 
 giftrates, Lawyers, Scignories, Officers and Orders ^ in fhort, all that belongs to 
 the Form of its Government, as well Political and Temporal, as Ecclefiaflical and 
 Spiritual. 
 
 I F this Kingdom had flaried up, as an Ifland in the midft of the Ocean, fe- 
 parated and divided from all the reft of the World, we fhould not have had the 
 Trouble of writing fo many Books in order to compofc its Civil Hiftory; foraf^ 
 much as it would have been fufficient to have known the Rights of the Princes 
 who govern'd it, and their own Laws and Inftitutions, by which it was govern'd: 
 But feeing it hath almoft always been fubjedl, either to a vaft Empire, as was 
 that of the Komaiis, and afterwards to the Greek ; or to a great Kingdom, as that 
 o( Italy under the Goths and Longotards i or at laft, to other Princes, who having 
 
 B their
 
 ii The Introduction. 
 
 their Royal Seats plac'd elfewhere, from whence they govern'd it by their Mitii- 
 fters, it ought to be imputed to cruel NeceOity only, that in order to the right 
 iinderftanding its peculiar Polity, we are oblig'd to give a Hint of the Form and 
 Difpofition of the Rcuhrn Empire, and after what manner its Provinces were go- 
 vern'd, amongft which, the moft confiderable that it had in Italy, were certainly 
 thele of which our Kingdom is compos'd. We fhould not be able to comprehend 
 their Revolutions, if at the fame Time we did not {hew the more general Caufes, 
 whereby the whole being chang'd, this Part likewife came to be altered ; and fee- 
 ing thefe Provinces, on account of their noble Advantages, invited many Princes 
 of Europe to conquer them, therefore they were long difputed, every one pretend- 
 ing Right to them, fome as Tributary, others to have the Protection of them, 
 and, in fine, fbme as Feudatory : Therefore we thought it worth the while to 
 difcover the Springs of all thefe Pretenfions ; neither could they be otherwife made 
 clear, but by giving a general Idea and Relation of the State of Italy at different 
 Times, and often of other remote Principalities, and of the Transferring of King- 
 doms from one People to another, from whence arofe the numerous Pretenfions 
 which fet a going and encourag'd the Undertakings. 
 
 NEITHER have fuch Searches been neceffary only for giving an exa6l and 
 diftind: Knowledge of the Political and Temporal State of this Kingdom, as per- 
 haps fbme have thought, but likewife of what concerns Ecclefiafticai Affairs ; for- 
 afmuch as the Difputes were no lefs among Secular Princes, than among the 
 greateft Prelates of the Church. This Kingdom was alfb contended for by the two 
 moft famous Patriarchs of the World, the one oi Rome in the Weft, and the other 
 o( Conjiantinopk in the Eaft. By all Right the Government of our Churches be- 
 long'd to the Roiitau Pontiff, not only as Head of the Univerfal Church, but like- 
 wife as Patriarch of the Weft, even altho' his Patriarchal Authority had been con- 
 fin'd to the Suburbicarian Cities only ; but the Patriarch of Conftantinople, with a 
 rafh Boldnefs, attempted to ufurp his Right. He pretended, that many Churches 
 of this Kingdom belong'd to his Patriarchate of the Eaft ; that it was his Right to 
 ere(5k Cities into Metropolis's, and to afUgn them what Suffragan Bifhops he thought 
 fit : Therefore it was neceffary to fhew, how thefe two Patriarchates by degrees 
 'have extended their Bounds ; which cannot well be done without a general Know- 
 ledge of the Polity of the Ecclefiafticai State, and of the Difpofition of its Dioceffes 
 and Provinces. 
 
 THE Civil Hiftory, according to the prefent Syftem of the Catholick World, 
 furely cannot be feparated from the Ecclefiafticai. The Ecclefiafticai State vying 
 with that of the Political and Temporal of Princes, is fb ftrongly fix'd and rooted 
 in Empire, by the means of their Statutes, that at prefent the Changes of the one 
 cannot be diftindlly perceiv'd without the Know ledge of the other. Therefore it is 
 neceffary to fee, how and when the Ecclefiafticai State intruded itfelf into Empire, 
 and what Novelties it occafion'd in this Kingdom j which, truly, was one of the 
 greateft Caufes of the Change of its Political and Temporal State ; and thereby, 
 not without Aftonifliment, we fhall difcover, how, contrary to all the Laws of Go- 
 vernment, one Empire hath been able to eftablifh itfelf within another, and how 
 the Priefthood often, by perverting the Devotion of the People, and its own Spi- 
 ritual Power, hath incroach'd upon the Temporal Government of this Kingdom, 
 which was the Source of the numberlefs Difputes about Jurifdiclion, with which 
 the Chriftian Republick will always abound, and our Kingdom more than any 
 other, which induc'd fbme worthy Men to labour to bring thefe two Powers to a 
 perfect Harmony and Agreement, by mutually communicating their Power and 
 Energy ; it being known by long Experience, that if the Empire affift the Prieft- 
 hood with its Power, in order to fupport the Honour of God, and if the Prieft- 
 hood, in return, tie and unite the Affedtion of the People to the Obedience of the 
 Prince, the whole State will flourifli and be happy ; but on the contrary, if thefe 
 two Powers difagree with one another, fb as that the Priefthood, by exceeding the 
 Limits of its Spiritual Power, fhould incroach upon the Political Government, or 
 if the latter, by turning againft God that Power which he has put into its Hands, 
 fhould intrench upon the Priefthood, all will go into Confiifion and Ruin ; of 
 which the many Diforders which have happen'd on that account in this our King- 
 dom are flagrant Teftimonies. 
 
 I N treating of the Ufe and Authority, which as well the Roman Laws, as 
 the Ecclefiafticai Statutes, and the Laws of other Nations, had in thefe our Pro- 
 
 \'inces.
 
 The Introduction. iii 
 
 vinces, u-e have fpar'd neither Labour nor Pains ^ and, perhaps, my having dwelt 
 ib much on that Fart of the Work, will difcover my Profeflion, and prove me to 
 be more a Lawyer than a Politician. This Part truly wanted to be well explain'd 
 among US; feeing that in all Places, and at all Times, the Pradlice and Authority 
 of the KovLvi Laws were not the fame ; fo that our 1 .awyers having negleded this 
 moft valuable Part, and likewifc that of the Originc and Ufe of the other Laws 
 that have been introduc'd into our Kingdom hv foreign Nations, has been the 
 chief Occafion of their haxing fluffed their Volumes with grofs and ftupid Errors; 
 which fhews us clearly, how much better it is for a Man to toil himfelf in fearch- 
 jng after the various Fortune and Chance of the Romm Laws, and of thofe of his 
 own at home, than to go wandering up and down doubtful, and with little Cer- 
 tainty, in a foreign Country. Forafmuch as, altho' it be in the Power of one 
 I\Ian to colled: the Hiftory of the Rife and Progrefs of Learning in other Pro- 
 feflions, and of its various Succefs over all the Parts of Europe, in which we have 
 feen fbme now and then who have fucceeded ; neverthelefs, as to the Jurifpru- 
 dence, which often changes its Shapes on the Change of Princes and Nations, it is 
 not r.n Undertaking that can be perform'd by one Man, but ought to be divided 
 amor.gft many, each of whom muft fet about to treat of the Ufe, Authority, and 
 the various Changes that have happen'd in his own Country. So we perceive, that 
 a Sort of a Hiflory of the Roman Jurifprudence has been compil'd by fome ex- 
 cellent Writers ; neverthelefs they have all laboured to make it clear and evident 
 in relating its Origine and Progrefs in the Times when the Roman Empire had its 
 Rife, Growth, and when it came to the highefl Pitch of Grandeur ; but its va- 
 rious Turns of Fortune, when the Empire began afterwards to fall from its Glory, 
 its Declenfion, Extindlion, and Rcftauration, the Ufe and Authority that it had in 
 tfie new Dominions eflablifh'd in Europe after the Inundations of fb many Nations 
 when by the new Laws it was in a manner extindt, and when, being reftor'd it 
 cclips'd thefe, cannot furely be exadly defcrib'd by any one Man in the whole 
 World. Therefore it was well advis'd of fome noble Genius's, who, after having 
 given a Specimen of general things in their own Kingdom or Province, f^t Bounds 
 to themfelves, beyond which they feldom or never went. 
 
 A BRITO N, feparated from the reft of the World, thinking that others had 
 confin'd the Reach of human Underftanding to too narrow a Compafs, fhew'd that 
 he had Courage enough for fo great an Undertaking. This was the famous Arthur 
 Duck ', who would not confine himfelf to his own Country of England, but went 
 in Search of the Ufe and Authority of the Roman Laws in the new Dominions of 
 Chriftian Princes, as well to the neighbouring as the remoter Countries ; He made 
 diligent Inquiry after them, for Example, in the neighbouring Dominions of Scotland 
 and Ireland ; he went over to France and Spain ; to Germany, Italy ; and alfo came 
 to our Kingdom ; befides, he travell'd &shr as Poland, Bohemia, Hungary, Den- 
 mark, S\zedeland, and to flill remoter Parts. But even this Work, tho' very fa- 
 mous, has clearly demonftrated to the World, that this Undertaking was not to be 
 perform'd by one Man ; feeing that altho' by his great Care, and Travelling into 
 diverfe Parts of Etirope, fuch as France, Germany, and Italy, he has been able, in 
 a great meafure, to remove the many Difficulties in the Profecution of his Un- 
 dertaking ; neverthelefs the Event has demonftrated, that tho' he may have per- 
 form'd it exatftly in England, Scotland, Ireland, and in fome Countries not far di- 
 ftant from them ; yet in other Parts, and efpecially in our Kingdom, we fee that 
 he has demean'd himfelf like a Stranger ; and, by following the common Guides, 
 falls into many Blunders, having only furnifh'd us a very flight Account of the 
 Pradice and Authority both of the Roman, and thofe Laws of our own that have 
 been introduc'd by the different Princes who have govern'd us. Neither has his 
 Ingenuity allow'd him to diffemble it in the Conciufion of his Book ; expeding to 
 be pardon'd by Strangers, if in treating about their Laws and Cuftoms he has 
 been fo fparing ; and he confeffes, that he had no other Defign, than to incite the 
 Lawyers of other Countries, that, by followmg his Example, they might do in their 
 own Countries, or Provinces, what he had done with relation to England. A little 
 before Arthur Duck, fome Writers on this Subjed:, without much Travelling, confin'd 
 themfelves to their own Countries. Innoccntius Cirontus % Chancellor of 1'boukufe, 
 
 A. Duck, De Ufu & Authoritate Jur.Civ. I ' Ciron. Obfervac. Jur. Can. fib. f. 
 Rom. m DominiisPrincipum Chriflianorum I 
 
 made
 
 iv The Introduction. 
 
 made a Tour through France only, yet very fuperficially : But Alteferra ' made a 
 more exad: and diftindt Search in the Province where he was born, to wit, Aqui- 
 tmiia : And Joannes Cofta, an Excellent ProfelTor in Tboitloafe, promis'd to do the 
 fame, with the greateft Exadnefs, over all the Kingdom of Fnrnce ; but this great 
 AVork, which was impatiently expected by Cironius % by Aythtir Duck 3, and all 
 other learned Men, hath never been publifh'd to this Day, that we l!now of Jo- 
 an7ies Dcvjat •* did the fame fmce, without going out of France ; and fbmerimes it 
 has fallen out, that fome, by having been too curious in the icarching after the 
 Laws of other Nations, have negleded what was moft valuable in their own, and 
 thereby have fallen into a thoufand Miftakes. 
 
 CEKMAK7' wants not its own Hiflorian on this Subjedl. Hermanns Coringius 
 ' compiled a Treatife concerning the Origine and various Fortune of the Roman and 
 German Laws, of which Georgiv.s Pafqnins * makes honourable mention ; and in 
 our Time Burcardus Strniius ' has compiled another more difFufive, wherein he 
 mentions other Authors, who have done the fame with relpedl to Germany. 
 
 HOLLAND has its own Hiftorian, and Joannes Voetiiis compos'd a Book intitled, 
 De Ufu Juris Cn^i/is, ^ Canonici in Belgio Unito. 
 
 A S for Spain^we have Michael Molhius, who wrote fuch another for the Kingdom 
 of Aragon. Joannes Ludo-victis Cortes wTote the Hiftory Juris Hifpamci ; and Ge- 
 rardiis Erncftits de Frankenan, has inlarg'd more than any other on that Suljjed *. 
 Swedeland, Denmark^ Norivay and other Northern Provinces, have alfo their Hifto- 
 rians on the fame Subjed:. Neither are there wanting fuch in Ibme Parts of our 
 Italy, as in Milan, Francifcus Grajfus, » and in other Countries likewife of the 
 lame. 
 
 \\ HAT others have done for the Glory of their refpedtive Countries, hath 
 always been negleded in our Kingdom only : Neither truly can we exped to fee it 
 fupply'd. \\ hat a ftrange thing it is, that in {o large a Kingdom, and produdlive 
 of fo many great Genius's, which the Works they have publifh'd tcftify, and wherein 
 they have fhew'd that they had no other Study more at Heart, than that of the 
 Laws, yet for all that, have negledted fo noble and renowned a Subjed : Becaule 
 an exadl Hiftory of the Ufe and Authority that the Roman Laws had in our King- 
 dom, and of the various Fate of the other Laws that from Time to Time were 
 bv different Nations introduced into it, by which the former were cclips'd, and 
 how being afterwards reftor'd, they recover'd their ancient Splendor and Authority, 
 and are in the State we fee them at prefent ; ought truly to be what we fhould moft 
 defire, not for flight and vain, but for grave and moft important Reafons : Not 
 that we ought to be anxious in diving into the various Turns they have undergone ; 
 nor bv fb doing, that we may add to their Luftre, nor out of dftentation of rare 
 and uncommon Erudition ; but for more weighty Reafons ; which are, becaufe 
 from an exad Knowledge of what we have propos'd, befides the Improvement of 
 Wildom, by the Ufe of the Laws, and a right Judgment, we may form the Idea of 
 a moft excellent Government ; for, by obferving in Hiftory the Difturbances and 
 Commotions in Civil Matters, the Vices and the Virtues, and their various VicifH- 
 tudes, we fhall be beft able to diftinguifh which is the true, and to choofe the 
 beft. 
 
 BUT efpecially upon that, in a great meafure, depends the clearing of the Laws 
 of our own Country, and of our Inftitutions and Cuftoms ; which Matters have 
 been fo coarfely treated of by our Writers, and fo ftrangely explain'd to us, and 
 often without comprehending the Senfe of them, for no other Reafon, but becaufe 
 they were ignorant of the Hiftory of the Times, of their Authors, of the Occafions 
 of their being eftablifh'd, and ignorant of the Ufe and Authority of the Roman 
 Laws, and thofe of the Longobards ; therefore they fell into the many Errors, 
 Puerilities and ufelefs Things with which their Volumes are ftuff'd ; and they were 
 fo blinded with Ignorance, that they valued themfelves upon being only Profeffors 
 of Law, and not Hiftorians • not being fenfible, that by their not being Hiftorians, 
 they were but wretched Profeffors of Law, and render 'd themfelves defpicable, 
 as well to Strangers, as to many of their own Countrymen. How many grofs Errors 
 
 ' AUef. Rcrum Aquitanix, lib. 5. 
 
 * Ciron. lib. f. Obfer. Jur. Can. cap. 6 8c 7. 
 
 ' Arthur, lib. 2. cap. f. num. 45. 
 
 " Dovjat. Hift. Jur. Civ. 
 
 ' Herm. Coring, de Origiie juris Germanic!. 
 
 " Georg. Pafq. de Novis Invent. 
 
 ' Struv. Hift. jur. German, cap. 6. 
 
 ' V. Struv. inProlegom. ad Hift. jur. §. 28. 
 
 ' Franc. Craft", in Libello de Orig. jur. Mediol. 
 
 through
 
 The Introduction. v 
 
 through Ignorance of Hiilory, did Caroltis Molineus ' Jay to tlie Charge not only of 
 Baldus, but likewife of our yludrca d'l/eriiia ? And how much were our Writers 
 defpis'd on that account by others ? How much was Nicholas Boerins laugh'd at, who 
 wrote, that the Lcngobards were certain Kings that came to us irom Sardinia^ as 
 alio Mattb. de AfflUt. and many others^ 
 
 ADD to this likewife, the great Advantage the Knowledge of Hiftory is of to 
 the Pracftice of our Courts and Tribunals, and even to publick Pleadings: For 
 which wc can produce no better ii.vidence in thefe Times, than the Cardinal £;;'£' Luca, 
 who had been a famous Advocate in Rouie, and a moft accomplifhcd Barrifter, who 
 in almoft all his numerous Diicourfes, whence fb many Volumes were compiled, 
 and from long Experience, has demonftrated in a Thouland Places ', that the nu 
 merous Blunders of our Writers are owing to nothing elle but the Ignorance of 
 the I,aw-Hiftory ; fo that he recommends nothing fb much, both to Judges 
 and Advocates, as the exadt Knowledge of it, without which. Blunders and 
 Stupidity are inevitable. But among our Writers none have made this 'I'ruth 
 more evident, than that greateit Ornament of our Tribunals, the incomparable 
 Francifciis d' Audreys^ who in that learned Feudal Difputation ^, which he pub- 
 lifh'd, has fully demonftrated, that by no other means, than this of Hiftory, was 
 it poiriblc to remove the Difficulties into which our Writers had involv'd that Matter ^ 
 which had occafion'd their committing a thoufand Miftakes. And this ought to be 
 a Warning to all, how much the Knowledge of the Law-Hiftory is neceffary in all 
 Pleadings at the Bar : Whereof this learned Man, as far as his Purpofe would bear, 
 has given us an excellent Intimation. And truly it has been our Misfortune, that 
 he did not attempt to do for our Country, what other Writers have done for theirs ^ 
 for then certainly, we fhould not have had occafion to lament fuch a Want at this 
 Day. For what could we not have expedled from the Strength of his divine Genius, 
 from his great Skill in the Laws, in Hiftory, and from his Erudition ; from his 
 wonderful Eloquence, unwearied Application and Accuracy ? Neither, in my 
 Opinion, are fewer Endowments required for accomplifhing fuch an Undertaking, 
 which, when fhar'd out amongft many, create Admiration, and yet, were moft 
 furprizingly center'd in him alone. 
 
 WEIGHTY then, and perhaps fuperior to my weak Abilities, is the Task 
 that I have undertaken j and fo much the more weighty, that I have declared it 
 impradtlcable to treat of the Law-Hiftory to any purpofe, without joining at the 
 fame time the Civil with it, which I have done, by treating of the Polity of this 
 Kingdom together with its Laws ; the Hiftory of which could not have been per- 
 fedly underftood, if at the lame time we had not ftiewn from whence they Iprung, 
 and what Difpofition and Form thcfe Provinces had that were govern'd liy them. 
 And thence it hath happen'd, that by attributing their Changes to the Ecclefiaftical 
 Statutes, which afterwards were call'd Canonical Laws, this Work of mine has 
 become a great Attempt, whereby I have involv'd myfelf into many Difficulties, 
 out of which it will be hard to extricate myfelf: Therefore, I was many times 
 tempted to give it over, forafmuch as confidering v/ith myfelf the Difficulty of the 
 Undertaking, the Buftle of the Courts of Jufticethat diverted mc from it, and much 
 more being confcious of my weak Capacity, I thought, that not only all my Endea- 
 vours would be to no purpofe, but likewife, that 1 fhould be accus'd of too great 
 Affurance; whereupon, beingterrified at fo many Difficulties, I banifh'd all thoughts 
 of profecuting it, by referving the Task to a more fit Opportunity, and w hen I 
 fhould be at more leifure. 
 
 BESIDES, from my Youth I had heard, that P. Parthenitts Ciaiwettiifiis, in the Soli- 
 tudes o( Surrent urn, freed from all worldly Cares, with great Helps, and a huge .-//'/).■?- 
 ratus, had undertaken to write the Neapolitan Hiftory ^ and altho' my Defign was 
 quite different from his, neverthelefs both of us, tho' with different Aims, dcfigning 
 to treat of the fame Subjedi I apprehended that he, by prying more narrowly, 
 might deprive me of the Novelty of many Things which 1 had obferv'd, and per- 
 haps, might fearch more nicely into others, than I was able to do, who wanted 
 
 ' MoJin. in Comment, ad Confuet. Parif. part. 
 I . tir. I. num. 91 & (,6. 
 
 Card de Luca de fcrvit. Difc. i. De ju- 
 diciis Difc. Zf. Dc regularib. Difc. 161. ii> 
 
 Mifcellanies, ec alibi fspe. 
 
 ^ Franc, de Andrcyi Difp. an fratrcs in feuda 
 nofcri Rei;. Succed. &c. 
 
 fo
 
 vi ^he Introduction. 
 
 fo many Helps, and lb much Leifure : And this contributed to incline me to lay afide 
 the Undertaking. 
 
 BUT being on the other liand exceedingly encourag'd by feveral Pcrfbns of the 
 moft exalted Genius, I went on in profecuting the Work, with a Defign, that it 
 fhould only fervc for m)'lblf and the Curious ; amongft whom there wanted not 
 fbme, who, befidcs approving of the Matter, and pufhing me on to profecute it, 
 with very prevailing Arguments, accus'd me of Pufilanimity ; whereupon I took 
 courage, and became more bold ; efpccially as I refleded. That this Work, what- 
 ever it might prove, was not to be expos'd to all the World ; nor to go beyond the 
 Limits of this Kingdom ; feeing it was only defign'd for the Perulal of Perlbns 
 curious in our Affairs; and that if it fhould ever be of any Advantage, it was we 
 ourfelves that were to reap it. But what mofl of all embolden'd me, was, The 
 favourable Affurance of thofe who are imploy'd in the Magiflracy and at the Bar (of 
 whofe Kindnefs and Friendfhip towards me, I had had long Experience) That this 
 my Eflay would not be rcckon'd Impudent, and whatever Defedl they might find 
 in' it, they would rather excufe and bear with it, than blame and defpiie it. 
 
 But whilft I, ftimulated by fo many Motives, was profecuting the Undertaking, 
 behold, when I fcarcely came to the tenth Book of the Work, the folong expected 
 Hiftory of Naples was publifh'd in the Year 171 3. in Latin, by the aforefaid famous 
 learned Man. I read it immediately, and, quite contrary to my Expedation, it 
 cannot be exprefs'd, how much more bold it made me in the ProfecutioOi when I 
 found, that this able Man had had little other Defign, than to tranflate into good 
 Latin the Hiflory of Siinmonte, for - the Benefit of thofe who do not ptrfeftly un- 
 derftand our Italian Language. 
 
 THEREFORE this Fear being over, lean now boldly promife thofe, who 
 will undergo the Trouble of reading this Hiflory, that I prefent them one altoge- 
 ther new, and as yet never attempted by any other Perfon. 
 
 MOREOVER, I have endeavour'd to fupport all that I have related, with 
 the Authority of Men mofl worthy of Credit, and who were either Cotemporaries 
 with the Events that are treated of, or mofl exad: Searchers of our Records. My 
 Style fhall be altogether plain and fimple, being willing that my Talents, few and 
 weak as they are, fhould be all employ'd in Matter rather than Words, by direding 
 my Reader to the Search of Truth alone ; and 1 was willing likewife, that its Clear- 
 nefs fhould depend much more on a right Connexion of E\'ents with their Caules, 
 than on Phrafes of Speech, or the over-nice Ranging of Words. And as I was un- 
 willing to arrogate to myfelf fo much Authority as to think that my fingle Narration 
 ought to be credited, I have added in the Margin the Authors that liv'd neareft 
 the Time of the Events treated of; or at leafl thofe who are the mofl exadl and 
 careful ; and all that was not fupported with lawful Vouchers, I have excepted 
 againfl as fabulous, or pafs'd it over as doubtful. 
 
 I A M not fo ignorant of the Laws of Hiflory as not to perceive, that fometimes 
 I have not carefully obferv'd them ; and that, perhaps, by my having been at too 
 much Pains in fearching into many Things of little Moment, I may have fometimes 
 derogated from them ; and that often by deriving Things from too remote Principles, 
 I may have too much deviated from the Defign of the Work. But I likewife know, 
 that all Subjeds cannot be fitted to the fame Rules, and that mine being concerning 
 the Polity and Civil State of this Kingdom and its Laws, as the Matter was quite 
 different, fo likewife it behov'd me to make ufe of a different Method ; and as I pre- 
 tend that it may be of fome Advantage, even to our Affairs before the Courts of 
 Juflice, it will not be imputed as a Fault in me, if by defcending to the mofl minute 
 Things, I may, perhaps, in fome meafure have leffen'd the Gravity of it, becaufe 
 our Profeffors, for whom it is chiefly intended, and efpecially what concerns the 
 Law-Hiflory, cannot read it without reaping Ibme Advantage by it i On the con- 
 trary, fome things would have perhaps required a more flridl and narrow Examina- 
 tion, 'but not being intirely Matler of my Time, I fhould never have ended. And 
 my having fometimes inlarg'd upon the Principles of Things, was, becaufe Events 
 could not'otherwife be diflindlly connedcd with their Caufes ; which befides Know- 
 ledge, carries along with it Perfpicuity ; as will be perceiv'd in the Courfe of this 
 Hiftory. 
 
 BUT 
 t
 
 The Introduction. vii 
 
 BUT upon what more {olid Foundations could I build the Civil Hiftory of our 
 Kingdom than by beginning with the Romans^ to whom, as we may fay, the Art 
 of Government and making Laws was peculiar, when thefe our Provinces had 
 the Fate to be long govern'd by them ? For which end, in the Firft Book, before 
 we come to the Time oiConflautine the Great, which Ihall be the Beginning of our 
 Hiftory, we fhall give, by way of apparatus, a Specimen of the Form and Difpo- 
 fition of the Roman Empire, and of its Laws : Of the Favour of the Princes to 
 which they ow'd their Glory : Of the Wifdom of their Conftitution : Of the Prudence 
 of the Lawyers i and of the two moft famous Acadamies of the World, the one of 
 Rome in the Weft, the other of Berytis in the Eaft : Seeing the Decay and many 
 Revolutions and Changes of the Civil State of our Provinces, which happen'd 
 afterwards, when Conftantine was pleafed to tranflate the Seat of the Empire to 
 Co7ijlantimple^ and of one, to make two Empires, may be more clearly delcrib'd, 
 by a fuccinft Account of their flourilhing State, as well with refpeft to what belong'd 
 to their Polity as their Laws, in the Times preceding that Prince. 
 
 THE
 
 C' ] 
 
 THE 
 
 CIVIL HISTORY 
 
 Of the Kingdom of 
 
 NAPLES 
 
 BOOK I. 
 
 
 HAT large and potent Part of Italy, which now is call'd 
 the Kingdom of Naples, being furrounded both by the 
 Upper and Lower Seas, has no other inland Limit but 
 the Eftate of the Church of Koine ; when, by the victo- 
 rious Arms of the People of Rome, it was happily join'd 
 to their Empire, had a Form of Government very dif- 
 ferent from that which it had afterwards in the Times of 
 the Roman Emperors. When it came under the Dominion 
 of the Kings of Italy it got a new Polity. It fuffer'd other 
 Changes under the Emperors of the Eaflr. And it under- 
 went many more ftrange Alterations, when by various 
 Fortune it pafs'd from one People to another. : At lafh it came under the moft auguft 
 Family of A'.ftrUi. 
 
 DURING the Time of the Free Commonwealth it was not divided into 
 Provinces, as it was afterwards ^ neither had it any other Laws but the Roman. 
 The different People who inhabited it, took from, or gave Names to the different 
 Regiones into which it was divided ; and the Cities of each R(]gio, according as they 
 kept in Fricndfliip with, and were faithful to the People of Rome, receiv'd hard or mild 
 Ufage as they deftrv'd. They had no occafion to look out lor a better Form of Govern- 
 ment than that which the provident Rrjw.7?/5 had intruduc'd in thofe early Time.'), the 
 Art pf Government being peculiar to them, for which they were remarkable abo\ e 
 all other Nations in the World ; as the incomparable T/'-^// teftifies, ' who after 
 
 V'irg. JEuc'id. lib. 6. v. Sji 
 
 Tu revere Tmpriio pnpulos Romane memento ; 
 Hx tibi crunr arccs, &c. 
 
 D 
 
 having
 
 2 The Civil History of Book I. 
 
 having given to each Nation the Praife for thofe Arts in which they were mofl: 
 famous, prefers the Romans alone for the Art of Go\ ernment to ail other Nations : 
 By which Koine gain'd more Renown than it did by its Conquefts^ for if we have 
 regard only to the Extent of its Empire, the Ajfyriaus may, in Ibme mcafure, boaft 
 of theirs acquir'd by Nnms ; the Medcs and the Per/tans of theirs by Cyras ; and the 
 Grecians of theirs founded by Alexander the Great. The Conquefts of the ^iirks 
 were not inferior to thofe of the Romans, and under the famous Emperors 
 Mahomet II. and Sclimnn, their Empire was nothing lels ' ; and even the Spaniards.^ 
 with more reafon may brag of that of the moft fercne Kings of Spam ; being greater, 
 if we confider the Largenefs of its Extent, which is fuch as the World never faw the 
 like before ^ And how excellent and incomparable foever the Wifdom of their 
 Councils was, the Intrepidity of their Minds, their Virtues, and the Succefs 
 wherewith all their Undertakings were crown'd j yet the Opinion of the 
 World, and of the graveft Writers % who have look'd upon all their Expeditions as 
 unjuft, and their Wars often carried on and fupported without any reafbnable Caufe, 
 has very much lefTen'd their Reputation, and the Glory of their Arms. The 
 moft famous Writers in the World ha\e tir'd thcmfelves purely in extolling the 
 Wifdom of their Government, and the Juftice of their Laws,^ for which alone they 
 have defervedly been renown'd above all other Nations. A mofl evident Argument 
 of which we fee. That although their Empire be long ago ruin'd and extindt, yet 
 the Authority and Ufe of their Laws are continued in the new Dominions founded 
 in Europe ; for which, no other Realbn can be given, but that the Roman Laws 
 were fram'd with fb much Judgment and WilHom, as to diffufe and propagate 
 themfelves in all Parts of the World, not fo much by the Power of their Empire, 
 nor becaufe, by the Law of Nations, the Vanqui(h'd w'cre always fubjedled to the 
 Laws of the Viftorious, as that thofe who were fubjedted were fenfible of the 
 Advantage they receiv'd from their mild and jufl Government. Whence it was, 
 that the moft remote and barbarous Nations of their own Free- Will receiv'd their 
 Laws, having the Prudence and Juftice of them to comfort them in their Servitude. 
 Thus Cxfar while he tf iumph'd over Euphrates, and fubjedled thefe Countries to his 
 Empire, being victorious, gave Laws to thefe People, but Pcpiilo Volenti *. Neither 
 did they ftand in need of lefs than the Wifdom of their Government, and the 
 Juftice of their Laws, for begetting, amongft fo many different and diftant Nations, 
 that Tradtablenefs and Mildnefs of Manners which Libannis ' exaggerates in thoie 
 who lived according to the Inftitutions and Laws of the Romans ; and that Concord, 
 and Bond of compleat Civil Society which Priidenthts defcribes to us * amongfl 
 thofe who were in Subjeftion to them. So there are not wanting fome very grave 
 Writers ', amongft whom we muft not forget Aiigufiine % who believ'd that it was 
 by Divine Pronjtdence the Romans conquer'd the World ; that by their Govern- 
 ment, which was the higheft Pitch of Wifdom and Juftice, the Manners and Savage- 
 nefs of fb many Nations might be render'd more tradable and mild ; to the end that 
 ]\Iankind might be the more eafily difpos'd to receive that Religion, which was at 
 laft defign'd for the Overthrow oi Paganifm ; and being eftablifh'd upon more folid 
 Foundations, was to inlighten the Earth and bring it to a true Faith : Wherefore, 
 as a Reward of their Juftice, the Empire of the World had been beftow'd upon 
 them. The Emperors Dioclefian and Maximinian in one of their Edidts which we 
 read in the Gregorian Code, left us this very grave Encomium on the Roman Laws : 
 Nihil nifi fan£litm, ac venerahile nojlra jura cufiodiunt : Et ita ad tantam magnitiidijiem 
 Romana viajejias ctmSlorum Numinum favore pervenit : ^loniam omnes fiias leges 
 religione fapienti, pndorifque obfervatione de'vinxit^. For which Caufe it was, that 
 the Nations of Europe efteem'd them not as the Laws of one fingle People, but as 
 Univerfal and Common to all Nations ; and that Princes and Commonwealths 
 ftrove to frame their Dominions after their Model, fo that it feems at this Time, as 
 
 ' Bodin. de Repub. lib. i. cap. 2. Scipio 
 Ammlrat. in his Opufc. difc. 8. 
 
 '- Bodin. dc Rep. lib. 2. cap. 2. Lypfius Ad- 
 miranda Urbis Roms, lib. i . cap. ;. in fine. 
 
 ' Cyprian, lib. dc Idolor. vanlt Minut. Felix 
 in Dialog. Oftavius. Arnobus advcr. gcntcs, 
 lib. 8. Hicronym. in Com. ad cap. 2. Dan. 
 Laft. lib. Divin. Inftitut. cap. i3. Auguftin. 
 lib, 4. De Civitat. Dei, cap. 4 8c6. 
 
 * Virgil. Georg. lib. 4. v. y5i. Viftorqj 
 
 Volentes, per Pnpulos dat jura. 
 
 ' Libanius in Panegyi"- Julian. Cof. 
 
 ■^ Prudent, lib. 2. contra Symmach. 
 
 ' Zonaias ad Canon. 5c Conftitut. Apoftol. 
 lib. 7. cap. 27. 
 
 " Auguft. lib. f. cap. 12. & if. de Civit. Dei. 
 
 ' Lib. f. C. Greg. tit. de nupt. 
 
 if
 
 Book I. 
 
 the Kingdom of NAPLES. 
 
 3 
 
 if the Chriftian H'orld was guided and govern'd by their Rule ; whence it is, that in 
 all well inftitutcd Academics they are publickly taught for that end. 
 
 'Tis true, it will appear very f iirprizing to any one who confidersthc Succefsof the 
 Arms of the People oiKome, that in (b (hort a Time they fhould be able to extend 
 their Empire over ib many and diftant Provinces. Neither can it be mention'd 
 without Aftonifhmcnt, that in the Infancy of their Government, and while they 
 were wreftling with their Neighbours, they fhould fo fbon overcome them ; that 
 foon after having fubdu'd l!a')\ even before they were fully grown up, they fhould 
 be in a Condition to conquer the mofl remote Countries. They took Sicily^ Sar- 
 dinia^ and Corjica^ and afterwards advanc'd into the large Countries of Spain ; and 
 being now arriv'd at their Manhood, and become powerful, they fubjedied Mace- 
 duiiiii, Greece, Syria, Gallia, Afia, Africa, Britain, Egypt, Dacia, Armenia, Ara- 
 bia ; and laflly, the furtheft Pro\inces of the Eaft: : So that at lafl, being opprefs'd 
 with the great Weight offichan excefUvc Bulk, they were oblig'd to give way, 
 and fink under the Burthen. 
 
 BUT, perhaps, the Method and Moderation which was pradlis'd wath refpedt 
 to the People they vanquifh'd and overcame, ought to feem a Thing more wonder- 
 ful and worthy of greater Commendation ; and their not following the Example of the 
 Atkenians and Lacedemonians, by whom all were treated as Aliens, in governing 
 them with too much Severity : Conditions were granted them fevere or mild, accord- 
 ing as either their Fidelity and Friendfhip, or their Obftinacy and Frowardnefs had 
 deferv'd. Some People, lays Flacctis ', obftinately made War againfl the Romans. 
 Others having Experience of their Fidelity and Juftice, kept themfelves in continual 
 Peace. Some others knowing their Virtue, yielded to them of their own accord, 
 and united with them, and frequently carried Arms againfl their Enemies ; whence 
 it was neceffarv, that according to the Deferts of each Nation they were to receive 
 Laws and Conditions, becaufe it would have been unjufl to have treated the People 
 that were faithful, upon the fame Foot with thofe who fb often had broke their Faith 
 and Oaths, by taking up Arms againfl the People of Rome. For which caufe Italy 
 was govern'd with Conditions different from the other Pro^•inces of the Empire. 
 Whence it came to pafs, that in the Cities of Italy themfelves were introduc'd thefe 
 different Orders, and thefe various Pri\ileges of Roman Citizens, fuch as Municipia 
 Latinitas, Prxfe&ura, and agitates Fo^derata ; whence likewife it came to pafs, 
 that having made themfelves Maflers of fb many and fb remote Provinces, they 
 ver)' prudently ordain'd fome to be VeiJiga'es, fbme Stipendiarix or ^ril;t!tarix, 
 others Proconfulares, and others Frcejidiales. 
 
 c^i^-^jKag-, 
 
 CHAP. I. 
 
 Of the State of the Cities of ITALY. 
 
 H E Romans having driven away their Kings, refblv'd to get rid of all 
 Sorts of Defpotick Government, to enjoy a perfed Liberty, as well in 
 their Pcrfons as Eftates : And as they would fubmit to no King nor 
 Monarch, neither would they depend upon any other Magiftrate, who 
 claim'd an arbitrary Dominion over them ; this they called Jus Lihcrtatis, by 
 which they referv'd to themfelves the Power of condemning a Ro;;w« Citizen, cither 
 to Capital or Corporal Punifhment : And 'tis to be believ'd, that they likewife 
 would have had no Magiflrates, if they had been able to fubfift without them ; 
 
 Siculus Flaccus dc condit. Ajror. in Princ 
 
 fo
 
 4 The Civil H i s t o p- y o( Book 1 . 
 
 lb much did they abhor arbitrary Dominion, bccaufe Ibmc of their Kings had 
 made a tyrannical Uie of their Power. It was the Privilege of the Roiii.^n Citizens 
 to be number'd amongft the Tribes and Centuries by the Cenfors ; to give their 
 Suffrages ; to be raifed to the prime Honours a:v.l fupreme Magiftracy ; to be ad- 
 mitted only into the Rrritaii Legions, partake of the military Offices, and the pub- 
 lick Treafury ; to en jo V only the paternal Power with rcfpect to their Children ', 
 the Jus Geiitil.'titn/i, of Adoption, of the T'c^.i, of Commerce, Oinmibmiiiy and 
 the other Privileges learnedly explain'd by Sigoniiis. - 
 
 AS to their Eftatcs, the Koiiians iikewife would have their Inheritances intirely 
 free, exempted from Seignory, and that they fiiould belong to the Proprietors 
 Optimo jure, or, as they call'd it, jure ^.iritiwn ; which oblig'd Bodintis to fay % 
 that Seignory was the Invention of barbarous Nations, not known to the Romans 
 with refpedt to their Perfbns or Eftates ; which is very true as to the Pcrlbns of 
 Roman Citizens, and thole who by Pri\ilege had become llich, and with Regard 
 to the Eftates in Italy : But, with refpccil; to thofe who were not Ron/an Citizens, 
 and conlequently had not that Title to Liberty peculiar to them j over their 
 Inheritances fituated out of Italy they acknowledg'd that Tenure, as we fhall fhew 
 by and by ; the jus ^ntrithnn not being allow'd to the Provincials for their Goods, 
 which was known by tliat old Divifion of theirs, Rcrummancipi, & mc mancipi. 
 
 THESE were the moft remarkable Privileges of Roman Citizens, to wit, of 
 thole who had the good Luck to be born in Rciiie, or in its Neighbourhood ^ and 
 accordingly ibme of them were granted out of Ipecial Love and Favour to other 
 Places of Italy ; whence the different Conditions of Mtinicipia, Colonic, Civitates 
 foederatce, and Pnefedurce. 
 
 THE Condition of the Mtmicipia was the moft defirable and honourable that 
 any City of Italy could have, particularly when the Privilege of Suffrage was like- 
 wife granted with it ; in which Cafe the Municipcs differ 'd little from the Citizens of 
 Rome themfelves, except only the being inrolled in the Curice, w hich was the Privi- 
 lege of native Romans ; and they were called Alunicipes aim Suffragh, to diftinguifh 
 them from thofe to whom fuch a Privilege was not granted, called therefore lilur.i- 
 cipes fine Siiffragio. They were alfb allow'd to chufe their own Magiftrates, and to 
 retain their own Laws, to diftinguifli them from the Colonix, who could have no 
 other Laws but the Roman. And whence it comes, that in our Time the particular 
 Laws of a Place or a City are called Municipal Laws ; which Prerogati\e, 
 either by the Permiflion or Connivance of the Prince, we (ee that many Cities of 
 thefe our Provinces do Itill retain *. 
 
 The Colonix were the next honourable. The Writers of all Ages cannot enough 
 extol the Inftitution of Romulus, afterwards {o frequently pradis'd by the Romans, 
 in fending new Inhabitants to the conqucr'd or wafte Countries, whom they called 
 Coloni : From which admirable Inftitution they drew many Advantages j the City 
 of Rome, which was opprcfs'd with the Multitude of Citizens, for the moft part 
 ufelefs and burthenlbme, thereby became eas'd ; the Citizens themfelves, who had 
 Fields aflign'd them in thefe Countries, were comforted, and had Convcniencies 
 of Life J and even the conquer 'd People had their Advantage in it, by their 
 Country's being more frequented, their Fields better cultivated, and all put in a 
 better Way of living, whence they became more Polite and Civil i and laftly, 
 the Roman Empire itlelf was better'd by it ; for luch a Law occafion'd nev/ Towns 
 and new Cities to be built, and render'd the conquer 'd Country more fccurc 
 to the Conqueror; and filled the wafte Places with Inhabitants, dilpcrs'd more con- 
 veniently in all Parts, who by living more at Eafe, multiply'd the more, and 
 were the more ready to defend themfelves, and offend their Enemies ; for a 
 Colony planted in a Country newly poffels'd, is like a Citadel and a Guard to keep 
 the Country in Awe. For thefe Reafbns the Colonix, as deriving all they had from the 
 City of Rome, differ'd from the Municipia, (which fupportcd themfelves, and were 
 protedted by their own Magiftrates and their own Laws) had nothing of their own, 
 but were oblig'd to obferve the Laws and Inftitntions of the People of Rome. 
 Which Condition, although it fcem'd lefs free, neverthelefs it was more defirable 
 and excellent, by Realbn of the Majcfty and Grandeur of the City of Kvme, of 
 
 ' Juftin. lib. I. Inftit. de Patr. pot. § jus 
 autem. 
 
 ^Sigon- de Antiq-jure Civium Rom cap. 6. 
 lib. I. 
 
 ' Bodin. dc Rep. lib. 2. cap. 2. 
 * Afflift. in Procin. Conftit. Regni, V'in. 
 lib. I. InAir. tit. T. 
 
 which 
 1
 
 Book I. 
 
 the Kingdom of NAPLES. 
 
 5 
 
 which thefe Colonies were ffnall Refembiances and Images : And by their being 
 fubiedted to the Laws of the People of Kowe, becaufe of their Excellency and 
 Ulefulnels, it was rather acquiring Liberty than Servitude: Belldcs tiiat, the parti- 
 cular and peculiar Laws of the Municipta^ as yl. Gcllius reports ', wxrcobfcurc and 
 out of Date, and being fo obliterated, they could not be made ufe of , but the 
 Adminiftration and Government of the Colonies were no orherwifc appointed than 
 that of the City oiKome itfelf i forafmuch as there were in Rome the People and the 
 Senate, lb in the Colonies there were the Plebeians and the Decurioues : '1 hefe were 
 the Refemblancc of the Senate, and thofe of the People. From among the Decti- 
 rtones every Year were eledled two or four, according to the Bignels or Smallnels 
 of the Colony, which were called Dtiumi'tn or ^tatuor-viri, who relembled the 
 Roman Confuls. They appointed an Aidilis^ who had Care of the AnmiKi^ the 
 publick Buildings, the Streets, and fuch like Things ; a ^ixftor, who had the 
 Charge of the publick Treafury ; and other leffer Magiftrates, after the Manner of 
 Rome. In fhort, they were in every Thing, as to Cuftoms, Laws, and Inftituti- 
 ons, the fame with the Romans themlelves ; and it feem'd to the new Inhabitants as 
 if they lived in Rome itfelf. It was Augitfius, who feeing the Colonies in Italy 
 increas'd to the Number of Twenty-eight, ordain'd, that they fhould not have an 
 independent Privilege of electing their Magiftrates out of their own Body, but 
 only allowed the Decuriones to give their Votes for what Magiftrates they would 
 have, which Votes they were to fend inclos'd and leal'd to Rome, where they were 
 chofen \ 
 
 BESIDES the Mmiicipia and the Colonix, there were likewife, before the Lalian 
 War, other Cities in /M/y which had Conditions more honourable and free: Thele 
 were the Civitates foedcratx ; lave Ibme Tribute which they paid to the Romans, 
 by the League and Confederacy agreed upon, in all other Things they were 
 reckon'd free. They had their own Form of a Republick, lived accordmg to their 
 own Laws, made their own Magiftrates, and many times prided themfelves in the 
 Title of the Senate and People. So from Livy we learn, that Capua in ancient 
 Times, when it was a confederated City, before it was reduced to a Prxfefiura, 
 was govern'd as a Republick, having Magiftrates, Senate and People, and its 
 own Laws. We read likewife of the '■Tarentini, that altho'they were fubdu'd, they 
 were left at their Liberty by the Romans : The Neapolitans, thofe o^Prxneftc ^ and 
 7'i'voli, and other People, were treated after the fame manner, as Polybius teftifies ", 
 whofe Cities were fb free, that it was allow'd to thofe who were condemn'd to 
 Banifhment, to take up their Abode in them, and fb to fulfil their Sentence. 
 
 IN the laft Place follow the Pi-afeffiirce. Without all doubt, amongft all 
 the Cities of Italy, the PrxfcSliirte were in the moft wretched Condition ; fince 
 thofe Cities which had been Ungrateful and Unthankful to the People of Rome by 
 renouncing their Allegiance, and being again reduc'd under their Power, were 
 punifh'd no otherwife than by making them Prxfeliurx ; as they were wont to fend 
 from Rome every Year Prxtores into the Provinces, fo to thofe Cities were fent 
 Prcefelfi, to whom the Adminiftration and Government of them were committed ; 
 wherefore they were call'd PrxfeSltirx. Their Citizens could neither ufe their 
 own Laws, as the Mimicipia ^ nor make their Magiftrates out of their own Body, 
 as the Colonix ; but were govern'd by Magiftrates fent them from Rome, and liv'd 
 under fuch Laws as they were pleas'd to impofe upon them. Capua was once in that 
 ftate, to wit, after the fecond Carthaginian War, and before it was changed into the 
 Form of a Colonial City. The Prcefidurx were likewife of two Sorts. Ten Cities^ 
 all fituated in this Kingdom, were govern'd by as many PrxfeHi, who were appointed 
 by the People of Rome, and fent to command them. Thefe were Capua, Cuma, 
 Cafilinum % Linternum, Pozzuolo, ylcerra, Siiejfula *, Atella, and Calatia '. The 
 Prcetor Urhanns was wont to fend Prxfcilt to the reft, and thefe were Fw/t//", 
 Formia % Cere, Venafrum, Altfa, Pipe mo, Anagnia, Frufdone, Re ate. Sat u mi a, 
 Ntirjia, and Arpinum. 
 
 ' A. Gell. lib. i6- noft. att. cap. i;. in fine. 
 
 ^ Suet. cap. 46. in Auguft. P. Carac. de Sacr. 
 Eccl. Neap, monum. cap. 6. beft. 1. 
 
 * Paleftrina. 
 
 ■* Polyb. lib. 6. Exulibus impiine degere 
 licet Ncapoli, TrsEnefte, Tibure ; item aliii in 
 
 urblbus, quibus hoc jure fccJu* iiirerccdit cum 
 Romanis. 
 
 ^ Caftelludo. 
 
 « Selfula. 
 
 ' Cajaxz.Ot 
 
 * Moll di Gaets. 
 
 B 
 
 ONCE
 
 The Civil History of 
 
 Book I. 
 
 ONCE the Number of the Civttates Fwderatx in Italy, was greater than that of 
 xht Colonic, the MtoiiapiiV, and t\\ePrxft^urx : But there have been many Changes 
 fince, one City pafling to the State of another, and that into the State of this. Thus 
 Capua^ from a Fwderata became a Prxfe[hira ; thereafter, in the Confulfhip of 
 C. Ccefar, was a Ofitds Colonia: Ciini<j, Acerra, Suefiila, Atella, Formia, Piperuo 
 and Anagnia, were firft Mimicipia, afterwards Cvlnnice, and Ibmetimes ahb Prxfefitirx. 
 Fundi, Cere and Arpniuin, once were Miinicipia ; Cafdmum, Vulttirnuni, Linternv.n:^ 
 Pozzuolo, Saturnia, were Colonix ; and Calatia, Venafrum, Ahfa, Frujiloue, Keatc, 
 and Nurjia, while the Liberty of the People of Ro)»e lafted, were always Prafe^nra. 
 
 BUT we ought not to proceed without obferving. That thofe various Degrees, 
 and different Conditions of the Cities of Italy, had all their Stability as long as the 
 Liberty of the People of Rome continu'd. For afterwards, not to mention that 
 Aitpiftus depriv'd many of the Ciz'itates Fwderatx of their Liberties which they had 
 made a wrong Ufe of ' ; by the Jnltan Law all Suffrages being made equal, and the 
 Freedom of the Roman Citizens being granted to all Italy, as afterwards by Antoninus 
 Puis, it was allow'd to the Provinces ; the Rights of the Municipix, Colontx, and 
 PrafeP.urx were abolifh'd, and thefe Titles began to be confounded, fo that ibme- 
 times Colonia was taken for Miaiicipium, and Miinicipitun for Colonia, and alio for 
 Prxfe^iira j whence, after the Julian Law all the Cities of Italy, to which the 'Jus 
 Suffragii was allow'd, might be call'd Municipta ; and Antoninus Pius made the 
 Condition not only of the Cities oi Italy, but of all Nations the lame; and Rome 
 was the common Country of all thofe who were fubjeft to its Empire '. 
 
 THESE were the various Conditions of the Cities of Italy. V^'& fhall now relate 
 thofe which the People of Rome granted to the Provinces out of Italy, whicli were 
 much the fame. 
 
 CHAP. II. 
 
 Of the State of the Provinces of the Empirf. 
 
 H E Lands of the Provinces continu'd fubjed to the Publick Seignory 
 of the Empire as formerly. The Romans having in the Space of Five 
 hundred Years fubjedked Italy, and carrj'ing their victorious Arms out 
 of it, fubdu'd to their Empire many vaft and immenle Countries, 
 which they divided into Regiones, but in the Form of Prcvinces ; the 
 firft were Sicilia, Sardinia, Corfica, the two Provinces oi Spain, Afia^ 
 Gallia Narbonenfis, the Balearian Iflands, Thracia, Numidia, Cyrene^ 
 v.<.....«, Bythinia, Creta, Pontus, Syria, Cyprus, and Gallia Tranfalpina. To which 
 Cxfat afterwards added Mauritania, Pannonia, Mejta, jEgyptus, Cappadocia, Br it an- 
 nia, Dacia, Armenia, Mefopotamia, AJfyria, and Arabia. 
 
 THE chief Conditions, and which were common to all thefe Provinces of the 
 Roman Empire, were, L That they were to obey the Roman Magiftrates; whence 
 it was, that from the various Titles of Magiftratcs fome were called Proconfular, 
 others Prxjidial. II. That they ftiould receive Laws of the Conqueror. III. That 
 they fhould be Tributary to him. But in laying on the Tribute there was great 
 Difference amongft them ; fince the Romans difpos'd of the Lands ' pofTefs'd by the 
 Enemy after this manner, fbme they Ibid, fome were given to the Veteran Soldiers, 
 others they left to the old PoflTefTors, either out of Favour or Friendfhip, or other 
 Reafons moving the Captain fo to do. Thofe from whom the Lands were not taken. 
 
 Grxcia, 
 Cilicia, 
 
 ' Tranquil, in Au 
 * L. Roma, D. 
 Excufat. 
 
 1 
 
 cap. 47. 
 municipialem, L. 6. D. 
 
 ' Flac. de condit. 
 Aquic lib j cap. i. 
 
 agr. Alteferra, Rerum 
 
 neither
 
 Book I. ^/j^ K I N G n o M 0/ N A P L E S. 7 
 
 neither in Whole nor in Part, were made Vecf/^ales, Stipcudiarii or Tributari- ; fcr 
 which Caufe fome Provinces were called VefliipJes^ others Stipendiarix and Tnl ti- 
 tjriie. The Vciiigales were thofe, which paid certain Tolls or Cuftoms for particular 
 Things agreed upon, fuch as Carriages, Vendible Things, Metals, .Salt, Pitch and 
 Tar, and fuch like 1 hings as are wont to be farm'd by Toll-gatherers. 1 he 
 Stipendhirine or ^ributarix were thole, which pa'd certain 1 axes or Tribute to the 
 People of Rowe i and although thefe two Words Stipemlium and T'yihittnn are con- 
 founded by Ulpuvius ', yet they were certainly different, fince Stipendnim was a 
 certain and ordinary Weight ; the I'rtbutum was uncertain and extraordinary, which 
 according to the Difference or NeceiTity of the Times and Things was impos'd ^ 
 
 I N this manner then, fome Provinces of the Kontan Empire were Ictfig.'j/es^ fuch 
 as ylfia^ Gallia Narboneufis^ and Aqititama j fome others were I'ributar'ix. Bu: as the 
 Conditions of the Cities of Italy were not always the fame, nor fix'd, and were 
 afterwards alter'd by Cxfar ; lb the State of the Provinces, as dcfpotick Power 
 began to creep in, and the Authority of the Emperors flill increafcd, likewife 
 chang'd their Conditions according to the Pleafure of the Princes. Tfius Afui was 
 Veitt^alis, until that Cxjar having overthrown Pnmpey, chang'd it into T'nbutaria 3. 
 Gallia from Ve6iigalis was made 1'ributaria by AtiguJ^iis^ and afterwards made free '». 
 And on the contrary, in the Times following, we fee, that Vefpafuui granted i\\cjus 
 Latit to Spain '. Kero likewife made all Grfcce free ; but rejpafian foon depriv'd it 
 of its Liberty, making it again Ve^igalts, and fubjeded it to the Kcman Magiftrates, 
 as having made a bad Ufe of its Liberty, according to Paitfanias *. 
 
 FINALLY, the other R/)w/.t;; Emperors, who coveted nothing more than by- 
 Degrees to bring the Roman Empire to a Monarchy, by taking from the Koinans 
 all their Privileges (as had been pradlis'd with refped: to the Cities oi Italy ^ which 
 by the Julian Law were all made equal to Rome J treated the provinces after the fame 
 manner: Whereupon the Emperor Antoninus ', not daring to take away thefe 
 Privileges openly from the People ofRowf, began to do it by a cunning Trick 
 of State, from all the Subjefts of the Empire, by giving the Freedom of Reman 
 Citizens to all the Provinces % in making all their Inhabitants Romans, in putting 
 them all upon a common Footing ; and, as St. Av.gv.jiine faid, very much to the 
 Purpofc ', Ac fi cjfet omnium quod erat ante pane or urn, which Rutilius Kumatianus 
 e xplains fo well in thefe his Verles '^ 
 
 AND a long time after, Jufiinian avowedly abolifh'd that Difference betwixt the 
 Lands of Italy and thofe of^the Provinces ; and in order to cancel all the Vefliges 
 and Footfteps of Popular Liberty, at lafl he iaid, that the Jus ^tirtttum was an 
 empty Name without Foundation". And he really took away all the Effedl of 
 it, when he abolifh'd the Difference rfn»« Mwc//)/, ^ nee Mancipi '^, and decreed, 
 That every Man was Mafter, and had the Difpofing of his own Goods. Thus on 
 the one Hand, the Romans were divefled of their Privileges i and on the other, 
 the People of the Provinces to whom the Freedom of Rome was granted, gain'd 
 nothing by it ; forafmuch as by Degrees, the being reputed a Rof?!an Citizen, 
 became at laft to be only a bare and vain Title of Honour ; fince by it they were 
 not exempted from paying Toll and Tribute, as St. Augufiine h'lmitK writeth '^r 
 Numquid enim illorum agri tributa non folnjiint ? So at the Time when their Empire 
 was far gone in its Decay, the Condition of the People of the Provinces was become 
 fb low and fervile, that being no longer able to endure their Bondage, and the 
 Tyranny of the Roman Officers, they went over willingly to the Goths and other 
 foreign Nations. Salviaftus, '" a Writer of thefe laft Times, v.ho flourifh'd in the 
 Reign of the Emperor Anafiajius, reports, That the People of the Provinces went 
 over frequently to the Goths, neither did they repent them of it, choofing rather, 
 under a kind of Captivity, to live Free, than under that ipeciousName of Liberty, 
 to be in reality Slaves ; fo that he fubjoins, Nomen Cii'itim Romaiiorum aliquando non 
 
 I 
 
 Ulpian. in L. Ager. D. de verb, oblig. 
 
 Akeferra rer. Aquit. lib. 3. cap. i. 
 
 Dlolib. 41. 
 ■* Akefcrra loc. cit. 
 ' Plin. lib. ;. cap. ; 
 ' Paufanias in Achaicis. 
 ' Roma U. ad Mun. 
 * L. in Orbe 17. D. de Statu horn. 
 » Auguftin. lib. f. de Civitat. Dei, cap. 17. 
 & in Plalm 53. 
 
 '" Rlitil. lib. r. iriner. 
 I'ccifti patriam diverfis gcntibus unam. 
 Profui: injuftis ce doniinai-.te, CApi, 
 Dumq; offers viftis proprii conl'ortia juris, 
 Url-cin fecifti, quod prius QrLis crar. 
 
 " Juftinian- in L. unic. C. dc jure Quirir. tol. 
 
 " L- uiiic. C. deufucap. 8c lublara Jiftercntia 
 rer. mancipi, & nee mancipi. 
 
 '* Auguft. loc. clc 
 
 '* Salvian. lib. 5-. de Gubcrnat 
 
 f.Utttl
 
 8 
 
 The Civil History of 
 
 Book I. 
 
 folum viagno tsjlimatim^ fed ma^}io eii/ptimi, mine ultro rcpudiatiir^ r.c fugitur ; nee 
 lile tav.tuiu^ fed etiam aboiniuabile peiie haheitir. And Orofiis ' and Ifdorns likewiie 
 teftify, that they chofe rather to li\e poor among the Goths, than rich among the 
 Romans, and bear the heavy Yoke of paying Iribute: Of which we (hall have 
 occafion in another Place to difcourfe more at large. 
 
 SUCH, and fo changeable were the Conditions of the Cities of Italy, and of the 
 Pro\inces of the Rowan Empire; but what Form of Polity, and what DiviCons the 
 Empire underwent until the Reign of Conjiantine the Great, for the better 
 Underftanding of what is to follow, 'tis neceffary we fhould briefly treat of here. 
 
 CHAP. III. 
 
 Of the Difpofition of the Empire under AUGUSTUS. 
 
 iLL Writers agree, That the Roman Empire, from its Beginning to its 
 Decay, had four DiviCons, and four Afped^s and Forms of a Common- 
 wealth, which were owing to as many Authors. We fhall fay nothing of 
 the firft, which had Romulus for its Author, as not conducing any way 
 to the prefent Hiftory, and too remote from us : But of the Second 
 eftablifli'd by Aiigiiflus, and of the Third which acknowledges Adrian for its Author, 
 'tis neceflary we fhould treat here fuccindtly j without the Knowledge of which the 
 Fourth could not be well underftood, which being introduc'd by Conjtanthie, was 
 afterwards re-eftablifh'd by 'Theodofiiis the Toimger, of which, in the Second Book, 
 as being its Place, we fhall treat. 
 
 ALL thefe Countries, which in the Space of 500 Years, were fubjeded to the 
 People of Rome, pafs'd under the general Name of Italy. But that had different 
 Extents, and various Bounds ; fmce formerly its Confines were the River Efo 
 from the Upper Sea, and the River Macro from the Lower ; but after the Galli 
 ScHones were fubdu'd, it reach'd to the Rubicon i and at laft, having all Gallia Cifal- 
 pina added to it, the Roots of the Alps became its Borders ; fo that its Limits 
 towards the Upper Sea were Iftria, the Caflle o( Pola, and the Ri\er Arfa: And 
 towards the Lower, the River Varo which divides Gallia Narboneufis from tiie Ligures^ 
 and for inland Boundary it had the Roots of the Alps. 
 
 I'J'AL T, according to this Extent, was divided by Cxfar Atigufius into eleven 
 Regiones % the Firft of which comprehended the old and new Lattum and Campania, 
 the'll. theP/cfH?;?;/ ; the III. the Lkc^;;/, t\\c Brutii, the Salcntini, and the P itgUef ; 
 the IV. the Ferentani, the Marrticini, the Peligni, the Marfi, the Veftini, the Sam- 
 nites, and the Sabini ; the V. Picenum ; the VI. Umbria ; the VII. Hetruria ; 
 the VIII. Gallia Cifpadana ; the IX. Liguria; the X. lenetia, Carni, Japygia, and 
 IJiria ; and the XI. Gallia I'ranfpadana. Thefe Regioncs, as we ha^'e faid above, 
 were govern'd by the Romans according to the \ arious Conditions of their Cities, 
 and receiv'd the Roman Laws, and were never divided into Provinces. 
 
 THOSE Places, and thofe large Countries, Italy being fubdu'd, which, by its 
 AfTiftance the People of Rome conquer 'd afterwards, were divided into Provinces. 
 The firft were Sicily, Sardinia, and Corfica ; whence it came, that Sicily, according 
 to this Defcription of the Empire, was reckon'd a Province out oi Italy; whence 
 Dio wrote, that Augtiftus having made an Edidl, that the Senators w ere not to go out 
 of Italy without the I.icencc of Cxfar, excepting to Sicily, or the Province of A^^rr- 
 bonne ; therefore it was neceffary to except thefe two Provinces in the Edidl, becaule 
 
 ' Orofius, lib. 
 yTZra 447. 
 
 7. cap. 28. Ifidorus in Chronic. 
 
 Plln. lib. 5. cap. j". CamlU. PeUegrin. in 
 
 Campania difc. 1 ■ num. 7. 
 
 otherwife
 
 Book I. ?/^? K I N G D o M 0/ N A P L E S. 9 
 
 otherwifc they would have been comprehended in it. Afterwards SpaiUy Afia^ 
 Etolia, Macedonia, Jllyr'tcim, Dalmatia, Africa^ Achaia, Grecia, Ciallia Narbonenjis^ 
 the Balearian I/lands, 7'bracia, Numidia, Cyrenaica, Ciltcta, Bythima, Creta^ 
 Poiitiis, Affyria, Cyprus, and Gallia I'ranfalpina were added. 
 
 I N the Time of the Free Rcpublick, the Government of thefe Provinces was 
 regularly given to Prcefides, who were fent to them from Rome. There were like- 
 wife Pro'vtncix Confulares, which were govern'd by Confuls or Proconfuls ; thefe 
 under Poiiipey and Cxfar, were Spaiv, the Gallia, Illyricum, and Dalmatia ; and 
 Ctlicia and Syria, were under Cicero and Bibulus Proconfuls. Others were Prxtorits, 
 to wit, I. Sicilid, II. Sardinia and Corfica, III. Africa and Numidia, IV. Macedo- 
 nia, Acbaia and Gracia, V. AJia, Lydia, Caria, Ionia and Myjia, VI. Ponttts and 
 Bythinia, VII. Creta, and VIII. Cyprus. 
 
 THERE were afterwards other Provinces added to the Empire by the Caefars^ 
 theft were Mauritania, Pannouia, Mefia, Africa, the Eaftern Provinces, Cappadocia, 
 Britannia, Armenia, Mefopotamia, Affyrta, Arabia, and others ; which Provinces 
 were by Augiifius made, fbme Proconfular, others Prxfidial. The moft peaceable 
 and quiet Provinces, which could be govern'd without Force, and only by Com- 
 mand, he gave the Charge and Care of them to the Senate, who lent Proconfuls to 
 them. The more Barbarous and Turbulent, which could not be kept in Awe with- 
 out military Force, he relerv'd to himfelf, and to thefe he fent Prcefides. Such in 
 fhort was the State of the Roman Empire under Auguftus. 
 
 CHAP. IV. 
 
 Of the ^tfpofitwn and ToJity of the Regiones, which at prefent 
 compofe the Kingdom of Naples 5 and the Condition of their 
 CITIES. 
 
 !HIS Part o£ Italy then, which we now call the Kingdom of Naples, 
 was not divided into Provinces, as 'twas afterwards in the Reign of 
 Adrian. It was divided into Regiones, which took their Names from, 
 or gave them to, the different People who inhabited them. It compre- 
 hended the Campani, the Marrucini, the Peltgnt, the Vejli7ii, the Pre- 
 cutii, the Marfi, the Samnites, the Hirpini, the Picentini, the Lucani, the Brutii, 
 the Salentini, the Japygi-, and the Pugltefi. 
 
 EACH of thefe Regiones had Cities beautiful and famous in themfelves, which 
 according to their various Conditions were govern'd by the Romans, and their Laws. 
 Some of them were Municipia, which befides the Roman, retain'd their own and 
 municipal Laws. Of this Condition in Campania, were Fundi and Formta, which 
 afterwards by the T'riumviri, were made Colonic ; Cuma and Acerra were likewife 
 made Colonic by Auguftus ; Seffa and Atella were alfo chang'd into Colonix by 
 the fame Prince : And in like manner was Bari in Ptiglia, and many other Cities 
 fituated in the other Regiones. 
 
 BUT the Colouix were more numerous in thefe our Provinces, which from time 
 to time, both under the Free Commonwealth, and likewife under the Emperors, 
 were fuccefTnely increas'd. 
 
 THI' Colontx in Campania were Calvi, Seffa, ' Sinueffa, Pozzuolo, Vulttirnum, 
 Linternum, Nola, Suejfula, Pompei, Capua, Cafiltmwi, Calatia, Anm'viva, Acerra, 
 
 The Callle of Montdragonc. 
 
 Forviia.
 
 , o The Civil History of Book I. 
 
 Tormui, At a id ^ Teaiiuni, Abella, and afterwards om- Naples alfo, which from 
 Fadcrata was made Colonia. 
 
 1 N Liicauia^ Peflo, BnxentuM, Couza, and others were alfo Colonix. And in 
 Samiiiwi-'j S.'ticiiL'. ', Caf.no^ Ifeniic.^ Bujamim, Tc/efe, SiVmiium, Voiafnmi, Sepino^ 
 Avelliuo^ and others were the fame. 
 
 I N Puglta, Sipontim, Venofa^ Lucera, from Fcederata: were converted into Colnnits 
 likewift i and to pals over others, Bejicventnm, which in the Reign o{ Auguftus, 
 as P//;/v reports ', did not belong to Campania^ as it did afterwards, but to Puglia ', 
 
 BKUNDUSIUM, Liipia and Otranto among the Salentini were likewife Colonia:. 
 Vakutia^ Tempj'a, Bejidia, Rbcggiim, Crotone^ Mmuerfo, Caffaiio, Locri, Peielia^ 
 SqtiiUiice^ Rufcia, and ^mrio among the BniHi '*, fome of which, although formerly 
 thev enjoy'd the Benefit oi Fcedenitae were afterwards turn'd into Colovice ; and in- 
 like manner, Kocera and other Cities among the Picentini ; and fome others fituated 
 in the other Kegiones, which we need not mention. 
 
 IN all thefe Cities they liv'd according to the Cuftoms, Laws and Inftitutions of 
 Roii/e itfelF. In Imitation of the Senate, People and Confuls, they had their De- 
 ctir tones, Pleheii, and Di'Jin/i'iri. They had likewife their Ediles, ^txftores, and 
 other leffer Magiftrates every way like thole of Rome, of which they were fmall 
 Refemblances and Images : Whence they made ule of the Titles of Onlo, or Seiiatus 
 Populufque ' ; therefore we fee upon Ibme Marbles dug from under Ground, and 
 which in fpite of devouring Time have remain'd intire, that they us'd thefc Titles 
 indifferently. Many of which are to be fcen in that admirable and laborious Work 
 of Gri'.teri'.s * ; where, among others, we read many Inlcriptions of the People of 
 Nola inclrib'd to Ibme of their Benefactors, all of them ending, S. P. ^ Nolanorum. 
 Likewife the Segnini in Latiitm, infcrib'd a Marble to a certain Vohin/nius, thus ', 
 
 L. VO L UMNIO 
 
 L. F. P O 31 P. 
 
 JUL J ANO. SEVERO 
 
 \m. VIRO. COL. SIGN. 
 
 PATRONO. COLONIJS SUAE 
 
 S P. ^ SJGNINUS. 
 
 And Minturnim eredled another to a certain Flavins ". 
 
 M. F LAV 10 POSrV. 
 
 a V. PA^tR. COL. 
 
 O RD O. E7'. PO PV. 
 
 MIN-rURNEN. 
 
 THERE were likewife PrafeSiurx in thefe our Regiones. There were in Italy, 
 according to Pompeius Fefitis Twenty-two P/afei'iurcc, to ten Cities, all of them in 
 this Kingdom, to wit, Capua, Cama, Cafiliniivi, Viiltiirnuni, Lint emu m, Pczznolo, 
 Acerra, Suejfola, Atella, Calatia, to which were lent ten Prxfefii appointed by 
 the People of Rome, to whom the Government and Adminiftration of them were 
 committed. To twelve others the Prxfeffi were lent by the Prcetnr Uibanus, and 
 were appointed as he thought fit. Thefe are Fundi, Formia, Cere, Venafrum, Alifa, 
 and Arpinum, all in this Kingdom ; Anagni, Piperno, Fruftlone, Rieti, Saturnia, 
 Nurcia, in other Regiones of Italy. 
 
 THE Conditions of thefe Prcefe£iiirce, as we have laid, were the moft hard ; they 
 could not have their own Laws as the Municipia ; they could not choole their Magi- 
 ftrates out of their own Body, as the Colonic did ^ but they were fcnt them from 
 Rome. They were under the Roman Laws, and fuch Conditions as the Roman 
 Magiftrates were pleas'd to impofe upon them. 
 
 ' Pnllcan-ro in_ Samnium, of which there's 
 no Veftige remaining. 
 
 " Plin. lib. ;. cap. f. 
 
 ^ Camill. Pelleg. Camp. dlfc. i. num. 7. 
 
 * Lvipia, laRocca. Valcntia, Bivona, Temp- 
 fa, jMalvico. Bcf;dia, Bilignano. Mamerto, 
 Martorano. Locri, Giracc. Perila, Poliuftro. ' 
 
 Rufcia, RofTano. Turio, Terranova. 
 
 * Sigon. cie Anriq. )ur. Ital. lib. 2. cap. 4. 
 
 * Gruterus Infcriptioncs antlqux tocius or^ 
 bis. Romani, pag. 465. 
 
 ' Grutter. pag. 490. 
 ' Grutter. pag. 411. 
 
 THERE
 
 Book I. ^Z:'^ K I N G D o M 0/ N A P L E S. it 
 
 THERE were not wanting, in thtfeReg^iones which now make this our Kingdom 
 CivitatesfadeniLt. Theie, excepting the Tribute, which by the League and Confe- 
 deracy enter'd into with the Ronuim, they paid them, were reckon'd in all other 
 Things intirely Free : They had their own Form of Rcpublick ; enjoy 'd their own 
 Laws; made their Magiftrates; and often us'd the 1 itle of Senate and People 
 In fuch a State was our City of Naples for a long time, fo were the I'arentini the 
 Locrcfi^ the Kheg^mi ', and for fome time the Liicewii % the Qipnan't, and fome 
 others of the Greek. Cities which were in Italy ; and fuch were Naples, "tarenhim, Locri 
 and Kheggnim, which for a long time not only did not dilfer from the Greeks in 
 their Laws, their Manners and Drcfs, but alfo as little in their Language. Thefe 
 Cities were treated by the Roimits very favourably, and reputed rather Friendly and 
 Confederated than Conquer 'd: excepting the Tribute agreed upon which theyexaded 
 as a Token of the Confederacy, they left them at their Liberty ; fo much, as if 
 thefe Cities had been without the Bounds of the Empire, it was allow'd to 'thofe 
 who were banifh'd from Kafne to live in them '. 
 
 SECT. I. 
 
 0/ N APLESj 7J0W the Head and Metropolis of the Kingdom. 
 
 NAPLES, although a fmall City, retain'd all thefe noble Prerogatives. It had 
 its own Polity, its own Magiftrates, and its own Laws. But what thefe were 
 as Sigouius * well lays of other confederated Cities, 'tis a very difficult Task to so a 
 groping after them amongft fb much Antiquity and Darknefs. 'Tis but reafonable 
 to believe, that it being a Greek City, was govern'd in the Beginning by the fame 
 Form of a Rcpublick, and the fame Laws with Athens. It had its Archoutes and 
 Demtrrcb!, which were Magiftrates in every Thing like unto thofe o( Athens. At 
 firft the Authority of the Arcbontes lafted only for one Year, as that oftheConfuls 
 in Rome ; afterwards it was prolong'd to the tenth Year. They were of the Sena- 
 torian and Eotieflrian Order. And as the Roman Tribunes belong'd to the People, 
 fb did the Demarchi : Whence our moft accurate Writers % not without Reaibn, 
 carry back the Divifion which at this very Time we fee between the Nobles and the 
 People, to thofe moft ancient Times. Another conjedure likewife would perfuade 
 us to believe it to be true, which is. That this being a Greek City, and fo call'd by 
 ancient Writers with a Speciality, as Janus Dotifa dcmonftrates % from that Place in 
 9aeitus ', where writing of Nero, NeapoUm quafi Grxcam Urbem delegit. It like- 
 wile had its Curix like Athens, w hich the Neapolitans by a Greek ExpreHion call'd 
 Phratrix. 
 
 IT was a folemn Inftitution of the Greeks to divide the Citizens into many 
 Bodies, which they call'd Pbilx ; and thofe they divided into fmaller Bodies, which 
 v/erc call'd Pbratrice. So in Athens the People was divided into Philce, and thcle 
 into Phratrice ; juft after the fame manner the Romans of Old were divided into 
 ^nbits, and thefe into Curix. But it was not fo in all the Greek Cities; fome had 
 only Philx, ot):[txs Phratrix : Whence the Grammarians take the one for the other 
 and give the fame Power to the one Word, as to the other. The Neapolitans certainly 
 were diftributed into Phratrix, and not into Pbilx. 
 
 Thefe Phratrix or Curix, were nothing elfe but Brotherhoods or Bodies into which 
 they inroll'd themfelves and united, not only thofe who were akin, or Brethren of the 
 fame Family, but many together of the fame Street or Qiiarter ; And at moft the 
 Phr atria was made up of thirty Families. Ihe Place were they met was an Edifice, 
 in which, befides the Porches and the Chambers, they erected a pri\ate Temple 
 which they dedicated to fome of their particular Gods or Heroes ; and by the 
 Deity to whom they dedicated the Brotherhood, the Phratrix were diftinguifh'd 
 from one another. In this Place they celebrated their private Sacrifices, Feafts, 
 
 ' Cic pro Corn. Balbo. 
 ^ Livy calls the Lucerini; 
 Socios. 
 
 i Polyb. lib 6. 
 
 Bonos, ac fideles 
 
 * Sigon de Antiq. jure Italia:. 
 
 ' Turin, of the Origin of the Seg^i 
 
 * Lib. 2. Prxcican. in Perron. AVbit. cap. 2. 
 ' Tacit. IJ-. Amal. 55. 
 
 Banquets,
 
 1 1 7*l:)e Civil History of Book I. 
 
 Sanquets,and other holyThings,accordingtotheRitcsand diftind Ceremonies, peculiar 
 to and fitting the God or Hero to whom the Temple was dedicated. They had 
 their Priefts, who were chofen by Lots out of this or that Family ; and fmce the 
 Pbrat-ix confifted of thirty Families, the Priefts were chofen out of each by Lot. 
 They conven'd here with the Chief Men of the Precinft, where they not only 
 treated of faa-ed Things, fuch as Sacrifices and Banquets, but likewife of the Publick 
 Affairs of the City, whence they alio took the Name of Colleges. 
 
 THERE were many of thefe Fraternities dedicated to their particular Gods. 
 Amongft the Neapolitan Gods, the moft renow n'd and great were Eimelns and Ebo ; 
 whence that Phratria that worfhipp'd the God Eumelus, was call'd Fratria Eiimelida- 
 rum. So that which was dedicated to Ebo^ was nam'd Phratria Hebnniontorum. 
 Amongft the Tutular Gods which Sfatius reckon'd, Naples had likewife Caftor and 
 Pollux, and Ceres ; to whom many Temples were eredled by the Neapolitans, of 
 which there are fome Veftiges remaining to this Day ; whence the Phratria dedi- 
 cated to thefe Deities, was call'd Phratria Caftorum ; meaning by that Plural Num- 
 ber, as well Caftor as Pollux. So the Spartans meant when they fwore per 
 Caftores ; and that dedicated to Ceres, was caJl'd Phratria Cerealenfium. They had 
 alfb another dedicated to Diana, call'd Phratria Artemifiorum, for amongft the Greeks 
 yirtemifia was call'd the Goddefs Diana '. Not only to the Gods, but likewife to the 
 Heroes did the Greeks dedicate their Phratria ; ib in like manner Naples, befides 
 thofe which it dedicated to its Tutular Gods, alfb had fome confecrated to the 
 Heroes, one of which was dedicated to Arifteus, therefore it was Phratria Anftxorum. 
 Arifteus was the Son of Apollo, and reign'd in Arcadia : He was commended for 
 liaving been the firft Inventor of the Ufe of Honey, Oyl and Rennett : He was not 
 efteem'd a God, only a Hero. Peter Lafena had promis'd us a complete Treatife 
 of the Phratria o{ Naples, but his untimely Death, as it robb'd us of a great many 
 of his other excellent Works, which he had not brought to Perfedion, fb it like- 
 wife depriv'd us of this. From Cuch Phratria, as I'utinus has alfb told us % in which 
 the Chief and moft Noble of the Precindt join'd, not purely for facred Fundbions, 
 but likewife in order to confult about Publick Affairs, have the Sedilia of the Nobles 
 had their Origin in Naples, which in the ancient Monuments of this City, were by 
 our Forefathers call'd Tocchi, or Tocci, from the Greek Word ^ukos, which the Latins 
 call Sedile, and wc now call them Seggi, of which in a more convenient Place we 
 fhall have occafion to fpeak more amply. 
 
 THESE Greek Inftitutions were long kept up in Naples; and Strabo, who 
 flourifli'd under Auguftus, witncfTeth, That in his Time there were remaining many 
 Veftiges of the Rites, Cuftoms and Inftitutions of the Greeks there, fuch as the 
 Academy, of which Peter Lafena ^ hath fully and moft accurately written ; the 
 Affemblies of the Youth, and thefe Fraternities which they call'd Phratria, and a 
 hundred other Cuftoms : Plurima, fays he "*, Gracorum inftttutornm ibi fuperfunt Vefti- 
 gia, ut Gymnafia, Ephchorum Catus, Curia ('pfi Phratrias 'vacant) & Graca nonina 
 Komanis impofita ; and Varro s who was Contemporary with Cicero, likewife reports 
 the fame : Phratria eft Graciim "vocabulmn partis hominum, ut Neapoli etiam nunc. 
 
 HOWEVER, 'tis true, this City by Degrees left off thefe Greek Cuftoms, and 
 having been long a Civitas focderata of the Romans, and afterwards reduc'd to a 
 Colonia, becoming daily more fubjeft to the Romans, began to difufe the Names of 
 its ancient Magiftrates, fuch as Archontes and Deinarchi, which were in ufe till 
 the Reign of Adrian ; fince Spartianus * reports, fpeaking of that Emperor, who was 
 Demarchus in Naples, that it was the Cuftom of fome of the Roman Emperors, when 
 they had a mind to fhcw Refpeft to any City, for which they had a Friendfhip, 
 when they were in them, to accept of the Titles and Honours of the municipal Ma- 
 giftrates '. But afterwards, in procefs of Time, leaving off the Gre^'^ Inftitutions, 
 and being made a Roman Colony, it imitated Rome in every Thing, by making ufe 
 of the Titles of Senate, People and Commonwealth ; and of leffer Magiftrates, fuch 
 as Edilcs, ^aftores, and other Officers of that City, after the fame manner as all 
 the other Roman Colonies did, as we fhall fhew by and by. 
 
 ' Ant. Aug. Dialog, f. cap. f6. 
 
 * Turin. dcH'orig. de Seggi, cap. 7. 
 
 ' p. Lafena del Ginnafio Ncapolitano. 
 
 •♦ Strabo Geogr. lib. f . 
 
 ' Varro lib. 4. de ling. Lat. cap. if. Jof. 
 
 Scalig. in Var. de ling. Lat. eod. Loc. num. 2;. 
 
 " Spartian. in vita Adrian! apud Neapolim 
 Dimarchus. 
 
 ' P Lafena del Ginnafio Nap. cap. 4. pag. 74. 
 
 THERE
 
 Book I. //j^ K I N G D o M 0/ N A P L E S. 15 
 
 THERE are fome ' who believe that thefe Inflitutions, and fome of the 
 molt ancient Laws, notwithftanding the Courfe of Co many Ages, have not been 
 quite aholifh'd in Niiples ; but that part of them continue amongft us as yet, and 
 are thole which were recorded in the Book of the Cuftoms of this City, which 
 under Charles II. of Anjou, were committed to Writing ; which Cuftoms (without 
 dourt very ancient) take their Origin from thofe, of which, aJtho' the Voracity of 
 Time hath depriv'd us, yet there are left with the Citizens, by Tradition, thele 
 Inftitutions and Cuftoms, that neither Length of Time, nor the fo many Revolu- 
 tions of worldly Things, have been able to cancel : but that Point (hall be more 
 narrowly cxamin'd into, when we come to difcourfe of the Compiling of that Book. 
 
 LOOKING upon this City then as a Confederate of the Romans^ it cannot be 
 dcny'd, but that both before and after the Reign of ylugiifti's^ excepting the 
 Tribute it paid to the Romans, it was treated very favourably by them, and left 
 at its Freedom, in preferving the Form of a Rcpublick, and efteem'd rather a 
 friendly than a fubjeded City. What Cicero ' fupplieth us with, is a clear Argu- 
 ment of its Liberty, fince he fays. That by the '/'///mw Law, the Franchifes of the 
 City of Rome being granted to Italy, there was a great Debate, and very different 
 Sentiments amongfi the People of Ilcrddea and our Neapolitans, whether they 
 fliould accept or refufe that Favour fo earneftly long'd for by all the other People 
 oi Italy ; at laft thinking it more for their Advantage to continue in their ancient 
 Liberty, than, for the Honour of that Privilege, to fiibjedl themfelves to the Re- 
 inaus, they preferr'd their own Liberty to the Freedom of Roman Citizens. In 
 fhort, excepting the Tribute, which, in Token of its Dependancc, was paid to the 
 Romans, in all other Things it was intirely free, as alfb all the other Ci-vitates 
 Fxderatx were, and they look'd upon themielves as out of the Rojiian Empire ^ 
 infomuch, that we have feen, the Roman Exiles could fulfil thfrSentencc of Banifh- 
 ment in them '. 
 
 BUT what Tribute Naples was fubjedl to, as well as T'arentum, Locri, and 
 Regs:_!t!m, likewife confederated Cities, two grave Authors have demonftrated, to 
 vit, Polybius and Li'Vy. Their Duty it was to farnifh Ships in Time of War : Thefe 
 being Maritime Cities abounded in Shipping, and the Neapolitans apply'd them- 
 felves to Sea Affairs more than any Bufinefs, as Peter La-fcna obferves * j whence 
 they were bound to that in which they could be ferviceable ; fo that to the firft 
 Naval War, which the Romans had with the Carthaginians, the Neapolitans, the 
 Locrtans, and the I'arentins, lent fifty Ships. And Livy ' introducing Minio 
 anfwering the Romans, who were diffwading him from the War, which, in the 
 Name of Antiochus, he intended to make upon fome Greek Cities, which were at 
 their Devotion, makes him fpeak after this manner : Spetiofo tittilo, uti vos Romani 
 Crxcariira Ci'vitatum liber andarum, 'video ; [ed fa£la 'veftra orationi non con-veniunt i3 
 aliud Antiocho juris fiatiiiftis, alio ipfi utimtni. ^li enim magis Smyrnxi, Lamp/ace-' 
 nique Grxci funt, quam Neapolitan!, S Rhegtni, t? farentini, a qutbus Stipendiiim^ 
 a quibtts Naves ex fcedere exigitis ? 
 
 THE Capuans, as the moft accurate Pellegrinus thinks*, when their City was 
 confederated with Rome, were not oblig'd to furnifh Ships, but Land Forces : be- 
 caufc that they commanded a moft fertile Country, their Supplies were to be 
 Horfe and Foot j and it is well known, that the Capuans were very numerous in 
 the Roman Land Armies. But as the Infidelity of the Capuans to the Romans, 
 brought the Ruin of their City, being reduc'd to a Prxfe51ura, they were without 
 Senate, without People, without Magiftrates, and in a moft pitiful Condition and 
 Servitude '' ; fb, on the contrary, Naples continuing ftedfaft, with great Conftancy, 
 in the fame Friendfhip with the Romans, both in their profperous and advcrfc For- 
 tune, and particularly during the Time of the fecond Carthaginian V^' or, when the 
 frequent Vidlories which Hannibal obtain'd over them, had fill'd all Italy, and Rome 
 it felf, with Terror and Confufion, Naples, I fay, remain'd conffant and faithful. 
 This City was moft agreeable to the Romans on Account of the pleafant Manners 
 and Exercifes of its Grecians, and its delightful Climate ; fb that the Romans, of 
 all Degrees and Ages, as well the robuft, as thofe worn out with Fatigue and 
 
 ' Summnnte, lib. i. cap. 6. 
 
 * Ciccr. pro Cor. Balbo. 
 
 3 Polyb. lib. 6. 
 
 ** Piccro La Sena, cap. 5. dell' ant. Gin, Nap- 
 
 * Liv. lib. 55-. cap. 14. 
 
 '' {^amill. Pel dilc. 4. num. ly 
 
 ' Liv. lib. 36. 
 
 G Years,
 
 14 The C\v iL History of Book!, 
 
 Years, ufed to come here to fblace themfelves ; for which Reafbn, the Neapolitans 
 were exempted from a Garrifon : on the contrary, the Capuans^ by their Unfaith- 
 fulnefs, had always a Garrifon of Koman Soldiers in their City, tho' the Fear of 
 War with their Neighbours the Samnites was over, which their Inconftancy was 
 the Occafion of '. But there was no Garrifon fent to Naples, not even in the dan- 
 gerous Time of the aforefaid Carthaginian War, but at the Defire of the Neapolitans 
 themfelves \ 
 
 So likewife by their fteady Faith, they dellrved fo well, that none of the other 
 Conditions of the Confederacy were diminifh'd, by which it was allow'd to the 
 Koman Exiles to live in Naples without any Fear ; whither the treacherous 
 
 tPleminius was going for that end, when, on his Way, he was made Prilbner by 
 Metelliis '. 'Tis not a fmall Argument, that fuch a Franchife was never vio- 
 lated, that even I'lberitis Nero fhelter'd himfelf in Naples ■» ; when by the long 
 Civil Wars, and the Fadions in the Roman Empire, neither the publick Laws, 
 nor any other thing was fafe. Thus was tlie Fidelity of the Neapolitans rewarded 
 by the Kon/ans ; and fo long as the ancient Manners and Cuftoms were prelcrv'd 
 in this City, of all the other Cities of this Country, it almoft alone underwent no 
 Changes, having had only Rhegium, ^arention, and Locri, for Fellows ^ 
 
 ' Caml. Pell, loc ck. 
 
 '^ Liv. lib. iq. p. Carac. de Sacr. Ecd. Neap, 
 monum. cap. 6. left. 1. 
 ^ Liv. lib. 29. 
 
 "* Sueton. lib. ;j. cap. 4. 
 ' P. Carac. de Sacr. Eccl. Neap, mon^iffl. 
 cap. 6. feft. I . 
 
 SECT. II. 
 
 NAPLES was mt altogether a Free RepibUckj and iiidepoiclem of 
 
 the Romans. 
 
 BUT all thcfe Prerogatives were free Gifts of the Romans as Rewards of Fide- 
 lity, and for the pleafant Life they ufed to lead in this City * j not that Naples 
 was altogether free from Servitude, and an independent Republick, even in defpite, 
 and againft the Power of the Romans^ as fome out of too much Love to their 
 native Country have ventur'd to fay. Can any Man be perfuaded, that the victo- 
 rious and triumphant Romans, moft greedy of Empire, after having conquer'd, not 
 only all Italy, but almoft all the then known World, having fubdu'd moft powerful 
 Kings, and moft warlike Nations, after long Voyages both by Land and Sea, 
 and moft difficult Enterprizes, during the Courfc of many Ages, fhould not 
 have Force enough to conquer one fmgle City which was juft in their view? 
 It fhews that they knew very little either of the Roman Hiftory or Courage. 
 Is it a new Thing to the Romans, to have given to many People and Cities, after 
 divers Manners, their Liberty, and particularly to the Grecian, after having fub- 
 dued them, and, fomctimes, after having been depriv'd of it for Ibme Fault ? 
 The Books of Appianns Alexandrinus ', Livy, Suetonius, Strabo.^ I'acitus, Dio, 
 Ve'Jeius, the two Pltnies, Diodorus Siculus, Jitfiin, Plutarch, and abundance of 
 others, are full of Examples j and, not to colled all that fo many grave Authors 
 have faid upon a Point that never was in queftion, we may learn from what Strabo 
 alone hath collefted concerning the Roman Monarchy, as it were in an Epilogue 
 at the End of his Books of Geography % that is to lay. That amongft the various 
 Conditions of Kings and Provinces which have been under that Empire, there 
 were ftill fome Cities free, or had remain'd fo, for having continued in their 
 ancient Confederacy, or having been made Free as a Reward of their Fidelity. 
 His Words in Latin are thcfe : Eorim, qua: Romania obeditint, partem Reges tsnent, 
 aliam ipfi habcnt, provincix nomine ^ Prcefeflos, & ^iiiejiores in earn mittunt. Stmt 
 C^ nonniilla: Civitates liber x conditionis : aline ab initio per amicitiam Ronutnis ad~ 
 
 * Vircllcius, lib. I. fpcaking of Naples and 
 Cuma : Ucriufque urbis cxima fcmper in Ro- 
 manos fides facit cas Nobilitate, atque amoeni- 
 tate lua dignlffimas. 
 
 ' Appian. Alex, de bello Mithrid. Liv. 
 Ub. 93. cap. 4J-. Suet. lib. 3. c. 37. Strab. 
 
 lib. 12 Tacir. An. lib. 4. & lib. 12. Dio lib. 
 fj. Velleius lib. 2. Plin. ep. 2.(. lib. S. & ep.9;. 
 lib. 10. Plin. liift. lib. 4. c. 6. Diod. Sicul. 
 lib. J-. Juftiii. lib. ;;. Plutar. in vita Flam. 
 * Strabo in fine lib. Geogr. 
 
 jiinSia,
 
 Book I. //;t? K I N G D o M 0/ N A P L E S. 15 
 
 jun^ee, a lite ah' ipfis homtis gratia lihertnte donatce. Sunt & principes quidam fub 
 (is, & Keguli^ & Sacer dotes : bis permiffiim eft patria feilari inftituta. 
 
 THEREFORE thefe Prerogatives were their frceGifts, and as Publms Sulpititis 
 the Komaji lays, who anfwcrs Mmio upon tlie Fa6t abo^•e related ; ^ix ex fosdere 
 dclent exigimiis ' ? which fhews, that the Tribute of Ships was due to the Komans 
 as a certain Ibrt of Servitude ; ib far were they from being oblig'd on their part to 
 aflift the Neapolltdiis^ as fome have dream'd, that they mutually contributed Ships. 
 Cicero "■ gives us an Example very much to the purpole, of Mejfvi^., likewife a 
 confederated City, that was oblig'd to furnifh one Ship, declaiming againft Verves 
 for having, by a Gift, freed it from that Tribute in the Time of his being Praetor 
 \n Sicily, by which he had leflen'd the Majefty of the Republick, and the Right 
 of the Empire : Pretto, atque mercede miuiiijii Majeftntcm Ketpublicce ^ viintiijii 
 auxilia. P. R. viiuuiftt capias, majorum virtute, ac fapientia comfaratas. SHjiulifti 
 jus imperii^ conditiovem fociorum, memoriam fwderis ^ adding afterwards, Jnerat 
 nefcio quomodo in tllo fxdcrc focietatis, quafi quxdam not a fervitutis. Befides, the 
 Romans alfb often allumed a certain Power over the Neapolitans, to make up the 
 Quarrels they had with their Neighbours, whence we read in Valerius Maximus ', 
 That the Senate fent ^ Fabius Labeo, as Arbiter, to fettle the Limits between the 
 People of AW(Z and the A'e(^?/'o///(T«i, which were difputed. In fhort, whatever thele 
 Cities preferv'd of their Franchiles and Liberty, all was owing to the Moderation 
 and Generofity of the Romans ; and, oftentimes, many Cities that abufed thele 
 Favours w ere depriv'd of them : On the contrary, thofe who made a right Ufe of 
 them had greater Prerogatives and Honours beftow'd upon them. The Marfeillians 
 were alio exempted from Tribute, and Strabo "*, befides the Example oi Marfeilles, 
 adds that of Keumaiifmm. Cicero'' fays. That by a Decree of the Senate it was 
 granted, that fome other Cities, befides Marfcilles and Ncmnatijium, (hould be 
 free from the Roman Jurifdidlion, and exempted from all Power of any of their 
 Migiftrates. 
 
 SUCH being the Manner and Generofity of the Romans, we may, on good 
 Grounds, believe that moft diligent Searcher of our Antiquities Camillus'Pellegrinus *, 
 that the Romans, in Procefs of Time, not only difcharged the Neapolitans fi-om the 
 Obligation they were under to furnifh Ships, but alfb from obeying any of their 
 Alagiftrates, as well becaule of their conftant Fidelity, as in Confideration of the 
 pleafant Life they uled to lead in Naples ; whence, he lays, it is not to be won- 
 der 'd at, that this City, which was lb dear to them, fhould be freed from the 
 Tribute of Ships, when the World enjoy 'd an univerlal Peace in the Rei^n of 
 Aiiguftus, and exempted from all Power of their Magiftrates. Cxfar for Ibme time 
 hated the Neapolitans, as Cicero writes ; perhaps it was, becaufe when Pompey fell 
 grievoufly fick in Naples, which happen'd in the Beginning of their Emulation, 
 the Neapolitans ofifer'd many Sacrifices for the Recovery of his Health, and by 
 their Example the reft of the Cities of Italy, both great and fmall, kept many 
 Holidays '. But on the contrary, Auguftus lov'd them dearly ; and 'tis a manifeft 
 Argument of his having given them lome fignal Privilege, that they, in Honour of 
 him, dedicated and celebrated a noble Game of Wreftling, at which he defir'd to be 
 prelent ". His Livia, whom he convey 'd thither in their greateft Danger, found 
 Ihelter there, from her firft Husband Tiberius ' : As alfo his darling Virgil, whom 
 the Neapolitans ftrove Co fnuch to pleafe '° ; lb that all thefe Things were pleafing 
 Allurements to gain his Affedtion : whence it is attributed to Aiigiifitis, that he 
 added to the Prerogatives of this City, and freed it from the Tribute of Ships, 
 and the Power of any Roman Magiftrate : Upon which Account ", Ibme, upon 
 the falfc Belief that Naples was become altogether Chriftian, from St. Ptter the 
 Apoftle's firft preaching there, when coming from Antioch to Rome, he ordain'd 
 the firft Bifiiop Afprenus, have ftifly maintain'd, that there were no Chriftian Mar- 
 tyrs in Napks, as not being fubje<5l to any Genttle Prince, therefore fuch Butchery 
 
 ^ Llv.lib. ^5. j * Vcllcius, lib. 2. 
 
 * Cic.lib. 5". inVcrrem. J ' Saeton. iiiTibcrlo, cap 4. 
 
 * Val.Max. lib. 7. cap. ij. Cic. lib. I. 1 '" Viig. 4. Georg. in fine. Silvius Italicus, 
 '» SrraboGeogr. lib. 4. J lib. 12. 
 
 ' Cic._inorat.de prov.conful. f " Franc, dc Picrri, lib. 1. cap. f. Hift 
 
 Camil. Pel. in Camp. dif. 4. num. 15". | Napol. 
 
 Plut. In vita Pomp. 
 
 wou'd
 
 1 5 The Civil History of Book I. 
 
 wou'd not have been fufFer'd : But how falfe that is, hath been (hewn by Peter 
 La Sena \ and at length demonftrated by P. Caracciohis % and fhall be examin' d 
 by us when we come to treat of the Ecclefiaftical Polity of thefe Countries. 
 
 THESE noble Prerogatives, and agreeable Conditions, continu'd in Naples 
 for a long time under the" SucccfTors of Aitgiifius. But as foon as the Neapolitans, 
 by degrees, began to difufe their native Cuftoms, and Grecian Manners, and to 
 make Ufe of thofe of the Romans, and at laft to imitate them in all their Proceed- 
 ings ; their City put on a new Countenance, and a new Form of Rcpublick ap- 
 peared. Fulvius ^ Urfiuus believ'd, that Naples was reduc'd to a Colony, with 
 the other Cities of /w/j', by Aiignji us ; but by what hath been already laid, and 
 what P. Caracciolus hath written * againft the Opinion of that Author, it is 
 evident that it was not by Augttftus, but afterwards by l^tiis or Vefpafianus, that 
 Naples was reduc'd to a Colony. However that may be, it was not by being made 
 a Colony, that it loft that Liberty and Polity as to its Magiftrates, that it had at 
 firft, not being, as Capua was, fiom a confederated City converted into a Prx- 
 fe[iiira. As a Latin Colony it kept the fame Inftitution of making Magiftrates out 
 of its own Body ', and had no Prxfe£li fent from Kome to govern it : It had yet 
 its Senate, and its People ; had Cenfors, Ediles, and other Magiftrates as Koine 
 had ; was allow'd to make Ufe of the Title of Senate, of People, and Republick ; 
 and we read upon many Marbles, S. P. ^ N. and amongft the reft, thofe tran- 
 fcrib'd by Grttterus *, which the Neapolitans infcribed to a certain Galba Behius, 
 Cenfbr of the Republick : 
 
 S. P. Q. NEAPOLITANUS 
 
 D. D. L. ABRUNTIO. L. R 
 
 GAL. BAEB. CENSORl 
 
 REIPU. NEAP. 
 
 And this other, 
 
 S.P. Q. NEAPOLITANUS 
 
 L. BiEBIO. L. F. GAL. 
 
 COMINIO PATRONO COLONIAE. 
 
 Which Title of Senatus they changed afterwards \nto Ordo, whence we read on 
 many Marbles O. P. ^ N. changing regularly thefe Titles, as may be obferved, 
 indifferently on other Marbles of other Colonies. ^ 
 
 NEITHER was it called a Colony, becaufe then there would have been new 
 Inhabitants fent to it from Rome, or fbme other Places ; but the Old continued, and 
 the Laws of Latium were in ufe, as in all other Latin Colonies, which were adorn'd 
 with the Franchifes of Rome, and many other Prerogatives, for which Reafons, 
 to diftinguifh it from other Colonies, it kept its paternal and municipal Laws, with- 
 out in the leaft being dependent upon, or govern'd by the Roman Laws alone ; 
 which municipal Laws, and many Grecian Rites, it never loft : the Veftiges of 
 Ibme of them it retains to this Day. 
 
 'T I S a great Error in thofe who think that Naples was altogether free, and 
 independent upon the Roman Empire, only becaufe they find the Title of the 
 Neapolitan Republick in more thaa one antient Infcription, and in more than one 
 ancient Author ; not having oblerv'd, that in the Time of Adrian, much more in 
 that of Conftantine the Great, and other Emperors his SuccefTors, it was a City, 
 like many others, under the Government of the Confuls of Campania, as we fhall 
 prefently demonftrate. 
 
 And much greater was the Error of thofe, who believ'd that down to the 
 Time of Roger, the firft Norman King, Naples was in no manner fubjed to the 
 Roman Emperors, nor after them to the GotbiJJj Kings of Italy, and much lels to 
 
 ' p. La Sena Gim. Nap. cap. 6. p. 104. 
 
 * Carac. tic lacr. Ecclcf. Neapolitan, mon. 
 cap. 10. 
 
 ^ Ful. Urfin. de nummis. 
 
 ** Carac. de facr. Ecfl. Nep. monum. cap. 6- 
 feft. I. 
 
 ' Camil. Pcreg. caftlg. in falc. Benevent. 
 A. 1 14c. 
 
 * Grut. infcrlpt. tot. orbis, fol. ^66. 
 
 ' Camil. Per. in Caftig. ad Falc. Bea^Y- ad 
 Ann. 1140. 
 
 the
 
 Book I. 
 
 rZ'f K I N G D o M 0/ N A P L E S. 
 
 »7 
 
 the Eafiern Emperors, lo that Alexander Abbot of 'Telcfinum ', in his Norman Hiftory 
 Ipcaking of Naples conquer 'd by Koger^ being poffei's'd with this Error, could not 
 forbear laying, that this City, which vix miquam a quoquam fubdita ftiit, nunc 
 fcro Kngeno, fclo 'verbo prximjfo^ fubiuittttur ; foralmuch as it was not becaufe 
 Naples was originally a Grecian City, that it was fo kindly us'd by the Romans as 
 to have the Honour of being a confederated one ; neither becaufe afcer it became 
 a Lattn Colony, and preferv'd the lame ancient Appearance of a Republick, in 
 having Power of chufing its Magiftrates out of its own Body, and retaining its own 
 Laws, and not being opprefs'd with fevere Ufage, as other Prxfetlurx were; it 
 could not be faid to be exempted from the Roman Empire, and much Icfs from 
 that of the Goths and Emperors of Greece ; feeing it was certainly fubjedted to 
 them, not only by Force of Arms, but by ancient Subjedlion, it came, with the 
 reft of Italy, under their Power, and obey'd them, as we (hali make appear in 
 the Profecution of this Hiftory ; and if fome Writers give it the Title of Republick, 
 it was becaufe it kept up that Form of Government, which was neither forbidden 
 b) the Romans nor Goths. 
 
 NEITHER ought thefe Authors to harp upon that word Repiiblica Co much, fince, 
 in the Latin Language, it fignifies the Community, not the Dignity of publick 
 Things ; and often it is us'd to denote fome Form of Adminiftration or publick 
 Government ; e\'en in the PrcefeBiirce alfo, which were deprived of all publick 
 Council : Erat, as Fefius fays ^, quxdam earim Refp. ncque taaicn Ma^jjlratus fuos 
 habehant ; at that rate, Capua, Teannni, and Atella, were Republicks in the Time 
 of Seneca ^ : The fame might be alfo faid of Nola, Mintnrniini, Scgna, and 
 many other Colonies, that were call'd Republicks, and which infcrib'd likewile upon 
 their Marbles thefe Letters, S. P. ^ each of them a Cubit in length ; and in latter 
 Times, there are, in good Authors, a thouiand fuch Inftances, of which the 
 ^eodofian Code gives us a Multitude*. 
 
 MUCH lefs ought they to fall into that Error, by taking their Argument from 
 the Dominion which Naples had over the Ifland of Caprea, and afterwards over 
 that of Ifcbia, which it chang'd for the other to pleafe 'tiberitis ' ; fince as the 
 moiii accurate Pellegrintis anfwereth them *, without their going far, they might 
 have oblerv'd, that Capua likewife, while it was a Colony, poflels'd the Country 
 of Gnof.a in the Ifland of Crete : and if that Argument, of Naples having had the 
 Dominion of that Ifland, was fufficient to make it a free Republick, it ought not to 
 be doubted, but that it continued to have the fame Prerogative many Ages after, 
 under the Goths, the Emperors of the Eafi, and other Princes ; fince it ftill kept 
 the Dominion over its neighbouring Iflands, even to the Days of Gregory the Great '' j 
 and later alfo, in the Time of the Pontificate o£ Bejiediff VIII. and likewile in 
 Times lefs remote from us, in which it would be Folly to believe, that Naples was 
 a free Republick, and independent of any Government whatlbever. 
 
 ' Alex. Telef lib. 2. cap. !2 8c 6. 
 ' feft. V. Prxfefturx. 
 ' Seneca de Benef. lib. 7. cap. 4. 
 * Cod. Th. tit. de Reip. &c de locat. fund, 
 juris emph. & Rep. 
 
 ' Sueton. lib. 2. cap. 29. Sciabo lib. f. 
 Dion. lib. f 2. 
 
 * Camil. Pel. in Cam. Difc. 4. Num if, 
 ' Gregor. lib. 5. ep. yq. indit. 5. 
 
 SECT. in. 
 
 of other famous Cities in thefe Countries. 
 
 THIS, in Ihort, is the Afpedt and Polity which the Regiones that compofe 
 the Kingdom of Naples, had, in the Ages we are treating of It was not 
 then divided into Provinces, as afterwards, but Regiones ; each of which had 
 Cities, which were govern'd according to their Conditions, either as municipal 
 Colonies, Prefcdures, or confederated Cities. They generally had the Rowan 
 Laws, which, for their Excellency, were, in the Efteem of all Nations, moft Juft, 
 moft Wife, and moft Uleflil to human Society ; only we muft oblerve, that the 
 municipal and confederated Cities, could ule their own and the municipal Laws ; but 
 when thcle faifd, they had recourfc to the Romany as the Fountain of all divine 
 
 H and
 
 1 8 ^he Civil History of Book I. 
 
 and human Laws. The Government was according to the Condition of each City ^ 
 many were govern'd by Prefedts lent from Konie j many more by Magiftrates, who 
 were allow'd to be choftn out of their own Body; and almoft all of them ftudicd 
 to imitate the Government of Koine their Head, of which they were fmall Relem- 
 blances and Images. 
 
 I T was not, as now, that all the Beauty, Magnificence, and Riches, were to 
 be found only in one City, as the Head and Chief of the reft : Every Country had 
 many Cities magnificent and famous in themlelves. Capua once exalted it Iclf 
 above all the reft ; fb very renown'd and famous, that Lucius Flortis ' declareth, 
 that it vied with Rotne and Qirtbage, the moft famous and wonderful Cities in 
 the World : A City lb full of Inhabitants, and of fuchTraffick, that it wasreckon'd 
 the Mart of all Italy i and was always equall'dwith Epbcfus by our Lawyers % and 
 almoft all the Examples they quote, either in Matters of Contract, or Remit- 
 tances of Payments, from the moft remote Places, or of Traffick amongft the moft 
 famous Merchants, are all taken either from Capua or EpJje/us. 
 
 THERE was in Piiglia^ Luceri.!, io famous and fo much extoll'd by Livy and 
 Horace : Sipontuin, which, for Antiquity, yielded to none other in the World ; 
 Veitofa, fo renown'd and remarkable for the Birth of Horace : Beiieventum, the 
 molt famous of all the Roman Colonies : Bari^ and other illuftrious Cities. 
 
 The Salentim had Lupia, Otranto^ and the beautiful and pleafant Brundufium, 
 famous for its Harbour j and, by our Lawyers, celebrated for the many Voyages 
 undertaken from thence to the Eaft '. 
 
 THE Brntti had T'arentuw, Crotov, Kbc^^itmi, Locri^ Turio^ Squillace^ all 
 famous Cities ; Cities fertile in producing fo many bright and excellent Mathe- 
 maticians and Philofophers ; from whence arofo that moft noble Sedl called the 
 Italic, and which had for its Head Pythagoras, who liv'd there very long, and 
 had fometimes in Croton, fix hundred Scholars. 
 
 THE Lncani had Pcfto and Buffento. The Piceutini, Saknium and Nocera. 
 The Samuites, Ifernia, Venafrnm, lekfe, and Sainniuni, fo very famous, that it 
 gave the Name to the Country ; not to pals over Sulvw remarkable for the Birth 
 of Ovid : Nola, Stirrentivn, Pozuoi^, and thefc other pleafant and ancient Cities, 
 Cuina, Baia^ Mifeuus, Linternum, Vulturnim, Hcraclea, Poinpei, and many others, 
 of which there are fcarce any Veftiges. 
 
 ' Flor. lib. K cap. i6. 
 
 * Scevok 5c African, in lib. %. 8c lib. 9. tic. 4. 
 D. lib. 15. Ulpianus, lib.9. tit. z. D. Jib. 45-. 
 
 Julianus 8c Papln. in lib. 17 8c lib. ^o. tit. i. 
 O. lib. 46. 
 
 •* Sccvola in 1. qui Rcunf , D.de V«rb. oblig. 
 fe£l. Callimachus. 
 
 SECT. IV. 
 
 of FAMOUS ^RI-fER S. 
 
 WH O can number fo many famous and noble Wits, as have had their 
 Births in thefe illuftrious Cities ; the Philofophers, Mathematicians, 
 Orators, and above all, the fo renown'd and famous Poets ? What we have now 
 a-days of the Ancients, who were moft fingular and exquifite in Philofophy, Ma- 
 thematicks, Rhetorick, and efpeclally Poely, we owe all to the Wits, who were 
 either the Product of this Soil, or being born elfewherc, liv'd and cultivated their 
 Studies here. 
 
 AMONG fo many, I may reckon, for his Knowledge in the Laws, the 
 incomparable Papiniamis : As fome have made him to be born in Beneveiitum, 1 
 would willingly do the fame ; but the Ncceffity of telling Truth, and not deceiving 
 any body, obliges me to do otherwife : Since the nati\'e Country of fuch an able 
 Man is fo uncertain, that only vain Conjectures, and too much Love of their 
 own Country, could excite thole who have wrote, to fay, tliat he was of Bene- 
 'ventum. Their Ignorance was greater and not to be pardon'd, when they liad 
 their recourfe to the Pandemia, and that Law of Piipiiiianus *, which we liave 
 
 * L. H£ered«s mei D. ad. S. C. XrebeJ. 
 
 under 
 t
 
 Book I. 
 
 the Kingdom of NAPLES. 
 
 I 
 
 under the Title Ad S. C. Treb. forafmuch as they afcribe to this Civilian the Words 
 of a certain Teftament made by one born in Seneveutum, in which he left a 
 Legacy Colontce Beueventanorum Patrice mex ; and believing that Papiniatius fpokc 
 of hinifeif, wrote, that Beneventim was his native Country. I have taken notice 
 of this Blunder, becaufe a grave Author among us is a Stickler for it, and that is 
 Martnus Freccia ' ; 'tis now to be found in many Books of our ProfefTors, and 
 even in a modern Author of Samnium % to whom, as Writers not lb ignorant in 
 thefe Matters, as fome others, perhaps he has been eafily induc'd to give Credit. 
 
 Freccia de fubfcud. 
 
 I * Ciarlant. de Samnio, lib. j cap. 5. 
 
 CHAP. V. 
 
 Of the Stat 11 0/ I T A L Y, mid of thefe 
 
 our 
 
 rovtnces 
 
 U7jder Adrian, to the Time of Conftantine the Great. 
 
 HIS Form and State of the Kcgione^ of Italy ^ and the Provinces of 
 the Empire, continued to the Time of Adrian. As this Prince 
 gave a new Turn to the Konian Laws, (b likewile he divided Italy 
 after another manner ; not into Regiones, but Provinces ^ ^ of 
 ele\'en Regioiies, of which it confifted at firft, he made feventecn 
 Provinces. The Iflands of Sicily, Sardinia, and Corfica, which 
 Au^tfttts divided from Italy, and number 'd amongft the Provinces of the Empire, 
 were by Adrian added to the Provinces of Italy : He inlarg'd the Bounds of Cam- 
 pania, to which, although Attgufius had added Ibme Part of Samnitim, the two 
 Latia, Campania, and the Picentini, Adrian afterwards join'd_ the Htrpint, fo that 
 Bencventuvi was near being call'd a City of Campania *. 
 
 HE alter'd likewife the Civil Government and Magistrates, by inftituting four 
 Confulares ', to whom the Government of the greatcft Provinces of Italy was com- 
 mitted J the refl were given to CorreSlores, and others to Prcefides, which were 
 Names of Magiftrates of different Dignities. 
 
 UNDER the Confulares there were eight Provinces, which were, L Venice and 
 Iftria. IL JEmilia. ill. Genua. IV. Flaminia and Picenum. V. 'Tufcany and 
 Unibria. VI. Ptccnum Subiirbicarium. VII. Campania. VIII. Sic ilia. 
 
 UNDER the Correilores were two Provinces, I. Piiglia and Calaina. II. Lu- 
 cafita and the Brutti. 
 
 UNDER the Pra fides were fevcn, I. The Alpes Cottix. II. Kbetia Prima. 
 ill. Khetia Secmida. IV. Samnium. V. Valeria. VI. Sardinia. VII. Corf.ca. 
 
 T O the Provinces out of Italy he gave another Form and Difpofition. He di- 
 vided Spaiii into fix Provinces, fbme of which were Prcfidial, others Confular. 
 He divided Gallia and Britain into eighteen Provinces : lllyricuvi into fe\entcen : 
 ^bracia into fix : Africa likewife into fix : And after the fame Manner did he 
 divide Afia, and the other Provinces, of which there's no need of making a longer 
 Catalogue 
 
 IN the mean time, thefe Kegiones, which make up the Kingdom of Naples, 
 took a new Form of Government. Now the Name of Province began to be known 
 
 ' Spartlan. in vica Adrian. Appian. Alex. 
 lib. I. de bcl. civili. 
 ■♦ Camil. Pel. in Camp. difc. i. num. 8. 
 
 ^ Spartlan loc cit. qiiaruor Confulares per 
 oinnem Icaliam judices confliruit. 
 
 in
 
 20 
 
 The Civil History of 
 
 Book L 
 
 ill Italy^ and a(!cording to this new Scheme of Adrians, that which is now a King- 
 dom was divided into four Provinces, I. A Part oi Caniyania. II. Pu^lia and Caia- 
 bria. Ul. Lucdnia and the Bniti/. IV. Sajniiiuw. 
 
 THE Government appcar'd new and more abfolute, taking from the Cities 
 thefe Prerogatives, which cither the Condition of Mumcipict, Colomx, or Feeder ats, 
 was in ule to liave : Naples loft much of its ancient Liberty ; as aHb the other 
 confederated Cities and Colonics. The Authority and Jurifdiclion of the O?;;- 
 fiilares, Corretlores, and Prxfides was great, and became yet greater, when 
 Confiantine the Great tranflated the Imperial Seat to the Eaft, and left intirely to 
 them the Go\crnment of thele our Pro\inces, which was giving the finirfiiiig 
 Stroke to the Ruin of Italy, by bringing in that new Form and Polity, which 
 fhall be treated of more at length in the fecond Book of this Hiftory. 
 
 
 SMiM. 
 
 CHAR VI. 
 
 Of the L AW S. 
 
 T was not fufficicnt to have {6 well divided the Provinces and Regiones, 
 if good Laws and Inftitutions had not been provided at the fame 
 Time ; in which the Romans difcovcr'd no lefs Knowledge than 
 Prudence : For if we will but confider the Origin of their Laws, 
 with how much Maturity and Vl'ifdom they were eftablilh'd, and 
 with how much Prudence expounded afterwards, and to the Mul- 
 titude and Variety of Affairs adapted ^ their Durablenefs will not appear ftrange 
 nor wonderful. 
 
 ALTHOUGH the Romans were govern'd more than the Space of two 
 Ages by the Laws of their own Kings ' ; neverthelefs, thefe being driven away, 
 their Laws were likewife canceU'd % fome few only being prelerv'd, to wit, the 
 Tullian, the Valerian, and the Sacratce Leges ^ ; for the reft, they were govern'd 
 by their ancient Cuftoms, and unwritten Laws, which being various and uncertain, 
 were the Occafion of grievous Contefts and Diforders : For which Caufe they con- 
 fidcring, that thefe were not fufficient for eftablifhing a perfect and well order 'd 
 Republick ; and that Travelling, and the Knowledge of the Laws and Inftitutions 
 of different Countries, were very helpful for the better eftablifhing of it, as Ariftotle 
 lays ■*, they order'd, That the Laws and Cuftoms not of one City only, but of many, 
 fhould be known and examin'd, to the End, that thofe which fliould be found 
 proper, and worthy, might be receiv'd and incorporated among their own : AikI 
 -likewife confidcring, that the beft Laws were thofe which proceeded from true and 
 folid Philofophy, and that, amongft all Nations, the Greeks appear'd to be luperior 
 in Wifdom to all others, they fent for that End to Athens^ and other Cities of Greece^ 
 even to the Greek Cities that were in Italy, and alio to that Part which of old was calKd 
 Magna Gracia, where the Pythagoreans flourifh'd, and thole two lamous Lawgivers 
 Seleitcus and Caronda, who gave the Laws of thefe to the Locrians, and they gave 
 them to the 'turians K They fent to Lacedxmonia, and to Hetrtma-y by which they 
 
 " Leges Rcgia: in ordiiiem ex eorum fragmen- 
 tis redadi, nocifque ex parte illuftratx lunt a 
 Paulo Maiiurio, A. Aug. Francifco Modio, Ful- 
 vlo Urfino, Lipfio, Rolino, Forftero, ac Bal- 
 duino. 
 
 * L- 2. D- de orig. jur. in prliic 
 
 ' Dion. Halkar. lib. y. Flutar. in Valcr- 
 Liv. lib. ? & 10. 
 
 * Arift. lib. I. Rhetoric. adTheodeft. cap. 4. 
 Legum fcrcndarum fcientii, terrarum Peregri- 
 nariones lunt utiles, e.xinde enim gentium in- 
 ftituta, legelque licet cognofcere. Emund. 
 Mcril. obf. lib. 2. cap.ro. 
 
 ' Gunrad. Ricerfliuf. in Com ad XII. L. L. 
 tab. cap. I. 
 
 diliover'd, 
 t
 
 Book I. 
 
 the K I M G D o M 0/ NAPLES. 
 
 21 
 
 difcoxer'd, by a new and rare Example, that Philofbphy, which the Greeks con- 
 fin'd to their Porches and Academies, could be made uleful likewile to the Civil So- 
 ciety of all the Citizens , and that the Principles and Axioms of it, being manag'd, 
 not by raeer Philofophcrs, but Ci\ilians, could be adapted to human Commerce 
 in fuch a manner, that ^Mankind might reap both Profit and Juftice from it, as the 
 Spring of all Tranquillity and worldly Contentment. Thus from the Laws and 
 Inftitutions of fo many bright and famous Cities, and from thofe which Koriie 
 it felf had, as is at large reported to us by Ktteyfufius ', the Konian Civil 
 Law, and thole famous and celebrated Laws of the twelve Tables, were com- 
 pil'd by xhc Deceni'vii-i^ which were the firft and lafting Foundations of the Ko- 
 nian Jurifprudence, and the Spring, as Livy lays % of all publick and pri- 
 vate Laws ; of which Cicero fpeaks thus ', Freniant ojunes licet ^ dtcam quod fentio, 
 Bibliotbecas^ Meberciile omnium PbUofuphorum tmus iiiihi •vidctur clmdecnH tcbuUirum 
 libcllus, fi qtiis legum fontcs, i3 capita 'viderit, & autboritatis poiidere, & utilitatis 
 ubertate fuperare. 
 
 NEITHER was their Vv'ifdom lefs in eftablifhing the other Laws, which 
 were publifli'd by the People of Koi/>e ; fince that after they drove away their 
 Kings, the Majefty of the Empire remaining in the People, it was in their Power 
 to make the Laws •*. Neither was it lels in the Plebifcita^ to which, by the Law 
 of Horteiifii'.s, a Power and Authority, not inferior to the Laws thcmfelves, was 
 given -. Nor in the Senatus Coufulta, which had no left Authority * : And, laftly, 
 in the Decrees of the Magiftrates, which from being annual, were by the Cornelian 
 Law, made perpetual, and, under the Emperor Adrian^ by the Labour of Ju- 
 hanus^ put in order, and by them call'd Ediila Perpetua ' j whence fprung that 
 beautiful Part of the Jurifprudence % which was afterwards fb much illullrated 
 by the Roman Civilians, and became, as it were, the North Star and Foundation 
 of that which we find in the Books of Jujlinian ». 
 
 ' Riter. loco cit. 
 
 * Livius, lib. 5. 
 
 ' Cicer. lib. i. de orat. 
 
 * §. Lex inftic. de jur. nat. gent. & clv.Bodin. 
 lib. I. de Repub. cap. 10. 
 
 ' §• L. 2. §. ilfdem temporibus, D. orig. jur. 
 
 * Senatus confultum, inftit. cit. tit. 
 
 ' Proetorum, Inftit. tit. de perpec. & tern, 
 aft. Budeus in lib. 2. D. de ftatu horn. Rofin. 
 lib. 8. Antiq. cap. 5. 
 
 * L. fi quis 10. C. de condit. indeb. 
 
 ^ Jac. Gotofr. in Prolog, ad Cod. Theod. 
 cap. I . 
 
 CHAP. VII. 
 
 Of Lanzyers and their Bo»ks. 
 
 U T that which ga\e grcateft Authority and Stability to the Roman 
 Laws, was, the Study of the Jurifprudence being always had 
 in great Efteem, and honoured by the moft excellent Alen of 
 that Republick : They knew very well, what was requifite 
 for the Occafions of the Citizens, was not their having provided 
 them only with the bare Laws, if there were not likewile thofe 
 uhoundcrfl:ood, and could explain the Force and Energy of them ; and in the 
 Multiplicity of Cafes, and Variety of Bufincfs, might be afliftant to the People: 
 Therefore they were willing that the moft knowing, and the brighteft Men of the 
 City might be appointed for lb noble an Exercife, fuch as the Clandii, the Sem- 
 proniiy the Scipa-ues, the MiH/i, the Catones, the Bri'.tiy the Craffi^ the Lucilii 
 
 the'
 
 I z The Civil History of Book I, 
 
 the f7c7///, the Sulpitii ', and others of the like Fame ; by which it is manifeft, 
 that they had nothing more at heart, than the Study of the Jurifprudence, and. 
 Skill in the Civil J /u\v, which was of threat Advantage to the Publick, either by- 
 interpreting, difputing, teaching, or writing. What other Nation can we mention, 
 that could contend v'ch iheKomens in this Point? Surely not xht Hebrews^ whole 
 legal Difcipline being very mean and vulgar, was never much efteem'd ^ : Not the 
 Greeks themfelves, (to pals over the reft) with whom, the Office of Lawyers was 
 confin'd to mean and low Cafes, and was folely taken up with Adtions, Forms, and 
 livafions ; lb that the Profeflbrs, as being of the Dregs of the People, were not 
 honour'd with the venerable Title of Lawyers, but with that of plain Attornies ; 
 lb that Cicero vis6 to lav % That all the Laws and Cuftomsof other Nations, being 
 compar'd with thofe of the Romans, appear'd ridiculous and trifling. With the 
 Romans, none were the Protedlors or Guardians of the Laws, but the moft excel- 
 lent Men, indu'd with ail Learning and eyquifitc Knowledge, grave, uncorrupted, 
 levere, and venerable, in whom was lodg'd the Defence of the Citizens : they 
 had their recourfe to them for their Advice, as well in publick as private Concerns : 
 To them, either while thev were walking in the Market-place, or at Lome ;n chcir 
 Houies, did they apply, not only in Cafes concerning the Civil Law, but in all 
 other Matters ; if a Father was to marry his Daughter, he took their Advice ; or 
 if any Man was to buy a Farm, to plough his Field, and, in Ihort, there was 
 nothing determin'd, neither publick, nor private.^ nor domeftick, which did not 
 depend upon their Advice ; lb much, that the ftme Cicero was wont to lay % That 
 the Houfe of a Lawyer was the Oracle of the City. They had yet three other 
 principal Fundtions ; to adviie Parties, which was the only Fund;ion of the old 
 Pradtitioners ; to confult with the Judges in Points of Right in ProcelTes, which, 
 were to be judged j and laftly, to be AirelTors to the Magiftrates, to inftrudt them, 
 and fometimes to judge in Procefles, either with or without them '. They had 
 yet another Authority, that is to lay, That when there arole any difficult Queftion 
 in Rome, they join'd all together in order to debate and concert it, and that Con~ 
 ference was called Difputatio Fori, of which Cicero makes mention in his firft Book, 
 ad ^F. and in the fopici ; and what they rcfolv'd in fuch Aflemblies, was call'd 
 Decrctnni, or Recepta Sentejttia, which was a kind of unwritten Law, as it is very 
 methodically treated of by Revardns *. 
 
 But if the Jurilprudence was had in fuch honourable Efteem in the Time of the 
 free Republick, it was no lels under the Emperors, down to the Time of Conftan- 
 tiiw the Great. Afterwards, in the Time of the Decay of the Commonwealth, 
 there not being fo many able Lawyers, by the Vice of the Age, by degrees it 
 came to pals, that every one trufting Iblely to his own Studies, interpreted pub- 
 lickly the Laws after his own Fancy, and according to his own Talent advis'd, 
 and gave Anfwers j lb that by the Multitude of Profelfors, or by their Igno- 
 rance and Sordidnels, a Thing of fo great Value, and of fuch Importance, 
 came to be delpis'd j or elle, as Pomponius ' fays, ( or whoever may be the Author 
 of that Book ) that the Laws might have the greater Authority, it was decreed 
 by Atiguftiis, that no Perfon whatfoever Ihould prefume to take upon himfelf that 
 Power, as had been done in Times paft ; but that, by his Authority alone, and by 
 hisPermifiion, the Laws were to be expounded, and Confultations given, which 
 they were to ackno\^ ledge as a Favour from him, or as a Reward of their eminent 
 Virtues, or fingular Knowledge and Skill in the Civil Laws : whence he ordain'd 
 the taking of Licences from him ; from whence it came, that the Civilians were 
 reputed Officers of the Empire ; at which Adrian was offended, not without Realbn, 
 laying. That it was not the Emperor's Bufinels to give a Character of the Capacity 
 that was requifite in a Civilian ; whence Poniponitis ' judicioully remarks, Hoc non 
 peti, fed prxjlr^ri jolers ; fo that from that Time forward, the Civilians, by giving 
 their Advice by the Authority of the Emperor, were reckon'd publick Officers 
 and perpetual Magiftrates, at leaft, as Manlitis qualifies a Civilian, Perpetuus Po' 
 ptili prtvato in limine Praetor. 
 
 ' L. 2. D. (!e orig. jur. 
 
 ' Gcorg. Pafq. de nov. Inventis. 
 
 * Cic. lib. I. de orat. Vigilius inPraefat. 
 
 'i Cic. loc. cic. 
 
 ' Loyfcau, desordres, cap. S. num. 24. 
 
 2 In 
 
 * RcverJ. de auth. Prud. cap. 14. &r if. 
 ' L- 2- de orig. juris. 
 
 ^ L. 2. D. de arig. jur. In fine. 
 
 * Loyleau, desordres, cap. 8. num. Z".
 
 Book I. //;^ K I N G D o M 0/ N A P L E S. 25 
 
 I N thofe very Times 'tis to be obferv'd, that the Roman Jurifprudence, by th^ 
 Favour of the Princes, was at its Heiglit of Greatnefs and Honour ; fince PrinceS 
 thcmfelves, who now a-days moftly encourage the Study of Mathematicks, had 
 nothing more at heart than the Knowledge of the Laws : None others but Civilians 
 were call'd to Council upon difficult and lerious Matters ; fo we read, that Av.'iv.flus 
 a moft prudent Prince, when he was about to give th^t Force and Authority 'to the 
 Codic'tUi^ which he afterwards gave, our Juftlnian lays ', That he ccnven'd the 
 moft wife Men, among the reft Trehatins, on whofe Advice he depended much in 
 his moft weighty and lerious Affairs. So likewile we obferve from the Hiftorians 
 of thofe Times, that Trajan had Neratitis Prifcus, and Celftis the Father, in great 
 Efteem. Adrian advis'd with Celftis the Son, Salvins Jtiliamis, and other learn'd 
 Civilians -. The Works of Volutius Metianus, of Ulpius Marcellus, and others, 
 pleas'd Antoninus Pius. Marcus Antoninus the Philolbpher, in his Deliberations, 
 and eftablifhing the Laws, always had Cerbidit'.s Scevola, a moft grave Civilian for 
 his Collegue, who had the Honour to have for his Scholars many famous Civilians, and 
 among the reft, Pauhis, Irifonius^ and the great and incomparable Papinianus. 
 Alexander Severns advis'd with Ulpianns, neither did he make one Conftitution 
 without the Advice of twenty Civilians - ; and Max/minus the lounger confulted 
 Modeftinus. Neither, at laft, did thefe Emperors, in thefe very Conftitutions, 
 rob thofe great Men of their deferv'd Honour, fince their Opinions are mention'd 
 in them with great Encomiums, as Cams, Carimis, and Kumenanus did bv Pa- 
 pinianus * ; and as Dioclefian did, who, by publick Teftimony, valu'd the Opinion 
 of Scerola, as other Emperors did thoie of other Civilians. And truly whoever 
 will but attentively confider, that which is extant of the Works of thefe Civilians, 
 (fince few of thofe who flourifh'd under the free Republick are left us) the greateft 
 part of which Jufttnian depriv'd us of by that Compilation of his, for which I 
 don't know if we ought to blame or praife him ; becaufe the VicifHtude and Revo- 
 lution of worldly Things are luch, that perhaps without it, none of them fhould 
 have reached us ; it will clearly appear, not only how admirable their Knowledt^e 
 and Learning has been, but likewile perfuade us, that nothing elcap'd their Exaft- 
 nels, by confulting about every thing that could fall out, either in the Courts of 
 Juftice, or other Affairs of the Commonwealth. For that Purpofe, the Sollicitors 
 and Pleaders provided themfelves with the Books of the ^ixftiones and of the 
 Refponfa, of the Decreta, the Confiitutiones, the Epifiulce, and of the Digcfia : For 
 thofe who were affumed to be Magiftrates and Judges, there were many Books 
 ready prepar'd, of the Offices of the different Magiftrates, their Authority, and 
 Jurifdiftion. Thofe who were curious to learn the legal Difcipline of fpeculative 
 Matters, had many Opportunities of fatisfying themfelves : They found Books 
 full of Notes which expounded the Laws of the People of Ronte, the Decrees of 
 the Senate, the Edids of the Magiftrates, the Orations, the Conftitutions of 
 Princes, and the Refponfa of the old Civilians : There were Treatifes upon almoft 
 every Cafe that could ever belong to the Jurifprudence : There were not wanting 
 Books upon the various Readings ; and, laft of all, there were to be found Books 
 teaching how to reduce Jurifprudence it felf to a certain Method and Order, £ir 
 exceeding that which Cicero left us in writing ", which the Titles of their Volumes 
 demonftrate to us, the Lofs of which we, with good Reafbn, lament at this Time • 
 fuch were the £«(:/j/>/V//Vr, the Pandcifx, the Regulx, the Sent entice, the Defoiitiojies 
 the Brevia, and the Books of Inftitutions ; fb that tho'the Courfe of fb many Ao^es 
 and the difmal Alterations of the World, have robb'd us of a great many other 
 valuable Antiquities, if they had not likewife taken from us the Books of fo many 
 eminent Civilians, we fhould not have had Occafion now for the Works of thofe 
 who in barbarous Times fucceeded them ; or rather, there wou'd not have been 
 Occafion to load the Jurifprudence with fo many new and infipid Volumes. 
 
 Neither was the Dignity and Elegancy of the Style of thefe Civilians, infe- 
 rior to their Prudence and Care. It is a Thing truly worthy of Admiration, that 
 their Elegancy of Expreflion fhould be in every thing the fame, and pcrfed:, altho* 
 
 Juftin. inlnftlt. lib. 2. tit. 2J. 
 
 Spai tian. in vita Adrian. 
 ' Lamprid. ill Alex. Sever. 
 * L. cum virum 16. c. de fidci comm. 
 
 ' L cafusmajoiis, C. de Teflam. 1. j. eod. 
 tit. 
 
 " A. Gcll. lib. I. noft Attic, cap. 22. Bud. 
 Annot. in Pand lib. i. dejuft 
 
 they
 
 24 ^he Civil History of Book I. 
 
 they did not flourifh at the fame Time, but diftant by whole Ages-, that nothing 
 can be added to it : Or if we confider their Stile and Writings, it cannot be per- 
 ceiv'd who amongft them deferves the Pre-emincncy ; and it is yet worthy of 
 Obfervation, what Laurent lUs Valla ', and Gnlielmus Budeits % Ipeaking of the 
 Uniformity of the Words and Sentences of their Books, which are coljedted in 
 the Panders, have written. That it is not inferior to what is obfervable in the 
 Epiftles of Cicero, as if theft Books had likewile been written by one Perfon ; 
 fince commencing from Auguftus to the Time of Cmiftahtnw the Great, under 
 whom flourifh'd Ucrmogenianus, ylrcadins, Carifius, ylureliits, and Julius Aquila, 
 (whole Memories we lee fcatter'd by Jufiinian in his fifry Books oi Digefia') there 
 were three Ages, during which we oblerve in the Hiftorinns, Orators, Poets, 
 and other Writers, a great Difference of Stile, but in thefc Civilians 'tis always 
 the fame, and conftant. 
 
 I T is'not then to be thought ftnnge, if in the Courfe of Time, (and efpccially 
 under Valentinian III. ) the Authority and Force of the Sentences and Opinions 
 of thefe Civilians gain'd fo much Credit, that Jz//?/km« fays % it was finally re- 
 folv'd, that the Judges fliould not depart from their Opinions. 
 
 BUT this being a Point of Hiftory not rightly undcrftood, hath occafion'd 
 many Miftakes in fome ; but give me leave to oblerve, that it ought not to be 
 thought, as Ibme have imagin'd, that this Authority was acquir'd, when Augtijlus 
 order 'd the Licences to be taken of him, as if giving Counfel by the Authority of 
 the Emperor, had given fb much Strength and Authority to their Advice, as that 
 the Magiftrates were oblig'd to follow it in giving Judgment : This is repugnant 
 to all the Hiftory of the Law ; fince tliat Autliority was given them from the 
 Time of the free Commonwealth, but only in cafe, as we have laid above, whea 
 there happen'd any difficult Queftion in Rome, and that they join'd together to 
 debate and decide it, and what they concluded in fuch an Aflembly was call'd 
 Decretum, or Recepta Senteiitia, which was a kind of unwritten Law, from which the 
 Judges could not depart in theirDccifions, as having been long debated, and receiv'd 
 in the Courts of Judicature, and liad acquir'd Strength and Vigour, not inferior to 
 the Laws themlelves ; which was alio pradtis'd with regard to Ibme of their Decrees 
 receiv'd in Courts in the Times of Augiiftus, and the other Emperors his Succeflbrs. 
 But it is altogether repugnant to Truth, that without this, every one of their Sen- 
 tences and Opinions were no fooner pronounc'd, but they had {o much Authority, 
 as that the Magiftrates were oblig'd inviolably to follow them ; and much lefs in 
 the Time of Augv.ftus, when the Difpute amongft the Civilians broke out into 
 open Faftions ; whence the Sedts of the Sabiniant and the Cajfiani on one fide, and 
 the Prociilcjani and the Pegafiant on the other •*. Thefe Difputes were never more 
 obftinate than under Augtljlus, when the Commonwealth began to take the Form 
 of a Principality ; fince under his Reign, they were maintain'd by Attcjiis CapitOy 
 Difciple of Ofiliiis, on the one fide, and by Anttfiius Labeo, Difciple of I'rebatiusy 
 on the other: Under 7/^fr//.'j, hy Ma fur i us Sulinus, who had A'^n;^ the Father 
 for Antagonift : Under Cains, Claudius, and Nero, by CaJ/ius Longinus, from 
 whom the CaJJiani had their Name ; and by Proculiis from whom the Proculejani : 
 Under the Vefpafmns, by Celius Sabinus, from whom the Sabijiiaiii, and by Nerva 
 the Son, and Pegafiis, from whom the Pegajim : And under Trajan, Adrian, and 
 to the Time of Antoninns Pius, on the Side of the Salimani and Cajfiani, were 
 Prifais, Javoleiius, Albumins, Valeus^ 1'iifcianus, and Salviits Julianus j and on 
 that of the Proculejani and the Pegafini, Celfus the Father, Cclfus the Son, and 
 Prifcus Keratins. 
 
 AND although after the Death of Antoninus Pius, the Heat of fuch (harp 
 Diii5utes and Contentions was not lb obftinate, whence aroie the Mediani Civi- 
 lians ', who not bearing the Slaxery jurare in 'vcrbo Magiflri, took another 
 Courfe ; but for all that, the Controvcrfies, and different Opinions d'd not ceafe j 
 fo that it behoved, afterwards, to end fome of them by the Decifion of Princes. 
 Neither can Juftiniaii much commend the Care ot his T'riboiiianus, who made him 
 believe, that by his Colledlions he had put an end to all thefe Difputes, and of 
 
 4 
 
 civil. 
 
 Cont. I. Succef. 12. Doviat. Hift. juris 
 
 ' Valla cleg. lib. ;. 
 
 ^ BuJ. AiiDot. in P. P. L I. de juft. Sc jur. 
 
 ' Juftin. in liiftit. lib. i. tic. i. §. Relpunfa. ] ' Emund. Mcrill. lib. i. obf. cap. y 8c 6. 
 
 which
 
 Book I. z/:;^ K I N G D o M 0/ K A P L E S. 25 
 
 ■which that Prince bragg'd ; neverthelefs, a great many efcap'd his Accuracy, and 
 at this time the Veftiges of them are to be feen in the Pandeifx : fo that thofe who 
 were poilels'd with liich a Prejudice by the Boafts ofjiffiiniau, gave themfelves up 
 to believe, tliat there was no clafhini; Contrariety amongft the Laws which lie had 
 colleftcd i altho' when they met with that Contrariety of two Laws, it made them 
 fweat and toil to reconcile them, till at laft they had no other Bufmels upon their 
 Hands, but, as the Saying is, Peliam kvare ; and 'tis Matter of Faft, that very often 
 we (ee Ulpiamis on purpole differ from Africanus, and fo one Civilian from 
 another. 
 
 AMONGST fuch a Variety of Opinions, it would be foolifh to believe, that 
 it could be impos'd upon Magiftrates, ofNeceJlity, to follow them, exccpring thofe, 
 which after long debating, had been receiv'd into the Courts of Juftice: and much 
 lefs in the Time of Augiiftus^ and the other Emperors, down to Coufiautiiw the 
 Great^ during which time, there were Magiftrates adorn'd with many rare and 
 excellent Virtues, and they well knew, by their Learning and Prudence, what 
 Decifions of the Civilians had been receiv'd in the Courts, and confequcntly what 
 had been rejecfted, and what ufe to make of them in their Judgments ; befides that, 
 their Experience and great Knowledge, was able to prevent any Confufion from 
 the Variety of Opinions. Their Prudence, Learning, and exatl Judgment, was 
 not inferior to that of the Civilians themfelves ; fince the Romans fliew'd their 
 Wiidom, not only in eftablifhing and interpreting the Laws, but, as Poiuponh'.s 
 iaith ', they knew very well, that the Laws, with the Interpretations of them by 
 the Civilians, would not be anfwerable Provifion for the Necefluies of the Citizens, 
 if they did not likewifc appoint Judges that were grave, fevere, uncorruptcd, and 
 moft wife, who fhould be able to do Juftice to every body ; great was the Care 
 and Diligence they us'd in making good Magiftrates : Whence that which 'Juflinian 
 fays w as determin'd, that the Judges could not depart from the Opinions and 
 Sentences of the Civilians, ought not to be attributed to Atigiifius, as Cnjacius 
 and others have believ'd, from whom, nor any of the other Emperors of thefe 
 Times, when the Jurifprudence was in its Perfection, can any one Conftitution be 
 deriv'd ; but we muft believe, that 'Juftinian fpeaks of the latter Times of Valcn- 
 tiniiVii III. ^, when the Jurifprudence was in its Decay ; when there were no learn'd 
 and grave Civilians, nor bright Magiftrates, but Ignorance of the Laws, Decrees, 
 and Decifions prevail'd, and every thing was in fuch Confufion and Diforder, that 
 the Judges, by their Infufficiency, knew not how to determine Caules, and were 
 often milled by the falfe Allegations of the Advocates : For remedying fuchMifchief^ 
 it bcho\ed VcJentiniaii to lay down a Rule to the Judges, and to point out to them 
 ■what Civilians they were to confult in giving Judgment, and not to fwerve from 
 their Opinions. He refuted the Notes made by Panlns and Ulpianus on Papimaiias, 
 (but afterwards yiiftinian was of a different Opinion as to that Matter) ; moreover, 
 he ordain'd, that in reciting the different Sentiments, the greateft Number of the 
 Authors fhould carry it ; and if the Numbers were equal, they were to adhere to 
 the Side Papinianus was on : And laftly, that if the Opinions were altogether equal, 
 the Difcretion and Award of the Judge was to take place. Such a Remedy in the 
 Time of Valaitiuian III. was neceffary, the Difcipline of the Law was lb decay'd : 
 It was not {o in the Time of thofe bright Civilians to that of Conftantine the Great, 
 ■when, after Modefiiims, Heriiio^cniamis, and Arcadnis Qn-i/ins, thofe famous 
 Oracles of the Law, there were none to be found ; fince thofe whoflourifh'd under 
 him and his Sons, of obfcure Fame, publifii'd nothing of Moment : The ancient 
 and grave Inftitution of Interpretations and Confultations being quite left off, they 
 \vere contented to teach in the Schools what thefe firft Civilians had treated of and 
 written, of which we fliall afterwards difcourfc. 
 
 W R have thought fit fo far to treat of thefe Civilians, and their Works, only 
 becaufe the Body of the Laws, which after Conftantine was difpers'd over the 
 Eaft and Weft, was compos'd, for the moft Part, of their Opinions ; fince of 
 the Laws of the twelve Tables, after the Incurfion of the Goths into Italy, and the 
 Devaftation of Ko;iie^ when, as Rittcrfiiftus ^ believes, thefe were loft, there were 
 
 • L. 2. D. deorig. jur. I ^ Ritterf. Comm. inXH. TabuIiS, cap- i- 
 
 '■ L. un. cod. Th. dc Rcfp. Prud- Jacob. Got. J 
 loc. cic. I 
 
 K traHTmitted
 
 2<$ 
 
 The Civil History of 
 
 Book I. 
 
 iranfmiitcd to Poftdity, only a few Fragments, which Cicero, Lk'ius, D'tf:yP"s, 
 and yl. GcUius ', have given us of fome of their Books ; and what wr have of then* 
 at this Day is owing to the good Fortune of our Times, and thoie of ( ur Fore- 
 fathers, and to the Induftry of fome able Men, who colleded and interpreted them j 
 amongft the firft of w hich were PJvtrlliiis'^, 0!endcrptt:s Frjlerus, Balduimis, Ccn- 
 tius, Hottomaui'.s, Kev-^rdus, Crifpiir.-.s^ Ro/initi, Pigbius, and Fr. Pltens; to 
 v'hom fiicceeded, I'beodoms Marctlliv.s^ Adriaiins Timid'ns^ J^'fi'-^ Lip/iits, and 
 Couradiis Kitterfnfius ; and lafl: of all, 'tis owing to the great Care and Accuracy 
 of Jacobus Gothofredus, who in his Tables, hath put them in the Order and Dilpo- 
 fition as they were compos'd by the Decemviri. As for the other Laws which were 
 afterwards eflablifh'd by the People of Rome, to wit, the Plebifcita, Decrees of the 
 Senate, and the Edicts of the Alagiftrates, our Fore-fathers had no other Know- 
 ledge of them, but v.hat they had from the \\'orks of the abo\e-mcntion'd ancient 
 AVriters, and efpecially from the Books of thcfe fame Civilians ; in which likewile 
 the Writers of the latter Times have been very careful, who with unwearied Pains 
 have colleded them from various Marbles and Tables, and from the Rubbifh of 
 Antiquity, in which none excell'd Barnabas Bijffoiiius, AvtoJiim Av.gv.ftus, T'r.l-vius 
 UrfinuSy Baldiiinns, Francifciis, Hottowamts, Ltp/iiis, and many other To\'ers of 
 B-oinan Antiquities. The World was fall of the Volumes of thefe Civilians only, 
 bv which the Tribunals govern'd themfeh^es, who ftourifh'd after Aiigufxiis in the 
 Times preceding' Conjfautine ; fo that afterwards, in the Time of Vcileuttnian III. 
 there was a NecefTity, becauft of their Confufion, to make Regulations concerning 
 them ; and in the Times following, their Number was lb great, that it gave occa- 
 fion to 'Ji'.fiinian to compile his Pandefice, which, in the following Ages down to 
 our Time, have made one of the rwo moft famous Parts of the Jurifprudcnce. 
 
 ' A. Gell. lib. 20. cap. i. 
 
 ^ Rivall. lib. 2. hift. juris Civ. Oldendorp. 
 lib. var. feft. ad jur. Civi. interp. Forftcius, 
 lib. I. hift. J. C. Rom. cap. 22. Balduin. Comm. 
 
 ad XII. Tab. II. Cont. ]ib. 2. fubfec. left. Rofin. 
 anriq. Rom. lib. 8. cap. 6. Pighius, lib. 5. 
 Annal. S. P. Q. R. Tuineb. inAJverlay. lib. 13. 
 cap. 26. 8c feqq. 
 
 CHAP. VIII. 
 
 Of the Conptut'tons of the "PRINCES. 
 
 [ F the Number of the Books of the Civilians was great, no lefs after- 
 wards did the Bulk of the Conftitutions of the Princes appear to be j 
 fo that out of them there were many Compofitions and Codes made : 
 Whence all the Body of the Laws is reduc'd to thele two principal 
 Parts ; to wit, the Books of the Civilians, our of which our Jujlniian 
 compos'd his Pande£iXf and the Conilitutions of the Princes, from which Iprung 
 the Compofition of more Codes, and the many Collations by the No'vella, and that 
 befides the Iiiftitiitiones, which were only compos'd to inftrudl the Youth who took 
 Pleafure in the Study of the Law. And feeing the relating of thele Fads hath 
 detain'd me longer perhaps than a general Relation rcquir'd, 'tis incumbent on me 
 now, that with the fame Care I likewife relate diftindly the Conftitutions of the 
 Princes who reign'd before Conftauttne, while the Roman Jurifprudcnce was at its 
 Height ; by which the Knowledge of what I am to treat of in the Profecution of 
 this Hiftory will be m^ide more clear, 
 
 AS
 
 Book r. 
 
 the Kingdom of N A P L E S. 
 
 ^7 
 
 AS foon as the dcfpotick Power was approv'd of by the People of Kcnie, as being 
 more expedient and wholfome for the Commonwealth (^neav.e euini, fays JDJo ', fierf 
 porerar, lit fub pcpv.lt iniprno ea diiituis cjj'ct incnlumts ) all that Power which they had 
 of publifhingthe Laws, was transferred to the Prince, nothing material rcmain'd with 
 them ; therefore the Opinion of Ibme, w ho believ'd that the People of Rome did 
 not ftrip themfelvcs of their Authority, but communicated it to the Prince, is a:i 
 r.rror ib well known, and dcmonftrated by moft able Writers, that, befides its bein^ 
 foreign to our Purpofc, we (hould be cflctm'd very idle if we undertook to confute 
 it : And it would be thought the Height of Folly to believe, that the People of 
 Rome did not ftrip thcmfches, or were not altogether ftripp'd of that Pou er, only 
 becaufe the Roinan Emperor did not take the Title of King and Lord. It was a 
 Piece of great Policy, fince the}' knew that thele Titles were ;.bliorr'd by the 
 People, that they appear'd likewile to deteft them ; and befides, that they might nor 
 all of a liidden, introduce into the Commonwealth a Form altogether new, they 
 kept the lame Magiftrates, and the fame Solemnity of the Ccw/>;v, and Senate ' ^ 
 but in reality, under thele fpecious Appearances, they exercis'd the Kingly Power 
 to the full, as ^^ppianus y^lexandrimis % and Dion •*, aflure us, wlio laj-, Hxc vmnia. 
 CO fere tempore ita fniit inflittite : at re ipjli Cvfar nnus in omnibtss rebus plenum crat 
 imperium hahiturus ; adding afterwards. Hoc pa^o omue popuU^ Seitatufque impc- 
 rium ad Auguftum rediit. And much lefs ought we to fall into that Error, be- 
 caufe the People had a fort of imaginary and empty Privilege in givi'ig rheir 
 Suffrages, or that the Senate retain'd a precarious and Iham Authority of eftablifhing 
 Laws, fince in thole 'I imes there were yet rcm.aining, as ■■Tacitus very wilcly ob- 
 ferves, Vejligia morientis libcrtatis ; whence Jwvenal ', fpeaking of the People of 
 Rome, laid' very truly, that they who formerly gave the Empire the Fafccs, the 
 Legions, and all, in his Time, coveted nothing but only Paneiii & Crrcenfes. 
 
 HOWEVER 'tis true, that the Emperors being Iblicitous to keep up the 
 fame Appearance of a Commonwealth, did not ufurp the Sovereignty all at once 
 but by little and little, and in the Courfe of many Years became afterwards real 
 Monarchs ; fince the Senate of Rome after the Civil Wars, ha\'ing, either out of 
 Fear or Flattery, conferred the Title of Emperor on Julhis Cxfar : that Surname or 
 Title of Honour was afterwards continu'd by Aiigjijliis and his Succcffors, which 
 they found was very well adapted to their Defigns, taking it in a double Senfe 
 and jumbling the two Significations of it together, the firft of which gave them the 
 pure Command in the higheft Degree ; fuch as the Military Command of the 
 General of an Army, and the other rendered their Charge perpetual, and continual 
 in all Places ; it was not lb with regard to the other Offices of the Reman Common- 
 wealth. And although in the Beginning, thele Emperors appear'd to be fatisfied 
 with the abfolute Military Command, and to be exempted from the Forms to which 
 the ordinary Magiftrates were confin'd, by Subjedion to the Sovereignty of the 
 Commonwealth, neverthelels they commanded ablblutely, and diipos'd of the 
 Commonwealth at their Pleafure, for which Caufe Sucionius calls their Command 
 Speciem Principatus *. 
 
 ALTHOUGH the firft Emperors ufurp'd fo great Authority, there were 
 ftill fbme Remains of ancient Liberty preferv'd, while the Comrnonwealth was 
 drooping, after which, by degrees^ all Remembrance of it vanilh'd ^ 'tis not to 
 be doubted, but that the fucceeding Emperors exercis'd, independently, the Cha- 
 racter and abfolute Power of true Monarchs, and Sovereign Princes'; and tiiofe 
 who afterwards fettled intheEaft, a conquer 'd Country, carry 'd it higher. 
 
 S U C H a Power then being lodg'd in the Prince, his Pleafure was a Law ; but 
 by a cunning Politick, they called thele their Decrees, Edids or Conftitutions, and 
 not Laws, fecming willing to leave to the People the Power of makino- Laws ' : 
 Thele Conft'tutions of the Princes were not of one fort, but diffcr'd by the End 
 or Occafion which the Prince had when he made them. Some were calfd Edidts 
 and then the Prince, of himfelf, was mov'd to publilh fbme general Order for the 
 Profit and Good of his Subjeds, direding them either to the People or Provincials 
 
 ' Dio, lib. «?. 
 
 * Sutt. jn Tiber, cap. ^o. 
 
 3 Appian. Alexan. inFrowm-IIift. 
 
 * Die, lib.jj. 
 
 ' Juvcn. Sat. lo. 
 
 * Loyfcau des Scigneuri'cs, cap. 2, num- z6. 
 See Bod in. lib. 1. dc Rep. cap. 8. 
 ^ Loyfcau loc. cit. 
 
 or.
 
 iS 
 
 The Civil History of 
 
 Book L 
 
 or, which was more frequent, to the Praefefius Pr^etorio. Others were caJl'd Kefcriptay. 
 which were iffu'd by the PLmperors at tlie Defire of the Magiflrates, or at the 
 Rcqueft of private Men. Some of thefe were likewife call'd EpiJloLv, and that 
 was when the Prince gave Anlwer to private Men according to their Claim ; and 
 thofe were alio call'd EpifioLv, which upon the like Occafion he fometimes diredteti 
 to the Senate, to the Confuls, Prstors, Tribunes, and to the Prxjc^i P-rxtorio. 
 There were alfb fome that were call'd Orattoncs, direfted to the Senate, by which- 
 the Emperors confirm'd the Decrees of the Senate, and were often fent alio at the 
 Defire of the Senate, or of the Senate and People together. Conftitutions were 
 likewife nam'd Decreta, which were pronounc'd upon A(5ts made in the Prince's 
 Council j which was, when the Prince took Cognizance of the Caule himlclf^ 
 heard the Parties, and pronounc'd Decree. This was a commendable Cuftorrj 
 of the Emperors, ne^•er enough extoll'd by all the Authors of the Auguftan 
 Hiftory ; many Examples of which we have in the 7'beodojian Code ' ; there's 
 alfo another very elegant one in the Pandcfts of Jtiftinian \ And thefe Decrees, 
 although given in particular Calcs, yet by the Dignity and eminent Station of the 
 Perfon who pronounc'd them, they had, in like Cafes, the Force and Vigour of 
 Laws 3. 
 
 W E read likewife in the T'heodojian "* Code, fome Conftitntions caJl'd Pn?^- 
 r/iatica, pronounc'd on Occafion of Demands fent from Ibme Province, City, of 
 College, and the Prince order'd what he thought convenient ; which, when he 
 commanded any thing to be done, were call'd 'Jttjfiones ; when he forbid the doing, 
 any thing, they were call'd Sanftiones. In fine, there were others which were 
 call'd M.indata Principis, and were, for the moll part, Injundlions, dired;ed to 
 the Governors of Provinces, Tax-Mafters, Infpe»!tors, Tribunes, and Ibme other 
 Officers, on Account of Ibme of rheir Occafions, which for the Good and Quiet 
 of the Province, requir'd fpecial Provifion • of which Injundions there is an entire 
 Title in the I'heodofian Code '. 
 
 All thefe forts of Conftitutions of which thcjuftinian and 1'hsodofian Codes are 
 full, were by Ulpinnus * confin'd to three Sorts, to wit, Edi£ia^ Decreta, and 
 Epifiolce ; and alfo Jujiinian himfelf did the fame ', by reftriding them likewife to 
 thefe three. 
 
 I T was a wonderful Thing, that of all thefe Ronian Emperors, who govern 'd 
 the Empire down to Conftantine, Ibme of them being wicked, cruel, and rather 
 IVronfters than of human Kind ; fuch as Nero^ Dnmitian, Commodus, Heliogahah'.Sy 
 Caraccalla, and others ; their Conftitutions neverthelefs fhone with Wiftiomj^ 
 Jufticc, and Gravity ; all of them wife, prudent, elegant, fhort, weighty, and 
 quite different from thofe prolix ones, which by Conftantine, and his Succeflbrs, 
 \vere afterwards publifh'd, being fitter for Orators than Princes' ; which was owing 
 to nothing elfe, but the laudable Cuftom they had in making ufe of the VV^orks of 
 the famous Civilians, without whofe Advice nothing was done, cither in the Go- 
 vernment of the Commonwealth, or in any other ferious Matters. For which 
 Reafon the Jnftinian Code ought to be more efteem'd by us than the ^heodofian • 
 forafmuch as "Jitftinian compil'd likewife the Conftitutions of the Emperors before 
 Cojiftautine, which 'theodojius did not, who only colleded thofe of the Princes 
 from Confiantine the Great, down to his own Time : Wherefore we likewife obferve, 
 that fome Conftitutions, of which the Civilians make mention in the Paiideif^^ 
 are to be found in the Jiijiinian Code, but not at all in that of J'beodofius. 
 
 ' L. ult. C Th. qui bonis ccderc, &c. L. 
 mU. de off judic. lib. i, de his, qui admin. Jib. 
 J-. & 8. de fide teft. 
 
 * L- ?• D. de his, qui in teftam. del. 
 
 ' L. I. ^ I. D. de Conft. Prin. 1. ult. C, do 
 lecib. 
 
 " L. 3. C. Th. de dccur. & filent. I. 36. d* 
 ann. & trib. 1. f 2. dc Hrrcticis, 
 5 CTh. de Mandatis Principum. 
 " L. i.D deConft. Princ. 
 ' Juftir. lib. I. tir. 2. §. led & quod prlncipjl 
 ' Arth. Duck lib. j. cap. 9. num.9. & 'o- 
 
 CHAR
 
 Book I. ^/j^ FC I N G D o M 0/ N A P L E S. 
 
 ^9 
 
 CHAP. IX. 
 
 Of the Papirian, Gregorian_, and Hermogenian Codes. 
 
 H E Conftitutions of thofe Princes who flourifli'd after Auguftus^ 
 down to Cotiflcintine the Great ^ were, for their Excellency colle<5lcd 
 into certain Codes. The firft Colledion, altho' not Univerfal of 
 all the preceding Princes, lecing they have not been tranfmitted 
 to us, was that, which Papinus Juftus made of the Conftitutions 
 of Vertis and Autnnhius, which famous Civilian, whom Juftinianus 
 mentions in his Pandeiia., flourifli'd in the Time of Septimiui 
 Severits, and compil'd the Conftitutions of thefe two Brothers, dividing them into 
 Twenty Books '. Jacobus Lalittus % in his ingenious and moft ufeful Work de 
 iiidice Legum, makes a Catalogue of all the Laws which Iribonianus colle<fted out 
 of thefe Twenty Books of Papirtus. Neither do we find that there were any other 
 made afterwards, except thefe two of Gregorius and Hertnogeyiianus the Civilians, 
 who flourifli'd under Conjlantine the Great and his Sons, and from them the two 
 Cedes took the Names of Gregorian and Hermogenian. In thefe two Codes were col- 
 lc<5ted the Conftitutions of feveral Princes, beginning with the Bm^tror Adrian down 
 to Conjiantine j fince, in the Gregorian Code, there is related a Conftitution under 
 the Confulfliip of Dioclefnin in the Year 296. ten Years before the Empire of 
 Conftantine K Thefe two Civilians propos'd the lame Epocha, and both of them, 
 in their Codes, coUefted the Conftitutions of thefe Princes promilcuoufly, who 
 reign 'd from Adrian to the Time of Conftanthie the Great, which is manifeil from 
 the Laws contain'd in them ; whence Jacobus Gatifredus ■* defervedly blames 
 Cujacius for an Error, in his aflirming that Gregorius and Her mogeni anus intended 
 different Epochas, and that, in their Codes, they relate the Conftitutions of feveral 
 Princes, not promifcuoufly, as they really did, but that fbme were related by 
 Gregorius, and fome others by Hermogenianus. 
 
 JACOBUS GOriFR E D [/S, not without Reafon, believ'd, that thefe 
 Civilians did begin their Colledtion from Adrian, and not from the preceding 
 Princes, bccaufe Adrian was believ'd to be the AuthcA* of a certain new Jurif- 
 prudentia, by his famous Editlum perprttium, which he eftablifli'd ; the Matter and 
 Order of which ferv'd for a Standard and Model of Jurifprudence ; and it is the 
 moft excellent Body of the Row^wLaw, which we have at this Day : And which 
 is a manifeft Sign of it. Her imfeni anus himfclf % in his epitomiz'd Books, the 
 Remains of which we owe to Jtijinnnn, propofcs to foBow the fame Order of the 
 Edi6funt perpetmm. The Order was very Cngular atid remarkable, into which he 
 put the Adminiftration of Publick and Court Offices, and alfo the Military Aflfairs 
 which Order was conftantly oblerv'd to the Reign of Oinfianthie, who began to 
 change it ; and afterwards, in the Time of ^heodcfius the Tounger, it was totally 
 chang'd, and the Jurifprudencc trad a quite differetrt Afped, as fhall be feen in the 
 Courfcof this Hiftory. Neither doth i< appear unlikely, what Gotifredtis * fufpefts, 
 that thefe Codes, in the Time of Conjiantine and his Sons, who were Chriftian 
 
 ' Jacob. Got. prologom. ad C. Th. cap. i. 
 Angel. I'olit. cp. 9. lib. f. ad Jacob, modertum. 
 * Jacobns Labittus in indice Legum. 
 ' Jacob. Cot. im prologom. ad C. Th. cap. i. 
 
 * Jacob. Gotifr. locn cic. 
 
 * Hermog. lib. z. D. de Statu hom. 
 ' Got. loc. cic. 
 
 Emperor^j
 
 ■>t) The Civ It History o/* " Book L 
 
 ) •' 
 
 Emperors, were made ufe of by thcfe Heathen Civilians, at leaft to retain fbme 
 Shew of ancient Jurifpriidence ; fince that by the new Laws, which by them, and 
 other Chriftian Emperors were frequently publifli'd, a remarkable Change appear'd 
 in it ; and that there were fuchjHeathen Civilians in the Time o^CnnJiajitine and his 
 Sons, the laudable Gotifredus, upon very ftrong Conjeftiires, affures us. 
 
 HOWEVER 'tis uncertain, whether it was by publick or private Authority 
 •that XIregorius and Hc-nnogeniiy.nns compos'd tliefe two Codes : A Place in Egmeta, 
 related by Gotifredus, would perfuade us to believe, that they were written by 
 private Authority : But be that as it will, 'tis certain that the Authority of thefe 
 Codes was very great, and they were publickly receiv'd j fo that the Advocates 
 and Writers of thefe Times, and much later, -yVhenever they had occafion to 
 cite any Conftitution, made ufe of all their Books. St. Augujimc ' took the Ad- 
 vantage of them, as is plain, in Lih. 2. ad Pollentiiun^ where he cites a Confti- 
 tution of Antoumus from the Gregoi-ian Code, which had been negleded in the 
 fiijiiniaii. The Author of the Compariibn between the Mo/kick and the Roman 
 Laws likewife made ufe of them, who, according to Freherits ^ and Gotifrcdus ', 
 flourilh'd in the Sixth Century, fooner therefore than Ju(imian^ and in the fame 
 Age with Cajjiodorus : By him likewife is cited a Conftitution of Dioclefians from 
 the Gregorian Code, Lth. 5. de Nitpf/is ; part of which was inlertcd by Jiijihitan 
 in his Code •* ; and from the fame Gregorian Code there is another reported, mark- 
 ing alfo the Confulfliip of Diocleftan in the Year 296. The Author of that an- 
 cient Comparifbn likewife makes ufe of them, which being preferv'd from the 
 Injury of Time, by the Induftry of Qijacitts, are to be read among his own 
 Works, in citing the Hermogcnian Code, Lib. 2. de Caltmniatorihits. And laftly 
 ^riboniantis makes ufe of them, who from theft two Codes, and that of T'beodo/ius^ 
 compos'd his own by the Order of Jnftinian. Befides, the Author of the faid old 
 Comparifbn, Papiniainis in his Book of Anfwers, and other Writers of latter Times, 
 as (hall be told in its Place, made ufe of the Compendium of them. Of theft two 
 Codes, there are ftarcely any Remains left us, but fbme Fragments, which by the 
 Toil of Iriboniams have reach'd us, and which arc owing purely to the Care of 
 Cujaciiis. 
 
 A S for the Compiling of the 'fheodofian Code, it being made many Years after 
 the Time of 'fheodofiiis th? Totmger, we fhall have Occafion to treat of it at large^ 
 when we come to fpeak of the famous Deeds of that Prince. 
 
 ' S. Auguft. lib. 2. ad PoUentium, de Adul' I ^ Got. in prolog, cap. ;. 
 terio, cap. 8. J * L. 7- C de iiiccft. nupt 
 
 * Freherus pareg. 9. 
 
 CHAP.
 
 Book r. 
 
 the Kingdom of NAPLES. 
 
 31 
 
 CHAP. X. 
 
 Of the ACA'DEMIES. 
 
 O T only in thefe moft flouriftiing Times, and efpecially under 
 the Emperor Adrian, by ib many famous Civilians, and by the 
 VVifdom of that Prince, by his Edid, and by lb many Confti- 
 tutionsof the other moft knowing Princes, was the Jurifprudence, 
 and the Study of it, in its greateft Splendor, and at the Height 
 of its Greatnefs ; but the two celebrated Academies of the 
 World, that of Rome in the Weft call'd the Athenaum, and 
 the Schola of Bcrytis in the Eaft, were likcwile two bright Ornaments of it. 
 
 S E C T. I. 
 
 Of the ACADEMY of KO M E in the JFef. 
 
 BEFORE Adrian, there were no publick Academies in the famous City of 
 Kome. The Matters taught in their private Chambers, which they call'd 
 Pergulne ; there it was the Youth were train'd up ' : and the Civilians themfelves, 
 befides their commendable Employments of Interpreting, Writing, Anfwering, 
 Confulting, and others above-mention'd, ufed to teach the Civil I-aw to the 
 Youth in their Houfes : And Cicern tells of himfelf, that he was employ 'd in thefe 
 Studies under the Difcipline of ^ Scevola, Son of Publitis, altho', as he faysj 
 Nemnii ad doceiidiim fe dabat \ Labeo ^ divided the Year thus ; fix Months were 
 employ 'd in Kome by the Students, in learning of him the Legal Difcipline, and 
 the other fix Months he retired to his Country Houfe to compole Books, of which 
 he left four hundred Volumes. Sabitiiis, as Pomponius relates "*, not having Means 
 fiifficient of his own, was often fiipply'd by his Scholars ; Huic nee ampla Facul- 
 tates fucrtint : fed pluriinum a Jiiis auditortbus fuftentatus eft ; arid {o it was 
 praftis'd in other Profeflions, as the Mathematicks, for which we have the Tefti- 
 mony of Suetonius ', and for Grammar, we have the Author of the illuftrious 
 Grammarians. 
 
 ADK JAN was the firft, who in the eighth Region of the Formn Komanum, 
 founded the Atbenceum^ where Difcipline and Learning were publickly taught ; and 
 that Place, which is fituated at the Foot of the Aventine Hill, reuins the Memory 
 of the Greek Schools to this Day *, forafmuch as the Profcffion of the Latm 
 Eloquence was no lefs ftudied there than that of the Grecian, and the Rhetoricians 
 and Latin Poets had their Stations there as well as the Grecian. Dio % Lampri' 
 dius, Capitoltnus, Gordtanus, and Simmacus ', make honourable mention of this 
 Atbenxura. 
 
 • Sueton. in Craditio Grammatico. 
 
 * Bud. in Annoc. ad Pan. L. i- Je juft. & 
 
 lur. 
 
 ' L- 2. D. deor. jur. 
 
 * Cit. L 2. D. de Orig. jur. 
 
 ' Suetofi. in Augurto. 
 
 * Jacob. Got. in C. Tli. lib. i. dc Medic. 
 
 ' Dio in Juliaiio, Lanipr. in Alex. Severo. 
 Capitol, in Pcrciiiace. 
 
 • Simmac lib. i. epift. ij-. 
 
 ALEX-
 
 ^ I 7he Civil History of Book I. 
 
 ALEXAy^BEK SEVEKUS enlarg'd it, and put it in a more noble Form. 
 He eftablifh'd Salaries for the Khetoriciaiis, Pbyfictans, Grammarians^ and all 
 the other Profeflbrs. He inftituted the publick Aiidttoria, and allotted fbme 
 Revenues to the Students, whofe Parents were Poor, in order to make them 
 ingenious '. 1 he Romans did not make thefe Men of Letters an Order by them- 
 lelves, but they were rcckon'd of the third Rank ; and they had not fo many 
 Perfoni as we have, who took themfelvcs to Learning as their Profeflion or fpecial 
 Calling K Next to the few they had of them, were thole of the Military Pro- 
 feflion, which in a manner were perpetual Employments ; lb that they were had 
 in more Efteem with them, than with us, and they honoured them with very 
 great Privileges, as may be feen in the fbeodofian Code. 
 
 S O that by the Renown of that famous Academy, the Youth from all Parts 
 flock'd to Rome, in great Numbers, to acquire Learning, and efpecially the Legal 
 Difcipline. It was not our Provinces, which now make the Kingdom of Naples, 
 only, which fent their Youth to ftudy in Rome, but likewife thole more remote and 
 diftant ; they came not only from France^ but alio from Greece and Africa. There 
 are yet Ibme Veftiges remaining in our Pandefts, which aflure us of the Cuftom of 
 fending our Youth to ftudy in Rome : We have an Advice oiSce^oUCs.^ in favour of 
 a young Man, who Sttidiorum caufa Romx agehat, reported by Ulpiamis ', who was 
 likewile fpcaking of the Provifion which was ordinarily given by Fathers to their 
 Sons when they fent them to Rome to ftudy : and this fame Civilian * elfewhere 
 makes mention of that Cuftom of fending the Youth to ftudy in Rome j of which 
 alio Modejimus ', and others of our Civilians give an Account. And the Grecian 
 Youth came to Rome., particularly to ftudy the Laws ; whence it was, that the 
 impudent Luft of Domitian was likewife made notorious, who caufed Area to be 
 imprilbn'd, a comely Youth, who came from Arcadia to Rome to learn the Juril^ 
 prudence, only becaufe, by a rare and memorable Example, he would not conlent 
 to his unchaftc Dcfires * ; for which the Youth, according as Pbiloftratns ' has it 
 all in Tears, blam'd his Father, becaufe he could have been taught the Grecian 
 Learning in Arcadia., but he would fend him to Rome to learn the Laws. The 
 Greeks themfelvcs, who arc not ufually fatisfied but with themfelves, and their 
 own Things, were even oblig'd to confefs, that from the Roman Laws only, was 
 to belearn'd a juft and upright Rule of Manners ; whence D:o Cbryfofiomus ^ ha- 
 ranguing the Cortntbtansy and endeavouring to perfuade them, that he having been 
 long in Rome., with the Emperor Trajan, had always liv'd vertuoufly, made ufe of 
 this Argument ; That he being in Rome, had been in the Center of the Laws, and 
 thole who convers'd in them could not go aftray. They came likewile from 
 Africa., as in the latter Times the incomparable Augiijiiue 9 teftifies of Alrpius of 
 whom he lays, that Romani proceferat, tit jus dij'ceret. From France, and the 
 other Weftern Provinces in Times left remote from us, the Concourfc of Youth was 
 frequent in Ro7ne for ftudy ing the Laws. Of Germanus Bilhop of Auxer re, Henry of 
 yft^xfnr in his Verles '" witnelTcth. And Conjiaiitius in his Life fays ", Poji aw 
 ditoria Gallicana, intra Urhem Romam juris Scientiam pleiiitudini perfefiionis ad' 
 jioit. Rtitiliiis Numatianus ' ~, Ipeaking of Palladtus a noble Fre-ncb Youth, fays 
 that he had been fent to Rome to learn the Laws ; 
 
 Facundis Juvenis, Gallorim nttper abarvis 
 Miffus Romani difcere jura fori. 
 
 AND Sidonius " Apollijiaris pcrfuaded Eutropius, to go to Rov}e to learn the 
 Law, for which Caufe he call'd it Domicilium Legum : Whence not only from the 
 
 ' XJimpr. In Alex. Severo. 
 
 * Loyfeau des ordres, cap. S. 
 
 ' Ulpian. L. cum filius, D. dc reb. credit. 
 ** Ulpian. L. Longius, §. ult. D. de judic 
 ' Modeftinus, L Titto, D. ad Munic. 
 
 * Altefer. rer. Aquitan. lib. 2. cap. 5-. 
 ' Phiioft. lib. 7. de vlt. Apolf. cap. 17. 
 
 * Dio Chryfoft. orar. 87. Altef. loc. cic. 
 ' Auguft. lib. 6. Conf. cap. 8. 
 
 '* Erric. Altiflioflor. lib. i. dc vira S. Germ. 
 
 Incirus his animus, rallquc cupidine raprw 
 Qua caput eft orbis rerrarum maxima Koim 
 Tendit iter, Latii nodos addil'ccre juris, 
 Et didicir, palmamque brevi tulit ille la» 
 boris. 
 
 " Confrant. in vita S. Germani, cap. i. 
 '^ Rutil. Numat. lib. i. itinc. 
 '* Sidon. lib i. epift 6 
 
 Writers
 
 the Kingdom of NAPLES. 
 
 Book I. r/Jd" IV r N G D o m or iN A r jL t. b. ^ <> 
 
 Writers of thofe Times, but alio from the fuccecding, did Rome deferve thefe 
 Encomiums, not only for Jurifprudence, but likewife for Eloquence, and all other 
 Dilcipline. Thus we read in Claudi.^n, that Rome was call'd Armcrum, Legiwique 
 Pareutcw, qux prima dedit cuvabnla juris ' ; and ellewhere, Legum Genctricem : 
 and by Simi/iacbiis, Latiaris facuiidix domiciliv.m * ; and Eiiuodins, Hierom, CaJJio- 
 doriis, and many other Writers gave her fuch like Epithets. 
 
 S O great was the Care and Study of the Emperors, to be watchful over the 
 Decorum and Re-eftablifliment of that Academy, that in the Time of Valcntiniaii the 
 Elder, Rome being now decay'd in its ancient Splendor, and the Youth being given 
 ro all forts of Luxury and Vice, infomuch that the Academy was much fallen from 
 its Inftitution, and many Abufcs having crept into it, that Prince, who had 
 the Care of the Exercilcs of Rome much at heart, thought of redreiling thefc Dif- 
 orders : He publifh'd there for that end, that famous Conftitution, which in the 
 Year 370. he diredcd to Olilrius, Pra:fe6l of that City, part of which may be 
 yet read in the 1'heodofidH Code \ where he eftablifh'd eleven Academical Laws for 
 redreffing {b many Abufes, of which in a more proper Flace I fhall fpeak : So 
 that being reflor'd by thefe Laws, it might, for a long time after, maintain its 
 Splendor, and draw to it felf, as before, the Youth from all Parts of the \\ eft for 
 attaining Learning, and efpecially the Jurifprudence. So in the Time of Theodorick 
 the Ojirogoth, we fee the Cuftom of fending the Youth to Rome for Inflrudtion con- 
 tinu'd ; but he would not allow them to return home, until they had compleated 
 their Studies in that City. In effedt, he deny'd fuch a Licenfe to Pbilagrins, altho' 
 he deferved well at his Hands, who having tent fome Nephews to Rome to fludy, 
 and being about to recal them, he order'd Feftus to hinder them from departing, 
 extolling mightily the Refidence in Rome for Youth ; Niilli fit ingrata Rcma, qtix 
 diet lion potcji n.Uena : il.'a eloqucntia fosctiiida mater : ilia 'virtnttim omnium Lctiffi" 
 mum ^emphnn *. He deny'd it likewife to Valerianus, who had fent his Sons to 
 fludy at Rome ; he wrote to Simmachits not to let them go '. The fame Injundliort 
 was continu'd by Athalarick his Nephew, who, imitating J^alentiniaii, took 
 ipecial Care of it ; and we read yet in Caffiodorus ", a Letter he wrote for that 
 purpofo to the Senate of Rome, in which he enjoyn'd the Studies, and re-eftabliTn'd 
 the ufual Salaries, for thofe who taught in that Academy j in wh ch, befides the 
 Grammarians, Orators, and other ProfefTors, there were Expofitors of the Lawsj 
 by which new Reftoration, Rome might afterwards, and alfo in the mofl barbarous 
 Times, deferve thofe Honours and Encomiums, which mofl of the Writers of that 
 low Age gave it, which are collected by Savaro on Sidonius ApoUinaris '. 
 
 ' Claudian. in Panegyr. ^. Stlliconis. 
 * Simmac. lib. 3. cpifc. 6S. 
 ^ C. Th. L. I. C. de fcudiis liberalibus urbis 
 Roms. 
 
 1 
 
 ;9- 
 
 "* Cadiodor. lib. i. var. 
 ' CafTiodor. lib. 4. cap. 
 * CafTiodor. lib. 9. cap. zi. 
 ' Savaro in Sidon. lib. i , ep. 6 
 
 SECT. II. 
 
 Of the ACADEMY of B E R Y T I S in the Ea/i. 
 
 BE R T't 1 Sj a City in Phosnicia in the Eafl, was fb deferving at the Hands of 
 ^heodofius the Tounger^ that he adorn'd it with the Title of Metropolis of 
 Pbocnicia, as he did Tyre : A City no lefs famous for the Study of the Laws in the 
 Eafl, than Rome in the Weft ; and as the Civil Law was taught at Rome in Latin, 
 fo it was at Berytis in Greek. On account of the famous Academy eftablifh'd here, 
 it was call'd the City of Laws, becaufe it replenifh'd the World with them. By 
 whom this Academy was inftitutcd is not certainly known : 'Tis beyond all Difpute, 
 that it flourifh'd a long Time before the Reign of Dioclefan the Emperor, as is 
 manifeft from a Decree of that Emperor, which we fee in the Jv.flinian Code ', 
 
 L. i. C qui jctat. vel profelT. fe cxcuf. lib. 10. 
 
 M 
 
 dircded
 
 5 .^ The Civil History of Book \\ 
 
 dirccled to Severitius, and other Scholars in Arabia^ who, for learning the legal 
 Diicipline, ftay'd in Berytis. 
 
 ALL the Youth of the Provinces in the Eaft flock'd to this City, as to the 
 Manfion-houfe of the Laws. A moft clear Teftimony of which, is that which 
 Gregoriits ^baumaturgus^ Bilhop of Nsocxfareay gives us in the Panegyrical Oration 
 on Oi-izen ', where he tells, that he had learn'd the Roman Jurilprudencc in the 
 Academy of .B«7^/5, famous for the Study of all ProfelTions, but particularly for 
 that of the Law. Neither was the Fame of this Academy lels under Conftantius 
 and Conftaus about the Year of Chrift 350. The ancient Geographer* (which 
 Author we owe to the Diligence of the learned Civilian G. Gotifrediis ) who flou- 
 rifli'd at the fame time, fpeaking of the City of Berytis, and of the Academy of 
 the Laws, fays thus, according to the ancient Latht Tranflation ; Berytiis Civitas 
 'valde delttiofa, i3 Auditorta legum habens, per qua omnia judicia Komanorum. Inde 
 enim tiri doSfi in omnem orhem terrarv.m adfideut judicibus, & Scieiites Leges ciijio- 
 diunt Provincias, quibtis niittuntur Legum ordmationes. For which Caufe, KoJUtus ', 
 in his Dionyfiacks, faid, Ihat Berytis fill'd all the World with Laws. Eimafitis 
 " likewile, who flourifh'd under Conftantius, Zacharias, Scholafticus ', and Libanius^^ 
 who liv'd under Valens, upon the fame Account, call'd her the Mother of the 
 Laws. And in the Time of Valens the Emperor, there was fuch a Crowd of 
 Youth in that City learning the Laws, that Libanius himfelf was forry for having 
 neglected the Study of Eloquence for that of the Laws. And Agatbias % fpeak- 
 ing of the Ruin of Berytis, occafion'd by an Earthquake which deftroy'd almoft 
 the whole City, affirms, that there was a great Slaughter among the Citizens, and 
 thofe who were learning the Laws of Konie. Laftly, our Juftinian ' calls Berytis 
 the City of the Laws J and in another Place, the Nurfe of them : Whence he 
 caus'd Dorotbeus and Anatolius to come, that they might, jointly with the others, 
 have a Share in compofing the Digefts, and would not allow the Explaining of 
 the Laws to any other Academy in the Eaft, but to thofe of Berytis and Con- 
 ftantinople ( becaule this laft was founded in his Time by Si'heodofius tbe Toiniger, in 
 the Year 425.) as in the Weft to that of Kcnie. 
 
 THERE were, in thefe Times, in fome Cities of the Eaft, other Aca- 
 demies, where Learning was profefs'd, as in Laodicea, of which Alexander Scverus 
 makes mention in one of his Conftitutions, which we read yet in the Juftinian 
 Code ». In Alexandria, call'd the Mujltum, of which Agatbias fpeaks '° ; and in 
 Ccefarea. So in the Weft, beCdes that famous one at Kome, fbme Cities had like- 
 wife their Schools where Youth were taught. Neither did our Naples want ; of 
 which, when we come to treat of the Eftablifhing of the Neapolitan Academy, we 
 fhall fpeak ; Frederick the iecond. Emperor, was not the firft who built it from 
 the Foundation, but that City had always been, as the fame Frederick calls it, 
 Antiqua Mater, & don/us ftiidii ; for which Caufe he was induc'd to renew its 
 ancient Studies, and enlarge it to a more noble and magnificent Form, advancing 
 the Neapolitan Academy above all others ; and for that End order'd, that the 
 Youth, as well of that Kingdom as thofe of Sicily, fhould go to Naples for 
 learning Difcipline, of which we fhall difcourfe more at large when we come to 
 treat of that Re-eftablifhment. There were not wanting Schools in the other 
 Greek Cities in thel'e our Provinces j but thofe Schools, while Rome flourifh'd, 
 remain'd oblcure, as fbon as the Atbencenin appear 'd ; and after Rome had fpread 
 its Laws over the whole Empire, the Weftern Provinces fent their Youth to that 
 City, as their Mother, to be taught them ; as thofe of the Eaft fent theirs to 
 Berytis. And thefe leffer Schools were entirely iupprefs'd, when Juftinian gave 
 the Privilege of Explaining the Laws to three Cities only, to wit, the two Rornes, 
 and Berytis ; not to Alexandria nor Cxforea, nor, in fine, to any other Cit)- of 
 the two Empires. 
 
 ' Gregor. Thaumat. in Pancg. ad Origen. 
 Socrat. lib. 4. cap. 22. Alteler. rer. Aquitan. 
 lib. ?. cap. f. 
 
 * Vetus orbisdefcriptio, num. 17. ^. 5. 
 
 ' Nonn. lib. 41. Dionyf. v. 174. 
 
 ^ F.unap. in vita pro. pag. i f o. 
 
 ' Zaccar. Scholafc. de Opis. Mund. 
 
 " Liban. Qrar. 26. Apolog. pag. 5-2 f 
 ep. 529. Sc 4fo. ad Anatol. 
 ' Agat. lib. 2. Hilt. 
 
 * Jul'tin, proocm. Dig. 
 
 * L. z. C. de incolis-. 
 '" Agar. lib. 2. 
 
 " Petr. de vin. lib. j. cap, \o- 
 
 Sc 
 
 WE 
 I
 
 Book r. //^^ K r N G D CM 0/ N A P L E S. 55 
 
 WE (hall not here mention the Academy o£ Conftantimple^ as being a long time 
 after the Year 425'. founded by TbeodnfMs the Toun^er, and rcduc'd into a For™, 
 of which we (hall give an liflay in the following Book of this Hiflory. 
 
 SECT. III. 
 
 BEHOLD in what flourifhing Condition thefe our Provinces were, before the 
 Reign oCConjiajitiue, when every City ftudied to put in order her own Polity 
 and Government, in Imitation of Rome, of which they boafted of being fmall 
 Refeniblanccs and Images: When they liv'd according to their own Laws; and 
 when the Koinan Jurifprudence, which was their Rule and Pattern, was arriv'd to 
 its Height, and the greateft Efteem ; if we either confider the Favour of the Princes, 
 or the Wildom of their Decrees, the Knowledge of the Civilians, the Majefty of 
 the Academies, and the Learning of the Profeflbrs, or the Probity of the Magiftrates. 
 'Tis well known, that fome merely out of too great a Love for Novelty, and of 
 being made remarkable by fome Extravagancy, could not contain themfelves from 
 blaming the Konian Laws, as being too fubtle and far-fetch'd, and often repugnant 
 to good Senle, and the common Underftanding of Men. Others again, have pre- 
 fum'd to examine into, and rejeft fome of them, as contrary to Reafon and Equity. 
 Others have compos'd particular Treatifes, which George Pafquius hath related ' ; and 
 among us the Cardinal de Luca hath attempted it likcwife, in feveral long Difcourfes *. 
 But they might eafily perceive how far they were mifled, who with the weak and fhort 
 Sight of their Underftandings, have pretended to impugn a Truth, evident for fo 
 many Ages, and profels'd by the greateft Men who flourifh'd when Mankind had 
 reach'd to fuch an Elevation and Eminency, that the like was never known before, 
 and we don't know that itfhall ever arrive again to that Sublimity, which was won- 
 derful as long as the Roman Empire lafted. The Romans gave us wile and juft 
 Laws, as by Experience they are known to be moft ufeful, conformable to natural 
 Equity, and adapted to civil Society, and human Commerce : If it wereallow'd to 
 every one to make himfelf Judge of the Laws, and by his own Judgment and Caprice 
 to give Direftions about what might be needful in thefe Matters, we fhould fee 
 every Man, by trufling to his own Underftanding, maintaining his own Opinion, to 
 be equal to that of any other; whence Diforders and Confufion, and at laft, a 
 deplorable Scepticifm would be introduc'd among us. Solon being ask'd. If he had 
 given the mofi juft and wife Laws to xhc Athenians} anfwer'd, The beft, having 
 made them moft fuitable to their Cuftoms, and fitted for their Advantage ; foraf^ 
 much as the Juftice and the Knowledge of the Laws depend not on abfbracted and 
 metaphyfical Reafons, but on their being beneficial to the People, to Commerce and 
 Civil Life, of which the Romans for many Ages gave fufl^cient Teftimony ; whence 
 it came, that altho' the Empire was ruin'd, yet the Majefty and Ufe of their Laws 
 was continu'd in the new Dominions that were eftablifh'd in Europe. The Utile and 
 Honeftim are the Rule of Laws, and thofe will always be found jnft which prove the 
 Utile and Ilonejlum of the People ; which deferves a Treatife by itfclf, but 'tis not 
 to our Purpofc. There are others who fill the World with Complaints againft the 
 Romans on account of the Multiplicity of fo many Laws: That Complaint is not 
 new, but very old, even fince the Time of the Free-Commonwealth ; fo th^t Cxfar * 
 and Pompey thought ofgiving fome Remedy to it, by reducing the Row.?;; Jurifprudence 
 to a certain Order, which could never be put in Pradlice by fo famous Men, much 
 lefs can it be expeded to be done by others, being an Undertaking altogether 
 impradicable and impoffible. But thele Complaints had been better beftow'd, had 
 they been levell'd at the Depravity of the Manners of Men, their Ambition, and 
 DifTolutenefs, than at the Laws ^ for 'tis very certain that the Multiplicity of Vices 
 are the Caufc of the Multiplicity of Laws, and the one always produceth the other, 
 •w\\tnct Arcefilaus * was wont to fay, That where there are many Medicines, and many 
 
 ' Gcorg- Pafq de nov. invcntis. 1 ' Sucton. in Jul cap. 2\. Cic. lib i. de oiac. 
 
 * Card, de Luca, confliil. les;is, & rat ♦ Joh. Srob. Seni. 12. 
 
 Phyficians,
 
 1 6 The Civil History of Book t. 
 
 Phyficians, there are always abundance of Difeafes : So where the Laws abound, there 
 is much Injufticc ; neverthelefs there is not much Injuftice, and many Vices, be- 
 caulc there be many Laws, but there are man)' Laws becaufe there are many 
 Vices : For to redlify the corrupt Cuftoms of Men, there was no other Remedy 
 but that of the Laws. The Knman Empire had been ruin'd much fooner, if from 
 Time to Time the Wifdom of fome Prince had not given Remedies by means of 
 the Laws. The Konians had always many domeftick Examples before their Eyes, 
 which taught them, that there was no Bridle fb powerful againft the Diflblutenels 
 of Aten, as the Laws. They well knew, that from the Beginning of their Com- 
 monwealth, nothing was more eagerly coveted by the licentious Row^w Youth, than 
 not to be govern'd by Laws, and that every Thing might be remitted to the King, 
 and to his Determination ; and that for no other Reafon, but that which Livy 
 reports with great Elegancy ' : Rcgcw^ faid they, honi'uiem ejfe, a quo iiupctres uhi 
 jus, ubi injuria opus fit ; ejje ^ratix locum ^ ejfe benejicio, & irafci, & iguofcere pojfe : 
 Inter c.micuiu^ i3 inimicum difcrinien nojje. Leges, rem Surdam, inexorabilem ejffe, 
 Salubriorem, nieliorenique inopi, quani potcnti ; nihil laxatncnti vec t'cnix habere, fi 
 modtim exccjfcris : Pericnlofum efj'e, in tot humanis erroribus, fola iwiocentia vivere. 
 Sentiments too licentious and hurtful, and diredtly oppofite to that which Arijiotle 
 teacheth in his Politicks '^. Where there is a Commonwealth without Vices, 'tis 
 certainly as wrong to load it with Laws, as it would be to apply Medicines to a 
 found Body. But if it be given to Riot and Luxury, and threatens Ruin, there's 
 no other Remedy but to have recourle to the Laws. And it were much better in 
 that Cafe, that the Commonwealth fhould abound in Laws, which forefec and op- 
 pofe themfelvcs to all Vice % than to remit every Thing to the Determination of the 
 IVIagiftrates, whofe Judgments are fubjedt to Paffions, and the Machinations and 
 Snares of Pleaders. 
 
 'TIS certainly true, that the Corruption of Manners can't be fufficiently redrefs'd 
 by the Laws ; and in this Cafe, that grave Inftrudion of Bacon Lord IWulam •», 
 can't be enough commended, which Princes ought always to have before their Eyes, 
 who favs. That their greateft Care and Thoughts ought not to be fo much about 
 redrefling of Abufes and Corruptions by the I,aws, as in watching over the Educa- 
 tion of the Youth. All the Severity of the Laws fhould be employ 'd about their 
 Education, fince by that Means the Number of Vices would be in a great meafure 
 leflen'd, and confequently the Number of the Laws. They (hould be chiefly intent 
 about re-eflabli(hing and providing the Academies with good Statutes and ProfefTors. 
 Of late we have feen fbme Care taken to reftore the Colleges for the Education of 
 Youth, in which the Jefuits have been eminent. But now again they begin to fall 
 off from their firft Difcipline, we fee likewife the ancient Fervency abated, and all 
 the good Inftitutions corrupted. Thefe Things require a Cenlbr rather than an 
 Hiflorian ; therefore what we have hitherto furmifed being fuflRcient for a Prepara- 
 tive to what is to follow, after having given an Account of the Ecclefiaflical Polity 
 of thefe Ages, we fhall take a Step to the Reign of Ccnfiantine, fj-om which this 
 Hiflory takes its Beginning. 
 
 ' Li V. lib. I. I jar. 6. 5. Adam. Rupert, in Com. ad Pomp. 
 
 * Arift. lib. 5. Polir. } cap. 6. 
 
 ^ Georg. Pafq. cap. /. de var. fortun. doftr. I ** Bacon, de Augum Scicntia, lib. i. 
 
 CHAP.
 
 Book I. 
 
 the Kingdom of NAPLES, 
 
 37 
 
 ^'^f^s^i^^y^^'v^ o,<c>.'^--f^.'' 
 
 MiQ^ 
 
 CHAP. xr. 
 
 Of the EccJeJlaflkal Polity hi the Three Jirfi Centuries. 
 
 HE newChriftian Religion, which fromjefus Chr'ifl our Lord, began in 
 the Time ofO^avius Auguftus to fpread itfelf amongft Men, made known 
 unto us two Powers in this World, by whom it was neceflary it fhould be 
 govern'd, the Spiritual and the Temporal '. The Spiritual in the 
 Priefthood or Ecclefiaftical State, which adminifters Divine and Sacred 
 Things : The Temporal in the Empire or Monarchy, or the Political State, which 
 governs Human and Prophane Things j each of them having its different Objef^s : 
 The Princes becaufe they are to take care of worldly Things ; thePriefts of Spiritual. 
 Each having his own Power different and diflindl ; that of the Prince to punifh or 
 reward with corporal Pain -, that of the Priefts with Spiritual. In Ihort, to each 
 was given his own Power apart ; hence, not without Reafbn, the Magiflrate carries 
 the Sword, and the Priefts the Keys of the Kingdom of Heaven. 
 
 I T was not fo among the Heathens, who did not acknowledge thefe two Powers 
 in the World as diftindt and feparate ^ but they conjoin'd them in one fingle Perlbn ; 
 •whence their Kings were Ible Heads and Governors : And the Reafon was, becaufe 
 they made Religion only ferve for the Prefervation of the State, and did not dircft 
 it, as we do, to another more fublime End. Thus among the Romans the High 
 Priefthood continu'd a long Time in the very Perfbn of the Emperors * j and altho* 
 they had feparate Colleges of Priefts, to whom the Care of their Religion was com- 
 mitted, neverthelefs, as they us'd it only for the Prefervation of the State, confe- 
 quently they were obliged to report their moft ferious Deliberations to the Prince as 
 their Head ; an Inftitution which was tranimitted to them by their Forefathers, with 
 whom, as Cicero fays J, ^li renim potiebantur^ iidef?i anguria tcnebant ; lit enira 
 fapere^ fie divinare, regale diicebatiir. Hence Virgil * thus fings of King Annius. 
 
 Rex Annius, Rex idem bomimm, Phahique Saterdos. 
 
 W E fee the fame Cuftom among the ancient Grecians, whom Homer reprefenteth 
 to us, where the Heroes, that is to fay the Princes, were thofe who offer'd Sacrifice : 
 Plato gives the fame Account of the Athenians., and many of the Cities o£ Greece: 
 Among the Ethi'.pians, as Diodorus writeth, the Kings were the Priefts : So likewife 
 among the Egyptians as Plutarch hath it ^ and among the Spartans acccording to 
 Herodotus K 
 
 BUT among Chriftians, Religion is not direftcd for the Prefervation of the 
 State, and the Quiet of this World, but to a more fublime End, which regardeth 
 Eternal Life, and refpefteth God, and not Man ; whence among us the Priefthood 
 is accounted Co much higher and nobler than the Empire, bj- how much Divine 
 Things are fnperior to Human ; and as the Soul is more noble than the Body and 
 Temporal Things. But on the other hand, the Sword having been given by God to 
 
 _' Novel. 6. Can. duofuntc6. Ditl. can. Quo- 
 tiiam, Dili 10. & can. principes, Cauf. 2;. 
 
 Quscft. J-. 
 
 ' uio lib. 
 facr. iiamuu. 
 
 f4 Aiiaft Germon. lib. i. 
 cap. 9. num. 3. 
 
 dc 
 
 3 Clc. de Dlvln 
 
 4 
 
 5 
 
 Virgil, lib. 5. vcr. 8c. 
 
 Grot, de imperio lumm. poteft. cap. 2. 
 num. 4. 
 
 N 
 
 the
 
 -. 8 The Civil History 0/ Book I. 
 
 the Empire for governing Worldly Things, that Power hath become ftronger in 
 itfelf that is to lay in this World, than the Spiritual Power given by God to the 
 Piiefthood, to whom the Ufe of the material Sword is forbidden ; fince it hath for 
 its Object only Spiritual and not Senfible Things, and the principal EfFcdt of its 
 Power is referv'd to Heaven ; as our gracious Redeemer teftifieth, by faying. That 
 his Kingdom is not of this World, and that if it were, his People would fight for 
 
 him. , 
 
 THESE two Powers being acknowledg d amongft us as Proceeding from the fame 
 Principle, which is God, from whom all Power is deriv'd, and terminating in the 
 fame End, w'hich is Beatitude, the true End of Man ; 'tis necelTary that they 
 fhould have a Correfpondence and Concord together ', that is to lay, a Har- 
 mony and Agreement compos'd of different Materials, by communicating 
 mutually their Virtue and Energy ; fo as that the Empire may afTift the Priefthood 
 v/ith its Force for maintaining the Honour of God ; and the Priefthood on its fide, 
 may bind and unite the Affedions of the People to the Obedience of the Prince ; 
 thus all the State will be happy and flourifhing : On the contrary, if thefe two Powers 
 difagree amongft themlelvcsi and if the Priefthood by abufmg the Devotion of the 
 People, fliould incroach upon the Empire, or Political and Temporal Government ; 
 or if the Empire, by turning that Force againtt God, which he hath put into its 
 Hands, fhould incroach upon the Priefthood j all will go into Difbrder, Confufion, 
 and Ruiu. 
 
 1 T is God, who hath put thefe two Powers in different Hands, and hath made 
 them both Sovereign in their Kind, that the one might ferve as a Counterpoifc to the 
 other, for fear that their unbounded Sovereignty might degenerate into Irregularity 
 and Tyranny. As it happens when the Temporal Sovereignty infringcth the Laws 
 of God, the Spiritual oppofeth it immediately ; and in like manner, the Temporal 
 withftandeth the Spiritual ^, which is moft acceptable to God when 'tis done in a 
 lawful Way, and efpecially when 'tis done direftly and purely for his Service and 
 the Publick Good, and not for Self-intereft, and the one incroaching upon the 
 other. 
 
 AND fince thefe two Powers of NecefHty meet together in all Places, and at all 
 Times, and ordinarily in different Perfbns ; and befides they being Sovereign in 
 their kind, the one quite independant of the other ; Infinite Wifclom, for preventing 
 the extreme Diforder which is^pccafion'd by their Dilagreement, hath fix'd fuch 
 firm Limits, and put fuch vifible Partitions betwixt them, that whoever gives but 
 the leaft way to his Reafon, may eafily perceive what belongeth to the one and 
 the other ; for what is more eafily diftinguifh'd than Things Sacred from Prophane, 
 and Spiritual firom Temporal ? There's no more requir'd, than to put in practice that 
 beautiful Rule which our Saviour pronounc'd from his own Mouth, Keddtte qtix 
 flint Ccefaris Cxfc.ri, ^ qiice fiint Dei Deo. An Inftruftion fhort enough, but very 
 elegant and clear ; becaufe, when the Care of Souls and HolyThings belongs to the 
 Priefthood, the Monarch himfelf muft fubmit in that which diredly concerneth 
 Religion, and the Worfhip of God, if he perceiveth that he hath a Soul, and would 
 be numbcr'd among the Sons of God and the Church : Manifeft and famous is the 
 Example of the Emperor 'fheodoftiis^ who yielded to the Cenfure of a fimple Arch- 
 bifliop, and perform'd the Publick Penance which was injoin'd him : The Example 
 of David likewife teftifieth it, ^li & fi regali tm^ioiie Sacsrdotibus, S Prophetis 
 pne crat in caufis faciili, tamen fuberat eis in caufis Dei '. 
 
 AND reciprocally, fince the Government of Temporal Things belongeth to 
 Princes, and the Church being in the Commonwealth, as Optattis Milevitanus faith, 
 and the Commonwealth not in the Church, it behoveth that all the Ecclefiafticks, 
 and likewife the Prelates of the Church, obey the Secular Magiftrate in Matters of 
 Civil Polity *. Si oninis anima poteftatibiis fubdita efi ergo^ & vefira (faith S. Ber- 
 nard ' and Henry Archbilhop oiScnsJ quis ivs excepit ab iiniverfitate ? Certe, qui 
 tentc.t cxcipere^ tentat deciperc ; and S. Jo. Chryfoftom explaining the Paflage of 
 S. Pat'.l : Oninis anima potefiatibiis fublimioribiis fubdita eft, faith he, etiamfi fueris 
 Apoftolus, E'vajigclifta, Propheta, Sacerdos, Monacbus, hoc 'vero pietatem non Ixdit^. 
 
 ' Novel. 42. Jufr. | '* Du Pin. dc Antiq. Ecd. dlfc. dliT. 7. 
 
 ' Loyfcau des Icign. cap. if. num.4. | ^ Bern. ep. 42. 
 
 ' Can. 41 • §. Item cum David, tauf. i. qu. 7. ^ * Ciiry fofc ad cp. Paul, ad Rom. l J. 
 
 2 In
 
 Book I. the K I u G D o M of N A V L E S. 30 
 
 In fhort, S. Gregory the Great, Pope, ■ ^gnofco, faith he, Itnperatorem a Deo Con- 
 cejfiim, non vtUitihns fohim, fed & facerdotibus domiuari. 
 
 SEEING then the Diftlnftionof thefe two Powers is fb important, it is very 
 necefTary to give them different Names ; that is to fay, thofe who have the Eccle- 
 fiaftica] Power, are call'd Pajfors and Prelates, and thofe who poffefs the Temporal 
 are call'd Lords and Rulers ; an Appellation forbidden to the Ecclefiafticks from 
 the very Mouth of our Saviour, who at two different times, that is, in the De- 
 mands of the Sons of Zebedee, and in the Difpute which arofe amongfl the 
 Apoflles about Precedency, a little before his Paffion, repeated to them this 
 Leffon ; Principes gentium dominaiitur eorum, iw aiitem uon fic, 6?c. A Leffon 
 which St. Peter hath collefted in his firft Epiflle, faying to the Bifhops ; Pafcite, 
 qui in njobis eft, gregera Dei, nrn v.t dominantes hi Cleris, fed forma falii grcgis ; 
 that is to fay, Eflablifh'd in the Form of a Flock, whofc Shepherd is not the 
 Lord and Proprietor, but the Minifler and Governor only -. So faith God ^ 
 Pafce o-ves ineas, and not tt'.as ■'. 
 
 AND truly the Ecclefiallical Power being direfted to Spiritual and Divine 
 Things, which are not properly of this World, can't belong to Men in Property, 
 nor diredl Dominion, as worldly Things do, but only for Exercife and Admini- 
 flration ; fo that God (who is folc Mafter and Lord of our Souls) committeth 
 to them that fupernatural Power, to exercife it vifibly in this World, in his 
 Name and Authority, as his Deputies and Lieutenants, every one in his own 
 Hierarchic Degree, jufl as in the Civil Polity, many Officers, being fubordinate 
 one to another, exercife the Power of their fupreme Lord. 
 
 ALL this is faid only in order to explain the Propriety of the Terms of 
 the Subjed of this Work, not at all to diminifh, in the leafb, the Ecclcfiaftical 
 Power, which, on the contrary, relating to God diredly, ought to be efleem'd 
 much more worthy than that of the Princes of the Earth, who in the Beginning 
 had not theirs, but by way of Office and Adminiftration, the Sovereignty, or to 
 Ipeak more properly, the perfedl Liberty belong'd to the State as a coileftive 
 Body : So in thole Days they were only call'd the Pafiores of the People, as they 
 are termed by Homer ; but the Objed of their Power, which confifteth of worldly 
 Things, being adapted to receive Dominion or Power in Property, they have, 
 long ago, gain'd and obtain'd it in all Countries of the World ; and there are a 
 great many of them who have not only acquir'd the publick Dominion, but the 
 private likewife, reducing their People to Slavery. 
 
 THERE can't be found more authentick Proofs of the Diftinftion betwixt 
 thefe two Sorts of Powers, nor more remarkable Examples of changing the Power 
 both as to Office and Exercife, into that of Property and dircft Dominion, than 
 that which happen'd to the People of God, when being tir'd with the Government 
 of their Judges, who exercifed a Sovereignty over them, by Office and Admini- 
 ftration only, they would have a King, who from that time forth had the Sove- 
 reignty by diredl Dominion i which much offended God, who faid to Samuel, the 
 laft of the Judges, They ha've not reje£led thee, but me, that I may not reign any 
 more oxer tbeni ; and a little after, Si'.ch fJjall be the Right of the King, &c. * ; which 
 fignifies, that God himfclf was King of that People, and had over them the Pro- 
 perty and Power, when they were govern'd by fimple Judges and Officers ' ; but 
 it fhall be fo no more, when they fhall have a King, who fhall change that Power 
 into Property. An excellent Inftrudtion for Ecclefiafticks to leave the Property 
 of the Spiritual Power to God, and to content themfelves with the Exercife of it, 
 as his "Vicegerents and Lieutenants, the higheft and nobleft Quality that can be 
 upon Earth. 
 
 SUCH is the Diftindion betwixt Spiritual and Temporal Power, which well 
 demonftrates, that the one doth not include and produce the other ^ neither arc 
 they fuperior to one another, but that both are Sovereign or Subaltern, in their 
 Right and in their Kind. 
 
 NOTWITHSTANDING, this Diftindion hindreth not, but that the one, 
 and the other, may refide in the fame Perlbn, and Ibmetimcs, which is more, on 
 
 ' S. Greg. lib. 2. ep. 04. 
 * Loylcau, loc. clt. num. ic. 
 ' Auguft. ad cap. 21. Joan Richeriiis pars ;;. 
 axiom, jc. in Apol. pro Joa. Gerfonio. 
 
 * I Reg. 3. ver. 7. 
 
 ' Loyfcau, loc. cir. num. 13. 
 
 Account
 
 ^o The Civil History of Book i. 
 
 Account of the fame Dignity. However, 'tis to be obferv'd, that when it refideth 
 in the lame Dignity, it mufl: be an Ecclcfiallical Dignity, and not a Lordfhip or 
 Temporal Office, leeing the Spiritual Power is more Noble than the Temporal : 
 And as it can't depend on, nor be acceflbry to it, fo neither can it be in the 
 pcrlbn of a Laick, to whom ordinarily belongeth the Temporal Power ; and above 
 all the Spiritual Power cannot be held by dired; Dominion, nor convey 'd by Suc- 
 ccfTion, nor pofTefs'd hereditarily as Temporal Dominions. 
 
 \\ HENCE it follows, by the bye, that it was repugnant to common Senfe 
 tor the Kings or Queens of England to have aflTum'd to themfelves the Supremacy 
 of the Church of England, in the lame manner as ihey alfum'd the Secular Power 
 of their R-ealm, as if the one depended on the other ' : This proceeded from the 
 particular Spite which Henry "VIII. had againfl the Pope, who would not approve 
 of his Divorce ; for which he was fo offended, that he refus'd paying, any more, 
 tlie Tribute which for a long time had been paid by England ; and which is more, 
 giving way to his unbridled Paflion, he declar'd himlelf Head of the Church of 
 England next to Jefus Cbrift, and oblig'd his Subjeds to fwear. That they acknow- 
 ledg'd him to be fupreme Lord, as well in Spiritual as Temporal Matters ; a 
 Solecifm which appear'd plainly afterwards, when his Daughter, Queen Elizabeth, 
 came to reign j forafmuch, as a Woman was then feen to be Head of the Church 
 of Eiiz^land, and the Spiritual Sovereignty fallen to the DiftafF. 
 
 NOW altho' thefe two Powers have been for fbme time in the fame Perfbns 
 among the People of God, yet it was in fuch a manner, that the Temporal was 
 always acceffory to the Priefthood ; but afterwards, when the People would be 
 govern'd by Kings, thefe Kings had not the Spiritual Power ; and if at any Time 
 they undertook it, they were feverely punifh'd by God, as is manifefc by the 
 Hiftory o{ Hofea '. As for the Heathens, we have ften already, that in many Na- 
 tions the Kings have been Priefls, by fubje<5ting Religion to the State ; and they 
 made ufe of it nootherwife, than fb far as it was fubfervient to the State: But 
 •we being inftrudted in better Schools, have been taught to prefer Religion, which 
 refpefteth God and regardeth Eternal Life, to the State, which concerneth only 
 Man and the Quiet of this World. But there's no Inconveniency nor Repugnancy 
 in annexing the Temporal Power, and rendering it acceffory and dependent on 
 the Priefthood ; as in the following Books of this Hiftory we fhall obferve in the 
 Perfon of the Pope of Ko?)w, and other Prelates of the Church; not as if it fjjrung 
 from the Spiritual Sovereignty, and were one of its neceffary Appurtenances, but 
 as it hath been acquir'd, from Time to Time, by human Titles, by Conceflions 
 of Princes, and Lawful Prefcriptions, not ^pofioUco jure, as St. Bernard faith ', 
 Nee enim ilk tibi dare, quod non babebat, pottiit. 
 
 Behold thefe two Powers met in Sovereignties independent the one on the 
 other, and acknowledging one only Source, which is God ; diflinct, by well fix'd 
 Limits from the Mouth of our Saviour, in fuch a manner, that the one hath no 
 occafion to interfere with the other, 
 
 ' Lnyfeau, loc. cit. num \6. \ Sum. poteft. num. J. V. Bodvadilla PoIIt. 
 
 ^ Paralipomen. 26. Grot. cap. 2. de imp. I lib. 2. cap. 17 & i3. 
 
 ^ Bernard, lib, 2. de Confid. cap. i. 
 
 SECT. I. 
 
 '7'he Ecckjiajiical Polity of the frjl 7'hree Jges in the Eajf. 
 
 WE acknowledging then, by the Chriftian Religion, thefe. two Powers in the 
 World, it will be neceffary, that we give an Account, how the Spiritual began 
 to be adminiftred among Men, and how by Degrees the Polity came to be efla- 
 blifh'd in the Empire, and iii thefe our Provinces, and the Ecclefiaflical State ; 
 which in the fuccctUing Ages made one of the greateft Changes in the Political 
 and Temporal State of this Kingdom. 
 
 2 ■ IN
 
 Book I. ?/:?^ K I N G t) o M 0/ N A P L E S. 41 
 
 I N thefe three firft Ages of Man's Redemption, before that Conftantiue em- 
 brac'd theChriftian Religion, no outward Ecclefiaftical Polity could be thought on 
 in the Empire with Stability. The Apoftles and their SuccefTors, being intent 
 folefy on preaching the Gofpel, did not much mind the Eftablifhing of it • and 
 bcfidcs, were hindred by Pcrlecutions, which conftrain'd them privately a'nd in 
 Corners, to mnintain the Exercile of their Religion among the Faithful. 
 
 OUR gracious Redeemer then, being to return to the Father, who fent him 
 into this World to Ihew us a more fecure Way of Salvation, after having given 
 us fb many good Rules, left on Earth his Lieutenants, to whom he communicated 
 th.it Sph-itual Power, to the End, that as his Vicegerents, they might maintain 
 and publifli every where his Religion. He did not make ufe of the iMiniftry of 
 Angels, but w as pleas'd to advance Mankind, neither did he make choice of the 
 might)' Men of the Earth for thefe profound Myfteries, but the moft vile and abjeft j 
 being willing by that to give us another Mark of Diftindtion between thefe twc) 
 Powers, that the one doth not regard Pedigree, nor other Honours, which the 
 World puts a Value upon, but only the Spirit, not Blood, and other human Con- 
 fidorations. He left therefore that Power to the Apoftles, his dear Difciples who 
 while he convers'd with us on Earth, follow 'd him : He gave them in Charge to 
 teach and preach his Law over all the World, and gave tnem Power to bind and 
 to loofe, as they faw meet ; engaging his Word, that thole whom they fhould loofe 
 on Earth fhould be loos'd in Heaven, and whom they fliould bind on Earth fhould 
 be bound in Heaven. 
 
 THE Apoftles, altho' they acknowledg'd St. Peter for their Head, in the 
 Beginning, thought of nothing lefs than eftablifhing an outward Ecclefiaftical 
 Polity, leeing they were intent on the Preaching of the Gofpel only, and in bring- 
 ing Mankind to the Belief of that Religion, which they were about to eftablifh 
 and propagate through all the Provinces of the World ; they apply'd themfelves 
 to that only : For that end, they difpers'd themfelves, and traveli'd to different 
 Places, whither NecefTity or Occafion led them. The firft Provinces they vifited 
 were thofe of the Eaft, as being the neareft to Jernfalem and Paleftine : They 
 went to yititioch, Smyrna, Ephefus, Alexandria, and other Cities of the Eaftern 
 Provinces, in which they made wonderful Progrefs, bringing thofe People to the 
 true Faith ; in which they were but little diverted or hindred by the Imperial 
 Officers, thofe Provinces being far from Rome, the Head and Seat of the Em- 
 perors, their Proceedings were not fb narrowly look'd into ; whence they were able 
 to eftablifh Religion in many Cities of thefe Provinces, and to unite the Faithful 
 more clofcly in many Places, which they call'd Churches. But at firft a» 
 St. Hieronyriius faith, they having founded Churches in the Cities, thefe were 
 govern'd, with common Confcnt, by Presbyters, as an Ariftocracy. After- 
 wards, the Number of the Faithful encreafing, and Confufions and Divifions 
 arifing by reafon of the Multitude, to obviate Difbrders, altho' the Government 
 was continu'd with the Presbytery, they began to think of giving the Super- 
 intendency to one of the Priefts, who fhould be their Head, whom they 
 caifd Bifhop, that is to fay, Infpedtor, who being plac'd in a more high Degree 
 had the Infpection over all the Priefts, and to whom belong'd the Care of the 
 Church, governing it together with the Presbytery ; fo that the Government of 
 the Church became mix'd of Monarchy and Ariftocracy ; whence Peter de 
 Marca ' took Occafion to fay. That the Monarchical Government of the Church 
 was temper'd with the Ariltocratical. 
 
 SOME have endeavour'd to maintain, that in thofe early Times, the Go- 
 vernment and Polity of the Church, was fimply and purely Ariftocratical in the 
 Hands of the Priefts only, yielding nothing more to the Bifhops than to the 
 Priefts, giving them no Power nor Supremacy above the others : But the incom- 
 parable Htijro Grotius ', hath fully confuted that Error ; and the contrary is cleflr 
 from the Catalogue of fo many Bifhops, which we have from Irenxus, Eiifebius 
 Socrates^ 'theodorettts, and others, by which it is manifeft, that from the Time of 
 the Apoftles, the Bifhops had the Superintendency of the Church i and being 
 
 Hieronym. in epiit. ad Tifutn. t Ecclefia; regimen Anftocranco tcraperarj. 
 
 Pcrr. <le Marc, de Patriarc juxfa rcceptum J ^ Grot, de Imp. Synjifl. pQteft. c#p. ii, 
 omnibus Tlicologis axloma, Monarchicum ' num. J. 
 
 O plac'd
 
 41 
 
 The Civil H i s r o r y of 
 
 Book I. 
 
 plac'd in a more eminent Degree, were above the Priefts, as their Head. 'I'hus, 
 not to fpeak of the Bifhops of Rowe, as being a Thing fo well known, in Alexan- 
 dria.^ upon the Death of St. Mark the Evaugelift^ who had govern'd that Church, 
 as St. Hieronymtis ' relateth, the Priefts had always one whom they chofe for their 
 Head Et in Celfiori gradii collocatum Epijcopinn nommahant. St. liLvfk died in the 
 Sixty Second Year of the Incarnation, and in the Eighth of the Emperor Nero ' : 
 And after him, St. John the Apftle being ) et alive, Anianiis fucceeded ; to Auianus 
 fucceeded in the Government of that Church, Abiliits, and to him Cerdo, and lo 
 from one to another the reft '. In Antiochia, Enjodiiis, Ignatius, ^c. In Jeru- 
 falcin, while St. John was yet alive, after the Death of St. James, the Biftiops of 
 that City were Stvwn, Jnftus, ^c. In Smyrna, Folycarpus was put over the 
 Priefts as their Bifhop, by St. John, who govern'd that Church Eighty Six Years. 
 Thus likewile the Church of Epbefus, altho' it was govern'd by the Priefts, yet 
 there was one of them who prefided ; and after I'lmothy, St. John himfelf, for 
 fomc time, was Head of it ; for which Realbn he was call'd the Prince of the 
 Clergy and Angel of the Church ; after that 1'ittts and others fucceeded ; lb 
 that" in the Council of Chalcedon "*, from the Mouth of Leontius Magnefianus, 
 we read, A Santlo Timotheo, tifque nunc XXV 1 1 Epifcopi fa^i, omnes m Ephejb 
 ordinati funt. 
 
 NEITHER ought it to feem ftrange, to fay it en paffant, that the Evan- 
 gelifts, whofe Bufmeft it was to be going to and fro in the Provinces of the 
 JKmpire, and to preach the Gofpel, could have been Bifhops in any City ; fince, 
 as Hugo Grotius well informeth us % they likewife went to fettle in fbme Places, 
 where they perceiv'd, that their longer Abode would be of greater Advantage ; 
 and where they ftaid, they perform'd all the Offices of a good Bifhop, by prefiding 
 in the Presbvterv : For which Reafon we read, that the lame Apoftles were Biftiops 
 of Ibrae Cities, becaufe having remain'd long in them, they had govern'd their 
 Churches, as all other Biftiops did who had been ordain'd by them. 
 
 THUS, in Procefs of Time, the Chriftian Religion being Ipread overall the 
 Provinces of the Empire, altho' the Apoftles dy'd, the Biftiops iucceeded in their 
 Places, who being above the Presbyters, govern'd the Churches ; therefore we 
 fee Biftiops appointed in the Cities, as St. Cyprian witnefleth ; ^^7;;/ qiiidem per 
 omnes Pro'vincias, & per nrbes fingnlas confiititti funt Epifcopi : whence it was firmly 
 eftablifti'd, that in the Government of the Churches, one of the Priefts was to 
 have Rule over the Reft, to whom the Care of the Church was to belong, as 
 St. Hieronymiis teftifieth, In toto Orbe decretum eft, itt units de Presbyteris eleSlis 
 cxteris fv.pcr poneretiir, ad quern omnis ciira Ecclefice pertinerct *. 
 
 AND altho' St. Cyprian faith. That Biftiops were appointed in every City ; yet 
 neverthelefs 'tis known, that many Cities had none, but were govern'd and rul'd 
 by the Presbytery only ; fince the Apoftles did not appoint Biftiops in all Churches, 
 but left many of them to be govern'd by the Presbytery, when there were none 
 amongft them worthy of being made Biftiops, as St. Epiphanitts ^ declareth ; 
 Presbyteris opus erat, & Diaconis, per hos entm duos Ecclefiafttca compleri pojfunt ; 
 tibi "vero non inventus eft quis dignus Epifcopatu, pernianftt locus fine Epifcopo ; ubi 
 'vero opus fuit, ^ erant digni Epifcopatu, conftituti funt Epifcopi. And thefe Churches 
 which continu'd without Biftiops, laith St. Hieronynius, Communi Presbyteriorum 
 confilto gubernabantur. Thus Meroe, a City in Egypt, as Athanafius ' writeth, even 
 to his Time, had not had a Biftiop, and was govern'd by the Presbytery only ; and 
 many Writers of thofe Times declare the lame of many other Cities of the 
 Empire. 
 
 SUCH was the Polity of the Ecclefiaftical State in the firft Ages; neither was 
 there any other Hierarchy known, nor any other different Degrees, but that of 
 Bifhop, Prieft, and Deacon, who took Care of the Oblations, and likewife of 
 what belong'd to the Miniftry of Holy Things. Thcfe made up one Body, of 
 whom the Bifhop was the Head, and the other Minifters, whether the higher 
 or lower, were the Members, and the Council or Senate of the Biftiop, who. 
 
 ' Hieronym. epift. 8f. 
 
 ' Eufeb. 
 
 ^ Grot. loc. cit. 
 
 '* Cone. Chalcedon. a£Uon. 1 1 . 
 
 ' Grot. loc. cit. 
 * Hieronym. cp. 8f . 
 ' S. Epiplian. hxrel. 7f. 
 ' Du Pin, de Antiq- Ecd. 
 
 difc. differt. I. §.8. 
 
 together
 
 Book I. //j^ K r N G D o M 0/ N A r L E S. 4> 
 
 together with him govern'd the Church. Whence S. Hicmiywus ' rcaloiiing about 
 the Bifhops, faid, that they Jikewife had their Senate, that is the Congregation of 
 Priefts : And as S. Bafii\'ikev/\ie {aid ' ; and Iz^naTins writing to the T'rallians affirm'd. 
 That the Priefts were the Bifliops Counlellors and Aftellbrs, and that they ought to 
 look upon themfelves as having lucceeded in the PJacc of the Apoftolical Senate j 
 whence it was that S. Cyprian never treated of any Thing of Moment, without the 
 Afliftance and Advice of his Priefts and Deacons, as may be gathered from his 
 Letters K 
 
 SOME have believ'd that this Polity of giving the Superintendency to the Bifhops, 
 and a Superiority over the Priefts, had been introduc'd lilcewife from the Example 
 oftlie Heathens, who had different Degrees in their Priefthood ; which was pradlis'd 
 not only by the Greeks and Koinans, but had been a very ancient Difcipline of the 
 Druids in Gcillia, as C(Xjar exprefteth in his Commentaries * ; Driiidibtis preeft uiius^ 
 qui fummam imerees babet aiitboritatem. The Burgundians had alfo their High- 
 Prieft, as Marcellinus ' relateth j and in the Jezvtjb Commonwealth, God Almighty 
 approved of the lame Cuftom likewife, when he put one of greater Authority over 
 all the Priefts. 
 
 BUT however probable it may be, that fuch an Order had been inftituted in 
 imitation of them, neverthclefs, according to the Opinion of Grotiiis *, it is more 
 probable that fuch a Polity was introduc'd in imitation of the Jewijh Synagogues, 
 whereof the Churches founded by the Apoftles leem to be Images and Refem- 
 blances ; and indeed, we obferve, that in many Places the Synagogues had no 
 coercive Power, any more than the Church itfelf, all its Power being Spiritual: We 
 likewile fee, that the Apoftles, while they were Preaching in Palejihie and the neigh- 
 bouring Provinces, found many Synagogues which had been well regulated from the 
 Time of the BabyloniJJj Difperfion ^ and thcfe receiving the Faith of Chrift, by the 
 Preaching of the Apoftles, becaufe the Gofpel wasfirft preach'd to them, there was 
 no Realbn why they fhould change their Polity, and forlake that which the Expe- 
 rience of many Ages had approv'd of, and recommended j add to this, that the 
 Work of the Apoftles was more eafy, becaufe, when they were to plant a new 
 Religion in the Gentile World, the Novelty of the Thing made no Noife, nor was 
 taken Notice of by the Imperial Officers, who were little concern'd in the Matter, 
 feeing there was no Change in the outward Polity, when the Synagogues were con- 
 verted into Churches ; and when Churches were founded elfewhcre, altogether con- 
 formable to the JemJJj Inftitutions, to which the Imperial Officers were no Strangers, 
 little or no Innovation was obferv'd, at leaft not fb much as could give any Diftur- 
 bance to the Civil State of the Empire. 
 
 A S in every Synagogue there was one, who was above the reft, whom they 
 call'd the Ruler, in his Place they appointed a Bifhop ; they had Paftors, to whom 
 the Priefts fuccceded j there were likewife Eleemofinaries, who were much the fame 
 with Deacons. 
 
 ' Hieron. in cap. 2. Ifalac : Er nos habemus 
 Senatum rioftrum Caetum Presbyterorum. 
 
 ' S. Bafil. ep. ;i9. 
 
 ' Cyprian, ep. 10. lib. i. ep. 7. lib. 2. ep. 2. 
 lib. 4. ep. 10. lib. 3. ep. 10. lib. 4. 
 
 ■* See Claud. Fontelus in dilTert. de Antiq< 
 Jur. Presbyt. in reg. Eccl. cap. 7, 9. 
 ' Amm. Marcel, lib. 28. hift. cap. j 
 * Grot, loc- cic. cap. 11 num. 8. 
 
 SECT. II. 
 
 T'he Ecckjiajiical 'Polity iu the JVeft^ and in theje our ^^rovincess 
 
 WHILST this new Religion was fpreading in the Eaft, and having made 
 wonderful Progrefs in thofe Parts, it was refblv'd to eftabiifh it likewile in 
 the Weft, fome of the Apoftles, and many of the Dilciples for that end travell'd 
 into thefe our Provinces. 'Tis faid that St. Peter himlelf, their Head, leaving the 
 See ni Antioch^ having appointed Evodius Bifliop of that Church, failed with many 
 of his Difciples towards Italy^ in order to go to Koine : That he landed firft at BritU' 
 
 dufiuniy
 
 44 
 
 "The Civil H i s t o p. v of 
 
 Book I, 
 
 ditfitim^ from thente he went to Otranto ', aftd then to I'arentum, in which City he 
 preach'd the Faith of Chrift, and converted a great many of the Citizens to the 
 Faith leaving yimafianus Bifhop of the Place '■ j ibme will have it *, that he like- 
 wile vifited TfiV!}, Or/a, Andria, and fail'd by the yidriatick to Sipoutiim ; from 
 thence he return'd, and coafting along our Shore arriv'd at Khegium, in which Cities 
 he planted the Chriftian Religion : Then departing from Khegitim with his Fol- 
 lowers, failing through the Tyrrhenian Sea, he arriv'd in ours, and beholding the 
 pleafant Situation of the City of Naples, refolv'd to land and convert it to the true 
 Faith : And they will have it, that he met at the Gate of the City a Lady call'd 
 Candida, and with her, and her Brother Jfprenus, wrought many Miracles, at 
 which the Neapolitans being moved, they received Baptifm from him, and before 
 he departed (<\t^ovte, he appointed Afprcnns Bifliop of that City, who was the firft. 
 'Tis alfo faid. That in that Journey St. Peter himfelf went as far as Capua ; and 
 after having converted that City, he left there Prifciis, one of the ancient Dilciples of 
 Chrift, for Bifhop, in whofe Houfe he caus'd to prepare Eafrer, and eat with his 
 Difciples in the Parlour. And afterwards having gone to Atina, a City now 
 deftroyed, appointed Mark Bifhop of it : And laftly, raking Journey for Kome, 
 paffed by Terracina, of which Place he ordain'd Epaphroditus Bifhop. The People 
 of Bart likewife pretend, that St. Peter was alfo in their City, as well as in 1'arentum 
 and Otranto "*. Thofe of Bene'ventim, that he left with them Photiniis their firft 
 Bifhop '. Sejfa pretends the fame, and that he gave to them Simifms for their 
 Bifhop. In fhort, if one fhould mind fuch Stories, there is not a City in our 
 Provinces that doth not pretend to have had their Bifhops either from St. Peter or 
 St. Paul, as Khegiur,! boafteth of Stephen its firft Bifhop, or from fomeone or other 
 of the Seventy-two Difciples of Chrift our Lord ; or laftly, from the Difciples of 
 the Apoftles. Indeed, Poztcolo reckoneth its firft Bifhop Patrobas, one of the 
 Seventy-two Difciples, and Difciple of St. Paul, of whom hemaketh mention in his 
 Epiftle to the Romans, who being ordain'd Bifhop by St. Peter, and arriving at 
 Pozuolo, preach'd there the Chriftian Faith. 
 
 'TIS reported likewife, that St. Peter was no fboner arriv'd at Rome, than he 
 was oblig'd to fly for it, becaufe of the rigorous Edids which the Emperor Claudius 
 had put forth againft the 'Je'xs, ordering them all out of Rome *. That he having 
 return'd to Jerufalem, and ordain'd many other Bifhops in the Cities of the Eaft, 
 came back a fccond Time to Italy, in order to go to Rome ; and that in this fecond 
 Voyage arriving In the Town of Refina, ncavNaplcs, by hisPreaching he converted that 
 Feople, and left with them Ampello to inftru<9: them better in the Faith of Chrift : 
 Thence returning to Naples, was receiv'd by Afprenus and the Neapolitan Chriftians 
 with infinite Marks of Kindnefs and Rejoicing, and founded a Church there ; and 
 that in this fccond Paffage he vifited many other Cities in Puglia. Thence going 
 to Rome, he eftablifh'd his Chair in that City, and ordain'd Ltnus Bifhop of it, 
 who having fuffer'd Martyrdom, had for his Succeffor Clemens, to whom fucceeded 
 Cletus and Anacletus, and the other Bifhops according to the Catalogue which we 
 have of the Bifhops of Rome '. 
 
 ON the other hand, there are fbme who pretend to throw to the Ground all 
 thefe Accounts, and render them Fabulous ; fince they have undertaken with as 
 great Temerity as Stubbornnefs, to maintain, that St. Peter never was in this our 
 Country, but impudently have been fo bold as to affert likewife, that he never 
 was at Rome. The grcateft Stickler on that Side is Salmafuis % who, contrary to 
 what the ancient Fathers ' of the Church believ'd, and what hath been handed 
 down to us by the ancient Tradition of our Forefathers, will maintain at any rate, 
 that St. Peter never was at Rome ; calling in Queftion, that which the Churcn hath 
 
 * P. Carac. de Sacr. Neapol. Eccl. Mon. cap. 
 
 3- §• 4- 
 
 * Juven. Hift. Tar. 1. 8. c. i. & 1. ult. cap. i . 
 ' Samtnont. lib. i. cap. i. 
 
 * Beatil. Ilift. de Bari, lib. i. 
 
 ' Carac. de Sacr. EccleC Mon. cap. ;. §. ;. 
 
 * Suet, in Claud, cap. ;6. Juda:os impulfore 
 Chrillo alTidue tumultuantes, Roma expulit. 
 
 ' Oratus, Rufiaus, S. Auguft. Groc.de Imp. 
 Sum. Fot. cap. u. niun. 5- 
 
 * Salmaf. in apparatu ad libros de primatu 
 Papx- : Do quo admiratur Grotius defen- 
 dere Sententiam a toto orbe dcfticutam, Grot, 
 ep. fv 
 
 ^ Irenius lib. ;. cap. i. Tcrtullian. de Prae- 
 fcript. de Unit. Eccl. Amob. adv. genres Laftanr. 
 lib. 4. cap. 1. Cajus, Dionyfius, Corinthius, 
 and others mentioned by Leo Allacius de Ecclefia 
 Occidental! & Oricntali, Coofd'. lib. i. cap. 2. 
 num. 7- 
 
 always
 
 Book T. the KiHc DO ^i of N A P L E S. 45 
 
 always with Stedfaftnefs and Conftancy believ'd : Which gave occafioll to yohit 
 O'xen ' flillly to believe. That that Point was ftill undecided. 
 
 All Petrtts fuerit Komx, ftth jtidice Us ej} ? 
 
 BUT whatever may be in that Difpute, which we muft leave altogether to the 
 Ecclefiaftical Writers, who have at large confuted that Error, 'tis fufficicnt for 
 Our Purpolc, that it is inconteftable, that either by St. Peter himlelf, or by the 
 other Apoftles, or their Difciples, or other Succeflbrs, the Chriftian Religion was 
 Introduc'd into thefe our Provinces, and many Churches founded in many Cities 
 of them ; for which End, many Bifhops were ordain'd long before Conjlantine the 
 GfCcrt embrac'd our Religion, that is to fay, in the firfl: three Ages of Man's Re- 
 demption : All which is made very clear, not only by the frequent Martyrdoms, 
 which happen'd in our Provinces, but by the ancient Regifters we have of the 
 Biftiops of many Cities. Naples rcckoneth a great many before Conjhrjitlne the 
 Great ; y^fprcuuf, Epatimitus, Matirns, Probiis, Paulas^ y^gripp/uus, Eajiachius^ 
 Eiifebiiis^ JiLrrciaisus, Co/'ma, and others. Capua numbers alfo its own, Prifcus, 
 Siuottts^ Rnfiis, Angtifiimis, Arifteus, Proternis, and Protus. Nola ^ Felix, 
 Calionins Aiirelianns, and Maxhmis. Poznolo, Patrohas, Celfiis, John. Cunia, 
 Maxentitis. Beneveatnm likewile reckoneth its own, amongft whom the famous 
 yanuaritis, who fuffer'd Martyrdom under Dioclefian. Atiiia boaftech of its Bifhops 
 from the Time of the Apoftles, Mark, Fulgent ins, and Hilarius. Sipoutiim -, Bari, 
 Otraitto, 'tarenttm, Rhegiim, Salerntira ; and other Cities of thefe our Provinces, 
 had theirs before Conjlantine, of whom Ferdinandiis Ugellits, in his laborious Work 
 de Italia Sacra, hath given us a long Catalogue. 
 
 B U T as 'tis beyond all Difpute, that the Chriftian Religion was introduc'd into 
 many Cities of thefe our Provinces in the firft Ages, and that there was in each of 
 them, a great Number of the Faithful, acknowledging the Bifhops for their Mo- 
 derators ; fo it can't be doubted, but the Exercife of that Religion was perform'd 
 with much Caution, privately and in the moft hidden Corners of their Houfes, 
 jind often in the moft unknown Caves, and fartheft from the Refort of Men. 
 Certainly our firft Bifliops in thele Provinces being fo near Rome, had greater 
 Difficulty in maintaining this Religion amongft the Faithful, than thofe of the 
 Eaftern Provinces, as being at a greater Diftance from Roa/c. The Roman Em- 
 perors were altogether intent on extinguifning this new Religion : They were uneafv 
 at the very Name of a Chriftian, and to render them more deteftable, they were 
 branded as guilty of many Crimes and Villainies ; that they were Murderers, 
 adding, that they kill'd Children and fed upon their Flefh : That they were 
 Inceftuous, and that in their Night Affemblies they all mingled, and pol- 
 luted themfelves with execrable Lufts ^ : And thofe, who by their manifeft Probity, 
 to whom they could impute none of thefe WickednefTes, were made deteftable to 
 the Emperors, as Defpifers of the Worfhip of their Gods ; that they did not pay 
 the Honour due to the Emperors ; that they flighted the Roman Laws, and their 
 Cuftoms, and every thing elfe ; did not invoke their Gods, nor vouchfafe to offer 
 them Sacrifices ; for which Caufe they were call'd Atheifts, Sacrilegious, Difturbers 
 of the State and Cuftoms, and an eternal Peftilencc to Mankind and Nature ; fince 
 by the Contempt they had for their Gods, they faid, they provok'd them to 
 Wrath and Revenge, by which they were the Occafion of many Mifchiefs among 
 Men and Nations ; {o much that with the Heathens it pafs'd current and as a 
 continual Quarrel, that the Chriftians were the Caufe of all their Misfortunes j 
 which wicked Opinion lafted in Rome to the Days of Alarick, when he took that 
 City, attributing that Difgrace to the Wrath of their Gods, who for the Con- 
 tempt they had them in and their Religion, reveng'd themfelves after that 
 manner upon the Romans ; which moved St. Augi'.ftine to write his Books of the 
 City of God, and Orofuis to write his Orcbeflra, or Hiftory .ngainft the Pagans K 
 
 FOR which Caufes the Emperors began to pcrfecute them ; and the Perfe- 
 cution of Kero was the moft terrible of all, who, by fevere Edids, condemn'd 
 
 ' Owen lib. I. cpigr. 3. I Eplft. P!in. ad TraJQii de Chrlftianorum Pcr- 
 
 * Minuiius Pel. Tert. Apol. cap_. 7, 8, 9. I fecuc. 
 Otig- cont. Cclf. 6. p. ^9^" YofT inCom. ad ' * VolT. loc. cic. 
 
 P them
 
 4^ Th Civil Hist or y of Book J. 
 
 them to Death, as publick Enemies of the State and Mankind '. Dowitian foUow'd 
 his Footfteps. I'rajan was not ib cruel againft them ; for in returning Anfwer to 
 ?//;/_)•, then Proconlul in Pontiis and Bytbiiiij, who being terrified by the great 
 Number they grew to daily in ihefe Provinces, wanted to know how he fhould 
 punlfli them, he ordain'd,' That they being accus'd and con\idcd, he fhould 
 proceed againft them with Severity ; but if they were not accus'd, he Ihould rather 
 wink at them. By which, as VoJ/ius obferveth, the Clemency of I'raJMi the 
 Heathen, was greater towards Chriftians, than that of Chriftians, not only towards 
 the Mahometi'.ns^ but even towards Chriftians themfelves who are charg'd with 
 Herefy, againft whom the Inquifition, a Tribunal lately introduc'd, proceedetht 
 with much Rigor, without being accusM ; of which Tribunal we ftiall haveOccafion 
 to ti-eat more at large in another Place. Adrian^ the Antomnes, Severus, Maxi- 
 ininiis. Deems, Valeriauits, Dioclefian, Maximiniamts, Galerius, and laftly Maxen~ 
 tins, were moft cruel Enemies of the Chriftian Name ; and if thefe Perfecutions 
 were cruel in the other Provinces of the Empire, they were much more fo, 
 without doubt, in our Campania, and the other Provinces which at prefenc 
 compofe this Kingdom, as being nearer to Kome. The Officers by whom they 
 were govern'd, in order to pleafc the Inclinations of the Princes, and to be taken 
 notice of as zealous for their Service, as being more narrowly obferv'd, puc 
 their Edids in Execution, with the more Rigour and Readincls : Whence it is, 
 that with Reafon, Campania, and thefe our Provinces, boaft of fo many Mar- 
 tyrs % and that all thefe firft Biftiops of their Cities, are now worftiipp'd as Saints, 
 as they, who in the Midft of fuch fierce Tempefts, always confefs'd the Faith of 
 Chrift, and being intrepid, did not value Slaughter nor Death. There are yet 
 remaining the Veftiges of the Burying Place of AWi^: The Memory of the Mar- 
 tyrdoms in Pozuolo, in the Time of Dtoclefian, and many other Burying Places of 
 Martyrs in feveral Parts of the other Provinces, which afterwards, when Conftantine. 
 gave Peace to the Church, were difcover'd by the Faithful, and made known j 
 whence it was, that the neighbouring People out of Devotion, flocking to the 
 Tombs of the Martyrs, there were fb many Inhabitants near thefe Places, and 
 new Towns and Caftles built ; And from this it was, that thefe new Towns in 
 our Kingdom took their Names from thefe tutelar Saints -'. 
 
 I N thefe troublefbme Times, no outward Church Polity could be thought 
 of in thefe our Provinces : The Faithful, for the moft Part, abfconded as Fu- 
 gitives, and in fuch Confufion, that they could not but clandeltinely perform the 
 Exercife of their New Religion. The Bifhops, with much Danger, attended only 
 the Converfions, and that in Cities altogether Heathen, as need requir'd, they rua 
 fometimcs to one City, fometiraes to another ; fb that they could not apply them- 
 felves to the Political Government of their Churches. 
 
 FOR which Reafons, there could no Change or Alteration happen in the 
 Polity of the Empire, and much lels in thefe our Provinces, in fuch Times, or* 
 Account of the new Chriftian Religion. The Cities were all Heathen, the Re- 
 ligion which was publickly profefs'd by the Magiftrates, the Laws, Cuftoms, and 
 Rites, were all Heathen. The Chriftians were reputed as publick Enemies, 
 Difturbers of the State, and, a* fuch, excluded the Commonwealth ; Their Meetings, 
 fevcrely punifh'd ; they could not have feparate Colleges j their Churches had na 
 Revenues. All the Cities of thefe our Provinces, altho' there were many Chriftians 
 •who liv'd in them privately, and that the Number encreas'd daily, yet were 
 Heathen, and Heathenifm was publickly profefs'd. Every City took Example 
 from Rome, and many of the Roman Magiftrates imitated the Religion of their 
 Head ^ and it was not only the Municipal, the Colonial, and the Priefedural, but 
 alfo the Confederated Cities, which had more Liberty. 
 
 ' SuetoB. !n Neron. cap. \6. Tacit, an. if. j * Camil. Per. in Falcon. Benev. pag. 179. 
 ^ p. Carac. de Sacr. Neapol. Eccl. Monum I 
 cap. z, Sea. i & j-. 
 
 SECT.
 
 Book I. f ^^ K I N G D o M 0/ N A P L E S; 47 
 
 SECT. III. 
 
 NAPLES, as alfo all the other Cities of this Kingdomy were 
 
 timverjally Heathen. 
 
 N'APLES, as is bcliev'd, did not become entirely Chriftian, from the firft 
 Preaching of the Gofpel, which they fay was by St. Peter. 'Tis very pro- 
 bable, that fomc Neapolitans embrac'd immediately the Faith of Chrift, and with 
 much Caution follow'd their Bifliop Afpreniis, living hiddenly in that Belief; but 
 all the reft were Idolaters, and that Worfliip publickly profefs'd. So that of all 
 the Greek Cities in thefe our Pro\inces, Naples was certainly the moft fuperftitious 
 and moft addided to the Errors of the Heathens, and its old Religion. It had its 
 publickTcmples, in honour of \'arious Deities : of Euweliis its Country God, ofElw ', 
 who had for an Adjundl that of ClariJJiimis given him, or moft refplendent Cod ; 
 they believ'd him the fame as Apollo, and he was alio call'd the God Mitra : They 
 had Cajlor and Pollux, Diana, Ceres, and a great many other Deities. It had its 
 Brotherhoods (as hath been already obferv'd ) not only dedicated to its Country 
 Gods, but likwife to Heroes, and in private Temples built by them, Sacrifices were 
 offer'd bv the Families that met there. Innumerable were the Games alfb which 
 they had for celebrating their Feafts with the greater Pomp and Solemnity, and io 
 famous that they drew Spectators from the remoteft Parts : the moft renown'd of 
 which were the Olympick Games, which they celebrated with fo much Care and 
 Skill, that they entic'd the Emperors themfelvcs to be Speftators of them : Neither 
 were the Feaftings at the Temple of Ceres , near the Sea, lefs admir'd, from which 
 that Goddefs is call'd by Statitts, Ailia Ceres. 
 
 SOME vainly believe, that thefe Feftivals and thefe Temples ceas'd, as fboii 
 as St. Peter preach'd the Gofpel there; whereas 'tis manifeft, that they were con- 
 tinu'd for a long time after. Statins, who wrote under Domtian, in his SylViSy 
 and elfewhere, makes mention frequently of thefe Feafts and Games. Others have 
 been yet more foolilhly perfuaded, that Learning was taught in the Academy, 
 which, in Naples, was dedicated to Hercules, and that it was honour'd with Ulyjjes 
 for a Scholar ; as if in the midft ofhis fo long and painful Wanderings, it could have 
 enter'd into his Head to go to Naples in Queft of Learning. The Academy was 
 inftituted for exercifing the Body in Courfing, Fencing, Wreftling, the Gymnici,^ 
 Lndi, and Athletic E^cTc'iiks : And that Academy was famous and remarkable for 
 the rare and extreme Valour of the Wreftlers, that it not only drew to it Strangers 
 from the moft diftant Countries, but ( which is more remarkable ) even the 
 Emperors themlelves, who went frequently to this City, and were delighted in 
 feeing the Exercifes, and in being feen performing them. That Academy was 
 much efteem'd by Aitgujius, I'llerius, Caligula, Claudius, and much more by 
 Nero. I'ltiis was much delighted with it, and it being thrown down by an Earth- 
 quake, he rebuilt it. Domitian, Trajan, Adrian, M. Aurelius the Philoibpher, 
 Cmimodus, Septimius, and Alexander Sei-erus, and almoft all the Emperors who 
 preceded Omjtantine, honour'd it. Niples then, on Account of thefe Exercifes, being 
 lb much frequented by thefe Emperors, the grcateft Part of whom had been 
 unmerciful, bitter, and cruel Periecutors of the Chriftian Religion ; who can 
 ever be perfuaded, that this City, after St. Peter a pafllng through it in his going 
 to Rome, had forfaken Heathenifm, and publickly embrac'd the Chriftian 
 Religion ? Neither the Manners of the Neapolitans, who were moft tenacious 
 of the Worfhip of their Country Gods ; nor the frequent Stay the Roman 
 Emperors made in this City ; nor the mortal Hatred they bore to the 
 Chriftians, can make us believe it, but much rather prove the contrary, 
 and what great Miftake it was to imagine there were never any Martyrs in 
 
 ' Macrob. Saturn«I. lib. i. cap. 18. Turin, dell' Origin, dc Seggi, cap. 19. 
 
 Naples^
 
 48 
 
 Tlse Civil Histort of 
 
 Book L 
 
 Naples, when 'tisindifputable : Neither can P. Carracciolo himrdf dcTiy it, that there 
 have been many and frequent Martyrdoms there ; and Cardinal Raronius ' fpeaking 
 of St. Faiiftiis and Jiiltta, gives an Account, that they fuffer'd Martyrdom in 
 Naples. Forafmuch as this City, whatever they may believe, that as a Confede- 
 rated City, it was not llibjeft to the Rowan Edids, was of it fclf Idolatrous, 
 and confequently a moft bitter Enemy to the Chriftians, and fuch were they who 
 govern'd it. But by reafon of the great Superftition of the Neapolitans, and the 
 great Veneration for their Paternal Gods, c\cn after Conjlautme the Great gave 
 Peace to the Church, it was very difficult for a long time to get the falfe Worlhip 
 fo entirely abolifli'd, as it was in other Cities of the Empire, and in Rome it felf, 
 before the Reigns of ylycadtus and Honoriiis, moft religious Princes, and refolute 
 in exterminating Idolatry out of the Empire. And 'tis a very ill contriv'd Story, 
 which gi\cs an Account of the fo many Churches and Altars treded in Naples by 
 Confuiutine the Great, as fhall be plainly fhewn in the following Books of this 
 Hiftory i whence, with good Pveafon, Jordamis ioWovi^dhy 'Tutini % believed. 
 That the Temple in Naples, dedicated by I'lberius Julius Tarfiis to Cajlor and 
 Pollux, had been afterwards, by the Neapolitans, dedicated to the true God in 
 Honour of St. Paul the Apoftle, not in the Time of Cnnftantine the Great, but of 
 T'heodofms the Emperor. Symmachiis ', who liv'd in the fourth Century, lets us 
 fee, that Naples coiitinu'd Heathen many Years after Conjlantine had embrac'd the 
 Chriftian Faith ; whence, for its Conftancy in not having follow'd the Example of 
 the other Cities, but having kept the ancient Religion, he praifes and adorns it 
 with the Title of Urbs Rcligiofa ; thefe are his Words j ^lamprimiim Neapolint 
 petitu Ci'vium fuorum njijer-e jlt'.deo : Illic honori Urbis Religiofcs iiitervallum bidui 
 depiitabo. Dehinc fi bene Dii jwverint, Capuano itinere, njenerabilem nobis Romany 
 Laremque petevius. Every Body knows that Symmaehus was a fierce and cruel 
 Enemy of the Chriftians, and confequently would by no Means have called it 
 XJrbs Religiofa, on Account of the Chriftian Religion ; but only becaufe Hea- 
 thenifin was overturn'd every where elle, he rcckon'd Naples confpicuous and 
 religious, bccaufe of the falfe Religion wliich it conftantly retain'd and profeis'd. 
 
 Camillus Pelkgrimis * left to the Learned of Naples, the Care of loh'ing the 
 Difficulty which that PalTage of SynDuachus left them in ; for 'tis truly incompa- 
 tible with the common Belief of the Neapolitans, that that City fliould become 
 Chriftian from the firft Preaching of St. Peter. But this difficult Paftage was fooa 
 unriddled by our accurate Chioccarelli % ( whom with good Reafon P. Lafena. 
 iifed to call the Beagle, on Account of his diligent Searching ) and he endeavour'd 
 to furmount it, by giving various Meanings to the Word Rcligiofa:, that is, he 
 would have Syviiuacbus x.<y mean, not the Heathen, but the Chriftian Religion : 
 An Interpretation, truly far from the Circumftances of thele Times, and the 
 Religion of the Author, to which he was as much addidled, as he was an im- 
 placable Enemy of the Chriftian. A bare-footed Carmelite Fryer * in our Time, 
 hath undertaken that Difpiite ; but his Pen was not equal to the Undertaking, 
 and he came but badly off. But if we lov'd Truth above every thing elfe, and 
 were free from the Paffion of an affeded Love for our Native Country, and 
 would look on it impartially, we fhould very eafily unriddle the Matter : We 
 fhould fee there was no Intricacy in it, in our Opinion, if we would but confider 
 the Circumftances of that City {o near to Rome, and which it was vain in imitating 
 in all its Proceedings; we fhould perceive, that thele our Weftern Provinces did 
 not Ihake off Idolatry before the Reigns of Arcadius and Honorius. 
 
 In the other Provinces, and efpecially in the Eaft, the Ecdefiaftical Polity could 
 be better minded, and the Chriftian Religion profefs'd with more Freedom, the 
 Perfecution not being fb furious and cruel there ; but for all that, the Ci\'il State 
 fuffer'd no Change nor Alteration ; nevertheleis, being periecuted and interdicted, 
 it could not be publickly kept up, much Icfs profefs'd. 
 
 ' Baron. Annot. ad Mart. ij". Mali, P. Lafena 
 Gin. Nap. cap. 6. pag, 104. 
 
 ^ Tutin. dell' origin, de Seggi, cap. 4, 
 ^ Symmach. ep. 27. lib. 8. 
 4 Cam- Pel. in Camp, in fin. 
 
 ' Chioccar. de Epifc. Neap. In Severo. 
 
 * Dil'corfodel P. Fr. Girolamo Maria dc S. 
 Anna Carm. Seal, dell' anc C'attol. Relig. 80 
 Nobilta di Nap. 
 
 SECT.
 
 Book r. //^^ K I N G D o M 0/ N A P L E S. 4^ 
 
 SECT. IV. 
 
 of the Eccle/iajiical Hicrairhy and Synods. 
 
 np'H E Church knew no other Hierarchy, nor Dignities in thefe firft three 
 X Ages, but thofe of Bifhop, Prieft, and Deacon. The Biniopsj who had the 
 Supcrintendency, and whom all the Orders of the Church obey'd, it, peradventure 
 any Di\ ifioii arol'c amongft the Faithful, they by their great Zeal and Charity, im- 
 mediately made it up, and quieted their difturb'd Minds. The Charity of all was 
 equal ; in the firft, by ufmg their Pre-eminency with Moderation ; and in the 
 others, by obeying with an entire Refignation. If at any time they were to deliberate 
 about any Affairs of Moment concerning Religion, to the end that they mic^ht 
 maintain a fix'd Concord and Unanimity amongft all the Churches, and that there 
 might be no jarring, the Bifhops were us'd to communicate to one another what 
 had fillen out, and b) the Means of Mcflengers or Letters, which they called 
 Fori/iatXy they maintain'd a Correlpondcnce ^ and thus being all united by a nri(5l 
 Tye, rcprefenting the Univerfal Church, they fortified themielves againft all 
 Divifions and Schifms, which could ever arile '. 
 
 WHEN any Thing fell out, and if the Perfecution gave them any breathing, fo 
 as they could from different Cities meet in one, they conven'd in Synods for 
 deciding the true Faith, for regulating the Polity and .Manners of Chriftians, or 
 for punifhing the Guiltv, and deliberating about any other Matter that happen 'd - 
 following in that, the Footfteps of the Apoftlcs, and of St. Peter their Head, who 
 ha\ing conven'd the Faithful in Jenifalem^ held a Council, which was the firft, and 
 on that Account called the Council of Jeriifalcm, and which is inferred in the Acls 
 of the Apoftles by St. Luke ^ 
 
 I N the fccond Age, when Religion was more diffus'd, as well in the Eaftern 
 as W^eftern Proxinces, they held other Synods : The firft were in y^Jla, Syria, and 
 Palefiifie. In the Weft likewife they began in this Age, being held in Rome, and 
 in Gallia, againft the Herefy of Motitamts and the Cataphrygians ; and on Account 
 of the Pafchal Controverfy =. 
 
 I N the third Age, they were more frequent in Rome againft Novatus, and his 
 Followers, but more in y4/ia and Africa. 
 
 ' Gror. de Imp. Summ. Pot. cap. 1 1. num. S. I ^ Van Maftric- de Or. Sc Pr. Jur. Can. cap, i - 
 * Aft. cap. ij". I Doviat. Hift. Jur. Can. par. i. cap. i. 
 
 SECT. V. 
 
 Of the ECCLESIJST'ICJL REGU L J-flO NS. 
 
 TH E Church in the firft Ages had no other Regulations, but thole which were 
 in the Holy Scriptures, neither were there any other Books known : After- 
 wards by the Councils that were held, there were other Regulations made, by 
 which the Churches of thefc Provinces were govern'd. 
 
 THESE were only Regulations concerning the Discipline of the Church, it 
 never having been deny'd to the Priefthood to take Cognisance of the Differences 
 in Religion, and to make Regulations concerning their Dilciplinc. It was allow'd 
 to the Heathen Priefts likewife to do the fame, and it was the common Right, a« 
 well of the Romans as of theCreeks, that all lawful Communities (houid take Cog- 
 nizance of their own Affairs, and make Regulations about them. Cajtis our Civilian, 
 fpeaking of fuch a Community and College, iays, IJis aiiteiu fiotejlatem facit lex, 
 fa£iioiiem quam njelint fibt ferre, dim ne quid ex ptiblica Lege corntnipant : There is 
 
 (^ a Law
 
 t Q The Civil History of Book I. 
 
 a Law of Solon mention 'd, in which the fame was eftablifh'd amongft the Greeks ': 
 John Doviat \ and DiiPiu ', a great Divine of Pitm, taught, that the Church not 
 only had fuch Authority by common Pvight, by -ivhich every Society ought to 
 have feme Form of Government, to keep it from Confufion and Diforders, and to 
 eftablifh Regulations ; but that the Power of making Canons concerning Church 
 Difcipline, was alfo granted by Chrift to the Apoftles. 'Tis not to be doubted, 
 but that our Saviour gave Authority to his Apoftles, and their Succcffors, to 
 govern the Faithful in all that conccrn'd Religion, as well to clear the Points of 
 Faith, as concerning the Rule of Manners : And thefe were the firft Foundations 
 and Principles from whence the Canon Law hath its Origin, which for a long 
 Trad: of Years hath vied with the Civil Law, and, as 'tis manag'd by the Popes, 
 dares not only compare with it, but it muft entirely yield ; fo that in the fame Do- 
 minion, againft all the Laws of Government, two Bodies of different Laws are 
 feen, encroaching upon one another ; the Source, from whence flow'd fo many 
 Dilputes about Juriididion, and fo many Changes in the Political and Temporal 
 State of the Empire, and of thefe our Provinces, as fhall be diftindly (hewn in" 
 the Courfe of this Hiftory. 
 
 THEREFORE in thefe firft Ages, fuch Regulations had no Influence to-' 
 caufe any Alteration in the Polity of the Empire : They were folely confin'd to 
 the Differences in Religious Matters, and to what conccrn'd the Government of 
 the Churches, and their Difcipline. As to the Civil Matters of the Empire, they 
 did not interfere with them, leaving entirely the Governmem of the Common- 
 wealth to the Prince, as formerly. 
 
 ' L. Sodales 4. D. de Cnlleg. V. Defider. I ' Doviat. Hlft. du Droit Canoniq;, pars i. 
 Herald. Obfer. 8c Emend. lib. cap. 42. Salm. j cap. i. 
 Obferv. ad jus Attic. ScRom. cap. 4. ' ^ DuPin. de Ant. Eccl. Difc. differ:, i. 
 
 SECT. vr. 
 
 Of the Cognizance of CAUSES. 
 
 TH E Church had likewife in thefe Times, as a Thing belonging to her Difci- 
 pline, the Cenfure and Corredion of the Manners of Chriftians. If any 
 of the Faithful, by going out of the right Way, ftumbled upon fome Hcref)-, or by 
 any publick or notorious Sin fcandaliz'd others, he was firft privately rebuk'd that 
 he might reform, and if he did not amend, he was denounc'd to the Church, that 
 is to fay, to the Bifhop, Presbytery, and the Believers, by whom he was a lecond 
 time rebuk'd j and if, after all, he continu'd obftinate in his Error ^and Way of 
 Living, he was banifh'd their Communion, and reputed as the other Heathens and 
 Publicans ; depriving him of all that which the Church gives to her Faithful, and 
 leaving him in the Civil Society with the other Heathens ; and it was after true 
 Repentance and a rigorous Penance, that he was again admitted into their Com- 
 munion. 
 
 THAT Corredion of Manners, during the popular State of Ro;«e, refided in 
 the Cenfors, for which they were call'd Magiftri Moriim, who had Power to put 
 a Riark of Ignominy on all forts of Perfbns for Caufes, of which the Law took 
 no notice, as Bodinus wifely and at large treateth. An Inftitution certainly very 
 commendable, which being laid afide under the Emperors, was taken up by the 
 firft Chriftians, who, by the Means of this Cenfure, kept thcmfelves in a fingular 
 Purity of Manners, as Plmy witneffeth of the Chriftians in his Time ; and it is 
 what Tertullian faith in his Apologeticks (peaking of the Affembly of the Church; 
 Ibidem^ fays he, exhort at iones^ caftigatioues^ ^ Cenfura Dii'tna ; whence it is, 
 that they call'd the Head of each Church Epijcopoii, which is to (ay, the Infpedor 
 of the Manners of his Church : I'or which Caufe, Excommunications and other 
 Puoifhments of the Church, are call'd to this Day Ecclefiaftical Cenfures j a Matter 
 
 whicb
 
 Book I. /Z?^ K I N G D o M 0/ N A P L E S. 51 
 
 which would require much longer Reafoning, but we (hall leave it to Bodin to make 
 up what is wanting. 
 
 THERE was in thofc Times, a Cuftom introduc'd amongft Chriftians of fub- 
 mitting their Differences to the Judgment of the Church, that they might not be 
 oblig'd to plead before the Heathen Judges, according to the Precept of St. Patil 
 in the firft to the Corinthians. So that we lee in I'ertullian^ Clemens AlexandrinuSj 
 and other Authors of thofe Times, That thofe who would not fubmit, but made 
 Chriftians plead before the Heathen Magiitrates, were look'd upon to be almoft 
 Heathens, or at leaft bad Chriftians : But thofe Decrees which the Biftiops gave, 
 were only arbitral Opinions, which did not bind the Parties but upon Honour ; 
 as when Perfons of Confideration interpofe in making up any Difflrence. In a 
 word, they were not oblig'd to fubmit : Neither after Sentence were they tied to 
 obferve it, leaving them at Freedom to have their recourfe to the Secular Ma- 
 giftrate. 
 
 THE Church, in her Infancy, took Cognizance of thefe three Occurrences 
 only, to wit, of Matters of Faith and Religion, of which fhe judg'd by Form of 
 Polity : Of Scandal and lefler Faults, which ftie took under her Cognizance by way 
 of Ccnfurt" and Corredtion ; and of the Differences among Chriftians, which they 
 brought before her, which fhe decided by way of Arbitration and charitable 
 Agreement. Whence it may be feen, that the Ecclefiafticks had not that com- 
 pleat Power of trying Caufes, which in the Law is call'd Jurifdi^iio ; but their 
 Juftice was call'd Notio, Judicium., Audieittm, and never Jurifdiilio. 
 
 SECT. VII. 
 
 Of the ElSion of MINIST'EKS. 
 
 JT belong'd likewife to the Church Difcipline to provide her with Minifters ; 
 and Du Pin ' writes. That this Power was beftow'd by Chrift on the Apoftles, 
 of providing SuccefTors in their Churches, to wit, Bifhops, Priefts, and other 
 Minifters. And indeed the Apoftles, as may be gather'd from Sacred Hiftory ^, 
 ordain'd Bifhops in many Places, and left them to govern the Churches which they 
 had founded : But afterwards, the Apoftles being dead, when by the Death of any 
 Bifhop the Church became vacant, they proceeded to the Election of a Succeffor ; 
 and then they call'd the moft neighbouring Bifhops of the fame Province, at 
 leaft two or three, it being a difficult Matter to have numerous Councils in thole 
 Days, if it were not in the Intervals of Perfecution, and fbmetimes the Sees 
 remain'd a long time vacant ; and thefe joyning with the Presbytery, and the 
 faithful People of the City, proceeded to the Eledion \ The People propos'd. 
 the Perfons they defir'd might be elected, and gave Teftimony of the Life and 
 IManners of each of them ; and laftly, being united with the Clergy and the 
 Bilhops prefent, confented to the Eledion, and immediately the new Eled; was 
 confccrated by the Bifhops. Sometimes the Clergy and the People had a greater 
 or lefTer Share in the EleAions, feeing in fome they only exprefs'd their Defire, 
 and gave Teftimony of their Life and Manners ; in others they join'd in the 
 Eleftion % as happen'd in the Eleftion of St. Fabian Biftiop of Kome, who, as 
 Eufchius reports, was chofen by the Voice of the People, who had feen a Dove 
 fitting on his Head : Which when it fell out, and the Biftiops thought it conve- 
 nient, they approv'd of the Eledion, and ordain'd the Eledted ; and the Ele<5tiorj 
 and Confecration were perform'd at the fame Time, and the fame Bifhops were 
 Eleftors and Ordainers : Nothing more being requir'd ; fbrafmuch as in thole 
 firft three Ages, the R ight of Metropolitans to ordain the Biftiops of their Pro- 
 
 ' Du Pin. de Antiq. Eccl. DIfc. diflert. i. 
 ' Aft. I-}, ver. 23. 2 ad Corinthian. 8. 
 ver. 19- 
 
 ' Can. Sacrorum dift. 65. Can. qiianto. Can. 
 ncfce. cad. dift. 
 
 * Ciror>. iiicap. I. deRcftitut. Spoliat. Marca 
 de Concord, lib. 3. cap. 2. §. 2. 
 
 vinces
 
 5 2 The Civil History of Book L 
 
 vmces was not yet dcclar'd by Canons, as it was afterwards in the fourth Age j 
 of which we fhall treat in the following Book, when we fhall have Occafion to 
 ipeak of the exterior EcclefiafticaJ Polity of the fourth and fifth Centuries. 
 
 IN fhort, this was the Ecclefiaftical Diicipline concerning the Eledion of 
 Biihops in thele three firft Centuries, as may be learn'd from the Letters of 
 St. Clement the Pope, and St. Cyprian, Writers in the third Century '. The 
 Eledion of Priefts and Deacons belong'd to the Bi(hop, to whom the Ordination 
 folely appertain'd, altho', in the Eleftion, the Clergy and People had their Share. 
 
 ' Cyprian, epift. 55. 
 
 SECT. VIIL 
 
 of T'EM^ORJLIT'IES. 
 
 IN thofe early Times, there were not fo much Wealth and Goods, as to make 
 it worth while to feek the Adminiftration and Diftribution of them, nor 
 yet to make Regulations about them. Neither had they fi-s'd Foundations, nor 
 even the neceflary Tythes fettkd '. The common Goods of the Churches, con- 
 fided only of Moveables, Provifions for the Mouth, Cloarhing, and ready Money, 
 which the Faithful offered every Week, or Month, or when they pleas'd, there 
 being no fettled Rules nor Compulfion in thefe Offerings. As for Immove- 
 ables, the Perfecutions did not allow them to acquire any, or at leaft to 
 poflTels them any time. The Faithful willingly gave Oblations and Firft Fruits, 
 for keeping of which there were Perfons appointed, and, in our Sa\'iour's Time, 
 Judas had the Cuftody of them : But they had no other ulc for thefe Things, 
 than only to fupply them when they wanted Cloaths and Viduals, and all that was 
 over and above was diftributed amongft the Poor of the City. 
 
 THE Apoftles, after our Saviour's Death, kept up the fame Ciifi-om, and laid 
 up in common all that they colle6led from tli£ Fitithfu!, who, in order to follow 
 them, fold their Houfes and Farms, oftering to them the Price of them ; and, a* 
 is faid, put the Money to no other ufe, but for their own Neceflities, and the 
 Maintenance of thole whom they appointed to preach the Gofpcl, and for rclie\ing 
 the Poor and Needy of the Places they pafTed through. And as the Number of 
 the Faithfid cncrcas'd, of courfe the Oblations were greater ; and when they faw 
 that tlicy fuper-abounded, tint they not only were iumcicnt for the Occaiions 
 of the Church of one City, but that there was ftill an Overplus, they were wont 
 to diftribute it amongft the other Churches of the fime Provinces, and often to 
 fend it to Provinces more remote, as their Neceflities requir'd : So we obferve in 
 the Scripture, tliat St. Panlj after having made many Colledlions in Macedonia^ 
 Aehaia, Galatia, and Corriith, ufcd to fend a great Part of them to the Churches 
 in Jerufalem ; and after die Death of the Apoftles, the fame Cuflom was ob- 
 lerv'd by the Bifhops their Succeffors. Afterwards, it was thought more profitable 
 and expedient, that the Faithful fliould not fell Porfcilions, to gi\'e the Price of 
 them to the Churches ; but that the Churches thenafelves fhould keep them, that 
 with the Fruits of them, ar.d the other Oblations, they might be enabled to pro- 
 vide for the Poor and their own Wants ; and altho' the Adminiftration belong'd 
 Iblely to the Bifhops, yet they being intent on more fublime V\ orks, fuch as the 
 Preaching of the Gofpel, and Convcrfion oi xht Gentiles^ left the Care ofdifpofing 
 of the Money to the Deacons j but that did not alter the Method of diftributing it, 
 feeing one Portion of it went to the Priefts and other Minifters of the Church, 
 who for the moft part lived together, and in common, and the Remainder was 
 beftow'd upon the Poor of the Place. 
 
 ' TertuUian, Nam nemo compejlicu'", fed fponte confert- Du Pin. aJ Genfor. in Blbllcc. 
 torn. 6. in fine, cap. 2. §. iJ. 
 
 IN 
 
 t
 
 Book L 
 
 ^Z;^ K I N G D o M 0/ NAPLES. 
 
 55 
 
 I N Procels of Time, in the Pontificate of Simplicius^ about the Year 467. 
 there having been fome Frauds difcovcr'd in the Minifters in the Diftribution of 
 thefe P.evenues, it uas ordain'd. That all that was collcdcd from the Incomes and 
 Oblations fhould be divided into four Parts, one of which was for the Poor, another 
 for the Priefts and other Minifters of the Church, the third for the Bifhop himfelf 
 and the Strangers he ufcd to entertain, and the fourth was fpent in building 
 publick Churches, and in making more fumptiious Edifices (which began in the 
 Time of Conftantiue the Great') and encreafmg the Number of Ornament's and Holy 
 VefTels, and repairing the lame. Neither was that Diflribution always equal, 
 feeing if the Poor were numerous in any City, their Portion was the greater, and 
 if the Churches wanted but little Reparation, their Share was the lefs. 
 
 THIS, in (hort, was the Ecclefiaftical Polity in thefe three firft Centuries of 
 the Church, which being confin'd to it ftlf, had no Influence on the Polity of the 
 Empire, and much left on the State of thefe Provinces, in which, by reafbn of 
 the cruel Perfecutions, it was Icarcely thought on. We (hall behold it in a different 
 Afpeft in the fucceeding Ages, after Coiijhvnine gave it Peace j but monftrous 
 ■ enough, and in more ftran2;e Forms fhall we fee it, in the Ages lefs diitant from 
 us, when it was not thought enough to have transformed in fo many Shapes both 
 the Civil and Temporal State of Princes, but it was likewife attempted to fubjedb 
 Empire altogether to the Priefthood. 
 
 R 
 
 THE
 
 C 55] 
 
 THE 
 
 CIVIL HISTORY 
 
 Of the Kingdom of 
 
 NAPLES. 
 
 BOOK 11. 
 
 H E Beginning of the fourth Century of Man's Redemp- 
 tion, and the Courfe of the fubfequent Years, brought 
 about luch ftrange Revolutions in the Roman Empire, 
 that being monftroufly dcform'd in its Head and Alem- 
 bers, afluming another Countenance and new Shapes, it 
 was no more known to be the lame it formerly had been. 
 For all generous Cuftoms being laid afide, and the Romans 
 having given themfelves up a Prey to Eale and Luxury ; 
 from robuft and couragious, they became effeminate and 
 feeble ^ from grave, levere and uncorrupted, full of 
 Ambition and diflblute. By which means their military 
 Difcipline became enen'ated and decay 'd; and thofe Arms which formerly had 
 carried Terror and vidorious Banners to the utmoft Limits of the World, fo defpi- 
 cable and unfit for War, that they were no longer able to keep under the Power of 
 the very Nations, over whom they had fb much and fb often glorioufly triumph'd ; 
 but, to their eternal Ignominy, yielded, and fuffer'd themfelves to be fhamefully 
 fubdued, and the Empire in a fhort Time deftroyed and miferably o\er-run. 
 Pannonia^ Rhetia, Mefta, SThracia, and Illyricntn were fubdued by the Huns : The 
 two Galltas lofl : Spain under the Power of the Vandals and Gotbs : Africa already 
 poffefs'd by the Vandals : Britain by the Saxons : And Jtc'^ly, the Queen of the 
 Provinces, vanquifh'd and overcome likewife by the Goths : And Ro}?ie itfelf fiick'd 
 and deftroyed. Neither had the Romans better Tortunc in procefs of Time in the 
 
 Eaft.
 
 ^ 5 The Civil History of Book II. 
 
 Eaft. Syria, Phoenicia, Paleftine, Egypt, Mefopotamia, Cyprus, Rhodes, Crete and 
 Jnucnia were poflefs'd by the Saracens. Afia Minor loft, and at laft all the 
 Provinces of the Roman Empire fubdued and overcome. 
 
 AS theEmpirc decay'd, lb did Learning and all Diftipline: The Jurifprudence began 
 tololeitsLuftre, and that Dignity, in which, for a Tradl of fo many Years, ib mahy 
 Civilians, the Favour of the Princes, the Wifdom of the Magiftrates, the Lcarnihg 
 of the ProfelTors, and the Excellency of the Acadamies had maintain'd it. The 
 Names o{ Papintanns, Paulas, and Jfricamts were no more heard of: The Oracles 
 ceaied, we (hall never ha\e any more Refponfa given us by their Succefibrs ; who 
 being of oblcure Fame, imdertook no other Ciiarge, but to teach in the Academies, 
 thatWhichthofc great Souls had left by their illuftrious Labours. And even of 
 theie (liich lamentable and calamitous Times fuccecding) Icarcely a Trace or obfcure 
 Knowledge hath reach'd Poftcrity ; which likewilc would have been altogether loft, 
 if theWildom of Valentinian III. opportunely with hisConftitutions, had not reftor'd 
 them. And alio the Knowledge of the Laws, which was only profcfs'd by the 
 brighteft Genius's of the City of Rome, was now bafely manag'd and reduced to be 
 theEmplovment of the vileft Men in the World. 
 
 THOSE prudent and wife Conftitutions of the Princes, fram'd with fb much 
 Elegancy and Concilenels, were no more read with Admiration and Amazement j 
 but from that Time forward, prolix and Iwelling ones, more becoming a Declaimer 
 than a Prince, and not to be compared with the firft, either for Eloquence, 
 Gravity, or Civil Prudence. 
 
 THE Magiftrates having loft that Rigour and Learning, took other Names, 
 and with new Names, likewilc new Cuftoms ; of Uncorrupted became Mercenary j 
 of Wiie and Grave, Ignorant and Inconftant ; of Moderate, Ambitious ; and finally, 
 full of Extortion and lb Licentious, that if the Prudence of Co;;y?^Hm/e, Valeutinian, 
 and fome other Princes from Time to Time, had not reprefs'd their Venality and 
 Ambition, by the means of many Edids ', which they publifh'd for thait Eftd, 
 grievous and enormous Diforders would have enfu'd. 
 
 THE Academies, by the Ignorance of the Profeftbrs, and the depraved Man- 
 ners of the Youth, were already render'd ufelefs and full of Irregularities. The 
 Youth given up to Riot, intemperate Feafts, Games, Shews, Whores, and a 
 thoufand other Sorts of VVickednefs, feldom frequented them ; lb that they would 
 have been altogether laid afide, if the Care of Valentinian the Elder had not been 
 ready to reftorc them with his XL Academical Laws, which he directed to Olibrius 
 Prtefedl of Rome, in the Year 370. 
 
 SO many and ftrange Changes, ought to be attributed not only to corrupt Dis- 
 cipline, and depraved Manners, but likewile to that new Divifion and new Form, 
 which Conftantine was pleafed to make in the Empire. He was the firft that put in 
 pradtife that which Dioclejian had attempted formerly, to divide the Roman Empire 
 into two principal Parts, and of one to make two Empires'. Forafmuch as altho* 
 fometimes there had been more than one Emperor who reign'd at the fame time j 
 neverthelefs they had never made any Divifion amongft them ; neither had ever the 
 Empire or the Provinces, or the Legions been allotted by way of Heritage. Con- 
 ftantine was the firft, as Eufebius fays ^, who divided the Roman Empire into two 
 Parts, ^md qiiidem nunqiiam aiitca faffum ejfe memoratur. For which Purpofe he 
 applied himlelf wholly to the founding of Conftantinople in the Eaft, in which he 
 employed all his Magnificence and Power, that it might vie with Rome; and as the 
 one was Head in the Weft, fb the other might be in the Eaft '. Therefore he 
 divided the Empire into the Eaftern and Weftern, afligning to each its Provinces. 
 All thefe Ultramarine Provinces, from the Streights of the Hellefpont, to the Mouth 
 of the Nile, Egypt, Illyrictim, Epirus, Achaia, Greece, 7'heffaly, Macedonia, ^bracCy 
 Crete, Cyprus, nW Dacia, Mcfia, and the other Provinces of that Tradt, heputundct 
 the Eaftern Empire, and Conftantinople as its Head, and were divided into many 
 Jurifdidtions. To the Weftern Empire, and the City of Ro7ne, he left Spain.i 
 Britain, the Galliae, Norictim, Pannonia, the Provinces of Germany, Dalmatia, all 
 Africa and Italy j difpofing them in fuch a manner, that two Emperors might govera 
 the Empire, the one in the Weft, the other in the Eaft. He divided likewife the 
 
 ' We read it under the Tit. de Off. Reft, i * Eufeb. lib. 8. cap. 7. Valcf. ibid. 
 Proviu. in Cod. Theodof. I * Jacob. Gucher. di Off- domus Aug. lib. 2. 
 
 * Pag dill', de Conlulib. pag. 79. » cap. 6. 
 
 3 Senate,
 
 Book ir. 
 
 the K I tic DO lA of NAPLES. 
 
 57 
 
 Senate, and thofe Senators who were eledtcd for the Provinces of the Weflerii 
 Empire, were to remain at Ro;w, and thofe for the Eaftern at Conftantmople ; and 
 divided the Confuls after the lame manner. He gave to Conjianttnople as well as 
 Rome, the Prefecture with the fame Pre-eminencies and Privileges i and all the oher 
 Parts of the Empire were divided in different Manners. Which new Divifion we 
 muft here diftindly treat of, fince it will not only icrve for underft.-mding the fpccial 
 Polity, and Temporal State of our Provinces, but alio be of Ule, for giving a 
 more diftin(5b Knowledge of the Ecclefiaftical Policy, and how it came to be intro- 
 duc'd into the Empire and our Kingdom, in the manner it now is. 
 
 CHAR I. 
 
 Of the 'D'ifpofitwn of the Empire under Conftantine the Great. 
 
 ^ONST'ANI'INE, by the Example of his PredeccflTors, being jealous of 
 the too great Power of the Prxfetti Prxtorio, who had often ufurped 
 the Empire, divided that Office into four Parts, by making four Prc- 
 fed;ures, and dividing the Roman World into four Climates or Re- 
 gions. Thele encompalfed an immenfe Space of Heaven and Earth ; 
 and within their Limits were comprehended many Jurifdidlions ' : 
 Thefe were the Oriental^ the Illyrick, the Galhcaii, and the Italian, to which he 
 gave four Reilores^ whom he call'd by the ancient Name, but' by a new Ad- 
 miniftration, PrxfcSli ad Pratorium : We have put Italy in the lall: Place becaufe we 
 are to flop there. 
 
 The K I E N "f J L. 
 
 UNDER the Command of the PrxfeSius Prxtorlo of the Oriental, he put five 
 JurifHiftions, which were, the Oriental, the Egyptian, the Afiatick, the Pontick, 
 and the I'bracian ; which Jurifdid:ions, as is mauifed: from the T'heodojian Code, and 
 from the Afts of Ibme ancient Councils, were made up of many Provinces ' in thole 
 Da)s. 
 
 1. IN the Or/>»f<^/ Jurifdidion, the Head of v.'hich was the City o£ Antiochy 
 there were XV. Provinces. I. Palefiinc the Firft, II. Palejime the Second, 
 
 III. Phoenicia the F\x?fi,\Y. Syria, Y.Cilicia, VI. Cyprus, \ll. Arabia, Vlll. Ifauria., 
 IX. Paleftine the Healthy, X. Phoenicia of Libaniis, XI. Enphratenfis, XII. Syria 
 the Healthy, XIII. Ofdroena, XIV. Mefopotamia, XV. Cilicia the Second. 
 
 2. IN the Egyptian Jurifdiclion, the Head of which was Alexandria, there were 
 
 VI. Provinces. I. The Upper Lyhia, II. The Lower Lybia, III. The T'hebaide, 
 
 IV. The Egyptick, V. The Arcadian, VI. The Atigiiftianick. 
 
 3. IN t^e Afiatick whofe Head was Epheftis, there were X. Provinces. I. Pam- 
 pbylia, II. Hellefpont, III. Lyclia, IV. Pifidia, V. Lycaonia, VI. Phrygia Pacaftaua, 
 
 VII. Phrygia the Healthful, VIII. Lycta, IX. Carta, X. The Illands of Rhodes^ 
 Lesbos, and thofe of the Egean Sea. 
 
 4. THE Pontick had XI. Provinces, and its Head vras Cefarca, and thefe were, 
 I. Paphlagonia, II. Galatia, III. Bythinia, IV. Ilonoriades, V. Cappadocia the Firft, 
 VI. Cappadocia the Second, VII. Pontiis Polemoniacus, VIII. Ilclenopoiitus, IX. Ar- 
 menia the Firft, X. Armenia the Second, XI. Galatia the Healthful. 
 
 ' Jacob. Guther. de Off. domus Aug. lib. 2. [ inftir. DuPin.de Antiq. EccLdifcDilTcr. 2. §.8, 
 cap 6. 1 1. 9. C. Th. dcLcgatis, I. ^. C Th. dc equor. 
 
 ' Perr. dc Marca de Patrkrc- Conftantin ' conlat, Ballanio iu cap. 9. Cons;. Clu'cc.lon. 
 
 S s- Th«
 
 ^ 8 The Civil History of Book If. 
 
 5. THE I'hraciitu^ firft had Her ticlca for its Head, afterwards CoHfiaiitimple, 
 and w as made up of fix Provinces. l.Eurcpe^ II. I'hracij, HI. E/nnuontus, IV. R/jo- 
 f?<;/^^, V. ^1-/c/fJ the Second, VI. Scytbia. 
 
 'I'hc 1 L L r K I C K. 
 
 UNDER, the Government of the Prafe^us Prxtor'io of Jllyrictim tliere were 
 two Jurifdiclions, the Macedonian and the Djcidii. 
 
 1. THE Macedonicn, the Head of which was ^hejfalonka, was Gompos'd of fix 
 Provinces. I. Achaia^ H. Macedonia^ III. Cv/c, IV. I'hejfaly^ V. Eftriis the Old, 
 and Ep'trus the New, VI. A Part of Mdcedo7iia the Healthy. 
 
 2. THE Ddcian of fi\-e. I. The Mediterranean Dacia, II. D^f/V? Ripeufis, 
 in. JWf^« the Firft, IV. Dardania Prevalitana, and V. Part of Macedotua the 
 Healthful. 
 
 The" G'^^ L L I C J K 
 
 UNDER, the Adminiftration of the Prcefediis Prxtorio of the GaUiae, there were 
 three Jurifdiftions, the Gallicati, the SpaniJJj and Britijh. 
 
 1. THE Gal/ican was made up of feventeen Provinces, and were I. The ^/^w- 
 jienjis, II. The Lagdinieufis the Firft, III. Geruianta the Firft, iW.Ger mania the 
 Second, V. Belgium the Firft, VI. Belgium the Second, VII. The Maritime Alps, 
 VIII. The App'cnninc Alps, IX. Maxima Sequana, X. Aquitaine the Firft, XI. yf;//.'/- 
 /^/Ke the Second, XII. No'uein^ Popfdana, or Gafcony, XIII. Narbonenjis the Firft, 
 XIV. NarboJienJis the Second,'. XV. 'Lz/^rfw/e/zy/j the Second, X.VI. Lugdunenfis 
 'turonia, XVII. Lnzdunenfts Senmica. 
 
 2. THE SpaniJJj was compos'd of feven Provinces. I. Betica, II. Lufitauia, 
 HI. GaUicia^ IV, .^erragonenfis, V. Carthaginenfis, VI. ^ir.gitania, VII. The 
 Balearcs. " 
 
 3. THAT o{ Britain of five. 1. Maxima Ccefarienfis, ILVakntia, III. Britan- 
 nia Prima, IV . Britannia Seciinda, Y. FlavifCcefaricnJis. 
 
 The I 7' J L I A N. 
 
 LASTLY, under the Praefe^us Pr^ttorio o( Italy, there were three Jurifdidions ; 
 the Italian, the Illyrick, and the African. The Jurifdidion of Illyricui,i, of which 
 Sirntium was the Head City, was compos'd of fix Provinces. \. Pannonta Secunda, 
 II. .fowi?. III. Dalinatia, IV. Panmnia Prima, V. Noricum Mediterraneum, VI. A'on- 
 c«;k Kipenfe. The African of five. I. Afm^t where Cartbagc ftood, II. Btfacenc, 
 \\\. Mauritania Sitipbenfis, IV. Mauritania Qefarienfis, V. T-ripolitana. 
 
 II'AL T was divided into feventeen Provinces, as they were diftinguifti'd under 
 Adrian j and that Divifion continu'd as far down as Longiniis's Time, whole Order, 
 according to the Book of the Notitia of the Empire (which no-body doubts of its 
 being very Ancient, and compofcd in the Time of T^beodoftis the TbungerJ is as 
 followcth, I. Veuetia, II. Emilia, III. Liguria, IV. Flaminia, and Picenum Anona- 
 rium, V. I'ufcia and Umbria, VI. Picenum Stihurbicarium, VII. Campania, VIII. 
 Sicilia, IX. Puglia and Calabria, X. Lucanin and the Brutii, XI. J^/pej Ccttice, 
 XII. R/j'^r/^ Pr/;«^, XIII. R/j»ff/i^ Secunda, XIV. Samnium, XV. Valeria, XVI. 
 Sardinia, XVII. Corfica. 
 
 PAUL II ARNIFKIDE ', Deacon in y^f^/.'-'/f^/^r ranketh them feveral ways ; as 
 for Example, Liguria, which is here in the third Place, and Emilia in the Second, 
 he placeth in the Second and Tenth. But there is a greater Difference amongft 
 them, fince Pitw/, by dividing the Province of the y^//).? into two, calling 
 the other the Appenine Alps, adds one more to their Number than is delcrib'd 
 in the Notitia, where only the Alpes Cottiue are found. But he, as Camillus Pclle- 
 grinus laith ^, having made that for his own Pleafure, fmce he citcth in his own 
 Favour, Aurelius Villor's way of Reafoning againft thofe who did not count tlicm 
 two, and did not rather cite an Imperial Rescript, which would have been a proper 
 
 ' Paol. Diac. Hift. Long. lib. 2. cap. 11. [ - Pdlegrin. nella Campanl* 
 
 Authority 
 I
 
 Book If. the K i n g d o .\i 0/ N A P L E S. 59 
 
 Authority for lupporting his Beliefi ib likewife for his own Pleafurc he ou^ht to 
 havechang'd the abovelkid Order of ranking, which is of much lefs Conftqucncc. 
 
 ALL thde Provinces were not on the iame Footing, alcho' they all obcy'd, and 
 were under the Dircdion of the Prxfeflus Pnttorio of Ita/y, yet they had fcveral 
 other more immediate Adminillrators, to whom the Government of them was com- 
 mitted. They were firll divided into two Lieutenancies, tlie one of iiowe, 
 and the other of Italy. In the Lieutenancy of Roti/e there were ten Provinces, 
 Campania, Hetruria and Umbfia, Plcenum Suburb tear imn, Sicilia, Puirjia and Ca/a- 
 Iria, Lucauia and the Rrutii^ Sauniinm, Sardinia, Corfica, and Valeria. In the 
 Lieutenancy of //..'/r, the Head of which was Milan ', there were feven Provinces, 
 Ligiiria, Einilta, Flaminia, and Picemim Annonarium, Veiietia, to which afterwards 
 I/rria was added, the Alpes Cottia, and both the Kbe'tia. The firft were under tlic 
 Government of the Lieutenant of Row?, whence they were caifd Pro'vinciix Suhur- 
 hicarix. The fccond were under the Lieutenant of Italy, and therefore by fome 
 A\Titers fimply cail'd Pro^'inces of Italy, diftinguifhing them from the others ; which 
 altho' they were incloied between the Alps and the two Seas, and lb a I'art ol Italy, 
 (taking that Word in its large Signification) neverthelefs, ftriclly fpeaking, the 
 Provinces of Italy w ere thofe only that were under the Command of the I.ieutenant of 
 //.?/y, whofe Seat w as Milan. 'I hus wc obicrvc in the Ac'ls of the Council of Sardica, 
 which was celebrated in the Year 347 ; the Cuftom then being, that the Bifhops who 
 were at the Council, not only fign'd with the Name of their City, but likewile their 
 Pro\ince, fomc of them fign'd after this manner : Janiiarius a Campania de Beic- 
 njento. Maximus a 1'iifcia de Luca. Lucius ab Italia de Verona. Fortunattis ab 
 Italia de Anmleja. Stercorius ab Apulia de Canitfio. Securius ab Italia de Ravenna. 
 Urfacius ab Italia de Brixia. Portafuts ab Italia de Mcdtolano, 6cc. And the Realbn 
 was, becaufe Verona, Aqutleja, Ravenna, Brcfcia and Milan were of the Provinces 
 which were under the Government of the Lieutenant of Italy, which coiild not be 
 faid of Benerentui't, Lucca, and Camifnm, which were in the Pro\inces of the Lieu- 
 tenancy oi Rome, and not in that oi Italy. 
 
 THESE Provinces had likewife other more immediate Officers, to each of 
 whom in particular, the Government of a Province was committed ^ but thev were 
 not all of the fame Rank and Quality. Some were cail'd Conjular, becaule llich 
 was the Quality of their Commander : As Venctia, Emilia, Liguria, Flaminia and 
 Picenum Annonarium, I'ofcana and Umhria, PicenumSubiirbicarium, and ow Campania. 
 Others were cail'd Correttorial, becaufe they were govern'd by CorreSiores, and not 
 by Confuls ; fuch were Sicilia., Piiglia and Calabria ; Liicania and the Briitii. And 
 laftly, fome were cail'd Prxfidial, becaufe they were under the Diredlion of Prefi- 
 dents ; and thefe were the Alpes Cottiae, the two Rbetias, and our Samnium, Valeria, 
 S.irdinia and Corfica. So the Chief Rulers of thefe Provinces were Prcefedi Prcetorit, 
 the next Vicarii, and the laft and more immediate were Confularcs, CorreHores and 
 Prxfides ; of which Offices and Employments it will be ncceflary briefly to treat in 
 this Place. 
 
 ' P. de Marcade Contor. lib. i. cap. 3. num. 11. 
 
 CHAP.
 
 6o 
 
 The Civil History of 
 
 Book II. 
 
 CHAP. II. 
 
 Of the Officers of the E M "P I R E. 
 
 'HE Prxfc^i ad Prxtcriim -vcQre thofe, on whom, next to Cxfar^ all the 
 chief Honours and prime Dignities of the Empire were conferr'd ' : 
 To them was given the Sword by the Emperor, as a Badge of their 
 great Authority - : Under whofe Management and Government there 
 were many Jurifdidtions compos'd of many Provinces: They had 
 under them the Vtcarii, the Kefiores of the Provinces, the Conjulares^ 
 Correflores, Pfajides, and all the Magirtrates of thefe Jurifdidicns which were under 
 their Care. They were to attend vigilantly, and to fupply the Defedis of thefe 
 Magiftrates % to admonifh them, to inform them of the Laws ; and, in a Word, to 
 watch over all their AAions : Which Magiftrates for their Part were to haverecourfe 
 unto the Prxfcffi, to report to them, and adAife with them in dubious and difficult 
 Matters. Moreover, it was lawful to appeal from all the forefaid Tribunals to the 
 Prcefe^fi, who were to examine into the Caufes of the Appeals, and to confirm or 
 refufe the Sentences ; and from the Decifions of the PrxjefrL Prcetnrio there was no 
 room for Appealing but only by Ketrallation, which we now call Reclamation \ 
 
 THE Emperors for the moft part were wont to dired: their Statutes to the Pra- 
 fecii, that they might proclaim them in the Provinces under their Government : They 
 had likewife under their Infpedion the Proconfuls, and they had many other Prero- 
 gatives, of which Codiims, Gottifredus^ a.ndja?/ies Giitenis have learnedly written '. 
 There were befides thefe, two other Prxfe^i appointed for the Government of the 
 two principal Cities of the World, to wit, Rome and Coufiantimple^ under whole 
 Power were the Prxfedi Annonx^ who had the overfeeing of the Markets, and 
 many other Magiftrates, who were by various Employments appointed to take Care 
 of, and govern thcle Cities, whom we have no occafion to mention here. 
 
 AFTER t\\t Prxfe^i the Proconfuls were next; an illuftrious Dignity, and 
 adorn'd with high Enfigns, the Ax, and the Fafces. In the Eaft there were two of 
 them, to wit, in Achata and Afia^ and Ibmetimcs there was a third in Pakfiiue. In 
 the V/eft there was only one, and that was in Africa. 
 
 THE Vicarii held the third Place, inferior to the Proconfuls, but much fuperior 
 and more eminent than the other Magiftrates. Thefe, bccaufe they reprelentcd the 
 Office and Perfon of the Pmfeil/, were call'd in old Inlcriptions Proprxfecli ; and 
 were fet over whole Jurifdidtions, and the Provinces of which they were compofed. 
 They were above Rcftorcs, and other inferior Magiftrates. Their principal Care 
 was to inlpedt the Tributes and rhtAumux ; to punifli Delcrters and Vagabonds ; and 
 keep them till they acquainted the Prince of them *. They not only judged ex Ordine, 
 but often ex Appellatioiu', and fometimes likewiie ex Delegato '. The Vicarii had 
 Afia.^ Poutica, T'hraaa the Eaft, Macedonia, Africa, Spam, Gallia, and Britain. 
 There was befides, the Vicarius of the City of Rome, under whofe Direction, as 
 hath been laid, were fome Provinces of Italy ; on which account they were call'd 
 
 ' Jacob. Guther. dc Off. domus Aug. lib. 2. 
 
 cap- I- 
 
 "■ Plln. in Paneg. 
 
 3 Guth. loc. cic. cap. 2. de Off. dom. Aug. 
 
 ■♦ Guth. loc. cic. cap. 5. 
 
 ' Codin. dc Off. Aul. CoiifV. Got. in Notif. 
 P P. to 6. C. Til. Gi:th. de Off. do.-n. Aug. 
 lib. z. cap. I, 2, ;, 4. 
 
 '" Petr. de Marcadc Patriarch. Coiiftit. Inftit. 
 
 ' Jacob. Got. in Notlcia, to 6 C Th. 
 
 Prcvincix 
 
 I
 
 Book II. ^Z?^ K I N G D o M o/' N A P L E S, ^ i 
 
 Provinciie Siihiirhic^rice. Italy alfo had its Vicarius, under whofe Government were 
 Ibme other Provinces, whence they were were properly iaid to be o^ Italy. And all 
 thefe, as being of a high and eminent Degree, were call'd Jtidices Majores '. 
 
 THEN follow'd the Officers of lower Degree, for which they were call'd Jtidices 
 Miuores i among thefe the Re^^orw of Provinces were the Chief, to whom the Go- 
 vernment and Adminiftration of fome of them was given : Thefe were under theDire- 
 ftion of the Propmfe£li P. to whom Appeals could be made. They had Jus ^l.^dii • 
 and their principal Charge was to determine Pleas both Civil and Criminal," cither 
 where the Goods or the Life of Men were concern'd ; and to fee that no Wron^ or 
 Detriment was done by the lefler Officers to their Provincials ; and for that End 
 they were oblig'd at certain Times of the Year to make Circuits over all the Province' 
 not only in the Cities, but likewife in all the Villages, to hear the Complaints of 
 the Provincials, and diligently to enquire into the Infolencies and Diforders that had 
 happened, and to redrels them. To them was direded that Golden Edid, which 
 punifh'd Bribery and Extortion fo feverely in Magiftrates, which we read in the 
 ^beodofian Code ^ 
 
 I N the fecond Place were the Confulares, to whom the Government of one 
 fingle Province was committed. Thefe were of greater Dignity than the CorreSiores 
 and the Prxfides ; and they had likewife for their Badge the Fafces, and were 
 diftinguilh'd by the Title of ClariJJhni. The Emperors were wont alfo to direft 
 their Conftitutions to the Confulares ; and on that account they were of greater 
 Dignity than the Corre^oriales and the Prxfidtales. Among others, Phcenicia had 
 its Cciifiilaris, who had his Refidence fometimes in Tyre, fometimcs in Bcrytis, and 
 fometimes in Damafats, to whom many Laws were diredled by the Emperors. All 
 the moft noted Provinces of Italy were for the moll part under the Government of 
 the Confulares^ fucli as Eiuilia, Ltgitria, Venef.a, Picenum, Sicilia, Flammia, and 
 our Campania. 
 
 NEXT to the Confulares were the Corrc^ores, to whom likewife was committed 
 the Government of Provinces, under the Direction of the P. P. and were alfo 
 dignified with the Title of Clariffinii. Thefe were Icarcely any thing inferior to the 
 Confulares^ therefore much above the Dignity of the Prafdes : And alfo to them 
 the Princes directed their Conftitutions. Some Provinces of Italy were govern'd by 
 Corre^ores, fuch as fofcany^ whofe Refidence was in Florence ^ : Puglla and Cala- 
 Iria, Lucania and the Brutii, of which we fhall hereafter treat more diftindly. 
 
 IN the laft Place come the PrafJes, to whom likewife the Government of Pro- 
 ices was committed ; they were alfo called Clariffimi, and had for Enfign the Ban- 
 r, and were under the Command of the P. P. The other Provinces o( Italy were 
 under the Adminiftration of the Prafdes, fuch as Sanmiuni, Valeria, the yilps, the 
 two Khctias, Sardinia, and Corfica j and feldom did the Emperors dired their Con- 
 ftitutions to them. James Guterus * ranketh them otherwife, putting the Pra/ides 
 firft, next the Confulares, after them the CorreSlores, and in the laft Place the 
 KeSiorcs of Provinces, following in thatZe«o ' in one of his Conftitutions, which we 
 read in the Juftinian Code. But we rather choofe with Gotifredus '' to follow the 
 Order held by the Emperor Gratian in the ^beodofian Code, where the Prxfides are 
 in the laft Place. 
 
 vinces 
 
 ner 
 
 under 
 
 * L.cr deOfF. Reft.Provinc.Revard. Coll.;. 
 10. Got.l. unic. C Th.deom.aft. impetr. 
 
 » Cod. Th. tit. de Off. Reft. prov. 
 
 * L. 8. C. Th. dc accufac 
 
 * Gut. de OfF. domus Aug. lib. i. cap. /, 
 6, 7, 8. 
 
 ' Zcnoinl. i. C. ut cm. Jud. tam CivIL 
 
 * L. 13. C. Th. de Accufationib. 
 
 T CHAR
 
 6i 
 
 The Civil History of 
 
 Book If. 
 
 CHAP. III. 
 
 Of the Officers to (whom the Government of our Provinces 
 
 twas committed. 
 
 HAT which we now call the Kingdom of Naples, whether we 
 regard the Difpofition of Adrian, or that of Conftantine, was 
 divided into four Provinces only ; lb that Campania is not now 
 altogether within its Bounds, but part of it is withoutt them, and 
 comprehendeth feveral Countries which now belong to the State of 
 the Church of Rome. Thefe Provinces were I. Campania, II. Pu- 
 glia and Calabria, III. Lticania and the Brutii, IV. Samnium. Of 
 which one was Conjular ; two Corrcilorial ; and the other Prxfidial. And all of them 
 in the Vicariate of the City of Kome ; for which reafon they were all call'd 
 Suburhicarix. 
 
 I N the mean time, the Order of this Work requireth, that we (hould difcourfe 
 ieverally of each of thefe Provinces j of the Magiftrates to whom the Government of 
 them was committed ; of the Laws, and their Inftitution ; that we may fee what Form 
 of Polity they had in the Time of Conftantine, down to the laft Emperors of the 
 Weft. 
 
 SECT. r. 
 
 of CAMPANIA and its Confulares. 
 
 ''T^HAT Country, which, as Paul ' JVarnifridss faith, for the Fertility and 
 JL Plealantnefs of the Fields which arc about Captia, was call'd Campania, had 
 of Old at different Times, fbmetimes more narrow, fbmetimes more fpacious Bounds, 
 than it hath at this Day. Once it was extended from the Precindts of Kome to the 
 River Silaris in Liicania ; it included Bencwentuin : On the other fide it fpread its 
 Limits to Equo-Tiitico, now call'd Ariano. It was therefore reputed one of the moft 
 famous and noted Provinces of Italy ; and for the Largenels of its Extent, and the 
 many and famous Cities which adorn 'd it, but efpecially Capua its Head and Metro- 
 polis, it was renown'd and illuftrious ; therefore, for the Government and Admini- 
 ftration of this Province there were no Correflcres nor Pnefides lent, but Con- 
 fulares : A Magiftratc, as is faid, altho' inferior to the P. P. and the Vicarius of 
 Rome, under whole Direction it was govem'd, neverthelefs adorn'd with greater 
 Prerogatives than the Corre^ores and t\\t Prxfides. Their Seat was at C?/)/;^ ; It 
 was in fuch Eftecm with the Emperors, that frequently they direfted the Conftitu- 
 tions and Imperial Mandates to them. 
 
 CONST'AN^TIN E the Great, after having defeated and ^AVdMitxentius (who 
 had caus'd himfelf to be proclaim'd AugitjUis in Rome, and had lorded it for fix 
 
 Paul Diac. 1. i. cap u. 
 
 Years
 
 Book ir. the K i n c d o m of N A P L E S. 6^ 
 
 Years over Italy) triumphing in Rome and all Italy^ and all the other Provinces of 
 the Weft fubmitting themfelves willingly to his Government, as the Qallix^ Spjiu 
 and Britain had done before them, while in the Year 313. he rcfidcd in that City' 
 he began to repair the Damages whieh Italy had fuflain'd, and to provide for its 
 Neceflities. He publifh'd, for that End, many profitable and wliolfome Decrees 
 ■which he directed to the People of RcinCj and which we have to this Day in 
 the Theodofian Code ' ; and from thence going to Milan, by Means of other 
 Edids, which hepublifli'd in that City, he rc-cftablifh'd the Affairs of It:dy the 
 beft Way he could. Afterwards he went into Ga!I:a and Pannouia, and having made 
 Peace with Licinitts, from thence he return'd to Italy, and in the Year 315 he 
 ftaid fbme time in Aqutleja, and from that went toKomc and MiUm : And in the 
 fucceeding Years, after he had travell'd into Dacia and Gallia, he returned to Koine 
 in the Year 319, where, for the four Years following, he was bufied and intent, as 
 much as in him lay, by various Edids in reftoring the Affairs of Rcnie and Italy 
 to their ancient Form. 
 
 BUT afterwards pafling into the Eafl, and in the Year 325, having vanquiOi'd 
 and kill'd Licinius, and being now Monarch of all the Empire, he began ( as 
 Pagi % contrary to the common Belief, attemptcth to prove ) to lay the Founda- 
 tion of Neiv Rome j and although in the following Year 326, returning into 
 Italy, by y'lqtiileja, he went to Milan, and thence to Roi/ie ; neverthelefs he after- 
 wards left that City and never return'd, but remov'd his Court into the Eaft for 
 ever ; where, in the Year 328, being defirous to finifh the huge Bulk of Coiifian- 
 tinople, he apply'd himfelf to it with all his Care and Induftry, and there he fpent 
 the Remainder of his Life, being fatisficd to look on the Affairs of thel'e our Parts 
 at a Diftance. Hence arole all the Mifchiefs in the Wefl-j which in Frocefs of 
 Time brought on the Deflrudion of Rome, and the Difiblution of the Empire : 
 From thence fo many Complaints of the Romans ; which gave occafion to Porphyriusy 
 in his Panegyrick on Confiantine, conjuring him, to fay, 
 
 Et reparata jttgans mafii ditortia Miindi 
 Orbes junge fares : det Leges Roma 'volentes 
 PrifiCfpe te in Populos. 
 
 For which Caufe fome have reputed him rather the Deflrroyer of ancient Rome 
 than the Builder of the New. Having entrufled the Government of Italy to his 
 Officers, all good Difcipline began to decay ; and he being at a Dilbnce, they 
 abufed the great Power that was put in their Hands, and in a fhort Time the Strength 
 and Vigour of thefe our Provinces began to decline. He left the Adminiflration 
 to the Prafe^iis Pratorin^ to the Vicani, and laftly to the Conftdares, the Corre^orcs, 
 and the Prcefides, to whom the Government of each Province was committed. 
 
 THE Prtzfehus Prat or io of Italy under that Prince, in the Year 321, was 
 Menandrtis : In the following Years, 334, 335, and 336, Felix was ; who, from 
 being Prxfes of Corfica in the Year 319, was in thefe Years advanc'd by Confiautine 
 to fuch a high Dignity. He had for his SuccefTbr in the fame Year 336, Grea-orius 
 of whom Optatiis Mtk'vitanus in his Books frequently maketh mention. Of the 
 Vicarii of Rome who governed under Conftantine, there is no other Memory, but of 
 a certain Gennariis or Gennarinus ', in the Year 320. 
 
 B U T as for the Confulares of this our Province of Campania, we are neceffitated 
 from long Oblivion, where they have been bury'd to this Day, to fubtradl the 
 Records of them. 
 
 THE firft, of whom we have any Account, that govern 'd under Coiiftantine the 
 Great immediately in our Caiupania, was Barhariv.s Povipejanus. He, as all the 
 other Confulares of this Province did, kept his Refidence in Capua, which was the 
 Head of it and the Metropolis. Conjiantine the Great, in the Year 333. while he 
 ftaid in 'Thracta, and properly in y^pros, a Place not far diflant from Cuujlantiiwple, 
 direfted to him, at his Requeft, that fo rcnown'd and famous Conllitution *, by 
 which it was enjoyn'd to ail Magiflrates, to enquire narrowly into the Trutli 
 of the Supplications, contain'd in the Refcripts obtained from the Prince, fo as 
 
 ' L. I. de Ccnf. lib. i. de Petit. & Dt-at. j ' Got. In notitiaDign. rom. 6 C. Th. 
 "■ Pagi in Dilier. de Confulib. pag. 145-. J * L. 4. C. Th. de Diverf. Refgript. 
 
 that
 
 ^4 ^/-'^ Civil History of Book II. 
 
 that they might not be put in Execution, if the Allegation of the Party was not 
 conformable to Truth ; with which Jnjlmian was fo well pleafed, that he would 
 have iiiicrted it in his Code likewife ' j which the Popes fince have alfo imi- 
 tated, by inferting it in their Decretals \ 
 
 THE other Cw/y/.'/.'zm of this Province, who govern'd under the fame Prince, 
 was Manjoi-tius Lcllianus^ from the Teftimony which Julius Ferimcius gives us ^ ; 
 To him, Finnicius, in the Reign of Co?//?rt«r;'w, dedicated his Books of Aftronomy, 
 extolling, in the Preface of the Work, the great Merits of fuch a great Perfbnage % 
 who after having laid down the Badge of Coiifnlaris of Campania, was, by Con- 
 fiantinc, rais'd to higher Honour, by giving him the Government of all the Eaft, 
 and laftly the Badge of an ordinary Conful ; and Conftantine being dead, he was 
 afterwards in the Year 342, under Conftans^ again made P^aefeflus of the City of 
 Rome ; and under Conftantms, his Brother, was likewife made Prxfe^iis Pratorio of 
 Italy. Ardmiant'.s Marcellinns maketh mention of him alfo, in which Author, in 
 the Tranfadtions of the Year 356, we likewife find his Elogy K 
 
 W E have no Knowledge of any other Confnlares of this Province during the 
 Rei<^n of Conftantine : Neither do we read in the 7'beodoftan Code, any other Con- 
 ftitutions of that Prince direded to any other Confnlares of our Campania • yet 
 there are not wanting in his other Edifts direded to the Pr^efe^us Pratorio of Italy, 
 or to the Vicarius of Rome, to whom he not only enjoineth the Care of the 
 Jurifdidions committed to their Charge in general, but in many of his Laws, other 
 fpecial Provifions are made for this Province in particular. 
 
 I N the mean time, in the Month of May in the Year 337, this Prince died, 
 whofe magnanimous Enterprizes gave him the Surname of Great, and his Son 
 Confeans fucceeded to the Empire of the Weft ; to whom, by the Divifion made 
 with his other Brothers, Africa, Illyriciim, Macedonia, Gracia, and Italy belong'd, 
 and conicquently thefe our Provinces. On which Account, we read many Con- 
 ftitutions of this Prince in the I'heodofian Code, concerning the Government of 
 them and particularly of Campania ; and tho' we know not the particular Con- 
 fularis who had this Province under Conftans, yet we fee his Laws, by which we 
 perceive that he had the particular Care of it much at Heart. Of this Prince is that 
 Law infertcd in the abovefaid Code, under the Title de Salgamo, read and accepted 
 in Capua, the IVIetropolis of this Province, proclaimed by him in the Year 340, for 
 reprefling the Infolency of the Soldiers, who, on Occafion of the War he had at 
 that Time in Italy, with Conftantine his Brother ( "^^ho that fame Year was van- 
 quifh'd and kill'd near Aqiiileja) were making Difturbance in Campania, and by 
 their Misbehaviour and military Licentioufnefs, were robbing the People both of 
 their Honour and Subftance ; and what Athanafins writeth in his Apology to Con- 
 ftantiits *, is a ftrong Argument for making us believe, that Conftans had made 
 "fbme Stay this Year in Capua. 
 
 BUT about the Year 350, Co;;_/?^«j dying, ten Years after his Urother Cok- 
 ftantine, his other Brother Conftantius remain'd Ible Emperor ; by which, thefe our 
 Provinces, with Italy, fell under his Empire. In whofe Reign, in the Years 352 
 and 353, Merilius Larianus was Prxfe£lus Pnetorio of Italy ; to whom fucceeded 
 Mavortius Lollianus in the fame Year 353. In this and the following Years, Taurus 
 was Coiifularis of our Campania, to whom Conftantius direded many of his Con- 
 flitutions. At the fame Time, Volufiamis govern'd as Vicarius of Rome, to whom 
 likewile Conftantius direded many of his Laws '. And altho' we know not who 
 were Confnlares of Campama under this Prince, neither do we read of their 
 Names, nor any Edids direded to them by Conftantius, ncverthelefs there are many 
 of his Conftitutions direded to the Prxfedus Prtetorio of Italy, by which he taketh 
 particular Care of this Province. Indeed, in the Year 355, he direded one of his 
 Conftitutions to M.ivortius Lollianus at that time P. P. of Italy, which, becaufe it 
 loncern'd the Affairs of this Province, was read and proclaim'd in Capua, as the Sub- 
 llription tcftifieth \ And it was this Prince, who, to remove all Debates about 
 ]urifdidion, which often fell out between the Prxfe£ii P. of Italy, and the Pra- 
 jecli of Rome, concerning Appeals, divided the Provinces ; and while he refided 
 
 ' L. Sc Si. 4. C. fi contra Jus, &c. 
 ' Cap. de cx-tero y. extr. de Senren. 
 5 Got. in Frofopogr. verb. Lollianus, torn. 6. 
 C.Th. 
 •♦ lirmic. in Pisfat. oper. lib. S. cap. if. 
 
 ' Amniian. Marcell. lib. 16. pag. y£. ingeft. 
 Ann. ^yfi. 
 
 ' Ath. in Apolog. ad Conftant. p. fi6. 
 ' Gotofr. in Prolbpogr. torn. 6. C. 'th- 
 
 » Li;. C, Th de Appellac.
 
 Book II. fZ?^ Kingdom 0/ NA P L E S. 65 
 
 in Sirmium, an illuftrious City in Pminonia, in the Year 357, he direded to Taurus 
 p. P. of Italy, that famous Conftiturion ', whereby he ordain'd. That all Appeals 
 from Sicily, Sardinia, our Campania, Puglia, and Calabria, Lucania and the Bruttt, 
 Picenum, Emilia, Venetia, and the other Provinces of /ri^/y, (hould be brought to 
 Rome, not to be decided by the Prccfediis of Rome, but by the PrxfeSfus of 
 
 Italy. 
 
 CONSI'ANI'IUS govern'd the Empire eleven Years, having finlfli'd his Days 
 in the Year 361, and Jiilimuis fucceeded him, to whom thefe our Provinces likewile 
 fell. Maniertiuiis was P. P. of Italy under him, and Imerius Vtcarms of Rome ; to 
 them Juliayjis, and particularly to the firft, direded many Laws. Symnachns ' 
 fhcweth plain!)' in the Tenth Book of his Epiftles, who were the Confiilarcs of Cam- 
 pania in the Reign of Jv.liamis. Where he maketh appear, the Conjunction 
 which was in thofe Days between the People of Poziiolo and thoft of'Jerraciiia, who 
 were both under the fame Confularts : Symmacbtis faith, That Lupus being Confularis 
 o( Campania, under Julianas, perceiv'd well, and confider'd the diftreffed Circum- 
 ftances of the Inhabitants o( I'erracina. They preferve the Memory of this Lupus 
 to this Day in Capua, by an Infcription on Marble fix'd in the Wall of the Church 
 belonging to the Carmelite Fryars, where we read thefe Words, altho' fomething 
 defaced K 
 
 - - R 
 
 . I u s 
 
 L U P U 
 
 - . _ 
 
 V. C. 
 
 N S. 
 
 CAMP 
 
 - U R 
 
 A V I T 
 
 FROM the fame Epiftle of Symmachus we likewife gather, that Lupus was 
 fucceeded in that Command by Campanus. The Memory of another Confularis of 
 Campania is likewife preferv'd in Naples, call'd Pofihumius Lampadius : The Marble 
 may yet be feen lying on the Ground before the Church of the Rotunda ^ on which 
 we read, 
 
 POSTUMIUS 
 LAMPADIUS 
 V. C. CONS. C A M P. 
 C U R A V I T. 
 
 BUT in the T'hcodofan Code there is no Veftige, that either by JuUanus or his 
 Succeflbr, there had been any Edid or Imperial Mandate direded to them. 
 
 JULI ANUS dying in the Perjian War in the Year 363. and likewife fbon 
 after him Jovianns ; the Reign of that moft religious Prince ■» having been only 
 eight Months, if we will believe Zofimus "• and Sozomenus, or Ten according to 
 Phtlojiorgius * ; Valentinian was aflTum'd to the Empire, who gave his Brother Valcm 
 the Title of Augufius ; by which means the Empire was divided betwixt them '. 
 
 VALENTINIAN kept the Weft intirely to himfelf, that is to fay, all Illyri- 
 cum, with Macedonia, Africa, the Gallia, Spain, Britain, and Italy i and left all 
 the Eaft to Valens *. 
 
 VALENI'INIAN then, to whom Italy was fubjed, after having travell'd 
 over the other Countries of his Empire, and having provided what was neceflary 
 for them, came into Italy, and firft to Aquileja, where in the two Monxhs of September 
 and O^ober or\\<f, in the Year 364. he publifh'd ten Conftitutions, and employed 
 his Time in looking after the State and Government of Italy ; and many Edids 
 were direded by that moft prudent Prince ', as well to the Confularis of Campania, 
 as to the Orrreihres of Lucania, the Brutii and 'Tufcany, and to Mamertinus at that 
 Time Prjefecl us of Italy. 
 
 THERE govern'd in his Empire as Prxfefli P. of Italy, Mamertinus, fb much 
 renown'd in the Works of Ammianus Marcellinus, Rufinus, Probus, and laftly 
 Maximinus. In the Year 364, Se'verus was Vicarius of Rome, and in the Year 367. 
 
 I L.7. C. Th. de Appel. 
 Symmac ep. 5;. lib. 10. DIv. Juliano mo- 
 devante Rcinp. cum Lupus Conl'ulari jure Cam- 
 panis PraiCidens, Terracinentium coatemplare- 
 tur anguftias. 
 
 * Caniil. PcU. in Campania. 
 
 '^ Idatiusinfaftis. 
 
 ' Sofitn. lib. 5. p. 7?; Sofomon. lib. 6. c. 6. 
 
 * Philoftorg. lib. 8. c. 
 
 ' Gothofr. Prolog. C. Th. cap. 8. 
 
 ' Pagi Difiert. de Confulib. pag. zyp, 
 
 ' Am. Mattel, lib. 17. p. 360. 
 
 U Magnui^
 
 66 The Civil History of Book If, 
 
 Mdgniis, and in 372. Probits^ and in 373. Smplicitts. We read alfo of more Confu- 
 lares of our Gvnp.viia^ to whom diverle Laws were direfted. 
 
 IN tlie Year 364. Biikphorus was Confularis of Cunipama^ to whom, while 
 Vale lit in I an refided in Altntuin a Venetian City, there were two Conftitutions diredled, 
 which we read in the I'teodofian Code j the one under the Title ^ubus equorum 
 iifiis, the other under the Title Uftis interd. By which the Exportation of Horfes 
 and Arms was fcverely prohibited, ordaining that no Perfon fhould export them 
 without his Licence, in order to extirpate Theft and many other Diforders out of 
 that Province. To the fame Bii/epborus, while he was Confularis of Canipcniia^ he 
 diredted in the fallowing Year 365. that other Conftitution which we read under the 
 Tftle De curfu Publico % while he ftay'd in Milan. This Prince likewife made very 
 proper Regulations, in order to exterminate the Robbers who greatly infefted 
 Qwip.viia, and to rcftore Peace and Tranquillity in this Province. The L. i. de 
 Pafcuis^ and fome other Conftitutions were likewile his, by which he took Care of 
 the Quiet of Italy^ and particularly of the Provinces which compofe the Kingdom 
 of Naples. He, alio in the lame Year 365. while he was in Verona, made Provifion 
 for the common good of Avellino, a City within the Confines of this Province, 
 commanding, by a particular Conftitution ', which we read in the 1'heodefian Code, 
 theabolifhin'j; of all that had been done by the Judge Ordinary, in prejudice of that 
 Community contrary to their ancient Cuftom. 
 
 FOE L IX fucceedcd in this Year 365. as Confularis, to Bulephorus, to whom, the 
 fame Year, Valentinan being in Milan, diredled that Conftitution "* which we read in 
 C. 1'heod. under the Title Ad S. C. Claudianmi! ; of which alfo, the Author of that 
 aricient Confultation inferted by Ciijacius amongft his own in cap. 10. maketh 
 mention. And altho' that Author in place of Ca7npania wr'iteth. Macedonia, never- 
 thelefs, as the moft exa<5l Gotifredus ' obferveth, the Subfcription which it beareth 
 ought to convince us of the Miftake, by w hich it is clear, that it had been fublcrib'd 
 by Valentinian Emperor of the Weft, while he was in Milan, and confequently 
 ouo'ht to belong to the Weft, and not to the Eaft, w^here Macedonia is fituated. 
 
 T O FocHx, under the fame Valentinian, Amphilochius fucceeded in the Charge of 
 Canipaitia. To whom, in the Year 370. Valentinian being in triers, directed that 
 Law, which under the Title de Decunonibusy is yet feen in the I'heodojlan Code *. 
 
 VALE N'T INI AN govern'd the Weft, Italy and thefe our Provinces, with 
 fo much Prudence, that there was nothing more could be defired : He re-eftabli(h'd 
 the Academy of Koine, and reftored the Jurifprudence already much decay 'd, and 
 almoft nothing left of its ancient Luftre and Renown : He fuppreis'd the Extortion 
 and Venality of the Judges by various Edicts. A moft^ religious Prince, to whom, 
 next to Conjiautine the Great, the Chriftian Religion is much indebted ; and Italy 
 would have reaped much Benefit by him, if he had not been fnatch'd from the 
 W^orld after only twelve Years Reign. 
 
 VALENTINIAN dying in the Year 374. fix Days after, his Son Valen- 
 tinian was made Emperor in Pannonia, who with Gratian his Brother divided the 
 Empire of the Weft after this manner (the Eaft being govern'd by Valens their 
 Uncle) to Gratian belong'd the Gallia, Spain and Britain ; and to ValentiHiaUf 
 Ulyricmn, Africa and Italy ^ 
 
 UNDER Valentinian II. and Gratian, Maxmimts, Antoninus, Hefperius, Pro- 
 htts, Si^arius, Ipatius, Flavianus, Priticipius, Eitfignius and Pretejtatus : Under 
 Valentinian alone, Trijolius, Poleniius, Tatianus, Apodemius, Dexter and Eufebius 
 were Prafet^i P. of Italy ; and Potitus, Antidtus, ElleniHs and Orientius were Vicarii 
 of Pome *. 
 
 B U T there is no Veftigc remaining of thofc who were Confulares of Caiupania 
 under this Emperor. Neverthelefs there are many Conftitutions of Valentinan IL 
 who having' reign 'd eighteen Years, took great Care in providing for the Government 
 of thefe Provinces, and oi Italy in general. That Law ', which under the Title de 
 Extra ordin. we read in Cod. Tbeod. is of this Prince, which in the Year 382. he 
 diredcd to Segarius PrxfeCius P. of Italy, by which he taketh Care of Campania^ 
 
 Gothofr. in Profopogr. C. Th. torn. 6. 
 L. 24. C. Th. de Curl". Pub. 
 L. 63 C Th. de Decurlonib. 
 L y C. Th. adS. C. ClaudiaH, 
 Got. ind, 1. f . 
 
 L. 71. C Th. Jc Decurlonib. 
 Got. Prologom. C. Th. cap. 8. 
 Got. in Profopogr. C. Th. torn. 6. 
 L. 14 C Th. de Extra ordin. 
 
 Pu^lia
 
 Book II. //;e K I N G D o M p/ N A P L E S. 67 
 
 Vuglia and Calabria, Lucania and the Brutit, which were much troubled and 
 afflided in thefe Times. 
 
 VALENT^NIANll. died in Vienna in the Year 392, after fiavino reign'd eighteen 
 Years ; and after him T'beodofiiis the Great, Arcadttis and Hanorius his Sons I'uc- 
 ceedcd. The Weft fell to Hoiinrtiis, by which It.^ly and thele our Provinces were 
 fubjeft to him. And 'tbeodofius dying in the Year 395. Iloiioriiu then governed all 
 the Weft, while Arcadius his elder Brother reign'd in the Eaft. Many were the 
 Prxfefti P. of Italy under Hoiioriiis, who liv'd long, and commanded the Weftern 
 Empire Thirty-one Years J and thefe were, ilfi?//i?/.7, I'beodorus, yidrianus, Lunginta- 
 vus. Senator, Curt i us, 'theodorus II. Cecittanus, Jo'vius, Joannes, Palladius, Meli- 
 tius, Liberias, Faelix, Fauftinus, Joannes, Sekvius, Adrianus, Palladius, Joannes 
 and Procultis. The Vtcartt o£ Koine, who govern 'd in the Time oi Honor nis, were 
 Varus and Benignus ' ; and of Confulares of Campania, we read under him only 
 Grachits, to whom, while Ilonorius refided in Milan, he direfted in the Year 397, 
 that Conftitution which we read in the I'bcodofian Code under the Title de Colle- 
 giatis -. Ilonorius likewife provided for this Province, in granting Ibme Privileges 
 concerning paying of Tributes, which is evident from that Conftitution ' he directed 
 to Dexter Prxfettus P. of Italy. And we have many other Laws by which he 
 governed thefe our Provinces, at the lame time that 1'heodofius the younger Son of 
 Arcadius reign'd in the Eaft. 
 
 AT laft Honor lus A\'in^ in Ravenna in the Year 423. altho' T'heodofms tbe 
 Tounger reign'd over both the Empires alone for a Year, neverthelefs in the follow- 
 ing Year 424. he made Valentinian III. Emperor of the Weft, to whom Italy with 
 our Provinces were fubjed:ed. Under him Vulufianus and l^bcodofius were Prce'fe^ii P. 
 of Italy. And altho' we read not of any Conftitutions of this J^alentinianus directed 
 to the Confulares of Campania, neverthelefs he was a Prince, to whom not only 
 Italy and thefe our Provinces owed a great deal, for his particular Care and provi- 
 dent Government of them, but likewife our Jurifprudence, which was heretofore 
 much decayed, he reftored in the Weft, at the fame time that 'Tbeodofius his Collegue 
 was wholly intent upon reftoring it in the Eaft ^ of which in a more proper Place 
 we fhall treat at large. Thefe then were the Officers by whom in the Reign of 
 Confianttne tbe Great, to the End of that of Valentinian III. our Canipama 
 was govern 'd. Therefore we obferve fbme Marbles of ancient Buildings in the 
 Cities of this Province, for good Deeds done by the Confulares of Campania, 
 infcrib'd to them by the Inhabitants of Campania, Naples, Beneventum, 
 and others, which may be leen in that laborious Work of Gruterus of the Infcrip- 
 tions of the old Roman World ; and in Capua and Naples, as we have fhewed, their 
 Memory is prelerv'd to this Day. Capua was the Place of their Refidence, as being 
 in thofe Times the Head and Metropolis of Qimpania, as Atbanafus calls it *, who 
 {peaking in his Epifiola ad Solitaries of the Council of Sardica, and of the Legates 
 fent by him, amongft whom was Vincentius Bifhop of Capua, in order to induce the 
 Emperor Confiantit'.s to allow the Bifhops whom he had driven away, to return, 
 faith. Miffs a Sanflo Concilia in Legattonem Epifcopis Vicentio Capua, qux Metropolis 
 eft Campanice, &c. And for that Reafon we fee many Conftitutions in the T'heodofian 
 Code, read and accepted in Capua, becaufc the Confularis who refided in that City, 
 was to publifh them, and to take care they fhould be difjjerfed thro' the other Cities 
 of that Province, that they might be known to all the Inhabitants. 
 
 ' Gor. in Profopcgr. 1 ' L. i- C. Th. de Indulg. debit. 
 
 " L. I. C Th. de Collcg. | * Atban. ep. ad Soljtarios. 
 
 SECT. II. 
 
 of Puglia and Calabria, and thcit Corredorcs. 
 
 AFTER Campania, Puglta and Calabria follow, in which is the Country of 
 the Salcntini, who being united together according to tlie Book of the Notitia 
 of the two Empires, form the ninth Province oi Italy, and according to the Reckon- 
 ing of Paulus Diaconus ', the Fifteenth. This large Province extendeth itfelf Eid\' 
 
 ' PauJ. Diac. lib, z. cap ii. 
 
 ward
 
 6S The Civil History of Book It 
 
 Vv'ard to the Adriatlck Sea which confineth it, and towards the Weft and South its 
 Bounds were Samniinn, the Brtitii and Lncania. Its moft famous and flouriniing 
 Cities were Lucera, Stpontum, Cancfa, Acercnza^ Vnwja, Brmidiifiiim and 7areiituri/y 
 and in the left Point of Italy, which extendeth itfelf for fifty Miles, is Otraiito, a 
 commodious City, and fitted for any Commerce, and derfervedly may be call'd- 
 its common Mart. 
 
 PUGLIA and Calabria then were under one Government. For Largenefs and 
 Extent this Province required to be govern'd by a Corre^cr, and not by a Pntfes, 
 •who was an inferior Officer. But who were the Corredorcs of this Province, or 
 where they had their Refidence, nothing can be affirmed for certain. There is not 
 one Imperial Edift in the 1'beodofum Code, direfted to thefe Correflores : Only in- 
 Venofa, a. C'lty of Paglt a, among the ancient Monuments which are preferv'd, we 
 read an Infcription on which a certain Eiuilins Kejitt lit i amis Correi^cr oi Pailiais) 
 mentioned in thefe Words ' : 
 
 LUCULLANORUM. PROLE, ROM ANA 
 
 AEMILIUS. RESTITUTIANUS 
 
 V. C. CORECTOR. APULIAE. E T. CALABRIAE 
 
 IN. HONOREM 
 
 SPLENDID AE. CIVITATIS. VENUSINORUM 
 
 CONSECRAVIT 
 
 Symmachils ^ likewife maketh mention of the Correftores of Piiglia, whom he alfo 
 improperly calleth Redores. Sometimes inftead of a Corre^or, a Magiftrate of 
 equal Power was fent into the Provinces who was call'd Jiiridictis. Of whom two> 
 Infcriptions reported by Guterus ^ preferve the Memory ; one of them we read thus:. 
 
 HERCULI. CONSERVATORI 
 
 PRO. SALUTE. L. RAGONl 
 
 JURIDIC. PER. APULIA M 
 
 P R AE F. J. D. 
 
 The other which is in Koine, 
 
 C. S A L I O. A R I S T AE N E T O. C. V. 
 
 JURIDIC O. PER. PICENU M. E T 
 
 A P U L I A M 
 
 WE meet frequently with many Laws in the I'heodofian Code, by which there 
 was particular Provifion made for the Neceflities of that Province. It was under 
 (befides the Corre^or who had the immediate Command of it) the Direction of the 
 Prafeilus P. of Italy, to whom, by way of Appeal, they had recourlei and tho* 
 there be no Conftitutions diredled to the Correilores, yet there are not wanting of 
 them diredted to the Prafe^us P. of Italy concerning the Government of the fame. 
 In the Reign of Valentinian the Elder, it was infefted and troubled with Robbers ; 
 lb that it behoved that moft prudent Prince to make fe\ ere Laws for reftraining and 
 rooting them out ; and for that end, diredted his Conftitution to Kt'.fiuus at that 
 Time P. P. of Italy in Place of Mamertiims, whofe Bufinefs it was to take Care of 
 that Province, as well as the others of Italy, by which Conftitution * a timely 
 Remedy was procur'd for fo great an Evil. 
 
 THERE is likewife in the fame Code another Law of the fame Valeuthiiau, dated 
 in Lucera in the Year 365. with thisSubfcription : Vill. KAL. 06iobris. Dat.LiicerLvr 
 ad Kufinum Cm Locum Mainertnu) P F. P. Italia. James Gotofredus ' fufpedeth, that 
 this Lucera is not that of Puglia, but the other fituated in Gallia Circumpadanay 
 betwixt Milan, Verona and Aqueleja, now call'd Luzara ; but by what may be 
 gathered from the Argument of that Law, and its relating to Pafturagc, we have 
 greater Ground to believe that it was this Lucera in Puglia, becaufe of its fruitful 
 and plain Fields, which the other never had, for feeding Herds of Cattle, and Flocks 
 
 • We read it Apud Ugel. Iralia Sacr. de Epif- | ' Gut. de OfF. dom. Aug. lib. i. cap. S. 
 copis Venus. j * L I- C Th. Quibus equor uf. 
 
 ; Sym. lib. 10. Epift. /. & /f I ' Got in Chrouologia C. Th. pag. 76. 
 
 of 
 t
 
 Book If. the K i n c d o m of N A P L L S. 69 
 
 of sheep, on which Account it was famous and remarkable among the Koma)n, 
 and all \Vriters of Rural and Paftoral Matters, and alio over all Kurcpe. But be 
 that as it will, it is moft certain, that the other Emperors of the Weft, to whom 
 the Government of Italy belong'd, took as great Care of this Province as of any 
 other. 
 
 I N the Reign of HoiwriuSy Piiglia and Calabria were infefted with Jews, who, 
 by their living licentioufly, were the Occafion of no fmall Confufion, and of great 
 Detriment to the Chriftian Religion : At the liime time, 1'hebdcriis, a moft reli- 
 gious Man, was Prxje^iis P. of Italy, as vehement an Enemy to that Nation, as 
 he was a Lover of the Chriftian Religion ; inibmuch, that he dcferv'd that Eftcem 
 which St. Anguf^iue had for his Pcrlbn, by dedicating to him that Book of his, 
 intitlcd, de Vua Bcata, as he himfelf teftifieth '. For remedying lb great an 
 Evil, Tbeodorus order'd the Supprefling of fuch an infblent and I'centious Life 
 which the Jeivs led ^ for which End, he obtain'd from Honontis^ that fo Praife- 
 worthy and never-enough to be extoll'd Conftitution '^, with which he reprelTed 
 their Arrogance, and fubjcdted them to very hard Conditions. 
 
 HO NO KI U S likewife, in the Year 413, granted fome Immunity and In- 
 dulgence in the Tribute, to this Province, as we read in one of his Conftitutions ^, 
 of which we fliall difcourfe in a more fit Place : There are not wanting other Con- 
 ftitutions relating to the Government and right Adminiftration of fo vaft and 
 confiderable a Province by other Princes, direded to the Prxfe£ii P. of Italy, of 
 which we fliall fpeak in a proper Place. 
 
 ' Auguft lib. 18. (le Civic. Dei, cult. | ' L. 7. C. Th.de ludulg. Debit. 
 
 * L. 1)8. C. Th.de Decurionibus. 
 
 SECT. III. . 
 
 Of Lucania and the Brutii, ajid their Corredoresw 
 
 LUC ANI A extended her ample Bounds much farther of old than at prefenti 
 beginning at the River Silans, it did not only include what is now call'd the 
 Bafilicata, but on the other hand ftretch'd it felf as far as Salernuvi, fo that this 
 very City was within its Limits ; fmce the Correal ores of Lucaiiia likewife were 
 •wont to refide there. To it the Brutii were join'd, in what concern'd the Admi- 
 niftration, who reach'd beyond Kbegiutfi to the Sicilian Streights at the furtheft Point 
 of Italy. 
 
 THE Liicanians and the Brutii were under the fame Government. The Cor- 
 reftor that was fent by the Emperors for the Government of thefe Provinces, had 
 an equal Command over both. His Dignity, altho' not fo great as that of the Confti- 
 lates, was much greater than that of the Prafides, and was only dependent upon, and 
 fubordinatc to the Prcefe^iis P. of Italy, and the Vicarius of Korae, to whom they 
 could have recourfe. 
 
 THEIR Refidence was in the City of Khegiiim, Head and Metropolis of that 
 Province, although fometimes the Correflcres us'd to remove it to Sa/erniim in 
 Lucauia, as the Neceflity of the Publick Affairs requir'd : whence it is, that in 
 thefe two Cities, to this Day, are feen fome Remains of Marble Stones, which 
 had been infcrib'd to the Correflcres : In Khcgtuni, in the Church of the Catbolica, 
 is to be read, altho' fomething worn out by Time, this Infcription : 
 
 CORRETTORI. LUCANI.^ 
 E T. B R I T T I O R U M I N T E- 
 GRITATIS. CONSTANTIiE 
 
 M O D E R AT I O N I S. A N T I- 
 
 STI. ORDO. POPULUSqUE 
 
 R H E G I N U S. 
 
 X AND
 
 70 The Civil History of Book II. 
 
 AND in the City of Salemum^ on an Arch which was formerly, where the 
 Seat of the Portaretefc is now, there were to be feen fome Statues of Marble upon 
 their Bafes, on one of which were thefc Words ' : 
 
 AMNIO. V 1 T T O R I N O. V. C. 
 
 COP. RECTOR I. LUCAI^ 
 
 ET. BRUTIORUM. OB 
 
 I N S 1 G N E M. B E N E V O L E N- 
 
 T I A M. EJUS. O R D O. P O P U- 
 
 LUSqUE. SALERNITANUS. 
 
 THE Emperors were likcwife wont to dired their Conftitutions to thele Ow- 
 reiiores which, for the Good of the Provinces, and quieting of any Diforders 
 that mi^ht happen in them, they were oblig'd to publifli ; and this Province can 
 boaft, 1 hat the firft Laws which were publifh'd in Italy after the Defeat of Maxeu- 
 tins by Conftantme the Great, were thofe which were lent to the Correciores of Lu- 
 canta and the Brutii ; fb that there is an earlier Account of Corre^ores in this Pro- 
 vince, than of the Confulares of Campama. 
 
 THE firft who govern'd this Province, in the Beginning of the Reign of Coft' 
 ftatitriie, was Claudius Plotianus, to whom, in the Year 313, a little after the 
 Defeat of Maxentius^ Conftantme being in Triers, direded thele two Conftitutions, 
 which we read in the ftadofian Code ', by which he put into a new Method, the 
 Reports which the Judges, when they were doubtful, made to the Emperor in the 
 Cafes of private Men. 
 
 CLAUDIUS w as fucceeded by Mechilius Ilarianus in the Year 316, to whom 
 Condantine, the fame Year, fent that Law which we fee in the I'heodofian Code ', 
 under the uit. de Decur. and which, by our Jtijimian, bearing the lame Inlcription of 
 Ilarianus Corrector of Liicania, was inlerted in his Code under the lame Title *. 
 And to the fame Corredor was directed the other Conftitution of Conftanttue, 
 which we read under the Title Ad L. Corn, de Falfo in the Tbeodofmn Code \ 
 
 OCTAV I A NU S fucceeded Ilarianus in the Year 319, in the Dignity of 
 Corredlor of Liicama, to whom, while he was refiding in Rbcgiuai, Couftantine the 
 Great direftcd the L. i. de El/is Milit. Apparit. which was read and accepted in Kbe- 
 gium as the Seat of the Corre£iores *. 
 
 BUT there is no Record fo clear and remarkable, that lets us lee in how great 
 Efteem and eminent Degree the Corre5lores of Lncania were, as that famous and' 
 noted Conftitution of Conftantine, which we read in the 1'heodofidn Code, under' 
 the Title de Epifcopis, which he direfted to this Olianjianus Conredtor of Lncania 
 in the lame Year 319 i by which he exempted the Clergy from Civil Fundlionsj 
 that they might not be diverted from the dutiful Attendance on lacred Things. 
 Confiantine had indited luch another Law in the lame Words, and had diredled it 
 to Anuliuus Proconful of Africa leven Years before ; and as Gotifredus accurately 
 oblerveth, this Conftitution was like that, but however not the fame, which he a^itr- 
 vjzxAs {^nt to Oilaviamis: This famous Conftitution was omitted by '/'/(/?«;«^^« ifl 
 his Code, becaufe many fuch Laws are inlerted in it ; but Cardinal Baronius ' rela- 
 teth it pundually in the lame Year 319. 
 
 THERE is not the leaft mention of thole who were Correliores of Lncania- 
 under the Empires of Couftans, Conftantius, and 'fnltanus ; we not being able to 
 Ihew any Conftitution dire<5ted to them by thefe Princes : But there are not wanting 
 Edids fent to the Priefeiii P. of Italy, which demonftrate what Care they had of 
 the Affairs of It.ily, and of thcfe Provinces in particular. 
 
 BUT we can give a particular Account of the Names of thole who were 
 Corre£iorcs of Lucama under Valentinianus. Artemius was the firft, who is ofteri 
 mention'd in the Hiftory of Ammianns Marcellinus ' : To him, when Valentinianus 
 was in Aqnikja in the Year 364, he dircdbed that Conftitution which we read under 
 
 ' Tliey are reported by Mazza, dc Rebus 
 Salernis. 
 
 * L. I. C- Th. de Relat. 1. i. C.Th. de 
 Appel. 
 
 3 L. ?■ C Th. dc Decur. 
 
 ♦ L. If. de Decur. lib. 10. 
 
 5 L. 1. C. Til. ad L. Corn, de Falfo. 
 
 * L. I. C.Th. de Filiis milit. apparir. 
 ' Baron, ad A ■}^\(j. num. 10. 
 
 ' Ammian. Marcel, lib. 27. pag. 560. 
 
 the
 
 Book n. z/:;^ K I N G D o M 0/ N A P L E S. 71 
 
 the Title Privil. yfpparit. Magifir. And from the Infcription of that Law we 
 learn, that this Arteniins frequently had his Refidence in Salernuni, fince it was 
 there read and accepted. To this fame Artemius, while Valeutintan was yet in 
 yiqiiileja, were diredted the Edidts, L. 6. de Privileg. eor. qui in Sacr. Palat. anci 
 X. 21. de Ciiffu Puhltco. 
 
 BUT the Dignity of the Corre^ores of Lucanta, and of this y^rtemius, and 
 the Value the Emperors had for them, appear in nothin;^ more than in this Con- 
 ftitution ', never enough to be extoll'd, which we read under the Title de Officio 
 RecJoris Proi-mcia, which was direfted by Valentinian I. from Aav.ileja in the 
 Year 364. to Artemius. The mod refpeftful and remarkable Titles that could be 
 expedted from any Prince, were profulely beftow'd on this Corrector of Liicania ^ 
 Ciiriffvne nobis : Gravitas tua : Snlliniitus tua^ and fuch like, were the moft fre- 
 quent. To him was diredted that Conftitution, in which he urgeth the Integrity 
 of Judges, and their Diligence in difpatching of Law-Suits : That they fhould 
 hear and determine Caufes, whether they concern 'd Mens Lives or Eftates, pub- 
 lickly, and in the View of all the World, not privately and in a Corner, where 
 there was Opportunit)' for Sollicitations and Venality ; and the Sentence being once 
 pronounc'd, ought to be publifh'd and read in the Hearing of all prefent, that 
 every Body might know what the Judges did, whether they judg'd conformable to 
 Law and Juftice, or perverfly for gratii-ying one of the Parties : whence it is, that 
 in the Tribunals of this Kingdom, it always was, and continues to be a Cuftom to 
 this Day, to read and publifh the Sentences, altho', at pref^nr, 'tis bedortic a 
 meer Ceremony and Formality-. Publick Shews and merry Entertainments wefe for- 
 bidden to Judges, that they might not be diverted from, or turn carelcls of the 
 Publick and Private Benefit, and withdrawn from ferious and gra-^'e Adtioris. 
 
 STMMAC HUS governed Lt'Xama and the Brntii^ likewife under Valenti- 
 nim L who fucceeded Artemius the Year following 365'. That (t^ohftitution which 
 we read ^ under the Title de Curfn Ptd^lico in the ftheodoflan Code, while that 
 Prince was in Milan, was lent to Symmachus then Corrector 6f this Province. 
 There is no Memory of any other Correliores of Lncania in that Code before this 
 Time, neither under this nor any other of the Emperors his Succeflbrs ; altho' 
 there is a Conftitution - of 'Theodofius the Great, which goes likewiie under the 
 Name of ValsHtinian 11. under the Title de contr. Erupt, accepted and publifh'd in 
 Khegium in the Year 384. and another "* alfo accepted in Kbegrjum under the Title 
 de Operibus Publicis ; yet it ought not to be underftood of Kbegiiim, which is 
 fituated among the Bnitii ; but as the moft exadl Gotifredus remarketh, of another 
 RJjegium in the Eaft, twelve Miles frorn Conflantinople-, which is evident, not only 
 becaule Itnly was not within the Empire of theodofius the Great, but was compre- 
 hended in the Weftern, govern'd by Vakntinian 11. ; btit befides, thefe Laws were: 
 diredted by 'Theodofins, the firft to Ctnegius, the other to Ccsfaritis, both of theni 
 PrcejeSli P. of the Eaftern Empire, of which I'heodofius was Emperor. And we 
 muft not omit, in this Place, to take Notice of the Cuftom of the Emperors of 
 thofe Times, who, altho' the Konian Empire was divided amongft them, and that 
 each of them govern'd his own Share, and did not concern himfelf with that of 
 the other, yet neverthelefs the Laws, which were publifti'd in their Dominions, 
 bore the Names of ail the Emperors who then reign'd in the Empire, altho' they 
 were made by one only '. In like manner 'tis to be obferv^ in publick Monu- 
 ments, that albeit the Work had been eredt'ed for one only, neverthelels it bore 
 the Names of ail the reigning Emperors. The Ignorance of Which Cuftom hath 
 been the Occalion of many grols Miftakes in abundance of Writers, and the Laws 
 of one Prince have been afcribed to another j of which, as Occafion offers, we 
 Ihall give Examples. 
 
 WE find in the fame T'heodojian Cdde, many other Conftitutions of Princes, 
 which, (altho' not diredted to the Corredores of this Province, but either to the 
 Prxfedi of Italy, or to other Magiftrates) fhew what Care and Concern they had 
 for the Lucanians and the Brutti. Thefe People, as all the other of thefe Pro- 
 vinces, were oblig'd to carry Wine to Ro;»e for the Provifion of that City, but 
 
 ',Li. C Til. de Officio Rcftor Prov. f * L. %^ . Jc Opcrib. Publ. 
 
 * L. iji C. Th. tjt Curfu Publico. I ' Got. in Prolog. C. Th. cap. 8. 
 
 ' L- f. C- Th. deConrr. tiupc. ' 
 
 thcv
 
 yz The Civil History of Book II. 
 
 they being at fuch a Diftance from it, were allow'd to pay Money in Place of 
 the Wine '. 
 
 HO NO KI[/S exempted them from Tribute and Cuftoms, as may be feen 
 in that his Conftitution, which we read in the 'Theodofian Code - under the Title 
 de liidulg. Debit. So much for Lucaiiia and the Bruti:, and their Cone^ores. 
 
 • C. Th. tit. de Ufuris. ' L, 27- C. Th. de Indul. Debit. 
 
 SECT. IV. 
 
 of S A M N I U M, cJ!Jd its ^r:e/icies. 
 
 SAM NIL/ Mis ranked laft ; altho' a Province noted and famous enough 
 with the ancient Komans, for the Boldnefs and Valour of its Inhabitants, and 
 the Succefs of their A-rms, that they boafted to have frequently beat the Romans 
 themfelves ; neverthelefs, it was not honour'd, in the latter Times, with any other 
 Magiftrates but Pra/ides, who were inferior in Dignity to all the other Governors 
 of Provinces. Therefore it being only a Prefidial Province, and becaufe the 
 Emperors feldom direded their Conftitutions to Pnxfides^ we have no Memory left 
 us of them or their Names. Its Bounds are uncertain, and varied with the Times, 
 Tatilus Diaconus places it betwixt Campania^ the Adriatick Sea^ and Fuglia^ and 
 once it comprehended much more than the Abbruzzi, the County of Molife^ and 
 the Valley of Beiieveutuia, do at prefent. Its moft renown'd Cities were Jj'eniia, 
 Sepino^ Theate now Cbicti, Venafrnm, felefia^ Bofci/ttim, Afidena^ and Samniuni^ 
 which gives the Name to the whole Province. 
 
 THIS Province, befides the Pruefes, was under the Diredion and Govern- 
 ment of the Pi-afecfus P. of Italy, and the Vicarius of Rome. Neither was it 
 negledted by Valentinian the Elder, who hearing that it was infefted with Robbers, 
 in order to free it of them, fent for that Purpofe to the faid Prtefe6lus of Italy 
 that Conftitution ', which we read yet in the ^beodojlan Code. 
 
 NEITHER was it negleded by //ohow/j, who in the Year 413, granted to 
 this Province, being fadly opprefs'd, a Releafe from Taxes, as by the Conftitution 
 of this Emperor % diredted to the laid Prxfelitis of Italy, we read in the 'Theodofian 
 Code. There are other Laws, by which the other Emperors took Care of the Affairs 
 of this Province, diredled to the Prxfelii of Italy, under whole Charge it was. 
 
 ' L- I. C. Th. Quibus equ. ufus. ^ L- 7- C Th. dclndulg. Debit. 
 
 CHAP.
 
 Book II. 
 
 the Kin CD o\i of NAPLES. 
 
 75 
 
 
 
 CHAP. IV. 
 
 Of the frjl hrociftm of the W'eftrogochs, in the Reign 
 
 of- Honorius. 
 
 HESE Provinces, during the Reigns of Conftantine and his Suc- 
 cefTors, until that of Hoii.rinsy did not feel thofe Mifchiefs and Cala- 
 mities, which the other Provinces of the Empire had already groan'd 
 under by the Invafion of the Goths. This People having come out of 
 Scmdinavia in the Reign of Conjtant'nte the Great, and even Iboner, 
 lived in common, altho' they fought under one Head, till fuch Time as they chofe 
 Hernianarictis for their King ; but he d)ing, they divided amonglt themlehes, and 
 in the Reign of the Emperor Valens, thofe who call'd themfelves H'efircgcths, 
 elected Fridigcruiis for their Captain, and afterwards ylthannricus for their King. 
 ^heodofitis the Great, being a Lover of Peace, knew ib well how to keep them 
 within their Limits, that altho' he had not always a lettled Peate with them, yet 
 he reduc'd them to that Condition, that their King Athanaricns being dead, and 
 they not mindful of chufing another, all fubjefted themfelves to the Roman Em- 
 pire, and became one Body of Troops, and fought under ^heodcjtus's Banner, 
 and were his Confederates and Auxiliaries. But this Prince dying in the Year 395', 
 and being fucceeded in the Empire of the Eaft by Arcadiv.s his eldeft Son, his other 
 Son Honorius reigning in the Weft, thefe Princes, by their luxurious Way of 
 living, began to difturb the Commonwealth, and to deprive the H'efirogoths, their 
 Auxiliaries, of thofe Gifts and Penfions, which I'hendofins their Father, for fecuring 
 them to the Roman Empire and to his Banner, had largely beftow'd upon them ': 
 Which difpleas'd the IVeftroz^oths, who fearing, that by fo long Peace their Valour 
 and Strength might be weaken'd, determin'd to do now, what they had neglecled 
 in the Reign of I'heodofiHs : they chofe Alaricus for their King ; a Man, who for 
 hischolerick Temper had acquir'd, amongfthisown People, the Surname oi Bold • 
 and being defcended from the illuftrious Stock of the Baltt, was efteem'd the moft 
 fufficient to fupport the Royal Dignity, with Decency and Magnificence. Thev 
 confidering, that it had been more to their own Honour, and the Glory of their 
 Nation, to have conquer'd Kingdoms by their own Arms, than to have lived idle 
 a«d lazy in thofe of others, relolv'd to go in queft of new Countries in order to 
 conquer them : Tor which end, having made up a fufficient Army the beft way 
 they could, and having conquer'd Pannonia, Noricum, and Rbetia, they enter'd 
 Italy, which being deftitute of Troops, and having enjoy 'd long Quiet, they began 
 with great fpeed to fubdue, and halted at Ravenna, then the Seat of the Weftern 
 Empire '. 
 
 HOXORJi'S having already left Milan, in the Year 402, made R^x-raK* 
 the Place of his Refidence, which lie defign'd to make the Seat of the Empire, 
 that he might the more eafily be able to oppole the Incurfions which Foreign Na- 
 tions ufed to make on that fide. But this Infult of the \\ ejlrczfitis was lb fudden 
 and une^pedled, that finding himfelf furpriz'd, and not able to draw his Armies 
 together fo quickly as was nccelTary fcr fupprelTing them, he was obiig'd immediately 
 to hearken to a Treaty of Peace which Alaricus clfer'd him ; and altho' it was 
 
 Prudent, lib. 2. adv. Simmac. 
 
 Claud, de Bello Gctko. 
 
 Y 
 
 granted,
 
 74 
 
 'The Civil History of 
 
 Book II. 
 
 granted, that he and his Men might remain in Italy, neverthelefs it was at laft agreed 
 upon, that the Goths fhould leave it, and in exchange take Aquit.vua and Spain, 
 Pro\'inces in a manner loft to Homnns, as being for the moll: part polTefs'd by 
 Cifcricus Y^'mg of the Vandals. The CorAi confcnted, a'nd having kit Italy, were 
 w holly Intent on the Conqueft of thole Provinces. Italy fufTer'd nothing by this 
 firft Invafion ; but they were provok'd afterwards by the deceitful Blow they re- 
 ceiv'd from Stilico, who, near Pokntia, a City of Liguria, while they thought of 
 nothing lels, attack'd them unexpededly ; and altho' they were dii'pcrs'd and over- 
 come ', neverthelefs foon after taking Courage, and being again got together, and 
 I'purr'd on by the Treachery and Injury, retnrn'd with Fury, and laying alide the 
 defign'd Undertaking, they put Stil/co and his Army to flight, and return'd into 
 Ltztiria : They went on d'cftroying with it /hinilia, Flaminia, and I'ufcany, and 
 every Thing that came in their V\'ay, till they got to Ko»w, all the Neighbourhood 
 of which they ranfack'd and ra\ag'd : At lart, ha\'ing enter'd Kome, they only 
 pillacr'd it, Alanciis not allowing it to be burnt, or any Injury done to the 
 Temples. 
 
 I T was not only FLouie, and the abo\efa:d Pro\'inces that fuffer'd thtfe De- 
 vaftations and Mikiiiefs more than once, but icon after the fame Calamity happen'd 
 to the Provinces, which now make the Kingdom of Naples. Campania, Piigliay 
 and Calalria, Liui'.nia, the Bratii, and Saiuniiwi, had the fame Fate. The Goths 
 over-run every where, carrying Ruin and Deltrudion along with them, never 
 halthi" fill they came to the utmoft Point of Italy, where being ftopp'd by the 
 Sicilian Straits', they fix'd their Refidence amongft the.Br«^/'/i and while y^/«r/V«5 
 was there preparing for new Expeditions againft Stcily and Africa, the Fleet which 
 he had defign'd for that Purpofe was Shipwreck'd in ihefe Straits, which difmal 
 Difappointment ftruck him fo to the Heart, that he ended his Days, by an untimely 
 Death, near to Cofenza, and, much lamented by his Followers, was buried in the 
 Bottom of the River Bufentum, with many rich Spoils brought from Rome '-. 
 
 THE Death of Alarick gave Occafion to the Affairs of Italy, and thefe our 
 Provinces, under the Reign of the fame Iknornts, to become more fettled and 
 quiet ; altho' Ataulfm \ who fucceeded Alarick his Kinfman, return'd to Rome, 
 and, after the manner of Locufts, deftroy'd every thing in that City, that after fo 
 much Pillaging and Sacking had been left, and had fo miferably ruin'd Italy, when 
 Honorii'.s was unable to refift him : Neverthelefs, Ataiilfus afterwards having 
 married Galla Placidia, Sifter to Hoiwrius, fuch was the Power of the Love he 
 had for that Princefs, and the Tye of this new Alliance, that he made Peace with 
 Honoritis ; and leaving Italy to its Liberty, he and his People return'd into Gallia, 
 and made War upon the Franks and Burgundia/is who were infcfting it ; and this 
 was the firft Foundation of their Kingdom in thole Countries : Foralmuch as after 
 the Death of Atau/fus and Rigcncus, Vallia fucceeded, to whom Honcrius aflign'd 
 Aqiiitaiu, with many Cities of the Province of Karbonnc, and fixed his Refidence 
 in J'houloiije, and took the Title of the King of the U'ejirogoths, that is to fay, of 
 the Weftern Goths, to diftinguifti themfelves from the OJirogoths, or the Eaftern 
 Goths, and afterwards Lorded it over Italy, as we fhall fhew anon. 
 
 ALARICK beins; dead, and Italy freed of the Goths, and Peace made with 
 Ataulfus, Honoritis, willing to repair the paft Damages of thele Provinces, in the 
 Year 413, piiblifh'd that Conftitution ■* which we read in the ^heodojlan Code. 
 Campania, T'lifcjny, Picenuiu, Sanmittm, Puglia and Calabria, Lucanta and the 
 . Briitii, were reduc'd to fuch a lamentable Condition, that Honoritis, from Rwvenna, 
 then the Seat of the Weftern Empire, direded to John Prxfe£ins P. of Italy, 
 that l,aw, by which he exempted their Inhabitants entirely from paying any 
 Tribute, but the fifth part of what they were ufed to pay, remitting all the 
 
 reft. 
 
 NEITHER did Honoritis take lefs Care of thefe Provinces in the fucceeding 
 Years, feeing, while he was ftill at Ravenna, he publifh'd many Laws for the good 
 Government of them. That was likcwile his which was dated in Rauenna "■, by 
 which no Teftament was of any Force after ten Years were expir'd, which we 
 
 • Claud, lib. de Vift. Stilicon. 
 
 ^ Jornand. cap. 50. 
 
 5 Paul, itmil. de Rcb. Franc lib. 
 
 " L. 7. C. Th. de Indul. Debit. 
 ' L.6. C.Th. dcTcftam. 
 
 have
 
 Book n. the K i n c d o m (/NAPLES. 75 
 
 have yet in the 'Juftiman Code. And in the Year 418. lie anew exempted Cam- 
 pania, Picemm and T'ufcany from Tribute ^ lb much was he intent on the Repairing 
 the Affairs of Italy quickly. 
 
 BUT in the Year 423. he ended !iis Days in R^WMW.-r ; upon which 'T'her,dcfiuj 
 the Tounger, who had fiicceeded to his Father Arcadius • in the Eaftern Empire 
 when he had reign'd but a (hort Time alone, proclaim'd Valeminian III. yluruftus 
 and Emperor of the Weft, who was Son ofCoiiJhriitnis and Placidia ; which Lady 
 after the Death of Ataulfiis had been fent back to Hoaonns, and married to Co}i- 
 Jhiiifiiis. V.-Ienttman having gone to Ra-veima, and from thence foon after to Rome 
 fettled the Aftairs of that City, and reftorcd the Jurifprudence, which in his Time 
 had loft much of its ancient Splendor; while at the fame Time 7'heodofius applied 
 himfelfto'the Re-eftabliftiing it in the Academy of Co;//?c?«r//7o/)/e, and was intent on 
 framing the new Code, which from him hath the Name ofTheodcfuu. 
 
 SUCH then was the State of the Provinces which now form our Kingdom, from 
 the Time of Co//// .wm/e to Valentinian \l\. during which Time they were govern'd 
 by thofe Emperors, to whom by the various Divifions of the Empire Italy did belong • 
 and thefe were Conflautine the Great, Cctiftaiis and Conftantnis his Sons, JuUanus^ 
 fo'vtanns, Valcntiman \. Valentinian II. Honoriiis and Valentinian III. They were 
 likewife under the Diredion and Government of the Prxfe^t of Italv, and the 
 Vicarii of Kome. And befides had other more immediate Rulers: One Confularis 
 two Corrcflores, and one Prxfes, who refiding in the Provinces committed to their 
 Charge, more immediately govern'd them. 
 
 THEY were govern'd by the Roman Laws, and the Conftitutions of thele 
 Princes, neither were there any other Laws heard of Excepting Ibme Cities in which 
 there remain'd fome Vcftige of the ancient Laws of municipal and confederated 
 Cities, who liv'd conformable to their own particular Inftitutions ; no other Laws 
 but the Roman were acknowledged in any of the Provinces, to which thefe Cities 
 had recourle as to the Fountain of all human and divine Laws, when their own 
 Municipal failed them. Neither did that firft Irruption, which the IVefirogoths under 
 Alarick, made into thefe our Provinces, difturb the Polity or the Roman Laws • 
 feeing that Prince, in the midft of Arms, not minding the Laws, did nothing but 
 over-run the Countries ; and aitho' he fettled for fome time amongft the Brtitii, yet 
 he did not introduce new Laws. As a little after him did his SucceiforAtatilfus, who at 
 laft made Peace with Honoritts, and left Italy free to him, which heand Valentinian III. 
 afterwards govern'd as the other Emperors of the Weft their Predeceflbrs had done. 
 
 ' Pagi Dillert. de CoHfulib. pag. zSz. 
 
 SECT. I. 
 
 'The/e ^iuvinces were never yielded or give» awjj to any '^erj'otu 
 
 IF the Writers of this Kingdom, and cfpecially the Civilians, had but given the 
 leaft Attention in treating of this Matter, furely they would not have fallen into 
 fuch grofs and manifeft Miftakes, as they have ftuffed their Works with : Neither 
 would they have allow'd themfelves fo eafily to believe that fabulous Donation of ail 
 Italy, which they fuppofe was made hy Conft ant ine in the Year 324, to Sylvefier 
 Pope of Rome, four Days after he had been baptiz'd by him. An Error fo warmly 
 efpous'd by the Italian Authors, and efpecially our Profeftbrs, excepting Bartoius 
 alone, that it hath been the Occafion of an infinite Number of Blunders, even in 
 Matters of moft pernicious Confequence: Some of them have gone fo far as to put 
 in Print, That after this Donation, the Emperors who fucceedcd Coujiantnie, had no 
 Title nor Right to thefe Provinces, as belonging to the Pope, and makings. Peter's 
 Patrimony : From whence comes the Right of Inveftiture given fincc by the Popes to 
 ihefcvcral Princes ; adding, thatever fince thatTime ourKingdom has been disjoin'd 
 from the Empire, and therefore never after fubjedl to the Emperors of the V\ eft, 
 
 and
 
 y6 'The Civil History of Book II. 
 
 and much lefs to thofe of the Eaft. Our Counfellor Mat. de /Ifflt^. ' arriv'd to fuch 
 a Pitch, that he did not Icruple to fay, That after that Donation, all the Conftitu- 
 tions publifli'd by the Emperors who fiicceedcd Conji ratine, for want of Power, had 
 not the I'orce or Vigour of written Eaws. The Regents ' of our Collateral C. 
 rhemfeh'es were nor afliam'd to write, that after that Donation, the SuccefTors of 
 Coufi amine had no Power of giving Laws to thefe Provinces; and that therefore we 
 were to have recourfe to the Canon and not the Civil Law. I'herefore we ought not 
 in this Place to rob Marinus Freccia * our Civilian, of his defcrv'd Praiie ; he, 
 among ours, was the firft, by his Knowledge of Hiltory, that reproach'd our Writers 
 with fuch a grofs Error, as<ittle did he excufc the Counfellor ^/^/77//5, who was his 
 Kinhnan ; neither did he pretend to vindicate him any other way, than by faying, 
 Affiuis mens Ibjloncus non cfi. 
 
 B U T altho' thefc Writers may defcrve fome Excufe, and that we ought to 
 impute their Miftakes and E,rrors to the Ignorance of the Age they liv'd in ; never- 
 thelefs our Modern Writers defer\'e no Cornpaffion, wlio after ib many Reproofs, 
 take Plcalure, as if the)' were hired, to keep their Eyes fhut, for fear they fhould 
 receive a little Light, that would diiperfe the Darkncfs in which they ddight to 
 live. And now a-days it hath been fiifficiently demonftratcd Ijy fb many famous 
 and able ■* Men, That that forged Inftrument of Donation was contriv'd in the eighth 
 or ninth Century only, and foifted into the Decrees oiGrintautts ' 3 whereas it was 
 not mentioned iii the Ancient, as S. Antoninus * and Cardinal Cufantis teftify : So that 
 before that Time it was never heard of: The only Difpute now amongft Writers is, 
 who fliould be the Author, who firft gave Body and Motion to this Chimera. 
 Some contend that it hath been the Brat of fome Greek Schifmatick, who, in order 
 to expofe the Grandeur of the Church oi Koine to the Emperors of the Eaft, or to 
 have occafion to rail at and vilify the Latin Church and the Popes, according to the 
 Cuftom of that Nation, which is their bitter Enemy, thought that when fuch a 
 Piece of Forgery came to be difcover'd, it would difcredit them, and render them odious 
 to the World ; in like manner alfo many ftrange and monftrous Fafts were imputed to 
 them which exceeded their Power. And in Conformity to this, we ftiall fee in the Pro- 
 grefs of this Hiftory, the Greeks accufing Pope Gregory II. of having excommunicated 
 the Emperor ieo, and depofed him from the Empire, and ordered his Subjetfts not to 
 pay him Tribute ; and for that end abfolv'd them from their Oaths, and a thoufancl 
 other extravagant Stories, for no other Purpofe but to render them infupportable, 
 and Uilrrpcrs of the R ights of other People ; altho' that afterwards thofe who were 
 moft addidcd to the Court of Konie, took Advantage of what the Greeks had 
 wrote for their own Ends, and applied it to other Purpofes. 
 
 OTHERS, among whom is Peter de Marca ', have written, That this Inftru- 
 ment was forg'd, not by any Greek or Schifmatick, but by a Latin, and one who 
 was fiithful to the Pope : However, all agree that it was Fabulous, and are the 
 more perfuaded of it, by the many Copies which are found that differ Co much from 
 one another. One way we read this Donation in the Decree of Gratian * ; another 
 way in the Tranflation from the Greek into the Latin, reported by I'heodore Balfamo % 
 and which is to be found in the Vatican I,ibrary : In different manners do the Popes 
 Melcbuis, Nicolas U. and L^'o IX. '° themfelves relate it. 'Tis exprefs'd in other 
 Terms by Peter Dajnian ", Matheiv Balftar, Ivo de Cbartres and Francis Burfattus '^ j 
 and differently reported by yilbericns ' ' : In a Word, there are more than twelve 
 Copies, each of them differing from one another. 
 
 BUT if fuch Writers were ignorant of the Ads of Conftantine, and did not heed 
 Bitfebius, or the other Contemporary Writers, who have not fo much as mention'4 
 fuch a memorable Fadt, but kept a profound Silence j at leaft the 1'beodofian Cod* 
 
 ' Afflic. in Conftit. in praelud. q. 2. num. 2. 
 & qu. 20. num. i- 
 
 '■ Tappia dejur. Regni lib. i- de legib. lib- i- 
 Lim. 6. Ponte de poteft. Troreg. tit. u. 
 
 num. 6. Ponte de pot 
 num. 25'. 
 
 ^ Free, de Subfeud. lib. i. pag. 5-5. 
 
 * Marca lib. ;. cap. 12. & lib. 6. cap. 6. §. j-. 
 Schelftrat. Antiq. liluft. Part. 2- Diff. %. cap. 8. 
 
 5 Gra-,. Diilinft. 96. cap. Conftantinus 14. 
 
 ^ D. Anton. Archiep. Floient. Par. i. Hift. 
 S. cap. I. 
 
 2 alone. 
 
 ' Marca lib. ;. cap. 12. num. ;. de Concor. 
 Sacer. & Imp. 
 
 " Gratian. Dlft. 56. cap. Conftantinus 14. 
 ' * Balfam. in Photii Nomocan. tir. 9. cap. i. 
 
 '" Cap. futuram 12. qu. i. Cap. Fundamenta 
 de Eleft. in 6. Leo IX. fcpift. i. ad Michael. 
 
 " P. Damian. Difcep. Synod. Blaftar. Synop. 
 Jar. Can. C. dc Bulgar. Cypr. &: Iber. 
 
 " Burfat. ill fin. i. Volum. conf. 
 
 " Alberic in 1. j. C- de Off Prsfeft. urb.
 
 Book ir. ^/^^ K I N' G D o M 0/ N A P L E S. yy 
 
 alone, and the Conftitutions of the fame Conjiauthie which we read in it, are enough 
 to undeceive them. They would have it, that while Conjlantine was in Koms in the 
 Spring of the Year 324. he was guilty of this extraordinary Prodigality in Favour of 
 Silvefter, four Days after his Baptihn : But moft certain it is, that Cmfiautine was 
 not in Kome during thele fuppofed Months of the Yeir 324. but was bufied in the 
 Eaft in the War againft Ltcinitis ^ which being ended by his Defeat, and a compleat 
 Vidory obtain'd, it is likewife known, that he having gone to 1'hejJ'alonica, he 
 rcmain'd there, and in the fame Months cxaftly of the fame Year 324. he did not 
 remove from that City ' ^ which is clearly prov'd by two of his Conftitutions wliich 
 we read yet in the fame Theodofian Code, which are in L. 4. under the Title dc 
 Naviculariis, which was publifli'd by Conjhntine at the fame Time while he was in 
 Tbeffaloiiica, and dkeHed to Elpidias, under the Confulfhip of Cow/?^;/////^ III. and 
 Crij'pas III. which bears this Date, Dat.WU. Id. Mart, ^hejfalomcx, Crifpo IIL 
 ^ CciiftauTiuo III. Ccfs. And by his other famous Conftitution ' whereby he pre- 
 fcribes a Rule concerning the Dilpenfing with the Age, as well of Males as of Females, 
 which altho' a little defac d and mangled, was inferted by Tribnnianus in the Jufit- 
 nian Code K Conjlantme made this Law following the lame Year 3 24. being ftill 
 in Tbcffalonica, as Zcfimus relates ■*, dated thus : Dat. VI. Id. Aprtlis ^bejfalonica, 
 Cri/poUl. ^ CoHJianttne III. Cofs. as Gotofrediis correds itj and was direded to 
 Lucer. Veriatis, who was Prasfed of the Cityofilow/e that Year, which is clear 
 from the Words of the Nctitia of the Praefeds of Kome, where we read Cr:fpo III. 
 & Coii/lautine III. Cofs. Lucer. Verinus PrxfeSius Urbi : Whence it is that we read it 
 but incorredly in the Jnftintan Code : Ad Verinum P. Praetorio. 
 
 THESE Laws convince us not only of the Forgery of this Donation, but like- 
 wife of the Miftake of Omfiantine's having been baptiz'd by the Hands of Pope 
 Stlvejier ^ Neither ought others to make a Buflle about the Adions of this Pope, 
 •which are not receiv'd by Baronius himfelf, but reputed Fabulous : And that is 
 certainly a Miftake, which is told among them, that in the fame Year 324, Calfurnius 
 was Pr^efed of Ro?w, when 'tis evident from the Dates of the forefaid Laws, that 
 Lucer. Verinus was Prsfed of that City. They ought rather to be convinc'd by 
 the Hiftory of Eiifebtus of Cxfarea *, a grave and ingenuous Man, who flourifh'd 
 at the lame Time, and defcrib'd the Adions of that Prince minutely ; and if luch great 
 and remarkable Fads had truly been, 'tis not credible, that they could have been 
 omitted and pafTed over by fuch a Man, in a Hiftory which was publifh'd in a few 
 Years after the Death o£ Conftanttne, and was in the Hands of every body ; who, to 
 the great Shame and Reproach o£ Eufebius, would have thrown fb great Ignorance 
 in his Teeth, and given him the Lye, for telling that Conjiantinc was baptiz'd in 
 J\lcodemia about the latter End of his Life, and not in Rome. 
 
 BUT what is now doubtful amongft fbme, was not furely fb amongft the ancient 
 Writers both Greek and Latin. 7'heodoret, Sozomenus, Socrates, Photius, and 
 other Greek Authors wrote ', that Conftantine receiv'd Baptifm not from the Hands 
 of Pope Stl'vefter in Kome, but in Nicodemia, when he was dying : And among the 
 Latins, S. Ambrojtus, S. Hieronynms, and the Council of Ktmini had likewife the 
 fame Belief*. Whence it is that our moft grave and learned Divines, and the mofl 
 careful Ecclefiaftick Writers, fuch as Cardinal de Perron, Spondamis, Petavnis, 
 Morinv.s, and the incomparable Arnaldus », contrary to the Opinion of Baronius, 
 thought what is commonly believ'd concerning the pretended Baptifm of Conftantwe 
 in Kome, by the Hands of Pope Siluejler in the Year 324, four Days before the 
 forg'd Donation, to be fabulous. Which ought to fatisfy Emanuel Scheljlrat '°, in- 
 ftead of having recourfe to that ftrange and unhappy Defence, that Conflantme 
 being already baptized in Kome, was by Eufebius re-baptiz'd in Ntcomedta ; feeing 
 if it were even granted that Conftantine in his latter Days did incline to the Dodrine 
 of Arius and his Followers ^ yet the Arians were not wont in the Beginning of 
 their Error to re-baptize the Catholicks, who went over to their Belief^ as Cbrifttanus 
 
 ' V. Zofimum lib. 2. 8c Anonymum Sirmondi. I lib. 2. cap. 54. Socrat. lib. i. cap. go. Phocius 
 * L. un. C. Th. de his qui Vaeniam secat. Cod. 127. 
 
 " ■ ' * Ambrof. Serm. dc obitu Theodof. Hieron. 
 
 ' L. 2. C. eod. tit. 
 
 * Zofim. lib. 2. 
 ' Got. in chronol. C. Th. A. 524. 
 
 * Eufcb. lib. 4. de vita Conftant. cap. 61 & 
 
 ' Theodoret. lib. j. hift. cap. 32. Sozom, 
 
 in Cronic. Cone. Arimin. apud Sozom. lib. 4. 
 cap. 18. 
 
 '^ Arnald. Ars cogirand. Par. cap. 
 
 '° Eman. b'chelftrat. Aiuiq. Illuftrat. Par. 2. 
 DifTert. :}. cap. 6. 
 
 Z Lupus
 
 7^ The Civil History of Book If. 
 
 LiipHS fufiiciently proves : And it was long after that St. Auguftine ' charg'd fbme 
 Anans with luch a Novelty, and wonder 'd at it as a Thing new and extravagant, 
 and upbraided them with it. 
 
 NEITHER ought it to fecm ftrange (altho' it may be going a little out of our 
 Way) that Confiantine being fo zealous a Chriftian as he was, in the following Year 
 325. would be prefent at the great Council of Nice, where he gave the laft Proofs of 
 his Piety, and perform'd fo many pious and generous AAions in favour of his new 
 Religion, being yet but a Catechumen. This will not appear ftrange if we diftin- 
 guifli the Time of his having embrac'd this Religion, from that of his Baptifin ; and 
 do but confidcr the Cuftom that was then common amongft the Great Men, of delay- 
 ing their Baptifm till the Time of their Death. 
 
 CONSI'ANI'INE not long after thtYideAtoi Maxentitis, long enough before 
 the Year 324. in which 'tis faid he was baptiz'd in Konie, had embrac'd our Reli- 
 gion, giving manifeft Signs of his Sincerity, and of his Tove and Beneficence towards 
 it. Before the Year 324. he had publifh'd many Conftitutions concerning the 
 Immunity of the Clergy from Civil Offices, and for building of Churches, and the 
 Deftrudion and throwing down of the Heathen Temples ; and likewife, that his fo 
 famous Conftitution % by which he allow'd the Churches to purchafe immoveable 
 Goods, and gave Liberty to all Perfons to leave to them by their Teftaments what- 
 ever they pleas'd, whence fprung the Fountain of their Riches, and clpecially of the 
 Church oi Rome above all others, was not promulgated after, but three Years before 
 his pretended Baptifm in Rome. It ought not then to feem ftrange, if in the following 
 Years, being yet a Catechunien, he fhould ftcdfaftly continue to favour the Church, 
 and to adorn her with fo many Prerogatives and Honours. 
 
 THERE was likewife at that Time a Cuftom, as we have faid, that the great and 
 moft illuftrious Perfbnages of the Empire, altho' they embraced this Religion ; never- 
 thelels, by a very bad Cuftom, were wont to delay Baptifm until they were in great 
 Danger of their Lives, and expos'd to fome doubtful and dangerous Enterprize. 
 Neither was this Cuftom left off during the Reigns oiConftauune and his Sons but 
 lafted long after, even in the Reigns of his other Succeffors, altho' otherwife they 
 were moft religious Princes. So we read of T'heodofius the Great, who tho' he em- 
 brac'd the Chriftian Religion, and gave evident Proofs of his Piety, yet he continu'd 
 ftill a Catechumen, and would not be baptiz'd, until he fell grie^'oufly fick in 
 ^hejfalonica in the Year 380. When he faw himfelf in Danger, he fent for the holy 
 Bifliop Acclius, by whom he was baptiz'd, whereby he not only got Health to his 
 Soul, but to his Body likewife ^ 
 
 VALEN'TINIAN II. was a Prince, of whom it was always faid, that as all 
 the Mifchief of his Reign was owing to Jufiina his Mother, fb all that was Good 
 was his, as was very evident after her Death ; being yet a Catechumen, he would 
 not be baptiz'd i but juft as he was ready to enter into Battle with the Barbarians, 
 he intreatcd St. Avibrofe to come quickly and baptize him. But while this holy 
 Bifhop was eroding the Alps on his Way to Vienna, where this Prince then was, 
 he heard of his difmal Death ; for Arbcgaftus being difcontented at his having 
 taken the Command of the Army from him, corrupted fome of his Officers, and the 
 .Eunuchs of the Palace, and caus'd him to be ftrangled in his Bed while he was afleep, 
 in the Night o{ Saturday the 15th oi May 392. being the Vigil ofPentccoJi. W hich 
 doleful Accident was bewail'd in a very learn'd and elegant Funeral Oration by the 
 faid Bifhop "*, which he rehearfed at his magnificent and pompous Obfequies ; in 
 ■which he maintain'd, That Baptifm having been dcfir'd, and with fo much Fer- 
 vency demanded by that Prince, had purified him from all the Stains of his Sins, 
 and had carried him to the Enjoyment of the Pleafures of Eternal Life. 
 
 THE Hiftory of St. Ambroje himfelf is likewile very remarkable, who did not 
 receive Baptifm, until he was promoted to the Bifhoprick o( Milan. It is alfo faid 
 of the famous and renown'd Benevolus firft Chancellor to the Emprefs Jufiina, that 
 he might not have a Hand in that Edid, by which Liberty was given to the 
 Arians, freely to profefs their Error ; he gave a generous and noble Denial, and 
 retired from Court ; and befidcs, demanded Baptifm prefently, which, according 
 to the Cuftom of the great Men, he had df laycd to the laft. \Vc could here give 
 a great many fuch Examples, both from facrcd and profane Hiftory. And 'tis 
 
 • Auguft. lib. deHarefb. Cap. 48. • ' Socrates lib. j. cap. 6. Sozomonl.?. c. 4. 
 
 * L.4. C. Th. de Epil. ^ * Ambr. in Orat. tua. \a!ent. 
 
 probable.
 
 Book II. z/?^ K I N G D o M 0/ N A P L E S. 79 
 
 probable, that our 1'orquatus ' meant this Cuftom, which it fecms was likewife in 
 Ethiopia in the Reign of Senapiis, when, fpcaking of Clarmda^ he mentions that 
 her Baptifm had been deferr'd. 
 
 I T was thought, that delaying Bnptifm to the laft Moments of Life, was in 
 order to fhun the very rigorous publick Penance, which the Church in thofe Davs 
 impofcd on penitent Chriftians ; and that by putting it off to the laff, they were 
 made more fure of eternal Salvation ; feeing any Perfbn was thought fit to admi- 
 nifter that Sacrament, even an Infidel, a Neophyte, or any filly Woman, and the 
 Matter of it being always at hand, which is Water, and the Form of it fbon 
 perform'd and ealy, confifting of few and fimple Words, it feldom or never 
 happen'd to the moft unfortunate of Men to be lb fuddenly ftruck dead, as that 
 they could not have Time to be fprinkled with fb healthful a Water, which, in an 
 Inftant, by the infinite Merits of Jefiis Chrift, wafli'd away all the Filthinefs con- 
 trafted in this mortal Life, and carried them certainly to the Felicities of another 
 Immortal and Eternal. 
 
 B U T it was afterwards obferv'd, that fuch a bad Cuflom gave occafion to Men 
 to lead a licentious Life, and to be prone to all Irregularities and Wickednefs ; and 
 Experience making it evident, that many dy'd as they had liv'd ; and that Death 
 might feize on them fb fuddenly, that they might want thefe Helps, of which the 
 difmal Accident thatbefel Valentiniait was a terrible Example ^ therefore the Fathers 
 of the Church began to declaim againfl fuch a pernicious Cuflom : Whence 
 Bafiliiis and his Brother Gregory of Nijf'. '■ in the fame Century, did all that in 
 them lay, to abolifh fuch a dangerous Cuflom ; and St. Ambrofe, who fucceeded 
 them, after having bewail'd the Misfortune of it, apply'd himfelf flrenuoully, and 
 did all he could to eradicate it, by often inveighing moft \igoroully againft fuch 
 an Abufe ^ ; fo that at lafl it was banifh'd out of the Church, and never more 
 fuffer'd ■ whence the contrary is commendably pradis'd to this Day. 
 
 B U T to return to our Subjedl, thefe our Provinces were not fubjefted, nor 
 given to any Perfon by Conjlautine ; but were rul'd and govern 'd by the fame 
 Prince, after the Year 324, in the fame Manner as before, and to the Day of his 
 Death he took Care of them, by committing the Government of them to the Prx- 
 feSli P. of Italy, to the Confulares, ConeBores, and the Prcefides, and he eflablifh'd 
 many Laws, which he diredted to them for their right Adminiilration. As foon 
 as Conftantine had difpatch'd the Council of Nice, and the Affairs of the Eafl, he 
 return'd the Year following 326, by Pamiotiia into Italy, and fettled in yiquileja, 
 where, in the Month of April of that Year, hepublifii'd fbme Conftitutions "* j 
 from thence he went to Milan, where he publifli'd others ' in the Month of July ; 
 and finally, in the fame Month, came for the laft Time to Rome, where he re- 
 main'd a long Time with his Mother Helena, who, in the fame Year 326, in the 
 ]\Ionth of Atigujl, dy'd in the Arms of her Son and Grand Children, and was 
 bury'd there *. This very fame Year, many Laws were publifli'd by Conftantine 1 
 in Konie concerning the Annona of the faid City ; and many Things were efla- 
 blifli'd for the Neceflities of thefe Provinces by this Prince, until he return'd to 
 the Eaft, where he gave himfelf up entirely to the Re-eftablifhing of the new Empire 
 and Conftar.tinople. 
 
 BUT in the mean time, the Affairs of the Weft, and thefe our Provinces, 
 were not neglected, being committed to the Charge of the Prcefedi P. of Italy, 
 and more immediately to the Ccnfulares, Corredores, and Prcefides, fb that they 
 were govern'd by Conftantine and his Succeffors down to Valentmian III. as we 
 have fhewn ; fo far was it from any other Perfon's having any Right or Supe- 
 riority whatfbever over them. 
 
 THEREFORE the Story of Naples ought to be look'd on as a Romance, 
 which is thus related, That it being at that Time within the Limits of Campania, 
 and fubjed; to the Confulares of that Province, was excepted out of that Donation 
 only, it having pleas'd Conftantine to keep it to himfelf, upon this gracious Account, 
 That he having occafion to make many and frequent Voyages to the Eaftern 
 
 Torq. TafTo Canro 12. Ott. 75-. G. L. 
 Gregor. inOrat. in Baptif. 
 ^ Ambrof. in Serm. de Sanft. & alibi. 
 L- unic C. Th. fi quLs earn cu jus tut. 
 
 4 
 
 "" C. Th- de fjlla nionera. 
 " Autt Vita Coiiftanr. lib. 3. cap. 46. C.27. 
 ' L. 5. C. Th. dc Navlcul. L. 1. de Pia;d. 
 Navicul L 4 de Infirm, his, qux- Tub Tynn. 
 
 Tranfmarine
 
 8o 
 
 The Civil History of 
 
 Book If. 
 
 Tranfinarine Countries, he was willing to refenx one City, in which, as he pals'd, 
 he might ftop a little to refrefh himlelf after the Fatigue and Hurry of a Journey. 
 The Accounts of the Journies of this Prince, in Company with Pope Sil'vcficr^ 
 to Narles, are more ridiculous ; and that which deferves yet more to be laugh'd at 
 is, that they two having embark'd in the Port of this City, went together to NicCy 
 the Metropolis of Bytbinia, where they were prefent at that great Council : and 
 Conftantine returning to Italy in the Year 326, ftaid fome time in Naples^ where 
 he was receiv'd a-new by the Neapolitan Republick, with the greateft Marks of 
 Efteem and Gladnefs j and that he built fo many Churches, with a hundred other 
 trifling Stories with which they have fwell'd their Volumes : So that thofe who 
 confider fuch fabulous Stories, and that this Prince, in his returning to Italy, pafs'd 
 no other way but thro' Paimonia, and that if he intended to go from Rome to the 
 Eaftern Parts by Sea Voyages, he had the Via Appia ready and free, which was con- 
 tinu'd to Brimdiifium, where he could embark with the greateft Eafe : In like manner, 
 P. Caracciolo ' would make us believe, that Brtindtifatm was the Place where St. Peter 
 landed, being moved by no other Reafon to believe it, but becaufe it was the moft 
 ready Road for thofe who by Sea went from Ro)?!e to the Eaft, or from thence 
 to Rovie i for which Reafons, 'tis to be doubted whether Confiautine ever fa\w 
 Kaples, fo far from his having ftaid there and built fo many Churches, as if he 
 had had no other Bufmefs to do there but to build Churches * ; whereas 'tis evi- 
 dent, that any Veftige of Grecian Strufture that is now remaining in any Church 
 of this City, hath no Marks of having been built in the Time of Confiautine the 
 Great, but of later Times, during the Reigns of the other Confiautines, Emperors 
 of the Eaft, towards the very laft Times of the Grecians, when the Neapolitan 
 Dukedom was fubjed to the Grecian Emperors ; of which we fhall have a more 
 proper Occafion to fpeak : And P. Caracciolo himfelf ' cannot deny, that many- 
 Churches which are attributed to Conftantine the Great, were erefted in Naples in 
 much later Times ; altho' he be perfuaded, that this Emperor was in Naples with 
 his Mother Helena, and believ'd, that that of St. Reftituta, and the other of the 
 Holy Apoftles, were built by him ; which he can't prove by any contemporary 
 Authors, but has recourfe to Tradition, Anafiafius, and other later Writers *. 
 
 ' P. Caracc. de Sacr. Neap. Eccl. Mon. cap. ;. I ^ P. Caracc. de Sacr. Neap. Mon. cap. 21. 
 
 I feft. ^ SaS. 
 
 feft. 4. 
 
 * Turin, dell' origin, de Seggi, cap. 2 
 
 Idem Aut. loc. cit. feft. 2 & 5. 
 
 C H A P. V. 
 
 Of New Laws, and New Jurifprudence, mider Const antine, 
 
 mid his Succejfors, 
 
 H E new Di{pofition of the Empire under Conftantine, as it pro- 
 duc'd many Changes in the Civil State of its Provinces, fblikewile 
 was it the Occafion of various Alterations in the Roman Juris- 
 prudence. It began to take a new Form and Appearance, after 
 he began to make new Laws, endeavouring all he could to cancel 
 the old, and to introduce new Cuftoms into the Empire ; 
 whence it was, that Julianus ufed to call him Nwvator, and a 
 Difturberof the ancient Laws and Cuftoms '. Healter'd the Manner of Judging, 
 
 Ammian. Marcel, lib. 16. cap. ii. p. 20/. 
 
 and
 
 Book II. the K i k c d cm 0/ N A P L E S. 81 
 
 andabolifh'd the ancient Forms, and introduc'd a new Way of Proceeding. Tlie 
 Magiftrates took other Titles: and if at any time they recain'd the Old, yet their 
 Jurildiclion was different, and their Bufineis not the fime : New Di^'nities were 
 introduc'd, and thofe not only of tlie Officers of the Palace, but likewife of the 
 Military were chang'd, and the Precedency among them alter'd ; whence came the 
 new Names and Titles belonging to their Offices and Authority, which v, c read in 
 the T'beodojijn Code ', 
 
 BUT the moil: powerful Occafion which wrought fb great a Change in the 
 ancient Koman Jurifprudence, was the venerable Chriftian Religion, which Con- 
 Jhiiithie embracing with fo great Ardency, it inclined him, and made him io 
 defirousof ellablifhing new Laws, which, according to the Maxims ot this new 
 Religion, were to be fomewhat contrary and different from thoie of the Gentiles. 
 Firft of all, he was Intent on changing the Koman Culloms, and their ancient 
 Religion ; for which End, he publifh'd many Edifts directed to the Roiucui People, 
 and to the Priefedts of that City ; and heapply'd himlelf to nothing elfe all thofe four 
 Years that he rtaid in Koinc^ which was from the Year 319, to the Year 322: He 
 prohibited in Rome, which was the City moft addidled to the Superftitions of the 
 ancient Religion, the Soothlayers from privately foretelling future Events, altho' 
 he allow'd of it in publick. He forbad Mafters to take Advantage of the Power 
 they had over their Servants, but that they fhould treat them moderately, and witli 
 the utmoft Diicretion % according to the Principles of the New Religion ^ for 
 which the Fathers of the Church extoU'd him, amongft whom was Latlantius^ 
 who taught, that Servants ought to be treated like Brothers by their Mafters. He 
 introduc'd into the Church new Methods of Enfranchifing, in order to make the 
 Acquifition of their Liberty more eafy '. He made a new Syftem concerning 
 Divorces, Contradts of Marriage, and Matrimony ■* : he fuppreffed the Levity of 
 Divorces, and confirm'd, with a more firm Knot, the Sandiity of Contradts and 
 Marriage. He abolifti'd the Penalty of Celibacy ', and took off other heavy 
 Yokes which the ancient Roman I,aws had impos'd upon the Necks of Men ". 
 
 ACCORDING to the Didatcs of this new Religion, he was fevere againft 
 
 the Ravifhers of Virgins, and thofe, who, defpifmg the Sandtity of Marriage, 
 
 were delighted in roaming after Luft '. He reflrain'd Concubinage, againfl which 
 
 La^antiHs had already fb much written and declaim'd ^ He forbad all manner 
 
 of Work on the Lord's Day, and, according to the nev/ Rites of the Church, 
 
 he made other Days holy which were not f b formerly '. By whatfoever Forms or 
 
 Words the Enfranchifings fhould be made in the Churches, he would have thofe 
 
 that were manumitted to enjoy full Liberty '°. He gave PermifTion to all Perfons, 
 
 freely to leave by their Teftaments whatfoever they pleas'd to the Churches ' ' : and 
 
 befides, that he might take a commendable Care and Protection of the Church 
 
 and her Canons, he concern'd himfelf in the Controverfies which arofe among the 
 
 Fathers, which was more than perhaps fuited with his Imperial Dignity ; by which 
 
 their Contentions became to be more taken notice of, and added Fuel to their 
 
 Difcords and Strifes, which would not have been, had their Difputes been left 
 
 entirely to themfelves, who were the raofl proper Perfons for deciding them : 
 
 Neither would the Church have been fb fet on Fire as it was fbon after, by the 
 
 Firebrands of the Avians, who fb much abus'd her j but, perhaps, it would have 
 
 continued in the fame Purity and Simplicity, in which it had been maintained for 
 
 the firfl three Centuries, and in which Chrifl our Redeemer left it. 
 
 HE thought, that the Government and outward Polity of the Church belong'd 
 to him : Therefore he made many Laws concerning the fame ; forbidding thofe 
 that were rich, and thofe that were fit for the Adminiftration of publick Offices, 
 to take Orders, allowing none but Men of fmall Fortunes and of mean Condition 
 to take them ' - i and, furthermore, he made other Provifions concerning the Mi- 
 nlflers and Goods of the Churches ; Whence it came, that the Emperors, his 
 
 ' Got. in Prokgom. C Th. cap. rz. 
 
 L. I. C Th. dc Emendat. Scrv. 
 ' L. ult. C. Th.dchis, quia non domino. 
 
 * L. z C. Th. de Sponfalib. 
 
 « L.un.CTh.delnfir. Pern. Coclib. 
 
 * L- ?.adS. C. Claudian. L un. dc Com- 
 miiT. Refcin. 
 
 ^ L. I. C. Th. dc Rapt. Virg. 
 
 ' Nazar inPancg. Porphyr. Carm. 6. 
 
 " L. I. C. Th. dcFeriii. 
 
 '"' L. un. C. Th. de Manum. in Ecdcf. 
 
 " L. 4. C. Th. deliplfc. 
 
 " L. ^C. dcEpIlc. &:Cler. 
 
 A a Succeflbr?
 
 82 T'he Civil History of Book II. 
 
 Succeflbrs in the Empire, and of the fiime Religion, following his Footfteps, 
 added divers other ConlUtutions concerning the outward Polity of the Church, and 
 the Perfons of Bifhops and Clerks, and the Adminiftration and Government of 
 their Goods. And however SoZoinemts ' hath written of Vcikntmian I. that he 
 meddled little in thefe ATatters, impofmg nothing upon the Priefts, neither chang- 
 ing what was either Good or Bad in Church AiFairs, neverthclefs we read in the 
 TbeodoJJm Code, Ibme of his Conftitutions relating to the Polity, and particularly 
 to the Eledlion of Clerks, and other Minifters of the Church. But all his Suc- 
 ceflbrs have fince added very many Conftitutions, {'uch as VcJentinian II. TheodofiuSy 
 Gratiams, Arcaditis, Houcnus, and the reft ; fo that in the Reign of T'bcodofms 
 the Taun^e,'^ an entire Book of thefe Laws was compos'd, which is the laft of his 
 Code : Wherefore we fee the Koman Jurifprudence, in that Part which relates 
 to the Divine and Pontifical Law, quite different from that of the firft, and alto- 
 gether new. Which Inftitution being continu'd afterwards by the other Emperors, 
 and particularly by our Jtifltnian^ it came at laft to the Emperors of the Eaft, 
 who abufing thei/ Power, in the laft Ages of the Empire, reduc'd the Matter to 
 fuch a State, that Religion was entirely fubjefted to the Will of the Prince ■ for 
 which Reafon it was wifely adverted to by worthy Men -, That it was a great 
 Miftake in thofe, who, to fetjuft Bounds betwixt thePriefthood and the Empire, 
 and the Power of the one and the other, were guided by the new Conftitutions 
 of thefe laft Emperors, as by a fure Rule ; but we fhall have Occafion to handle 
 that Matter largely, when we come to treat of the Ecclefiaftical Polity. 
 
 THIS Zeal then for our Religion, which was direftly oppofite to that ancient 
 one of the Gentiles^ being imprinted in the Heart of a Prince, whom both the 
 Empires obey'd, was able to change the Cuftoms, Laws, and Inftitutions of Men. 
 This not only made him think of Building new Temples, and throwing down the 
 old, but alfo of changing and abolifhing whatever of their Laws feem'd to him 
 either too fuperftitious, or exceeding fubtile: of which, his many Conftitutions 
 publifh'd for that purpofe, and which we read in the I'beudofian Code ', are clear 
 Teftimonies. And Conjtc.ntius his Son, who fucceeded him in the Empire, follow'd 
 his Footfteps, and in many Things departed from the ancient Inftitutions, and 
 efpecially in religious Matters, as is manifeft by his many Conftitutions which we 
 read in the fame Code 1 
 
 WHENCE it was, that the Charadter Conftcntine left behind him, was fb 
 different among the Chriftians, from what it was among the Gentiles. The 
 Chriftians extoll'd him for thofe Fadts j from which Nazariiis "■ took occafion to 
 found his Praife, in the Panegyrical Oration which he made in the Year 321. thus: 
 Novcc leges, regendis tmribus, & frmgeudis vitiis Conftitutce, veterum calimniofae am- 
 lazes recifce, captc.ndce SimpUcitatis laqneosperdiderunt.^ Jfidore * in his Book de Ori~ 
 ginibus, fays iikewife, that the jiev) Laws were begun by Covftanthie : And Profper 
 AqiiitiViicns ' calls the Authors of fuch Laws, lawful Princes, becaufe they were 
 publifti'd by Chriftian Princes. 
 
 BUT the Gentiles, who very unwillingly fuffered thefe Changes, reproach'd 
 bitterly both him and his Son Conjlautiits. Wherefore Gregorius and HerimgeniauiiSy 
 both Heathen Civilians, who flourifh'd under Couftautine and his Sons, fearing, left 
 by thefe new Conftitutions of the Chriftian Princes, the Heathen Jurifprudence 
 fhould be loft, applied themfelves to the Compiling of their Codes, in which they 
 united together the Laws of the Heathen Emperors, beginning from Adrian down 
 to Dioclefian, in order, as much as pofTible, to preferve the Ancient. From whence 
 it came to pafs, that Julian the Nephew of Conjiantine tbe Great, having affum'd 
 the Empire, and publickly renounc'd the Chriftian Religion, and embrac'd the 
 Heathen, apply'd all his Might (although he did not make ufe of the Weapons of 
 Cruelty as the Heathen Emperors his Predeccffors had done) to reftore the \V'orfhip 
 of the ancient Religion, and the old Laws, and to overthrow Chriftianity i for 
 •which End he was altogether bent on abolifliing whatever Coiijimiiiue had done. 
 
 ' Sozomen. lib 6. cap. 7 & 21 . 
 
 * Tomafin. Dillert. inConc. Pisf. I. num. f. 
 Joa. Filefac. Traft. de S'acr. Epif- Auth. cap. 7. 
 ^. 7. &: traft- de Idolatr. Politic, cap. 9. 
 
 ^ L. un. C. Th. de Domin. Rei, qux- pofcit. 
 L. ;. C. Th.de conti . Empt. Toto tit. C. Th. 
 ad. 5>. C. Caudian. £v dc Loiiga Confuetud. 
 
 -* L. 10. C. Th. de Operib. PubJ. L. f. C Th. 
 dc Sepukhr. Viol. 
 
 ' Nazar. in Oiat. Paneg. 
 
 ^ Ifidor. lib. Origin. 5. cap. i. 
 
 ' Profper. Aquic...;Jib. prior. Chronic 
 
 calling
 
 Book 11. r/j(P K I N o D o M 0/ N A P L V. i>. 
 
 83 
 
 calling him, as Anmiauus Marcelltiiiis reports ', Nonjato;', and Difturber of the 
 ancient Laws and Cuftoms: 'JhIuviudi^ jnenioriain Coaftnutiin at Novatons, turha- 
 torifque Pnfcarum legunj^ t? luoris Anttqiiitus recepti^ Vcxiiffc : tlierefore we read 
 many of his Laws to this Day in the T'beodofian Code ^ by which it is glear, that he 
 had his Mind bent on nothing ellb but the abollfhing Cuufitvitine's Laws, and re- 
 ftoring the Ancient. For thus he writes, Aidpntata Conftttiitions Conflantini patru^ 
 luei^ Qc. Antiquum jiis^ cum omui firmitatc Servetiir ', and ellcwhere *: Patrui met 
 CoJiftantmi Conjtitutioiiem jube7uu<: dbolert^ &c. Vetiis igitm- jus rcvocamns. And this 
 Prince having added many Conftitutions to the Civil Law according to the ancient 
 Diltipltne ; and above all, having provided for the Dilpatch of Law-Suits, and 
 likewilt' in a great mei^liire taken off the Taxes which his PrcdecefTors had laid on, 
 and given clear Proofs df his Vifi^ilancy, his military Valour, and many other Virtues, 
 did not only acquire the Chara'fler of a wile and prudent Prince among the Gentiles^ 
 asLtbjTiius ^ for that fame, extols and magnifies him in a Funeral Oration which he 
 made on him ; but likewife thcle Encomiums are reported by Zonora, and, which 
 will feem more ftrange, by Writers alio of thele our latter Times ; among whom 
 3Iicbael de Montaigne \s the Chief ■*, who befides his defend'ng his Apoftacy and his 
 other Mildeeds, which are commonly imputed to him, loads him with exceflive 
 Fraifes, and extols him to the Heavens. 
 
 BUT the Reign of this Prince having lafted only two Years, for he was kill'd by 
 the Pdrtbians, in the 31ft Year of his Age, and fucceedcd in the Weft by 
 Valentnitan the Elder, and by Valens his Brother in the Eaft, Princes who had the 
 Chriftian Religion as much at Heart, as Cojiftantine ever had ; therefore ail that 
 yultan had done againft it, became of no Force, fince it was likewile maintain'd by 
 the Princes their Succeffors, altho' it was abuled and corrupted by the Peftiferous 
 Herefy of Arnus, which having feiz'd on the Heads of the Empire, fpread itfelf 
 over all the Chriftian World, and likewife got footing in barbarous Nations ; and 
 thele Princes having trod in the fame Footfteps w ith Conjianthie, and added their 
 own to his Laws, gave that Afpeft and Frame to the Jurilprudence which we 
 now fee in the ^beodofian Code. 
 
 * Amm. Marcel, lib. i6. cap. 21. pag. zof. 
 
 * L. unic. C- Th. de Dominio rei qua;. 
 ' L. ?. C Th. de contr. empt. 
 
 '* Llban. orat. 10. p. 297. in fun. Julian. 
 
 ' Mich, de Montaigne in his ElTays, 1. 2. c iS- 
 
 CHAP. VI. 
 
 Of the Civilians^ and their Booh, and of the Academy of 
 
 ROME. 
 
 Youth 
 wallow 
 
 L T H O' the Roman Jurifprudence, by the new Divifion of the Empire, 
 by the new Difpofition of the Officers, and by the new Polity and 
 Religion introduc'd into it, had a quite different Afpedt, and new 
 Forms : Neverthelcfs it is not to be doubted, but that the Caufe of 
 its Change and Decay was owing in a great meafurc to the Lofs of 
 the ancient Difcipline, and the want of good Education in the 
 : No fooner was the Dilcipline and Education loft, than the Youth were fecn 
 ing in Luxury, fcafting and living delicately, gaming and whoring, exadUy 
 
 as
 
 o4 '^^^^ Civil History of Book II. 
 
 as Anmmnus MarcclUnus ' laments that Age ; therefore it was not to be expedled 
 tliat it could produce thofe uncorrupted and grave Magiftratcs, thofe wile and 
 prudent Civilians, the AfricjH!^ the Marcelli^ the Papiniaiii, the Pdiili, and many 
 others lb excellent and renown'd, as flourifh'd in the preceding Age. The Bufinels 
 of the Civilians, who in the Reigns oi Coiifr ay.tmc and his Sons, iiicceeded to thele 
 bright Men (amonglt whom there was a certain Iiiiwceiitius Co much celebrated by 
 Eimap!t!s and one yJiiatclins, and Ibme others of oblcure Names) was nothinf» elle 
 but teaching and explaining in the Academies, what thele Ihining Ornaments had 
 written, and in Collecting, Commenting upon, and rendering their Books in a 
 better Reading. The Die of Interpreting and Expounding being laid afide, and the 
 Employment of the Civilians reduc'd to two Things only, to wit, teaching in the 
 Acadamies, and haranguing in the Courts for their Clients, which by degrees they 
 did for Money, contrary to the ancient Law Chicia, the Employment in thofe 
 Times became fo contemptible, that at laft it was the Bufinefs of the emancipated 
 Slaves. Wherefore Maiuctiniis '■ ufed to lament the loft Dignity of the Jurilpru- 
 dence, even before Julian, and to grieve bitterly, by laying, Juri/civi/is Scteiitia, 
 qux liLnilios, Scxi'olas Servios in fl.MpliJ/ih/ia// g^radum dignitatis extulerat, liheytorum 
 artificium dicelhitiir. \\t read in Pbotius ', that Afterius Bifhop oi Aiuafca, who 
 liv'd about the Year 400. related, that he had been a Dilciple of a certain Sctta, a 
 Servant bought from a Citizen o( ylnticcb^ who publickly profefs'd tlie Jurifpru- 
 dence ; whereas the Practice of Orators, or thole who had tlie Charge of Law- 
 Suits, who were the Pleading Advocates, was fo honourable among the ancient 
 Roi/ians, that the Kotaan Senators, and other great Men put their Sons to it : It 
 was the firft Step in the popular State to railc them to great Emplo) ments ; becaufe 
 by pleading Gratis, as they did, they obliged a great many People, and conlequently 
 gain'd a number of Clients, by which means they acquir'd great Refped: and 
 Authority among the People, which was the furc way to get in to great Offices. 
 Befides that thofe who were good at making Speeches had a great Advantage in the 
 AflTemblies of the People, who are willingly led by the Ears^ whence it is that in 
 popular States, the Advocates are thofe w ho generally have the greateft Power and 
 Authority : But under the Emperors the Authority of the Advocates was much 
 diminifh'd, as the Author of the Dialogue de Oratonbus, which is attributed to 
 Tacitus, fays. For which Caufe the Popular Fa\our was of no ufe in attaining great 
 Employments ; for fince they could not be rewarded but by Money, it was then 
 they became fo Mercenary ; but the Emperors being unwilling to debale them altoge- 
 ther, put them on a Level with the Military, allowing them all thofe fine Privileo-es 
 which the Soldiery enjoy 'd, and others befides, eipeciallj-, that after they had fel- 
 low'd their Employment for twenty Years, they became Counts •*. If fuch debafin«>- 
 had only reach'd the Lawyers, it would have been more tolerable, but it likewiie 
 penetrated into the Academies and the Tribunals. 
 
 THE Academy of Koine by Ignorance, the Bafenefs of the Profeflbrs, and the 
 Riotoufnefs of the Scholars, was reduc'd to fuch a lamentable Condition, that Valen- 
 tinian the Elder, to hinder it from being quite extinguilh'd, was oblig'd in the Year 
 370. while he was at fZlvV-j, to publilh a very long Conflitution, which he diredbed 
 to 0//^'/v«.f Prefedt of the City oC Rome, in which he cftablifh'd XI. Academical 
 Laws, and remedied a great many Abufes which had crept into it. 
 
 F/ki'J'ofall, he oblig'd the Scholars who came from the different Provinces 
 of the Empire to fludy at Rome, to bring with them Certificates from the Reef ores 
 or the Confula-res, Corrc^crcs, or Prxfidcs of the Province from whence they came • 
 in which Certificates they were to declare their Country, their Birth and their 
 Merit, the Quality of their Forefathers, and their Pedigree. 
 
 SECOKDLJ, he order'd, That as loon as they arriv'd in Rome they fhouid 
 prefent thefe Certificates to the Cenfbrs. 
 
 <T1IIRDL1, That thefe Officers Ihould immediately inquire of the Scholars 
 what ProfefTions they were to apply thcmfelves to, whether to the Roman or Grecian 
 Eloquence ; or if they would follow more profound Studies, fuch as Philofophy or 
 the Jurifprudencc. 
 
 ^ " Ammlan. Marcel, lib, j. 1 3 Phot, homil. 7. la Servum Centurlonls 
 
 ' * Mamcrtin. in grar. aft. pro Confulatu I quern Jominus Sonarlt. ' 
 
 ' * L I. C. deAdyocat, diver. Judic 
 
 FOUR^HLT,
 
 Book II. the K i x g d o m 0/ N A P L E S. 85 
 
 FO UK 7'HL 3", That the faid Officers fhould take Care to provide Lodgings for 
 the Students remote from Places of evil Fame. 
 
 FIFT'IILI., That they fhould take Notice of their Conduft, and prevent their 
 keeping bad Company, which is very dangerous for Youth. 
 
 SIX^HL T, ]\ilc)itimr.n inhibited the Scholars from too often frequenting pub- 
 lick Shews, b\ which he put a Stop to that Abule, which Aimiianus Mi'va/haus 
 complain'd of iieing introduc'd by the Youth, who fpcnt their Time in continual 
 I>u\ury, Amours, and publick Shews, which corrupted their Manners, and made 
 them neglecft their Studies. 
 
 S EVENT' HL1\ He likewife forbid their unfeafonable and frequent Feaftings, 
 at wiiich they ufed to fpend a great Par: of the Day and Night in gormandizing 
 and luxurious Difcourfes. 
 
 EIIGHT'IILJ., That thofe Students, who contrary to thefe Laws led a licentious 
 Life, and carry'd themfelves unworthily, fhould be fevertly punifh'd, by being 
 publickly beaten, and afterwards chaced out of the City, and lent to their Countries. 
 
 NiytHLT, He fix'd a Time for their Studies, making the twentieth Year of 
 their Age the Term of them, which in the Reign o( Dicclefura was the Twenty-fifth ; 
 and that they were to employ five Years in more ferious Studies : Such as the 
 Jurifprudencc in particular, which likewife our Jufiinian appointed. 
 
 I'EK'THLl., He ordain'd. That the Names of the Students (hould be written 
 in a Book every Month, what they were, and from whence they came, that ic 
 might be known how long they had been in Koine, as alfo what Time they had 
 ftudied, which we now call Mat-iculation or Enrolling. 
 
 ELEVEN'TlIL r, He ordered. That the faid College Book fhould be fent to 
 him every Year, that he might know what Students were enroll'd in it ; to the End, 
 that according to the Merit and Qualifications of every one, he might reward them, 
 and make Ufe of them in the Government of the Commonwealth. 
 
 SO much had that provident Prince at Heart the Education of Youth, and the 
 Reformation of that Academy, that having reftor'd it by thefe Laws, in the 
 fucceeding Years he order'd a great Number of Youth both from Africa and France^ 
 and other \\'eftern Provinces, to come to Kome to learn good Literature, and 
 the Civil Laws of that City, which on that account was call'd the Dwelling-Houfe 
 of the Laws. 
 
 THUS was the Ruin of the Jurifprudencc in the Academy repair'd by Valen- 
 t'lnian in the beft manner he could ; but the Havock made in the Courts and Tribu- 
 nals by the Judges and Advocates was moft lamentable. The Infufficiency of the 
 Magiftrates, and their rapacious Greedinefs and Ambition ; the Ignorance likewife 
 of the Advocates, and, moft of all, their Knavery and Tricks, had put all the Con- 
 flitutions of the Princes, and the Books of the Civilians in the utmoit Confufion 
 
 WHEN there was any Imperial Conftitution cited for deciding any Law-Plea, 
 the only Recourfe was to the Gregoric.n and Ilcnncgeman Codes, on which they 
 folelv depended ; for the refl there was nothing but Diforder and Confufion. Becaule 
 Coiidautim and his SucceflTors had publifli'd many Conflitutions of various Kinds, 
 belonging to different Provinces of the two Empires, and very often contrary to one 
 another, direded as Neccffity requir'd, to various Magiftrates ; o? which there was 
 no diftind: Knowledge, and many of them had been bury'd, until they were colleded 
 into one certain Volume by I'bcod'ifiHs the Tounger^ who likewife divided them ; 
 whence every-body cited that Conftitution which fcem'd to them moft favourable 
 for the gaining their Caufe '. 
 
 N O lels was the Confufion and Diforder of the Books of the fb famous and 
 rcnown'd Civilians. The Knowledge of them was very confus'd and uncertain : 
 Such Sentences as by the Pleadings in the Courts had acquir'd the Force of a Law, 
 and which the Judges were oblig'd to follow, had efcap'd their Memories, they 
 cited indifferently, and ofiren recited oppofite Rf/po///^ ; the Contrariety of which 
 was then fo great, that Jtiftiiiian with all his Might could not get rid of it 
 in his Colledion. To this Confufion, we may add another confiderable Difadvan- 
 tage, which was, that thefe Codes which were then made ufc of, (Printing not having 
 been found out as yet in Europe') by the Carelefiiefs of the Bookfellcrs and Anti- 
 quaries, were very Incorred, and full of Errors. 
 
 ' Am. Marcel, lib. ;o. page ^^\ 
 
 Bb FOR
 
 86 The Civil History of Book IL 
 
 FOR remcdyir.g fo many Difadvantagcs, which for a long Time had rcduc'd 
 tlie Juiilprudence to. that lamentable Condition, I'jleiitinicm III. appear'd in the 
 Weft, and T'heodofuis the Touugcr in the J'aft. It was thele Princes, who airhing at 
 the iame End, united in their J,aboin-j and Endeavours, each of them undertaking; 
 to cure for his own Part fnch grievous .Milchiefs : J''dle}itiuh'i'. employ 'd all his'l houghta 
 in remedying the Diforders which had enfu'd from the douhtfu! Authority of the 
 Conftitutions of the Princes, and the Variety of the Books of the Civilians ; I'hcodo- 
 fuis employ'd his on a more noble UndertaLing, in letting about the framing of a 
 new Code, and the re-eftablifhing of the Academy oi Confidutinople. 
 
 J^lLh'ST'ISIAX therefore in the Year 4.26. while he was in Ravaiih-:, 
 whither he had transfcrr'd the Seat of the Empire, ient to the Senate of Kowe a 
 long and prolix. Oration ; in which, among many other Things, he particularly 
 recommended the redtifving of tlufe Diibrdcrs : Part of w liich Oration \vc read iii 
 the T'l.'codr'jl.iji Code, under the Title dc Kcfponfis P-rndeutimi, and a Part of it in the 
 Jufthiian ', altho' it is not to be leeii there now, under the Title de Legibus. In 
 that Part which was in the Jv.Jtman Code there was a Ri Ic laid down, how to 
 know what Imperial Conftitutions and Rcfcripts fliould be read in Judgment, and 
 quoted in deciding of Law-Suits, and which of them ought to have Force and 
 Vigour with the Judges: What Lav.s ought equally to beobferv'd by all, as general 
 ones, excepting thofc Refcripts which were iiiu'd at the Requeft of private Perfons 
 on particular Occafions : That all the Refcripts of Princes, which were produc'd in 
 Judgment, were not to have the Force of Laws; nor thole, which, contrary to the 
 Intent of the Law, had been extorted by the Pleaders ; r.or thofe others in which 
 Subreption and Obreption were contain'd, all which he order'd tlie Judges to 
 rejecl '. 
 
 I N the other Part of his Oration which was appro\ed of by ^bcodoCuts, and 
 inferted in his Code, he takes particular Care, of the Books of the ancient Civilians 
 which in that Age, wanting all Method and Order, occafion'd great Confufion 
 
 FIRST of all he would have intire Credit given to the \\ritings of thefe five 
 Civilians, to wit, Puphuanus^ Paulas, Cyus, Ulpiamis, and Modcftintts j and that 
 they were to be quoted and read in Judgment, and to have Force and Authority 
 with the Judges in deciding of Caufes. II. That the Opinions and Treatiles of 
 Sccevola, Sabimis, Jiilianus, Marcellus, and of the other Civilians, who had been 
 inferted or extoll'd in the \\'orks of thefe Five, fhould ha\e the lame Force. 'I'h^ 
 A\ ritings of thefe ancient Civilians were ftill in being in the jiaft, and alfo in the 
 Kingdom of I'lrniloiife : In latter Times they were difpers'd amongft the Gotbs, as the 
 Interpreter tcftifies in that Conftitution ofT'irleiitrnJin:. Thev were prelerv'd in thtr 
 JLaft to the Reign of juftiniaii, who made ule of them in tlie Com.pofing his 
 Pandects. III. Fie gave Caution and a Rule after what manner the Judcres were 
 fecurely to make life of the Writings of thcle Civilians in deciding of Caufes and 
 how the Barriftcrs were to cite them, that is to fay, that thoie which had not been 
 mended, and were inrorredl, would be found corrected in the Codes ; for which 
 Corrtdions, not onl)- of theBooks of the Jurilpnalcnce, but of all other Profefiions, 
 it was the Cuftom of that Age, to choole the moft learned Men, and the moll 
 exadt Grammarians of the Times ; whole Care and Study was nothing clfe, but to 
 reduce to a perfcd Reading, by comparing with the exadeft and moil corred 
 Texts, the \\ ritings which were^ in the Hands of the Profeflbrs. As in like 
 manner for correding the Copies of Lhjy, and more efpecially the Holy Scriptures, 
 where Errors were moft pernicious, the moft knowing Men were employ'd. As Snidas 
 witnefleth of Li'.cian ; and Irnixus conjures his Bookfcller, per Dowiiium voftrum 
 Jefum Chrijium, & gloriofuui ejus advent irn/, qm jtidicatnnts eft 'vivos S mortuos, 
 'lit conferat poftqmai t/aiifcyipferit^ ci" emetidet ad exciuplc.;- wide dcfirip/Jr. A'pohiHs, 
 Hieronynitis, and Augujtwe had the lame Anxiets- who did not mind rich and coftly 
 Books, but all their Care was to have them exad and corred -'. So that in thole 
 Days, they were moft careful of that Work, as reckoning it of the greateft Impor- 
 tance J fince the Decifion ol many Controverfics in the Clnirc li, and an infinite 
 Number of Caufes in the Courts, depended upon it. 
 
 ' L. 2 & ^ C. dc Legibus. I ' Eulel'.hifl-. Feci. ). ;-. H'firr,. inir. Cliron. 
 
 ^ L. 7. C. dc Piicib. Imp. Oi^'erend. Lpen, \ 
 C. fi contra jus. 
 
 PESIDES-
 
 Book II. the K I N G D o .\i vf N A P L !• S. 87 
 
 B Ji S I D E S I jleiit/fiidii determin'd, as wu have ah^ady faid, that wljen different 
 )md oppofice Opinions, to thole of thel'c ancient 'and famous Civilians, were quoted 
 in the Court;., the gvcateil Number of the Authors was to rarry it- that is to lav, 
 tlieir Opinions were to be number'd, and not wcigh'd, by which the |uds»es were to 
 be determin'd, fi'om \vhich Jufitniau differed afterwards ; but if it happen'd that the 
 Number on both Sides was equal, he ordain'd, that tlie Side on which P.7/».';//.7« Avas, 
 ibould prcA-ail : ^\ hich rre-cmincnLC in Papivu-vi ought not to ieem I'trange, he 
 being reputed in all Ages the moft renowned of all others ^ fince in the limeof onr 
 Grandfathers, 'tis laid, that the lame rrerogati\ c was gnmted by Royal Decree in 
 Spiin: and Pc-rtngrl to Br.rtclits, if we may truft Jo. B-.iptiJhi de Gctzalupn, who 
 reports it '. Tliat of St. Jo. Cbryfofiom in his Interpretation of the Holy Scrip- 
 tures, was greater, fince by an ancient Culiom ii;troduc'd into the Eaftcrn Church, 
 his Intei-pretation was to be prcfcrr'd to that of all the other Fathers of th.e Church, 
 how difterent lbe\er they liiould be : And in the "Weft his Interpretations -were like- 
 wile oi great V.'eight, of wliich Hierov.yi/ins and Av.^vftine are famous ^^'itne^^e3. 
 Moreover l'i:hntin:i'.n ordain'd. That in cafe, both as to Authority and Number, 
 the Opinions quoted fhoukl be equal, then all was to be referr'd to'the prudent 
 Award of the Judge, wh.o was to weigh the Opinions in a juft Ballance by himlelf, 
 and to ftick to th?.t which he Ih.ould think moft juft and conform to Equity' 
 
 I.ASTLY, he refuted the Notes made by Ptiulvs and Ulpimius on the Works 
 oi Pcipiniivi their Mafter, an.d they were to be of no Auth.ority in the Courts: And 
 in thii likewile 'Juftvaian ai'terwards differ 'd, who did not altogether refute them, 
 but intermix'd many of them, and particularly thofe of Pjr.'///j, in his Digefts : 
 Neverthelels Vdlentraum ordain'd tliat the Opinions of Paidiis Ifiould alwavs be 
 regarded, and be of Authority and Force. And it was this Conftitution of \uilen- 
 tiiiiau, and fuch others as were publifli'd at that Time, that Jiifiiiiian meant, 
 when he faid, that it had been ordain'd, that the Opinions of the Civilians fhould 
 have fuch Authority, a-s that it lliould not be lav.'ful for the Judges to depart from 
 them, as we have already obferv'd in the Firft Book of this Hiliory. 
 
 SO provident was Vdhiitin'um III. that thele continual Diforders and Confufions 
 might be remov'd from the Courts of Juftice, which the little Knowlcds;e of 
 the Conftitutions of the Princes, and the Books of the Civilians, had occafion'd in 
 them ; whence the Jurifprudence in the Weft was reftor'd, as much as was polBble, 
 to fome Dignity and Renown. 
 
 ' Jo. Bjtr. dc Cazalup. de S Sevcrino in rraft. dc MoJo SruJ. in utroque jure, qui fubjefii;'; 
 eft Vocabu.'ariojuris, piig. 2)4. 
 
 SECT.!. 
 
 Of ihc J CJDE M T of C O N S T A K 1' 1 N O P L E. 
 
 BU T greater were the Endeavours of ^hcodofais the Titn/cre)-, for reftoring the 
 Jurifprudence in the Eaft : He began to repair it in the Academies twelve 
 Tears before he compiled his new Code. Coiijijiitine the Gre.it, from the Year 332, 
 in order to provide the City of Conjlanti)iople with \vhatlbe\'er was rare and excel- 
 lent, and to make it rival Koviw in every '1 hir<g, had apply'd himfelf with ^h■ght 
 and Main, to invite to it many ProfclTors of Literature. Conjiantiits, his Sow, 
 about the Year 354, adorn'd it with a famous I^ibrar)', for which 'T'hev::fiius runs 
 fo far out in his Praife. Valens, in the Year 372, increas'd it greatly, fo that for 
 keeping of it he had feven Antiquaries, four Gncnui and three Ldt:u, who were 
 to take Care to fet the Books in order, and repair thole that had been wbm with 
 Age, and he appointed other Servants bclidcs for looking after it. Neverthelels, 
 till the Reign of I'ljeridnfuis the Toiinjer.^ none thought of eftablifliing an Acadwrriy 
 in that City, that could be compared to that of Kcv.ie. It was Thcoiicftiis then, 
 who, in the Year 425, firft fettled an Academy there ; and he appointed the 
 Place for it, to be the Capitol in the eighth Region, ;it a Diftance from tlie Sea, 
 
 au
 
 gg The Civil History of Book 11. 
 
 an inland Pkce, adorn'd with many Portico's bulk on Purpofe, for which it was 
 call'd Capttolii Auditorium. And that it might abound in ProfeflTors and Scholars, 
 and maintain the fame Dignity and Grandeur which he intended to endow it with, 
 heorder'd the Profeirors not to teach in their Cells, but in the Auditoi-jaw, as was- 
 formerly pradlis'd in Rome. He appointed many ProfclTors for thi,-, Academy, 
 according to the Sciences that were to be icarn'd j and they aH amounted to the 
 Number of Thirty One. For the Roman Eloquence, three Orators and ten 
 Grammarians : For the Grecian Eloquence, five Sopbifia and aifo ten Grammarians ; 
 fb that there were Twenty Eight partly Grammarians and partly Orators and 
 Sopbifla, for inftrudting the Youth in thefe Sciences. Befides he eftablilh'd three, 
 for thoft who would imploy themfelves in more profound Studies, one for Phi- 
 lofophv, and two for the Jurilprudence, who were to teach the Civil Law '. In 
 the Reign of the fame Tbeodofuis, Leontius., a famous Civilian, explain'd the 
 Laws there, who was the firfl: among the Lawyers who had the Honour and 
 Rank of Count Palatine ; there were not wanting afterwards, other noted 
 Profeffors who made it famous and renown'd. In the Time of Jv.flinian^ ^beo- 
 phtltis and Cratmus profefs'd the Jurifprudence there, who, being call'd by him, 
 alTifted him in the Framing the Digelts -. Neither was the Concourfe of Youth 
 iels in this Academy for learning the Civil Law, than in that of Koine in the 
 Weft, or Berytis in the Eaft. And it was even greater, when Juftiman forbad 
 the Explaining of the Laws to all other Academies, fuch as that of Alexandria 
 and Cuefarea^ allowing it to none other, except, in the Eaft, to thofe ofBerytts and 
 Conftantinople, and in the .Weft to that of Kome. 
 
 ' L- un, C. 
 Conftant. 
 
 Th. de ProfefT. qui in Urbc 
 
 " L. 2. ^. qux omnia, C. de Ver. Jur. Emicl. 
 8c in Proocmio. 
 
 
 CHAP. VII. 
 
 Of the Cojijlitutions of the Trhices., out of nsjhkh the Theodofian 
 
 Code fwas Formed. 
 
 ' T did not fatisfy 5fbendoJiiis his having reftor'd the decaying Jurifpru- 
 dence in fuch a manner, and having fet it to rights again, after luch 
 a Method in the Academies ; There were befides very few, as T'beo- 
 dnfius himfelf fays ', ^li juris ci'vihs Scientia ditarentur, S foli- 
 ditatem 'verce Doitrince receperint. The immenfe Quantity of Books ', 
 and the great Bulk of fo many Imperial Conftitutions, difagrceing 
 among themfelves, kept them likewife in profound Obfcurity and Darknefs. T'ben- 
 dofius at laft was wholly intent on removing thofe Obfcurities ; for which end, he 
 fet about the Compofing of a new Code, rejefting the fb many time-fcr\ing Confti- 
 tutions of the Princes, iffu'd out according to the Occafion of the Times, the fb 
 many ufelefs ones clafhing one with another ^ he colleded into one \'olume thofe 
 only, which he believ'd were fufficient for whatever could occur in the Tribunals 
 for the deciding of Caufes. 
 
 IN the Year 438, as the moft prudent Gctifredus fufRcientlv proves, and not in 
 the Year 435, as Cironius fuppos'd, and others believ'd, being decci\''d by the 
 
 Novel 1. Theod.5 
 
 1 ' Eunap. in Vita /Edifii, pag. 71. 
 
 erroneous 
 I
 
 Bcx)k II. //^^ K I N G D o M 0/ N A P L E S. 89 
 
 erroneous Subscription of the Novella of "Tbeodofius ', this Code was compil'd and 
 publifh'd by this Prince : For the framing of which he chole eight notable and 
 noble Civilians, and, as he declares, of known Fidelity and famous for Learning, 
 and fuch, in fine, as were able to vie with the Ancients. The firft who had the 
 greateft Hand in it, was ylutiocbtis, formerly Prafeilus P. and Exconfal, of whom 
 We often find honourable mention in Marcellinus, Suidas^ and ^becdoretus. There was 
 Maximnits, Vir illujins, as I'beodofius himfelf calls him % Exqueflor nofin pahitti^ 
 etninens onini genere Literarum. There was Martiriits^ Vir Ilhijlris, Comes^ S J^xftor 
 noftrx Clenientix fide interpres. There were Sperantius, Apollodortis, and Theo- 
 doriis, Viri SpeHabiles^ Comites Sacri Noflri Confifiorii. There was Epbigenius, Vtr 
 Spedal'ilis, Comes, & Magtjler menwria ^ and laftly Procopius^ Vtr Speilaiilis, Comes 
 ex Maz^ifiro Lilelloruvi, jure cnmibus veteribus comparand! : All of them adorn'd 
 with the higheft Dignities, and moft expert in the Law Learning. 
 
 Their Employment in this Work was to colledl the Conftitutions of many Princes 
 which were hidden and buried in Oblcurity, and to unite them into one Body ; 
 and being collefted, to corredl and purge them of their Drofs and Errors : and, 
 laftly, with the greateft Brevity, to abridge them. 
 
 Without all doubt, the Number of the Conftitutions of Chriftian Princes, 
 which from Conjlautiue tbe Great down to thefe Times, had been diftus'd and fpread 
 abroad through both the Empires, was very great ; whence it was, that thefc 
 Compilers, even after they had curtail'd them, could not colleft and join them 
 together in lels than Sixteen Books. Foralmuch as if we confider the Number of 
 Years, there are no left than One Hundred and Twenty Six, from the Reign of 
 Conftauthie in 312, to the Year 438. If we confider the Number of Emperors 
 whofe Conft:itutions are colIed:ed in this Code, their Number is no lefs than Six- 
 teen J to wit, Cenftantific tbe Great, his three Sons Confiautine, Coufiantius, and 
 Couftausi Julian, Jovian, Vnlenthiian, Valcns, Gratian, Vaknlinian tbe Tounger^ 
 ^beodofius the Great, Arcadius, Honoriiis, I'beodofius tbe Touuger, Conftant'nis, and 
 Vaientitiian III. If we confider the various Sorts of Conftitutions, we find there 
 not only the Edidls, but likewile the various Refcripts, the many Epiftles direded 
 to Magiftrates, the Orations to the Senate, the Pragmaticks, tiie Ads and Decrees 
 made in the Princes Councils, and laftly the many Mandates direded to the Ke5fores 
 of Provinces, and other Officers. 
 
 CERTAINLY there was no Part either of Publick or Private Right but 
 what was transferred into this Code, as is manifeft from the Argument of its Books, 
 and the Number of the Titles. Of the Conftitutions of the Princes concerning 
 private Right, fuch as Contrads, Teftaments, Stipulations, Padions, Heritage, 
 and all other Things belonging thereto, five Books were compos'd. As for what 
 concern'd publick Right, nothing is wanting ; here are fet down the Fundions of 
 all Magiftrates, the Kotitia. of Dignities, and a Rule for Military Aftairs : The 
 Employments of the Officers arc appointed ; Criminal Accufations are fettled ; the 
 Laws of the Exchequer are declar'd ; the Annona and Tributes arc put in Order ; 
 Care is taken of the Common Good of the Cities, ProfciTors, Publick Shews, 
 Publick Works, Ornaments, and, in a word, nothing is omitted that could in the 
 leaft contribute to the Publick Peace and Tranquillity. Neither were the Laws con- 
 cerning the Church negleded, but a whole Book of the various Conftitutions be- 
 longing to it was compos'd, in which divers Ecclefiaftical Affairs concerning Reli- 
 gion are determin'd ; fo that there is no Part of Private, Publick, or Divine Right, 
 but what is comprehended in this Code. 
 
 THE Names of the Princes who pronoiinc'd them, the Place, the Time, the 
 Perfons to whom they were direded, are carefully fet down, that the Authors 
 might not be depriv'd of the Honour, and to fhun all Confulion and Difbrder. 
 
 NEVERTHELESS the Work did not prove fo exad and compleat, bu£ 
 that there are many Defeds and Errors in it ; of which the careful Gotifredus hath 
 made a longCatalogue ^, which we need not here recount ; but wc ought not topati 
 over in Silence that grievous one, not to be pardon'd in ^bcodofius a Chriftian 
 Prince, his having inferted in it many wicked Laws, quite contrary to his Religion , 
 whofe Purpofe was to have colleded only the Conftitucioi# of the Chnftisui 
 
 ' Cit. Novella I. I ' Gotifr. in Piolcgom. cap 2. 
 
 ' Ibid. 1 
 
 C c Princes,
 
 po The Civil History of Book II. 
 
 Princes, beginning with thofe of Conftautine the Great : For which Caufe Profpcrns 
 Aqv.it antus calls this Code, a Book in which the Laws of lawful Princes are col- 
 lefted, calling the Chriftian Princes only lawfnl, of whole Conftitutions it was 
 foltly compos'd. Befides, his Defign and End in compofing it was, That it might 
 lerve in the Courts of Jultice, and be quoted in daily Converfation, and, accord- 
 ing to its Laws, Matters might be determined, in a Time when the Chriftian 
 Religion was already fix'd in its Throne. How then can he be pardon'd, for 
 having foifted into it fo many Conftitutions of Julian the Apofiatc, quite contrary 
 to many of thofe of the Chriftian Princes, and more than that, to give him the 
 Title of Divas ^ How could he infert in it thele Conftitutions, which in his 
 Time had been branded with an evident Mark of Impiety and Superftition, as 
 the L.I. do Pa^anis of Conj}antine the Great, \n which the publick confulting the 
 jirufpices, is allow'd ; ^nd another of Vale;itii2ia?i the Elder, in which, befides theUle 
 of the Arti/'pic/na, the Profeflion of any Religion is allow'd ' i" Lawsaltho' tolerable, 
 when by cruel Neceflity they were pronounc'd by thole Princes, yet he ought 
 not to have put them in a Code, which was to be made ufe of in after Ages, 
 and when the Chriftian Religion had taken fo deep Root in the Hearts of Men. 
 Who can endure, that the L. 4. £5* 6. of 'Julian de Sepulchris V/olatis, lliould be in 
 it, which arc full of Superftition and Heathenilm ' Who can bear the L. nit. of 
 Valeutiniau the Tounger, plac'd under the Title de Fide Catholica, by which he 
 confirms the Conventicle of the Armiiiiajis ; he gave more Vigour and Force to 
 the peftilent Herefy of y'lriiis, than the Authors themlelvcs and their greateft 
 Abettoi's and Sticklers could have given ? Surely that Offence ought to have 
 affefted his Mind, by that generous, and at the fame time holy Refufal of 
 Benevoltis, who being firft Chancellor of the Emprels Jnjiiiia, who was the only 
 Promoter of this Law, would by no means fign it ; and was contented rather to 
 live privately at Hom^e on his Paternal Eftate, than to remain at Court in high 
 Eftccm, a Complice of fo unworthy a Deed. In the laft Place, who can bear 
 his having infertcd the Laws publilh'd by Arcadius, manifcftly againft the Catho- 
 licks, and againft Chryfvftoiii and his Johannifti ^ ? 
 
 THE Compilers of the Jiiftmian Code, did not demean themlelves after thar 
 manner, who rejedted all thefe Conftitutions, as we fliall Ihew, when we come 
 to fpeak of the Compofing of it, which was in the Sixth Century of Man's 
 Redemption. 
 
 ' L. I, ;, U 9. C. Th. (Ic Malefic Sc Math. | ^ L. i, 4, y, 6. C. Th. de his, qui Sup. Relig. 
 
 SECT. I. 
 
 0/ the VJc ivid Jtithorlty of this Code in ihe JVcJfy and in tbejc 
 
 oiti' 'Provinces. 
 
 "^ H E Iheodofuvi Code being then compil'd in the Year 438, and publilli'd by- 
 Authority, was quickly receiv'd, as well in the Jialt as the Weft. In the 
 Eaft it immediately had Force, bccaule no Iboner was it publilh'd by 'thcodofius, 
 its Author, than he let forth his Novella diredled to Florentius, Pr^fedus P. of 
 the Eaft, which bears the Title de 7'heodofiani Codicis yltithontate, by which he 
 declared, from that Time forth. That it Ihould not be Lawful for any Perfon 
 to make ufe of the Conftitutions of other Princes in the Courts of Juftice, buf 
 thofe w hich were contained in this Code ; charging them moreover, that by the 
 Means of publick Iklicls, they Ihould make known to all the People, and all the 
 Provinces, fuch his Prohibition, and to inform them of the Publication and the 
 Authority which h€ gave to that Volume. 
 
 I T had the fame good Luck in the Weft, altho' 7'heodoftus, who only govern'J 
 in the Eaft, could iiot give it the fame Authority in thefe Weftcrn Parts, as he 
 gave it in his own Empire j neverthdels, having before communicated his Defign 
 
 to 
 ■t
 
 ; there-tore it was no Iboiier rcceiv'd in the Eaft, than Vcleutiniaji gave 
 thority and Torce in the Weft. Befides, this Prince had before font to 
 
 his own Code on that 
 
 Book ir. z/?^ K I N G D o M 0/ N A P L E S. pi 
 
 they, by Concert, dircdcd all their A«aions to the 
 fame End 
 it ail Auti 
 
 3^bcodojitis, and th.ofe who Iv.id been chofen for the framing of this Code a 
 Regifter of all the Conftitutions publifh'd in the Weft, by the Princes his Prede- 
 ceflTors, who had reign'd there ' ; and, together with it, a Collection alfb of his 
 own Conftitiitions, which he had publifh\i through all the Year 425, whilft he 
 ibmetimcs rcfided in yiquileja, fometimes in Konic, and laftly in Kavemi^ whi- 
 ther he had remov'd his Seat ^ and among thele, likewile his famous Oration 
 which contributed much to the Defign of Tbeodofius^ by which he had repair'd 
 the Confufion occafion'd by fo many Conftitutions and Books of the Civilians 
 which Oration was inferted in this Code by 7'hecdojius^ that is to fay, that part of it 
 only which treats of the Books of the Civilians, thinking that the other part of 
 it, which treats of the Conftitutions of Princes, would be fuperfluous ^ foraf^ 
 much as he had been more exadl and minute in t" 
 Subjedl. 
 
 FOR which Reafon, VaUrahiim gave to this Code, the fame Sandion in the 
 Weft, as ^beodofias had given it in the Eaft ; altho' he made no fpecial Conftitu- 
 tion for that Purpofe, yet it is not to be doubted ; Since that ten Years after in 
 which Time 'T'beodo/Jus had publifli'd many others of his Noiellx^ and which were 
 publifti'd in another Volume apart, Valentiuian, by his exprefs No'vella % which 
 is amongft the I'hcodof.an^ confirm'd likewife thefe, adding this Reafon, Ut ficut 
 vterque Orbts ivdfvidiiis Ordinatlonibiis reditu;; tifdem quoque legihiis temperetur. 
 Befides the Refped and Obligations w hich Valentiuian ow'd to 'theodofius, were 
 always too great, having given him the Title of Aiigv.jius^ and afterwards became 
 his Son-in-law ; whence it was, that Vc.lenttnian us'd to call him Father, and 'tbeo- 
 dofius him, Son : Thus, in the lame Nwella, making mention of this Code as 
 already receiv'd in his Empire, with thefe Marks of Efteem he fpeaks of him - 
 Gloriojiffivnis Princ/pum Domnius 'Tbcodofais Clementix mece Pater, Leges a fe poft 
 Codicem Niminis fui Latas, nupe;- ad nos, /lent repetitis Coiiftitiitionibus caverat 
 profeqv.eute Sacra Prxceptlonc direxit. Such was the Veneration which Valentijiian 
 had for this Code, that in his No-vellx, which from time to time, down to the 
 Year 452, a little before his Death, he publifh'd, he often, in Confirmation of his 
 Edids, and to give them more Authority, made ufe of the Laws that were in- 
 serted in the I'beodof.an Code : So in the No'vella ^ 10. of the Year 451 and in 
 the Novella 12. dc Epifcopali Judicio of the Year 452, and in the other under 
 the Tit. de Ilouoratis, (Sc. 45, we fee, that he made ufe of the Laws of Honon 
 Arcadius, and Gratianns, which were inferted in this Code by I'beodofius. 
 
 BUT what will feemftrange, is, that this Code had much much more Succefs 
 in the Weft than in the Eaft ; fince in the Eaft it lafted only Ninety Years, that is to 
 fay, to the Time oijujiinian, who making himfelf Authorof a new Code, abolifh'd 
 and cancell'd this ; but in the Weft it had much better Fortune with thofe Nations 
 vi\\\c\-iyi&rc C3\\' A Barbarians : fince with the Oft rngotbs ii\ Italy, the ireftrogoths 
 in the Galline and Spain, and with the Biirgiindians, French, and Longobards it 
 was had in fuch Efteem and Honour, that conformable to the Laws contain'd in' it 
 they were pleas'd not only to govern the People whom they fubdued, but likewife 
 their own, as in the Progrcfs of this Hiftory in the following Books, we flwil treat 
 more particularly. And laftly in our Days, and thofe of our Grandfathers for the 
 Expofition and Clearing up of this Code, it was thought, that it defcrv'd'to have 
 the moft worthy and lublime Genius's who fiourifli'd in theic two laft Ages to 
 employ their Labours, when it rofe up again from under the long Darknefs in 
 which it had lain, by the Induftry of Jo. Sicardiis, who, in Doviat's Opinion * 
 was the firft who brought it to the Light of the World in Baftt, altho' very 
 much mangled and maimed : Afterwards being put into a better Form by Jobannes 
 T'/lliiis 5 at Pans in the Year 1 540, ( who from being Proto- Notary of the Par- 
 liament of Paris, and who had a Hand in forming the Proccls of the famous 
 Cafe of the Prince of Conde, was afterwards made Bifhop of Meatix ) the 
 
 rtas. 
 
 ' Rittcrfhut. in Jure Juftinian. in Proocm. 
 cap. ?. num. iz. Got. in Prolcj^om. 
 ' Novel. I J. 
 * Nov. 10. dc Confirmand. his qux Admin. 
 
 '^ Dov/ar. Hid. Jur. Civ. 
 
 ' Glicrard. Van Maftricli Hift. Juris Pontif. 
 
 num. 46. 
 
 Learning
 
 pi The Civil History of Book II. 
 
 Learning and Care likewife of the incomparable Cujacitis was tliought well beflow'd 
 on fo great a Work ; and laft of all, the moft laborious Jacobus Gotifredus ap- 
 plied his whole felf, and all his Knowledge and Exadnefs, in making Commen- 
 taries on it, which can never be lufficiently prais'd, as being the higheft Pitch of 
 the moft lublime Erudition, who dying loon after his long and obftinate Toil, 
 had not the Pleafure to furvive that incomparable Work, worthy of immortal and 
 eternal Remembrance. 
 
 SUCH were the Vici/Iitudes of the Kovim Jurifprudence from the Time of 
 Conftanttue the Great to the Reign of I'heodnfius the Totniger, and Valeuttaian III. 
 his CoU^ue. Thcfe were the Laws by which both the Empires were govern'd. 
 Thefe were the Books which were made ule of, from which the Laws were taken 
 and cited for determining Law-Suits in the Courts of Juftice, and teaching in 
 the Academies ; to wit, the Books of the Civilians PapinwMtts, Paulus, Cajus, 
 Ulpiaims, and Modejltntis, which were the chief: TheTreatifes oi Sce'vola^ Sahinus^ 
 Julianus^ Marcellas, with thofe of other famous Civilians taken from the Wri- 
 tings of the above-mcntion'd Fi\e, had all Authority and Force. The Notes 
 Paulns and Ulpiamis rtiade on the Book of Papiuiamis, were at that time rejed^ed 
 by Valentinian^ altho' afterwards receiv'd and admitted by Jujl'tnian ; but the Senfc 
 of Pnultis of all the others, was moft efteem'd, and of chieK Authority and Force. 
 
 O F the Conftitutions of the Princes, the two Codes, the Gregorian and the 
 Hermo^eiitan^ in which were contain'd the Laws of the Heathen Princes from 
 Adrian down to Dioclefian^ were in full Force, altho' they had been compiled for 
 private Study, by thele two Civilians, without publick CommilTion : The Confti- 
 tutions of the Princes coUeded there, were avowedly quoted in the Courts of 
 Juftice and Confutations : They were made ule of, as we have Ihewn in the firft 
 Book, by St. Augnjtinc ', he having cited a Conftitution of Antoninus regifter'd in 
 the Gregorian Code : The Author of the Collation of the Mofaical Laws with the 
 Koman\ made ufe of them, who, according to Gotifredus, flourifh'd towards the 
 End of the Sixth Century, in the Time of CaJJiodorus ; likewile the Author of 
 that ancient Conlultation, which we now read amongft thole of Citjncius, made 
 ufe of them : And afterwards alfo ^ribonianus and Papinianus, and other \\'ritcrs 
 of lower Times, took the Advantage of the Compend of them : And laftly, the 
 ^beodofian Code, with the Novella newly publilh'd by that Prince, and Valentinian 
 his Coilcgue, were of more Force and Authority. 
 
 THESE then were the Books, in which in that Age was contain'd all the 
 Civil Law of the Romans, by which the Tribunals, the Academies, the ProfelTors, 
 the Barifters, the Magiftratcs, and the Judges, were diredled in Judging, Writing, 
 and Teaching. Hitherto thele Pro^'inccs, which now make our Kingdom, had 
 never known any foreign Laws, Only the venerable Name of the Roman Laws 
 was underftood and reverenc'd, and according to the Didlates thereof, they were 
 govern'd and manag'd, until they were a-new infefted by thole fame Nations, 
 which in thole very Times had begun to difturb them ; and altho' they durft not 
 abufe the Roman Laws, but on the contrary honour 'd them, yet neverthelels, 
 amongft (o many Revolutions of Affairs, they could not remain intire and firm, 
 but were polluted, and feem'd to be on the Brink of Ruin, as Ihall be Ihewn in the 
 following Books of this Hiftory. 
 
 ' Aug. lib. a. ad Polknt. 
 
 CHAP.
 
 Book II. the Kingdom of N A P LE S. 
 
 93 
 
 CHAR vm. 
 
 Of the exterior Ecclejiajltcal ^oHty^ from the Reign of the 
 Emperor Conftancine the Great, to that of Valentinian III. 
 
 j F T E R Confiantine the Great had embrac'd the Chriftian Religion, 
 and fettled the Church at her eafe, (he was feen in greater outward 
 Splendor, and in a more ample and noble Hierarchy. The Bifhops, 
 who in thofe firft Three Ages, in the midft of Perfecutions, govern'd 
 the Churches in the Cities of the Empire ; now when that Religion 
 might be profels'd publickly by every Body, and that they begun to 
 ereft Temples and Altars for keeping up the Worfhip of it, were leen, according to 
 the Bignefs of the Cities in which they govern'd the Churches, difpos'd in various 
 and diiferent Degrees, and plac'd in greater Eminency. Whereupon the Titles of 
 Metropolitans, Primates, Exarchs or Patriarchs, anfwerable to thofe of the Secular 
 Magiftrates, and according to the Extent of the Provinces which they govern'd, 
 came in Fafliion. 
 
 P El'ER. de Marc a Archbifhop oi Paris ', CImftian Lupus Dodtor of LoiivaiHy 
 Emanuel Schclftrat a Divine of Antzverp^ Leo Allacius, and others, with a great 
 deal of riourifh, endeavour to maintain that the Dignity of iMetropolitan, as alfo 
 the Patriarchal, owe their Beginnings to the Apoftles, and were inflituted by 
 them. But Le-u^is Ell'ies Du Pin - an eminent Divine of Paris^ difproves their 
 Errors at large, by confuting the Arguments taken from the Archbifhop of Paris : 
 He demonftrates very ftrongly, and proves very clearly, that fuch Dignities were 
 neither inftituted by Chrifl nor his Apoftles ; but in thofe Times when Conftantine 
 gave Peace to the Church, they began to be inflituted: According to the Difpofition 
 of the Provinces of the Empire, and the State of the Metropolitan Cities of each of 
 them, this new Polity, and this new Hierarchy was introduc'd into the Church. 
 
 THE manner after which it was done, was fb natural and peculiar, that it would 
 have been ftrange if it had been done otherwifc. We have already obferved from 
 the Defcription of the Provinces of the Empire rfiade under Confiantine^ that the 
 Diocefes being made up of feveral Provinces, had fome chief City or Metropolis, on 
 which the reft of the fame Province depended ; to which, for Civil Matters and other 
 Affairs, as is ufual, all the People of the Province refbrted. The Church being 
 founded in the Empire, as Optatus Milcvitanus fays, and not the Empire in the 
 Church, fb foon therefore as fhe was in Peace, fhe took the fame Polity in Ecclefi- 
 aftical Matters i fhe adapted herfclf to the fame Difpofition of the Provinces, and to 
 the fame Conditions of the Cities which fhe found : So when any Bifhop was to be 
 Ordain'd or Depos'd, or any Divifion or Diforder happcn'd in the Church j when 
 any Bufinefs was to be advifed which concern'd the other Churches of the Province, 
 the Apoftles not being at Hand, to whom formerly they had recourfe in fuch Cafes, 
 there was a Neceflity of having recourfe to the Bifliop of the Metropolis, or chief 
 City of the Province. Thus by Cuftom and piece-meal did this Polity begin to be 
 introduc'd; whence the Difpofition of the Churches was made after the Model of 
 the Empire, and the Metropolitan Cities of the Empire became the Metropolitans 
 of the Church, and the Bifhops who prefided in them, acquir'd a Power over the 
 
 ' Marca. lib. 6. 
 4.. Nic Par. I. 
 Par. I. Difi'er. i. 
 
 dc CoBC cap. I. Lup. can. 
 
 Schclftrat. Antiq. illuftr. 
 
 cap. ^. arc. i. Leo. Allat. 
 
 de Eccl, Occi'l. ?>: Orient, confef. lib. i. cap. 2. 
 '■ Du Fin. lie Antii) Eccl. Dilcipl. Uifler. i, 
 §. 6. 
 
 D d whole
 
 n^ The Civil History 0/ Book II, 
 
 whole Provinces, as well of Ordaining or Depofingof the Bifliops of the lelTer Cities, 
 and of making up of their DifTentions, as of calling of S)nods, and over their other 
 neceflary Affairs ; but this Power was not ablblute, fincc without the Advice of the 
 Bifhops of the fame Province tl>ey could do nothing : This Cuftom was confirai'd in 
 the Fourth, and likewife in the following Centuries, by many Canons which were 
 made in fomc Councils ; whei>ce all the Church was difpoied and divided after the 
 Model of the Civil Polity. 
 
 THIS Divifion and Hierarchy of the Church, conformable to the Polity of the 
 Empire will appear more clear and diftindl, if we confider the Divifion of the Dio- 
 cefes and the Provinces, which we have dcfcrib'd in this Book under the Empire of 
 Conftant'me : There we (hall fee the Empire divided into four Parts, to wit, the 
 £^, JUyricum^ the Gallix^ and ItiUy, to the Government of which as many Mode- 
 rators were appointed. 
 
 The E J S T'. 
 
 THE Eaft was divided into five Diocefes, each of which comprehended feveral 
 Provinces, the Eafi, Egypt, y^/ia, Pontus, and 1'hracia. 
 
 THE Dioccfs of the £^?y^ had for its chief City, Head of all the reft, Antiocb \n 
 Syria ; whence it was very fit, that this City in the Ecclefiaftical Polity fhould be the 
 Head of all the reft ; and that the Bifhop who govern'd this See, fhould be advanc'd 
 likewife above all the other Bifhops of the Churches of all thofe Provinces of which 
 that Diocefs was compofed. There was yet another Prerogative to be added, which 
 was that St. Peter , the Chief of the Apoftles, founded the Church in Antioch, and 
 there firft preach'd the Gofpel, altho' he was pleas'd afterwards to remove his 
 Chair to Rome. 
 
 THE Provinces which made up the Diocels of the Eaft, were at firft no 
 \Tiore than Ten, to wit, Palejline, Syria, Phmnicia, Anibia, Cilicia, Jfauria, Mefo- 
 potciiila, Ofdrcsna, Euphrates, and Cyprus ; but afterwards their Number increas'd 
 to Fifteen ; becaufe Paleftine was divided into three Provinces, Syria into two, 
 Cilicia into two, and Phoenicia likewife into two. Now we fhall iee in each of thefe 
 Provinces their Metropolitans according to the Polity of the Empire. 
 
 PALESTINE, as it was at firft divided, own'd no other City for its Metropolis, 
 but Cxjarea ; whence its Bifhop acquir'd the Rights of Metropolitan over the other 
 Bifhops of the lefier Cities : And being afterwards divided into more Provinces, it had 
 in the one for Metropolis the City of Scytbopolis, and in the other that of Jerufalcm ^ 
 but altho' there were three Provinces made out of one, yet by this new Divifion, 
 and the Addition of two other Metropolitans, it did not derogate from the Rights 
 of Metropolitan of the Bifhop of Cxjarea. But the Bifhops of Scytbopal/s and Jeru- 
 fal£;4 continu'd, as they were formerly. Suffragans to the Metropolitan of Cxjarea : 
 And when the great Council was held in Nice, altho' there were many Honours and 
 Prerogatives alio w'd to the holy City of Jeriifakm, yet thefe Fathers would by no 
 means, on that account, leffen the Prerogatives of the Metropolitan of Cxfarea, 
 Metropoli propria diguitatc j'crvata, fays the fcventh Canon of that Council ; and for 
 no other Reafon, but that the Province of Palejiijie being but one, and Cxjarea its 
 ancient Metropolis j and that Bifhop being already poffeffed of all the Rights of 
 Metropolitan, it was not juft, that by that new Divifion he fhould lofe them, or 
 that they fhould be diminiih'd: Neither was it till long after that the Church of 
 "Jerufalem was adorn'd with the Patriarchal Dignity, as we fhall fee anon. 
 
 T H E other Province of this Diocefs was Syria, which had Autiocb for its Me- 
 tropolis, and likewife Head of all the Diocefs ; but afterwards it was divided into 
 two, and befidcs Autiocb, it acknowledg'd the other, which was Apaniea. 
 
 CI LI CI .1 was alfb divided into two Provinces ; it owifd likewife two Metropo- 
 lis's I'arfus and Anazarbus. 
 
 P UOEISACI A, as it was divided into two Provinces acknowledg'd likewife two 
 Metropolis's, ^yriis and Djiifajcns. There was alio in Pbauicia the City Berytis, 
 famous all the \\'orld over, as we ha\e fhcwn in the Firft Book, on account of the 
 famous Academy eredcd there. In the Reign of Tbendojius tbe Tomigcr, Eujiatius 
 Bifhop of that Citv, obtain'd a Rcfcript fi-om that Prince, by which Berytis was 
 advanc'd to be a Metropolis; for which Caufc Eujiatius, in a Council which was 
 then held at CouJJantiuople, asked, That his City being made a Metropolis, if in 
 
 confequence
 
 Book II. z/?^ K I M G D o M 0/ N A P L E S. 95 
 
 confequence of that, he ought to make a new Divifion of the Churches of that 
 Province, and if Ibme of thofe, which before bclong'd to the MetropoUtan of T'yre 
 were to be fubjed to his new MetropoHs ? Pbotius^ who was at that time Bifhop 
 o{7)te, difcovering the Inclinations ofT'/xnclo/rns, out of cruel Necefllty was oblig'd 
 to approve of the Divifion. But the Emperor Tbeodp/ius being dead, and fuccecded 
 in the Empire of the Eaft by J\Lntia>ii{s, the Bifhop P/^e///o- complain'd of the 
 W rong done him to the new Emperor, defiring, that thofc Churches which had 
 been taken from his City, their ancient Metropolis, might be reftor'd to it again. 
 3Lirttanusc2niicd theCale to be re-examin'd in the Council o( Cbakedonia ; and it ap- 
 pear 'd to thcfe Fathers, that fuch an Affair ought not to be decided accordino- to 
 the new Difpofition of Theodofais, and the new Conftitutions of Princes, but" ac- 
 cording to the Tenor of the ancient Canons : And having read in the Affemblv the 
 Canon of the Council of Avfc, by which it was ordain'd. That there (hould be' only 
 one Metropolitan in each Province, it was decided in favour of the Bifhop oi Tyre 
 and all the Churches of that Province were rell:or'd to his See ; (nice according to 
 the ancient Difpofition of the Provinces of the Diocels of the Eaft, Pbcemcia'v.ws 
 one Province, and acknowledg'd but one Metropolitan. 
 
 THUS when Bifhops intended to incroach upon the Rights of their Metropolitan, 
 they were wont to apply to the Emperors, and to obtain a Divifion of the Province, 
 that their City might be rais'd to be a Metropolis, in order to their appropriating to 
 themfelves the Rights of Metropolitan over thofe Churches which were taken from 
 the more ancient. Indeed the Emperor Valeus, out of Hatred to B^Jil^ divided 
 Cippadocia into two Parts, and by lb doing with the other Provinces, the Divifion 
 likewife of the Church folio w'd, as Nazanus teftifksj becaufe that in the fucceed- 
 ing Times the Rigour of the Council of Nice was notobftrv'd, which, we may fay, 
 was only obferv'd in the Cafe oi Pbotiiis Bifhop of 'fyre^ fmce afterwards as the 
 Cities were advanc'd by the Emperors to be Metropolis's, and the Provinces divided 
 generally the Ecclefiaftical Polity was likewife alter 'd ; as by the fame Council of 
 Cbaicedoma it was allow 'd in thefe Words of Can. 1 7. Shi autem etlcnn aliqiia Civttas ah 
 Iiaperatorht anthoritatc innovata ftterit Civiles^ i'T Publtcas formas^ Ecclefiajlicariim 
 quoque Parocbiarum ordo confequattir. Whence it came to pafs afterwards, that as 
 the Difpofition and Polity of the Empire were chang'd, in like manner lb many 
 Changes were feaw in the Ecclefiaftical State, as fhall be clearly fnewn in the 
 Courlc of this Hiflory. 
 
 AFTER the fame manner the other Provinces likewife of this Diocels of the 
 Eaft, fuch as Arabia^ Ifaiina^ Mefopotamia^ Oftroena, Euphrates and Cyprus, ac- 
 cording to the Difpofition and Polity of the Empire, acknowledg'd their Metropo- 
 litans, who were lb call'd, becaufe thty prefided in the Churches of the principal 
 Cities of the Provinces, and confequently they enjoy 'd Ibme Rights and Preroga- 
 tives, which the other Bifhops that were over the other Churches of the lefler Cities 
 of the Province had not. They ordain'd the Bifhops elected by the Churches of 
 the Province j they conven'd the Provincial Councils, and had the Superinten- 
 dency and Care, that the Faith and Dilcipline fhould be obferv'd in the Province, 
 which were the Rights and Privileges of the Metropolitans by which they were 
 diftinguifh'd from the other Bifhops : And thus, after the Council of A'rce, the 
 Title of Metropolitan was underftood by all the other Councils that fucceeded, and 
 all the Ecclefiaftical Writers of the fourth and fifth Centuries. 
 
 IT is likewife true, that there were fome Bifhops who had only the Title of 
 Metropolitan, and were lb calld for Honour's fake, not becaufe they had any of 
 thole Rights or Prerogatives: So the Bifliop of Nice obtain'd the Title of Metropo- 
 litan out of Honour only, and rook the Place of all the other Bifhops of that pro- 
 vince, but was ftill under the Metropolitan of Nicomcdia, whole Suffragan he was ; 
 fo likewife were the Bifhops of Cbalcedon and Berytts. And according to that Infti- 
 tution in our Time and in our Kingdom wc Ice many Bifhops, as tUrat^f Nazaret, of 
 Lanciauo and Kojfaiio, and in Sardinia, the Bifliop of Arloreufis or Oriftagiii, who 
 out of Honour enjoy the Title of Metropolitan, altho' they have no Province or 
 Suffragan Biiliop. 
 
 THE Title of Archbifhop is not of Power, as the Metropolitan, but only of 
 Dignity ; and at firft it was only given to the moft remarkable Bifhops, and bur very 
 fddom. Neither was it known in the three firft Ages, nor do we read of liich a 
 Title;' We begin to hear of it in the fourth Century, firft iii Athanafms, and after- 
 wards
 
 o6 The Civil History of Book 11. 
 
 ■wards in other Writers, and but feldom. In the fifth Century it was more ufed, 
 and it becran to be given to the Bifliops of Rome, to thole of Antioch, Alexandria^ 
 CouftiJiitinoplc, Jerufalem, Epbefus, and I'beffj.loHica. In the Sixth it was given like- 
 wiie to the Bifliops of ^yre and Apnmca, and fome others : S. Gregory the Greet 
 afterwards gave that Title to the Bifliops of Corinth, Ccigliari, and Ravenna ; and 
 in the eighth Century it was given to thefe and other renown'd Metropolitans, fuch 
 as Nicopolis, Solonc, Aquileja, Carthage and other Cities. But in latter Times, and 
 the Ages lefs diftant from us, all the Metropolitans aflTum'd that Title promifcuoufly ^ 
 thus it was given to fimple Bifliops, who were not Metropolitans : \\ hence it was, 
 that amon<^ the Greeks in the latter Times, there were more Archbifliops than Me- 
 tropolitans, becaufe it was cafy for fimple Bifliops to aflumc to themfelves that 
 fpecious Title, but not fo eafy to fubjed other Churches to them. And for the 
 lame Reafon it is that we fee many Archbifliops in our Kingdom without Suffra- 
 gans : Of which we ftiall treat more fully, when we come to difcourfe of the Eccle- 
 fiaftical Polity of thefe latter Times. 
 
 THUS we fee the Metropolitans of the Provinces of the Diocefs of the Eaft, 
 according to the Difpofition of the Metropolitan Cities of the Empire. Thus like- 
 wife we ftiall fee in that Diocefs its Exarch, or rather Patriarch, who was theBifliop 
 g( Aiitiocb, becaufe prefiding in that City which was Head of the whole Diocefs, 
 he prefided likewile over all the Metropolitans of thofe Provinces, of which that 
 Dioceib was compos'd j and had the Patriarchal Rights and Privileges, which were, 
 to ordain the Metropolitans, to call Diocefan Synods, and to have the Superinten- 
 dency and Care that the Faith and Difcipline fliould be kept up in the whole Diocefs. 
 At firfl they were properly call'd Exarchs, becaufe they were fet over the principal 
 Cities of the Diocefs, and had feveral Provinces under them : Whence, in the Canons 
 of the Council of C/jfi^/cerfow, on account of that Divifion of the Provinces and the 
 Diocefes, the Exarchs are diflinguifli'd from the Metropolitans : Thus Philalethes 
 Biftiop of Cuefarea, and 'tbeodorus Bifliop of Ephefus, were call'd Exarchs, becaufe 
 the Firft had under him the Diocefs of Pcntus, and the Second that of A/Ia. 'Tis 
 true, that this Title was fometimes given likewife to fimple Metropolitans j and the 
 Greeks in latter Times gave it profufely to many Metropolitans, fiich as to that of 
 Amira, Sardica, Nicomedta, Nicea, Chalcedon, Lanffa, and others. Neverthelefs 
 the proper Signification of the Word Exarcha, imports nothing elfe but a Bifliop 
 who prefided over the whole Diocefs, as the Metropolitan did over the Province. 
 Some of thefe Exarchs were likewife call'd Patriarchs, which Title, in procefs of 
 Time, was reflrided to five only in the Eafl:, amongfl: which that of Antiocb 
 was one. 
 
 THE Bounds of the Exarchate of Antioch did not extend further than the 
 Confines of the Diocefs of the Eaft ; fince the other neighbouring Provinces were 
 within the Limits of the other Dioceflfes, and belong'd to other Exarchs. So the 
 Diocefs of Egypt, as we fliall fee anon, was under the Exarch of Alexandria, and 
 the other Dioceffes of the Eaft, fuch as the Afian, the Pontick, and the 7'hracian ; 
 were not in that Exarchate ; fo that in the Council of Conftantinople, the Care of 
 thefe three Diocefes was committed to their proper Bifliops. Neither do we read, 
 that when the Bifliop of Conftantinople invaded thefe three Diocefes, and fubjedted 
 them to his Patriachate, as we fhall fliortly fee, that the Bifliop of Antiocb con- 
 tended for them as belonging to him. 
 
 THE fccond Diocefs was Egypt, which was under the Care of the Prxfeflus 
 Prectorio of the Eaft ; the principal City of this Diocefs was the famous and 
 renown'd Alexandria : Whence its Bifliop fo rais'd himfelf and his Church, that next 
 to that of Rome, it had the firft Place; befidcs another Prerogative it had, which 
 was, that St. Mark the Exwigelift was the firft Bifliop of that See. 
 
 THIS Diocefs at firft was divided only into three Provinces, Egypt ftridtly taken, 
 Lybia, and Pentapolis : Whence in the fixth Canon of the Council of Nice we read, 
 Antiqua coufuetudo fervctur per ^gyptum, Lybia m, S Pentapolim, ita tit Alexandriitiis 
 Epifcopt'.s horuni oniniiun haheat poteftatem. Lyhia was afterwards divided into two 
 Provinces, the Upper and the Lower ^ the Arcadian, the I'heban, and the Aiigiift am- 
 iiican were added : And lafth-, the Diocefs of Egypt was divided into ten Provinces, 
 by which as many Metropolitan Cities fprung up ; whence came ten Metropo- 
 litans, equal to the Number of Provinces. 'I'hefc were put under the Bifhop of Alex- 
 endria as their Exarch, and Head of the Diocefs, over which he cxercifed all the 
 
 Exarchal
 
 Book II. the fC i n g d o m of N A P L E S. 97 
 
 Exarchal Rights and Privileges. The Bounds of his Exarchate did not reach fur- 
 ther than the Diocefs of i;Vj/>^, which comprehended thele ten Provinces. Neither 
 did he ever concern himlelf with VV'eftern Africa^ as the mofl accurate Bit Pni 
 proves ' : Whence they were in a prodigious Error, whoreckon'd that all Africa^ as 
 a Third Fart of the World, had been lubjefted to the Patriarchate of Alexandria. 
 This Exarchate, as alfo t\\7iio^ Alexandria^ acquir'd afterwards the Title of Patri- 
 archate, and was one of the Five moft renown'd in the fifth and fixth Centuries, as 
 we fhall fhew anon. 
 
 THE third Diocefs fubjecled to the Vrxfe^ns P . of the Eaft, was AJ:a^ in 
 which one Pro\ince, ftridtly call'd A/Ja, was Procon{iilar ; and Epbefiis was the 
 Metropolis of this pro\ince, as alio Head of the whole Diocels. The other 
 Provinces, fuch as Paiiipbil/a, Ilclkfpoutiis, Lydia, Pifidia^ Lycaonia, Lyc/a^ C.';-/.", 
 and Ptryg/a, which was divided into two, the Pacatiata, and the Salatar.'s, were liib- 
 jed: to the Vtcariiis o( Afia, each of which had its Metropolitan ^ befidcs there was a 
 Metropolitan in the Ifland of Rhodes, and another in that of Leshos. 
 
 THE Af:an Diocels became one of the Antoccpbalae, as never having been lub- 
 jeft cither to the Patriarch of Alexandria, or that of Antioch. It acknowledg'd only 
 the Bifhop of Ephcfus as Primate, becaufe of his being plac'd in the principal City 
 over all the Diocefs ; on which account 1'beodo,-e Bifhop of Epbefus, was call'd 
 Exarch, as all the reft were who govern'd that Church ; lince their Power reach'd 
 not only over one Province, but over all the Diocefs of Afia. But thefe Exarchs 
 could never attain to the Title of Patriarch, becauie by Degrees the Patriarch of 
 Conjiantinople, not only reftridied their Power, but altogether fubjected this intire 
 Diocefs to his Patriarchate. 
 
 THE fourth was the Diocefs ofPonttts, the principal City of which was Cxfarea 
 in Cappadocia. At firft this Diocefs was only compos'd of fix Provinces, which were 
 Cappadocia, Galatia, Armenia, Pontus, Papblagonia, and Bytbinia; each of which 
 afterwards, except Bytbinia, was divided into Two ; and thus from Six, their 
 Number increas'd to Ele\en, which had as many Metropolitans. In this Diocefs 
 was the City of A7fe, which both in a Civil and Ecclefiaftical Scnfc, was by the 
 Emperors Valentinian and Valens rais'd to the Dignity of a Metropolis. The Bifhop 
 of Nicomedia oppos'd this Advancement, his being the Metropolitan City of that 
 Province, pretending. That it ought not to prejudge him in the Rights and Privi- 
 leges of his Metropolitan Churchy becaufe thefe Princes had granted that Preroga- 
 tive to Nice, not with a Defign to take away another Man's Rights; by which the 
 Metropolitan of Nicomedia prcferv'd the Privileges of his Church, and Nice enjoy'd 
 only the Honour and Title, but not the Rights and Privileges of a Metropolitan. 
 Over all which Metropolitans the Bifliop of dv/arca, which was the chief City of that 
 Diocefs, prefided. On which account he was likewife call'd Exarcb, as were thofe 
 of Ant iocb, Alexandria, and Epbefiis ; but he could not attain to the Honour of 
 Patriarchate as the tv. o Firft did, becaufe his Diocefs, with that of Afia, were after- 
 wards fubjefted to the Patriarchate of Conjiantinople. 
 
 THE fifth and laft Diocefs, which was commanded by the Prxfe£ius P. of the 
 Eaft, was Tbracia, the Head of v/hich was Hcraclea. It was made up of fix Pro- 
 vinces, Europa, 'Tbracia, Rbodope, Eminontiis, Mcfia, and Scythia ; each of which 
 had its own Aletropolitan ; But many and ftrange were the Alterations in this Diocefs 
 afterwards, as well in the Civil as Ecclefiaftical State. At firft it acknowledg'd the 
 Bifhop of Hcraclea for Exarch, as Head of the Diocefs, and who had the Bifhop of 
 Byzantiian for Suflfragan ; but after it pleafed Confiautine to aggrandize this City fo 
 much, having made it the Head of another Empire, he call'd it likewife after his 
 own Name, no more Byzantiuni, but Cojifiantincple ; the Bifhop of this City was 
 exalted above all the reft, keeping pace with thcPolity of the Empire, and not only 
 was not content with the Privileges of Metropolitan or Exarch, in fupprefiing that of 
 Hcraclea ; but being adorn'd with theHonour of Patriarch alfo, he pretended afterwards 
 to extend his Authority beyond the Bounds of his Patriarchate, and likewife to in- 
 croachupon the Provinces of the Patriarchate of Ro;iie, as fliall be fhcwn afterwards. 
 
 SUCH in fhort, in the Times fucceeding Cow7?..'n/^/w£', was the Polity of the Ec- 
 clefiaftical State in the Prsfedure of the Eaft, altogether conformable and adapted 
 to that of the Empire. 
 
 ' DuPln, de Antiq Ecd. difcJpl. DlfTer. i. 
 
 E e ILI.rRWUM.
 
 9 S The Civil History of Book IL 
 
 I L L Y R I C U M. 
 
 LET us take a View of the Ecclefiaftical Polity in thofe Diocefles which were 
 under the Go\-ernment of the PrxfeClus P. oflllyricnm, that is to fay, in Macedonia 
 and Dr.cia. The Diocefs oi Macedonia, which confifted of fix Provinces, to wit, 
 Achaia, Macedonia, Creta, I'hejJ'alia, Old Epirus, and New Epirus, had for its 
 chief City I'beffaly, whofe Bifhop, as Head of the Diocefs, govern'd the other 
 Provinces, and exercis'd his Exarchal Authority over their Metropolitans. The 
 Dioceis o( Dacia was made up of five Provinces, to wit, Dacia Meditenanea and 
 Kipcnfis, Mefia Prnm, Dardania, and Part of Macedonia Salutaris. Wefhallhave 
 a more proper Opportunity to treat of the Polity of thefe Dioceffes, when we come 
 to the Patriarchate o£ Kcme ; for what hath been related of the Polity of the Eccle- 
 fiaftical State of the Eaft, as to the Conformity it had with that of the Empire, may 
 fuffice : Let us return to the Weft, where w^e fhall ftop in Italy, and examine it 
 more narrowly in thefe our Provinces, that we may know what Innovations have 
 been, and what Changes it hath occafion'd to their Political and Temporal State. 
 
 The G J L L I ^. 
 
 BUT firft we muft obferve, what hath been taken Notice of by the moft nice 
 Searchers into Ecclefiaftical Matters, which is, that the Polity of the Church is more 
 exactly conformable to that of the Empire in the Eaft, and Illyricuvi, than in the 
 Weft, and in thcle our Provinces. There is Icarcely the fmalleft Difference of any 
 Moment to be obferv'd in the Eaft ;' but in the Weft there are many. In the Gallix 
 there are confidcrable, and likewife in Italy there are fome perceiv'd, but many more 
 in Weftern ylfrica, where the Ecclefiaftical Metropolis's agree in nothing with the 
 
 Civil. 
 
 THE Gallix, according to the above mention'd Defcription, which were under 
 the Command of this Prcefe^us, were divided into three Diocefles: Gallia, which 
 was made up of feventeen Provinces ; Spain of Seven, and Britain of Five. 
 
 there's no doubt but that at firft Gallia had its Churches difpos'd according 
 to the Difpofitioii of the Provinces of which the Diocefs was compos'd, fb that every 
 Ecclefiaftical Metropolis was conformable to the Civil ; and that in thele early Times 
 Gallia acknowledg'd no Primate or Exarch, as the Diocefles of the Eaft did, but the 
 Bifliops with their Metropolitans govern'd the Galilean Church. And the Realbn 
 was, becaule in Gallia there was not one City lb noted and eminent above all the 
 reft, on which they were to have a Dependance, as there were in other Parts of the 
 "World : But afterwards many of thole Cities contended for the Right of 
 Primacy. In the Province of Narbonne there was a great Difpute between the Bifhops 
 ofVicmie and Aries, of which Dii Pin ' treats at large. In Aquitaine, long after^ 
 another Difpute arofe between the Bifliops of Barges and Bonrdeaitx, which may 
 be feen in Alteferra -. In latter Times in the Weft, thefe Bilhops who were Metro- 
 politans of any of the moft noted Cities, claim'd many Prerogatives over the other 
 Metropolitans, and call'd thcmfelves Primates, altho' at firft that Title was indif- 
 ferently beftow'd on all Metropolitans: So \n France, the Metropolitan of Lyons \s 
 call'd Primate, and poflefles a great many more Prerogatives than the other 
 Metropolitans. 
 
 IN thole early Times Spain had Ibme Ecclefiaftical Polity according to that of 
 the Empire ; but afterwards the Political Government changing, all was chang'd. 
 vith it J and as one City, either on account of the Rcfidcnce of the Prince, or any 
 other Caule, was rais'd above the reft of feveral Provinces, fo the Bifliop of that 
 Church, not content with the Rights of Metropolitan, claim'd many Prerogatives 
 over the reft, and call'd himfelf Primate: Thus Spain has now for Primate the 
 Archbilhop of Toledo; and France the Archbifliop of Lyons. 
 
 ALTHO' Britain at firft had fome Ecclefiaftical Polity conformable to the 
 Civil of the Empire, yet being afterwards polfefs'd by the Saxons, it loft it altoge- 
 ther ; fo that there remain d no Veftige of the ancient Polity, neither in the Civil 
 nor Ecclefiaftick State. 
 
 ' Du Pin. loc. cir 1 * Altefer. rer. Aquitan. lib. 4. cap. 4. 
 
 I rA L r
 
 Book II. the Kingdom 0/ N A P L E S. 99 
 
 1 "T A L r. 
 
 WE have referv'd to this laft Place the Priefedture o? Italy ^ fince we are to flop 
 in it according to our Intention, in order to know more minutely the Ecclefiaftical 
 Polity of thcle our Provinces in thole Times. 
 
 UNDER the Praefedt oi Italy, as we have feen, there were three Diocefles, 
 niyriciiin, Africa, and Italy : It doth not belong to this Place to Ipeak of the firft 
 Two; butof/r.?/y, where we may fee the molf famous Patriarchate in the World 
 inftitutcd, it will be necefTary, that we difcourlc at large : What ought to be efteem'd 
 one of the greateft Honours of this Diocefs, is, that when all the other Patriarchates, 
 and that of Co/ijraiitinople itfelf, which alfo attempted to ufurp its Rights, are now 
 demolifh'd, the patriarchate of Kovie only {lands its Ground ; and has annex'd to it 
 the Prerogatives of the Chief and Head of all the Churches of the Catholick \Vorld, 
 and of all the Patriarchs that ever were : And our Italy and Kome can juftly boafl, 
 of being the principal Seat of Religion, as it was of Empire. 
 
 UNDER the Pr.?fe<5l of Italy, as we have laid, there were two Vicariates^ 
 the Vicariate oi Kome, and that of Italy. In the Vicariate of Rome, there were ten 
 Provinces. All the Four of which our Kingdom is compos'd, to wit, Cainpauia, 
 Puglta and Calabria, Liicania, and the Br i:tii : and Samuitim belong'd to the Vicariate 
 of that City : Hetruria and Uinhria were likewile comprehended in it; as alio Pice- 
 nmn Snbiirbicarium, Sicilia, Sardinia, Corfica and Valeria. 
 
 UNDER the Vicariate of Italy, whole Head was the City of Milan, there were 
 feven Pro\inces, to wit, Liguria, Emilia, Flaiiiinia, or Picenum Annonarium, 
 Venetia, to which afterwards Ijlria was added, the Alpes Cottix, and both the 
 KhcEtix. 
 
 THE Dlvifion of Italy into two Vicariates imports, That the Ecclefiaftical Polity 
 of Italy did not anfwer to that of the Eaft; fince it was not every Province of Italy 
 which had a Metropolis, that likewile had a Metropolitan, as in the Eaft, but the 
 Cities, as at firft had their fimple Bifhops ; and thole were not Suffragans to any 
 Metropolitan, but either to the Bifhop of Komc ov Milan : Thole of the Vicariate of 
 Rome to the Bifhop of that City, and thofe of the Vicariate of Italy to the Bifhop of 
 Milan '. 
 
 THE Provinces which belong'd to the Vicariate of the City of Kome, as Sirmun- 
 dtis very well proves ^, for that very Realbn were call'd Suburbicarian : Whence 
 the Suburbicarian Churches were thofe which were comprehended in the Vicariate 
 of Kome. Gctifredus and Salmafms are of another Opinion ; they confine the Subur- 
 bicarian Provinces and Churches to too narrow Bounds, and pretend that they ex- 
 tended a hundred Miles round Kome, and no further, and were under the Diredion 
 of the Praefecl of the City of Kome. Others have run into another Extremes, and 
 under the Name of Suburbicarian Provinces, undcrftood the univerlal Empire of 
 Kome, or at leaft all the W^eft, as Emanuel Schelfirat and Leo Allatius, with great 
 Flourifhes, have endcavour'd to prove '. 
 
 BUT Le-^is Du Pin "* could not approve of the Opinion of Sirniundus as right, 
 and rejedling the contrary Opinions of the other two ; upon ftrong and Iblid Grounds 
 he affirms, the Suburbicarian Provinces and Churches, to have been thole which 
 were under the Command of the Vicarins of Kome, and were comprehended in that 
 Vicariate. 
 
 FOR this Realbn it was, that fince the Polity of the Church kept pace with that 
 of the Empire, the Bifhop of Kome exercis'd the Prerogatives of Metropolitan over 
 all thofe Provinces. He could not properly be' calfd Esarcb, becaule the intire 
 Diocefs of Italy was not under his Diredlion ; thofe being call'd Exarcbs in the Eaft, 
 who had the Charge of intire DiocefiTes : But the Diocelfes of Italy being divided 
 into Vicariates, he could not extend his Authority further than his own Vicariate, 
 neither in Italy, nor out of it. For out of thele Sid'urbican Pro\inces, the 
 Metropolitans of each Province ordain'd all the Bifhops, and they themielves 
 were ordain'd by the Bifliop of the Province ' : And if it at any Time we read, that 
 the Koman Pontiff in thole Days convcn'd numerous Synods from all the Provinces 
 
 ' P. dc Marca, dc Cone. lib. i. c. 5. n^'"- •-• 
 * Sirmond. de Suburb. Region, lib. i. cap. 7. 
 ' Schelftr. Aiu. illuftr. Par. i. Did'. 2. cap ; 
 
 Leo Ailac de Occid. & Orient, conf. 1. i. c. 9. 
 ■• Du Pin loc.cic. 
 ' Cotofr. Topogr. 410. Ccd. Th- torn. 6. 
 
 of
 
 loo "The Civil H i s i o r y of Book 11. 
 
 of the Weft, it was not only by his Authority of Metropolitan, but by reafon of 
 the Primacy which he had over all the Churches ot the Catholick World ; which in 
 proceis of Time (thefe two Authorities being; jumbled together) extended the 
 Roman Patriarchate to what we ha\e fcen it fince, when not content with the Siibur- 
 licarian Provinces, he fubjcfted Jllyricuui, whither he fent his Vicarii : And foon 
 after he not only extended his Authority over all the Provinces of /r.'/v, but like- 
 wife over the Galltx and Spdin ; fo that he acquir'd the 1 itie of Patriarch of all the 
 \\'eft, as wc fhall lee anon. 
 
 BUT in the Reign of Ccnftmtine, and down to that o£ Valevthiic.n III. the 
 Power which he exercis'd by ulual Right, extended no further than o\'er the Siihur- 
 bicarhmVrox'mces ' : And therefore it likewife fell out, that theRo?;w;/Pontifl'cxer- 
 cifed his Authority over thefe Provinces, with greater and more full Power, than 
 the Exarchs of the Eaft did o\er the Provinces of their Diocels ; foralmuch as the 
 Ordination of Bifliops not only of the Metropolitan Cities, but likewife of all the 
 other Bifhops of thefe Provinces belong'd to him; \\ hereas in the Eaft, the Exarchs 
 left the Ordination of thefe Bifliops to their Metropolitans. 
 
 THE Title of Patriarch was given to the Esarcbs of the Eaft long before it was 
 j;iven to the Ronuvi Pontiff. If we regard the Antiquity of the Church, that Title 
 of Patriarch was at firft given in the Eaft as an Encomium, even to fimple Biftiops ': 
 Afterwards it was confin'd to the Exarchs who had the Charge of intire Dioceftes ; 
 for which Caulc, among the Greeks all the Exarchs got the Title of Patriarch. But 
 in the Weft among the Latins, the firft who was fo call'd, was the Roman Pontiff^ 
 and it was the Greeks themfelves who firft gave him that Encomium, but not before 
 the Reign of Valentinian III. At this Time Leo R. P. was by the Greeks and by 
 Martianui himfelf Emperor of the Eaft, call'd Patriarch ^ and neither the Latins 
 themfelves nor the Greeks gave him fuch a Title before, as the moft exa<5t Dis Pin 
 remarks : And Sirnniudv.s ' cannot bring Authorities againft Clat'.clms Sciunajhis on 
 that Subjecl, more ancient than the Emperors Auaftajitts and Jiiftinus, who had 
 call'd Orm'fda Bifliop of Rome Patriarch. 
 
 FOR which Realon we read not of any Metropolitan in our Provinces : And altho' 
 after Couftantnie, the Ecclefiaftical Hierarchy was in greater Splendor, yet the 
 Cities of our Provinces had only Biftiops, as at firft, acknowledging none other but 
 the Bilhop o£ Rome for their Metropolitan. Which did not happen to the Provinces 
 of the Eaft ; in which, as we have ftiewn, each Province had its Metropolitan, who 
 exercis'd the Rights of Metropolitan over the Biftiops of that Province: With us 
 the Polity was different ; for altho' the Province oi Campania had its Metropolitan 
 City, which was Capita^ its Bifhop did not on that Account pretend to any Supe- 
 riority over the other Bifliops of the fame Province, by making them his Suffragans : 
 And it is of much later Date, and properly in the Year 968, that the Church of Capua 
 was made a Metropolis, and that its Bifhop acquir'd the Rights of Metropolitan over 
 many Bifhops of that Province his Suffragans. Pti^lia likewife and Calabria did not 
 acknowledge their Metropolitans for a long Time after. And if it be not valid what 
 the Patriarch oiConftantmople did with refped to thefe Churches of that Province, to wit, 
 fiarijBrundu/inm^Otranto, Canofa, Parent am, S. Sevcrina, and other Cities of the fime, 
 their Claim will not be allow'd them until the following Centuries ; and Sipontum 
 was made a Metropolis later, by BenediSi IX. in the Year 1034. The fame is to be 
 obierv'd in the Provinces of Lucania and the Brntii, where Rhenium and Sakrmini, 
 according to the Polity of the Empire, were the Metropolitan Cities of the faid Pro- 
 vinces in thofe Times, and had only Bifhops; and R/jf^/«w had its Metropolitan 
 afterwards, by the Favour of the Patriarch of Conftantinople, as Salernmn had by 
 thit of Beuediil the Vth in the Year 984; and fo of the retf, which we fee now in 
 that Province. Samniim was much later made a Metropolis : Bencventum was ad- 
 vanc'd to that Honour in the Year 969, a Year after Capua ; and all the Metropo- 
 litans which we fee now in fiich great Numbers in all thefe our Provinces, have a 
 later Origin, which we fhall clearly make appear in the Courfe of this Hiflory. 
 
 IN the Reign of Conflantme, down to that of Valentinian III. ofwhichweare 
 now treating, the Churches of thefe our Provinces, as Suhurbicarice, had for Me- 
 tropolitan only the Pontiff of Rome ; to him only belong'd the Ordination of 
 Bifhops ' ; And w hen any City wanted a Bifhop, the Clergy and People eledcd a 
 
 ' Dii Pin. loc. cit (Wg. 59. I 5 Sirmond. dc Ecd. Subuib. lib 2. cap. 7. 
 
 ' Uu Pin, dc Aiitit]. liccl. difc. DllT. i. p. 10. ' * Uu Pin. Iqc cit. 
 
 Succcffor,
 
 Book ir. fZ;^ K I N G D o M 0/ N A P L E S. 101 
 
 Succeflbr, then they fent to acquaint the Roman Pontiff, that he might be ordain'd ' > 
 who frequently, either made the Eledt come to Rowe, or lent his Delagation to 
 others for ordaining him ; and it was afterwards introduc'd, that when there was 
 any Contefl: about the Eledlion, he decided it, or it was ended by Compromilc : 
 Which Cuftom we fee continu'd in the Time of Greg^ory the Great, concerning which, 
 there are yet remaining many Provifions in the Regifter of his Letters, which he 
 fcnt for the £le<5tion of the Bifhops of Capua, Naples, Cv.ma, and Mifeniis in Cam- 
 pania '■ ; and in Samuiim, of the Bifhops of the Apnitii. And in Sictly, as a Subur- 
 bicariau Province, we likewife fee the fame Authority excrcis'd by the Koman Pon* 
 tiffs in the Elcdtion of Bifhops, as is manifefl from the Letters of Leo and Grezpry 
 the Great ^ 
 
 SUCH in fhort, was the Ecclefiaflical Polity of thefe our Provinces in the fourth 
 and fifth Centuries: They had as at firft, only Bifhops, neither did they acknow- 
 ledge any Metropolitan over their Cities ; only the Roman Pontiffs excrcis'd the 
 Rights of Metropolitan over them, and had fpecial Regard and Concern for them. 
 For which Reafon, neither the y^naii nor Pelegian Herefies had ever any footing 
 in them "*. Neither had the Patriarchs of Coiijiatttiiwp/e commenc'd their Pretenfion 
 of liibjedfing thefe Provinces to their Patriarchate, as they attempted afterwards in 
 the Time of Leo Ijauricus, and of Pope Gregory II. and which they efFedted Ibme 
 time after; of which we fhall have occafion to difcourf'e in another Place. Nei- 
 ther was there any other Hierarchy known in thefe our Provinces to that Time, but 
 that of Deacons, Prielb, Bifhops, and Metropolitan, which was the Bifhop of Rome, 
 both Head and Chief of all the Churches of the Catholick World. Some have like- 
 wife mention'd at this Time, the Inflitution of Subdeacons, Acolyts, Exorcifls, 
 Readers, and Doorkeepers j as alfo other Miniffers, which have no manner of 
 relation to the Hierarchical Order, but only were intrufled with the Keeping and Care 
 of the Temporalites of the Church : Of whom we fhall have occafion to fpeak 
 elfewhere. 
 
 ' P. Caracc. de Sacr. Neap. Ecd. Mon. de 
 SeveroEp. 
 
 '■ Dc Capua EoifV. i ;. lib. 4. & Ep. 26. lib. 8. 
 deNeap. Epift. 40- lib. 8. & Epift. if. lib. 2. 
 de Cuma Epift. 9. lib. 2. de Mifen. Ep- 2j-. lib. 
 
 "J. de Aprur. Ep. i3- lib. 10. 
 
 ' Leo Ep. j6. ad Epifc. Siccl. Greg. Ep. i j. 
 lib. 5. 
 
 * Caracc. de Sacr. Eccl. Neap, monum. cap. 
 1. Sea. 4. 
 
 SECT. I. 
 
 Cf MONKS. 
 
 ALTHO' t\\t Solitarii had already been taken Notice of in theEaft, in their Lan« 
 guage call'd Monachi ; yet thefe were only Secular Men, without Character 
 or Degree, who for the mofl part led their Lives in the Solitudes and Defarts of 
 Egypt : As foon as Peace was given to the Church by the Emperor Conftautme, that 
 Virtue, which in the three firft preceding Ages was pradis'd in the Chriflian Socie- 
 ties in the Midff of Perfecutions, began to flacken ; and feeing there was no more 
 Danger in being a Chriflian, many made ProfefTion of being fuch, without being 
 well converted, or pcrfuaded of the Contempt of Pleafures, of Riches, or of the 
 Hope of Heaven. So they who were inclin'd to pradife a Chriflian Life in a greater 
 Purity, found it mofl fccure in feperating themfelves from the World, and living in 
 Solitude '. 
 
 THE firft Monks that we read of, were divided and diftinguifh'd into two 
 Orders, to wit, the Solitarii, and the Casnobita : The Firfl were alfb call'd Eremite, 
 Mouacht,Monazomx, andAnachoretcs. Some derive the Origin of Monacbtfm from the 
 'fherapeutie, who believ'd that there was a particular Society of Chriftians eftablifh'd 
 by St. Mark, in the Neighbourhood of Alexandria ; whofe Lives Philo dcicribes. 
 
 ' Fleury Coftum de Crift. cap- 41 . 
 
 V f 
 
 But
 
 101 
 
 The C 
 
 I V I L 
 
 H 
 
 I S T O R. Y 
 
 of 
 
 Book II. 
 
 But altho' Ettfchius believ'd that the J'berapeutue were Chriftians, and had afcrib'd 
 unto them the Name of Afcetx, ncvcrthelefs "tis very unlikely that they were re- 
 puted Chriftians, and Dilciples of St. Mark, fince altho' their Lives, as Pbilo de- 
 fcribcs them, approach'd very near to thofe of Chriftians, yet the many Things which 
 he adds concerning their Rites and Cuftoms, fuch as the Obfervation of the Sab- 
 bath, the Table on which they offer'd Bread, Salt, and Hyffbp, in Honour of the 
 Holy Table, which vvas within the Porch of the Temple, and a Thouland other 
 Cuftoms, which were no ways agreeable to thole of the ancient Chriftians, convince 
 us, and demonftrate, that they were Jews and not Chriftians. The Name of 
 Afcetcf, which Eujebius afcribes to them, ought not to make them pafs for Monks, 
 lince the Word Jfcetx is a general Term, which fignifies thofe who lead a Life 
 more Auftere and Religious than others ; therefore we cannot conclude, that he 
 believ'd the Afcetx v/ere Monks. 
 
 HOWEVER that may be, 'tis certain, that in the fourth Century thofe 
 Monks multiply'd in fuch a manner, that there was not a Province in the Eaft that 
 was not full of them. The Diocefs of the Eaft, of which Antwcb was the Head, 
 abounded with them. In Egypt their Number was infinite. In Africa and in Syria 
 they had them in Plenty. And in the Weft they had likewife penetrated within the 
 Limits of the Biftioprick oi Rome, our Campania, and the neighbouring Provinces, 
 as is clear from a Conftitution oiValentintan the Elder in the Year 370. directed to 
 Damaftis Biftiop oi Rome ' : Palladnis likewife reports \ that in thele our Pro\inces, 
 as well in Campania as the neighbouring Places, towards the End of the fourth Cen- 
 tury, many led Hermltical and Solitary IJves ; and P. Caracciolus ^ fays, that many 
 were fcen not only in Campania, but alio in Samnium and Lticania. 
 
 THESE liv'd Iblitarily and in the Delarts, and there led Lives altogether 
 devout, free from all worldly Care, and the Converfation of Men. 1 hey built 
 poor little Cells for their Habitations, and fpent the Day in Labour, in making of 
 Matts, Baskets, and other eafy Work ; and their Labour ferv'd not only for their 
 Suftenance, but likewife for Alms. The Heathens reckon'd their Life idle and 
 lazy ; for which they were bitterly calumniated by their Writers ^, accufing them of 
 defiling themfelves with filthy Luft, and abominable Vices. They had no certain Rules, 
 neither were they tied by any Vows: Their quiet Life drew many to the Woods, 
 fo that Abufes began foon to creep in ; becaufe many, for avoiding the Expenccs of 
 the Court, and other Charges of the Commonwealth, and in order to lead a Life 
 altogether idle, and to Ihun all other Obligation, under the feign'd Pretence of 
 Religion, left the Cities, and went to afTociate themfelves with the Solitarii ; fo that 
 it behov'd Valens to forbid thefe Retreats, and order them to return to the Cities, 
 to bear the Charges according to their Duty '. 
 
 BUT the Solitarit, not long after, degenerating from their Inftitution, too often 
 frequented the Cities, and meddled in Secular Affairs : There was neither Procefs be- 
 fore the Tribunals, nor Dealings, or any Bu unefs whatfbever on the Publick Market- 
 place, into which they did not thruft themfelves ; and their Boldnefs increafing 
 more and more, they were the Caufe of many Difbrdcrs and Tumults which often 
 happen'd in the Cities ^ of which we read many Inftances in Eiinapiiis *, Chryfoftome, 
 ftbeodorete, Zojimiis, Libanitis, Anibro/ius, Bafiliiis, IJidoriis, Pelufiota, Ilieronymus, 
 and others : So that the Judges, and the other Magiftrates, were oblig'd to have 
 recourfc to the Emperor Theodojius the Great, that he would be pleas'd to remedy 
 fo great Diforders which were fo pernicious to the Commonwealth : Upon which that 
 Prince put forth a Law, by which he ordain'd. That they fhould not leave their 
 Solitudes, nor ever come to the Cities; but before twenty Months were ended, the 
 lame 7'heodofius, out of Favour to the iame Solitarii, revok'dthat Law ^ 
 
 THEY had for their chief Standard-Bearer in T'bebais, Paul, on which account 
 he was call'd chief Hermite : In Palefttne, Hilarion ; and in the Dcfarts o( Egypt, 
 Hieronymus, who by fo living, defign'd to imitate Elias, and John the Fore-runner 
 oiChriJi, they render'd themfelves very famous and remarkable by their Aufterity. 
 
 * Eunap. and others, which may be feen, be. 
 fides others in Ainafa, 1. 26. C. dc Dccur. 1. 10. 
 
 ' L. 6. C. dc Decurion. lib. 10. tit. ;i. 
 
 " Eunap. /Edcf. p. 7S.Chryf0ft.0r. 17. ad Pop. 
 Theodor. lib. f. cap. 19. Zolini. lib. j. p. 800. 
 Liban. orat. Ambr. Epift. 29. 
 
 ' L- li- C. Th. de Monach Got. 
 
 THE 
 
 • L. 20. C. Th. 
 parat. in C. Th. 1. 
 
 de Epifc. Sc Cler. Got. in 
 I . de Monach. 
 Pall, ad Laudum. Sc Roma; &; in Campania, 
 6c in lis, qux funt circa eis partibus. 
 
 ' t. Caracclol. de Sacr. Eccl. Neap. Monum. 
 cap. J. k- f-
 
 Book II. ?/ji? K I N G D o M 0/ N A P L F. S. 105 
 
 THE others were call'd Canohitce, or Religious, bccaufe they had prefcrib'd 
 to themfelves certain Rules of Life, and liv'd in Common. Thefehave their Origin 
 from the LJfciii^ who were a Seel of the Jt -a* diltindl from the I'lHrapeutx, and 
 their Manner of Living differ'd much from that of the others; fo that thele led 
 a Life altogether Contemplative and very Devout, of which Philo ', in Eujebms^ gives 
 a long Account, delcribing it in every Thing like unto that of our Religious. 
 
 THEIR chief Leader in I'hcbais was yhithony. In Greece^ Bafil, who oblig'd 
 them to take three Vows, which we now call eflential to Religion ^ to wit. Obe- 
 dience for flibduing the Pride of the Mind ; Chaftity with regard to the Motions of 
 our Bodie-s ; and Poverty, by a total Abhorrence of the Goods of Fortune. 
 
 S. BENEDICT introduc'd it into Italy ^ and, properly fpeaking, into our Cam- 
 pania ; but that fell out in the fixth Century under the Reign oi Totila, of which in 
 the following Books we fliail have an Opportunity to difcourfe more at large, as of 
 a Plant that thro\ e too much in this our Soil, and extended its Branches, and fpread 
 its Buds into many remote Countries. 
 
 S. PACOMIUS compleated the Monaftick Order, by gathering together many 
 Monafteries into one; giving a Rule, and founding Monafteries for V'rgins, who 
 ttiade a Vow of Virginity, and after a certain Time receiv'd the Veil with Solem- 
 nity. Thus a Monaftick Life in both the Sexes being grown more common, Mona- 
 fteries were eftablifh'd, not only near to the great Cities, but likewile within them ; 
 in which Monafteries the Alonks liv'd in Solitude, in the midft of a Multitude, accord- 
 ing to their Rule, under the Diredion of an Abbot, or Arciyauandnte : And Mona- 
 chifm made its way from the Eaft to the Weft, about the End of the fourth 
 Century. 
 
 FROM thefe CoetiobitiB in the following Ages there fprouted an infinite Number 
 of other Orders under different Rules, which may be feen in Polydorc Virgil "^^ of 
 which we fhall give an Account in the Progrefs of this Hiftory. 
 
 S. AUGUSTINE, befides, introduc'd another Order into Africa: He was Au- 
 thor of the Canons Regular, having put his Priefts of the Church of Hippou into a 
 religious Life. He neither cali'd them Monks nor Religious, but Canons, that is 
 to lay, rdtrided to certain P.-ules, which made up partly a Clerical, and partly a 
 IVIonaftick Life ; and it was call'd an Apoftolick Life, with intent to renew the 
 common Life of the Apoftles: They were tied by the forefaid three Vows, and 
 were in a Cloifter K 
 
 AFTERWARDS the Mendicants ftarted up, who, to the other three Vows, 
 added a fourth of Begging, that is to fay, of living on Alms. Then follow'd the 
 Brother Knights, fuch as were thole of St. Jobn of Jenifalem, the Teutontcks, the 
 Templars, who were extirpated by C/e;w;/? the V th ; the Commendators oi S. An- 
 thony, the Knights Sword-Bearers of Cbrijl, of S. Lazarus, and others, all men- 
 tion'd by Pclyc'.ore Virgil ; who were call'd Brethren Knights, or Religious Knights, 
 to diftinguifh them from the Knights Laicks, who were Noble, of whom we Ihall 
 treat in the following Books of this Hiftory. 
 
 W E fliall give a Ihort Relation of the Times when thefe new Orders of Religious 
 appear'd ; Whence we fhall fee not without Aftonifhment, how in thefe our Pro- 
 vinces, in the Courfe of Time, they have been able to produce fo many and fo 
 various Orders, and to found fo many and magnificent Monafteries, that now they 
 poflefs the greateft Part of the Commonwealth, and our Subftance, making fuch a 
 confiderablc Body, that it has been able to change the Civil and Temporal State of 
 our Kingdom. 
 
 IN thefe Ages, from Confi amine down to Valentinian III. of which we arc treat- 
 ing, they occafion'd no Alteration in the Politick State ; for altho' many Solitariihad 
 already fix'd themfehes in the Bifhoprick of Koine, by the Favour of the forefaid 
 C(yr\^\i\xx.\on cii Valentinian the Elder ; and had likewiie penetrated .into thele our 
 Provinces, where, being confin'd to Iblitarv Places, they led their Lives ; yet they 
 created no Mifchicf or Trouble to the State, neither were they minded, nor 
 had in any Efteem, nor did the Ecclefiaftical Hierarchy fuffer any thing by 
 them. 
 
 ' Philo. in Eufeb. dc prepar. Evan. Loyfeau i ' Pol. Virg. lib. d. 
 des Ordrcs. I ' Loyfeau des Ordre"; 
 
 BEFORE
 
 1 04 The Civil History of Book 11^ 
 
 BEFORE St. Benedi^l, 'tis certain, that the Canohitx were very rare, and their 
 Monafteries as fcarce, and of no account ; for what is told of the Monaftery erected 
 in Naples by Severus Bifhop of that City, who flourilh'd in the Year 37^. under 
 the Name of S. Martin, the faid Saint being ftill alive ' j and of the other of 
 S. Gaudtofm, which they pretend was founded by S. Gandtofiis himfelf, Bifhop of 
 Bitbyuia, in the Year 438 ; who, to fliun the Perfecution of Gizericus King of 
 Africa, fled to Naples ' : Tho' it was built about the Year 770. by Stephen II. 
 Bifhop of that City ^ j and of fome others founded in other Cities of thefe our 
 Provinces carried back to thefe Times, is altogether fabulous and ill contriv'd, and 
 not worth confuting *. 
 
 " Chiocar. dc Epif. Neap. InSanfto Severo. I ' P. Carac. de Sacr. Eccl. Neap. Monum. do 
 ' Ugel. dcEpilc. Neap. torn. 6. pag.49. J S- Gaudiolb. 
 
 • '* Ugh. loc. cit. pag. 61 &i^^. 
 
 SECT. II. 
 
 7'h frjl Colkaton of CANONS. 
 
 TH E Regulations, which, by degrees, aittx Conftanthie had given Peace to 
 the Church, begun to be eftablifh'd by the Ecclefiaftical State ; altho' they 
 were always multiplying during the Space of an Age and a half, to the Reigns of 
 i'beodofms the Toiaiger and Valeutinian III. neverthelels gave no Jealoufy in thofe 
 Days to the Emperors ; forafmuch as at that Time it was never call'd in queftion, 
 and was a Thing a thoufand Times confefs'd, and never deny'd by the Ecclefia- 
 fticks thcmfelvis, that the Princes, by their Authority, and the Proteftion they 
 vouchfafed the Church, could laudably infpcft, and take care of the very Canonical 
 Difcipline, and correct what might be of Detriment, or bring Difbrder to the 
 State ; of which the whole Sixteenth Book of the ^heodofiau' Code, compil'd on 
 purpofe for the Benefit of the Perfons and Goods of the Ecclefiafticks, gives an 
 ample and clear Tcftimony. 
 
 O N the other hand, as we have faid in the firfl Book, the Power of making 
 Canons concerning Church Difcipline, belong'd to the Church, fhe having, by the 
 Piety of Conftautine, already acquir'd greater Splendor, and a more ample and 
 numerous Hierarchy, and confequently had the more need of new Regulations for 
 her good Government, and preventing Diforders, which Muliitude always occa- 
 fions : Therefore, befides the Books of the Old and New Teftaments, and fome 
 Canons eflablifh'd in divers Synods held in the firft three Centuries, there were 
 more afterwards formed in the more general Councils, which were held for that 
 End • for the Church being in Peace, by the Favour of Conjiantme, it was more 
 cafy, for many Churches united together, to communicate and treat on what 
 re^^arded the Difcipline ; fince, in all other external Affairs, the Ecclefiafticks 
 obey'd the Magiftrates, and oblcrv'd the Ci\il Laws. 
 
 FROM this Time, and no fooner, did Canons take their rife, of which 
 afterwards there were many Colledlions made ; for tho' fome have believ'd, that 
 from the very Infancy of Chriftianity there had been fome Regulations made by 
 the Apoftles, which even to this Day we fee collected to the Number of Eighty- 
 Five under the Title oi Canones Apofiolorum: Nevcrthelefs, neither the Opinion 
 of 'Turnanus ', who reckon'd them all to be the Work of the Apoflles ; nor that 
 of Barotitis and Bellarmim, who believ'd that only Fifty of thefe Canons were 
 Apoftolick, have been embrac'd by learned Criticks, who generally take them to 
 be a Collection of ancient Canons, and properly of the Canons made in the 
 Councils that met before that of Nice, and which, without entering into a Difpute, 
 may be feen in U'tlliam Bevcrige % Gabriel d' Auhcfpine, Leivis Du Piu, and others ^ 
 
 ' FraiK. Turrian. lib. fingularl adver. Mag- I ^ Culielm. Bevereg. Cod. Can. Ecc). Primlt. 
 
 (lebur. Centur. I vindicatus. 
 
 and 
 > 
 
 I
 
 Book II. the K i n.g d o m 0/ N A P L E S. 105 
 
 and, which is more remarkable. Pope Gelafuis declares them Apocryphal in Can. 
 SanfiaRotuana^ Dijf. 15. 
 
 THE fame is {aid of the Book of the Apoftolical Conftitutions, falfly attri- 
 buted to St. ClcMciit, oil Account of the great Authority of tliis holy Pope , 
 whether it was at firft forged under the Name of Clement, or afterwards may have 
 been corrupted by Hereticks, 'tis certain it carries no Authority with it in Alatters 
 of Religion, there having been divers Things added to it at different Times i for 
 altho' the intire Difcipline be laid down in it, at leaft of the Eaftern Church, yet 
 Men of the beft Judgment conclude, that it cannot be more ancient than the third 
 Century ' : And tho' we ought to believe, that before this Time there had been 
 divers Councils affembled by the Ecclefiafticks, according to the various Occur- 
 rences in the Purity of the Chriftian Dodtrine, and the Soundnefs of Dildpline, 
 as far as the Perfecution of the Heathens, which was in a manner continual, and 
 the Unhappincls of the Times, permitted them j neverthelels, the true Canons of 
 thofe are loft, and all the others fo much boafted of, are Apocryphal, and efpe- 
 cially the A<5ts of the Council of SinueJJ'a, by the Apoftacy of Pope Marcelltnus, 
 and the Decree, that the chief See cannot be judged by any Perfon, are certainly 
 Things altogether Apocryphal, which Baroniiis \ by the Authority of St. An- 
 guftine, demonftrates to be a Forgery of the Donatifts ; and Cironius ^ proves, That 
 the Accufation againft Marcelliniis was never true, whatever P. Caraccieliis * may 
 fay on the Subjeft. 
 
 FINALLY, as to the Epiftles of the chief Pontiffs, altho' fome of them be 
 as old as the firft and fecond Centuries ; neverthelefs, excepting two Letters of 
 St. Clement to the Corinthians, which are rather Afcetick than Decretal, 'tis now 
 the conftant Opinion of the moft diligent and accurate Criticks, I don't fay among 
 the Proteftants, fuch as Blondel and Salmafuis, but among the moft godly Catho- 
 licks, luch as ^homafin, P^gi, and others, that all the Decretals, which we read 
 as written by the Koman Pontiffs before Pope Siriacius, who died in the Year 398, 
 and which we find colledted by Ifidore Mercator, who appear 'd in the World to- 
 wards the End of the Reign of Charles the Great, are truly fpurious and forg'd, 
 and contriv'd by that Impoftor to pleafe himfelf ; De bac Jfidori Lnpfiura, ^y$ 
 SThomaJinus % inter do^os jam con'venit. 
 
 THE firft Canons then, whence fb many Collections began, are thole which we 
 find of the Councils of the fourth Century. The firft Councils among the Oecu- 
 menical, were that of Nice in Bythinia, aflembled by the Order of Confiantine in 
 the Year 325, and that of Conjlantinople by the Command of 'itheodofius the Great, 
 in the Year 381. The moft ancient of the Provincial Councils (altho' the Chro- 
 nologers fix the Epocha of them varioufly, not being able to point out the Year 
 with any CertaintjO were that of Gangra in Paphlagonia, of Neocxfarea in Pontus, 
 of Ancyra in Galatia, of Antiocb in Syria, and of Laodicea in Phrygia, befides a 
 great many others held in Africa, in Spain, and elfcwhere, lefs famous. 
 
 AFTER this Time, to wit, towards the End of the fourth Century, about 
 the Year 385, the firft Colledlion of Canons was publifh'd by the Labour of a 
 certain Bifhop of Ephefv.s nam'd Stephen, as Peter de Marco. ", on the Faith of 
 Cbrtjiophaniis Juflellus, attefts. In it are contain'd a Hundred and Sixty Five 
 Canons taken from thcfe Seven Councils, two General and five Provincial of the 
 Eaftern Church lately mention'd, to wit, twenty firom the Council of Ntce, 
 twenty-four from that of Ancyra, fourteen from that of Ncocxfarea, twenty from 
 that of Gangra, twenty-five from that of Antioch, fifty-nine from that of Laodicea, 
 and three from that of Conjlantinople '. And 'tis to be obierv'd, that the firft 
 Canons concerning the Ecclcfiaftick Polity and Difcipline, were eftablifh'd in the 
 Council of Ancyra, which was celebrated in the Year 314 ^ fince in the other more 
 ancient Councils, there was nothing treated of but Matters concerning the Tenets 
 and Doctrine of the Church. Whether that Colltdion had been 'made by Stephen 
 
 Baron, ad A. ;2. §. 17. Bellarm de Script. 
 Eccl. in Ckmcn. Perron, in Rcplic ad Reg. 
 Britan. cap. 24. 
 
 '■ Baron, ad An.;o2. Pag. ad An. 504. Num. 
 12. S. Aiiguft. contra Petilian. cap, 16. 
 
 ^ Ciron. 4. obf. f. 
 
 * P. Carac. de Sacr. Eccl. Neap. Men. cap. z. 
 feft. ;. 
 
 ' Thomaf. de Vet. Eccl. Difc. par. 2. lib. i. 
 cap. 9. num. 10. 
 
 * Marca, lib. ^. dc Concor. cap. j. 
 
 ' Doviat. Hift. du droi:. Canon, par. i. c. 6. 
 
 Gg 
 
 for
 
 io6 ^he Civil History of Book II. 
 
 for his own Diverfion, or by the Authority of any Council of the Eaft, cannot be 
 certainly detcrmin'd : However 'tis certain, that it was {o much applauded, and fb 
 univerlally receiv'd, that the Council of Chalcedon referr'd to it, and order'd, 
 that the Canons fhould be read from it, approving of it in thefe Words -, Kegtilas 
 a Saudis Patrihus in mtaqnaque Synodo ufque miuc prolatas teneri Stattihmis '. And 
 becaufe thefe Canons were all written in Greek, there was a Latin Tranflation of it 
 made for the Ufe of the Weftern Churches, the Author of which is uncertain. 
 Neither did the Roman Church, nor the Churches of thefe our Provinces make 
 ufe of any other Collection, but of this fo tranflated, till the fixth Century, that 
 the Colledlion of Dionyfius Exigiw.s appear'd ; and the Gallican and German 
 Churches continu'd to make ufe" of it to the ninth Century : it had for Title, 
 according to Jiiftelliis ; Codex Canonum EcclefiX Univerfix i and, according to 
 Fhrens, this other, Colle^io Canonmn Orientalium. 
 
 NEVERTHELESS, in Procefs of Time, in a fecond Colled:ion or Addi- 
 tion the Author of which Doviat • believes to be the fame Birtiop Stephen, made 
 after the Year 451, there were added all the Seven Canons of the firft Council of 
 Covftantinople, of which there were only three in the firft eight Canons of the 
 Council of Epbeftis, and twenty-nine of that of Chalcedon, all of them general ; 
 fo that all this Collection was compos'd of two hundred and fix Canons. Some 
 time after, the Canons of the Council of Sardica were added, and fifty of the 
 eighty-nine Canons which are called Apoftolical, and fixty-eight Canons of 
 St. Bafil ; and the Author of this new Addition or Colledion, Do-viat ^ believes 
 to have been 'fheodoret Bifhop of Cyrhus. It is then manifeft, that to the Reign of 
 Valentinian III. neither the Eaftern nor Weftern Church knew any other Regu- 
 lations, but thofe which were collected into this Code. 
 
 AND 'tis worthy of Oblervation, that the Church, to this time, had no 
 judicial Power and Jurifdidtion, thofe Regulations being only obligatory by the 
 meer Dint of Religion, not by coercive Power ; neither were Tranfgreffors 
 punifli'd with Temporal Punilhments, but with Cenfures and other Spiritual 
 Chaftifements, which the Church could impofe : Whence it was, that the Fathers 
 of the Church, when they had finifh'd a^ Council, wherein many Canons had 
 been eftablifh'd, in order to their being obferv'd by every body, being doubtful, 
 that by the Circumftances of thefe troublefome and feditious Times, which were 
 full of Factions, and particularly amongft the Ecclefiafticks themfelves, who often, 
 notwithftanding the Decifions of the Council, would continue obftinate in their 
 Errors, were ufed to have recourfc to the Emperors, by whofe Authority the 
 general Council had beeii call'd. That they would be pleas 'd to Ratify what had 
 been eftablifli'd in the Council, and to command that it fhould be obferv'd by all. 
 Thus, fays Eufcbius *, did the Fathers of the Council of Nice, who obtain'd the 
 Confirmation of their Decrees from Conftantine the Great. And the Fathers of the 
 firft Council of Conftantinople, had recourfe to the Emperor ^beodofius the Great^ 
 for confirming the Canons of it '. And the Emperor Marttanus publifti'd an Edid, 
 by w hich he confirm'd all that had been done in the Council of Chalcedon, with its 
 Canons *': and, generally, all the other Emperors, when they would have them 
 to be effectually obferv'd, ufed, by IVIeans of their Conftitutions, to command 
 that they fhould be obferv'd, and gave them the Force of Laws, by inferting them 
 in their Conftitutions, and publifhing them with their Laws, which is clear from 
 the Theodofian Code, from the Collection of Joannes Scholafticus, from the Nomo- 
 caiions of Photius, and from what the other Princes of the Eaft, and Jtifttnian the 
 Emperor order d concerning them, which will be b.;tter known when we come to 
 treat of the ACtions of this Prince. 
 
 ' Cone ChakeJ. Can. i. | * Eufeb. in Vita Conftanc. lib. :;. cap. 18. 
 
 ^ Doviat. loc. cit. cap. 7. j ' Epift. Synodici. Socrac. Hift. Eccl. 8. 
 
 5 Ibid. cap. 8. I * Juftcl. in Practac ad Cod. Can. Eccl. Afric. 
 
 SECT.
 
 Book II. z/:;^ K I M G D o M 0/ N A P L E S. 107 
 
 SECT. III. 
 
 of the CogfiizatJce of CAUSES. 
 
 TH E Ecclcfiaftical State then, altho' it had been fettled in fuch Splendor by 
 Conjiantinc^ and had acquir'd a moft excellent external Polity, and had increas'd 
 its Regulations, yet, neverthelefs, in thofe Days, and down to the Reign of 
 Jufimian the Emperor, it had not gone beyond the Bounds of its Spiritual Power, 
 in what concern'd the Cognizance of Caufes : It was yet confin'd to the Cognizance 
 of the Affairs of Religion and Faith, wherein it judg'd by way of Polity ; of the 
 Reformation of Manners, wherein it determin'd by way of Cenfurc ; and of the 
 Differences amongft Chriftians, wherein it decided in form of Arbitration and 
 charitable Reconciliation. 
 
 THE Church had not yet acquir'd Jufiitia Contentiofa, nor JurifHiftion, neither 
 had fhe a Court of Juftice, nor Territories in the Manner and with the Power fhe 
 poflefTes them at this Time over all Cbriftendom ; fmce thefe depend not upon the 
 Keys, neither are they properly of Divine Right, but rather of Human and 
 Poiitive, proceeding chiefly from the Conceffions or PermifHons of Temporal 
 Princes, as we fhall fhew clearly in the Progrels of this Hiftory. 
 
 THERE is a great Difference betwixt the Keys and the Sword, as alio be- 
 twixt the Ke\s of Heaven, and Law Pleas which belong to Magiftrates : And 
 Divines are agreed, that the Delivery of the Keys, and the Power of Binding and 
 Loofing given by Chrift Jefus our Lord to his Apoftles, import only the Conferring 
 of the Sacraments, and the moft important Effedl of Excommunication, w hich is 
 the only Penalty the Ecclefiafticks can as yet impofe on themfelves and the Laicks, 
 befides injoining of Penance ; but all that depends on penitential Juftice, if we 
 may ib term it, and not purely on litigious ' ; or rather on Cenfure and Corredlion, 
 than on ablolute JurifHidtion. The Sword implies a precife and formal Conftraint, 
 which depends properly on the Temporal Power of the Princes of the Earth, 
 ■who, as St. Paul {ays, carry the Sword for Punifhing the Wicked, and the Security 
 of the Good. And really our Souls, over which the Ecclefiaftical Power properly 
 extends, are not capable of a precife Conftrainr, but only of being ftirred up, 
 which is properly Perfuafion : Whence it is, that all the Fathers of the Church, 
 Chryfofiom % LaSiantms, Caffiodoriis, Bernardits, and others, loudly protefted. 
 That the Power had not been given to them of hindering Men from committing 
 Faults by the Authority of Decrees ; Non eft nobis data talis foteftas, ut autbo- 
 ritate Seiitentia cohibeamus homines a deliflis, fays St. Chryfoftom » j all their Power 
 confiltcd only in exhorting, perfuading, and praying, but not in commanding. 
 For which Caufe it was thought neceffary, that likewile the Princes of the World 
 ihould exercife their Power in the Church, that what the Priefts could not perform 
 by their Sermons and Exhortations, the Secular Power might do by Terror and 
 Force •*. 
 
 'T I S in the Hands of the Princes of the Earth then that God has intrufted 
 Juftice ; Dens judictum fmini P-egi dedit, fays the Pfalmift : and the People of 
 Jfrael asking a King from God, faid, Confiitue nobts Kez^eni, qm judicet nos, ficut 
 cxterce Nationes habent. And when God gave to King Solomon the Choice of what 
 he would have, he ask'd. Cor intelligens, ut Popiiluiu fiiuni judicare fojfet ; a 
 Demand which was acceptable to God : Whence St. Hieronymtis fays, that Kegwit 
 popriitm Offictiini eft faccre judicium iB juftitiantK In fhort, in all the Sacred 
 Hiftory, Juftice is always attributed to Kings, and never to Priefts, at leaft as 
 
 Cap. cuQi non ab homine, Extr. dcjudic 
 '■ ChryfolV. i. Timor. :;9. tir. 17. Laftant. 
 lib. /. cap. 12. Cafliod. lib 2. Epift. 17. 
 Bernar. Ser. 66. in Cantic. 
 
 ' Chryfoft. de Confid. lib. i. 
 * Can. Principes 25. qu. f. Can. inter, ^j. 
 qu. 2. 
 
 ' Can. Rcgum 23 qu f 
 
 Eriefts :
 
 . 8 The Civil History 0/ Book II. 
 
 priefts : Our Saviour himfelf being intreated by a certain Man to make a Divifion 
 of an Inheritance betwixt him and his Brother, anfwer'd ; Homo quis jiie conf.ituit 
 judicem, aiit divifore?// fnper njos " ? And as to the Apoftles, St. Bernard Epifi. ad 
 Btio'en. fays, Stefiffe Apofiolos lego jiidtcjiidos, judtc antes fediffe non lego. Neither 
 had Priefts, in theie firft three Ages, that ample litigious Jurifdidion which they 
 have at prefent, excepting the three above-mention'd Cognizances, as we have 
 {liewn in the firft Book. 
 
 A S little had they it in the fourth and fifth Centuries ; forafmuch as altho' the 
 Empire was govern'd by Chrifliian Emperors, txepting only in Ecclefiaftical Caules, 
 the Priefts thcmfelves were judged by the Secular Magiftrates ^, as well in 
 Civil as Criminal Caufes, and were look'd upon likewife as Members of the 
 Civil Societ)' ; and no Immunity was allow'd them, or any Exemption what- 
 fover, neither by Divine Right, nor, to this Day, by the Laws of any Prince ; 
 confequently they ought to be judged by the Secular Magiftrates in Secular Caufes. 
 And indeed the Bifhops, accufing one another in the Council of Nice, carried 
 their Accufations before Conftantim, that he might judge them ; altho' that 
 Prince was pleas'd, for ending all Difputes, to throw them all in the Fire. Cou- 
 fianttue himfeif judged the Caule of Cecilian^ and Athanafais being accus'd of the 
 Crime of High Treafon, was by his Sentence condemn'd to Banifhment. Con- 
 ftantius, his Son, order'd, that the Caufe of Stephen Bifhop of Antiocb, fhould 
 be tried in his Palace ' ; and being convided, was, by his Order, depos'd by the 
 Bifhops. Valentinian condemn'd Croriopius, a Bifhop, in a Fine, and banifh'd 
 Urficmus and his Affdciates, as Difturbers of the publick Tranquillity ^ Prifcil- 
 laatis and Inftantius were condemn'd for their Crimes and Oblcenities bv the 
 Secular Judges, as Severiis teftifies. The Secular Magiftrates likewife judg'd in 
 the Caules of Fai/ix Apttingitanns, of Ceciliamis, and of the Donatijis ' : And the 
 Bifhops of Italy had recourie to Gratian and Valentinian, intreating they would be 
 pleas'd to judge Damafus whom they accufed. 
 
 NEITHER was there any Alteration in Civil Caufes in thefe Centuries ; it 
 being evident, that when the contending Parties were not willing to acquiefce to 
 the judgment of the Bifhops, who were wont to be rcquir'd as Arbitrators to 
 make up Matters, but would, by all means, plead and have a pofitive Sentence, 
 they were to have recourfe to the Re^ores of the Provinces, and other Secular 
 Magiftrates, and to inform them of the Awards, and fet forth their Cafes and 
 Exceptions, as the ^heudofian and Jnftinian Codes clearly make appear * ; and 
 when they were cited before any of thefe Tribunals, they were to give Bail 
 ^itdicio Stjli '. 
 
 I N the extravagant and apocryphal Title de Epifcopali Judicio, which was 
 put in a fiifpicious Place, to wit, in the very End of the Theodcjtan Code, we 
 read of a Conftitution * of "itheodofitis, Valentinian, and Arcadius, by which it 
 feems as if the Cognizance of Caufes amongft Ecclefiafticks had been given to 
 the BiHiops, and likewife that they were not oblig'd to plead any where elfe, but 
 before themfelves : But altho' that Law may be fufpedted of Forgery, as Go- 
 tifrcdus demonftrates at length, and all the Learned take for granted, yet the 
 Priefts can reap no Benefit from it, fince in exprefs and prccife Words, there's 
 nothing treated of in that Law but Ecclefiaftiical Caufes, the Cognizance of which 
 the Church always had by way of Polity ; thefe are the Words of it ; ^lan- 
 ti'.mque ad Caiifas Ecclefiajiicas pertinet. Gratian », who did not like this, left it 
 out altogether, and by his Decree, difmember'd the Law, and chang'd its Senle ; 
 this was not a new Thing in this Compiler, as we fliall find ellewhere on other 
 Occafions. An/elm '", on this Law, was guilty of the like Artifice, if not greater 
 in Matters of more Importance, which appear'd afterwards. 
 
 ^ Luk. 12. Apoft. ad Roman. 15. Irensus, 
 lib. f. cap. 20. Origcn. Epift. ad Rom. 
 
 ^ Chrylbft. Homil. 25. in epift. ad Roman. 
 Ambrof. in Luc. lib. 4. cap. 5 Auguft. in 
 Joan, tratt. 6. Gelai. epift. 8. 
 
 ^ Thcodorer. lib. 2. cap. 5. 
 
 "* L. 2. C. Th. Quorum appe). 
 
 s Du Pin, diir. ult. §. uk. 
 
 ^ L. :?3 & ;7C. Th. de Ep. & Cler. L. fi 
 quis, C. de Epifc. audienr. Novel. Valenc. 5. 
 tic. 12. de Epifc. Judic. 
 
 ' L. omnes 3^. C. de Epifc & Cler. 
 
 ' L. ;. Extrava. de Epifc. Judlcio. 
 
 ' C. continua f. ij. qu. I. 
 
 '° Anfclm lib. j. cap icp. &;Po). i. tit. 19. 
 
 THE
 
 Book ir. the Kingdom 0/ N A P L E S. 
 
 109 
 
 THE Ecdefiafticks alledge fome other Conftitutions of the fame Kind, and 
 many Canons againft a Truth fo well known ; but Du Pin ', a great Divine of 
 Parts, anfwers them at length and to the purpofe, and better than any Pcrfoii 
 whatfoever, demonftrates, that the Clergy, as well in Matters Civil and Politick, 
 as in Criminal Caufcs, were not, by Divine Right, exempted from the Secular 
 Power, nor from Tribute, nor Punifliment ; but in Procefs of Time, by the 
 Favour of the Emperors and Princes, they did acquire Immunity in fome Cafes ; 
 which fhall be clearly (hewn in the Courfe of this Hiftory. 
 
 THUS it is, that the Church, to this Time, had not acquir'd that complete 
 Judicial Power, which the Laws call Jurifdidion, over her Priefts, and much lels 
 over Laicks ^ neither had fhe as yet what the Civilians call Jus T'enrtidi % and 
 conftquently no complete Jurifdidion, nor a diltindt coercive Power j neither 
 were her Judges Magiftrates, who could pronounce thefe three eflentiai Words, Do, 
 Dico, Abdico ; for which Reafon (he could not, by her own Authority, imprifou 
 her Ecclefiafticks, as in France to this Day it cannot be done without irnploring the 
 AlTiftance of the Secular Power '. And becaufe by Cuftom it was at firft tole- 
 rated, and afterwards introduc'd, that the Ecclcfiaftical Judge could impriibn thofe 
 who were within the Limits of his Auditcriii»i, fo call'd in tho(e Days, which 
 Boniface VIII. quickly raifed higher by a Decretal which he publi(h'd, giving 
 Power to the Bi(hops of placing their Aiidttoria where-ever they thought fit, and 
 confequently to imprifon every where ; which Deed, becaufe it could not be con- 
 ceal'd, was the Occafion, that the faid Decretal in many Places was not obferv'd j 
 and in France, as Lemetre teftifies *, the contrary is pradlis'd : In fine, the Eccle- 
 fiafticks had no Prifbn before Ev.gen. I. his Time, according to Volatcra)ius '. 
 
 BESIDES, 'tis certain, that in thefe Ages, the Church had no Power of 
 inflidting Corporal Punifhments, of Banifhment, much lefs of Mutilation of Mem- 
 bers, or of Death : and in the more heinous Crimes of Herefy', it belong'd to the 
 Princes to punifh the Delinquents with Temporal Puniihment, and for keeping 
 their Dominions in Peace and Tranquillity, and purging them of thofe (edi- 
 tious People, who difturb'd the Qijiet of the Commonwealth, they eftablifh'd 
 many Edids, wherein they fet down the Penalties and Punifhments due to their 
 Crimea : of which Laws, the Books of the 'tbeodofian and Jujfinian Codes are 
 full. Neither could the Judges of the Church in thofe Days condemn in pecuniary 
 Mulfts * ; and the Reafon was, becaufe fhe had no coercive Power ', and, 
 according to the Roman Laws, the Magiftrates only, who had full coercive Power, 
 could impote Fines * ; but atterwards, altho' the Church had neither coercive 
 Power nor Exchequer, yet fhe took upon her to do ir, and applied the Fine to 
 fome pious Ufe, giving it to Monks, Prifoners, or for building of Churches -, 
 concerning which we (hall have a new iVIotive for Rcaibning. 
 
 I T cannot then be doubted, but that all that the Church has at this Time of 
 complete Jurifdiction, depends on the Favour and ConcefTion of Princes. Some 
 have believ'd, that thefe ConcefTions begun from Conjlautine the Great, who gave 
 her Peace and Increafe : They believ'd, that this Prince, by one of his extravagant 
 Conftitutions, which we fee inferted in the End of the I'beodofian Code », had efta- 
 blifh'd, that the guilty Perfon, or the Plantiff, either as to the whole or any part 
 of the Caufe, could demand to have it referr'd to the Bifhop ; and that it could 
 not be dcny'd him, altho' the contrary Party (hould thwart and contradidl it ; 
 And laftly, that no Appeal fhould be made from the Bifhop 's Sentence, and that 
 prefently without delay, and notwithftanding any Impediment, the Ordinary 
 Magiftrates were to put it in Execution ^ which if true, the Temporal Jurifdidlion 
 would be altogether ufelefs, or at Icaft would only lerve for executing the Com- 
 mands of the Ecclefiafticks, 
 
 ' DuPin. did. uk. §.ult. 
 
 * L. Pu^jUIus, §. territorium, D. de verbor. 
 fignif. 
 
 ' Jo. Calli, qu. 105, 24;", &: 2j6. Lemetre 
 trait. Je Appel. cap. y. Loyf. dcs Sign. c. ij". 
 
 "* I.emetr. de Appell, cap. /. 
 
 ' Volatcr. 111). 2j. 
 
 * Cap. 1. dc Dolo 8c Contum. cap. licet de 
 Pa-nis, cap. irrctragab. §. uk. de Offic Grain. 
 
 ' Loyl'cau, loc. cit. 
 
 * L. aliud eft fiaus, §. inter pa-nam de Verb. 
 Signit". lib. i. fi qu. jus diccnti 110a obtcm. 5c 
 tot. tit de mod. mult. 
 
 * L 1. C. Th. dcEpifc. Judic, 
 
 Hh 
 
 THERE
 
 no The Civil History of Book IL 
 
 THERE was a Time, when this truly extravagant Conftjtution was reputed- 
 genuine, by a Part of it being foifted into the Capitiilaria of Charles the Great ', 
 and like\vi{e into the Bre'viaria of the 1'beodofian Code ; and John Selden % be- 
 caufc he found it in an ancient Manufcript of IVilliam the Monk of Malmesbury, 
 believ'd it to be truly Conftautine's, 
 
 OTHERS did not attribute it to Coitjianthie, but to I'heodofius the Toun^er^ 
 ftich as limocentius % Grathinus *, Ivo, Anfelnius, Palerriiitanus, and the other 
 Compilers of Decrees, being induc'd fo to do, by feeing, in the Frontifpiece of 
 fome Manufcript Codes, this Infcription ; Arcad. Honor. & STheodof. 
 
 BUT 'tis made manifeft by able and grave Writers, to have been forg'd and contriv'd,. 
 juft lb as the Donation of the fame CoJiftautiuc had been «. Gotifredus * has demon- 
 flrated the Falfity of it by a hundred Proofs, fo that one muft want Eyes to be able 
 to doubt of it : 'Tis added to the 1'heodofian Code in a fufpicious Place, to wit, in 
 the \ery End of it, intitled thus, Htc tituliis deerrahat a Codice ^heodofiano ; it has 
 neither Confal nor Date, and, quite contrary to many other Conititutions, in- 
 fcrted in the fame Code: 'Tis not put in the Jiiftinian Code, neither is there any 
 mention made of it by the Writers of the Ecclefiaftical Hiflory, 
 
 THOSE v/ho attribute it to I'heodofius have miiVaken it very widely, whofe 
 true Law ' follows this forg'd Conftitution ; forafmuch as that this true Law is quite 
 in Oppofition to it, in which it is determin'd, that Bifhops ought not to take cogni- 
 zance but of Matters of Religion j and that all other Procefles of the Ecclefiafticks 
 fhould be determin'd and judg'd by the ordinary Judges : And 'tis not to be thought,, 
 that T'heodofris would have inferted in his Code a Law quite contrary to one of his- 
 own. Befidcs the Laws of the other Emperors reported in this Code, alcho' made 
 in Favour of the Church, yet they don't attribute fuch Juftice to her, and efpecially 
 the Ncvella * of Valeiitiiiian III. is diredly contrary, which fays, that according to 
 the Laws of the Emperors, the Church hath no Jurifdidlion, and according to the 
 Sfheodofian Code flic cannot take Cognizance but in Matters of Religion. 
 
 BUT befides the true Laws oi^heodcfw.s above-mention'd, we lee in tiie Reigns 
 oi Arccdiv.s and Honorius, that the Church only had her primitive Right of judging 
 byway of Arbitration, and even that was difputed with her, whence they publifli'd a 
 Law for continuing that with her, of which thefe are the Words : Si qui ex confenftt 
 aptid facrcc legis Anttftitem litigare •volueriut, non 'veteiitur, fed expeyieiitnr il/;us, in 
 civiH du}iti'.xat 7iegotio, more arhitri fponte reddentis judicium '. And the Pradtice 
 of the Church in thofe Ages was, that the Bifhops were employ'd as Arbitrators 
 in agreeing of Law-Pleas, which were brought before them by the Confent of 
 Parties, as Bafl '° witnefleth ; as alfo Gregorius Neocxfarmifs, Ambrofus, Augiifit- 
 mis. and the Writers of the Ecclefiaftical Hiftory Socrates andNicephorus ". \\ hich 
 continu'd a long Time even to the Reign ofjufii/iaii, who was the firft that aug- 
 mented the Power of Cognizance in the Bifliops by his KovelLr, as we (hall fee in 
 the fixth Century: Since in the End of the Reign ofValentiuiau III. where we now 
 are, it is certain, that the Bifliops had neither Court of Juftice, nor coercive 
 Power ; neither could they meddle in any other Caufes, but in what concern'd Re- 
 ligion, neither with refpeft to the Clergy nor Laicks, as Valentinian himfelf affures 
 us by a moft remarkable No-vella '-, of which thefe are the principal Words; .^.'o- 
 niaiii coiijlat Epifcopos forum legihus non habere^ nee de aliis caufs, quam de Keligionc. 
 poffe cognofcere, tit ^heodofanum Corpus ojkndit ; aliter cos judiees ejfe non patimm'y 
 niji 'voluntas jurgantium fuh 'vinculo compromiffl procedat, quod fi alteruter nnlit^ five 
 Laicus, five Clericus fit, agent Publicis le^ibus, & jure commuui ; adding that the 
 Clergy could be cited before the Secular fudge ; which was certainly the Law and' 
 the Pradice before Juftinian, as may be feen in many Laws of his Code ' ' : And 
 this only Privilege was given to the Ecclefiafticks, that they were not oblig'd to go from. 
 
 * Capirul. Car. M- lib. 6. cap. zSi. 
 
 * Selden. in uxor. Hcbr. lib. 5. c. :8. p. 564. 
 &: de Synod, lib. i. cap. 10. p_. 318. 
 
 -' Inn. c. novit. 15. dcjudic. 
 
 -* Grat II. qo. i. cap. jf, ?6, 57. 
 
 ' Loyfeau dc fign. cap. if. 
 
 " Got. torn. 6. in fin. C. Th. 1. i. Epif. judlc. 
 
 ' L. 5. de Epifc. judic. 
 
 * Novell. Valcnt. de Lpifc- judic. 
 '•'■ L. 7. Je Epif. audicnt, 
 
 '° Bafil. cap. 247. 
 
 " Gregor. Nili- iiivlta Gregor. Neocxfar 
 Ambrof. Ep- 24. & lib. 2. Offic. c. 24. Auguft. 
 in Pfalm. 1 18. &: lib. de Oper. Monac tap. 20. 
 homil. de Panir. yo. cap. 12. Sc Lp. ad piocul. 
 Donatlflam Ep. 147. Socrat. lib. 7. cap. 56. 
 Niceph. lib. 14. cap. 59. 
 
 "■ Novel. 12. Valcnr. 
 
 '' L. cum Clericis, L. omnes 59. C de E 'ifc 
 ScClcr. 
 
 Home
 
 Book II. the Kingdom 0/ N A P L E S. in 
 
 Home or their Place of Abode to plead ; and in the Provinces they could not be fum- 
 mon'd before any other Judge but the Keihr of the Province, as at Conftautinople 
 before the Prxfefius Prxtario. 
 
 THUS it is, that as to what belong'd to the Cognizance of Caufes which the 
 Church had, nothing was alter'd in thefe Times of what had been pradtis'd in the 
 firft Three Centuries: Neither had the Bifhops of thefe our Provinces, a Court of 
 Juftice nor coercive Power, neither was there any Alteration made in thefe Matters, 
 nor in the Political and Temporal Affairs of the Ecclefiaftical State to this Time; 
 but were refl:rid:ed to the Cognizance of Religious Caufts, which were judged by 
 way of Polity, and to the two other Occurences above-mention'd : All the Juril- 
 didion and Power being in the Civil Magillrates, to whom, as well Prieft as Laick 
 had their recourfe both in Civil and Criminal Caufes, without any Exception. 
 
 BUT altho' the Civil State fuffer'd no Alteration by thefe Matters ; nevcrthe- 
 lefs it was not without fome Diforders in thefe very Times, occafion'd by the Acqui- 
 fition of Temporal Poflfeflions, which, ever and anon, by the Piety of the Faithful, 
 or rather the too great Avarice of theClcrg)-, were given to the Ecclcfiafticks and the 
 Churches. 
 
 Loyfeau de fign. cap. i /. 
 
 S E C T. IV. 
 
 0/ TEMPORALITIES. 
 
 WHOEVER names Religion, names Riches, fays our Scipio Ammiratus \ 
 who was a Canon in Florence ; and the Reafon is ready, which he adds, 
 Becaufe Religion being an Account which is kept with God Almighty alone ; and 
 Mortals {landing in need of a great many Things from Him, are eithcj^ thanking 
 Him for the good Things receiv'd, or the Evil they have efcap'd, or praying that 
 fuch Things may not befall them, and that other Things may profper well ; it neceC- 
 farily follows, that out of Gratitude we fhould be careful to beftow a Part of our 
 Riches, not on him, who being Lord of the Univerfe, hath no need of any Thing 
 from us, but on his Temples and their Prieib. As foon as Covfiantiue had given 
 Peace to the Church, and our Religion could be profefs'd openly every where. 
 Temporal Riches began to increafe. Before Confiantine^ our Churches being re- 
 puted a kind of unlawful Aflemblies, could not acquire any thing by Legacies, 
 no more than the Community of the Jc-J!:s and other Societies, which had no Right 
 To to do -. 
 
 THESE Bodies were deem'd uncertain, fo of courfe the Legacies left to them 
 could not take EfFeft. In the Time of S. Mcvrk ^ there was a Senatus Cmfultnm 
 made, by which there was Liberty given of leaving to Colleges, and other Com- 
 munities, whatever People pleafed ■* : By which the former Rigour was relax'd ; 
 and altho' our Churches, as unlawful Societies, could not be comprehended within 
 the Meaning of the Senatv.s Confidtim ; for all that, we fee, that in the third Cen- 
 tury, whether it was by Allowance or Connivance, they began to have Poflcflions. 
 But no fooner had Co/{/?/?;;//«e in the Year 312. embrac'd the Chriftian Religion, 
 making it not only lawful, but our Colleges venerable and commendable, than 
 the Churches abounded with Temporal P^iches. And tliat there migiit arife no 
 doubt about that Matter, and that he might excite the Liberality of the Faithful in 
 leaving Legacies to them, he publifh'd an Edidl in the Year 321. w4iich he directed 
 to the People o^Koyne ; by which he gave all Perfons liberty to leave by Tellament 
 whatever they pleafed to the Churches, and cfpecially to that o( Rome '. Thus Con- 
 jlc.ntiiie deferV'dfo well of the Chriftian Religion, b}- inriching our Churches ; and 
 
 ' Ammirac . in his Opufc. difc. 7. t '* L. 20. D. de rcb. dub. 
 
 ' L. 2. D. de Colleg. L. I. C. dc Judils. L S. ' L. 4. C. Th dc Ipil". 5c Clcr. 1. 1. C Juft. 
 C. de Hired, inftit. dc SS- lied. 
 
 » V. Rltccr H. Xir tab. deColl Jur. cap.S 1 
 
 t not
 
 1 1 1 The Civil History of Book IL 
 
 not only a-fter this manner, but likcwife order'd, that all the PoffcHions which be- 
 long'd to them, and which in the Reigns of Dindefan and MiJXwiLvius^ had been 
 taken from them, fliould be rtftor'd to them again ; for which end he pubiilh'd an- 
 other Edid: menrion'd by Enfcbius '. Moreover he ordain'd, that theHftates of the 
 Martyrs, if they had not left Heirs, fhould be given to the Churches, as the Author 
 of his Life affirms \ 
 
 BUT as this P?inGe, by the new Dilpofition which he gave to the Empire, was 
 reputed rather a Dcftroyer of the Ancient, than the Maker of a new One ; So like- 
 wife he was thought by many, to have done harm rather than good to the Church, 
 by inriching her lo much j fmce in procels of Time the Ecclefiafticks by their Cove- 
 toufneis of Riches, brought Matters to fuch a pafs, that befides neglefting their 
 own Duty, they thought of nothing clfe but of pilling and robbing the Inheritance 
 of the Dead, and were the Caufc of many Abufes and great Diforders, which were 
 brought upon the Commonwealth upon that Account : So that the Princes who fuc- 
 ceeded Con(icuitine were oblig'd to put a Stop to fo great Licentioufnefs. 
 
 S. Jo. Cbyyfuftom in his Time deplor'd thefe Abufes, and lamented, that from the 
 Riches of the Churches there arofe two Evils ; the one, that the Laicks left off 
 giving of Alms; the other, that Ecclefiafticks ncglefted their own Duty, which is 
 the Care of Souls, and became Sollicitors, Stewards, Toll-Mafters, exercifing Things 
 unbecoming their Vocation. 
 
 FIFTY Years were not yet expir'd, from the Time that Conftantine publifh'd 
 rhefe Laws, when by tl'ie Avarice of the Ecclefiafticks, always watchful to take 
 Advantage of the Simplicity of the Women, J ''d lent in i an the Elder was forc'd in the 
 Year 370. perhaps at the Requcft, as fome have fufpedled, o£ Dam.tfus Bifliop of 
 Koine, to put forth a Law ', by which he prohibited the Priefts and the Monks, 
 under fevere PenalticSj to take either by Teftiament, or any other Deed amongft 
 the Living, the Goods of Widows, Virgins, or any other Woman whatfoever, for- 
 bidding them to converle with them, as they were in ule to do too freely ^ againft 
 which Cuftom Ambrofms and Hieronyinus likewile declaim'd : And this Law, befides 
 its being diredted to Damaftis, was ahb proclaim'd in all the Churches c^i Koine, that 
 it might be inviolably oWerv'd. f^alentuiian extended this his Conftitution to the 
 Bifhops and Virgins confecrated to God, whom with the other Clergy and Monks, 
 he forbad to make fuch Acquifitions *. 
 
 TWENTY Years after, on the fame Account, ^leodofuis the Great was forc'd 
 to publifh another fuch Law \ by which it was forbidden the DiaconeJJes, on ac- 
 count of their overmuch Converfation which they had with the Ecclefiafticks, to 
 leave their Goods to the Monks or the Clergy on any pretence whatlbever ; befides 
 this Prince likewife prohibited the lame Diacouejfcs to make the Churches, or even 
 the Poor, their Heirs, which rit/«;f/«/«;/ durft not do : Altho' 7'/J(?orfo/?/« two Months 
 after revok'd in Part his Law, allowing the Diacouejfcs " the Power of leaving their 
 Moveables to whom they pleas'd : Albeit the Emperor Martiamts in his No'vella ' 
 reckon'd that T'heodo/ius had wholly revok'd his Law, as at laft he was willing to 
 do himfelf ; concerning which fee Gotifrediis his excellent Commentaries *. 
 
 THE Fathers of the Church in thofe Days did not complain of thefe Laws, nor 
 of the Power which the Princes had of making them ; neither did it ever enter into 
 their Thoughts, that the Immunity or Liberty of the Church fuffer'd thcrcbv ; 
 fuch Language was never heard or known in thole Times, but were only griev'd 
 i'or the Caufes which produced fuch Effeds, and which mov'd thefe Emperors to 
 make them, to wit themfehes, and the too great Avarice of the Ecclefiafticks that 
 had occafion'd them : Behold how S. Anibyofe Ipeaks of it ', Nobis etiaiii prinjata 
 SucceJJionis eiiwltmenta recentibus legibus dcnegantiir, & nemo conqueritur. Non 
 eiiin; putamiis iiijuriaii/, quia difpendimii iion dokiniis, &c. S. Ilieroiiymus 
 fpeaks more clearly '° writing to Ncpotianiis : Fudet dicere, Sacerdotes Idclo- 
 rui», Mmi, & Auriga, & Scorta hai-editates capiunt, folis Clericis, ac Mona- 
 chis hac lege prohibctiir : S non prohibctitr a Perfecutoribus, fed a principibm 
 
 • Eufeb. irb. 10. cap. I. Socrat. lib. i. Sozo- " L. 28. C Th. eod. tit. 
 
 ' Martian. Novel, de Tenam. CI. u!t. 
 8 Got. 1. 28. C.Th. cod tit. 
 ' Ambrof Jibcl. ad rcr. rclat. Syraac. 
 '^ l-Uer, Ep. 2 «d Nepot. dc yit. Clcr. 
 
 menus, Eutorp. & alii 
 
 '■ Autli. vita; Conft. lib. 2. cap. 20. 
 
 i L. 20. C. Th. lie Epil". !k Cler. 
 
 ■* L. 21- C. eod. tit. 
 
 ^ L. 27. C. Th. de Ep. Si C Soz. 1. 7- c i6. 
 
 ■* Cbrijliams,
 
 Book II. ?^^ K I N G D o M 0/ N A P L E S. 1 i ; 
 
 Cbriftiaiiis. Nee de lege conqueror, fed doleo cur meruerimus banc legem. Caute- 
 rium boiium eft, fed quo viihi Vulmis, ut iudigeain Cauterio ? Provtda, fecuraque 
 legis cautio : £?* tanien uec fic refrjsnatur auaritia, per fide i commiffa legiltis tlludmus, 
 ^c. Thus it was, that in thefe Times it belong'd to the Jurilclidtion and was in 
 the Power of Princes to remedy thofe Abufes, and to give Liberty to, or put a 
 Reftraint upon the Acquifition of the Temporal Goods of the Church, as they faw 
 convenient for the Good of their State. Which in the Ages lels diftant from us all 
 over Europe by other Princes was commcndably, and without anv Imputation of In- 
 difcretion, imitated. Thus Charles the Great, of Glorious Memory, pradis'd in 
 Saxouy; and in Euglmd, Edivard I. and III. and Henry the Vth '. The lame was 
 obferv'd in France by S. Lcivis ', which is a Thing very remarkable ; and after- 
 wards fucceflively confirm'd by Philip III. Philip the Fair, Charles the Fair, Charles 
 V. Francis I. Henry II. Charles IX. and Henry III. And we have a Decree in 
 Papiniau >, by which the Parliament of Pans inhibited the Carthufans and the Cele- 
 fiins from making any new Acquiiitions. In Spain, James King of Arragon made 
 the like Laws in the Kingdoms fubjedt to that Crown j the fam.e was pracftis'd in 
 Cafiile, Portugal, and all the other Kingdoms of Spam, which Narbona and Lewis 
 Molina teftify "; and in feveral Places of Germany and Flanders, the like Statutes 
 ■were obferv'd. In Holland, Cownt William III. by his Edidl in the Year 1328. 
 ftridly prohibited the fame '. And it was done in Italy, Venice, and Milan * : 
 Neither is there any Province in Europe in which the Princes did not claim it as 
 belonging to them, and in their Power to make fuch Laws within their own 
 Dominions. 
 
 THE Churches in the Provinces, of which our Kingdom of Naples is compos'd, 
 if we confider the Time that pafs'd betwixt the Reign of Confiantine, and that of 
 Valentinian III. which all that time were ftill building by the BiOiops in Naples and 
 the other Cities, made no confiderable Acquifitions : And by looking on cliem it 
 may clearly be perceiv'd, that they can ailedgc no other Title, but what they 
 owe to the Conceflions made them by the Longcbard or Norman Princes, who were 
 more profufe than the reft ; or laftly, by the Princes of Suevia or yinjoti. The 
 Monafteries began to be confiderable by their Acquifitions, in the Beginning of the 
 Reign of the Longohards ; and altho' S. Benedi^ in the Reign oil'ottla, was the firll 
 who brought them into Italy j neverthelefs that of Monte Cafino in Campania was not 
 much inrich'd, until the Time of the Longobard Kings : But in Proceis of Time 
 the Number of Churches and Monafteries multiplied in fuch a manner in thele our 
 Provinces, and their Acquifitions were fo exceffive, that there was neither City nor 
 Caftle, fmall or great, that was not l\vallow'd up by them. Such Excefs in the 
 Time of the Emperor Frederick II. was fuppre{s'd by a Law, which at this Day is 
 to be feen in our Conftitutions ' ; by which, imitating, as he fays, the Footfteps of 
 his Predeceflbrs, perhaps meaning the Emperors ; or, which is more likely, the 
 Norman Kings his Predeceflbrs, whofe Conftitution on that Head is now loft j he 
 prohibited immoveable Eftates to be acquir'd by the Church. But in the Time 
 of the Princes of Anjou, other Maxims were introduc'd among us, which taught, 
 that Princes could not remedy thofe Abuses : For which Caufe the Conftitution of 
 Frederick, was reputed impious and injurious to the Churches, and the former DilP. 
 orders prcvail'd ; and if Things had been confin'd within thefe Bounds, it might 
 have been tolerable ; but afterwards the Churches and the Monafteries were feen to 
 abound in fo great Lordftiips and Riches, and in fuch Numbers, that it would have 
 coft but a very little more trouble, to have fvvallow'd up that fmall Refidue, which 
 continues in the Pofleflion of the Laicks ; But of this we fhall fpeak more opportunely 
 in the following Books ; what hath been faid hitherto of the Ecclefiaftical Polity of 
 thele our Provinces during the Fourth and the half of the Fifth Century, may 
 fuffice. 
 
 ' Pet. Greg, de Repub. lib. i;. c. \6. Polyd 
 Virg. lib. 1 5. hift. Anglic. 
 
 * Pap. 1. I. Rhapfod. ar. 7. art. ;. 
 
 ' Narbon. lib. %^. Gl. 5-. num. ;o. tit. ;. lib. i. 
 nov. recompil. Molina de contr- tit. 2. D. 140. 
 1. 2. 1. 8. 
 
 * Gail. lib. 2. obferv. %z. num. j". Chopin, 
 de Daman. Franc, lib. i. tit. 14. Chriftin. torn. 
 I. dccll'. 201. 
 
 ' Brant, i. hifl. de Reform, i. p i^- Ant. 
 Matth. manud. ad jus Can. lib. 2. tit. i- Bodin. 
 de Rep. lib. f. cap. 2. 
 
 * Boflius de Poenis num. 4;. Signorol. de 
 Homedeis conf. 2i. Statut. Civit. Mediol. nov. 
 compil. tit. dc Poen. Collcg. 
 
 ' Conftit. Regn. de Rsb. ftab. Eccl. non 
 allenaud. 
 
 1 i THE
 
 C "5] 
 
 THE 
 
 CIVIL HISTORY 
 
 Of the Kingdom of 
 
 N A 
 
 BOOK III. 
 
 H E fiindry Civil Commotions, the great Changes in t!ie 
 State, and the Viciflitude of the Roman Juriiprudence, 
 which fell out betwixt the Death of Valentiuiaii III, and 
 the Reign of the Emperor Juftm II. fhail be the Sub- 
 jedt of this Book. Vv'e fliaii relate the Events of a Cen- 
 tury, in which Italy, and thele our Provinces, that 
 make up at prelent the Kingdom of Naples, law new 
 Lords, flrange People, and new Laws. Hitherto they 
 knew no other Magiftrates nor other Laws, but thole 
 of the Romans : henceforward they fliall ice themielve:.' 
 mixed with thofe of Foreign Nations, who, altho' 
 Barbarians, deferve neverthelefi to be commended, not only on Account of their 
 many and remarkable Vertues, but likewile becaule they were lb obfcquious to 
 the Roman I^ws, and honoured them Co much, that they not duly duril: not 
 revile them, but with extreme Moderation, contrary to the Laws of Vidtory, by 
 which the Vanquifh'd become fubjcd: to the Laws of the Vidor, retair.M them. 
 Therefore the Reader mufk not expect, that being to treat in this and the following 
 Books, of the Goths, Longchards, and Normans, who have all the fame Origin, I 
 ought, as many have done, to treat them as inhuman, fierce, and cruel, and to 
 term their Laws impious, unjuil, and rude, as thty arc, for the nioft parr, re- 
 puted by our Writers. In the Exploits of their Princes, Piety, julUcc, and 
 
 Temperance
 
 1 1 6 The Civil History of Book III. 
 
 Temperance will fliine no lefs than Fortitude and Magnanimity ; and their I,aws 
 and Ciiftoms, altho' they cannot be compar'd to thofe of the ancient Romai/s, 
 ouelit not however to be thought to come fhort of thofe of later Times, while the 
 Empire was declining, when the Condition of a Roman became more vile and 
 abiect, than that of thofe who were reputed Barbarimis and Strangers. 
 
 BEING firft of all to treat of the Goths ^ it is not to my Purpofe to trace them 
 back to their Origin, or to enquire from what part of the North they broke out, 
 to over-run thelc our Countries. There are not wanting Writers, who have given 
 Account of their Origin, their Progrefs, and their Conquefts over various Regions 
 of Europe ; and the lall was the incomparable Hugo Grot ins ', who treats of it 
 with fo much Exadlnefs and Dignity, that he eclipfes all others : Neverthelels, it 
 will be very neceflary to diftinguifli, with Perfpicuity, the Eaftern Goths from the 
 Weftern ; fincc fbme of our Authors, by doing it confufcdiy and not diftinftly, 
 have likewife confounded their Laws and Cuftcms, by afcribing to one, that which 
 belonged to the other, as (hall be clearly fhewn in the Courfe of this Book. 
 
 THE Orio'in of their Name is not very obfcure : For their Hofpitality and 
 Courtefy to Strangers, they were very famous and renown'd ; even before they 
 had embrac'd the Chriftian Religion, amongft the Germans they acquir'd the 
 Appellation of Good ; Sow/', fays Grotius % Germanis fiint Goten, aiit Gtiteii : 
 Whence it came, that afterwards they were call'd Goti by all the other Nations of 
 Europe. They were divided according to the Situations of the Countries w hich 
 thev" inhabited, into Eaflern Goths or Ojlrogoihi^ and into Weftern or Hefirogothi, 
 which the Latins corruptly call'd Vifigothi. Thofe who inhabited the Countries 
 which lay more to the Eaft, towards the Euxine Sea, as far as the River ^yras^ 
 and who afterwards, by the Permifiion of the Emperors of the Eaft, had Pannonia, 
 ^hracia, and laftly Illyricum for their Habitations, were call'd Ojlrogothi ; and were 
 govcrn'ci by Princes of the Houfe of Amali no lefs ancient than Illuftrious, whence 
 ^beodoricv.s Ofirogothtis, who govern'd thefe our Provinces, deriv'd his Pedigree.- 
 The others, whole Countries lay towards the Weft, and who, in the Reign of 
 HoJioriiis, govern'd Aquitaiue and Narbonne, and afterwards many Provinces of 
 Spain, were called IVeftrogothi ; thofe were commanded by Princes of the Houfe. 
 of the Balti ; a Family likewife illuftrious, but inferior to that of the Amali, who 
 bragg'd of its Nobility : ^ouloiife was their Seat, the Capital of the Province, 
 which Country, on Account of their Refidence, is fince call'd Gafco7jy, which in 
 their l>anguage fignifies the Country of the W^eftern Goths ', altho' others fay, 
 that it had the Name of Gafcony from a People of Spain^ who having paffed the 
 Pyrenean Mountains, pofiefted that Province. 
 
 ' Grot, in Prologom. in Ilift. Got. | ^ Paulus ^Imilius, de Reb. I'ranc lib. i 
 
 * Grot, in Prolegom. pag. 13. 
 
 CHAP.
 
 Book III. 
 
 the K I N G D o ?4 of N A P L E S. 
 
 117 
 
 ■iiisT^"-; 
 
 'l\ ■><- », 
 
 CHAP. I. 
 
 Of the \)c'eftern GOTH S, and their L A WS. 
 
 H E Jfeftrogoth Princes, of the Family of the Balti^ under the Em- 
 pire of Hoiioriiis, having been firmly eftabhfli'd in Aquitanie and 
 many other Cities of Narbonne by this Prince, fix'd their Refidence 
 in I'oiiloufe^ whence they were afterwards call'd Kings of Toitlonje. 
 They, with all their Might, endeavoured to extend their Dominion 
 over the other Provinces of Gallia and Spain^ which were ijl ufed 
 and opprefTed by the Vandals. Vallia, who fucceeded R/gencus, SuccefTor of 
 Ataulft'.s, as we have faid in the preceding Book, triumph'd frequently and fuc- 
 cefsfuUy over them in Spa'm^ and ga\-e them many terrible and memorable Routs. 
 ValUa, after having gain'd fo many Vidories over the Vandals, died in Touloufe 
 in the Year of Chrift 428, and Theodoricus fucceeded him in the Kingdom '. 
 Writers differ about the Name of this Prince ; Gi-cgcry oi^ours - calls him I'atdus ; 
 J/idore, ^etidoridiis ; Idackis, I'becdonts ; but we, according to Jomandes \ the 
 more ancient Writer, and the moft accurate in the Affairs of the Goths, with 
 Alteferra ■*, fhall call him T'beodoyicits. This Prince reign'd in Aquitaine twenty 
 three Years, a valiant and excellent Captain, who, in the Fields ofCbalou, fighting 
 againft Attila, gave fignal Proofs of his Valour : he was gricvoufiy wounded in 
 this Battle, and being thrown from his Horle was flidly bruifcd, and died foon 
 after. He left behind him fix Sons, ^orrifiunnd, 1'hcodorick the Totinger, Frederick, 
 Evarick, Kotemerus, and Ainierick, and one Daughter, whom he gave in Mar- 
 riage to HuHuerick Son of Gizerick King of the Vandals. 
 
 Torrifmond fucceeded in the Kingdom, who, akho' he was in the Battle againft 
 Attila with his Father, and had been wounded in it, no fooner heard of the 
 Death of his Father, than he immediately returned to I'oitlonfe, where, w ith 
 univerfal Acclamation, he was let on the Throne K The Reign of this Prince 
 was of fhort Duration, and if we may believe Ifidorc, it was only of one Year ; 
 for, by the Means of I'heodo-rkk and Frederick his Brothers, who were unealy 
 under his Government, he was cruelly murdered ^ 
 
 1'heodorick the Toimger, his Brother, fucceeded him in the Kingdom : A Prince, 
 according to Sidonnis Apollinans ', indued with noble and excellent Virtues ; and 
 altho' the Genius of the li'ejirogoths was ill fuited to the Roman Laws, contrary to 
 that of the OJirogoths, who had them always in great Jifteem and Veneration, yet 
 neverthelefs I'beodorick II. was a great Lover of them, and prized them ex- 
 ceedingly. 
 
 THE IVefircgoths, on Account of the continual Wars which they had with 
 the Romans, were not a little averle to the Rowan Laws i ib much, thin Cl.iudian 
 fpeaking of their Times, faid % Mxrent captivx pcllito jitdice lieges. Ataiilftis 
 their King, as we have faid, fucceeded to Alarick I. who by the Fiercenefs of his 
 Temper, had already detcrmin'd to extirpate them altogether ; but being fbftcn'd 
 
 ' Paul. X.m\\. loc. clr. 
 ' Greg- 1. 2. Hift. Franc, cap. 7. 
 ' Joniand de Reb. Getic. cap- 24. 
 *» AUcr.Rcr. Aquit. lib. y. cap. iz. 
 
 ' Jornand. de Rtb. Getlc. cap. 41. Paul. 
 i'Emil. loc. cir. 
 " Akcf. loc. cit. cap.i;. 
 ' Sidoii. lib. I. cp. 2. 
 
 * Claud, lib. 1. ad Rufin. 
 Kk 
 
 by
 
 1 1 8 7he Civil History of Bcok III. 
 
 by the continual Pcrfuafinns and Exhortations of his fb mucii beloved Wife 
 Flacidia, he was difTuaded from it, and changed his Mind , and tho' his (lotbs did 
 not bear it patiently, yet he confeflTed, as Orofius teftifies, That without thelc 
 Laws, the Commonwealth could not be rightly mainrain'd, fo that he could not 
 find in his Heart to abolifli them altogether ; Neque Gotbos, fays he, ul/o modo 
 farere Iczibits pojfe, propter cffrcsuatam Barbariem, ijeqne Reip. tuterdict leges cppor- 
 tcre, fine quwtis Ke/p. iion eft Refpnblica : Whence he tells us ', that this Prince, in 
 the Year 412, by a publick lididt, commanded his Subjeds to oblerve the Koman 
 I-aws together with the Cuftoms of the Goths. Godaftv.s ' relates, the Edid: 
 among the Imperial Confticutions, but we fee it conceiv'd in the fame Words of 
 Oro/J/«, and many Things added in it, which are not in that Author. 
 
 BUT the Study of the Roman Laws was in fueh Efteem with 'Tbeodorick the 
 Touager, of whom we are treating, that Sidoniits Apollinaris % introducing him jn 
 his Verfes fpeaking with Aintits, makes him fay thusj 
 
 Mihi Romiila dtidim 
 
 Per te jura Placent. 
 
 And clfcwhere'^ he calls this T'beoderick, Romaux cohnnen, faltifqiie gentis. 
 
 And Clai'.dtau, fpeaking of this Prince, as Gro?/«J obferves % fays, Vtndicet Ardciis 
 Violatas advcna leges. The IVeftrogoths.^ neither in this King's Reign, nor in thofe 
 of his Predeceffors, had their own written Laws, neither did they take care to 
 form them. 
 
 But 'tbeodorick dying in the thirteenth Year of his Reign, E'varictis having ferv'd. 
 him in the fame m.anner that he had fer\''d Torrijhwnd., fucceeded him in the 
 Kingdom. He was the firfl: who gave written Laws to the Gotbs, as Iftdore aflures 
 us * ; St(b hoc Rege Gothi Legion inftittita fcriptis habere cccperuiit, nam antea Tautum 
 moribus ^ confuctudine tcnebantur ; for which, Sidontus ', in a\\ Epiftle direded to 
 the Emperor Leo, extols Evaricits as a wife Prince, and Author of the Laws ; 
 Modo per promotce limitem fortis, tit populiis fiib armis, ftc franat arma fub 
 kgihiis. 
 
 I N the Reign of this Prince, the Roman Laws began to be under a Cloud, not 
 in Jtaly^ but in Aquitaine, Narbonne, and in fome Provinces of Spain j for thofe 
 new Laws, which were call'd I'beodoriciance, by the Means of the Goths, being pro- 
 pos'd to the People of the Provinces, it happen'd that the tbeodofiance were not 
 io much valued ; and the Knavery of the Roman Officers themfelves, concurr'd 
 not a little to make them be delpifcd, and particularly of Seronatiis at that 
 time Prsefeft of the Gallix, who, by favouring the Party of the Goths, and be- 
 traying his own Prince, fet himfclf in Oppofition to the Romans i infbmuch, that 
 Sidonhis ^ call'd him the Catiline of that Age. This Man was pernicious to the 
 Romans themfelves, not only by the great Lofles occafion'd by his Villainy to the 
 Empire of the Weft in Gallia, but much more by his contemning and flighting 
 the I'heodofian Laws, and by extolling thofe of the Goths. We read alfb in Sidonins 
 the Complaints of the Provincials againft this Man ; Exiiltans Gothis, infultans Ro- 
 ijianis, illudens Prcefetiis, colludenfqiie nimerariis. Leges 'Theodofianas calcans, 
 tbeodoricianafque proponcns, vetercs ctilpas, nova tributa pcrqiiirit : Whence we 
 may fee the Condition of the Romans at that time, w ho by the Extortion of this 
 peftiferous Perfon, who loaded them w'ith exceflive and exorbitant Tributes, were 
 reduced to that Pafs, that, as was faid in the firft Book, the People of the Pro- 
 vinces chofe rather the Servitude of the Gotbs than the Freedom of the Romans ; 
 whence Salviamis ">, fpeaking of them, faid ; Pajfim, vel ad Gothos, vel ad Bagatidas, 
 lel ad alios iibique dominantes barbaros migrant, & commigrajfe non posnitet ; 77ialunt 
 enim fub fpecie captivitatis 'vivere Itberi, quam fub fpecic libcrtatis ejfe captivi. 
 Itaque nomen Cifittm Romanorim aliquando non folmn magna xftiviatiim, fed magna 
 emptum, nunc ultra repudiatur, ac fugititr, nee vile tantum, fed etiam abominabile 
 
 * Arthur. Duk. dc Ufu & Authoritat. Jur. 
 Civil lib. 2. cap. 6. num. 14, 
 
 * Godaft. Conft. Imp. toni. ;■ 
 3 Sidon. Carm. 7. 
 
 * Carm- deNarlon. 
 
 ' Grot, in ProlcR. Hift. Got. 
 
 c 
 
 Ifid. in Chronic. X.xa. ^oi\.. 
 Sidon. lib. 3. ep. ;. 
 Sidon. lib. ;. cap. 1. 
 Salvian. lib. 5-. dcGuber. Dei. 
 
 2 pent
 
 Book III 
 
 the Kingdom of NAPLES. 
 
 119 
 
 pent baletiir. Paulas Omftus likewife attefts ' , tliat the People of the Provinces chole to 
 live rather amongft the Barbarians than amongft the Romans : ^li malint hirer barbarcs 
 paiipercui /ibertatcu!, quani inter Ro;riano^ tributariam follicitiidinem fufttnere. From 
 whence Ifidore - concludes, Unde & hujtifque Kofnani, qui in Regno Gothoruin conflfiunt 
 adco awple^hinlur, ut melius fit illis cum Got bis Paupcrcs 'vivnr, quam inter Rowanos 
 pctcntes ejfe, i:^ gr.i've jugum, trihuti portare. But lb great Villainy in Seronatus did 
 not go long unpunilh'd, he being dragg'd along the Streets of Rome, was beheaded ^ 
 thus did he undergo the Punifliment of lb great Wickednefs. 
 
 T H E Laws call'd Tbeodorictanx were eftablifli'd by E'varlck, not becaule he 
 acknowledg'd the two 'theodnricks abovemention'd for the Authors of them, as 
 Baronius belicv'd \ who makes I'bcodorick the ^'hunger, Predeceflbr of Evarick 
 Author of them ; for in their Times this Nation had no written Laws. Muchjels 
 were they {o call'dy becaufe 7'heodorick the Ofircgoth, King of Italy, had been the 
 Author of them, as others were perfuadcd : Becaufe this Prince, as wc IhalJ fhew 
 anon, had very different Sentiments concerning the Care of the Roman Laws, and 
 reign'd a Jong Time in Italy, after Sidonius Apollinaris was dead, who could 
 not call thele Laws I'beodorician, becaule this 'Tkeodorick was Author of 
 them, ^beodorick Ofirogotb, as Ihall be told, reign'd in Italy in the Reign of 
 Anaftafius Emperor of the Eaft in the Years 493 and 500, when Sidonius Apollinaris 
 was dead, w hich is clear from Gregory of Tours ■* ; in that Cujacius is accus'd deler\fcdly 
 of an Error by Orc//;//j 5, for making I'beodorick King of Italy Author of thele 
 Laws. 
 
 SIRMONDUS and Dadinus Alteferra '^ wiCdy faid, that thefe Laws were 
 call'd 1'beodoriciaux, by way of Allufion or Parauomafa, in oppofition to the T'beo- 
 dofiania i that as the Romans valued themfelves on the I'heodofiana, (6 the Gcths 
 having their own Laws, tho' different in Senfe, yet the lame in Sound, would have 
 them call'd I'beodortciance : But as Cironius obferves ', this Paranomafa would be 
 too infipid, if ^-iw/c^ had not likewife been call'd Uhcodorick ; whence the moft 
 learn'd Savaron * upon that Place of Sidontus ApoUinaris, demonftrates very clearly 
 that the true Name of this Prince had been i'beodorick : Grotitis afterwards in his 
 Nomenclature lets us fee, that this King was alio call'd Evarick, becaule he was the 
 firft among the Gotbifu Kings who made Laws ; Evarix fays he, alias E-varicus. 
 Ewaricb, legibus Pollens. In gloffis lex E'wa. 
 
 ' Orof. lib. 7- c. 28. 
 
 ^ Ifid. in Chron. i'Era 447. 
 
 ' Baron. Ann. torn. f. A. 468. num. 11. 
 
 * Greg. Tur. hift. Franc, lib. z- cap. 23. 
 
 ' Ciron. obf. Jur. can. lib. f. cap. i . 
 " Altef. rcr. Aquit. lib. y. cap. 15-. 
 ' Ciron. lib. 5". cap. t. 
 * Savar. inlib. 2. Sid. Epift. i. 
 
 SECT. I. 
 
 Of the A L A R I C K Code. 
 
 TH E Roman Laws underwent thele Abufes in the Reign of Evarick, yet manv 
 more by the Villainy oi Seronatus ; but fuch a Wretch being difpatch'd out of 
 the World, and Evarick dying afterwards in the Year 484. they fprung up afrefh, 
 and recovered their ancient Vigour i for the Sentiments o( Alarick Son of Evarick, 
 who fuccceded him in the Kingdom, were quite different ; forafmuch as the People of 
 the Provinces, who took it ill that they were deprefs'd, found that ACcefs toAlarick, 
 which they never had had to the Father. This Prince gave Ear to the Grievances of 
 the Aqttttauians, and his other Subjefts, who, to their great]Prejudice, having been 
 dcpriv'd of the Roman Laws under which they had been born and brought up, could 
 not be eafily reconcil'd to the T'beodorician. Befides he knew with what efteem they 
 had been receiv'd by 'Theodorick the Oftrorotb, who reign'd in Italy now in his Time, 
 whoie Daughter 'Tbeodelufia he had married ; for which Caufe his Son was call'd 
 after I'beodorick, which may be feen in Caffiodore, in that affectionate Letter he 
 
 wrote
 
 1 :o 
 
 wrote hiin 
 
 The Civil History of Book III, 
 
 Ke was therefore rciblv'd in the Tucnty-fecond Year of his Reign to 
 complv with him ; for which end having cholen the moft prudent Men, and the 
 mofl f imous Civilians who flourifh'd in his Time, over whom he let Gojaricus % jull 
 foas the Emperor Jiiftiiiuvi \rxd done by I'rehoninnus in the Compiling of the Pan- 
 dedti, and his own Code; he injoyn'd them, that from the Conftitutions of the 
 fheodoftan Code, and the Opinions of the various Civilians difpers'd in different 
 Books, they fliould form a new Code. And that he might not lelTcn the Majelly of 
 his own Empire, as if he fhould icem to ftand in need of the foreign Laws of other 
 Princes, for governing the People fubjedt to him, he order 'd that this new Code 
 fhoii!d be publidi'd in his Name, and that the Laws contain'd in it fhould receive 
 fiom him their Force and Vigour, that his Subjeds might be bound to obey them. 
 
 T H E mofl: efteem'd and famous Books, in which in thefe Times the Civil Law 
 of tlje Roi,/aiis was comprehended, if wc regard the Confl:itutions of Princes, were 
 the Gregorian and Henno^eman Codes, and that of ^heodofms w ith his No-ve/Ltj and 
 amoncr the Volumes of the Civilians, the Opinions of Paulus, and the Inftitutions of 
 CaJ2!3, were in greateft Vogue at this time; therefore by the Labour of theie able 
 Men \ from the Conftitutions of thefe Codes, from the Body of the Koicllx, and 
 from the Opinions of thefe Civilians, was this new epitomiz'd Code compil'd ; 
 whence therefore it was alfo, by the Writers of this and the folIowiiTg Age, call'd the 
 Breviary of the I'teodofian Code, which according to the Computation oiGotifredus "^ 
 was fini(h'd in the Year 506. Which Compilation is owing to Gojaricus and his 
 Collegues, and not to Anianiis Chancellor to Alarick, as JoJyn 'Tilly and Cujacins 
 tho'Jghr, who perhaps were deceived by what Sigebertus wrote K Anianus had no 
 hand in the Compofing of it, but only by the Order of Alarick it was publifh'd and 
 iubfcrib'd by him, in Ayre in Gafcouy, in the Council of both the Orders *, that is 
 to fay, of the Ecclefiafticks and the Nobility; for at this Time the third Order was of 
 iioconfequence nor Authority whatfbever in France''. Which Publication andSub- 
 Icription of Anianus is manifefl: from the Cummonitorium of Alarick directed to Count 
 Tnnethcus., which is plac'd before the Tbeodofw.n Ccxle, in which we read thefe 
 Words ^: Anianiis njir fpeSiabilis, exprcecepto D. N. gloriofijfimi Alarici Kegis^ huuc 
 Codicei/i de Thcodofuinis Icgibus, atque fentemiis Juris, njcl di'verfis libris eMinin.^ 
 Aduris Anno XXTI. eo Regnante edtdit, atque fuUfcripf.t. 
 
 SOME for the fame Confideration have believ'd, that at the lame time Auiamis 
 had compos'd the Notes on the Opinions of Pav.lus, and the Inftitutions of C.ijus, 
 as Decianus ' and Arthur Duck ■=, by a manifcft Error have written ; for in that 
 Breviary, befides the Laws pick'd out of the Theodofi.vi Code, there were likewife 
 put the Opinions of thefe Civilians by the abovemention'd Compilers, and not by 
 Anianus. And thefe Interpretations, which are oblerv'd in the Theodojlan Code, 
 ought not to be afcrib'd to Annianus but to them, as Gotifredus moft carefully ob- 
 lerves in the Prolegomena of that Code ". And 'tis alfo worthy of Obfcrvation, that 
 thefe Notes, and the Interpretations having been join'd to this Code, occafion'd a 
 Miftakc in the Writers of the following Ages ; that when they quoted the Laws of 
 this Code, they often quoted for Conftitutions of it, one of thefe Interpretations, or 
 Notes of Paulus the Civilian, as hath been taken Notice of by Savaron '- on Stdonius 
 ApoUmaris. Thus we fee Injo ofChartres '3, who floiirifti'd in the Year 1092. often 
 quotes for Laws of this Code, the Interpretations of P^«//;'i the Civilian : Gratian '•* 
 afterwards in his Decree makes many fuch Miftakes, as hath been obferv'd by Goti- 
 fredus ' ' ar.d others. 
 
 ' ^adlodcrc lib. ^ v.ir. c.i. 
 
 * Got. Til jjioV'tcm. C. Til. cap. f. num. 6. 
 3 Got. in {nolet;. C. Th. cap. y. 
 
 * Iblileni. 
 
 ' tji^cbcr. (le Eccl Sciip. c 70. AniaHus vir 
 fpcShibilis, }ubcn:c Alarico R. volumen unum 
 cc 1; j;!btK ThcoJofii Imp. cdir. 
 
 6 Cioc.in/pro!c-<;nni. cap y. 
 
 7 \/)'j\eii'-i Jes Qiilrcs. 
 
 * Alter, ioc ck. Ciron. lib. f. obf- Jur. can. 
 
 cap 2 Goclfr. in pro!eg. cap. f. 
 
 ' Dccian in Apolog. adverf. Alciar. 1. 2. c. 7. 
 
 '° Arth. Duck, lib. 2. cap. 6. num. 14. 
 
 " Got. in pioleg. cap. f. 
 
 " Suvar. fup. Sidon. lib. 2. Ep. i. 
 
 '^ Ivo Carnuc. tp. 1 12. quod c\ legib. ThcoJ, 
 laudat, id hubcatcx inter, ad Paul. 5-. Sent. 1 1. 
 
 '■* Gratian. 2. qu. 6. c. id ex Interpr. in j". 
 I'aul. Sent. tit. dc cau. & pornis Apsicl. 4. i. 
 
 '* Got. in prolo;;. c. 6. 
 
 SECT.
 
 Book lir. the Kingdom of NAPLES. 
 
 Ill 
 
 SECT. II. 
 
 Of the I'ianjlation of the Royal Seat of the W'cftrogoths ftom Thouloule 
 
 /;/ France, to Toledo ;;; Spain. 
 
 THIS was the alternate Fortune which the Roww;; Jurifprudence ftifFer'd by 
 the IVeftrogotb Kings ofl'houloiife, who rul'd in Aqiutaine and many Places oY 
 Gallia, befides the Provinces of Spatu. But fuch is the \ iciflitude of human Things, 
 that Alaricky who after Three and twenty Years Reign, hadfo well eftablilh'd his King- 
 dom in France, that he had no Reafon to think he was to be the lalt King oil'boulonje, 
 was depriv'd both of his Kingdom and Life, and with him the Dominion of the 
 Goths in Gallia was extinguifh'd. Chvis King of France, whether out of Zeal for 
 Religion, or for Realbns of State, was much vex'd to have Alarick for a Com- 
 panion in the Empire of the Gallix '. Alarick was truly Arian, as all the Gotbs 
 were : And Clovis burning with Zeal for the Catholick Religion which he had lately 
 embrac'd, relblv'd to make War againft him, and to drive him out of Gallia : 
 Thus did this Prince, as we read in Gregory of Tours ^, (peak to his Soldiers, Valde 
 tnolefie fero, quod bi Ariani partem teneant Galliarum, eannis cum Dei adjutorio, ©" 
 fuperatis redtgamus Terram in ditioncm noftram : And having aflembled his Armies, 
 he attack'd the Frontiers of the Gotbs, and in the Fields of Pique came to a fierce 
 Engagement, where Alarick being thrown off his Horfe, Clovis kill'd him with his 
 own Hand. The Gotbs being in the utmoft Confternation by the Death of their 
 King, were difpers'd, and almoft quite deftroy'd. Clovis triumph'd, and took many 
 Cities and Caftles ; Tbeodorick his Son retiring to the inner Parts o£ Aquitaine, all 
 thefe Cities fubmittcd to him : Clovis enter'd 'Thouloufe, which had been the Seat of 
 the Goths for a long time, with triumphal Pomp, where he took all Alarick' s 
 Treafure. Thus ended the Dominion of the Goths in Aquitaine ; and at the lame 
 Time, we may fee the Hand of the Lord, how he transfers Kingdoms from one 
 Nation to another. 
 
 CLOVIS having conquer'd all Aquitaine znA'jthouloufe, Spain, and a Part of the 
 Province of Narbonne remained under the Empire of the Gotbs ; for the latter of which 
 there was for a long time War betwixt the Gotbs and French : And tho' the French 
 at laft became Mafters of it, yet in the French Narbonne, as Grottus lays % the 
 Gotbijlj Blood is not quite extinft, neither is there wanting of the Lineage of the 
 Balti, the Family of the Baux, being ftill extant there, who derive their Origin 
 from none elfe, but from thefe Gotbs ; and they pofTefs yet in that Province, a 
 Part of the Principality o{ Orange. Another Branch of this lame Family was tranl- 
 planted from France into our Kingdom oi Naples, who with us are call'd Baucio or 
 Balzo, which poffefs'd the Principality of Altamura, the Dukedom of Andria, and 
 the County of yfi;e///?;o J for which we lliall leek no better Voucher, than Grotius 
 himfelf J thefe are his Words, Altaque cjufdem familiit propago in Regno Neapvhtano 
 Principatum Altamurx, Ducatum Andri<t, Comttatum Avellina, 'virtutis non degcne- 
 rantis monumenta tenuit. 
 
 THE IVeflrogoths being driven from 'Thouloufe and France, fix'd their Royal Seat 
 in Toledo in Spain. There they polTcfs'd the Kingdom a long Time, until tlie 
 aftonifhing and terrible Irruption of the Saracens. Gcfalarick held it, and after 
 him Theodorick the Ojtrogoth King of Italy, who being defirous of returning to Italu 
 left it to Amalarick his Nephew. Teudius likewiic kept it und'er Jujimian the 
 Emperor, little lefs than i8 Years ; and after him Tcudifcolus one fingle Year ; Agila 
 five; At anagtldus fourtf^en i and after his Death, which happcn'd in 3o/f(^o, Liuba*. 
 
 ' Goldaft. torn. i. Coiift. Imp. relates the 
 Complaint of Theodorick King of Italy, againfl: 
 Clovis, calling him anUfurpcr and Tyrant, bc- 
 caufe without jul'c Caufe he had made War on 
 Ala.ick. 
 
 ^ Greg. Tur. lib. 2. hiTr. Franc, cap. 3. 
 
 ' Grot, inprolcg. hift. Gor. 
 
 '' Hid. .<T.ra $■92. Grot, inproleg. hift. Got 
 
 I. I 
 
 Leovigildus
 
 112 The Civil History of Book III^ 
 
 Leovigildus his Brother fucceeded liim in the Kingdom, a Prince of a deep Reach, 
 and who was altogether intent on Inlarging the Bounds of his Empire. He 
 conqucr'd the Cautahrimis, who are the People o^Btfcay, and the Navarrians^ he 
 fubdu'd Amaya and many other rebel Cities ; for which he was call'd the Conqueror, 
 having conquer 'd a great Part oi Spdiii : Nam antea Gens Gothorim (as Ifidore{iLys ') 
 iina-nftis fiuibiis arihibatur. But all his "Virtues were eclips'd by his Perfecution of 
 the Catholicks, and the Fiercenefs and Cruelty of his Temper, not pardoning even 
 Heriiionegildus his own Son. 
 
 ' Ifidor. /Era 606. 
 
 SECT. III. 
 
 Of the new Code of the Laws of the Weftrogoths. 
 
 TH E Roman Laws were not in great Efteem with all thefe Princes, and much 
 lefs with Leovigildus, who being of the fame Sentiments with E'varick, would 
 add fbme others to his own Gcthick Laws ; and what of thefe he thought were out 
 of Order, or fuperfluous, he mended or left out, or put in better Method : 
 Jn legihiis qiwque (fays Ifidore ' ) ea qua ah E'varico inco7idite confiituta 'videbantur, 
 cor resit, flurimas leges pnetermifflis adjiciens plurefque fiiperflv.as atiferens. This Prince 
 likewife increafed his Revenue very much ; and after eighteen Years Reign, 
 dy'd in 'toledo his Royal Seat, in the Year 586. 
 
 HIS Succedbrs had the fame Opinion of the Ro;;/^«Laws : Keccaredtis his Son (who 
 was the firft that forfbok Arianifm, and embrac'd the Catholick Religion, for which he 
 was call'd the Catholick King, a Surname afterwards taken by Alphovfus and 
 Ferdinand, Kings of ^rr^j^oK, and their Succeffors) Liuba 11. U'itterick, Guudemare^ 
 Sifebutns, Kcccarediis II. Snjintilla, Sifinandus, Cintila, ^v.lca, Chiiidefinndus, all 
 Catholick and Religious Princes, adding their own Laws to thofc of their Prcde- 
 cefTors, in procefs of Time this new Code fprung up, and was call'd the Laws of the 
 IVefirogoths \ Of the Laws contain'd in it, fome bear the Names of the Authors in 
 the Front, fuchas King Gundemare's, and fb of the rcfl who reign'd after £i'^;vc^ 
 and Leovigild: Others are under the Title of ancient Law, which may be afcrib'd 
 to E-varick, or rather Leovigild, who corrected and increas'd his Laws. The 
 Authority of this Code was fo great, that it eclips'd the Splendor of the Roman 
 Laws altogether in thefe Provinces ; for Chindepvind ^ King of the Wcftrogoths, 
 who fucceeded 'Ti'.lca, publifh'd an Edid: by which he banifli'd the Roman Laws 
 intirely out of his Kingdom, and ordain'd, that only this Code fliould be obferv'd, 
 under a vain and flupid Pretext, becaufe they requir'd a too fubtile Interpretation. 
 Thefe are the Words of the Edift •*, Alicnx gcntis legibns ad excrcitii'.m v.tilitatis 
 inibtii, & permittimus, S optamiis ; ad negotiorv.m vera difcujjionem , £5' refiiltaimis, S 
 prohibejiiiis. 3itamvis enini eloqtiiis polleaut, tan/en difficiiltatibns bareut : adeo cum 
 fiifficiat adjnflittce plenitiidinein ; y prxfentatio ratiouum, & coi>/peteiitium ordo "verboriii//, 
 quic Codicis hujus feries agnofcittir coiitinere, nolitnms, five Ronianis lcgibtfs,/ive alieiiis 
 injlitntionibiis a niodo ainplins convexari. This Conflitution by theMiflake oi Bencdi^ 
 Levita, having been regiftred amongft the Capitularies of Charles the Great, made 
 Gonfalez believe ', that Charles had been the firlt \\\\o banifh'd theUfe oi the Roman 
 Laws from the Courts ofjuftice. Recifiiivd his Son, who fucceeded him in the 
 Kinc^dom, renew'd the Injunctions of his Father, and order 'd, that no other Laws 
 but what were contain'd in that Code fhould be obey'd, whether they were Roman 
 or 1'beodofian, or of any other foreign Nations. Nulliis, faj-s he, prorfiis es omnibus 
 
 * Leg. Wifigotli. lib. 2. tir. i. c. 9. 
 ' Gonfal. in c. fupcr Specula, de privll. 
 num. z. 
 
 Regiii 
 
 
 ' Ifid. In CI1 
 
 ron. JE 
 
 ra 60S. 
 
 
 
 
 
 
 - Ciron 
 
 lib. 
 
 5" obferv. jur. 
 
 can. 
 
 cap. 
 
 2. 
 
 
 
 ' Ahef. 
 
 rcr. 
 
 Aquit. 
 
 lib. ; 
 
 cap 
 
 . II. 
 
 Got. 
 
 in 
 
 p 
 
 loleg. C. 
 
 Th. 
 
 cap. 7. 
 
 
 
 

 
 Book III. the Kingdom of N A P L E S. 
 
 11 
 
 3 
 
 RegHt uojhi prxter htinc libruiu^ qui. ntiper eft editiis^ atquc fcctindum fericm biiJHi 
 omniniode ti\mjlatum^ allum librum quocnuque mq^otio in jiidicio offcrrc pertiiiet '. 
 Recifiiind reign 'd thirteen Years after the Death of his Father, and died in i'olcdu 
 in the Year 672. % and Vamba was chofen his Succelfor. 
 
 NEVERTHELESS 'tis true, that this Code, in Emulation of that o(J/i/li)ihiii, 
 was compil'd and divided into twelve Books. The Compilers had the Thcodofian 
 Code likcwifc by them, and that of Alnrick,^ as is clear from the Conititutions which 
 we read in it K Befides the)- made ul'e of the Jujitnian Code in computing * the 
 Degrees of Confiiiguinity in the fame Order, andalmoft in the flime Words, which 
 "Jnftintan made ufe of in the Books of his Inftitutions ■., and which is more re- 
 markable, it was written in pure La!t)i, and not in that infipid and barbarous Stile, 
 •which othcr'Nations ufed ; from which Cujacius "• concludes, that the Goths were the 
 moll polifh'd of all other Nations : And luch was the Authority of this Code, that 
 it not only had Force and Stability amongft the H'ejiyogoths^ but alfb among other 
 Nations, fuch as the Burgi'.ndicjns and Saxons. In the Council of T'oledo^ its Con- 
 ftitutions are often quotedj and honourable mention made of them ; fb that the 
 Koiiian and Gotbijlj Laws were blended in fuch manner, that not only in this Age 
 but alfo in the following, they were obferv'd, as well by the Gotbs as the 
 Saracens^, who after the Year 715, having over-run .5^^/?/, retain'd them ; neither 
 did they introduce new Laws, excepting Ibme few concerning Criminal Matters, 
 fuch as blafpheming their falfe Prophet Mahomet ; and at laft, thefe being driven 
 out, they were retain'd by the Kings oiSjkun themfelves, as Grotiiis ', from the Te- 
 ftimony o£ Roderick, writes, till the Reign oi Alphonfus IX or X, who, the GothiJJj 
 Laws being almoft wore out by difufe, introduc'd the Ron/an into Spain, which 
 he caus'd to be tranflated into the Spanijh Language by Peter Lopez and Barthc- 
 lomeiv of ylrienza, and publifli'd them, which to this Day are in Force *. 
 
 W E owe this Code of the Laws of the IVcftrogoths, to the Care of Peter 
 Pitbeiis, who was the firft that communicated them to Jacobus Cujccitis, for 
 which Favour he own'd himfelf much beholden : Take his own Words for it ' j 
 Gothorum five IVifigothonm Reges, qui Hifpaniam £5' Galiciam 'Toleto Sede Regia 
 temierunt, edideriint XII. Conftitiitionmn libros, amiilatione Codicis Jiiftiniani, quorum 
 atithoritatc titiiimr fepe lilenter, quod fait in eis omnia fere petita ex Jure Ci'Vili, 
 t' Sermone Latino confcripta, non illo tnfulfo cxterarum gentium, qiiem nonnunquani 
 legtmus ingratis : ut gens ilia viaxinic, qux cnnfedit in Hifpania plans cultior 
 cxteris, hoc argumento fuiffe videatur. Covimunicatit autem viihi ultro Petrus 
 Pitheus, quern ego hominem, S fi amore, & perpetuo quodam judicio meo dilexi- 
 femper vix jam ex ephebo profatus fore, ut probitate, ^ eruditione cequalium 
 fuorum, nemiiii cederct : tamen pro fingulari ifto beneficio, maximam inodo animi 
 bcne'volentiam, & fumma, ac fingularia Studia omnia me ei dehere confiteor, idemq-^ 
 erit erga eum animus bonorum omnium, fi, quod 'vebemsnter exopto eos Itbros in 
 publicum conferre viatura'verit. W^hat Cujacius wiflied ib much for, Pitheus had 
 already done ; for not long after, he allow'd it to be put to the Prels, as he fays, 
 writing to Edward Moleus j Imo etiam, nc quid Orienti Occidens de eadem gente 
 invideret, legis irifigothorum libros XII. ut tandem aliquando ederentur, conceffi '". 
 To the fame Perfon we are likewife indebted for the Edidl of I'beodorick the 
 OJlrogoth, King of Italy, of which we fhall fpeak by and by. 
 
 Altho' Spain was afterwards invaded by the Saracens, the Name and Blood of the 
 Goths were not quite extinguifh'd, neither were their Laws. The greateft Part of 
 the Nobility of that Kingdom, bragg'd very juftly, not only of their Blood, but alfb 
 of their Names ; and indeed, as Grotius " obferves, Ferdinand, Frederick, Roderick, 
 Herman, and fuch like Names, are all Gothijh, and the Spaniards ftill retain them. 
 
 ' Cod. LL. Wifig. lib. 2. tir. i. cap. 10. 
 Cot. in Proleg. C. Th. cap. 7. 
 " Got. loc. cir. 
 
 ^ Cod. LL. WIGg. lib. 5. tir. f. cap. 9. 
 C.Th. de Ufuris. C LL. Wilig. lib. 3. 
 I. cap. I, 1. un. C. Th. de Nupt. 
 •* LL. Wifig. lib. 4. cap. II. 
 
 * Cujac dc Feud. lib. 2. tit. 11. 
 
 * Ar:h. Duck, lib. z. cap. 6. num. if. 
 
 ' Grot, in Prokg. Hif}. Got. poftquam c Sa- 
 racenorum manu jecuperari paicci llifpanix 
 
 lib 
 
 lit 
 
 cxpere, rcfufcitatx a vcrcmundo, Adclfunfo, 
 Derdinando, ut Rodcricus noS docct, Gotliicae 
 logcs : cjuarum Corpus ['oium judicum, & olliu 
 Si nunc dicitur fons vcius Hilpanici juris. 
 
 * Corvar. lib. i. var. rclbl. cap. 14. num. 5-, 
 Arth. Duck, loc.cit. num. 16. 
 
 '■' Cujac. loc. cit. 
 
 '° Pireus ad Ldvard. in op. Prxpodta aj 
 Ldiftum Thcodorici in opcr. Calfiod. 
 
 " Grot, in Piolcg. Jilill. Got. pag. f. 
 
 Th8
 
 1 2 4 The Civil History of Book HI. 
 
 The Kings of Spain themfelves boaft, and will have it believ'd, that thev are 
 dciccndcd of Pchgius Son of Eivilhr, come of Kingly Race, who upon the 
 Invafion of the Saracens, gathering together the Remains of tlicir People in 
 jiiiflria, maintain'd himfelf there, altho' with a flender Fortune, yet with a Royal 
 Title, hoping, that fome time his Poflerity might recover the Kingdoms of their 
 Forefathers, as it fell out afterwards ; Jd himc^ as Mariana fays, Htfpamx Reres 
 nunquam intercifa ferie^ ciira femfer^ aut parcntibtis filii, atit fratres fratrtbtts 
 fucceprint, clariffimiin genus referunt. Frouliha, Wife of Pelagius, was a Gotb^ 
 and her Son-in-law Adelphonftts was likewife a Goth of the Blood of Reccared. 
 They were then of the Royal Race of the Balti. The Kings of Spahiy who in 
 the Space of feven hundred Years, with unwearied and continual Fatigues, had 
 pur^^'d Spain of the Arabick Inundation, at laft extended their Dominion not only 
 over a great Part of Europe, Africa, and Afia, but fubjeded a new and unknown 
 World, and likewife for a long Series of Years govern'd thefe our Provinces, 
 which at this Day compofe the Kingdom of Naples. 
 
 W E have thought fit to inlarge fomewhat on the Race and Succeffion of thefe 
 IVeJirogotb Princes, and the alternate Fortune the Roman Jurifprudence had amongft 
 them in France and Spain, that we might fpeak feparately of what happen'd 
 among the Oftrogoths in Italy ; not only by adding the Origin of the Kings of Spai}iy 
 by whom, in the Ages lefs remote from us, our Kingdom hath been go- 
 vern'd ; but alio by diftinguifhing the Viciflitudes of the Roman Jurifprudence 
 amongft thefe two Nations, who had not the fame, but altogether oppofite and 
 different Sentiments of it. And it was the more neceffary, becaufe Writers jumble 
 the Laws of the one with the other ; not minding the Series and Genealogy of 
 thefe Princes, and the various Habitations they had, by which they confound the 
 one with the other, and believe, that this Code had likewife Authority in Italy 
 among the Oftrogoths, in afcribing to th&Oftrognth Princes what the IVeftrogcths did : 
 Into which Error we are furpriz'd that the careful Arthur Duck fhould have 
 fallen '. 
 
 ' Arth. Duck, de Ufa & Aut. Jur. Civil, cap. 6. num. 14. 
 
 C H A P. V. 
 
 Of the Eafiern GOTHS, and their Edicts. 
 
 ' F the Oftrogotb Princes of the illuflrious Houle of Amali, Jornandes 
 ' hath given a long Series in his Hiftories ' : Before Hermanarick he 
 reckons Six, Amalus, Ifarna, Ofirogota, who flourifh'd during the 
 Empire of Philip, Cntva, Ararick, and Geperick. Hermanarick was 
 he, who extended the Bounds of his Kingdom further than all the refl, 
 and fubjedled many Nations. He was a Prince of very great Cou- 
 rage, but much more fortunate : His Death was a great Lofs to the Oftrogoths, for it 
 occafion'd the IVeftrogoths to fcparate themfelves, and in the Reign of Valens the 
 Emperor, to choofe Fridigern for their Captain, and afterwards Atanarick for their 
 King, and after him, in the Reign of Honorius, Alarick, the Series of whofe Suc- 
 ceffors, who reign'd firfl in France, and afterwards in Spain, we liave above 
 
 ' Jornand. Hift. Cot. cap. 48. Grot, in Proleg. Hlft. Got. 
 
 related.
 
 Book III. ?Z?^ K I N G D o M 0/ N A P L E S. 125 
 
 related. IVinitariu^^ of the fame Race of the Amali, fucceedcd Hermanarick ; but 
 tho* he retain'd the fame Princely Enfigns, neverthclefs, the Oftroa^oths continued 
 fubjeft to the Iliiiis, becaufe of their refiding in their Country. Wherefore 
 IVnutmius^ not patiently bearing the Government of the Huns, by degrees, with- 
 drew himfelf from under their Yoke, until he made himfelf Maftcr of the Perlbn 
 of Bos their King, his Sons, and of feventy of the principal Lords of his King- 
 dom ; and for a terrible Example to the reft, he crucified them all, and for many 
 Days left their Bodies hanging to be gazed on j but he enjoy 'd the Freedom of 
 the Government he had purchas'd, but one Year only, for King Balambrus 
 declared War againft him, and was in the firft and (econd Battels defeated with 
 a great Slaughter of the Huns^ but in the third, li'initarius was kill'd by the 
 Stroke of a Dart that pierced his Head, and which Balambrus himlelf threw at 
 him. 
 
 THE Oftrogotbs^ in Confufion and Confternation on the Death of their Prince, 
 fubmittcd to the Government of Balambrus ; but this Prince having married IVal- 
 daniarca. Niece of n'initaritis, they receiv'd many honourable Conditions of 
 Peace ; fb that altho' they continued fubjeft to the Huns, yet by their Direftion 
 and Permiflion, they never failed to chufe their own Kin?, who govern'd them. 
 Therefore after the Death of IFtnitarius, Unir,iimdiis^ Son of the late famous and 
 powerful King Hermanarick, was chofen. To him fucceeded 7'orrifmondns his Son, 
 a valiant and worthy Youth, who often gain'd great Vidories over xheGepides; 
 whole Memory was fo dear to the Ofirogoths, that, after his Death, they con- 
 tinu'd forty Years without a King ; after which time they chofe li^alamirus . Wala- 
 tnirus was the Son of IVandalarius, delcended from a Brother of Ilernmuarick, and 
 therefore Coufin German to 'Tcrrifjuond '. This King had three Sons, IVc.lijmiriiSy 
 ^beodemirtis, and IVindemirus, in whom the illuftrious Family of the Amali was 
 preferv'd. IValamirus was affumed to the Kingdom : and Ibch was the Love and 
 Gratitude amongft thefe Brothers, that they mutually aflifted one another, in order 
 to keep Peace in the Kingdom. Neverthelefi they were fubje6b to Attila King of the 
 Huns, whofe Commands they were obliged to obey ; neither durft they refule 
 to fight often againft the IVeftrcgctbs, their Kinfmen, thus bearing the NecelTity of 
 Subjedtion, under which they were. 
 
 BUT the Dominion of the Hims in the Eaftern Parts, on the Death of their 
 gallant and invincible King Attila, fail'd in a lamentable manner; for this Prince, 
 by his many Wives, had a prodigious Number of Sons, who all fighting and con- 
 tending for the Succeflion, intirely loft it ; for Adarick King of the Gepides, taking 
 Advantage of their Contentions, made a milerable Slaughter of them, and 
 difpers'd them in fuch a manner, that the other Nations who were fubjedl to the 
 Hum, by fuch prolperous Succels, were able to throw off the Yoke of their 
 Servitude, and, together with the Gepides, had recourle to Martiamis, who then 
 govern'd in the Eaft ; begging, that he would be pleafed to diftribute thole 
 Countries among them, which they by their own Valour had withdrawn from under 
 the Tyranny of the Huns. 
 
 MAKTIANUS had fucceedcd to ^heodofius the Tov.nger in the Empire of 
 the Eaft in the Year 450, who moft willingly taking them under his Protecftion, 
 made Peace with them, affigning to the Gepides all Dacia, which had been the 
 Seat of the Huns, from whom they had recover'd it. The Goths having ob- 
 ferv'd, that the Gepides were not to be eafily conquer 'd, in order to have no 
 Dilpute with them, chofe rather to have fome other Countries of the Roman 
 Empire afligned them, which was granted ; lb that they lettled in Pannonia. The 
 Bounds of Pannonia at this time were, towards the Eaft the Upper Mejia, towards 
 the South Daltnatia, towards the Weft Noricum, and on the North the Danube : 
 A Province adorned with many Cities, among which Sirmium was ijhe chief, where 
 the Emperors ufed frequently to refide. 
 
 THE Ofifogciths then having transferr'd their Seat into Pannonia, liv'd a long 
 time under the Dominion of IValamire their King, and I'heodomire and IVidemire 
 his Brothers ; who, altho' they were divided as to Places, which they fharcd 
 amongft themfelves, yet neverthelels they were, in Councils and Delibera- 
 tions ftridtly united ; fo that Pannonia feem'd to be ruled and governed by one 
 
 Grot, in Proleg. Hift. Got. 
 
 M m fingic
 
 J 2($ The CivlL History of Book III. 
 
 finale Perfon only '. Thefe Brothers often repell'd the Forces which the Sons of 
 Attila brought againft them, who accounted them Defcrters from their Dominion, 
 for which Caufe they often attacVd them, until they were defeated by li'alamirc^ 
 and confin'd to Scytbia. At that iame joyful Time, when the Vidory wasobtain'd 
 over the Sons of AttiLi, ^beodoviire had his Son I'bcodortck born to iiim, who from 
 his verv Cradle gave great Expedtations. By his noble Manners and excellent 
 Virtues,' being much in fa\our with the Lmperor Zeno^ he had the good Luck for 
 many Years, With Royal Title, to rule Jtaiy and thefe our Provinces. 
 
 T H h Peace, in the mean time, betwixt Martiauus the Emperor, and IValaniire 
 and his Brothers, continu'd firm and fecure ; but they being offended, that at the 
 Imperial Court in Coufrauttiiopk, a certain ^bcodorick, the Son of a ^■eteran Sol- 
 dier, tho' a Goib, but not of the Race of .-/w.?//, had gain'd the Hearts of every 
 Bod'v, and that the Emperor had themfelves in no Efteem, and with-held the 
 Peniions which the Empire ultd to pay them ; immediately took up Arms 
 againft the Empire, and turn'd all Ihings topfy-turvey in Dalmatia and lllynctim. 
 Immediately the Emperor chang'd his Mind ; and in order to make them his Friends, 
 fent Ambaifadors to fettle a more firm and lafting Peace, offering them not only 
 thofe Penfions, which for the Time paft had been deny'd them, but likewife all they 
 could claim to that Time, obliging himfelf alfo to keep up a Correfpondence with 
 them for the Time to come, provided they would keep themfehcs within their own 
 Bounds, and not make War againft the Empire. The Conditions were agreed to ; but 
 the Emperor for the greater Security, would have the Infant I'heodorick, Son of fbco- 
 domire, for Hoftage. The affedionate Father would not confent to it, not being able 
 to fuffer fuch a dear Pledge to be taken from him ; but at laft being perfuadcd by the 
 Intreaties of his Brother Ifalairiire, he agreed to it : So there was lettled betwixt the 
 Goths and the Koh,aus a firm and ftable Peace, of which fkeodorick was the Pledge, 
 and was carried to ConfiaiHinople, and put in the Hands of the Emperor Leo, who 
 had fucceeded to Martian in the Eaft, who lov'd the Child becaufe of his Comelinefs 
 and gentile Manners, more than he did his own Son. 
 
 THE Goths then having made fuch a firm Peace with the Romans, turn'd their 
 Arms againft feveral Nations who border'd with them j but while iValamire was 
 fi<jhting gallantly againft the Scythians, he was thrown off his Horfe and kill'd. 
 Therefore the Goths, in order to revenge the Death of their King, fought fo boldly, 
 that they fubdu'd them altogether, ^beodomire made War likewife againft the Sacvi 
 and the Germans, whom he cruelly butcher'd and difpers'd, and had almoft extinguifti'd 
 them ; And whilft he was returning tri umphantly to Pannonia his Seat, his Son I'heodorick, 
 who had been given in Hoftage, return'd from Conjlantinople loaded with Prcfents, being 
 difmifs'd by the Emperor Leo, that he might enjoy full Liberty in his paternal Soil. 
 
 T'HEODO KICK being return'd into Pannonia, and fcarcely out of his Child- 
 hood, not as yet eighteen Years old complete, began to give Signs of incredible 
 Valour: Having, without his Father's Knowledge, gathered together many Troops 
 of thofe who were moft affccSionate to him, being very near Sixthoufand, hepafs'd 
 the Danube, and waged War againft Bahai King of Sarmatia, who a little before, 
 had triumph'd over Canmudns a Ron/an Captain, whom he defeated, and kill'd ; 
 having got a compleat Victory over him, he likewife furpriz'd the City Semandria, 
 which had been poflTefs'd by the Sarniatians ; but did not reftore it to the Romans^ 
 but fubjccted it to his own Kingdom. 
 
 W HI L S T the Goths were thus preying upon their Neighbours, and the Defire of 
 inlarging their Bounds, and to go in queft of more commodious Habitations 
 in other Parts grew the greater ; H'tdemire was making himfelf ready with his People 
 to pals into Italy, which he did, but he had fcarcely arriv'd there, when all his 
 Defigns were blafted by unexpeded Death : He was fucceeded in the Kingdom by 
 his Son, who was likewife call'd ll'ideniire, and who being advis'd by Glicerius, who 
 then reign'd in the Weft, from Italy diredled his March into Gallia, and join'd 
 himfelf to the IVefirogoths his Kinfmen, with whom he was able to clear Gallia and 
 Spam, of many Nations wherewith they were infefted, and to defend thofe Provinces 
 againft the Invafion of the Vandals. 
 
 ON the other Hand, 7'beodomire his Uncle, with ^beodorick his Son, being 
 fpurr'd on by Gczerick King of the Vandals, march'd with their Army towards 
 
 ' Jornand. loc. clt. 
 
 Dalmatia
 
 Book III. //;^ K I N G D o M 0/ N A P L E S. 1 27 
 
 DaliiJjtij and Illyricum, took Neijfa the Capital City of that Province, and after- 
 wards Ulpianuvj, and all the other Places, the' reckon'd inacceflible ; he fubjedLd 
 Heraclea and Larijfa, Cities of I'heffaly^ to his Dominion : He went further, and 
 pretended to take 1'hejfalonica : Clarianus a Patrician and Roman Captain, was 
 Governor of that City, who being fb unexpectedly catch'd napping by Tbcodomire^ 
 and confidering that his Forces were not fufficientto refift him, fent him Ambafladors 
 with many Prefents, defiring that he would give over Thoughts of befieging that 
 City. The Conditions of Peace were foon agreed to, by leaving to the Gotbs all thofe 
 Places which had lurrender'd to them, to wit, Ceropellas, Europus, Mediana, Petiiia, 
 Beretis, and the other Countries of Illyricum, where the Goths with their King, 
 laid down their Arms, and took their Reft. Not long after T'beodomire became 
 grievoufly fick, and having conven'd the Goths^ and appointed 7'keodorick his Son 
 for their King, and his Succeflbr, ended his Days lamented by all '. 
 
 ' Jomand. de reb. Get. 
 
 SECT. I. 
 
 of Theodorick the Oftrogoth, Ki)ig of Italy. 
 
 WHILST /M/y, by the Death o£ Kr/entinian III. which fell out in the Year 
 435 ', and the Change of fo many Princes and Emperors was all in a Con- 
 vulfion, and milerably afflidted ; Maximns^ Author of the infamous AlTaflination, 
 caus'd himlelf to be proclaim'd Emperor of the Weft, and marry 'd Eudoxia Wife of 
 Valentinian^ and Daughter of 'theodofms ; but having difcover'd that he had been 
 the Author of the Death of her firft Husband, ftie calTd from Africa Genferick King 
 of the Vandals, who with a powerful Army came into Italy, and enter'd Korne^ 
 which he deftroy'd and plunder'd ; and while Maximas was making his Elcape, he 
 was ftoned and tore to pieces by the People. After Genferick had over-run many 
 Provinces, he retir'd with a Defign to leave Italy, and return to Africa : He over- 
 run our Canipania, laying it all wafte and in Confufion, took Capua and Nola, and 
 deftroy'd and pillag'd many Cities of this Province ; from thence he return'd to 
 Carthage. Ai'itus during thefe Commotions by the Favour of the IVeftrofipths cauftd 
 himfelf to be proclaim'd Emperor in France, but he very foon quitted the Purple ; 
 for the Emperor Martianits, who, as we have faid, had fucceeded to 'fkeodofius the 
 Totinger in the Empire of the Eaft, hearing of the Death of Maximus, ibiicited the 
 Senate and the Soldiers to make Majorianus Emperor, which was done in the Year 
 457. Majorianus not long after, was murder 'd by the Means ofSeverus, who intruded 
 himfelf into the Empire ; but the third Year was not over, when he was put to Death 
 by Kicovierus, who fix'd Antemius in his Place ; he likewife had the Favour of Leo, 
 who in the Year 457. by the Death of Martiantis, had fucceeded in the Empiteof 
 the Eaft. But Kicomeriis having afterwards declar'd againft Antemius, he was 
 likewife put to Death in the Year 472. and OUhrius put in his Room, who reign'd 
 only eight Months ; and Glicerius, more by his own Strength, and the Afliftance of 
 the H'efirogoths, than by a free Eledion, was declared Emperor in Ravenna. But 
 his Empire icarcely lafted one Year, when Julius Kcpos, in the Year 474. caus'd 
 him to be depos'd, and took the Title of Emperor himlelf : Orefles being appointed 
 by him General of his Armies, rebell'd againft him, and caufed Augujiulus his Son 
 to be declar'd Emperor in Ravenna. 
 
 FOREIGN Princes feeing fo much Confufion and Difordcr among the Romans, 
 thought fit to take Advantage of it, as Evarick the IVefirogotb, and many more had 
 already done ; but during the Reign of Augujiulus Dilbrders growing more and 
 more, the Ileruli and the Thuringi, under Odoacre their Captain, being likewife 
 invited by the Friends of Nepos, at laft made themfclves Mafters of Italy : Orefles 
 was put to Death, and Augujiulus, depriv'd of the Empire, was banifti'd to Naples, 
 
 ' Pagi DiiTert. de Confulib. p. 288. 
 
 where
 
 1 1 8 The Civil History of Book IIL 
 
 where he was confin'd in the Caflle of Lticiillus, whicli is now call'd 0-vo '. 'I hus 
 was the Empire of the Koviaus in the Weft, cxtin^isiHi'd in Augiijlv.li'.s in the Year 
 476. which made Jornandes fay, SU quoqtie Hejperhm Roiihuia gent is In/pernm, 
 quod Septiuzentefimo vigcftian tcrtio nrhis couditx aiiuo, primus Angiijhvi'.m Oiia'vianus 
 Aiigufttis tenerc ccepitj cum hoc Augiiflulo ptriit, aiim decefforiun^ prxdeccjlforuiuque 
 Refill qunigentefimo jexto ; Gotbortwi dchinc Keg: bus , Roiiiani^ Italiamque teiieutiljus. 
 In'his Perfon alfo ended the Title of Enjpcror of the Weft, becaufe Odoacre having 
 made himfelf Mafter oi Italy, took no other Qiiahty upon him than that of King. 
 
 ODOACRE held the Kingdom of Italy, according to Jornandes, little iels 
 than fourteen Years ', till the Year 489, when ^beodorick the Ojirogotb expell'd 
 him, and confin'd him to Raicwia, where he was clofely befieg'd. Neither //<^/7, 
 nor thefe our Provinces, ever had more miferable Times, tlian thofe from the Death 
 ofValeiitiiiian III. to the Reign of I'beodorick ; if we will but confider what Detri- 
 ment the Change of Princes or Government brings upon a Common wealtli or King- 
 dom, we may eafily imagine how much thcfe our Provinces ^fiiffer'd in inch Times 
 by the Change of fb many Princes and Emperors. All was in Dilbrder, all in 
 Confufion, and every Thing turn'd toply-turvy ; the Laws were contemned, and 
 Juftice yet more. The Emperors, who were ib often made and unmade, thought of 
 nothing lefs: Only {ome Novellx of Mart/anus, Major i anus. Sever us, and Antcmtus, 
 have reach'd us, which were coUedted by Gotifredus, which we fee printed at the 
 End of his I'beodofiau Code. But i'beodorick having taken upon himftlf the Govern- 
 ment of the Kingdom, deferv'd much Commendation, for he was the firft who put 
 an end to fo great Calamities ; fo that in the Space of little Iels than Thirty-eight 
 Years that he reign'd in Italy, he reftor'd it to fuch Grandeur, that the late Misfor- 
 tunes and Defolations were no more perceiv'd ; forafmuch as he governing it accord- 
 ing to the Inftitutions and Laws of the Romans, reftor'd it to its ancient Splendor 
 and Majefty. For which Caufc it becomes us to give a particular Account of the 
 Atchievements of this mighty Prince, to whom thefe our Provinces which now 
 compofe the Kingdom of Naples, are much indebted. 
 
 1'HEODORICK after the Death of iT/jforfow/Ve his Father, having fucceeded 
 him in his Paternal Kingdom, reign'd in Illyricum, where the OJirogotbs, as we 
 have faid, after their Conquefts, laid down their Arms and fettled themfelves. Ac 
 this Time Zeno reign'd in the Eaft, who in the Year 474. had fucceeded to the 
 Emperor Leo : Zeno underftanding that i'beodorick had been chofcn King of the 
 OJirogotbs, and fearing that by his too great Power he might difturb his Empire, 
 thought it convenient to recall him to Omflautinople ; where he receiv'd him 
 with incredible Marks of Eftcem, and firft of all caus'd him to be enroU'd 
 amongft the prime Lords of his Court j not long after he adopted him for his Son, 
 and created him Conful Ordinarius, the moft eminent Dignity in the World at that 
 Time : But that would not fcrve liim, he likewife caus'd to be erefted before the 
 Porch of the Imperial Palace, an Equeftrian Statue, in Honour of lb worthy a 
 Perfbnage. But whilft this Prince was enjoying all thefe Advantages in Omfianti' 
 vcple, and all the Honours which could be heap'd upon him by Imperial Hands ; 
 yet for all that his generous Soul could not bear to fee his own People, who were 
 trifling away their Time, abas'd with Idlenefs, Poverty and Straits in Illyrictim, and 
 himfelf idly enjoying thefe Pleafures, leading an indolent and lazy Life : 
 Rouz'd by fuch powerful Motives, he relblv'd upon more generous Undertakings j 
 and having waited on the Emperor Zeno, as Jornandes relates ^, he fpake thus to him. 
 *' Altho' by your Generofity and Grandeur, there be nothing wanting either to me 
 *' or my Gotbs, who are under your Command ; neverthelefs be pleas'd to hear the 
 " Wifties and Defires of my Heart, which I am going freely to unfold to you. The 
 " Empire of the Eaft, which for many Years hath been govern'd by your Predcccl- 
 *' fors, is going to be involv'd in War ; and there is not a barbarous Nation that 
 " docs not pillage it, dilbrder it, and feize on it : Rome, which was formerly the 
 " Head and Miftrcfs of the World, with Italy, is opprels'd by the Tyranny of 
 *' Odoacre : Will you fuffcr us to be here idle and lazy, whilft others are committing 
 Depredations in the moft beautiful Part of your Empire? Why don't you order 
 
 (( 
 
 ' Jornand. de reb. Get. Auguftulum filium • * V. Pagi inproleg. de C 
 e'lusde Regno pulfutn, in Lucullano Campanie I ^ Jornand, de reb. Gcr. 
 Caftello exilii nana damnavit. I 
 
 " mc
 
 Book III. the K i n g d o m...o/ N A P L E S. 129 
 
 " me with my People to carry our Arms thither ? We will revenge your Wrongs, 
 " and your Shame; and bcfides, you will lave the great Charges which our being 
 " here cofts you. If I, with the Afliftance of God, fhall be Vidlorious, the Fame of 
 " your Piety and Honour will be I'prcad over all the World. I am your Servant, 
 *' and likcwilc your Son, therefore it will be more fitting and rcafonable, that if I 
 " fhould be Vidlorious, 1 fhould pofTels that Kingdom by your Gift, which is now 
 " opprefs'd by the Tyranny of ftrange Nations, who keep your Senate, and a great 
 *' Part of your Commonwealth in bale Servitude and Captivity : If I fhall triumpli 
 " over them, bv your Bounty I fliall polfefs the Weft ; if 1 be vanquifli'd, your 
 " Empire and your Piety will fuffer nothing by it, but will be ealed of thefe hea\y 
 " and confiderable Expences." 
 
 THIS fo magnanimous a Refolution of T'Z'for/fjr.'cA's, altho' it much difpleas'd the 
 Emperor Zf;;(i, who could not ealily bear his Abfence, nevcrtheleis being unwilling to 
 ruffle him, by oppofing it, and confidcrmg with himfelf, that it were better, that 
 his Goibs, who were impatient of Reft, ftiould employ their Arms ellewhere, and 
 not difturb the Eaftern Parts, he apprcv'd of it, and granted him all that he 
 demanded ; and loading him with moft rich Prefents, dil'mils'd him, recommending 
 to him above all Things, the Senate and People of Rome, for whom he was to have 
 all the Efteem and Regard that was poilible. T'beodorick leaving Coujhintinople full 
 of the greateft Hopes, return'd to his Goths, and order'd Matters fo, that many 
 follow'd him ; and bv the ftraight Way, palling through Paiinonic', he led his Army 
 towards Italy. From thence entering the Confines oi Venice, he pitch'd his Camp at 
 the Bridge o( Lifonzo, not far from y^qtiilcj.-r. 
 
 I N the mean Time Meflengers had gone before to acquaint Odoacre of his March, 
 who hearing that 'Theodorick was encamp'd at this Bridge, march'd his Army againft 
 him. But STbeodorick getting to the Fields of Verona before him, offer'd him Battle, 
 where they had a very fharp Engagement, in which I'heodorick made a cruel Slaughter 
 of the Enemy ; whereupon entring boldly into Italy, and croffing the Po, he 
 encamp'd his Army near to Ravenna ; and during the Siege of this Imperial City, 
 there happen'd a general Revolt. Odoacre who was within, did all he could to 
 defend it, and frequently by Sallies in the Night-time, difturb'd the Gotbiflj Army j 
 and by fighting in this manner, fometimes with Lofs, fometimes with Advantage, 
 the third Year of the Siege drew on ; But Odoacre ftrove in vain, for i'heodorick 
 was proclaim'd King and Lord over all Italy, and all Things both Publick and 
 Private fucceeded according to his Wilhes. In this Condition Odoacre perceiving 
 that all was loftj and feeing himfelf only poflefs'd of Ra-vcuna, and that already 
 Provifions were wanting, refolv'd to furrender ; therefore he fent Ambafladors to 
 I'heodorick defiring Peace: Which was granted him; but afterwards fearing left 
 Odoacre by Treachery Ihould endeavour to regain the Kingdom, he caus'd him to 
 be put to Death. 
 
 DURING thele fortunate SuccefTes, i'heodorick gave a diftind: Information of 
 all that pafs'd to the Emperor Zeno, advifing him that he only wanted Ravenna to 
 be intire Mafter of Italy ; at which Zeuo was mightily pleas'd, ih that by his Imperial 
 Decree he confirm'd him Emperor of /te'y ; and by his Advice, Theodorick laying 
 afide the GotblJJj Habit, put on, not the Imperial Diadem, but the Kingly Enfigns 
 and Mantle, and was proclaim'd King of the Goths and Romans '. Afterwards in the 
 lecond Year of the Fjnpire of Anajlafius, who ilicceeded Zenc, he took Ravcmi a ^ 
 and in the Year 493. he fix'd his Royal Seat in this City, as his PredecefTors had 
 done. 
 
 I F there ever was a Prince in the World, in whofe Favour, in the Acquiring of 
 his Kingdoms, fo many juft Titles concurr'd, certainly Theodorick delerves to be 
 reckoned fuch with refpedt to the Kingdom of Italy. In his Time the Empire of 
 the Weft, hy xhtY)e?it\\o? Augiijinliis, was altogether at an End and extind : Spam 
 was in Poffeftion of the Vandals, the IVejirogoths, and the Snevi ; Gallia was in the 
 Hands of the French, and the Biirgundians ; Germany under the Dominion of the 
 .'lie maun i, and other more unciviliz'd and barbarous Nations. The Emperors of the 
 Eaft not able to defend Italy, it was left a Prcv to the moft barbarous Nations; 
 
 ' Joriiand. dercb. Get. Zenonifq; Imperatoris . rum Jcponen?, iafignc regii amiftus, quad jam 
 conluko privatum habicum, lu«q; gcnris vefti- I Gothorum Romauorumq, Regnator, ad rumple 
 
 N n Giferick
 
 I la 'The Civil History of Bcuk II T. 
 
 Giferick King of the I'viJals dcftroy'd and plunder'd it : Oduacre invaded it, and 
 rtiade it groan under his Tyranny ; I'beodonck came to fet it at Liberty, and at his 
 own Charges, in the Midil: of infinite Dangers, by the Valour of his Arms, and 
 with the Troops of his own Nation, llibdud the I'yrant, drove him out, and kill'd 
 him. All the People receiv'd him for their King and Lord with loud Acclamations, 
 and long'd for his Government. If there was any who had any Claim of Right to 
 Italy, it was the Emperor of the EafV, but I'heodorick having been fent by him, 
 acquir'd it, and drove out the Invader. Having conquer d it with his own Troops, 
 the Empire was confirm'd to him by Zcun, by whole Counfel and Authority he 
 cloath'd himfelf with the Royal Enfigns, and was declar'd King o( Italy, Zeno tranl- 
 ferring to his Peribn the moll fupreme Rights, rcferving nothing to himfelf For 
 which we fhall feek no other Vouchers but the Greeks themfelves ; we fhall 
 fay nothing oi Jornaudes, who being a Gotl.\ may be fufpedcd by fome ; neither 
 fhall we mention Ennodiiis that holy Bifhop of Pavia, who for the Juftice of his 
 Rei<^n, made a panegyrical Oration ' on him ; I will make ufe of Procopius ' a 
 Greek by Nation, who in his Hiftory, as he is very complaifant to his own Greeks, 
 lb he is no great Flatterer of the Goths : Thus he writes of the Fads according to 
 the Tranfladon of Grotius, At Zeno Imperator, guariis rebus uti, at dabaut tcmpora, 
 'Theodorico bcrtator eft, v.t in Italiani irct, Odoacrcque dcvii^o, fibi ipfe ac Gothis para- 
 •>'et Oceidentis reguum. ^lippc fcttiits honiini in Stnatim alleho, Komce, atque Italts 
 imperare, invajorc pulfo, quaniarma in Iiiiperdtcrcm cum pericnlo cxpenri. For which 
 reafon the unfortunate Gotbs, when, in the Reign ofTeJa their lalt King, the.y were 
 oblig'd by Juftinian to abandon Italy, having recourfc to the French for Afliilance ;• 
 among other Things which they infilled on to move them to come to their Relief, 
 told them, that what the Romans did to them now, would be what they would 
 meet with in their turn ; for now that their Power was at a very low Ebbj under 
 fpecious Pretexts they made War upon them, by alledging, that I'beodorick invaded 
 Italy, which belong'd to the Romans : Cum tamcn, faid they, as Agatbias ^ has it, 
 ^heodoricus non ipfis nokntihus, fed Zenojiis quondam Imperatoris concejfu nienijfet 
 in Italiam, neque earn Romanis abfiulijjet, qui pridem earn amiferant, fed depulfo 
 Odoacro iwvafore peregrino, belli jure qunefivijfct qticecunque ille poffederat. 
 
 AND the Emperor Zeno being dead, Anaftafuis, who fucceeded him in the 
 Empire of the Eaft, was of the fame Opinion with his Predeceflbr, owning him for 
 a juft and lawful Prince ; for tho' in the Anonymus Valefianus we read, as 'tis related 
 by Pagi in his Differtatione hypatica de Confultbiis, that the Goths, Odoacre being dead 
 in the Year 49?. Sibi confiriua.'verunt I'hcodoricum Regem, non expe£lantes jiifpMiem 
 iiovi Principis (meaning ylnaftafw.s, who had then fucceeded Zeno) whicli, as Pagi * 
 obferves, was unknown before that Time: Neverthelels we lee in the Letters' of 
 Caffwdorus, that Anaftafus approved of that which the Goths had done by their own 
 Authority ; fo that while he lived he maintain'd a firm and lading Friendfliip with 
 ^heodorick, exhorting him always to love the Senate, to ufe the Laws of the Roman 
 Princes his PredecefTors, and endeavour to maintain a fettled and fecure Peace in 
 Italy during his Reign j of which ^bcodorick affur'd him : as may be lecn in bis 
 Letters, which we read in Cajfiodore, directed to Anaftafus K 
 
 JUSTINIAN himfelf, who drove the Goths out of Italy, could not but 
 acknowledge the Reign of i'heodorick, and the other Kings oi Italy, his SucccefTors, 
 both juft and lawful ; for after he had conquer'd it, by means of the two illuftrious 
 C7i\^^ams Bell farms M-\6. Karfes, heabolifh'd all theAfts, Conccflions, and Privileges 
 ofT'otila, whom he reputed an Invader and Tyrant, but did not lb b)' thole of 
 this Prince and his Succelfors *. 
 
 INDEED tho' I'beodorick was not plcafed to affume the Title of Emperor, 
 yet he was held for fuch by all his People ] and Procopius himfelf la)s, that he 
 wanted nothing of that Decorum which belong'd to an Emperor ; on the contrary, 
 Ca ffiodor e th'mks, that this Title was as due to him as to any of the moft lliining 
 Emperors of Rome ; and really this Prince, whether it was out of Refpcd to the 
 Emperors of the Eaft, or whether it was becaufe Odoacre took no other Qiialit}- but 
 that of King, or whether it was that this ftrangc Nation, reckon'd the Title of King 
 
 ' EnnoJii pancgyricus, apud CalTiodor. ■* 
 
 '■ Prncnp. lib. hilV. Got. 
 ^ Agatialib. 1. 
 
 Pagi DifTert. de Confulib. pag. 5C0. 
 5 Cairwd. lib. i.Ep. I. 
 * Pragm. Sanilio Jurtlii. poft nov. c. i, & i. 
 
 more
 
 Book III. the K i k g d o m 0/ N A P L li, S. 1 7 1 
 
 more advantageous and ftrong, as denoting a So\creignty altogether independent 
 and free, than that of Emperor ; he never took upon him the Title of Emperor of the 
 Well, as Cb.'.rles the Cirjt did afterwards. And even, whctiier we rec'ard the 
 Extent of his Dominions, or the eminent Virtues with which lie was adorn'd he 
 would nolefs have defcrx'd that Honour than Clwrlcs lie Grcrt. He poflefi'd/L/y 
 with all its Provinces, and iikcmic Si iily. Neither was it this Part of ^//cofi^- only 
 that was under his Government ■ he held Khelia, Koriciim^ Dahuatia, with Libirnnas 
 JJlria, and Part of S'.'.c-v:a ; that Part of Panmniic'., where Sigetiuez^ and Smnhiiu 
 are fituated, lome Part of Callia^ for which he was often at War with the 
 French ^ and lafll)-, as Tutor to Amalarick his Nephew he governed Spain ; fo 
 that 7o)v;^K(/fi faid ': Kec fait m pc.rte Occidua gens^ quce I'beodorico^ dumvi-veret 
 atit aiiiiatia^ v.t Jiibje£lione, non defer'virit. 
 
 THE Cuftom of Anointing, and being crown 'd by the Hands of the Bifliops of 
 the Metropolitan Cities, was not as yet introduc'd into the Weft. They had becrun 
 already in the Eaft to praclife this Ceremony ; and in thefe very Tirnes we read 
 that Leo the I'bracian, after having been chofen Emperor by the Senate of Con- 
 ftantinnple^ was crown'd by Aiiatoliiis Patriarch of that Cit)\ If this Cuftom had 
 been found introduc'd into Italy^ and if it had pleas'd ^beodorick to have gone to 
 Rome, and caus'd himfelf to be crown'd Emperor by Pope Gelafius, as Charles the 
 Great d'\d by Pope Leo III. it would certainly have been laid now, that the Empire 
 of the Weft had been transferr'd from the Kornans to the Goths, by the Authority 
 of the Roman Apoftolick See. 
 
 ' Jornand. dc Reb. Get. 
 
 SECT. IL 
 
 T'he Roman La\vs retained by Theodorick /;; Italy, and his EdiflJ 
 
 conformable to the fame. 
 
 BU T altho' this Prince was not pleas'd to afTume the Title of Emperor of the 
 Weft, neverthelefs he govern'd Italy and thefe our Provinces, not as a 
 Foreign Prince, but in the fame manner as all the other Emperors had done. He 
 retain'd the fame Laws, the lame Magiftrates, the fame Polity, and the fame 
 Diftribution of the Provinces. Firft he divided the Oftrognths amongft the fortified 
 Places, with their Captains, that in Time of War they might command them, and 
 in Time of Peace govern them, and, except as to Military Difcipline, he gave to 
 the Rcaans all Honours. In the firft Place he commanded, That the Roman 
 Laws ftiould be retain'd, inviolably oblerv'd, and have the lame Force which they 
 had under the other Emperors of the Weft ; lb much did he reverence and relpedt 
 them, that he often Ipeaks of them in Cajfwdorc thus ; Jur^- 'vcteriivi ad noftram 
 cupivms revcreiitiam cujiodiri ; and ellewhere, DcleCtamiir Jure Romano linjcre ; 
 and in other Places, Rcverenda Legtiui antiqiiitas, &c. ' So that the Roman 
 Pontiffs were exceedingly pleas'd with 'Theodorick, bccaufe, like a wife and prudent 
 Prince, he had retain'd the Roman Law in Italy. Thus Gclapuis, as Gottfrcdus 
 relates it ', or according to Altefcrra >, Symmacbus his Succeilbr, congratulated 
 theodorick ; Certe eft viagnificentice veftrce, leges Rcmanonm Pnncipum, qms in 
 iiegotiis bomimim ciiftodicudas ejje prxcepit, viulto magis circa beaji Petri Apoftoli 
 fedem pro fuce felicitatis augmento, i-elle fervari. For which Caule, in the firft 
 five Books of Cajfficdore, which are compos \1 of the Letters and Edids of T'bec- 
 dorick, we fee nothing lb much recommended to the Judges and .Magiftrates, as the 
 due Obfervance of, and Refpcd for the Roman Laws : and very many Confti- 
 
 ' CafTiod. lib. ;. cap. 4;. & lib. 1. cap. 27. | ^ Altcf rcr. Aqulr. lib. ;. c.ip. 14. ex De- 
 * Got in Prolog, ex Gclafii PP. lip. in [ crcto Gratiani Cnn. ccrtum I ;. dift. ic. 
 Decreto Ironis, par. i. cap. 18. ad Tiieodor. ' 
 
 tutioiix
 
 152 ^^-'^ Civil Historv of Book 1 If. 
 
 tutions of the 1'heodofian Code, and many Nwellae of 'fhcodofnis, Valentiniati, and 
 Mivonahus, are quoted in thefc Books ; of which the moft exadl Gotifredus in his 
 Prok^oinena to that Code, hath compo^'d a long Catalogue '. 
 
 NE I T H E R had this Prince any other Notion, but of fupporting the King- 
 dom of Italy with thcfe fame Laws, and the fame Spirit and Union with which 
 Ilcitonus, KtleiitijU!'!! U\. and the other Emperors of tlie Weft had govern'd it. 
 Thus he explains himfclf to Juajiajhts Emperor of the Eaft, on that Head • ^lia 
 pe.ti vcs creditfius inter iitrafqtie Kefpublicas^ qimrttm femper unum Corpus fub 
 antiquis Principihus fuijffe dcclaratur, aliqnid difcordice pennanere ; qiias von folmn 
 'oportct inter fc otiofa dileflioiie conjiiugi, 'vcriivi ctiam decet viiittiis inribus adjii-vari. 
 Kiviiani Rcgni unum velle, una femper opinio jit '^ : For which Caufe, no new 
 Laws were introduced into Italy by I'hcodorick, becaufe he believ'd the Roman 
 were fufficient, by which it had been long govern'd. And altho' we have at this 
 Day one of his Edidts ', confifting of One Hundred and Fifty-four Heads ( which 
 we owe to the Care of Peter P/theus, who caus'd it to be printed) however, ex- 
 cepting fome Heads, which are branded for Gothip Rigor, fuch as LVI, LXI, 
 and fome others, all the reft are taken out of the Roman Laws, as 1'heodorick 
 himfelf confeffcs in the End of it ; Ncc cujiiflihet dignitatis^ ant fubfiantice, aut 
 fotentix, aut cinguli^ "vel honoris perfona, contra hac^ quae falithriter Statuta funt, 
 qnclibet modo credat ejfe veniendum^ qiix ex Novellis legibus, ac veteris juris Sanffi- 
 monia pro aliqua parte collegimus. There is fcarcely any Head of the forefaid 
 Edict, which appoints any thing that is not to be found in the Roman Laws ; fo 
 that 'I'heodorick, for corroborating his Orders or Prohibitions, often refers to them. 
 Thus in the XXIVth Head, Secundum Icgum veferum conftituta ; and in the 
 XXVIth, Secundum leges ; and in the XXXVIth, Legum cenfuram^ and elfe- 
 where. 
 
 BUT what was commendable in this Prince was, that he would likewife have 
 thefe Laws common not only to the Romans, but alfo to the Goths themfelves 
 who lived amongft the Romans^ as is manifeft by this his Edidt, leaving to the 
 Goths few of their own Laws, which were rather their own Cuftoms, as being more 
 tifed to them, than written Laws : But in Matters of Moment, fuch as Succeflion, 
 Teftaments, Adoptions, Contrafts, Penalties, Crimes, and, in ftiorr, in all that 
 concern'd Publick or Private Right, the Roman Laws were common to all. Neither 
 wheii a Goth had any Difpute with a Roman, or a Roman with a Goth, would he 
 allow the Judges to have regard to any other Laws for deciding their Controverfies, 
 as ^beodorick, in his Refcript to a certain Januarius Prefident of our Samniuniy 
 exprefly order 'd ; Intra itaque Provinctam Samnii, fi quod Negotium Romano cum 
 Got his eft, aut Gotho enwrferit all quod cum Roman is, Lcgnm confidcratione definias ; 
 vcc permittimus difcreto Jure 'vii-ere, quos uno Toto 'volumus I'indicare *. Only 
 uhen the Difpute was betwixt Goth and Goth, he would have it decided by their 
 own Judge, whom he appointed in each City, according to his own Edid:s, which 
 altho', as is faid, they contained fomcthing of GothiJJj Difciplinc, however they 
 did not differ much from the Roman Laws i but from that the Romans were 
 exempted, fince their Judges could only determine betwixt Goth and Goth : But ii 
 it fell out, that a Roman had likewile any Concern, either as Plaintiff or Defen- 
 dant, be that as it wou'd, they were to have recourfe to the Roman Magiftrate: 
 And in this Manner was the Formula of the Comitia conceiv'd by T'beodorick, 
 which he gave to thofe whom he chofe as Judges of the Goths in each Province, 
 related by CaJJiodore in his Seventh Book, amongfl his many other Formuht \ 
 
 ' Got. inProlcg. cap. :;. | '* raffiod. lib. 2. var. ep. 1;.. 
 
 * CafTiod. lib. 1. ep. i. j • Ibid. lib. 7. cap.:}. 
 
 5 Edltt.Theod. in Operib. Cafliod. » 
 
 SECT.
 
 Book III. f/:;^? K I N G D o M 0/ N A P L E S. n ^ 
 
 SECT. IIL 
 
 Thi^ fime ^olit)', cud Magijlratcs rttiuiui hy Thcodorick in Italy. 
 
 AS I'heodorick took great Care to retain the Roman Laws in Jtaly^ fo his Study 
 for preferving the fame Form of Government, was certainly no lefs, as well 
 Sn what concern'd the Diftribution of the Provinces, as of the Magiftrates and 
 Dignities. He having found the Imperial Scat tranflated to Rd'vemta, by Honorius 
 and Vjlentinuvit his PrcdecelTors, who had not fix'd it there by Chance, and to be far 
 from Rome, but to be near at hand, and ready to put a Stop to the Irruptions of 
 the Barbartaus, who in that Part broke in upon the Borders of Italy ; he like- 
 wife refided there. Therefore the Complaints of the Rouians were unjuft and 
 unreafonable, when they complain'd of him for having fix'd his Refidence 
 in Rarema and not in Rome : For he left Tokens of his Love to that 
 famous City, by adorning it with publick and fair Monuments of his Gran- 
 deur and Royal Spirit, and, out of his Magnificence, furrounding it with ftrong 
 and fecure Walls. His Love and Refpedl for the Roman Senate was no lels, as 
 the fo many affedlionate Letters direded by him to that Body, full of Efteem and 
 Refpeft, which we read in CaJJiodore^ do teftify. In Ra'vemia then, did he fix 
 his Royal Refidence, as his PredeceflTors had done ; from whence he ruled Italy and 
 thefe our Provinces, which now make the Kingdom o? Naples, by the fame Ma- 
 giftrates by whom they had been govern'd, during the Time of the Roriian 
 Emperors. 
 
 A L T H O' under his Government a few Alterations were made of fbme of the 
 Magiftrates and Officers of the Palace and Kingdom, without any Change of 
 Titles or Dignities ; neverthelefs, he retain'd very many of them, tho' not alto- 
 gether with Power and Jurifdidtion, like thofe of the Romans, yet they were 
 much the fame in effedt. He retain'd the Senators, Confuls, Patricians, Prxfedtis 
 Pruetorio, Praefeds of the City, and Quseftors. He retain'd the Conftilares, Ccr- 
 reHores, Prxfides, and many others. Some little Difference there was in the IcfTer 
 Officers, it being the Cuftom of the Goths to fend to every little City, Comites and 
 particular Judges, for the Adminiftration of the Government and Juftice, and to 
 create fbme other Officers, whofe Titles are not known in the Notitia of the Dig- 
 nities of the Empire. 
 
 BUT if we will follow the Opinion of the moft accurate Hugo Grotius in this 
 Variety of Magiftrates introduc'd by the Goths, we muft fay, they were much more 
 to be commended in that, than the Romans themfelvcs, becaufe fays he, the Romans 
 had many Titles of Dignity altogether vain and groundlefs : Mtilta apud Romanes 
 ejtifmodi inani fono Conftantia, Vacantiian, Ilcnorarioritm, &c. '. On the contrary 
 the Cetbs had quite different Sentiments, as we read in Caffiodore ^ ; Grata fwit 
 omnino nomiua, quae defignant protimis a^iones, quando tota ambigtiitas atidiendi tollitur 
 tibi in Vocabulo concluditiir, quid geratiir. Befides Grotius confider'd, that the Romans 
 fejAt a Confularis, or a Prxfes to e\'ery Province, who was to have the Government 
 and Care of all the Cities and Caftlcs of that Province, many of which were at a 
 great Diftance from his Place of Refidence ; whence it fell our, that it not beini^ in 
 the Power of the Prxfes to be prefent in every Place, the People were put to im- 
 menfe Charges, being oblig'd to ha\e recourfc to him from the moft remote Parts, 
 The Cor/.'J went another way to work ; tho' every Province \ud its Confularis, Cor- 
 reflnr, and Prx/cs : Neverthelefs not only to the more principal Cities, but likcwiie to 
 every little Caftle, Comites, or other inferior Magiftrates were font, who were faith- 
 ful, uncorrupted, and approved of by theConfent of the People, in order to diftri- 
 bute Juftice, and take Care of the Tributes and other Affairs of thofe Places. 
 
 ' Grot. inProIeg. ad Hift. Gothor. | * CafTlod. lib. 6 cap. 7, 
 
 Oo SO
 
 1 24 '^he Civil History o[ Book III 
 
 SO that this Difpofition of Magiftrates, which to this Day is obferv'd in our King- 
 dom, of fending Governors and Judges to every City, is not owing to the KcmaiiSy 
 but to the Gotbs. 
 
 AND if the like Stridnefs and Care were pradis'd in our Trme, which in that 
 oi^hcodorick was ufed in tlie choice of fuch Magiftratcs, that is to fay, in fending Men 
 of known Integrit)- and Learning, and acceptable to the People, and allowing no 
 Appears to other diltant Tribunals, but when the Weightincfs of the Matters, and 
 the manifeft Injuftice requir'd it, certainly thcfe our Provinces would be freed of aa 
 infinite Number of Law-Suits, and heavy Expences which now they labour under. 
 On which account many Writers extol the Government of the Eaftern People, and 
 thofe oi Africa ; and with refpedl to our common Law-Suits we ufed to envy them, 
 becaufe that not only in the Cities, but in every little Caftle, they have their Judges 
 always ready and prepar'd, and Law Pleas are no Iboner begun, but they are im- 
 mediately determin'd, and feldom, or never, admit of Appeals ; becaufe the People, 
 having their Magiflrates in due Veneration, foon reft fatisfied with their Decrees, 
 and fuffer more wiHingly, that the Goods in Difpute be taken from them, than to 
 go to diftant Courts of Juftice to complain, with greater Charges, and Uncertainty 
 of gaining the Caufe, and often in fear of lofing it ; and they reckon it to be 
 more for their Advantage to have ready and quick Injuftice, than languifhing and 
 flow Juftice. Wherefore Cknardus ' having \c£t Europe, and taken up his Refidence 
 in Africa, in the Kingdom of F<?z, ufed to write to many of his Friends in Europe 
 that he did not envy them the Magnificence and Grandeur of fo many fine Cities, 
 becaufe he v/as no more obliged to go to Courts of Juftice to be tofs'd up and 
 down amongft ^o many wicked People, full of Cavils; for where he was, there was 
 no occafion for pratling Lawyers : But if there happen'd any Difpute among thofe 
 Africans, the Judge was always ready to decide it, and they never went home 
 before it was determin'd. But that, as Matters ftand, is rather to be wifh'd for than 
 expefted ; for the Difeafe is in the Root: Befides, that in the Eledtion of Magi- 
 ftratcs, thefe Qualifications are no more to be expefted, which perhaps in thofe 
 Times, which we now call Barbarous, were pundually requir'd : And what was 
 then a Remedy, would now become deadly Poifon ; feeing from the Time of Al- 
 phonftis I. King oi Arragon, the Difeafe was (pread, by granting to the Barons of the 
 Kingdom all Jurifdidtion and Command. And at prefent there are more Govern- 
 ments depend on them, than on the King, and the greateft Part of the Kingdom 
 is govern'd by them prima ittfantia ; w^herefore it were expedient to lay afide the 
 Cuftom of having recourfe to fuperior Tribunals, which we obferve at prefent : 
 Seeing the Defign of Charles VIII. King o( France, while he govern'd this Kingdom, 
 of taking from the Barons all Jurilciidion and Command, and rendring them like 
 thofe oi France and other Countries o? Europe ^, could not be put in Practice. 
 
 BUT to return to where we left off: The Goths, as they are reprefented to us in 
 the Books of Caffiodore, were very wary in the Choice of their Magiftratcs, and no 
 lefs in the Eledlion of the greater Officers, than in that of the lefler, which they fent 
 to each City, in which they were very careful ; whence we read in Caffiodore of fb 
 many new Officers, fuch as Chancellors, Canonicarii, Comites, and Keferendarii ; 
 and the fb many fet Forms, by which fb many and different Dignities were conferred 
 on Subjects of known Goodnefs and Learning. Petrus Panriniis ' wrote a Book, 
 not defpicable, of the Dignities of the GothifJj Court : But as Grot ins "* has obferv'd, 
 he might have faved himfclf that Labour, becaufe they are all to be found in the 
 fixth and feventh Book of CaJJiodore, where they are all reprefented and defcrib'd. 
 
 ' Clenardi Epiftolsad Arnoldum Streyterlum, 
 &ad Jacobum Laronum A- 1J41. Geo. Palquius 
 de Nov. inv- de varia tbrcua Doft. Juris. 
 
 "■ V. Afflia. In prcclud. ad Confllc. Reg. PhH. 
 Comin. Koppin. dc DemanioFrancix. 
 ^ Pet. Pantinus de Dignit. Gorh. Aulx. 
 "* Grot, in Prolcg. adhift. Gothor. 
 
 SECT.
 
 Book IIL //;^ K I M G D o M 0/ N A P L E S. 135 
 
 SECT. IV. 
 
 7'he fume Difpojition of the 'Tiovinces retahid by King Theodorick. 
 
 THIS Prince retain'd the fame Divifion of the Provinces of which Italy was 
 made up under the Empire ofCoufiantiiie, and his Succeflbrs: They were in 
 Number the fame as in Adrians Time ; to wit. Seventeen : Neither was that which 
 we now call the Kingdom of A'^/'/f'j, divided into more Provinces than four ^ they 
 were the fame under the Dominion of 1'beodorick^ I. Qviipania, II. Calabria with 
 Ptiglia, III. Liicania and the Brutii, IV. Sanmium. For the Government oi Cam- 
 p.viia, Confulares were fent as formerly ; to the other two Calabria and Luc aula, 
 Corre^ores ^ and to Saiiniiiim, Prxfides. 
 
 Of CAMPANIA and its Confulares. 
 
 THE firfl Confiilaris oi Campania, which we find in the five Books oiCajJiodore 'j 
 was a certain John, to whom 'Theodorick fent a Letter, in which he fo much recom- 
 mends Juftice, and the Care of the Publick Welfare, honouring him with this Title 
 Viro Senator!, and the Inlcription is thus : Joanni V. S. Confulari Campajiia^ 
 Tbeod. Kex. To the fame John, Theodorick diredted that his Edict, which we 
 read alfb in Cajfiodore % by which he moft feverely prohibited that moft wicked 
 Cuflom, which had been introduc'd into Campania and Samnium, that the Creditor, 
 without publick Authority, but at his own Hand, feiz'd on the Goods of the 
 Debtor for a Pledge, neither did he reftore them till he was paid the Debt ; and 
 very frequently the Goods, not of his Debtor, but of his Friend, Neighbour, or 
 Relaiton, were feiz'd, which in Italy are call'd Reprifals : Which Guflom was 
 feverely forbidden, and the Penalty of lofing the Debt was impofed, and reftoring 
 the doi'ble, in cafe the Reprifal had been made, not on a Debtor, but on a Friend 
 or Relation. The Emperor Zeno had done the fame in the Eaft, by fuch another 
 Conllitution of his ^ : Therefore Theodorick, who defign'd to govern Italy by the 
 lame Maxims, would imitate him : Jt'.ftinian afterwards renew'd it in his Novella"^. 
 Neither would Theodorick ever allow fuch Violence to be praftis'd in his Kingdom ; 
 but that Creditors, as the Roman Laws likewife prefcrib'd, fhould try their Rights 
 by the legal Way of publick Judgment. 
 
 THIS Prince finding himfelf exhaufled by the Wars which he had had for 
 fome Time with the French, had occafion to provide his Armies with all Sorts of 
 Victuals out of this Province ; on which Occafion we fee another of his Edidls ', 
 ordering the Mafters of Ships in Campania, to carry thofe Provlfions into Gallia. 
 He defign'd to have impos'd other Burthens on it, but Boctius Scvcrinus begging an 
 Eafe for that Province *, and laying before him the many Miferies, Afflidiions and 
 Defblations, which it had fuffcr'd b\- the Invafion of the Vandals ; Theodorick moll 
 gracioufly granted it Indulgence, neither would he lay any more new Burthens on it j 
 on the contrary, the Inhabitants oi Campania, and particularly the Neapolitans and 
 Nolans, having fuffer'd great Damage, at that Time by the Irruption of Vefuvius^ 
 he likewife freed them of their ordinary Tributes, which we fee in Cnffv'dore by 
 another of his Edifts ' ; in which the roaring Noiie, tiie terrible Clouds, and the 
 Torrents of Fire which this Mountain ufes to vomit forth, are ingcnioufly and 
 lively defcrib'd. Caffiodore is admirable at fuch Defcriptions ; but what is unpar- 
 donable in him, is, that befides his making ule of fome bold Hyperboles., and fbme 
 Metaphors immoderately licentious, he brings in Theodorick fpcaking after fuch a 
 
 ' CalTiod. lib. ;. cap. 27. 
 * CalTiod. lib. 4,. cap. 10. 
 ' L. un. Nullus ex vicanis pro alien, vican. 
 deb. ten lib. 1 1. 
 
 •* Novel, fi. & i;4. 
 
 ' CafTiod. lib. 4. cap. j". 
 
 " I'ctrus Bcrrlus In vita B.ietii. 
 
 ' Cafiicd. lib. 4. cup. yo. 
 
 rtianner.
 
 1 3 d The Civil History of Book III. 
 
 manner, that 'tis not poflible to know, whether he intended to make Laws, and 
 provide for the Neceflicics of his Provinces, which was his Scope, or acl the Part of 
 a Dcdaimer, for he often introduces him fpeaking at fuch a ftrange rate, that it 
 ^vollld not be fufferable, even in the molV high-foarins; Panegyrift of our Times. 
 
 CAM? AX I A had truly fufFer'd infupportablc Damages, when Genfenck^ with 
 a powerful Army from Africa, in\'aded Italy. It was cruelly ufed at that Time by 
 the Vandals ; the Country was laid wafte, and Capua, the Metropolis, barbaroullv 
 pillaged, and almoft quite deftroy'd. KdUx underwent the fame Calamities, and 
 many other Cities. Naples, by reafon of its Situation, was lafe from the Fury of 
 thofe Barbarians. A City at thatTime, tho' little, yet well defended by the Valour 
 of its Citizens, its Situation, and more by the ftrong Walls which furrounded it. 
 And by this alternate Fortune which happen'd to them, it tell out afterwards that 
 many Cities of thele our Provinces, from Great became Small, and from Small 
 Great ; whence it iikewile came to pafs, that Capua, and many Cities of this 
 Province, being ruin'd, Naples by Degi-ees began to raife itlelf above all the reft ; 
 and in the Time of the Greeks and Longobards, became the Head of a great 
 Dukedom. 
 
 IN the Reign o£ 'tbeodorick, we do not read of any other City of this Province, 
 that wasfb well pleafed with the Government of this Prince as Naples ; nor any that 
 by their Devotion and obliging Behaviour towards him, gave fo many and confpi- 
 cuous Marks of their Fidelity and Refpcdl. No fooner had he mounted the Throne, 
 than the Neapolitans credted his Statue in their largeft Market-Place ; the fame, 
 which afterwards was the ominous Prefage of the unfortunate End of the Govern- 
 ment of the Goths in Italy ; for, as Procopius ' relates, the Neapolitans having rais'd 
 this Statue, made with wonderful Art of fmall Pebbles of various Colours, and fb 
 well join'd together, that they reprefented the Image of this Prince to the Life, 
 •while he was yet alive the Head of this Statue fell of itfelf, and the joining of the 
 Pebbles giving way, it broke to pieces ; and not long after, the Death of this Prince 
 was heard of in Naples, and that Athalarick his Nephew had fucceeded him. In the 
 eighth Year of this Prince's Reign, on a fudden that which compos'd the Belly like- 
 wife gave way, and fell to pieces, and at the fame Time the News of the Death of 
 Athalarick was brought. Not long after, that of which the Genitals were' made 
 dropp'd off, when tiie Account of the Death o{' Amalafttnta, the Daughter o^T'heo- 
 dorick came. But when at laft the Goths befieg'd Rome, in order to retake it, all 
 the Materials of which the Thighs and Feet were form'd, fell to the Ground, nothing 
 remaining where the Statue had been plac'd : From which Event the Romans con- 
 jeftur'd, that the Army of the Emperor of the EafV would be Viclcrious; interpret- 
 ing the Feet of T'heodorick to denote the Goths whom he had govern'd : And this 
 vain and ridiculous Prefage, was of fuch Weight among the Vulgar, who are gene- 
 rally more moved by fuch Things, than bv any fine Speech of a Captain, and 
 animated them fo, that it gave them no fmall Hopes of Victory. And wiiat con- 
 tributed likewife to it, was, fbme Sibylline Verfes, put forth by fome Roman 
 Senators, very well adapted for impofing upon the People j the Senfe of which, 
 as Procopius well confider'd, before the Event of the Things, was not to be con- 
 ceiv'd in the leafl by human Underftanding ; becaufe they were fb dilbrder'd and 
 confus'd, and truly Enthufiaftical, that skipping from riie Misfortunes that were to 
 befall Africa, to x.ho(c o? Pcrfa ; from thence, after mentioning the Romans, they 
 immediately fpeak of the y^TWWJi and returning to the JIo;;mw again, they laftly 
 fing of the Calamities of Britain : And afterwards when they had feen the Event, 
 they publifh'd a thoufind favourable Interpretations, fancying they had difcover'd the 
 Senfe of the obfcuve and fantaftical Verfes. 
 
 BUT let us return to our Subjed; Ay?/;/« was very faithful and devoted to 
 ^heodorick ; and on the other hand, that Prince treated the Neapolitans with no lefs 
 Marks of Love and Gratitude; and it was no fmall Mark of Refpedt, that amongft 
 the Forms of the Comiti'va: of the firft Order, which 'Tbeodorick uied to give to thofe 
 to whom he committed the Government of fbme famous City, we read )et in Caf- 
 fiodore ^ that which was appointed for Naples ; for this Author relates only the Forms 
 which were given to Pylons appointed to govern the greater, but not the lefTerCities. 
 We only read thofe o( Syracufe, Ravenna, Rome and other confpicuous Places : 
 
 ' Procop. lib. I, hift. Got. ' CalTiod lib. 6. cnp, 24. 
 
 As 
 
 I
 
 Book III. //jf K IN GDOM 0/ N A P L E S. 1^7 
 
 As for the other fmaller Cities, there's a general one only, which we read 
 lerves for tliem all ; and the Comittwe^ which were given for the Government of 
 thele, were not of the firft, but of the fecond Order, as is clear from the Form 
 itfelf in CaJJiodcre '. Neither are the Prerogatives of this City forgot in the Comiti'va 
 (or if we may name it in the Language of the prefent Times, the Schedule or 
 PiiteiitJ nor its Plcafures, its Excellency, its extcnfive Commerce, its large Autho- 
 rity and Jurildicftion which he grants it j nor the Majefty of its Tribunal, it is 
 call'd ", Url^s ornata vniltttudim Cirium^ ahtmdaits viarinis, tcrrcnifqne delicits: 
 Ut didciffiiiiam 'vitam te ibidem iwventjfe dijiidices, fi niillis amaritudntibtis viifcearis : 
 Pretoria tua Officia repleiit, nulituvi turba cujfodit. Covfcendis gemmattim 1'nbimal^ 
 fed M tefles pateris, quot tc agmina circunidare cognofcis. Pneterea littora, ufotie ad 
 ■prxfinititm locum data pijfwne cufiodis. I'l'.x loltmtati parent preregrina commcrcia. 
 Prafias emeiitibus de pretto fuo^ y gratis tua: projicis, quod avidus mercator acquirit. 
 Sed inter hxc prxclara fajltgia^ Optimum ejfe judtcem decet^ &c. Neither are the 
 Expreflions of this Prince left affedionate, in the Letter which he ufually fcnt by 
 the Perlbn he had appointed to be Governor, recommending him to the City of 
 Naples ■ for the Form of which we are indebted to Cajfiodcre ^ ; neither mud it be 
 forgotten, that 'Themorick allow'd the Neapolitans the fame Form of Government 
 they liad in the Time oixht Romans^ that is to fay, a Court or Senate, as formerly, 
 wherein the Affairs of that City, with refpedt to the Amionx^ the Repairing of the 
 Streets, and other Matters concerning the Government of it, was taken Care of; 
 he only took from the Decurioncs, the Power of eledling Magiftrates, and gave it 
 to the Governor, or Ccmes whom he lent thither. This Citv had likewife its Chan- 
 cellcr, whofe Charge or Function is delcrib'd by CaJJlodore in the eleventh and 
 twelfth Books of his Works ''. 
 
 Of Puglia, aud Calabria, and their Corredores. 
 
 A S ^hcodorick did not make any Alteration in Campania among the chief 
 Magiftrates, leaving the Confulares in it, as it had under the Romans ; (b he was 
 plcas'd not to change them in the Provinces of Puglia and Calabria : Neither did 
 he divide Puglia from Calabria, as to the Government, nor did thefe Provinces 
 change their Names, as they did in after-times : They were govern'd by one 
 Moderator, altho' he lent particular Comites, or Governors to each City, according 
 to the commendable Cuftom of the Goths. 
 
 THE firft Moderator of Puglia and Calabria, which we meet with in the firft 
 five Books of CaJJiodore, was a certain Fefius or Fauftus, as others read ; we fee a 
 Letter directed by T'heodorick to him ', by which he grants to the publick Dealers, 
 an Exemption from Toll and Cuftoms ; and 'tis worthy of Obfervation, with what 
 graceful and comely Titles he treats this Minifter. 
 
 'theodorick took particular Care of this Province and its Fields, and made many 
 wholelbm Regulations concerning it, as may be obferv'd in many Places of Cajfio- 
 dore *. Amongft the moft conlpicuous Cities of Puglia, Sipontum was once one, 
 of which there's fcarcely any Veftige to be feen at this Day : a City fb ancient, 
 {b noble, and powerful, that the Sipontines, in after-times, were able to make 
 War with the Neapolitans and the Greeks, of which we (hall fpeak in its Place. 
 This City was not exempted from the common Calamities, which Italy fuffer'd 
 from the Irruption of the Vandals, and the Tyranny of Odoacre ; its Citizens, in 
 the three laft Years of the War, which Odoacre maintain'd with I'heodorick, be- 
 caufe they had fubmitted to this Prince, were cruelly treated by Odoacre, and their 
 Fields dcftroy'd, inlbmuch that the Merchants being reduc'd to great Extremities, 
 had recourle to the Clemency of i'heodorick, defiring to be free of Tribute, and to 
 have fbme Indulgence from their Creditors ; it was compaflionatery granted by this 
 Prince, that for two Years they fhould be exempted from Tribute, and not molefted 
 by their Creditors, as appears by another Letter diredled to the forefaid Faujius 
 
 ' CalT. lib. I. cap. 26. , * CafT. Var. 1. 1 1. c. ;7; & lib. 12. c. i. & ;. 
 
 ' Cad. lib. 6. cap. 2; > CaiTiod. lib. 2. cap. z6. 
 
 ' Call' lib. 6. cap z^. \ ' CalT. lib. 5-. cap. 7. & 31. 
 
 P p Moderator
 
 •.;8 
 
 The Civil History of 
 
 Book III. 
 
 Moderc.toi- of this Province, or as others will have it to Ataiiidorus^ which we lee 
 in Senator '. 
 
 Of Lucania and the Brutii, iViul their Correclores. 
 
 THE Provinces of Lt'cjuia and the Briitii are next, in the Government of 
 which 1'beodorick likewiie alter'd nothing. They kept their CorreHores^ neither 
 were the Mrittii divided from Lucaiiia, but continued under one Moderator as for- 
 merly. Khegiiiiii was their Seat ; whence it is, that in Cajjlodore -, the Citizens of 
 this City arc recommended to Auajiafttis^ Chancellor of Lucania and the Brutii, 
 and the Origin of the Name of Khegiiim is delcrib'd ; Rbegienfes Gives, ultimi 
 Brut tor mil, quos a Sic t lice Cor pore 'violens quondam maris impetus fegreganjit, iinde 
 Cifitas eoruiii nomen accepit ; dtvijio eiiim f»^<"< Graca lingua 'vccitatur, &c. 
 
 I T ought not to be look'd upon as a Imall Honour to this Province in the Reign 
 of T/i'codorick, that it had CaJ/iodore himfelf for Crrrenor, who was the chief Per- 
 fonage of this Age, on whom Tbeodoriciz profufcly hcap'd ail Ibrt of Honours, 
 which with his Royal Hands he could difpenle. In the Beginning of his Reign, 
 the Affairs of Sicily, by reaibn of the new Government, being yet doubtful, 
 Gafiodorc was pitch'd upon for the Government of that Ifland ; where having given 
 lufficient Proofs of his excellent Talents, he was lent to Lucania and the Brutii 
 to be Gorredor of this Province ; not long after, he was made Prxfedus Prxtorio j 
 and laftly was advanc'd to the fupreme Honour of Patriciate by 1'beodorick 5, 
 which is clear irom the Form which CaJJiodore has inlerted in his Book * i from 
 which without doubt may be gather'd, as Barrius, Fornerius, Romeus, and many 
 other Authors have written ', that Brutinm, and properly Squillace, was the 
 native Country of fuch a noble Genius ; and we ought to give the due Praile to 
 his^oil for having produc'd fuch a noble Plant, and it may be likewife concluded 
 ivomx^eW'ords oi I'heodorick. ; Sed 7ton eo prceconiorum fine content i, Brntiorum, 
 ^ fiucanix tibi dedimus mores regendos : ne bonum, quod peregrina Provincia 
 C^fteaning Sicily') meruijfet, genitalia foli fortima nefciret. 
 
 AFTER CaJJiodore, under the lame Prince, Venantius was CorreSior o( Lucania 
 and the Brutii, to whom 'tbeodorick wrote that Tetter, in which he charges him 
 with the Collection of the Tributes of this Province ; thus we read it in CaJJiodore ", 
 Venantio viro Senatori Corretiori Lucania:, & Rrutioruni, T'beod. Rex. There's ho- 
 nourable mention made of this fame Venautius by I'heodorick in this his Edict ' di- 
 rected to Adeodatus, where we read ; Viri Spei^tabilis Venantii Lucania & Bruticrum 
 PraefuUs " ; and of the Gorrecior of this Province we likewife read, in CaJJiodore, 
 thele Words, Gorredor Litcanice, Brutiortimqiie. Lucania and Brutium had their 
 Chancellor likewife, as may be feen in CaJJiodore ». 
 
 THE Mafters of Ships of Lucania, as well as thole of Campania, were, by 
 I'heodorick, likewife ordered to tranfport Provifions to France, as we read in 
 Senator '°. Neither was this Province ncglcftcd by Athalarick his Nephew. He 
 took fpecial Care, that a Fair which was held in theie Times, and to which a great 
 Number of the People of the other Provinces went, and a great Feftival, which 
 was celebrated on St. Cyprian's Day, fliould not be difturb'd ; which gave Occafion 
 to Gajfiodore ", as elfewhere "^ he did the Fountain of AretbuJ'a in the Territory of 
 Squillace, to delcribe the wonderful Fountain Marcilianus which was in Lucajiia, 
 and in the Defcription of it, according to his wonted Stile, he makes ule of all 
 his bold Strokes and Hyperboles ; and, which is more, puts them in the Mouth of 
 a Prince who had no other Scope, but by fevere Edicts to forbid the difturbing of 
 fuch a Solemnity by perverle and wicked Men. 
 
 ' Caf. lib. z. c. ;7. 
 
 * Ibid. lib. 12. c 14. 
 ' Ibid. lib. I c. ;. 
 
 * Ibid. lib. II. c. I)'. 
 
 * p. Garetusin Vita Cadiod, 
 
 * Car. lib. 3. c. 8. 
 
 ' Jbid. lib 5. C.46 
 
 ' furec. id e(l, Correftoris. 
 9 Cal". lib. 2. cap. ^9. & lib. 
 
 14. 8c ir- 
 
 '^ Ibid. lib. 4. cap. f. 
 " Ibid. lib. 8. cap. 3?. 
 " Ibid lib. 12. cap. if 
 
 12. est 
 
 'I. 
 
 Of
 
 Book Ilf . //jd" K I N G b o M 0/ N A P L E S. 1^9 
 
 Of Samnium, and its Praefidcs. 
 
 I N the lafl: Place is Sarmiiim, a Province ; as by the Remans, fb by ^heodorick 
 honour'd with no other but a Prxfes. We read in Cajfwdore ', that ^heo" 
 dorick, at the Defire of the SiVuraites^ Tent a certain Januxnus^ or as others read 
 it ^ Sioibivadiis, to be Moderator or Judge of this Province j enjoyning him, that if 
 any Controverly fliould fall out in it betwixt the Romans and the Goths, or 
 betwixt the Gotbs and the Romans^ to decide it by the Roman Laws ■ being 
 unwilling to allow, that the Romans fhould live with the Gotbs under \arious and 
 different Laws, whole Words we have quoted already upon another Occafion. 
 This Pro\ ince had likewife its Chancellor, as is clear from Cajfwdore ' ; and I'beo- 
 dorick makes mention of Samnium ellewhere * j ib that there is not a Pro\ince of 
 thofe which now make the Kingdom of Naples^ which I'beodorick did not carefully 
 provide for, giving them juil and necelfary Means for their good Government, 
 which we lee in the Records that are now remaining of this Prince ^ for all which, 
 among other Writers, we are indebted to Cajffiodore. 
 
 ' Caf. lib. ;. cap. i^. 1 ' Caf lib. ii. cap. ^6. 
 
 ~ p. Caret. | * Ibid. lib./, cap. 27. 
 
 SECT. V. 
 
 T'he fciim Cocks retain'J, and the fame Conditions of '^erfons 
 
 and Inheritances. 
 
 FR O M whence we may clearly perceive, that our Provinces, when the Roman 
 Empire of the Weft was extind:, altho' they came under the Dominion of the 
 Gotbs^ yet did not luffer thole Changes which ulually happen under the new Go- 
 vernment of Foreign Nations. There were no new Laws introduced into them, 
 but they retain'd the Reman ; and the Common Law of our Inhabitants was that 
 of the Romans, which is now contain'd in the Gregorian and Hernwgenian Codes, 
 and above all in the I'heodofian ; and in the Body of the No'vellx of tliis Emperor, 
 Valentinian, Martian, Major an, Seieriis, and Antemius, his Succeflbrs ; And full 
 Authority and Force was given to the Books of thofe Civilians whom Valentinian 
 made Choice of 
 
 THERE was no new Form of Government introduced, and the fame Officers 
 were continu'd ; neither was the Variation of Magiftrates fo great, but the moft 
 confpicuous and fublime Dignities were prcferv'd: For it was the Notion of 
 Theodortck, and afterwards of his Succeflbr Athalarick, to govern Italy^ and thele 
 our Provinces with the fame Spirit and Form by which the Empire was govcrn'd 
 under the Emperors ; and it is the firm Opinion of our Writers, that the Affairs 
 of Italy, under his Reign, were more quiet and peaceable than in the Reigns of 
 the laft Emperors of the Weft, and that he was the firft who banifh'd lb many 
 Mifchiefs and Diforders. 
 
 WHENCE it came to pafs, that altho' thefe our Provinces palfed from the 
 Romans under the Dominion of the Goths, neverthclels the Pcopje did not be- 
 come liable to the fame Servitude that thofe of other Provinces of the Roman 
 Empire, conqucr'd by other Nations, underwent. Thus Gallia, when it was 
 vanquilh'd by the French, was treated as a conquer'd Country ; it being certain, 
 that they made themlelves Mafters both of the People and Lands of it, that is to 
 fay, they made themfelves pcrfedt Lords, as well of the publick Dominion, as of* 
 the Property and private Inheritance ' ; and, as to the Pcrlbns, they made the 
 
 ' Loyfeau, de Sign, cap 
 
 Natives
 
 146 The Civil, History of Book IIF. 
 
 Natives of rtic Country Slaves, not by intire Slaverj^ but fuch as the Romans 
 call'd Ceiijiti, or /Ifcnptirii^ or Colonics condcmn'd to the Plough '. The Gcths 
 did not treat Italy^ Sicily, and thefe our Provinces after that manner, but 
 left the Condition of the Perlbos untouch'd ; for they were not govern'd by a 
 Foreign Prince, but by a Kin<; who valued himiblf upon living after the Konian 
 manner, and keeping the fame Laws and Inftitucions which the Konians had : 
 Alcho' there were in many \'illages of our Provinces fome of thoi'e yifcriptitii and 
 Ceiiflt! (as there were likewifc Slaves, becaufe in the Time of the Gofbs the Ufc of 
 them had not been abolifh'd ^ ) or their Off-fpring, in the iame manner as they 
 were under the Romans, of whom there are many Veftiges in the 1'beodcjian and 
 Jnliintnu Codes, whom the fucceeding Ages call'd Angari and Pj-ragam-i ' ; which 
 is confirm'cf by an E\'cnt, related by Hugo Falcandtis, in Sicly, in the Time of 
 Il'tlluun il. which was this ; The Citizens of Caccamus having complain'd to the 
 King againfl John La'cardin a frenchman, who had opprels'd them by exadling the 
 Half of their Income, according to the Cuftom of Frame, as he laid^ and thele 
 Complaints being reported to the Chancellor Stephen Partius, likewife a Frenchviatiy 
 who gave no Rcdrefs ; his Enemies incenfed all the Sicilians againfl him, who 
 cried out. That they were free, and were not to be treated after the Cuftom of 
 France ; Ut uniierfi populi Sicilice reddittis anmtos, & exailiones^ folvere cogerentur 
 justa Gallix confuetudiuem, qua Cires liheros non haberct: 
 
 A N D as for the Inheritance, and the Lands of Gallia, the victorious French 
 confilcated them all, the State aftuming to itfelf both the one and the other Do- 
 minion of them •*. And excepting thole Lands which were rcfer\''d for the King's 
 Domains, they diftributcd all the reft to the principal Chiefs and Captains of their 
 own Nation ; giving to one a Province, with the Title of a Dukedom ; to ano- 
 ther a Frontier Countr)', with the Title of Marquilate ■ to fbme a City with its 
 adjcyning Territories, with the Title of County ; others got Caftles and Villages 
 with fome Lands about them, with the Title of Barony, or Lordfhip of the 
 Manor, according to every one's Merit, and the Number of Soldiers which they 
 had under their Command j for they were given both to themfclves and their 
 Soldiers. The Goths did not fo in Italy, and in thefe our Provinces ; for they left 
 the Lands to the PoflefTors, neither did they difturb any Pcrfons in their pri^•ate 
 Eftates and Heritages ; and the Provinces and Cities were govern'd by the lame 
 Officers, as formerly they had been under the Empire of Valentinian, and the 
 other Emperors of the Weft his PredecefTors. Neither in Italy, nor in thefe 
 our Provinces was the Cuftom of Feodal Tenures, Dukedoms, or Counties intro- 
 duc'd, except in the Kingdom of the Longobards, of which we fhall treat in the 
 fourth Book of this Hiftory. 
 
 ' Cod. de Agric. &: Cenf lib. ;. Connaii. in I ^ Gor. in Cod. Thcod. lib. 3. rit de Curf. 
 
 Com. Jiir. Civ. lib. 2. rit. C. 
 
 ^ Leo Oflienf. in Chronic. Caffm. GlofTator. 
 in Nocjs, cap. 6. num. y;!. 
 
 Pub. &: Ant;ar. lib. 4. 
 Loyl'cau, loc. cir. 
 
 SECT. vr. 
 
 of the eminent Virtues of Thcodorick, and his Death. 
 
 THE0D0RI6K was truly endow'd with all tliofe rare and noble Virtues that 
 ever adorn'd a moft excellent Prince. For his Piety and Worfliip of the true 
 God, he was extoll'd, with immenfe Praife, by F.nnodins the Catholick Bifliop of 
 Paiita : And altho' he was well inftruded in the Chriftian Religion, yet his Dodlors 
 had confounded and ftain'd it with the peftilentHerely of Arius, wherewith he and 
 all the Goths were infedted. This Fault is not to be laid to the Charge of the Goths, 
 but of the Komam themfelves, and efpecially of the Emperor Vatens, who fent 
 
 Arian
 
 Book III. /Z?^ K I N G D o M 0/ N A P L E S. 14! 
 
 yfrw» Doftors to inftruft this Nation in theChriftian Religion ; lb that Salnjicjms ', 
 that holy Bifhop of ALvfe.'IIes, call'd this Misfortune of theirs, not a Fault of the 
 Gotbs, but of the Knmau Alagiftracy ; and this holy Bifhop teftifics. That they 
 reckon'd this Error of theirs but as a greater Honour done to God ; and for this 
 their pious Belief and Motive, the (^oths ought not to be reputed unworthy of the 
 Catholick Taith ; and if we compare their Works with thofe of the Catholicks, 
 they will be found to exceed them very far in Goodncfs and Juftice, in Venera- 
 tion of Churches, in Faith, Hope, and Charity : W hence it is, that Socrates % 
 the \\'riter of the Erclefiaflical Hiftory, gives the Title of Martyrs to many 
 Goths^ who were kill'd by the Paz.'^iis for their Religion, as thofe, who with 
 a fingle and devout Heart were dedicated to Chrift their Redeemer. And if the 
 Goths fell into this Error by the Fault of another, that Blot was wafh'd away and 
 recompens'd by the Merit o( Rtccarcdtis, who purg'd all Spjui from y/r/V?;////// with 
 their Blood. 
 
 AND it was a fingular Piety of the Goths, and efpecially of ^bcodorick, his 
 forbearing all Violence againlt his Subjeds with rclpecil to Religion ; and akho' 
 they were tainted with the Arian Tenets, yet for all that, he did not hinder his 
 People to profefs the Faith of the great Council of Nice ' ; for all the 7"ime that 
 ^beodorick reign'd over Itcly and thtie our Provinces, he not only allow'd his 
 SuLjecfts to profels the Catholick Religion, without any Moleftation, but likewifc 
 permitted the Goths themfehes, if they had a mind to quit Arianifm and embrace 
 the Faith of Nice, freely to do it. 
 
 THE Piety of this Prince will be the more refplendent, if we confider, that 
 akho' he did not profefs the Catholick Faith, ) et he had fo much Care and 
 Concern for it, that he would not allow any to be chofen for the Government of 
 the Church, but Bifnops of known Probity and Learning, and fuch he lov'd and 
 relpeded ; of which Athalarick his Nephew gives full Teftimony, as we have it 
 in Cajfiodore •* ; Oportebat enim arbitrio bom Principis cbediri, qui fapieuti deltbe- 
 ratione pertra^ans, quawvis in aliena Religione, talem i-i/hs efl Pontificem elecriffe, 
 lit cigmfcatis ilium hoc optajje, prxcipiie, quatemts bonis Sacerdctibiis Ecclefiariiin 
 ounutiM Keligio ptiUitlaret. 
 
 WHENCE it was, as Paul IJ'ariiefrid and Zonara relate ', that this great 
 Schifm having arofe in the Roman Church in his Time, it was fbon extinguifh'd by 
 his calling a Council, and Things reftor'd to a firm and quiet Peace. We read 
 likewife moft fevere Edidls of this Prince, and alio of Atbalarick his Nephew, 
 by which all thofe Ordinations of Bifhops were feverely prohibited, which, out 
 of Ambition or by the Power of Mon2\-, were made, annulling them altogether, 
 and reckoning them of no Force or Effedl ° ; of which we (hall difcourfe more at 
 large when we come to treat of the Ecclefiaftical Polity of this Century. And 
 befides we read of T'/vcrfcr/c/i, that akho' he profefs'd another Religion, he would 
 have the Catholick Bifhops oifer up Prayers for him to God, which he often thought 
 availed him : For which Caufc it ought not to item flrange, as Grotius lays, that 
 Silverius, a Ro7//.t;; Catholick Bifhop, had been fuJ'pcfted b)- the Greeks, as if he 
 had been more willing and defirous of the Dominion of the Gotbs in Italy, than 
 of the Greeks themfehes. 
 
 AND 'tis to the Piety of this Prince we are indebted, that thefe our Pro- 
 vinces, which now make up the Kingdom of Naples, akho' they were under the 
 Dominion of the Arian Gotbs little lefs than Seventy Years, yet were never molefted 
 with that peftilent Hcref\-, but retain'd the Catholick Faith as pure and un- 
 tainted as their Fore-fathers had embraced it, and that afterwards they were able 
 to ftand their Ground againft the frequent Incurfions of the Saracens, who in the 
 following Time invaded them, aiid made War with them : Foralmuch as T'beo- 
 dorick was pleas'd not only to leave it as he had found it, but to fivour it, and 
 to be its Keeper and Defender ; by whole Example Atbalarick, and the other 
 Gotbs his Succeffors were moved to a6l fo, that during their Dominion it was 
 neither molefted, nor in the leaft polluted. 
 
 ' Salvian. lib. j-. deGubf.rn. Dei. | •* Caf. lib. 3. cap. 14 
 
 ' Socr. lib. 4. cap. 5-;. j ' Grot. loc- cir. 
 
 » Grot. inProleg. adHift. Goth, • * Ca!'. lib. 9. cap i.;. 
 
 Q^q WE
 
 14^ 
 
 The Civil History of 
 
 Book I If. 
 
 W E have no occafion to enlarge on the Juftice, Humanity, Faith, and all the 
 other moft valuable and noble Virtues of this Prince, feeing CaJJiodore in his Books 
 has given us fuch a lively Idea of fo polite, juft, and clement a Reign, that Grotius 
 uf>on good Grounds fays ' ; Pl^.mqiic fi qiits ciiltiffiiiii^ clemeutifimiqn^ Jp/perii for- 
 rium: confpiccre 'voluerif, ci ego legendiis ceiijetVit Kegimi Ojlrogothoytmi EpiJiolaSy quas 
 CrJJlodorus colleHas edtdit ; fo that the Goths with good keafon could boaft of 
 this Praife to Belifarius '■ : Neither was it without Realbn, that 'Tbeadorick himfelf 
 faid ; j'Eqt'.itdti fate : eiiiinentiam nniiid 'virttitc deftndc^ iit inter Katioiw.m caifitc- 
 tudiiiem pcrverfa)/!, Gotboniiii pojfis dcmonJ}rarc jiijlitiniii : And elfe where ^ hatta- 
 mhfi certe Gnthos jioftjySy qui foris pralia, intiis norintt exercere jujtitiam. And the 
 Study and Care of this Prince was fo great; in governing his Subjeds with exadt 
 and perfed: Juftice, that he faid to them, He would demean himlelf fo towards 
 them, that they (hould be Ibrry they were not fooner under the Empire of th^ 
 Goths. Procopitis, tho' a Greek.., could not forbear extolling thefe his Royal and 
 Super-excellent Virtues : He was the Preferver of the Laws j juft in appointing 
 the Prices of the, Anmnx ; , exact in fettling the Weights and Aleafures ; and in 
 impofing of Tributes his liiquity was wonderful, and often on juft Occafions was 
 ready to remit them : If his Soldiers, on a AJarch at any time wrong'd the Country 
 People, Tbcqdorick ufqd to fend Money to the ijifliops to rcimburle them of their 
 Damages: If there was occafion for Materials for Building of Ships, or Fortifying 
 his Camps, he immediately paid the Value of them: He was jnoft liberal to the 
 Poor ; and the p-eateft Part of his Royal Imployment was in relieving and taking 
 Care of the Orphans and Widows, of which CaJJiodore hath given us clear Evi- 
 dence. 
 
 , THE Moc^eration of this Ppnce, from the above-related Fadks, is fufficiently 
 evident ; and it being in his Power to fubjedl the Vanqyifh'd to the Laws of the 
 Conqueror, yet he allow'd them to enjoy the Laws under which they were born 
 and brought up. He allow'd, that under his Reign Kume (hould be govern'd by 
 the fame Roman Senate : That the Komans fhould be judg'd by Konians ; the 
 Goths and Romans., by Goth and Roman : That they fhould retain that Religion 
 •which they had fuck'd in with .thpir Milk % he was moft averfe from introducing 
 Novelties, they being always pernicious to the Commonwealth, and the Occafion 
 of great Diforders. 
 
 HIS Temperance was call'd by Einiodins a Sacerdotal Modcfty; and, accord- 
 ing to the Cuftom of his Nation, he was moft Iparing of his Food, and much 
 more fober in his Cloathing. In his Reign, the Goths were moft continent and 
 chafte, neither were there Snares laid for Womens Virtue ; <^ix Roviani polluerant 
 fornicatione., fays Salxtaniis •', wiindant Barbari cajiitate '■ And ellewhere j Impit- 
 dicittam nos diltgiviius., Gothi execrantur^ pnritatevi jws fngimiis, illi atiiaut. They 
 liv'd on very fimple Food, fuch as Bread, Milk, Cheefe, Butter, Flcfh, and fre- 
 quently raw, only a little macerated with Salt. For Brevity's fake, 1 pafs over his 
 Royal Virtues. To this Day in Ro?//e and Ra^vcima, the Monuments of his 
 Magnificence in Buildings, Aqueduds, and other fplcndid Works are admir'd. 
 His Valour, Fortitude, great Spirit, and Genius, always ready for noble and hard 
 Enterprizes, are fufficiently known by the Courfe of his gallant Atchievements 
 from his Childhood upwards. A Prince moft expert both in V\'ar and Peace ■ for 
 in the one he was always Victorious, and in the other doing Good to the Cities and 
 his People : and his Power arciv'd to that Pitch, that he could keep within their 
 Bounds, without the Tumult of War, but only w ith his own Authority, all the 
 barbarous Kings w ho had any Footing in the Empire j and, for reftoring Jt.':ly to 
 its ancient Peace and Tranquillity, he built many Cities and Fortreffes along the 
 Point of the Adriattck Sea and the ,7//).f, as Barriers againft the Incurfions of new 
 Barbarians : So that 'tis the conftant Opinion of all Writers, that by his Power 
 andGoodnefs, he not only freed Ro;«f and //t?/;)', but all the other Parts of the 
 Wcftern Empire, from the continual Skirmifhcs which for fb many Years, by fc) 
 many Inundations of Barbarians they had endur'd, and reduc'd them to good 
 Order and a happy State. 
 
 ' Grot. In Proleg. ad Hifl Got. 
 * Procop Ilift. Gorh. 
 
 ^ p. Garct. in Vita Caf. par. i. §. ii. 
 * Sulvian. loc. clt.
 
 Book in. the K i n g d o nH 0/ N A P L E S. iif 5 
 
 I KNOW there are fome who believe, that all thefe Virtues of 'theodorick 
 were lullied by his Treachery towards Odeacre, and at laft putting him to Death j 
 and in the latter End of his Days, by I'ome Cruelties occafion'd by fufpeftcd 
 Pei-fons ir\ his Kingdom, and for having put to Death Symmachus and Boetius his 
 Son-in-law, who were Senators and rais'd to the Confulfhip : Men of moft noble 
 Blood, moft accomplifh'd in the Study of Philolbphy, moft Religious, and for 
 Piety and Learning moft remarkable. 
 
 B U T if thefe Fads were attentively confider'd, Reafons of State will excule 
 the firft ; and as for his Cruelty to Syumutcbiis and Boetius,^ we ought to blame 
 ^leodvrick for the lelf fame thing, fot which his own Domefticks blamed him j 
 Id Hit mjuriXj as Procopius fays, ;;; fubditos prhmim, ac poftremum fuit^ quod nofi 
 Ofihitita, tit folebat^ inquifitione de firis tantis Statucriit. I^beodorick only failed in 
 this, that Syimiacbus znd Boetnis out of FA^vy, having been charg'd With plotting 
 againft his Life and Kingdom, without making great Inquiry in fo ferious a 
 flatter, which requir'd the utmoft Circumfpcdion, he condemn'd them to Death ; 
 as for the reft, as Grottus well oblcrves ', Atiiitn ib't, non de Reltgione, qux Boethio 
 fat is PLitonicd fuit, fed de Imperii Statu. Certainly 'tbeodorick was not induced 
 by flight Motives, but for Reafons of State, not Religion, as fome believe. We 
 have feen very well, what the Sentiments of this Prince were, concerning Liberty 
 of Confcience as to Religious Matters, and fticking to what Religion each one 
 beft pleas'd. It could not be Boetius his Cafe, whofe Religion was more Platonick 
 than Chriftian : And if we may believe Procopius, I'bectdorick, a little before he 
 died, was heartily fbrry for his Fault with the moft intenfe Grief of Mind ; for 
 whilft he was at Supper one Night, a Fifh with a prodigious big Head being put 
 on the Table, the Image o( Sytnmachus came Co lively in his Mind, that he fancy 'd 
 the Head of the Fifh was that of Syvimachtts, and that with a cruel and horrible 
 Countenance, it threaten'd to be reveng'd of him for his Death ; lb that being 
 frighted by fu£h an ominous Sight, there run a Coldnefs through his Veins which 
 qblig'd him to lie down, and to be cover 'd with Heaps of Bed-cloaths j and having 
 told Etpidii'.s his Phyfician what had happen'd to him ; In Symmacbtm, ac Boethium 
 quod peccaverat, deflevit : paniticeqt'.e, ac doloris inagnifudine, no7i mUlto poji obtit, 
 as Procopius relates. 
 
 ^ Jcrnandes fays nothing of this ftrange Adventure, but makes him die of old 
 Age, by telling, that Tbeodorick poftquam ad fenium per'veniffet , i3 fe in brevi ab 
 bat luce egreffurum cognofceret, caus'd the Gotbs to be conven'd before him, with 
 the principal Lords of the Kingdom, and in their Prcfence appointed AtbaJarick, 
 Son, of ^w-^/i?//.';///^^ his own Daughter, his SuccefTor, his Father Eutarick being 
 dead, who was likewife of the illuftrious Race of the Amali ; and being but ten 
 Years old, he was educated under the Care of his Mother. He did not negled: 
 to recommend to them the Fidelity which they ow'd to the King his Nephew : 
 He recommended to them likewife Love and Refpedf to the Senate and People 
 of Kovie ; and above all he charg'd them to cultivate the Friendftiip and 
 Favour of the Emperor of the Eaft, with whom they were to maintain a firm 
 and lettled Peace and Confederacy : Which Advice Amalafiintba having religioufly 
 obferv'd, the Affairs of the Goths went on profperoufly enough, while her Son 
 Atbalarick liv'd ; for, during the Space of eight Years that they reign'd, they 
 maintain'd the Kingdom in a firm and fettled Peace. Such was the Death of this 
 illuftrious Prince, which fell out in the Year 526, after having reign'd little lels 
 than Thirty-eight Years, and reftor'd to Italy and thele our Provinces, their 
 ancient Peace and Tranquillity. 
 
 ' Grot. loc. cir. 
 
 SECT.
 
 1 44 'The Civil History of Book III. 
 
 SECT. VII. 
 
 Of A T H A L A R I C K, King 0/ I t a l y. 
 
 DURING the Minority of Athalarick^ Ainaiafitntha his Mother took upon 
 her the Government of the Kingdom : A Princefs adorn'd with many Virtues, 
 who was equal in Wiidom to the wileft Kings of the Earth : She govern'd the 
 Kin<^dom, and the Nonage of her Son with fo much Prudence, that it feem'd 
 little inferior to that oi I'heodorick her Father. He was no fooner dead, than being 
 mindful of his Advice, Ihe caus'd Atbalarick to write to the Em-p^vorjiijiimis I. 
 ( who having fuccceded to Anaftafiiis^ go^■ern'd at that Time in the Eaft ) afteftio- 
 nate and relpedful Letters, for preferving Concord, which Tbeodorick had en- 
 join'd to be done. She caus'd other Letters to be written to the Senate and 
 People of Rome, moft affedionate and full of Eftcem, which wc yet read in 
 Cajfiodore '. 
 
 SHE kept up the fame Form, and Inftitution of Government which 'Tbeodorick 
 
 had done ; neither did fhe allow any Thing to be alter'd during the Reign of 
 
 her Son ; retaining the fame Laws -, the fame Magiftrates, the fame Difpofition of 
 
 the Provinces, and the fame Adminiftration. All her Study was to have the 
 
 young Prince brought up after the Manner of the Romans^ and inftruded in 
 
 good Literature and Virtue ; for which purpofe he had many Mafters for teaching 
 
 him. But the Goths, and the great Men of the Court, having foon forgotten 
 
 the Counfels of Theodoricli, took it ill, that Amalafimtha fhould caufe the Prince 
 
 to be brought up after that manner, crying out. That they would have a King 
 
 that fhould be bred amongfl Arms as his PredecefTors had been. At laft fhe was 
 
 oblig'd to leave him to their Management, which was fb fatal to this poor 
 
 Prince ; that falling into all forts of Lewdnefs, he languifh'd in fuch a manner.^ 
 
 that it fbon brought him to his Grave ; for having fcarcely reign'd eight Years, 
 
 lie ended his Days in the Year 534, which was the Beginning of the Misfortunes 
 
 and Ruin of the Goths in hnly^ and of the Confufions and fb many Revolutions 
 
 which afterwards fell out : In the mean time, Jitjliims had rais'd his Nephew 
 
 Jujlinianus to the Empire of the Eaft, who, for his fb many famous Atchieve- 
 
 ments fhall be the Subjcdl of the following Chapter. 
 
 ' Caf. lib 8. cap. i, 2, >. ^ Ca:'. lib 8- cap. ;. 
 
 
 CHAP.
 
 Book III. the Kingdom of NAPLES. 
 
 H5 
 
 CHAP. III. 
 
 Of the Emperor JUSTINIAN, and his LAWS. 
 
 HILE Amalafuutha, by her Prudence, wasmaintaining the fame Peace 
 and Tranquillity in Italy^ in which T'bcodorick had left it ; and the 
 Reign oi Athalarick, as being uniform with that or" his Grandfather, 
 prov'd moft gracious to the People, at the Requeft of the Con- 
 Jiaiitinopolttafis, Jujiln made his Nephew Jtijiinian his CoUegue and 
 Emperor, on the firft Day o{ April in the Year of our Salvation 527. 
 And fuflin dying four Months after, he begun to rule the Empire of the Eaft 
 alone '. This was that Jufiinian, who for his notable Atchievcments, acquir'd the 
 Surname of Great ; under whom the Empire recover'd Vigour and Strength, not only 
 in Time of Peace, but of War, by reafon of the famous Civilians who flourifh'd in 
 his Days ; and by the Valour of Beltfarius and Narfes, his illuftrious Captains. 
 His firfl: great Enterprizes were thole which he undertook in Time of Peace. In the 
 firft Year of his Reign he employ 'd himfelf in giving a more noble Form to the 
 RowrtM Jurifprudence; and envying no lefs the Glory of 1'heodofius the lounger, 
 than of Valeiitiuian III. which they had acquir'd, the one by compofing the famous 
 'Thcodofian Code, and the other by the Care he took of the Books of the Civilians ; 
 he would not only imitate them, but excel them in fuch manner, that being com- 
 par'd together, his fhould eclipfe and fmother their Fame ; and that neither in the 
 Eaft, nor in the Weft, their notable Deeds Ihculd be any more remcmber'd. 
 
 ' Pagi DlfTer. hyp. de Confulib. p. 500. 
 
 SECT. I. 
 
 Ofthefrji JUSTINIAN Code. 
 
 IN the firft Year of his Empire, in the Month of February in the Year 528. he 
 put forth an Edidt, directed to the Senate o{ Conjlauthioplc, for the Compiling 
 of a new Code. He chofe for this Work the moft famous Men in his Time of three 
 Orders, ofMagiftrates, ProfeflTors, and Advocates: Of the Order of Magiftrates, 
 Joannes, Leojitius, Phocas, Bajiltdes, Tomafus, ^ribonianus, and Couftantme : Of 
 Profeffors fheophilus was chofen ; and of the Lawyers Diofcortus aiid Prefentinus^ 
 and over them all I'ribonianus was put as their Head. 
 
 THE Form which he prefcrib'd to them, was to colledl from the three Codes, 
 the Gregorian^ IJerimgemaii, and T'heodojiaii, the Conftitutions of the Princes con- 
 tain'd in them ^ and befides thefe, to add the others, which T'heodofius the Tounger^ 
 and the other Emperors his Succeflbrs, down to himfelf, had from time to time 
 publifh'd, and likcwife thofe which he himfelf had put forth ; all which they were to 
 join together in one Volume. He moreover prefcrib'd to them the Order and 
 Method, that is to fay, to retrench what they found Ufeleii and Superfluous in 
 
 R r them.
 
 1^.6 The Civil History of Book III. 
 
 them, to leave out the Prefliccs, to expunge altogether thofe that clalh'd with one 
 another, to curtail, change, and corred them, and to render their Meaning more 
 clear ; and to place them according to the Order of the Time, and the Matter of 
 which they treated. They were not to negled toputtoeachConftitution the Names of 
 the Emperors who publifh'd them, the Place, the Time, and the Perfons to whom 
 thev were direded : All this was in Emulation of 1'heodofins, as is manifeft from the 
 Edi'd of J lift iiiiaii, which we read under the 7/r. de novo Cod. facieiido. 
 
 THESE famous Civilians employ 'd their Labours little more than a Year 
 in the Compiling of this new Code ; lo that in the Beginning of the third Year of 
 his Reign, and properly in y^pnV in the Year following 529. it was compleaced, and 
 publifli'd : And by another Edid under the I'lt. de Jiipniaueo Cod. confirmaudo, he 
 ordain'd that this Code fliould folely have Authority in the Courts of Juftice ; that 
 the Judges (hould make ufe of it, and the Advocates, in their Pleadings at the Bar, 
 fhould quote no other Laws but what were contain'd in it : He entirely prohibited the 
 firft three Codes, which he ftripp'd of all Authority, and they were never any more 
 to be quoted in the Courts ; fo that the Theodofian Code was eclips'd in the Eaft. 
 However it was not fo in the Weft, and particularly in Italy, where, during the 
 Dominion of the Goths, that of Jtifiinian was not receiv'd ; therefore the I'beodofian 
 Code had better Succefs in the Weft, than in the Eaft, by the Means of Jnfiiniaii. 
 
 THE Conftitutions which were colleded together into this new Code, and 
 divided into twelve Books, being taken out of the three firft Codes, began from 
 y^drian down to Jiiftiiiidu, and contain'd the Laws of 54 Emperors. Whence it is, 
 that fome Conftitutions quoted by the Civilians in the Pandcds, are to be found in 
 this new Code, that are not in the ^keodofian, which begun from Conftantinc the 
 Great, but are to be found in the Gregorian and Herimgeman Codes, from which 
 this laft was taken. 
 
 SECT. II. 
 
 Of the Pandecls end Inftitutions. 
 
 JUSTIN I AN in order to excel 7'beodojius in Fame, was not contented with the 
 Code alone ; but took in hand a more noble Undertaking : that is to iay, of 
 coUeding and joining together the Memorials of all the ancient Juriiprudence, and 
 of difpofmg them in order ; and as he had done with the Conftitution of the Princes 
 which reign'd from Adrian down to himfelf, fo he intended to do with the Kefponfa 
 of the ancient Civilians ^ the Notes which they had made on the Koman Laws, and 
 elpecially on the Edi^tun perpetnuiH ^ their Treatilcs ; their methodical Books ^ and, 
 in a Word, with all their Commentaries ; the Works of which were fo ample and 
 numerous, that they were reckoh'd to be 2000 Volumes, yuftintan in the fourth 
 Year of his Reign, put forth another Edid ', direded to TriOon/anus, wherein he gave 
 Orders to him, and fixteen others his Collegues, to fet about inch a hard and diffi- 
 cult Task. The greateft Wits of the Age were cholen, which truly fuch a crabbed 
 Work rcqiiir'd. Befides fribonianus, Tbeopbiltts, and Cratimis, famous ProfeflTors 
 of the Law in the Academy of Conft ant tnople, wereeleded; Dorodeiis, and Aiiatolius, 
 likewife ProfelTors in the Academy of Beryt is : Of the Order of Magiftrates Conftan- 
 titie i and of the Order of Advocates, eleven were chofen, to wit, Stcp/fanw, 
 Mem:.", Profdocius, EutQlmitis, I'liiictbens, Leonid.es, Leontms, Plato, Jacobus, 
 Con(iantitts, and Joannes \ 
 
 WHILE they were all intent upon this great Work, which in the Space of three 
 Years they finifh'd, Juftinian was pleafed to order Tribonianiis, I'beopbilt'.s, and 
 Dorodetis, to compile for the Benefit of the Youth, the Inftitutions or Elements, 
 and Principles of the Law, becaufe the Youth, ietting out at firft in this plain and 
 fimple Path, might afterwards advance to the Study of the Pandeds, that were 
 
 ' L- I- C. de vet. Jur. cnucl. * L z, C de vet.Jur. enud. 
 
 already
 
 Book III. the Ki Si G DOM of NAPLES. 147 
 
 already preparing ; Which was foon perform 'd by theie three excellent Civilians 
 after the Example of the Ancients, to wit, C.{jtis, Ulpimns^ and F/orcntimis ; and 
 altho' the Compofition of the Digelb had been firft order 'd : Nevcrtheleft the Infti- 
 tutions were piiblifh'd a Month before the Pandeds, for the forelaid Purpofe, to 
 wit, in November 533. in the fevcnth Year of his Empire. They divided thele 
 Elements into four Books, Ninety-nine Titles, and if we (hould alio number the 
 Principles of them, into Eight hundred and fixteen Paragraphs. A Work, in the 
 Opinion of the incomparable Cv/.'o;/j, moft pcrfedt and moft elegant, which oiioht 
 not to be loaded with fb large Commentaries, as is pradtis'd in our Days ; but it 
 fhould be always at hand, and with the help of fmall Notes, in the fimplert manner 
 explain'd to the Youth, which was the Opinion of thofe who compos'd it, and of 
 Jufriuian who ordtr'd it. 
 
 THESE Elements being publifli'd, the great Work of the Pandeds was quickly 
 finifh'd, which a Month after, in the Month oi December \n the lame Year 533. 
 were publifh'd o\tr all the Ealt and Illyricum. They no Iboner appeared than they 
 got two Names, the one Lattn Digefta^ the other Greek Pandettce^ both of them 
 taken from the ancient Civilians : They were call'd Digefta, becaufe in the Books 
 which they contain, the Opinions of the ancient Civilians were plac'd in a certain 
 Order, and difpos'd of, as much as was poffible, under each Title, according to the 
 Method and Series of the perpetual Edidl : They were likewife call'd Prnde^te, as 
 comprehending all the ancient |i;ril"prudence '. 
 
 WHENCE, from what Civilians, and what Books of theirs the Digefra were 
 compos'd, is a 1 hing eafily to be gathered from the Catalogue of the ancient 
 Civilians, and from their Works, which we fee at this Time prefix'd to the Floren- 
 tine Pandedls. There we fee 37 Authors, moft famous Civilians, often commended 
 by us ; for in the firft Book, we made mention of the Civilians, who liv'd from the 
 Reign oi Aiigttfius to that oi Confiantine the Great : Befides thefe, there's honourable 
 mention made of many others, who deferve to be named and praifed for their 
 Works ; and they ought to be explain'd and illuftrated with juft Commentaries, 
 and lafting Notes. In which we ought not to rob Jacobus Labittits of his deferv'd 
 Praife, who with great Care and Accuracy compos'd an Index oi the Laws, which are 
 in the Pandeds ; in each of which, befides defigning the Author, he goes ondiftindly 
 to mark, from what Book, or Treatife of thele ancient Civilians, it had been taken, 
 picking out the Laws which are fcatter'd here and there through the whole Body of 
 the Digefts, and then placing each of them under that Treatile, or Book of the 
 Civilian from which it had been taken. A Labour as ingenious as ufeful for the 
 right Underftanding of the true Senle of them ; it being a wonderful Thing to fee 
 how the one is cleared up by the other, when they are difpos'd under the Books 
 from which they were taken ; which Light could never have been expeded if they 
 were rc.id lb diipers'd. And this Author fully demonftrates by many Examples, 
 how much the ufe of this Index conduces to the true Interpretation of the Laws; 
 and how much he was commended by Ciijacitis his Mafter, who encourag'd him to 
 profecute this excellent Work, and caule it to be printed: Cujacius confirm'd by his 
 own Example, what had been demonftrated by Labittus, by putting in Pradice 
 and bringing to bear, what he had taught ; whence we fee that this incomparable 
 Civilian, in Commenting upon the Laws of the Pandeds, takes another Method, and 
 goes not the lame way to work, as had been pradis'd by the other Commentators ; 
 that is to lay, by feparating the Laws, thofe which were Africani>s''s, and taken from 
 hisBooks, he puts together, and dilpofcs them under proper Titles; then in this order 
 comments on them, as he did likewilc on Papinianus^ Pauhis, Scevola, and ibmc 
 other Civilians ; the admirable Ufe of which, and of what great Advantge it is, 
 y^ntonius Auzujiinv.s \ery well knew, who compil'd fuch another Index, and likcwile 
 all thole who underftand our Jurilprudence fully know the Benefit of.it. 
 
 I N the mean time Triboniamts and his Collegues, were plcas'd to divide this great 
 Work of the Digefts into feven principal Parts, to diftinguilh it into fifty Books, 
 and to diftribute it into 430 Titles. If we will look on the Florentine Pandeds 
 which are preferv'd with great Care in Florence, in the Library of the Medici, we Ihall 
 fee them divided into two large Volumes ; Altho' Crifpnt ' reports, that anciently 
 
 ' V. Ant- Auguft. in libel, do nominib. pro- , ^ Crifplnus in feric PP. in Princ. 
 priis Pandc£l. Elorent. c. d< Pand. nom- & gen. I 
 
 ail
 
 148 The Civil History of Book III. 
 
 all the 50 Books made but one Volume ; but thofe which are now in the Hands of 
 every Body, have been varioufly divided according to the different Editions. Of 
 the many which we obferve at this Time, and particularly thofe of our lateft Times, 
 w'hich are infinite, there are three that are moft efteem'd, and receiv'd into the 
 Academies and Tribunals of Europe. The firft Edition, that is to fay, the Vulgar 
 and lefs correft, is that which Accurfits and the other ancient GInffators made ufe of 
 The fccond is call'd the Norudii, or the Nuremberg., and is tiiat which Gregorms 
 Aloaudrus caus'd to be printed in the Year 15 31. The Third is call'd the Florenthie 
 or PifaUj which we owe to Francifcus 3^aureUus, who in the Year 1553. cauled it to 
 be printed from the Library of the Medici. 
 
 THE common Divifion of this Work into three Volumes, is much more ancient 
 than feme believe ; fince from the Time of Pilcus., fiulgariis, and AiCo, it was 
 divided in fuch manner for the greater Conveniency ', it being lb bulky, when 
 comprehended in one Volume, it could not be read or man.ig'd but with great 
 Difficulty. How afterwards the Name was given to each Volume, to the firft the 
 ancient Digcft, the fecond Infurtiatus^ and to the third the New, they all three coming 
 forth at the lame Time, is very hard to account for. For the Firft's being call'd 
 the Old, and the I.aft the New, it would not feem ftrange ; but that the 
 IMiddlcmoft Ihould, by a foreign Vocable, be call'd Inforti^tiim, is what hath em- 
 ploy'd the Pens of many Writers, who have ftoop'd too low by meddling with fuch 
 a poor Subject. 
 
 SOME have believ'd that it was call'd Infortiatum, from the GreekW ord (po^rm^ 
 which in Latin fignifies Onus, becaule this Volume contains the moft obligatory 
 Laws, fuch as the Reftitution of Portions, of Guardianlhips, Fleritages, Aliments, 
 the performing of Deeds of Truft, and others \ The Conjedture of Bernardus 
 iValterus ' is more tolerable, who fays, it's call'd fo corruptly, by the Fault of the 
 Writers, who, inftead of Infarcitum^ as being plac'd in the Middle betwixt the Old 
 and New, have call'd it Infortiatiim. But above all the reft, that of Alciatus feems 
 to be the beft, who reckon'd it a barbarous and infipid Word " ; or the other which 
 laftly was communicated to John Doviat ' by Claud Chappellaine, Dodor of the 
 Sorbomic., and King's Profcflbr of the Hebrew Language in Paris : He fuppofes it to 
 be deriv'd from the Chaldean Forthtata^ which Word is taken by the Rabbins to 
 fignify Teftament ; or a Man's laft Will ; whence it may have happen'd, that fome 
 Body either jeftingly, or for Novelty's fake, who inftead of Teftament, had call'd it 
 Infortiatus, and from thence transferr'd the Word to this Volume of Digefts, wherein 
 Teftaments are treated of, gave it that Name : But, be that as it will, for furely 
 the Riches of fji-fifce are not hidden under it, let us return to our Subjedl : 'Tis moft 
 certain, that the Digefts oijufitniau, tho' publifh'd and difpers'd over all the Eaft, 
 and committed to the Prefeds of the Eaft, o{ Ulyricum and Lybia, in order to make 
 them known to all the People fubjed; to their Jurifdidions, as is clear from the 
 Preface which Juftinian prefix'd to the Digefts, and from other Laws * ; yet they 
 could not at that Time penetrate into Italy, and thefe our Provinces, as being under 
 a foreign Prince, and fubjed as yet to the Dominion of the Goths ; fb that they 
 could not be planted in our Soil, and acquire that Authority and that Force, which 
 afterwards in the Courfe of many Ages they happily obtain'd, and grew into fo great 
 Efteem and Reputation, as we fee them in at this Day, 
 
 ' Barbof. ad rubr. D. Solut. matr. num. i. 
 
 ' Rainald. Curlufi. indagac. Jur. 1. 
 
 ' Ber. Walter, in Mafcell. obf. lib. 2. c. f. 
 
 ■* Alclat. lib. I. difpunft. 
 ' Doviat. in liift. Jur. Civ. in fin- 
 L. tanta, C. de vet. Jur. enucl. 
 
 <i 
 
 SECT. III. 
 
 Of Juftinian'j Second Cock de Rcpetita Prxlcftionc. 
 
 THIS truly Royal Work being finiflfd, this excellent Prince for all that did not 
 ftop there ; he having been told, that in the Compiling of the Digefts it was 
 obferv'd, that many Controverfies remain'd yet undecided, and that it was neceflary 
 they ftiould be determin'd by his Imperial Authority i and moreover he having in 
 
 the
 
 Book III. ^Zv K I -v G D o M 0/ N A P L E S. 1 49 
 
 the mean Time, after the firft Code was publifli'd, prodaim'd his other Conftitution^, 
 which were Icattcr'd up and down, and not tonhn'd to any Volume; and ithavini^ 
 been likewife obferv'd, that many '1 hings were wanting in tiie Code aircadv made, he 
 order'd that in the Following Year, which was the eighth of his Reign, and proncriv 
 the Year 534. this Code fliould be mended and reviled, and another made out of it, 
 more compieat and perfect '. In the mean Time he thought on five of thole, who 
 had been cmploy'd in the making of the Digefts, to wit, ^■nboniaiius, Dorothcus^ and 
 three other Advocates, I\IeiiHtJ^ Coiijlaiitms^ and JoLiuiies : 'ihefe according to the 
 Order prcicnb'd to them by Juftinian^ which we read in his Code % took awav from 
 the firft thefe Conftitutions, which they thought ufelels and i'uperfiuous, and alio 
 thofe which had been corrcdtcd or annull'd by later Conftitutions. 
 
 THERE was the Space of five Years betwixt the firft Code and the Second, 
 
 and in that Time many Conftitutions had been eftabliiTi'd by Jujtintan. In riic 
 
 Confulfhip ofDecit'.s, after the Publication of the firft Code, fome were publifti'd bv 
 
 Jtifiinian, amongft which that was famous enough which we read under the lit. ae 
 
 ton. qua lib. ', wherein it was generally eftablifli'd, that what the Son acquired, and 
 
 not ex pateriia (hbftaKtia, was his own Property, and the Father had on!)' the L'ie 
 
 of it, contrary to what was appointed by the ancient and middle Jnriiprudence. 
 
 Afterwards in the Confuldiip oi Lc.nipadhis and Orejtes, almoft all the fifty Decifions 
 
 which irpleafed Juflnimn to eftablifh, for removing all the Controverfies and Doubts 
 
 of the ancient Civilians, were publifh'd •* ; many of which we have under the ?//". de 
 
 ufufr. as the /. 12, 13, 14, 15, and 16 ; fince the 17th, altho' it be one of the 50 
 
 Decifions, was made in the following Y'ear, after the ConfuUhip of Lampidius. In 
 
 this Confulfhip, not only almoft all thefe Decifions were publifh'd, but alio fbme 
 
 other Conftitutions were made, iuch as the /. 7. which we read under the "itit. de 
 
 bon. nt'.x lib. whereby it was ordain'd, that the Father fliould not have the Ufe of 
 
 Goods given to the Son by the Prince, or the Emprefs ; and that excellent one, to witj 
 
 L- un. C. de ret ux. att. It was in this Year 530. which was the fourth of the Empire 
 
 oijiiftmiau.^ that this other Conftitution was publifh'd, which we read under the 7/r. 
 
 de tet. 'Jtir. enticl. ; where, as is laid, Jiifttnian commanded I'riboniamts, and the 
 
 fixteeen other Civilians, to compofe the Digefts. 
 
 IN the following Year, after the Confulfhip of Lampadius, and the fifth of 
 the Empire of Jufiini^xn^ many were proclaim'd, fuch as the L. 2. de Conjiit. 
 pecun. whereby the AHio receptttm was repeal'd ; the L. 2. C. Com. de Lcgat. where- 
 by the Difference betwixt Legatees, and particular Truftees was taken away ; the 
 L. 2. C. de tndtc. ftdutt. by which the Law Jitlia yufcelLi was abolilh'd ; the L. ?. 
 C. de Edi^. D. Hadrian, toll, by which the Edidl of Adrian.^ for the twentieth 
 Part of the Heritage was ftruck out and cancell'd ; and the L. 4. C.de liber, prxt. by 
 which the Difference of Sex in Difinheriting was abolifh'd. In this fame Year were 
 likewife put forth thefe noble Conftitutions, to wit, L. fi qtiis argentnm 35 C. de 
 donat. the L. ult. C. de Jur. delib. the L. nit. C. qui pot. in p.'gu. and fome others. 
 
 IN thefecond Year after the Confulfhip o£ Lampadius and Orcjics, was publifli'd 
 the L. 2. Cod. de- 'vet. J:'.;-, enucl. and in the following 533. the feventh of his 
 Empire, were publifh'd the Inftitutions, as is faid, and the Pandefts a Month after. 
 Thefe two Years are remarkable becaufe there were no Confuls. 
 
 WHEREUPON the Compilers of this new Code added all thefe Conftitutions, 
 which, according to Balduiiius * and Kitterjufiiis *, exceeded 200 in Number, and 
 were publifh'd after the firft Code, in the Space of five Years, which likewile may 
 be leen in Aloaudrus in the Catalogue of Confuls join'd to his Code, on which 
 Francifcus Ragnellius ' made particular Commentaries ; as did alfb Edmiaidus Mcril~ 
 lius., upon the 50 Decifions I By which the Syftern of divers Matters relatin:^ to 
 our Jurifprudence was alter'd, and particularly the Doctrine of Pec/.'//a;;/, Legatees 
 and many others were varied: Whence it follows, as Balduiiius '^ and Kitterjtijiiis '" 
 
 ' AuP.or Croiiici Alex, apud Pagi in DifTert. 
 Hypatica Jc Conlulib. pag. 501. His ColT. 
 Juftinianus Coclcx rciinvarus cO, adjunttis novis, 
 port prlorcin Codiceni, Conflitutionibiis, Juf- 
 iulijue ert, antiijuato prinic, fuam obtiiiere 
 vim, Uve aurlioiiutem IV. Kal.Juii. indirt. XII. 
 
 * Cod. dcemendat. C.Juftin. & fecundaEdit. 
 ' L. 6. C. do bon. ijuju lib. 
 
 ♦ V. Emund Metil. in dccif. Juftin. 
 
 ' Balduin. in Juftiniana p. 497. 
 
 ' Ritterl". in Jure Juftin. in proa-ni. cap. i. 
 num. 4. 
 
 ' Fr. Raguell. i. Comment, ad Conftirut. & 
 deciC. Juftin. 
 
 " Edmund Meril. ad fo Decil". Juftin. 
 
 ' Balduin. in Juftin. p. 457. 
 
 '" Rittcrf. loc. cit. 
 
 S f have
 
 1 5 o The Civil History of Book III. 
 
 have likewife obfervd, that 'tis agreatMiftakc to believe, that only the 50 Decifions 
 were added to this new Code ^ and that excepting thcl'e Decifions, the Pandeds 
 diftcr'd in nothing elie from this Code de Kepetita Prxle^tone. 
 
 T HESE Conilitutions then of the Princes being put into this better Form, in 
 this new Code, in which alfo were inferted fome Conilitutions of the SuccefTors of 
 ^heodnfiiis^ Valentinia)!^ Martin, Leo, Antemitts, Zeno, Anaftafius, and Jufthi, 
 Jiijttnian ordered, that the firft Code (hould be no more of any Authority or Force ; 
 but that this Second, which, after the Example of the Ancients, he call'd de Kepe- 
 tita Prxle^ione, (hould folely be of Force and Vigour in the Tribunal and Judg- 
 ments ; neither from any others but from it, could the Conftirutions be quoted in 
 the Courts of Jufticc, annulling all the others which were Icatter'd up and down : 
 Whence it is, that fome very pertinently have obferv'd, that thofe Conftitutions of 
 Zeno, or other Emperors, which we don't find inferted in this Code, were of no Force, 
 and which we only owe to the Care and Learning of fome Writer, who had dug them 
 out of the Darknefs in which they had been buried, and reftored them to the Light 
 of the World ; for many of which we are indebted to Contius, Jacobus^ Cujacius, 
 Dionyfius, and Jacobus Gotifredus, and other learned Men j the Ufe of which will 
 be, not to ufe them, as the Conftitutions of Princes, which have lawful Authority, 
 but only to draw from them fome Light for the better Underftanding thofe that 
 were received, and thofe which by ancient Cuftom have acquired with us the Force 
 of Laws in our Courts of Juftice ; altho' the Conftitution of Zeno which he 
 made concerning Buildings, and the Profpedl of the Sea, is defended by many as 
 lawful and of Authority, that is to fay, becaufe we fee it confirmed by Jufttnian in 
 his Novell^ ; and in the Code is declared not to be local in Conjiantinople only, but 
 to comprehend all the other Provinces of the Empire '. 
 
 JUS'TINIAN was foftrid: in not admitting any other Conftitutions, but thofe 
 which were gathered together, and united in this Code, that he would have all the 
 others, which upon any emergent Occafion, ftiould come forth for the future, to 
 be colledted into a diftinft Volume, to which he gave the Name not of Code, but 
 of Novelise Cortftitutioues, and that they ftiould form another Body diftindt from his 
 Code: Whence, altho' the Name of Codex, generally fpeaking, may be given to 
 every Book, A caudicibus arborum deduSfo Vocabulo 5 neverthelels our Civilians call'd 
 only that Book a Code by Antotioma/ia, wherein the Conftitutions of the Princes were 
 colleded after a certain Order, becauie, as Gotifredus ' oblerves from Cujactus, the 
 Conftitutions and Refcripts of the Princes uled to be written in Codices and Pugtl- 
 lares, which were Tables of Wood, and ahb of Copper and Ebony, which were 
 kept in the Cabinet, or Chancery of the Prince for Prefervation ; whence we read, 
 that T'heodofiiis the Tomiger, when he caufed his Code to be compiled, lent to ask 
 oi Valenthiian III. the Conftitutions made by him for the Weft, which were kept 
 in his Cabinets, in order to join them to his own, and thofe of his Predeceffors for 
 compofing this Code. On the contrary, the Kefpo/ifa of the Learned, from which 
 the Digefts were compiled, ufed to be written on Parchment, and not on Wood or 
 Copper. 
 
 . THE firft Code then being abolifti'd, and the Memory of it altogether extin- 
 guifti'd, all Authority was given to the Second, which is that we now have, and 
 ■which all the Tribunals, and Academies of Europe make ufe of, as everybody fees it, 
 divided into twelve Books, and diftinguifti'd into 776 Titles. Its Conftitutions were 
 all didlated in the Latin Tongue, and contain the Conftitutions of 54 Emperors, be- 
 ginning at Adrian down tojajiinian, as is manifeft from the Catalogues which Aloandrus 
 and Dtonyjius prefixed to their Codes. We are indebted to the Induftry and Care of 
 Jacobus Labittiis, and Antonius Auntfiinus, for the Index of the Laws publifh'd by 
 tach Emperor, which is no lels ufeful to thole who ftudy our Jurilprudence, than 
 that which they compofed of the Rcfponfa of the Civilians in the Pande<5ts. 
 
 SOME hAyehhrndJaJiinian, who was lb Catholick a Prince, for having caus'd 
 to be inferted in this Code, many Conftitutions not becoming his Piety and Religion. 
 Our Mathew de Affli^is, by falling into this Error, wrote, that he had caus'd to be 
 inferted many impious Laws in the three laft Books ; but he was handlomely rebuk'd 
 for it by Valenzuola. Others faid, that Juflinian did ill in putting the Laws of 
 Valens againft the Solitarii into his Code, and Atnaja durft not defend him : But 'tis 
 
 ' V. Card, de Luca de Seryit. Difc. i. 1 * Goth, ad Tit, de nov- Cod. faciendo In princ 
 
 - ■ clearlv
 
 Book III. z/:?^ K I N G D o M 0/ N A P L E S. 151 
 
 dearly feen that that Law was not made againft the true Solitarit, but agaitift thofe, 
 who under pretence of Religion affecbed to be luch, by joining with them in order 
 to Ihun the Charges of the Court. Some others blame him, becauie he mademanv 
 Laws concerning Ufury and Divorces, and yet allowed of them ■ but Godelinus ' Leo- 
 tardtis ', and others vindicate him. Others becaule he inlerted many Laws concern in? 
 the outward Ecclcfiaftical Polity i but they are to be excufed, becaufc they did not 
 advert to the Circumftances of the Times in which they were publifh'd, but accord- 
 ing to the Maxims of the Ages in which they wrote, thought it did not fuit with 
 the Authority of the Prince to cllablifh them ; which will be better fcen when we 
 come to treat of the Ecclcfiaftical Polity of that Centurv. 
 
 Godelino dejur. iiovif. cap. lo. in fin. 1 ' Leotar. de Ufur. qu. (5. num. zS 
 
 SECT. IV. 
 
 Of the NO FELL yS of J U S T I N I A N. 
 
 AL T H O' Jujiinian had made fufficient Pro\ifion for the Study of the 
 Jurifprudcnce, by thefe three commendable Works, to wit, the Inftitutions, 
 the Digefts, and the Code ; neverthelcfs, as in the Courle of Years, according to 
 the various Affairs and new Emergencies, it was necelfury to provide a-new and 
 put forth new Conftitutions ; Thele not long after grew to that Bulk, that it be- 
 hoved him to join them together in another Volume, which was call'd the Novella 
 Confittut tones. Thele were put forth from time to time by Jufiinian^ not in the 
 Latin Language, as the others contain'd in the Code, but almoft all in the Greek ' 
 excepting the AW. 9, 11, 23, 62, 143, 150, which were written m Latin '■ ; in 
 which truly there are many Things amifs as to the Elegancy, Brevity, Gravity 
 and Dodlrine ; and forafmuch as the Conftitutions of the Princes, from Conjlantme 
 the Great down to him, yield to the Conftitutions of the more ancient Emperors 
 from Adrian to Conftantme, ih much thefe Novellx of Jujtinian come fliort of 
 the Brevity and Elegancy of the latter ; fo that 'tis always going retrograde, from 
 worfe to worfe, the Reading of which gives much Difguft, they being Loquacious 
 Bombaft, void of the Brevity, Gravity, and Elegancy of the firft : Bur what is 
 of the greateft Import, is to obferve in them a certain Inconftancy and Ficklenefs 
 that's inexcufable, changing and varying that which a little before was eftablifli'd 
 and what juft now pleas'd, foon after is chang'd and cancell'd ; which has induced 
 many to believe, that fo much Inconftancy proceeded from the W'omanifh Levity 
 of I'heodora the Wife of "Juftin'tan, who was often meddling with liach Matters • 
 and the Avarice of ^rtboniauus^ who for Money often chang'^d and varied the Laws 
 at his Pleafure ^. 
 
 OF thefe Novellce only Ninety-fix were known by our ancient Gloftators 
 altho' Julian, Profeflbr of Law in the Academy of Conftantinople a little after 
 Jujiinian, compcndiz'd and tranflated them from the Greek into the Latin Tongue 
 to the Number of One Hundred and Twenty-five. In later Times Aloaudrus 
 found fome others, and incrcas'd their Number to One Hundred and Sixty-five ; 
 Jacobus Cujactus added other three, fo that their Number at prefent amounts to 
 One Hundred and Sixty-eight *. 
 
 B U T we muft obferve, that in joining thefe Novella together, the Order of 
 Time has not been exaftly oblerv'd ; for we perceive a great many of thefe which 
 were publifn'd towards the End of the Empire of Jufinnan, put before thole which 
 were publifh'd fooner, and on the contrary, thole which were firft publifh'd 
 placed laft. Thus in the Ninth Year of the Empire of Jtifimian, in the Confullhip 
 
 ' Ant. Auguftin. In Parat ad Nov. 
 ^ Ritterl" in Froocni. cap. 4. num. I. 
 ^ Procop. lib. I. de Bello Perfico. Suldas 
 in Di£lioneTribonianuv. 
 
 * Doviat. liia. Jur Civ. Rittcrf. in Jur. 
 Juftin. 
 
 of
 
 1^2 7he Civil History of ' Book III. 
 
 oiBeltfaritis, when they began to be eftablilh'd, the following Novell xwertpnhY^' A ; 
 I, 2, 3, 4, 5, 6, 7, 8, 9, lo, ii, 12, 13, 14, 15, 16, ry, 18; and alfo in the 
 fame Year, the 24, 25, 26, 27, 28, 29, 32, 42, 51, 102, 103, 107, no, 116, 
 118, and 157. In the following Year, after the Confulfhip of £e//yrtr;«5, the 19, 
 20, 21, 22, 31, 38, 39, 40, 43, 45, 122 : And the next Year, the Eleventh of 
 his Empire, were made the iV(?iJ5//<e 41, 52, 53, 54, SS-, 56, 585 59, 60,61, and 
 many others. 
 
 I N the Confulfhip of Joannes, and Twelfth Year of the Empire of Jufttniai, 
 were publifh'd the Novellx 63, 64, 66, 67, 68, 69, 70, 71, 72, 73, 74, 76 ^ 
 as in the Year after 78, 79, 80, 81, 83, 97, 99, ici, 133, 1623 and in the 
 following, in the ConfuHhip of Jujlinv.s, the 98th. 
 
 I N the Confulfliip of Bafilius, and the Fifteenth Year of the Empire of 
 Jujlhiian, were proclaim'd the Novellx 108, 109, in, 113, 115, 117, 119, 120, 
 121, 123, 124, 125, 128, 129, 130, 131, 132, 134, 135, 136, 137, 145,146, 
 147, 153. In the following Years nothing was publifh'd hyjuftinian ; but in 
 the Thirry-fecond Year, the lafl: of his Empire, was put forth i\\t Novella 141, 
 whence it ought to be reputed the laft of all, as being made in the Year 558. 
 
 THESE Novellx, together with thirteen Edidls publifh'd from Time to Time 
 by Jufihiian, were collefted and joyn'd together in one Volume, not by ynJUniahs 
 Order ', but after his Death, by private Induftry and Care, as Cujacins and 
 Antouiiis Au^iiftinus (hew us, without obferving any other Order than as above fee 
 down. All the Bufinefs then of the Interpreters was to divide them into nine 
 Collatioies, which after the Manner of Books, each contains many Titles ; and 
 was call'd afterwards, in the Days of Bulgartis, Authetiticiim, either becaufe thefe 
 Conftitutions, as being publifh'd after the Laws of the Code, w^ere of more Au- 
 thority and Weight; or, which is more probable, like to the Lattn Epitome made 
 by Julian, this Work, as containing the intire No^vellx, as they were publifli'd by 
 Juftniian, ought to be reputed the Original and Authentick ^ 
 
 W E have three Latin Verfions of thefe Noi'ellce : The firft ancient, of which 
 Bulgants \s faid to be the Author ; but Cujacins "> zndi others don't allow of it; 
 The fecond was made by Aloandriis j and the third by Henriciis /Igileus. Authors 
 don't agree neither in the Name, nor in the Age of this ancient Interpreter; fome 
 have believ'd him either more Ancient or Contemporary w'ith St. Gregory the Great, 
 becaufe this Pope quoted and tranfbrib'd many PafTages of thefe Novella into his 
 Books, of which Opinion Balduimis was alio " : But Antonius Auguftiniis % fol- 
 low'd by Kitterfufms, reports, That in the Days of Irnerius and Bnlgarus, the 
 Greek Volume of thefe Novella was found by the Labour of a certain Monk, who 
 tranflated it into Latin '■ He was call'd Ber^oiito PifauiKS, of whom 'tis likewife 
 laid, that he tranflated into Latin thefe Greek Claufes, which we find in the Books 
 of the Digefls. 
 
 THE Tranflation made by Aloandriis happen 'd thus : There was kept in 
 Florence a Manufcript Volume of the Greek Novella, from which that of Bologna 
 had been copied. Aloandrus made ufe of this laft, and he was the firft who caus'd 
 the Greek Novella to be printed, after he had tranflated them into Latin. The 
 firft Edition came forth in the Year 1531, to the Honour of the Senate oi Nu- 
 remberg, who was at the Charges of it. Henricus Scrimgerus, many Years after, 
 having found in Venice another Manufcript Copy more exaft, which belong'd to 
 Cardinal Bejfarion, from this new Copy he made up a great deal of what was 
 wanting in the Edition of Nuremberg, and caus'd it to be printed in Greek ; from 
 •w\\\d\. Henricus Agilcus rndLAd a third Tranflation, who alio tranflated the Aot;f//* 
 of Leo ; and Contius likewife tranflated fome others into the Latin Tongue. 
 
 IVEKNEKUS, or, as we call him, Irnerius, to the great Advantage of the 
 Studious, abridg'd them, and to each of the Laws of the Code, which had 
 been covre(fled from the Novella, or that treated on the fame Subjecl, jo'n'd 
 the Epitome of them ; by which it might be known, what had been alter'd on that 
 Subjedt by thefe latcft Conftitutions of Juftinian, therefore they got the Name of 
 
 ' Rittcrf. in Jure JuftJn. cap. i. num. 18. 
 in Pioa'iiiio. 
 
 * Ritterf. in Jurejullijiian. in Prooem. cap. j. 
 iium. 10, II, 12. 
 
 ' Cujac. lib. 8. Obf. cap. ulc. Coviat. Hifl. 
 Jur. Civil. 
 
 * BalJuini Juflin. pag- J7;. 
 
 ' Ant. Auguil. in Parat. Nov- cc. Ritterf. 
 in Proam. cap. 4. num. j*. 
 
 Aiitbentica, 
 
 r
 
 Book III. r/jd- K I N G b o M 0/ N A P L E S. 155 
 
 y^utbentica, which ought to be carefiilly compar'd with the Originals from whence 
 they were taken, becaule I'ometimes they differ widely from them ; and Geor^tus 
 Kitterfufius \ the Son of Conradiis^ reckons Seventy Places which don't agree with 
 the Originals. 
 
 AND 'tis likcwife to be obferv'd, that this Volume of the Novell<s differs 
 chiefly in three Things from the Code. The firll, that the Code comprehends the 
 Conftitutions of many Princes, beginning with Adrian down to Jufthiian ; and the 
 Novellx are only Conftitutions of Jiiftinian alone. The fecond, that the Laws of 
 the Code were almoft all didated in the Latin Language, and the No'vellx in the 
 Greek. The third, that in the Code, the Conftitutions are fubdivided into certain 
 ClafTes, and placed under various Titles, according to the Variet)- of the Subjedt 
 they treat of, and many times there are many of them difpos'd of under one Title; 
 whereas in the Volume of the Novcllx each Conllitution has its own Title, and 
 are put together without Order, only obferving the Order of Time ; neither was 
 that Order obferv'd altogether, as we have fliewn above. 
 
 ' Georg. Ritterf. in Appendice ad Jus Juftin. Patris. 
 
 SECT. V. 
 
 Of the Ufi a fid Jnthority of theje Books in Italy, and in thefe our 
 
 'Provinces. 
 
 AL T H O' Jujlinian^ by thefe his celebrated Works, had eclips'd the Fame 
 of T'heodofius in the Eaft fo much that the Name of his Code was intirely 
 extinguifli'd ; neither were the Academies nor the Courts of Juflice to have 
 recourfe to any other Books but thefe ; and tho' in the Empire of the Eafl, they 
 alone were receiv'd, and all others rejeded ; neverthelefs in the Wefl, and parti- 
 cularly in Italy, their Fortune was different, being publifh'd by Jufthiian in the 
 lafl Years of the Reign of Athalarick, while the Dominion of the Goths yet con- 
 tinued, they were not receiv'd in Italy, nor in thefe our Provinces, where, as being 
 a Foreign ^oil, they could not take deep Root ; but the ancient Codes, and the 
 old Books of the Civilians were retain'd, and the ^beodofian Code lofl nothing of its 
 Efleem or Authority ; on the contrary, by the Authority o£ Alarick, they were 
 in great Reputation amongft the H'eftrcgoths, infomuch that the Compend of the 
 ^heodofian Code, which they called a Breviary, was not only of great Value and 
 Authority amongft them, but alfb amongfl the Oftrogotbs, and many other Nations, 
 fuch as the Burgundians, French, and Longobards, and what was Roman Law, was 
 contain'd in thele Books. 
 
 AND altho' after the Death of Athalarick, and that of Amalafumha fbon after, 
 the Affairs of the Goths in Italy, were reduced to a very low Ebb ; and Jiiftinian, 
 by the Valour of Belifarius, had gain'd many Vidtories over them, and by a par- 
 ticular Edidt ', had order'd the Roman Laws contain'd in his Books, to be obferv'd 
 over all the Provinces of Italy ; and Belifarius afterwards, in the Tenth Year of 
 this Emperor's Reign, had conquer'd Naples, Puglia, Calabria, Samnium, and 
 Campania, and taken thefe Provinces from the Goths j neverthelefs, they having 
 afterwards rccover'd their ancient Spirit and Valour, under the moft gallant and 
 wife Prince Tot/la, made fo great a Revolution in the Affairs of Italy, that in the 
 Heat of fo cruel a War, when no regard was had to Laws, thofe of the Romans 
 contain'd in the Books of Jiiftinian again loft their Vigour and Authority : And 
 tho' at lafl, in the latter End of his Reign, he had gain'd an intire Victory over 
 them, and under 7'eja their lafl King, by the Means of Narfes, had wholly fub* 
 dued and defeated them, yet, notwithflanding all that, he dying fbon after, and 
 being fucceeded by Juftm the Toiinger, a mofl foolifh Prince, it was not long 
 
 ' Pragm. Juftln. Poft. Novel. 
 
 T t before
 
 1 c^ The Civil History of Book Ilf. 
 
 before Italy came under the Dominion of the Longohards, who, following the 
 Example cf the Go^/a, acknowkdg'd no other Laws but their own, and thole of 
 the Konians which were contain'd in the Theodojian Code, and what by Tradition 
 had been remember'd by the People ; fo that the Books of Jufttnian were not 
 minded, of which the Longobards had little or no Knowledge, as we {hall (hew 
 anon. 
 
 A D D to this, that not many Years after they began to have the fame Fate in 
 the Eaft, where, as we (hall (hew in the following Books, partly by Ignorance and 
 the Folly of his Succcflbrs, and partly by ILnvy, they came to be ib forgotten, by 
 reaibn of the numerous Colleftions which were made of them in Emulation of 
 'Jufttnian^ that the Credit of them was quite eclips'd and extinguifh'd ; by which 
 wefeethe ftrange Vicifiitudes of human Things: This great Work of Juftmiav^ 
 compil'd with lo much Care and Study, that it ought to have been fflmous and 
 immortal for ever, yet fcarcely was its Author dead, when it was likewife buried in 
 the thickeft Darknefs and profoundeft Oblivion for the Space of Five Centuries ; 
 but rifing again in the Weft in the Reign of Lotharms, it ipread its Fame over all 
 the Provinces of the World ; fo that.therc was no Nation, neither civiliz'd or bar- 
 barous, which had it not in high Efteem and Veneration, and which did not prefer 
 it to their own Laws and Cuftoms. 
 
 CHAP. IV. 
 
 The Expedition of Juftinian againjl Theodatus King of Italy, 
 
 the Succefforof Athalarick. 
 
 F T E R Juftinian had put the laft Hand to a certain and fixed 
 Form of the Rofnan Jurifprudence, with the fame good Fortune he 
 betook himfelf to Arms. A Prince moft fortunate as well in Time 
 of Peace as War ^ for as in his own Time, for the accomplilhing 
 the Undertaking of the Laws, which was as bold and noble, as 
 hard and difficult, he had thole famous Civilians 'triboniamis, 'theo- 
 philus, Dorodeus^ and all the others, of whom we have made honourable mention, 
 who were able to bring it to Perfedlion ; fo in War he had moft gallant and famous 
 Captains, fuch as Beltfarius^ Narfes, Mondus, and fome others, who by their 
 incomparable Virtue, and glorious Atchievements, added no lels to his Glory than 
 to the Increafe of the Empire by their many Conquefts ; whence his Name was 
 tranfinitted to Pofterity, adorn'd with fo many Titles of Alemanicus, Gothicus^ 
 Francictis, Germanictts, Aiiticiis^ Alanictts^ Vandalicus^ and Africanus^ for his 
 having conquer 'd and fubdued fo many Nations. He was as fortunate in the 
 Opportunities which ofFer'd to make the Conquefts eafie, as he was in fo illuftrious 
 and gallant Captains who flourifti'd in his Time ; and particularly in the War which 
 he made upon the Goths in the Expedition of Italy^ the Succels of which we are 
 briefly to relate. 
 
 AFTER that Belifarius had conquer'd the Vandals in Africa and taken 
 Carthage, having made Gilimere their King Prifoner, and carried him in triumph 
 to Conftantinople ; Juftiman feeing that vaft Kingdom liibjedcd to his Empire, 
 tum'd all his Thoughts on the Expedition of Italy, in order to drive the Goths out 
 of it i and a very lucky Opportunity, which prefented it felf, haften'd the Under- 
 taking, and pulh d on the Execution. 
 
 Aniala-
 
 Book III. //j^ K I N G D o M 0/ N A P L E S. 155 
 
 Amalafttntha, a moft prudent Princefs, feeing her Son, by a riotous Life, had 
 contradtcd a lingering Dileafe, io that there were no more Hopes of his IJfe, was 
 afraid, that after his Death (he fhould not be able to live amongft the Goths m 
 Safety, who, becaufe (he could not bear with their Dilbrders and Debaucheries, 
 hated her mortally, and becaule fhe was much refpe<3:ed by the Emperor 'Jtiftinian^ 
 who honoured and regarded her Ko much, that at laft y'/^^o^or^ his Wife became 
 jealous of her ; began Itcretly to treat with Juftinian., how (he might be able to 
 put him in PoflefTion of the Kingdom oi Italy ^ thinking by that means fhe might 
 live in Peace and Quiet ; but the untimely Death of her Son gave her not Time 
 enough to accomplifh her Defign : For which Caufe, being fufpicious that the 
 Goths^ who would not fufter her to continue in the Government, might chufe a 
 King according to their own Mind, fhe cunningly prevented them, by placing upon 
 the Throne 1'heodatus her Coufin, Son o£ y^malafrida Sifler to the grtitl'beodorick^ 
 who was likewife of the ijluflrious Houfe of Amain '. This was a Prince who had 
 led his Life in the Defarts of ^iijcany, and was much addidled to the Platonick 
 Philofbphy ' ; a Man of great Learning, and a perfect Mafter of the Latm 
 Tongue, which in his Time had fb far decay'd in its Purity, that he who under- 
 ftood it to Perfection was in great Efteem j and, if we may believe Cajfwdore ', 
 fince Proccpitis fays nothing of it, Theodatus was alio expert in Divinity, and the 
 Ecclcfiaflical Learning : Forafmuch as in the Letter which Amalafuntha wrote to 
 the Senate of Rome, wherein fhe gives them an Account of his Advancement to 
 the Throne, amongft the other Commendations and Flonours which fhe beflows 
 on I'keodatus^ fhe tells them. That he was a Prince very knowing in Ecclefiaftical 
 Learning. But all this Learning was not able to change his Nature, and the 
 Meannefs of his Spirit ; and befides he was mofV unexpert in Military Matters, 
 Fearful, Lazy, and above all moft Covetous, without Honour or Probity, and fo 
 full of Treachery and Mifchief, that he was capable of committing the mofl 
 vile Ad:ions in the World, when he was pufh'd on by his own or the Paflions of 
 other People. 
 
 THE unhappy Princefs AmaJafiintba fbon after was fenfible of his treacherous 
 Nature to her utter Ruin ; for he no fboner mounted the Throne, than, forgetting 
 all the Promifes he had made to his Benefadrefs, he fufFer'd himfelf to be governed 
 by the Relations of thofe whom this Princefs had put to Death for their Crimes ; 
 and following the Advice of thefe People, caufed her to be carried from the Palace 
 of Karenna •* to Prifbn, in an Ifland in the Middle of the Lake of Bolfena, and 
 fome Days after order'd her to be barbaroufly ftrangled in the Bath, at the fame 
 time that he was begging Peace of the Emperor Jtijlinian, having firft compell'd 
 that unhappy Princefs to write to the Emperor for obtaining it. There are not 
 wanting \V riters who fay, that I'becdatus was induc'd to commit fuch a Piece of 
 Villainy, not only thro' the Perverfenefs of his Nature, and the Advice of thofe 
 of his Court, but likewife by the Means and Perfuafion of 1'heodora the Wife of 
 Juftiutan, who being jealous of the Love that her Husband had for this Princefs, 
 was afraid, that one Day he would fbrfake her for Amalafuntha. 
 
 I N the mean time, Juftiuian being furioufly inrag'd at the horrible Brutality of 
 theodatus and the Oftrogoths^ refblved to revenge the Death of Amalafuntha ; and, 
 en the other hand, being eagerly defirous of uniting Italy to the Empire, he 
 thought this was the beft Opportunity that could ever offtr to make War upon 
 the Qcths^ in order to drive them out of Italy : Therefore, in the Year of our 
 Lord 535, having pitch'd upon 5f///^n«5 for that Undertaking, and made great 
 Preparations both by Sea and Land, he fent him with a powerful Fleet to Sicily^ 
 judging it to be the fitteft Place to begin the War in, it being in a manner the 
 Nurfery of thefe Provinces, which now form our Kingdom, which being taken 
 would render the Conqucft of them the more eafy. 
 
 J [/ S I' I N I A N I'lkcvj'ife tried all Means for facilitating this Enterprize, and 
 ufed all his Endeavours to bring the French to his Afliftance, informing them of 
 all his Grievances againft the Goths, and laying before them the Reafons which he 
 thought moft jull for undertaking this War. The Goths, fays he, as Procopius » 
 
 ' Procop. de Bello Got. Cadiod, lib. lo 
 cap I. 2, 5. 
 
 ' Jornand. de Rcb. Gcft 
 
 ' Cair. lib. 10. cap. 5. Princeps veftcretiam 
 Ecclefiafticis eft Literis Eruditus. 
 * Jornand. de Reb. Geft. 
 ' Procop. lib I. de Bello Got. 
 
 has
 
 1^6 The Civil History of Book III. 
 
 has it, rapta Italiir, quts mftri baud duhii eft juris, they not only don't like to 
 rellore it to the Empire, but befides, in Contempt of me, they have cruelly mur- 
 dered Amalaftmtha whom 1 fo much efteem'd, and had ib great a Value for, at 
 the fame time when they were begging Peace of me. But the French made no 
 Motion towards his Affiftancc. On the contrary, 7'heodebert their Prince, Nephew 
 of the great Cloius, whom Jufttntan in his Edids had fo much extolfd, and alio 
 given him the Surname of Praiicicus, as if he had lubdued his renowned People, 
 made War againft him in Favour of I'hodatus, and afterwards oiVttiz^es. 
 
 I N the mean time, Beltfartus arriving in Sictly made an eaiy Conqueft of it, 
 by reafon of the Confufion that was there. Having taken it, he immediately pafled 
 over from Mejfina to Rhegiitui, where the Gates were open'd to him ; from thence 
 by Land he march'd diredly to Koine. All the Places on his March furrendcr'd 
 willingly ; therefore without much Refiftance he took Apruttum, Liicania, Puglia, 
 Calal'ria, and Sammiim : Bcncventum, and almoft all the principal Cities of thefe 
 Provinces yielded by the Terror of his Arms, and much more by the Allonifhment 
 the Goths were in, 'and the Stupidity and Fright of ^heodatus. Only Campania 
 rcfifted as much as the Forces in it were able. In this Province, the Cities that 
 were able to defend themfclveswere Naples a.nd Qnna : Naples flood out with great 
 Valour and Intrepidity, and endured a Siege of many Days without lUrren- 
 dering ; but a Soldier luckily having difcover'd an Aquedud which reach'd into 
 the City, by which, with great Conftancy, altho' ibmetimes difhearten'd, the 
 Greeks enter'd it at laft, and to the great Aftonilhment of the Belieged, turned 
 every thing in the City topfy-turvy ; and the Pillage had been more lament- 
 able' and difmal, if Belifarnis had not put a Stop to the Iniatiablencfs of the 
 Soldiers. After the Conqueft of thefe our Provinces, Belifarius purfued his way 
 to Konie, and at laft took it in the Eleventh Year of the Empire of Jufttntan, after 
 it had been Sixty Years in the Poflcnion of foreign Nations. 
 ' WHEN by the Terror of thefe Arms, and thefo many "Vidoriesof 5f///^n«j, 
 7'heodatus was quite difcourag'd, he tried all ways poffible for obtaining Peace 
 from Jtiftinian : He fent many Ambaffadors to Conftantimple, amongft whom Pope 
 Agapiti'.s ofFer'd Terms and Conditions of Surrendring '. Jufttntan had likewife 
 fent into Italy one Peter to treat of this Peace ; he was a venerable Perfon, and 
 moft expert in managing State Matters. I'heodatus propos'd many Projeds to 
 him, which, without the exprefs Orders of the Emperor, he could not accept of, 
 fo that they were fent diredly to Cotiftautuiople. T'heodatus ofFer'd Stctly to 
 Jiiftmian : That the People of Kovie, on Solemn and Feftival Days, or upon any 
 other Publick Occafion, either on the Theatre or the publick Market-place, fhould 
 celebrate the Name of the Emperor before that of fheodatus : That there fhould 
 be no Statue eredted, either of Marble, of Brais, or any other Matter whatfoever, 
 nor any Medal ftruck with the Image of T'heodattts alone, but fhould be infcrib'd 
 and ftamp'd with that of the Emperor likewife, and that the Effigies of the Em- 
 peror fhould pofTcfs the moft honourable Place on the Right Hand of Theodatus. 
 
 DURING the Time that they were expefting Jufttntan s Anfwer, theodatus 
 never ceas'd asking of the Ambaffador, for whom he had a great Regard and 
 Veneration, as may be feen by his Letters in Cajffiodorc, if he thought the Emperor 
 would accept of the Conditions offer'd : He complain'd grie\ oufly of Juftinian to 
 Peter, that upon fo flight an Occafion he had made fo cruel a War againft him, 
 and, under various Pretexts, fought unjuftly to take Italy from the Goths, after they 
 had recover'd it out of the Hands of Odoacre with their own Forces, and with the 
 Confent of the Emperor Zeuo himfelf Peter, as alio the Greek Captains, gave no 
 other Anfwer to thefe Complaints, than this ; 1 hat it was a Duty incumbent upon 
 the Emperor to recover thefe Provinces, which were known to every Body to have 
 been lopp'd off the Empire ; and that it became him, to whofe Care it was com- 
 mitted, to ufe all Means to reftore them to it again ^ In the mean time, the Pro- 
 pofals which had been fent by Theodatus to Jufttntan were laugh'd at, as Alexander 
 the Great laugh'd at thofe oifer'd to him by Dartus, who propos'd to give him, as a 
 Portion with his Daughter, all thofe Places betwixt the Hellefpont and the River 
 
 ■ P.Garet. in VitaCafTioJ. p. i. ! repctere tcrram, quam co.iftatfulfTe ejus, quod 
 
 * Procop. de Bello Got at ilium iion dedecct | ipli commKTum eftlmperii. 
 
 Haliy
 
 Book III. //j^ K iNGDOM 0/ N A P L E S. \^7 
 
 Halt, which he had already conquer 'd ' ; and as the Roiuaiis did by Volgefus Kin^ 
 of the Parthiaus ^ ; and as afterwards Charles the Grct did by Nicephorv.s, who 
 offered him Saxony which he had already fubdu'd ' ; forafmiich as I'bcodatus ofFer'd 
 SiCilv, which had been already poffefs'd by Belifariiis together with the Provinces of 
 our kingdom : So that thcfe Conditions being rejeded, Tbeodanis'& Fear, and the 
 Terror of the Gotbs increafcd. 
 
 THE vnifeTable Goths, feeing themfelves in fuch aConfternatiort, and perceiving 
 
 the Fright (^f itheod.-nus, and that by his CowardlinefTs they had been reduc'd to 
 
 I'uch a lamentable Condition, had a Mind to try if at leall they could bring about 
 
 the Treaty of Peace with Belt farms ; wherefore they fent Ambaffadors to lay before 
 
 him their jiill: Grievances, and to flop him from purluing his Defign. Being 
 
 admitted to Beltfarius, they began to lay forth to him tlic Wrong which was done 
 
 the Gotbs by this unjuft War. The Romans are rrluch in the Wrong, faid they *, 
 
 who without any Caufe have taken up Armsagainll us, their Confederates and 
 
 Friends. The Goths have not taken Italy from the Romans by Force ; it was Odo- 
 
 acre, who by much Slaughter and fuperior Strength robb'd them of it, while Zeno 
 
 reigri'd in the Eaft, who not being able to revenge himfejf, by retaking the unjull 
 
 Prey, nor having fufficient Force to oppofe the Tyranny of the //?;■«//, called our 
 
 Prince 1'bcodor'tck, who was then thrcatning, on account of fbme Difference which 
 
 had fillen out betwixt them, to befiege him in Conflanttnople itfelf, and intreated 
 
 him to forgive his new Enemy, for the Sake of the Dignity of Patriciate, and 
 
 Roman Cont'ulfhip, which he had conferr'd upon him, and for the Regard he had 
 
 always had for his Perfbn, to turn his own Courage, and the Ferity of his People 
 
 elfewhere; and to turn his Arms againft Odoacre, and revenge the Death of Augu- 
 
 fiulus, difhonourably killed by him, and recover Italy from him, which he freely 
 
 refign'd to him, and his Gotbs, that for ever after they might govern it, and hold it 
 
 with a juft Title, and good Right. I'heodorick came to Italy, and by his own 
 
 Valour, and the Strength of his Gotbs, drove out the Tyrant, and with the Confcnt 
 
 of^ and in Confederacy with all the Princes of the Eafl governed it fb many Years, 
 
 as it is to this Time govcrn'd by his Gotbs : With what Juftice then could 
 
 they pretend to make War againft them, who pofTefs it by lb jufl Titles, after 
 
 having poffefs'd and govern'd it fb many Years with fb much Juftice ? 
 
 BUT Belifariiis, who flufh'd with his late Succeffes, was not to be moved by 
 fuch Stories, which fignify nothing, if they are notback'd by Force, anfwer'd them 
 to their Face feverely and gravely ; That they had faid more than they could make 
 good : That I'heodorick was indeed fent by Zeno to fight Gdoacre, but not to make 
 himfelf Mafler of /f^/y ; fince it fignified nothing to the Emperor, as long as it was 
 not reftored to the Empire, whether it was under the Slavery of the one or the other 
 Tyrant ; that Italy was to be fet at Liberty, and put under the Imperial Laws : But 
 that I'heodorick having behaved himfelf gallantly againft Odoacre, fet up for him- 
 lelf, and rcfufed to deliver Italy to its Right Owner. To me, faid he, he feems to 
 be as bad, who keeps Goods that are not his own, againfl tlic Will of the Owner^ 
 as he that takes them by Force ^ therefore I will never yield to any Man in the 
 World that Country which belongs to the Empire. 
 
 ' Curciusllb. 4. I ' Avent. lib. 4. Ann. Bojor. 
 
 * Tac. Annal. lib. i j-. I * procop. lib. 2. de Bello Got- 
 
 SECT. I. 
 
 Of Vltiges, lldibaldus, and Eraricus, Kings of Italy. 
 
 BY fuch a furly Anfwer, the Gotbs gave themielves up to Defpair : they made uib 
 of all their Power and Art to find a Remedy for fo imminent a Danger. They 
 reveng'd themfelves upon 7'beodatus, whofe Stupidity had been the Caufe of their 
 impending Ruin, and whofe Folly had made him unfit to govern ; They firfl dethron'd 
 
 U u himj
 
 1 5 8 The Civil History of Book III. 
 
 him, and then put him to Death, and in his ftead, in the midft of the Army, chofe 
 Vitiges, and proclaim'd him their King. Goldaftus ' gives us another Reafon for his 
 Death ; to wit, that the Gotbs had dillovered, that Tbeodatus being wearied with fo 
 long and toilfomc Wars, had agreed with Jiiftinian at laft to furrender the Kingdom 
 to him, for a large yearly Penfion, that he might retire to fome folitary Place, and 
 give himfelf up to the Study of Philofophy ; and both the Letters which tbeodatus 
 wrote to Juliinian^ and his Anlwers to them, are related by the fame Goldaftus. 
 Vitlges liad for Wife Matafuenda, Daughter of the Princefs Amahfuntha : He wa$ 
 a Prince of great Courage and Prudence, of which his notable Deeds bear Tefti- 
 mony, as do alio his Speeches, and Letters which we read likewife in Caffwdure * 
 and Goldaftus '. 
 
 N O fooner had Vitiges mounted the Throne, after having in vain attempted to 
 make Peace with Juftintan, than he laid clofe Siege to Kotne, which he kept block'd 
 up for a Year and nine Days, till Beltfarius reliev'd it in the Year 538. Where- 
 upon feeing himfelf difappointed of his Hopes, he retired with his Wife to Kavemia: 
 Not long after, Beltfarius being Viftorious every where, made them both Prifbners, 
 and it luckily fell out (for at that Time he was recall'd by Juftinian) that he 
 triumph'd over F/?/^^.f King of the Goths ^ in Conftantitiofle, as he had done over 
 Gillmere King of the Vandals. 
 
 THE Emperor Juftinian recall'd Beltfarius to Conftantinople, being jealous of 
 his Conduft, and fent John and Vitalis to Italy in his Room, altogether unlike him 
 in Valour and Manners, which had this Effect, that the Goths taking new Courage, 
 chofe Ildibaldus, who was Governour of Verona., for their King * j but he, on 
 account of his Cruelty, was foon after kill'd by the Goths., and Eraricus chofen in his 
 Place, who likewile in a fhort time was put to Death, being fufpeded to have enter 'd 
 into a Confederacy with the Greeks, and 'fotila advanced to the Throne. 
 
 ' Goldaft.tom. Conft. Imp. I * We read fome EdifVs of Ildibaldus in Col- 
 
 ^ Caf. lib. 10. c. ;i, 52, :};, 54, 3/. I daft. torn. i. Conft. Imp. 
 
 ^ Goldaft. Conft. Imp. torn. i. • 
 
 SECT. II. 
 
 Of T O T I L A, King of Italy. 
 
 UNDER this Prince, by his fingular Virtue, and extreme Bravery, the Geths 
 recover'd Vigour, and retook many Provinces which Belifarius had taken ; 
 they defeated the Emperor's Army, and regain'd 1'ufcany. Not long after they 
 recover'd thefe our Provinces, which form the Kingdom. They having regain'd 
 Saiiiniiitn, and deftroyed Beneventum, which they took by Force, threw down their 
 W^alls. From thence they went to Campania., and befieg'd Naples ; and in the mean 
 time took Ciima, and all the other Places along the Sea-Coaft j and during the Siege 
 o( Naples, their Fleet being made very ftrong by the infinite Number of Goths that 
 flock'd to it from all Parts, they made themfelves Mafters of Ptiglia, Calabria, and 
 all the other Provinces, by their Lieutenants, without RefiftancCj from which they 
 drew immenfe Sums, which had been gathered by Juftinian. The Neapolitans at 
 laft furrendered ; and altho' they were afraid, that by fuch Refiftance, they fhould 
 be ieverely treated by I'otila, neverthelefs they had a Proof of the Mildnefs of this 
 Prince, who not only was a Defender and Preferver of the Chaftity of the Neapolitan 
 Women ', but treated them kindly, and with the greateft Humanity. And thus 
 by the Valour ofTotila, thele our Provinces, which by the Folly oi I'hcodatus had 
 been loft, return'd anew to the Gotbs. 
 
 HITHERTO the Popes had not meddled in the Affairs of State nor of Princes j 
 but were indifferent whether Italy were under the Dominion of the Remans, Goths, 
 or Greeks. All their Care was employ 'd in reuniting the Church of the Eaft with 
 
 " Grot, in Prolegom. ad Hift. Got. 
 
 that
 
 Book III //?^ K 1 N G D o M 0/ N A P L E S. 159 
 
 that of the Weft, aiid in taking Order in various Councils about feveral Controverfies 
 which had arifen amongft the Biftiops of the Eaft, both in Dodrine and Difcipline. 
 The Popes Silverms and Vigtlms were the firft : Sdverius bein^ fuipeded by the 
 Greeks^ as more defirous of the Government of the Goths^ than that of the Greeks 
 ■was accufcd by Belifarius of keeping a Correfpoiidence vith the Gvths. S/li-erms 
 on the Death of Pope Jgapittis had been eleded in Rome in his Place, and acknow- 
 ledg'd by the Clergy and People of Ro?Hf, as lawful Bifhop of that City. On the 
 other hand, Vigilius a Deacon of the Church o( Ro»/e, who having been {ent to 
 Coiijiaiitiiioplc about the Affairs of Religion, had remain'd in that City, alpired like- 
 wile to the Papacy, and feeing himielf prevented by Sdverius, who was fupported 
 by the Komaus and the Goths, left no Stone unturn'd to induce Juj}i)iia7i to lend 
 Belifarius again into Italy with a powerful Army, and retake from the Goths all 
 they had recovered under 1'otila ■ and had now prevailed with him to do it. He like- 
 wife ufed all his Arc and Cunning with the Emprefs his \\ ife, promifing that if fhe 
 would get him to be eleded Pope, he would receive ^heodofius, Antmtis, and 
 Se-verus into his Communion, and approve of their Dodtrine. 
 
 THEREFORE Belifarius return 'd to Italy in order to drive the Gctbs out of 
 it ; but having carried fo few Troops with him, he rather loft the Reputation which 
 he had gain'd by his firft Expedition, than acquir'd a greater ; forafmuch as 1'otila^ 
 while Belifarius with his Forces was at Ojlia, took Kome in his Sight ; and feeing 
 that he could neither conveniently leave it nor keep it, he laid it wafte for the moft 
 Part, and drove the People out of it, carrying the Senators along with him; and 
 undervaluing Belifarius, he went with his Army to Calabria, to encounter the 
 Forces that were coming from Greece to his Affiftance. Rome being deierted was 
 immediately retaken by Belifarius, who in all hafte rebuilt the Walls, and recall'd 
 the Inhabitants. Vtgtlius, hearing that Belifarius had retaken Rowe, left Gjvfauti- 
 nople with a fecret Order from the Emprefs, direfted to Belifarius to put her btfiffn 
 in Execution. When he came to Rome he deliver'd it x.o Belifarius, promifing to give 
 him Money if he would put him in Pofifeflion of that See : Belifarius lent for Sdnje- 
 rius, and accus'd him of keeping a Correipondence with the Goths, and urg'd him to 
 acknowledge Antinms ; which Silverius refufing to do, was ftript of his Pontifical 
 Garments, and banifh'd to Patara, and Vigilius eledcd in his room. But Fortune 
 fbon put a Stop to the Proceedings of Belifarius, becaufe at that Time Ji'Qinian 
 being attack'd by the Parthians, recall'd him. He to obey his Mafter, abandon'd 
 Italy, and this Province was left to the Difcretion of Totila, who retook Rome ^ but 
 it was not fo cruelly treated as formerly, becaufe being befought by S. BenediCl 
 who in thefe Times had a great Reputation of Sanftity, he rather began to repair it. 
 In the mean time Jtifiintan having made up Matters with the Parthians, and dcfit^n- 
 ing to lend new Succours to Italy, was diverted from it by the Sclavonians, a new 
 Northern People, who had pafs'd the Danube, and affaulted Illyricum, and Thracia ■ 
 fo that Totila reduc'd almoft all Italy under his Obedience. 
 
 BUT the Goths did not long enjoy the Fruit of fo manyVidories, (or Jujiiman had 
 no fooner vanquilh'd the Sclavoniaus, than he lent Narfes the Eunuch, a Man of 
 great Experience in War, who increased his Armies even with Foreigners, fuch as 
 the Heruli, the Hunni, and the Gcptdce; he likewile employ 'd the Lo«jj;o^,3i-rfj, whom 
 he brought out of Pannouia, who afterwards knew fo well how to improve the 
 Knowledge they had of fuch a fine Country, and the Occafion which offered to 
 them, that from Auxiliaries they became Conquerors, as fhall be related by and bv. 
 Narfes had not as yet difengaged himfelf from the Expedition oil'hracia in order to 
 go into Italy, when the Governor of 7^/r;;??/w quitting the Party and Service ofT'ntda 
 delivered up the Place to fome Imperialifts, who had landed at Cortona ; 1'otila being 
 furpriz'd at fo many LolTes, and amazed at the Greatnefs of the Preparations for 
 War, which were noifed Abroad, and magnified every where, that Narfes was 
 making againft him, fent ^eja a moft valiant Captain to ftop Narfes at a Pals • 
 but Teja not being able to hinder his Progrcfs, Narfes removed all Obftacles, and 
 over-run the Country with a powerful Army, Co that a Field Battle could not be 
 avoided, in which Totila gave the utmoft Proofs of his Valour, and not being able 
 to withftand the Forces of his Enemy, far fuperior to his own, was defeated, and 
 killed, and his Goths put to the Rout, and fubdu'd ; whereupon the unlucky Gothf 
 retired to Pavia the beft Way they could after fuch a cruel Battle, where they made 
 feja their King, in whofe Valour and Boldnels they had plac'd all their Hopes of 
 
 reftoring
 
 1 60 The Civil History of Book III. 
 
 reftoring Italy to their Dominion. On the other hand, Narfss after this Vidory 
 took Roiiiey and the other Cities furrendered to him. 
 
 THIS Defeat fo difhearten'd the Gothip Troops in Italy, that they were never 
 after able to re-eftablifh themfelves there : but the Lofs of their gallant King T'ottla^ 
 was a much greater Detriment to them : A Prince, who by his Valour, and much 
 more by his Prudence and Goodnefs, had been able to repair in fuch a manner the 
 Condition of his Goths, that he had almoft brought them to the fame State in which 
 'theodortck had left them. He in little lefs than ten Years that he reign'd, left fo 
 many Monuments of his Valour, his Goodnefs, and his other great Virtues with 
 which he was adorn'd, that there's not a Writer who docs not commend, and for 
 his fo many good Qualities extol him to the Skies : He, altho' a Goth, lays Paul 
 IVarncfride, lived with the Romans, like a Father with his Children, changing 
 nothing of their Laws and Inftitutions. He continued the lame Adminiftration, 
 the fame Form in the provinces, and the Hime Government : A great Lover of 
 Juftice and Equity ; and the Speech is truly wonderful ', which this Prince made 
 to his Soldiers, in Praile of Juftice, and the other Virtues, which we likewife read 
 in Procopiits after he took Naples. His Goodnefs and Mildnefs towards the Van- 
 quilh'd is often celebrated by the fame Hiftorian, tho' a Greek. He preferv'd 
 Rujiicana untouch'd and fecure from all Contempt, Wife as Ihe was of BoettuSy a 
 Woman odious to the Goths, with whom they had no reafon to be fatisfied. 
 
 NEITHER have the Hiftorians pafled over in Silence his Temperance : It was 
 he, who often laved the Chaftity, and the Liberty of the Roman Matrons, and 
 having taken Naples, he was moft zealous in prelerving the Honour of the Women, 
 and punifli'd feverely the TranfgrelTors that way : He was contented with the molt 
 fimplc Food with his Goths, fuch as Bread, Milk, Cheefe, Butter, the Flefh of 
 wild Beafts, Venilbn, often raw, and fometimes falted : So that from the Example 
 of this Prince the Goths could boaft of being reputed Temperate, Juft, and Mild ; 
 whereas the Romans themfelves, as Sal-viantis ^ lays, came Ihort of the Virtue, the 
 Juftice, and the Temperance of the very Goths. 
 
 ' In Goldafr. torn. i. Conft. Imp. where we j ^ Salvian. lib. 7. deGuber. Dei. 
 find many Speeches of TotUa. ' 
 
 s 
 
 SECT. IIL 
 
 0/ T E J A the hfi King of the Goths in Italy. 
 
 TH E unhappy Goths, after the difmal Defeat which Narfes gave them, made ule 
 of all theirMight and Induftry to find out ready Expedients for repairing their 
 paft Lolfes ; befides their having chofen for their King, 'J'eja, a moft gallant Prince, 
 they tried to get the AlHftance of the neighbouring Princes, They had recourfe to 
 the French, and fent Ambaffadors to move them to come to their Afliftance. The Oration 
 of thefe Ambaffadors deferves to be read and admired by every Body, it being full of 
 fo moving and moft excellent Rcalbns, which they let forth to the French, and may 
 be read as yet in Agathias '. If the Goths arc deftroyed, laid they, then the Romans 
 will be ready and prepared to renew their old Wars againft you. Neither will their 
 Covetoufnels fail to furnifh them with Ipecious Pretexts, and far-fetch'd Excules. 
 They will put you in mind of the Marii, the Cam'tlli, and the many Emperors who 
 made War with the Germans, and who extended the Bounds of their Empire beyond 
 the Rhine. And by making ule of thefe Pretexts, they will not have themfelves to 
 be reputed Robbers of other Peoples Dominions, but that they only have a Pro- 
 perty in every Thing, and no Body elfe: They brag that what they do, is only 
 recovering with their juft and lawful Arms, what had been polfefled by their Fore- 
 fathers : Upon no other account have they made War fo unjuftly upon us ; as if our 
 
 ' Agatli. lib. I . Hiftor 
 
 cver-
 
 Book III. /^^ K I N G D o M 0/ N A P L E S. \6i 
 
 ever-glorious Prince, and Author of this Expedition, 7'heodorick, had wron^fullv 
 and luijuftly taken Italy from them : therefore they have believ'd it lawful to take 
 from us our Goods, to deftroy the greateft Part of our People, and the tnoll 
 renown'd and eminent of our Captains, and cruelly to ufe our \Vives and Children 
 in carrying them into miierable Slavery ; altho' 1'heodorick came not into Italy as an 
 Enemy to them, but by the fpecial ConcefTion and Permiflion of their own Emperor 
 Zeno, not to take it from the Romans who had loft it, but with his own Troops and 
 his own Valour, having driven out Odoacre the foreign Invader, 'Jure Belli ac- 
 quir'd what he had poflels'd. But after the Romans found thcmfelves re-inftated, 
 diey regarded neither Juftice nor Realbn ; at firft they pretended to be offended at 
 y^i^ecrf^rf/w on Account of the Death oi Avialafiintha, and afterwards did not fail 
 to make War againft us unjuftly and by Force to rob us of every Thing : And yet 
 thefe are the People who boaft of being the only Wife, the only Fearers of God, 
 and who alone diredt every Thing according to the Rules of Juftice. To the End 
 then, that what is our Fate now, may not be yours fome time or other, and that ye 
 may not repent too late when ye cannot help your felves, ye ought now to prevent 
 the Enemy, and not to flip the prefent Opportunity in fending a competent Army, 
 under the Command of one of your brave Captains, who by acting prudently and 
 couragioufly againft the Romans, may put a Stop to their Undertaking againft 
 Italy, and reftore us to the Pofleflion of it. 
 
 BUT this Embafly was unfuccefsful, for the French would give no Ear to it, 
 becaufe I'heodibert, after the War which he had made upon 'Juftiman, a little 
 before he died, in the Year 548, had made a firm and ftable Peace with him, which 
 was afterwards confirm'd by 7'heodobald his Son, who, mindful of the Conditions, 
 could on no Account be induced to break the Peace ; till at laft thev undertook 
 not only to make War upon the Gctbs at the Inftigation of Jt'.ftinian, but likewile 
 againft the Romans, as the Goths had fb earncftly defir'd it : And altho' after the 
 Dominion of the (jof/j'j had been already e.Ktinft in Italy, in the Year 555, after 
 the Death of King Theobald, Leotariis, and his Brother BticelUnus General of the 
 Forces of At{ftrafia, with the French and Germans, had attempted the Conqucft of 
 Italy, the firft having advanc'd into Piiglta and Calabria, and the latter, befides his 
 having laid wafte Samniim, had gone over to Sicily ; neverthelefs, their Armies 
 were loon after defeated ; that of Leotams by a cruel Sicknefs which in one Summer 
 Iweptthem all away, and the other of Bucelliiius by Narfes near Cafilintai:. And 
 this was the firft time that the French endeavour 'd to fubjedt thefe our Provinces 
 to their Dominion ; which was an unlucky Omen, and portended that their Arms 
 were to be always unfortunate in their Undertakings againft Italy, which Experience 
 has demonftrated to us in the Ages lefs remote from us, and that their Lillies, tho' 
 many times planted in our Soil, could never take deep Root. 
 
 THE Goths therefore being deny'd Afliftance from the French, plac'd all their 
 Hopes in the Valour of 'J'eja, who made the moft furprizing Attempts that could be 
 defir'd in fuch a defperate Condition, for repairing the Fortune of the Goths. 
 Narfes and he met at the Foot of our Vefimtits, and I'eja incamp'd his Army fb, 
 that the two Camps were only feparated by xhe Rivcv Sarno ■, neverthelefs, they 
 continued Skirmiftiing for two Months, Narfes not daring to pafs the River before 
 ^ejas Army, which was Mafter of the Bridge, neither durft he retire, for fear that 
 the Goths fhould have reinforc'd the Garrifon of Ctima ; but at laft Narfes, who 
 was much fuperior in Forces, order'd Matters fo, that he forc'd him to a Battle, 
 who (hewing the utmoft Proofs of his Valour and Boldncis, was unhappily kill'd ; 
 which put the Goths into fuch a Confternation, that feeing themfelvcs depriv'd of 
 fb gallant a Captain, they refblv'd to furrendcr to Narfes, who allow'd them to 
 depart out of the Territories of the Empire with all the Money they had, and to 
 live according to their own Laws. Thus the Conditions were faithfully perform'd 
 on both Sides after Eighteen Years War, fo that all the Towns were put into the 
 Hands of the Commiffaries of Narfes, and the Gctbs marched out of Italy in the 
 Year of our Lord 553, where they had reign'd Sixty -four Years, from I'hcodcrick 
 down to 1'eja. 
 
 THUS ended the Dominion of the Goths in Italy, and thefe our Provinces : 
 A Nation moft Uluftrious and Warlike ; which in the Heat of War never left otf 
 the Exercifc of Juftice, Temperance, Faith, and the other excellent Virtues with 
 which they were adorn'd, not {6 barbarous and inhuman as lome have rcputtd 
 
 X % them.
 
 l62 
 
 Ths Civil History of. 
 
 Book HI, 
 
 them. They allow'd the conquer 'd People to live after the Roman Laws, under 
 whicli they had been born and bred up ; for which Laws they had a very great 
 Regard : neither did they alter the Difpofition and Order of thefe our Provinces ; 
 did not change the Magiftracy ; retain'd the Confularcs^ the Corre^iores, and the 
 P/ttfuics, and kept up many other Cuftoms and Inftitutions, after the fame manner 
 they had been in the Times of the Roman Emperors ; though, that thefe our 
 Provinces underwent another Form, and a new Adminiftrarion, not while they were 
 under the Dominion of the Goths, but when they pafTed under that of the Em- 
 perors of the Eaft, who fent their Exarchs into Italy, and divided the Provinces 
 into many Dukedoms, which fo alter'd their Dilpofition, that it was quite different 
 from what it formerly had been, as we fhall lee anon. 
 
 NEVERTHELESS thole Diforders and Confufions, \i'hich fo cruel and 
 bloody Wars ufually create in Difcipline and Learning, could not be avoided. As 
 for the Jurifprudence in thefe Times, it could not be expeded that there fhould 
 be fo many famous Civilians in Italy, nor fo eminent Profeflbrs and Advocates as 
 could be able to reftore it to its ancient Splendor in the Courts of Juftice and the 
 Academics : Therefore we ought not to look upon it as a trifling Affair, that in 
 the Midft of fo many and cruel Wars, the Gotbijlj Kings could apply themfelves, 
 as Athalarick and ^heodatus did, to maintain as much as poffible the ancient Luftre 
 of the Roman Senate, and the Academy of Rome, and to furnifhit, as Atbakrtck ' 
 did, with Profeflbrs expert in the Laws, and with famous Grammarians, to prevent 
 the Latin Tongue's being altogether loft amongft fo many foreign and barbarous Lan- 
 guages ; and certainly in thefe Times it would have been entirely loft, if it had not 
 been re-eftablifh'd in that Academy, and if I'beodattis, who was a great Lover of it, 
 had not given his AfTiftance. From thefe Times, Rome was commended for the 
 Purity of the Latin Tongue, becaufe in all the other Provinces, the barbarous 
 Languages were at their height ; and the Inftrumcnts, that palTed the Hands of 
 the Tahelltones, whom we now call Publick Notaries, were drawn up in no better 
 Language than w^hat is now fpoke in Italy. Forneniis % in CaJ/iodorc, relates, 
 that there is preferv'd in the King's Library in Paris, an ancient Inftrument of a 
 Tranfaftion, conceived in no better Stile than what we ufe at this Time ; in 
 which one Stephen, Guardian to Gratian a Minor, tranfaded a certain Law-Plea 
 ■with him, which was fign'd in Ravenna in the laft Year of the Empire oijuftinian, 
 to wit, in the 38th, in the 12th Indidlion, which fell out in the 564th Year of 
 Chrift : And therefore it was reckon'd in thofe Times a very great Qualification to 
 be Mafter of the Latin Tongue, for which ^heodatiis, befides his other Learnings 
 is particularly commended : And even in this Age, Italy could boaft of fome great 
 Men, fuch as Ennodius, Jornandes, Boetius Se'verinus, Symmachus, Caffwdore 
 Arator, and fome others, who were all Men of great Knowledge and Erudition. 
 
 J U S'TI N I AN, by the Means of Narfes, having thus routed the Goths and 
 retaken Italy from them, at the Requeft, as he fays, of Pope Vilnius, publifh'd in 
 the laft Year fave one of his Empire, a Pragmatical Adt ^ confifting of many Heads, 
 by which he defign d to remedy the Diforders which Italy and the other Weftern 
 Parts had lain under. It was direfted to Antiochiis Praefed of Italy, and dated in 
 Conjiantinople in the 37th Year of his Empire : In which, as all the Adls and Dona- 
 tions made by Athalarick and Avialafuntha his Mother, and even thofe of 
 fthcodatus, are confirm'd ; fb on the other Hand, looking upon Totila as a Tyrant, 
 he abolilh'd, detefted, and render'd null, all the Ads and Donations made by him 
 during the Time of his Tyranny ; and he order'd, that in the Prefcriptions of 30 and 
 40 Years, the Time fliould not be computed, whWa Italy was under the Tyranny of 
 totila : That in Law-Suits amongft the Romans, the Military Judges fhould not 
 concern themfelves, but that the Civil were to decide them : He took Care of the 
 Super indiiiiones laid on the Merchants of the Provinces oi Calabria and Puglia j and 
 put forth many other Laws concerning the State of Italy, and thefe our Provinces, 
 which may be fcen in that Pragmatical Ad diftinguifh'd into many Heads, which 
 is placed after the Non;ellx. But we may obferve a Thing very remarkable in it : 
 Some by Conjcdures and Arguments have written, that becaufe the Publication of 
 the Pandeds and the Code was committed by Jiijitnian to the Prjefed of Illyncum, 
 
 ' Cair. lib. 9. cap. 21. 
 
 ^ Forner. in Call', lib. 10. var. c. 7. 
 
 ' Pragm. Juf\in. Poft. Nov. 
 
 therefore 
 I
 
 B&bkUI.' //^e KiNGDOj^- q^N A P L E S. r6y 
 
 therefore we ought to believe that they were likewile publifh'd in Itch'y. There's no 
 need of Arguments in a Thing fo manifeft ; We read, in that Pragmatical Ad, 
 that Jujitntan by his particular Edidl ordcr'd, the Laws infertcd in his Books 
 to be oblervM o\'er all Italy ; but becaufe afterwards in the Rcign of 7'otila 
 the Affairs of the Greeks went all to wreck, and the Gctbs return'd to their former 
 Dominion, in the midft of fo many Revolutions, his I.aws furely could not take 
 Place. The Affairs of the Greeks being afterwards reflor'd by Narfes^ and the 
 Goths intirely fubducd, by this Pragmatical Act he waiild not only have thcfe 
 Laws to be obferv'd over all Italy, but alfo that his other Conftitutions in the 
 Kovellx, which he had publifh'd afterwards, fhould be likewiie obey'd ; Co that 
 by God's Pcrmiflion having formed one Commonwealth, the Authority of the 
 Laws (hould be one and the fame in every Part of it, as the Words of the Prag- 
 matical Act import ; and as they are remarkable for our Purpofe, and, for what I 
 know, have never been hitherto taken notice of by any other, it will not be 
 improper to tranfcribe them ;, Jura infiiper, nyel Leges Codicihtts nojlris infertns, 
 anas jam fuh EdiLir.it Pfcgraminate in Italiani dudum mifimus, obtinere [anclmus ; fed 
 i3 eiis qlias pojlea promulgavmits Conjiittit'wnes, jtihevius fub Edt£iali propofitioue 
 iHilzari ex eo tempore, quo fub Ed't^ali prograraaiate evulgatx fuerhit etiam per 
 partes Italia ohtiuentey ut_ una Deo 'volcntc fatla Kepublica, Legum ettam noftrarum . 
 ubique prolatetur aufloriias. 
 
 BUT altho' the Name of Goth was extinft in Italy, yet thefe Provinces 
 did not continue long under the Dominion of the Emperors of the Eaft, neither 
 ■were the Books of Jujiinian of long Duration ; After the Death of Jtifttnian we 
 return'd afrefh, tho' not undei' the Dominion of the Goths, yet under that of the 
 Lougclards, who derive their Origin from the fame Goths, and of whom they are 
 Branches and Sprouts, as we fhall fee when we come to treat of them. 
 
 ALTHO' thefe Provinces came under the Empire of Jiifiinia}!, yet he had 
 not Time fufficient for eflablifhing his Laws in them, or for his excellent Compi- 
 lations getting Footing or Stability in them : If they reach'd us, their Memory 
 and all Veflige of them was foon extindl j for Jujiinian had fcarcely acquir'd the 
 Glory of having freed Italy from the Goths, when he was diverted by the fecond 
 Perfian War, and the InvaCon of the Htms, even to his Death, which fell ©ut in. 
 the Year 565, in an advanced Age of Eighty-two Years, after having reign'd. 
 Thirty-eight Years and Nine Months. A Prince, who if he had not in tlie End 
 of his Days obfcured his Fame by the Eutychean Herefy ', which he would em- 
 brace, and never adjured, might have exceeded the Glory of many Emperors 
 for Piety, Magnificence, many notable Exploits, and fignal Vidlorics, which 
 both in Peace and W^ar made him immortal, as all the mofl famous Hiftorians of 
 his Time reprefcnt him to us, and thofe likewife who flourifh'd after him, fuch as 
 S'beophilus the Abbot his Matter ', Procopins, Agathtas, I'beophdnes, ZoUara, Mar- 
 cellinus, E'va^rins, and Nicephorus among the Greeks j and amongft the Latins, 
 Cajfiodore, IVaruifred, and many others ' ; fb that the Miflake of thofe is now 
 jnexcufable, who believed, fi-om the Teflimony of i'K/t/i^j, that this Prince was lb 
 illiterate and unpolifh'd, that he did not fo much as know the A, B, C, when he 
 himfelf teftifies, that he had read and furvey'd the Books of his Inftitutions. 
 The Miftake proceeds from the Incorredtnefs of the Text of Suidas, which Deme- 
 trius Cakondila caus'd to be printed in Milan, where, inftead of Jiifiin, as we read 
 in all the Copies of Suidas which arc in the Vatican, we read Jufiinian "* j whence 
 that, which out of a Miftake is afcrib'd to Jufiinian, ought to be attributed to 
 Juftin, Uncle and adoptive Father of Jufiinian, as Procopins an Eye-witnefs de- 
 clares, who affirms, That Jufiin from a Shepherd became a Soldier, afterwards a 
 Comes, and laftly, by a wonderful Turn of Fortune, was raifed to the Imperial 
 Throne ; and becaufe he could not write, fcal'd his Publick Adls with a certain 
 Inftrument or Signet made on purpofe, as I'heodorick likewife ufed to do ; who, 
 tho' he was lb great a Prince as we have related, neverthelefs was ignorant of 
 Learning ; and as in lattet Times we read of Unbred King of Kent, and of 
 T'bajjilo Duke of Bavaria : And it was alio faid of Charles the Great by fome, 
 that he could not write, tho' he could read and was very learned. 
 
 Ar.alt. Cibllot. Paul. Diacon. I ^ Giphanius, Contius, Alcmannus in K'otis 
 
 * Theophilus Abbas julciiiiani Preceptor I ad Procopium. 
 extat apud Photium. I •» Nicol. Alcman ad Procop. p. i3. 
 
 CHAP.
 
 1^4 
 
 ^he Civil History of 
 
 Book III. 
 
 CHAP. V. 
 
 Of the Emperor Juftin II. and of the new Polity introduced into 
 Italy, and thefe our 'Provinces hy Longiniis hisjirfi Exarch* 
 
 F T E R Juftinian died, all his Defigns were broken, and the Fortune 
 of the Emperors of the Eall began to decline as formerly ; for he 
 was fucceeded in the Empire by Jufiin tke Tounver, Son of Vi^ilaimus 
 the Brother of Juftinian, very unlike him ; who, by his Stupidity, 
 fufFer'd himfelf to be intirely ruled by his Wife Sophia^ by whofe 
 Advice he recall'd Narfes out of Italy, and in the Year j68 ', lent 
 Longinus to fucceed him, 
 
 L NG I NUS being arrlv'd in Italy with an abfolute Power and Command, 
 given him by Juftin himfelf, attempted Innovations, and altered the State of it. 
 He was the firft who gave a new Form to Italy, and who introduc'd a new Difpo- 
 fition and a new Government into it, which facilitated its Ruin ; altho' he had 
 fixed his Refidence in Ravenna, as the Weftern Emperors, and ^heodorick with his 
 Goths had done, neverthelefs he would put Italy in another Shape "-. He took away 
 from the Provinces the Cotifulares, the Corre£lores, and the Prcefides, contrary to 
 what the Romans and the Goths had done, and in all the Cities and Towns of any 
 Moment made Heads, whom he call'd Dukes, and appointed Judges in each of 
 them for the Adminiflration of Juflice. In which Diflribution he honoured Rome 
 no more than any of the other Cities % becaufe having taken away the Confuls and 
 the Senate, which Names hitherto had been kept up, he put it under a Duke, whom 
 he fent every Year thither from Ravenna ; whence arole the Name of the Roman 
 Dukedom : And to him who refided in Ravenna, and govern'd Italy for the Em- 
 peror, he gave the Title not of Duke, but Exarch, in Imitation of the Exarchs of 
 Africa. With the Greeks, he was called Exarch who prefided over a Diocefs, that 
 is to fay, many Provinces of which the Diocefs was compos'd : So we fee in the 
 Hierarchy of the Church, that the Bifliop who was put over a Diocefs, and con- 
 fequently many Provinces, of which it was compofed, was not called Metropolitan 
 who had only one fmgle Province, but Exarch. Thus Italy fuffer'd greater 
 Changes under the Empire of Juftin Emperor of the Eafl, than under the Goths 
 who had maintain'd it in the fame Form and Appearance, in which it had been 
 govern'd and manag'd. 
 
 THE Provinces, with refpedt to Government, were changed and divided ; and 
 as formerly every one had its Confularis, or Correflor, or Prafcs, to whom the 
 Management and Government of them v.as intrufted ; f b by this new Divifion 
 every City or Caflle had its Duke and Judge, each of whom intermeddled with 
 the (jovernment of them feparately, and were only fubjecl to the Exarch, who 
 in Ravenna govern'd all Italy, at whofe Difpoficion they were, and to whom the 
 People had recourfe in Matters of Moment. Whence it was, that in thefe our 
 Provinces the fo many Dukedoms, which we fliall fee in the Reign of the Lon- 
 gobards, took their Rife j fome of them under the Dominion of the Greeks, fuch as 
 
 ' Marquard. Freher. in Chronologia Exarc. 
 Raven, apud Leunclavium. 
 » S'goii. dc Rcb. Ital. lib. J. 
 
 ' Blond. Hlft. lib. 5. dccad. ult. Jo. Sleidan. 
 de Quatuor Sum. Imp. Ul. z- 
 
 the
 
 Book III. f/j^ K I N G D o M 0/ N A P L E S. \6$ 
 
 the Dukedom of Naples^ Si'.rrentum^ Am^Iphis, Gaeta, and BjH ^ and {brrxl 
 under the Lovgobard Dukes, who having retaken from the Greeks almofl: ail I'u'ly, 
 and a great Part of thefe our Provinces, retain'd the fame Titles of Dukedoms j 
 ^vhence, above all the reft, the Dukedom of Bencvcmum^ thofe of Spoktv.vi^ and 
 Triuli rais'd themfelves, as we fliall fhcw more fully in the following Book of this 
 Hiftory. 
 
 BUT the Empire of the Greeks was of no long Duration in Italy^ neither 
 could Loiigiuiis boalt much of this new Form which he gave it ; fince this minute 
 Divifion of the Provinces intofo many Parts, and more Dukedoms, made the Ruin 
 of Italy the more ealy, and gave occafion to the Lougobards to make themlelves 
 Mafters of it the fooner ^ forafmuch as Narfes being highly offended at the Em- 
 peror, for having taken from him the Government of that Province which he had 
 acquir'd by his Virtue and Bravery, and Sophia not content with having got him 
 to be recall d, but fhe mnft needs likewife give him injurious and difdainful Lan- 
 guage, telling him, that fhe would caufe him to be put to Spin with the other 
 Eunuchs and Women of her Palace, carried his Wrath fo far, that, not able to 
 linother his bitttr Difpleafure, he anfv/er'd. That he would warp her luch a Web 
 that neither (he nor her Husband fhould ever be able to unravel it ■ and havin^ 
 disbanded his Army, he went from Rome to Naples^ from whence he be<:ran to 
 treat with Alboinv.s, King of the Lougobards, his great Friend, who at that Time 
 reign'd in Pmnonia ; upon whom he wrought fo much, that at laft he perfuaded 
 him to come and take Pofleflion of Italy with his Loiigobards. But feeing that by 
 the coming of the Lnngobards into Italy, the Affairs of Italy took another Turn j 
 and as there were new Laws and a new Polity introduc'd into it, fo likewife thefe 
 our Provinces were divided after another manner, and by taking new Names, were 
 difpos'd of and govern'd under other Dynaftiz ^ and at the fame time fubjefted to 
 the Dominion not of one fmgle Prince, but of divers Nations, fuch as Greeks 
 Longobards, and fometimes even Saracens ; it will be neceffary on Account of the 
 Novelty of the Subjed:, and the Importance and Variety oi^ the Events, that after 
 •we have related the Ecclefiaftical Polity of this Century, in the following Book we 
 treat of it particularly. 
 
 CHAP. VI. 
 
 Of the Exterior Ecclejiapical ToUty. 
 
 L T H O' the Church, in the Reigns of Arcadius and Homrius, moft 
 religious Princes, who in a manner deftroy'd Idolatry in the Rc- 
 raan Empire, was, on that Score, in a flourifhing and peaceable 
 State, neverthelels fhe was invaded with fo many and fo various 
 Herefies, that neither the numerous and frequent. Councils, nor 
 the many Conftitutions of the Emperors publifh'd againfl Hereticks, 
 were fuflicient to keep her in Peace. Tho' the Heathen Religion, ^nder the 
 Chriftjan Emperors, by the Subjeds imitating their Sovereigns, was very much 
 decay'd, neverthelefs it was not thought proper to extinguifh it altogether by 
 Force : On the contrary, the aforefaid Emperors for a long time tolerated the 
 Heathen Temples, and many Pagan Superftitions ; and the Worfhip of the 
 Gods ■ was profeis'd by many, tho' the Number of the Chriftians was much 
 
 L. 10. C. Th. dc Pagan, lib. i, & z, C. Th. de Malefic 
 
 Yv 
 
 greater
 
 \66 
 
 The Civil History of 
 
 Book III. 
 
 greater than that of the Heathens. But under the Emperors Arcadivs and Honcr'ms^ 
 the Heathen Worftiip was alinoft quite wore out in all the Cities of the Empire ; 
 it was only in the Caftles, the Pa^i-, and in C^rmpauiay that the Exercife of that 
 tleligion was kept up ; whence comes the Word Pc.gaui, which we fo often meet 
 with in the I'heodofwn CoAt ', to fignify Idolaters; a Name which at this time is 
 commonly given them by Chriftians, inftead of that of Gentiles. The Emperors 
 T'tecdo/Iiis tbe Ihungci' and Vcilentiiiian 111. deprefled the Pty.gans in fuch fort, that, 
 by difcharging them from being admitted into Military or other Offices, he brought 
 them to that pafs, that the Emperor I'heodofius himfelf queftion'd, if in his Time 
 there was lb much as one remaining ; Pa^anos qui Jhperftnn, quaniquam jam luulos 
 effb credauiiis '. At laft he condemn'd and profcrib'd them, and ordain'd, That if 
 there were IHll any of their Temples or Chapels remaining, they fhould be deftroy'd 
 and converted into Churches ^ 
 
 B L' T notwithftanding all the Power of thefe Emperors, there remain'd ill 
 Caiiip.niij, in P^rgis, many ancient Temples, in which the W'orfhip of the Gods 
 was kept up ; and it continued much longer there, becaule the Inhabitants were 
 the laft in parting with their ancient Ways and Cuftoms ; inlbmuch, that in our 
 Campania 'tis laid, St. Beijcdn^^, in the Time of King Tot/la, threw down the 
 Remains of Pt-ganifm^ which had alio remain'd amongft the Goths, and in the Place 
 thereof ereftcd a Church. There was a vaft Number of barbarous Nations that 
 continued as yet in the Darknels of Idolatry ^ but above all, what difturb'd the 
 Church moft in thele times, was the Irruption of the Barbarians^ and the new 
 Dominions of Foreign Princes eftablifh'd in the Empire : Thele, if not altogether 
 Pagans, were for the moft part Arians, and confounded and abufed her ; and if 
 Italy and thele our Provinces did not undergo I'uch ftrange Revolutions, all is 
 owing to the Piety and Moderation of King Theodorick, who, tho' an Arian^ 
 I'uffer'd our Churches to continue in Peace ; and as he did not alter the Polity of 
 the Civil and Temporal State, lb likewile he maintain'd in Italy the fame Form and 
 Polity in the Ecclefiaftical and Spiritual State. 
 
 T H E fame Thing happen'd, but upon another Account, to Gallia, which was 
 owing to the Converfion of the famous Clo-vis King of the French, who, in the 
 Year 496, receiv'd the Chriftian Religion intirely pure and bright, no ways ftain'd 
 ■with the peftilent Herely of Aritis. Spain, before Reccarede, had not the fame 
 good Fortune ; nor Africa after it was let at Liberty from the Vandals ; nor Ger- 
 many after it was lubducd by the Alemanni, and other more rude and barbarous 
 Nations ; nor Britain after the Invafion of the Saxons j and finally, not all the 
 other Provinces of the Weftern Empire. There were greater Revolutions and 
 Confufions in the Eaftern Provinces : The Hnns, under their famous King Atti/a j 
 the Alani, the Gepids, the OJlrogoths, and laftly the Saracens not only, overturn'd 
 the State of the Empire, but alio that of the Church. 
 
 T O all thefe Misfortunes, the Ambition of the Bifhops of the greater Sees was 
 added, and the bad Ufe the Emperors of the Eaft made of their Power, who 
 reduced the Pricfthood to fuch a State, that at laft they fubjeftcd Religion intirely 
 to the W^ill of the Prince. Thefe were the Occafions of that Change, which we 
 Ihall take Notice of from the Death of Valentiman III. to the Empire of Juflittian. 
 We fliall fee three Patriarchates in a manner funk and extind, to wit, that of Alex- 
 andria, of Antioch, and of Jeriifalcm ^ and that of Koine in the Weft, and the 
 other of Conjlantinople in the Eaft fprung up, whofe Clnirches jarring among them- 
 ielves, occafion'd an implacable and obftinatc Di\'ifion betwixt the Greeks and the 
 Latins ; and how that of Conjlantinople, whole Ambition had no Bounds, endea- 
 voured to invade the Patriarchate of Kome, and thefe our Provinces, tho' as being 
 Stiburhicaricc they belong'd to that of Kome. 
 
 ' L. 18. C. Th. dc Epifc. L. 46. C. Th. de 
 Hxret. Gentiles, quos vulgo Paganos appellant. 
 S. Augufr. lib. 2. RerratV. 4;. Deorurn fa!- 
 Ibrum, mutorumquc cultores, quos ufitato 
 
 nomine Paganos appellamus. V. Goth. inNotls 
 
 ad Tit. C. Th. dc Faganis. 
 ' L. 22. C. Th. dcPaganis- 
 ' L. 21 , 2j, 2/. C. Th. dc Pagan. 
 
 SECT.
 
 Book in. ?/:?^ K I N G D o M 0/ N A P L E S. 1 67 
 
 SECT. I. 
 
 of the ^atruvch of the W E S T. 
 
 TH E Pope, who at this Time began to be call'd Patriarch, as well by the 
 Greeks as the Lathis, very juftly obtain'd the firft Place among all the Patri- 
 archs, as well becaufe his Chair was fixed in Kome^ a City once the Head of the 
 World ; as for his being the Succelfor of St. Peter, who was Head of the 
 Apoftles. Therefore the Prerogatives of Primate over all the Churches of the 
 Catholick World were united in his Perfon, it belonging to him, as Head of all the 
 Churches, to have the Care and Infpedion of them, and to watch that the Faith 
 might be prelcrvcd pure and unfpotted, and the Difcipline conformable to the 
 Canons, and that thele fhouid be exadlly obferved '. His ufual Power, as we ha%c 
 fcen in the preceding Book, did not extend further than the Siihurhlcarian Pro- 
 vinces, that is to {ay, thofe that obey'd the Vicar of Rotae, among which were all 
 our four Provinces, of which our Kingdom is nov/ made up ; and to which Limits 
 it was confin'd till the Reign o^Valentinian. 
 
 I N procefs of Time, becaufe the Prerogatives of Primate were alfb lodged in his 
 Pcrlbn, it was very ealy to extend them over the other Provinces. By reafon of 
 his Primacy it likewile belong'd to him to hive a Care and Infpedtion over them ; 
 whence he began to fend his Vicars into fome Provinces, where he thought there 
 was occafion. The firft that were appointed, were thofe, that were fent to lllyri- 
 ctim : After 'fheffaly, the Head of tlic Diocefs of Macedonia, in which the Bifhop 
 exercis'd Exarchal Power, acknowledg'd the Vicars fent by the Pope, it became 
 fubjecl to the Patriarch of Rome, who by his Vicars, exercifed not only the Power 
 of Primate, but likewiie that of Patriarch ^ and thus befides Macedonia, it alio fared 
 with the reft of the Provinces of Jllyricinn. In progrefs of Time he not only fub-' 
 jecled all Italy to his Patriarchal Authority, but likewile the Gallix and S-^aiu , 
 whence it was, that not only the Latins, but the Greeks themfelves in later Times 
 look'd upon the Pope te> be Patriarch of all the Weft, as, on the other hand, they 
 would have the Patriarch ofCofiftauthwple to be of all the Eaft. Befides the Pope? 
 were always read}', and made hafte to fend Prelates to govern the manv Provinces 
 and Nations that embrac'd the Faith of the Catholick Religion, and by that means 
 fiibjedled them to their Patriarchate ; as it happened to Hul^aria, which being 
 brought to embrace the Faith of Chrift, immediately got an Archbifliop fent to it^ 
 whence arofe the fo many Dilputes about this Province with tiie Patriarch of Cou- 
 frantimple, who pretended to it as his Right. "J'hus by Degrees did the Popes 
 extend the Bounds of their Patriarchate over all the Weft ; w hence it came to pals 
 (not without great wrangling) that they arrogated to themllivcs a Power to 
 ordain the Bifhops over all the Weft, and confequentiy to liipprels and over- 
 throw the Rights of all the Metropolitans ; befides, they alfum'cl to themlelves 
 the Ordination of the very Metropolitans. Thus, tho' formerly the Archbilhops of 
 Milan, who were Exarchs of all the Vicariate of Italy, were ordain'd by the Biftiops 
 of Italy only, as we read in Tbeodoritas ' of the Ordination of S. Ambrofe ; yet in 
 procefs of Time the Popes would have them to come and ask their Confent to their 
 Ordination, as S. Gregrry relates in his Letters ^. 'J hey likewiic took upon them- 
 lelves all the Privileges of the Metropolitans with rciped to Ordinations, by grant-" 
 ing the Pall, which they lent them ; for by that the Popes gave full Power to the 
 Metropolitans of ordaining Bifhops in their Province; lb that conlcquently the 
 Power was given them jointi)' with the Pall ; ^V'hence by a new Law, the Metropo- 
 litans were forbid the Excrcile of all Epilcopal Tundtions, till they had firft receiv tl 
 the Pall ; and it v/as alio ordain'd that they were to take the Oath of Fidelity to the 
 Pope. And in procels of Time, it was determin'd likewiic, that Appeals from the 
 
 ' Du Pin, dcvcr Eccl. Difcip. DifTert. i. I ' Crcc;. lib. 2. Tp;!. 
 -- Theod. lib. 4. Ilift. C.7. I 
 
 Sentcr.ccs
 
 1 68 The Civil History of Book III. 
 
 Sentences pronounc'd by Metropolitans concerning Difputes about Eledions, fliould 
 de\oh'e ro the Pope, in cafe the Eleftors were negligent, or if the Elected was not 
 a fit Ferfon ; that it fhould be in his Power alone to admit of Refignations of 
 Bifliopricks, and to determine the Tranflations, the Coadjutorfliip, and the Succef- 
 fion : And finally, that the Confirmation of the Elections oi all the Bifhops of the 
 Provinces fhould belong to him. 
 
 BUT ail thefe Incroachments, which were made upon the other Provinces of the 
 Weft, made no Alteration in thefe of which the Kingdom is now made up ; for 
 they being Subiirbtc.^riau, and over which the Pope from the Beginning always 
 exercis'd his Patriarchal Authority, were as formerly fubjedl to him ; he took no 
 Power from the Metropolitans, becaufe there were none ; neither as to the Ordina- 
 tion of Bifhops, was the Difcipline of the preceding Ages chang'd. Our Churches 
 ■were not as yet rais'd to be Aletropolitan ; neither were the Privileges of Metropo- 
 litans granted to their Bifhops, by the lending them the Pall, as was afterwards 
 done : Neither hitherto had they been tifnrped by the Patrinrch of Omjlantimplc ; 
 for what is related of Peter Bifhop of Bart ', who in the Year 530, under the 
 Pontificate of Felix IV. had got the Title of Archbfhnp, and the Authority of 
 ]VIetropolitan from the Patriarch ofConfiantincple, with Power to confecrate twelve 
 Bifhops in his Province of Pnglia, ought not to be carried back to that Year, when 
 thefe Provinces had not as yet been invaded by the Greeks, and were under the 
 Dominion oi y^tbalartck King of the Goths, but to the following Times, when Part 
 of Piiglia, and Calabria, of Lncania, and the Brutii, and many other maritime 
 Cities of the other Provinces, remain'd in the Hands of the Emperors of the Eafl, 
 'twas then that the Patriarchs of Conftantinople, by the Favour of the Emperors, 
 ufurped the Patriarchal Authority over them, as we fhall relate in the following 
 Books, 
 
 .' Uighel. de Ep. Bar. Beatillo Hlfc di Bari, pag. 9. 
 
 SECT. 11. 
 
 of the Tatriarcb of the EAST. 
 
 IF the Ufurpations of the Patriarchs of Rome were great over the Weftern Pro- 
 vinces, greater and more bold, without doubt, were thofe of the Patriarch of 
 Confiantinnplc, over thofe of the Eaft : He not only fubjected to his Patriarchate the 
 three Autocephalx Dioceffes, to wit, that of Afia, of Pontus, and of 'Thrace i but 
 in procefs of Time, he in a manner extinguifh'd the three famous Patriarchates of 
 the Eaft, the Alexandrine, the Antiochum ; and laftly, that of Jerufalem. Thefe 
 Bounds not having fatisfied his Ambition, he alio invaded many of the VVeftern 
 Provinces ; neither did he fpare thofe of our Country, which in Juftice belong'd to 
 the Patriarchate o(Ko7ne. 
 
 FROM what mean and {lender Beginnings the Patriarchate oiConJlantimple h^d 
 its Rife, may be feen in the preceding Book. The Bifhop of Byzantium, at firft, 
 was only a fimple Suffragan of the Bifhop of Heraclea, who prefided as Exarch in 
 7'brace'. Of all the Patriarchates of the Eaft, thole o£ Alexandria and Aiitiocb 
 ■were the moft famous and eminent. That of Alexandria was in the fecond Place 
 next to the Patriarch of Rome, perhaps, becaufe Alexandria was reputed, after 
 Rome, the fecond City in the World : The other of Ant toe h had the third Place, 
 alfb venerable on account of St. Peter's having had his Chair firft there. Thus the 
 three Parts of the World owned three Churches fuperior to all the reft : The Weft 
 that of Rome ; the Eaft that of Antioch ; and the South that of Alexandria. How- 
 ever, the Church of Rome did not exercife her Patriarchal Authority over all Europe, 
 nor that of Antioch over all Afia, nor that of AleMndria over all Africa ; each of 
 
 • Gelaf. Epift. i . 
 
 them, 
 
 t
 
 Book III the K i n g d o m «/ N A P L t S. 1 6(; 
 
 tliem, as we have feen in the Second Boole, did not extend their Authority further 
 than their own Diocels : The others obcy'd their own Exarch.'. ^ and many other 
 Places had their own y/;</';ff/)Z'i//; Bifliops, that is to lay, were {ubjcdl to no othei. 
 Such were the BiOiops of Carthage and Cyprus m the Eaft. Such were once the 
 Bifliops of Gallia^ Spaiii^ and Gen/iaiiy, and other more remote Countries in the 
 Weft. The Churches of BdrLary were certainly not iLibjaS: to any Patriarch, but 
 were govcrn'd by their own Bifhops. Thus the Churches of Ethiopia, Perfia, and 
 the Indies, and other Countries not fubjed: to the Romun Empire, were govern'd 
 by their own Priefts. 
 
 THERE was yet another Patriarch in the Eaft, to wit, that of Jerufalem. If 
 we confider the Difpofition of the Empire, the Billiop of Jertifjlem delerv'd that 
 Prerogative no Icls than the Bifhop oi Byzantium; and as the one was a SufTragan 
 to the Metropolitan of Hcrac/ca in SThrace, lb the other was a Suffragan to the 
 Bifhop of Cxfc.rea, Metropolis of Pale/line : But even with great Realon the Honour 
 of Patriarch was given to the Bifhop of Jerufalem : From the Times of the Apoftles 
 it being efteem'd a great Honour to fit in the Chair placed in the holy City, where 
 our Saviour inftituted his Church, and from which the Golpel was fpread over all 
 the World; and where the Author of Life converfed amongft us, and where he left 
 the Land Iprinkled with his Blood : 
 
 IVhere his Life he fpent, his Life he facrificd. 
 His Body here entomVd, to Life he rais'd. 
 
 But tho' we may fee in a thoufand Examples, that the Polity of the Church kept 
 pace with that of the Empire ; and as the one chang'd its Form and Dilpofition, lb 
 likewife did the other, yet furely nothing can convince us more of the Truth of this, 
 than the raifing of Coiiftantimple to a Patriarchate. After that Conftantme the Great 
 had made that City lo illuftrious and magnificent, by making it the Seat of the 
 Empire of the Eaft, with a Defign to render it equal to Kome, and next to which 
 it might be reputed the fecond City of the World ; its Bifhop began iikcwifc to 
 exalt himfelf, and fhake off the Yoke of his Metropolitan. Becaule Confiantinople 
 was efteem'd another Koine, we fee that in the Council of Confiantinople ', the firft 
 Honours were allow'd to its Bifhop next to that of Rome, eo quod fit Nova Roma. Thus 
 tho' formerly next to the Roman, the firft Honours were due to the Patriarchate of 
 Alexandria, yet now that of Conjt ant inople came into its Place. 'Tistruc, as Du Pin 
 well proves ', that the Honours only were granted its Bifhop by the Council, and 
 not any Patriarchal Jurildidlion over the three Autocephalne Diocefles : But it was 
 enough, that by the fpecious Pretexts of thefe Honours, he might begin his In- 
 croachments ; it was not long before he invaded 1'brace, and ex^rcifing there his 
 Exarchal Power, made himfelf Exarch of that Diocels, and eclips'd the Rights of 
 the Bifhop of Hcraclea. 
 
 AF TER having eftablifh'd himfelf in Thrace, his Ambition pulh'd him to ex- 
 tend his Bounds further ; he invaded the neighbouring Diocefles, to wit, of Afia 
 and Ponttis, and at laft flibjeited them to his Patriarchate. He did not fnatch them 
 at once, but from time to time by the Favour of Councils, and more by that of the 
 Emperors. S. John Chryfoftome pav'd the Way more than all the other Bifhops of 
 Confiantinople, for getting full PofTeflion of them : at laft he came to ufurp not only 
 the Power of Ordaining the Metropolitans of Afa and Pontus, but he obtain'd a 
 Law from the Emperor, that none could be ordain'd Bifhops without the Authority 
 of the Tatu^Tch of Confautinople ; fb that, being fupported by this Law, he took 
 upon him afterwards to ordain fimple Bifhops. Thus did the Patriarchs of Co«7?«;/f/;A/- 
 ple polfefs themlelves of Afa and Pontus ; which afterwards, in order to render their 
 Conqueft the more fure, they got confirm'd by the Council of Chahedon, and by the 
 Edids of the Emperors '. The Popes oppos'd their aggrandizing themlelves fb 
 much: S. Leo difputed it with them, as did alfo his Succeffors, but efpecially 
 Gelaftus ■*, who held the Sec of Rome from the Year 492. to 496. But all their 
 Endeavours were in vain, becaufe the Patriarchs of Conftantinople were all favour'd 
 by the Emperors, fo that not only the fecond Rank of Honour, next to the Patriarch 
 
 ' Cone. Conftantin. c. j. 
 
 * DuPin, loc. cic. Differt. i. 
 
 I 
 
 ' Libcrat. in. Brcviar. c. i;. 
 
 * Gclaf. Epifc 4 8c £p. 1 5. ad Epifcopos- 
 
 Z z of
 
 xjQ The Civil History of Book III. 
 
 oiRonie, was confifm'd, but alfo the JurifdicStion of PoHf//.^, ofJJia, tm^ofThrnce. 
 The Emperor Bafiliciis in one of his Edids quoted by Evagrius ', ratified it to 
 them : The Emperor Zeno by one of his Conftitutions, which we yet read in our 
 Code, did tlic lame ' ; and laftly, our Jnfiinian by his No'vcllce ', to back what 
 had been ordain'd by the Canons of the Council of Cbalcedon^ ordered the fame, 
 which afterwards was approved of by the Confent of the Univerfal Church ; for the 
 Canons of the Councils of Conftantimple and Chalcedov^ having been infertcd in the 
 Codes of the Canons of the Church, in the following Centuries it was taken for 
 granted, that the Patriarchate of Conftantimple held the fecond Rank of Honour 
 and Jurifdidlion over ail thofe three IJiocefTes. 
 
 THUS did this Patriarch out-ftrip the three others which were in the Eaft : 
 Thefe three Sees loft their ancient Luftre and Splendor, not only by the aggran- 
 dizino- of the other, and by the frequent Incurfions of the Barbarians, who invaded 
 their Dioccftes, but much more by the Fadions and Difputcs which often arole 
 amongft them, about Elections, and concerning Doctrine and Dilcipline ^ and from 
 that Time forward, the Patriarchal Sees were rank'd after this manner ; the Roman, 
 rhe Conjianthwpoliian, the Alexandrine^ the Antiochian^ and that of Jerufalem. The 
 Council o( Conftantimple which was celebrated in the Year 536, obferv'd this Order. 
 And Jiiftintan, both in his Code ''j and in his No'vellx ' did the fame, as alio all the 
 other \Vriters, as well Greek as Latin. However, the Title of Patriarch was not 
 reftrifted to thefe five only, fometimes it was given to eminent Metropolitans j fo in 
 the above cited Council of" ConJia>itinople, it was given to Epiphamus Bilhop of Tyre j 
 and Jtijlinian both in his Code, and his Novelltx, generally gives this Title to Ex- 
 archs, who had the Government of fbme DiocefTes : But not long after this Title was 
 reftridted to the above five only. 
 
 BUT in the Weft it continued, as formerly, to be given to other Bifhops 
 and Metropolitans. In Italy our King Athalarick, as we read in Cajfiodore *, called 
 the Bifhops of Italy Patriarchs, and the Pope their Head, as fuch, Bifhop of the 
 Patriarchs. The Bifhops of y^f/z///^^^ and Grado^ are likewife call'd Patriarchs by 
 Paul IVarnefride '. In France this Title was alfb given to the moft eminent Metro- 
 politans and Primates. Gregory of Tours * calls Nicetius, Patriarch o{ Lyons. The 
 Council of Mafcon^ which was held in the Year 585, likewife calls Prifcus Bifhop of 
 that City Patriarch '. Defiderins of Cahors call'd Sulpitii'.s Bifhop of Bonrges alfb 
 Patriarch ; and Hincmarus of Kheims does not diftinguifh betwixt the Patriarchs, 
 and the Primates '°. So likewife in Africa the firft Bifhop of the Vandals affum'd 
 the Title of Patriarch, at which the Catholick Bifhops laugh'd ; and in procefs of 
 Time, the firft Bifhop of thofe Nations that embrac'd the Faith of Chrift, was 
 call'd Patriarch. Bulgaria being converted to the Faith, the firft Archbifhop and 
 his SuccelTors took the Name of Patriarch. At this Time the Chriftians of the Eaft 
 have fuch Patriarchs, where, excepting thofe, which are properly call'd Greeks^ 
 who ftill retain the four Patriarchs, of Confiantinople, of Alexandriay of Antiocby 
 and of Jerufale^u, tho' the Popes ufe likewife to create Titulars : There are as many 
 Pvitriarchs as Sedts • the Jacobites have their Patriarch j the Maronites theirs i 
 and both take the Title ofPatriarch of Antiocb. The Copbti have likewife theirs, 
 .who calls himfelf Patriarch of Alexandria., and keeps his See there. The Abyffws 
 have theirs, who governs all Ethiopia, tho' it be in a manner fubjedt to the Patri- 
 arch of the Copbti. The Georgians have an AtiTocephalc Archbifhop fubjedt to none. 
 The Armenians have two general Patriarchs : The firft refides in Arad a City of 
 Armenia ; the other in Cts a City of Caramania. 
 
 WE have fecn how much the Patriarch of Conftantinople railed himlclf above the 
 other Patriarchs of the Eaft, and how much he inlarg'd the Bounds of his Patriar- 
 chate in this Century, to the Empire ofjuflin. In the two following Centuries we 
 fhall fee him, being grown much greater, incroach upon other Provinces and 
 Nations i for thofe Limits being too narrow for his Ambition, in the Time of Leo 
 
 ' Evagr. lib. ;. cap. ;. 
 * L. Deceruimus 16. C- deSacrof Eccl. 
 ' Nov. I ;i. cap. i. 
 
 ^ Cod. lib. I. tit. ^.c.47. & tit. 46. c ;4. 
 5 Nov. ;. c. 2. Nov. 6. c. :}. Epilog. Nov. 
 & iz;. c 7.1, 2;. 
 " Caf. lib. 9. c. If. 
 
 ' PaulWornefi. lib. 5. c. 7. & lib, 6. c n. 
 & lib. 4. c. 10. 
 
 * Cicg. Turon. lib. ;. Hift. c. 20 
 ' Tom. f. Concil. col. oSq. 
 '" Ilincmar. inllb. Capit. ff. c. 'T- 
 " DuPin, loc. cit. Diflcr. 1. 
 
 Ifatiricus^
 
 Book nr^ /^^ K I N G D o M 0/ K A P L E S. 
 
 171 
 
 Ifanricus^ we fhall fee him take PoflTeflion of Illyricum, Epirus, Achaia and Mace- 
 donia : We fhall Jikewife fee him fubjed Sie.'ly, and many Churches of thefe our 
 Provinces to his Patriarchate, and in the end difpute with tlie Pope for Bukaric.^ 
 and other Countries. 
 
 SECT. III. 
 
 I' he Ecckjiajlical 'J^olity of thefe our 'Provinces wider the Goths, and under 
 the Greeks, to the Reign of Juftin U. 
 
 TH E O D O R I CKy and the other Kings of the Oftrogoths his Succeflbrs, 
 tho Ari an s, fuffer'd, as is faid, our Churches to continue in Peace; and the 
 lame Polity that they found, was by them maintain'd inviolate and untouch'd. 
 The Pope was fupported in them, and, as formerly, exercifed his Patriarchal 
 Authority over thefe our Provinces as Suburbicarian, fo that he was acknowled<^'d 
 both as Patriarch and Metropolitan ; for hitherto our Metropolis's, in what concern'd 
 Ecclefiaftical Polity, had neither Archbiihop nor Metropolitan : In the Cities as 
 formerly, there were fimple Bifliops, who own'd the Pope for their Metropolitan - 
 whence Arhalariek' , who ufed to give the Title of Patriarch likewife to the Bifhops 
 call'd him the Bifhop of the Patriarchs. And in Ibme Cities of Italy, in the Reign 
 of the Goths, as alfb of the Lovgobards, who were likewile Ariaiis, there were leen 
 in the fame City two Chairs, poffeffed by two Bifhops, the one Catholick, and the 
 other Arian ; in theft our Provinces, which were always ftedfaft, and never pol- 
 luted with the Errors of Arius, all the Bifhops profefs'd the Faith of Nice, and 
 kept their Churches pure and unlpotted, and maintain'd the ancient Doctrine and 
 the fame Difcipline, which the Church of Rome their Mifkefs and Guide obftrv'd. 
 The Bifhops govern'd their Churches by the common Advice of the Presbytery. 
 There was no other Hierarchy obferv'd in them, than of Priefls, Deacons, Sub- 
 Deacons, Acolyts, Exorcifts, Readers, and Door-Keepers. 
 
 THE Bifhops were likewife elefted by the Clergy and People, and ordain'd by 
 the Pope, as formerly, altho' the Favour of the Princes began to have Weight : 
 Grotius ^ is of Opinion, that the GothiJIj Kings, whether Arian or Catholick, feinpe;' 
 Epifcoporum Eleifiones in fua potcfiate hahucre, and fays, that the fame was alio 
 obferv'd by Joannes Gartia ; but it will not hold true of our Gothtjlj Kings, who 
 made ufe of no other Power but what had been exercifed by the Emperors, both of 
 the Weft and the Eaft. They, as Guardians and Protedors of the Church and 
 •who look'd upon her Government and outward Polity alfb to belong to them 
 believ'd it was in their Power, and incumbent upon them to regulate the Elediions 
 by their Laws, to crufh Ambition, and to remedy Diforders and feditious Tumults 
 and often to prevent them ; to make up Difcords, which often happened bv the 
 Fadtions of Parties, and to decide Controverfies which arofe about thefe Elections - 
 but they left the Eleftion to the Clergy and the People, as they did the Ordination 
 to the Provincial Bifhops, or the Metropolitans. Odnacre King of the Herul! the 
 more immediate Succeffor in Italy, to the Rights of the Emperors of the Weft, than 
 ^heodorick; in the Eledion of the Bifhop oi Ro7nc, and the other Bifhop oi Italy 
 would exercife the fame Power: Bajilitis liis Prxfeflu^ Prxtnrio, always had a 
 watchful Eye upon that, and even, as he faid, by the Advice of Pope SrmpltaiiSy 
 who on his Death-bed gave it him in Charge, to fee that no Election was made 
 without his Advice and Direction '. 
 
 IT was obferv'd, that 'theociorick made ufe of the fame Authority in putting an 
 end to the Schifm which arofe in the Church of Ra/c in his Time, betw'nt Laurcn- 
 tius and Symmachus, as the Emperor Honoriiis had done, in that betwixt Boniface 
 and Etilalius ; by the Death of Pope Anaftafius, which fell out in the End of the 
 
 Caf. lib. r). c. if. 
 
 Grot, in Prolcgom. ad hlft. Go: 
 
 ' Cone. Roman, fub Symmac 
 Dift. c6. 
 
 cap. 
 
 bene 
 
 e r. 
 
 Year
 
 172 'The Civil H i s t o r v oj Book llL 
 
 Year 493, they both pretended to be advanc'd to that See: i>ym)iiifckusJiticonoi 
 that Church was chofen by the grcateft Number, and Ordain'd ; but Fgjltis a 
 Senator o( Rome, who had promifed the Emperor Auajhtfius to get a Popccholen, 
 whoftiould beobfequious to his W ill, caufcd Laurentius to be cleded and ordain'd. 
 The two Parties went ioKa'venna to be judg'd by King 1'heodorick, who determin'u, 
 that he who had been firft eledcd, and had had the greateft Number of Votes, 
 fhould be Bifliop of Rome : Symmachus had both thefe Advantages over Laurentms ; 
 whereupon he wasconfirm'd in that See, and in the firft Year of his Pontificate held 
 a Council, wherein there were fome new Canons made in order to prevent Compe- 
 titions in fuch Eledions for the future. Thofe, who had oppofcd the Ordination 
 oiSy7)Wiachus^ feeing him in PofTeflion in fpite of them, did all they could to get him 
 turn'd out ; tnercfore they accus'd him of many Crimes, ftirr'd up a great Part of 
 the People and Senate againft him, and demanded a Vifitor of King ftheodorick, who 
 might take Cognizance of thefe Acculations : I'heodorick nam'd Peter Biftiop of 
 Altino, who rafhly, and contrary to Juftice, immediately depriv'd the Pope of the 
 Adminiftration of his Diocels, and of all Power over the Church: This precipi- 
 tate Adlion rais'd great Diforders, and pernicious Tumults in Rome ; for quieting of 
 which, Theodorick in the Year 501, caufed a Council to be call'd in Rome, to which 
 he invited all the Biftiops of Italy '. Almoft all the Bifhops of our Campania went 
 to it, as alfo the Bifhops oi Capua, Naples, Nola, Cuma, Mifemtm, Pozzuolo, Sur- 
 rentum, Stabta, Venafro, Sejfa, Alife, Avellino, and fome others of the other Cities 
 of this Province. From Samiiium, the B'id-iops o( BeneTjeiitiwi, Ifernia, Bojamm, 
 Altnia, Cbieti, Amttemum, and others went. 
 
 FROM thefe two Provinces, as being neareft to Rome, there went a great 
 many : From the other two of Ptiglia and Calabria, of Lucania and Briitium, as 
 being more remote from Rome, and nearer the Greeks, very few went. The Bifliops 
 oi Emilia, oi Ligitrta, and of Venice, likewife went ; who in paffingthro' Ravenna, 
 fpoke to i'heodorick in favour of Symtnachus ^ and being arriv'd at Rome, without fo 
 much as examining the Accusations laid againft Symmachus, they declar'd him Inno- 
 cent to the People, and abfolv'd him ; and they managed it fo with King I'heodorick, 
 that he was fatisfied with the Sentence ; and the People and Senate, who had been 
 much incenfed againft the Pope, were pleafed, and acknowledg'd him for true 
 Pontiff. Nevcrthelcfs there were ftill fome Malccontents, which occafion'd fome 
 Writings againft that Synod ; but the Bifhop of Pavia anfwered them, which was 
 approved of in another Council held in Rome in the Year 503, in which the Sentence 
 of the firft Synod was confirmed. The Calumnies invented againft Symmachus were 
 carried to the Eaft, and the Emperor Anaftafms, who had left the Communion of 
 the Roman Church, upbraided him with them ; Symmachus in an Apologetick 
 Writing juftify'd himfelf fufficiently, and in fpite of his Enemies continu'd peaceable 
 PofTefTor of that See to the Year 514, in which he died. 
 
 1 N thofe Times it was reckon'd the peculiar Right of Princes to regulate thefe 
 Eleftions, in order to prevent Caballing and Seditions. And Athalanck being 
 mov'd by the preceding Schifms which fell out in Rome about the Eledion of their 
 Bifhop, and defirous to make a Rule for the Time to come, to prevent the like Dif^ 
 orders, in imitation of the Emperors Leo and Antemius, made a rigorous Edidl, 
 which he direded to Pope John II. who, in the Year 532, had fucceeded to 
 Boniface in the See o£Rome, by which he regulated the Eledions not only of the 
 Roman Pontiffs, but likewife of all the Metropolitans and Bifhops, by impofing 
 fevere Penalties on thole, who out of Ambition, or by Money, fhould afpire to 
 pofTcfs the Sees, declaring them Sacrilegious and Infamous ^ and that befidcs the 
 Reftitution of the Money, and other heavy Fines, which were to be employ 'd in 
 the Reparation of the Fabricks of the Churches, and in maintaining the Minifters of 
 them, they were to be feverely punifh'd by their Judges, and their Eledions as 
 Simoniacal made void and invalid : By this Edid he provided againft Contentions 
 and Debates about Eledions, which when complain'd of to him by the People he 
 immediately caus'd them to be examin'd and decided ; declaring. That what he 
 had eftablifh'd by this his Edid, did not only concern the Eledion of the Bifhop of 
 Rome, Sed ettam ad univerfos Patriarch as, at que Metropolitanas Ecclefias. Thiv 
 Edid was drawn up by Caffiodore % who, though he was a Catholick, and moft 
 
 • Paul Warnifrld. Zonaras Grot- in Proleg. ad Hlft. Got. I Caf. lib. 9. c. if. 
 
 \ con-
 
 Book III. the K i \ o d o m' of N A P L E S. 175 
 
 converfant in Ecckfiaftical Matters, fb mi:ch that at prcient he is efteem'd none 
 of the meancft Writers of the Church, and by <bme reputed a Saint, perhaps 
 becaufe he died a .Monk of Q[fino ', not only made no Difficulty in drawing it up, 
 but c\'cn advis'd it, as a Thing very convenient for his Frince j neither was it 
 thought, according to the Maxims of this Age, ftrange or foreign to his Royal 
 Authority. It was directed to Pope Jvbn II. who receiv'd it with a great deal of 
 "Relpedl and Efteem, neither did he ever complain of it ; on the contrary, if 'tis 
 true, that that Letter was his, which we read among the Laws of the' Code - 
 written to the Emperor 'JuJUiiidn, wherein he {o much commends his Care about 
 the Ecclefiaftical Difcipline (for Hottomaniis ^ and others * doubt of it, tho' it be 
 afTerted by Fachineus we fee that this Pope never difputed that Power which the 
 Princes claim'd in the Difcipline of the Church. And befides ylthalarick ordered 
 SaH'antius *, who was at this Time Framed: of Rome, that without delay he fliould 
 publifli it to the Senate and People ofRoa/e ; and in order to perpetuate the Memory 
 of it to future Ages, ordain'd him to caufe it to be engraven on Tables of Marble, 
 which he was to place before the Porch of St. Peter the Apoftle for a publick 
 Teftimony '. 
 
 THE GcfbiJIj Kings, as Succeflbrs of the Emperors of the Weft, would keep up 
 all thefe Prerogatives, which thefe had exercifed in the exterior Ecclefiaftical Politv, 
 to which their fo many Conftitutions which are regiftred in the laft Book of the 
 1'hecdofuju Code, bear W'itneis. Thus it belonging to them to fettle the Degrees, 
 within which Marriages could be contraded ^, and to forbid Marriages within the 
 nearefl: Degrees, and to difpenfe with them by their Refcripts *, and their taking 
 Cognizance in matrimonial Cafes, it ought not to f'ecm ftrange, that amongft the 
 Formularies related by CaJJiodore '°, we likewife read that of our Gothtjlj Kings made 
 about Difpenfations, which were wont to be granted in Degrees prohibited by the 
 Laws. So likewife that the Goths imitated what the Emperors of the Weft and Eaft 
 did, in not allowing their Subjefts without their Confent, to dedicate themfelvcs to 
 the Church, or Monafteries, of which we have many Evidences remaining in the 
 ^beodofian Code: Grotins writes", Xon fniiius laudanda cantio, quod fid'djtorur/i. 
 fuortim mmiuem fermifere fe Ecclefiis, ant Monafteriis mancipare, fuo irnpermijfu. 
 
 THE fame Polity concerning this Matter was kept up in thefe our Provinces, 
 when they pafTed from the Gctbs to the Emperors of the Eaft, and much more 
 under the Emperor "Jv.flinlan. The Emperors of the Eaft follow'd the fame Foot- 
 fteps ; and we read many Edifts concerning the outward Polity of the Church, of the 
 Emperor Jilartianus, who was the moft moderate of them all, as Facundns '- Bifhop 
 oi Her mania in Africa wrote. The Emperor Leo, follow'd afterwards by Athalarick, 
 likewife difcharg'd the Election of Bifhops by Ambition, or Simony ; and befides the 
 Penalty of Degradation impofcd by the Council of Cbakedon, he added that of 
 Infamy ; and Antemtus did the fame '^ But above all the other Emperors of the 
 Eaft, 'Ji'.fiinian was he, who took thegreateft Care, and concern'd himielfthe moft 
 about Ecclefiaftical Difcipline ; whence it came to pafs, that the laft Emperors of 
 the Eaft, not knowing how to keep themfelves within Bounds, went fo far, that ac 
 laft they intirely fubjedied the Priefthood to the Authority of the Prince. His 
 Ncvellx for the moft part are ftuffed with fo many Edids about the Difcipline of 
 the Church, that on that account he is reckon'd amongft the Number of the Eccle- 
 fiaftical Authors: He made many Laws concerning the Ordination of Bifhops, their 
 Age, what was requir'd of them in order to qualify them for being eledled and 
 promoted to a Bifhoprick, their Refidcnce, their Learning, and Privileges, and a 
 Multitude of other Things belonging thereto. He regulated the Convocation of 
 Synods and Councils, and prefcrib'd their Time. He made various Rules about the 
 
 ' P. Caret, in V iM CafTiod. I ' L. :;.!. \6. C. Th. de inceft. nupr. Ambr. 
 
 L. inter, daras, Cod. tie fumma Trinit. &:' Epift. 66. ad Patcrn. lib. 8. 1. Si quis C de in- 
 
 celtls nupt. I. incelebrrindis, C de nupc 
 
 *• L. I. C. C\ nuptix- ex refcripto pctantur. 
 V. Launojo in Traft. Regia in Matrimon po- 
 teltas par. ;. art. i. 
 
 '° CafTiod. lib. 7. c. 46. 
 
 " Grot. inProleg. ad Hift. Got. 
 
 " Facund. lib. 12. c. :^. 
 
 '^ Jacob. Got. inCod.Th. torn. 6. Anthem. 
 1. fi qucmquam, C. dc Epifc. 8c Clcricis. 
 
 A a a Manners 
 
 Fid. Cath 
 
 ^ Hot. I. obf. 7. c. 2. 
 
 * V. Alciat. lib. y. par. cap. 25. Cujac. obf. 
 ;i. c 26 
 
 ' Fachin. Controv. lib. 8. cap. i. 
 
 Cal". lib. 9. c. ly. 
 
 '' Leges olim in atriis Ecclefix locabantur, 
 Cujac. lib. I. Tcud. tit. 17. Juret. ad CalTiod. 
 lib. 9. c. 16
 
 .1 74 ^^^^ Civil History of Book III. 
 
 Manners and Conduft of Priefts, Deacons, Sub-Deacons, their Immunities and 
 rerlbnal I-undions. He made many Edidls touching the Degrading of the Clergv, 
 and the Regularity and Profcffion of Monks. By his Laws he gave more Strength and 
 Vigour to the Canons, which had been eflabliih'd in divers Councils, injoyning the 
 Obfcrvance of them by the Metropolitans, Bifhops, and all the other tcclcfiafticks ; 
 adding fevere Penalties on thole who fliould trangrefs them, by being depofed and 
 degraded from their Orders ; and he put forth many other Edids concerning Eccle- 
 fiaftical Matters, which may be ieen in his Novelise, and his Code. 
 
 IT belong'd likewife to the Oeconomy of the Prince to prevent the Abule of the 
 Keys in Bilhops : So that when they excommunicated any Perfon wrongfully, he 
 immediately oppofed them ; and Jitfttuian himfcif, by a Law ', difcharg'd the 
 Bilhops from Excommunicating, until the Realbn fhould be firft verified : And in 
 the Bafilici we lee yet a particular Law ', inhibiting Bilhops from Excommunicating 
 without a juft Cauie, and when what is required by the Canons did not concur ; 
 whence it came topafs, that the Princes in their Kingdoms, which they eftablifli'd 
 in Europe after the Decay of the Koviau Empire, would maintain this Right, as the 
 Spaniards and French pradife, and as we likewife fee every Day in our Kingdom ; 
 of which we fhall have occafion elfewhere to dilcourfe at large. Neither were thofe 
 Laws in thefc Times thought to exceed the Imperial Authority, but were commonly 
 rcceiv'd by Jufiintan^ as well in the Eaft as the Weft, as Joannes Scholafticus Patri- 
 arch of Coiijlanrinoplc, S. Gregory the Great \ Hincmarus % and others teilify : And 
 if the Epitlle be not Apocryphal, which we read in our Code ', the fame Pope 
 "John II. commends him and is his Panegyrift, for the Care and Concern which he 
 Ihew'd for the Ecclefiaftical Dilcipline. 
 
 y UST IN his SuccelTbr follow'd his Footfteps, under wliofe Empire we now fee 
 thcfe our Provinces ; fb that hitherto the Ecclefiaftical Polity of them has not been 
 alter'd, but the fame retain'd both by the Goths and the Greeks^ which had been 
 obferv'd in the preceding Centuries under the Succeffors of Conjianttne down to 
 Valentmian III. Emperor of the Eaft. 
 
 ' Novel. 12;. t * Hincmar. Opufc cap. 17. 
 
 " Bafil. 1. 50. C. de Epifcopis Si Ckrlcis. I ' L- inter claras, C. de Summa Trinlr. & 
 
 ' Greg. lib. 2. epift. 54. 1 Fid. Cath. 
 
 SECT. III. 
 
 Of M N K S. 
 
 HOWEVER thefe our Provinces in this Century began to be fenfible of 
 fome Change with refpedt to Monachifm, which was now in its Perfection, 
 and eftablifh'd in them. Neither the Solttarii nor Canobitx were eftablifh'd in our 
 Parts, before the Reign of Vakiitinian^ as we have Ieen in the preceding Book ; 
 but no fooner was the Monaftick Order compleated in the Eaft, as well by the 
 Laws of the Emperors, as the various Afcetick Treatifes, than the Order of St. 
 Bafil became, above all the reft, lb famous and numerous, that in our two moft 
 Neighbouring Provinces to the Greeks^ to wit, Puglia and Calabria^ Liicania and 
 Briitit'.m, they began to found Monafteries of that Order in fome Cities of them, 
 which they call'd Bafiltans. 
 
 IN the two other, which, as they were more diftant from the Greeks, fo were nearer 
 to Ro?nc, to wit, Campanta and Samnnnn, Monachilln was eftablifli'd under many 
 Rules, but efpecially that of St. Benedtil, which Order was fo fuccefsful, that being 
 eftablifli'd in our Campania, it Ipread it felf in a fliort time, not only over all Italy^ 
 but likewife over France and England. 
 
 St. Benedt6l was born in Norcia, a City in the Diocefs of Spclettwi, about the 
 Year 480. He was fent to Rome when he was young to Study ', but being wearied 
 
 S. Greg in Vita S. Benedifl;. 
 
 of 
 i
 
 Book III. /^^ K I N G D o M 0/ N A P L E S. 175 
 
 of the World, he retir'd to Stibiaco Forty Miles diftant from Konie^ and (hut hiin- 
 lelf up in a Grotto, where he remain'd for the Space of three Years, without being 
 known to any body, except to Roviamts a Monk, who fiippHed him with Food from his 
 Neighbouring Monaftery. Being afterwards known, the Monks of a Monallerv in 
 the Neighbourhood, by the Death of their Superior, elected him for their Abbot ; 
 but their Ways not fuiting with thofe of Benedict, he retir'd again to his Solitude, 
 where being vifited by many People, he buit twelve Moiiafteries, of which 
 the Abbot of Knee gives us the Names, and the Places where they were 
 founded '. From thence, in the Year 529, he came to our Campania ', and fettled 
 himfelf on the Hill w hich takes its Name from CaJJinum, an ancient Roman Colony 
 fituatcd on the Side of it, about Fifty Miles diftant from Subiaco^ and Seventv 
 from Kmne. Hard by, he threw down a Relick of GeiitHifn, which had continued, 
 in that Corner in the Time of the Gotbs^ and in its Place eredled a Church, which 
 he dedicated to SS. Martin and Jo'jn. 1 he prodigious Things he did there and the 
 Sanftity of his Life, drew People to that Place, and many remain'd with him 
 under his Rules. He became much more famous, by the Opinion and Efteem 
 which Totila King of Italy, and a great many noble Romans had of him : On which 
 Account, the Number of his Monks encreas'd, and Perfonages of the greateft 
 Note enroll'd themielves there i whence he extended his Rule, and laid the Foun- 
 dation of a great Order. 
 
 THE Devotion of the People, and the Fame of his Sandity, drew likewife 
 the Piety of many Nobles to iiirich him with Lands and Goods. T'ertulliis a Roman 
 Patrician, while St. Benediti was ftill alive, gave him all that Traft of Land which 
 lies round the Monaftery ' ; whence Zachanas in his Diploma, laid, that this Mo- 
 naftery was built //; foio 'J'ertv.Ut * : He likewile gave him many other Pofleirions 
 which he had in Sicih ; and Qordonius, Father of St. Gregory the Great, gave him 
 a Village which he polfeifed in the Neighbourhood oi ^qinnurn. Thus, by dec^rees 
 Benedi^ being ftill alive, this Monaftery began to grow very numerous and famous 
 for the Quality of its Monks, and rich by the many Donations which were daily 
 made. Its Fame could not be confin'd to Campania only ; Monks of known Probity 
 and Learning wxre fent to found other Monafteries in the other Provinces. Cajfic- 
 dore, one of the raoft famo'Js Men of this Age, when he was Seventy Years old, 
 retired from the Court and turn'd Monk ; and being entic'd by the Fame of St. 
 BenediSi, who was yet alive, he would build a Monaftery in Brutium, particularly 
 in Squillace the Place of his Birth, and according to P. Garetius ' and Du Pin * 
 he put it under the Rule of St. Benedict, under which he liv'd ; and afterwards 
 govern'd it himiell^ and fpent the remaining Twenty-five Years of his Life there : 
 He died very old, at the Age of more than Ninety-five Years, about the Year 
 565 of our Salvation, whence Bacon of Verulani makes him about an Hundred '. 
 
 T H I S is the Vivariefian or Cafiellefian Monaftery of which P. Garetius a 
 Benedi^tne Monk of the Congregation of St. Maiir, treats at large ^ ; founded 
 by CaJJi'idore its Abbot, not far from Squillace, at the Foot of the Mountain 
 commonly call'd Mofcio or Caficllefe, from a Village of that Name in the 
 Neighbourhood, the Foot of which is wafh'd by the River Pelcna now call'd 
 Squillace. It was named Vivariefis, becaufe Caffiodore, while he enjoy'd the hi^heft 
 Honours at the Courc of the GothiJ]} Kings, ufed to go often for his Recreation to 
 Squillace, the Place of his Nativity, and on account of the Conveniency, and the 
 Abundance of the Water of that River which wafh'd the Foot of the Hill iie 
 caus'd many Ponds to be made ». Having afterwards, by reafon of the declining 
 State of the Goths, abandon 'd the Court, and become Monk, he retir'd to this Place 
 where he had made his Ponds, and where likewife his Eftate was, and built this 
 Monaftery, where he compos'd the greateft Part of his Works, and in which he 
 had for a Companion Dionyfius Exiguus '". He enrich'd it with his Eftate and a 
 Library, and made it famous and numerous in Monks ; caufing many Cells to be 
 
 ' Ab. de Nucc in Not. ad Vic. S. Bened. 
 
 * V. Camil. Peregrin, in lerle Ab. Caf. ii 
 priiK. 
 
 ' Leo 00. iq Chron. lib. r . c. i . 
 
 * Ab. deNac.adChr. CafT. lococir. 
 
 5 P. Caret, in Differ, de VitaMonaft. CalT. 
 < Du Pin, 
 
 ' Bacon. Hift. V'its & Mortis, pag. 5'54. 
 
 * P. Garer. in Vita Caffiod. par. 2. 5. 6, 7, 
 8, 9, ic, ir, 12. 
 
 ' Caff, lib 12. var. ep if. 
 
 '" Can. lib. Divin. Lift. cap. 20. S. Greg, 
 ad To. Epifc. Scyllaceum, ep.' jj. lib. 7. 
 Reglft. India II. 
 
 built
 
 176 
 
 The Civil History of 
 
 Book HI. 
 
 built oil tlie Top of the Hill, for thofe who were willing to lenve the Monaftick 
 Life aiiJ become Hermits, and from Cxmbitx, to become Aiicboritx and SoUtarii '. 
 Before he died, he left Calcedonrjs and Gerontius Abbots, the one to govem 
 the Hermits, who were retir'd to the Top of the Hill Cajiellefe, the other the 
 Ca-nobitx of the Vi-var!e(laii Monaftery. P. Garettus "■ alio relates, tliat after he 
 died, the BenediLitue Monks kept it many Years ; but afterwards the BafiHans in- 
 truded themfelves into their Place, who poffeffed it a long time, until it was in- 
 tirely dcftro\'d and ruin'd by the iubfequent Irruptions of the Suracens. Thus not 
 only in the neighbouring Sjimiiuni and in Paglia, were Monafteries of this Order 
 begun to be built in thdc Days, but likewife in the Provinces more remote and 
 
 diftant. _, - _ , r 
 
 St. BENEDICT' in the laft Year of his Life, lent Phcichis hisDifcipIe to 
 found Monafteries of his Order in Stctly, where, by the Donations of Tertnllns, 
 and the De\otion of thefe People, it was propagated over the whole Ifland. At 
 the fame time he fent other MifTions into France, where St. Mauriis, Eiajfrs, and 
 their Companions made wonderful Progrefs. According to Leo of 0/?w, and others, 
 St. Bcuedifi died in the Year 543, or according to fome others, in the Year 547, 
 the precifc Day and Year in which he died not being in any of the Writers made 
 clear about which the Abbot of Knee 3 has toiled and fatigued himlclf fo much, 
 as if it was a very important Point of Hiftory ; but the Profperity of his Order 
 was rather oreater after his Death : Forafmuch as the Monafteries multiplied much 
 more and fpread themfelves not only in Italy, Sicily, and France, but likewife in 
 England, and other more remote Provinces of Europe. 
 
 THUS thefe our two Provinces of Campania and Samnitim had a much greater 
 Number of Monafteries of this Order, than the ether two, becaufe of their 
 oreater Diftance ; but on the contrary, thole founded under the Rule of St. Baftl 
 were more numerous in Ptiglia and Calabria. In Brutiiini and Lucauij, and the 
 [Maritime Cities of Campania, fuch as Naples, Gaeta, y4malphis, and fome others, 
 ■which for the moft part continued a long time under the Emperors of the Eafl:, as 
 being near to the Greeks, and with whom they had much more frequent Commerce, 
 thofe Inftitutions were embraced more readily, and the Rule of St. Bafil was fo 
 very famous and renown'd in the Eaft, that all, or the moft Part of the Mona- 
 fteries which were founded there, were eftablifti'd under that Order. In Naples, 
 St. yknelliis was the firft, for what wc know, who eftablifh'd a Monaftery there, 
 firft begun by St.Gaudiofiis, who was Abbot of it. Some believ'd * that St. Agnellns 
 follow'd the Rule of St. BenedtB , but P. Caracciolus ' proves very clearly, that he 
 was a Bafihan Monk, who, finding that St. Gatidioftis, when he retir'd to Naples, 
 where he died in the Year 453, before St. Benedil} was born, had ercAcd a Mona- 
 ftery there, eftablifh'd the Rule of St. Bafil ; an Order which in thofe Timc<; was 
 become very famous and renown'd. Neither was it f iibjed to the Rule of St. 
 BeuediSf till after the Year 590, when Jgnelltis was dead ; then the Benedtflines 
 besan to be in greater Efteem, and made themfelves more renown'd. A long 
 time after in an Age lefs diftant from us, about the Year 151 7, it was poflels'd by 
 the Canons Regular of the Congregation of our Saviour ^, who remain in it to 
 this Day. And fo in the Sixth Century, as alio in the following, many of thefe 
 Monafteries were fcen in Naples under the Rule of St. Bafil ; fuch as 
 the Monaftery of Gazares on the Sea-fhore ; of SS. Ntcander and Martian ; of 
 St. Sebaftian, of SS. Bafil and Anajiafuis in the Ward of Amelia ; of St. Demetriiit 
 in the Ward o? Albina ; of St. Spirito, or Spirido ; of St. Gregory Armenus in the 
 Ward of Nnftriana ; of St. Mary of Agno ; of St. Samona ; of SS. ^.iricus and 
 Jtilitta, and others, both in Naples and elfewhere \ 
 
 THUS were Monafteries introduc'd into thefe our Provinces. The firft that 
 appear'd were under the Rules of St. Bafil and St. Benedifl, whence it was ( the 
 Societies of Women being already begun, who made a Vow of Virginit)-, and after 
 a certain time receiv'd "the Veil with Solemnity) that there were likewife fcen 
 Monafteries of Women under the Rule of St. Benedi^, who had for their Head 
 
 " CilT. lib. Divln. Left. cap. y.. 
 ^ Caret, loc. cit. k- '2. 
 5 Ab. dc Nucc pag. qz. 
 ■♦ Bzov in Hift Trithcm. 
 
 ' Carac. Monum. Sacr. Neap, de S. AgncHo 
 Abbatc. Uglicl. dc Epilcop. Neap. toiu. 6. 
 pag. 7r- 
 
 * Ugli. loc. cit. pag. 80. 
 
 ' p. Carac. loc. cit. Ughcl. Ice. cir. 
 
 Scbolafiica
 
 Book in. 
 
 the Kingdom of N A P L E S. 
 
 177 
 
 Scolaftica his Sifter ; and alfo under that of Bafil^ which are the moft ancient that 
 are found in thefe our Provinces. Thus was the Monaftick Order eftablifti'd witli 
 us, which however had not made that wonderful Progrefs which it did afterwards. 
 Neither had the Abbots and Monks as yet been witlidrawn from the lurifdidtion of 
 the Bifhops, nor had the Popes granted them fo many Privileges, which they after- 
 wards did, in order to have them at their Devotion, and to be tlicir V'adiiis. Ne- 
 verthelels Monte Cafiuo became one of the two moft famous Sandluaries, which our 
 Provinces had in this Age, whither Pilgrims flock'd from all Parts of the World. 
 At the fame time another was fpruns; up in Puglia in Monte Gargano, on Account 
 of St. Michael's having appear 'd, as 'tis faid, in that Grotto in the Time of Pope 
 Gelafitts, while Laiirentitis was Bifhop of Sipontv.m. Sanduaries, which in the 
 Reign of the Longobards and ]S!crnians, became fo confpicuous and renown'd, that 
 by their wonderful Fame they drew to them not only Pilgrims from the remoteft 
 Parts of the World, but likewile the greatcft Kings and Monarchs of Europe, and 
 the moft mighty Princes of the Earth. 
 
 SECT. V. 
 
 Ecclcfiaftical Statutes ami nezo Collections* 
 
 TH E Ecclefiaftical Statutes in thefe Times, as well concerning Dodrine as 
 Difcipline, were very ample and numerous. As there were many Occafions 
 for calling many Synods and Councils, ib confequently very many Canons were 
 eftablifh'd. They began likewife to eftablifh fome of thofe which belong'd to the 
 Authority of Princes. The Degrees of Kindred, which were formerly regulated 
 according to the Civil Law, were now regulated by the Canons ^ and the Prohi- 
 bition of Marriage was extended to Covifins, and the Children of Coufins. ^/jeo- 
 dofitis the Great had formerly forbidden Marriage betwixt Coufins, which Arcadhis 
 and Honoritis his Sons confirmed, as St. Ambrofe declares ' : 'Jiiftinian afterwards 
 allow'd it '■ ; whence ^ribonianus being to infert this Law of I'beodofw.s * in his 
 Code, mangled it indifcreetly, that it might not ciafh with what Jujlintan had 
 alter'd in it *. The Canons now forbid it, not only betwixt Coufins, as Theodofius 
 had done, but likewife betwixt their Children ; and introduced a new Method of 
 reckoning the Degrees, which Cujachis ' thinks not to be older than St. Gregory 
 the Great and Pope Zachary. There were as yet no Regulations made about the 
 Goods of the Church, but they being at this Time increas'd, and fquander'd away 
 by the Ecclefiafticks, they began to make Canons to prevent the Wafting and 
 Alienation of them. It belong'd to the Prince to forbid fefvile Works on the 
 Lord's-day, and the Emperors pradlis'd it, as may be feen by the Laws of Leo and 
 Anteriiiiis * ; but now we fee Canons made likewife concerning that. It belong'd to 
 the Emperors to declare Churches to be Sandtuaries ', concerning which we read 
 piany Conftitutions in the ^heodofian Code ; but now this Right is alfb determin'd 
 by the Canons. There were moreover many Conftitutions made concerning Ufury 
 and Divorces, and other Matters, the Care and Regulating of which belong'd to, 
 and was in the Power of the Princes : Whence it is, that their Number has grown 
 immenfc , which occafion'd other Codes, and new Compilations. 
 
 W E have feen in the foregoing Book, that before the Reign of Valentinian III. 
 neither the Weftern nor the Eaftern Churches knew any other Statutes, but thofe 
 which were collefted in the Code of the Canons of the Univerfal Church, compiled 
 by Stephen Bifhop of Ephefus. But afterwards, in the firft Year of the Empire 
 of Jiiftinian 527, the Collefiion of Dionyfius Exigims appear'd. This was a 
 Scythian Monjc who lived in Rome, and was the firft that introduc'd the Cuftom 
 
 ' S Ambr. ep. 66. ad Paternum. 
 * §. duorumlnftit. dc Nuptiis. 
 ' L. fi quis, c. f. C.delnceft. Nupt. 
 '* L. in t.ckbrandis C. de Nuptiis. 
 
 ' Cujac. tic. Decretal, de Conftng. & Affin< 
 * L. ulc. C. lie Fcriis. 
 
 ' V. P. Sarp. dcjur. Afylor. 
 Bbb 
 
 ^
 
 1^8 The Civil History of Book III. 
 
 of numbering the Years from the Birth of Chrift ouf Lord, as we continue to 
 do ' ; for formerly they computed, either after the ancient manner of Rome by the 
 Conluls ; or from the firft Lflabliflimcnt of the Greek Princes, Succeflbrs of 
 :/llexander ; or from the Times of the Martyrs, who fuffered Martyrdom under 
 Dtoclefian ; and in Spahi^ from the ^ra of the Emperor At4guftus, which was 
 Thirty-eight Years before the Birth of Chrift. He was in great Efteem with 
 CaJ/iodore, who courted him, for inftruding his Monks of the Vtvariefian Monaftery 
 in Learning, and particularly Philofophy ^ : He read Logick there with diffiodore, 
 and remained many Years his Companion in that Magiftery. The Encomiums which 
 Cajfiodore gave him are to be read in his Works '. He inrich'd the Latin Church 
 with many faithful Tranflations of the Works of the Greeks ; and at the Requeft: 
 of Stephen Bifliop of Salona * in Dalmatia, he tranflated the Colledion of the 
 Greek Canons very faithfully into Latiti.^ which was more than could be faid of the 
 ancient Latin Trahflation made ufe of in the Weft : To this he added all that 
 was in the Greek Code, to wit. Fifty Apoftolical Canons, thofe of the Council of 
 Chalcedon, Sardtca, Carthage^ and other African Councils. 
 
 H E likewife added the Decretal Epiftles of Pope Syricins, who died in the 
 Year 398, (an Argument, that the Epiftles formerly related of Syricnis are Apo- 
 cryphal ). Thofe are called Decretal Letters, which the Popes wrote upon their 
 being confulted by the Bifhops for deciding Points of Difcipline, and which were 
 put amongft the Canons. So the Greeks put the three Letters of St. Bafil to 
 Amphilochus, and fbme others of the moft famous Biftiops of the greater Sees ', 
 amongft the Canons. To thcfe afterwards, after the Death of Dionyjins^ were 
 added the Decrees of Gregory II. contain'd in Seventeen Chapters, as has been 
 obferv'd by Peter de Marca Archbiftiop of Paris " : What is furprizing is, that 
 tho' the Greek Code, which Dicnyjttis made uft of, ends with the firft Ccnftautino- 
 politan Council, to which he annex'd the Canons of the Council of Cbalcedou, (as 
 Dionyfius himfelf affirms in the Preface to Stephen Bifhop of Salona") as he did the 
 African Canons, and thofe of Sardica ; yet, tho' his Subject feem'd to require it, 
 he makes not the leaft mention of the Ephefian Council, or of its Canons made 
 in the Year 431, tho' theft Canons are in the Greek Code publifh'd by Juftelkis in 
 the Year 161 o ; ib that their Opinion is conflited, who believ'd, th^tjufiinian in his 
 T3ift Novella made in the Year 541, did confirm and give the Force of Laws to 
 the Code of the Canons compil'd by Dionyfius ; for jiiftinian in that A'oTe//^ ■ like- 
 wife confirms the Canons made in the Ephefian Council, where he fays ; Sanciimis 
 •vicem legiim obtinere San6ias Ecclefiajticas Regulas, &c. in Epbefina prima, in qua 
 Nefioriiis efi damnattis, ^c. Doviat ' therefore lays, That Dionyfius makes no 
 mention of it, becaufe that Council made no Canons concerning Difcipline, but 
 only concerning the Execution of the Condemnation of Nefiorius, and his Ad- 
 herents. 
 
 THIS Colleftion of Dionyfius had all Authority and Force in the W^eft and in 
 thde our Provinces * ^ and by Pope Nicholas I. » it is call'd, by way of Pre- 
 eminency. Codex Canonum, and by the Canon Law Corpus Canonum '° : And in fub- 
 fequent Times it had fb much Force, that in the Year 787, it being fent in aPrefent 
 by Adrian I. to Charles the Great ", this Prince order'd the Bifhops of France to 
 take care to fee the Canons contain'd in it obferv'd ; and caus'd thefe Decrees to be 
 inferted in his Capitularia o( Aix la Chapelle, which he order'd to be compos'd 
 in the Year 789, as Juficllus fays "•. 
 
 ABOUT the fame time, in the Year 547, Ftdgentius Ferrandus Dean of G?r- 
 thage made another Collcdtion of Canons '3, but after a different manner, rather 
 quoting than relating them, and under each Head he recapitulates the Canons of 
 different Councils, of which Gratian in his Decree makes mention "*. 
 
 ' Doviat. Hlft. du Droit Can. par. i. c. 17. 
 
 * p. Caret, in Vita Caf. par. z. §.20 8c 21. 
 ' Caff. lib. Divin. Left. cap. 22. 
 
 ♦ Caff. loc. cir. Doviat. Hift. Droit Can. 
 par. I. cap. 17. 
 
 ' Fleury in Juft. Jur. Can. in Princ. 
 
 " p. de Marca de Concord, lib. :}. cap j. 
 
 "> Dov- loc. cit. n. 2. & par. i. c. 7. n. 4. 
 
 « Caff. lib. Div. Left. cap. 21. 
 
 9 Can. I. digeft. 19. 
 
 '° In infcript. cap. :;. dePrxbend. 
 
 " Sirmond. torn. 2. Cone. Gall, ad An. 787^ 
 
 "■ V.Juftel. in Prif. ad Cod. Ecclei: Univ. 
 
 '' Doviat. Hift. Droit Can. par. i. cap. 22- 
 
 ]^ Grat. Can. Sacrorum^4. dift. 6j. 
 
 CAR-
 
 Book III the Ki KG bo M of N A P L E S. ly^ 
 
 CARDINAL B ARON lUS ' reckons, that about the fame time the 
 Colledions of Mart. hi of Brjga and of Crefconiits were made. Others believe ' 
 that that of Martin s was made about the Year 572, and that of Crc.'conitis's about 
 the Year 670. Martin, a Hiaigartan by Nation, and a lienedtfline Monk, was 
 Bifliop of Braga in Portugal. He made his Collection for the Ufe of the Churches 
 of Spain, by tranflating the Greek Synods, and adding other Canons of the Latin 
 Councils, and cfpecially thofe of the Council of Toledo ; therefore that CoUedlion 
 was not made ufe of but in Spain, excepting for Illuftration K 
 
 CKESCONIUS a Bifhop oi Africa compofcd his CoUedlion of Canons, of 
 wliich "we ha\e a Compendium ; the Title of which, according to a Manufcript 
 which Baromus relates, was this ; Concordia Canonum a Crefconio A^ricano Epifcopo 
 digcfta fub capitibus trecentis : And becaufe he likewife makes mention there of a 
 Poem in Hexameter Verfe, compofed by Crefconiiis himfelf for celebrating the 
 Wars, and the Vidlories gain'd by Joannes Patricius over the Saracens o£ y^rica, 
 Baromus concludes, that he liv'd about the Time of Jufiinian the Emperor. 
 
 JOANNES SCHO L ASriCUS, after Enticbiiis had been banifli'd, 
 was advanced to the Patriarchate of Conftantinople by the Emperor Jufimian "*, 
 and furviv'd him, and was the firft who made a CoUedlion in the Eall, wherein 
 he join'd the Canons with the Laws, eijaecially the Nonscllx of Jiifimian, which 
 kind of Book was afterwards, by the fubfequent Writers, call'd Nomocanon ; and 
 tho' this Collediion divided into fifty Titles, was of fbme ufe at firft, neverthelefs 
 Theodore Balfamon in his Supplement obfcrves, that in his time, to wit, about the 
 End of the twelfth Century, it was in no Eftecm, as having been eclips'd by the 
 Nomocanon of Pbotius, which was more ufeful, and more full '. 
 
 THESE were the Collections of Canons, which, after the Code of the 
 Canons of the Univerfal Church, appear'd in the fubfequent Times, down to the 
 Empire of Jufiin, SuccefTor of Jufiinian " ; they had not the Force of Laws, but 
 when it was given them by the Emperors and Princes. The Church had not as 
 yet acquir'd compleat Jurifdidlion, fb as to make her Statutes have the Authority 
 of Laws, and thereby oblige the Faithful to obferve them by Secular Force, or 
 to punifh the TranfgrefTors with Temporal Penalties ; their Souls were only bound 
 by the meer Dint of Religion, and the Pains and Punifhments only Spiritual by 
 Cenfures, Penitence, and Depofition. The Princes, by the Means of their Con- 
 ftitutions, gave them the Force of Laws, by obBging their Subjects to the Obier- 
 vance of them by Temporal Force, as the No'vellx of Jufiinian in the Eaft, the 
 .Colledion of Joannes Scholafticus, the Nomocanones of Pbotius, and Balfanio 
 teflify ; in France the Capititlaria of Charles the Great ; in Spain the Laws of thofe 
 Kings, by which, the Canons eftablifh'd in the Councils held in Toledo, or 
 elfewhere, f>ave them all Force and Authority ; and in Italy, the fo many Edidls 
 of Tbeodorick and Atbalarick, which we read in Cafifiodore. 
 
 ' Baron, ad Ann. 527. num. 76. 
 
 ~ Do viae. loc. cit. num. z & ;. 
 
 ' V. Ant. Auguftin. par. z. epitom. Juris 
 Pontific. cap. jy. & in Graf Dialog. 10, 11, 
 5c 12. 
 
 "* V. Nic. Aleman. ad Hlft. Arcan. Procop. 
 Juftel. loc. cit. 
 
 ' V. Franc. Florent. deOrig.Jur. Can. par.5. 
 §. 3. Juftel. loc. cit. P. de Marca de Cone, 
 lib. ;. cap. 3. §.3. 
 
 * V. Fleury in Inftir. Jur. Can. 
 
 SECT. VI. 
 
 Of ths Cdgmzmice of CAUSE S. 
 
 TH E Ecclefiaftical State, during the Dominion of the Goths in thefe our 
 Provinces, acquired no greater Power of Cognizance, or of trying of Caufes 
 in Judgment, than what it had in the preceding Centuries under the SiiccefTors of 
 Confiantine down to the Empire of Valentiman III. It was ftill confin'd to the 
 Cognizance of Matters of Faith and Religion, of which it judg'd in Form of 
 
 Polity ;
 
 t 80 The Civil History of Book III. 
 
 Polity ; td the Corredtioii of Manners, of which it cognofced by way of Cenfure ; 
 and to Differences that arofe amongft Chriftians, which it decided by way of Ar- 
 bitration and friendly Compofition : It had not as )'et acquir'd compleat Jurifdidion , 
 neither had it a Court of Juftice, nor Territory ; neither were its Judges become 
 JVIagiftrates. T'heodorick, and the other Kings his Succeflbrs, kept it within its 
 Bounds, nor did its Cognizance exceed the Limits of its Spiritual Power, except- 
 ing in thofc three Emergencies already related ; in all other Things, the Ecclefia- 
 fticks obferv'd the Civil Laws, and, as Members of the Ci\ il Society, obey'd the 
 Secular Magiftrate, as all others did, as well in Criminal as Civil Cales, by whom 
 they were judg'd and punifh'd. The Accufations were reported to the' Prince, 
 that he might either judge them, or appoint others to hear the Caufe, and they 
 were often banidi'd for their Faults, or depos'd Irom their Charges. We have 
 feen how the People of Rome carried the Accufations which they had invented 
 againft Symmachtis to Ravenna to King I'hcodorickj that he might take Cognizance 
 of them, demanding a Vifitor from him, which he gave them, in order to tr)- 
 him j the Bifhops of Italy did the fame againft Damafiis, having had their recourfe 
 unto the Emperors Gratian and Vakntmian, intreating them to judge that Pope 
 whom they had accus'd. 'Twas no ftrange thing in thefe Times, for Kings to 
 fend the Bifhops, as their Subjefts, and the Pope himfclf, to fundry Parts, as 
 Bufmcfs requir'd, and to call them at their Pleafure, and they were always ready 
 and moft obedient. Pope John I. was fent by King 1'heodorick to Coiifiantincple, 
 for obtaining from the Emperor Jiifiin 1. the Revocation of one of his Edidts, 
 whereby he had ordain'd. That the Churches of the Arians fliould be given to the 
 Catholicks : And this EmbafTy not having had that Succefs which I'heodorick ex- 
 pedled, he imputed it to the Want of Fidelity in Pope Jolm, and his lll-condud j 
 lb that as he was returning through Italy, he caus'd him to be arretted in RaTciwa, 
 where he died the 27th Day of March in the Year 526 : And Theodatus fent Pope 
 Agapitus to Cmfiantimple for treating with Jti^iman about tlie Peace which he {o 
 much long'd for. 
 
 KING A'tHALARICK ordain'd by his Edid drawn up by CaJJiodore \ 
 that thofe, who by Simony and Ambition had been eledled, fhould be accus'd 
 before his Judges, and leverely punifh'd, and appointed Rewards for the Accufers, 
 by giving them the third Part of what they fhould be condemned in, and the reft 
 to be employ 'd upon the Fabricks of the Churches, and the Maintenance of their 
 IMinifters. 
 
 A S for their Civil Caufes, the fame Jurifdidtion was continued to the Secular 
 Magiflrates as they had formerly i they behov'd to lay their Cafe before them, 
 propofe their Aftions, and, being fummoned, give Bail Judicio Sijii. Only King 
 y^thalarick favour'd the Church of Ranc in that, by approving of a Cuftom which 
 had been introduc'd among her Clergy, of her Priefts being firfl to be brought or 
 accus'd before their Bifhop. The Secular Magiflrates, which had been appointed 
 in Rome by that Prince for the Adminiflration of Juftice, and which was pradtifed 
 in all the other Provinces, forced a Deacon of that Church, at the Suit of his 
 Creditor, to fatisfy a Debt ^ and were fo hard upon him, that they deliver'd him 
 up to the Creditor himfelf to keep him in Cuftody. Another Prieft of that fame 
 Church being accufed on a flight Occafion, they us'd him very feverely, and 
 handled him very roughly. The Clergy of Rorrie, with mournful Lamentations 
 arid Prayers, had recourfe to Athalarick, fetting forth to him, that in their Church, 
 by a long Cuftom, to the end their Priefts by being involv'd in Law-Suits, and the 
 Affairs of the World, might not be diverted fi-om Di\'inc W^orfhip, it had been 
 ufual to cite them before their Bifhop ; notwithftanding which, one of their 
 Priefts and a Deacon had been roughly and reproachfully ufed ; therefore they 
 intreated the Clemency of that Prince to put a Stop to fuch Proceedings for the 
 future. The King, at their Entreaty, anfwer'd. That out of the Reverence and 
 Honour which was due to that Apoftolical See ^, from that time forward he or- 
 dain'd. That if any Perfon had occafion to fummon any Prieft of the Clergy of 
 Rome^ on whatfoever Account it might be, he was firft to have recourfe to the 
 Judgment of the Bifhop of that See, who, either himfelf was to enquire more Sux 
 
 ' Cair. lib. 9. cap. if» I ' CafT. lib. 8. cap. 24. Confidcrantes Apo- 
 
 A ( I ftolics fcdis Iionorcm. 
 
 San^itatis
 
 Book III. the Kingdom of NAP L E S. 18 1 
 
 Sanfiitatis into the Merits of the Caufe, or to delegate it, x^uitixlis Studio tenn,- 
 nandum; but if the Plaintiff or Accufcr, after uling that Helped, fliould find himfcif 
 amufed and delay 'd, tunc ad Sxculana for a jurgaturus occtirrat : If contrary to 
 this his Ordinance, he firft had recourle to the Secular Tribunals, he (hould be 
 oblig'd to pay a Fine of Ten Pounds of Gold, which was to be immtdiatelv 
 receiv'd by his Treafurers, and by the Hands of the Bifhop diflributcd amongft the 
 Poor, and befides to lofe his Cauie, and thus be doubly puiiifh'd. But at the lairie 
 time, Atbalarick did not negled: to admonifli ihem to live fuitably to their State, 
 telling them ; Magnum fceliis eft crimen admittere^ quos nee cotnerfaticnem decet 
 habere fxcularem; profejjio veftra vita cosleftis eft. Koine ad mortalima 'votahuruUit'., 
 & errores defcendere. Mtindam coarceantur bu7nano jure, vos fanihs mortbus 
 obedtte. 
 
 WE fee then that in thefe Times, in all the other Churches, the Secular Ma- 
 giftrates had the Cognisance and Jurifdidlionof the Caufcs of Lcclefiaflicks as well 
 Civil as Criminal, and that they werefubjed: to their Judgment and Fines ; and tho' 
 Atbalarick gave this indulgence to the Clergy of Konie only, out of refjaect to that 
 See, yet neverthelels he gave no manner of JurilHidion to the Bilhop or his 
 Delegates ; but only, that they were to determine them more ftix Sanilitatis, f>" 
 cequttatis Studio^ by way of Arbitration and charitable Compofition, not by way of 
 Judgment and litigious Juftice. 
 
 J USI'INIAN then was the firft who began to enlarge the Cognizance of 
 the Bifliops in Ecclefiaftical Caufes, and granted them the Privilege of not pleading 
 before Laick Judges. As this Prince was both Pious and Religious, fb he enlarg'd 
 the Cognizance of the Bifhops, ordaining, by his Novellx ', That in Civil Adions 
 the Monks and Clerks fhould be firft conven'd before the Bifhop who was to decide 
 their Differences immediately without Procefs, without any Noife, or judicial 
 Difpute ; upon condition however, that if one of the Parties fhould declare within ten 
 Days that he would not acquiefce to his Sentence, the ordinary Magiftrate fhould 
 take Cognizance of the Caufe, not by Way of Appeal, as fome have believ'd, and as 
 fuperior to the Bifhop in that, but begin anew • and if he gave the lame Judg- 
 ment with the Bifhop, there was no Appeal from him ; but if othervvife, there was 
 room for Appealing. And as for Criminal Caufes, it was allow'd to purfue the 
 Clergy either before the Bifhop or the ordinary Judge, except in Ecclefiaftical 
 Crimes, fuch as Hcrefy-, Simony, Difobedience to the Bifhop, and all other Things 
 concerning their Quality, the Cognizance of which belong'd to the Bifhop only ; 
 as did alfo the Differences concerning Religion and Ecclefiaftical Polity even againft 
 Laicks. Moreover he ordain'd. That if in Criminal Caufes any of the Clcrc^y 
 Ihould be condemn'd by the Laick Judge, his Sentence could not be put in Execution, 
 nor a Prieft degraded, without the Approbation of the Bifhop ; and if he refus'd. 
 Application was made to the Emperor. And as for the Bifhops, he granted them 
 this Privilege, of not being oblig'd to plead before the Laick Magiltrates, which 
 Privilege he likewife allow'd the Nuns by his No'vclla 79, which Interpreters have 
 wrongfully extended to the Monks. And that Regulation of Juftmian contained 
 in his 123d No-vellx is almoft intircly repeated in the Conftitutions of the 
 Emperor Conftantine III. Son of Heraclitis, and of Alexius Comnenus, related 
 by Balfamon in the Sixth Title of his Knrr.ccanon. Thus, by the Privilege of 
 the Prince, the Cognizance of the Bifhops began to be enlarg'd ; neverthelels, they 
 did not at this Time acquire compleat Juftice, which the Law calls Jurifdiclion, 
 over the Priefts, they not having in thofe Days Jus Terrcndi^ nor any cocrci^•e 
 Power i therefore they could not, by their own Authority, imprifbn Ecclefiaftical 
 Perfons, neither had they any Prifons : They could not inflid Corporal Punifh- 
 ments, Banifhment, and much lefs Mutilation of Akmbcrs or Death,' even for the 
 greateft Crimes ; nor condemn in Pecuniary Mulds. 
 
 THE Punifhments which they inflidcd wcreDepofitions, Sufpenfion of Orders 
 Faftings, and Penance ; which Form of Difciplinc continu'd tliroughout all the 
 Eighth Century ; which Gregory II. excellently well obferves in that fine Epiftlc 
 which he direded to Leo Ifauricus % wherein he fhews the great Difference there 
 was betwixt the Imperial Punifhmertts and thofe of the Church : The Emperors 
 
 Novel. 89 & 125. I » Greg. 11. eplff. i;. ad Leon. Ifaur. Richer. 
 
 ill Apol. Jo. Gml'oii. par. j. ax. 56 
 
 C c c condemn'd
 
 i82 The Civil History of Book 111. 
 
 condemn'd to Death, Imprifon'd, and Banifh'd the Guilty, and confin'd them to a 
 certain Place ; none of which the Popes could do : Sed ubi, as his Words are, pec-. 
 cant qiiis, & coufejfiis fucrit, fufpendii, vel ampntaticnis capitis loco^ Evangelium, 
 y Crucem ejus ccrvicibus circtimpoumit^ eumque tanqtiam in carcerem^ in Secretaria, 
 Sacrorumque 'vafcruvi ceraria conjiciunt, in Ecclefix Diacoma^ & in Catecumena obli- 
 gant, ac •vtfcet'ibus eorum jcjmiiiim, oculifque 'vigileas, & laudationem ori ejus ittdi- 
 cunt. Cunique probe cajiigarint^ probeque fame afflixerint, turn pretiofum illi Domini 
 Corpus impartiunt, 6^ Sanflo ilium fangutne potant : & cum ilium 'vas EleSiionis 
 rejiitucrint, ac immunem peccati, fie ad Deum, purum infontemque tranfniittunt. 
 Vides, Imperator, Ecckfiarum, Imperiorumque difcrimen^ ^c. 
 
 HOWEVER the Ecclefiafticks had begun in thefe Times, to ufurp the Power 
 of burning the Books of Hereticks, becaufe in the Year 443. St. Leo the Pope burnt 
 many Books of the Manichei in Rome, whereas at firft Cenfure belong'd only to 
 the Church, but Prohibition and Burning to the Prince ', concerning which we 
 fliall have occafion to dilcourfe more at large. 
 
 ' Feuret. lib. i. cap. z. numf7. 
 
 SECT. vir. 
 
 Of T'EM'POKALIT'IES. 
 
 TH E Cognizance of Caufes did not keep pace with the Increale of the Tem- 
 poralities in our Churches ; the laft out-ftripp'd the firft very much. The 
 Princes did not much mind the Acquifitions which were daily made ; they not only 
 neglefted to put a Stop to their exceffive Growth, as 7'heodofius the Great and his 
 Succedbrs did, but they even contributed to them by Donations and Privileges ' j 
 whereas formerly, Purchafes were made by the Churches only : but now that the 
 Monafteries began to be founded in thefe our Provinces, they had likewife their 
 Share, and the Monafteries of St. BenediSi^ from their firft Inftitution, gave many 
 good Prefages of their future Riches. 
 
 BESIDES new Sources were difeover'd, from whence fprung greater Riches. 
 In thefe Times Sanduaries had their Beginning ; and the Veneration for the Re- 
 lids of the Saints began to be much greater than it had formerly been. The 
 many Miracles which were publifh'd ; the Apparitions of Angels ; the particular 
 Devotions to Saints ; and the Exhortations of Monks, drew the People, out of 
 Devotion, to offer abundance of Riches to their Monafteries. The giving or 
 leaving by Will to the Churches, was, in thefe Times, look'd upon as a moft powerful 
 Means for obtaining the RemiHion of Sins. Salviauus ^, who flourifli'd in the 
 Reign of Anaftafius, exhorted many godly People to relieve their Souls, ultima 
 rernm fuarmn oblatione : Whence it is that we often read in the Donations made 
 to Churches this Claufe j Pro Kedemptione animarum, &c. 
 
 T I-LE R E was likewife a new Fund much more ftable than the former, from 
 which mey drew good Profits. Tythes, which in the three firft Centuries were free 
 and voluntary : In the fourth and fifth, by reafon of the Lukcwarmnefs of the 
 Faithful in giving them, were recommended by thePreachings and Exhortations of 
 the Priefts, to the end that they might not be left off: In this fixth Century they 
 became due and neceffary. Seeing at this time Preachings and Exhortations did not 
 avail, it was neceflary to have recourfe to more powerful and vigorous AfTiftance j 
 fo they began to think of eftablifhing them by the Way of Precepts and Canons. 
 I'hus by many Councils of the Weft, and many Decretals of the Popes, the Ufe 
 of paying them became a Law. By thefe and other Means, the Riches of the 
 Churches began to increafe and be very confiderablc, and thev were in PolTeflion 
 of particular Inheritances. The Church of Rome, above all the reft, became the 
 
 Caf. lib. 12. cap. 1;. •{Match, manud, ad Jus Can. lib. 2. tit. i 
 
 Salvian. lib z. & fcq. adyer. avaiic. Ant. ) 
 
 richeft, 
 I
 
 Book III. 
 
 the Kingdom 0/ N A P L E S. 
 
 183 
 
 richeft, and in fuch a degree, that Paulus IVaruefridus ' relates, when 'Trafimondus 
 King of the Vandals in Jfrica had banifh'd 220 Bifhops, Symmachus^ who was then 
 Bifhop of Kome, caus'd them all to be furnifli'd with every Thing neceflary for 
 their Suftenance. They not only contriv'd ways for acquiring of Riches, but like- 
 wife means by which to preferve them ^ for with Riches were join'd Loofenels of 
 Difcipline and Manners : The Ecclefiafticks appropriated them to themfelves as 
 their own Goods, whereas formerly they were look'd upon only as the Patrimony 
 of the Poor, confequently they were ill employ'd and worfe diftributed ; whence ic 
 was that many Councils (although before this Time there had not any Regulation 
 been made concerning this Matter) were mov'd to eftablifh a great many Canons 
 difcharging Alienations, regulating the Method of diftributing them, and efpecially 
 for taking care to prefer\'e and fecure them. However 'tis likewife true, that the 
 Princes notwithftanding that, did not fail to make Laws concerning the Goods of 
 the Church, by regulating the Acquifitions, and Ibmetimes alfo the Manner of 
 diftributing them, and by difcharging their being put to wrong Ules ; and Jtiftiiiian 
 affures us, that by his own Prerogative he eftablifh'd many Laws concerning them '. 
 
 THE Divifion of the Fruits of thefe Goods into four Parts ; one to the Ad- 
 miniftrator or Incumbent, the fecond to the Church, the third to the Poor, and 
 the fourth to the Clergy ; which is attributed to Pope Simplicius, who was chofen 
 in the Year 468, was not always fix'd, nor the fame over all the Provinces of the 
 Weft. In Frame, in the firft Council of Orleans ' aflembled in the Year 511, the 
 one half was affign'd to the Bilhop, and the other to the Clergy. In Spain, from 
 the firft Council of Braga * held in the Year 563, the Divifion of the Oblations 
 tvas referv'd for the Clergy all in common. But afterwards in the fourth Council 
 of 7'oledo conven'd under King Stfenandus in the Year 633, it was ordain'd, that 
 the Bifhops (hould have the third Part of the Rents \ Thus, as Gratiau * very 
 much to the purpofe obferves, according to the Diverfity of Places, and the Cuftoms 
 of Countries, in fome a third, and in others a fourth Part was referv'd for the 
 Bilhop i fuch Divifions were not always unalterable and perpetual. 
 
 HOW great foever the Increafe of the Temporalities of our Churches and 
 Monafterics were in this fixth Century, ncverthelcfs, in refpedl of the im- 
 menfe and exceffive Acquifitions, which were afterwards in the Times of the 
 Longcbards and Normans, it was tolerable ; no great Alteration happen'd to the 
 Civil State on account of it : We fhall fee it greater under the Longobards, of 
 whofe Kingdom we are now going to treat. 
 
 ' Fr. de Roye Inftit. Canon, lib. 2. de declm. 
 
 * P. de Marca de Concor. Sacr. & Imp. Jib. 2. 
 cap. 1 1, num. ;. 
 
 * Ibid, cap. 16. 
 
 * Ibid. cap. 21; 
 
 ' Can. Conftitutum 62 
 
 cauf. 16. qu. I. 
 
 Grac. port Can- pollefliones ead. cauf. & qu. 
 
 THE
 
 C <85] 
 
 THE 
 
 CIVIL HISTORY 
 
 Of the K I N G D O M of 
 
 NAPLES. 
 
 BOOK IV. 
 
 H E LoNgolards acknowledge their Origin from none otlier 
 but the Gotbs^ and the Pciiiiifu/a of Scaiidi)uvia was the 
 common Mother of both: A Country, which by Jor- 
 nandes was rightly call'd Virgina gciitiuni, and which juftly 
 may boaft of having produc'd all thofe Princes, who for a 
 long time were Lords and Mafters of Spam, of a good part 
 of the GalUce^ and efpecially of Italy, which, tho' re- 
 cover'd from the Goths, yet fbon fell under the Dominion 
 of the Longohards ; and thefe having afterwards fail'd, 
 under that of the Normans, who likewile boaft of the fame 
 Origin '. The Gcpidx dcfccniled of the Stock of the 
 Goths, and who came out of the (ame Peniufnla, together with the Goths, ftopp'd 
 at the Viftula ' : From thence, after having overcome the Burguudians, they 
 ad\ anc'd, as Procopiiis relates, to both the Banks of tlie Danube ; from whence, a* 
 Voptfcus writes, they infefted the Koiuaiis by the many Incurfions and Robberies 
 ■which they committed in that Country. Laftly, while the Rmpcror Martian reign'd 
 in the Eaft, having driven the Ilms out oi Pauncnia, they fix'd their Rclidcnce 
 
 ' Jornandes Hid. Got- 
 
 D 
 
 * Grot, in Prolog, ad Hift. 
 d d 
 
 Got 
 
 there.
 
 1 86 The Civil History of Book IV. 
 
 there. Moreover, grave Writers affirm it for certain, that the Gepidte having fallen 
 out amongft themlelvcs, the Longobards fprung from this Divifion ; whence Sclvia- 
 fiiis ' declares, that he had read in fome ancient Greek Books, not as yet printed, 
 that the Gejndx were call'd Longpbards : Gepidx qui dicuutur Lon^ohardi ; and Con- 
 fiantiuus Porphyrogenitus, Emperor oi Coiifimitinople, from theHiftory oiTbecphanes 
 (who is honoured by the Greeks as a Saint) likewife writes that the Langubards 
 Iprung from the Divifion of the Gepida \ 
 
 PROSPER A^UII'AlSilUS Bifhop of JR.^fg/««/, who wrote before Paul 
 n'aruefride Deacon ot Aquilcja, is the firft that mentions the Lotigobards, whom he 
 brings from Scandnm'Via to the Banks of the Ocean, in queft of new Habitations, 
 firft under Jbo and Jjo their Captains, they overcame the Vandals^ and were call'd 
 H'ii'il!^ that is to fay, Wanderers, becaufe at this Time they had no fix'd Refidence j 
 but afterwards having eleded Agihhondns for their King, and over-run diverfe 
 Countries, at laft they fettled themfelves in Pannonia. After Agilmondiis they had 
 for their Kings fuccefllvely, Lamifcusj Leta, Ildeock^ Gudeock, Clafftis^ Tatus ', 
 and after thefe IValtau ; of which Prince none other make mention, as having 
 reign'd but a fhort time, and in continual V» ars. Afterwards IVacus and Audomns 
 fucceeded, and laftly Albuinv.s; who having made a fettled and ftridl Peace and 
 Priendfhip with Narfes, was refcrv'd for the future Conqueft oi Italy. 
 
 H O W this People took the Name of Lougobards^ we need no other Voucher 
 than Paul ll'arnefrlde ■*, who writes, that thefe IVinili were call'd Lougobards from 
 the Length of their Beards, which they kept very carefully from being touch'd with 
 Iron ; becaule in their Language, Lang fignifies Loug^ and Baert^ Beard : In 
 which Confiantinus Pcrphyrogenitus ', Otho Frifingenfts *, Gimteriis ', and Grotius 
 agree. 
 
 I KNOW that fome modern Writers, not contented with what {b ancient and 
 grave Authors have reported, have gone to other Countries to find out the Origin of 
 this People, and have derived the Name o{ Lougobards, not from the Length of 
 their Beards, but as the Abbot de Nttce ' believ'd, from that of their Halbards, and 
 others from lomething elfe. 
 
 SOME have deny'd that they came out of Scandiuavia, but from the inner 
 Parts oi Germany ; they fay, that long before the Time mention 'd of their coming 
 out of that Peninfula, Strabo, ^acittis, Ptolemetis, and Paterculus ', make mention 
 of the Longobards, as a People who liv'd in the Heart of Germany ; therefore their 
 Name being more ancient, we muft not take it from their Beards, as Paul IVarnefride 
 has afferted, but It muft be deriv'd from fomething elfe. The Difficulty was eafily 
 folv'd by the incomparable Hugo Grotius '"; for this Name fignifies nothing elfe but 
 IVIen with long Beards, as all the Germans^ and IVarnefride himfelf acknowledge : 
 Now Names of this Kind which are deriv'd from different Habits and Afpedts, 
 arife and fpread themfelves, fometimes among one People, fometimes among another, 
 in different Places, and likewife in moft diftant Times, according as the Novelty and 
 Odncfs appear. Among the Germans, as Tacitus relates, it was a moft common Cuftom 
 to let their Hair and Beards grow, and they never ufed to cut their Hair, but when 
 they had overcome their Enemies ; but when it happen'd, that a great Knot of 
 Men appear'd in another Country, with a very new and ftrange Afpedt, certainly 
 the People of that Country gave them their Name from that new and ftrange Afpeft 
 which had aftonifti'd them ^ therefore 'tis no wonder, if that Novelty, fometimes in 
 one Place, fometimes in another, was the Occafion of new Names: Whence had 
 Domitius Enobarbus, Fredertciis Barbaroffa, and fome other famous Pyrates of that 
 Name their Denominations? The Name was common to them only, from the 
 Similitude of their Afpeds. 'Tis reafonable then, that in fuch Matters we fhould 
 give Credit to ancient Writers, and efpecially to Paul IVarnefride in what concerns 
 the Longobards, who though he was born in Italy, yia^s originally a Longobard, and 
 
 ' Salmaf. apuJ Grot. loc. cit. 
 
 ^ Conftant. Porphyr. dc Admin. Imperiocap. 
 2 5". ex Hiftoria S. Theophan. Et Gepides qui- 
 deni, ex quibus poftea Longobardi, atquc Ava- 
 res per SucccfTnnem oriundi funt. 
 
 ' Gror. in Proleg. ad Hid. Got. 
 
 * Paul Warn. lib. i. c«p. 9. 
 
 ' Conft. Porph. dc Them. XI. Longobardi 
 a promina barba incolarum difta eft. 
 
 ^ Otho Frifing. lib 2. c. i J. dcgeft. Frid. Imp. 
 
 ' Gunther. lib. 2. Grot. loc. cit. 
 
 * Ab. de Nuce innotis ad Chronicon. Leon. 
 Oftiens, pag 9$-. 
 
 "" Tacir. 1. 2. Annal. Vel. Parerc. 1 2. Hift. 
 
 '? Grot, in Proleg. ad Hift. Got. p 23. 
 
 he
 
 Book IV. //;^ K I N G D o M 0/ ^ A P L E S. 187 
 
 he is the only and proper Writer of their Adions. Wherein this Writer fails we 
 may have recourfe to Enhempcttii, and after him to other contemporary Writers 
 of which there arc many ' ; Co that Grotius adviles us to believe the Ancients when 
 thcfe new Writers produce nothing that's more credible or certain ; and to hold with 
 the firft, that the Vandals, the Ofirogoths and IVeftrogotbs, the Gepidce and Lcngns^ 
 hards, all of them owe their Origin to Sccudiuavia. 
 
 BUT be that as it will, 'tis manifell to every Body, that the Lcngohards after 
 having roam'd about in many Countries of Euroijc, at laft fix'd themfelves in Fan" 
 vonia, in which Pro\'ince they rul'd Forty-two Years, and they reckon from yf^/7- 
 moldus to Albohws, ten Kings under whom they liv'd. In the Reign oi AWonnis 
 Narfes having been fent into Italy by Jufimian, in order to drive out the Qoths 
 v.ho under TrAila had regained that Province, and being long before in Confederacy 
 with the Longohards, fent Ambafladors to Alhoinns to demand Afliftance aaainft the 
 Golhs. 'Twas then that Albohius fent a choice Band of Warriors, who afliftcd the 
 Remans againft the Goths \ They went into Italy by the Gulf of the Adriatic/:. Sea • 
 and it was the firft Time that this People had feen this beautiful Country, and in 
 one Day they landed in thefe our Provinces, to wit, at Samnhm, as we fliall relate. 
 In the mean time, ha^'ing join'd the Romans, they engag'd with the Gcths, and* 
 having fuccefsfuly beaten them in that Battle wherein 'T'otila was kill'd, loaded with 
 many Prefents, and Vidtorious, they return'd to their own Habitations , and all the 
 Time that the Loiigobards poffelfcd Pamwnia, they aflifted the Koimns againft their 
 Enemies, and Narfes maintained and kept up a ftrid: and faithful Friendfhip with 
 Alhoinus ; whence 'twas no difficult Matter to allure him (in order to revenc^e him- 
 felf of the Affront done him by Sophia Wife of the Emperor JuJlinJ to come to the 
 Conqueft of Italy ; befides he well knew the Riches of this Province, and the many 
 other Advantages which it yielded. In the mean time this Prince refolv'd, at the 
 Invitation o£ Narfes, to go in Perfon at the Head of his Army, and having like- 
 wife follicited the Afliftance of the Saxons for this Undertaking, he kft Pannmsa to 
 the Huns (froni whom this Province afterwards took the Name of Hungary J on 
 Condition, that if byfome crofs Accident, the Undertaking which he was going 
 about (hould not fucceed, and that he ftiould be oblig'd to return, they were to 
 reftore him what he left them : He began his march with his Lcngohards and their 
 Families, the Saxons and other People, and in the Month of April in the Year 568 
 while Jtijiin the Emperor reign'd in the Eaft, they entered Italy K At this Time 
 this Province was Co deftitute of all Afliftance, and divided into fb many Parties by 
 the new Form which Longintis the Exarch of Ravenna had given it j that Alboinus 
 was enabled at once to poffefs himfelf of Aquileja, and many of the Towns of the 
 Venetian Province i and this fame Year 568, he likewile took Fr/«// the chief City 
 of this Province, where he remain'd during the Winter, and having reduc'd it to the 
 Form of a Dukedom, he created Gifnlpbus his Nephew, Duke of it. Such was the 
 Origin of the Title of the Dttcatus Forojulienfis, which was the firft that was made 
 by the Longobards in the Province of Venice. 
 
 ALBOINUS having taken this Province from the Greeks, the next Year 569 
 he took Poflefl!ion of I'ri'vigi and Oderzo ; from thence, leaving Padua behind him' 
 he took Monte Selice, Mantua, and Cremona ; he furpriz'd Vicenza, Verona, and 
 ^rent, and other Towns of that Province ^ and as thefe Cities fell under his Power, 
 befides leaving a ftrong Garrifon of Longobards in them, he created a Duke to 
 govern each of them. Thefe Dukes at their Beginning, after the Manner of the 
 Dukes of France, which Paiilus Ennlms" delcribes to us, were nothing but fimple 
 Officers or Governors of Cities, and their Duration depended on the Pleafure of the 
 Prince who created them. 
 
 ' Thefe are the Auonymus Salernitanus, and 
 other Colleftlons by Camillus Pellcgrlnus, in 
 Hift. Princ Longob. 
 
 * Paul Warncfr. lib. 2. cap. i . 
 
 ' Hiftoriola ignoti Monaci CalTinen. apud 
 Camil. Pel. Hlftoria Princ. Longob. Paul Warn. 
 lib. I. cap. 12. Certum eft autem, tunc Alboin. 
 
 multos fecum ex diverfis, quas vel alii Reges, 
 vel iple csperat gentibus ad_ Italiam adduxilfel 
 undo ufquc hodie corum, in quibus habitant 
 vicos Gepidos, Bulgaros, Sarmaras, Pannonios, 
 Suevos, Noricos, live aliis hujufmodi iiomini- 
 bus appellamus. 
 
 * Paul. yEmiI.de reb. Francorum. 
 
 CHAP.
 
 i88 
 
 7he Civil H i s t o r. v of 
 
 Book IV. 
 
 CHAP. I. 
 
 Of Alboinus I. King of Italy, mvho Jixd h'ts Royal Seat in Pavia ; 
 and of the other Kings his Sticcejfors. 
 
 [LBOINWS was no lefs fuccefsful in his Conquefts the following Year 
 570. in Liguria, having pals'd the River Addc^f he immediately took 
 Brefcia, Bergamo^ Lodi, Como, and all the other C allies of i/^/.T/'if, 
 as far as the y///>j ; from thence he prepared to take Milan the Head 
 City of the Province, which after a fhort Siege furrender'd to his 
 Arms. As loon as he had fubjedted this City to his Dominion, the 
 Longohards proclaim'd him King oi Italy, and with joyful Acclamations faluted him 
 as fuch, by giving him a Launce, which at this Time was theEnfign of Royalty. The 
 Rites and Ceremonies which were pradtis'd by this Nation in creating their Kings, were 
 only the raifmg up the Elected upon a Shield in the Midft of the Army ', and with 
 Acclamations, proclaiming and fainting him King, by giving him a I>aunce in his 
 Hand, as a Token of the Royal Dignity. This was the Beginning of the Kingdom 
 of the Loiigohards in Italy, under Alboinus I. King of Italy ^ but if we alfo reckon 
 Waltaii, who reign'd but a fhort time, and whole Empire was much contraverted, 
 among the Series of their Princes who reign'd in Pannoiiia, there were Eleven Kings of 
 the Longolards. As 'tis of no Service to us to keep account of the Kings of Pan- 
 mnia, we fhall reckon Alboinus the firft King o( Italy in this Hiftory, and according 
 to this Order we (hall name his other Succeflbrs ^ and from the Month of Janttary of 
 this Year 5'7o, we fhall reckon the Beginning of his Reign, and of the Longobards 
 in Italy, not from their coming in the Year 568, as others have done. The Abbot 
 Bachini in his Diflertations upon the Pontifical Book of Agncllus Ka'vennatey 
 obferves, that in order to fhun all Confufion, there ought to be two Epochas 
 fettled ; the one taken from the Entry of the Longobards into Italy, in the Year 56S. 
 on the fecond Day of April j the other from the Beginning of the Reign of Alboinus 
 in Italy, which anlwers to the 29th of Deceviibcr in the Year 568: By thefe two 
 Epochas, he fhcws us how Baronius was miftaken, who makes Alboinus die in the 
 Year 571, after having reign'd three Years and a half according to Pauliis Diaconus, 
 and defends the bright Sigonius, who was cenfiarcd by Caiiiillus Pelkgrimis con- 
 cerning this Particular, by exactly comparing the Computations of the one with the 
 other, from the faid firft Year of the Reign of the Longobards, to the Death of 
 Kotaris, which fell out in 671, according to Paulus Diaconus and Sigonius, who 
 agree wonderfully. 
 
 BUT be that as it will, it not being to our Purpofc to enter into fo nice an Ex- 
 amination of Time, Alboinus having fubdued Liguria to his Dominion, with the lame 
 Succefs extended his Power over the neighbouring Provinces. He befieg'd Pavia, 
 but by reafbn of the Difficulty of its Situation, could not take it, therefore he left 
 a Part of his Army to continue the Siege, and with the refl \nv3iAcA Ennlta, 'Tuf- 
 uviy, and Umbria. He took many Citties of Emilia, 1'ortona, Placentia, Parma, 
 Brijji'llo, Rcggio, and Modcna. 7'ujcany being almoft all in his PofTcfTioii, he march'd 
 into Umbria, and took Spoleto, a City once as noble as ancient ; which, tho' ruin'd 
 by the Goths, neverthclefs had been reflor'd to its tbimcr State by Narfes, and not 
 
 V. Patric. in Marte Gallico, cap. 
 2 
 
 only
 
 Book IV. ^^f- K I N G D o M </ N A P L E S. 189 
 
 only prelerv'd by Allohius, but likewife adorn'd with new Privileges, and made the 
 Metropolis ofC'ailria, which he turn"d into the Form of a Dukedom, and fubjcdted 
 to Spolcto, of which he conftituted Faroaldiis firfb Duke ', and from this Time for- 
 ward the Di'.CdtHs Spoletajiiis began to be famous, and was conlpicijous above the 
 reft, therefore it was reckon'd amongft the three famous Dukedoms of the Longo- 
 bards ; and thus j^lhoinus likewife appointed Dukes for governing the other Cities 
 as he had done in the Provinces of Venice and Ligitria. But this Prince being difin- 
 gag'd from the Conqucft of thefe Cities immediately rcturn'd to the Siege oi Pavta.) 
 and at laft, after the third Year, reduc'd it to his Obedience ; and though he was 
 highly incens'd againft the Citizens, becaufe of their obftinate Refiftance, and 
 defign'd to have put them all to the Sword, neverthelefs, being perfuaded to the 
 contrary by the very Longohards, he fpared them, and enter'd the City, and was 
 proclaimed and faluted King by all. And there, as in a ftrong and convenient City, 
 did he fix his Royal Seat j whence afterwards it came to pafs, that during the 
 Dominion of the Longohards in Italy ^ Pavia was exalted above all the other Cities, 
 as the Head and Metropolis of all the Kingdom of Italy. 
 
 ALBOII\US by thefe fo many and fudden Conquefts, believing that he had 
 already reduc'd Italy under his Power, went to Verona, where he made a fblemn Feaft. 
 This Prince had married Kofmunda Daughter of Comimdits King of the GcpidiCy 
 from whom in a Battle, together with his Life, he had taken Pannonia, and being 
 fpurr'd on by his cruel Nature, had order 'd a drinking Cup to be made of Connin- 
 diis's Scull, out of which, in Memory of that Vi(3;ory, he was wont to drink * : 
 /llhohius being grown a little merry at this Feaft, and having Comundus's Scull full 
 of Wine, caufed it to be prefented to his Queen Kofmunda, who was fitting ovcr- 
 againft him, faying with a loud Voice, that he would have her drink with her 
 Father at fo great a Merry-making : Which Words ftruck the Lady to the very 
 Heart ; whereupon fhe rcfolved to be reveng'd, and knowing that Almacbildes, a 
 noble Longohard^ and a bold Youth, lov'd one of her Maids, fhe manag'd Matters 
 fb with her, that Alraachildes was to be convey 'd privately to lie with herlelf in Place 
 of the Maid; znd Altnachildes, according to the Appointment of the Maid, being 
 come to the dark Place agreed on, lay unknowingly with Kofmunda, who after it 
 was over, difcover'd herfelf to him, and faid, that he had it in his Power to chufe 
 whether he would murder Alhohnts, and always enjoy her and the Kingdom, or 
 be put to Death by the King as a Raviflier of his Wife. Almachildes confented to 
 kill Alhoiniis ; but after he had kill'd him, there was no appearance of their getting 
 PoflefTion of the Kingdom ; on the contrary, they were afraid of being murder'd by 
 the Longobards, who lov'd Alboimis, therefore they fled to Longhms in Kavenna, 
 with all the Royal Treafure, who receiv'd them honourably. But Longhms judging 
 it was now a proper Time, by the Means o^ Kofmunda and her Treafure, to make 
 himfelf King of the Longobards, and of all Italy, imparted his Defign to her, and 
 perfuaded her to murther Ahnachildes, and then to take himfelf for her Husband j 
 which fhe agreed to, and prepar'd a Cup of poifbn'd Wine, which flie gave with 
 her own Hand to Almachildes as he was coming thirfty out of the Bath, who after 
 he had drunk the half of it, finding a Commotion in his Bowels, and remembering 
 who he had to do with, oblig'd Kofmunda to drink the reft : And thus in a few 
 Hours they both died, and Longinus was difappointed of being King. 
 
 ' Ptul Warnefr. lib. 5. cap. 7. * Ibid. lib. 2. cap. 14. 
 
 S E C T. L 
 
 0/ C L E P H I S 11. King 0/ I T A L Y, 
 
 I 
 
 N the mean time the Longobards, on the Death of Alboinus, who had reign'd 
 three Years and fix Months, after having bitterly lamented the Lois of him, 
 aftembled in Pavia the principal Seat of their Kii^gdom, and made Clepbis dieir 
 
 E e e King ;
 
 too The Civil History of Book iV- 
 
 King ' ; a Man as noble as he was high and cruel mindtd, who rebuilt Imola near 
 Ravenna, which had been ruined by Narfes, took PolTefrion of Rnviin, and all 
 other places almoft as far as Komc ^ but in the Career of his Vidories died by the 
 Hands of one of his own Creatures, after he had reign'd only eighteen Months. 
 Clephts was very cruel, not only to Strangers, but likewifc to his own Lougobards, who 
 were fo terrified at Roval Power, that they did not incline to chufe another King in 
 hafte, but rather chofe to be fubjcd: to Dukes ; each of which kept the Government 
 of his own City and his Dukedom, with full Power and Dominion, and did nor, as for- 
 merly, acknowledge Royal Authority, or any other Supreme Dominion. This 
 Relolution was the Caule that hindred the Lotigohards from taking PofTcfTion at that 
 Time of all Italy ; and that fome of the following Cities made a Defence for fome 
 Time, and others were never conquer'd by them ; to wit, Rome, Ravenna, Cre- 
 mona, Mantua, Padua, MonfeUce, Panua, Bologna, Faenza, Forli, and Ccfena : 
 Foralmuch as their want of a King made them lefs capable of carrying on their Con- 
 quefts ; and afterwards when they did create one, they became (by their having 
 been free for fome time) lefs obedient, and more liable to quarrel amongft them- 
 lelves • which put a Stop to their Conquefts, and at laft was the Occafion of their 
 being driven out oi Italy. 
 
 W E ought not to pais over this Place, w^ithout oblerving with Cauiillus Pelle- 
 grimis % the Errors long fince common amongft modern Writers, who by following 
 Sigontus, or fome other Writer more ancient than he, believ'd that the LongobardSy 
 abominating Royal Power, chang'd the Form of Government, and at ClepbJs''s Death 
 created thirty Dukes, among whom they divided their Kingdom ; becaufe whoever 
 ■will but attentively confider the Words of Paul IVarnefride \ who fpeaks of that 
 Change, will perceive, that xhe Longobards lihtr the Death o( Clephis ntg\e&.cdto 
 chufe a King, terrified, perhaps, at the Cruelty of that Prince, and frighted at the 
 unhappy Deaths of yilboinus and Clepbis^ but chofe to live under their Dukes; who 
 were not then firft inftiturcd for giving a new Form to their Kingdom, and changing 
 the Ancient, but had been chofen from the Times of the Kings yllbomis and 
 Clephis, according to the Cuftom of the Longobards taken from the Greeks, who 
 after the Conqueft of Cities, appointed a Duke to govern them, as indeed the fame 
 JVa-niefride aflTures us, that at the Death of Clephis, the Dukes who were Governors 
 of the following Towns were, Zaban of Pavia, AlbohiHs of Milan, Walaris of Ber- 
 gamo, yllacbisofBrefcia, Evin of Trent, Gifulphns of Frhili ; and befides thefe, in 
 the other Cities fubjeft to the Longobards there were thirty Dukes, to whom the 
 Government of them was committed. Notwithftanding their delaying to chufe a 
 King, no other Innovation happen'd ; but this, that as formerly, the Dukes were 
 in every Thing fubordinate to the Kings, and as their Minifters depended on their 
 Becks ; now every one of them governed his Dukedom with abfblute Power lor the 
 Space of ten Years, during which Time there was no King, which was the Oc- 
 cafion of many Diforders, and at laft made them think of chufing, with 
 common Confent, Autaris Son of Clephis, that he might fhelter them from 
 the conftant Dangers they were in, and give them Relief Befides we ought 
 not to forget, that, as the fame IVarnefride afturcs us, the Number of Dukes 
 was not thirty, as is commonly believ'd, but they amounted to 36 ; and that 30 
 were appointed for the Government of the other Cities, befides the fix he had 
 mention'd, to wit, the Dukes of Pavia, Milan, Bergamo, Brefcia, Trent, and 
 Friuli. 1 here is no mention of the Dukedom of Bencventitm, as not being yet 
 inftituted, for our Provinces were ftill fubjedt to the Greeks under Tiberius who 
 fucceeded Juflm, who after a Reign of twelve Years, died with exceflive Torment, 
 and in his Place Tiberius being chofen, was fb engag'd in the War againft the 
 Parthians, that he could not relieve Italy, nor hinder the Progrefs of the 
 Longobards. 
 
 ALT HO' their Affairs, during this Inter-reign, were fbmewhatprofperous with 
 refpedt to the Wars they had with the Greeks, for in the Year 579, by the Conqueft 
 of Sutri, Bomarzo, Orta, Todi, Amelia, Peruggia, Luceoli, and other Cities, they 
 had inlarged their State ; neverthelefs they foon perceiv'd, that their Realm thus 
 divided could not laft long ; forafmuch as by fome Difagrecmtnt amongft thcm- 
 felves, they had afforded an eafy and ready Opportunity of being attack'd hy foreign 
 
 ' Paul. Warnefr. lib. i. cap. 14. I ' Paul. Warnefr. lib. 2. cap.uk. 
 
 ^ Cam. Pelleg. in Did", de Due Bene. dif. i. | 
 
 Nations,
 
 feook IV. the K I N- G D o m of N A P L i\ S. i g i 
 
 Nations, and knew by their manifdl Danger, what Milchiefs their Divifions wouki 
 involve thcni in ; for in their Conriifts with the French, they had come off with Lofs ; 
 and befides, at the Inftigation of the King of France, three Dukes had rebell'd '. 
 IVIoreover in the Year 584. I'rileriiis died, who had govern'd the I'mpire feven 
 Years, more commendable for his Chrftian Piety, than his Skill in Military' Affairs, 
 and was fuccecded by Mcmrltiiis o( Cappadocic, one of his Captains, to whom hehaa 
 gi'-en one of his Daughters in Marriage ; a Prince for Valour and Prudence much 
 fuperior to his Precedeflors Jiijtin and 'Tiberius ; he confidering ferioiilly the oreat 
 Damage he had lliffer'd by the Longobards in Italy, thought of ufing all poflible 
 Means for dri\ ing them out of it, but finding that it was an Undertaking that 
 requir'd a better Head than that of Lons^taas (whole Fidelity was alfo ibfped:ed) he 
 recall'd him, and in his Place lent Sniaragdo a moft prudent Man, and well expe- 
 rienc'd in warlike Affairs, with a new Army the fame Year 584, to be Exarch of 
 Kavemia -, and made a certain Gregory Duke of Rome, to whom that Dukedom 
 was committed, and at the fame time made Cafiorius Commander of the Soldiers in 
 Rome, becaufe the Greeks were wont Jikewife to have fuch an Officer to overfee the 
 Soldiers, befides the Duke ; whence it is, that in Naples, which was a long time 
 under the Empire of the Greeks, befides the Duke, we read alfb of this other 
 Officer. 
 
 S MA RAG DO being arriv'd in Ravenna, was not lohg before he put h!s 
 Dtfigns in Execution j he made DoClrulfus a skilful Warrior to rebel againft the 
 Longobards, and come over to his Side ; and not long after he took Briffello, and 
 fubjedted it to the Grecian Empire. And while Smaragdo was fb fuccefsful in Ita!y, 
 Mauritius did not fail to take other Meafures in order to drive the Longobards from 
 this Province ; he ufed all his Induflry to draw the French to his Side, and at laft, 
 by Money, prevail'd with Childebert King of France, to make War againft the 
 Longobards, who juftly fearing the great Damage fuch a Confederacy and Prepara- 
 tion from the other Side of the Alps would bring upon them, and confidering that 
 they had no other way to ward off fb great a Mifchief, and to refift the Power of 
 the French and Romans, but by fubmitting again to the Authority of one fingle 
 Perfbn, aflembled themfelves, and with unanimous Confent created Autaris Son of 
 Clepbis, their King, in the Year 585. 
 
 ' Paul. ./Emil. de Reb. Franc. 1 ^ Marquar. Frether. in Chronolog. Exarc. 
 
 1 Raven, apud Leundavium. 
 
 SECT. \l 
 
 Of A UT A R I S III. Ki;?^ of I T A L ^ 
 
 AUTARIS was a Prince of lb great Valour and Prudence, that he much 
 exceeded Albonms, and his Progrefs in Italy was fo great, that the Duration 
 of the Kingdom of the Longobards for the Space of Two hundred Years was owing 
 to him ; for he had no fooner mounted the Throne, than he cloiely befieg'd Brif- 
 fello, and in order to inflidt a fignal PuniHimcnt upon Do5irulfus for his Felony, he 
 ufed all Methods poffible to get hold of him ; fbraf much as that Treachery had 
 made him fo fufpicious, that during all his Reign he was afraid the other Dukes 
 would imitate him, fo that he was more perplex'd how to reduce them to their 
 Obedience, than to refift the Power of his Enemies. He was lb wife and prudent a 
 Prince, "that above all Things he ftudied Means for giving his Kingdom a more 
 lovely Afped, and a more lettled Form of Government. In the firft Place he 
 ordain'd, that the Kings of the Longobards, in Imitation of the Roman Emperors, 
 fhould be called fla-vii, and he would be fo nam'd himfelf, that liis SucccfTors, 
 after his Example might retain that Surname, which afterwards all the lucceeding 
 Kings of the Lc-//g(//;^)-(/j happily made ufe of '. And confidering that the Dukes 
 
 ' Paul. Warnefrid. lib. ?. cap. 3. 
 
 bcj.ng
 
 1 9 ^ ^^^^ Civil History of Book I V„ 
 
 being accuftom'd for the Space often Years to rule with an abfblute Command and 
 Power over their Dukedoms, would bear it impatiently to have all Authority and 
 Dominion taken from them, and be reduc'd to their former Condition ; in order to 
 (hun greater Diforders, and to prevent an Infurredtion, with much Prudence he 
 compounded Matters thus ' ; that each of them fhould give to the King and 
 his SucceflTors, the Half of the Tax and Subfidies for maintaining the Royal 
 Grandeur and Kingly Majefty, and come to Court ; the other half they were 
 to keep to be imploy'd in the Government of their Dukedoms, and the Admini- 
 ftration of their Cities, of which they had been appointed Dukes, rderving to 
 himfelf the Dominion and Supreme Right and Royal Authority ; and that in cafe 
 of Neceflity, they (houid be immediately ready to affift him with their Might and 
 Arms againft his Enemies ; and albeit he could deprive them of their Dukedoms 
 at his Pleafure, neverthelefs Autnris never put others in their Places, except either 
 when their Malc-Ilfue fail'd, or when they became unworthy by fome great Felony 
 committed by them \ 
 
 ' Regin. lib. i, A. f 17. Paul. Warnefr. lib. 
 5. c. 8. Sigon. de Reg. Italic, lib. I. 
 
 Sigoii. de R. Ital. lib. i. Guido Pancirol. 
 Tlielaur. var. left. lib. i . c. 5c. is Ducibus 
 
 urbes, Dominio Supremo fibi refervato, con- 
 ceflir, quas ad ftirpein virilem tantemiranfmitti 
 voluit. 
 
 SECT. III. 
 
 The Origin of Fiefs or Fcodal Holdings /« ITALY. 
 
 WE come now to the Origin of Fiefs in Italy, which like the Nile, had their 
 Head fo hidden, and their Origin fo concealed, that among the Writers of 
 the Ages by paft, it was reputed io difficult and dclperate a Task to find it out, and 
 their Accounts were fb different and inconfiftent, that the Thing in queftion was 
 render'd more obfcure and dark, than clear and evident. However, we muft not 
 take upon us to fay that the Longobards were the firft who introduc'd them, and that 
 in Imitation of them, other Nations afterwards receiv'd them into their Dominions i 
 for in the Hiftory of France, as Charles Molineus, the French Papinian relates ', 
 there is mention of Fiefs fmce the Reign o( Childebert I. ; and in their Annals, and 
 in yiiriioiniis % and Gregory of ^ours ^, we likewife read the lame. We read alfb, 
 that about the fame time of King Autaris, but eleven Years fooner, in the Reign of 
 Chilperick I. and properly in the Year 574, King Guntranmis depriv'd £r/)o« of his 
 Dukedom, and created one in his Place*; and Pauliis Emilius ', and Jacobus 
 Cujacitis ^ affure us, that the Kings of France had likewife the fame Cuftom of 
 creating Dukes and Counts in the Cities ; and as at the Beginning when it was 
 introduc'd, it was in the King's Power to turn them out at his Pleafure ; lb after- 
 wards there was a Cuftom brought in, that they could not be deprived of their Eftate 
 ttnlels it could be proved that they had committed ibme great Felony. And at laft the 
 fame Kings with an Oath confirm'd them in thele Eftates, of which by their Courtefy 
 they had made them Lords. 'Tis true, at firft^ as is laid, thcfe Dukes and Counts 
 were only Governors of Cities, but afterwards they held thelc Cities as Lordfhips^. 
 
 AND indeed, neither the Romans nor the Grecians, nor any other ancient 
 People ever acknowledg'd any other Dignity but that of Orders and Offices: 'Twas 
 the ancient French, and thefe Northern People, who iettling thcmfelves in other 
 Peoples Countries, invented Fiefs, and conlequently the third Order of l)ignity, 
 which is the Lordftiip. Not but that in fomc Ibrt this Invention owes its Beginning 
 
 ' Molin. in Confuet. Paiis tit. 1. de Fiefs, 
 num. I?- 
 
 * Almoin, lib. i. c. 14. 
 
 * Greg. Turon. Hift. Franc, lib. 4. cap. 45- 
 V. Altefer. Orig. Feud cap. i. 
 
 ** G«e. Turon. lib. 7. c. iz. Sclib. 10. §. 19. 
 
 ' p. i€mll. de Reb. Franc, lib. t. 
 
 * Cujac. de Feud, in Prlnc. 
 
 ' Loyfeau des OfTices, lib. i. cap }. 
 
 to
 
 Book IV. ^Z'^ K I N G D o M 0/ N A P L E S. 19^ 
 
 to the Kcman Emperors ', who for the greater Security of the Frontiers of the 
 Empire, were wont to grant to the Captains and Soldiers, who had fi^naliz'd them- 
 lelves in the Conquefls, fome Lands fituated on thefe Frontiers, as "a Reward for 
 their Bravery, of which they had all the Profits, {o that this Grant was called 
 Beneficiuni ; which was in order to oblige them to continue in the Military Pro- 
 feflion with the greater Courage, by defending their own Lands • tit attaithis mi- 
 litcvenr, propria rnra defendeiites, as Lampridius fays ^ 
 
 BUT this is certain, that much about the fame time, the Northern People, -oiz. 
 the French in Gallia^ and the Longobards in Italy, introduc'd the Fiefs \ both of 
 them perhaps in Imitation of the Gctbs^ who according to Horatius Montanus * 
 were the firft w ho laid the Foundations of them. Charles Moliueus « aflerts. That 
 the French were the firft who introduced them into Gallia, from whom the Longo- 
 bards took them, who brought them into Italy afterwards, and properly into Lcm- 
 lardy, from whence they fpread into ^S/c-z/y and our Piiglia; and, 'tis bclie\''d, that 
 the firft who brought them into theft our Provinces, were the Normans who came 
 hither fi-om Neiijlria, which is now call'd Normandy ; but our Predeceflbrs were ac- 
 quainted with Fiefs long before the Coming of the Normans ; and the firft who 
 introduc'd them into the Provinces of Samntuin and Campania were the Longobards^ 
 who conquer'd thefe Provinces firft ; and Pnglia and Calabria receiv'd them later 
 from the Normans, who entirely dro\'e out the Greeks, amongfi. whom the Ufe of 
 Fiefs was not known, as fhall be fhewn in the Progrefs of this prefent Hiftory. 
 
 HOWEVER 'tis likewife true, that all their Growth, and all the Cuftoms 
 and Laws which afterwards were introduc'd and publifh'd concerning them, are 
 owing to the Longobards, who gave them a certain and regular Form ^ ; and they fo 
 gained Ground, that amongft all other Nations Succeffions, Acquifitions, Invcftitures, 
 and all other Matters relating to Fiefs, were regulated by no other Laws and 
 Cuftoms but thofe of the Longobards ; whereupon, a new Body of Laws fprung 
 up, which we call Feudal : But we ftiall dilcourfe of that in a more proper Place, 
 when we fhall have occafion to reafon more at large about their Books, which 
 make up one of the principal Parts of the Jurifprudence of our Kingdom. 
 
 AFTER that Antaris had in this manner pleafed his Dukes, he did not neg- 
 ledt to provide w hat his Kingdom ftood in need of, and, above all, he had a fpecial 
 Regard for Juftice and Religion '. He order 'd that Theft, Robbery, Homicide 
 Adultery, and all other Crimes fhould be feverely punifh'd. He demolifh'd Vz^a.- 
 nilm, and embrac'd Chriftianity, w hich had not been receiv'd before by the Lmi- 
 gobards, who for the moft part, after the Example of their King, embrac'd his 
 Religion. But the Circumftances of thefe Times, and the frefh Example of the 
 Goths, occafion'd their not receiving it pure and uncorrupted, but polluted with 
 Arianifm ; which was the Occafion (their Bifhops being y/r/^Hi ) of many Dif^ 
 orders and Strifes which arofe betwixt them and the Catholick Bifhops that were 
 in the Cities fubjedl to them. 
 
 THE Progrefs of Aiitaris was no lefs in Military Valour, than his Prudence in 
 Civil Matters : He foon regsiindBriJfello ; and that it might not, in time to come, be a 
 Receptacle for his Enemies, demolifh'd the ftrong Walls which furrounded it. But 
 efpecially his Wifdom and Bravery appear'd, when Childebert King of France pafTed 
 the Alps with a powerful Army, for knowing himfelf to be inferior in Forces and 
 not able to withftand him in the Field, he order'd his Dukes to pro^'ide their Cities 
 with flrong Garrifons, and not to go out of their Fortifications, but exped the 
 Enemy upon the Walls ; which Conduft had fuch profperous Succefs, thu Childebert 
 confidering it would be a very tedious and difficult Undertaking to lay Siege to fb 
 many Cities, immediately yielded to the Allurements of Autaris, who had fent 
 AmbafTadors to him with rich Prefents, in order to divert him from his Enter- 
 prize, and to defire Peace of him, which fucceeded to his Wifh •■, fo that the Em- 
 peror Mauritius made heavy Complaints, and was fo much difpleas'd at Cbikieberfs 
 
 ' Molln. In Confuct. Parif. tit. i. de Fiefs, 
 num. 1 1. 
 
 ^ Lamprid. apud Loyfeau, des OfF. lib. i. 
 cap. I. num. 104. in fin. 
 
 ' Th. Cragius, lib. i. dieg. f. Jo. Schilterus 
 Com. ad Rubr. Jur. Fei^d. Alem. f 8. 
 
 '' Montan. inPrsl. Feud. 
 
 unBi^. 
 
 ' Hornius in Jurifpr. Feudal, cap. i. §.8. 
 ' Sigon. de R. Ital. lib, i. 
 
 Rolin. in Confuct. Parif. tit. de Fiefs, 
 nunHi;. 
 
 F f f Breach
 
 94 
 
 The Ci\'iL History of 
 
 Book IV. 
 
 Breach of Faith, that he demanded either to have the \an: Sum of Money which he 
 had taken for making War upon the Longobc.-ds rcturn'd, or that he fhould perform 
 his Promife in returning to Italy to fight them j and thefe Complaints and Reproaches 
 were fo continual and frequent, that at lall Cbildebert, ipurr'd on by the Pundilio of 
 Honour, refolv'd to return into Italy with a more powerful Army than the firft. 
 'Twas then that Atitarts gave the utmoft Proofs of his Valour ; for he confider'd 
 ferioufly that he ought to employ all his Might and utmoft Efforts, in order to 
 crufh this powerful Enemy ; that for the future the French might never more come 
 to difturb his Kingdom, and that by their Example other Nations might likewift be 
 dcterr'd, he refolv'd to diipofe his Army after another Manner than at firft he 
 had done ; for he defign'd to prevent the Enemy, and meet them in the open 
 Field. And having conven'd his Armies from all Parts of the Kingdom, he en- 
 courag'd them to the Undertaking, which was as hard and difficult as glorious, and, 
 if fuccefsful, would procure a perpetual Peace and Tranquility to his Kingdom j 
 he ftirr'd up his Longobards to give the utmoft Proof of their Bravery ; he put 
 them in Mind of the many Vidlories they had obtain'd over the Geptdce in Panmnia ; 
 that by their Prowefs they had fubjefted Italy ; and laftly, that their Bufmels was 
 not now, as formerly, to fight for Empire, or the enlarging it, but for their 
 Liberty and Safety. Thefe Words were fuch a Spur to the Lougobards, that it 
 touch'd their very Hearts, fo that the Signal for Battle was given. At the firft 
 Attack, they behav'd with fo much "Valour and Intrepidity, that immediately the 
 Enemies Wing began to give way ; and taking more Courage from fo profperous 
 a Beginning, they purfued them fo briskly, that xhcTrench were oblig'd to abandon 
 the Field, and fave themfelves by Flight. The Enemy thus fled and dilpers'd, many 
 were taken, and as many kill'd, and Multitudes, in order to be ftielter'd from the 
 Fury of the Longobards, hid themfelves, where they died of Hunger and Cold. 
 By fo famous and notable a Victory, the Name of Autaris became illuftrious and 
 bright over all Europe: And now foeing himfolf freed from thelncurfions of Foreigr* 
 Nations, he thought of fubjediing the reft of Italy, which was yet in the Poffeflion 
 of the Greeks. 
 
 CHAP. II. 
 
 Gf the 'Dukedom of Beneventum j and oj Z o t o its 
 
 Jirjl "Duke. 
 
 IfTA KI S had done what his Predeceflbrs had not, to wit, fubjcded 
 almoft all the hither Italy, excepting the Roman Dukedom, and the 
 Exarchate of Ravenna, which was at this time govern 'd by Romanus ' ; 
 for the Emperor Mauritius a little before had recall'd Smaragdus, 
 but he had not as yet conquer'd the moft beautiful and famous Part 
 oi^ Italy, vtic. that Part and thefe Provinces which now make up this 
 Kingdom of Naples. Hitherto thefe Provinces had been maintain'd under the 
 Empire of the Emperors of the Eaft, who had governed them according to the 
 Form that had been introduc'd hy^onginus j almoft all the principal Cities had 
 their Dukes : Naples, Siirrenttim, ^nalphis, ^aranto, Gaeta, and almoft all the 
 reft which now belong to this Kingdom, were governed by their Dukes j however they 
 
 ' Marq. Frether. in Chronologia, Smaragdus, A. y84. Romanus, A. 587. 
 
 vere
 
 Book IV. the Kingdom 0/ N A P L E S. ipj 
 
 were all immediately under the Exarch of R/rT'f;/;/.-r, and conlequcntly fubjcft to 
 the Emperors of the Eaft : And tho' their Form of Government appeared to be 
 Republican, nevcrthelefs 'tis the Height of Folly to believe they were lb free, 
 that they did not acknowledge the Emperor of the Eaft, under w hole Dominion 
 thcv liv'd, for their Sovereign ; yet by the Weaknels of the Exarchs of Kavenna^ 
 and the Diftance of the Imperial Seat, the Government of the Dukes became a 
 little more abfolute, infomuch that they often proceeded to open Rebellion againft 
 their Prince, which the Dukes of K^ples frequently attempted to do, as we fhall 
 relate in its own Place. 
 
 THESE Provinces, as being the moft diftant from Pavia, the Seat of the 
 Loiig^cbards, and which could have been foon alTifted by Sea, with which they are 
 all very near furrounded, in cafe they had been attack'd, were maintain'd with very 
 fmall Garrilbns by the Greeks; Co that Aiitaris^ a moft experienc'd Prince, defign'd 
 to begin his Conquefts by the inland Provinces: He left Rome and Ravenna behind 
 him, which he could not have eafily fubdu'd ; and in the Spring of the Year 589. 
 join'd his Army in the Dukedom of Spolethm^ and pretending to dired his March to 
 other Places, turn'd upon a fudden, and threw himielf into Samiiiv.m. The Greeks 
 being thus furpriz'd, were fo ftunn'd and aftoniih'd, that without much Difpute, 
 Autc.rss in an inftant conquer'd all this Province, and at laft Beiieventiim^ a City, 
 which, as Sio^cuius believ'd, has ever fince been Metropolis of Samuium. From 
 •whence 'tis laid, that this Prince, flulh'd with the Succels of i'o remarkable a Con- 
 queft, pufti'd forward, and over-run all Calabria, as far as Rhegimu, a City fituated 
 upon the fiirtheft Point oi Italy ^ on the Sea-fhore ; where, being ftill on Horle-back, 
 he ftruck a Pillar that was polled on the Shore, and faid : ^ bus far fhall the Bounds 
 of the I>ongobards reach ' ; whence Ariofto, finging of the Adions of this glorious 
 Prince, faid, That 
 
 bis Standard he bore. 
 
 From the Foot of the Alps, to th' Aprutian Shore. 
 
 'Tis alio faid, that when he return'd to Benefentuni, he reduced that Province into 
 a Dukedom, and made Zotto Duke of it ; and Co to the two famous Dukedoms of 
 FriultanA Spoletium, he added a Third, which in procels of Time, became as much 
 iuperior to the other two, as they exceeded the lefler Dukedoms of Italy. 
 
 BUT feeing about the Beginning and Inftitution of the Dukedom of Beneven- 
 tiiin. Opinions are different ; and that this Dukedom is to take up a great Part of 
 our Hiftory, for the Space of more than 500 Years ; which was not only of 
 great Duration, butib large, that it extended itlelflb far, as to comprehend almoft 
 all that which is now the Kingdom of Naples ; therefore it ought not to be reputed 
 befide the Purpolb, ifwelhall realbn more particularly about it. 'Tis commonly 
 believ'd, that the Dukedom of Bene-venttint was firft inftituted by Nutans in the 
 Year 589, and that Zoto was created firft Duke of it by the lame Prince. It pafles 
 for an undoubted Truth amongft all Hiftorians, that this Zoto was the firft Duke of 
 Beue--ventttm ; but who made him luch, and at what Time, Sentiments are various. 
 Caroltis Sigonitis % and Wolfangus Latins ', not having well examined the Words 
 and Phrales ufed by Paul IVarnefride % when he Ipeaks of this Inftitution, contend, 
 th.1t he was inftituted by Autaris the lame Year in which he conquered Samniuni 
 and Bene'venttm, w hich at this Time they took to be the Head of this Province j 
 but the A-ery manner in which IVarnefride mentions it, fblves the Difficulty ; he does 
 not affirm it for certain, but with a piitatv.r, refertur, fama eft j and alio what he 
 fubjoins, that Zoto held the Dukedom of Beneventum twenty Years, would 
 not agree with the Series of Things that happened fince, nor the Chronology of the 
 Times of the other Dukes who lucceeded him ; if from this Year 589. they will begin to 
 reckon the twenty Years of the Dukedom of Zoto : Wherefore Ibme others, amongft 
 whom Scipio Ammiratus, in his Dilfertations on the Dukes and Princes of Benevei;- 
 tum ; and Ant.Caraccinliis ' doubted if the Epocha of this Dukedom ought not to 
 be fixed in more ancient Times. But what made them afterwards rejed: the 
 
 ' P. Warnefr. lib. ^. cap. i6. 
 
 " Sinon. de R. Iral. lib. i. 
 
 ' Wolf. La:, lib. ii. de Migrac gent- 
 
 "* P. Warnefr. lib. ;. c. i6. 
 
 ' Ant. Carac. n. Propylco ad qiiatuor Chron. 
 
 Opinions
 
 1 ^6 The Civil History of Book IV. 
 
 Opinions o£ Sigoniiis and Latins^ was the Authority of Leo Ofiicjifi^ ', who tho' he 
 flourifh'd Three hundred Years after UWnefride^ writes not doubtfully, but with 
 great AfTurance, in his Chronicle of the A^i?^/)o//Yi7// Edition, that the Greeks retook 
 Bcue'ventiir,! from the Longobards, in the Year 891, Three hundred and twenty Years 
 after Zcto had been Duke of it; whence, according to Ofrien/is, the Beginning of the 
 Government of Zo^o fhould be carry 'd back to the Year 571 ; or, as Avimiratus will 
 have it, to the Year 573 ; who in order to make it agree with the Things fallen out 
 fince, and with the Chronology of the other Dukes, own'd by the fame li'drnefrtde, 
 correds the Place of Ofrieujis, and will have it read, not Three hundred and twenty, 
 but Three hundred and eighteen: So that according to their Opinions, the Duke- 
 dom of Bene'ventmn had its Beginning before Aataris conqucr'd Samniuy.i^ and 
 Ibme Years after the coming oi Alhoinv.s into Italy. Others ha-\'e found out the 
 Origin of this Dukedom to be of an older Date, to wit, in the lame Year 568, 
 when Alhoinus left Piumon'ta., in order to come and conquer Italy ; and that befidcs 
 the Province of T^enice, a Band of Longohanis went as far as Beucvciitiim, and 
 having fix'd themfelves there, eledted Zoto for their Duke ; which they prove from 
 an ancient Regifter of the Dukes and Princes of Beneveiituj?/^ made by an unknown 
 Alonk of the Monaftery of S. Sophia in Bemirtitiwi, which goes further back than 
 the Hiftory of the Anonymits Salernitanus^ who fays ' : Anno ab incarnattone Domini 
 ^uingentcfimo Sexagcfimo O£la'vo^ Prhicipes cceperant prhicipari in Principatn Bene- 
 i-entano, quorum pritnus 'vocabatur Zoto, to whom he afligns Twenty-two Years 
 Government, and not twenty, according to Ifarnefride. 
 
 BUT the Difference in Opinions does not end here, neither are the moft careful 
 Inquirers fatisfied with this Beginning, but they fearch for one further back in more 
 diftant Times; which Leo Oftienjisfliews us in his Chronicle, in which, tho' we read 
 in the Neapolitan Edition, that there were Three hundred and twenty Years from 
 the Creation of Duke Zoto, to the Year 891, in which Benetentum was retaken by 
 the Greeks; neverthelefs the Original, which is preferv'd in the Archives of Cajino^ 
 differs very much from the Neapolitan Edition ; fmce we read there, that from Zoto 
 to the Year 891, not 320, or 318, but 330 Years interven'd: According to this 
 Reading aretheEditionsof Tewice andP^m, and the lafl publifli'dby the AbhoideNuce; 
 both the one and the other are more corrcd: than that of Naples as to the Number of 
 Years, fo that according to this Reckoning it mufl be acknowledg'd, that the Duke- 
 dom of Beneventum had its Beginning from Zoto in the Year 561. But certainly it 
 will feem a very ftrange and new Thing, to alledge that this Dukedom had been 
 inftituted this Year, which would make it commence feven Years before the Longo- 
 hards came out of Pajinonia in order to conquer //i?/)" j and when the Greeks bore 
 abfblute Sway over all the Provinces of it. 
 
 I N fo great Variety, we chufe to follow the Opinion of the mofl exadl: Camilliis 
 Pellegnnus 3, who treats of this Subjed: with more Care, and to better Purpofe 
 than all the refl ; whofe Opinion is fupported by what Conftautinus Porpbyro^enilus 
 has left us in Writing concerning the coming of the Longobards to Beneveutiim : 
 Though he be an Author fomewhat Fabulous in what he writes about the coming 
 of the Longobards into Italy, neverthelefs in themidft of his Fables fbme Glimpfes of 
 Truth likewife appear, which in fo difficult and doubtful a Matter, mav point out 
 the Way by which we may find out the Beginning and Inflitutionofthis Dukedom. 
 This Writer relates "*, that the Longobards being invited into Italy by Narfcs, came 
 with their Families to Beneientum, but not being admitted within the City by the 
 Bcneventans, they built their Habitations without the Walls, which became a fmall 
 City, and which even to his Time rctain'd the Name ofCitta Noua ; and having 
 fettled themfelves there, fome time after by Fraud they enter'd arm'd into Beneven- 
 tum- and having turn'd every Thing topfy-turvy, kill'd all the Citizens, and after- 
 waVds over-run the whole Province, and fubjefted it to the Dominion of the Long^o- 
 hards and extended their Empire from Calabria to Pavia, excepting the Cities of 
 Otranto Galltpoli, KoJJano, Naples, Gaeta, Surreutum, and Amalphis. 
 
 A L T HO' what this Author relates of the Longobards having come out of Bene- 
 ventum, and extended their Empire over all Italy, be Fabulous, and contrary to all 
 
 ' Leo Oftien. Chron. lib. i. cap. 48. 1 ' Cam. Pel. in Dlf. dc Due. Ben. Dif. i." 
 
 * We have it in Camil. Pelleg. in Uift> "* Conftant. Porphyr, de Admin. Imp. c. 27. 
 Princ Long. . • 
 
 Hiltory,
 
 Book IV. //?^ K I N G D o M 0/ N A P L E S. 197 
 
 Hiftorv, which fays, that after their marching out of P<?;;«o«/Vz under y^ll/ohuis, their 
 firft Conqucfts were in the Province of Venice^ and afterwards by degrees in Lie^iiria, 
 .Emilia, I'lifawy, and the other Provinces : And what he fays alfo of the CiU a Nora, 
 whkh near Two hundred Years after the coming of Alboiuus into Italy, was built 
 by Arcchis for fear of the French, be likewile a Fable, as we fhall (hew in its Place. 
 Yet what he fi\s of the Loiiipbanis having retired to Beneveiitum under Nar/es, cer- 
 tainly is not fabulous ; for, from what is above related, 'tis moft certain, that A^iry^j, 
 before he invited Alboinus, and before their general Tranfmigration, almoft in all 
 his Wars, was wont to make ufe of the Longobards in Italy ; neither was this the firft 
 time they had been call'd by him ; he had them in the War againft Totila, and, as 
 Jiarnefride fays, tho' that after having gain'd that Victory, being loaded with many 
 Prefents, they had been ordered back to their own Habitations, neverthclels all 
 the Time that they poffefs'd Pannonia, they were Auxiliaries to the Komans ; whence 
 'tis very probable, that altho' Narjes had diimiffed them, yet they did not all return 
 Home : But that about the Year 552, or 553, many of them being taken with the 
 Pleafantnefs of the Country, remain'd in Italy, and after the manner of Robbers, 
 wander'd fometimes in one Place, Ibmetimes in another, of which Procoptiis alio gives 
 Teftimony; and that at laft, either of their own Choice, or perhaps by the Command 
 oiNar'es, in order to keep them under, and to prevent Diforders which their going 
 fo difperfed occafion'd, they had Benexentitm affign'd thtm for a Place of Refidence ; 
 and that afterwards in the Year 561, they had made themfelves Maftcrs of it, in 
 which Adlion Zoto had had the principal Share as their Captain : So that from this 
 Year, we may lay with Ofiienjis, the Longobards began to rule in Benventuni under 
 Znto ; therefore to the Year 891. in which they were driven out by xhe Greeks, 
 there were exaftly Three hundred and thirty Years: But the Dukedom was not 
 inftituted in thole Times ; nor when the Dominion of the Greeks was powerful in 
 that Province, could a Handful oi Longobards reduce Samiitim to the Form of a 
 Dukedom, and eftablifh Zoto Duke of it. In order then to make the Years of the 
 Government, which IVarnefride gives to Zoto, agree with the Fadts and the Chrono- 
 logy of the other Dukes his Succeflbrs, own'd by the lame Writer ; we moft reckon 
 the Beginning of it from the Year 571, that is to lay, when Alboiuus had 
 already enter'd Italy, and conquer'd many Provinces : Then thole Longobards that 
 were in Beneventiim being become more bold, openly threw off the Yoke of the 
 Greeks, and rebelling againft them, polfels'd themfelves of the neighbouring 
 Country j and afterwards, in the lame Year 571, created Zr^f^? Dnkc of their own 
 People, who from fuch an obfcure Beginning commenced his Government, f hereafter 
 Aiitaris having come to invade our Ciftiberina Italia, and having fubdu'd the intire 
 Province oC Samnmiit, finding Beneventum poffefs'd by the Longobards, who were 
 under this Government of Zoto iheir Duke, confirm'd him in it, and having made 
 him Tributary, as all the fucceeding Dukes of Bene-ventum were, to the Kings of 
 Lombardy, he left that Dukedom under his Adminiftration ; whence it came, that 
 by Ibme Writers the Beginning of the Government of Zoto is taken, not from the 
 Time that Aiitans poffels'd Samniiim, and reduc'd it to the Form of a Dukedom, 
 and put it under his Command, but from the Time that Zoto commenced from thefe 
 oblcure Beginnings, and that Order of Things, to have the Government of 5i?w- 
 'ventunt, and of thole Longobards who had poffels'd themfelves at firft of it, as 
 Porpbyrogenitus relates. 
 
 THE Dukedom of Beneventuin then, from Co mean and flender Beginnings, had 
 its Rife : Such 'tis laid, has been the Rife of the moft famous Commonwealths, and 
 the moft renown'd Principalities in the World j thereafter in the Courfe of Years ic 
 not only equall'd thofe o{ Spoletimn and Friuli, but by much overtopp'd them ; and 
 welhallfeeit at once poffefs'd almoft of all theCiftibcrinan Italy, but towards the North 
 its Limits were further extended than at prefent thofe of our Kingdom are on that 
 Side. It began from that Handful of Longobards who fettled them'fclves in Bene- 
 i-entuni under Karfes ; and upon fo flender a Foundation, by degrees, was built 
 that Polity, and that Form of Government which was kept up for many Ages under 
 the Dukes who fucceeded Zoto. Aiitaris was the firft w ho gave it the moft ftable 
 and certain Form, and began to enlarge its Limits • forafmuch as he fubjedted the 
 •whole Province of Saninitm to this Dukedom i and as we Ihall fee, the Kings of the 
 Longobards, his Succeflbrs, by the Means of the Dukes, augmented it wonderfully. 
 Betieventiim had the good Luck to be the Head and Metropolis of fo great a Duke- 
 
 G g g dom.
 
 I p8 The Civil History of Book IV- 
 
 dom, not by Choice, perhaps neither becaufe in the Reign of /hiiar/s this City- 
 was eminent above all the other Cities of thcle Provinces which he then commanded : 
 For there were other Cities in Samnium no iefs famous and ancient, fiich as Ifeniia^ 
 Bojanum^ and others j and there were much more noted Cities in Cawpania : On 
 the contrary, Bencventimi, tho' in the Time of the Konnms it had been one of tire 
 mod famous Colonies of that Commonwealth ; neverthelefs by the Invafion of the 
 Goths often fuffered thofe Calamities which fuch ftrange Revolutions carry along 
 with them ; neither in their Time did it retain its ancient Dignity, but in the Reign 
 oil'otila who caus'd its Walls to be demolifli'd ', it was rcduc'd to a very lament- 
 able Condition. Bene'ventttm then by a certain Fate, and its own good Luck, was 
 made the Seat of this Dukedom, and thereafter became the Head and Metropolis of 
 its neighbouring Provinces ; but it acquir'd this Honour a long time after. At the 
 Time that Warnefride wrote, this City had rais'd itfelf above all the reft ; but that 
 was two Centuries after the Reign oxAutaris. For which Caufe, when this Author 
 defcribing the feveenteen Provinces of Italy, and placing Ber.e'ventmn in Samnium^ 
 names this City as Head of the neighbouring Provinces, he did fo with regard 
 to the Time in which he wrote, when the Seat of this Dukedom was become very 
 great and rich, and was advanc'd to be Head, not only of one, but of many Pro- 
 vinces, fuch as Samaintn, Campania, Puglia, Lucania, and the Brutii, either iri 
 whole or in part, as we fhall (hew hereafter. But elfewhere, when he 
 places Beneientv.m in Sammtnn, he did it not with regard to the Times in 
 \\]\\c\\thc Longobards govern'd, but had an Eye to the old Defcription of //^/y in 
 the Days of the ancient Samnttes ; for according to the later of Augufliis, as Plhty 
 afliires us ^, Benet'entttin was plac'd in Puglia, and not in Samnium ; and in the 
 other following Defcriptions, we fee this City ported on the Confines of Campania ; 
 v/hence it is, that \n the A^s of Janiiar ins, that holy Bifhop of Beneveutum, now 
 the firft Tutelar of iV^/'/ej, we oblerve when he fufFer'd Martyrdom under Z)/o!:/e- 
 fian, fuch Affairs were committed to the Prxfes of Campania, whofe Bufmels it was. 
 And welikewife find, that Aufonins fpeaking of thofe who have chang'd St\es, and 
 telling that in Benevciititm, not long ago a pretty Youth became a Woman, calls 
 Beiieventum a City of Campania. 
 
 Nee fat is antiquum, quod Campana in Benevento, 
 Unus epheborum virgo repente fuit. 
 
 A N D in the Itinerary which is attributed to Antoninus, the Bounds of Cam- 
 pania are fix'd at Equo Tiitico, and according to the Obfervation of Pbiitppus Clu- 
 •vertns ^, that City which we now commonly call Ariano, is fituated further in 
 than Benevaitum i the Words of the Itinerary are thefe : A Capua Equo T'utico M.P. 
 LIIII. ubi Campania limitem babet. Caudis M.P. XXI. Benenjento M.P. XL Equo 
 Ittmco M.P. XXI. 
 
 AND it v/as for no other Reafon that the Inhabitants of 5c;/£"i;e«f«?», as we have 
 faid, fet up many Marbles with Encomiums on the Con/ularcs of Campania, as did 
 aUb the Campanians, the Neapolitans, and the other Cities that were govern'd by 
 the Confularcs of Ca.fnpania. By which Documents it manifeftly appears, why the 
 other Januarius, likewife Bifhop of Beneventuvi, when he was at the Council of 
 Sardica, which was held in the Year 347, the Cuftom being then, that the Bifhops 
 fublcrib'd with the Name of their own City, and the Province in which it was 
 fituated, fubfcrib'd in this manner : fanuarius a Campania de Benevento. 
 
 IV A R. N E FKIDE did the fame when he dcfcribed the feventeen Provinces 
 of Italy, by reprefenting them as he found them in the Notitia of the two Empires, 
 made under Theodojius the Tuunger, about the Year of our Lord 440 ; for in his 
 Time the Provinces of Italy, tho' they had the fame Names given them by Writers, 
 as we at this Time, in order to fhew our Erudition when we write, not only have 
 recourfe to the Days ©f 'fbeodofiih, but go much higher, and name each of the 
 twelve Provinces of which our King<)om is compos 'd at prelent, as they were under 
 the Free-Commonwealth, by calling their People Samnites, Lucani, Harpini, Salen- 
 tini, and the like ; neverthelefs there was a Difference in all their Adminiftration 
 
 • Procop. lib. uk. I » Clover. inantiq.Iwl. lib. 4. cap. 8. 
 
 • Plin. lib. 5. cap. |i. | 
 
 and
 
 Book IV. the KiHGDowL of NAPh E S. 1 99 
 
 and Italy was divided into many Dukedoms, which were not formerly Provinces • 
 wlience it came, that what is now our Kingdom, and which formerly was only 
 divided into four Provinces, was afterwards form'd into twelve, which got othei; 
 Names, and other Bounds, as in the Sequel of this Hiftory we fhall fee. 
 
 TO return then to ourPurpofc, the Inftitutionof this Dukedom, if we confider its 
 mean Beginning, owes its being citabiifh'd in Bciieveiitim to Chance, and not Defign, 
 as not only the other leffer Dukedoms of the Lowio^^r^fj were inftitutcd in diverle 
 Cities, but alio thole of Friuli and Spoleto ; and as it fares with all other Things 
 of this World, that if we will look back to their Origin, being iprung from very 
 fmall Beginnings, they rife to their Height, whither they are no fboner arriv'd, 
 than they muft return to their former State, according to the Rule of worldly 
 Things ; una\'oidable Laws, which human W'ifdom cannot witlifland nor remedy. 
 Howe\'er, in Procels of Time, the Longobards having fixed themftlves in Italy^ 
 and their Kings having perceiv'd, that the perpetuating a long Series of fo 
 many Dukedoms, would be a Means to keep their Kingdom too much divided, 
 had a mind to extinguifli a great many of them, and to keep up only thole that 
 could beft help to preferve the State. In effedt, H'ariiefride himieJf afllires us, 
 that in his Time many of them were extindl, and in the Sequel of his Hiftory, he 
 makes mention of no other Dukedoms but thofe of frent^ I'urin, Bergamo, Brefcia,^ 
 and thefe other three which were exalted above all the reft, to wit, of Spoleto_^ 
 FrJul!, and this of Beneventum. 
 
 NEITHER is it unrealbnable to believe, that thefe three laft were exalted 
 above all the reft on Account of their Situation, by which the Kingdom was 
 enabled to keep it felf more fecure, and extend its Limits farther : Forafmuch as 
 the Dukedom of Friuli being fituated at the Entrance of Italy, from whence they 
 could the more readily refift the Incurfions of Foreign Nations that might endea- 
 vour to invade it i and Spoleto being placed in the Middle of Italy, they could eafily 
 fupprefs the Motions of the Romans and the Greeks, who being fortified in Kavenna. 
 and Koine, gave frequent Difturbance by their Excurfions ; and as for Bene-ven- 
 ttm, its Situation was fuch as to command the lower Part of Italy, from whence they 
 could make a Stand both againft the Greeks and the Rotnaus, by whom they were 
 often aflaulted from the Maritime Places, and kept in continual War. Therefore 
 Mattheits Paliucrins ' gives an exadl Defcription of the Polity and Form of Govern- 
 ment of the Longobards, when he fays, That having fix'd their Seat in Pavia, they 
 divided Italy into leveral Principalities, over which they fet Dukes, amongft which 
 the moft confpicuous, and, in Procefs of Time, remarkable, were that oi Friuli at 
 the Entrance of Italy, that of Spoleto lltuate as k were in the Centre of it, and the 
 third o{ Bev.eventuin for commanding the lower Part thereof; feeing thefe three 
 Dukedoms were always fubjed: to the Kings, and govcrn'd with the fame Spirit 
 and by the fame Laws, making but one Commonwealth ; and being eftablifh'd after 
 this manner they became more famous, and by degrees extended their Limits (in 
 which Beneuentum made the greateft Progrefs of all the reft ) and the Longobards 
 ■were enabled to preferve their Dominion long in Italy. 
 
 1 N recording the Exploits of the Dukes of Bencve^itum, we fhall follow the 
 Order of Time and Years obferv'd by the moft exad: Pellegrintis, as the moft 
 accurate of all the reft, and even of more Credit than iVarnefride himfelf ; and by 
 reckoning the Beginning of the Government of Zotto in the Year of God 571, and 
 not in the Year 585, as IVarnefride did, who neverthelefs confeffes that his Go\'ern- 
 ment lafted Twenty Years, which is certainly the moft fure time, fhall put an end 
 to it in the Year 591, and not in 605 or 598 as Sigomus does : So that what this 
 Writer relates of the Pillaging and Sacking of Croton, which happen'd certainly in 
 the Year 596, not under Zoto, but Arechishxn Succefl'or ; whence we clearly fee the 
 Miftakes that arife, and of which Sigomus himfelf was not aware,' who fix'd the 
 Beginning of the Government of Zoto in the Year 589, for he ought to have 
 placed the End of his Government and his Death in the Year 609, after the Ex- 
 piring of the twenty Years, and not as he did in 598, in which Year there would 
 only have been nine Years of his Government paft. 
 
 THE Deeds of Zoto, firft Duke of Beneventum, deferve no Praife ; for 
 Aiitaris was no fooner return'd to Verona^ after having fiibdued ^^mnmm to liis 
 
 ' Mac. Palmer. iiiChron. »d A- 776. 
 
 Duke-
 
 200 The Civil. History of Book IV. 
 
 Dukedom, and left the Government of it to Zcto^ than he gave evident Signs of 
 his Rapacity, and likewife of his no regard to Relisjion, which may be underftood 
 by the following Fad- The Monaftery of Ca/Ino, built Sixty Years before by St. 
 Benedili^ famous all the'^World over, as well on Account of its Founder, as for the 
 Sandity and Quality of its Monks, had been wonderfully cnrich'd by the Dona- 
 tions of divers Princes ; Zoto, a moft a\ aricious Man, being covetous of thefe 
 Riches, attack'd it unawares in the Night-time, and, not iatisfied with the Booty 
 and all that was valuable in it, deftroyed and threw down the Edifice • and while 
 the LoHgobards were all intent upon the Pillage, Bonittis, who was then Abbot, 
 made his Efcape with his Monks, and fled to Rome, where they were kindly receiv'd 
 by Pope Pclagtus, and had Lodgings appointed them near to the L^teran., where 
 they built a Monaftery, in which they remain'd a Hundred and thirty Years ; 
 during which Time the Monaftery of Cafmo was forfaken, until PetroJiax, being 
 exhorted by Gregory II. took Care of it j who having led back again many IMonks 
 and Nobles who chofe him for their Abbot, rebuilt the Edifice, and reftor'd it to 
 its former Greatnefs. 
 
 THE Pillage of this Monaftery was certainly committed by Zoto not long 
 before his Death, towards the End of the Year 589, under Pope Pelagius, w ho 
 died in the Year 590, not long before St. Gregory the Great wrote his Dialogues, 
 ■who making mention of this Pillage, fpeaks of it as a Thing lately done ' ; and 
 'tis moft certain, as Baronius carefully obferves, that St. Gregory wrote his Dialogues 
 in the Year 593, whence we clearly lee the Error of Maraefride, who places this 
 Fadt in the Year 605, and that of Sigebertiis, who will have it to have been in the 
 Year 596, not adverting to the undoubted Teftimony of St. Gregory^ and what is 
 gathered from the Chronicle of Leo Ofiienfis. This delerves to be treated of more 
 at large, but the Abbot de Nuce ^ fupplies that Defedl, who has examin'd this Point 
 very carefully. 
 
 ' S. Greg. M. lib. i. Dialog, cap. 17. Not:- 
 turno tempore nuper illic Longobardi Ingrefli 
 funt. 
 
 * Abb. de Nuce Chron. 
 in Excur. Chronolos. 
 
 Caf. lib. I. cap. 2. 
 
 CHAP. III. 
 
 Of Agilulfus IV. Khig of the Longobards j and of Arechis 11. 
 
 ^Dtike of Beneventum. 
 
 H I L E thele Things happen'd in our Provinces, Aiitarts, not able 
 to obtain the Sifter of Childchert King of France in Marriage, for 
 (he was given to Kecaredus King of Spain^ after he had embrac'd 
 the Catholick Faith, and by a memorable Example driven Arlantfm 
 out of his Kingdoms, demanded 'Tbeodolinda, Daughter of Gari- 
 haldus King of the Bojoari ■, a moft prudent Woman, whole tran- 
 Icendent Virtues deferve often to be remember'd in this Hiftory ; and having 
 married her in Verona in the Year 590, he was intangled in a new War with the 
 Trench : For Childelert being defirous to recover the Honour he had loft by the 
 Defeats of the preceding Years, return'd with a powerful Army into Italy, and the 
 Terror of his Arms and his Promifes were fo great, that many of the Longobard 
 Dukes rebeli'd : Minolphns Duke of Novavd^ Qandolfhus Duke of Bergamo, and 
 
 Valfaris
 
 Book IV. the K I N c T) o f^i of N A P L tL S. 261 
 
 Valfaris Duke of 2l-m£^/ went over to his Side. 'Tis faid ', tliat in thiofe Days 
 Pa-vta being poflefTed by Papius Duke of the Franconiatis^ this City took its Name 
 from him, which it retains to this Day, and the ancient Name ftcinum was forgot. 
 But this Expedition of the French was as unfortunate as the reft, their Army being 
 afflided with the Bloody Flux, while Aiitaris and his Dukes were well provided 
 within their fortified Places. The French, tho' they roam'd up and down in Italy 
 for the Space of three Months, yet at laft the Difeafe growing more infupportable, 
 were forced to return home ; fb that Aiitaris took this fit Opportunity of asking 
 Peace of Childebcrt, by the Means of Gimtrandus Uncle to Childebert, who me- 
 diated a Treaty ; but Autaris died fbon after, for having gone from Verona to 
 Pdi::a, he got a poilbnous Drink *, by which he ended his Days in September^ the 
 lame Year 590, after having reign'd in Italy a little lels than fix Years. The 
 Longobards hearing of the Death of their Prince, immediately conven'd in 
 Pa-via to eled a Succefibr, and in the mean time fent Ambaftadors to Giai- 
 traiuh'.s, to notify to him what had happen'd, at the fame time befeeching him to 
 interpofe his good Offices for procuring Peace with Cbildebert his Nephew ; but 
 when they were about electing a new Prince, finding they had none who was fit to 
 lupport the Dignity, they refolv'd that ^beodolmda fhould govern them, and that the 
 Perfon fhe fhould chufe amongfl the Dukes for a Husband, fhould be inverted with 
 the Regal Dignity. Amongfl the Longobard Dukes at this Time, Agilv.lfiis was 
 Duke of 'Ttirin, a Prince near of Kin to Autaris, who, befides the Comelinefs of 
 his Perfon, had a Mind truly Royal and fitted for any Government. 1'heodolinda^ 
 put of fo many, preferr'd him, who, to the general Satisfaction, was proclaimed 
 King. 
 
 AMONGST the many and valuable Endowments of 1'heodolinda, her being 
 moft zealous for the Catholick Religion, in which fhe had been brought up and 
 inftructed, was not the leaft in thoie Times, on which Account fhe was much be- 
 loved by St. Gregory the Great, who fent her the four Books of the Lives of the 
 Saints which he had compos'd, as knowing her to be moft affeftionate to the 
 Faith of Chrift, and well inflrufted and excelling in all human Knowledge ; and 
 tho' all her Endeavours for inducing Autaris her firft Husband to renounce Arian- 
 ifm had been to no purpofe, neverthelefs fhe believ'd that fhe fhould not find the 
 ^me Inflexibility in Agihdfus, not only on Account of his pliable and f'weet 
 Temper, but much more out of Gratitude for her having advanc'd him to the 
 Throne : Therefore Agiltilftis embrac'd the Catholick Religion, and the Longobards^ 
 following the Example of their Prince, many of them left Heathenifm, others 
 Arianifm, with which they were infefted, and tum'd Catholicks ; and the Zeal of 
 Agilulfus for this Religion prevail'd fb far, that, by the Advice of ^heodolijtda, 
 he repair'd many Monafteries, and rebuilt many Churches, which in the by-paft 
 Wars had been almoft ruin'd ; to which he gave many PofTeffions, and re-inftated 
 the Bifhops in their Honour and Credit, who while the Longobards were in the 
 Error of Paganifm^ had been flighted and defpifed '. 
 
 ' Sigon. de Reb. Ital. lib. I ' Paul Warnefr. lib 6. cap. %. 
 
 * p. "Warnefr. lib. 5. cap. 18. 
 
 SECT. I. 
 
 0/ A R E G H I S II. iDuke of Bencventunl. 
 
 IN the Reign of Agilulphus, according to the Computation of Pellcgrinus, the 
 Death of Zoto Duke of Benewnttm happen'd in the Year 59 1 ; he was more 
 famous for his Rapacity, and the remarkable Pillage of the Monaftery of Cafnio, 
 than any Thing elfe ; fo that by his Death Arecbts, Coufin to Gilulfhus Duke ot 
 
 Hhh FrtHlf
 
 i02 T^^^ Civil History of Book IV. 
 
 Friv.li ' was chofen Duke of Beneveutian by Kin^!; yi^i/ulfus. According to the 
 Polity introduc'd by Autaris into the Kingdom of the Lougobards in Italy, thele 
 Dukes never loft their Dukedoms, but for Rebellion, or at their Death ; and after 
 their Death, it likewife became a Cuftom to prefer the Sons of the Deceaicd to any 
 other, if the King thought them capable : So we fee that after the long Government 
 of this Arecbis^ which lafted 50 Years, Ajo his Son fucceedcd him j and if the Duke 
 died without Sons, the King either chofe another in his Place, or extinguifli'd the 
 Dukedom without appointing a SuccelTor. W hich is obfcrv'd to have begun to be 
 pradis'd in ilie laft Years of the Reign of this Prince ; which he did for Reafons of 
 State, pufh'd on by the Ambition of the Dukes, who often cndcavour'd to fliake off 
 the Yoke of Dependancy, in order to make themfelvcs Abfolute j for which Caufe 
 they were oblig'd to fupprefs many of thefe Dukedoms when they could, fo that by 
 Degrees they reduc'd them to a fmall Number, referving only thofe, as has been 
 faid, that could be helpful in the Security and Prefervation of the Kingdom. So 
 much the more, becaufe the Kings of the Lougobards were in continual Vexation 
 and Trouble, not only by the Wars with foreign Nations, but likewife by thofe of 
 their own Dukes, as we have feen in the Reign of Autaris, and which may be 
 obferv'd in that o( Agihdfus, who in the Year 600, having made Peace with the 
 Romans, and rcnew'd the Alliance with Thcodtbert the new King of France, had a 
 War upon his Hands againft his Dukes who had rebell'd, and having given them a 
 notable Defeat, he put three of them to Death without Mercy, to wit, Zaugriilphus 
 in Verojia, Gandulphus in Bergamo, and Varecaufus in Pa'vm. 
 
 THEREFORE when any of them failed, either by Death or Rebellion, there 
 were others appointed in their Place, of whofe Fidelity and Affedion they were very 
 fure, as Agilulftis, who, when Eoinus Duke of I'rent died, appointed Duke Goudo- 
 aldus in his Room, who was a Catholick, and remarkable for his Piety ' : Or if they 
 were not willing to continue the Succeflion ; as in the Ca{e of the Duke oiCrema, 
 who died without Sons, there was no SucccfTor appointed ^ 
 
 THE Dukedom of Beue'venttim under the Government of Arechis, which was 
 the longeft of any that had ever been, having lafted fifty Years, from the Year 591. 
 to 641, extended its Bounds very much ; lb that according to Paulus Ennliiis *, 
 and other W^riters, its Limits on one fide reach'd to Naples, and on the other to 
 Sipontum, which City after the Pontificate oi Gregory the Great, furrendered likewife 
 to the Lougobards, and was join'd to the Dukedom of Bowventum. Neither 
 hitherto had it -lb far inlarged its Confines, as it afterwards luckily did in the fuble- 
 quent Years, when it comprehended almoft all that which is at prelent the Kingdom 
 of Naples. Neither can it be faid that from this Time its Bounds were extended to 
 Crotou, becaule the Lougobards under the Duke o£Beueveutum, which according to 
 the Epocba of Pellegriuus could not furely be Zoto, but Arechis, had taken and 
 pillaged the City oi Croton, and made many Prifbners there ^ for the Cuftom of the 
 Lougobards was, that when they did not fuccecd in conquering a Place, in which 
 they could maintain themlelves, and leave a Garrifbn, they over-run the Country- 
 after the Manner of Robbers, pillaging and carrying the People along with them 
 Prifoncrs, from whom they exadted large Sums for their Ranlbm ; as it happen'd 
 to thofe of Croton, who were obliged to pay a great Sum, of Money for their 
 Redemption : And by a Letter of S. Gregory the Great's, wherein he laments their 
 Captivity, we read of the Efforts he made to get them let at Liberty ; we lee clearly, 
 that having taken the City, and pillag'd it, loaded with Booty, they carry'd off 
 with them many of the Nobility, and not Iparing either Age or Sex, left it, with- 
 out putting a Garrifon into it, as being at a great Diftance from the Borders of their 
 Dukedom, and furrounded with many Cities of the Greeks their Enemies. 1 his 
 was a Cuftom likewife pradtis'd by the Catholicks, who altho' they did not make 
 Slaves of the Prifoncrs, neverthelefs they kept them until they were ranfom'd with 
 Money ; of which we have the Teftimony of grave Authors '. Therefore it ought 
 not to be reputed Cruelty or Fury in the Lougobards only, fome of which were 
 Heathens, others Arians, that they pradic'd the lame on their Enemies. Neither 
 
 ' Sigon. (le reb. Ital. An. 598. 
 * P. Warnefr. lib. 4. cap. 14. 
 ^ Sigon. de reb. leal. An. 6oz. 
 ** Paul. /Emil. de reb. Franc lib. 
 
 ' Grot, de jure Belli & Pads, lib. 5. cap. 7. 
 num.9. Vinin Inftlt. lib. i. tit. 5. §. bervi 
 
 num. 4. 
 
 can
 
 Book IV. ?/?£■ K I N G D o M 0/ N A P L E S. io; 
 
 can it be faid, that this Dukedom comprehended the Monaftery of M. Cajifio, in the 
 Time of Zoto, becaufe it was then that they pillag'd it j and for the fame reafbn it 
 would be more ridiculous to allcdge, that in the Reign of King Atitaris, the 
 Dukedom of Bencventiim reach'd as far as Kbe^ium, becaufe Autaris carried his 
 Standard to this furthcft Part ; for 'tis manifeftly known, that when this Prince 
 ftruck the Pillar that flood there with his Spear, and laid, So far would he extend 
 the Limits of his Kingdom ; then, and for a long time after, all thefc Parts were 
 under the Dominion of the Emperors of the Eaft. 
 
 THUS, what is now the Kingdom of Ndpks, was not at this Time under the 
 Government of one fingle Lord or Prince, but of two. The Dukedom of Be neve ii" 
 turn was immediately fubject to its own Duke, and he to the King of t\\eLo)igobanls. 
 Pttglia and Calabria, Lucania and the Briitti ; the Dukedom of Naples ; thofe of 
 Cneta, Surrentum, Amalpbis, and the other leflTer Dukedoms, were immediately 
 under their Dukes, and they held of the Exarch of Ka'venna, who was under the 
 Emperors of the Eaft. 
 
 
 
 
 CHAP. IV. 
 
 Of the 2)iikedom of Naples, and its T)iihs. 
 
 [EEING in the Dukedom of ACt/i/^j, we find Dukes who govern'd it 
 for a continu'd Trail of Time, and that it was the only one which 
 was not under the Dominion of the Longobards, and which after the 
 other lefTer Dukedoms were extindl, comprehended many Cities 
 which had been comprized in them, on which account it became the 
 more confpicuous j It will not be amifs, that in treating of the Dukes 
 of Beuevetttum, we at the fame time difcourfe of thofe of Naples j becaufe by fcj 
 doing, we may perceive the Viciflitiide of worldly Things, as by the continual \Vars 
 which the Peopk of Beneventtan had with the Neapolitans, the Dukedom of Bene- 
 tetitum always increafed, fo on the contrary that of Naples, and the Dominion of 
 the Greeks over the other Provinces diminilhed ^ and as we now fee, that there is 
 fcarcely any Veflige of the Dukedom of Bencvoitum remaining, fb on the contrary 
 Naples is raifed to that Height, not only to be the Head of a fmall Dukedom, as it 
 was, but Head and Metropolis of a great and mofl flourifhing Kingdom. 
 
 THE Dukedom of Naples, which in its Infancy had very narrow Bounds, com- 
 prehending only the City of Naples, with its Dependencies, in the Time of 
 Mauritius Emperor of the Eafl made notable Acquifitions j for this Prince added to 
 its Dominions the neighbouring Iflands of Ifchia, Nijida, and Procida, in the Poffel- 
 fion of which he confirm'd the Neapolitans, as S. Gregory the Great ' writes. He 
 likewife added afterwards Cunia, Stabia, Surrentum, and Amalphis, which till the 
 Times of Pope yfrfn^«, znA Charles the Great, belonged to the Dukedom of j\'<?/)/fi, 
 as is evident from a Letter of that Pope's mention'd by Pellegrinus ; fb that this 
 Dukedom being reduced in a manner into the Form of a Province, it came likewife 
 to be caJl'd Cauipauia ; whence very often the Duke of Naples took the Title of Di:x 
 Canipatnce, as S. Gregory ' called Scholafttcus, Ditx Campanix ; and elfewhere ^ he 
 gave Gudtfcalcus the fame Title. This comprehending many Cities of that Coafl, they 
 were fubjed to the Neapolitans and their Duke j for which Caufe the Bifliops of the 
 
 S. Gn:g. M. lib. 9. ind. 4. ep. f:j. Cam- 
 Pel, dif. de ^nib. Due- Bea- ad merid. p. 32. 
 
 I 
 
 Ibid. lib 
 Epirt 
 
 iz 
 
 2. ind. 
 lib. 3. 
 
 1 1, cp. 
 ind< % 
 
 I, i, &•;• 
 
 Cities
 
 2 04 ^he Civil History of Book IV. 
 
 Cities were wont to call themfelves Neapolitan Bifhops ; whence it isj that very often 
 we read in the Letters of that Pope : Epifcopis Keapolitauis. 
 
 I T could not ftretch its Borders further towards the Weft, North, or Eaft ; for 
 i\\G DukeAom oi Bencventnm being become powerful, extended its Authority over 
 all thefe Parts : Capua, with its Territory, as far as Cuma, and the Coaft which has 
 no Harbour from Minturno, Ultv.rno, and Patria, of old called Ltutcmo, was already 
 under the Dominion of the Longobards. Not long after the Lo;;_goWrfj extended 
 the Borders of the Dukedom of Beneventum as far as Salernum ; and many other 
 Cities towards the Baft, as far as Cofenza, with all the inland Towns were taken 
 from the Greeks ; and this Dukedom of Naples had likewife fallen under the 
 Dominion of the Longobards, as in procefs of Time all the inland Cities of the 
 Kingdom did, and afterwards the Maritime, excepting C^^r*?, Amalphis, Surrentim^ 
 Otrauto, Gallipcli, and Rojfano, if two Caufes had not hinder 'd it ; which were, 
 that the Longobards had no naval Forces, neither were they expert in befieging Sea- 
 Port Towns; andalfo, becaufe the Neapolitans, by reafon of their Situation, had 
 well fortified Naples, and all the other Maritime Towns fubjed to them. So that 
 Naples with itsfmall Dukedom may juftly boaft, that tho' almoft all the Cities of the 
 Kingdom had been fubdu'd by the Longobards, excepting thofe few abovemention'd, 
 yet they never could wholly lubdue the Neapolitans, tho' afterwards in latter times 
 they were made tributary to the Princes oi Rene'ventuni, as in the Courfe of this 
 Hiitorv we Ihall relate : So that 'tis an unpardonable Error in Bloudtis ', who 
 writes, that the Lo«^o^^rrfj, not long after the Government of 36 Dukes, fubdued 
 Naples. 
 
 I T was the Cuftom to fend Dukes to govern the Dukedom of Naples, either 
 diredly from Ccnftantinople by the Emperors of the Eaft, or, when NecefHty would 
 not permit to wait their coming from fo diftant a Place, the Exarch of Ravenna, 
 who was at th's Time the firft Magiftrate of the Emperors of the Eaft in Italy, was 
 wont to fend tiiem. 
 
 DURING the Government of ^r^cw/^, of which we are now treating, while 
 Mauritius rejgn'd in the Eaft, Naples being without a Duke, and Arechis, together 
 'vj\xh jirnulphus 'Duk.c of .y/)o/fro defigning to attack it, S. Gregory the Great, who 
 had the Defence of it much at Heart, and who took Care of the Intcreft of the 
 Emperor againft the Longobards, thinking that if they fhould conquer the reft of 
 Italy, which was under the Dominion of the Greeks, they might at laft fubjedl Kome 
 likewife, wrote * in the Year 592, very earneftly to John Bifhop of Ravenna, to 
 haften the Exarch to fend the Duke immediately to Naples, in order to defend it 
 again (1 the Treachery oi Arechis, otherwife it would certainly be loft. 
 
 AND from another Letter * of the fame Pope, dated in the Year 599, we 
 obferve, that not long after Maiirentius was lent to be Duke of Naples, who was Co 
 c:triful of the Prefervation of that City, that befides his having provided it with a 
 ftrong Garrifon, he oblig'd even the Monks to ftand Centinels on the Walls, with- 
 out ib much as exempting ^heodofius the Abbot, at which Gregory was much 
 gricv'd ■* ; and the lending Soldiers to lodge in a Nunnery, and conftraining the 
 Abbefs to receive them, afflidcd him exceedingly. 
 
 BUT the Emperor ilfrtKr/7/'wj being driven from the Empire in the Year 602, 
 by Phncas, who caus'd himfelf to be proclaim'd Emperor by the Army in Pannonia, 
 and being arrived at Conftantinople, was acknowledg'd there, and put Mauritius and 
 his Sons to Death ; and having lent his Pidlure to Rojne, was there likewife pro- 
 claim'd Emperor, with the Confent alfo of S. Gregory, who acknowledg'd him in 
 Ron/c, as the Patriarch Ciriacus had done in Confiantinople. Phocas then having 
 mounted the Throne, in the Room of Callinicus, who had been put in Place of 
 Romanus by Mauritius, fent Smaragdus anew to be Exarch in Ravenna ', and 
 Gondoinus to be Duke of Naples. 
 
 ON the Death of G(/?/<io/««5, Phocas Cent Joannes Compojinuf, aConftantinopolitan, 
 to be Duke oi Naples, who, breaking his Faith to his Prince, endeavoured to make 
 himfelf abfolute Lord of the City committed to his Charge ; Phocas was put to 
 
 ' Blond. Decad. I. hift. lib. 8. I ' Ep. 74. lib. 7. Ind. 2. 
 
 '■ S. Greg. M. lib. 2. Ind. 10. epift. Jl. Cam. j * Ep. io7- Hb. i. Ind. 2. 
 Pel. ill Diflert. de Due. Ben. pag. :j2. • ' Marq. Freher. in Cron. Exarch. Rav
 
 Book IV. the Kingdom of U A P L II S. zq5 
 
 Death in the Year 6io ', and Heraclhis his Competitor fuccccdcd in the Empire ; and 
 the People of R.aveii>ia, not being able to bear the Pride and OpprefTion of 'Joannes 
 Lemigms ' the new Exarch, who had been lent to Raveiin.; b)- Hcrjclnis^ m the 
 Year 612, took Arms, and tumultuoully went to the Palace, where they kill'd him, 
 together with his Judges. This Fadt coming to the Knowledge of Joannes Con/po- 
 fiiius, Duke of X.rples, he thought he could not have a more fit Opportunity lor 
 making himfelf Mailer of theCity; whereupon he immediately pofTefs'd himfelf of it, 
 and pro\idcd it with a ftrong Garrilbn againft the Torces which he was afraid the 
 Emperor Heraclitis would lend againll him, who in EfFedt, being appriz'd of the 
 Mutiny in Ravenna^ and of the Rebellion of Con/pofinns, immediately fent B/en- 
 therius ', a Patrician, and Gentleman of his Bedchamber, a gallant and wife Man, 
 to be Exarch in Italy. He having quell'd the Mutiny in Ravenna, went with a 
 fufficient Army to Naples, into which he fought his way, and kill'd the Tyrant, and 
 reducing it as it was formerly under the Dominion of Herat litis, and appointing a 
 new Duke, return'd to Ravenna Viftorious ^ 
 
 THE Opinion of Summontes, or what he fuppoles, is not probable ^ that the new 
 Duke left by Eleutberius in Naples, was that Theodore who is faid to be the Founder 
 of the Church of S.S. Peter and Paul, now fituated in the Quarter of Nido; for the 
 Greek Infcriptron v/hich was upon a Marble Stone, and in which Theodore Conful 
 and Duke, was named as Founder of that Church, bearing Date of the fourth 
 Iiididion, falls much lower, to wit, in the Year 717, in which Time this Duke 
 govern'd, as has been obltrv'd by Men of Worth j on the contrary, 'tis true, that 
 Eteuthertus was lent to Ravenna by Heraclhis, in the Year 616, where he held the 
 Exarchate little more than two Years ^ for in the Year 619, JJaiciis a Patrician was 
 fent to be his Suct-eflbr '. 
 
 THE Fables which our Modern Writers have invented concerning this Rebellion 
 of iC(??;?/)c»^W«5 are liirprLzing ; they fay, that this Duke, after he had poflel's'dhimlelf of 
 Ndples, made himldf Mafter alio of Puglia and Calabria, and of other Places of our 
 Kingdom : That moreover he caus'd himfelf to be crown'd King of chem ; and that 
 he went firft to Ban to be crown'd with the Iron Crown, and afterwards to Naples 
 to receive tire Golden one ; and that therefore he was the firft who had ufurp'd the 
 Title of iKiiig of Naples ; adding, that the Normaus, afi:er the Example of this firft 
 K-ing of Naples, -would like wife he crown'd at Ban with the Iron Crown, and in 
 Palerpio with the 'Golden one '^. All which are Di'eams of weak Men ; for Conipo- 
 fini'.s w^s never Mafter of P«^//rt and Calalria, nor other Provinces, which for the 
 flooft Pait at diis Time were under the Dominion of the Lcmgobards. He invaded 
 N^iples only with its Dependencies ; Paul li'arnefrtde"' relates, that a few Days after 
 ^ was driven oat of it by Eleutberius a Patrician. 'Tis not likely he could do 
 great feats, while -not only the Greeks, but liiJewife the Longobards were very 
 powerful; Neither do we e\'er read in Authorsof any Account, that he made him- 
 felf to be crown'd King ; and 'tis yet more ridiculous to lay iliat he went to Bari to 
 take the Iron Crown, and afterwards to Naples, that of Gold ; what is related of 
 that Coronation at Bart with Iron being altogether fabulous, and never praftis'd 
 (by any of our Kings, as ihall be clearly feen in the following Books of this Hiftory. 
 
 ' P. Pagi de CoiiruUb. pag. 542. 
 ^ Marq.,Freher. loc. cic. 
 ^ Ibidem. 
 
 * Anaftaf. Jlibliothec- in Deusdedk. 'Gam. 
 Pel. in Diirert.de Due. Ben. pag. 33. 
 
 ' Marq- Freher. Ipc. clt. 
 
 ^ Bcacil. hlft. Bar. p., I*. ,hift. S. NIc.:}Ib. 11. 
 
 ' War. lib. 4. cap. ,10. 
 
 lii CHAP.
 
 20^ 
 
 The Civil History of 
 
 Book IV. 
 
 CHAP. V. 
 
 Of Adalualdus and Ariovaldus V. and VI. Kings of the 
 
 Longobards. 
 
 ^^^ H E Dominion of the Greeks in Italy being already reduc'd to a very 
 low Ebb, the Longohards under their King Agilulfus, attempted to 
 make an end of driving them intirely out of the Countries they 
 *S>" were in PofTeffion of; and what contributed very much to it was, the 
 ^^ Longobards for the moft Part (after the Example o? yigilulfus') having 
 forfaken, fbme of them Gentilifm, and very many Arianifm^ had embrac'd the CathoJick 
 Religion, which made them lels odious to the People, and their Government more 
 tolerable. In efFedl, the Peace which the Kingdom enjoy 'd for fb long a Time, was 
 owing to Agikilfus^ who was the firft King of the Longobards that embrac'd this 
 Religion, and during all the Courfe of his Life, left Monuments of much Piety and 
 IMunificence towards the Churches and Monafteries : He being dead, Adalualdus his 
 Son fu'ceedcd him, who had been his Collegue on the Throne while alive ; and 
 foUowingthe Footiteps of his Father, andmuch more thofe of his Mother 7'/:'d?orf(j//W<7, 
 whom he would have to be his Copartner in the Government, brought the Affairs 
 oi tht Longobards to fuch a peaceable and quiet State, that noNoilcof War difturb'd 
 their Repole ; and under them the Churches were repair'd, and many Donations 
 given to holy Places '. \ 
 
 BUT Adalualdus did not long enjoy fb great Profperity, for in the eighth Year 
 of his Reign, the Emperor Heraclius having fent to him a certain Eufebius, his 
 Ambaflador, for treating of Peace and other Matters of Importance ; this Man, 
 either of his own Head, or by Order of his Matter, while the King was coming 
 out of the Bath, prefented to him a Drink as wholefome for him ; which he had no 
 fboner drank, than he loft his Senies, and became foolifh ^ ; which the cunning 
 Eufebius perceiving, gave him to underftand, that for his greater Security he ought 
 to caule the moft powerful of the Longobards to be put to Death ; which Advice, 
 being young, and a Fool, he embrac'd, and immediately caufed to be put to Death 
 twelve of the Chief Nobility ; which the reft of the Longobards perceiving, and 
 feeing thcmlclves in the fame Danger from his Folly, made an Infurredtion, and 
 proclaim'd him Impious and a Tyrant, and dethroning both him and the Qiieen 
 T'hcodol.'iida, his Mother, put Ariovaldus^ Duke of Ttirin in his Room, who had 
 for V<\ic Gundeberga^ S\i\Gr of Adalualdus. 
 
 THIS Adventure divided the Longobards into two Factions ; Ariovaldus \va» 
 fupported by thofc Nobles who had made the Infurredtion, to whom all the Bifhops 
 on the other Side of the Po join'd, who with all their Might endeavour'd to increaie 
 their Party ; Adalualdus on the other hand was afllfted by Honorius Pope of Komey 
 who had ftrong Rcafons for fupporting him, as well on account of I'heodolinda^ to 
 w'lof^ Piety the Catholick Religion was much indebted, as becaufe Ariovaldus was 
 abhorr'd by the Catholicks for being an Arian, in which Hercfy he was born and 
 brought up ; and lb great were the Pains which Honorius took, that he likewife 
 brought over Ifa/cus, at this Time Exarch in Italy, to his Party, and with a powerful 
 Army oblig'd him to rcftore Adalualdus to the Throne. He aUb got the Bilhops 
 
 Wtrncf. lib. 4. cap 15-. 
 
 Sigon. ad An. 62; 
 
 who
 
 Book IV. z/:?^ K I N G D o M 0/ N A P L Ti S. 207 
 
 who favour'd Ariovaldtts to deftrt him, by threatning that he would not let fuch 
 Treachery pals unpunifh'd ; but IJaicus not having accomplifh'd his Undertaking, 
 and Adalualdus dying opportunely of Poifon, Ario'valdtts at laft obtained the King- 
 dom, who being odious to the Catholicks, occafion'd no fmall Difturbance in Italy. 
 
 NOT many Years of this Reign had pafs'd, when I'beodoliiida feeing herielf fb 
 defpicable, and without all hopes of recovering her former Royal Dignity, full ot 
 Anguifh and extreme Grief, died in the Year 627. A Princels, both for the excel- 
 lent Endowments of her Mind, and her fingular Piety, moft worthy of Praifc and 
 to be numbered amongft the moft iliuftrious Women in the World, and w ho did not 
 deferve to be put in the Novels of the Decameroti oiyohn Boccacio '. 
 
 AKIOJ'ALDUS reign 'd other nine Years after the Death of 'tbcodolinda^ and 
 died without leaving Male Children, in the Year 636; for which Caufe the LongC' 
 bards having calFd together the Dukes, thought of chufing a new King, and not 
 knowing whom they could rai{c to that Dignity, gave to Gundeberga, as they had 
 formerly given to Tbeodolaida, the Power of making him King whom fhe fhould 
 choofe to be her Husband. Gimdeberga, like a moft prudent and wife Lady, chofe 
 Kotaris Duke o( Brefcta for her Husband and King, in the fame Year 636, accord- 
 ing to the Computation of Pellegrinus. 
 
 Boccacio Gior. ^. Nov. 2. 
 
 CHAP. VI. 
 
 Of King Rot ARTS VH. hy fwhom the Laws of the Longobards 
 
 in Italy were put in Writing. 
 
 Wjp T'ARIS was a Prince moft valiant, and of confummate Prudence, 
 but efpecially a great Lover of Juftice ; and if any Blemilh obfcur'd 
 his Worth, 'twas his being ftain'd with the Arian Herely ; whence in 
 his Time, in many Cities of Italy there were two Bifhops, the one 
 Catholick, and the other Arian '. 
 
 THIS was the firft Prince who gave written Laws to his LotisO' 
 lards % by whofe Example the other Kings his Succeffors being mov'd, in length 
 of Time there appear'd a new Volume of Laws, call'd the Longobard Laws, which 
 had once fuch an Alcendant in our Kingdom, that the Roman Laws were forced to 
 give way to them. But before we mention the Longobard Laws, it will be requifite 
 to look into the Condition the Roman Jurifjjrudence was reduc'd to in Italy^ and 
 thefe our Provinces, during the Reign of this Prince, and thofe of the Kings his 
 Succeffors, and in what Books it was comprehended. 
 
 THE Emperor Jnflinian^ tho' he had taken Care to have his Volumes fpread 
 over all Italy^ and had ftridly commanded, that, all others being aboli/h'd, thefe 
 only, with his Novellx Conjlitutiones, fhould take Place j nevenhelefs their Authority 
 expired almoft with himfelf ; for he was no fboner dead, and fucceeded by Jnftniy a 
 moft foolifh Prince, than Italy fell anew into the Hands of Strangers ; and, excepting 
 the Exarchate o? Ravenna, the Dukedom oi Rome, and thofe fmall ones of Naples y 
 Gaeta, yimalphis, and other Maritime Cities of Puglia, Calabria, and Lucanta, the 
 
 ' Warnefr. lib. 4. cap. if, 
 
 ' Ibid. hid. Long. lib. 4. cap. i/. 
 
 Longobards
 
 2o8 y^^ Civil History of " Book IV. 
 
 Lm^ohSirds were Mafters of all its other Provinces : The other Emperors who fuc- 
 cceded Jiijiin, being at very little Pains to recover them, and at much Icfs to reftore 
 the Laws oijttftiiitm ; alio there were not wanting lome of them, as fliall be told 
 in its Place, who either out of Envy, or Emulation, cndeavour'd even to extinguifii 
 them in the Eaft altogether. Befidcs it may be added, that among the Longobnrds^ 
 by reafon of the continual Wars kindled betwixt them, the Name of a Greek was moft 
 abominable, and all tiiat proceeded from them, was with the greateft Averfion 
 fejedcd and aboliflicd ; whence, altho' it was allow'd to the Inhabitants to make 
 ule of the Kowan Laws, and to the Komans to live under them, neverthelefs they 
 were to ftick to the I'hcodo/ian Code, which was in greater Eftcem amongft the 
 Longobc.rds than the 'Jufiinlan '. 
 
 TO which was added the Example of the N'eftrcgoths, who at this Time reign'd 
 in Spain; who being fatisfied with the Code made by the Order o( yllarick, and 
 the new Compilation of the Laws of the IVeftrogoths^ in imitation of that oijtijtmian^ 
 did not acknowledge his Books. 
 
 - W H may likewife add the Example of the French, who until the Reign of 
 Cbiirles tbe Bald, did not acknowledge other Koman Laws, but thofe which were 
 contain'd in the 1'heodofian Code, or its Compendium made by Order o( y^larick '. 
 So Charles the Great himfelf, defirous to reftore the Konian Jurifprudence, which in 
 his Time was rcduc'd to a very lamentable Condition, negledted the Books of 
 Jufttniaii, and fet about reftoring and amending the 'theodofian Code, as thefe 
 Words join'd to the Commentary of y//^r;V^, which is put at the Beginning of the 
 7'heodojian Code, demonftrate : Et iterum Anno XX. Regnaiite Carolo Rege Franc. 6^ 
 Longobard. & Patritio Romano. And fo great was the Care of this glorious Prince, 
 and the Regard he had for this Code, that he cauled many of its Laws to be infcrted 
 into his Capitularia '. 
 
 I N the Reign of Charks tbe Bald, 'tis evident, that Trance began firft to ap- 
 prove of the Laws oijtiftinian, as the Authors of that Age teftify, who often quote 
 his Laws, but never mention the ^heodo/Ian ; thus Hincmare of Rheims : Et Sacri 
 Africce Provincice Canones ; £^ lex Jufiiniana decernv.nt •\ and elfewhere ', Leges 
 Jufliniani dicunt. Which may be gathered from what Joannes Italus * wrote con- 
 cerning Abbo, Father of Odo ofCliiny, who, ytifltniani Kh-vellam viemoriter tenebat. 
 Altho' there are not wanting Authors in the Times following, who likewife made 
 life no lefs of t^^. Books oi Ju^inian than of the 1'heodofian I^aws, as Ivo of 
 Charttes % Gratia)i\, ahd others did. 
 
 I N Italy the Popes ftudied folely to maintain the Authority of the Jiijlinian 
 Laws, and thole of the other Emperors of the Eaft, for which they hadf a great 
 Regard and Veneration. Their Defign was to fupport with all their Might the 
 Authority of the Grecian Emperors, by acknowledging them for Sovereigns, that lb 
 they might coufitefballance the Power of the Lengobards, and by that Means keep 
 //rt/y divided betwixt two equal Powers, to the end, that when the one incroach'd 
 •upon the other, Rc-w^e might not fall under the Servitude of either of them. The 
 Popes ^ov'd the Empire of the Greeks beft, becaufe they being at a Diftance were 
 not in a Condition to beftow much Time in hindering the Progrefs and Defigns 
 they had of making themfelves Mafters of Rowe ; and therefore when the Longo- 
 bards'^tw lb powerful, as to make them afraid left they fliould polTels themfelves of 
 that City, the Lois of which would have been their Ruin, they immediately had 
 r^COtirlc to the Greeks for their Altiftance to oppofe them. In eflfeft, S. Gregory ths 
 ijreat, as is ftid, was very much agai'nft the Greeks being toully driven out of Italy : 
 He had the Laws of the Emperors of the Eaft in great Veneration, and efpecially 
 thofe o'iftiflinian, which he often made ufe of, and moft frequently of the Novella, 
 as is manifeft from Gratian, and the Decretals *. Which Cuftom his Siicceffors 
 rctain'd afterwards, and amongft the reft Gregory III. », Nicolas I. Lucius III. 
 Jrjhn VIII. "■, and Others related by Dadiuus Alteferra ". For which Caufe Leo IV. 
 
 ' Goroff; in Proleg. ad God. Th. 
 
 * Altef. rer. Aquican lib. g. cap,<J' 
 
 . ^ tapitulat. CafolIM: tap. i$.4. AdJit. & 
 cap. iSi. lib. <S. 
 
 ' 1 liiicinar. Rem. ep, 7. 
 
 ' Ibid. inOpulc. adv. Hinc. Laudonenfem. 
 
 * Jo. Ital. in vita S. Odon. Abb. Cluniac 
 Altcl'. loc. cir. pag. 159. 
 
 ' IVQ tpirt. 112,' ilJ, iSO. 
 
 ' Gregor. lib. ii.Epift. fi, r^. 1. 11 . Novel, 
 izj. Gfat. c. gS. c. Ji. q. 1. & c. 1. dc Tcftib. 
 c ult. Nov. 90. V. Altrcr. Aquit. c. 16. pag. 
 219, 2io, & 228. 
 
 ^ Gr£g. lit. cap. Laroi. de Pjgnorib. 
 
 '* Jo. VIII. Can fin. 16. q. g. leu yenerands 
 Rom. leges, Sec. 
 
 " Altel". loc. cic- pag, iij 
 
 following
 
 Book IV. the K i n c n cm of NAPLES. ib9 
 
 following the Footfteps of his PredcceflTors, wrote that Letter which wc read m 
 Gratian ', to the Emperor Lothatre I. in which he intreats him to prelervc the 
 Roman Laws : Vefiram fiagttahiits Clenieuthvn^ iit fciit Lnffeniis Kotihvia lex fiq-uit 
 abfquc tawverfis procell:s, & pro v.uUhts perfona honitnis remiutfcitur cJJ'e ccniipta ; jta 
 nunc Jiiuat robiir, pyopriiwiquc ligorcin obtineat : whence Ivo of Cbjrtns ' laida 
 Dicunt eiiim hifiitutct leguui Novcllanw/, quas coinimndat , & Jcr'vat Kciikina Ecckfta : 
 And the Ecclefiafticks, both in computing the Years that made them capable of 
 Orders, and in many others Things, have follow'd the Kohian Laws ; whence the 
 Books of JujUnian in thefe Times had more Force and Authority in the Koman 
 Dukedom, than in any other Part oi Italy, and the fame as in Kavcnna ^ the Scat of the 
 Exarchate of the Greeks ; whence 'tis related •*, that that Volume of theDigefts which 
 is now call'd Infortiatum, to which the People ot Kaveuna had recourfe for deciding 
 their Caufes, was long preferv'd in this City : So that with good reafon Ilerniandus 
 Conrnigius concluded % that in Italy, before Lothaire IL Juris Komani B quidein 
 viaxime Jufaiiianei, iifiis aliqiiis arbitrarius fuperfiiit exiguus ubivis ; frequent icr 
 taiiien R-Oiiix, inque aliis Exarcbatus locis, quam in Regno Longobardko, No'vellarum 
 prxcipua futt auihritas in rebus Eccleftafticis nounhllis. 
 
 BUT the Longobards by reafon of the obftinatc and cruel Wars which they had 
 with the Greeks, altho' they allow'd the People to retain the Roman Laws, as the 
 Gctbs had done, yet would not fuffer any other Books but the I'bcodofian Code, and 
 the Compendium o( Alarick to be learned, or to have the Force and Authority of 
 Laws, imitating alfo in that the Pradice of the Gotbs ; neither hitherto for the Space 
 of fixty Years that they had been in Italy, had they any written Laws of their own *, 
 but govern'd themfelves only according to their Ciiftoms, and the Inftitutions handed 
 down to them by the Tradition of their Forefathers, which they obferved very 
 religioufly. 
 
 RO TARI S then was the firft, who having mounted the Throne, and inlarged 
 his Kingdom by the Conqueft of the Alpes Cottix, and Odcrzo, thought of giving 
 written Laws to his Lcngobards. 
 
 THE Method which the Longobard Kings took for eftablifliing their Laws, is 
 fb much commended by Hugo Grotius ', that he prefers the Longobards in that to 
 the Romans themfelves: Thefe often receiv'd Laws from the \Vill of one fingie 
 Perfbn, which he alter d and chang'd at his own Pleafure j fb that whatever pleas'd 
 the Prince had the Force of Laws. On the contrary, the Longobard Kings did not 
 afTume that Power to themfelves alone, but took the Opinions and Advice of the 
 principal Lords and Barons of the Kingdom in eftablifhing Laws, and the Order of 
 Magiflrates had likewife their Share in them ; neither were they eftablifh'd but in 
 publick AfTemblies conven'd for that end, into which after the manner of the 
 French they did not admit the Ecclefiaftical Order, but that of the Lords and Magi- 
 ftrates only ; neither did the Commons with them make an Order apart, but as 
 Cafar wrote of Old Gallia, Plebs pLmi fervorum babebatur loco, quae per fe nil aiidet, 
 milltqiie adhibetur concilio. 
 
 ROI'ARIS having then, according to the Epocba o£ Crmillus Pellegrinus, in 
 the Year 644, fummon'd a Diet in Paniia, in which the Lords and Magiflraxcs 
 aflifted, enafted many Laws which he had caus'd to be committed to Writing, and 
 inferted in an Edicft which he publifh'd overall his Kingdom, after the fame manner 
 that I'beodnrick the Ojlrogoth had done, when he publifh'd his over all Italy, of* 
 which we ha\'e made mention in the preceding Book. Amongfl the other Monu- 
 ments of Antiquity, which are preferv'd in the Archives of the Monaflery of the 
 Trinity of the Cave of the Order of S. BenediCf, which next to that oi" Alonte Cafino 
 is the moft ancient we have in the Kingdom ; there is a Parchment Code, which 
 with our own Eyes we have carefully obferv'd, written in Longobard Letters, 
 wherein not only the Edids of the Longobard Kings (beginning from this RotarisJ 
 but likewife of the French and German Emjicrors, who were Kings of Italy, are 
 inferted. In this Edift of Rotaris, after the Preamble, which is alfb tranfcrib'd by 
 Stgonius ' in his Hiflory of Italy, we read the Titles of each Chapter, and the firu 
 
 ' In Decret. Grat. did. 15. c. i;. Altef. 
 rer. Aquit. lib. 5. c. 14. 
 '■■ Ivo, ep. z9o. 
 
 • Baldum. in Proicg. Comment, in Inftitut. 
 
 * Arth. Duckde ufu Jur. C'lV. 1- i- c f. n- ii. 
 
 ' Conring. deorig. Jur. Gcr. cap. 20. 
 
 * P. Warnci-r. lib. 4. cap. 44. 
 
 ' Grot, in Prolcg. ad Iiift. Goth. 
 
 ' Sigoii. de R. Itjlia;, lib. i, ad A. 64;. 
 
 K k k begim :
 
 The Civil History of 
 
 Book IV. 
 
 ito 
 
 becins- Si quis homlmm coiiira amniavi Regis cogita'verit ; which being ended, the 
 Conciufion of the Edift follows thus, Pvcefentis too Difpo/itionis mjlrx FJicitim, 
 &c '. After follow the Laws or Chapters, according to the Number of the pre- 
 ceding Titles, and this Edid contains Three hundred and Eighty-fix Chapters or 
 Laws^ The Compiler of the three Books of the Lougolhvd Laws, which are now- 
 printed in the \'olume oVJufltninns Novellx, took the Laws, of which he compos'd 
 almoft intirelv the firft and fecond Books, from the Bdift of Kotaris ; and wc read 
 two or three 'of them in the Third, of which we fhall difcourfe more at length, when 
 wc come to treat of the Compilation of that Volume of the Laws oi the Lougobttrds. 
 
 THE Example of Rotdris was afterwards followed by the other Longohard 
 Kings his Sncceifors, fuch as Griir.oaldus, Lmlpnwdus, Kacbis, and ylfiolpbus ; but 
 of ail thefe Kings none left fo many Laws as Rotaris, the Number^ of them, as we 
 havefaid, amounting to 386. He caus'd his Edift to be publifh'd this Year 644, 
 which was the eighth of his Reign, over all the Provinces which were under his 
 Dominion, and cfpecially in the Dukedom of Beue-ventinn, which having very much 
 extended i'ts Bounds, was reputed the largeft and moft noble Part of the Kingdom 
 of Imly. 
 
 • The Conciufion of this Edlft we likewlfe read in Sigonlus loc. cit. 
 
 CHAP. VII. 
 
 0/ Ajo and Radoaldus III. and IV. iDukes o/Beneventum. 
 
 H E Dukedom of Bemtentum was govem'd by Ajo the Son of Arecbis, 
 who died in the Year 641, and had aflbciated him in the Govern- 
 ment fi\e Months before he died ' i but the Father being lenfible of 
 his weak Underftanding and Incapacity for fuch a Charge, recom- 
 mended him on his Death-bed to Rc.doaldus and Grimoaldtis^ both of 
 them Sons of Gifulphus^ formerly Duke of Friuli, and who had been 
 brought up and kept at his Court. Thcfo were lov'd by Arecbis as his own Sons, and 
 whom he had appointed to fucceed in the Dukedom upon the Failure of Ajo. While 
 the Dukedom of Beucventuni w^s govern'd by Ajo, under the Direction of thefe 
 two Brothers, the Sclavouiaiis made their firft Appearance in thefe our Provinces. 
 
 THE Sclavonians were originally of the Eiircpean Sarmatia, on both fides of the 
 Bcryfibenes ; w ho after the Example and Manner of the other barbarous People, 
 advanced to the Banks of the Danube, and pafs'd it under the Empire ofjiiflintan *. 
 Afterwards having fallen upon Illyrianh, at laft they poffefs'd themfelves of a great 
 Part of it, particularly that which lies betwixt the Dravc and the Sanje towards the 
 Weft, call'd to this Day by their Name Sclai'ouia. 
 
 THESE filling down from Daliiiatta, which they had already pofiefs'd them- 
 feUes of, and landing at Sipontiim, began to ravage our Puglia. Ajo hearing of the 
 Irruption of the Sclavonians into Puglia, which had been for the moft Part join'd to 
 the Dukedom of Bcucvcnttnn, gathered together the beft way he could, fbme Troops, 
 while Kodoaldiis was abfcnt, and went immediately to fight them ; but having ingag'd 
 them near the River Ofanto, fell into a Ditch, where the Sclavonians kill'd him '. 
 
 ' VVarnefr. lib. 4. cap. 15-, 
 ' Pfocop. dc Bell. Got. 
 
 ' Cam. Pel. in DjlTcrt. Cu;. Ben. p /4. 
 
 Ajo
 
 Book IV. 
 
 the K I \' cr D o M of H 'h\^ Lh b. 
 
 11 1 
 
 Ajo held the Dukedom of Bcne-veutiim one Year only, befides the five Months htf 
 reign'd with his Tather ; but after his Death the Sclavonians triianpliiiiw on account 
 of the Viftory they had gain'd, Rodoaldiis coming opportunely upon them with a 
 ftrong Army, and incredible Valour, overthrew and difperfed thert ; and after 
 having fo gallantly rt\eng'd the Dcich of .f/o, he with his Brotlicr Grh/'oaldus, 
 took Pofleffion of the Dukedom o^ Be::eiemnui^ according to the Appointment of 
 Arecbis^ who had left them to fucceed himfelf and Son. 
 
 THESE two Princes governed the Dukedom of Beve^rtitini/ five Years. Kado- 
 aldus invaded other Provinces lielonging to the Greeks^ and carried his Arms td 
 Snrrenttini, which City he befieg'd, and endeavour'd to take it by Aflault • but thd 
 Siiri-eutins, encourag'd by their Bifhop Agc.p:tiis, repulfcd him ; whereupon he rais'd 
 the Siege, and Snn-cntiiin was freed '. 
 
 WHILE thcle Princes govern'd the Dukedom of Beue'ventum, the new written 
 Laws of the Longohards publifh'd by Kctans, with his abovcmcntioned Edidl were 
 known for the firfl- Time in thel'e Provinces, which now make up our Kingdom : 
 So that the Cities of our Kingdom which were comprehended in that Dukedom, 
 and our People, altho' they iiad been made folely by the Longobards^ began by 
 Degrees to learn thcin, and to accuftom thcmlclves fo much to them, that in the 
 liicceeding Times the Roman Laws were forc'd to give way to them, and were only 
 obferv'd as ancient Cuftoms by the Commonalty, who arc the laft in leaving off 
 the Laws and Cuftoms of their Forefathers; as we fhall fie anon. 
 
 KADOA LDUS having died in Bcne-ventiwi^ in the Year 647, Grimoaldui 
 his Brother continued to govern alone ; he held the Dukedom fixteen Years, with- 
 out including the five he had reign'd with his Brother. 
 
 ' A£ta SS. Agaplt. & aliorum Surrent. apud Ughel. de Archiep. $urrcnt. 
 
 CHAP. vin. 
 
 Of Grimoaldiis V. Tiuh of Beneventum 5 of the Wars which he. 
 had with the Neapolitans 5 and the IJeath of King Rotaris. 
 
 g^£ li R / MOAL D US V. Duke of Betievctjtiirii, was a Prince fb daring, 
 
 ^^ and of fo great a Spirit, that not content with having extended the 
 
 Bounds of his Dukedom, and obtain'd many Victories over the 
 
 Ner.politavs and Greeks ; he alpir'd ftill at more glorious and noble 
 
 Enterprizes, till at laft it was his Fate to be exalted to the Throne, 
 
 and after he had govern'd his Dukedom fixteen Years, he reign'd 
 other nine over the Kingdom of //r?/j. 
 
 WHILE he was TtukecS Bcjievcntitm^ he was often at War with the A'^.t/Jo//-' 
 tans ., and 'tis faid to have fallen out at this lime, what PiV.l Ifaruefride ' relates, 
 that he hindred the Greeks from pillaging the Cathedral Churth of St. Micbae!^ 
 fituatcd in Mount Garganus^ by intirely defeating them. 'Tis likewifc faid,' that 
 fifteen Years after, when he had already mounred the Royal Throne in Pf?i7.?, he 
 had another Vidiory over the Neapolitans ; and that they being touchd at the Heart, 
 on account of fuch a Calamity, chang'd their Rcl-gion, and of Heathens bccan-.c 
 
 Paul. Warn, lib. ;;, cap. 16. 
 
 Chriftians,
 
 2 1 1 The Civil History of Book IV*. 
 
 Chriftians, as the Author of the Angelical Apparitions ', and the Unknown Monk 
 of C.^fiuo relate '. 
 
 BUT feeing thefe Adveiiturcs arc varioufly reported by Writers, fome afcribing 
 to the Saracens, .what Paul imputes to the Greeks ; while others, by a manifeft 
 Auacbronifm, carry back thcfe Events to the Times of 'tbeodcruk and Odoacre, 
 when the Loiigohards were not as yet known in Italy ; and others with more Truth 
 attribute them to the Longcbards ; therefore it will be neceflary to fhew more at 
 large, that it was neither the Greeks, Neapolitans, nor the .Saracens who pillag'd 
 that Church", but the Longobards ; and that the Con\erfion from Gentilijm to 
 Catholicifm which is attributed to the Neapolitans, ought to be aftrib'd to the 
 Longobards of Bcneventuin, and not to thofe. 
 
 MOUNT Garganus, fituated in Ptiglia, above SipoJititm, over-againft the 
 Dioviiedean Iflands, in the Upper Sea, now call'd I'remiti, a Name likewife very 
 ancient, and made ufe of hy Tacitus ', was firfl made famous by J^rrg/l and Horace ; 
 but afterwards, in the Time of Pope Gale/Jus I. was much more rcnown'd by the 
 miraculous Apparition of Michael the Archangel in this Place; and after rht Goths 
 were driven out of Italy in the Reign of the Emperor Jnfttnian, by Means oi Beli- 
 Jaritis and Narfes, when it was reftor'd to the Empire of the Eaft, the Veneration 
 of the Greeks for this Saint was incredible. There was not a City either in Greece or 
 Italy, that did not build Temples, and dedicate Altars to him. Procopius " relates, 
 that Jitftinian in the City of Conjlantinople alone, ereded many Temples to him, 
 and rebuilt others that were old ; whofe Example the Greek Cities in Italy follow'd. 
 In Naples efpecially, they had a wonderful Veneration for him ; they ereded a 
 Temple, which afterwards in the Time of Gregory the Great, they dedicated to him 
 after the Rites of the Church of Koine • and the fame Pope makes meiition of this 
 Dedication in one of his Epiftles '. The fame is faid of many other Greek Emperors, 
 particularly Heraclius, who inrich'd that Sanduary with many valuable and precious 
 Donations : So that 'tis not to be doubted, but the Neapolitans being a long time in 
 Conjunftion with the Greeks, had an equal Veneration for this Archangel ; and to 
 impute Infidelity and Idolatry to the Neapolitans of thefe Times, is fo grols an 
 Error, that the Chronology of the Catholick Bilhops of this City alone, and what 
 is related in the preceding Book, are fufficient to make it manifeft, and put it out 
 of all doubt. 
 
 O N the contrary, 'tis moft certain, that when the Longobards retook Italy from 
 the Greeks, they profefs'd no other Religion but Paganifm and Arianifm ; and 
 altho' in the Reign oi Agilulfns, many of the Longobards, after the Example of their 
 Prince, had forlaken Arianifm and Idolatry ; yet neverthelels the other Kings his 
 Succeflbrs perfevering in Arianilm, was the Occafion that the Longcbards, and 
 particularly thofe of Beneventum, return'd anew to their firft Errors, which they 
 did not altogether abandon until the Year 663, when the Emperor Conftans, by the 
 Means of S. Barbatus, Bilhop of J5^;;ea'f«?w//, was defeated ; and then it was that they 
 embrac'd the Catholick Religion, as we (hall fhew by and by. 
 
 AND befides 'tis moft evident, that all who confider attentively the Hiftory of 
 the Longobards, written by Paul IVarnefride, who was a Longobard, will fee, that 
 he has endeavour 'd all he could, as well as all the other Writers of his Nation, to 
 cxcufe his Countrymen from the Blemifh of Infidelity, and the Errors of Arius -, 
 and rather chufes, in all the Courfe of his Hiftory, not lb much a^ to fpeak of the 
 Religion of this People, nor their Converfion to the Catholick Faith by means of 
 S. Barbatus, on purpofe that he might not be oblig'd to mention their old Errors, 
 which Pellegrinus very carefully has obfcrv'd *. 
 
 SO that there are many Things in his Hiftory laid to the Charge of the Greeks, 
 which were committed by the Longobards, which Cardinal Baronius likewife rightly 
 obfcrved ' : And this very Fa6l is a moft clear Document ; feeing 'tis altogether 
 incredible, that the Greeks, who had (b great a Veneration for that Sanduary, could 
 
 ' A£\a Angelicx Apparir. apud Surium, 
 torn. f. pag. ?22. 
 
 '■ liiftoriaitrnoti Monaci CafUn. in Cam. Pel. 
 hift. Princ. Long. par. 1. pag. 97. 
 
 ' T«cit. - • - Juliam Augufti iieptcm aJulterii 
 convlft*in) proj<;itain abeo I'uiiTc inTulam Tre- 
 
 metum hand procul Apulis iltroribus, ibique 
 20 Aunls cxiliuni tolcradb. 
 
 ■* Procop. lib. I. dc /€dific. Juft. Imp. 
 
 ' Epift. If- lib. 7. ind. 2. 
 
 " t am. Pel. ia diffcrt. fines Due. Benev. ad 
 Seprcntrionem- 
 
 ' Baron, ad Ann. fS)*. num. 2, 
 
 ever
 
 Book IV. the Kingdom of }^ A? LJIS. 215 
 
 ever have had fo wicked Inclinations, as to think of pillaging it, as he fays, and 
 thereupon come to Blows with the LoHgoOcirds, who drove them awa\' fi-om com- 
 mitting lb execrable and facrilegious a Crime. We are to believe the Fad was quite 
 otherwifc, and ]ui\. as PellegriuKs ' defer ibes it, to wit, that the Z-o;/^^oZ'.'?;-i/j contend- 
 ing with the Greeks for the PofTcfnon of that Place, after a long and'obflinate Battel, 
 at laft overcame the Greeks ; and as they had been accuftom'd to perpetrate fuch 
 Wickednefs already, in Monte Ca/ino^ under Zc/o, fo they defign'd to commit the fimc in 
 Mount Gcirganus, under Grirnoaldtis, by pillaging that Sandluary, which being inrich'd 
 by fundry i3onations of the Greeks, had allured their Rapacity to commit that Sacri- 
 lege. And in efFedt, fi'om the Acts of S. Barbatiis, '&\{hoip oi Beiievetum^ which 
 before they were printed, were preferv'd in the Monaftery of the Monks of S. John 
 the Baptijf, in the City o( Qviipaiiia, and which were afterwards publifh'd by Joanuei 
 Bollandiis % with his Notes, part of which is likewife now to be fccn printed in 
 Odavo, by Fcrdiiundus Ugbellus \ we clearly perceive, that that Cathedral was 
 adually pillag'd at that Time : So far was it from being prevented by the Longohards 
 of Beuevenftim, that it remain'd abandon'd and defolate, ut nee jedulum itltc 
 Officium per/olv! pojjit, as S. Barbatiis lays. It was not rcftored to its ancient Liiflre 
 till fifteen Years after, when Cvnftans was driven out by the Longohards, who by the 
 AfTiftance of Barbatus cmhrac'd the Catholick Religion, and relinquifh'd their 
 Infidelity j which Converfion the Author of the A6ts of the Angelical Apparition, 
 likewife a Longobard, was alfo pleafed to apply to the Neapolitan Greeks, as we fhall 
 lee anon ; which will the more confirm what we have now faid. 
 
 AND for the lame Realbii, they are likewife in an Error •*, who would impute 
 to the Saracens, that which Paul IFarnefride relates of the Greeks, to wit, that 
 Grmoaldus in the fame Years of his Government had fought on Mount Garganus 
 with the Saracens, who defigning to have pillag'd that Sanduary, were by him 
 defeated, and put to the Rout ; for this War was betwixt the Longobards and the 
 Creeks, as IFarnefride writes, and not with the Saracens, who at that Time had not 
 as yet come to ravage thele our Pro\inces ; and when they did come, it was not to 
 Garganus, where they never fix'd themfelves till the latter Times, but to Garigltanc, 
 where, fiia aliqtiando domicilia habiierunt, as Pellegrintis writes. Neither is it true 
 that the Pillage was prevented, fo that the Defeat faid to be given the Saracens by 
 Gritnoaldiis, is equally fabulous with that other, which Suminontes and others relate 
 they receiv'd in Naples by S. y^guelltis the Abbot, at a time when thefe People 
 were not as yet known in Italy ; neither had their Name been {o much as heard of 
 in thefe our Parts. 
 
 BUT while the Longobards of Bene'ventum are employ 'd in thefe Wars with the 
 Greek Neapolitans, the fatal Death of King Rctaris happened in Pavia, in the Year 
 652, who left Rodoaldus his only Son his Heir and Succeffor in the Kingdom, none 
 other of his Male-Line remaining. Rotaris govern'd the Kingdom fixtcen Years, 
 w'ith fb much Prudence and Juftice, that he was defervedly eftecm'd one of the molt 
 illuftrious Princes in the World ; his having left his Subjeds at liberty to live in 
 whatever Religion they pleas'd, and his having allow'd in almoft all the Cities of his 
 Kingdom two Bifhops, the one Catholick, and the other Arian, gave frefli Encou- 
 ragement to the pernicious Maxim of wicked Politicians, that a Prince oucht not to 
 trouble himfelf about the Religion of his Subjeds, nor force them to believe and 
 profefs what he might think the bcft : So that Bodnnis % the Defender of this per- 
 verfe Dodrine, to the Example of I'beodofius the Great, who he heliev'd likewife 
 allow'd the fame Liberty of Confcience to his Subjeds, without minding whether 
 they were Arians or Catholicks, did not forget to add this other of Rotaris, who 
 allow'd the lame. However, we ought not to pafs over this Place without obferving 
 by the bye, the Error of this Author, who rcckon'd 7'heodofius the Great to have 
 been the Author of that Law * ; to which, altho' the Name of 7'heo'dofius the Great, 
 as well as that of Valentinian II. be prefix'd in the T^heodo/ian Code ; ncvcrthelcfs 
 all Writers firmly agree, that Valentinian was the fole Author of it, who by the 
 Inftigation of the Emprefs Jnflina his Mother, and the Importunities of the Arian 
 Goths, caus'd it to be publifli'd that Year while he refidcd in Milan, againfl which 
 S. Ambrofe Bifhop of that City fo much declaim'd ; and befides 'tis known, that 
 
 ' Camil. Pel. loc. cit. * Ciar'an. ofSamnium, lib. 
 
 ^ Bolland. torn. ^. A£lor. Santor. % Fcbr. | ' Bodin. dc Repub. lib. 4. cap. 7. 
 
 ■ Ughcl. leal. Sac. torn. 8. de Archicp. Benev. I * L. ult. C. Tli. dc Fid. Cath. 
 
 L 1 1 altho'
 
 414 
 
 The Civil History of 
 
 Book IV. 
 
 altho' at this Time two Emperors govern'd the Empire divided into the Weftern and 
 Eaflern ; neverthelefs the Cuftom was, that the Laws which were publifh'd by 
 either of them, bore in the Front the Names of all thofc who then govern'd the 
 Empire J which we yet fee on the Marbles : And the 1'heodofian Code itftlf fur- 
 nifhes us with abundance of other Examples, as was likewift obferv'd by the careful 
 Jacobus Gotifredus ', who challeng'd Francifcus Baldo'vimis as guilty of the fame 
 Miftake, who by reafbn of that Inlcription, likewile believ'd that 'Theodofius was 
 the Author of that Law. 
 
 • Jac. Gothefr. in d. 1. ult. &In Prolegom. c. 8. 
 
 CHAP. IX. 
 
 Of Rodoaldus, Aripertus, Partarites, Gundebertus, VIII. IX. X. 
 mid XI. Kings of the Longobards. 
 
 S the long and prudent Reign o^Kotaris^ rendcr'd the Affairs of the 
 Longobards very prolperous in Italy, lb the very fhort and imprudent 
 Reign of his Son Rodoaldus, and cfpecially the Difcord among his 
 Succeflbrs, brought them to a very dangerous Condition. Although 
 IVarnefridc relates, that Kodoaldus reign'd five Years, yet he fcarcely 
 govern'd one alone ; for having ravifh'd the Wife of a certain Longo- 
 bard, he was murther'd by the Husband ^ and amongft the five Years of his Reign 
 Paul reckons up thofe when he rcign'd together with his Father, who had made 
 him his Collogue. 
 
 THE Male-Iffue of Rot ar is being extin(5l, the Longobards affcmblcd in order to 
 chufc a new King, and ek&ed yiripertusy Son of Guiidoaldus, Brother of Thcodo- 
 linda. He, according to ll'arnefnde, reign'd nine Years ' : In all the Courfe of his 
 Government, Hiftory makes mention of nothing he did worthy of being recorded, 
 if it was not that he deferv'd to be prais'd for his being much inclin'd to the 
 Catholick Religion, as was thought, contrary to the Example of Rotaris and his 
 Son Rodoaldus. 
 
 ARIP ERfUS died in the Year 66i, and left two Sons, Partarites and Gun- 
 debertus, who by bad Advice divided the Kingdom betwixt them. So Gundebert 
 fix'd the Seat of his Kingdom in Pavia ; and Partarites his in Milan ; which fur^ 
 nifli'd Grmoaldus our Duke of Bencvcntum with an Opportunity of driving them 
 both from their Seats, and of making himfclf Mafter of all the Kingdom ; for 
 Dilfcntion and great Hatred having arifen betwixt the two Brothers, each of them 
 feeking to poflcfs the other's Kingdom, Gundebert, not fatisficd with his own 
 Lot, had a mind to have the intire Kingdom, and to drive his Brother flom it ; 
 but not trufting to his own Strength, he Tent Garibaldus Duke of 'Turin, to Grimo- 
 aldus Duke of Bcneventum, to invite him to come and aflift him in the Under- 
 taking, promifing for a Reward to give him his Sifter in Marriage. 
 
 BUT the Duke of Turin addrcls'd Grimoaldus in a quite different Manner, and 
 betraying his Mafter, pcrfuaded him that he ought not to ncglcd: to take the 
 
 Warncfr. lib. 4. cap. 18. 
 
 Advantage
 
 ^ook IV. //^d" K I N G D o M 0/ N A P L E S. 215 
 
 Advantage of thi.> Dif(-ord, which was able to put liim in PofTcflion of ihe King- 
 dom : It was no hard Matter to perfuade liim ; lb that being (purr'd on by "a 
 covetous Defire to reign, he affembled (bme lYoops the beft way he could, and 
 leaving Konmaldus liis Son Duke of Benevcnttim, march'd towards Pjvia. Being 
 arriv'd at Piacenza, he diljjatch'd Garibaldus to Giuiddtrt with Advice of his 
 coming, Garibaldus after he had dehver'd his Meflage, told him befides, that it 
 •was proper he fhould go and meet the Duke ; and if he was fufpicious of anv 
 Thing, he might put on Armour under the Royal Robes : On the other hand, 
 with unheard-of Treachery, he advertis'd Grimoaldiis to be aware of Gmidebert, for 
 he was coming to meet him in Armour. Grimoaldiis believ'd the Traytor ; and 
 •what made him give the more Credit to him, was, that after they had met, while 
 they were fliluting and embracing one another, he felt that Gundebert had really 
 Armour on him ; fo that he did not in the leaft doubt but that all was prepared for 
 murdering him, and in a violent Fury he drew his Sword, run him through, and 
 kill'd him on the Spot, and immediately made himfelf Mafter of the Kingdom. 
 Gundebert had at this I'ime a little Son call'd Kambertus, whom his trufty Friends 
 carried off privately, and brought up carefully : Grimoaldus was not very Ibllicitous 
 about having him in his Cuftody, becaufe he was yet but a Child. 
 
 AS fbon as Partarites heard of this Adventure, in a panick Fear he deferted his 
 Kingdom, and left his Wife Kodolinda, and Citnipert his little Son, to fhift for thcm- 
 felves ; and in great hafte fled to Cacanus King of the Avari for flicker. Grimoaldus^ 
 having taken Milau, confin'd Kodolinda and Cunipcrt in Bencventum ; afterwards he 
 went to Pavia, where in the Ertd of the Year 662, he was proclaim'd King by the 
 Lonzpbards themfelves j and having married the Sifter of Gundebert^ to the great 
 Jov of every Body, he fent back the Army to Beneveutur,!^ loaded with Prelents, 
 and kept with himfelf only Ibme of his moft trufty Friends, whom he raifed afcei'- 
 wards to the firft Honours of the Kingdom. 
 
 CHAP. X. 
 
 Of Grimoaldus XII. Khig of the Longobards 5 of Romualdus 
 VI. 'Duke of Benevcntum j and of the Italian Expedttioti of 
 Conftans Emperor of the Eajl. 
 
 ^HILE Grimoaldus reign'd in Pavia, and Romualdus his Son in Beneven- 
 tum, with Co great Contentment, a moft dangerous and cruel War was 
 hatching againft them, which put them in danger of being driven 
 from their Dominions. Hitherto the Greek Emperors, little mindful 
 of the Affairs of Italy, and contenting themfelves with having in it 
 the Exarchate o( Kavemia, the Dukedom of Rome, and thofc of 
 Naples, Gaeta, and Anialphis, with fbme Cities in Calabria and ,the Brutii, had 
 no Thoughts of reftoring it to their Empire. The Emperor Hcraclius could Icarcely 
 keep the Longobards within their Bounds, and from intirely driving the Greeks out 
 oi Italy i but he dying in the Month of May, in the Year 641, left his Son Coii- 
 flantine his Succeflor : Conftautinople, the Seat of the Empire, was at this Time fo 
 plagu'd with Revolutions, that the Affairs of Italy were quite neglected ^ forafmuch 
 as Conjfantiiie had been upon the I'hrone but four, or according to others ' fix 
 
 Fieher. in Chronol. 
 
 Months^
 
 2 1 6 The Civil H i s t o r v of Book I V; 
 
 Months, V hen Martina his Mother-in-Law caus'd him to be put to Death, to make 
 room for her Son Heracleon. But he was turn'd out at the End of fix Months, and 
 banifh'd, together with his Mother. Conftans Son of Conftantine fuccceded him in 
 the Year 642, at which time the Empire of the Eaft began in fome meafure to 
 breathe. This Prince was fo intent upon reuniting Italy to the Empire of the Eaft, 
 that he reckon'd himfelf unworthy of fwaying the Scepter of that Empire, if he did 
 not altogether drive the Longobards out oi Italy; and he was fo bent on putting this 
 Defign in Execution, that not content with fending thither his Captains for that 
 Undertaking, he would needs come in Pcrfon to thefe our Provinces, and put himfelf 
 at the Head of his Army, leaving his Seat of Canjlauttmple to fhift for itfelf: A new 
 Thing truly, which had never happen'd before, this being the firft time that an 
 Emperor of the Eaft had been feen to go to Italy and to Rome. The Oddnels and 
 Novelty of which Fadl gave occafion for much Speculation, in order to difcover the 
 Intent and Reafons of fuch a Movement. 
 
 SOME believ'd, that he having moft treacheroufly murther'd 7'hcodore his own 
 Brother, who had often terrified him in hideous and frightful Shapes, and being 
 tortur'd with fuch ugly Vifions, had contriv'd Means for leaving that City, and 
 thofe Places which had become ib odious and fatal to him '. Others attributed this 
 Departure to the Hatred which the Confiantino-politaiis bore him, for his having 
 embrac'd the Herefy of the Moiwtbelites ; and that therefore he intended to remove 
 the Seat of the Empire to Kome. Butthe moft judicious Authors, among which are, 
 Anaftafius Bibliothecarhis and IVarvefride Sfay, that he was moved on no other Account, 
 but out of a Defire to recover Italy^ and the Hopes of being able to drive the Lotigo- 
 hards out of that Country with his own Forces ; therefore in the Spring of the Year 
 663, he prepared a great Fleet, and departed from Co7iftantiitople^ direfting his 
 Courfe for ^arcntim. Many Cities of thefe our Pro\'inces, which at prefent make 
 our Kingdom, in the Reign oi- Conftans were ftill under the Dominion of the 
 Greeks; who befides the Dukedom of Naples, and other lefler Dukedoms, had like- 
 wife many other Maritime Cities in Calabria, fuch as I'arentmn, that had not as yet 
 been polTefs'd by the Longobards of Benenjentmn. Conftans being arrived in this City, 
 and having landed his Troops, whom the Neapolitans afterwards join'd, directed 
 his March towards Beneventtim. This unexpefted Appearance of the Greeks, at firft 
 put the Bene'ventans into fuch a Confternation and Fright, that they deferted many 
 Cities oi'Pnglia; ib that with fmall Refiftance Conftans took and deftroy'd Liuera, 
 a City not far from Sipontum ; but he could not take Acerenza by reafon of its 
 ftrong Situation ; and not willing to confume much Time, went immediately and 
 pitch'd his Camp under BenevetitiiM, and laid dole Siege to it. 
 
 ' S'igon. de R. Ital. ad A ' Warn. lib. 5 cap. 4. 
 
 SECT. I. 
 
 Of Romualdus VI. Duke of Beneventum. 
 
 ROMUALDUS'Dvkt o( Beneventum feeing himfelf in this Condition, immediately 
 difpatch'd Gejualdus his Anibaflador, to King G"r/?//OizW/.'J his Father in P^r/V?, to 
 beg of him to fend him powerful Afliftance ; and in the mean time, tho' the City was 
 often afiaulted by the Greeks, yet the Benen;entan Longobards ftill repulfed them, 
 and fometimes they likewife attack'd the Greeks in their Lodgments by frequent 
 Sallies, and routed and did them confiderable Damage every where ; the Labours of 
 Barbatus, now a Pricft, and afterwards their Bifhop, contributed not a little to the 
 Defence of this City ; who often inveighing againft them, and declaring, that they 
 were punifh'd with the Calamities of fo cruel a War, bccaufe that fome of them had 
 not as yet forfaken the Superftition of the Gentiles, and others of them Arianifm ; 
 wrought fo far upon them, that he brought them to renounce their Idolatry, and 
 to implore the Divine Afllftance, and the Frotcdion of the Saints, in order to be 
 
 freed
 
 Book IV. //;^ K t N c D o M 0/ N A P L E S. 117 
 
 freed from the Calamities that were hanging over them. But while Conftcms xvas at 
 this Siege, behold, King Griwoaldus comes in Perlbn with a powerful Armv for the 
 Relief of his Son i and in the mean time fends Gcjmldus to ad\ iie him of it, and 
 bid him take Courage, for that he would very fbon relieve him. But this unlucky 
 Man being arriv'd at the Kncmies Camp, while he was endeavouring to throw him- 
 felf into the bcficgcd City, was taken, and carried before the Emperor Conjlmis ; 
 who underftanding that Grinwalcius was on his March with a ftrong Army in order 
 to relieve his Son, and that he was already very near, was greatly perpLx'd ; and 
 being refotv'd to railethe Siege, he try'd, becaufe he could do it fafely, and by that 
 means reap fome honourable Conditions of Peace, to get Gefiialdns to declare the 
 Succefs of his EmbalTy to Komiidldtis quite contrary to what it was ; therefore having 
 caus'dhim to be brought under the Walls, hecompell'd him to c^Wto Koiiiualdus, and 
 tell him, that it was not poflible his Father could come to his Relief; but Gefimldtis:, 
 with undaunted Courage, feeing ilo;«7;^r/(^«j upon the Wall, with a loud Voice, that 
 all the Greeks that were prefent might likewifc hear, faid to him : Continue ficdfaif^ 
 and be of good Courage, my Lord ; knoiv, that your Father is near at hand -with a power- 
 ful Army in order to relieve you, and this Night he icill reach the River Sangro. / 
 earneftly 'reco7>imend to you my dear H ife and Children, becaufe I am certain that theje 
 rafcally Greeks ivill put me to Death immediately '. Confians being highly incenied 
 at this generous and bold Adtion, inftantly caus'd his Head to be cut off, and with 
 the Machine for throwing Stones, threw it within the Walls. Duke Komualdus 
 took it up, and moft afTedionately kifling it, bathed it with Tears; thus did he 
 honour the fingular Vertue and Love of his faithful Friend, and befides gave him a 
 fumptuous and noble Burial. 
 
 THE Emperor therefore afi'aid of the coming of Grimoaldus, rais'd the Siege^ 
 and while he was marching in a great hurry towards his City of A'i?/)A'j, Count 
 Mitula oi Capua, gave his Army a great Overthrow on his way at the River Calore, 
 which much afflifted him ; and afier his Arrival at Naples, with a Defign to go/ 
 from thence to Koine, Saburrus having reprcfcnted to him, which encourag'd him in 
 the Undertaking, that if he would leave with him Twenty thoufmd Soldiers imder 
 his Command, he would engage to fiibdue all the Loinobards, and gain a compleat 
 Victory ; Confians granted his Requefl, and left him at the Pafs oi Formia, which is 
 now faid to be Caftelloiic, or Mola di Gacta, where he could at leaft keep the Enemy 
 in Awe, while the Emperor fhould go toKome. The Army o{ Saburrus was made up 
 oi Greeks and Neajiclitans, People who had always been Rivals, and implacable 
 Enemies of the fieneventans, and with whom they always had had cruel and 
 obflinate W'ars. Grimoaldus being arrived at Benevcntnm, when he heard of 
 the Braggings oi Saburrus, and the Defigns of the Greeks, was for going himfclf in 
 Perfon to fight him ; but being intreated by Komualdus his Son, to commit that 
 Undertaking to him, for that he had Courage enough to engage him ; he contented^ 
 and gave him a Part of his Army. Komualdus encountred the Enemies Arnay with 
 wonderful Intrepidity ; and while they were fighting boldly, and the Vi(5tory as yec 
 very doubtful, a Longobard named Ainelongus, who was wont to carry the Launcc 
 before the King, boldly ftruck with the fame Launce a Greek Horfeman, with fo 
 much Strength and Fury, that lifting him from the Saddle, he rais'd him up high in 
 the Air, and threw him Headlong on the Ground. Such a valorous Ad:ion ftruck 
 fo much Terror and Aftonifhment into the Greeks, that they bafely abandon'd the 
 Field, and fled, and the Longobards purfuing them, made a mofl cruel Slaughter^ 
 and obtain'd a compleat Victory. Komualdus i\.\\\ oi ]oy rcturn'd triumphantly to 
 Beneventum, where he was receiv'd by his Father and the Bencventans with great 
 Applaufe, as the Deliverer of his native Country, and was honour'd and prais'd by 
 the State. In the mean time Confians, when he faw all his Labour loft, and himfclf' 
 left without any hopes of defeating tht Longobards, that his coming, to Italy might 
 not feem altogether in vain, full of Rage, defign'd to go to Kome, where ajtho' he 
 was receiv'd with many Marks of Refpcct and Veneration by Vitalianus the Roman 
 Pontiff, yet all the twelve Days lie remain'd there, he minded nothing elfe but 
 plundering it of the rlcheft Ornaments he could find, taking what was molt valuable 
 of Gold, Silver, Brafs and Marble, which he caus'd to be put on board his Ships, 
 in order to carry them to Conftantinople ; he himlelf return'd by Land to Naples, and 
 from thence to Kbez^ium, where his Army was for the third Time defeated by the 
 Beneventans : From thence he went to Sicily ; where having continued fome time, 
 
 ' WmiKfr. lib. j". cap. 4. 
 
 M m m in
 
 2 1 g The CivilHistoryo/ Book IV. 
 
 in the Year 668. he was miferably kill'd in the Bath by his own Men • in Syracufe ; 
 and the inefttmable Plunder and Riches which he had gathered together in Rome, 
 and other places, fell into the Hands of the Saracens^ and were carried to Alexan- 
 dria, and not to Coujhintiiwple. 
 
 SUCH was the fatal IfTue of this Expedition oi Conftans, both with rcfpeft to 
 the Greeks and himlclf, who by undertaking to reftore Italy to his Empire, rendered 
 the Affairs of the Lou^obards more profpcrous : An Expedition as unfor- 
 tunate to the Greeks, who were very near quite driven out of Italy, as it was 
 fortunate and prol'perous to the Longobards, who being more firmly eftablifh'd in 
 their Dominion, were intent on nothing afterwards but expelling the Greeks from 
 thofe Cities which as yet they had PolTeflion of By thefe famous Victories, Row«- 
 aldtis fo much inlarg'd the Dukedom of Bcnerentiim, that having driven the Greeks 
 fiom Ban, 'Tarentuin, Bnnidtifiuni, and all the other Places of Calabria, which at 
 prelent oo by the Name oi "Terra d'Otranto, he confind them to the fmall Duke- 
 doms of Naples, and Amalpbis, and to Otrantn, Gallipcli, Gaeta, and fome other 
 Maritime Cities of the Brutit, which we now call the Further Calabria. 
 
 THESE were the remarkable Defeats, which, as the Hiftorians of thofe Times 
 relate, were given the Neapolitans by the Beneieiitans ; about the fame Time it was, 
 that by the Labour of S. Barbatus the Longobards o{ Beue'ventiim renounc'd Idolatry 
 and Superftition, and heartily embrac'd the Catholick Religion. Which Converfion 
 IVdrnejrtde, and the Writer of the Adls of the Angelical Apparition in Mount Gar- 
 gav.iis, hoxh o{ xhcm Lcn^'cbards, moft induftrioufly conceal ; that by fo doing they 
 may not di^co^'er, that hitherto the Longobards had continu'd Heathen, and that 
 thev had charg'd the Neapolitans with what the Longobards did, tho' the Neapolitans^ 
 as we have feen, had a great Regard both for the Catholick Faith, and the San- 
 (ftuary of Mount Garganus, of which there can be no better Proof than the Adts of 
 S. Barbatus himfclf, now publifh'd by Bolandns and Ughellus % for after Barbatus 
 had perfuaded the Duke of Beneventiwi, and the Longobards, that their having 
 cfcap'd fo many Calamities, was the Work of God and S. Michael the Archangel^ 
 they forfook all Heathenifh Rites, and embracing the Catholick Religion, chofe 
 him Bifhop of that City ; and the Duke having offered him many and rich Dona-f 
 tidns, the holy Bifhop refuied them, and at the fame Time periiiaded Romnaldus 
 that thele Donations would be better beflow'd on the Cathedral of Mount Gargautis, 
 which by its being lately pillaged, had been negleded, and lefs frequented ; and 
 that his Ex:^mple would inftill into his Longobards a Veneration for the Place, and 
 make it to be more frequented ; and he likewife defired that the Duke would annex to 
 his See of Beneventiwi, all that depended on the Bifhoprick of ,J'//)o«/«?;/, becaufe 
 thefe Places at prefent uncultivated, being put under his Care, could be better kept 
 and look'd after, to which GrimoaldKS confented ; whence it is, that from the Time 
 of Pope Vttalianus, the Bifhoprick of Sipontuni, and the Care of the Cathedral of 
 Mount G arganus d'ldbelong to the See of Bene'ventiwi, as is manifeftfrom fome Letters 
 of Pope Vitalianus direded to the fame Barbatus, related by Marius Vipera, in the 
 firft Book of his Chronology of the Bifhops and Axc\\h\ff\o\n of Bene'vent tint : So that 
 afterwards in the fucceeding Times, the Churches of Sipoutum and Mount Garganus 
 were long fubjccb to the Bifhops of i^fw^rew?//;;/, until the Principality of Be neven- 
 ttim being in a declining Condition, Sipenttim got its Archbifhop reflored ; under 
 whofe Care thefe Churches abfolutcly rcturn'd, as we fhall fliew more at length, 
 when we come to treat of the Ecclcfiaftical Polity of thefe Times. 
 
 ON this Account, the Veneration which x.\\e Longobards h^id. for thisSanftuary 
 grew greater, inlbmuch that they acknowledg'd the Saint for their Protector ; and 
 as the Stibalptnc Longobards had for their Protedlor the Forerunner of Chrift, io 
 thofe of Spoletium had S. Sabiuus Bifhop and Martyr ; and our Longobards on this 
 Side of the Tybcr, had Michael the Archangel ^ : So that all the Vidorics which the 
 Lonzpbards gain'd after this Time over the Neapolitans, which were many, as well as 
 this which happen'd on the eighth of ilf,'?)', the Day of the Angelical Apparition, 
 Mvere attributed to the IntercefTion of this their Protedor * : Whence likewife the 
 
 ' P. Pagl de Confulib. pag. ^48. 
 * Boland. loc cic. Ughel. torn- 9. Ital. Sacr. 
 loc. cit. 
 
 ' P. Warncfr. lib. 4. c. f. Cam. Pel. Diff. de 
 Due- Ben. 
 
 " Hift. Ignoti Monacl Caflln. apud Cam. Pel. 
 par. I. hift. Princ. Longobaid. 
 
 Error
 
 Book IV. //j(? K I N G D o M 0/ N A P L E S. 219 
 
 Error of thofe is manifefl, who being ignorant of thefe Fads, carry back thele 
 Events to the Time of T'beodorick the Oftrogoth ; and being now convinced that 
 before thele Times the Neapolitans were Catholick, would have what is laid of the 
 Heathen Neapolitans to be underftood of the Vandals y who were then join'd with the 
 NeapcUtans againft the Goths. 
 
 S E C T. 11. 
 
 ^hc coming of the Bulgarians ; a?ici the Origin of the Italian Language, 
 
 BUT to return to King Grimoaldus, -whom we \eft in Beue'veittta/i ; this Prince 
 feeing the Affairs of the Greeks at luch a low Ebb, after having rewarded 
 Mitola by making him Count of Capiia^ and given him his Daughter to Wife 
 befides ; on the Death of Zoto likewife made him Duke of Spoletiitm, and kept his 
 Court at Pavia. While he was there intent on punifhing the Rebellion of Lupus 
 Duke of Friuli, Alczecus Duke of the Bulgarians came to him ', who having for- 
 laken his own Countr)-, for what Realbn is not known, enter'd peaceably into Italy 
 with his Bulgarians, and offered his Service to Grimoaldus, intimating at the fame 
 time, that he was willing to live with his People in any Place of his Dominions he 
 Ihould be pleas'd to appoint. The Bulgarians had come from that Part of the 
 yifiatick Sarriiatia which is wafh'd with the River Volga ^ and after having travers'd 
 all thole vaft Countries which reach from that River to the Mouths of the Danube^ 
 they pals'd it for the firfl- time in the Reign of the Emperor Anaftajius^ and made gi-eat 
 Ha\ock in 'Drrace and Illyricum, and lettled themfelves at laft along the Danube^ 
 in that Tradt of Country which comprehends the two Myfias, with the lelfer Scythia^ 
 which is now called Bulgaria from the Name of thele People. 
 
 THE King receiv'd him verj' gracioufly, thinking he would be of great Ufe and 
 Afliftance to his Son againil the Greeks, and lent him to Komualdus in Bene'ventmny 
 whom he order'd to give him Ibme Places in the Dukedom of Beneventum, for 
 himfelf and People to live in. Duke Komualdus gave him a kind Reception, and 
 allotted to him and his People many fine Cities in that Dukedom, to wit, Sepinum, 
 Bajanum, and Ifernia, with other Cities and Territories in the Neighbourhood j 
 but he would have him to lay afide the Title of Duke (for he had not given him 
 thole Places in Seignory and Property) and for the future call himfelf Gajialdus, 
 perhaps he thought it was not lit, feeing he had no other Title himfelf but that of 
 Duke, that one of his Subjedls fhould have the fame Title ; whence it came to pafs, 
 that the Dukedom of Beneventum being divided into many Counties, all fubjedt to 
 the Duke of Beneventum, they who were appointed to govern them, had no other 
 Title but that of Coniites or Gaflaldi, and they held thele Places, as Ciijacius lays, 
 fure Gaftaldia, mn perpetuo, proprioque Fcudi jure -. 
 
 THUS in the Year 667, a new Nation of Bulgarians was brought into our 
 Kingdom ; a People who for many Ages inhabited that Country which we now call 
 Contado di Molife j and altho', more than a Hundred and fifty Years after, when 
 fVarnefride wrote his Hiftory, they had learned our common Italian Language, 
 neverthelels, they had not then loft the Ufe of their own, as he relates in the fifth 
 Book of the Aftions of the Longobards, Article 11.; in which Place what he writes 
 is worthy of Obfervation, that in his time the Bulgarians retain'd their own 
 Language, tho' they likewile fpoke a Ibrt of Latin, ^.ani'vis etiain Latini loquan- 
 tur, which we are not to undcrftand, as Ibme have done % that they fpoke Roman 
 Latin, which about the End of the ninth Century, when IVarnefride wrote, was 
 generally forgotten and difus'd, and was only made ulc of in Writings, but very 
 much corrupted, and the Variety, Mixture, and Confufion of fo many foreign 
 Languages with the Latin, had given Rife to another new and vulgar Language 
 which was then current in Italy, and call'd the Italian. 
 
 ' p. Warncfr. lib. r. cap. ti. j ' Ci.irlanr. of Samnitim and otiicrs 
 
 * Cujac. lib. I. de Feud tit. i. §. 3. 1 
 
 T IS
 
 , 2 o The Civil History of Book IV. 
 
 'T I S not to be doubted in the leaft, but that at this Time the Jtalim Language 
 had got footing, and was much in ufe, it being more ancient than feme belie\-e. For- 
 nernis Aitt^is ', that in the Time of the Emperor Jitftinuin there had been an Inftru- 
 ment drawn up mKaveima, Conceftuui eo fere Seruione^ quo nunc 'vulgns Jralice tttitu.r. 
 Conft^utiniis Porfibyrn^enttus a!lb in his Time, about the Year 910, calls Beneventiim 
 and Venice Citta Kmja '. 'I'he Author of the Ads of Jlesander III. as Cardinal 
 lic'.rouiiis has it ', relating the reproachful Language given by the Rohian Women to 
 OHa-vianiis the Antipope, fays, that they called him Lin<:^ud Viilgari : Smanta Cann 
 pagno. Afterwards in the Time oi Frederick II. it was moil: common, and become 
 already old : Not to mention Kamittns of Calabria, who, as Richard of S. Germano 
 relates ", went about crying, Bencdtttu, latidatu e fanttficatu In Patre : Benedittu 
 landatti e fanlificatti In Jillu : Benedittu landatu e fantificatu lit Spiritu fantn ; nor the 
 fame Frederick, nor Eittins his Baftard Son, nor Pietro delle Vigne, nor many others 
 of that Age, we read of many Compofitions written in the Italian Language. 
 
 THIS Language, by tb.e Writers of this, and likcwife of the following Cen- 
 turies, was alfo'calVd Latin, for it was commonly fpoke e\'cn by the ancient Pro- 
 vincials (whofe Language before the Corruption was the ancient Latin^ who were 
 call'd Latins, or Romans, in order to diftinguifh them, either from the Greeks, or 
 Long^obardsy or other Nations that came into Italy ; whence not only Paul ll'arnejride^ 
 but'Writers much later than he, by the vulgar or common Latin, underftand the 
 vul<^ar or common Italian. So Otbo Frijlngenjis > commends the Longobards of his 
 Time, who were then become Italians, for the Elegancy of the Latin Language, 
 that is to fay, the Italian, which they Ipoke not only well, but alio readily. At 
 this Time our Italian Idiom pafs'd under no other Name but that of the vulgar 
 Latin i it was call'd fo in the End of the firft Chapter o( Scr Brimettns : So likewife 
 thofe who fpoke not the ancient Latin, but our Italian Dialed, by Dante Altghicri, 
 Petrarcha *, and Boccaccio ' are faid, Latine loqni, as the moft exad Pelicgrmus 
 nicely obferves ^ 
 
 AND from this Refidence, which various Nations had in many Parts of this GUI' 
 Kingdom, has rifen the fo great Divcrfity of Language which we oblcrve in thelc 
 our Provinces, altho' they all fpoke a fort of Italian ; for tho' the Bulgarians had 
 liv'd many Ages in thefe titics, and in procefs of 1 ime liad become Italians, and 
 left off their own Language, and learn'd the Vulgar j neverthtjeis the Mixture of 
 two Nations in the fame Place, occafion'd that the Italian, tho' fuperior, became 
 Ibmewhat corrupted ; and befides the new Words of that ftrange Nation, retain'd 
 likewife a foreign Twang or Accent. So likcwile ia other Parts of our Kingdom, 
 fuch as Sanmii'.hi and Aprutiiiin, where the Longohards continued longeft, befides 
 "Words, they left an ImprefTion different from the common Italian Language : And in 
 thole Countries where the Greeks were long lettled, as in fome Cities of Calabria, 
 and particularly in Naples, they retain to this Day a great deal of the Tone of their 
 Language, as aUb many of their Words; and there are fome who have been at the 
 Pains to colled a long Catalogue of them, as Capacciiis » did of the Greek Words 
 which the Neapolitans make ufe of in their common Difcourie at this Day. The 
 Novelty and Variety of foreign Nations who invaded the Kingdom, did not end 
 here, but one Nation lucceeded another at different Times, and in different Coun- 
 tries of it i from whence fprung the fo many various and flrange Mixtures which 
 we fee at this Time. 
 
 EVEN the Arabians or Saracens left us their Share ; thefe fixed themfelves firft 
 in Garigliano i from thence dilperfing themfelves over Calabria, Ptiglia, and Poz- 
 zuolo, left fevcral Words among us ; for ]• xample, Mefcbino, Magazmo, Ma/cbera, 
 Gibcl which iignifics a Hill ; whence /Lina, by way of Excellency, is called Giiel, 
 and corruptly Mongibello, repeating the fame Thing twice, not to mention other 
 Examples. And fome have written, that it was the Arabians who firft taught the 
 Sicilians and afterwards the other Italians, as alio the Spaniards, to rhime ; and 
 Thomas Canpanella, in order to confirm that, brings a Sclavonian Song for a Tefli- 
 
 ' For. In Notis. aJ CafT. lib. 10. cap. 7. 
 
 * I. oiiftaiu. dc Adniiii. Imt). cap. 27, Sc iS. 
 3 Bainn. An. lib. 12. an. 1 15-4. 
 
 * Ric. ill Cliroii. an. 1252. 
 
 » Otho Friling. de Geft. Fred. lib. z. c. i?. 
 
 * Petrar. in Trionfo d'Amorc, cap. 2. and 
 cllewlicrc. 
 
 ' Boccac. Novel. 2. Giorn. 5". 
 
 * Chimin. Pell, in Dill", dc Due. Ben. 
 
 ' C'apac. in Foraftier. cap. 1. num. lo- 
 
 mony.
 
 Book'' IV. the Kingdom of U A^P L F. S. ii I 
 
 monv, wherein the ftme is affifm'd, and which he was wont fo' re{)eat b/ HeSn'^- 
 from whom afterwards the other Provinces of Europe learn'd it, atidaflaft if I'eath'd 
 Germany ^ as may be iecn in that Poem, or rhiming V cries of Otpbrfclus' Wh6 iiViI 
 intlie 'l\me of Lcii.' is the Piotis^ whom Autcmhis Matthcem ' belieVes to be the'm6'ff 
 ancient .Writer the Gernwii now pretend to: Bcfides, as v.e (hall Tee in the ioirov- 
 ing Books of this Hiftory, it was from the Arabians,- and none cffe, thai: we 'Had 
 Philofophy, Phyfick, Mathematicks, and other I.e-tming, which' for rriaiiy 'A|e* 
 have been taught in our Schools. " i j/ oili ,■.•.'•:,. ,; '.'j-xi 
 
 BU r the Norniavs, the Siicvi, the French, the Spaniivrds^ th6 yMcfni (and \lhr> 
 not ? ) fucceeding the Longobards, Greeks, and S^^r.tcens, tho' all our Pt•f)t'i^ce'^ 
 retain'd the fame Italian Language, occafion'd that Diverfity and Mixture wliieh w'a 
 at prefent lee, and is the more lurprizing, that there is not the lealtPart wharfdeve^ 
 HI the Kmgdom, that either in the Terms, the Accent" and oftertin the Words, ilocs 
 not differ, and is diftinguiih'd from the reft; but enough of this, and perhaps Kve 
 (hall have occafion to touch on it ellewhere. 
 
 ' Anton Mathxus de Crimlnibas ad L. Juliam Majsft. ■ 
 
 SECT. jir. 
 
 The Lazvs of Grimoaldus, (i?/d his Death. 
 
 MEAN w hile Grimoaldti^ freed from all Sufpiclon and warlike Cares, in the 
 fixth Year of his Reign, was altogether intent on the Artj. of Peace, and io 
 lecure the Quiet of his Dominions by new Laws. 1 he Laws of Rctaris during the 
 Space of Twenty-four Years that they had been publifh'd, had taken deep Root in 
 Italy ; not only the Lougobards, for whom they had been made, began to conform them- 
 felves to them, but likewife the Natives, tho' the Uic ofithe Roman Laws had never 
 been forbid them : But in process of Time, as commciily happens, it was obferv'd, 
 that thcfe were not fufficient for every Thing that was neceflary, and many of them 
 when they came to be made ulc of, and put in Pradice, feem a fomething harfii and 
 grievous '; whence Grimoaldus, a moft prudent Prince, dcfrrcus 'to' reform in Pafc 
 the Edift of Rotaris, and to add to it other Laws, which ^feem'd to him more 
 ufeful : Having afiembled his Lougobards and their Judges, according to their 
 Cuftom, in the Year 66S, which was the fixth of his Reign, added other Laws to 
 the Edidt of R5f^m, and reform'd thofe already made, and.pubU^'d a ne^'. Edidt, 
 with this Preamble ; Superiore pagina hujus Ldiffi legitur, quod adhuc anmiente 
 Domino memorare pcteriinus^ de fiugidis Caufis^^qtix prafenti nvii e^ent adfi'^te in hoc'. 
 Ediclo cdji'.ngers deleawus, it a ut caufx, qux jtcdicatx S Jinitce fiiht, Hon re'VOHantur! 
 Idea e^o Grimoaldus ^•/r e:<cellanijji-imis. Rex Gentis Longobardcftim, Anno Deo pro-, 
 pitio, fcxto Rcgni 'met, rnenfe "Julio, IndtSiione mdecima, per fu^efiiunem Judiami, 
 omniuniqi'.e confenftin?, qiits illis dura, & ttnpia in hoc Edifio I'tlh fitht^ad rnelwrent 
 fenfiim reiocare prxvidimus ^. .^ ■ r""..;j 
 
 THIS Edict of Grimoaldus is to be found in the abovementioned Code of ihe' 
 Monaf^ery of the Cave, nfter that of Rctaris, and is contain^ in ele\'en Chapters/ 
 the Titlea of which are rhcfc, I. Si quis homminn noiendo occidera. ' IE Ut caitfcefinittxh 
 non re'voliantur. HE De fervo, qui ^o anvos fervivit. IV. De $i) hnjioru'm liber-^ 
 tatc. V. De culpa fcrvorum. VI. De ^o annortnn po/fej/icne. Vlf. De Jtrcej/fcn^^ 
 Nepctum. VIII. De Uscribus diniittendis. IX. De Crimine u)ccris. X. Sj '^i'^'uf:^:^ 
 aut Puella fupcr alia ad marituni intraverit. XI. Si ancilla furtum fiieritl 
 
 T M E Compiler of the three Books of the Laws of the Lcn^'>bards, inilrccd Ikc- 
 wife fomeof thcfc Laws of Grihwaldus in the firft and lecond Book, to the Number 
 of Seven. We read the firft in the firft Book, under the Title de Furtis, ^ fer'vis 
 
 ' p. Warnefr. lib. f. cap. iz. i and Gcrniap, c. oi u.^ Uui'il Lviiiioa in ilio 
 
 '■ \Vc rwditi Codlce tavenfe ; and ?n the Yearifp. and in Sinotiiys (!■: Rpg. Ital. lil\ 2. 
 Body of rhe Lawi of the Longobards, 'Salick ' «d Anno ti'iS. ^ 
 
 N n n Fugaci! us ;
 
 The Civil History of 
 
 Book IV. 
 
 Ill 
 
 FugaciOus ; the fecond under the Title de culpis Sa^vontm ; the third in the i^econd 
 Book under the Title de Eo, qui tixorem fuavi dimiferit j three others in the lamd 
 Book under the Title de Prcefcripttou. ; and the feventh in the fame fecond Book 
 under the Title ^Mite-r qnifqiie fe defcndere debeat. 
 
 AFTER Grimoaldiis had lb well perform 'd the Part of an excellent Prince, by 
 a moft furprizing Accident he was Ihatch'd away by Death ; for having been 
 blooded in one of his Arms, nine Days after, when with all his Strength lie was 
 bending a Bow, the Vein opened again, and all Means pofTible were ufed for clofing 
 it, but to no purpofej being drain'd of Blood, he died in the ninth Year of his 
 Reign, which fell out in the Year 672. of Man's Redemption. Grwioaldv.s was 
 endued with all fingular Vertues, and by his Prudence and courteous Deportment 
 was exalted to the Throne : A Prince, who by his Piety left a commendable and 
 worthy Example for his People to follow ; for tho' he had been born and brought up 
 5n the Arian Herefy, by the Affiftance of John Bilbop of Bergamo, a Man of fin- 
 gular Goodnels and Learning, he forfook it, and embrac'd the Catholick Religion ; 
 not content with that, he repaired many Churches, and rebuilt others, amongfl: 
 which that dedicated to Alexander, in the Ifland of Dttlcberia was famous, and the 
 other in Pavia to the holy Bifliop Ambrofe '. And his Example was fo prevalent, 
 that the Kings his Succeflbrs were all Catholicks, and Arianifm was forfaken by all 
 the Longohards in Italy. 
 
 ' Sigon. de R. Ital. ad A. 672. 
 
 CHAP. XL 
 
 Of Garibaldus, Pertarites, Cunipcrtcs, and other Kings and 7)iikes 
 of Beneventum, down to Luicprandus. 
 
 
 KIMOALDUS left, bcfidcs Ro7////^/i«j who reign'd in BejicTjeutum^ 
 another little Son nam'd Garibaldus, to whom on his Death-bed he 
 left the Kingdom. Kotnualdus Duke of Bencventtim was not ad- 
 vanc'd to the Royal Throne, tho' theEldeft, becaufe he was reputed 
 a Baftard. But Garibaldus did not long enjoy it, for he had Icarcely 
 mounted the Throne, when Pertarites, who had been banilh'd into 
 Trance, hearing oi theDtax\\ of Grimoaldm, came immediately into Italy, where 
 being receiv'd with incredible Joy by a great Multitude of Lmgobards, he prefently 
 went to Pavia ; from whence Garibaldus, after a Reign of three Months from the 
 Death of his Father, was Cxpell'd, and Pertarites plac'd on the Throne by the 
 Lon^obards ; and having recall'd his Wife Rodolinda, and Cuniperttis his Son, who 
 had been long in Exile in BenevcHtiun, he govern'd the Kingdom afterwards with 
 lb much Peace and Juftice, that no Violence, Robber), or Treafon was heard of 
 during his Reign. 
 
 THIS Prince in the Year 680, aflbciated Cunipertus his Son with himfclf in the 
 Kingdom, and Pertarites at laft dying in the Year 690, he continued to govern 
 alone : However his Peace and Quiet was Ibmewhat interrupted by Alabis Duke of 
 ^rent, who invaded the Kingdom ; but he was foon cxpell'd, and Cunipertus con- 
 tinu'd to govern the Realm with the former wonted Qiiiet. Cunipertus died in the 
 Year 703, leaving for SuccefTor in the Kingdom Liutpertus his only Son, yet an 
 Infant, therefore he left him under the Care of Alprandus, a Man of noble 
 
 Birth
 
 Book IV. f/:?^ K I N G D o M 0/ N A P L E S. 225 
 
 Birth. Cimiperttis, as IVaniefride fays, was a Prince of fingular and wonderful 
 Beauty, of moft fwect Manners, and uncommon Courage, and a Catholick of rare 
 Piety, lb that the Kingdom of the Lougnbards had never been feen hitherto in io 
 much Peace and Tranquillity as in his Keign, and that oi Pertarites his Father. 
 
 SECT. I. 
 
 of Grimoaldus II. Gifulphus I. Romualdus II. Adclai, Gregorius, Gode- 
 fcalcus, Gifulphus II. and Luitprandus, Dukes t^'.Bcncventum. 
 
 IN the mean time, Romtia/dus dying in the Year 677, was fucceeded by Grimo^ 
 aldus II. his Son.^ to whom he left the Dukedom much greater, having inlarged it 
 U'irh the Conqueft oftarauto, Brundti/uim, Bc.ri, and all the Country round about, 
 which he had taken from the Emperor of the Eaft. But Grimoaldus injoy'd the 
 Dukedom not quite three Years ; during which Time, together with his Brother 
 Gifulpbus, he had govcm'd it, and dying, left him alone in the Dukedom. 
 
 GISULP HUS held the Dukedom oi Bene-venttm, reckoning the three Years 
 which he reign'd with his Brother Grimoaldus^ feventeen Years ; and he began to 
 govern it alone about the End of the Year 680, according to the Computation of 
 Pellcgriniis, and laid wafte the Campanhta Koinana. 
 
 !BU T Gifulphus dying in the Year 694, was fucceeded in the Dukedom by Romw 
 aldus II. his Son, and while he govern'd Beiievciitiifn the Monaftery of Cafmo was 
 reftor'd to its ancient Luftre by Pertonax. The Government o{ Romualdus was of 
 a pretty long duration, having lafted twenty-fix Years, during which Time he much 
 vexed the Neapolitans, from whom he took Cuma ; but they, at the Inftigation of 
 Pope Gregory II. making War under their Duke John, very loon retook it, and 
 made great Havock of the Longohards '. 
 
 TO Romualdus, in tlie Year 720, Adelai fucceeded, who govern'd only two 
 Years. To him fucceeded Gregory, who held the Dukedom feven Years, and dyincr 
 in the Year 729, was fucceeded in the Dukedom by Godefcalcus, who rul'd it fome- 
 what le(s than four Years. 
 
 GISULPHUS II. of that Name fucceeded in the Year 732, who to make 
 amends for the Pillage of Zoto, inrich'd the Monaftery of Monte Cajiuo with manv 
 Poffeflions and large Donations ; fuch Places and Lands of the Eftatc of S. German j 
 were given to it at this Time j and that at length being increas'd with other 
 Donations, it became fo rich, that the Abbots being Lords of many Vaflals, rofe to 
 fuch a Height, that they kept Troops in their own Pay. 
 
 G JSU LP HUS govern'd the Dukedom of i?f;zeT'e/rf//w feventeen Years ; a Prince 
 of great Piety, and moft munificent to the Churches, to which he was proftile in his 
 Gifts, and built many, amongft which that of S. Sophia was famous, w hich he rais'd 
 in Bencrventuni from the Foundation. He died in the Year 744, and his Succeflbr 
 was Luitprandus the laft Duke of Beneveutum. He held the Dukedom eight Years 
 and three Months ^ and after his Death, in the Year 758, Arecbts his Son-in-Law 
 was fubftituted in his Room by the Barons oi Beiieucntiim, and King De/ideri us : 
 Who, when the Kingdom of the Lougobards was extinguifh'd by Charles the Great, 
 firft chang'd the Dukedom oi Beneventum into a Principality, and introducing a new 
 Polity, filled his Dominion with many Counts, and CaJIellaitis or Gajfaldi ; and laying 
 afide the Title of Duke, took that of Prince, and caufing himftlf to be anointed by 
 his Bifliops, affumed the Crown, Scepter, the Purple Garment, and all the other 
 Enfigns of Royalty ; whofe notable Exploits will furnilh us with abundance of 
 Matter in the fixth Book of this Hiftory. 
 
 ' Jo. DIacon. apud Ugliell. de Epifc. Neap. pag. 26. 
 
 SECT.
 
 2 24 
 
 The Civil History of 
 
 Book 1\^ 
 
 SECT. II. 
 
 Of Luitpertus, Ragumbcrtus, Aripcrtus II. ^and Afprandus Kings of the 
 
 Longobards. 
 
 r 
 
 IN the mean time Ragumhertus had fucceeded Luitpertus^ who had reign'd only 
 eight Months in the Kingdom of Italy. He was Diike of I'urin^ and Son of 
 Gudebertus, who left him very young when he was kill'd by K\ng Grin/oahltis. He 
 invaded the Kingdom in the Ivlinority oi Luitpertus^ and at laft drove him from the 
 Throne. 
 
 TO Ra'^umlertiis, who died the fame Year, ^{•/p^m/.v II. of that Name, his Son, 
 fucceeded, of whom 'tis laid, that he confirm'd the Patrimony of the y^lpes Cottia to the 
 Church oiRome j but he wasafterwards chafed away and kill'd by Afprandus^ who took 
 PofTeflion of the Kingdom ; and he likewile dying after three Months, left it to Lutt- 
 ■prandus his Son, in whofe Time were hatch'd thofe Mifchiefs, which not long after 
 werethe Occafion of the transferring the Kingdom of Italy ^om the Longobards to the 
 French ; whence fprung the Beginning of the Temporal Dominion of the Popes in 
 Italy., and fb many and flrange Changes happen'd in thefe our Provinces, that for 
 the Noveltv and Importance of the Events, after we fhall have related the Ecclc- 
 fiaflical Polity of thefc Times, deferve to be reported in the following Book of this 
 Hiftory. 
 
 CHAP. XII. 
 
 Of the Exterior Ecckftapcal ToJHy in the Kingdom of the Longo- 
 bards, from Autaris do'don to King Luitprandus 5 and in the 
 Emtire of the Greeks, from Juftin II. down to Leo Ifauricus. 
 
 OW great foever the Progrefs of the Patriarchs o^ConJiantinoplc had been 
 in thefe Times in the Eaft, neverthelefs they had not as yet extended 
 their Patriarchal Authority over thefe our Provinces ; although by 
 Degrees, being upheld by the Favour of the Emperors, the)- began 
 to lay Claim to fome Churches of thofe Cities which were yet under 
 the Greek Empire. The firft: Step they took was, by giving the 
 Bifhops the Title of Archbifhops, which not being a Title of Power, fuch as Metro- 
 politan, but only of Dignity, it was very tafy for a fimple Bifhop to obtain it, and 
 for the Patriarchs of the Eaft to give it: So we read, that from the Reign of the 
 Emperor PLocas^ who govcrn'd the Empire from the Year 602. to 610, the Patri- 
 archs of Co;//?^;;//;/o/)/f began, according to the wonted Pride oi ihc Greeks^ to give 
 many of the Bifhops of our Cities which were under their Subjection, that fpecious 
 Title of Archbifhop, fuch as thofe of Otrauto, Bari, and alcerwards alfo to the 
 
 .Bifliop 
 1
 
 Book IV. th' K I N G D o M 0/ N A P L E S. ii 5 
 
 Bifhopof AV^« '? to the great Indignation of the Popes. Thefe were the fird 
 Steps they took in thele our Parts ; but in the Baft, by reaibn that the other 
 Patriarchal Cities were poflefled by the Barbarians, and the three Patriarchs laid 
 afide, lb that there could not be a continued SucceiHon prclerv'd, the Patriarch of 
 Coiifi.vithwple became more haughty and arrogant; Whence Joannes Jcjunator^ 
 who was eleded Patriarch of Co;///£77;/^/W(//i/d' in the Year 585, during the £mph*e of 
 Mauritius, took the vain-glorious 'Vitk of Oecumenical Patriarcb. 
 
 BUT on the other hand, the Progrefs of the Patriarch of Rome was no lefs in 
 the W eft, that he might withftand lo much Pride, and countcrballance fb great 
 Power. And the Chair of R&wf was at this Time much exalted above all others, 
 on account of the Sanctity and Dodtrine of Gregory the Grcar, who lat in it in the 
 Year 590. This Pope maintained the Prerogatives and Rights of his See, and made 
 his Authority to be rei'pecled over all the Weft ■ he oppos'd the Patriarch Jolm^ 
 and did not approve of the pompous 'X\t\e of Oecumenical Patridrch of Conjiantmople, 
 as being Ambitious, and which tended to the Diminution of the Power and Jurif- 
 diftion of other Bifliops ; fo that he was the firif who cali'd and fubfcrib'd himfelf 
 Serviis Server uni Dei, in Oppofuion to the vain-glorious Title of Oeciiiaenical 
 Patriarch of Ojujiantinople. - '• .■";.••■;. tj .^ ^.■. 
 
 FOR which purpofe he endeavour'd to keep in Favour with the Emperors of 
 the Eaft, whole Subjed he profels'd himfelf to be % Rowe being under thole Princes; 
 and that he might delerve well of them, he always oppos'd the Power of the Lo;/^o- 
 bards, by not only taking Care for the Defence of tiiat City, but of all the reft, and 
 particularlv of A".:?/'/^, in order to maintain the Dominion of the Emperors of the 
 Eaft in Italy, and to countcrballance the Power of the Longobards, who aim'd at the 
 univerfal Monarchy of all Italy, and driving the Greeks intirely out of it: Therefore 
 he reliev'd the People by his great Tiberality ; and when the Longobards pillag'd 
 Croton, and carried the Citizens into Captivity, he apply'd himlelf lb ftrenuoufly, 
 that by his good Offices he got them ranfom'd: And he took a fpecial Care of the 
 Churches of Italy, Sicily, and of thele our Provinces, which as formerly acknow- 
 ledged no other Patriarch but him, and the other Popes his Succelfors. So we fee, 
 that in the Ordination of Bilhops in Stcily, Naples, Capua, Mtfenum, Beneventiini, 
 Puglia, Calabria, Lucania, and Aprutinm,- recourfe was had to him, and anv 
 Dilputes that arole about Eledlions were decided by him. He likewile applied 
 bimielf wholly to the Affairs of the Univerfal Church, and he not only took Pains 
 to extinguifh the Divifion which was in the Church, betwixt the Latins and the 
 Creeks, but alfo to extirpate the Schifm of the Donatifis out of Africa ; and he lent 
 Augtiftin the Monk into England, in order to convert thole People. He left no 
 Stone unturn'd, that by the Means of ^heodolinda, the Longobards, by forlakino- 
 their Idolatry and Arianifm, might embrace the Catholick Faith : Neverthelels he 
 forbid the ufmg of Violence to oblige the 'Jeivs to turn Chriftians. And above all 
 he was intent on keeping up the Church Difcipline, and the ablblute Oblervation of" 
 the Canons in all the Churches, holding it for certain, that the Power and Autho- 
 rity which the Primacy of his See gave him, made the moft Ihining Figure by thefe 
 Means. 
 
 THE SuccefTors of Gregory took the fame Meafures ; for althou<»h he 
 died in the Year 604, and was fucceeded by Sabinian, who held the See only five 
 Months, and twenty-one Days ; yet Boniface III. his Succeffor, who had been a 
 long time Nuncio with the Emperor P^om5, Succtf^or of Mauritius, by his Prudence 
 had found Means fo 10 infinuate himlelf into his Favour, that if we may give Credit 
 to Anaftafius, Bede, Warnefride, and many other Authors, when the Patriarchs of 
 Conjiautinople claim'd the Primacy over all the Churches, he .obtain'd a Relcript 
 from Phocas, in which it was declared. That the Church of Koine ought to ha\'e the 
 Primacy over all the Churches, and that the Bifhop of Rome alone ought to have 
 the Title of Oecumenical Patriarch ; which "tis faid the Emperor Phocas did in Odium 
 of Ciriacus Patriarch of Conflanttnople, who had fucceeded Joannes Jejunator in the 
 Year 596, and died fbon after. 
 
 BON I FACE IV. who fucceeded the Third, found Means likewile to keep in 
 Favour with the Emperor, and oppos'd the Longobards, fo that he got the Temple 
 
 ' Paul. Wamefr. Ughel.de Epif.Hydruntin', 1 ^ Epift. Greg. M. lib. 4. ep. 80. 
 Beacil. hift. de Ban. ' ' Lib. 2. cp. 61 
 
 Goo of
 
 2i6 The Civil History of Book IV- 
 
 oiPbaetcn in Rome^ from Pbocas, in order to make a Church of it, which he did, 
 and which, from its Fif^urc is now call'd the Rotunda. All his SuccelTors took the 
 fame Mealiires, and Pope Vitaliau^ when the Emperor Couftam came to Rome in the 
 Year 663, receiv'd him with great Marks of Efteem and Rel'pedt: All the other 
 Popes did the fame, who continued firm in their Obedience to the Emperors of the 
 Eaft, a<»ainfl: the Lou^obards^ until Leo Jfatirictis, who, by defending the Error of 
 the fcoiiochiJJs, againU the Authority of Gregory II. and 111. put all in Confufion, 
 as we fhall fee in the following Book of this Hiftory. 
 
 O N the other hand the Loiigobards, tho' for the moft part Idolaters, and fome 
 of them Arians, did not diflurb the Peace of our Churches; and as they found 
 them at firft under the Care of the Popes, fo they fuffered them to continue. King 
 Ant arts about the Year 587, forfook Paganifm, and embrac'd the Chriftian 
 Religion ; but after the Example of the Gotbtflj Kings, he receiv'd it polluted with 
 the Arum Herefy. The Loiigobards following the Example of their King did, the 
 lame and made no Alteration in the Religion of the Provincials j whence there 
 were feen in fome Cities oi Italy two Bifhops, the one Arian, who had the Infpe- 
 d;ion of the converted Longohards ; the other Catholick, wlio govern'd theCatholick 
 Churches of the Provincials: However our Provinces were free of that Defor- 
 mity J for thofe which continued fubjed; to the Emperors of the Eaft were all Catho- 
 lick • the reft which were brought under the Dominion of the Longobards^ kept the 
 fame Religion intire, which the Goths, and efpecially the great King T'heodorick, had 
 left them ; ixi which King Jutaris, and the other Kings his Succeifors perfever'd. 
 To all this was afterwards added the Piety of Queen fheodolinda, a moft Religious 
 and Catholick I.ady, who, tho' fhe had not the defir'd Succels in getting her firft 
 Husband Aiitaris perfuaded to relinquiJh Arianifm, yet fuch was the Influence ftie 
 had upon her fecond Agtlulfus, on account of the great Obligations he ow'd her, 
 that Ihe perfuaded him to embrace the Catholick Religion ; whence it was that 
 S. Gregory the Great acknowledg'd himfelf fo much oblig'd to that Princels, to whom 
 he dedicated his four Books of the Lives of the Saints ' ; and we read many 
 affedionate Letters of his, full of Encomiums and Prailes, direded to this Queen ^: 
 Whence many Lovgebards, following the Example of their Prince, became likewife 
 Catholicks ; whereupon many Churches and Monafteries were built in the Reign of 
 ylgihilfus 3, to which many Lands were given, and the Bifhops, who formerly had 
 been defpis'd in the Cities of the LoJigobards, were now comforted and much refpefted. 
 And tho' in the Reign of Anovaldtis, a perfidious Arian, who fucceeded Agilidftis^ 
 that Peace was difturb'd which Agilulfus had fettled, neverthelels, Rotarts after- 
 ■wards afcending the Throne, a Prince tho' an Arian, of a peaceable Dilpofition, and 
 who allow'd the Provincials, as well as the Longobards, to enjoy w hat Religion they 
 pleafed beft. Things returned to the former Peace and Tranquillity, which was ftill 
 more confirm'd in the Reign of Anpertus, who was very favourably inclin'd to the 
 Catholick Religion. 
 
 BUT afterwards our Lougobards on this Side of the ?3'^er were the firft that 
 relinquifti'd Arianifm altogether, the Praile of which was owing to two illuftrious 
 Bifhops, Barbatus of Beueventum, and Decoroftis of Capita. Barbatiis, after the 
 Defeat which the Beiieventan Lwgobards, under their Duke Romtialdus, gaxe the 
 Greeks, pnrg'd that Nation not only of Idolatry, but likewife of Arianifm, and 
 they became all Catholicks; the fame happen'd to the Capiia.H Lougobards by Decorofus 
 their Bifhop ; So that in all thefe Provinces which had been fubjeded to their Dominion, 
 Arianifm was quite abolifh'd by the Lougobards themfelves. Altho' the Eaft fre- 
 quently produc'd Herefies and Errors concerning Dodrine, whence thele Churches 
 had no good Agreement with our Weftern, and efpecially at this Time on account 
 of the Herefy of the Mo)tothelitcs ; neverthelefs the Vigilance of the Popes, under 
 whole Care and Government the Churches of the Provinces yet fubjed to the Greeks 
 ftill continued, was fuch, that they were not polluted with thefe Errors. 
 
 BUT not long after, what happily fell out to out Lougobards on this Side of the 
 'Tyber, under Rovmaldtis Duke of Benevemmn, happen'd to the Stibalbtni Longo- 
 hards, under Grimoaldus YJ\ng of Italy : This Prince becoming Catholick, fo much 
 favour 'd the Churches, and had fo great an Averfion to the Dodrine of the Arians, 
 
 ' P. Warnefr. lib. f ^ p_ Warnefr. lib. 
 
 '■ Greg. M. lib. 3. ep. 4. Si 55. lib. 7. ep. 41. j 
 
 that 
 
 I
 
 Book IV. the K i n g d o m (/ N A P L E S. I17 
 
 that he intirely abolifh'd Arianifm o\cr all Italy. This gave Rife to the Riciics of 
 the Churches ; whence lilcewife proceeded the Depravation of' Manners of the 
 greatefl: Part of Chriftians, and the Decay of licclefiaftical Difcipline. 
 
 THESE Lon^obard Princes, after the Example of all the other Prince? of the 
 Weft, and of the Emperors of the Eaft, altho' they had become Chriftians, neverthe- 
 lefs with regard to the exterior Ecdefiaftical Polity, kept up the fame Prerogatives 
 and Pre-eminence in their Dominions, that thtCotbiJJj Kings had done; and thougfi 
 the Popes made their own Authority to be regarded in the \\ til, vtt the 
 Princes, and efpecially thofe ofFraace and Spam, had a mind, amongft other Things, 
 by their Laws and Edidts to give Force to the Provincial Synods, which were very 
 frequent in this Century, and conven'd by their Order, for redrefling of Grievances 
 and the corrupt Difcipline and Irregularities of Ecclefiafticks. Likewile the Em- 
 perors of the Eaft, not only follow'd the Footfteps of their Predeceffors, but con- 
 cern'd themfelves much in the Affairs of Religion, the Popes not being able to 
 make that Rcfiftance they would willingly have done. The Emperor Mauritius 
 treading in the fame Footitcps of the other Emperors his Predeceffors, publifh'd Laws 
 fofbidding Soldiers to be rcceiv'd into Monafteries : S. Gregory ' complain'd of the 
 Law, but did not impugn the Power of the Lawgiver ; and with much Caution 
 reprefented, that it was unjuft, and againft the Service of God, to hinder Men from 
 chufing the Way to greater Perfeftion. Mav.rent ins our Duke oi Naples., oMig'd 
 the Monks to ftand Centinel for guarding the City, and quarter'd the Troops every 
 •where, not even fparing the Nunneries, of which this Pope likewife complain'd \ 
 
 MOREOVER the Emperors of the Eaft appointed the Dioccftes, and the 
 Metropolis's, regulated the Stts and Precedencies, and augmented and diminifh'd 
 the Prerogatives of the Metropolitans at their Plcafure. And our Dukes of Boie- 
 'ventum did the fame in their large Dukedom : At the Requeft of Barb at lis Bifhop 
 of that City, Duke Komualdiis united the Bifhoprick of Sipontum to that oi Bene- 
 'ventim; fee the Requeft of Barbatus to Romualdus, as we read it in his Ads: Si 
 munus, fays he, tine Jaltitis offerre Studes, timim impende beneficitwi, nt B. Micbaelis 
 Archangeli domus, qua; in Gargano Jit a efi, S omnia, quce fub ditionc Sipontini Epifco- 
 patus funt, ad jedem BeatiJJimx Genitricis Dei, nbi nunc indigne prxfum, in onimbus 
 fubdas ; S quoniam abfque ctdtoribiis omnia depravanttir, wide nee fedulwn Cfficium 
 ferfolvi potejl melius a nobis difpojita tibi proficient in Saluteni. Rmiiialdw; granted his 
 Requeft, and gave him a Diploma for it : Illico Princeps viri Dei confentit petit ioni- 
 ius, eo ordine, ut fatt fiimits, & Jlcut mos eft, per Prceceptum Genetrici Dei univerfa 
 conce£it, fi ut refonet in futurim, Aiiatbematiza'verat, qui contra hxc cgens irritam 
 banc facere -voluerit CouceJJicnem. Barbatus wanted likewife to have the Pope Vtta- 
 lianus to confent to it, becaufe it was the Bufinefs of the Roman Pontiffs (to whom 
 ^amnium and Puglia, as Suburbicarian Provinces, belong'd) to unite and feparate 
 their Churches, as had been often pradis'd by Pope Gregory, who in the Year 592, 
 join'd the Church of 0//VW to that o£ Mifenus ', which Union was of fhort Duration j 
 and the fame was pradlis'd in other Sv.biirbicarian Provinces. For we read in 
 Vipera and Ugbellus ', the Brief o{ Vitaltanus diredled to Bifhop Barbatus, wherein 
 amongft other Things wc find this : Concedentes tibi, tuaeque prxfatce Reverrndifiiine 
 Beneventanenfi Ecclefics, Bibinum, Afculim, Larinum, t? Ecclefiam Sanlli Michaelis 
 Archangeli in Gargano, pariterque Sipontinani Ecclefiam, qux in magna incpia, ^ 
 paupertate ejfe vidctur, & abfque cultoribus, ^ Ecclefiafiicis Officiis nunc ceriiitur ejfe 
 depranjata, cuvi omnibus quidem eorum pcrtinentiis, & omnibus prtxdiis cum Ecclefiis, 
 &c. Therefore fince this Time of Pope Vitalianus^ the Church of Sipontum has 
 been united to that of Beneventum, and the Bifhops of Benevcntum call'd themfelves 
 likewife Bifhops of Sipontum, until thefe Churches were again feparated. 
 
 THEREFORE, the Ecdefiaftical Polity was not altcr'd, either in the Provinces 
 •which were brought under the Dominion of the Longobards, or thofe which remain'd 
 under the Greeks ; but every Thing with refpeft to that was prelerv'd in the fame 
 Form in which it had been under the Gothifii Kings of Italy, and under Jiiflmian 
 and Juftm Emperors of the Eaft. 
 
 s. Lireg. epiit. 62. iitj. 11. 1 ' Ughel. de tpiic Lamanis 
 
 Greg. lib. 7. ep. 74. & 107. Camil. Pel. I "» Ibid, de Epilc Benev. 
 Due. Ben. adMeriJ. • 
 
 SECT.
 
 2 1 8 ■ The Civil History of Book IV. 
 
 SECT. I. 
 
 The EkBion ofBifiopy and their Difpojition in the Cities ofthefc our 'Provinces. 
 
 TH E Bidiops were ftill eleded by the Clergy and People, and ordain'd by the 
 Popes as formerly ; but the Princes, as if fuch Power had been devolved 
 upon them by tlie People, would have the greateft Share in the Eledions, whence 
 it came, that by their Means fome being eleded, who had neither Merit, Learning, 
 nor Capacity, the Churches were ill govern'd. In the Regifter of the Letters of 
 S. Grco-oi-y we read, that this Pope exercifing both his Metropolitan and Patriarchal 
 Authority in thefe our Provinces, not only ordain'd thofe eleded by the Clergy 
 and People, but alfo regulated the Elections, decided the Controverfies which arole, 
 and often depriv'd the Bifliops of their Sees, when he found them unworthy. Thus 
 we read of the Bifliops of Naples, that in the Year 590, while Devietrms fiil'd that 
 Chair he, for his many and heinous Crimes was depofed by Gregory the following 
 Year ; who after he had depofed him, wrote to the Clergy and the Orders of that 
 City, to wit, to the Nobles and People, that in the Room of Demetrius they fhould 
 chufe another ; and in the mean Time he fent Bifhop Paul to govern that Church, 
 until they ihould chafe a Succeflfor. The Neapolitans were fo well pleas'd with Paul, 
 that they wrote to the Pope, intrcating him that he would give them him for their 
 Bifhop : Gregory took Time to confider ; and in the mean while, Paul being in the 
 Caftlc oi Lttcullus, which is now call'd Uo'vo, and having receiv'd an Affront from fome 
 Servants belonging to a Neapolitan Lady, named Clenientia, intreated Gregory that 
 he would allow him to return to his Church ; whereupon the Neapolitans not agree- 
 incT amongfl themfelves in the Eledion of one of their Citizens, and perceiving that 
 Paul would not accept, eleded Florentiiis the Pope's Subdeacon, who was then in 
 Naples i but he refufing the Charge, foon made his Efcape, and fled to Rome ; fo 
 that Gregory wrote ' to Scholajlicus Duke o£ Naples, exhorting him to aflemble the 
 Nobles and the People of the City, in order to eled another Perfon j and after the 
 Eledion to fend the Decree to Korae, that he might ordain the Perlbn eleded : 
 Adding bcfidcs, that feeing they had twice eleded Strangers, if they could not find 
 amongft the Citizens a Perfon fit for fuch a Charge, at leaft they fhould chufe three 
 prudent and virtuous Men, to whom all the Orders were to give their Power, and 
 fend them to Korae as Reprefentatives of the City, that together with the Pope, 
 they might confult and order Matters fo, as at lafl to find a Perfon of unfpotted 
 Life, and approve of him, that the Pope might ordain and fend him to the vacant 
 Church. 
 
 GKE GORT wrote fuch another Letter ^ to Peter Subdeacon of Campania, who 
 had the Charge of St. Peters, Patrimony in that Province, whom he injoin'd to caufe 
 the Clergy of the Church of Naples to be affembled, and to order them to chufe two 
 or three of their Number, to whom they fhould give full Power, and fend them to 
 Rome ; where being join'd to the other Reprefentatives of the Nobility and People, 
 they might treat about the Eledion and Ordination of the new Bifhop. 
 
 THIS Eledion was call'd per Compromijfum, which was wont to be pradis'd in 
 Cafes of Divifion and Difligreement, that fo by uniting their Minds and Suffrages in 
 two or three prudent Perfons, in order to fliun Confufion and Difputes, thefe might 
 eled him whom they thought the moft deferving and capable K In this manner 
 Fortiinattis was eleded at lafl: by the Arbitrators in Rome, in the Month of June, 
 in the Year 59 3 j and being ordain'd by the Pope, came to Naples, where "he was 
 moft lovingly receiv'd by the Neapolitans his Children, and he govern'd that Church 
 for many Years with fo much Prudence and Care, that he was highly commended 
 by Gregory ^ whence we read many of his Letters direded to this Bifhop ■'. 
 
 • Ep. f'Tcg. apud Chioc. de Epifc. Neap. 
 
 * Ep. apud Chioc. loc. cir. 
 
 ' Fr. Floiens ad tit. de Eleft. & El. pot. tit. 
 
 4. p. i7r- 2c feq. Jo. a Colla In Sum. add. tic. 
 Ant. Mattheus man. ad jus Can. lib. i . tit. i z. 
 * Ep. Greg, apud Chioc. loc. cic. 
 
 FOR-
 
 Book IV. f /^d- K I N G D o M 0/ N A P L E S. 129 
 
 FOK^UNA'tUS dying, there arofc new Difputes about a SuccefTor ; and the 
 Suffrages being divided, the Clergy and People eleded two Bifhops ; one Party 
 eleded John the Deacon ; the other Peter, likewile a Deacon. Immediately they 
 had their recourle to Pope Gregory, that of the two he might chule him whom he 
 Ihould efteem the moft worthy, and confirm and ordain him. But none of them 
 pleas'd him : John was remarkable for Incontinency, having a Daughter who was 
 aTeftimony of hisWeaknels ; Peter as an Ufurer, and of a weak Underilandin?, was 
 reckon'd unworthy, and not fit ; whereupon he wrote back to the Keapclitans to 
 chufe others, which they afterwards did '. 
 
 W E fee the fame Method pradis'd in the Eledions of the Biftops of Capua, 
 Ciinhi, Mifenus^ Beiieventum, Salcrntnn^ Aprutium, and of all the other Churches 
 in thefe our Provinces, which as Subiirbicarian belong'd to the Pope: Piilernw, like- 
 wife Meffijia, and all the other Churches of that Ifland, Sicily being alfo a Suburhi- 
 carian Province, obferv'd the fame Rule. 
 
 THE Eledtion, according to the Diredlion of the Canons, ought to faJI upon one 
 uho was of the lame Church, or who (according to the Language of this Timet 
 vas incardinated into it, and not of other Churches ; but when the Citizens could 
 not find a fit Perfon amongfl themfelves, which feldom happened, then in that c^fe 
 they had recourle to Strangers, who were eminent either for their Piety, Prudence, 
 or Learning: So we read, that Gregory, when a Bilhop oi Capua was to be cleft cd, 
 the CapiLWS dilagreeing in the Eleftion, and Ibme of them naming Strangers, pro- 
 tefting, that there were none of the Natives worthy, anfwer'd, that it appeared 
 very ftrange to him, and that in the mean Time they ought to make a more narrow 
 Scrutiny among their Citizens, and if truly there was not one fit Perlbn found 
 among them, then he would furnilh them with one. 
 
 BY the Death of Liberius Bilhop ofCiima, which fell out in the Year 592, this 
 fame Pope fent Benenatv.s Bilhop oi Mifeniis to govern it until a Succeifor ihould be 
 elefted. The People of Cuma difagreed in the Ele6tion, ibme defigning to eled: a 
 Perlbn of another Church ; but Gregory made Benenatus to underftand, that he 
 Ihould not allow a Stranger to be eledted, unlels it appeared that there was not a 
 Perfon amongft the Inhabitants of Cuma fit to be rais'd to that Dignity. 
 
 THE fame was praftis'd in the Ele<!iion of the Bifhop of Palermo. Bv the 
 Death of Viiior that Church had remain'd vacant : S. Gregory immediately lent 
 thither Barbatus Bilhop of Beiienjentutn to govern it until there Ihould be a Succefibr 
 eledled ^ The Palermitaus dilagreeing in the Eledlion of a Native, thought of 
 eleding a Stranger; Gregory oppos'd them, and would not allow a Perlon of another 
 Church to be cledted, Nifi forti: mter Clericos ipfius Ci'vitatis nullus ad Epifcopatmn 
 dignus, quod e'ventre noti credimus, poterit inveniri. 
 
 I N fuch manner were the Ele(5tions of Bifhops, when the ancient Difcipline of 
 the Church, and what the holy Canons prelcribe, were regarded. Thus likewile 
 by the Clergy and People, ought the Election of the Bifhop of Ko}nc to have been 
 They had not the Emperors of the Eaft to obflrudt them in it. But already in 
 thefe Times the Princes had begun to ufurp the Rights of the People and Clergy in 
 thele Elections ; whether out of Fear or Complaifance, the Perfon who plealed the 
 Prince was often eleded. The Emperors of the Eaft, as Mafters of Kome, had 
 a great Hand in the Eledion of the Popes, who were their Subjeds, and there was 
 a Cuftom introduc'd, that without their Mandate none could be ordain'd ; whence 
 the Eledted was oblig'd to lend to Conftavtinople to ask the Confent and Permiffion 
 of the Emperor ^ Paul IVarnefride writes *, that after the Death of Benedicius 
 Bcnofus, Pelagh'.s II. was exalted to that Chair in the Year 577, when Rome was fo 
 clofely befieg'd by the Longobards, that none could go out of it, and Pcla^itis could 
 not fend to the Emperor in Conjiantiuople to obtain his Conlent, whereupon he was 
 ordain'd Pope without the Mandate of the Prince ; afterwards wheti the Obftacles 
 were remov'd, the Popes were wont to fend Letters to the Emperors, in which 
 they gave Account of the Impediments they had had, and begg'd to be excus'd, 
 and to have their Ordination confirm'd. S. Gregory the Gr^i?? being elected Pope, 
 and rcfufing to accept of it, wrote to the Emperor Mauritius, earneftly intreating 
 
 ' Epift. Gregor. apud Chloc. locclr. 1 ' Anaft. BibUoth. in Vigilio. Id. in Pelag. II. 
 
 * Ibidem. I * Warnefr. lib. 3. cap. 10. 
 
 P p p him
 
 230 The Civil History of Book IV. 
 
 him that he would not give his Confcnt to the Eledion j but the Emperor was fo 
 well pleas'd with it, that he deny'd his Requeft '. 
 
 IN our Provinces the Princes likewife would have their Share in the Eledion 
 of the Bifhops of their Cities : So it happcn'd in the Year 663, when, by the Means 
 of Duke Koimaldus, Barhatiis was eleded Bilhop o( Bcnevcntum. 
 
 W E alfo read the lame of the Neapolitan Bifhops, and particularly of Bifliop 
 Sergius, who by the Death of Laurent ms, was exalted to that See by Jobn Duke 
 of Naples ; but thefe Cales happen'd to be out of the Rule. The Dilcipline was, that 
 as the Eleftion belong'd to the Clergy and People, lb the Ordination to the Pope. 
 
 THE Difpofition of Bifliops in thefe our Provinces was the fame as in the 
 preceding Centuries : And with regard to their Authority and Jurildiclion, their 
 Power of taking Cognizance was reftridled as formerly to Ecclefiaftical Caufcs, 
 wherein they proceeded by way of Cenfurc ; they had no compleat Juftice, nor 
 Tribunals, nor Magiftrates, and their Cognizance extended no further than what 
 yuftinian had given them in his Nwellce '. As to Honour and Power, it was the 
 lame, and confin'd to the lame Bounds. In the Cities they were only Bifhops, none 
 of them having as yet acquir'd the Authority of Metropolitans ; neither had they 
 Suffragan Bifhops under, and depending upon them, but every Bifhop govern'd his 
 own Church, and the People committed to his Charge. The Patriarchs of Ccnflau- 
 tinople had not as yet invaded our Churches, fo as to be able to make any of them 
 a Metropolis, and advance their Bifhops to be Metropolitans, and fubjedt them to 
 the See of Conftantinopk^ as they did in the Empire of Leo Ifaiiricus^ and of the 
 other Emperors of the Eaft his Succelfors ; only, as we have laid, Ibme Bifhops of 
 the Cities fubjeft to the Greek Empire, began, according to the Vanity of the 
 Creeks, to be honour'd with the Title of Archbifhop, which highly offended the 
 Popes, who rebuk'd thofe Bifhops feverely that accepted of it \ 
 
 SOME have believ'd, that the Bifhop of Naples before S. Gregory the Great, or 
 at leaft by this Pope, was rais'd to the Honours of Metropolitan and Archbifhop. 
 They prove it from this Inlcription which we read in the Decretal •*, under the 
 Title de Statu Monac. where, Gregorius Archiepifcopo Neapolis ; and under the other 
 de Keltgiofis Domibus, where, Gregorius Vtllori Archiep. Neap. But who does not 
 lee the manifeft Incorrednels of the vulgar Code ? for in the corred: Copies the firft is 
 read thus, Gregorius Fortimato Epifcopo Neapolitano, as Goufales likewife read it ' ; 
 and the lecond, Gregorius Vifiori Neapolis Epifcopo : Befides, that in the Regifter 
 of the Letters of S. Gregory, acknowledged and correded in Kojiw, from which this 
 Text is laid to be tranfcrib'd, this Title is not to be found ; neither is this Decretal 
 to be feen amonglt the Letters of S. Gregory, which is laid to be direded to Vilfor. 
 Whence our moft accurate Writers, fuch as Caraccioltis ', and CbioccareUi ', with 
 good Reafon blam'd this their Belief, and they bring back the raifing of this See to 
 be a Metropolis to later Times. 
 
 OTHERS have grounded their Opinions upon the Dilpofition of thele our 
 Provinces under the Pontificate of Gregory, that in thefe Times Naples was made a 
 JMetropolis. Naples, fay they, had in thole Times its own Duke ; the other Cities 
 had their Counts and Governors. A Duke, according to the Polity of the Empire, 
 prefided over many Cities in the Province of which the Dukedom was compos'd. 
 A Count prefided over one City only ; whence in the Laws of the Ifejirogoths, 'tis 
 faid Duke of a Province, and Count of a City j and Fortiinatus fays to Count Sigoaldus, 
 
 ^ti modo dat Comitis, det tihi Jura Ducis. 
 
 REGULARLY the Dukes had twelve Cities under them, and thofe Cities 
 were call'd Counties ; whence a Duke govern'd twelve Counts, as Petrus Pictus 
 oblerv'd from that Place of Aimoinus : Pipinus domtim reverfus, Grifciiem mors 
 DucuM duodecini Comitatibus donavit, as does alfo Camillus PellegrniHS % from the 
 many Examples which we read in Gregory of 'tours in his Appendix : Whence 
 Durandus obferv'd, that by adapting the Polity of the Church to that of the 
 
 * Jo. Diac. vita S. Greg. lib. i. cap. 39, 40 
 
 * Novell. 8;, 8c 12;. 
 
 ' Chioc. de Epifc. Neap. Anno 730. 
 
 * Cap. I. de Statu Monac. 
 
 ' Gonfales d. cap. i. £c de Relig. domib. 
 " Carac. de Sacr. Eccl. Neap. Monum. 
 ' Chioc. de Epif. Neap. 
 * Pellegr. in DIlTert. de Due Benev. 
 
 Empire,
 
 Book IV. the Kit^G DOM of ^ A? LLS. 251 
 
 Empire, the Ducal Cities had Archbifhops, and thofe of Counts had Bilhops, the 
 Archbifliops anfwering to Dukes, as the Bifhops to Counts. Thus Naples beinff 
 made a Ducal City at this Time, tho' its Dukedom was not of luch Extent as 
 afterwards, as comprehending only the neighbouring Cities about Cratcre, fuch as 
 Pompei, Herculaueiwi^ Acerra, Nola, Pozztwlo, Cuma, Mifenus^ Baja, and Ifcbia 
 might have been a Metropolis, and its Bifhop a Metropolitan. 
 
 B U T as 'tis true, that in proceft of Time, the Polity of thcfe our Churches, 
 was by degrees adapted to the Difpofition or Polity of the Empire, as we fhall lee in 
 the following Centuries ; neverthelels, in the Times we are now treating of, the 
 Ecclefiaftical Polity was not adapted to the Dilpoiition of the Dukedoms, either of 
 the Lon^obards or Greeks; and the Difpofition of our Churches, and of thole of 
 Italy was quite different : So that 'tis a fallacious Argument to give Archbifhops to 
 the Ducal Cities. Could there be feen in thole Times a more conlpicuous and 
 eminent City in thefe our Provinces than Bene'ventttni^ the Head of lb large a Duke- 
 dom, that it comprehended many Provinces, and was the Scat of the Dukes of 
 Be7jeveututn ? and yet its Bifhop was neither Metropolitan nor Archbifhop, but 
 acquir'd that Prerogative long after, to wit, in the Year 969, in the Pontificate of 
 John XIII. as we fhall Ihew. Spoktmm^ the Head of another famous Dukedom, had 
 no Archbifhop. Brefcia^ ^rent, and other Cities of Lonihardy, honour'd by the 
 Longobard Princes with the Titles of Dukedoms, had not their Archbifhops in this 
 Century, but long after ; and Brefcia and Spoletium never had any. Gaeta likewife 
 had its Duke, but never an Archbifhop. Capua^ Bari, Khegium, Salernnm confpi- 
 cuous Cities, and many other of thefe Provinces which were fubjed to the Greeks^ 
 had not their Metropolitans from the Popes before the tenth Century, and others 
 much later j altho' the Patriarchs of Conjlantinople difpos'd of them otherwife, as we 
 fhall relate in the following Books. Naples then, as the fame P. Caracciolus^ and 
 others of our Writers confefs, was not made a Metropolis in thefe Times. It was 
 honour'd with this Dignity in the tenth Century, in the Pontificate oijohn XIII. 
 after Capua and Beaeventian, as fhall be told in its Place: All the other Churches of 
 thefe our Provinces had not as yet obtain'd that Prerogative ; they were onlv 
 Bifhops who prefided over Cities, how great and famous foever they might be, and 
 Seats of Dukes. However, 'tis true, that in procefs of Time fome Cities rifing to be 
 Heads and Metropolis's of Dukedoms, or Principalities, and the Popes beginnino' in 
 the tenth Century to exercife new Patriarchal Privileges in thcfe our Provinces 
 by raifing Bifhops to be Metropolitans, and fending them the Palliim ; the Polity 
 and Ecclefiaftical Difpofition began to be adapted and anfwerable to the Polity of 
 the Empire. 
 
 'TIS likewife true, that from thefe Times the Foundations of a new Polity as 
 well of the Empire as of the PriefthooJ, began to be laid. Thus we fee in thefe 
 Times the Cfiurches of Sipontum, Bo'vinum, Afcoli, and Larinum annexed to the 
 Bifhoprick of jBf;/eT;eH/«/;»: Thofe of C//wj, Mtfenus, and BaJ a, join'd to the Bifhop 
 of Naples i not that the Bifliops of thefe Cities acknowledg'd him for their Metropo- 
 litan ; but in Honour of the Ducal City, as their Metropolis, in what concern'd the 
 Polity of the Empire, they allow'd him the chief Honours, for he was look'd upon 
 to be the firfl Bifhop of that Dukedom. In procefs of Time, befides the Dukedoms 
 of Beneveiitum and Naples, the Dukedoms of Capua and Salernnm fprung up, which 
 with that of Beneventum were exalted afterwards to be Principalities. Amalphis and 
 Surrentum had likewife their Dukes, and were ereded into Dukedoms. Bari had 
 likewife its Duke. Some Cities of Puglia and Calabria, of the Brutii, and Lucatiia 
 being alfo made Heads and Metropolis's of thefe Provinces, became more famous 
 than the reft ; whence, conformable to the Polity of the Empire, they receiv'd 
 Metropolitans, and the Bifhops of the leffer Cities of thefe Provinces became their 
 Suffragans : Whence it came to pafs, that the more their Dukedom or Province was 
 extended, the more Suffragans they had ; for which Reafon, feeing the Dukedom of 
 Beueventum extended its Bounds more than all the reft, its Archbifhop had fo many 
 Suffragan Bifhops, that to this Day he has a much a greater Number than any of 
 the other Metropolitans 5 whence alfo it has happen'd, that the Principality of 
 Salerniini, having likewife inlargcd its Bounds, tho' not fb much as BeKcventum, its 
 Archbifhop rctain'd many Suffragans , and that of Capuj. for the fame Reafon like- 
 wife had very many. And on the contrary, the Dukedoms of Naples, SurreiitttDi^ 
 and Amalphis, as being but very fmall, had not fo great a Number of Suffragan 
 
 Bifhops,
 
 2 3 1 'the Civil History of Book IV. 
 
 Bifhops, as the Metropolitans of the other Cities of thefe our Provinces ; as we 
 (hall obferve when we come to treat of their Ecclefiaftical Polity in the latter 
 Times. 
 
 SUCH then was the Difpofition a>id Ecdefiaflical Hierarchy of thefe our 
 Provinces in this Age, to wit, the Pope, as both Metropolitan and Patriarch : 
 Bifhops, Priefts, Deacons, Subdeacons, who were already at this Time tied down to 
 Celibacy, and their Order put in the Rank of fupcrior Orders, Acoiytes, Exorcills, 
 LeAors, and Door-keepers. 
 
 W E read alfo in the Writers of thefe Times, and efpecially in S. Gregory's 
 Letters, of Cardinal Priefts, Cardinal Deacons, and Cardinal Subdeacons ; and that 
 many Churches befides the Roman had of thefe Cardinals, fuch as thofe oi Aquilcja^ 
 Kavenna, Milan^ P'l'^^ T'erracina^ and Syracufe ; and likewile in our Provinces, 
 fuch as the Churches of' Naples, Capua, Bene'venttim, Venafrum, and perhaps all the 
 reft. But in thefe Times, as Florens and Balitttus fufficiently prove ', and as is 
 evident from the very Letters of S. Gregory ; thefe Cardinals were nothing elfe but 
 ftranger Priefts, Deacons, and Subdeacons, who were join'd and added, or, as you 
 may iay, thruft in like a Wedge into a certain Church, whence they were call'd 
 Incardinati, and depended, and turn'd on that Body as a Door on its Hinges i fb 
 that they were no more look'd upon as Strangers, bnt as belonging to that Church, 
 therefore they were call'd Incardinati, or Cardinaks, a Title which tho' at its Rife 
 did not denote any Dignity nor Superiority whatfoever, yet in the following 
 Centuries made fuch a tearing and dazzling Figure, that of late it hath found Means 
 to vie with the Royal Title j and thofe who are honour'd with it, to put themfelves 
 on a Level with the moft potent Kings of the Earth. 
 
 'T I S true there likewife arofe at the fame Time in the Weft, diverfe Officers, 
 and other Titles were heard of, fuch as Cnneliareha, Reiior, Chartularius, and 
 others ; and in the Eaftern Church a great many more, of which there is a long 
 Catalogue in Bedinns % and Leimclavnts '. But thefe Officers were appointed in 
 order to take care of the Temporalities of the Churches, and their Riches. The 
 Bifhops by the Piety of the Princes and the Faithful, who were profufe in making 
 Donations to their Churches, applied themfelves to build other new and more 
 magnificent ones ; and efpecially our Neapolitan Bifhops '' beautified the Churches of 
 their own Cities above all the others of theie Provinces, and built many of them 
 anew : And whereas before this Time the Velfels had been made of Wood, Glafs 
 and Earthen-Ware j the Veftments, and all the other Ornaments had been fimplc 
 and plain ; fb now they were made of Gold and Silver ; the Veftments came to be 
 rich and pompous ; the Ornaments all precious and magnificent ; wherefore it 
 behoved them to appoint one of the Clergy to keep them, and take care of them ; 
 whence the Keeper of them with us ' was call'd Cmeliarcha, and with the Greeks * 
 Magnus Vaforiwi Cuftos. The Church of Naples had her Cin/eliareha, which fhe 
 continues to have to this Day, but with a different Employment : All the other 
 Churches of thefe our Provinces had likewife fuch an Officer, as alio thofe of 
 Rome, Ravenna, and in fine all the reft. The Poffeffions, Farms, and the large 
 Revenues fituated in remote and diftant Countries, had a Perfon appointed to take 
 care of, and look after them ; whence came the Rectors, of whom S. Gregory often 
 ftiakes mention, who had the Charge of the Patrimony of the Churches, and con- 
 fequently the Cbartularii, the Oeconomifts and other Officers. But all thefe Offices 
 were ordain'd for the Temporalities of the Churches, and were not Hierarchical 
 Degrees, nor were they concern'd in the leaft with Spiritual Matters. 
 
 ' Balut. in annot. ad Anton. Auguft. in 
 Decrcto Grat. 
 ' Codia. de Offic Ecd. Conftant. 
 ' Leuncl. torn. 2. Jur. Gracco-Rom. 
 
 * Jo. DIacon. <3e Epifc- Neap. Chio;. d« 
 Epil'c Neap. 
 
 ' Chioc de Epifc. Neap. 
 
 * Codin. Leungl. loc cic. 
 
 SECT. 
 
 t
 
 Book IV. '/^^ K r N G D o M 0/ N A P L E S. z-^x 
 
 SECT. II. 
 
 MONK S. 
 
 CHURCHES as well as Monafteries became more frequent and magnificent 
 in thefe Times, and their Monks more numerous. The Lonplards, as it com- 
 monly happens in the firft Ardour of new Religions, having embrac'd that of the 
 Roman Catholicks, were much more profufe in their Donations to Churches and 
 Monafteries, than the Old Greek Chriftians. King y^^ihdfus having become 
 Catholick, repaired many Monafteries in /f^/;', and built others new. TUmgArtpertiis 
 was as profufe in giving to the Monafteries and Churches, and particularly to the 
 Reman, as he was in reftoring the great PoflfefTions in the Alpes Cottix; whence the 
 Patrimony of St. Peter grew fo great in that Province, that it made fomc believe 
 that Jrtpertiis had given all the Province of the Alps to the Church of Rome. 
 
 OUR Dukes of Beneventum, altho' the Monaftery of Cafiiw had fuffer'd fo 
 terrible a Pillage under Duke Zoto I. a Pagan and Idolater j neverthelels having 
 afterwards, by the Labour ofBarbatus, embrac'd the Catholick Faith, were bounti- 
 ful to the Churches and Monafteries ^ infomuch that Pertonax having repair'd that 
 Monaftery in the Year 690, the Dukes of Beneventum inrich'd it hugely and 
 among others G/7«//)^«i II. increas'd it with immenfe Donations, and great PoflclTions. 
 Thofe Places and Lands belonging to the State of S. Germano were moftly given to 
 that Monaftery ; fo that afterwards in procefs of Time, being inrich'd witli other 
 large Donations, it became fo great and powerful, that the Abbots, as Lords of 
 many Lands and Vaflals, kept Armies in their own Pay, as we ihall fee in the 
 following Century. 
 
 BY this the Monafteries of the Order of S. Bcnedif^ became more numerous in 
 the Dukedom of Beneveutm/i, which in thefe Times comprehended what we now call 
 the two Aprutii, the County of Molife, and the Capttanata ; almoft all Campania, 
 a good Part of Lucania, of Puglia, and of the ancient C^/^j^r/^, 7'arentum, Brmi'- 
 dufiunt, and all the large Country about it '. Many fuch, both of Men and 
 Women were newly ereded in thefe our Provinces under the Reign of the Lougo- 
 hards ; we read of very many in Beneventum in the Time of S. Gregory '■, of the 
 Monaftery of the Monks of S. Nazariiis the Martyr ; of another near to that of the 
 Friers of S. Mary ad Olinjolam : And in the Time of Grimoaldiis V. Duke of Bene^ 
 lentui/i, we read of that of S. Modeftus inrich'd by Grtmoaldtis with great Poffeflions ' j 
 and 1'beodorata Wife of Duke Romualdus his Son, founded a Monaftery of W^omen 
 without the Walls of Benenjentiwi, in Honour of St. Peter the Apoftle. The 
 Example of the Princes was afterwards follow'd by their rich Subjedb, as well 
 Loitgohard as Provincial ; fo that in the Dukedom of Beiieventim^ over all the 
 Provinces which it comprehended, the Monafteries of S. Benedtui were in thole 
 Days more numerous than in the preceding Century. 
 
 IN the Dukedom of Naples, and in all thofe Cities which were fiibjedt to the 
 Greeks, altho' many others of this Order were newly built, neverthelefs the Number 
 of Monafteries, as well of Men as of Women, under the Rule of S. Bafil was 
 greater : Naples had a great many of them, as we have feen in the foregoing Book ; 
 they were no lefs frequent in Otranto, Brundufnm, Rhegiuvi, and almoft in all the 
 other Cities of Calabria and Brutittm. 
 
 THUS the Monafteries were no lefs numerous and rich in thefe our Provinces, 
 than in France and Germany, and other Parts of the Weft j fo that they began to 
 pretend to (hake off the Yoke of the Bifliops, and to ask Privileges and Immunities 
 in order to be at Liberty, if the Ads of the Council be true, which S. Gregory is 
 laid to have held in Rome in the Year 601, in favour of the Monks, it was there 
 ordain'd, that the Monks ftiould have the Liberty to eleft their own Abbot, and to 
 
 • P. Warnefr. lib. 6. cap. 1. I ^ P- Warnefr. lib 6. cap. 1, 
 
 * Ughel. de Epifc. Bcney. p. 19. i 
 
 Q^q q chufe
 
 H 
 
 The Civil History of 
 
 Book IV. 
 
 chufe a Monk of their own Community, or of another Monaftery ; that Bidiops 
 could not take a Monk out of a Monaftery in order to make him a Clerk, or to 
 employ him in reforming another Monaftery, without Conlcnt of the Abbot ; that 
 the Bifhops were not to meddle with the Temporalities of Monaftcries, neither to 
 celebrate folemn Offices in the Church of the Monks, nor exercife therein any 
 Jurifdidlion. By reaibn of all which, the Monaftick State from that Time became 
 confiderable, and fbon after began to incroach upon the Civil and Temporal Suite 
 of Princes, who inftead of fetring Bounds to fb great Acquifitions, rather increas'd 
 them with their immenfe Donations. 
 
 SECT. III. 
 
 ECCLESIASTICAL Reo-uhitiom. 
 
 THE Canons which had been eftablifli'd in different Councils in the Weft 
 during this feventh Century, and particularly in Toledo and in FramCy 
 redrefs'd in a great meaftire the Irregularity of the moft Part of Chriftians, and the 
 Dilcipline of the Ecclefiafticks, that had been much decay'd. 1 hey were invi- 
 gorated likewife by the Edidls of the Sovereigns ; and S. Gregory the Great reftor'd 
 in Italy the declining Difcipline of our Churches ; he took much Pains to preferve 
 it, and apply'd himlelf wholly in caufing the Canons to be inviolably obferv'd in all 
 the Churches. For which Purpofe he wrote a great Number of Letters during the 
 fourteen Years of his Pontificate, which contain a great many Decifions concerning 
 the Government and Difcipline of the Church. 
 
 IF that which Baronius wrote of Crefconius Bifhop oi Africa be true, and what 
 the moft grave Authors fay of the Colled:ion of Ifidore Mercator, there was not 
 one Collodion of Canons made in this feventh Century. Barovius believ'd that the 
 Bifhop Crefconius flourifh'd about the Time of Jitflmtan the Emperor, therefore his 
 great Collection of Canons was fpoke of in the foregoing Book. If then we would 
 follow the Opinion of Doviat ', reckon'd true by Pagi % and embrac'd by Burcardus 
 Gctbelf Stricvius % the Colledlion of Crefconius would belong to this feventh Century, 
 according to the Opinion of thofe who reckon it was made about the Year 670. 
 That of Ifdore Mercatcr muft certainly be rcferr'd to the next Book, feeing this 
 Writer flourifh'd in the eighth Century, in the Year 719. 
 
 IF Jfidore of Spain, Bifhop of Seville, be reckon'd Author of it, this fhould 
 certainly be its Place ; he fate in that Chair after the Death of his Brother Leander, 
 to whom he fucceeded about the Year 595, and govern'd it for almoft the Space of 
 forty Years ; but 'tis certain he was not the Compiler of it, as well becaufe that 
 Colledion contains many Canons eftablifh'd in divcrfe Councils held in Toledo a long 
 Time after his Death, which fell out in the Year 636, and fome Letters of Gregory 
 II. and III. and of Zacharias % who fate in the Chair of Rome in the eighth Cen- 
 tury J as alfo, becaufe amongft the many Works of this eminent Writer, this Col- 
 ledion has never been mention'd by any ' . 
 
 cap 
 
 Doviat. hift. Droit Can. par. i. ch. 21. 
 Pagi in Critica in An. Bar. ad A- 827. n. 14. 
 Struvius hift. Jur. Can. cap. 7. §. 1 1 . 
 Pet. de Marc, de Lone. Sac. & Imp. lib. 5 
 f. n. 2 
 
 ' V. Gonzales in Apparatu de Orig. ^ 
 Progr. Jur. Can. num. 46. V. Hunoidum. 
 Plettenberglum Introduft. ad jus Can. cap. 
 II. ^.7. 
 
 SECT.
 
 Book IV. r/;^ K I N G D o M (?/■ N A P L E S. I55 
 
 SECT. IV. 
 
 Tem^okjlit'ies. 
 
 TH £ fo many profufe Donations, wliich from Time to Time were made, a* 
 well by private Men as by Princes, to the Churches in the Courl'e of little lejs 
 than two Centuries, were the Caufe that the Churches, as well as the Prince and 
 private Men, had their particular Patrimonies. The moft ample Pofleflions which 
 they acquir'd, not only within the Diftridl of their Cities, but alfo in diftant 
 Countries, from whence they drew fb great Revenues and Fruits, were call'd Patri- 
 monies, according to the Cuftom of that Time, in which the PoflelTions of any 
 Family, and the Heritages defcended to them from their Forefathers, were call'd 
 its Patrimony. So likewife an Eftate which a Prince poffefs'd in Property, 
 was call'd Patrimony j and in order to diftinguifh it, not only from the Patri- 
 monies of Private Men, but alfb from his own Revenue, was call'd Sacrum Patri" 
 mofiitiin, as we read in many Conftitutions of the Jiiftinian Code ' ; which after- 
 wards, in the n«w Kingdoms oi Europe, was call'd the Royal Demaine. For the fame 
 Reafons the Name of Patrimony was given to the PofTeffions of each Church : So 
 in the Letters of S. Gregory, we fee not only the Patrimony of the Church oi Rome 
 mention'd, but alio the Patrimony of the Church oi Ravenna -^ the Patrimony of 
 the Church o^ Milan ; the Patrimony of the Church of Rimini ; and of many others. 
 The Churches of great Cities, fuch as Rome, Ravenna, and Milan, as Imperial 
 Cities, and where the Senators, great Officers, and other illuftrious Perfbns liv'd, 
 acquir'd Patrimonies, not only within their own Bounds, but alfb in different 
 Parts of the World. The other Churches of lefTer Cities, fuch as Naples, Rene- 
 njentum, Capua, Salernum, Bari, Rhegium, and many others, whofe Inhabitants 
 had but moderate Fortunes, and all within their own Limits, had no Patrimonies 
 without their own Diflridls. 
 
 AMONGST all the Churches of the Imperial Cities, the Church of Rome was 
 that, which in thofe Days had acquir'd the mofl ample and vafl Patrimonies, not 
 only in Italy, but alfo in the mofl diflant Provinces oi Europe ^ In the Pontificate 
 of Gregory the Great, as may be gathered from his Letters, the Church of Rome had 
 ample Patrimonies in Sicily ; this Pope writing to Jufltn, Praetor of that Ifland, 
 which was govern'd by him for the Eaftern Empire, defir'd that he would take care, 
 without delay, to caufe fome Grain gathered in the Patrimony of S. Peter, to be 
 tranfported to Rome were there was a Scarcity. And feeing thefe PofTeflions were 
 many, and fome of them divided int6 fmall Portions, according to the Donations 
 which from Time to Time had been made by the Faithful ; therefore he wrote 
 again to Peter the Subdeacon, Redor of that Patrimony, that being follicitcd to 
 farm out fome of them, he had not as yet refblv'd what to do in that Matter. The 
 Church of Rome had likewife a Patrimony in Africa, whence Gregory gave infinite 
 Thanks to Gennadius a Patrician, and Exarch of that Province, which he held for 
 the Emperor of the Eaft ; that feeing many Places of that Patrimony had been 
 abandon'd by the Labourers, he had been fo good as to fend many of thole People 
 who depended on him to it, whereby it had been much improv'd. She had alfo a 
 Patrimony in France, the Care of which was committed to a Priefl, whofe Name was 
 Candidus, whom he earneflly recommended, not only to the Queen Brunichikla, 
 but alio to King Childebert her Son, in the Year 596, fhewing. That that Charge 
 had formcrl)' been recommended to Dinanius a Patrician, and wrote to CitiuiicJus 
 giving him an Account how he fhould difpofe of thofe Revenues ; and about the 
 End of his Pontificate, in the Year 604, he recommended that Patrimony to Afcle- 
 piodatns a French Patrician. She likewife had a Patrimony in Dalinatta, which was 
 put under the Care of Antonius, or Antoninus a Subdeacon. 
 
 • Cod. Ju(\In. lib. n * V. Ammirat. in his Opufc. difc. 7. 
 
 In
 
 1 ^ 6 The Civil History of Book IV. 
 
 IN Italy and in thefe our Provinces, the Cliurch o£ Rome had likewife many Pa^ 
 trimonles. In the Province of the y^lpes Cotiia (lie had a large Patrimony, which 
 beino^ poffefs'd for a long Time by the Longobards^ was afterwards reftor'd to her by 
 Kinjj Aripertiis in the Pontificate of John VII. Paul H'arnefride writes, ^hat Ari- 
 pertus King of the Longobards reftor d the Donation of the Tatrmony of the Alpes 
 Cottise, be'lougtug to the Apoftolical See, but for a long I'tme poffefs'd by the Longo- 
 bards ; and fent^this Donation to Rome zvntten in Letters of Gold. Which Donation, 
 as the fame Author affirms, was confirra'd by King Luitprandus : his Words arc; 
 At which Time King Luitprandus confinii'd to the Church of Rome the Donation of the 
 Patrimony of the Alpes Cottiae. In the Exarchate of Ravenna S. Peter had alio his 
 Patrimony ; for in the Pontificate of S. Gregory, there was a Law-Suit betwixt him and 
 the Bifhop of Ravenna for the Patrimony of both the Churches, which they agreed 
 by Trnnladtion. Likewife in our Dukedom of Beneventtm the Church of Rojne 
 had her Patrimony, as fhe had in Salermim and ISIola ; the Revenues of which 
 S. Gregory ' allotted for the Relief of certain poor Nuns. Shealfo had a Patrimony 
 in Naples, whither, as we fee in fome of this Pope's Letters, he fent Reftors from 
 Rome to overfee it, whom he injoin'd to lay out a good Part of the Revenues of it 
 on the Poor. The Redtors of which Patrimony in Naples, were fucceffively Petrus, 
 ^heodimis, ylntemiu-, and others, all Subdcacons of the Church of Rome. Thefe 
 in Naples had their certain Diaconiae, or Places and Stations appointed, in which the 
 Subdeacon Redtor fupply'd the Poor of the City, and difpers'd the Alms, after the 
 manner of Rome, which had many of thefe Diaconiae ^ : In fine, fhe had Patrimonies 
 in fbme other Cities of this Province of Campania, as fhe had in Aprutium, in 
 Lucania, and likewife in Calabria. 
 
 THE Biftiops of thefe greater, as well as of the leffer Sees, in order to make 
 the PoflTefHons of their Churches the more refpedled, were wont to give them the 
 Name of the Saint which that Church had in fpecial Veneration ; thus the Church 
 of Ravenna gave her Poffeflions, the Name of S. Apollinarhis ; and that of Milan^ 
 of S. Ambrofius ; and the Roman her's the Patrimony of S. Peter in Sicily, Africa, 
 Dalmatta, Calabria, Aprutium, Beneventum, Naples, and ellewhere ; juft fo as in 
 Venice, the Publick Revenues were call'd S. MarlCs. Thus likewife the Churches of 
 the lefTer Cities, for the more Refpe<5k, nam'd their Patrimonies by the Name of the 
 Saint for whom they had the greateft Devotion, as in Naples the Patrimony of 
 S. Afpremus ; \n Beneventum, of S. Barbatus ; \n Brundufium, ofS. Leocus ; and in 
 Amalphis, of S. Andrew, in Salernum, of S. Matthew ; and fb of all the refl. 
 
 BUT 'tis well worthy of Obfervation, that this Name of Patrimony, which the 
 Church of Rome had in thefe Provinces, did not import any fupreme Dominion, 
 or any Jurifdiclion which the Pope, or the Church of Rome had over fuch Patri- 
 mony ; they held of the Prince in whofe Provinces the Patrimony was fituated, as 
 ill other private Patrimonies did, and were fubjedl to the Jurifdidtion and immediate 
 Dominion of that Prince in whofe State they were. 'Tis true, fome Ecclefiaflicks of 
 the Church of Rome attempted to make Incroachments, but all in vain j for in the 
 Patrimonies of Princes, when they were not allotted to Soldiers, there was a Gover- 
 nor appointed with Jurif3i(5tion over all Caufes which could happen concerning thefe 
 PofTeflions, for the more eafy bringing in of their Revenues, and for compelling 
 Debtors ; which very Prerogatives fome Ecclefiaflicks attempted to ufurp in the 
 Patrimonies of that Church, by taking the Adminiflration of Juflice into their own 
 Hands, without having rccourfe to the Judgment of Magiftrates : But S. Gregory, 
 that mofl prudent and wary Pope, check'd that Incroachment, and forbid it under 
 the Pain of Excommunication ; neither would the Princes on any account fuffer 
 it within their Dominions. 
 
 THEREFORE the Ecclefiaflical Poffeffions paid Tribute to the Prince as all 
 other private Patrimonies did, which appears plainly from Can. fi tribiitum, of 
 S. Ambrofe ^ ; and 'tis clear, that the Emperor Conftantinus Pogonatus, in the Year 
 68 1, granted Exemption from the Tribute which the Church of Rome paid for her 
 Patrimony in Sicily and Calabria. And the Emperor Jujiinianus Ritmenus, Suc- 
 ceffor of Conft ant ine, in the Year 687, remitted the Tribute which the Patrimonies 
 of Aprutium and Lucania paid. This Indulgence of Tribute occafion'd a Friendfhip 
 
 • Lib. 1. ep. 21. J ' Can. fi tributum XL q. I. 
 
 * V. Ant. Matt. man. ad jus Can. 1. 1. tic 17. ' 
 
 and
 
 Book IV. /Z7fc' K I N G D o M 0/ N A P L E S. 1 ; ? 
 
 and good Correfpondence betwixt the Popes and the Emperors of the £aft ; but 
 when afterwards by the Innovations which arole in the Empire of Leo Ifaitricus, 
 there grew thofe bitter Contentions betwixt the Popes and the Emperors of the 
 Eaft, which (hall be the Subjeft of the following Book, and which at lart broke out 
 into open Sedition and Enmity ; Leo Jfauriais in the Year 732, not only did not 
 exempt, but took away altogether from the Church of Rome the Patrimonies of 
 Sicily and Cal.'.bna^ and apply'd them to his own Exchequer. And the Writers* 
 who relate thele Events, report, that thefe confifcated Patrimonies yielded in ail a 
 Revenue of three Talents and a half of Gold Yearly ', which make in our MoiieVj 
 (not to be precife as to the different Opinions about how much anfwers exadtly to a 
 Talent) the Sum of 2500 Crowns ; and the Patrimony of Sicily^ tho' very large, 
 yielded no more than 2100 Yearly. 
 
 THOSE Patrimonies which the Church of Row/e had in diflferent Provinces, 
 where the Ecclefiafticks, when they found their Account in it, likewife frequently 
 ulurp'd Ibme Juriftlidion in Caufes belonging to them, gave rife amongfl the 
 Writers of latter Times, to a Blunder, which was fwallow'd as a Truth by thofe 
 that came after them, who from this invented other Stories, to wit, that the 
 Province of the Alpes Cottia, Sicily^ the Dukedom of Beiwientum^ the Dukedom 
 ofSpoletium, f^rt o( ^iifcany and Campania, and many other Provinces belong'd to 
 the Church of Koiue, becaufe fhe had Patrimonies in them, by confounding the 
 Patrimony which fhe had in the y^lpes Cottix, with the Province itlelf, and fb of 
 the other Provinces. Into which Blunder, we cannot hut admire, that amon^ft 
 others our Scipio Amrniratus % ocherwife a mofl careful Hiftorian, fhould have 
 £illen ; v/ho, as Paul JVaruefrtde himfelf declares, would likewife give us to nnder- 
 ftand, that the Donation of King Aripertus contain'd the Reflitution and Confirma- 
 tion of the Alpes Cottia to Pope John VII. ; whereas from the W^ords of this Writer 
 above relatedj 'tis evident, that the Patrimony of the Alpes Cottia is meant, and not 
 that Province, which comprehended a great Tract of Country, and reach'd as far as 
 Genoa, beautified with fo many Cities and Towns, that it would be Folly to believe, 
 that that Prince, in fb gloomy and fufpicious Times, would have given it to the 
 Pope, then a Confederate of the Emperors of the Eafl, who were implacable Enemies 
 of the Longobards. 
 
 W E fhall fift this Miftake when we come to treat of the many famous Dona- 
 tions of Charles the Great, and Le--^is the Pious ; where we fhall fee, that what we 
 read in them oi Naples, Saleruuin, and efpecially Beuirjeittum, is to be underflood 
 only of the Patrimonies which the Church of Rome had in thefe Provinces, and not 
 at all of the Dukedoms and Principalities ; which Patrimonies, according to the 
 Cuflom of thefe Times, were confirm'd and granted to the Church of Roi>.'e bv 
 Virtue of the Prxceptd of the Emperors, who fuccefTively reign'd in Italy, as was the 
 Patrimony of Beneveiitrm by Lewis the Pious, in the Year 817, to Pope Pafcbck 1. 
 which was afterwards confirm'd and granted anesv hy Otbo III. and Or^o King of 
 Germany, his Son, to yo/?'/7 XXll. in tlie Year 962, and not the Dukedom or Gey 
 of Bene^oentiim, which certainly came under the Dominion of the Church in the Year 
 1052, by way of Exchange, made betwixt Henry II. the Son ofConrade, and Pope 
 Leo IX. for the Church of Bauberg, as fhall be fhewn in its proper Place. 
 
 SO great in thefe Times was the increafe of the Temporal Riches of our Churches, 
 and efpecially of the Church ofRvnte their Miflrefs and Leader, and according to 
 the Circumftances of die Times we fhall fee them make greater Acquifitioiis in tlu 
 Ages following. 
 
 "the Number of Churches and .Monafleries increafing, the WorOiip of Samts, 
 their Reliques and Images grew much more. The SanCtuai"ies, and above all, that 
 of Mount Gargamis, were more frequented, and inrich'd with valuable Gifts, not 
 only by the Greeks, but Longobards. Miracles were multiplied ; and 'bcfides Preach- 
 ings and Sermons, innumerable Stories began to be forg'd concerning them, and to 
 be colledted into Volumes , and S. Gregory pubiifli'd a great many of them in his 
 four Books of Dialogues, which he dedicated to Queen 7'heodulinda. Holy-Days 
 were multiplied in the Churches ^ the Odtave of Cbrijtmas ; that of i\\c Epiphany , 
 
 ' TlvEophancs appellataPatrimonia Sanftorum 
 Principum Apoftolorum, qui apuJ vetcrcm 
 Romum in Vencrationc fuiu, illoium Ecdefiis 
 J4m olim pcrlblvi iblita, auri Taltnca tria Jv 
 
 fcmis, xrari,-) Publico folvi juflit. V. De Marca 
 
 de Concord. Sacciil. is: Imp lib j c u n. 4. 
 ' Ammir. opulc. ilil'c. 7. 
 
 R r r thofe
 
 M8 
 
 The Civil History, &c. 
 
 Book IV. 
 
 ibolf- of the Purification and Annuncation of the Virgin ; her Death and Nativity ; 
 and in fine, that of all Saints. Riches increas'd proportionably to Worfhip and 
 Devotion, the Faithful promifing themfelves to obtain of the Saints, not only 
 Spiritual, but alfb Temporal Riches, Health, Abundance, and good Succefs in 
 their Traffick. and Affairs, Navigation, and Land Joumies.- 
 
 FROM fo many and different Springs which began to difcover themfelves, the 
 Poffefnons and Inheritances of the Churches miiltiply'd much more ; and the Reafbn 
 was, bccaufe, as our Ammiratus writes. Religion being an Account which is kept 
 with God, and Mortals ffanding in need of him in many Things, either by thanking 
 him for the Good receiv'd, or the Evil elcap'd, or by intreating him that fuch a Thing 
 may not happen, or that another 'I'hing may fticcecd well ; it neccffarily follows, 
 that out of Gratitude we fhould give a Share of our Goods, not to Him, who ftands 
 not in need of them, but to his Temples, and his Priefts : How much more then 
 miift the Donations and the Offerings increafe, when there was not only an Account 
 to be kept with God, but likewife with Co many Saints, by whofe Interceffion the 
 Faithful expected the fame Things? and their Worfhip and Veneration having 
 increas'd fo much, and thereby many Monafleries and Temples being cretted in their 
 Names, and their Sanduarics being multiply'd, it was eafy to draw the People in ta 
 make Offerings of their Goods and Pviches in greater Plenty, both to their Temples 
 and Priefts. The Cuftom began likewife of giving, not only to the Churches, but 
 alfo to the Parifhes and Priefts, and other Minifters, for their Maffes for liberating 
 the Souls of their deceas'd Friends out of Purgarory ' ; whence proceeded, as 
 Mornacius ^ believes, the Authority which they affum'd of making Wills to thofe 
 who died Inteftate ; of which we fhall have occafion to treat in another Place. 
 
 OUR Churches kept up the lame Rule in the Diftribution of the Revenues and 
 Temporal Riches into four Parts, one to the Bifhop, another to the Clergy, a third 
 to the Poor, and the fourth to the Material Church. The Church o( Naples in the 
 Time of S. Gregory, under Bifhop Pafcajiii^, had a numerous Clergy, amounting tea 
 hundred and twenty-fix, befides Stranger Priefts, Deacons, and Clerks : And we 
 read in the I>etters of this Pope ', that Pafcafius negledting to diftribute the Revenues 
 to the Poor and the Clergy, as was requifite, he, the Pope, was oblig'd to diftribute 
 them, and referving the Bifhop's Portion, he appointed what was to be given to 
 the Clergy and the Poor, injoyning likewife Anteniitis his Subdeacon, who was Redlor 
 of S. Pe/er's Patrimony m Naples, that jointly with the Bifhop, he fhould overfee 
 the Divifion according to the Neceffitiesof thePoor, and the Qiiantity of the Money ; 
 and order it fo, as to diftribute it at a proper Time, according to his own Dilcretion, 
 
 THE Church of Beriereutiwi likewife obferv'd the fame Cuftom of dividing the 
 Revenues into four Parts: S. Barbattis her Bifhop would not in that depart from 
 the Direction of the Canons; and we read in his Afts, that after Duke Romualdus 
 had inrich'd his Church w ith fb many Donations, and added that of Stpouttan to her, 
 by a particular Diredion he refblv'd to fettle this Diftribution for ever, which was 
 always to be obferv'd in his Church ; thus we read in thefe Ad:s ", Impetratis 
 omnibus ut popofcerat 'vir Sandiis, non eft oblittis viandatoruin Dei : In qiiatuor partes^ 
 ainiJum Ecclejix redditum onmi tempore fanxit fidelitcr difpartiri, miam egeutibus, 
 fecimdam his, qui Domino fedulas in Ecclefiis exbibent Laudes, tertiani pro Eccleftarum 
 reftauratione diftribin jtixta quart am fuis peragendis titilitatibus Epifcopus habcat ; ^ 
 baSlenus ficut ab co difpofita Jtnit, in pnefenti cunita videntur. 
 
 ALL the other Churches of thefe our Provinces obferv'd the fame Rule, which 
 befides other Things was commendable for this, that the Poor were not cheated of 
 their Portion, and the Bifiiops praftis'd that Hofpitality to Strangers, to which 
 they are oblig'd by the Canons. 
 
 ' v. Bodin. lib. f. de Rep. c. z. p. y^c. 
 * Mornac. ad 1. i. C- deSacrofanrt. Ecd. Aat. 
 Matth.manud. ad jus Caa. lib. 2. tit. 1. 
 
 ' Lib. 9. ep. 29. V. Chloc. de Epifc. Neap, 
 in Pafcafio . 
 
 * We read them in Ughel. de Epifc. Benev 
 in S. Barbato. 
 
 THE
 
 C M 9 ] 
 
 THE 
 
 CIVIL HISTORY 
 
 Of the Kingdom of 
 
 NAPLES 
 
 e 
 
 BOOK V. 
 
 VI^PKANDUS King oi xht Longobards, having in the 
 Year 711, fix'd the Throne of his Kingdom \n Pavia^ as 
 his PrcdeceflTors had done, began to give very great Marks 
 of his Goodnefs and Prudence. And like his Father and 
 other Kings his FrcdecefTors, was mod ftedfaft in the 
 Cathoiick Religion, to whole Viety Pa'via owes the glorious 
 Bones of Augujitne, which he rccover'd from the Saracens, 
 after he had driven them out of Sardinia, where he found 
 the precious Shrine. He, imitating Kotans and Grinioaldiis^ 
 would likewife have his Share of the Glory of a wife Law- 
 maker j for which end, in the firft Year of his Reign, according to Cuftom, having 
 convcn'd the States of the Kingdom in Pavia, he ordain'd other Laws, and added 
 them to the Edids of Kotans and Griraoaldiis ' ; not fatisfy'd with that, in the 
 following Years, as Occafion rcquir'd, he eftablifh'd others: So that amonglt the 
 Kings of the Longobards^ next to Kotans, Luttpraiidus was he, that more than any 
 other provided his Kingdom with Laws. 
 
 P VVarncfr.lib. 6. c 5-8. Bernard, Saccus hill. Tici.T. lib. 9 c y. 
 
 Sigia ad A. 71 ;. 
 
 s r c T
 
 240 The Civil History of Book V. 
 
 SECT. I. 
 
 The La-JDs of LUITPRANDUS. 
 
 MANY Laws of this Prince, full of the greateft Wifdom, have been handed 
 down to us in the Volumes of the Longohard Laws ; but in the Parchment 
 Code of the Monaftery of the Cave we read his intire Edids, whence the Compiler 
 of that Volume took them. There we read his firft Edid, which was publifh'd in 
 the Firft Year of his Reign, containing fix Chapters, amongft which the firft has this 
 Title, de SiicccJJione filiarum. Wc likewife read the other Edidts which he made in 
 the following Years ; for in the Fifth Year of his Reign he publifti'd another, which 
 contains other feven Chapters ; in the Eighth, ten ; in the Tenth Year five ; in the 
 Eleventh, thirtj'-three i in the Thirteenth Year five ; in the Fourteenth, fourteen j 
 in the Fifteenth, twelve ; in the Sixtenth, eight ; in the Seventeenth, thirteen, in 
 the Nineteenth, thirteen ; in the Twenty-firft, nine ; in the Twenty-lecond, four ; 
 in the Twenty-third, five ; and fome others he publilh'd in the following Years : So 
 that the Laws of this Prince, as they are regiftred in the fame Code, which is 
 prelerv'd in the Archives of the Cave, amount to the Number of a hundred and 
 fifty-two J to which in the forefaid Code we fee feven other Chapters added, whofe 
 Titles or Summaries are, 1. De Mercede Maziftri. II. De Muro. III. De Annona. 
 1Y.De Opera. Y. De Camnata. Yl. DeFunio. YU. De Piileo. 
 
 OF thcle Laws, only 137 were inferted in the Volumes of the Lougobard "Laws 
 by their Compiler. In the firft Book we read 48 ; and in the Second 89 ; for in the 
 Third there arc none. The firft which we read in the firft Book is under the Title de 
 Jllicito Confilio ; the other under Title 8, wc read nine others under the Title de Homicidiis ; 
 another under that de Panicidiis ; one other under the fourteenth Title of the fame 
 Book ; four under the Title de Jiijtiriis MvMerum ; three in the feventeenth Title ; 
 one under the Title de Seditione contra Judiceru-^ another in the nineteenth Title j 
 one under that de Paupere j four in the twenty-third Title ; twelve under that de 
 Furtis, ^ fervis Fugacibiis ; one under the Title de Invajiouibtis ; another under the 
 twenty-ninth ; another under the Title de Kaptn Miilieruiii ; another under that de For- 
 nicatione ; three under the Title de Adultcrio , one in the thirty-fourth Title j and 
 another under that de Ctilpis fer-voruvi, which is the laft of the firft Book. 
 
 IN the Second we read many more to the Number of 89 ; two under the fecond 
 Title ; one under the third ; three in the fourth ; one in the fifth ^ another in the 
 fixth ; another in the feventh ; eight under the Title de Prohibitis Nuptits ; one in 
 the ninth ; another in the tenth; another in the eleventh ; three under that de Con- 
 jiigiis fervoriim ; another under the thirteenth Title ^ another under that de Dona- 
 tiontbiis ; another under the Title de ultiinns J^olumaTibus ; three under the thirteenth j 
 fixteen in the Title dc Debiris., & Guadinicniis ; one under that de 7'reugis ; two 
 under the twenty-fifth ; ar.ocher under the twenty-fixth j another under that dc 
 Depofitir-, another under the Title dc Rebus mtcrtiatis ; feven in the Title de Pro- 
 bibttd j-Uicnatioue ; two under the thirtieth ; one under that dc Probibna Alietia- 
 TioJie fer-jortim j four under the Title de Prxfcriptiombus ; two under that de E-vic- 
 iionibiis ; four under that de Satitimonialibiis ; two in the Title de Ariolis ; four under 
 the Title de Kevereiitia Ecclefix^ fen ii/iwi'mratibiis debit.-! , five under that ^ijalner 
 'Jiidices jttdicare debeant ; one under the Title de Confuctudiiie , another under that 
 de ^cjiibiis ; four under the Title ^i.iliter qv.is fe defend. Deb. ; and one in that 
 de Perjnriis, which is the laft Title of the Book. 
 
 IN the third, we have no Laws o( Ltntprandiis, it being compos'd for the moft 
 Part of the Laws of thofe Emperors who reign'd in Italy, as Succelfors to the Kings 
 of the LoiigobardSy after having driven them out of this Province ; all that the Com- 
 pilers inferted in it were a few of the Laws of Rot an s., of Racbis^ and AJfolpbm 
 W't may lee fome other Laws of this King in Marcolpbns ' and GoldajJus. 
 
 ' Marcol. tit. $■/. §. 4. Goldaft. torn. 
 
 BUT
 
 Book V. r^^ K I N G D o M 0/ N A P L E S. 141 
 
 BUT the Wifdom which this Prince fliew'd in fettling his Kingdom with fuch 
 provident Laws, and all his other Talents, were not a little cclips'd by his too great 
 Ambition of Dominion, and his extreme Defire to inlarge the Bounds of his King- 
 dom beyond what his Predeceflbrs had left him, which he pufh'd fo fir, that at laft 
 it occafion'd the Ruin of the Empire of the Lonq^')bards in Italy to his SuccefTors ; for 
 not fatisfy'd with having retaken the Patrimony of the Alpes Cottix from the Pope, 
 which a little before King Ariperttis had contirm'd to the Church of Rome ; he 
 likewife invaded the Sabinian Patrimony ; and being altogether intent upon taking 
 Advantage, and leeking any Opportunity of inlarging his Dominions, fpurr'd on 
 by a covetous Defire to a quick and dexterous Execution, he much inlarg'd his 
 Kingdom upon the Ruins of the Greeks : So that his Power made the Popes jealous 
 of him ever afterwards, and at laft they feeing the Greeks deprefs'd, and the Autho- 
 rity of the Emperors of the Eaft almoft quite abolifli'd in Italy, and not trufting any 
 more to the Greeks, who had become their greateft Enemies, rclolv'd to have 
 recourfe to foreign Afliftance, in order to bring down fo great an Empire, in the 
 Manner we (hall fhew anon. 
 
 SECT. ir. 
 
 Innuvations in Italy, occafiondhy the Edicts ofl^co Ifauricus. 
 
 AT this Time Leo Ifauricus reign'd in the Eaft, who following the Footfteps of 
 Bardamis, Surnamed Philtppicus (who was the firft Emperor of the Eaft that 
 began to make War upon Images) was called Iconomachus, becaufe he had Images 
 in the greateft Abomination ; for he was perfuaded, that by throwing them down, 
 he fhould drive out Idolatry, which, he believ'd, by the Adoration and Worfhip 
 of them, had intruded upon Chriftianity, by which he promis'd himfelf Prolperity 
 to his Empire ; and for a Reward of lb bold and pious an Undertaking, as he 
 thought, flatter'd himfelf, that if he fucceeded he fhould be able to enlarge his 
 Empire, to recover Italy from the Longobards, and to reftore it to its anticnt Dig- 
 nity and Grandeur. There were not wanting Ibme who, in order to improve his 
 Error and fond Conceit, by Prefages and Omens, confirm'd by Chance, promis'd 
 him an eafy and fafe Accomplifhment of his Defign ; and the Policy of this Prince, 
 which cannot be deny'd, was very great, was deluded and impofed upon by fuch 
 idle Prophecies ; forafmuch as he did not confider that fb ftrange and unheard of 
 an Undertaking could not but excite Difturbance and Tumults amongft a People, and 
 efpecially Italians, who now for a long time, had been accuftom'd to worfhip thofe 
 Images in the Churches, and elfewhere, and to promife themfelves not only fpiri- 
 tual, but alio temporal Happinefs by the IntercefHon of their Prototypes ; being 
 ftruck with fuch a ftrange Novelty, their Minds could not but be filled with great 
 Horror, by feeing thofe Statues which by their Forefathers, with equal Piety and 
 IVlagnificence, had been placed in their Temples, and over the Gates of the Cities, 
 for publick Adoration, burnt by the Hands of vile Men, and, with the utmoft 
 Contempt, thrown down, and broke in a thoufand Pieces. 
 
 I T certainly could never have entered into the Mind of Man, to contrive a 
 more flagrant or fhocking Innovation than this, for putting all the Provinces of 
 Italy into Difbrder j for the other Herefies, which had nothing popular or tragical 
 in them, tho' they had diffiis'd themfelves in the Minds of Alen^ and efpecially 
 the Arian, yet they could not raife fb many Tumults, and fuch Confufion, as this 
 was able to do, which could not be put in Execution but by fuch tragical Means 
 as burning, throwing down, demolifhing, and the like. Leo, as a prudent and 
 judicious Prince, in the Beginning took foft and peaceable Methods j he firft endea- 
 vour'd by Reafoning, and earneft Entreaties, to perfuade others to believe as he 
 did ; but feeing that did not avail, he put forth an Edift, by which he com- 
 manded only, that the Images fhould be rcmov'd from the ufual Places where they 
 were fet in order to be worfhipped, and placed on the Tops of the Ten^jles, where 
 they could neither be worfhipped nor adored : But when he afterwards perceiv'd 
 
 Sff that
 
 2^2 ^e Civil History o[ Book V- 
 
 that the People entertain'd a Horror and Averfion for fuch Edids, he was ieiz'd 
 with fudden Indignation and Rage, and laying aflde all Patience and Moderation, 
 became lb furious in the Undertaking, that convening the Senate, by publick 
 Declaration he ordain'd. That all the Images fhould be thrown down, and not fo 
 much as one fhould be fuffered within the Churches of CoiiJIantiiiople, being per- 
 fuidcd, that the longer he delay'd the bringing this heroick and glorious \\ ork to 
 a Conclufion, the longer it would be before he rcceiv'd his Reward, according to 
 his conceiv'd Notions. 
 
 IN the Eaft, Genuaiins, Patriarch of Coujlantinople^ and S. John Dnniafce}ie, 
 oppos'd this Defign of the Emperor; but Leo caus'd Genaaims to be depos'd, and, 
 in the Year 730, ordered Anaftafiits to be put in his Place. There are ibmc who 
 have wrote, That he likewife caus'd his Edidt to be put in Execution in Con- 
 flaiitinople by Force, by burning, and turning topfy-turvy all the Images, and all 
 "that was rare or foreign in that City; and likewife, in the Sight of all the World, 
 caus'd the Statue of our Saviour, which was raifed above the great Gate of the 
 Imperial Palace, and had been plac'd there by Conjiantine the Great., to be puHM 
 down ; Others reckon the pulling down of the Statue of our Saviour as fabulous, 
 and will have it, that in thefe Beginnings Leo did not proceed to that Heighth of 
 Madnels. However that may be, he would have his Edidt obferved, and put in 
 Execution, not only in Confiantinople, and in the Eaft, but alio in all the Provinces 
 of the Weft which had remained under his Dominion. '1 herefore he 
 ftrongly injoyn'd his Officers who had the Government of thefe Provinces, that 
 they fhould fee the Edict put in Execution in the Cities under their Command ; and, 
 cfpecially, he commanded Scholaflictis^ a Patrician, who was at that Time Exarch 
 o( Ravenna, that he fhould fee his Orders pundlually obey'd, by throwing down all 
 the Images in that City, without fufFering one to remain. 
 
 BUT in the Weft, and particularly in Italy, the Edidl was not only not obey'd, 
 but the People had it in fuch Abhorrence, that they broke out into open Rebellion. 
 The Princes of the Weft that were not fubjeft to his Empire, the Lcngohard Kings 
 oi Italy, and our Dukes of -Braetw///.'?;?, deteftcd it, and would not allow it to be 
 receiv'd into their Dominions. The People of the Greek Empire had the fame 
 Averfion for it; neither was all the Power of the Officers, who us'd all Means 
 poffible for having it obferved, ever able to furmount the obftinate and univerfal 
 Repugnancy. It was of no Force in Rome, nor all the Roman Dukedom : It had 
 no better Succefs in the Dukedom of Naples, and the other Dukedoms and Cities 
 fubjedt to the Emperors of the Eaft. Scholaftictis, Exarch of Ravenna, by en- 
 deavouring to oblige that People to obferve the Edidt by Force, occafion'd greater 
 and more dangerous Difbrders ; for having commanded that all the Imnges of 
 that City fhould be puU'd down by main Force, he rais'd fuch Tumults, that 
 the People being driven on to an open Revolt againft the Emperor, brought 
 Matters to that Extremity, that at laft they fubjefted themfelves to the Dominion 
 of Luitprandus : For this moft cunning Prince, who was always upon the Catch 
 fbr aggrandizing his own Kingdom at the Expcnces of the Emperor, having heard 
 of this Revolt in Ravenna, immediately laid Siege to that City, and invefted it 
 both by Sea and Land ; and, after having defeated the Grecian Fleet, made himfelf 
 Mafter of it in a few Days ' : Many other Cities of the Exarchate f inrendered to 
 him ; and at laft he reduced the Exarchate into a Dukedom, and added it to the 
 other Dukedoms of the Longobards, giving it a new Form, and created Ildeprandus, 
 his Nephew, Duke of it (the fame who was afterward raifed to the Royal Throne) 
 to whom, being yet an Infant, he gave Peredeus Duke of Vicenza, for Guar- 
 dian. 
 
 AT the fame Time Grejory II. of that Name govern'd the Roman See, who had 
 fucceeded to Conjlantine in the Year 714. Altho' he in Conjundlion with the 
 Romans \\^A greatly oppos'd the Defigns of Leo ; ncverthelefs being jealous of the 
 Power of the Longobards, as all his Predeceflbrs had been, he could not endure their 
 Kingdom under Luitprandus an ambitious Prince, to become fb powerful as to 
 enable him to ruin his See and the Pontificate. On this Account, as the other 
 Gregory had done, he was always careful of the Intereft which the Emperors of the 
 Greeks had in Italy, and took care that their Power might not decline in order to 
 
 ■ Anaft. InGreg. II, P. Warnefr. lib, 6. 
 
 oppofe
 
 Book V. the K i m g d o m 0/ NAPLES. 24; 
 
 oppofe the Defigns of the Lmgohards^ to hem in their Authority, and to curb their 
 Power ; therefore he oppos a the Duke of fieneveut/o//, and aiTiiled tlie (Jreek 
 Neapolitans in keeping Cinna from being llibjedicd by the Beneveutaii Lovz^obanis. 
 And tho' he was bound in Duty to oppole the Defigns of Leo in this Innovation of 
 throwing down the Images, and had been moll: unworthily treated by the Jimpcror 
 even by thrcatning to drive liim out ot liis See, and iend him into Exile ' ; fur 
 all that, preferring the Publick Caufe to Private Injury, he did his utmoft to pre- 
 vent the Revolt of the People of It.i.'y who were under his Command, and defend 
 the Lands of the Empire againft the Invafion cf the Lo;:gobards. 
 
 H E had not a neighbouring Prince in Italy to whom he could have recourfe for 
 Afliftance to ftop the Career of the Longobards. The fmgle Power of the Greeks 
 was not fufficient; the Republick of I'enice was the only one remaining, which tho' 
 rifen from a (lender Beginning, was at this Time come to be of fomc Confideration 
 in Italy, infomuch that the Exarch had fled thither for Shelter ; in the mean Time 
 Gregory recommended himfelf andapply'd to the Venetians for AHiftance, and having 
 wrote a very pithy Letter to i'rfus their Duke, it had lb good Effed:, and lb far 
 influenc'd his Officers, that at lall the Venetians were induc'd to reinftate the Exarch 
 in Ravenna, which they retook fo fuddenly from the Longobards, that Luitprandiis 
 could not fuccour it from Pavia ; the Longobards being driven out, Ikieprandus 
 remain'd Prifoner in the Hands of the Venetians, and while Peredcns was making his 
 Elcape, he was mifcrably kill'd. 
 
 THE Pope thought that Leo would have been grateful for Co confiderable a 
 Service ; whereupon he began to follicit him by Letters more preffingly than ever % 
 to give over his Undertaking. But Gregory was much deceiv'd in his Expectation, 
 for this Prince, who knew very w^ell that Gregory had bellirr'd in getting him A€- 
 fiftance, more for his own Intereft, than that of the Empire, was much more ex- 
 afperated I'eeing he continu'd ftill to oppofe his Defign, and that by an open Revolt 
 he had endeavour'd to (hake off his Dominion ; and knowing the Steadinels of the 
 Pope, /that he would always be an Enemy to his Enterprize, he refolv'd in earneft 
 to remove all Obftacles j and becaufe it would be a very difficult Matter to compafs 
 his Ends by Force, he refolv'd to have recourie to /.rt and Treachery. The B^oman 
 Dukedom, as we have often laid, continu'd under his Dominion, and the Dukes 
 were lent by him to Konie to govern it. Mauritius was at this Time Duke of Rome, 
 to whom he gave moft fecret Orders to befriend three of his Officers, who were at 
 Roine ; who lying in wait for the Pope's Life, had given their Parole to ieo to 
 carry him to Conftantinople dead or ali-\-e ; but their Defign did not fucceed, and 
 the Emperor thinking that it had mifcarried by the Negligence of fome of his 
 principal Officers, in the Year 725. lent Paul a Patrician to Italy to command as 
 Exarch ', whom he injoin'd to lee this Defign put in Execution, upon which the 
 three Confpirators being alTur'd of fuch pow erful Protedlion, made hafte to give the 
 defign'd Blow ; bat before they could put it in Execution the Conlpiracy was d\{- 
 cover'd by the Romans, who w-ere moft vigilant for the Prefervation of a Pope for 
 whom they had {o great a Value ; for they apprehended two of them, who were 
 immediately put to Death j and the other elcaping into a Monallery, turn'd Monk, 
 and there ended his Days. 
 
 I N the mean Time the new Exarch, who was Ipurr'd on with moft prefling 
 Orders from Leo, to leave no Stone unturn'd for getting the Pope into his Clutches, 
 feeing all his Art and lecret Ambufhes came to nothing, the Pope being too well 
 guarded by the Romans, at laft, impatient of any longer Delay, in order to keep his"" 
 Parole which he had given to Leo of putting Gregory into his Hands '^^ refolv'd to 
 make ule of open Force. Therefore as foon as pofTibly he could, he aflembled fome 
 Troops, partly from Ravenna, and partly from the Army, which he had always 
 ready for defending himfelf againft the Infulcs of the neighbouring Longobards, 
 which he order'd to join the Imperial Forces which were too weak in Rome, and to 
 carry off the Pope and conduct him to Ravenna. 
 
 BUT Luitprandus, a crafty and fubtle Prince, tho' offended at Gregory, who had 
 ftirr'd up theVenetians to takt Ravenna fromh'im, as they had done, yet in this Pinch 
 refolv'd to affift the Pope and the Romans againft the Greeks, in order to keep the Ballance 
 
 Sigon. ad A. 72 f. 
 
 Ep. I. & 2. Greg, ad Lloti. 
 
 3 Marq. Fieher. in Chronol £far. Rav 
 '' Anaft. in Greg. U. 
 
 even
 
 244 ^^^ Ci V iL H iSTOR Y 0^ Book V. 
 
 even betwixt them, that by aflifting each Party, as he faw occafion, he might 
 divide, and by degrees weaken both the one and the other, and afterwards take 
 Advantage of their Weaknefs. In the mean Time he gave Orders to the Governors 
 of the Towns which he had in the neighbourhood of Ravenna and Konie^ to join 
 the Romans^ who by fo ftrong Succours, being fuperior in Strength to the Exarch, 
 oblig'd him to ftop near Spoktimn, and at laft give over his Undertaking, and return 
 to Ravenna. 
 
 IN the mean Time Leo, otherwife not fo unexpert in the Art of Government and 
 DifTimuIation, altho' he had feen that his Force and Treachery had I'ucxeeded fo ill, 
 yet fufFer'd himfelf to be fo much led by his Paflion, that not minding the great 
 Detriment that fb extravagant a Relolution, which he had taken when he had leaft 
 Reafbn, would bring upon him, he beiiev'd that his Authority alone, without Force, 
 would eafily do what with Arms and Treachery could not be put in Pradice ; there- 
 fore, laying afide all other Confiderations, and confulting only his Paflion, at a very 
 unfeafonable Time, he ftridly repeated his Orders to the Exarch, to publifh and 
 put in Execution in Rome, and in all the Cities of Italy which were under his 
 Empire, the Edid, which a little before he had fram'd in Conjlantimple. The Edidt 
 contain'd, as was faid, that all the Images, as fo many Idols, (hould be remov'd 
 out of the Churches ; moreover he promis'd the Pope his Favour, provided he 
 they'd; if not, he declared him Contumacious, and no longer veiled with the Papal 
 Dignity. 
 
 THERE never was feen a more ready, or a more general or better concerted 
 Relolution than that which was taken over all Italy^ and elpecially at Rome^ imme- 
 diately upon the Publication of this Edidt. 
 
 GREGORT being now fecure of a hearty Affiftance both from the Italians and 
 Longobards, and feeing that Leo had broke all Squares, and now openly attack'd 
 not only his Perfbn, but Religion likewife ; refolv'd at firft to employ all his Ponti- 
 fical Authority, and the Spiritual Arms of his Office, in order to hinder fo deteftable 
 an Edidl from being received in Italy. He began with fblemnjy Excommunicating 
 the Exarch and all his Accomplices. Afterwards he fent Apollolica! Letters to the 
 Venetians, to King Luitprandus, and to the Longobard Dukes, and to all the Cities 
 of the Empire, by which he exhorted them to continue ftedfaft and immoveable in 
 the Catholick Faith, and to oppofe the Execution of that Edict with all their Might. 
 
 Thefe Letters made fuch an Impreffion upon the Minds of the People, that all 
 thofe oi Italy, tho' of different Interefls, and often at War with one another ; to wit, 
 the Venetians, Romans, and Lotigobards, united in one Body, animated with the 
 lame Spirit, to ad in concert for defending the Catholick Faith, and the Life 
 of the Pope, protefting that they would preferve it with the Hazard of their own in 
 fb glorious a Caufe. But as 'tis difficult in the Heat of a new Commotion, even 
 when theDefign of it is for doing good, to keep within juft Bounds, fo they exceeded 
 thofe of a lawful Defence ; for not only the Romans, and thole ofPeiitapolis, which 
 is now la Marca d^Ancona, took up Arms, and join'd the Venetians, who were the 
 firft that arm'd ; but by carrying their Zeal further, openly Ihook off the Yoke. 
 Not contenting themfelves with having thrown down the Statues of Leo, they 
 would no longer acknowledge him for their Emperor, and eleded new Magiftrates 
 for governing them during the Interreign, which they pretended to do by their owri 
 Authority. They even went further, and at laft carried the Matter almoft to the 
 utmoft Extremity ; being refolv'd to eled another Emperor, and condud him to 
 Conjlantinople with a flrong Army, to place him in the Room of Leo ; but the Pope 
 not thinking this Refolution feafbnable, nor proper at that Time, oppos'd it, lb 
 that it did not take Effed '. 
 
 BUT this did not prevent the Fate of Leo, which terminated in his Lofs of the 
 Exarchate of Ravenna, the Dukedom of Rome, and had very near loft that of 
 Naples, and with it all his Authority in Italy : The People being now in a Commotion, 
 immediately turn'd into Fadions and Parties. Paul the Exarch had gain'd a great 
 many of them in Ravenna, who bafely comply'd for Intereft, or hopes to advance 
 themfelves to better Pofts. But the oppofite Party, which the Pope fupportcd, 
 being the ftrongeft and moft numerous, could not endure the Exarch, therefore they 
 mutinied, anda violent Sedition arifing, or rather a kind of aCivil War betwixt thetwo 
 
 ' p. Warnefr. lib, 6. Regin. Jib. r . Chron. Sigon, ad annum 726. 
 
 Parties,
 
 Book V. the Kingdom of N A P L E S. 145 
 
 Parties, they took thcmfelves to Arms, in order to dcftrov one another. 'iTb^ 
 Catholick Party, as the ftronger, after coming to Blows, remain'd victorious, having 
 made a terrible Slaughter of all the Iconoclajh, without \o much as fparinor xh^ 
 Exarch, who was kill'd in the Tumult. Theie were the Caufes of the Emperors of the 
 Eaft's lofing many Cities in Koma^na, which belonged to the Exarchate, and all the 
 other Cities of /.r Marca, which furrcndcr'd to Litttprandiis King of the Lourob.rrds. 
 For this cunning Prince, who had enter'd into this War on no other account but- to 
 take an Opportunity of aggrandizing himfelf at other Peoples Coft, did not fiii to 
 improve this Revolt, and to cloak it with the Pretence of Religion for compaffing his 
 Ends, according to the Maxims of human Policy. He fuggeited to ihefe People on 
 the one hand, that they could never preferve their Religion under an Emperor, who 
 was not only a Heretick, but likewile a Perfecutor of the Orthodox ; and on the 
 other hand, that they were too weak to refift the Power of any potent Prince who 
 might attack them at a Time, when perhaps other Interefts might hinder their 
 Friends from affifting them : Thus thofe Cities, in this Commotion, following fuch 
 Advices only as were inftill'd into them, either out of Hatred or Fear mix'd with 
 Zeal, and the Love of Religion, after having fhook off the Yoke of the Empire, 
 put themfelves under the Dominion ot the Lo}igobcxrds. An Inftance which may let 
 Princes fee what mighty Influence Religion has on the Minds of People j whence 
 they may learn, that it cannot be alter'd without the Danger of giving a violent 
 Shock to the chief Hinges of their States. 
 
 SECT. III. 
 
 The Diihedum of Naples keeps its AUcguince to Leo Ifauricus. 
 
 WHAT the Predeccflbrs of Liiitprajidus, in a long Tradt of Time and Wars, 
 could not compals, he at once was near accomplifhing, by making himfelf Mafter 
 of the Dukedom o'f Naples, as he had done of many Cities of the Exarchate 
 of Ravenna. The Dukedom of Naples, as we have faid, was govern'd by 
 a Duke whom the Emperors of the Eaft were wont to fend from Conjlantinople. 
 In the Time of Leo, this City was govern'd for him by Esbikratus Succeflfbr 
 of John, who being fpurred on by the precife Orders of Leo, urged the' People 
 of Campania to receive the Edift, and to comply with the Religion of their 
 Prince. He had likewife fuborn'd fome Men to murder the Pope, by promifinf 
 them great Rewards if they fhould ftrike that Blow, which he faid was abfblutclv 
 neceffary for the Quiet of Italy. This execrable Villainy being difcover'd by the 
 Neapolitans, who were always moft devoted to the Popes, and mofl tenacious of 
 the Doftrine of the Church of Rome ; it appeared to them lb horrid and monflrous, 
 that laying afide all other Confiderations, except that which kindled their Indigna- 
 tion, in order to revenge this outragious Attempt, they took Arms, and amidft 
 thefe Commotions and Tumults, revolted from the Duke Exhihratus, who not 
 having wherewithal to make Refiftance, was murder'd, together with his Son 
 Adrian ; and one of his chief Officers, who was accus'd of having compos'd a fc- 
 ditious Libel againfl the Pope, likewife loft his Life '. 
 
 BUT the Neapolitans carried their Rcfentment no further, neither did thev 
 fail in their Duty to their Prince, as the other Cities had done ; neither would iliey 
 have any recourle to the Longohards, who had a watchful Eye on fb fiir an Oppor- 
 tunity ; nor bafely fubjedt thcmfelves to them, for fear of difbbliging the Emperor, 
 or, what is more likely, becaufe they mortally hated one another on Account of 
 the continual Wars which had always been betwixt them ; fb that neither Luitprandus 
 nor the Bencventan Longobards fucceeded in making Advantage of fo fine an 6c- 
 cafion. By which means this Dukedom continued firm and conftant in their Obe- 
 dience to their Prince, when all the other Dominions which the Emperors of the 
 Eaft had in Italy began to fail ; whereupon Peter was appointed DuJ<:c of Naples in 
 
 .' Sigon. ad ann. 726. Maimb. hift. Iconotl. 
 
 T 1 1 thq.
 
 146 The C I V I L H I s T R Y 0/ Book V. 
 
 the Room of Eshilaratus : And the Keapolitan^ continu'd to live under the Empire 
 of the Greeh until, after a very long Tract of Time, their Dukedom was at laft 
 conquered by the Koria.Dis, as we fhall relate in the following Books. 
 
 L E Oy upon the Advice of fo' general a Revolt, was much amaz'd; but, inftead of 
 removing the Caufe of fo great an Evil, he ratlier added to it, till he made it in- 
 curable i which at laft caus'd him likewile to lofe the Dukedom ot' Rome, without 
 hopes of ever recovering it ^ and would have alio loft him that of Nipples, and all 
 his Authority in Hirly^ if the Stcadinels of the Neapolitans, and the Averlion which 
 they had to the Lougabards, had not put a Stop to it. He ftill perle\ering in his 
 wicked Defign agaiiift the Life of the Pope, believing him to be the Author of alt 
 thefe Mifchiefs, as foon as he had heard of the Death of Paul the Eiiarch, and the 
 Revolt of C2Wp<iww againft the Duke o( Naples, in the Year 727, fent the Eunuch 
 Eutycbius to Ravciuu in the Quality of Exarch ', who was one of the molt wicked 
 Men upon the Earth, and the molt fit for putting in Execution the moit impious 
 and difficult Undertaking. He fet about corrupting tlie Governors of the 'I'owns, 
 which were fubjedt to the Long^obards in the Neighbourhood of Naples and Ko/ue,^ 
 in order only to get them ta diflemble, and not to do all that they could for de- 
 fending the Pope : But that bale Artifice had not all tlie Succefs which he expedted i 
 for a Aleflenger rhat was privately fent to Koine by this Eunuch, was taken by the 
 Ro!>iaiis, and exprefs Orders from the Emperor being found about him to all his 
 Officers to rifque every thing in order to murder the Pope j they were for cutting 
 him in Pieces, i{ Gregory had not hindered it, contenting himfclf only vAth Excoia- 
 municating Eutychitts S 
 
 ' Freher. In Chron. Elarc. Raven. 
 
 SECT. IV. 
 
 ^be Oiigin of the 7'empial Domhiion of the ^op^s in Iruly, 
 
 C"^ R E G O RT was truly very much perplexed , for though LtiitpraHdus and hi? 
 T Loiigobards pretended to defend him againft the Power of Leo, yet he knew very 
 well, that this Zeal was defign'd not fo much for his Service and Prefervation, as 
 for taking Advantage of other Peoples Quarrels ^ for which Caufe he had no great 
 Realbn to put much Truft in them, as the Event demonftrated. \\ hereupon the 
 Romans, abominating the Impiety of Leo, into whicli he ftrove to in\'olve them by 
 his Edi(5t: on the one hand, and on the other, being jealous of the Ambition of 
 Ltiitprandus, who thirfted after nothing fo much as to be Mafter of the Roman 
 Dukedom ; at laft refolved to fhake off the Yoke of Leo, and to keep them- 
 selves united under the Government of the Pope, to whom they took an Oath to 
 defend him againft the Power of Leo and Luitprandus. This was the Origin, and 
 thefe were the firft Foundations that were laid, upon which, in Procels of Time, 
 the Temporal Dominion of the Popes came to be eftablifhcd m Italy. From this. 
 Inter-reign which the Romans made, began their Dominion, w ho having fhaken off 
 Leo, were ail united under the Pope as their Head, but not yet as tlieir Prince. 
 
 BUT though Eiitychiiis found his Defign thwarted, yet he had Courage to go 
 on in it j for having recruited his Army the beft Way he could, he weiit to Ravenna, 
 and the Fadlions continuing yet in that City, it was eaiy for him, leeing his Party 
 wasfuccourcd with fuch powerful Afliftance, to recover it, and reduce the People of 
 R'avenna to the Obedience of their Prince. He confidering that all Italy was loft 
 as to him, and that he could never fupprefs the Pope and the Obftinacy of the 
 Romans, as long as Luitprandiis was ready to fupport them ^ employed all his 
 Cunning and Policy to take off that Prince from the Pope's Intcreft and that of the 
 Remans, and to bring him over to his own. At this very Time, 'trafimund Duke 
 of Spolef/i'.m had rebelled againft Luitprandus, who finding it very hard to fupprefs 
 him, refolved to bring him to condign Punifhment. Thie King was Iik,ewife ap- 
 
 priz'd 
 t
 
 Book V. the Kingdom q/ N A P L F, S. 2*47 
 
 pFiz'd of the firm Refolution the Remans had t.ikea to fubjecl thcinfeivei to the 
 Popc.^ that all his Art and Flattery would not avail for bringi;i;» them under hi<: 
 Obedkncc, and that there was nothing to be done but hv meet- Force. For tlielc 
 Reafons, the Exarch offered him his Army for fupprefling iirlt the Rebellion of 
 ^rafuiiHiid, as having concerned himfelf in that War for no other End, but in order 
 to take hold of all the Opportunities, with which it might furnifh him of making- 
 great Advantage by the one or other Part)-. Eut-ychius had no great Difficultv to 
 draw him into his Mcafurcs: U'he King then forgetting the Obligations he hy under 
 to the Komans^ and his Promife to defend the Pope and Religion againft thJinfulis 
 of the Emperor, accepted thele Offers, and concluded a '1 reaty with EutycJjiui 
 who immediately join'd his Army to that of the King, and went along with hint 
 to the War which he was entering upon againft the Duke of SpcU'tiir.n his Rebel 
 which did not laft long -, for Tvajimiud was fo much lurpriz'd with that Confede- 
 racy, which he did not in the leaft dream of, that no Iboner v.as L::hpva;:d!is come 
 htfaxQ Spcktiuin^ than he caft himfelf at his Feet, begging I'orgixencls, which he ob- 
 tajn'd '■ He was likewife rc-ellabli(h'd in his Dukedom, and took a new Oath to the 
 King, and gave Hoftages for his Fidelity. 
 
 THE Opportunity of employing their Arms againft the Rebels being to fooii 
 over, in purfuance of the Treaty with Eiitychius^ they were turn'd againft the 
 Rojiiaas, and Luitprandus came with the two Armies and fat do'.vn before Kir,ue 
 ilicamping in the Meadows of Nero ^ which arc betwixt the ^yl^er and St. Peter s 
 Church, over-againft Caftle St. Avgelo. Gregory being appriz'd of the Preparations 
 of Luttpraudtis^ had caufed the City of Rome to be fortified the beft way he could j 
 but perceiving that he could ill refift fuch warlike Preparations with Force, and 
 having before his Eyes the Example of the Duke of Spoletiuvi, who, by requeft, 
 had obtain'd, from the Piety of Laitprandtis, what he could not have expected by 
 Arms, refolv'd to imitate him, and, without confuking human Prudence, which 
 would never have perfuaded him to go and deliver himfelf up into the Hands of his 
 Enemies till he had cautioufly guarded againft the worft that could bcfol him, ac- 
 companied with the Clergy and Ibme Rowan Barons, went to the King. Ltiitprauclus 
 furpriz'd at fuch an unexpeded Adion, could not refift the Impulfes of Courtel)-, 
 ■which were very natural to him, and receiv'd him with all the Refped due to the 
 Sandity of his Life, and the auguft Charader oi Raman Pontiff Then it was, that 
 Gregory taking upon him that Air of Majefty, which Vertue alone, accompanied 
 with fb high a Dignity, infpires, began with all Force imaginable, tempcr'd with 
 tender Affedion, to difplay the Power of his Eloquence, taxing him with the 
 Breach of Faith ; the Harm he did to Religion, for which he had been fb zealous; 
 and laying before him the great Prejudice he would do to his Kingdom, if he fail'd 
 to proted the Church, he conjur'd him to leave off his Undertaking, and turn his 
 Arms another way. Luitprandiis either inwardly touch'd with Remorfe, or that at 
 this inftant he faw many Things, which he had not thought of in the Heat of his 
 PafHon, or becaufe Men, as they cannot be altogether good, fo neither can thtv be 
 altogether bad ; was fb ftruck with thcfe Remonftrances of Grej^ry, that, without in- 
 fifting on the Juftification of his Condud, or feeking Excufes, in Ibme meafure to 
 vindicate his Honour, he caft himfelf at his Feet in the Prefcnce of all, confefling 
 his Fault, protefting that he would repair it immediately ; and for the Time to 
 come never fuffer any Injury to be done the Romans., nor the Majcfly of the 
 Church to be violated in the Perfbn of him who was the Father and Head of it. 
 When the Exarch infifted that the Emperor's Orders might be obeyed ', he not 
 only did not give Ear to him, but in order to give the Pope a more fecure Pledge 
 of his Word, he intreated him to go along with himfelf to the Cathedral Church of 
 S. Peter y which at this Time was without the Wallsof the City, and there, in Prefcnce of 
 all the Chief Men of his Army, who had follow'd him, he caus'd himfelf to be difarm'd, 
 and laid his Girdle, his Sword, his Gauntlet, hii Royal Mantle, his Crown of Gold, 
 and Crofs of Silver, upon the Apoftle's Sepulchre ; afterwards he begg'd of the 
 Pope, that he would receive Eutychius into his Favour, of whom he needed be 
 no longer in fear, feeing he was not now fupported by the Lonz^obards. Gregory 
 ftill lioping that Leo fbmc time or odicr would acknowledge his Errors, Qoivfented 
 to this Demand : So that Luitprandiis retiring with his Aimy to his own Dominions, 
 
 ' Sigon aJ A. 729. 
 
 the
 
 2 4^ The Civil History v( Book V.- 
 
 the Exarch was receiv'd in Rc/W, and continued for fome Time very pcaceable5 
 and in a good Underftanding with the Pope. At this verv Time it happened that 
 an Impoflor, who call'd himfelf Tihcnv.s^ and bragg'd of his being delcended of 
 the Emperors, had fcduc'd fomc People in 'fi>.fciw% who had proclaim'd him 
 lunperor ' : Gregory^ who flipp'd no Opportunity ot obliging l.co^ pcneiving that 
 tlic lixarch had not Forces fnfficieiit to crufli him, nianag'd Matters ib with the 
 Rniuiiiis^ that they accompanied him in this War againft the Tyrant, who was 
 bcfieg'd and taken in a Callie, and his Head fent to tlie Emperor. 
 
 BUT Lw being ftill more obdurate, carried liis Paflion to the utmofl: Extre- 
 mity i for in the Eaft where he govern'd more ablolutcly, and had no-body to con- 
 troul liim, he fill'd every Place w ith Slaughter, Tears, and Blood ; he auis'd the 
 Pictures in all the Churches to be dcfac'd ; he publifh'd an Order whereby he com- 
 manded all the Inhabitants, eipecially thofe who had Care of Churches, to put in 
 the Hands of his Officers all the Images, that by burning them all at once, he might 
 purge the City. But the Execution prov'd ib odious, not I'paring Age or Sex, that 
 at laft it occafion'd the Lois of what was yet remaining in the Weft, to Leo and his 
 Succeffors for ever j for the Pope finding thtat it was not in his Power to reclaim this 
 Prince, and being afraid left fome time or other, he might do in the Weftern Provinces, 
 w hat he heard with extreme Grief, he had done in thole of the Eaft ; he flacken'd 
 the Reins by which hitherto he had kept the Romans in the Obedience to their 
 Prince, and leaving them to their Choice, and to do what they thought fit j at laft 
 he approv'd of that which hitherto he had endeavour 'd to hinder, and what the 
 People had already begun to do of themfelves ; whereupon the Kovunis renouncing 
 their Allegiance to Leo, withdrew themfelves altogether from under his Dominion, 
 paid him no more Tribute, and united themfelves together under the Diredion of 
 Gregory as their Head, but not as their Prince. 
 
 SOME of our Writers, from the Authority oi I'heophancs^ Cedrenus, Zonara, 
 and Kieepborns^ Greek Authors, who flourifli'd long after Gregory and Pjul IVcirne- 
 fride, and Aiinfiaftiis Bibliotbecarius^ relate, that the Romans having fliakcn off the 
 Yoke, elcded Gregory for their Prince, by taking an Oath of Fidelity to him ; and 
 that the Pope accepted the Principality of Rome, and order 'd the Romans, and all 
 the reft oi Italy, to pay no more Tribute to the Emperor, and befides ablblv'd the 
 Valfals from the Oath to the Empire j publickly and fblemnly excommunicated the 
 Emperor Leo, depriv'd him not only of his Dominions in Italy, but alio of all the 
 Empire ; Whence the independent Dominion of the Pope o\'er Rome and its Duke- 
 dom, had its rile ; which afterwards by the Bounty o( Pepni and Charles the Great, 
 extended itfelf to the Exarchate oi Ravenna, Pentapolis, and many other Cities of 
 Italy. 
 
 THE French Writers, and amongft the reft the Archbifliop o( Paris, P. de Marca '-, 
 
 and thoie two famous Divines Natalis and Du Pin ^, deny, that Gregory, a wile and 
 
 prudent Pope, had given way to fuch an Excels ; the I,etters of the fame Pope *, IVar- 
 
 nefride, Anaftafius, Bibliothecariits, Damafcenits ; the Tetters likewife of Gi-f^iorv HI. 
 
 and Charles the Great to Conftantine and Irenxiis, are convincing Proofs that thefe 
 
 Stories are fabulous ; to wit, that Gregory excommunicated Leo, accepted of the 
 
 Principality oi Rome, abiblv'd the Vaifals from their Oath to the Empire, and from 
 
 paying Tribute, and depos'd the Emperor ; and aifurc us, that Gregory, tho' in a 
 
 thoui'and ways offended, was always very lerviceable and faithful to Leo, and had on 
 
 many Occafions hinder'd the People from revolting, and endeavour'd to keep them 
 
 from rifing againft their Prince. 'Tis true he oppos'd the Edidls oi Leo for abolifh- 
 
 ing the Images, commanding them not to be obey'd, and exhorting that Prince to 
 
 give over the Defign he had undertaken ; but we read not in ib grave Authors that 
 
 he excommunicated him. The firft Pope who boafted of his having darted his 
 
 Thunder-bolts at Imperial Heads, was the (sLxnons Hildebrand Gregory \'l\. which 
 
 ■we fliall obltM\e in its Place, and not Gregory II. What Anaflafms writes, is moft 
 
 clear "> ; he tells us, that after Leo had depos'd Germanus Patriarch of Coujiantinople, 
 
 for his not conienting to the Edidl, and appointed Anafiajiits the Iconoclajie in his 
 
 Room, Gregory excommunicated Anajlafiits for perlevering in his Error ; but only 
 
 rebuk'd, admonifh'd, and exhorted the Emperor by Letters to defift from his 
 
 Anait. ciDiiotn. in ureg ii. \ ■' uu I'ln, ae Anciq. iiccj. one. dill. 7. 
 
 * p. de Marca dc ConcQ»"d Sacer. 5c Imp. " (."ffg- H. in F.p. i. ad Leoiicm. 
 
 ). 5. cap. II. mira. 2. J ' Anaft. ad A. 6f3. 
 
 Entcrprizc,
 
 Book V. f/j^ K I N G D o M 0/ H A P L E S. 249 
 
 Enterprize, but did not excommunicate him, as Anaftafius writes. And what is fiid 
 of Cr^-^o-^'s having depos'd Iw, is yet more fabulous j for this Pope acknowkdg'd 
 Leo as Emperor as long as he liv'd ; and Gregory III. his Succelfor, did the fame, 
 who had a Correfpondcnce with him ; and we read many of his Letters diredled to 
 the Emperor, full of great Humanity and Refped. 'Tis the more certain that he 
 acknowledged him as inch, becaufe the Dates of his Letters bear the Years of his 
 Empire, as that of Gregory diredled to Boniface^ hn^erante Domino ptfjinio Augufio 
 Leone, Imperii ejus XXlll. '. 
 
 OUR Modern Ld//« Writers, mifled by the Authority of thefe Greek, have 
 taken their Fables for Truths ; but they did not advert, that the Authority of our 
 ancient Latin Writers, who flourifh'd firft, and related Things which fell out in 
 Times and Places not lb remote and diftant from them, ought to have weigh'd more 
 •with them. They likewife did not advert, that the Greeks of thele latter Times, 
 befides the Character of their Nation, which has always obtruded Lyes and Fables 
 upon the World, had all an A^■er^lon for the Church of Rome ; and in order to ftir 
 up the Minds of Men to a Hatred of, and to draw Envy on, the Roman Pontiffs, they 
 reprefented them to the World as Authors of Innovations and Revolutions, bv 
 imputing to them the Ruin of the Empire of the Eaft, calling them Innovators, 
 Ambitious and Ufurpers of the Temporal Authority of Princes; and that they, ill 
 imitating our Head and Mafter Jefus Chrifl, from Priefts, were become Princes. 
 
 THE Fables of theft Greek Schifmaticks were afterwards greedily, and with 
 pleafure fwallow'd by our modern Innovators, and the moft furious ^iereticksof thefc 
 our latter Times : Who likewife from the Authority of thole, by all means will have 
 it, that Gregory truly excommunicated Leo ; that he abiblv'd the Vaffals of the 
 Empire from their Oaths ; that he depos'd the Emperor, order'd that no more 
 Tribute fliould be paid him ; and that being offcr'd the Sovereignty of Rome by the 
 rebellious RoWi^Hj-, he accepted, and became Prince thereof Spanhemius'^, amongft 
 others, cries out mightily againft the French Writers, who take thefe Accounts con- 
 cerning Gregory to be fabulous ; he lays, that they writing in the Reign of Leivis the 
 Great, were fain to deny thefe Fadts, Ne fiib Ltidovico niagno, Romano in Pontif.ce 
 hujufinodi poteftatem agnofcere videreutur : But they themfelves by all means will 
 have them to be true, in order to make a Comparifbn betwixt our Saviour Jefus 
 Chrift and the Pope. When the Multitude taken with his Miracles, offer'd to make 
 our Saviour King, he immediately left them, and anfwer'd, ^biit bis Kingdom ivas 
 tiot of this IVorld ; the Pope, when the rebellious Romans had Ihakcn off the Yoke of 
 Leo, and offer'd the Principality to Gregory, he immediately confented, and became 
 their Prince. Chrift expreily commanded Tribute to be paid to Cccfar ; the Pope 
 ordain'd, that no more Tribute fliould be paid to Leo : By theft and the like y4nti- 
 thefes, and by fuch Methods, without either Rhime or Reafon, they afterwards 
 broke into that Blalphemy of making the Pope to be Anti-Chrift. 
 
 WHO would believe, that the greateft Sticklers for the Greek Schifmaticks, and 
 the greateft Abettors of theft furious Hereticks, are now the modern Romans, and 
 the Writers moft addifted to that Court ? Thefe, tho' for another end, will likewife 
 have it, that Gregory excommunicated Leo, depos'd him, order'd that Tribute fliould 
 not be paid him, and, which is more, that being offer'd the Principality by the 
 rebellious Romans, he accepted of it ; whence fprung the Temporal Dominion of the 
 Popes in Italy. Thus, not to mention others, our Jcfuit Hiftorian, Author of 
 the new Hiftory of A''^/'/ef, writes^: ^iim tandem Romani Orientalis Imperii jugum 
 excujferunt, Gregoritim Dominiim falutartint, eiqtie Sacramentv.m diseriint, ^c. Gre^ 
 gnriiis oblatum ultra Principatum ftifcepit : ^.ern non arma, non humanx vires, artef- 
 que, fed poptilortim ftudia. Anno 727. atifpicato contulermit. Such a Beginning the 
 Hereticks exaftly give to the Temporal Dominion of the Popes, founding it upon 
 the Rebellion of the Romans ; and that Gregory., ill imitating our Saviour, did accept 
 of the Principality, and the Servant of Servants became Lord and Mafter. But by 
 what we fhall relate hereafter, it will clearly appear,, that altho'it did take its Rile 
 from theft flender Beginnings, neverthelefs it was not then that the Pope acquir'd the 
 Sovereignty of Rome, but many Years after ; neither during all the Interreign 
 
 ' Greg. III. ep. ;. ad Bonifac. P. de Marca 1 * Spanheim- contra Malmburg. in Hiftor. 
 de Cone Sac- Sc Imp lib. ;. cap. 1 1. num. f. I Imag. pag. fi. 
 
 I ' Giannetraf. hift. Neap. lib. f . pag. 94. 
 U u u which
 
 w 
 
 2J0 lloe Civil History of Book V. 
 
 ..hich the Romans of their own Authority pretended to make, were there Officers of 
 the Greek. Emperor wanting in Rom ; and we can demonftrate, that the firft Ac- 
 quifitions were in the Exarchate of Ra-venua, in Poitapolis, and afterwards in the 
 Rotiiau Dukedom, and not in the City of Rome, on the Occafions which we fhal] 
 prefently relate. 
 
 SECT. V. 
 
 9opc Gregory II. and his SiicceJJbr Gregory HI. were the jfirji that had 
 
 recourfe to Fxzncc for Succour. 
 
 TH E Emperor Leo being advis'd of thefe moft important Events, and more 
 furioufly inrag'd againft the Pope, immediately confilcated all the Patrimonies 
 which the Church of Rome had in Sicily, Calabria, and in all his other Dominions; 
 and was preparing a powerful Army in order to chaftife the Romans for their Rebel- 
 lion ; to recover the other Towns to his Obedience ; and to revenge himlelf fully upon 
 the Pope, whom he took to be the Author of all thefe Revolts : Wherefore Gregory 
 dreading left fo confiderable warlike Preparations might be defign'd for crufhing him, 
 if he was not fupported by a Power able to cope with Leo, refolv'd to pitch upon a 
 Protcdor in whom he might find all the Support and Afllftance neceflary. He 
 could not truft the / ongobards, whofe Defigns and Treachery he knew from long 
 Experience. The Venetians, tho' moft zealous in the Defence of the Church, were 
 not as jet fo ftrong in Italy, as to be able alone to withftand all the Power of the 
 Greek Emperor, elpecially when they were jealous of the Lojigobards, who were more 
 troublefome Neighbours. And as for Spain, it was in a moft lamentable Condition 
 at that Time, being almoft wholly ruin'd by the Saracens. Therefore he refolv'd to 
 have recourfe to the Power o{ the Frc neb, whofe Conftancy in the Catholick Faith 
 had always been moft firm. They had been now above fifteen Years govern'd by 
 CLwrles Martcl, who, on account of the Infufficiency and Pufilanimity of the King, 
 being rais'd to be the Steward of the Houfliold, the firft Honour of the Kingdom, 
 rul'd that Realm with an ablblute Sway, and was become famous for a thouiand 
 glorious warlike Expeditions in France and Germany, and efpecially for the remark- 
 able Overthrow gi\ en the Saracens in the Field of Tours \ he was generally reputed 
 thegresteft Captain, and the true Hero of his Time. 
 
 GREGORT fent to this great Prince, which no other Pope had ever done 
 before, a map;nificent Embaffy with many Relicks, to beg Affiftance againft the 
 Attempts of Leo, and that he would take the Romans and the Church under his Pro- 
 recflion '. The Ambaffadors were receiv'd by Charles with extraordinary Honours, 
 and a Magnificency becoming the moft auguft Prince of his Age ; and in a fhort 
 Time the Treaty was concluded, by which Charles oblig'd himfelf to go to Italy in 
 order to defend the Church and the Romans, if they fhould be attack'd by theGrceks 
 or Longdmrds ^ and the Romans on the other hand were to acknowledge him for 
 iheir Frotedcr, and to confer the Honour of Confulfhip, as had been done for- 
 merly by the Emperor Anaftafw.s, to the great Clovis, after he had defeated the 
 IVejlr cloths. And when the Anibaftadors rcturn'd, loaded with rich Prefents, and 
 pleas'd wirh ib fuccelsful a Negotiation ; Gregory having nothing more to fear concern- 
 in? the Church, to which he left fo powerful a Proteftor, ended his Days in the Year 
 731, with the Fame of fingular and eminent Virtues, which made him deferve upon 
 Earth, the Honours which are only afcrib'd to the Saints in Heaven. 
 
 GREGORT III. fucceedcd, and ibme have written -, that it was he who fent 
 this Embafiy to Charles Martel, becaufe Luitpraud, after having defeated Trafnmmd 
 Cuke of Spoleritlm, who had rebell'd a fecond Time, taking Advantage of his 
 Viftorics, had anew invaded the Roman Dukedom, and laid clofe Siege to Rome, 
 being olfendcd at Gregory for having entcrtain'd the Rebel ; and when the Prayers 
 
 Zonar. Appcp.-J. ad Greg. Tourot;. * Slgon ad A. 7;9. 
 
 and
 
 Book V. //?(? K I N G D o M 0/ N A P L E S. 251 
 
 and Eloquence of the Pope had not the {ame EfFcd as thofe of his rredcccflc^r, at 
 laft he had recourfe to the Afliftance of Cb.rrks, by whofe Mediation he obtain'd 
 that Ltiitprand being fatisfied with four Cities only, fliould raife th.e Siege, and leave 
 Kouie^ and the reft of the Dukedom, to the Koi/^ias and the Pope. But be this as 
 it will, 'tis certain, that from the Pope's having recourfe to F/W/ff, the frencb began 
 to concern themfelves in the Affairs of L'aly ; the Confequence of which was 
 that by this mutual Afliftance, each of the Parties plotting to advance their own 
 Intereft ; at laft the Lougobards being driven out, the French came to rule in Itj.h ; 
 The Kingdom of France^ from the Merovingian, was tranflated to the Carlovhman 
 Race ; and on the other hand, the Popes were eftablilh'd in Ron/e and the Romm 
 Dukedom, with a great Part of the Exarchate of Raicnua and Pejitapo/.'s, as we 
 fliall relate by-and-by. 
 
 SECT. VI. 
 
 Conftantinus Copronimus, fncceeds to his Father Leo. The Death c/'Lult- 
 
 prandus King of the Longobards. 
 
 TH E Affairs of Italy being in fo great Confufion, and by various 
 Accidents the Power of the Emperor Leo always more and more declining, 
 nothing but the Shadow of Authority remain'd there. The Exarchate of 
 Ravenna being much curtail'd by the Conqueft of the Longobards, was now 
 ready to go to ruin, without Hopes of Recovery ; the Dukedom of Roriie was 
 in the Hands of the Romans, and the Pope their Head, whom they obey'd ; and 
 tho' there were as yet fome Veftiges of Sovereignty remaining in Rome, Leo having 
 ftill his Officers there j neverthelels his Authority was fo very weak, that it was 
 evident it would in a very fhort Time be altogether abolifti'd in that City ; he had 
 no full Power and Dominion but only in the Dukedom o( Naples, in Calabria, the 
 Brutii, and in fome other maritime Cities of the Kingdom, which had not as yet 
 fallen into the Hands of the Benevcntan Longobards. But Leo Ifauricus dying in 
 the Year 741, and his Son Conftantmus Coproninais fucceeding to him in the Eaft, its 
 Ruin was compleated ; Conftantine having none of the good Qualities of the 
 Father, exceeded him infinitely in the Bad ; and, if Credit may be given to the 
 Greek Writers, he was the moft wicked and ugly Monftcr that ever the Earth pro- 
 duc'd '. He was no fboner fole Emperor, than he fhew'd himfelf more furious 
 againft Images than his Father had been, and publifh'd an Edict, by which he not 
 only condemn'd the Images of the Saints, but likcwife forbid the Invocation of 
 them, and the very Title of Saints ; and carrying his Fury furdicr, he was alfo our- 
 ragious againft their Relicks, by ordering the gi'cateft Violence and Dificfpedl in the 
 World ftiould be offer'd them : Therefore he perlecuted the Defenders of the Images, 
 and on that account banilh'd many Bifhops. But he render'd himfelf much more 
 impious, and abhorr'd by all for the Hatred he had conceiv'd againft the Mother of 
 God, in prohibiting any Hol)-Day whatfocvcr to be obferv'd in Honour of her, 
 and that none ftiould implore the Afiiftance of God by her Interceflion, aflerting, 
 that ftie had no Power either in Heaven or on Earth. 
 
 THIS execrable Impiety, together with many more wicked Inftanccs of the 
 fame nature, and his abominable Vices, render'd him io odious to his Subjeds, that 
 he not only loft that Shadow of Dominion which he had in Rome and Ravenna, but 
 was like to have loft the whole Empire. ' 
 
 I N the fame Year that Leo died, GregorylW. likewife departed this Life, and was fuc- 
 ceeded in the Pontificate by Zacbarias ; to him the Church of Ro/V/eow'dhcr Temporal 
 Dominion, much more than to the two Grcgory^s, for he knew how to raife it upon 
 the P<.uins of the G/Tf/fe Empire, and to make greater Acquifitionsi foraftnuch as he 
 no fooner had mounted the Chair, than he lent Ambaffadors to Luttprandtis, to 
 
 Sigon. aJ A. 741 
 
 demand
 
 1 5 1 The Civil History of Book V. 
 
 demand the four Cities, which by the Mediation of Charles Ahrtel had been given 
 him when he rais'd the Siege oiKcme for the fecond Time. And altho' the Ambaf- 
 ladors were honourably recciv'd by Ltittprand, and got fome Hopes of the Reftitu- 
 tion, neverthelefs Zachary obferving that the Aftair was protracied, and intending 
 to imitate Gregory^ went with all the Clergy of Rome to find the King, and being 
 receiv'd with extraordinary Marks of Reipeft ; his Motives were lb ftrong and 
 effeclual, that he not onl v obtain'd from thePiety of thisPrincc, theReftitution requir'd, 
 but likewife eftablifh'd a Peace betwixt them for twenty Years : He alfo got the Sabhiian 
 Patrimony to be reftor'd, and made many other Acquifitions beyond his Expcdta- 
 tion. And this Pope was fo fucccfsful with Ltiitlmvid, and i'o much in his Favour, 
 that when in the latter end of his Reign, impatient of Repofe, according to his 
 wonted Cuftom, he defign'd to attack Ravenna anew, Eutycbius the Exarch had 
 recourfe to the Mediation of the Pope, who wrought fo upon Luitfrand, as to make 
 him la\- afide that Expedition, and even to reftore fomc Places which he poflefs'd, 
 efpccially Ccfena. 
 
 BUT while thefe Things were tranfadling in Italy, Lnitprand, after having 
 reit^n'd 32 Years, ended his Days in Pavia, in the Month oijuly in the Year 743 ■. 
 A Death as fuddcn as doleful to the Longnbards, and never enough to be lamented 
 by them ; he was bury'd in folemn Pomp in the Church of S. Adrian the Martyr, 
 in Pai'ia, with the higheft Commendation, and lofty Encomiums ^ A Prince, 
 laying afide his excelTive Ambition of Empire, indued with all the Perfeflions defira- 
 ble in a King, either for Peace or War ; he inlarg'd the Bounds of his Dominion ', 
 and tiio' brought up from a Child amongft Arms, had nothing of Pride or Cruelty 
 in him, but was rather moft courteous, and always inclin'd to ule Clemency, even 
 towards thofe who had offended him ; he was more knowing and fufficicnt than all 
 thofe of his Council. All his Taws were wiie and prudent; and tho' he had not 
 cultivated his Mind with Learning, yet by the Strength of his own natural Parts he 
 had attain'd all the Force and Subtlety of a Philofopher. 
 
 THERE are remarkable Monuments of his Piety towards God ftill remaining j 
 he was magnificent in founding of Churches and fine Monatleries, of which lVarne~ 
 fride gives us the Number % and to this Day the Veftiges of them are admir'd ; he 
 was ciiafte, and companionate to the Poor, and of fo good natural Parts, that of all 
 the Loiigobard Princes that reign'd in Italy, all Writers defervedly give him the 
 greateft Commendation. He left the Kingdom to Hildebrand his Nephew, whom 
 in the lad Years of his Life he made his Partner ; but his Government lafted but a 
 Ihort while, feven Months having fcarcely pafs'd ', when the Longobards finding that 
 becaufe of his Infufficiency they could not expedt a happy and good Government, 
 they tum'd him out of the Throne, and fet up Kachis Duke of Friuli, a Prince 
 adorn'd with excellent Qualities and uncommon Piety. 
 
 ' Erchemp. pag. j. apud Camll. Pel. hift. ] ' Erch. apud Pellegr. p. 5-. loc. cit. P. Warn. 
 Princ. Longob. lib. 6. c. iS. 
 
 P. Warn, de geft. Long. 1 6. c. yS,. feu 19. 
 
 ■♦ P. Warn. lib. 6. c. i3. 
 
 ' Erch. apud Pcllegr. p. j". loc. cit. 
 
 CHAP.
 
 Book V' f/^^ K I N G D o M 0/ N A P L E S. 
 
 M3 
 
 CHAR I. 
 
 Of R A c H I s King of the Longobards, mid his Laws. 
 
 AC HIS, to the unfpeakable Satisfadion of all, mounted the Royal 
 Throne in the Year 744. In the Beginning of his Reign, he gave 
 very evident Tokens of a quiet Dilpofition, and was inclinable by all 
 means to live in Peace j he confirm'd the Peace with Zacbary which 
 had been made with Luitpraiidas fome Years before ; and following the 
 Example of the other Longobard Kings, would likewife add new Laws to thole of 
 his Predeccflbrs, and fbften the Rigour of fbme of them. He having conven'd the 
 States of the Kingdom in Pavia, in the Year 745, publilh'd them by his Edi(5t, 
 which, after the manner of his Forefathers, he caus'd to be eftablifli'd over all the 
 Kingdom. We read this Edi(5t as yet intire in the often mention'd Code of tho 
 Monaftery of the Cave, which contains eleven Chapters. The firft begins, L't unus 
 qtiifquis Judex in fun Ci'vitate debeat quotidie in judicio refidere j and the laft has this 
 Title, De Arimanno qtiomodo ciim jtidice fuo caballicare debeat. From this Edidt the 
 Compiler took only nine Laws, which we have in the Volume of the Longobard Laws. 
 We have three in the firft Book, one under the Title De Seditione contra jiidiceni ; 
 and two under the other De Innjafionibus. In the fecond Book we have four of 
 them ; one under the Title Debitis & Guadimoniii ; another under the Title De 
 Prafcriptionibus ; another under the Title De Officio Judicis ; another under that 
 ^ualiter qiiis fe defendere debeat ; and two other in the third Book, one under the 
 ^\t\e De his qux fecreta Regis inquiriint ; and the other undtt th.\s Ubi interdi^i'jit 
 fit Legattim aliciii rnittere, wherein it is ftridlly forbidden, without the King's 
 Licence, to lend Ambaffadors to Rome, Ravenna, Spoletium, Beneventum, to 
 France, Bavaria, Germany, Greece and Navarre. 
 
 BUT after Rachis had fo well improved the Arts of Peace, and fo well {ettled 
 his Kingdom with wife and provident Laws, there did not pafs many Years, when he 
 laid them afide; and being feiz'd with an Ambition of inlarging the Bounds of his 
 Kingdom, as his PredecefTor had done, whom he had a Mind to imitate, he rais'd 
 an Army, and made War on Pentapolis, and having taken fome Places in that 
 Country, he advanc'd into the Roman Dukedom, and at laft laid clofe Siege to 
 Perugia '. 
 
 IT was at this Time, that Pope Zachary had fo many lucky Opportunities, 
 which led him to ib many renown'd and noble Undertakings, that his Name delerves 
 glorioufly to be extoll'd above all the other Roman Pontiffs ; for he had the Art to 
 lay fuch, and fo deep Defigns, in order to extend the Authority and Dominion of 
 his See, that nothing like them had ever been lb cunningly contriv'd. 
 
 Erchemp. apud Camil. Pelleg. pag. /. loc- cit. 
 
 Xxx 
 
 SECT.
 
 154 ^^^ 'Civil H i s t o p. y of Book \K 
 
 SECT. I. 
 
 The Tranjht'ion of thz Khigdom of France from the Merovingian to the 
 
 Carlovingian Li/ie. 
 
 AFTER the Death of (Charles Martei, Pepin ^nd Cftrlomanms his Sons took 
 upon them the Government of the Kingdom of France. CbiJderick the laft 
 King of the firfl: Race, becaufe of his Infufficiency, retain'd nothing but the Royal 
 Title ; hut after feven Years bad pafs'd, Carlomnmius renounc'd the Government to 
 his Brother, and, accompanied with many French., came to Rcwe, and being inflam'd 
 with a fcr\'cnt Zeal for Religion, would have Zachary to inroll him amongft the 
 Clergy ; from thence he retir'd to Monte Soratte., and there founded a Monaftery, 
 which he dedicated to S. .5>/'uf/?er the Pope ^ where 'tis reported this Pope had hid him- 
 felf in the Time of the Perfecution, before Conftautine had embrac'd the Chriftian Re- 
 ligion. But this Place being continually frequented by the French, who came either 
 ofPurpofe, or en pajfant to Vi'i-x \-i\m^ in order altogether to withdraw himfelf from 
 worldly Affairs, he retir'd to Monte Cnffino, where having dedicated himlelt to God, 
 he tiirn'd Monk '. 
 
 IN the mean Time Pepin continu'd to govern the French Monarchy alone, with 
 the fame Power and Authority, ar.d rather more, than his Father Charles Martei 
 had done; for Chtlderick III. the laft of the Mero'vingran Race, by reafon of hi& 
 Folly and Unfitnefs, was lefs elteem'd than the "Kings his Predeceflbrs, who for 
 about a hundred Years had injoy'd nothing but the Royal Title, by bafely allowing 
 themfelves to be"govcrn'd by the Mayors of the Palace, who had all the Authorit}'. 
 On the contrary, Pepin by his noble Manners, and his glorious Aftions, had^ain'd 
 the Hearts of all the French, who willingly would have acknowledged him for their 
 Kins, rather than Chtlderick, a ftupild and unfit Prince. Pepin did not let fb fine an 
 Opportunity flip, of transferring the Realm of France from the Race of the great 
 Cio-vis to his own Hoiifc, but made ufe of ail the Art imaginable. But tho' the 
 French feconded his'Dcfign, neverthelefs they were not willing to do it of themfelves, 
 beingperfuadcd that they had not fiifficient Authority to transfer the Kingdom frorrv 
 the lawful Heir to another Houfe, nor taabfolve themfelves from the Oarh of Fidelity 
 which they had taken to their Prince. 'Pepin weighing the Difficulty of the Matter, and 
 that Charles Martei his Father, tho' formidable and renown'd for fo many Vidtories, 
 had not had the Boldnefs to undertake it; and befidcs, thinking that fb great and 
 fo ftrange an Enterprize, could by no other Means be brought about, not to be 
 "thou-^ht odious, but rather commendable, than by having recourfe to the Authority 
 ^of the Apoftolical See, which at this Time was reputed the Seminary of all Virtue 
 and Sanftity ; and if that See fhould not approve of the Fad:, it was able to flir up 
 lb many Enemies againft him, that he would not be in a Condition to withfland them 
 with his own Forces; he therefore very prudently refolv'd, under the Cloak of the 
 PaparAuthoiity, to coyer the Deformity of the Fa6l, and lent the Bifhop of VnJtz- 
 biirz, to P^cme to Pope Z^TcZ'^ry, and caus'd him to lay before him his own Defire, and 
 that of all the French, fequefling his Opinion, whether it would not be for the com- 
 inon Benefit of the Kingdom, to transfer the Scepter from a ftupid King, to Pepin' a. 
 valiant and wife Prince \ And after the Bifhop had demonftrated, that by his 
 approving of this TranHation, he fhould acquire more Glory than Charles Martei 
 had done by his Vitlory over the Saracens, he requefted him to interpofe his Autho- 
 rity, and to abfolve the French from their Oaths, that they might be able to place 
 Pepin on the Throne. This was the publick Commiflion of the AmbafTador, but 
 the private Inftrudlions were, to promife if the Pope confenied, to defend him 
 againfl all his Enemies, and efpecially againfl the Longobards ; and that he might 
 reft fecurc, that Pepin would not only protedl him, but alfo grant him greater 
 Advantages to his See. 
 
 ' Erchemp. apud Camil. PeJlegr. p. y. loc clt. .' Paul. .^Emil. dc reb. Franc 
 
 t ZACILIK T
 
 Book V. //jd" K I N G D o M 0/ N A P L E S. 255 
 
 ZACHAK T did not let flip io fit and fcafonable an Opportunity, which 
 afforded him an Occafion to fhew at the iame 1 ime, both the Greatnels of his 
 Authority, and not only to eftablifli the Temporal Dominion ulnch he began to 
 have in /r.-r/v, but likewiie to extend ic bejond the Roman Dukedom, and the Ex- 
 archate of R-tt^w/w. Whereupon he not only gave his Advice to do it, but that 
 there might remain to Poilerity, a Iblemn Document of his Authority, of himieif, he 
 likewife added a Decree, by which he made void the Right of Cb.'lderick, as an 
 jnfufficient King, and abfolv'd the French from the Religion of their Oath, and 
 ordain'd that Peptn (hould be put in his Place. As foon as the French had obtain'd 
 this, they met at Soijfoiis, turn'd out Childerick^ who (hutting himfelf up in a 
 Monaftery, turn'd Monk, and they eledled Pepin, who was Iblemnly crown'd by 
 •Boniface Archbifhop of Mentz, from whom he alio recciv'd the Holy UncSion, that 
 thereby he might be more refpedled by his Subjeds ; and he was the firft King of 
 FrduCc \\\^ made ule of it. 
 
 SOME French Writers, and particularly Du Pin ', clearly demonftrate, that 
 the French fcnt this Embally to Zacbary^ in order to confult him only as a Dodor 
 and Father of the Chriftians, and that they requir'd nothing from him, except his 
 Advice and Approbation, to make their Election the more plaufible to all Chriften- 
 dom ; fo that Zacharyhsid no other hand in it than by giving his Opinion and Advice. 
 Others, from the Authority of Eginardus \ Regnion, and from the Annals o{ France, 
 relate, that this Pope did not only approve of the Eledion, but, as 'tis eaiy to do 
 more than is requir'd, efpecially when it makes for the Inlargement of one's own 
 Authority, even went further, and made a Decree for it ; which however they lay, 
 was of no Confequence or Prejudice to them for the Time to come, as was made 
 clear, when Two hundred and thirty-feven Years after, the French with common 
 Conlent eledled and crown'd Hugh Capet, by turning out Charles of Lorraine, who 
 was the lawful Heir of the Carlcvingian Race, without being oblig'd to confult the 
 Pope, as had been done by Peptn. Whatever be in this, 'tis certain, that thefe 
 Matters and Treaties were tranfaded at this Time betwixt Zachary and Pepin ; on 
 the one hand Zachary confented to the Tranflation of the Kingdom, which Pepin 
 wanted to be fettled on his Houfe, and gave him all Affiftance ; on the other hand, 
 Pepin promis'd to proted the Apoftolical See, and to defend it againft its Enemies, 
 and particularly the Longohards, and procure it greater Advantages \ It remains 
 a Queftion, whether the Apofcolical See reap'd more Benefit from Pepin and his 
 Arms, w hich he employ'd in defending it againft the Power of the Longohards, and 
 eftablilhing the Temporal Dominion in Italy ; or Pcpm, from the Authority of that 
 See, which was fb propitious to the French, that it made his Defcendants Mafters of 
 Italy, and facilitated the driving the Longohards out of it. 
 
 ' DuPin, de Antiq. Eccl. difc. Differt. 7. i Romani Pontificis Sanftionem, '&c. 
 * Eginard. ad A. 7j'o. hoc anno fecundum ' ■* Paul. /E mil. de reb. Franc. 
 
 SECT. II. 
 
 Rachis ahandons his Kingdom, and turns a Monh of Caflino. 
 
 N the mean Time, before Zachary had concluded thefe Treaties with Pepin, he 
 had not negleded the Intereft of his See with Rachis, who having march'd 
 thorough the Dukedom of Rome, and its Territories, had, as is laid, laid clofe Siege 
 to Perugia, and threatned to proceed further. The Emperor was at a Diftancc, 
 and did not mind the Affiurs of Italy ; the Exarch was not in a Condition to defend 
 himfelf in Ravenna, much lefs to oppofe Rachis ; fo that Zachary, in order to ward 
 off this Blow, was neceditated to have recourfe to his own Authority and Courage : 
 Therefore taking Heart, and well accompanied, he went in Perlbn to the Camp, 
 where Rachis was, under the Walls of Perugia ; and being honourably received by 
 this Pririce, he fpoke with fuch Force and Energy, as to inftill fb tender a Regard 
 for Piety and Religion into him, that immediately he not only rais'd the Siege of 
 
 Pertigia,
 
 156 ^he Civil History of Book V. 
 
 Peru<riii^ but alio yielded to Zachary Ibme Caftles o£ Pentapcl^s^^h\ch he had poflcfs'd. 
 And this Speech made lb deep Impreflion upon him, that being over-aw'd with the 
 Majelty of the Pope, and overcome with the fecrct Force of Religion, a Year after 
 he \vcnt to Knme, with ^a/ia his Wife, and Katruda his Daughter, to vifit him j 
 and there proftrating himfclf at his Feet, and renouncing his Kingdom, he would 
 turn a Monk of C.?//7«o, together with his Wife and Daughter; and having taken 
 the Habit from the Hands of the Pope, he retir'd to Monte Caffinc^ there to end 
 I'.is Days in thst Monaftery under the Rule of S. Renedi^ : I'afia and Ratriida 
 follow'd his Example, who at their own Charges erected from the Foundation a 
 magnificent Monallery of Virgins, not far from Caffiuo, where having put on the 
 Monaftick Habit, they led a holy Life '. 
 
 K.iCHlS Ipent the reft of his Days in the Monaftery of Cc.ffiiio. A Prince 
 remarkable for having govern'd the Kingdom with lb much Prudence and Modera- 
 tion, and made fo many provident Laws ; but what made him much more immor- 
 tal and commendable in the Memories of Men, was his laying it down with lb 
 many Tokens of Piety and Religion ; wherefore the Monks of that Monaftery, 
 worfhip him at this Day as a Saint. At the Time that Leo Ofiienfis compos'd his 
 Chronicle, there was leen near to that Monaftery, a Vineyard, as Leo reports ^, 
 which v.as commonly call'd the Vnieyard of Kachis ; the Monks of that Monaftery 
 affirming, that he planted and cultivated it. The Abbot of Nvce ^, afterward 
 Archbiihop of KnJJajw, while he was Abbot there, caus'd fearch to be made for 
 that Spot, which he found altogether barren ; he caus'd the Vineyard to be re- 
 pair 'd, of which there was not the leaft Veftige remaining, and caus'd likewife a 
 Chnpel to be built in Honour of him. 
 
 JOHN VI L LAN J, a Florentine '*, was of Opinion, tliat the Statue of Metal, 
 which is now to be leen in the Market Place of Barletta, and which is caWd Eracco, 
 had been eredted by the Bencvejitan Longobards to this Prince. The Authority of 
 this Hiftorian made Rentillus * alfo, and, w hich is more, the Abbot of Noce *, and 
 Ibme others believe, that it really was the Statue of Rachis ; which, if we con- 
 fider the Extenfion of the Dukedom of Bencventiun at this Time, would not feem 
 impoflible ; feeing it extended its Bounds on this Side beyond Sipcntiiin, to Bari ; 
 which Town was comprehended in the Dukedom of Beueventmn ; and tho' it had 
 its own particular Dukes, who immediately govern'd it, neverthelels the Kingdom 
 of t\\t Longobards in Italy was made up, not only of that Trad: of Country which' 
 we now call Lotubardy^ and of the other lefter Dukedoms, but efpecially of thele 
 three famous Dukedoms of Spolethun, Friiili, and this of Beneientuni, greater than 
 all the reft, which were fubjed to the Longobard Kings, who had their Seat in 
 Pavia ; it would not feera a ftrange Thing, that the Reneventan Longobards had 
 eteded that Statue to Rad.ns their King. 
 
 BUT two ftrong Realbns convince us of the fabulous and erroneous Opinion of 
 Vtllani. I'he firft is, that it appears altogether unlikely, that the Beneientan Longo- 
 bards, would have plac'd a Statue fo large and magnificent in Barlettta, a Town at 
 this Time fo fmall and of no Account, and fituated as it were on the Borders of 
 their Dukedom, and not in Rcneientuni the Metropolis City ; or in Ibme other 
 magnificent City of that Dukedom, of which they had many ; fuch as Capua^ 
 Salernuin^ Bt^ri, and fo many others. Rarletta at firft was nothing elfe but a 
 Tower plac'd in the Middle of the Way betwixt 'T'rani, and the City of Cannes , fo 
 famous for the fignal Overthrow given the Romans there by Hannibal ; it ferv'd 
 only for a lodging Place for Paffcngers ; and, as is ufual, had for a Sign a fmall 
 Barrel. The Conveniency of the Situation, being feven Miles diftant from each of 
 thele two Cities, drew fome of their Citizens to live there, whence the Place after- 
 wards took the Name of Rarletta ; and the Inhabitants always increafing under the 
 Empire of Zeno, and the Pontificate of Gale/ins, S. Sabimis Bilhop of Canofa 
 thought it a fit Place to build a Church in for the Devotion of the Inhabitants, 
 which was eredcd in Honour of St. Andreic the Apoftle. 'Tis likewife fiid, that 
 Pope Galefiiis being in Mount Gargaiuis, on account of the miraculous Apparition 
 of St. Michael, at the Rcqueft of Bilhop Sabijms, about the Year 493, went down 
 
 ' Erchcmp. apud Pel. hI(V. Princ. Long. p. 6. 
 Leo OlVien. Chroii. lib. i.e. 8. 
 •■ LeoOfti.Mi. Chi-, lib. I. c. 8. 
 ' Ab, dt Ngct aii Oflicn. log. cit. 
 
 '* Vlll.Tii. lib. 2. cap 9. 
 
 ' V.Bcat. hift. di S. .Vabino vefcovo di Canoli. 
 
 '" Ab. de Noce loc cir. 
 
 with
 
 Book V. ?/:7^ K I N G D o M «)/ U A P L E S. 157 
 
 with Laurence Bifliop of Sipoutiim, Pc.Uadius ofSalpi^ Entycbius o? Trail i^ J^'^'^ o^ 
 Rwvo^ Euftorius of laiofa, and Rpger Bifliop of Caiwx^ and confecraced it ; after 
 which Confcciation, the Inhabitants increafmg from Time to Time, it came to be a 
 good lown, many Citizens o^Caimx going thither to live for greater Conveniency. 
 Such was the State of Rarletta in the Reign of Rachis ; it increas'd, and 
 many Ages after began to take the Form of a City, and under the Reign of the Suevi, 
 ^lanfredus who lo\ 'd that Part o( Pallia Aery much, and where he Jiv'd for the moft. 
 part, honour'd it fbmetimes with his Refidence while he was employ'd in building of 
 Kc'zv Stpoiitiiii/, which from him took the Name of Miufredonia. Barlcttci thus 
 honour'd bv this Prince, began to vie with its Mother Cauiix, and to difpute the 
 Boundaries and Territories, which for many Years had been common to both ; 
 whereupon Charles I. of Anjou, to remove all Difputes which ufually arile betwixt 
 Neighbours, made a Divifion ' : It was then furrounded with Walls, and this King 
 clus'd the Streets to be pavM, and the Gates to be built. It was afterwards made 
 the See of the Archbifliop oi N-JZcvretb, and brought to that Magnificcncy in which 
 we now fee it. John Vtllani, who flourifli'd in the Reign of Charles 11. oi Anjou, 
 and yoan I. his Niece, when Barlctta was become one of the confiderable Cities of 
 Pugfia, believing it had been fuch in the Reign o{ Rachis, and leeing this Statue lying 
 in the Port of this City, which the Inhabitants call'd corruptly, as they do to this 
 Dav, the Statue of Arachio, took it to be the Statue of this Longobard King. 
 Whence alio we lee the Miftake of Scipio Ammiratus ^, who writes, that this Statue 
 had been dedicated by the Barlettaiis to the Emperor Heraclias, as a Mark of 
 Gratitude, for that Emperor's having made a Mole to their City, for the Conve- 
 niency of Merchants J whereas in the Time of Heraclais, Barletta was a fmall Vil- 
 lage, and the Mole was fnade many Ages after Heraclius, by its own Citizens ^ who 
 no Iboner than the Year 149 1, tranlported that Statue, which lay half broke to 
 pieces in the Harbour, to the Alarket-Place within the City, where it Hands at this 
 Day, after they had new vamp'd it as we now fee it. 
 
 THE other Reafbn, which proves that it is not the Statue of Rachis, is its being 
 reprefented Beardlels, and drels'd after the Greek Falhion, having in one Hand a 
 Grols, in the other an Apple, a Symbol of the World. Thele Marks, as they prove 
 it to be the Statue of Ibme Emperor of the Eaft, fo they prove it not to be of Rachis,. 
 or any other Longohard King. In the fo often mentioned Code of the Monaftery of 
 the Cave, where the Edicts of the Longobard Kings of Italy are, we lee fome Pictures 
 m Miniaturcof fome of thele Kings, Authors of thele Edids, tho' Ibmewhat fpoil'd, 
 and after the manner of Painting in thole Times, coarfe and fimple , neverthelels 
 they are reprefented with long Beards, military Garments, the Scepter in their Right 
 Hand, and the Crown on their Head, but neither Crols nor Apple to befeen: 
 Whence 'tis probable, that, according to the ancient Tradition of the People of Bar- 
 letta, it may be the Statue of Heraclius Emperor of the Eaft. 
 
 H E, lay they, on account of the great Veneration, which not only he, but all 
 
 the other Emperors of the Eaft his Predeceflbrs, paid to Michael the Archangel, to 
 
 whom there were fo many Churches and Altars ercdted in Confiantinople ; when the 
 
 Sandtuary of Mount Garganus was become fo fimous in his Time, that it drew the 
 
 Bounty of the moft potent Kings of the Earth to it, likewife would fend and offer 
 
 to that Church many rich Prelents, and among the reft his Statue, to the end that he 
 
 might eternize the Remembrance of the Worfhip which he paid to that Saint. They 
 
 add, that the Ship which carry 'd thele Prelents, being tofs'd in the Adriaiick Sea with 
 
 Winds and Storms, was wreck'd in that Sea near the Shore of Barletta, where the 
 
 Statue lay for a long Time inthe Water ; and that at laft it was difcover'd and brought 
 
 afhore to the Harbour of that City, where it lay likewife half fhatter'd for many 
 
 Years: In fine, the Barlettans in the Year 149 1, carry'd it into the City, and plac'd it 
 
 where we now fee it. Certainly the fliav'd Beard, the Greek Habit, the Crois and the 
 
 Apple, prove it to be the Statue of fome Greek Emperor ; Tradition, and the 
 
 Refemblance it bears to Heraclius, and the Name, tho' corrupted, by which it has 
 
 always been call'd by the Barlettans, give Ground to believe it is the Statue of that 
 
 Emperor. The Opinion of MazzcUa \ who bclicv'd this Statue to be the Emperor 
 
 Frederick ll's, is fo falfe and foolilh, that 'tis not worth the while to confute it, aJ 
 
 being reptignant to all Hiftory. 
 
 ' Rcgiftr. Carol! I. A. 1292. & A- 129; 1 "^ Ammir.ncl. lib. delleFam. del R. di Nap. 
 fieltraa. defer, del R. di Nap. 1 ' Mai. dclcr del Reg. di Nap. c fue Prov . 
 
 Y y y CHAP.
 
 2,8 
 
 The Civil History oj 
 
 Book V. 
 
 CHAP. II. 
 
 Of Aftolphus King of the Longobards, his Expedition to Ravenna, 
 and the End of that Exarchate. 
 
 H E Longobards, as foon as Racbis turn'd Monk, fet y^Jiolpbui his 
 Brother on the Throne ; a Prince gallant in the Field, and wife in 
 the Council, who brought his Kingdom to the higheft Pitch of 
 Grandeur ; which was the Occafion of his own Fall, and the Ruin of 
 the Longobards in Italy. In the Beginning of his Reign he dilcover'd 
 an Inclination to be moderate and peaceable ; he confirm'd the Peace 
 formerly made betwixt Zachary and Luitprandm, and Kachis his Brother, and 
 granted the Pope all thofe Conditions which had been ftipulatcd with his Prede- 
 cefTors. This Pope, after having fettled the Peace with Aftolpbtis, and {o advan- 
 tageoufly adjufted the Interefts of his See, departed this Life in the Year 752. A 
 Pope to whom the Church of Rome is much beholden, who by his wife Conduft 
 rais'd her to lb much Grandeur, and augmented her Authority ; he left to his Suc- 
 cefTors very folid and firm Foundations, on which in after Ages they have been able 
 to raife fuch a towering Superftrudlure in all the Kingdoms of the Weft, as gavejea- 
 loufy to Princes, and ftruck a Terror into the People. 
 
 ZACHART being dead, the Clergy and People of Rome chofe Stepben II. 
 but he held that See only three or four Days ; for being opprefs'd with a fevere 
 Lethargy three Days running, he died on the fourth. Immediately there was an- 
 other chofen, likewife nam'd Stephen, who by the antient Writers is alfb call'd the 
 Second, not reckoning his Predeceflbr, who died without being confecrated ; for in 
 thofe Times the Eledlion alone did not make a Pope, but the Confecration ; lb that 
 if any was elected and died without being confecrated, he was not put in the Lift 
 and Number of the Popes : T hus we fee, not to name others, Ecbereniperttis, and 
 Oftienfis ', call this Stephen the lid, and not the Hid. However, at prefent 'tis a 
 fettled Point, contrary to what anciently was believ'd, that by the Election of the 
 Cardinals the Pope receives all Authority ; and therefore the Writers of thefe latter 
 Times have labour'd to put this Stepben in the Number and Lift, whereupon they 
 have agreed to alter the Number of the fublequent Stephens, by calling the Second 
 Third, and the Third Fourth, and fo on to the Ninth, whom they call the Tenth, 
 wl:ich occafions great Confufion in comparing the ancient and modern Writers, 
 the latter ftifly maintaining this Point. 
 
 THIS Pope having mounted the Throne, and follow'd the Footfteps of his 
 Predeceffors, after three Months of his Pontificate, fcnt Legates to .■^ftclpbtis with 
 many Prefents, in order to eftablifh that Peace which he had already confirm'd with 
 Zachary ; y^fiolphiis ratify 'd it, and it was agreed on for other 40 Years. 
 
 BUT this Prince, who was no lels ambitious x.\\a.n Lmtprandus, confirm'd this 
 Peace with the Pope, to the end that he might not divert him from the Defign he 
 had of fubjeding Rat-emia, with all the reft of the Exarchate, which was yet in the 
 PoffclTion of the Greeks^ and was govern'd by the Exarch Etitycbiiis. From the 
 Time he mounted the Throne, in order to that Expedition, for the Space of two 
 Years, he had gather 'd together all his Forces, and made them more powerful than 
 
 ■ Echeremp. apud Pclleg. pag. f. Oftienr. lib. i. cap. 8. 
 
 ever;
 
 Book V. the Kif^G DOM of NAPLES. 259 
 
 everj and perceiving that Conftcmtinus Coproiihrns, who at this Time had afTociated 
 his Son Leo with him in the Throne, was employ 'd in other Expeditions in Greece and 
 yijia^ and did not in the leaft mind the Affairs o( Italy, and tho' ever Co willing, vet 
 could not io lliddcnly lend Aihftancc ; he in an inftant march'd with all his Forces 
 agn'inil Liitycbi us, and went diredly towards Kavemia the Head of the Exarchate, 
 and laid dole Siege to that Imperial City. Eiitycbius being thus catch'd nappin^j 
 and unable to bear an Aflault, or defend himfelf againft fuch a numerous Army, 
 agreed to Surrender the Place, without hopes of ever recovering it ; being far from 
 any Afliibince, and unprovided of Men and Money, he abandoned every Thing 
 and return 'd to Greece. After Afioiphiis took Raveiiua, and all the other Cities of 
 the Exarchate, Peiitapclis eafily furrender'd to him ; who now triumphing over 
 his Enemies, join'd the PLxarchate of Ravenna to his Kingdom, which his Prede- 
 ceflbrs had lo often in vain attempted to do^; for fometimes they gain'd it, fometimes 
 loft it, but never could intirely and firmly unite it to their Crown. 
 
 THUS ended the Exarchate of Ravenna and its Exarch ; a Magiftrate who for 
 the Space of 183 Years h.ad maintain'd the Power and Authority of the Emperors of 
 the Eaft in Italy: Thus ended likewife the great Luftre and Splendor of that City, 
 which, by the Emperors Honorius and Valentinian, who negledled Rome, had always 
 had the Honour to be made the confrant Place of their Refidence, as it was after- 
 wards the Refidence of the Exarchs, whom the Dukes of Rome, Naples, and all the 
 other Italian Cities of the Empire obej'd, and whole Bilhops contended with thofe 
 of Rome for Precedency ; now being retaken by the Longobards from the Greeks, it 
 chang'd its Fortune, and being reduc'd to the Form of a Dukedom, was no other- 
 ways treated than the other leffer Dukedoms, of w hich the Kingdom of the Longo- 
 hards was made up ; which was the Occafion of its fatal Ruin, and of the Condition 
 we now fee it in. Marquardus Freerus ', in theChronology which he compiled of the 
 Exarchs of Ravenna, from Lon^iuus the firft Exarch, under Jiiftin II. to the laft, 
 which was this Etitychitis, writes, that this Exarchate continued 175 Years; but 
 from the Computation of the Years which he himfelf has made of it, we lee, that 
 it having, as he lays, begun from Longtnus in the Year 568, and ended in Etttycbius^ 
 after Aftolphus had taken Ravenna according to him in the Year 751, the Exarchate 
 lafted 183, and not 175 Years. And according to thofe who compute the Fall of 
 Ravenna from the Year 752, the Exarchate lafted 184. Years. 
 
 ' Freh. in Leunclav torn. i. juris Gr«Fco Roman. 
 
 S E C T. L 
 
 T'he Expedition 0/" Aftolphus into the Roman Ditkedonu 
 
 ASI'OLPHUS after fo great and glorious Undertakings, being full of high and 
 ele\ated Thoughts, now threaten'd to extend his Empire over the miferable 
 Remains which were yet left to the Emperors of the Greeks in Italy ; he being Mafter 
 of the Exarchate of Ravenna, and thinking he had a Right to all that belong'd to 
 the Exarchate, which was the Superiority and Sovereignty over the Dukedom of 
 Rome, and all the reft ; pretended likewife to command the Cities of the Roman 
 Dukedom, and efpecially the City of Rotne, in which the Emperors of the Laft, 
 after the Agreement made betwixt Luitprandus and Gregory II. had continu'd to 
 have fome Veftige of Superiority, by having their Officers ftill there. Therefore he 
 threaten'd the Lands of the Dominion of the Church, and Rome itfclf, having broke 
 and violated the lb many Treaties of Peace concluded betwixt himlelf and his 
 PredcceflTors, and the Roman Pontiffs, he march'd his Army towards Rome, and 
 having taken Narni, fent AmbafTadors with a fevere Mellagc to the Pope, telling him, 
 that he would plunder Rome, and put all t\\t Romans to the Sword, if they did not 
 fubjcct therafclves to his Empire, by paying him a Yearly Tribute of a Crown for each 
 
 Man.
 
 z6o The Civil History of Book V. 
 
 Man '. The Pope being much troubled at {o terrible a MeiTage, endeavour'd to 
 pacify him by a confpicuous Emlxiiry of two famous Abbots, who flourifti'd at that 
 Time i he fent to him the Abbots oi Monte QiJJiuo and S. Vmcciizo, to / 'olturnum^ with a 
 great many valuable Prefents, charging them to put him in Mind of the Peace lately 
 made, and by Reafoning and Intreaties endeavour to pcrfuade him not to break it, 
 but to turn his Arms another way \ 
 
 THE Pope from the Beginning of the Irruption which yifi alphas made upon 
 Ra-vcHua, forefeeing thefe Mifchiefs, had acquainted the Emperor Covjiantwe with 
 the Defionsof the Longobards^ and had foUicited him to fend powerful Affiftance to 
 the Exarch, in order to put a Stop to them ; but Conjiantnie intending to cover his 
 Weaknel's with the Cloak of Authority, gave him to nnderftand, that that alone 
 was enough to hinder the Longobards from fuch an Undertaking ; inftead of 
 an Army, he fent a Gentleman of his ^Bedchamber, named Jodnnes SilenztaYtus^ 
 with Orders to the Pope to fend his o^n Letters along with him to y^Jiolpbtis, in 
 order to oblige him to reftore what he had taken ^ 1 he Pope not only ient Let- 
 ters but alfo Legates to accompany yohn ; but when they arriv'd in Kaieuna where 
 Afiolphus w^s, and deliver'd the Melfage about reftoring what he had taken, that 
 Prince received it with Contempt, and they were immediately lent back without 
 Succels, as they might well have imagin'd ; for which Caufe the Pope's Legates 
 went \f.'\t\i John diredly to Conflantmople, to intreatthe Emperor anew, in the Name 
 of the Pope, to come himfelf into Italy with a powerful Army in order to fave 
 Koine, and the other Remains of his Empire in Italy, which the Longrhards were 
 flill endeavouring to rob him of But Conftantme, who was embroil'd in other 
 Wars, and who minded nothing elfe, except the calling a new Council this Year 
 753, confifting of 338 Bifhops, for pulling down the Images i was in no Condition 
 to quarrel with the Longobards. 
 
 THEREFORE 4SVf/)^«; feeing that it was in vain to have recourle to Copro- 
 jiimus % who could not fo much as defend himfelf againft the Longobards, and was 
 at a great Diftance for protecting his Church ; and that on the other hand y^fiolphus 
 had enter'd the Roman Dukedom with an Army, was laying all the Country wafte, 
 and threatning the Romans with Slaughter and Slavery, if they did not lurrcnder to 
 him ; at laft refblv'd, after the Example of Zachary, and the two Gregories, to have 
 recourfe to the Protection of France, and to beg Pepin s Afliftance. He lent 
 privately a MelTenger to France, by whom he laid open his Dirtrels to Pepin, and 
 his Defire of going to France in Perlbn, if he would lend him Ambafladors for con- 
 ducing him thither in Safety. Pepin did not fail to fend him immediately two of 
 the principal Officers of his Court, Rodigandiis a Bifhop, and Duke Antony, in 
 order to condud: him to France. The Bifhop and Duke being arriv'd at Rome, 
 found that the Army of the Longobards, after having taken all the Caftles in the 
 Neighbourhood of Rome, was ready to inv^eft that City ; and the Pope's two Legates, 
 with the Emperor's Envoy being return'd from Confiantinople, had brought nothing 
 but a fecond Order for the Pope to go in Perfon to yiftolpbus, and urge him to 
 reftore Ra-vcnna and the other Cities he had poffefs'd himfelf of There was no 
 likelihood that this Journey would turn to any Account, yet the Pope was willing 
 to obey, in order to make the laft Effort, to fee if he could prevail with that Prince ; 
 but when he faw that all his Labour was loft, and that Aflolphtts, who had for- 
 bidden him to Ipeak of any Reftitution, was doing what he could to ftop him, he 
 fuffer'd himfelf at laft to be conduced to France by Pepin s Ambaffadors. 
 
 • Sigon. ad A. 7f;. I " Anaftaf. loc. clt. Cernensab Imperlali po- 
 
 * Erchemp. apud Pelleg. p. 6. loc. cit. J tentia nullum cflc fubvenicndi auxilium- 
 ' Anall. in vita Stephani III. 1 
 
 SECT.
 
 Book V. ?/;^ K I N G D o M 0/ N A P L E S. i6\ 
 
 SECT. II. 
 
 ^ofe Stephen in France, his Negotiatiovs ivith King Pepin, and the Donation 
 o/"Pcntapo)is made by this '■Prince to the Church of Rome, and the Exarchate 
 ey^ Ravenna taken from the Longobards. 
 
 TH E Pope being arriv'd in France, was receiv'd by Pepin with all Marks of 
 Efteem and Veneration ■ he ador'd him as Pope and Father of Chriftianity, 
 and paid him more Honour than he could have done to the moft powerful King of 
 the Earth. Stepbm reprefented to the King the Ncceflities and Diflrcfs to which 
 the Longobards had reduc'd him, and crav'd his AfTiftance and Proteftion, for which 
 he offer d to employ all the Authority of the Apoftolical See to his Advantage. 
 Pepni then, that he might make himfelf to be the more refpeded by his Subjeds, 
 and for the better eftablifhing the Kingdom o( France in his Perfbn and Pofterity 
 would have Stephen to confecrate him King with his own Hands, and to anoint him 
 and his two Sons Charles and Carhman with the holy Und:ion, which was per- 
 form'd in the Church of S. Denis '. On the other hand Pepin, befides affuring him 
 that he w^ould curb the Infblence of the Longobards, and make them reftore the Places 
 they had pofiefs'd themfelves of in the Roman Dukedom, promifed alio to drive 
 Aftolphiis out of the Exarchate of Ravenna and Pentapolis, and to reftore thofe States 
 when taken from the Longobards, not to the Greek Empire, to which they belong'd, 
 but to St. Peter ar\A his Vicar: Stephen commended the generous Offer which he 
 made of other Peoples Goods, and alfo inlarg'd upon the great Advantage it would 
 be to the Salvation of his Soul ; whereupon the Donation was agreed and fworn to 
 by Pepin, who likewife made his two Sons Charles and Carloman confirm it. 
 
 This Promile of the future Donation, in cafe Pepin fuccecded in diivino' the 
 Longobards from the Exarchate of Ravenna aiid PentapoUs, comprehended only 
 the(e States. Leo Oftienfis ' confounds what Anafiajitis Bibliothecarius wrote con- 
 cerning the Donation made afterwards by Charles the Great to Pope Adrian, with 
 this promis'd by Pepin to Pope Stephen. Anafiajlns relates ' that Charles the Great 
 confirm'd, and performed what Pepin his Father had promis'd, and rather added to 
 his Father's Donation : he fiys that Charles by a new Inftrument gave to S. Peter 
 and his Vicar, many Cities and Territories in Italy, fixing the Boundaries from 
 Luna a City of I'lifcauy, fituated on the Borders of Lignria, with the Ifland of 
 Corfica, to Sorano and Monte Bordone, including Vecetri, Parma, Rcggio, Mantua, 
 2in6. Monfelice ; together with the Exarchate of Ravenna, as it was anciently, with 
 the Provinces of Venice and Iftria ; and all the Dukedoms of Spoletiiim and Beneven- 
 tmi. Leo ■*, as the Abbot de Noce likewife obferves ', fpeaking in the eighth 
 Chapter, of the Donation of Pepin, makes ufe of the very fame Words of Ana fl a fins, 
 which relate to the Donation of Charles his Son j and when afterwards in the twelfth 
 Chapter he treats of the Deeds of Charles, and of this his Donation, he docs not 
 name the Places and Cities, as Anaflafms docs ; but as \f Charles had done nothing 
 cHe but only confirm'd that of Pepin, fuppofing, that that comprehended all thole 
 Places defcrib'd by him in the eighth Chapter, he fiys, that Charles, bono ac lihenti 
 ammo aliam Donationis prori7i{[ionem injlar prioris de/cribi prcecepit. But that this 
 Donation of Pepin comprehended nothing clfc but PentapoUs, and the Exarchate of 
 Ravenna, which were to be taken from Afrnlphas, is evidently known by the Exe- 
 cution, which was perform'd by Pepm himfelf, when, as we Ihall relate, he came to 
 Italy, and taking them from theLoJ/goWrf^, madcaPrefentof them to the Apoftolical 
 See ; Leo writes the fame *, that Pepin, fimiil cum prxfato Romano Pontifice Italiam 
 
 Ofticnf. lib. I. cap. 3 Pipinum & duos filios [ * Anaft. in Adriano. 
 e'jus Carolum & Carioniaimum uiixit in Regcs ' Leo Oftien. lib. i. cap. 8. Z: 12. 
 
 Francorum. ' Ab. de Nocc in notis ad Lion. clt. lib. c. 3. 
 
 '■ Ofticnf. lib. 1 . cap. 8. I « Leo Diit. cap. 8. 
 
 2 Z z z veniens.
 
 1 6 1 The Civil History of Book V. 
 
 'veniciis^ 6^ Kavennavi^ ^ 'viginti alias Ci'vitates fiipradiclo Aifiulpho abftulit, ^ fub 
 jure Apoftolicce fedis redegit. 
 
 WE are likewife co'nvinc'd of this from the Chronicle of the Monaftery of 
 S. Cleiiieiit, in the Ifland of Pefcara, which we now read printed in the fixth Tome 
 of Cghelltis's Italia Sacra; where relating the flime Tranfadions of Pope Stephen 
 with Pepm^ we read that Pepin having driven out Aftolphns, and freed Kaiemiay 
 gave it to St. Peter, with twenty other Cities. When afterv/ards this Author fpeaks 
 of the Donation of Cboiies, he fays, that this Prince rejiituit beato Petro, qua 
 Pater ejus dederat, S De/ideriiis al'ftnley.rt, addeitsetiam Dv.catim Spoletanum (3 Bcne- 
 njentaniivi, &c. But how true that may be which Aiafiafius relates of the Donation 
 oi Charles the Great, making it to comprehend Corjica, the Dukedoms of 6'/)o/<?^/'//w, 
 Beneventuvii, Venice, Jfiria, and a great man)- other Places, never taken or poflefs'd 
 by Charles, we fliall fee by-and-by, when wc fhall ha\'e Occafion to treat of it. 
 
 A S foon as thefe Articles were agreed to betwixt Stephen and Pepin ; this Prince, 
 the Pope having continu'd with him in France, immediately interpos'd his moll 
 earneft good Offices with Aftolpbus, which he thrice repeated, to perfuade him to 
 reftore the Places he had taken ; but neither Intreaties nor Threatnings prevailing, 
 at lail, fpurr'd on by the Pope, he refolv'd to march into Italy againft him with all 
 his Forces; and being follow'd by Stephen, he forc'd the Paflage of the Alps, 
 put Afiolphiis's Army that oppos'd him to Flight, and follow'd them at the Heels to 
 the Gates oiPavia, where he bcfieg'd him, and conftrain'd him at laft to accept of 
 hard Conditions, obliging him to give Hoftages, and promile to reftore the Lands 
 of the Church which he held in the Roman Dukedom ; he took Ra-vejina from him, 
 and twenty other Cities, and in this Year 754, he added them to the Dominion of 
 St. Peter ', and quickly return'd to France. 
 
 BUT Pepin was no fooner return'd to France, than AJf alphas, Iktle minding the 
 Hoftagcs which he had put into Pepin's Hands, and breaking all the Oaths he had 
 made to him, came with all the Forces of his Kingdom, and laid Siege to Rome, 
 after he had terribly deftroy'd the Country about it. Stephen now feeing himfelf 
 reduc'd to the laft Extremity, had recourfe to his Protedtor in the ftrongeft and 
 moft moving Terms poflible ; he wrote him thole three Letters which wc have to 
 this Day % in the moft fubmilTive Stile that can be imagin'd ; and without any 
 Precedent addrefs'd him in the Name of St. Peter, to whom the Donation had been 
 made, direding the Letters to the King, his two Sons, and all the States of France, 
 after this manner : Pctrus "vocatus Apofiolus a 'jefu ChriJIo Dei vi'vi Filio, &c. Viris 
 escellentijjimis Pipino, Carolo & Carlomanno tribv.s Regibns, &c. where he brings 
 in the Apoftle fpeaking thus. Ego Petrus Apofiolus dura a Chrifio, Dei 'vi'vi Filio, 
 'vocati'.s funifupernx dementi x arbitrio. See. ^ and conjures him in the Name of God 
 to come to his Relief, otherv/ile he would be debarr'd from the Kingdom of God, 
 and Life eternal, and fo goes on in fuch a Strain as was moft apt to aifcdt a 
 Chriftian Heart. 
 
 LESS than this would have fuffic'd to oblige Pe/)/;/ to have recourfe again to 
 Arms. He had already aflembled his Forces on the firft News of the Motion of 
 Afiolphiis ; and with them marching anew towards Italy, he defeated Ajlolphus's 
 Army, which defign'd to have dilpiited the Paflhge of the Alps with him, and 
 threatning their atter Ruin i( he continu'd the Undertaking, he obliged him to raile 
 the Siege of Rome, which had already lafted three Months, and to throw himlelf 
 into Pavia with the Remains of his Army. 
 
 I N the mean Time Conftantinus Copronimus being advis'd of thele Tranfadtions 
 about his Dominions between Stephen and Pepin, and that Afiolphiis had yielded the 
 E\AYchatG o{ Raienna to Pepin, in order to gi\e it to the Pope, fent immediately 
 two Amba(f\dors to King Pepin, requiring the Reftitution of it as belonging to the 
 Empire ; they being at Marfetlles, whither they liad come from Rome with a Legate 
 of the Pope, heard that Peptn had already pals'd the Alps, and defeated the Army 
 of the Longobards ; whereupon one of the two immediately made the beft of his 
 way to King Pepin, who was not far from Pavia, and ready to beliege it, while the 
 other rcmain'd with the Legate. 
 
 ' Leo Oft. lib. I. cap. S. Ravennam & viginti I " Baron, ad A. 7ff. &: torn. 6. Condi, scdit. 
 alias Civiratcs fupraditto Aiftulpho abftulir, & Parii". 
 
 fub i;ac Apoftolic* I'odis rcdtgic. * Vid. Franc, du Chefne. torn. ;. hid. p. 705*. 
 
 I Sl fcq. Alemann. de Pariec. Latcranenf- c. 10. 
 2 THE
 
 Book V. the K I ^ G D o m 0/ N A P L E S. 265 
 
 THE AmbafTador was immediately introduc'd to an Audience of the King, in 
 which, after having cxtolfd Pephi for the two Victories he had obtain'd over the 
 Lougoiards, the common Enemies of the Empire and Fy.vice, and commended his 
 glorious Adions in the Name of his Prince, he open'd his Commiflion ', and repre- 
 fented to him, that without Difputc the Exarchate belong'd to the Empire and was 
 ufurped from it by yiftolpbiis, who took all Opportunities of aggrandizing himfclf at 
 the Coft of his Neighbo-.irs, while his Prince was making War againft the Saracens • 
 that fmce the King had retaken it from the Uflirper, it was juft that he fhoiiid 
 likewife reftore to the Emperor what was his ; that in fine, the Pope was his 
 SubjcA, and that feeing he iliffer'd him to enjoy peaceably whate; er had been given 
 him by the Emperors and private Perfons, for maintaining his Dignity, it would 
 not be a juft Thing in him likewilc to uiiirp the Lands of his Sovereign ; for the 
 reft, Conftantine, who defir'd nothing but Juftice, was moft ready alfo to pradtife 
 it on his Part ; and that feeing the King had been already at great Expences in this 
 War, he ofFer'd him all that he could defire of an Emperor who was equally liberal 
 and thankful. 
 
 THIS new EmbafTy had no fooner been laid before Pc/)//?, who forefaw what 
 the Ambaflador was to demand of him, than he very courteoufly anfwer'd him. 
 That the Exarchate belong'd to the Conqueror of the Lougobards^ who had acquir'd 
 it Jure BcUi^ as their Predeceffors had done a great Part ofl.fj/y from the Greek. Em- 
 perors i that it was alfo notorioufly known, that the greateft Fare of thefe People being 
 forc'd to change their Religion, had yielded themfelves to King Luifprandiis j that 
 thus fuppofing the Right of the Lougobards, of which there was no more reafon to 
 doubt, than of that of the French who had conquer'd Gallia from the Romans and 
 ff-'efirogcths, he was very well alfur'd of his Right ; and feeing he had oblig'd AJIol- 
 fhus by Force of Arms to yield the Exarchate, of which he was going to take Poffef- 
 fion by the fame Means, he could difpofe of it as he thought fit ^ : And had 
 judged it proper to give the Dominion of it to the Pope, that the Catholick Faith, 
 which had been polluted with {o many infamous Herefies of the Greeks, might be 
 prelcrv'd in it intire ; and that the ambitious and covetous Lonzohards might not 
 poffelsit; on which Confiderations he had taken Arms againft thofe who opprefs'd 
 the Church » ; and that for all the Treafure in the World he would not alter his 
 Reiblution, and that he would maintain the Pope and the Church in the Poifeflion of 
 •what he had given them againft all the World. 
 
 THEREFORE having difmifs'd the Ambaftador im.mediately, without fuf- 
 fering him to reply, he went and laid Siege to Pavia, which he inverted fo ftrongly, 
 that yJJiolpbiis not being able to refift any longer, was oblig'd to beg Peace of him 
 which he obtain'd, on Condition that he would immediately perform the Conditions 
 of the Treaty made the preceding Year, in delivering up the Cities of the Exarchate, 
 o£ Emilia, now call'd Komagna, and of Pentapolis, which we caU Marca d'y^'i/cona ''; 
 into the Hands of Fulradus Abbot of S. Denis who was appointed Pepin's Commit- 
 fioner. Which was readily perform'd by CommiiTioners likewife appointed by 
 Afiolphus : Fulradus having made all the Longobards to evacuate the Exarchate and 
 all the other Places, and receiv'd Hoftages in all the Cities, went and carried the 
 Keys to the Pope, which he laid upon the Sepulchre of the Holy Apoftlcs, with the 
 Donation of Pepin attefted with all the Solemnity and Forms rcquifite, and which he 
 likewife caus'd to be fubfcrib'd by Pepin's two Sons Charles and Carloman, as alfo the 
 principal Barons and Prelates of France. The Exarchate, if we may give Credit to 
 SigoniHs ', comprehended the Cities of Ravenna, Bologna, Imola, Faenza, Forlim 
 Popoli, Forli, Cefena, Bob bio, Ferrara, Commacchio, yMria, Cervia, and Secchia. 
 All which were delivered to the Pope except Faenza and Ferrara. 
 
 PEN'fAPOLIS, or Marcad'Ancona, comprehended ^Yiv;//'/;//, Pefaro, Conca^ 
 Fano, Sinigallia, Ancona, Ofino, Umana, now demolifti'd, Jefi, Fojfombrone, Mm- 
 feltro, Urbhio, the Balnefean Territory, Cagli, LuceoU and Eugubio, with the 
 Caftles and Territories belonging to them, as appears from the ipecial Grant of 
 Lewis the Pious, by which this Donation of Pepm was confirm'd • of the Truth of 
 which we fhall fpeak in its Place. 
 
 ' Anaftaf. in vita Step. III. i %. cap. ii. num. f. 
 
 "■ Anaftaf. lo:. cit. I ♦ Anafl. loc. cic. Leo Oftlenf lib. i. c. 
 
 ' p. de Marca de Concord. Sac. Zi Iirp. lib. 1 - Sigon. ad A. 75-6. 
 
 THE
 
 264 5"7j^ Civil History of Book V. 
 
 THE Pope being inrich'd with fo many Cities and Dominions, committed the 
 Adminiftration of the Exarchate to the Archbifliop of Kavetnia ; whence fome have 
 wrote, that the Archbifliops of t!iat City took alfo the Title of Exarchs, not as 
 Archbifnops, but as Officers of the Pope, now a Temporal Prince. Thus did the 
 Fopos begin to be potent Lords in Italy, by adding Principality to the Priefthood, 
 a:.d the Scepter to the Keys. Wherefore the Donation of Coujhnitine the Great, 
 pi'.rticularly with regard to Kovie and ItcTly, by what we have laid in the Second 
 Book of this Hiftory, and by what the molt learned Hiftorians, Civilians and 
 Divines hold as unqueftionable, was a grofs Fiction of a noted Impoftor of the 
 tenth Century ; or, according to P. de Mcuca, much earlier, in the Times of 
 Adrian and Charles the Great. Neither, how true lbe\er we may fuppofe it to be, 
 had it any EiTedl:, for the Emperors, and other foreign Kings who fucceeded to 
 them, were always from that Time Lords of Italy and Koiiie. Neither did the 
 Popes pretend to any Thing in Italy but thole Patrimonies, which they poflefs'd by 
 the Bounty of fome Prince or private Perfon, given them for their Maintenance, as 
 is laid, and as all other Ecclefiafticks held theirs in other States over all Chriftendom. 
 It was truly Pepiii, after the Popes had paved i'o convenient Ways for making them- 
 Iclves deferve fo well at his Hands, who from the Lownels of a mean Fortune, 
 in; ich'd them with the Spoils of the Longobard Kings, and the Greek Emperors, by 
 giving them Cities and Provinces ; and, if the Truth was own'd, he was moft liberal 
 of them, as generally a!) thofe People are, who are not proliafc of their own, but of 
 other Peoples Goods. Thele certainly belong'd to Confiantiuc Emperor of the Eall ; 
 and, truly fpeaking, this Donation ought to have been made, not b}- Pcpiii, but by 
 Confiantrm, whofc Right they were ; Whence fome have written ', that this Dona- 
 tion was made in the Name of Conftantine ; which gave Rife to the Fable of the 
 Donation oi Conftantine the Great. From this Time forth the Popes left off in their 
 J^etters and Bulls, to take notice of the Years Ptijfimonan Auguftorum., as formerly 
 they had done. And being afiur'd of the Protedion of France^ they renounc'd 
 their Obedience to the Emperors of the Eafl-, and would no longer be deem'd his 
 Subjeds : On the other hand, the Greatnels of the Popes was of luch Advantage 
 to Pepin., that it brought to his Son Charles who fucceeded him, not only the King- 
 dom of Italy., by drixing out the Lon^obards., but alfo the Empire of the Welt, 
 which the Pope would rcftore in the Perfon of Charles, as we fliall fliew in the 
 following Book. 
 
 THE French, tho' willing to be reputed Authors of the Greatnels and Temporal 
 Dominion of the Apoftolical See, which cannot be deny'd them, yet contend, that 
 the Popes had only the Dominium Utile of thefe Cities, which were given to the 
 Church by Pepin ; but that the Sovereignty rcmain'd in Pepin, and the other Kings 
 oi France his Succeflbrs, which Sigonitis in his Hiftory cannot deny ; it being mani- 
 feft, fay they, that the Defcendants of Pc/>/« had the fovereign Authority, which 
 they exercis'd almoft over all Italy. And that it was long after that the Popes 
 became Sovereigns of Koine and thele Provinces ; not by the pretended Ceflion 
 which Charles the Bald made of his Claim, Rights and Prerogatives, but by the 
 Declining of the Empire, after it was confin'd to Germany alone, juft as lb many 
 other Princes of Italy lawfully polTels, at this Day, the Sovereignty which they 
 have acquir'd in the \\'eft. 
 
 PE'fER DE MARC A', lets us fee how, and upon what Foundations the 
 Popes by degrees took upon them the Sovereignty of Row£', which was certainly not 
 in thefe Times. He lays, as the Exarchate of Ravenna was yielded to the Pope by 
 Pepin, by the fame Rule, the Superintendency and Government of Row^ likewife 
 belong'd to him, as it had done to the Exarch of Ra-vemia, to whom the Greek 
 Dukedoms, and alio that of Rome had been fubjefti the Sovereignty belong'd to 
 the Emperors of the Eaft, the Adminiftration to the Exarchs : Whence the Popes 
 as Exarchs pretended to it. But Pepnt and Charles the Great being made Patricians 
 oi Rome, the Patriciate imported the having the Care of that City, and we fliall lee 
 the Pope and the Patrician together taking Care of the Government of it, as Pope 
 Adrian and Charles the Great did. After Adrians Death, Leo III. who fucceeded 
 him, left the fole Adminiftration to Charles, who fi-om the Patrician was now railed to 
 the Imperial Dignity, which carried the Sovereignty of Rome along with it, and the 
 
 ' Span, de Imag. contra Malmburg. ' P. dc Marca lib. ^. cap. 11. num. y, u, &: 12. 
 
 Popes
 
 Book V. ^A^ K iNGDOM 0/ N A P L E S. 265 
 
 Popes no more intermeddled in the Government of it, till the Authority of the 
 Emperors, Succeflcrs o{ Charles, by piece-meal declining in Italy, at laft Charles the 
 Bald, in the Year 876, .yielded all his Claim and Sovereignty over Koine to the 
 Apoftolical See : Whence it is, that Conflamiiius Porphyrozenttis ', defcribing the 
 State oi Europe in his Time, about the Year 914, fays, that Kotne held of the 
 Popes Jure Doinniii ; whence began the Cuftom of matking the Years of the Popes 
 in their Bulls, whereas formerly the Years of the Princes and Emperors were 
 mention'd. 
 
 THE Abbot Jobit Vignoli in our latter Times, to wit, in the Year 1709, has 
 publifh'd a fmall Book, intitlcd, Autiquiores Poiitijicum Roiuanoriim denarii, wherein, 
 contrary to the Opinion of the French, he endeavours to demonftrate, that the Senate 
 and People of Rome, after having thrown off the Yoke of the Emperors of the Eaft 
 fubjeded themfelves to the Roman Pontiffs, by acknowledging them for their Sove- 
 reigns ^ and that they not only had thtDomiuium Utile of Rome, but likewife the Di~ 
 reilum. He pretends to prove it from the Coins yet extant of the Princes ; and tho' there 
 may be fbme more ancient ones, yet he confines himfelf to thofe that are ftijl to be 
 feen, fhuck under Adrian!. Leo III. and other Popes j and iho' fomc of them, 
 luch as thofe of Leo III. and other Popes, bear the Names of the Emperors, to 
 wit, Charles the Great, Lewis, Otho, &.c. as well as the Names of the Popes; yet 
 this gave Occafion to Le Blanc a Frenchman, to compile a Treatifc with this Title, 
 An Hiftorical Differtation upon fame Coins of Charles the Great, Lewis the Pious, 
 Lothaire, and their Succejfors, coind in P^ome ; wherein he confutes the Opinion of 
 thofe, who pretend, that thefe Princes never had any Authority in Rome, but by 
 the Confent of the Popes ; notwithflanding this, the faid Abbot Vignoli endeavouis 
 to demonftrate, that a great deal of the Popes Money had not the Names of t!ie 
 Emperors, fuch as one Piece of John VIII. which is only mark'd with that of th"? 
 Pope ; However that may be, Le Blanc's Work fhews how doubtful the Opinion of 
 Vignoli is, and how much better founded that of the French is. 
 
 ' Conft. For. de Themat. lib. 2. Th. X. Roma Regium depofuic Princip. & propriam Admlnl- 
 ftrationem, acjurifdiftionemobtinuit, elque proprie dominatur quldam fuo tempore Papa. 
 
 SECT. JII. 
 
 'ithcLaws c/"Aftolphus, a)id his Death. 
 
 ASfOLPHUS notwithflanding thefe Loffes and Difcouragements, turn'd his 
 Thoughts towards the Prefervation of his Kingdom ; for this end he made 
 new Laws, adding them to thofe of his Predeceflbrs, which he chang'd and alter'd 
 as the Circumfbinces of the Times requir'd ; therefore in the fifth Year of his Reign, 
 having affembled in Pan)ia from diverfe Parts the chief Lords and Magiftrates of his 
 Kingdom, after the Example of his Predeceffors, he publifh'd an Edidl by which he 
 eflablifh'd many Laws. We have likewife this Edidl of Afiolphus in the Code of the 
 Monaftery of the Cave intire, which contains Twenty-two Chapters ; the firfl begins, 
 Donationes ilia, qux faSlx funt a Rachi Rege, y 1'aJ]ia conjure ; the lafl has for 
 Title, Si quis in fervitium cujufcunque pro bona voluntate introierit. The Compiler 
 of the Longobard Laws inferted fome of thefe Laws in thofe Books : we read of 
 three of them in the Firfl Book; one under the Title De Scandalis ; another under 
 the Title De Exercitalibus ; and another under this De Jure Mulierum : Fifteen in 
 the Second Book, one under the fourth Title ; another under that De Succeffiontbus ; 
 another under the Title De Ultimis iiolunt. Another under Tit. 20.; two under 
 the Title De ManuiKtjJlonibiis ; two other under that De Prtxfcriptionibus ; and fcven 
 under the Title ^.aliter quis fe defendere deb. And in the Third Book we alfb read 
 one under Tit. 10. which is the lafl of the Longobard Kings; for Dcfidcrius his 
 Succcffor, in whom the Kingdom was cxtinguifh o, and conqucr'd by the French, 
 
 A a a a being
 
 i66 
 
 The Civil H i s t o r. v 0/ 
 
 Book V 
 
 being employ 'd in more troubleforae Affairs, could not provide the Kingdom, which 
 he was unfortunately to relinquifh, with other Laws. 
 
 BUT whilft this Prince, by cruel Neceffity having furrendered the Exarchate, 
 and fo many other Cities, was altogether intent on contriving new Ways whereby 
 to revenge himfclf of the OppreiTion of the French, and to renew the War ; he went 
 one Day°a Hunting, and v. as aflaulted by a wild Boar, or, as others relate, fell acci- 
 dentally from his Horfe, or, as Ercbenipertus fays ', was ftruck with a Dart j but 
 however that may be, the Cafe was lo fatal to him, that in a few Days he died 
 without Ifliie, leaving the Kingdom in the Year -56, full of Calamities and 
 Jealoufies. 
 
 • Erchemp. p. 6. Aftulphus poll hic, in venatlone. Sagltta percuiTus, mortuus eft. 
 
 CHAP. III. 
 
 The Neapolitan T)i(hdom, Calabria, Brutium, mid fome other 
 Maritime Cities of thefe our T^rovinces, co72tinue in their AUe- 
 giame to the Emperor Conftantine, nud Leo his Son. 
 
 OTWITHSTANDING the great Blow which the Emperors of 
 the Eaft had got in Itnly^ the Neapolitan Dukedom, which at this 
 Time had extended itfelf beyond its Limits, comprehending likewife 
 Aiiialpbis ; the Dukedom ofGaeta, almoft all Calabria and Brutium -, 
 continu'd ftedfaft in its Allegiance to its ancient Princes, andaJtho'the 
 Exarchate was loft, and all that was fubje(5t to the Greek Empire in 
 Italy, yet the Emperors of the Eaft continued to have Dominion in thefe our 
 Provinces. The Neapolitans remain'd under the Command of their Dukes, who 
 were likewife call'd Mafters of the Soldiers, a Title given the Dukes under the 
 Emperors of the Eaft '. This was a Greek Magiftrate, who was fent from Confian- 
 tinopk. 'theodore was iuch in this Century in the Year 7 1 7, who left a Monument 
 of himfelf in this City, being laid to be the Founder of the Church of SS. Peter and 
 Paul, now demolifh'd, as was read on a Stone which was formerly there, and now 
 in the Church of Donnaromata. Exhilaratus bore the fame Office in Naples ; as 
 alfodid about this Time, after the Death o? Afiolpbus, Stephen, who govern'd this 
 Dukedom twelve Years, and after his Wife's Death, was likewife made Bidiop of 
 this City. 
 
 WHILST Stephen govern'd Naples in the Quality of Duke, the Emperor 
 Conftanttne, as is laid, call'd a Council in the Year 753, in Conflantinople, of 
 338 Bifhops, in which Council they made a Decree againft the Worfhip of Images ; 
 Coiijiantiiie and Leo his Son, who was affociated with him in the Empire, by means of 
 their Edids fupported the Decree, and likewife employ 'd Force in making it to be 
 obferv'd over all the Eaft ; they alfb attempted to have it put in Execution in th© 
 Weft, whence arofethofe Difbrdersand Revolts which we have fcen ; by which the 
 Contentions became more fierce, and the Enmity betwixt the Popes and the Em- 
 
 ' P. Caiac.de Sacr. Neap. Moiium. cap. ;o. §. 2. See Pcllcgrinus on thefe Mafters of the Sol- 
 diers, hift. Long, par- i.l.i p. ^i. Ab. deNocein noris ad Chr. Caffin. 1. 2. c. fS Mon. lop. 
 
 perors
 
 Book V. the K i n c d o m 0/ N A P L H S. 167 
 
 perors of the EalT: was the more cxafperated : In this Year 757, Pope Stephen dvin£; 
 was fiicceeded by Paul. He was no lefs hated than his Frcdecenbrs had been b\r 
 the Emperors of the Eafl:, who endeavour 'd to get the Decree of this Council like- 
 wife to be obey'd in the Dukedom of Naples, and all the other Places which had con- 
 tinued fledfift in their Allegiance to them. 'I'he Neapolitans^ tho' averfe to its beintr 
 put in Execution, as being more addicted to the Worfliip of Images than any other 
 People of Jfaly ^ neverthelcfs, that they might not be charg'd with Dilobedience 
 were careful in all other Things to fliew their Refpect, and exadl Adherence to the 
 \\ ill and Authority of their Sovereigns ; infomuch, that their Bifhnp Calviis dying 
 at this Time, and Paul a great Friend and Intimate of the Pope's bein^ ordain'd 
 Bidiop of Naples by him, the Emperor excepted againft him as an Adherent of the 
 Pope's, forbidding him to be receiv'd into that Church, as one that had rendered all 
 his Defigns of having the Decree of the Council of Conftaiitinople receiv'd in Naples 
 abortive. In this the Neapolitans adhered to the Will of the limpcror and the 
 Greeks, and ftopp'd Paul from going to Ronje to be coniecrated by the Pope: Nine 
 Months after, Paul went privately to Rome, where the Pope immediately conic- 
 crated him ; but being returned to Naples, as "Joannes Biaconns in his Chronicle of 
 the Bifhops of this City, relates, the Neapolitans would not receive him into the City, 
 but having call'd a Council amongffc themlelves, they ordered him to go to the 
 Church of S. Jannanns, not far from the City, where he remain'd for the Space of 2 
 Years ; in the mean Time the Clergy as well as the People generally obey'd him, and 
 own'd him as their Pallor, and he difpos'd of all Alattcrs relating to the Church 
 without any Controul, and pcrform'd all the Epifcopal Funftions. At laft the 
 Nobles perceiving that by the Ablence of their {o worthy Paftor, the City lan- 
 guifh'd, refolv'd to bring him into it, and with much Rejoycing and Solemnity went 
 to receive him, and put him in PolTeflion of his Bifhoprick, who govern'd this 
 Church for other two Years, and died. They excus'd themfelves to the Emperor, 
 by allcdging, that they could no longer bear the Vacancy of their Church. 
 
 BY the Death o? Paul, the Neapolitans in the Year 746, eledted the laid Duke 
 iS'rc;)Z'f« for their Bifhop ; whoaltho' he waselededBifliop, did not quit the Dukedom, 
 but govern'd it together with his Son Cefarius, whom he had made his Collegue. 
 Cefarius died before his Father, fo that Stephen govern'd it alone until the Year 791, 
 in which he died. 'Theophiladits fuccceded him in the Dukedom. He was his Son-in- 
 Law, having marry 'd his Daughter Ettpraffia. Antiniius ' fucceeded to I'beophiladus 
 in the End of this Century, of whom 'tis faid, that during his Confulfhip he built 
 the Church of S. Paul the Apoftle in Naples, and the Monaftery of SS. ^nricus and 
 Julitta. Thefe were the Dukes who govern'd the Neapolitan Dukedom in this 
 eighth Century for the Emperors of the Eaft, to whom it was fubjed:. They were 
 likewife call'd Confuls. But how the Dukes o( Naples came to be call'd Confuls, 
 none of our Writers, fo far as I know, have had the CurioGty to inquire into the 
 Reafon of it. 
 
 THE Title of Conful, which was had in fo great Efteem by \hc Roman Emperors, 
 and afterwards by thofe of the Eaft, and v.hich they look'd upon as an Honour to 
 themfelves, about the latter End of the Greek Empire, was at laft altogether flighted 
 by them and left off. What made them lay it afide was, becaufe they law the 
 Princes, whom they reputed Barbarians and Ufurpers of the Empire, make ufe of it. 
 Charles the Great, to fhew that he fucceeded to all the Rights and Privileges of the 
 ancient Emperors of the Weft, amongft his other Titles affum'd this to himfelf j the 
 other French Emperors his Succeftbrs did the fame : After their Example the Italian 
 Emperors Berengarius Duke of Friuli, and Guido Duke of Spoletiiiru took it like- 
 wife '. In fine, even the Saracens after they had conquer 'd Spain, in Imitation of 
 the Emperors ofConfiantinople, would likewile be call'd Confuls. Abderamus King 
 of the Saracens in Spain, who began to reign in Cordova in the Year 8:^r. Mahomet 
 his Son and Succeifor in the Kingdom, as the Works of S. Eulogius affure us ^, in 
 their Writs, mark'd not only the Years of their Empire, but likewife of their Conful- 
 fhip. But in the ninth Age of the Church, as the Emperors of the Eaft made other 
 honorary Confuls, fo the Saracen Kings not only call'd themfelves Confuls, but like- 
 
 ' Concerning Antimlus V. Cliioc dc Vefc 1 ' S- Eulog in Memoriali Sanftorum, lib 2.^ 
 Nap. pag. 78. I cap, i, 
 
 '■ p. Fagi de Confulib. pag. ^70. 1 
 
 f wife
 
 i68 
 
 The Civil History of 
 
 Book V. 
 
 wife the chief Magillrates of their Kingdom did the fame ' : Whence it came to pals, 
 that according to the Greek Vanity, which could not bear that fuch a Ipecious Title 
 Ihould be ufurp'd by foreign and barbarous Nations, the Emperors llightcd it {o 
 much, by giving it to their inferior Magiftrates, that at laft, as the moft accurate 
 Prfg;/ ^ proves, they left it off altogether about the Year 9 V-!; and oniy a Shadow 
 and Image of that Dignity and Title was continued in many of their Officers, and 
 was at lait attributed even to private Perfons. 
 
 TH E Sar.uens were wont to give this Title to their Sea Admirals, whence after- 
 wards it came to be given to thofe who had the Infpedion of the Marts and Sea- 
 Ports ; and Codinus 5, Pacbimeres *, and Grcgoras ' obfervc, that the Pifen and 
 yiiicouitnn Magiftrates, who ftay'd in ConJlmtiHople, were call'd Confuls. From 
 whence comes the Confulfl^.ip of the Sea ; and from whence in the Authors of the 
 later Ages, mentioned in the Glolfary of Dufrejiic, we fee it difperfed in Communi- 
 ties, amongft Judges and different Orders of Pcrfons, down to Tradefmen. It 
 ought not then to feem a new and ftrange Thing, if in this eighth Century, the 
 Title of Conful, peculiar to the Emperors, and formerly fo illuftrious and renown'd, 
 be given to the Dukes of Naples, who v/cre Officers of the Greek Empire, to which 
 this Dukedom was fubjedl. 
 
 ' Eulog. lib. 2. cap. 6. 
 
 * p. Pagi de Confulib. pag. 570. 
 
 ' Codin. cap- 7- num. 9. 
 
 '' Pachimeres, lib. 2. cap. ;2. 
 ' Gregoras, lib. 4. 
 
 CHAP. IV. 
 
 Of Defiderius the laji King of the Longobards. 
 
 Y the Death of ^Jiolphiis^ who left no IfTue, the Throne continu'd 
 vacant, becaufc Kachis his Brother, tho' alive, was become Monk. 
 Jiefidcrnis Duke of 'Tufcany, whom Afiolphus, befides his having that 
 Dukedom, had likewile made Conftable of the Kingdom, laid hold 
 of this Opportunity to get himlelfproclaim'd King, by the Votes of 
 his I'lifcdu Longobards. Kachts having heard this, wasiiH'd with In- 
 dignation, and gave way to fuch Extravagancy, that at any rate he would leave the 
 Monaftcry, renounce Monachilm, and return to his Kingdom ; there were not 
 wanting lome who encourag'd him in this Refolution, and endeavour'd to have it 
 take Ettcft : But Dcjidentis having recourle to Pope Stephen, to whom he offer d as 
 a Rccompcnce, if he would affift him at this Jundburc, Fuenza, Ancona, Secchia, 
 and Ferrara, Cities which had not been reftor'd by yiftdphus ; the Pope had fo much 
 Influence on Kc.chn^ that at laft he made him eaiy, and lay afide liis Relblution of 
 leaving the Monaftery ; and as a Reward for his ^Iediation, receiv'd from Dejlderiiis 
 thepromifed Cities j and after Defideriiis had been but a fhort Timcfix'd in his King- 
 dom, Stephen ended his Days the 26th of ylpri I of this Year 757. A Pope, to 
 whom the Church of Rome was much more beholden than to his Predcceflbrs ; he by 
 his Management had inlargcd it with fo many fine Cities and States, and left its Affairs 
 in fo prolperous a Condition, that his Succeffbrs did not fail to improve it, asPatil did 
 who fucceeded him, and after him another Stephen -, but yldrum much more, who 
 by Treaties which he made with Charles the Great, brought its Power to a yet liigher 
 Pitch, as we Ihall fee by-and-by. 
 
 DESIDEKIUS 
 t
 
 Book V. the Kingdom of N A P L E S. ^69 
 
 DESID ERIUS afcer he had rcign'd two Years, would fallow the Example of 
 his Predeccllbrs, in taking Adelgiftis his Son for ColleT le ; but it was not lone 
 before Pope Stephen III. or be it IV. who lucceedcd to Paul^ fufpeding his Pro- 
 ceedings and believing that all his Motions were in Prejudice of his Dominion* 
 the ulual Sulpicions, and the accuftom'd Jcaloufy arofc betwixt them ; At hifl: it 
 came to an open Rupture. King Defidcrius having caus'd the Archbifhoprick of 
 RjveuuLi to be co;Uerr'd on a certain Michael his Confident and Domeftick, Stephen 
 drove him irom that See. The King out of Revenge order'd the Eyes of Chrifio- 
 pbanus and Sergius, who had been fent by the Pope to Pavia, to demand the 
 Eftates which bclong'd to the Church of Kov/c, to be put out ; and forcieeino" 
 where thcle Difputes would end, fought to make a ftrift Alliance with the l;:}:rh 
 that they might not fo readily give Ear to the continual Sollicitations of the Popes ; 
 At this Time Pepin was already dead, and his Sons Charles and Carlniiian had divided 
 the Kingdom betwixt them ; who, tho' they agreed well enough at firft, yet after- 
 wards became more jealous of one another. Defiderius reckon'd it would be a 
 Security for him to enter into Affinity with thefe two Princes, by offering them his 
 two Daughters in Marriage. Stephen having underftood this, immediately wrote a 
 very pithy Letter to Charles and Carloman, in order to diffuade them from thefe 
 Marriages, threatning if they confented, Anathematis 'vinculum^ & ctterm cum dtabolo 
 incendii pxnam '. But in Ipite of all he could do, they happily married the two 
 Sifters, both Daughters of King Df/?i/mz,'j, who underftood ib well how to gain 
 Bertr.ida the Mother of CZ'^r/ff and Carlonian, that by her Perluafion the Marriages were 
 concluded. The Dilpleafure of the Pope was no leis than the Pleafure oi Deftderius, 
 who believ'd that by thefe Means he had put a ftop to his getting Affiftance. But this 
 Alliance did not continue long, for there were not wanting Means to bring it about, 
 that Charles fhould divorce the Princels his Spoule, under pretence of having found 
 out an Infirmity in her, which made her uncapable of having Children ; neither 
 was there wanting the Affiftance and Authority of the Laws to fupport fo ftrange a 
 Fadl, there being many Bifhops ready to declare the Marriage null, and to allow 
 Charles the Year following to marry Jldegarda of Suevia. King Def.deriits was 
 greatly incens'd at this Divorce, and the Death of Carlo/nan happening fbon after, 
 Qiiecn Bert a being left a Widow with two Sons, and afraid that fhe was not lafe in 
 France, and that Charles might take an Opportunity of deftroying his Nephews, as 
 he had robb'd them of the Kingdom, went raflily and put herfelf and her two Sons 
 under the Protedtion of Dfy?i/ov7/j her Father, who willingly took hold of this Op- 
 portunity, in order to be able fome Time or other to revenge himfelf upon Charles^ 
 for having a little before fent him back his Daughter. 
 
 DESJDEKIUS, having the Sons o£ Carloinan \n his Hands, endeavour'd to 
 form a powerful Party, and to divide and difconcert France, that being taken up 
 with its own Misfortunes, it might not be in a Condition to mind the AiFairs of 
 Italy. In the mean time Stephen dying, Adrian I. was eledled in the Year 772, who 
 in the Beginning of his Pontificate treated of a Peace with Dejiderius ; and they 
 agreed betwixt themfelves not to difturb one another ; therefore Dejiderius believin"- 
 that thii new Pope w ould be of different Sentiments from his Predeceflbrs, thought 
 for the more eafily attaining his Ends, to pcrfuade him to conlecrate the two Sons 
 oiCarloman Kings ; he left no Stone unturn'd, both by Prayers and Promifes to 
 oblige him to ^come and anoint the two young Princes, and to get them to be ac- 
 knowledged Kings ofAuftrafia. After the Example of Pepin and his Sons, the 
 Ceremony of Anointing had by Degrees been introduc'd amongft Chriftian Princes, 
 which by the People was reputed a Mark and Token of Principality i and that thole 
 who had been anointed, ought to be acknowledg'd for juft and lawful Kings, and 
 by all own'd as fuch. But Adrian, who inwardly was harbouring the fame Maxims 
 with his PredecefTors, and was no lefs fufpicious of the Power of the Longobards in 
 Italy, would by no means difguft King Charles, but was always Proof againft the 
 continual Inftigations of Defiderhis ; therefore he being much offended, and at laft 
 lofmg all Patience, believing that he fhould be able to obtain by Force, what he 
 had not fucceeded in by Intreaties, invaded the Exarchate, and in an inftant having 
 taken Fe.rara, Comachto, and Faenza, defign'd to lay Siege to Ravenna. Adrian 
 did not fail to fmooth him by his Legates, and to endeavour to get Rcftitution by 
 
 ' Tom. 6. Cone. col. 1717. 
 
 Bbbb their
 
 270 The Civil History gJ Booli V . 
 
 their Means, of the Cities ; neither would Defidcr'nis have been obi^inate in rcFufinf; 
 to do it, provided that the Pope would ha\e come himlelf, with whom he was dcfiroii* 
 to Ipeak, and treat of a Peace. But Adricw rejeding the Invitation, and a.\\ 
 Treaties, was obftinately relblvd never to appear before him, until fiift he had got 
 Reftitution of the Cities he had feiz'd. Thus by Degrees the Popes began to denv 
 that Relpecl and Honour to the Kings o^ Italy ^ which formerly their PredecefTors 
 vouchfafed to beftow upon them. Dejidentis being more provok d at this haughty 
 Proceeding oi Adrian, immediately commanded his Army to march into Pentapoh's, 
 where he ravag'd SinigagUa, Lrl/iiw, and many other Cities of the Patrimonv of 
 St. Peter, even to the Neighbourhood of Rome. This was what ha'lcn'd the fatal 
 Ruin of the Longobards ; for Adrian did not fiil to ha\'e his recoudc to France, and 
 liot only to demand Affiftance from Charles, but al(o to invite that Prince to come 
 and conquer Italy ; and becaufe the Longobards had ftopp'd all the PafTages by Land, 
 he lent a Legate by Sea to urge his coming. 
 
 O N the other hand, Dejideriiis did not fail, as ibon as he was advis'd of this 
 recourfe, to fhew King Charles the Inclination, which, he iaid, he had always had to 
 live in Peace with Adrian, complaining gricvouHy of his Obftinacy, that he having 
 ofFer'd him Peace, and defu'd to fpeak with him, the Pope refus'd to comply ; and 
 befides he did not negle<5l by his Letters to fundry Princes, and publick Mani- 
 fefto's, to defend himfelf againft the Accufktions o^ Adrian, who had reprefented 
 him to the French as the Deftroyer of I'ufcany, as barbarous, inhumane, fierce, 
 cruel i and accufed him as guilty of many Crimes : So that in order to purge himfelf 
 of theJe Accufations, Defideritts found it nccelTIiry to lend Ambafladors into France 
 to Charles, to affure him that he had iettled Peace with the Pope, and given him 
 back all that he could pretend to. 
 
 BUT Charles, who wanted nothing more than ib fiir an Opportunity of reveng- 
 ing himfelf upon Defiderins, who by keeping his Nephews, did all he could to divide 
 his Kingdom, and who could not cxpedl to have a better Occafion of driving the 
 Longobards out of Italy, receiv'd the Invitation made by Adrian with incredible 
 Satisfadtion. He was at this Time (on account of the fo many Victories which he 
 had gain'd in Aqnitain, and \n Saxony J famous and formidable in T'hiowv'ille on the 
 Banks of the Mo/^//^; there he receiv'd the Pope's Legate, and withal gave Audi- 
 ence to the Ambafladors of Defiderins, of whom he loon rid himicif, by lending 
 them back without concluding any thing : He accepted of the Pope's Propofal with 
 much pleafure, and immediately putting himfelf at the Head of a powerful Army, 
 forced his Paflage over the Alps at two different Places, by cutting in pieces the 
 Longobards that oppos'd him. 
 
 DESIDEKIUS on the other hand made hafte himfelf in Perlbn with his Army 
 to ftop him ; but being met by Charles, the main Body of his Army was 
 defeated, and forc'd to retire, whereupon he refolv'd to defend himfelf in Pavia, in 
 which he Ihut himfelf up. Charles immediately laid dole Siege to it ; and in the mean 
 time with a Part of his Army aflaulted Verona, into which City Adalgi/iis had retir'd 
 in order to defend it, together with Berra and her two Sons. When this Prince 
 law himfelf ftraiten'd, defpairing of his Father's Condition, and of being able to 
 defend the Place, he chofe to leave it and fly, rather than to fall into the Hands of 
 Charles, and after having wander'd up and down for a long Time, feeing at lafl:, 
 that all was loft to the Lcngobards, he made his Elcape by Sea to Ccnjiantinopley 
 whe<-c he was receiv'd by the Emperor Leo, Son of Copronitnns, with much Satis- 
 fadion, and entertain'd by him- As foon as the People of Verona iav/ Adalgifns 
 leave the Place, they lurrender'd to Charles, who taking Berta and her two Sons, 
 lent them immediately to France, and it was never known what became of thele two 
 unhappy Princes afterwards. All the other Cities of the Longobards being fub\'crtcd 
 by the Means and Contrivance of the Pope, yielded ofthemlelvcs to Charles. Pavia 
 only held out, which being defended by Defiderins, continn'd ftill in its Allegiance. 
 
 CIIAKLE S having laid clofe Siege to Panjia, would go to Koine to keep the 
 Feaft of Eafter ; the Excefs of Gladnefs which Adrian difcover'd, the Honours 
 which were done him by the Romans and the Clergy, every Thing being direded by 
 the Pope, were incredible. He was proclaim'd King of France and of the Longo- 
 bards at the fame Time, and a Patrician oi Rome, being met a Mile without the Gates 
 ciRome, and receiv'd by all the Nobility and Magiftrates, and by the Clergy in their 
 feveral Orders, carrying Crofles, and finging Hymns. After the Rejoicings and 
 
 leafting 
 t
 
 Rook V. the K i ;ni g d o m of N A P L E S. 27 1 
 
 Fcafting they came to the main Point, Charles was required by the Pope to confirm 
 the Donations which Pepin his Father had made to the Church of Rome ■ which 
 he did moft frankly, and with a good Will, caufing Etcrir.s his Notary to draw no a 
 new Inftrument of Confirmation, fubfcrib'd by himfelf, by all the Bifliops and Ab- 
 bots, by the Dukes and Great Men that had come along with him, Si'per Altare 
 B. Petri ■.nanv propria pofiiit, according to Ollienfis '. 
 
 ANAS^ASWS niRUOrilECAKiUS, as is ftid, magnifies this Donation 
 oi Charles very much ; and to the Exarchate of Ravenna and Pciitapo/iSy headd< tht: 
 llland of Ccrfica, all that large Country which from Lima ftretching alonr^ into 
 Sorano and Moiite Bordoiic^ comprehends Vcrcetri^ Par;m, B^e^gio, Mantua^ and 
 Monfelice; the Provinces oWenice and IJiria ; and the Dukedom of Bcueventu;,/ and 
 Spnletium. The Chronicle of the Monaftery of St. Clement relates, that Charles 
 added to the Donation of Pepin only thefe two Dukedoms. Sig-onim afterwards 
 and other more modern \\r iters, are not fatisfy'd with that, they^add the Sabinian 
 Territory, fituated betwixt Umbria and Latium^ part of ^tifcany and likewife of 
 Campania. Peter de Marea % which is wonderful, who alio writes like the 
 vain-glorious French., who fo much magnify this Donation, in order to cry up the 
 French Generofity, adds all Campania, and with it the City o( Naples, Apnitiuii? 
 and alfo Pu^lia; pointing by that at the Origin of our Papal Invcftiture. Others 
 add to thefe Saxony likewile, at this Time lubdued by Charles ^ moreover that healfb 
 gave away Provinces which were not his own, and which he never acquir'd to wit 
 Sardinia and Sicily ; and that of all thefe Provinces and Dukedoms, he only referv'd 
 the Sovereignty to himleif But neither the ancient Annals of France, nor "the Series 
 of fublcquent blatters, nor the Archives of the Vatican have ever been able to fliew us 
 the Inftrument of this Donation, on which many others of lefs Confequence depend • 
 which is a Demoftration that all thefe Relations are fabulous, and that Charles did 
 no more than confirm Pepin's Donation of the Exarchate and Pentapolis. Yet fome 
 as^ain have written, that he likewife augmented it, becaufe he ma-de many Places of 
 the Exarchate and Pentapolis which were poflefs'd by the Longohards, too-ether with 
 the Patrimonies which the Church of Rome had in the Dukedoms of Spoletiim and 
 Benenjcntum, in I'tifcany, Campania, and elfewhere, which were likewife pofTefs'd by 
 the Longobards, to be reftor'd. And in this Senfe Paulas A:milius ', and other 
 Authors have faid, that Charles not only confirm'd the Gifts of Pf/)/;/ his Father 
 but likewife augmented them ; of which the Hiftory of Things that fell out after- 
 wards is a convincing Proof j for Charles under the Name of the Kingdom of Italy 
 pcifefs'd Ltgiiria, Corjica, JSmilia, the Provinces of Venice, and of the Alpes Cottitie 
 Piewont, and the Genmiefe Country, which he had taken from the Longobards, and 
 added to his own Dominions; neither do we read that this Part of Italy had ever 
 been in the PofTefTion of the Popes. 
 
 THIS will more evidently appear when we find that thefe three famous Duke- 
 doms of Frtult, Spoktinm, and our Beneventum were never in the PofTeflion of the 
 Popes ; as fhall be clearly fhewn in the following Book of this Hiflory, to wit that 
 thcle three Dukedoms had their own Dukes ; neither did Charles pretend to any 
 'filing in them, but that Sovereignty which the Longobard Kings his PredecefTors 
 had had ; but our Dukes of Beneventiim threw off the Yoke altogether by denying 
 any Allegiance to him, and liv'd free and independant ; and it was very many Years 
 after, that the City of Benevcntum was exchang'd with the Church of Batnhergy 
 and given to the See of Rome, but not the Dukedom, which was always pofTefs'd by 
 our Princes. 
 
 FRO M Charles's having caus'd the Patrimonies which the Church of Rotne 
 poffefs'd in the Alpes Cottix, the Dukedom of Spoletium and Bcneventitm to be 
 refiror'd, arofe the Miflake of thofe Writers, who by confounding the Alpes Cottix 
 with the Province, the Patrimony of Beneventum with the Dukedom, have written 
 that Charles gave thefe Dukedoms and that Province to St. Peter: So that what wc 
 read in S. Adrians Letters concerning the Dukedoms of Spoletium and Beneventtim 
 being given to St. Peter, ought to be underftood of nothing elfe but thefe Patri- 
 monies ; as when the Emperor Lewis the Pious, Otho III. and the other Otho, King 
 of Germany, confirm'd the Beneventaji, Salernitan, and Neapolitan Patrimonies, 
 
 • Oftlen. lib. I. cap. 12. 1 cap. 10. num. f. 
 
 * p. de Marca dc CoiicorJ. Sac. 8c Imp. lib. ;. ' ^ P. IZmW. rcr. Franc, pag. 18. 
 
 to
 
 17 i ^he Civil History of Book V. 
 
 to Pafcbal I. and John XXII. as alfo the Emperor Henry IV. did to Pi>fchc.l II. 
 they meant nothing elfe but thele Lands and PoUenions, which the Roman Church, 
 as the Patrimony of St. Peter, poflels'd in thcfe our Provinces, which our ancienr 
 Writers call'd Jufiitias Ecclejix '. Tljerefore only the Exarchate of Ravenna^ 
 Peiitapolis, and Ibme other Places of the Rotnau Dukedom, became fubjed to the 
 Dominion of the Church o( Rome, Charles rdevxing the Sovereignty to himfelfi 
 but in Rome itfelf, and the Roman Dukedom, there were in thefe Times Veftiges re- 
 maining of the Dominion of the Emperors of theEaft, wlio, weak as they were, kept 
 always their Officers there, and were likewiie acknowlcdg'd as Sovereigns until tht 
 Time of Leo III. the SuccelTor of Adrian, that the People of Rome put themfelves 
 imdtr the Allegiance and Subjedion of King Charles, whom thev raifcd from a 
 Patrician to be Roman Emperor. I do not mention the Illands of Sic/ly and Say- 
 dinta, which were never conquer'd by Charles, but were long in the PolTelTion of the 
 Greek Emperors, till the Saracens robb'd them of them. 
 
 CHARLES then having thus fatisfy'd the Pope and the Romans, return'd 
 to the Camp before Pavia : Having notliing more to do but to reduce this City under 
 his Obedience, he employ'd all his Power in order to make himfelf Mafter of ir, 
 becaufe it being the chief City of the Kingdom, and once in his Hands, the Lon^o- 
 lards would give over all Hopes of getting Footing again in the loft Cities. There- 
 fore he befieg'd it more clofefly, flopping all the PalHigcs by which it could expecfc 
 Relief Dcjiderius held it out to the utmoft Extremity, the People being not only 
 afflifted with Famine, but alfo with the Plague, which itili confum'd them ; at lalt 
 in the Year 774, he was forc'd to furrender the Place, himlclf, his Wife and 
 Children, to the Difcretion of Charles, who fent them all to France, where they 
 ended their Days in Corbie, never after having been heard of Thus in one Cam- 
 paign Charles made himfelf Mafter of the greateft Part of Italy, but not of thefe 
 Provinces of which our Kingdom is now compos'd, nor of the Dukedoms of Bene- 
 'ventiim and Naples, nor of the other Cities of Calabria and Brutmni, which remain'd 
 long under the Dominion of the Emperors of the Eaft, as we ihall Ike in the follow- 
 ing Book. 
 
 THUS the Popes began to transfer Kingdoms from one People to another ^ 
 whence it came to pafs, that the fame Footfteps being more cunningly and dcxtroufly 
 follow 'd by their Succeflbrs, they became terrible to Princes, who in order to have 
 them for their Friends, little minding the Sovereignty of their Dominions, and their 
 own Dignity, fubjedcd themfelves to them io as to become their ValTals, and Tri- 
 butaries to that See. Thus likewiie ended the Kingdom of the Longobards in Italy j, 
 a Kingdom, tho' in its Beginning rude and unpolifli'd, yet afterwards it became fo 
 mild and civiliz'd, that for the Space of Two hundred Years that it lifted, it was 
 envied by all other Nations. Italy being once accuftom'd to the Government of 
 the Longohard Kings, did not look upon them any more as Strangers, but as its own 
 natural Princes ; for they had no other Kingdoms or Dominions in any other Part 
 of the World, but /Tfl/y was now become their own Country j for which Realbn i^ 
 could not be laid to be in Slavery, and ruled by a foreign Nation, as it was after- 
 wards, when, by deplorable and frequent Changes, it was fubjcded to various 
 Nations, and groan'd long under the heavy Yoke of Bondage. It was truly a 
 wonderful Thing, fays Paul IVarnefride -, and alio the Abbot of N'efpcr^, that in 
 the Kingdom of the Longobards there was no Violence committed, no Trealbn 
 liatch'd, no Body unjuftly dilpolTefs'd, none opprefs'd with Taxes ; there were na 
 Robberies, no Theft, every Body went whither he pleafed moft lecure. The 
 Popes, and efpecially Adrian, who could not abide to fee them in Italy, as being a 
 
 ' In the Charter of Confirmation, made by 
 Otho- the Great to the Pope in the Year 562, 
 related by Earoiiiiis An. 962. num. ;. we read 
 exprcfly thefe Words : Sicuti, 8c Patrimonium 
 Bcncveiitanum, & Patrimonium Neapolitanuiii, 
 fe Patrimonium Calabrice fuperioris, Si inte- 
 rioris, de Civitatc autem Neapolitana cum cal- 
 tellis, & territoriis &: finlbus, Scinfulis luis fibl 
 pertcncntibus, ficut ad cafdcm rcfpiccre vidcn- 
 tur : Ncc non Patrimonium SIcilii, 11 IJeus 
 noftris illuJ tradiderit manibus ; limili modo 
 civatem Cajetam, & Fundum cum omnibus 
 
 corum pertincntlis, &c. Blniusin notisad Con. 
 Lateran. An. 1112. torn, 7. Concil. par. 1. f'ol. 
 $■44., relates i'uch another Precept of the Em- 
 peror Henry IV. made to Pafcbal II. wlierein 
 we likewife read ; Jurejuramlo firmavit de 
 Apoftolici ipfius vfra, & honore de Membris, 
 de Mala Captione, de Rcgalibus ; etiam Patri- 
 moniis B- I'etri, &: numinarim de Apulia, 
 Calabria, SIcilia, Capuanoque principatu fadis 
 Sacramentis. 
 
 ^ p. Warncf. hift. Long. lib. 9. cap. 8. 
 
 People 
 t
 
 Book V. /Z>t' K I N G D o M 0/ N A P L E Si ly^ 
 
 People who endeavour 'd to break all their Mcafures, defcrib'd them to the World 
 as cruel, inhumane, and barbarous ; whence it was, that amonj^ft the People and 
 Writers of the following Century, they got the Name of unci\ili/.'d and cruel. But 
 their very prudent and juft Laws, which confuming Time hath left us, are fufficient 
 Documents of their Humanity, Jufticc, and ci\Ml Prudence. Jt hath far'd with them 
 as it did with the Romdii Laws, that tho' the Einpire was ruin'd, yet their Authority 
 and Force were the fame in the new Dominions which were eftablifh'd in Europe; 
 even fo, tho' the Kingdom of the Lougobards was at an End, \ct tlieir Laws re- 
 main'd in Force in Italy. 
 
 CHAP. V. 
 
 Although the Longobards 'were expelld Italy, yet their Laws were 
 prefervd in it. Their 'Jujlice and fVifdom. 
 
 L T H O ' the Laws of the Longobards came fhort of the R oman^ yet if 
 we fhould put them into the Ballanee with thofe of other Nations, 
 which fince the Fall of the Empire have had Dominion in Europe^ they 
 will be found to excel them all, if we confider either the Utility and 
 Jufticeof them, the prudent Methods they took to eftabliOi them, or 
 the Judgment of the moft gra^'e and prudent Writers who have com- 
 mended them. The Methods they took, and the great Prudence and Maturity 
 which their Kings pradiifed when they had a Mind to eftablifh them, deferve all 
 Praife and Commendation. They, as we have feen, firll conven'd the States of the 
 Kingdom, to wit, the Nobles and Magiftrates in Pavia ; the Ecclefiaftical State was 
 not known amongft them, neither had it Place in the publick Deliberations; as little 
 had the Commonalty, which as Cxfar faid, Ipeaking of the Gauls, Niilli adhibebattir 
 Cof/filio: There they maturely and diligently examiivd what was moft juft and pro- 
 fitable; and that being once eftablifh'd, was afterwards publifli'd bv their Kings in 
 their Edids. A Method, according to the Opinion of Hugo Grotnis ', perhaps 
 better than what the Koman Emperors themfelves took, whofe I-aws depending 
 folely on their Will, which was liable to be impos'd upon and byafsd, occafion'd 
 fo much Inconftancy and Alterations, that we fee 'Jufttnian alone, in one and the 
 very fame Thing, hasalter'd his Opinion and Judgment three or four times. It was a 
 Cuftom amongft the Longobards^ before they made Edicts for publifliing their Laws, 
 to examine and difcufs them by the States of the Kingdom ; by which they reap'd 
 many Advantages. Firft, that there was no Danger of their eftablifhing any Thing 
 that would prove hurtful to the Publick, when there were fb many Eyes, and lb man)- 
 prudent Men prcfcnt, from whom the Harm that might refult, could not be con- 
 ceafd. Secondly, That what was eltablifli'd by conmiou Coulent, was with a wil- 
 ling Mind obfeiVd by all. And laftly. That they were not fo liable to be alcer'd, but 
 when a moft urgent Caufcrequir'd it , as we have feen done by Rc/i?; /j's Succeflbrs, 
 \^\\o, fa^to pcriculo, and after long Experience, knowing feme of the Laws of their 
 Predeceftbrs to be a little harfh and fcvcrc, and not well adapted to their Times, 
 which were become more docile and civiliz'd, altered and chang'd them, with the 
 Ad\ ice of the States. Which wife and prudent Cuftom is hii^hly praifed and com- 
 
 ' Hug. Grot. In Prolcgom. ad Inft. Gof. 
 
 Cccc 
 
 nacnded
 
 274 ^^'^ Civil History of Book. V. 
 
 mended in the S-j;edes, a Noithern People, by that wife Lady Bngjd, to whom we 
 now pay the Honours which are only due to Saints. 
 
 IF then we will coiifider the Jufticc and L'tility, efpccially of thofe Laws which 
 are adapted to the Affairs and Bufincii of private Men, and their Security, luch as 
 Matrimony, Guardianfi-iip, Contracts, Alienations, TcRamcnts, the Succcirions to 
 thoic who die without making Wills, and the Security of Polfefnons ; we cannot but 
 reckon them both uieful and prudent. 
 
 IN the fecond Book of that Volume ', there are many provident Laws con- 
 cerning Matrimony which are admir'd. The WcU-dilpos'd was not to be join'd to 
 the Libertine, nor the Noble to the Ignoble ; whence the Widows of Kings, who 
 were of a Rank fuperior to all, did not match with any but thole of Royal Dignity. 
 But Jtiftiman took 'fhecdrra from the Stage, to the great Diflionour of Princely 
 Dignity. Thofe who were not born of lawful \vedlock, were not made Knights, 
 nor admitted into the Magiftracy, nor even to be Witnefles. Extravagant Gifts 
 betwixt Man and Wife were forbidden ; therefore moft wife was that Law oi Luit- 
 frandus^ which put a Stop to the Morning Gifts which the Husbands were wont to 
 give to their Wives the firft Morning after their Marriage, which the Longnbards 
 call'd MorgpMs^c.p ^ ; the Husbands frequently, being inflam'd with Love, and intic'd 
 with the Allurements of their new Spoules, were wont to give them all : Lintprandus * 
 prohibited fo great Extravagancy, and ordain'd that they (hould not exceed the fourth 
 Part of their Subftance. And from the Example related by Du Qvige, we fee, that 
 throughout the whole eleventh Century this Law was obferv'd. And i;s truly new 
 and fingular what the Abbot Poiitaiii relates in his Book againft P. GeriHouius, whii.h 
 he publilh'd from Private Memoirs in the Year 1162, that a certain Foko, ofCmi- 
 dale in Fritil.'y gave to his Wife Gcrlint all he had. Omnia fua propter p-etium in 
 maiie quando furrexit de le£io. Adulteries were feverely punifh'd. Marriages te- 
 twixt Kindred, according to the Prefcription, not only of the Civil but of the Canon 
 Laws, were prohibited ; and Luitprandus •* himfelf bears Witnefs, that hewasmov'd 
 likewife to forbid them by his Laws, ^lia, as he fays, Deo tefie. Papa arOis Komce, 
 qui in omni ?fiundo caput Ecclefianim Dei, U Sacerdottim efi, per fiiani Epijiolam nos 
 adhortatits eft, ut tale Conjuginm fieri nullatenus perniittereuius. 
 
 SOME are fcandaliz'd, that in this fecond Book of the Laws of the Longohards *, 
 Concubinage fhould be allowed, it being forbidden to liave at the fame Time a Wife 
 and a Concubine, as much as to have two Wives, all Polygamy being alio prohibited 
 amongfl the Longobards. But befides that this Law was made by the Emperor 
 Lothariiis, and not by any of the Longobard Kings ; this W^onder arifcs from the 
 not knowing that amongfl the Romans Concubinage was lawful *, and not only 
 tolerated, but allow'd, and therefore it was call'd Semiinatrimouiiirit, and the Con- 
 cubine was on that account call'd Semiconjtmx ' ; and the Man might lawfully have 
 for his Companion either a Wife or a Concubine, but not at the fame Time both a 
 W'ife and a Concubine, bccaufe that was reckon'd Polygamy, as much as the having 
 two Wives '. This Cuftom was likewife continu'd afterwards, when by the Means 
 of Confianrine the Great, the Empire had embrac'd our Religion, who tho' he put a 
 Reflraint upon Concubinage, yet he did not abolifh it ; and it was retain'd for 
 many Ages by the Chriftians of many Nations oi Europe ; of which among others, 
 a Council of Toledo makes us certain, where it was likewife enadled, that a Man, 
 whether he be of the Laity or of the Clergy, fliall content himfelf with one, either 
 a Wife or a Concubine, but not to keep them both at the fame time ». But tho' 
 the Latin Church afterwards forbad Prielf^s to marry, and confequently to keep Con- 
 cubines, yet feeing the Ecclefiafticks, becaufe of their Incontinency could not live 
 fmgle, they flill kept Concubines. In order to abolifh this Cuftom, their keeping 
 of them was feverely prohibited in feveral Councils ^ thefe Prohibitions had little 
 Effeft, and came to no account, fb little were they obferv'd ; and the Priefls could 
 by no means wean themfelves from this Pradlice, therefore the Prohibitions were 
 repeated : There was not a Council that met, which did not with fevere Threats 
 
 LL. Longob. in lib. 2. tit. 4, f, 6, 7, 8, 9. 
 
 Vide Grot, in Lexico. 
 ^ Luitprand. LL. Long. lib. 2. tit. 4. 
 ^ Luitpr. leg. 4. de proh. Nupt. 
 ' LL. Long. lib. 2. tit. I ;. 1.7. 
 
 4 
 
 " L. fi qua illuft. C ad S. C. Orf. 
 
 ' Cujac. in Parar. in Pand. rir. de Concub. 
 
 * V. Connan. 1. 8. commciic. Arnil". de Jur. 
 Connub. 
 
 * Gratian. in Decret. dirt. 54. cap. 4, & 5". 
 
 alwavs
 
 Book V. ^/7e K 1 N G D o M 0/ N A P L E S. 175 
 
 always urge the flime, hating Concubinage, and declaring openly that it was worfe 
 than Adultery, Incclt:, and more heinous than any other VicC : Whence in the 
 following Age, the Name of Concubinage, which formerly had been reputed lawful 
 became odious and horrible, as much as it is at this Day. In the Kingdom o( Italy, 
 not only under the Longobards, but likcwife when it came under the Lominion of 
 the Frencl', this Praftice Ibll continu'd. Concubinage was alio reputed lawful 
 amongft other Nations of Europe ; and Ciijncius teftifics, that likewiie in his Time, 
 it was kept up amongft the GafcoHs and other People near the Pyreueaii Mountains '. 
 In the Eaft Concubinage was prohibited by the No'vellx of BafJii'.s of Afacedou % 
 and of Leo ; but thefe had no Force in the Provinces of Europe, which had fhakcii 
 off the Yoke of the Empire, and obey'd their own Princes, independantly of the 
 Emperors of the Eaft j which would require to be treated of apart, but thus fir is 
 lufficient for our Purpofe. 
 
 THERE was prudent Provifion made concerning Guardianfhip ; the Pupils were 
 equally intrufted with the Kindred of the Father and of the Mother ; but the King 
 was the principal Tutor to noble Pupils ' : Whence proceeded the Law amongft us, 
 by which the King appointed the Guardians of Barons, and the Writs of Guardian- 
 fhip were taken from him. They likewi(e gave to Women a perpetual Tutor on account 
 of their W^eaknels, whom they call'd Mauditaldo, who was much the fame with that 
 Tutor among the ancient Romans, under whole Authority the Women were, of 
 what Age foever, and even tho' married ; whence it is, that to this Day in ibme 
 Places of our Kingdom there is Ibme Vcftige thereof remaining. 
 
 AS to Contrafts, Equity and Juftice was the main Scope, the Contradts of thofe 
 come to Age, which Age of Majority was compleat at eighteen Years, were very 
 firm, and not liable to Reftitution. Creditors and Buyers were fccure againft being 
 deceiv'd and deluded by tacit Hypothecs, or Mortgages, or by private Truftees ; 
 forafmuch as all Contradls, Sales, Pledges, and alfb Wills were executed in the 
 S'ght and Prefence of theMagiftrates, and in the View of the People. The Method 
 of fucceeding to thofe that died without making Wills was moft plain ; he that was 
 neareft of Kin, was the fame as the Heir, except only that the Children and their 
 Defendants were preferr'd to Parents. 
 
 LAW^ Suits, which amongft the Romans were very expenfive and troublefbme, 
 amongft the Longobards were loon determin'd, and not chargeable. 1 he Forward- 
 nefs of the Litigious was curb'd by Pledges and Sequeftrations. Nothing was more 
 cafy and expeditious for the Judges ; in Controverfies about Matters of Fad: the 
 Plaintiff carried his W^itneftes with him, and the Defendant his, and he gain'd the' 
 Caufe who had the greateft Number and Authority on his Side. In doubtful and 
 ambiguous Cafes, they had recourfe to the Sandity of Oaths, which were ad- 
 miniftred to the Defendant, but with great Caution ; that is to fay, he produc'd 
 Witneftcs of his good Fame, who gave Oath, andatteftcd his Probity and Religion, 
 and that they themfelves, without Icruple, would give Credit to his Oath •*. It was 
 leldom that there happen'd Queftions of Law, and if there did, they were decided, 
 not from the infinite Volumes of Interpreters, but from the plain and fimple Meaning 
 of their Laws, and the juft and realonablc Part of them. The Remedy againft 
 being difturb^d in Poffeflion was ready, and the Reftitution quick, the Judge going 
 to the Place to view the Damage, immediately gave Reparation. 
 
 I N taking Cognizance of Criminal Matters there were two Things wifely obferv'd. 
 The Violation of the Rights of Society, and of thofe of private Perfbns : For the laft, 
 there were two Pemlties appointed ; by the one the private Damage was repair'd, 
 which they call'd ll'cdrigeldmm, that is to fay, what was given by Retaliation; by 
 the other the Publick Peace was repair'd, which they on that account call'd Fedra, 
 and it was given to the King, or the Cummunity of any City. Hug^o Cretins ' com- 
 mends this Cuftom of their not (bedding the Blood of the People on flight Occafions, 
 but only for heinous and capital Crimes and Offences. The leifer Crimes were com- 
 pounded for Money, or the guilty Perfon was to be under Servitude to the Offended. 
 
 THE Eftates of condemn'd Perfons were fafe to their Children, and were not 
 liable to Confifcation. In criminal Cafes they admitted of no Appeals, which did 
 
 ' Cujac. loc. cit. Audio tamen euni retinere \ ^ Grot, in Prolegem ad hid. Got. 
 
 diflrirte Vafconss & Pyrenees. 
 
 ' Novel. Bafil Maced. apud Leund. Jur. Gr. 
 Rom lib. 2. num. 2. torn. 1. 
 
 '* V. Srruvium liift. Jur. Crimin. 
 
 ' Hug Grot, iti I'rolegom. ad hift. Got. 
 
 not
 
 27^ ^The Civil H i s i o r y of Book V- 
 
 not fnrprize Grotms^ bccaufc it ought to befo in other Cafes, {eeiiig that Equals were 
 conlcientiouily and gently judg''d in the Courts by their Peers. Whence came that 
 Law among us, that in Capital Cafes Barons could not be judg'd but by thofe whom 
 we call P^res Ciirice. 
 
 T H E Rites and Solemnities which they made ufe of in Manumiffions and Adop- 
 tions were conformable to their Manners, bold and warlike. Manumifiions, as 
 Paul JVarnefridc relates, were made fer Sagittc.iii, Adoptions per Anna, as Aliena- 
 tions were jier g;/fwe Feftiicxve coiijediicncm nijiiium ewptoris. 
 
 THAT ancient Culiom of the Longobards difpleas'd many, that in fomc doubtful 
 and ambiguous Cafes, and for heinous Offences, they committed the Decifion of 
 them to a fingle Combat, which they call'd a Duel. The Duel \sas truly a very ancient 
 Cuftom amongfl: the Longobards, which afterwards pafling into a Law, was for a 
 loner Time praftis'd, not only by them, but by many other Nations who learn'd it 
 from the Lono^obards. In effedl, their Hiftory is full of thefe Duels ; that o£ Adalul- 
 pbus was rernarkable, who had accus'd Queen Gundeberta of Adultery ', and failing 
 in the Proof, he, in order to be reveng'd of her, had recourle to Arioaldus her firlt 
 Husband, to whom he accus'd her falfly, that flic with Datus Duke of 'Tiifcany had 
 confpir'd againft his Life and Kingdom, which caus'd that unfortunate Princcfs to be 
 imprifon'd. At which Clotbartns King oi France, whole Kinfwoman fhe was, being 
 offended, he fent Ambafladors to Arruildus, prclTing him in the ftrongeft Terms to 
 fct her at Liberty ; to which the King aniwer'd, that he had moft juft Caufe to keep 
 her in Prifon ; and the Ambaffadors denying what he had laid to the Queen's 
 Charge, and urging that the Authors of fuch Falfhoods were Lyars ; at laft AuJoalduSy 
 one of them, defir'd the King to let the Doubt be decided by Duel. Caribertus 
 appear'd for the Queen, and the Impoftor Adaliilphtis for the King, the laft was 
 vanquifh'd, the Queen was fet at Liberty, and reftor'd to her former Honour. 
 This Manner of clearing one from an Imputation, was fo much commended amongft 
 all Nations, that Cnjacius "- fays, even amongft Chriftians, as well in Civil as Criminal 
 Cafes, the Duel was long pradtis'd, and our French Normans whilft they held this 
 Kingdom, frequently made ufe of it ; altho' by the Longobard Kings themfelves it 
 was reputed a cruel and unreafbnable Experiment ; yet thefe People being long 
 accuftom'd to fuch a Pradlice, and thinking it lefs mifchievous to allay the \\'rath 
 and Paflions of thofe bold Spirits, by committing the Affair to the Hazard of a few, 
 than to fee whole Families go together by the Ears, look'd not on this Practice as a 
 Grievance, but rather as neceffary to be kept up. Luitprandus was a moft prudent 
 Prince, and knew better Things, but after the Example oi Solon (who being ask'd if 
 he had given to the Athenians the beft Laws he could devife ; anfwer'd, the beft that 
 could be fuited to their Cuftoms) he in one of his Laws plainly declares his Thoughts, 
 laying, tho' he was uncertain of God's Approbation, and knew that many fuffer'd un- 
 juftly by Duels, Sed propter confiietitdinein gentis nojirx Longobardoriim legem tnipiam 
 •vetare non pojftmus '. The Chriftian Religion put a Stop to this Cuftom afterwards, 
 but has not been able to root it out altogether ; fo that the fame is ftill pradis'd to 
 this Day: The Defign of our Religion is to extirpate fuch bad Cuftoms, but we 
 refift, and hinder its taking Effedt. Afterwards Frederick II. and the Kings his 
 Succeffors,^ forbad it with us under £vere Penalties, and other Princes did the like. 
 
 THAT other Trial by red hot Irons, boyling or frozen W'ater •• likewife dif^ 
 pleas'd ; but that ought not to be imputed to the Longobards only, but to all other 
 Nations of ^zft-ope, and more to Chriftians than othei's, who retain'd it for a long 
 Time, and more obftinately ftuck to it ; forafmuch as they believ'd they had the 
 Cuftom from Mofes himfelf, who commanded a certain Potion to be given to 
 Women accus'd of Adultery, in order to know whether they were Guilty or Inno- 
 cent. It was not then to be wonder'd at, if the Longobards by carrying the Thing 
 further, eftablifti'd Laws concerning it, by which in determining Controvcrfies it 
 was appointed to make ufe of red hot Plough-Shares, or cold or boiling Water. 
 This Error was kept up by the Credulity and Stupidity of the People, who had 
 fuch Confidence in this Tryal, that they eafily ga\ e credit to all the fabulous Ac- 
 counts they met with in Hiftory, and took them for certain Truths. Strange and 
 
 ' Sigon. ad A. 6;2. 
 
 ^ Cujac. lib. I. de Feud. tit. i. §. Si autcm 
 controverfia : & lioc genere purgacionis diu uli 
 funt Chrifliani, tam in civilibus, quam in cri- 
 
 minalibus Caufis, re omni duello comnilffa. 
 ^ Lib. I. 1. 25. tic. 9. deHomlcId. liber. hom. 
 * Vide Struvium liift fur. Crimin. 
 
 wonderful
 
 Book V. the Kingdom of NAPLES. 277 
 
 wonderful Things were told, wjjich were not rcsliy true, but tlie VMcSts of Imngi-^ 
 nation, heated to th.it Degree, as made them fancy they faw People thrown iiita 
 the Fire without being burnt, and piang'd into a River without i^eing drown'd. 
 Famous is that Facl r.mongft Hiftorians of the innocent Countefs, which hanpen'd 
 during the Empire of 0/Z'o, who being falily accus'd by the limprefs, purg'd herfclf 
 by red hot Iron, which did not hurt her. But that other is much more famous and 
 remarkable, wiiich fell out in Flounce in the Tmc o£ y-flexmidc;- II. o£ Aldibran- 
 ciihii^, who in the Sight of all the People came lafe and found out of the Flames 
 whence he got the Name of PJetro Jgueo. It was not without reafon then that the 
 Lmperor Frederick amongft his military Laws, likewile order'd the Pradice of this 
 Proof in dubious Cafes, as Kadc-viciis and Cujr.cms teftify '. But afterwards when 
 the Uncertainty of it was more maturely confider'd, and that many innocent Pcrfons 
 lliffer'd greater Punifhmcnt than could have betn inflided upon them if they had 
 been legally convicted as Guilty j and that on the other hand the Guilty efcap'd 
 free, and that it was a bold tempting of Providence : at laft it was prohibited by 
 the Popes. And Cujjcms ' relates, that this Cuftom was left off and difus'd in 
 Lombardy before it was fo in any other Country. And with us it was likewifefor<^ot ; 
 and tho' the People of Ban retain'd tlic Longobard Laws, from which the Boo^ of 
 their Cuftoms was compil'd, yet they confels, that from the Time of King Roger 
 fuch a Cuftom had been quite left off: Ferri igniti, aqux fervent is, 'vel fngidx, aut 
 quod hbet judicium, quod'vulgo paribole mmcupatur, a nojiris cmibus pcnitus exnlauit K 
 
 THE Cuftom of makir.g Chriftians Prifoners, and taking a Ranlbm for their 
 Liberty, appear'd to Ibme to be bothfavagc and cruel, as was pradis'd by the Greeks on 
 the Citizens oiCroton and other Cities ; of which S. Gregory loudly complain'd. But 
 this Cuftom, as we have related in the foregoing Book, was at that Time indifferently 
 pradtis'd every where ; neither are there wanting Writers who maintain it asjuft. 
 
 FOR thefe Reafons we read in the moft grave Authors, that the Longobards were 
 commended above all other foreign Nations, for a wife and prudent People, and who 
 knew better than any other how to make Laws with ia much Judgment and Fore- 
 fight. Not to mention Grotius + who prais'd them fb much on that account, nor 
 Paul IVarnefride. Guuterus, who was Secretary to the Emperor Frederick I. and a 
 famous Poet in thofe Times, fings thus of the Longobards in his Ligurino. 
 
 Gens ajiuta, fagax, prudens, indufiria, folers, 
 Prouida confdio, legum, jurifque perita. 
 
 NEITHER is the Stile in which thefe Laws are written, fo infipid or unpo- 
 lifh'd, as our Writers have rcprefented it : They were judg'd by the incomparable 
 Grotius, a Subject well worthy of his Labour and bright Talents ; he was preparing a 
 Commentary on them, as alfb on all the Laws of the other Northern Nations ; but 
 being ftiatch'd from us by untimely Death, could not bring it to Perfedlion : yet he 
 left us an Index '■ of all the Nouns, Verbs, and other Vocables of the Longobards, 
 by which we may fee the many Miftakes our Writers have fallen into, who have 
 pretended to interpret them. And 'Jacobus Cujacius * in his Book of Fiefs, which 
 in a great meafure depend on thefe Laws, frequently fhews us many Words of them 
 which are reputed barbarous and unpolifh'd by moft Interpreters, who give them 
 another Meaning, to be either Greek or Latin, or depending by true Analogy on 
 thefe Languages ; fuch as the Word arga, which we meet with frequently in thefe 
 Laws, and which is reckon'd barbarous by them, and to fignify cornutus, as Maxilla 
 among others, in confuetud. De Bari ' explains it, but P. IVarnefride make it to fignify 
 
 ' Cujac lib. I. lie Feud, loc, cit. Tertlum 
 genus purgationis eft peilculum aqua ferventis, 
 vel frigida:, vel laminx condeiuis, quo eriam 
 diu uu funt Chriftiani, du£lo more, argu- 
 mento nelcio an bono, a porione ilia quam 
 ftupri infimulatis mulierlbui dari juflir Moles, 
 ■quod ufque eo procefTit, ut h leges Scriptx ju- 
 berenc adhlberi ignites vomcrcs, vel aquani 
 frigidam ; aut calidam lltium diiinicndarum 
 caufa, ut Longobardx Jacpe, &: militcs Fredcrjci 
 Imperatoris apud Radcvicum. 
 
 ' Cujac. loc. cir. QuoJ tamen prlmum om- 
 nium exolevic in Longobardia,. 
 
 ^ Confuet. Bar. Ruhr, de Immunic. §. Mo- 
 nomachia. 
 
 ■* Hug. Grot, in Prolegom. ad hift. Got. 
 
 ' VVc have this Index in Grotius his Hiftory 
 of tlie Goths. 
 
 * Cujac. de Feud. lib. i . tit. 2. 
 
 ' Maxilla In Confuet. Bar. rub. de Arga. 
 Iftud nomen Arga, eft Longobardorum, & 
 idem importat, quod vocare aliquemcornutum. 
 Vide Carol du Frclnc in Lcxic Latino barbar. 
 
 Dddd
 
 278 
 
 The C 1 V I L H I s T o R Y oj 
 
 Book V. 
 
 iuers, hieptus, Jfupidiis, and intitilis, and derives the Word from the Greek dfyk^ 
 whicli fit^nifies the fame according to Cujacius ', and he confirms it from the Autho- 
 rity of Did/i/.'!{s. And ajialium facere \\\\\c\\ we often meet with in thelc Books, 
 ficr'nifies nothing elfe but to deceive, and to fail in Duty, by not afTifting the Prince 
 or fellow Soldier in Time of Battel, when Afliftance is moft wanted, and they in 
 danger of their Lives. So likcwife to do a Thing afto miimo^ which we often read in 
 thcle Laws, is the fame as to do it anhno 'vafro. Pla/itus in Pccnttlo. 
 
 Mca foror itafttipida eft fine animo afto. 
 
 And Accius in Nonius : 
 
 Nifi ut afta ivgenium lingua laudem. 
 
 I,ikewife this other Word Strigx, which we meet with in thefe Laws in Feftus^ is 
 the fame with Maleficce-^ we find it alfo in Plautus in Pfeudolo, 
 
 Strigihus vivis convi'vis inteftinaque exedunt. 
 
 which the Longobards by the proper Word of their Nation likewife call'd Mafca^ and 
 w hich we now call Maga, or Strega. 
 
 THE Ule of the Talenone, as explain'd by Feftus, Vegetius, and Ifidorus is like- 
 wife clearly expounded by thefe Laws '. The ^alejione, as the Law declares, 
 was nothing elfe but a Beam pois'd upon a Fork of Wood, by which they drew 
 Water in Buckets from the Wells. 
 
 THE calling unmarried Women, Virgins in Hair, comes from the Cuftom of 
 the Romans, who diitinguifh'd the Virgins from thofe who were married, becaufe 
 thefe cover'd the Head, and the "Virgins went uncover 'd, and let their Hair be 
 
 feen. 
 
 GALEN believ'd that neither Horfes, nor any fourfooted Animal except 
 Dot^s, could ever become mad. On the contrary, Abfyrtus and Hierocks Mulomedici % 
 and likewife Porphirins, in Oppofition to his Opinion, wrote, that thefe likewile might 
 be mad. The Longohards in their Laws were of their Opinion, and rejeded that of 
 Galen as falfe. Many fuch other Veftiges of their Erudition appear in thefe and many 
 other Words of that kind, which to fome feem barbarous, altho' they be deriv'd 
 from the Greek and Latin Languages, and are fcatter'd up and down in thefe Books, 
 of which there's no need for making a longer Catalogue; every Body may fee and 
 obferve them in the Index which Grothis made of them, which we lately mention'd. 
 
 ' P. Warnefr. lib. 6. cap. 8. 
 
 ^ Cujac. loc. cit. 
 
 ^ LL Longob. Jib. 2. tit. de Homicid. liber, 
 liom. 1. z±. 
 
 * For the Mulomedici vide G. Gotofred. in 
 Cod. Til. fub tit. deCurfu Publico. 
 ' LL. Longobard. de Pauperie, lib. 2. 
 
 SECT. I. 
 
 ^he Laws of the Longobards retain' d lotig in the Dukedom o/'Bcncventuni, 
 and afterwards fpread over all the Provinces of which our Kingdom is vow 
 compos'd. 
 
 TH E Excellency of thefe Laws above all others of foreign Nations, and their 
 Juftice and Wifdom, may eafily be perceiv'd when we find, that tho' the Longo- 
 bards were driven out of the Kingdom of Italy, aiid fucceeded in it by the French^ 
 yet Charles King of France and Italy preferv'd them intire ; fo that he not only con- 
 firm'd them, but likewife to the Body of thefe added fome of his own, which alfo 
 
 as
 
 Book V. the Kingdom 0/ N A P L E S. 270 
 
 as Lougobard Laws he order'd to be obferv'd in Lomhardy, and the other Parts of 
 Italy fubje<fl to him. 
 
 HE added many others to the Edids of the Lougobard Kings his PredecefTors, 
 which he eftablifli'd not as Emperor or King oi France, but as King of Italy or of 
 the Longobards. And as the Longobard Law was of no Force in France, fo Hkewile 
 the Salickor French Law was not introduced into Italy, by Cbarks or his SuccefTors : 
 Whence we fee the EiTor of Sigonius ', who makes three Laws to fiourifh in the 
 Fremh Empire in Italy ; the Roman, the Longobard, and the Salick. Unlels pcrh.ips 
 he mean?, tlmt among the French only, who came into Italy with Charles, this laft 
 had Force and Authority. Pepin his Son and Succelfor in the Kingdom of Italy 
 and the other Kings and Emperors wlio fucccedcd them, fuch as Leivis, Lothaire 
 Otbo, Ccnradc, Henry, and Guido., not only preferv'd them intire and in force, but 
 added other Laws of their own to them ; for which Caufe it was that the ancient 
 Compiler of thefe Laws colleded in three Books, not only the Laws of thefe five 
 Longobard Kings, but likewife thofe o{ Charles the Great, and his Succelfors, down 
 to Courade, which they as Lords of Italy eftablifh'd ; all whicii were call'd Longo- 
 bard Laws. 
 
 BUT with us they were prelerv'd and long obferv'd for other more important 
 Reafons. In the Dukedom of Bcneventum, which comprehended the greateft Part of 
 thefe our Provinces, which now make up the Kingdom, under the Longobard Kings 
 their Authors, they were obcy'd with the utmoft awful Refped. The Kings 
 had the Sovereignty of it, and the Dukes who governed it were fubordinate to 
 them ; and Defiderius the laft King, as we have faid, had created Arcchis his Son- 
 in-Law Duke of it. But tho' the Longobard Kings fail'd in Italy, yet the Dukes 
 did not fail in the Dukedom of Bcneventtim ; hutArecbis, as we fhall relate in the 
 following Book, having thrown off all Subjeftion to the French, govern'd it with 
 abfolute and independent Authority. He took upon him to adorn himfeif with the 
 Scepter, Crown, and Purple Garment, and made himfeif to be anointed, and 
 rais'd to be a Sovereign Prince, wherefore he maintain'd it independent of any other 
 Sovereign ; by which means the Longobard Laws got the better footing and force in 
 this Dukedom, in which they w^ere conftantly preferv'd by the facQcedxngBene'ventan 
 Princes. And the Principality being afterwards divided into three Parts, to wit the 
 Beneventan, Salernitan, and Capiian, which comprehended almoft all the Kingdom, 
 the Longobard Laws were the more diffus'd. The Neapolitan Dukedom, and the 
 other Cities of Calabria and Brittiian, Gaeta, and Ibme other maritime Cities, which 
 continu'd for fomc Time under the Dominion of the Greeks, were later in receiving 
 thefe Laws. Thefe Places, as being fubjed to the Emperor of the Eaft, were 
 govern'd by their own Laws ; and what thefe were fhall be examin'd in the Seventh 
 Book, where we fhall treat of their AWf//^, and their fb many other Collections. 
 But when the Greeks were driven out by the Normans, and all thefe Provinces 
 reduc'd under the Dominion of one flngle Perfon ; the Normans having fucceeded the 
 Longohards, retain'd their Laws, and fpread them over all, even in the Cities which 
 they took from the Greeks, as we fhall fee in the following Books ; whence it came 
 to pafs, that by thefe Laws, having been preferv'd in Italy under other Princes, 
 who were not Longohards, they continu'd the longer, and took deeper Root in 
 thefe our Provinces. Whence likewife it came to pais, that tho' the Roman Laws were 
 preferv'd intire, and that every one could live under what Law he pleas'd, either 
 Roman or Longobard ^ ; neverthelefs, for many Ages, fb great was the good Luck: 
 of the Longobard Laws, that it behov'd the Roman Laws to fuccumb to them ; 
 for in Italy, and thefe our Provinces, the Introduction of a great Number of feodal 
 Tenures, and confequently of many Barons, who obferv'd no other Laws but thofe 
 of the Longohards, occafion'd all the Nobility, by their Example, to obferve the 
 fame Laws ; fo that except the Ecclefiafticks, who in Obedience to the'Edidb of Lewis 
 the Pious ', liv'd (of what Nation foever they were) according to the Reman Laws 
 only, all others, both by Tradition and ancient Cuftom, obferv'd the Longobard 
 Laws ; and when by the Ignorance of the Age, all the Codes wherein they were 
 regiftrtd were neglcftcd, ) et they continu'd amongft the common People, who ar^ 
 
 ' Sigon.de R. Ttal. lib. 8. 
 
 * IriLL Longob. lib. 2. tit. fS. 
 
 1 ^ Ed. Lud. Pii in LL. Lon{;ob. lib. ;. 1. 57- 
 ' In LL. Ripuar. cap. Led jure Romano vivit. 
 
 the
 
 iSo The Civil H i s i o r y of Book V. 
 
 the lad in laying afide the ancient Ufages of their Forefathers, either in what con- 
 cerns the Laws or the Cuftoms, as we fhall fee more diftinctly in the following 
 Books. 
 
 AND whence it likewife came to pafs, that in our Kingdom with regard to the 
 new Conftitutions which were afterwards introduc'd by the Norman, Suevtan, and 
 French princes, the Lon^oluird Law was call'd Jus Comnmne, like that of the 
 Remans ' ; but Avith this Difference, that the Jtis Co}inm:ne of the Loii^obards was 
 the Predominant, and in gi-eateft Force; that of the Romans of lefs Authority, and 
 to which they had recourib when the Longobard fail'd, which happen'd but feldom. 
 For this Caufc it came likewife to pafs, that the Longobard Law was quoted in the 
 Tribunals, comm.cnded by all, and reckon'd the Source of all other Laws, which 
 the new Princes were about eftablifhing : So we fee that the Popes mnde often ufe of 
 them in their Decrees, and approv'd of them '. The Feudal Law which now in all 
 Nations oi Europe is one of the moft noble Parts of the Jus Commune, was founded 
 upon, and fupportcd by the Longobard Laws, as not only Andrea d^Ifernia, and 
 Bifhop LJpari'.lus among others have written, but the incomparable Hugo Grotius 
 likewife obferves. 
 
 THE very Conftitutions oi Frederick IF of our Kingdom, are almoft all taken 
 from the Longobard Law-s, as befides our own Writers, Grotius likewife tells us '. 
 The Cuftoms o( Bari are deriv'd from the Longobard Laws, as we fhall fhew when 
 we fhall have occafion to treat of them. 
 
 BUT 'tis worth our Obfervation, and what will more plainly fhew us the Autho- 
 rity and Credit which they retain'd in thefe our Provinces for a long Time, to find 
 that after the Roman Jurifprudence was again reftor'd in the Academies of Italy, in 
 the Time of Lcthaire IF ; and the Pandefts had been found in Ama'.phis, and got 
 footing likewife in our Academy, in t\\tRc\\:,noi FrederickW. the Ufe and Authority 
 of thefe Laws did not fail for all that. On the contrary, our Writers then more than 
 ever took greater Pains and Care in commenting on thtm ; juft as Gregory and Her- 
 niofenian did, who, when they faw that Conjiantine the Great intended to abolifh the 
 ancient Heathen Roman F,aws by new ones of his own, compil'd their Codes, by 
 v.hich they prevented the Lofs of the ancient Roman Jurifprudence : So we fee that 
 Carlo dt l^occo did not comment on them till the Reign of IVilliam King oi Sicily ; 
 and that other Comment which we have on them oi Andrea, da Barletta, Knorney 
 Czv.tr2i\ to Frederick l\- makes it evident, that to the Reign of this Prince, the Longo- 
 bard Laws in our Kingdom were fuperior to the Roman ; and in later Times f?ill 
 more which may be gather'd from the Comment oi Biafe da Mar cone, who flourifh'd 
 under King Robert. 
 
 IF our Writers had follow'd the Light of Hiftory, and diftinguifh'd the Times as 
 they ought to have done, they had not ftuffed their Commentaries with lb much 
 Trumpery, as to fay (not knowing the Authors of thofe Laws) they were made by 
 certain Kings, who were call'd Longobards, that is to fay Apttlians, who having 
 come from Sardinia, at firft fettled in Romagna, and from thence went to Puglia, as 
 Odofredus, Baldus, Alexander, and Francifcus de Curte have written, and, which is 
 more furprizing, were follow'd by Nicolas Boerius, who chofe rather to believe 
 thefe Dreams, than to give ear to true Hiftory. 
 
 NEITHER would Luca di Penna, afterwards follow'd, as often falls out, 
 inconfiderately by Carovita, Maranta, Fabio d'Anna, and others of our W^riters, 
 have had occafion to declaim againft the Law of the Longobards, and to call it 
 ftupid, barbarous, and unpolifh'd, and Riff-raff rather than Law. He did fo, be- 
 caufe he knew not how to diftinguifh the Times in which he wrote, from thofe of 
 paft Ages, in which thefe Laws were reputed the moft polifh'd and prudent of all 
 that ever had flourifh'd in Italy : He wrote in the later Times in the Reign of Queen 
 Joan 1. by whom in the Year 1366. he was made Judge of the High-Court, when 
 the Authority and Splendor of the Roman Laws ftill increafing, it began then to be a 
 Queftion among the Advocates which of the two Laws ought to have the Prefe- 
 rence ; whereupon he finding that fbme againft his Opinion, ftickled hard in favour 
 of the Longobard, he baul'd out againft them, and loaded thefe Laws with a 
 
 ' Conft. Giiliel. Purlrarem. 1 quae inRcgnoNeapolitano,Siculoque valentCon- 
 
 "■ Gregor. c devotil" 12. q. 2. { ftitutiones a Fredcrico II. collcftae, pene omnes 
 
 ' Giot. in Piolejjom. ad hift. Got. jam vero, I fluunc c legibus Longobardoium. 
 
 2 multitude
 
 Book V* z/?^ K I N G D o M 0/ N A P L E S. 181 
 
 multitude of reproachful Names. And it was not till the Reign of the Araq^on 
 Family, that thefe Laws came in difufeand fail'd intirely in our Kingdom, when the 
 Roman were reftor'd, of which Matthxus de Afflifiis is a good Evidence ; who, tho' 
 he fays, that in his Time he never obftrv'd the Lougobard Law to get the better of 
 the Roman in our Tribunals, yet declares to have heard from the old Advocates, 
 that in ancient Times the contrary was obferv'd. But in the Progrefs of this Hiftory 
 we fhall have more fit Opportunities to treat at large of the alternate Fortune of 
 thele Laws. 
 
 CHAP. VI. 
 
 Of the Ecckjiajlical 'Polity. 
 
 fN this eighth Century the Churches of the Weft were in great Con- 
 fufion, and that of Rome, which ought to be a bright Example to 
 the reft, was in the greateft Difbrder. Paul having died in the Year 
 767, Co/iftautifie Brother to ^toto Count of Nepi, ufurp'd the Chair j 
 who by Violence and Management had got himfelf firft to be eleded 
 Pope, and afterwards to be ordain'd Subdeacon, Deacon and Bifhop : 
 Some Officers of the Church of Roi/ie, not able to fuffer this Violence, had recourie 
 to Defidenus King of the Lougcbards, and having got Afliftancc, return'd to Rome 
 with a Band of arm'd i\Ien. ^oto attack'd them, but being kill'd in the Scuffle, 
 ConJlanti7te was turn'd out, and Philip a Pricft and Monk was eledled in his Place ; 
 but he not being found fufficient for the Poft, was oblig'd to retire into a Mona- 
 ftery, and Stephen IV. with common Confent, was eledled in the Month of Augufl of 
 the Year 768. After whofe Eleftion, Conftantine was ignominioufly depos'd, and 
 treated after a cruel manner, was impriibn'd, and had his Eyes put out. Stephen 
 not finding himfelf fecure, fent a Deputy into France, in order to regulate what 
 concern'd the Affairs of the Church of Rome. Charles and Carloman, to whom the 
 Deputy, their Father Pepin being dead, confign'd the Letters, fent twelve Bifhop.* 
 to Rome, who convening a Council with one Italian Bifhop, confirm'd Stephen, and 
 declared Conflantine's Election void. Stephen got Pofteflion of the See ; but grievous 
 Difputes arifing afterwards between him and Dejidenus, on account of the Election 
 of the Archbifhop of Ravenna, and other Matters above related, Defidenus laid 
 Siege to Rome, and exercis'd fo much Severity, that the Pope being terrified, died 
 the firft Day of February in the Year 772, leaving Adri.'.n his Succeflbr. 
 
 NEITHER did there happen lefs Diforders in the Elections to other lelTer Sites. 
 The Favour of Princes, Violence, Sollicitations, and Simony had the greateft Share 
 in them. Dilcipline was almoft intirelv laid afidc ; great Ignorance and Licentioul- 
 nefs prevail'd amongft the Bifliops and the Clergy. There was no Lewdnefs which 
 they were not guilty of; they kept Women in their Houfes, went to the War, 
 inroil'd themfelves among the Soldiers, ferving for Pay ; and throwing off the Yoke, 
 refus'd any more to obey their Bifhops. 1 he Popes becoming powerful Lords in 
 Temporals, by the Donation made to the Church of Rome by Pepin and Charles h:s 
 Succtffor, began to extend their Authority over Princes. Zacbarias by having had 
 a great hand in the Tranflation of the Kingdom of France to the Carlovingian Line, 
 and Adrian of that of the Kingdom of Italy to the French, had made thcmiclvcs 
 dreadful. They fet their Minds more on Temporal Matters than on Divine and 
 Sacred ; and the other Eiftiops following their Example^ the ancient Difcipline was 
 corrupted, and altogether neglected. 
 
 Eeee ON
 
 2 8 1 The Civil H i S t 6 r y o/ Bcx)k V. 
 
 O N the other hand, the Temporal Princes feeing fb much Depravation of Matl- 
 hers, labour'd with all their Might to reform the Clergy and the Church ; and 
 bcfides that, having fb fair an Opportunity, concerned themfelves more in the Ele- 
 iftion of Bifhops, and other Minifters of the Church, and in difpofing of their 
 Revenues, than formerly. Leo Ifatirictis, and the other Emperors of the Eaft his 
 SucceiTors, would have themfelves efteem'd as Moderators, not only of the Ecclefi- 
 aftica! Polity and Dilcipline, but likewife of the Dodrine : They piiblifh'd Edids cort- 
 cerning the Adoration of Images ; and except only the Miniftry of Sacrificing, 
 they would be reckoned Monarchs and Prefidents of the Church : They prefided in 
 the Synods, and gave them Sandtion ; made Laws, and regulated the Ecclefiaftical 
 Orders; made themfelves Judges of Controverfies, and of the Bilhops and Clergy, 
 how they were to proceed in Eledions to vacant Sees, and how they were to gi\'e 
 their Votes; tranflatcd Bifhops from one See to another; advanc'd and degraded 
 the Sees as they thought fit, from a Biflioprick to a Metropolitan and Archbiflioprick, 
 difpos'd of Dignities and Sees of the Hierarchy ; divided the Diocelfes after their 
 own way, and eredted Churches into new Bifhopricks or Metropolitans. Whence 
 began the afligning of many Churches to the Patriarchate of Co)//? "^"^'"o/^/e by taking 
 them from that of Rowe, which was compleated in the following Century ; among 
 the reft, as fhall be told in its Place, they took Sicily, Calabria, Pitglia, and Cam- 
 pania, which that Patriarchate retain'd, till by the Means of our Normans, and par- 
 ticularly Kofcr I. King oi Sicily, they were reftor'd to that of Koine -^ and greater 
 Extravagancies were feen in the following Times when their Empire began to 
 decline, when they endeavour'd intirely to fubjcdt the Priefthood to the Empire, 
 concerning which we may fee Joannes PLilofacus ', and T'omajinus % who difcourfe 
 at large of it. 
 
 A L T H O' the Princes of the Weft were not fo daring, neverthelefs under 
 the fpecious Pretence of reforming the Irregularities of the Clergy, and the loft 
 Difciplinc, they concem'd themfelves much more than became them in this 
 Protefbion and Guardianfhip of their Churches ; and in the Beginning of this 
 Century they no lefs defoma'd the State of therti than the Ecclefiafticks had done. 
 Charles Mni'tel, after having taken upon him the Go\'ernTnent of the Kingdom of 
 France, inftead>f remedyirtg the Diibrders that prevail'd, feiz'dontheGoodsof the 
 Chirrchcs ; he gave the Abbacies and Bifliopricks to Laicks ; gave the Tythesto the 
 Soldiers ; and fuffer'd the Ecclefiafticks and Monks to go on in their Lewdnels. 
 
 I N Italy and thefe our Provinces which were fubjed: to the Dukes of Benevevtum, 
 the Longobard Kings and Dukes, on account of the continual Hatred they bore the 
 Popes, as firft Favourers of the Creeks, and afterwards of the French, occafion'd no 
 lefs Diforders. King Defidcrius by reafon of the Difputes he had with Stephen IV. 
 about the Eledion o{ Michael to the Archbifhoprick of Ravenna, whom the Pope 
 turn 'd out; in order to be reveng'd upon him, caus'd the Eyes oi Chriftophanus and 
 Serzius his Creatures, to be put out, and afterwards put Chrtftophanus to Death, and 
 fo frighted the Pope, that it haften'd his Death. 
 
 THE Longobards as well as the Goths and the Emperors of the Eaft their Pre- 
 deceflfors, were very careful in retaining all the Prerogatives which the Right to 
 Empire gave them. It was in their Power to declare the Churches Sanduaries, and 
 to prefcribe Laws for what Crimes the Subjeds could claim Sanduary, and for what 
 thofe that fled to them could be protedcd in them. King Ltiitprandus, imitating the 
 Emperors of the Weft, of whom there are many Conftitiitions remaining in the 
 ^heodofian and Juftinian Codes concerning that Matter ; ordain'd likewife, that 
 Homicides, and others guilty of Capital Crimes, flioald not have the Benefit of 
 Sanduary ^ He injoin'd the Bifhops, Abbots, and other Governors of Churches 
 or .MonaitCT-ies not to receive them, nor to hinder the Secular Magiftrate fi-om taking 
 them out, nor to be afTiftant in making their Efcape, nor conceal them ; and that 
 if they huider'd their being taken out, they were to pay a pecuniary Muld of 6oo 
 Soldi*. Out Longobard Kings likewife retain'd the Power of making Laws con- 
 cerning Matrimony ', of putting a Stop to it, where either Decency, Kindred or 
 
 ' Filofac (It Sacr. Epifc aut. c. 7- ^- 7- I ?9- '•''• ''■■ '" LL- Longpb. 
 
 ^ Tomafin. vet. & nov. Eccl. difc. p. i. 1. i. •• L. 4. cit. rit. ;<;. )ib. 2. 
 
 c. f2. n. 6. I Launojjius Regia in Matiim. poteft. par. 5. 
 
 ^ L. 1- De his, qui ad Eccl confugiunc tit. 1 arc 2 cap. 7. 
 
 Affinity
 
 Book V. ?/;^ K I M G D o M 0/ N A P L R S. 18^ 
 
 Affinity were Obftacles, and of prefcribing rhe Age fit for contrafting it ; and of 
 tierlaring the Illegality of Marriages and Contrads, and the Baftardy of Children, 
 and of eilablifhing whatfoever regarded the greater Decorum and Decency of thefe 
 Matters, as is clear from their Laws '. 
 
 T H E Emperors of the Eaft, who at this Time govern 'd the Dukedom o( Naples^ 
 a great Part cii Cal-'.hrta^ Pugiia^ and many maritime Cities of thefe our Provinces, 
 vh.ch were likewilc Enemies to the Popes, excrcis'd an ablblute Authority over the 
 Churches of thole Cities which were fubjed: to them. Conjiantive and Leo his Son, 
 would have their Edids for abolifhing Images obey'd in them ; they would not 
 allow P:ml eledcd Bifhop of Naples to be admitted, becaufe he was a Favourite of 
 the Popes, which was the reafon that the Nejpolit.^.m did not receive him within 
 their City : Neither was there ever greater Deformity leen in the Church of Naples 
 than at this Time. We find Stepbejj at the lame time that he was Duke of it, and 
 goxxm'd the Dukedom under the Emperor, when his Wile died, was made Bifhop, 
 and not laying down this other Charge, adminifti-ed both divine and human Things 
 at tiie fame Time. I'becpbil'.tli'.s his Son-in-Law lucceeded him in the Dukedom ; 
 when a new Paftor was to be clvoftn, E[praffia the Daughter of Stephen^ and Wife 
 of I'-Oeophilaiiv.s^ being offended with the Clerg\', who had fhewn much Gladncfs 
 and Contentment upon the Death of her Father, fwore that none of them fhould be 
 cleded Bifhop ; and the Duke her Husband, whether it was in order not to vex her, 
 er for Covetouinels fake, delay'd the Eledion ; fb that the Neapolrti^ns, both Clergy 
 and People, being wearied with the long Vacancy of their Church, went in a Body, 
 and call'd out aloud before the Ducal Palace, that they might give them for Bifhop 
 •w homfbever they ^leas'd. Then F.fpreiJJw.., full of Indignation and Rage, pitch'd 
 upon a Laick from among the People, call'd Paiil^ whom fhe gave them for 
 Bifhop, neither duTff any of them be fo bold as to contradid it ; they took Paid, 
 and haxT^vg fhav'd him, -efeded him Bifhop, who went to R^^.t,- and the Pope, 
 through the Corruption of the Age, made no Difficult^' to confccrate and confirm 
 feim ^ 
 
 THERE being fuch Deprax'ation of Manners, and Things having gone to fuch 
 Bwrefs, not only the Prelates of the Chtn-ch, but like^vffethc Secular Princes rouz^d 
 themfelves at lall in order to apply a Remedy. After the Death of Charles Martd 
 in Ft-iDiee^ 'Carloman and Pephi his Sons having divided the Kingdom, tho' they had 
 notthe Dignity of Kings, eontriv'd to order Matters fo, that in fbme meafure Difcipline 
 Tntght he reftor'd. Cnrlmnf^n Wince of yJuQrafi.T, in the Year 742. caus'd a Council 
 to -be call'd in 'Ccrw.wv, where, with the Confcnt of the Bifhops, he publifli'd manj 
 ?<:egulations for reforming 'the Difcipline and Manners; he forbid the Ecclefiaflicks 
 to go to V^ar ; order'd the Curates to 'be fn'bmifTive to their Brfliops ; caus'd fome 
 ikclefirfflicks convided of the Crime of Uncleannels to be degraded, and to undergo 
 •Penance: And in ilhe other Alfembly^ which he caus'd to be held in Lefthies near to 
 'Cmnbrn)\ befides confirming all thefe, he likewife prohibited Adulter^-, inc^fl, 
 unlawful Marriages, and Pagan Superftition. 
 
 P'E'P'IN Prince oi Kettftrafta^ likewife for his Part laboiir'd all he could in order 
 to reform 'the Ecclefiaffical Difcipline ; he call'd a Meeting of 23 Bifhops, and many 
 Great Men in Sn^^rnts, inthe Year 744, in which all the Canons of the preceding 
 Councils were confirm'd ; and he ordain'd that they fhould be inviolably obferv'd ; 
 that S\-nods fhould meet every Year ; that Priefts ought to be fubjed to their 
 Bifhops; that the -Clergy fhould have no Women in their Houfes, except their 
 Mofhers, Siffers, or Nieces ; nor Eaic'<s Virgins dedicated to God. In the 
 following Y'ears 752, 755, 756, and 757, fuch other AfTemblies were held, in 
 which were effablifh'd other Regulations concerning Difcipline. And Cjrlonian 
 <sfpecially caus'd fuch Affemblies to meet, in which alio were eftablifh'd many Pointa 
 for the maintaining of Difcipline, by reviving the ancient Canons, ^nd making of 
 new Tlules concerning the prefTing Affairs of the Church. Thefe Affemblies were 
 not properly Councils, they were not only compos'd of Biff ops, but likewife of the 
 Lords and Great Men of the Kingdom call'd by the Princes. The Bifhops drew up 
 the Articles for the Ecclefiaf^ical Polity, and the Lords thofe that concern'd the 
 State ; and afterwards they were authoriz'd and publifh'd by rhe Princes, that they 
 
 ' LL. Longob. lib. z. tit. do prohibit. Nupt. 1 ' Jo. Diac. de Fpif. Neap. Chloc. de Epif. 
 lib. tit. I. de Sponfalib I Neap. A.79f 
 
 might
 
 284 'The Civil History of Book V. 
 
 might have the Force of Laws. Thele Articles were call'd Ads or Decrees. 
 And this was the manner in which the Diicipline of the Church of France^ and 
 likcwife that oi Germany was regulated under the fccond Race of thofe Kings in this 
 Century. 
 
 I N It^ily alfo there were many Canons cftablifhd by fbme Popes for reftoring the 
 decay'd Difcipline. Vo^tZacbary held two Councils for that end in Rowe, the one in 
 the Year 74;^, compos'd of about 40 /f^Av?;/ Bifhops, wherein wasrenew'd the Prohi- 
 bition fo often made againft Bifhops, Priefts and Deacons cohabiting with Women, 
 and other Provifions were made ; the other was in the Year 745, compos'd of feven 
 Bifhops, and Ibme Pricfls, wherein were difcufs'd Ibme Accuiations againft theBifhops, 
 and fome Opinions concerning Idolatry were handled ; and it was declared, that the 
 Names of many Angels that were invok'd were unknown, and that they knew the 
 Names of three only, to wit, Michael, Raphael, and Gabriel. Likewile Patiliiius 
 Bifhop o( y'qtiile/a held a Council there in the Year 791, wherein, after a Confeflion 
 of Faith he eftablifh'd 14 Canons concerning the Difcipline of the Clergy, Matri- 
 mony, and the Duty of Monks, and other Affairs. 
 
 IN the Eaft, after the Empreis Irene took the Government of the Empire upon 
 her, fhe fet about reftoring of Difcipline ; fhie refblv'd to have a new Council call'd, 
 in order to examine what had been ordain'd in that which Covftantinus Copronhnus 
 had conven'd in the Year 753, concerning the Worfhip of Images j with which fhe 
 acquainted Pope Adrian, that he might gi\e his Confent to it, to which he fent two 
 Priefls as his Reprefentatives. The Meeting of the Council began in Conftantinople 
 in the Year 786 ; but being difturb'd by the Officers of the Army and the Soldiers, 
 who were flirr'd up to it by the Bifhops who were againft the Worfhip of 
 Images, it was tranflated to Nice in the Year 787. 
 
 THE Pope's Legates had the firft Place there ; Tarafim Patriarch of Conftan- 
 tinople the Second i the Deputies of the Bifhops of the Eaft the Third : After thefe 
 Agapetus Bifhop oi Cefarea in Cappadccia, John Bifliop oi Ephefits, Conftantine Me- 
 tropolitan o( Cyprus, with 250 Archbifhops and Bifhops, and more than a hundred 
 Priefts and Alonks. Two CommifTioners likewife from the Emperor and £m- 
 prefs afTifted there, and in many Speeches the Dodrine of Image Worfhip was fully- 
 debated, and many Regulations were eftablifh'd concerning it. There were 22 
 Canons made, as well concerning Dodrine as Ecclefiaftical Difcipline ; there was a 
 Rule laid down for the Examination of Bifhops, prefcribing their not to be admitted 
 if they v.erc not qualified to inftrud the People, and if they were not skilfd in the 
 Pfalter, the Evangels, and the Epiftles of St. Paul and the Canons. All Ele- 
 dions of Bifhops or Priefts made by Princes were declared void ; and the Eledion of 
 a Bifhop was commi:ted to the neighbouring Bifhops ; thofe Billiops were to bcieverely 
 proceeded againft, who fhould take Money for depofing, or fulminating Excommu- 
 nications. It was ordain'd that all Churches and Monalteries fhould have Oecono- 
 mifts ; that Bifhops and Abbots could not fell or gi\e away the PolFeffions of their 
 Churches or Monaftcries without Neccfiity. That the Houfes of Bifhops and 
 Monafteries fhould not be us'd as Inns ; that a Clergyman could not be appointed to 
 two Churches ; that Bifliops and other Ecclefiafticks were not to wear gaudy Apparel. 
 The Building of Oratories or Chapels was forbid, if there were not a fufficient Fund 
 for defraying the Charges. Women were difcharg'd from li\'ing in Bifhops Houfes, 
 or Monafteries of Men. The taking any Thing for Orders, or for being admitted into 
 Monafteries was prohibited, under the Pain of Depofition with refped to Bifhop* 
 and Priefts : As for Abbeffcs, and Abbots who were not Priefts, they were to be 
 turn'd out of the Monafteries ; however, thofe who were receiv'd into the Mona- 
 fteries, or their Relations, were allow'd to give voluntarily either Money or any 
 Thing elfe ; neverthelefs under this Condition, that thofe Gifts were to remain with 
 the Monaftery, whether the Perfon entering continu'd in the Mon.aftery or left it, 
 provided that the Superiors were not the Caufe of his leaving it. Monafteries of the 
 one half Men, and the other half Women were forbidden to be creded, but with 
 regard to thofe already eftablifh'd ; the Monks and Nuns were order'd to 
 live in two different Houfes, that they might not fee, nor have Familiarity with 
 one another. Monks were not allow'd to leave their own Monaftcries and go to 
 others ; and laftly eating with Women, when it was not for the Good of their Souls, 
 or when they entertain'd a Relation, or ira'.'cU'd, was prohibited. 
 
 SUCH 
 
 \^
 
 Book V. ?/j^ K I N G D o M 0/ N A P L E S. 285 
 
 SUCH and fo many Provifions were made at this Time, in order to reftore the 
 decay 'd Difcipline in lome mcafurc : Where Vice abounded, there was need of many 
 Laws for fiipprelling it ^ but thefe were not fiifficient to cure lb many Dileafcs: 
 Therefore Ibmc Bifhops, in order to reform their Clergy, made their Pricfts live 
 in common in a Cloifter, to whofe Care the Church is indebted for the Order of the 
 Regul.n- Qnioiis, of which Ccdcgtuidits Bifhop of Metz leems to have been the In- 
 ftitutor or Reftorer. The Churches of our Provinces, part of which were under the 
 Emperors of the Eaft, and part under the Longohard Dukes, had recover'd a little 
 Difcipline, but not fo much, but that by realbn of the Rudenefs and Ignorance of 
 the Age, they were likewife in great Diibrder, and few Veftiges of the ancient 
 Dilcipline remain'd in them. 
 
 SECT. I. 
 
 Of the CoIkftioH of the Ccuions. 
 
 \ ]{T R muft place the Colleftion of Ifidoi-e Mercato;- or Peccator in this Century ; 
 V V it is in Latin, and compos'd of various Canons of Councils held in Greece, 
 yifrica, France, and Spain, and of many Decretal Letters of diverfe Popes, down to 
 Zacbary, who died in the Year 752 '. David Blondell "■ fhews the Impofture of 
 many of thefe Letters attributed tofundry Popes, whofe they are not ; and Peter de 
 Marca ^, tho' he condemns the Method of this Author as too fbvere, however he 
 confefles the Forgery and Impoflurc. 'Tis likewife doubtful who the Author of this 
 Collection was : Hincniare ■* Archbifhop of Khctnis, makes Iftdore of Sevil Author 
 of it; and relates, that Kicolpbm Bifhop of Mentz, who govern'd that Church 
 from the Year 787 to the Year 814, carried it from Spain to France, where, 
 under the Reign of Charles the Great, many Copies were made, and fpread 
 over all. But by what we have faid in the foregoing Book, and by what Baronius 
 himfelf and Marca fay, J/idore Bifhop of Se-vil cannot be faid to be the Author of it, 
 for he died in the Year 636, feeing this Collection likewife comprehended the 
 Epiflles of Zacbary, who died in the Year 752. Others ' therefore afcribe it to 
 Ifidore Birhop of Sepulveda, who died in the Year 805 ; who, according to the 
 Cuflom of thofe Times in which the Bifhops out of Humility were wont to fubfcribe 
 themfelves in Councils and elfewhere Peccatcres, has been call'd Peccator ; and 
 afterwards through the Fault of the Tranfcribers, in fbme Copies of this Colledion, 
 m^ead of Peccator, we read Me-rcator. Eniamtel Gon/alez '' rehtes, that this Col- 
 le6tion of IJidore Mercator, was publifh'd under the Name of Jfidore of Sevil, in 
 order to give it the greater Authority, or becaufe there was truly another Colleftion 
 begun by him, which afterwards was compleated by Mercator, who inferted many 
 other Letters into it down to the Time of Zacbary. 
 
 THIS new Collection o( Ifidore did not only appear at this Time, but there was 
 another likewife feen under the Title Capttiila Papx Adriani, which was publifli'd in 
 France hy Jngilramnus Bifhop of Metz, in the Year 785. But this Colledtion, as 
 Hmcniare Archbifhop of Kbeims teftifies ', was not receiv'd in the Rank of Canons, 
 for which we ought to confult Peter de Marca '. In Knme likewife in this fame Cen- 
 tury there appear'd another Collection of the ancient Formulx, intitled, Diurnus 
 Komanorum Pontificurn ; which the Popes made ule of only in their Difpatches- 
 
 ' Dovlat. bift Droit Canon, par. i . cap. 21 . 
 ' Blondel. in Pleudo Ilidoro idit. an. i6i3. 
 ' Marca de Concor. Sac & Imp. lib. 5. cap. 
 5-. n. 1. 
 
 ■• Hincmar. in Opufc. c. 24. 
 
 ' Baron. A. 86$-. num f Mariana lib, 6. 
 
 de rcb. Hifp. cap. f. Chronic. Julian! Tol. 
 Parif aedit. a Laurenrio Ramlrcs. 
 
 " Gonfalez in Apparatu de Grig. & Progr. 
 Jur. Can. num. 46. 
 
 ' Hincmar. in Opuf c. 24. 
 
 ' p. dc Marca loc. cic. num, 4. 
 
 Ff ff 
 
 SECT.
 
 2 86 The Civil History of Book V 
 
 SECT. II. 
 
 of Monks and Temporalities. 
 
 OU R Princes and Great Men did not leave off making great Donations to the 
 Churches, and founding new Monafteries, and inriching thofe already built. 
 This was truly the Age of Monks ; the Ignorance of the Laicks as well as of Priefts 
 was at its higheft Pitch : There remain'd only a little I>earning amongft the Monks, 
 when they eafily led the People by the Nole to do whatfoever they pleas'd ; the 
 manv Miracles, the fo many new invented Devotions to fome particular Saint, their 
 inflruding the People, by reafon of the Ignorance and Lewdnefs of the Priefts, had 
 fuch EfFcft, that it drew them the awful Regard and Refpedl of every Body. King 
 Luitfrandus not only built many Churches where he ufed to ft:ay at any time, but 
 likewifc large Monafterics. It was he that built the Monaftery of St. Peter without 
 the Walls of Pavia, which in the Time of Paul IVarnefride ', on account of its 
 Riches, was call'd Coslum av.reum. He likewife built in Bardmn^ on the Top of the 
 Alps^ the Monaftery of Berceto ; and befides that, he built a Church of admirable 
 Workmanftiip in Holonna, in Honour of S. Atbanafius the Martyr^ where he alfb 
 caus'd a large Monaftery to be eredled. With great Magnificence he appointed 
 Churches in all Places ; and he was the firft that built a Chapel within his own 
 Palace, in Honour of our Saviour, and appointed Priefts and Clerks, who every Day 
 fung tiie Holy Offices there : Whence the Royal Chapels began to ftiine with greater 
 Dignity and Splendor with us, and afterwards were adorn'd with many Prerogatives 
 and Immunities by the Popes, in order to pleafe the Princes ; and not only the 
 Chapels but their Chaplains were rais'd to that Pitch, which we fhall fee in the fol- 
 lowing Books of this Hiftor)'. 
 
 OUR Dukes of Beiievento, following the Example of their Kings, founded not 
 only in Benevento, but likewife in all their large Dukedom, new Monafteries, and 
 inrich'd thofe already built, and efpecially that o( Moute Cajfino. Ar ech i s \n\s.r%d 
 that of S. Sophia in Beneveuto, and heap'd profufe Donations upon it. At this 
 Time in the Year 707, the famous, Monaftery of S. Vincent in Viiltiiruo ^ was fb mag- 
 nificently built by thole three renown'd noble Beneveutan Longobards, Paldo, Tajo^ 
 and 1'ato, that in after-times it even vied with that of M. Caffino, and its Abbots 
 were rais'd to fo great Dignit)-, that they were employ 'd in the moft important 
 Affairs of the See oif Koine, and of the moft potent Monarchs of the Weft. No lefs 
 did the Monafteries multiply in this Dukedom, than in that of Naples, and in the 
 other Cities fubjcft to the Emperors of the Eaft, as well thofe of the Order of 
 S. Beiiedifi, as thofe of S. Baftl ; not only of Men, but likewife of Women. In Naples 
 Huke Stephen, whowasalfoBifhop, builtmany Churches and Monafteries, andendow'd 
 them with ample Privileges and Revenues ; fuch as that of S. Feftiis the Martyr^ 
 now anncx'd to that of S. Marcelltnus, as alfo that of S. Pantaleon, of which there's 
 no Veftige remaining ; and rebuilt that of S. Gaudw/us in a more magnificent Form '. 
 Antitniiis Conful and Duke founded others, to wit, thole of SS. ^nricus and 
 Juittta, the Church of St. Paul, which he annex'd to the Monaftery of St. Andrew ; 
 and thus did not only the Bifhops and Dukes of Naples, but alfo the other Officers 
 and Prelates of the other Cities of thefe Provinces of which the Kingdom is now 
 compos'd, which may be feen in Ugbellds elaborate Work of Italia Sacra. By 
 which means the Monks and their Riches increas'd exceedingly ; and the Growth of 
 their Power and Reputation, by reafon of the Ignorance of others, and the Learn- 
 in<^ which they preferv'd among them, the beft way they could, in a Time of fuch 
 grofs Ignorance, was no lefs. 
 
 ' p. VV:irncfr. lib. 6. cap. i?. [ pag. 470. where we read the Chronicle of Ab- 
 
 ' OOienf. lib. I. cap. 4. V. Pellegr. in Serle I bot Autpertus. 
 Abbac. Caflin. Theodcmar. V. Ughci. torn. 6. < ^ Chioc de HpiC Neap inSrcph. A. 764. 
 
 SO 
 J
 
 Book V. the Ki ^c bo u of N A P L E S. 187 
 
 S O many Monafteriei therefore being founded, the Monks become very rich, and 
 feeing themlelves fb confiderable, endeavour'd now more than ever altogether to 
 fhake off the Yoke of the Bifhops. 'Tis true the Monaltcries began in the preceding 
 Century to exempt themlelves from the Jurifdidion of the Bilhops; but according 
 to Alte'ferni ', that was pradis'd but very feldom. The Inllance which Zachary 
 gave in this Century of the Monaftcry of M. Caffiuo, was the Occafion that the 
 reft from time to time made themfclves all free. I'he Splendor of this Monaftery in 
 thofe Days inhanc'd all the Favour of the Popes ; who, as if they had been fo many 
 Conjurers, to know that out of it, as out of the Trojan Horfb, lb many Popes their 
 SuccelTors were to come, never gave over heaping Privileges and Prerogatives upon 
 it. What made it the more auguft was, that befides Kachis, Carloniaii, and many 
 Royal and lUuftrious Perlbnages had been Monks in it i therefore Pertinax coun- 
 tcnanc'd by the two Gregory's the Second and the Third, repair'd it in that ma'^ni- 
 ficent manner ; and Zacbary, vying with his Predecedbrs, would needs endow it with 
 greater Privileges. With his own Hand he would conlecrate it, and having gone 
 thither accompanied with thirteen Archbilhops, and Sixty-eight Bifhops, he made 
 the Confecration the more auguft and magnificent. The Monks were ready to 
 receive him, who was to exempt fo famous and illuftrious a Monaftery altogether 
 from the Jurifdidion of the Biihop of the Diocelsin which it was j Zachary willingly 
 granted it ample Immunity, and caus'd a fpecial Grant to be drawn up, by which 
 not only that Alonaftery, but every Thing that belong'd to it, wherelbever fituated 
 was exempted from the Jurifdidion of all Bifhops, ita ut nulliiis juri fuhjaceat^ ntfi 
 jo! ills Romam Pontificis, which are the Words oi Leo Ojiien/Is ^ Befides which he 
 likewife adorn'd it with other Pre-eminences ^ that in all Councils the Abbot of 
 Cajltito Ihould not only take Place of all the other Abbots, but likewile give his Vote 
 before them ; that being eledcd by the Monks he Ihould be conlecrated by the Pope - 
 that the Bifhop entering within his Jurilciidion could not celebrate or perform any 
 Sacerdotal Fundion, unlels he was invited by the Abbot, or the Overfeer • that it 
 Ihould not be allow'd to exad Tythcs of him, nor to interdid his Priefts, nor to 
 call them to Synodal Councils ; that the Abbots of this Monaftery could confer 
 Orders, confecrate Altars, and receive the Chrifm from any Bilhop whatfoever. 
 He moreover confirm'd to them by his Precept, the Pofleffion of all Goods and 
 Lands which had been acquir'd by the Bounty of fo many Longobard Princes and 
 fundry Great Men. The other Popes his Succeffors, following his Footfteps, aug- 
 mented thefe Privileges, of which the Abbot de Noce ^ has compos'd a lon<» Lift. 
 
 THE other Monafteries under other Rules, and their Abbots of no lefs 
 Fame and Worth, eafily obtain'd of the Popes to be receiv'd into the Protedion 
 of St. Peter, and to be immediately fubjed to the Pope, becaule that 
 Exemption added much to the Power of the Popes, and greatly extended their 
 Authority over all the Nations of the Weft ; for the Eredion of many great Mona- 
 fteries, govern'd by famous Abbots, who on account of their Erudition eclips'd the 
 Bifhops, occafion'd Difputes among them ; therefore the Abbots, in order to free 
 themlelves of their Subjedion, had recourfe to the Pope, and eafily obtain'd Exemp- 
 tions, by putting themfclves immediately under the Papal Jurilciidion. They got 
 other Privileges befides this, fuch as of making the Ledors of their Monafteries of 
 being ordain'd by the Cborepifcopi, and a great many more. W^hence it came that 
 the Popes acquir'd many Defenders of their Authority and Power ; for the Monks 
 by obtaining fo many Privileges and Prerogatives, in order to preforve them were 
 oblig'd to fupport the Authority of the Granter i which the Monks, who were the 
 moft learn'd Set of Men of the Age, did to very good Purpofe ; by which means in 
 a few Years all the Monafteries were exempted. And in procefs of Time the 
 Chapters of Cathedral Churches, being for the moft part Regular Clergy, on the 
 fame Pretences likewife obtain'd Exemption ; and in fine the Chmian and Ctjler- 
 aati Congregations were all intirely exempted, which makes a great Addition to the 
 Authority of the Popes, who came to have their own Subjeds in every Place, how 
 diftant foever from Kome, who, as they were defended and protedcd by the Papacy, 
 in return were zealous Defenders and Protcdors of the Pope's Authority. S. Ber- 
 
 ' Altcfer. Afcetic. lib. 7. cap. 12. 1 preferv'J in Archivis Caflin. 
 
 * Oftienf. lib. 1. cap. 4. vid. Ab. de Noce, I * Ab. dc Nocc in K xcurf. iiift, ad Chron. Oft. 
 who teftifies that this fpecial Grant is as yet ' lib. i. cap. a. 
 
 mrd.
 
 it 8 The Civil History of Book V. 
 
 jiard tho' a Cifferciau, did not approve of the Expedient, and often complain'd of 
 iiich Irregularities, not only to Animus Archbifhop of Sens ', but likewile defir'd 
 Pope Eugene III. himfelf to confider, that all thele Doings were grois Abiifes, and 
 that he ought not to approve that an Abbot ftiould refufe to fubmit himfelf to his 
 Bifhop, or a Bifliop to his Metropolitan. R/c/yrtn/ Archbifhop o( Canterbury '■ e\- 
 claiin'd againft the fame to Alexander III. But thefe Gentlemen not being ac- 
 quainted with State Politicks, were not minded, nor any Ear given to their Com- 
 plaints: On the contrary, in afcer-times by keeping on in the fameCourie, they went 
 further ; for afterwards the Mendicant Orders not only obtain'd full Exemption 
 from Epifcopal Authority, wherefoever they might happen to be, but likewife 
 Power to build Churches in any Place, and alio to adminiiter the Sacraments in 
 them : And in the latter Ages they carried this lb fir, that every private Prieft, with 
 little Charges, ol-tain'd Exemption from the Superiority of his Bifhop, not only in 
 Cafes of Correction, but alio to get himlelfordainVl by wiiomfoever he pleas'd^ and 
 in fhort not to own the Bifhop on any account : And altho' in the Council oiCon- 
 Jhvicc, on the earncfl and repeated Complaints of the famous Gerjon \ very many 
 Exemptions were annulPd ; and laft of all in the Council of ifrent % fo many 
 Grievances were infome meafure redrefs'd : Neverthelels the Court oi Rome has not 
 wanted Ways and Means, fal'va authoritate Concilii, to put Matters on the Footing 
 we lee them yet ftand on. 
 
 THIS aggrandizing of the Monaftick State, brought not only great Riches 
 to the Monks, but confequently much greater to the Court of Rome, where they at 
 laft ccnter'd. The Popes not only encourag'd them in their Acquifitions, and kept 
 the Sources always open, but likewife by fevere Anathema's prohibited the Aliena- 
 tion of them, and threatned thole who fhould dare to difturb them. Through the 
 Ignorance and Superftition of the People, Pilgrimages were more frequent ; Prayers 
 and Sacrifices, in order to liberate the Souls of the Dead from Purgatory, were much 
 more recommended and pradtifed. Therefore in this Age great Care was taken 
 about Singing, Ceremonies, and Officiating well : Bells began to be common in all 
 Churches and Monafteries. And the particular Devotions to Saints, of whom there 
 were innumerable Lives and Miracles compos'd, drew many in to make Donations to 
 their Churches and Monafteries. But the Monks, not fatisfied with this, but being 
 encourag'd by the Popes, incroach'd likewife upon the Tythes due to the Bilhops and 
 the Parifh Priefts. They pretended, and made their credulous Votaries believe, 
 that feeing tliey apply 'd themfelves much more than the Priefts to the Care of their 
 Souls, as knowing better how to inftrud: them in the Chriftian Doftrine by Preach- 
 ing and Sermons ; therefore they ought not to pay the Tythes to the Priefts, but to 
 them ; and in cffedl for a long Time they made a very great Havock, not inferior 
 to that which Charles Martel made in France ; {o that in the following Centuries it 
 coft a great Struggle to recover them, and reftore them to their proper Priefts, from 
 whom they had been purloin'd. 
 
 NO other Province of the World, has made appear fb much, of what Impor- 
 tance the Riches of the Monks were to Rome, as ours has done ; the greateft Com- 
 mcndams, the greateft Benefices which Ihe beftows on her Cardinals and other Pre- 
 lates, for maintaining the Pomp and Splendor of her Court, proceed, and have 
 their Rife from nothing elfe but from the Profufion of our Princes and devout People. 
 The richeft Monafteries arc given for that end in Commendam : Thofe which Time 
 has confum'd, have remain'd Funds for the great Revenues which they draw out of 
 them ; and the Rents of fb many Monafteries of which there are fcarcely any 
 Veftiges remaining, are all carried to Rome. Whence the Popes, vying with the 
 Princes, who inveft their ValTals with their Feodal Tenures, beftow Benefices on 
 theirs j and as we have got a new Body of Laws concerning Fiefs, fb likewife 
 we have got a new Jurifprudence concerning Benefices, which takes up as many 
 Volumes as the Feudal i but of that in a more proper Place. 
 
 S. Bern. ep. 12 & 1. ?• dc Confid. adEugen. 1 ' Gcrrori. traft. dc Pot 
 P. Blel'cn. Ep. 63. de flatlb. Feci, conlid. 9. 
 
 I * Sell'. 4' deRcfor.c. 4 
 
 S. Bern. ep. 12 & 1. ?• dc Confid. adEugen. | ' Gcrrori. traft. dc Potcft. Eccl. conf. 10. & 
 
 "e flatlb. Feci, conlid. 9. 
 * Sell'. 4. deRcfor.c. 4. and eJfewherc. 
 
 THE
 
 C »89 -J 
 
 THE 
 
 CIVIL HISTORY 
 
 Of the K I N G D o M of 
 
 N A P L E 
 
 BOOK VI. 
 
 H E Kingdom of Italy being transferr'd from the Lougn- 
 bards to the Fre7ich under the Dominion of Charles King 
 of Fra7ice, whom we fhall henceforth likewife call King 
 o{ Italy, or of the Longobards, was no ways alter 'd with 
 refpcd; to its Government and Polity by this Prince ; 
 he pretended nothing eife but to govern it after the 
 fame manner in which he had found it ; he ordain'd that 
 every Man might live under the lame Roma)! or Loti- 
 gobard Laws as they thought beft : But he added 
 Laws of his own to the Longobard. He d^d not dilturb 
 the Greeks in the PoflTeflion of thofe Cities of Rrutinm 
 and Calabria, which v/ere fubjedt to the Emperors of the Eaft i neither did he 
 attempt any Thing againft the Dukedom of Naples, nor thofe of y//>'/^//)/^/j and 
 Gaeta which bclong'd to the Greeks. As for the three famous Dukedoms o( Friuli, 
 Spoleto, and Beneniento, he pretended only, that as they were formerly lubjed: to 
 the Longolard Kings, and received their Laws, they (houid continue, with the reft of 
 Italy, to be a Part of the Commcnweakh ; Co likewife they were to acknowledge 
 him to be King of Italy, protefting that he would allow them to have the iame 
 
 G g g g Power
 
 lyo The C i v i l H | s t o r y oj Book Vi. 
 
 Power and Authority which they had enjoy d under the Lor.gchard Kings liis 
 Predeceflbrs. He retain'd only the Sovereignty of the Exarchate of Kavenua, 
 PcKtapoUs, and the Rpz/at;; Dukedom, which he adjudg'd to the Church of Ro/Wi-. 
 All the other Pro\inccs, fuch as Lyguria, Aimiliii, Veuetiir^ I'v.fcama^ and the Alpes 
 Cottia, he retain'd under the Title of a Kingdom ', which is that Part of Italy 
 that afterwards was call'd Lomhardy. 
 
 HE allow'd the other Icifcr Dukes the free Government of their Dukedoms, con- 
 tenting himfclf with the Oath of Fidelity which they fv/ore to him ; neither did he 
 give away their Dukedoms to others, but for Felony, or in cafe they died without 
 Sons ; and when this Conveyance from one to another was made, it was call'd 
 Livejlitttre : Whence it came, that Fiefs were not granted but by Inveftiture, as 
 was afterwards obferv'd with refped: to other Feudatories and Vafl'als, Counts, 
 Captains, and others, who were call'd r'irj(7/o//i-j. The Cities of thofe Provinces, of 
 which his Kingdom, afterwards call'd Lnmbardy, was compos'd, were govern'd by 
 Counts, to whom he granted all Jurifdidiion. For prefer\ing the Borders of the 
 Kingdom thofe Magiftrates were like wile appointed, from whom fome will have itj 
 that the Title of Marquifs had its rife ; for the Fre?icb and Germans call their Borders 
 Marches : The Counts who were appointed to govern them, were likewife after- 
 wards call'd Marqv.ifes j tho' fome lay, that this Word is otherwife deriv'd, as we 
 fhall relate by-and-by. Thefe were the ordinary Magiftratcs that were appointed 
 for the Government of the Cities, and the Borders of the Kingdom. 'I here were 
 likewife lome extraordinary Magiftrates, to whom greater Authority and Juris- 
 diction was given, than commonly was allow'd to the Counts; they had the Inipe- 
 ftion of the Adminiftration over all the Kingdom, and were call'd Mejjevgers. They 
 divided and diftinguifh'd the Fields of each City, which under the Longobards were 
 too confus'd, and occafion'd many Difputes among the People about their Bounda- 
 ries ; they appointed every one its own, and for the moft part, by following Nature, 
 caus'd Mountains, Bogs, Rivers, Rivulets, Valleys, or other perpetual and lafting 
 Limits to fcrve for Marches, that Time might not alter and confound them. 
 
 HE likewife oblig'd the Cities to take an Oath of Fidelity to him ; and impos'd 
 a kind of Tribute upon them, and upon the Fiefs, Churches and Monarterics, which 
 they were to pay him, particularly when the Kings came from France to Italy : 
 Thefe Tributes were call'd, Fodertua, Paratam, & MaiiJJonaticiii/i, which afterwards 
 were in part, and at lafl: altogether remitted for him and his SuccefTors, by his 
 Generofity. He likewife had a Mind that Italy fhould retain fome Shadow of 
 Liberty ; and as the Cuftom o( France was, that when the King refolv'd to delibc- 
 i-ate upon weighty Matters, which concern'd the Good of the Kingdom, he conven'd 
 all the States, as well the Ecclefiaftick, as that of the Barons and Great Men of the 
 Realm, fo he alio introduc'd it into Italy j thus every time that he return'd hither, 
 he was wont to call a general Parliament of the Bifliops, Abbots, and Barons of 
 Italy, in which the weighty Affairs of the Kingdom were conlijlted. The Longo- 
 bards had only one State, compos'd of Barons and Judges. The French in the 
 Time oi Charles the Great had two, that of the Ecclefiaflicks, and of the Nobility ; 
 the third State has been added fince. Which Cuffom lafied in Italy till the Time 
 of the Emperor Frederick I. whence it was, that the Emperors of the \\ eft, upon 
 their Arrival in Italy, were wont frequently to call thofe AfTemblies, and often at 
 Roncaglia, a Place not fir diffant from Placentia ', where they publifli'd many 
 Laws, as fhall be fhewn more particularly in the Progrels of this Hiftory. 
 
 THE Affairs of Italy being thus fettled by Charles, he left a ftrong Garrifon in 
 Paniia, and in the Year 774. return'd to France, whither he carried Dcfidernis and 
 his Wife, in order to make his Triumph more Majcftick. Every Body would have 
 believ'd that Italy under the Government of fo great a Prince, and w hen the Arms 
 of the French were fo famous and formidable over all Europe, would have continu'd 
 long in Peace and Quiet. But the three famous Dukes of Fntdi, Spoletiuvi, and 
 efpecially our Duke oi Bcneventunt, fcorning to be fubjed to foreign Kings, and 
 thinking that it ill fuitcd with their Dignity, the Kingdom of the Longobards being 
 extindl in Italy, to be under the Government of the French, rclbh 'd to fliake off 
 the Yoke intirely, and to make the Dominion of their Dukedoms which they held 
 
 ' Sigon. pag. i6j. de R. Ital. Ipfe fibi nomine [ ' V. riancVciifcin dilTerr. de Majumls, 
 Regni retinuit. Maicampis, &: Rt ncaliis. V. Dufreli.c in Lexic. 
 
 under
 
 Book VI. /Z;^ K I N G D o M 0/ N A P L E S. 291 
 
 under the Longohard Kings, from Dependent, AblbJutc and Sovereign. Befides 
 they were Favourers of Adal^iftis, the Son of Defidertv.s^ who had retir'd to Con- 
 jiantinople^ where he ftay'd with the Greek Emperor, by whom he had been honour'd 
 with the Title of Patrician ; and they keeping a fecret Correfpondcnce with him he 
 had ingag'd the Emperor to fiirnifh him a Fleet in order to come to Italy. 
 
 THE firft was Kodgaudtis Duke of Fritili, who wliilft Charles was employ 'd in 
 the Wars with the Saxons^ renounced his Allegiance, and fet up for Sovereign in his 
 Dukedom. But the King being difengag'd from the Saxon War, and return'd to 
 France, confidering that this Revolt might be of dangerous Confcquence, if he did 
 not crufh it in the Bud, refolv'd to go to Italy anew, and being arriv'd in Friiili 
 with a powerful Army, defeated that of the Rebel, and Kodgaudus being taken, he 
 caus'd him to be beheaded for an Example to others. He did not give the Dukedom 
 to another, but for that Time extinguifh'd it, and added the Cities of it to his King- 
 dom, giving each of them a Count for Governor, as he had done to all the other 
 Cities o^ Loiiibardy. Thus ended the Dukedom of Frinli, the firll that was erefted 
 under Alboimis ; the firft likewife that was extinguifli'd by Charles the Great. How- 
 ex er 'tis true, if we may give credit to Paulas ^Emilius ', that Charles reftor'd this 
 Dukedom, by making a certain Henry, a Frenchman, Duke of it ; but it did not 
 laft long, neither is it fo much mention'd afterwards as thofe of Spoleto and our 
 Benevento. 
 
 HlLDEBKAKD Duke o? Spoleto, being frighted by fo terrible an Example, 
 and induc'd by the Profperity of Charles, who had gain'd innumerable Vidories, 
 both in Spam and Saxony, thought it his beft way, by paying him extraordinary 
 Refpeft, to keep himfelf in his Favour, and fubjed: himfelf to him, as formerly he 
 had done to the Longobard Kings his Predeceflbrs. 
 
 ' Paul. .(^mll. de reb. Franc. 
 
 CHAR I. 
 
 Of the Tiiikedom of Benevento, its Extent atid '^Polity. 
 
 HE Dukedom of Beneiento was the only one, which will appear 
 incredible, that could not be fubdu'd by fo potentand glorious a Prince ; 
 it alone remain'd free from the Dominion of the French, tho' Charles and 
 Pcpm his Son, whom the Father made King of Italy, had often im- 
 ploy'd their Power and all their Art to reduce it. But if we will con- 
 fider its flourifhing Condition, its Extent, and the Power it had attain'd 
 to in thofe Days ; it will appear neither Itrange nor wonderful, that the French were 
 not able to conquer it. 
 
 WHEN Deftderhis and the Longobai-ds were vanquifli'd in Italy, ,the Dukedom 
 of Benevento was govern'd by Arcchis his Son-in-Law ; its Borders had never been 
 fo far extended as they were during his Government ; it compreliended almoft all 
 that which we now call the Kingdom of Naples ; and excepting Gaeta, the Dukedom 
 of Naples, whofe Dominion reach'd only from Cmna to A/nalphis, and Ibme other 
 Cities of Brutnim and Calabria, which were as yet fubjed to the Emperor of the 
 Eaft, all was under the Dominion of the Bcnevenfan Lnngobards. According to the 
 Limits which the moft careful Pellegriniis ' has afTign'd it, towards the Weft it 
 
 Pellcgr. in dilTerr. dc finlb. Ducat. Bcncv. 
 
 reach'd
 
 ipi The Civil History of Book VI. 
 
 reach'd to the Confines of the Dukedoms of Rome and Spoleto, comprehending Sora, 
 yirpiiw, Acre^ Aquino^ and CaJJim ; and the Lon^obards would have extended its 
 Limits further that way, had it not been that the Popes, Ibmetimes with Gifts, 
 fomctimes with Intreaties, had ftopp'd them, and made them defift from making any 
 further Progrefs. 
 
 TOWARDS the South it had Gaeta for its Boundary ; which City had never been 
 conquer'd by the Lougol^rrds ; it had hitherto, with many other maritime Cities, 
 continu'd under the Dominion of the Greeks ' j and tho' Charles the Great took it 
 from them, yet he gave it to the Church of Rome, as he was wont to do with the 
 Spoils of the Greeks : Neverthelefs by the Means of Arechis it was again reftor'd to 
 the Greeks ; whence proceeded the many Complaints w hich Pope Adrian ^ made of 
 the Longobards to Charles the Great. But many Years had not pafs'd, when the Popes, 
 who are \ery careful in keeping what they once get Poffcflion of, pretended that it 
 belong'd to them ; iJo that John VIII. tho' it was in the PofTeffion of the Greeks., did not 
 ftick to give it to Pandolpbus Count oi Capua ; and Terracina, which likewife belong'd 
 to the Confulfhip of our Campania., as we have feen, and fubjed to the Greeks, was 
 alfb given to the Popes, of which we fhail have occafion to difcourfe particularly. 
 Neverthelefs the Dukedom of Benevetito on this Side reach'd toCiiina, comprehend- 
 ing Mmtv.rno, Vidti'.rno, and Patria, by the Ancients call'd C/aniiiin, Places not far 
 from Capua, which was now under the Dominion of the Dukes of Benevento^ and 
 govern'd by Counts whom they fent thither. The Bcneventans once, invaded and 
 took Cnma, but as we have faid, were v/ith a great Slaughter repuls'd, and it was 
 retaken. They could not take Mi/em, altho' not far diftant from their Borders j 
 nor the other Cities of the Tyrrhenian Sea, fuch as Stabia, Sorrento, and Amalphis, 
 which at this Time were united to the Neapolitan Dukedom ; but all the other Cities 
 and inland Places of Campania, from the Time of Grii?!oaldiis, were fubjeded to the 
 Dukedom o( Benevento, fuch as TeaJio, Candio, Sarno, Nola, which at this Time 
 was call'd Cimiterittm, and likewife Soilerno. It alfb extended its Confines from Saler- 
 no beyond Cofenza, excepting Acropolis and the Promontory, which is now commonly 
 call'd the Cape of Licofa, and the other maritime Places with Reggie, which con- 
 tinu'd under the Dominion of the Greeks; all the other inland Places ofLiicania and 
 Bri'.tium, to wit Pefto, Conca, Cajjlvno, Cofenza, and Laino, and other Cities, were 
 fubjedted to the Dukedom of Benevcntum. 
 
 I T extended itfelf no lefs towards the Eafl : Once Atttaris carried his viftorious 
 Banner to Reggio; but, as we have (aid, this was an Incurfion like that which the 
 Longobards afterwards made to Crotone. This Point of /fir/y was always preferv'd 
 by the Greeks, neither did the Bencventan Longobards extend their Dukedom on this 
 Side further than Cofenza and Caffano ; but on the other Side they poffefs'd I'arantOy 
 and had likewife a great Part oi Calabria, and excepting Gallipoli and Otranto, they 
 reach'd as far as Brmdif. 
 
 TOWARDS the North they poffefs'd all Pitglia, not only the Inland but like- 
 wife the maritime Places, from Bari to Siponto, and the Promontory of Gargano, 
 with all the adjacent Country, was under their Dominion. On this S'de they could 
 not conquer the Ifland of 1'remiti, becaufe the Longobards not having Sea Forces 
 could not come at it. Charles the Great got it afterwards, whither he fent 
 p. Diaconus into Exile. Their Borders were extended further on this Side ; for 
 bcfides the inland Places of Puglia, fuch as Lticera, I'ervwli, Ortona, and fbme 
 maritime Cities, and all that Part which we now call Aprtizzi, all was fubjedl to 
 this Dukedom, as was Cbieti with the adjacent Country, and all the other inland 
 Places of that Part of Sannio, which afterwards was call'd the Contado di Molife, 
 fuch as Siipino, Bojano, Ifcrnia, and other Cities, and all the County of the Marf, 
 which bounded with that of Sora. 
 
 THESE were the Boundaries of the Dukedom o{ Benevento ; it comprehended 
 almofl all thefe four Provinces into which this Part of Italy was divided by Confian- 
 tiue the Great, and the other Emperors his Succeffors ; to wit, Campania, Sannio, 
 Puglia and Calabria, Lucania and the Briitii : In fhort, excepting the Neapolitan 
 Dukedom, Amalphis, Gaeta, and fome other maritime Cities of Calabria and the 
 Briitii, it comprehended all that is now call'd the Kingdom of A'-^p/ej ; and of the 
 
 • Conftant. Porphyr. ue Admin. Impcrlo, | Suiium die 7 Julii. 
 cap. 27- Aiictoi-. Itincravii S. VVillibaldi apud I ' Upift Hadr. 75. 
 
 twelve
 
 Bod; VI. ths Kingdom of N A P L li S. 2p> 
 
 twelve Provinces, of whicli this Kingdom is now compos'd, nine were compre- 
 hended in the Dukedom of Benevento : Thcfe are now T'erra di Lavoro^ the Co/V- 
 tado di Molife ; the liither Aprnzzo^ C.apitauata, lerrn di Bart^ Bafilicata^ tlie 
 hither Calabria^ and both the Principalities. Therefore this Part on account of 
 its Extent was call'd by t\\Q Greeks^ and i.^///7 Writers of tliis Age, Itdlui Cifti!.':riii:i 
 and the Greeks were wont alfo to call it Longobardta Minor, to diftingiiifh it from 
 the greater, which in Gnllui Cifdpina^ on both Sides the Pc, was fubjed to the 
 Lougobards, which at tiiis Day retains the Name of Lomlardy. 'I hus did Couftcjii- 
 tinus Porphyrogsnitiis ', Cedreniis in many Places, and ZoUi'-.-j on Bafilius liJacedo 
 call it ; and Porpbyrogeiiitns in his 7'her,idta "■ fpeaking of tiie Irruption of the 
 Saracens into Bari, calls it fimply Lnngobardia : Whence it came to pais, that 
 Bcue-rentum being exalted to be the Head of fo large a Dukedom, as Pavia, the 
 Head and Seat of the Longobard Kings, was by the Latins call'd Ticinuni ; lo this 
 City, as being the Head and Seat of the lefTer Loi?ibardy, by the Latin Writers of 
 this and the following Age, was alio call'd T^icinmn, wiiich tiie moft accurate Pc/i'e- 
 griuits in his Preface to the Anonvmous ' Salevnitantis fhews. 
 
 AT this Time P. Diacontis '^ thought Bene'vent/im defer v'd to be call'd Ctintas 
 Opulent iffwia, and Head of many Provinces ; a City reputed then the moit polite 
 and magnificent of all the Cities of our Pro\inccs ; and it rais'd its Head much 
 higher, when Arecbis by building the Gtta Xo-va clofe by it, made it much larger, 
 and more populous. And when Learning was almoft quire loft in Italy, and except 
 among the Monks, there was nothing but grofs Ignorance ; Benevejiti'jn alone, in 
 the midft of fo much Barbarity, took care to preferve Learning. The Anonymous 
 Salermtanns ' relates, that in the Time of the Emperor Lewis, there flourifh'd 
 Thirty-two Philofophers in Bcneventnfn : Tentpore quo Lodovicus prxerat Sa:iinitibus^ 
 triginta dt'.os Pbilofopbos Beneventum habehat. Not that they were truly luch, as 
 the careful Pf/Zfj^r/w/.'^ obferves, but according to the Cultom of thofe Times, all 
 thofe were call'd Philofophers who profefs'd human Learning. P. Harnefr.'de, 
 Deacon of the Church o{ Aamleja, notwithftanding his being io much attach'd to 
 his Longobards, by which he had fb often offended Cb.nies the Great, yet in Con- 
 fideration of his Learning always found Favour, and had no other Punifhment 
 inflidted upon him, but Banifhment to 'J'reiuiti. From the Name then of fo magni- 
 ficent a City this vaft Dukedom took its own ; whence likewiie it came to be call'd 
 the Province oi Bcr.cventu.n by Leo ^ OjUenfis, or abfolutely Bcneventiim, according 
 to Erchempcrtus ' : Whence thole Bifhops who were fent by Arechis to meet Charles 
 the Great, in order to fofcen iiim, are call'd by the Anonymous Salermtanns, Bene- 
 lentani Antiftites, jull fo as S. Gregory the Great call'd thofe who were fet over the 
 Churches of the Dukedom of Naples^ Neapolitani Epifcopi. 
 
 THIS Extent, with refpedl to the Adminiftration, likewife occafion'd a new 
 Polity, and a Divifion of the Dukedom into fmall Provinces, which were call'd Con- 
 tadi,' ov Gdjialdati, each of which had a feparate Government, and the Cities of the 
 Dukedom were under the Dire6tion of many Officers, it being impoffible for the 
 Duke alone to have the immediate Diredlion of them ; therefore the Adminiilration 
 of many of them was given to the Longobard Lords who had fignaliz'd and 
 diftinguifh'd themfelves in the Wars, and thefe were call'd Comitcs or Gaftaldi, 
 inferior however to the Dukes, on whom they depended ; whence the Counts had 
 their Rife in our Country. Mitola having behav'd himfelf ib well in the Waragainfl 
 Ccnlans, for a Reward of his Valour was made Count of Capua by Griraoaldus, as 
 we have faid : And thus from Time to Time many Cities of this Dukedom were 
 given to Counts, to be govern'd by them with full, tho' dependent Authority ^ neither 
 were they remov'd from the Government and Adminiftration of them, but for 
 Felony, or at Death: And in proceis of Time it becam.e a Cuftom, that if their 
 Male-Line was not extinft, the Counties were not transferr'd to another Family. 
 
 IN this manner were the Counties and Fiefs introduc'd among us: Formerly the 
 Word Count did not denote Dominion, but Office ; they were call'd Counts, be- 
 caufe their particular Office was to prefide in the Afiemblies, or Meetings of Men 
 
 ' Lit), de Adminidr. Imp. cap zp. 
 
 '■ Conft. Porph dc Tliem. lib. 2. Them. XI. 
 
 ' Pag. 161I. num. 9. 
 
 * Paul. Diac. lib. 2. cap. 11. five 20. 
 
 ' Anonym. Salcrn. in hid. Longob. apud 
 Pellcg. in Prif.it. ad Anonym. Bcncv. 
 
 " Lib. I. cap. 19. 
 
 ' Erchcmp apiiJ Pell. num. i. 
 H h h h who 
 
 •*
 
 2p4 ^^^^ Civil History of Book Vf. 
 
 who were feiit upon fome Expedition ; they diftributcd Juflice, and prc-fided in 
 the Publick Courts for deciding Controverlies amongft the People committed to 
 their Charge, which is clear from the Longcbanl Laws '. The Government of 
 the Cities and the Country about them, was given to them, not as Troprietori;, but 
 Officers : Sometimes Counties were given for Life, and Ibmetimes for a certain and 
 determinate Time ; however the Longohard Princes were wont to confirm them 
 Yearly, in order to keep them always in Subjeftion and Dependent, that being 
 Tenants at Will, they might not be induc'd to plot any Thing in prejudice of the 
 State. But when by long Experience they were i'ure of their Fidelity, and that the 
 County committed to their Charge had been govern'd with great Uprightnels and 
 Jullice, it began to be a Cuftom among the Princes, of whom they delerv'd well, 
 to give them in Fief and Dominion, that which formerly they held as Officers ; 
 however this was reftricted to their own Perfons : Whence, as our Mariuiis Fre/aa 
 well obfervcs % the Counties did not go to Heirs ; therefore we often read in old 
 Charters fuch a one call'd Comes & Doniiiuis, which imports, that for his fignal 
 Service and Fidelity he had obtain'd the County in Fief and Seignory, which for- 
 merly he had only the Adminiftration of Afterwards in procefs of Time, out of 
 CompafTion, it became ufual, that the Fief went to Sons, but never to Heirs j for 
 if the Fiefs were taken from the Sons, they would be reduc'd in an inftant to extreme 
 Miferv and Poverty, which would ill luit with the Noblcnefs of Blood : On the 
 contrar\', would (lain and extinguifh it altogether. Thus did Fiefs and Counties 
 begin in thefe our Provinces under the Bcue-veiitan Longobani Princes, before they 
 were in thofe which were fubjeft to the Greeks. Therefore the Counties into 
 which the Ben event an DvktAom was divided, multiplied very much afterwards 9 
 the firft was the County of Crp/'a, which, as we fhail iTiew, became thereafter a 
 very large and noble Principality ; next to it the Counties of Marji, Sera, Molife^ 
 ^priizzi, Confa, and many others which gave Names to the Provinces into which 
 the Kingdom is now divided. Therefore theVrmces oi Beueventuu^ by reafon of 
 the Number of their Counts, appear'd in greater Splendor ; from many of which 
 the moft illuftrious Families of the Kingdom derive their Origin ; fuch as the Counts 
 of Aquino.^ I'tano, Pemia, Acerenza, S. Again, Alife, Alhi, Bojano, Cajazza, 
 Calvi, Capua, Celano, Chieti, Confa, Carimla, Fciidi, Ifernia, Larino, Lejina, 
 Marft, Mignano, Molife, Morono, Penna, PietrabbondaJnte, Pouteeor-vo, Prefenzano, 
 Sangro, Seflo, Sora, ^clefe, 'Tervioli, Trajetto, Valve, and Venafro ; that as Charles 
 the Great was faid to have been the greateft Maker of Count Palatines, fo were our 
 Senevejitan Princes the greateft Makers of Counts. 
 
 FROM the Time of the coming of Alczeciis Duke o{ Bulgaria, the Cajlaldati 
 were alfo introduc'd ; the Caflaldi were inferior to Counts, and as the incomparable 
 Cttjdcms accurately obferves, they were not properly Feudatories ; they were as 
 Guardians who got the Cities or Villages Jure Gajlaldix ; they held them not Jure 
 Feiidi, as if they were perpetually to enjoy the Profits of them, but the Government 
 and Adminiftration ofthem weregiven for a Time, with this Claufe,(3'K!7;;^P/Cii/«i-(r; and 
 it was in the Option of the Granter to refume them at Pleafure, as Grnmaldus did 
 when he gave Stipino, Bojano, Ifernia, and fome other Places in their Neighbourhood 
 in Caftaldato to Akzeciis, and therefore he would not allow him to be call'd Duke, but 
 Caftaldtts : whence we often read in Erchempertiis ^, and Ojlienfis, that thofe who were 
 made Caftaldi afpir'd afterwards to be Counts, as Ateuulpbiis pretended, who from bc'ng 
 Caftaldtts of Capua, by the Help of Athanafus Bifhop and Duke of Naples, was made 
 Count of that City **. Whence we clearly fee, that the Office of the Crt^^/t// was not lb 
 mean, and confin'd only to the Government of the Kings Houfcs or Courts, or Villages 
 and Farms, but likewife extended to that of Cities. Thofe to whom the Charge 
 of Farms and Villages was committed were alio wont to be calfd Cafaldi ; and of this 
 Sort the Longobard Laws make mention in many Places ', as alfo our feodal Laws: 
 This Title came likewife to be given to thofe who had the Charge of the Revenues 
 of the Church, who by Urban II. " are call'd Adminiftrators of the Eeclefiaftical 
 State; whence the Monafteries of Nuns alfo had their Ci:z/?^/<i/,. of which befides 
 
 ' Lib. a. tir. j-i. 
 ' I-rcccia dc Subfeud. pag. 71. 
 ' Eicliemp. num. 65- & 66. Ofticnf. lib. 
 I. C.48. 
 
 * Erch. num. 62. 
 
 ' Lib. I. rit. :;4. &: lib. 2. tic. 17. 
 
 * Caufa I. quxfi. ;. can. 3. Salyator Dufrefne 
 in Lcxic. 
 
 more
 
 Book Vf. the Kmc DOM cf NAPLES. 295 
 
 more ancient Inftances related by Pclkgriiius^ John Boccacio can give us fufficient 
 Teilinnony, with w hich Office, as a Reward of his continual Labour, Mafetto da 
 Lamporechio was honour'd by the Nuns of that Place i befides, thole were cali'd alio 
 C.!f}aldi, who were fct over particular Cities by publick Authority, and who had 
 the Care and Ci\il Government of them ^ and befidcs the Charge of publick Affairs 
 they were wont to prefide in the Courts of Jriftice, for which they had Salaries ap' 
 pointed by the Publick, and fom.e Revenues aflign'd tiicm, which were by our 
 Feodal Laws faid to be due to them nomine (lajialdice. They were by their Office 
 to do Juftice to, and overfee the People under their Command, and to decide their 
 Controverfies after the fame manner that the Counts did, which is evident from the 
 Longobard Laws' ; which they did not do without the Advice of one or more Law- 
 yers % who were their Afleflbrs: I'hereBre the Cuftom which continues in oor 
 Kingdom, of giving AfTeffbrs or Judges to Covernors, is more ancient than Ibme 
 have bclie\'d. But the Caflaldi, belides the Civil Power, had fometimes likewiie 
 the Military, which is maniftft from a Law o^ Kotans's 3, and from whvit Anaftafius 
 Bihliothecanus relates of the War ofCiima, in which near Three hundred LoT.^oba;-ds 
 with their Caflaldus who led them on, and had the Charge of tliat Expedition, 
 were kill'd by the Duke of Naples : By all which, if we will not believe what 
 Cajnctits lays of the Difference -betwixt thefe Cafialdt and real Feudatories ; to wit, that 
 thole as Guardians were appointed for a Time, and not perpetually, we Ihall not 
 know how to diftinguifn the Counts from the Caftaldi by more clear Marks. And 
 tho' CamlUis Pcllegi-iiins, not liking the Opinion of Qijacius, has endea\'our'd to 
 diitinguifli them by faying, that tho' the Caftaldi agreed with the Counts in many 
 Things, neverthelels their proper Office was to have the Infpedion of publick Mat- 
 ters, deriving it from the Etymology of the Words Gt{afr and Haldai, \\ ords of 
 the German Idiom^ which the Lou^ol^ards often made ule of % which means nothing 
 elfe but Hofpitum rcuere, which Vtto Amerpacbio obier\ es in his Notes on the Capi- 
 ti'.laria of Charles the Great ; and Ilofpitma not being applicable to a private Houle, 
 but to that of the Magillrates or Town-Hall, therefore he is of Opinion, that the 
 particular Charge of the Gafhildus relating to publick, and not to private Matters, 
 he was by that diftinguilli'd from the Count : Neverthelefs be that Derivation 
 as it will, and tho' originally this had been the Office of the Cajlaldi, yet feeing 
 afterwards they were put over intirc Cities, with the adjacent Countries, and had, 
 as we have leen, all Power both Civil and Alilitary committed to them as the Counts 
 had ; thefe two Offices will always be confounded, if we fay not, that the one was 
 for a Time, and the other perpetual, and given propria Jure Feudi; and tho' in the 
 Beginning they were on the lame Footing with the Counts as to the Duration of 
 their Office, neverthelefs in procels of Time, the Counts were not depriv'd of the 
 County, but either for Felony or Death, and afterwards it was leen to delcend 
 to their Male Children. There was alfo another Mark whereby they were diftin- 
 guifh'd, for the Title of Count denoted Dignity, and that of Caftaldus Office ; 
 whence we often read in old Charters, Dignitate Comes, -miinere Caflaldus. 
 
 Flow EVER tho' the Dukedom of Rene-vent iim was divided into many 
 Counties, and Caflaldati., as it was into Provinces, which is manifefl from the 
 Capitiilaria of Radelchifls Yi'ince of Bencventiim ; yet their Number and Extent 
 have not appear'd from Hiftorians : however the moft remarkable were thole of 
 Taranto, Caffano., Cofeuza, Laino, Lucania, or Pefto, Montella, Salerno, and that 
 of Capua ; the largeft were thofe of Capua and Cofenza ; that of Capua reach'd 
 towards the Weft to Sora ; that of Cofenza, on the other hand as far as S. Enphemia 
 and ^ropca. There was alfo the Caftaldatv.s of Cbieti, which comprehended many 
 Cities and Towns ; that of Bojano with the adjacent Places, eftablilh'd by Griiiid' 
 nidus in the Perlon of Aiczecus the Bulgarian, which Two hundred .Years there- 
 after, was poflTefs'd by Guandalpertus '. This fpecial Grant was transferr'd fi-om 
 Bojano to Mdife, in its Neighbourhood ; whence it was firft call'd the County of 
 Molifc, and afterwards the Province of the County of Molife, which Title it rctaias 
 to this Day. There were thofe of T'elefe, S. Agata, Avellin'', and Accrenza, Bar/, 
 Lucira, and Siponto ; and in Ihort, there were Cajlaldi, or Counts appointed to all 
 
 ' Lib. 2. tir. f2. 1. iq. ex Pcpiiii Rc^is Confi. i ' Lib. I. tit. 14. 
 * Camill. Pel. dif. Due. Ben. in antiq. Prov. [ * L. K. tic. 14. lib 1 
 Sec. pajj- Si. 1 ' Erthemp. num. 29. 
 
 the
 
 1(^6 
 
 TJoe Civil. History of 
 
 Book vr. 
 
 the moft confpicuous Cities of this Dukedom ; in the Diftribution of which there is 
 no reo-ard had to the ancient Polity or Difpofiticn of the Provinces, according to the 
 Divifion made of them under Conftantine and his Succeffors ; that fail'd altogether, 
 and a new one arofe. 
 
 IN this flourifhing Condition was the Dukedom cf Beiieveutum when the io;/go- 
 hards were vanquiih'd and defeated in Pavia. But Military Difciplinc had not 
 decay'd among the Bene-ventan Lougobards ; they had always been kept in Excrcife 
 by the Neapolitan Greeks^ with whom they had continually cruel and obftinate Wars ; 
 for the Lnngobards always endeavoured to reduce the Dukedom o£ Naples under their 
 Dominion, as they had done almoft all the other Farts of thefe Provinces, which 
 now make this Kingdom ; the Power and Bravery of the Neapolitans was the more 
 confpicuous, in that they were obiig'd to fight with unequal Forces, and to contend 
 with an Enemy as near, as numerous and powerful ; They refifted with fo much 
 Intrepidity and Valour, that the Benei-entans were not able to fubdue this Duke- 
 dom ; and it was but in the latter Times that they made it Tributary. After 
 having (hewn in what State the Benenjentan Longobards were, when their Kings 
 were driven out of Italy, it will now be fit that we likewife give an Account of the 
 Fate and Dominion of the Greeks, which they as yet had in rhele Parts, and which 
 thev continu'd to keep in the lame manner that the Beneventans did, after that 
 Charles the Great had made himfelf King oi Italy. 
 
 CHAR II. 
 
 Of the 'Dukedom of Naples, its Extent and 'Polity. 
 
 HE Empire of the Eaft, after the Invafion of the Barbarians, who had 
 made themfelves Mailers of Egypt, Africa, Syria, Perfia, and other 
 large Provinces of yifta, was confin d to Afia Minor, Greece, Thrace, 
 and a fmall Part oi Italy, with the neighbouring Iflands ; and there 
 was no further regard had to the ancient Diftribution of itsProvinces, 
 for its Form being chang'd, new Divifions into Diftrifts, fome greater, 
 fome leffer, were introduc'd, and were call'd T^beuiata, which had their particular 
 Governors. Confiantintis Porphyrogenitv.s ' compos'd two Books of them ; in the 
 firft he number'd the 'Tbeniata, or Provinces of Afia, which were feventeen ; in the 
 fecond thofe of Europe, whofe Number was twelve. Amongft the fhemata of 
 Europe, Sicily is the tenth, and Lombardy eleventh. Which Name of Lombardy the 
 Greeks gave to that fmall Remnant which they had of Italy, according to their 
 "Vanity and Cuftom of retaining the Name at leaft of what others had made them- 
 felves Matters of in that Empire ; as for the reft, the greater Lombardy had been 
 pofleftcd by the French, as the lefler by the Beneientan Longobards. The Countries 
 which Confiantinus '■ reckon'd under the I'heiiia of Lombardy, which were fubjedt 
 to the Empire of the Eaft, are thofe of the Dukedom of Naples, which City he 
 therefore likewife honours with the Title of Metropolis, as being the Head of a not 
 defpicable Dukedom, and the ancient Calabria, which it ftill was Mafter of The 
 Briitii together with Rcggio, Girace, Sanfla Scverina, Crotone, and other Cities, 
 qiiibus Prcetor Calabria doriiinattir, which are his Words ", are afcrib'd to the ^hema 
 of Sicily. 
 
 Conftant. Porph.de T'lcnat. Im Orient. 
 Conft. loc. cit. Th. XI. Neap. Metropolis. 
 
 I 
 
 •' Conft. loc. cit. Them. X- 
 
 AFTER
 
 Book VI. //7^ K I N G D o M 0/ N A P L E S. I97 
 
 AFTER the Exarchate of Ravenna^ which was the chief Magiftracy that the 
 Emperors of the Eaft had remaining in thele Weftern Provinces, and on which all 
 the other Dukedoms depended, was extinguifh'd in Italy ^ the Greeks not having 
 any other Thing left in the \Veft, but Stctly^ Calabrta^ the Dukedom of Naples 
 that of Gaeta, and fome other maritime Cities, appointed a new Magiilrate for the 
 Government and Adminiftration of thefe Countries, whom they call'd Patrician or 
 Deputy ; and to each I'hertia they fent a particular Patrician to govern jt. Conjian- 
 tine ' himfelf in his other Book De Adviiniftramio Imperto, jumbling as ufual true 
 Fadls with fabulous ; and not remembring what he had wrote in the fecond Book of 
 his 1'heinata^ fays, that from the Time that the Seat of the Empire was tranflated to 
 Covftantiuople, there were two Patricians lent to Italy by the Emperor of Conftanti- 
 uople^ one to govern Sicily, Calabria, Naples, and Amalphis j and the other, Bene- 
 veatuni, Capua, Pavia, and the other Places of that Province j and that each of 
 them paid a yearly Tribute to the Emperor's Exchequer : He adds likewife, that 
 Naples was the ancient Seat of the Patricians, and that whoever govern'd this City, 
 had alfo Sicily under his Jurifdidion ; and that when the Patrician came to Naples^ 
 the Duke oC Naples went to Sicily. Altho' this Account be repugnant to all Hiftory, 
 for after the Imperial Seat was tranflated to Confiantinople, Italy was not govern'cl 
 by Patricians, but Confulares, Corre£forcs, and Prxfides, all of them under the Prx- 
 fecius o? Italy or oiKome ; and it was not till towards the End of the Empire of 
 Jtifim, that its Polity was alter'd, when the Dukes were introduced, and the Exar- 
 chate o( Kaveiina eftablifh'd by Longiniis, neither did the Duke of Naples ever after- 
 wards concern himfelf in the Government of Sicily :, this Dukedom being compre- 
 hended, together with the ancient G?/i2^)'/^, in the 'thema of Lombardy : Neverthelels, 
 what he fays of the Patrician who was appointed for Sicily, his having likewife the 
 Adminiftration and Government of C^/^/r/^, and of all the other Places which were 
 yet fubjecl to the Emperors of the Eaft, if we will have regard to the Time of 
 Charles the Great, in which we now are, is not at all fabulous. 
 
 FROM the Extent of the Dukedom of Betie'ventum as above defcrib'd, we may 
 eafily know what was remaining to the Greeks in ancient Calabria and the Brutii, 
 and how far the Dukedoms of Naples and Gaeta extended, which for a long Time 
 continu'd under their Dominion. In ancient Calabria the Greeks had at this Time 
 remaining, after they loft 1'aranto and Brindifi, only the Cities of Gallipoli and 
 Otranto ; but in the Briitii, befides Reggio they poflefs'd many other Cities, fuch 
 as Gerace, SanSta Severma, Crotone, and other Towns of that Province. They as 
 yet likewife poflefs'd Amantea, Agripoli, and the Promontory which we now call 
 the Cape of Licofa. All thefe Places, tho' they had particular Magiftrates, by 
 whom they were immediately govern'd, yet they were at this Time intirely aflign'd 
 to the Government of the Patrician of Sicily ; for formerly only the Brutii on the 
 Mediterranean or Lower Sea, on this Side of the Fare belong'd to Sicily, as being 
 neareft to it ; forafmuch as the ancient Calabrians of the Upper Sea, which we now 
 call the Adrtatick, as alfo Naples and Amalphis, were not of that 'Thema, but as 
 Porphyrogenitiis himfelf fays in the fecond Book of his Themata, they belong'd to 
 the 1'hema of Lombardy ; but the Greeks having afterwards loft 1'aranto and Brindifi, 
 and (excepting Gallipoli and Otranto) all the other Towns of ancient Calabria j 
 the Cities which they had in this Province, with thofe remaining to them in xht Brutii, 
 and in that Part of ancient Lucania, which we now call the Hither Calabria, and in the 
 Dukedom of Naples, belong'd to the 'thema of Sicily % together with Gaeta ; fo 
 that the Patrician who was appointed for the Government of it, as Porphyrogenitus 
 fays, had alfo the Supcrintendency of Ci^/tf^n<r, Naples, inA Amalphis ; which, how- 
 ever ftrange it may fcem with refpeft to Amalphis and Naples, yet it is not to be 
 doubted as to Gaeta, which is evident from the Epiftles of Pope Adrian, who, after 
 Charles the Great had yielded Gaeta to him, which a little before he had taken from 
 the Greeks, and which Arechis had got to be reftor'd to them, writing to Charles 
 the Great, complains of the Beneventan Longobards, calling them Ncfandiffimi, who 
 being Confederates of the Patrician of Sicily, had robb'dhim of that City, andfub- 
 jedted it to that Patrician, who rcfided then in Gaeta '. Neither could the moft 
 accurate Pellegrinus deny, in relating this Place of Adrian, but that then, befides 
 
 ' De Admin, cap. 17. I ' Adrian. Ep 7;. Pellcgr. in Fin. Due. Ben. 
 
 * Pellcgr. in Dirter. de Finib. Ducat> Ben. I ad Meridiem. 
 
 I i i I that
 
 joS 7^^ Civil History of Book VI. 
 
 that Iflaiid, many other Cities on this Side of the Erw belong'd to the Government 
 of the Patrician oiSrcily, and of which he had the Superintendency. But as for 
 JV(»»/f^ 'tis faid, that by thtDeoxh oi Aittimhis, wlio fucceeded 7'beopbilus in the 
 f^eapoUtan Dukedom, Dilputes having ariftn about the Eledion of a new Duke ; 
 the Neapolitans being divided into FaAions, in order to appeafe them they were . 
 forc'dto have recourfe, not to the Exarch o£ Ravenna^ as formerly, but, there 
 being no fuch Officer, to the Patrician of Sicily, who in order to quell the Diftur- 
 bance fent "fheoelifius to be their Duke ; but he was loon turn'd out by the Em- 
 peror, for thefe Difputes reach'd Conjiantinofle, and Theodryrus Protofpatariiis was 
 quickly fent to be Duke, to whom 'fbeoclifius was oblig'd to yield the Place. 
 Whence Capacius, or whoever was the Author of the Latiu Hiftory of Naples, 
 infers that our Dukes were either diredly lent from Conftaittinople, or were cholen 
 by the Neapolitans^ who expedted the Confirmation of their Eledion from the 
 Emperor ; which Camillits Pellegrinus has clearly demonftrated. 
 
 FROM this Superintendency, which in thofe Times we fee belong'd to the 
 Patrician of Sicily, over thefe Provinces on this Side of the Fare, I believe, if it be 
 allow'd to make Conjedures about Things fo obfcure, that afterwards our Nor?rian 
 and Suevian Princes deriv'd the Cuftom of calling this Part on this Side of the Fare alio 
 by'the Name of Sicily ; whence afterwards thePopes, for the clearer Diftinftion, call'd 
 this Kingdom Sicily on this Side of the Fare, and the other Sicily beyond the Fare. 
 From the Time of the Normans the Name of Sicily was certainly common to both 
 thefe Kingdoms ; and if there be not an Error in that Charter of Rr^«* the Norman^ 
 related by UghellHs ', which was granted about the Year of Chrift 1115, and written 
 in t^e Greek Language, in Favour of the Church of S. Scveriiia in Calalria, we lee 
 from that Time the Name of Sicily citra Farnm, was in ule ; for Roger is there call'd 
 Comes Calabria, & Sicilix citra Fcfrtm. Which afterwards our Norman Kings, and 
 commonly the Smvian followed, for in the Time of thefe Kings, the Name of the 
 Kingdom of Sicily comprehended not only that Ifland, but likewile this our King- 
 dom ; of which in another Place we fhall dilcourle more at large. 
 
 NEITHER ought we to pals over in this Place another ftrong Conjecture of the 
 moft accurate Pellegrimis, who fufpeds that the Change and Transferring of the Names 
 of theft two Provinces comes from this, to wit, that what according to the ancient 
 Diftribution was call'd Brutium, and Part of Lticania was afterwards call'd Calabria j 
 and on the other hand, the ancient Calabria lofing its old Name, was firft call'd 
 Longobardia, or Piiglia, and afterwards T'erra d'Otrauto, and I'erra di Ban ; for as 
 we have laid, the Greeks before the coming of the Emperor Conftaus to Baieventum, 
 had Polfenion of Sicily and the neighbouring Briitii, and extended their Dominion, 
 befides Cofenza, over all this Coaft as far as Ag^ripoli, and the maritime Cities of 
 Campania, Amalphis, Sorrento, Stabia, Naples and Cuvia, to Gaeta on the Coaft of the 
 lower Sea ; and on that of the upper Sea, they retain'd almoft all the ancient Calabria, 
 and its maritime Cities, 7'aranto, Brindifi, Otranto, and Gallipoli, as far as Bari j 
 all thefe Places were defcrib'd in two 7'bemata, and divided into two Provinces: 
 The I. was Sicily, and the neighbouring Brtitii. The II. comprehended all the 
 other Places, tho' much leparated and divided from one another, which pals'd 
 under the Name of the ancient Calabria, and afterwards Lombardy, which at this 
 Time was the richeft and largeft Province they poffels'd. But after Conftans was 
 defeated, and his Army put to Flight by Grimcaldus, the Greeks were almoft 
 intirely ruin'd in that Province ; for except Gallipoli' and Otranto, all the Cities of 
 Calabria, as well Inland as Maritime, were poffels'd by Komualdus Duke of Bene- 
 lentuni, and incorporated into his Dukedom. But the Emperors who fucceeded 
 Conjlans, according to the wonted Vanity of the Greeks, that the Provinces of the 
 Empire might not feem to be diminifti'd in Number, the ancient Calabria not beinpj 
 intirely loft, there remaining ftill Otranto and Gallipoli, they retain'd the lame Name, 
 and applied it to the neighbouring Brutii. And fince the Seat of the Praetors of this 
 Province had been fettled by the Greeks in 7'aranto, which City was now poflels'd 
 by the Beneventan Longobards, it behov'd them to tranllate it elfewhere, and to a 
 Place where their Dominion was largeft, whereupon it was remov'd to fieggio 
 amongft the Br«f« ; thus Rf^^^/'j being appointed the Seat of the chief Magiftrate 
 who govern'd that Province, Brutium likewile got the Name of Calabrta, as did 
 
 ' Ughel. torn. 9. Ital. Sacra in Archiep. S. Severin. 
 
 alfo 
 
 I
 
 Book VI. the K ma DOM of NAPLES. 299 
 
 alfo a Part of Lucania ; fo that in the following Times they were obJig'd to divide 
 it into two Provinces, which were call'd the Hither and Further Calabria j and thus 
 was Brutinra call'd Calabria by the Greeks. 'I'he Longobards., as it happens araongft 
 Neighbours, after their Example call'd thofe inland Places which they polTels'd in 
 Brutiurn, likewife Calabria ; and the Places of the ancient Calabria., from 1'aranto to 
 Briiidifi, which they had taken from the Greeks, they call'd no more by this Name 
 but Puglia, as being adjacent to the ancient Puglta, which was before in their 
 Pofleffion : And on the other hand, what the Greeks had loft in the ancient Cala- 
 bria on the upper Sea, and which was in the Hands of the Lougobards, they call'd 
 no more Calabria, but Lombardy ; and thus did this Province lofe its ancient Name 
 which was given to another. 
 
 SUCH in theie Times was the Diftribution and Polity which the Greeks pradis'd 
 in the Places that had remain'd to them in thefe Provinces. But now it remams that 
 we give a particular Account of the State of the Neapolitan Dukedom in this Cen- 
 tury, and how far it extended its Borders, and how it has been able to contend with 
 the Beneventans for its Liberty. 
 
 THE Iduktdiomoi Naples, after T'heodorus, Sergitis, Crifpamis, Joannes, Exhi" 
 leratus, and Petrin, had fucccfiively govern'd it, was at this Time under the Admi- 
 niftration of Stephen Duke and Conful, who, as we have faid in the foregoing Book, 
 after his Wife's Death was by the Neapolitans eleded, and by Stephen III. con- 
 firm'd Bifhop of iY^/)/f J, who, notwithftaiiding this new Dignity, not very confiftent 
 with that of Duke, did not give up the Government of the Dukedom ; but only for 
 aiding and fupporting him in his Old Age, he procur'd from the Emperor Conftau^ 
 tine. Son of Irene, who at that Time reign'd in the Eaft, that his Son Cefarius 
 fhould be given him for his Collegue and Succeflbr ; but altho' he had him for 
 Collegue, he could not be his Succeflbr, being fiiatch'd away by untimely Death, in 
 the Flower of his Age, which was a great Afflidion to his Father ; who for a 
 Monument of his Grief eredled him a Tomb, on which in Acroftick Verfes (for in 
 thefe, at this Time, all the Sharpnefs of Wit and Skill of Poets confifted) he laments 
 his Misfortune, and extols the Praife and Worth of his beloved Son. The Stone of 
 this Tomb was formerly feen in the Churchyard of S. Januarius without the Walls of 
 this City, and is not as yet loft, as the late Writer of the Latin Hiftory of Naples 
 believes, but by fome unknown Accident has been tranfported to Salerno, and is to 
 be feen in the Church of the Minor Conventuals ; and tho' he had never read Chioc- 
 carelli ', Camilliis Pellegrinus, and Maza, who relate it, he might have feen it with 
 his own Eyes in Salerno, not far from Sorrento. 
 
 UNDER the Government of Stephen, the Borders of this Dukedom reach-d 
 towards the Weft as far as Cuma ; the Iflands Enaria, now call'd Ifchia, Nifita, 
 and Procida, with the other maritime Places of that Neighbourhood, luch as Poz- 
 ztiolo, Baja, Mifeno, and the fabulous Mouths of the Stygian and Averntan Lakes, 
 and the Elyfian Fields were comprehended within its Limits. Towards the South 
 the maritime Cities of that Coaft, fuch as Stabia, which is now call'd Cajiellamare, 
 Sorrento, and Amalphis, with the Ifland ofCaprea, were included in it. 
 
 A MA LP HIS, as aXfo Sorrento, were not only in tVicTrnQoi Arecbis, but 
 even to the Time o£ Sicardits Prince of Beneventam, comprehended in the Neapoli- 
 tan Dukedom. Amalphis had not as yet been disjoin'd from it, as it was afterwards, 
 when being made a feparate Dukedom, it extended its Bounds fb much, that it 
 became one of the moft flouriftiing and powerful States that was in all thefe Provinces, 
 whofe Inhabitants were famous and renown'd for their Skill in Navigation, over all 
 the Nations of the Eaft, of which we fhall have a more fit Occafion to difcourfe elfe- 
 where. Hitherto, and for many Years after, laying afide idle Stories, 'tis clear, that 
 Amalphis was united to the Neapolitan Dukedom, and under the Government of the 
 Dukes of Naples ; for one of the Efforts which Arechis made upon the' Dukedom of 
 Njples, was the Expedition againft Amalphis, to which he laid cloft Siege with a 
 powerful Armv, and burnt all the open Places in its Neighbourhood i and if the 
 Neapolitans had not gone to the Relief of that City, which was in their Dukedom, 
 and with incredible Valour had not put to flight, and difpers'd the Bene'vcntans, 
 part of whom they made Prifbnen, and kill'd a great many, certainly Amalphis had 
 been taken and fubjeded to Arechis. Adrian, who took this Attempt of the Lpt^o- 
 
 ' Chiocar. de Ep. Neap, in Steph- Camll. Pel. hid. Princ. Long, in Tumul Ma/ia dc rob. Salcr. 
 
 bards
 
 ^00 The Civil History of Book VI. 
 
 hards againft the Greeks in ill Part, gave a diftinft Account of the Succefs of it to 
 Charles the Great, which Letter of his is to be leen at this Day ', in which he calls 
 the People o^ Amalpbis plainly of the Dukedom of Naples. For which Caufe the 
 l^eapolitaiis run to their Afliftance. 
 
 IN the Time of Sicardus Prince of Beneventuw^ Amalphis as well as Sorrento was 
 fubjedt to the Dukedom of Naples^ which is manifeft from the Capitularia of this 
 Prince, printed among the Monuments of our Louz,obard Vrxncts, by Camilliis Pclle- 
 grinus, wherein Sicardus promifes to the Duke of Xapla to obferve thofe Capitu- 
 lations, which had been agreed upon after a bloody War, as well for Naples, as 
 for his other Cities, to wit Sorrento, Amalphis, and for all the other Caftles fubjedt 
 to the Duke of Naples. And in Erchempertus '■ we likewife read, that the Duke of 
 Naples fent the Inhabitants of Amalphis to fight againft the Capuan Longobards, 
 in order to oblige the Prince of Salerno, with whom he had entred into a Confede- 
 racy againft the Captians. The Anonymous Salernttamis, in a Hiftory not as yet 
 printed, in many Places takes it for granted, and fays, that the Ainalphitans had 
 their annual Counts, who were appointed to govern the City, and were fubje(5t to 
 the Dukes of Naples, as the moft accurate Pellegrimis alfo teftifies. However 'tis 
 certain, that Sorrento was afterwards fubjedl to the Longohards, becaufe we read, 
 that Landulphus created a Son of his Duke of this City s. 
 
 BUT how far the Dukedom of A'^p/w reach'd towards the Eaft and North, 
 may be eafily determin'd, for it could not extend itfelf over the inland Places North- 
 wards, as being all poflels'd already by the Bene<ventans ; and Capua being likewife 
 in their Poffeflion, much confin'd its Limits on that Side ; and on the other hand 
 Nola, Sarno, and Salerno were alfo fubjed to them. It could only keep theft open 
 Fields and fome Places round about, which by the Garrifon of the City, and the 
 Strength of their Arms they were able to defend. Only Nocera, which we now call 
 Nocera de Pagan't, an inland City, maintain'd itielf under xhc Yivkcdom of Naples, 
 fo that in the Year 839, Kadelcbijius Frince of Beneveuttm having fent Dauferius 
 into Exile, he went to Nocera, lit poti urbi time Juris Ducatus Neapolitani, as Pelle- 
 grinus fays * : Juft fo as the Romans, who being exil'd, fulfill'd their Sentence in 
 going to Naples, and other confederated Cities. The maritime Cities of this Pro- 
 vince ftood their Ground, becaufe they were defended by the Sea, and by reafbn 
 of their Situation, were inacceffible to the Lons^obards, who had no Naval Forces, 
 for which Caufe they made their greateft Conquefts over the inland Cities. 
 
 THIS Dukedom retain'd alfo a Polity like unto that of Beneventim ^ for its 
 
 ■ Cities had their particular Reclores, by whom they were immediately govern'd, 
 
 •who were likewife call'd Counts, and were fubordinate to the Dukes of Naples ; the 
 
 Anonymous Salernitanus fays the fame of Amalphis : S. Gregory the Great gives us a 
 
 certain Teftimony of the Count of Mifeno, and he makes mention of this Count in 
 
 one of his Epiftles ' ; as for Sorrento, Stabia, Cuma, and the other Places, tho' we 
 
 meet with no Veftige of it in Authors, however we ought to believe, that they 
 
 were alfo govern'd by fuch a Magiftrate. The Dukes of Naples certainly appointed 
 
 the Count of Aver/a in the Time of the Normans, becauft they founded that City. 
 
 But thefe Counts were not Feudatories, as they were in the Dukedom of Beneven- 
 
 tum : They were purely Officers, and for a certain Time, becaufe Fiefs were not 
 
 known among the Greeks j whence it came that the Provinces of Calabria and Bru- 
 
 tium, as well as Naples, knew them later than thofe which compos'd the Dukedom 
 
 of Beneventum. But with what Laws Naples and its Dukedom, and the other Cities 
 
 which were under the Dominion of the Emperors of the Eaft, were govern'd in 
 
 thefe Times, whether by thofe of Jiiftinian, whofe Pandedts were afterwards found 
 
 in Amalphis, or by the Laws of the other Emperors of the Eaft his Succeftbrs, we 
 
 Ihall have a more fit Opportunity to relate in another Place, when we fhall give an 
 
 Account of the new Compilations made by the Emperors of the Eaft in Emulation 
 
 of Juftinian. 
 
 S\J C H was the State of thefe Provinces which now make up the Kingdom of 
 Naples, when Charles King of France, after having vanquifh'd and fiibdu'd the 
 Longohards in Pavta^ and put in Fetters Defiderius the iaft King of that Nation, 
 
 ' Ep. 18. 
 
 * Erchemp. num. 26, & ij. 
 
 * PeUegr. in Seem, f rinc. Long. 
 
 * Ibidem. 
 
 ' L. II- indit 6. fpift, ji. 
 
 took
 
 Book VI. ?/j^ Kingdom 0/ NA PL ES. 301 
 
 took upon him the Title of King of Italy^ and of the Longobards, whereby he pre- 
 tended to exercife all that Sovereignty over the Dukedom of Beiieventiim^ which 
 the other Longobard Kings his Predeceflbrs had done. 
 
 
 CHAP. iir. 
 
 How Arechis changd the Tiukedom of Beneventum hito a Trinci' 
 pality^ and endeavour d to free himfe/f altogether from Suhje£iion 
 to the French. 
 
 KECHIS, to whom Defidcrius had given Adelperga his Daughter 
 in Marriage, and created him Duke oi Beneventum, difdaining to be 
 Vaflal to Charles, as he had been to his Father-in-Law, and as his 
 Prcdeceflbrs had been to the preceding Kings of the Lougobards, and 
 fcorning to fubjedt himfelf to foreign Princes, fhook off the Yoke, 
 and trulhng to the Strength of his own State, and the Hearts of his 
 Longohards, dropt the Title of Duke, and aflum'd that of Prince, that thereby he 
 might the more plainly declare his Sentiments, which were to be free, and not iubjedt 
 to another. He was the firft who calfd himfeif Prince of JS^7/fX'«/f«;«, and it was 
 the firft Time that this Title was introduc'd into thefc our Provinces, which as to 
 Antiquity is pofterior to that of Duke, Count, or Marquis, but in Dignity and Pre- 
 rogative much fuperior. The Anonymous Salermtaniis ', tho' not a fabulous Writer, 
 as Baroniiis ^ unjuftly accufes him, yet with refped to fome Fads, of a Childifh 
 Wit and Learning, relates of Arccbis, that when he was but a private Man, there 
 happen'd to him a prodigious Accident, which prognofticated this new Dignity of 
 Prince, to which he was to be advanc'd j he fays, that one Day in the Church of 
 St. Stephen in Old Capita, when many Longobard Barons, according to their Cuftom, 
 all arm'd with Swords, were alfembled with Duke Liiitprandtts, who at that Time go- 
 vern'd Beneventum ; among the reft Arechts, then a Youth, was prelent, and when every 
 one was praying, Arechis began with a low Voice to repeat the Miferere ; and being 
 come to thisVerficle, Spiritu prnicipali confiriua we, he perceiv'd his Sword to trem- 
 ble, as if fome Body had fhaken it: Arechis, fullof Aftonifhment and Fear, after the 
 Prayer was ended, told his Friends what had happen'd to him. Upon which one, 
 who was reputed the wifeft, broke Silence, and iaid to him : ithou art not to leave 
 this unjiable Life, for what J canforefee, before the Lord advance thee to a principal 
 Dignity. Which afterwards, adds the Salernitan, the Event prov'd, for after the 
 Death of Luitprandus, Arechis was unanimoufly proclaim'd Prince of Beneventum, 
 and rais'd to that illuftrious Dignity. 
 
 BUT, whoever may take Pleafure in thefe and the like Puerilities, with which 
 the Salernitan has ftuffcd his Hiftory, 'tis evident from Ercheniperttis ', Ojiienfis ", 
 and all the Chronicles which we have of the Dukes and Princes o( Bene-ventiim, that 
 Arecbis va^s the firft among us, that aiTum'd the Title of Prince. He did not Hop 
 there, but in order to give the greater Proof of his ablolute Empire, adorn'd himfelf 
 with Royal Badges ; cloathing himlelf with Purple and the Royal Mantle, grafping 
 the Scepter, and putting the Crown upon his Head ; and tiiat nothing of Royal 
 
 • An. Salern. par. i. num. ^. apud Pellegr. 
 
 * Baron ad. A. 787. num. loi. V. Pellegr. 
 da Anon. Saler. 
 
 ^ Ercliemp. num. 2 
 
 * Ofticnf. lib. I. cap. 9. 
 
 Kkkk 
 
 Dignity
 
 ^02 The Civil Histojiv of Book VL 
 
 Dignity might be wanting, he likewife caus'd himfelf to be anointed by his Bifhops, 
 as the Kings oi France and Spain were ufed to do ; and in fine, he ordain'd, that the 
 Dates of his Writs fliould be marked after this manner : Dat. in Sacratijfiriio noftro 
 Palatio. And as on the folemn Proclamation of Chriftian Princes, the Cuftom was 
 to place their Images in the Churches, in which thefe Ceremonies were perform'd, 
 fo likewife Arecbis caus'd his Pictures with a Crown upon them, to be plac'd in the 
 Churches of his Dominions ; and with an abfolutc and independent Sway he began to 
 govern thefe Provinces. He likewife affum'd the Power of making Laws, and we 
 have as yet his Capitiilaria, in which he made many Regulations ; in Ibme Heads 
 conforming himfelf to the Longobard Laws, and in others derogating from them ; 
 and what the Lougobard Kings did over all Italy, he pretended to praftife in his 
 Principality. 
 
 I N the Code of the Monaftery of the Cave feveral Times mention'd, among the 
 Edids of the Longobard Kings, we alfo read one of this Prince, which contains 
 feventeen Chapters. The firft begins. Si quis homo j and the laft ends, St quis 
 hominnm. Camillus Pcllegrinus ' tranflated it intirely in his Hiftory of the Longcbard 
 Princes, marking wherein it was conformable to, and wherein it was different from 
 the Longobard Laws. The other Princes his Succeflbrs follow'd his Example, fuch 
 as Adelcbis, Sicardiis, Kadekhifus, and others, as may be feen in their Capitularta, 
 printed by Pellegrntus ' ; fo that to the Laws of the Longobards Kings were annex'd 
 thofe of the Princes of Beiieventinn, by which thefe our Provinces were govern'd, 
 and according to which the Judges decided Controverfies, and adminifter'd Juftice. 
 The confulting about War, or Alliances, or Peace, was referv'd to Prince yirechis ; 
 he had many Wars with the Neapolitans, and many more with the French ; he 
 aflam'd to himfelf alone the making of Magiftrates and Officers of State ; the holding 
 of Courts of Juftice ; the coining of Money with his own Image on it j and all the 
 great and fupremc Royal Privileges : In (hort, the whole Care of the State, as well 
 Political as Military, with all the Rights of Sovereignty, was ronferr'd on Arechis. 
 
 C HAKL E S King oi France, who, after having in the Year 781. declar'dPif/)/;; 
 his Son King of Italy, was employ'd in other Expeditions, having heard that 
 Arcchis had thrown off the Yoke, and taken upon himfelf all the Royal Badges, and 
 rul'd in Beneientnm as Sovereign, and being likewife Ipurr'd on by Pope Adriaji, 
 who was very jealous of thefe Steps of the Bene'ventans, in the Year 786 return'd to 
 Italy with a powerful Army ; and afterwards in the Month oi April of the following 
 Year 787, he invaded the Principality oi Beneventum, and thrcaten'd to befiege that 
 City. Arecbis this fame Year 787. was involv'd in a War with the Neapolitans 
 about the Fields of Nola, but hearing of the Arrival o( Charles, who with a for- 
 midable Army was deftroying his Country, he immediately concluded a Peace with 
 the Neapolitans, being afraid they would join with the French, and granted them 
 fome Subfidies, or Diaria, as Erchemperttis calls them ', in Liblirta and Ceniitertum, 
 Fields about Nola moft fertile in Corn and Wine. 
 
 WHEN the French Army came to Beneventtim, Arechis at firft made a ftrong 
 and obftinate Refiftance ; but not having fufficient Forces to encounter a vaft Army, 
 which like Locufts were deftroying every Thing in their way ; he fortified Bene'ven- 
 tum the beft way he could, with ftrong Ramparts, and retir'd to Salerno ; and it 
 was then that this Prince furrounded this City with high Towers and ftrong Walls, 
 and that our Longobards began to fortify the maritime Cities, in order to fecure 
 themfelves from the Irruptions oit\\t French, from which they were notfo fafe in the 
 inland Places, as in thofe on the Sea-Coaft, the French not having at this Time any 
 Naval Forces to attack them ; they had been taught by the Example o( Depderiiis, 
 who for not having had the like Precaution, was made a miferable Prilbner 
 in Pavia. In the mean time Charles's Army wafted the Country, and having 
 over-run every where as far as Capua, did great Damage to the Fields, efpecially 
 to thofe of Capua. Arechis then preferring the Safety of his Subjtdls to the 
 Love of his Children, fent many Bene'ventan Bifhops to treat with Charles, and 
 to offer him Grimoaldus and Adelgifa for Hoftages, and to ask Peace of him. The 
 Conference which the Knonymom Salernitanus '* makes to have pa fled betwixt C?'tfr/(?j 
 and thefe Bifhops, is fb entertaining, that it defervesto be related : The King upbraided 
 
 ' Pellegr. Capit. Arech. Princ. pag. 309. 1 ' Erchemp. hift. apuJ Pellegr. n. z- p. 26. 
 * Pellegr. cit. hift. pag. 73, ad pag. 92- ' * Hift Princ. L"ng apud Pellegr. n. i. p 167. 
 
 the
 
 Book VI. ^^^ Kingdom 0/ N A P L E S. 305 
 
 the Bi(hops as too audacious to appear before him, after they had anointed and put the 
 Crown upon the Head oi Arecbis their Prince, which fonon-plus'd them that they 
 knew not what Anlwer to make, but full of Fear, proftrated themfelves with their 
 Faces on the Ground at his Feet : The merciful King, laying afide all Wrath treated 
 them civilly, and made them rife up ; and faid to them, I fee the Shepherds but 
 without their Flock : To which the Bifhops, prefuming too much on Charles's good 
 Nature, did not flick to anfwer, ^he Wolf came, and has difperfcd the Flock ■ the 
 King ask'd who was that Wolf? and they anfvver'd, 7'hou art he. In fine after a 
 thouland idle Stories, they intreated him to accept of the Hoftages, and to give 
 them Peace, in pardoning Arechis and his People ; but Charles reply 'd. That he 
 could not put a Stop to the War, having fworn, that he would live no longer if 
 he did not fink his Scepter into Arechis's Breaft. Then one of them call'd Rorfo- 
 ^erttis, Bifhop of Salerno, advis'd him to break his Oath, and gave him for an Ex- 
 ample that of //froif, with which the King was not fatisfied, but required better Advice 
 of them i the Bifhops fought to put aTrickupon him, for they promis'd to deliver up 
 Arechis to him, provided that after he had fulfill'd his Oath, he would allow him to 
 reign in his Dominions. Whilft Charles was carried from Place to Place by the Bifhops, 
 in order to perform their Promife, at laft they led him into S.Stephen s Church, where 
 they fhew'd him a very large Pidture of Arechis, w hich was in a Corner of the 
 Church: Behold Arechis, faid they, whom thou feekeji. Upon which the King being 
 full of Indignation and Fury, threaten'd tobanifh them into France if they did not 
 perform what they had promis'd ; but the Bifhops being terrified, profVrated them- 
 felves anew upon the Ground, began to ask Mercy, and by many Paflages out of 
 the Scriptures fought to allay his Wrath ; the Anonymous Salernitamis relates, that 
 they wrought fb effedlually upon him, that at lafl the inrag'd King going to the 
 Pidlure oi Arechis, and ftriking it ftrongly with his Scepter, which he had in his 
 Hand, and giving it many Strokes on the Breaft, and on the Head where the 
 Crown was painted, faid, I'his floall he the Fate of him who f jail arrogate to himfelf 
 •what is not his Due j which done, the Bifhops proftrated themfelves again, and 
 begg'd Peace for Arechis. Charles at laft, by the Interceffion of fb many, granted it. 
 Let who will believe thefe Puerilities ; 'tis plain however according to Erchemperttts, 
 that Charles went no further than Capua, and that there being fatisfied with the 
 Hoftages, he concluded Peace \\\th. Arechis, and \th the Y>uk.Gdom o( Boierentum 
 to be govern'd by him. The Conditions were, that Arechis fhould oblige himfelf to 
 pay a yearly Tribute ; that Grimoaldus and Adelgifa, fhould remain as Hoftages j 
 that he fhould deliver up his Treafure ; All which was agreed to ; and Charles fend- 
 ing one of his Gentlemen to Salermm, where Arechis was, to get them confirm'd, 
 it was immediately done, and the Hoftages with the Treafure were confign'd to the 
 King. After which he return'd to France, and carried Grinwaldus aXong with him ;' 
 but after many Intreaties Adelgifa was reftor'd to her Father in Salernum. And if 
 that be true, as it is moft certain, that Charles went no further than Capua, and 
 from thence return'd to France, and never came back to thefe Parts, I don't know 
 from whence Scipio Mazzella has taken it, that Charles, in the Year 802. inftituted 
 a College in Salernum, as he had done in Paris and Bologna ; for this City had never 
 been under his Dominion, but was always a fafe Refuge for the Bene'ventan Princes 
 during the many Wars which they afterwards had with Pepin, whom his Father 
 had left King o( Italy. 
 
 BUT King Charles had no fooner left Capua, and return'd to France, than 
 Arechis, little minding the Pledges given, began to treat of a League with Conjlan- 
 tine Son o{ Irene, Emperor of the Eaft, and enter'd into a ftridl Confederacy againft 
 Charles, and fent Ambaffadors to Conjiantinople to feek AfTiftance frorn Conftantine, 
 together with the Honour of Patriciate ; and, what was of greater Importance, he 
 demanded of him likewife the Duktdom oi Naples, with all the Places belonging 
 to it, and that he would fend him Adalgifus his Kinfman, Son of King Defidenus, 
 who, as we have faid, rctir'd to Conjiantinople after his Father had been made 
 Prifoner by Charles, with a ftrong Army ; promifing on his Part to f ubjed himfelf . 
 to his Empire, which he would not do to Charles, and to live after the manner of 
 the Greeks, as well in the Tonfure, as Apparel '. 
 
 Eplft. 44. Hadrian! Pontif. 
 
 COX'
 
 J04 ^^^ Civil History of Book VC 
 
 CONS^ANI'INE agreeing to his Demand, lent immediately two Ambafladors 
 to Naples in order to create him Patrician, who brought him the Mantle of Cloth 
 of Gold, the Sword, the Comb, and the Sandals, that Arecbn might put them on, 
 and get himfclf (hav'd as he had promis'd ; requiring nothing elle of him, but that 
 he fhould give his other Son Ko!,iiuldus as Hoftage. The Ambafladors being 
 arriv'd at Naples, were receiv'd by the Neapolitans with great Solemnity, cum bandiSy 
 & Jigms, fays Adrian ' ^ but all thcfe Deligns came to nothing by two untimely 
 Deaths. While thefe Things were tranlading, in the Month of July of this Year 
 787, Roninaldiis, who had been promis'd as Hoftage to the Emperor, died, whofe 
 uutimely Death haften'd that of his unhappy Father, and was never enough to be 
 lamented by the BeneTcntans ; David their Bifhop caus'd to be engraven on the 
 Tomb eredted for him, thofe Verfes recorded by Camillus Pelkgrinus ' in his Book 
 of the Tombs of the Longobard Princes. A fiiort Time after this Death foUow'd that 
 of Arechts his Father, who after having reign'd Thirty Years in Bene-ventiiniy in the 
 following Month of Atiguji in the fame Year, was fnatch'd from the Bcne'ventans^ 
 at a Time when they Hood moft in need of him, leaving them in fo deplorable a 
 Condition, that being without a Head, they were, as fhall be related, out of cruel 
 Neceflity forc'd to have recourfe to the good Will of Charles^ fubmitting thcmfelvcs 
 to him under too hard and heavy Conditions, in order to get him to fend back 
 Grimoaldus whom he had in Hoftage. The Benevcutans lamented him bitterly, 
 and erected him a majeftick Tomb in their City, whither Paul Warnefride had gone 
 for Shelter after his Exile, who likewife bemoan'd their Misfortune, and extoU'd 
 the (hining Virtues of this Prince in many Verfes, which we alfo read in Pellegrnius. 
 There remain as yet fbme Laws of this Prince, which may be feen in his Capitularia^ 
 printed by the fame Author ; amongft which we ought not to pals unmention'd, 
 that by which he prohibited the Houfe-Monks, otherwife call'd Hypocrital Puritans. 
 King Lv.itprandus had admitted them into his Kingdom, and int)ne of his Laws ^ 
 commended the Inftitution. But Arechis having perceiv'd that under that Cloke 
 they defil'd themfelves with a thoufind abominable Lufts, forbid the Cheat under 
 feverePenalties, and order'd them to be fliut up in Monafteries. Arechts was a Prince 
 of great Courage and Generofity, and in him Piety, Juftice, Fortitude, and all the 
 other Virtues ftrove which fhould have the Upper-hand. He with great Magnificence 
 finifh'd in Bene'ventum the Church of S. Sophia, begun by Gilulphus. He eredled two 
 itately Palaces, the one in Beneveutum, and the other in Salernum, furrounding that 
 City with high Towers, and very ftrong Walls. He was a Lover of Learning, and 
 very much carefs'd the learn'd Men of thofe Times, and had them in great Efteem 
 and Veneration. He entertain'd Paul IVarnefrtde with great Marks of RefpedV, when 
 he fled from 'fremiti, whither he had been exil'd by Charles the Great, and came 
 for fhelter to Beneventum ; he receiv'd him gracioufly, and efteem'd him amongil the 
 deareft and moft faithful of his Friends j wherefore Paul, in Token of his Gratitude, 
 compos'd that Elogy, which he caus'd to be engrav'd upon his Tomb. 
 
 " Clt. Eplft. 44. I ^ Lib. 2. LL. Longob. tit. 37. 1. i. 
 
 * Cam.PcUegr. detumuLPrincLong. p. 294. I 
 
 CHAP.
 
 Book VI. ?^^ K I N G D o M 0/ N A P L E S, 
 
 305 
 
 |i^'r;5^(i>'iL 
 
 CHAP. IV. 
 
 Of Grimoaldus II. Trkce of Beneventum, mid of the Wars he 
 maintain d aga'inp Pepin King of Italy. 
 
 FTER the Death oi Arechis^ the BeiicDentans fent Ambafladors to 
 King Charles, demanding Grimoaldus, with great Submiffion and 
 Intreaties : They arriv'd in Time before the Confederacy which Arechis 
 had entcr'd into with Conjiantine Emperor of the Eaft had been dif- 
 cover'd to the King, of which, not till a Year after, he was advis'd by 
 Pope Adrian, w hich he had dilcover'd by the means of a Capiian 
 Prieft call'd Gregory ", for which Caufe they could bring the King with Icls Difficulty 
 to confent to their Rcqueft of granting Grimoaldus for their Prince ; but before he 
 departed, he bound him to thefe Conditions : I'hat he J/jould oblige his I.ongohards 
 toJJjave tbeir Beards ; that in IFrits, and on the Money his Name JJjould be yut firft^ 
 and after it that o/Grimoaldus ; and that hcJJjoiild caufe the U'alls c/Salernum, Ace- 
 renza, and Confa to be demolifUd from the Foundation. The King could have exaded 
 many more, and much harder Conditions from Grimoaldus while he was in his 
 Power. Grimoaldus being return'd to Beneventum, and receiv'd bv the Beneventans 
 with infinite Gladnefs; for fbme Time he caufed the Money and \Vrits pals with the 
 Name o( Charles, in order to (hew him that he defign'd to perform the Promifts he 
 had made, and that in thefe Matters he would comply with him, tho' he had no Mind 
 to difmantle the Cities ; and to remove all Jealoufy, after Charles had dilcover'd the 
 Treaties of his Father Arechis, and the Emperor Conjiantine had lent Adalgifus in 
 the Year 788. into Sicily with fome Troops, that from thence he might go to Calabria, 
 and by the Afliftance of the Beneventans get himfelf to be proclaim'd King o( Italy 
 Cthe Emperor was likewife offended with Charles, who had promis'd him his Daugh- 
 ter in Marriage, and afterwards refus'd to give her) did not only not concur with the 
 Defigns of Adalgifus his Uncle, but advis'd Pepin of this Expedition, by which he 
 meant to gain his Favour, and alfo Ilildebrand's Duke of Spoleto lent by Pepin j 
 the unfortunate Adalgifus after having landed with many Greeks in Calabria, fight- 
 ing gallantly was defeated, and amongft the reft of the Spoils he became a Prey to the 
 Enemy, who unmercifully put him to a cruel Death by Torture, as Sigonius - relates. 
 But the Continuator of Ai}fioinus ', Maimburg % and thofe who have read Tbeo- 
 pbanes in Greek, write, that it was not Adalgifus that was put to Death by Torture, 
 but John General of the Greek Army ; for this unfortunate Prince made his Eicapc 
 after the Battle, and return'd with a few Followers to Conflantinople, where he liv'd 
 to be an old Man ; and at laft fubmitting to his Fortune as his Father had done, he 
 pafled the Remainder of his Life quietly in the Quality of Patrician ; . and indeed 'tis 
 the ufual Fate of dethron'd Princes, to meet with Pity and Compaflion from thofe 
 they have recourfe to, who allow them the empty Title of what they once were ; but 
 either for want of Courage or Inclination, when they have it in their Power, never 
 undertake any Thing for their Reftoration, but enter into other Mealures which 
 they reckon more advantageous and convenient. 
 
 ' Epift- Adriani, 44. 
 * Sigon. an. 7S3. 
 
 Llll 
 
 ^ Contiiiuat. of Aimo. lib. 
 ^ Maimb. hift. Icon. lib. :^ 
 
 4. cap. 40. 
 an. 77y. 
 
 NEVER-
 
 2 o6 The Civil His tob.\ of Book VL 
 
 NEVERTHELESS tho' Grimoaldus, in order to remove all Sufpicion from 
 Pepiti and Charles his Father, by laying afide all Ties of Blood and Nature, had thus 
 behav'd himfelf, yet he ftill retain'd the lame Defigns with his Father in his Heart, 
 and bent all his Thoughts on putting himfelf in a Condition to be able to govern the 
 Vv'indpiLVity of Benevent II in with an abfolute and independant Authority; he gave 
 over all Thoughts of demolilhing Salenuim, Aceraiza, and Confa, according to the 
 Conditions ftipulated with Charles ; by Degrees he left off putting Charles's Name on 
 the Money, and in the Writs ; and having married IJaiizia Niece of the Greek Em- 
 peror, made himlelf the morefulpeded. 1 hus a new War broke out with iheFrench, 
 which prov'd of long Continuance, for tho' Charles was employ 'd elfewhere, Pepi?i, a 
 Iprightly forward Youth, who was King of Italy, could by no means fuffer that 
 abfolute Empire which Grimoaldus alTlim'd over the Principality of Benevcntim j 
 therefore in the Year 793. he march'd with a great Army oi French againft him, 
 which furrounded him on all Sides, and thrcaten'd him with a cruel War. Then 
 Grimoaldus bethought himfelf of removing all Shadow of Sufpicion, which his having 
 a little before married iVanzia could occafion j he repudiated her, as barren, and, with 
 unheard-of Inhumanity, fent her back again \.oGreece by Force. But that Diffimulation 
 and Cunning, was of no ftead to Grimoaldus ; for Charles^ befides his having com- 
 manded Pepn to fight him, had likewile lent Le^^is his Brother to his Affiftance, who 
 went from Aquiiaine to Italy ^ and having join'd their Forces, they march'd into the 
 Principality of Beneventum, where they made War for many Years; and Erchcm- 
 pertus ' relates, that tho' Charles and his Sons, whom he had now made Kings, had 
 employ 'd their belt Troops in order to fubdue Grimoaldus and his Benenjentan Longo~ 
 hards ; yet they were not able to put their Defigns in Execution againft this gallanc 
 Prince : On the contrary, the Plague having leiz'd their Armies, they were oblig'd 
 to retire, to their great Reproach. In the Space of feven Years, and after fo many- 
 bold and obftinate Contefts, in the Years 800 and 801. they were only able to take 
 Cbieti in Abbruzzo, with Ibme Places in the Neighbourhood ; and tho' the follow- 
 ing Year they alio took Lwera in Pnglia, it was loon retaken by Grimoaldus, and 
 Guinicbifus Duke of Spoleto, with all the Garrifon which Pcpni had left for the 
 Guard of that City, were made Prifoners. In Ihort, all the Time that Pepin reign'd 
 in Pavia, and Grimoaldus in Beneventum, Erchempertus fays % that there was not 
 one Moment of Peace betwixt them ; foralmuch as thele two Princes being both 
 young, and bent upon War, each of them thought his Honour ingag'd to carry the 
 Point. Pepin, by feeing himll'lf furrounded by fo many couragious and gallant Captains, 
 and fo powerful Armies, Grimoaldus being fupported by the Forces of his greateft 
 Barons, and by the many Cities which he had likewile fortify'd and garrilbn'd, 
 mock'd the Power of his Enemy, and contemn'd and undervalu'd his Armies. 
 Pff/w was wont frequently to lend AmbaflTadors to Grimoaldus with thisMeflage: 
 Voio qitidem, B ita potenter difponere conor, ut ficuti Arechis geuitor illius fubje£lus 
 fuit quondam Defiderio Regi Italia, ita jit inihi, & Grimoalt ; to which MelTage 
 Grimoaldus anfwer'd in thele Verfes. 
 
 Liber & ingenuus fum natiis utroque parente. 
 Semper era liber, credo, ttiente Deo. 
 
 THUS did Gri}noaldus check the Boldnefs and Power of the French whilft he 
 reign'd in Beneventiim. This invincible Prince died in the Year 806, without 
 leaving Male-Children, Gothofrcdus his Son dying before him, whofe Tomb is to 
 be fcen in the Church of St. Sophia in Beneventum, alio mention'd by Pcllcgrinus '. 
 The Beneventans after they had bitterly lamented him, as they had done Arechis^ 
 erefted a magnificent Tomb to his Memory, extolling and ingraving on it his 
 heroick and famous Deeds. He was always Vidlorious both over the French and 
 the Greeks ; and the "Verfes upon his Tomb "* fhew as yet his Valour againft the 
 French, who never could boaft of having fubdu'd him. 
 
 Pertulit adierfas Francorum fxpc Phalangas 
 
 Salvavit patriam fed, Benevente, tuam: 
 Sed quid plura feram .^ Galloriimfortia Regno. 
 
 Non valuere hujus fubdere colla fibi. 
 
 ' Hift. Erchcmp. num. f. 1 ' Pell. Tumul. Pr. Long pag. 238 
 
 ' Ibid. num. 6. ' ■♦ The fame Author pag. £37. 
 
 CHAP.
 
 Book VI. the Kingdom 0/ N A P L E S^ 
 
 367 
 
 CHAR V. 
 
 tHharles the Great, from a 'Patrician became Roman Emperor : His 
 Ele^ion, and nz:hat Part Pope Leo III. aBed in it. 
 
 jHILST the French under Pepin with fo much Cruelty and Boldnefs 
 were making War againft the Beiwventans under Grinioaldus^ Charles 
 the Great, after having fubdu'd the Saxons, and vifited many Places 
 of his vaft Empire, at Jaft in the Year 795. he ftopp'd in Atx la 
 Chapelle, with which City, on account of the Pleafantnefi of its 
 Situation, and the Places about it, he was fb delighted, that he 
 adorn'd it with a magnificent Church ; while he was here, the News was brought 
 him of the Death oi Adrian, which fell out in Ro/W in the Year 796. He was 
 exceedingly lamented by Charles, and io great was his Grief, that he publifli'd it by 
 an Elogy which hecompos'dhimfelf, and caus'd it to be put on his Tomb. He like- 
 wife heard a little after, that the Roman People and Clergy had in his Room eledted 
 Leo a Cardinal Prieft, who was call'd Leo III. and who notified his Eledtion to him 
 by his Legates, declaring likewife his Refolution of following the Footfteps of his 
 Predeceffors, in acknowledging none other but him, for his own and the Church's 
 Proteftor : IVIoreovcr, as Charles was a Patrician of Rome, he fcnt him the Standard 
 of the City, with many other Prefents, at the fame time intreating him to lend one 
 of the Lords of his Court, to receive from him the Oath of Fidelity, which the People 
 of Rome was willing to take to him ', who a long Time before had begun to fliake off 
 the Yoke of the Greeks, and who intended now to fet themfelves altogether free of it. 
 Charles accepted of the Prefents and the Homage, which the Chief City of the 
 World offer 'd him, and he chofe his Son-in-Law Anghilbcrtus, for taking the 
 Oath of the Ronhvis, that they would acknowledge him for their Lord : In effedl, 
 by Virtue of thele Treaties which Leo had made with Charles, the Patriciate was 
 converted into Sovereignty ; and from this Time it was, that he exercis'd Ibvereign 
 Power in Rome, adminiftring Juftice by his Commiffaries, and himfelf, as was 
 judicioufly obfcrv'd by Peter de Marca ' ; and befides that, out of his Royal Bounty 
 and Gcnerofity, he fent the Pope by Anghilbertus a great Fart of the immenle 
 Treafure which he had got in the War againft the Hiinns, which he had a little 
 before finifh'd with the Conqueft of Pammiia ; and upon Occafions that offer 'd, 
 imitating his Father Pepin, he made it his Bufinefs to aflift him in all the Perfecu- 
 tions which he fuffer'd, and to protedl and advance the Church of Rome with all his 
 Might, as he had done by Adrian his Predeceffor. Pafcal and Compolus, Nephews 
 of Adrian, and many principal Lords of that Party, were Leo's Enemies, who took 
 it in ill Part that the new Pope had alter'd many Things done by, Adrian; and 
 befides, accus'd him as guilty of many abominable Crimes, but not being able 
 afterwards to fliew any Vouchers for them, one Day while he was altogether 
 intent on a Publick and facred Fundtion, fell upon him, and gave him many 
 mortal Wounds, dragg'd him thorough the Streets, and did what they could to 
 put out his Eyes, and cut out his Tongue j but he defended himfelf the 
 befl way he could, and being all over Bloodv, he was fhut up in clofc Prifon 
 in the Monaftcry of S. Geraftni ; but was afterwards fet at Liberty by his Partifans, 
 
 ' Eginhar. in Annual. A. 796. Sigon. A. 796. 
 Vide Marca deC'T.cor. lib. ;. cap u. num. S 
 
 Marca loc cic. num. 9. 
 
 and
 
 ^ 08 The Civil History of Book Vi- 
 
 and Gu'migifns Duke of Spoleto, who after having convey'd him to Spoleto, fent him 
 with many Bifliops to Charles, together with many Noblemen that were willing 
 to bear him Company. He was recciv'd by Charles in Paderboiie, with the fame 
 Rcfpcft that his Father Pephi had rece'iv'd- Stephen, and was treated with exceeding 
 great Honour, and the utmoft Magnificence ; where Leo was at full liberty to (hew 
 his Innocence, and what he had wrongfully iuffer'd, and wherein he had been falfly 
 accus'd by his Enemies. 
 
 BUT at the fame Time the Confpirators at Rome, by the Abfence of the Pope, 
 were become more haughty, and did what they could to baffle i^o^ they fent many 
 Accufations to Charles, by which they charg'd Leo as guilty of many grievous 
 Crimes. The King thought it beft to fend him back to Rome with a magnificent 
 Retinue, in order to have a judicial Cognizance taken of the Merits of this Caule, 
 and he fent along with him ten Commiflioners, two Archbifhops, five Bifhops, three 
 Counts, and many Frenchmen, who were to be Judges of this Affair. The Pope was 
 recciv'd in Rome with folemn Acclamations, and much Pomp ; and when the 
 Char t^e brought againft Leo by Pafcal and Compolus, and their Adherents, in order to 
 excufe their horrible Attempt upon his Perfon, came to be examin'd into, it was 
 found that they could prove nothing of what they had accus'd him of ^ therefore the 
 Commiflioners fent the Accufers under a ftrong Guard to the King Charles, after 
 having glorioufly triumph'd over the Humis, was already on his March towards 
 Italy, being invited by Pcpin, who alone could not humble the Pride of Grimoaldus, 
 who now govern'd the Principality of Beuenjentnm with an abfolute Sway ; and 
 being arriv'd in Italy, would go in Perlbn to Rome, in order to try this Caule, and 
 to give the Pope that Juftice which he demanded of him. 
 
 CHARLES was receiv'd by Leo, the Clergy and People of Rome, on the 
 24th Day of November, in the Year 799, with greater Marks of Refpedt and 
 lifteem than ever had been (hewn ; and this Prince a few Days after his Arrival caus'd 
 an Alfembly of the Archbifhops, Bifliops, Abbots, and all the Roman and French 
 Lords, to meet in St. Peters Church, and himfelf and the Pope being prelent, he 
 order'd this Bufinefs to be examin'd, and a ftrid: Inquiry made into the Crimes 
 wherewith Leo had been charg'd ; but on the one hand there appearing no Proof, 
 nor Teftimony for fupporting theft Calumnies ; and on the other hand, all the 
 Prelates protefting, that neither the Holy See, nor the Pope ought to be judg'd by 
 any Perfon, and that it belong'd to himfelf to be his own Judge ; then the Pope 
 faid, that according to the Example of his Predeceffors, he was ready to judge him- 
 felf after the fame manner that they had done more than once ; therefore the next 
 Day he mounted the Pulpit, and holding in his Hand the Book of the Holy- 
 Evangels, in the Sight of all, by a folemn Oath he clear'd himfelf, and loudly pro- 
 tefted, and fwore, that he was innocent of all the Crimes laid to his Charge by his 
 Perfecutors. Upon which all the Church eccho'd again with the Acclamations of lb 
 auguft an Aifembly, who receiv'd this Proteftation and Oath of the Pope as an 
 Oracle, and were fully convinc'd of his Innocence. Thus Lfo being juftified in the 
 Opinion of every Body, which was the Thing Charles thought of greateft Impor- 
 tance, the Trial of Pafcal and his Accomplices was put off to another Aifembly. 
 
 THIS Pope lying under fo many Obligations to Charles, bethought himfelf 
 
 how he might be able to make fuitable Returns ', and for the Time to come engage 
 
 the King's Protection and Afliftance to the Church of Rome, feeing there was 
 
 nothing to be expelled from the Emperor of the Eaft, but much to be fear'd. For 
 
 this end he hit upon the bcft 'I'hought that a Man could have imagin'd, to bind this 
 
 Prince more than ever to the Apoftolical See ; and tho' at that Time it was look'd 
 
 upon as a Piece of pure Form and Ceremony, it has been fince interpreted as one of 
 
 the moft powerful Claims to the Temporal Dominion over the Catholick World, 
 
 the Popes can boaft of; and the Flatterers of that Court have fo cunningly colour'd 
 
 and varnifh'd it over, as for many Ages to perfuade all It.dy, and a great Part of 
 
 the Weft, of the Truth of it. The Story was, he rais'd Charles from a Patrician, 
 
 to Roman Emperor, which they call'd a Tranflation of the Empire of the Weft to 
 
 the French ; tho' in reality it added nothing to Charles but a more Ipecious and 
 
 auguft Tide, which 1'heodorick and the other Kings of Italy might have alTum'd, 
 
 but never minded it. 
 
 ' Theophancs in Chroij. 
 
 SOME
 
 Book VI. the K I N G D o M 0/ N A P L E S. 309 
 
 SOME French Writers ' would Ila^•c us believe, that Charles as little minded this 
 fpecious Title as I'beoderick did ; and thit Lco^ {o much beholden to him was the 
 chief Manager, who concerting the whole with the Kthhtus, and the other People 
 who were then in Rome, w ithoiit CL^rles's Knowledge, prodaim'd him Rnmju Em- 
 peror, and put on him the Purple and the Imperial Crown, whilft he was in the 
 Church celebrating the Feaft of the Holy Nativity : But let thole that are fimple 
 and ignorant of the Circumftances which preceded this Adion, believe it • 'tiS 
 manifert that Clwrlc: upon other Occafions, which remain upon Record % alpir'd 
 after this Title, which in fome relpeA was due to his Merit, and the vaft Empire 
 he had acquir'd partly by Right of Succeflion, and partly by Arms, as we (hall 
 (hew anon. 
 
 SURELY the great 7'heodorick King oi Italy ^ perhaps with greater Reafon, 
 might have afTum'd this Title of Emperor of the Weft, to which he would likewife 
 have obtain'd the Conlent of Leo Emperor of the Eaft; but he, as we have faid in 
 the Third Book of this Hiftory, laying afide the Gothick Drefs, would not put on 
 the Imperial Diadem, but only the Kingly Enfigns, and would only be proclaim'd 
 King of the Goths and Komans ; and Prcccpiiis relates, that there was nothing want- 
 ing to this Prince but only the Title of Emperor, which he would not affume, but 
 in reality he was luch, as well with refpedt to the Sovereignty of his Empire, as the 
 Extent of his Dominions. He not only, after the Example of the other Emperors of 
 the Weft, hadfix'd hisSeatinR.'?w7z;;.'?, governing there all //it/j, but he had likewife 
 under his Dominion Sialy^ Khctia, Norictm, Dalmatia, with Liburnia and IJlria^ 
 and a Part of Snevia, and that Part of Pannonia where Siaetiuiira and Sirniium ftood. 
 He alfo poiTefs'd a Part of Gallia, for which he was often at War with the French : 
 And laftly, as Tutor to Jmalarick, his Nephew, he govern'd Spain ; therefore if 
 ^beodonck had been willing to aflume this Title, and go to Rc»ie to get the Pope, 
 who was his Subjed, to crown and anoint him, as the Pradice then was amongft the 
 Chriftian Princes, it would likewife have been faid, that the Popes had transferr'd 
 the Empire of the Weft from the Romans to the Goths, as is now faid of this Tran- 
 flation made to the French. 
 
 SEEING by this Fad Charles acquir'd nothing elfe but the bare Title of Roman 
 Emperor, and the Romans and the Pope who proclaim'd him, neither did, nor could 
 give him more; 'tis clear that this Title imply'd nothing of Right in it over the 
 other States and Kingdoms of the Weft, which for a long Scries of Years had beea 
 under the Dominion of other Princes ; we ought to confider, that a long time before 
 this Prince was call'd Emperor, the Greek Emperor had already loft the Dominion 
 ofalmoft all the Provinces of the Weft, which had pafs'd Jure Belli, under the 
 Dominion of other Princes, and of Charles himfelf for the gfeateft part ; fo that as 
 this Title made him nothing the Richer, neither did it take any Thing from the 
 Emperor of the Eaft, or the other Princes, in the Kingdoms and States which they 
 poffefs'd. 
 
 C HA RL ES had already driven the Longohards out of Italy, who had been 
 Lords of it, and had fubjeded it to his Empire. Rome, which had once been the 
 Seat of the Empire of the Weft, from the Time o{ Leo I/a uncus, had begun to ftiake 
 off the Yoke ; and tho' the Greeks had preferv'd a Shadow of their Dominion in it, 
 yet it was at laft given to Charles the Great, who receiv'd the Oath of Fidelity by 
 Angbilbertus, as is recorded by the graveft Hiftorians ; and before he aftum'd this 
 new Title, he had exercis'd the Rights of Sovereign in it, which is evident to who- 
 ever will but confider the Accufations laid againft Leo ; for tho' he allow'd the 
 Romans to be govern'd by their own Laws, and the lame Magiftrates, yet the 
 fupreme Power was referv'd to him as Patrician, and w hich he afterwards retain'd as 
 Emperor ; and tho' the Exarchate of Ravenna, which formerly was the Seat of the 
 Emperors of the Weft, and afterwards of the Exarchs, who were the chief .Magiftrates 
 of the Emperors of the Eaft in Italy, had been taken from the Longobards, and given to 
 the Church of Rome, yet both Pepin and Charles the Great retain'd the Right of 
 Sovereignty and chief Dominion in it : In ftiort, almoft all Italy, except thefe our 
 Provinces, was already under the Dominion of Charles before he afTum'd this Title. 
 'Tis likewife certain, that this Prince, both by Succeflion and Conqucft, poftels'd as 
 large Dominions in the Weft, as ever any Emperor had from the Time of the Divi- 
 
 ' Malmb. hift. Inconod. * Sigon. hift- Ital. A. 800. 
 
 M m m m fion
 
 ^lo The Civil History of Book VI: 
 
 fion of the Empire; for befides the Gallia, in which he reigii'd by Succeflion, as 
 King o^ France, he had conquer'd Part of Spain, as far as the Elro. By the fame 
 Right of Conqiiell he poifefs'd Iftria, Dalinatia, all Pauvonia to the Confines of 
 Bulgaria and 'Thrace, and likewile all Dacia, containing IValachia, Molda-oia, and 
 Tranfilxania. And tho' he had not that Part oi Spain on the other Side of the Ebro^ 
 and that Part of ^nc^ which belong'd to the Empire of the W eft, before theVaJicial^, 
 and a long time after the Saracens had pofTefs'd themielves of it ; yet on this Side he 
 had what the Romans could never conquer, to wit, all that vaft Extent of Country 
 which lies betwixt the Rhine and the Vtftola, the Northen Ocean and the Danube, 
 •which is now divided amongft fb many Princes, free Cities, and Commonwealths, 
 one Part of which only makes now what we call the Roman Empire j and Egr- 
 iiardus ' writes, that the Kings who at that Time reign 'd in Great-Britain, were fo 
 fubmifTive to him, that in their Letters they a!wa)S call'd him their Lord, and fub- 
 fcrib'd themfelves his Servants and Subjects. 
 
 THE Empire then of the Weft having ceas'd for three Ages, and being divided 
 intofb many Principalities and Kingdoms, many of which being united in the Per- 
 Ibn o( Charles, fbme by Right of SuccefHon, and very many by that of Conqueft, 
 he came to poftefs much more in the Weft than the other Emperors of the \\ eft, 
 particularly thole from Honoritis down to Aiigiifitiliis ; and we ought not to think 
 it ftrange, that the Subjeds oi Charles, who were properly fuch, pioclaim'd him 
 likewife Emperor, and gave him that auguft Title, very proper and agreeable to his 
 vaft Empire which he had in the Weft. In effed:, this Title was not only given him 
 by the Pope, who carried on this Affair, and the Romans, but likewile by all the 
 People of the different Nations that Charles brought to Italy with him. Paulas 
 JEmilius % and many other Writers more ancient than he, relate, that this Prince 
 ■was accompanied into Italy, not only by a great many French Lords, but alio by an 
 infinite Number of others of different Nations that v/ere fubjeft to him, fuch as 
 Saxons, Bitrgundians, Teutones, Dalmatians, Bulgarians, Pannonians, T'ranjil'vamans, 
 and others. 
 
 AND it is moft certain from the lame Authors, that the third Day after the 
 Caufe of Leo had been dilculs'd, being that on which the Birth-Day of our Saviour 
 was celebrated, this Prince went to the Church of St. Peter, in order to iblemnJze 
 the fame with great Pomp, and enter'd the Church attended by the Pope and many 
 Prelates, and Roman Magiftrates, and accompanied by all the French and Roman 
 Noblemen, with a great Train of other Followers, where he found an infinite Mul- 
 titude of People, not only Romans, but of many other Nations. Charles had no 
 Iboner ended his Prayers at the Sepulchre of the Holy Apoftles, than the Pope, 
 who for that end had ready prepared the Imperial Mantle, and a rich Crown of 
 Gold, made a Signal to the Ranan Magiftrates, and the Barons that were about 
 him, who were intent on what he was about to do, and put the Crown upon his 
 Head, and began with all the reft to cry out : To Charles the Auguft, cro-jond hy 
 God, the great and pacifick Emperor of the Romans, Life and ViTtory ^ ; and thefe 
 Words ecchoing from all Corcers, the Pope, the Senate, the Romans, the French, 
 and the mixt Multitude of all Nations, unanimoully with one Voice, and the lame 
 Spirit began to cry aloud with all their Strength, the lame Words, which they 
 repeated three times •*. After the Acclamation of the People was over, Leo, who 
 had prepar'd every Thing for i^o auguft a Ceremony, gave him the facred Undlion, 
 which thereafter never any Emperor of the Weft receiv'd, and cloathed him with a 
 long Imperial Mantle, after t\\c Roman Fafhionj he likewife anointed Pepin, who 
 was prefent at this Solemnity, as King oi Italy : And ahcr Charles had received from 
 the Pope, the Senate, and all the reft that were prefent, all the Honours which 
 were wont to be paid to the ancient Roman Emperors, by acknowledging him for 
 their Sovereign ; he for his Part fwore, that he would always be the Protedbor and 
 Defender of the Holy Roman Church, to his Knowledge and Power ; from that Time 
 forth, laying afide the Title of Patrician, he took that ofAf.gtiJius and Emperor, 
 which he tranfmitted to his Pofterity '. 
 
 ' Egin. in Vita Carol! magni. 
 
 * Paul. vT,mil. de leb. Franc- 
 
 ' Eginar. A. 8oi. 
 
 ^ Anaftafius in vita Leoit. III. ab omnibus 
 
 confVlrutus ell Impcrator Romanorum. 
 
 ' Egin. inannal. moreantiquorum principum 
 adoratus eft, ac dciniic oniillo Patticii nomine. 
 Imperacor 8c Aujjuftus appcllatur. 
 
 BEHOLD
 
 Book VI. 
 
 the K 1 ti G D o M of N A P L E S. 
 
 5«» 
 
 BEHOLD what is call'd the Tranflation of the Empire of the Weft to the 
 French, whence the Popes can infer notliins; for fiipportins^ their high Pretenfions ; 
 for tho' Leoy as one of the chief Men of the City o( Rome, had carried on this Affair, 
 to whom it was of greater Importance than to any other Perfon, in order to oblige 
 Charles the more to protect his Chiircli, and likewife to yield intirely all that his 
 Predcceflors had gaind over Rowf, yet 'tis very well known to thole who underftand 
 the Augudan Hiftory, that anciently the Roi/tau Emperors were wont to be proclaim'd 
 no otherwilc. The Acclamations were made by the People and the Soldiers, but 
 the Perfon who was thus to be proclaim'd, was propos'd to them by fome private 
 Men ; therefore no Body dream'd of attributing the Election to thofe few who pro- 
 pos'd the Perlbn, and not to the People and Soldiers who proclaim'd and ialiited him 
 Emperor ; and befides, thofe Acclamations denoted not only the prcfent, but like- 
 wife the previous Confent of the People. Much lefs can they fupport their Claim 
 by the Coronation and Uniftion of Charles by Leo ; for we believe it has ever been 
 evident to all the World, that thefe were bat pure Ceremonies, and did not in the 
 leaft belong to the Eflentials of Empire ; at that rate it may be faid, that they who 
 perform them, by the very Aftion give the Empire or Kingdom. Thefe Cere- 
 monies were introduc'd by the Chriftian Princes, perhaps in imitation of the ancient 
 Kings of y .'idea, who caufed themfelves to be anointed by the Priefts; and the firft 
 who introduc'd them into the Weft, were the Kings of Spain, and thole of France^ 
 followed by others afterwards, and thofe of the Eaft likewile began to ufe them '. In 
 France the moft Chriftian King receives this Ceremony from the Bifhop of Kbeims. 
 The King of Spain from the Bifhop of 7'olcdo. The Kings of Italy were wont to be 
 anointed and crown'd by the Archbifhops of Milan ; thofe of England by the 
 Archbifhop of Canterbury ; thofe of Hungary by the Bifhop of Strigonium ; and 
 other Kings by their own Bifhops : In fine, our yirechis, Tr'mce of Beneveiitum, as 
 we have feen, would have himfelf anointed and crown'd by his Beneuentan Bifhops ; 
 and he would be void of all Senfe who would fay, that thefe Bifhops made or ap- 
 pointed ib many Princes, Kings, or Emperors. 
 
 I- 1 K E W I S E in the Eaft in the fixth Century, the Emperor Juftin made him- 
 felf to be crown'd by John ^ Patriarch ofConflantinople ; and alfb this Emperor fix 
 Years after would be crown'd anew by Pope John. Many Princes, not once, but 
 many times would have this Ceremony perform'd ; Pepin Father of Charles tie Great, 
 caus'd himfelf to be anointed, the firft Time by Boniface Archbifhop of Meat z i and 
 three Years after by Pope Stephen. Charles himfelf was twice anointed and crown'd j 
 and in imitation of his Father, caus'd the fame to be done to his Sons Pepin King 
 of Italy, and Le\x;j King of y^quitaine '. Thefe Ceremonies then do not confer 
 Empires or Kingdoms, but fuppofe him who ufeth them to be already Emperor or 
 King j in like manner, it would be abfurd to infer from the Oath which Charles 
 took, to proted: and defend the Church of Rome to the utmoft of his Power, that it 
 was an Oath of Fidelity or Vaflallage, as fome have likewife dream'd. 
 
 BUT as the Popes can draw nothing from this Fadt, much lefs can Charles him- 
 felf, or the other Em{\erors his Succeffors, reap any Advantage from fb auguft and 
 fpecious a Title, with refpedt to other Princes that were not fubjedt to him. 
 No Right could accrue to him anew with regard to others ; and therefore thofe 
 Princes retain'd their Kingdoms free and independent, whence with Reafon they 
 reckon themfelves true Monarchs, and their States as true Monarchies : Therefore 
 the Kings of Spain, as being always free and abiblute Lords of their Dominions, 
 value themfelves juftly on their Kingdom's being a Monarchy, in no refpedt fubjedt 
 to the Empire of the Weft. Cnjacius ■^, and fome French Writers fay, that the 
 Kingdom of England once acknowledg'd itfelf as Feudatory to the Empire, but 
 Arthur Duck ', and other EngliJJj Writers, conftantly deny it. Charles h'lmfdf, 
 and all the other Emperors his Succeflbrs, exercis'd Sovereign Authority in Italy, 
 not by Virtue of the Imperial Title, but as King of Italy, wliich he and his Siiccel^ 
 fors were, and therefore caus'd themfeKes to be proclaim'd fuch in Milan, xind 
 anointed and crown'd fuch by the Archbifhop of thao City ; and they added their 
 
 ' V. Mars Galljcus of Alex. Patric. 
 ^ Epift. Jo. ad Harmifdam. V. Du Pin. de 
 Ant. Eccl. Difc. 
 * V. Patric. in Marte Gallic. 
 
 * Cujac. lib. I. de Feud. tit. t- 
 ' Arth.Duck, deUlu 8vAuft. I.,K. Jib. 2. 
 par. 5, num. i. c S. 
 
 own
 
 3 1 1 The C I \' I L History of Book \' I. 
 
 own to the Lon^oiard Laws, not as Emperors, but as Kings o^ Italy ^ and SucceflTors 
 to the Longobard Kings. Charles had a Defign, as Paulus yEmiln'.s relates ', of 
 uniting Trance to the Empire, and of fubjeding her to its I,a\vs; but the Grandees 
 of France abhorr'd fuch an Union : Cur militesttios, faid they, Ke^iinm ttiv.m^ Fran- 
 ciam titam^ Imperii Pro'cinciam facere ftudes, Imperioqiie fubjicere ? Whence the 
 French pretend, that the Empire was rather a Member of the French Monarchy, 
 than France of the Empire. 
 
 HOWEVER that may be, with regard to our Purpofe, 'tis worthy of Obfer- 
 vation, that Charles the Great , notwithftanding his auguft Title of Emperor, gain'd 
 nothing over our Dukedom of Beneveiitum, or that of Naples^ or over that w hich 
 the Greeks yet retnin'd in thele our Provinces ; whence it is, that this Kingdom was 
 always reputed diftindt from, and independent of the Empire newly ftarted up in 
 the Weft, and therefore iuftly boafts of the Honour of a true Monarchy. Though 
 Charles the Great was now become more auguft than ever, both in Titles and noble 
 Actions, yet Grimoaldus Prince of Beneventtan, would not Ibbjed himfelf to his 
 Empire. The W^ar made by him and Pepin his Son againft Grimoaldus, was now 
 more obftinately and cruelly profecuted than ever ; and Grimoaldus boldly vow'd 
 that he would continue free as he was born, and always refifted the French, as he 
 did Pepin who had undertaken to humlle him, and, tho' in vain, to reduce Bene- 
 'ventnm under his Obedience. And not only the People of thoie Cities of our King- 
 dom, that had continu'd under the Empire of the Greeks.^ did not acknowledge 
 Charles for Roman Emperor, looking upon that Title as belonging to the Emperor 
 of Conjlantinople ; but the Beneventans themfelves were of the fame Mind, fo that 
 the Anonymous Salernitanus did not deferve thofe Reproaches from Pellegriniis, 
 becaufe in his Hiftory, fpeaking of thofe Bifliops who gave that Title to Charles the 
 Great, he fays, they gave it him, becaufe all his Courtiers and Followers call'd him 
 fo ; for, lays he, none can be call'd Emperor, but he who governs the Roman King- 
 dom, that is to fay, the Conjiantinopolitan ; and the Kings of France at that Time 
 ufurp'd this Title, which formerly they never claim'd ^ ; a Title which for a long 
 Series of Years was always difputed with Chariest Succeffors, by the Emperors of 
 the Eaft ; for tho' the Emprels Irene, and afterwards Nicephorus, had entrcd into 
 an Alliance with Charles, and in fettling the Bounds of the two Empires, in order 
 to eftablifh fix'd Limits, and remove all Occafion of Difpute, had rcckon'd upon 
 having the Principality of Beneventnm as a Boundary and Barrier, and by the 
 Treaty concluded betwixt them, had confirm'd the Title of Emperor to Charles the 
 Great : neverthelefs the Emperors of the Eaft, SucceflTors to Niccphorus, broke 
 thro' all thele Treaties, and made War againft his Succeffors, not only for the 
 Provinces, which they pretended had been taken from their Empire, but alfo for 
 this Title of Emperor, which by no means they would allow them ; neither were 
 they ever nam'd Emperors, or Kings of Italy by them, but only Kings of France. On 
 the contrary, the Emperor Bafilius, having had fome Letters brought him by the 
 Legates of Pope Adrian II. in which King Len'is call'd himfelf Emperor, he order 'd 
 the Title of Emperor to be raz'd out of them, and fent an Ambalfador to LewiSy 
 whom he exhorted by his Letters, that for the future he would abftain from taking 
 the Title of Emperor i but Lewis anfwer'd the Complaints of ^^///z.'j by a very- 
 grave and bold Letter, which is recorded by Baronius ^ in his Annals, and by Fre- 
 derick Morelli '^, in his Notes on the 7'hemata of Co7i(iantinus Porphyrcgemtus, who 
 likewile imitating the Example of Bajilnis his Grandfather, never gave the Title of 
 Emperors to the SucceflTors of Charles, but call'd them Amply Kings of France. 
 Thefe our Provinces then continu'd, from the Time of the Rile of this new Empire 
 of the W^eft, disjoin'd from, and independent cf the Empire, while it was govern'd 
 by the French, and much more when it was confin'd to a part of Germany, and fell 
 into the Hands of the Germans and other Nations, as fliall be clearly fhewn in the 
 Courfe of this Hiftory. 
 
 CHARLES, at the Interceflion of Leo, having fent his Accufers into Exile, 
 Ctho' they had been condcmn'd to Capital Punifhment) fpent the Beginning of this 
 
 ' Paul, j^mll. lib. 5. in Car. M. [ hoc eft Conftaninopolitano. 
 
 * Anon. Salern. apud Pelleg. par. 1. num. 2. ' Baron, in torn. 10. 
 
 pag. I/O. Imperator quippe omni modo non * Tred. Moielli in not. lib. 2. Th. 11. 
 dici poteft, nifi qui in Regno Romano prse eft, 
 
 Year 
 
 ■^
 
 Book VI. the K i n g d o \i 0/" N A P L E S. m ^ 
 
 •' ? "I 
 
 Year 801. in Konic, and in the Month o{ Ajn-l left that City, aiicl went to Pcivia 
 where to the Edids of the Lougobcvrd Kings liis PrcdecelTors he added new Laws' 
 more fuitable and neceflliry to the prcicnt Circuniftances o^ Italy. He made maiiy 
 other Laws concerning Ecclcfiaftical Matters ; and after the Cuftom of France 
 before he publifh'd them, he not only convened the State of the Nobles, Ma^iftrates 
 and Judges, as the Lovgobards ufed to do, but likcwife the Ecclefialtical istate of 
 Bifliops, Abbots, and other Prelates of the Church ; for at this Time the third 
 State of the Kingdom had not as yet any Share in the Publiclc Afrairs and Delibera- 
 tions in France '. Thefe his Laws, wliicii he eftabhfh'd in Pavia as King of hdly are 
 to be read as yet in the Code of the Monaftery of the Cave, after the Edids of the 
 other Lcngclwrd Kings his PrcdecefTbrs j whence it is, that in tlie three Books of the 
 Longohard Laws, the Compiler of them has hkewife inferred ibme of thole, amonoft 
 which there's one% wherein not only theRo;«v?;;j, but alio the Lougobards, hadtlic-ir 
 Laws left intire to them ; and Charles Stgcuins ^ declares, th?.t theie Laws are like- 
 wife preferv'd in Modena, the Preamble of which he relates to be fuch as thofe which 
 the Longobard Kings were wont to put before their Edids. \\hat the Gotbs and 
 Longobards call'd Ediiia^ the French call'd Capitiilaria. They were fo call'd 
 becaufe, as Doviat * fays, they were difpos'd into Chapters or Heads. And after 
 their Example other Princes likewile call'd their Laws Capitiilaria : Our Longobard 
 Princes, however cruel and obftinatc Enemies they were to the Frejicb, yet they did not 
 think it below them to imitate them in that; whence the Laws that were eltabl.'/ii'd 
 in the Principality of ^fwew;//^////;, by thefe Princes, were call'd Capitiilaria j and 
 therefore we read in Camilliis PellegrinuSy the Capitiilaria of Arechis, Sicardiis- 
 KadelchtJIiis, Adelchis, and other Bencventan Princes. 
 
 C HA K L E S not only left the Roman and Longobard Laws intire, but as far as 
 the Circumftances of thofe barbarous and dark Times could bear, he endeavour 'd to 
 reftore the Roman Jurifprudence to fbme Luftre. In doing of which he did not 
 confult the Books of Jiijiinianj which at that Time were little known, and of lels 
 Authority in the Weft, but the 'Theodofian Code and its Compend compil'd by 
 Alarick ; and tho' his Application to military Affairs, the want of ProfelTors, and 
 the Ignorance of the Age, hinder'd him from accomplifhing his Defign, j-et he cor- 
 reded, the beft way he could, the Compend of Alarick, from which the Roman 
 Law was quoted in the Courts before the Judges. 
 
 P£PJAr King of /r.:7/y follow'd the Example of his Father; we have as yet his 
 Capitiilaria ', which he publifh'd as King of Italy, which likewife, after the Edids 
 of the Longobard Kings, we read in the abovemention'd Code of the Monaftery of 
 the Cave ; and we find many of his Laws extraded from it, inferred in the Volume 
 of the Longobard Laws * ; whence we clearly fee, that the I.aws which Charles, and 
 the other Emperors of the Weft his Succeffors, eftablifh'd as Kings of Italy, and 
 ■which are inferred in the Body of the Longobard Laws, had Force and Vigour in 
 Italy, not becaufe they were made by them as Emperors, but as they were Kings of 
 Italy. Thus Pepin, who never was Emperor (therefore thefe Inscriptions in the 
 Volume of the Longobard 'La.ws ought to be correded, which fbme of his Laws bear, 
 of Iinperator PipintisJ but made King of Italy while his Father Charles was alive, 
 made his Laws, which were in full Force there (as being only King) and they were 
 reckon'd amongft the Longobard Laws of the Kings of Italy. 
 
 PEPIN died about the End of the Year 8ro, after Charles his Father had con- 
 cluded Peace in Aix la Chapelle, with Nicephorus, and he died very young, at the 
 Age of Thirty-three, in the 29th Year of his Reign, leaving only one natural Son 
 call'd Bernard, about twelve or thirteen Years old, who two Years after was by his 
 Grandfather created King of Italy. 
 
 ABOUT the End of the Year 8ii, Charles, eldeft Son of the Emperor, likewife 
 died, to whom his Father had defign'd to have given France, with 'Jpiiraine, and a 
 Part of the Kingdom of Burgundy : He left no Children ; fb that of three Sons which 
 
 ' Loyfeau des Ordres. pag. 48. 
 
 ^ Lib. 2. tit. 5-7. 1. I. 
 
 ^ Sigon. ad an. 8ci. 
 
 '* Doviat. liift. Jur. Civ. pag 60. The Capi- 
 tularia of Charles the Great, and the Colleftions 
 made by Anfegifus, Benedlit. Levita, and 
 Other} are to be fcen In fialutius, torn. i. Van 
 
 Efpen. in hift. Jur. Can. Struv. cap. 6. hlft. Jur. 
 German. \. 10, 11, &: 12. 
 
 ' Extat. Capitulaie Piplni Regis Italiae dar. 
 anno 79^. apud Balutium torn. i. pag. j^^. 
 Ejufdcm Capitula exccrpta ex lege Longobard. 
 p. 5-41. 
 
 * Lib. 2. tic. y7. 1. z. & tit. f9 1. 3. 8(4. 
 N n n n he
 
 3^4 
 
 The Civil History oj 
 
 Book Vi. 
 
 he had deGgn'd as SucceflTors in his Dominions, there remain'd only Lavis King 
 of Ani'.itivue ; thei-eforc he niade him his Collegue in the Empire, and caus'd him 
 to be crown 'd in Aix la Cbapelle, in the Month oi September of the following Year 
 813. At laft the Invincible Charles likcwife died, in the 70th Year of his Age, and 
 the 4"7th of his Reign, a Prince who filfd the World with his Fame, and who defer- 
 \-cdly acquir'd the Surname oi Great ; he died in Aix Li Cbapelle, in the Year 814, 
 the 28th Day of January, leaving for SnccefTor in the Empire, and Kingdoms of 
 France^ Aquitaine, and Germany, Leu'is his Son, furnam'd the Pious or Good, and 
 Bernard his Grandchild King of Italy. 
 
 CHAP. VI. 
 
 Of Grimoaldus II. Sico, ajid Sicardus^ princes of Beneventum, 
 and the ^eace which they made with the French, and of their 
 Wars with the Neapolitans. 
 
 N the mean time, by the Death of Grimoaldus, which fell out in the 
 Year 806, without leaving Male-Iflue (JSottifr edits having died be- 
 fore him) another Grimoaldus was advanced to the Principality of 
 Beneventum, who had been his Treafurer ; therefore Sigonius made 
 a palpable Error in reckoning theft two but one Gritnoaldus. This 
 was a Prince of a very different Genius from that of his PredecefTor, 
 of a courteous Behaviour, and much inclined to Peace, who in order to free his State 
 from the continual Incurfions of the French, refblv'd to agree upon a fettled Peace 
 with them ; and Pepin being dead, for that end he lent Ambaffadors to the Emperor, 
 who had not as yet declared Bernard his Grandchild King of Italy. Charles, who was 
 at this Time employ 'd againft the Rebels in Britany and the Scla'vonians, hearken'd 
 to it, and contenting himfelf with the Tribute offer'd by Grimoaldus, concluded a 
 Peace with him '. From this Time forth the Principality of Beneventum continu'd 
 Tributary to the Emperors of the Wefl as Kings of Italy, and the Beiievejitans were 
 for a long time in Peace with the French. 
 
 O N the other hand Grimoaldus gave Peace to the Neapolitans ; thefe two People 
 the Beveventans and Neapolitans were almoft always dilputing together, and being 
 Rivals and Neighbours, never wanted Pretexts for War. This Prince made Peace 
 betwixt them ; but his Deftiny hadordain'd, that it fhould not be of long Duration, 
 by an Occafion which we fhall relate. At this Time the Diikedom of Naples was 
 govern'd under the Emperor Leo, furnam'd the Armenian, by Theodore Duke and 
 lilaftcr of the Soldiers, who having made Peace with Grimoaldus, manag'd the 
 Dukedom with the utmoft Eafe and Tranquillity ; but a noble Benex'entan call'd 
 Dauferius, and on account of a Defedl in his Speech, furnam'd the Stammerer, of a 
 turbulent Nature, and an ambitious Temper, difturb'd this fettled Tranquillity, and 
 bafely confpir'd againfl Grimoaldus, who had a great Efteem for him, and relblv'd 
 to throw that Prince into the Sea % as he crofs'd a Bridge near to Salernum ; but the 
 Confpiracy being difcover'd, and he having pafs'd the Bridge lafely, the 
 Conlpirators were immediately imprifbn'd : Dauferius, who was not prefent, hearing 
 of it, forthwith fled to Naples, where he was made welcome by the Neapolitans^ and 
 
 Hift. Erchcmp- num. 
 
 Ibidem, num. 8. 
 
 Duke
 
 Book VI. /^^^ K I N G D o M 0/ N A P L E S. 515 
 
 Duke Theodore took him under his Protedtion. At which Prince Gmmaldus was 
 very much offended, whereupon in order to revenge himfclf of the Injury, he 
 quickly aflcmbled, the beft way he could, both his Land and Sea-Iorces, and 
 march'd towards Naples ; and being come near the Walls, he faw a Multitude of 
 People in Arms ready to repulfe him. Then Grimoaldits^ infiam'd with Indignation 
 and Revenge, rcfblv'd to fight them. The Battle was cruel both by Sea and Land 
 and the Slaughter of the Neapolitans lb great, that for upwards of feven Days, 
 the Water on the Sea-fhore was ftain'd with the Blood of the Dead ; Ercbempertus 
 relates ', that in his Time, the Graves where the Heaps of the dead Bodies of the 
 kill'd had been laid, -were to be feen. Five thoufand having been kilfd on the Spot 
 in this Battle ; only Duke itheodore, and the infamous Dauferiiis made their Elcape 
 by flight; and being purfu'd, they at laft got within the Walls of the City ; but 
 they were not quite out of Danger there, for tho' they were full of Rage, and had 
 their Arms in their Hands, the Neapolitan Women, whofe Husbands had been kill'd 
 in the Battle, fell upon them, calling them infamous Traytors, and bidding them 
 reftore their Husbands, who by their means had been kill'd in the unjult War 
 againft the Beneventaiis. 
 
 IN the mean time Grimoaldus purfu'd the Runawa)'s till he came to the Crptiait 
 Port, and finding it fhut, ftruck it with his Rapier, there being none there to refift 
 him. The Neapolitans having lock'd all the Ports, fliut themfelves up in the City, 
 defigning to defendthemfelves the beft way they could. In the mean time the Duke 
 having quieted the Tumults, and filenc'd the Clamours of the Women, began to 
 Ibllicite for Peace ^ and ih great was his Cunning and Influence, that he prevail'd 
 with Grimoaldus^ a mild and merciful Prince, to confent and be latisfied with 8000 
 Crowns of Gold, as a Ranfom, and that Dauferius fliould be deliver'd to him ; and 
 io great was his. Clemency, that he not only pardon'd all his Trealbn and Villainy, 
 but likewife receiv'd him into his former Favour. 
 
 BUT this was not the laft Misfortune that this Prince's Fate had carv'd out for 
 him ; for altho' he had efcap'd this Confpiracy, yet a few Years after another 
 irreparable one was*hatch'd, in which the Conlpirators at laft prevail'd in murdering 
 him. The Heads of this Confpiracy were Radechis Count of Con/a, and Sico 
 Caftaldus o£ Acerenza. Sico was a Man of great Authority in Spoleto^ and for having 
 oppos'd the Defigns of Pepin, was in Difgrace with him ; fb that being afraid of 
 him, he retir'd to Beneventum, as a fafe Sandtuary, where he was kindly receiv'd 
 by Prince Arechis, who made him Caftaldus oi Acerenza, and entertain'd him with fb 
 much Affedkion and Favour, that he put him in hopes of being made his Succeflbr ^ : 
 Crmoaldus his Son likewife lov'd him ; but afterwards he feeing this Grimoaldus II. 
 preferr'd to himfelf, he bore it very impatiently, becaufe he afpir'd to the Princi- 
 pality ; and having join'd with Radechis, they furpriz'd this unhappy Prince, whom 
 they kill'd in the Year 817, and Radechis managing the whole, Sico, tho' a Stranger, 
 was by the Beneventans advanc'd to the Principality of Benevcntnm. Radechis after- 
 wards repenting of fb great a Villainy, became a Monk in Monte CaJJino '. 
 
 z 
 
 Erchemp. num. 8. ^ f ^ Erchemp. num. 9. 
 
 Tumul. Sicon. anud Pellpcirin. • 
 
 Tumul. Sicon. apud Fellegrln 
 
 SECT. I. 
 
 Cy S I C O IV. '^fiiice of Bencventum. 
 
 SICO the IVth Prince of Beneventum, in order to govern with the more 
 Security, and extend his Principality by incroaching on the Neapolitans, in 
 the firft Year of his Reign renew'd the Peace formerly made by Grimoaldus with 
 • the Fremh ; and in this Year 818. he confirm'd it with Lenjis the Good, who, by the 
 Death of Bernard^ had likewife fucceeded in the Kingdom of Italy, and promis'd to 
 
 pay
 
 1 
 
 The Civil 
 
 Afterwards 
 
 History of 
 out of his turbulent and 
 
 ambitious Temper, 
 
 Book VI. 
 
 he 
 
 pay him Tribute. . ^ 
 
 mads a fhnrp and cruel War with the NscipolitMis ; in the mean time he aflum'd 
 
 Stcrrdo his Son for Collcp;ue, wlio married the Daughter of D.mfemis '. 
 
 'T I S laid the Pretence for this W ar was, becaule the Kcapolitans had drove away 
 their Duke T'heodore, his intimate and dear Friend, ar.d had eledted Stephen in h.'S 
 Room. He inveftcd Krples both by Sea and Land with a clofe Siege, and having 
 beat down a part of the Walls towards the Sea, was already preparing to enter at 
 
 that Breach in Triumph j and h 
 fubjefthig Ndpks to his Principality 
 
 ccrtamly would ha\'e fucceeded at this Time in 
 which none of his PredecefTors ever could 
 
 accomplifh, if the Craftinefs and Deceit of Duke Stephen and the Necjpclitans had not 
 prevented him ; for the Duke having dcfir'd Peace of him, by offering to deliver up 
 the Citv, which had already yielded to the Conqueror, begg'd him to delay his 
 Entry till the next Morning, when he would be in a Condition to make a more 
 <^lorious and triumphant Entr)' ' ; and that Sico might give Credit to w hat he faid, 
 he fent him as Hoftages, dear enough Pledges, his own Mother, and his two Sons. 
 Sico believ'd him, and the next Morning, whillt he was preparing to enter the City 
 in Pomp and Triumph ; the Neapolitans having in all hafte in the Night-time 
 repair'd the Wall, appear'd very early ready to defend it. Sico and Sicardtis his 
 Son mightily inrag'd, batter'd the City more furioufly and obftinately, in order to 
 oblit^e it to furrender ; but the Neapolitans equally obftinate, repuls'd the Attacks 
 with the fame Boldnefs and Fury, fo that for a long time after, this War continu'd 
 much more bloody and cruel. The Neapolitans^ forc'd by cruel Neceflity, and feeing 
 themfelves in the utmoft Danger, at laft thought of having recourse to foreign 
 Afliftance ; that of the Emperor of the Eaft was at a great Diftance, who being 
 ingag'd in other Undertakings, thought of nothing lefs than of aflifting the Neapolitans : 
 Therefore having relblv'd to have recourfe to the French^ they applied themfelves to 
 the Emperor Lcivis, who fent them Afliftance, and tho' but fmall, yet it was fuch, 
 that for fome time they were able to defend themlelves, and render all the Attempts 
 of Sico fruitlefs. But the Afliftance of foreign Princes being fb precarious, and apt 
 to be withdrawn on any emergent Occafion of their own ; and befides, perceiving 
 that the Boldnefs and Obftinacy of Sico was not in the leaft abated ; the Neapolitans^ 
 not able to hold out the Siege any longer, by the Means of their Bifhop Orfo^ en- 
 deavour 'd to obtain Peace from Stco on the beft Terms they poflRbly could. This 
 Prelate took fo efftdual Methods, and us'd fuch Intreaties, that he brought Sico at 
 laft to grant it on thefe Conditions; That from thenceforth the Neapolitans fliould 
 pay a yearly Tribute to the Princes oi Bencventtim, which they call'd Collatam ; and 
 that the Body of S. Jannarius the Bifliop, who had been a Bejieventan^ that was 
 kept in the great Church of this Saint, without the Walls, and which Sico had already- 
 taken, ftiould be carried to Beiieventitni. The Conditions were agreed to, and 
 Hoftages given ; the Duke and the Neapolitans with a Iblemn Oath promifing to 
 pay the yearly Tribute agreed on betwixt them. Thus did the Dukedom oi Naples 
 become Tributary to the Principality of £f//fa'«;?«;/?, as it continu'd to be for many 
 Years after under the fucceeding Princes. Sico return'd to Beneventum^ whither 
 with great Rejoycing he carried the Body of S. Jannarins^ which was worfliipp'd 
 there for a long time '. Others add, that Duke Stephen was chas'd from Naplesy 
 and by the Means o£Sico was kill'd by the Neapolitans themfelves, who in his Room 
 created Bonus their Duke. 
 
 ' Pellegr. in Stemm. Prlnc. Salern. 
 ^ Erchemp. num. lo. 
 
 5 Erch. apud Chioc. de Epilc. Neap. A. 8i3. 
 Princeps Sico S. Januarii Martyris Corpus, de 
 
 BafiUca, ubi per longa temporum Spatla requl- 
 evit, clevans, & cum magno tiipudio Benc« 
 ventum regreditur. 
 
 SECT.
 
 Book VI. //j^ Kingdom 0/ NA PL E S» 317 
 
 SECT. II. 
 
 ^he frjl hroajion of the Saracens into thejc out' Provinces. 
 
 ABOUT the fame Time (as £rr^fw/)e>"f«i a Contemporary Writer relates) the 
 Incurfions of the Saracens into thefe our Provinces began, who coming from 
 Africa^ like Swarms of Bees infefted -S/c/Ty, and after having taken "Palermo^ and laid 
 wafte the Cities and ftrong Holds of that Ifland, they crols'd the Sea, and landing 
 firft in I'draiitn^ they attack'd thefe Countries, and occafion'd the fb many Revolu- 
 tions and Confufions, firft among the Greeks^ and then among the Beneyentan Lon- 
 gobards, which miferably afflifted thefe our Provinces. 
 
 'T I S certain the Saracens are come of thofe Arabs, who were the Off-fpring of 
 JJJjmael the Son of the Servant-Maid Hagar, for which they were call'd IJJimaelites^ 
 or Hagivrens ; therefore in order to conceal this their Origin, with which they were 
 reproach'd, they took a more honourable Name, and call'd themfelves Saracens, as 
 lilfjmael their Forefuher had been come 6{ Sarah the Wife o£ Abraham ; fo fays a 
 Greek Author ' ; tho' the Learned in the Arabian ^ Language and Hiftory, reckon 
 that the Arabians took this Name from one of the moft noble Parts of their Country 
 nam'd Sarac. Others have faid, that the Arabs took the Name o( Saracens from 
 their Paftoral and Vagrant manner of Life, which they led in the Fields among the 
 difmal Sands ofBeriara, and as their Pafture fail'd, chang'd their Habitations. 
 
 BEFORE Mahomet they were divided into many fmall Kingdoms, and like- 
 wife profels'd different Religions ; fbme of them had embrac'd "Jiidaifm, others were 
 Samaritans, there were alfb fbme Chriftians among them, and the greateft Part were 
 Pagans. But after this Impoftor, in the Year 623, had publifh'd his Law, and 
 with force of Arms cftablilh'd it, they all receiv'd it at laft, and fubjedted themfelves 
 to his Empire, acknowledging him not only for their Lord and Mafter, but like- 
 wife their Prophet. 
 
 AFTER the Death of this famous Impoftor, which fell out in the Year 632,- 
 the Arabian Princes his Succeftbrs, invaded the Provinces of the Empire, and in a 
 few Years m.ide themfelves Mafters of Palefline, Jtidea, Syria, Phenicia, and Egypt. 
 Afterwards they fubdu'd Mefopotamia, Babylonia, and Perfia • whereupon being 
 become more powerful and formidable, they added Armenia to their Dominion, 
 from whence they fpread themfelves overAfia Minor ; and having likewife made them- 
 felves powerful at Sea, they conquer'd the Iflands of Cyprus and Rhodes : On the 
 other hand towards the South, having gone from Egypt into Africa, they drove the 
 Greeks out of it, and at laft took Carthas^c. From whence in a very fhort time, 
 having made themfelves Mafters of the whole Country, and being reinforc'd with 
 an innumerable Multitude o( African Moors, who embrac'd Mahometifm, they laid 
 hold of the Opportunity which prefcnted itfelf of invading Spain. 
 
 HAVING likewife gone from >^ivc^ to ^/c/7y, in the Year 820, they wafted that 
 Ifland, burnt, pillag'd, and carried off the Chriftians into Slavery. They fpread the 
 Laws of the Alcoran over all the conquer'd Provinces : From Ahubeker, Ali Mortoza, 
 Omar, and Odonan, who were the immediate Succeffors of Mahomet, and the Ex- 
 plainers of his Alcoran, fprung the four St^s ; the firft was embrac'd by the Arabs 
 and Moors ; the fecond by the Perfians ; the third by the Turks ; and the fourth by 
 the I'artars. 
 
 FROM Sicily they landed at Taranto, from whence they drove the Greeks, and 
 fill'd that Province with Terror and Confufion ; but the Calamities were greater, 
 when, bv the inteftine Broils of our Princes, they were made their Auxiliaries, 
 which fpread Ruin and Defolation over all, as we fhall relate hereafter. 
 
 IN the mean time the Emperor Lft^/i in a general .Meeting held in AixlaCha- 
 pcUe, in the Year 817, having affociated Lo?Z'^/rf his eldeft Son in the Empire, and 
 alfo dcclar'd him King oHtaly, to his other two Sons, Pepin and Lexis, he gave 
 
 ' Sozom. lib. 6. c. ■;?. ^ Abrali. Echcl. hift, Arab. cap. 5, ^: f. 
 
 O o o o Aquitaiue
 
 3 1 8 The Civil History of Book Vf. 
 
 ylqiiitaine and Bavaria. He afterwards confirm'd that Partition in another Meeting 
 held in Kimeghen in the Year 821 ; but this Partition h:n'ing occafion'd great Dilcord 
 in the Royal Family, the Empire became fb weaken'd, that at laft having departed 
 from the Freucb, it was confin'd to a part o( Germany, under Princes of other Nations. 
 Bcfides, Lezuis after having divided his Dominions among hisfaid three Sons, born to 
 him by Hernieitgarda, he married Judith his fecond \\ ife, and had by her another 
 Son nam'd Charles, to whom by her Pcrfuaficn he aflign'd Germany, Rbetia, and 
 Burgundy; which fo diminifh'd the Shares of the reft, that it bred ill Blood, which 
 was the Ground of the cruel Wars they made againft their own Father and their 
 Mother-in-Law, which turn'd not only France, but likewife Germany topfy-turvy. 
 Afterwards the Death of Pephi King o£ Aquitaine, which happen'd in the Year 838, 
 put the Empire again in Confufion, which had been for fome time in Peace and 
 Quiet ; he having left two Sons Pepin and Charles, the Emprels Judith had refolv'd to 
 deprive them of the Kingdom of ylqiiitaiiic, and divide it betwixt her Sons Charles Vind 
 Lotbaire, without giving any Part of it to Lenis ofBavar/a. But Lewis putting him- 
 felf at the Head of his Army, endeavour'd to fruftrate her Defigns ; and on the 
 other hand the yiquitanians proclaim'd one of the Sons of Pepin their King ; and on 
 the contrary the Emperor Lewis came and made them acknowledge Charles for their 
 King, in an AfTembly held in Clermont ; afterwards having left his Wife and Son 
 Cbarlcs in Poitiers, he went to Aix la Cbapelle, from whence he enter'd T'huringia^ 
 and oblig'd Lewis to retire to Bavaria. He afterwards call'd a Meeting in IVormes, 
 where he fell fick, and having caus'd himfelf to be tranfported to an Ifland over- 
 againft In^olbeim, near to Mentz, he died there the 20th of June in the Year 840, 
 and before he died he fent to Lotbaire the Sword and Scepter, the Enfigns of the 
 Imperial Dignity, which he renounc'd in his Favour. 
 
 W E have as yet remaining fbme of the Capitiilaria of the Emperor Lewis the PiouSy 
 as King oi Italy, which he added to thofe of Charles the Great his Father, and the 
 Edifts of the other Longohard Kings of Italy his Predeceflbrs ; and we find them in 
 the foremention'd Code of the Monaftery of the Cave, with thofe of Lotbaire his 
 Son and Succeflbr in the Empire, and Kingdom of Italy, which were eftablifh'd in 
 the Pontificate of Pope Eugene II. Stephen Bahitiiis colleded many other Capitiilaria 
 of Lexvis the Pious, which as Emperor he made in Aix la Cbapelle j neither did he 
 forget thofe, which he eftablifh'd as King of Italy, and which are reckon'd among 
 the Longobard Laws '. 
 
 IN the mean time, tho' our Beneventan Princes, had made this Peace with the 
 Neapolitans, it was not long before they broke it anew, by committing Ads of 
 Hoflility. Sico, under pretence that the Neapolitans were backward in paying the 
 Tribute, renew'd the War, which continu'd all his Days. Sico died in the Year 832, 
 after having reign'd fifteen Years in Benevcntum ; and the Beneventans crefted him 
 a magnificent Tomb, which they plac'd before the Door of the Cathedral Church of 
 Beneventum, on which in many Verfes they extol his glorious Deeds, which we read 
 likewife in Pellegrinus amongft the Monuments of the other Bcneventan Princes '■. 
 
 ' Balut. torn. i. pag. f6i, Sc 6S9. * Pellegr. Tumul. Princ^ Longob. p. 2^9. 
 
 SECT. III. 
 
 0/ S I C A R D U S \th Prince of Bcncvencuni. 
 
 SICAKDUS his Son, who during his Father's Life-time was Partner in the 
 Government, fucceeded in the Principality : Now 4,hat he reign'd alone, he 
 had a mind to exceed his Father far in Cruelty. He profecuted the War againft the 
 Neapolitans under pretence that they did not pay the Tribute, who however made fuch 
 Refiftance under Bonus their Duke, who had fucceeded to Stephen, that the Beneven- 
 tans having fortified themfelves in Acerra and Atclla, they raz'd thefe Forts, and 
 put the Garrifbns to flight. During the fhort Reign of Bonus, which lafted only 
 
 one
 
 Book VJ. f /:?(? K 1 N G D o M 0/ N A P L E S. 3 1 5> 
 
 one Year and a half, under the Empire of "Thecphilus^ who by the Death ofMicb,iel 
 the Staninierc)-^ his Father, go\ern'd at this Time in the Eaft, the Affairs of the 
 Greeks in thefe our Provinces and in Lombardy^ on this Side of the I'yber went on 
 very profperoufly ' ; but this Duke dying in the Year 834, the Neapolit.uis were 
 under as great Diftrefs as ever, therefore they lamented fo great a Lofs and for a 
 Monument of their Grief they ereded him a magnificent Tomb, on which in 
 Acroftick Veries they mightily extoll'd his Virtues, and his exceeding Valour in 
 having repuls'd the Beneventaus, tho' formidable, and much fuperior in Forces to 
 the NeapoUtiViis, and in having driven them out ofAtella and Acerra^ Places which 
 they had lb well garrifon'd and fortified. This Tomb is yet to be feen in Naples in 
 the Church of S. Mary^ on the xMarket-Place of the Ward of Forcella, and which is 
 alfo recorded by Chioccarelli % and by Pellegrtnus in the Hiftory of the Lougobard 
 Princes. Ater the Death of Bonus ^ LeoWxs Son was created Duke, who govern'd 
 the Dukedom of Naples only fix Months, being driven out by Andrezv his 
 Father-in-Law. 
 
 BUT as the Neapolitans enjoy'd only for a fliort while the fb manv Virtues of 
 Bonus, fo on the contrary, the Bcneventans for a long time were expos'd to the 
 Cruelty and barbarous Behaviour of Sicardus, who blindly giving himlclf up to be 
 guided by his Kinfman Koffridus, the Son of the infamous Dauferius, who exceeded 
 his Father in Wickednefs, by his bad Advice he carried himfelf fo cruelly towards 
 the Benez-eutans, that he put them in the utmoft Defpair. Rcffridiis by his deceit- 
 ful Arts, and cunning Ways, had gain'd the Heart of Sicardus, who was fo much 
 at his Devotion, that he did nothing without his Advice. Roffndus was the Author 
 of all the Mifchief that Prince was guilty of; firft by his deceitful Addrels, he 
 indue 'd him, without any Ground, to fend Siconolpbus, Sicardtts's own Brother, 
 into perpetual Banifhment ; he caus'd almoft all the noble Beneventans to be im- 
 prilbn'd, and many of them to be condemn'd to Death ; with this wicked Intent, that 
 Sicardus being depriv'd both of his Kinfmen and Barons, and intirely at his Beck, 
 he might the more eafily one Day put him to Death, and poffefs the Principality. 
 For the fame wicked Ends, he oblig'd Sicardus to caule Majo his Kinfinan to be 
 Ihav'd, and ihiit up in a Monaftery ; he caus'd Alpbanus, the moft faithful, gallant, 
 and iliuftrious Man of that Age to be ftrangled ; fo that the Beneventans not 
 being able longer to bear fiich Indignities, and cruel Tyranny, at laft refolv'd to 
 kill their own Prince. 
 
 IN the mean time Sicardus vigoroufly carried on the War againft the Neapoli- 
 tans, who at la^, not being able to defend themfelves againft the Forces of lb 
 powerful and cruel an Enemy, refolv'd by the Mediation oi John their Bifhop, and 
 the Authority oi Lothaire I. Emperor and King of Italy, to whom they had had 
 recourle, to renew the Peace with the Beneventans. The Pains and Diligence of the 
 Bifhop were fo effectual, that tho' he could not obtain a perpetual Peace of Sicat' 
 dus, yet he got it for five Years. Neither would he have lb far comply 'd, if 
 Andre'j:, who then govern'd the Neapolitan Dukedom, had not call'd the Saracens 
 to his Afliftance, the Fear of whom made him condefcend to conclude it ^ ; as was 
 plain by the Event, becaule no fooner had Andrez) fent back the Saracens, than 
 Sicardus fought to put off the Conclufion of it ; but the Neapolitans having reconrfe 
 to Lothaire, he fent them Contardus, who wrought fb, that the Peace was effe<5tually 
 iettled (after fixteen Years continual and cruel War) in the Year 836, and the 
 Conditions were punctuall}- agreed to with John the Bifhop, and Duke Andreiv. 
 
 THE Inftrument of which Peace, or the Capitul.'.ria of Sicardus, we owe to the 
 Care ofCamillus Pellegrinus % in which we meet with many remarkable Things 
 concerning the Cuftoms and Laws of thofc People. 'Tis alfo clear from this Inftru- 
 ment, how far the Bounds of the Neapolitan Dukedom were extended .in thofe Days, 
 and what were the adjacent Places fijbject to it. 'Tis evident, that befides Sorrento^ 
 and fomc other neighbouring Caftles, it likewife comprehended Anialpbis ; that the 
 Conditions and Stipulations were regulated according to the Longobard Laws, which 
 in thofe Times had the Afcendant. It was alfo exprcfly agreed, that the Neapoli- 
 
 ' Cedren. p. 419. Camll. Pel. inTumuI. Boni. ' Jo. Diac. in Cluon. Epifc. Neap, in Joan. 
 
 hift. Princ. Long. p. ;26. 
 * Chioccar. de Epif. Neap. A, 3i8 
 
 Ep. 4;. 
 
 " Pell. hift. Pnnc. Longob. dc Capitulan 
 Pr. Sicardi pag. 7;. 
 
 tans.
 
 3 2o The Civil History of Book \[., 
 
 tarn, according to the Tenor of the former Peace made with Sico the Father oi St- 
 cardus, fhould continue to pay to the Princes of Beneventuiu the wonted yearly 
 Tribute, otherwilb they fhould be liable to be diflrain'd. That during thole five 
 Years of Peace, there fhould be a perfcd Friendfhip betwixt both Nations, and that 
 neither of them fhould d;fturb the other's Bufmefs or '1 raffick, either by Sea, Rivers, 
 or Land ; that Fugitives and their Goods fliould be pundually deliver'd up on both 
 Sides; and therein we read many other Capitulations, which 'tis needlels to relate 
 here. 
 
 THIS Peace being concluded, 'tis fhid, that the Armc£';« having landed from 
 Sicily at Brhidiji, pofTefs'd themfelves of that City, and ravag'd all the Neighbour- 
 hood : but Sicardiis haflen'd to repel that Irruption ; and tho' at the firft Onlet he 
 was rcpuls'd, yet having put his Army in better Order, he went anew to attack 
 them ; whereupon the Saracens, feeing they could not refill him, after having 
 pillag'd and burnt Briudi/I, and made many of the Citizens Slaves, return'd with 
 their Booty to Sicily. 
 
 'TIS likewife faid, that about the fame Time, great Diffention having arifen 
 amongfh the People oi Amalphis, many Families of that City went to dwell in Salerno, 
 where they were kindly receiv'd by Sicardt'.s ; who taking Advantage of the Jun- 
 cture, and feeing that City void of Inhabitants, order'd the fame Troops which he 
 had conven'd againft the Saracens to befiege Amalpbis, and breaking the Peace 
 made v;ith the Neapolitans, went and ravag'd the I3orders of that Dukedom ; at 
 which Duke Andrew was cruelly offended, and feeing that with his own Forces he 
 could not withftand the Boldnefs of the Enemy, he again lent Ambalfadors to the 
 Emperor Lothaire, begging his AfRftance (he likewife had rccourfe to the Emperors 
 of the Wefl ; thole of the Eaft, by reafon of the Revolutions of the Court oi CoH' 
 fiantinoplc, could give him no Relief, and befides it was flow and at a great Diftance) 
 whom Lothaire receiv'd very gracioufly, and fent back Contardus to Naples ; but on 
 his Arrival there, he found that all the Danger was over, by the Death oi Sicardiis, 
 which fell out very feafbnably ', who a little before had been kill'd by the Beneven- 
 tans themfelves, becaufe of his Cruelty, Tyranny, and extreme Covetoufliels, to which 
 Crimes he was exceedingly addifted. The Love of Money had made him imprifoii 
 Deufdedit the famous Abbot of Monte CaJJino ; he had robb'd many Churches and Mo- 
 nafteries of their Goods ; he had taken by Force the Eftates of many Noblemen, as 
 alio of People of lower Condition ; and he had ravifh'd a noble Benevcntan hcidy. 
 To which was added the fride o£ Adelchifa hh Wife, and the Ignominy to which 
 fhe expos'd many Beneventan Ladies, whom llie caus'd to be expos'd naked pub- 
 lickly to be laugh'd at by the People, out of Revenge, becaufe that one Day fhe 
 herfelf had been feen naked by a Bencnjentan. 
 
 I N the mean time the Beneventans being reduc'd to the utmoft Defpair, refblv'd 
 to kill him ; and having laid their Plot well, the Tyrant was murder'd in a mofl cruel 
 manner, in the Year 839, by thofe who had been moft familiar with him, as a jult 
 Reward i as Sico his Father had caus'd Grimoaldiis to be murder'd, fb Sicardus his 
 Son was juftly punifh'd for the Fault of the Father, and his own Cruelty and Wick- 
 ednefs. He was not lamented by the Benenjentans, and therefore we read of no 
 Monument of his amongfl thofe of the other Beneventan Princes. The Tyrant then 
 being dead, Kadelchifns was unanimoufly eledted Prince of Beneventum, who had 
 been Treafurer to Sicardus, a Prince of a noble Behaviour, and a Converfation 
 adorn'd with all Virtues; in whofe Reign the Affairs of our Longobards began to 
 decline ; not only by reafon of the Incurfions of foreign Nations, but much more by 
 the inteftine Diffentions of the Lo;/^fl^.-;r(^ Princes themfelves, which occafion'd the 
 Divifion of that Principality into three Dynapes, and was the Origin of the Fall of 
 the Longobards in thefe our Provinces, as, after having related the Ecclefiaflical Polity 
 of thefe Times, we fhall fee in the following Book of this Hiftory. 
 
 ' Camil. Pel. loc cic. 
 
 CHAP.
 
 Book VI. the Kingdom of \^ A P LES. 
 
 3^i 
 
 CHAP. viir. 
 
 The Ecckjiajt'tcal Polity of the Churches and Monafierles of the 
 
 ^rincipaUty of Beneventum. 
 
 H E Greek Church being divided from the Latin, and the Occafions of an 
 irreconcileable Separation increafing more and more, and many Cities of 
 thefe our Provinces remaining under the Greek Empire, the Polity of 
 our Churches was not at all uniform, but very different and difagree- 
 ing ; the Polity of the Church adapting itlelf to that of the Empire. 
 The Kingdom of Italy having pafs'd from the Longobards to the 
 Trench, under Charles the Great, who was likewife eledled Emperor of the Weft, 
 was govern'd by this Prince, not ib much by Virtue of this fpecious Title, as by his 
 being King thereof j for he lov'd nolefs to be call'd King oi Italy, or of the Longo- 
 bards, than of France and Emperor. Whence it was, tho' our Beneventan Princes 
 oppos'd the Sovereignty that he, as King of Italy, and who had fucceeded in the 
 Room of the Longobard Kings, pretended to over the Principality oi Ben event mu i 
 yet the Title of Emperor making him more auguft and formidable ; and the 
 Opportunities which prefented themfelves, both to him, and the Emperors Lewis 
 and Lothaire his Succeflbrs, rendering our Beneventan Longobard Princes Tribu- 
 taries to the Emperors of the Weft ; it came to pals, that the Polity of all the 
 Churches that were within the Bounds of (6 vaft and ample a Principality, was 
 adapted to that of the Empire of the Weft, and to the Order which Charles the Great, 
 and the Emperors his Succeflbrs fettled in the Weftern Churches, of which, and 
 alfo of thofe that were in the Principality of Beneventum, they took the Care and 
 Protedion. Confequently the Churches of this Principality were fubjedt to the 
 Latin Church, and were rul'd and govern'd as formerly by the Patriarch of the 
 Weft ; the Power and Ambition of the Patriarch of the Eaft not being able to pre- 
 vail in them. 
 
 CHARLES the Great then being elefted Emperor of the Weft, and by fignal 
 Services deferving fo well of the Church of Rome, Adrian and Leo III. Roman 
 Pontiffs, loaded him with greater Honours than ever had been heard of There 
 was a mutual Emulation of Generofity and Courtefy betwixt them. Charles fquan- 
 der'd away Provinces, Cities, Jurifdictions, and other Temporal Riches on the 
 Popes; they on the other hand rcpay'd him with their Spiritual Gifts. '1 hus the 
 two Powers were fo confounded and jumbled together, that their Boundaries, which 
 were clear and diftind; before, could never be well diftinguifti'd and afcertain'd 
 thereafter ; fb that it has been the Opinion of wife Men ', that Charles the Great 
 went further Lengths than Confiantine the Great in ruining the Political State of the 
 Empire, and corrupting the ancient Diicipline of the Church. ' 
 
 ALT HO' Bar mills '^ slx\6. Peter de Marc a "^ rtcVon the Council o( Later an as 
 fabulous, which Sigebert "* relates to have been conven'd in Rome by Adrian, after 
 Charles hadtriumph'd over King Defideriiis, and which Gratian ' upon the Faith of 
 Sigebert believ'd to be a true one, wherein 'tis laid that Charles the Great had the 
 
 ' Rich. Apolog. J. Gerfon. par. ;. axiom. ;6. i dc Cafu Imperii lib. i. ad. A. ()6.\. 
 ' Baron, ad annum. 774. ! "* Sigebtr. inChron. ad A. 77;. 
 
 ' Marca de Cone. lib. 8. c. 12- V. Maimb. I ' Grat. in Deer. dift. 6\. C. Hadrianus u. 
 
 P p p p Power
 
 121 The Civil History of Book VI. 
 
 Power of eleding the Pope, and difpofing of the Apoftolical See conferr'd upon him ; 
 nc\ethelcfs if fuch a Power was not exprefly granted to Charles by Adrian in that 
 Synod, as Leo VIII. did afterwards to Otbo I. yet he had really that Power, that 
 no Pope could be confecratcd without his Confent and Permiflion ; whether this was 
 introduc'd by Cultom, as Floras Mc.gifter ' fays, wholiv'd in the Time of Lexis tl^ 
 Pious ; or whether it was by the Conceffion of Pope Zacbary, as Lupus of Ferrara * 
 believ'd ; or whether it was becaufe he would not be thought inferior to the Emperors 
 of the Eaft, who had the Power of confirming the Pope eledted, nor could he be 
 confecrated until the Emperor had approv'd of him ; 'tis certain that Charles dilpos'd 
 of the Apoftolical See as he thought fit, with the good Will of the Popes themfclvcs, 
 who approv'd of it, both to fhew their Gratitude to Charles for the fb many fignal 
 good Offices they had receiv'd from him, and to cut off altogether all hopes from 
 the Emperors of the Eaft of ever regaining that Prerogative over the Church of 
 Rome, which with the Exarchate and Roi.'/c they had loft. 
 
 THEREFORE Charles fettled the Eledion of the Pope in the lame manner 
 exaftly as it had been, when the Emperors of the Eaft go^•ern'd Rome, to wit, that 
 the Pope fhould be elected by the Clergy and People, and the Decree of Eledliion fent 
 to the Emperor, and if he approv'd of him, the Eledled fhould be confecrated. 
 After Charles's Death, his Succefllbrs Leiuis the Pious and Lotbaire kept Pofleflion of 
 the fame Prerogative. 'Tis true, fometimes the Popes elefted by the Clergy and 
 People were confecrated, without waiting for the Emperor's Decree, as was the 
 Cafe of Pafcbal ; but he fent to cxcufe himfelf to Leivis the Son of Charles, that 
 it was not done with his Confent, but that the People forc'd it upon him, becaule 
 they would have it fb. Lca';.f by his Capitular ia reftor'd the Freedom of Eledlions, 
 not only of the Popes, but alfo of all Bifhops ; but for all that he did not derogate 
 from the Affent and Approbation of the Prince, as the Archbifhop of Paris ' very 
 well proves ; for this excellent Writer, from the Teftimony of Florus Magifier, a 
 cotemporary Author, demonftrates, that the Affent of Leivis was always requir'd, 
 neither did he allow of the Confecration without his Permiflion ; he likewife relates, 
 that after the Year 820, Gregory IV. having been eledled, was not ordain'd until 
 the Elcdtion had firft been examin'd by the Emperor's Ambaffador ; fo far is it 
 from being true, that fome who have been mifled by the Apocryphal C. Ego 
 Lodcvicus •*, have faid, that Lezvis renounc'd this Power of confirming the Pope 
 eledled ; that it is certain, that not only Lewis, but likewife Lotbaire his Son, and 
 Lewis II. his Grandchild, confirm 'd all the Popes eledled in their Time ' ; and it 
 was not before the Pofterity of Charles the Great was extindl in Italy, in the Year 
 884, that Adrian III. made a Decree, that the Pope fhould be confecrated without 
 the Emperor's Confent. 
 
 C HA RLES likewife regulated the Churches of the Weft by his Capitularia, 
 calling Synods by his own Authority, wherein he not only order'd the Prelates of 
 the Church to be prelent, but alfb the Secular Lords, eftablifhing Rules not only 
 concerning the Temporality, but the very Difcipline of the Churches, making fun- 
 dry Ecclefiaftical Laws for the Diftribution of the Revenues and PolTelTions of the 
 Churches and the Tythes, reviving many of the ancient Canons that had been 
 difus'd. 
 
 BUT Charles was no fooner eledled Emperor, than he affum'd much greater Autho- 
 rity in the Eledlions and Ordinations of Bifhops, and he did all by the Permiflion of 
 the Popes themfclves. Altho' he reftor'd the Liberty to the People and Clergy of 
 elcdling the Bifhops, yet he prefcrib'd many Laws concerning Eledlions ; that they 
 fhould eledl one of their own Church or Diocefs ; that the Monks fl:ould eledl their 
 Abbot from their own Monaftery, and with the Authority of the Apoftolical See, 
 and the Confent of the Bifhops ; the Emperor after the eledled Bifliop or Abbot 
 was prefented to him, and approv'd by him, was to invcft them, by delivering to 
 them the Croficr and Ring '•, then they were to be confecratcd by the neighbouring 
 Bifhops ; whence arofe the Right of In'veftiturc, on account of which lb many 
 Quarrels and Contentions enfu'd in the following Centuries betwixt the Popes and 
 the Emperors. 
 
 ' Flor. Magiftr. Traft. de elcft. Epif. ^ 
 
 * Lup. Feirar. apud P. de Marcaloc. cit. n. 9. 
 3 P dc Marca, lib. 8. cap. 14. 
 
 * Ibiaem. 
 
 ' Dccret. Crat. dift. 6^. c. ;o. 
 
 * Richer. Apolog. Jo. Gerfon. loc cjr. 
 
 pag. 191. 
 
 HIS 
 I
 
 Book VI. ?/?^ K I N G D o M 0/ N A P L E S. 325 
 
 HIS Intention was, by thus bringing the Bilhops and Abbots under his Alle- 
 giance, to fix his Empire the better, and to keep his Subjeds with ftronger Ties 
 under his Obedience. Therefore, bcfides having To much advanc'd the Church of 
 Roti/e, and made her Millrels of lb many Cities and Lands, he hkewife inrich'd the 
 other Churches and Monafteries with Baronies, Counties, and very ample and rich 
 Fiefs, by making the Bifhops and Abbots Temporal Lords of the Places where they 
 had their Benefices, by uniting the Temporal to the Spiritual Dignity, as acceflbry to, 
 and depending on it ; and invcfting them in the Temporality with the Ring and 
 Crofier, wherefore he took their Oaths, and oblig'd them to many Performances 
 and Taxes, as alio military Services, like any other Feudatory j which by IVilliam 
 cf Malinsbury ' was reckon'd a Piece of fine Policy, who faid, that Charles oinnes 
 pene terras ecclefiis conferebat, confiliofijfune perpendeiis, nolle facri ordiiiis 
 homines tarn facile quani laicos fidelitatem dominii ftiirejicere. Prceterea^ Jj laid rebel' 
 larent, illos pojfe excommunicaTionis aiifforitate, & poteutice feveritate compefcere. 
 
 C HAKLE S likewile inlarg'd the Power of Cognizance in the Bilhops, and 
 much more in the Bifiiop of Rome ; he gave them Territoriiiifi^ and the Jus Carceris^, 
 U'hich before Charles's Time the Poj^es never had had in Rome itfelf ; and other 
 Princes in imitation of him granted the fame to the Biihops of their Cities. More- 
 over C^^r/« in his Capifularia ordamdy that none of the Clergy, Monks or Nuns 
 could be accus'd before the Secular Magiftrates, but only before the Bifhop j and in 
 Civil Matters they could require to have all Caufes remitted to the Bifhop K This 
 Privilege was afterwards generally confirm'd in all Caufes both Civil and Criminal 
 by the Emperor Frederick I. and his Ordinance was inferted in the Jtijiiman Code *, 
 fo that it pafs'd for a common Law ; whence came the Diflindtion afterwards 
 between the Clergy and Laicks ; the Laicks were under the Secular Jurildidtion, 
 and the Clergy under the Ecclefiaftical. And if they had kept within thefe Bounds 
 the Thing might have been bore with ; but in procefsof Time, befides the prodigious 
 Increafe of the Ecclefiaflical Jurifdidion, for Reafbns which Ihall be taken Notice 
 of in the Progrels of this Hiftory ; the Popes and Bifhops, to whom Princes had 
 granted Fiefs and Jurifdidion, wrefted the Inveftiture out of their Hands, dil- 
 claim'd their AfTent to their Eledions, and retain'd both the Fiefs and Jurifdidtions j 
 boafting befides, that it was not by the Conceflion of Princes that they exercis'd 
 Jurifdidlion over Ecclefiaflical Perfons, but by Divine Right. 
 
 AFTER Charles's Death the fame Favours were continu'd by his Succeflbrs 
 defcended of him, to the Ecclefiaflical State ; and Lothaire I. granted them Jurif- 
 didion over their Patrimonies, allowing them at the Defire of the Abbots, and others 
 who had the Charge of Churches, a particular Judge in thefe Places, whom they 
 call'd Defender, who had the Cognizance of Caufes, and forbidding the Publick 
 Magiflrate to intermeddle in them '. 
 
 TO this blending of the Secular and Spiritual Powers were owing the monftrous 
 Diforders which appear'd in this and the following Century ; the Bifhops and 
 chief Prelates frequented the Courts of Princes, and were of their Council • and as 
 Feudatories commanded Armies ; meddled in the Government and Confultations of 
 State ; neither was it reckon'd unbecoming in thofe Times, to fee the fame Pcrfon 
 both Bifhop and Duke of Naples ; and likewife the fame Pcrfon both Bifhop and 
 Count of Capua ; which made them look on the Exercife of their Sacred and 
 Spiritual Office as beneath their Dignity. 
 
 WHENCE the Monafteries and Churches in the Provinces of the Principality 
 o{ Beneveutum tributary to the Emperor of the Weft, following the fame Example, 
 began to acquire Fiefs and Baronies j for before Charles's Time the Loiigcbard Kings 
 gave Fiefs * neither to Monks nor Clergy, thinking that it did not fuit with their 
 Office, but the Popes found no Inconfiftency in it, neither did they refiife Charles's 
 Bounty, nor that of other Princes, who after his Example inrich'd the Churches 
 and Monafteries ; and Arnaldo da Brefcia having had the Boldnefs to maintain, that 
 Fiefs could not be given to Churches, was condemn'd in the Lateran Council as a 
 Heretick '. 
 
 ' Guliel. Malm. lib. 5. degcflis Reg. Anglii 
 
 ^ Richer, loc. cit. 
 
 ^ Loyfeau des Off. des Sign chap. tf. 
 
 ■* Auth. Statuimus, C. de Epilc. Sc Cler. 
 
 ' Diploma Loth. apudSchiltcrium Comment. ' 
 
 ad jus Feud. Alcman. cap. i. §. 7. V. Srruvium 
 hift.Jur. publ. cap. uk. §.4. 
 
 * Duarcn. in Comment, ad confuct. Feud, 
 lib. I. cap. 6. num. i3. 
 
 ' Sigon. dcReg. Ital. lib. i r. 
 
 I T
 
 2 24 ^^^ Civil History of Book VI. 
 
 IT was not thought inconfiftent, that the Temporal Power Ihould be annex'd 
 to, and made dependent on the Priefthood ; and that the Churches and Monafterics 
 inverted in Fiets with rei'ped to Temporalities, fhould acknowledge the Prince as 
 Sovereign Lord of what they were inverted in ; and as to Spirituals, and in all other 
 Things^ they fhould own the Pope as their Head and Moderator. Whence in procels 
 of Time it was leen, particularly in Geruiauy ', that many Bifliops, Abbots, and 
 Priors were Temporal Lords of the Cities, Villages, and Places where their Bene- 
 fices were fituatcd ; in which they exercis'd in their own Names, and under their 
 own Authority, all Civil and Criminal Jurildiciion as 'J emporal Lords. And 
 bccaufe it appear'd fomething odd for themfelves to exercife Criminal Jurildidion, 
 therefore they made their Officers do it, who by the Laws of our Kingdom, as was 
 pradis'd in France^ ought to be Laicks. For which Caufe thefe their Temporal Lord- 
 Ihips were govern'd by the fame Rules as thofe that were in the Hands of Seculars ; 
 and there is no Difference, but that the former being Ecclefiaftical Poffeflions, are 
 neither Vendible nor Hereditary, but always go along with the Offices; and in order 
 to prefcrve the Sovereignty, and the Rights accruing thereby to the Prince, there 
 being no room left for Devolution, they ar^ tied down to the fame Services and 
 Payments with other Barons, and in place of Fines, the ^I'mdemiia % or Fifteenths 
 are exaded. Whence likewife comes the Cuftom, that with us, according to the 
 Practice oi France, Appeals that are made from their Temporal Jurifdiftions, are 
 brought before the Secular, and not the Ecclefiaftical Courts ' • and ought to be 
 judg'd according to our Conftitutions, the Ordinances of the King, and the Cuftom 
 of Flaces, and not according to the Canon I-a\\^ "*. 
 
 THE firft among us, that by the Conccffion of our Longobard Princes, got 
 PofTeflion of Caftles and Baronies, was the Monaftery of Monte CaJ/ino, whence its 
 Abbot now juftly boafts of being the firft Baron of the Kingdom, and that in the 
 general Parliaments, among all the Barons the firft Place is due to him '. Marimis 
 Freccia *, perhaps by giving credit to the Fables of Petrus Dtaconus % the Con- 
 tinuator of the Chronicle of Leo Ojiienfis, wrote, that the Emperor Jtifiinian had 
 given many Cities and Lands in the Kingdom to this Monaftery ; tho' Leo^ in his 
 Chronicle leems to have had no other Defign, but to make an Inventory of all the 
 Donations and ConcefTions made to that Monaftery by diverfe Princes and Lords, 
 and likewife by private Men, and mentions Things of fmall Moment, yet not one 
 Word of that ; besides Petrus Diaconus mentions fpecial Grants not only of Jtifiinian, 
 but likewife of Juftin the Elder, who reign'd in the Eaft, when all Italy was under the 
 Dominion of the Goths, and when S. Benedin was not as yet come into our Campania, 
 nor had been at CaJJlno. Giftilpbus Duke of Beiievento, as we have f aid, was the firft 
 who inrich'd this Monaftery with Caftles and Baronies j whence in procefs of Time, 
 by the Bounty of other Princes it got the Lordfhip of the City of Cajffino itfelf, and 
 pofTefs'd alfb Fiefs in other Provinces, fuch as Cetraro in Calabria ; S. Pietro di 
 AvcUana, in the County of Mo life j Serra de Monaci in Apnttiitm ; and many more 
 in other Places, of which the Regifter of Abbot Bernard, and the Chronicle of 
 Leo are good Vouchers. Therefore the Abbots of the Mona^ery of Alonte Cajfino 
 took an Oath of Fidelity to the Emperors of the Weft, from whom they obtain'd 
 the Confirmation, or Prxccpta, call'd likewife Miindebiirda, of the faid ConcefTions, 
 as they did to the Emperor Lotbaire II. ; and therefore that Monaftery was efteem'd 
 an Imperial Chamber " ; and in the Divifion made betwixt Kadelchifus and Siconol- 
 ph'.s, was excepted, as being immediately under the Protedlion of the Emperor ; 
 and Henry VI. exempted the Abbot Kofridus from furnifhing Soldiers, to which he 
 ' was bound as a Feudatory ; which King IVtlliam the Good afte'-wards did not do, 
 who for the Expedition to the Holy Land, got from that Monaftery fixty Soldiers, 
 and Two hundred Servants '. 
 
 I N procefs of Time, not only the Monafteries of the Order -of S. Benedi^l, but 
 alio all the other Orders, became Lords of Caftles and Baronies under our Norman 
 
 ' V. Srruvium hift. Jnr. Feud. cap. 8. 
 
 ^ V. Bifcard. in Jur Rfifponf. de Quinden. 
 
 ' Freccia dc Subfcud. lib. j. diff. 15. R. dc 
 Ponte dec. 2. n. 1 . 
 
 * V. Loyfeau des fign. Eccl. cliap. 15. 
 
 ' Abbas de Nocc in Excurf. hift. in cap. f. 
 lib. 1. Leon. Ofl. 
 
 " Free, de Subfcud. lib. i.tit. de Antiq.Regni 
 Stat. num. yy. fol. f^- 
 
 ' Pet. Diacon. ad (.hion. CalT. lib. 4. cap. 
 117, & 118. 
 
 " P. Diacon. lib. 4 c. 1 18. 
 
 ' V. Ab. de Note, loc. cit. 
 
 Princes.
 
 Book Vr. the K i n g d o m 0/ N A P L E S. 325 
 
 Princes. The Greeks being intirely driven out of thefe our Provinces, and the ufe 
 of Fiefs common every where; the Monafterics under the Order of S. Bafil, and 
 other Orders, likewife got Fiefs. 1 hat of S. Elias of the Order of S. Bc.fil got the 
 Town o'i C.irbone with reiped to Civil Matters. The Abbots of S. Mark in Lamis 
 ofS. Dcuxtrtus, and many others, the Orders of S. John of Jerufale/i!^ of S. Srepbea, 
 and many others of different Orders, which may befeen in O'^hellns, hold Baronies. 
 
 OUR Churches and Bifhops were no Icfs plentifully inrich'd tiian the Monafterics. 
 The Archbifhop of Salerno once poflefs'd the Towns of Olibano and Mount Corviiw ■ 
 the Archbilhop of I'araitto got the Town DcUe Grottaglic as to Civil Matters ; and 
 the Archbifhop of Cow/i? likewiie as to Civil Matters got the Towns of S. i1Jt7/^_;(j 
 and S. Andrea ; the Archbifhop of Ban had once Bitritto, Caffaiw, Cajaiiiajfima 
 Modugno, Laterza, and other Towns ' ; the Archbifhop of Brnndifi got the Town 
 of S. Pancratia ; the Archbifhop of Kegg-'o retains to this Day the Caftles of Bcva 
 and Cafiellace ; and the Archbifl-:op of Otranto got other I'owns. The Bifhop of 
 Lecce had S. Petro in Lama, Vernotico, and other Fiefs; the Bifliop of Bojano once 
 pofTefs'd the Town of S. Polo; the Bilhop of <Tricnrico had the Town of MontemurOy 
 and many other Churches, fuch as thole of Gr/7^?;?o, I'eramo^ S. Nicholas of Bart, 
 and others, pofTels many Fiefs and CafUes ; which, that ws may fhun making a 
 longer Catalogue of them here, may be feen in Ughelhis's Italia Sacra. For which 
 Caule, tho' in our Kingdom the Ecclefiaftical State makes not a diffindt State, as in 
 Trance, yet at the general Parliaments the Bifhops and Abbots, as Barons and Lords 
 and not as Ecclefiafticks, lend their Proxies. 
 
 SUCH was the Polity of the Churches and iMonafteries of the Principality of 
 Benevento in this ninth Century, which depended as formerly on the Patriarch of 
 the Weft, and in every Thing were united to the Latin Church. The Monaftick 
 State was ftill advancing in Splendor and Greatnefs ; many other Monafteries of 
 the Order of S. Benedtii were ftil! building there by the Bounty of the Beneventan 
 Princes, and of the Emperors of the Weft themlelves. In the Year 872. the 
 Monaftery of S. Clement in the Ifland of Pcfcara, of the Order of S. Benediff, 
 was built by the Emperor Le-jsis ^. In Garz^ano and Siponto, thofe of Galena and 
 Piilfano were erefted, of which at prefcnt there's Icarcely any Veftige remaining. 
 
 BENEVEN^UM was likewife adorn'd with a newSanduary ; for the Saracens 
 having made themfelves Maflcrs of Sicily, and in the Year 831. deftroy'd the Ifland 
 of Lip ari^ whither 'tis laid that the Bones of the Apoftle Bartholomew hud been 
 brought from the Indies, they likewife violated the holy Shrine, by fcattering the 
 bleffed Bones upon the Ground, which by the Revelation of the Saint himfelf, 
 were gathered by a certain Monk, and tranfported from Lipari to Bene-ventum ' ; 
 Prince Sicardus receiv'd them with the utmoft Efteem and Veneration, and for a 
 long time they were ador'd there ; and the Benevejitans being perfuadcd that they 
 were not afterwards carried to Rome by Otho, pay them ftill the fame Honours and 
 Adoration. 
 
 ' Beatil.hift. di Bari. . . =• Leo Oft. lib. I. cap. 24. Sigebert. ad A. 831. 
 
 ' Ughel. torn. 6. pag. 29S. ' 
 
 S E C T. II. 
 
 7'he Ecckjlajiical Polity of the Neapolitan ChurcheSy and of the other Cities 
 
 fuhje[i to the Greek Empire. , 
 
 ALT HO' in the Greek Church there was not fb great Deformity and Loofc- 
 nefs of Manners, and fo great Ignorance as in the Latin, both in Priefts and 
 Monks ; neither did her Bifhops nor Abbots pofTefs Caftles and Baronies, the Greeks 
 having no Fiefs ; neverthelefs the Separation betwixt the two Churches grew lb wide 
 through the Ambition of the Patriarch of Conftanttnople, and Ibme Dodtrines and 
 Opinions maintain'd in the Greek Church different from thofe which the Latin 
 
 Q^q q q Church
 
 3z6 
 
 Church 
 
 tauglit, 
 
 The C I V I L H I s T o R Y of Book ^'J, 
 
 not to mention feme Points of Difcipline, and their different Rite.- 
 and Ceremonies, that at laft it became irreconcileable. The Greeks opposed the 
 Primacy of the Bifiiop oi Rome, to whom they had a mind to prefer the Biftop of 
 Conftcvitiucflc, or at leafi: to put him upon the fame Le\'el. Therefore there arofe 
 various Debates concerning the Bounds of their Patriarchates ^ whereupon that of 
 CouJicVitiiiople ufurp'd many Provinces which bclong'd to the Patriarchate of ilcw.v. 
 There was a great Difp.ite about Bulgaria, the Patriarchs of the Eaft pretending, 
 that that Country having been taken from the Greeks, and at firft govern'd by 
 Greek Bifhops, ought to belong to the Patriarch of Coufianttncple ; they were like- 
 wife favour'd in this by the Emperor Bafilms, and iiis Son Leo, whom he bad 
 afTociated in the Empire ; fo that Bulg.vria, notwithftanding the Oppofition and 
 Proteflations of the Pope's Legates, was adjudg'd to the Greeks, and the Latin 
 Bifliops and Priefts were expell'd. 
 
 THE Ambition of the Patriarchs of Co>ifiantinopJe being feconded by the Power 
 of the Emperors of the Eafb, took m.any other Churches from the Patriarchate of the 
 A\'efl, which were aflign'd to that of Coiifiantiiwple ; whence it came, that as there was a 
 new Divifion made of the Provinces of the Eaftern Empire, into many I'bcinata, of 
 which Conftantiiie Pcrpyrogenitns compos'd two Books, and a new Defcription of the 
 Officers of the Palace and Court of Confiantinople, of which Codimts ' and Jo^ fines 
 Ctirapalata ^ have made a long Lift -, fo with relped to the Polity of the Greek 
 Church, and the Conf.antimpditan See, their Patriarchs obtain'd from the fame 
 Emperors of the Eafl, that there fliould be a new Divifion made, as well of the 
 Churches fubjecl to the Conftuntinofditmi See, many of which had been taken from 
 that of Rome, as of the Officers of the great Church of Coiijlantimple, of which 
 Coclimis and Curapdata, and others according to Lcunclaviits ' have likewife given 
 the Names and Offices j to the End that thofe Churches, which were taken from 
 the Patriarchate of the Weff, by fuch a Difpofition or Notitias being made by 
 the Authority of the Emperor, might remain firmly united to, and dependent on 
 their See. 
 
 'T IS commonly believ'd, that about the Year 887, in the Time of Leo furnam'd 
 the Phikfopher, after the Patriarch Pbotius had been turn'd out of the Chair of 
 Coufiantimplc, fuch a Difpofition was made ; and Leuncla'vins " records it among; 
 the No'vellx of Leo the Phihfopher ; but Leo Allacci "■ maintains, that it was made 
 ibme Years before in 813, under the Empire of Leo the Armenian ; however that 
 may be, by this Dilpofition we fee, how much in tiiofe Times the Patriarchs of 
 the Eaft had extended their Authority over many Churches, and particularly over 
 thefe in our Provinces, which formerly belong'd to the See of Rome as Suburbicarian 
 Provinces. 
 
 THE Abbot Kilo, furnam'd Dcxapatrius, in his Treatife De qninque Tbronis 
 Tatriarcbalibus'^, which he wrote in the Year 1 143, to Roger I. Kmg of Sicily, upon 
 an Occafion which we fhall relate when wecomc to difcourfe of the Deeds of that Prince, 
 lets us fee how much the Roman Patriarch polTefs'd formerly, and what has been 
 fmce taken from him by that of Conjl ant inople. He pofTefs'd, fays he, all Ettrope, 
 Spain as far as Hcrcv.les's Pillars, with the Iflands of the Weflern Sea, the two 
 Gallia's, the Britip Iflands, Pannonia, all lllyricum^ Peloponnefus, the ylvariy 
 Sclavonia, Scythia to the Danube, Macedonia, 7'be[faloniea, 'fhracia as far as 
 Byzantium, Mauritania, the Mediterranean Iflands, Creta, Sicilici, Sardinia, and 
 Majorca. All Italy, to wit, Superiores Alpes, & qux ultra eas cxtenduntur : nee 
 mn infcriores Gallias, qua Italix funt, five Lombardiam, qua nunc dicitur Longi- 
 lardia, S ylpuliam, & Calabriam, 6^ Campaniam omnem ; & Venetiam, & Proviu- 
 cias qua ultra fmiim Hadrtaticum fo fe effundunt. And concludes, Hxc omnia 
 Romano fubdcbantur. 
 
 BUT afterwards there were many Provinces and Cities, as well in the Eaft as 
 the Weft, fubjeded to the Conjlantincplitan Sec. The Metropolitans of 7'bejfalo- 
 oiica and Corintb fubjedtcd themfelves to the PatriarcJi of Conft ant inople, and many 
 
 ' Codin. dc Of?ic. Aulx Conftaiit. 
 *Curapii). lib. dcOflic Palat. Conftant. 
 
 ' Lcund. torn ijur. Gr«c. Rom- 
 
 " Ibidem. 
 
 ' Leo Allac. de Eccl. Occid- & OFfenr. perpct,' 
 confciil. pag. 426. 
 
 * Ir was tor rhemofl Part rranfcrib'd by Leo 
 Allacci loc. cit. lib. i. cap. 10 & 24. pag. 410. 
 
 and by Eman Schelftrac aatiq.-ill\>ftr. 
 
 Other 
 
 m
 
 Book VI. the Kingdom 0/ N A P L E S. -• 27 
 
 other Metropolitans and Archbifliops follow'd their Example : SicilJa prceterec. 
 he adds, 6^ Cilahria fe Conjlantinopolitniio fitppofiierimt, S Saii^ta Severiita, quce B 
 Nicopolis dicittir. 
 
 Sicilia intern uni'verfa tintim Metropolitatn habebat, Syracufanum : Keliaux -vero 
 Sicilix EcclefiX Syracufani erant Epifcopatus, ctiatu tpfs Panormiis, ^' I'hc-nna S 
 Cephaludium, S Keliqux. 
 
 Calabria qiioqtie timan MetropoUtam Khegmum, reliqtias 'vero Ecclejias Epifccpatus 
 Kb eg:;: us fibi •vendicabat. 
 
 diinriaiiam, in qua Sanfli Fantini Mouaficrium eft, 
 
 JBiboiiein, cujus locum occupavit Miletum. 
 
 Ccnftantlam, qune Cofentia iimic dicitur, & reliquos cmncs^ Calabrix Subje^os. 
 
 Erat S San^a Sevei'iiia Metropolis, babens & ipfa fub fe 'varies Epifcopatus. 
 
 Callipolim, Afyla^ Achenntiam, {3 reliquas ; & fum Le Ecclefix defcnptx in 
 ^aificts Nomocanoms fub I'brono Cnnftanti7ioplitano. 
 
 Adnexx itaque Sicilix, Calabrix, Sau^x Sevcrinx fedcs l'bro7io Conftaiitinopolit^ao^ 
 a Komano a'vulfx ; qucmadiiiodum S Creta, fub Ko7}iano cum ejfet, fub Couftantinopo- 
 litauofa^a eft. Ntbilomims Pontifex v.'les quafdam partes, ^ Epifcopatus noumillos 
 in Sicilia, & Calabria habere deprehenditur. Metropoles euim, Q urbes in cadem 
 illuftriores, & dignicres, OmftaiitinopoUtanus pojfedebat, nfqiie ad Francormn adveti- 
 tuvi ; meaning the Normans, who having driven the Greeks out of thefe Pro\'inces, 
 reftor'd to the See of Rome all thofe Churches which had been taken by the Greeks 
 from that Patriarchate, as we fhall relate in its place. 
 
 Si autcm, adds Nilo, in Longobardia & Apulia, & in omnibus bis Ke^iofiibus, 
 maritimas Metropoles antea poftfedebat Conftantinopolitanus, reliquas Rojnanus, ut 
 Regiones illx per partes poffiderentur. Namque Melodufac Poeta Dominus Marcus, 
 Hydruntum a Conftantincpolitann niijfus fui[fe ccmpcritur. Cum autcm uni-verfx Longo- 
 hardix Ducatus, qux uetus Hellas erat, fub Imperatore erat Ccnftantii:opolitano, Papa 
 •vero fep.iratus fub aliis Gentibus 'vivebat, propterea Patriarcba Ecclejias obtinebat ; 
 7iam Brundufium, t? Tarentum a Conftantinopolitano facerdotes accipiebat ; idque 
 nullum latet. 
 
 THE Difpofition or Notitia of the Metropolitans, and of the Bifhops their 
 Suffragans, fubjed to the See of Conftantinople, defcrib'd to us by the Noiella of 
 Leo recorded by Leunclavius, is exactly the fame with what Nilo has written. He 
 made the Plan of it in the following Order. 
 
 Ordo prxftdentix Metropolitanoriim, qui fubfunt Apoftolico I'brono 
 Conftanttnopolis, & fubje£tormn cis Epifcoporum. 
 
 H E numbers all the Metropolitans with their Suffragan Bifhops, and puts in the 
 firft Place the Metropolitan of Cefarea in Cappadocia : In the fecond the Ephefian in 
 Afia, and fucceflively all the refi to the Number of LVII. Metropolis's. In the 
 XXXII. Place the See oi Reggio or Calabria, with its Suffragan Bifhops, is put in 
 this manner. 
 
 XXXII. Khegienfi.^ fi^ue Calabria. 
 
 I. Bibonenfis. 
 
 2. 
 
 ^aurianx. 
 
 3- 
 
 Locridis. 
 
 4. Rufiani. 
 
 5- 
 
 Scylacii. 
 
 6. 
 
 1'ropxi. 
 
 7. Amantex. 
 
 8. 
 
 Crotonx. 
 
 9- 
 
 Conftanticnfis. 
 
 10. Nicoterenfts. 
 
 IT. 
 
 Bifuniani. 
 
 12. 
 
 No-vocaftrenfis. 
 
 13. Caffani. 
 
 
 
 
 
 IN the XLIXth Place the See of S. Severina with its Suffragan Bifliops is put. 
 XLIX. Sever i an ay Calabria. 
 
 I. Euryatenfis. 2. Acereutinus. 3. Callipolitanus. 
 
 4. At fy lor urn. 5. Caftriveteris. 
 
 AFTER thefe the Metropolis's arc put that have no See fubjedt to them, that 
 is to fav, have no Suffragan Bifhops, and among the rci\ he puts Otranto in 
 l.V. Place. 
 
 LV. Hydriin'^
 
 3 2 8 I'he C J V ! L History of Book VI, 
 
 LV. Hydrimtino qui fnhjit^ nulhis ejl TJrmins. 
 
 AND in the End he fets down by themfelves the Metropolitans with their 
 Suffragan Bifhops, that had been taken from the Roman See, and fubjedled to the 
 Conftantinopoliian ■, thofe that had been takxn from the Diocefles of the Weft, he 
 -sbferves were the Metropolitans oi Kez^gio in Calabria, and ofSyraciife in Sicily. 
 
 Avttlfi a Diacefi Ron/ana, javiqtie i'brono Coiiftautinopolitano ftibjeifi Metropolotmi'^ 
 £^ qui fubf tint eis Epifcopi, fimt bi-j 
 
 I. 'tbejfalouicenfis. 2. Syraciifaniis. 3. Corinthitts. 
 
 4. RJ)€g!enfis. 5. Nicopolitaims. 6. Athtnienfis. 
 
 7. Patrenfis. 
 
 Sub Syracnfim, Sicil/^. 
 
 I ^aiiyorninitanus. 
 
 2. Meffaiienjis. 
 
 3. AgrigenttuP.s 
 
 4. Cronieufis. 
 
 5. Lilybei 
 
 6. Drepani. 
 
 7. Panbormitantis. 
 
 8. fhermartim. 
 
 9. Cephaltidir. 
 
 10. AlefiS. 
 
 II. Tyndarii. 
 
 i2\ Melitenfis. 
 
 13. Lipareiifts. 
 
 
 \ 
 
 SEEING the Greeks could not advance Bifhops to be Metropolitans, becaufe 
 perhaps it was not for their Intercft to take the Churches from the old neighbour- 
 ing Metropolitans, and give them to a new onej when they had a mind to advance 
 any Bifliop, they were wont to dignify him with the Title of Archbifhop, with 
 which (it being only a Title of Dignity, not of Power, like that of Metropolitan) 
 they who were dignified acqiiir'd nothing but greater Splendor, and a Pre-eminency 
 above the other Bifhops of that Province, of whom they had the Preference and 
 Place, ^usfdam AntiJltteSy lays Balfamon, non propterea 'vocari Archiepifccpos, 
 nuod Epijcoporiim Piincipes, & Ordiiiatores fint : Sed quod primi Eptfcoporum habe- 
 antur '. Whence in the Difpofition of the Churches fubjedled to the See of Coi.'~ 
 ftautiitople, befides the Degrees of Metropolitans, we read in the fame Novella 
 of Leo, and likewiie in the Book of the Synodical Decrees alfo printed by Leu7t- 
 clavius % a Lift of Archbifhops fubjeftcd to the Patriarch of the Eaft, and among 
 the reft in XIV Place we find the Archbifhop of Naples, and after him the Arch- 
 bifhop of Mejfina in this manner. '; 
 
 j^rch'iepifcopntHS, 
 
 XIV. Neapolis. 
 
 XV. Mejfana. 
 
 THE Polity and Govcrntnent of the Churches of the Dukedom of Naples, as 
 being comprehended in Catiipania, a Suburbicarian Province, belong'd by Right to 
 the Patriarch of Rome, who, in effeft, as is manifeft from the Letters of S. Gregory 
 the Great, exercis'd all Patriarchal Power in it, tho' the Political and Temporal 
 belong'd to the Empire of the Eaft ; but afterwards the Patriarchs of Ccnfiautinople, 
 fupported by the Power of the Greek Emperors, began to dignify the Bifhops of 
 Naples a Metropolis City of a Dukedom of no Imall Figure, with the pompous and 
 fhining Titles of Archbifliops, and to afcribe Honours and Prerogatives to them, by 
 which they were diftinguifh'd from all the other Bifhops of the Dukedom. We find 
 that 5crg/«j Bifhop of Naples, took the Title of Archbifhop from the Patriarch of 
 
 ' V. Carac tic Sacr. Eccl. Neap, monum. c. i . ^. 10. ' Lcund. loc. clt. ). j. Jur. Crxc. Rom. 
 
 Cojijiautimple,
 
 Book VI. /Z;^ K I N G D o M o/" N A P L r. S -. ■» r» 
 
 Conjiantimpk^ but being rebuk'd for it by the Pope, he repented him of his Error 
 and ask'd Pardon '. ' 
 
 THE Popes oppos'd thefc Incroachments of the Patriarchs of Coiiflanthiople 
 i\ith all their Might, but after the Times of Leo J/airr/cus, and Conjlaiitiuus Copro- 
 nimiii Emperors of the Eaft, when the Difcord betwixt thofe two Churches incrcas'd 
 the Patriarchs of Coiifiaiitiiinple becoming more bold by the Power an.d favour of 
 the Emperors, who were implacable linemics of the Popes, pretended that the 
 Bifhops of thofe Churches that had continu'd under the Greek Empire, ought to 
 acknowledge them for their Patriarchs ; that tliey ought to take their Bulls of 
 Confirmation and Confecration from them, and obey them in all Spiritual 
 Matters, as they obey'd the Emperors of the Ealt in Temporals. And tho' Bari 
 ^aranto^ Briiidtfi, and other Cities of Puglia and Calabria^ were now under the 
 Dominion of the Longohards ; neverthelcfs, being afterwards retaken by the Greeks^ 
 and reftor'd to the Empire of the Eaft, as wc iliall fliew in the following Books j 
 the Greeks likewife fubjedled the Churches of thefe Cities to the Patriarchate of 
 CovftaMifioplc. 
 
 THE Church of Naples then, if regard be had to what the Patriarchs ofCoii- 
 fiantniople took upon them to do, from this Time became Archiepifcopal, but not 
 Metropolitan, becaufe that Title of Dignity was onlv given by thefe Patriarchs for 
 Honour's fake. It was ereded into a Metropolis afterwards in the tenth Century 
 by Pope John, as Ihall be told in its Place ; and for that Reafon in the Novella of 
 Lec^ and the Book of the Synodical Decrees, Naples is not plac'd in the Number 
 of the Metropolitan Cities fubject to the See of Coiijiantiiiople, but amongft the 
 Archiepifcopal, which the Patriarch of the Eaft pretended were fubjed to him. 
 But notwithftanding this Claim, he never pretended to confecrate the Biftiops of 
 Naples, who were no fooner eleded by the Clergy and People, than they went, 
 as formerly, to Romc to get themfelves confecrated by the Popes. 
 
 FOR this Reafon the Church of Naples was never feparated from the Lathi 
 Church ; but being in a City fubjed to the Greeks, and by the continual Com- 
 merce with the Eaftern People, much frequented by the Greeks, had Priefts and 
 Clergy of both Communions ; there were two Chapters, the one Greek % and the other 
 Latin ; and manyParifhes and Churches, as well Latin asGreck were ereded, which 
 for the Reaibn juft now mention'd happen'd in this Century, and not in the Time 
 of Confiantine the Great. There were reckon'd fix Greek Parochial Churches ; that 
 of S. George ad Forum; that of S. Januarias ad Dlaconiam ; the Churches of 
 SS. J-ohn and Paul, of S. Andrew adNidum, of S. Maria Rotunda, and of S. Maria 
 in Cofniedm '; in which the Priefts celebrated the Sacrifices and Divine Offices 
 according to the Rites of the Greek Church ; but upon certain appointed Days, 
 afllmbled with the Latins in the great Church, and with promifcuous Rites, and 
 Latin and Greek Songs prais'd the Lord *. 
 
 FROM Naples having had two Clergies, the one Latin and the other Greek, 
 our Chioccarelli ^ believ'd, there likewife had been two Bifhops in it, the one Greek 
 and the other Latin, as Cyprus is faid to have had two Archbifliops in the Time of 
 Pope Innocent IV. the one Latin and the other Greek ; thus does he interpret the 
 Afts of the Life of S. Athanafius Bifhop oi Naples. But this is repugnant to all 
 Hiftory, and the fo many Catalogues which we have of the Biftiops of this City, 
 in which there's no fuch Deformity to be found in this Church ; wherefore P. Carac- 
 ciolus * cenfur'd this Error, and explain'd the Ambiguity of the Ads of that Saint " 
 compos'd by P. Diaconus of CaJJino, who had led Chioccarelli into the Miftake. 
 
 THE Bift'.op of Naples then, tho' dignify 'd by the Patriarch of Conjiantinople 
 with the Title of Archbiftiop, did not exercile any Power of a Metropolitan over 
 the Biftiops of his Dukedom: He only had the Precedency in Honour and Dignity, 
 as Biftiop of the Ducal City ; and in this Age the Biftiops of this JDukcdom were 
 thole of Cuma, Mtfeno, Baja, Pozzuoli, Nola, Stabia, Sorrento, and Amalphis ; 
 
 ' Jo. Diacon. in Chron. Epifc. Neap. IIIc 
 dum a Grxcorum Pontificc ArchiepHcopatum 
 naiicifccretur, ab Antiftite Romano correptus 
 veniam impctravit. 
 
 ^ V. Capacium lib. i. fol. fy. Franc. Anr. 
 Purpuram Refponf. pro Monachis Bafilian. In 
 $auU prxcedcntiK cum Monach. Cadin. I 
 
 R r r r ia 
 
 ' V. Eugenium in Eccl. S. Georg. Sc S- Mari* 
 in Cofmcdin. 
 
 * X. Cliioccarcl. de Epifc. Neap, ad A. 873. 
 ' Chioc. loc. cit. 
 
 * Carac. de Sacr. Eccl. Neap. Monum. cap. 
 J)-. Seft. 2.
 
 1 1 o 7i)e Civil History of Book YI. 
 
 in proc efs of Time So-n-ento ^nd yitmiphis were advancd to be Metropolis's; and 
 Ctnihij Mij'em, Bajj, and Srd'ia were deftroy'd. But tho' ]\'apks loft thefc 
 Cities, when it was made a Metropolis, it got Averfj built by the Normans, Ifcb:.!, 
 Acerra, Nola, Pozzmli, that were for a long time Suffragans to its See. 
 
 IN the other Churches of the Cities fubjed to the G:cek Empire, the Patriarchs 
 oi Confimtinoplo exercis'd greater Authority, and particularly in the Churches of 
 Keigio, S. Severma, and Otrcmto ; and after the Greeks had recover'd I'aranto, 
 Brmdifi and Bari, and other Cities ofPuglia and Calabria^ they pretended the fame 
 Authority over them. 
 
 THEY m^Ae R.ergio a Metropolis, and appointed thirteen Suffragan Bifliops 
 to it, as we have feea They eredled S. Ss-vcr'nia into a Metropolis, and fubjedled 
 five BiJhops to its See. To the Metropolitan o^ Otrj.nto they gave none; but in 
 the Time o£ Nicephoriis Phocas, about the Year 968, while Polieutus was Patriarch 
 o^Condantinoplc, the Bifliops of yfcfjr/i^^, I'lircico, Gravina, Matera, and T)-icarico, 
 were made Suffragans to it, the Confecration of which Bifhops, as Luitpr.^udiis B'lihop 
 of Cremona ' relates, he would have to belong to the Metropolitan of Otranto ; and 
 Nicephorus fo much inlarg'd the Bounds of this Metropolis, and the Greek Rites, 
 that he commanded the Divine Offices to be celebrated no more in Latin, but in 
 Greek, over all PagUa and Calabria ; and other moft ample Privileges were granted 
 to it, which may be feen in Ughelliis's Italia Sacra -. 
 
 3 KIND IS I and I'aranto, after they were reft or d to tho Greek Empire; 
 A Conjiantincpolitano Sacerdctes accipiebaM, fays Nilo. 
 
 WHEN the Greeks retook Bari, ^rani, and other Cities o( Puglia from the 
 Saracens and Longobards, their Churches were likewife fubjcded to that Patriarch. 
 Theodore Balfamon in the Account which he gave of the Sees fubjedt to the Patri- 
 archate of Confiantinople, in the Reign of the Emperor Andronicus Paleokgns the 
 Elder, befides the Eaftern Churches, reckons amongft the Weftern the Church of 
 Bari to be Number 31 ; that of I'rani 44 ; that of Otranto 66 ; and that of Reggio 
 in Calabria 38. 
 
 WHENCE according to the Teftimonies o£ Bcatillus ^ and Chioccarelli *, there 
 are many Original Greek Bulls preferv'd in the Archives of the Cathedral Church 
 o'c Bari, fent by the Patriarchs of Confiantinople to the Archbifliops of that City, 
 by which the Elections of the Archbifliops are confirm'd; which continu'd all the 
 Time that Bari (being likewife made a Metropolis of a confiderable Dukedom, 
 where the Greek Magiftrate refided) with Piiglia, were fubjedt to the Greek Empire, 
 and until the Greeks wtrt driven out of that Province by our valiant Aoi-;;w;«. Whence 
 to this Day all thefe Cities retain many Veftiges of the Greek. Rites and Cuftoms ; 
 and they likewife keep up many Greek Titles denoting Dignity and Offices, as Keggio 
 retains yet the Protopapa, and other Cities the Cimeliarcbcc, and the Clergy as well 
 Greek as Latin. And whence likewife, as Leo Allaci alfb obferves ', for a long 
 time the Dodlrine of the Eaftern Church was maintain'd in our Kingdom by the 
 Monks, particularly by the Order of S. BaJJl, for which the famous Barlaam became 
 renown'd with us, of whom we fhall fpeak in his Place. 
 
 WHEN the O/j^o's govern'd in the Weft, thefe Emperors endeavour'd to free 
 our Churches in Puglia and Calabria from that Servitude, and to reduce them all as 
 formerly under the Patriarch of the Weft. For that end Luitprandus Bifhop of 
 Cremona, about the Year 968, was feni to the Emperor Nicephorus Phocas, but to 
 no purpofe ; for the Reduftion of all our Churches under the Pope, was relerv'd 
 to our Norman Princes, who having driven not only the Saracens, but likewife the 
 Greeks out of Sicily and thefe our Provinces, made themfelves lb well deferring 
 of the Church of Rome, that befides the important Services they did her, they 
 united all our Churches, as they were formerly, under the Direftion and Difpofal 
 of the Pope, to whom by Right they belong'd ; as fhall be feen in the following 
 Books of this Hiftory. 
 
 ' Luitprand. Legatio ad NIceph. Phoc. pro l ^ Beat. hift. di Bari, lib. i. 
 Ottonib. I "* Chioc. de Epilc. Neap. A. 7^0. 
 
 * Ughel. de Archiep. Hydrun. • ' Allaci, lib. 2. cap. 17, pag. 828. 
 
 THE
 
 C 53' ] 
 
 THE 
 
 CIVIL HISTORY 
 
 Of the Kingdom of 
 
 NAPLES 
 
 BOOK VII. 
 
 HE Fall of our Lougohnrd Princes, and the rifing up again 
 of the Greeks, the Incurfions of the Saracens, and the 
 {o many Mifchiefs and Calamities which thefe our Pro- 
 vinces have iuffer'd, fliall be the Siibjedt of this Book. 
 We are going to relate the lad and unfortunate Events 
 which reduc'd them to a very miferable and lamentable 
 Condition. The Lciigolard Princes being divided amongft 
 themfelves, theirintcltine Broils ruin'd th^ir State : Their 
 Quarrels render'd the Authority of the Emperors of the 
 \Vcft of greater Force, who fi-om Tributaries made them 
 Feudatories. On the other hand, the Saracens being 
 invited by our Princes themfelves, compleated their Deftrudion. The Principality 
 of Bcneveuto, all in Confufion and torn to pieces, gave a fit Opportunity to other 
 Nations, who taking advantage of fo many Revolutions and Difordcrs, invaded it 
 on all Sides, which ended in their being fubjcdled to the Dominion of another 
 People. The Stubbornnefs of the Capuans was the Origin of fo many Calamities, 
 
 but much more the Villany of Laiidiilpl/iis their Cajialdns. 
 
 THE
 
 1 : 1 The Civil H i s t o p. y of Book VI L 
 
 THE Capuans hearing of the Election of Radelchif.us to be Prince of Bentrveuto, 
 were much difTatisfy'd ; they were afraid that this Prince would not bear with their 
 Treachery, and they were much more afraid of Lcndulpbus. This laft was accus'd of 
 being privy to a Confpiracy, which j^delcbifnis the Son of Rcffridus had fram'd 
 ajainfl: Radelcbi/Ins, who having difcover'd it, caus'd Adclchifiiis to be thrown out 
 of a Window, and endeavour'd to get hold of Laudiilphus, who ha\ ing notice 
 thereof, immediately fled. On the other hand Siccnolphus Brother of Sicardus had 
 been confin'd to a clofc Prifon b)' his Brother, but foon after had made his Efcape 
 and for a long time was kept conccal'd by Urfns Count of Ccnfa^ his Kinlman, at 
 laft having got to 'faranto^ he remain'd there; and Kadelchifms was no Iboner 
 advanc'd to the Principality o? Beueiento^ than he {cmDauferins into Exile, who went 
 to Nocera a City of the Dukedom of Naples, and began to follicitethc Salernitans to 
 join with Land'iiJphus Count of Cr/)//^7againft Radclcbijiiis, in order to fet Siconclpbus 
 the Brother of Si card us on the Throne '. 
 
 THE Capuans having likewife drawn in fbmc Bevevejitam to their Party, call'd 
 Sicouolpbiis from I'araiito, and made him come to Salerno, whither both the Capuans 
 and Bcncventans went and prodaim'd and eledied him Prince in the Year 840. 
 Landulpbiis join'd with him, took polTenion of ^/Vo/W/5, and at the fame time made 
 a ftri(5t Confederacy with the Neapolitans, who greedily embrac'd the Opportunity, 
 in order to revenge themfelves of the Bensvcutaiis their old and obltinate Enemies. 
 Siconrlpbi'.s became more bold by the Addition of fo great Strength, made himfelf 
 Mafter of Salerno, by defeating Radelcbifius's Army, and forthwith poffels'd himfelf 
 of Calabria, and a great Part of Puglia, which he fubjedted to his Dominion ; from 
 whence carrying his victorious Standard towards Bencvento, he took many Cities 
 and Caftles in that Neighbourhood, and likewile had the Boldnefs at laft, being 
 tranfported with fuch a profperous Run of Succefs, to befiege £eKfx;f;;ro itfelf ; but 
 being boldly repuls'd by the Beiwventans,he return'd to Salerno. 
 
 ' Erchemp. num. if. Ofticnf. lib. i. c. 2;. 
 
 SECT. I. 
 
 T'/'c' Divi/ion of the ^riucipality of Bencvento, fiom which the ^ihicifality 
 
 oj Salerno had its Rijt. 
 
 RADELCII IS lUS feeing his State overturu'd, full of Rage and Fury 
 march'd with all his Forces againft Stconolpbv.s, fwearing openly, that he would live 
 no longer if he did not extirpate him out of the Earth ; but perceiving that his own 
 Forces, and thofe of his Beneventans were not fufficient for lupprefling lb powerful 
 an Enemy, who was daily gathering more Strength ; being traniported with Fury, 
 and not minding the grievous Calamities to which he expos'd his State, defign'd to 
 apply worie Remedies to fo great Mifchiefs. As we have faid, many Saracens 
 had come from Sicily in order to deftroy us, who under their Leader Calpbus 
 were ravaging Japygia, and the Neighbourhood of Bar i. Pandon was Governor of 
 that City under Radelchifius, who commanded him to invite the Saracens to his 
 Afliftance, which he obeying, got a great Number of them to come, whom he 
 lodg'd without the Walls of Bari, on the Sea-fhore ; but the fubtle Saracens knew 
 well how to take Ad\'antage of the Jundlure, for they obferving the Garrifbn of the 
 City, and its Situation, found they could mafter it : One Night on a fudden they 
 cnter'd Bari by fbme hidden Places, made a terrible Slaughter of the Chriftians, and 
 poffcfs'd themselves ot the City. Thus Bari from the Lungobards came under the 
 Dominion of the Saracens, afterwards the Greeks drove out the Saracens, and poflels'd 
 it for a long time. 
 
 RADELCIIISIUS on the one hand defirous to have 5'/Vo;;o//iZ7«j humbled, 
 after he was ingag'd in that Undertaking, not being able to carry on another War 
 againft the Saracens for turning them out of Bari, wjnk'd at the Fad:, and befidcs 
 
 made
 
 Book Vir. the K I N G D o M 0/ N A P L E S. 575 
 
 made them his Auxiliaries; therefore he invited them to make War aoaiiift SUj- 
 nolpbus^ whereupon having join'd his Forces with thole of the Saracens, "they beoan 
 fo cruel and obilinate a War, that thev mifcrably afflidlcd thele our Provinces ■ 
 Sicoudphv.s on the other hand, with the lame Rage and Fury, relblv'd to oppofe the 
 Forces of Radelcbifius coft what it would. He flood his Ground at firft, and after- 
 wards made a worie Step than Kadclcbtfius, b)- in\iting the Saracens from Spain to 
 his Aflift?nce, which compleated the Ruin of them both. There never had been 
 feen in this our Country move cruel and terrible Slaughter, than what was made at this 
 Time by the Saracens of both Sides ; they laid Capua in Afhes, burnt and deftroy'd 
 many Cities ; and thofe who kept Poflfenion of Bart, having taking Taranio laid 
 Calabria and Piiglia wafte, and went as far as Salerno and Benevemo. All was full 
 of Slauglucr and dead Bod'cs ; the Saracens^ like a Deluge, over-run our beautiful 
 Country. '1 hefe Calamities continued for the Space of twelve Years ; fo that the 
 Beneientaiis themfelves, being fenfible of their own Mifery, and too late convinc'd 
 of their Error, were forc'd, in order to calm fo furious a Tempcft, to have recourfe 
 to the Afliftance of the French, for driving out tlie Saracens, and makin'^ Peace 
 betwixt thefe two Princes. 
 
 AT this Time the Emperor Lotbaire govern'd the Empire of the Weft and Italy, 
 as we have faid, who had elcded Lotbaire II. his Son King oi Italy, who afterwards 
 fucceeded him in the Empire. King Lewis was humbly intreatcd by Landon Count 
 of Capua, the Son of Landv.lpbiis, and by Adimartis and Baffacit'.s the renown'd 
 Abbot oi Monte Caffaio (which during theie Troubles had been often piilag'd) that 
 he would be pleas'd to march to the Principality oi Benemento with a powerful Army 
 in order to drive out the Saracens, and make Peace betwixt thele two Princes: 
 Leivis, tho' but a Stripling, influenc'd by the Love of Glory, eafily confentcd to 
 their Requeft, and immediately march'd to Bene-oento ; from whence having driven 
 the Saracens, and confin'd them to Bari, now their Seat, he purg'd the other 
 Provinces oi BeneveiJo of this Plague. Afterwards interpofing his Authority, he 
 •was altogether bent on reconciling thefe Princes, whom at laft he brought to a 
 fettled Agreement, by dividing betwixt them all the Provinces of Bcneventn, fo 
 that two Principalities were made out of one ; that of Benevento was kept by Radel^ 
 chifitis, the other of Salerno was confirm'd to Siconolpbus, both of them taking an 
 Oath of Fidelity to Leivis, w^hom at laft they acknowledg'd for their Sovereign. 
 Thus were thefe our Provinces, excepting the Dukedom of Naples, and thofe Cities 
 that were fubjedl to the Greek Emperors, brought under the Dominion of the 
 Emperors of the Weft, who as Kings of Italy pretended to exercife the fame Autho- 
 rity over them, as the Lvngohard Kings had done. 
 
 THESE were the pernicious Confequences which our Beneventans brought upon 
 themfelves by the Civil Wars which they carried on and maintained in their own 
 Country. I. Their being oblig'd to acknowledge Leivis for their Sovereign, and 
 fwearFealt)' to him, \\\\\c\iCharkstbeGreat\\\m{e\f, nor Pf^/K his Son could notobtain 
 from Arecbis nor Grtmoaldus. And tho' the other Grimoaldus third Prince of Bene- 
 •vento, and Sico and Sicardus who fucceeded him, made themfelves Tributaries to the 
 Frencb, yet they never went fo far as to make themfelves Feudatories. Which, tho' 
 it did not derogate from their ftill being Sovereigns of their Principalities, becaufe 
 fworn Fealty, and AfHltance in War, neither diminifh the Liberty of the Vaffal as 
 to himfelf, nor the abiblute Power which he has over his Subjedls ; yet (which 
 can't be deny'd) it debafes and impairs the Splendor of a Sovereign State, which 
 without doubt, is not fo pure and majeftick when it's clogg'd with thefe Burdens ; 
 fo that Bodinus ' is of Opinion, that tho' tributary Princes, or thofe under Pro- 
 tection, ought to be reputed Sovereigns, yet for all that, Feudatories are not to be 
 efteem'd fuch ; of which we fhall have a more fit Opportunity to difcpurfe, II. To 
 fee a Principality divided into two, which of confequence brought onafecond Divifion, 
 that of Capua ftarting up, and which of courfe muft ruin them at laft, and they 
 become a Prey toother Nations. III. Their having brought a moft troublefbme 
 Thorn within their own Bowels, fuch as the Saracens were, who being fix'd in Bari, 
 it was not long before they over-run both the Principalities anew ; fo that their 
 own Forces not being fufficient, they were neccflitatcd to have recourfe to foreign 
 
 Bodln. dc Rcpub. cap, 6, 
 
 S f f f Afliftance
 
 ^54 '^^^ Civil History of Book VH- 
 
 Afliftance in order to fupprefs them, and by that means render 'd the Authority that 
 the French had acquir'd over them the greater. 
 
 THIS Divifion was made in the Year 851, betwixt Adelchifius and Siconolphus, 
 to which almoft all the Counts and C'r/vAZ/.of the Principality oi Beueyento likewile 
 confented, and very many of them, together with thefe two Princes, feal'd it. We 
 read to this Day the Articles of this Di\ ifion made by KddaUbifii'.s in PtUegrinuSy 
 wherein the Bounds of tliefe two Principalities arc diftindly dclcrib'd. 
 
 UNDER the Principality of .5'^/m/o many Crty?^/(^^r/ and Caftles were compre- 
 preliended; I'aranto, LattiiiaiWj O'jfano, Ccffenza^ haiuo^ Uicauia, by iome caH'd 
 Pefio^ Coufa, Moiiiella, Kota, Salerno, Sarno, Cunitenniii, Furailo, Capua, Team, 
 Sora, and the half of the CaJiaUatus of Acerenza, on that Side where it joins 
 Latiiiiauo and Confa. 
 
 St. ANGELO adCerros, which includes the Kocks oi Monte Virginc, as far as 
 the Place caird Fenefiella, was made the Boundary betwixt Bene-vento and Capita. 
 Betwixt Beiiez-ento and Salerno, the Place call'd y-^/l; Pellegrini was made the Limit ; 
 and betwixt Be?ieve}:to and Crui/'a Staffiio was the Boundary. 
 
 THE whole Province o^Benextnto ht\u^ divided after this manner, the North 
 Part, which joins to the Adnatick Sea, remain'd to Radakbifuis Prince oi" Benevento j 
 the South Part, which jcMUs to the Tyrrbeniau Sea, fell to i'/fo?/o//)/;'/.'j- Prince oi Salenio. 
 Whereupon Salerno being made the Seat of princes, began to raile its Head 
 above the other Cities of this Province ; a City in thofe Days very ftrong and well 
 provided, which yJrechis, as we ha'^'e laid, had fortified and iurrounded with very 
 ftrong Towers and Walls, in order to have it for a Place of Refuge and Safeguard 
 in cafe of Diftrels. 
 
 THERE were likewife many other Conditions agreed to in this Divifion, 
 amongft which the moft Material and Principal weye, that Kadalchifius prcmis'd not 
 to difturb the Principality o£ Salerno, and to acknowledge for lawful Princes, Siconol-' 
 pbiis, and whoever he fhould chufc for his Succeflor ; to join their Forces together 
 for driving the Saracens out of their Dominions ^ that no Hofliiities fhould be com- 
 mitted by the People of the Principalities on either Side, but every one allow'd to 
 live where they thought fit, and to return to the Cities and Caftles where their Habi- 
 tations were, every one to enjoy quietly their own Pofleflions ; and that thole who 
 ■were defurous to go from the Principality of Salerno, to the Sandbuary of St. Mtchaet 
 in Mount Gargano, comprehended in the Vv'mc\^3.]ix.y oi Benexento, (hotdd not be 
 jHolefted, but be allow'd to, pafs without Oppoficion or Damage; that all Bifliops, 
 Abbots, and the inferior Clergy, Ihould return to the Bifhopricks of their owa 
 DiocefTcs, and to their Churches and Monafleries ; and if they Ihould refuie, noc 
 having a lawful Excuie, they were to be oblig'd by force to return to their Places of 
 Refidencc, as well the Bifliopsasall the other Clergy, excepting thole however, who 
 ferv'd the prince in his Palace, or thole who had been compell'd to take Orders ; 
 that all Monks and Nuns Ihould return to their Monaflcries where they formerly 
 liv'd, excepting thofe who to plcalc others had cnter'd by Force, and thole wJio 
 Ihould be employ 'd in the Palace; that all the Goods of the Churches, Bifhopricks, 
 and Monafteries, that were under Rules, or belong'd to Holpitals, Ihould be taken 
 account of, and according to their Value fhould pay the wonted Tax to the Prince ; 
 excepting ne\xrthelefs the Monafteries oi Monte Caffmc, and St. Vmc£iit in Vulttmio, 
 which being immediately under the Protedion of the Emperor Lcthaire, and King 
 Le:i:is his Son, were to keep their Privileges, Prerogatives, and Superiorities intire ; 
 excepting alio the Goods of the Abbots and Canons w;ho ferve in the Palace. Many 
 other Stipulations were agreed to, each of them promjiijig Performance with fokmn 
 Oatlis ; and for the greater Security, the Authority of the Emperor was likewile 
 interpos'd : They gave alfb their Paroles to Lewis, who was prelcnt, and to Lothaire 
 his Father, calling him Our Emperor (by realon of the Oath of Fealty) faithfully 
 to obfcrve thcfe Stipulations. The Peace being concluded, the Priibners were de- 
 hvcr'd up, Peter the Son o£ Landon was deliver'd to Siconolphus, and alio Poldefrit 
 the Son oi Pandulphus ; and on the other hand, Adelgiftis and Ladelgijiis ihc Sons 
 oi K(tda(cbijlus were deliver'd to him, with Pcto his Nephew. And Leivts thinking 
 that he had quieted all the Difturbance$ of thefe Provinces, return'd to France. 
 
 THO' this Peace had been thus fettled, yet Siccnolpbits Prince oi Salerno did not 
 
 long enjoy the Fruits of it, for loon after, in the lame Year 851. Siconolpbiis 
 
 the firll Prince of Salerno died, after ten Years and fome Months uneafy and 
 
 o imbroil'd
 
 Book VII. ?/:7^ K I N G D o M 0/ N A P L E S. 355 
 
 'mbroiTd Reign from the Dav of his being proclaim'd Prince, which was in the 
 Year 840 ; he was a Prince of extraordinary Valour, but Death robb'd him of the 
 Enjovm.ent of the Fruits of his fo many Fatigues. He left Sico his only Son, as vet 
 a fucking Child, Meir to his Principality, and left him Peter ' for his I'utor. 
 
 .SOME Months after Kadakbifius likewiie died ; the Bcncvcntcuis did not fail to 
 ered h'm a magnificent Tomb, on which in many ^'erfes they fet forth his Virtues. 
 They did the fame to Caretrnda his Wife, by whom Kadalchifins had twelve 
 Children : Krdelgarius was elected in his Room, who govern'd a few Year^ and 
 died in the Year 854, to whom the BeneventiViis likewife credcd a ftately Tomb \ 
 yijo ' another of his Sons was Bifhop o\' Bcne'vento ; and AdelriivA on the Death of 
 his Brother fucceeded : The reft were Counts and valiant Captains. 
 
 BUT in the mean time, about the Year 852, the Saracens who had fix'd their 
 Refidcnce in Bar:^ over-running Pu^lia and Calabria^ ad\'ancf d to Salerno and Bene- 
 lento ; neither were the Yorces oi Kadelgariiis and Arc fufficient to repuhe fuch a 
 furious Atcnck ; they were oblig'd anew to have recourfe to Lewis, for which purpofc 
 the two famous Abbots Bajfacius of St. Benedifl, and James of St. Vincent were 
 appointed, who having reprefented the cruel Slaughter which the Saracens had 
 made of the Bene-ventans, they intreated him that he would come and drive them 
 away ; for which the Bene'ventans offer 'd to become his molt f:iithful Servants, and 
 to give him Power of fubjedting them to the meaneft of his People '. l.eivts came 
 immediately to Italy, and march'd dire6tlv to Bari ; but the Captians and Salcrnitans. 
 unmindful of their Promifes, having withdrawn all the Affiltaiice neccffary for 
 carrying on the W'.ir againft the Saracens, had hid thcmfehcs ; at which Lcicvt was 
 much offended, and being well appris'd of their Treachery, he us'd them very 
 fcverely ; and feeing that Sico, by reafon of his tender Age, was unfit for Govern- 
 ment, he committed the Principality to the Government of Ademarus, a gallant 
 and famous Captain, the Son of the abovenam'd Peter ', and return'd to France^ 
 taking along with him Sico vet an Infant. 
 
 THUS did our Longobard Princes begin to feel the heavy Burden of a foreign 
 Yoke, by which their Dominions came not only to be difpos'd of, but tranf^ 
 ferr'd from one Family to another ; for Ademarus not long after, in the Year 856, 
 S'.co being dead, began abfolurely to ufurp the Principality, which he held for near 
 fix Years, until the Year 861, when, by the Inftigation of Count Landon ;\nd Lan- 
 dulphiis Bifhop of Capua, he was imprifon'd by G naif er Ins the Son of Datiferitis the 
 Stammerer, who fucceeded him, and afterwards in the Year 866, when the Emperof 
 Lewis II. return'd to the Hither Italy ^ had his Eyes put out. 
 
 • Pel. Stemm. Pr. Saler. 
 
 * We likewife read of thefe Tombs in Pelle- 
 grinus's Hlftory. 
 
 ^ Erchemp. num. 20. Ec fimus inquiunr, 
 fidelifTimi famuli ejus, conftituatque nos liibefle 
 Cuilibec ultimo fuorum. 
 
 '* Ignot. Caflin. n. i^. Anon. Silcrn. in edit, 
 apud Pell. 
 
 ' Chron. Salernit. Erchemp. num. 26. Anon. 
 Salern. inedit. hiftoriola Ignotl Caflin. num. 22. 
 
 Aemarius junftus cum Neapolitanls intebatur 
 quiddam dolofe erga fuos ; ob hoc oculi ejus 
 avulfi, fpernlrur a Principatu, & Warferius 
 Salcrni faftus eft Princcps. Nam d&minus 
 Adcmarius Suram, Arpiiium, vicum Album, 
 & Autinum tradidit Francis, id eft \Sidoni 
 Comiri. In his loci"; prxcrat Landulfus Caftaldius 
 qusdam amifillec loca, prae nimia efV triftitia 
 defunctus. 
 
 SECT. H. 
 
 T'he Origin of the 'Trincifality of Capua. 
 
 THE disjoining of Capua from the Principality of ik/(?rKo was the Occafion of 
 greater Mifchiefs ; for Landulphtis Caftaldus of Capua would no longer obey 
 the Prince of Salerno, to which his Cafialdatus was fubjedt, according to theDivifion 
 of Kadalchifttis ; but making himfelf Lord of it, one Principality became three, 
 that of Benevento, Salerno, and Capua ^ tho' Landtilphus did not affumc the Title 
 of Prince, but of Count, fo that the Race of the Cfounts of Capua began in him ; 
 
 neverthelefs
 
 ^ 3 6 The Civil History of Ecck VH. 
 
 jieverthclels he govern'd his County with abfoUitc Authority ; and dying i;i the 
 Year 342, Laadalpbus his Son, who fuaxcded him, likcwiic govern'd the County 
 thirteen Years and nine Months with abjblute and independent Sway. He tranJ- 
 ported the Inhabitants from the ancient Ct/vm, abb call'd,5'/«/)r///.f, to the new, which 
 he creded in the Year 836. near to the Bridge CaJ/ilmo, three Miles diftant from 
 the Ancient ; and it is the fame which is now fortified with ftrong Towers and 
 AN'alls, and reckon 'd the ftrongeft BuKvark in the Kingdom. 
 
 THE other L^?;.'aci;; liis Son, third Count of Ctf/)?.'<7, govern'd the Connty as his 
 Grandfather and Father had done, independently of the Princes of Salerno ^ atid 
 thus thereafter thorough a long SuccefTion of Counts governing this County with 
 ablolute Sway, it continn'd disjoin'd from the two Trincipalitics of Bcuetcnto and 
 Salerno ; fo that we read ', that Landulpbu--^ on the laft Day of his Life, witli his 
 laft Breath, call'd his Sons to him, and left them this Command, That they (liould 
 always make it their Bufinefs to foment DilTcntion and Quarrels betwixt the Princes 
 of Beiieveiito and Salerno, becaufe otherwiie they could not expedt to preferve long 
 the State which he had acquir'd from tiie Spoils of ihofe two Principalities. In e&tt 
 the Sons carefully obferv'd their Father's Command, tho' it was contrary to that 
 which Chrift gave to his Difciples ; for after his Death, they, as is faid, threw off 
 the Yoke altogether, and by no means would obey Sicomlpkus Prince of Salerno^ 
 and efpecially Land'jnulphiis one of the faid Sons, was always in Oppofiticn to him, 
 and ungrateful ; and they not only oblerv'd this Command, but they tranfmitred it 
 to their PofterJty as a perpetual Deed of Trufr, leaving it as an Inheritance to their 
 Succeflbrs '. 
 
 THUS the Principality of Benevento being divided, a new Polity was introduced, 
 and new Difturbances began to confound and turn thefe our Provinces topfy-turvy, 
 becaufe Emulation and Quarrels beginning betwixt thefe Princes, \Vars often 
 follow'd, and by fighting amongft thcmleKes they gave frefh Occafions for the fre- 
 quent returning of the French, and encourag'd the Saracens to make War with them, 
 and to make themielves more powerful in thofe Places which they had pofl'els'd. 
 
 THE Difbrders did not end here, forafmuch as the Neapolitans taking Advan- 
 tage of thefe Divifions, and refufing to pay Tribute to the Bene'ventans, and becaufe 
 they were often afTifted by the Rival Princes, became more daring, and thereby 
 the Feuds continu'd to be the more irreconcilable and cruel. 
 
 THE Polity which by Degrees was afterwards introduc'd was worfe, for tho' 
 formerly the Principality of Bene'vento was di\ ided into many Counties and Caftal- 
 dati, yet each of them was govern'd as formerly by one fingle Prince ; but after- 
 wards the Princes of Benevento, thofe of Salerno, and efpecially the Counts of 
 Capua, divided the Cafialdati and the Counties among their Sons ; thus each Prin- 
 cipality being fplit into many Counties, the Counts, tho' Subjedls, began to fit up 
 for themfclves, which was the Occafion that the Fiefs were incrcas'd in our King- 
 dom after fb many different manners. Thus did Landulphns both Count and Bifhop 
 of Capua divide that County fo imprudently amongft the Sons of his three Brothers, 
 that for ever after there arofe endlefs Quarrels and Wars. 
 
 Erchemp. num. 22. , peruam, ficut a parteacceperant, rcllquerunt. 
 
 * Ibid. Atque fuis hsrcdlbus in jus per- I ^ Ibid. nuin. 51. 
 
 SECT. III. 
 
 'T'he Expedition of the Emperor Lewis again ft the Saracens j and his Imprijbn- 
 
 ment in Benevento. 
 
 TH E Saracens took Advantage of fb great Confufion, who from Bart fre- 
 quently over-running the Province of Benevento putting all to Fire and Sword, 
 oblig'd the Bcneventans to have recourfe to the French. But being unable to 
 defend themfelves with their own Forces and thofe of the French, they likewifc had 
 
 o recourfe
 
 Book \ II. the K 1 N G D o M 0/ N A P L E S. 5^7 
 
 rccourfe to otlurs for Alliftance; 7\IjJc!pci::s Cijliildus of Te.'efe, and Gu.mdclpertus 
 Cj/hUJus of Boj.'.i! ', \vith humble Subininioii and Prayers, had recourfe to Lampertus 
 Duke oiSpolcio, for lupprefling the power of the Saracens, wlio notwithftanding all 
 thefe Auxiliaries tiira'd their Caftfilddti topfy-turvy, and def;:ated them. 
 
 FOR. this Reai'on the Beneventaus and Gipsans were oblig'd to have rccourfe 
 anew to the limperor Lewis, who going to Bciieieuto by the w ay of .ibivf, was met 
 by the Ambafladors of many Cities imploring his Afliltance. Landulpbus Eifhop 
 and Count of C//)..'./, who h.id fucceeded his Brother Landou III. Count of Cupiur, 
 with his Nephews, Ukewiie came to meet him. He was receiv'd by Guaiferius who 
 had fucceeded Adeiuartis in Salerno, and at laic by Adclv:^!fi',s in Beuezento. 
 
 THUS Le-ivis in the Year 867. at the Head of a powerful Army compos'd of his 
 own Troops and thofe of our Longohard Princes, march'd towards Bari, defeated the 
 Saracens, imprifon'd Seodam their King, took Bari, which he reftor'd to the Prince 
 of Bencvev.to j took Matera, garrifon'd C^zwo/i?, and carried his victorious Arms to 
 ^aranto, where the Scracens had fortified themlelves, to which City he laid clofe 
 Siege J from whence full of Glory and Triumphant he return'd to Beneveuto. And 
 being Ipurr'd on by the tlun of his Fortune, he likewile pretended to exercile 
 his Sovereignty over the Amalphitans, and the Dukedom of Naples itfelf, taking 
 them under his Protedion, and giving Afliftance Ibmetimes to the one, and Ibme- 
 times to the other, at which Baftlius Macedo, Emperor of the Eaft, to whom the 
 Neapolitan Dukedom and the Amalphitans were fubjed, was juftly oiFended ; he 
 complain'd grievoully of Leicis, accufing his imperious way of treating thoie 
 People, as if he had a mind to fubjedt them to his Dominion. Lcivis, who did not 
 think it proper at this Juncture to draw new Quarrels upon himfelf with the Greeks, 
 in order to quiet the Mind of Bafiiiiis, wrote him a civil Letter, in which he protefted, 
 that he h.id no Delign any manner of way to incroach upon the Dukedom of Naples 
 which belong'd to the Greek Empire i and that he had only meddled in theie Aftairs 
 for afTifting the Opprefs'd. 
 
 BUT whilft Lewis ftaid in Beneniento, there happen'd to him an Adventure, the 
 like of which had never fallen out to any Emperor of the Weft. The French being 
 puffed up with their prelent Prolperity, not knowing how to keep themfelves within 
 Bounds, ill treated the Beneventans, and us'd them infolently and too leverely ; 
 which they not being able to bear, at laft brought their Prince Adelgifus to think of 
 Ihaking off the Ihameful Yoke, and having Le'uuis within their City, relblv'd to arreft 
 him, and make him Prifbner. Others relate, that Adelgifus was mov'd fo to do, not 
 fo much at the Inftigation of his Beneventans, as by the Perfuafion of the Emperor 
 Baf.lias, who was no uays pleas'd with the Progrefs of Lci^is ; however that may be, 
 Leujis having disbanded his Army, remain'din Beneieuto with a fmall Garrifon ; fo 
 that in the Month of Augiiji in the Year 871, en a fuddcn he was arrefted by the 
 Beneventans, and put in a fecurePrifon ' ; his Goods were ieiz'd, and the French that 
 were upon Guard, after having been plundered, were oblig'd to flee j Lewis was 
 kept in Prifbn forty Days, neither did they think of fetting him at liberty until the 
 Saracens having anew over-run the Province of Salerno, and their Number in- 
 creaGng to Thirty thoufand, they laid Siege to Salerno, and ftruck Terror in all the 
 Longohard Princes, and cfpecially in Adelgifus. Upon fuch a Revolution of Affairs 
 Lewis was fet at Liberty, but Adelgifus firft made him promife by a Iblemn Oath, 
 never to enter within the Bounds of Benenjento all the Days of his Life, and that he 
 Ihould never revenge himfelf upon the Beneventans for what he had fuffcr'd at this 
 Time, which Le-jsjis promis'd rnultis adjunlfis execrationtbus, fwearing upon the 
 Relids of the Saints, and God's holy Evangels. 
 
 LE ins left Benevento about the End of the Year 871, and ftopp'd eleven 
 Months in Vcrcli ; during which time he went to Rxiine and was crown'd Anno 
 872, by Adrian II. the Year before that Pope died, as Aiviointis will have it ^ ^ tho' 
 ibme Modern Writers affert it to have been the preceding Year that he was crown'd by 
 Adrian. Aitho' Lcvuis took the Crown but at this Time, yet he had been advanc'd 
 to the Empire from the Year 856, when the Emperor Lothaire his Father became 
 Monk, and divided the Empire amongft his three Sons, affigning Rome and Italy 
 
 ' Erchemp. num. 54. Leo Oftienf. lib. 1. cap. 96. ' Lib. f. cap. 20S. 
 
 T t t t to
 
 3 ; 8 The C I V I L H I s T o R Y of Bcok VH. 
 
 to Leivis ; Auftrafuj to Lnthaire, whence afterwards it was call'd Lctharivgia ; and 
 Bisri^imay to Charles^ as we have faid. 
 
 NOTWITHSTANDING Lewis with folemn Oaths had promis'd never 
 more to enter within the Limits of Beucvcato, yet in the Begip.nins^ of the Year 
 873. he broke that Agreement, and with a llrong Army advanc'd as far as Qipiia. 
 
 IN thofe Times Princes were fo influenc'd by Religion, that they never, or 
 fe'idom broke their Oaths ; but from the 'lime of Gregory II. and Znrb^rry^ the Popes 
 liad found ways and means to break thofe Chains, and abfolvc their Conicienccs ; 
 whence afterwards not only the Popes, but alio the Bifhops aff'am'd to themfelves a 
 Power of abiblving from Judicial, or other Oaths. Bv this, and by granting 
 Dilpeniations in matrimonial Cafes, which formerly were granted by the Irinces, 
 they became both terrible and neceflary to Princes. Lewis who had no mind to 
 return to Beiie'vento contrary to his Oath, was immediately made ealy by 'Jcbii Vlll. 
 who a little before had fucceeded to y^dri:vt II. He told hiin, that Oaths, extorted 
 by Force, and with fb much Indignity, were no ways binding, therefore he abfolv'd 
 him from all the Promiles made to the Bcr.e-centaus. There are lome who write ', 
 that Lcms nothwithftanding this Abiokuion, that he might not be rcckon'd per- 
 jur'd, would not put hinifelf at the Head of his Army, but cheating himielf, iub- 
 ftituted his Wife Engilbcrga in his Place, that in his Name, and under K\s Authority 
 fhe might carry on the V. ar. He came to Capua^ and on his March defeated the 
 Saracens, and confining them to Tarar.to, he went to revenge hirafelf of y/i:f£'/^//;/.t, 
 and endcavour'd to make himielf Mafter of i>i?7.'fi;i?;7/o. ^ome again have written, 
 that being feiz'd with Fear, he fled to the Ifland of G-vfica ; but whether he did not 
 liiccced in it, as ErchemperTus relates, or that many Counts, and the Pope himfelf 
 jntcrpos'd for agreeing them, there was a Peace concluded betwixt them, and .^del- 
 gii:is with thofe of his Party were reltor'd to Lezvis's Fa\our. Landiilplms Count and 
 Billiop of Capua, who had alTifled powerfully in thele Skirmifhes with the Saracens^ 
 was likewife pardon'd. 
 
 S O great was the Intimacv v. hich Lavdulphus contrafted with the Emperor, that 
 befides his having obtain'd from him the chief Honours, he claim'd the whole 
 Province o( Beneietno, and that C^Jpiia fliould be made a Metropolis 3 which, as 
 Erchewfertus relates, he could not bring to bear, for Capua did not get that Pre- 
 emincncy before the Year 968. from Pope John XIII. ; and ^i-wt Tf 7/fo a Year after by 
 the lame Pope was creeled into a Metropolis; theCuftom was afterwards introduced 
 into thefe our Provinces, that the Popes, and not the Princes, rais'd Bifhops to be 
 Aletropoiitans, and Cities Metropolis's, of which we fhall have a more proper Op- 
 portunity to diicourfe. 
 
 LEll I S after having continu'd a Year in Capua and thefe our Provinces, and 
 given many and terrible Defeats to the Saracens, the following Year 874. went to 
 France, with a Relolution never to return any more to thele our Parts ; for in this 
 Year, as fome have laid, or in the following according to the Annals of France, and 
 the Modern Authors, he ended his Days in France, and not in Jllilan. A moll: glo- 
 rious Prince, and to whom thefe our Provinces are fb much beholden, that if he had 
 not fo often reliev'd them from the frequent and great Incurfions of the Saracens^ 
 they had been totally and effc(5tually fubjedted to their Dominion. We have many 
 Monuments of the Piety of this Prince, in the many Monafteries of the Order of 
 St. Benedi{i founded by him in Abruzzo, which Leo Ojiieufts does not forget in his 
 Chronicle. 1 he Donation, or rather Confirmation of former Donations, made 
 by Pepin and Charles the Great to the Church of Kome, ought not to be attributed 
 to this Lewis, as the Abbot of Noce ' believ'd, but to Lewis the Pious, Son of 
 Charles the Great, in the Time of Pafchal I. ; neither does it include anv more 
 than what Pcpin and Charles gave, which is manifeft from the Chronicle of 
 Leo Ofiienjis \ 
 
 BY Lewis's Death falling out in the Year 874, or the following, we clearly lee 
 the Error of thole who believ'd, that Lewis having retaken Bari from the Saracens^ 
 had reftor'd it to Bnfilius Emperor of the Eafl ; for the Saracens, alToon as Lewis 
 had left Italy, and gone to France, immediately fallied out of 'Taranto, to which 
 they had been confin'd, and went and ravag'd Bari and the neighbouring Places ; 
 
 ' Sigon. dc Repn. Ital. 1 ^ lcq Oftienf. lib. i. cap. 16. 
 
 * Ab. dc Nocc iiijudice ver. Ludovlcus. I 
 
 whereupon
 
 Book VII. 
 
 thi 
 
 Kingdom 0/ N A P L E S. 
 
 ''9 
 
 j> 
 
 whereupon the People oi Bart in the Year 876. after Le-jjh's Death, not being 
 able to bear the Cruelty of thefe Barbarians, in\ited Gregory Governor of Otranto 
 and brought him and his Greeks into tlieir City, as Ercbanperlus ', and Lupus 
 Protofpata ' reJate. 
 
 Erchemp. num. ;3. 
 
 Prot. ad A. S75. 
 
 CHAR I. 
 
 Charles the Bald fucceeds in the Empire of the IVefi: New hem'" 
 fwns of the Saracens, accompanied with other Remhtions 
 and Difordevs. 
 
 M 
 
 m 
 
 w 
 
 ip 
 
 m 
 
 m 
 
 H E Death of Lez-'is occafion'd fuchConfufion, that not only thele our 
 Pro\'inces, but a great Part of Itdly were thereby afflidcd, and fill'd with 
 new Calamities. From the Time of Charles the Great till now, there 
 had been no Difturbances on account of the Succeflion to the Empire. 
 The laft Wills of the Princes laying afide all ambiguous and lubtle 
 Quirks now in ufe, were receiv'd with the utmoft Refpedt by the 
 SuccefTors ; whatever they commanded was readily obey'd ; and if the reignino- 
 Emperor in his Life-time appointed a Collegue, or at his Death a Succeflbr, his 
 Will was an inviolable Law. Thus did Charles the Great by Pepin and Lewis ; 
 Lewis by Lothaire, and at laft Lothaire by the other Lewis. Hitherto for the 
 Eledion of the Emperor of the Weft there was no need of calling Affemblies or 
 Comitia ; out of a bare and pure Ceremony introduc'd by Cuftom, they had recourfe 
 to the Popes for Cbnfecration and Coronation. But Lewis having left no Male 
 Iflue, the French and our Italians began to contend for the Empire. In France the 
 moft ftickling Pretenders were Charles the Bald, King of France, the Son of Judith 
 and Brother to Lcthaire the Father of Lewis, and Leivis King of Germany^ 
 Brother to the fame Lothaire, to whofe Share, according to the Divifion made, 
 Germany had fillen, and a Part of Loraine, whicli a few Years before had by an 
 Agreement been divided betwixt him and his Brother Charles, fo that both the 
 I'retendcrs were Uncles to the deceas'd Lewis. 
 
 A T other times in the Courfe of this Hiftory we have on many Occafions feen, 
 that the Quarrels of Princes have always ended in the Incrcafe of the Dignity and 
 Authority of the Popes ; which is more clear and evident from this than any pre- 
 ceding Event. In this Competition for the Empire of the Weft, there were two 
 Things neceffary to be compals'd by the Rivals, in order to fucceed in the Matter ; to 
 wit, iirft to enter Italy with an Army, and next to procure the Good Will of the 
 Pope, becaufe by the Solemnity of the Coronation he could immeditcly make the 
 Matter eafy, it being a Ceremony which by tlie People wasreckon'd tiie moft certain 
 Sign of being affum'd to the Imperial Throne. Charles the Bald was no iboner 
 appriz'd of the Death of his Nephew, tiian he immediately enter'd Italy, and pre- 
 vented his Brother Lewis, who had {ent his Sons Charles the Grojs and Carlotnann 
 to put a Stop to Charles^ March, but they came too late and could do nothing ; at 
 which Lewis being much inrng'd, he with h's third Son Lewis invaded France, where 
 he vented his PafTion in a moli Hoftile manner. 
 
 IN
 
 ^40 The Civil History of Book ^'11. 
 
 IN the mean time Charles the Bald having folicited Fope Johi VIII. to favour 
 his Undertaking, ndvanc'd towards Kcie ; this Pope was unwilling to loie lb tair 
 an Opportunitv, by which he might reap both i\dvantages to himfelf and his See: 
 after having brought the Romans to his beck, he lent two Bifhops to invite Charles to 
 Kome to take the imperial Crown, which he had ready for him, having made Choice 
 of him above all the Pretenders. Charles came to Ro?;/f, and in the Church of the 
 Vatican, with great Acclamations and Solemnity, was crown'd hyjohnon ChriJtwas'Day, 
 in the Year 875, and proclaim'd yliigujh'.s, and took an Oath always to employ his 
 Arms againft the Enemies of the See, and to defend it with all his Power. 1 he 
 Pope by this Fad aflTum'd much more to himfelf thin ever any of his Predecefibrs 
 had done on the like Occafion, for if that Oration made to the Bilhops be his, as we 
 read in Sizpuias ', he fpeaks in fuch a Stile as \i Charles had abfolutely receiv'd the 
 Empire from him, and his Eledion had folely belong'd to him ; fo that from that 
 Time forward it has been pretended by the Popes, that the Title of Emperor was 
 a pure and dow'nright Favour bei^ow'd by the Pope, and tlierefore they began to 
 number the Years of the Empire from the Day of the Pontifical Confecration ; and ■ 
 Johns Succeffors have had the AfTurance to tell the Emperors of the Welt to their 
 Face, that the Empire was their free Gift : but of this more in another Place. 
 
 'TIS likewife faid, that Charles in return for the lo many Favours he had receiv'd 
 from the Pope on this Occafion, befidcs his having adorn'd the Church of St. Peter 
 with Gifts of great Value, yielded to the Pope the Sovereignty oi Kowe, which the 
 ether French Emperors liis Predece'Tors had always referv'd, and that it was not 
 before this Time that this City was put under the independent and ablolute 
 Dominion of the Pope ; but all thefe Accounts appear to be Fables, when we confider 
 what the Otho's, Emperors of the V'.'eil", did in Rome, as we fliall ihew by-and-by. 
 
 AS foon as Charles had difpatch'd his Affiirs in Rome, according to the Cullom 
 of the other Kings of //^(y, he went to Pav/a, and there, as his Prcdeceflbrs had 
 been, he was crown'd by the Archbiftiop of Milan, and proclaim'd King of Italy ; 
 whereupon loon after in the fame City he eflablifh'd many Laws for the good 
 Government of it. 
 
 CHARLES during all his Life-time enjoy 'd the Empire, and the Kingdoms of 
 Italy and France without any Dilpute, for Leivis of Germany his Brother, who died 
 in Frankfort on the 28th Day of Ar.gufl in the Year 876, left fubject Matter 
 enough for his Sons to make War ehewhcre. LcvlHS left three Sons, amongft whom, 
 according to the dangerous Cuftom introduc'd into France, he di\ided the paternal 
 Kingdom. Ba'varia, Bohemia, Carintbia, Sclafonia, jiuflria, and a Part of 
 Hungary fell to Carlontanns Share. To Lexis, Franccnia, Saxcny, Frifia, I'hu- 
 rin<na, the L^rxer Loraine, Cologn, and many other Cities upon the Banks of the 
 Rhine. To Charles the Grofs, Germany from the Main to the Alps, and the other 
 Part of Loraine. 
 
 BUT whilft the Emperor Charles govern'd France and Italy, the Saracens, whom 
 Levels II. had coop'd up in 1'aran-to, return'd anew to plague thefe our Provinces, 
 and over-running as far as Bari, threaten'd Slaughter and Deftrudiion to the 
 other Provinces likevvile. Therefore the Neapolitans, the Anialphitans and Salerni- 
 ians, having none to whom they could have rccourfe for Relief againft the threat- 
 ning Irruptions, which they could not wichliand with their own Forces, were 
 oblig'd to treat with the Saracens for a Peace the belt way they could, which they 
 •would not hear of, but upon Condition that they fhould all join their Forces toge- 
 ther, and with their united Troops march againft the Roman Dukedom, aixl Rome 
 itfelf ; the Confederacy was agreed to on thefe hard Conditions ', of w hich Pope 
 fohn being appriz'd, had immediately recourfe to the Emperor, who lent to his 
 Afliftance l«;«^cr/«5 Duke of Spclcto, and Guido his Brother. The Pope himfelf 
 in the Year 876. came to Naples accompanied by them, and in thefe our Provinces 
 commanded the Expedition. This was the firft Time that a Pope was leen at the 
 Head of an Army, in all Appearance on a very pious Occafion, for fuppreffing the 
 CnKhy of the Saracens, who had a Mind to overturn his State, and overthrow the 
 Pontificate. John us'd all Means pofTible in order to break this Confederacy, and 
 to draw to his own Side thofe PriiKes who were confederated with the Saracens ; 
 
 ' Sigon. de Reg. Ital. *Erchemp. num. ^9. 
 
 o and
 
 Book VII. f/j^ Kingdom 0/ N A PL E S. 34< 
 
 and fo inftant was he with Guaiferius Prince of Salerno, that he not only made him 
 leave the Confederacy, but turn his Arms againfl the obftinate Neapolitans. 
 
 SRKGIUS was this Year Duke oi Naples, who for having impriibu'd y^tbaiia- 
 fitis his Uncle, Bifliop of Naples, was hated by many ^ he on no account would 
 break off from the Saracens, notwithftanding the Rebukes of the Pope ; therefore 
 he was immediately excommunicated by the lame Pope, and Guaijcrms march'd 
 againft him, fought with the Neapolitans, and made two and twenty of them 
 Prifoners, whom the Pope caiifed all to be beheaded '. 
 
 A T this Time Athanafais Brother to Ser^ius was Bifhop of Naples who had 
 fjcceeded the other yltbanafius his Uncle in that See, who, in order to do a Thing 
 acceptable to the Pope, laying afide the Ties of Blood and Nature, being likewife 
 fpurr'd on by Ambition, imprifon'd his own Brother, and hi\ ing put out his Eyes 
 prefentcd him to the Pope in Korne. John hk'd the Prefent much, and kept hirn 
 in Rcine, where he mifcrably ended his Days \ Athanafius afterwards got himfelf 
 to be eleded Duke in the Room of Sero^^nis ; and thus, according to fome late 
 Precedents, he became both Bifhop and Duke of that City. This Athanafius was a 
 Man of a turbulent Spirit, and who during his Government difturb'd all the other 
 Princes his Neighbours, and turn'd thefe our Provinces upfide down. He, in order 
 to fave his own Dukedom, riot minding his Epifcopal Dignity, nor regarding any 
 Thing but his own Ambition, made no fcruple to renew the League with the Sara- 
 cens ; he prepar'd Quarters for them near Naples, and join'd them with his Neapo- 
 litans, and put the Beneventans, the Capuans, and the Salernitans into the utmoft 
 Confufion, by making Inroads to the very Borders of Rome, where there was 
 nothing that was barbarous but he attempted, plundering where-ever he went. 
 
 THE Pope feeing this, fulminated his terrible Anathema's againft Athanafius^ 
 and in the Year 881. excommunicated and curs'd him ; and according to Ercbem-. 
 fertus, did the fame by the City of Naples : Which the Letters of this Pope, vet 
 extant, teftify '. He likewife excommunicated the Amalphttans *. The fame had 
 happen 'd to the Salernitans and Guaiferius their Prince, if, being terrified by fuch 
 Thunderings, they had not broke off from the League. And befides the Pope 
 feeing that the Saracens in great Shoals over-run the Country on all Sides, likewife 
 wrote many Letters, and fent many Ambaffadors to Charles the Bald, whom he 
 put in mind of the many Favours done him, which haften'd him immediately, after 
 the Example of Lewis his PredecelTor, to come to Italy with a powerful Army, in 
 order to drive them away, otherwife all had gone to Ruin, and Kone had fallen 
 into the Hands of the Barbarians, to the irreparable Ruin of that See, of which he 
 had fworn to be the Defender. 
 
 THESE Examples ought to convince us that the Opinion of thofe is very 
 difputable, who have written, that general local Interdidtions were not older than 
 the Time of G'>-fg;o>'7 VII. ; and that this Pope was the firft that introduc'd them 
 into the Church, by punifhing the People for the Wicktdnefs of the Princes ; for 
 if what Erchetiipertus relates be true, who flourifh'd about the fame Time, or a 
 little after, the City of Naples adlually underwent fuch a Misfortune on account of 
 the Treacher^' and wicked Pradtices of its Bifhop and Duke, who oblig'd the Neapo- 
 litans to enter into a Confederacy with the Saracens. Befides, not to mention more 
 ancient Examples of other Countries, we have another remarkable Inftance in the 
 TtmapaWty o( Benevento, where the Emperor //f wry II. had appointed Paudulphus 
 to be Governor ; becaule the Beneventans would not obey him, the Emperor, who 
 was in concert with Vope Clement, in the Year loio. got him to excommunicate 
 
 ' Erchemp. num. ;9. Oftavo die Anathe- 
 matis XXII. Neapolites milites apprehenlbs 
 decoUari fecit : Sic etiam monuerat Papa. 
 
 '■ Ibidem. 
 
 ' Epiftola 41. Jo. VIII. where fpeaking of 
 the Neapolitans being in Confederacy with the 
 Saracens : Nunc autem vel illis incorrcitis ex- 
 
 vos prius Colligatlones jmpieratis, & focdus 
 impium, (juod cum inimicis Chrifti habetis 
 compolitum, & nos illico miletlcorJiam, Sec. 
 
 "• Epill. 22. Virtute S Spiritus, & aurhori- 
 tare S. Petri, cui ligandi &c folvcndi in ccclo, 
 & in terra a domino eft concefia poteftas, omni 
 facra communione, fanfta videlicet corporis, 
 
 fc*«» ■B\.^|l.1 • A1UIIV aut.\,lll T*.< Bill.; lll^<^ll\.%.«l^ \r r^- I ia\.|«> ^V./Mllll^«ltI<.yilVt »l»llVtt» ' IUV.1IVV.W ^Vflk>\flkJ^ 
 
 iftentibus, &: ad percutientem I'e redire no'enti- & fanguinis D. N. J- Chrifti, vos una cum 
 bus; vel tibi cum ipfis habiranti, & idcirco a totius ApoftoIic<e fedis conrenlu piivavimus, ut 
 Divinis omnibus pariter Scqueftrato, quo pado ' in eadem Excommunicationc niancatis, donee 
 antequam repifcentis ad viam lalutis, 8c juftitia; rclipitcentes ab implo vos Paganorum prida 
 revertamini, parccre aut a nexu Ecclefiart ci iepaietis. 
 vosjudicli valemus abfolvere ? Abfolvicc eigo 
 
 U U U U the
 
 ^i^r ^he G I V 1 L History of Book Vll. 
 
 th^ ff^irven¥ah\ ; fVoiti which they w^re riot abfolv'cl> till ten' Years after, whea 
 Leo IX- who fucceedcd C/r/7;e;/r, having come to BemvefttOj took ofFthe Intcrcfidlion. 
 BUT at the fartit Time that Charles was on his March to Italy to aflift the Pope, 
 \i^en he came to Pa-Viii with a fmali Number of Troops, whither the Pope went t& 
 rileet him, he found that Ca'flmiann was gbt before him, who having arrived in Itaty. 
 ^\t\\ a powerFulArmv, endeavour'd to drive Charles out of it, and ponefs himfelf 
 oTthe Empire arid' Kingdom of //rf/:y. Charles being furpriz'd at his having got the 
 ftart of him, returned towards France^ and being come to tbe y//pj, was taken ill of 
 ff F^ver not without fufpicion of Poilbn, w'hcre he ended his Days on the 6th Day 
 of y^pn/in the Year 877, the 54.th Year of his Age: His Body was intetfrd at 
 t^ircelii; arid itven Years thci'cafter was tranfporied to St. Deniif. 
 
 SECT. I. 
 
 "I'Ji'iO M. 
 
 &Wi}' doSlfiiftm and Calvnitics in thcfe out Provinces by the DeOfh ef 
 Charles the Bald, in the Keign of Caflomann. 
 
 CHAKLES being dead, aiid fucceeded in Italy by Carhfnann^ Confufion and 
 Calatnitiesincreas'd ; Cnrhiiianii was not in a Condition to relieve our Provinces, 
 being ertiploy'd in other Urrdertakings, and the Saracens growing much more cruel, 
 all went to Wreck and Defolation. 
 
 THE Broils betwixt our own Princes was a great Addition to theft Miftries j for 
 t?he Capiians by the Death of LaMtilphtis^ which fell out in the Year 879, were 
 divided into Faftions. He left many Grandchildren, who greatly haften'd the 
 Ruin of that Province, by dividing it equally amongft them. There fell to the 
 Share o'f PdndoHalphtis Corrit of Capua, who fucceeded him, 1'iatio and Cafamirta^ 
 which fome call Cafcrta. To La7idoii, Berolaffi and Sejfa. To the other Landotiy 
 Caltnio and Cajazza ' ; and thus of one State many were made, by its being divided 
 into fmall Portions, which at lail: was the Ruin of our Longobard Princes, becaufe 
 the Divifion of their Eftates occafion'd Fddtions and inteftine Wars, which gave 
 Opportunities to other Nation's to take Advantage of their Quarrels and Confufions. 
 For that ancient Cuftom took place amongft them, not to prefer the elder Brother 
 in the SuccefTion to Fiefi before the younger, but all Ihar'd equally % contrary to 
 the Cuftom of the French^ who prefer the Eldeft to prevent the Divifion of the 
 State j from whence in our Kingdom that Diftindlion was ihtroduc'd, that in Suc- 
 ceflions, forhe Fiefs are regulated according to the Law of the Longobards, others 
 according; to the Jus Francormn, which at laft prevail'd, as being the moft provident 
 and prudent, which we ftiall fhew in a more proper Place. 
 
 AND tho' Gaeta had been given to Pandonulphus by John VIII., yet the 
 Capiians did not treat the Gaetans lb mildly, as to prevent new Quarrels and Revo- 
 lutions in it and his whole State ; for which Caule, three Years and eight Months 
 aftewhrds, Pavdomilphus was driven out of it, and Landon in the Year 882. was 
 elected in his Room, who governing Capua indilcreetly, held it only two Years: 
 j4tenulphtii his Brother taking Advantage of his bad Condud, invaded it, and in 
 the Year 887. this valiant Captain having driven him out of it, reftor'd the County 
 o^ Capua to a better Form of Government, and fb demean'd himfelf in his Prolperity, 
 that he was advanc'd to the Principality of Benerento, by which, after a Gourle 
 of many Years he united thefe two States under one Perlbn, as we ftiall relate. 
 
 THE Confufions in the Principality oiBenevento were no lefs, for whilft /idelchtfius, 
 altogether over-joy 'd, was returning to Benenento, after the raking of CaJleHoT'rabe' 
 tenfe^ which fome call Triiwnto, by the Confpiracy of his Nephews and Friends, in 
 the Year 878. was cruelly muixler'd, after having reign'd in Beue'vento 24. Years and 
 
 ' Erchcmp. num.40. I cnjemquc tempore In codem Corrllraru duW & 
 
 ' Free, dc Subtacud. p. {"4. lit Ifti fuccedebant 1 p}ures Cornices, in Comicatu Thcani, in Ctimi- 
 
 Coraites in Regno omnes pariter filii, ficut in tatu Vtnatri, '& Aquini, Sc'alioium. 
 
 Lombardiai cum vldcamus ex liiHoricis, uno | 
 
 a half j
 
 Book VI I. the K in qq o m 0/ N A P L E S. ^47 
 
 ajftalf''; we read of no Tomb erected fcH^ tliis Pfince, a,5 there had been for the reft 
 as'Pelleq^rtiias writes. But the fareie Author gives us one of his Capuyfaria wherein 
 he- et\abli(hes many Laws, fome conformable to. thofe old i.av.s of the LuHFoiard 
 Kirrgs, others not. 
 
 1 H E Murder of this Prince occafion'd terrible Confufion in the Stat.e for 
 GewWer/j his Nephew, and Son o( Radclgayjus iuGceeded him in the Principality i 
 and out of Ambition excluded Raielcbifis^ the eldcil Son of Adelgbifius, who 
 had betn murder'd : The Benefventans two Years and a half afterwards depos'd him 
 and ient him Prilbncr to Frmce,^ and i^ci Kadekhifis the Son oi Adeii^hifus on the 
 1 hrone ; but not long after, Gaideris having made his Efcape out oi Frame, retir'd 
 to Bart, under the Protedtion of the Greeks ; for this City, whifh formerly had 
 been govern'd by Cafialdi, lent thitlier by the Princes of Bencveuio, hccaule it had 
 ofben l^een in the Hands of the Sardcens, confidering that the B^ueventaus had fre- 
 quently loft it, and could not defend it againft their continual Incuifions, had come 
 under the Dominion of the Grfc-^i^, when the Inhabitants, aswchavefaid deliver'd 
 themlelves up to Gregory, whom they invited from Otranto, whereof he was 
 Governor, which City had likewile return'd under the Dominion of tlie Grf^/^j '. 
 And Gardens having gone to Conjiantmople to the Emperor Bafilius, was courteoufly 
 receiv'd by him, and got the Government of the City of Oria during Life, from 
 whence he continually molefted the Beneveiitausy who had driven him from thac 
 Dominion '. 
 
 RABELCHIS being befet with Enemies on all Sides, enjoy 'd little Quiet in his 
 Principality ; for not long after a War breaking out betwixt the Neapolitans and the 
 Amalphttans on the one hand, and betwixt the Qapuans. and Beneueiitans on the 
 other, all went to Confufion; and after a Reign of a few Years, in the Year 883. 
 he was driven out of it, and Ajo his Brother put in his Room ^ Neither did this 
 Prince long enjoy his State in quiet, for being taken Prifoner by Gutdo Duke of 
 Spoleto J iho' by the Means of the Sipoiithis, who on this Occafion Ihew'd great 
 Fidelity to their Prince, he had been fet at Liberty, and reftor'd to Beneveuto ; yet 
 Gaideris^ who polTefs'd the City of Oria, ftirr'd up the Greeks againft him, with 
 whom he had many Battles. And he dying after a troubleforne Reign of feven 
 Years, Orfo his Son, who was but ten Years old, fucceeding him in the Year S90, 
 compleated the Ruin of the Longobard Princes in Beneiento ; and at laft this City 
 being taken by the Greeks, after the Longobards had held it 330 Years, it came under 
 the Dominion oi Leo Emperor of the Eaft, the Son oi Bafilius ; for this Prince being 
 much incens'd againft Ajo, and pulh'd on by Gaideris, the Year following 891 
 £ent a moft formidable Army into thefe our Provinces, under the Command of 
 Sinibaticius Protofpatarius in order to fubdue Beuevento, who having laid clole Siege 
 to it, in the Space of three Months made himlelf Mailer of it, with all the other 
 Places under its Dominion, and expeJl'd the unfortunate Orfo, who had held it only 
 one Year. Thus Bene^euto, after 330 Years from Zoto the firft Duke, to Orfo, was 
 fubje<fled to the Emperors of the Eaft, and govern'd for a Year by the lame Simba- 
 ttctHS who had conquer'd it ; after which George a Patrician was fent by the Emperor 
 to be his SuccelTor, who govern'd it tUl the Year 895. 
 
 ' Pell, ia Sxeoj. Princ- B«i. 1 ' E.rchemp. num- 48, 49. 
 
 "* Erchemp. iium.49, 41^ 42, 47, 48. " 
 
 SECT. IJ. 
 
 Calamities in the ^rinciplity of SALERNO. 
 
 BUT more grievous and lamentable were the Calamities of ifi^/^r/zo, which being 
 often invaded by the Saracens, fufFer'd cruel Slaughter, and incredible Deva- 
 ftation, infomuch that the Inhabitants with their whole Families were often obiig'd 
 to go and leek Shelter elfewhere. Not only the Saracens but our Princes 
 
 themfelvcs
 
 ^44 ^^■'^ Civil History of Book VH. 
 
 themfelves likewife join'd in ruining them, and efpecially Athanafius Duke of 
 Naples, in Confederacy with thefe Barbarians, laid all the Country wafte, and 
 reduc'd Gudivianis, who fucceedcd his Father Cuifcrius in the Principality oi Salerno 
 in the Year 880, to fuch Diftrels, that in order to be able to make a Stand againft 
 fo many Inciirfions, his own Fdfces not being fufficient, out of cruel Neceffity he 
 was forc'd to have t'ecourle fo far as the Eaft for Afliftance, from the Emperor Leo 
 and Alexander, the Sons of Bafiltus, by whom he was feafonably ibpply'd ' ; and 
 befides, they lent him a Charter, alfo recorded by Summontes % by which they con- 
 firm'd to him the Principality of Salerno, in the fame manner as the Divifion had 
 been made betwixt Stcouolphus and Kadclcbifms '. 
 
 THERE was not a more perfidious and faithlefs Man on Earth than this Atha- 
 nafiHS, who Ibmccimes entering into Alliance with the Saracens, and fometimes 
 breaking off fi-om them, according as the Neceffity of his Affairs requir'd, put 
 thele our Provinces into Confufion ; when the Saracens were over-running the 
 neighbouring Principalities, and were every where lucccfsful, he, in order to 
 extinguifh the Fire which he faw in his neighbouring States, fearing left it 
 fhould feize on his own, made a fhift to join and affift the neighbouring Princes ; 
 at other times, when they were worfted by the Greeks or Longobards, and 
 he faw himfelf out of Danger, he left them and join'd the Saracens again. This 
 it once happen'd, that a great Body of Saracens being in Quarters at the Foot 
 of Vefu-vius, he lent into Sicily to invite King Sucbatm to come and put him- 
 felf at their Head ; but it falling out afterwards that this King began to deftroy 
 Atbanaftus's own Country, and outragioufly to fp)oil and rob the Neapolitans, he, 
 inrag'd at fuch ill Ufage, immediately relblv'd to join and make Alliance with Guai- 
 piarus Prince of Salerno, and the Capuans, in order to drive them away, in which 
 he was fuccefiful. Erchempertus relates *, that being troubled in his Conlcicnce, he 
 had made this League for driving out the Saracens, that by {o Pious an Under- 
 taking he might merit Abfolution from the Cenfures of the Pope, by which he 
 and his City of Naples had been interdicted from the Month of April in the 
 Year 881. 
 
 THUS by the Ambition and Quarrels of our Princes, thele Provinces which 
 now make the Kingdom, never law more calamitous Times than thole, in which 
 they were allaulted and torn to pieces, not only by our own Princes, but likewile by 
 foreign Nations. The Bcneventans, Capuans, Salernitans, Neapolitans, Amal- 
 phttans, and the Greeks fought with one another ; and when they were wearied of 
 their own Calamities and gave over, the Saracens were always ready prepar'd, who 
 being fpread over all, and having in many Places of the Kingdom, fix'd, ftrong, 
 and fecure Garrifons, fuch as Gari^liano, Taranto, Bart, and at laft in Mount Gar- 
 gauo, they fo milerably afflided thele Provinces, that there was no Place free from 
 War, Pillage, Calamity and Death ; fo that not only the two famous and rich 
 Monafteries of CaJJino and St, Vincent many times luffer'd Defolation and Burning, 
 but alio the moft conlpicuous Cities and whole Provinces underwent the fame 
 Calamities. 
 
 THERE was no Afliftance or Relief to be expedled any where : the Forces of 
 the Emperors of the Eaft were at a diftance and weak ; much lels could any be 
 expefted from the Emperors of the Weft. Lewis II. was dead, who had made 
 himfelf famous in the World for having lb often driven the Saracens out of thele 
 Provinces, and pent them up in the furtheft Cities ; and no Afliftance was to be 
 expeftcd from his Succeflbrs, becaufe Charles the Bald who fucceeded him, being 
 prevented by Carlomann his Competitor, was forc'd to turn hi^ Arms another way. 
 And Carlomann, who after Charles's Death polTefs'd the Kingdom of Italy three 
 Years, having other Undertakings on his Hands, and being oblig'd to oppofe the 
 Forces of Lewis the Stammerer, Son of Charles the Bald, who laid Claim to Italy ^ 
 could not mind thefe our remote Parts. 
 
 ' Erchemp. num. f4. 
 
 ' Sammon. torn. [. pag. 428. 
 
 ' Pel in Srem. Princ. S'alern. Profefluseft in 
 puLlicl Ta'julis, conccffum fibi, ac pcrmillum 
 faille I'uum Principatum ab Gracis Imp. Leone 
 
 & Alex, ficutl divifus fuerat, inquir, inter 
 Siconolplium & Radelchilum Principcm. 
 
 ** Erchemp. num. 49. Hoc turbine exaftus, 
 &: ut Apoftolicum Anathema, quo erat inno- 
 datus, a I'e, & urbe lua expelleret, Guaimarium 
 Piincipem, 8cc- 
 
 BESIDES
 
 Book VH. the K r n g d o m of N A P L E S. :545 
 
 Befides thefe, l!j'y was opprefs'd with other Calamities ; for by the Death of 
 Charles the Bald, the Empire being vacant, thouf^h Corloinann wa^ in Pofrcfrion of 
 the Kingdom of Italy, which he foon made himllif Maftcrof ; Lambert its Duke of 
 Spoleto, furpriz'd Kome, and claim'd the Imperial Crown from the Pope. The Pope 
 fled to France, and got AfTiftance ixom Le-^is \\\. furnam'd the Stdn: merer and in 
 return for fo many Favours received on this Occafion, confecrated him Emperor in 
 France, and caus'd him to be proclaim'd Juguft.us. But Leivis, though he was 
 proclaim'd Emperor, had no Dominion in Italy, for Carloinann was in Foifellion of 
 the Kingdom of Italy, though he was not Emperor : Which is an evident Confirma- 
 tion of what we have faid in this Hiltory, that the Emperors of the Weft after the 
 Reftoration of the Empire, did not Rule in Italy as Emperors, but as they were 
 Kings of it ; neither did Charles the Gre:rt add Italy to the Empire, any more than he 
 made France a Member of it ; and their Laws, which were long obferv'd in Italy, 
 and which were added to thofe of the Lougolards, were not in Force as Laws of 
 the Emperors ; but as being Laws of its own Kings. Indeed, our ancient \\'riters, 
 in the Catalogue of the Lon^obard Laws, lumming up the Laws of the Kin'r^s of 
 Italy after thofe eftablift'd by the Longobard Kings, reckon thole from Peyln to 
 Conrade, as Laws made by Kings, and not by Emperors. 
 
 BUT thefe two fupreme Dignities were ioon united in the Pcrfon of Charles 
 the Grofs ; for his Brother C<^r/tJW^;/K dying in the Year 880, he, in all haltc, went 
 to Italy, where being kindly received by the Italians, according to Cullom, he was 
 crown d and anointed King of Italy, by the Archbifhop of Milan; and not long 
 after being invited again to Italy by Pope John, on Chrifimas Day, in the Year 88 1, 
 he was crown'd with the Imperial Crown by that Pope, and procLiim'd Emperor. 
 
 CHARLES the Grofs was often invited by the Pope to come and ailift thefe 
 Provinces, which were ftill molefted by the Saracens, and though he came as far as 
 Ravenna for that End, yet he was forced to return again to France, whither the 
 impending Ruin of the Nation recall'd him. It was at this time, that the 
 Normans were firft heard of; they had come from theutmoft Parts o£ Scandina-via, 
 and over-running and putting all France into Confufion, had laid Siege to Pans, fo 
 that in order to pacify them, Charles was forc'd to affign them Nenftria for a Place 
 to fettle in, which Province to this Day retains the Name of Normandy. 
 
 THE Diforders of that Kingdom were worfe, on account of the Contentions 
 
 which arofe after the Death of Leivis King o( France, and afterwards oi" Carhuiann 
 
 his Brother, which at laft occafion'd the Tranflation of the Empire from the French 
 
 to the Italians. It was at this Time, that our Italians feeing France ruin'd and 
 
 divided, began to think, that if Charles the Grofs fliould die without leavincr Male- 
 
 Idue, the beft thing they could do, was to chufe an Italian Emperor, who not being 
 
 diverted by other Governments, and in other diftant Countries, could better govern 
 
 Italy, and defend the Apoftolical See, which by the frequent Incurfions of the 
 
 Saracens, even to the Gates of Rome, was often {een to be in great Danger ; they 
 
 look'd upon the ancient Valour not to be yet quite extindl in Italy, and that there 
 
 were ftill fuch Perfons who could fupport that Dignity. Therefore they perfuaded 
 
 Adrian III. who then govern'd the Apoftolical See, to make, at their Requeft (if 
 
 we may give Credit to Sie;on!i'.s ' who relates the Words of it) this Decree ; Ut 
 
 moriente Rege Crajfo fine filiis, Regmtin Italicis Principibus una cum titulo Imperii 
 
 traderetiir. As he adually died in the Month of January, of the Year 888, who 
 
 in his own Perfon alone, had united the Three moft renowned Kingdoms of Europe, 
 
 to wit, Germany, Italy and France, and thereby equall'd the Grandeur of C/.^^r/f'.f the 
 
 Great : Our Italians, by undertaking to reftore the Kingdom of Italy, and the 
 
 Auguft Title of Emperor to their own Nation, and thereby thinking to re-eftablifli 
 
 its Provinces better, brought upon themfelves fuch Revolutions and Confufion, that 
 
 Italy had never been fo miferably afflidled, nor in fuch Dilbrder, by the inteftine 
 
 Broils of the People, and the Treachery and Wickednefs of the Princes, as it was 
 
 in thefe Times, when it was under the Berengarii, and the Guidi, the one Duke of 
 
 Friuliy and the other of Spokto, as we fhall Iiave occafion to relate. 
 
 ' Sigon de Reg. Ital. 
 
 Xxxs CHAP
 
 H<^ 
 
 The Civil History of 
 
 Boot V\h 
 
 
 CHAR 11. 
 
 The Condition to ^di'bich the Jurifprudefice, and other Tarts of 
 Learning 'Were reduc'd in theft; Times^ and of the ?2ew 
 CoUcH'ton oftheLan^s made by the Emperors of the'ETi^- 
 
 E H O L D the unhappy and lamentable Condition to \\ hich thefe our 
 Pro\ inces were reduc'd about the End of the Ninth Century j would 
 to God their Difaftcrs had ended there : Tt would truly be abfurd to 
 imagine, that in fuch wicked Times, amidft {o great Confufion, Dip 
 cipline could be maintained in its Purity and Force. All was Dis- 
 order, all Confufion; only inRovie^ which was altogether owing to the 
 Popes, the Monks, and the Clergy, ibme Learning was prefery'd, and the Latin 
 Tongue was not quite extindt, at leaft in Writings: Whence Men of Letters have 
 
 fince been call'd Clergy, and the Illiterate, Laicks 
 
 for in the Writers of the lafc 
 
 Age, fuch as Dante, Piiffii'vanti and others, by Clergy, is underftood learned Men, and 
 by Laicks, the Illiterate. For which they are lb much the more Praife-worthy, that 
 tho' Pope Gregory I. had forbidden them to imploy their Studies on heathen Authors, 
 in order to blot out all Memory of ancient Learning, and therefore rebuk'd Didlcriiis, 
 Bifhop of Vienna, very feverely, for teaching Grammar ', yet amidft the fo many 
 Inundations of Barbarians, the Church of Koine, as much as the Circumftances of 
 the Times would allow, retain'd Ibme Remains of the gentile Learning, which other- 
 wife would have been altogether loft and extinguifh'd '. Who would believe, that 
 Philoibph)-, phyfick, Aftrology, and lb many other Sciences had been reftor'ci 
 amongft us in thelc Times by the Saracens, by the Application they gave to the 
 Books of Ariflotle, Galeii and other Authors ; whereby Averroes, Avicenna, and 
 many others made themfelves £o famous and renown'd ? But hence it came to pals, 
 that for a longtime, the Sciences, Philolbphy and Phyfick, cff. were lb ill manag'd 
 and cultivated in our Schools by Arifiotle's being only in Vogue, and the fo many 
 other Philofophers negledtcd, that the Streams of Theology, IVIathematicks, and 
 other Sciences, run very muddy, as we (hall lliew in a more fit Place. 
 
 AND as to what relates to our Jurifprudence, the Books of 'Jitjlinian had been 
 banifh'd, and fcarce known in Italy, and the Roman Law had only rerhaiii'd by- 
 Tradition amongft the Commonalty, who arc the laft in laying afidc ancient Cuftoms, 
 and the Laws of their Fore-fathers ; only the Novella of Jujiinian had been re- 
 tain'd by the Ecclefiafticks, and often quoted by the Popes ^ : There was ifbime ute 
 made of the I'Leodofian Code, as having been valu'd and corrcdled by Charles the 
 Great. On the contrary, the Longobard Laws were in vogue, to which thole that 
 had been publifli'd by Charles the Great and his SuccelTors, as Kings of Italy, b'ciiig 
 added, they had full Authority and Force in our 1 ribunals ; and by thefe all La%V 
 Pleas were decided. 
 
 AND becaufe by degrees. Fiefs had crept in and multiplied in thcfe Provinces, 
 the Feodnl Cuftoms, not Laws, began to get Footing ; for the firft afriongft 
 us who publilh'd written Laws on them, was Conrade the SaUck, as we fhall relate. 
 
 ' Gregor. 9. Epift. 4?. 
 
 ^Bacoiide Veiulam. de Augum. Scient. lib. i. 
 
 ' Joi VIII. Epift. 16;. V. 
 Juftin. cap. 5-. «. 7. 
 
 Scruv. hift. jur. 
 Their
 
 Book VII. the K i m g d o m 0/ N A P L E S. 54;^ 
 
 Their Rules and Culloms were, for the moft prSrc taken, as we have Taid, from the 
 Longobard Laws ; but the Laws and Cuitoms of other Nations had likewile their 
 Share in them: From the 5.7.Vi,v.f and xht I'hitrimjc^us, the perpetual Exdufion of 
 Women from SuccefTion: From the Norn/am and'Jiifrg/mdiaiis, the Cuuom of pre- 
 fering the eldeft Sons ; from the lame Nonnam, the (-uflom of paving Fines on the 
 renewing the ancient InA'cft;tr.rc : From the / ongcbards, the prcftring the maiden 
 SJfter, whom they call'd //; Cipillis^ to the married Siller, who had got her Portion, 
 in Places where Women (as in our Kingdom) are capable of lliccecding to Fiefs. 
 The Cuftom of Juries, and the detcrmin'd Number of TwcUt, was taken both from 
 the Lo!!g')!'afds, and the Kipuarn. Our Fore-fathers likewife learn'd from the 
 Geriihias, the Neceffity of having the Pares Curice prefent when Judgment was to be 
 gh^erl in Cafes of new Invcftitures, or Deprivation of Fiefs ; and their Siicccflions 
 vt-erc regulated according to the Cuflom of Places, and not by written Laws, by 
 which the Rights of Succeliion became lb various and diverfe, that the Compilers 
 of this Law wifely call'd rhem Confitettidines ; of which we fhall ha\'e occafion to 
 difcourfe more at length, when we come to treat of the Colledion of the Feudal 
 Sooks. It was owing to this likewife, that the Roman Law was in fuch difule, 
 that it was only preferv'd amongft the Commonaltj', as an old Cuflom ; for thefe 
 diir Provinces, by the muUIpliciry of Fief, were filled with a vaft number of Burons, 
 arid the Longobard Laws, and Feudal Cuftoms, which in a great Part were taken 
 from them, were only relpecled and obftrved ; and it was look'd upon as a Mark 
 of Nobility to live according to the Longobard, and not the Kcman Laws. And 
 though Charles the Great, Pephi, Lotbaire and Levsis, had left the People of the 
 Provinces to live under whatever Law they thought beft, yet the greateft Partchole 
 the Longobard. Eefides, when a Woman was married, though Ihe had liv'd under 
 the Kom.vi Law, yet afterwards (he was to be under the Longobard, according to 
 which the Husband conftantly liv'd, of which we have a clear and finguKir Example 
 in Dcviat '. 
 
 BUT the Lcngobard 'Lav;s,nnd the Feudal Cuftoms were in Force and Authority 
 only in thoie Prox-inces that were fubjcdl to the Longobard Vr'mccs ; for hitherto 
 they had not obtain'd in the Dukedom of Naples, nor the other Cities and Places 
 ^hefe the Dominion of the Greeks continued, who neither acknowledg'd the Longo- 
 lard nor the Feudal Laws : Therefore, perhaps fome may think, that at leaft, 
 in thefe Times, in the Dukedom of Naples, Avialpbis, Gaeta, and all the other 
 Countries fub|e6i; to the Greeks, they liv'd according to the Laws of Jufthiian, and 
 efpccially in thofe Times, in v/hich the Greeks had re-taken many Places from our 
 Longobard Princes, fuch as Bari, 'J'aranto, and Benevento. 
 
 li U T they will be furpriz'd to hear, that the Books of Jujlinian had no better 
 Fortune in the Eaft than in the Weft, and therefore were not acknowledg'd in 
 the Cities and Provinces that maintain'd themfelvcs under the Dominion of the 
 Greeks. This was owing partly to Rcmiftiicfs in Jnflhi, who fucceeded to Juftinian ; 
 but much more to the Envy that the fuccccding Emperors bore to the Glory of 
 yt'.jiinian, who cndeavour'd, by the means of new Conftitutions and Novella, and 
 new Colledlions, to eclipfe his Books. And the greatelt Blow they got, was in the 
 Ninth Century, in which we now arc, when in the Year 870, the Emperor Bafilhis, 
 and Ihortly after, Leo and Conftantine his Sons, ordcr'd. That fo famous Colledlion 
 of the B.rfilica to be made. Therefore it will be proper that we treat at large of 
 the many Collections made by the Greeks, and the \\'orks of their Lawyers, who 
 beftowed their Labour on that Subjed, by which the true Caufes ftiall be difcover'd, 
 why the Laws of Juftinian had not that Force and Authority in the Dukedom of 
 Naples, and all the other Cities fubjeft to the Greeks, which they had afterwards in 
 theie Provinces, when they were reftor'd again in Italy in the Time of Lotbaire II. 
 and were expounded in our Academics, and acquir'd that Force in our Tribunals, 
 which continues to this Day. And I am induc'd the more willingly to do it in this 
 Place, becaufe being tir'd with thefe many preceding Difaftcrs and Calamities, I 
 would gladly refrefh mvftlf a little with Learning, which at this Time was not al- 
 together loit and extinct in Greece^ as it was in Italy. 
 
 ' Dovlat hift. jur. Civ. 
 
 SECT.
 
 ^ 48 The CivilHistorvo/ Book VH» 
 
 SECT. 1. 
 
 JScv) Coikclions of Lcizvs mack in Greece ; and their IJ/c amuvgjl v.s in thofc 
 Cities that vjeieftibjet^ to the Greeks. 
 
 TH E Books of Jufiiiiian^ that is to fay, the Colledions of the Panders, Codes^ 
 and other Conftitutions, call'd Novella ; as loon as their Author died, under- 
 went fuch ftrange Alterations among the Greeks themfelves, that at laft being laid afide, 
 the Roman Law was not comprehended in them, but in other Volumes. This Neg- 
 lect; of them in the Eaft, was chiefly owing to two Caufes ; the Firft, was the fb many 
 other new Conftitutions, which, by the fucceeding Emperors (beginning from Jujiin 
 the Toi'.nger^ from the Year 566, to Michael Paleologiis in the Year 1260.) from time 
 to time were publifh'd, which by altering and corredmg what Jujtiman had efta- 
 bli(h'd in his Books, were the Caufe of fo many Changes and Novelties, that the 
 Profenbrs and Advocates ftudied only theie new Conftitutions, as containing what 
 was neceffary for the Pradlice of the Courts of Juftice, and the Decifion of Caules, 
 and did not regard the Jnfiinian Code, the Laws of which by the fo many Corredli- 
 ons that had happen'd to them, were of little or no Authority, and therefore were 
 altogether laid afide. 
 
 THE other Caufe, was the fb many Colle(5t;ions or Compilations made after- 
 wards by the fucceeding Emperors, Ibme more compendious, others more full, which 
 eclips'd thofe made by Jttfitnian. The more compendious Colledions being of 
 various Sorts, got various Names : Some were call'd Prochyra^ that is to lay. 
 Prompt itar'ia ; others Enchiridia^ that is to fay, Manualia : Some others Eclogx, 
 which fignifies Deleffus^ c Colledions of the moft choice Things, and by other 
 Names, fuch as Sympfis, Epitome, or Compendium. The more full Colledions 
 went all under the fame Name of Bafilicx, that is to fiy. Imperial, not, as fome 
 believed, that they took their Name from the Emperor Bafilius, under whom they 
 were firft compiled. Among the Greeks, Bafiletis is the fame as King or Emperor, 
 therefore the Colledions, which contain'd their Conftitutions, were call'd Bafilicx, 
 that is to lay. Imperial. 
 
 WITH regard to the firft Caufe, njiz the fo many Imperial Conftitutions, in 
 order to remove all Confufion, we muft divide them into twoClaftes. Thole 
 eftablilh'd by Jtiftin the Toiinger, down to Bafiliiis Macedo and his Sons, muft be 
 Icparated from the following publifh'd after BafJliiis, which at firft going under 
 the Name of Novella, were at laft colleded together, for the moft part, according 
 to the Order of the Times they were publifli'd in. 
 
 THERE were Twelve Emperors reckon'd, by whom the Firft were publifh'd ; 
 thefe were Jiiftin the Tounger, 'fiberiiis, likewife, the Toiinger, Heracliiis, Conjiati- 
 tiiie V. Pogoiiattis, Leo III. Jconomachus, Leo V. Armeniis, Theopbilus, and Bajilius 
 Macedo, with Leo and Coiiftantine his Sons. For Forty Years after the Death of 
 Juftniian, under the Emperors Juftin, 7'iberitis and Mauritius, the Books of Jujli- 
 man in Latin, in which Language they were written, had all Force and Authority 
 in the Academies of Conftantnwple ' ; but Phocns, a moft foolifh Prince, fucceeded 
 in the Empire of the Eaft, who neither could iupprefs the Invafions of fo many 
 foreign Nations, who poffefs'd a great Part of his Empire, nor prcferve the Laws j 
 fo that though the Books of Juftinian did not altogether lofe their Authority, yet 
 tliev were transform'd and tranflated into the Greek Language, and by the Greek 
 Lawyers were reputed as a new Body of Greek Law ; from which and the Novellx 
 that were ftill publifhing, the Laws were quoted in the Courts of Juftice ; io thac 
 the Juflinian Codes began to lofe their antient Force. ' 
 
 ' Arth. Duck de Aut. juris Civil, lib. i. | ' Zonar. Annal. torn 5. 
 cap. f. num. 2. 
 
 BUT 
 
 t
 
 Book VH. the Kingdom of NAPLES. 549 
 
 BUT they receivM a greater Blow by the fo many other No'vella Conjlitutioncst 
 which foUow'd after Bafilius and his Sons. There are Seventeen Emperors reckon'd» 
 who during their Empire, had eftablifh'd them. Thefe were Co;///<?;/;<;;(r VIII. Por- 
 pbyrogemtiis, Kciiuunis Lecapeutis the Elder, Roiiiamis Porphyrcgenitus the Toimrer 
 Ktcepbortis II. Pbocas, Bafilius the lounger, Romauiis IV. yirgyrophilus. Zr,e the 
 Emprcfs, Ifaacius Comioius, Michael VII. Dux, Nicepborus Bctouiatcs, .Alexius 
 Ccnineuus, Joannes Comucnus, commonly call'd Calo Joannes, Emanuel Coinnenui 
 yllexius III. Ccwnenus, Ifaacius Angelas^ Joannes III. Dux, who reign"d in y]/ia 
 3Inicr, and in Kicea, while the French pofCela'd Conjlantniople, and Michael Paleokgus, 
 who having driven out the Latins, rcco\'cr'd Conftantinople. 
 
 THE Knovltdge of thefe Novella did not reach ns till many Ages after; when 
 Sciences and Teaming were rcftor'd in France and Italy, then it was that they were un- 
 veil'd and brought to light, not by one finglc Pcrfbn, and all at once, but by de- 
 grees by many learned Writers, Tovers of Antiquity. The)- had no force or Au- 
 thority in thele our Provinces, neither at the Time they werepublifh'd, as being all 
 local, and concerning the Government of Confiantinople, and other Cities of "the 
 Eaft, neither till after the Books of Juftinian were reftor'd in Italy j for they are not 
 to be found in the ancient Volumes, which by degrees began to be firfl: recciv'd in- 
 to the Academies of Europe, and afterwards Hy the Force of Reafon, into the 
 Tribunals. Our firfl Reflorers of Learning had no Knowledge of them, and it wns 
 many Ages after, that they were found again by Ibme learned iVIen, who tranflated 
 them into Latin, and afterwards got them joined to the new Editions, which from 
 time to rime happen'd to be m.ide of the vulgar Codes. Eimondus Bonafides caus'd 
 many of them to bepublifh'd, and Joannes Leuncla'vius and Carolus Lal'iens many 
 others ; and a great many of them, both Greek and Latin, may be read in Leuncla- 
 'vius, and in the Qrpus of Dionyfius Gothofredus, whojoin'd them to his Volumes, 
 as they were interpreted, partly by Henricus Agikus, and partly by Bonafides. For 
 which Realbns he would beat a Lofs, that would make ufe of them now a-days, in 
 Our Tribunals for deciding of Caufes, they never having acquir'd the Force of Laws 
 in thefe our Farts ■■, and the fame may be faid of the Bafdicx '. They are well 
 worthy of Fraifc, who dug them out of the Darknefs wherein they had been 
 buried, and prcfented them to the Light of the World, becaufe they often make 
 clear thofe already received, and give greater Light to what relates to the Hiflory of 
 the Times, and the Tranfadlions of thofe Nations ; and this is the only Ulc and 
 Advantage that can be made of them and the Ba/il/cx ; neither ought our Lawyers 
 to expedt any other from them. Thus we have many No'vellce of thofe Emperors 
 concerning the Ireek Cuftoms and Ufages, and other fuch things belonging to the 
 Greeks, publifh'd in Ibme Places, and certain Cities, and particular Provinces, and 
 which were not in Force, nor had Authority any where elle '. 
 
 A M O N G S T all the other Emperors of the Eaft, there was not one that pub- 
 lifh'd fo many Conftitutions, and m^de fb many Innovations, as Leo VI. Son of 
 Bafilius. This Prince was a great Lover of Learning, who, by the Study, and 
 great Knowledge of the Laws, Hiftory and Philofbphy, acquir'd as Antoninus did, 
 the Surname of Philofopher. '1 here are reckon'd One hundred and Thirteen 
 Novellx publifh'd by this Emperor about the Year 890, which Agileus tranflated 
 into Latin ; but the greateft Part of them were not in Force, nor had Authority, 
 but in the Tribunals of Confiantinople, and very many of them were in diiuie in 
 Leo'h own Ti.nne '. Many ^lonuments of this Prince's Flrudition, and his Love of 
 Arts and Sciences are extant, fuch as the many Books which he compoied, which 
 being kept from the Iniury of Time, were long preierv'd in the Palatine Librar\-, 
 and that of Confiantinople. He wrote many Books concerning military Difciplinc, 
 which deferv'd to be tranflated into the Latin and Italian Languages- A Book alout 
 Hunting ; befides diverfe Oracles and Prophefics relating to Home and Confiantinople, 
 and fome f'mall Theological and Hiftorical Treatiies ; but above all, he applied him- 
 felf moft to the Studv of the Laws, becaufe vying with Juftinian, who endeavour'd 
 to out{in^ l',jcodcfius the Tounger, he ftrove to excel him by his new Colledtions, and 
 
 ' Srruv.h'.ft jur. Cisc. cap. 4. §. 2. ' Cujac. obf. 17. c. 51. Doviar. Iiift. jur 
 
 - V. Cujac. lib. 6. oblerv. cap. 10. | Civil, pag. 47. 
 
 Y y y y his
 
 35' 
 
 The Civil History of 
 
 Book Vil. 
 
 his Bafilicx and PmnpHtaria, which he and his Faihei* Ba/ilhis put in a betrer Me- 
 thod and a more nob^g Form ', in order to ecliple the Fame of Juftinuw. 
 
 t'h E firlt then (to come to the zdCaufe of theNegleit of Jufivunns Books) who 
 put the greateft Damp upon Jufthiians I-aws by the means of new Collcaions, was 
 Bafilius Macedo. BdjUius, by a ftrange Turn of Fominc in the Year 866. being 
 proclaim'd Emperor, was a Prince of fo great Spirit, that he often defeated the 
 Siracens, and by his Prudence re-cftablifli'd the Empire, which had been ruin'd by 
 Michael his Prcdeceflbr j and having affociated Conflmtiue in the Empire, and given 
 the I'itle of Cxfar to Leo and Akxauder his Sons, afterwards in the Year 879, he 
 gave the Title of Emperor to Leo. By his noble Exploits, having acquired great 
 Fame he defign'd to excel Jufthtinn in Glory, and by the means of new CoHettions 
 to ecliple his Name and Books: For which end, in the Year 870 (aflbciating with 
 him in this Work, Cw/^2//?/Mt^ and Leo his Sons) he ordered a Promftmrnm to be 
 compiled ; or, as the the Greeks call it, Procbymi of Laws, in which, from many 
 Volumes 'were compendiz'd the principal Sources of the Law, from whence the 
 IciTtr Rivulets originally come. According to Annfmpoltis ^ it confifted of Forty 
 Titles and not Sixty as Cttjacius writes ; and we find it as yet among the Manu- 
 fcripts' in the Vatican Library, whither it was remov'd from that of the Palatine. 
 It pades fometimes under the Names of Bafilius, Leo and Covfiantme ; fomctimes 
 imdtr the Names of Leo and Conftavtine only, and alfn under that of Leo alone, with 
 various and different Prehccs ; lb that 'tis very probable this Work was revis'd again 
 by Leo the Philolbpher, and reduc'd to a better Form. 
 
 LEO not content with having put his Father's Prochyrov into a betrer Form, 
 and fiU'd the Eaft with fo many Novcllx ; put forth likewifc the Compend of the 
 Laws a very elegant Work, which was made up purely of Definitions and Rules ; 
 but he employ 'd his Study and Thoughts more in framing the Bafilicx : This great 
 Work was compil'd about the Year 886, divided into Sixty Books, and, for the 
 oreater Conveniency, into Six Volumes. Cedrenus relates, that this Work was 
 begun by Bafilius, but finifhed by Leo his Son, who, by the Advice of Sabbatifiius 
 Protnfpatartis (perhaps the liime as wc have faid, who was fent into our Provinces, 
 in order to drive Sway the Saracens') caus'd it to be publilh'd, according to ybt- 
 toniiis Jtigifiinns, who takes it from Mathxiis Bia flares. 
 
 I N this new Compilation he did nothing elfc but for the moft part follow the 
 fame Order which Juftinian had obfcrv'd in his Laws, from whofe Books, Edids, 
 and Novcllx Coiifiitntioncs, and the ContVitutions of the fucceeding Emperors down 
 to Bafilius, he took his fubjed Matter ; he retrench'd all that was thought fuper- 
 fluoiis and what had been difus'd by the Cuftom of After-times was left out ; and 
 moreover he added what had been eftablifli'd by the new Conftitutions of the fuc- 
 ceedin'' Emperors ; from which Work, comprehended in fix Volumes, and divided 
 into lixty Books, a new Body of Law nam'd Bafilicx ftarted up, and which was 
 written in the Greek Language : So that wliat Jiifiinian had written on each Subjeft 
 leparately in many Books, to wit, the Inftitutions, the Pandefts, the Code, and 
 other Books of Novellx, was put under one Title, and in the lame Order which 
 ^ribomauus was pleas'd to obferve in the Dilpofition of his fubjeft Matter. 
 
 THESE were the Laws call'd Bafiilicx, and nam'd Priores, becaule the Work 
 did not end hbre-, for Conftantme VIII. Son of Leo, furnam'd Porphyrcgenitus like- 
 wile beftow'd great Pains and Application on this Subjeft : Confiamine, out of a 
 Dsfire of Glory, like his Grandfather and Father, defign'd to abolilh altogether the 
 Memory oijtifiiniaih Books % and by his Skill in Law and Hiftory, to convince 
 the World that he was a iMan who had Learning chiefly at Heart. Having revis'd 
 the Work of the Bafilicx, he corredcd it in many Places, and in the Year 920, he 
 publifh'd another Derepetita Prxleiiione, more rcfin'd and corred, of which he would 
 have himlelf reputed the Author, and that the Bafilicx Prtores fhould no more be 
 minded but that in the Courts of Juflice and Schools, his own, which therefore he 
 call'd Pofieriores, fhould be in Force, and made ufe of by the Students and Lawyers 
 of rhe Eaft. Indeed this new Colledion of the Bafilicx was recciv'd in the Eaft, 
 and continu'd to be the Foundation of the Jus Grxcum, to the End of the Greek 
 
 V. Arth. loc cit. num. 5 & 4. 
 Ilarmcn. in Piit'uc. 
 
 ' V. Marq. Ficher. in Prxfat. ad jus Grxc. 
 Rom. Struv hill. jur. Cir«ci cap. 4. ^. z- 
 
 Empire ;
 
 Book Vn. the Kingdom 0/ N A P L E S. 7 5 t 
 
 Empire ' ; and Conftmtinc was reputed to be the firft Author of it wfiicli both 
 Luitpraiidus and Erveiis acknowledge. Thcfe were always rcckon'd to be tlie true 
 Books of the Bafiluet^ to which Coiiftantine himfelf made a new Procbyron or Intro- 
 dudion, which is to be lecn at this Day ; and they are the fame, whi'ch after a 
 Series of lo many Ages, have been reviv'd by the Care and Diligence of lome de- 
 fcrving Men, Loversof our Jurilprudence, fiicli as Genti^mis Ervers, and Hannibal 
 Fahrottits % and which the Greek Interpreters have taken great Pains to comment 
 on, and illuftrate. 
 
 THIS Prince acquir'd no lefs Fame by his other renown'd Works concerning 
 Hiftory, which are extant to this Day ; he caus'd all the Hiftorians to be collcded 
 into one Body, and di^ipos'd them into 53 common Places, tho' the Hiftory of 
 Pnrpbyrogenitus, according to the ufual Cuftom of the Creeks, in many Places be 
 reckoned fabulous, frequent Inftances of which may be feen in this Hiftory. 
 
 MANY Greek Interpreters beftow'd their Labours on thefe Bafilica:, fo that 
 they had as great a Crowd of Greek Commentators in riie Eafr, as the Books of 
 Juflmian, after they were reviv'd in the W eft, had of Latin Commeutators and 
 Expounders. Cujaciiis mentions a great many of them, fuch as Stepbaiuis, Niccus, 
 T'aleleus, Jfidorus, Eujiatbius, Eudoxins, Gobtdas, Crimnts, Joannes, J^iotbeo- 
 doretus, Doxapater, Gregorius, Garidas, Beftes, Baphras, I'heopbilus, Cilocirtis, 
 Sefius, Calbftratus, Leo, Phocas, Modeftinus, and Dommmts ; to which Freerus adds 
 Patztis, 7'heophoUtzen, Phohemts, 'J'beodorus, Hennopolita, Demetrius, and Car- 
 topbilaces. In what precife Times thefe flourifh'd we have no Certainty : Neverthe- 
 lefs if 1'aJelens be reckon 'd amongft the Lawyers who commented on the Ba/iUae 
 he muft be another I'aleleus, and not he who flourifh'd long before in the Time of 
 Juftmiau, who aftifted in making the Pandedts, as we have faid cUcwhcre. 
 
 S O likewife this muft be another Stepbamis, and not he, who at the Command 
 of the fame Jiillinian beftow'd his Labour on the Digefts, which he alio trandated 
 into the Crff^ Language; neither can Theodoriis and JJJdorus be the lame, who 
 long before were employ'd by Juflinian among thofe leventeen in compofmc'- the 
 Latin Digefts. 
 
 MUCH left can it be this ^heopbihis, who together with 'fribonir.vus and Dorc- 
 theus compos'd the Inftitutions • and this Pbocas can't be one of the twelve appointed 
 for framing of the LcrtinCode. As for Calliftratns and Mode(}mus,\}s unqucftionably 
 certain, that thefe Civilians flourifti'd not only long before Porpbvro^cnitus, but even 
 before Jtiftmian himfelf Therefore if it be not granted, that there have been levcral 
 Lawyers at different Times of the fame Name, thefe cannot furely be reckon'd 
 amongft the Interpreters of the Bafiliece ; altho' foine of them had formerly been 
 employ'd in tranflating the Volumes of Jufthiian into the Greek Language, as 
 Stephanas^ (if we may htY\eY&' Matbxus''Blaftares on the Tt^mony oi' Antunius 
 Ai'.gufliniis) did the Pandedts, or at leaft 'falelcus, as Suares * and Stnivius » 
 believ'd, and as I'aleleus certainly did the Code ; whofe Example was followed by 
 Cyrillus in the Digefts, by 'I'heodoriis in the Code, and ^beophilus in the 
 Inftitutions. 
 
 BESIDES thefe, there were others of uncertain Names ; fuch as the Anonymous 
 Baftltcus, whom Cujacius believes to be the Interpreter of the fame Colledlion of the 
 Bafilicx, Evantiophanes, who made a Colledion of tlie Laws that clafh'd with one 
 another, or the Antmomies, whom the Biftiop of Frejus believ'd to be Pbotius, who 
 in his Norii')canon writes that he had compos'd fuch a Book ^. 
 
 CUJACIU S believes Dorotheus to be the Author of that prolix Paraphrafe 
 which goes under the Name of an Index ; but Gotofredus takes it to be the Work 
 of feverai Perlons, fuch as Bafilicus and Baphius, v/hom Conflantine made ufe of^ 
 and regarded as much as Jujlmian did Ti-ibonianiis ; for the laft added many Things 
 to that Index. 
 
 THEREFORE the Sudy of the Roman Laws was no lefs cultivated among the 
 Greeks in the Eaft, than it was afterwards among the Latins. Vnv whicii end many 
 of them began to comment upon them, and to interpret them varioufly, little 
 minding the Prohibition of y///?»»««, who allow'd them only to be tranllated into 
 
 ' Struv. Inc. cir. i * Suar. in Notit. Bafil. 
 
 * Of thcfc Editions V. Suares Notitia Bafil. I ' Srruv. hiil.Jur. Gric. cap. 4. 6. i. 
 
 ^ Auguft. ad Novel, in Prolcgom. ' * V. Doviat. hift.Jur. Civ. 
 
 Greeky
 
 3 5^ 'The Civil History of Book VII. 
 
 Greek, and the Paratitli ^ fbme added Scholia, Paraphrafes andGlofles; others again 
 loaded them with huge Commentaries ; but their Works have never been publifh'd 
 among us, and the greateft Part of them have been deftroy'd by Time, or are pre- 
 lerv'd in the Libraries of Princes and Learned Men. Thofc Works that have been 
 publifh'd, and are at prelent abroad in the World, are the NoJiiocaMii of Pbotiiis 
 Patriarch of Omft.inthiople, which near to this very Time was publifh'd in the Year 
 877, and divided into 14 Titles, to which Theodoriis BalfcViiiou added his Scholia. 
 
 THERE is the Ecloga of the Bafilicx, which by Icme is alfo call'd Syiiop/is j 
 Ibme, according to Cujaciits ', take Komanus the Toungcr, Son of Porpbyrcgevitus, 
 and Grandchild of Roniaatis Lccapeiiits, who reign'd about the Year 962, to have 
 been the Author of it. This Work was found by Joannes Sambucus in our I'aranto ', 
 a City, in the Time of Komanus, fubjedl to the Greeks. Autonius Galateus ' relates, 
 that Nicetas a Philofbpher of Otranto, afterwards a Monk of St. Bafil, colledttd 
 many Codes from Greece, and therewith inrich'd the Library of his Monalbery, 
 which being under the Rule of St. Bafil, not far from Otranto, became very famous 
 and confpicuous in thefc our Parts. 
 
 JOANNES LEUNCLAVIUS caus'd this Ecloga to be printed in Bafil in the 
 Year 15T5', and trandatcd it into Latin ; and Carolus Labbeiis added the Corredlions 
 and Obfervations ■* to it. In the fame Leiiuclavius ' we read likewil'e of another 
 Synopfis of Michael Attaliat us Vvoconful and Judge, made in the Year 1071, by 
 the Order of the Emperor il//(/^^e/ Dux, which goes under the Name of Pra^wwr/tr^. 
 A little after, in the Year 1071, Michael Pfellus, famous for his Skill .in the Laws 
 and Philoibphy, compos'd another Synopfis in Verfe, which he dedicated to the 
 fame Emperor Michael. 
 
 LASTLY, Conftantinus Armenopolus, a T'he(falonian Judge, about the Year 
 1 143, in the Reign of Emanuel Comneuus publifh'd the Epitome of the Civil Laws, 
 which he firft caus'd to be printed in Greek at Paris in the Year 1540, by Adam 
 Suallemberg ; it was afterwards tranP.ated into Latin, and printed in the Year 1547. 
 and 1549, by Bernard Key, and again in Lyons by John Mercer, in the Year 1556 : 
 The Manufcript is yet preicrv'd in the Vatican and Palatine Libraries. 
 
 CUJACJUS to all this likewife adds the Trcatiie of Eufiathnis AntecefTor de 
 ^emporum intervallis, which may be leen printed amongft his Works. Antonius 
 Auguftcnus, Freerus, and others, give us Account of otlier fuch Greek Writings * j 
 and Leunclavius gives us many Military, Rural, and Maritime Laws, as Carolus 
 Labbeus, gives the Paratitli. 
 
 FROM which may be gather'd, that at the fame time, when the Study of the 
 Roman Laws was laid afide by the Latins in Italy, by reafbn of the Incurfions of the 
 Saracens and other Nations, and on account of the DilTentions among our own 
 Princes, the Greeks continued to cultivate it with the utmoft Care to the very laftjuntil 
 Conflantinoplc was fubdu'd by barbarous Nations, and the ILmpire of the Eafl was ut- 
 terly ruin'd. And tho' their Labour was not bell:ow'don the Books of Jiifiinian, yet 
 they did not fpare it on the other Colledlions made afterwards in Emulation of him, 
 the Subftance of which was taken out of his Books ^ but tho' they took much out 
 of them, yet they added much more to them. 
 
 FOR thefc Reafons it was, that tho' the Dukedom of Naples, and many 
 Maritime Cities of thefe Provinces maintain'd themfelves long under the Dominion 
 of the Greeks, yet nevertheleft the Books of Juftintan were not receiv'd in them ; 
 and tho' in the Time of the Emperor Lctbaire II. the Pandedts were found in 
 Amalphis, a City once belonging to the Dukedom of Naples, and liibjed to the 
 Emperors of the Eaft, yet they were not taken for a Body of Greek Laws, by 
 which the Amalphitans were govern'd ; but their being found in this City was 
 owing to the frequent Voyages which the Amalphitans made to Coufiantinople, after 
 they became fo exquifite in the Art of Navigation, and by continual Commerce 
 made themfeves known all over the Levant ; for as there was no Veftigc of 
 Jnfiinians Books to be found in the other Cities of thele Provinces fubject to the 
 Greeks, Co neither would any have been found in Amalphis, had it not been for the 
 
 ' C.ujac.Obf.6. cap. 10. 
 ^ Avth. Duck, lib. 1. cap. 5 num. 7. Scruv. 
 loc cic. §. 4. 
 
 ^ Galat. de fitu Japygise. 
 
 "* Scruv. ]oc. cit. 
 ' Leuiicl. injur. Graec. Rom. 
 " Vuares loc cit. Snuv. loc. cir 
 ' Srruv loc- cir. 
 
 faid
 
 Book VI[. the K i n g d o m 0/ N A P L E S. ; 5 5 
 
 faid Commerce with the Eaft ; and what St'.niinontes (iiys, and with greater AflTur.jnic 
 Franctfco P:crri, that the Pandedts were likewiie found in Njples, is fiich an impu- 
 dent Untruth, that tis furpriznig to find Men lb brazen-fac'd, as not to blufh to 
 affirm it lb boldly, without the Authority of any Writer to vouch it. Only from the 
 Letters of Ivo o^Cbartres, and the Decree of Gratunwc may gather, rhut in tl.c 
 tenth and eleventh Centuries, fome other Copy miiil have been h;inded about <n 
 Frd)ice, for Ivo often in his Letters ', and Gratian in his Decree, not onI\ q-.iote the 
 Digefts, but alio the Inftitutions, the Novella; and the Code ". '1 hey were not 
 known in thcfe o'.;r Provinces which now make the Kingdom, before their beincr 
 found in Aiiialpbis ; and with our Lcngobard Princes their own Laws prevailed ; 
 neither were the Roman Laws heard of, but fb fir as they had contin';'d by Tradi- 
 tion amongft the Country People, and what could be collected from the ^heoi,oJiaii 
 Code corrtfted by Charki the Great. 
 
 NEVERTHELESS 'tis probable, that the Baftlicx, and the Works of thefe 
 Greek Lawyers lately mention'd, were rather us'd in the Further CalaLria ; feeing 
 Joavnes SMiihuats found the Ecloga cf the Bajil/ae in T'arantn j and GaL:tciis affures 
 us, that in the Monaftery of the Monks of St. Bajil in Otranto, many Greek Books 
 were found after the taking ofConfiantiiiople, and afterwards carried to Rome and put 
 in the Vatican Library ; whence we may conclude, that in Naples and the other 
 Cities lubjed to the Greeks^ the Novellx CnnjlUHtiones^ publifh'd by the laft Emperors 
 oftheEall after Jujiinian^ and thofe their laft Collcftions, from which the Jus 
 Grxcum was fram'd, had more Force than the Books oijuftinian ; and that perhaps 
 the Neapolitan Ulages take their Rife from thefe laft Laws of the Greeks, and not 
 from the Ancient, as Summontes thought, which wc fliall take notice of when we 
 come to difcourfe of the Colledlions of them. 
 
 THIS is faid with regard to the State of thofe Times in which the Greeks had 
 
 again become powerful in thefe our Pro^'inces ; for afterwards wh?n their Power 
 
 among us was at a very low Ebb, and particularly in the Dukedom of Naples, where 
 
 the Emperors of the Eaft had only a Shadow of Authority left, bccaufe the Dukes 
 
 govern'd th's Dukedom too ablblutely and independently j but efp^clally when the 
 
 iVbrw^wj appear'd among us, by whom the Greeks were driven out, neither they nor 
 
 their Laws were any more regarded ; for the Neapolitans being in the Neighbourhood 
 
 of the Longobards, conform'd tliemfelves to the Lcngobard and the ancient Roman 
 
 Laws, and not to the Greek, as all the other Provinces of whicli the Kingdom is 
 
 now corapos'd did ; for the Normans having driven out the Greeks^ rctain'd the 
 
 Longobard Laws, and commanded not only the Roman, but likewife the Longobard 
 
 Laws to be obferv'd every where, but gave greater Authority and Force to the 
 
 latter. Thus we fee, that before the coming of the Normans, in the Peace made in 
 
 the Year 911, betwixt Gregor-i Du.ke of Naples, and Atenulphus Prince of Bene- 
 
 vento, which was afterwards rencw'd in the Year 933. by Duke 'John his 
 
 Nephew with Landulpbus 1. ; among other Things it was agreed, that in the Cafes 
 
 or Differences that might arile betwixt the Longobards and Neapolitans, Juagment 
 
 fhould be given abfqtie oinni dtlationc fecitndtim legem Roiiianort!i?i, ant Longobardorum, 
 
 abfque maliciofa occafione ^, which was pradis'd in the other Provinces and Cities of 
 
 the Kingdom, v.here both the Roman and the Longobard Laws were obferv'd by the 
 
 Inhabitants in their Differences ; for wc read in Leo Oftienfis % that about the Year 
 
 1017, there having a Difputc arifen betwixt the Monaftery of Monte CaJJino, and 
 
 the Dukes ofGteta and the Counts ofJrajetto, concerning the Right to fbmc Lands 
 
 and W'oods within the Limits of Aquino, which was to be decided by the Prince of 
 
 Captta ; it was determin'd in Favour of Monte Cajfino, tarn ex Romanis legibus, quam 
 
 ex Lo?igobardts. From two Records of two Sentences pronounc'd in the Time of the 
 
 Normans, the firft in the Year 1 149, in the Reign of King Roger, and the fccond in 
 
 1171, in that of King M^illtam, which we owe to the Care of Camillas Pcllegnnus ', 
 
 we fee, that the Longobard Law was embrac'd by all, and in the Decifion of Cafes, 
 
 greater Strefs was laid upon it than upon the Roman Law ; the fame was pradtis'd 
 
 afterwards under Princes of other Nations who govern'd this Kingdom, as in the 
 
 Courfe of this Hiftory we fliall continue to take notice of 
 
 ' Ivo Epift. 46, 69, 79, ii;, 124. 
 * V. Panel lol. lib. ^. c. 2. Scruv. hift. Jjr 
 Can. cap. 7- ^- 17. 
 
 ^ The Infrrumcnt of th's Peace Is to be feen 
 in Camil Pel. liift. Piinc. Loiit, p.ig ;!;. 
 '* Ofrienf. iiiChron. lib. 2. cap ;f. 
 ' Pel. hift. Prin:. Lous'- pat;- iji. Sc ij-tf. 
 
 Z z 2 z CHAP
 
 354 
 
 The Civil History of 
 
 Book VII. 
 
 CHAP. III. 
 
 The Kingdom of Italy pajfes from the French to the Italians ; 
 Greater Revolutions happe7i on that account in thefe our ^Fro- 
 vinces -J and the Rife of the dukedom o/^ Amalphis. 
 
 yu^i^ffSf- ^ HA KLES the Grofs dying without leaving Male Iflue, and the Italian 
 O;; l*""-, i^;^ Princes being refblv'd not to part with the Kingdom of Italy and the 
 
 1.4 i,: 
 
 
 ■i - "• .-^p^; "^ 
 
 Title of Emperor, left no Stone unturn'd in order to keep it amongft 
 themfelves ; above all the reft Berengartus Duke of Friult^ and Gutdo 
 Duke o{ Spoleto, both of them equally powerful, and affifted by nume- 
 rous Parties, afpir'd to the Kingdom ; our Prince o( Beneiento could not 
 attempt it, tho' formerly he could have more cafily accomplifh'd it than they, but his 
 Principality was now much on the declining Hand ; and by being divided into ib 
 many Shares, had fufFered many Calamities and Troubles. Bererigarius and Guido 
 then, in order to prevent Confufion betwixt them, and that the one might not 
 obftruft the Defigns of the other, propos'd two different Expeditions ; Berengarius 
 was to invade Italy^ and Guido France. Accordingly upon Charles's Death, Beren- 
 garius being fupported by his Party, immediately without any Oppofition poflefs'd 
 himfelf of the Kingdom of Italy ; but it was hot io eafy for Guido to make himfelf 
 IMafter of France^ becaufe the French had timely appointed Eudo Count of Paris, 
 who was afterwards King of that Realm, as Tutor to Charles the Si7?iple. Guido 
 feeing hlmleif prevented, return'd to Spcleto, and began to think of turning out 
 Berengarius, who had already peaceably gone to Pai^ia^ and, according to Cultom, 
 had rnade himfelf to be crown'd by A7!fe!m B\!hop of Milan, and fix'd his Royal 
 Seat in that City, as his PredecclTors had formerly done. In the mean time Guido 
 having procur'd the Favour of the Pope and the Romans, and iupported ly a 
 numerous Party in Oppofition to Berengarius, got himfelf to be proclaim'd King of 
 Italy. Thus by a molt wicked and pernicious Example Italy became divided into 
 twoFaftions, and the People being divided betwixt the two Parties acknowledg'd two 
 Kings. Altho' Berengartus's Caule was the moft juft, neverthelels Guido's Faction, 
 being favour'd by the Pope and the Romans, increas'd very much ; whereupon having 
 rais'd a powerful Army, he march'd out of Spoleto fully refolv'd to drive out his 
 Enemy. They made a cruel War againft one another, and after various Succcls, 
 Berengarius being routed, was at laft forc'd to quit the Kingdom. Guido in the 
 Year 890. having enter'd Pavia, eafily made himfelf Maftcr of all Lombardy, and 
 behig proclaim'd over all Italy, the following Year 891. he was alfo ndvanc'd to 
 the Imperial Dignity ; for having gone to Rcr/7e he was crown'd Emperor by 
 Pope Stephen, and proclaim'd Augufliis. Thus after fo many Revolutions the 
 Empire fell into the Hands of the Italians ; and 'tis laid, that Guido in return for 
 fuch fignal Service, confirm'dto the Pope all the Donations and Prerogatives which 
 Pepin, Charles the Great, and Levjis the Pious had gfanted to the Church of 
 Rome. 
 
 UPON his Return to Pavia, according to the Cuftom of the other Kings of 
 Italy, he having conven'd the States |both Ecclefiaftical and Secular, granted many 
 Privileges to the Churches and Cities ; and in order to cftablifh his Kingdom of Italy 
 in a better Form, in the Month of May this Year 891, he publifli'd many Laws 
 in Pavia. We have as yet to this Day Ibme of the Laws of tlie Emperor Guido in 
 
 the
 
 Book VJI. ?/;^ K I N G D o M 0/ N A P L E S. ^ 5 c 
 
 the Volume of the Lougobard Laws, which the Compilers added to that Volume a^ 
 being eftablifh'd by him as King oi Italy, which had all Force and Authoritv there: 
 we read one of them in the firft Book under the Title De Cou-viffis ; another in the 
 lame Book De Iiivajioiiihtis ; another in the iecond Book under the tenth I'itie ■ 
 another in the fame Book under the Title Dc SHCccJfwnibus ^ and two others in the 
 third Book under the twelfth and thirteenth Titles. 
 
 BY the Death of Vo^c Stephen V. which fell out this fame Year S91, and the 
 Eledion oi cergius in his Room, the Troubles in Italy and Rome increas'd ; for Ibme 
 of a contrary Fadion eleded Formofiis ■ and as Giiido fivour'd the Fadion of Scr- 
 giuSy lo on the other hand fiercngarius declar'd for Formofus. Bercntrarms had had 
 recoarfe for Afliftance to Arncdphus King of Germany, natural Son"of Carlomanu 
 who had iikewife declar'd for Pope Formofus, that by joining their Forces together 
 he might recover the Kingdom i and this Prince who alpir'd to the Empire of the 
 Weit, la'd hold of the Opportunity' with pie fure, and Cent Zueudebaldus his Son into 
 Jtj/y with a powerful Army ; but thele Forces could do nothing againOC'/zc'c, becr.ufe 
 after feveral Encounters they were always worfted, and at laft Zuendebaldns being 
 forced to quit the Undertaking, return'd to Germany, and Giiido, flufh'd with this 
 Victory, allbciated his Son Lambertus with himfelf in the Empire. 
 
 bU T Giiido did not continue long in this profperous State, for Berengarius return- 
 ing to Uorms, where Arnolphus had caus'd a Diet to be conven'd, fb order'd 
 Matters, that he ingag'd this Prince to go to Italy in Perlbn in order to drive out 
 Gi:-io, and to rcftorc himfelf to the Kingdom oC Italy ^ this Expedition at this 1 irae 
 was attended with Succefs, he took Bergamo, the Milanefe, and Pa'vta and Placentta 
 yield d without Refiftanre; and heient 0/^othc Grandfather ofOtho the Great, whom 
 we ihali frequently have occafion to mention, toMilan, and reftor'd Berengarius to the 
 Kingdom. Gutdo with his Son flying towards Spoleto, was purfu'd by his Victorious 
 Arms; but dying foon after in the Year 894. by a fudden vomiting ofElood, 
 Bertngarnis could the better fix himfelf on his Throne ; wherefore he mide Pavin 
 the Place of his Refidenre, and was wholly intent on lettling his Kingdom. 
 
 BUT tiiit Dilputes did not end in Italy on the Death of Guido, forafmuch as 
 thoie of his ladion perfifting obftinately in their Engagements, combin'd more 
 clolely w;tn his Son Lambertus, who had retir'd to Spoleto, and follicited him to ac- 
 cept of their AililL^.nce againft Berengarius. 
 
 NEITHER was their Effort in vain, for Berenyarius being deferted by his 
 Party, and prels'd hard by Lambertus, was forc'd to quit Pavia, which was imme- 
 diately poflels d by Lambertus, where, with great Rejoicings, he was proclaim'4 
 King uy his own Party. But Berengarius being driven out, h.^d his recourle anew 
 to Arnolphus, whom Pope Formofus had follicited on the fame Head. Artiolpbus 
 being urg'd by thefc two, was at laft rclolv'd to go again into Italy, where bemg 
 arri\''d, he took Rome, drove Scrgius and his Fadion out of it, and in the Year 896. 
 was crown'd Emperor by Pope Formoju^, who took an Oath of Fealty to him. 
 'i his was the firft German who had been Emperor of the Weft after the French and 
 lialiav.s ; and in a fhort '1 ime there were three Emperors feen in Italy, Guido, Ar- 
 nolphus, and Lambertus, for Berengarius liitherto had been Ible King of Italy. 
 Arnolphus afterwards purfu'd Lambertus, but after various Turns of Fortune, Pope 
 Formo/us dying, and his Party declining, and on the contrary the oppofite F^id'on 
 in.reuling, Stephen VI. was cleded, who exterminated the Fadion of Pope For- 
 j jus, and dilannulling all that he had done, condemn'd him is guilty oi Simony, and 
 his Body was thrown into the I'fi'er by thofe o( Sers[ius\ Fadion. He declar'd the 
 Eledjon of the Emperor Arnolphus void, and on tiie contrary anointed Lambertus 
 Emperor ; but afterwards his Party declining, Stephen was imprJlbn'd by the 
 Romans, and about the End of the Year 900. he was ftrangleU, and Romanus 
 elected in his Room. He reversd all that his Predeceffor had done, caus'd to be 
 c ^ndemn'd and declar'd void all that had been done aga'nft Formofus ; and hawing held 
 t:ie See but few Months, 1'heodorus fucceeded iiim, who following the Footft.'ps of 
 Rcianus, reltor'd all thofe whom Stephen had banifh'd. Rome ne\er was iscn in (b 
 great Confufion and Dilbrdcr, as in thefc truly deplorable! imes. Neither had the 
 C.^urch of Rnriie ever been in Co pitiful a Condition as now, when the Popes 
 were elcdcd by Fadions ; and all Hiftorians agree, that fhe was in a terrible Dis- 
 order ; and Cardinal Baronius himfelf fays, that fhe had fallen under the Dominion 
 of two lewd Women, who plac'd their Gallants in St. Peters Chair, that were 
 
 unworthy
 
 ? 5 6 The Civil History of Book VII. 
 
 unworthy of bearing the Name of Popes j and that therefore the Church was many 
 Years without a vifible Head, but that (he was prelerv'd by our Lord Jefus Chrift, 
 who will never forlake her. 
 
 NO Ids were the Revolutions and Diforders among the Secular Princes. The 
 Empire of Lavibertus being become grievous to the It.ilians, they again plung'd 
 themielves anew into Siditions; Lai/ibeytus was kill'd, and Berengartus reftor'd, 
 •w ho immediately took PoflfelTion of the Kingdom. Every Body would have bcliev'd, 
 that at leaft th'ofe of Lanibertus's Party ought now to have put an end to F'dions, 
 and join'd with Bercn^arius ; but the Event happen'd contrary to all Expedation: 
 that there might not be wanting a Pretender, they fet up Lewis, who at this lime 
 reign'd in Prorence, and was Nephew to the Emperor LfttvJ II. and invited him 
 to come to Italy^ and promis'd, that if he would drive out Berengarius they would 
 proclaim him King. Lewis prefently came to Italy, and having driven out Berai- 
 gariiis, who rctir'd to Bavaria for Shelter, and being crown'd King of Italy by the 
 Archbifhop of Milan, was afterwards alfo proclaim'd Emperor, and magnificently 
 receiv'd by Adelberttts Marquifs of T'ttjcany. 
 
 I N the mean time Berenzarius having march'd from Bavaria w ith a powerful 
 Army, rcturn'd to Italy^ fought Lcivis, impriibn'd him, and caus'd his Eyes to be 
 put out, but fpar'd his Life. Thus did he reign alone in Italy ; and afterwards in the 
 Year 915. he was crown'd Emperor by Pope/c^?/ X. The Levity of the Italians did 
 not end here ; for being fbon weary'd of the Government of Bereiigartus, they 
 invited Kodnlphus King oi Burgundy, and in Oppofition to r.crengarius proclaim'd 
 him King of Italy ; whereupon a bloody and cruel War enfu'd betwixt thefe two 
 Princes, and at laft Berengariiis was kiil'd by Kodolpbus's Party in Verona. But 
 Rodolphiis enjoy 'd the Kingdom but a fhort Time, for Diforders and inteftine 
 Faftions prevailing, the Italians invited another Prince into Italy to rival him ; 
 this was Hugo Count of Provence, Nephew of Lotbaire King of Loraine ; who being 
 come into Italy, and ha\ing chas'd away Kodnlphus, was immediately crown'd King 
 by Lambertus Archbifhop o( Milan, in the Year 926, and reftor'd the Kingdom to 
 better Order ; and to lecure it to himfelf the longer, being frighted by the Ex- 
 amples of his Predeceflbrs, he enter 'd into a ftrift Alliance with Henry King of 
 Germany, and Kcmanus Emperor of the EafV. Afterwards he affociated Lotbaire his 
 Son in the Kingdom, that fb in his own Life-time he might eftablifh him in Italy: V)ut 
 all thefe Endeavours were in vain ; Rodclphiis was invited again, but that he might 
 not expofe himfelf to the VicifTitude of Fortune, he refus'd to come. Notwith- 
 ftanding which, they did not want one to whom they had recourfe, Berengariiis II. 
 born of a Daughter of Berengarius I. was the Perfon pitch'd upon, who being 
 invited by the Italians, was proclaim'd King in Oppofition to Hugo, againfl whom 
 they had conceiv'd an implacable Hatred. Lotbaire his Son lamenting the Misfortune 
 of his Father, at lafl prevail'd with the People of the Milanefe to accept of him for 
 their Sovereign ; but his Reign was very fhort, for he died foon after, in the Year 
 949, and Berengarius with Adelbertus his Son were crown'd Kings of Italy. Neither 
 would the Miferies and Afflidlions of Italy have ended here, if at lafl the Italians, 
 provok'd by the Tyranny of Berengarius, and guided by better Counfel, had not, 
 by the Advice and Diredlion of the Pope, apply'd themielves to a potent and glorious 
 Prince, who drove out thole Tyrants rather than Kings, and put a Stop to fo many 
 Mifchiefs: This was the great Otho King of Germany, whofe glorious Exploits will 
 give occafion to mention him frequently in the following Book of this Hillory. 
 
 BEHOLD in what a lamentable Condition Italy was for upwards of fixty Years, 
 when, by the failing ofMale-IHue in the Off-fpring of C/^^ir/ej the Great, the Em- 
 pire was transferr'd from the French to the Italians ; who, tho' they abhorr'd the 
 Dominion of Strangers, yet could not govern themfelvcs better Neither was there 
 any that could give it Relief if it had not been transferr'd from the Italians 10 t\\e 
 Germans, in the Perfon of the Great Otbc. 
 
 SECT.
 
 Book vn. r/75 K I N G D o M 0/ N A P L E S, 357 
 
 SECT. I. 
 
 The State of thefe our Provinces •, a?id the aggrandizing o/'AmalpIiis. 
 
 IN the mean time our Lw/^o^^rt^ Princes, and the Greeks whoh^A the Government 
 of thefe our Provinces in their Hands, feeing all going to wreck, and there being 
 none that was able to put a Stop to their ambitious Defigns, did not fail to encroach 
 upon one another. The Title of Emperor of the Wefl, or of King of/r.T/y, as 
 to them who took no manner of concern about it, was little better than extin<ft ; 
 •whereupon the Power of the Emperors of the Weft ceafing, that of the Emperors 
 of the Eaft began to increale in theft Provinces, and the Forces of the Greeks to be 
 more confiderablc ; whence it happen'd, that the Greeks having regain'd a great 
 Part of Piiglia and Calabria^ and likewife made themfelves Matters of Benevento, 
 endeavour'd alfo tofurprize Salerno ; and whereas formerly the Princes of thefe States 
 had laid their whole Strcis on the Emperors of the Weft for Afliftance againft the 
 Saracens J now they wholly depended on thofe of the Eaft ; and the Litigobard 
 Princes themfelves had obtain'd their Favour, and had frequently dcmandedthe Honour 
 of Patriciate, a Dignity in thofe Days the greateft that the Greeks could give : So 
 that, as we have fiid, Gnaimarus Prince oi Salerno^ for the better fecuring his State, 
 got the Principality confirm'd to him by the Emperors Leo and y^lesaiider, as it had 
 been allotted to Sicoudpbus by the Divifion made with Kadelckifius. 
 
 THE State of thefe our Provinces towards the End of the ninth Century was 
 this: The Principality of £f;;frc;;fc being confin'd to very narrow Bounds, having 
 had the Principalities of Salerno and Caftia disjoin'd from it, was in the Hands of 
 the Greeks J and govern'd by George a Patrician, fent by the Emperors of the Eaft, 
 who were now w-ont to fend Officers to govern Beuei-ento. But the Greeks, through 
 their Pride and Vanity, ufing the Beneventans ill, made them refolve to fhake off 
 the Yoke, and drive them out of that City. 
 
 THE Principality of Salerno was govern'd by Guaimarus, which had been con- 
 firm'd to him by the Emperors Leo and Alexander, Sons of Ba/ilius. Capua was 
 undej Atenulpbiis, who having driven out Landulphus and Laudon his Brothers, had 
 made himfelf Count of it. The County of Capua at this Time (according to the 
 Anonymous Monk of Caffino ' and ErchempertusJ comprehended all betwixt 
 Caferta and Suejfula, in length reaching to Aquino, and once as far as Sora j and in 
 breadth from Cajazza to the I'yrrbcnian Sea, on both Sides of the Mouths of 
 Lint ur no, Vulturno, and Liri ^ 
 
 A good Part of Pu^lia and Calabria had come under the Dominion of the Greeks, 
 to whofe Cities they lent Patricians or Lieutenants to govern them. Gaeta with its 
 linall Dukedom likewife belong'd to the Greeks, wlio appointed a Duke for govern- 
 ing it ; in the Year 812. Duke G regnry govtrnd it, nnd at this Time Docibilis was 
 Duke of it. Naples with its Dukedom was govern'd by Atbanafins, both Bifhop 
 and Duke, arbitrarily and independently ; but the Bounds of this Dukedom were 
 much confin'd, by Amalpbis being taken off of it, which was govern'd by a Duke 
 apart, who acknowledg'd the Greek Emperor for his Sovereign. 
 
 AMALPHIS, which fbmc reckon no older than from the Year 600, wasfirft govern'd 
 by annual PrcfcAs, afterwards it had its perpetual Dukes, in the fame manner as 
 Naples \, and being divided from the Dukedom of Naples, by Degrees it began to 
 extend its Limits, and to be govern'd by a Duke in Form of a Commonwealth. 
 Its Bounds reach'd Enftwards to fico Vecchto , and Weftwards near to the Promon- 
 tory of Minerva, and on that Side the Illand of Caprca was afterwards addtd to it, 
 and the other two Iflands of the Galli. The Emperor Lewis taking the Amalpbitans 
 under his Proteftion againft the Neapolitans, at which, as we have faid, Bafilius 
 was offended, aflign'd thefe Iflands irrevocably to Amalpbis ; whence we read, that 
 
 ' Ignot. CaflTin. apudPell.n. 2;, & 26. ' V. PHI. Cliron. Com. Capus, peg. 142. 
 
 5 A Lrdtiis
 
 ^ 5 8 The Civil History oj Book VII. 
 
 Le-xis fent the Amalpb'ttans to fet Billiop Athanafius at Libeicy, who had been 
 made Prilbner by Sergiiis Duke oi Naples ■, and for that reafon, even as to what 
 relates to the Ecclefialtical Polity, the Bifliop of Caprea was Sufn-agan to the Arch- 
 billiop oi yjinalpbis, and not to the Archbifiiop o£ Naples. Towards the North this 
 Dukedom comprehended the City of Lett eye, of old call'd Caftello di Stabia, with 
 Gra-cJiiio Piiio, now call'd Grjgiiaiw, PimovJio, and Cafale de Franchi ; and towards 
 the South Aiiialphis itfelf, Scala, Kavello, ALuori, Majuri, Atraiii^ I'ramouti, Agcula^ 
 Citara, PrajanOj and Pufitam. 
 
 IN procefs of Time this Dukedom ib o.a'itcd itfelf, that the Awalphitans 
 became famous for Navigation ail over the liaft, and increas'd both in Power and 
 Riches ^ therefore they made and fuftain'd many \\ ars j they alfum'd the Power of 
 making Laws in relation to Trade, and tlie Commerce of the Sea ^ which with us 
 had the fame force and Authority as the Rbodian Law had with the Komans ; 
 and Marinus Freccia ' teftifies, that all Difputes about Navigation and Maritime 
 Commerce were decided by the Anialpbitan Laws. And who is it but knows, that 
 the wonderful Invention of the Mariners Compafs is owing to Flavio Gijla, a Native 
 of Pojita'iio, a fmall Village of this Dukedom ? They likewife alTum'd the pre- 
 rogative of coining Money, which they laid out in all the Eaftern Nations ^ whence 
 the I'ariui Anialpbitani became fo famous, which are mentioned in o:;r Cuftoms, and 
 many old Charters. They eleded their Dukes out of their own Body, altho' they 
 were afterwards confirm'd and made patricians by the Emperors of the Eaft. They 
 became much more famous and rcnown'd in the Time of the Normans, as in the 
 Pro^refs of this Hiftory will be feen ; and they enjoy 'd this Liberty till the 
 Year 1075, that Robert Gutfcard having fubdu'd Salenw, added this Dukedom 
 to his Dominions ; altho' for a long time they ftill retain'd fomc Veftigcs of their 
 decaying Liberty. 
 
 BEHOLD into how many Principalities and Governments, that which now 
 makes one Kingdom was divided in thefe Times. The Saracens over-running every 
 where, and carrying Deftrud;ion and Ruin along with them to every Place, it was 
 no wonder that they at laft gave way to a fuperior Force, and fubmitted to 
 the powerful and brave Normans, who had now fubdu'd the Greeks, Saracens^ 
 and Longobards. 
 
 ' Freccia de Subfeud. pag. 27. In Regno non 
 lene Rhodia maritima de cernunrur, fed Tabula 
 quam Amalphitanam vocant, omnes connover- 
 
 fisc, omncs lircs, ac omnia Maris dlfcrimina ea 
 lege, ac fanitione, ufque ad hsc tempera 
 liniunrur. 
 
 
 CHAP.
 
 Book VII. the Kingdom of N A P L E S. 
 
 5 5P 
 
 CHAP. IV. 
 
 The ^rhicipaJky of Benevento retaken from the Greeks j and the 
 County of Capua reunited to it. 
 
 [HE Bene'ventaus, as wehavefaid, not being able to bear the harfh and 
 fevere Government of Georg^e the Patrician, refolv'd to fiiake oft the 
 Greek Yoke ' ; they who had been us'd to govern, could ill bear to be 
 in Slavery j therefore they wrote to Guainiarits Prince of Salerno, 
 who had maried Jota Sifler of Guiclo III. Duke of Spcleto, that he 
 would defire his Brother-in-Law to come to Benevento with a good 
 Army, and they would deliver thcmlclves up to him. This was not that Guido who 
 afpir'd to the Empire, which he long contended for with Berenganus, as fome have 
 believ'd; he was the Son of f?//;flo II. Duke of Spoleto^ \jh.om. Erchempert us men- 
 tions ' j for, as we have faid, the Emperor Guido died of a fudden yomiting of 
 Blood, in the Year 894, and George was driven out o£ Benevento by this other G«/i^o 
 in the Year 896. Giudo then came immediately to Salerno, accompanied with 
 gallant Soldiers, under pretence of feeing his Sifter, and afterwards to Benevento 
 with a fufficient Army ; the Beneyfi-ntans who would have none other, furrender'd 
 themfelves to him, and drove out George, and for Five thoufand Ducats fpar'd his 
 Life : Thus did the Greeks lofe Benevento five Years after they had taken it. 
 
 GUIDO held the '£v\nc\^a.\\ty oi Benevento not full two Years, for he rcturn'd 
 to Spoleto, and being employ 'd in other Undertakings, refolv'd to yield it to 
 Guaimarus his Brothcr-in-Law : Guaimariis attempted to take PofTeflion of it ; but 
 the Beneventans becaui'e of his cruel and wicked Pradfices, not being willing to accept 
 of him, they advis'd Adelferius Caftaldus of Avellino, to way-lay him in order to 
 fruftrate his Defigns : Adelferius furpriz'd him in the Night-time, and putting out 
 his Eyes, oblig'd him to retire to Salerno, in the Year 898 K Of which the Bene- 
 ventans being appriz'd, they refolv'd to reftore Kadelchis to the Principality, 
 •whom they had twehe Years before turn'd out of it. Thus v.'as Radelchis reftor'd 
 in the Year 898. 
 
 BUT through his Ignorance of the Art of Government, his Simplicity and In- 
 dolence, he again loft the Principality; forfufferinghimfelf to be ruled by Virialdus 
 a cruel Man, who treated the Beneventans very ill, he was again turn'd out. He, 
 at the Inftigation of Virialdus, banilh'd a great many Noble Beneventans, who re- 
 tir'd to Capua f()r Shelter, and were there fplendidly cntcrtain'd by Count Atenulpbiis, 
 who fb cunningly ingratiated himfelf into their Affedions, that they began to 
 think how to drive out Kadalchis, and advance him to the Principality of Benevento ; 
 and tho' the Benevantans had often, amidft their Junquetings and Paftimes, in- 
 fmuated this their Dcfign ; Atemilpbus feemingly undcrftood it as Ipbken in Jeff-, 
 but however knowing what they would be at, he likewile privately began to think 
 on Means by which he might accomplifh it. 
 
 That he might not be diverted from this Entcrprize by Guaimarus, Prince of 
 Salerno, he refolv'd to enter into a near Alliance wiih him, and by a very fub- 
 milTive and affedionate Embafly, with Prayers and Intreaties, he begg'd the 
 
 Anon. Salern. par. 4. num. 6 apud Ptli. 
 Erchcmp num. 74. 
 
 ' Anon, Scilcrn p .\. num. 6. 
 
 Daughter
 
 2 6o The Civil History of Book VII 
 
 Daughter of Prince Guainh^iras the Elder, for Laudulphus his Son, and protefted, 
 that he would be lubjed to him, as his PrcdecelTors had been to the Princes of 
 Sakrm ' ; but by the Inftigation of Landnlphus and PiUidoii, who having been 
 driven out ofCtpnahy yJtcuulpbns their Brother, had {helter'd themfclves \\\ Salerno., 
 all thefe Offers were rejtdtcd : They boafted, that in a fl-.ort Time they would turn 
 him out of his Dominions, which he had ufurped from them, and therefore were 
 a<^ainft making Peace with him. With them Jota^ the V\'ife of Prince Guaimarus 
 the Elder likewife joyn'd, who, fcorning to give her Daughter to Lavdulpbtts, was 
 wont to fay, that fhe being defccnded of Royal Blood (for flie was Daughter of 
 Gi'.tdo II. Duke of Spoleto) would, by no means, match her Daughter with one of 
 her Subjcfts : She faid fo, becaufe the Counts of Capua were formerly Subjeds of 
 the Princes o^ Salerno ; for, by the Divifion made of thefe two Principalities, Capua 
 was comprehended in that of Salerno^ and not in that of Bev.e'veuto. 
 
 Therefore AtemiJpbus feeing himlelf thus flighted, loft all Patience, and this his 
 Defit'n not fuccecding, endeavour'd to make Alliance with yitbauaJJns, both Bifhop 
 and Duke of Naples. This Duke had a Daughter, call'd Gewma : He fought her 
 for his Son, to which Atbanaf.us immediately confcnted, by means of which Match, 
 they entered into a firm and fettled Peace \ 
 
 1 N the mean time the Disorders in Beuercuto increafed, and many Citizens, 
 tho' they were not exil'd, yet voluntary flying, left their native Country, and 
 fhelter'd'themfelves in Capua ; Co that the Beucveutans growing numerous in Capita^ 
 entered into a Confpiracy with their Kindred there ; they imparted the Secret to 
 Ate'iiulphus, and taking Arms, with a lew Capuans whom Atemtlpbiis took along 
 with him, went privately to Bei-eveiito, and by a fccret Correfpondence with 
 thofe within, furpriz'd the City in the Night-time, furrounded the Palace where 
 Radelchis was , and made him Prifoner. In the mean Time, all the Malecontents, 
 and thofe that had been banifh'd, over-running the City, in an Inftant both the 
 Nobles and People join'd them, and unanimoufly proclaim'd Atermlpbtis. Ateutil- 
 pbiis feeing himielf with Co univerfal Confent thus rais'd to this high Dignity, did 
 not fail, on his Part, to carry himfclf with extream Mildnefs and Humility to all, 
 and in order to gain the Beueveutans to be the more firm in his Interefl, he was 
 profufe in his Gifts to them : Thus Atenulpbus from a Cafieldatus, and after having 
 govern'd Capua Thirteen Years as Count, this Year 900, was made Prince of Bene- 
 teiito ; and thus was the County of Capua united to the Principality of Beiwvento, 
 and of two, made one State in the fame Perfbn, to the great Diflike of fome of 
 Radelcbis's Party, who could not bear the Dominion of a Stranger, as they call'd 
 Atenulpbus, becaufe he was not delccnded of the Race of the antient Dukes and 
 Princes of Bene'vento. 
 
 AT'E KUL P nU S did not divide thefe States, but retain'd the fame Polit)-, 
 neither was this the firft Rife of the Princes of C7/)«/r; nor did the County of 
 Capua now begin to be a Principality, as fome have believed ; for Atenulpbus., as 
 well as his Sons, were call'd Princes, becaufe they held the Principality of Benevento -, 
 and if, fometimes, in fome Records of our Antiquity, they are call'd Capuan Princes, 
 it is becaufe both Atenulpbus and his Sons, Landulpbus and Atenulpbus who fuc- 
 ceeded him, continu'd to keep their Refldence in Capua, which they made their Seat; 
 fo that by degrees, according to the Cuftom of the Vulgar, they began to be call'd 
 Capuan Princes, becaufe they rcfided in Capua:, not that Atenulpbus had ereded 
 Capua into a new Principality, diftinft from that of Beneiento, which we fee clearly 
 from the Agreement made betwixt Gregory Duke of Naples, and the Princes Lan- 
 dulpbus and Atenulpbus, renewed afterwards in the Year 933, by John, Nephew 
 oC Gregory, who fucceeded his Uncle, where, among other Things, we read ; Jntoto 
 Priucipatu -vejiro Bene'ventano cum onmiLus juts pertinent tis j nee m toto Comttatu Ca- 
 puano ; nee in I'eano cum pertinentiis fuis ; w hich Camillus Pellegrinus and the Anony- 
 mous Salernitan provd 
 
 AT'E NUL P HU S, the more firmly to eftablilh the Principality in his Male- 
 delcendents, forthwith affociated his Son Landulpbus in the Year 901, who, from 
 this Year, together with his Father, govern'd it ; and after having ftay'd Ibme time 
 
 ' Anon. Salern. par. f . . ' Anon. Saler. pag. f . num. f. 
 
 * Anon. Salern. \>. s- num. i ' 
 
 in
 
 Book VII. the K i n g d o m 0/ N A P L E S. 561 
 
 in Beitcverito, he return 'd to C^ptia, where he refblv'd to refidc, leaving the Govern- 
 ment of that City to Peter its Bifhop, for which he could not much commend him- 
 felf, becaule he difcover'd that the Bifhop had confpir'd, w ith Ibme Beueieiitans 
 treacheroufly to make himfelf Mafter of the City : W hereupon he immediately 
 return'd to Benevetito, imprifon'd the Rebels, and turn'd out the Bilhop, who, full 
 of Shame, retir'd to Saleriic, under the Protediion of Prince Guaimartis^ who re- 
 ceiv'd and furnilh'd him all Things neceffary, out of Hatred to Atenulphus his 
 Enemy. Tht C\t\ oi Benen:ento, by degrees, began to decay in its Splendor ^ for 
 the Seat of its Princes being transfer 'd to Capita^ it thereby loft much of its Majcftv, 
 and afterwards being fpoifd by the Saraceus, it loft all its Worth and Eminency j 
 and, on the contrary, Capua began to be exalted and become more eminent. 
 
 A T the fame time there happen'd, alio, great Dilbrders in Salerno ; for the 
 Salernitaus being uneafy under the harfh and cruel Government of Guaimarus, after 
 jidelferiv.s Caftaldus of Avelliuo had put out his Eyes, openly rebell'd, and had 
 their recourfe to Guaiinarus his Son, crving out. That they could no longer endure 
 the Cruelty of his blind Father, but would have himfelf for their Lord ; and having 
 fb faid, they took him, and carrying him to the Church of St. Maxinnis, proclaimed 
 him their Prince ' ^ thus in the Year 901, having depos'd the cruel Father, they 
 liv'd long under the mild Government of the Son, jo} fully and with pleafure ; fo 
 that in the Chronicles of the Princes of Salerno, the firft Guaimarus, is call'd MaliX 
 Metnorice, and the Second, his Son, Bonx Memorise, juft fo as the Normans call'd 
 W^illiatn tbe IVtcked, and li illiam the Good. 
 
 ' Leges Bajoariorum tit. ii. nan iiivalidum 1 viribus animi, corporifque conftantem, atqup 
 Duct'm luo e Regno ab fillo dejici, fed Ducem I noncxcum, vel non fardum, vetebanc. 
 
 SECT. I. 
 
 New incurfions of the Saracens, avd recourfe had on that Acccurit to the 
 
 Emperors of the Eaji. 
 
 IN the mean Time, the Saracens, who had fortified themfelves ftrongly in 
 Gartgliano, and over-running every where, infefted the Principality of Bene" 
 'vento, and the County of Capua, could not be ftopp'd by lefs or equal Forces. 
 Atcnv.lphus once join'd with Gregory Duke oi Naples, who had fucceeded Aihanajius, 
 and with the Amalphitans, endeavoured to exterminate them j but this Enterprize did 
 not anfwer his Expedtation : He perceiv'd that all would be in vain, if he got not 
 foreign Afliftance. It was to no Purpofe to have recourli;, as formerly, to the Em- 
 perors of the Weft j they were in as great Difficulties themfelves, by realbn of the 
 io many Revolutions in which they were involv'd : It was wifely refolv'd then, to 
 apply for Afliftance to the Emperor Leo, who had fucceeded his Father Bafilius, and 
 at this Time govern'd in the Eaft, for which Purpofe he fent his own Son 
 Laffdulpbirs, his Partner in the Government, to Confiautinople, who being courteoufly 
 received bv Leo, got a Promife of all the Afliftance he could defire. As formerly 
 the Emperors of the Weft were fond of affifting our Princes, fo now thofe of the 
 Eaft fought to do the fame, becaufe by that Means they might be able to reftore 
 their Soveraignty over thcfe Provinces, which they had loft by the Power of thofe 
 of the Weft ; therefore befides lending a powerful Army into them againft the 
 Saracens, Loo, in order to make himldf acceptable to our Princes, likewifeadorn'd 
 them with the Dignity of Patriciate, which was much efteem'd in thofe Times j 
 therefore he bcflow'd it on Landulpbus, as he did afterwards on Gregory Duke of 
 Naples, and 'John Duke of Gasta. 
 
 I N the mean time Atcnnlpbus, whilft Landulpbus was abfent, in this Year 910, 
 alfb affociated his other Son of his own Name Ateiuilphus, in the Principality ; and 
 with great Anxiety was expecting the promis'd Succours, being altogether bent on 
 
 5 B dr ving
 
 5 6 2 'The Civil History of Book YH. 
 
 driving out the Saracens from thefe Provinces ; but all his Mealures were broke by 
 unexpefted Death. He died in Capua in the iMoiith of yipri!^ this Year 910,' and 
 Ibme relate his Death to have been in the Month of July', the following Year. He 
 was buried in Capua, lb that the Tombs of the Princes his Succelibrs, arc not to be 
 leen in Bcne^ctnto, but henceforth in Capua, where they fix'd their Seat. He died 
 regretted by allj after having held Leneveutuin 'I en Years and Six Months. A 
 Prince truly glorious, and who was the Raifer of his own Fortune, having, by his 
 own incomparable Induftry, from a fimple Caflcldatus, advanc'd himfelf to the 
 Throne of the Princes of Beuei:e!ito ; but much more commendalie was he, for 
 having brought about the Union of the Two States of Beiieveiito and Capua, which 
 was the Occafion of their longer Duration, and prevented their Ruin, which would 
 have been iboncr than it afterwards happened ; and for having educated his Sons in 
 fuch a Conformity of Sentiments, that by a fingular Example after his Death, with 
 the greateft Unanimity they govern'd the Principality without the leaft Difturbance. 
 LANDULFHUS, while he was in Conftantimple, hearing of his Father's 
 Death, immediately returu'd to Capua, where being made welcome by his Brother 
 yltenulphus, both of them joyntly, with wonderful Concord, govern'd the State, 
 neither would they divide it betwixt them, as the Father had advifed, nor the one 
 govern in Beneve/ito, and the other in Capua ; but both having fix'd their Refidence 
 in Capua as formerly, apply'd themfelves to the Government of the State. 
 
 I N rhe mean 1 ime, the Army fent by the Emperor Leo, arriv'd under the Com- 
 mand oi' Nicholas Picigli, a Patrician, who, inordcr the more tolecuretheFriendfhip 
 of the Neighbours, brought with him the Dignity of Patriciate from the Emperor, 
 to Gregory Duke of Naples, and Jcbn Duke of Gacta. And having joyn'd his 
 Army with that of thefe Two, and with the Troops of Guaiinarus Prince of Salerno^ 
 and being likewife confiderably reinforc'd from Piiglia u.nd Cala'uria, which were then 
 for the moft part under the Dominion of the Greeks, he incam.p'd along the 
 Garigliano, oppofite to the Saracens. Pope John X. or XI. as Ibme have written, 
 who equally interefted himfelf in theExpuIfion of thefe Barbarians, and had there- 
 fore written miny Letters about it to the Emperor Leo, would likewile have his 
 Share in fo glorious an Undertaking, in which he had alio ingag'd the Marquils of 
 'fufcany his Brother, and came with a great Body of Men and pitch'd his Camp on 
 another Part of the River. Sigonius ' believ'd, that John X. was the firft Pope 
 that had been fecn at the Head of an Army ; but he certainly was not the firft, fince 
 as we have fiid, Jobii VIII. ought not to be robb'd of that Honour, who was the 
 firft that laid afide the Keys, in order to brandifh the Sword. 
 
 THE Saracens fuftain'd this Siege for three Months, under the greateft Hard- 
 fhips ; but at laft being deftitute of all manner of Provifions, out of Defpair, fet 
 Fire to their Fortrels and burnt all they had, not fparing the Treafure which they 
 had plunder'd in different Places, and laid up here; and then in a clofe Body all 
 together, broke out with Fury, and ran to the Woods and the Tops of the Moun- 
 tains to fave themfelves ; but being purfu'd by our People, there was a terrible 
 Slaughter made of them : Thus in the Year 916, according to Lupus Protafpata '; 
 the Saracens were driven from Garigllano. But although this Province was freed 
 from that Plague, yet the Remains of them being afterwards joyn'd by another 
 Body that had come from Africa, and befieg'd Rome (which Undertaking they had 
 fhamefully given over) at laft return'd to }^\onm.Gargano mPuglia, where they built 
 a ftrong I'ortrefs, from whence they annoy 'd all that Province, and at laft went 
 and pillag'd and burnt Benevento, and put all Puglia and the neighbouring Places in 
 Confufion. 
 
 THE Damage which this Province fuffer'd from the Saracens was not enough ; 
 but the Inhabitants themlclvcs muft occafion greater ; for the Appulians and the 
 Calahrians not able to bear the heavy Yoke of the Greeks, revolted from them, and 
 o7i\e themfelves up to Landulphus Prince of Benevento, who was in hopes of reftoring 
 Bart and many Cities of P//t//(7 to his Principality, therefore he turn'd his Arms 
 againft the Greeks ; but the Appulians and Calabnans were quickly reduc'd by the 
 Greeks, who being terribly inrag'd againft Landulphus, had recourle even to the 
 
 ' Sigon. atl A. io{'3. Poft Joanncru X. Ponti- 1 * Ad An, 9z6 . 
 fcx nemo ad bellum prodicrac. ' 
 
 Afliftance
 
 Book VH. ^Zv K I N G D o M ^/ N A P L, E S. ^6l 
 
 AiTiflance of the Saracens, whom they invited out of Afric.i^ and in the Yeaf gio 
 reduc'd them in fpite of what Landnlfbns could do ; and that the City of Ban thd 
 Seat of the Governor, together with PiigUa, might be well govern'd, the Empcrof 
 fcnt a new Governor mrn A Ur file us, a' noble and valiant Captain, who with the 
 utmofl: Care, apply'd himfelf wholly to the preferving of this Province' from the 
 Attempts of L.iudiilpbus ; he went to encounter him at ^a//, where, at the firft 
 Onlet, Landiilphus was taken by the Greeks, and befides, in the Heat of the Battle 
 0//e;.'j was killed ; which fo difheartcn'd tht Greeks, that they were defeated fo 
 that this Prince not only recover'd his Liberty, but gaining a coir.pleat Vidory ' he 
 invaded Puglur, which afterwards, according to Liqms Protcfpata ', in the Year 929^ 
 in Confederacy with Gtiamenis Prince of Salerno, he forc'd to fubmit and kept 
 PofTefHon of it Seven Years. 
 
 WHEREFORE, in thcfe Times, the Succels of our Lovzohard Princes and 
 the Greek!, was various: They frequently fought againfl: one another, and once near 
 Matera the)- had a flnrp Encounter, where Jmcgalaptits the Governor was kill'd on the 
 Spot i and the Greeks fometimes lofmg, fometimes gaining, though at laft they 
 rfcover'd PugUa and Calabria from the L'Ugnlards ; yet, as Baroniv.s believ'd % the'v 
 did not rc-take that Part of Cam-pania which is wafh'd by Vultiirno; for in thele 
 Times, and afterwards, it was always pofTefs'd by the Princes of Betievento, and 
 Counts of C?/)//^, as P^//f ^/7«/.'i 3 well demonftrates. Thus it happened, that fome- 
 times our Longphard Princes were Enemies, and fometimes I'riends, Confederates 
 and Dependents of the Greek Emperors, Ronianus and Conftantine, who fucceeded 
 Leo VI. 'Tis very true, that after Pitglia and Calabria were rcftor'd to the Greeks^ 
 tlie Bounds of the Principalities of Bciievento and Galeno, were much more confin'd 
 than formerly under the Longobard Princes, when the Dukedom of Benevento was 
 fo far extended, that, as we have faid, it comprehended all that which now makes 
 the Kingdom of Naples. 
 
 PRINCE LandtUphiis reign'd together with his Brother Atemilpbus II. Twenty- 
 Two Years, to the Year 932. Afterwards this Prince was turn'd out, and having 
 retir'd to &//er;/o, was kindly received by G//i7//;;^n/j II. his Son-in-Law. However 
 Landulphus retain'd in his publick Writs his banifh'd Brother's Name ; and there- 
 fore at this Time, Gregory having fucceeded his Nephew John, in the Dukedom of 
 Naples, the Agreement made in- the Year 911, betwixt the faid Gregory and Atemil" 
 pbtis I. was recei\ ed by him, in which Agreement, Job}/ Conful and Duke, promifes 
 to Landulphus 1. and AtemUphus II. his Brother, though the laft was a Fugitive in 
 Salerno, and to Atentilphus III. Son of Landulpbus I. not to molell the Principality 
 of Betiet'ento with its Dependencies, nor the Counties of Capua and J'eano with their 
 Dependencies, nor the People of tho,e States ; but to preferve a friendly Corre- 
 fpondence with them; and a Iblid and fettled Peace was agreed upon betwixt theie 
 People, and that their Law Pleas fhould be dcddtd feemdam legem Ronuvicru7n, ant 
 Longobardorum ; and many other Articles were agreed to betwixt them, according 
 to the Tenor of the Longobard Laws ■., whence, as we have oblerv'd elfewhere, it 
 clearly appears, that from this Time amonglt thefe People, the Longobard was the 
 prevailing Law, and obferv'd indifferently. And in this Agreement, 'tis likewife 
 to be oblerv'd, that the Dukes of Naples were always fubordinate to, and dependent 
 on the Emperors of the Eaft ; for at this Time Conftantine and Komanus reigning in 
 ConftantiHcple, that by thefe Promifes and Agreements, nothing might be done in 
 Prejudice of the Soveraignty which the Emperors of the Eaft had over the Dukedom 
 of Naples, Duke Jobn adds, Hxc omnia lobts obfervabtmus, fal'va fidelitate Sanflc- 
 riim hnperatoruiii. 
 
 A'T E N U L P HUSH, dying in Salerna'in the Year 9 3 3, Landulpbus afTociated 
 Atemilpbus III. his Son, and another Landulpbus, likewilc his Son, whom we (hall 
 call Landulpbus U. in the Principality. 
 
 LAND U L P HUS the Elder died about the Year 94.3, leaving thefe two Sons 
 his Succeffors. But the Year following 944., Landulpbus \l. was left to reign alone 
 Benevcntum was never feparated from Capua, with refpect to the Adminiliration and 
 Government, being always comprehended under one Dynafty, though becaufc the 
 Seat was in Capua, they were cali'd Principes Beneventanoruni S Capuancrum *. 
 
 ' A. 919- I •* Pellegr. ad Lup. Piotofjj. num. 940. 
 
 ' Ad. A. 941. num. II. ' •* I'cllcgr jjiu. )-. ad Aiion Sakr. 
 
 PRINCE
 
 3 64 The Civil History of Book VII. 
 
 PRINCE Laiidulphus 11. in his Life-time, in the Year 959, aflbciatcd with 
 himfelf in the Principality, his two Sons, PcuidulpLus., whom OjheitfiSy and other 
 Writers, call Iron-head (whom we fhall often have occafion to mention on account 
 of his famous Exploits, and becaule the Principality of Salerno was likewife united 
 in his Perfon) and another Laiidiilpbus, whom therefore we fhall call III. whoj 
 L-^udulpbus II. dying about the Year 963, fiicceeded him in the Principality ; but 
 Landiilpbus III. having divided with his Brother, the Principality of Beneveuto fell 
 to his Share, and he fix'd his Seat in Beuevento ' ; fo that once more thefe two States 
 were ftparated ; Landiilpbus governing in Benevento, and Pandulphus Iron-head in 
 Capua. But afterwards in the Year 969, Landiilpbus III. dying, although he left a 
 Son Pandulpbus II. yet neverthelels, Paiidulpbus Iron-bead, out of a paflionate 
 Defire of Dominion, took the Principality of Benetento to himfelf, and his Son 
 Landulphus IV. excluding his Nephew Pandulpbus II. who, neverthelefs, at laft in 
 the Year 981, having driven out Landulphus IV. recovcr'd it, and tranfmitted it to 
 his Pofterity, as we fliall relate in the following Book. 
 
 I N the mean time, by the Death of Guaimarus, which fell out in the Year 933 * 
 Cifulpbus his Son, fucceeded in the Principality of Salerno. He govern'd the 
 Principality long, with alternate Fortune j and in his Time, according to Leo 
 OJlienfis ', in the Year 954, the Body of the Apoftle Mathezu was dilcovcr'd in 
 Pefio, a City of Lucania, by the Revelation of that Saint himfelf; and that Salerno 
 might not be fhort of Benevento, whither the Body of Saint Bartholomew had been 
 tranlported from Lipari, that of Saint Matbew was tranfported to Salerno. Both of 
 them came to us from moft remote Parts ; the one from the Indies, and this other 
 from Ethiopia, where he fuffcr'd Mart)rdom : From Ethiopia 'tis faid to ha\e been 
 tranlported to Britain, from thence to Pejlo in Lucania, and from thence to Salerno*. 
 We fliall likewile hear of the Body of Saint yijtdre'H' being worfhip'd in Amalpbis., 
 and that of Saint T'bomas in Ortona, and in fine, many Cities of the Kingdom value 
 themfelveson having the Bones and Reliques of almoft all the Holy Apoftles. 
 
 ' Pellegr. in Stem. 
 
 * Pellegr. in Stem. P. Salem. 
 
 ' Oftien.llb. 2. cap. f. 
 
 * V. Baron, ad A. 9/4. & Pagi. 
 
 CHAP. V. 
 
 The Ecckjiapkal Polity. 
 
 1 S not to be expected that we (liall find the Ecdefiaftical State in any 
 true Form or Regularity in thefe Times. The Church was in a moft 
 lamentable Condition, and in terrible Diforder, and in a Chaos of 
 Wickednels : Popes were excommunicated by their Succeffors, their 
 Decrees made void, and the Sacraments adminiftrtd by them annuH'd : 
 Six Popes were turn'd out by thole who wanted to fucceed them, 
 and Two even murthered. Theodora, a famous Roman Curtelan, by the Fadlion flie 
 had in Rome, made one of her common Bullies Pope, who call'd himlclf John X. 
 At Twenty Years of Age, John XI. who was the baftard Son of Vope Scrgius, 
 who died Eighteen Years before, was likewife made Pope. Vope Stephen VIU. was 
 fo branded in the Face with Marks of Infamy, by order of Alleri^us, that he never 
 any more fhcw'd himlelf in Publick. The Popes were no more eleded by the 
 Clergy ; but the See of Rome was become a Prey to Covetoulhefs and Ambition. 
 In fiiie, fuch and fo great Diforders and Inconveniencies Vvere hatched in theie 
 
 Times,
 
 Book VII. the Kingdom of NAP L E S. ■>6^ 
 
 Times, that all Hiftorians agree, that thefe were not Popes, but Monflers ; and 
 Cardinal B-ti'onius wtIks, that tiie Church was in thefe Times without a Pope but 
 however not without a Head, Cbnjl her Spiritual Plead remaining in hleaven who 
 does not fori'ake her. 
 
 EVERY Body may judge how the other Churches of Italy ^ and of thefe our 
 Provini-es were manag'd, by confidering what the State of the Members could bq 
 when the Head wasfo much indiipos'd. In Capua Landtiipbus was both Bifhop and 
 Count of that City at the fame Time ; in Naples Atbanafiiis was both Bifhop and 
 Duke, and headed Armies, made Leagues with the very S(,irace>is againft the Pope 
 and other Chriftian Princes, and deftroy'd thefe our Provinces. Neither were thefe 
 Matters better manag'd owt oi Italy ; the great Men gave Bifhopricks to their Sol- 
 diers, and alfo to Children under Age : Count Eribertus Uncle of Iliizb Capet 
 made his Son of five Years old Archbifhop o£ KLeiins, and Pope JobiiX. confirm'd 
 that Eledion. 
 
 NOTWITHSTANDING all this, towards the End of this ninth Century, 
 and in the Beginning of the Tenth, there were Canons eftablifl/d in feveral Synods 
 in order to put a Stop to lo great Rcmiffnefs of Difcipline ^ but all to no purpofe, 
 they had no Efteft for want of being put in due Execution Some Bifhops however, 
 and likewife fome private Men made a Colledion of thefe Canons ^ but almoft all of 
 them beftow'd their Labours on Books of Penance ^ there came out the Penance- 
 Book of Tbeodorus oi Alttz^arius^ and of a great many more '. There were bcfides 
 fome other Colleftions of Canons, fuch as that of Jarlaiidus Crifopolitanus^ intitled 
 Candela ; that of IJ'acctis, furnamed tbe Gocd^ Bifhop of Lang; cs ^ another of Erar- 
 dus Bifhop of T'ours ; and one of Halter Bifhop of Orleans j but above all thefe 
 Colleftions, that of Keq^iuon Abbot of Prom, made in the Year 906, by Order of 
 RMtbodus Archbifhop of ?r/rA-j, was the mofl univerfal, which comprehended all the 
 Ecclefiaflical Law, and was the mofl Methodical that appear'd in thefe Times "^ j 
 therefore Burcardus, Ivo of Cbartres, and other Compilers of Canons after them, 
 have made ufe of it, and have in a manner tranfcrib'd it in their Colledtions. 
 
 BUT notwithflanding the fb great RemifTnels in the Ecclefiaflical State with 
 regard to Difcipline and Spiritual Matters, yet for all that, the inlarging of Jurif^ 
 diftion, and the Increafe of Temporal Riches were not in the Icafl negledted. The 
 Popes m.ade ufe of their Authority not only over the Laicks by Cenfure and Dif^ 
 penfations, but likewife over the Metropolitans and Bifhops ; they made new Regu- 
 lations by fiipprcfling the Rights and Prerogatives of the Metropolitans and Bifhops, 
 and they likewife claim'd the Diredtion of all Ecclefiaftical Affairs within their 
 Provinces and Dioceffes. 
 
 RECOURSE was often had to Ro;iie in thofe Days, not out of Devotion, but 
 in order to obtain Difpenfitions in every cafe, and the Apoflolical Difpenfations 
 were made a Cloak to cover Avarice and Ambition ^ the Prohibition eftablifh'd by 
 the Canons in fb many Councils, ferv'd only to oblige a great many People to run 
 to Rome in order to obtain Difjjenfations ; the forbidden Degrees in xMatrimony 
 were therefore extended to the fourth Degree ; and the Spiritual Affinity betwixt 
 the Godfather and Godmother, and their Sons and Daughters was introduc'd, which 
 was alfb extended to Degrees more remote. But the Popes being fuch as we have 
 above defcrib'd, difpens'd with every Thing, tho' againll the Canons, and the 
 Ecclefiaflical Cuftoms, making no Diftinftion betwis.t what they could, and what 
 they could not do, looking upon every Thing that W'ls brought before them by 
 thofe who had rccourfe to them, as an Augmentation of their Grandeur ^ if thofe 
 that applied to them were Rich and Great, for tlicir own Advantage they 
 prohibited what was defir'd of them j the People partly by their own Simplicity, 
 partly ftanding in awe of thofe in Power, approv'd of what they could not prevent : 
 So that it became an eflablifh'd Opinion, that no fboner any 1 hing whatfoever was 
 confirm'd by the Pope, than all by-paft Crimes were blotted out. 
 
 MANY would be apt to believe, that the little Concern the Ecclefiaflical Order had 
 for Spiritual Matters, and the Loofenefs of Difcipline would have cool'd the ardent Zeal 
 of the Laicks in making Donations to the Churches and Monaflerics, and put an End to 
 the new Acquifitions of the Ecclefiaflicks ; yet it was not fo, bccaufe by how much 
 more the Care for Spiritual xMatters was diminifh'd in the Prelates, fb much the more 
 
 ' V. Struv. fiifl. Jur. Can. § 14. * Baluz. Prifat. ad Anton. Auguft. de emcndat. §. 17. 
 
 J C were
 
 ^66 The Civil History of Book VH- 
 
 were they intent on preferving Temporal Riches ; and they had converted tlic 
 Spiritual Arms of Excommunication, whicli were formerly only made u(e of for the 
 CoiTcdion of Sinners, to tlie Defence of their Temporal PonefTioitS, and likewiie to the 
 Recovery of them, if by chance they had been loft through the Negligence of their 
 Prcdeceflbrs. There was not a Council held in this Age, in which, among other 
 Thin^.>, there were not Excommunications fulminated againft thole that had taken 
 poHlirion of the Goods of the Church, or that had alienated them. The 1 error 
 which the Church Cenfurcs (truck in the People in thofe Days, wr^s fo great, that they 
 v.xre afraid of nothing fo much- audit was a wonderful '1 hing, that the Officers 
 and Soldiers, otherwilc moll wicked, and without the Fear of God, who robb'd 
 what belong'd to others without any Regard to the offending the Divine Majefty, took 
 crreat care in preferving the Goods of the Church intire, for fear of Excommunica- 
 tion. Whence it was, that many of fmall Sul^ftance, being defirous to fecure what 
 thev had from Violence, made Donations of it to the Church, on Condition that 
 they fhould hold it of her in Fief for a Imall Acknowledgment. This fecur'd the 
 PollelTions from being toiich'd by thofe in Power, as fuch of which the Church had 
 the diredt Dominion ; afterwards the Male-Line of the Feudatories filling, which 
 often fell out by reafon of the frequent Wars, and popular Seditions, the Eftates fell 
 to the Church : Whence arofe the Diftindions betwixt Fev.dum datum, & Fetidnm 
 oblntv.m, of which Stru'vius ' , I'boniafuis and ^r/zz/j "^ have fully treated. Whence 
 comes the Origin of our Papal In-veftiture, of which we (hall treat in its Place ; and 
 whence in fine was introduc'd the Cuftom of having recourfe not only to the Em- 
 perors and Princes, but alfo to the Popes, that by the means of their Prxcepta, other- 
 wife calfd Mundibiirda, the Poffeflions put under their Proteftion and Cuftody 
 might be protedled, by threatning the Invaders and Difturbers of them with terri- 
 ble Anathema's, by condemning their Souls in company with that of the Traytor 
 "Judas, to eternal Punifhment in the cvcrlafling Fire of the Bottomlels Pit, amongft 
 the blacked and moft hideous Devils in Hell ; they made ufe of this and fuch moft 
 frightful and horrible fet Forms, for this very Purpofe. 
 
 I N thefe Times the Political and Temporal State of thele our Provinces was 
 jnvolv'd in as great Confufion and Difbrder as the Ecclefiaftical, infomuch that our 
 Italians and the Popes themfelves, not longer able to bear fb many Calamities and 
 Miferies, refolv'd at lafl to have recourfe to Otho King oi Germany for Affiftance, 
 whofe Reign, as well as thofe of the other Othoh his SuccelTors, fliall be related in 
 the following Book, 
 
 ' V. Struv. hifl. Jur. Feud. cap. 8. §. 6. ^ Tlio. Hert. de Feudis oblatis. 
 
 THE
 
 C 567] 
 
 THE 
 
 CIVIL HISTORY 
 
 N 
 
 Of the Kingdom of 
 
 P L E S. 
 
 BOOK VIII. 
 
 H I L S T Italy was groaning under the Tyrannies of the laft 
 Bereiigarius and yldclbertus his Son, the Italians being 
 reduc'd to the utnioft Miftry, refoiv'd to have recourfe to 
 the AfliftaHfC ofOt/jo Son oi Henry King oi Germany, who 
 having fubdu'd the Saxons and the Sclavonians, by his 
 glorious Exploits had acquir'd no leis Fame than Charles 
 the Great, and had made himfelf illulirious and renown'd 
 over all Europe. Adelaide the Widow o( Lotbairc join'd in 
 the Invitation, who pofltfiing the City of Pavia, which 
 had been afHgn'd to her as her Dowry by her Husband 
 Lothaire ', and being as yet young and of a graceful Behaviour, was fought in 
 Marriage by Berengarius for his Son Adelbertus ; but bccaufe fhe would not confent 
 to the xMarriage, Berengarius befieg'd her in Pai'ia, took her and fent her Prifoner 
 to the Caftle of Garda ; flie found Means to make lier Efcape, and begg'd the 
 Afliftance of King Otbo, offering to marry him, and yield to him her Right to the 
 Kingdom of Italy. Porpbyrcgenttus % Luitprandiis ^, and others have taken Adelaide 
 to be the Daughter of Berta z.nA Rodolpbus King oi Burgundy ; but Leo Ofiieufis * 
 fays, (he was defcendcd from a noble Family in Tufcany, and our Anonymous Saler- 
 nitan ' makes her to be Sifter to Gifnlphus Prince of Salerno : however that may be, 
 Otbo, who was not ignorant of her virtuous Life and Converfation, came quickly 
 to her Afliftance, and arriving in Italy with a powerful Army, relicv'd her from 
 
 ' Putcan. lib. 4. Ab. Je Noce in Chron. 
 Oftienl". lib. i. cap. 61. 
 
 '■ Porph. lib. 6. de Admin. Imp. cap if>. 
 
 ^ LuitpranJ lib. 4. c.ip. 6. 
 
 * Oftienl', lib. i. cap. 61. 
 
 ' Anon. Saltin. par .7. num. 2. 
 
 th,
 
 368 ^'/S;^ C I V I L H 1 s T o R Y of Book VIH. 
 
 the OppreOion of Berengarius, and being taken with her Beauty and agreeable 
 Manners, married her, and carried her along witli him to Germany, leaving Conrade 
 Duke of Lorraine to profecute the War againft Berengaruts and his Son, who were 
 forc'd to go to Otho in Germany, and fuhmit themfelves to his V\ ill ' ; Otbo having 
 taken their Oaths and Homage, reftor'd them to their Dominions, excepting to the 
 Veronefc and Frittlt, which he gave to his Brother Henry Duke oi Ba-varia. But no 
 fooner were Berengarius and Adclbertiis reftor'd to their Dominions, than they began 
 to plot againft Otbn, and to abufe h'.s Subjcds ; they afflided Italy with uncommon 
 Oppreflions, and us'd the Pope, and all the other Biftiops and Lords oi Italy very 
 ill. Therefore they made their Complaints to Otho, and begg'd his Protedion, 
 inviting him to return to Italy in order to drive out thefe Tyrants. The Pope and 
 the Romans ofFer'd him the Kingdom and the Imperial Crown ; Valpertus Arch- 
 biftiop of Milan likewife offer'd to crown and anoint him King of Italy, for which 
 end they fent him a magnificent Ernbafly. 
 
 01" HO being aflur'dof the cordial Affedions of all xhc Italians, was unwilling to 
 let flip fb fair an Opportunity, and having held a Dyet in H amis, made his Son 
 Otbo II. to be crown'd King of Germany in Aix la Cbapelle, when he was but feven 
 Years of Age i and having iettled the Affairs of Germany, aflembled a numerous 
 Army, with which he march'd through Bavaria, and, by the Way of 'Trent, toge- 
 gether with his Wife Adelaide, he arriv'd in Italy. He was receiv'd by the Italians 
 with univerfal Acclamations ; and tho' Ao.elberttis had endeavour'd to oppofe him 
 with confiderable Forces, yet being deferted by his Men, he gave over the Enter- 
 prize, and flying, made his Efcape to the Ifland of Corfica ' In the mean time 
 Otbo enter'd Panjia without any Oppofition, and oblig'd Berengarius with his Wife and 
 Family to fly ; from thence he went to M'lan, where he was receiv'd with great 
 Rejoicings by all the Inhabitants. The Archbifliop Valpertus, remcmlring his 
 Promife, call'd a Council of Bifhops, and in the Sight of all the City, Berengarius 
 and Adelhertus were depriv'd of the Kingdom, and Otho was proclaim'd King of 
 Italy ; then they conduded him to the Church of St. Ambrofe in great Pomp and 
 folemn Ceremony, and with the Confent of all the People, the Archbifhop anointed 
 him, and fet the Iron Crown upon his Head : Thus Otbo, whom we fliall now call 
 King ofGermany and Italy, having this Year 961, with fo much Succefs acquir'd lb 
 great a Kingdom, with folemn Oaths promis'd that he would defend Italy with all 
 his Might againft the Invafion of any I'yrant whatfbever. From thence having 
 return'd to Paina, the Year following 962, together with Archbifhop Valpertus, he 
 went to Kome with a gallant Army, in order to receive the Imperial Crown from 
 the Hands of the Pope ; he likewife carried Adelaide with him, and was receiv'd 
 by the Romans .with no left Acclamations and Rejoicings, than Charles the Great 
 •was when he enter'd that City. The Rejoicings, Concourfe, and ardent Defire of 
 the People were the fame at his being proclaim'd Emperor of the Weft ; fo likewife 
 the Iblemn Ceremonies which Pope John XII. pradis'd on this Occafion, were no 
 ways different from thofc made ule of by Leo at the Coronation of Charles the Great ; 
 Otbo together with John went to the Church of the Vatican^ where every Thing 
 proper for fo auguft a Ceremony being ready prepar'd, he was prelented by 
 Archbiftiop Valpertus to the Pope, w ho anointed him, and put the Imperial Crown 
 upon his Head, whilft all the People cry'd out, Profperity and Viiiory to Otho 
 Auguftus, Roman Emperor ^ ; afterwards having fblemnly fworn to defend Italy 
 againft the Attempts of Berengarius, and whoever fliould offer to difturb it, he 
 return'd to Pavia. Signnius relates, that Otbo alfo caus'd to be reftor'd to the Pope 
 Ibme Lands belonging to the Church, which in the late Revolutions in Italy had 
 been taken from her ; and lays, that Otho HI. likewiic confirm'd the Donations that 
 had been made by Charles the Great and Leiais the Ptous to the Church of Rome ; 
 fo that Chtoccarellt '' was in the Wrong, in attributing this Charter of Confirmation 
 to Otho I. and not to III. as Sigcnius did. 
 
 I N this manner was the Empire transferr'd from the Italians to the Germans, of 
 which the Popes will have themfelves reputed the Authors, juft lb as they pretended 
 to be with rclped to Charles the Great '. Thus the Empire of the VVeft having 
 formerly gone from the French to the Italians, was afterwards transferr'd to the 
 
 ' Frifingens, lib. I. cap. 19. 1 lib. 6. cap. 6- 
 
 * Anon. Salern. par. 7. num. i. \ * Chioc in Judic. torn. i. Reg. Jurif. 
 
 ' Anon. Salern. par. 7. num. i. Luirprand. I ' V. Du Pin, de Antiq.Eccl. dilc- Difl*. ult. 
 
 Germans
 
 Book VIII. /^^ K I N G D o M 0/ N A P L E S. 369 
 
 Germans in the Perfbn of Otbo^ who held it by Right of Conqueft, and by the free 
 Eledionofan opprefs'd People, who at that Time could find no other Protedor 
 to deliver them from the Tyranny of Bereugariiis. Otho by our Writers ' is com- 
 monly faid to be the firft German Emperor, altho' Arnolphus, as we have faid was 
 fuch before him ; becaufe lay they, the Empire was adjudg'd to 0?/;o and all his 
 Succeflbrs for ever, by Pope Leo VIII. in the Year 964, with the Confent of all the 
 Romans i and the Ro}7ian Empire was united to the German Kingdom bv an indif- 
 foluble Knot % which cannot be faid of y^rnolpbiis, who at that Revolution of 
 Affairs, in the midft of fo many Fadtions, was elected Emperor more by Party- 
 Intrigue, than a free and univerfal Confent. 
 
 ' Frillng. lib. 6. c 17. &: 24. Radevic lib. i. c. 6. * V- Struv- hift.Jur. Pub. cap. ult. §. z. 
 
 CHAP. I. 
 
 Otho Ye-epablifies the Kingdom of Italy : His Expeditions againjh 
 the Greeks, and the Ad'uancement of the County of Capua to a 
 'Principality. 
 
 'tHO being fettled in the Kingdom of /w/y, in Imitation of C/'-^r/^j- 
 the Great, turn'd all his Thoughts on re-eftablifhing it with better 
 Laws and Inftitutes, after fo many Revolutions : Many of his Laws 
 for thefe Ends are ftill extant, and Guldafttis ' coUedcd an intire 
 Volume of them, by which not only the German Kingdom, but alio 
 the Italian was refettled. Not that Otho's Laws concerning Fiefs 
 were more clear and exprefs than thofe of Charles the Great, as the Abbot of Noce ^ 
 from the Authority of Sigonius believ'd ; for the firft Maker of the Feudal Laws was 
 Conrade the Salick, as we fliall relate. But Otho acquir'd much greater Authority 
 over thefe our Provinces, than Charles the Great himfelf, and the Sovereignty which 
 he exercis'd in them was much greater than his. Our Lo?;^oWrf Princes, fuch as 
 the Princes of Benevento and Salerno, and the Count of Capua, were not in a Con- 
 dition to oppofe his Dominion, as Arechis and Grnnoaldtts did that of Charles and 
 Pepin his Son ; on the contrary, they declar'd themfelves his Vaffals and Feudatories, 
 by fubjcding their States to him, and by acknowledging him King of Italy, with 
 the very fame Authority that tiieir PredecefTors had own'd in the ancient Longobard 
 Kings, and in order to gain his Favour and Protedion, each of them ftrove who 
 Ihould out-do one another in Obfequioufnels and Relpeft to him. 
 
 I N thefe Times, as we have faid, Pandiilpbiis Iron-Head, together with his Bro- 
 ther Landiilphus III. govern'd the Principality of Benevento, and the County of 
 Capua, who no fboner were appriz'd that Otho, with Adelaide his Wife, was on his 
 way to Capua, in order to make fure of the Fidelity of thefe Princes, and of Giful- 
 pbus in particular (who tho', as the Anonymous Salernitan believ'd, he was his 
 Brother- in- Law, yet was fufpedled to have a Dependance upon the Greeks, from 
 whom he had got the Honour of Patriciate) than they went out to meet them with 
 a great Retinue, and condudcd them to Capua, the PJace of their Refidence, 
 
 Gndald. Conft. Imp. torn, uno, pag. 21J. 1 ^ Ab. dcNoccin not. aJ Chron. Ofticn. lib. 
 Seqq. torn. 3. pag. ;jo3. Seqq. 1 i . cap. ult. in fine. 
 
 5 D 
 
 w 
 
 here
 
 3 70 The Civil History of Book VHf. 
 
 where they entertain'd this Prince honourably, and with great Magnificence '. 
 They rcmain'd here during the Year 963, in which Time they Cent an EmbafTy to 
 Prince Gifii/phiis in SalcDio, with many Gifts, inviting him to come to Capm to fee 
 his Sifter. Gifiilphiis, tho' jealous of Ibme finiftcr Defign, atlaft with his Attendants 
 fet out for that City, and being met by Pandvlpbus and Laudiilpbtis^ they prelented 
 him to the Emperor Otbo, who with much Gladncfs role fi-om his Throne, and ftept 
 down to meet him, and having embrac'd one another, they kifs'd each other with 
 many Tokens of Aflfedtion. The Emprels jidelaide (if we may credit the Anony- 
 mous S.Ueni'.taii) leeing her Brother, run to embrace him, and grafping him about 
 the Neck, kifs'd him many times, reproaching him for not coming to lee his Sifter 
 without being invited : Gijiilphus^ after fuch kind Embraces of his Sifter and 
 his Brother-ni-Taw, to his great Contentment, and that of his Retinue, return'd 
 to Salerno. 
 
 1 T was at this Time, that Pandulphns Iron-Head being in great Favour with 
 0/Z'o, obtain'd by Imperial Authority, that the County of Capua fhould be ad- 
 vanc'd to a Principality, and that he fhould be call'd Prince o£ Capua, as thole who 
 llicceeded him in Capita were j and from this Time, not from that oi Atemilpbus I. 
 the Rile of the Princes oi Capua muft be dated, as Pelle^rinus demonftrates. To 
 which Honour, fucceeded afterwards in the Year 988, that o( Capua's being likewife 
 advanc'd to be a Metropolis ; and that John Brother to Laiidulphus, from being 
 Bifhop of that City was rais'd to be Archbilhop by Jobn XIII. as we Ihall more at 
 length relate when we come to treat of the Ecclefiaftical Polity of this Age. 
 
 THUS did our Princes acknowledge for Sovereign the Emperor Otho as King 
 of Italy, who by Virtue of the fame Right undertook to drive the Greeks out of 
 Pugl'.a and Calabria, which Provinces they poflels'd, and likewile to reduce the 
 Dukedom of Naples under his Dominion. 
 
 IN this Year 964, Nicepborus Phocas fucceeded to the Empire of the Eaft, who 
 taking it ill that Otho fhould have acquir'd iJo great Authority in Italy, and that he 
 had relblv'd to drive the Greeks from Puglta and Calabria, had provided thefe 
 Provinces with good Garrifons. Their Cities were govern'd by Stratici, a Sort of 
 Magiftrates that had continu'd long there, down to the Catapaiii ; and he had con- 
 vcn'd the ftrongeft Body of his Troops in Bari the Metropolis of Puglia : He took 
 it no lefs amifs, that he had no other Title given him but that of Emperor of the 
 Greeks, and that Otho fhould alTume that of Emperor of the Romans. 
 
 BUT Luitprandus Bifhop of Cremona, a Creature of Otho's, advis'd him, that 
 before he enter'd into a War with Nicepborus, he fhould try if by a near Alliance 
 he could obtain of him, what would be uncertain to be got by a doubtful and cruel 
 War ; for which end, he thought the readieft and moft effedlual Way was, if Nice- 
 pborus would give the Princefs Anna, or I'heophania, in Marriage to Otho his Son, and 
 for a Portion yield the two Provinces of Puglia and Calabria. This Princefs was the 
 Daughter of the Emperor Romauus Argirus, and the Emprefs T'beophafiia, who by 
 an execrable Paracide had poifon'd Argirus, that fhe might marry Nicepborus. It was 
 at this Time that Otho fent to Conftantinople a magnificent EmbafTy to Nicepborus^ 
 and pitch'd upon the famous Luitprandus Bifhop of Cremona, for AmbafTador to go 
 and demand that Princefs ; this Bilhop became famous no lefs for his many Works 
 which he has left us, than for this EmbafTy. 
 
 NEVERTHELESS this EmbafTy of Luitprandus did not take EfFed, for 
 Nicepborus not being able to conceal from him the Malice that was lurking in his 
 Breaft againft Otho, treated him Icurvily, and after having made him ftay four 
 Months to no purpole in Conjiantinople, difmifs'd him without coming to any 
 Conclufion. 
 
 I N the mean time, Otho flattering himfclf that his Defign would take Effedt, 
 had recall'd his Son Otho to him, who remaining with his Father in Rome, was in 
 this Year 968, affociated in the Empire, and anointed and crown'd with the Imperial 
 Crown by the Pope. And Nicepborus at the fame time, in order to deceive Otho 
 the more, and to bring his Defign about, before he difmifs'd Luitprandus, lent 
 Ambafladors to him, offering him his Alliance, and to fend the Princefs I'heophania 
 to Calabria ; and therefore he might fend his People as foon as poflible thither 
 to receive her. 
 
 " Anon. Salern. pag. 7. num. 2. 
 
 O^HQ
 
 Book VIII. the Kingdom of \A A P LES. 371 
 
 01" HO not being fufficiently acquainted with the GreekVakh^ believ'd him, 
 and likewile acquainted the Dukes oi Saxony with it, giving them Hopes, that ina fhort 
 Time he would recover Pu^Ua and Calabria ; and that liis Son Ot'bt bein ■ married 
 would return to Germany^ therefore he lent his People immediatelv for that purpoie ; 
 but they had no fooncr arriv'd than they were catch'd unawares in an Ambufh 
 which Nicepboms had caus'd to be laid for them ; many were kill'd, and the reft 
 made Prifoners, and carried to Couftivitimple. 
 
 UPON which, Otbo^ detefting the Greeks, and bitterly inrag'd, invaded and laid 
 wafte the Borders of Calabria, and turn'd that Province topi) -turvy. At this 
 Jundlure our Longobard Princes join'd him, who as Feudatories were oblig'd to 
 follow him in his Wars ; and Pandulphus Iron-Head went likewile to Calabria againft 
 the Greeks, and the Saracens, who had been call'd by the Greeks to their AlTiftance ; 
 and Gtftilpbus Prince of Salerno, tho' his Fidelity was fufpected, on account of the 
 Attachment he had for the Greeks, yet on this Occafion (having a little before put 
 himlelf under the Protedion of OtboJ Ihew'd himfelf willing to aflift in this 
 Expedition. 
 
 THUS did an obftinate War againft the Greeks and Saracens begin ; and whilft 
 Pandulphus was in Calabria with Otbo^ he was advis'd of the Death of Prince Lan- 
 diilphus his Brother. He had held the Principality of Bene-vento eight Years ; and 
 tho' he had left Pandulpbus his Son, neverchclels Pandulphus the Brother no fboner 
 heard of his Death, than he went to Beiievejito, leaving the Emperor in Calabria ; 
 and having excluded his Nephew, he advanc'd his own Son Landulphus to be 
 Prince, who was therefore call'd Landulphus IV. '. 
 
 FROM thence Otbo return'd to Kavenna, and in the Year 969, Pandulphus, 
 with a Reinforcement lent him by Otho, and fome young Bencventav.s and Capuaus, 
 invaded Puglia, and encamp'd with his Army near Bovino. But the Greeks making 
 a furious Salley from the City, engag'd him, and after a doubtful Battle, at laft Pan- 
 dulphus was beaten and made Prifoner by the Greeks, commanded by Ettgenius a Patri- 
 cian, and Lieutenant of the Province, who immediately fent him Priloner to Conflan- 
 tinople. In the mean time Gifulphus Prince o£ Salerno was on his march to reinforce 
 Pandulphus, but being too late, whether by any Oppofition on his March, or that 
 he march'd llowly, purely out of conceal'd Malice, he quickly return'd to Salerno. 
 
 THE Greeks, flufh'd with this Vidlory, invaded the Borders of Benevento, took 
 Avelltno, and advanc'd towards Capua ; and plundering all the Country, befieg'd 
 the City itfelf, which for forty Days they kept clolely block'd up. 
 
 NOW that the Neapolitans faw the Greeks goon profperoufly, they join'd Euge- 
 tiius near Capua. At this Time Marinus was Duke of Naples, the Knowledge of 
 which we owe to the Anonymous Salernitan, for there is no Memory of the Dukes 
 c( Naples in thele Times after John in the other Hiftorians; and that Charter men- 
 tion'd by Sumniontes, believ'd by the new Hiftorian Jannettafius, the Tranflator of 
 Summontes, to be genuine, wherein there's mention made of Duke Oligamus Stella, 
 whom Jannettafius makes to be the Succelfor of John, and of Ginellus Capece, Bal- 
 dajfare Joannes, and Sarrus Brancaccius Confuls, is an arrant Forgery, both becaule 
 Surnames were not as yet in ule, and becaule Capaccius "■ and others teftify that it 
 was never found amongft the Writings of the Monks of St. Sebajiian, where it was 
 fuppos'd to be prelerv'd : So that our Pellegrinus ' is in the Right when he lays, that 
 we are not to expert an uninterrupted Series of the Dukes of Naples, as of Amal- 
 pbis ; neither can we be afTifted in the Matter by any old Charters dated in Naples, 
 becaufe they exprefs nothing but the Names and 'limes of the Greek Emperors, to 
 whofc Dominion that Dukedom was fubjedt. 
 
 MAKINUS with ]ri\s Neapolitans inverted Capua, where he did nothing but 
 burn and plunder the Country about; Eu^enius leeing that they were, trifling away 
 their Time to no purpofe, and afraid of Otho, it being rumour'd about that he was 
 on his march with a vaft Army of Germans, Saxons and Spoletians, towards Capua, 
 in order to relieve it, that he might not be catch'd napping, rais'd the Siege, and 
 march'd to Salerno, where he was receiv'd by Gifulphus, and Iplcndidly regal'd 
 while he remain'd there, which confirm'd the Jealoufy that was entcrtain'd of him, 
 that he had ftill been in the Intcreft of the Greeks, and had only fcignedly appcar'd 
 
 ■ Anon. Salern. p. 7. > 5 Pellcgr. iiiTumul. Boni Conful. 
 
 * Capac. Foraft. • 
 
 to
 
 ^7 2 The Civil History of Book VIII. 
 
 to be in that of Or/'o, and therefore had been fo flow in fending Afliftance to 
 Pandiilpliis. Eiigenius after having continu'd feme Days in Salerno^ return'd to 
 Pv.glia ' : Not many Days after, tlie vaft Army of Otbo arri\ ed at C^/)/w, ard not 
 finding the Greeks there,' they began to overTnm and lay Wafte, all the Neapolitan 
 Territories, and being joyn'd'by the Capuans, laid clofe Siege to the City of Naples. 
 But not being able to take it, they return'd back, and befieg'd Arelltuo, which 
 a little before had furrendred to the Greeks, who were now in Poffeflion of it ; but 
 it was cafily reco\xr'd by the Bene-veutans, from whence they march'd to Bene-xcnto^ 
 with a Dcfign to ad\ ance into Ptiglia, to drive the Greeks out of that Pro\'ince, where 
 they had alfembltd all their Troops, and had fortified themlelves in Ban with a 
 llrong Garrifon. 
 
 \\]1 ou^ht not in this Place to pafs over in Silence, that which we fhall difcourfe 
 of at more length, when we come afterwards to treat of the Ecclefiaftical Polity, 
 that Qthos Army having halted in Benevento this Year 969, before he would un- 
 dertake fo doubtful an Expedition, and advance with the Arm of Flefh, he thought 
 fit to begin, as it became him, by having recourfe to the Afliftance of Heaven. 
 Hitherto the Church of Beuenjcuto had been govern'dby Bifliops ; but now John XIII. 
 out of re<Tard to Otho, and the Princes Paiidulpbt'.s and Landulphus, as the Year 
 before he had rais'd Capua to be a Metropolis, would do the fame to Benevento, 
 therefore he rais'd it to a Metropolis, and aflRgn'd it many Churches for Suffragans, 
 and the firft Archbifliop that he appointed was Lanchdphus, in this Year 969, to 
 whom he granted the Ufe of the Pallium^ and confirm'd to him the Sipontlne and 
 Garganisan Churches. Whilft then Otbo's Army was making ready for this Ex- 
 pedition, the Archbifliop Landiilpbiis, with holy Ceremony, folemnly celebrated 
 Mafs, which was heard by all, and after that was over they all receiv'd the Body 
 and Blood of our Lord Jefus Chrift, from the Hands of the faid Archbifliop ; and 
 gettinfT his Benediftion, they began their March joyfully towards Ptiglia '. Whence 
 'tis to be obferv'd that in thefe Times in our Provinces, and in Italy, the Commu- 
 nion under both Kinds was continued, and the Participation, as well of the Blood 
 as of the Body was allow'd, neither was the Cup taken away till much later 1 imes. 
 
 T H E Army of Otbo, which confifted of Bencventans, Germans, Saxons and 
 Spoletians, arriving at ylfcoli, was met by Abdila a Patrician, who, with a good 
 Body of Greeks, pretended to attack him, for Eiigenius, by reafon of his Cruelty, 
 had been made Prifoner by his own Men, and fent to Conjiantinople. There was 
 a ftiarp Ingagement near Ufcoli, and at laft the Greeks were defeated, and the 
 Beneventans, after having made a great Booty, return'd in Triumph to A'vellino '. 
 
 1 N the mean time, Otho march'd with his Army towards Naples, and carried off 
 all the Cattle in the Neighbourhood, and as he was returning, was met by Aloara, 
 the Wife of Prince Pandtilphiis, with her Son all in Tears, who requefted him to 
 relieve her Husband, whom Niccphcrus treated cruelly in a dark Prilbn in Con- 
 jiantinople •*. Otho immediately return'd to Piiglia, where he made terrible Havock, 
 laid clofe Siege to Bovino, and burnt many Places in the Neighbourhood ; but 
 whilft thefe things pafs'd in Piiglia, Nieepboriis this Year 970, fuffer'd a violent 
 Death ; for I'beopbanta his Wife, to^txhtr ^N\\h Joannes Ztnufceus, caus'd him to be 
 cruelly murder'd ; and the fame Year Zimifceus was elected Emperor of the Eaft : 
 W ho undoing what his Predeceflbr had done, immediately let Pandulphus at liberty, 
 fent him to Piiglia, and recommended him to Otho, intreating he would reftore him 
 to his Dominions. Znnifcet'.s, in order to gain OrZ'o's Friendfliip, lent him I'beopha- 
 nia (whom Ntcephorus had refiis'd him) to be married to his Son Otho ; flic was 
 condu6ted to Rome, where with great Splendor, flie was married to Otho, and pro- 
 claim'd Emprels '. Pandulphus being arrived at Bari, was immediately lent for by 
 Otho, who receiv'd him very gracioufly, and reftor'd him to his Dominions and 
 former Dignity ; Whereupon Pandulphus, in order to gratify Zimifceus for his 
 Liberty, uled his Intereft lb much with Otho, that he made him give over his Un- 
 dertaking ; lb that a Peace enfuing, Otho defifted from invading Puglta and Calabria, 
 and therefore thefe Provinces were never conquer 'd by Otbo, as many W riters have 
 
 ' Anon. Salcrn part 2. 
 
 '■ Anon. Salerii. part 7. num. f. Mifl^amque 
 ab Arcliieiiilcopo Landulpho audicrunr, & Cor- 
 poris & Si.inijuinis Domini Nollri Jelu Clulfti 
 participiti Tunc, lie fie acccpta beuediftioiic a 
 
 pridifto SanQinimo Pontifice, Apuliam yene- 
 runt. 
 
 * Anon. Salern. loc. cit. 
 
 "* Anon. Salcrn. part 7. num. 66. 
 
 ' Sigon- A. S7Z. 
 
 believ'd.
 
 Book VIII. ?Z;^ Kingdom 0/ N A P L E S. 375 
 
 believ'd, contrary to what the anonymous Cotemporary Writer relates. Otbo fet 
 out for France, and never return'd more to thefe Provinces ; for in the Year 973 he 
 died, after having acquir'd, by his wonderful Exploits, the Surname of Creat^ and 
 may juftly be compar'd with Charles the Great. 
 
 CHAP. II. 
 
 Otho fucceeds his Father, ^ijlurbances in the ^rinctpality of 
 Salerno, to isohkh at Jajl ?2iVidiu\^\\\xs fucceeds. 
 
 ^»^-;^ 
 
 .«►.«?« FT ER the Death of Otho the Great, Otbo TI. his Son, who during 
 
 his Father's Life-time, had been aflbciated in the Empire, began to 
 
 ^[aI^ govern the Kingdom of Italy alone, and exercife all that Sovereignty 
 Cr4^|>,^ ^here, that his Father had acquir'd, which, by rcafon of the Qiiarrels 
 S^^iiWin amongft our Lon^obard Princes, became very great in thefe Provinces, 
 for whilft Pandulphus Iron-bead, who had return'd to Capua, together 
 with Landulpbiis his Son in Bene've7ito, govern'd thefe two Principalities, there 
 happen'd fuch ftrange Revolutions and Convulfions in Salerno, as turned all that 
 Principality topfy-turvy. The Origine of thefe Mifchiefs, was the too great 
 Confidence that Gifulphus had in his Relations, whom he had recall'd from Banifh- 
 ment, and rais'd to that Height, that by unparallel'd Ingratitude, they prov'd the 
 Ruin of his Dominions. 
 
 AT ENULP HUSn. who, as we have faid, being driven out of Capua, 
 had retir'd to Salerno, under the Protedion of Guaimarus II. his Son-in-Law, left 
 many Children, who being Exiles as well as the Father, for a long time went 
 wandering up and down. One of them nam'd Landtdphus, at firft retir'd to Saler- 
 no with his Father, and went afterwards to live in Naples ; but thereafter by the 
 Intercedion of Gaidelgrma his Sifter, who was Wife of Guaimarus II. and Mother 
 of Gifulphus I. he was invited back to Salerno by this Prince his Nephew, in order 
 to pleafe his Mother. Gifulphus, befides his having receiv'd him very affedionately, 
 likewife gave him the County of Confa ; but becaufe he was a very cruel and in- 
 tolerable Man, the Confans, not being able to bear him, drove him out of Ccnfa, 
 neither could Gifulphus long endure him in Salerno, from whence being expcll'd, he 
 was necefTitated to return again to Naples with his Family ; He had Four Sons 
 Guaimarus, Indolpbus, Landulphus and Landentilphus. 
 
 IT happen'd, that whilft Z.^nc/?///)/.;/.'j, with his Sons, were in Ar^/i/^.r, Gifulphus 
 was taken ill, whereupon Gaidelgrima his Mother, laying hold of the Opportunity, 
 fell into Tears, which Gifulphus perceiving, ask'd her what fhe ail'd ; She quickly 
 anfwer'd, I lament, becaufe after the Lofs of my Husband, I have no Body to 
 comfort me in my great Afflidion, now that you are taken ill, and my Brother is at 
 fo great a Diftance : What would you have me to do then, anfwer'd Gifulphus? 
 Re-call him with all his Family, reply 'd fhe. Gifulphus, overcome by his Mother's 
 Tears, confented, and when he recover'd of his Illnefs, Landulphus was im- 
 mediatly invited back to Salerno, who brought Three of his Sons along with him, 
 leaving Landulphus, a Man of a fubtle Wit and full of Deceit, iri Naples. 
 
 LANDULPHUS was received by the Prince with great Marks of Efteera 
 mrich d with many Lands, and likewife reflor'd to the County of Coiift ; and not 
 forefeeing what might happen to him, he rais'd him to that Degree, as the anonymous 
 
 S E Saler-
 
 ^74 ^^-'^ Civil History of Book VIII. 
 
 S^leruitan ', who was his Cotemporary, relates, that he was the next to himfelf in 
 ■Salerno. He was alfo moft liberal to his Sons : To Guaimc.ms he gave the County of 
 MArpto in the Principality of Salerno, with its Privileges and Emoluments. To 
 Indufpbus he gave the County of S.viio : To Lameiiulpbus, the County of Lauroy 
 !ikewifcin the Principality of Salerno ; who dying foon after in the Year 971, La7i- 
 dulphus was call'd from Naples, to whom Gifulphns gave the faid County of Lauro, 
 to the great Indignation of the Salernttans and Nobles of that City, who faw 
 Gift'.lphus fo imprudently advance thefe Princes. 
 
 L ANDULP IIUS the Father being rais'd to fuch Grandeur, began to think 
 of Means whereby he might invade the Principality of Salerno ; and feeing himfelf 
 fo powerful, he likewife procur'd the Affiftance of the Dukes of Anialpbis and 
 Naples, and being aided by his Sons, efpecialiy Landitlpbv.s, a prudent and cunning 
 Man, by bribing the Keepers, found means to enter the Prince's Palace, where 
 feizin"' the unhappy Gifitlphus, together with the unfortunate Princefs Gemma his 
 Wife, Daughter of Alfanv.s, and Kinfwoman to the Duke oi Spoleto ; he impriibn'd 
 them, giving out, that they had been murther'd, which put the City all in an 
 Uproar. The Salernitans believing them dead, were in the utmoft Confternation, 
 and not knowing what to do on fuch a Turn of Affairs, were forc'd to fwear to 
 Prince Landnlpbns their Tyrant, who being afraid they might dilcover that 
 Gifulpbus and the Princefs Gemma were ftill alive, caus'd them to be removed from 
 Salerno to Amalpbis : So that having rid himfelf of them, the fame Year 972 or 
 973, he SL^Mm A. Landulpbush\s Son for his Collegue in the Principality. 
 
 A T this Time, Manfo, a Patrician, govern'd as Duke of Amalpbis, and in 
 Naples, as we have faid, Marinus, a Patrician. Thefe hearing of the Confpiracy, 
 as foon as they underftood that Gifulpbus had been driven out of Salerno, went 
 thither with fome Troops, in order to affifl Landiilpbus, and to fix him in the 
 Principality -. Never was greater Ingratitude heard of, than what Marinus Duke 
 of Naples was guilty of on this Occafion, who having lb foon forgot the Favours 
 he had receiv'd from Gifulpbus, as alfo the fb many Oaths he had fworn, by which 
 he was bound to aflifl him, now joyn'd with the Tyrant in order to drive him out 
 of his Dominions. 
 
 BUT thefe Defigns and wicked Counfels were foon confounded ; for the 
 Salernitans being convinc'd that Gifulpbus and the Princefs Gemma were not dead, 
 but ftill alive in Amalpbis ; began immediately to make an Uproar, and to fret at- 
 themfelves, for having been fo credulous, and at the Steps they had taken. To 
 this was alib added, that Lidulpbus, who had feen Landulphus his Brother admitted 
 as Collegue in the Principality, and himfelf not minded, contrary to what his 
 Father had promis'd him with many Oaths, began to aim at the Principality, by 
 folliciting Marinus Duke of Naples, to aflift him in the Undertaking ; therefore ic 
 was refolv'd, in order to quell the Tumults in fbme meafure, to feize Indulphus, and 
 fend him to Amalpbis, which was done ; the Pretender being remov'd, the Saler- 
 nitans were obliged to fwear to Landulpbus the Tounger, a very cruel and cunning 
 Prince. But by wicked Counfel not long after, Indtilpbus was recall'd to Salerno^ 
 who diffembling the Injury, began to curry Favour with the Salernitans, to whom 
 he was very profufe; and having brought over to his Party the chief Men, and the 
 Adherents of Prince Gifulpbus, he was at great Pains to convince them, that now 
 the Tyrants being driven out, they ought to deliver themfelves up to Pandulpbus Iron- 
 head, who would be able with his Forces, to reftore Gifulpbus, and in the mean time, 
 endeavour to fortify themfelves in theCaftles, that upon the coming of Pandulpbus 
 they might be in a Condition to aflifl him. In effedt, many noble Salernitans, and 
 amongil the reft, Rifus and Rcmoalt, two renown'd Perfbnages, repenting them of 
 the Part they had adted in the Confpirac\', went to Avialpbts to the dethron'd Princes, 
 and there, with many Oaths and Tears, exprefs'd their Sorrow for the Wrong that 
 had been done them, promifing to ufe their utmoft Efforts to reftore them to their 
 former Dignity. 
 
 PRINCE Pandulpbus being invited by the Adherents of Prince Gifulpbus and 
 the Salernitans, who had fortified themfelves in feveral Caftles, in order to receive 
 liis Afliftance, compaflionating the Cafe of that unfortunate Prince, who was his 
 firft Coufm, with incredible Joy, undertook to reftore Gifulpbus to Salerno ; and con- 
 
 ' Anon. Salern. party, num. 7. ' Anon. Salern. p. 7. num. xo- 
 
 vening
 
 3ook VIII. ?/:7^ K I N G D o M 0/ N A P L E S. ^75 
 
 vening fome of his Forces, march'd towards that Place. He was met by Indulphus 
 who demanded the County of Ccnja for himfelf ; but PandidpLus declaring that he 
 could not grant it, he was extremely griev'd, and return'd to Salerno^ where he was 
 made Prifbner by his own Men, and deliver'd up to Landulpktis. In the mean time 
 Iron-bead having joyn'd the Salernitam that were in the Caftles, took all the Places 
 belonging to the Principality of Salerno, laid Wafte all the Country about and 
 cloiily befieg'd Salerno. The two Landulpbus's, the Father and Son, made a bold 
 Reliftance, and not trufting to the Salernitans, rely'd upon Manfo the Patrician 
 whom they kept with them in the Palace with his Amalphitans, to whom the 
 Cuftody of the Towers that furrounded the City was given ; but they could not 
 long hold out againft the Forces o( Pandiilpbus, who at laft, in the Year 974 took 
 the City, and having driven out the Tyrants, took PofTeflion of it, not for himfelf 
 but that fame Year reltor'd it to its lawful Prince. Gifv.lphtts and Gcmvia^ whether 
 they had fo agreed betwixt themfelves, or whether purely out of Gratitude for fb 
 many Favours receiv'd, not having Children, adopted Pandulphus the Son of Pan- 
 dnlpbus for their Son, whom they likewife made Prince of Salerno., and Copartner 
 with Gifulpbus during his Life, which laftcd to the Year 978 ', when he died, and 
 left Pandiilpbits Succeflbr in Salerno 5 on which Pandulpbus the Father alfb aflijm'd 
 the Title of Prince, together with his Son, fothat three Titles centered in the Perfon 
 of Pandulpbus Iron-Head, for he was call'd Prince ofCapua^ Benevcnto, and Salerno. 
 Whence the Anonymous Salermtan, who liv'd in thefe Times, to which he continu'd 
 his Hiftory, and dedicated it to this Prince, in a Verle which he compos'd in his 
 Praile, calls him Prince of thefe three Cities, thus : 
 
 tempore praterito Melius divifa raaligno 
 Unittir tiio ecce, tiiente Deo '. 
 
 As the Valour and Prudence o£ Atenulpbus I. was able to ward off the Ruin of 
 the Longobards, which by reafon of the many Revolutions and Difturbances in thefe 
 Provinces, was imminent : fo at this Time the Power of Pandulpbus Iron-Head put 
 a Stop to their impending Fall ; and fbme Good might have been expe<5led from the 
 Valour of this Prince, if that moft mifchievous Cuftom of the Longobards, of divid- 
 ing their Dominions equally amongft their Sons, had not been already fb inveterate j 
 for tho' at prefent the Titles were united in one fingle Perfon, yet neverthelefs Iron- 
 Head gave the Principality of Benevento to Landulphus IV. his Son, and that of 
 Salerno to Pandulpbus another of his Sons. All the Longobard Princes of the Race 
 of Landulpbus T. Count of Capua, thole likewife of Benevento and Salerno, were 
 wont to give Fiefs to all their Sons ; who at firft liv'd in Friendfhip and Amity with 
 one another under the fame Laws, each one contenting himfelf with his Share j 
 but fuch is the Corruption of Human Nature, that in procefs of Time it bred 
 Dilcord among them, which fplit them into Factions, and gave Occafion to Strangers 
 to invade them. At this Time Political Maxims were taken from the Holy Scrip- 
 ture, the Barbarity of the Times not affording them other Books whereby they could 
 be better inftrufted in the Politicks of this World: They had read the Admonition 
 of David, who fays. There's not a more pleafant Thing, than hahitare fratrcs in 
 iinum, and propos'd it as the Rule of their Conduft ; but they were not fenfiblc that 
 this was a Thing much to be wifh'd-for, and when attain'd, much to be valu'd, but 
 by Human Nature difficult to be put in Practice ; and they might have learn'd from 
 the fame Scripture, that a Kingdom divided againft itfelf cannot ftand. However 
 that may be, they had no mind to give all to the eldeft Son ; therefore this Succef^ 
 fion taking Place, the principal Cit)' was retain'd by him, and the other Brothers 
 were inverted v.ith Counties, and other Fiefs, who being all of the fame Stock, 
 from Dependants, made themfelves abfblute Lords. Thus Radekbifius Prince of 
 Benevento, as we have related, having had twelve Sons by Caretruda, befides Kadel- 
 garius whofucceeded him, made them all Counts. The fame happen'd to the Prin- 
 cipality of »Sl2/er«y, which, as we have faid, was divided hy djulphiis into fo many 
 Counties, amongft the Sons of Landulphus, to the great Indignation of the Salerni- 
 
 Pell. in Not. aJ Anon. Saler. pag. 216. In j Gifulphus Sc Gemma aJoptaverunt me iii 
 Aichivo Cavcnfi : Nos Pandulpbus Prlnceps I filium- 
 filius b. m. D. Pandulphi Prlnc declare, cjuod i \ Wc read this Verfe in Pell. loc. cit. p. IIJ. 
 
 tanSy
 
 37^ 
 
 The Civil History of 
 
 Book VIII. 
 
 tans^ that befides the Nobles of Salerno^ it was pofTels'd by many, who liv'd well 
 fortified in their Caftles, with abfolute and independent Authority. 
 
 BUT above all, the Principality of Capua lufFer'd mod by being thus di(- 
 member'd, for from the Race of Atenulpbus^ as from the Trojan Horfe, there iflu'd 
 ib many Counts and Lords, as not only fill'd Capua with Counties and Lordfhips, 
 but likewife Bcnevento. From the Blood of that Prince were defcended the Counts 
 of Venafro^ Se{fa, Jfernia^ Marjico, Sarno, Aquino^ Cajazza^ ^eano, and many 
 more : Which, as we have faid, tho' at firft given as Governments, and not as 
 Fiefs, were afterwards turn'd into Lordfhips ; and hitherto the Thing was toler- 
 able, becaufe the Grant, either by the Death or Felony of the Count, became void, 
 and the County did not go to the Heir ; but in the Times we now fpeak of, the 
 Pradlice was, for the Realbn formerly given, that the Grants were made to the 
 Sons and Heirs, and Inveftitures given pro fe & Hxredihus^ as we read among the 
 ancient Records of the Inveftiture given in the Year 964, in Capua by Pandulphus 
 Jron-Head, and Landulphus his Son, of the City o( Iferiita with its Dependencies, 
 to Landulphus and his Heirs '. 
 
 THUS the Counties and Fieis, not only came to be multiplied, and afterwards 
 divided into fo many Parts, by being vefted in thofe of the fame Blood, who were 
 apt to afpire to be independent Lords, that thereby the State was brought into Con- 
 fufion and Difbrder, and at laft became a Prey to other Nations. 
 
 ' We read this Inveftiture in Ciarlant. on 
 Samnium, pag. 241 . Concedimus, & confirma- 
 mus tlbi lupranominato Landulpho Comiti 
 di£lo fratri noftro, & hxredibus tuis prxdi^am 
 
 Ciritatem Iferniae cum omnibus Caftellis, &c 
 ad avendum, & poilidendum, & fruendum, & 
 dominandum vos, & hxredibus veftris. 
 
 SECT. I. 
 
 Surnames of Families rejlor' d among tts^ which for a loyig Time hadheen dlfiis'd. 
 
 FROM the Number of fb many Fiefs and Counties poflefs'd by different 
 Families, Surnames took their Rife ; for the Lon^obards having no Surnames 
 for denoting the particular Families, they took them from the Cities and Lands 
 which they poffefs'd, and where they had fix'd their Refidence ; thus by Degrees the 
 Cuftom of the ancient Ko?>tans began to take Place again in thefeour Provinces ■ tho' 
 Surnames began under our laft Longobard Princes, yet it was the fucceedino- Norman 
 Princes that fettled them, as a diftinguifhing Mark of Families. 
 
 THE Romans^ who knew nothing of Fiefs, took their Surnames from other 
 Things, and not from the Places which perhaps had been poflefs'd by their Fore- 
 fathers. But as the Paftoral Employment and Agriculture were in great Eftecm 
 amongft them, many Families took their Surnames from Rural Things belonging 
 to thefe: From Agriculture, the La^ucinii, the Melii, the Frondifu, the Fabir, 
 the Pifones^ the Letituli, and the Cicerones ; and from the Paftoral Employment, the 
 Bubulci, the Bupecii^ the Jwvenci^ the Portii, the Scrophx, the Pilumni^ the JimiL 
 the Satirii^ the 1'auri^ the Vituli^ the Vitellti, the Suilli, the Capriani, the O'vint 
 the Caprilti, the Equini, and others, of which I'traquellus ' has given us a low 
 Catalogue. 
 
 THE Roman Families likewife took their Surnames from Nature, according as 
 fhe was favourable in beftowing fome fpecial Comelinefs of Perfon, or graceful Be- 
 haviour, or as fhe was unfavourable in deforming the Body or the Mind with fbme 
 Vice ; thus from the Bignefs of the Feet came the Surname of the Planci ; that of 
 the Craffi from Fatnefs ; that of the Cincinnatt from the Hair ; the Nafones from their 
 big Nofes, and a great many more. Often from Qualities, as Metellus Celer from 
 his Nimblenefs ; fometimes from Chance, as Valerius Corvtnus ; fbmetimes from a 
 conquer'd Place, as Sctpio Africanus, and fb of the reft \ 
 
 • Tiraq. de nobilit. c. ;. num. 10. V. Alex, 
 ab Alex. dier. gen. V. Sirm. in Sidon. torn. i. 
 in prsfar, 
 
 '■ Vide Knipfchild. dc Fidciccm. cap. i. 
 num. zo. 
 
 BUT
 
 Book Vlli. the Kingdom of NAPLES. ^yy 
 
 BUT amongft our laft Lougobards^ Surnames were taken for the moft part 
 from Cities and Caftlcs, which their Forefathers had pofTefs'd, and whither they 
 went to refide, and pais their Time. Thus from the Callle of Pyefoifmo^ the Sur- 
 name of Prejhifano is deriv'd, which Family, together with the Caftle, fail'd in Capua 
 after the Time of King Robert. Tliuslikewife, according to Ercbciiipertus ', Marino 
 was lurnam'd M.^lpbitcvio, bccaufe he gpvern'd 'n\ Aniaipbis^ and was Duke of it; 
 and in the fame Author % Landnlphiis was call'd Sue[fnlams, bccaufe he govern'd 
 in Siiijft'.la; and Leo Oftienfis ' lays, Gregory was furnam'd Nejpolttanus, beoaufe 
 he was Duke of Kuples ; and the fame Author '^ gives Lavdulpbus the Surname of 
 SanCia Agatha (of which more afterwards) only, becaule he was Count of that 
 City. And feeing all thofe Noblemen had their Dcfccnt from Capita^ and from the 
 Progeny of Atennlphus, therefore by the Writers of thofe Times they were likewife 
 call'd noble C(7pK^«j ; whence came the Surname of the illuftrious E/;;;///^ G7/)7w;w, 
 and for a long time all thofe were call'd noble Capuaiis, who were defcended of the 
 Race of the Counts and Princes of Capiia^ tho' they were divided into many 
 Families, as the moft accurate Pellegriiius dcmonftrates « : Whence it came, that 
 lome of them for a long time after retain'd the Surname of Capuani, or C.-Jptia ; and 
 others took theirs from the Places they poffefs'd, tho' of the fan\e Family. Thus 
 the Family of iS'e/o, defcended of the Counts of that Place, and of Landulphus^ who 
 was furnam'd Sejio, took its Surname from a Caftle of that Name in the County of 
 Venafro, of which Petrus Diaconus makes mention " ; which Family liv'd in the 
 greateft Splendor under King IVUltam II. and had the chief Military Employments, 
 as may be feen in Lmgi L elio '. 
 
 AND as thefe three Families of Franco, Citello, and Rofel/e, were of Longobard 
 Extradtion, fo likewife ought they to be reputed of the Race of Prince Atenulphus, 
 and come from the Places poffeis'd by their Forefathers, as Pellegnnus fhews ; and 
 many other Longobard Families, that derive their Origin from thelb Princes of Capua, 
 and Atenulpbus, even after the Longobards were driven out, continu'd in thele our 
 Provinces under the Normans, as we fhall more particularly relate hereafter, when 
 we fhall have occafion to treat of the People of that Nation : So that it occafion'd 
 Leo O^lienfis to fay, that Atenulpbus, and his Defcendants, for many Generations, 
 held the Principalities of Beneuento and Capua, for a Hundred and feventy-feven 
 Years; feeing for a long time there were many Barons of the Kace of Atenulpbus in 
 thefe Principalities, who were Lords of many Fiefs, and eftablifh'd their own par- 
 ticular Families, by giving their Relations Inveftiture of many Fiefs, and from 
 whom are defcended many Counts, Barons, and other Nobles over all Italy on this 
 Side of the Tyber ; and the fame was done in the Principality of Salerno. Likewife 
 the Family of Colnnenta, from which Pellegrtnus proves the Family of Barrile to be 
 defcended, takes its Origin from nothing elfc but from the Caftle of Cdimenta, 
 which we now call Ccllemezzo ; as the noble Family of Gaetena, from Gaeta ; for 
 Leo * OJiienjis calls all thofe Gaetani, who held the City of Gaeta as Dukes. Thus 
 likewife the Surnames of the illuftrious Family of y/^«/?/o, has rif en from the Counts 
 of that City ; and thofe of Sangri, Sanfeverini, Aquivi'vt, and many others, arc 
 taken from the Cities and Lands polfefs'd by their Forefathers '. 
 
 LIKEWISE amongft our laft Longobards Surnames were taken, tho' but 
 feldom, from the Names of their Forefathers ; thus the Family Atenulpho had its 
 Name from Atenulpbo, who was Father of Peter a Cardinal of the Holy Church ; 
 and very many others. Surnames were alfb taken from Magiftracy, and Offices as 
 well Ecclefiaftick as Secular, and from the ProfefTions of their Forefathers ; whence the 
 Family Maftrogtudice according to Freccia '° had its Rife, as alfb thofe of the Doci, 
 Alfieri, Conti, Ferrari, Cavalcanti, Filaftoppa, and many more. From Behaviour 
 alfo, and good or bad Inclinations ; from Colour, Garments, Beards, the Chin ; 
 from Plants, Flowers, Animals, and from an infinite Number of bther Occafions 
 and Accidents ". 
 
 Erchemp. num. x6. 
 
 Ibid. num. 27. & 6z. 
 
 Oftlenf. lib. i. cap. 49- 
 
 Lib 2. cap. ij-. 
 
 Pell, de Stem. Princ. Long. pag. 287. 
 
 In Aurtuar. ad Oftienl". lib. 4. cap. 7;. 
 
 ' Aloyf. Lcllus In Elencho Privileglorum 
 Archiepifc. Ecclefisc Montis Rcgalis, num. 14. 
 " Oftierif. lib. 2. c. ^f. 
 * V. Ammirar. Fam. Neapol. 
 ■'' Freccia dc Subfeud. pag. 24. 
 " V. Dufreluc in Glof. v. Cognom. 
 
 5 F 
 
 BUT
 
 y 8 Jhe Civil History of Book VIII. 
 
 BUT 'tii to be obftrv'd, that tho' this Cuftom of tranfmitting Surnames to 
 Poftcrity, for the better diftingiiifhing of Tinniltes, began with us about the End 6i 
 this Xth Century, yet i,t was fe'.dom ul'ed ; for we very rarely find Surnames in the 
 Charters and other Writs of thefe Times. They began to be a little more frequent 
 amongfl: the iVorw^Wi in the Xlth and XUth Centuries; but in the Xlllth and 
 XlVth they were fo diffus'd and eftablilh'd, that commonly every Body, tho' of 
 mean Extradlion, had Surnames, and tranfmitted them to their Pofterity. 
 
 SECT. II. 
 
 'The iwfortumte Expedition of (^tho II. agiV)iJi the Greeks, and the Death of 
 
 Pandulphus Iron-head. 
 
 THE Cuftom of our laft: Lo7igohanh^ of dividing their Dominions into fo many 
 Parts, was at laft the Occalion of their Ruin, and afforded a fiir Opportunity 
 to the Normans to drive them out of thefe Provinces ; for tho' thefe Barons held 
 their Counties of the Princes of Qipua, Reuevento^ and Salerno ; yet forafmuch as 
 they were of the fime Lineage o( Atemdphus^ many of them afpir'd to the iame 
 Principalities of Qrpm, Bencvento, and Salerno^ from which Ibme of them had 
 been driven out ; and tho', as we have faid, Pandiilphits Iron-bead by his Valour 
 and cood Succefi, together with his Sons Laudulphus IV. and the other Pandulpkus, 
 had govern'd thefe three Principalities ; yet Iron-head was no fboner dead in Capua, 
 in the Year 981 ', than Revolutions and Difordcrs began anew in thefe Provinces. To 
 this likewife was added, that Pandulphus^ who had procur'd that there fhould be a 
 firm and laftitig Friendlhip maintained betwixt the Emperors of the Eaft and thofe of 
 the \\ eft, was no iboner dead, than all Correfpondence was broke off, and the old 
 Quarrels renew'd j for Otbo II. who could not endure that Pugha and Calabria fliould 
 remain in the PoffefTion of the Greeks^ under the Emperors liafilitis and Conflantine, 
 who in the Year 97 7. had fucceeded Znuifceiis^ difiiigag'd himfelf the beft way he couKl 
 from the Affiiirs on the other Side of the Mountains, and in the Year 980. march'd to 
 Italy with an Army, accompanied by the Em^rGCil'hcopbania \ 
 
 THE Cuftom, as we have faid, was already introduced, that when the Emperors 
 of the Weft came into Italy^ they ftopt at Roncaglia^ a Place not far from Placentia, 
 where, in imitation of the Dyets, the Dukes, Marquiffes, and Counts of many 
 Parts oi Italy, the Magiftrates of the Cities, and alio the Eccleftaftical State met 
 in order to treat of the moft important Affairs of Italy ; they examin'd the Com- 
 plaints of the Subjeds againft their Lords ; they gave the Inveftiture of Fiefs $ 
 adorn'd mdny Barons with Titles ; eftablifh'd many Laws concerning the Ecclefiafti- 
 cal State, and remedied ibme former Abufes. Otbo this Year being come to Pla- 
 centia affembled the Dyet in Kcncaglia, wherein he made many ufeful Laws. Of 
 this Otbo are thefe Laws, which we have in the lecond Book of the Longobard 
 Laws^ and many under the Title ^.aliter qtiifq fe defend' debeat ', wherein rejed:- 
 in«y the Proof by Oath, he retain'd that by Duel, and many others collected by 
 Mekhtcr Godalftus in his Volumes "*. 
 
 O'THO therefore having, in fome meafure, fettled the Affairs of 7/^/^, went 
 to Koine, where at a Dinner, he caus'd many Noblemen whom he fufpeded of 
 Difloyalty, to be inhumanly murdered ; from whence the Year following 981, he 
 came to Beiicvento ^with his Army, where he continu'd for Ibme Time : He was 
 likewife receiv'd into Naples by the Neapolitans, who, little minding the Allegiance 
 due to their Sovereigns the Emperors of the Eaft, aifb ga\e him Succours ; and 
 whilft he remain'd in thefe our Provinces, he found Means to augment his Army 
 with thofe Troops furnifh'd by Bene'veuto, Capua, Salerno and Naples for invading 
 Piiglia. While he ftaid here, he inquir'd into the Complaint of Jobn Abbot of 
 St. Vincent in Vulturito, againft Landulphus Count of Iferuia, who had taken 
 
 ' Pell, in Stem. Princ. CafUK 
 ^ Sigon. A. 980. 
 
 3 LL. Long. lib. 2. 1. ;5r, 36, 37, ?3, ?9» 
 40, 41, 42, 4;, 44. 
 '' Goldart. torn. i. p. iij torn. j. p. ;o.S. 
 
 Poffcflion
 
 Book VJH. the Kingdom of N A P L E S. 7,7^ 
 
 Po!%Tion of three Caftles belonging to that Monaftery ; he gave Sentence in favour 
 of the Monaftery, and caus'd a Charter to be drawn up for that end in Bene^veirto, 
 dated the Tenth of Ofcober this Year 981 '. 
 
 THE fame Year that Pandulphus Iron-head died in Capua, it happen'd that 
 Vcftivius vomited out Fire and Flames. It was a common Opinion among the 
 Vulgar, that furh Signs, were either preceded or follow'd by the Death of fome 
 rich, powtrful and wicked Man, whoie Soul was carried by the Devils through this 
 Gulf into Hell ; which Opinion had its Rife, as often falls out in thele Cafes, from 
 the Vifion of a Hermit, who, as Peter Damtan relates, fancied he had feen the 
 Soul of Pandulptus carried by the Devils into the tormenting Fire of Hell \ Indeed 
 Iron-head was the moft rich and powerful Man in theie our Provinces, in that Age : 
 He was not only Prince of Capua, Beticveiito, and Saleruo-, but was likewile 
 Marquis of Spokto and Camerhio, whereby he was in Pofteffion of little lefs than 
 the Half of /.'^(y ^ ; and though we read of many pious Works done bv him, and 
 that he had a great Eileem for Pope Johfi XII f. and had inrich'd the Monaftery of 
 C'ffino in his Life-time with many Donations and Privileges, that according to 
 Otiienfis *, he was in great Efteem with the Monks ; neverthelels, the Vifion of this 
 Hermit made all thele Ad;ions not to be valu'd, and it was believed, that he had 
 done them, not out of a fuicere Lx)ve to Piety and Religion, but for worldly Ends ; 
 to which was added, the henious Crime of driving Laiuiulpbus his Nephew out of 
 the Principality of Bemveuto. 
 
 THUS iikewife, John Prince of Salerno, who was Grandfather to the laft 
 {lUaimanis, being murder'd by his own People in the Year 1052, when 
 Vefu-vius vomited Flames, John, who was o{ that Opinion, laid, Proctil dubio 
 SceUratiis altqttis dives in proximo morituriis efi, atqtie in Infernum deicenfurus ; which 
 foon after was applied to Prince 'John himlelf, who, the Night following, was un- 
 expc(3:edly found dead in the Arms of one of his MiftrefTes ' ; whence the Vulgar 
 were the more confirm 'd in that Opinion, which long continued, even to the Time 
 of our Grandfathers ; and it was Iikewife fooliflily believed, that Vefuvius was one 
 of the Mouths of Hell. 
 
 B U T to return to our Purpofo, Pandtilphus dying, left, as we have laid, Laii" 
 dulphus IV. his Son in Bcnevento, to whom in his Life-time he had given that Princi- 
 pality, and who, for a few Months after the Death of his Father, govern'd Capua. He 
 left Pavduhhus another of his Sons, Prince o{Sa!erfio, whom Gifulpbus had adopted, 
 and who after the Death of his Father, govern'd that Principality for fome Months ; 
 he alio left other Sons, to wit ATemilfbus a Count, Landenulphiis a Marquis, Gtfttlpbus 
 who was Count of featio, and Lajdolphus *. i-' ' ''"^ •" 
 
 BUT the Death of this Prince foon broke that Union, which could not long 
 continue, for Patidulphus II. who had been turn'd out of the Principality of Bene- 
 •vento by him, no fooner heard of his Death, than he reveng'd himlelf of the 
 Wrong he had rcceiv'd : he drove Laudnlphus IV. out of the Principality, took 
 Benei-efito to h\vaS^c\?, and tranfmitted it to his Fofterity ^ and L«;wf/.'//)*wj died foon 
 after ; for Otbo having march'd with his Army (which was compos'd of many 
 Nations, and Iikewife Bene-ocntaus^ amongft whom were this LandiUp^Jus and Ateuulz 
 phns his Brother) towards ^aranto, in order to fight the Greeks, and Sar.iceiis, who 
 had been invited to their Affiftance^ in the Battle which was fought the Year fol- 
 lowing 982. had his Army defeated, and amongft the reft, the Princes Landtilpbus 
 and Ateni'.Ipbus were killed, and Oiba himfelf with Difficulty efcap'd '. 
 
 WHEREUPON it fell out, that after Landulpbiis's Death, Landenttlphiis 
 his Brother, and Aloara his Mother fiicceeded to the Principality of Capua, and 
 Otbo having recruited his Army the beft way he could, when he return'd to Capita^ 
 confirm'd the Principality of Capua to Aioara and Laudemilphus, who govern'd it 
 from the laid Year 982 to the Year 993, when Landenulpbus was cruelly murdered 
 by his own People in the Month of April ', four Months after his Mother's 
 Death. 
 
 THIS Expedition of Otbo againft the Greeks, was fo unfortunate, and the 
 Defeat of his Army {o great, that it was firmly believed, if the Greeks had known 
 
 ' Baron. A. 9?!. num. 4. 
 
 * V. Pellegr. part 7. ad Anon. Salern. 
 ^ Pellegr. part 7. Anon. Salern. 
 
 * Lit. i. cap. z. 
 
 Pellegr. loc. cir. pag. 221. 
 
 " Pellegr. in Stem. 
 
 ' Sigon. 982. 
 
 * Pellegr. in Stem. 
 
 how
 
 580 
 
 The Civil History of 
 
 Book VIII. 
 
 how to make ufe of their Vidory, they might have carried rheir Arms to the ^ates 
 of Kcme. But as the Greeks had perceiv a the Diiloyalty of the Neapolitans , and 
 their other Subjeds in this Battle j fo Otbo had more Realbn to impute the Lofs of 
 it to the Beneventaiis and Komans ' (who abhor'd him on account of the cruel 
 Murder committed on the many Noblemen at the forelaid Feaft, for which they 
 afterwards gave iiim the Surname of Sauguiiiaritis) w ho in the Heat of the Battle 
 had deferted him. Wherefore 'tis laid, that the Year following 983, Or/'O having 
 return'd to Capua, and recruited his Army, march'd on a fudden to Beucveuto, and 
 pillag'd that City, and in order to vex the Beneventans the more, he wrapped up the 
 Bones of St. Bartholcme-ju, for which they had fo great Devotion, and carried them 
 to Rome, and relblv'd afterwards to tranfport them to Germany ; but being prevented 
 by Death, which happen'd this fame Year in Rome, he could not put his Defign in 
 Execution ; fb that they rcmain'd in that City, where they are at this Day, ador'd 
 in a Church in the Ifland Lycaouia in the 'Tyler, which is now much more famous 
 all over the World, on account of thofe Bones, than for its Rile, which Livy 
 defcribcs in his incomparable Hiftory 
 
 THE Beneveutans cannot bear what is related concerning this Tranflation by 
 Otbo Frifiugenfis % Goffredo of Vtterbo % Blondus ■*, Sigomus ', and other more 
 modern Authors. They, from the Authority of Robertas Tiittenfis *, who takes 
 it from Baromus, and of Ofiienfis ', will have it th.it about the Year 1000, Otbo III. 
 not II. havino return'd to Benetento from Monte Cargano, Ibnght the Body of the 
 Holy Apoftlefrom the Beneventaus, who, not daring to deny him, had recourle to 
 Fraud and in place thereof, gave him the Body of St. Paulinus Bifhop of Ncla, for 
 which they likewife had a great Veneration : Of which Otho being afterwards apprie'd, 
 •was much offended at the Cheat, and return'd anew to Bene'vento, w hich he belieg'd 
 for many Days ; but not being able to take it, he wasoblig'd to return to Rome. But 
 Martinus Polonus * by adapting himfelf to the Humour of the Romans, who will 
 have it to be in the Tyber, relates likewife, that Otbo III. return'd to Bene^iefito ; 
 but that he fought none other but the Body of St. PaiiUnus from the Beneventans, 
 who without any Guile, gave it him. Thus a bitter Difpute concerning thefe Bones 
 hath arifen among the modern Writers ; and the Romans and Benei-evtans worftip 
 two Bodies of the fame Saint in different Places ; and the Neapolitans likewile pre- 
 tend that the Head of this Saint is neither at Rome nor Benevento, but in Naples, 
 in the Monaftery of the Monks of Queen Donna, and that it was given them by 
 Mary the Wife of Charles II. of .4njou, Son of Charles I. who got it from the 
 Beneventans after he had defeated Manfred ; and our Hiftorian Giannettafw believes 
 it to be matter of Fad, notwithftanding the bitter Conteft which to this Day con- 
 tinues betwixt the Romans and Beneventans. Wc have leen in thefe our laterTimes, 
 a oreat many Writers tormenting themfelves about this Subjed, who, after all their 
 Endeavours to prove, that this Body was either carried to Rome, or remain'd in 
 Benevento, have yet the greateft Part of their Work upon their Hands, to wit, to 
 Ihew us how it was brought from the Indies to Lipari, as Sigehertus relates. But 
 thefe Difputes not being to our Purpofe, we willingly leave them to thofe who take 
 Pleafure in fuch Matters. 
 
 • Sigon. 981. 
 
 ' Otho Frifingenf. lib. 6. cap. 25-. 
 ' Gofridus Viterb. part 17. deOt. 
 
 * Blond, hift. Rom. dec. 2. lib. ;. 
 
 ' Sigon. de Reg. Italia, lib. 7. 
 
 * Rob. Tuitenlis lib. 2. cap. 24- 
 ' Leo Oftienf. lib. 2. cap. 14. 
 
 * In Chronic, lib. 4. 
 
 CHAP.
 
 Book VIII. the KifiGDOK of N A P I, E S. 
 
 58, 
 
 
 
 M^. 
 
 i"^-' 
 
 9^ 
 
 CHAP. III. 
 
 Tloe Greeks uco'cev greater Strength hi Piiglia and Calabria. The 
 Advancement of the dukedom of Bari^ at this Time the Seat of 
 the Cacapani. 
 
 H E Greeks^ who under the Emperors Ba/ilias and Conjiautine had 
 gain'd lb fignal a Vidory over Otho II. eftablifh'd themfelves more; 
 firtnly in PugUa and Calabria ; and governing thele Provinces with 
 great Authority, incroach'd upon the Borders of the Principalities of* 
 Beuezruto and Salerno, and pretended hkewife to cxercife Soxereignry 
 over the Longohard Princes. But remembering the late 'J'reachery 
 of their Subjefts, in order to keep them in Awe, they refblv'd to have ftrong 
 Garriibns inthefe two Provinces. They were alio afraid of being attack'd again by 
 the Germans under Otl'o ; and that the Saracens, tho' coop'd up in a few Forts, 
 might difturb them with their ufual Inroads, for thele never flipt a fit Opportunity 
 for making Incurfions into Pnglia from Monte Gargano, where they had .fortified 
 themfelves. Therefore at this Time they had built many ftrong Caftles. They 
 founded in the Plains of Puglia a City, which, in order to revive the glorious Name 
 of lliiirii, they call'd 'T'roja, which remains to this Day, for the Normans, next to 
 Melphis, diftinguifh'd it above all the other Cities of that Province, which at prelent 
 is call'd Capitanata. They likewife founded there, Draconarta, Qvidadc, and 
 Firenziicla, Cities not now in being, and other Towns '. In order to keep their 
 Subjedls the more in Awe, they appointed a new Magiftrate in Puglia, in theix* 
 Language, call'd Catapauus, who had full and unlimited Power, and govern'd thele 
 Provinces with ablblute Sway. Bari, where the Stratico formerly refided, was ap- 
 pointed for his Seat, fo that this City exalted itfelf above all the other Cities of 
 Puglia. 
 
 OUR. Gulielmiis AppiiUenfis ' derives this Title of Catapauus from the unlimited 
 Power that was given to this Officer, and fays he was call'd Catapauus j 
 
 ^(od CA'TAP AN Grxci, nosJUX ft A dicimus O MNE. 
 
 ^iifquis apud Danaos 'vice fungitur biijus honoris, 
 
 'Difpofitor poptili parat onine quod expcdit illi, 
 
 Et J U XI'A quod cuique dari decet, MNE miniftrat. 
 
 BUT Charles Du-Frefne, in his Notes on the Alexiadc of the Pr'incels y^««rf 
 Comnena, laughs at this Etymology of Gnlielinus Appulienjis, and will have it, that 
 Catapanus amongft the Greeks, was the fame as Capitaneus among the Latins : Which 
 Leo Oftienfis likewife ridicules, who in his Chronicle ', befides taking' it to be the 
 proper Name of a Man, whereas 'tis known to be a Title of Dignity, reckons that 
 the Province of Capitanata, which took its Name from thele Officers, came to be 
 corruptly call'd fo by the Vulgar, when it ought to be call'd Catapanata ; yet 
 Da-Frefne maintains, that Catapanus among the Greeks, was the fame as Capitaneus 
 among the Latins, and therefore it ought to be call'd Capitanata, and not Catapanata : 
 
 ' Leo Ofticnf. lib. 1. cap. fo. 
 ^ GuK Appul. lib. I. 
 
 I ' Oftlcnf. lib. z. cap. j-o. 
 5 O 
 
 Nice
 
 5 8i The Civil History of Book VIII. 
 
 Nicet.is ' likcwife calls this Prefecflure C^pitaiiata, which being compos'd of many 
 Cities or Towns, was under the Command of one Captain. 
 
 T H K Catepc.ni having fix'd their Seat in Ban, Lupus Protofpata, who, ac- 
 cording to Pellezrinus ' was certainly of Best, at leail of Pv.gha, gives us a Jong 
 Lift of them, ?.nd the firft, that about this Time in the Year 999, according to him, 
 governed this Province, was Traconiotus, or Gregcrii:s, who befieg'd Graving, and 
 took 'tbeopbi/jiitis. In the Year 1006, Xipheas was (ent to be Qnapanus of PtigUa, 
 who in the Year 1007 died in Bari, to whom Curcita fucceeded the Year following 
 1008. Under whole Government the Inhabitants of .B<?>v rebelling, chofe for their 
 Prince Melo of Longohard Extrad:, who refidcd in Bars, and will be famous in the 
 Hiftory of the Normans ; but they being fupprefs'd by the Greeks, Melu, with his 
 Brother-in-Law Dailtis, made their Elcape, and wandered up and down. He went 
 firft to Afcoli, but being afraid of Treachety, he went to Beneveuto, from thence to 
 Sc.lerno, and afterwards to Capua, folliciting thefe Longobord Princes to affift him in 
 freeing Bart from theTyranny of the Greeks. Curcv.a dying in the Year loio, Baf.lius 
 fucceeded him as Catapanus, in whofe Time Freccia - lays, that Bart fa^a eft Sedes 
 viagmruiii'virorumGrxcortm. Thereafter in the Year 1017, Androuicus was Cata- 
 '^anus, who fought and defeated Melo *. 
 
 THE Year following 1018, he was fucceeded hy BafJius Bugi.mus, whom 
 CvJiehiius AppiiUenfis ' calls Bnganus, and Leo OJiienfis *, Bajanus. W ho, that he 
 might be recorded in the Hiftory of TiTj/jy, difmember'd a Part of Pv.gUa, bordering 
 on the Principality of Beue-vento, and made a new Province of it, which he call'd 
 Capitauata, and, as we have faid, he built fome Cities and Towns, fuch as l^-oja^ 
 Draconaria, Fiorcntiii'i and others. In 1028, Chriftopborus was made Catapanus j 
 then Patus, who govern'd to the Year 103 1, and the following Year y/;Mro//a«. 
 In 1033, Conftaiitinus Protufpata came to be Catapanus, who was call'd Opus. 
 Thereafter ilfc??;/rta«, to whom in the Year 103S, Nieephorus fucceeded, who, in 
 1040 died in Afcoli. To him fucceeded Micbae!, who was alfb call'd Ducbtanus, 
 and after him at laft in the Year 1042, Exaugtiftus, the Son of Bujanus was Cata^ 
 famis, during whofe Government, the Greeks were driven out of thefe Provinces, 
 after he had been beaten and taken Prifoner in a Battle near Benevento by the 
 Normans : And tho' thefe Provinces came afterwards under the Dominion of the 
 Normans, but not all at once, therefore we read in Lupus, and the Anonymous of 
 Bar/, of other Catapani after Exauguftus, whom we fhall mention as occafion 
 offers. 
 
 THE Power then of the Greeks, after this Defeat of Otbo II. till the Normans 
 came to have Dominion in thefe Provinces, was become much more confiderable 
 than what it had been the preceding Years, both with regard to the Largenefs of 
 their Bounds, which they had extended, and the ablblute Empire, which the 
 Emperors of the £^7? had acquir'd in the Political and Temporal, and the Patriarchs 
 of Conftantinople, over the Aletropolitans and Bifhopsof Puglia and Calabria, in the 
 Ecclefiaftical and Spiritual Government. 
 
 PUGLIA, which in the Time of Arecbis, and the other Bcne'veiitan Princes, 
 his Succeffors, belonged to the Principality of Benevento, was now dilmember'd 
 from it, and being again come under the Dominion of the Greeks, very much 
 diminifh'd this Principality. The Greeks on this fide reach'd as far as T^roja and 
 Afcoli, and excepting Siponto and Monte Gargano, which were ftill united to this 
 Principality, towards the Eaft, all that Traft of Country, to the very utmoft Point 
 of Italy, belong'd to them. Calabria, according to the modern Appellation, was 
 likewiie added, which included not only Bruzto, Keggio, Crotone, and other 
 neighbouring Cities ^ but it alfb comprehended a great Part of the antient Lucanta, 
 and on that fide was bounded by the Principality of Salerno., which was thereby 
 confin'd to a narrower Compafs than it had been in the Time of Prince Stconulpbus. 
 On another fide they very much confin'd the Principality of Capua, infbmuch that 
 the Dominion of the Greeks was never at any time lb far extended as now, when 
 drawing a Line from Monte Gargano, to the Promontory of Minerva, which is the 
 greateft Breadth of the Kingdom ; all towards the Eaft and South, was under 
 
 Nicetas in Man. lib. 2. 1 ^ Chron. Anon. Barcnf. apud Pellegr. 
 
 P -llegr. Caftigar. in Chron. Lupi Protofp. I ' Gail. Appul. lib i. 
 Apud Pellegr. in Caft. p. Si. ! * Ofticnj. lib. 2, cap. p. 
 
 their
 
 Book Vlir. the Kingdom of '^ A? LES. 385 
 
 their Dominion ^ as the other Part towards the Weft and North, was fiibjeft 
 to the Loiignbard Princes ; but as the Principality of 6V?/erHo extended itfelf without 
 this Line, towards the Eaft and South ; {o likewile the Greeks had not altogether 
 loft their Dominion towards the other Part, which was not intirely llibjeci to our 
 Longobard Princes; forafmuchas in this Extent, the Three Dukedoms of Amalphis, 
 Naples and Gaeta were included, in which, though they were govern d in the Form 
 of Commonwealths, and often not only eleded their Magiftratcs out of their own 
 Body, but likewife their Dukes ; ne^■ertheIeis, the Greek Emperors always preferv'd 
 fome Marks of their Authority and fupreme Dominion in them, as we have feen, 
 from what hnthbeen formerly faid, with regard to the Dukedom of Naples ; and 
 the Dukes of Amalphis were wont to be confirm'd by the Emperors of the Eaft, 
 from whom they got the Dignity of Patriciate. 
 
 AND the fame may be laid of Gaeta ; for though Leo Ofiienfis ' fays, that 
 Gaeta was fubjeft to the Pope, and that therefore John VIII. had given it to 
 Pandiilphas Count of Capua ; neverthelefs it was fbon recover'd by the Greeks. 
 The Popes claim'd this City, by tho(e Rights which Charles the Great gave them, 
 when he pretended to take it from the Greeks, and make a prefent of it to the Church 
 of Kcnie, as he had done Terracina and the other Spoils of the Greeks ; but ArecJAs 
 immediately oppos'd it, and ordered Matters i^o, that this City quickly was re- 
 flor'd to the Greeks^ and was firft govern'd by Patricians, and afterwards by 
 Dukes. But becaufe the Popes do not fo eafily part with Rights, which they 
 fancy they have once acquir'd ; they always kept up their Pretenfions, and 
 when Jundures and Times favour'd them, not being able to defend Gatta of 
 themfelves, they gave it to fbme powerful Prince, who was able to preferve it from 
 the Greeks, as Jobii Ylll. did, who gave it to Pandulphus ; but becaufe he was 
 fevere in his Government over the Gaetans ; Dccibilts, who was then Duke of Gaeta, 
 had recourfe to the Saracens for Afliftance, in order to drive him out j fb that we. 
 fee, that at the fame Time that OJiienJis fays Gaeta was fubjed to the Pope, there 
 is mention made of Dukes of that City, who depended on the Greek Emperors, 
 fuch as John, Gregory, Docibilis, and others ; and in many Charters made in thofe 
 Times in Gaeta, Ibme of which we owe to Ughellus, we fee the Names of the 
 reigning Emperors of the Eaft inferted. Thus in one, made in the Year 812, we read 
 Jiiiperaiitibus Domijto nojlro piijjimo imperatore Augufio Michaelio, ^ I'heophilo, magnis 
 fdcificis Iniperatoribw;. And in another made afterwards, which OHienfis mentions 
 in the Year 884, thus, Imperantibus Domino nojiro Leone S Alexandra pacificis 
 maguis Imperatortbtis -. Which is evident ; for the Normans, after having driven out 
 the Greeks, took the Title, not only of Princes of Capua ; but alfb of Dukes of 
 Gaeta ; though they alcer'd nothing of its Polity, but left it to be govern'd by its 
 own particular Dukes and Confuls K 
 
 THE Greeks, though they had {b much extended their Bounds, not 
 knowing what Fiefs were in thefe Times, had not ereded Dukedoms, Counties, 
 or other Baronies, either in Puglia or Calabria ; but we find a great many 
 of them in the Provinces, fubjed to the Longcbard Princes. They were 
 known, as we have laid, in the Counties of Marjlco, Molife, J/eruia, Apruzzty 
 ^eano, and many others ; but were never heard of in Puglia and Calabria, till they 
 came under the Dominion of the Normans ; for the Normans being of the lame 
 Extradion with the Longobards, receiv'd them together with their Laws and 
 Cuftoms; So that Fiefs were introduc'd into all thofe Places which they took from 
 the Greeks ; from whence fprung (befides the Counts of Puglia and Calabria^ the 
 Counts of Cap:tanata, Principato, Lanjello and Loritello ; the Counts of Convcrfano 
 are often mentioned, both in antient Charters, and in the Alexiade of Princels Anna 
 Comnena., as alio in the Chronicle of Leo, in Malaterra, Odericus Vitalis, and a great 
 many other Writers* ; the Counts of Catanzaro, Sinopolis and Cofenza ; the Counts 
 of Aver fa, and thofe of Lecce ; tht Countsof Avellino, Fon^r,Cravina,MoHteca'teofoy 
 T'ricjrico and many more, of whom we fhall have occafion to {peak when we come 
 to the Times of the Normans. Formerly, when thefe Places were fubjed to the 
 Longobards, they were, as we have faid, divided into Cajieldati^ which were not 
 
 ' Oflicnf lib. I. cap. 4:- 
 
 ^ Ugliel tnm. i. Iral. S^icr. de Epif Cajet. 
 
 ' Ab. dcNuceaJ Ofticnf. lib. i. cap. 45. 
 
 * V. Du-Fiefne in Not. ad Alcxiad. Anne 
 Comncn. 
 
 true
 
 384 'J'he Civil History of Book VIII. 
 
 true Fiefs, but their Cities were committed to the Government of thofe Lougohard 
 Noblemen as an Office, neither could they be chang'd into Fiefs, as was pradis'd in 
 thofe Provinces that had been long in the Poffellion of xht Lougobards ; becaulethc 
 Greeks, who took them partly from the Saracens, who had taken them from the 
 Loiigcbards, and partly from the Lovgohards themftlves, as we have faid, never 
 knew what Fiefs were. 
 
 THIS Increafe of Power in the Greeks, and the Growth of their Dominion, 
 was the Caufe that the Churches of thefe Provinces, which according to tlie Difpofi- 
 tion of the Emperor Leo, were fubjedt to the Sec of Couftaiitinople, were more 
 ftriftly ty'd down to the Obedience of the Patriarchs of Conjlantinople. Whereupon 
 t\\cYroh.\h\x\onsoi Nicephoriis Phocas became of greater Force agai nil the L^?/// Rites, 
 and which the Patriarchs of Conftanthiople infbrc'd fo much, as to command all 
 the Bifliops of Puglia and Calabria, for the time to come, not to make ufe of un- 
 leaven'd Bread in the Sacrifices, according to the Latin Rites, but of leaven'd, 
 according to the Greek Ulage ; which made the Breach betwixt them and the Popes 
 wider, who on no account would allow of it ; therefore they begg'd the Emperor 
 tJtho, as we ha\'e laid, to fend Luitprandus, Blfhop of Crenwua to Coufiautiiiople : 
 Which Difputes much increas'd in the Pontificate of Leo IX. when the Patriarch 
 Michael Cerularius excommunicated all the Latins, comprehending alfo Pope Leo 
 himfclf, becaufe, among other Reafons, they did not obferve the Prohibition of 
 unleaven'd Bread. Whence it came, that to this Day, there have continued in 
 thefe Places, fome Veftiges of the Greek Rites, which many Churches ftill retain ; 
 tho' the Popes have negledted no Opportunity to abolifh altogether thefe Veftiges 
 of the Power of the Patriarchs of the Eafl, and tho' they may have fucceeded in 
 inany Cities, yet ncverthelels, they are not quite extinft, but ftill continue in 
 Ibmc. 
 
 FOR the fame Realbn we have ground to bclit^e, that in fuch Times in thefe 
 Places, the Novella o^ the Emperors of the EafV, andthe Colltdions of the BafiliCiV, 
 the Eclogues and the other Books, which we have mention'd in the preceding 
 Book, have had fome Force and Authority, and, as we have faid, the Eclogue of 
 the S^y?//V^ being found in T'araiito, and that famous Library of G>yc^ Authors 
 having been prefirv'd for a long Time in Otranto, of which Autonins Galateiis makes 
 mention, are ftrong Indications of the Truth of it. However 'tis true, that though 
 thefe Books may have had fome A uthority, it could laft but for a fhort time, for 
 thefe Places having fbon fallen under the Dominion of the Karnians, who embrac'd 
 the Longobard Laws, they would acknowledge no other but the Laws of thefe Princes, 
 or the Longobard, which is evident from the very Cuftoms of the City of Bar/, 
 taken from the Longobard Laws : This City having been a long time under their 
 Dominion, and govern 'd by their Cafteldati, of which we fliall have occafion to 
 treat elfewhere. 
 
 SUCH then, was the State of thefe Provinces, which now compofe our Kingdom 
 towards the end of the Tenth Century, after the Death of Otbo II. whillt the 
 Brothers Bafilius and Confiantinus reign'd in the Eafl. Puglia and Calabria 
 (Provinces which fo far extended their Bounds, that they comprehended all Puglia, 
 Japigia, Mefapia, both the Calabnas, with that Part of Lucjnia, which ftretches itfelf 
 towards the Ionian Sea, and therefore had hcmm'd in the three Principalities oi Capua, 
 Benevcnto and Salerno") were fubjeft to the Greeks. 'TheDukcdoms of yI/nalpbis,Naples 
 and Gi?^^^, though they retain'd the Form of Commonwealths, yet by amoft antient 
 and jufl Title, they depended on the Emperors of the Eafl. Aloara, with her Son 
 Landemdphus, reign'd in Capua. In Salerno, Pandulphus his Brother ; in Benevcnto, 
 Pandnlpfjiis II. who having driven out Landulpbus IV. the Son of Iro7i-head, had 
 likewife fbon after affociated in the Principality Landulpbus his Son, whom therefore 
 we fliall call Landulpbus V. 
 
 BUT there would have been lefs Confufion, if thefe Three Principalities, tho' 
 much diminifli'd by the Greeks, had at leafl acknowlcdg'd only three Lords ; they not 
 only own'd the Emperors of the Weft, as Kings of Italy for their Sovereigns, who, 
 in thefe later Times, govern'd with a high Hand, but likewife their being divided 
 into many Counties, was the occafion of their Ruin. The Principality of Capua 
 was divided into the Counties of Fondi, Sejjli , /lquino,1'eano, yllife ,Ci'Jerta and others ; 
 that of Benevcnto into the Counties of Marfi, Ifernia, Cbieti, and fome other.'; ,- 
 that of Salerno, into the Counties of Confa, C.rpaccio, Corncto and Clievto ; and 
 
 manv
 
 Book VIII. the Kingdom of N A P L E S. 
 
 38) 
 
 many Noblemen had made thetnfelves Lords of the Cafllcs of that Principality ; 
 lb that many of thele Counts rcckoninsi; thcmfelvcs, as they were, of the fame 
 Race of Atcmilpbusj fomc of them as beinc; delcendcd from the Princes- of Salerno^ 
 from Vaffals, made themfelves ablblutc Lords of their Counties, fiich ns the Counts 
 of Aquino^ Marfi^ Ifernia^ St. Ag.itba and others. The very Monks of Calfino pre- 
 tended to an abfolutc Dominion over all thofe Cafllcs, which, by degrees, they had 
 acquir'd from the Bounty of fundry LciJgoluv.-d Princes ; and the Abbot of ]<ii,ce ' 
 has endeavour'd to maintain, that they poffefs'd them as Free-holds, and not as Fiefs, 
 that they acknowledged no Lord, and chcrefore were fubjed; to no Services, for which 
 Caufc they fortified them, hired Soldiers for defending them, and maintain'd Troops, 
 after the lame manner as the Abbot of St. Gal and other Prelates in Germany 
 do. 
 
 I T would have been a Miracle then, if the Dominion of the Lmigohards had 
 lafted longer in thefe Principalities ; for they had introduc'd fiich a Polity, as gave a 
 fair Opportunity, and pav'd the Way (ov the Koriimns to fubdue them. Neither 
 could the Dominion of the Greeks be of long Duration in thefe Provinces; for they 
 behav'd themfelves fo haughtily towards their Subjefts, neglecling to drive the 
 Saracens out of them, that they were the Occafion of their own Ruin, and open'd 
 a wide Door to the Normans, who, in procels of Time, fubjedled them to one 
 fingle Prince, and laid the Foundation of a very ample and well regulated Monarchy, 
 as we fhall fee in the following Books. 
 
 ' Ab. de Nucc Chr. Oft. lib. i. cap. 5'. 
 
 CHAP. IV. 
 
 Otho III. fiicceeds to the Kingdom and the Empire. New Ren)oIu' 
 tions happen in Italy, and in thefe our 'Provinces on that Ac' 
 count 5 and his 'Death. 
 
 fQftjjP^ 
 
 t" 
 
 is 
 
 H E News of Otho ll's Death, which happen'd in Rome in the Year 
 883, coming to Ge/-w^7/jy when it was jeaft expefted, put all thofe 
 Princes into Confufion ; for tho' Otho II. had left another Otho his 
 Son, yet he was only Seventeen Years of Age, which prompted the 
 ambitious Henry Duke of Bavaria, firft Coufin to the deceas'd Otho, 
 to afpire to the Kingdom of Germany. The Koinans demanded an 
 Italian, nam'd Crefcentius, for Emperor ; but the Germans quickly broke thefe 
 Meafures, which they faw would be attended with Revolutions and Confufion ; 
 and eledled Otho III. for their King, with the Confent likewife of Pope BenecUfl. 
 
 BUT this Prince being fo young, and unfit for governing fo great a Kingdom, 
 was the Occafion of terrible Dilbrders, no lefs in Germany than in haly i for while 
 Otho was altogether intent on quelling the Tumults which his Election had occafion'd 
 in Germany, Sedition and grievous Mutinies arofc in Italy. Pope Benedifl dying in 
 Rome, Peter, Bifhop of Panjia was elcdted, who call'd himfclf 7''Z'« XIV. ' j and 
 'tis very probale, that he being Othn's Chancellor, was, by his Recommenda- 
 tion, advanced to that Dignity. But Boniface, the Cardinal Deacon, who had 
 
 Sigon- A. 984. 
 
 JH 
 
 for-
 
 ^86 The C I V I L H I s r o R Y of Book VIII. 
 
 formerly poflcfs'u that Chair, and had been driven out of it, and ficd to Conftan- 
 tiJicple, being provok'd by the Injury which he thought had been done him, return'd 
 from ConfiiVitiiiople and came to Kane in the Year 985. and having rouz'd up thofe 
 of his Fadion, and gain'd the People, got the Upper-hand ; he impriibn'd 
 Pope jot)!^ and fhut him up in the Caftle St. Angelo^ where at the End of four 
 Months he died of Hunger j but Boniface furviv'd him only other four Months, for 
 he died fuddenly, and Jcl^n XV. was exalted to the Pontificate, who made Aiiiatv.s 
 Metropolitan oi Salerno^ whom jB(?//fiY/(f? a little before had made Archbifhop. 
 
 BUT Crefceutius, who in Oppofition to Otho^ had aifum'd the Title of Conful, 
 and made himfeif Mafter of Caftle St. Aiigelo, frighted Jobn^ and oblig'd him to 
 retire into i'ufcany, and to beg Otbo to come into Italy to re-eftabli(h him in his See. 
 The Romans^ who knew by Experience how much the Vifits of the Emperors us'd 
 to coft them, recall'd Jchi j but neverthelefs Crefcentius maintain'd liis Authority 
 in l\ome. Otbo coming into Italy in the Year 996, ftay'd fomc time in Kavcnna^ 
 and while he was in that City Pope John died. The Romans by the Emperor's 
 Order were forc'd to eledl Bruno, his Coufin German, Pope, \^ ho took the Name 
 ofC/f^ory V. but Crefcentius quickly turn'd him out, and plac'd JoZ;« Bifliop of 
 Placentia in the Chair. This Adion was not long unpunifli'd, for Otbo came imme- 
 diately with his Army, and re-eftabli(h'd Gregory. John with Crejcentius fled to the 
 Caftle St. Angela ; but the Emperor befieg'd it, which would have been very hard to 
 take, [[Crefcentius, who defended it vigoroufly, had not been treacheroufly kili'd. 
 The new Pope 'John was taken, his E)cs put out, his Nofe and Ears cut off, and in 
 that Condition carried through the Streets of the City upon an Als, with his Face 
 to the Tail of the Beaft. Such were the Revolutions and Difbrders of Ro/tic ^ 
 neither was there Icfs Sedition in Milan on account of the like Rcafons. 
 
 BUT the Diforders were greater in theie our Provinces, and in Capua more 
 
 than any where elfe. In thefe Times, as we have laid, Landemdphus and Aloara his 
 
 Mother govern'd the Principality of Capua, but this Princefs died after fhe had 
 
 rul'd eleven Years with her Son, and within lefs than four Months after, Ibme 
 
 of his wicked Subjedts, in the Year 993, having enter'd into a Confpiracy, impioufly 
 
 murder'd him juit as he had come out of the Church of St. Marccllus, and Laiclol- 
 
 phtis his Brother was elected Prince in his Place ; but the Death of that unfortunate 
 
 Prince did not pals unreveng'd, for I'rafvicndus Count of Chieti, his Kinfman, 
 
 having invited Rinaldus and Oderifms Count of Marf, to his Afliftance, two 
 
 IVIonths after march'd to Capua, and kept it befieg'd for fifteen Days, laying wafte 
 
 all the Country about ' ; and fhortly after Otbo III. being apprifed of the villainous 
 
 Affaflination o? Landenulphus, fent the Marquifs Ugo, with Orders not to raife the 
 
 Siege till the Murderers were delivcr'd into their Hands, fix of whom were hang'd, 
 
 and the reft put to Death by different Torments. And afterwards, it having come 
 
 to the Knowledge of Otbo, that Laidolpbus, who had fucceeded in the Principality, 
 
 had had a Hand in the Death of his Brother, he thought it was a very wicked 
 
 Thing to allow fuch an impious Man to reign in that Place, therefore in the Year 
 
 999. he depriv'd him of the Principality, and banifh'd him to the other Side of the 
 
 iviountains, appointing at the fame time, Adeinarius a Capuan, Prince, who was 
 
 the Son of Balfamo, his own Creature, whom he had brought up from a Child, 
 
 and to whom a little before he had given the Title of Marquifs ' : So that according 
 
 to the Prophecy of St. Nilo, he was the lail that reign'd in Capua ex Semne Aloarx. 
 
 But Ademarius injoy'd this Promotion but a Ihort time, for on account of his 
 
 unworthy Behaviour he was quickly turn'd out by the Capuans, and Landulpbus of 
 
 St. Agatha, preferr'd to the Principality, who was the Son of Landulpbus Prince of 
 
 Benevento, and Brother to Pandulphiis II. who reign'd in Benevento after he had 
 
 driven cut Landulpbus IV. At this very Time there were other Misfortunes which 
 
 invited the Saracens into this Principality ^ for thefe cruel Enemies having over-run 
 
 and deftroy'd Campania, in the Year 1000, affaulted Capua and took it. Of which 
 
 Otbo being apprifed, he immediately went into Italy, defeated the Saracens, and 
 
 drove them out of Capua and its Confines. 
 
 THERE happen'd no lefs Diforders in the Principality of Salerno, for after 
 Jron-beacW Death, his Son Panditlphus, as we have laid, was left Prince, having 
 been adopted by Prince Gifulphus I. but he held it only a few Months alter his 
 
 ' S'goii. A. 5', I. ' Oflieiif. lib. 2. c if. V, Cam- Pel. in 'eric Com. cap. pag. 207. 
 
 Father's
 
 Book VIII. ?/:;^ K iNGDOM 0/ N A P L E S. 587 
 
 Father's Death, for being depriv'd of his AlTiftance, the fame Year 981. that his Father 
 died, he foon loft the Principality, into which Maiifo Duke of Amalpbis intruded 
 himlelf, who together with John l.hh Son, held it two Years'. OthoW. imme- 
 diately the fame Year 9S1, in the Month of Dccemici^ not being able to bear the 
 Intrufion of Manfo, befieg'd Sc.lenw, in order to drive him out of it, as not being 
 its lawful Prince ; hut Manfo having found Means afterwards to pacify the Em- 
 peror, he prevail'd lb much with him, that he allow'd him to keep the Prir.cipaliry. 
 
 NEITHER did O^y^o dcfign to reftore Paiidnlphtts^ perhaps becaufe he was 
 likewile reputed an unlawful Prince, having fliccceded to that Principality by the 
 Adoption of Gifiilphns ; for the Feudal I,aw % which by Degrees had been intro- 
 duc'd into thefe Places, prohibited adopted Sons to fucce-td to the Fiefs of the 
 adoptive Fathers. However that may be, Manfo^ according to the Salertiitan 
 Chronicle, as we have faid, affociated John I. his Son in the Princip^Uity. But 
 afterwards, in the Year 983, OtboW. dying, the Sa! emit ens, not pleas'd with the 
 Go\'ernment of Manfo Duke of Amalpbis, on account of the continual Enmity and 
 JaiTings which were betwixt the Amalpbitans and the Salsrnitans, quickly drove 
 him out, who had likewife been already turn'd out of the Dukedom of Anialphis, 
 (altho' he afterwards recover 'd it, and reign'd for other fixteen Years) and in his 
 Room eled:cd Giovamti di Lamherto, who was nam'd II. to diftinguifh him from 
 Giovanni I. the Son of Manfo, call'd di Lamlerto from his Father's Name, perhaps 
 a-kin to the Dukes of Spoleto, who often made ufe of the Names of Lai.iberto and 
 Guido i as this Gio-vanni call'd his Son Guido, whom he made his Collegue in the 
 Principality. Gio'vamii II. with Guido, reign'd from the Year 983 to 988 ^ ; but 
 Guido dying that Year, he affociated his other Son, nam'd Guaimarus, with whom 
 he reign'd to the Year 994. The fame Year, one Night as Vefuvius began to 
 vomit out Fire, Giovanni was found dead lying by a Whore * : So that the Vulgar 
 were the more confirm'd in their Belief, that when Vefuvius vomited Fire, the Soul 
 of fome rich wicked Perfbn was carried to Hell. Guiamarus III. fo call'd, becaufe 
 there had been two Princes in Salerno of that Name before, and OJiienfis ' likewife 
 calls him the Elder, todiftinguifli him from Guaimarus his Son, who fuccceded him 
 in the Principality ; after the Death of his Father govern'd Salerno to the Year 
 1018. Afterwards, having aflbciated his faid Son Guaimarus IV. he held it to the 
 Year 1 03 1. in which he died. His Wife was Guaidelgrima Daughter of Pandulpbus II. 
 Prince of Benevento, and S'liicT of Pandulpbus IV. Prince of Capua, whom OJiienfis 
 therefore calls his Brother-in-Law *. 
 
 BENE VE XTO was never after feen in ib majeftick and flourifhing a Condition 
 as formerly, for by reafon of the Diforders and Tumults which had lately happen'd 
 on account of the turning out of Landulpbus IV. the Principality was govern'd by 
 Pandulpbus II. who was always jealous of, and quarrelling with the Princes of Capua. 
 However, in order to maintain the Principality in his Pofterity, in the Year 987. 
 he had affociated his Son Landulpbus, who was nam'd V. who afterwards begot a 
 Son likewife nam'd Pandulpbus, whom the Grandfither in the Year 1014. affociated 
 with himfelf in the Throne, and reign'd together with his Son and Grandfbn to the 
 Year 1014, when he died '. Landulpbus V. continn'd in the Principality together 
 with his Son Pandulpbus III. to the Year 1033. in which he died -, this Pandul- 
 pbus III. likewife in the Year 1038. affociated a Son of his nam'd alio Landulpbus, 
 and therefore was call'd VI. To the Calamities of Benevento was added, that 
 Otho III. hated the Beneventans, becaufe it was faid. That they, together with the 
 Romans, dcfcrted Otbo his Father in the Battle againfl the Greeks : So that having return 'd 
 from Monte Gargano in a great Rage to Benevento, becaufe of the Hatred he bore the 
 Beneveutans, he took from them the Body of St. Paulimis, and carried it to Komc *, 
 
 I N the mean time, Otbo, to quiet the many Diforders which had conrinu'd in 
 Rome on account of the Rebellion of Crefccntius, not thinking it fufficient to have 
 caus'd this Tyrant to be put to Death, went to Row^ in the Year looi, left the 
 Romans fhould endeavour to ftir up new Commotions ; but not being able to fupprefs 
 a new Confpiracy that was hatch'd againfl him, for want of fufficient Forces, he 
 
 ' Chron. Salcrn. apud Pcllcgr. in Stem. 
 Pr'iic Salcrn. 
 ^ Lib. 2. tir. 26. 
 ^ Pell, in Stem. Pi inc. Salern. 
 * Per Damian. lib. i.cpifl.j. 
 
 * 
 
 5 Oftlcnf. lib. I . c. 57. 
 
 * Idem lib. 2- cap. y?.! 
 ' Fellcgr. in Sreni. 
 
 * a'lgin. ad A looi. 
 
 thought
 
 388 
 
 The Civil History of Book VIII. 
 
 thought it more convenient to leave Rome, and march towards Lcmhardy. 'Tis faid, 
 that at his departing, the Wile of Cirfcciitius, wliom the Emprrnr, in Expedration 
 of the Kingdom, had intic'd to grant him the laft Favours, now feeing hcrlelf 
 difappointed, all in Tears, gave him a Pair of poifon'd Gloves ', with which Otbo, 
 being infenfibly infedted, died. Leo Oftieiifts - and AHtouiiiv.s Archbifhop oi Florence ^ 
 relate, that he died of Poifon prepar'd in a Potion, and not in Gloves ; which is 
 more probable, it being repugnant to the Rules of Phyfick, according to the Obfer- 
 vations of ReJi, that Poilbn given in fuch a manner, could have fo much Force and 
 Power as to coagulate or thin the Blood lb as to kill a Man. Indeed, Ofbo was 
 Icarcely got to Paterno, not far diftant from the City of Cajielliiia, when he was 
 taken ill, and there, before he expir'd, declar'd that he died of Poilbn: Some will 
 have it that he died in Sutn this fame Year looi, fuch as the Anonymous CaJJinenfis j 
 others, to wit Sigoiiius, follow'd by i?^ro«/«5, in the Year after, 1002. We have 
 many Laws of this Emperor ftill extant, likewife collected by Gcldaftm •• ; but not 
 having left Male-Iffue, and the Race of the Othos being extindt in him, the 
 Germans were put in a terrible Confufion on account of the new Eledlion, which of 
 neceflitv behov'd to fall upon a Prince of another Family. This therefore gave a frefli 
 Occafion to our Italians to aim at the Empire and the Kingdom oi Italy ^ which 
 they pretended to, by fetting up Ardoino the Son oi Dodo Marquiis ofEporedia, 
 which rcnew'd their wonted Confufion. 
 
 Sigon. &: Baron, ad A- 1002. 
 Oftienf. lib. 2. cap. 24. 
 
 ' Antonin. 2. par. tit. 16. cap. g. §. 4. 
 * Gold. torn. 5- pag. :5ii. 
 
 CHAP. V. 
 
 The Injtitut'wn of the Eh£iors of the Empke, and the Ele^ijon of 
 
 Henry 'Duke of Bavaria. 
 
 [IS commonly believ'd that at this Time, the Inftitution of the Eleftors 
 of the Empire had its Rife ; for 'tis faid, that Otbo III. defpairing of 
 Male-Iffue, and forefeeing the terrible Difbrders that were like to enfue 
 in Germany on account of the Eledlion of his SuccelTor, refblv'd in his 
 Life-time, with the Advice and Authority of Gregory V. to eftablifh 
 a Me-thod ofEledlion; and that in order to prevent Confufion, he 
 reftridted what was the Right of all the Princes of Germany, to only feven Eledors ; 
 and from thence thofe we now call the Eledlors of the Empire had their Rife. 
 
 BUT as the Author from whom this College had its Inflitution is uncertain, fb 
 likewile the Time when fuch a Cuflom was introduc'd is more uncertain. Writers 
 difl^'ering in their Opinions about it. Some ' carry it too £ir back, and will have 
 Charles the Great to be the Author of it ; but all Writers rejedt this Opinion as 
 repugnant to Hiflory ; for 'tis manifcft that this College was inflituted a long time 
 after; and fiom what has been related in the preceding Books of this Hilirory, 'tis 
 very clear, that the Succeflbrs of Charles the Great were eleded Emperors, not by 
 certain Princes of Germany^ but by all the Princes of France, yea rather by the 
 preceding Emperor in his Life-time, or by his laft Will j and the Empire, as if it 
 had been Hereditary, continu'd in the Race of Charles the Great, till Lewis III. the 
 
 Jordancs in Chronico ex Inn. III. in cap, ycncrabilcm, dc Eleft. 2t Elefti poteftate. 
 
 lafl
 
 Book VIII. the Kit^cDOM of H AV LES. 389 
 
 laft of Cbadesh Lineage, not leaving Male-Ilfue, was overcome by Berengarius of 
 Verona, and loft both his Life and the Empire. Whereupon, as we have feen in 
 the foregoing; Books, the Empire began to decline ; for the ItjUaiis and Knmaus 
 acknowledg'd none others for Kings of Italy and Emperors, but thofc only, who by 
 Strength of Arms overcame their Enemies; thus Bereugartus^ Lewis Bo/ou^ Hugh 
 oi Aries, Lotbaire h\s Son, B^odolphiis oi Binr.uudy, and others, by pofleffing them- 
 felves of L'Jly, fet up to be Emperors. On the other hand, tlie Princes of France 
 and Gerinar.y aclcnowledg'd Cnnrade King ofOeriiiaiiy, who was of the Race o?Cbarles, 
 for Emperor, who being at the Point of Death, as Nanclertis relates ', perfuaded 
 thele Princes to eled Henry Duke of &?xoi:y for his SucceflTor. But neither Conrade 
 nor Henry had ever the Title of Emperor, until after thefe Events tliat Otho the 
 Great was eleitcd (according to Xauckrus') ah ovini fcfnlo Francoruvi.^ & Saxomim, 
 who having conqner'd Italy, acquir'd likewile, with the Confent of the People of 
 Koine, the Title and Dignity of Emperor, and was anointed and crown'd by the 
 Pope in Kon/c. And thofe who fucceeded Otho, fuch as II. and III. Otbu's, as if it 
 had belona'd to them by Hereditary Right, were alfb elected Emperors by all the 
 princes oi Germany, as we have feen : So that to carry back this Cuftom to the Time 
 oi Charles the Great is a manifeft Error. 
 
 THIS falfe Opinion gave Rife to another, that the Origin of this College ought 
 to be dated from the Time o^ Otho III. who defpairing of Alale-IiTue, and foreseeing 
 the Confufions th.it were like to happen about the Eled:ion of his Succeflbr, with the 
 Advice and Authority of Gregory V. confin'd this Faculty which belong'd to all the 
 Princes o(Gcr?naiiy, to feven only. 
 
 BUT Ouufrtus Panvinitis '^ Yikew'lfe rejedts this Opinion, and will ha\'e it that 
 this College of leven Eledors was not inllituted till after the Death of Frederick, 
 by Pope Gregnry X. ; for he fays, that a long time after the Death of Otho III. 
 all the Princes of Germany, as formerly, both Bifhops, and Laick.'--, elected the Em- 
 ptrors ; and that Henry II. Conrade I. and II. Henry IV. and V. Lothaire II. 
 Frederick I, and Philip I. were thus eleded. But this Opinion is as falfe as the 
 other, leeing that long before Gregory X. thefe feven Eledors are mention'd by 
 ancient Writers : Martinus Pcloniis, who wrote under Innocent IV. Leo Oftienfis, 
 who flourifh'd under Urban II. and the Council of Lyons which was held under the 
 lame /HPocf/i? IV. mc-ition them. Whereupon Baronius, in order to avoid falling 
 into the Error of Onufrius, ftumbles upon another, and fays, that the College of 
 Eleftors was firft inftituted hy Innocent IV. in the Council of Lyons, and not by 
 Gregory X. but that Opinion is likewife found to be erroneous by what is faid of Gre- 
 gory X. j for the "W'riters who flourifh'd before the Council o^ Lyons, or about that 
 1 ime, fpeak of this College as a Thing \ ery ancient. The Author of the Book 
 De Regnrane Prtncipum (uniuftly attributed to St. 'Thomas, fb that our Cnjacius * 
 wrongfully loads this Saint with Reproaches, believing him to be the Author of it, 
 and fays, that he rav'd through the whole Book) flourifli'd before the Council of 
 Lyons. Oftieufis, who wrote his Chronicle before this Council, and Aiigiifimus 
 ^riumpbus, who foon after wrote concerning the Inftitution of the feven Eledlors, 
 carry it back to the Time of Gregory Y. and mention it ns a Thing of great Anti- 
 quity j whence 'tis very unlikely that it had its Rife in the Time of the Council of 
 Lyons. Befides, the feven Eleftors mention'd in that Council, differ both from the 
 prefent and the ancient. Martinus Polonits fays, that to his Time they confifled of 
 the three Chancellors, to wit, the Archbifhop of Mentz, Chancellor of Germany, 
 the Archbifhop of Triers, Chancellor of France, and the Archbifhop of Cologit, 
 Chancellor of Italy ; and four other Princes likewife Officers of the Empire, to wit, 
 the MRrcu'ils of Brandenburg GreM Chamberlain, the Eledor Palatine Butler, the 
 Duke of Saxony Sword-bearer, and the King of Bohemia Cup-bearer. For thofe 
 mention'd in the Coui.cil of Lynns were different Perfoiis, to wit, the Dukes of 
 Auliria, Bat-ana, Saxony, and Brabant ; the Bifhops were thofe of Cologn, Mentz, 
 jmd Saltzhv.rg. 
 
 IN fb great a variety of Opinions it feems more probable, that the Inftitution of 
 the College of Eledors was in the '1 ime of Otho III. but that the Cuflom and 
 Pradice of having only feven Electors prefent at Eleftions, was later * ; for grave 
 
 ' Naucl. generat. :!i. A. 9:57. 1 ' Cujac de Feud. 
 
 * Ilonufr. in Jib. deComitis Imperii. ' '' V. Du Pin, de Antlq. Eccl. difc. dif. 7 
 
 < I Authors
 
 35?o Tie Civil History cf Book VHI. 
 
 Authors Riate, th.it Otbo having no hopes of Malc-Iflue, r.nd to ?.void Confurion in 
 the iJcflion of his SiiccefTor, couiulttid Gregcvy Y. aboi;t t!ie Method that was 
 proper to be obferved in the Lleiilion of the Lmpcrors, to which Hkewiie the Con- 
 i:v.t of the Princes o^Gcruuny was reqiiiHte, to whom fuch Llcdion beiong'd ; and 
 'm pro' -able, that for F<racc fike, and to Ihun Confufion and Faftions, lome yielded 
 their Privilege, by reftridting the Number of the iiledors to feven : Altho' it be not 
 recorded in Hiftory that fuch a Practice took Place fo foon ; for many Princes not 
 being willing to part with this their Frrrogative, would likcwiie be prefent nt the 
 Iile<5lions. So we read, that Uenry the SuccefTor o£Ctho, was not eledlcd by the 
 ievcn I.le(Soi-s, but, according to Kniclems, by the Princes of Genuany ; and we 
 have alio otlier the like Inftances of many Irinccs and Prelates of Gey;na!:y being 
 prefent, fo that among the Letters oi Gregory VII. we have one of that Pope 
 ilirccftid to all the Bifhops, Dukes, and Counts oi Germany^ for eleding a new King 
 in cafe Henry fhould not recover his PTealth. Thus thofe who fay that the 
 the College of feven Lledtors was inftitutcd under Otho III. and thoic who will have 
 it to be begun no fooner than Gregory X. or Innocent IV. will be eafily reconcil'd j 
 for thefe mean the Ufe and Pradlice, and thofe the Inftitntion only. 
 
 BY which we fee, that the Realonings oi Bclljrninie &\\d his Followers are as 
 vain, and to as little purpofe on this Subjed, as on that other, concerning the 
 Tranuacion of the Empire to the French, in the Perlbn of Cbiirles the Great, or to 
 the Gerriians in thr^t of Otho, in attributing this Inllitution to the Authority of the 
 Pope ; for neither the Pope nor the Emperor himielf could rellri<5t this Faculty to 
 fcvon onlv, and deprive the reft of the iPrinces of Germany, who were to be Lolers 
 bynt, of their Privileges, without their Conient ; and as they could not do it, fo in 
 Fad: it was not done ; and Writers teftify, tliat this Prerogative was confin'd to 
 feven by the Confent of the other Princes. The ancient Chronicle, of which Ibme 
 wiWhdiMQ Albert us Stadenfis lo be the Author, in the Year 1240. bears, that with 
 the Confent of the Princes, the Bifhops of Triers and Mentz clcdt the Emperor ; 
 end yii.gufiinus Tt-iumphtis ' relates^ that in the Time of Otbo, Gregory Y. having 
 furnmon'd, and ask'd the Confent of the Princes of Germany, inftituted the leven 
 Eledors. Leopold'- likewife reports, that in the Time of (jtbo III. who had no 
 Sons, it was ordain'd, that the Eleition of the Emperor fliould be made by certain 
 Vr'mc^s oi Germany, Officers cf the Empire, or of the Impc-ial CoiTt : iBut none 
 gives us a more exact Account of this Inftitntion than Kuicleriis \ who lays, that 
 Otbo III. having no Male-lime, with the Advice of the Princes of Germany^ 
 eftablifh'd, that upon the Eeath of the Emperor, the Eledtion fhould te made in 
 Frankfort, appointing f)r Electors the three Archbifhops, and the four Officers of 
 the Empire abovemention'd ; whence it was afterwards introduc'd, that the liledion 
 of the Emperor, who was not ib call'd, but only Cxfar, or king of the Romans, 
 until lie had been crown'd by the Pope in Route, Hiould lolely belong to thefe 
 i:,led.ors. 'Ihus the Emperor Ot/jo, out of many Frince.s, pitch'd upon leven 
 Officers of the Empire for Eledors, perhaps by the Advice of the Pope, but chiefiy 
 with the Confent of the Princes who gave up their Right j and Pope Gregory V. 
 approv'd of the Eftablifliment made with the Confent of the Princes : So that luch 
 an Inftitntion ought to be attributed to the Emperor, or rather to the Princes of 
 (7t?-;//^;i;y themlelves, than to the Pope, as Carainal Cn/anus ''obferved. And tho' 
 the PraAice was not lb early as the Eftablifhment, neverthclefs afterwards in proceis 
 of 1 ime, the Princes oi Germany, preferring the Good cf thePublick to their private 
 Interefts, difpens'd with their Privileges, and confiad the Number of Ele(5tcrs to 
 leven only, who obtained fueh Authority, not from the Pope nor the Emperor, but 
 from the common Confent of all thole, to whom fuch Election formerly beiong'd j 
 and the Imperial Authority depends altogether on tlieir Eledion, and on none 
 other j and if it was the Cuftom to take tlie Golden Crown in Rome from the Pope, 
 that was only reputed a Solemnity and Ceremony, and was nothing but what was 
 common with him to other Bifhops, who anointed and crown'd their own PrincCa, as 
 was done in the Kingdoms of Italy, France, Spain, and others; So that the Emperor 
 Maximilian, as Guicciarclnt relates ', in a Speech vvhich he made to the Eleiitors 
 
 ' AaguCl. Tilumphu;, lib. de potefiacc Eccl. 1 ' Naucl. gencrat. 54. A. 99}. 
 qu. o,<;. I •' Card. Culim. de Concord. Caft. 1. 3. c. 4. 
 
 ' LcopolJus (Ic Jure Inipeiii. c. ; ' ' Guicc. liilf. lib. 7. 
 
 before
 
 Book Vni. //;^ K I N G D o M 0/ N A P L E S. 591 
 
 bef^ire he went to /.M/y, protcftcd, and plainly declar'd to tliem, that hehad relblv'd 
 to go to Laiy to rsccive the Imperial Ciown with Solemnity (which he knew to be 
 rather Ceremonial than Sublhmtial) Lecaufc, laid he, the Imperial Dignity and 
 Authority dcpLi.d intircly on your Eledtion. 
 
 T H E InttitLuion then of this Eledoral College, though it had its Rife from the 
 Time of OrZ'y III. yet it was not obferv'd in the Elcdion ofIIei:ry Duke of Bcn'j.rij, 
 who fuccecdtd him ; for this Prince, according to the wonted Manner, was made 
 King of GcriJinny by the princes and Prelates thereof In the mean time, our 
 Itali.viis perceiving that Qtbo had left no Sons, conipir'd anew to get the i'^mpire and 
 Kingdom of Italy into their own Hands. In effect, Ardomiis was procliim'd King 
 of Italy ih Pjvia, and tho' it was diiputed with him by Henry, yet he polfeii'd it 
 very near two Years. I'lie Archbifhop of M,hii looking vpon this Elcdion of 
 Ardonius, without his Authority, as an Affront, mov'd Hairy to drive him from 
 the 1 hro le. Not only the Pope, but the Archbiincps of Idi Ian hkcwMc, pretended 
 that the Eledlion of the Kings of Italy belong'd to thtm ; for they look'd on the 
 Ceremony of their crowning and anointing Kings, which at firft was pradtis'd to 
 render the Act'on more Solemn, to I e a Matter of Rij;ht neceffarily belonging to 
 them, andcla;m'd ir, as if the Eleftion had ablblutely depended on them. A Warn- 
 ing (as there are an iniinitJ Number of fuch to bj oblcrvd in the Courf,- of this 
 Hiftory) Loth to People and Princes to be upon their Gmrdagainft Friefts meddling 
 in their Affairs, or any thing that belongs to them ; for what at firlt they get by 
 way of Courtify, or outof Refpect to their Dignity, they af:erwards claim as their 
 Due ; and then, with the utmoft Ingratitude, deny that they owe it to them ; but 
 attribute it to their own Authority and Character. '1 hus Anii'.lphi:s Archbifhop of 
 mtlan (if we may credit Sigouius) held a Council of his Bifnops, and depos'd 
 Ardoiiitis, and confer'd the Kingdom of Italy upon Henry : So that the Popes were 
 grievoiifly offended at this Fact, with regard to Depofitions, which they boaft to 
 be folely in their Power, with refpe6t to Kingdoms and Empires, though at this 
 Time even the Archbifliops cf AIila:i, pretended to depol'e the Kings of Italy. In 
 the mean time Henry, upon ArnulpbHs\ Invitation, fent Duke Otbo into Italy to 
 drive out Ardotmis, and the War was carried on with doubtful Succefs ; but 
 Arintlpbus perceiving, that Ardoiniis, who had laid Wafte all the Mih.nefe, could 
 not fb eafily be driven out of Italy, wrought fb by his Legates, that Henry came to 
 Italy himlelf with a powerful Army, took Verona, where Ardciiius had fortified him- 
 lelf, and confin'd him to Pavia, to which he laid clofc Siege, made himfelf iMaflcr 
 of it, and after having pillag'd it, he fet Fire to it and reduc'd it to Aflies ' ; after- 
 wards he went to Milan, and was immediately crown'd King of Italy by the Arch- 
 bifhop ; whereupon, many of our Italians deferted Ardomiis, and fidcd with the 
 Archbifhop and Henry. 
 
 N O W, that Henry had vanquifh'd and ruin'd his Rival, he went this Year 1013 
 to Koncatrlia, where, following the Example of his Prcdeccifors, he held a D}-ct, in 
 which he made many Laws, as King of Italy, for he had not as yet affum'd the 
 Title of Emperor. There were prefent in the Dyet, according to Cuffom, many 
 Princes, Marquiffes, Counts, Judges, and likewife many of the Ecclefiaftical State, 
 both Archbifhops and Bifhops. It was at this time, th.at th'is Prince enacted thofe 
 Laws which we have in the firft and fccond Books of the L-jngobard Laws % and by 
 the antient Compiler of thefe Books, they were added to the others, made by 
 Henry as King of Italy. Sigonius mentions other of his Laws \ and manj- more 
 were collected by Godalftus "*. 
 
 H E NK T went fhortly after to Ravenna, from whence he fent AmbafTadors to 
 Rone to Pope Benedict VIII. by whom he fignified to him, that he was ready to 
 come to Rome, in order to take the Imperial Enfigns and Crown ' ; He immediately 
 fet out for that City, where being kindly received by the Pope and the Koinani, 
 according to Cuftom, w ith the ufual Ceremonies and Solemnity, he was crown'd 
 wich the Imperial Crown by the Pope, and proclaim'd Ans^tiftiis by the People ; 
 from whence, after having confirm'd the Privileges granted by his Predeccffors to 
 
 V. PcDegr. in Append, pag. ;co. & igne 
 cremavic earn. 
 
 ' Lib. 1 . 1. 56 ;7. dc homicld. liber, hom. 1. a. 
 de Pariicid. lib. 2. 1. 16. de prohib. nupc V. 
 
 Struv. Lift. ur. Ceim. ■;. if. 
 ^ Signn. ad A. loi ^. 
 "^ Gnldaft. torn. ;. p. 511, ^ii. 
 ' Oflienl". lib. 2, cap. 51. A. 1014 
 
 the
 
 39- 
 
 The Civil History of 
 
 Book VIII. 
 
 the Church of Kome, he quickly return'd to Germany, whither he had been recall'd. 
 Thus the Empire and Kingdom of Italy went from the Race of the Otho's to the 
 Houle of Bavaria, in the Perfon of Henry II.; and Ardoinus, who held the King- 
 dom of Italy almoft Two Years, having given over all Hopes of being reftor'd, 
 became Monk in a Monaftery near ^v.riu. 
 
 BUT while Henry reign'd in the Weft, and BafJius in the Eaft, there happen'd 
 Events in thele our Provinces, fo prodigious and great, as at laft terminated in the 
 Dominion of a new People, who, from moft flender Beginnings, by the means of 
 their gallant Adions, were able to unite theie our Provinces, formerly divided into 
 fo many Parts, and fubject to {6 many Princes, under one Head, and who at laft 
 digefted them into the Form ©f a well-founded and fix'd Kingdom, Thefe were 
 the couragious and valiant Normans, whofe Origine and famous Exploits fliall be 
 the ample and fhining Subjed: of the following Books of this Hiftory. 
 
 CHAP. VI. 
 
 The Ecchjlajlical 'Polity of thefe our Provinces, during all the 
 Tenth Century, to the coming of the Normans. 
 
 H E Ecclefiaftical Polity, which was introduc'd among us in thefe 
 Times, began to have fome Refemblance to the prefent, with regard 
 to the Promotion of Bifhops, to be Metropolitans. The Popes 
 giving the Palliiini, claim'd by this new Pretence, a Power over the 
 Bifliops to oblige them to go to Rome to receive it, when he advanc'd 
 them to Metropolitans. From whence comes the Origine of the 
 Claim, that the Caufes of their Diocefles, either in Cafe of Appeal, or Negligence 
 in deciding them, ought to be brought to Rome : And in fine, they pretended to 
 infpeft into all their Affairs ; for which Caufe they made many new Metropolitans 
 and Bifhops. They were fupported in this by the Otbo's, Emperors of the Wefl, 
 and efpecially Otho 1. who, to oppofe the Ambition of the Patriarchs of Conftan- 
 tinople, defended them, and alfb extended their Authority over fbme of thofe States 
 that belong'd to theGn?f^ Empire. Otho I. had good Reafbn to fupport them ; for 
 there was never any Emperor ibmuch favour'd by the Popes as he was. Although 
 the Synod held in Ro7iie by Adrian be difputed, wherein 'tis faid, the Power of 
 elcding the Pope was given to Charles the Great ; yet without all Controverfy, 
 ifo VIII. in a general Council held in the I.ateran, granted to Otho the Great, and 
 to all the German Emperors his Succellbrs for ever, not only the Kingdom o( Italy 
 and the Roman Patriciate, and by an indifToluble Knot, united the Empire of the 
 Weft to the Kingdom of Germany, whence Otho and his Succeffors were afterwards 
 Sovereigns of Rome ; but likewife Power of difpoGng of the Holy See, and of 
 eleding the Pope at his own Will and Pleafure. Befides, he confirm d to him the 
 Plight of Invefliture, which Adrian had granted to Charles the Greet, by gi\'ing 
 him Power, with the Ring and Staff, to invefl the Archbilhops and Bifhops in their 
 Churches. . We have a full Account of this Council held in Rome from Luitprandus ', 
 
 Luirprand. lib. 6. cap. zi. 
 
 Ivo
 
 Book Mil. //;£■ K I N G D o M 0/ NAPLES. 3 p I 
 
 Ivo Crnmtenfjs ', from whom G-i-ntiantook it % and likewife inferted it in his Decree ; 
 and ^bcodorick of Ni/hies, from an antient Florentine Code, likewife inferted it in 
 his Treatife of the Rights and Privileges of the Empire *. 
 
 THUS by their mutually fivouring one another, the antient Difcipline came to 
 be much more corrupted, and the antient Difpofition of the Churches to be chang'd. 
 The Popes therefore ordain'd many Bifhops, and creded many Metropolis's ; but 
 the Advancement of thefc was according to tlie Difpofition of the Cities ot the 
 Empire, by always adapting the Ecclefiaftical Polity to the Temporal ; w hich ex^ 
 adly was the Cafe of thefe our Provinces. 
 
 The Principality of C A ^ U //. 
 
 BENE VEN'I'O and Salerno had formerly been the moft confpicudus Cities in 
 thefe our Provinces, fubjedt to the Longobards ; but at this lime Capua out- 
 fhin'd all the refl. Therefore (laying afide what the Patriarchs of Conftantmople did 
 in the Cities fubjeft to the Greek Empire) the firft City of our Kingdom that w^as 
 advanc'd to be a Metropolis by the Popes, was Capua. The Emperor Lezvis^ in the 
 Year 873, had a mind to make Capua a xMetropolis ; but as Ercbempertns relates-', 
 being diverted by other Affairs, his Defign did not take Effed:. But John XIII. 
 being cruelly perfecuted by the principal Roman Eords, who drove him out of Rome, 
 coming to Capua, was kindly receiv'd by Prince Pandulpbv.s ; the Pope out of 
 Gratitude for this Favour, in the Year 968, raii'd Capua to a Metropolis, and con- 
 fecrated John, the Brother of this Prince, Archbifhop 5. He had for Suffragans 
 the Bifhops of Auna, which Bifhoprick was fupprefs'd in the Time of Pope 
 Eugene III. that of Ifernia, which formerly had been united to the Churches of 
 Venafro and Bojano, that of Sejfa, which afterwards was disjoyn'd from this Metro- 
 polis, and put under the immediate Subjedlion of the Pope ^ and in procefs of Time, 
 Bifhops fWl multiplying in this Principality, he alfb had for Suffragans, the Bifhops 
 of Cajazza, Carmola, Calvi, Caferta, Teano and Venafro. The Bifliops of Aquino, 
 Fond:, Gaeta and Sora, were likewife his Suffragans, but thefe being afterwards 
 withdrawn from the Church of Capua, were fubjeded to the Apoftolick See im- 
 mediately. 
 
 The Principality of BENEVENrO; 
 
 THE Principality of Benevento did no lefs deferve this Honour than that of 
 Capua ; its being of greater Extent than all the other Principalities and Dukedoms 
 requir'd it more. Therefore the Archbifhop of Benevento had likewife more 
 fuffragan Bifhops than all the Metropolitans of our Kingdom. Benevento was alfb 
 in the Year after 969, by the fame Pope John XIII. advanc'd to be a Metropolis j 
 and as it was the Head of fb large a Principality, fb the Polity of the Church keep- 
 ing pace with that of the Empire, the Bifhop of Benevento became the Head of all 
 the Churches of the Principality. Out of rcfpedt to the Emperor Otbo, and Prince 
 Pandulpbus, Landulphus was appointed Archbifhop of Benevento, to whom Pope 
 John gave the Palliuw, and Title of Metropolitan ^. What is particul-irly obferv'd 
 in this Church is, that the Bifhop of Benevento, before he was advanc'd to the Rank 
 of Metropolitan, had Sipouto, and many other Cathedral Churches flibjed to him. 
 He was the mofl favour'd, both by the Popes and the Emperors, and had many 
 Prerogatives and Privileges from his own Princes. He was once honour'd with 
 thole two fignal Prerogatives, which now are referv'd to the Pope alone, to wit, 
 to w-ear a round Mitre, in the fafhion of the antient Pontifical ,.,.;„,. ., , , 
 * 'Tiara, with one iingle Crown, embellifli'd with Gold ; and while 
 he was vifiting his Province, to carry along with him the venerable 'Sacrament of 
 the Altar ; and he as yet retains, after the Manner of the Popes, the Cuffom of 
 figning his Bulls with a leaden Seal. The Archbifhop oi Benevento had once the 
 
 ' Ivo In Pannom. lib. S. c. 1 36. 
 *Grat.c. 2;. dift.6v 
 3 V. Struv. hirt. jur. publ. ^. 2. 
 *Ercliemp. num. ;6. 
 
 ' Leo OfVienf. lib. 2. cap. 9. Sigon. lib. 7. 
 A. 966. Baron. Anna!, ad A. 968. Pcllegr. in 
 
 5 K Temporal 
 
 Serie Ab. CafT. in Aligern.pag. 57. 
 
 ^ Anon. Salem, part 2. num. f. ;;nd there 
 Pellegr. Chron. Monatl. S. Bart, dc Carpineio, 
 lib. I. V. Baron, aj A. 96S. Alarium Viper, in 
 Chron. Hpilt. & .Archicp. Htn. lib. 2.
 
 ^94 ^^^^ Civil H i s i o r ^ of Book \'\\\. 
 
 Temporal LordOiip of the City of Varano, with many other Towns and Cafllci, 
 and exercis'd Jurifdidion in many Places ; and as yet his Vicars are Judges Ordinary, 
 in Matters of Appeal in Civil Cauics, betwixt Laicks ; and they retain to this Da\ , 
 both the pure and mix'd Jurifdidion over the Villages of St. Angclo and Mctta^ as 
 i'ghellus relates '. 
 
 'the Extent of his Principality, likewife of courfe made the Number of 
 
 fuffragan Bilhops to be greater than that of all the other Metropolitans in thefe 
 
 Provinces. They once came to the Number of Thirty-two, till fome of them were 
 
 rais'd to beMetropobtans, iuch as that of S'rpouto ; or were immediately llibjeded 
 
 to the Apoftolick See ; and others, their Cities being deflroy'd, were fupprels'd. 
 
 Hitherto he had for Suffragans, the Bilhops of St y^gatba ds Goti, Avellmo, Arriano^ 
 
 Afccli, Bovmc^ J'clliiiw.z, Lartuo, T'eleje, Alife and Siponto. The Popes afterwards 
 
 having made more Biflwps in the Kingdom, and rais'd many Churches to be 
 
 Cathedrals, the Number of Suffragans increased : So that now, by a new Diftribu- 
 
 tion, the Kingdom being divided into many Provinces, we fee that this Metropolitan 
 
 has fuffragan Bifhops, not only in the Pnucipato ultra, but alio in other Provinces. 
 
 In the County of Molife, he has the Bifhops of Bojam, and Gardia Alfiera. 
 
 In-the P)7«c//)<7<'(3 nr-^hehasFive, the Bifhops of ^w ///wo, Antano^ TrrJco, Voltu- 
 
 vara and Monte M^.raiw : In Terra di La-voro he has Three, to wit, that of St. Agatha, 
 
 deGoti, Alife and felefe: In tht Capita.}! at a Six, to wit, Afcoli, Bovim, Larim, 
 
 St. Severe, T'ernwli and Lucera. The Biiliopricks ^f Draconaria, Cividade, Firen- 
 
 zuola, Fria-ento, Lefina, Monteccr^iuo and 'Tiirtiboli, which were Suffragans to the 
 
 Arrhbifhop of Beuevcnto, by reafon of the Defolation of their Cities are now cx- 
 
 tindt and the Revenues united to other Cathedral Churches i and thole of Lejiiin 
 
 to the Magnificent Hofpital of the Annnntiation in Naples. 
 
 H E had likewife in this Province, when Siponto and Monte Gargano were compre- 
 hended in the Principality of i?^«erc;;^(?, the Sipontiue and Gargaiiican Churches, that 
 had been aflign'd to the Bifhop of Beiieveuto, from the Time of St. Barbatus by 
 Duke Komualdus, with the Confent of Pope Vitaliamis, who, in the Year 668, con- 
 firm'd the Sipontme Church to Barbatus and his SuccefTors ; and the Bene'ventan 
 Bifhops were likewife call'd Bifhops of Siponto for near Four hundred Years ; {o that 
 Landidptus, who was the firft Archbifhop o( Bene-ventc, had alfb thel'itle of Bifhop 
 of Siponto ; but when this Province was afterwards taken from the Greeks by the 
 Lovfrobards, and fell under the Dominion of the Kor/nans, they were disjoyn'd from 
 Benetento and Siponto, and the antient Bifhop's See was advanc'd to a Metropolis. 
 The Stpontine Church from the earlieft Times, had its own Bifhops ; and in the 
 Adts of the Roman Council held in the Year 465, under Pope llilarius, we read the 
 Subfcription of Felix Bifhop of Siponto. We find another Feli.s; likewife Bifhop of 
 this City, in the Time of Gregory the Great, to whom we fee many Letters of this 
 Pope directed ; and in the Decree of Gratian % there's mention made of Vitalianus 
 Bifhop of Siponto, to whom St. Gregory likewife directs his Letters. Afterwards, on 
 account of the cruel Wars betwixt the Beneventan Longobards, and the Neapolitan 
 Greeks bein^rcduc'd to a lamentable Condition, it w.is, as we have faid, united to 
 that of Benevento ; from which it was not disjoyn'd till the Time of BeneditJ IX. 
 ■who in the Year 1034, feparated it from Benevento, and honour'd it with the 
 Archiepifcopal Dignity, and from that Time we frequently find the Names of the 
 Sipontme Archbifhops in the Decretals K Pafcbal II. gave it afterwards the Bifhop 
 of Vefti for Suffragan, which it keeps to this Day. 
 
 THESE Archbifhops retain the Title of Sipontine, though Siponto be now 
 deftroy'd, and another City built upon its Ruins by Manfrede, from his own Name, 
 call'd Manfrcdonia. The Popes, both out of regard to Antiquity, and the Hatred 
 they bear to the Name of Manfrede, have made it retain its antient Name. The 
 Prebends and Gar^anican Citizais likewife pretended, that the Sipontine Archbifhops, 
 either on account of the Pleafantnefs of the Place, or becaufe of Wars, having 
 frequently rcfided in Gargano, ought to be call'd not only Sipontine, but alfo Garga- 
 nican, and that their Church, as well as that of Siponto, ought to enjoy the fame 
 Hono'urs and Prerogatives ; they alfo quote for it, a Bull of Pope Eugene III. and 
 they commenc'd a Suit upon it in Rome, which lafted many Ages. But Alexander III. 
 
 ■ V. Ughel. Ital.Sacr.de Archiep. Ben. 1 ' Decretal, c. te refercnte, de Celebrat. Mif. 
 
 '■ Deer. can. fi juftos 27. qu. 2. ' c. 2. de Adulter. 
 
 gave
 
 Book Vni. the K i n g d o m of NAPLES. 595 
 
 gave it at^ainfl: them ; for having examin'd Eugenius's Bull, it was found to be raz'd 
 and vitiated in that Part, on which they laid their Strefs. The Succeffbrs of 
 Alexander^ to wit, Lucius^ Cekftine^ Inmceut III. and all the other Popes, h.avc 
 ronfirm'd his Sentence : So that the Sipoitiuc Church alone retains the Honour of 
 Metropolis, to which the Garganican are fubjecl. 
 
 THERE are fbme who believe, that when Beuedi^ IX. advanc'd Sipnito to a 
 Metropolis, he likewife gave it four Suffragans, to wit, the Bifliops of T't-nja 
 Melpljis, Monopoln, and Rapolla ; but, as Ugbellus v/eW proves, thefe either never 
 or but for a fhort time acknowledg'd the Archbifhop of Siponto for their Metropo- 
 litan ^ for in xhe L.iter.vi Council which was celebrated in the Year 1 179, under 
 Alexander III. the Bifhops of Melpbis and Mompolts fubfcrib'd with the other 
 Biftiops that were immediately lubjedl to the Apoftolick Sec ; and thofe of Trojn 
 and Kapolhi were not pre'ent ; and in the old Roman Provmci al^ written more than 
 Five hundred Years ago, thele two are faid to belong to the Provinc(? of R.or,/e, and 
 of late that of Kapolla became extin<5t, and was given to the Bifhop of Mclpb/s 
 
 W E do not find at this Time that the Bifhop of Benevento had Suffi-agans in the 
 two Api-iizzi, which were formerly comprehended in the Principality of Beneventn ■ 
 for the Bifhopricks of this Province, as being near to Rome, were immediatelv under 
 the Apoftolick See. Aqjiila built by the Emperor Frederick II. upon the Ruins of 
 Amiteruo^ of whofe Bifhop there's frequent mention made in the Letters of St. Gre<^ory 
 the Great^ was made an Epilcopal See by Alexander IV. who with the Confent of 
 £f/-«.t/-ri Bifhop of Forco, about the Year 1257 tranflated the See to Aquila^ and 
 having fix'd it in the Church of SS. Maximiis and George, ordain'd that he fhould be 
 no more call'd Bifhop of Forco, but of Aquila, as appears by the Bull made for 
 that purpofe, recorded by Bzoviiis in the Ecclefnftick Annals, of which there is 
 an authentick Copy on Parchment preferv'd in the Archives of the Convent of 
 St. Do7Htntcns in Naples^ which was extracted at the earneft Defire of the Vicar of 
 Paul its Bifhop in the Year 1363. And this Church is Suffragan to no Metropoli- 
 tan, but immediately under that of Rome. Cbieti likewile had its own Bifhop 
 immediately fubordinate to the Pope, and was not till of late made a Metropolis by 
 Clement VII. in the Year 1527, to which the Bifhops of Pemta, Adrta, and Lan- 
 ciano were made Suffragans ; but thefe alfo withdrew afterwards, and fubjedled 
 themfelves immediately to Rome ; and Lanciano was thereafter rais'd to a Metro- 
 polis, but without getting any Suffragan, retain'd only the Pre-eminency and Title 
 of Archbifhop; and at prefent the Bifhop of Ortona remains the only Suffragan to 
 the Metropolitan of Chicti. 
 
 The Principality of SALERNO. 
 
 THE Principality of .S'c'7/o'Ho likewife in this tenth Century deferv'd to have its 
 own Metropolitan, as v/ell as thofe of Captia and Benevento ; therefore John Prince 
 of Salerno, defir'd Pope Bencdi^f VII. to raife this City to a Metropolis, which he 
 did in the Year 974, and appointed Amattts Archbifhop of it ' ; this Prerogative was 
 afterwards confirm'd to it by Pope John XV. So that the Index join'd to the Hiftory 
 of the Kingdom of Italy by Sigouius, which makes the Inftitution of this Archhifhoprick 
 to have been hy Sergiiis IV. in the Year 1009, contains a manifeftError. He had at 
 firft many Suffragan Bifhops, among which were thole of C^j/f //xT J, Bijignano, and 
 Acerenza. But according to the Difpofition of the Sees fubjed; to that of Conjian- 
 tinople, related in the fixih Book of this Hiftory, the Bifliops of Cofenza and Bi/'ag- 
 nano were by ^e Emperor Leo made Suffragans to the Metropolitan of Reggio j 
 and the Bifhop of Acerenza to the Metropolitan of St. Sevenna ; but they were 
 afterwards reftor'd to the Sec of Rome, and adjudg'd to the Metropolitan of Salerno. 
 The Bifhop of Confa was likewife his Suffi-agan, as alfo thofe of Pejlo, Mclphis^ 
 Cava, Lavello, and Nola ; but that of Pejto was afterwards join'd to Cap.uio ^ 
 thofe of Melpbis, Lavello, and Bi/agnano ■withdrew from him, and put themfelves 
 immediately under the Apoftolick See, and Nola was made Suffragan to the Arch- 
 bifhop of Naples. The Monaftery of the Cave was eredted at this Time, whofe firft 
 Abbot was Alferius, and afterwards rais'd to the highcft Dignities, was eredlcd 
 into a Cathedral by Boniface IX. ' ; and in the Year 1091. its Abbot Peter was 
 honour'd with the Mitre by Urban II. But Leo X. gave this Monaftery a particular 
 
 ' V. Ughel. Ital. Sacr. de Archiep. Salera * Ab. dc Noce in Oflienf. lib. 2. cap ;o. 
 
 Bifhop,
 
 1^6 The Civil History of Book VIIF; 
 
 Bifhop, who uas immediately under the Apoftolick See. The Bifhops of Confa, 
 AccrevZi"^ and Cofenza, were afterwards advanced to Metropolitans. 
 
 BY whom, and at what Time the Bifhop of Coufa was exalted to a Metropolitan 
 is very uncertain : Ugbclliis by a ftrong Conjedure ', believes that it was by yilcx- 
 mdey II. or Gregory V\\. his Succeflbr ; for we fee, that in the Year 1051, under 
 the Pontificate of L?o IX. the Bifhop of Confa was llrill SufH'agan to the Archbilliop 
 of Salerno ; and the firft we find nam'd Archbifhop oi Coufa ^ wzsLeo, who liv'd 
 under the Pontificate oi Greg'jry VII. ; and from this Leo afterwards, without Inter- 
 ruption, we fee all the reft nam'd Archbifhops. The Bifliops that from time to 
 time were made in the neighbouring Places were given them for Suffragans ; tiz. 
 the Bifhops of St. Angclo de Longobardi, Bifaccia, Lacedogua, Moiiteniurro, MirrOy 
 and Sjtri^uo ; but this laft was put under the Metropolitan o{ Salerno. As for that 
 of Belfienfe., which is mention'd in the Roman Pro'viucial, as fubjedt to the Metro- 
 politan oi' Confa, we have no Veftige of it at prefent. 
 
 THE Bifhop of Acerenza, who formerly, according to the Kofella, of Leo, 
 was Suffragan to tlie Metropolitan of St. Severina, when fubjed to the Patriarch of 
 Conftantinople, being reftor'd to the Patriarch of Koine, acknowledg'd the Arch- 
 bifhop of Salerno for Metropolitan ; and we read that from the Year 993. to 1051. 
 he had been his Suffragan. He was afterwards exalted to be a Metropolitan by 
 Nicholas II. ; for what fome have written, as if this Dignity had been conferred upon 
 him by Benedi£i V. is without Foundation. Alexander II. who fucceeded NicboLis, 
 confirm'd the Prerogative of Metropolitan to Archbifhop Arnulphiis, in the Year 
 1067, and gave him the Pallium; and he had for Suffragans the Churches oflenofa, 
 Montemilone, Potenza, ^iilba, ^ricario, Montepelofo, Gvainna, Oblano, i'lirrt, I'urfi, 
 Latiniano, St. ^lirico, and Virolo, with their Cafllcs, Villages, Monafteries, and 
 People : So that the Title of Archbifhop of Acerenza began to be confpicuous ; 
 and there are many Occafions of making mention of it in our Decretals -. But in 
 procefs of Time, Acerenza being ruin'd by the continual Wars of its Inhabitants, 
 the Archbifhop was forc'd to get the Church of Matera annex 'd to his own, 
 which having been erefted into a Cathedra] by Innocent II. was for ever annex'd 
 to that of Acerenza, on this Condition, that the Archbifhop of Acerenza, for the 
 greater Dignity of the Church of Matera, fhould likewife call himfelf Archbifhop 
 of Matera; and that when he refided in Acerenza, the Title of Acerenza fhould 
 be put before that of Matera ; and when he refided in Matera the contrary was to 
 be pradis'd. This Union did not laft long, for Ev.gcnms IV. in order to remove 
 the Dif cords betwixt the Chapters and Citizens of the two Cities, divided them, and 
 afUgn'd Matera its own Bifhop. They were afterwards united ; but new Qiiarrels 
 having arifen under the Pontificate of Leo X. at laft in that of Clement VIII. it was 
 decided in Favour of Acerenza by the Kota of Ron/e, preferving to it its ancient 
 Rights and Pre-eminences. But this City falling into the utmoft Decay, loft its 
 ancient Splendor; and on the contrary, according to the Viciflitude of worldly 
 Things, Matera having grown larger, and more numerous in Inhabitants, the See 
 of the Archbifhops of Acerenza behov'd to be tranflated to Matera, where they 
 refide at prefent ; and they have ftill five Suffragan Bifhops, to wit, thofe of 
 Anglona, tranflated in the Year 1546. by Paul III on account of its Defblation, to 
 I'urfi, Gravina, tricarico, and Venofa. 
 
 THE Bifhop of Cfz/^wZi^ formerly Suffragan to the Metropolitan of Re^o;/o, and 
 fubjedt to the See of Conftantinople, when Cofcnza was afterwards taken from the 
 Greeks, and reftor'd by the Normans to that of Rome, was Suffragan to the Arch- 
 bifhop of Salerno ; but in what Year, and by what Pope it was disjoin'd, and exalted 
 to be a Metropolis, is very uncertain K 'Tis commonly belicv'd that it was 
 honour 'd with this Dignity in the Beginning of the eleventh Century ; for in the 
 Year 1056, in the Chronicle of Lupus Protofpata there's mention made of a certain 
 Peter Archbifhop of Cofenza ; and others think that this Change was made under 
 the Pontificate of Gregory IX. or a little before. Altho' he enjojs large Revenues, 
 yet he has but one fingle Suffragan, which is the Bifliop of Martorano, all the other 
 Bifhops in the Neighbourhood being exempted, and immediately fubjedl to the See 
 of Rone. 
 
 ' Ughel, Ital. Sacr. de Arcliiep. Compf. 1 olim, de Cleric, conjusi. 
 
 * Decretal, cap. cum Clem, de Tcflam. cip. - Ughel. Ital. Sacv. dc Arclilcp. Confenr. 
 
 n coUuf. de rcg. Ecdef. Inn. lU. in cap. cum I 
 
 BUT
 
 Book \'I1L f/j^ K I N G D o M 0/ N A P L E S* ■)^<^7 
 
 BUT none of all the Metropolitans of thefe our Provinces can boaft of the 
 Dignity of Primate, excepting the ArchbiHiop oi Salernc, who was declar'd Primate 
 of all Lucania by Urban 11.: So that tho' the Bi (hops of Con/'-r, Acei-eiiz.% and 
 Cofeiizir, who were his Suffragans, have been fince rais'd to be Metropolitans, yet 
 Urban II. by his Bull made in Salerno^ in the Year 1099, appointed him Primate 
 over them and all their Suffragans. Fcrdinaiidus Uglellits tranlcribcs the Bull, part 
 of which is likewife recorded by Baronius, whereby th<^ Pre-eminence of Primate 
 over the Archbifhops of y'^cereuza and Confa, and overall the Suffragans, who were 
 obliged to promile to yield him all Obedience, was granted to yllphamis Archbifhop 
 oi Salerno, and his Succeflbrs ; the Bull likewife prefcribes the Method of their 
 Eleftion j that they were to be eledled in their Metropolis's, in Prefence, and with 
 the Advice and Confait of the Legate of the Apoftolick Sec, and of t!ie Archbifhop 
 Primate ; and being elcded, they were to be fent to Rome with their Patents, in 
 order to be conlecrated, and to receive the P^ilHuni, and afterwards to fwear Obe- 
 dience to the Archbifhop of Salerno^ as their Primate. But in procefs of Time thefe 
 Prerogatives have been difus'd, and now tlie Archbifhop of Salerno exercifes his 
 Right of Metropolitan only over the Suffragan Eifhops that have remain'd to him, 
 which are the Bifhops of^ Acer no., Campania, Capaccio, Marfico, Novo, Nocera de 
 Pagaui'y Nufco, Policafiro, Satriano, and Sarnn. 
 
 SECT. I. 
 
 The Difpojition of the Churches fuhjeci to the Greek Empire, which ivere reftor'd 
 after-wards by the Normans to the Roman See. 
 
 ^ U G L I J. 
 
 AT this Time we fee the principal Seat of the Greek Magiflratc fix^d in Bari, 
 from whence he govern'd both Piiglia and Calabria ; wherefore it is by W^riters 
 call'd the Head of all the Cities of Piiglia, and had the firft Rank in this Province. 
 Its Bifhop therefore was exalted above all the other Bifhops of Pitglia ; to this was 
 added the Favour of the Patriarchs of Conflantinople, who having appropriated him 
 to themfeh'es, and fubjected him to the See of Confiantinoplc, endow'd him with 
 many Privileges and Prerogatives. But what he moft valu'd himfeif for, was the 
 Tranflation hither of the miraculous Bones of St. Nicholas Bifhop of Mira ; which 
 lacred Relicks, ibme Barefians trading in the Levant, and returning from Antiocb 
 by Sea, and landing in the Wafhes of Lycia, wrapp'd up, and brought from thence 
 to Bart in the Year 1087. Thus Bari now vies with Benevento and Salerno ; for if 
 they were proud of having the Bodies of two Holy Apoftles, Bari brags of havin? 
 that of St. Nicholas ; and with fo much the more Reafbn, as that thofe keep the 
 Bones of their Apoftles faplefs and dry, but Bari has her Saint's Bones fwimin" iii 
 precious Liquor j of which we have an illuftrious Teftimony, to wit, that of the 
 £mperor Emanuel Comnenits, who declares it in one of his Novellce '. The Church 
 of Bari had her ancient Bifhops: There's mention made of Ger-vafius, who in the 
 Year 347 was prefent in the Council of Sardica ; of Concordins, who fubfcrib'd 
 in the Roman Council under Pope Hilarius, in the Year 465, and others who were 
 only fimple Bifhops. Antonius Beatilliis in his Hiflory of Bari will have it, that 
 Peter Bifhop of Ban was advanc'd to the Title and Authority of Archbifhop and 
 Metropolitan in the Year 530, by Etigenius Patriarch of Conjtantinople, in the Pon- 
 tificate of Felix IV. ; it being manifeft from the Greek Bulls, which are as yet preferv'd 
 in the Cathedral of Bari, that the Patriarchs of C(;,7/?i^;;//;w/)/cconfirnr\'d the Elected, 
 and dilpatch'd the Bulls ; but tho' it be true, that Bari when it was under the Greek. 
 Empire likewife belong'd to the Conftantinopolttan See, as we read in Baljliuio in the 
 Account which he gives of the Bifhopricks fubje<5l to that Patriarchate, among 
 others, he reckons Bari XXXI, Tyrant XLIV, Otranto LXVI, and the reft of 
 Calabria XXXVIII. Neverthelels this ought not to be carried lb far back as the 
 Year 530, when thefe Provinces were govern'd by the Goths, and when the Grei'ki 
 had no Concern either in their Political and Temporal, or Ecclefialtick and Spiritual 
 
 ' Novel. 2. de Feriis, J. 4. In honorem miracuHs Celebris, unguentoque Scaturieiicis Nicolai 
 
 5 L Mar-
 
 ^p8 The Civil History of Book VIII. 
 
 Matters ■■, all our Churches being then govern'd by the Konian Pontiff ^ neither had 
 the Ambition of the Patriarchs o£ Conjlantmople extended itfeif lb far in thole Times, 
 as to have encroach'd upon thefe our Provinces, as it did afterwards in the Time 
 of Leo If^ruyictis, and more under the Emperors Leo .lynieims, and Leo Philofopbnsy 
 who are laid to be the Authors of the Difpofition of the Churches lubjeft to the 
 See oiConfiautinople : So that 'tis to be believ'd, that the Bilhops of Bart being firlf 
 honour'd, according to the (7 *-ff A Vanity, with the Title of Archbilhops, were after- 
 wards made Metropolitans by the Patriarchs of Coiijlaiithiople, who aflign'd them 
 twelve Suffragan Bilhops, long after that Reij^gio, St. Seierim, and Otranto were 
 tmder the Conftnntimpolttan See, when Ban being retaken from the Longobards and 
 Saracens^ at laft came under the Dominion of the Greeks. 
 
 THE City ofCiTuofa, when it was in its flourilhing State, vied with Bart with 
 regard to its Bifhops ; for it likewife had its ancient Bifhops, of whom Beatillus 
 made a long Lift, beginning from the Year 347, down to the Year 800, in which 
 he lays, that Peter., a Longobard, and Kinlman of Grhnoaldus Prince of Benevento, 
 was elected Bifhop of Canofa, whom he takes to have been the laft 3 for he adds, 
 that his See was afterwards in the Year 8 1 8 advanc'd to be a Metropolis, lo that he 
 was the laft Bifhop, and the firft Archbilhop of Canofa ; and it could not be laid 
 that he had been rais'd to this Rank by the Pope, which would make it to be an 
 elder Archbifhoprick than Capua, which all our moft exaft Writers allow to be the 
 moft ancient ; whence we muft believe, that the Bifhop ofCauo/a was at that Time 
 made Archbilhop by the Patriarch oiConftantinople, and not by the Pope. However 
 that may be, Canofa being afterwards ruin'd by the Saracens., thefe two Arch- 
 bifhopricks were united into one, and the Church of Canofa was annex'd to that of 
 Bnri ; and Jngelarins, w-ho fucceeded Peter, was the firfl, that in the Year 845 
 call'd himfelf Archbilhop of Bari and Canofa, which all his SuccelTors have done 
 nnce. Thele Churches being afterwards taken from the Confiantinopolttan See, and 
 by the Normans reftor'd to the Roman, the Popes allowing them the l;ime Dig- 
 nity, began to dilpofe of them as their own, by giving the Archbilhops oi Bari 
 the Ufe of the Pallium, which they had not formerly ; and Gregory VII, at the 
 Defire of Duke Robert, in the Year iotS, created Urfus a Creature of that Prince 
 Archbifnop o£ Bari, and afterwards in the Year 1089, Urban II. having gone from 
 Melpbis, where he held a Council, to Bari, at the Defire of DukeRo^f?* and Boemondiis 
 his Brother, granted and confirm'd to Elias then Archhifhop of Bari, his good 
 Friend, having been Monks together in the Monaftery of the Trinity of Cava, 
 and to his Succeffors, the Dioceffes of T^rani, Bitetto, Bitonto, Giwcnazzo, Mol- 
 fetta, Rwvo, Aidria, Canne, Minertino, Lavello, Rapolla, Melphis, Salpi, Con- 
 <verfano, Polignano, and beyond Sea, Cattaro, Mondiigno, Aqttatetta, Montemiloro, 
 Bifelpi, Cifterna, with all the other Churches of the Cities and Towns belonging to 
 thefe Diocelfes for his Suffragans, for which he made a Bull, which we read in 
 Lghdlns, and it is alfb recorded by Beatillus. 
 
 BUT many of thefe Suffragans alTign'd to Bari, in procefs of Time were taken 
 from it, fome being put immediately under the Roman See, others fupprefs'd, and 
 others given to I'rani, which was afterwards rais'd to be a Metropolis. The Arch- 
 bifhop oi I'rani is the moft ancient of the Modern, for we read many Letters oi Inno- 
 cent IV. diredted to him j but his Inftitution muft not be carried lb far back as the 
 Pontificate of Urban II. in which he was but a fimple Bifhop. So that Beatillus is 
 miftaken ', when he infers from this Bull oi Urban, that becaufe ^rani was reckon'd 
 amongft the other Churches afHgn'd as Suffragans to the Archbifhop of Bari, there- 
 fore he had likewife created him Primate of Piiglia, juft fb as the fame Urban 
 created the Archbifhop of Salerno Primate of Lucauia, and as he had rais'd the 
 Archbifhops of Toledo and 'Tarragona in Spain, to the Rank and Dignity of Primates ; 
 for in the Pontificate oi Urban II. it had not as yet been made a Metropolis, which 
 Honour it had about the Time oi Innocent III. or a little before, and afterwards the 
 City oi Barletta, which is fubjedt to the Archbifhoprick of Trani, and not to that of 
 Nazereno ; Corato and Caflello della 'Trinita were aUign'd to it. The Church of 
 Salpi was afterwards united to this Metropolis, which for a long Time had its own 
 Bilhops, but in the Year 1547. it was re-united to that ofTrani, as it continues to 
 this Day. It his now the Bilhops of Andna and Btfceglia for Suffragans ^ as for the 
 Bifhop o( Monopolis, he is immediately under the See oiRotne. 
 
 ' Bcatil. Jlloria di Bari. lib, z. 
 
 THERE
 
 Book VIII. ibe Kingdom 0/ N A P L K S. 5pp 
 
 T HE II E were taken aJib from the Metropolitan of Br.ri, the Biiliop ofMelpbis 
 who was ilibjcfled to the Pope immtdiatci)-, and the Bifhop of Canne, who bcino- 
 taken from tliis See, was alHgn'd to the Arclibifiiop of N.izaretb. He has ftifl 
 remaining the Eilliops of i>'/.'<?itro, Bitoiito, CoU'Verfam^ Giovaaezzo, Lavello, Miner- 
 Vino, Pol'gnano, and Kuvo for Suffragans ; and, which is ftrange, he has likewife for 
 Suffragan the Bifhop of C'.i//'^ro, a City oi Dalaiatia^ fubjed: to the Venetians and 
 formerly Suffragan to the Archbiflioprick of Ragiifa, afterwards to that of Autivar: 
 and laftly to that of 7?^:;-/ '. But however, tho' the Bifliop be his Suffragan, yet a 
 great Part of the Diocefs is now poffeis'd by the I'urks, and the rcraainin" Part 
 retains as yet the Greek Schifmatical Rites, and with them a great many Errors ; they 
 deny the Primacy of the Pope, Purgatory, the Frocefllon of the Hoi)- Gholl from 
 the Father and the Son j and they buy Holy Orders from the Bifiiop of R/r/crw. 
 The Archbilliop of 5j/V retains likewile the Jurifdidtion of judging Appeals from 
 the Courts of -lisZ/i?/.';.', C./wo/'z, I'erlizzo^ and B^utigliaiio. 
 
 PUG LI A is alfo remarkable for another Archbifhop, who, tho' he refides in the 
 City of Barletta^ yet he preflrves the ancient Name of his fir ft See, which is that of 
 Kj.zaretl\ a Citv in Galilee^ fb famous in the World for the Birth of our Redeemer 
 who call'd himieif of iVi:z;2.'rrf?/j^. After that /''^r.vy^/fw had been fet at Liberty by 
 the illuflrious Godfrey, fortunate likewife in having his noble Adlions recorded in 16 
 lofty a Strain, after fo many Ages, by Torqiiafus 7a(fo • the Latins made Naza- 
 retb a. Metropolis; but Palefliiie being retaken from them in the 1190, and again 
 fubjetftcd to the Dominion of the ^iirks, this famous Citv came under their Thraldom 
 and her Bi(hop being left to fliift/or himfelf, and a Fugitive, found no Shelter till he 
 tame to Ptiglia ; where being kindly receiv'd by the Pope, who, in order to prelerve the 
 Memory and Title of lb worthy a Prelate, was pleas'd to appoint him an honorarv See 
 in Italy, and ordain'd his Refidence to be in Barletta, a City in the Diocefs of 'frani. 
 There was a Church afUgn'd him not far from the Walls of this City, with all its 
 Rights, and the Dignity of Metropolitan ; and not long after many Parifh Churches 
 were fubjcded to him. Two Cathedral Churches were very loon allign'd to his See 
 to wit, that of Mouteverde in the Year 1434 by ClementWl. and that of Caiinc in the 
 Year 1455 by Ca'.liftus III. The firfi: Church affign'd him being ruin'd by the Wars 
 5n the Year 1566, by the Authority of PiiisX. the See was tranllated within the 
 City to the Church of the Abbey of St. Bartbolome'uj. The Archbifhop Bernard 
 rebuilt it from the Foundation, and magnificently inlarg'd and adorn'd it. This 
 Archbifhop has his Diocels divided into different Places ; he has Churches fubjedl to 
 him in Bart, in Acerenza, in Potenza, in the Town of Vadiila of the Diocefs of 
 Capaccio, in Saponara of the Diocefs of Marf:co, and in other Places, and enjoys 
 many Benefices call'd Simple. He is titled Archbifhop of Nazareth, and Bifhop of 
 Canne and Monteverde by a fjjecial Grant given him by Clement IV. and confinn'd 
 to him afterwards by Innocent VIII. Clement VII. and PntsN. Roman Pontiffs. 
 He has a fingular Prerogative of carrying the Crofs, the Pallitim, and the Rochet 
 not only in Barletta and the other Churches of his Diocefs, but over all the Catholick 
 World i neither can the other Archbifhops difpute it with him under any pretence 
 of Aj>o{lolical Conceflion. He is fubjedl to none but the Pope, and exercifes in his 
 Church and Diocels, all Jurifdiftion that other Archbifhops do in their Churches. 
 
 C A L J B K I A. 
 
 THE mofl confpicuous Metropolis of Calabria under the Greeks was the Church 
 ofKeggio. The Patriarchs of Conjlantmople had fubjcdcd it to their See, and as wc 
 have leen in the fixth Book of this Hiftory, had afTign'd it thirteen Suffragan Bifhops, 
 to wit, the Bifhops of £oTiJ, T'auriana, Locri, KoJJlato, SqiulLue, J'rcpeja, Amantea, 
 Crotouc, Cofenza, Nicotera, Bifignano, Nicaftro, and Cajfano. This Metropolis being 
 afterwards reflor'd to the See of Rome by the Normans, retain'd the fame Dignity : 
 So that in the old Charters made in the Time of thefe Koriiians, and eipecially by- 
 Duke Roger about the Year 1086, they were always call'd Archbilliops ^ and 
 Gregory VII. about the Year 1081, confecrated Archbifliop Arniilpbtis, to whom 
 Duke Kohert made profufe Donations, by inriching his Church with many Poffef- 
 fions. In procels of Time he loft fome of thefe his Suffragan Bifhops. 
 
 Bulla Urbaiii II. apud Ughcl. Simul & Catara, qujc iatranfiiiarjnj litcoils ora fita ciVc 
 cognolcitur. 
 
 THE
 
 400 'The Civil H i s t o f. y 0/ Book VIII. 
 
 THE BiHiop of Rofflmo after thefe Churches were reftor'd to the See o? Rome 
 vasmp.de a Metropolitan ; and in the Time oi Rr,ger I. King of Sicih^ or a little 
 before, Rcjf.iuo was made an Archiepilqopal See: So that amongft the Records whicli 
 we have kfc us of Pope lunocent III. and of the Emperor Frederick 11. there's 
 frequent mention made of the Archbifliops of Rr;/7"?/M. This Church was the mofl: 
 wedded to the Greek Rites ; and tiio' (he had been reftor'd to trie Roy.-an See, \ et 
 fhe never would forfake them, infomuch that the Citizens would not furrender to 
 Duke Rogcr^ until he had condelcended that they lliould have a Buliop of the Greek 
 Church ; for this Prince had nam'd another of the Lat'ni Church, to have luccecdcd 
 a Greek Bifhop that had died, whereupon he allow'd them to have a Greek one '. 
 There were feven Monafteries of the Order of St. Bafil in Romano, fo that the Creek 
 Langua2;e and Rites were the more eafily preferv'd in it. The Archbifliop got 
 Jikewife ibme Churches for Suffragans ; bur they were afterwards all withdrawn, for 
 fome of t'lcm became immediately lubjedc to the See o{ Rome, and the Bifhop of 
 Carlati, which was the only one remaining, was afterwards fubjed:ed to the Metro- 
 politan of St. Severina, fo that now neither Rojffauo nor Lancicmo have any Suffragans. 
 
 THE Bifhoprick of Cofenza was likewife disjoin'd from the Metropolitan of 
 Reggio, and fubjeclcd to the Metropolitan of Salerno ; but Cofenza, as we have 
 laid, was alio rais'd to be a Metropolitan. The reft were partly fupprefs'd, lucll 
 as that of I'auriiina, now deftroy'd, in whole Place Seminara hns iucceeded, the 
 refl were fubjedled to other Metropolitans ; and now there remain to him the 
 Bifhops of Bova, Caffano, Catanzaro, Crotone, Gerace, Nicafiro, Nicctera, Oppido, 
 Squillace, and I'ropeja. 
 
 THE Metropolitan of St. Severina fubjedl to the See o{ Conjtantinople, beint^ 
 reftor'd to that of Rome, retain'd alio the lame Prerogative, and in the Charters 
 dated in the Time o( Rrger Duke of Calabria, there's mention made of the Arch- 
 bifhops of this City. He had five Suffragan Bifliops given him by the Patriarch of 
 Confiantinople ; but the Billiop oi Acerenza was afterwards made a iMetropoIitan, 
 and the other of GallipoU was fubjeded to the Metropolitan o( Otrantn, and Ibme 
 were lupprcls'di but others being erefted in their Room, the Metropolitan of 
 St. Sever.'ua has now for Suffragans, the Bifliops of Cariati, Utnlriattco, Stroijgoli, 
 Jfola, and Relcajiro. He likewife had the Bifhop of St. Len, but he was afterwards 
 lupprcls'd, and his Revenues were annex'd to the Metropolis ; he had alio the 
 Bifhops of Melito and St. Mark, but thele were disjoin'd and put immediatelv under 
 Re we. 
 
 7 R J N "f 0. 
 
 BY the Difpofition of the Sees, fubjcdl to the Patriarch oi Conftautiuople, made 
 by the Emperor Leo, there's no Suffragan allign'd to the Metropolitan of Otranto ; 
 but afterwards Nicephorns Phocas, as Luiipraiidtis ■ Bifhop of CrcrMiia teftifics, about 
 the Year 968, when Polientus was Patriarch of Conftantinople, inlarg'd the Province 
 of this Metropolitan, and gave him for Suffragans, the Churches of 'Turctco, Ace- 
 rentilla, Gravina, Matera and 'Tricarico, ordering the Patriarch Polientns to con- 
 iecrate their Bifhops. But this Order had little Effed ; and the Metropolitan of 
 Otranto being reftor'd to the See of Rome hy the Normam, had other Bifhops aflign'd 
 him for Suffragans, and the fame Prerogative was continu'd with this Church for 
 we read, that in the Aflembly held in the Year 1068, by Alexander II. in Salerno 
 IIit<i1o, Archbifhop of Otranto was prefent. The Popes afterwards affign'd him other 
 Suffragans, which he retains to this Day, to wit, the Bifhops of Lecce, Alejfano 
 Cajlro, GallipoU and Ugento. 
 
 BRIND IS I and ^aranto being reftor'd to the Greek Empire hy Luprts Pro^ 
 tofpata the Catapanus, about the Year 980, according to the Anchmandnte Nilo, a 
 Conftantinopolitano Sacerdotes accipiebat. But Robert Giiifcard Duke of the Norh/ans 
 having taken Bnndifi from the Greeks, reftor'd its Church to the See of Rome. It 
 was acknovvledg'd as an Archicpifcopal Sec by Urban II. who confecrated it in the 
 Year 1088, and the Bifhop of Ojtiini was made Suffragan to it : It was once annex'd 
 
 ' V Ughel. Ital. Sacra, de Archiep. Roffaii. 
 
 ^ Luitprand. NiccphorLis, cum in omnibus 
 Ecd. homo fit iiiniiuijllvoreijuo in nosabundat, 
 (,'oiiPiar,tiiioporuaiio Patriarchx prxccpir, ut 
 Hydruntinam Ecclcfiam in Arcliiepilcopatus 
 linnniem dilatct ; iiec permirrat in oniiii Apulia, 
 Igu Calabria, Latine amplius, fed Grxce diyina 
 
 myftcria celebrarl. Scripfit itaque Polyeuftus 
 Conftanrinopolitanus Parriardia Hydrunrrno 
 Epilcopo,^ quatenus lua auctoritate halcac liccn- 
 tiam Epifcopos conl'ecrandi in Accrcntilla, 
 Turcico, Gravina, Maccra, Tricarico, qui ad 
 conlecrationem Domini ApoftolJci pertincrc 
 videntur, 
 
 to
 
 Book VIII. ?/^^ K I N G D o M 0/ N A P L E S. 401 
 
 to the Church of OrL-i, fb that the Archbifhops had the Title both of Brindifi and 
 Oria ; but thefc Churches were afterwards divided, and that of Oria was made 
 Suffragan to the Metropohtan of Ta-raiito, and Brindifi kept only that of Ojliini. 
 
 'J'AKAN^O being reftor'd by the Normaus to the See of Kome^ was made a 
 Metropolis by the Popes, about the Year iioo, and the Bidiops o{ Moftula and 
 Caftell.vieta were given it as Suffragans, to which the Bifhop of Oria. was afterward? 
 added. 
 
 The Dukedoms of NJ^LES and G JEl'j. 
 
 THE Church of Naples, as we have feen in the fixth Book of this Hiftory, was 
 not advanc'd to be a Metropolis by the Greeks, but the Patriarchs of Coujlantinople 
 honour'd her Bifhop with the Title of Archbifhop only ; fo that he had the chief 
 Honours and Pre-eminency over all the Bifhops of this Dukedom. She was rais'd 
 to the Rank of Metropolis by the Popes, towards the End of this Tenth Century, 
 at the fame Time that Capua, Bene-vento, Salerno, Amalphis, and many other 
 Churches were exalted to this Dignity by the Popes. And though Naples was ftill 
 under the Greek Empire, yet neither the Emperors of the iiaft, nor the Patriarchs 
 of ConJiautiHQple could hinder the Popes from raifing her to this Dignity. The 
 Popes were always tenacious of their Authority over this Church, and they very- 
 much blam'd her Bifhops for taking the Honour of Archbifhops from the Patriarch of 
 the Eafl. But the Power of the Popes became much greater, when the Dukedom of 
 Naples, reduc'd into the Form of a Commonwealth, was govern'd by Dukes, the 
 Eaftern Emperors having nothing but the Shadow of Authority there. 
 
 BUT by what Pope, Naples was made a Metropolis, and in what Year, 
 Opinions are very different. P. Caracciolus ', from the Authority of Jobt the Monk^ 
 maintains, that it was made a Metropolis by John IX. about the Year 904. But 
 from the Lift of Bifhops, compos'd by Chioccarelli, which he brings down to Nicetas^ 
 who govern'd this Church from the Year 962 to 1000^ and from what we have 
 hitherto feen, this Advancement ought not to be attributed to John IX. in this Year, 
 but to John XITI. at the fame time that Capua, Bene%^ento and Amalphis were made 
 ^Metropolis's, which Chioccarelli ^ well demonflrates, by fhewing us, that from 
 Nicetas, all his Succeffors began to be call'd Archbifhops. The Church of Naples 
 had once for Suffragans, the Bifhops of Ciima and Mifeno ; but thefe Cities being 
 ruin'd in the Year 1207, their Churches and Revenues were annex'd to the Church 
 of Naples. The Bifhop of Averfa, built by the Normans, was Suffragan to the 
 Church of Naples, but afterwards, he was fubjefted to the Pope immediately. She 
 retains now only the Bifhops of Acerra, Pozzuolo a.nd Ifchia, to whom afterwards 
 the Bifhop of Nola was added, who being taken from the Archbifhop oi Salerno ^ 
 whofe Suffragan he formerly was, a little before the Pontificate of yi/^x^^wi^r III. 
 was fubjedted to Naples. Thefe few Bifhops were aflign'd to Naples ; and it will 
 appear very ftrange, to any that confiders the prefent State of Affairs, how Bene- 
 'vento, Salerno, Capua and many other inferior Cities, have fb many Suffragan 
 Bifhops, and Naples, the Head of a moft flourifiiing Kingdom, has lb few ; but 
 whoever will call to mind the by-paft: Ages, and confidcr how much the Confines of 
 the Dukedom of Naples were reflridted, when this City was made a Metropolis, and 
 on the contrary how much more the Principalities of Benevento, Salerno, and Capua, 
 and the other Dukedoms and Provinces, fubjed to the Greek Empire, were extended, 
 will ceafe to wonder. And if this City, when it was made a Metropolis, had fo con- 
 fin'd a Dukedom, and confequently fo few Suffragans, yet in proccfs of Time, by 
 good Condud, it was rais'd to fo exalted a State, that it alone could vie with the 
 moft ample and moft populous Provinces of the Kingdom. 
 
 G A E 1'A likewife iiabjed: to the Greek Empire, becaufe of its being claim'd by 
 the Popes, and too near to Rome, when it was taken from the Greeks by the Normans^ 
 was neither given as Suffragan to any neighbouring Metropolitan, nor made a 
 Metropolis, becaufe its fmall and narrow Dukedom would not bear it ; fo that its 
 Bifhop was i'ubjeded to the Apoftolick See immediately, as it continues to this Day. 
 
 ' P. Carac. de Sacr. Ecd. fjeap. Monum. c. i . I * Chioc. de Epifc Neap. A. 962. 
 Sea. 10. ' 
 
 S M Th^
 
 ^02 ^he Civil History of Book VIII. 
 
 The Dukedoms of JMJL^HIS znd SO R R E N'TO. 
 
 AM ALP HIS in thefe Times, deferv'd no lefs than Naples to be exalted to a 
 Metropolis ; it had made itfelf famous in the Eaft, on account of its Navigation, 
 and become the moft rich and populous of all the other Cities ; not only the Greeks, 
 Arabs and Africans^ but even the Indians flock'd to it, becaufe of its Commerce j 
 and Gulielmus Puglienfis ' in his Verfes, extols it on that Head, above all the Cities 
 of thefe our Provinces. This City had its Bifliops from its Foundation, and in the 
 Time of Gregory the Great, Priinerius was Bifhop of it, neither is he reckon'd the 
 Firft. The Church of Rome was much beholden to it, as well for the many 
 Churches which the Amalphttans ereded in the Eaft, where they maintain'd the 
 Latin Rites, as for having been the firft who founded the renown'd and military 
 Order of St. John of Jeriifakm in Paleftine. Therefore the Popes were in Duty 
 bound, when they were exalting {o many Churches to be Metropolis's, to confer 
 that Honour on Amalphis, which tho' by antient Subjedion, it depended on the 
 Greek Empire, neverthclels, being rais'd to this fublime State, and govern'd by its 
 own Dukes in the Form of a Republick, the Greeks had only the Image and 
 Shadow of Sovereignty left them in it. Whilft then this Dukedom was govern'd 
 by Duke Maufo, the fame who for fome Time poflefs'd the Principality of Sakrm, 
 at the Requeft of this Duke, the Clergy, and People of Amalphis, its Bifhop was 
 advanc'd to a Metropolitan by Gregory XV. in the Year 987, and the Bifhops of the 
 Dukedom were aflign'd him for Suffragans ; for what Freccia writes, that Amalpbis 
 was made a Metropolis in the Year 904, by Pope Sergius III. has no Foundation, 
 and is commonly rejedled by every Body. His Suffragans are the Bifhops of Scala, 
 Minori, Lettere and of the Ifland of Caprea, which he retains to this Day. 
 
 SO RREN^O had likewife its antient Bifhops, and being in thefe Times 
 Head of a fmall Dukedom, was likewife exalted to a Metropolis. Mar'mus Freccia 
 makes Sergius III. alfo Author of this Inftitution, in the fame Year with Amalpbis j 
 but 'tis generally believ'd, that this Church was made a Metropolis by John XUI. iu 
 the Year 968. after Capua ; and that Leopardus the laft Bifhop, had this Honour. 
 Her Suffragans are the Bifhops of Stabia, which we now call Caftellaniare, and 
 Majfa Lubren/e, to which afterwards the Bifhop of Vico Equenfe was added. 
 
 SUCH was the Difpofition of the Churches of thefe our Provinces, begun 
 about the End of the Tenth Century, and afterwards compleated in the beginning 
 of the Dominion of the Normans ; which as it altogether refembles the pretent, lo 
 it is no ways conformable to the Difpofition and temporal Polity of our Provinces, 
 becaufe when the new Difpofition of the Provinces ot this Kingdom was made, 
 which were afterwards augmented to Twelve, as we now fee them, the Metropolis's 
 had been already fix'd, which keeping Pace with the Polity of the Empire, took 
 that Form and Difpofition which the States were found to be in, when, and 
 where they were eftablifh'd 3 and tho' many Cities chang'd their Condition, and 
 from great became fmall, or from fmall great, yet the Popes would never alter the 
 Difpofition of the Metropolis's already eftablifh'd, as well out of regard to Antiquity, 
 as for avoiding Novelty, which often occafions Dilbrders. However, if they fill'd 
 the Kingdom with more Bifhops, by eredling many Churches into Cathedrals, 
 which formerly were not fuch, for Reafbns that we fhall relate elfewhere, yet they 
 did not alter the Difpofition of the Metropolitans. Bcfides, as we fhall fhew in its 
 Place, the new Diftribution of the Provinces into Twelve, was chiefly defign'd for 
 the better Diftribution of the Royal Revenues, and the Number was multiplied by 
 the Officers appointed for collcdting them, call'd Treafurers. So that at the fame 
 Time the Number of Governors, or Juftices, was much lefs than that of I'reaJurerSy 
 and in later Times they were made equal ; and the Places appointed for their 
 Refidence were always changeable, according as the Occafions of the Royal Ex- 
 chequer, or the publick Good rcquir'd : Whence this new Difpofition made no manner 
 of Alteration in the Polity of the Ecclefiaftical State. 
 
 I N this State of Affairs did the Normans find thefe our Provinces, when they 
 came to us. They were put into another Form, when they came under their Domi- 
 nion, and when all thofe States, which had been divided into fb many Parts, came 
 to be united in one fingle Perfbn, a very large Kingdom, and a noble Monarchy was 
 eftablifh'd. 
 
 ' Gul. Appul, lib. 5. Rcr. Norman. 
 
 THE
 
 C 403 ] 
 
 THE 
 
 CIVIL HISTORY 
 
 Of the Kingdom of 
 
 NAPLES. 
 
 BOOK IX. 
 
 I^^HE Normans, which Word in our Language Cgnifies 
 Northern People ', came likewife from Scandinavia, as the 
 Goths and Longobards had done j they were not known in 
 the Weft, till about the End of the Eighth Century, 
 when they landed on the Sea Coaft of France, in the 
 Time of Charles the Great ; and about Forty Years after, 
 they began to infeft thofe Places, now call'd Utrecht, 
 Holland and Nalkeren. The Kings of France, in order to 
 put a Stop to them, were oblig'd, by Agreement, in the 
 Year 882, to give them Frizland for a Habitation ^ 
 But they,not fatisfied with this Province, began to plunder, 
 burn and deftroy all the Neighbourhood round them, under Kollo .their Head, a 
 famous and bold Pirate, at the fame time that the Saracens, with no lefs Cruelty, 
 over-ran our Part of Italy on this Side of the ^iber. They befieg'd Paris, invaded 
 ylqiatatne, and other Parts of that Kingdom in the Reign of Charles the Stiiiple j 
 fo that this Prince not being able to withftand them, relblv'd to make them Friends, 
 
 ' Gaufredus Malaterra lib i. c. ^. in torn. ;. 
 Hilp- illuft Gulic'-oius Pugliefis lib. i. de gcft. 
 Norm, in Ital- in princ. Guilielmus Gemmeci- 
 ceufislib. t. hift. Norim- cap. 4. Norimaimi di- 
 
 cuntur, quia lingua eorum Boreas, North voca- 
 tur : homo vero, M,m, id eft homines Bo» 
 reales per denominationem nuncupantur. 
 * Grot, in Prolegom. ad hjft. Got. 
 
 and
 
 ^04 ^^-"^ Civil History of Book VHI. 
 
 and Confederates ; whereupon it was agreed, that Charles fhould aflign them Neujlria^ 
 one of the Provinces of France^ for their Place of Refidence, and gi\'e Gifla his 
 Daughter, as D?/<io of Saint ^</«?/;;e writes ', or his Kinfwoman, as Pellcz^nuus'- 
 hath it, to Kollo in Marriage, and that Kollo, forfaking Idolatry and Gentilifm, 
 fliould embrace the Chriftian Religion. This Agreement was executed about the 
 Year 900 ' : Netiftricr, with the Title of Duke, was given to Rollo for ever, who 
 married Gi/la, and at the fame time receiv'd Baptifm, Robert Count of Poitiers 
 {landing Godfather, from whom he took the Name of Robert ; and the other 
 Korimiis, following the Example of their Commander in Chief, became more humane 
 and civiliz'd. The Normans, from their own Name, call'd Keujiria, Korraaiidy, 
 which Name it retains to this Day. 
 
 THIS Robert, firft Duke of Normandy, had a Son nam'd ll'illiam, whom he 
 made Count of H.w.teville, a City of the fame Province. William, begot Richard, 
 who was Father of another R/o^cTr.-i, and this iccond Richard begot Rd'ert II. and 
 another Richard, whom we fliall call III. And Robert II. was Father oWiUiam II. 
 who 'tis commonly faid, was the Father o( 7'aiicred Count oi Hauteville, from whole 
 Loins came thofe Heroes, who for a long Time govern'd thele our Provinces ■*. 
 
 'fANCRED, by two Wives, had Twelve Sons, and fcveral Daughters, one 
 of which was nam'd Fredefimia, who was the Wife of Richard Count of A'verfa, 
 and Prince of Capua ; another was given to Gaiifred Count of Montefcagliofo, and 
 another to Volmandus '. The Sons he had by his firft Wife, nam'd Moriella, were 
 IVilliam furnam'd Fierahras, Drago, Umfred, (who, as we fhall fhew, were the 
 Three firft Counts of Puglia') Godfrey and i)erlo. The other Seven were by Frede- 
 fimia his fecond Wife, the Eldeft of whom was Robert, furnam'd Gutj'card, which 
 in the antient Norman Language, is thg fame as crafty and fubtle ; he came to be 
 Duke of Puglia and Calabria ; the fecond was Malgernis ; the third, IVilUam ; the 
 fourth, AHered ; the fifth, Umbert ; the fixth, ^ancred, and the feventh and laft, 
 was Roger, who conquer 'd Sicily, and eftablifhed the Monarchy ". 
 
 HOWEVER, thefe were not the firft that came to Italy ^ for, as we fhall fee, 
 fome Normans had a little before fettled in Aver/a, io that we muft carefully 
 diftinguifh them from one another, that we may not confound the R eader, as other 
 Writers have done. The firft of them came about the Year 1016. The Sons of 
 Tancred landed in Italy about the Year 1035 ; but not all of them, for Two ftay'd 
 in Normandy ; neither did all the reft come together, but as fit Opportunities offered j 
 Ibmetimes Two, fbmetimes Three, fet out for thele our Provinces ; neither did the 
 firft come in greater Numbers, as we fhall fee '. 
 
 EVERY Body reading the Adventures of thefe People, muft be furpriz'd, 
 how a few Men come from France, through a Thoufand Dilafters, were able to 
 make thcmfelves Mafters of one of the moft delightful Countries in the World ; 
 how one fingle Family of Norman Gentlemen, afllfted only with a handful of their 
 Countrymen, could eftablilh a Monarchy on the Confines of the Empires of the 
 Eaft and WelV, gain fo many and fb wonderful Vidtories over Two powerful Ene- 
 mies ; free Italy and Sicily from the Incurfions and Yoke of the Infidel Saracens, which 
 greater Powers were never able to atchieve -, and after having overthrown t\ieGreeks 
 and the Longobard Princes, lay the Foundation of the fine Kingdoms of Naples 
 and Sicily. Certainly no other Nation, excepting the Romans, were ever fo fiic- 
 ccfsful as from fb mean Beginnings, to arrive at fb great Power. The other Na- 
 tions, fuch as the Goths and Longobards, as we have feen, came not to Italy like 
 Strangers and Travellers, but with very numerous Armies, which over-run our 
 Country, and fettled a Kingdom. 
 
 O N the other hand, if we will but confider the unhappy State to which thefe 
 our Provinces were reduc'd, being divided, and fubjcdl to fb many Princes j and 
 the extraordinary Valour and Courage of this Nation, we fhall ccafc to wonder at 
 their fortunate Succefs. Add to this, that the Manner of waging War us'd in thofe 
 
 ' Lib. 2. hift. Norim. 
 
 * In hift. Long, in Stemmate. 
 
 ' Grot, in Prolegom. loc. cir. 
 
 ■♦ V. Iiivcnges In the beginning of the Aniiali 
 di Talcrmo, in which he has the Tree of the 
 Dukes of Normandy. 
 
 ' Pclegr. in Stemmate. 
 
 * Malater. lib. i. c.np. 4. V. Du Frcfne In 
 Stem. Ducum Apulia; aJ hift. Comiien. 
 
 ' Malar, lib. 1. cap. 9, 1 1, 15, 58. Oft. lib. 2. 
 cap. 67. 
 
 Times,
 
 Book IX. /^^ K I N G D DM 0/ H A P L E S. 405 
 
 Times, was not the fame as is pracflis'd now adays ; There was at that Time fcarcc 
 any regular Method of attacking and defending. A whole Army was Ibmetimes 
 routed, without knowing how, or by what Means ; and the whole of the Matter 
 confided, either in the Strength of Body, which was incomparably greater 
 than that of Men now adays, becaufe they praftis'd thofc Exercifes more frequently 
 that conduce to the acquiring of it ; or in an exceeding great Courage, which im- 
 bolden'd the Combatants to do Wonders j or laftly in fome prefumptuous Under- 
 takings, which nothing but the Event could juftify. 
 
 T O theie three Caufes were ov^ ing thoie glorious Adlions of the Normans, no 
 ways inferior to thofe of the Romans, we fb much admire. They turn'd France 
 up-fide down, and conquer 'd many Provinces of it. ll'illmm the Norman, de- 
 fcended of the fame Dukes of Netiftria, conquer'd the moft flourifhing Kingdom of 
 England, and tranfmitted it to his Pofterity. Our Piivlta, Calabria and Sicily, the 
 fumousjenifalem, the rcnown'd Antioch, were all under their Dominion ". 
 
 W E are now to fhew what Motives the People of this Nation had, for coming 
 into thcfe our Provinces fo remote from i;hem, and how, after various Fortune, 
 they made themfelves Maftcrs of them ; for \vc cannot otherwife dearly conceive, 
 how fo many, and fo dividi^d States, could at laft be united in a noble Kingdom j 
 under the Dominion of one fingle Pcrlbn, which the Normans govern'd by fo good 
 Laws and Inftitutes, as to tranlmit it to their Pofterity, till after a Series of many 
 Years, for want of Male-IflTue, it fell to the Suevi, by a Princels of the Norman 
 Blood. The Rife of otir Papal Inveftiture, and how afterwards this Kingdom came 
 to be reputed a Fief of the Church of Koine, could not well be underftood, if 
 thefe Events fhouldnotbe related with Exadtnefsj in doing of which we fhall make 
 a Dilcovery of many Truths, which Writers, Ibme out of Sloth, many of fee 
 Purpofe, have kept in the Dark. 
 
 I N relating the Adventures, and all the other SuccefTes of this Nation ; I have 
 laid ftrefs only on Cotemporary Hiftorians, and thofe who have moft exaAly given 
 us an Account of their A<5lions, whofe Teftimonies cannot be fufpedted. The moft 
 Grave and Antient among the Latins, ftiall be Gulielmui PugUenfis, Malaterra, 
 Leo Oftienfis, Amatus, a Monk of CaJJino, Ordericus Vitalis, Lupus Protofpata, the 
 anonymous CaJJlnenfis, Petrus Diaconus, and Gulielmtcs Gemmeticenfis. And among 
 the Greeks, the Princels Anna Comnena, Joannes Ctnnanms, Cedremis, Zonaras, and 
 other Collectors of the Bizantine Hiftory, which Charles dti Frefne hath illuftrated 
 with Notes. 
 
 GULIELMUS PugUenfis relates in Latin Ntrk, though not very Elegant, 
 but very good for the Style of the Age in which he liv'd, the Adions and warlike 
 peats of the Normans jn Calabria. He writes not in a poetical Strain, but like an 
 Hiftorian, who refolv'd to give a faithful and diftind: Relation in Numbers and 
 Metre. His Account reaches to the Death of the famous Robert Guifcard, which 
 happen'd about the Year 1085; he publifh'd it at the Defire of Pope Urban II. who 
 was advanc'd to the Pontificate in the Year 1088, and dedicated it to Roa-er, the 
 Son and Succeflbr of Robert Guifcard. This fmall hiftorical Poem in Manufcript, 
 was found by Joannes 'Tirenceus llauteneus. Advocate Fiical of the Province of 
 Rouen, in the Library of the Monaftery of Becohelvine near to Strasburg. 
 
 MALATER R a is an Author that deferves more Credit : He wrote a very 
 long Hiftory in Profe, of the Conquefts made by the Normans in Italy, by Order of 
 Roger Count of Sicily and Calabria, who was Brother to Robert Guifcard. This 
 Work having been a long Time buried in Oblivion, the Manufcript of it was found 
 in Saragofa, among the Hiftories of the Kings of ylragon in the Year 1579 by 
 Geronimus Zurita, who publifti'd it ; and Baromus mentions the finding of this 
 as a real Treafure ; fo that they who have wrote the Hiftory of Sicily, for not 
 having read this Author, have committed a Thoufand Blunders 
 
 LEO Bifhop of Oftta, is an Author well known, and is in every Body's Hands ^ 
 being a Monk of Monte Cafjino, he wrote the Chronicle of that Monaftery, a little 
 after the Time we are about to difcourle of; and tho' his Bufineis was to fhew to 
 the World, the Sanftity and Grandeur of that Monaftery, neverthelefs he affords 
 
 ' Roger. Hnvendcn. apud Gror. in Prolcgom. 1 Dives Apulia refloruit. Hierofolyma famofa, & 
 Audax Francia Norimannorum militiam ex- j inllgnis Antiochia le utraque fuppoluit. 
 perta dellcuic. Ferox Anglia captiva fuccubuic. ' 
 
 5 N great
 
 ^o6 ^he Civil History of Book IX. 
 
 great Light for underftanding the Affairs of the Normans, in whofe Kingdom 
 
 he wrote. „ , , 
 
 AMARUS, a Monk of Cajfim^ flourilh d about the lame Time; he was alfo 
 made a Bifhop afterwards, though 'tis not known what Bifhoprick he got. I^cU-us 
 Diaconus ' numbers this Ainatus amongll the famous Men of Qiffjio^ and fays he 
 was moft knowing in the Holy Scriptures, and an admirable Poet. Among his 
 other Works, which he compos'd, that de Geflis Apoftolonim Petri S Paul/, was 
 dedicated to Pope Gregory \U. and the Hiftory of the Normans \ divided into 
 Eight Books, was dedicated to Defidertiis, that famous Abbot of Motite CaJ/Iiw, 
 who was afterwards Pope by the Name of Vi^or III. This Hiftory of the Normans, 
 written by Amatus, for what we know, was never pubUfh'd in Print. Joannes 
 Baptifta Martis, in his Annotations on Petrus Diaconus, relates, that in his 1 ime this 
 Hiftory was preferv'd in Manufcript in the Library of Cajfino, wherein many Things 
 worth knowing, concerning the Adtions and Cuftoms of the Normans, were moft 
 accurately defcrib'd. But the Abbot of Nuce laments this Lofs, and in his Notes 
 on the Chronicle of Cajfino ' relates, that it had been taken out of that Library, 
 with many other Things worthy of eternal Memory. This Author liv'd about the 
 Year 1070, when, according to the Tafte of that Age, Learning was, for the moft 
 part, confin'd to the Monafteries. T here flourifh'd many others, fuch as Albertciis, 
 Conftanthnis, Giiaiferius, Alphanus, who was afterwards Archbifhop of Salerno, and 
 others that may be feen in Petrus Diaconus. 
 
 LUPUS Protofpata, the anonymous CaJJinenfis, Tindi Petrus Diaconus himfelf, 
 wrote likewife fomething concerning the Normans ; but Ordnricus Vttalis, and Gultel- 
 wus Gemmeticenfis much more diffufely, befides a great many modern Writers, who 
 are well known to every Body. 
 
 PRINCESS Anna Comnena, made herfelf famous in the World, as well for 
 her Judgment and Erudition, as her Quality and Birth : She was Daughter of 
 Alexius Comnemts, Emperor of Conftantinople and of Irene. Zenaras and Nicetas 
 aflure us, that this Princefs was a great Lover of Learning, and that flie fpent moft 
 of her Time in reading. She not only apply 'd herfelf to Hiftory and polite Learn- 
 in<^ but likewife to Philofophy. She wrote the Hiftory oi Alexius Comnenus her Father, 
 aga'inft whom our Robert Guifcard made a moft cruel War, which was partly the 
 Subieft of her Hiftory ; and tho' fome times, according to the Cuftom of her Nation, 
 fhc fail'd in relating the Truth exadly, neverthelefs ftie ought to be credited, when 
 ftie fpeaks in Commendation of Robert Guifcard, whom ftie very much hated, as 
 beinf a bitter Enemy to her Father. In the Preface to her Hiftory, fhe promifes to 
 fay n'othing that might make her be accus'd of Complaifance or Flattery, or that 
 was not confonant with Truth ; yet we fee, that what (he writes of her Father is a 
 continu'd Panegyrick. The Latin Authors are not of the fame Opinion, for they 
 reprefent Alexius as a deceitful, diflembling Prince, whofe Reign was more re- 
 markable for his unworthy, than his good Adions ; and truly his ill-grounded Jea- 
 loufy was a great Prejudice to the French, who having taken the Crofs upon them, 
 were fighting under Godfrey of Btdogne for the Conqueft of the Holy Land ; but 
 perhaps the Latin Authors have been as (paring, as Anna Comnena was prodigal in 
 her Commendations. Hoefchelius publifti'd the firft Eight Books of her Hiftory, 
 which he had got from the Auguftan Library. Joannes Groiio'vius beftow'd fome 
 Pains upon it afterwards, and in the Year 1651, Peter Pouffin a Jeluite, publifti'd 
 it with his Lattn Tranflation of the Lou-vre Imprefllon. Afterwards the Prefident 
 Coufn tranflated it into French, and laftly, Charles du Frefne e\plamd it with Notes. 
 
 JOANNES CINNAMUS liv'd under the Emperor Emanuel Comnenus^ 
 whofe Exploits he gives us at large in his Hiftory ; he is an elegant Writer, and 
 ftudies to imitate Procopius. He makes frequent mention of our Nortnans, and his 
 Hiftory is now illuftrated with Notes by Charles du Frefne. Cedrenus, Zonaras, 
 and the other Writers coUedled in the Byzantine Hiftory, Ibmctimes make mention 
 of our Nortnans alio. 
 
 THE Motives that indue 'd the Nrmaus to come from Neuflria into thefe our 
 Provinces, ought to be attributed to nothing elfe but the Zeal thefe People had for 
 
 ' Petr. Diaconus de Virls Illuftrib. Sacri j Chronic. Caflin. 
 CalTln. Archifterii. j * L'b- ?• cap. ?f. 
 
 '■ Petr. Diaconus lib. 3. cap. ?;. in Auftuar. ' 
 
 the 
 
 I
 
 Book I5(. Z/?^ K I N G D o M 0/ NAPLES. 407 
 
 the Chrlftian Religion, after they had forfaken Idolatry, and worlhipp'd the true 
 Deity. There was a Cuftom which prevail'd in the World at that Time of going 
 on Pilgrimage, not fo much as now a-days, in order to fee Cities, new Fafhions, 
 and different Cuftoms, as out of Devotion to vifit the moft famous Holy Places. 
 Now, in this and the preceding Century, two Places in thefe ciur Provinces 
 became famous all over the Weft, to wit, that of Monte Gar^ano, by reafbnof the 
 Angelical Apparition, and the other oi Monte CaJJlm, for the Sandtity and Miracles 
 of S. Benedth and his Monks ; but among all the Holy Places, as in Juftice it ought 
 Jerufjlem was the moft illuftrious, a Holy CitVj where our glorious Redeemer 
 water 'd the Earth with his Blood, and where he was buried. 
 
 AMONG all the Chriftians of the North, 'tis incredible how much the Normans 
 o£ Neujlri a were inclin'd to this Exercife of Piety ; neither the Length of the Journey 
 nor the Difficulty of the Paffage, nor the Rigor of the Weather and Seafon 
 nor the Neceffity of travelling through the Midft of Robbers and Infidels, nor 
 Hunger, nor Thirft, nor any other greater Danger or Inconveniency whatfoever, 
 fi-ightned them. In order to overcome fb many Difficulties, they join'd in Bands and 
 pafs'd through thofe unfrequented Places, and being of great robuft Bodies, inur'd to 
 War, and couragious, were able to cope with whole Armies, and often had bloody 
 Engagements with the Greeks and Infidels, and broke through all Obftacles. On 
 fuch Occafions, either in the going or returning, they were wont to vilit our Sanftu- 
 aries oiGargano and CaJJino. 
 
 I N the Beginning then of the eleventh Century ', forty, as Leo Ofiienfis writes % or 
 according to the Opinion of others, a hundred of thefe Normans having left Neuftria - 
 travell'd towards the Eaft, and on their Way to Jerufalemy made great Havock 
 amongft thofe Barbarians. In their Return they took another Rout ; for imbarkino- 
 they fail'd up the Mediterranean^ and arriv'd on the Coaft oi Salerno ', where they 
 landed, and in that City, were honourably receiv'd by the Salemitans^ who were 
 amaz'd at the Sight of Men of fuch robuft Bodies. Salerno was govern'd at that Time 
 as we have faid, after the Death of Prince John^ by Giiaimarus III. his Son by 
 Ofiienfis * nam'd the Elder, in order to diftinguifh him from the other Guamarus 
 his Son, who fucceeded him. This Guaimariis from the Year 994, in which fohn 
 his Father died, govern'd the Principality, fometimes alone, Ibmetimes with his 
 Son, to the Year 1031, in which his Son died. They were invited by this Prince 
 to ftay fbme time in Salerno^ to refrefh themfelves after the Fatigue of their Voyage 
 and to partake of the Sweets of the Country. But behold an Accident happened 
 which afforded an Opportunity to thele few Normans to fhew their Courage and at 
 the fame Time to recompenlc Gnaimanis for the kind Entertainment he had be- 
 ftow'd upon them. In the Courfe of this Hiftory we have often related that the 
 Saracens never fail'd to infeft the Principality of Salerno^ coming fometimes from 
 Africa^ and frequently from the neighbouring Sicily^ in Ships upon the Coaft of 
 this City, and to ruin the adjacent Country, the Fields and Caltles, which occafion'd 
 great Calamities : Guaimariis not having Forces fufficient to repulfe them had been 
 oblig'd to buy his Peace with large Sums of Money, While the Normans were in 
 Salerno, the Saracens with a great Fleet arriv'd on the Coaft, and threaten'd Ruin and 
 Deftrudtion, unlefs they got a vaft Sum of Money ; Guaimariis having no means where- 
 withal to defend himfelf, was ready to grant their Demand ; and while he and his 
 Officers were bufy in raifing Contribution amongft his Vaffals, the Saracens havina 
 landed from their Ships, cover'd the Space betwixt the Sea and the City where* 
 expeding the Ranfom, they gave way to Gormandizing and Excefs. The Normans^ 
 who were not accuftom'd to fuch ignominious Ufage, reproach'd the Sakrnitans for 
 fuffering their Enemies to triumph fb infolcntly over them, by chufing rather to be 
 at the Charges of the Triumph, than to defend themfelves, and refblv'd, with 
 unheard-of Bravery to revenge the Affront ; and whilft the Saracens, little dreading 
 the Danger, were drinking and revelling, they attack'd them with fb much Fury 
 and Bravery, that after a terrible Slaughter, they forc'd the reft to fly, and betake 
 themfelves to their Ships with greater fpeed than they had come afhore. So glorious 
 an Exploit occafion'd no lefs Joy than Admiration in the Salermtans, and Prince 
 
 ' Pellegr. in Scrie Abb. Caff, in Atcnulpho, 
 VergenteA. Chriftl millcfimo. 
 
 * Oftienf lib. 2. cap. 57. Quadraginta numero 
 Normani in habitu pcregiino. 
 
 3 
 
 Ibidem. 
 
 * Ibid. A Guaimaro majore, qui tunc 
 Salerni principibarur 
 
 Guaima-
 
 4o8 The Civil History of Book IX. 
 
 Guainiarus was at a lofs how to reward them as they deferv'd ; he intreatcd tliem to 
 remain in the Country, offering them Habitations, and the moft honourable Em- 
 ployments ; but they protefted that they had had no private Intereft in this Adion, 
 and that they would have no other Recompence, but the Pleafure of having acqu-tted 
 themlelves of the Duty they ow'd to Religion, by defeating the Infidels. But left 
 they (hould feem infenfible of his Civilities, and not to comply with his Defire of 
 having fuch Men as they about him, they promis'd cither to return themfelves, or 
 fend Ibme ot their Countrymen of equal Courage ' with themfelves. Therefore 
 they prepar'd to return to their native Country, which they long'd to fee. The 
 Prince, not able to detain them longer, us'd all Aleans imaginable to pcrf i:^de them 
 upon their Arrival, at leaft to fend him fome of their Countrymen ; and whiift they 
 were imbarking for Normandy, he ordcr'd many of his Officers to be ready to 
 accompany them, with Veflels loaded with the moft exquifite Fruits, as far as their 
 own Country ; he likewile prefented them with precious Garments of Gold and Silk, 
 and rich Furniture for Horles. Guaimarus was not diiappointed, for his generous 
 and noble Behaviour, was not only an Invitation, but likewife a very ftrong Allure- 
 ment to the Norvmns to come to thefe our Provinces. For on their Arrival in 
 Normandy, having reprelented the Defire our Princes had for their Nation, they 
 prevail'd upon a great Number of People, and fome of them of noble Birth, to 
 undertake the Journey. To which, an Opportunity which we are going to relate, 
 gave a Handle. 
 
 IN the Court oiKobert'Duke o? Normandy, amongft other Lords who frequented 
 his Palace, there were IVtlltam Kepoftel and Ojhiond Drengot ; this laft bearing a 
 Grudge at IVtlltam, who had publickly bragg'd he haid receiv'd the laft Favours from 
 his Daughter, challeng'd him to fight a Duel j and notwithftanding they were in 
 Company with Duke Robert, who with his Court was taking the Diverfion of 
 Hunting, they ingag'd, and Drengot run his Enemy through with his Lance, and 
 kill'd him. Duke Robert taking this as an Affront, endeavour'd to have 
 him feiz'd, in order to make a publick Example of him ; whereupon Ofuicnd, to 
 fhun the Wrath of his Sovereign, fled firft into England ; and at laft, feeing the 
 Way to Italy fb well pav'd to his Hand, refolv'd to go thither with his Kindred, 
 and likewile induc'd others to undertake the Journey with him. This gallant 
 Norman carried many of his Brothers along with him, who according to Oflienfts^ 
 were Rainulphus, Afclittinus, Ofmojidtis, and Rodtilphus, together with their Sons, 
 Nephews, and many other Friends. This Rainulphus was the firft Count oi Averfa, 
 and was fucceeded by Afclittinus, by Or dor tens Vi talis % call'd Anfchetillus de 3ua- 
 drellis, from whom are defcended the firft Normans who poftefs'd the Principatity 
 of Capua, as we (hall lee. 
 
 THESE Heroes, of moft noble Blood, having come from France accompanied 
 
 with many of their Normans, were receiv'd with much Joy and Marks of Efteem by 
 
 our Princes, who well remember'd what their Countrymen had done in Salerno a 
 
 few Years before. Some fay that they went firft to Benevento, others that they took 
 
 Service under the Prince of Salerno, and others that they came to Capua ^ ; all 
 
 which may be true, for thefe new Normans, being lels difinterefted than thole who 
 
 had fought at Salerno, were ready to ferve him who rewarded them beft ; and 
 
 our Longobard Princes, who had both the Greeks and Saracens to deal with, coveted 
 
 to have lb gallant Men in their Service, by whole Means they expedlcd to reap 
 
 great Advantage. ' However that may be, 'tis certain, that tho' it does not appeaf" 
 
 precifely in what Year they went to Capua, yet they muft have been there before 
 
 the Year 1017, when Melo, who had fled from Bari, found Sanduary there, and 
 
 was kindly receiv'd by Pandulphus IV. who became Prince of Capua in the Year 
 
 1016, together with Pandulphus II. the Son o{ Landulphus of St. Agatha, which 
 
 gave Opportunities to thefe new Normans, in his Service, to fignalize themfelves in 
 
 many noble Expeditions. 
 
 THE Greeks by their new Magiftrates call'd Catapani, had made their Govern- 
 ment in Puglia infupportable, and gave Occafion to i>ew Dilbrders and Tumults 
 in Bari the Scat of that Magiftrate ; for the Barefians not able to bear the fevere 
 Government ofCurcua the new Catapanus, pufti'd on by Melo a valiantCaptain of the 
 Blood of the Longobards, who liv'd in Bari, whither he had tranlportcd his Family 
 
 ' Oftienf. lib. z. cap. 57. 1 ' Oftienf. loc. cit. 
 
 * Ordoric. Vital, lib. ;. ' ♦ Pellcgr. in Stem. 
 
 a long
 
 Book IX. the Kingdom 0/ N A P L E S. 409 
 
 a long time before, revolted from the Greek Empire, and hoping to (et their native 
 Country at Liberty, put themfclves under theConduft oi Melo, whom, with D.^tus 
 his Kini'man, they chofe for their Head. But the Emperors of the Eaft being appriz'd 
 of this Revolution, they immediately lent into Italy Baplms Bajanus to be Catapanus j 
 who, upon his Arrival in Puglia with a goodly Company of Lords and Soldiers of 
 Macedonia, laid Siege to the City of Bari. The Barefians thus befet, inftead of defend- 
 ing themfelves, minded nothing but to make their Peace with the Greeks at Melo's 
 Coft, offering to deliver him up ; which Melo perceiving, he fled immediately to 
 Afcol't with Datus, and not thinking himfelf fafe enough there, retir'd much further 
 off; and in the mean time his treacherous Fellow-Citizens, in order to curry Favour 
 with the Greeks, fent Maralda his W ife, and Argrrus his Son to Conftantmople. 
 Melo, who had retir'd from Afcoli to Bencveuto, and from thence to Salerno, at 
 laft ftopp'd at Capua, where he crav'd Afliftance againft the Greeks from Paudul- 
 phiis, as he had done from the Princes of Benevento and Salerno his Countrymen. 
 On his Arrival in Capua he found the Normans, who had come there a little before ; 
 he had already heard of their Valour, and finding them fit for his Purpofc, by 
 great Promifes ingag'd them in his Service ; and having likewise lifted other Troops 
 belonging to the Lon^ohard Princes, from whom he had begg'd Afliftance, he made 
 up an Army, with which he prefently march'd againft the Greeks, whom he attack'd 
 and defeated in three fucceflive Battles, and made himfelf Matter of fome Cities of 
 Puglia i but afterwards he loft all the Fruits of his Vidtories in the fourth Battle, 
 which happen'd in the Year 1019, near the City of Canne, aPlace formerly famous on 
 account of the ancient Defeat of the Romans ', where Melo was overcome rather by 
 the Treachery of his own Men, than the Power of the Greeks, tho' the Normans 
 continu'd faithful, and fought gallantly. Melo, feeing his Army reduc'd to a very low 
 Pafs, was refolv'd to feek Aililtance elfewhere, and having recommended all the 
 Normans that were left, to Pandiilphus Prince of Capua, and Guaimarus Prince of 
 Salerno, he went immediately to the Emperor Henry, to whom he reprefented the 
 lamentable Condition of thefe our Provinces, which were in Danger of being dif- 
 member'd from the Empire of the Weft, by the prevailing Power of the Greeks, 
 and begg'd of him to fend a ftrong Army againft the Greeks, and even to go and com- 
 mand it himfelf: Henry being ingag'd in other Entcrprizes, and not performing his 
 Promifes, oblig'd Melo twice to undertake the fame Journey, in order to Ibllicit 
 the promis'd Succours ; but in the Midft of thefe Negotiations Melo ended his Days 
 while he was with the Emperor Henry, and the Nori/i.ins having loft their 
 valiant Captain, refolv'd to ingage in fome other Service. 
 
 ADINOLPHUS the Brother of Pandtilphus Prince of Capua, and Abbot of 
 Monte Caffino, was fo often opprcfs'd by the Counts oi Aquino, who frequently made 
 Incurfions upon the Lands of that Abbey, that in order to repulfe them, he 
 refolv'd to employ the Courage of the Normans % who very faithfully perform'd 
 what they were intrufted with, and always protcded the Lands of that xMonaftery 
 from a Village call'd Ptniatario, not far from the City of St. Germano, where they 
 had fortified themfelves. Others of the Normans following Datus, had put them- 
 felves under the Proted:ion of Pope Be}iedi6i VIII. who had given them the keep- 
 ing of the Tower o( Garigliano, which belong'd to the Effatc of the Church; thus 
 Datus reckon'd himfelf lecure, for the City oi Capua cover'd him from being attack'd 
 by the Greeks. 
 
 BUT the Treachery of Pandulphus Prince of Capua occafion'd new Difturbances 
 in thele Provinces, all which conduc'd to the Rife of the Nor:nans. This Prince, 
 tho' in appearance he feem'd to favour the Party of Henry Emperor of the Wefl:, 
 whofe Subject he was ; ncverthelefs he kept fecretly a ftrid: Correfpondence and 
 Friendfhip with Bafilius Emperor of the Eaft, and went fo far, that at laft he was 
 induc'd to fend the Golden Keys to Conjlantinople, and fubjcd: himfelf, his City, 
 and the v.hole Principality to the Empire of the Eiff, juft as it had" been formerly 
 fubject to that of the Weft \ The Emperor Baftlius, to whom this Acquifition 
 was of great Importance, immediately advis'd Ba/anus of it, and charg'd him by 
 means of Pandulphus to endc.ivour to get Datus and his Normans into his Clutches. 
 He cffectL'.ally and pundlually executed his Prince's Commands, and that Pandul- 
 
 ' Ollicnf. lib. 2. cap. 37. j ^ Ibidem. 
 
 ^ Idem cap. ;3. ' 
 
 5 O phui
 
 41 o Tloe Civil History of Book IX. 
 
 fbtis might not be diflTuaded from it by the Abbot Adimlphus his Brother, he refolv'dJ 
 to bring him over likewife to his Intereft, for which purpofe he made ufe of very 
 efFeftual Means, by making a Donation to his Monaftery of the whole Inheritance 
 of a certain Maraldus ofTratii, that had been efcheated ' ; and having fent a great 
 Sum of Money to Paudulpbtis, he intreated him, that if he was truly faithful to the 
 Emperor BafJittSy he would give him a free Paflkge through his Dominions, in> 
 order to feize Datus. The Rcqueft was immediately granted, and Bajanus with a- 
 confiderable Army came and attack'd Datus in Gangliano ; the Befieg'd, tho" 
 catch'd napping, defended themlelvcs for two Days with great Courage, but at laft 
 Courage was oblig'd to yield to Force. Bajamis took the Place, and treated wich- 
 the utmoft Rigour, all thofe whom he found in it, excepting the Normans, whont 
 he Ipar'd at the earnefl Intrcaty of the Abbot Adtnolpbus. But he had' no Pity on. 
 Datus, for this unfortunate Captain was conducted to Bari, and punifli'd as a' 
 Paracide, by being put into a Sack and thrown into the Sea. 
 
 THE Emperor Henry having heard of the Invafion of the Greeks, the Treachery^ 
 of Pandulphv.s, and the cruel Death of Datus, bethought himfelf, that after the Lois 
 of Puglia, and the Principality of Capua, not only Roi/?e, but all Italy was in 
 Danger, if he did not fpeedily fuccour them ; for he had been too long in per- 
 ceiving what Melo had fo often fore-told, but was at lafl rouz'd up, and having 
 drawn together a great Army, he invited the Normans (who had been left at liberty 
 at the Defire of yldimlphus') to fight under his Banner, and forthwith, this Year 
 I022, directed his March towards Italy \ He divided his Army into three Bodies j 
 of one compos'd o( Eleven thoufand Soldiers, he made Poppo Patriarch oi Aquileja 
 Captain, who march'd towards Abruzzo in order to enter the Dominions of the 
 Greeks on that Side ; another Body of Twenty thoufand commanded by Belgrimv.s 
 Archbifhop of Cologn (for in thofe Times it was no flrange Thing, for the greater 
 Prelates of the Church to be ieen at the Head of Armies, which we fliall fee anon 
 pradtis'd by the very Popes themfelves) was fent towards Rome, to feizc the Abbot 
 of Caffino, with the Prince of Capua his Brother, who had been accus'd to the- 
 Emperor as the Author of Datus's Death ; Hairy kept the other with himfelf, 
 defigning to march through Lonibardy, and by the Way of Marca to attack the 
 Greeks. 
 
 THE Abbot Adinolpbns no fooner heard that a whole Army was marching 
 againft him, than he left the Monaftery, and refolving to fave himfelf in C(?;//?^k- 
 tinople, in great hafte he fled to Otranto, where having embark'd on the Adriatick 
 Sea, he was Shipwreck'd, and himfelf with all his People drown'd. 
 
 THE Prince his Brother, when he faw that he was befieg'd in Capua by the 
 Archbifhop oi Cologn, left he fhould be betray'd by his own Vanals, who hated him 
 mortally, furrender'd himfelf to the Prelate, on Condition to be carried to Henry, 
 before whom he promis'd to prove liis Innocence \ Belgrimus took him under his 
 Proteftion, and carried him to Henry, who at that Time had laid cloie Siege to 
 ^roja in Pugha, a City built by the Greeks that very Year, which a few Days after 
 furrender'd to him. The Emperor was overjoy 'd, and conven'd all his Barons, as 
 well Italians, as thofe beyond the Mountains, for judging his Caufe ; who unani- 
 moufly fentenc'd him to die ; but the Archbifliop, under whofe Protection he had 
 put himfelf, by Intreaties and Tears prtvail'd fo far upon the Emperor, that he 
 chang'd the Sentence of Death into perpetual Banifhment, caus'd him to be put in 
 Chains, and carried him with him to Germany. 
 
 HENKT gAve. the Principality of Capua to Pandulpbus Count of 7'iano, and at 
 the fame Time he inverted Stepben, Melo, and Peter, Nephews of the famous Mel-o, 
 in that County, who had undertaken to maintain it againft the Greeks, as their 
 Uncle had done before. Thus did the Emperors of the Weft difpole of the Prin- 
 cipality of Capua, and the Counties of which it was made up. But Henry bein^ 
 oblig'd to recall his Army on account of the cxcefTive Heats of Pu^^lni, which his 
 Germans could no longer bear ; he intruftcd the Defigns he had upon Italy to the 
 Bravery of the Normans, leaving it upon them to drive the Greeks out of it. He 
 recommended to them particularly, that upon any emergent Occafion they fhould 
 •aflift the Nephews of the renown'd Melo, to whom he likewife gave lome other 
 
 ' Oftienf. loc. cit. i ' Ibid, de lib. c. 41. 
 
 ^ Ibid. lib. 2. cap. 59. 1 
 
 famous 
 t
 
 Book IX; the K i n ai>o m of N. A, P L I; S. 4,1^1 
 
 famous Normans for Afliftants ; who, according to Oflieufis^ were Gifelbertus and 
 Gofinanus, Stigandus, I'urjlhms^ Balbus, IValierits de Canofa^ and Hugo Fallucca 
 with eighteen other gallant Companions. 
 
 X }^E Emperor Henry likewife recommended thefe Normajis to the Princes of 
 Bfiieventp and Sulerno^ and to Pandulpbiis of T^aiio, the new Prince of Capua 
 bidding them to en^ploy th(;n> on all Qgca/ions. B^t thefe Princes Ibon forgetting' 
 the great Obligations the Longobards were under to the Normans, who had done 
 them great Service againft the Greeks, began to defpife them j whether they thought 
 they ftood no more in need of them, or whether they took it in ill Part that they 
 ■were employ'd in the Emperor's Service ; they iliffer'd them to wander in the 
 Woods, without fo much as allowing tliem a Place for Shelter, and deny'd them 
 their wonted Pay. 
 
 THE Normans, who were not us'd to bear fuch Injuftice, took Arms againft the 
 ii^hiibitants of the Country, and immediately brought them to be at their Difcre- 
 tion J and in order to obtain more Iccurely what they wanted, they chofe them- 
 felves a Leader of their own Nation. The firft was Turjlinus, one of thofe brave 
 Men mcntion'd by Ofiienjis, of Strength equal to his Courage, and every way 
 qualified for the Poll. But not long after this gallant Captain, by the Deceit of the 
 PiigUans, was attack'd by a Dragon, and tho' he kill'd him, yet died by the veno- 
 mous Breath of that Serpent, as Giilielmus Gevimcticenfis has ic ' : However there 
 were not wanting worthy Succeflbrs to revenge his Death, for the Normans unani- 
 moully chofe Kainulphus, a valiant and skilful Warrior "", who was the firft of the 
 Normans that took upon him the Qiiality of Prince iu Italy, and who eftablilh'd a 
 certain and fix'd Seat in thele our Provinces, as we fhall fee anon. 
 
 IN the mean time //f;//7, after having reigu'd Twenty-two Years, in the Year 
 1025, ended liis Days in Germany, without leaving ^ny Iffue ; and on account of 
 his Piety, and more for his fingular Chaftity, which, even tho' married, he would 
 preferve, we now pay him the Honour due to Saints. He built many Churches in 
 Bamberg, which he fubjeded to the Pope. A moft prudent Prince, who, conHder- 
 ing, that for want of Children, Confufion and Dilbrders might happen about the 
 Eledion of his Succeffor, upon his Death-bed, he call'd for the Princes of the 
 Empire, and nam'd Conrad Duke of Franconia, furnam'd the Salick, a wife and 
 gaU.mt Prince of the illuftrious Houfe o{ Saxony, to be his Succeflbr \ The Princes 
 of the Empire confenting, eledted him King of Germany and Emperor : So that 
 Conrad was advanced to the Throne, not by Hereditary Right, but by Eledion, as 
 was the Cuftom, tho' he was nam'd by his Predeccflbr, as if the Electors with 
 common Confent had inrruftcd Henry with the Eledtion. Neither was that which 
 Otbo III. had prefcrib'd, obftrv'd in his Eledion, for he was not cleftcd by the 
 ieven Eledtors only, but by all the Princes ^ and Otto's Regulation was not put in 
 Practice till long after. 
 
 BASILIUS Emperor of the Eaft likewife died this Year 1025, and (hortly after 
 in 1028 Coiiftantine, zaAKomaniis, furnam'd Argirus, was elected their Succeffor. 
 
 ' Guilielmus Gemmet. !ib. 7. cap. ^o. 1 ' Antoninus 2 par. hift. tit. 16. cap. 4. §. r. 
 
 ~ Cemmet. loc. cit. Gul. App. lib. i. j Virtutemilitari Strenuus, Saplentia, ScScientia 
 
 f j^;ris maxime flbrens. 
 
 
 C H A P.
 
 41 1 
 
 The Civil History of 
 
 Book IX. 
 
 CHAP. I. 
 
 The City of Averfa founded , and Rainulphus the Norman made 
 
 firjl Count thereof. 
 
 HE Death of Henry, and the Eledion of Conrad, chang'd the Face of 
 Affairs in thefe our Provinces. The new Prince of Capua, Pandul- 
 pbtis of 'tiano, on account of his abominable Prafticcs, and efpecially 
 his Avarice, was abhorr'd by all. He had difgufted the Normans, 
 who feeing themftlves treated lb unworthily, opprefs'd the Country 
 People, and held them in Subjedion ; therefore his own Vaffals 
 detefted him. He had likewife difoblig'd Guaimarus III. Prince of Salerno, and 
 by his Behaviour had brought Things to that pafs, that he became his inveterate 
 Enemy. 
 
 ALL theft Things wrought his Ruin, for after //ifwry's Death, Guaimarus -a^^d 
 all Means to gain the Favour of the new Emperor Conrad, and manag'd Matters fo 
 well, that he enter'd into a ftridt Correfpondence and Friendfliip with him. Guai- 
 marus had married Gaidelgri}?ia Sifter of Pandulpbiis IV. who was ftill in clofe 
 Prifon in Germany: The firft Favour he defir'd of Conrad, was to fet his Biothcr-in- 
 Law at liberty, and to reftore him to the Principality of Capua '. Conrad granted 
 his Requeft, and order'd him to be reftor'd to that Principality. 
 
 KAINULP HUS, who with his Normans had been ib ill us'd by Pandulphus of 
 ^iano, feeing fo fair an Opportunity to be reveng'd, prefently join'd with Guaimarus, 
 and with their united Forces, refblv'd to reftore Pandulphus IV. to the Principality of 
 Capua. This Prince being aflifted by Guaimarus and the Nortiuvis.^ as alio by his 
 old Friends he had in Puglia, and by Bajanus the Catapanus himlelf, and the Counts 
 of Marfi, laid Siege immediately to Capua, in order to drive out his Competitor, 
 who defended the Place for the Space of eighteen Months ; but not being able to 
 hold out longer, was oblig'd to furrender it to Bajanus, who took him under his 
 Cuftody and Proteftion, and fent him, with his Son John, and all that belong'd 
 to him, to Naples, where he was courteoufly recciv'd by Sergtus who was then Duke 
 of it. 
 
 PANDULPHUS IV. like all ambitious Men, not fatisfied with having recover'd 
 his former Principality, was grievoufly offended that Pandulphus of ^lano fhould be 
 protedted by Sergius, fo that he began under this Pretence to refolve upon new 
 Enterprizes againft the Dukedom of Naples. 
 
 H E had not fhewn himfelf fo grateful to the Normans as the important Ser\'ice 
 they had done him at this Jundture dcferv'd, wherefore they refolv'd to eftablifh 
 themfelves in Ibme Place in that Neighbourhood : They firft pitch'd upon a Place, 
 which is thought to be that which we now call Pontc a Selice, three Miles above 
 Averfa, which appear'd to be the moft Fertile "■ ; but when they began to build, 
 the Foundation prov'd Marfiiy, therefore they quitted it, and built their City 
 at Ibme Diftance from it, which afterwards, from their Name was call'd A-ierJa la 
 Normanna, and was poffefs'd by Kamulfbus with the Title of Count, for Reaibns 
 which we fhall relate. 
 
 ' Ofticnf. lib. 2. cap. jS. 
 
 Gul. App. lib. I. 
 
 PANDULPHUS 
 
 I
 
 Book IX". ?/:7ff K I N G D o M 0/ N A P L E S. 415 
 
 PANDULPHUS IV. delay'd putting his Defigns againit Sereins Duke of 
 Naples in Execution only one Year. The Dukedom of Naples was at this 'I'inie, 
 after Marmus, whom the Anonymous Salernitau mentions, govern'd by this Sergitis^ 
 and tho' by ancient Tenure it was iubject to the Emperor of the Greeks, neverthe- 
 lefs it was govern'd by the Dukes with ablolute Authority, in the Form and Uifpo- 
 fition of a Republick. W hen Paudulpbus march'd his Army againil Naples, Ser- 
 gins being unprovided, and at a great Diftancc from the Gre.ks, who cou'd give 
 him no Adiftance, was forc'd to leave the City, which, after a fliort Rcii.Lnnce, 
 furrender'd to Prince Pandulpbv.s ^ this was the firil Time that Napks kid been 
 fubdued by the Lnngobani Princes, and made llibjed: to their Dominion, after the 
 Efforts of lb many others, who never could conquer it j P.ihdulyhus of 3l..'»o havin» 
 made his Efcape, fled to Koine, where he fbon ended his Days in a mifcrable Exile. 
 
 SEKGIUS being driven out of the Dukedom of Naples, and not able to find 
 Afliftance for turning out the Invader any where elle, very wifely had recourle to 
 the Normans, aifuring them of a more generous Treatment than they had hitiierco 
 had from the Longobard Princes. Rahmlpbiis, who had been ill us'd by that Prince, 
 embrac'd all Opportunities by which he might the bctttcr ellabliih himfelf, and pro- 
 cure his own Advantage, and upon thefe Promifes, accepted the Invitation, and with 
 his Normans join'd Sergttis, and did him fuch fignal Service, that they forc'd Pandid- 
 pbits to quit Naples, after he had been three Years in Pofleffion of it, and reftor'd 
 Sergtiis to his Dukedom, to the great Glory and Reputation oiKaimilpbus. 
 
 SEKG lUS, not following the Example of the Longohard Princes, was mindful 
 of his Promiies to Katniilpbus, kept his Word, and enter'd into a ftridt Alliance with 
 the Normans, and in order to a more dole Union betwixt them, he married a KinjP- 
 woman oi Kainulphus ; and befides, to fecure himfelf againft the Infults of the 
 Prince oi Capua, he built a llrong Fort betwixt that City and Naples, made Kainul~ 
 pbtis a Count ', and gave the Title of County to all the Territories about that City 
 which they were building, and had then begun to inhabit, which cover'd the Duke- 
 dom o£ Naples ; and feeing he was refolv'd to keep up an Averfion betwixt the 
 Normans and the Prince of Capua, 'tis thought that on that account this City was 
 call'd Aver fa. 
 
 'T I S not improbable, what Summontes, from the Authority of Joannes Vtllani, 
 fays, that the Realbn that induc'd Duke Sergitis to give the Title of Count to Kainul- 
 pbus, mull have been, becaufe that Territory was within the Demefnes of Naples, 
 being only eight Miles diftant from it j and the rather, becaule Villani '■ in his 
 Chronicle of Naples fays, that the Normans built Averfa, which formerly was a 
 Caflle belonging to Naples. But this Title, as we Ihall Ihortly lee, was confirm 'd 
 afterwards to Rainulpbus by the Emperor Conrad. Thus did the Normans . begin to 
 have a fix'd Refidence in thefe our Provinces ; but much greater Acquifitions fol- 
 low'd afterwards, on the Occafions which we Ihall loon relate. 
 
 ' Pellegr. in Stemmac. A. 1030. Oftlenf. 1 * Chronic. Neap. Jo. Vlllani, lib. i. cap. 60. 
 lib. 2. cap. 53. I 
 
 S E C T. I. 
 
 T'he coming of the Sons o/'Tancred Count of Hautcvillc, and the Death of 
 Conrad the Salick ; and his Laivs. 
 
 RA I NU LP HU S being thus eftablifh'd in Averfa, fet about fortifying him- 
 felf there, and began to act as a Prince ; he lent Ambaffadors to the Duke of 
 Normandy, inviting his Countrymen to come and partake with him of the charming 
 Country, where he was already Mafter of a County ; and to induce them the more, 
 he gave them hopes of their having the lame good Fortune : Upon this Invitat;on 
 there came a much greater Number o{ Normans into Italy than at firlt ; with thefe 
 came the eldeft Sons of 'Tancred of IJauteville, the Head of the Family, of whole 
 numerous OfT-lpring, from wliich were defcended the Heroes, who not only con- 
 quer 'd thefe our Provinces, but likewiie Sicily, we (hall fhortly give an Account. 
 
 5 1' The
 
 4 1 4 7he Civil History of Book IX. 
 
 The Expedition of the Sons o£'Tancred into thefe our Provinces ought to be plac'd in 
 the Year 1035, they came not all the fame Time, but the firfir were IVtUiam, Drogo, 
 and Uinlert. The reft came afterwards, and only two remain'd in their native 
 Country '. 
 
 THESE valiant Champions having firft pufli'd their Fortunes in diverfe Places, 
 at laft arriv'd in Italy with other Norniaus^ and fix'd themlelves in Salertio^ under the 
 Protediion and Pay of that Prince. The Principality oi Salerno was govern'd at this 
 'I'lmthy Guaimarus IV. Son o( Guaiinarus the Elder, who had been dead fince the 
 Year 1031. This Prince, after the Example of his Father, had a great Efteem for 
 thefe laft Normans, whom he valu'd above all the reft of their Nation ; whether it 
 was out of Inclination or Policy, 'tis certain that he employ'd them in all his Affairs, 
 and had fuch Regard for them, that he ftill heap'd Favours upon them ; and there- 
 fore as a moft prudent Prince, govern'd his State with Vigour and Magnificence. 
 
 ON the contrary, Pandtilpbus Prince of Capua, who had been ungrateful to 
 them, by his Cruelty and Avarice, had gain'd the Hatred of every Body ; his fre- 
 quent Incurfions, and the Robberies which he committed on the Monaftery of 
 Caffiuo, oblig'd thefe Monks, in order to proted themfelves from his Tyranny, to 
 have recourie to the Emperor Conrad then in Germany, to whom with Tears in their 
 Eyes they complain'd of the Deftrudion of their Monaftery, and intreated him to 
 come into Italy to relieve them from the OpprefHon of this Tyrant, putting him in 
 mind that it was a Duty incumbent on him, becaufe their Monaftery was under his 
 Protedion, as it had been under the immediate Care of his Predeceffors \ 
 
 TO this were likewife added, for haftening Conrad's coming into Italy, the 
 Revolutions that had happen'd at the fame in Lombardy, of which the Archbifhop 
 oi Milan was reputed the principal Author '. Therefore Conrad relolv'd at laft to 
 undertake a Journey towards thefe our Provinces ; and in the Year 1038, having pafs'd 
 the Alps, with a powerful Army enter'd Italy, and ftopp'd at Milan, where he 
 quell'd the Infurredion, by imprifoning the Rebels, and likewife the Archbifhop 
 the Promoter of it. He fbon after went to Rome, where he heard the Complaints 
 of a Multitude of People againft the Prince of Capua ; he took Cognizance of his 
 Crimes, and having gone to the Monaftery of Cajfino, fent Ambaffadors to Pandtil- 
 pbus to induce him by fair Means to reftore what he had unjuftly taken fiom that 
 Monaftery ; but he perfifting in his Dilloyalty, Conrad came to Capua himfelf, and 
 Pandulpbtis, to avoid his Indignation, retir'd to the Caftle of S. Agatha. The Emperor 
 being receiv'd in Capua with great Pomp and Rejoicings, was, with great Solemnity, 
 and the ufual Ceremonies, crown'd there on the Feaft oi Pcntecoft. It was then the 
 Cuftom of the Emperors to repeat thefe Solemnities frequently on the moft folemn 
 Days of the Year ; for this fee how the moft incomparable Pellegrinus correds the 
 Anonymous Caffinen/is ; for Conrad was not firft crown'd King or Emperor in 
 Capua, it was in the Year 1026 that he was proelaim'd King, and the Year follow- 
 ing Emperor, the firft time he came to Rome. In the mean time Pandulpbtis us'd all 
 Means poiTiblc to pacify Conrad, by begging his Pardon ; at laft he offer 'd him Three 
 hundred Pounds of Gold, the half of which he paid immediately, and the other half 
 was to be paid at a certain Time, and in the mean while, until the whole was paid, 
 promis'd, to give his Daughter and a Nephew as Hoftages ; the Emperor accepted 
 the Offer, to whom he prefently fent the Money and Hoftages. But this Prince fbon 
 after repenting of what he had done, and reckoning that he might eafily get in again 
 to Capua, as foon as Conrad was gone, after many Delays, he at laft refus'd to pay the 
 Remainder of the Gold. Conrad having now difcovcr'd the Intention of this Prince, 
 and that he would no fboner begone, than, according to his mi£hievous Inclinations, 
 he would quickly return to Rapine and Cruelty, rcfblv'd to deprive him intirely of 
 the Principality oi Capua, and give the Inveftiturc of it to another. 
 
 FOR which end he call'd an Affembly of the Grandees, and many of his Barons, 
 at which he would likewife have the Noblemen of Capua prefrnt, that nothing 
 might be done without their Advice and Confent, and in cafe Pandf.lphus was to be 
 depos'd, he might more maturely advance another, that fliould be more deferving of 
 the Principality. Pandtilpbus was depos'd, and the Principality given to Gttaimarus 
 
 ' Malat.llb. 1, cap. 9, 11, 19, & 58. Oflienf- 1 ' Oftienf.lib. 2. c. 65-. 
 lib. 2. cap. 67. I ^ Aatoain. 1 par. tit. 16. 
 
 cap 2. §. I. 
 
 Prince 
 
 t
 
 Book IX. ^/;^ K I N G D o M 0/ N A P L E S. 413 
 
 oi Salerno, a mofl: prudent Man, and in great Favour with the Emperor Conrad- 
 and now thefe two Principalities were united in the lame Perfbn. 
 
 PANDULPHUS having left his Son in the Caftle of S. Agatha, went to Con- 
 ftantiuople to feek Aniflance from the Emperor. But being prevented by Gnamarus 
 inrtead of giving him Affiftance, the Emperor banifh'd him, and he continu'd an 
 Exile as long as the Emperor liv'd, which was above two Years ; after whofe Death 
 he was reftor'd to his Liberty by his Succeflbr ; but, not able to procure any Affi- 
 ftance, he return'd without Succels '. 
 
 A T this x\mtGuaimartis, being mindful of the fignal Services the Normans had 
 done him, took hold of the Opportunity to advance them ; and to (hew the Defire 
 he had for their Promotion, he procur'd from the Emperor, the Inveftiture of the 
 County of A-verfa in favour of Kainulphus "■ ; for tho', as we have faid, Kainiilfhus 
 had been made Count over the Normans by Sergius Duke of Naples ; yet that was 
 no more than a Dignity beftow'd on him by way of Office, that is to fay, appointing 
 him Captain over his fellow Soldiers, as Pellegriniis has learnedly explain'd it. The 
 Emperors of the Weft at this Time, claim'd tlie lole Right and Prerogative to give 
 the Inveftiture of Fiefs over all Italy : The Popes, in Imitation of them, pretended 
 afterwards, that the Inveftiture of Benefices belong'd to them only, of which we 
 ftiall have occafion to treat elfewhcre. Therefore Gnaimarus, in order to »ive the 
 Normans a more fure Footing in the County of Averfa, got the Emperor to inveft 
 him in it, by Virtue of which Inveftiture, he enjoy 'd not only the Office, but like- 
 wife the Fief of the City and County, and all thofe Royalties, that areufually com- 
 prehended in fuch Conceflions. 
 
 THE Normans made fuitable Returns for thefe Favours, for not long after, by 
 their Affiftance, Guaimariis took Sorrento, and referving the Title of Duke of 
 Sorrento to himfelf, gave that City to Giiido his Brother. With their Affiftance he 
 likewife conquer'd Araalphis, which he kept to himfelf, and fubjefted it to his own 
 Principality K Soon after he afTum'd the Title of Duke of PugUa and Calabria 
 and ib many Titles and Seignories were united in his Perfon, that no Prince in thofe 
 Times, equal'd him in Power and Grandeur in thefe our Provinces. Wherefore in 
 fome Charters recorded by Ugbelliis in his Italia Sacra, granted by Gtiaimarus IV. 
 we obferve fb many Titles afcrib'd to this Prince, as in one dated in Melphis, Vigefimo 
 Sexto anno Principatus Salerni Domini Nofiri Gttaimarii gloriofi Priucipis ; ^ Sexto anno 
 Principatiis ejus Captix ; & quinto anno Ducatus illiiis Amalphis, & Sirrenti & fecundo 
 anno fupra fcriptortm Principatuim, S Di'.catnnm Domini Gifulfi eximii Principis, ^ 
 Ducis filii ejus ; ^ fecundo anno Ducatus eorum Apulict, S Calabria, menfe Junii 
 Duodecima Indi6lione *. 
 
 I N the mean time Conrad, having left Capua, went to Benevejito, from thence 
 by la Marc a, he crofs'd the Mountains, carrying with him the Hoftages he had got 
 fcom Pandulphiis ; and in the following Year 1039, ended his Days in Germany^ 
 leaving Henry his Son, lurnam'd the Black, his Succeffor in the Empire. 
 
 AMONG the many Excellencies wherewith C(?«r^if was adorn'd, was his Skill 
 in the I-aws, and the great Care he had in eftablifhing them : Upon his Arrival in 
 Italy at Ronccglia, as was the Cuftom of his PredecclTors, he eftablifh'd many 
 prudent and wife Laws ; fome of which we read in the third Book of the Longo- 
 bard Laws, others in the Books of the Feudal Law, and Godalflus collcded many 
 more of them in his Volumes '. 
 
 H E was the firft, who, to the Feudal Cuftoms, added written Laws for regu- 
 lating Succeffions; and to this Day the Succelfion to Fiefs is regulated according to 
 the Cuftom which the Longobards introduc'd into Italy. Fiefs, as we have faid, ac- 
 cording to antient Cuftom, were wont to be granted for a Time only *, the Grantcr 
 relerving to himfelf the Power to refumc the Fief at his Pleafure. Afterwards the 
 Grant was made for one Year only j at length Fiefs were granted during the VafTal's 
 Life ; but did not go to the Sons : In fine, one of the Sons was included, which 
 was when the Lord confirm'd the Fief to him, that had been granted to the Father ; 
 
 ' Orticnf. lib. 2. cap. 6f. 
 
 * Oftienf. lib. 2. cap. 6f. Rainulphum quoquc, 
 ipfius Guaimarii Suggtftionc, de Comitatu 
 Averfano invcftivit. 
 
 ^ Oftienf. lib. 2. c. 65". Eodem tempore Gu&i- 
 marlus Normanis faventibus, furre4itum capit, 
 
 & fiatri fuo Guidon! contulic Amalphim nihi- 
 lominus fuo doininatui fubdidic. 
 
 '' Ughil. dc Archiep Amalf. pag. ij'j-. torn. 7- 
 
 ' Goldaft. torn. ij. pag. ^12. 
 
 * Lib. I. Feud. lit. i. §. j. 
 
 laft
 
 ^i 6 ^^e Civil History of Book IT. 
 
 laft of all, the Grant was extended to all the Sons, and by the Feudal Cuftoms the 
 Succeflion went no further. 
 
 CONK AD tbeSdlick, before he came to Rome to take the Imperial Crown, in 
 the Year 1026, according totheCullom of his Predeceflbrs, in the Aflembly of the 
 Princes and People in Koncaglia, being requefted by his Vaflals, that he would be 
 pleafed to admit to the Succeflion of Fiefs, not only the Sons, but likewiie their 
 Sons ; which failing, that the Brothers of the Dcceas'd might alfo fucceed, confented, 
 and therefore a Law was publifh'd, That if the Valfal fhould have no Sons alive, 
 the Grandfon, by a Son, fhould fucceed in the Fief; and that if he had noGrand- 
 fons, but Brothers lawfully begotten of the lame Father, they fliould likewiie 
 polTels the Fief '. 
 
 THIS I,aw, which is fully recorded by Sigonius % though the Compilers of 
 the Feudal Books have not infcrted it all, is to be read in the Third Book of the 
 Lougnhani Laws, in which were colleded all the other Laws of the Lmperors of 
 the W^eft as Kings of Italy^ which were in Force, not only in Lomhardyy and in 
 all the other Parts of Jtaly^ but likewife in thefe our Provinces, except what was 
 fubjeft to the Greek Empire, for the Realbns formerly mention'd in the Courfe of 
 this Hiftory, and efpecially in the Time of Conrad, when the Authority of the Em- 
 perors of the Weft was at the Height of its Greatnefs in the Principalities of Capua, 
 Salerno, and Beiwvento ; when they depos'd the very Princes, and difpos'd of their 
 Principalities at their Pleafure ; the Longobard Laws were in greater Force and of 
 more Authority in our Kingdom, than the Feudal, as we (hall lee hereafter when 
 we come to treat of the Compilation of thefe and the Feudal Laws. 
 
 G E KAK D U S de Nigris, a Senator of Milan, in his firft Book of Fiefs ', 
 has given us the Subftance of this Law ; and the Compilers of the other 
 Feudal Books have neglected to infert it among the other Feudal Conftitutions of 
 thofe Emperors that fucceeded Conrad, bccaufe it had been already inferred in the 
 Books of the Longuhard Laws, the Uie of which was more frequent amongft our 
 Forefathers, than that of the Feudal Books ; though from one Place of Andrea, 
 d'/ferniw*, we gather, that it had likewife been tranfcrib'd in fome Codes of the 
 Feudal Laws, that were then in every Body's Hands, though in many Places 
 mangled and torn. 
 
 \V E have other CapHtila of this Prince in the fecond Book of Fiefs, under the 
 Title da Capitulis Conradi, likewiie enaded in Koncaglia, in which alfo Fitfs are 
 treated of Neither, by the bye, is the Error of Caroliis Molineus « pardonable, 
 when at the fame time that he blames our Interpreters, who, through their Igno- 
 rance in Hiftory, fell into many Blunders, he himlelf ftumbles upon what he had 
 found Fault with in them, by attributing thefe Capitula not to Conrad the Salick, 
 but to Conrad II. ; for this Conrad, of whom he is Ipeaking, was never in Iialy, fo 
 that he could not enadl them in Koncaglia. 
 
 WHENCE we are likewife convinced of the other Miftake of Molineus *, into 
 which we cannot but admire, that befides Craig and Hornius, our moft careful 
 Pell egr inns ^ fliould alfo have fallen, who, on very llender Grounds, hive reckon 'd 
 Lothaire I. Grandchild of Charles the Great, Author of that Conftitution, which 
 we read in the firft Book of Fiefs % by which the SuccefTion to Fiefs was extended 
 to the Father's Brother ; for if that Emperor had been Author of it, Conrad the 
 Salick could not have been the firft, who added the written Laws to the Feudal 
 Cuftoms ; but Lothaire I. who held the Empire of the Weft more than 200 Years 
 before Conrad. 
 
 BUT we are convinc'd, that this Law was Lothaire^ III. (whom others with 
 more Truth call II. ; as for the other Lothaire, who for a few Days ulurp'd the Em- 
 pire after Bercngarius, amidft {o many Revolutions, we are not to mind him) and 
 not Lothaire' s I. becaufe it was publifh'd in Rome in the Year ii33or 113 7, under 
 the Pontificate of Innocent, and not of Engen, as we read incorrtdiy in the vulgar 
 Code, in an AfTembly (jis was ulual) of the knowing Men and Barons of many 
 
 ' Lib. ^. LL. Longobard. tit. 8. de beneficiis 
 
 L4- 
 
 *Sigon. A. \oz6. 
 
 3 Lib. I. tic. I. §. 2. 
 
 "• Andr. in Comm. in 1. omnibus port. tit. dc 
 
 prohib. Feud, alien, per Lotliar. 
 5 Molin. de Feud. num. fi. 
 
 * Molin de Feud. num. ^5. 
 
 ' Pellegr. in dillert. pag. 62. 
 
 * Lib. I. Feud. tit. 19. 
 
 Cities
 
 Book IX. ?/&^ K I N G D o M 0/ N A P L E S. 417 
 
 Cities of /f^r/y i tind Coiir^d's Law concerning SuccefHon in Fiefs was confirm 'd by 
 hotl-Kiire ; and befides, the Succcflion was extended in favour of the Father's Brother 
 which Ccnrad had not done, as the incomparable Qijacitis learnedly obferv'd, tho' 
 unjuftly cenlur'd by Pellegrimis. This will be yet more evident when we confidcr 
 that if from the Time of Lotbaire I. Uncles on the Father's Side, were allow'd to 
 fuccced to Fiefs, it would have been ridiculous to have intreatcd Conrad with fb 
 much Earneftnefi, as the Vaflals then did, to extend the Succeflion to Brothers 
 when 200 Years before, it had been allow'd even to Uncles. We are convinc'd by 
 other Arguments, that this Law ought to be attributed to Lotbaire III. which may 
 be Icen in Sclnltcriis and Struvtus. But wc muft pardon this Aliilake in the moft 
 careful PeUe^riniis^ who would meddle for once in Matters that did not concern him 
 but not in Molineus, who was moll knowing in our Feudal Laws, 
 
 CHAP. II. 
 
 The Conqueji of Puglia hy the Normans. 
 
 H I L S T Conrad was employ 'd in fetting the Affairs of Italy in order, 
 there fell out inthefe our Provinces, fuch favourable Opportunities for 
 the Normans to aggrandize themlelves, as rais'd their Minds to more 
 daring Undertakings. Thefe noble and valiant Champions who fought 
 under the Banner of Guatmarus Prince of Salerno^ by various Con- 
 junctures, became fo powerful, that Guatmarus himlelf began to be 
 jealous of them, elpecially the Interefl: which the Sons of T'ancred acq.ir'd, gave 
 him Umbrage, though hedurft not (hew it j whereupon, in order to get rid of thefe 
 Sufpicions, he bethought himlelf of Means for removing them to fome diftant 
 Place on honourable Pretexts, being afraid to deal roughly with them in his own 
 Territories ; when behold an Opportunity offer'd, which was equally advantagious to 
 both. 
 
 THE Empire of the Eafl, which, as we have faid, after the Death of Ba/ilius 
 and Confiantiiie, was govern'd by the Emperor Romanus Argirus^ by frequent 
 Difordcrs and intefline Commotions, was miferably declining in its Grandeur and 
 Splendor, and a great Part of it had been fubdued by the Saracens, whole Fury 
 thele Emperors were notable to reilrain. The Greeks, who imputed their Declen- 
 fion to the Cowardice of their Sovereigns, frequently mutiny'd, murdcr'd their 
 Princes, and let up others in their Room, whom the\- thought capable to reftore 
 the Empire to its antient Grandeur ; but being often difappointed in their Expcfta- 
 tions, and yet moft imprudently perfifting in the fame Courfe of Tumult and 
 Slaughter, at laft, were the Caufe of the total Ruin of fo great and vaft an Empire. 
 For this end, having advanc'd Michael Papblagon to the Throne, they allow'd him 
 barbaroully to murder the Emperor Komanus. 'I his cunning Prince, in order to 
 get his Lledion approv'd of by the People, and to convince them that they had not 
 been miftakcn, as at other Times, in raifing him to the Throne, relblv'd to gijn 
 their Eftccm by a notable Conqueft, by driving the Saracens out of Sicily, and reunitint^ 
 it as formerly to the Greek Empire, from which it had been torn by thefe Barbarians • 
 for which Purpofe, in the Year 1037, he fent an Army into Italy, under the 
 Command of the Catapanus Georgius Maniaces, who, upon his Arri\al, did all that 
 
 S (^ was
 
 4 1 8 The Civil History oj Book IX. 
 
 ■was pofTible for putting the Defigns of his Sovereign in Execution '. 1 he Fame of 
 the Noriii.vt Valour had reach'd the fui theft Parts of the Eaft, ib that Mauiaces 
 thouohc it abfolutely neceflary to have Ibme of theie gallant Champions to aflift 
 him ^n the Expedition ; therefore in the Name of the Emperor, he btgg'd of Prince 
 Cuaiinartis^ that he would Itt him have Ibme of theie brave SoKlicrs, that had 
 lately acquir'd lb great Reputation in his Country, aflliring him that he would be 
 very thankful for liach a Favour. But there was no need of much increaty to pro- 
 cure Giiasniarus's Confent to what he defired. He was as willing to gi\e the Normans, 
 as Mc.ulaces was to have them, whereupon he acquainted them with the Emperor's 
 Defigns, and demonftrated, that their Compliance would be of great Advantage 
 to them ; he likewife promis'd them great 1 hings, befidcs what the Emperor was to 
 beftow on them. 
 
 THE Normans, confidering that this Opportunity might not only put them in 
 a way of acquiring Honour, but likcwile be a Means of getting a more lure Footing, 
 immediatclv accepted the Offer, and march'd from Salerno, in number 1 hree 
 hundred, having at their Head, irilltani, Drago and Umfred, the Sons of I'ancred, 
 who not lono' before had come thither from Normandy \ Maniaces received them 
 with much Pleafure, and having prefently fent for Ibme Troops out of Puglia and 
 Calabria^ Provinces lubjed to the Greeks, caus'd the Fleet to be made ready, and 
 lail'd immediately for Sicily, and arri\'ing at Mejfina, laid dofe Siege to it. Such was 
 the Valour of the Normans in this Expedition, that the Place loon I'urrendred, and 
 Maniaces declar'd that this Conqueft was owing to the Normans alone, which lb 
 heighten'd the Efteem he had for them, that he made them Prefents, with frefh 
 promifes, in order to encourage them to fight ftill more boldly ^ He advanc'd 
 further into the Country, and made himfelf Matter of confiderable Pofts, and 
 marching to Syracnfe, laid Siege to it. This Place was commanded for the Saracens, 
 by a certain Arcadius, who, vigoroufly attacking the Greek Army, put it in Diforder ; 
 but while he was boafting of this Adion, IVilliam gave him inch a furious Blow 
 with his Lance, that he laid him dead at his Feet. At which both the Greeks and 
 Saracens were equally aftonilh'd, and 'tis faid, that it was on this Occafion he got 
 the Surname of Rracciodiferro, or Iron-arm. 
 
 THE Saracens immediately rally 'd their Troops ; but /?^77//V?f« with his Men 
 being ported at the Head of the Greeks, difpers'd them in liich a Manner, that the 
 Greeks remain'd Mafters of the Field ; but the Greeks taking Advantage of the 
 Vidory, which was folely owing to the Normans, for they had no other Share in it, 
 but that of bare Spedators, took all the Spoil of the Enemies, and divided itamongft 
 themlclvcs, without leaving any Part of it to the Normans, who had acquir'd it by 
 their Valour. For the Greeks, according to their wonted Vanity and Haughtinels, 
 began to flight this gallant People, and to give the Command of Towns to Greeks 
 only, without minding the Normans, contrary to vih^t Maniaces had promis'd. But 
 they being highly provok'd at fo great Ingratitude, refolv'd to complain to Maniaces 
 of thcfe Wrongs the Greeks did them, that they might dilcover how he took it, 
 and whether he approv'd of what had pafs'd. There had accompanied the Normans 
 in this Expedition, a gallant Lombard, of the Family of the Archbilhop of Milan^ 
 according to OJiienJis '*, nnm'd Ardmnus ; but Ctiropalata and Cedrenus will have it, 
 that this Ardiiinus had been a Captain of the NortnanTroo^s, who being well skill'd 
 in the Greek Language, lerv'd them as Interpreter ; him they fent to Mantaces, to 
 reprefent their Grievances, which he did in a very handlbme Manner ; but Maniaces 
 taking thefe Complaints amils, look'd upon them as an Incroachmcnt upon his Au- 
 thority, and upbraided the Mefli;nger. Befides, Arduinus having taken a fine Horle 
 from a Saracen, whom he had knock'd down, was commanded to reftore him, as 
 belonging to Maniaces, but refufing to comply, had not only the Horfe taken from 
 him, but was himfelf ignominioufly whipt round the Camp '. Gtilielnius Pii^ltcn/is " 
 and Cedrenus ' report, that this Affront was put upon Arduinus not by Maniaces, 
 but Doceanus, who fucceeded him in the Command. However that may be, the 
 Normans taking the ignominious Ulage as no lefs done to them, than to Arduinus 
 
 ' Curopalata hift. fol. 109. Cedrenus hift. 
 fol. 109. Lupus Protofpata ill Chron. Longob. 
 p. I. Chron. liarcnf. apud Pellegr. A. lojS. 
 
 ' Oftienf. lib. 2. cap. 67. 
 
 ' Malater. lib. 1. hift. cap. 6. 
 
 '*Oft!cnr. lib. 4. c. 65. Pellegr. in Caftig. ad 
 Lup. Prorop. 
 
 ' Oftienf. lib. 2. cap. 67. Malftter.lib. i.e.?. 
 * Guil. Appul lib. I. 
 ' Cedren. pag 623. 
 
 who
 
 Book IX. z/?^ k I N G D o M 0/ N A P L E S. 4 1 p 
 
 who receiv'd it, highly inccnled, relblv'd to take Arms immediately i;ppn the 
 very Spot againit the Greeks, in order to walh away with their Blood, tlie Injuries 
 they had h.ithtrto receiv'd ; but Arduinus, who was meditating how to revenge him- 
 ielf to better Purpole, hinder'd them, and (hewing himldt' more cunning th^n the 
 Kori/iJiis, perfuaded them to take no notice of what had paib'd, any more than he 
 himlelf would elo, until he had accompliih'd a certain Delign, which would pave the 
 way to greater Conquefts. 
 
 HE bethought himfelf, confidcring the Condition of the Greek Forces in 
 Piig^lia and Calabria, that there was good Ground to hope, if they were invaded by 
 the Normans, they would lubjeft thcmfelves to their Dominion ; and indeed they 
 could cxpedl no better Opportunity than this ; for thtle Provinces, Ly realon of 
 the Expedition oi Sicily, which thcGreeks had upon their Hands, were quite drain'd 
 of Troops, ManiiTces having tranlported them, as we have laid, to Sialy for this 
 Expedition ; neither was there any Thing to be fcar'd from the Inhabitants, who 
 on account of the harfh Government, and the Vanity and Elaughtineis of the 
 Cutapam, had frequently rebell'd, and were only kept under by Force: So far were 
 they from being willing to oppofe thole who endeavour'd to withdraw them from 
 the Greek Empire, which they abhorr'd and detefted to that Begiee, that in order 
 to fhake it off, they had attempted to fubjed: thenjlelves to liielo their Countryijnan, 
 and a Citizen of Rari. Befidcs they were much weaken'd by the Wars which our 
 Loiigohiird Princes had often made againft tliem j but eijjecially by the frequent 
 Incurlions of the Saracens, who being fortified in Monte Gargano, kept Piiglia in 
 continual Fear and Confufion. 
 
 O N the other hand the Normans were ftill increafing in Number, ;fbme coming 
 daily, either from Normandy, or the Holy Land, whither they went on Pilgrimage. 
 The Settlement oi Kainulplms in the County of yf^'e>■/i^, contributed rnuch to the 
 Support of the Normans ; for, befides that Sergius Duke of Naples was his Ally and 
 Kiniman, he kept his w-arlike Normans in fo good Difcipline, that tl^ey wqre always 
 ready for any Undertaking, how great ibever. 
 
 BUT befides all thele Things, "tis incredible how much the Confufion and 
 Dilorders that happen'd in Conjiantinople, which turn'd that Empire and all its 
 Provinces toply-turvy, conduc'd to this Undertaking. Thele were the moft favour- 
 able Conjunctures which at laft brought their Defigns to bear in fuch a manner, as we 
 {hall by-and-by relate. 
 
 AKDUINUS, in order to cloke his Defigns, feem'd no ways concern 'd at the 
 Affront, and the Normans likewife diffembled it, and, as if no fuch Thing had happen'd 
 he behav'd himfelf civilly to all the Greeks of his Acquaintance. In (hort, he knew 
 fb well how to diflemble, that, as Malaterra relates ', having brib'd Maniaces's Secre- 
 tary, he prevaifd lb far upon him, that he obtain'd a Pafsport for himlelf, with lome of 
 his Men to go to Calabria. Leo Oftienfis ^ relates, that in order to obtain this, he 
 pretended he was going to Rome out of Devotion to vifit the Holy Places j however 
 that may be, the Normans having one Night imbark'd with him, crols'd the Pbare 
 by means of the PalTport without any Obftacle. 1 hey no Iboner landed in Calabria 
 than they began to deftroy all the. Country, and.march'd towards Puglia, refblving 
 to make themlelves Mailers of it, not without well-grounded Hopes of Succeeding. 
 For this end Arduimis went to Averfa to fbllicit Affiftance from Rainiilpbiis ; to 
 whom he laid open his Defigns, that Puglia, a large and opulent, but: defenclels 
 Province, becaule the Greeks were become effeminate, would be an eafy Conqucft j 
 and that it would be a Reproach, if now, when the Number of the Normans, fb 
 famous Warriors, and renown'd for fb many Vi(5lories, was increas'd, they fliould 
 be any longer coop'd up, betwixt Penury and Mifcry, within the narrow 
 Bounds of a fmall County K Kainnlphus was pleas'd with the Advice, 
 approv'd of all that Arduimis had fet forth, and without longer Delay aflembled 
 fome Troops, committing them to the Charge of twelve gallant Captains ; and that 
 there might arife no Difputes, it was unanimoufly agreed, that the Conquefts 
 fhould be equally divided amongft them ; and a half given to Arduinusy 
 as the chief Author of the Undertaking, every one folemnly Iwearing exadly to 
 oblerve what had been agreed to amongft them. Arduimis return'd with Three 
 
 ■ Malater. lib. i. • ^ Oflicnf. loc. cic. 
 
 * Oftienf. lib. 2. cap. 67. 1 
 
 hundred
 
 4io The Civil History of Book IX. 
 
 hundred Soldiers, and being join'd with fome other Normaus in PiigVia, imme- 
 diately bcficg'd Melphis, one of the moft confiderable Cities at that Time in Puglia. 
 The Inh:ibitants being furpriz'd, prefently furrender'd the Place. They quickly- 
 after made them{elves Mafters of Venofa, Afcoli and Lavello. They fo fortified 
 Mclphi;^ ftrong by its natural Situation, that it became impregnable, the Scat of 
 their Dominion, and Head of all the other neighbouring Cities which they con- 
 quer'd. Thus thz Kcrnmns this Year 1 041, having made themfelves Mafters of a 
 confiderable Part of Pnglia, foon after began to extend the Bounds of their 
 Dominion over all the Province. 
 
 THE Greeks being furpriz'd at this Lofs, and impatient to recover it, were 
 prevented by the Diforders which luckily fell out in the Eaft, as if they had been 
 ot purpole to favour the Normans^ and which put all the Court of Conftmtimpk in 
 Confufion. Ihe Emperor Michael^ furnam'd Paphlagon, whom the Emprels Zoe 
 lov'd fo much, that for a Reward of the Familiarity they had had together, fhe 
 rais'd him to the Imperial Throne, fell into a kind of an Epilepfy, and being wearied 
 of Government, turn'd Monk. He left the Empire to his Nephew, likewife call'd 
 Michf.el, furnam'd Calaphates, under the Tuition of his Uncle John ; but this new 
 Emperor, on account of his Cruelty, and for having turn'd out his Uncle Jobu^ to 
 whom he ow'd ib much, and much more for having treated the Emprels Zoe fb 
 ungratefully, who had adopted him her Son, and rais'd him to the Imperial 
 Dignity, had made himfelf lb odious and abhorr'd of his Subjeds, that bv openly 
 rebelling they reftor'd Zoe to the Throne. She was no Iboner reftor'd, than Ihe 
 turn'd out Calapbates^ caus'd his Eyes to be put out, and married Coujiantinus Mono- 
 rnachtis, who alfo became her Collegue in the Empire '. By reafon of thefe prece- 
 ding and fublequent Troubles, the Affairs of P/.'^//^, Calahria and Sicily^ v/ent very 
 crols for the Greeks. Maniaces began to think of taking Advantage of them, and 
 was lufpefted of having a Defign to take Poffeffion of Sicily for himfelf, of which 
 being accus'd at Court, he was quickly recall'd, and condemn'd to clofe Prilbn. 
 Theie different Cataftrophes hinder'd the Court ofConjiantimple from being able to 
 put a Stop to the Defigns of the Normans, who in the mean time had fuccelsfully 
 executed in Piiglia, what Maniaces had unfortunately attempted to do in Sicily. 
 
 BUT at laft the Greeks loft all Patience, and the Emperor having affembled a 
 powerful Army, lent it to Piiglia under the Command of a new General nam'd 
 Dticlio^ in order to recover the Cities that had been taken from them, with Orders 
 to give no Quarter to the Normans, but to extirpate them altogether. They had a 
 fierce Engagement at the River Olie%'evto, but fuch was the Courage and Bravery 
 of the Normaus, that tho' the Greeks were much fuperior both in Number and 
 Force, yet they broke them, and made a prodigious Slaughter among them, and 
 Duclio efcap'd with Difficulty, to lend to Conftantinople to acquaint the Emperor 
 with the unfortunate Event \ This Prince being terribly griev'd, caus'd other 
 Troops to be affembled, and immediately lent them to Duclio : They fought a 
 fecond Time at Canue, where the Greeks were likewile defeated. They engag'd 
 anew at the River Ofanto, but the brave Normans gave them {o terrible an Over- 
 throw this third Time ', that they quite difpers'd them, and made themfelves Mafters 
 of many other Caftles in that Neighbourhood j and thus, inrich'd with the Spoils of 
 the Greeks, they came to have a powerful Footing in that Province. 
 
 THESE gallant and skilful Warriors, left their Power fhould create Jealoufy 
 in the neighbouring Longobard Princes, in order to gain the AfFedions of the People 
 of the Country, refolv'd to chufe a Commander in Chief, of their Nation, 
 whom they were to obey as their Fellow-Soldier. Prince Pandulpbus III. who 
 govern'd at this T-ime in Benevento, had a Brother nam'd Adinolphus, whom they 
 unanimoufly eleded for their Leader *. 
 
 1 N the mean time the Court oiConflautinople, which had been extremely fiirpriz'd 
 at thefe unlucky Difafters, blaming Duclio for all, prefently recall'd him, and caus'd 
 a ftronger Army to be affembled, and lent to Calabria under the Command of 
 another General. Tliis was Exangujiiis, by Malaterra furnam'd Anuon, Son of that 
 
 ' Gulielm. Appul. Cedrcnus, pag. 615. 
 & fcqq 
 
 * Ofticnf. lib. 2. cap. 67. Gaufr. Malat. lib. 
 I . cap. 9- Gulielm. App. lib. i . 
 
 ' Gul. App. Ter Gallis illo ViSorla contJgit 
 anno. 
 
 * Oftienf. lib. z. cap. 67. 
 
 Bugianus,
 
 Book IX. f^^ K I N G D o M 0/ N A P L E S, 4x1 
 
 Bu^ianus, who in the Empire oi BafJtus, had behaved himfelf fb excellently well 
 againft the famous Melo ' ; but he, who had no better luck than his Predecefibr, 
 having ingag'd with the Norinaus under Moute Pilofo, or as Ccdrenus reports ' at 
 Monopolism was fo terribly routed (in which Adion Bracciodtfenv fignaliz'd himlelf 
 above all the reft) that the greateft Part of his Army being cut to pieces and 
 difpers'd, he himfelf was taken and made Prifoner. The Nornuvis being o\erjoy'd, 
 and triumphing on lb glorious an Adion, held a Council amongft themfelvcs how to 
 difpole of FXiUis^tiJins, and refolv'd to make a Preient of him to Duke Adniulpbus ; 
 but this Prince left the Ncrmaus^ and carried him to Beuevento, in order to difpofe 
 of his Prilbner for his own Advantage, and, contrary to the Expectation of the Nor- 
 niaus, fold him to the Greeks for a great Sum of Money. 
 
 THIS lb highly incens'd the Kormaus, who had not obferv'd great Tokens of 
 his Courage in the many Engagements he had been with them, that they refolv'd 
 to chuic another Leader, and unanimoufly eleded Argirus the Son of the famous 
 Melo, who not long before having been Prilbner in Confiantivcfle, had cunningly 
 made his Efcape on the Death ot Michael Paphlu^on, and being arriv'd in Puglia, 
 was kindly receiv'd by the Normans^ who, for the Motives above related, not 
 taking upon them as yet to elcd: one of their own Nation, thought it better to 
 beftow that Honour on Argirus, by raifuig him up upon a Shield, according to 
 the Cuftom at that Time us'd in France. 
 
 THE Court of Conftantimple being to feek what Captain they fhould now {end, 
 refolv'd anew to make ufe of Maniaces, whereupon, they let him at Liberty, and 
 lent him immediately to Calabria againft the Norinaus ^ Maniaces would figna- 
 lize his coming above all the reft with unheard-of Cruelty, and ftruck fo much 
 Terror into the Country, that the Normans having ingag'd him near Monopolis and 
 Matera, and finding they were unequally match'd, thought it heft to retire 
 to fome fortified Places, there to wait Ibme lucky Turn, and till he had Ipent his 
 Fury. 
 
 THEY were not difappointed, for Ibon after the Emperor Calapbates, as we 
 have laid, having been depos'd, and Confiantinus Monomacbus rais'd to the Throne 
 by the Emprefs Zoe, whom flie married : Maniaces hearing that the Advancement 
 of Couftantine gave Offence, refolv'd to make Advantage of the (b many Diforders 
 of the Court, and openly rebell'd againft Zoe and Monomacbus, with a Defign to 
 get himfelf proclaim'd Emperor by his Adherents ; and having laid afide all 
 Thoughts of Affiftance from Conftantine, he intangled himfelf in many difficult 
 Undertakings, which created him Trouble, and gave him Diverfion in many 
 places. For having thrown off all Refpedt and Obedience to his Prince, he bar- 
 baroufly laid wafte all the Country about Monopolis and Mater a, at the lame Time 
 that Argirus on the other hand had taken Gtoveunazzo, and beficg'd Strain ^ where- 
 upon the Emperor Ccnjlanttne fent Pardus into Puglta as new Catapanus, with a 
 great Sum of Gold and Silver, in order to fupprefs the Rebellion of Maniaces ; who 
 being advis'd of it, furrounded him with his Soldiers, cruelly murder 'd him, and 
 ftripp'd him of all his Treafure, which he (har'd betwixt himlelf and his Army, by 
 •which means he got himfelf to be proclaim'd Emperor, and put on all the Marks of 
 Empire ■* ; afterwards having in vain attack'd Bari, he retir'd to I'aranto, where he 
 had fix'd his Refidence. There Argirus and the Normans befieg'd him ; leeing him- 
 felf not fecure there, he went to Otrantn, from thence, eroding the Adriattck, he 
 arriv'd in Bulgaria ; where engaging with Stepbanus Sebafiophorus, he was defeated 
 and taken, and had his Head ftruck off and fent to the Emperor in Conflantinople K 
 
 THE Normans amidft fo many Revolutions, negleded not to make their Ad- 
 vantage, fo that with little Trouble they regain'd what they had abandon'd upon 
 the coming of Maniaces. And by the new Conquefts which they Daily made, 
 having eftablilh'd their Fortunes on a better Footing, for the greater Security, they 
 refolv'd to have no Captain but one of their own Nation ; and tho' they had a great 
 Efteem for Argirus, yet they had obferv'd, that under his Command they had not 
 been able to maintain themfelvcs againft the Power of Maniaces, and that the greateft 
 and moft glorious Adions had been owing to IVtlliam Bracciodiferro ; they therefore 
 thought it better to put themfelvcs under his Command ; whereupon they affcmbled 
 
 ' Apul. lib. I. Cedren. pag. 613. 
 * Cedren. pag. 624. 
 ' Gul App. lib, I. 
 
 Cedten. pag. 624. 5( Zf- Zonaras. 
 
 5 R- 
 
 this
 
 A22 The Civil History 0/ 600k IX. 
 
 this Year 1043, in the City o£ Mitera, where Maniaces a few Months before had 
 exercis'd the greateft Cruelties, and eledted him their Commander in Chief, and 
 honour'd him with the Title of Count: He was therefore the firft that was call'd 
 Count of Puglia. 
 
 SECT. I. 
 
 q/"\\llllam Bracciodifcrro, thefrft Co/int of Pa^ViA, created ifi the Year 1043. 
 
 r'p'HIS was the firft Title, and the Source of all the other Titles, which the 
 X Royal Houfe of the Normans had in Puglia, and afterwards in Sicily ; which 
 it got, neitlicr by the Authority of Pope Benedi£i XI. nor from the Greek Emperor 
 Conftautine XI. who at this Time reign'd in the Eaft, but, as Lupus Protcjpata, 
 and Leo Oftieiifis relate, by the Eledtion of the Captains, Soldiers and People, 
 that is to fay, the Italian, Longphard and Norman Lords, Heads and Prime Men of 
 the Army, who being aflembled in Council, ordain'd that the Title of Count fhould 
 be conferr'd on IfilUam Bracc'todiferro ; which Decree being approv'd of by the 
 inferior Captains, and all the Italian and Norman Army, he was by the Soldiery 
 proclaimed Count, which was a better and more legal Right, than if he had got 
 it either from the Emperors of the Eaft or Weft, or the Pope. 'Tis probable, as 
 Jnvezes ' conjedures, that the Normans at this Eledlion made ufe of particular Cere- 
 monies in creating him Count ; that befides the Sound of Kettle-Drums and Trum- 
 pets, which was the Cuftom at the Promotion of Counts (as may be feen in Hugo 
 Falcaiidus, when Kiccardo di Mandra was made Count of MolifeJ they made ufe of 
 the o\d Italian Ceremony of putting the Standard m his Hands, as if he had been 
 appointed chief Standard-Bearer of the Italian and Norman Confederacy, againft 
 the Emperor of the Greeks ; and from that Time, in place of a Crown, the 
 Counts wore above their Arms a plain Circle, without Jewels, in order to diftin- 
 giiifti them from Marquifles and Dukes, and without Rays, to diftinguifti them from 
 Princes. 
 
 THE Normans then having thus eleded H'llliam Count of Puglia, in order 
 peaceably to enjoy their Conquefts, and to prevent Contention amongft themfelves, 
 refolv'd amicably to divide the conquer 'd Places, as alio thofc they had a mind to 
 conquer. In the Beginning of their Dominion, they introduc'd a Polity and Form 
 of Government, not unlike that which the Lougoldrds had obferv'd for the Space of 
 ten Years, when upon the Death of Clepbis, being unwilling to chufe a new King, 
 they divided the Kingdom, and thofc to whom Counties were given in Charge, 
 crovern'd them with the fame Laws and Inftitutions ; but upon grave and weighty 
 Emer<^encies they all conven'd in Pavia, where they dilcufs'd the moft important 
 Affairs of the Commonwealth. 
 
 THE Normans, tho' they fought under a Captain, whom they chofe in order to 
 avoid Confufion and Difbrders, which ufually fall out when Undertakings are not 
 manag'd by one Perfon ; neverthelefi every one did his beft, rather as a Fellow- 
 SoldieV than Officer, and many had equal Share in the Conquefts, and gave the 
 lame Aififtance. Kainulphtis Count of Averfa had fent thither a good Body of 
 Men under twelve Captains; H'llliam Bracciodtferro had very much fignaliz'd him- 
 felfin this Expedition; Drago and Umfred his Brothers had alio diftinguifh'd them- 
 felves above all the reft ; Ardtmus the firft Promoter of the Undertaking, and many 
 other gallant Champions, did not fail to expofe their Perfons to all Danger, on alt 
 Occafions. Therefore from the Beginning, when they undertook fo noble a Defign, 
 it was unanimoufly agreed, that what fliould be conquer'd was not to be gi\en to one, 
 but equally divided amongft them. And tho' li'tlliahi had been elcded Count, yet 
 that was only a Title of Honour, not that Puglia ftiould be yielded to the Dominion 
 of one fingle Perfon, as it was afterwards. 
 
 A T firft they introduc'd a Form of Government rather Arijlrocratical, than 
 Monarchical, for by the Advice of Guaiimriis Prince of Salerno^ their ancient Ally, 
 
 ' Oftienf. Kb. 2. c. 67. 
 
 they
 
 Book IX. ?/j^ K I N G D o M 0/ N A P L E S. 42 5 
 
 they cali'd a Dyet in Melpbis^ where they were all to be prefcnt, to which the/ 
 likewife invited Guahns'.Tus and Kahiulphus. They divided the Cities thus ; to 
 RMtnulphiis Count o^ Aver fa, was given the City of S/poiito, and Monte GM[e^aiw, 
 with all the Villages and Places belonging to them ; to U'tlliaiii B>\icriodiferro\ was 
 given the City of AJcoli, and with common Confent the Title of Count wasannex'd 
 to iti to Dr ago, Venofa-y to ArnoliHin, Lavello ; to Hht^o, MoiiopoUs ; to Peter 
 Tiraui ; to /{'alter, Civita ; to Kodulpbus, Canne ; to Trtftimiis, Montepilofo ; to 
 Er'veus, 'Trigento ; to Afclittlnv.s, Acerenza ^ to Rodiilpbiis, St. Angela ; to Raim- 
 fridusy Mmer-vino ; and to Ardiiinas, according to their Oath, his Share was likewiie 
 afllgn'd. Thus what they had hitherto conquer'd in Pnglia was divided. The City 
 of I^ielph is on\y, which was the firft and ftrongeft Place they had as yet conquer'd, 
 was common to all. They relerv'd this City as a Place of meeting for conlultin^ 
 about the mofl: important Affairs of their Nation ; whereupon Melpbis began to raife its 
 Head above all the other Cities ofPitglia, lo tliat the Popes thouglit it a fit Place to 
 hold a Council in ; and Amalpbis being likewife famous for its Navigation, occa- 
 fion'd, that the Uultraviontane Writers, not being well acquainted with our Cities, 
 often confounding the one City with the other, have taken the one for the other, 
 being deceived by the Refemblanceof the Names. 
 
 THUS did the Normans make themfelves Mafters of the greatcft Part of our 
 Piiglia ; neither were their Conquefts confin'd to this Province, but were carried on 
 in the other Provinces, as we fhall (horrly rejate. They took Pnglta from the 
 Greeks., who were in PofTelTion of it, tho' the Emperor of the Welt pretended a 
 Right to it as King of Italy, to whom, as a Part of the Kingdom of the Longcbards, it 
 was fubjed, and govern'd by Caftaldi fcnt by the Dukes of Bcnevento ; and there- 
 fore, when it again fell under the Dominion of the Greeks, the Otbos often attempted 
 to fubjedl it to the Empire of the Weft, tho' in vain. 
 
 MEAN while Argiriis, feeing no Share had been allow'd him in the Diftribution 
 of the Cities, feparated from the Normans, and did not mind his being negledled by 
 them, becaufe he had refolv'd to make himfelf Prince of Bari, as liis Father ATela 
 had been ; he had deferv'd well of the Emperor Conflantnms Monomacbus, by having 
 fupprels'd the Rebellion of Maniaces, and oblig'd him to fly to Bulgaria, where he 
 was put to Death; for which he not only obtain'd the Favour of this Prince but 
 he likewife gave him Bari, with the Title of Prince, and Duke of PngUa, and he was 
 alfo made a Patrician, that, as his Vaffal, he might fupport his Intereft in thefe 
 Provinces. Thus y^rg/V/zj being fix'd in this other Part of P//5//V7, under the Pro- 
 teclion of the Emperor of the Eaft, gave Rife to the Principality of Ban, which at 
 laft came likewife under the Dominion of the Normans, as we fhall relate. 
 
 IN the mean time the Normans as they acquir'd greater Power, fb thev became 
 more bold, and in a manner infblent in attacking their Neighbours. Thole who 
 ferv'd under Raimilpbiis Count of Averfa, frequently molefted the Monaftery of 
 Monte Caffino, and at laft came to open Invafion ; but the Abbot oppofing them it 
 would ha\e broke out into a bloody War, if Gnaimariis their A]l\-, and at the 
 fame time a Friend of the Abbot, had not interpos'd, and made Peace betwixt 
 them. 
 
 BUT this Year 1046, the Normans vicre. grievoufly afflided for the Death of two 
 of their famous Captains. Thofe of Ptiglia loft therenown'd IViUiam, the Diredor of 
 all their Attairs, who was indu'd with wonderful llelblution and Courage againft his 
 Enemies, and Meeknefs and Affability towards his own Men. He, as Giilieliuus 
 Appulien/is, his Cotemporary, relates ', was a Lion in Battle, and a Lamb in Convcr- 
 fation and Council. He reign'd only three Years in Puglia, and had been in Italy 
 from the Year 1035 to his Death, twelve Years ; he was buried in ^t-rvc/j in the 
 Church of the Trinity, a City, that in the abovemention'd Divifion had been 
 alTign'd to Drago liis Brother. Thole of Averfa (hortly after loft Count Kjinulpbtis, 
 who, having left no Sons, was fucceedcd by Afcltttinus, according to Ofi:enfis % 
 furnam'd Count Jobn, or as Ordencus Vttalis has it \ de ^tadrellts. Afchttinus 
 govern'd the County of Averfa but a ftiort Time, for dying in the Year 1047, tho' 
 he left Sons, the County was loon invaded by Kodnlphiis, by OJiicnfis furnam'd 
 Capellus, and by GuUelmus Appulienfis Dnncanottus ; but he was quickly turn'd out 
 
 ' Gul. Ap. lib. 2. cap. 12. I ' (Jrtlcric. Vital, lib. 3. 
 
 * Ofticnl". lib. 2. cap.<i7. I " 
 
 by
 
 424 ^^^^ Civil History of Book IX. 
 
 by the Averfans, who chofe another Rodtilphus for Count, nam'd 'Trhiclinottes, 
 who dying fbon after, the Averfaus put Richard the Son oi Afclittinus in his Place, 
 who at that Time ferving in the Wars in Pttglia under Drago, whole Sifter he had 
 married, was recall'd by them, and got the Government of the County of A'verfa. 
 This was he, who in the Year 1058, having driven Prince Pandttlphv.s V. out of 
 Capua, made himfelf Mafter of that Principality, which he tranfmitted to his 
 Pofteritv, as we fhall relate : So that the firfl: Norman Princes of Capita, were all 
 defcended from this Afiiittiuia ; there's no occafion for confounding them with the 
 other Normans of Piiglia and Calabria, who were of the Race of Mattered Count of 
 Hai'.teville '. 
 
 THESE likewife, on the Death of irdliam, refolv'd immediately to appoint 
 another in his Place ; whereupon they chofe Drago his Brother to be Count of 
 Pallia ', a worthy and gallant Captain. Pirri, believing that IVilliam had left 
 Sons, wrote, that the Normans having excluded thele Sons, chofe Drago his Brother 
 in his Place, becaufe it was their Cuftom to prefer the Elder Brothers to the Sons of 
 the Deceas'd ; but as Ini-eges well obftrves ', that Reafon is trifling, becaule araongft 
 the Normans themfelves, the Dukedom o( Nor?»andy went from Father to Son, as 
 the Norman Chronicle and Gordon obferve, and when Sons were wanting the 
 Brothers fucceeded -, as Robert II. the fixth Duke, fucceedcd his Brother R/c^^rrf III. 
 who died without IflTue, as Gordon obferves, in the Year 1028. Hence 'tis more 
 likely, that the Brother, and not the Son of IVilliam I. fucceeded to the Title of 
 Count, becaufe IVilliam either had no Wife in Italy and France, or if he had, Ihe 
 was barren, according to Inveges ; or that at firft, the Counts of Puglia were not 
 made by Succeflion, but Eledion. 
 
 ■ Pellegr. in Stem. . fufcepit. 
 
 * Malaccr. lib 2. cap. 12. Exequlis celebratis, ! ^ Inveg. par. 9. A- 1046. 
 fecundus fiater Drago totius Apulix doniinatum ) 
 
 SECT. II. 
 
 DRAGO 11. CoHiJt of Puglla. 
 
 WHILST Urago govern'd Puglia, his younger Brothers who had continu'd 
 in Normandy, were paflionately bent on coming to fee him ; their Father 
 ^ancred was at great Pains to keep two of them at leaft: with himfelf^ to keep 
 up his Family in Nor7nandy. Robert and fome of his Brothers came hither, bringing 
 with them many other Gentlemen of their Nation, who came not arm'd, or with a 
 Body of Horfe and Foot, but difguis'd in the Habits of Pilgrims, with Staves in 
 their Hands, and Budgets on their Shoulders, as if they had been going tovifitthe 
 Sanctuaries of Monte CaJJlno and Gargano, in order to fhun being made Prifoners by 
 the Romans, who feeing this foreign Nation to be fo flourifhing in Piiglia, were 
 already jealous of it, as an Enemy both of the Italians and Greeks. Thus the Nor- 
 mans fix'd themfelves, and increas'd daily more and more in Ptiglia ; which was 
 owing to the good Conduct of Drago, who in order to their better footing, caus'd 
 Vmfred his third Brother, and the Eldefl of thole that had come along with him, 
 to be created Count ; and to Robert, who was afterwards nam'd Guifcard, the eldeft 
 Son of ^ancred by his fecond Wife, knowing him to be a Man of greater Parts, 
 and more daring than the reft, he committed the grcateft and boldeft Under- 
 takings ; for having taken the Caftle of St. Mark fituated on the Frontiers of Cala- 
 bria, he gave the Charge of it to him, with Orders, as Occafion fhould offer, by 
 incroaching upon Calabria, to inlarge tlieir Borders 
 
 BUT whilft Di'ia'gio was thus employ'd in raifing his own Nation, there fell out 
 other lucky Events at the fame Time, which gave him more fure Footing in Puglia 
 that he had newly conquer'd. The Emperor Henry II. as we have laid, had 
 fucceeded his Father Conrad in the Empire, and being diverted by the Hungarian 
 War, could not mind the Affairs of Italy ; but having difmgag'd himfelf the beft 
 way he could from that Expedition, he was for diverfe Reafons necefTirily forc'd to 
 come into Italy. The News of fo many Revolutions which happcn'd in thc(e our 
 
 Provinces
 
 Book IX. ^/j^- K I N G D o M 0/ N A P L E S. 425 
 
 Provinces drew him hither, over which, as King o( Italy ^ he was not willinp' to lolc 
 that Sovereignty and Title his Prcdeceffors had pofTefs'd ; and tho' he did not much 
 mind the Growth of the Normans in Piiglia and Calabria, thinking it would be for 
 his Advantage if theie two Provinces were wholly taken from the Creeks ; neverthe- 
 lels he was willing that the Norinans (hould hold them of him ^ and as the Loua-o- 
 hard Princes had acknowledg'd l;im for their Sovereign, fb he would have the iW- 
 inau: do the fame. But the Difbrdtrs and Confufions, and the abominable linor- 
 mitics which arofe in Kome on account of the Eledlions of the Popes, were the chief 
 Caufes of his coming to Italy ; for the Imperial Authority being funic in Konie and 
 the People having reaffum'd the Power of electing the Pope, this Church fell 
 again into Confufion and Dilbrder. This City had never been ib grievoufiy 
 afflidted by the Avarice and abominable Behaviour of the Ecclefiaftical Order as at 
 this Time. The grcateft Prelates did not flick to purchale with Money the orcateft 
 Offices, not excepting the High Priefthood, and that in Face of the Sun, and as 
 publickly to expofe the moft facred Functions to Sale. They did not ftand in awe 
 with open Force and Arms to invade the Cathedral of St. Peter ; and when Fadtion 
 and Arms fail'd, they had recourfe to Ambition, Simony, Poifon, Treachery, and 
 Murder ; for Beuediif made no fcruple to fell one Share of the Pontificate to Syl- 
 i-eficr III. and another to Gregory VI. all three fitting in Rome at the fame Time 
 which occafion'd horrible Confufion, efpecially when Gregory^ both with Horfe and 
 Foot Soldiers poflefs'd himfelf of St. Peters Church, and much ftrengthen'd \vs 
 Party by a great Slaughter of his Oppofers. Learning and the Doctrine of the 
 Fathers were laid afide, and no Veftigc of the Gofpel remain'd. I'he Deacons 
 Priefls, and even Bilhops, were not afham'd to keep Concubines publickly in their 
 Houfes, even in Koine ; neither did they blufli to make their ipurious Children 
 their Heirs by their laft Wills. In ihort Kcvie was become another Babylon there 
 being no W'ickednefs which they did not commit ; infomuch, that few had Virtue 
 enough to refift the Contagion ; and thofe who ha\'e written of the Calamities of 
 thefe Times, confefs they want \\ ords fufficient to exprefs fuch heinous Enormities 
 and Wickednefs ; and the famous Abbot Dejidcriiis, who liv'd in thele Times 
 being afterwards rais'd to the Pontificate by the Name of Viilor III. giving a fhort 
 Relation of thefe Debaucheries, declares that he had not the Courage to name them 
 becaufe of the Horror fuch Loofenefs of Manners rais'd in him '. 
 
 THEREFORE Henry cAvat to Rome this Year 1047, and tho' he did what 
 he could to redrefs fb great Wickednefs, by expelling Benedi6l, turning out Sylvejier 
 and banifhing Gregory to Germany ; yet the Manners of the Ecclefiafticks were fo 
 deteflable, and their Ignorance fb great, that when a new Pope was to be chofen 
 Ofttenfis laments fadly ', that there was not one to be found in Italy wcrthy of that 
 Office ; fo that to make the befl of a bad Market, they were forc'd to elect a Saxon 
 Bifhop oi Bamberg, who took the Name oi Clement II. 
 
 THE Romans being highly pleas'd w'lxh Henry fbr his good Condudt, elected 
 him for their Patrician, and befides the Imperial, they adorn'd him with the golden 
 Patrician Crown. Henry now difingag'd from the Affairs of Rowe, fet out for thefe 
 Provinces, together with Pope Clement, to fettle the Affairs thereof, vifited Monte 
 Caffino, and flopp'd in Capua \ Prince Giiaimanis had held the Principality of Capua 
 nine Years, and had been invefled in it by Conrad, who had taken it from Pandttl- 
 phus ; but this Prince, on account of his many Acquifitions, gave great Jealoufy to the 
 reft ; for after having added the Principality of Capua to that of Salerno, he had 
 likewife fiibjcded the Dukedom of Sorrento, and the more confiderable one of Amal- 
 phis ; he had for VafTal the Duke of Gaeta; and moreover, with the Afliftance of 
 the fame Normans whom Argirus, while he was befieging Bari, had fent him, he 
 afpir'd to the Conqueft of Puglia and Calabria; neither did he ftick,.as we have 
 faid, out of Vain-glory, to afiiime likewife amongft his Titles, that of Duke of 
 Puglia and Calabria. 
 
 O N the other hand Pandulphus, who had been expell'd by Conrad, and after the 
 Death of Calefatus, had been freed from his Exile by his Succeffor, was return'd to 
 Italy, and with the Help of the Counts of Aquino and Sejh, began to think of 
 getting himfelf reftor'd to his Principality ; whereupon after the Death of Conrad, 
 
 ' Defidcr. lib. %. in prin. Ab. de Note in Ex- , * Qftienf. lib. 2. cap. 79. 
 curf.hift. ad Ofticnf. lib. i. cap. 79, ' ' Ibid. cap. 80. 
 
 5 S who
 
 4i6 Tloe Civil History of Book IX. 
 
 who never could bear him bccaufe of his Crueln,-, when Henry fucceeJed, he enter- 
 tain'd better Hopes. For Hcury^ pnrtly fpurr'd on by the Jealouiy which the over- 
 grown Power oi Guaimarus had rais'd in him, and partly by the preffing Sollicita- 
 ttons and rich Prefents o{ Pdudalphus, came to Capiu, and manag'd Matters fo dex- 
 troufly with Guainiarus, that he made him refign the Principality into his Hands, 
 which he beftow'd on Pandulphtis and Laiidulpbiis his Son '. 
 
 ' Ofticnf. lib. 2. cap. 80. 
 
 SECT. III. 
 
 '7'he frft Iirjeft'itiires given by the Emperor Henry to the Normans. 
 
 TH E Affairs of Capua being thus fettled, Hen-y refolv'd to gain the Normans 
 over to his Intereft, and was very follicitous to have them to hold of him. 
 Mean while Drago Count of Piiglia, and Rainulphv.s Count of Ai-erfa^ had not 
 negledcd, as foon as Henry came to Capua^ to tender him their Refpcds ; they 
 vifited him, and made him a Prefent of many Horfes, and a great Sum of Money. 
 At this Time Henry gave the Inveftiture to thefe Norman Princes of the County of 
 Anjcrfa (as Conrad had formerly done to the other Kainulphus') and to Drago of all 
 he poffefs'd in Piiglia '. Thus did thefe new Princes get themielves more firmly 
 eftablifli'd in thofe Dominions, w hich they had poflefs'd hitherto by Virtue of no 
 other Right but what the Law of Arms had given them. Altho' the Normans had 
 taken Piiglia and Calabria from the Greeks^ and not fiom Henry, neverthelefs the 
 Emperors of the Weft pretended they belonged to them as Kings of Ilaly, to whom 
 thelc Provinces were fubjedt during the Dominion of the Longobards ; for regaining 
 of w hich, the Emperors had had many Wars with the Greeks, therefore it ought not 
 to feem ftrange, if on all Occafions that ofFer'd, they were willing to invert thofe 
 who had taken them from the Greeks, which was now the Cafe of the Normans. 
 
 BUT Henry not only gave them the Inveftiture of thefe States, but likewife 
 yielded them all the Territory of Benevcjtto, on the Occafion which we fhall relate. 
 At this Time Pandulphus III. with his Son Landulphus govern'd the Principality of 
 Benccento ^ : Henry after he had inverted the Normans in Capua, left that City in 
 order to go to Benetento ; the Beneventans remembring that they had always been 
 ill us'd by the Emperors of the Wert, particularly by the two laft Otbo's, the 
 Emperors Vifits were no ways acceptable to them. Now that they heard of Henry's 
 coming, and that he was bringing Pope Clement II. along with him, they refus'd 
 him Entrance, fhut their Gates, and fortified themfelves. Henry, highly offended ac 
 the Affront, and not in a Condition to re\'enge himlelf at that Time, got the Pope 
 to excommunicate the whole City j whence, as we have obferv'd in another Place, 
 'tis evident, that long before Gregory VII. general Interdidions of whole Cities were 
 in ufe in the Church ; and not content with this, he took all the Territory from the 
 Beneventans, and thofe open Places of the Principality that were eafily conquer 'd, 
 and of his own Authority gave them to the Normans K 
 
 THUS //«'/;i7 having better eftablifh'd the A"b>*w^//.f in the Counties of Averfa 
 and Pallia, and part of the Principality of Bene'vento, return'd to Germany, carry- 
 ing with him Pope Clement, and Gregory the former Pope, on whom hchadpafs'd 
 Sentence of Banilhment. 
 
 THIS Year then 1 047, the Royal Norman Houfe began to fubjed itfelf to 
 take In\ cftiture and Infeoffmcnt, not from the Roman Pontiffs, who at this Time 
 did not pretend to it, but from the Emperors of the Weft, who as Kings of Italy^ 
 for the kcafons already mention'd, bcliev'd that thefe Provinces belong'd to their 
 Empire. 
 
 ' Oft.loc. cic. Dragon! Apulix, & Rainul- 
 plio Avcrl'a; CotnltibusaJ I'c convciiicntibus, & 
 cquos illi plurimos, & pccuiiiam Maximam 
 Offercntibus, uiiiverfam, quani tunc tencbant 
 terrain Imperial! inveftituia lirmavir. 
 
 ' Pclles'r. in Stem. 
 
 ^ Oft. loc. clt. Totam Civltatcm a Romano 
 Pontilice qu! cum illo tunc erat cxcommunicari 
 fccir, cunramque Bencvcnranam rerrani Noi- 
 maTinls auitoricarc 1'ua contlrmans, ultra inoiiri-s 
 exindo ell rcvcrfus, Grigoiiuin Expontiliccni 
 fecum afportans 
 
 BUT
 
 Bcok IX. the K i k g d o m of NAPLES. 42^ 
 
 BUT \vhilfi: the Emperor of the Weft was thusdifpofing of thcfeoiir Provinces 
 the Emperor of the Ealt, who had been apprized, that//i?//jj had granted the Invefti- 
 ture of Pugiia to the Normans, and tluit lie had dilpos'd of this Province as if it 
 belong'd to his Empire, and not to that of the Eaft, as it did ; and thit therefore 
 the Normans were eftablifh'd in fuch a manner, that tl^ierc uere no Hopes left of ex- 
 pelling them out of it, full of Rage and Indignation, relbh'd immediately to lend 
 a new Officer nam'd Argirus, loaded with Gold, Silver, and rich Stuffs, that if he 
 fhould not be able to drive them out by Force, he might endeavour to do it by- 
 Bribery, and inviting them in the Name of the Emperor to go over with their Troops 
 into Greece, where they Ihould have fuitable Commands in a War he had refolv'd 
 to make upon the Perfians, by which they would reap great Ad\anta<^e '. The 
 Normans, who immediately perceiv'd the Snare, anfwer'd him frankly, that they 
 were refolv'd never to leave Italy, unlels expell'd by Force. Argh-us was fo vex'd 
 to fee that all his Artifice was difcover'd, that he relblv'd to make uCc of other 
 more villainous Means. With the Treafure he had brought from Confiantinopk he 
 brib'd many of the Piiglians, and fome that were moft intimate with Draq^o and 
 among the reft, one nam'd R/y'i?, who was likewife his Creature -. This'lraytor 
 whilft Dra^o in one of his Caftles, nam'd Alciitoglio, was going to Church in the 
 Morning, hid himfelf behind the Door, and flew upon him and kill'd him with a 
 Dagger; the other Confpirators, who had alfo hid themfelves with il;yo, kill'd a great 
 many of the Count's Guard, and made themfelves Maftcrs of the Fort. The fame 
 was done in diverfe Parts of Puglia, where they had been acquainted with the Con- 
 fpiracy ^ fo that there was greater Slaughter made among the Normans by this 
 Confpiracy, than had been in the Wars which had laftcd many Years. 
 
 BUT Umfred, who had been made Count in £)>-/?^o's Life-time, with extreme 
 Grief being appriz'd of the Death of his Brother, and the barbarous and treacherous 
 Murder of thofe of his Nation by the Pmlians, prefently join'd all his Forces and 
 having vigoroufly attack'd the Caftle of Montoglio, after a long Siege made himlcif 
 Mafter of it, and having got the Afliafline, with his Accomplices into his Hands 
 put them to Death by different forts of exquifite Torments. Argirus refolv'd to 
 defend himfeJf, by heading Ibme few Troops which he aflembled ; but Umfred 
 attack'd him, defeated him, and forc'd him to retire in Confufion, which brought him 
 in Difgrace with the Emperor, fo that loon after he died of Grief From this 
 Incident, the Normans, in order to be reveng'd of the Greeks, were refblutely bent: 
 on driving them out of Calabria, and began to keep a watchful Eye over the Puq-lians 
 and to treat them more roughly, who therefore being wearied of their Government' 
 began to fill the World with Complaints, and to invent the moft odious Calumnies 
 againft the Normans. They charg'd them as guilty of a Thouland Crimes ; call'd 
 their Government Tyrannical and Cruel, laid their Grievances before Henry and 
 ihortly after before Pope Leo, whence proceeded the many Innovations and Dilorders 
 which we are now going to relate. 
 
 ' Gul. Appul. lib. 2. 
 
 Malater. cap. i ; 
 
 C H A P.
 
 428 
 
 The Civil History of 
 
 Book IX. 
 
 CHAR III. 
 
 Tloe Orighie of our 'PnpaJ Liveflitures ; and the unfortunate Ex-^ 
 peditton of Leo IX. againjt the Normans. His Imprlfonment 
 and Death. 
 
 I HE Subjed we are now about to treat of, by reafon of its Novelty 
 I and Oddnefs, needs no Recommendation : It contains an Attempt of 
 the Popes upon this Kingdom, and in what Manner, and from what 
 {lender Beginnings they have at laft obtain'd, that now it is reputed a 
 Fief of the Church oiKome. Neither is the Oddnefs of it more fur- 
 prizing, than how, without an Army, without a Fleet, but only by 
 their exquifite Cunning, and continual Application, they have been able to eftablifh 
 this Right, acquir'd by them not as Heads of the univerfal Church, or Patriarchs of 
 the Weft, but as fecular Princes, and to accomplifli what neither the Emperors of 
 the Weft, nor thofe of the Eaft, by long W^ars,and great Armies, could ever obtain. 
 But the Quarrels of Princes, the Stupidity and Superftition of the People, the 
 Ignorance and Barbarity of the Age, and the exquifite Cunning of the Popes, all 
 put together, were fufficient to remove all Obftades and Impediments. 
 
 FROM this Time forth, having occafion frequently to mention the Roman 
 Pontiffs, that I may not be charg'd with Temerity, my Purpofe is not to fpeak of 
 them as High Pricfts, and Vicars of Chrift ; but as fecular Princes, who, in order 
 to make themfelves Mafters of many States and Principalities in It/ly, minded their 
 own Intereft, like all the other Princes, who had Dominion there. I fliall make a 
 iuft Diftinftion betwixt thefe two Perlbnages ; when I have occafion to difcourfe 
 of the Ecclefiaftical Polity, then I fpeak of them as Heads of the Church, and 
 Patriarchs of the Weft, who have the Government of our Churches. Whea 
 they meddle with fecular Affairs, they fhall be reprefented only as Men, like 
 other Princes. Therefore it will not feem ftrange to fee them in thefe Times at the 
 Head of Armies, making Leagues, and inlifting Soldiers: Which made the Schifm 
 betwixt the Greeks and Lathis the more irreconcileable, and gave occafion to the 
 Greeks to call the Konian Pontiffs, no more Bifhops, but Emperors ; and Petrits 
 Dlaconus ' in the A6b, of the Difpute which he had before the Emperor Lothaire, 
 and which the Abbot of Noce ^ avouches for true, contrary to the Opinion of 
 Barcnhis, relates, that a Phjlofbpher having come out of Greece into Italy, made an 
 Oration in prefence of the Emperor Lothaire, and among other things told him ; 
 Komanum Fontijicem, Luperatorem, jion Epifcopum ejfe ; and the fame Writer reports ', 
 that having had a Difpute with the fame Perfon about the Holy Ghoft's proceeding 
 from the Father and the Son, among other Things, the Greek upbraided him, and 
 fpeaking of Innocent II. faid, In occideiitali climate nunc impletum valewus quod Do- 
 winus per prophetam dictt, Erit, ut populus, fic facer dos, cumpontifices ad bella runnt ; 
 fie papa 'vefler lunocenttus facit, pecunias difiribuunt, niilites congregant, purpurea 
 leflitnenta amiciuntur. 
 
 "'T I S likewife true, that when their Dominions were not in a Condition to fur- 
 ni(h them with Money fufficient to maintain numerous Armies, they frequently joyn'd 
 
 ' Auftviar. Chron. CalT. lib. 4. cap. itf. 
 * Ab. de Nuce in Excurf. hift. ad dift. 1. 4. c. 
 
 S. 
 
 ' Pet. Diac. loc. cir. cap. 116. 
 
 the
 
 Book IX. the Kingdom 0/ N A P L P. S. 429 
 
 the Spiritual to the Temporal Arms, by which they became fuperior to tiie Princes 
 and terrible to the People. They had ufurp'd the Power of dcpofinj^ Princes from 
 their Kingdoms and Dominions, of raifing and pulling them down at their Pleafure 
 of creating Dukes and Counts, and even believ'd that they had likcwife Power of 
 making Kings and Monarch.s; and in the latter Ages, they carried Matters to fuch 
 an Excefs, that there was not a Prince in Europe, that did not do Homage to the 
 Apoftolical See as a Vaflal. In fine, by thefe means they came to pretend, that this 
 Kingdom was a Fief of their Church, and to treat the Pofleflors as their Subjedb 
 and Vafials. 
 
 HENCE proceeded fb many Revolntions, when the Popes invited foreign 
 Princes to come and take Pofleflion of this Kingdom ; hence arole {'o many Wars 
 and Diforders ; and that in procefs of Time, the Kings of Naples conMtr'mz, that 
 their Kingdom, for a long Tract of I-and, bordering upon the Eftate of the Church, 
 was liable to be diftnrb'd by the Power of the Popes ; fome of them, unwilling to 
 bear the Yoke, were in continual Enmity and War with them, and often made them- 
 ielves Mafters of Rome j others more peaceable, did not think fit to quarrel with 
 them, remembering the Calamities that had happen'd on that account, in the Reign 
 of the Sne^!, and the latter Debates which King Alphonfas I. and Ferdinand his Son 
 had often with them ^ and feeing the Jurildidrion of the Borders, Tribute, Collation, 
 of Benefices, Tenures of the Barons, and many other Differences would ftill be Bones 
 of Contention, they refolv'd to cultivate Friendfhip with them, judging themfelves 
 abundantly fecure if they had all, or at leaft a Part of the moft powerful Barons of 
 the Roman Jurifdidion depending on them '. 
 
 WE fhail now fpeak of the Koman Pontiifs, as Princes; and I look upon it as 
 a better way to handle their Cafe as fuch, on this Subjeft of hivefiitures^ than to 
 bring them on the Stage in the other Quality. If fecular Princes will but look nar- 
 rowly into tlie firft Rife of their Kingdoms and Monarchies, few will be able to 
 make good their Titles j for the belt of them will be found grounded either on War, 
 Ufurpation or Rapine ; but long and peaceable Poffeffion for many Ages, gives 
 them futfidcnt Right to the lawful PofTeffion of them now, and it would Tdc unjuft 
 to invade them. Thus if wc confider the Popes as fecular Princes, poffefRng many 
 States in haly, though they cannot fhew a lawful Title to their Claim of hroejfitiires. 
 as we Ihall fee anon, yet jt cannot be reckon'd null and void, becaufe of their long 
 PoffefRon. But what \s thought fufEcient to a temporal Prince, perhaps will not 
 fupport the Claim of the Vicars of 'Jefus Chrift : They ought to make a nice In- 
 quiry, not fo much into the Time and long PoflefHon, as into the Rife, the Occa- 
 fions, the Rights and firft Grounds of their Acquifitions. 
 
 BUT before we come to lay open thefe Sources, and how in thofe Times the 
 Koman PontifE, by means of thefe Inveftitures began to incroach upon the temporal 
 State of thefe Provinces, and at Jaft made them Feudatory, it will be necelTary 
 that we give a fuccinft Account of the State they were in in thofe Times, and by 
 what Princes they were governed. 
 
 THE three Principalities of Beneveiiio, Salerno and Capua were fubjedt to the 
 Lc<»/^o/'^rrf Princes : Pandtilphus III. with his Son Landclphiis, reign'd in Benevento ^ 
 Guai.iurus IV. in Salerno, and Pandolpbns in Capua. The Dukedom of Amalpbis^ 
 with that of Sorrento, which formerly belong'd to that of Naples, were fubjedt to 
 Guaimarus. The Dukedom of Gaeta was govern'd by John ; and that of Naples 
 by Serfrias. The greateft Part of Pttglia was under the Dominion of the Normans., 
 and Calabria was in danger, but as yet belong'd to the Empire of the Eaft. The 
 Emperors both of the Weft and Eaft, pretended equally to the Sovereignty and 
 fupreme Dominion of all thefe States. The Emperor of the Weft, as King of /Ar/j, 
 claim'd it over all that.Tradt of Country, which formerly was comprehended in the 
 antien: Dukedom of Benevento, and included almoft all the prefent 'Kingdom ; fb 
 that he exercilld all Sovereignty over the Lotigobard Princes, and took upon him to 
 depofe them and exp^l them their States, and to beftow them on others. He claim'd 
 the fame over Pugha and Cilibrta, which formerly, for the moft Part, were annex'd 
 to the Dukedom of Benevento ; and there being no End of Ambition, there was no 
 Corner of thele our Provinces, which he did not claim as fubjcd to him ; whereby 
 
 ' V. Guicciard. hift. Ital. lib. i. 
 
 5 T he
 
 Aj^o The C I V I L H I s T o R Y 0/ Sook IX 
 
 he alTum'd the Power of inverting Kainidphus in the County of Aveyfj, tho' this 
 City had been built within the Jurifdidion of the Dukedom of Nap/es, which by 
 ancient Right, belong'd to the Emperors of the Eaft, and not to thofe of the 
 
 Weft. ^ , , , 
 
 O N the other hand, the Emperor of the Greeks, perhaps on better Grounds, 
 pretended that all thefe Provinces belong'd to his Empire of the Eaft, from which 
 thev had been wreftcd, and unjuftly polfefi'd by the Lougohards. That the Pro- 
 vinces of Piiglta cind CaK-ibi-Li indifputably were liibjed to it, and that the Dukedoms 
 of Naples, Amalpbis^ Gi^eta and Sorrento held of it. 
 
 THE Sovereignty of thcfc our Provinces was difputed and ftrugglcd for, be- 
 twixt thele two Princes, which was the Occafion of the many VVars we have 
 related in the Courfe of this Hiftory. Hitherto the Roman Pontiffs had not dream'd 
 of claiming a third Share, nor pretended to any Sovereignty over them. Altho', by 
 the Bounty of Charles the Great, and his Succeflbrs, they had got a Share of the 
 Spoils of the Lougobards, which thefe had taken from the Greeks, whereby they 
 became Lords and Mafters of the Dukedom of Ro>:/e, the Exarchate of Kaveiiiia, 
 Peutapolis, and fome other Cities of Italy, as we have lecn in the preceding Books 
 of this Hiftory ; yet they had never intermeddled with thefe Provinces which now 
 compofe our Kingdom ; and though we read in Oftienfis, that they pretended to 
 have a Right over Gaeta, and had poflefs'd it for fome time, neverthelffs it was 
 foon recover 'd by the Greeks, and afterwards govern'd by its own Dukes ; and thefe 
 very Pretenfions, which we read were confin'd to Gaeta alone, convince us the more, 
 that all the Countries of the other Provinces were intircly out of the (^ueftion. 
 Neither in thefe Times could fuch Pretenfions be grounded on the counterfeited Do- 
 nation of Conjlantine, or on that oi Charles the Great, or Lewis the Good; for :t is the 
 conftant Opinion of the moft grave Authors, that all thole Inftruments and Diplomas, 
 in the Manner they are now conceiv'd, were forg'd in the Time of H/ldehratid; and 
 much lefs could their Pretenfions be founded on what we read of Lewis the Good, and 
 the other Emperors his SuccefTors, their having confirm'd the Patrimonies ofBeneveiH 
 to, Salerno, Capua, Naples and thofe of Piiglia and Calabria ; for thefe Patrimonies, 
 as we have feen elfewhere, were nothing but the PofTeflions, which the Church of 
 Rome, by the Piety and Bounty of the Faithful, had in thefe Provinces, and were 
 call'd St. Peters Patrimony ; fo that Chioccarelli ' was in the wrong, in order to 
 <r[\e a Foundation to thefe Inveftitures, to rely on ConJiaMine's Donation, and the 
 Grants of Lewis and Otbo. Neither was it ever heard, that the Princes oi Beneven- 
 to, Salerno or Capua, and much lefs the Greeks, had ever acknowledg'd the Roman 
 Pontiffs for their Sovereigns, or had ever fought Inveftiture of their Dominions, by 
 becoming their Liege-men, or fwearing Fealty and Homage to them. 
 
 'T I S very evident then, that the Roman Pontiffs had no manner of Superiority 
 or any Right whatfoever, over thefe our Provinces, fufficient to juftify their Claim ; 
 but by the Opportunities that were laid open to them in thefe Times, and which 
 they greedily embrac'd, and cunningly made ufe of, at laft they acquir'd it in the 
 Manner we are going to relate. 
 
 AFTER the Death of Clement II. which fell out in Germany, whither, Nine 
 Months before, he had gone in Company with the Emperor ; Benedi^, who had 
 been expell'd by Henry, and had retir'd to, and fortif)'d himfelf in his own Caftles, 
 immediately invaded the Papacy a-new, but could not hold it above Eight 
 Months, for the Emperor Henry quickly fent Popo Bifhop of Brixen, from Germany 
 f) Rome, in order to fucceed Clement, who took the Name of Daniaftis. He died 
 of Poyfon 23 Days after his Exaltation, and the Romans intrcated Henry to fend 
 them for SuccefTor, Bruno Bifhop of T'oul, a German by Nation, and of Royal 
 Defcent, but much more famous for his Learning and Sandity : in the Year 1049, 
 they eleded him Pope, and he w-as nam'd Leo IX. 
 
 I T was then thought, as his Co-temporary Writers ' report, that by the Elcdion 
 of fo eminent a Perfbn, in fuch wretched Times, very rare to be found, the Affairs 
 of Rome, and thefe our Provinces, would be reftor'd to a State of Tranquillity, the 
 Difordcrs of the Clergy be at an end, and Italy enjoy a fettled Peace; but tho' the 
 Piety of Leo and his unfpottcd Life were fuch, that at laft he was Canoniz'd ; never- 
 thelefs tho' not ib much by his own Inclination, as by the Inftigation of others, he 
 
 ' Chioc. torn. i. dell. Invert ' Dcfiderius Abb, Oflienf. lib. 2, cap. Si- 
 
 wa.s
 
 Eook IX. fZv K I N G D o M o/' N A P L E S. 431 
 
 was reputed the Author of many Innovations, which produc'd fad Diiorders, and 
 very ptrnicious Conleqiicp.ces. It was he, who, travelling through France in his 
 Pontifical Habits, met Ihldebrand a Monk of CaJiJiio, at Clugny\ a Man of fins^ular 
 Cunning, and was perluaded by him, to ftrip himfelf of his Pontifical Garments, 
 and enter Kc>i:e like a Pilgrim, and get himfelf eleded Pope by the People and 
 Clergy, in order to aLrogate the Abufe of receiving the High ' Priefthood from 
 Laick Hands This was the Seed of the many Diforders and cruel Wars, about In- 
 vcftitures, betwixt the Popes and the Emperors of the \\ eft, who feeing this Pre- 
 rogacive, which for many Years tiicy had maintain'd, contraverted, march'd Armies 
 in order to preferve it, burning and deftroying where-ever they went ; and on the 
 other Hand, the Succeflbrs of' Leo, and efpecially this fame Hildel'raiid, who was 
 afterwards Pope, with Excommunications, Depofitions and Conlpiracies, ftirr'd up 
 Children againft their Parents, and put all Europe in Confufion ; fo that being more 
 inHiienced by Leo's Example, than the Strength of Reaion, the Popes became more 
 bold and obftinate in their Enterprizes. 
 
 BUT much more pernicious, and of much worfe Confequence was the other 
 Example of Leo's putting himfelf at the Head of Armies. We have formerly feen 
 the Popes Jobii VIII. and X. at the Head of Armies ; however they had at leaft the 
 Preeence of fighting againft the perfidious and infidel Saraeens, and their Adherents ; 
 but Leo took up Arms againft the pureft Chriftians, fuch as the Normans were, who, 
 ibr Piety and Catholicifm, were inferior to no Nation whatfoever ; he fought with- 
 out a realonnblc Caufe, or Pretence of Religion ; but purely for enlarging the 
 temporal Power of the Church, and increafing her worldly Riches ; he made a moft 
 unj^iftWar, fo unplcafant to God, that his VV'rath and Indignation were vifible in 
 the unhappy Succefs. If his Predeceffors, who, for their abominable Lives, were 
 look'd upon as the Plagues of Mankind, had undertaken fuch a War, the Example 
 ■\vou'd not have had flich milchievous Effedts on his Succeflbrs ; but being done by 
 I.-:, a Holy Pope, it made them the more bold, and afterwards to be guilty of greater 
 Extravagances and Novelties; not adverting to what Pc/cr Damtan, a Co-temporary 
 Writer, fpcaking of this Condudt of Leo, fays, That the Apoftle Peter was a Saint, 
 not becaufe he denied Chrift, but on account of his other excellent and incompa- 
 rable Virtues; fo Leo, not for this Deed, but becaufe of his Innocence and un- 
 ipotted Life, deferv'd this Title. 
 
 LEO IX. out of Piety and Devotion, had frequent Occafions of vifiting many 
 Farts of thcfe Provinces. This lame Year 1049, in which he was advanc'd to the 
 Pontificate, and in which Pandolphus Prince of Capua died, he came to vifit the 
 Sanduary of Monte Gargano, and in his returning, that of Monte CaJJino, where he 
 convers'd very familiarly with thefe Monks, and adorn'd that Monaftery with many 
 Prerogatives, and from thence went to Rome. But loon after in the following Year 
 1050, he return'd hither anew ; there are fome who write, that this fame Year he 
 held a Council in Siponto, where he depos'd two Archbifhops ; but U'^ibertus alone 
 makes mention of this Sipontine Council, for Oftienfis, nor any other Writers do not 
 fo much as fpeak of it. After having vifited thefe Sandtuaries, he reiblv'd to lee the 
 molt confpicuous Cities of the Country ; he went firft to Benevento, where he had 
 an Opportunity to gain the Affedlions of thefe Citizens, and make them to be at 
 his Devotion ; for this City being ftill under the Interdidtion of his PredecelTbr 
 Clement, he took that off 
 
 THE next Year he went to Capua, from thence he return'd a fecond Time to 
 Benevento, and the fame Year 1051, he likewile vifited Salerno. This City the 
 following Year 1052, was in the greateft Confufion, on account of the horrible 
 Aflallination of Giiaimariis by a Confpiracy, contriv'd againft him by the Amalphi- 
 tans, whom he had us'd ill, and by their Adherents and fome Salernitans, who 
 having cruelly murder'd him on the Sea-lhore, furpriz'd the City. But Cuido, the 
 l\xo\.\\cr oi Giiainhtriis, being aflifted by \.\\g Normans, the fifth Day after retook it, 
 ;;rid reftor'd it to Gifulphus the Son oiGttamarus, who fuccecded his Father in the 
 Principality '. 
 
 BUT during the Stay which the Pope made in thefe Cities, he was glad to hear 
 tli: Complaints of the Pi'.glian and Longobard Princes againft the Normaus^ who 
 
 ' Oft-^-^r, i;-, 2. cap Sy 
 
 growing
 
 ^^ I The Civil History of Book IX. 
 
 growing flronger every Day by their new Acquifitions in Cahbria, and the Princi- 
 pality oi Boievento^ began to create Jealouly in their neighbouring Pr'nces, and 
 elpecially in Pope Leo, who, as his Predeceffbrs had been jealous of the Longobards^ 
 eould not endure the Proiperity of the Normans^ and finding they wouM not eafily 
 part with what they had once acquir'd, and that they frequently incroach'd upon the 
 PoifefTions of the Churches, he thought it inoonfiftent with his own Intercflr, that 
 of the Enrjperor his Coufin, and of Italy, to fuflfer this Nation to proceed in their 
 Conquefts ; therefore he refolv'd to go to Germany, as he did this fame Year 1051, 
 and laid before the Emperor //i?«A7, that the Normans were now become very grievous 
 to the Inhabitants of the Country, by extending their Limits beyond the Places 
 with which he had inveftcd them, and that they attempted to fubjed all thele 
 Provinces, and withdraw them from their Allegiance to the Empire of the Weft j 
 that thcv were lb iniblent as even to rob the Goods of the Churches ; that they were 
 no longer to be born with, becaufe they would occafion greater Milchief, but ought 
 to be c-spell'd Italy ; that he himfelf had Courage enough to do it, and if the Em- 
 peror would fend a good Army \nto Italy,hc would put himfelf at the Head of it, and 
 drive thefc Tyrants quite out of the Country. Leo prevail'd fo far with Henry, that 
 he confcnted to his Rcqueft, and having caus'd a powerful Army to be aftembled, gave 
 him the Command of it, with which he march'd towards Italy. But (leberardus 
 Bifhop of Eicbftat, a Creature and Counfellor of the Emperor, difapprov'd of it, as 
 Icandalous in the Popes to put themfelves at the Head of Armies againft Chriftians ; 
 and could not forbear chiding the Emperor, and wrought fo much upon 
 him that all the Army, except a few Troops left with Leo, was countfrmanrltd. 
 Neither ouc^ht it to be pafs'd over in Silence, that this fame Bifhop, when he was after- 
 wards Pope, by the Name of Vitlcr 11. prefently was of another Mind, and was 
 forry for what he had done, in depriving Leo of fuch powerftil AfTiftance, perhaps 
 thinking, that he would have been able to have advanc'd the Intereft of his See 
 thereby, more than he had done, feeing by his Imprifbnment he had made it 
 
 ■worfe. 
 
 NEITHER did Leo neglc6t at this Junfturc to take Care of the Intereft of 
 the Church of Rome, by a Commutation, in which both himfelf and the Emperor 
 found their Advantage. Henry I. by the Germans nam'd II. out of his own Patri- 
 mony, had caus'd to be built a magnificent Church in Bamberg in Honour of 
 St. Gregory ; and being defirous to have it eredled into a Cathedral, got Pope fiene- 
 diCi to confecrate and ercd: it into an Epifcopal See -, but the Emperor was oblig'd, 
 by way of yearly Tribute, to prefent to the Church of Rome, a fine white Horie, 
 with all his Trappings and Furniture, befides a hundred Marks of Silver likewife 
 every Year. Henry the Black now refolv'd to get this Church freed from that 
 Tribute and Subjedlion to the Church of Rome, as too great a Burthen upon it ; 
 Leo did not refufe to do it, but it could not be executed without fomething elfe 
 was given to the Church of Rome in lieu of it, therefore he thought on lome Expe- 
 dient, which was quickly found out to both their Advantages. 
 
 HENRT, by realbn of the Indignity the Bcneventans had put upon him, in 
 IhuttincT him out of their City, mortally hated Bencvento ; and confidcring that it 
 would be a difficult Matter for him to bring it under his Obedience, in order to be 
 reveng'd, he refolv'd to exchange it with the Pope for the Claim he had on Bam- 
 berg. The State of the Principality of Bcnevento at this Time, as we have faid, 
 was this: The City was governed by Prince Pandiilphus and Laiidulpbushis Son, but a 
 great Part of it was already under the Dominion of the Normans, to whom this fame 
 Heftry, on the Occafion we have told, had given all the Lands of Bene'vento ; neither 
 had the Normans, who, without fuch a Gift, were ready enough to incroach upon 
 their Neighbours, neglcdled to pofTefs themlelves of the reft of the Principality. 
 Thus Henry, who parted with little of his own, except the Right of Sovereignty, 
 which he pretended to over that City, then poffels'd by Pandalpfms, gave the City 
 of Bcnevento to Leo in exchange, which he had not granted to the Normans^ it not 
 being included in the j6(?wi;f;//i?« Territories with which he had IbmeTime before in- 
 ■veftcd them. And "tis not to be thought, that this Exchange could have been made for 
 the whole Principality of Bencvento, tho' at this Time it had been much Icffen'd by 
 the Principalities of Salerno and Capua being wrefted from it ; nevcrthelels it com- 
 prehended many Cities and Towns of the large Province of Sannw, in which were 
 contain'dthe two Apr 11. zzf, theCoumy of Molije, and alfb many other Parts of other 
 
 Provinces ;
 
 Book IX. the Kingdom of N A P L E S. 43 \ 
 
 Provinces ; and it would be Folly to think that the Principality of Rcvcveitto would 
 have been given in Exchange for a iiundred Marks of Silver, for the white Horle 
 was not remitted i neither truly can it be conceiv'd, how certain modern Writers, 
 fome inconfiderately, others malicioufly, could take upon them to write fuch 
 Extra\'agances without the Support of any cotemporary Writer, and inftcad of the 
 City o( Beneveiito, to write the Principality of Bencvcnto ; for we have no Writer 
 more ancient, that mentions this Exchange, than Leo Oftieiif^s ', who plainly relates, 
 as the Thing itfelf dcmonftrates, that there was fuch an Exchange of the BiOioprick 
 o£ Bamberg, for the City of Benenjeiito, and not for the Principality ^ and Petrus 
 Diaeouus ', who wrote foon after Leo, mentions only the City, and not the Princi- 
 palitv ; and the Event evinces the Truth of it, for the Church of Koine has retain'd 
 the City only, and not the Principality, over which it never pretended the ieaft 
 Right, but it has undergone the fame Fate with all the other Provinces, as will be 
 lecn in the Courfe of this Hiftory. But this Exchange did not take Place at this 
 Time ; for tho' upon Leo's coming into Italy with the Troops which the Emperor 
 had given him. Prince Pandiilpbits and his Son had been banifh'd that City -, and a 
 ccrt-^im Kodiilpbns tXtGc^A Prince o( Beiicvento, yet neverthclels they foon return'd, 
 and poffefs'd Benerento many Years, until they were expell'd it by Rcl/ert in the Year 
 1076, from which Time by Agreement made with the Korinap.s, the City of Be;ie- 
 leiiTO began to be govern'd by the Church of Koine, and the Principality by the 
 Normans, as we (hall relate hereafter ; fo that the new Neapolitan Hiftorian * is 
 widely miftaken, w-ho with a great Oftentatiou of Eloquence in relating the Tranl^ 
 aftions about this Exchange, fays, it was made with the Principality oi Benevento ; 
 and it fcems he never had read Oftienjis, who fpeaks only of the City of Beiieveuto. 
 
 I N the mean time, Leo having put himfelf at the Head of a great Army com- 
 pos'd of Germans, and a good Body of Italian Troops, confifting not only of Laicks, 
 but alfo Clergy \ gave the Command of the Germans and the Siie'vi, to Guarncriiis 
 a Sucvian, and of the reft to Alhertus Iravnindus, ylfto, and Kodulpbus, whom a 
 little before he had made Prince of Benevento, and march'd the Army towards 
 Paglia in order to find the Normans, who being much inferior in Number, he 
 beiiev'd he could eafily defeat and drive them out of Pttglia, and all the Places thcr 
 had hitherto conquer'd. 
 
 THE Nor ni an s ht\ng furpriz'd at the News of this March, were terribly afraid, 
 not only becaufe by the Confpiracy hatch'd againft them by Argiriis they had loft 
 their chief Commanders, and the greateft Part of the gallant Warriors, but likewife 
 becaufe they had to do with an Army not compos'd of Greeks and Puglians, but 
 of Germans, Men of prodigious Stature and Strength, couragious and skill'd in mili- 
 tary Affairs j befides they could not truft the Pitglians, by reafon of the Hatred 
 they bore them. Therefore they bethought themfelves of Means how to ward off 
 the impending Danger ^ whereupon they fent Ambaffadors to the Pope to defirc 
 Peace of him ; they offer'd to fubjed: themfelves in all Matters relating to him ; 
 that they pretended only to poffefs thofe I^ands they had acquir'd with the Sweat of 
 their Brows and their Arms ; that they had not robb'd the Churches, offering their 
 Service with all the SubmifHon and Refped imaginable. But Leo, \vho thought he 
 was fure of Vidory becaufe of his flrong Army, and being likewiie pufh'd on bv 
 tht Germans, who defpis'd the iVo/-;««;/j on account of their low Statures, dilmifs'd the 
 Ambaffadors with a very harfh Anfwer, That he would make no Peace with them, 
 unlefs they would march out of Italy ; but they replied. That it was ne.\t to impoi- 
 fible to oblige fo great a Multitude to go fhift for themfelves and Families ; all their 
 Requefts were to no Purpofe, they were fent back without concluding any Thing. 
 
 V^ HEN thefe hard Terms were reported to the Normans, they became defpc- 
 rate, and refblv'd rather to die honourably, than bafely and (hamefull)' to part 
 with what they had acquir'd with fo much Toil and Labour ; and notwithftanding 
 the Inequality of their Forces, and want of Provifions, chofc to accept of the Battle^ 
 the' with fb great Difadvantage, and every one of them to die or be Vidorious. 
 
 ' Oftienf. lib. z. cap. 46. Poftmodum Leo I.X. 
 papa Vicariarionis gratia Beneventum ab Hen- 
 rico, Corradi filio rccipiens, pndiftum Epifco- 
 pium Bambergenfe fubejus dlcionc remlfic, equo 
 tantum quem prxdixiinus fibi retento. 
 
 * Petr. Diac. ad Oftienf lib. 2. cap. 84. 
 
 ' Chron. Due. &: Princ. Beiiev. apud Pellegr. 
 pag. 266. &: cxiliari funr. 
 
 ■* p. Gianncctaf. hift Neap. lib. 9. 
 
 ' Lambcrr. apud Baron. A. lOf?. num. 5. 
 Item, alios quamplurcs tarn Clcricci, quani 
 Laicos in re militari probatillimos. 
 
 5 U THERE-
 
 434 
 
 The Civil H i s t o p. y of 
 
 6ook IX. 
 
 THEREFORE they divided their Army into three Bodies, and gave the 
 Command of them to their moftrcnown'd Captains, of which Count Lw/mi!, Kolert 
 Cmfc.ird, and Kicbard Count of Jrerfa, the Son of Jfcletthiiis, who had fuccecdcd 
 Kodiilpbas, were the moft eminent. 
 
 IN the mean time Leo drew up his Army in Order of Battle in a great Plain near 
 CiviUtde, in the Province of C^p/r^w^r^' ', and having difpos'd it under the forefaid 
 Commanders, there was nothing to hinder the two Armies from engaging, but a little 
 Hill that divided them. The Normans were the firft that mounted it in ord^r to 
 view the Enemy, and finding that they confifted of a great Number oi Italians, who 
 knew nothing of military Dilcipline, and a few German Troops regularly drawn up, 
 and much m^ore to be fear'd, took their Meafures accordingly, and divided their 
 imall Army into three Bodies. The right Wing was given to Richard Count of 
 Averfa in order to charge the Italians ^ L'mfred commanded the main Body, with 
 what Cavalry there was for attacking the Germaus ; and Robert Guifcard had the left 
 Win" with a '^^ood Number of chofen Calabrians who had ingag'd in their Service 
 ever fin ce they had been in that Country. He had Orders not to advance much, 
 but to fer\e tor a fmall Corps de Rc/'erve, to be always ready to fuftain the reft of the 
 Army, and in Time of need to fupply it with frcfli Troops. 
 
 RICIl/lRD firft of all charg'd the Italians commanded by Rorf////)/^//.? fo fud- 
 denly and refblutely, that they had not time to make the leaft Refiftance. Their 
 Fear put them into fuch Confufion, that in Retreating, the one half bore down 
 the other, and Richard gallantly purfuing them, they took themfelvcs to a fhame- 
 ful Flight, fo that this brave Commander, what with the Sword, and what with 
 Darts, made a terrible Slaughter ^ 
 
 COUNT Umfred had much ado to manage the Gerfnans, and efpecially the 
 Sucvi. He difcharg'd a terrible Shower of Arrows upon them, which they return'd 
 him in the fame Manner, after which they fell upon one another with their Swords, 
 and made a dreadful Slaughter on both Sides. Then Robert Guifcard thought it time 
 to come to his Brother's Afliftance ; which he did immediately, with Paudtilpbiis and 
 Landulphiis his Son, who had been banifh'd Beneveuto ', back'd likewife by his 
 Calabrians, who under his Difcipline had become gallant Soldiers ; he threw himfelf 
 with Fury into the JVIidft of the Enemy. The Battle was defpcrate, and the Bravery 
 of Robert incredible ; fo that at laft he defeated and put the Enemy into fuch 
 Confufion, that after having made a prodigious Slaughter, perceiving there were 
 ftill fome remaining, he made a frefh Attack, and cut them all to pieces **. 
 
 THE Pope, who at a little Diftance beheld this bloody Tragedy, feeing himfelf 
 brought into fuch Di'ftrefs, when he leaft thought of it, refolv'd to retire to the 
 City of Ci-vitade ' i but he was not long fafe there, for it was prefently befieg'd, and 
 he forc'd to furrender. One may eafily conceive what Perplexity of Mind the Pope 
 was in, and how he was puzzled when he fell into the Enemies Hands, whom he had 
 treated fo harfhly and feverely, and whom he took to be a barbarous and inhuman 
 People, without Religion, and had defcrib'd them as fuch to the Emperor Henry. 
 
 BUT he quickly found how much the Normans had the Chriftian Religion at 
 Heart, and what Regard they had for him, whom they refpeded as the Head of the 
 Chriftian Church, and Vicar of Jefiis Chrift. For iceing as a Secular Prince he 
 had made \\'ar againft them, they might ha\e treated him as they thought fit 
 Jure Belli, and according to the Laws of Vidory. But they were not then fo 
 learn'd, as to conceive a Diftinftion betwixt two Perfons in one Man, an Invention 
 of Churchmen to cloke the monftrous Condudt of a Pope, which was no ways con- 
 fiftcnt with the Character of St. Peter's Succcflbr. They look'd upon him always on 
 account of his fublime Charadter, as worthy of the utmoft Refped and Veneration, 
 Religion, which they fb much regarded, could infpire, and with Angular Piety, 
 and profound Refpcd, conduced him honourably and decently to their Camp. 
 They not only fet him at Liberty, but Umfred took his Parok, and with a g\-eat 
 many of his Officers accomp:inied him to Beneiento % and befides told him, that if 
 
 ' Malatcrra, lib. 2. c. !4. 
 
 * Ofticnf. lib. z. cap. 87. 
 
 ' Chroii. Due. Sc Princ. Bcnev. apud Pcllegr. 
 pag. 266. 
 
 ■* Oft. loc. cir. Omnibus tandem in ipfo 
 ccrtamine trucidatis, Normaniii Uei judicio 
 exticcre viftores. 
 
 ' Malater. lib. 2. cap. 14. Intia Uibemi 
 Provincix Capitanara:, qua; Commitata dicitur. 
 
 * Anonym. Barenf. apud. Pellcgr. A. lofl. 
 Comprehenfernnt ilJuin, 5c portavcruiit Bene* 
 vento, tamen cum honorlbus. 
 
 lie
 
 Boak iX. the Kingdoms/ NAPLES. 4V^ 
 
 1ic hnd thought fit to go to Komc, they would liave accompanied him to Capua '. 
 Tlie Pope, liirpriz'd at this Generous and -Chriftian Behaviour, not only rhahe ct the 
 bad Opinion he had formerly entcrtain'd of thtm, but repenttd him of what he had 
 hitherto done fo unadviledly and nnbetoming his Character, and bitterly lamented 
 his Misfortunes. He enter'd RenevcMo on the Eve of St. Johu^ in the Year 1053 
 «nd coritinu'd there to the 12th oi March of the following Ydar 1054, f'"-' Feftival 
 of St. Gre^or-y the pope ~ ^ -and there, by reafoi of the Fatigue he had Undergone 
 and an Oppreflion of his Spirits, fell fick, and fent for Count C/iufred, who con- 
 duded him to Capua, where he ftay'd twelve Days and then returned to Rome. 
 Upon his Arrival there, in order to recondle the Differences which in thelc Times 
 were become more implacable than ever betwixt the Churches of Ro7/ie and Coiiftan- 
 tinople, he fent three Legates to the Emperor Couftantinus Monomachus, to wit Peter 
 Atchbifhop of Amafphts, Frederick hisChancellor, ?ix\AUnibertus Bifliop of St. Kufna 
 which Bilhoprick was afterwards by Calixtus II. annex'd to that of Pnrto ; but this 
 Legation was not fuccefsful, for Leo foon after, with great Signs of Piety and Re- 
 pentance, ended his Days in the Month of April this Year 1054^ ^^^ for his 
 Sanctity and upright Life, was efteem'd a Saint. 
 
 I^ this Jundure of Affiirs 'tis faid, that Leo, after having abfblv'd the Normans 
 from the Cenfures, and the Offences which he reckon'd they had done him, c^ave 
 to Vnifred and his Heirs, the Inveftiture of Puglia and Calabria, and likewife of all 
 they could conquer in Sicily, and that Umfred on the other Hand, paid Homage to 
 the Holy See for thefe Lands, as Fiefs depending on it ; and that this was the firft 
 Inveifiture the Xormaiis had, as Iiiveges and others v. rite. 
 
 INDEED Malaterra^, ipeaking of the SubmiiTion and Refpedl the Normans 
 pay'd Leo at this Juncture, fays, That this Pope, as an Acknowledgment, Omnem 
 terrani, quara pervajerant, & quam iilternis 'verjus Calahriam, i3 Siciltam Incrart 
 pojfent de San5io Petro hcereditali Feudo fibi, & hxredibus futs pojfidendam concejfit. 
 But this was nothing elle but a Teftimony of his Friendfhip for the Normans, who 
 wanted nothing of him but to blefs their Arms, in order to jiifiiify all their future 
 Undertakings ; which the Normans, as being a religious People, defir'd at leaft, as 
 a Pretence to vindicate their Acquifitions, and have the Popes for their Friends, who 
 at that Time, by their Cenfures and Excommunications had become terrible to 
 Princes. Thefe were the Beginnings of our Papal Inveftitures, which afterwards 
 were bfought to Perfedlion by Nicbdlas II. by thofe Inveftitures he gave to Kcbcr't 
 Guifcard of the Dukedoms o^ Puglta and Calabria, and oi Sicily, as we /hall relate. 
 
 MEAN time the Normans having defeated Leo's Army, though they had treated 
 himfelf with fo much -Refpedl, and made him their Friend, thought fit not to flip Co 
 favourable an Opportunity of extending their Dominion, and carrying their Arms 
 further. They reffor'd nothing to the Pope of what he pretended to in Bene'vento , 
 for tho' Pandolphus 'Pr'mce of Bencvcnto, and Landolphus his Son, upon Leo's coming, 
 had been banifh'd that Cit}', neverthelcls after Leo's Defeat by the Normans, whom 
 they affifted in the Bitttel, they return'd anew to govern Beiieverito * ; and it was 
 not rul'd by the Church of Rome till many Years after, fo that the Exchange made 
 witli Henry, did not take Place at this Time, and their PolfefRon of it was more 
 owing to the Bounty of the Normans, tha'n to that Exchange ; for which we need 
 no better Teftimony than the antient Chronicle of the Dukes and Princes of Bene- 
 'vento, the Author of which was a Monk of the .Monaftery of St. Sophia in that 
 City, and it is preferv'd in the Archives of the Vatican, which the moft cafeful 
 Pellc^-'-nius caus'd to be printed, to whom it was fent from Rome by the Abbot 
 Conjt ant nuts Gaetaniis a Alonk of CaJJino, who had tranfcrib'd it from an antient 
 Ms. in the Vatican '. In this Chronicle * we read, that though Pandulphiis and 
 Landolphus his Scm, who govern'd Beuevento, were banifh'd on the coming of Leo, 
 neverthelefs 'tis fubjoin'd, that they return'd thither, and that Pandolphus aftet 
 having rcign'd many Years there, forfbok the World and turn'd .Monk in the fame 
 Monaftery of St. Sophia, leaving Landolphus his Son for SuccefTbr, who held the 
 Principality to his Death in the Year 1077. Whence we are clearly convinc'd that 
 the Exchange with Henry did not take Place ; bat if the Church of Rome acqiiir'd 
 
 ' Oftienf. lib. 2. cap. 87. 
 
 * Ma'ater. lib. i. cap. 14. Oft. loc. cit. 
 
 ' Malatcr. lib. 2. cap. 14. 
 
 *Chron. Due. Benev. apud F«ll. p. 266. Poft- 
 
 modflmaurerti reverf. funft in Benevcnttm. 
 
 * Pellegr. dc Chronica Diicum & Piiac. Ben. 
 pag. 262. Iilem inSrem. & alibi pluries. 
 
 * Chron num. 3. & 9. apud Pellegr. pag 266. 
 
 this
 
 4^6 The Civil History of Book IX. 
 
 this City afterwards, it was owing to the Bounty of the Normans ; as for the Right 
 (he had by Virtue of that Exchange made with Henry, it was given up, as (hall be 
 leen by and by. 
 
 THE Normans took care to make their Advantage of this Vidory, for they 
 llibjeftcd all Ptiglia to their Dominion, after Thirteen Years Wars, from the Time 
 they invaded it. They took from the Greeks, Troja, Bari, Trani, Veiwfa, Otranto, 
 Acerenza, and all the other Cities of this Province^ fo that Gulielmus Puglienfis might 
 well fay ; 
 
 jamqiie rehellis eis Urbs Appula nulla renianfit : 
 Omnes fc dedunt, aiit Ve£ligaliafolvunt. 
 
 FROM this time they were folely intent on the Conqueft of Calabria, as we 
 are now going to relate. 
 
 CHAP. IV. 
 
 The Conqtiejl of Calabria hy the Normans, ^ope Stephen oppofes 
 it j but he dying opportunely in Florence, all his Meafures 
 eisoere broke. 
 
 H E Eledion of a Succeffor to Leo IX. occafion'd new Diforders ir^ 
 Rome, and after that Church, by reafbn of oppofite Fadions, had 
 been a Year without a Head, at laft the famous Hildebrand, who had 
 come to Rome from the Monaftery of Clugny, and was made Sub- 
 Deacon of that Church, being a Man of exquifite Cunning, was 
 imploy'd to put an end to all thefe Difputes. The Romans not find- 
 ing a fit Perfbn in Rome to be Pope, fent Hildebrand to the Emperor in Germany, to 
 defire fuch a one as he, in the Name of the Clergy and People of Rome, fhould 
 pitch upon ; the Emperor conlented, upon which he demanded Geberardus Bilhop of 
 Eichfiat, whom we lately mention'd : Tho' much againft the Emperor's Inclination, 
 who was unwilling to part with him, Geberardus came to Rome, and being plac'd in 
 that See, was nam'd Vid^or II. '. He had no fooner mounted the Pontifical Throne, 
 than he prefently was of an Opinion, contrary to what he had while he was in 
 Germany, where he had oppos'd the Afliftance demanded by Leo, which, when Pope, 
 he heartily repented ; and if his Pontificate had not been fo very fhort, and his 
 Power greatly diminifli'd by the late Defeat, and that of the Normans increas'd, they 
 had found ViSior of the fame Mind with Leo. 
 
 BUT he died in Florence in the Year 1057, two Years after his Exaltation, and 
 Frederick Abbot of Monte Cajfino and Cardinal, was eleded in his Place, who took 
 Pofleflion of that See on the Feftival of St. Stephen, and therefore call'd himfelf 
 Stephen X. by fome, for Reafons formerly related, nam'd Stephen IX. He followed 
 the fame Footfteps with his Predeceflbrs. It has been obferv'd with Aftonifhment 
 by the careful Searchers into the Deeds of the Popes, that though their PredecelTors, 
 in order to fupport their Undertakings, had fuffered Death, Imprifonment and other 
 Calamities ; yet for all that, their Succeffors were not dctcrr'd from purfuing the 
 fame Meafures, but expos'd themfelves more obftinatcly to all Dangers and Per- 
 
 Oftienf. lib. 2. cap. S9. 
 
 fecution.
 
 Book IX. ?7j^ Kingdom 0/ N A P L E S. 437 
 
 fccution. They were perfuadcd that the Growth of the Ncniiaiis in thefe our 
 Provinces, was their Fall and Decay, as they had been jealous ot" the Lon^obards 
 when they became too powerful in I'.ily. Therefore the Popes charg'd the Nonnaiis 
 with aThouiiind Enormities, fuch as robbing of Churches, l<n'ing waftc Proviiices 
 and in fine, m;ide them to be hated by the Country People, that thereby they mioht 
 juftify their own Undertakings, and impofe them upon the World as Praife-worthv 
 And though they could not pretend to any Right of Sovereignty over thele Pro- 
 vinces, yet their Jealoufy oblig'd the Korvians^ who, before this, had none to 
 ftruggle with but the Emperors of the Eaft, from whom they wreiled thefe Pro- 
 vinces, now to be on their Guard againft the Popes, who, as if the Wron^^ had 
 been done to thcmfelves, vigoroully oppos'd their Defigns, and did their utmofl- to 
 put a Stop to their Progrefs. 
 
 FORMERLY, as may have been obferv'd in the Courfe of this Hillorv 
 •when the Popes were not fo powerful, they were wont to crave the Afiiftance of 
 foreign Princes, as in order to eypel the Louiobards, they had rccourfe to the French- 
 whereas now being grown more powerful by their temporal Dominion over Co many 
 States, when other Succours were at a great Diftance, and there were no Hopes of 
 getting any from the Emperor, and their own Dominions, were able enough to 
 furnifh them with Troops ; they afted by themfelves, and when thefe fail'd," they 
 had recourfe to fpiritual Arms and Excommunications, to which the Influence of 
 Religion had given fo much Vigour and Terror, that they were not only dreadful 
 to the People and Princes, but, which is furprizing, were formidable and frightful to 
 the very Officers and Soldiers, who, though for the moft part they were profligate 
 Men i and made no Scruple to lead wicked Lives, and rob their Neighbours with- 
 out minding that thereby they offended the divine Majefty, yet ftood in A we of 
 Ecclefiaftick Cenfures. 
 
 S'TEP HEN, upon his Advancement to the Papacy, prepar'd immediately to 
 drive the Normans out of Italy. He was defcended originally from the Dukes of 
 Lorram, and being of Royal Blood, refolv'd to fignalize his Pontificate with ^reat 
 and remarkable Adions. He had firft been made Chancellor of the Apoftolick 
 See by Leo IX. afterwards Abbot of Monte CaJ/iuo, and by Victor II. Cardinal. 
 Being now rais'd to the Papacy, he had a Mind, in Imitation of Leo, to expel the 
 Normans out of Italy ' j but being born for greater Things, prepar'd himfelf for a 
 more noble Undertaking. 
 
 THE Year before, which was 1056, Henry had died in Germany, and left a 
 Son Seven Years old, who afterwards fucceeded him in the Empire, likewife nam'd 
 Henry after his Father. There's great Confufion in the Number of thefe Henrys 
 amongft the German and Italian Writers. Henry the Black, by the Germans is call'd 
 III. and by the Italians II. not reckoning the other Henry, who was only Kin<^ of 
 Germany, but never Emperor. We fhall follow the Italians, and call the Succeflbr 
 of Henry the Black, Henry III. not IV. Henry died after having reign'd Seventeen 
 Years and Four Months. His Law s were colleded by Godalflus ^, and Cujaciiis has 
 recorded fome of them in his Fifth Book of Fiefs. 
 
 On account of the Minority of the Son, th? Emprels y^wej his Mother, took the 
 Government upon her. Stephen taking advantage of the Time, refolv'd to raife 
 Duke Godfrey his Brother, to the Imperial Throne, with a Defign to joyn his own 
 Forces with thofe of his Brother, in order to drive the Normans, whom he mortally 
 hated, the more eafily out of Italy. 
 
 BUT in the mean Time, thefe gallant Champions had made wonderful Progrefs 
 in Calabria, under the famous Robert Gttifiardy to whom Count Umfred his Brother, 
 had fent a good Body of Troops to be cmploy'd in the Conqueft of this Province K 
 After they had made themfelves Mafters of Melvito, by a cunning Stratagem of 
 Robert, they had extended their Limits further, and feon after added the Cities of 
 Bifignano, Cofenza and Martura to their Dominion. 
 
 NEITHER did the Death of Umfred, which happen'd about the Year 1056, 
 interrupt the Courfe of their Conquefts, but they rather went on at a greater Rate j 
 for f/w/red having left only two young. Sons, Bacelardus and Hermaniius, recom- 
 mended the Government of his Dominions to Robert his Brother, as he did alfe his 
 
 " Oftienf. lib. I. c. 96. &05 , ' Gul. Ap. lib. i. Roberto fratri Calabras 
 
 * Goldaft. torn. 5. pag. ;i : ' acquirere terras concedit. 
 
 5 X Children,
 
 4^8 The Civil History (f Book tX 
 
 Children, efpecially Barcelardus the Eldeft ; fo that Robert having fucceeded in tire 
 Count)- of Puglia, ftruck Terror in all the neighbouring Princes, nnore elpecially in 
 Pope Stephen, who hated him the more on that account. 
 
 BUT Stephen^ though he had Courage enough to undertake, yet he wanted 
 iPowcr, or rather Money, to drive the Nonjiaus out of Italy ; therefore all his 
 Thoughts were imploy'd how to fill his Coffers, and the Affair he was engag'd in, 
 put him upon too defperate and fcandalous Methods. He, who from Abbot of 
 Monte CaJJino, had been rais'd to the Chair of St. Peter, even now when he was Pope, 
 refolv'd to retain that Abbacy, nor would he allow of another to be choien in his 
 Room; fo that by a double Right, he difpos'd of that Monaltery at his own Will 
 and Pleafure *. By the many Oblations of the Faithful in thefe Times, in which theMonks 
 had fucceeded too well, they had amafs'd a vaft Treafure of Gold and Silver, which 
 they kept in this Monaftery with great Care and Circumfpedion : Stephen feeing he had 
 ijo other way for obtaining his End, refolv'd to have it in his Clutches, therefore he 
 prder'd the Overfeer to bring all the Treafure of Gold and Silver that was in the 
 Monaftery privately to Rome. He defign'd to carry it to ^ufcaiiy, where his Brother 
 Godfrey was, and impart his Defign to him, that they might return together to drive 
 the Normans out of Italy. One may eafily judge what Confternation the Monks 
 were in on the News of fo mifchievous an Order: With Lamentations and Tears 
 they endeavour'd to divert the Pope, but all in vain, fo that at lafl, being forc'd by 
 cruel Neceffity, they pack'd up the Treafure, and carried it to Rome. When the 
 Pope faw it, and at the fame Time obferv'd the Grief and Anguifh of the Monks 
 that brought it, ftruck with the Monftroufnefs of the Fad, and confcious of the 
 Heinoufnels of the Crime, heprefently repented his having demanded it, and fent it 
 back again ^ But fhortly after, having gone to ftffcany, where he ftopp'd in 
 Florence, he was fuddenly feiz'd with a Faintnefs, which in a few Days, put an end 
 to his Life in the Year 1058 ^. 
 
 SI'E P HE JV being dead, all his Defigns cvanifh'd, which fell out fo luckily for 
 the Normans, that having none other to hinder their Progrefs, they were foon in a 
 Condition to extend their Conquefts, not only in Calabria, but alfb over the Prin- 
 cipality of Capua, on an Occafion we fhall fhortly relate. 
 
 ' Oft. lib. 2. cap. 98. I ' Oftienf. lib. 2. cap. 100. 
 
 *OIl:ienf. lib. 2. cap. 99. ' 
 
 SECT. I. 
 
 Robert Guifcard is Proclaimed jirji Duke of PugUa, and Cakbria. 
 
 IN the mean Time, on the Death of Stephen, Rome was again involv'd in Con- 
 fufion and Diforders ; for Gregorio t^Alberico Count of Frefcati, and fomc other 
 Roman Lords, in the Night-time, with arm'd Force, plac'd John Bifhop of Velletri, 
 in the Holy Chair, who took the Name of Benedi^ ; but Peter Daman, a Man of 
 Worth (who a little before had been calfd from Erevio, and made Bifhop of Ofiia'^ 
 Y/ith the other Cardinals oppos'd this Election, and order 'd Matters fo, that Hilde- 
 Vrand in his W^ay from Germany, whither he had been fent by Stephen to the Emprcfs 
 y^gnes, hearing of thefe Difortfers, ftopp'd in Florence, and endeavour'd to bring 
 over the chief Romans from the oppofite Faftion, and with the Af^iftance of Duke 
 Goffredo Marquis of Tiifcany, manag'd Matters fo, that thofe Cardinals, who had 
 had no hand m the Eleftion of Benedict, met in Sienna, and elcded Gerardo Arch- 
 bifhop of Florence, Pope. The Emprefs Agnes, Mother of Henry, confirm 'd the 
 Eledion, and order'd Duke Goffredo to put Gerardo in Poffeffion, and expel Benedict, 
 •who voluntarily abdicated the Papacy ; whereupon Gerardo went to Rome, and was 
 acknowledg'd for lawful Pope, and nam'd Nicholas II. who fliortly after in the Year 
 IOJ9, held a Synod of 113 Bifhops, where Benedifl appear'd, ask'd Pardon, and 
 protefted that he had been compell'd to do what he had done. In this Council 
 Regulations were made concerning the Freedom of Eledions, on a Vacancy of the 
 See, and it was ordain'd, that the Cardinals fhould have the greateft Share in them ; 
 
 then
 
 Book IK. tbeKitiGtbuofNA?LES. ajo 
 
 then the Ele6tcd was to be dcclar'd to the Clergy and People, and Jaftlv the Con- 
 fen t of the Emperor was to be ask'd. 
 
 THESE Revolutions, which very frequently happened in Rme, and the many 
 Difordeis in the Court of €onfiatitiTicp/e, wonderfully contributed to' the Growth of 
 the Norntitns. They had nothing to fear from any Quarter ; for the Minority of 
 Henry ill. during the GoAxrnment of the Emprefs his Mother, made the Aflairs of 
 thele Our Provinces to be little minded. Conjlcmtinopk was all in Dilbrder and Con- 
 fufion, by rcafon of the Deatli of Ojufiantintis Alonomacbus, which fell out in the 
 Year 1054 ; for T'keodora Sifter of Zoe^ had fucceeded in the Empire, and (he dyino 
 a Year after, Michael Stratioticiis was put in her Room by the Officers of the 
 Palace ; but he became Monk afterwards, and voluntary renounc'd the Crown in 
 the Year 1057 ; fo that there arole new Fadions about the Eledion of a Succefibr 
 but that of Ifaac Comneiius being theftrongeft, in the Year 1058, he was proclaim'd 
 Emp>eror. 
 
 THE Normans therefore had a fair Opportunity for inlargiilg thtir Dominions^ 
 and thofe of Puglia under the renown'd Rol^ert Gui/'card, extended them almoft over 
 all Calabria. This Prince now Count of Puglia, was acknowledg'd, not as Tutor 
 to Bacelardo his Nephew, but,^according to Gtilielnms Apulicnfis ', as Sovereign 
 Lord. He appear'd not to be fatisfied on this Occafioh with the fimple Guardian- 
 Ihip, as indeed he fhew'd afterwards ; but pretended to fucceed to t/mfred., as Umfrcd 
 had fucceeded to his elder Brothers, and he had already appointed Koger his younger 
 Brother to fucceed himfelf, with whom he had fhar'd the Government, and there- 
 fore had created him Count. For this end he was wholly intent on driving the 
 Greeks out of the reft of CaLih-ia ; he took Cartati, and many other Places hi the 
 Neighbourhood, and at laft rtiarch'd his Army to Keggio, the head City of the 
 Province, and laid Siege to it. The Befieg'd not able to hold out long, furrender'd 
 it to Rolertj who now Mafter of Co famous and aritient a City, was no longer 
 fatisfied with the Title of Count, but with folemn Ceremony caus'd himfelf to be 
 proclaim'd Duke of Piiglia and Calabria. Leo Oftienfis "■ fays, that it was the Honour 
 of having taken Reggio, that gave Birth to this new Title. Citropalata writes, that 
 it was the carclefs and childifh Government of Michael VII. Emperor of the Greeks 
 that gave Rife to it ; but Pellegrijius ^ Ihews us, that Robert did it in Emulation of 
 the Greeks, and to pull down their Pride. In Bart they had made yir^inis Duke of 
 Puglia, though the greateft Part of it was at this Timfe fubject- to the Normans ; 
 for though the Greeks had loft \Vhole Provinces, yet they ftill retain'd the vain- 
 glorious Titles and Names ttf them, and often transferred them to crther Parts, as 
 they did with the Name of antient Calabria, which, as we have obferv'd in the 
 preceding Books, was no fboner in the Pofleilion of the Longobards, than they trans- 
 ferr'd the Name of Calabria to another Province, which at that Time was ftill 
 fubjedl to them. 
 
 THERE are various Oprinions about the Manner how Robert came by this 
 Title of Duke. Leo Bifhop of Oftia, feems to fay, That it was by an accidental- 
 Acclamation of the People ; but Ciiropalata fays, That the Lords and Barons of 
 Puglia his Vaffals, feeing that he had added Calabria to his Dominion of Piiglia^ 
 with common Confent agreed, that the Title of Duke fhould be given to Robert, 
 and referv'd to themfelvcs the Title of Counts over the Lands they Uid divided 
 amongft them ; which fhews us that Sigonius * is miftaken, who pretends, that Robert 
 being pufT'd up with Pride on his having taken Keggio in Calabria, and foon after, 
 ^roja in Puglia, fcorning the old Title of Count, of himfelf, and by His own Au- 
 thority, took the Title of Duke of PugUa and Calabria. 
 
 AUGUSI'lNUS INVEGES^ imagines, that the fame Ceremonies then us'd 
 in France at the Creation of a new Duke of Normandy, as they are defcrib'd by the 
 antient Writers of the Hiftory of the Normans, were pradis'd at the Creation of 
 this new Duke ; where 'tis faid, that the Archbifhop after fome Prayers, and the 
 Oath which the new Duke fwore to defend the People committed to him, and to 
 govern them with Juftice, Equity and Mercy, gave him the Ring, and afterwards 
 
 ' Gul. Appul. lib. 1. 
 
 * Oftienf. lib. ^.cap. i6. & ex tunc capit Dux 
 appcllari. 
 
 ^ Pellcgr.Caftigat. in Lup. Protofp. A. lof;. 
 '* Sigon. Hift. de Regn. Italis lib. 9. A. jcf 9. 
 
 4 
 
 Rhegio Calabria: oppido, & Troja Apulli capto 
 Superbus ultro le Uuccm Apulix atquc Calabria 
 appcliabat. 
 
 ' Inve. Annal. di Paler, par. j. A. 10/9. 
 
 girt
 
 440 
 
 The Civil History of 
 
 Book IX. 
 
 girt him with the Sword ; whence, fays he, 'tis very probable, that Guifcard the 
 Noniiau, being to be created Dulce of Pu^lia in Italy, made ufe of the lame Cere- 
 monies. Dukes had alio their particular Crowns, Caps of Maintenance, Mantles, and 
 their proper Titles. The Ducal Crown which they put above their Arms, as Scipio 
 MdZeHa defcribcs it ', was a Circle without Rays, or rather Points upwards, (which 
 bclong'd to Princes only) but in place of Points, they had ibme Pearls, and Jewels 
 fet round it. The Cap, which was the fecond Mark of a Duke, as Bartholomxtis 
 Qifpaieas ' defcribes it, was in the Form of a Hat, furrounded with a round Crown, 
 but not ftraight nor circular, iiich as Kings wear ; and Cajfaueus confeflbs he never 
 could find out the Origine of this Ducal Cap. Jnveges imagines the Ducal 
 Mantle to have been like that of the Archdukes of Auftria. as it's defcrib'd by 
 Gv.r.zz.i ', to wit, a Garment of different Colours, reaching down to the Feet, 
 trimm'd with Ermine. Duke Robert, in the Year 1059, ^ppear'd at publick Solem- 
 nities, drefs'd in this Manner with the Ducal Robes and Crown • whence in his 
 Charters and other Writs, he began to ufe this Title ; Egu Kcbertus Dux Apulix, 
 G Calabria. 
 
 ' Mr.zzel. defcriz. del. Reg. di Nap. p. 574. 
 ' Catlan. Catalog, glor. MunJ. part. i. concl. 
 
 5. pag. 3. 
 
 ' Guazz!, Hift- Moder. pag. 78. 
 
 CHAR V. 
 
 jTbe 'TrincipaUty of Capua being taken from the Longobards, came 
 under the Dominion of the Normans of Averfa. 
 
 H E Normans who were fettled in Averfa, as well as thofe of Puglia, 
 extended their Bounds over their Neighbouring Country. Richard 
 Count of Averfa, being now powerful, had a Defign upon the Prin- 
 cipality of Capua, invaded it, and laid clofe Siege to the City. At 
 this Time Pandolphiis V. govern'd Capua, who though for fbme time 
 he could have defended the City with his own Troops, yet Richard 
 ftraitning the Place flill more and more, he was forc'd to offer Seven thouland Crowns 
 of Gold, if he would raife the Siege ' ; which Richard then accepted of; but Pandol- 
 pbus V. was no fooner dead in the Year 1057. and fucceeded by Landulphus V. than 
 Richard invaded Capua anew, and befieg'd the City more clofely than before. The 
 Capuans offer'd another greater Sum for their Liberty : Richard would hear of no 
 Terms ; but that the City muft be furrender'd to him. It was a hard Matter to get 
 the Capuans to confent ; but at laft being reduc'dto Famine, and Landolphus yielding 
 and quitting the Principality, Richard was receiv'd and proclaim'd Prince this 
 Year 1058. 
 
 P^ICHARD, like Arechis, firfl Prince of Bcneveuto, would have himfelf 
 anointed with facred Oyl ', which Cuflom all the Norman Princes of Capua retain'd 
 afterwards '. And though it had been ftipulatcd in the Capitulation, that the 
 Capuans fhould have the keeping and guarding of the Gates and Towers of the City, 
 
 Ofl'enf. lib. 2. cap, 
 Oftienl" loc. cit- 
 
 16, 
 
 j ^ Pcllegr. in Stem 
 
 which 
 
 *
 
 Book IX. the Kingdom 0/ N A P L E S. 44 1 
 
 which this new Prince Richard wink'd at for the prefcnt, yet he relblv'd at another 
 more proper Time to deprive them ofchat Privilege likewife. In the mean time he 
 went to Moiitt' Cajfino^ where he was rece:\''d with great Solemnity by the Monks, 
 and return'd to Campania, wliich extends iclelt' as far as the River Sele, and in the 
 Space of three Months conquer'd the whole Pro\ ince ; from thence he return'd td 
 Capua, and having conven'd all the Nobility, he fet forth to them, that it was very 
 reafbnable the Gates and Towers of the City fhould be dcli\er'd up to him ; but 
 the Capuaus obftinately refufing to com.pl)', in great \\ rath he left the City, laid 
 cloft Siege to it anew, and reduc'd them to Famine. 
 
 I N the mean time the Citizens fcnt their Archbilhop to Germany to leek Afliftance 
 from the Jimperor Henry, but this Prince not being in a Condition to mind thefe 
 our Provinces, difmifs'd him with great Promifes and fair Words, which were never 
 perform'd. The Capuans then being left without all Hopes, and able to refift no 
 longer, iiirrender'd the Towers, Gates, Thcmlelves, and all their Effeds to the 
 Difcretion and Mercy o{ Richard. Thus in the Year 1062, the Capuans, after having 
 bravely defended themielves for the Space of ten Years againft the Power of their 
 Enemies, lolt the Principality of Capua, v.'hich became fubjedt to the Normans ', 
 firft under Prince Richard, who was defcendcd o^ Afclcttmv.s, afterwards under the 
 other Succeflbrs of the fame Race, and at laft it came under the Dominion of thofe 
 other gallant Normans of the Blood of ^ancred Count of Hauteville, as we fhall fee 
 in the following Book. 'J'herefore the Miftake of Sigonius ' is unpardonal.le, who 
 reckon'd this Richard to be the Brother of Robert Giiijcard, as if from this Time 
 the Principality of Capua had come under the Dominion of the Normans oi Puglia 
 to the Sons of Count Tancred. 
 
 THUS ended the Dominion of the Longobards in the Principality of Capua^ 
 •which from Atenulphus, in an uninterrupted Series of many Years, had continu'd 
 till it was quite cxtinguifh'd in the Perlbn of Landulphus V. a moft unfortunate 
 Prince, who, befides his being forc'd to delert his Dominion, faw, to his greac 
 Grief and Affliction, the many Children he had begotten, reduc'd to a needy and 
 wandering Life, in the very Country where he had reign'd. And the Abbot Deji- 
 derius ' in his Dialogues relates, that in his Time, he had feen many Sons of Lan- 
 dulphus going about as Vagabonds and Exiles, begging Bread to fiipport tr^eir 
 miferable Lives ; which he look'd upon as a Punifhment for the Wickednels and 
 Cruelty of that moft wretched Prince Pandulphus IV. of whom they were delcended. 
 Whence it may be gather'd, that the Blood of the Longobard Princes was not quite 
 cxtinguifh'd in the Principality of Capua ; for befides that there ftill remain'd Ibme 
 Counts of the Race of y^tenulphis, whofeDefcendants for fome Time, werediftindly 
 known in Ibme Families by the Fiefs they poflefs'd ; there were likewife remaining the 
 Sons of Landulphus, who, becaufe of their extreme Mifery and Poverty, as we may 
 realbnably believe, have been the Forefathers of Mechanicks, Labourers, and other 
 Handycrafts-men, Ibme of whom, though not known, may be amongll us to this 
 Day : Which we ought to take for a Warning of the Inconftancy and Changeable- 
 nels of Worldly Things, and not be puffed up on account of the Noblenels of our 
 Pedigree above others, who, tho' they cannot make it appear, yet perhaps are 
 defcended of more noble and illuftrious Blood than ourfelves. Seneca relates an In- 
 ftanceof the like nature to his Lucilius ^, that after the Defeat of iJi^r;«j's Army, 
 many born of great Parentage and noble Blood, as well Knights as Senators, upon 
 the Overthrow of Marius's Fadtion, were reduc'd to fo abjedt Conditions, that fome 
 became Shepherds, others Ploughmen, and liv'd in Cottages. 
 
 IN the following Book, to which we refer the Ecclefiaftical Polity of this 
 eleventh Century, we fhall fee the gallant Normans, after having thus vanquifli'd 
 the Greeks in Puglia and Calabria, and the Longobards in the Principality of Capua, 
 proceeding triumphantly in the Conqueft of the other Provinces, till they eftablifh 
 a great and flourifhing Kingdom. 
 
 • Oaienf. lib 5. cap. i6. j ' Defid. Dial. lib. f . Pellegr. in Stem. 
 
 * bigoa. lib. 9. A. 10^9 I * Seiiec. ad Lucil. Epift. 47- 
 
 ; y THE
 
 C 443 ] 
 
 THE 
 
 CIVIL HISTORY 
 
 Of the Kingdom of 
 
 N A p L 
 
 s. 
 
 BOOK X. 
 
 U K E Robert, not allowing Bacelardus his Nephew to fuc- 
 ceed in his Father's Dominions, govern'd the Dukedoms 
 oi Piiglia and Calabria, not as Tutor, but as his own In- 
 heritance, and in order to extend his Dominion the better 
 over the other Provinces, and to lecurc the Conquefts he 
 had made, with all Submiflion, he endeavour'd to cul- 
 tivate the Pope's Friendfliip, being taught io to do by the 
 Behaviour of Leo; io that by having him on his Side, 
 he might juftify his Undertakings, and render them 
 Praile-worthy in the Eye of the World, without the 
 Blemifh of Ufurpation. On the other Hand the Popes 
 being now grown more terrible to Princes on account of their Excommunications, 
 flipp'd no Opportunity of taking Advantage of the Opinion that prevail'd every 
 where of their Superiority and Power. For which realon the Papal In\eftitures 
 were more firmly eftablifh'd among us in the Pontificate of A'ichohis >ll. to which a 
 Revolt that happen'd in Puglia at the fame Time, when Duke Kcbcrt was triumph- 
 ing in Calabria, contributed not a little. 
 
 BACELARDUS taking in ill Part that his Uncle Robert hd^d depriv'd him of 
 the Succeflion to his Paternal Dominions, made heavy Complaints, which lb mov'd 
 the Companion of many of the Inhabitants of Piigl/j, that chty openly revolted and 
 aflfaultcd fomc Places of that Province. But Robert's Vigilance loon put a Scop to 
 their ill-conceried Defigns ; for having attack'd them all on a liiddeu, he loon reduc'd 
 thofe Places that had revolted, and ftifled the Rebellion ; and without halting, 
 march'd to the furthefl Parts of the Capitav.ata, where the Creeks were itill in Pol- 
 
 feflion
 
 4^4 ^^^^ Civil History of Book X. 
 
 feflion of fome Places, which he furpriz'd, and amongft the reft took the City of 
 1'roja, which the Greeks had built fome Years before, and made the chief City of 
 this Province. 
 
 THE Conqueft of the City ofl'roja rouz'd the Pope ; for the Roman Pontiffs in 
 thofe Days pretended, that this City belong'd to them by a fpecial Right, in the 
 fame manner as i?fHeT;fK?o '. Bat all Authors are filent as to the way how they 
 came by this fpecial Right ; for, according to the Authority of Leo Opeufis % which 
 we have already related, this City was in the Greek Dominions, which in the Year 
 1 022 they had built from the Foundation, under the Catapanus Bejamis^ and gave 
 it the Name of I'roja, in Memory of the famous City of that Name in the leffer 
 Phrygia^ of which they reckon'd this a Colony. 
 
 AND tho' when Henry came into Italy with that formidable Army, he laid Siege 
 to that City, as the {ame Leo ' relates, and forc'd the 'Trojans to furrender to him -, 
 yet he pardon'd them at that Time **, and return 'd to Germany ; neither do we read 
 that he made a Prefent of it to the Church o( Rome, as he did of fienevento. But 
 however that may be, Nicholas II. who, conftantly treading in the Footfteps of his 
 Predeceflbrs, was jealous of this Progreft of Robert, under pretence that this City 
 belong'd to the Apoftolick See, gave him to underftand that he muft reftore it 
 to him. The Normans had no mind bafely to part with what they had conquer 'd 
 from the Greeks with their Arms, and fo much Fatigue and Labour ; fo that Robert, 
 little minding the Demand of the Pope, march'd back towards Calabria. 
 
 NICHOLAS II. was not in a Condition to march an Army againft him, as 
 Leo had done ; and the AfRftance he could expeft from the Emperor of the Weft 
 was at a great Diftance, and thefe Emperors began now to withdraw the 
 Refped: they were wont to have for the Popes, and to have an Averfion for 
 them, becaufe they di(puted their Right in the Election of Popes, and Inveftiturcs 
 of other Benefices which they had hitherto been in PofTefTion of Neither could 
 Nicholas expedt AfTiftancc from the neighbouring Longohard Princes ; for the Prin- 
 cipality of Capua was in the Pofleflion of the Normans ; the Power of the Prince of 
 Salerno was very inconfiderable ; and that of the Prince of Benevento lefs to be 
 depended on. There was nothing to be expedted from the Greeks, who were 
 implacable Enemies of the Popes, on account of the famous Schifm betwixt thefo 
 two Churches, which had now taken fuch deep Root, that it had quite alienated 
 the Greeks from the Latins. 
 
 NICHOLAS II. then had no other Game to play but to have rccourfe to 
 Spiritual Arms and Excommunications. The Popes had already begun to employ 
 them againft Princes, as we have feen in the preceding Books ; yet they had then 
 been made ufo of for Reafons which they at leaft belicv'd to be more juftifiable, 
 and often on account of Religion, and their abominable Herefies ; they alfo made 
 ufe of them for breaking Confederacies which Chriftian Princes frequently enter'd 
 into with the infidel Saracens, as fohn VIII. did againft the Neapolitans and Araal- 
 phitans, for which he had a fpecious Pretext of Piety and Religion. But afterwards, 
 as it ufually happens, that good Things are often put to a bad ufo, they began to 
 ufe them indifferently, either for worldly Ends, or to gratify fome Prince, but 
 chiefly to preferve and increafe the Temporal Riches of the Church. Thus we have 
 feen the Beneventans treated becaufe they would not open the Gates of their City to 
 the Emperor Henry, who got Clement II. to excommunicate them, and afterwards 
 carried him to Germany with him as one of his Courtiers. 
 
 AS in the primitive Church the Prelates minded only Spiritual Matters, fo they 
 made no ufe of Excommunications but againft Hereticks, or for the Corredtion of 
 publick Sinners ; the chief Defign of them was againft thofe who had imbib'd wrong 
 Notions with regard to Religion, who, after many Admonitions, if they did not 
 acknowledge their Errors, were feparated from the Church : And in the fecond 
 Place, in order to avoid Scandal, they were employ 'd againft publick Sinners. And 
 they had no other Effe(5t, but to deprive them of the Sacraments and other Spiritual 
 Things which the Church beftow'd on the Faithful. But afterwards, and efpecially 
 in thefe Times, the Spiritual Care was abated in the Prelates j and on the contrary, 
 the Avarice of Temporal Riches increas'd in the Ecclefiartick State, fo that as Ex- 
 
 ' Frecciade Subfeud. lib. 8. Spcctali quudam I ' Idem eod. loc. cap. 39. 
 jure fibi vindicec, ficut Bencventum. I " V. Baron. A. JOiz. 
 
 * Ofticni". Jib. 1. cap. 40. ' 
 
 communications
 
 Book X. the K 1 N G vo m of K A P L E S. aa< 
 
 communications were formerly made ufe of only for the Corrcdion of piiblick 
 Sinners, and againft Hereticks, they were now more frequently iifed, not only in 
 the pcft'nce, but likewife in Recovery of the Temporal Poneflions, if perchance 
 thro' the Negledl of their PredecclTbrs the\- had been loft. 
 
 B U T it would have been to no purpoie to have made ufe of thefe Arms if at 
 the fime lirac they had not made the People believe, that in whatever manne'r they 
 Vscrc fulminated, if the Goods were !iot reftor'd, the PolTeiTors were irrecoverably 
 damn'd, which they imputed more to the Cenfure than the Sin. And in order to 
 make them more terrible, they had found xMeans to introduce a new Dodlrine that 
 the Excommunicated were not only render'd unworthy of what the Church beftow'd 
 on the Faithful, which was the true Effect of Excommunication, but likewiie that it 
 unmann'd, defim'd, and render'd them abominable ; that they ought to be fhunn'd 
 as infcdcd with the Plague, and depriv'd of Civil Society and Commerce ; and 
 leveral Papal Decretals were made for rendering them incapable of makin" Wills 
 Contracts, to fue at Law, adopt, or do any other legal Ad: ; they could exercife 
 no Office in the State, and a thoufand other Things, of which perhaps we fliall have 
 occafion to treat more at large elfewhcre. 
 
 'TIS incredible with what Terror and Dread thefe Cenfures affedcd the Minds 
 not only of the common People, but thofe of higher Rank, yea Princes themfelves j 
 and it was truly matter of Altonifhment, that the Officers and Soldiers, Men other- 
 wife addided to all \\'ickcdnefs, and without the Fear of God, and who did not 
 ftand in awe to offend Him by robbing their Neighbours, yet were fb over-aw'd by 
 the Dread of Excommunication, that they guarded the Goods of the Church with 
 great Refped ; and in thefe Times there was nofurer way of preferving one's worldly 
 Goods, than by putting them under the Keeping and Protedion of the Apoftolick 
 See. 
 
 FROM this (as we have obferv'd elfewhere) a large Field was open'd for aug- 
 menting the Temporal PoflefTions of the Church ; for many People unable to pre- 
 ferve their Effeds from being feiz'd by Force, a Thing too common by the De- 
 pravity of the Age, were induc'd to make them over to the Church, on Condition 
 that they fhould ftill be Mafters of their Eftates, and hold them of the Church in 
 Fief for a fmall Acknowledgment ; for in thefe Times it was the Cuftom to convert 
 Freeholds into Fiefs, by refigning them to the Prince who had given the Inveftiture. 
 And of this fort of Fief^ call'd O'ohita^ there's mention made in our Feodal Books, 
 and Ctijacius treats of them at large. This fecur'd Eftates, as being under the Pro- 
 tedion and dired Dominion of the Church, which had recourfe to her Cenfures in 
 cafe they were invaded ; by this the Church had a prodigious Advantage, for tho* 
 fhe receiv'd nothing during the Life of the Poffeffor but a fmall Quit-Rent, yet 
 when the Male-Iffue of the Feudatories fail'd, which often happen'd in thefe Times 
 by reafon of the continual Wars, and popular Seditions, the Eftates fell to the 
 Church. 
 
 THE Normans were no lefs terrified and over-aw'd by thefe Cenflires than others ; 
 for having but lately cmbrac'd the Catholick Religion, which they had in great 
 "Veneration, as their frequent Pilgrimages to the moft noted holy Places both in the 
 Eaft and W^eft demonftrated, and being greater Votaries of the Apoftolick See than 
 any other Nation, as we have fcen by their Behaviour to Pope Leo ; they were very 
 unwilling to expofc themfelves to thefe terrible Thunder-bolts. Nicholas II. 
 encourag'd by this, rcfblv'd to try them, and thinking to obtain by the Cenfures, 
 what Leo could not do with Armies, he fblemnly excommunicated Robert and his 
 Normans. 
 
 HOW^EVER thefe Thunder-bolts were thrown in vain; for the A^or;;M;/j as 
 well as they, knew very well how to keep what they had acquir'd with fo much 
 Labour and Danger, and they thought it would be the Height of Bafenefs to yield 
 what they were in Poffeffion of by fo mvichToil; whatever Refped they had for the 
 Popes and the Apoftolick See, yet when the Queftion was to part with what they 
 had got, they took Example from the Popes themfelves, and were not eafily per- 
 fuaded to do it ; and tho' they dreaded the Cenfures thunder'd out againft them, 
 yet not to that Degree as to part with what they had taken, becaufc they rcckon'd 
 the Cenfures unjuftly pronounc'd againft them. 
 
 S Z MATTERS
 
 A^6 Th CivilHistoryo/ Book I. 
 
 MATTERS then being brought to this pafs, that neither Side was in a State 
 of Tranquillity, both came to think ferioufly how to extricate themfclves from fb 
 much Diftruft and Anguilh of Mind, by means of an Agreement that might be for 
 their mutual Advantage. 
 
 R0BER1' confider'd with himfelf, that tho' he was fure he could not be forc'd 
 to quit his Conquefts by the Power of the Popes, yet it was not convenient to have 
 them for Enemies ; for tho' as Matters now ftood, they could get no Afliftance 
 from the Emperors of the Weft, nor other neighbouring Princes, yet he had been 
 taught by long Experience, that as Opportunity (hould offer, they would not fail 
 to give him Difturbance i and that the greateft Rubs his Nation had met with, had 
 been more owing to the Popes than the Greeks. The Cenfiires, yea rather the 
 Misfortunes they had often brought upon other Princes, much terrified him, left 
 they might occafion a Revolt amongft the People, and efpecially thofe oiPiiglia, 
 who were terribly afraid of them, and not as yet well fettled ; that his Conquefts were 
 but lately made in foreign Countries, where he ftood more in need of Friends than 
 Enemies ; that the Party for his Nephew Bacelardus might be ftrengthen'd by 
 getting Encouragement from the Popes, who were ready to take Advantage of all 
 Opportunities, the rather, becaufe they were of Opinion that he himfelf was an 
 Ulurper : In fine, he faw it neceflary for him to have the Pope on his Side, not 
 only on account of what he had already acquir'd, but much more for what^he had 
 as yet to conquer in the other Provinces, that by the Authority the Popes had 
 afTum'd, he might be confirm'd in the PofTeffion of what he hop'd to conquer. 
 
 ON the other hand the Pope confider'd, that the Normans did not mind Excom- 
 munication J that they were a People who would part with nothing willingly ; that 
 neither the Power of the Church, nor the neighbouring Princes was able to 
 conftrain them, and no Succours were to be expected from the Emperors of the 
 Weft, who were at Variance with the Popes on account of their Election and the 
 Invcflitures ; and tho' Nicholas in a Council held a little before in Koine^ had found 
 Means to fatisfy Henry, yet Matters were like to come to an open Rupture betwixt 
 him and the Romans ; that in order to be able to maintain the Caufc of the Clergy, 
 the People of Rome, and the Popes, againft the Emperor, it behov'd him to pitch 
 upon fbme powerful and gallant Prince, who henceforward might be able to fupport 
 them, becaufe otherwife all their Defigns would come to nothing ; that he could 
 pitch upon none fitter than Robert, who with his Forces would be able to op- 
 pofe him effedually, and to reftore that Prerogative to the Church of Rome, which 
 the Emperors had ufiirp'd : In fine, that there might be a way found out of recon- 
 ciling Robert to the Apoftolick See, whereby it would rather reap Advantage than 
 Detriment. 
 
 ON thefe Confiderations both Parties were difpos'd by means of a Reconcilia- 
 tion to put an End to all Debates, and to reftore Peace. Robert refolv'd to be 
 before-hand with the Pope, and having retir'd to Calabria, fent him an Ambaffador 
 with generous Offers 1:0 fatisfy him in whatever he defir'd, and for that End invited 
 him to an Interview, with which he affur'd him he would have good reafon to be 
 plcas'd. 
 
 THE Pope, who defir'd no better, and which likewife anf\ver'd his Ends, was 
 very well pleas'd, and accepted the Propofal ; he having refolv'd before to hold a 
 Council for reforming in fome meafure the abominable Manners of the Eccle- 
 fiafticks, fent him Word, that he had appointed this Council to be held in Melphis, 
 where he refolv'd to be in Perfon, and where they two being met together fhould 
 adjuft all Differences to their mutual Satisfaftion. 
 
 T H E Corruption of Manners in the Ecclefiaftick State in thefe Times was ex- 
 celTive ; for laying afide all Shame, they did not fcruple to keep Concubines pub- 
 lickly in their Houfes, as alfo the Children born of them, as Peter Damian with 
 Grief relates. Nicholas made fbme Canons in the Roman Council againft fuch Concu- 
 binage ; but in thefe our Provinces this Vice had got fuch Footing, that neither 
 Bifhop, Prieft, Deacon, yea nor the very meaneft of the Clergy wanted their Con- 
 cubines ; therefore Ar/<r/7oto this Year 1059 held a Council in x.h&C\ty of Melphis, 
 wherein he condemn'd and detefted that vile Cuftom, by impofing f^vere Punifh- 
 ment on the Fornicators, and he likewife depos'd the Bifhop of T'ram. But for all 
 that, this wicked Pradice could not be rooted out : it appear'd next to impofTible to 
 get the Priefts to leave it off, whence, in the Councils held fince, we fee nothing Co 
 
 much
 
 Book X. //:?? K I N G D o M 0/ N A P L E S. 447 
 
 much inculcated, as to hnve the Priefts to wean thcmichfc? from it, but always to no 
 purpole; ibr the Ufe of Concubines was fo publick in thefe our Provinces, and the 
 Number of them lo great, that they pretended Exemption from Secular Judicatories, 
 and that they were not liable to the Penalties appointed by Secular Princes againft 
 Concubin.ige ; that feeing they belong'd to Prielb, they ought to enjoy the fame 
 Privilege with them. And 'tis furprizing, that Charles II. oi Anjou^ in his Time 
 Jhould ordain, that the Concubines of Priefts fliould not be liable to forfeit the 
 fourth Part of their Goods, as other Seculars were, tho' he did not think fit to 
 exempt them from Secular Judicatories, a Privilege which the Priefts claim'd. 
 
 THE Pope then being at the Council in Afclpbis, the famous Rdert arriv'd in 
 that City accompanied with Prince Kic.banl, and all the Ncrwan Nobility ; after 
 great Rejoicings and Entertainments, they came to the main Point. 
 
 THE Ncrm.ms, for the greater Security of their Dominions, got the Popes 
 ingag'd to defend them, particularly againft the Emperors, from whom they had taken 
 thera : Puglia and Calabria were not contraverted, having been taken from the 
 Emperors of the Eaft, and not from the Popes, who had no manner of Title to 
 them. On the other hand, the Emperors of the Weft pretended, that what the 
 Normans poflels'd in thele our Provinces, they held it of them in Fief, having been in- 
 verted in it by Henry II. and that asVaffals they ought to acknowledge them for their 
 Sovereigns ; that Richard, who had robb'd Landulphiis of the Principality oi Capua 
 ought to be reckon'd their Vaflal, in the fame manner as the Longobard Princes of 
 Capua his Predeceftbrs were, that Principality being fubjed: to the Emperors of the 
 Weft as Kings of Italy ; they pretended the fame Right over the Principalities of 
 Benevento and Salerno, which Robert intended to invade. The Popes then were 
 to engage themfelves againft thofe two powerful Enemies, whofe Dominions were 
 the fubjed Matter of this Treaty. 
 
 THEREFORE a Method was thought on, that would turn to both their 
 Adv^antages. As we have faid, there had been already a Cuftom introduc'd, that 
 for the better Prefervation of Eftates, the Owners made them over to the Church 
 of Koine, paid a fmall Acknowledgement, declar'd themfelves Vaffals, and fwore 
 Fealty. In thefe Contradls all the Advantage was on the Pope's Side, for they 
 gave nothing away ; on the contrary, befides the Oath of Fealty and Quit-Rent, in 
 cafe of Failure of lawful and Male-Iffue, the Eftates devolv'd to the Church, and it 
 was in the Pope's Power to inveft others. Neither People nor Princes were at pains 
 to inquire into this Right of Inveftiture, and by what Authority the Popes aftum'd 
 a Power to create Dukes and Counts, and oblige them to fwear Fealty to them j it 
 was fufficient to them if they were proteded by Excommunications, which were (6 
 much dreaded, that their Enemies abftain'd from making War upon them in order 
 to avoid the Cenfures of the Church. Befides they likewife faw the Popes were 
 come to that pitch of Greatnels, that they arrogated to themfelves the Power of 
 abfolving Vaflals from their Oaths, and likewife of dcpofing Emperors, and the 
 greateft Alonarchs in the W^orld j fo that they were the leis furpriz'd at their giving 
 the Titles of Counts and Dukes, when they prefum'd to make the very Emperors of 
 the Weft, and to transfer the Empire from one Nation to another. 
 
 BUT to fancy or imagine that Popes had not only a Power to give Inveftiture, 
 and take Oaths of Fealty for thofe Lands that were made over to them, but alfo to 
 do the fame with refped: to Provinces and Kingdoms not as yet conquer'd, is ftill 
 more aftonifhing. As for thofe who were preparing to make fuch Conquefts, it was 
 an eafy matter to perfuade them of it, becaufe they found their account in it, which 
 not only encourag'd them in the Undertaking, but likewife fecur'd them in the 
 future Conquefts, becaufe if the former Poffeffors after the Conqueft, fhould 
 endeavour to recover their Right, they were fure to be expos'd to the Thunder-bolts 
 of the Church. 
 
 IT was no hard Thing then to make an Agreement, when the Parties had nothing 
 in view but to rob their Neighbours of their Rights, and to make their Advantage 
 by the Bargain. There was no occafion to mention the Dominions taken from the 
 Greeks and Longobards in the Agreement. Prince Bacelardus who had been robb'd 
 by his Uncle, was not regarded in it ; Prince Landulphtis who had been expell'd Capua, 
 was as little minded ; but both Parties having an Eye to their own Intcreft and 
 Defigns, the Agreement was concluded in this manner ; That Ro^fr^ and his A'^^-- 
 tnaus fhould be abfolv'd from all Cenfures ^ that the Dukedoms of Puglta and Cala- 
 bria
 
 ^48 'The Civil History of Book X. 
 
 Iria (hould be confirm'd to liim ; and bcfides, when he fliali drive the Greeks and 
 Sa>-jC£iis, who poSTcrs'd the urcareft Part of Sic/ly, out of that Ifland, the Pope 
 fhould give him the Inveftiture of it with the Title of Duke ; and in fine, that the 
 Principality of Capua {hould be confirm'd to Richard, who had ufurp'd it from 
 LiVidnlphas. 
 
 ON the other hand it was agreed, that Robert and Richard, and their Succenbrs, 
 fbouM put themfelves under the Protedlion of the Pope, who confirm'd to them 
 the poUeflion of all the Dominions they had in Italy, and of Sic/ly when they fhould 
 conquer it from the Saracens ; therefore they fwore an Oath of Fealty as Feuditorics 
 of the Holy See, to which Robert was oblig'd to pay yearly Twelve-pence of Pavia 
 for each Yoke of Oxen, as Leo Ofticvfis relates ' ; and Fr. J'nlomeo of Lucca adds, 
 that this annual Tribute was not fo much as demanded by the Pope, but that Robert 
 oblig'd himftlf to pay it of his own Free- \\ ill. 
 
 THIS Agreement was fettled in Melpbis in the Year 1059, and tho' {bme have 
 written that it was likewife confirm'd in the Council held in this City ; nevtrthelels it 
 not being an Aifair that conccrn'd the Council, which was only convened for reform- 
 ing^ the Manners of Ecclefiafticks, others have not ventur'd to fay it, but only that 
 while the Pope was at this Council in Melpbis, he receiv'd the Oath of Fealty from 
 the Krniians, and gave the Inveftiture. However that may be, 'tis moft certain, 
 the Treaty was very faithfully perform'd on both Sides ; and Robert took the Oath 
 of Fealty, which Barovius fays he found in a Book in the Vatican cail'd Lil er Cen- 
 fi'jun, in which the Form of the Oath which Robert fworc to the Pope is recorded : 
 it begins thus ; Ego Robertus Dei Gratia, t? S. Petri, Dux Apuliae £5" Calabriae, atque 
 v.troque fulveniente fiituriis Sicilije. Sigonius obferves, that the Pope did not confirm 
 him Duke with the French Ceremonies us'd by the Dukes of Ncrriiandy, as already 
 related, to wit, by putting the Ring on his Finger, the Cap on his Head, and 
 girding him with the Sword ; but after the Italian manner, by putting the Standard 
 in his Right Hand, which made him Standard-bearer of the Holy Church ; whence 
 Guifcard from this Y'ear began to ufe this Ducal Title ; Dux Apulis, Calabriae, 
 ^ futurus Sicilias. 
 
 SOME alfo fay, that Robert at this Time reftor'd the Cities of Beuevento and 
 ^rcja to the Pope, but without any Foundation of Truth j for at this Time the 
 City of Beiwceiito was in the Poflefiion of Landulpbus its Prince, and Paudulphus 
 his Son, who had been now reftor'd to their Principality, as the Cotemporary 
 Author of the Chronicle of the Dukes and Princes of Beuevento relates -, and it was 
 not reftor'd to the Church of Rojiie by Robert till long after, when he had van- 
 quifti'd the Longobard Princes who held that Principality, and expell'd them their 
 Dominions, as ftiall ftiortly be told. Neither is there any mention made in grave 
 and ancient \\'riters of the Reftitution of T'roja to the Pope, feeing there is no 
 Evidence that the Popes could ever have had any Right to it ; for a few Years after 
 the Greeks had built it, the Normans took it from them ; and what confirms this 
 the more, is, that at this Day we find Bene-vento only in the Pofleflion of the Church 
 of Rome, but we read no where, that ever "Troja was under her Dominion. 
 
 THIS is the Foundation of the Right which the Popes pretend to have over the 
 Kingdoms of Naples and Sicily ; a Foundation tho' in thole Times weak and totter- 
 ing, neverthelefs in procefs of time being grown more firm and fix'd, by the Cunning 
 of the Succeftbrs of Nicholas II. it was able to fupport fuch great and lofty Buildings, 
 th.at the Popes came to difpofc of thele Kingdoms at their Pleafure, and to transfer 
 them from one Nation to another, as may be obferv'd in the Courfe of this Hiftory. 
 THEY owe this Advantage, and this fo confiderable a Part of their Temporal 
 Grandeur to the Normans, who, in order to engage them in their Defence, particu- 
 larly againft the Emperors of the Eaft, who could plead that a great Part of what 
 thefe Conquerors had made themfelves Mafters of, belong 'd to them, or that 
 they held it in Fief of the Emperors of the Weft, from whom they had formerly got 
 Inveftiture, did not fcruple to declare themfelves Vaflal;; of the Popes, that none 
 might pretend to make War againft them, without expofing themfelves to the Cen- 
 fures of the Church. 
 
 ' Oftienf. lib. ;. cap. 16. Hfl'dcm quoque 
 dicbus, &: RicharJo Principarum Capuanum, 
 & Roberto Ducarum Apulix- &: Calabrix-, atque 
 Sicilia: coiifirmavir, cum Sacrameiiro, fideiirats 
 
 Romans; Ecclcfix abels primo recepta, ncc non 
 Invcftirione ccnfus per flngulos annos, pet 
 fingula bouni paris, denarios duodecim. 
 
 THESE
 
 Book X. the Kingdom of NAPLES. ^^,0 
 
 THESE were the firft Seeds, which being afterwards cultivated with skilful 
 Hands, in procels of Time, took fuch deep Roots, and from whence Ipriino- fuch lofty 
 Plants, that at laft the Kingdom of Sicfly was reckoned the ipecial Patrimony o( 
 St. Peter^ and a Fief of the Ronuni Apoltolick See. Whence our Writers believed 
 that the Church of Koaie had invefted the Normans therewith, as bein" her Patri- 
 mony, for which Ibme quore the Donation of Coufiantiiie the Great^ fome that of 
 Pcpiu and Gjj.rks the Grect^ and others thofc of other Emperors of the W'eft 
 Tliefe Writers continued in this Darkneis through their Ignorance of Hiftory till 
 Mdnuus Trcccia ', by the Light thereof, difcover'd the Cheat, and let the World fee 
 that thefc Inveflitures were grounded on nothing but Cufcom. And fpeakin" of 
 this Inveftiture of A'/6"Z?o/iZj 11. and of others that follow'd afterwards, he did not 
 fcruple to fay, Ecclefui iwn ckdit, fed accepit ; non traiiftulit^ fed ah alio occupatum 
 recepit i he pity'd his Kinlman Matteo degli Afflitti^ who wrote, that Confiantme the 
 Great, gave tliis Kingdom to the Church, and laid, Ajfiiiis mens hijioricits non eft 
 atidttii percepit, Scc. 
 
 THIS firft Inveftiture, with refped to the Perfon of Rclert, comprehended 
 Only the Dukedoms of Puglia and Calabria, as Giilielmus Piiglienfis fings ^ 
 
 Robertum donat Nicolaus honore Diicali. 
 Undefbi Calaber conceffits S yjppidiis omnis. 
 
 And as to Richard, the Principality of Capua only. But it was couch'd in 
 filch a Manner, that it might be interpreted to extend to all the other Provinces 
 which as yet had not been fubjefted by the Norinaus : Robert was likewife invefted 
 with Sicily, that was as yet to be taken from the Greeks and Saracens, who were in 
 Pofleflion of it. The fame ought certainly to be underftood with refpedl to the 
 Principalities of Salerno, Benevento, Amalphis, Naples, Bar/, Gaeta, and all that 
 now makes up the Kingdom, as the Event prov'd ; for they were no fboner conquer'd 
 by the Normans, and the Greeks and Longobard Princes intirely expell'd, than the 
 Popps gave the Inveftiture of them, with all the Pleafure imaginable, becaufe 
 bcfides, that it coft them nothing, they found their account in it, more than the 
 Normans themlelves. 
 
 O N the other hand, the Normans were eafily catch'd, for they faw the Ad- 
 vantages, which we have already taken Notice of, but were not aware of the Con- 
 fequences, and excepting the Imall Acknowledgement of Quit-rent, the Sovereignty- 
 was lodg'd in them, and they govern'd their Dominions with a free and abfblute Sway, 
 as fupreme and independent, and reckon'd themfelves rather Tributaries, than real 
 Feudatories of the Apoftolick See ; for in thofe Times, the Word Liegc-man was not 
 taken in the fame Senle, as it is now by our Feudifts, but denoted a fort of Con- 
 federacy and League, when the Inferior, by fwearing Fealty, oblig'd himfelf to 
 affift the Superior in his Wars, or to pay him a certain yearly Tribute or Quit-rent '. 
 The fame was pradtis'd among Princes themfelves, witnefs Robert Count of Namur, 
 to Edzvard III. King of England'^ ; the Duke of Guelder, to Charles King of France, 
 and Philip of Valois King of France, to Alphonfns King of Cafiile '. 
 
 THIS Cuftom was more frequent with refped: to the Popes, on the forefaid 
 account. The Kings of England oblig'd themfelves to pay Tribute to the Apoftolick 
 See, which was exafted from that Kingdom, till the Reign of Henry VIII. and was 
 call'd St. Peter s Pence ; yea, there was not a Prince in Europe, who did not fubject 
 their Kingdoms to pay Tribute to the Church of Rome; fbthat Ctijacius fpeaking of 
 this Cuftom, w hich was become very frequent in thofe Times, laid, Es* qui non Reges 
 dim ? The Popes at firft were fitisfied with the Quit-rent only, in order to make the 
 Yokefeem eafy ; but in procels of Time, made a Handle of it, to pave the Way to 
 greater Pretenfions, w hich they cunningly trump'd up, as occafion offer'd, as (halt 
 appear in theCourfe of this Hiftory. 
 
 ' Frecciade Subfeud. lib. I . pag. 5-3, i '' FrolTard. hid. lib. i. cap. 14. 
 
 ^ Gul. Apul. lib. 2. 5 V.Bodin. dcRepubl. lib. 1. 
 
 ' V. Pratejum lex jurifdlc 1 
 
 6 A CHAP.
 
 45' 
 
 The Civil History 0} 
 
 Book X. 
 
 a£^:r^&Q:S^O^ 
 
 CHAP. I. 
 
 The T)ukedom of Bari fnhjeCied hy the Normans. 
 
 F T E R this Interview, which prov'd to the Satisfadion of both 
 Parties, the Popereturn'd to Kome^ and Robert to Calabria, in order 
 to reduce fome other Towns that were as yet in the PofTefrion of the 
 Greeks, of which he foon made himlelf Mafter ; and perceiving that 
 Count Roger his Brother, had behav'd himfelf with extraordinary- 
 Courage in thefe Expeditions, he left him in Calabria to compleat the 
 Conqueft thereof, which he did moft gallantly, and he himfelf in the mean time went to 
 Piiglia, and contriv'd means how both to fecure and inlarge his Conquefts. 
 
 FOR this End he refolv'd to make the Longobard Princes his Allies, by marrying 
 one of their Daughters, and finding that the Prince oi Salerno was the molt powerful, 
 he fent AmbaflTadors to dfitlpbiisU. who had fucceeded Guaimarus IV. his Father 
 in that Principalii)-, to defire his Sifter in Marriage. Although the Match was 
 honourable, yet Gtfulpbiis made Ibme Difficulty in it, as knowing it was the Genius 
 of that Nation, to catch at all Advantages, and befides that it might be of dangerous 
 Confequence, becaufe at the fame time that he fought his Sifter, his Wife Alverada 
 •was ftill alive, by whom he had a Son the famous Boemoudiis. But he gave him to 
 underftand that he had divorc'd her, becaufe fhe was his near Kinfwoman, which at 
 that Time was thought would not be difpens'd with by the Pope, as being rarely 
 pradis'd : Gtjulphus durft not give him a Denial, for fear of breaking with him ; 
 whereupon he gave him his eldeft Sifter, nam'd Stcelgaita '. At the lame time he 
 gave another Sifter in marriage, nam'd GaidelgrirthJ, to another Norman Prince, and 
 gave him for Portion with her, Nola, Marig/iano, Paliiia, Sarno and fome other 
 neighbouring Places, which had never been fubjed: to the Princes of Capua, but 
 to thofe of Salerno ^ This was Giordano I. Son of Richard Count of Averfa, who, 
 after having taken the Principality of Capua from Landolphus, the laft of the Longo- 
 hard Princes, had made Giordano his Son Prince of it. He had alio made him Duke 
 of Gaeta, as he himlelf was ; not but Gaeta had likewife its own particular Dukes 
 under thefe two Princes, to wit, Goffredo, or Lojfredo Ridello, in the Year 1072, and 
 others ; but they were ib call'd, juft as Pandolpbiis was faid to be Count of Capuay 
 to whom Pope John VIII. had given it, though Docibilis was Duke of it, who was 
 lubjedt to Pandolphus, as Goffredo was at this Time to the Norman Princes of Capua. 
 
 MEAN -whWt Robert let out on the bold Expedition xnto Sicily \ and after 
 having, with his Brother Roger, made many Conqucfts there, which fhall be related 
 in a more proper Place, he return'd to Calabria with his new Spoufe, and feeing the 
 Greeks were ftill in Polfeflion of Bari, Otranto, and Ibme other Places of antient 
 Calabria, he bent all his Thoughts on driving them out of that Corner, and efpecially 
 out of Bari, where they had alfembled all their Forces. 
 
 BUT before he let out for this Expedition, he was oblig'd to fupprefs a new 
 Confpiracy, which Goffredo and Gocelino, two confiderable Norman Cavaliers had 
 hatch'd, under pretence of reftoring Bacclardus the Son of Umfred, to the County 
 of Piiglia, which Robert had robb'd him of As foon as this noble Champion was 
 appriz'd of it, he furpriz'd the Confpirators, imprilbn'd and punilh'd many of them 
 
 ' Ofticnf. lib. :;. cap. \6. 
 ' Pell, ill Steinin. 
 
 ^ Oib'enf. loc. cit. 
 
 w!th
 
 Book X. //v K I N G D o M 0/ N A P L E S. 452 
 
 with the utmoft Rigour, and put the reft to flight : Goceliiio rctir'd to Coujiamiuople 
 for Shelter amongft the Greeks, and Gcffredo fied to a Caftlc ; and the unfortunate 
 Prince Bacelardns run to Ban, from whence Ibme time after, he went to Couftan- 
 tihcpk to be?; Afllftanceof the Emperor Coiijfaiitintts Ducas, who in the Year 1060 
 had fucceedcd Jfdcitis. 
 
 B AK I had hitherto maintain'd itfelf under the Dominion of the Emperors of 
 the Eaft, and as Head of that Province, likewife continu'd to be the Seat of the 
 chief <7;cT/..-;.' .Magiftrates, for at this Time the Emperors of Coiijiantinople had rais'd 
 it to be the MetropoUs of a new Principality, call'd the Principality of Bart ; ic 
 was formerly a Dukedom, and the Greeks had made Argiriis Duke of it, and, accord- 
 ing to their wonted Vanity, call'd it the Dukedom of Italy. They had drawn 
 together all their Forces into this City, as the Place of greateft Defence; wherefore 
 it w-as the Source of Sedition againft the Kornian Princes for many Years, and a 
 fafe Shelter for the Seditious ; which made Robert for a long Time confider how he 
 might befiege it. 
 
 BUT the Barefians were no fooner appriz'd of the Defigns of this Prince, than 
 they fent to Conjlantinopleto acquaint, the Emperor, who being ijjurr'd on by Goceliuo, 
 immediately fent a new C^r^/ifi/Vj/j-, Stephanus Patera?it!s, or, as he's call'd, Sebaftopho- 
 riis, to defend the City. This new Catapamis being come to Bari, refolv'd to 
 make a ftrong Defence ; in the mean time Robert aflemblcd his Army, and not 
 thinking it fufficient for the Siege of this Capital, he over-rtH^ the neighbourino- 
 Places, and ere he march'd to Bari, fat down before Otraiito, which he harrafs'd fb 
 much, that he oblig'd it to furrendcr ' ; thereafter having order 'd many Ships to 
 come from Calabria, he reinfbrc'd his Army with a good Body of Troops, and at 
 laltin the Year 1067, laid clofe Siege to Bari, both by Sea and Land ^ This Siege 
 was very remarkable, where there were many glorious Adlions performed on both 
 Sides, which the Defign of my Work obliges me to pais over, and I do, it the more 
 willingly, feeing there are not wanting \\Titers, who give account of them at 
 large K 
 
 ACCORDING to Gnliehmi.s Puglienfis "*, and Leo Ofiienfis ', this Siege lafted 
 little lefs than four Years, and the Place was attack'd and defended with extreme 
 Valour and equal Courage. The new Catapanus made an obftinate and gallant 
 Defence, and the Befiegers, intrepid and bold Attacks ; and this Enterprize of the 
 Norif/aris would have prov'd unfucceisful, if RoL'crt's Army had not been reinforc'd 
 by his Brother Roger, who having made himfelf Maffer of a good Part of S/eily 
 fent him another Army to his Affiflance. At laft Robert overcame the Obftinacy 
 of the Beficged, and oblig'd them tofurrender that moft important Place ; for in the 
 Month of Apnl in the Year 1070, the Gates were open'd, and they yielded at 
 Difcretion. Duke Robert made his Entry into the City, and treated the Barefians 
 with all Humanity : He valued the Catapanus, and left it to his Choice, either to 
 remain in Ban with his Greeks, and lerve him, or to return to Conftantiuople, which 
 lafl he embrac'd ; and after Robert had fpent many Days in Bari in publick Fcaffings 
 and Rejoycings, he imbark'd, and with a Fleet of 58 Ships, lail'd for Sicily in 
 order to befiege Palermo ^. 
 
 THUS did the famous Robert conquer Bari, a City that had fo long maintain'd 
 itfelf under the Dominion of the Greeks, and by various Turns of Fortune, fbme- 
 tlmes taken, fometimes re-taken, was now for the laft Time difmembred from their 
 Empire, though the Greeks afterwards attempted to recover it, but in vain, for 
 Robert kept Poffeflion of it, and tranimittcd it to his Pofterity. And thus did the 
 Dukedom of Bart pafs from the Greeks to the Normans under Robert, who created 
 a new Duke to govern it. And thus by degrees the Way was pav'd to the Union of 
 thefe Provinces under one fingie Perlon, which was happily complested by Roger, 
 who had the Glory to wear the united Crowns of the Kingdoms of Sicily and 
 Puglia. 
 
 Beari!. hift. di Bari, lib. 2. ] '' Gul. Appul. lib- 2. 
 
 Oftienf. loc. cit. J ' Malatcr. lib. 2. cap. 42. 
 
 Goffredus Malateira lib. 2 cap. 4;. ' * Gul. Ap. lib. 2. Lupus Protolp 
 
 CHAP.
 
 451 
 
 I'be Civil History of 
 
 Book X. 
 
 
 
 CHAP. II. 
 
 The Conqueji of Sicily hy the Normans. 
 
 N the mean time Pope Nicholas II. died in Florence in the beginning of 
 July in the Year 1061, whofe Pontificate had laftcd two Years and a 
 Half ', and the wonted Diforders and Tumults happen'd in Korae 
 about the Eleftion of his Succeflbr. The famous Hildebrmid, in 
 order to quiet them, joyn'd with the Cardinals and Koman Nobility, 
 and after three Months, eleded theBiftiop o( Lucca, a Native of the 
 Milaneze, who took the Name of Alexander II. The Emperor, who had not been 
 ronfulted in the Eledion, being much offended, caus'd the Bifhop of Parma his 
 Chancellor, to be eledted Pope, whom they nam'd Honortns II. in oppofitionto AleX' 
 ander ; and moreover, fent him to Rome with a good Army, to drive out his Rival. 
 ^\' hereupon the Jars betwixt the Popes and the Emperors of the Weft, broke out 
 into open War and Fadions, and each of them ftrove to increafe his Party. Some 
 of the greateft Prelates of the Church, and the moft renown'd Divines of that Age 
 were of the Emperor's Party, and fupported his Caufe ; but the intrepid Hildebrand^ 
 with unheard-of Boldnefs and Vigour, oppos'd them all ; and when the Archbifhop 
 of Colo^n check'd Alexander, for daring to take the Papacy upon him, without the 
 Confeiit of the Emperor, contrary to what had been formerly pradis'd • told him 
 to his Face, That to ask the Emperor's Confent, was a damnable and moft corrupt 
 Cuftom, and contrary to the Canons of the Church ; that neither the Pope, nor 
 the Bifhops, nor the Cardinals, nor the Archdeacons, nor any Perfons whatlbever, 
 ouohc to comply therewith ; that the Apoftolick See was free, and fubje<5t to none ; 
 thAt Nicholas 11. had aded the Part of a Fool, and the Church ought not to lofe its 
 Dignity through any Man's Folly ; and that lb great an Indignity, as to allow the 
 Kinosof Germany to make Popes, was by no means to be born with. 
 
 THEREFORE the Quarrels increas'd, and they became more exafperated 
 a<^ainft one another, but by the Cunning and Adlivity of Hildebrand, Alexander s 
 Party grew ftrongeft, and that of llonorms was deprefs'd, who, the fime Year that 
 he had intruded into the Papacy, was depos'd, and condemn'd in the Council of 
 Mar.U'.a ■, but for all that, he never parted with the Pontifical Badges. 
 
 DURING the Pontificate of Alexander II. by realbnof the Agreement made 
 a little before with his Predeceflbr, there was no occafion of Difpute betwixt him 
 and the Norman Princes ; on the contrar)', Alexander confirm'd to Robert what 
 Nicholas II. had granted him, and whilft Roger was making Preparation for the Ex- 
 pedition into Sicily, he fent him a Standard for the Conqueft of it ; it being at that 
 Time the Cuftom, as Baronius relates', that when the Popes had a Mind to en- 
 counige any Chriltian Prince to conquer a new Kingdom, they fent him a Standard, 
 and declared him Standard-Beartr of the Holy Ciiurch. But at the lame time that 
 the i\crmans were paying all Refpcdt to the Apoftolick See, they Icrv'd their own 
 Intereft ; in the mean time they did not negledl to leave Monuments of their Piety 
 and Bounty towards the Churches, and particularly to the Monaftery oi Monte Cajfmo, 
 while the Abbot Defidcniis go\ern'd it, Richard "Pr'mce of Capua, made lb large and 
 noble Donations, tJiat Leo OJiicnfis and Pttrtis Diaconus relate, there never were 
 
 Ufl'eiif. lib. 5. cap. 21. 
 
 Baron. A. k66. num- 2 
 
 better
 
 Book X. ?/^^ K I N G D o M 0/ N A P L E S. 45^ 
 
 better and more agreeable Times for thefe Monks '. This Prince, befides many 
 Caftles and Places in the Neighbourhood of that Monaftery, gave it the Caftle of 
 ^eramo, which, by the Rebellion of its Count, had been formerly forfeited /«?c«h£/«;« 
 Longohardortim kgem^ as he fays in his Charter, related by P. Abbot of N'oce *. He 
 gave it many other Churches, for Churches then were Matter of Traff.ck, and amoncft 
 the reft the Church of Caleua, fituated in Gargauo near the City Vefli ; for accord- 
 ing to the Divifion made in Melphis^ Stponto with Moiite Gargano fell to Richard's 
 Share. Therefore the Abbot Dejlderius, tho' of Longohard Hxtradion, adhered to 
 the Normans^ and was their Dependent, and feem'd no ways unealy at the Depref^ 
 fion of the Longobard Princes, tho' formerly he had (hewn himfelf to be of different 
 Sentiments with refpeft to his Nation. 
 
 BUT this ^r'mct Richard, hearing what Progre{s the Normaus defcended from 
 Mattered o( Hauteville, had made in Puglia and Calabria, and what they were now 
 making in Sicily, thought it would be reckon'd want of Courage in him if he did not 
 follow their Example: Spurr'd on by this Refleftion, and not content with the Prin- 
 cipality of Capua, which he had taken from Pandidphtis, he relblv'd upon greater 
 and more noble Undertakings. He defign'd to take Advantage of the Jars which 
 had arifen betwixt the Pope and the Emperor Henry for the Reafons above related, 
 and therefore, without any Scruple, invaded Campania di Roma, and advanc'd near 
 to Rome icfelf, in order to get the Start of Henry, who intended to go to that City 
 to receive the Imperial Crown from the Hands of the Pope '. When he was in the 
 Neighbourhood ofRo?ne, he us'd all Means pofUble to get the Dignity of Patriciate 
 from the Romans, which was then in the greateft Efteem, and wont to be the next 
 Step to the Empire ; but Henry being appriz'd of it, in all hafte march'd to Italy 
 ■with a great Army, and was join'd by Goffreclo Marquifs of I'l'.fcany. The Normans 
 knowing themfclves to be inferior in Force, were oblig'd to give over the Under- 
 taking, and retire out of Campania ; and after fome Skirmifhes, at laft, by the Inter- 
 pofition of the Pope, Richard made up Matters with Goffredo, and return'd to 
 Capua. 
 
 THE Pope foon after having been invited by the Abbot Defiderius to confecrate 
 the Church of Monte Cajfino, which he had magnificently rebuilt, went thither with 
 Hildehrand and many Cardinals, where he perform'd the Function with folemn Cere- 
 mony and Magnificence, at which ten of our Archbi(hops, and 43 Bifhops aflifted. 
 And for making it the more fplendid, he alio invited all our Princes, as well Norman 
 as Longobard, who poffefs'd thefe Provinces, as alfo the Dukes of Naples and 
 Sorrento. Gifulphus Prince oi Salerno, with his Brothers, and Richard Prince of 
 Capua, with Giordajio his Son, and Raimilphus his Brother, went thither ; but what 
 is worth our oblerving, and much to our Purpofe is, that Landnlphus Prince of 
 Benevento was prcfent at this Solemnity, as Leo Oftienfis, an Eye-Witnefs, and at 
 that Time Library-Keeper of Monte Cafino, relates, which confirms what the 
 Anonymous Beneventan wrote in the Chronicle of the Dukes and Princes of Bene- 
 'vento, that Landnlphus was reftor'd to the Principality of Benevento, and that it 
 was long after that the Principality became extindt, when the City devolv'd to the 
 Pope, and the reft of it to the Normans. Scrgius Duke of Naples, and another 
 Sergius Duke of Sorrento, were likewife prefent; for Sorrento was difmember'd from 
 the Dukedom of Naples, to which it formerly was fubjedl, as Amalphis had been 
 long betore ; and thefe two Dukedoms were govern'd after the manner of Repub- 
 licks by their Dukes and Confuls, tho' they depended on the Greek Empire •*, and 
 Amalphis had been fubjedled to the Princes of ^^^/^rHo. There were prelent likewife 
 the Coxxnts of Mar fi, and many other Barons both Lo?;^^^^?-^ and Norman, of which 
 at this Time there was a great Number in thefe Provinces. 
 
 ONLY the famous Duke Rcj^er? was not there. He with his Brother Roger 
 was in Sicily, wholly intent on the Siege of Salerno. Maniaces with the Afllftance of 
 the Normans had in a great meafure reftor'd this Ifland, which had fallen under 
 the Yoke of the Saracens, to the Empire of the Eaft^ but after the Normans were 
 difbblig'd, and Maniaces was fucceedcd by Governors not equal to the Charge, it had 
 been retaken by the Saracens, who had driven the Greeks out of all the ftrong Places, 
 except Mefina j but at laft in the Year 1058, they were forc'd to abandon that City, 
 
 ' Oftienf. lib. :?. cap. 17. & 18. I * V. Carol. Borrcl. in vindic. Neap. Nobll. 
 
 ^ Al)b. de Noce ad Oftienf. lib. 5. cap. i3. I Peregrin, in Campaii. circa fin. 
 ' Oftienf. lib. 3. cap. zy. I 
 
 6 B a^d
 
 454 ^^^ Civil History of Book X.. 
 
 and leave the whole Ifland to the Difcretion and Power of thefe Infidels. Rohert 
 Giitfcard with his younger Brother Roger invaded it, and after having fubdu'd almolt 
 all the chief Cities, had only Palermo, the ftrongeft and principal City of the Ifland to 
 conquer, and on which the Saracens laid their whole Strels ; but thefe two gallant 
 Champions laid fo dole Siege to it, that in lefs than five Months the Saracens were 
 forc'd to furrender it to Robert, who with his Brother Roger made their Entry into the 
 City with the infinite Acclamations of the People. As foon as Robert had conquer'd 
 Palermo, in order to gain the Affedion of the Saracens, he left it to their Choice, 
 cither to turn Chriftians, or to continue in their Mahometan Religion. It was at 
 this Time that Robert invefted ' Roger his Brother with all this Ifland, and 
 created him Count of Sicily, for by his Prowefs and excellent Conduft he had 
 acquir'd it He rctain'd to himfelf the half oi Palermo, of the Valley of Demona, 
 and of Mejfwa ; and having left his Brother in Sicily, he return'd to Puglia, and 
 ftopp'd in Melphis '. Hence 'tis clear, that Roger did not feek Inveftiture from the 
 Pope, becaufe he held it of his Brother Robert. 
 
 THUS thefe two Princes, the one reigning in Puglia with the Title of Duke, 
 the other in Sicily with that of Count, fl:ruck Terror into all their Neighbours. 
 Some have believ'd, becaufe Robert invefted his Brother Roger with Sicily, who 
 acknowledg'd that he held his Dominion and Title of Count of Sicily of him, that 
 therefore this Ifland was fubjed to the Dukes oi Puglia ; and that the Royal Title 
 of King of Sicily, which Roger afterwards got from Anacletus the Antipope, and 
 which was confirm'd to him by Innocent II. as we fliall relate, was meant of this our 
 Kingdom, which was call'd the Kingdom oi Puglia, and not of the Ifland of Sicily ^. 
 Others on the contrary, fuch as Jnveges *, fay, that this our Kingdom was fubjedt to 
 the Ifland of Sicily. 
 
 BUT from what we have faid, and much more from what we fliall obferve, it will 
 appear, that the Kingdom oi Puglia was neither fubjed to that of Sicily, nor Sicily 
 to Puglia, for each of them had its own particular Laws, and was govern'd by its 
 proper Officers. 'Tis true indeed, when we confider that the Normans made them- 
 selves Mafters of this Ifland, after they had conquer'd Puglia and Calabria, it may 
 feem probable that it was reckon 'd as an Acccflion to thefe Dukedoms, and confe- 
 quently fubjed to the Dukes of Puglia ; but feeing Robert refided in Puglia, and Roger 
 in Sicily, and govern'd thofe two States independently of one another, it cannot be 
 faid poOtively that the one was fubjedt to the other. And tho' when Robert died, 
 Roger fucceeded him in the Dukedoms of Puglia and Calabria, and fix'd his 
 Royal Seat in Palermo, where the Norman Kings his SucceflTors alio had theirs, yet 
 for all that the Kingdom of Puglia was not fubjedt to that of Sicily, but both were 
 govern'd as two diftinft Kingdoms, and neither of them reputed a Province of the 
 other, which we fliall make clear in the Progrefs of this Hiftory. 
 
 MEAN while Robert return'd to Melphis, and was receiv'd with Acclamations 
 
 and Rejoicings by all the Barons of Puglia and Calabria, who congratulated him as 
 
 their Sovereign on his Conquefl of Palermo '. Only Peter the Son of the Count of 
 
 G^rani would never pay him that Refpeft, but affed:ed an intire Independency, and 
 
 therefore had refufed him Affiftance for the Expedition of Sicily *. Robert therefore 
 
 taking this in ill-part, order'd him to deliver up the City of^rani, and Ibme other 
 
 Towns fubjeft to him ; but Peter boldly refus'd to comply, which was the Caufe 
 
 of his Ruin, for I'rani yfias befieg'd and foon taken ; the other Towns that depended 
 
 on him, fuch as Bifceglia, ^uarato and GiovenaZZo had the fame Fate. However 
 
 Peter retir'd to Andria, where he might have defended himfelf long enough ; but 
 
 wanting Provifions, and going into the Country with a ftrong Guard in order to get 
 
 fome, he was fo unlucky as to be taken in his Return, by the Duke's Soldiers. 
 
 Robert feeing him brought thus low, us'd him with all Tendernefs and Humanity, 
 
 and obliging him only to take an Oath of Fealty, he generoufly reftor'd all he had 
 
 taken from him excepting Trani. 
 
 ' Oftienf. lib. 5. cap \6. Sicque fratrem 
 Rogcrium de tota inveftiens infula, & medie- 
 tatem Panormi, & Demons, ac Meilanae fibi 
 rcdncns 
 
 ' Malaterra, lib. z. cap. 4. V. Fazzel. 
 hift. Sicul. 
 
 ' Tutino de Conteftabili del Regno. 
 
 * Inveges Iftor. di Palermo, torn. 2. 
 » Gul. Appul. lib. ?. 
 
 * Idem. 
 
 Dux Petro fufpeftus erar, quiaprorfuseunti. , 
 Ad iines Stculos vires adhibere negarac. 
 
 IN
 
 Book X. 
 
 ^Z'f K I N G D o M 0/ N A P L E S. 
 
 45) 
 
 IN the mean time Alexander \\. died in the Month of April m the Year 1073 
 who, while he was Pope had led a fblitary and private Life, and had committed the 
 Government of the Holy See to the famous Hildeirand ; who, without mindin<» the 
 Emperor, immediately conven'd the Clergy and People oi Konie in order to eledt a 
 Succeffor ; and the fame Day that Alcsander died, he himfelf was procjaim'd Pope. 
 Hildebrand defir'd the Emperor Henry to confirm his Eleftion ; but this Prince took 
 Ibme time to confider of it, and fent Count Eberard to Rome to take Information 
 in what manner fuch a precipitate Eledtion had been made. Htldehrand fo much 
 carefs'd the Count, that he induc'd him to write in his Favour; and H^'wrj feeing 
 it would be to no purpofe to oppofe an Elediion already made, becaufe Hildelraud 
 was more powerful in Kome than he, confented to it. So he was ordain'd Prieft 
 and afterwards Bifliop o( Kotne, in the Month of June of the fame Year 1073, and 
 at his Ordination took the Name oi Gregory VII. 
 
 
 CHAP. III. 
 
 Robert conquers the 'Prhidpalkks of Salerno and Amalphis. 
 
 5 ^RT' after having fubdu'd Skih, refolv'd prefently to add the 
 other Provinces that remain'd in our Countiy to his Dominions ; and 
 by a lucky Opportunity, which we fhall relate, he was fuccefsful in 
 the Conqueft of the Principality of Salerno from his Kinfman 
 Gtfulphus. 
 
 THE Ainalphitans, as we have faid, having fallen under the Dominion of 
 Guaimarus Prince of Salerno, had found his Government too fevere, and in order to 
 ihake off the Yoke, had invaded the City, and together with the other Confpirators 
 near the Sea-fhore, cruelly murder'd him ; but they were fupprefs'd by Guido his 
 Brother, who, in the Space of five Days after the Tumults, recovcr'd the City, and 
 reftor'd it to to Gtfulphus his Nephew, the Son of Guaimarus. But for all that 
 Gtfulphus treated the Amalpbitans much more harfhly than his Father had done, 
 therefore they refolv'd to have recourfe to Duke Robert, that he would be pleas'd 
 to intercede for them with his Kinfman, to ufe them with fbme Humanity and 
 Tendernefs. The Duke being mov'd with Compaflion, fent Ambafladors to 
 Gtfulphus, begging him to forbear to treat the Amalpbitans after fo cruel a manner ,"• 
 but the Prince looking upon this Interceflion as an impertinent Rcmonftrance, 
 receiv'd the Ambaffadors very coldly ; and feeking an occafion to pick a Quarrel, 
 pretended that the Coaft from Salerno to the Port of ivtro belong'd to him j and 
 likewife declared, that he would have Areco and San£fa Euphemia reftor'd to his 
 Dominion, of which the Duke had made himfelf Mafter. Robert at firft cndea- 
 vour'd to gain his Kinfman by fair Means ; and to accommodate Matters amicably ' ; 
 but Gtfulphus refus'd to treat at any rate, perhaps trufting to the AfTillance he 
 expe<5ted from Richard Prince of Capua, who had efpous'd his Intereft, and was 
 then at Variance with Robert Guifcard ; who, that he might not have two Enemies 
 to contend with, adjufted Matters privately with Richard, and having made him 
 very advantageous Offers, perfuaded him to be on his Side againft the Prince of 
 Salerno '. He likewife made a particular Treaty with the Atualpbttans, and took 
 them under his Protedion, and having put a Garrifon into their City, prepar'd to 
 
 ' Malat. lib. 5. cap. 2. 
 
 * Gul. Appul. lib. ;. 
 
 lay
 
 456 The Civil History of Book X. 
 
 lay Siege to the City of Salerno with his own Troops, and thofe of the Prince 
 of dpi! a. 
 
 ALL thofc who had the Intereft ot Gifulpbus at Heart, counfell'd him to ward 
 off the Blow ; and Gregory VIL who lov'd him as his Son, and Defiderius his great 
 Triend, ad\'is'd him not to break with Robert ' ; but he being obftinate did not liften 
 to them. However Defiderius did not defift, but knowing that Robert had already 
 befiecr'd Salerno, he ingag'd Prince Richard to go with him in order to foften Giful- 
 fbus ; but all to no purpofe : On the contrary, he could not forbear declaring, out 
 of an ill-grounded Pride, that he did not value the Duke's Friendfhip a Rufh, 
 and renounced it for ever. 
 
 ROBERT being highly offended, laid afide all fair Means, and befieg'd that 
 Citv fo clofely, that at the End of five Months it wasreduc'd to the utmoftNeceffity. 
 Thofe who commanded the Place, perceiving they could hold it no longer, thought 
 on their own Security ^ One of the chief Perfons in the Place was Bacelardus Son 
 of Umfred, who, after having in vain expedled AfTiftancc from the Emperor of 
 Cnnflantirwple, had return'd into Pttglia, and us'd all Means to be reveng'd of his 
 Uncle ; but being afraid that if he fhould fall into his Hands, he would ufe him 
 with the utmoft Severity, he fled in the Night-time to Saiijhjerino, in the Neigh- 
 bourhood, where he was receiv'd. The Duke wrote to Count Roger to come with 
 all hade from Sicily to befiege Sanfeverino, whilft he fliould put an End to the Siege 
 c£ Salerno. But hefoon made himfelf Mafter of the Place, for the Walls of the City 
 were {o batter'd down, that the Inhabitants came to invite Robert to enter at the 
 largeft Breach, to prevent the Misfortune to which a Place taken by Affault was 
 liable. However Gifulpbus did not furrender for all that, but defended himlelf in 
 the Citadel ; but being furioudy attack 'd by Robert, he was forc'd at laft to (hew as 
 much SubmilTion, as formerly he had fhewn Pride ; he yielded himfelf to the 
 Clemency of the Vidtor, and of all Favours begg'd that of his Liberty, which was 
 granted him ; and having firft retir'd to Monte CaJJino, he afterwards put himfelf 
 under the Protection of Pope Gregory VIL who afTign'd him fome Villages in Cam- 
 fania di Roma to live in ; neverthelefs he continu'd to take the Title of Prince of 
 Salerno, and Duke of Pitglia and Calabria, as his Father Guaimanis had done, but 
 not o£ Sicily, as by a Miftake we read in the Pedigree of the Princes of Salerno 
 written by Pellegrimis. 
 
 THE Duke caus'd Salerno to be fortified anew, and march'd againft Bacelardus 
 to prevent his fortifying himfelf in Sanfeverino. In a fhort time he join'd his Brother 
 Rrger, who had already attack'd the Place 3 fb that being more clofely befieg'd, it 
 was oblig'd to capitulate ; which made Bacelardus and his Brother Hermanus 
 refolve to retire again to Confiantinople, where thcfe unfortunate Princes fpent the 
 reft of their Days in great Mifery, and where after many Years they died. 
 
 THUS in the Year 1075, according to the Anonymous Cajfmenfis, Fr. Tclomeo 
 
 of Lticca, and Camillus Pelkgrimts, was the Principality of Salerno united to the 
 
 Dukedoms of Pw^//^, Calabria and Sicily, under the famous Duke Robert, who alfo 
 
 being Mafter of Amalphis, threaten'd likewife to fubdue what remain'd of thefe 
 
 Provinces to his Dominion. And thus were the Longobard Princes extinguifh'd in 
 
 Salerno ; but that Nation was not quite extirpated ; there were ftill many Families of 
 
 Longobard Extradl, both in the Principality of Capua, and in the neighbouring 
 
 Countries ^. There ftill remain'd Guainiarus Count of Capaccio, Pandulphus Count 
 
 of Ccrneto, Jordamts Lord of Caftello, Corueto del Cilento Nephew of Prince Guai^ 
 
 imrus, Aftolphus Son of Count Gifulpbus, Romualdus Son of Peter Count of Ate- 
 
 iiulfo, Caftelmannus Son of Count Adelferius, Berevgarius Son of Count Alphanus, 
 
 John and Landulphus Sons of Count Adeniarus, I'urnam'd the Red, John Son of 
 
 Count Guainiarus, Gloriofus Son of Count Pandulphus, who were ftill alive in the 
 
 Years mo and 1114 ; and Sicelgaita Daughter ofGloriofus, and Widow of Martnus 
 
 Cacapece of Naples, was ftill alive in the Year 11 15 "*. So likewife Pellcgrinus relates, 
 
 that the Noble Family of Porta in Salerno, defcended of the Counts Guaiferius and 
 
 Allcrtus, who were of Longobard Extraft, continu'd in a dircdt Line till the Year 
 
 1335, as is mention'd in the ancient Charters ^ as alfo we find in old Monuments 
 
 many other Salcrnitan Counts for fcyen or eight Generations down to that Time, a* 
 
 ' Paul. Diacon. lib. 5. cap. 45-. , ' peiJegr, in Stem. Princ. Salern. 
 
 * Malaccr. lib. 3. cap. 4. I ♦ Idem. 
 
 the 
 
 t
 
 Book X. r/:?^ K 1 N G D o M 0/ N A P L E S. 4^7 
 
 the fame Author attefts. And tho' it be next to impoffible to find a Series of them 
 in a direft Line, yet for all that the Lotiacbard Blood is not quite loll in tliJs 
 Province i and perhaps at this Time is conceal'd under the coarfe Cloths of Boors 
 and Rufticks. This lets us fee, that Noble Blood is of no Value, wh.en Solendor 
 and Riches have left it. 
 
 
 ^ CHAP. IV. 
 
 The Principality of Benevento intirely fithje£ied to the T)ominto}t 
 of the Normans, and the City of Benevento to the Church 
 of Rome. 
 
 RINCE Gifulphus being expell'd Salerno and Ainnlphis^ made 
 Gregory VII. very much dread the Confequence of the Growth of the 
 Norraan Princes ; but efpecially he was defirous to have Gifulphus 
 reftor'd, whom he fb much lov'd, becaufe by that Means he might 
 be able to ballance the Power of thofe Princes, therefore he watch'd 
 an Opportunity to bring it about. He was alfo encourag'd to fet 
 up another Party againft Robert^ and to take his expell'd Nephews under his Pro- 
 tedion J but it was not long before Robert and his Brother Richard furnifli'd him a 
 large Field for Quarrels and Intrigues. Thefe Princes, not content with having 
 expell'd Gifulphus from Salerno, but feeing he had got Shelter in Campania di 
 Roma^ under Gregory, they refolv'd to purfue him even in that Place, and on that 
 account to invade Campania ; whereupon they immediately march'd their Army that 
 way, and took PofTedion of a Part o( Marca d'Anccna '. Butasfoonas the News 
 reach'd Rome, that thefe Princes had enter'd upon the Lands of the Church, Gre- 
 gory, who of all the Popes was the leaft capable to fuffer fuch an Affront, and who 
 wanted nothing more than fuch an Occafion for driving out his Enemies, call'd a 
 Council in Rome, and with publick Ceremony and Solemnity excommunicated thefe 
 two Princes and their Adherents \ But perceiving that they did not much mind 
 thefe Thunderbolts, at the fame Time he apply'd more effedual .Means ^ lie fcnt a 
 good Army againft them, which made them quickly retreat. The Duke and Prince, 
 that they might not lofe the Opportunity of making other Conquefls elfewhere, came 
 and beficg'd the Cities of Benevento and Naples. The Duke invefled Benevento, 
 and the Prince Naples. 
 
 THE City oi Benevento was at this Time govern'd hy Landuiphus W. This 
 Prince, tho' he had been the Father of many Children, yet they had all died in his 
 Life-time. Pandulphus whom he had made Partner in the Principality, had been 
 kill'd in the Year 1074, by the Normans near Monte Sarcbin ; fb that he furviving 
 all his Sons, held the Principality til! the Year 1077, ^^^ being full of Years and 
 decay 'd, after having reign'd 39 Years in Benevento, he ended his Da^s there in 
 1077, and leaving no Iffue, the SuccefTion of the Princes of Benevento fMl'd in 
 him. This is the Period of this Principality ; fuch is the Inflability of worldly 
 Affairs. This Principality which above all others extended its Bounds the mofl, and 
 in the Time oi Arecbis comprehended almoft all that which is now the Kingdom of 
 
 ' Paul. DIacnn. lib. ;. cap. 4/. 
 * Baroi). in fine lib. Epift. Grcgorii VIT. 
 Cclcbravi: Synodum Roms, in qua cxcom- 
 
 niunicavitRoberram Guifcaruum Ducem Apulis 
 Sc Caiabrijc, 8( Sicilix cum crnuibus fautoriluj 
 ejus. 
 
 6 C Naples,
 
 45 8 The Civil H i s t o r v of Book X. 
 
 Naples, at this Time was quite cxtiiiguifli'd, which Misfortune did not happen to 
 the Principalities ol" C^/)«.'rt and Salerno ; for tho' the Lotigohard Princes fail'd \n 
 them, yet the Principalities continu'd long under the Nonndns ; and tho' Roger 
 form'd'thefe Provinces into a Kingdom, yet he did not extinguifh thefe Principali- 
 ties; for among other Titles he took likewife thofe of Prince of Capua and SnlerfW, 
 with which he alfo adom'd his Sons. But that o{ Beiievento was quite extinguifh'd, 
 for the City came under the Dominion of the Popes, and the other Lands and Cities 
 of the Principality became fubjeft to the Normans, which they added to the other 
 Provinces they had conquer'd ; wherefore in their Titles they did not retain that of 
 Prince of Bevet'cnto, as being quite extindt. 
 
 THEREFORE on the Death oi Landulpbus VI. the laft Prince ofBenevento 
 without Iffiic, Gregory laid Claim to the City as belonging to the Church of JR.o7;/e. 
 On the other hand Robert, who had made himfelf Mafter of many Towns of this 
 Principality, refolv'd to reduce Bene'vento under his Dominion, as he had done thole 
 Towns which acknowledg'd it for their Head. Therefore committing the Charge 
 of the Siege of Naples to Richard Prince of Captfa, he took that of Bene'vento upon 
 himfelf But Benevento, by the Vigilance and Diredion of Gregory, and Naples by 
 the Bravery of its Citizens, who defended themfelves gallantly, held out a long 
 Time. 
 
 I N the mean time Richard was taken ill, and being reconcil'd to Gregory, and 
 ablblv'd from the Cenfures of the Church, died fbon after. Giordanus his Son, who 
 fucceeded him, differing in Sentiments from his Father, immediately rais'd the Siege 
 of Naples, and breaking the League his Father had made with Robert, join'd with 
 the Pope. Robert likewife having left fbme Troops at the Siege of Benevento, had 
 retird into Calabria ^ fo that G/or^(?««i taking Advantage of his Abfence, in Con- 
 federacy with the Pope, pufh'd on Matters fo far, that having receiv'd a great Sum 
 of Money from the Beneventans, he immediately rais'd the Siege of their City, 
 levell'd all their Works, and broke the Machines which Robert had prepar'd for 
 reducing that City to his Obedience. 
 
 ROBERT was fo much provok'd at this Behaviour of Giordanus, that he 
 immediately return'd from Calabria into Piiglia, where after the Redu<5tion of 
 Afcoli, Monte Vtco, and Ariano, he march'd prefently to the River Same, where he 
 lay, in order to give him Battle j and they would adlually have cnagag'd if the 
 Abbot Defiderius had not interpos'd, who manag'd Matters fo effedtually, and with 
 fo much Dexterity, that he pacified Robert, and got him to confent to a Peace, 
 and made thefe two Princes as good Friends as formerly '. Dejiderius likewife 
 reconcil'd Robert with the Pope, and was fo much a Friend to both, that he went 
 to Rome and got the Pope to abfblve him from the Excommunication, and had the 
 Glory to make Peace between thefe Princes, at the very Time, when by their 
 Quarrels and Debates they were fo exafperated againfl one another, that a bloody 
 and cruel War fecm'd unavoidable. 
 
 T H US the Normans bc'mg made Friends with the Pope, obtain'd Abfolution from 
 the Cenfure ; and on the other hand Robert having reduc'd the Towns of Monticnlo, 
 Carbonara, Pietrapalumbo, Monteverde, Genziano and Sptnazzola under his Obedience, 
 had no mind to renew the Siege of Benevento, but left it intirely free to Gregory ; from 
 this Time this City began to be govern'd by the Church of Rome, which introduc'd 
 a new Polity, and fent Governors to it, who, for the moft Part were Cardinals ^ 
 
 THUS did the City of Benevento come under the Dominion of the Church of 
 Rome, before thefe Provinces were united and form'd into a Kingdom ; for which 
 reafon, the Popes in the Inveftitures they have ever fmce this Time given of the 
 Kingdom of Naples, referve to themfelves the City of Benevento, as not compre- 
 hended therein, but indepcndant on it, and fubjedl to the Church of Rome ; whence 
 the Beneventans are reputed Foreigners, and not Natives of the Kingdom. 
 
 THUS we lee how thefe our Provinces, that were fubjedt to fo many Princes, 
 by Degrees came to be united in the Perfon of Robert, and at lafl under Roger 
 Count of Sicily, were join'd and form'd into a Kingdom. Now there rcmain'd 
 nothing for Robert to conquer but the fmall Dukedom of Naples. This Dukedom 
 tho' it acknowledg'd the Emperors of the Eafl for their So\creigns, and it may be 
 
 ' Pet. Diacon. Aucl. lib. ;. cap. 4f. j apud Pellegr. Port cujus piincipisobicum, ie£la 
 
 * Anon, in Chr. Due & Princ Ben. n. if. ' eft Civitas per Komanaui tcdeliam. 
 
 feen
 
 Book X. f^^ K ! N G D o M 0/ N A P L E S. 459 
 
 feen in the Writings of thcfe lafl: Times, that the Names of thofe Emperors were 
 inferted in them, as may be obferv'd in that quoted by Sumnioiites, which wc fee is 
 in the Kame of yllexius Comieiius j neverthelels it maintain'd itfelf in the Form ofa 
 Rcpublick, govern'd by its Dukes and Conful^, who by reafon of the Dcclenfion of 
 the Greeks in thefe Parts, had, in a Manner, thrown off all Dependance on the 
 Emperors of the Eaft. All the reft had been conquer 'd by the Normans ; by Ro//ert 
 Guifcard, Puglia^ Calabria, the Principality of Bart, Salerno, Amalpbis, Sorrento 
 and the Lands of the Dukedom of Benevento : By Richard, the Principality of 
 Capita, and the Dukedom of Gaeta, which City, though it had its particular Dukes, 
 }'et depended on the Prince of Capua. 
 
 CHAP. V. 
 
 The T>ehates which the Emperor Henry had with Tope Gr^ory, 
 who had recourfe to Duke Robert, and was by hhn relieved 
 when befog d in Cafile St. Angclo, hy the Emperor $ Army. 
 
 H E Peace which Defiderins had manag'd between the Pope and. 
 Duke Robert, was fo feafbnable for them both, that manv Ad- 
 vantages refulted to each of them from it ; but efpecially to 
 Gregory, who otherwife muft have been involv'd in great and in- 
 fuperable Difficulties; for without the Affiftance of Robert, he 
 had certainly been crulh'd by Henry. The Difcords between him 
 and the Emperor were come to that Height, that they broke out 
 into an open Quarrel, and at laft ended in Seditions, Wars and obftinate Schilms. 
 The Emperor ftorm'd that the Pope had depriv'd him of the Right of Inveftiture, 
 and that he had no Share in the Eleftion of the Popes, and befides, was highly 
 offended that the Countels Mathilda had made over many Lands and Caftles in 
 Liguria and Ttifcany to the Apoftolick See '. Gregory on the other Hand, accus'd 
 Henry, tfiat for Money, and by his private Authority, he had inverted Bifhops and 
 Abbots, and at firft check'd him feverely, but afterwards, in the Year 1 076, lie 
 proceded to Cenfures. Henry likewife offended at a fancy Embaffy that Gregory had 
 fent him, immediately call'd a Council in Worms, in which Gregory was accus'd of 
 many Crimes and Enormities, and depos'd ; afterwards he fent his Ambafladors to 
 Rome, with contemptuous and reproachful Letters, commanding him to quit the 
 Papacy. On the other hand, Gregory having call'd another Council in Rome, excom- 
 municated all the Bifhops who had confented to his Depofition in Worms ; depos'd 
 Hniry from the Kingdoms of Germany and Italy, and abfolv'd all his Subjedts from 
 the Oath of Fealty they had taken to him ; forbidding them to pay him any 
 more Obedience, and exhorting all Princes to rife in Armsagainft him. The Princes 
 of Germany confidering that it would be of dangerous Confequence to have any 
 Quarrel with the Pope, now when he was ingag'd in a War with the Saxons, per- 
 fuaded the Emperor to make Peace with him, and at the fame Time they follicited 
 the Pope to come into Germany, that all Differences might be made up. Gregory 
 pretended to be willing, but being arriv'd at Vercelli, he rctir'd to Canojfj, a Caffle 
 fiuntcd in the Diftridlof Reggio. Henry being hard put to it by the Saxons, de- 
 
 ' Auftuar. P. Diac. in Oflienf. lib. ;. cap. 49 
 
 fign'd
 
 ^i^o ^^^^ Civil History of Book X* 
 
 nen'd at anv rate to make Peace with the Pope, fo that quickly pafTing the Alps, he 
 came to CanoSfa and begg'd his Pardon '. Gregory at firft would not admit him, but 
 after having made him attend Three Days bare-footed, at the Gate of theCaftle, 
 by the Interceffion of the Pope's Creatures, and the Princes of the Empire, he at 
 
 laft granted him Pardon. , ..r . . , 
 
 BUT Gregory knowing that Henry, on the account of the rough Ulage he had 
 met with, would be more irritated, and being appriz'd by^ MtTbilda, that the 
 Emperor was fetting a Trap to catch him, immediately return'd to Rome, where in 
 the Year 1 080 with greater Solemnity he excommunicated him anew, depos'd him 
 from the Empire, ablblv'd his VaiTals from their Oaths, and forbad all Chriftians to 
 obey him and gave the Kingdom of Gem/any to Rodolpbiis Duke of Suc-via, and 
 exhorted all the Princes of Germany to eled him Emperor. When Henry heard that 
 the 5rtXo«i. had eleded Rodolphus Emperor, in oppofition to him, he kh Italy, went 
 to France and ingag'd in Battle with Rodolphus i they fought gallantly, and there 
 was terrible Slaughter on both Sides ; but Night coming on, the Decifion was re- 
 ferv'd till the next Day, when the Battle was begun afrefli, and at laft Rodolpbus's 
 Army giving way, Henry obtain'd a compleat Vidtory. Rodolpbns was kill'd in this 
 Battle but before he died, held up his bleeding Hand, in prefence of his Captains, 
 and faid ' ; Ton fee this Hand ; with this I f-joore to my Lord Henry, not to attempt 
 upon his Life and Hotiour ; but the Pope forc'd me to break my Oaths, and itfiirp that 
 Honour which did not belong to me. IVhat End J have brought my [elf to, you now fee j 
 and they who put me upon this, will find the Fruits of it. 
 
 AFTER Henry had vanquifh'd his Rival, he return'd into Italy, to revenge the 
 Affront put upon him by Gregory ; and having call'd a Council of Bifliops, firft in 
 Mentz afterwards in Breflaw, he caus'd Gregory to be depos'd, and in his Room 
 the Ar'chbifhop of Ravenna was elefted Pope, who took the Name of Clement III, 
 from thence marching to Rome with a powerful Army, he drove out Gregory, and 
 plac'd Clement in that See \ and would have him to crown him Emperor. In the 
 mean time, Gregory, with his Adherents, had retir'd into Caftle St. Angelo, where 
 he could get no AfTiftance from the Romans, and none elfc were willing to fuccour 
 him becaufe the Emperor's Forces were too many for them -, one may eafily guefs 
 in what a Confternation his Holinefs was in. And bcfides, Giordanus Prince of 
 Capua and his Normans, being afraid that Henry, at the Head of fo formidable an 
 Army', would expel them that Principality, join'd with him againft Gregory*, fo 
 that the Pope was reduc'd to a lamentable Condition. 
 
 H E had no other Remedy, but to have recourfe to the renown'd Robert. But 
 he was at too great a Diftance to give him Relief: This Prince a few Years before, 
 had given in Marriage one of his Daughters, nam'd Helena, to Conjlantme the Son 
 of the Emperor Michael Ducas, a Prince of fuch Comelinefs, and fo well difpos'd, 
 that the Princefs yinna Comnena did not fcruple to fay. That he was the Mafter-piece 
 of God's Creation. This Princefs could not bridle the Pafiion (he had conceiv'd 
 againft the Emperor Michael, for having beftow'd fo accomplifh'd a Son on the 
 Daughter of a Man fuch as Robert was, whom, according to the Vanity and 
 Haughtinefs of the Greeks, fhe call'd a pitiful Robber, and unworthy to be allied 
 with the Emperors of the Eaft ; but this unhappy Princefs Helena, a few Years after, 
 had fallen into the utmoft Milery, for Ntcepborus Botontates having driven Michael 
 from the Empire of the Eaft, had confin'd all his Family to a Monaftery, and, with 
 unheard-of Barbarity, had caftrated Conftantme, the Husband of Princefs Helena. 
 Such an outragious Injury was an Affront done to Duke Robert, who could do no 
 lefs than intereft himfelf in the Affair, and befides, he look'd upon this Occafion of 
 carrying his Arms into the Eaft, with a fecret Pleafure. 
 
 FOR which Caule, he receiv'd very gracioully a Greek, who appear'd at his 
 Court and who gave out that he was the Emperor Michael, and to gain the more 
 Credit he gave a particular Account of his Eicape from the Monaftery, to which 
 he faid he had been confin'd, for contrading Alliance with the Normans. The Duke 
 caus'd extraordinary Honour to be paid his Perlbnage, as if he had really been the 
 Emperor ^ Neverthelefs many Lords, who had been at Conjiantiuople, and feen 
 Michael, could not be perfuaded that it was he, or if it was, he was very much 
 
 ' Anftuar. P. Diac lib. 5. cap. 49. ( " Auft. P Diac. lib. ;. cap. fO. 
 
 * Ikmoldu'. Chronic! Sclavorum lib. i. c. 29. I ' Malar, lib ;. Anra Comn. lib. 4 
 
 * Auttuar. P. Diac lib. 3. cap. fo & 5-9. ' 
 
 altcr'd.
 
 Book X. the K I ti c b o M of N A P L E S. 46 1 
 
 alter'd. But Robei-(.d'id not care to enter into the detail of the Matter whether he 
 was the real or a coumerfck Michael ; it was the fame for his Purpole. He pre- 
 tended only to rccondudl; him to Coiiftantiuop/c, at the Head of an Armv and to 
 reftore him to the Imperial Throne, perhaps with Intention to take Poircffion of it 
 himfclf, if he fliould find thnt this Perfon was not the real Mjcbael. In cffcd it was 
 thought to be a very good Handle, whereby he might the more eafily draw in the 
 Greeks^ and have a plaufible Pretence to concern himfelf in the Affairs of the Empire 
 of the Eaft : Whoe\er the fuppos'd Michael might be, whom Amia Counieiia calls a 
 Greek Monk, nam'd Keu'or, Robert did not negled to take Advantage of the 
 Character he took upon him. 
 
 BUT when the Duke had made ready ever)- thing neccffary for lb important an 
 Expedition, he had Advice, that there had been a new Revolution in Conftantiuople 
 and that the Princefs Helena had been fet at Liberty, from the miferable Prifon fhe 
 had been fhut up in ; for ^-ilesius Comueiius a little before, having been prodaim'd 
 Emperor in I'hrace by the Legions, had depos'd Nicephorus Botoiitates, and caus'd 
 him to be fhav'd, and had enter'd Triumphantly into Cotiftautimple, where havinc 
 taken the Princefs Helena out of the Monaftery, he treated her very honourably ; 
 by fo doing, he defign'd to gain over Duke Robert to his Intereft, whom he much 
 efteem'd, and much more fear'd, left he (hould oppofe him in the Infancy of his 
 good Fortune. 
 
 BUT all this did not put a Stop to Robert's Defigns, who having every thing in 
 Readinefs for that Expedition, loft no Time in fetting about it; fb that having gone 
 to Otr.viTO, where he was to embark his Army, he firft provided for the Government 
 of his Dominions in Italy, which he left to Roger, furnam'd Bar/a, his fecond Son, 
 whom he had by S'.gelgaita his fecond Wife, and at the fame time, in prefence of 
 the People, declar'd him Heir of the Dukedoms of Pugha, Calabria and Sicily '. 
 This was a genteel and gallant Prince j he left him for Minifters, Robert Count of 
 Loritello his Nephew, and Count Gerard, a Perfon of great Experience and known 
 Integrity. 
 
 He embark'd with his Hxxtchei^sSigelgaita, who, like a Heroine, would follow her 
 Husband at the Head of his Army. He likewife took along with him the valiant 
 Boemondus his Son, whom he had by his firft Wife Adelgrita, and fbme Norman 
 Barons. In the Year 1081, being arriv'd at the Ifle of Corfu, they landed and 
 attack'd the Forts, in order to reduce that Ifland to their Obedience : Alexius being 
 appriz'd of Robert's Motions, prepar'd an Army to fupprefs him ; whence com- 
 menc'd fo bloody a War, full of lb great Events, that the Princefs Anna Comneua, the 
 Daughter of the Emperor Alexius, was induc'd to write theHiftory of it, in which, 
 though fhe ftrove to magnify the A6tions of her Father, yet fhe could not mention 
 Robert, without commending his extreme Valour and Magnanimity. Mv piirpofe 
 obliging me to pafs over fo renown'd Ad\entures, I refer the Curious to the Hiftory 
 of this Princefs, and to what Malaterra, and Gulielmtis PuglienJIs have written of 
 them. In fhort, after Robert had taken the City of Durazzo, he made himfelf 
 Mafter of that Ifland, and afpiring to greater Matters, he carried his Conquefts into 
 Bulgaria, and made all that Country tremble at the Hearing of his Name, e\cn to 
 the Gates of Conjiantinople. 
 
 W^ H I L S T this illuftrious Hero was ingag'd in this War with Alexius Comnemts, 
 he receiv'd prefTing and earneft Letters from Pope Gregory ', who at the fame time 
 congratulated him upon his Vi<5tories in the Eaft, and reprefented to him the urgent 
 Occafion the Apoftolick See had fbr his Afiiftance, and the lamentable Condition he 
 himfelf was in by Henry's Army. The Duke, before he left Otrauto, had been 
 appriz'd of Henry's Attempts, who had fent him Ambaffadors, in .order to bring 
 him over to his Party ; but Robert difmifs'd the Ambaffadors immediately, and 
 advis'd the Pope of it in fuch obliging Terms, as even to declare, that if his Troops 
 had not been already embark'd, he would have led them to Ro/w himfelf ; but tho' 
 the State of his Affairs call'd him neceffarily elfewhere, yet he had not neglected to 
 
 Jus proprium Latii totius, & Appula quoque, 
 Cum Calabris, Slculiiquc loca Dux dac habenda 
 
 ' Gul. App. lib. 4, 
 Advcnic inrerea Conjunx, Comltefque rogati, 
 Egvcgiam Sobolem multo fpeftaiite Rogerum. 
 Acctrlit Populo, cunitilq; videntibus ilium 
 Hxicucm Scatuic, proponit & omnibus ilium. 
 
 6 D recommend 
 
 Rogerio 
 ' Malater. lib. ;
 
 ^5i ''The C I V I L H I s T o R. Y oj Book X. 
 
 recommend the Tntereft of the Holy See to Count Kclert his Nephew, and Count 
 Gir.vi-d his good Friend ' . 
 
 BUT now that he was difingag'd from the Conqueft of Corfu, and had carried 
 his Victorious Arms into Bti/g.ina, hearing of the prefTing NecefTity, though he 
 was fuccelsful in his Conqutfts, yet he left them off to go and give the Pope the 
 AfTiftance he had promis'd him ; and leaving the Command of the Army to his 
 Son Boenioridus^ and the Count of Brieiiua, he embark'd for Italy, with a Imall 
 Number of his People in Two Ships, and landed at Otranto. 
 
 HOWEVER defirous he was to march immediately to Rowe, yet he could 
 not do it fo fuddenly, but contented himfelf with fending a large Sum of Money to 
 the Pope, while he (hould put an End to the Affairs of Puglia, that indifpenfably 
 requir'd his Prefence ; for fome Cities taking advantage of his Abfence, had with- 
 drawn themfelves from his Obedience, and loon after his Departure from OtrautOy 
 the Inhabitants of 1';-oj:i and Jfcoli, had firft of all begun to Mutiny, by refufing 
 to pav the Tribute to his Son Aoger, and fome other Cities, and many Barons had 
 follow'd their bad Example, and at the very Time that he landed in Otranto, 
 Goffredits Count of Cowverfam, was going to befiege the City of Oria. But the 
 Duke was no fooner arriv'd, than he difpers'd the Aggreflbrs, who left the Attempt 
 and took themfelves to Flight. W'ith the fame Facility that he had prevented the 
 Siege of Oria, he punifli'd the City of Canne, by deftroying it altogether, for 
 being more obftinate in its Mutiny than the reft. Thefe glorious Expeditions put an 
 end to thefcditious Commotions that juft before had arifen. 
 
 NOTHING elfe would have ftopp'd him from going to Rome, had it not 
 been Giordaniis Prince of Capua. This Prince, as we have faid, having taken 
 part with Henry againft the Pope, Lorded it over Campania w ith his Troops, fb that 
 Robert was oblig'd to remove this Bar, in order to have free PafTage to Rome : This 
 valliant Champion not only drove away thefe Troops, but alfo laid Siege to Averfa, 
 to get Pofleflion of it. However Giordaniis defended the Place gallantly ; lb that 
 Robert feeing he could not expeft to be Mafter of it io loon, and the Pope prefUng 
 for Relief, abandon'd the Siege, and march'd to Rome, where he found Gregory 
 clofely befieged in Caftle St. Angela, while the Emperor and his Anti-pope were 
 injoying themfelves peaceably in the Lateran Palace. Henry, who had but a fmall 
 Garrifon with him in Rome, refolv'd to quit the City ; on the other hand, Robert 
 furrounded Rome with his Army, and early one Morning, drew near to the Gate of 
 St. Lorenzo, which he obferv'd to be worfe guarded than the reft, and order'd Lad- 
 ders to be apply 'd to the Walls, and mounting thereon, immediately open'd the 
 Gates to all the Army. He march'd through the Streets of Rome without any 
 Obftacle, and coming to Caftle St. Angela, reliev'd the Pope, and conduced him 
 honourably to the Lateran Palace \ 
 
 THE Romans of Henrys Faftion were furpriz'd at fo gallant an Adion, and 
 though afterwards they recover 'd a little Courage, and had hatch'd a Conlpiracy 
 againft the Normans, yet Robert immediately fupprefs'd it in fuch a Manner, that the 
 Romans, terrified, refolv'd to beg Peace of the Pope, which he granted them. 
 
 THE renown'd Gutfcard being difingag'd from ib glorious an Expedition, and 
 the Tumults quell'd, march'd his Troops out of Rome to return to Puglia ; but 
 Gregory not trufting as yet to the Romans, and afraid to expole himfelf another 
 Time to their Infults, refblv'd to follow the Duke and his Norman Army. There- 
 fore he left Rome, follow'd by the Cardinals and a great Number of Bifhops, and 
 after fome Days ftay in Monte CaJJino, where they were fplendidly entertain'd by the 
 Abbot Dejiderttis, he retir'd into Salerno, without ever returning to Rorfie, whole 
 Fidelity he always fufpeded. 
 
 ' Gul. Appul. lib. 4. 
 Roberto Comiti committitur, atque Girardo, 
 Alter fratre S'atus, fidifllnius alter amicus- 
 
 ' Auft. P. Diac. lib. 3. c 5;. 
 
 SECT.
 
 Book X. /Z^i- K r N G D o M 0/ N A P L E S. 463 
 
 SECT. I. 
 
 Invejiitiire given by Gregory VII. to Dake Robert. 
 
 IN this Progrefs which the Pope made with Duke Robert, the Inveftiture which 
 this Prince had got from Nicholas II. and Alexauder his Predeceflbr, of the 
 Dukedoms of Ptiglia, Calabria and Sicily^ was renew'd by Gregory, as we read 
 in the decretal Epiftles ' of this Pope, and is dated from Capperaiw, a Place ftmous 
 afterwards, for the Treafbn hatch'd there by the Count of Caferta againft King 
 Manfred. At this Inveftiture, the Greatnefs of Soul and the Intrepidity o( Hildebrand 
 deftrve Admiration, who, notwithftanding the very fignaland recent Favours he had 
 receiv'd from Robert, yet though he was furrounded by the Norman Army, he 
 would not confent to include in the Inveftiture, the Principality of Salerno, the 
 Dukedom of Amalphis, and a Part of Marca Firmana, which Robert had conquer'd 
 fmce the Inveftiture of Pope Nicholas, and which he was then in Poffeflion of; but 
 would only inveft him with what his Predeceflbrs Nicholas and Alexander had done, 
 leaving out thefe other Places. 
 
 AND that from this Deed there might no Prejudice refult to either Party, they 
 both exprcfly refcrv'd their Rights. Robert, by the Oath of Fealty he took to 
 Gregory, promis'd to aflift the Apoftolick See, and to defend the Regalia, and the 
 Lands of St. Peter againft all Perfons, and not to invade or feek to acquire them, 
 exprefly excepting Salerno, Amalpbis, and part of the Marca Firmana, of which, 
 as he (ays, adhuc fafta non eft definitio. On the other hand, G}-i??;o?-jy declar'd in the 
 Inveftiture, that he invefted him only with what his Predeceflbrs Nicholas and Alex- 
 ander had granted him, adding, de ilia aittem terra, qtiam iujufte tenes, ficut efi 
 Salernus, & Amalphia, ^ pars Marchice Firmana, nunc te patienter Subftineo in con- 
 fidentia Dei omnipotentis ^ tua bonitatis, ut tu pofiea exindead honorem Dei ^ S.mili 
 Petri ita te habeas, ficut ut £? te agere, & me [ufcipere decet, fine perictilo animx tux 
 & mece. This ftiews how artful this Pope was, who at the lame Time that he left 
 Robert in fufpence, would keep as it were, a Bridle in his Jaws, by making him 
 depend upon himfelf and his Succeflbrs for the Inveftiture of thele Places j and 
 befides, would (hew that it was the Prerogative of the Roman Pontiffs only, 
 to take and give other Peoples Dominions, and to juftify or difapprove of the Con- 
 quefts of Princes at their Pleafure, by declaring them Juft or Unjuft as they 
 thought fit ; he likcwife found out a very fubtle Medium betwixt juft and unjuft 
 Acquifitions, to wit, to fupport unjuft Pofleflbrs in cotifidentia Dei Omnipotentis, 
 that, according as they behav'd themlelves towards the Church ofRome, fbthe Popes 
 were to determine the Conquefts to be juft or unjuft. 
 
 THUS we fee, to what Pitch the Authority of the Popes, and the Stupidity of 
 fecular Princes, by ftanding fo much in Awe of the Cenfures, were arriv'd in thefe 
 Days ; for fear of being depos'd, and having their Vaffels abfolv'd from their Oaths, 
 they were at their Beck, and acknowledg'd their unbounded Authority, to avoid Se- 
 ditions and deftructive Revolutions in their Dominions, being terrified at the frefh 
 Inftancc of the Emperor Henry, who law a cruel War kindled in Germany, only 
 ^ becaule Gregory was not in his Intereft. 
 
 ' Vol. 3. Epift. Decretal. Greg. VlL 
 
 
 CHAP
 
 464 
 
 The Civil History oj 
 
 Book X. 
 
 CHAP. VI. 
 
 The Conquejls of T)uke Robert in the Eajl. His T>eathj and 
 that of Gregory VII. foon after. 
 
 H I L S T Robert was employing his Arms to Co good Purpofe in Italy ^ 
 in the Service of the Apoftolick See, he was amply rewarded by the 
 profperous Succefs which his renown'd Son Boemondus had in the Eaft. 
 This gallant Champion, at the fame time that his Father had the 
 Glory of driving the Emperor of the Weft from Kome^ having in- 
 gag'd in Battle with Alexius Comiiemis, had likewife the Glory to put 
 the Emperor of the Eaft to flight in Bulgaria. 
 
 THE News which Robert had of this Vidlory, gain'd by Boemondus over the 
 Emperor Alexius, gave him an earneftDefirc of returning to the Eaft, toaccomplifii 
 •what his Son had fo profperoufly begun. After he had given the neceflary Orders 
 to his Officers for the Government of his Dominions in Italy, he put to Sea with a 
 confiderable Fleet, and taking with him his other Son Reger, and many principal 
 Barons, and joyning the Venetian Fleet betwixt the Ifland of Corfu and Ccfbalonia, 
 he went to fight that of the Greeks, not inferior in Strength to his own. After they 
 ingag'd, the Greeks found themftlves fo hard prcfs'd upon, that they were forc'd to 
 fly. The Norraans funk many Gallies, difpers'd their Fleet, and taking more than 
 2500 Prifoners, triumph'd a fecond Time over their Enemies in the Eaft '. But the 
 Corruption of the Air, which happen'd this horrid Winter, oblig'd the Troops to 
 take fome Reft, and fuch a contagious Diftemper feiz'd the Army, that it deftroy'd 
 above Ten thoufand of the beft of it. And Boemondus catch'd it to that degree, 
 that he was forc'd to return to Italy to breathe a better Air ; and there are ^ who 
 write that this Sicknefs of Boemondus, was the Efl^edt of the bad Arts of Sigelgaita 
 his Step-mother, who had refolv'd to poifbn him, left this Prince, after his Father's 
 Death, fliould feize on the Dominions of Puglia and Calabria, in prejudice of her 
 own Son Roger. Neither do they fcruple to lay, that when S/gelg.uta was appriz'd 
 that the Duke her Husband had made a Dirco\ery of her malicious Defigns, fear- 
 ing he would take his Revenge, fhe refolv'd likewife to poilon him, and that (lie 
 actually did it the following Year, and fled with her Son and other Lords of her 
 Party, and put Roger in PoffelTion of the Dominions in Italy, in prejudice of Boe- 
 mondus. However that may be, (for Authors who wrote at the lame Time, and in 
 the fame Country where the Normans reign'd, report quite contrary Things of the 
 Dutchefs Sigclgaita') after Boemondus was gone, the Duke fent his fecond Son Roger, 
 to he(ieg,c Cephalonia, which a little before had rtbell'd againft him. 
 
 BUT whilft this invincible Hero was altogether bent on this Expedition, in the 
 Month of'July, he was feiz'd with a violent Fever, and oblig'd to retire to Cafopolis, 
 a fmall Caftle on the Promontory of the Ifland of Cc/>/«, to be cur'd. Sigelgaita 
 went immediately thither, but in the mean time the Fever was become lb vioknr, 
 that it foon put an End to his Da)s, in the Sixtieth Year of his Age. 
 
 Anna Coma 'lb. f . 
 
 Oder. Vital. lib. 7. 
 
 THIS
 
 Book X. the K i^ GDo m 0/ N A P L E S. 4^j 
 
 THIS Year 1085, will always be remarkable for the unfortunate and much-to- 
 be lamented Death of this Hero, and of other two great Pcribnages of Europe. It 
 was unluckly to the Normans for the lad Lois of Robert Guifcard. It was lamentable 
 to the Church of Rome., for the Death of the famous Htldebrand. And it was de- 
 plorable to England^ for the Lois of the renown'd IVtlliam the Conqueror., Duke of 
 Kornuvidy and King of England '. 
 
 THE News of Robert's Death having reach'd the Norman Troops in the Eaft 
 put the Army into luch Confternation, that they did nothing but lament ; and 
 S.'gelgaita and her Son Robert, in all hafte, carried the Duke's Body into Italy. 
 W hen they came to Otranto, they perceiv'd it was already begun to Putrify, which 
 made them refolve to leave the Heart and Bowels there, and having imbalm'd the 
 reft of the Body anew, they carried it to Venofa, the burying Place of all the other 
 Norman Princes. The City oiVenofa, asirtlliam oi Puglia reports ^ (who here ends 
 the Five Books of his Latin Poem) may be proud, ai3o\e all the other Cities of 
 Puglia, both for being the Place of Horace's Birth, and for preferving the Tombs 
 of lb many illuftrious Captains. Here remain to this Day the Afhes of this Hero, 
 whom we may defervedly furnamc the Conqueror. It was by liis own Valour and 
 Induftry alone, that from a plain Gentleman, he rais'd himfelf to be a Sovereign, 
 the moft dreaded in Europe, capable not only to deal with the moft powerful Princes 
 of the World in his Time, but likewifc to vanquifh them, and give them Laws. 
 His Virtues, and the Endowments both of his Body and Mind, were fo admirable, 
 that his greateft Enemies, fuch as the Princcfs Anna Comuena, who, though according 
 to the Greek Vanity, fhc fpoke defpicably of his Birth, neverthelels did not fail to at- 
 tribute to him all thofe eminent (Qualities, which are required in a Conqueror. And 
 though thefe great Aftions of his were accompanied with too great a Paffion for 
 Empire, which often led him to ufe Cruelty and DilTimulation ; yet theie are the 
 ordinary Imperfedions, which no Conqueror ever was, or can be free of As for 
 the reft, his Affedion for the Chriftian Religion, with the great Affiftance he gave 
 the Church of Rime, the Bounty he beftow'd on many Churches, and particularly 
 o:i the Monaftery of Caffino, cover'd thefe Defeds from the Eyes of the V\ orld, 
 and befides, they were generally defended as Maxims of human Politicks. 
 
 RO B ER^ reign'd four Years with the Title of Count of Pugha and Calabria ^ 
 Twelve with that of Duke, and Fourteen with that of Duke of Puglta, Calabria^ 
 Sicilyy and hord o£ Palermo. He liv'd in Italy from 1047 to 1085, Thirty-nine 
 Y'ears, and left Two Sons by as many Wives. Some report, that to prevent DiA 
 putes about the SuccefEon to his Dominions, he left by his Will, Sicily to his Brother 
 Rf^frer, with which he had invefted him in his Life-time, with the Title of Count. 
 To his eldeft Son Boemondus, all that he had conquer'd in the Eaft ; and to his 
 lecond Son Roger, by Sigelgaita, the Dukedoms of Puglia and Calabria, the 
 Principality of Salerno, and all that he polTefi'd in Italy, "lis likewife laid, that 
 though he had treated his fecond Son better than the Eldeft, as well becaufe Stgel- 
 gcv.td was prefent at making the Will, who got her own Son preferr'd to her Step-loHj 
 as becaufe Boemondus being born of hisfirft Wife, whom he did not reckon a lawful 
 one, as being too near akin to him, he thought Roger more lawfully begotten than 
 Boemondus, and therefore preferr'd the one to the other. But, either he did not 
 make a Will, as is queftion'd by fome, or thefe his Sons were not contented with it j 
 for Roger and Boemondus both pretended to fucceed, and each of them had con- 
 fiderable Fadions. But by the Cunning of Sigelgaita, who got Roger Count of 
 Sicily, to favour his Nephew her Son, his Fadion grew the ftrongeft ; fo that having 
 f.icceeded to the Dukedoms of Puglia and Calabria, and all the other Dominions of 
 I'aly, conquer'd by Guifcard, he began to take upon him the Government of thefe 
 Provinces -. And befides, Roger Count of Sicily, having kept a more ftrid Friend- 
 fhip with ^■^oger than with Boemondus, for a further Teftimony of his Kindnels, had 
 yielded many Places to him in Calabria, which Duke Robert had referv'd for the 
 Count of Sicily. Thus the Count having openly declar'd himfelf in Roger's Intereft, 
 
 Prorofpata, rAnonymo di Bari, Orderico. 
 Ooiiica di FolTa nova, torn. i. Ita!. Sacr. 
 
 L-* (^roiiica 
 
 L'glicl. cnl. 46. la Cronlca dc IJuchi di Bencvento 
 iif;ll' hirtoria Longob. del Pcllcgrino. La Cronica 
 dcir Anonymo, Monaco di S. Sofia di Benevcnto. 
 
 I'Anonymo, SIgonio, PanJnvinio, Gordonio 
 & Pirri : yitl thefe wake the Death »/Guifcard fo 
 h.ive hitffetid this Te.ir ic3f. 
 
 "■ Gul. App. 
 Urbs Venulina nitct tantis decorata fepulchris. 
 
 La Croiiica baicrnitano iiella cit. hift. Loiigob. j ^ Malater. lib. 5. cap. 42 
 
 6 E fought
 
 ^66 The Civil History of Book X. 
 
 fought all Opportunities to fupport it againft the Efforts of Boeniondus, who cfterij 
 biit^n vain, endeavour'd to difturb his Dominions. 
 
 THIS Year 1085 was likewife remarkable for the Death of the famous H/W^- 
 vrand in Salerno^ a Death very ominous and deplorable to the Church of Rome. She 
 loft a Pope the moft Daring and Intrepid of all that ever had pofTefs'd that See ; he did 
 not ftick at the moft evident Dangers, where his Honour or Liberty were at Stake, 
 in order to defend thofe Prerogatives and Pre-eminences which he reckon'd belong'd 
 to the Apoftolick See, againft the greateft Kings and Monarchs of the Earth ; and 
 if he was perfuaded that w hat he took in Hand was fupported by juft Pretenfions, 
 he became more bold and forward than the Princes themfelves. It was he, who 
 raifmg his Crofier above Scepters and Crowns, as if his being Head of the Univerfal 
 Church had intitled him to be Monarch of the World, and King of Kings, and 
 Emperor of Emperors; treated Princes, yea, the very Emperors, with fo much 
 Difdain and Haughtinefs, that he did not fcruple to excommunicate them, depofe 
 them from their Dominions, which he transferr'd to other Nations, and ablblve 
 their Vaflals from their Obedience. 
 
 BY his feeming to be convinc'd that he had Power to do all this, and by his great 
 Zeal for Juftice, and the Defence of the Apoftolick Sec, he gain'd the Applaufe of 
 many, who reckon'd him a Zealous, Pious, Religious, and Juft Man, a learned 
 Canonift a good Divine, and a bold Defender of the Ecclefiaftical Rights and Liber- 
 ties. To which were added fome other Virtues, wherewith he was adorn'd, fuch as an 
 auftere Life, and an unwearied Application to the Intereft of that See ; his Compaf- 
 fion towards the Poor, his defending the OpprefTed, and protefting the Innocent, 
 acquir'd him the Fame of a Saint ; fo that tho' fome of his contemporary Writers 
 have given him a different Charader, fome calling him an Innovator, Ambitious, 
 Cruel Perfidious, Haughty, a Difturbcr of Kingdoms and Provinces, Author 01 
 Seditions, Slaughter, and cruel Wars, and who had a Mind to eftablilh an intoler- 
 able Authority in the Church, as well in Spirituals as Temporals ; yet there are 
 others according as their Intereft led them, who have given him the Charadler of a 
 Pope altogether zealous for the Service of God, wife, pious, and merciful ; yea, a 
 Modern Author gives to him, no lefs than to Gregory I. the Surname of Great^ 
 becaufe to a certain Greatnefs of Soul, and Intrepidity of Mind, he join'd a holy 
 Life and Converfation, above all the Princes of his Time. But none has drawn 
 the Pidure of this Pope better, or fb much to the Life, as that judicious Painter, 
 who drew it in the Church of St. Se'verino in Naples. We fee there the Image of 
 this Pope, amongft thofe of the other Pontiffs of the Order of St. Beuediii, having 
 in his Leh-Hand the Crofier with Fifhes, in the Right-Hand, lifted up in a lafhing 
 Pofture a prodigious Scourge, and under his Feet, Scepters, Imperial and Royal 
 Crowns. And after having (hewn Gregory to have been the Terror and Scourge of 
 Princes, and to have trampled on Scepters and Crowns; being likewife willing to ftiew, 
 that all this was very confiftent with a holy Life, and Purity of Manners, he has writ- 
 ten above his Head, in Letters a Cubit long, thefe Words j Sanilus Gregorius VII. 
 
 ' Pakvieln. hift. del. Cone, di Trent- 
 
 CHAP.
 
 Book X. if^^ K I N G D o M 0/ N A P L E S. 
 
 467 
 
 CHAP. VII. 
 
 Boemondus dijiurhs the dominions of his Brother. Amalphis and 
 Capua revolt. The Origine of the Crufades. 
 
 I HE Death of C'/e^o/-^ occafion'd terrible Diforders in the Church of 
 Kome, for the Romans being put to a puzzle about the Eled:ion of a 
 Succeflbr, by reafon that Gilbert the Antipope had made himlelf 
 Mafter of fbme Churches of Rome, and would have himfeif to be ac- 
 knowledg'd for lawful Pope ; at laft, a Year after they determin'd to 
 eleft Defideriiis the famous Abbot ofCaffiiio, as Htldebrand himfeif had 
 advisM, that feeing it was neceflary for the Good of the Church, to have a Pope of 
 Weight and Influence with Secular Princes, they fhould not overlook Defiderius. 
 But he oppos'd it, and flood out fo obftinately, that in fine, by Force, and againft 
 his Will, they proclaim'd him Pope by the Name oiViilor III. But he ftubbornly 
 perfifting in his Refufal, it was thought neceflary to call a Council in Capua, to 
 which the Norman Princes were likewile invited, that they might ufe their Intereft 
 to get Defideriiis to accept of the Papacy. Roger Duke of Puglia was at fuch Pains 
 on this Occafion, that he brought him at laft to accept of it ; and having condudtd 
 him to Rome, turn'd Gilbert out of the Church of St. Peter by Force, and caus'd 
 Vtdor \.o beordain'd. H«^o Bifhop of Die, Legate of Gregory YU. and promoted 
 to the Archbifhoprick of Lyons, pretended likewife to the Papacy; and he ws one 
 of thofe, who moft of all oppos'd the Ordination of Vtfior. The Romans of GUI ert\ 
 Faction took Poneflion of the Church of St. Peter anew, and after many Ads of 
 Hoftility, Victor was oblig'd to retire to his Monaftery of Munte CaJJlno, from 
 whence in the Month of Aitguft he went to Benevento, in order to hold a Council, 
 compos'd of the Bifhops of Puglia and Calabria, in which he made an Harangue 
 againft Gilbert, and excommunicated him anew. He there alfo excommunicated 
 the Archbiftiop of Lyons, and the Wx^o^ of Marfeilles, and renew'd the Prohibition 
 againft receiving the Inveftiture of the Benefices from the Hands of Laicks. But 
 whilft Viclor was holding this Council, he was taken ill, which made him in ail hafte 
 return to Monte Cajfino, where he died, the i6th of September, in the Year 1087, 
 after having appointed Otho Bifhop of OJiia his Succeflbr. 
 
 THE Church of Rome therefore by the Death of Vt5lor, fell into frcfh Troubles 
 about the Eledtion of a Succeflbr ; at laft the Romans eleded Otho Pope, who was 
 a Frenchman of Cbatillon, in the Diocels of Rheims, and had been taken from the 
 IMonaftcry of Clttgny to be a Cardinal, and had done fignal Service to Gregory VII. 
 who had lent him Legate into Germany againft Henry. He was elected in a Meeting 
 of Cardinals and Bilhops held in Terracina, and nam'd Urban II. 
 
 THIS Urban, of all the Popes, had the greateft Love for the Nor7nans ; for 
 obfcrving that Boemondus took it in ill Part that Roger poflels'd lb many Dominions 
 in Italy, and on his Return to Otranto commenc d a War againft his Brother, 
 interpos'd, and made an Agreement betwixt them, on the/e Conditions, that Boe- 
 viondus, befides what he poflefs'd, ftiould have the Cities of Ma: da And Cofenza-y 
 but afterwards they exchang'd thefe Cities, and in place of Cofenza, Boemondus goc 
 Ban, and Cofenza contmxxd to be Duke Roger's. This Year 1089, 'Po^q Urban 
 
 went
 
 4^3 
 
 The C I V I t History of 
 
 Book X. 
 
 %vcnt to Melphis ' in order to celebrate a Council, wherein he opcn'd the Projed of 
 the grand Crufade, and the League againfl: the Infidels was concluded ; DukeRog;cr 
 went thicher to pay his Relpeds to L'rbau^ who confirm'd his InvelHture, as his 
 Predeceflbrs had done to Robert his Father '. 
 
 IN the mean time, Cofenza having rcbtlTd, the Duke had recourfe to the Count 
 oi Sicily his Uncle, who immediately reduc'd it ; and it was at this Time that Koger^ 
 as an Acknowledgment for the many Favours he had receiv'd from his Uncle, gave 
 him the half of the City oi Palermo^ where the Count began to build a CaRle, which 
 is now call'd the Koyjl Pjlace K Thus the one Roger reigning in Sicily, and the 
 other in Puglia, m procefs of Time thefe came to be two diftinct and feparate King- 
 doms, each of which was govern'd by its own Taws, Cuftoms, ard Officers. 
 
 COUNT Ro^er, who by the Death of his two Sons Goffr edits and Giordanus^ 
 was very much afflidled, this Year 1093 had the Fleafurc to have another Son 
 born to him by the Countefs Adelaida his laft W ife, whom he call'd Simon; which 
 put him in a Condition to go more deliberately to Cal.ihrui to fupprels a new Dil- 
 order that had begun to break out in his Family. 
 
 DUKE Roger ^ his Nephew, had made an illuftrous Alliance by marrj'ing 
 yidala. Niece of Philip I. King of France^ and Daughter of Robert Marquis of 
 Flanders ■*. He had by her two Sons, li'illiam and Lezois, who were to be his 
 Succcflbrs. But the Duke falling grievoufly fick not long after in Melpbis^ a 
 Rumour had pals'd that he was dead; Boemondus who thcnliv'd in GiLibria, think- 
 in°f this a fit Opportunity,, immediately takes Arms, and invades his Brother's 
 Dominions; protefting neverthelefs, that he did ir in Favour of the Duke's Sons, 
 till they fhould be of Age fit to govern. The Count oi Sicily^ who fufpeftcd this 
 Zeal, and was offended at his daring to proceed thus without his Confent, went 
 thither with a powerful Army, and was no fooner got there, than Boemondus was 
 oblig'd to retire. In the mean time the Duke being rcftor'd to perfeft Health, con- 
 trary to all Expeftation, Boemondus went prefendy to Melphis to congratulate him, 
 and to reflore him all he had made himftlf Mafter of, juilifying his Condud as 
 well as pofTibly he could. 
 
 BUT the Commotions did not end here; another much more dangerous was 
 
 difcover'd in Amalphis. Duke Roger trufting too much to the Longobards^ out of 
 
 the Regard he had for his Mother Sigelgaita, who was of that Nation, and Sifter to 
 
 the la(i Prince of Salerno, had without any Scruple committed the Government of 
 
 his fortified Places to the very Longobards, from whom his Father and himfelf had 
 
 taken them ; among the reft he had given the Go\'ernment of Amalphis to fome 
 
 chief Officers of the Longobards, who, refolving to take Advantage of the Dilbrders 
 
 that had a little before happen'd in Cofeuza ; for the Duke and the Count his Uncle 
 
 Y.'ere employ'd in fupprefiing the Rebellion of the Cofeutines ; drove all the Duke's 
 
 Partifans out of Amalphis, openly revoked, and refus'd to receive himfelf 
 
 The Duke being highly provok'd at fuch Treachery, in order to reduce the City, 
 
 refolv'd to gain his Brother BoemondvA by kindUfage, begging his AfTiftance, which 
 
 he c'ave with all the Forces he could draw together from Piiglia and Calabria ; the 
 
 Duke likcwife invited Roger Count of Sicily to his AfTiftance ; who this Year 1096 
 
 came with Twenty thouland Saracens, and an infinite Number of other Nations, to 
 
 lay Siege to Amalphis '. The Place v/as inverted by thefe three Princes with all their 
 
 Forces, and the Siege was fo clofe, that had it not been thwarted by a \'ery odd 
 
 Conjundture, Amalphis had certainly furrender'd. 
 
 WHAT oblig'd them to raife the Siege, was a new Expedition that offer 'd to 
 Boemondus and his Soldiers, who rcmembring the Engagement they were under, in 
 an inftant left the Siege. This was the Publication of the firft Crufade, the Con- 
 trivance of which is owing to Urban II. as firft Author of it *. Uri?an in the Year 
 1095, having affembled a ConncWin France, in the City of C/o-;//o?;r, excited all the 
 Princes of £«>-o/)f to undertake an Expedition to the Holy-Land; and fo great was 
 the Zeal of thofe Princes, who were likewife animated by Peter the Hermit, that in 
 making Preparation for fb glorious an Undertaking, they put all Europe in Con- 
 fufion ; but of all the Nations of £«ro/;e, the Italians and French manifefted their 
 
 ' Pellegr. ad Lupum Pror. A. 1089. 
 * Romuald. Arc. Sal. apud Baron. 
 ' Malat. lib. 4. cap. 17. 
 
 '' Idem, lib. 4. cap. 19. 
 ' Pellegr. ad Lup. A. 1096. 
 * Malater. lib. 4. cap. 2 
 
 Zeal
 
 Book X. 
 
 the Kingdom of NAPLES. 
 
 46p 
 
 Zeal mod to take the Crofs, and arm themfelves for this Expedition. The Great 
 Hugo, Brother of Philip I. King oi France, Robert Duke of Nurnundy, Godfrey of 
 Boulopte, Duke of Lorraine, and the Counts of Flanders and T'hoiiloufe, took Arms. 
 But of all our Norman Princes, Bocmondus, with his Nephew Tancred the Son of 
 Duke Roger and Alberada his firft Wife, according to Pirn and Sunimontes (for 
 Ordericus V'.talts ', and the Abbot of Noce ^ make I'ancred to be the Son of a Sifter 
 of Boemondus J were the moft forward. Boemondiis, whether out of real Zeal, or 
 Grief for his not being enough diftinguifh'd in Italy; or with a Defign to go on in 
 the Conquefts which his Father and he had begun in the Eaft, immediately left the 
 Siege of y-i/nalpbis, put on a red Crofs, got fome purple Mantles, and with great 
 Ceremony cut them into fmall Pieces, to provide his Soldiers with the like Crofil-s. 
 His Example, and the great Pains he was at in promoting this his Devotion, made 
 a great Number of People Hock to him and 7'ancred, in order to follow them in this 
 Expedition. But efpecially they were join'd by a great many Ptiglians, Calabrians, 
 Sicilians, and thofe of other Provinces of Italy, fo that they fbon made up a great 
 Army, and they all took an Oath in the Field, together with himfiflf, that they 
 fhould make no War againft Chriftians, before they fhould have conquer 'd the 
 Country of the Infidels. Duke Roger feeing himfelf thus abandoned before yimalphis, 
 and that the new Crafade had robb'd him of the Flower of his Troops, was oblig'd 
 to raife the Siege, notwithflanding it was fo far advanc'd, which he pretended to do 
 out of Zeal for the Chriftian Religion, though fwell'd with Indignation and Relent- 
 ment againft Bceniondus, who by no means could be perfuaded to give him any 
 further Afliftance. Count Roger feeing himfelf likewife deferted by his Men, think- 
 ing it not proper to retard fo fpecious an Expedition, had Patience, and return'd 
 to Sicily very much vex'd K On the other hand, Boemondtis and 'I'ancred having 
 put themfelves at the Head of their Piiglians and Calabrians, and an infinite Num- 
 ber of other Nations, and embark 'd at Bart, began their Voyage towards the Eaft, 
 Our incomparable Tbrqiiatns, by a Poetical Licence, makes I'ancred Captain of Eight 
 hundred Horlemen, which he fuppofes him to have brought with him out of Cam- 
 pania Fwlix near Naples ; but at this Time this Province belong'd neither to Boe- 
 mnndtis nnr Tancred, fo that he could not raife them there. Campania Falix at this 
 Time was for the mofl Part fubjedt to the Dukedom of Naples, and was govern 'd by 
 Sergiiis Duke and Conful under the Emperor Alexius Comnentts. A'verfa, a new 
 City, was in PoffefTion of the Normans, who were of another Family, not of the 
 Race of I'ancred Count of Hauteville, of whom Boemondtis and Roger were de- 
 fcended. And Capua had at this Time revolted from the Norn/an Princes ; for tho* 
 TrlnceGiordanns, who died in Piperno in the Year 1090, had left Richard his Son, 
 an Infant, as SuccefTor in the Principality * ; yet the Capnan Longobards, as foon as 
 they were appriz'd of the Death of Giordanus, enter 'd into a Confpiracy againft 
 Richard and the Princefs his Mother, and having taken PoffefTion of the Forts of 
 the City, drove all the Normans out of it; (o that Richard and his Mother were 
 forc'd to go to A'verfa for Shelter, where they remain'd till they were affifted and 
 reftor'd to Capua, by the Duke of Ptiglia, and Roger Count of Sicily. 
 
 THIS famous Hero after he had rais'd the Siege ofAtnalphis, and return'd to 
 Sicily, minded nothing but the firm Eftablifhment of his Dominions in his own Family 
 by illuftrious Alliances. The greateft Princes of Cbnjleudom courted his Friendfhip 
 and Alliance. Philip I. King of France, in the Year 1094 had fought his eldefl 
 Daughter, and the Year following the Second had been married to Courade the Soq 
 of the Emperor Henry III. This Prince on account of the Jars betwixt Henry his 
 Father and the Popes, had been perfuaded by them to defert his Father ; and he 
 not only join'd the oppofite Party, but carried Alatters fb far, that he did not fcruple 
 to take Arms againft his Father ; and being abetted by the Pope, he march'd to 
 Italy, took Poffeflion of many Places that depended on the Empire, and withdrew 
 them from their Allegiance. Pope Urban, and the Countefs Mathilda finding no 
 better way to fupport him, procur'd a Marriage betwixt him and a Daughter of the 
 Count of Sicily^ who was able to defend him againft the Power of Henry '. 
 
 ' Orderic. Vital, lib. 9. hift. Norm. Tan- 
 credus Odonis Boni Marchifil filius, & Comes 
 de RofTivolo cum fuis t'ratribus. 
 
 * Ab de Noce Chr, lib. 4. cap. 1 1 . 
 
 ' Malatcr. lib. 4. cap. z. Dux in Apuliam 
 fecedit, Comes in Siciliam rcveiticur. 
 * Paul. Diac. lib. 4. cap. lo. 
 ' Malatcr. loc cit. 
 
 6 F 
 
 THE
 
 470 The Civil History oj Book X. 
 
 THE King a^ Hungary envying him on account of this Alliance, two Years 
 after fent Ambafladors to demand another Daughter in Marriage for his Son ylie- 
 waunus. Ro^cr accepted of the Match, and with great Pomp and Solemnity in the 
 Year 1096 the Princefs was conduded to her Husband. 'I his extraordinary good 
 Fortune of Rogers Famih', got him the Surname of Great Connr, which he now 
 began to afliime among his other Titles. 
 
 Al GUST IK US INVEGES^ befides thefe Reafons, relates, that Roger was 
 mov'd to call himftlf Grand County becaule he had created his Son Strfion Count of 
 Bittera ; and the Ule of Fiefs and Counties being already introduc'd into Sicily^ and 
 the Sons, Nephews, and the Count's Vaflals being lilcew ife adorn'd with thefe Titles ^ 
 in order to diftinguifli himfclf from thefe, he began to fublcribe himfelf with this 
 new Title, Magnus Comes Calabrht & Sicilix. 
 
 BUT what mod of all made the Power of Roger the Great Count of Sicily con- 
 Ipicuous, was the Expedition of Capua. Richard the Son of Giordanus having been 
 cxpell'd Captia, had retir'd to Aver fa, and not able of himfelf to recover Capua, 
 begg'd his Affilliance and Protedion, promifing him, as an Acknowledgment for 
 fuch important Aid, to become his Liege-man, and do him Homage for his 
 Dominions '. 
 
 AND Malatera adds % that befides the Promife of doing him Homage, he had 
 likewife ofFcr'd him Naples as a Reward, which City was yet to be conquer 'd. And 
 Jm-egeSy very much to the Purpofe, obferves, that it was not known how Richard 
 came by this Right thus to difpofe of Naples, which at this Time was govern'd by- 
 its own Dukes in the Form of a Republick. The Count overjoy'd at thefe Offers, 
 immediately affembled an Army, and march'd towards Capua, where the Duke of 
 Puglia his Nephew, and Richard had already join'd to befiege it : Before he began 
 the Siege, he caus'd all the neighbouring Campania to be ravag'd ; afterwards he 
 inverted the City, and threaten'd to ruin the Inhabitants if they did not liirrender ^ 
 Urban \\. having heard of the Danger the Capuans were in, came to the Camp 
 where thefe Princes were, in order to make Peace, and prevent the Ruin of that 
 City. Thefe Princes rcceiv'd him magnificently, and confentcd to refer their In- 
 terefts to him, provided the Rebels would do the lame, but thefe would not agree to 
 it. Neverthelefs Urban ftill thinking to bring them to reafon, enter 'd the City, but 
 tho' they promis'd to comply, yet when it came to the Pufti, they abfolutcly refused 
 to furrender. The Pope, forry that he had ftirr'd in their Behalf, return'd, and 
 was indifferent whether they were ruin'd or not. Whereupon the Place was more 
 clodly befieg'd, and at this Time God Almighty fhew'd himfelf iignally propitious 
 to the Count of Sicily ; for the Countels Adelaide his Spoufe, who had follow'd him 
 in this Expedition, prov'd with Child. She wasdeliver'd of a Son in Melito, a City 
 of Calabria, in the Month of December in the Year 1097, or as others relate, in 
 February of the following Year : he was baptized by St. Bruno the Founder of the 
 Order of the Carthufians, with whom, becaufe of his great Sandity, the Count 
 was in ftridt: Friendfhip i and it was he, who firft eftablifh'd that rifing Order in 
 Calabria, of which he continu'd always to be the Protcdor. 
 
 THE Child was nam'd Roger, and by his famous Atchievements was the firft 
 King of Sicily. Fazellus tells us that this Hero was born in Salerno ; and Pirri, by 
 anticipating his Birth two Years, fays that he was born in Sicily in the Year 1095. 
 The fccond Favour which Heaven beflow'd on Roger by the IntercefHon of St. Bruno, 
 was his being deliver 'd from a Confpiracy, which a Greek, nam'd Scni^tus, had 
 hatch'd againll him ; for the Count having fupprefs'd this Confpiracy by the Death 
 of the Confpirators, fo terrified the Befieg'd, that the Place was immediatcl\ fur- 
 render'd, and reftor'd to Prince Richard ; w ho, by the Advice of the Count treated 
 them with great Clem'^ncy, infomuch that he chole to refide in one of the Towers 
 that was higher than the Citadel, into which he enter'd in Triumph ; and being thus 
 re-eftablifh'd in the Principality of Capua, and owing this important Conqueil: to the 
 two Roger's, in Token of his Gratitude, he did them all Honour, and as their Liege- 
 man paid them Homage. 
 
 ' Malater. lib. 4. cap. 26. Homo Apulix j tlonis NcapolJm, qux fiLl (Imilirer recalcJtra- 
 Ducis faftus fucrat. { bar, fi pia;valere poller, fijucialiteiconccdens. 
 
 THESE 
 
 t 
 
 Loc cic.ad A. 4097. c J. Vice recompenfa- ' * Petr Diacon. lib. 4. cap. 10.
 
 Book X. ^Z:?^ K I N G D o M 0/ N A P L E S. 47 1 
 
 THESE two Princes having finifli'd this Expedition, rctiirn'd together to 
 Salerno, where they remain'd for ibmc Time. The Duke oi Pn^lja had a mind to 
 make Choice o( Salerno for his Royal Seat, before any other City in his Italian 
 Dominions, as Kohert Gaifcard, when he conquer'd it, had rclblv'd to make it a 
 Metropolis City, in Imitation of Pope John XIII. who had made it fuch wich 
 regard to the Ecclefiaftical Polity , therefore he made his longeft flay in Sjlerno ' 
 whofe Example his Succeflbrs afterwards follow'd. Here he entertain'd his Uncle 
 with the Countels and their young Son, who fucceedcd him in his Dominions. 
 
 ' Gul. App. lib. 6. 
 
 
 CHAP. Ylll 
 
 Urban IL 7iiakes Count Roger his Legate, ^whence the Monarchy of 
 
 Sicily had its Rife. 
 
 ,KBAN IL came to Salerno to congratulate thefe Princes on the 
 good Succefs of the Expedition to Capua ; and being willing to 
 fliew his Gratitude for the many Services they had perform'd to 
 the Apoftolick See, he made Roger his Legate in Sicily. This 
 Year 1098, and at this Congrefs, that Bull was made, the like of 
 which is not recorded to have been granted to any other Prince 
 of Chriftendom, by which SUily boafts of her Monarchy, and 
 pretends, that the Succeflbrs of Count Ko^er the Great are 
 Sovereigns in their Dominions, as well in Spiritual as Temporal Matters. 
 
 THERE was a Cuftom introduc'd by the Roman Pontiifs of fending their Apo- 
 ftolical Legates into diverfe Provinces of the Chriftian World ; and they were of 
 different Sorts. Some of them who were moft eminent, and to whom more ample 
 and ipecial Privileges were granted, were call'd Legates a Latere, becaufe they were 
 chofen out of the Confiftory and College of Cardinals, who fate at the Pope's Side - 
 and therefore Ivo Carnutenjh in a Letter which he wrote to Pajcbal II. ', calls them 
 Laterales. Others were Bifhops, or Deacons of the Church of Rome, and were 
 fent by the Popes as their Legates to Emperors or Kings, who had no other Charge 
 but to manage the Affairs of the Apoflolick See, and to take care of its InterefV at 
 the Courts of thofe Princes, and thefe by the Ancients were call'd Apocrijiarii or 
 Kefponfales. But afterwards there was another Sort of Legates introduc'd who 
 were call'd Pro'jinciales. Thefe for the moft Part were Bifhops or Archbifhops, to 
 whom as Legates of the Apoftolick See, there was great Authority and Juriididlion 
 given over the Provinces where their Sees were fcated, and various Privileges 
 granted which they could make ufe of with regard to their Provincials ^ and the 
 Legation was often given to the See, and not to the Perfbn. Thus the Archoifhop 
 oi Arks was Primate and Legate of the Gallia, by Virtue of a mofl ancient Privi- 
 lege granted to that See, and confirm'd afterwards by Hormifda, and Gregory I. and 
 the other Roman Pontiffs '. Thus likewifc the Archbifhop of Canterbury was 
 Primate and Legate of all England, by a Privilege granted to 'Theobald Archbifhop 
 of that City, and his Succeflbrs, by Innocent 11. ; lb that in England they were 
 
 ' Ivo, Eplfl. 109. 
 
 A]cer. rer. Aqult. lib, 4. cap. j-. 
 
 call'd
 
 471 
 
 The Civil History of 
 
 Book Xo 
 
 call'd Lcgati nati^ as Polydore Virgil witnefTeth ', becaufe fiich a Privilege was 
 granted to the See, and not to the Perfon. In like manner the Bifhop of Ptfa, 
 and his SucceflTors, were declar'd Legates of the Holy See in the Ifland ot Corfica, 
 by Gregory VII. 
 
 THESE Legantine Powers were given in Ibme Provinces of Chriflendom to- 
 the Perfons, and not to the Sets, by the Pope's appointing certain Perfons as Legates 
 in different Places. Thus Leo the Great, appointed Auaftafius Bifhop of I'hejfalouica, 
 Vicar of the Apoftolick See over the Eaft and in the Regions of Africa. Gelafins I. 
 let Acacins over Egypt. Horniifda appointed Saltiftius Bifhop of Sevil over Boetica^ 
 and Liifitania ; and the fame Pope conftituted Reimgius of Reims, his Vicar over ther 
 Galltce, without derogating from the Privilege of the Archbifhop of Aries : The 
 fame Horniifda chofe John a Bifhop, his Legate, for all Spain. Vigiltus made the 
 Bifhop of Locrida for Illyricttm^ as Gregory I. had alfb done. Martin 1. appointed 
 John Bifhop of Philadelphia, his Legate in the Eafl againfl the Mcnotbelites. And 
 above all the other Countries, France had moft of thefe Legates in the Times of 
 Charles Martel, and Charles the Bald, and more in the Time we are now treating 
 of, under Gregory VIL and Urban IL infomuch that by the Frequency of thefe 
 Legantine Powers, the Rights and Privileges of Legate and Primate, belonging tO' 
 the Archbifhop of Aries, were in a great meafure extind:; and the Popes not only 
 fent thither Legates for taking care of all Gallia, butlikewife fent particular Legates; 
 to certain Provinces of it, fuch as Aqiiitaiiia, of which Alteferra * gives us a great 
 many. 
 
 LONG Experience hath fhewn, that thefe Legates were an infnpportable 
 Grievance and Damage to the Provinces to which they were fent ^, for befides that 
 they lefTcn'd the Authority and Jurifdidion of the Bifhops and Metropolitans, by 
 drawing all Caufes to thcmfelves, and frequently inquiring into, and taking Cogni- 
 fance of the Caufes of the very Prelates, they by their Avarice and Pride, fo 
 opprefs'd the Bifhops and the whole Ecclefiaftical State, that the People, unable ta 
 bear them, had recourfe to their Kings for Redrefs. For which Canfe the Princes of 
 Europe refblv'd to receive none, but whom they thought fit. There was an Agree- 
 ment made betwixt Urban IL and IVilliam King of England, by which it was ftipu- 
 lated, that no Legate fhould be receiv'd into that Kingdom, but fuch as pleas'd the 
 King *. In France, they were fo great a Grievance, that at lafl the Bifhops refblv'd 
 to fupplicate the Pope, that he would be pleas'd to abolifh them altogether for the 
 Good of their DiocefTes ; and they adually obtain'd, that there fhould be no more 
 fent, by which the Power of the Metropolitans and Primates of that Kingdom was 
 reltor'd, and Tranquillity eftablifh'd. The Emperor Frederick, by an Edidt, 
 order 'd, that they fhould not be received into Germany at any rate. In Scotland^ 
 there was a Law made in the Year 1188, which was approv'd of by the Popes 
 Clement III. Innocent III. and Honorius III. prohibiting any Perfon whatever, to 
 exercife the Legantine Power within that Kingdom, except Scotfinen ; and we read 
 of the like in Spain. 
 
 I N the Ifland of Sicily, the Popes were hkewife wont to appoint thefe Legates, 
 and we read ', that Pope Gregory I. made Maxiniinianus Bifhop of Syracufe, Legate 
 of Sicily, by granting that Power to his Perfon, and not to the See *. Neither were 
 thefe our Provinces exempted, tho' fb near to Rome ; for we read in the Chronicle of 
 LeoOfienfis % that Nicholas II. after having made Defideritts, the famous Abbot of 
 CaJJino, a Cardinal, he likewife made him his Legate in all Campania, the Principato^ 
 Puglia and Calabria, though his- Authority was reflridted with regard to all the 
 Monafleries and Monks of thefe Provinces, as is clear from the Words of the 
 Privilege, recorded by the Abbot of Noce. 
 
 BUT Urban \l. being defirous at this time to renew the Cuflom of making a 
 Legate in Sicily, as his Predeceflbrs had formerly done, nam'd the Bifhop of Traina, 
 
 ' Polyd. lib. q. rer. Anglic. 
 
 * Rer. Aquit. lib. 4. cap. 7. 
 
 ' Jo. Salisburlenfis lib. ij". cap. i6. &: lib. 6. 
 cap. 14. Sed nee Lcgati fedis Apoftolici manus 
 fuas excutiunt ab omni muncre, quin interdum 
 ill Provinciis ita debaccantur ac Sathan ad Ec- 
 clefiam flaj»cllandam a facie Domini. Provin- 
 ciaram dinpiunc fpoUa ac ft Thelauros Crjcfi 
 
 ftudeant comparare. 
 
 "* V. Hugo de I'lavlgni, & Eadnier. lib. /. Hift. 
 
 ' Gregor. lib. i. Judic. 10. Epift. 7. 
 
 * Invegeslib. J. Proiiide fupra cunilas Ecclefias 
 Sicilis te vice fcdis Apoftolica; miniftrarc decec- 
 nimus, quas non loco tribuimus, led Peribnae. 
 
 ' Ofticaf. lib. 3. cap. 15. 
 
 The 
 
 t
 
 Book X. ^^^ K I N G D o M 0/ N A P L E S. 477 
 
 The Sicilians took this in ill part, and Count Koger was much more offended at it 
 who having greatly diftinguifh'd himlelf by the many fignal Services he had done 
 the Holy See, in having expell'd the Infidel Saracens out of that Ifland, withdrawn all 
 the Churches from the See oi Conftaritinople, and reftor'd them to that of Kovie and 
 affifted the Church in her greateft Afflidtions, thought he did not dcferve fuch a 
 Return. In a Congrefs held in Salerno^ he complain'd of it to the Pope and ^ave 
 him to undcrftand very plainly, how much he was difTatisfied, and that he was* re- 
 folv'd not to bear it. 
 
 UK B AN, who was fenfible of the great Obligations he lay under to this Prince 
 from whom he expeded greater Advantage to the Apoftolick See, looking upon 
 him to be his greateft Support againft the Emperor of the Weft, did not flip fo fair 
 an Opportunity of obliging him. He not only gave him all Satisfaction as to this 
 Point, by annulling the Legantine Power, which he had given theBifliop of Tivr/M ' 
 but likewile conferr'd on the Great Count himfelf, all that Authorit)-, which he 
 had given to that Bifhop as his Legate, by creating him, and his lawful Heirs and 
 
 and immediately the Privilege was drawn up in Salerno by Johii^ Deacon of the 
 Church of Ko>?ie, dated in the Month of July., the Seventh of the Indidion, and 
 Eleventh Year of the Pontificate of Pope Urban II. 
 
 MAL Al'EKKA, a grave Writer of thefe Times, relates this Event, and 
 gives us Urban s Bull, and here ends the four Books of his Latin Hiftory, of whom 
 Oderici's Vitalis ', an antient Writer of Norman Affairs, writes thus ; De quorum 
 Qdeft Dims Koherti Gmfcardi SComitis Kogerii') probis afttbus^i^ Strenuis eventibus 
 Gotifredus Monachiis cognomento Alalaterra, hortatu Kogerii Comitis Sictlix elegantem 
 libellum nuper edtdit. 
 
 THIS {o notable a Writ, deferv'd to have been related at full Length ; but 
 feeing it regards the Polity of that Kingdom, and not of ours, we have contented 
 ourfelves with having given a fuccind Account of what it contains, the rather, 
 becaufe there are not wanting W^riters % who give it us intire, and it may be feen ia 
 the very Annals of Baronius. 
 
 THIS is the Foundation of the renown'd Kingdom of Sicily, by which the 
 SuccefTorsof Koger, and efpecially the Kings of Arragon, to whom that Kingdom 
 was fubjed for many Years, have kept Pofleflion of fo noble and eminent a Pre- 
 rogative, in fpite of all the Efforts and Difputes that have happen'd in procefs of 
 Time concerning that Point. It was not thought an improper or ftrange Thino-, to 
 grant Legantine Powers to Princes, feeing the Popes themfelves deem'd their Perfons 
 Sacred, becaule they were anointed with Holy Oyl, and reputed not fimple Laicks - 
 but alfo Sharers in the Priefthood ; and if it was not thought incompatible with their 
 Charaders, to make them Canons of St. Peter, by admitting them into the Quire 
 with Holy Veftments, and making them Partners in the other facrcd Fundions and 
 Ceremonies ; it ought not to feem ftrange, that they were vefted with Preroo-ative* 
 relating to Ecclcfiaftical Jurifdidion, and not to Orders. 
 
 ACCORDING to the IVlaxims of the Canon Law, and the Pradice of the 
 Court o£ Kome, we find in many Inftances, that the Power of Jurifdidion isdiftind 
 from that of Orders ; that this laft is annex'd to the Prieftly Office, and cannot be 
 communicated to any who have not that Charader. The Power of Ordination 
 cannot be given to a Prieft, nor that of Confecration or Abfoiution to a Deacon, 
 becaufe the Power of Ordination is infeparable from the epifcopal Charader, and 
 that of Confecration, and Abfolution from the Presbyterial ^ but as for the Power 
 of Jurifdidion, it may be conferr'd on Perfons who are not in Orders, and exercis'd 
 over thofe who are in higher Orders than they to whom fuch Jurildidion is granted. 
 The Popes have not fcrupled to pradife this on many Occafions, by appointing 
 fi mple Deacons to be their Leo;ates and Judges in Matters of Faith, and Caufes of 
 Bifhops ; and likewife to rcprefent them in Councils, and by giving Power to Abbots 
 and Monks to exercife epifcopal Jurifdidion ; and, what is more fiirprifing, Abbefles 
 fend dimifforial Letters, have their Archdeacons, and other Officers, and exercife 
 whatever belongs to epifcopal Jurifdidion ; and in this our Kingdom we fee at this 
 
 ' Oder. vit. Hift. Norm, lib ;. fol. 48;. ^ Fazzel. Rer. Sicul. Invcges lib. ;. 
 
 6 G very
 
 ^74 ^^-^^ Civil History of Book X. 
 
 very Time, that the Abbefs of the Monaftery of Converfano exercifcth Jurifdidion 
 over her Priefts, and hath the Privilege of wearing the Mitre and Crolier, as the 
 Biftiops do. And Cbar'.cs II. o( yiiijoii^ had his Place in the Quire of the Church of 
 St. Nicholas in Bari^ above all the other Canons, and wai reckoned one of their 
 Body, and had Jurifdidion over all the Priefts, as we (hall relate in its Place. 
 
 "T I S not to our Purpofe to enter into thofe Difputes that have arilen fince, 
 concerning this Point, nor into what hath been written by the Spaniards, and many 
 other Authors, as Matters foreign to our Defign. But I cannot forbear to fay, that 
 Cardinal Barcniiis, with much Itraining and little Argument, has the Aflurance to 
 impugn it in later Times, after that Kingdom had been in PolTcfTion of it for fb 
 many Ages. In the beginning of the Year 1605, he caus'd to be printed his Xlth 
 Tome of the Ecclefiaftical Annals, and when he comes to relate this Fad, he inferts 
 in his Hiftory, a very long Dilcourfe againft the Monarchy of Sicily, wherein with 
 flrain'd, and invidious Arguments, he leaves no Stone unturn'd, in order to over- 
 throw it. But he is unpardonable, for having ftuff'd his Difcourle with fo much 
 Obloquy and Bitternefs againft many Kings of Arragon of glorious Memory, and 
 efpecially Verdinand the Catholick, counting them T)rants, and who, under this 
 3Same of Monarchy, had refolv'd to introduce Tyranny into that Kingdom, which 
 Book l>eing brought to Naples Awd Milan, was fupprefs'd by the King's Minifters, 
 and f'oibid to be fold, or kept, out of rei'ped to Philip III. then reigning, whofe 
 Progenitors had been ib unworthily treated by that Cardinal. 
 
 BUT Baronins reiented this Prohibition of his Book fo much, that being 
 appriz'd of it, when, by the Death of Clement VIII. the See had become vacant, 
 he immediately caus'd the College of Cardinals to be conven'd, and got them to 
 make an Invedive againft thole Minifters, and not content to have thus offended 
 that Prince, would touch him in another no lefs tender Point, with refped to his 
 Roval Jurifdidion ; for in that Invedive, thofe Minifters are plainly found fault 
 with, as if by prohibiting his Book, they had incroach'd upon the Ecclefiaftical 
 A-uthority, as if it had not been lawful to Princes, for the Quietof their Dominions, 
 to prohibit fuch Writings. And after Paul V. had been elcded Pope, on the 13th 
 of June of the fame Year, he caus'd a long Letter to be written to King Philip, full 
 of heavy Complaints, that in Contempt of Ecclefiaftical Authority, the King's 
 Minifters in Italy had fupprefs'd his Book, which was a Privilege that Iblely belong'd 
 to the Pope. Neverthelels, the VVifdom of that King was fuch, as to judge it 
 better to anfwer with Fads, and allow the Prohibition publifti'd by his Minifters to 
 be in Force. 
 
 BUT the Cardinal could not forbear to infert in his Xllth Tome, which he caus'd 
 to be printed in the Year 1607. a Diicourfe very little to the Purpofe on the fame 
 Subied, inveighing with much Bitternefs and Malice againft Princes that took upon 
 them to prohibit Books, not fcrupling to fay likewilc, that they did it becaufe the 
 Books found fault with their Injuftice. The Council of Spain, with their wonted 
 Slcwnefs and Irrefolution, proceeded in this Affair leifurely ; and were as little mov'd 
 at this third Offence ; but fuffer'd other Three Years to go on, and in the Year 16 10, 
 the King made an Edid, condemning and prohibiting that Book in fo fevere a 
 Manner, that it ftruck at Baronius as fmartly, as he had ftruck at the Kings Pro- 
 genitors. And in order to give it more Force and Credit, the Edid was publi(h'd in 
 Sicily, with the Decree and Subfcription of Cardinal Dona, and dilpcrs'd Abroad in 
 the World in Print. The Edid wasfent to Count Lemos, at that Time Vice-Roy of 
 Naples, who, on the 28th of February of the following Year, caus'd the Edid by 
 w hich the Book was condemn'd, to be publifh'd with great Solemnity. The Court 
 of Koviie was as much furpriz'd at this Edid, as at the Execution of it by the 
 Cardinal, and the Proclamation with Sound of Trumpet in Naples. Neverthelels, 
 they never minded that in Spain, and the Edid is in Force to this Day. 
 
 THIS Difpute was renewed very lately, in a much more violent Manner; for 
 Pope Clement XI. feeing the Kingdom of Sicily fallen into the Hands of the Duke 
 of Sa-voy, thought it a fit Opportunity to take Advantage of the Weaknefs of that 
 Prince ; and carried the Matter to fuch Extremity, that in the Year 1715, he did- 
 not ftick to publifti a Bull, by which he aboJifh'd the Monarchy, and by anothefy 
 eftablifh'd a new Ecclefiaftical Hierarchy in that Kingdom ; but all thefe Efforts 
 c.ime to nothing, for the Bulls took no Effed, neither was there any Change or 
 
 Novelty
 
 Book X. ^/J^ K I N G D o M 0/ N A P L E S. 475 
 
 Novelty introduc'd into that Ifland ; and much lels when afterwards that Kingdom 
 rcturn'd to the mod: A uguft Auftnan Faniily. ^ 
 
 ON this new Occafion, the celebrated Divine of Paris^ Lewis Ellies Dupn 
 wrote in Defence of that Monarchy, wherein he not only (hews the Inconfiftencv of 
 what 5i?;-(3«,w writes againft it, but alfo that of the Pope's Bull. This Book was 
 publi/h"d in the Year 171 6, wherein he gives an exaca Account of the Oricrine and 
 Progrefiof this Difputc, and the IfTueof this Quarrel, with lb much Exactnels and 
 Learning, that 1 muft give th'e Reader an account of what he has wrote on this 
 Subjed:. 
 
 UKB AN's Bull was dircdted to Count Koger, and his Succeffors, and compre- 
 hended only the Dominions which he polfcfs'd at that Time, to wit, Stcily, and fome 
 Places he had in Calabria, whence he took the Title of M. Coines Calabrice S 
 Sicilia:. ' 
 
 . BUT Duke Roger had done as fignal Service to the Apoftolick See as the Count 
 {o that it bchov'd Urban to beftow his Favours on the Duke, who was prefent' 
 whence we ought to believe, that at this Time, that Privilege, of which the ancient 
 Canonical Glofs, and many of the moft ancient Writers make mention, conceruino- 
 the Collation of the Benefices of the Kingdom was granted. 
 
 THERE were frequent Councils conven'd at this Time, in order to deprive 
 Secular Princes of the Power of Inveftiture, and at lafl: in the Row^?; Council cele- 
 brated by Urban in the Year 1099, a little before he died, all Abbots, Prelates and 
 other Ecclcfiafticks, were forbidden, under terrible Anathemas, to r*eceive Benefices 
 from Laick Hands. Notwithftanding which, the Princes ftill pretended, that they 
 ought not to be reckon'd purely Laicks, nor could they le depriv'd of thofe Pre- 
 rogatives, of which they had been for a long Time in PoiTelilon. That it was very 
 reafonable, feeing they had founded and cndow'd Churches out of their Patrimonies 
 they fhould have the Inveftiture of them ; that as formerly the People had a Share 
 in the Elcdionof the Minifters of the Church, it ought not to feem ftrange if 
 Princes, to whom all Power was transferr'd, could do it of themfelves '. That by 
 fo doing, they conferr'd no fpiritual Power, their Grant being confin'd to the Tem- 
 porality, though they follow'd the common Cuftom of ufing the Ring and Staff 
 when they granted Inveftitures i which our Dukes of Puglta, with more Reafon 
 pretended to, who had ereded many Churches in thefe Provinces from the Founda- 
 tion, and out of Love for the Chriftian Worfhip, had endow'd them with great 
 Riches. And befides, they had vanquifh'd the Infidel Saracens, and reftor'd all the 
 Churches to the See of Rome, which formerly had been ufurp'd by the Patriarch of 
 Confiantiiiop/e. 
 
 THE Popes, to avoid having any Difpute about this Point, with thole Princes 
 who were their Friends and W'ell-wifhers, whom they had a mind to gratify, with- 
 out doing themfelves Prejudice, were often wont to grant them, by way of Privilege 
 what in Juftice they claim'd ; and the Princes, minding only the prefent, and look- 
 ing no further, accepted it. On the other hand, the Popes minded hereby to 
 eliablifh their Right, and according as Occafion fliould offer, to difpute or revoke 
 thefe Privileges. The ancient Kings of Sicily gave Inveftiture of Ecciefiaftical 
 Benefices in all the Churches of the Kingdom of Puglia, as the antient Canonical 
 Glofs ' clearly witnefTcth, which tho' it oblerves, that the Duke of Puglia gave 
 Inveftiture of Benefices contrary to the Canon eftablifh'd in many Councils lavs 
 they did it by virtue of the Pope's Privilege, which he could beftow on Laicks j and 
 all our moft antient Writers likewife, fuch as Marinus Caramamctis, yiudrea d'l/'eriiia 
 and others ', vouch the fame. And Frederick II. defended himfelf by this Pri- 
 vilege, when he was blam'd for giving Inveftiture of the Churches of thefe Pro- 
 vinces at his Pleafure* ; and complain'c^ that the Popes, notwithftanding this Pri- 
 vilege, attempted to diminifh the Right which the Kings of Sicily had. of eleding 
 Prelates, which could not be leflen'd by what ImocefitlU. had done, whenConftantia 
 govern'd, during his Infancy. But welhall have a more fit Opportunity to Ipeak of 
 this, when we come to treat of the Ecciefiaftical Polity. 
 
 V. Duaren. deSacr. Eccl. Min. ? ' Andr. dc Ifcrnialn pro 
 
 Glof. cap. placuit in prin. & in cap. nemini I "* Nauclcrus gcnerat. 41. 
 eum. i6. ciu. r, I 
 
 ' V. Duaren. deSacr. Eccl. Min. ? ' Andr. dc Ifcrnialn proem. Conftic. Rcgn. 
 
 ^ Glof. cap. pla( 
 Rcgum. 1 6. qu. r, 
 
 SEC T-
 
 Ay 6 1"he Civil History of Book X. 
 
 SECT. I. 
 
 Urban kolJj a Council in Bari ; his Death^ tvul foon after that of Count 
 
 Roger, aud other Princes. 
 
 IN the mean time Urban, after a Conference with thefe Princes in Salerno, went 
 to Bari, where he had fummon'd a Council of Greek and Latin Fathers, in 
 order to determine the Point concerning the Proceffion of the Holy Ghoft, from 
 the Father and the Son, in which the Greeks did not agree with the Latin Church '. 
 There were prefent in this Council 185 Bilhops ; and St. Anfelm Archbifhop of 
 Canterbury being then in Italy about the Affairs of his Church, likewife affifted in it. 
 There were great Debates between the Greek and Latin Fathers about this Point ^ 
 but St. Anfelm convinc'd the Greeks, and it was determin'd according to the Belief 
 of the Latin Church : Notwithftanding which the Schifm did not end, but being 
 maintain'd with great Heat by both Parties, the Divifion continu'd for a long Time 
 between thefe two Churches, that it was not in the Power of Man to re-unite 
 them. 
 
 UK BAN having put an End to this Council went to Kome, and a few Months 
 after the Row^M Council lately mention'd, died there the fame Year 1099. This 
 Pope deferv'd to be reckon'd amongft the greateft that ever the Church of Rume 
 had ; he having held this See little lefs than twelve Years, did many noble Adions, 
 and made himfelf famous over all the World by the Expedition to the Holy Land, 
 of which he was the firft Promoter. He of all the Popes had our Norman Princes 
 in greateft Efteem, neither had he any Caule to complain of them, fo that he 
 lov'd them as a Father does his Children, and as much as in him lay ftood up for 
 their Intereft. By his Death the Abbot Kainerius of 1'ufcany was elefted Pope, 
 who took the Name of Pafchal II. and the fame Year Jcrufalem was taken, and the 
 renown'd Godfrey of Boulogne eleded King of it, and after his Death his Brother 
 Baldivin fucceeded him j in the mean time Boemondus having taken Anttoch, made 
 himfelf Prince thereof, which he tranfmitted to his Pofterity. 
 
 THE Death of Urban was loon follow'd by that of the Great Count Roger, he 
 being much advanc'd in Years, made the City of Melito in Calabria famous by his 
 Death, which fell out in that City in the Month of July, in the Year iioi \ He 
 was much lamented by his Subjefts, and a Monument was eredted to him in the 
 great Church of that City, which he had built, where his Bones are preferv'd to 
 this Day. He liv'd Seventy Years, and reign'd Sixteen after the Death of his Brother 
 Guifcard. He had many Wives, by whom he had had many Children, but only 
 three Sons furviv'd him, which he had by his laft Wife Adelafia, who with Robert 
 oi Burgundy, her Son-in-law, immediately took upon her the Government of the 
 Dominions after her Husband's Death \ Thefe three Sons were Siiiwn, who dying 
 foon after his Father, had not the good Fortune to fucceed him in the County of 
 Sicily'^. Godfrey, furnam'dof il^^^«y«, of whom Hiftory makes no mention : Some' 
 believe him to be the Son of the firft Wife Erimberga, and both he and his Brother 
 Giordanus died before their Father. Rcger II. was he to whom he left his Dominions 
 in fo flourifhing and happy a Condition, who fhortly after pofTefs'd them with the 
 Title of King, and whom Fortune fo much favour'd as to unite the two Crowns of 
 Puglia and Sicily, and put them both on his Head, and who likewife with Royal 
 Title governed thefe our Provinces, as fhail fhortly be related. Count Roger alfb 
 left two Daughters, Mathilda and Emma ^ Mathilda was married to Ramulpbus 
 Count of Avellino. For which Caufe, during the Jars which afterwards fell out 
 between Roger, the Emperor Lothaire II. and Pope Innocent II. Rainulpbus was 
 made Duke of Puglia, in Oppofition to Roger his Brother-in-law by Innocent in the 
 
 ' V. Pellcgr. ad Lup. A. 1099. 
 * Lup. Protofp. A. not. obiit Rogeriu 
 Comes Sicilix Menfe Julii. 
 
 ^ Malater. lib. 4. cap. »9. Romuald. Salern. 
 
 ♦ Alcff. Tclef. lib. I. cap. 2. & 5. 
 "• Malater. lib. ij. cap lo, 1 1, & 36. & lib. 4. 
 cap. 14 8c 18. 
 
 Year
 
 Book X. the K i m g d o m ri/ N A P L F S. 477 
 
 Year 1137- It was this Mathilda that perfuadcd Alexander Abbot ofTclefe to write 
 the Hiftory of her Brother Rc^cr, which he declares in the firfl: Book of it. Eiun/a 
 the other Daughter, was married to K<uiulpbiis Maccabeus^ Count oi Moutefca^linfo ' ; 
 thele Princes in thole Days did not fcruple to marry their Daughters or Sifters to 
 their Barons, who for the moft part were of the illuftrious Korui'in or Loitzpbard 
 Blood, and were Mafters of large Territories and rich Lordfhips. Thofe who make 
 Con ft ant ta the Wife of the ^.mperor Henry to be the Daughter of this Koa-ey. are 
 greatly miftaken ; fhe was Grandchild, and not Daughter of the Great Count Kuger, 
 being the Daughter of King Kcger his Son, as fhall be related. 
 
 THE Beginning of this twelfth Century, where we now are, was moft lament- 
 able, not only for the Death of the Great Count Roger, but of many other Princes 
 that follow'd. Soon after, in the Month o{ January in the Year 1106, Richard II. 
 Prince oiCapiia died, who leaving no Iffue, Robert his Brother fucceeded him in the 
 Principality, and held it till the Year 11 20, in which he died *. In the Year 1016, 
 in the Month of Angafi, the Emperor Henry III. likewile died, to whom Henry IV. 
 his Son fucceeded, who being as great an Enemy to the Popes as his Father had 
 been, dealt more harfhly by Pafchal II. and his Succeflbrs, than his Father had 
 done by Gregory VII. He having a Mind more vigoroufly to maintain the Rights 
 of Inveftiture, threaten'd to march into Italy with a powerful Army againft Pafchal. 
 This Pope, to prevent i^o great Danger, came to Capua to foUicit Prince Robert and 
 Duke Roger to ailift him againft Henry ; but Henry with a mighty Armv being 
 come into Italy, and arriv'd at Rone, whither the Pope was return'd, and with the 
 Clergy and People of Rome had gone to meet him, caus'd the Pope and all his 
 Company to be carried Prifoners to his Qiiarters, where he extorted the Rights of 
 Inveftiture by Force, and befides oblig'd him to crown him Emperor with the 
 wonted Rites and Ceremonies K But as fbbn as Henry had left Italy, Pafchal, in a 
 Council held in the Lateran, annull'd and rclcinded all thele Ads, and had before- 
 hand Ibllicited the Duke of Calabria, the Prince of Capua, with other Normans, and 
 even Boemondus, to join their Forces to aflift the Church of Rome againft the Perfe* 
 cution, which, he faid, fhe fuffer'd by Henry. 
 
 BUT the Death of thefe two Princes Boemondus and Roger, which happen'd on 
 the Back of one another defeated all his Defigns. Boemondus died this Year 11 10 
 in Antioch, and his Body being brought to Italy, was buried in the Church of 
 St. Sabinus in Canofa. He left a Son likewife nam'd Boemondus, who fucceeded him 
 in the Principality of Antioch, and his other Dominions. He alio left a Daughter, 
 and recommended them both to I'ancred his Nephew. 
 
 BUT the Death of the renown'd Duke Roger * was yet more deplorable to thefe 
 our Provinces, which fell out in the Month of February of the Year mi in Salerno. 
 He was much lamented, and buried with great Pomp in the great Church of Salerno, 
 which his Father Duke Giufcard had built : He left no other Iffue-Male but JVilliam, 
 by the Dutchefs Ala hisfecond Wife, who fucceeded him in the Dukedom of P//g;//<?, 
 and his other Dominions. 
 
 DUKE Ifilliara continu'd the fame Friendlhip and Correfpondence with the Pope, 
 that his Father had done, neither did he fail to aflift him in the Quarrels with Henry^ 
 which were carried on with greater Heat than ever. Thefe Quarrels were become 
 fo imbitter'd, at this Time, that the Emperor Alexius Comnenus thinking to take 
 Advantage of them, wrote to Pafchal II. that if he would acknowledge him for 
 Emperor of the Weft, he would fend him powerful Afliftance againft Henry '. And 
 in the mean while M'llltam having put his Dominions in a better Form, did not fail 
 to require the Confirmation of the Inveftiture of the Dukedoms of Pttojia and Cala- 
 bria, as his PredecefTors had receiv'd it. Neither was Pafchal flack in granting it, 
 which he did in the Year 11 14, while he was celebrating a Council, in Cepperanoy 
 whither IVtlltam went to receive it *. But while this Pope was altogether bent on 
 crufhing the Power of Henry, being opprefs'd with weighty and troublelbme Cares, 
 hs fell fick, and 011 the 12th of January this Year 11 18 ended his D.iys '. 
 
 ' Pel. in Stem. I ' P. Diac. lib. 4. cap. 46. 
 
 * Idem. I * Idem, lib. 4. cap. 49. Iiiycftivlt de Ducatu 
 
 ^ Idem, in Caftigat. ad Anonym. Caffin. Apulix Sc Calabrir. 
 
 ^ Idem, in Stem. I ' Idem, lib. 4. cap. 64 
 
 6 H ALEXIUS
 
 4/8 The Civil History of Book X. 
 
 ALEXIUS Emperor of the Eaft likewife died in the Month oi Augiifi the fame 
 Year, to whom Joannes Porpbyrogenitus his Son fucceeded in the Empire. We fhall 
 be foon freed from the Trouble of taking notice of the Emperors of the Eaft ; for 
 having loft all they poflcis'd in thefe our Provinces, with little Hopes of ever 
 recovering it, they had no more occafion to mind or concern themlelves in the 
 Affairs of theie Countries. They had nothing left but the Shadow of Sovereignty 
 over the fmall Dukedom of Naples, which alfo will foon be fubjedl to the renown'd 
 Roger I. King of Sicily and Puglia. This Dukedom was as yet govern 'd by its 
 Dukes and Confuls in the Form of a Republick, and at this Time John was Duke, 
 who dying not long after, while Porphyrogenittis reign'd in the Eaft, was fucceeded 
 by Sergtus the laft Duke of Naples. For Naples being afterwards fubjedted by 
 Roger, tho' he did not alter the Form of its Government, neverthelefs he made 
 the Dukes as he thought fit, which Character he beftow'd on Anfiifiis one of his 
 own Sons, as fhall be related in a more proper Place. 
 
 CHAP. IX. 
 
 ^larreh between the Emperor Henry IV- ^nd 'Pope Gelafius II, 
 Inn:ejtitures given by this Pope to our Norman Princes j and a 
 Schifm between Calliftus II. and Gregory VIH. 
 
 N the mean time, after the Death o£ Pafcbal, the Clergy and People 
 of Rome eledted Joannes Gaetamis, a Monk of CaJJino, his Succeflbr, 
 who took the Name of Gelajius II. '. As foon as the Emperor Henry 
 heard of the Eleftion, he march'd into Italy j mean while he fent 
 AmbafTadors to Gelajius, with a Meffage, that if he was difpos'd to 
 grant him what Pafchal had done before, concerning the Inveftitures, 
 he was ready to acknowledge him for Pope, otherwife he would chufe another. 
 But Gelafius being obftinate, and feeing that the Emperor was advancing towards 
 Rome with a ftrong Army, left this City, and accompanied with many Bifhops and 
 Cardinals, the Prefedl: of Rome, and many Ro?;;<z« Nobles, went to Gaeta, the Place 
 of his Birth ; being as yet but Deacon, he was there ordain'd Prieft, and by thefe 
 Bifhops and Cardinals that he had with him, and by the Archbifhops of Capua, Bsne- 
 vento, Salerno, and Naples, in the Prefence of many Princes and Abbots, he was 
 confecrated Pope. 
 
 OUR Norman Princes, and efpecially JVtUiam Duke of Puglia, Robert Prince 
 of Capua, Richard of Aqui la, and many other Barons of thefe Provinces, went all 
 to Gaeta, and offer'd him their AfTiftance \ JVilliatn and the Prince of Capua took 
 the Oath of Fealty as Vaffals of the Apoftolick See, and got Confirmation of the 
 Inveftitures in the fame Manner their Predeceffors had receiv'd them from other 
 Popes. And 'tis to be obferv'd, that the Princes of Capua paid Homage to the Pope 
 in thefe Times, tho' they were Vaffals to the Duke of Puglia. 
 
 BUT we muft likewife obferve, that U^tlltam, not content with having had In- 
 veftiture from Pafchal, would alfo have it from Gelafius, from whom he could 
 obtain no other but a Confirmation, ftill reftridted to the Dukedoms of Puglia and 
 
 P. Diac. lib. 4. cap. 64. 
 
 * Idem. 
 
 Calahriay
 
 Book X. ^Z'd'KiNGDOMq/'NAPLES. 479 
 
 Calabria, the Pope carefully avoiding to extend it to the Principalities o( Saknio 
 and Aiiialphts, and all thole other Dominions that had been fubjeded by the Dukes 
 of Puglia. Thus we read it in the Copy of the Inveftiture, related by the Abbot of 
 l^oce ', which Gelafius gave to li'tlliam : ^iiemadmodum Gre^oriiis ?ap:i tradidn illam 
 Roberto Giitfcardo Avo ttio ; & ficut Urbajius Papa earn Kogerio Patri tuo prius & 
 poftea ttbi tradidit ; /ic i3 ego trade ttbi eandcni terram cum honore Dncatus per illud 
 idem douum, S confeufum. But the Error that we find in this Copy, and the want 
 of the Name, Pafcbalis, after the Word poftea, deferve to be taken Notice of- for 
 jrilltam never receiv'd Inveftiture from Urban, who died before his Father Ko^er 
 and IVilliam fucceeded his Father in the Pontificate of Pafchal, from whom' he 
 receiv'd it, and not from Urban, as Pctrus Diacouus relates. 
 
 1 N the mean time the Quarrels between the Pope and the Emperor became more 
 irreconcilable ] as foon as Ikiiry underftood that Gelafius was gone from Rome, he 
 made M.ii'.ritii'.s Archbifhop of Prague to be eleded Pope, who call'd liimfelf Gre- 
 gory VUI. On the other hand, Gelafius, as he came to Capua, excommunicated the 
 Emperor, the Antipope, and all their Accomplices ; and got Roi^er/ Prince of C.-zp//^ 
 to aflemble his Troops in order to oppofe Henry, and conduct; him back to Rome. 
 Robert having gather 'd together a confiderable Army, marches towards the Mona- 
 ftery of Cafjino, with a Defign to go from thence to Rome with the Pope, as he had 
 promi^'d him ; but hearing that the Emperor with a fuperior Force was not far off, 
 he would not leave Caffino, where having receiv'd Henrys AmbaflTadors, who advis'd 
 him to retire, he gave over the Expedition, and return'd to Capua. So that Gelafius, 
 after various Turns of Fortune, being abandon'd by the Normans, and unable to 
 refift fuch a fuperior Force, refolv'd, with fome Bilhops and Cardinals, to go to 
 France ; and being arriv'd at theMonaftery oi Clugny, at laft, wearied with fo many 
 carking Cares, and the Incommodities he had fuffer'd in fo troublefome a Journey, 
 fell fick, and died there the 29th of 5'^MKrt?-_y in the Year 11 19, after having held 
 that See, with fb many Difficulties and Sufferings, only a Year and five Days. 
 
 THE Cardinals being depriv'd of fo great a Pope, and not in a Condition to 
 oppofe Gregory, if they did not immediately provide a Succeffor, in that very 
 Monaftery elefted Guido Cardinal Archbifhop of Vienne, of Royal Race, being the 
 Son of the Count oi Burgundy, and near of Kin to the Kings oi France, who took 
 the Name oi Calltftus II. and went prelently to Rome, where, with great Marks of 
 Efteem, he was receiv'd by the Clergy, the Senate, and People of Rome. The 
 Antipope Gregory and his Adherents left Rome, and fortified themfelves in Sutrio, a 
 Caftle of great Strength by realbn of its Situation. 
 
 I N the mean time Calliftus, in order to eradicate this Schifm, thought he had 
 no other Remedy but to have recourfe to the Norman Princes for Afliftance, therefore 
 he came to Benevento, where he was vifited by Duke U'tlUam, Robert, and all the 
 Barons of the Neighbourhood, who all offer'd their Troops to lay clofe Siege to 
 Sutrio. Soon after this Caftle was fb clofely befieg'd, that it was forc'd to furrender : 
 Mauritius thus falling into the Hands of Pope Calliftus, he confin'd him clofe 
 Prifoner in a ftrong Fort. Thus ended this Schifm, and the Church began to enjoy 
 fome Peace. 
 
 BUT in the Year 11 20, the Death o( Robert Prince of Capua, from whom 
 Calliftus had receiv'd fignal Service, put a Damp upon this Peace. This Prince left 
 only one Son nam'd Richard III. who fucceeded him in the Principality, and 
 govern 'd it a few Days only ; for he had fcarcely been confecrated according to the 
 Cuftom of the Norman Princes oi Capua, who us'd to be anointed with Holy Oyl by 
 the Hands of the Archbifhop, when he ended his Days in Capun, and leaving no 
 Iffue, he was fucceeded by Giordanus II. his Uncle, Brother of his Father Robert \ 
 
 G lORDANU S govern'd the Principality of Capua feven Years without Diftur- 
 bance, to the Year 11 27 in which he died. His Wife Gaitelgrima was Daughter 
 of Sergius Lord of Sorrento, fhe had been married to him ever fince the Year 1 1 1 1 ^ 
 and had brought him Nocera, and many Places in the Neighbourhood fubjedt to it, 
 as her Portion. By this Wife he had Robert II. who fucceeded him, and was the 
 laft Prince of Capua of the Race of Afcettilmus ; for being expell'd his Principality 
 by Roger I. King of Sicily, he had the Misfortune to lee his Family lofe that 
 
 ' Ad Chronic. CafT. lib. 4. cap. 64. * Pell, in Cafligat. ad Anon.CaiT. A 1 ir9. 
 
 Grande'Jfj
 
 480 
 
 'The CiviL History of 
 
 Book X. 
 
 Grandeur, which his Forefathers with fo much Prudence and Valour had maintain'd 
 in it, as fhall be related when we come to the Reign o( Roger. 
 
 1 N the mean time Pope Callijltts, having in fome meafure quieted the Difcords, 
 apply'd himfelf to put the Affairs of his See into the beft Order he could ; and above 
 all, he endeavour'd to keep up the fame Correfpondence and Friendfhip with IVtlliam 
 Duke oi PugUa^ that his Predeceflbr had done. /^z///<7W (hew'd the fame Inclina- 
 tions, for he defir'd to have the Inveftiture of the Dukedoms of Puglia and Calabria 
 from Calliftus, as his PredeceflTors had had it from Gelafius and Pajcbal., by making 
 himfelf a Vaflal of the Apoftolick See, and receiving the Inveftiture with the 
 Standard ; and Calliftus being come to 'troja^ he receiv'd him in that City with all 
 Marks of Efteem and Refpedl: ' ; and in the Year 1121, when he came to Salerno, 
 where Roger Count o( Sicily likewife was, he was entertain'd by thefe Princes with 
 all the Honour and Refpedl imaginable *. 
 
 A F T E R W A R D S, in the Year 1123, he held a Council in the Lateran in 
 order to redrefs many Dilbrders which had crept into his Church during the Quarrels 
 with Henry., with whom he made Peace ; and after having with much Prudence 
 fettled the Affairs of the Apoftolick See, at laft in the Year following 11 24, he 
 ended his Days in Rome ', where he was much lamented ^ and it was foon found what 
 great Lofs the Church o{Rome had in him ; for he was no iboncr dead, than the 
 Cardinals, divided into Fadtions, eledled two Popes: Some of them chofe Lambertiis 
 Bifhop of OJiia, who took the Name oi Honor ius II. Others, I'heohaldus Cardinal of 
 St. Anaftafia^ who was call'd Celefiine II. But this Schifm, which was fear'd might 
 for a long Time give Difturbance to the Church, was furprizingly extinguifh'd in an 
 inftant j {or Celefiine' s Party, as the Weakeft, yielding to that^of //cwovw^, join'd 
 with him ; fo that the Dilbrders being at an End, Honorius was acknowledg'd and 
 ador'd as true Pope. 
 
 ' p. Diac. lib. 4. cap. 68. 
 
 * Pell, in Caft. ad Fal. Benev. ti2i. 
 
 I 
 
 ' P. Diac lib. 4. cap. 8;. 
 
 CHAP. X. 
 
 Lothaire Duh of Saxony, hy the T>eath o/Henry, fucceeds in the 
 Empire of the Wejl. The Union of all thefe our Provinces in 
 the ^erfon of Roger Great Count of Sicily, ly the *Death of 
 William "Duke o/Puglia. 
 
 HE Quarrels, which in the Year 11 25, fell out in GmK^w^- on the 
 Death of Henry IV. gave great Difturbance to the State of the 
 Affairs oi Italy: This Prince having left no Male-Iffue, there arofe 
 great Diftentions amongft the Princes of Germany about chufing a 
 Succeflbr • two efpeciaJly, with great Application afpir'd to the 
 Empire ; Conrade the Nephew of Henry., and Lothaire Duke of 
 Saxony \ The Princes of the Empire being conven'd in order to prevent the Con- 
 fiifions that might happen, were refolv'd to compromife this Eledion by the 
 
 ' P. Diac. lib. 4. op. 87. 
 
 Arbitre- 
 
 1
 
 Book X. the K I u Q D o ^\ of ^ A P L E S. 48 1 
 
 Arbitrement of the Archbifhop of Meutz^ declaring, that the Perion whom he 
 fhould judge worthy of the Roman Empire, fhould certainly be eiedred. The Arch- 
 bifhop, who bore an implacable Hatred, not only againft Henry, but againl> all his 
 Family, without much deliberating, immediately excluded Cmrj.de, and prdpofmg 
 Lotbaire as a moft confummate Captain, pioui and prudent, judg'd him the raofi: 
 worthy and fit that could be rais'd to the Imperial Throne ; the Lledion was 
 approv'd of, and Lotbaire was proclaim'd Emperor. Thus by the Means and 
 Cunning of this Prelate, the Empire went from the Germans, who had held it fo 
 many Years^ to the Saxons, in the Perfon of Lotbaire, whom Ibme call'd III. 
 others, with more Truth, II. 
 
 COKKADE, impatient of this Rebuff, and notable to bear that ally other 
 but himfelf had fucceeded his Uncle, having drawn many Princes o( Germany to his 
 Party, got himfelf to be crown'd King oi' Germany. Thus did the Quarrels between 
 thefe Princes begin, which at the long Run occafion'd many Diforders, and great Con- 
 fufion in the Empire ; but Lotb.iire, as being eledted by the Majority, and, what 
 was moft material, confecratcd by the Pope, was acknowledg'd for Emperor all over 
 the Weft. 
 
 BUT whilft HoH'-rius govern'd the Apoftolical See, and Lotbaire the Empire ; 
 whilft by the Death oi'Jordanns, Capua was govern'd by Robert his Son, and whilft 
 Sergitis the laft Duke govern'd the Dukedo.m of Naples, the Death of IVilliam 
 Duke of Pnglia happcn'd in Salerno this Year 1127 '; he had govern'd thele 
 Provinces, after the Death of his Father, the Space of fixteen Years *. 
 
 THE Death of this Prince occafion'd at laft all thefe our Provinces to be united 
 into the Form of a Kingdom in one Perfon, and confequently a new Polity, and a 
 more ftable and perfect Form of Government to be introduc'd. For this Prince 
 having left no Children, the Progeny of Robert Guifcard was extinguifh'd •'. There 
 was none other that could fucceed to his Dominions, but Roger Count of Sicily his 
 Uncle, who was the Son and Heir o£ Roger the Brother of Guifcard. Neither could 
 there be found at this Time, any other Prince fb powerful, and I'o near of Kin, 
 fb expert in War, courteous and prudent, as the Great Count of Sicily ; and 
 Fortune prefentlng lb confiderablc an Inheritance, he eagerly embrac'd the Oppor- 
 tunity. That he might not be prevented by others, Roger loft no Time in claiming 
 the PofTeflion of fo great an Inheritance. Having immediately embark'd in a Fleet 
 at MeJJina, he arriv'd unexpectedly at Salerno, where, according to the Cuftom and 
 wonted Ceremonies, he got himfelf to be confecrated Prince of Sak'rno ♦, by the 
 Archbifnop of Capua. He went immediately to Reggio, where he was proclaim'd 
 Duke of Pugiia and Calabria ; and made a Progrels through thefe Provinces, and 
 •was receiv'd with Acclamations in all the Cities as their Sovereign. 
 
 A S fbon as Pope Honor/ns underftood that Roger, in fb great haftc, without his 
 Knowledge, or fo much as having fought Inveftiture from him, had taken PofTellion 
 not only of Pugiia and Calabria, but likewifc of the Principality of Salerno, Amal- 
 pbis, and all the other Dominions, he was highly offended ; and fearing that by fb 
 many Dominions being added to that of Sicily, the overgrown Power of Rc^ej* might 
 at laft come to opprels the Church of Row^, he began to witlidraw his Af^edtion 
 from him, and to think of Means by which he might put a Stop to the Career of 
 fb great Profpcrity. Whence Iiis SuccefTors, as we fhall fhew anon, finding that 
 Roger had gloriouOy united the Crowns of Pugiia and Sicily in his own Perfbn, 
 which the Dukes of Pugiia his PrcdccelTors could not accomplifli, were always jealous 
 of his Power, and turn'd over a new Leaf with him, and began to abhor him, and 
 to put a thouiand Rubs in his Way, in order to prevent his growing more powerful. 
 But this Prince, by his Valour and Prudence, flirmounted all Obftaclcs, and accom- 
 plifh'd his Defigns profpcroufly ; for tho' the Princes of Capua were VafTals of the 
 Dukes of Pugiia, neverthelefs that Principality was govern'd by Robert II. with full 
 Liberty and Power. Roger, after having been inverted with it by Aiacletus, in the 
 Year 11 35, expell'd Robert, who was the laft Prince, and ufurp'd the Property of 
 tliat great Principality to himfelf The Dukedom of Naples, which was the laft in 
 
 ' Cluon. Romualdi Arch. Salern. Falcon. I ' Idem, loc. cit. Atque in ipfo omnis 
 Uenevcnr. An. 1127. Robert! Guitcardi Familia, quae ex iplb delccn* 
 
 " P. Diac. lib. 4. cap. 96. Pel. in Stem. derat finita art. 
 
 J •• Abb. Tclelin. lib. i. 
 
 6 I t)eing
 
 48i 
 
 'The Civil Histor-y of 
 
 Book X. 
 
 being fubdu'd, and that for fb many Ages had maintain'd its Liberty againft the 
 Power of the Lougobards and Korwans, at laft in the Year 1139, was fubjeded to 
 his Dominion : So that there remain'd nothing in thele our Provinces that was not 
 fubjedl to Roger. And in this manner, having united all thefe Provinces in his own 
 Pedbn, and being arriv'd to fuch a Pitch of Greatnefs, he difdain'd the Titles of 
 Count and Duke, and took that of King ; and feeing he had appointed Palermo to be 
 the chief City of Sicily^ he fix'd his Royal Seat there. And having under his 
 Dominion the Dukedoms of Puglia and Calabria (thofe Places alfo that had been 
 left to Prince BoeviondusJ the Principalities of Salerno and Capua, the Dukedoms of 
 Amalphis, Naples, and Gaeta, and the Principality o{ Ban, therefore in his publick 
 Writs he took the following Titles: Rex Stcihx, Ducatus Apulix, & Prmcipatus 
 Capiix. Which Titles were long made ufe of by his Succeflbrs, comprehending all 
 thefe our Provinces, under the Title of King of Puglta, or of Italy. 
 
 BUT the famous Atchievements of Roger I. King of Piigli a and Sicily, how by 
 his Prudence and Valour he furmounted the many Obftacles, which the Popes, and 
 the Emperor Lotbaire threw in his Way, in order to ftop his growing Greatnefs ; 
 how with new Laws and Statutes he eftablifh'd this Realm, and gave it a more 
 perfect Form, fhall be treated of at large in the following Book : In the mean time, 
 it will be proper to premife a fhort Account of the Form and Dilpofition in which 
 Roger found thefe our Provinces when he came to inherit them, not only with 
 refpeft to the Number of their Barons, and the Ecclefiaftical Polity ; but efpecially 
 with refpedt to the Laws and Learning which in this Age fiourifh'd in them. 
 
 CHAP. XL 
 
 The Longobard and Feudal Laws retain d hy the Normans. 
 Learning rejiord in their Kingdom hy the Monks of Caffino j 
 and hy the Arabs iti Salerno. 
 
 H E Normans, altho' by Right of Conqueft, after they had fubdu'd thele 
 our Provinces, they had it in their Power to impofe what Laws and 
 Form of Government on theconquer'd People and Places they thought 
 fit i neverthel els allow'd the People to be govern 'd by the lame Laws 
 and Inftitutes they formerly had ; and even hitherto the Norrnans 
 had impofed no new Laws upon them, as the Longobards did, but 
 being well fatisfied with the Longobard and Ronan Laws, they not only allow'd 
 their Subjefts to retain their own Laws, but likewile conform'd themlelves to them. 
 The firft who introduc'd new Laws, was King Roger I. as fhall be fhewn in the 
 following Book. 
 
 THE Feudal Laws, which for the moft part had their Rife from thofe of the 
 Longobards, remain'd likewife intire as they were before, and the Laws of the Em- 
 perors which hitherto had been eftablifh'd, were by the Normans no lefs regarded, 
 and order'd to be oblerv'd. And the Greeks and Saracens, who knew nothing of 
 Fiefs, having been expell'd Puglia, Calabria, and Sicily, the Normans introduc'd 
 them into thefe Provinces, and that Ifland, as they had been in the reft of the 
 Provinces that had continu'd longer under the Dominion of the Longobards. 
 Whence the Number of Barons increas'd, and befidcs thofe that were in the 
 Principalities of Benenjento^ Salerno, and Capua., the Counts of Converfam, Trani, 
 
 LeccCf
 
 Book X. ?/:7^ K I N G D o M 0/ N A P L E S. 48 ? 
 
 Leccc, Monopolr, Aiidria \ and many others, likcwife ftarced up in Puglia, and in 
 Calabria, t\\o(t of Catauzaro, Swopo/i, So ni lace, Cofeiiz', tarjla, BifmiauolGtracc 
 Melito, Policaftro, and manj othcfs. ^ ' 
 
 AND thefe two Provinces retaken by the Creeks from the Longohards thouf h 
 for a long Time they had had Experience of the Greek Government ; neverthelefs 
 when conquer'd by the Normans, had the Longobard Laws immediately introduc'd 
 into them, and all their Cities were govern'd according to their Ufages ; and even 
 Bari, that was the chief Seat, firft of the Deputies, and afterwards of the C.itjpan/ 
 was more obfervant of the Longobard Laws than all the other Cities and the Cuftom* 
 of this City, are deriv'd from none other but thefe Laws ; for which Caufe Roger I. 
 King of Sialy, after he had taken this City, being about to eftabliih good Laws iii 
 it, was requeftcd by the Barefians, to allow them to retain their own Cuftoms, and 
 particular Conftitutions, which were taken from the Longobard Laws, their' City 
 having been long under the Lcngobards, fuch as yjjo, Melus, Meraldizus, Grimoaldns, 
 and other Princes o{ Longobard Extradion^ and Roger having read and commended 
 them, ordain'd them to be obferv'd, and even to our Time, they are in Force '. 
 
 THE Normans, for very near a whole Century, from the Time they conquer'd 
 Ptiglia to King Roger I. had i'o great a Regard for the Longobard Laws, and pre- 
 ferr'd them to all others,^ that they pafs'd in thefe Provinces for the common Laws ; 
 and our Profeflbrs apply'd themfelves to the Study of none other, for they had all 
 Authority and Force in the Tribunals, and by them alone Caufes were decided. 
 
 THE Ro?}3an Laws, as we have often obferv'd, were only retain'd by way of 
 Tradition j and they had rcmain'd amongft the common People (who are always laft 
 in laying afide the antient Ufages) as old Cuftoms, and not as written Laws. The 
 Roman Jurifprudence, and the Books of Jufiinian, in which it was contain'd (like 
 all other Learning) had been forgot, and were very little known in thefe Times, and 
 thefe Parts j fb far were they from being read. 
 
 B U T in this Place, we ought not to rob the Monks of Cajfino of their deferved 
 Praife, who were the firft that endeavour'd to recover all forts of Learning out of 
 the Darknefs wherein it had fo long lain. The Care of the famous Abbot Defiderins^ 
 who being advanc'd to the Papacy, was nam'd Vtfior III. pav'd the Way to the 
 Knowledge of fome of Jujiintans Books, and of others of different ProfefHons. 
 This renown'd Abbot, after having inlarg'd that Monaftery with fumptuous Build- 
 ings, applied himlelf to find out many Books, in order to provide it with a well- 
 ftock'd Library ; and the Art of Printing not being as yet brought into Italy, he 
 with great Care, and much Expence, made a Colledion, and caus'd them to be 
 tranfcrib'd in a handfome Manner. Among other Books, there were Juftinians 
 Inftitutions, and his Noxellx ^ : For thefe Books being very rare at this Time, were 
 not in every Body's Hands, as now a Days, but, as Things very precious, were kepc 
 in Ibme famous Library. -The Church of Ro7ne made moft ule of them, and alio 
 the Emperors of the Eaft, fometimes, in making Ibme of their Conftitutions, refcrr'd 
 to them. Although fbme Copies of this Emperor's Code, were to be found in 
 France in thefe Times (which is clear from the Letters of Ivo of Chart, es') and like- 
 wife in Italy, which is manifeft from fbme Laws of the Emperors of the Weft, par- 
 ticularly of Henry II. ■», and from the Decretals of fome Popes, where fbme Laws 
 of it are quoted ; neverthelefs few made ufe of it ; even the very Profeffors negleded 
 it, becaufe it had not that Force and Authority in the Courts of Judicature, that it 
 afterwards acquir'd. 
 
 THE Pandefts had not as yet been difcover'd in Amalphis, fo that our Pro- 
 feffors could have no Knowledge of them. Yet there were fbme Copies of them in 
 France, which is clear from Ivos Letters, in which fbme Laws of the Digefts are 
 frequently quoted \ for by reafbn of their famous Libraries, the Ignorance of thefe 
 Books was not fb great in France ; and many Copies of the I'heodofian Code, and 
 its Compend, were likewife to be found there. 
 
 ' Pellegr. in Caftigat. ad An. CafT. A. inz. 
 
 * Confuetud. Bar. in proem io. Romuald. 
 Archiep. Saler. in Chron. MalTilla. Bcacil. hift. 
 di Bari, lib. 2. 
 
 ' Cliron. Caffin. lib. ^. cap. 65. Inftituta 
 Juftiniani, Novellam ejus. 
 
 "* Conftit. Henric. in L L- Longobard- lib z. 
 
 tit. 67 1. II. whtre he refers to the L. 25". C. de 
 Epifc. which is Martian'/ ; gnd to the L. 2. C. de 
 jurcjur. propter calumn which ii Juftinlan'/. 
 
 ^ Ivo Epift. 46. Undo 6f in lib. PandecVarum 
 concinctur, quoting the L- 7, 11 & i:}. D. de 
 fponfalib. ^nd in the 61). Epift. f/j< L. I £ &C14. 
 D eud tit, de fpofalib. arc ejuoted. 
 
 WITH
 
 ^g^ The Civil History of Book X. 
 
 WITH us, the Inftitutions, and Novella: of Jiifitnuvi, were to be found only 
 in the Library of Cajfino^ fo that the Ufe of them in thefe Times, was not fo fre- 
 quent in the Tribunals of the Cities of thefe our Provinces, as it is now. 
 
 THE Loiigobard were the only prevailing Laws, and each Tribunal decided its 
 Caufes according to them, and Succeffions, Wills, Contrads, the Punifhmcnt of 
 Crimes, Confifcations, and all other Judgments were regulated by them. We have 
 yet remaining amongft our antient Records, fome V.eftiges, that t^e Judges in their 
 Sentences, latd great Strefs on thefe Laws ; and Leo Ojitenfis ' relates, that the 
 Procefs which began in the Year 1017. betwixt the Monaftery of M. Cajfmo^ and 
 the Duke of Gaeta, and the Count of Irajetto, was decided both by the Roman and 
 Loiigobard Laws. Camillus Pellegrnms ' quotes a V\ rit of Richnrd II. Prince of 
 Gipua, by which a Donation was made to the Church of St. Micb/iel the Archangel 
 in Formits of many Eftates, and among others, of fome that had fillen to his Grand- 
 father by Confifcation, fccundum Longobardorum Legem. And the fame Writer ' 
 cites two Sentences, pronounc'd after thefe Times, the one in the Year 1149, in the 
 Reign of King Rc-^er, and the other in the Year 1171, in that of King IVtlliam, 
 which two Caufes we fee were decided by the Longobard Laws. 
 
 THE Judges in thefe Times, did not ufe fo much Pomp and Ceremony in 
 deciding Caufes, as are obferv'd now-a-days. Every City had its own Tribunal 
 and Judges; and Procefles were decided quickly, without muchNoife: When there 
 happen'd any Controverfy concerning Marches, they went to the very Spot, and 
 there decided the Caufe immediately ; the Parties were not aJlow'd to make Appeals 
 to remote Tribunals, but to have their Controverfies determin'd in their own Cities, 
 and by their own Judges. 
 
 ' Oftienf. lib. i. cap. qf. I ^ Pellegr. Hift.Princ. Longob. pag. 2f i 5c 2f6. 
 
 ' Pellegr. in Sremm. Princ Longob. pag. zSS. ' 
 
 SECT. I. 
 
 The frji CoUe[iions of the Longobard Jurws j and their GhJJlitors, 
 
 TH E Loiigobard Laws having acquir'd fo much Authority in thefe Times, par- 
 ticularly in thefe Provinces, all our ProfefTors apply'd thcmfelves to the Study 
 of them ; but no Perfbn hitherto having coUeded into one Volume, both the Laws 
 of the Longobards, and thofe that had been to this Time publifh'd by the Emperors 
 of the Weft, as Kings of Italy, for the Ufe of the Courts of Juftice, and the 
 greater Eafe and Conveniency, both of Advocates and Judges ; at laft about this 
 Time all thefe Laws were colleded into one Volume. 
 
 THE firft Colledion that we can find of thefe Laws, is that which is yet pre- 
 ferv'd in the Archives of the Monaftery of the trinity of the Cave, where in one 
 Parchment Volume written in Longobard Letters, are inferted ail the Edicts of the 
 Kind's of Italy, beginning from Kotaris, who was the firft that gave written Laws 
 to the Longobards. After Rotaris's Edid, that of Grinwnldus follows ; the Laws of 
 Luitprandiis follow next ; then thofe of Racbis, and laftly thofe of yJJiolpbiis, who 
 was the laft Longobard King that made Laws ; for, as we have faid, Dejlderius his 
 Succeflbr, and the laft of the Longobard Kings, being ingag'd in continual Wars, 
 had not Time to think of Laws. But, notwithftanding that Charles the Great had 
 Gy^^c\V\X Defidcrtus, and the Kingdom of Italy had been tranflated fi'om the Longo- 
 bards to the French, neverthclels, the Dominion of the Longobards continu'd in 
 thefe our Provinces, in the Princes of Beneveuto, who, after the Example of the 
 Lon<icbard Yi\r\gs, eftablifli'd many Laws, which, for a long Time, were obferv'd in 
 the Principality of Benevcnto, which in thele Times comprehended almoft all the 
 now Kingdom of Naples-, therefore the forefaid Compiler, who undertook this 
 Labour for the Benefit of our Countrymen, inferted jikewife in this Volume the 
 Capitularta oi Arechis, firft Vnnct oi Bene'veuto, and thofe of y/t/c/o'vj his Succeffor j 
 and after having inferted Ibme fmall Pieces of his own, he adds a ftiort Expofition 
 of fome of the Laws, for the Ufe of the Beiicventans, but more efpccially for the 
 
 Captians,
 
 Book X. /^^ K I N G D o M 0/ N A P L E S. 48 - 
 
 Ctpuvts, for whom he declares he had undergone that Trouble j fb that on that 
 account, and fomc other Conjedtures, Cahiilliis Pelle^nuns ' fufpeds the Author to 
 ha\'e been a C.ipnau. In this Colieclion he likewife adds fome Imall Law Treatifcs 
 of his own, under iheie barbarous Titles, ^tantas caufas debet ejfe Judicata fine 
 Sacrajiientum. Item quantas caufas fieri debet per ptmia Judicata. Memoratcriiim pro 
 qiiihus cattfisfilii ab bcereditate Patris exeredati fieri debet. 'I he Qrpitularia o{ Charles 
 the Great, Pepin, Leivis, and of the other Emperors, who were Kings of /r^/y after 
 the Longobards were expclfd by Charles the Great, conclude the Book. 
 
 THIS is the moft ancient Colledion of the Lougobard Laws that we have 
 made by a Capuau, whole Name we are ignorant of, which never being printed is 
 prelerv'd in the Archives of the Monaftery of the Cave. Pellegrimis fuppofes it to 
 have been made in the Beginning of this eleventh Century, about the Year looi, 
 or foon after ; for the Author inlerts in it a Lift of the Dukes and Princes of Beue- 
 I'f iito, and of the Counts of Capua, and brings it down to the faid Year, to Adimarus 
 Prince of Capua. Befides he difcovers that he knew Pandolphns Capodiferro Prince 
 oi Capua, who died in the Year 981. And this is both the firft and moft ancient 
 Author that we can dilcover to have written Treatifes on the Law adapted to thefe 
 Times, in which all the Care and Study of our Profeftbrs were employ 'd about the 
 Longobard Laws. 
 
 1 H E R E are different Sentiments concerning the Author of that other common 
 Compilation divided into three Books, and diftinguifh'd into many Titles, which is 
 now inferted in the authentick Volume. The Feudal Books, where many Longo- 
 bard Laws contain'd in it are quoted, evince that it is ancient \ Some ^ believe it to 
 have been made in the Time of the Emperor Lotbaire III. or II. by Petrns Diaconus 
 a Monk of Cajfino, akho' for his own private Study, yet it was by the Perfuafion of 
 the lame Emperor Lotbaire ; for 'tis evident, that Petrus Diaconus was his Lieutenant 
 in Italy, and appointed Keeper of his Regifter, and Almoner of the Empire "*. They 
 infer it, from not feeing any Conftitutions of the fucceeding Emperors in this Com- 
 pilation ; for tho' in the laft Editions of Lindenbrogius and the Vulgar, we read a 
 Conftitution of Charles IV. yet 'tis evident that was added afterwards, becaufe it is 
 not to be found in the Colledlion ofMelchior Goldaftns, which is more ancient than 
 the Edition of Liadenbrcgius ; neither does that Conftitution regard Italy in the leaft. 
 Strwvius ' adds another Conjed.ure, from feeing that Ibme Copies bear the Name of 
 Petrus Diaconus. 
 
 OTHERS by oppofite Arguments make it doubtful who the Author was. 
 They think Petrus Diaconus was not, becaufe in the Chronicle of the Monaftery of 
 Caffino * he gives a particular Account of all the Works he had compil'd after he 
 became Monk, and makes fuch an exad: Catalogue of them, that he fets down the 
 Proems he had made to fome Books that were not of his own compofing, and relates 
 two Hymns he had made to St. Jiifta, and fomc Sermons, and other Imall Pieces ; 
 but makes no mention of this Compilation ; whereas if he had been Author of it, he 
 would not have fail'd to tell it with great Oftentation, feeing, when he had occafion 
 to mention his own Works, tho' of little Moment, he did it with a great deal of 
 Complacency. Add to this, that Carlo di Tocco, our moft ancient Civilian, in the 
 Proem he made to the Gloffes of thefe Books, fpeaking of the Compilers, fays, that 
 they were fb ancient, that he had not been able to learn their Names ; and he 
 flourifh'd very near the Time of Lo/teVe, for he was alive in the Reign of /^////tj;« 
 King of Sicily, and would have known if Petrus Diaconus had been Author of this 
 Compilation. 
 
 HOWEVER that may be, 'tis certain, that this fecond Colledlion divided 
 into three Books, tho' poorly done, without Order of Time, and very confuledly, 
 had better Fortune than the firft, that v/as more Methodical, and in which, accord- 
 ing to the Order of Time, all the Edicts of the Longobard Kings, and 'the Capitularia 
 of the Emperors, who were Kings of /^?/y, were colleded. This never having been 
 printed, lies yet buried in the Archives of the Monaftery of the Cave: On the con- 
 trary, that of which Petrus Diaconus is faid to be the Author, has been often 
 
 ' Pcllegr. ill Append, lib. i. hlft. Princ 
 Longob. pag. ;oc. 
 
 '■ Lib. I. Feud. 10. & lib. z, 21, & 28. 
 Struv. hift. Jur. Gothic. & Lo:igob. §. i. 
 
 ^ Conring. tie Orig. Juris cap. 23. Ii.^ix.. 
 
 CoUcft Conft. Legum Imp. in Proieg. Struv. 
 loc. cit. 
 
 ■♦ Chron. Cairm. lib. 4. cap. izf. 
 
 ' Struv. loc. cir. 
 
 "* Chron. lib, 4. cap. 66. 
 6 K piintcd.
 
 , 86 The C I V I L H 1 5 T o B- y of Book X, 
 
 printed, fomotimes feparately, and Ibmetimes with the Authentick Volume- and 
 Bafiitiis Joannes Eriold caus'd them to be re-printed in Bcifil in the Year 1557, with 
 the Salick, German^ Saxcn, and Britip Laws, and likewiie thole of other Nations, 
 Mdchicr Goldafiiis caus'd another Edition to be printed ^ and Frederick Lindenbrogius 
 made it to bere-printcd anew, and added it to the Code of the ancient Laws. 
 
 THE Credit and Authority which our Forefathers gave to thefe Books, were 
 fuch, that all Law Suits were decided in the Tribunals according to them ; there- 
 fore our moil: ancient Profeflbrs cmploy'd themfelves in commenting and making 
 Notes upon them. Carlo di 7'ccco, was the firft, who with very long Glofles 
 illuftratcd thefe Books. He was born in the Village of fTofco, near Bene'vento^ from 
 which, according to the Cuftom of thole Times, he took his Surname ; and follow- 
 ing the Example of his Forefithers, and being the Son, as he fays, of a Dodor of 
 Law, when a Youth he went to Bologna to learn the Civil Law ; and he had the good 
 Fortune to have Ph.cciitius ', Joannes % Otho Papienfts ', and Bagarotto * for 
 I^Iarters, who had been Difciples of the famous Irnerius. Being return'd to the 
 Kingdom, he was made a Judge in Salerno ' ; and while he was yet young, in the 
 Year 1162, in the Reign of IVilliam I. was made Judge of the High-Court *. He 
 was reputed the moft famous Lawyer in his Time, and his Memory has been cele- 
 brated by his SuccelTors. 
 
 THIS Lawyer had the fame Reafon to illuftrate the Longohards Laws, as Her- 
 rnogenianus and Gregorius had to compile their Codes. Thefe two Lawyers per- 
 ceiving, that the ancient Jurifprudence of the Heathen Romans was falling into Con- 
 tempt by the new Laws of Chriftian Princes, relblv'd by their Codes to prevent this, 
 and at Icaft to prelerve the Ron/an Law in Writings. So in the Reign of IVilliam, 
 when the Pandeds being already found in Amalphts, were begun to be taught in the 
 Academies oi Italy, the Lawyers of thefe Times, charm'd with the Elegancy of their 
 Stile, were induc'd to ftudy them, and by that means they began to look upon the 
 Longobard Laws as barbarous and unpolite, fo that the Study of them was neg- 
 kded. Irnerius, Bnlgarus, Martinns, Jacobus, Hugo, Pileus, Rogerius, and 
 others had commented in their own Times on the whole Body of the Civil Law ; 
 and after their Example, all the reft left off the Study of the Longobard Laws. 
 ^\'hcrefore Carlo cU 1'occo, to preferve the Longobard Laws from falling into Contempt, 
 and to encourage the Study of them, after he had made himfelf Mafter of the 
 Pandedts, he made it his Bufmels to explain and confirm the Longobard by the 
 Roman Laws in his Glofles, which for the moft part contain nothing but Quotations 
 from the Roman Laws, in order to encourage the Profeflbrs to ftudy them, and 
 plead them with greater Advantage in the Courts of Juftice, where the Pandects 
 in his Time were of no Authority, as we (hall fliew in a more fit Place. This his 
 Labour was Co ufeful, and lb much commended by Pofterity, that it acquir'd Force 
 and Authority little inferior to the Laws themfelves ; and Andrea d' Ifernta, ipeaking 
 of 7'occo\ Gl'oflles on the Longobard Laws, fays, Plurtvmm in Regno approbatur '. 
 Luca di Penna, Matteo d'Afflitto, and others give them the fame Commendation. 
 
 FOR the fame Reafon, in the Time of the Emperor Frederick II. when the 
 Roman Law was in fuch Requeft as to engage all Profeflbrs to ftudy it, who to their 
 own Detriment, had forgot the Longobard Laws, by which alone they could carry 
 a Point in the Courts of Juftice: Andrea Bonello da Barletta wrote his Com- 
 mentaries upon the Longobard Laws ; where he takes Notice of all the Differences 
 betwixt the two Laws, that for the future the Advocates might have no occafion 
 to miftake, by minding only the Roman, and negledling the Longobard Lawsi for in 
 pleading the Roman only, they had been often oblig'd to fubmit, and quit the Field 
 to ProfelTors of inferior Degree and Learning. Thus he lays it happen'd once to a 
 great Advocate, who with a great many Flourifhes in defending a Caule, had cited 
 many Roman Laws for his Client ; and after he had harangu'd himfelf out of Breath, 
 there ftarted up a Pettifogger on the other Side, with the Longobard Laws under his 
 Gown, which he produc'd in Court ^ and reading thole that made for his Purpofe, 
 
 ' Carol.de Tocco glof. in 1. i. Longob. de 
 Scandal. 1. fi quis6. de eo qui pecul. lib. i. 
 
 L. Long. 1. fr quis puellam, deiiijm. muUer. 
 1. fi quis aliis, de Adulter. 
 
 ' L-riquis4. dehis, qux a viro. 
 
 ■* L 4. de Ukim. voluiu. 
 
 6 
 
 ' L. fi quis cum alrero, de Teftlb. 
 
 * Ciarlant. lib. 4. cap. i;. Toppi de Ori'g.' 
 Trib. M.C. cap. 10. 
 
 ' Andr. de llern De his qui Feud. dar. polT. 
 S- & quia. 
 
 obtain'd
 
 Book X. ?/j^ Kingdom 0/ NA P L E S. 487 
 
 obtain'd a Decree, to the great Shame of his Antagonift, who fiieak'd ofF in 
 Confufion. 
 
 ylNDKEA was Attorney-General under the Emperor Fre^fW/t II. and ia 
 great Efteem with this Prince, who by his Advice inftitiited the Court of Capua. 
 He was a Lawyer of great Fame in his Time, and had in great Reputation by his 
 Succeflbrs. Andrea de Jfernia ' calls him an able Dulior ; Matteo d' Ajfflitto ' a ereat 
 Profejfor of the La-ju ' ; and others mention him with great Encomiums. Bcfides this 
 moft ufeful and neceffary Work, for the Knowledge of the Difference betwixt the 
 two Laws, he compos'd other Commentaries upon the Rot/w;; Laws, often quoted by 
 Napodaiius and Affiitto ; for, excepting thefe Authors, we do not find them quoted 
 by any other, which makes us believe they have been mix'd with the Works of 
 others, as his Comments on ourConftitutions, by the Carelelinels of theTranfcribers 
 were confounded with thofe o{ Marino di Caramanico^ fo as they can be but ill diltin- 
 guifli'd at this Time. 
 
 B lASE D A MAR CONS, who liv'd in the Time of King Robert, and was 
 his Counfellor and Favourite, likewife wrote Commentaries on the Lctigohard Laws''. 
 He compos'd a large Volume, and Marino Freccia, as he fays in his Book of Sub- 
 Fiefs, had the Manufcript. Francefco Vivio ' calls him a Man of great Authority in 
 the Kingdom, and efpecially for his Treatife of the Difference between the Roman 
 and Longobard Laws ; he was Contemporary with, and a Friend of Luca di Penna, 
 and a Difciple of Benevenuto di Milo Bifhop of Caferta^ to whom he ow'd great 
 Obligations for bringing him from Nothing to the Condition he was in. Niccolo 
 Boerto likewife employ 'd his Labour on thefe Laws. And in later Times, under the 
 Emperor Charles V. Giambattifta Neiina di Bari, a fimous Lawyer of his Age, 
 compos'd a Book upon thefe Laws, with an Alphabetical Explication of the abftrufe 
 Longobard V^' oxAs J which he caus'd to be printed in Venice in the Year 1537. But 
 in procefs of Time, the Force and Authority of thele Laws declining, at laft they 
 came to be difus'd, fo that our Profeflbrs minded them no more, and now they are 
 quite laid aflde. 
 
 ' In Conftlrut. minorlb. de Jure Balil. • '• Viv, Decif. I6^ 
 
 ' In eadem Conftit. in princip. J ^ Beatil. Hift. di Bari, lib. 4. 
 
 ^ Ciarlant. del Saniiio, lib. 4. cap. 26. J 
 
 SECT. It. 
 
 Learning revivd amongjl us by the Means of the Monks of CzWmo. 
 
 IN the Beginning of this Century Mens Spirits being rour'd from the Lethargy 
 in which they had been in the preceding, apply'd thcmfelves to Learning ; and 
 the Differences between the Emperors of the Weft and the Popes, and between the 
 Greeks and the Latins, incited Men to apply their Minds to ftudy, and gave occafion 
 to thofe who were attach'd to one of the Parties, and who had any Capacity, to 
 employ their Pens, and to fhew their Parts. The Schifm, which at this Time 
 divided the Greek and Latin Churches, and particularly the Difpute about the, 
 Opinion concerning the Proceflion of the Holy Ghoft, likewife excited Men of 
 Learning to a more than ordinary Study, both of the Scriptures and Theological 
 Writings. Some imitated the Ancients very near both in Stile and Manner of V\'ri- 
 ting ; but for the moft part being ignorant of Languages and Hiftory, they favour'd 
 of the Barbarifm and Harfhnefs of the preceding Century ; and fome fell into the 
 dry and barren Dialedtick Way. The Study of Divinity and other Sciences, which 
 had been negledted in the foregoing Century, was revivd among us by the Monks, 
 but Specially by thofe of Monte Casino. At the firft every one was fitisfied to follow 
 the ancient Method, and to quote the Explication of the Fathers upon the Holy 
 Scriptures; and did not treat of Points of Dodtrine but flightly and cafually. But 
 towards the latter End of this Century, Ledures of Divinity on Points of Religion 
 came in ufe ; and fundry myfterious (^ueftions were propos'd, and folv'd by way of 
 Reafoning, in a Logical manner. The Books oi Ariftotle began to be known among 
 the Arabs, who brought them to us i and our Divines thought tliey would be ufeful 
 
 in
 
 ^88 'The Civil History of Book X. 
 
 in the Dilputes againft the Jews, and the Arabs themfelves, therefore they adapted 
 them to our Religion, the'Dodrine and Morals of which they explained according 
 to the Principles of this Philofopher, and treated of the Dodlriiie of the Scriptures and 
 Fathers after the Order and Rules of Logick and Metaphyficks taken from his 
 Writings. This was the Rife of Scholaftic Divinity, which iboii after became the 
 Principal, and almoll the only Study of our Monks and Schools. 
 
 THE Monks of Caffuio diftinguifh'd themfelves in this Age among us above all 
 others j they applied themfelves to thefe Studies, and with |reat Care kept up the 
 Scholx Sacrx amongft us, wherein the Catechifm was carefully cxplain'd by able 
 Divines, of which in thcle 'I imes there was a great Number. Befides the famous 
 Abbot Dcjidcritis fo remarkable in Hiftory, there was Alfano, who from Monk of 
 CaJJiiio, was afterwards madeBifliop ofSalcnin, and compos'd many Works, of which 
 Petriis Diacoiius, and Gwvanna Baptrfta Maro give us the Catalogue '. There was 
 Alberico di Settefrati, a Village fituatcd in the Dukedom o£ Ah'ito, a Monk of 
 Caffiiio, who likewife fignaliz'd himfelf both by his Piety, and many Works which 
 he wrote '. Or^cr/yJo defcended of the Counts of ilfrt;-/, v/hoCeWorks Petrus Dia- 
 coniis and Maro relate. Pandtilfo Capuano, who flourifli'd in Cajfino under the Abbot 
 Defideriiis in the Year 1060, and who diftinguifh'd himfelf above the reft both in 
 Sacred and Prophane Learning, as may be feen by the Catalogue of his Works, 
 which Petrus Diacomis has left us K The Monk Amato, Gionjdiini Abbot oi Capua ^ 
 of whom DiaCDiius and Maro dilcourfe at large. Petrus Diacoiins himlelf, and 
 many others, who by their Works have left ftiining Monuments of their Worth. 
 
 THE Monks of CaJ/ino not only fignaliz'd themfelves in thefe Studies, which in 
 a manner was peculiar to them, but likewife diftinguifti'd themfelves by good 
 Literature ; for the little Share of it that was amongft us in thefe Times, was con- 
 fin'd to them, and whatever Knowledge there was of it in our Provinces was owing 
 to them. For we obferve in the Chronicle "* of that Monaftery, that Albertco com- 
 pos'd a Book of iliir.^cA, and another oi Logic. Pandolfo Capuano wrote de Calcula- 
 tione, y de Ltiiia ; and others upon the like Subjedts, as may be feen in Petrus 
 Diaconus % and by the Catalogues of their Works which he compos'd ; and others 
 employ 'd their Labour in feeking after Books of various Erudition and Sciences, and 
 in tranfcribing them, as Defiderius did, who befides the Books belonging to 
 Sacred and Ecclefiaftical Affairs, caus'd to be tranfcrib'd, the Hiftory of the Romans 
 and the Goths, written by Jornandes ; the Hiftory of the Longobards, Goths and 
 Vandals ; the Hiftory of Gregory of Tours ; that of Jofephns the Jeiv de Bello 
 yudaico ; that of Cornelius I'acttus, and Homer. The Hiftory of Erchempertus Cref- 
 coniits de Bellis Lybicis, Cicero de Natura Deorum, Terence and Horace. OiicCs 
 Tafti, Seneca, Virgil, with the Eclogues of 'Theocritus, Donatus, and other Authors. 
 Neither was the Care and Diligence of P. Diaconus lefs afterwards, who, befides his 
 own Works, collefted the Aftronomy of the moft ancient Books. He gave us a 
 Compend of Vitrwvius de Arcbite£lura ; a Book de generibus Lapidum pnetioforuniy 
 and many others, of which he made a long Catalogue. 
 
 V.ToppI ScNIcod. in Biblior. Neap. 1 '' Chron. lib. 5. cap. ;f. 
 
 v. Ciarlant. del. San. lib. ;. cap. 54. I ' De Viils illuftr. Monac. Caflin, 
 
 P. Diac. de Viris illuftr. cao. rd. • 
 
 SECT. iir. 
 
 of the Schola Salerni, fatnous in thefe Times for the Study of Philofophy and 
 Phyfic brought hither by the Arabs. 
 
 WE are not to think that the Arabs have always profefs'd Ignorance, as is 
 commonly believ'd, bccaufe they were Mahometans ; there were amongft 
 them Men of notable Knowledge, whole Writings would fill the greatcft Libraries. 
 More than Three hundred Years before this eleventh Century, they ftudied with 
 great Application ; and their Application was never greater than in thefe Times, 
 when Learning was at the loweft Ebb with us, to wit, in the ninth and tenth 
 
 Centuries.
 
 BookX. the Kingdom 0/ N A P L E S. ^%^ 
 
 Centuries. In whatever Country, by their fo many Conqueft.i they eftablifti'd thcm- 
 fclves, they ciiltivatcd the Study of two Things ; the one peculiar to tlicm, re- 
 garded their Religion, or the Alcorau, and the Traditions which they alcribe to 
 Mahomet, and to his firll Dilciples and Interpreters, from whom fprung the four 
 Sedts mcntion'd in the fixth Book of this Hiftory ; the other regarded that Learning 
 which they liad taken from the Greeks^ which was but new, with refpedl to that of 
 the Ml ffuliiijiis^ which was as old ns tlieir Religion. 
 
 THIS People, as we have related cUewhere, having fubdud many Countries of 
 the Korean Em.pire, and ravag'd many Provinces of AJ'kj, amongft the Spoils and 
 Bociy they iiad made in Greece, by chance found fome Books, and apply'dthemfelvcs 
 wit!i extraordinary Eagerncfs to the Study of Learning ; and they were fo keen, 
 that about the Year 820, they made the Calif Almanon demand of the Emperor 
 ox Conftr^iitiucple, the befl: Greek Books, which when they had got, they caus'd them 
 all to be tranllated into Arabick. But they made no ufe of the Poetical V.orks 
 that were amongft thofe Books, becaule Icfides that they were written in a foreign 
 Lnni^uage, and of a quite different Tafle from theirs, they had fiich Regard fcr 
 the!'- ow.i Religion, as made them abhor Idolatry, and reckon it unlawful to read 
 them, and defile themfelves with fb many Names of falle Gods, and io many Fables, 
 with which they were ftuff'd. The fame Superftition made them deteft the Books 
 of Hiftory, becaufe they defpis'd what was more antient than their Prophet 
 Mahomet. As for Political Books, they certainly could have no ufe for them, be- 
 caufe the Form of their Government wr.s quite different from that of more free 
 Nations : They liv'd under an Empire altogether Defpotick, where they had no oc- 
 cafion to open their Mouths, but in order to flatter their Prince j and could pretend 
 to nothing, but to obey their Sovereign. 
 
 THEREFORE they found no other Books fit for their Ufe, but thofe that 
 treated of Mathematicks, Phyfick, and Philolbphy. But as they were neither 
 feeking Politicks nor Eloquence ; fb Plato^ Lelfons were of no Ufe to them ; be- 
 caule in order to underftand him well, the Knowledge of the Poets, who treat of 
 the Religion and Hiftory of the Greeks was neceffary. Therefore having found the 
 Works of Arijlct'.e, Hi-ppocrctes and Galen, they ftudied them with great Application. 
 Arifiotk's Logicks and Metaphylicks pleas'd them wonderfully, which they ftudied 
 with great Ardour and incredible Afiiduitv. They likewife apply'd themfelves to 
 his Natural Philofophy, particularly the Eight Books, which contain it only in 
 general, whereas the fpecial Phyficks, which requir'd Experience and Obfervations, 
 they did not reckon fo neceffary. 
 
 THEY had a particular Regard for Phyfick, and ftudied the Books of Hippocra- 
 tes and Galen i but they founded it chiefly on general Difcourfes on the four Qua- 
 lities of the Temperature of the four Humours, and on traditional Remedies, with- 
 out examining nicely into them, but mixing them with an infinite Number of Super- 
 ftitions ; and no ways improv'd the Anatomy, imperfect as it was, which they had 
 received from the Greeks. But as for Chymiftry, if they were not the Inventors, 
 at leaft they were the Improvers of it ; but they blended it with fo many Extrava- 
 gancies, that to this Day it has been no eafy Matter to purge it ; they fturt"d it with 
 fo many vain Pretenfions, idle Difcourfes, and fuperftitious Operations, as after- 
 wards produc'd Quacks and Mountebanks. From the Study of Chymiftry, they 
 were eafily led to that of Magick, and all Sorts of Divination, to which Men are 
 naturally addifted, when they are ignorant of Natural Philofophy, Hiftory and 
 true Religion. What much promoted thefe Delufions, was Aftrology, which was 
 their chief Aim in ftudying Mathematicks. In a Word, they cultivated this pre- 
 tended Science under the Empire of the Mujjhlmans, with fo much Eagcrnefs, that 
 it has always been the Delight of their Princes, who build their greateft Entcrpri/es 
 on this weak Foundation. The fame Calif Almanon,^ took in hand to calculate the 
 famous Aftronomical Tables, and it muft be confefs'd, that by his Obfervations, 
 and the other ufcful Parts of Mathematicks, fuch as Geometry and Arithmctick, 
 they are become very ferviceable. Algebra, and the numerical Figures, are owing 
 to them ; whereby Arithmctick is fince become fo eafy. As for Aftronomy, they 
 had the fame Encouragement, that induc'd the antient Egyptians and Claldeans to 
 apply themfelves to it,' becaufe they inhabited the fame Countries, and befides, had 
 all the Obfervations of the Antients, together with thofe oi the Greeks. 
 
 6 L THESE
 
 49© ^he Civil History of Book X. 
 
 Thefe People, making Incurfions into the Pro\inces of Europe^ in the mod 
 barbarous and unciviliz'd Times, when Ignorance and Stupidity were at their Height ; 
 either by the Names of the ftmous Mafters, under whom they had ftudied, or on 
 account of the long Voyages they had made, or for the Singularity of their Opinions, 
 gain'd great Credit andRefped in the Countries they came to^ they made it their 
 Bufinels to diftinguifh themfclves by fome new Logical or Mctaphyfical Subtleties, 
 and dwelt only on what was marvellous, rare and difficult, and ncgleded what was 
 plealant, convenient and ufcful. 'i herefore they were admir'd in Eurcfe^ and their 
 learn'd Men had in great Efteem. The Books of Mefiies, A-viccuna and Averrocs, 
 the orcat Commentator Kc.Jis, and many others, were in great Efteem and Repu- 
 tation among us. And Charles the Grej.t caus'd their Arabick Books to be tranflated 
 into L'ltin^ as alfb ibme Greek Authors, that had been tranflated by them into 
 Ardbick in order to diffule their Learning through all the Provinces of his Empire. 
 Whence the Frciiclj and other Latin Chriftians, learn'd from the Arabs, what the 
 Arabs themfelves had learn'd from the Greeks, to wit, Ariflotle\ Philofophy, Phy- 
 fick and the Mathcmnticks, but flighted their Language, Hiftory and Poetry, as 
 the Arabs had flighted thole of the Greeks. And we receiv'dthis kind of Learning, 
 thus corrupted by the Arabs : Their Philofophy was empty and ufelefs, becaufe 
 widely different from true Natural Philofophy, which requir'd Experience and 
 Obfervations : Their Aftrology full of Deluflon, and foolifh Divinations ; but 
 above all, their Phyfick was ftuff'd with Impertinence and Superftition. 
 
 THE firft Books then on thefe Subjefts, that were read and ftudied, were thofc of 
 the Arabs, and on phyfick, among others, thofe of Meftics and Aviceniia ; and the 
 firft that ftudied them, were the Clergy and Monks, for Learning was confin'd to 
 them ; and in thefe Times, they were the only Philofopherssnd Phyficians. Whence 
 v/e read, that in France, Fulbert, Bifhop o^Cbartres, and the AL{%!fter Sententiarum^ 
 were Phyficians : Obizns, a Religious of St. Vi£lor, was Phyfician to Lex'/J the 
 Grofs ; Richard, a Monk of St. Denis, who wrote the Life of Philip Angtifius, was 
 likewife one. And in thefe our Provinces, the greateft Prelates, and the moft 
 famous Monks of Ca£ino, were the beft Phyficians, as we ftiall fee ; and this Pro- 
 feffion was fo ingrols'd by the Ecclefiaftical Order, that a Council held in the Lateran 
 in the Year 1 139, under Innocent II. look'd upon it as an inveterate Grievance, that 
 the Monks and regular Canons, in order to inrich themfehes, were profels'd Ad- 
 vocates and Phyficians ; and becaufe the Council took only Notice of thole religious 
 Orders, Phyfick continu'd to be pracflifed by the Clergy, for the Space of Three- 
 hundred Years more. 
 
 I N the preceding Books of this Hiftory, we have ftiewn how many Occafions 
 the Inhabitants of our Provinces had of correfponding with thefe Arabs, whereby 
 they had Opportunities of learning thefe Sciences, efpecially when the Saracens were 
 fettled in Garigliano, Puglia, Monte Gargano, Bari, Salerno, Pozzuolo, and many 
 other Places ; lb that in our common Language, there are many of their Words 
 •which continue to this Day, as was obferv'd ellewhere ; and there are yet preferv'd 
 in Pozzuolo, four Marbles with Inlcriptions in P.elievo, of Oriental Saracenical 
 Letters. Befides in thele Times, there was great Communication with the Arabs, 
 who were in PoflTefiion of more than the Half of Spain ; and we had continual In- 
 tcrcourfe with them by our frequent Voyages in thele Times to the Eaft, on account 
 of the Crufades. 
 
 BUT as their Learning, and efpecially their Phyfick, took fo deep Root in the 
 
 City of Salerno, that this City above all others of our Provinces, was renown'd for 
 
 the famous School founded there, yet, for any thing I know, none of our Writers 
 
 has hitherto clear'd that Part of our Hiftory. Thole, who believe the Scbola 
 
 Salerni to have been inftituted, together with that of Parts and Bologna, by Charles 
 
 the Great, are widely miftaken ; for it has been demonftrated in this Hiftory, that 
 
 Charles could not found an Academy in this City, becaufe it was never fubjedt to 
 
 him : And when the Schools of Pans and Bologna are laid to have been founded by 
 
 Charles the Great, there were fuch obftinate Wars between him and Prince Arechis, 
 
 that it was not pofiiblc to put an End to them, and Arecbis had ib well fortified 
 
 Salerno, that it was look'd upon as the moft fecure Retreat of the Longobard ]^T'mccs 
 
 againft the Power of Charles and his Sons. 
 
 THERE-
 
 Book X. ?/^^ K I N G D o M 0/ N A P L E S. 40 i 
 
 THEREFORE this School muft be of a later Date, nor was if at Fnii au- 
 thorized by the Laws of any Prince, nor had it the Name of an Academy, Col/ewe 
 or Univerfity, bi.t that of a fimple School. It begp.n to be cftabliOi'd 'in S.ilcnio 
 becaufe the Oriental and African People had frequent Occafions of landins^ in this' 
 Mar time City. The Sarjcevs vifited it often in the Time of the laft Loiigobard 
 Princes, lb that the y^r<^^j had occafion to make long and frequent Stays in ir. We 
 havefhewn in the preceding Book, that Ibmctimes from Ajricd^ and often from the 
 neighbouring S:c:ly, they came on the Coaft, and terrified the 6". '/e/-;//to/j who to 
 prevent the Ruin of their City, their Fields and neighbouring Caftles, not having- 
 Force of their own fufficient to repel them, often purchafed their Peace with Sums o? 
 Money. And while the Officers appointed by the Prince collected the Contributions 
 among his Vaifals, the Saracens landed and corivers'd familiarly with the Salcrnitans. 
 Hence the Sakriiitans had an Opportunity to learn their Philofophy, but they 
 appiy'd themfclves moftly to the Study of Phyfick, in which they became eminent ; 
 and it was not till the Time of Gitaiinarus ths Elder, that the Salernitans were, by 
 the gallant A^orw.7«i, freed from being thus plagu'd by ihc Saracens. 
 
 BUT among others that ra.ide the Scbo!.'. SaJerni famous, Conflantinus Africanus 
 was one. He was born in Carthage, and by his Travels in many Parts of Afia and 
 Africa, had learn'd amongft thefe Nations various Sciences; "but above all had 
 applied himfelf to Phyfick and Philofophy. He had travel'd to Babyiiji:, where he 
 learn'd Grammar, Logick, Geometry, Arithmetick, Alathematicks, Aftronomy, 
 and the Phyfick of the Chalde^rns , Arabs, Perfians, Saracens, Egyptians and Indians ; 
 and after 39 Years Study in thofe Parts, he return'd to Africa. But the Africans, 
 who could not bear to be eclips'd by his great Teaming, refolv'd to murder him ; 
 of which Confianttne being appriz'd, he imbark'd in the Night-time, and arriv'd in 
 Salerno, where he remain'd privately in the Dilguife of a Beggar '. 
 
 THE City of Salerno, as we have faid ellewhere, being ifrequented bv People of 
 all thefe Nations, the King o? Babylon's Brother, much about this Time,' arriv'd in 
 it j perhaps led by Curiofity to fee this City, which Robert Gnifcard had made a 
 ^letropolis, and the Seat of his Refidence, and now, by the continual Traffick and 
 Refort of all Nations to its Ports, it had become the Mart of the Weft. Conftan- 
 tine was difcover'd by this Prince, who fo extoll'd his excellent Endowments, that 
 Duke Robert recelv'd him with all Refpedl imaginable, and did him all the Honour 
 which was due to his Merit. Therefore he ftaid long in Salerno, where he had 
 Leifure to promote the Study of Philofophy, and efpecially that of Phyfick, which 
 was more cultivated there than any other Science : After having remain'd manv Years 
 in Salerno, he retir'd to M. Cafjino, where he became Monk ; and fpent all the Time 
 he was in that Monaftery, in tranflating Books from different Languages, and 
 compofmg many Treatifes of Phyfick, of which Petrus Diaccnus '^ gives us a 
 Catalogue. 
 
 THUS the Reputation of the Schola Salerni increas'd, which in a great meafure 
 was owing to the Monks of Cafjino, who much improv'd the Study of Phyfick. 
 Thefe Monks had appiy'd themfelves to this Study, from the Time of Pope 
 fobn VUI. and Baffaao their Abbot, a moft knowing Phyfician, compos'd Ibme 
 Books ', wherein he treats of the Qualities and Ufe of many Medicines, for it was 
 not look'd upon in thefe Times, as unbecoming the Clergy and Monks to profefs 
 Phyfick; And in the City of Salerno, and elfewhere, the moft remarkable and 
 noble Perfbnages were not afham'd to profefs it. Leo Oflicnfs ** relates, that Alfano 
 Archbifhop of Salerno was moft expert in Phyfick, and that he made it his chief 
 Bufinefs to cure the Sick. Romualdiis Gitarva, likewife Archbifhop of that City, 
 did not think it below him to profefs it, as all the Noble >S'<^/fr/«/f?«j- reckon'd it 
 their greateft Honour to be learn'd in it, and to praflife it, and this Cuftom con- 
 linu'd in Salerno for many Years after , but fome of a modern Taftc, and un- 
 acquainted with the Cuftoms of elder Times, think that the noble Salernitan 
 Gioiwrni di Procida, the famous Promoter of the Sicilian Vefpers, was not Giovanni 
 the celebrated Phyfician, becaufe forfooth, in their Opinion, it derogates from 
 Nobility to profefs Phyfick. 
 
 ' Chroa Ca(r lib. 15. cap. 55. 
 ^Chron. CalT. lib. 5. cap. ^f. V. M-irum in 
 rotis ad p. Diac. de Vir. illuftr. 
 n'. p. Diac. de Vir. iJluftr. cap. i?. &: ibi 
 
 Marum. V. Ab. deNucead Chron. Caf. lib. i. 
 cap. 1;. 
 •♦Cluon. lib :; cap. 7. 
 
 THUS
 
 4pi The C I V I L H i s 1 o R Y oj Book X. 
 
 THUS thtSchola Sakrni was of greater Reputation than any School in Em-ope ; 
 recoLirfe was had to the Phyficians thereof, and Perfons of grcatell: Diftindl'on vvhen 
 taken ill, were carried thither to be cur'd ; as was tlie celebrated Abbot Bejideritis, 
 as Leo OJlieiifis relates, to be cur'd of an Infirmity oceafion'd by much Watching 
 and Abftinence. And 'tis likewifc faid, that fomc time after, M'llliara the ll'ickrd, 
 having fallen fick in Pc.krnw^ and the Difcafc ftill increaiing, fent for Komnaldus 
 Giiarva, Archbifhop of .S'j/erwo, very knowing in Phyfick, to cure him j and tho' 
 he order'd him very good Remedies proper for the Difcafe, yet he made ufe of 
 none of them, but what he thought fit; for which caufc his Death foon follow'd '. 
 We likewife read that tiic bell: Drugs were prcpar'd in S'Uerno ; and 'tis faid, that 
 Sigclraita fent to Salerno for the Poilbn to poilon her Son-in-Law, and Robert her 
 Husband. 
 
 BUT what crown'd the Reputation of this School, was a Performance of 
 Giovanni di Mdano, a famous Salernitan Phyfician, which was approv'd of by the 
 whole Salernitan School, and in their Name dedicated to the King of Eugland^ 
 about the Time we arc now treating of Some perhaps may wonder why the Salei-~ 
 nitan Fhyficians fliould be at the Pains to colledl the Rules of Health in Leonine 
 Verfc, and dedicate the Work to a King at fo great a Diftance, and with whom 
 they had no Communication. 
 
 BUT they will ceafe wondering when they recoiled what has been related in the 
 preceding Book of this Hiftory, concerning the Coming of the Noriunns^zwd the Sons of 
 I'ancred into thefe our Provinces, who were all defcended of Robert Duke oi Nornwudy j 
 and confider, that when our Normans conquer'd Puglia and Calabria^ and after- 
 wards the Principality o^ Salerno^ the other Normans, who had remain'd in Neufiria, 
 invaded England under iniliam Duke of Normandy, and after a great many Victories 
 about the Year 1070 fubjed:ed that Kingdom to the faid Ifilliam, who was there- 
 fore furnam'd the Conqueror. Thus Princes of the fame Blood, and all of them 
 delcended of Rollo firll Duke of Neuflria, reigning in Salerno and England, it was 
 very natural that there fhould be a Friendfhip and good Correipondence, both 
 betwixt them and their Subjects. 
 
 HERE it will be proper to fhew, to what King of^ England, and on what Occa- 
 fion, the Phyficians of J)'i.'/^j-«o in theic Times, dedicated that Book. JFilUamDukQ 
 of Normandy, after having conquer'd the Kingdom of Ejigland, left three Sons, 
 IVilliam Rufus, Robert and Henry. To IFilliam the Eldeft *, he left the King- 
 dom of England i but he died without Children, when Godfrey o£ Boulogne and 
 Robert were in the Holy Land. Robert whom the Father had appointed Duke of 
 Normandy, after having given the Kingdom of England to IVilliam Rufus, refolving 
 to accompany Godfrey in this Expedition, on his way to Palejiine, came into Puglia 
 in the boifterous Winter Seafon, and pafs'd all that Winter of the Year 1096, with 
 the Norman Princes of Puglia and Calab-ria, his Kinfmen, by whom he was enter- 
 tain'd and carefs'd with all Marks of Affedion. The Spring coming on, he 
 embark'd with the famous Godfrey for the Holy Land. Jcrufalem was at laft 
 taken, but the Joy of this Vidory was much abated by the fad News Robert had of 
 the Death of his Brother Ifilliam, without Children, to whom he ought to fuccced. 
 The Kingdom of Jerufalem wasoffer'd to him, but he refus'd it, reiblving to return to 
 England, to take Pofleffion of that Kingdom, of which he was ncareft Heir. In his 
 Return he took thefe Provinces in his Way, and was receiv'd in Salervo by the Prince 
 his Kinfman, with great Honour and Rcfped. And feeing he had receiv'd a 
 Wound in his Right Arm at the Siege oijerufalem, which by being ill cured, had 
 turn'd to a Fiftula, he confulted the Phyficians of Salerno about the Cure of it. 
 The phyficians oblerving that the Wound had been made by a poifon'd Arrow, 
 told him, that there was no other way to cure it, but by having the Poilbu 
 fuck'd out of it t- The pious Prince would not confent to that for fear 
 of endangering the Perlbn that fhould fuck it ; but the Princefs his Wife, by a 
 rare Inflance of Love, did not fcruple to expofe herlelf to that Danger, and while 
 Robert was afleep, fuck'd out the Poifbn, and cur'd him. Robert afterwards would 
 have thefe Phyficians to prefcribe him a Rule and a Diet for prefcrving the Health 
 they had reftor'd him ; and for this End the Book was compos'd, which, tho' one of 
 
 ' Capecelatr. hift. lib. 2. pag. 109. 1 t Hen again the yfiithor is mijlaktn a) to the 
 
 * Htrt the Author is ?nijlak(n, ' Perfon, Timt, avd the Place- V. the £»£. Hift- 
 
 the
 
 Book X. f /;^ K I N G D o M 0/ N A P L E S. 495 
 
 the Phyficians was the fole Author, bears the Name of the whole School in the Title 
 Page, as the Philolbphical Works of the Schola Conimbrtcenfis are attributed to that 
 School. It was dedicated to Robert, whom they call King oi En^l.vid ; not that 
 this Prince was ever King of that Kingdom, but that in his Return from Palefiine, 
 in order to take Poflefllon of it, as his Right, they made no Difficulty to call him 
 King thereof. But his Brother Henry being in England when IVtlliaya Kufi'.s died 
 t.-iok Advantage of Ro/f/V's Abfence, invaded the Kingdom, and took PolTelTion of 
 it ; and tho' Robert went thither with a great Army in order to recover it, yet he 
 was defeated hy Henry, and loft the Kingdom. In order to make this Book the 
 more agreeable to that Prince, and that he might the more eafily commit the Precepts 
 of it to his Memory, it was compos'd in Leonine Verle, which was the beft fort of 
 Poetry of tljat Age ; and be.Gdes, the Norman Princes took fo much Delight in the. 
 Clink offuch Verfe, that all their memorable Adions were celebrated in that Rhime. 
 All the Encomiums, Marbles, and Epitaphs that were made on thefe Princes were 
 in this kind of Rhime ; the Epitaph of their firft Duke Rollo was fuch ; as alfo all the 
 others made on our Non/i.vi Princes. This famous Work was publifh'd in the Year 
 1 1 00, which being fpread over all Europe, gain'd incredible Glory and Reputation 
 to the Phyficians o( Salerno. It had many Commentators, and the moft ancient was 
 Arn.ildo di Villanova, the fimous Phyfician of Charles II. of Anjou. The two 
 James's Curius and Crellius beftow'd likewise their Labours on it ; and laft of all 
 Renatns Moreau, and Zacbar/as Silvius, explain'd it with their Notes. So that for 
 many Ages, the Schola Salernt above all others was the moft famous in the Weft. 
 
 THUS the firft School, that after the Decay of the Roman Empire, and the 
 Declenfion of the Academy of Rome, was inftitutcd in thele our Pro\ inces, was that 
 oi' Salerno ; but with this Difference, that as in the Academy of Rome Phyfick was 
 not much regarded, Co in the Schola Salernt, by the Ignorance of the Age, all other 
 Profe'.Iions being neglefted, Phyfick, which cannot be feparated from Philofophy, 
 w.ns the principal Study ; for thofe who firft introduc'd it here, had no Tafte for 
 other Sciences, fo that Phyfick and Philofophy were their chief Study. And becaufe 
 they learn'd it from the^^r^^j, who had the Books of Hippocrates, Arijlotle, and Galen^ 
 in high Efteem ; Galen for Phyfick was preferr'd to all others ; and Ariftotle for Philo- 
 fophy, who with us for many Ages was reputed the Prince of Philofophers. 
 
 B U T in thefe Times this was only a plain School, becaufe it was not founded by 
 any Prince, neither for a long Time did the Princes make any Laws, that could 
 intitle it to be an Academy, College, or Univerfity. The firft that gave it Laws, 
 was Ri'^erl. King of Stcily, who among others made one ', by which he forbad 
 any Pcrlbn to pradile Phyfick, until firft examined and approved of by the Magi- 
 ftrites and Judges. But this School was more favour'd by Frederick II. whp 
 ordiin'd, that none fhould prefume to take the Title of Phyfician, or dare to profefs 
 Phvfick, before he was approved of by the Phyficians of i'^/fr;;o or Naples, and had 
 obtain'd their Licence. And in later Times, the other Kings Succefllbrs of Frederick, 
 and particularly King Robert, Queen Joan I. King Ladijlatis, Joan II. and King 
 Ferdinand I. conferr'd other Honours and Privileges on this School, and at laft it 
 was rais'd to be an Academy, and had the Privilege of conferring the Degree of 
 Doftor, particularly that of Phyfick, in which it was moft eminent, tho' afterwards 
 other Sciences were taught there. 
 
 ' Conflic. Rcgn. I. i8. de probablli experlent. Medlcor. 
 
 6 M CHAP.
 
 494 
 
 The Civil H i s r o r v of 
 
 Book X, 
 
 CHAR XIL 
 
 Of the Ecckjiaflkal 'Polity of thefe our Provinces during the mvhok 
 eJevejjth Centiivy^ to the Reign 0/ Roger I. King 0/ Sicily. 
 
 give 
 
 account of their ConduCl ; they confirm'd or difapprov'd their 
 recelv'd Appeals from their Sentences, and Complaints from their 
 
 H E Popes in this Century made a greater Figure than ever, and 
 their Power, both in Temporal and Spiritual Things was come to a 
 prodigious Height ; they were no lefs dreaded by the People, than 
 I'ulpetted by the Princes. The Depofition of the Emperor Henry, 
 the Excommunications of Crown'd Heads, the Expeditions to the 
 Holy Land, the Crufades, and the Difputes with Secular Princes 
 about Inveftitures, made tliem more rich and powerful than the greateft Kings of 
 the Earth ; for by extending their Spiritual Authority over all the Churches of 
 the Weft, their Power was almoft become abfolute in thele Times, particularly 
 durin'T the Pontificate of Gres:^ory VII. They fent Legates a Latere into all the 
 Provinces o( Europe, they fent Vicars from Rowf , and call'd Bifhops to Rome in 
 order to 
 Eleftions ; 
 
 Diocefans ; and cither decided them in Kome, or appointed Judges on the Spot. 
 In fliort, they enter'd into the Detail of whatever pals'd in their Dioceffes. They 
 either drew all Caufes to Rome, or appointed Delegates in the Places, who afted by 
 their Authority. 
 
 T H li Y found means to introduce new Maxims and Notions of the Papacy, 
 and to eftablifli it as an Article of Faith, that the Pope had it in his Power to depofe 
 Kings and Princes from their Kingdoms and Dominions, and to abiolve their Vafl'aJs 
 frorn their Allegiance, if they (the Princes) did not obey their Commands ^ that 
 the Pope was no leis Prince and Monarch in Temporals than in Spirituals ; and 
 that all the Ecclcfiaftical State wasintirely exempted from all Power and Jurifdidion 
 of Secular Princes, as well in Temporal as Spiritual 'Ihings, and that not by 
 Human, but Divine Right. And leeing in thefe Times, the Ecclefiafticks and 
 "Monks alone, and efpecially thofc of the Order of St. BeneditJ, ingrofs'd all the 
 Learning to themfelves, and the People were in profound Ignorance, therefore what- 
 ever theiMonks and Priefts put into their Heads, was receiv'd as an Oracle ; fo that, 
 as John Gerfon relates, the Pope was reputed a God, who had all Power in Heaven 
 and Earth. 
 
 THE Greek Church, which did not agree in this with the Latin, and look'd 
 upon the Pope, not as a Bifhop, but an Emperor, proceeded to a more open 
 Pvupture, by fcparacing herfelf altogether from the Latin ; but becaufe all our 
 Churches, that had formerly been fubjedl to the See oiConftantinople, were by the 
 J\[orr,/aiis reftor'd to that of Rome, that Church had no more Concern in our Affairs. 
 Therefore henceforth we fViall have no more occafion to mention the Patriarch of 
 Confiantinople, whole Authority, as well as the Greek Empire, was daily dwindling 
 away. Our gallant Normans having expell'd the Greeks altogether out ot Sicily, and 
 thefe our Provinces, reftor'd all the Churches to the Pope ; and to make it evident 
 what our Princes had done for the Church of Rome, Nilns Doxopatrtus, who was 
 then y'lrchiiiiandrite in Sictly, wrote a Treatife of the five Patriarchal Sees, and dedi- 
 cated it to Roger I. King of Sicily, wherein, as we have related in the (ixth Book of 
 
 this
 
 Book X. 
 
 the Kingdom of NAPLES. 
 
 495 
 
 this Hiftory, he reckons up the Churches, tli;u had been taken from the See of C-;;.-- 
 Jliitttiiioplc, and reftor'd to that o( Kowe by the Norm.rvs. 
 
 FOR thcfe Realbns, and other fignal Services done by the Normans to the 
 Church o( Rome, befides the Monarchy of Aiv/y, the Rights of Inveftiture were 
 preferv'd intire in the Kingdom of Pv.glia to our Princes ; and no Prelate, tho' 
 eleded by the Clergy and People, could be ordain'd without their Alfent. Whence 
 the Canonical Glols lays ', that this was pradis'd in the Kingdom of Pmlici bv a 
 Power, which the Kings had from the Apoftolick See. Whether it was for this 
 Realbn, or for many others related by us tlfewhere on other Occafions, 'tis clear 
 that during the Reign oixhe Xuvuians, in the Ordination of all Bifhops and Prelates 
 of thefe our Provinces, the Confent of the King was look'd upon as necefiarv, and 
 without which all Eledions were void. So we have fecn, that Duke Rcgey'^ when 
 he took the Church of Rojfano from the See o(CoiiJ!aiiti}iople, and reftor'd" it to that 
 of Ro7«e, nam'd the Bifhop that was to fucceed to the Deceased ; but becaufe this 
 Bifliop was of the Lcitin Church, the People of Rojfrnc, who were of the Greek, 
 refus'd to fubmit to the Duke, if he did not give them a Bifhop of their own 
 Church, which he agreed to. And in the Eledlion oi Elias Archbifhop oi'Bariy 
 which was in the Year 1089, this iame Prince gave his Confent, after which he was 
 confecrated in Bj/ri by Pope L'li'aii II. % which was likewife pradis'd in the l-.ledlion 
 of the Bifhop of^ Ave Hi no in the Time of King Roger, when Robert, Great Chan- 
 cellor of ^/a/y, confented to it in the Name of the King '. And there arc fome * 
 who have written, that among other Realbns which King Roger had to be dilgufted 
 at Pope Innocent II. and adhere to Anaclet, one was, that Innocent had been offended 
 with him, becaufe he made an ill ufe of that Share which he had in the Eledtions of 
 Bifhops and Abbots, by incroaching upon the Freedom of them ; and Cardinal 
 Baronius ^ likewife gives an account of the bad Ufe that Roger made of this Power ; 
 and that at one and the fame Time he had given the Church of AvcU'mo for Money, 
 to three different Pcrfbns, according as they ofier'd for it, and afterwards gave it to 
 a fourth, who did not pretend to it ; but Baronius was not well inform'd of this 
 Fadl, bccaulc it was not the King, but Robert his Great Chancellor, that excluded 
 the three as 2,^\\ty o? Simony ; for relblving to expole their Villainy, he made an 
 
 of Chartres ' relates. Not only our Norman Kings, but likewife the Suevi kept up 
 this Privilege ; whence, while Frederick II. was under the Guardianfhip of Inno- 
 cent III. this Pope gave his Confent in all Eledlions, but it was Vice Regia, and as 
 Guardian of the young Prince ; as we fhall fhew in the following Books. 
 
 OUR Ncrinan Princes likewife kept Polfcllion of the Regalia in our Churches, 
 in the fame manner as they did in France; for after the Death of a Bifhop, until a 
 Succeffor was eledted, all the Churches of the Kingdom, and particularly thole that 
 wanted Paftors, being in the King's Power, he diipoi'd of their Revenues; and 
 therefore it became a Cuftom, that as foon as the Bifhop died, the King's Bail:ffs 
 took the Charge and Management of the Rents till the Church was provided, as the 
 fame King Roger I. declares in one of his Conftitutions i . 
 
 ' Glof. cap. placult, in princ. & in cap. 
 nemir.i Regi.m 16. qu. 17. 
 
 ^ Archid. L'arenf apud Baron, ad ann. 1091. 
 Elefto Ella in Archiepifcopum Bari, volunrate, 
 atq; conlenfu Due. Rogerii, filii Dae. Robert!. 
 Peliegr. in Lup. Protilp. ann. 1089. 
 
 ' Jo. Sarisbur. de Nugis Curialium. Cape- 
 
 p. 2: 1.;. cap. 44. 
 
 celatr. lilfb. lib. i. pag. 61. 
 
 "* Azorius Inftitut. mor. 
 §. Innoc. 
 
 ' Baron, ad ann. 1097. torn. 11. fol. 604. 
 
 " Jo. Sarisb. loc. cir- Capccelatr. loc. Cit. 
 
 ' Conrtit. Rcpn. tic. do AdmJnilbr. rerum 
 Eccl. poll mortem Prxlat. 
 
 SECT.
 
 45^5 "The Civil History of Book X. 
 
 SECT. I. 
 
 Monks and 'femporaltties. 
 
 OU R Kornim Princes extended their Authority and Protection, not only to the 
 Churclies, but likewife to the Monafterics, which were daily erefted under 
 new Rules and Reforms. For feeing the Monaftick Order had been greatly in- 
 creas'd and inrich'd by the Piety of thefe Princes, it was reafonable that they fhould 
 continue under their Care and Proteftion. The vaft Riches and Privileges of the 
 Order of St. Benediff, occafion'd a great Loofenefs of Manners among the Monks ^ 
 the Reputation of their Sandity was funk, their Difcipline intirely loit, and their 
 Rules utterly neglecTted ; for they intermeddled in the Affairs of State and War, 
 frequented Courts, and concern'd themfelves very much in all the Enterprizes of 
 the Popes again ft Princes. Such Remiffnefs ftirr'd up many to imbrace a more 
 auftere Life, whence fprung the Eftablifliment of new Orders, all which made 
 Profeffion of following the Rule of St. BenedtSf^ the' they had fome particular 
 Cuftoms and Ufages. 
 
 IN the beginning of this Century, in Italy, Komualdo being refolv'd to lead a 
 folitary Life, retir'd to the Solitudes of Arezzo, where he liv'd in the Houfe of 
 a certain Man, nam'd Maldo, and inftituted a Congregation of Monks, who, from 
 the firft Place they liv'd in, were call'd Camaldolefi '. The Monafteries of this 
 Order increas'd to a great Number all over Italy, and likewile got footing in thefe 
 our Provinces. Peter Damiau likewife inftituted a Congregation of the like Kind; 
 and Giovan Gualberto of Florence, having left his Monaftery, in order to lead a 
 more auftere and regular Life, retir'd to Vallomhrofa, and there laid the Foundation 
 of a new Society. 
 
 BUT the Cart /mfi an s, inftituted by St. Briato in the Year 1086, made the 
 greateft Progrefs among us. Bruno was a Native of Cologn, who while a Canon of 
 Kbeiiiis, retir'd with Six of his Companions to the Solitude of Cbartonfc, which 
 //«2;o Bifhop of Grewo/^/t? afTign'd them. In the Year 1090, Urban U. invited him 
 to come into Italy, where he retir'd to a Solitude in Calabria, call'd la Torre. The 
 great Fame of his Sandrity, mov'd Roger great Count of Sicily, to contrad: a ftridt 
 Friendftiip with him -, and the Countefs Adelaide his Wife, being deliver'd of a 
 Son in Melito, he caus'd Bruno to baptize him : By his Intercefllon, Rtg^receiv'd 
 fignal Favours from Heaven, efpecially Deliverance from a Confpiracy, which 
 Senrnts the Greek had contriv'd ; whereupon this Order was firft eftablifh'd among us in 
 Calabria, and the Norman Princes beftow'd great Privileges and Riches upon 
 them. The Kings of the Houfe oi Anjou, afterwards inrich'd a Monaftery of theirs, 
 founded on the Mount of St. Anfelm in Naples, under the Name of St. Martin^ 
 from a little Church, which ftood formerly there, dedicated to this Saint j and in 
 procefs of Time, they arriv'd at the Height we now fee them. 
 
 I N thele Times, there were other Reforms under different Rules made in 
 France, whence they afterwards rcach'd us. Two Gentlemen of Vienne, Gafion and 
 Gironde, who had dedicated their Perfons and Eftates for the Relief of thofe that 
 were troubled with St. Anthony s, Fire, and relbrted thither to implore the Interceffion 
 of St. Anthony, gave Rile to the Order of St. Anthony- at firft compos'd of fbme 
 Laicks, and afterwards of Religious, who profefs'd the Rule of St. Auguftin. In 
 the Year 1098, Robert Abbot of Mokfiiie, retir'd to Ctjtclle in the Diocels of 
 Chalon on the Saone, with fome Religious, to the Number of Twenty-one ; and 
 founded a Monaftery there, and left fbme Religious in it, when he return'd to 
 Molefme. This Reform was approv'd of by the Pope in the Year 1 100 ^ and Stephen 
 Harding, in the fame Year 1 100, was the firft that brought this Order to perfedion, 
 and it became moft flourifhing. 
 
 ' Sigon. de Reg, lul lib. 8. ann, 1009. 
 
 BUT 
 
 t
 
 Book X. /^^ K 1 M G D o M 0/ N A P L E S. /^()j 
 
 BUT with us in the beginning of tlie following Century, about the Year 11 34 
 under Koger I. King of Stcily^ a new and a more remarkable Reform of the 
 Beiicdiciiiis began, the Author of which was Gnlicli/io de Vcrcelli^ \\\\o was likewiie 
 the Founder of the Order of the Friers of Mcnte Vtrgiiic, and for the Fame of his 
 holy Life, was much bclov'd by King Ro^^er^ and George of Aiitiocb his Higii 
 Admiral, and was efteem'd a Saint by many at Court, whither he frequently relbrted 
 about the Affairs of his Monks. Roger much favour'd his Order, and greatly in- 
 rich'd the Monaftery newly founded by him in Monte Virgine^ not far from Naples. 
 Giovanni dt Niifco^ a Monk of his Order, who liv'd in his Time, and wrote this 
 Saint's Life, which, as Francifco Capecelatro ' teftifies, is written on Parchment, and 
 prelerv'd in the Archives of the Alonaftery of Monte Virgine^ got a Ipecial Grant 
 from King il'/^f)-, engrols'd in Palermo the 8th of Decen/ler, in the Year 1140 in 
 which the King, for the Welfare of the Souls of Count Roger his Father, of Queen 
 y'ldelaida h\5 Mother, and yf/Z'/r/V? his Wife, gives to the Monks of Monte Virginc, 
 the Church St. Maria di Btiffiani^, and likewiie confirms by the fame Writ, all the 
 Pon'efiions and Revenues which they poffefs'd at that Time, and all thofe, that for 
 the Time to come fhould be granted them ; which Grant is iubfcrib'd bv Prince 
 IVilliam, in the Name of his Father. In proceis of Time, the Order increas'd 
 and in the City of Naples, in the Street of the Seggio di Nilo, there was a new 
 Monaftery and a Church erected, which was afterwards inlarg'd by the fiimous 
 Lawyer Bartolomeo di Capua, and where the Bones of Matteo degli j^ffi^ii, another 
 of our renown'd Lawyers, lie. 
 
 BUT 'tis worthy ofObfervation, that thefe Reforms of the Order of St. iJn/eA'c?, 
 fprung from the Loofenefs of Difcipline and Manners, occafion'd by fo great Riches 
 which corrupted all good Cuftoms. But who would have believ'd that thefe very 
 Reforms, chiefly founded on the Contempt of worldly Riches, would have been 
 the Occafion of acquiring greater temporal PolTeflions to the Monaftick State? Their 
 credulous Votaries, edified by the auftere Lives of the firfl: Founders, and taken 
 with their Sandtity, and the miraculous Stories they told them, did not fail very 
 quickly, to heap Riches upon them, by making large Donations to the Churches 
 and new Monafteries that were daily ereded • inlomuch that in procefs of Time 
 rhey became as rich as thole before the Reform ; lb that the Reforms wanted to 
 be reform'd ; for befides their old, they were ftill making new Acquificions. And 
 in the following Ages, it was aftonifhing to lee new Orders ftirt up, founded fo 
 much on the Contempt of worldly Riches, that on this very Account, they took 
 the Name of Mendicants, and to the three Vows, added a Fourth, of living by 
 Begging and Alms ; but they no fooner found that the People, mov'd by the Aufterit^' 
 of their Lives, were inclin'd to inrich them, than Wa)s and Means were found to 
 reconcile the Inclinations of the People with their Vows j lb that in procefs of Time, 
 the Mendicant Orders grew lb Rich, as occafion'd RemifTnels, and new Reforms 
 were thought on. But to what Purpole ? The reform'd JOtpnnnicans kept to it for 
 fbme Time ; but afterwards they return'd to their former Ways. Among the Car- 
 'inelites in the later Centuries, there was a more auftere Reform made of B.are-footed 
 Carmelites, who, at their firft Inftitution, profelfcd nothing but Povertv, and a 
 total Abhorrence of worldly Riches; but afterwards, Means were contriv'd to 
 make them capable of SuccelTion, Inheritances, and all manner of Purchafe, inlb- 
 much that among us, their Riches have amounted to what we now fee. But what 
 palTes all Belief is, that in the Time of Pope Paul IV. there ftarted up a new Order 
 of regular Clergy, now call'd 'Theatins, who, by their Inftitution, were bound, not 
 only to li\c a poor and mendicant Life, but to exceed all the other Mendicants m 
 Aufterity, by being forbidden, even to go about to ask Alms : And as the Lillies of 
 the Field, and the Birds of the Air are doath'd and fed, without Spinning, or any 
 kind of Labour, fo were they to rely on divine Providence ; yet all, that hasavail'd 
 nothing ; becauie Ibme have been lb taken with them, as, in fpite of their Teeth, 
 to heap Riches upon them by large Donations and Inheritances ; bat they bore 
 thofe Outrages patiently, and refus'd nothing ; and there have likewiie been Ways 
 fallen upon, to make them capable of Legacies and oucceffions, and their Riches 
 are increas'd to fuch a Pitch, that among us, they have rcar'd up lb magnificent and 
 
 ' Iftor. dl Napoli lib. i. pag. jz 
 
 6 N furprizing
 
 ^98 'Th Civil History of Book X. 
 
 furprizing Edifices, as look more like Palaces than Monafteries, and {urpals the 
 ftatelieft Buildings of the molt famous Cities in the World. 
 
 THERE were in this and the following Century, many other Opportunities, 
 whereby the Ecclefiaflical State made great Acquifitions. The chiet was the Holv 
 War ; it was a furprizing thing to iee, how paflionately the Minds, not only of 
 princes, but of the common People, were bent on thele Expeditions; The Devotion 
 they had for thofe holy Places, but efpecially for Jerufdem^ \\as fo great, that, 
 overlooking all Hard/hips, they expos'd themfelvcs to the Dangers of verj- long 
 Voyages, to Ambulcades and Robbers ; the Inclemency and Rigour of the Seafbns, 
 Hunger and Thirft, and the want of all the Neceffaries of Life, with Pleafure and 
 Satisfaction ; we are told ', that Fulk Count of Aiijou^ went to Jeriifalem, to be 
 there lafli'd by two of his Servants, with a Rope about his Neck, before the 
 Sepulchre of our Sa\iour. From this we may eafily imagine, how intent they were 
 on going thither, and contributing to reftue thofe holy Places, out of the Hands 
 of the Infidels. They did not value their Eftates, Wives or Children ; but Husbands 
 and Fathers forfook every thing, fold what they had, inlifted themfelves in this 
 War, and crolVd the Seas • among us thofe of Piiglm and Calabria diftinguifh'd 
 themlclves above all others, and who quitting their Houfts, follow'd Boenioiidns and 
 'taiic-rcd ; even the very Women, without regard to their Children, fold what 
 Goods were left them, for carrying on this War. The Popes and Bifhops, by their 
 Briefi, took under their Prote<5tion the Houfes and Affairs of thole, who, as 
 Soldiers of Chrift, had mark'd themfelvcs with the Crofs, and this brought that 
 Increafc of Riches to their Churches, which commonly attends Tutors and Guardians 
 of W ido\^s, Orphans and Minors ; the fecular Magiftrates durft not pretend to 
 proted: any of them, for fear of Excommunications, which in thele Days were fulmi- 
 nated unmercifully. Add to this, thsit Etigenius III. ordain'd, that any Perfbn for 
 this holy Expedition, had alfo Power to alienate Fiefs ; and if the Lord of the 
 Manor would not confcnt, the Churches, even in fpite of him, could accept of them, 
 which open'd a Door to vafl Acquifitions. 
 
 THE Popes likewife made ufe of the Forces rais'd for the Holy Land, to what- 
 ever Purpofe they picas'd, whereby they m.uch increas'd the temporal Power of the 
 Church of Rome ; and even the Pope's Legates, and the Bifhops of the Places 
 where luch Armies rendezvous'd, imploy'd them for augmenting the Temporalities 
 of their Churches. But what inrich'd them moff, was a CufVom then introduc'd, 
 that whoever could not go in Perfbn to the Holy War, pay'd the Expences of the 
 Voyage, for which he was not only abfblv'd from the Vow, but likewife obtain'd 
 Indulgences, and other Privileges, and this was look'd upon to be as good as if he 
 had gone in Perfbn. The Offerings and Contributions which were made by the 
 Faithful, and efpecially Ladies, and others, that were unfit to fci-vc in Perfbn, came 
 to a vaft Sum. All this Money was not expended on the War ; without doubt each 
 Chieftain had his Share, and a confiderable Part of it fluck to the Fingers of the 
 Prelates, which much increas'd the Ecclefiaflical Riches. 
 
 HENCE itarted up a new Sort of regular Orders, call'd iW/Z/Y^^ Orders ; 
 thefe, though inftitutcd for the Effufion of Blood, were fo mightily encourag'd, 
 that their Numbers, as well as their Wealth, became \rer}' great in a fhort Time. 
 The firfl was that of St. Job?! of Jernfaifin, or Hofpitalers, appointed for the En- 
 tertainment of Pilgrims, that travell'd to that City. The fecond was that of the 
 'tcrdpLvrs, inftituted in the Year 11 18 j their Bufinefs was to provide for the Security 
 of Pilgrims, and to fight thofe that oflfer'd to mokft them. The lafl was the 
 lectomck Order, who profefs'd to f>erform both thefe Offices : What immenfe Riches 
 thefe Orders amafs'd, efpecially the Hojpttaiers and the 3'ttftonkks^ is notorious to 
 c\ery Body. 
 
 I N imitation of thefe, thofe of St. famts^ and of Calatrava fVarted up, which 
 were inllituted in Spain for the Benefit of thofe who went in Pilgrimage to St. James 
 in Galtcia ; and for the like Reafbns, other Orders were inftituted in other Countries. 
 This fo fervent Zeal for thefe upflart Holy Places, very much cool'd the De\otion, 
 which formerly was fb very great, for thofe of Monte CaJJino^ and Mc7ite Gargano; 
 but inflam'd that for- St. Nicholas of Bmi^ which was more firqacnted than any 
 other, becaufe of its Novelty. 
 
 .' See Montagne's EITay, 1. i, c.4 . 
 
 IN 
 
 t
 
 Book X. ^Z>^ K I N G D o M 0/ N A P L E S. 499 
 
 I N thefe Times there were likewife other Means fallen upon, that very much 
 contributed to the Increafc of the Ecclefiaftical Riches. The looking narrowly into 
 the Matter of ?;>/Zw ; the eftablifhing the Fnf-fricts, and the Privilege oi Sepulture • 
 and accepting every thing from every Body. The Tythesfrom voluntary, became 
 now obligator)-, and if they were not pay'd, they were exad:cd with great Severity 
 by the means of Cenfurcs ; and it was eftablilh'd, that not only the Predial fliould 
 be pay'd out of the Fruits of the Earth, but likewife the Mixt of the Fruits of 
 living Creatures ; and alfb Perfoual of Man's Induftry and Labour. And in procefs 
 of 1 ime. Pope Alexander III. about the Year 1170, detcrmin'd, that Excommu- 
 nication Ihould be made ufe of for getting compleat Payment of the Tythes of Mills 
 Fifhings, Hay, Wool and Bees ; and that the Tythes fhould be paid before the 
 Charges of gathering in the Fruits were deduced ; and Pope Celejline III. in the 
 Year 119^; appointed, that the Tythes not only of Wine, Grain, the Fruits of 
 Trees, Sheep, Gardens and Merchandize ; but likewife thofe of Soldiers Pay, Game 
 and Wind-Mills, (hould be paid under Pain of Excommunication ■ for thisj fee the 
 Decretals of the Popes. But all this did not ferve the Canonifts, they carried the 
 Matter further, and taught, that the Poor were oblig'd to pay the Tythes of what 
 they got by Begging ; that Whores were bound to pay theTythe of what they earn'd 
 by \\ horing, and other fuch Things that were impoflible to be put in Pradice. 
 
 T O the Tythes, were added the Firft-fruits, which were firft inftituted by 
 yilexander II. in imitation of theJIfo/^/w/ Law, by which they wereimpos'd on the 
 Jfraelites : Mofes did not appoint the Quantity, but left it to the Difcretion of the 
 Offerer. The Rabbins afterwards, as St. Hierom teftifies, determin'd that it (hould 
 not be lefs tinn the Sixtieth Part, nor more than the Fortieth ; which has been well 
 imitated by our Clergy in the moft advantagious Manner, who having appointed the 
 Fortieth Parr, call'd it afterwards the Fourth Part. 
 
 The Emoluments accruing from burying the Dead, and other holy Offices, were 
 very great : Formerly Tythes were fettled on the Curates for adminiftring the Sacra- 
 ments, burying the Dead, and other Functions, and nothing elfe was paid for 
 thefe Offices ; but when afterwards Ibme pious, rich Pcrfons, thought fit to give 
 Ibmething for burying their Friends, at laft the Courtely was turn'd into a Cuflom, 
 and the ^lanturii was fettled. Afterwards, when this came to be difputed, and 
 the Laicks refus'd to pay any thing, becaufethe Tythes were pay'd on that Account, 
 the Clergy deny'd to perform the Functions, if they got not what was ufed to be paid. 
 Innocent ill. afterwards in the Year 1200, appointed that the Ecclefiafticks (hould 
 perform the Fundions, but the Laicks (hould be forc'd by Cenfures, to obferve the 
 laudable Cuftom of paying what was wont to be paid. 
 
 THERE was alfo another Novelty brought in, contrary to the antient Canons, 
 which was of great Service in acquiring more Riches : It was forbid by the Canons, 
 to receive any thing by way of Donation, or Teftament from publick Sinners, facri- 
 legious Perlbns, thofe who were at Variance with their Brethrcn,Whores, and other 
 fuch Perlbns ; all thefe Impediments were remov'd, and every thing was accepted of 
 from e\ery Perfon, and even the greateft and moft frequent Legacies and Donations, 
 were left to the Churches by Whores, and Perfbns that bore their Relations a Grudge. 
 In fuch manner did the Popes fall upon all Means to augment and preierve their 
 Acquifitions ; and the Clergy, for their own Intereft, not only confentcd to this, 
 but promoted it both by their Pens and Preachings. 
 
 THE
 
 C5°' 3 
 
 THE 
 
 CIVIL HISTORY 
 
 Of the Kingdom of 
 
 NAPLES. 
 
 BOOK XI. 
 
 OGER, whom we fliall fhortly call I. King of Sicily and 
 Puglia, having with fo much Ipeed, and without re- 
 quiring Inveftiture from the Pope, taken Pofleffion of 
 thefe our Provinces, to which, by the Death of IVilliam 
 without Children, he had fucceeded, exaf]>erated Pope 
 Homritis in fuch a Manner, that it was not poflible to 
 pacify him, either by Embaffies, or the Offer he made 
 him of the City of Troja ; neither in fine, was the pear of 
 lofing Bene'vento, able to move him. He excommunica- 
 ted Ro^fr Thrice ' ; but finding thefe Thunder-bolts were 
 thrown in vain, he had recourfe to temporal Arms ; and 
 in order to haften the Expedition which he intended againft this Prince, immediately 
 went to Benevento, where he encourag'd many to take Arms and revenge the Affront, 
 which^ he reckon'd he had receiv'd ; and when he got fome Forces together, he 
 march'd with all poflible hafte towards Pu^lia, where Roger with his Army was in- 
 camp'd. But this cunning Prince confidering, that the Pope's Army compos'd of 
 Troops, which fome rebellious Barons had furnifh'd him, could not continue long 
 together, thought fit to forbear Hoftilities, and let the Summer pafs without coming 
 to an Engagement. On the Approach of Winter, the Army difpers'd, and the 
 
 Ab. Telefin. 
 
 6 
 
 Popc
 
 502 
 
 The Civil History of 
 
 Book XI. 
 
 Pope was left without Troops ; fb that giving over the Enterprize, he return'd to 
 Beneveiito. Roger unwilling to keep up the Quarrel, apply'd anew to him for Peace, 
 and both meeting upon a Bridge made on purpole over the llivcr Calor, Ui the 
 Year 1128 ', they agreed on thefc Conditions, that Rcgei', as his Predeceflbrs had 
 done, (hould fwear Fealty to the Pope, and promife to pay the ufual Quit-Rent ^ 
 and on the other hand, that Ilottcrim fl^ould give the Invclticiire of the Dukedoms 
 of Pngtm and Calatru, in the fame manner as formerly ; all which were perform'd -. 
 'Ihis Peace was of fnch Advantage to the Church of Rowf, that fbon after the 
 Bcne'ventaiis rcbelhng, Koger^ who was then in Pnglia with a good Army, march'd 
 thither immediately, and reduc'd that City to the Obedience of the Church. 
 
 THIS Prince h;n ing lettled the Afiairs of thcfe Provinces fo much to his own 
 Glory, and gain'd Pope Hutiorias's Friendfliip, retir'd to P.j/cniio 3 and by his 
 great Profperity iceing iiimlelf Mafter of fo many Provinces, he look'd upon the 
 Titles of Great'Count of 5.'f/7)' and Duke of P/.;^//^, as too low, and that he ought 
 to affume that of a King, to which his Mother Adelaida pufn'd him moft, who 
 having been Wife of Baldwin King of Jerufalcm, tho' aftewards repudiated, 
 retain'd the Royal Title, and inftigatcd her Jion Kcger to undertake the Conqueft of 
 that Kingdom ; add to this likewife, his confidering that thofe who anciently had 
 govern'd iS'^c/Zy, had the Title of Kings 3, therefore he refolv'd to take this Title; 
 and having made Palermo the Metropolis of the Kingdom, he would be call'd King 
 of Sicjly^ of the Dukedoms o( Pi'.glia and Calabria, and the Principality of Cipua ; 
 and in this manner he was proclaim'd King by his Subje&s: In his Charters and 
 publick Writs, thefe were the Titles he took, Rex Sialic, Dticattis Aptilix, Prin- 
 cipatiis Capiix. And leeing it was the Cuftom at this Time, for Kings to l •* crown'd 
 and anointed by their Archbifliops, he made himftlf to be crown'd King of 
 Skily and of Pitglia by four Archbifhops, to wit, thofe of Paler/uo, Beiiereiito, 
 Capua, and Salerito, in prefence of the Chief Barons, many Bifhops and Abbots, 
 and all the Nobility and People ; which Ceremony could not be perform'd more 
 lawfully, prudentl)-, and with greater Pomp ; for Roger was become fo great a 
 Prince, that he could lawfully take the Title of King. Befides he had the good 
 Will and Inclination of the People, which before the Cuftom of Kings Iseing 
 anointed by Bifhops was brought in, was thought fuf?icicnt. And we have elfe- 
 whcre oblerv'd, that 7'beodorick the Oftrogrotb was thus proclaim'd King of Italy, and 
 the Lougobard Kings in the fame manner. The Rites and Ceremonies were always 
 different, as were the Nations, fbme us'd to raife the Ele<5kd upon a Shield, others 
 made ufe of a Spear, and others had different manners of performing it *. 
 
 B U T it being the Cuftom at this Time, that this Solemnity was to be perform'd 
 by Bifhops, who put the Crown on the Head of the Eledted, and anointed him 
 with facred Oyl, Roger did not fail to have it thus done ; for having been pro- 
 claim'd King, not only of Sicily, but alfb of the Dukedoms of Piiglia and Calabria, 
 and of the Principalities of Capua and Salerno, which comprehended thefe our 
 Provinces, he would have the four Archbifliops, to whom by ancient Cuftom, it 
 belong'd to anoint and crown their Princes, to perform the Ceremony ; they by the 
 Provinces, of which they were Metropolitans, rcprefenting Saily, and a\\ Italy on 
 this Side of the 1'yber, crown'd him in a manner with four Crowns at the fame Time, 
 to wit, the Archbifhop of Palermo for Sicily, and our three Archbifhops for all 
 thefe Provinces, which anciently were comprehended in the Principalities of Bene- 
 lento, Capua, and Salerno; which was not without a Precedent, for they could 
 obfcrve, that other Kings were wont to be crown'd with as many Crowns as they 
 had Kingdoms ; therefore they were not crown'd by one fuigle Bifhop, but by more, 
 as Hincmare Bifhop of Rhetms writes of the Coronation of Charles the Bald, which 
 was perform'd in Metz in the Year 869. 
 
 THEREFORE the Coronation of Roger could not be more legally per- 
 form'd, neither had any Perfbn caufe to complain, that he thought this enough. 
 But the Popes, as we have obierv'd clfcwherc, among their other bold Attempts, 
 by which they fought to inlarge their Authority, had begun to pretend, that no 
 
 ' Falco Bcncv. 
 
 * P. Dlac. lib. 4. cap.jfi. 
 
 ' Ab. TelcC. Qui,i olim fub Prifcis tcmpori- 
 bus fuper banc iplhm Provinciam Regcs non- 
 nuUos habpillc traditur. ^Imiin tin Bull or In- 
 
 iiefiltttre 0/ Innocent IT. 't:s f.iln, Regnum Siciliae 
 quod utiquc prout in :inriquis ret'cicur liiftoiiis, 
 Regnum tuilie, non dubium eft. 
 * \ . Patric. de Maitc Gallico. 
 
 Chriftian
 
 Book 5^ the K I N G b b M 0/ N A P L E S. 565 
 
 Cliriflian Frrnce could take upon him the Title of King without their CiVant AnA 
 Permiilion. And they were fo much the more obftinate in this Claim, as they arro- 
 gated to themlclves the very lame Authority in the Eltdion of the limperors of the 
 VVeft, pretending, that without their Conient none could be rais'd to that Dignirvj 
 and they did not blufli to fay that the Empire, as well as all other Kingdoms, 
 depended upon them, as Clement V. and Adrif.n believ'd. Yea, o\k of them writing 
 to the Emperor Frederick himfelf, did not ftick to fay, that the Empire vVas a Gift 
 (Bcnefi'JiumJ of the Popes, which Frederick refented in the manner that every Body 
 knows, by obliging that "ope, in order to make him recant his Infolence, like a 
 pedant to explain the Word Benefichim^ and in what Senfe he had taken it. The 
 Popes claim'd this Power as Vicars of Him f,er quciu Rentes regiidHt ; and Princes 
 even believ'd it, and perfuaded themfelves, that as the Kings of If)\iel were with 
 great Solemnity anointed by the Prophets, fo they ought to be anointed and crown'd 
 bv the Popes. Whence many Princes ofClrifleiidom did not fcruple to pav Tribute, 
 and become Feudatories to the Church of Kane. Thus EttchvolfK.ing o£ Eiigla:td^ 
 in the Year 846 went to Konte^ and got his Title of Kingconfirm'd by Pope Leo iV. 
 and made his Kingdom Tributary to the Apoftolick Sec, by paying a Penny Sterling 
 ye.irly for each Family j and this Tribute, which w-as cali'd St. Peter s Pence, con- 
 tinu'd to be paid until the Time of Henry VIII. And in fucceeding Times, wheil 
 Ignorance and Stupidity were at a gfeater height, other Princes follow'd this Ex- 
 ample, and paid Tribute. In the Year 11 78, y-^lpbon/hs DuI^q of Portugal, having 
 got the Title of King from .Alexander III. for his gallant Atchievements againft the 
 Moors of Spain, promis'd to pay Tribute. Stephen Duke of Ihmgary, the Dukes r^f 
 Poland, Arragon, and other Princes did the fame; inlbmuch that Bodinus bimlclf ' 
 did not fcruple to fay, that the Kings of 'Jertifalsm, Ei'.gland, Ireland, Naples^ 
 Sicily, Arragon, Sardinia, Cor/Ica, Granada, Hungary, and the Canary Iflands, vsere 
 all Feudatories of the Church of Ro/ne. And the cunning Popes, to prefcrve this 
 Sovereignty over thefe Princes, tho' they were real Kings, and own'd as fuch by the 
 People, and recogniz'd by the other Princes of Europe, when they found that thev 
 were indifferent whether they gave them thefe Titles or not, very eafily beftow'd 
 them, and they as eafily accepted of them, without diving into the Secret that was 
 hid under this Gcnerofity ; thus in later Times our Neapolitan Pope Paul IV. took it 
 in his Head to ere6l Ireland into a Kingdom, and tho' Henry Vlil. had made it one 
 before, and the Title had been continu'd in Edivard, Mary and her Husband^ 
 neverthelefs the Pope, difTcmbling his Knowledge of what ii/^/«7 had done, woulci 
 have it to be thought that he had ereded that Illand into a Kingdom, that fo the 
 World might believe, that the Popes alone had Power to make and unmake King- 
 doms ; and that the Queen's Title was purely owing to the Pope, and notderiv'd 
 from her Father. Our Forefathers faw the fame pradis'd with refpe(51: to the Duke 
 of 1'ttfcany, who got the Title of Great Duke from the Pbpfe. And were this 
 Power claim'd by the Popes onlv, pcrh.ips it might be born with, but even the 
 Archbifhops of Milan affum'd the Authority of making the Kings of Italy, as we 
 have fhewn in the preceding Books of this Hiflor)-. 
 
 . BUT on the other hand, it was no lefs ff range to fee the Emperors of the Weft 
 ^ up their Claim, that they only had Power to make Kings, and erect States into 
 Kingdoms ; their Claim was founded on the Empire of the Weft's being reftor'd in 
 the Perfon of Charles the Great, and that they as Succeffors of this rer.own'd Em- 
 peror, had a Right to all the \V'eft; for if the Reman Senate took upon them in the 
 popular State to make Kings, they thought they could much more do fb. Above all 
 others the FLmperor Frederick I. had this Notion ^ he fent the Sword and the Royal 
 Crown to Peter King of Denmcrk, giving him the Name of King as a Title of 
 Honour only, referving exprefly (as ^rithemitis ^ relates it) the Sovereignty of his 
 Country to the Empire, which was detrimental to the Empire itfelf ^ for on that 
 account the Kings of Df«w.-7r^ took occafion by Degrees to withdraw themfelves from 
 thfcir Obedience to the Empire, and in conlequcnce of the Title of Kings, have 
 made themfelves abfolute Sovereigns. The fame Emperor gave the Title of King to 
 the Duke of Aujlria ; but liis Fate was quite the Revcrfe of that of the Iving of Dcn- 
 twi., for he no fooncr got this Title, with the fame Refcrvation of Sovereignt)-, 
 thart he fet up for him.lelf, refus'd all Obedience to his Sovereign, and twche Years 
 
 * y. Eodin. dc Rep. cap. 6. 
 
 Triihcni. cap. 17. 
 
 after
 
 5 ©4 The Civil History of Book XI. 
 
 after was depriv'd of the Title of King, and forc'd to call himfelf only Archduke, 
 This iame ILmperor likcwife gave the Title of King to the Duke oi Bohemta, with 
 the like Referve of Sovereignty ; in which there has been no Alteration fincc, as well 
 by reafbn of the Smallnefs of the Kingdom in the Neighbourhood of the Imperial 
 Seat, as becaufe this King is an Elector. 
 
 \V E have elfewhere obferv'd, that Cujacius ' and fbme others believ'd, that 
 England once acknowledg'd itfelf Feudatory to the Emperor, but that France never 
 did. But the EugliJJj give him the Lye ; and Arthur Duck "■ fays, that Cujacius 
 \vrote this without any Ground, for in the lame Century that France fliook off the 
 Yoke of the Empire, England did the fame, and the Britons are as independant of 
 the Empire as the French. 
 
 THUS both the Pope and the Emperor claiming a Power to make Kings, and 
 pretending that all Dominion depended on them, there arofe an obftinate Difpute 
 amongft our Dodors, according to their different Factions, fome maintain'd the 
 Opinions of Clement and Adrian, that the Empire, and all Kingdoms depended on 
 the Pope ; others fided with the Emperor ; and Bartolus ^ a Stickler for the Rights 
 of the Empire, was fo ftiff in his Opinion, and run into fuch Excels, that he did not 
 Icruple to pronounce him to be a Heretick, that would not own the Emperor for 
 Lord of all the World ; for which he was chcck'd by Covarruvias *, and other 
 \\'riters, who look'd upon fuch a Propofition with Scorn. 
 
 BUT araidft this Variety of Opinions, while Ibme maintain'd the one, and fome 
 the other Side of the Queftion ; they all agreed that the Sovereignty of the Chriftian 
 World, depended either on the Pope or the Emperor. A Propofition as falle, as 
 repugnant to good Senfo, and to what we oblerve in other Kingdoms and Monarchies ; 
 for Sovereignty proceeds from nothing elle, but either from Conqueft, or the Sub- 
 mifHon of the People • neither has the Pope, as may be obferv'd in many Places of 
 this Hiftory, as SuccefTor to St. Peter, or as Vicar of Chrift, any Right to pretend 
 to it ; for the Power given to St. Peter, by him who declar'd that his Kingdom was 
 not of this World, had no relation to an Earthly and Temporal, but to a Spiritual 
 and Eternal Kingdom in Heaven, as we have fully demonflrated in the firft Book, 
 when we had occafion to treat of the Ecclefiaftical Polity. And tho' now a-Days 
 we lee him Lord of fo many States, and in Polfeflion of many notable Prerogatives 
 in the Dominions of other Princes, yet all is owing either to the ConcelHon and 
 Toleration of Princes, or to Cuftom, which by length of Time, and their exquifite 
 ^Management and Cunning, has taken fuch deep Root, that in many Countries 'tis 
 not poflible to eradicate it, whereof our Kingdom is a very flagrant Inftance, which 
 became a Fief of the Church, by the voluntary ConcefTion and Connivance of its 
 Princes, who permitted the Popes to make many Incroachments, as we fiiall lee in 
 the Courfc of this Hiftory. 
 
 MUCH lefs can the Emperors of Germany pretend to this Power ; for the King- 
 doms not conquer'd by Charles the Great, fuch as Spain, and many others, certainly 
 continu'd real Monarchies, and independent of the Empire. Neither can the Empire 
 of the Weft's being reftor'd in the Perfon of this Prince, import any thing elle, but 
 that partly by Succeflion, and partly by Conqueft, he made himlelf Mailer of fo 
 many Kingdoms and Provinces, that he could juftly take the Title of Emperor ; 
 and afterwards the many Kingdoms and Provinces, fuch as France, &c. which were 
 loft by his Succeftbrs, return 'd to the State they had been in before Charles the Great 
 alTum'd that Title ; and either by Conqueft, or the SubmiiHon of the People, came 
 under the Dominion of other Princes, and thefe, as real Monarchs and Kings, 
 polfels'd them independently ; but the French pretend, that /r^^wfe was fo far from 
 being a part of the Empire, that the Empire was rather a part of the French 
 Monarchy. 
 
 THUS Roger, with refpedl to Sicily, which had never been conquer'd by 
 Charles the Great, nor ever fubjefted to the Empire of the Weft, but rather to that 
 of the Eaft, had no occafion to have recourfe to the Empire of the Weft, when he 
 refolv'd to eredt it into a Kingdom, as it anciently had been. And tho' the Em- 
 perors of the Weft were Sovereigns of the Provinces comprehended in the Duke- 
 dom of Bcnevento, when it was at its greateft Height, and were acknowledg'd as 
 
 ' Cuj. 1. I. cJeFeud. tit. 2. k. & quia vidimus, i ^ Bartol. in 1. hoftes, dc Captlvis. 
 ' Arch. J« Auth. Jur. Rom. lib. z. de Angl. I ■* Covar, pratt qusft. i. num. 2. 
 
 num. I 
 
 fuch 
 
 t
 
 Book XL /Z?^ K I N G D o M 0/ N A P L E S. 505 
 
 fuch by the Longohard Princes j yet the Normmis afterwards lop'd off that Dukedom 
 from the Empire of the Weft, as they did PugUa and Cilal^ru;, from that of the 
 Eaft, and govern'd them as independent of both thefe Empires. And tho' at firft 
 they had receiv'd the Inveftiture o( Piiglia from the Emperors of the Eaft, yet, as 
 we have feen, that was not regarded, becaufe the Normans afterwards ctiole rather 
 to be Feudatories of the Apoftolick See, than of the Empire : Neither did the Em- 
 perors of the Eaft mind it much. However, 'tis true, that both Lcfbaire and his 
 SuccefTors, when Occafions offer 'd, did not fail to keep up their Pretenfions to 
 Sovereignty : Thus Lothaire^ when Katniilpbiis wanted to be inverted with the 
 Dukedoms o£ Piiglta and Calabria^ in Oppofition to our Kogcr^ pretended to inveft 
 him ; and on the other hand, Pope Iimocem II. pretended it belong'd to him to o'wc 
 the Inveftiture : In order to prevent Quarrels betwixt them, of which Roger the 
 common Enemy would have taken Advantage ; it was agreed that both (hould give 
 Inveftiture, which they both perform'd with the Standard. And there was a Dis- 
 pute betwixt /wwore;/^ II. and the iamc Lotbaire^ about the Principalities of ■i'^^/^v/o 
 and Amalpbis^ of which the Popes had not as yet given any Inveftiture j Lothaive 
 pretended to give it, which the Popes ftrenucuily oppos'd, upon which arofe thofc' 
 Diiputes, which our Roger made the beft of to his own Advantage '. And oa 
 account of the lame Pretenfions, in Times lels remote from us, Henry Vll. the firft 
 Emperor of theHoufeof Liisemberg, i^ummon d Robert ¥J\ng oi Kaplcs, and Count 
 o{ Provence, before his Tribunal at Pi fa, becaufe he pretended that the Kingdom of 
 Naples was a Fief of the Empire ; and having put him under the Ban of the Empire, 
 and depos'd him, he invefted Frederick King of Sicily with the Kingdom, who came 
 into Calabria in order to conquer it, and took Reggio and manv other Cities on that 
 Coaft. But Henry died foon after, ib that the Expedition turn'd to no account, and 
 Frederick being thus difappointed, return'd to Sicily. 
 
 BUT the Empire being now confin'd to Gennany, the Emperors are look'd upon at this 
 Time as fimple Princes, who cannot fo much as pretend to be Sovereigns even there, 
 the Sovereignty being lodg'd in the Empire, as Bodinv.s has clearly prov'd ; and 
 other Princes being eftabliCh'd in their Kingdoms and Dominions, by a long Tracl of 
 Years, and altogether independent on the Empire, on good Grounds boaft, that 
 their States are true Monarchies, as doth our Kingdom oi' Naples, notwithftanding 
 the Inveftiture which our Princes receive from the Popes, which Inveftitures do not 
 in the leaft derogate from the Independency, Sovereignty, and Supreme Royalties, 
 ■with which they are adorn 'd, and by which they are reputed, as they really arc, true 
 Monarchs, as we ftiall ftiew in the Courfe of this Hiftory. 
 
 BUT let us return to the Coronation of our Roger : Tho' in thofe Times the 
 Emperors of the W'eft pretended to the Sovereignty of thefe our Provinces ; yet the 
 Popes had actually excluded them, and they had nothing left them but the bare 
 Claim. The Norman Princes therefore did not think fit to take Inveftiture from them ; 
 neither had they any Thoughts about it. But on the contraiy, the Authority of 
 the Popes was fo great in thefe Times, that Princes did not think they could afliime 
 the Royal, nor any other Title, without their Confent; the A'crwi^;/ Princes, eipe- 
 ciajly Roger, feem'd to be perfuaded of this. 
 
 AND there even are not wanting good Authors, who w rite, that F^oger never 
 took it upon him to be crown'd King, and to aftume that I'itlc, without the Per- 
 miflion and good liking of the Popes ; and that he was not twice crown'd, firft by 
 his own Authority, in the Year 1129, and next by Auacle!, in the Year 11 30; 
 for which we defire no better Voucher than the moft accurate Pellegrinus ', who, 
 from the Authority oi Falcon of Beneveuto, and the Abbot of I'el^fe, maintains, 
 that Roger made himlcif to be crown'd only once, and that by the Authority of 
 yinaclct ; for, by the Death of Honoriiis, which fell out in February in the Year 
 1 1 30, a Schifm having arifen betwixt Innocent II. and Anaclet II. both of them 
 being elc6lcd Popes the fame Day by oppofite Fadlions ; Roger was plcas'd to fide 
 with Anaclet, who, looking upon it as the moft lucky Thmg that could have hap- 
 pen'd to him, becaufe being fupported by fb powerful a Prince, he fliould be able 
 to withftand Innocent's Fadtion, dcny'd him nothing that he could demand ; fo that 
 Anaclet came to A'vellino in the Month o( Oihber of the fame Year, and appointed 
 the Time and Place of the Coronation, and the fame Month return'd to Benevento, 
 
 * p. Diac. lib. 4. cap. 17 * Pellcgr. inCaftigat.aJ Fa!c Ben. A. 1130. 
 
 6 P where
 
 5o6 The Civil History of Book XI. 
 
 where he caus'd the Bull to be drawn up, as we read it in Bamiius ; and fent one 
 of his Cardinals to Sialy, in order to crown him, which was accordingly perform'd 
 in Palermo, in the Month of December of the fame Year on a Sunday^ being the 
 Nativity of our Saviour, with great Solemnity and Pomp, which is defcrib'd by the 
 Abbot of 1'elefe, a contemporary Writer, and Eye-witnefs, and one of Roger's 
 Favourites. Falcon oi Beneveuto, Petrus Diaconiis ', all the Antients, and elpecially 
 the Abbot of I'elefe % mention this as the only Coronation oi Roger, without taking 
 Notice of any other. And to tell the Truth, if there had be"en any, furely the 
 Abbot of ^elefe, who wrote the Adions of this Prince fo particularly, and thofe 
 wherein Anaclet was concern'd, with fo much Exadnefs, had no Motives to pafs 
 over the firft in Silence, and conceal it out of favour to Rc^er. Neither would he 
 have neglcded to gi\'e an Account of the great Solemnity and Pomp, and the 
 Confent of fo many eminent Prelates and Lords, which are faid to have been 
 prefcnt at this firft Coronation, celebrated at a Time, when there was no Schifm in 
 the Church ; but when Hcnoritis, by the Peace made with Roger, was in the moft 
 ftrid Friendfhip with him. 
 
 THE firft we find that mentions this Coronation, fb folemnly perform'd by four 
 Archbidiop^, is Fazzelius =, from whom 'tis probable Sigonius had it. But thele 
 jumble many Things together with fo little Coherence, that they deferve as little 
 Credit. Others, in order to get this Story to be believ'd, alledge a Chronicle -» not 
 as yet printed, of a certain Maraldo, a Cartbitfian Monk ; but they don't tell how 
 old it is ; and Maraldo mentions only one Coronation. By thefe Arguments, and 
 becaufe all the Antients are filent, and make not the leaft mention of it, Pellegrinus 
 is of Opinion, that Roger was only once crown'd, and that by the Authority of 
 Pope Anaclet, whom, during that Schifm, not only he and his Kingdoms look'd 
 upon as true Pope ; but a great Part of Italy, and the Romans themfelves, as 
 having been eledcd by the Majority of the Cardinals, tho' Innocent had been eleded 
 before him, but by the Minority. I know that Inveges, not fatisfied with thefe 
 Arguments of Pellegrinus, is of the contrary Opinion ; he fays, that Roger having 
 been crown'd by his own Authority, as foon as /«;;ofe;;? was cleded, he intreated him 
 to confirm this Coronation by his Bull ; but not being able to perfuade Innocent to 
 confirm it, he defer ted Innocent, and had recourfe to Anaclet, who gladly complied 
 with his Rcqucft. However that may be, whether this was the firfl or fecond 
 Coronation of Roger, 'tis certain, that this Prince thought he could neither fecurely 
 nor lawfully afTume that Title, nor ered his Dominions into Kingdoms, without the 
 Pcrmidion or Confirmation of Anaclet, whom he look'd upon as true Pope, to 
 whom he had made his Dominions Tributary, and from whom his PredecefTors had 
 receiv'd Inveftiture. 
 
 ' Chr Caff. lib. 4. cap. 7. I ' "^^ ^^^- Decad. 2. lib. 7. 
 
 * Ab, Telefin. lib. 2 . cap. i . ' * Ciiron. M. S. di S. Stephano del Bofco. 
 
 SECT. I. 
 
 T'he Lrjejiitiire given by Pope Anaclet to Roger I. King 0/^ Sicily. 
 
 N' O W when Anaclet had fo great need of the Alliance and Friendfhip of 
 Roger, he not only made him King, and order'd all the Bifhops and Abbots 
 of his Dominions to acknowledge him as fiich, and to take the Oath of Fidelity to 
 him, but granted him a more ample Inveftiture, than ever his Predecelfors Dukes of 
 Puglta had been able to obtain • for befidcs inverting him with Stctly, Puglta and 
 Calabria, he likcwife gave him the ' Inveftiture of the Principality of Capua, and 
 
 ' Anaclet's Bull, Coronam Regni Sicilix, & » turn Capuanum cum omnibus tenementis fuis 
 Calabrix, & Apuliae, &c. Et Siciliam Caput quemadmodum Principcs Capuanorum tarn in 
 Regni conftituimus, &:c. Donamus etiam, & prefenti, quam in pretcrico tenuerunt. Honorem 
 auLtonzamus ubi, & tuis hsredibus Priucipa. j quoque Neapolis, ejufque pertineiuiarum, &c. 
 
 which
 
 Book XL 
 
 the Kingdom of NAPLES, 
 
 507 
 
 which will appear ftrange, of the Dukedom of Nap'.cs alfo, as the \\'ords of the 
 Bull bear, and as Petnts Diaconus likewife relates them '. 
 
 THOUGH it was even very ftrange to fee Anaclet give the Inveftiture of the 
 Principality of Capua to Roger, when Roben its own Prince was in peaceable 
 Pofleflion of it ; yet he could juftify it, and it was excufible, becaufe the princes 
 of Capua his Predeceflbrs, had receiv'd the Inveftiture of that Principality from 
 the Popes, and were reckon'd Feudatories of the Apoftolick See, in the fame 
 Manner as the Dukes of PugUa and Calabria were, and feeing Prince Robert adher'd 
 to Iiimceiit his Enemy, he might well colour the Fait with fuch a fpecious Pretence. 
 But as for the Dukedom of Naples, which depended on the Empire of the Eaft 
 and was govern'd by its own Duke Sergius, in the Form of a Republick, under 
 what Pretence Anaclet could do it, cannot truly be conceiv'd ; and if even the Nea^ 
 folitaus, as is alledg'd, did fide with Innocent, that gave him no Title to difpole of 
 that Dukedom, to which he had not the leaft Claim. But the Popes in thefe Times 
 got eafily over thefe Confiderations, when their Grandeur was at Stake ; they were 
 already accuftom'd to give Inveftiture of other People's Countries, to which they 
 had no Right, as they did of Sicily, and thefe our Provinces. 
 
 I T was not Roger s Bufinefs to examine narrowly into fuch Rights ; he wanted 
 but the Shadow of a Pretence, to conquer with his Arms, what the Pope gave him 
 by Word and Writ; which he thought was fufficient to juftify his Conquefts, and 
 which foon after he put in Pradice ; for he drove Robert out of that Principality, 
 and made War upon the Neapolitans, and thus made himfelf Alafter of both thefe 
 Dominions. 
 
 BUT perhaps it may be thought ftrange why Roger on this Occafion, was not 
 likewife invefted with the Principality of Salerno. The Reafon was, becaufe the 
 Popes pretended that that Principality belong'd intirely to the Church of Rome, 
 though it was not known by what particular Right. For which Caufe Gregory VII. 
 and all his SuccefTors, always excepted it in the Inveftitures, as we have obferv'd. 
 And when Lothaire took it from Roger, and was refblv'd to appropriate it to himfelf 
 Innocent was offended, and complain'd fadly, that he fhould offer to claim as his 
 own, what belong'd to the Church of RoJ^f, which occafion'd Quarrels betwixt the 
 Pope and Lothaire, as Petriis Diaconus relates *. The Inveftiture was given to Roger, 
 his Children and their VLtxxs, ji'.reperpetuo. And the Quit-rent agreed upon, was 
 Six hundred Schifati yearly '. 
 
 ' p. Diac. lib. 4. c. 97. Petrus prsterea Car- 
 dinalis Rogerio Duci Apulis coronam tribucns, 
 & per privilegium Capuanum Principatum, & 
 Ducatum Neapolitanum cum Apulia, Calabria, 
 & Sicilia illi confirmans, Regemque conftituens, 
 ad fuam partem atrraxlt. 
 
 *P. Diac. lib. 4. c. ii7- 
 
 ' Bulla Anaclet. Concedlmus igitur, donamus, 
 
 & auftorizamus tibi, & fillo tuo Rogerio, 8e 
 aliis fillis tuis fecundum tuam ordinationem in 
 Regnum fubftituendis, S: 'hxredibus fuis coro» 
 nam Regni Siciliae, Sc Calabris, & Apulis, &c. 
 Tu autem cenfum, & hxredes tui, videlicet 
 Sexcentos Schifatos, quos annis fmgulis Ro- 
 mansE Ecclefis perfolyere debes, &c. 
 
 CHAP.
 
 5oS 
 
 The Civil History of 
 
 Book Xr. 
 
 CHAP. I. 
 
 ^(^e Innocent II. /';/ Confederacy with the Emperor Lothaire, 
 makes War upon King Roger. The 'Prince of Capua, and the 
 T)iike of Naplcsyoj'w Lothaire, and are defeated^ and Roger takes 
 PoffeJJion of their Dom'tnhns. 
 
 N the mean Time Imiocent, feeing that Anackfs Fadion, which 
 Roger had joyn'd, was the mofl powerful, and that as he was the 
 Son of Petriis Leo, a rich and potent Roman Citizen, he could 
 not difpute the See with him in Rome, had privately, with 
 fome Cardinals that had elefted him Pope, retir'd from Rome to 
 Pifa, where he was receiv'd by the Pifans, with all the Marks of 
 Efteem and Veneration as true Pope. Ptfa in thefe Times was re- 
 markable amongft all the Cities o( Italy, for the Wealth and Bravery of its Citizens, 
 and much more for its Power at Sea ; here Imhcent foon after imbark'd in their 
 Gallies, and went to France, in order to perfuade King Leivts to take him under 
 his Protedion, againft the Power of his Rival. Being arriv'd in France, he call'd 
 a Council in Reims, where he excommunicated yinaclet, and all his Fadlion ; but 
 perceiving that the King ot France could not give him that AlTiftance, which he 
 then ftood in need of, he got the Emperor Lothaire to efpoufe his Intereft, in whom 
 he found a greater Difpofition and Readinefs, than in Lewis. Lothaire had a mind 
 to recover thefe Provinces, which he thought Roger had ufurp'd from him ^ and 
 laid hold of this Opportunity to induce the Pope to grant him the fo much con- 
 traverted Inveftitures. And which, as Petrus Diacontis ', a contemporary Author 
 writes, he immediately got. Baronius gives this Writer the Lye, and fays. That 
 Lothaire did pretend to them, but was oppos'd by the Abbot of Cbaravalle, who 
 advis'd Innocent not to give his Confent, and accordingly Innocent did refufe to give 
 the Inveftitures, and Baroniiis's Voucher is the W titer of the Life of this Saint, 
 which was Barnardiis de Bona'velle, a much later Author. 
 
 HOWEVER that may be. Innocent got the Emperor to come prefently into 
 Italy with him, where they found Anaclet in Pofleflion of St. Peter s Church ; In- 
 nocent went to lodge in the Lateran Palace, and the Jimperor with his Soldiers, took 
 up his Quarters in the Church of St. Paul. In tiie mean time many Barons ofPugl/a 
 that were difgufted at Roger, joyn'd Innocent's Fadtion. The moft remarkable 
 amongft them, were Raintilpbus Count of Airola and Avellin'^ ; Robert Prince of 
 Capua, and Sergius "Dvike of Naples. Rainulpbus, though he was the King's Brother- 
 in-Law, by having married Mathilda his Sifter, yet Ijore him a Grudge, becaule 
 when he us'd his Sifter ill. King Roger took her back, and fent her to Sicily, together 
 with her Son Robert; at the lame time he declar'd War againft the Count, took 
 Avellino and Mercogliann, and befides, Richard the Brother of Rainulpbus, who 
 had fpoken indifcreetly of him, filling into his Hands, he order'd his Eyes to be 
 put out, and his Nofe to be cut off To Rainulpbus, Robert Prince of C?/)/^ joyn'd, 
 as not well pleas'd with the King's Proceedings, who avowedly relblv'd to take his 
 
 Chron. CafT. lib. 4. cap. 97. 
 
 Principality 
 t
 
 Book \l. the K i n g d o m 0/ NAPLES. 505? 
 
 Principalitv from him, of wliich he got Anaclet to give him the Inveftiture, though 
 Robert was in Polfcnion of it. Scrg^itts Duke of Naples, for the lame Reafbns, enter- 
 raiii'd the fame Jealoufy, who, though while the King was in Salerno, after the 
 Vidory he had obtained over the Avirilpbitaus (if we can give Credit to the Abbot 
 oil'elcje, for the Archbifhop Kcmttaldus, and Fcilcon of Beue'vevto, mention no fuch 
 thing at this Time) terrified at his Power, and great Bravery, came and lubjeftcd 
 the City of N'ples to his Dominion ; neverthclels this Submillion, if there was any 
 fuch, took no Effed:, for afterwards he refolv'd with all his Might, to maintain the 
 Freedom of his City, and was a bitter Enemy to Koger, and affociatcd himlclf with 
 Rcbcrt and Kainv.iphns in the Intereft of Innocent ; and thefe Three, not content 
 with having entered into this League, hkewife ilirr'd up many Cities of Puglia 
 to revolt, and drew in with them many Barons, who took up Armsagainft their 
 own Sovereign, and put every thing in Confufion on this fide of the Fare. And 
 the Boldnels of thefe Confpirators increas'd, when they underftood that Lothaire 
 and Innocent this Year 113?, had enter'd Italy and were come to Koine, upon which 
 they made ready for a new, and more vigorous Expedition againft Roger ; and to 
 facilitate the Undertaking, Prince Robert, Count Raimilphus, and many other 
 Barons of thefe Provinces, and a Multitude of other People went to Rome to drive 
 Roger quite out of Puglia. 
 
 L I'M AIR E was crown'd at Rome by Innocent, in the Month of June in the 
 Year 113 3, with great Pomp, at which Solemnity many Dukes, Marqiiiffcs and 
 other Barons of Italy were prelent, at whofe Defire Lothaire, as his Prcdeceflbrs 
 were wont to do in Roncjglij, eftabliOi'd fome Feudal Laws, and after Conrad the 
 Salick, was the fecond that publifh'd written Laws concerning Fiefs ^ and at this 
 Time he confirm'd the famous Law of Conrad, about the SuccefTion of Nephews 
 and Brothers, of which we have made mention in the preceding Books, and exadly 
 as we fee it regiftred in the fecond Book of Fiefs ', which was falfly attributed to 
 Lothaire I. by Mclineiis and Pelligrinus, and v. hat gave occafion to the Miftakej 
 was the Carelefnefs of the Printers, who in place of Innocent's Name, had put that 
 of Eiigen, which the wife Cnjacius obferv'd. The moft accurate Pellegrinus ought 
 not to have queftion'd, that this Conftitution was Lothaire's, for the Infcription is 
 thus read ; Conftitv.tioncs Fetidalcs Domini Lotarii Impcratoris, qnas ante janiuim 
 B. Petri in Ctvitate Romana condidit ; as if Lothaire could not have eftablilli'd this 
 Law ante januam B. Petri, becaufe Otbo Frifingenfis '■ writes, that the Palace of 
 St. Peter was then in the PolTeflion of Anaclet ; for, either the Infcription may 
 have been vitiated, and the Word Eiigen put for Innocent, or even 'tis not im- 
 probable, that Anaclet may have permitted Lothaire to do it, fince it was a Matter 
 indifferent ; and the rather, that we read in grave Writers ', that Lothaire was no 
 fboner come to Rome, than he fent fbme prudent and religious Men to treat with 
 Anaclet, in order to remove Co grievous a Schifm, during which Time he might wefl 
 perform this Solemnity btfore the Gate of St. Peter's Palace. 
 
 ANDREA D'iSER NIA was no lefs miftaken in this Matter, who, on good 
 Grounds, finding that thefe Conflitutions could not bind thefe our Provinces, which 
 had been intirely difmcmber'd from the Empire by Roger, could not imagine that 
 among the Deputies of the other Cities of Italy, fuch as of Milan, Pavia, Cremona, 
 Mantua, Veroua, Ir'rviggi, Padua, Vicenza, Parma, Lucca and Pifi, thofe alfo of 
 the Citv of Siponto were prelent, as we read in that Conftitution ; for that City was 
 then fubjedt to Roger; Co that he conjedtur'd, either that the Place had been vitiated, 
 and inftead of Syponti, it ought to be read Seuanim, or (which ought to be pardoned 
 in that rude Age in which he wrote)' that there was another City in Lombardy or 
 ^ttfcany nam'd Siponto. For it was no ftrange Thing for the Deputies of Siponto to 
 be prefent, though this Meeting was held after thefe Provinces were leparated from 
 the Empire by Rosier, who being now forc'd by the Rebellion of his Barons, to 
 abandon Puglia, and retire to Sicily, in order to affemble his Troops, and fupprefs 
 the Rebellion ; could not hinder the Sipontines, who were Rebels among the reft, 
 from going to Rome, elpecially when they heard Lothaire was on his Way to joyn 
 them : Neither is it any Reproach to Roger, that his VafHils were forc'd to fubmit 
 to a Conftitution of his Enemy, as (hall be related on another Occafion 
 
 ' Lib. I. de Feud. tit. 19. f ' Capcc. Latr. lib. i. p. 14 
 
 *Erifing. lib. 7. cap. 18. 
 
 6 (^ BUT
 
 5 I o The Civil History of Book XI. 
 
 BUT all thefe warlike Preparations, and fo many Enemies of Rogers joyn'd 
 together, were not able to daunt this invincible Prince in the leaft ; for returning 
 from Sicily with a powerful Army, after alternate Fortune, fometimes lofing, fome- 
 times gaining, at laft he difpcrs'd his Enemies : forc'd Lotbaire to return to Germany 
 without Succefs, oblig'd Innocent to retire, anew, to Pifu, where he celebrated an- 
 other Council ; crufh'd the Pride o{ Katinilphus and Robert ^ fupprelsd the Rebellion 
 of the Barons of Puz^lia, and made the Province to fubmit : And all this Kingdom 
 was now under his Dominion, except N.iples, Benevento and Capiui^ and the Domi- 
 nions of Count Ra'mtilpbus ; he ftay'd a little in Salerno, refolving to conquer thele 
 Cities, efpecially Naples and Capua, in order to which he return'd to Sicily to re- 
 cruit his Army. 
 
 PRINCE Robert, who forefaw the Mifchief that threaten'd him, left no 
 Stone unturn'd to prevent it ; he went to Pifa, and made a League with the Fifans, 
 from whom he got a powerful Supply of Ships and Soldiers '. He likewife brought 
 over the Genocfe and Venetians to joyn the Pifans ; thence he return'd to the Princi- 
 pality of Capua, and from thence to Naples, where he was chearfully receiv'd by 
 Sergius, and Count Rainiilpbtis, who had retir'd to this City. He laid before them 
 the League, which he had newly concluded at Ptfa, in the Freience of Ii.vcceut, 
 with the Fifans, Gcncefe and Venetians, by which he had obliged himfelf to pay 
 the Ptfans Three thoufand Pounds of Silver. This News was lb \ery acceptable to 
 Sergius and his Confederates, that immediately without delay, they took the very 
 Plate out of the Churches of Naples and Capua, made up the Sum, and fent it 
 prelently to the Pifans. 
 
 BUT while they were thus ftrengthning their Confederacy, Roger with Sixty 
 Gallies, return'd from Sicily, landed at Salerno, and immediately laid Siege to Naples ; 
 but this City defending itfelf with the utmoft Bravery, he rais'd the Siege, and 
 march'd towards Capua ; and having taking Nocera, and many Caillcs in that Neigh- 
 bourhood, he attack'd Capua, which immediately iurrender'd '. The King enter'd 
 the City, and was honourably receiv'd, and with little Oppofition, haying con- 
 quer'd the other Places of that Principality, he return'd anew, and laid clofe Siege 
 to Naples. 
 
 THUS in this Year 1135, Roger, after various Turns of Fortune, to his other 
 Dominions, added the Principality of Capua, of which he had already got the 
 In\eftiturc from ylnaclet. He loon after invefted his Son AnpLu/hs with it, by 
 giving him the Standard with his own Hand, which was then the Ceremony us'd 
 in giving Inveftiture, therefore the Capuans proclaimed ylnpbiifus their Prince, and 
 fworc Fealty to him. But 'tis well worthy of Obfervation, that the Capnans Iwore 
 Fealty to Auphufus, Salvatauien Regis, ^ filii ejus Rogerii QDucis Aptili(X) fidelitate.y 
 qui ei in Regmini fucccjjitrus crat, as the Abbot of Tclcfe relates ; for Roger having 
 united the Principality of Capua to his Kingdom, though he had invefted Anfufus 
 with it, yet he would not fuffer him to govern it independently of the Crown, him- 
 felf, and his Son Roger Duke of Piiglia, who had been declar'd his Succeffor in the 
 Kingdom. 
 
 ROG ER, by his firft Wife Alberia, Daughter of Alphonfus King of Spain^ 
 had five Sons. 1 he firft, who was to fucceed in the Kingdom, and whom therefore 
 his Father had made Duke of Puglia, was nam'd Roger ' ; but he dying before his 
 Father in the Year 1 148, made room for his younger Brothers. 'Tis laid that 
 7'ancred, whofucceeded in the Kingdom of Sicily, was the Baftard Son of this Roger, 
 as (hall be told hereafter. The lecond was Tancred, to whom the Father had aflign'd 
 the Principality of Bari, or rather 7'aranto, becaufe he had not then acquir'd the 
 Principality of Capua, and he alfo died before his Father, or any of his Brothers 
 
 in 114.4- 
 TH E third was this Anphufus, or as others call him Alphufus, whence Hierouyiiius 
 Ztirita fuppofes, he was call'd fo from the Name of Alphonfus King of Spam, his 
 Grandfather by his Mother ; but IVolfgangus Latins'^ is of Opinion, that 'tis a 
 GothiJJj Name, deriv'd from Lielfonfus, and this from Ilildedrunzus a Gothijh Word, 
 a favore fciltcet & ainore foederis. 1 his Anphufus was created Prince of Capua by 
 
 ' Falco. Benev. j ^ Pell, in Stemm. 
 
 ^ Abb. Telefin- lib. ;. cap. 27. P Djac. lib. j "'Wolf Lac. Je migrat. gent. lib. lo. 
 4. cap. 97. 
 
 Roger
 
 Book XI. ^/:7^ K I N G D o M 0/ N A P L E S. 511 
 
 Rigger this Year 1 1 35, who Toon after, in 1139, having got Naples added to his 
 Dominion, likewile mide him Duke o( Xciples, according to Pe lief ritins ; but he 
 had the lame Fate with his other Brothers, for in the Year 1 144 lie died likewife 
 before his Father. 
 
 THE fourth was U'tlliam I. who, after the Death of Aupbufus^ was by his Father 
 created Prince of Capita^ and Duke oi Nciples ; and his other Brother K^^xer dvino- 
 afterwards, he was made Duke of Puglia in his Place; at laft in the Year 1151^ his 
 Father made him his Colkgue in the Kingdom, and he was crown'd and detlar'd 
 Succeflbr ; and accordingly on his Father's Death he fucceeded, and for many Years 
 held the Kingdoms of Sicily and Piiglia ; for Henry another Brotiier died youn<» 
 in his Father's Ijfe-tim°, before Rc^t;- his elder Brother. 
 
 KOGER. had other Wives, Sibylla a Sifter of the Duke of Bur'imdy, by whom he 
 had no Children, that can be found in the beft Writers ; Beatrix, by whom he had 
 Conjijat.'d. who being dcilgn'd for great Things, after various Turns of Fortune became 
 Wife of the Emperor Henry IV. and brought him the famous Frederick II. vvhofe 
 Aichievements fhall be the Subjeft of a part of this Hiftory. And there are fome 
 who to thefe three Wives of Roger add a fourth, who they fay was N. Sifter of 
 Aneiclct, of the Family of Pier Lioue ; and likewife a fifth nam'd Ariolda, a 
 Daughter of the Count of Alarfi '. 
 
 BUT whilft Roger kept N.'.ples beficg'd; and attack'd it by Sea, perceiving by 
 the extraordinary Bravery of the Citizens, that ic would not eafily furrender, he left 
 the Care of the Siege to his Captains, and return'd to Salerno, where he cmbark'd 
 in his Fleet, and went to S.'Cily, in order to return the following Spring to attack it 
 with a greater Army, as Alexiuider Abbot of St. Salvatore della Valle Telejia relates, 
 who here ends the four Books of his Norman Latin Hiftory. 
 
 I N the mean time Robert Prince of Capua had gone to Pifa for Afliftance ; but 
 he was too late, for at his Return he found Capita was already taken, and all his 
 Efforts to regain it afterwards were in vain ; fb that feeing himfelf in a defperate 
 Condition, he return'd anew to Pifa. Sergius Duke of Naples, likewife feeing his 
 City in fuch Diftrefs, and afraid heftiould be undone if he got not immediate Relief, 
 embark'd alio for Pifa, in order to get Alliftance ; but not able to obtain any, 
 return'd to Naples much afflided. 
 
 BUT Prince Robert leaving found Pope Innocent in Pifa, was fpurr'd on by him 
 to go into Germany, in his own and the Pope's Name to beg Affiftance of the Em- 
 peror Lothaire. Being arriv'd in Germany, he was courtcoufly receiv'd by the 
 Emperor, who lent him prelently back to Pifa, and alTur'd him that he would come 
 into Italy the Year following, to rid the Church of Rome of the Schifm, and to 
 rcftore Robert to his Principality. In thefe Times Bernard Abbot of Claravalle, 
 both on account of his Learning and good Life, had acquir'd a great Fame of 
 Sandlity over all Europe ^ fo that he was in no lels Efteem with the Emperor, than 
 with Pope Innocent, and his Advice was of great Weight ; and Innocent during this 
 Schifm had taken care to get him on his Side agAmii An ac let : 'Tis not to be 
 doubted but he was one of the moft powerful and effectual Inftruments in favour of 
 Innocent, and who taking his Part with Ardour, did him great Service. He did not 
 fail in thefe Conjunctures to write moving and preffing Letters to the Emperor 
 Lotbaire, that both as Defender and Advocate of the Church, lie would go into 
 Italy to crufh the Pride of the Schifmaticks, and take Revenge of Roger. And his 
 Zeal carried him fb far, that in one Letter which he wrote to Lothaire, he did not 
 flick to call Roger an Ufurper, and that lie iiad unjuftly ufurp'd the Crown of Sicily, 
 as Anaclet had the See of St. Peter : Cxfaris eft, faid he to Lotbaire, propriam vtndi- 
 care Coronain ab Ufurpatore Siculo. Ut etiam confiat 'Jiidaicam fobolem fedem Petri in 
 Chrifti occupaffs tnjiiriarii ; ftc proctil di'.bio omnis, qui in Sicilia Rege?nfefacit, contra- 
 dicit Cafari ; as if Roger had taken Sicily from the Empire of the Weft, and Lothaire 
 was to look upon himfelf as another OSlavianus Angiiftus, with regard to all the 
 Provinces of the World. 
 
 HOWEVER thefe Invitations were fo powerful, t'.iat at laft Lotbaire was per- 
 fmded to go a lecond time into Italy with a greater Army, rclblving to fupprefs the 
 Schifm, and Af'wzRoger out of thefe Provinces; therefore he wrote to Innocent, 
 that on the Feftival of St. James this Year 1136, he would lea\e Gerhumy ^ Pope 
 Innocent lent this News immediately to Sergius Duke of Naples ; and Prince Robert 
 
 ' Orderic. Vital. Carol. Dufrcfne in Stem, ad hill. Comnen. * Falc. Benev. 
 
 with
 
 c 1 1 The Civil History of Book XI. 
 
 with five Ships loaded with Provifions went to relieve Naples, which was fufFering a 
 dreadful Famine, being lb cloleiy block'd up, that Provifions could not enter at any 
 part by Land, prince Robert having aflur'd Scrgins .-jnd the Neapolitans of the 
 Emperor's coming, return'd immediately to Pifa, and fiom thence he went to meet 
 Lntbaii-e, whom he found already on this Side of the yf/pj, on his way to 
 
 Crevicna. 
 
 SECT. I. 
 
 Lothahc comes a fecoml T^ime hito Italy, and defeats Roger'j Army. 
 
 IT was in the Month o£ November oi this Year 1136, that the Emperor came to 
 Roiicaglia (which as we have formerly {aid, is fituated upon the Po, not far 
 from Placeiitia ' ) and according to the Cuftom of his PrcdeceflTors, call'd an 
 AlTtmbly of all the States, as well the Ecciefiaftick, fuchas Archbifhops and Bifhops, 
 as that of the Nobles, fuch as Dukes, Marquifo, Counts, and other Barons, .iiid like- 
 wile the Magiftrates of the Cities of Italy ; where at their Requeft, by a Conftitution, 
 he eftablifh'dfome other Feodal Laws, which chiefly regard the Prohibition of aliena- 
 ting Fiefs. We have this Conftitution in the fecond Book of Fiefs ^ ; and alio in 
 the third Book of the Longobard Laws \ Neither can Pellcgrpius * himfelf deny it 
 to be this Lothaire's, which is a convincing Argument, that the Compiler of the 
 Longobard Laws, join'd thereto the Conftitutions of the Emperors as Kings of //^/j, 
 beginning from Charles the Great, down to this laft Lothaire (for tliat of Charles IV. 
 was added a long time after this Compilation) becaufe the other Emperors who held 
 the Empire of the Weft after Lothaire, and who frequently came into Italy, efta- 
 blilh'd other Laws at Koncaglia concerning Fiefs ; the Compilers of the Feodal 
 Cuftoms in the Time of Frederick \. did not add them to the Longobard Laws, 
 but to the Body of Feodal Cuftoms, whence arole a new Body of Laws call'd Feodal, 
 which at laft was by Cujacius divided into five Books, as we (hall fhew in it^^ proper 
 Place. ^ "\ 
 
 ROGER had never been fo furioufly attack'd as now when Lothaire came the fecond 
 Time mto Italy ; in the twinkling of an Eye he loft the fineft Provinces of his Kingdom, 
 fuch as thofe on this Side of the Fare ; at the coming oi Lothaire the Hopes of his 
 Enemies increas'd, and the Malecontents grew bolder, and broke out into open 
 Rebellion ; for at firft Lothaire being apprized of the Straits to which the City of 
 Naples was reduc'd, and that the Citizens were dying in their Houles and in the 
 Streets of Famine, did not fail to fend Letters and AmbafTadors to Sergius and the 
 Neapolitans, encouraging them to continue to defend themfclves for a fhorttime, and 
 that he would come to their Relief. And indeed it was not long before he march'd 
 towards Ptiglia, and being come to the River Pefcara, he pafs'd it, and iiibdu'd 
 Terinoli, with many Places of that Province ^ and being arriv'd in Piiglia, took the 
 City oi Siponto, and fb terrified the People oiPuglia, and put them into fuch a Con- 
 fternation, that all the Cities as far as Ban, where-ever Lothaire went, fubmitted to 
 him. 
 
 1 N the mean time Imiocent had now left Pifa, and gone to Viterbo to meet the 
 Emperor, who, hearing of the Pope's being in that City, immediately fent Henry 
 his Son-in-Law, with three thoufand Soldiers, to bid him endeavour to conquer 
 the Strong-holds of Campagna di Roiiia?ia, and to reftore the Principality of Capua to 
 Robert, becaule he was to march another way, in order to conquer the other 
 Provinces of Puglui from Roger ; whereupon Imiocent with another Army came to 
 St. Gerjitauo, which immediately yielded to him. From thence having march'd to 
 Capua, and there being none to refift Iiim, he prefently made himleif Mafter of th.^t 
 City, and reftor'd both it and the Principality to Robert K And afterwards he 
 march'd to Benevento, where, after a (hort Difpute, the Benenjeutans furrendcr'd to 
 bim. From thence he went into Puglia in qucft of Lctha/re, who had already taken 
 
 ' Otho Frifiiig. in Trid. lib. 2. cap. iz. 1 ^ LL. Lnngob. tir. ult. lib. 5. 
 Guiuher, lib. 2. j '* Pcllegr. aJ Anonym. Cadin. A. lljf. 
 
 * L- i. tic. j-2.prohib. Feud, alien, per Loth. * * P. Uiac lib. 4. cap. 10/. 
 
 Bar/,
 
 Book XL the K i n g d o m oy N A P L H S. 5 1 ■» 
 
 Rari, and only wintcd to take its ftrong Caftle, which Ao^^cr had built, and 
 provided with a ftrong and brave Garrilbn ; but at lafl: it being taken, the Emperor 
 and Innocent m;.rch'd againlt Mclvbis of" Pii^lsa, and h:rving beficg'd it for Ibmc 
 Time, at laft they became Makers of it. 
 
 IT was this Year 1137, that Lotbajrc, after taking Puglia from Roger, had a 
 mind to create a new Dnke of it, and for that end caus'd a Parliament to be con- 
 Ysri'd in Melpbis, to which he invited all tiic Barons of that Province, wherein he 
 proDos'd the Creation of this new Duke ; and in the mean time fcnt his Armies to 
 befiege S.Uerno. On this Occaiion th?re arofe terrible Difputes about this Creation ' j 
 r.moceut pretended, that as his PredecelTors had inverted the Norwans with the 
 Dukedom of Puglh?, fo now when it was taken from them, he had a Right to invert 
 others '. On the otiier Iiand, Lotharre pretended that thefe Provinces depending on 
 the Empire of the Weft, the Emperor had a Right to give the Inveititure of them ', 
 as the Emperor Hairy had aftually inverted the Nornuirs with them. The Difpute 
 came to fcch a height, that had it not been for fear that Roger the common Enemy 
 fnould take Advantage of it, it would have ended in an open War. Therefore 
 Expedients were falltn upon, whereby neither the Rights of the Empire, nor thole 
 of the Church were to liiffer any Prejudice • and it was agreed betwixt them that 
 the new Duke rtiould be inverted by them both *. Rainulphus Count oi Avelitno, 
 .1 Nonn.vi by Nation, and not a German., as Sigonius believ'd % a Kinfman of the 
 King's, and Son of Count Robert, who was defccndcd from the old Count Raimil- 
 phns. Brother German of R/V/^^ri I. Prince of Grpa^, was eleded. 
 
 R. 4 1 Nil LP II US then was created Duke of Piiglia, and receiv'd the Standard, 
 as a Symbol of the Inveftiture, from the Hands both of the Pope and Emperor. 
 And Falcon of Benevento adds, that on the fifth of September, the fame Pope Inno- 
 cent ano'nted Ra'midpbtts as Duke of Pngli a in the Cathedral Church of Benevento^ 
 at which were prclent the Patriarch of Aqiiileja, many Archbifhops, Bifhops and 
 Abbots. Thus did Rogers two mort bitter Enemies, who had diftinguifh'd them- 
 felves in Favour of io?/7^/Vi? and the Pope, receive the Rewards of their Zeal and 
 Labours ; Robert was reftor'd to the Principality of Capua, and Rainulphus was 
 advanc'd to a higher Dignity. Sergius with his Neapolitans ftill ftood out the Siege 
 of their City with unheard-of Conftancy, in the Midft of terrible Calamities and 
 Want ; therefore Lotbaire and Innocent refblv'd to march towards Naples with all 
 their Forces, but their Armies being about Salerno, they had a Mind firft to take that 
 City, and thereafter to raife the Siege of Naples ; and in the mean time they might 
 e-spe(5t the long-look'd for Succours from Pifa, without which that City could get no 
 Relief by Sea, and without which they were not able to reduce Aiualphis, and the 
 other maritime Places in the Neighbourhood. In the Interim the Pifans with a 
 hundred arm'd VeflTels, as they had promis'd, arriv'd moft opportunely at Naples, 
 and having landed a Reinforcement and Provifions, which put this City out of 
 Danger of being forc'd to furrender, the Emperor order 'd them to fail immediately 
 for Anialphis, to reduce that City with the neighbouring Places, and accordingly 
 they fet fail with forty Galleys, and took Anialpbis, Scala, and Ravello, where they 
 got a great Booty, and reduc'd them to the Emperor's Obedience. 
 
 ' Idem, lib. 4. cap. \c6. 
 
 '■ Idem. 
 
 ' Ocho Frinfing. in Chron. 
 
 Sigon. do Reg. Ital. lib. u. 
 
 4 
 
 ' Falc. Benev. 
 
 " Pellegr. in Stemm. 
 
 6Vi C H A P
 
 514 
 
 The C I V 1 r. History of 
 
 Book XL 
 
 C H A P. 11. 
 
 The 'PnudeCis found in Amalphis. The Roman 'Jurifprudencej 
 and the Books oyjuftinian yev'tv'd in the Academies o/ Italy. 
 
 T was upon this Occafion, that the City oi y^nialphis^ tho' it had been 
 taken b\' Force, become more renown'd in the liicceeding Ages, than 
 all the other Cities of Europe ; for a Citizen o^ ^malpbish^d found out 
 the .Mariner's Compafs, and now on this Occafion this fame City had 
 the additional Glory of the Emperor Jv.flinianh Pandedls being found 
 in it, which fome believ'd, was the very fame Copy that this Emperor 
 had caus'd to be compiled. The Copies of this Volume were in a manner loft, 
 becaufe of the many Collcdtionsof the Bafilicx^ and for many other Reafons which 
 we have mention'd in the feventh Book of this Hiftory ; only in France^ as we have 
 ob{erv'd ellewhere, there were ftill Ibme Copies handed about ; for we lee that Ivo 
 oi Cbartres^ who flouriiTi'd in the Time of Pcr/c-W II. about the Year 1099, in his 
 Letters often quotes the Laws of the Pandeds '. But all Memory of them had 
 been loft in Italy ; only, as we have faid, his Code, Inftitutions and Novellx were 
 known, which was owing more to the Care of the Popes and Monks, who were then 
 the only learn'd Men, than to any thing elfe. 
 
 INDEED we iee many Laws of the Code quoted in the Decretals of the Popes, 
 fuch as thofe of Gregrry III. and other Popes ' ; the Inftitutions and Nonsellx were 
 better known, for we have feen, that the famous Abbot Defideriv.s preferv'd the Copies 
 of them in the Library of the Monaftery o( Alonte Caffiiio ; but the Pandeds, which 
 WIS the fineft Part, and contain'd the Beauty and Politenels of the Kowan Laws, 
 were little known among us. 'Tis as yet a Q^ueftion whether part of them was not 
 preferv'd in Kavenna. Gtiidn Puncirolus ^ relates the Opinion of ibme, who believ'd 
 that tt»e Pandedts were found in an ancient Library in Ranjenna^ and which being 
 offer'd to Lothaire^ he found them to be the genuine Work of the Emperor Jujitiiiaii, 
 and order'd that they ftiouid be publickly explam'd in the Schools. But the fame 
 Puncirolus look'd upon the Opinion of thofe to be better grounded, who write, that 
 Jujlinians Code was found in Ravenna, and not the Pandeds, which this Year 1 130, 
 on the abovemention'd Occafion were found in Amalphis. 1 his Glory then is owing 
 to Ainalpbts not far from Naples, not to Melphis in Puglia, as ibme on the other 
 Side of the Alps have written, who were not well acquainted with the particular 
 Places and Cities of thefe our Provinces, therefore have often miftaken and con- 
 founded the one City with the other ; as on the other hand, they have faid, that 
 the Council celebrated in Melphis in Puglia, in the Year 1 059, was held in Amal- 
 phis. Some others, perhaps out of Love to their native Country, have not ftuck to 
 fay, that the Pifans found them when they reliev'd Naples ; and haxing taken them 
 from the Neapolitans, carried them to Pifa : 'Tis ftrange that Stimmontes fhouid give 
 into this Conceit, repugnant to all Hiftory ^ and Franct/cus hath inierted it among 
 other Dreams with wliich he ftuff' d his Hiftor)'. And a Modern \\ ricer of Pugl/it 
 likewife dream'd, that the Pandeds were neither found in Amalphis nor Naples, but 
 in Molfettay for no other Realbn but the Similitude of the Name, and that Molfetta 
 
 ' IvoEpift.4f, 6p, &:c. 
 
 * Cap.lator, dePignor. where the Pope refeis 
 
 to 1. qui filios 6. C. quae res pignor. obllg. pof. 
 ' Pancir. deClar, LL- Incerpr. iib. 2. cap- 1) 
 
 was
 
 Book Xr. //-7(? K I N G D o M 0/ N A P L E S. ^ 1 1 
 
 was the Place of the Writer's Nativity : Tims to this very Time (as the native 
 Countries of //o/v/er and T'^t/Zo are contended for) many Cities dilpute the Glory of 
 this Invention. 
 
 NOT to mention the ancient Annals, thofe who have feen in the Courfe of this 
 Hii'tory how famous the Amalphitans were for Navigation, and their grtat Com- 
 merce with the Eallern Parts and Gi-eiLc\ which tiio(c Cities that alpir'd to this 
 Glory had not, will think it very reafonable, that among other '1 hings which the 
 Amalpbttans brought to their City from the Eafl:, they may likcwife have brought 
 the Pandedi, fo rare a Book, and in which the Beauty of the Roman Laws was 
 contain'd ; and 'tis commonly faid ', that an Amal-[>hitan Merchant in a Voyage to 
 the Jiaft bought them there, and at his Return made a Prefent of them to his native 
 Country. Neither is it quefVion'd, but that the Pifans, among the other Booty 
 which they got in Amalpbts, found the Pandcfts, and that as a Reward for the 
 Trouble they had been at in this Expedition, they only begg'd this of the Emperor 
 Lothan-c, who willingly granted their Requeft ; ib that being carried by them to 
 P//-?, they got the Name o{ Pai/de^x Pijaiia, which Name they had little lefs than 
 three Centuries, till the Year 1416, when the War broke out betwixt the Pifms 
 and Floraitnies : Guido Caponio^ a FWrcntme Captain, having beficg'd and taken 
 Pifa^ and found the Pandedls, as a great Part of his Triumph carried them to 
 Florence^ where, with great Veneration, and as a Thing of vaft Value, they are now 
 preferv'd in the Library of the ilfa/za, divided into two Tomes; lb that tho' for- 
 merly they were call'd Pifance^ they are fmce call'd Florentince. Plotius Grifus, and 
 Kainems Grachiiia a Pifan^ and a moft ancient Hiftorian, who wrote de Bella 'Tv.fco^ 
 more than 300 Years ago, confirm the fame ; and Pktius tells us, that he had in his 
 Cuftody an ancient Inftrument of this Donation which Lcthaire made of the Amal- 
 fbitan Pandecfts to the Ptfaus. See Sigonms % Raphael Volteranii.<:^ Angelas Poll- 
 tianus ', Antonio Gatto *, Franccfco Taurello \ Arthiiriis Duck % and all other 
 Writers, down to Bttrcardus Struvius % who is the laft of the Moderns that con- 
 firms it. 
 
 1' H O' Lothaire had yielded a Thing of fb great Value to the Pi fans, yet being 
 a learn'd Prince, and efpecially a prudent Law-giver, he did not fail to look into the 
 Pandefts, and perceiving that the Beauty of the Roman Laws was contain'd in them, 
 refolv'd that they fliould no longer remain in Darknefs, but be brought to light for the 
 Benefit of Mankind. There is a great Difpute betwixt thole of 5(//i;^;;<2 and other 
 Writers, whether Lothaire eftablifli'd by an Edidt, that the Pandeds (hould be pub- 
 lickly read in Bologna, or that they fhould be taught there with the other Books of 
 fuftinian, by Irnerius for private Ufe. The Doftors oi Bologna fay, that Lothaire 
 order'd fmerius, who read Philolbphy in Bologna, to explain them publickly, which 
 he began to do in the Year 11 28, but then the Pandedts had not been found in 
 Ainalpbis. Conradus Ufpergenfis after having related the Hiftory of Lothaire, fays, 
 that /r;;m«j explain'd them at the Defire of the CounteCi Mathilda ; and in the 
 Arguments of the Hiftory of Bologna, which arc attributed to Carolus Sigonius, we 
 read, that the Countefs Mathilda had order'd Irnerius in the Year 1 1 02, to explain 
 the Pandecb, and that he there made the firft GlolTes on them. But Burcardus 
 Strnviiis ' looks upon what Conrade relates of the Countefs Mi«//^;7<;^^'s having impos'd 
 this Task on Irnerius, in the Reign of Lothaire, as fabulous ; for 'tis certain, 
 that Mathilda dixcA. in the Year 11 15, before L^ri^/re was Emperor ; and the lame 
 Sigonius likewife confutes what Conrade fays, for the fame Reafon '. Whence 
 Striivitis believes, that thofe Arguments which we read at the End of the Hiftory of 
 Bologna, could never be the Work of Sigonius, who in his Hiftory of the Kingdom 
 of Italy, plainly aflferts the contrary, and checks Conrade who wrote it. 
 
 THEREFORE the moft grave Authors condemn thefe Accounts as fabulous, 
 and tell us, that Irnerius never explain'd the Books of Jujlinian in the School of 
 Bologna, neither by the Authority of the Countefs Mathilda, nor the Command of 
 Lothaire^ but for his private Study, and to pleale his own Ambition. 
 
 ' Copecelatr. lib. i. hift p. ^J". 
 
 ^ Sigon. de Regn. leal. lib. 11. p. 170. 
 
 ' Polit. Mifccl. cap. 41. 
 
 * Ant. Gat. hift. Gymnas Picin. c. 2. p. 92. 
 ' Taurel. in Prxfac. PP. Flor. 
 
 * Arth. lib. 3. cap. /. num. ij. 
 
 1 Struv. hift. Jur. Juft. reftau c. f. §, 8. 
 
 * Idem, § 10. 
 
 * Sigon.de Rcgii. Iral. lib. 12. p 272. In 
 CO tamen aperte falfus, quod Matiidis rogatu id 
 fufccpilTe muneris ait, qua; multo ante Lotharii 
 Imp. e viia migrayit. 
 
 JELNEKIUS
 
 5 1 6 The Civil History of Book XL 
 
 IKNEKIUS in thcfc Times, when the Jurilprudcnce and other Learning 
 began to revive, was look'd upon as one of the bcft I.awjtrs. Curuiany^ Milan and 
 Florence^ all lay claim to him as their Country-man ; he Hrft apply'd himlclf to the 
 Study of Philofophy and Humanity, fuch as they were in thcle Times, and 'tis 
 thought he made a Vo)-age to the Levjiit, and ftudied in Cmfiautiucple ; from thence 
 he retiirn'd to Kaveiina, where he taught and acquired the Reputation of a Man 
 of great Learning. But afterwards he left Ka-vemuj^ and was invited to Bologna^ 
 wlicre he taught Philofophy. There had been a School cftablifh'd in Bologua, in 
 which the Jurifprudence was taught, whereof Pepo was a Profenbr ; and there 
 having arifen a Difpute among th^ ProfelTbrs about the Word As, fignifying Twelve 
 Ounces, Iriicriiis thereupon apply'd himfelf to the Study of Jiifiiuuins Books, and 
 became fo fimous a Profeffor of Law, that he eclips'd the Fame of Pepo. He 
 Ihidied Jiifrlnijii'sCodc, Inftitutions and Xo-vel/a, and thefe laft he adapted to the 
 Laws of the Code, in order to fhew wherein the latter differ'd from the ibrmcr i 
 he likewile made his firfl Gloffes on thefe Books ; and he was the firft, who in the 
 Year 112S, commented on the Rowa/zT Laws. Thole who write that in this Year 
 there had been another Copy of the Digefts found in Kavcniia, befides that, which 
 was handed about in France, lay, that Iruerius before the Fandeds were found in 
 ylmalphts (which Angelm PdiUani'.s ' believ'd to be Jiifiinians own Copy, notwith- 
 ftanding the Diflcnt oi Andreas Alcidtus % and Antoniv.s Aiigujlinus ', thougii 'tis 
 certain that all other Copies are taken from it, as being the moll: antient imploy'd 
 his Labour likewife on the Digefts, and taught them in Bologna with the other Bocks 
 of Juflmian, where he made his firft Comments. But others, who deny that, and 
 fay, that the firft Copies of tlie Pandeds that appear'd in Italy, were taken fi-om 
 thole of Amalphis, maintain, xha.\. Iruerius explain'd the Digefts in that Academy- 
 after they had been found in Ainalpbis, but not by the Command of the limperor 
 Lcthaire, but for his own pri\ate Study, as he had before explain'd the other Books 
 of Jiijlinian, and other Learning, without the Emperor's Order. Neither had tliat 
 Academy been inftituted in thcle Times by Lotbaire, nor do we read, that he com- 
 manded the Books of Jttftinian to be explain'd and taught there, as Fredencus 
 hindenhrogius affirms "■ ; and Her?namis Conriiigtus * lubjoyns, that if Lnthaire h.\6L 
 commanded fuch a Thing, and had had the School of Bologna i^o much at Heart, 
 when the Pandeds were found in Amalpbis, he would have made a Prefcnt of them 
 to the Profeflbrs of Bologna, and not to the Pifans. 
 
 BUT though we read no particular Edidt of Lothaire concerning this Matter 
 yet 'tis not to be doubted, but that this Prince favour'd thole Studies, and that the 
 School of Bologua flourifh'd more in his Time than formerly, for Irneriiis had made 
 a prodigious Progrefs in the Rowan Laws ; fo that thole Studies came to be cultivated 
 and promoted, and many applied themlelves to them, inlbmuch, that the School of 
 Irnerius produc'd able Dodtors, who either by their Pleading, or their written Com- 
 ments, illuftrated the Laws of Jnfiinian, and excited not only the Academy of 
 Bologna, but alfo all the other Academies of Italy to ftudy them. Whence arole 
 Martinus of Cremona : Biilgariis, who in the Time of Frederick Barbarojffa was lb 
 famous in Bologna : Hugo and Jacobus igolimis, Roger, Otho, and Placentitis who 
 were {b renown'd in the Academy o( Moutpelier in France ; a Dilciple of Bulgarus, 
 nam'd Pilctis, who was famous m Bologna and Modem, for his ^ixjl tones Sabbathinx ; 
 Alhertci'.s of Ra'veuna, and his Dilciple Azon, who was the chief Lawyer of his 
 Age, and Mafter of our Roffrcdo Beneventano, Baldnim, and many others. 
 
 *T I S generally belie\'d that from the Books of Jnfiinian being thus revived in 
 the Academies of Italy, and from the School of Iruerius, the Solemnities pradis'd 
 afterwards in creating of Doftors had their Rife, which are attributed to Iruerius 
 who, by the Authority of Lothaire, beftow'd the Degree of Doctor on the Pro- 
 feflbrs, and 'tis faid, that he was the firft who declar'd Bulgarus, Ugolinus, Martinus 
 and Pileiis ' Dodtors. And Acerbus Moreua * relates, that Iruerius being on his 
 Death-bed, his Scholars accofted him, and ask'd, whom he would recommend to be 
 
 ' Polit. lib. 10. Ep. 14. 
 '■ Alciat.difpunft. lib. ;. cap. 12. 
 ' Aut;uft. Emendat. lib. i. c. i. 
 " S;ruv hift. jur. cap. f. ^. 10. 
 ' l-iiidcnbiog. in Prokgom. in Co J. LL. 
 Antjq. 
 
 Conring. de Grig. Jur. Germ, cap 2 , 
 ' V. Ictcrum deGradib. Acadeniicis, cap. 5. 
 
 §• 9- 
 * Morena de reb. LauJenf. apud Leibnitcum, 
 
 torn. I. pag. 118. 
 
 cheir
 
 Book XL the Kingdom 0/ NAPLES. 517 
 
 their Mafter after his Death, to whom he nam'd Bidg^arus, Martinus, and Hugc^ 
 but they chole Jacobus^ and made him their Do<5l:or. But Itterius ',and Conriti^ius'- 
 reckon, that the Solemnity of conferring the Degree of Doftor in Academies,' took 
 its Rife from the French^ from whom the Italians had it. 
 
 SIGONIUS \ yirtbtir Ditck'^, and others believ'd, that Lothaire, befides 
 having commanded the Books of Juftinian to be read in the publick Academies, 
 order'd them to be pleaded in the Tribunals, and the Judges to negled: theLongobard 
 Laws, and give Judgment according to them. But their Opinion has no Founda- 
 tion in Hiftory, for we read of no Edid: of Lotbaire's commanding it, which 
 would have been neceflary, and there is not a Contemporary Hiftorian that mentions 
 it ; lb that the graveil Writers % and Lindebrogius * at large, confute their Error. 
 What clearly convinceth us of the contrary, is, that the Longobard Laws were kept 
 up in Italy, and efpccially in theie our Provinces long afterwards ; and according 
 to them. Law Pleas were decided in the Tribunals, only the Roman Law was by Tra- 
 dition obferv'd amongft the Country People ; neither in thofe Times were the Books 
 of Jtiftinian quoted, for they had not as yet acquir'd any Authority in the Courts, 
 as by degrees they afterwards did, rather by Cuftom and the Dint of Reafon, than 
 by the Law of any Prince. 
 
 B U T if there ever had been a Law for that Purpole, 'tis fure, it could have 
 been of no Force in our Provinces, that were imder the Dominion of Roger, 
 Lotbaire's Enemy. Roger, as we fhall fee anon, foon rccover'd all thefe Provinces 
 which Lctbairc had invaded, and overcame all his Enemies, and re-united the 
 Provinces to his Kingdom of Sicily, and eftablifh'd it in the Form of a true Monarchy, 
 which obey'd no other Laws but thofe of the Lougobards, and what others he made 
 afterwards. And this was not only during the Empire of Lotbaire, and his own 
 Reign, but likewife continued in the Times of the Norman Kings his Succellbrs, 
 who being ftill at War with Conrade, and Frederick I. who fucceeded Lotbaire, 
 never allow'd their Laws to be obferv'd in thefe Provinces ; and in Fadt, as (hall be 
 feen by and by. Law Pleas were not decided by the Roman Laws contain'd in 
 thofe Books, but by the Longobard, and the Roman Laws, which by way of Tra- 
 dition, were retain'd by thefe People. Neither was there with us any Opportunity 
 of reading thefe Books in our publick Schools, for till the Time of Frederick II. a 
 a great Favourer of Learning, and who introduc'd it into Naples, we had no Aca- 
 demies, and it was not till later Times, we being the laft in following the Example 
 of the other Cities of Italy, that the Study of thofe Books began in thefe Provinces, 
 and they were quoted in the Courts more through Strength of Reafbn, than as Laws, 
 as will be feen in the Courfe of this Hiftory. 
 
 ' Irter. Loc. cit. cap. 4. h- 25". 
 ' Conring. de Antiquitate Acad. difT. 14. 
 p. 1:4. 
 
 ^ SIgon. de Reg. Ital. lib. 1 1 . 
 
 "* Artli. deufu & author. Juris Civ. 1. 1. c. 14. 
 ' V. Struv. Hift. Jur. Juft. reftaur. cap. j-. 
 
 §. 10. Stokmans Decif. i. num. iS 
 '^ Linden, loc. cir, 
 
 6 S 
 
 CHAP.
 
 51& 
 
 Tloe Civil History of 
 
 Book XI. 
 
 ^,^as:S&3^^<),„j^^^^ 
 
 CHAP. III. 
 
 King Roger profecutes the War agahijl Innocent. Anadec diss ; 
 and foon after the Emperor Lothaire, and Rainulphus liuke of 
 Puglia Uke'wife dye. Roger recovers the Cities fwhich be bad 
 lojl 5 and all tbefe Provinces with the Dukedom of Naples, fub' 
 mit to his 'Dominion. Innocent is made 'Prifoner, and Peace 
 concluded betwixt him and Khg Roger^ to whom he grants the 
 Tnvejliture of the Kingdom. 
 
 MAL P HIS and the neighbouring Places being taken by the Pifaiis, 
 Lotbaire order'd them to fail to Salerno, and call'd Duke Ser^tus 
 from Naples, and Prince Robert from Capua, to go on the fame Ex- 
 pedition, and fent Duke Ri^/K«//>^WJ with a Thoufand Gf rw^;» j all 
 which being join'd, they la-d dole Siege to Salerno. 
 
 THIS City was defended by Rubert, King Rojre/s Chancellor, 
 without any other Troops but only Four hundred Soldiers, with ibme Barons of the 
 neighbouring Caftles ; but the Fidelity and the Love of the Salcrnitans to Karery 
 fupplied the want of a ftrong Garrifon ; thefe People who had been long under the 
 Dominion of this King, were moft faithful to him. To this was added, their Grati- 
 tude for the many Fav^ours which they had receiv'd from this Prince, who lov'd nnd 
 valu'd them above all his other Subjefts, and amongft all the other Cities of this 
 Kingdom, he had cholen Salerno for the Refidence of his Court ; and as in Srcly he 
 had fix'd his Abode in Palermo, fo when his Affairs call'd him into thefe Provinces, 
 he kept his Court in Salerno. Therefore they defended thcmfelves againft the Be- 
 fiegers with much Bravery, infomuch that the Pifans having Proof of their Courage, 
 in order to get the better of their Relolution, caus'd a Machine to be made for 
 making a Breach in the Walls of the City, which fb terrified the Salernitans, that 
 they began to dcfpair of being able to defend it any longer ; and when the Pop'e 
 and Emperor came to the Siege, they fcnt Meflengers to the Emperor, and fubmJtted 
 to him, on Condition, that the foreign Soldiers fhould have leave to go whither they 
 thought fit, whereupon Ibnie went away, and others with the Barons and Captains, 
 retir'd into the Caillc of the City, and maintain'd it gallantly for their Mafter. The 
 P//I?;«undcrftanding that the Salernitans had furrender'd to the Emperor, and had 
 been receiv'd by him without communicating the Matter to them, highly incens'd 
 at fuch a Contempt, immediately burnt the Machines, which they had made for 
 taking Salerno, and made ready their Veffels in order to return to Pi'/a ; and they 
 would adlually have been gone, had it not been for the Pope, who much valu'd 
 their Alliance, and who with Intreaties and large Fromifc;, ftopp'd them ; but 
 this Dilcord prevented the taking of the Caftle, which therefore continud to be at 
 Rcgf i-'s Devotion. 
 
 THE taking o{ Salerno occafion'd greater Difcord betwixt the Emperor and Jnno- 
 cent,\\\\o pretended that this City belong'd to the Church of Ro///e,and though hitherto 
 it was not known by what particular Right, neverthelels it was known that Gn'^or^' VII. 
 would on no account invcll; Rogcr^ nor any of his Succeflbrs with it, becaule of the 
 
 Claim
 
 Book XL f 7:7^ K I N G D o M 0/ N A P L E S. 519 
 
 Claim of the Apoflolick See to this City ; but Lotbairs ftrongly oppofing fuch 
 aClaim, made lunoceut to yield ' , for this cunning Pope was unwilling to break with 
 him, left Ko^er fliould take advantage of it. Howe\'cr Iiinccent was highly offended 
 and the Bond of Friendfhip which had united them hitherto, began to flackcn. 
 
 A T laft (thinking their Expedition was over) Innocait and Lotbaire left thefe 
 our Provinces, and the Emperor leaving Rainulphus his General, with man^ other 
 Officers, to oppole B^ogcr^ and maintain the Conquefts he had made, went with the 
 Pope to Kane, and from thence by the way of 7'ufcany march'd ftraight for Germany '. 
 But Roger, who all this Time had given way to the Fury of fo many Storms, was 
 waiting an Opportunity to recover all he had loft, and as loon as he heard that 
 Lothatre had left C.impagna, he aflembled a great Army in Sicily ; and hearing that 
 he was in Ko}ne on his way to Germany, in all hafte lail'd for Salerno, where he 
 landed his Army '. This City prefently furrender'd to its old Mafter, and from 
 thence he went to Nocera, which with all the Towns in the Neighbourhood belong- 
 ing to Rainulphus, immediately fubmittcd to him. He afterwards march'd to Capua, 
 and being furioufly inrag'd at Prince Robert, who had been the chief Inftrument of 
 Lothaire's coming into Italy, he took it by Force, and it fuiFer'd a terrible Pillage. 
 From thence with his vidlorious Army he march'd to Avellino, and after taking this 
 City with all the Places round it, he advanc'd to Benevento. 1 he Bene-ventans 
 being terrified at Rogers Succels, likewife fubmitted to him, and quitting the Party 
 of Innocent, to whom they had fworn Fealty a little before, in order to pleafe the 
 King, they fided with Anaclet. Roger from Bene-vento, march'd to Monte Sarchio, 
 which prclently yielded ; from thence entering into Puglia, with much Bravery he 
 fubjeftcd many Cities of it. Duke Raintdphns hearing that Roger was come into 
 Puglia, alTembled 1500 gallant Soldiers which he drew out of Bari, 7'rani, Jilelpbis 
 and Ti-oja, with whom he march'd againft Roger, being refolv'd ratlier to die with 
 his Sword in his Hand, than bafely to fubmit to his Enemy. 
 
 1 N the mean time Innocent was appriz'd of Roger's Progrcfs, and the Emperor 
 being at a Diftance, he knew there was no great ftreis to be laid on Duke kdinulpbiis, 
 nor the Emperdr's Officers, therefore he refolv'd to fend Bernard Abbot of 
 Claravalle, to the King, with a Commiffion to treat of Peace, and reconcile the 
 King and the Duke j but Bernard, who in thefe Times was in great Efteem, both 
 for his Learning and holy Life, not fucceeding, the King and the Duke came to 
 a Battle, which was gallantly fought, and Roger came off with Lois ; but not mind- 
 ing this Defeat, he retir'd to Salerno, where he recruited his Army, in order to in- 
 vade Puglia anew. However the Abbot of Clavaralle continued to treat with the 
 King about a Peace betwixt him and the Pope, and at laft he obtain'd, that Innocent 
 fhould fend three Cardinals, and Anaclet as many, to lay both their Claims before 
 him, and then he would determine what he fliould think moft equitable. According- 
 ly Innocent lent Cardinal Airnerico Chancellor of the holy Church, and Cardinal 
 Gherardo, both of them Men of great Reputation, and the Abbot Berjtard ; 
 and Anaclet likewife fent three of his Cardinals, to wit, Matteo his Chancellor, 
 Gregorio, and Pietro Pifano, a Man in thefe Times look'd upon to be very eloquent, 
 learn'd and well skilfd in the Holy Scriptures*. When they came to Salerno, the 
 King heard them for feveral Days, and then conven'd all the Salernitan Clergy, 
 and a good Number of his own People, with the Archbifliop William, and the 
 Abbots of the Monaftcries, and took the Matter into Deliberation, and after can- 
 vaffing it throughly, Roger fell on Means to prolong, and, according to Falcon of 
 Benevent'j, fpin out the Time oi" the Meeting, in order to amulc Innocent, and 
 Duke R^/7//.'//)/.;aj by this Treaty, that in the mean Time he might make up the 
 Loffes he had liiftain'd, and draw together a new Army. The Abbot of Bon.ivallCy 
 and Cardinal Baronius relate the Fadt otherwife than Falcon, who was, a Contempo- 
 rary Author. They fay that Bernard and Pietro Pifano only treated about this 
 Accommodation with R'-^fr, and though Pietro was convinc'd by Bernard's Realbns, 
 yet the King obftinately refus'd to agree with Innocent, inlbmuch that he oblig'd 
 
 ' P. Diac. lib. 4. cap. 1 1" Qjx res inter Pon- 
 titlcem, &i Ci-farem dillentioiiem maximam 
 iTiiniftravir, Papa diccnte, S.ilerniranam Civi- 
 rarem Romani Ecclcfix arrinere ; Imperatore, 
 i contra, non Pontifici, fed Imperatori pcr- 
 tincre dcbere, dicsnte. 
 
 ^P. Di.ic. lib. 4. cap. i2<). 
 
 ' Falc. Ben. Audicu'. Kcx Rogerius Inipcra- 
 torcru viani rccleundi arripuilic, cxercitu coii- 
 vocato, Salernum venit. 
 
 '^ Sigon. de Rcgn. Italiae, lib iz- Infignl pro 
 ca tempora cloquentia, lingularique dottrina. 
 
 the
 
 r 2 o 7he C I V 1 1, H I s T o R Y of Book XI. 
 
 the Abbot of Claravalle to leave Salerno, and return to Kmnc. However that may- 
 be, Roger without coming to any Conclufion, departed, and imbark'd in his Fleet 
 for Sieily, in order to return into Puglta with a greater Army. 
 
 BUT while he was in Sicily, Anaclet very opportunely died in Rome the feventh 
 Day of January this Year 1138, whofc Death put an end to this Schifm that had 
 difturb'd the Church for eight Years. The Sons of Peter Leo, and the other Ad- 
 herents of Anaclet, informed the King of the Death of their Pope, and ask'd his 
 Advice whether it was proper to chufe a Succeflor. Roger, whofe Bufinefs was to 
 keep up the Faftion, in order to fupprefs Innocent's Party, order'd a Succeflor to 
 be immediately chofen ; and accordingly Anaclet's Party join'd together, and eledcd 
 Gregorio Romano Cardinal of the Holy Apoftles, to whom they gave the Name of 
 Victor IV. But fuch was the Diligence of the Abbot Bernard, that by his Pcrfua- 
 fion, both Vtflor and the Cardinals that had eledted him, fubmitted to Innocent ; and 
 F/(!7o)* having ftripp'd himfelf of the Papal Ornaments, laid them at his Feet, which 
 put an end to the Schilm ' : Whereupon the Romans wcrefo well pleas'd widi Ber- 
 nard, that to do him Honour, they gave him the Name of Father of their Country ; 
 but he was fo Self-denying, and had fuch an Averfion for the Honours of this \\ orld, 
 that he left Rome, and return'd to his Monaltery of Clara-valle in France. Petnts 
 Diaconus % who here ends his Addition to the Chronicle of Leo OjUenfis, relates the 
 Story otherwile ; he fays, that Innocent brib'd the Sons of Peter Leo and their Ad- 
 herents, and brought them over to his Party ; fb that the Cardinals that had elefted 
 Vt^or, deftitute of all Afliftancc, out of cruel NecefTity fubmitted to Innocent. Even 
 taking this for granted, there are fbme who free him of the Crime of Simony, fuch 
 as the Abbot de Alice, by alledging fomc other the like Examples. 
 
 I NNOCE Nit iec'ing the Affairs of Ro;w thus fettled, and all Difcord at an 
 end, bent all his Thoughts on the War of Piiglia againft Roger ; for which end he 
 went to Albano, and aflembled a great Army to join Duke Ramulphtts : On the 
 other hand the King having likewife aflembled his Troops, pals'd over from Sictly to 
 Pitglia, in order to fubjedl the reft of the Cities of that Province to his Dominion. 
 Duke Rainulphus did not fail tooppofehim, but in vain, fb that the King was fully 
 refolv'd to befiege Melphis, but it was fb well defended, that he could not take it, 
 but all the Caftles in the Neighbourhood fubmitted to him, after wliich he return'd 
 to Salerno, and from thence went anew to Sicily. 
 
 THIS fame Year 1138, the Emperor Lotbaire died in the Valle cli T^rento ; a 
 Prince, who befides his military Qiialifications, and many Virtues, was a great 
 Encourager of Learning and Juftice, and deferves to be cxtoll'd above all others, 
 for having in his Time reftor'd the Splendor of the Roman Laws in Italy, and 
 allow'd them to be taught in the publick Academies there. Which was the Caufe 
 that in procefs of Time they afterwards recover'd fb much Authority, and became 
 fb refplendent, that they eclips'd all the Laws of other Nations, and defervcdiy have 
 the firft Rank in all Academies, and by them the moft knowing Part of the World 
 is guided. And above all other Princes he deferves immortal Praife from all Lovers 
 of the Civil Law. 
 
 THERE arofe terrible Difputes amongfl the Eledors of the Empire about the 
 Eleftionofa SuccefTor. Conrade T>uke of Suevia, Lotbaire' s Nephew, ^ind Henry 
 Duke of Bavaria, his Son-in-Law, fet up for it ; but at laft Henry being excluded, 
 Conrade was rais'd to that fublime Dignity, and was acknowledg'd as Emperor by 
 the Dukes, Princes, Marquifes, and all the Great Men of the Empire ■ for the 
 Right of eledling was not as yet confin'd to Seven only, as it was afterwards 3. 
 
 O N the other hand Innocent, w ho had nothing fo much at Heart, as to fupprefs 
 Rogers Party, in the Beginning of the Year 1139 conven'd a Council in Rome, and 
 excommunicated Roger, and all thofc who had been of Ana c let's Faclion ". But not 
 long after Innocent receiv'd a terrible Blow ^ for on t! e laft Day of April the Count 
 of Avellino and Duke of Puglia, who had harrafs'd t..:; King his Brother-in-Law 
 with a cruel and continual War, was taken ill and died in Tt-oja, and was buried 
 in the Cathedral Church of that City, and much lamented by the BiHiop 11 ,l!:ani 
 and the Citizens. 
 
 • Fak. Bcnev. ad A. 1158. VitaS- BcrnaiJi. 1 ' P. Diac. lib. 4. cap. 127. 
 
 * Lib. 4. cap. ult. I ♦ Falc. Benev. A 11 39 Odio Fri/lngenf. 
 
 THE
 
 Book XI. ^^^ K I N G D o M 0/ N A P L E S. 511 
 
 THE welcome News of the Count's Death coming to King Ko^er^ he loolc'd 
 upon the War as at an end ^ fo that having immediately afiemblcd his Army, he 
 crofs'd over to Salerno ', conven'd all the Barons that were in his Intereft, and went 
 to Beiievento, from whaice he march'd and took many Places belonging to the Count 
 oi Ariauo, who fled to 'froja, and thereafter he lubjected all the Cities and Cables of 
 the Capitanata. The King, as we have faid, had feveral Sons by his firft VV^ife 
 Alberta^ of which Roger was the Eldeft, therefore he created him Duke o? Ptiglia ; 
 he ftriving to imitate the Bravery of his Father, who had gone to the Siege of Jro/^J, 
 fubdu'd all the other Places of Pitglia, both Inland and Maritime - ; only Bari^ 
 which was gallantly defended by the Prince Giaqimito, held out ; fo that defpairin^ 
 to force it to furrender, he refolv'd to go and join his Father, who was encamp'd 
 round the City ofTi-oja. This City was defended by the Count of Ariano, who had 
 gone thither with a good Body of Troops, and defended it fb obftinately, that the 
 King was oblig'd to raife the Siege, and join'd his Son, and march'd to Ariano^ where 
 he prepar'd many Machines in order to take it. 
 
 I N the mean time Pope Innocent hearing the fid News of the Death of Duke 
 RainulpbuSj and the proiperous Succcfs of the King in P/.^Z/.t, unwilling to leave 
 thefe Places without Troops, conven'd his Army, and putting himfelf at the Head 
 of it, khKome, and march'd to St. Gerinano. Roger, by this Expedition of /«/w- 
 cent^s, being diverted in the Midft of his good Fortune, cndeavoiir'd, rather than to 
 come to a Battle with him, to Ibften him by Propolals of Peace, for which end he fenc 
 Ambafladors, offering to be at his Devotion. The Ambalfadors were courteoully 
 receiv'd by Innocent, who fent two Cardinals to Roger, inviting him to come to 
 St. Germann in order to conclude a Iblid Peace. The King had then return'd to the 
 Siege of I'roja, and having receiv'd the Cardinals with much Relpedt, rais'd the 
 Siege, and with the Duke his Son went immediately to St. Gerinano ; they continu'd 
 to treat about this Affair for the Space of eight Days ' ; but Innocent being obftinately 
 refolv'd to have the Principality of G?/)«;j reftor'd to Vx'mct Robert, to which the King 
 by no means would confent, the Treaty was broke off, and the King left St. Germano. 
 The Pope hearing of his Departure, march'd with his Army to Cajlello dt GallucciOy 
 and laid clofe Siege to it, which the King prefently getting Notice of, return'd in all 
 hafte, and on a fudden arriv'd at St. Germano ; the Pope, and Prince Robert, who 
 was with him, being catch'd napping, were fb terrified, that without any Delay, 
 they rais'd the Siege of Caftello di Galluccio, in order to fhelter themfelves in fbme 
 lecure Place; but the King immediately fent his Son the Duke of Piiglia, with a 
 thoufand brave Soldiers, to lie in wait and attack the Pope on his March. Which 
 Projed: fucceeded fo well, that the Pope's Army was defeated and put to flight, and 
 Innocent himfelf, to his great Reproach and Shame, with his Chancellor AlmericOy 
 many Cardinals, and other Men of Note, were carried Prifbners to the King,, only 
 Robert Prince of Capua made his Elcape ; the victorious Soldiers plunder'd the 
 Pope's rich Baggage, and found a great Sum of Money, 
 
 I N this unlucky manner have all the Expeditions of the Popes againft our 
 Princes terminated, and fuch has always been the Fruits of their laying afide their 
 own Charadter, and taking upon them that of Secular Princes, by marching at the 
 the Head of Armies, with a Helmet in the Place of the ^lar a *, and , . 
 a Ciurafs inftead of a Stole and Dalmatick. "^''^ 
 
 THIS remarkable Event fell out on the Twenty-firft of July in the Year 1139% 
 as the moft exaifl Pellegrinus ^ well proves, contrary to what Baronius and .0. Fran- 
 cifco Capecelatro have written, who, not underitanding this Place in Falcon, writes 
 that Innocent was made Prifbner on the tenth of this Month. Neither muft we omit 
 in this Place to fay, with the fame Capecelatro, who is the moft cxadt \Vritcr of the 
 Hiftory of the Norman Kings, of all the Moderns, that thofe who write that Inno~ 
 cent's Defeat and Imprifonment happen'd in the Beginning of his Reign, and was the 
 Caufe of the Schifm, are grofly miitaken ; for the Contemporary Authors, and thofe 
 who fliortly after have tranfmitted thefe Fads to Pofterity, place them in this Year, 
 and in the manner we have related, fuch as the Chronicle oi Falcon, a moft ancient 
 
 ' Falc. Benev. 
 
 * P. Diac. lib. 4. cap. 129. Prseter Barum, 
 Trojam, arque Neapolim, omni Terram quam 
 facile amiicrat, facilius cocpi: lecuperarc. j 
 
 ' Falc. Beiiev. 
 
 ■* Idem. A. 11 59. 
 
 5 Pellegr. in Caftig, ad Fa'c Ben. A. up. 
 
 6 T Writer
 
 511 The Civil History of Book W, 
 
 Writer of Bene'vento, the Anonymous Cajfinenfs, the Hiftorics of Archbifliop 
 Kojitualdo^ and ofOtbo Frtfingenf.s', and the many Letters written on this Subjed by 
 St. Bernard Abbot of Claravalle ; from the Authority of fuch grave and ancient 
 Writers, Cardinal Barcnitis, the laid Capecelatro, and the incomparable Cricick in 
 our Affairs Camilltis Pellezrhius, place chem in this Year. 
 
 BUT the Affedion of the Normans for the Apoftolick See, was as flagrant in 
 this Imprilbnment of Innocent, as in that of Leo ; tho' Roger according to the Laws 
 of War could have treated Innocent in the fame manner as he could have done any 
 other Secular Prince that was his Prifoner ; yet being ignorant of the Diftindion of 
 two Perlbns in one Pope, he paid him all the Honours and Refjjed which are due 
 to the Vicar of Jelus Chrift ; he fcnt Ambafladors to beg him Pardon, and intreat 
 him to be reconcil'd with him. Innocent more overcome by this piece of Generofity 
 and Greatnefs of Soul in Roger, than by his Arms, willingly confented to his Re- 
 queft i and four Days after ', on the Feaft of St. James, the Peace was concluded 
 in Bcne'vento. The Pope for his Part, abfolv'd Roger and all his Adherents from 
 the Excommunications he had thunder'd out againft them ; upon which the King 
 with his Son Roger went and threw themfelves at his Feet, and acknowledg'd him 
 lawful Pope, and fwore Fealty upon the Evangels, both to him and all the Popes 
 his SucccfTors, lawfully elected, and became their ValTals, by promifing to pay the 
 nfual Qiiit-Rent of 600 Schifati yearly, and to reftore Benevento. On the other 
 hand the Pope deliver 'd him the Standard, as the Cuftom was then, invcited him 
 with the Kingdom of Sicily, the Dukedom of Pitgjia, and the Principality of CapuHy 
 and acknowledg'd him King, and ct^nfirm'd him in all thofe Honours and Dignities 
 belonging to a King. 
 
 THIS Inveftiture was tranfcrib'd from the Regifters of the Librar}' of St. Peter 
 in Rome by Cardinal Baronhis, and is inferred in his Annals ; in which there are 
 many Things worthy of Obfervation. Firft Innocent fays, that he, following the Foot- 
 fteps of his Predeccffors, and having before his Eyes the Merits of Robert Guifcardy 
 and Roger his Father, who with fo much Toil and Labour had extirpated the 
 Saracens, implacable Enemies of the Chriftian Name, out of Stcily, reckoned them 
 worthy of immortal Glory ; therefore he confirm'd to Roger the Kingdom of Sicily, 
 with which his Predeceffor Honorius had inverted him, with the Prerogative of King, 
 and all other Honours and Royal Dignities ; and fubjoins the Reafon why Rogery 
 the Poffeflbr of that Ifland, ought to beadvanc'd to the Title of King, and Stcily 
 made a Kingdom, becaufe that Ifland formerly had the Prerogatives of a Kingdom, 
 and its own Kings to govern it, according to the Abbot of I'elefe ; thefe are the 
 Pope's W^ords, Regntan Sicilia quod iitiqiie, yroiit in antiqttis refertur hijioriis, Reg- 
 niun ftiijjey non dtibiiun eft, tibi ab eodem Antccejfore iioftro conceffum cum iutegritate 
 hotmris Regii, ^ dignitatc Regibtts pcrtinente, Excellentice tuce concedinms, & Apofio- 
 lica aiithorttate firmamits ; by which we may fee, that the Popes, among their other 
 Prerogatives, look'd upon that of ereding or re-eftablifhing Kingdoms and Kings, 
 to be one, and cfpecially Sicily, with which Roger's Predecefibrs had been inveft.ed 
 by the Apoflolick See. 
 
 /ATiVO CENT' confirm'd the Inveftiture of the Dukedom of Piigli a, which had 
 been given Roger by his Predeceffor Honor iiis ; and that of the Principality of Capua, 
 tho' Prince Robert was ftill alive, who was diverted of it ; and tho' formerly this 
 Pope had fb vigoroufly endeavour'd to have it reftor'd to him, yet now he gives the 
 Inveftiture of it to Ro2;^r, adding: Et infuper Principatum Capuanum integre nihiloriiinus 
 nojiri favor is robore communimns, tibique concedimus : Ut ad amorcm, atqiic obfeqftiiwi 
 B. Petri Apoftolorum Principis, Q nofirnm ac fuccefforum nojlroriim •vebenienter adfirin- 
 garis ; and thus he pretended to juftify Rog^er's Title to this Principality, acquir'd 
 only Jure Belli ; and for no other end, but that Roger and his Succeffors might be 
 the more Subfervicnt and Oblequious to the Apoftolick See, juft fo as Gregory VII. 
 declar'd in his Inveftiture. 
 
 ' Anon. CalTin. 
 
 SECT, 
 t
 
 Book XL /^^ K I N G D o M 0/ N A P L F. S, 52 ^ 
 
 SECT. I. 
 
 T'he Dukedom of Naples, Bari, Brindifi, and all the other Cities of the 
 
 Kingdom fubmit to Roger. 
 
 IT is well worth our Obfervation, that in this Inveftiture there is no mention 
 made of the Principality oi Salerno ; for the Popes, the' 'tis not known by Virtue 
 of what Title, have always pretended that this Principality belonged to the Apoftoliclc 
 Sec, as well as that o( Benevento. Neither is the Dukedom of Naples mention'd in 
 it i Co that they were much miftaken, who wrote that Innocent likewife invefted 
 Roger with Naples : We cannot but wonder when we read in the Hiftory of Naples 
 at laft publifh'd by P. Giannetafio ', that from this Time, Naples, from being a free 
 Republick, became fubjedt to the Dominion of Koger ; and the Author, as it were, 
 lamenting the Fate of his Country, by the Concern he (hews for its having loft its 
 Liberty, accufes Innocent for allowing of it, feeing that City belong'd to the Empire 
 of the Eaft ; as if, fuppofing the Fad true, it had been a new Thing for the Popes 
 to give Inveftiture of Dominons that did not belong to them ; and this appear'd to 
 be a Novelty to him, tho' he was not furpriz'd to fee the Popes give the Inveftiture 
 of P«_g//^ and Calabria to the Normans, which Provinces they had taken from the 
 Greeks, and to which they had no better Title than to the Dukedom of Naples. 
 This Dukedom was acquir'd by the Normans, not by the Inveftiture given them by 
 the Popes, but by the Right of Conqueft, and the Submiflion of the Neapolitans, as 
 fhall be related by-and-by. Only in Anaclet's Bull, after the Inveftiture of the 
 Principality of Capua, there is added, Honorem quoqiie Ncapolts, ejiifqitv pertinen- 
 tiarmi ; which meant nothing but the Honour of Dukes o£ Naples, by leaving the 
 City in its former State and Polity ; and 'tis Petriis Diaconus "■ alone, who writes, 
 that Anaclet, befides the Principality of Capua, invefted Koger with the Dukedom 
 of Naples ; but after Koger had made Peace with Innocent, he no longer minded 
 what Anaclet had done ; fo that he pretended no other Right to the Dukedom of 
 Naples but that of Conqueft, and the Submiflion of the People, in the fame manner 
 as he did to Amalpbis, Gaeta, the Principalities ofT^aranto and Salerno. 
 
 BUT let v.s return to where we left off: Koger, after having made this Peace, 
 freely left the City of Benevcnto to the Pope ; but while he was in that City, the 
 Neapolitans, terrified at Koger's Succefs, came and fubjefted their City to his 
 Dominion, as their Duke Sergius had formerly done. This Duke, if we may give 
 credit to Alexander Abbot of I'elefe, had fubjedted the City of Naples to Koger 
 many Years before ; but afterwards repenting of what he had done, join'd with 
 Prince Kobert and Count Kainulpbus, Koger's Enemies, and carried on a long War 
 with him ; afterwards he fided with Ko^er, and while he was fighting under his Ban- 
 ner, in the Battle which Koger loft near Salerno, he, together with many Barons be- 
 longing to Kainulpbus, was kill'd. 
 
 THIS Year 1139, the Ar^i^/)(3/.'f.-?;w having experienc'd Ro^fj-'s Valour, fubjeded 
 themfelves intirely to his Dominion ; and by the Death of Sergius, being left with- 
 out a Duke, with the King's Confent they elcdted his Son Koger '. Inveges proves 
 Koger to have been eleded Duke, and not Anfufus ; Pcllegrinus will have it to be 
 Anfufus. However that may be, altho' this Dukedom was fubjedlcd to Koger, 
 neverthelcfs he would no: allow of any Alteration in the Form of its Government 
 and Polity ; the fame Magiftrates, and the fame Laws were continu'd,' and he con- 
 firm'd all thofe Prerogatives and Privileges which it enjoy 'd when, under tho laft Dukes, 
 it intirely renounc'd all Allegiance to the Empire of tlie Eaft, and took the Form of 
 a Republicki therefore we obfcrve, that even after Koger, to the Year 1190, ac- 
 cording to Capaccio % or whoever may be the Author of the Latin Hiftory of 
 
 Ilift-. Ncapol. lib II. ad fidclitatem Dnmini Regis tradcntcs, Du 
 
 ^ P. Diac. lib. 4. cap 97. 
 
 ' Falc Bcncv. In hisdiebusCivcsKeapolicaiii 
 
 veaeiunt Benevcntum, 5; Civitarem Ncapolim 
 
 ccm filium ejus duxcruiit, & ejus tidclicacicolia 
 fiibmittunr. 
 * Capac. lib. i.cap. ii. 
 
 Naples,
 
 514 
 
 The Civil History of 
 
 Book X[. 
 
 Naples^ there have been other Dukes, fuch as Sergius^ and a certain Aliernus^ in 
 whofc 1 ime, that Privilege related by Mariniis Freccia, and which is likcwiie men- 
 tion'd in the faid Latin Hiftory, was granted to the Merchants oi Anialphis who 
 liv'd in Naples. However Roger did not leave Naples at full Liberty, like a free and 
 independent State, as fome have believ'd. They founded their Belief on what Falcon 
 of Beneveiito relates, to wit, that Kcger^ after having taken T'roja and Bari^ the Year 
 following 1 140, return'd to A'"^;)/£'j, where he was receiv'd with Acclamations, and 
 with fo great Pomp and Solemnity by the Neapolitans, that never any King nor 
 Emperor had ever been treated there with fo much Honour ; that the next Day he 
 rode throuoh the City, and afterwards went in a Boat to Caftel di S. Salvatore, 
 fituated in a little Ifland in the Sea, dofe by Naples., which is now cail'd Cajref 
 dell' Ucvo, on account of its Shape; and while he was there, he fent for the Citizens 
 of Naples, with whom De libeytate Civitatis, ^ tdllttate tra£ia'vit^ which axt Falcons 
 Words ; by which being deceiv'd, they believ'd that the Neapolitans treated there 
 with Ko^er about the Freedom of their City ; whereas the King, as the moft 
 accurate Pellegriiias demonftrates ', treated of nothing elfe but the Immunities and 
 Franc hileswhtch the Neapolitans pretended to, and whichRog^r prefently granted them i 
 and Capaccio might have fhunn'd this Error by the very Privilege which he quotes, 
 where the Neapolitans granting Liberty to the Merchants of the Dukedom of Amal- 
 fbis, w ho liv'd in Naples, meant nothing by Libcvty, but a certain Sort of Fran- 
 chife and Immunit)', fuch as thefe Words import : Ut ficiit ijla Cfvitas NeapoUs 
 Pri'vilegio lihertatis prxfulget, ita ^ vos Negotiatores, Campfores, five Apotbecarii m 
 ferpettuun gaudeatis ; but what Liberty does the Privilege mean ? ttt nulla conditio^ 
 cle perfoms, icl rebus 'vejiris, five hccrcdum, & fi'.ccejfvrtun veftronm negotiatorum 
 in Neapoli hahitantium requiratur ; ficut non requtritur de Civihus Neapolitauis. 
 
 THEREFORE Roger did not leave the Dukedom of Naples altogether free 
 and independent ; tho' he continu'd the fame Laws and Magiftrates, and the fame 
 Form of a Republick, which imported nothing elfe but the Community, and not the 
 chief Power, as was obferv'd in the firft Book of this Hiftory, exadly in the fame 
 manner that 1'heodorick left it, when he ordain'd that it fliould enjoy the very fame 
 Privileges it had ; by which 'tis clear, that Roger left to the Nobility and People, who 
 were defign'd by the Title of OrJ//;ei, Elefti, ox Deciiriones, the Jurifdidion with 
 regard to the Annona ; but as for the Adminiftration of Juftice, the King imitated 
 ■ ftheodorick in £nding Comites to take Charge thereof, as was done in all the other 
 Cities and Caftles of the Kingdom. 
 
 HOWEVER Roger did not ufe any other City of his Kingdom fo mildly and 
 favourable as he did Naples ; for befides leaving their Privileges intire, he gave 
 to each Cavalier five Moggia * of Land, with five Husbandmen ; he 
 likev/ife promis'd them greater Rewards, if they continu'd faithful 
 according to the Oath they had fworn to him, and kept the City in 
 Peace and Tranquility under his Government V 'Tis furprizing to 
 find that FaZZelltis ', not content with having confounded the Things, Times, and 
 Perfons concerning thefe Fads, likewife adds out of his own Brain, that after this 
 Peace had been concluded betwixt Innocent and Roger, he, Roger, made his Entry 
 into Naples with great Acclamations, and that Day created a hundred and fifty 
 Knights, and continu'd there for two Months feafting and diverting himfelf, not 
 only contrary to all Hiftory, but alfb to what Falcon of Benevento hath related con- 
 cerning thefe Fadls. 
 
 ROG ER likewife fhew'd his Affedion for the Neapolitans in another particular ; 
 for in order to know the I<argenels of the City, he caus'd the Circumference of the 
 Walls to be mcafur'd in the Night-time, which he found to be 2363 Paces j and 
 the Day following he afTembled the Inhabitants, and in a kind manner ask'd them. If 
 they knew what was the Circumference of their Walls ? and they anfwering No, the 
 King told them : At which they were both furpriz'd and convinc'd of his Affe<5lion ". 
 SUCH is the Viciflitude of worldly Things, that this City, which, with rcfped: 
 to other Cities of thefe Provinces in Roger s Time, was of fo Imall Compais, at this 
 Day furpaftes all the reft, and is not only become the Metropolis and Head of fo 
 large a Kingdom, but is one of the moft famous and remarkable Cities in the World. 
 
 • On whicb loo 
 Pecks of Coin 
 could be fjwn. 
 
 Pellegr. ad Falc. Ben. A. 1140 
 Idem. 
 
 I 
 
 ' Faz7.el . pofter. decad. lib. 7. 
 ♦ Capec. Lac. hift. lib i. pag fo. 
 
 BUT 
 
 I
 
 Book XL the K i n g d cm 0/ N A P L E S; 525 
 
 BUT before Roger made liis fecond Entry into Naples, amidfl: fo much Accla- 
 mation and Rejoycing, he had recover 'd all the Province oF Capitanata to his Do- 
 minion ; he had taken Troja the Head of it, into which City he never would enter 
 though /////m./v the Biihop, and the Citizens by their Meflengers, had begg'd of him 
 to come ; but he anfwer'd, that whilft the Traitor Katniilphus continu'^d amon^fl; 
 them, he would not fee them : The 7r(>/.7;/j-, afraid of the King's Difpleafure imme- 
 diately cai:s'd the Sepulchre of Kainitlphus to be open'd, his Body taken out and 
 dragg'd through the Streets of the City with a Rope about his Neck, and after- 
 wards thrown into a dirty Puddle ; this fad Cataftrophe comino- to the Know- 
 ledge of his Son the Duke of Puglia and Naples, he went in queft of his Father's 
 Corps, and manag'd Matters fo, that Raaitilpbus was again buried '. 
 
 AFTER this Expedition he had likewife taken Ban, and put Prince Giaquinto 
 to death ; and returning afterwards to Salerno, had poflels'd himfelf of the Eftates 
 of all thofe who had been his Enemies, and banifh'd them out of his Dominions ■ 
 he fent Roger Count of ^riano, with his Wife, Prilbners to Sicily. Ke intirely 
 drove out 'tancred Count of Cowverfano, took Brindij:, and all his other Towns lb 
 that he was forc'd to Hy to Jrrnfaleni. And thus with fo fudden and furprizing good 
 Fortune, having recover'd all thefe Provinces to his Dominion, he went over to 
 Sicily, from whence he fent Judges and Governors to each Province, that the fub- 
 jefted People might enjoy a fettled Peace, and befidcs he eftablilh'd new Laws for the 
 Good of the Realm, of which Laws we fhall fhortly difcourle. And in the begin- 
 ning of the Year 1140, having affembled a new Army, he fent it under the Com- 
 mand of his Son Prince Aufufv.s, to fubjedt that Part of Abnizzo fituated on the 
 other fide of the '?J\\qv Pefcara, which belong'd to the Principality of Capua ; where 
 the Prince on his arrival, took many Places, and deftroy'd all that made Refiftance. 
 Into which Province the King foon after likewife fent Duke Ro^er with a good Body 
 of Troops, who having join'd his Brother, they intirely fubjedled all thofe Parts 
 to the very Borders of the State of the Church, and alTur'd the Pope, who was in 
 Pain, that they had no Defign to difturb his Dominions in the leaft. In the mean 
 time the King with his Army had return'd to Salerno, and from thence to Capua, 
 and, in order to make the Pope eafy, he recall'd his Sons, and afterwards march'd to 
 Ai-iano, where he call'd an Aflembly, which was thefirft that this King held in Pallia 
 where the two States, 'vlz. the Barons, and Bifhops and Prelates met, for putting the 
 Affairs of that Province in a better Condition. Thereafter he caus'd new Silver 
 ]\loney mix'd with a great deal of Copper, to be coin'd, which was call'd Ducats • 
 and another lefler, call'd Follare, altogether of Copper, which he order 'd to pais 
 for the third Part of a Romafiuo, which was worth Twelve Grains and a Half of the 
 common Copper- money, current at this Time ; and Eight Roma/iiii made one 
 Ducat of his Coin, and under fevere Penalty he forbad the Currency of the antient 
 Money in his Dominions, though much better than his own, to the great Detriment 
 of his Subjedls, and of all Italy. Afterwards he march'd to N'.ples, where he 
 treated the Neapolitans with that Generofity and Kindnefs, we have lately mention'd - 
 and from thence he return'd to Salerno, and imbark'd in his Fleet, and directed his 
 Courfe for Palermo, leaving the Government of Puglia to Duke Roger, and that of 
 Capua to Prince Anfufus, according to Falcon of Bene-vento, who here puts an End 
 to his Hiftory, as Alexander Abbot of Telefe had done a little before. 
 
 THUS Roger, after having by his Valour and Condudl overcome fb many, and 
 fuch powerful Enemies, firmly united all thefe Provinces under the Dominion of one 
 fmgle Perfon. They were now in no Danger of being any moreattack'd by foreign 
 Enemies, or difturb'd by inteftine Commotions, for by his Valour he fettled a moft 
 firm and lafting Peace ; fb that the Wars being at an End, he had Leifure to 
 eftablifli his Kingdom in a better Form, and to provide it with new Laws, and 
 Vfholefom Regulations, that it might vie with all the other Kingdoms in the Weft. 
 
 ' Falc. Benev, 
 
 ^ U CHAP
 
 526 
 
 1"he Civil History of 
 
 Book xr. 
 
 
 CHAP. IV. 
 
 The Kingdom is ejiahlijb'd, and modelled ^with mw Laws and 
 
 Officers, 
 
 maiEEEaaBsssn 
 
 l^^l 
 
 ' H^ 
 
 ^ 
 
 1 
 
 
 H U S wis the Kingdom eftablifh'd, and thefe Provinces, to wit, 
 the Dukedoms of Puglia and Calabria^ the Principalities of 'tar un- 
 to^ Capua and Salerno ; the Dukedoms of Bari^ Naples^ Sorenta, 
 Amalpbis and Gaeta^ the two Abruzzi^ and in fine, all the Coun- 
 tries on this Side of the I'yher to the Sicilian Streights, formerly- 
 divided into many Dinafties, and fubjedt to feveral Princes, are 
 now united in one large and noble Monarchy, under the Dominion 
 of one fingle Perfbn. 
 
 BUT the Sicilians on good Grounds pretend, that as yet thefe our Provinces 
 were not united in the Form of a Kingdom by it felf, and independent of their 
 Kingdom of Sicily. They affirm, that they ftill depended on Sicily^ and particular- 
 ly on Palermo the Metropolis, where the Royal Palace was, and the chief Officers of 
 the Crown, who had the Government of thefe Provinces refided. 
 
 AND truly, if the firft Rife of this Kingdom, and Anaclei's Bull, which was 
 the firft Foundation of it, be confider'd, 'tis clear, that one only Kingdom was 
 eftablifh'd, which comprehended Sicily., as the Head, and Calabria., Puglia and the 
 other Provinces on this fide of the Phare, as Members ; thefe are the W^ords of the 
 Bull ; Et Siciliam Caput Kegni conjiituimiis. Whence we likewife fee, that Rogers 
 firft Titles were King of Sicily., of the Dukedom of Puglia, and Principality of 
 Capua ; as if all had been but one Kingdom, comprehending both that Ifland, and 
 the other Provinces on this Side of the Phare. This is evident from the Conftitu- 
 tions of Frederick II. compil'd by Pietro delle Vigne^ where he not only means the 
 Ifland, but all the other Provinces on this fide of the Phare ; and yet more evident 
 from the Conftitution Occupatis ', where Frederick aligning to each City of the 
 Kingdom of Sicily, one fingle Lord Chief Juftice, and one Judge, he excepts three 
 Cities only, to wit, Naples, Capua and Meffina, to each of which, by reafbn of 
 iheir Bignefs, he fent more, and calls Naples and Capua, Cities of the Kingdom of 
 Sicily. And Ai/drea da Barletta, who was Contemporary with Frederick II. fays, 
 tha'c by ancient Cuftom, in Regno ifio Stcilix, the Laws of the Longobards, dero- 
 gated from thofe of the Romans, and calls the Kingdom of Sicily, what is now the 
 Kingdom of Naples, which cannot be underftood to be the Ifland of Sicily, where the 
 Longobards never had footing, and where their Laws were never obferv'd. Whence 
 we are convinc'd, that the Popes did not introduce a Novelty, by taking the King- 
 dom of Sicily not only for that Ifland, but for all the other Provinces on this Side 
 of the Phare, of which it was compos'd ; but what explains beft how much this King- 
 dom of Sicily comprehended, are the Invcftitures given afterwards to the Princes of 
 Anjou in thefe Words, Regnmn Siciliue citra, ^ ultra Pharum ; and the firft who 
 made ufe of this Formula, was Clement IV. who in the Year 1265, inverting 
 Charles of Anjou with the Kingdom of Naples and Sicily, calL'd it Regnum Sictlta: 
 citra, y ultra Pharum, and he was the firft Pope, who, for the greater clearnefs. 
 
 ' Conflit. Occupatis lib. i . 
 
 made 
 I
 
 Book Xf. f^t- K I N G D o M 0/ N A P L E S. 527 
 
 made ufe of this Diftindiion, not but chat before him, both the one and the other 
 Realm were underftood by Kcgmnn Siciltce ; whence Fazdlv.s ', Aniifens ' and 
 others, unjiiftly make the Popes Authors of this Formula, as if, contrary 'to the 
 antient Deicription of Ita!y\ and all the old Hiftorians, and Geographers of which 
 Fazzellus gwts us a long Catalogue, who by Sicily underftood the Illand'only, thev 
 had refolv'd to transfer this Title to the other Provinces on this Side of theVzvo'c 
 likewife. 
 
 THE fame Stile was us'd by the fubfequent Popes : and Gregory XI. not con- 
 tent with that, in the Year 1363, having made Peace betwixt ^o.w Queen of 
 Naples, and Frederick III. King of Sicily, in his Diploma, calls Naples the Kin^^- 
 dom of Sialy, and Sicily 'Trmacria. And Martin King of Sicily, likewile in his 
 Diploma, calls the Kingdom of Naples, Siciliam citra Pharum, and Sicily, Siciliam 
 ultra Phariim ; and at laft thefe two Kingdoms being united in the Perfon of Alphon- 
 fus I. he was the firft, who made ufe of the Title of Kex utrmfque Sicilix ^ which 
 Title his Succeflbrs, who poflefs'd both thefe Kingdoms, retain'd. 
 
 THE Sicilians, who pretend that thefe Provinces under Rog;er, were dependent 
 on the Kingdom of Sicily^ make ufe of this Argument, that when Ko^er made 
 Palermo his Royal Seat, all the chief Officers of the Crown, on whom "the lelfer 
 ones, both of the Ifland and thefe our Provinces depended, likewife refided there. 
 And 'tis matter of Fact, that after this glorious Prince, in Imitation of France 
 from which he had his Origine, introduc'd into his own Kingdom the Hi^h Con' 
 ftables, High Chancellors, Lords Chief Juftices, High Admirals, Lord's Hieh 
 Chamberlains, Great Protonotaries, and Lords High Stewards : Thele Supreme 
 Officers of the Crown attended his Royal Perfon in Palermo, and particular Juftices 
 Chamberlains, Conftables and Chancellors were fent into thefe our Provinces and 
 each of them govern'd a Province \ and were all fubordinate to thofe Seven who 
 remain'd at Court, and therefore were firft call'd Mafters Juftices "», or Mafters 
 Chancellors, and afterwards High Juftices, High Admirals, and High Chancellors; 
 and therefore in Sicilia Sacra \ we find a Writ dated in the Year 1142, likewife 
 recorded by Caniillo 7'utini *, wherein the famous George of Antiocb, Roger s High 
 Admiral, calls himfelf Gecrgiiis Admiratorinn Admiratus ; and the fb much renown'd 
 Majone di Bari, King William % High Admiral, in a Letter of this King's to Pope 
 Adrian IV. is call'd Map Magnus Admiratus Admiratorum ; and he himfelf in his 
 W'^ritings fign'd Map Magnus Admiratus Admiratorum % as we fhall relate more 
 fully, when we come to treat of thefe Officers. 
 
 BUT the Arguments on the other Side, which prove that thefe Provinces re- 
 main'd a diftindl Kingdom, and independent of that of Sicily under Koirer are no 
 lels ftrong and convincing. As foon as Koger had made Peace with Innocent, he little 
 regarded what Anaclet had done by his Bull ; 'tis certain that the Dukedom of 
 Puglia, under which Name, in the Time of the Nortnans, all Italy on this Side of 
 the fyber was comprehended, and the County of Sicily, were both eredled into 
 Kingdoms, the one independant upon the other; and as by the Writers of this 
 Twelfth and fubfequent Centuries, the one was call'd the Kingdom of Puglia, or of 
 Italy, fb the other was call'd the Kingdom of Sicily ; and their Kings took the Title 
 of Puglia, or Italy, as well as that of Sicily. And the Royal Seat in thefe Provinces 
 in thofe Times, was in Salerno ; and likewife the City of Bari was once reckon'd 
 the Metropolis, Regiam Sedem, fc? totius Regionis Principem, as Marimts Freccia 
 terms it ". Whence came the Fable, that the Kings of Puglia were wont to be 
 crown'd in Bari with the Iron Crown, fb that Bergeus in his Siriade of Bari, fays », 
 
 •Primi imde infignia Regni 
 
 Sceptraque, parpitreofque habitus, Sacramqtie 'Ttaram^ 
 Sumere turn Reges, Siculique, Italiqiie folebant. 
 
 ' Faztel. Je reb. Sicul. dec. i. lib. i. cap. 2. 
 
 * Amif. torn. i. pag. fip &c ^66. num. 6. 
 
 'Anonym. Caflln. anno 1208. Conftitutis 
 Magiftris Jufticiariis Apulix, & Tern Laboris 
 Comire Petro Celano, 6c Richardo Fundano, &c. 
 
 *Camil. Pcllegr. in Caftig. ad Anonym 
 
 ' Sicil. Sacr. torn. 5. fol. 277. 
 "^ Tutin. deir Uffic. del. G. Ammir. 
 ' Bcacill. Hift. di Bari lib. 2. pag. io3. 
 * Freccia de fubfcud lib. 1. p. 45. num. 6. 
 ' Alberto Bononicnf. in Defcript. Ital. Regionc 
 X. fol. 224 Boacll. Hid. di Bari, lib. i. and in (hi 
 
 Caflln. anno izoS. Life of Ht. Nigolo di Bari. 
 
 WHAT
 
 5 2 8 The Civil History of Book XI. 
 
 WHAT is allowable in a Poet, who, perhaps, meant the ancient 'Tarautine 
 Kin^s or a feign'd Story, is not pardonable in Hiftorians ', who tell us, that the 
 Nnrtnan and Sueviaii Kings of Puglta were crown'd in Ban with a Crown of Iron : 
 That the Emperor Henry and Coujlantia his Wife, and Manfred likewife were crown'd 
 there. Which are all fabulous Stories ; for, as (hall be fhewn in the Courfe of this 
 Hiftory, and which Imeges ^ proves, thefe Princes were crown'd in Palermo, and 
 not in Bari. And Mcirwus Freccia ^ (whom Beatillus ought to believe, and not 
 differ from him without Reafon) fays, that not ha\ing read in any Writer, that the 
 Kings oi Ptiglia had been crown'd in Bari, in the Year 1551 he went to that City, 
 and inquir'd concerning this Coronation at the People of Bari, who were furpriz'd 
 at the Queftion, as a new Thing, they never having had any Tradition that ever 
 fuch a Solemnity had been perform'd in former Ages in their City. 
 
 BUT tho' thole Kings were not crown'd in Bari the Metropolis of Ptiglia, nor 
 in Salerno the Royal Seat of the Normans, but in Palermo, yet they valu'd thcm- 
 felves as much upon the Title of Kings of Piiglia or Italy, as upon that of Sicily. 
 Amon^ft the Monuments of our Antiquity, we have as yet many Charters, in which 
 King Koger, and lfilltain)[i\s Son, are lb intitled. In the third Tome of Sicilia 
 Sacra, there is one in which Roger takes this Title : Rogerius Rex Apttlia, &c. And 
 in others related by Ughellus we read the lame ; and yluguftinus hmeges *, who 
 look'd upon thefe Provinces as Members of the Kingdom of Sicily, by the many 
 Charters which he himfelf relates, wherein the like Titles are found, might have 
 gi\en up the Qiieftion ; and in the Archives of the Monaftery of the Trinity of the 
 Cave, we have Icen a Diploma of King Rogers dated in the Year 11 30, the firft 
 Year of his Reign, which has the golden Seal appended to it, wherein Roger thus 
 intitles himfelf: Rogernis Dei Gratia Sicilia, Apulice, ^ Calabria Rex, Adpitor 
 ChriftianoruM, ^ clypeus : Ftlius, & hares Rogerii magni Comitis ^ whence, in the 
 Decretals of the Popes ' our Kings were call'd Kings of Piiglia. 
 
 BUT a Diplotna related by Falcon of Benevento deferves more Confideration, 
 wherein this Title is given to Roger ; Rogerius Dei Gratia Sicilia 8' Italia Rex^ 
 Chrijiianortm Adjutor & Clypeus. Here, in order to avoid the Miftakes into which 
 many ha\e fallen, 'tis worthy of Obfervation, that Puglia, which was always un- 
 derftood to be that Part of Italy on this Side of Rome, which is walh'd by the 
 Adriatick Sea, and which in the Defcription of Italy comprehended only the tenth 
 Province of it, was afterwards, according to the ufual Vanity of the GiTf/^.v, by them, 
 call'd Italy abfolutely ; for they being formerly poffeffed of all Italy, and having 
 afterwards very near loft all the other Provinces of it, except Puglia, they gave it the 
 Name of Italy, that at leaft by retaining the Name, they might have the Vain- 
 glory to call themfelves Mafters of Italy. Thus we have feen, when they had loft 
 the ancient Calabria, and polfels'd only Abruzzo, and a part of Liicania, that they 
 mi^ht not diminilh their Titles, they continu'd ftill to appoint Governors of Calabria^ 
 and lent them to refide in Reggio, where they govern'd Abruzzo, and that Part of 
 Lucania which was left them, and call'd thofe Countries Calabria, which Name they 
 retain to this Day. For this realbn Lupus Protofpata calls Argirtis Prince and Duke of 
 Italy, furely not meaning Italy according to its largeft Extent, furrounded by both 
 the Seas and the Alps, but only Puglia, of which Bari was then the Head. The 
 fame Writer likewife in the Year 1033, calls ConflantinusProtofpata,Catapanus Italia \ 
 THIS is further prov'd by a Greek Diploma, which in the Year 1253, in the 
 Time of the Emperor Conrade, King of Sicily, was tranflated into Latin, and may 
 be feen in Ughellus, in which (thefe Provinces not being as yet ereded into a King- 
 dom, when this Inftrumcnt was drawn up) Count Roger is thus intitled : — Hoc eft 
 Sigillum fattum a Rogerio Diice Italia, Calabria, S Sicilia ; where we clearly lee, 
 that by Italy the Greeks meant only Puglia. And in the Life of St. Nthis, which 
 •was tranflated from the Greek into Latin by Cariopbilus, we read, that Ntcephorus 
 regebat utramque Provinciam, Italiam, & Calabnam nofiram, meaning nothing elle 
 by Italy, but only Puglia, which was then polfels'd by the Greeks i and in like man- 
 ner Charles of Anjou, by the Greek Writers, and particularly Niccphorus Gregora, 
 is always call'd Rex Italia, but by the Latins Rex Apulia. Yet this Greek \di\oufm 
 
 ' Invcgcs hift. di Palerm. torn. %. 
 
 * Freccia loc. cit. num. 4. 
 
 ' Invcgcs hift. Palerm. torn. 4- 
 
 '' Cap. veriratis de Jurejur. 
 
 ' V. Pellegr. ad Lup. Piot. A. 1041. 
 
 ** Ughcl, torn. 9. leal. Sacra, pag. 671. 
 
 of
 
 Book XI. /Z?^ K I N G D o M 0/ N A P L E S. 529 
 
 of calling Ptiglia, Italy, was not only us'd by the Writers of that Nation, but like- 
 wife by our Latin Authors, as may be leen in Falcon of Benevcnto, who, Ipeakino of 
 the taking ot the Caftlc of Ban by the Emperor Lotbaire, fays, De tali tantaqtte 
 Vi fieri a tot a Italia ^ Calabria, Siciliaqite intouuit '. 
 
 THUS while Piiglia was in the PofTeflion of the Greeks, it got the Name of 
 Italy, by which was only meant that fingle Province ; but afterwards, when Puglia, 
 under the Normans, edips'd all the other neighbouring Provinces, they all came 
 under its Denomination. The Realbn was, becauic the Normans firft conqucr'd 
 Piiglia, and made the Name of it refound through all the Weft; fo that the Names 
 of the other Provinces being in a manner forgot, cfpecially by Foreigners, the Name 
 of Puglia came to denote all Italy on this Side of the I'ybcr, and all thole Provinces 
 which now make up the Kingdom of Naples ; as the Eaftern People of A(i a, becaufe 
 of the glorious Adtions of the French there, call all the Weftern People Franks, 
 which Glory is not new to that Nation ; for in the Time of Otbo Frip.ngenfis, by 
 reafbn of the frequent Expeditions to the Holy Land, where the French made 
 thcmfelves moft famous, we read in this Author, that the Eaftern People, and cfpe- 
 cially the Greeks, call'd all the People of the Weft Franks ^ Therefore Kcgers 
 taking the Title of Kcx Apiilix, ought not to be underftood of Puglia taken in a 
 ftridl Senle, but of all that now makes up our Kingdom, in which Senfe many 
 Writers take it, as may be fcen in Petriis Bibltotbecarius in the Life of Pafchal, and 
 in many others >. This is the Reafon why our Writers call it the Kingdom of 
 Puglia, before the Popes gave it the Name of Sicily on this Side of the Phare, or 
 that in latter Times it got that of Naples. 
 
 THEREFORE, as the Greeks had given the Name of Italy to Puglia, which 
 then comprehended only one Province, it was more reafbnable to give that Title to 
 all the other Provinces on this Side of the I'yber, which now went under the Name 
 of Puglia ; and it was a more plaufible Thing for Ko'^er to call himfelf King of Italyy 
 than of Puglia, both becaufe it was a more lofty and fpecious Title with which the 
 Kings of the Goths and Longobards had been adorn'd ; and becaufe there is no Inftance 
 of any King of Puglia, without going back to the moft ancient Kings of the Dauni, 
 Lucani, and 7'arauto, of whom Freccia treats at large, but to very little Purpofe. 
 Koger therefore thought fit to take the Title not only of King of Sicily, but likewile 
 of Italy, meaning by Italy only, that Part of it on this Side of the ^yber ; and the 
 Authors of thele Times meant the lame, exadly in the lame manner, as when by 
 the Provinces of Italy thefe only were denoted, which were under the Government 
 of the Prcfedt of Italy, and not thofe which were under the Prefed: of the City of 
 Rome, altho' they were comprehended in the Delcription of Italy taken in its largeft 
 Extent. 
 
 B Y which 'tis evident, that by Roger^s taking not only the Title of King of Sicily, 
 but likewife that of Italy or Puglia, two Kingdoms were eftablifli'd independent of 
 one another, and not one only, and thefe our Provinces were not reckon'd a Part 
 of the Kingdom of Sicily. 
 
 THIS is likewife evident from their peculiar Laws ; for thele our Provinces, even 
 after they were ered:ed into a Kingdom, own'd no other Laws but the Longobard, 
 which Laws were of no Authority nor Ufe in Sicily, which had never been in the 
 Pofleflion of the Longobards, becaufe that Nation never had any Naval Forces, lo 
 that their Power never reach'd beyond the Pharc. Thus each Kingdom had its 
 peculiar Laws, according to which it was govern 'd, independent of the other ; and 
 each of thefe Provinces had its Lord Chief Juftice, with his Tribunals ; nor were the 
 Caufes which were decided therein, carried by Appeals to Palermo, as to a Tribunal 
 fupcrior to all others, but were determin'd there as the l:ift refort, as we Ihall fhorcly 
 relate in a particular Manner, when we come to treat of the Officers of the Crown. 
 
 AND if we do not find amongft our ancient Records, that Roger, or any of his 
 Norman SuccefTbrs, were wont to fend any Viceroy to the Kingdom of Puglia, to 
 take the Government of all the Realm, as was pradtis'd afterwards in later Times by 
 the Princes of other Nations ; no other Reafon can be given for it, but that Roger, 
 and the two ll'illiams his Succcffors were wont to come often and rcfide in Salerno, 
 and likewife, becaufe their Cuftom was to create their Sons either Dukes of P//^//j, 
 
 • V. Pel), ad Lup. A. (,66. , ' V. Pell, ad Caft. Fal. A. 1117. 
 
 ' Otho Frinf. lib. 7. cap. 4. I 
 
 6 X or
 
 5;- 
 
 The Civil History of 
 
 Book XL 
 
 or Princes of Capua or Taranto^ and to intruft them with the Government of thefe 
 Dukedoms or Principalities, in the lame manner as Roger did, who having retir'd to 
 Palermo, left the Government of thefe Provinces to his two Sons, Koger Duke of 
 Puglia, and Anfuftis Vrlnce o{ Capiur. 
 
 AN D as 'tis true, that the Kingdom of Pitglia was independent of that o£Sici!y, 
 and had its particular Laws and Magiftrates, fo likewife it cannot be denied, thac 
 the Laws which Koger made at this Time, and the fupreme Officers of the Crown, 
 which he introduc a after the manner o( Frame, were common to both; and 'tis 
 evident, that the Officers of the Crown were appointed as well for the one as the 
 other Kingdom ; which was obferv'd until the Ifland of Sicily revolted from the 
 Kings of the Family o{ Anjoii, and fubmitted to the Kings oi Arragojt, as we Ihall 
 fee in the Courfe of this Hiftory. 
 
 
 ^) 
 
 ^m 
 
 im 
 
 ^pr 
 
 ^(Sf 
 
 ^'^w 
 
 d^EiLA 
 
 
 CHAP. V. 
 
 Of the Laws of Roger I. King of Sicily. 
 
 sy 
 
 ^'^ij 
 
 :XJi^J 
 
 ]0 G E R, by his furprizing good Fortune, having in this manner be- 
 come fo great and powerful a King, overcome his Enemies, and 
 reduc'd the rebellious Provinces under his Obedience, refolv'd, by the 
 Means of many ufeful and provident Laws, to bring them into a 
 State of Tranquillity, in which, by reafbn of ib many and continual 
 Wars, they had not been for a very long Time. 
 THESE Provinces, as has been often faid, had been govcrn'd by the ancient 
 Roman Laws, now in a manner abolifli'd, and rather preferv'd by Tradition, as old 
 Cuftoms, than as written Laws. The Longobard were the prevailing Laws, which 
 continu'd amongft the Normans in full Force, and were religioufly obferv'd ; and 
 tho' the Pandects had been found in Amalphis, and were begun to be read in fbme 
 Academies of /f.'^/y, and particularly in Bohgiia, by the Induftry of Jriieriiis, and 
 Jnjiiiiians Code and Novella were pretty well known ; neverthelefs Roger would 
 not fuffer thcfc Books to be of any Authority in his Dominions ; but the Longobard 
 Laws were in full Force, and they alone prevail'd in the Courts of Juftice, and by 
 them all Caufes were decided ; of which we have a flagrant Inftance, for at this 
 very Time, in the Year 1149, there having arifen a Suit at Law, betwixt the 
 Monaftery of S. Michael the Archangel ad Formam, near Capua, and Pietro Girardi of 
 Madaloni, the Monks of that Monaftery pretending, that the laid Pietro had taken 
 Pofteffion of fome Lands within their Bounds, and which, they faid, belong'd to 
 the Monaftery ; the Cauie was firft tried by Richard and Leo Judges of Madaloni, 
 and was afterwards decided by them and the Judges of Capua, as Ebola the King's 
 Chamberlain had appointed ; and after having view'd the contraverted Lands, produc'd 
 the Writings, and examin'dlbmc Witncftes, the Sentence was pronounc'd in Favour of 
 the Monaftery. The Proccls was carried on and decided according to the Longobard 
 Laws, and the Inftrument of that Decree drawn up ad fiituram rei mevioriam, after 
 the Cuftom of that Time, may be read in Pellegnnus, in his Hiftory of the Longo- 
 bard Princes '. 
 
 BUT this prudent Prince now perceiving that his Kingdom, by reafon of the 
 many Difturbances and Revolutions that had happen'd, ftood in need or new Laws for 
 
 ' Pcllcg. pag. 2^1 
 
 repairing
 
 Book XI. f^^ K I N G D o M 0/ N A P L E S. 531 
 
 repairing the many Difbrders which Co many and continual Wars had occafion'dj 
 relblv'd to eftablilh them i and tho' before his Time Robert Guifcard, and Count 
 Ro^fr his Grandfather, had introduc'd fome commendable Cuftoras, of which we 
 have no other Record left us, but what we read in Hu^o Falcandus ' j vet he was 
 the firft, who, in imitation of Ror<^m King of the Longobards^ eftabliili'd Laws 
 which he publifh'd by an Edidl in the Kingdoms of Sicily and Pw^lia tliat thofe 
 Laws might be oblerv'd as well in the one as the other, and be common to both 
 Kingdoms. Thefe are the firft Laws of the Kingdom that were commonly call'd 
 Confi nut ions ; and thefe, together with thofe oi Frederick \\. his Grandchild, and of 
 the other Kings his Predecelfors, were colJeded intp one Volume by Pictro delle 
 Vigne, as fhall be feen at large when we come to treat of this Colledion. Roger 
 took the fame Method to eftablifh them as the Longobard Kings had done ; to wit 
 in the publick Affemblies of the States of Barons, Officers, Bifhops, and other 
 Prelates. Augtiftinus Inveges ' is of Opinion, that Roger, when in the Year 1 140, 
 before he went a fecond Time to Naples, having ftopp'd at ylriajio, held the firft 
 Aflembly of Barons, Bifhops, and other Ecclefiaftical Prelates there, and made 
 thofe Conftitutions which we have amongft thofe oi Frederick II. which were com- 
 mon to all his Dominions, contrary to the Opinion o^ Ramondetta J, who, through 
 Miftake, thought that they were not made for the Ifland oi Sicily. And Falcon of 
 Betieveuto * relates, that in this Affembly he likewife publifli'd an Edid, by which 
 he forbad the Currency of a certain Roraan Money call'd Romafina j in place of 
 which he caus'd another new Money to be coin'd, and to which, as is laid, he gave 
 the Name of Ducato, and one of them was worth eight Romafinas, and had more 
 Copper than Silver in it; he likewife caus'd the Follari to be coin'd, fb that not 
 only the ^aritii oi Atnalpbis, but thefe new Pieces were current in the Kingdom. 
 
 O F the Laws of this Prince, we have only Thirty-nine fcatter'd up and down in 
 the Volume of Conftitutions, compil'd by Pietro delle Vigne, by the Command 
 of Frederick II. and the firft is that which we find in the firlt Book, under the fourth 
 Title Dc Sacrilegio Regum. By which it was reckon'd Sacrilege to cenfure the 
 Adlions, Councils, and Deliberations of the King ; which Roger, retaining almoft 
 the fame Words, took from the Law of the Code under the Title De Crimtne 
 Sacnlegii, wherein the Emperors Gratianus, Valens, and I'beodofius eftablifh'd the 
 fame j Roger inftead of the Name of Emperor, put only that of King. Where 'tis 
 worthy of Obfervation, that the Laws of Jiijiiuians Code were ot no Force or 
 Authority in the Dominions of Rt^g^r in his Time; but he would have the Laws 
 which he took out of that Code, to be obferv'd as his own, and not as the Laws of 
 a foreign Prince, in the lame manner as the Gothiflj Kings of Spain, altho' they had 
 taken many Laws from Jujlinians Code ; yet they would have their own Code, 
 and not that oi'Juftinian to be of Authority in their Dominions. 
 
 W E have that other Law of this Prince under the following Title D<? arbitrio 
 Regis, wherein he order'd the Judges at their Pleafure to moderate thofe Laws 
 which punilh'd facrilegious Perfbns fo feverely, provided that they had not pull'd 
 down Churches, or violently broke them open, or in the N ight-time had ftoie the 
 lacred Veffels, and other Ornaments of the Churches, in which Cafes capital 
 Punifhment was to be inflidted. 
 
 SU MMON-TES will have it, that the third Law of Ru^fr was the following, 
 under the Title De Ujttrariis, and lb likewife will his Tranflator ; but 'tis a manifeft 
 Miftake, for it's not Rogers, but ll'illiam II's. his Nephew ; for it's ordain'd by this 
 Law, that ProcefTes concerning Ufury brought before his Courts of Juftice, fhouid 
 be decided according to the laft Decree publifh'd by the Pope in the Court oi Rome, 
 which cannot be underftood but of the Decree made by Pope Alexander III. in the 
 Lateran Council, which was held in the Time of M'llliam II. and nyt oi Roger, as 
 fhall be more fully explain'd, when we come to treat of the Laws of that Prince j 
 whence in the corrcdl Editions, this Conftitution begins with Giilielmus, and not 
 Roger ins. 
 
 ' Hug. Falc. fpeaking of William I. Ut his, 
 aViifquc perniciofis legibus antiquaris, eas refti- 
 tuat Conluetudines, quas Avus ejus Rogcrius 
 Comes a Roberto Guilcardo prius introdudas, 
 obfervavcrit, &c obl'ervari pra:ccperit. 
 
 * liiveg. hifV. Palerm. torn- j. 
 
 ' R.imond. lib. i. c. 46. 
 
 "* Falc. Benev. Moneram fuam introduxir, 
 unam cui Ducatus noiucii impofuit, o£to Roma- 
 linas valcntcm, quxMagis aiiea, quam Argcntea 
 probata tcnobarur : Induxit ctiam ties Ibllares 
 xreos Romafiiiam unam apprctiatos. 
 
 THE
 
 5 ^ 1 The Civil History oj Book Xf. 
 
 THE Third is that which we read under the Title De raptu, iB 'violent ia jnoni- 
 alibiis illata, by which the Ravifhers of Virgins confecratcd to God, tho' not veil'd, 
 even under Promife of Marriage, were to be punifh'd capitally : This was likewife 
 taken from Jiijlhiians Code ', where that Emperor eftablifh'd the fame. 
 
 W E read two other Laws under the Title De Officialtbus Reip. ; by the firft it 
 was ordiin'd, that Officers, who, during the Time of their Adminiftration, fhould 
 imbezzle the Publick Mor.cy, were to be punifh'd capitally. By the Second it was 
 ordain'd, that Officers, who by their Negligence fhould occafion the Lois or Dimi- 
 nution of the Publick Treafure, were to be imprifon'd, and oblig'd to make up the 
 Damage out of their own Eftates, the King, out of his Royal Goodnefs, remitting 
 what other Punifhment they deferv'd. 
 
 \V E fiave the Sixth under the Title De Officio Magiflrortm, Camerariorttm^ 6^ 
 Bajiilonim, whereby the Juftices, Chamberlains, Caltellans, and Bailiffs, are or- 
 der'd to be careful in affifling the Officers of the Cuftoms, and Receivers of the 
 Publick Revenues, and to give them their Advice, and be aiding to them as often 
 as they fhall be requir'd ; which in the fame Words was renew'd by William under 
 the Title De Officio Secreti. 
 
 THE Seventh is plao'd under the Title De Rejfitntione MuUerum, in the lecond 
 Book ; for that which we read in the firft Book, under the Title De ^dvocatis 
 Ordinandi s, tho' it bears the Name o? Roger ^ never chelefs it's Frederick II's, as is 
 clear by the Stile and the Matters it treats of; whence in Ibme corredl Editions, we 
 read not Rex Rogeruis, but Idem, denoting Frederick Author of the preceding Law. 
 By this Law Roger orders his Officers, upon urgent and proper Occafions to relieve 
 Women in great Diflrefs ; which being very general and obfcure, Frederick IL 
 explain'd the Cafes in which they were to aflifl Women, Co that this Emperor pub- 
 lifh'd another Conflitution, which we read under the Title De iutegrum reftitutione 
 Mtil-eriim : In the fecond Book, he fays, Obfcuritatem legis Divi Regis Rogerii Avi 
 Jioftri de rejiituendis Mulienhiis editara cieclarantes, &.c. 
 
 THE Eighth and Ninth plac'd under the Title De Posna Jiidicis, qui male 
 judicd'vit : In the former he condemns the Judges to be branded with a Mark of 
 Infamy, and their Goods to be confifcated, and to lofe their Office, if they fliall 
 judge wrongfully and deceitfully againfl the Laws ; and if ignorantly, the Punifh- 
 ment is left at the King's Pleafure. In the latter, if for Money they fhall condemn 
 any Perfon to Death, they are to be punifh'd capitally. 
 
 THE Tenth, which we have under the firft Title De Juribus rcrnm Regaliimi, 
 of the firfl Book, deferves more Confideration than all the reft, for it's the f^rfl 
 Feodal Law eftablifh'd in the Kingdom by our Norman Princes. The firft who 
 publifh'd a written Law concerning Fiefs and their Succcffion, was, as we have 
 laid, the Emperor Conrade the Salick. The Emperor Lothaire publifh'd fbme others, 
 and one amongft the reft, much to the fame Purpofe with this of Roger's, De Feitdo 
 non alienando ; but tho' Roger fufFer'd the Laws of the Emperors of the Weft, down 
 to Lothaire, as alfb all the Longobard Laws continu'd in that Volume, to be ob- 
 ferv'd in his Dominions, even after they were withdrawn from, and independent of 
 the Empire, yet he would never fuffer the Laws of Lothaire, his Enemy, to be of 
 any Authority in his Kingdom ; therefore, tho' Lothaire in the Year 1136, had 
 publifh'd a Law at Roncaglia, by which Feudatories were forbid to alienate their 
 Fiefs, which being of no I'orce in the Kingdoms of Sicily and Pv.glia, Roger, in 
 order to take Care of his Royal Rights, was oblig'd to eftablifh a particular Law, 
 by which he ftridly prohibited not only all the Counts, Barons, Archbifhops, 
 Bifliops, Abbots, and all others whoever, that held Fiefs or Royalties, how great 
 or Imall foever they might be, to alienate, give, fell, either in whole or in part, or 
 in the leaft to diminifli them ; and he likewife extended this Prohibition to the 
 Princes, who were then his own Sons, to wit, Roger Duke of P/iglia, Anfitfus 
 Prince of Capua, and ^ancred Prince of I'aranto ; for at this Time,'^ as Hugo Fal- 
 candus ^ relates, none could afpire to the Title of Prince or Duke, excepting the 
 King's Sons ; and therefore Roger, in this Conftitution calls them Pnncipes jiojlros. 
 And this is that Conftitution fo much commended by Frederick, and which he 
 afterwards extended to all other Contrads, Alienations, Tranfadions, Arbitrations, 
 and Excambions, giving Power to thole, who, without his Confent and Liberty, 
 
 ■ L. Raptus, C. de Raptu vir. » Falc fol. 69, & 70. 
 
 fhould
 
 Book XI. Jf/^^ K I N G D o M o/' N A P L E S. 5 ■» i 
 
 {hould make Alienations, to revoke thtm propria Jure, which ftiJi continues to be 
 pradis'd at this Day, and is quoted by our Barriftcrs, who have a great Regard for 
 this Conftitution of Fredenck^s ', it begins, Conftituticnem Divx' memrix Re^is 
 Kcgern Avi iiopi fuper prohibita dimmitioue Feudovim, B rerum Fcitdalitm ampli^ 
 antes, &c. 
 
 THE Eleventh, which we read under the third Title of the fame third Book 
 deferves no lefs Confideration \ for by it we fee that it has always been lawful for 
 Princes to reflrain, and hinder their Subjeds from taking any Orders, when it was a 
 Detriment to the Commonwealth, or the King's Royalties. So we fee that Con- 
 ftantine the Great prohibited thofe that were Rich to do fo j and the Emperor 
 Mauritius hindcr'd his Soldiers from turning Monks, of which Gregory the Great fb 
 much complain'd, though he did not look upon it as a Thing not in the Emperor's 
 Power to command ; but that it was of pernicious Confequence, out of worldly 
 Refpeds, thus to put a Reftraint on the godly Motions of the Soul. Roger by this 
 Law, moderating another of his Conllitutions, by which all Plebeians in general 
 without the Permiflion of their Mafters, were forbid to take Orders ; eftablifli'd* 
 that only thofe Plebeians could not take Orders, who were tied to pcrfonal Service 
 fuch as the Afcriptitii, Ploughmen, and fuch like; but thofe that were obi ig'd to 
 ferve on account of their Holding, or Eftate, wherewith they had been inverted, 
 could do lb even without the Leave of their Superiors ; but in fuch Cale they were 
 firft to refign their Eftate, and then take Orders. 
 
 ROGER'S twelfth Law, under the Title de dotario confiituendo, likewife relates 
 to Fiefi, and is the Second that this Prince publifli'd about them. In this. Barons 
 and other Feudatories, notwithftanding the Prohibition of Alienating, are allowed 
 to fettle a Dowry on their Wives, anfwerable to the Fiefs they poflefs, and according 
 to their Number and Quality. Counts and Barons, who hold feveral Cafllcs, are 
 allow 'd to aflign one of them for a Dowry to their Wives, provided it be not that 
 Caftle, from which the Barony or County takes its Name. Thus it (hall not be 
 lawful for the Count of Caferta to give Caferta for a Dowry ; but another Caftle of 
 his County ; whence our Authors ^ have learnc, that the ^ving a fimple Aflent 
 never extends to the Head of the Barony or County. 
 
 THE Thirteenth, which we have under the Title de Alatrimoniis contralendis 
 3 likewife deierves Confideration. By it we fee plainly, that in Roger's Time it was 
 not look'd upon as an improper Thing for Prmces, to eftablifh Laws concernin-^ 
 Matrimony ; of which Gto-vsinui Laumjo has taken Notice in his Treatife ; Resent 
 ill Matritiioiiiurfi pcteftas "* ; neither has he negleded that of F-redsnck II. which 
 begins, Ilcnorem nofiri Diaderaatis.^ agreeable to this of Roger s. The Popes had 
 not as yet alTum'd to themlelves this Authority, which afterwards by Iimocent III. ' 
 and more by ibme of his SucceflTors was look'd upon as peculiar to them, and which 
 they ufurp'd from the fccular Princes. The ^beodofian and Juftinian Codes are full 
 of thole Laws, and til! the Times of I'heodorick and Lititprand, Kings of Italy we 
 read, that fecular Princes not only made Laws concerning the Manner aiKl Form of 
 contrading .Marriages, but likewife regulated the Degrees, in which they were for- 
 bidden, and it was the Prerogative of Princes to difpenfe with them ; and Caffiodore 
 in his Books, has left us the Form of fuch Difpenlations. Roj^er in this Law order 'd, 
 that Marriages, after Betrothing, and the Prieft's Bleffing, (hould be foiemnly and 
 publickly celebrated, and altogether prohibited clandeftine Marriages, inlbmuch that 
 the Sons born of fi.ich Marriages, were not to be reputed lawful, nor could they 
 lucceed to their Fathers, neither by Tcftamcnt nor ab mteJiatOy and the Daughters 
 were to lofe their Portions, as if neither Portion nor Marriage could proceed from 
 Contrads cntcr'd into againft his Law. Ncverthelels he did not (libjed \V idows 
 to the Rigour of this Law ; neither did it take place with regard to Marriages 
 contraded before the Publication of it. Frederick II. afterwards put another 
 Reftraint upon the Counts, Barons, and all the other Feudatories, that they could 
 not marry without his Content ; and Women being allowed to fuccced to Fiefs, the 
 Barons were forbidden to give tlv.ir Daughters, Gr.iudchlldr'jn or Sifters in marriage 
 without his Approbation, that the Fiefs might not be tran(rnittcd to ftrangc Families, 
 
 ' Conrtic. Repn. lib. ;. tic. r. ■ 3 Conlllt lib. ;. cap. i. 
 
 ' Affliit. decir. 26r. 2. col. Loftr. inpvaphr. I '• Liuii. %■ par. art. 2. cap. o. 
 c. 8. col. 5. in piin. 8c in conf. 59. num. 30. ' ' C. Inliibitio dc Clan, aefponf.
 
 5;4 
 
 The Civil History of 
 
 Book A I. 
 
 of whofe Fidelity it concern'd the Prince to be well Satisfied, as he order'd ic in the 
 Conftitution Hoiwrem nofiri Diadematis^ under the Title dc Uxore hoh ducenda fine 
 permtjjione Regis. 
 
 ANDREA D' ISERNIyi, who was a Guelf, and therefore a Detrader 
 of Frederick's Anions, writing under the Kings of the Family of Avjoti, in an Age 
 wherein other Maxims prevail'd, and bhiming Frederick, to the Words Houorem 
 mfiri Diadematis, adds, imo dejiru5lioue7n aninice iftiiis Frederici Imperatoris prohibejjtis 
 per obliquum matrimonia inftittiTa a Deo in Paradifo. As if it had not belong'd to 
 the Oeconomy of the Prince to make Laws concerning Matrimony, and more 
 efpecially that of his own Barons ', and often to put a Stop to it, when it was 
 evident that it would prove prejudicial to the State, occafion'd intefrme Broils 
 betwixt noble Families, and bred Facftions ; of which our Authors, and among the 
 reft Fraiicefco Ramos ^, have treated at large. And befides 'tis certain, that Frederick 
 was not the firft, who eftablifh'd this Law, he found it in his Kingdom, and its 
 firft Author was IVillmni furnam'd the Nicked. 'J he Barons did not complain of 
 the Law, but of the bad Ufe that M'llliivn made of it, for this Prince, that the 
 Fiefs might devolve to himfelf, either never gave his Confent to the Marri.ge of 
 their Daughters, or delay'd it till they were old and paft Child-bearing, of which, 
 according to Hn^o Falcandc ', the Grandees of Sicily not only complain'd, but on 
 that very account rais'd a Rebellion Rgn'md irilliatM. This Law was ol fcrvd in 
 Sicily till the Reign of King James, who in a Parliament held there, caus'd it to t c 
 abolifh'd "*. And with us it continued to the Reign of Charles II. of Anjoit, who 
 in one of his Capitula'^, eftablifh'd in the Plain of St. Martin, reform'd it. 
 
 NEITHER is Roger s fourteenth Law lefs remarkable, under the Title dc 
 Adminiftrationibus renmi Ecclefiafticarum poji mortem Prxlatorttm ; for we find in it 
 many confiderable Matters. Firft, what Roger fays is well worth our Notice, that 
 all the Churches of his Kingdom, and particularly thofe that want Paflors, were 
 under his Protedtion. Secondly, that feeing according to an uninterrupted and 
 never contraverted Cuftom, after a Prelate's Death, the King's Officers took the 
 Care and the Adminiftration of the Revenues, until the Church was provided ; if 
 thefe Officers did not perform their Duty according to the Diredlions given them ; 
 he thought fit to make a Law, by which he order'd, that after the Death of Prelates, 
 the Officers were no more to have the Adminiftration and Care of Churches ; but 
 that they fhould be committed to three of the beft, moft faithful and difcreet Per- 
 fons of the Church, who were to have the Charge and Diredlion of them till they 
 ftiould be provided ; in the mean time they were to diftribute the Incomes, one Part 
 to thofe that ferv'd the Cure, and the other for the Fabrick, or other Neceffaries 
 of the Church ; and when the Paftor was eleded, the Remainder was to go to him, 
 or he was to have an Account how it was laid out. The Spulia, introduc'd fince by 
 the Court of Rome, were not known then, and would have been look'd upon as 
 tending not only to the Ruin of Ecclefiaftical Difcipline, but of the good Govern- 
 ment of Kingdoms ; all belong'd to the Church, and was Jaid out for the Ufe there- 
 of, and the Remainder was referv'd for the Succeffor. There were no Nuncios, 
 nor Colledtors, nor Commiffaries, to plunder the Prelate's Houfe before his Breath 
 was well out *. Whence our Kings, as well as thofe of France boaft of their Rfg^//<^?, 
 which among others, King Conrad claim'd ''; and have always taken care that the 
 Revenues of Churches fhould not be put to wrong Ufes, and have often order'd them 
 to be fequcftrated for the Repair of the Fabricks, and therefore made many ufeful and 
 wholefbme Laws to that Effed, witnefs Ferdni.and I. of Arragon, King Frederick, the 
 great Captain, the Duke of Alcala, and others, as may be fcen in Cbioccarello *. 
 
 ' V. Andreas difput. Feud. cap. 3. §.8. nam. 
 46. 
 
 '■ Ramos ad L. Jul. & Pap. lib. 3. cap 4 9, 50 
 & fi 
 
 ^ Hug. Falcand. Hift. Sic. Filia"; fuas innuptas 
 domi toto vltae tempore permanere ; nee cniin 
 inter cas abfque pcrmiffioiie Curijc matrimonia 
 pofle contrahi ; aJeoque difficile permillloncm 
 hanc haftenus impcrratam, uc alius quideni 
 tuncdemumliceret nuptuidare,cum jamomnem 
 
 fpem fobolis feneftus Ingruens fublVulifTet ; aliac 
 vero pcrpctua virginitate damnatas finelpecou- 
 jugii decclTiflenf. 
 
 ■* Cap. Regn. Sicll. cap. zz. In Matrimoniis. 
 
 ' Cap. Item Sratuimus, de Mitiim. contrail. 
 
 " V. D. Juan. Chumacero y Carillo, Memorial, 
 c. 8, 9. numb. 61 . 
 
 ' Diploma ConraJi apuu Math. Paris in Hift. 
 Anglic. 
 ■ * Chioc torn. 17. 
 
 NEITHER
 
 vt.Li<.i.rtis ccuuc lorcn, it was not prepofte- 
 ind particularly our Princes, who having 
 idom out of their own Patrimony, it was 
 wer andProtedion. 
 
 Book Af. ?/^^ K I N G D o M 0/ N A P L E S. 5^5 
 
 NEITHER ought we to neglcd that which Andreas d'Jferiiia^' obfcrv'd 
 upon this Coiiltitution of Kcger, which he erroneoufly believ'd to be Iftlliani's 
 ikying, that when it was ertablifh'd, it appeared to be juH: and regular becaufe the 
 Volume of the Decretals was not then compiled; and that tho' Ko^er made this 
 wholclbme Law, yet afterwards, the Canonilts would not receive thefe Laws of 
 fccular Princes, eriam fi pro eis coudaiitur, quia mliiut, tit pouam fakem in meffem 
 alienam. But before the Volumes of the Decretals came forth, it was not prepofte 
 
 rous in Princes to eftablifh fuch Laws, and ' ' ' 
 
 founded almoft all the Churches in the Kingi 
 but jufl", that they fhould be under their Pow 
 
 W E have Roger's fifteenth Conftitution in the third Book, under the Title de 
 Probibita in terra Deiiianii coujlnulioiw Caftroriu/i. Whereby he forbids any Perfon 
 whatfbever, to build Caftles or Forts, under Colour of better Defence within the 
 King's Demains ; but that thofe of the King, or his Royal Prote<5{:ion were to be 
 their Security. The Sixteenth, is under the Title de injirnis curialilyus perfcnis irro- 
 gatis, by which, in punilliing Offences, the Judges are order'd to have a fpecial 
 Regard to the Perlbns againft whom they are committed, by whom, in what Place 
 and at what Time ; and if they are done againft his Officers, he declares the 
 Offence not only as done them, but likewile his Royal Dignity to be offended. 
 
 THE feventeenth Law, which is under the Title de probabtli experientia Medi- 
 coriiiii, is the firft that was eftablifh'd among us, in order, as much as poffible to 
 prevent thofe Milchiefs, occafion'd by the Ignorance of Phyficians. Formerly the 
 moft prudent Komaiis look'd upon the Choice and Approbation of Phyficians as 
 not belonging to the Prxfidss of the Provinces, but to the Decuriohes of the Cities 
 for the Reafon which bipianus "■ elegantly exprefTeth in thefe Words ; Ut certi de 
 prohitate nioriim, S peritia art is, eligaiit ipji, quibus fe, liberofque fuos in eegritudnie 
 corporiim commtttant. By this Law Roger ordain'd, that none (hould pradlife 
 Phyfick, but thole who iliail firft prefent themlelves before his Officers and Judges 
 in order to be examin'd, and declar'd qualified for that Employment, and if any 
 Ihould be fo bold as to pratlife Phyfick without this Examination, thev are to be 
 imprifbn'd, and to have their Goods confilcated. Frederick II. explain'd this Law 
 of his Grandfither more at large, and eftablifh'd many other Laws concerning 
 Phyficians, by which the Schcla Salerni, was eredled into an Academy, as alfb that 
 of Naples, where this Prince was pleas'd to found another more famous and re- 
 nown'd, as fhall be related when we come to treat of the Adtions of this glorious 
 Emoeror. 
 
 We likewife read under the Title de nova militia, another Conftitution oi Rogers^ 
 which is the Eighteenth, by which he forbid the inroUing of any Perfbns in the 
 Army, if they were not of military Extract ; and likewife allow'd none to be 
 Judges, or Notaries, but thofe whofe Fathers had been of the fame ProfefTion. 
 F/Trffivc/: confirm'd this Law by the follow ing Conftitution, and alfb added, that no 
 Perfon of mean Extra<5l could cxercife thefe Offices, nor lerve in the Army, if by 
 the Father's Side he was not defcended of Soldiers. However 'tis true, what Bar" 
 tholomciv of Capua attefts, that in his Time thefe Conftitutions were not obferv'd in 
 the Kingdom of Sicily, though he had heard that fuch was the Pradice in France, 
 ■which Roger would imitate. And Surnmontes very appofitely obferves, that this 
 Conftitution was Frederick's and not Roger s, as the Infcription in the vulgar Edition 
 bears, by which it's evident, that by this, Frederick confirms that of his Grand- 
 father Roger, for the preceding is mention'd in thefe Words, contra prohibitmiera 
 diva metiiurix avi noftri. Bcfides, this is confirm'd by what Ricardo da S. Gennano 
 relates in his Chronicle, wherein he fays, that amongft the other .Conftitutions 
 which Frederick made in the Parliament held at St. Gennano in the Month of February, 
 of the Year 123a, that de Militibus was one ; as ^iitini delf Origtne de' Seggi alio 
 obferves '. 
 
 THE Nineteenth, is that which we have under the Title deFalfariis, by which 
 thofe who fhould counterfeit or alter the King's Writs, or Seal, are to be punifh'd 
 capitally* The Twentieth is under this '1 itle, de cudeutibus monctam adulterinain. 
 
 ' And. dlfernia non erat compilatum volu- 
 men Decretalium. Et quamvis u^iliter ftatuat 
 pro Ecclelii":, camen Canoniltx non recipiunc 
 
 leges Principum fccularium, etiam, Sic. 
 ' Ulp. lib. I. D. do decr.ab ord. faciend. 
 ^ Turin. Oiig. dc beg. cap. 14. 
 
 w 
 
 hereby
 
 5 ^ 6 The C I V I L H I s T o R Y of Book XI. 
 
 whereby not only the Coiners of falfe Money were to be punifli'd with Death, but 
 likewife thofe who (hould knowingly receive it, or in any Manner confent to lb 
 great a Crime. TRe Twenty-firft is under the Title de rafioue luofieta, by which 
 thofe are likewife punifh'd with Death, and their Goods conififcated, who fhali be fo 
 bold as to clip, or in any manner diminifh the Gold or Silver Coin. 
 
 VV^E afterwards read Seven other I.aws difpos'd under as many different Titles, 
 by which Forgers are condemn'd to various Punilhmcnts. The firft excufes thofe 
 who ignorantly (hall make ufe of falfe Writs. The lecoiid puniflics with fosna falfi 
 thofe who fliall imploy falfe W'itnelfes. The third condemns to the fame Punifli- 
 ment, thofe who conceal, raze or cancel publick Deeds. The Fourth, deprives 
 thole of their paternal Inheritance, who cancel or conceal their Father's Wills, in 
 order to fucceed |;hem ab tutejhito. The Fifth declares, that the Qiiality of the 
 Perlbn aggravates, or leflens the focua falfi. The Sixth inflifts capital Punifhment 
 on thofe who fhall have or fell Poifon, or hurtful Medicines, to diftcmper one's 
 Senfes ; and the Seventh declares, that they fhall not go unpunifh'd, who fhall give 
 Loverpotions, or hurtful Food, altho' no Harm fhould follow ; which Conftitutions 
 were afterwards approv'd of by Frederick^ and more fully explain'd in the following 
 Titles. 
 
 By the following Laws of this Prince, we clearly lee among his other Virtues, 
 how much he had at Heart the Chaftity and Honour of \\ omen. By the Twenty- 
 ninth, which we have under the Title dc poena Adiilterii, Husbands cannot purfue 
 their Wives before a Judge for Adultery, if they fhall allow them, in their own 
 Frelencc, to c-ommit lafcivious and lewd Anions with their Gallants ; and in the 
 Thirtieth, which follows under the Title de probibita quxftione faminx^ not only 
 Infamy, but fevere Punifhment is to be jnflidted on Husbands that fhall fuffer their 
 Wives to commit Adultery- 
 
 THE other Six that follow are no lefs to be commended ; by the firft he pro- 
 hibits modcfl Women to converfe with Proftitutes ; to whom neverthelefs no 
 Violence is to be offered. By the Second, de reptidiis coucedendis^ the Husband is 
 allow'd to demand a Bill of Divorce againft his Wife, provided he has juft Cauie 
 to accufe her of Adultery. By the Third, de Lenis^ Bawds and Pimps, are to be 
 punifh'd in the fame Manner as Adulterers. The Fourth, confirm'd afterwards by 
 Frederick^ is terrible againft Mothers, who proft:itute their Virgin Daughters ; for, 
 befides their being punifh'd as Bawds, their Noles are to be cut off ; it ends with 
 thefe lerious Words ; Cajlitatem enivi juorura 'vifccruvi <veiidere^ inbumnuum efi, ^ 
 cnidele : But if any Daughter fhall have proftituted herfelf, and the Mother only 
 give her Confent, the Punifhment is left to the Difcretion of the Judge. By the 
 Fifth, under the Title de poena Uxor is tn adulteno d.eprehcnfce^ the Husband is allow'd 
 to kill both the Wife and the Adulterer, provided he find them in the Acl, and do 
 it without delay; and by the Sixth, under the Title dc poena Manti ubi Adulter 
 cufugit, it is ena(^ed, that if the Husband fufter the Adulterer to eicape, and fhall 
 keep the Wife, he is to be punifh'd as a Pimp, unlels he could not prevent his 
 Efcape. 
 
 ROGER having thus by thefe Laws lecur'd Womens Virtue, was no lefs 
 careful of the Security of Men ; for which End we read other Three of his Laws, 
 which are the laft we have of this Prince, andcompleat the Number of Thirty-nine. 
 By the firft, under the Title de venditione liberi boMinis, he who fhali knowingly fell 
 a free Man, is condenan'd to Slavery. By the Second, under the Title de incendta- 
 yiis^ thofe, who malicioufly fhall fet Fire to another Man's Floufc, are to fuffer 
 capital Punifhment. And by the laft, the fame Punifhment is infiided on any Per- 
 fon, who, by coming down a fteep Place, fhall loofen and tumble down a Stcnie, or 
 a Branch, by wtwcb a Man is killed, and does not cry out, or give Advertilement ; 
 the Rigor of wImcK was afterwards moderated by Frcdcruk in one of his Confti- 
 tutions. 
 
 THUS did JR-o^f'/", by thefe provident and ufeful Laws, fettle and re-eftablifh 
 his Kingdom. And tho' fome of thc'c Laws concern'd Marriage, Divorce, Church 
 Government and the Clergy, yet Princes were not thought to exceed the Bounds of 
 their fecular Authority, when they made them. Thoic Complaints were not as yet 
 heard of, which the Popes made afterwards concerning the Breach of their Eccle- 
 fiaflick Immunities, and that it was mittsre falccm in altenam mejfe;:/, for Princes to 
 make fuch Laws. But it was not long before they put in their Claim, which was 
 
 done
 
 Book XL the KitiGDot.i of N A? LES, 55^ 
 
 done by Piecc-meal, till Gregory IX. put the lafl: Hand to it, by reducing into one 
 Body all the Reicripts which made for the Row^w Grandeur, and wreftinc to general 
 Ufc, thofe that were^ intended for a particular Place, and perhaps for one fingle 
 Caie only, and publifh'd the Decretal, which laid the firfl: Foundation of the Roman 
 Monarchy. Thus in our Kingdom, to the antient Kouiaii Laws, retain'd rather as 
 Cuftoms, than written Laws, and to the Longobard Laws, Roger added his Confti- 
 tutions, which, without reipedt to the Ro;/.w/ and iow^oWi, were reputed particu™ 
 lar Laws ; whereas the former were common and general ones, 
 
 S E C T. I. 
 
 Of the f articular Feodal Lazus of this Kingdom. 
 
 BU T, as we have faid elfewhere. Baronies and Fiefs being multiplied in thefe 
 Provinces, as they were likewife over all Italy^ a new Law call'd the Feodal alfo 
 ftarted up. This was at firft introduc'd into the Cities of Italy by the Cuftoms of 
 the Longobards^ which were various and different, according to the feveral Ufages of 
 each City; fothat the Feodal Law at firft, could only be faid to be the unwritten 
 Longobard Law, whence fome have wittily call'd it the Child of I'niic, introduc'd 
 into Italy by the Longobards^ not by Writ, but Cuftom ; it prevail'd afterwards to 
 that Degree, that Conrad the Salick firft thought fit to add it to the written Laws ; 
 as the other Emperors his Succeftbrs, after his Example did ; fo that the common 
 Feodal Law was made up of the Feodal Cuftoms introduc'd by the Longobards, and 
 the written Laws of the Emperors ; and when other Countries came to adopt it, it 
 was firft receiv'd in Italy, and afterwards o\'er all Europe. And for this Reafbn, 
 with relpecl to Fiefs, there was no Difference betwixt thofe who liv'd under the 
 Longobard Laws, and thofe who were govern 'd by the Roman ; for the Romans 
 knew not what Fiefs were, and when a Roman was inverted with a Fief, he was 
 oblig'd to obferve the Longobard Law, by which Fiefs were regulated, feeing no- 
 thing could be gather 'd from the Roman. 
 
 A S this Jt'.s commune Feudale., was equally obferv'd over all Italy before Rog^^er^s 
 Time, fb it had Force and Authority in thefe our Provinces. But now that Roger 
 had form'd them into a Kingdom, and withdrawn them from the Empire, as this 
 prudent Prince had added his own Laws, particularly adapted to liis own Dominions 
 to the common Roman and Longobard Laws, fb likewife he would add to the com- 
 mon Feodal Law, fbme particular Feodal Laws of his own, which were to be ob- 
 ferv'd in his Kingdom, and among his Conftitutions which are yet extant, there are 
 Two concerning Fiefs. I'he two IVilliams his Succeflbrs, following his Example 
 added other Feodal Laws; and laftly, Frederick IL eftablifli'd many more, 
 which we read in the Volume of Conftitutions ; whence in our Kingdom the jus 
 commune Feiidale, contain'd in the Feodal Books, is not the fame with our particular 
 Feodal Law, which began by Roger.^ and afterwards inlarg'd with many Conftitu- 
 tions, Pragmaticks, ^c. by IVilliam and Frederick, and other Kings, came to be 
 what we now fee it, as we fhall fhew in a more fit Place. But we are to obferve, 
 xh.zt FredenckW. being both Emperor and King oi Sicily, thofe Conftitutions of 
 his, which we find in the Feodal Books, belong to the jus commune Feiidale ; and 
 thofe which are in the ^'olume of our Conftitutions, to the jus Feiidale partkttlare 
 of the Kingdom of Sicily. 
 
 ROGER then, as he was the firft, who added new Laws to "the Rowm« and 
 Longobard, fo he was likewife the firft, who, to the common Feodal Law, added 
 new particular Feodal Laws in his Kingdom, by which a new Method of fuccecding 
 to Fiefs contrary to the Longobard Laws, was introduc'd ; and it was on this Ac- 
 count, that the new jus Francorum was brought in, whence with us, that Diftinftirn 
 of Fiefs, de jure Longobardorum, c*' Francorum, became fb famous. 
 
 AMONG the other good Qualities of this Prince, that Cuftom of informing 
 himfelf of the Laws and Ufages of other Nations, is much applauded by Writers, 
 and what he thought commendable, he introduc'd into his Kingdom ; but he lov'd 
 no Nation fb much as the French, from which he was defcendcd ; therefore he chofe 
 
 6 Z to
 
 5 5 8 The Civil History of Book XI. 
 
 to introduce all thofe Ufagcs, and Cuftoms which he obferv'd in that moft flourifhing 
 Realm, into his own new Kingdom j for the lame Reafon, as we (hall fhew anon, he 
 brought into it the Seven Officers of the Crown as they were in France -, but being 
 too oreat a Lover of the French^ he gave Jealoufv and L'neafinels to his Subjects of 
 Sicily and Puglia, who faw themfelves negleded and Foreigners preferr'd '. 
 
 HENCE, as we have laid, the Fiefs jnns Fraucorum had their Rife in our King- 
 dom, lor Roger often fending to France for Captains and French Soldiers, and that 
 Nation being look'd upon as fuperior to ail others for military Valour, he made ule 
 of them in all his difficult Expeditions ; and Hugo Falcandus fays, 'TranfUpinos 
 vmxime cum ah Normannis Originem daceret, fciretque Francorum gentem belli gloria 
 cceteris auteferri, plurimum dtligendos elegerat, & propemodum honorandos. And this 
 Cuftom was alfo kept up afterwards by the Two Williams his SuccefTors ; but in the 
 beginning of the Reign oi Hi I Ham II. the Frfwc/j, were in fo great Favour at his Court, 
 that he did not ftick to make a Frenchman his High Chancellor, whence that Nation 
 grew fo numerous in his Court, that it gave great Offence to the Natives \ 
 
 THUS it happen'd, that thofe Captains fighting gallantly under the Banners 
 of Roger, and the two IVilliams, were by them inverted with many Fiefs, fo that 
 they forfook France, and fettled their Families in thefe Provinces ; but did not 
 relinquifh their own Cuftoms which they had brought from Home ; and till the Time 
 of Frederick tl. they were allow 'd to have their Caufcs tried in the Courts of 
 Juftice, according to the Laws and Cuftoms of their own Country, among which 
 the moft confiderable was, that the eldcft Son fuccecded to the Fiefs, exclufive of all 
 the other younger Brothers, contrary to what was very imprudently pradis'd by the 
 Longohards^ who divided their Fiefs amongft all their Sons, to the Decay both of 
 their Families and Fiefs ; and was the chief Caufe of their Ruin in thefe Provinces, 
 as we have formerly obferv'd. Over all France, as Otho Frtfingenfis and Ctijacnis 
 witnefs ', it was wifely ordain'd, that the eldeft Sons only lliould liicceed to Fiefs, 
 as the fure way to prelerve the Grandeur of their Families. Accordingly ail thole 
 French Captains and Soldiers, that were inverted with Fiefs in thefe Provinces, kept 
 up that Cuftom ; and Roger and the two If'ilUams, not only allow'd of it, but 
 likewife of all their other Laws ; inlbmuch that Frederick II. in order to avoid the 
 Confufion which thole (o different Laws occafion'd in this Kingdom, was forc'd to 
 eftablirti a fpecial Conftitution, under the Title de jure Franc, in Jiidic. Siihl. by 
 which he revok'd that Privilege of ufmg their own Cuftoms ; and by that his other 
 famous Conftitution Monomachiam, he abolirti'd that barbarous Cuftom of Duelling, 
 which they pradtis'd. 
 
 HOWEVER he did not forbid, but approv'd of as very commendable, 
 their Cuftom, whereby the eldeft Son fucceeded to the Fiefs ; whence it came to 
 pals, that with us all Feudatories were diftinguilh'd by Franks, and Longobards by 
 Franks, meaning thofe who fucceeded to Fiefs jure Francorum, and by Loiigobards, 
 thofe who according to the antient Ufage, admitted all their Sons to fucceed to their 
 Fiefs. 'Xhejus Francorum therefore, was look'd upon as a fpecial Law, with refped: 
 to the jus Longobardorum, which was the common Law, inlbmuch that Avdrea 
 d'lfernia •* writes, that he who call'd himfelf a Frank, and therefore not oblig'd to 
 divide with his Brothers, but alledg'd a Ipecial Law for it, was bound to prove it, 
 becaufe it was commonly prefum'd, that every Man was to be govern'd according 
 to the jus commune of the Longobards, which appointed Fiefs to be divided amongft 
 Brothers. 
 
 THIS fpecial Law then of fucceeding to Fiefs after the Manner of the French, 
 was introduc'd into the Kingdom by Roger, who not content with having eftablirti 'd 
 fo wholefome Laws in his Kingdom, and having introduc'd new Cuftoms and Ufages 
 from France ; he would likewiie bring in the Chief Officers of the Crown according 
 to their Ufage, and other new Dignities, to make his Kingdom the more Majertick. 
 
 ' Hug. Falcand. i ' Cujac. lib. i. JeFeud.tit. 9. infin. 
 
 * Ibid. ' "• And. Ifer. In Conft. prolequentcs. 
 
 CHAP.
 
 Book XI. 
 
 tjje Kin GDO M o/" N A P L E S. 
 
 539 
 
 CHAR VI. 
 
 Of the Officers of the Crown. 
 
 itsSvi A j -V 
 
 ^ ^ ! F T E R the fublime Dignity of Maire of the Palace was funk in 
 J France, m the Line of Hugh Capet ^ it was thought both convenient 
 and nccefTary to fupprcfs and extinguifh it intirely, it liaving been 
 moft pernicious to the Princes, as may be feen in the Reign of 
 Chilperick. The Suppreflion of this high Dignity gave Rife to four 
 other great Offices, which had formerly been fwallow'd up in that of 
 the Maire of the Palace^ who was therefore call'd Chief of Chiefs, and Duke of 
 Dukes ; and very juflly liken'd to the Prtefecliis Pratorio under the laft Roman 
 Emperors. AW Caufes relating to War, Peace, Juftice, the Finances, and the 
 King's Houfliold were brought before him : In fine, he was Superintendant- 
 General of all the Officers of the Kingdom, without Exception. 
 
 THEY who executed thefe four Offices were call'd Officers of the Crozvn, they 
 were dignified with the Title of High, and acknowledg'd no other for their Head 
 and Superior, but the King himfclf ; but the High Conftable was Intendant-General 
 of War, and had the Command of the Armies in the Field. The High Admiral was 
 Head of the Naval Forces, who in War and in Peace had the Command at Sea. 
 The High Chancellor was the Chief Minifter of Juftice, and Head of all the Officers 
 of Peace, and the Magiftratc of Magiftrates, on whom depended all the Judges and 
 Protonotaries, and all the other inferior Chancellors. The High Trcafurer, or Cham- 
 berlain, was Head of the Chamber of Accounts, and fupreme Officer of the 
 Finances ; and the High Steward was Judge of the King's Houfhold, and had the 
 Government thereof 
 
 ALL thefe were call'd Officers of the Crown, or Kingdom, becaufe they did 
 not concern themf elves with the Service of the King's Perfon, but with that of the 
 Kingdom ; and Roger, as foon as he had eftablilh'd his Kingdom, introduc'd thefe 
 Officers, together with the lefTer fubordinate Ones. Formerly thefe our Provinces 
 had no fuch Officers, but the Offices were perform'd by different Perfons under 
 other Titles ; and tho' the Goths had fome Knowledge of them, as may be feen in 
 Caf/iodore, from whom 'tis thought the French took them ; yet thefe having been 
 driven out by the Greeks, and the Greeks by the Longobards, we find that neither of 
 them made ufc of fuch Officers, while they govern'd thcfc Provinces '. The Greeks 
 govern'd them by Stratici, and Catapani ; whence there is yet fome Veftige among 
 us of thcfc Officers. In Salerno the Title of Stratico is ftill kept up, as alio in 
 Meffina. In PugUa the Catapani were very famous, whence a Province of this King- 
 dom retains the Name of Capitanata from the Title of this Magiftrate. The Greeks 
 had other Officers, fuch as the Mafters of the Horfe, by whom the "Dukedom of 
 Naples was long govern'd. They had Patricians ; the Protofpata, and many others j 
 but never thole abovemention'd. Only there are fome who fay, that the Office of 
 Proronotary was originally Greek, but of that we fhall fpeak in its Place. 
 
 T H E Lougohards certainly had no fuch Officers, they divided their Govern- 
 ments firft into Ca/laldati, over each of which they put a Cafiahlo, to whom bc- 
 long'd both the Affairs of War and Juftice. Afterwards they created Counts, who 
 
 Alaiin. Frecc. Jc SubfeuJ pag. i\ . a ter. 
 
 at
 
 540 ^^-'^ Civil History of Book XF. 
 
 at firfl: were onl)- Officers, and not Lords ; each having the Government of a County 
 committed to him, till in procefi of Time that began to be alter 'd, and from Offices 
 they were converted into Fiefs and Lordfhips, as we have obferv'd elfewhere. 
 
 THEREFORE it was the Normans^ and efpecially the renown'd Ro^fr, who, 
 after he had united his Dominions into a large and potent Kingdom, thought fit to 
 introduce thofe Offices, which in other Kingdoms, and particularly in France^ were 
 look'd upon as peculiar to the Royal Crown, and as lb many Lights made it fhine 
 
 the brighter 
 
 SECT. I. 
 
 Of the High Conftable. 
 
 ^ I 'H E High Conftable, according to the general Opinion of Writers, and juftly, 
 X. was exalted above all the reft, and held the firft Place. At the firft Inftitu- 
 tion, he was call'd by the French^ the King's Great Mafter of the Horle j and there- 
 fore by Aimon ' he is call'd Kegalium Prcepofitus Equorum^ as his Title in Latin 
 Comes StabiiU likcwife imports, and which we frequently meet with in ancient Books. 
 Caronda '■ quotes many PaiTagcs ; Loyfeaii ' is of the fame Opinion, contrary to that 
 of fome Moderns, and efpecially Cujacins *. 
 
 H E has two great Prerogatives ; the one as Keeper of the King's Sword, for at 
 his Promotion to this high Dignity, the King delivers him his naked Sword into his 
 Hands, upon which at that Inftant he fwears Fealty, and does Homage, juft lb as is 
 related of the Emperor 1'rajan^ who giving his naked Sword to Stira Liciniiis^ Prx- 
 fefltis Pratorio, laid thefe remarkable Words to him : Accipe himc enfem^ lit fi qui- 
 dem re£le Ketp. impera'vero pro me, Jin autem [ecus, in me titaris. Therefore the 
 Badge of this Dignity is a naked Sword, as our Torquato T'cijjb has well exprels'd it 
 in the Perfon of the High Conftable of Egypt, whom he places in that Aftembly on 
 the King's Right-Hand, as having the firft Place above all the other Officers of the 
 Crown, and gives him the naked Sword for his Badge. 
 
 yi Sword was put into the fforthieji's Hand 
 Naked, an Emblem of aufiere Command. 
 
 THE other Prerogative is, that in the Armies he has the Command over all 
 Perfons, even the Princes of the Blood ; appoints the Quarters, Difciplines the 
 Troops, diftributes the Centinels ; the Marflials, and all other inferior Officers take 
 their Orders from him : In fine, he has the fupreme Command of the Armies while 
 they are in the Field. 
 
 BUT he exercifes all this Authority and high Command in the Army only when 
 they are in the Field, not when in Garrilbn, nor does it extend to the Governors of 
 Provinces ; (b that they are in the W^rong, who make the High Conftable's Powet 
 the fame with that of our prefent Viceroys, who not only have the Command of the 
 Armies in the Field, but likewife in Garrilbn ; and all Governors of Provinces, and 
 other Officers of the Crown, as well at Land as at Sea, are fubject to them : But 
 'tis evident, that the Prerogatives of the High Conftable are lodg'd in the Viceroys ; 
 for all Things reliting to War belong to them, and they difjjofeof the Armies in the 
 Field, and all the Generals and Marftials obey them ; but when the Viceroy is out 
 of the Kingdom, and none other deputed by the King, the High Confbiblc, on 
 f udden Emergencies, and when Ncceffity requires it, may take his Authority upon 
 him, and exercile his ancient Jurifdidion, diccoxd'mgio Martnus Freccta '. 
 
 T H E firft Conftable that we find amongft the ancient Records in the Reign of 
 Koger, was Roberto di Bajfavilla, Count ofConverfano ". He was the Son of another 
 
 ' Aimon.lib. ^. cap. 7. 
 Caron. hi the ijl Book of hit PandcDs, cap. 
 penult. 
 
 ' Loyf. Book 4. 0/ th; Offictrs of the Crown, 
 
 cap. 2. num. if. 
 ** Cujac. L. un. de Comic. & Tribun.Scolar. 
 ' Free deSubfeud. de Offic. M.Comcft. n.25. 
 " Ug. Falc. hift.SiciJ.fol. jr. 
 
 Robert,
 
 Book Al. //;^ K I N G D o M 0/ N A P L F, S. 5^ » 
 
 Rdcrf, likewilc Count of Courerfano^ and of Judith Sifter to Rn^er ; he was cm- 
 ploy 'd by Ko^a- in all his difficult Undertakings, and on account of his great Skill in 
 military Difcipline, dcfuv'd to be rais'd by this Prince to that high Dignity, In 
 the Reign of H'Uliam I. he made himfelf more rcnown'd, and by this Prince was 
 inverted with the County o{ Loritello ; but afterwards, he joining in Rebellion with 
 Ibme other Barons, put the Kingdom all in Confulion, whereupon ll^illiaiii llripp'd 
 him of this Dignity, and gave it to Simnn Count oi' Policuftro^ liis Coufin, who was 
 the iecond Conftable, of whom we fhall have occafion to diltourje more at large in 
 the Reign of William -^ and in the Time of IVilliam II. Koben Count of Ciferta. 
 was Conftable '. 
 
 "r I S worthy of Oblervation, that thelc Conftables (as alfo all the other fuprcme 
 Officers) who were at firft call'd Maejlrt Contefiabili, and afterwards Maz^ni Con- 
 teftabili^ were common both to thefe our Provinces, and to Sicily^ till thit lllind 
 was taken by the Kings oi Arragon from thofe of Anjoii ; and the' our Barons were 
 frequently rais'd to this Dignity, becaule of their large Counties, and their Relation 
 to the Princes themfelves, who at this Time did not think it below them to marry 
 into their Families, and the great Figure they made above all the Barons o( Sialy, 
 yet they rclidi;d on their own Eftates ; but when the Norman Kings fix'd their Royal 
 Scat in Palermo, they regularly refided at Court with the King, who employed them 
 in the moft important Affairs of State. Therefore there's no occafion to confound 
 them with the lefler Conftables, who were fent to a particular Province, to whom 
 either the Government of fbme City was committed, or the Command of Ibme 
 Regiments of Horie or Foot was given ; for tho' thcfe were likewile call'd Con- 
 ftables, yet their Office was very different from and much inferior to that of the Great 
 Conftables, who were call'd Regiii Comefialmli. Thus in the Chronicle of Not. 
 Riccardo di S. Germano^ written in the Time oi Frederick II. we read, that Pbilippo 
 di Citero, erat Comefiabidus Capux. And in later Times we find many Charters re- 
 corded by T'atini'-, in which the Conftablcfhip was reftridted to the Government of 
 one Cit} only, and to one particular Duty j fb we frequently find in the Writs of 
 the Royal Archives of Zecca, Heiiricus Comefiabtilus Foggice; and in Ibme Inftru- 
 ments of the fame Archives, we alfb read ; Francifcus Cans Comefiahulus Viginti 
 qnatuor Balejlrariiin ; and elfewhere, Francifcus de Diano Comeftabulus Peditum. 
 
 S O likewife the King's Matters of the Horfe are call'd Comejiabuli Regii Hofpitii. 
 And in like manner the Captains of the Soldiers that were in each Province of the 
 Kingdom, whom we now call Captains of Batallions, got the Title of Conftables, 
 Therefore we find Pietro della Marra Conftable of ^erra di Lavoro j Guglielmo Pon- 
 ciaco Con^Ah\c oi Bafilicata ; Mattia Geftialdo Coni\.3.h]e of Priiicipato ^ Gualtieri del 
 Ponte Conftable of Capitanata ; Adamo Morerio Conftable of 'terra d'Otranto ; and 
 Gentile di Sangro Conftable of /Ipruzzi. 
 
 DURING the Reign of the Family of An j on this Office loft nothing of its 
 ancient Splendor j on the contrary, according to Marino Freccia, Charles I. of An jou 
 ■was wont to give it with the fixme Prerogatives, and in the fame manner that it was 
 given in France, and ordain'd it to be juft fo exercis'd in his Kingdom of Sicily. 
 And Charles II. his SucceflTor eftablifh'd many Statutes, recorded by SFntijti, con- 
 cerning the Great Conftables, to whom he fubjefted all the Marfhals of his King- 
 dom. But now this Office, for Reafbns which fhall be related in the Progrefs of this 
 Hiftory, is no more than a bare Title of Honour, its Authority for the moft Part 
 being lodg'd in the Perfon of the Viceroy ; the Great Conftables have only the Pre- 
 cedency inParliament, and other folemn Occafions, with fbme other Marks of Diftin- 
 Aion, fuch as to be cloath'd with Purple and Ermine, and to wear a little Cap ; but 
 tho' they enjoy thcfe Honours, yet they have loft the Salary formerly annex'd to 
 them. 
 
 » 
 ' Notitia Judicatiapud Pellegr. pag. zs;6. * Tutin. deirOflic. dc Conteft.nel. prln. 
 
 7 A SECT.
 
 «[4i The Civil History of Book XI. 
 
 SECT. II. 
 
 Of the 
 
 High Admiral, 
 
 AMONGST the Offices of the Crown that of High Chancellor ought to have the 
 ibcond Place, as it hath in Francs, or as that of Lord Chief Juftice hath now 
 with us ; but two Reafons induce me to treat of the High Admiral next to the High 
 Conftable ; the firil, becaufe of the great Refcmblance of the two Offices ; for both 
 of them having the Direction of War, the one at Sea, and the other at Land, I am 
 indin'd to treat of the High Admiral before I proceed to the Officers of Peace and 
 Juftice ; the other more prevalent Reafon is, becaufe in the Time of thefe Norman 
 Kings, the Dignity of High Admiral was efteem'd fuperior to that of High Chan- 
 cellor, or any other Civil Officer ; for thefe Kings were fb powerful at Sea, that 
 they came to be renown'd and dreaded over all the Eaft, and carried their vidorious 
 Flags to the very Gates of Coiiftaiitiiioplc, and made furprizing Conquefts in Africa^ 
 Jnlomuch that their Empire over the Seas was greater and more confiderable than 
 (Svcr the Land ; whence it came to pafs, that in the Time of Roger, and the two 
 ffllliam's his Succeflbrs, the High Admiral of Sicily was the higheft Poft that any 
 could be rais'd to. So that we find the famous Majonc dt Bart, who in Roger's 
 Time was High Chancellor, was afterwards made High Admiral by King IVtlham^ 
 who had a great Efteem for his Perlbn ; and Hugo Fakandtis relating the State of the 
 Court in the Beginning of the Reign of IViUiam II. when tElettn di Sn-acufa was 
 High Chancellor, and Riccardo Mandra High Chamberlain of the Houfhold, fays, 
 that Matthxus Notaries cum fciret Adviiratum fe nou foffe fieri, ob miiltam ejus 
 7io»iinis iwvidiam, Cancellariatmn totis nifibus appetebnt. 
 
 I F we confider the Bufinels and Duty of this Office, there's no doubt of its being 
 very ancient, for it was known amongft the Romans, and more among the Eaftern 
 People bordering on the Sea ; and in ancient Ganl, in Cxfars Time we frequently 
 read of the Rr<xfe6H Maris, amongft whom Bibtilus was eminent. But indeed we do 
 not find the Title of Admiral among the Romans ; and I agree with thole, who take 
 this not to be a Word of Provence, as Ahmno ' believ'd, but a Saracen Word, as 
 Fazzcllus % Pictro Vmcenti ', and 'itutini *, from many Paffages in Hiftory very 
 well prove ; for the Saracens were very powerful at Sea, whence we frequently 
 meet with this Title of Admiral in their Hiftories ; and when they infcfted the Sea- 
 Coaft of the Eaft, and a great Part of the Weft, fuch as Spain, Africa, and Sicily, 
 they had many Sea Generals, whom they call'd /ubnirals. 
 
 THE Greeks likewife had llich an Office, and the laft Emperors of the Eaft, in 
 order to oppofe the Power of the Saracens, were alio neceffitated to have Naval 
 Forces ; and 'tis very probable, that it was the Greeks who firft introduc'd them 
 into thefe our Provinces, for in the latter Times there being nothing left them, but 
 many Cities on the Sea-Coaft, luch as thoie of Calabria, and part of Lucania, 
 Ariialpbis, Naples, and Gaeta, they were oblig'd to have Naval Forces to defend 
 them againft the Saracens, who had taken Sicily from them ; and thefe Cities on this 
 Side of the Fare were likewife in Danger of having the lame Fate. And 'tis certain 
 the Amalpbitans became very powerful at Sea, and moft expert in Maritime Affiiirs, 
 infomuch that they were a ftrong Bulwark to the Greeks, who put their greateft: 
 Confidence in them as to Sea Affairs ; and as we have already obierv'd, they im- 
 prov'd the Art of Navigation to that Pitch, that befides their frequent Voyages over 
 all the Eaftern Parts, they were look'd upon as Umpires of all Maritime Controverfies; 
 and as in the Time oix.\\eRor,ians, the Rhcdians exceeded all other Nations in Naval 
 Affairs, infomuch that the Rhodtan Laws were a Rule to all the Nations of the Empire, 
 by which all Dilputes about Sea Matters were decided ; fo with us, all Quarrels and 
 Debates concerning Navigation were determin'd by the Laws and Culloms of the 
 Amalpbitans ; and Mariniis Freccia ' witnefteth, that even in his 1 ime, all liich Pro- 
 
 ' Aluii. Fabr. del. mon. num. 5-42. j '* Tutln. dell' OfTic. dell' Ammir. ncl priiic. 
 
 "■ Faz. lib. 6. poftDtcad. s prg,-. Jg Subftud, lib. 1. dc Offic Admir. 
 
 •• Vine. Teatr. dc G. Ammir. ncl. princ. ' num. 8. 
 
 cefles
 
 Book XI. the Kingdom o/" N A P L E S. 54^ 
 
 ceiTes wax decided by the y^malpbitaii Laws. Whence it came to pais, that the Amal' 
 fbitixns being wholly bent on Navigation, and expert in Naval Affairs, at laft Flavio 
 Gtfiii, an .■IhLilpbitan^ and a Man of great Knowledge, in the Reign of Charles 11. 
 of Anjoi!^ found out the Mariner's Compafs, fb nccellary in Navigation. 
 
 BUT now tliat the Komuvis had eypell'd the Saracens out of Stcily^ and the 
 Greeks out of thefe oiir Provinces, in order to defend themielves againft the Invafioh 
 both of the one and the other, they were iikewife oblig'd to have a Naval Force. 
 And what Progrefs the Normavs made therein, efpecially in the Time of the renown'd 
 RoTcr, and the two H'lUiams^ is very evident from the HiiWy of their Reigns. 
 Thercfoie the Office of High Admiral in thefe Times was look'd upon ao moft 
 honourable and illuflrious j whence the Number of their Fleets being very great, it 
 was thought fit to have many Admirals, and the firfl and chief of all was call'd 
 Anwiirirgl-o degU Ammtragli, the Admiral of Admirals. 
 
 H £ therefore had the moft eminent Prerogatives as to his Command at Sea, that 
 could be imagin'd j he commanded at Sea both in Time of Peace and War ; it was his 
 Biifniels to have the Infpcftion of the Building of the King's Ships and Veflels, and 
 to lee them repair'd, and dilpos'd of for the Good of Commerce ; to keep the 
 Harbours over all the Kingdom in good Repair, and the Sea-Coaft obedient to the 
 King ; and all the other Admirals of the Provinces and Harbours, the Prolontini^ 
 Calkers, Boat-Swains, Carpenters, and all the other inferior Sea-Officers were under 
 his Direction '. 
 
 A T prefent our High Admiral retains the Jurifdidion, both Civil and Criminal, 
 over all the 0?Hcers that are fubordinate to him, and over all Sea-firing Perfons ' j 
 for which end he has a particular Tribunal, where the Judges appointed by him, 
 adminifter Juftice to all under his Command, and there are Tpecial Laws eftablifh'd 
 for Sea Affairs, by which all Suits relating thereto are decided j and as with refped: 
 to Fiefs, we have a new Body of Feudal Laws, ib likewife with refpedt to Sea 
 Affairs, wc have a new Body of Sea Laws, of which we (hall treat by-and-by. The 
 Admiral with us has for his Coat of Arms a Ship Lanthorn, which was borne of old 
 by the High Admiral of France^ who has now laid the Lanthorn afide, and bears the 
 Anchor ^ He wears a Purple Robe, and in Parliament fits on the King's Right- 
 Hand, after, and next to the High Conftable. 
 
 THE firft we meet with in the Reign o( Roger is Giorgio Antiocheno^ who for his 
 eminent Virtues, and Skill in Maritime Affairs, was invited from Antioch^ and by 
 this Prince made High Admiral, and was confulted by Roger^ as well in his Land as 
 Sea Expeditions ': It v;asthe Cuftom of this glorious Prince, to invite from different 
 Parts of the World, not only famous Warriors, but alfo learn'd Men. This great 
 Captain gain'd many Vidbories in Greece, and carried Koger% vidorious Banners to 
 the Port of Conftantincple. He relcu'd Le-jois King of France, who while he was 
 returning from Pale/tine, had been taken by the Greeks, and was to have been 
 deliver'd to the Emperor of Conjiantinople ; for having rencounter'd the Grecian 
 Fleet, he fought it, and foon let the French King at liberty, who was honourably 
 receiv'd by Roger in Sicily, from whence he return'd to France. He was the firff, 
 who in publick \Vrits fign'd himfelf Georgius Admiratoriim Admiratus, as we 
 fee in the Writ quoted by 'tutini ; for as there were many Fleets, it was fit to have 
 as many Admirals in different Parts of the Kingdom, io the firfl rightly flil'd him- 
 felf the Admiral of Admirals. 
 
 THE next v,e find in the Reign of this Prince, is Philip the Eunuch ; and, as 
 Claudiannf tells us, that Eutropnis from an Eunuch was rais'd to be Conful, fb Philip 
 was made High Admiral by Rrger. Philip, according to Ronmaldt'.s Archbifhop of 
 Salerno ', was brought up from his Youth in Rogers Houfholdj he was juft fuch 
 znoxhev as Eiitropms, and by covering his Vices under the Cloke of Virtue, he in- 
 fmuated himfelf fo much into the King's Favour, that he was thought worthy to be 
 made Stcw.ird of the King's Houfhold ; afterwards the King having a Mind to make 
 an Expedition into 7'nrky, for taking Bonna, pitch'd upon Philip to manage that 
 War; and in the Year 1149, made him High Adm ral, who having a flrong 
 Fleet under his Command, took the City, and with a great Booty return'd in 
 
 ' Freccia lib. i. loc. cit. num. i. 
 
 '■ V. Tapp de Jur. Regn. de Offic. M. Adm. 
 num. 2. TblJ". dc Antef. ver. 3. obi. 9. Tribun. 
 ;. n. zzt 
 
 ^ Loyfeau des Offic. dc !a Cour. cap. 2. 
 * Chr. Roiuual. GaarnaM. S. 
 ' Idem. 
 
 Triumph
 
 544 ^/^^ Civil History of Book XI. 
 
 Triumph to Sic'ih^ where he remain'd for along time ; but afterwards, feeing himfelf 
 r.iis\i to iudi ap'itch of Grandeur, he could no longer conceal hiibeing oi xhc Saracen 
 Religion, which he had hitherto cloak'd under the Appearance of a Chriftian ; he 
 foon'difcover'd that he abhorr'd the Chriftians, and had a great Value for dviJeTjcs 
 and Mahometans, by frequently fending Meflengers with Prcfents to Mecca to the 
 Tomb of the Impoftor Mahomet. Roger having difcover'd this Treachery, and being 
 afraid, that if he did not punifli his Villany, the Saracen Religion might again get 
 footins; in that Ifland, out of which with io much Pains and Trouble he had driven 
 the perfidious Saracens, punifhd him feverely ; for having caus'd the Learn'd Men, 
 and Barons of his Council to be conven'd, Philip was condemn'd to be burnt, and 
 accordingly the Sentence was publicklv put in Execution before the Royal Palace. 
 
 AFT E R W A R D S, in the Reign oiJVilliam, this Office of High Admiral was 
 beftow'd on the famous Majone di Bart, whofc Exploits, fo flir as they have relation 
 to the Defign of this Hiftory, fhall be treated of at large in the following Book. 
 Majone being rais'd to the firft Honours of the Kingdom by IViHiam, exercis'd the 
 Office of High Admiral more haughtily and independently. He likewife, as being 
 fo call'd by the King, fign'd himielf illyo Admiratus Admiral oriun, having lupreme 
 Authority, and chief Command over all the other Admirals of the Kingdom. 
 
 \V E have before obferv'd, that in the Times of the Normans and Suen^i, till this 
 Kingdom was divided from that of Stcily, and this laft fubjeded to the Family of 
 Arrai^'.n, by the famous Sicilian Vefpers, there was one High Admiral who had 
 command over all the other Admirals of the Provinces of both Kingdoms, contrary 
 to the Cuftcm o( France, where, when Provence was pmd to that Kingdom, there 
 were four Admirals, one in Gtiienne ; another in Bretagne-, a third in Provence ^ 
 who tho' he had not the Title of Admiral, but General of the Gallies, as now with 
 us in Naples, neverthelefs he had the fame Power with the Admirals ; fo that there 
 ■was nothing left to the ancient Admiral, but only the Coaft of Normandy and 
 Picardy, with the Title of Admiral of France indefinitely ' ; but the High Admiral 
 of Sicily had the Command of all the other Admirals, therefore he was call'd 
 Admiratus Admiratornm ; for in all the other Parts of the Kingdom, on both Sides 
 of the Phare, not only the Provinces, but even the Cities had their particular 
 Admirals, all fubordinate to the Chief and High Admiral. In fliort, there were 
 many Admirals in thefe our Provinces at the fame Time, which is clear from the 
 Chronicle of G?/7/7/o % where Ibme of them are frequently mention'd ; and an Ad- 
 miral refided almoft in every Maritime City, thefe formerly were made by the King, 
 and had the Charge of the King's Wood and Ships, and in the latter Times of the 
 Family of Anjoii, they were call'd Protontini, and adminiftrcd Juftice to all Sea- 
 faring' Perfons, who liv'd in thefe Cities, and on thefe Coafts. 'Tiitini quotes feveral 
 Writs, in which many are call'd Admirals of different Maritime Cities, fuch as 
 Landtilfo Calenda Admiral oi Salerno, Lifclo Scrfale, and many others. Thus our 
 Norman Kings eftablifli'd their Empire, not only at Land, but likewile at Sea, and 
 appointed diverfe Officers, to whom the Government and Security of the Sea, 
 Harbours, Commerce, Navigation, and Traffick were committed ; therefore they 
 took care alio to make many Laws, which in procefs of Time became a new Body 
 of Laws ; and like as, befides the Jus commune Feudale, we had a Jus particulare 
 Feitdale, fo befides the Jus commune Navale, we had a Jus ■particulare Na-vc.le 
 calculated for thefe our Provinces. 
 
 ' Chron. Romuald. M. S. ^ Lib. 5. cap. 44. 
 
 SECT. III. 
 
 Of the Naval Laws. 
 
 TH E Romans had no other Na\'al Laws but what they learn'd from the Rbc- 
 dians ; for xhtRhodtan Laws were lo famous, as to be known over all that vail 
 Empire ; and the Emperors 'Tiber lus, Adrianus, Antoninus, Pert max, and Lucius 
 Septimus Severus made many Laws approving of them, and giving them Force and 
 
 Vigour
 
 Book XI. 
 
 the K 1 N G D o M of NAPLES. 
 
 545 
 
 Vigour through all the Empire; whence came the Jus Nav^le Rbodianum, taken 
 iVom the eleventh Book of the Digefts ', which, after it had a long Time Jain 
 buried in the Library of Frjuctfco Piteo^ was at laft publifh'd. But after the Em- 
 perors of the Eafl having fix'd their Refidencc in Conftantiuople^ a City waHi'd by 
 the Sea on three Sides, found their Empire began to decline, they laid greater Strefs 
 on their Sea than Land Forces, and thought their Fleets a greater Securitv for the 
 Piovinctb of their Empire, which for the moit part border 'd, or were furroundcd 
 by the Sea, than their Land Armies ; for which realon we have many Laws con- 
 cerning Sea Affairs, Commerce, the Security of Harbours and Navigation, made 
 by tile laft Emperors of the Ealt, which were partly colledcd by Leunclaviiis and 
 Peinis Peckiiis, and partly by the incomparable Arnokius Vinnius, who likewife 
 cxcrcis'd his noble Genius about thefe Laws, and made his Oblcrvations on Peckius. 
 
 li U T thefe Laws of the Emperors of the Eaft underwent the fame Misfortune 
 with all their other Colleftions. According to Mamio Freccia ^, it was from the 
 Aiiialpbttdns that we learn'd our Naval Laws ; neither is it unlikely, that the Amal- 
 pbttans, by reaibn of their frequent Voyages, and continual 'Fraifick they had with 
 the Eailern Nations, learn'd them from the Laws of thofc F.mperors, or rather from 
 long Experience, and the Riique they run at Sea. And feeing at the lame Time 
 the Catalans, the Arragonians, the Pifans, the Genoeje, and the Venetians had 
 become powerful at Sea, and fomous by their Voyages to the Eaftcrn Parts, and 
 ellewhere, as well as the Amalpbitans, therefore a new Body of Statutes and Cuftoms 
 came to be fram'd, which now being abridg'd into a fmall Volume, is to be had 
 every where, intitled, // Confolato del Mare, whence Sea-faring Men are guided in 
 deciding their Controverfies ; which producing fo good Effedts, is approved of by 
 all Princes, and the Rules thereof are as well oblerv'd as their own Laws and 
 Statutes. 
 
 THESE Capitula, of which the Confolato del Mare is compos'd, were approved 
 of by the Kotnans, Pifans, Lewis King of France, the Count of I'boidouje, and 
 many other Princes and Sovereigns; and the Kings oi Arragon, and Counts of 
 Barcelona added others to them ; and Arnokius Vinnius is of their Opinion, who 
 relate, that this Collection was made in the Time of St. Lewis King of France. It 
 was afterwards printed in Venice by Giovambatijia Pedrezano, who gave it this 
 Title, // libro del Confolato de Marinari, and dedicated it to M. Tomafo Zarinora, then 
 Conful in Venice for the Emperor Charles V. ; it was afterwards, in the Year 1567, 
 re-printed in Venice, and is now to be found every where ; and in the Tribunal of 
 t»he High Admiral of our Kingdom has all Force and Authority. 
 
 BUT our Princes, not content with this, made particular Laws for this Kingdom 
 concerning Maritime Affairs. The Emperor Frederick l\. befides thoie inferted in 
 the Code % made many Rules concerning the Office of Admiral, by which are pre- 
 fcrib'd his Charge, his Duty, and how far his Authority ought to be extended. In 
 the Time of the Kings of the Family o( Anjou, many other Capitula were added to 
 them, by which his Authority was limitted after a new manner, as may be obierv'd 
 in thofe made by Charles II. o( Anjou for Philip Prince of Achaia and 'taranto, his 
 fourth Son, when he made him High Admiral, which are tranfcrib'd by Tutin-. 
 Afterwards the Arragon Kings added many other Things to the Capitula of their 
 ■predeceflbrs, which the High Admiral was to obferve ; and Ferdinand I. added 
 many for Roberto S. Severino, Count o£ Marjico, when in the Year 1460. he made 
 him High Admiral, likewife related by Tiitini. And in the Times of the Family of 
 Auftria, many Pragmaticks were publifh'd concerning this Office, of which we fhall 
 have occafion to treat in their Place. 
 
 SUCH and fo great was the Dignity of High Admiral, and his Charge fo vaft 
 in former Times, that in order to regulate it, fo many Rules were neceflary, as at 
 laft produc'd a new Law, call'd Naval. But this noble Office began to lofc its 
 Luftrc in our Kingdom in the Time oi Marino Freccia, and much more in later 
 Times, and now there's fcarcely any Veftige of its Grandeur remaining befides 
 
 ' Dige>(\. tit. 9. Nautx, Caup. Stab. tit. i. 
 (Je Exercitoria aft. Ad. L. Rhodiam de Jaftu. 
 tit. 9. de Incend. ruin. Nauhag. 
 
 '■ Ficccia de Subfsud. de Offic Admirat. n. 7- 
 Hinc in Ro'iio non lege Rhodia maritima de- 
 
 ccrnuntur, fub tabula quam Amalphlranam 
 vocant, omnes controvcifije, oiiines lites, ac 
 omnia Maiii difcrimiiia, ta lege, ca fanftione 
 ufque ad hate tcmpora tiiiiuntui". 
 
 ^ Cod. de furtls Collar. X. L. Navigia quoque. 
 
 7 B 
 
 Honour
 
 54<^ ^/•'^ Civil History of Book XL 
 
 Honour and Pre-eminency, with a feparate Tribunal depending on it, and Jurif- 
 diftion over Sea-faring Men. The Caufts of this Declenfion will be underrtood 
 in the Coin-fe of this Hiftory, where it will be feen, that while our Kings were 
 powerful at Sea, and while the Nora/ans, the Suevi, and efpecially the K.mgs of the 
 Houfe of y'/;yoK maintain'd a ftrong Naval Force, the Office of High Admiral made 
 a fhining Figure ; but when afterwards the Fleets were diminifh'd, and the Kingdom 
 came under the Dominion of the Houfe of Aiifiria, and a new Model and Form of 
 Government was introduc'd, depending on that of Spain, this great Authority 
 vanilh'd, and was partly lodg'd in the Generals of the Gallies, though not with the 
 fame Power and Authority that the High Admiral had. 
 
 SECT. III. 
 
 Of the High Chaucelhr. 
 
 TH E Order which I obferve in treating of the Officers of the Crown, and 
 placing the High Chancellor next to the High Admiral, contrary to what 
 other Authors have done, ought not to be look'd upon as difordcrly. I know tiut 
 Manno Freccia gives this Office the laft Place, though without any Realbn, fmce 
 he himfelf in Parliaments, and other publick AfTcmblies, gives it the Sixth Place, 
 and ranks this Officer before the High Steward, who fits not at the King's Side, 
 but at his Feet. Others however put him in the Sixth Place after the great Proto- 
 notary ; and both they and Freccia give the fecond Place to the Lord Chief Juftice, 
 next to the High Conftable. 
 
 However the French rank the High Chancellor next to the High Conftable, and I 
 fay, that both of them have done very well in obferving this Order. The Hi<»K 
 Chancellor of France is very different from what the High Chancellor of Sicily was 
 in the Time of the Normans^ and even the High Chancellor of the Kingdom of 
 Naples differs widely, efpecially if we confider the Times in which Freccia and the 
 other Authors wrote, and more if we look to our own Times. 
 
 DIGNITIES rife and fall at the Plealure of Princes j as the Prince is the 
 Fountain of all Honour, fo he appoints the Rules ; and as Georgius Codinns ' very 
 appofitely fays of the Officers of the King's Houfhold, he may alter both Thint^s 
 and Names, and exalt and abafe as he pleafes. 
 
 THE Chancellor among the French was the fame with the ^ineftor among the 
 Romans, as Symmachus "- and Caffiodorus dcfcribc him ; ^itxftor es, Legmn conditor 
 Regalts Confilii particcps, Juftitix Arbiter. Therefore he was the Chief in Matters 
 of Juftice, as the Conftable in thofe of War : The firft of all the Officers of Peace 
 and chief Magiftrate. 
 
 THERE are various Opinions concerning the Etymology of the Word Chan- 
 cellor. Theantient Gloffator fays, it's deri\''d from the Duty of this Officer, whofe 
 Bufinefs it is to examine all Petitions that are given to the Prince, to mark thofe that 
 are fit to be prefented, and to cancel the Impertinent, by drawing with a Pen crofs 
 • Cancciii Liucs after the Manner of * Lettices. But this is a very Itrange Etvmologv 
 that gives the Chancellor his Title from the Thing which he undoes rather 
 than from what he does. Cajfiodnrits \ and Agathias derive it better, who take it a 
 Cancellis ; for it being this Officer's Bufinefs to have Infpedlion of the Diipatch of 
 all the Prince's Rcfcripts, to hear all thofe, who prefent Petitions to him to pre- 
 vent his being crowded by the People, and at the fame time that he might be {eew 
 by every Body, he was wont to ftand within a Bar, as was the Ciiftom in Komc and 
 France ; whence Tertullian uftd to fay ; Caucellos non adoro, fuhfellia non contimdo. 
 
 FOR which Reafbn he has the King's Seal for his Badge, whence he is likcwife 
 call'd by the French, Keeper of the Seal, bccaufc all fpecial Grants and Difpatchcs 
 from the King pafs through his Hands, which he feals; and he gives Commiffions 
 and Penfions to all Offices, w hich he may either refufe or delay, as he thinks fit by 
 
 " Codln. cap. 2. num f. Langlco. 7, femeft. 7. 1 ^ Cafliod. lib. 1 1. Ed. 6. 
 *Sym. fpiit. 17. lib. I. I 
 
 not
 
 Book XI. ibe Kingdom 0/ N A P L E S. 547 
 
 not fealing thcin. W hence I'orquato gives the High Chancellor of Egypt the Seal 
 
 for his Badge ; 
 
 The Seal he bears, his Office to denote. 
 
 THEREFORE he enjoys many notable Prerogatives ^ he prefides in the 
 Council of State in the Civil Affairs of the Kingdom. 
 
 H E difpatches the King's Edidb, and all his other Orders. He has the Infpecftion 
 of Juftice, and is Judge in all Dilputes concerning Offices and Officers, regulates 
 their Precedencies, and determines what is the Duty of each Magiftrate, that one 
 may not incroach upon another. 
 
 THESE were the great Prerogatives of the Chancellors o? France, whence 
 Ro^cr took, them, and of the Kingdom of Sicily in the Time of the Normans. 
 Two principal Dignities, which in a manner vied with that of the Princes themfelves ; 
 fo that next to the Conftahle, the Chancellor had the fecond Place. 
 
 THE firll Chancellor we meet with in the Reign of Roger, is GuarinoCanzolino, 
 much celebrated in Petriis Diaconus his Appendix to the Chronicle of Cajjlnn ^ ; 
 Roger imploy'd him in the moft weighty Affairs of State, and gave him the Super- 
 intendency and chief Command of thefe our Provinces. 'Tis faid, that Gnariito 
 being jealous that the xMonks of Caffino would joyn Lothiiire's Party, had at laft re- 
 folv'd to affault their Monaftery by Force, for which end he had order'd a Body of 
 Soldiers, and fome warlike Machines to be brought from Bencvento, Puglia, dilabria, 
 and the Bafilicata ; but foon after falling fick in Salerno, and being at the Point of 
 Death, with his laft Breath cry'd out ; Alas ! Benedift and Mauro", ivhy do you kill 
 rue ? Whence Petrits Diaconus ^ relates, that at the fame Inftant Crefcenzio Romano^ 
 a Monk of that Monaftery, in a terrible Fright and Trembling, faid to the Monks, 
 that he had feen a Vifion, in which there appear'd to him a horrible Lake all on 
 
 Fire, the dreadful Waves of which reach'd to the very Sky ; among which he faw 
 
 Frier declar'd to him, that it wasGuarnio's Soul that was condemn'd to bepunifh'd in 
 fuch a manner, for having troubled the Monks of Monte CaJJino : That he then ask'd 
 the Frier who he was ? who anfwer'd, that he was Frier Benedid ; upon which 
 Crefcenzio awak'd, and the Vifion diftppear'd. 
 
 THE next who exercis'd the Office of Chancellor in Rogers Time was Robert, 
 of Englijh Extradl *. Roger, as has been already obferv'd, in the Government of 
 his Dominions, always made ule of Minifters of great Learning and Prudence, 
 which he invited from diftant Countries ; and as he rais'd George of Antiocb to be 
 great Admiral, fo likewiie he call'd this fimous Robert out of England, whom he 
 not only imploy'd in the moft important Affairs of State, and to whom he committed 
 tlie Defence of Salerno, when it was beficg'd by Lothairc, the Prince of Capua, and 
 the Pifans ; but likewiie gave him the Government of Puglia and Calabria ; and he 
 as fo renown'd for Wildom and Integrity, that John of Salisbury, Bifhop of 
 
 was 
 
 Chart res \ relates an Adventure which deferves to be taken Notice of in this 
 Hiftory. W hilft the Chancellor govern'd Puglia and Calabria, the Church of 
 Avellino happen'd to be vacant by the Death of her Bifhop. For the Election of a 
 Surceflor, it was ncceffary to have the King's Confent, as was the Cuftom in all 
 Cathedral Churches : Robert, who was to give it in the King's Name, was earneftly 
 foliicited for it by many ; amongft the reft there were three ftrong Pretenders, an 
 Abbot, an Archdeacon, and a Lay-man belonging to the King's Houfhold, who 
 had a Brother that was a Clergyman ^ they all made great Offers to ^.obert, each of 
 them promis'd him a vaft Sum of Money if he would make him Bifhop whom they 
 fhould name ; the Chancellor, who had a mind to expofe their Villainy, made a 
 Bargain with each of the Three leparately, giving them to underftand, that he 
 
 Agat. lib. f. 
 
 Pctr. Diac. lib. 4. cap. 98 & loi. Gipefielatr. 
 ui). I. pag. 22. 
 
 ^Pet. Diac. lib. 4. cap. loi. 
 
 H) 
 
 '' Capecelatr. lib. i. pag. 6o- 
 
 'Jo. Sarisb. lib. de Nugis Curialiutn, Cape- 
 
 celatr. loc. cit. 
 
 •would
 
 54.8 The Civil History of Book XT- 
 
 would do what each of them defu'd : After they had given Pledges and Security for 
 •what they had promi/d, the Day appointed for the Lledtion tame ^ Kclsrt having 
 conven'd the Clergy of yivcHnw, with many Arthbifliops, Bifhops, and other 
 Prelates and Perfons of Diftindion, told the Fraud which the three Cand;dates had 
 a mind to commit ; they were all 1 hree rejeded as guilty of Simony, by the unani- 
 mous Suffrage of all the Alfembly, and the Money agreed upon was exaded as a 
 Punifhment for their Crime ; then Robert got a poor Frier of a good and holy Life, 
 who had no fuch View, to be eleded Bifhop. 
 
 THE third Fiigh Chancellor we find in the Reign of Kcgc;\ is the fo much 
 renown'd Giorgio Majotie. He was born in Bart of very mean Parentage ^ but by 
 Nature endow'd with a wonderful Eloquence and Wit, and being but the Son of 
 a poor Oyl-Merchant ', he found means to get a Place at Court in the Royal 
 Chancery, where King Koger firft made him his Notary ; after having gone through 
 other petty Offices of the Chancery, he was made Vice-Chancellor, and at lad 
 Hi"h Chancellor, and was (b much in Favour with this Prince, that during all his 
 Life he imploy'd him in the moft weighty Tranfadions of his Kingdom ; and after 
 Rogers Death, he was fo belov'd by IVilliam his Son and Succedor, which rarely 
 happens, that, bcfides having made him High Admiral, he intrulted him with the 
 Government of the Kingdom. Under the Two IViUiams, the chief Perfonages of 
 thefe Times held this Office, 'viz. the Eled of Syracufa, and after him Stephana di 
 Parzio Archbifhop of Palermo. 
 
 THUS the Dignity of this high Office was as great in Sicily under the Nbn/ians, 
 as in France ; neither was it in lels Efteem in the Courts of other Princes. But 
 afterwards it was rightly judg'd in Princes to leffen lb many and eminent Preroga- 
 tives, by reafluming them to themlelves from whence they fprung j of which we 
 have a very notable Inftance in the Chancellor of the Holy See of Roiw. In old 
 Times, this See had a Chancellor, whole Authority was fo great, that he vied with 
 the Pope himlelf i on which account it was exercis a by the chief Perfonages ; and it 
 was the next Step to the Papacy. Thus Pope Gelafius IL according to the Epitaph 
 compos'd by Pietro Fittavieiife, before he was Pope, Arcbilevita fiat, S Cancellarius 
 Lrbts; and 'tis likewife faid, ih^t Alexander \l. was Chancellor of the Ro?»^;; See 
 when he was eleded Pope. 
 
 BUT after Boniface'^ III. faw the Authority of the Chancellor at fuch a pitch of 
 Greatnefi, that, as many Writers relate % qt'.afi de pari cum Papa certabat, he 
 abolifh'd this Office of Chancellor in Rome, and afluming it to himfelf, appointed 
 only a Vite-Chancellor there ^ whence this Office of Vice-Chancellor in Rome 
 acknowledgeth none fuptrior to it in the fame Sphere, feeing the Chancellorffiip is 
 lodg'd in the Pope ; and whereas this Office was formerly given to fuch as were not 
 Cardinals, when Cardinals came to get it, they ftill recain'd the Name of Vice- 
 Chancellors, though that of Chancellor be abolifh'd ; juft lo as that Cardinal who 
 is Head of the Pope's Datary, is call'd Prodatary, and Vicedatary, though he ads 
 not in the Place of another Miniftcr fuperior to him, for both the Chancery and 
 Datary are lodg'd in the Pope. 
 
 FOR the very fame Realon the Vice-Chancellor is mention'd only in the Si.xtb 
 Decretal ; as is taken notice of in the Glols ', and by Gomes on the Rules of the 
 Chancery ; tho-jgh Omtphnns Panviuus, in his Book de Poutificibtis, ftys, that from 
 the Time of Honorius HI. there were no more Chancellors in Rome, but only Vice- 
 Chancellors. 
 
 THIS fupreme Office of great Chancellor had the fame Fate in our Kingdom ; 
 for in the Time of the Catholick King, and of the Emperor Charles V. the Chancery 
 was in the King's Perfbn % and therefore a new Tribunal was ereded, lliJl caii d 
 the Chancery, and manag'd by Regents, call'd Regents of the Chancery, who per- 
 form all the Duties formerly incumbent on the High Chancellor, for they fubfcribe 
 the Petitions that are prefented to the Prince, and the fpecial Grants, and dii'patch 
 the King's Edids and Orders. '1 hty are Judges of Differences amongft Officers, 
 decide their Precedency, and prefcribe to each Magiltrate his Duty ; the Chancery 
 
 ' Ugo Falcand. I ^ G], Pram. Sanfbio, §. Romanx, verb, Vicc- 
 
 * ZabarcU. in Clem. Romana de Eleilionib. I Cancellarius. 
 Freccia lib. i. dc Offic. M. Caned, num 4. ' '* Frcccia libl i. de M. Cancel, num. 25. 
 
 \ 
 
 is
 
 Book XI. //:?.- K I N G D o M 0/ N A P L F S. 549 
 
 is lodg'd ill them, and they h?ae the Charge of the Records and Regifters, and all 
 that formerly bclong'd to the High Chancellor ; therefore thev have a Sccretarvj 
 and many other inferior Officers, who are caifd Officers of the Chancery ; of which 
 we fhall diloourfc in another Place, when we come to treat of this Tribunal. 
 
 THAT Office, which is now in the Family of the Princes of Avellmo^ depends 
 on the Chancery j for their Prerogatives are reftrided purely to the CoIlc?,e of 
 Doftors, and they have only Power to confer the Degree of Dodor, and for" that 
 end to call a Convocation of Dodors, in order to examine the Candidates, to ap- 
 prove of, or rejed them, and to do other Things thereunto belonging ; for with us it 
 does not belong to the Univerfities to confer the Degree of Dodor, but to the 
 Prince who has lodg'd this Power with the High Chancellor and his College. There 
 ■were many fuch Chancellors in France, fuch as the Chancellor of the Univerfity of 
 Paris, which of old was an Office of fo great Importance, thit Boniface Vl\\. on 
 account of the great Affairs he had in France, and that he might have a particular 
 Authority over that Univerfity, efpecially with relped to the Divines who receive 
 their Degrees, Benedidion and CommitHon, to preach over all the World, from the 
 Chancellor, uf>.irp"d it to himlclf ; but after Boniface's Death, the Univerfity of Paris 
 left no Stone unturn'd to recover this Office, infomuch that it was reftor'd them by 
 Benedifi XI. his Succeffor ; and to prevent the like Ufurpation in Time to come, ic 
 •was annex'd to a Canonfhip of the Cathedral Church of Paris '. 
 
 FOR this Reafon Morijw Freccia treating of thefe Offices, and having an Eye 
 only to what was pradis'd in his own Time, ranks the High Chancellor laft of all ; 
 for now-a-days the great Chancellor, who is look'd upon as one of the Seven Officers 
 of the Kingdom, is only a Shadow of what this Office was formerly ; He enjoys but 
 one of the many Prerogatives that of old adorn'd that Dignity, which is now in a 
 manner abo!ifh'd, and all its Privileges and Pre-eminences lodg'd in the King, who 
 therefore has ereded a new fupreme Tribunal in its Place, call'd the Court of Cbaucery, 
 adminiftred, as we havcfaid, by Regents. 
 
 H O W E V E R we muft not omit, that in the Times of the Emperor Frederick II. 
 and King Charles of Anjou, though this Office was much decay'd in its antient 
 Splendor, yet it retain'd Jurifdidion over all the Clergy of the King's Palace, and 
 all his Chaplains : Marino Freccia - is much furpriz'd to find a Laickhave Jurifdidion 
 over the Clergy, feeing both by Divine, Canonical and Imperial Laws, they are 
 exempted from Laick Jurifdidion ; lb that he endeavours to explain what he 
 reckon'd a Paradox, by faying, that this Kingdom being a Part of St. Peter's Pa- 
 trimony, 'tis to be believ'd the Kings have been inverted with this Prerogative by the 
 Apoffolick See, therefore they are to be look'd upon as Minifters and Delegates of 
 that See. Neither ought this to feem ftrange, fays he, becaufe the Kings are not to 
 be confider'd as mere Laicks, feeing they arc anointed, and were alfb Priefts of Old. 
 And not content with this, he adds, that Frederick, and efpecially Charles, were 
 authoriz'd by the Apoftolick See, to appoint a Judge over all the Clergy of the 
 Royal Houfhold ; and that afterwards, it feeming very unbecoming and unhand- 
 fome for a Laick to exercile Jurifdidion over the Clergy, Alphonfus I. appointed one 
 of his own Chaplains to be Judge, who exercis'd Jurifdidion over ail the other 
 Chaplains and Clergy of the Royal Chapel, and was therefore call'd Chaplain 
 Major, and that by Permiffion of the Apoftolick See ; fo that the High Chancellor 
 had no longer fuch Jurifdidion, all being left to the Chaplain Major, 
 
 BUT Freccia had no Reafon to be fo much furpriz'd, for in thefe Times the 
 Chaplain Major was fubordinatc to the High Chancellor, and affifted in the Chan- 
 cery ; for in France, according to Peter de Marca ^, the fame was pradis'd under 
 the CarlofingianKaiQQ ; when the Maires of the Palace prefided in the Royal Palace 
 in Matters of State, and the Chaplain Major, likewife call'd Archchaplain, in Ec- 
 clefiaftick and Spiritual Matters, who, as Htncmare informs us, Vice Regis in ccn- 
 fejfu Epifcoporinn S Procerim jus dicebat, nifi caiifx gravitas extgeret Regis pr,tfen- 
 tiam. And it was not in the Time of Alphoufus I. oi Aragon, that this Pre-eminence 
 was disjoin'd from the Office of High Chancellor, but long before, when Charles \. 
 of AnJGu had fix'd his Royal Seat in Naples, and appointed one of his Chaplains as 
 
 ^ Marca de Concord lib. 4 . cap, 7. num. ?. & 
 lib. 8. cap. 14. num. 6. 
 
 ' Loyfeau des Oflic. loc. cic. 
 'Freccia de fubfcud. lib. i. d. Off. M. Cane, 
 num. Z4 & zj. 
 
 7 C Judge,
 
 < 5 o ^'^^ Civil History of Book XI. 
 
 Judge, wlio excrcis'd Jurifdidtion independently on the High Chancellor, over all 
 the other Chaplains and Clergy of the Royal Chapel ; whence he got the Title of 
 Pntochaplain Koyal^ or Mc.fier of the Royal Chapel, and at lafl Chaplain Major ; of 
 which Office, and fuch like, introduc'd by Charles I. of jinjcti into his Royal Palace 
 at Naples, \vc (hall treat in his Reign. 
 
 THUS in procefs of Time, the great and many Prerogatives of this Officer 
 being lodg'd in the King's Chancery ; the High Chancellor retains no other Power, 
 but that of conferring the Degrees of Dodlor of Law, Divinity, Philofophy, and 
 Phyfick, and the Superintendency of the College of Dodors '. Neverthelefs he 
 has the Honour to wear Purple, to fit in Parliament, and other publick Affemblies 
 where the King is prefent ^ but in the fixth Place on the King's Lett Hand next 
 to the great Protonotary, and he is alio counted among the Seven Officers of the 
 Crown. 
 
 ' V Tappla de jure Rcgn. tit. de Offic. M- Cancel, n. 9. TafTone de Antef. ver. 3. obf. f 
 n. iji &28J-. 
 
 S E C T. IV. 
 
 Of the Lord Chief Jupce. 
 
 ALTHOUGH in France the Office of Lord Chief Juftice was fubordinate 
 to the great Chancellor, who was the Magiftrate of Alagiftrates, and Head of 
 all the Officers of Juftice, and in the Reign of Roger his Authority was not fo 
 ample j nevertheleft iViUiam his Succeflbr having appointed the Tribunal of the 
 High Court, and Frederick II. having afterwards by many Conftitutions, eftablifh'd, 
 that the Chief Juftice who prefided in this Tribunal, fhould be Head, and Supreme 
 over all the other Juftices of the Provinces, this Office came to be look'd upon not 
 only as one of the chief and greateft of the Kingdom, but to have the fecond Rank 
 next to the great Conftable ; for which Realbn he fat next the King on his Left 
 Hand, cloathed in Purple, and had the Standard for his particular Badge j of 
 ■which with us there remains as yet Ibme Veftige ; for when Sentence is to be put in 
 Execution upon a Pcrfon condemn'd to die, this Standard is difplay'd from a 
 Balcony, in token of the Chief Juftice's Authority. By how much the more the 
 Tribunal of the High Court was exalted by Frederick II. who made it the Supreme 
 and Superior to all the other Courts of the Kingdom, where not only civil and 
 criminal Caufes were to be difcufs'd, but likewife the Feodal relating to the Baronies, 
 Counties, and all Appeals from the Courts of the other Juftices of the Provinces, 
 even thofe delegated by the King, and fubjedled all the Dukes, Princes, and all the 
 other Barons of the Kingdom to its Jurifdidtion j and befides gave it Power to take 
 Cognizance of Crimes of High Trealbn : So much the more was the Lord Chief 
 Juftice rais'd above the other Officers of the Crown, and defervedly call'd Chief 
 Juflice ; and therefore Frederick in one of his Conftitutions ' calls him Ltiminare 
 Majus, on account of the Luftre with which he eclipfeth the other inferior Juftices, 
 fo that when he vifits the Provinces, their Office ceafes. 
 
 W E are to obferve, that from this Time of the Norman Kings began that 
 Divifion of the Provinces, that in a great mcafure continues to this Day : They 
 were not then call'd Provinces, but Gmjiizierati from Giajiizieri, the Juftices who 
 govern'd them ^ ; as in the Time of the Longobards, the Cajialdati were Co call'd, 
 from the Cajlaldi, who had the Government of them. In effed, in the Time of 
 King JVilliam II. I'ancred Count of Lecce^ was Juftice of Ptiz^lia, and Terra di 
 Lavoro ; Count Pietro Celano^ and Riccardo Fondano were alio Juftices of the fame 
 Provinces '. Thus in later Times we frequently meet with in the Regifters recorded 
 by T'utino *, that when thefc Juftices were fent into the Provinces, they were not 
 
 ' Confllt. honorem, lib. (. i » Pell, ad An. Cafl". anno 1208. 
 
 * PcUegr. in didbr. Due. B p. 7S. ' * Tutin. de Maeftr. Giuftiz. in princ. 
 
 call'd
 
 Book XI. ^Zj^ K I N G D o M 0/ N A P L E S. j j i 
 
 call'd Chief Jiifiices, but only Juftices of the Provinces which they govern'd, in order 
 to diftinp;uirh them from the Chief Jiiftice of the Kingdom. 1 hus Gioianni Scottu 
 was call'd Juftice of Jpnizo, and Guglielmo S.uifelice, JulVicc of Terra dt Lavoro 
 whence thoie Governments got the Name of Provinces, fuch as the Juftizurato of 
 Calabria^ Puglia^ Terra di Lavoro^ and others, which are now calf'd Fro\ inces • 
 and even in thele lame Times of the Normans and likcwile of tlic Sitevi ■ one 
 Province was frequently govern'd by two Juftices, as in the Time of IViUiam II 
 huca Guarna and Fdippo da. Camarota were both Juftices of Salerno at the Himc 
 Time. And in the Year 1197 we find ', that Roberto di Venofa^ and Giovanni di 
 FraJJineto were both Juftices of T'erra di Lavcro \ But Matters were afterwards 
 put upon a better Footing by Frederick II. who for each Province appointed but one 
 Juftice, who was to have one fingle Judge, and one Notary, whom we now call 
 Mafirodattt, as was eftabliOi'd in the Conftitution Occupatis in the firftBook. This 
 was continued by the Kings of the Family of Anjoii, who, to each Province fent 
 only one Juftice, whom we now call Prefident. 
 
 In the Reign of Koger^ we find only one Chief Juftice in the Archives of the 
 Monaftery of the Trinity in Venofa, and in an Inftrument recorded by T'utino we 
 read, that in the Year 1141. Errico Ollia was Chief Juftice. Ego Henricus Ollia 
 Dei Gratia Kegalis Jtijiitiarius ; but in the Reigns of the Two IVilliams his Succef- 
 fbrs, many aremention'd by Komualdiis Archbifliop o{ Salerno^ and in the Chronicle 
 of Nctar Kiccardo da S. Germauo; fuch as Roberto Conte di Caferta, Ru^giero Conte 
 d'Andria^ and Litca Guarna, as fhall be related in the Reigns of thele Princes ■ 
 whence they are miftaken, who believe that this Office was introduc'd into the 
 Kingdom by Frederick II. : For though this Emperor, by means of his many Con- 
 ftitutions relating to this Office, regulated and put it upon a better Footing, yet he 
 was not the firft that introduc'd it, which is evident from thele very Con'ftitutions. 
 There were other Laws publifli'd afterwards, in the Reigns of the Kings of the 
 Family of Anjou, concerning this Office of Chief Juftice, and we have many Con- 
 ftitutions of Charles II. concerning his Jurifdidion and Duty ; but being to difcourfe 
 more at large of this Officer, when we come to treat of the Tribunal of the Curia. 
 Vicaria, we fhall therefore refer it to that Place ; for in procefs of Time, under the 
 dragon and Aiifirian Princes, other Tribunals were eredted ; and as that of the 
 High Court loft its antient Authority and Dignity, fo likewife the Chief Juftice 
 was in a great meafure ftript of his Splendor and Prerogatives, infbmuch that now 
 he enjoys no more than a bare Title of Honour, with the Privileges common to 
 other Officers of the Crown, only on publick and folemn Occafions, he fits next to 
 the High Conftable, and wears Purple. 
 
 • In the jirchiwi of fy&« Carthufiajis ;» Capria 1 
 Inftrum. Sig. V. 1197- ' 
 
 Rice, di S. Germ. Cron. i . 
 
 SECT. V. 
 
 of the High Chamberlain. 
 
 OU R High Chamberlain or Chief Officer of the King's Chamber of Accounts, 
 was the lame with the High Treafurer of France, or Superintendant of the 
 Finances. He had the Charge of the King's Perlbn and Houlhold, provided 
 Cloaths for him and his Children : Saw the Centinels rightly plac'd about the Court, 
 difpos'd of the Ufhers, cloath'd the King's Houlhold, kept the Jewels, the Gold, 
 the Silver, the Silk and Woollen Robes. But his chief Bufinels was to receive all 
 the Money that was fcnt to the King's Treafury ; to have Jurifdidion over all the 
 other Treafurers of the Kingdom, all the Receivers of the Revenues and Cuftoms, 
 and the Officers belonging thereto, whom he could put in or turn out as he law 
 Reafon. And feeing, as in France, when Treafurers were lent to the particular 
 Provinces, it was thought necelfary to ereft a fupreme Tribunal of the Finances, to 
 •which all the inferior Tribunals were accountable ; lb with us a new fupreme and 
 general Tribunal of the Finances was erected, the Head of which was the High 
 
 Chamberlain,
 
 55^ 
 
 The Civil History of 
 
 Book X[. 
 
 Chamberlain, to whom, all the particular Trcafurers of the Provinces, Toll- 
 oathcrcrs, Officers of the Cuftoms, Receivers of the Revenues, and all others, 
 were to be accountable, therefore he was call'd the Chief Officer of the Cham- 
 ber of Accounts, which is much the fame with the Comes facrarum largiticnum 
 among the Remans ; and as they had many ^'xftores pccuniarum, {6 likewife with 
 us there were many Under-Trcafurers, Chamberlains, Toll-gatherers, Cuftom- 
 Houfe Officers, and others, whofe Bufinefs it was to colled the King's Money. In 
 the Reigns of Frederick II. and of the Kings of the Houfc oi Aujou, this Tri- 
 bunal was govern'd by the Mafters of Accounts, in the Court of the King's Mint; 
 they were call'd Mafters of Accounts, becaufe their greateft Bufinefs was to take 
 care that the Under Chamberlains, Trcafurers, Cuftom-Houlc Officers, and others, 
 fhould give account of their Admininiflration, and to receive from them an Account 
 of what Money they receiv'd and fent to the King's Treafury. 
 
 GREAT Privileges and Prerogatives were given to thefe Mafters of Accounts 
 by King Le'xis of Anjoit, and Qiicen Joan I. ' ; and they were likewife call'd Mafters 
 of Accounts of the High Court ; and how illuftrious a Dignity^ this was in the Times 
 of the Kings of the Houfe oi Anjou, may be feen by the Perfonagcs who bore thefe 
 Employments ; for we read, that the famous Andrea d'Jfeniia, the renown'd Niccolo 
 Almmo d'Alife, and other eminent Civilians in the Reigns of King Charles II. Robert^ 
 and other Kings their Succeffors, were Mafters of Accounts. 
 
 AFTERWARDS when the Family of Arragon came to reign, Alphonfus I. 
 annex'd to this Tribunal one created by himfelf, call'd Summaria, which was 
 govern'd bv four Prefidents that were Lawyers, and two private Men, befides one 
 who prefided over all in place of the High Chamberlain, and therefore was call'd 
 his Lieutenant \ For which Caufe this Tribunal was more eminent, and had 
 greater Authority ; for befides the Care of the Royal Demelhe, it was vefted with 
 that of Feodal Caufes, which formerly belong'd to the High Court. From hence 
 arofe the Name of Camera Sunmaria, and Prefidents of the Summaria ; the 
 Denomination (not to amufe ourfelves with the fpecious Etymologies of Summa rei^ 
 or Rationis, as Luca di Penua ^ dreameth, who was follow'd by Marino Freccia % 
 for which he was check'd by Moles J was taken from their fummary Examination of 
 the Accounts made up by the Mafters of Accounts. And as the French call this 
 Tribunal the Chamber of Accounts, or of the Finances, Co with us, for the fame 
 Reafon, it's call'd Camera della Summaria. Which is evident from a Privilege 
 granted by the fame King Alphonfus.^ inferted in our Statutes ', where the King 
 plainly fays, that this Tribunal is call'd Summaria, quod rationes ip/k in Camera per 
 Prcefidentes, & Rationales ibidem ordinatos SUM MAR IE 'viderentttr ; of which 
 we (hall have Occafion to difcourfe more at large, when we come to treat of the 
 Inftitution of this Tribunal in the Reign oi Alphonfus I. 
 
 T H O' this fupreme Office of High Chamberlain, according to Freccia^ was 
 put upon a better footing, like that oi France by Charles T. of Anjou ; yet it was not 
 he that firft introduc'd it, for it was known among our Norman and Sucvian Kings ; 
 and many Chamberlains are mention'd during the Reigns of thefe Princes, and par- 
 ticularly in that of Ro^cr ; but Length of Time having bereav'd us of their Names, 
 we have not been able to record them. Yet in the Time of IVilliain I. his Succeflbr, 
 among others, we find, that Gaito Joario was High Chamberlain of the King's 
 Houfliold ; after whofe Death Gaito Pietro an Eunuch fucceeded in that Office, both 
 of them Saracens *. The W^ord Gaito, in the Language of thefe People, was the 
 Name of an Office, and fignifies Captain'. And in the Reign of Il'illianiW. we 
 read, that Gaito Riccardo was High Chamberlain of the Houfhold ^ ; and that Gaito 
 Martina had the Charge of the Revenues of the Cuftom-Houfe. And under the 
 fame King, v/e likewife find mention made of the Chamberlains of Calabria, who 
 refided in Reggio, among thefe we find Gtovanni Colomeno, of whom we fhall have 
 occafion to fpeak in the Reign of this Prince '. Thus alfo in the Times of their 
 
 ' V. Capece Galeot. refp. fjfc. i. num. yi. 
 I * Coftanzo hift. lib. i8. 
 
 ' Luc. dc Pcnna 1. fi quando la ^. C. de Bonis 
 vacaiuib. lib. lo- col. 2. 
 
 ■» Freccia de Subfcud. de Oflic. M. Camer. 
 num. 4. V. Surgcnt. de Neap, jlluftr. tap. 7. 
 
 num. 2. Si ;. &: cap.25. num. 24. in fin yerf. 
 difta eft autem Summaria. 
 
 ' Pragm. \ . de Oflic. Frocur. Csfar. 
 
 * U30 Falcand. 
 
 ' Capccelatr. lib. 2 pag. 107. 
 
 ' Idem, Jib. 3. pag 119. 
 
 ' Idem, pag. izS. 
 
 Snetian
 
 Book A I. f/A' K I N G D o M 0/ N A P L E S. 555 
 
 Siicviju SuccefTors, and in the Conftitutions of Frederick ' we read many I,aus 
 both concerning the OiHce of High Chamberlain, and other Officers, as may be' 
 feen in 7'oppi. 
 
 CIl.iKLE S of Jnjcii reduc'd tliis Office into a better Form, after the fame 
 JMethod with that of France, by eftablifhing one fole High Chamberlain whom all 
 the other Chamberlains of the Pro\inces were to obey, and to whom they were all 
 accountable, as fnpreme Officer of ail the Finances. And this Prince left us many 
 written Laws and liflablifhmcnts concerning the Duty of this Officer, by framing a 
 particular Regulation for his Office, in doing of which he could not forbear to make 
 ufeof the French Terms; for he ordain'd that it fhould be in the Power of the High 
 Chamberlain to depute, fubftitute, and corredb the Grafficri, or Clerks, whofe 
 Bufinels it was to write and note, as that of the Comptrollers to infped and obfervc 
 that there was no Fraud in the CoUedtions. He appointed likewife Maejlri detrlt 
 ArreJU, Maflers of Arrefts ; whence this French Term has continu'd among us to 
 this Day ; and therefore we fay, gU Arrefii delta Camera^ which they call the 
 Decifions and Decrees of their Parliaments ^. 
 
 I N after Times the High Chamberlain began to lofe thefe his fb great Preroga- 
 tives, but it was not fb with the Tribunal of the Camera delta Stviitnnrij, which had 
 its own Prefidents and Accomptants, and was govern'd by his Lieutenant, who 
 tho' call'd fo, was made by the King, and not by the High Chamberlain ; whence 
 it came, that tho' this Tribunal was put upon an equal footing with the other fu- 
 preme Tribunals of the Kingdom, yet the High Chamberlain is now no more than a 
 bare Title of Honour, neither does he concern himlelf with the Affairs of this Tri- 
 bunal, nor has he any Thing to do with the Revenues of the Camera Simmaria ; but 
 all is manag'd by the Lieutenant and his Officers, who arc accountable to tfie 
 Viceroy, who is in place of the King, there being a particular Treafurer who has the 
 Charge of the King's Money. Neverthelefs he retains his Prerogatives, as well in 
 fitting on the King's Left-Hand, next the Chief Juflice % in the fourth Place, as at 
 folemn Marriages, and other publick Occafions, in wearing purple Robes, and he is 
 -reckon'd one of the feven Officers of the Crown, and till of late he had the 
 Emoluments. 
 
 ' Conftit. fi quando ferte, fub tit. Je forma i Procuratoribus, SiC." 
 aualiter, fiiu locandae res Flfcales. Coaftir. | * V. Frcccia loc. cit. num. ii. & 12. 
 authoritacem Magiftris. Conftic. Magiftris I ^ Idem, num. 2i. 8c 22. ' 
 
 SECT. VI. 
 
 of the Great ^rotonotary. 
 
 PIEI'RO VI NCENT"! has written a fmall Treatife concerning the Proto- 
 Notaries of the Kingdom, wherein he has given us rather a long Catalogue of 
 thofe who have exercis'd this Office, than defcrib'd their Bufinefs and Charge. The 
 Protonotary, or Logotbeta with us, certainly had his Rife from the Greeks, as the 
 Word irfeltteftifies ; neverthelefs this Office was known among the Rowans under 
 another Name. In the Empire, as Head of the Notaries, he was call'd Primicerius 
 Kot-vriornui, and was honour 'd with the Proconfular Dignity ; and after he had exer- 
 cis'd his Office two Years, he became lllujlris. In the ancient Empire he had three 
 Sorts or Degrees of Notaries under him, which are plainly defcrib'd in the fheodo- 
 fian Code '. The firft were call'd Unburn Prcetoriant, & Not aril ; and as Caffiodore'- 
 witneffeth, were call'd Candtdatt ; and were of the fame Dignity with Counts. The 
 fecond were plainly nam'd T'ribunt £j' Nutarii ; thefe were of equal Dignity with the 
 Vicani. Laftly, the third were call'd AWr// E:7/«///^r«, or D(/;/;f/'//c/, who were of 
 Confular Rank and Dignity. 
 
 BUT 'tis needlcfs to confound thefe Notaries with thofe now a-days, whom the 
 Koiiians call'd Tai^elltones, whofe Office and Employment were quite different, as 
 fhall be related. Neither are wc 10 confound the Office of Great Protonotary, in the 
 
 ' Did. Th. 1. 2. 5. dePrimic. & Notar. ' Cafllodor. lib. 4. epift. J. 
 
 7 D Times
 
 554 
 
 The C I V I I. M I s T o R Y of 
 
 Book XI. 
 
 Times of our Norvnti and Stievian Kings, and of thofe of the Houfes o? Aujon and 
 Ai-yagon^ with thu of the Viceprotonotary at this Time, which is folcly confin'd to 
 the making of Not iries, and Judiccs CbartiUyi.rii. 
 
 THE Office of Great Protonotnry in the Times of thefe Kings, was fo eminent, 
 thtt in a great meafure it refcmbled that of Pr/pucey.'ns Notariorum among the Koviau. 
 Thele, as dj/wdonis ', nnd Ciotofrediis ' delcribe them to us, were of the Prince's 
 Council, and acled therein as Secretaries ; the Imperial Anfwers and Decrees pals'd 
 thro' their Hands, and the Or uions of the Emperors to the Senate, were frequently 
 deliver'd by the Priniicertus : In lliort, he was the Prince's Secretary, with whom 
 he trufted all his Secrets and Defif!;ns, and therefore by his Office he was conftantly 
 oblig'd to attend him, and lee his Imperial Commands difpatch'd. For which Caule 
 he had under him thefe three Degrees of Notaries, which were form'd into a Body 
 or College, and were much the fame with the prelent Secretaries of State, or of the 
 King's Cabinet, or Houfhold, of whom we (hall treat in the Reign o( Charles 11. 
 of Anjou. 
 
 SUCH was the Office and Power of the Great Protonotary in the Times of the 
 abovemention'd Kings. His chief Bufinefs was not to make Notaries, and Jndices 
 Cbartiilarii^ but conllantly to attend the King's Pcrfon, receive the Petitions and 
 Alemorials that were to be prelented to him ; give Audience to thofe who had 
 recourfe to the King, and give the King account of what had pafi'd : All Letters 
 Patent pafs'd thro' his Hands, and were drawn up by him. All new Conftitutions, 
 Edidts, and Statutes made by the King, were penn'd and feal'd by the Protonotary. 
 Whatever the Prince refblv'd or decreed in Council, or elfe where, he couch'd it in 
 Writing, either in the Form of a Sentence, Decree, Letters Patent, or Special 
 Grant '. And we fee to what a Pitch of Eminency this Office was rais'd in the 
 Reign of Ch^irles II. of Anjou '^^ when it was exercis'd by Bartolomeo di Capua, thro* 
 whole Hands the moft weighty and important Affairs of the Crown pafs'd. 
 
 BUT as in procefs of Time, the Tribunal of the Curia Vicaria deprefs'd the 
 High Jufticc, and reduc'd him to the Condition he is in at prelent, fb the Ercdion 
 of the Council of San ^ a Clara, in the Time of Alpbonjtis I. King of Arragon, almoft 
 quite eclips'd the Great Protonotary ; for tho' Alpbonfus, when he veiled the 
 Prefident of this Council with the fame Power, declar'd, that he did not mean by that 
 to incroach upon the Prerogatives of the Great Protonotary ; and tho', either he or 
 his Viceprotonotary was admitted to prefide in that Council, and frequently hear 
 Caufes as well as the Prefident ; neverthelefs by Degrees th^s Office was afterwards 
 reduc'd to a meer Title of Honour, and the Protonotary excluded from that 
 Council ; for being oblig'd to be always prefcnt in Perfon, and not having Power to 
 e!e6b a Viceprotonotary without a new Grant, which the King refus'd, the Vice- 
 protonotary was no more made by him, but direflly by the King, as is ftill 
 praftis'd. Befides, when the Great Protonotary was eledled by the King, with 
 great Solemnity he took PolTeffion of his Place in the Council of SaiiiJa Clara, and 
 was prefcnt with the Prefident and all the other Counlellors at all the Sentences and 
 Decrees that were given ; and at laft the King made the Prefident of that Council 
 Viceprotonotary : Thus thclc two Offices were united in the lame Perfon, as Ihall 
 be related more at large in the Reign of Alpbonfus I. 
 
 1 N procefs of Time, when the great Barons were advanc'd to this Office, and 
 no Regard had to I^awycrs, as in the Time of Burtolonieo di Capua ; the Great Pro- 
 tonotaries, as Perfons of high Quality, in a manner difdaining to go in Pcrfon to the 
 Council of San^a Clara, the Viceprotonotarics went ; and theie being no more 
 made by thofe, but by the King, the Great Protonotaries at laft came be to excluded 
 altogether out of that Council. On the other hand, the Prclidents of the Council, 
 whole Authority was very great, excluded afterwards the Viceprotonotarics from all 
 the Prerogatires which formerly they hnd, as reprefcnting the Perfon of the Great 
 Protonotary ; fo that their Authority came to be reftridcd to the foJe making of 
 Notaries, and Judiccs Chartnlarii, &c. which they ftill have. 
 
 BUT tho' the Office of Viceprotonotary was thus reftrided, yet the making of 
 Notaries and the Judiccs Chartularii, the examining their Pri\'iieges and Protocols 
 
 I Cadlodor. 6. var. 5. jo. 8c 16. & 11. var. 
 3. 
 ' Goth. 1. I. z. C. Til. de Primic. & Norar 
 
 18. 
 
 ^ Freccia de Subfeud. de Offic. Logor. ^ 
 Proton, num. 1. &: 2. 
 ■* Idem. num. 17. 
 
 brought
 
 Book XI. //.:.• K I N c D o M 0/ N A P L E S. 555 
 
 brought great Emokiments, whicli occafion'd grievous L»ifputes betwixt the Great 
 protonotaries, who prctendtd they I tlong'd to them, and the Viceprotonotaries, 
 who being appointed by the King, appropriated all to thcmfelvcs ; and Mir/uo 
 Freccia ' relates a bitter Dilpute that arole in his Time betwixt the Duke of Cv/rro- 
 'VilLin Great Protonotjry, and the flimous Qco Loffredo Viteprotonotar\'. At 
 prefent all thele Diiputes are over ; lor the Viceprotonotary holdinj; hi^ Ornce of 
 none but the King, enjoys all the Profits, and now the Office of Great Protonotary 
 is only a bare Title ot Honour, without any Emoluments, but he flill retains the 
 Honour of Purple Robes, and his Seat in Parliament on the King's Ri-'ht-lland 
 next the High Admiral. 
 
 B U T it muft be oblerv'd, that the prefent Notaries, who arc made by the Vice- 
 protonotary, bear no Relemblance with thole Notaries mention'd in the I'beodoftan 
 Code, and by CaJJiodorus^ who, as we have faid, refembled more the Officers 
 of the King's Secretary or Chancery Offices, who have the Charge of the King's 
 publick Ails and Writs, than the prefent Notaries, whofe Bufinels relates only to 
 the Deeds and Writs of private Perlbns, tho' their Office be of a publick nature. 
 Thele are more like the 1'alclliones of the ancieiu Komans^ whofe Office was very 
 much the fame, with this one Difference, that the prefent Notaries perform the Office 
 both of the T'ahukirii and the 7'abellioncs. 
 
 A M O N G the Romans^ thofe who were appointed to keep the publick Archives, 
 where the Publick Inftruments and Records were prelerv'd, were call'd ^abularn, 
 becaule the Place where thefe Things were kept was call'd fabuhirtmi^ and the Greeks 
 call'd it Grjiumatopbylaciuiii^ or Archtinn ^ ; and the Care of thefe Pi ices was often 
 committed to publick Slaves, that is, fuch as were bought with the publick Money 
 of the Cities or Provinces ; and thefe Tahularii being publick Slaves, could not only 
 ad:, covenant, acquire, and in their Names take Poffeffion for the Publick, but like- 
 wife for private Perfons K The Emperor Aicadius afterwards turn'd out thele 
 publick Slaves from the I'abiilaria^ and order'd that the tabular ii Ihould be Free- 
 men *, who, as publick Pcrfons, could covenant for others, in the fame manner as 
 a Magillrate \ But the Office of thele 1'abitlarii was only to take care of the pub- 
 lick Inftruments and Records in the Archives, and as publick Perfons to adt and 
 covenant for others. 
 
 THE Tabelliones were thole who indited and wrote I'eftaments or laft Wills, 
 and drew up Contradts, making them publick Inftruments in the Prelcnce of the 
 ^abularii *, w hich were afterwards given to the I'abnlarii to be kept. Thefe 'Tabel- 
 licnss were likewife call'd Noifiici, that is to fay, 'Juris Jiudiofi, becaufe in order to 
 be skill d in drawing up and writing thele Inftruments and Teftaments, it behoved 
 them to have fome Knowledge of the Laws ^ Some interpret the Word Nomicns, 
 viz. Lez^itiwHs^ becaufe he made all Deeds lawful. However that may be, 'tis 
 certain, that the TdbellioJies, whom we now call Notaries, were quite different from 
 the falilirii, who had the Charge of the Archi\'es ; and feeing they were diftin- 
 guifti'd by 'Juflinian in his NoveUx % 'tis needlels to confound them, as Accurfius ', 
 Gove anus '", and Forcatulus " have done. 
 
 NEVERTHELESS thefe two Employments were afterwards united in our 
 Notaries ; for as formerly the T'abellicnes wrote the Inftruments in the Frefcnce of 
 the 'Tabularti, who prelerv'd them in the Archives, it was afteraards brought into 
 Practice, that the Inftruments or Teftaments were wrote in the Prelcnce of the 
 'tabelLoiies^ without having rccourfe to tlie ^abuhnii^ and the 'Tabclliones made 
 Protocols of them, and kept them in their own Houles, not in the Archives. 
 Whence, by confounding thefe two Offices, a Notarv was look'd upon as a publick 
 Perfon, that could covenant for other People, as the 'fabtilarii did. 
 
 THEREFORE the Office of Notary came to be in greater Efteem and 
 Credit ■■, fo that when Princes made them, there were certain La<vs enafted con- 
 cerning them, and mmy (Qualifications rcquir'd, fuch as Integrity, a good Repun- 
 tion, Fidelity, and Knowledge ; a fair Hand, and a ready Conception, in order to 
 
 ' Frecc'a 'oc- clr. num. zi- caut lib. i. C. Th dc Crim. faW'i. 
 
 ' Cadcus iiiannoc. rclinuis in PP. 
 ' V. Aalis in Co;niaciir, aJ tit. Jc verb, 
 oblig. cap. 2. qu. 2. 
 
 * L uenerali, C de Tabular, lib lo. 
 ' Inititur. ^. cum auccm, de Adopt. 
 ' Novel. 41- do Talcl. Nov. 97. uc Inftrum- 
 
 ' Nov. 66. ^. I. in princ. 
 ' Idem 44. 
 
 ' Accur. 1. fi Pupiiliis ab.'eiis, D. Rpni P„pll. 
 Salv. tore, i)(. 1. non alirer, D. de Adoption. 
 ' ' Govcan. 1. left i . 
 " torcac. Dialog. ^3. num. 5. 
 
 couch
 
 c 5 6 The Civil History of Book XI. 
 
 couch in Writing, the Articles agreed upon betwixt Parties ; they were to be Clofe, 
 Treemcn, Ciiriftiaiis, and Natives of the Places where they were to officiate, that 
 they might know the contradir.g Parties. And this Office requiring the utmoft 
 Fidelity, with us of old, the Nobility were not afham'd to exercife it ; and, as 
 once it was not below the Nobility, particularly thole ofStilerm, to pradife Phyfick, 
 fo likewife many Noblemen of our Sedeli ''' did not think it 
 , ',^""'" TriJ^un^j^ below them to be Notaries formerly ; Marino Freccia ' declares, 
 
 m the difereiit W ards , , , r t/i djt^- j 
 
 ofthcCityofN/i/>/f/. that he has icen many Initruments, Records, Inventories, and 
 other ancient Documents, written by the Hands of noble Notaries, 
 whofe Families, he fays, he would not name, for fear of difplcafing their Pofterity. 
 Whence 'tis a Rule among us, that the Office of Notary does not derogate from a 
 Man's Nobility, and that Notaries are not reckon'd among Tradelmen ^ 
 
 ' Freccia de Subfeud. lib. i. tit. dc Oflic. i ^ V. Tap. de Jur. Regn. de Offic. Notar. 
 Logot. num. 14. num.6, 7, S. 
 
 SECT. VII. 
 
 H/z^ Steward. 
 
 Of the 
 
 'O' 
 
 As upon the Suppreflion of the Maires of the Palace in France, four new Offices, 
 with refped to War, Juftice, the Finances, and the King's Houfhold had 
 their Rife ; for War, the High Conftable ; for Juftice, the High Chancellor ; for 
 the Finances, the High Trealurer, chief Officer of the Chamber of Accounts ; and 
 for the King's Houflioid, the Great Mafter of Fmwcf, of old call'd the Co««r of the 
 Palace, that is to fay, Judge of the King's Houfhold, who had the Government 
 thereof. 
 
 I N the fame manner in the Kingdom o^ Sicily, befides the Officers already men- 
 tion'd, in imitation oi France, the Great Mafter ni Sicily was created, and alio by a 
 French Word call'd Stnifcako, or Steward of the King's Houfhold, of which he had 
 the Charge, and furnifh'd it with all Sorts of Provifions ; it was likewife his Bufinefs 
 to provide Corn and all other Fodder for the King's Horfes, to take care of the 
 Forefts, and the Game relcrv'd for the King's Diverfion, to have Inipedion over the 
 King's Domefticks, and other Servants, whom he had Power to corredt and punifh, 
 except the Chamberlains, who were of the King's Bedchamber, and who undrefs'd 
 and put the King to Bed, and ail Privy Counlellors were allb exempted from the 
 Jurifdidion of the High Steward '. 
 
 THEREFORE he was Judge of the King's Houfhold, and the whole Family 
 of the Royal Palace was under his Care, as alio all the other inferior Officers, who 
 according to their ftveral Employments had different Names, whence there fprung 
 many Offices that were not Offices of the Crown, but of the Royal Houfhold. 
 
 I N the Time of the Normans we find there were High Ssewards, call'd fb, 
 becaufe they were at the Head of, and commanded all the other inferior Stewards 
 of the King's Houfhold ; and tho' we cannot dilbover from Records who was 
 Koger\ High Steward, yet in the Reign oilVtUiam I. his Succeffor, we find Simone 
 a Kinfman of the famous Majone, was High Steward, whom Pellegrinus allb men- 
 tions ', and to whom IVtlliam gave the Government of Piiglia * ^ fo that without 
 doubt this Office, as well as the reft, was introduc'd among us by the Normans. 
 
 'T IS likewife evident, that in the Time of the Kings of the Houfe of Anjon, 
 particularly oi Charles II. this Office was put on a better Footing, according to the 
 Eftablifhment of this Office recorded by Freccia j wiiencc fprung thofe lefTer Offices 
 of the King's Houfhold in Naples depending on the High Steward ; and the Rcafbn 
 was, hQCTiwfe Charles I. of yinjoti, having fix'd his Royal Seat in Naples, the High 
 Steward diftinguifh'd himfelf above all the other Officers of the King's Houfhold, 
 which were many ; therefore in the Time of thcic Kings of the Houfe of .injou, we 
 
 ' Freccia dc Subfeud. lib. i. de Offic. M. r ' Pcllegr. in Notitia Judicati, pag. 2J7. 
 Scncfcal. ' ' Capecelatr. lib. z. pag. 77. 
 
 often
 
 Book XI. z/:*^ K I .\ c D o M 0/ N A P L E S. 557 
 
 ofccn find mention made of the Stewards of the King's Houfhold, of the Ki;ig's 
 M.^fters of the Horle, his Mafters of the Pantry, Grooms of the Stables, Chief 
 Qiierries, Maftcrs of the Houfhold, Maftcrs of the Stud, Mafters Oeconomifts, and 
 the Senefcalli Regti Hofpitii, as we read in the Time of Queen Joau I. PbicbtUiis 
 Gaetauns Keginahs hofpttii Seiiefcnllus ; and in the Time of Charles III. Nohilis lir 
 BartbolcmxHs 7'omacellus mile^ ^^g'i hofpttii Seuefcallns ; and under King Ladi/la:^ 
 we find Paolsno ScagUotw High Steward to this King, and others mention'd by T'titim '. 
 So likewife there were other Officers of the King's Houfhold under the Hi^h 
 Steward, fuch as the Mafter Cook, the Mafter Butcher, the Judge of the King's 
 Houfhold, the King's Chamberlains, his Huntfmen, Birdcatcher, Falconer, and 
 others, of whom we fhall have occafion to dif courfe more at large in the Reigns of 
 thef'e Princes. 
 
 BUT as in the Time of the Kings of the Houfe oi Anjou, the High Steward on 
 account of fb many Officers that were under him, was at his higheft Pitch of Gran- 
 deur, and his Prerogatives were ftiU continu'd to him under the Kings of the Ho ife 
 of Arra^cu, becaufe they alfb made Naples the Place of their Refidence ; {o after- 
 wards, when this Kingdom came under the Dominion of the Houfc o( Atijlria, and 
 N.-jples was no more the Seat of the Kings, the Prerogatives of the High Steward, 
 were much diminifh'd, and many of the abovcmention'd Officers of the King's 
 Houfhold lupprefs'd, and at lafl for the fame Reafon it was reduc'd to a bare Title 
 of Honour, without Function or Office. 
 
 BY this Suppreflion, many of thefe Offices that depended on the High Steward 
 came to be more efteem'd, and to be reckon'd (tho' none of the Icven Offices of the 
 Crown) at leaft among the Chief of the Kingdom, no ways fubordinate to others, 
 fuch as the Maft:er of the King's Studs, his chief Huntfman, who lias theOverleeing 
 of all the King's Huntfmen, his Forefts and Game ; and others, of whom we fhall 
 have occafion to fpeak in a more fit Place. 'Tis worthy of Obfervation, that in the 
 Notitia Imperii there are to be found Officers that have fbme Refemblance with each 
 of thofe we have hitherto nam'd ; but as for the chief Huntfman, 'tis in vain to ex- 
 pert fuch a one among the Romans, for their Emperors had no Inclination for 
 Hunting, as our Kings had, who look'd upon that Exercife as proper for Warriors, 
 luch as they were, who often went in Pcrfbn at the Head of their Armies ; they 
 reckon'd that by going a Hunting they made themfelves acquainted with the Situation 
 and Pofition of the Mountains, Valleys, Hillocks, Plains and Rivers, which, generally 
 Ipeaking, have the fame Pofitions all the World over. 
 
 THUS at prefent among us, by the long Abfence of our Kings, who have their 
 Royal Seats elfewhere, the Office of High Steward is in a manner extindl, and only 
 continues to be a Title of Honour ; yet on feme Occafions, fuch as in Parliaments, 
 and at publick Solemnities, he retains his Prerogatives and Pre-eminences ; he wears 
 Purple Robes, and fits in the lafl Place at the King's Feet, and is reckon'd one of the 
 le\'en Officers of the Crov/n. 
 
 THUS did Roger eflablifh his Kingdom, and fuch were the Laws and Polity 
 which he introduc'd^ and the Officers by whom the Kingdom was manag'd, which 
 after fb much Labour he brought to a folid State of Tranquillity. But his heroirk 
 Spirit, not content with having eftablilh'd the Monarchy in this manner, was wholly 
 bent on acquiring new Kingdoms and Provinces, tho' fituated in the more remote 
 and dillant Parts o£ Africa. 
 
 ' Tutin. degl' OfTic. del. Regii. in. princ 
 
 7 E CHAP.
 
 558 
 
 The Civil History of 
 
 Book XL 
 
 CHAP. VIL 
 
 Roger'5 Expedition into Africa. His Virtues and Death. 
 
 N the mean time Pope Innocent^ after he had govern'd the Church of 
 Rome for the Space of Fourteen Years, on the 24th Day of S&ptem-' 
 ber'm the Year 1143, died in Konte much afflidled with the Trouble 
 which the Arnaldifts and Kumaiis gave him, who had undertaken to 
 
 refVore their native Country to its antient Liberty, and to re-inftate 
 
 the antient Senatorian and Equeftrian Orders, and to humble the Ecclefiaftical State, 
 on which account they had continual Broils with this Pope. 
 
 GUJDO CASI'ELLO a Cardinal, by the Title of St. Mark, was eledted in 
 his Room, and proclaim'd Pope by the Name of Celejline II. who had Icarccly 
 been Six Months in the Chair, when he became jealous of Rogers Greatnels, and 
 endeavour 'd to break the Peace made by his Predcceffor with this Prince ; but he was 
 prevented by Death on the 8th Day of March in the following Year 1144. 1 he 
 Cardinals elefted Gerardo Caccianemtco da Bologna, Cardinal of the Holy Crofs, his 
 Succeflbr, who took the Name o( Lucius II. 
 
 THIS Pope, treading in the Footfteps of Celejline, was ill pleas'd with Roger ; 
 and this Prince, endeavouring to make him his Friend, they had an Interview in 
 the Monaftery of Caffino ; but not coming to an Agreement, by rcafon of the 
 Obftacles which the Cardinals threw in the Way, the King in a hoftile Manner 
 entered the State of the Church, took Terraciiia, and many other Places in the Cam- 
 pagua di Roma '. This made the Cardinals immediately remove the Obftacles, and 
 the Pope foon came to an Agreement, and having granted Roger many Prerogatives, 
 ^erracina and the other Places were rcftor'd to him again. Then it was, that this 
 Pope, in order to the better eftabliihing of the Monarchy of Sicily, befides what 
 Urban II. had confer'd on Roger, granted him the Ring, the Sandals, the Scepter, 
 the Mitre and the Dalmatick, and promis'd not to fend any Perlbn as Legate into 
 Rogers Dominions but fuch as (liould be acceptable to him % (tho' Sigomus * fays, 
 that thefe Ornaments were granted to Rcger the following Year 1 145, by Honorius III. 
 and not by Pope Lucius II.) whence our Kings value themfelves in being not only 
 Lords in Temporals, but likewife in Spirituals in Sicily ■, and indeed on the Money 
 which William I. caus'd to be coin'd, on one Side we {ce the King crown'd with a 
 Crown of four Rays, the Verge in his Hand, w ith the Dalmatick or Stole Crofs- 
 wife on his Breaft, and feated on the Royal Throne with the Sandals on his Feet *. 
 
 THE Arnaldifts, who continu'd to plague Rruic under the fimous Antaldo da 
 Brefciathek Head, who had been condtmn'd by Innocent II. in the Lateran Council, 
 accus'd Lucius before Conrade King of the Romans, that for a great Sum of Monc)', 
 he had granted Roger his Enemy thcfe Prerogatives, and had enter 'd into a Con- 
 federacy with him'. 
 
 ROG ER return'd afterwards to Palermo, and this very Year Anfufus Prince of 
 Capua his Son, died, which Principality Roger gave to IVilUam, whom he alfo 
 made Duke of Naples ; and who afterwards luccceded him in his Dominions. 
 
 ' Pcllegr. in Anon. Caflin. anno 1 145 Cron. 
 diFollonova, ami. 1144- 
 
 * Otho friring. de rcb. gcft. Frid. lib. z- 
 
 cap.i7, 2^- 
 
 1 Sigon. de Reg- Icaiise lib, ir 
 
 "* Inveges lib. :;. Iiift. Paler. 
 
 ' Otho I'liling. dc gcft. Frid. lib. i. cap. 27, 
 23. _ El Siculus dedit ci multatn peciiniaia pro 
 dctrlmciuo vcftro, &; Rom, Impciii. 
 
 Augufiintis
 
 Book XL ^/:j^ K I N G D o M 0/ N A P L E S. 559 
 
 AuguftiniiS Lticges ', and Caiuillus Pclkgrimis " relate, that 7'ancrcd his fccond Son, 
 PriVice of Bmi and ^■iranto^ died cither in the Year 1142 or 1143, and that /In- 
 fufus his third Son, died this Year 1144- Kcger this fame Year return'd to Capun^ 
 where he call'd the f.rft general Meeting ; for that -.vhich a little before he had call'd in 
 Ariano^ confifted only of the Prelates and Barons of Pnglia ; His Son ll'illi.:m with 
 the Archbifhops, Bifhops and Abbots, with many Counts and Barons, wereprclent 
 in this Meeting ; in which many provident Laws were made for the good Govern- 
 ment of the Kingdom, and many Law-Suits were compounded, and particularly 
 one that had arifeu betwixt John Bifhop of Averfa^ and JJ alter Abbot of 
 St. Lorenzo^ in the fame City, about the fifhing of the Lake of Patria ' ■ the Writ 
 of which is recorded by Chioccarell: *. 
 
 IN the Year 1145, Pope LKf/V/j IL died in Rowe, and the Cardinals eledlcd 
 Bernard Abbot of St. Anaftnfius, Difciple of St. Bernard^ his SuccefTor, who took 
 the Name of Eugene IIL who, notwithftanding that the Romans and Arnaldijis 
 continued to difturb him, hearing that the Affairs of theChriftians in Palefline grew 
 worfe and worfe, refolv'd to relieve thofe Holy Places, and, by his Letters, and 
 the Perfuafion of St. Bernard^ the Emperor Conrad, and Leiois King of France, 
 were mov'd to go with a great and powerful Army to the Holy Land. Koger would 
 not enter into this Confederacy, becaule the Intent of it was to preferve the King- 
 dom of Jeriifalem to BaldvJtn III. and, as we havefaid, he had always been pufli'd 
 on by Adclaida his Mother, to conquer it for himfelf; fo that having fettled his 
 Dominions in a {olid and lafting Peace, and being of a heroick Spirit, and covetous 
 of Dominion, he refolv'd to extend his Conquefts to other more remote Parts. 
 Therefore he made every thing ready for an Expedition into Africa, and ha'/ing 
 ordered a great Fleet to rendezvous in Sicily^ he imbark'd in it, and fteer'd for 
 the Kingdom of I'luiis, and having attack'd that King, he made himfelf Mafter of 
 the Cities of I'ripoly, Stace and CaJJia, and fo harals'd him in other Parts of the 
 Kingdom, that he forc'd him to buy his Peace for a yearly Tribute ', which con- 
 tinu'd to be pay'd for the Space of Thirty Years, both to himfelf and his Son 
 IVilliam ; whence, according to Lncges *, the Church of Tripoli in Africa was 
 made Suffragan to that of Palermo. Roger, proud of having made the King of 
 T'ripoli Tributary to him, took for his military Motto, which he caus'd to be 
 engraven upon his Sword, this Verfc, 
 
 Apptilus, i3 Calaher, Siculiis inihi fer'vit, S Afer. 
 
 H E likewife carried his victorious Arms into Greece ; for the Emperor Callo- 
 Joannes dying about this Time, was fucceeded in the Empire by his Son Emanuel, 
 who fent Ambaffadors to the King, defiring to enter into Alliance with him by 
 Marriage, and Roger, that it might take EfFe<it, fent Ambafladors to Conjianttnople ^ 
 but the perfidious Greek changing his Mind, and amufmg them for ibme Time, 
 caus'd them to be put in Prifon ; which fo inrag'd Roger, that he order'd a ftrong 
 Fleet to be conven'd at Otranto, and lent it with a great many of his Barons into 
 Greece, under the Command of George of Antioch his High Admiral, who having 
 taken the City of Mtitine, fell upon the Ifland of Corfu ; and from thence he fail'd 
 into t\\o Morea, and fcowering along into the Gulf of Saronico near Caucrea, a Pore 
 belonging to Corinth, he deftroy'd all that Country with Fire and Sword j from 
 thence he went and ranfack'd all Achaia, and ruin'd "Thehe, and committed Hofli- 
 lities in all Places of the Negropont and Basotia ; from whence, bcfides the rich Booty, 
 he carried off with him the chief Workmen of the Silk Manufactures, and brought 
 them to Sicily and thefe our Provinces, which Art had never been known in Italy 
 before this Time ; and had not the Venetians, who, at the Requeft of the Emperor 
 Emanuel, came to his Afliflance with Sixty Gallics, oblig'd him to feturn to Sicily, 
 he would have carried his victorious Banner to the Walls of Conftantinople. 
 
 BUT all thcfe Triumphs were imbitter'd by the Death of Henry his Fifth Son, 
 there being now none left of fb many Sons, but only Two, Roger Duke of Puglui, 
 
 ' Inveg. Hift. Pal. torn. 9. 
 
 ' Pellegr. parr. 1. in ftem. Pr.Capus. 
 
 ' f.apecelatr. hift. lib. 1 ■ pag. f?- 
 
 "• Chioc de Archiep. Neap. A. Iii3. in Marin. 
 
 'Anon. Caflin. ann. ii4f. Fr. Tolom. 
 Lucca Chron. torn, j Hifp illuftr. fol. j-'j. 
 * Invt'g. hift. Paler, com. ;. 
 
 dl 
 
 and
 
 ^6o The Civil History of Book XI. 
 
 and Jl^tWam Duke of Naples and Prince of Capua. Caviillus Pcllegrinus lays, that 
 Henry died when he was very Young : but he is much miftaken ; for he was the Son 
 of Queen .^H'ir^, who died in the Year 1134, ^'""^ 'tis certain that Ilemj was at that 
 Time a Youth at Icaft of 14 Years old. And whit added to his Grief, was, that 
 he dilcover'd that this Year 1149, the Emperor Conrad had enter'd into an Alliance 
 w ith the Emperor Emanuel to his Prejudice, and loon after in the fame Year, Koo;^er 
 Duke of Puglia died '. Therefore the King rcfolv'd to marry again, and took to 
 Wife Sibilla, Sifter to the Duke o£ Burgundy ^ but this Princefs died the Year fol- 
 lowing 1 150 in Salerno, and was buried in the Church of the Trinity of the Ca-ve, 
 where her Tomb is to be feen to this Day ^ 
 
 ' Romuald. In Chrcn. ^ 1 Reglna, &c Rex Rogerlus conftirult Gulielmm 
 
 'Anon. CafTin. Anno iifO, Oliic Sibilla ' Ducem filium iuum Apulis Regem. 
 
 SECT. I. 
 
 77!e Coronat'ion cf William T. nnd the Deaths of Pope Eugen, and the E/n- 
 feroi- Conrad, zvho -mas Jhcceeded by Frederick BarbarofTa. 
 
 ROGER, being thus left alone, made IVittiam his Collegue, and caus'd him to 
 be crown'd and anointed King of Sicily the fame Year 11 50, which Ceremony 
 was perform'd in Palermo by Hugo, Archbilhop of that City ; whence Inveges fays ', 
 that though the Family of Caravella claim it as their Right to crown the Kings of 
 Sicily, neverthelefs the PaleTmitam difpute it with them, and lay, that 'tis the Pre- 
 rogative of their Archbilhop. However that may be, in all Writs the Years of 
 Williams Reign are computed from 1150, in which his Father made him his Collegue. 
 And Roger, Stbilln having died {o foon without leaving Children, married anew, 
 and took to Wife Beatrice the Sifter of Count di Ketefta ; this Queen after Rogers 
 Death, being left big with Child,' brought forth Conftance, whom Henry of Suevia 
 married when Ihe was Thirty Years of Age, and by whofe Right he afterwards 
 became King of Sicily, as Ihall be related more at large in its Place ; fb that thole 
 Authors are grofly miftaken, who have written, that this Conftance was a Nun ; 
 whence we may lee, that what's told of Roger his having conlulted the Abbot 
 Gioachimc, concerning his Prophecy relating to Conftance, is a meer Fable; but fome 
 Authors, fuch as J'l/ani, tell the Story of his Son ll'illiam. 
 
 THE Year following 1 1 51, the Emperor Conrad died in Germany in the City of 
 Bamherg, not without Sulpicion of having been poilbn'd by Roger s Means, who 
 had ftill been his Enemy, (as all the Kings of S.'Cily had been to the Emperors) 
 neither had the famous Peter, Abbot of Clugny, been able to reconcile Conrad and 
 Roger. His Nephew Frederick Duke of Suevia, furnam'd Barbarojfa, a gallant 
 and wife Prince, was eledled his Succeflbr, whole Exploits Ihall be recorded in the 
 following Book 
 
 THE Year following 1152, Pope Eugen, after having reftor'd Tranquillity in 
 Rome, where he had been joyfully receiv'd, likewile died, and Cardinal Conrad a 
 Roman, in the Year 1153, was eleded in his Room, and took the Name of 
 Avaftafins IV. 
 
 I N the mean time Roger, after having, by the Means of his Captains, conquer'd 
 the City H'ppon in Africa, fimous for having been the See of the Great Auguftine, 
 laid afide any more Thoughts of War, took up his Refidence in Palermo, and fpent 
 the Two remaining Years of his Life in eredting perpetual Monuments both of his 
 Magnificence and Piety ; for bcfides a ftately Palace which he built in Palermo, and 
 a noble Royal Chapel dedicated to St. Peter, and another Church in Meffina, dedi- 
 cated to St. Nicholas, he founded a noble Church to Nicholas Bifliop of Mira. 
 
 I N the Year 1078, as we have laid, the Bones of this Saint had been tranfported 
 to Bari ; and now on account of the Liquor which was feen to drop out of them, 
 were become the Wonder of the World : The Fume of the Prodigy increas'd, and 
 
 ' Inveg. hifl. Pal. com. ;. 
 
 in
 
 Book XL ^/:7^ K I \' G D o M 0/ N A P L E S. 561 
 
 in theie Times this Church and Ban grew fb famous in the Eafl-, that it drew Vene- 
 ration from the very Emperors of Greece^ as may be fecn in the Novellx of the Em- 
 peror Emanuel, wherein fo notable a Miracle is mention'd. Roger, out of Devotion 
 went frequently to Bari, moft gracioufly confirm'd the Cuftoms or Laws of that 
 City, and ercdied this magnificent Church there, and declar'd it to be his Royal 
 Chapel ' : he would not have it to be fubjeft to the Archbifhop of the City, but 
 ablblutely to the Pope, and inftitutcd a Prior and many Canons in it : He inrich'd 
 it with great Revenues, Caftles and Farms, as may be feen by an Inlcription on 
 Marble in that Place ; though BeatiUo, who wrote the Hiftory of* the City of Bari, 
 and the Life of this Saint, mentions no fuch thing ; but gives the Church and 
 Priory a more antient and different Rife. Some will have it, that Charles of Anjou 
 inftitutcd that Priory, and declar'd this Church his Chapel Royal ; of which we 
 ftiall haveoccafion to diicourfe in another Place. 
 
 ROGER gave likewife many noble Ornaments both of Gold and Silver, and 
 the Inheritance of many Lands to St. Mattbew's Chapel in Salerno; and fbmc rich 
 Prefents to the Monaftery of the Trinity of the Cave j and though he did not think 
 fit to m.;ke ufe of Violence to oblige the Saracens and Jews that were in Sic.'ly to 
 turn Chriftians, yet he was at great Pains to bring it about. 
 
 B UT this Prince, after having, by his notable Exploits, made himfclf fo famous 
 andrenown'd in the World, in the Month of February of this Year 1154, fell fick 
 in Palermo, and died in the 58th Year of his Age ' : A fhort Life for fo many noble 
 Actions perfbrm'd by him ; whole Death was foon followed in the Month of De- 
 cember of the fame Year, by that of Anajlafius j and Adrian IV. was eledted in his 
 PvOom. 
 
 ROGER was truly a great and illuftrious Prince, whole magnanimous Exploits 
 rais'd him to be one of the moft powerful and greateft Kings in the World, who 
 not only ftruck Terror into the Emperors of the Weft, but alio into thole of the 
 Eall; ; and by his Condudt rais'd his Kingdom in the midft of thefe Two potent 
 Empires : He was no lels prudent in Council, than brave in the Field, unlhaken in 
 Adverfit)-, and moderate in Prolperity. An equal Admirer of gallant and learned 
 Alen, V. hom he invited from the moll: remote Countries, and rais'd to the firft Ho- 
 nours of his Kingdom. He was judicious in making new Laws, and govern'd his 
 Dominions with the utmoft Juftice. He had a great Affection for the French, his 
 Forefathers having been of French Extradt. He left notable Monuments of his Piety j 
 and tho' fome have charg'd him with Cruelty towards his Enemies and Rebels ; 
 yet he was not to be blara'd for that, feeing he was oblig'd to make ule of all thole 
 Aleans which are proper and neceflary to a Prince, who was to eftablifh a new 
 Kingdom. 
 
 I KNOW that St. Bernard, and the Emperor Emanuel Ipoke of him as a 
 Tyrant and Ufurper ; but the firft, who was of Lnwcent's and Lothatrs Faftion, 
 fpoke the Sentiments of that Party ; w hich was evident, for no fboner had Roger 
 made up Matters with Innocent, than the Title of Tyrant and Ufurper evanifh'd ; 
 whence we have many Letters of the fame Bernard written to Roger, full of En- 
 comiums on him. And our modern Neapolitan Hiftorian, la}s, that Ro^er, after 
 this Peace, of the worft, became the beft of Men j for in the Opinion of \Vriters 
 of this Kidney, he's a wicked Prince, who, in order to prelerve his own Rights and 
 Royal Prerogatives, oppoles the Popes ; and he's a good Prince, who, to curry 
 Fa\our with them, cringes, and is at their Devotion. As Ibr the Emperor Emanuel, 
 no other could be expedled from him, becaufe he was his mortal Enemy, as all the 
 Norman Princes were to the Emperors of the Eaft, on account of the continual Wars 
 they had w ith one another ; thus, the Princcls A)ma Comnena calls the famoui 
 Robert Gtiifcard a Robber, becaufe of the cruel War which he made on Alexius 
 Comnains her Father. ' 
 
 I likewife know, that Ibme blame this Prince for having join'd the Faction of 
 Anaclet the Anti-Pope, and rejedied Innocent ; but they ought to conlidcr, tliat by 
 blaming Roger for this, they accufe at the fame Time almoft the wholcCatholick 
 W orld, that then look'd upon Anaclet, and not Innocent, to be the true Pope. 
 
 ' Capcce'.atr. lib. i. pag. fp. 1 Capecelatr. hift. lib. i. pas; 5-9. 
 
 '■ Coiiiil. Pclleijr. ad Anon. Caffin. A iiJ4- ' 
 
 7 F They
 
 <^6i The C I V I L H I s T o R Y of Book XI. 
 
 They were both created the fame Day, and tho' Innocent was firft eleded, yet 
 yinaclct had the greatcft Number of Votes ; and the Suffrages of thofe Cardinals, 
 who after they had elected Anaclet^ went over to Innocent' s. Fadion, could be of no 
 ftead to him. Though the People of Korne^ and the chief Men of that City at firft 
 ftuck by Innocent, ncverthelefs they afterwards publifli'd to the World by leveral 
 Manifeitoes, that fmce they had come to the Knowledge of the Truth, they own'd 
 Anaclet for true Pope. The Monks of Monte CaJ/ino w ith their Abbot, acknowledg'd 
 him as fuch: Many Cardinals, Bilhops and the chief Prelates of the Church, fided 
 with Anaclet ; and many Princes and Kingdoms did the lame ; and before the 
 Council of EJlaiiipes, a City betwixt Parts and Orleans, which decided in Favour 
 of Innocent, France was very uncertain what Side to chufe. Henry King of England 
 was afi-aid to own Innocent for Pope, and till St. Bernard fatisfied his Confcience, he 
 never would acknowledge him '. And though Germany was for Innocent, yet it was 
 more owing to Lctbaire, than to the want of Scruple of Confcience. It was a hard 
 Matter at this Time to difcover Truth amidft lo many and oppofite Fadtions under 
 which it was difguis'd ; and the World was witnefs to a moft deplorable Tragedy. Inno- 
 cent excommunicated Anaclet with his Adherents ; and Anaclet excommunicated //;;;o- 
 cent with his Followers : Bernard and Peter of Pija contended with one another, and 
 both of them were reckon'd equally wife and learned. Many Diiputesarole amongft 
 the graveft Divines of thofe Times, infomuch that by the Arguments of both Sides, 
 the People were confounded. In which Circumftance, as St. Anthony % fpeaking of 
 the Schifm which fell out betwixt Urban VI, and Clement VII. very much to the 
 Purpofe, faid, tho' we muft believe, that as there is but one Catholick Church, fo 
 likewife fhe can have but one Head ; neverthcleis if through Schilm, more Popes 
 than one happen to be eleded at the fame Time, our Salvation do's not depend upon 
 believing abfolutely this one or that one to be true Pope ; but that one of them 
 who has been lawfully elcded, muft be fuch ; and we are neither oblig'd to inquire 
 narrowly, nor to know which of them has been lawfully eleded ; and the People 
 are to be guided in that by their Superiors and Prelates ; whence this fame Writer 
 does not condemn St. Vincent Ferreri of his own Order, for having Ipent almoft his 
 whole Life-time in Avignon, where Bejiediii XIII. kept his Court, and whom he 
 acknowledg'd to be the true Pope, tho' the Italians, and many other Nations, look'd 
 upon him as an Apoftate and Schilmatick, and efpecially in fo intricate and doubtful 
 a Cafe ; and many things may be faid to be lawful while doubtful ; but not when the 
 Truth is fet in a clear light. If any thing derogates from the Worth of this Prince, 
 it is,' that after almoft all the W^orld had acknowledg'd Innocent as true Pope, and 
 even after Anaclcfs Death, he obftinatcly ftood it out, and got others to be eledled 
 in his Room ; but 'tis very clear he did fo for Reafons of State, and not of Religion : 
 By this Behaviour he had a mind to humble Innocent his implacable Enemy, by 
 keeping up the oppofite Fadion, whereby Innocent might be forc'd to be friends 
 with him. But that did not take with the obftinate Pope, who muft needs put him- 
 felf at the Head of an Army, in order to crufli Roger. But it happen'd quite other- 
 wife, for the Pope was taken in the Battle and made Prifoner. This Adion made 
 Rogers Piety more confpicuous, for tho' he had it in his Power to treat him ac- 
 cording to the Laws of Viftory, yet he then pay'd him Refped, and acknowledg'd 
 him for the Vicar of Chrift, and would make Peace with him, and he was after- 
 wards the greatcft Defender that the Church of Rome had againft the Incroachments 
 both of the Emperors of the Eaft and Weft ; as the famous Robert Gtiifcard had 
 been, and the Two IFilliams his Succeflbrs were. 
 
 THIS Prince, by his fb many Wives, left no Children but William, who fuc- 
 ceeded him in the Kingdom, and Conftantia his pofthumous Daughter : He forefiw, 
 that though he left him Heir to his Dominions, he would not inherit his Virtues: To 
 his great Grief he had loft all his other Sons, and Death had fnatch'd away the beft, 
 and left the worft ; he had made IVtlliani his CoUegue, that he might learn of him 
 the Art of Government. 
 
 BY the four Concubines which at different Times he had had, he left (bme Chil- 
 dren. It was an Error in Fazzellus to write, that Tancred Prince o^Bari or TarantOj 
 
 ' Auth. Vita:. S. Barnardi. * Anton. :}. par. lib. 22. cap. 2. tit. 2. 
 
 was
 
 Book XI. /Z'? Kingdom 0/ NA PL E S. 565 
 
 was the Son of one of Roger's Concubines ' ; for, as we have faid, he was his lawful 
 Son, by .iU^iriiJ his fiift \\ ife. Neither was that TaKcred, who was fourth King of 
 .S'/a/y, Son to this King Roger, but he was his Grandchild by Roger his ejdeft Son 
 Duke of Piiglia, fo that 'tis uncertain what Children Roger left byhisfirft Concubine' 
 By the Second he had Simon, to whom by his Will he left the Principality ofTaranto • 
 but King l!'illia:ii his Brother took it from him, and gave him the County of 
 Policajiro. The Third was Mother of Clememia Countefs of Catanzaro who was 
 firfl: married to Hv.go di Molina Count o( Mol-fe, and afterwards Matteo Bouello Son- 
 in-I.aw to tlie High Admiral Mjjoiie, courted her. The Fourth was Mother o'f her' 
 whom Queen Margaret the Wife o{ N'lll/aml. married to flf;;i7 her baftard Brother' 
 who got with her the County of Monte Seagliofo. ' 
 
 \V E are not to be furpriz'd to find this religious Prince keep Concubines in his 
 Palace ; for in thefe Times Concubinage was not fo ignominious as at prefent. For- 
 merly among the Row^wj, as we have obferv'd clfewhere, it was look'd upon as a 
 lawful Conjundrion, and the Concubines were in a manner Wives, and Concubinage 
 was call'd Sei/iimatriwoiiium. And when Priefts could marry, they were allowed to 
 keep one of the Two, either a Concubine, or a W ife, as we read in the firft Council 
 of Toledo. 1 hereafter, the Latin Church not allowing Priefts to marry, though 
 the Greek Church did, there were many Councils held for prohibiting the Ufe of 
 Concubines likewife, which Cuftom requir'd the Labour of many Ages to extirpate 
 it, as we have faid on another Occafioni but Concubinage continu'd amongft Laicks 
 for many Ages ; and tho' in the Eaft, Leo by one ofhisNovellce forbad it altof^ether 
 as Conjh'.ntinus Porpbyrogenitus afterwards did, yet in the V\ eft the Longobards and 
 many other Nations continued to pradife it ; and Qijaciiis writes, that even in his 
 Time, fome People in France towards the Pyrenean Mountains retain'd it. The 
 Normans, who were exadt Oblervers of the Laws and Cuftoms of the Longobards 
 likewife kept it up ; fb that we muft not wonder at Rogers keeping Concubines while 
 he was a Widower ; for none, except the Jcnis and furks (who reckoned Polv^amy 
 lawful) were ever allow 'd to have a Wife and Concubine j or two Wives or two 
 Concubines at the fame Time. 
 
 IN After-times, Concubinage was prohibited by the Civil Law, and by many 
 Councils afterwards it was declar'd unlawful ; io that it is not now, as formerly a 
 lawful Conjundlion, but fcandalous and opprobrious j and to keep a Concubine is 
 look'd upon at prefent to be as great a Crime, as to commit Adultery, Inceft or 
 any other wicked Luft. Thus Time changes Things, and what was formerly honeft: 
 and lawful, becomes fti:lmeful and blame-worthy. 
 
 ' Inveges lib. 5. Hlft. Paler 
 
 THE
 
 C 5«J 3 
 
 THE 
 
 CIVIL HISTORY 
 
 Of the Kingdom of 
 
 NAPLES. 
 
 BOOK XII. 
 
 ? H E Reisn offfilliam I was not fo much confounded and 
 
 difturb'd by the Power of a foreign Enemy, as by the 
 inteftine Commotions of his Barons ; and it was more 
 remarkable for the Plots and Confpiracies againft his own 
 Perfbn, and the Great Men of his Court, than for Wars 
 and Battles. The Occafion of fo much Miichief was, 
 that he undervalu'd the Adlions of his moft worthy 
 Father, and fuifer'd his Court, which his Father had 
 reform'd and put on a good Footing, to go to ruin, 
 partly by banifhing, and parti)- by imprilbning thole 
 Perfbns whom Roger had moft cfteem'd. For having 
 indilcreetly raised Majoue dt Bari to the chief Honours 
 of the Kingdom, and made him his Higli Admiral, he likewife intruftcd iiim with 
 the whole Government of the Kingdom -, he was fb dear to him, that when he was 
 llirly and auftcre to others, he was open and fercne to him ; which (o mucli offended 
 the principal Barons, that they withdrew their AfFedion from him to that Degree, 
 as turn'd the Kingdom topfy-turvy, as fhall be related by-and-by. 
 
 A S foon as his Father was dead, tho' he had reign 'd in company with him little 
 lefs than four Years, he caus'd all the Prelates and Barons of the Kingdom to be 
 affembled, and made himfelf to bt folannly crown'd anew in ?.?/«■)•///'.;, on I\,if.t;,- 
 Day this fame Year 1154. And foon after this great Solemnity, the Birth of his 
 fecondSon IVillinm, by Queen Mr.jarct his Wife, Daughter of G"./>-/;.;j II. King of 
 Niivar, was celebrated with great Magnificence and Fealling; for his cldflt Son 
 
 7 G K'.gcy
 
 566 The Civil History oj Book XII. 
 
 Kcger was born while his Grandfather was alive '. There were no other Princes of 
 the Blood in the Royal Family but Kogcr and IVilliam \\. both Infants. Iheir 
 Aunt Coiijlavtia, the pofthumous Daughter of Roger, was ftill a Child. 7'aucred 
 and Ifdliai)!, the Sons oi Roger Duke o{ Piiglia, tho' but Youths, for Reafbns of 
 State, were .kept Prifoners in the Royal Palace in Palermo : Thus IVtlUam was left 
 alone at the Age of 34 Years, without the Afliftance or Advice of Kinfmen, to govern 
 the Kingdoms of Piiglta and Sicily, and the other Provinces and Cities o( Greece and 
 .■!fricii. 
 
 THEREFORE the High Admiral Majone, w ho was endued with Talents 
 fit to raile a private Man to be a Prince, had free fcope for impofing on the King, 
 and governing his Dominions without Controul. He was of a ready and piercing 
 Wit, and fitted for the hardieft and moft difficult Undertaking ; fltient in Speech, 
 exceeding generous, a mod cunning DifTembler, and greedy of Command ; for which 
 end he had his Thoughts always employ 'd in contriving how to arrive at the highcft 
 Pitch of EH^nity and Honour ; but he conccal'd all under a ferene and chearful 
 Countenance : he fpcnt whole Days with the King on the Affairs of State, and the 
 moft lecrec Tranfaftions were intrufted with him alone, and his Ad\'ice was folely 
 acceptable and rely'd upon. His Authority gain'd him Friends and Partilans, to 
 whom, at his Pleaiure, he gave the Government of Provinces, Caftlcs, and military 
 Employments ; and Jl'illiani was fo much his Bubble, that whatever he was plcas'd 
 to ask was immediately granted : In order to remove all Obftacles that pollibly could 
 ftand in his way, he pretended to be in Love with the Queen, and fully'd her 
 Virtue, by gaining to his Intereft all the Saracen Eunuchs, Keepers of the Royal 
 Palace. In fhort, he was the Director of the Kingdom ; he Was fb forward to raile 
 his own Family, that headvanc'd one of his Brothers, and one of his Sons, both of 
 them nam'd Stephen, to the chief Military Employments, and made the Son of one 
 of his Sifters, call'd Stmcn, High Steward of the Kingdom, and married one of his 
 Daughters to Matteo Bonello, one of the principal Barons of the Kingdom ; and he 
 caus'd to be regiftrcd by the Monks oi Monte Caffino, in a Book wherein the Deaths of 
 Popes, Emperors, Kings, Sovereign Dukes, and fuch likePerfonages were recorded, the 
 Davs on which Leo and Curazzo, his own Father and Mother, formerly very mean 
 Perfons, died, in the{e Words ; Curazza Mater Madii inagni M7nirati Admiratoriini 
 ohjU VII. Kal. Aug. i3 Leo Pater Admirati Admiratoriim objit VI. id. Septeiubris *. 
 And Cardinal Lahorante, who in thefe Days was reckon'd the moft knowing and 
 learned Man that flourifh'd in Rome, having composed a Book, De Jiifti, & 'Ji{fiitix 
 rationibiis, which is to be feen at this Time divided into four Parts, he dedicated i: 
 to this Majone, as to the moft renown'd and remarkable Pcrfonage in Europe at 
 this Time. 
 
 H E being arriv'd to this Pitch of Grandeur, bethought himfelf how he might at 
 laft accomplifh his Defign of ufurping the Kingdom ; and finding that he had nothing 
 elfe to do but to difpatch out of the Way all thole who were able to obftrudt it, he 
 employ 'd all his Thoughts how to ruin them. 
 
 THOSE that he thought were moft likely to baulk him, were Simon Count ofPoli- 
 cafiro, the baftard Son, as we have faid, of King Roger, Roberto da Bajjavilla. 
 Count of Loritelh, IVilliam's Coufin-German, and Eberard Count of Sqiiillace, who 
 were all Men of confummate Virtue, who could neither be brib'd nor cozen'd ; and 
 he was convinc'd, that while they were alive, all his Labour would be in vain. He 
 began then to contrive their Ruin ; and being fenfible that Hugo Archbifhop of 
 Palermo was a fit Perfbn to communicate his Defign to, and be his Accomplice, by 
 whofe Afliftance he (hould the more eafily be able to bring his Projed: to bear ; for 
 the Archbifhop was a fubtle and bold Man, both fit for any great Undertaking, and 
 greedy of Command ; therefore the Admiral began to Ibund him by Degrees, by 
 infinuating, that if once the King were difpatch'd, as being a Man both unfit for 
 Government, and wicked, they might then eafily take the young Sons into their 
 Charge, by which Means they would bcMaftersof all,till theChildrenfhould beef Age. 
 He would not difcover his Refolutlon of ufurping the Kingdom, for fear that tho 
 Heinoufnefs of the Crime might furprize him, hoping, that if he were once Tutor 
 to the King's Children, nothing could ftop him from putting his Dcfigns in Execu- 
 tion. Therefore he enter'd into a ftrid Friendfhip with the Archbifliop, and they 
 
 ' Invests lib. ; hill- Paler. ^ Libro Mortuale dl Monte CalTno. 
 
 mutually
 
 Book XII. the Kingdom 0/ N A P L E S. 5^7^ 
 
 mutually fwore to aflifl: one another, happen what would ; and the Admiral order'd 
 Matters lb, that the Arclibiftiop became one of th« King's Confidents and Creatures^ 
 in order to approve or difapprovc of the King's Adions, how wicked foever, as he 
 thought fit. 
 
 THESE were the Foundations which Majov.e laid for fupporting tiic lofty 
 Fabrick of his Ambitidn : In the mean Time new Opportunities offer'd, which the 
 Admiral feafonabiy laid hold of in order to ruin his Rivals, and thofe who were able 
 to obftrud his Defign. Pope Aiuftafius, as we have faid, had died in Rowf, and 
 Airiau IV. an Enrlijhman., had been cleded in his Stead. This Pope was offended 
 at lyillianii having caus'd himfelf to be crown'd in Palermo without asking his Con-- 
 fent, which the Popes pretend to be necefTary to the Coronation of their Feudatory 
 Princes, and the King having heard of Adrian's Eledion, fent AmbaHidors to con- 
 firm the Peace which he had m.ade with his PredecefTor, but the Pope difmifs'd them 
 without concluding any Thing. H'lHiam went afterwards from Palermo to MeJ/hta, 
 and from thence to Salerno, and while he was there, Adrian fent Cardinal Henry 
 with Letters to him, who not only would not receive them, but order'd the Cardinal 
 immediately to depart his Kingdom • the King was likewife offended becaufe the 
 Pope in his Letters did not give him the Title of King, but only Lord of .Sicily^ 
 pretending that he could not give him that Title, becaufe he had been crown'd - 
 without his PermifTion and Authority '. But IVilliarn, who took it as an Affront to 
 be ol-lig'd to ask of the Pope what was in his own Power, after having celebrated the 
 Feafl: of Eafter in Salerno this Year 1155, and created Afclettino Archdeacon of 
 Catania High Chancellor, and Governor ofPiiglia, in a bitter Paflion order'd him 
 to aflemble a ftrong Army to befiege Bene-vento, lay wafte all its Territories, and 
 take it in fpite of the Pope. On the other hand Adrian excommunicated the King, 
 who, befides having commanded the Chancellor to befiege Benevento, likewife 
 order'd that none of the Bifhops of his Kingdom fhould acknowledge the Pope, nor 
 be confecrated by him. Then, he left Salerno^ and accompanied, with Majone, return'd 
 to Palermo. 
 
 MEAN while the Chancellor, after having laid wafte the Territory of Bene - 
 vento to the very Walls of the City, endeavour'd to furprize it, but it being bravely 
 defended by the Bene-ventans, who put their Archbilhop to Death, becaule he had 
 been difcover'd to be a fecret Friend and Partilan of IVilliam's, the Chancellor was 
 forc'd to lay clofe Siege to it : During the Siege, Ibme Barons not iatisfied with the 
 prefent Government, and befides fpurr'd on by the Pope, deferted the Army, and 
 threw themfelves into Benevento, and others, without Leave, left the Camp ; for 
 which Caufe, the Army being divided, the Siege was rais'd -. Robert Count of 
 Bajfavilla, full of Rage return'd to Puglia, for he having been to wait upon the 
 King while he was in Salerno, by the Means of Ma j one was (6 coldly receiv'd, that 
 the King did not fo much as fpeak to him. The Chancellor with that part of the 
 Army that had ftuck by him, and fome new levied Soldiers, march'd into Campagna 
 di Roma, where he took and burnt Cepparano, Bacucco, Frnfinone, Arce, and other 
 neighbouring Places ; and afterwards in his marching back to the Kingdom, he 
 caus'd the Walls of Aquino, Pontecorvo, and other Caftles belonging to the 
 IVIonks of Monte CaJJino ^ to be demolifh'd, and befides, he turn'd out all the Monks 
 of that Monaftery, becaufe they were Partilans of the Pope, excepting twelve, 
 which he left to take care of the Church, and return'd to Capua, where he remain'd 
 in Company with Count Simon, in order to be at hand for the Defence of the King- 
 dom, and to prevent any Commotion of the Barons, who were cruelly vex'd at the 
 Admiral's Power, which was fo great, that it was a hard matter to diftinguifh 
 whether he or IVilliam was King of Sicily ; but more efpecially to prevent a new 
 Storm that was threatning ; for it was rumour'd abaoad, that . the Emperor 
 Frederick Barbarojfa^ with a great Army, was on his march from Germany to Italy 
 
 ' Romuald. Arc. di Salcr. F.o quod in Uteris | " Hugo Falcand. Capccelarr. lib. i. 
 Apoftollcis, quas Rcgi portabar, Papa eum 11011 1 ' Anon. Cafiln. in Chr. fol. 141. 
 Reijcm, fed Wilicl. Dom. Sicilix nominabat, ' 
 
 SECT.
 
 568 'TIjc Civil History bj Book XIL 
 
 SECT. I. 
 
 The Emjeror Frederick I. enters into a League with Emanuel Comnenus 
 Emperor of the Eafi^ atid-with the Pope mahes PP'ar again ft KJtig William. 
 
 FREDERIC Ky as his Prcdeceflbrs had been, was an implacable Enemy to the 
 Nonmiis, and as Lotbaire, Henry^ and Conrade had oppos'd Roger, fo he bent 
 all his Thoughts on driving iVilliam out o( PiigUa and Sicily, looking upon him as 
 an Ufurper of the Provinces of the Empire. No Emperor had ever conceiv'd fuch 
 high Thoughts of the Empire reftor'd by Charles the Great in the Weft, as he did ; 
 for he look'd upon himfelf to be another Odai-iamis Augujlus, and that all the 
 Provinces which were formerly under that vaft Empire, whether in ylfia, Africa, 
 or in any other more remote Part of the World, belong'd to his Empire, and 
 that therefore he had fufficient Right to expel the Invaders ; for Saladm had no 
 Iboner made himfelf Mafter of many Places of Syria, than he immediately declar'd 
 War againft him, and by a thundering Letter threatened him, if he did not reftore 
 thofe Places, which Letter is recorded in the Annals o( England by Roger, and 
 Matbeiv Paris, in which among other Brags and Rodoniantados, he tells him, that: 
 he could not but know, that both the Aithiopias, Mauritania, Perjia, Syria, Parthia^ 
 where Marcus Crajftis died, Jtidea, Samaria, Arabia, Cbaldea, and Egypt itielf, 
 where Anthony fell in Love with Cleopatra, Armenia, and a multitude of other 
 Places were fubjedt to his Empire. But Sakidin anfuer'd him with no left Haughti- 
 nefs and Pride, as may be feen in his Anfwer recorded by the fame Writers. 'Tis 
 likewife known, that no Emperor before him, was feiz'd with the \\ him of creating 
 fo many honorary Kings as he did j for he fcnt the Sword and Ro\ al Crown to 
 Peter l^\y\^ of Denmark, the Dukes of Aiijiria and Bohemia, to whom he gave the 
 Title of Kings, as we have related in the preceding Book. 
 
 AND this Vanity of believing himfelf to be Lord of all the World, and of par- 
 ticular Cities and Places, was of fo pernicious Conlcquence to him, that when, 
 according to thefe Notions (fomented by the fawning Martin the Civilian) he was 
 impofing fevere and rigorous Laws upon the Nobility and C'\ucs of Italy, all Lom^ 
 bardy revolted, which occafion'd the Ruin of Milan, as we (hall lee anon. 
 
 BY the fame airy Notions he look'd upon William as an Invader and unjuft 
 Ufurper both of Pnglia and Calabria, therefore he employed all his Thoughts and 
 Power in order to drive this Enemy from his Throne; but confidcring that of him- 
 felf he could not bring it to bear, for tho' he could bring an Army into the Field 
 fufficient to conquer Puglia, yet for want of Sea Forces, it was impoflible to under- 
 take any Thing againft Sicily, therefore the preceding Year 1154, after having 
 call'd a Dyet at Ratisbon, he had fent Ambaifadors to the Emperor Emanuel Comne- 
 iiiis to follicit an Alliance with him againft IVilliam ': Emanuel was as jealous of the 
 Growth of the Normans as Frederick, for they had not only poflefs'd thcmfelves of 
 Sicily, but had likewiie got footing in Greece, and had extended their Conquefts to the 
 very Gates of Conftauthwple. llilliam found himfelf betwixt two powerful Enemies, 
 united and confederated together. It was truly a very unaccountable Thing to lee 
 Frederick on the one hand boaft, that llilliam's Dominions belong'd to his Empire 
 of the Weft; and on the other hand Emanuel threaten d, that he and* his Romans 
 would never defiftfrom making War in Italy, until it, and the whole Ifland of Sicily 
 w ere reftor'd to his Empire, from which they had been wrefted '. Frederick Jike- 
 wife found Means to get the Pifans, who were then powerful at Sea, to enter into 
 this League againft Hilliam ; who being alfo involv'd in a War with the Pope, and 
 iealous of the Loyalty of his Barons, was feiz'd w ith fuch a Conftcrnation and 
 Melancholy, that abhorring to lee any Perfon, he was always fhut up in his Palace, 
 where he only convers'd with Majonc and the Archbifhop, from whom he learnc 
 hnw the Affairs of his Dominions went, not as was fitting, but as beft fuitcd witli 
 their Defigns. And in the mean while, Majone perceiving that he could not cxped: 
 
 ' Sigon. dc Rfign. Ital. p. z^j. ' Jo. Cinnamus Iiift. Comnena, lib. 4. 
 
 a more
 
 Book XII. /^(? K I M G D o M 0/ N A P L E S. 5 69 
 
 a more fie Opportunity than the prefent for accomplifhing his deep Defigns; he 
 n adc the King believe that the Count ot' Lor/te.'/o had retir'd to Piiglid, on purpofc to 
 get himleliniade King, by Virtue of a certain Teftamcnt of Ko<:^eys, wherein 'tis 
 laid, that he fhould fucceed in cafe his Son IVilliain was not found fit to govern his 
 Bomimons ; and therefore he ought to order yJfclettino to invite him to Captia^ and 
 upon his Arrival to make him Frilbner, and fend him under a ftrong Guard to 
 Palervio. But the Count immediately fufpedled this Invitation, and afterwards 
 having difcover'd the Trick, he rcfus'd to obey the Chancellor, who commanded 
 hun in the King's Name, to del:\'er over his Soldiers to Count B'^eimndo, and in a 
 great Pailion told him, it was the Order of a tool, or a Traytor, and forthwith left 
 Pug/ij, and with all his Men went to Abrnzzu. M.yone not content with this, at 
 the lame Time refolv'd to ruin Count Simon likewife, by artfiiily fowing DilTention 
 betwixt the Co uk and the Chancellor, and a Mutiny happening among the Soldiers, 
 he rcpreknted the Matter at Court, not as it really was, but as he thought fit, 
 adding, that the Count was the Occafion of thole Tumults, and that there was a 
 fecret Corrcfpondence, by Letters, carried on betwixt him and Count Ro^frf, about 
 Affairs of gre:>.t Confequence ; ttiis was enough to make the King believe that the 
 Counts Slmo)i and Robert^ with many others, were in a Plot againlt him, in order to 
 dethrone him ; whereupon Ifilliani^ who was always jealous of his neareft Kinfmcn, 
 invited Count Simcn to Pakrviio^ and without giving him Time to alledge any Thing 
 in Defence ot his Innocence, hecausd him to be fhut up in Prilbn, which rais'd Indig- 
 nation in every Body againft the Admiral, by whofe Means all thefe Mifchiefs were 
 brojght about. 
 
 AT this very Time it happen'd, that the King, either on account of a violent Fit 
 ofSicknefs, or for Ibme other Reafon, fhut himlelf himfelf lb clofe up in his Palace 
 for feveral Days, that he could neither be {ten nor Ipoke to by any Pcrlon, except 
 by the Archbifhop and Mjjoue ; which made it to be rumour'd abroad in his 
 Dominions, that he had died of Poifon given him by the Admiral. This Report 
 being itJread in P.'iglLr, occafion'd terrible Commotions, infomuch that many 
 Provinces immediately revolted ; for Pope Adrian taking Ad\antage of the Oppor- 
 tunity llirr'd up the Barons of Puglia, and thole whom U'llliarii had expelfd, to rile 
 in Arms all of a fudden '. They had fuch an Averfion to tl;e King on the Score of 
 Ilajoue, that it was no hard matter to bring about a Rebellion ^ therefore Calabria, 
 Paglia, and Terra di La-voro were immediately imbroil'd in a cruel War, and full of 
 Tumults and Sedition. Count Robert having alfembled a great Army in the Neigh- 
 hoiJLxhaoA of Abruzzo, furpriz'd many of the Maritime Cities of Puglia, as fir as 
 1'aranto, and having taken Bari^ with the Conlent of the Citizens, he caus'd the 
 Caftle built by Roger a few Years before, to be demolifh'd j and befides, together 
 with the Pope, prevail'd upon the Emperor to join them, by promifing to reftore 
 P!:glia to the Empire of the Eaft. Eviauv.el fcnt a good Army commanded by 
 gallant Ofiicers, and a great Sum of Money to Brindtfi; for which end they repair'd 
 the Harbour of that City, whither £w^H/if/ refolv'd to fend more Troops. 
 
 THE Report of the King's Death occafion'd the like Commotions in Terra di 
 Lai'cro ; for Robert the exil'd Prince of Capua, who hitherto had led a private Life 
 in Sorrento, v. hich Roger had wink'd at, whence he was ajfo call'd Robert of Sor- 
 rento % wanted not to be fpurr'd on by the Pope, but came quickly to Capua, and 
 took Polfeirion of his ancient inheritance, and loon after he not only intirely fub- 
 jcd:ed all the Cities of his own Principality, but having likewilemarch'd into Piiglia, 
 he fubdu'd ail the reft, excepting Melphis and T'roja. And the King's Affairs were 
 in fuch a bad Situation in the Countrv of the Piccntiui, and Terra di La-vi,ro^ that 
 nothing remain'd under his Obedience but the Cities of Ainalphis, NapUs and 
 Salerno, and a few Forts and Caftles, for Riccardo dell' Aqwla Count of Rndi, had 
 taken Se^ja and T'/ano, and tiie Count Andrea da Rtipe Canina had ppffeli'd himielf 
 ofAlife. 
 
 I N the mean Time the Fear of greater Troubles incrcas'd ; for the Emperor Fre- 
 derick had come from Germany to Rome, where he had been rcceiv'd with great 
 Pomp, and iolemnly crown'd in St. Peter s Church by Pope Adrian ; and before his 
 Coronation the pope had made him promilc, that befides his marching into Pnq^lra 
 againft ll'illiani, which, out of Emnity,,he would have done without being defir'd, 
 
 ' Invcges, lib. 3. hlft. Paler. - Qmil. Pel. in Stem. 
 
 7 H he
 
 cyo The Civil History of Book XII. 
 
 he (hoiild likewife dcpofe the Senators of Rome, and reduce that City, as formerly, 
 under his, the Pope's, Obedience. But Frederick could neither perform the one nor 
 the other, for not only the Plague had feiz'd his Army, but he was oblig'd to 
 return to Germany, and on his march to quell the Commotions that had arilen, in 
 fome Cities of Louihardy, and now that he was crown'd, he made no account of his 
 Promifes, only he animated the Pifans to fend their Fleet againft li'illinm. 
 
 A L T H O' the Pope had been thus bubbled by Fred£rtck, ncverthelefs he was 
 no ways difhcarten'd, but was refolv'd to make the beft of this favourable Jundure j 
 for having affcmbled a great Army, the beft way he could, and put himlclf at the 
 Head of it, he enter'd the Kingdom, and immediately Count Andrea di Rtipe Caiiina, 
 and the Malecontent Barons join'd him ; he was I'ikewife join'd by Robert, now 
 Prince of Capii,''., who march'd into 7'erra di Lavoro, and from thence to Be?!e- 
 'veuto, where he was honourably receiv'd : On the other hand the Emperor Emanuel 
 refolving to be reveng'd of the Injuries he had receiv'd from Roger, upon his Son 
 li'iUiam, had fent Paleologns, Coimnattis, Sebafius, and other renown'd and brave 
 Captains, with a good Body of Troops, and a large Sum of Money into PugJia to 
 Robert's Afliftance ; and befides he had fent the Pope Word, that he would aflift 
 him to ruin IVilliani altogether, provided he would put him in Poireflion of three 
 Maritime Cities of that Province, with which Reinforcement Count Ro/'fr? carried 
 on a terrible War in PiigUa, and had already poffefs'd himfelf of a great Part of it. 
 
 SUCH was the depforable State to which thefe our Provinces were reduc'd in 
 this Year 1155. Tho' th6 King was appriz'd of all thefe Mifchicfs, yet they were 
 not fufficient to oblige him to fhake off his Indolence, which had fo glued him to 
 the Pleafures of a Court, that his being coop'd up in his Palace, had given Rife to 
 the falfe Report of his Death ; for Mdjone, difguifing his own inward Trouble with a 
 chearful Countenance, did not difcover his Fear to the King nor the Archbilhop, 
 only he thought fit to defire the King to write to thofe who had continu'd Loyal 
 to him, that the Report of his Death was falfe, and invented by his rebellious Sub- 
 jefts, againft whom he order'd them to take Arms. 
 
 BUT tho' the Commotions of thefe Provinces occalion'd by Majone, were not 
 fufficient for rouzing the King out of fo long and deep a Lethargy, yet thofe which 
 ■were rais'd in Sictly, and foon after in the very City of Palermo were ; for Count 
 Ciiiffredi, having difcover'd Majone's Confpiracy, tho' the King would not give 
 credit to it, revolted ; and the Sicilians, on account of the Admiral's Tyranny, 
 rifing up in Arms, pofTefs'd themfelves of Bntera 5 and the Citizens of Palermo 
 making a terrible Uproar for the unjuft Imprilbnment of Count Simon ; all thele and 
 other 1 hings join'd together, at laft rouz'd the King to that Degree, that, forfaking 
 the Pleafures of his Court, and expofing himfelf to the grcatell Dangers, he pacified 
 the Tumults in Palermo, by fetting Count Simon at Liberty, and recover'd Bufera ; 
 and having reftor'd that Ifland to its former Quiet, he refolv'd to go in Perfon to 
 Puglta, in order to fubdue his rebellious Subjeds, and reftore Peace in that King- 
 dom i for which end he went to embark at McJJina, where he was met by the Chan- 
 cellor, of whom Count Simon made heavy Complaints to the King, for not defend- 
 ing Terra di La-voro as he ought to have done ; the Chancellor boldly endeavouring 
 to defend himfelf, was not heard, but immediately put in Prifon, where Ibme Years 
 after he ended his Days. IVtlliam having affembled an Army the beft way he could, 
 left Mejjina, landed in Piiglia, and in the Beginning of this Year 11 56 incamp'd at 
 Brindifi ' ; from thence he fent the Eleft of Catania to make Peace with the Pope, 
 by offering him advantageous Conditions ; but by the Means of fbme Cardinals who 
 were Partifans of the Emperor Frederick he was difmifs'd without concluding any 
 thing J whereupon the King, feeing there were no Hopes of an Agreement, with- 
 out any more ado, boldly inverted Brindifi, where the Greeks, and the greateft Part 
 of his rebellious Barons were : He befieg'd it fo clolely, that Roberto da Baffavilla^ 
 who commanded the City, being terrified, Hed to Benevento, and the King ib 
 annoy'd that City with continual Attacks both by Sea and Land, that at laft he took 
 it, and made all the Greeks, with their Officers, and the rebellious Barons, with 
 their Followers, Prifoners, of which laft he caus'd a great many to be hang'd, 
 and the Eyes of others to be put out- he likewile got the rich Spoils of the 
 
 Invcges, lib. j. hift. Paler. 
 
 Greeks^
 
 Book XIL thv K I N G D o M 0/ K A P L E S, 571 
 
 Greeks, and a great Sum of Money which they had brought with them for the 
 Occalions of the War '. 
 
 THE King with his vidorious Army march'd afterwards to Bari, whofe Citizens 
 feeing that neither the Pope, nor the Count, who had been the Promoters of the 
 Rebelhon, fent them Afiiftance, rcfolv'd to furrcnder thcmfcives to the Kino's 
 Mercy ; and in order to mitigate his Wrath, they went diiarm'd to me.?t him and 
 ask his Pardon ; hux. Willi am obferving the Ruins of the Caftic, which his Father 
 Roger had built there, and which the Barefians had demoiifh'd, anfwer'd them 
 I jf'jll not fpcirc your Honfes, beccrufs you have had no Regard for mine ^ : He theri 
 ordered, that within two Days they fliould all depart with Bag and Baggage j which 
 being put in Execution, he likewile caus'd the Walls of the City to be demolifli'd to 
 the very Foundation, and the Houfes to be pull'd down and levell'd with the 
 Ground. Thus was Ban dcftroy'd, which for its Richnefs, the Nobility of its 
 Citizens, Populoulncfs, the Beauty of its Palaces, and the Strength of its Wails 
 of all the other Cities of Paglia was the firft, and once the Scat of the greatefl: 
 Perfbnagcs of Greece. This may convince us of the Error of thoie, who will have 
 Bari, in the Time of Queen Conflautia, and Manfred, to be reckon'd a Royal Seat 
 where thefe Princes were crown'd ; for Bari, after this Misfortune, was reduc'd to 
 (bme Villages, and it was long after that it recovered the Face of a City. Thus we 
 fee the Viciflitude of worldly Things, and how thefe Changes ferv'd to raife Naples 
 above all the other Cities of this Kingdom ; for tho' Salerno was at this Time in 
 being, yet not many Years after we fhall find this City likewise ruin'd and dellroy'd, 
 by the Hatred which Henry the Husband of Conftautiahoxc it. 
 
 THE King afterwards took I'aranto, and all the other Places of that Province 
 which Coi^nt Rc/'^rt and the Cref^^ had taken Polfeflion of; and from thence he 
 march'd to Bcnevento, whither Pope Adrian with his Cardinals, and a great Number 
 of Barons had fied, to which Place he laid dole Siege, and fo harafs'd that City 
 that the Pope, without the leaft Regard for the Barons of the Kingdom whom he 
 had involv'd into thefe Difficulties and Dangers, feeing the Peril he himfelf was in 
 for not having accepted the ad\antagious Conditions of Peace which JFilliam had 
 offer'd him, fent three Cardinals his Legates, to beg Peace of him. Thefe were 
 Vbaldo Cardinal of San^la Praxide ; Giul/o Cardinal of St. Marcello ; Ro/ando Chan- 
 cellor of the Holy Church, and Cardinal of St. Mark ^ ; and as Gregory II. wrote 
 three Letters to Pcpiu in the Name of St. Peter, (b they in the Name of the Prince 
 of the Apoftlcs, begg'd of iniliam to forbear difturbing the Pope any more, and 
 to prefervc intirethe Rights of God's Church. 
 
 ' <^apcce1arr. Hift. lib. 2. 1 ^ Gullel. Tirio apud Baron. 
 
 * Anon. CalT. anno 1 1 j6. ' 
 
 S E c T. ir. 
 
 j^rikles of Peace fettled with Pope Adrian, and Invefl'itiire given by him to 
 K'njg William • ivhcreiipon a Peace -with the Emperor Emanuel follow' d. 
 
 np" H E Legates were courteoufly receiv'd by the King, who willingly heard the 
 X Propofals of Peace which they laid before him, and he on his Part appointed 
 Five Plenipotentiaries for fettling the Articles. Thefe were the High Admiral 
 Majoue, Hugo Archbifliop of Palermo, Romualdus Archbilhop of Salerno, U'llliam 
 Bifhop of CaJano, and Marinus Abbot of Monte Cajfmo ; who meeting with the 
 '1 h.ree Cardinals, agreed on the Articles of Peace, as they are recorded by Baronius, 
 and as we fhall relate them by and by ; in which Peace the Barons were not only 
 not comprehended, but all of them excluded, and it was only made betwixt the 
 Pooc and the King. 
 
 T H li N William coming to the Church of St. Mark, which is without the 
 "Walls of Bciieveiito, on his Knees at the Pope's Feet, receiv'd Abfolution from the 
 
 by-paft 
 ft
 
 <y2 ^^^^ Civil History of 6ook XIL 
 
 by-paft Cenfures, and on his Part in Prefence of many Cardinals, Barons, and a 
 multitude of other Spedators, did Homage to the Pone for the Kingdom, and 
 fwore Fealty ; Otbo Frnncipane read the Words of the Oath, and the Pope putting 
 the Crown upon his Head, gave him Inveftiture, firfl: by delivering to him one 
 Standard for the Kingdom of Sicih\ then another for the Dukedom of Puglia, 
 and a Third for the Principality of Capua. 
 
 THE Inveftiture, which Pope JdnM at this Time gave to IJ'ilHam, was the 
 moft ample, and by far the moft advantagious of all that ever had been by other 
 Popes given to the Nonnan Princes j for he not only itivcfted him with the King- 
 dom of Sicily, the Dukedom of Puglid, and Principality of Capua, with all their 
 Dependencies, as other Popes had done; but Adrian did what Gregory VII. and his 
 SucceflTors on no account would ever yield to, which was to invert IViUiam likewile 
 with Salerno, Amalphis and Naples, with thc:r Appurtenances, with Marca, and all 
 the other Lands which he poffefs'd. Thib Inveftiture was not only given to Ifilliain, 
 but alio to his Son Kogcr, whom his Father the preceding Year ii 55, when he was 
 but four Years of Age, had created Duke of Puglia and Calabria, and to all his 
 Heirs, whom he by a voluntary Deftination (hall appoint to fucceed him in the 
 Kingdom i thefe are the Words of the Writ of Inveftiture, likewife recorded by 
 Baronius ; Profeflo tws nobis, £5' Kogerio Diici filio nofiro, & bxndibus noftris, qui in 
 KcgnuM pro voluntaria ordinatione nojlra fnccifjlrint, conctdetis Kegnv.m Sicilix, Du- 
 catum Apulice, Principatum Captix,cuin ounitbus pcrtineiitiis fuis ; Keapolim, Salerniim, 
 i3 Malpbiam cum pertinentiis fnis ; Marcbiani, ^ alia qux ultra Marficam dcbamts 
 habere, & reliqua tenementa, qua tenenius a prxdecsjforibus nojiris bominibus SacrO' 
 fan£fx Ecclefix jure detenta, S contra oiimes bomines adjwvabitis bonorijice manutenere. 
 The King for his Part, promis'd to pay the Pope for Puglia and Calabria, Six 
 hundred Scbifati, and for la Marca Fi\e hundred, as Quit-rent. 
 
 O N this Occafion there were many Articles agreed upon concerning Appeals, 
 Bledions, and other Things touching' the Ecclefiaftical Polity and Government of 
 the Kingdom of Puglia. As for Appeals, it was ftipulated, that if any Clergy-man 
 in Puz,lia, Calabria, and the Lands of the Neighbourhood, ftiall have occafion of 
 Complaint concerning Ecclefiaftical Affairs, againft another Clergyman, and which 
 cannot be redrefs'd by the Chapter, Bifhop, Archbiftiop, or other Ecclefiaftical 
 Perlbn of that Province, it fhall be lawful, if he ftiall think fit, to appeal to the 
 Church of Rome. That if the Necefiity or Advantage of the Church fhall require 
 it, Tranflations from one Church to another may be made. That the Church of 
 Rome may freely perform Vifitations and Conlecrations in the Cities of Puglia and 
 Calabria, and the adjacent Places, excepting however the Cities in which the King 
 or his Heirs may happen to be at the Time, to whicii their Conlent muft be had. 
 That the Church of Rome may freely fend Legates into Puglia and Calabria, and 
 the neighbouring Places, who are to beha\e themiclves moderately, without invading 
 or wafting the PoffefTions of the Church. 
 
 THAT in Ac/7)' likewife, the Church of Rome may make Vifitations and Con- 
 fecrations; and that if the King or his Succeffors, fhall call Ecclefiaftical Perfonsfrom 
 Sicily, either to be crown'd by thtm, or for other Affairs, they arc to aniwer the 
 Call, and he may oblige thofe he fhall think fie to ftay with him. As for other 
 Matters, the Church of^ Rome fhall have the lame Privileges in Sicily that flie has 
 in the other Parts of the King's Dominions, excepting as to Appeals, and the 
 Privilege of fending Legates, which Ihall not be fcnt without the Dtfire of the King 
 or his Heirs. The Roman Church fhall retain in the Churches and Monafteries of 
 the King's Dominions, all that fhe retains in other Churches, fi:ch as the wonted 
 Confecrations and Benedidfions, and thtv fhall p.a)- to her the ufual and eftablifli'd 
 Taxes. 
 
 CONCERNING Eledlions, it was fettled, that the Clergy being conven'd, 
 are to eleft a Perfon whom they fhall judge worthy, and to conceal him, until they 
 divulge him to the King, who fhall approve of him, unlefs he find him to be in a 
 Confederacy with Traitors and Enemies to the King and his Heirs, or lor any other 
 Caufe, whereby he thinks him unworthy of his Afllnt. Such were the Articles of 
 this Peace fign'd at Bencvento in the Momh of June 1156, and as they concern the 
 Ecclefiaftical State, we fhall have occafion to mention thtm in another Place. 
 
 THE Barons of Puglia, contrary to all their Expectations, iecing themf'elves thus 
 dcfcrtcd by the Pope, and left a Prey to the King's Wrath, were lb terrified, that 
 
 they
 
 Book XII. /^^ Kingdom 0/ N A P L E S. 57^ 
 
 they immediately made their Efcape. Count Roberto da BaJfavUla, dnd Count 
 .-Andrea da Rape Ccniua^ with fome others, fled to Lcn/lurrdy^ and flieltcr'd thcm- 
 fclves under the Emperor FrcdericlCs Protedion, who imploy'd them in the War 
 which at that Time he had with the People ot the Milanefe ; but Robert Prince of 
 Cj/>//.? with his Followers, likewiic endeavouring to make his Elcapc out of the Kincr- 
 dom, in pafling through the Territories of Riccardo delf yiquila Count of Fondi h\s 
 bwn Vaffal, where he thought himfclf fafe, was taken with all his Men ns he crois'd 
 the Garigliauo^ and deliver'd up to the King " ; by which Piece of Treachcrv Count 
 Kiccardo was rcftor'd to ll'illiards Favour ; but he did not elcape the Infamy of his 
 Treachery. The Prince with one of his Sons, and a Daughter, at the Admiral's 
 Defire, were lent Prifoners to Palermo, where the Prince had his Eyes put out, and 
 loon after died in Prifon. Such was the End of Robert Son of Giordano II. Prince of 
 C7/'/w, dcfcended of the mod: noble Blood of the Normans, afKT he had fo often lofl and 
 recovered his Principality, which was altogether extinguifh'd in him, and united to the 
 Kingdom of Png.ha, as it continues to this Day : Another Son of his nam'd Giordano 
 after this Misfortune of the Father, fled to Conftantmople, and put himfclf under 
 the Protedlion of the Emperor Emanuel, wlio afterwards fent him Ambaflador to 
 Alexander III. in the Year 1166, as fhall fhortly be related \ 
 
 AF T E R all thefe Matters were over, the Pope went to Compagua di Roma, and 
 the King having defeated the Greeks, banifh'd Ibme of his Enemies, iraprilbn'd 
 others, and put the reft to death, or reftor'd them to Favour, gave the Government 
 of Piiglia to Simon the High Steward, Brother-in-Law to Majone, and havino- thus 
 quieted the Tumults of the Kingdom, hereturn'd to Palermo. 
 
 WILLIAM was no lefs fuccefsful in the War which fhortly after he made with 
 the Emperor Emanuel; for he equipt a great Fleet, and gave the Command of it to 
 Stephen, Majone's Brother, who fought that of the Greeks on the Coaft of Pelopon- 
 nefus, and obtain'd a compleat Vid:ory over them. Emanuel was fb much ftruck 
 with this Viftory, that he was defirous of Peace with IVilliam, and having fertt 
 Ambafliadors to him for that end, it was at laft concluded, and all the Greeks that 
 were in Sicily were fet at liberty, and though hitherto neither Emanuel, nor any of 
 his Predeceffors by any means could be brought to give IFilliant the Title of King, 
 neverthelefs from this Time forward he acknowledg'd him as fuch ^ ; and this Peace 
 ^vas made fo firm and folid, that 'tis certain from this Time fonh there were never 
 any Wars heard of betwixt the Normans and the Emperors of the Eaft. 
 
 THUS ll'illiam having reftor'd Tranquillity in his Kingdom, and made Peace 
 with the Pope, and the Emperor of the Eaft, in thefe firft Years of his Reioti lie 
 acquir'd the Title of Great ; and there was good Reafon to hope, that this Peace 
 would have been durable, if it had not been difturb'd by Majone ; for the King 
 attributing all thefe profperous Events to his Conduft and Prudence ; the Admiral 
 was arriv'd at that pitdh of Greatnefs, that he feem'd rather to be King, than Ad- 
 miral of Sicily ; which gave frefh Provocation to the Malecontent Barons to hatch 
 thofe Plots and Tumults, of which we (hall give an account by and by. 
 
 ' Camil. Pel. ad Anon. CalT. ann. i if6. IJgo. 
 Falcan. 
 
 ^ Afta ejufdem Pontlficis apud Baron. Camil. 
 Pek in Stem. 
 
 ' Jo. Cinnam. de reb. geft. Jo. & Emanuel. 
 Comn. lib. 4. Paulo poit, Sc Regem cum appella- 
 vir, cum prius non effet. 
 
 7^ 
 
 CHAP.
 
 574 
 
 The Civil History of 
 
 Book XIL 
 
 CHAP. I. 
 
 The Emperor Frederick, lehig offended at the 'Tope for the Teace 
 he had made with William, return d anew into Italy. Held 
 a T)iet in Roncaglia, and rejlord the Regalia in Italy. 
 
 j N the mean time the Emperor Frederick^ being inform'd by the Counts 
 Robert and Andreiv^ and others of the King's Rebels, who after the 
 Conclufion of the Peace, had fled to Lombardy, that the Pope by 
 lecret Articles had made Peace with lFtllia?n, and excluded all others, 
 was very much offended at Adrian, and complain'd of him to all the 
 German Princes and Prelates ; whereupon the Bifliops of Germany did not ftick to 
 write a Letter to the Pope on that Subjedt, wherein among other Things they up- 
 braided him with this Peace '. 
 
 AND the Emperor himftlf in a Letter to Eberard Archbifhop of Saltzburg % 
 complain'd of this Peace j and therefore from this Year 1158, declar'd himfelf 
 as much an Enemy to the Pope, as he was to IVilUam, and being afraid left thefe 
 two joined together Ihould abolifh the Authority of his Empire in Italy, he began 
 to be more fevere upon the Cities of Lombardy ; for which end he refblv'd 
 to go to Italy as he did, but full of high-flown and extravagant Notions ; and being 
 arriv'd in Lombardy, after having defeated the People of the Milanefe, and fubjedled 
 their City of Milan, according to the Cuftom of his Predeceflbrs, he fummon'd a 
 Diet in Roncaglia for fettling the Articles of Peace, and taking the State of that 
 Province into Confideration. It was at this Time, that Frederick on his March, 
 pafling by a fine Caftle, ask'd whofe it was ? and being told who the Owner was, 
 fome of his Flatterers faid. It's your own, Sir, for the Dominion of the whole World, 
 and even of private Pofleflions, belongs to the Emperor : Some of the Emperor's 
 Retinue, who could not bear fuch impudent Flattery, objefted againft theAnfwer j 
 infomuch that it occafion'd a great Debate, which the Emperor order 'd to be decided 
 by the wife Men, and Lawyers of the Cities of Lombardy. 
 
 SOME Years before, during the Empire of Lotbaire, the Pandcds having been 
 found in ylmnlphts., and, as we have faid, Irncrius having imploy'd all his Skill in 
 explaining, and publickly teaching them, his School had bred up many, who, after 
 his Example, gave themfelves wholly to the Study of the Pandedls, and the other 
 Books of Jufiinian. Whence it came to pafs, that in the Cities of Italy, many, 
 encourag'd by the Novelty, Elegancy, and Wifdom of thefe Laws, imploy'd all 
 their Study in learning them ; fo that from Irnerius's School, as from the Trojan 
 Horfe, came forth many Civilians, and the Study of the Roman Jurifprudence was 
 moft frequent, and Scholars and Profeffors were equally numerous ^ but leeing this 
 Study began in an Age of Ignorance, when without the Help of other LatiuBooks, the 
 Roman Hiftory and Learning, thefe Laws could not be well underftood ; they who firft 
 taught them, without thefe Means, fell into many childifh Errors, not through their 
 Fault, but that of the Age ; for fome of them were Men of admirable Genius, and 
 
 ' Epift. apud Inveges lib. ;. hid. Paler. Use 
 & alia utporc dc concordia Rogerii, & Willielmi 
 Siculi, 8i aliis qux in Italia fatta; fuiit conven- 
 tionibus, quae ab ore Imperatoris audivimus, &;c. 
 
 ^ Inveges loc. cit. ncqiie cam pacem tcnere> 
 neque ca teneri vellemus ; quoniam iplc prior 
 violiifict in Siculo, ipfc line nobis rctonciliail 
 non debuillec. 
 
 tho'
 
 Pook XII. ?7je Kin GDOM o/N A P L E S. 575 
 
 tho' Learning and HiHory haye been cclips'd, yet the World v.as never quite defti- 
 tiite of Men of good Pares ; for Nature is a pundual Obicrvcr of her own Laws, 
 and has diftributcd Hndovvmcnts with an impartial Hand. 
 
 FOR thefe Realbns it being found in feme Laws of the Pandcds, that the 
 Emperor Antonmus ', call'd himlelt Lord of the Univeric, and that Ulpianus ' 
 writes, that as the People of Kciiie could give the Slaves of private Men their 
 Liberty, io it was likewife in the Power of the Emperor to do the fame; and it 
 being alfo found in the Code \ that Jufiiman faid, every thing belonged to the 
 Prince ; thefe Civilians believ'd that the fame might be faid of Frederick, fo it was 
 an eafy Matter to periuade him, that he was Lord of the whole World, and con- 
 fequently of the Right of private Perfons. In thefe Times many Civilians had 
 been brought up at Irnerius^ School ; fuch as Placenttno in Moiitepejfulo, who was 
 the firfl: that taught the Roman Juriiprudence in France. Bagarottc, and Giovanni 
 Bafiano, flourifh'd in Bologna, and Antonio Lyo in Padua ; but there were four 
 Civilians in Bologna, who diftinguilh'd themfelves above all the rell, and for their 
 Learning made themlelves fo famous, that the Emperor Frederick made them of his 
 Council, and took their Advice in his moll weighty Deliberations, and, according to 
 Kadevicits *, made them his Affeflbrs, as the antient Roman Emperors did by our 
 Civilians. 
 
 THESE were Biilgaro, a Native of Pifa, who at firft taught Law in Bologna^ 
 and by the Emperor Frederick was made Prefect of that City : Ugolino, who Jikc- 
 wife flourifh'd in Bologna, and was Author of the Tenth Collation, and Collector of 
 the Books of Fiefs, and the Conftitutions ofConrade, Lothaire and Frederick, which 
 he annex'd to the Ninth Collation of the Authentick, as fhall be told by and by. 
 Martino, likewife famous at this Time, who wrote Ibme Glofles on the Pandeds, 
 which were afterwards call'd into Queftion, and rcjedted ; and Giacomo, who was 
 2\'io oi Frederick' i Council. There were likewife at this Time other two in Milan, to 
 wit, Oherto de Or to. Great Advocate in the Court of Milan, and Gerardo Negro^ 
 or, as fome call him, Cagapifio ; thefe two compil'd the Feudal Cuftoms, which, with 
 the other Laws of the Emperors concerning Fiefs, they put in writing, as (hall be 
 told. 
 
 THE Emperor being come to Roncaglia, Bulgaro and Martino were appointed 
 to difpute this Cafe : Bulgaro condemn'd the Flatterers ; but Martino, whether out 
 of Fear or Love, fided w ith Frederick, and faid that the Emperor was not only- 
 Lord of all the World, but of every thing belonging to private Perfons ; and the 
 Emperor being of the fame Opinion, the Difpute was determin'd in Martina's 
 Favour '. Whence it came to pafs that the Civilians of later Times maintain'd 
 Martina's Opinion, and Bartolo did not ftick to fay, that whoever believ'd other- 
 wife was a Heretick. 
 
 THIS Difpute might eafily have been decided according to Seneca, by diftinguifli- 
 ing betwixt private Right and publick and fovereign Empire : This pofitive Decifioa 
 \n Frederick's Favour, was the Occafion of moft pernicious Confequences both to 
 him and all Lomhardy ; for founding on this Maxim, he impos'd very fevere Laws 
 and Conditions, both on the Nobility and Cities of Lombardy in this Diet. He 
 prohibited all Aflemblies, and City Corporations, and efpecially the Power of eleding 
 xMagi Urates, and, contrary to former Cuftom, put Officers of his own making to 
 govern the Cities : he impos'd fevere Penalties on the Cities, and thofe who fhould 
 contravene thefe Laws ; and gave them Peace on very rigorous and fevere Conditions, 
 as may be fcen in his Conftitution which he made in Roncaglia, infertcd in the fifth 
 Book of Fiefs «. 
 
 BUT he did not long enjoy the Fruits of this Peace, for he was no fboncr re- 
 turn'd to Germany, than Lombardy revolted, fb that he was forc'd to come back to 
 Italy, and befiege Milan, which, after a long Siege, and a gallant Defence, was 
 at lall taken and utterly ruin'd, and rcduc'd to a Village, and all Lombardy being 
 fubdued, underwent a terrible Slavery. 
 
 ' L. Dcprecatio, D. ad L. R- Jcjaftu. 
 * U'.p- L. Barbarius, D. tic Off. Priror. 
 ' L- Bone a Zenonc, C. do Quadricn. prx-- 
 ftiip: omnia Princlpii die. 
 •* lUdevicus L 2. de gcft. Trid. c. 5-. Cujag. 
 
 lib. I. de Feud. tit. 11. Alteferra lib. ;. cap. 14." 
 ' GlolT. in.. L. bene a Zcnone, & in prxfat. 
 
 dig. 
 "Conftit. liac sdiftali de pace tcncnda, L. f. 
 
 Fcudt 
 
 IT
 
 5^5 The Civ iL Historv of Book XIL 
 
 1 T was at this Time, that, befides his having more ftridlj- than Lotbairc, forbid 
 the Alienation of Fiefs by his Conftitution ' which we read in the Feodal Books, 
 he refolv'd to reftore the Regalia and Fifcalia, which had been long forgot, and in 
 Difufe in Italy ; for which end he oblig'd the Bifhops, Nobles and Cities of Italy 
 to fet them on Foot again, and reftore them to him \ 
 
 I T was decreed, that all contain'd in the Roman Divifion in bona Commuuia, 
 Pitblica, Univerjitatis, & Nulliiis ihoa\d belong to the Prince, and nothing remain 
 to others, but what they had an exclufive Right in. Therefore Princes claim the 
 Property of the Sea, navigable Rivers, Streets, Fields, Walls and Ditches of Cities, 
 and generally every thing that comes not under Commerce, and even that, when 
 it has no Owner. And though Frederick did not reckon up all thefe in his Conftitu- 
 tion de Regalibtis^ neverthelcls he mentions the moft remarkable and confiderable 
 Regalia^ fuch as the publick Buildings and Armories, which he cal's Armannic, 
 High-ways, navigable Rivers, and thole by which they are made Navigable, and all 
 the Profits arifing from the Navigation of them. Harbours, Toll, Money, Fines, 
 waif Goods, the Augarix and Parangarix, the Ufe of Ships and Carts, extraordinary 
 Collections, Silver Mines, Salt-pits,^ Mines out of which Pitch is dug, for accord- 
 ing to ?/;«;' ', Pitch is Foflile, Fifhings, Game, Treafure, the making of Magiftrates, 
 for adminiftring Juftice and other Filcalia, which he does not mention in the Con- 
 ftitution, wherein he names only the Principal, which for a long Time had been iit 
 Difufe in Italy. 
 
 WHENCE it came to pafs, that what Frederick did in Italy, was imitated by 
 other Princes in their Dominions, fuch as our IVilliam, who not content with what 
 Frederick had eftablifh'd concerning Treafurer, conformable to Adrians Conftitu- 
 tion i which was, that if a Treafure was found by Accident, either in a publick or 
 religious Place, the Half ftiould belong to the Finder : He made a more fevere Law, 
 that in whatever Place, and in what Manner foever found, all Ihould belong to 
 the King ; of which Conftitution, when we come to treat of the other Laws of 
 this Prince, we ftiall take notice. 
 
 FREDERICK ha.v'mg rtdncd Lombardy \r\to fuch Slavery, and being lifted 
 up with high, whimfical Notions, was difgufted at the Pope for having made Peace 
 with IVilliam, which was like to turn to a Quarrel in good Earneft ; for the Biftiop 
 of Leudiin as he was returning from Rome to Germany, was, by the Emperor's 
 Order, made Prifoner : Adrian, who valued himfelf as much upon being Pope, as 
 Frederick did upon being Emperor, wrote fbme Letters to him by Cardinal Rolando 
 Chancellor of the Holy Church, and Bernardo Cardinal of St. Clement, in which he 
 admonifti'd him to fet the Biftiop at liberty, and among other things, he put him in 
 mind of the Favours he ow'd him, and befides that he held the Empire as Bene- 
 ficitim Ecclefixe. Romance. One may eafily imagine with what Spite and Indignation 
 Frederick receiv'd fuch a Wipe : He was in fuch Rage and Fury, that he not only 
 refufed to comply with the Pope's Demand ; but inveigh'd fb bitterly againft him, 
 that he was forc'd to fend other two Cardinals to pacify him, and to retradl what he 
 had written, by faying, that by thefe Words he did not mean, that the Empire was 
 a Fief of the Church, but that the Word Beneficiiun imply'd only pro bono, &? 
 faSlo jiinCitm ". Thefe Cardinals had much ado to pacify him ; and though ftiortly 
 after, a new Quarrel happen'd betwixt them, becaule Frederick frequently hinder 'd 
 the Pope's Minifters from gathering in the Ecclefiaftical Rcvchuss, and befides, he 
 would have a certain Gutdo to be elected Biftiop of Ravenna ; neverthelcis after 
 various Treaties, they were once more made Friends. 
 
 BUT Adrian died foon after in Alagna, in the Month o( September 1159 '. His 
 Death occafion'd new Troubles and Commotions in Rome, by a Schifm in elcding a 
 SuccefTor ; for the greateft part of the Cardinals eledlcd Cardinal Rolando Chancellor 
 of the Holy Church, who took the Name of Pope Alexander III. and at the fame 
 time Giovanni Pifano Cardinal of St. Martin^ and Guido da Siena Cardinal of 
 St. Califtus, with the Afliftance of Otho Count of Placentla, and Cour.t Gnido., 
 Frederick's Amba(T;idors, who were then in Rome, elcdcd Ocfavianns Cardinal of 
 St. Cecilia Anti-pope, and gave him the Name of Victor IV. and they had the Bold- 
 
 ' Confl Frid. dc Feud, non alien, lib. f. 
 ^ Gunrhcruf. Abbas Vcfpergenfif. Radevicus 
 , c. 41 & 4. cap. f. 
 ' Plin. hlft. lib. \6. cap. 12. 
 
 * V. Sigon. de Reijii. Iral. lib. 11. anno iiyJ. 
 5 Gul. Tic. de belio Sacr. lib. iS. Radavivj.de 
 vita Frid. Imp. 
 
 hcfs
 
 Book XU. the Kingdom 0/ N A P L E S. 
 
 5^7 
 
 nefs to befiege Alexander, with the College of Cardinals in St. Peter's Tower ; for 
 what with Money, and what with the Emperor's Favour, the Anti-pope had made 
 many Friends in Rome : Whereupon Odone Frangipane and other noble Romans^ 
 inrag'd at fuch an Indignity, reliev'd the Pope and Cardinals, and convey 'd them 
 out of Kome to a Place of Safety, and after the ufual Manner Alexander was Iblemnly 
 crown'd ; and Oifavianus remain'd in Kome, whither Alexander in the fecond Year 
 of his Pontificate returned ; but feeing he could not ftay there in Safety, becaufe of 
 the Anti-pope's Power, having left Gialio Bifliop of Pruenejie his Legate, he went to 
 Serracina, in order to take Shipping for France. 
 
 CHAP. II. 
 
 The Barons of the Kingdom of Puglia confpire againfi JMajone. 
 Matteo Bonello kills him 5 and a neqs) Cotifpiracy is hatch' d, in 
 order to dethrofte King William, and to fit Roger his Son a 
 Child 0} Inline Tears of Age^ upon the Throne. 
 
 N the mean time King William, in oppofition to the Emperor Frederick 
 his Enemy, no fooner heard of Alexanders Election, than he fent 
 his Ambafliadors to pay him Homage, and acknowledge him for the 
 true and lawful Pope ; and underftanding afterwards that the Pope 
 had a mind to go to "iterracina, in order to imbark for France, he lent 
 four Gallies well arm'd to that City, to be at the Pope's Command 
 in which he and the Cardinals imbark'd, and were advanc'd but a little way from the 
 Harbour, when a violent Storm overtook them. This Alliance and Friendfhip be- 
 twixt Iftlliam and Alexander was of fuch Advantage to the King, that it fav'd him 
 from a mifchievous Plot, which Majone was hatching againft him, for Majone, ftill 
 intent how to effeftuate his ambitious Defigns, by the means of wicked Men en- 
 deavour'd to corrupt Alexander with a great Sum of Money, that, after the Ex- 
 ample of Zachary, he might remove IVilliam from the Kingdom as ufelefs and wicked 
 hated by the People, and unfit for fuch a great Charge, and invert him with it 
 jufl: fo as Chilperic was ferv'd in France, who was dethron'd, and Pepin put in his 
 Room'. But Pope Alexafider percen'ing the Villany of Majone, and hisThirft 
 after Government, abhorr'd his Impudence : This horrid Enterprize, being 
 nois'd abroad, and divulg'd in Sicily and Puglia, haften'd his Ruin ^ for it bein'' 
 publickly faid, that the Admiral had either put the King to death in his Palace, 
 or had imprifbn'd him, or confin'd him to fbme Ifland, in order to ufurp the King- 
 dom, many Cities of Puglia furioufly inrag'd at I'uch a Report, began to 
 mutiny -. The firft was Mclphis, to which foon after fome other Cities join'd, and 
 firmly refolv'd neither to obey the Letters, nor any Orders fent by Majone, nor to 
 admit within their Bounds any Officers fent by him. Many Counts and Barons, 
 who were jealous of the Tyrant's Power, made the fame Relblutions, and ingag'd 
 therafelves to ufe their utmoft Efforts for putting the Admiral to death, and never 
 to lay down their Arms till he was either dead or banifh'd. For which end a great 
 Band of arm'd Men over-run all Puglia and ^erra di LavorOy to oblige the other 
 
 ' Hugo Falcand. Uc amoto Rcgc Sicilla:, AJ 
 miratus in ejus loco fuccederer. Baron, a 
 
 ,1 
 7 K 
 
 anno 1160. 
 
 * Hugo Falcand. 
 
 Cities
 
 578 The Civil History oj Book XII. 
 
 Cities to join them, which theyadually did. The Heads of this Aflbciation were 
 Gionata di Valumo Count of Confa, Boemondo Count of Mampello^ Ftlippo Count of 
 Saiigi-o, Kuggieri da Sanfe'vermo Count of 1'ricarico, Riccardo dell' Aquila Count of 
 Fondly Ruggteri Count of Q-nv?, and Count GilbertOy the Queen's Coufin, to whom 
 the King had lately given the County of Gravma \ Befides thefe Mario Bonello, 
 a Man of admirable Eloquence, got the City of Salerno^ wherein he refided, and had 
 many Followers, to join them, and the City oi Naples likewife did the fame. Count 
 Andrea di Rupe Caiihia, who liv'd in Campagm di Roma, hearing thefe Reports, 
 enter 'd into Campagna, took Aquino, Alife, and S. Germano, Cities fituated on the 
 Skirts of Monte CaJJino, and having march'd up the Hill, boldly attack'd the Mona- 
 fter}', but was repuls'd by thole within '■. 
 
 I N the mean Time the King being appriz'd of this Aflbciation of the Barons 
 and Cities of the Kingdom of Puglia, was grievoully offended, for he had fuch a 
 tender Love for, and Confidence in Majone, that he could never be perfuaded of his 
 Villany, and treafonable Defign to rob him both of his Life and Kingdom ; there- 
 fore by particular Meflengers and Letters he exprelsly commanded the aflbciated 
 Barons and Cities to give over their Undertaking, becaule he was convinc'd of the 
 Admiral's Fidelity, and that he aim'd at nothing but his Service ; but thefe Meflen- 
 gers and Letters were of no EfFedl, for believing them to be of the Admiral's 
 didating, they plainly declar'd to the King, that they would by no means fufFer 
 themfelvcs to be govern'd and commanded by Majone. No lefs was the Admiral 
 hated by the Sicilians, who being neareft the Danger, durft not difcover themfelves 
 as yet, tho' they lik'd the Commotion of the Barons of Puglia. 
 
 N O \V the Admiral, contrary to his Expectation, feeing the Power of the Con- 
 Ipirators daily increafing, began by all Means poflible to put a Stop to it ; he got 
 the King to write to the Cities of Amalpbis and Sorrento, which continued as yet in 
 their Allegiance to him ; he did the fame to 7'aranto, Otranto, Brindifi, and Bar- 
 letta, admonifliing them not to give ear to fuch Reports, nor to believe the Stories 
 of thefe treacherous Counts, nor to embark themfelvcs in company with his Rebels. 
 But thefe Letters were as little minded, becaufc they look'd upon them as defign 'd 
 for the Service of Majone the Tray tor, and not for the King's. Majone likewife 
 wrote to his Brother Stephen, who was Prefident of Puglia, boldly to oppofc the 
 Defigns of Count Robert, and by large Promifes to gain a Party. Befides he fent 
 the Bilhop of Mazzara Ambaflador to Melpbis in Puglia, in the Name of the King 
 to reclaim that People ; but the Bifhop aded quite contrary, for he encourag'd them 
 to pcrfift in their Undertaking againft the Tyrant, by telling them more of his 
 Villany than they knew. Upon which Calabria, following the Example of the 
 neighbouring Puglia, likewife began to rife in Arms, which ftruck greater Terror into 
 Majone ; whereupon he bethought himfelf of lending a Man of fuch Authority as 
 might be able to quell all thefe Commotions, and after mature Deliberation, he 
 judg'd Mattco Bonello to be fitteft for fuch a Bufmefs. Bonello was a Man of noble 
 Blood, and extremely rich ; but what he moft excell'd in, was the Beauty of his 
 Countenance, his Strength of Body, and great Courage ; therefore he was not only 
 famous and remarkable in Sicily, but likewife in Calabria, where he had moft noble 
 Kindred i and, on account ofhislb great Endowments, was much belov'd by the 
 Admiral, who defign'd him for a Husband for one of his Daughters, yet an Infant '. 
 But his inconftant, ralh, and changeable Temper, and his Sclf-conceitednels, 
 cclips'd all thefe noble Tiilcnts ; and tho' Bonello was fo much belov'd by the 
 Admiral, yet he hated the Admiral mortally, becaufc, that he might get him to marry 
 his Daughter, he had put a Stop to his Marriage which he intended (dilUaining the 
 mean Birth of the Admiral) with Cleincntia Countels of Catanzara, baftard Daugh- 
 ter, as is faid, of King Ro^fr, and Widow of Ugone di Molino Count of Molt fe, 
 whom Bonello lov'd exceedingly, on account of her Beauty, and Ihe was no lefs 
 enamour'd with him ; fo that Majone (landing in the way of their mutual Affedion, 
 was mortally hated by them both. 
 
 I N the mean Time Bonello having rcceiv'd the necelfary Orders for his Departure, 
 and taken Leave of the King, pafs'd the Straits of Mefflna, and went to Calabria, 
 where on a fet Day, in a Meeting of the Barons of the Province, he endeavour'd 
 
 ' Capecelatr. lib. 2, ' liiejxt. 
 
 * llujjo Falcand, I 
 
 by 
 
 t
 
 Book Xir. the Kingdom 0/ N A P L E S. 57^ 
 
 by many Arguments (diflembling the Sentiments of his Heart) to perfuade them 
 that the Admiral was innocent of all the Crimes laid to his Charge. But Rug-?erio 
 di Martorriuo of the Family o( Sanfe'verim^ a Man of great Knowledge, and much 
 efteem'd, rofe up, and in the Name of all the reft anfwer'd him with fo much Force 
 and Energy, that he not only brought him over to their Party, but likewife imbol- 
 dcn'd him, by telling him that he was the fitteft Pcrfon to recover all their Liberties, 
 by putting the Tyrant to Death, the Rcfult of which would be, that they would all 
 concur to get his Marriage with the Counted oi Catanzaro accomplifh'd ; whereupon 
 he enter'd into their Meafures, and firmly promis'd, that in a fhort Time he would 
 difpatch the Admiral out of the Way. 
 
 BU T a very weighty Incident haften'd Majones Ruin; for he having prepar'd 
 every Thing in order to murder the King, and the Day appointed for fuch a fatal 
 Tragedy drawing near, he relblv'd firft to confult the Archbilhop about proper 
 Methods to prevent an Infurredtion of the People when the Fad fliould come to be 
 divulg'd, and likewife how they were to govern the Kingdom afterwards ' ; where- 
 upon great Dilputes arofe betwixt them, for the Admiral pretended that the 
 Guardianfliip of the King's young Children, and the keeping of the Treafures, and 
 all the Royal Palace ought to be intruded to him ; on the contrary, the Arch- 
 biihop claim'd all thefe to himfelf, bechufe, faid he, by that Means the People 
 would not mutiny, as they certainly would do, if they fliould fee the Admiral take 
 the Charge of the Royal Family, for they would be apt to fufpcdl that the Children 
 would be murder 'd, leeing every Body was perfiiaded that he afpir'd to the King- 
 dom ; which could not be fulpedted in Prelates, or other Ecclefiaftical Perfbns, who 
 aim not at any fuch Thing, therefore of Neceffity the Children and Treafure muft 
 be put into their Hands ; but the Admiral flatly opposed it, as a Thing quite con- 
 trary to his Intentions, and faid, that he did not defcrve fuch Treatment at his 
 Hands, leeing he had rais'd him to fuch Grandeur : In fine, afterlbme bitter Words, 
 they parted declar'd Enemies. Whereupon the Archbifliop was fbon after in DiC- 
 grace at Court, for the Admiral pcrfuaded the credulous and covetous King to force 
 the Archbifiiop to pay him 700 Ounces of Gold, which he ow'd him; the Arch- 
 bifhop perceiving that all thefe bad Offices proceeded from Majone, began to hate 
 him in earneft, and of dear Friends they became bitter Enemies, and fought to do 
 one another all the Mifchief in their Power. The Admiral refolv'd to poilbn the 
 Archbifliop, who, aware of his Defign, was on his Guard, and at the fame Time 
 exhorted the Great Men, Soldiers, and common People to rife and put Majone to 
 Death. In the mean Time Matteo Boiiello return'd to Palermo, and having made 
 the Admiral, who was now begun to be jealous of him, eafy, by giving him to 
 underftand that he had loon quieted the Commotions of Calabria, he went privately 
 to wait upon the Archbifliop, who was lying fick a Bed, and gave him an Account of 
 •what had pafs'd till that Time , the Archbifliop advis'd him to put his Defign imme- 
 diately in Execution, becaufe Matters of fuch Importance being delay 'd, were in 
 Danger of being difcover'd ; whereupon ^o/Vf//^), fully relblv'd, wanted nothing but 
 a fit Opportunity to ftrike the Blow; and Fortune confpiring to haften the Admiral's 
 Death, it was not long before a convenient Occafion offer'd. 
 
 mAJ O NJ£ had caus'd Poilbn to be given to the Archbifliop by one of his 
 Domefticks, whom he had corrupted with Gifts and great Promifes, which had 
 occafion'd his prefent Sicknefs ; but becaufe the Poifbn had been weak, he was 
 afraid that by proper Remedies he might recover his Health ; and impatient that he 
 fliould be fo long a dying, he caus'd another much ftronger Potion, and of a 
 quicker Operation to be prepar'd, of which he took a Vial, and went to vifit the 
 Archbifliop, and having plac'd himfelf near the Bed, began to ask him how he did j 
 and then told him, that if he would follow the Advice of his Friends, hefhould fbon 
 recover his Health, for he had a Medicine, which out of Love to htm he had caus'd 
 to be compos'd in his own Sight, and had brought it along with him ; but the Arch- 
 bifhop perceiving the Trick, told him, that his Difeafe had brought him fo low, and 
 his Stomach was fo weak, that he not only abhorr'd all Potions, but with Difficulty 
 could take any Food ; yet notwithftaiiding this Anfwer, the Admiral, feeming not 
 to underftand that the Archbifhop had difcover'd the Treachery, impudently prels'd 
 him to take the Potion ; but he reply 'd, that he would refer the taking of it to another 
 
 ' Hugo Falcand. 
 
 Dayi
 
 580 The Civil History of Book ill. 
 
 Day ; then they began to talk together with much Confidence and Affeftion, and 
 fought to betray and deftroy one another with brazen-fac'd Diflimulation, and as 
 Fortune would have it, they both obtain'd their Ends ; for Majone by the Arch- 
 bifhop's means was murder 'd that fame Night, as we fhall prefently relate, and the 
 Archbifhop died foon after of the Poilbn formerly given him by the Admiral's means, 
 tho' he had the Satisfiftion to fee his Enemy die before him. While the Archbifhop 
 was dilcourfmg with the Admiral, he fent the Biiliop of Mejfinn, who was fitting 
 by him, to tell Matteo Bonello^ that this Night would be a fit Time for putting his 
 Defign in Execution ; whereupon Boiiello, already refblv'd upon the Crime, 
 affembled Ibme arm'dMen, and having encourag'd them, he polled them in different 
 Places, that Majone might not efcape any where, and he himfelf, with a good 
 Number of them, lay in wait for him at the Gate of St. Agatha, thro' whith he 
 would probably pafs in returning to the Royal Palace ; and having acquainted the 
 Archbifhop that all was in Order, and Night come on, he expefted the Admiral, 
 who at lafl took Leave of the Archbifhop, and departed. But immediately fome of 
 his Attendants perceiving the Snare that Bouello had laid for him, turn'd back and 
 acquainted ^(T/'o;/? with it, who terrified with the imminent Danger he was in, order'd 
 them to tell Bonello to come and fpeak wjjdi him ; but Bonello, finding that he was 
 already dilcover'd, had no mind to dally, drew his Sword, attack'd him briskly, and 
 faid, / am come here to kill thee, and by thy Death to put an end to thylVickednej's, and 
 to difpatcb out of the IVorld an Adulterer and Defiler of the Kings Bed 5 the Admiral 
 put by the firft Thruft that Bonello made, but was run through and difpatch'd with 
 the Second ', his numerous Attendants leaving him without offering the leaft 
 Refiftance. Thus ended the ambitious Defigns oi Majone da Bari, High Admiral 
 ofStcily, who, being ofa very mean Extradt, was by Fortune rais'd to great Honour ; 
 and, if I may be allow'd to compare fmall Things with great, he very much refembled 
 Sejaniis. Both of them being born of mean Parentage, by means of their Patrons 
 liv'd long in great Splendor; both of them capable of the greateft Villainy, were 
 Enemies to the Royal Family, and the Nobility of their Mafler's Dominions; both 
 of them Adulterers and Defilers of the Royal Bed, with the Confent of their 
 Mafters Wives ; the one got the Son of his Emperor to be murder'd, and the other 
 (tho' he could not bring it about) defign'd to murder his King ; both of them en- 
 deavour'd to ufurp their Maflers Dominions, which themfelves govern'd, and both 
 of them came to an unlucky End, tho' the manner of their Deaths was different ; 
 for 'tiberius, by his own Penetration having found out the Trealbn, caus'd Sejanus 
 to be put to Death by the Hands of the common Hangman ; and Majone through 
 the Stupidity of IVilliam, who minded nothing, was kill'd by Confpirators, who 
 could no longer bear his Villany. 
 
 I N the mean Time Bonello, not knowing what the King would do, nor thinking 
 himfelf fafe in Palermo, retir'd to Cacabo his own Caftle, and there fortified himfelf 
 and Followers ; the People of Palermo hearing of the Admiral's Death, difcover'd 
 the extreme Hatred they bore him, and began to tear his dead Carcafs to pieces, 
 Ibme {tabbing it, others, with a thoufand ignominious Reproaches, deriding it. It 
 being now late in the Night, King IVilliam was furpriz'd at the unufual Noife he 
 heard, but Odone his Mafter of the Horfc having told him all that had pafs'd, he 
 was grievoufly offended, and faid, that if the Admiral had fail'd in his Duty to him, 
 it was his Bufinefs, and no Body's elfe, to punifh him ; and the Qiieen, out of the 
 Love fhe bore the Adulterer, being more offended than the King, was terribly 
 inrag'd againfl Bonello and the other Confpirators. But the King, afraid of greater 
 Difturbance among the Palermitans on this Occafion, and left they fhould infult the 
 Relations of the Deceas'd, and plunder their Houfes, and thofe of the Admiral, 
 order'd a ftrong Body of arm'd Men to guard and walk Rounds in the City. The 
 next Day the King took care to appoint Errico Arifiippo Archdeacon oi Catania, and 
 one of his Favourites % a Man of peaceable and mild Difpofition, and very learn 'd 
 in the Latin and Greek Languages, to exercife the Office of High Admiral, till he 
 fhould difpofe of it otherwife, by whofe Advice the Affairs of the Kingdom begin 
 to be manag'd ; and the new Admiral and Count Stlveftro having dilcover'd to the 
 King the Confpiracy which Majone had hatch'd againft him, were at great Pains to 
 allay the mortal Hatred he had conceiv'd againfl Bonello, but he could never be per- 
 
 '. Anno 1 160. Camil. Pcilegr. in Cafligat. ad Anon. CafTin. * Hugo Falcand. 
 
 fuadcd
 
 Book XII. //j^ Ki NGDOM 0/ NA P L E S. jSt 
 
 fuaded to pardon him, till among Majone's Treafure, the Scepter, the Crown, and 
 the other Enfigns of Royalty were found ; which being evident Proofs of his ViJlany 
 the King was pacified, and immediately caus'd the two Stephens^ one of them the 
 Brother, and the other the Son oi" Mdjoiie, w^ith Matteo the Notary, his intimate- 
 Friend, to be put into Prifon, and likewife ordcr'd all the Deceafed's Treafure that 
 could be found, to be carried to the Royal Palace, and caus'd Al)dre^ the Eunuch 
 and many others of the Admiral's Domefticks to be put to the Torture and 
 threaten'd Stephen the Son w ith the lame, if he did not difcover where the reft lay 
 conceal'd ; by their Information a great Sum of Money was found in the Cuftody of 
 the Bifliop of 1'ropca, which being demanded by the King, was deliver'd. After- 
 wards U'tlliam fent Melfengers to Cacabo to tell BoiwUo^ that now, being appriz'd 
 of the Admiral's Villany, he was oblig'd to him for having put him to Death and 
 therefore he might come very fafely to him. Boncllo upon this Meflage, truftinc» to 
 the Love of the Barons and People, and the Affiftance of his Followers, came imme- 
 diately to Palermo, where he was met by a vail Multitude both of Men and Women 
 who with great Demonftrations of Joy welcom'd him, and condudted him to the 
 Royal Palace, v. here he was kindly receiv'd by the King, and reftor'd to his Favour. 
 And having taken Leave of the King, he was honourably accompanied by the 
 greateft Men of the Court, and the fame Crowd of People to his own Houfe ; and 
 he became fo famous and renown'd, not only in Palermo, but over all Sicily, that 
 he gain'd the Love and Eileem of every Body. 
 
 B U T fee the Inftability of worldly Things, this his fb great Happinefs, foon 
 became his Ruin ; for the Eunuchs of the Royal Palace, who, together w ith the 
 Queen, had been Partners in Majone's Confpiracy againft the King, much difpleas'd 
 at Bonellos Profperity, and afraid left Ibme Time or other he (hould call them to 
 account, began by feveral Means to put him in Diigracc with the King, and make 
 his Power to be lufpeded by him, by telling him that Bonello had a mind to be 
 Mafter of Sicily, and for that end was currying Favour with the Barons and People ; 
 and for carrying on the fame Defign, had unjuftly murder'd the Admiral, who was 
 the Perfon that had the King's Safety and Intereft moft at Heart, all being manifeft 
 Untruths that were laid to his Charge ; and that the Crown and other Royal Enfigns, 
 found amongft his Treafure, had been provided by the Admiral in order to 
 be prefented to his Majefty the enfuing Month of January, as a new Year's Gift '. 
 The King, by being addicted to the Pleafures of a Court, and an unadive Life, was 
 become fo indolent and ftupid, that, excepting the Pains he took to gather Wealth, 
 ■which made him lay heavy Taxes upon his Subjeds, and got him the Name of 
 U'lcked, he was quite another Man than he had been formerly ; and was now fb 
 foolifh and credulous, that it was an eafy matter to make him believe all that was laid 
 to Bonello's Charge, fo that he began to hate him, and to believe that he had 
 murder'd Mc.jone, in order the more eafily to takeaway his Life. And tho' it was eafy 
 for the King to crufli Bonello, yet feeing the Pakrmitans, who were ftill in a State 
 of Commotion, and not quite pacified, had fuch a Regard for him, he thought 
 fit not to meddle with him. However he began to require a great Sum of Money 
 of him, which for a long Time had been owing to the Crown, and never demanded 
 of him, as being iH^yowe-'s Son-in-Law. Therefore BcncUo feeing himfelf all of a 
 fudden iu'd for an old Debt, that had been quite forgot, and that he w^as rarely 
 call'd to Court, and had not the fame Reception there as formerly, began to be 
 furpriz'd, and to revolve in his Mind what could be the Occafion of fb fudden a 
 Change ; and w hat increas'd his Jealoufy and Fear, was to fee Adinolfo the Chamber- 
 lain, formerly a Creature of Majone's, much in Favour with the King, and that 
 both he and his other Enemies impudently fhew'd him the Hatred they bore him. 
 And about this Time the Archbifhop dying of the Poifbn given him by the Admiral, 
 Bonello was both depriv'd of his Advice and Afliflance, and more avowedly perfe- 
 cuted by his Rivals ; all which he look'd upon to be evident Marks that the King 
 had alter'd his Mind with reiped to him, and that therefore his Enemies had the 
 Affurance to lie in wait for his Life. Wherefore he refblv'd to acquaint M^nteo 
 Santa Lucia, his Coufin, and many other Sicilian Barons, who being invited by his 
 Letters had come to Palermo, with the whole Matter ; he told them that the King, 
 inftead of rewarding him for faving his Life, by killing the Admiral, was now, at 
 
 ' H. Falc- ut cadcm in Kal. Januarii ftrcnarum nomine, juxta confuctudlnem ei tranfmltteret. 
 
 7 L the
 
 582 ^he Civil History of Book Xlf. 
 
 the Inftigation of the Queen and the Eunuchs, prefling him to pay an old Debt, 
 and periecuting him to that Degree, that he was in Danger of his Life ; therefore he 
 begg'd of them not to defert him in fuch a dangerous State, but to aflbciate them- 
 felves with him for defending him againft his Enemies. This Speech of Bonello 
 wrought more upon the Barons than he could have expedled ; for finding them all 
 at his^Difpofal, after various Conlukations, they concluded to ftrike at the Head of 
 all thefe Mifchiefs, either by putting the King to Death, or in Prifon, and making 
 his Son Kog;^er, a Boy of nine Years of Age, King, who, on account of the Virtues that 
 bec'an to appear in fo tender an Age, like his Grandfather, could not fail to prove 
 an^excellent Prince ; but not thinking it fit to take fo weighty an Affair upon them- 
 felves alone, they brought over to their Party, Stmon the baffJard Son of King Roger, 
 who mortally hated his Brother, for having taken from him the Principality oiT'aratito^ 
 which his Father had left him, and in lieu thereof given him the County of Pcli- 
 caftro. They likewife brought over I'ancred the Son of Roger Duke of Piiglia, who, 
 tho' a little Valetudinary, yet was a Man of great Judgment and Courage, and 
 kept in a manner Prifoner in the Royal Palace by William; and they alio ingag'd 
 to be of their Party, Roger Count ot Avellino^ the King's Coufin by his Grand- 
 mother Adelafia ; and their Defign of making the Infant Kcger King, was to let the 
 Sicilians fee that they had no mind to deprive H'llliams Children of the Kingdom, 
 but himfelf whowas a Tyrant. Having brib'd Ga'varetto, who kept the Keys of the 
 Prilbns and who was often intrufted by Malgerio with the Charge of the Caftle, they 
 agreed, that on a fix'd Day all the Prifoners fhould be fet at Liberty, provided 
 with Arms, and acquainted with the Signal that was agreed upon, when every 
 Thing was ready for putting their Defign in Execution. After this Bomllo went to 
 his Caftle Miftretto, not far from Palermo, to lay up Provifions there, and in fome 
 other Places belonging to him, whither they might retire in cafe of any crofs Acci- 
 dent, and forbad his AfTociates to do any Thing, but lie fnug till his Return ; and if 
 any Thing of Moment fhould happen, he defir'd to be acquainted by Letters, and 
 he would immediately return with a ftrong Body ofarm'd Men. Whilft Bonello visa 
 thus employ'd in the Country, it happen'd that one of the Confpirators difcover'd 
 the Matter to a Soldier his Friend, by thinking to ingage him in the Plot ; the 
 Soldier being let in to the whole Defign, thank'd his Friend, and laid he would con- 
 fider of it till the next Day, when he would give him his Anfwer ; immediately the 
 Soldier went to another of his Friends, who happen'd to be one of the Confpirators, 
 to whom he told the Story with Indignation, and faid, to prevent fuch a piece oJ 
 Villany, which would be a lafling Infamy upon the Sicilians, he was refblv'd to 
 dilcover the whole to the King. This Friend of his, diffembling the Matter, feem'd 
 much offended at fuch a Thing, but he went immediately to Count Simon, and the 
 other Heads of the Confpiracy, and told them what had happen'd through the In- 
 diicretion of one of their Friends, and that they had beft confider that Night what 
 they were to do, becaufe the next Morning the King would be appriz'd of the whole 
 Matter. Therefore terrified at their imminent Danger, and not having Time to 
 acquaint Bonello, they refolv'd to put their Defign immediately in Execution ; for 
 which end they lent Word to the Keeper of the Prifons, to fet all the Prifoners at 
 Liberty the next Day, becaufe they could delay no longer • the Keeper return'd 
 them anfwer, that it fliould be done againfl Three a Clock next Day, when the 
 King would be in the Chamber of Audience, conferring with the Admiral Arch- 
 deacon of Catania, on the Affairs of State, where, without any Noife or Refiftance, 
 they might either kill or imprifbn him as they thought fit ; this fo diftindt and futh- 
 ful Anfwer of Gavaretto, put new Life into the Confpirators, who had been much 
 diflieartcn'd, partly on account ofBoKf//o's Abfence, and ofthofe that had gone with 
 him to Miftretto, and partly becaufe they were forc'd to do in a hurry, what, after 
 mature Deliberation, and in a proper Time, they had refolv'd to execute. 
 
 THE next Day Ga'varetto at the Hour appointed pundually perform'd his Part, 
 for he fet at Liberty iVilliam Count of Principato, with all the other Noblemen, 
 whom he had before provided with Arms, and condudled them to the Place where 
 he had pofted the other Confpirators, and Count Simon their Head, who liaving 
 been bred up in the Palace, knew all the Apartments of it, fb that he went diredtly 
 to that where the King was dilcourfing with the Admiral. But the King feeing Count 
 Stmon his Brother, and ^ancred his Nephew advancing towards him, was much 
 offended that they fliould offer to come into his Prefence without his Licenfe, and 
 
 wonder 'd
 
 Book Xir. ^^? K I N G D o M 0/ N A P L E S. 58? 
 
 wonder'd how his Guards came to let them pafs ; but when he fliw that they were 
 follow'd by a great Body of arm'd Men, perceiving what they would be at, and 
 ftruck with the Fear of Death, he had a mind to make his Eicape, but was quickly 
 feiz'd, and while they were reproaching him with his Tyranny, he obll-rvinc H illia'it: 
 Count of Lefma, and Roberto Boveiife^ bold and cruel Men, ready to fall upon him 
 with their drawn Swords, begg'd thole that held him not to I'ufFer him to be murder 'd 
 for he would immediately renounce the Kingdom. Had it not been for Riccarcio 
 Maiidra, who ftcpt in betwixt them, and calm'd their Fury, they certainly would 
 have put him to Death ; his Life being thus lav'd, he was flnit up into clofc Prifon 
 and having put a Guard upon the Queen and her Children in their own Apartment' 
 they fearch'dand plunder 'd the Palace of all the precious Jewels and rich Furniture, not 
 fparing even the Honour of the Queen's Maids '. They kiU'd all the Eunuchs 'that 
 came in their Way, they went to the City, where they plunder'd the rich Mer- 
 chandizes of the Saracens, that were either in their Shops, or the Cuftom-Houfe. 
 After all this was over, Count Awow with his Followers took Rorer Duke of Pugliay 
 Ifilliam's eldeft Son, carried him out of the Palace, and to fhew him to the People, 
 mounted him on a white Horfe, and marching through the Streets oi Palermo, with 
 chearful Voices they proclaim'd him King, which, out of Refped to his Grand- 
 father, was anfwer'd with loud Acclamations of the People ; but his Coronation was 
 delay 'd till Bouello, who was hourly expeded, fhould arrive. IValter Archdeacon 
 ofCeffalu, the Child's Preceptor, publickly inveighing againft the Cruelty and other 
 Mifdeeds of ll'illiam, told the People, that they ought to fwear to obey Prince 
 Simon, who would govern the Kingdom till the )Oung King {hould be of Age ; by 
 IValte/s Means many fwore fuch an Oath, others refus'd to do it, tho' none had 
 the Boldnels to oppofe the Conlpirators, becaufe fome of the Billiops, who were 
 then in Palermo, and had great Authority in the Kingdom, openly approv'd of 
 thele Proceedings ; and others by their Silence gave their Confent to them : I'he 
 Commonalty being told that the whole had been brought about by Bcnello's Means, 
 were eafy. But feeing he delay'd to come, IVtlltara Count of Principato, and 
 Tancred Count of Lecce, went to Miftretto to bring him and the arm'd Men that 
 ■were with him to Palermo, left the Palermitans fhould change their Mind, and fee 
 the King at Liberty, as they afterwards did. 
 
 AFTER they had waited three Days, the King ftill in Prifon, and had no 
 Tidings of Bonello, Ro?«k^Wo Archbilhop of 61?/fr«o, Roberto Archhxiho}^ of MeJJiiia, 
 Riccarcio Eledt of Syracufa, and Gii'.ftino Bifhop of Mazza, began to enoourage the 
 Salernitans to fet him at Liberty, faying, it was a very ugly and fhameful Thing to 
 fuffer their Sovereign to be fo ignominoufly uled, and the Trealure laid up by the 
 good King, for the Defence of the Kingdom, to be thus robb'd and wafted \ Thefe 
 W'ords, fpoken at firft in Prefence only of a few, were fbon fpread abroad amonofl: 
 the Commonalty ; whereupon, as if they had been call'd from Heaven, or led on by 
 a brave Captain, they took up Arms, and befieg'd the Palace, requiring thole 
 within at their Peril immediately to fet the King at Liberty. The Conlpirators 
 aftonifh'd and confounded at fo fudden a Change, began at firft to make a gallant 
 Defence, but finding it would be to no purpofe for a handful of Men to pretend to 
 ftand out againft an inrag'd Multitude, out of cruel Neceflity they had recourfe to 
 the King, whom they took out of Prifon, and capitulated with him for Liberty to 
 go where they fhould think fit ; then they conducted him to a Balcony to be feen by 
 the People. But the Palermitans feeing their King in that Condition, became more 
 furious, and by all Means refolv'd to break open the Gates, and be re-\'eng'd of the 
 Confpirators, who would certainly have been put to Death, if the King had not 
 beckon'd to them with his Hand, telling them that they had given fufficient Proof of 
 their Loyalty in fetting him at Liberty, and that they might lay down their Arms, 
 and allow thofe who had made him Prifoner, to go freely where' they pleas'd, 
 becaufe he had confented to it ; upon which they all obey'd, and left the Paffage 
 out of the Caftle free ; the Confpirators march'd out, left Palermo, and retir'd to 
 Cacaho. 
 
 ' Hug. Falcand. i in carccrc dctincrj, neque Populum id debcrc 
 
 ^ Idem, Indignum cfTc, fatifque mifcrabile, pari diutius. 
 Rcgem a paucis Frxdonibus turpltcr captum, ' 
 
 C H A P.
 
 584 
 
 The Civil History of 
 
 Book Xir. 
 
 
 m^ 
 
 fl?gS?i 
 
 )e^ 
 
 % 
 
 
 CHAP. III. 
 
 Khig William being fet at Liberty^ tales upon him again the Covevn" 
 ment of the Kingdom. The T)eath o/^Roger his eldeji Son. New 
 Commotions in Palermo and Puglia, which at laji are quieted 
 hy the T)eath o/Bonello, and of the other Confpirators. 
 
 ;HIS Adventure was theCaufe, in a fhort Time, of great Mifchiefs 
 to Sicily^ for not only a great many noble Barons loft their Lives on 
 that account, and a great Part of the Royal Treafure was purloin'd, 
 but Duke Roger likewife, who had hitherto given notable Indications 
 that he would prove an excellent Prince, died ; for during the Tumult 
 of the People, having rafhly thruft his Head out of a Window that 
 fac'd thofe who were befieging the Palace, he was wounded with an Arrow, fhot, as 
 was then commonly reported, by Dario the King's Porter ; however, the Wound 
 would not have prov'd Mortal, had it not been, that the King, his Father, feeing 
 him go merrily along before him after he had been fet at Liberty, vex'd that he had 
 been preferr'd to him, and not minding that his Son had had no Hand in it, ftruck 
 him unmercifully with his Foot on the Breaft : Roger having told his Mother what 
 had happen'd, died foon after. 
 
 THE King being fenfible of the fhamefnl Adlion, and his other Misfortunes, 
 forgetful of his Dignity, ftripp'd himfelf of the Royal Garments, lamented his 
 wretched Condition, and almoft diftraded, did nothing but mourn bitterly, open'd his 
 Doors to whoever was pleas'd to enter, and related to them his Misfortunes, which 
 drew Tears even from his Enemies. But at laft, by the Advice of his intimate 
 Friends, and many Prelates who had come to comfort him, he order 'd the People to be 
 aflembled in the Court of his Palace, whither he went down, and firft gave them Thanks 
 for their Loyalty ; then exhorted them to continue in their Fidelity ; and taking all 
 that had befallen him as a juft Punilhment which God had delervedly afflidted him 
 with, faid, from that Time forth he was refblv'd to lead a better Life j but his 
 Grief and Tears hindering him to proceed, Riccardo JLle^. of Syracufa^ a Man of 
 oreat Learning, and wonderful Eloquence, explain'd more fully to the People what 
 the King had faid, who, in Teftimony of his good Will towards them, granted 
 them at that Time many Privileges and Immunities, which was a Thing fo much 
 the more agreeable, as it was given when they leaft expefted it. 
 
 WHEN Boiisllo receiv'd the News of the King's being let at liberty, he was in- 
 wardly vex'd and difpleas'd, though he pretended the contrary, becaule he had no 
 hand in it, and the King alio temporizing, us'd the like DifTimulation, yet his being 
 at Cacabo with fb many Barons, could no longer be diflembled ; for Count Simon, 
 tailored Count of Lecce^ H'llliam Count oi LeJJiud, yflexander Count of Converfam, 
 Kug^iero Sclavo, and all the reft that had imprifon'd the King, had join'd Bonello at 
 Cacabo, and had a good Body of arm'd Men with them; therefore //}7//JW fent 
 Meflengers to Bonello to demand what that Meeting and thofe Soldiers meant, and 
 whether he was imbark'd in the Defigns of the Confpirators, and how he came to 
 ihclter them inhisCaftle? to whichMellage he anfwer'd, 'J hat it would be the Height 
 of Cruelty in him to cxpofe fb many great Men, who had had recourfc to him, to 
 
 his
 
 Book XII. the Kingdom 0/ N A P L E S. 
 
 585 
 
 his Indignation, and that he could not forbear to tell him, that if he would narrow- 
 ly examine his own Adtions, he would be furpriz'd, how fo many illuitrious Men 
 have been able to bear the Yoke of the many grievous Laws he had impos'd upo n 
 them, for deftroying their Liberty ; eipecially that Law which obliges their 
 Daughters to live in perpetual Virginity, they not being allowed to marry till they arc 
 paft child-bearing, that the Fiefs may devolve to him ; fo that if he had a mind that 
 he, Ronello^ and the Confpirators fliould live peaceably, he mud abrogate thofc Laws 
 which had been lately made for depriving them of their Liberties, and reftore thofc 
 commendable Ulages, introduced into the Kingdom by his Forefathers Koz^er Count 
 of Sicily^ and the famous Robert Giiifcard, otherwife they would endeavour to do 
 themlelves Jullice by Force of Arms '. This bold Anfwer much difplcas'd the King, 
 who immediately fent them Word, that he would rather chufc to lofe both his Life 
 and Kingdom, than out of Fear of them, yield to what they requir'd ; but if 
 they would lay down their Arms, and be at his Devotion, they might ask any 
 realbnable thing, and he would grant it them. To which they would by no means 
 confent, but march'd ftraight to Palermo^ which put the Citizens into a terrible 
 Fright, becauie they would probably hinder Provifions from coming to the City. 
 On the other hand, the King having afTembled a good Body of Troops, laugh'd 
 at what they could do ; yet for Peace fake, he fent anew to Bonello, Koberto da 
 S. Giovanni, a Canon of Palermo, a Man of a bright Charadter, and untainted 
 Loyalty, who wrought fo eflfedtually and dextroufly, that he brought both Parties 
 to an Agreement, by which the King pardon'd the Confpirators, and gave them 
 arm'd Gallies to traniport themfolvcs out of the Kingdom, whereupon fome of them 
 with Count Stinon, went to Greece, and others to Jeriifalcm. The King reftor'd 
 Bonello to favour, and likewife pardon'd Roger Count of Auelltno, as well becaufo 
 he was very young, as at the Requeft and Tears of his Grandmother Adelafia, the 
 King's firft Coufm, who lov'd him dearly, he being the only remaining Heir of 
 this County ; and he kept Riccardo Mandra, who had fav'd his Life, near his own 
 Perfon, and created him High Conftable oi Sicily \ But the Misfortunes of Sicily 
 did not end here i ior Rnggiero Sclavo, Son oi Count Simon, and 'fancred Count o£ 
 Lecce, with many others of their Aflbciates, who would not enter into the Agree- 
 ment with the King, began to poflefs themfelves of many Towns, and to lay 
 Wafte all the Country zhout Syracufa znA Catania. Which Proceedings ftruck Ter- 
 ror in the Court, and the King being perfuaded that all was done by Bonello 5 Dir 
 redtions, fhut him up in Prifon ; and though the Palermitam at firft made an Uproar, 
 and endeavour'd to fet him at liberty ; yet the fickle Mob, afraid of the King, foon 
 loft Courage, and minded him no more, for Bonello being put in a dark Prifon under 
 Ground, had his Eyes put out, the Sinews above his Heels cut, and was con- 
 demn'd to perpetual Imprifonment, where, foqn after, lamenting his Misfortune, 
 he died of Grief The King likewife crufh'd the other Co.ifpirators, and in a fhort 
 time quieted Palermo and all Sicily. 
 
 IV ILL I AM now wanted to quell the Commotions of Piiglia, rais'd by fome 
 Barons, who had been Partifans of the Admiral Majone, and efpecially Roberto di 
 Bajfavilla Count of Loritello, who, joining with t\\c Counts Gilberto and BoeiuoUdo, 
 poilcfs'd himlelf of many of the King's Towns in Piiglta as far as Oriole, a Caftlc 
 iituated on the Confines of Puglia and Calabria. From thence he went to 1'erra di 
 Lavoro, where he endeavour'd to be Mafter of Salerno ; but that not fucceeding, 
 he march'd to Benevento, which immediately furrender'd ; from thence returning to 
 Puglia, he took I'aranto. Calabria was likewifo in Confufion, where all the moft 
 powerful Barons were Enemies to the King, and fided with Count Roberto, among 
 the reft dementia Countels of Catanzaro, in order to oppofe the King, had rein- 
 forc'd yfaverna with a ftrong Garrifon. iVilliam finding all the Provinces of the 
 Kingdom of Puglia in this Condition, in order to fupprefs thefe Commotions, re- 
 folv'd to go thither at the Head of a good Army; and before he (et out, under a 
 fham Pretence, he lent for Ruggiero Sanfeverino, call'd di Martonaro, a Baron much 
 refpcded inCaLibria, whom he look'd upon to be his bitter Enemy, becaufe he had 
 
 ' Hug. Falcand. Uc his, aliilque perniciofis 
 Icgibus antlquatis, eas reftituat confuctudincs, 
 quas Avus ejas Rogerius Comes a Roberto 
 
 Gulkardo prlus iatroduftas, obfervavcrlr, &: 
 obfervari proecepcrit. 
 
 * Hug. Falcand. Paiiormi retinens, militibus 
 fuis Comeflabulum prj-fccir. 
 
 7 M 
 
 ftuck
 
 5 Z6 The Civil History of Book AIL 
 
 ftuck clofe by Bonello in the late Troubles, and for that Crime only, caus'd him 
 to be imprifon'd, and his Eyes to be put out. 
 
 I N the mean time he went to Calabria^ and laid clofe Siege to Tavenia^ and tho' 
 the Counttfs Clemettti a with her Mother, and Alferio and To w/«ij/o her Uncles, to- 
 gether with the Inhabitants, defended themfelves gallantly, yet it was taken at kill, 
 and deftroy'd, and the Countcfs with her Mother fent Prifoners to Paleriih-,, and 
 ^omniafo and Alferio were immediately hang'd. Count Roberto hearing that I'a'verna 
 was taken, went prefently to I'aranto^ and having encourag'd the Citizens to make a 
 ftout Defence, and put a new Garriibn in the Town, in order to fhun //>///.?;« 's 
 Army he went immediately into Abbruzzi. But IVtlltam march'd ftrait to 
 1'aranto^ and foon made himfelf Mafter of that City, and caus'd fome of Count 
 Roberto's Soldiers, whom he found there, to be hang'd. He recover 'd all the Places 
 of Puglia and Campania, as faft as he had loft them. Then hearing, that Roberto 
 di Bajfavilla with a Part of his Forces, had march'd into Abbruzzi, he prefently 
 fent Riccardo di Soria with a good Body of Troops to make him Prifoner ; but he 
 being appriz'd of it, fled the Kingdom, and went to the Emperor Frederick in Ger^ 
 many. The other Barons feeing the King {o fuccefsful, likewife fled, lome to 
 Komagna and fome to Abbruzzi- Ruggieri dell' Aqtiila Count of A'vcllino, alio 
 made his Efcape, for tho' the King had formerly pardon'd him, yet he had in- 
 curr'd his Difpleafure in marrying, without his Conlent, the Sifter of Guglielmo da 
 San fever I tto, who, for the fame Reafon, likewife fled to fhun the King's Refentment. 
 After all this was over, the King went to Salerno, which he grievoufly opprefs'd, by 
 extorting a great Sura of Money from the Inhabitants ; from thence he embark'd 
 and return'd to Palermo. Thus JVilliam by his Severity, having reftor'd Peace in 
 his Dominions, wearied with the paft Troubles, refolv'd for the future to lead a 
 more peaceable and quiet Life; and having committed the Government of his 
 Kingdom to Matteo Notajo di Salerno, and Henry Bilhop of Syracufa, an Engliflwian, 
 he gave himfelf up to the Eafe and Pleafures of a Court, and never minded the 
 Affairs of his Kingdom any more. 
 
 cJ^-])(& c)g5^ c)g5^ z^%s dt%s _e/G-3(s z^%s (Jg%^ cC^ 
 
 CHAP. IV. 
 
 Jfter the 7)eath of Vi<^or the Jntipope^ Alexander III. h 
 acknowledged for true 'Tope, and returns to Rome j and King 
 William, after having appeasd fome Dijiiirbances that happen d 
 in his Palace, in the Tear 1 1 60 ^ dies in Palermo. 
 
 i U R I N G thefc Commotions in the Kingdoms of Sicily and Puglia, 
 others much more remarkable happen'd in France and Italy, betwixt 
 Pope Alexander and the Emperor Frederick ; for Alexander, after 
 having continued Ibme time in Alagna, went to Genoa, and from 
 thence took Shipping and went to Provence : Viflor the Anti-pope, 
 who ftay'd in Segna, hearing of Alexander's Departure, went imme- 
 diately into Lombardy to Frederick, to acquaint h m that Alexander had gone to 
 France : The Emperor no fooner heard of it, than, being afraid left Leivis King of 
 France fhould receive him as true Pope, he fent Henry his AmbaflTador to France, 
 to defire an Interview with Leiiois near Avignon, for lettling tht Affairs and reforming 
 the Abufes of the Church, The Emperor feeing that the Anti-pope had not fb 
 
 ftrong
 
 Book XII. if/jf K I N G D o M 0/ N A P L E S. 587 
 
 ftrong a Party as Alexander^ refolv'd on this Occafion to endeavour to get them 
 both depos'd, and to make a new Pope, left Alexander, his open Enemy, at lafh 
 fliould be acknowledg'd by all for true Pope ; Leivis, a fimplc Man, and eafily im- 
 pos'd upon, was perluaded, with a fmail Retinue, to come to t!ie appointed Place 
 2in6.Fredericky with a great Army, arriv'd the Day following, which very much pcr- 
 plex'd both the Pope and the King, who were too htc in finding out his deceitful 
 Intention ^ and they would have been in a forry Condition, if Ikury Kincr of 
 BngJand, a gallant and moft religious Prince, who had iinelt Frederick's Deff^ns 
 had not landed in France with a ftrong Army to relie\e Alexander and Lcnis. 'I his 
 fcafonable Arrival of an Army, equal to that of Frederick, baulk'd his Defign in- 
 Ibmuch that after various Conferences, the Emperor, angry at his Difappoincment 
 went to Germany with his Anti-pope ; and Alexander having eibap'd this Dmo-er 
 •was acknowledg'd and refpected by the Kings of England and France, and all their 
 Kingdoms, for true Pope. And having accompanied thefe two Kings to Paris, he 
 compos'd Ibme Differences that were between them, and got them to enter into a 
 League and Fellowfhip. Alexander this Year 1163, alfembled a General Council 
 in I'ours, in which all the Bifhops o? England, Scotland, Frame, Spain and Ireland^ 
 with fome German Prelates, were prefenc, wherein he re-eftablifh'd many Things, 
 and reform'd fome Abufes with reipedt to Church Governmsnt. In the mean time 
 the Anti-pope, for all that the Emperor could do, was not own'd by the German 
 Bifhops ; lb that he return'd to Italy, and went to Lucca, where he died loon after. 
 Neverthelefs the Schifm was not at an end, for by the means of Kinahh, Freder:ck's 
 Chancellor, another Anti-pope quickly ftarted up, which was Giiido da Crenta, who 
 toc^ the Name of Pafcal III. The Romans having heard of the Death of the 
 Anti-pope, immediately lent AmbalTadors to France to invite Alexander back, 
 begging him to return to Rome, where they would receive him with all the Alfcctiorj 
 and Refpedt imaginable ; whereupon the Pope being lenfible that his Prefencc was 
 necelTary in Rome for the Good of the Church, took Shipping, and elcaping the 
 Snares which the Pifans, at che Emperor's Defire, had laid for him with their 
 Gallies in order to make him Prifcner, he arriv'd fafely at Meff.ua, with all his 
 Cardinals and the Archbifhop of Mentz: As foonas King William, wIto was then at 
 Palermo, had Notice of his Arrival, he km his Ambaffadors to wait upon him, and 
 'in his Name to offer him rich Prefents, and five arm'd Gallies, in which heembark'd, 
 and firft went to Salerno, and from thence in the fame Gallies arri\''d in the ■lyber, 
 and landed at St. P^///'s Church, whither all the People and Clergy oi Rome came to 
 meet him, and in great State convey 'd him to the L^ri?;-/?« Palace '. 
 
 BU T while IVilliam xhought himfelf fecure from all Danger, by an unforefeen 
 Accident, he was like to lofe his Life; for fome few Prifoners, in Defpair of ever 
 obtaining their Liberty, through the Malice of Matteo Notajo, who prov'd as 
 cruel afid tyrannical as Majone ; and wearied with the Uneafinefs and Horror of a 
 Prifon, made an Attempt to make their Efcape, or put an End to their Miferies. 
 For which end, having brib'd the Keepers, at a Time when the Palace was leaft 
 frequented, they got out, and though they were but a few, they boldly attark'd 
 the Door-keepers of the Palace, and having enter 'd, put all in Conf ifion, nnd en- 
 dcavour'd to ieize the King, or his Children ; but a great Number of Soldiers with 
 Odone, the King's Mafter of the Horfe coming on the Noife, after a fmall Re- 
 fiftance, they were at laft all put to Death one after another, and their Bodies e\- 
 pos'd to be eaten by the Dogs. This Adventure made the King very unealy, and 
 confidering that the Prifoners of the Caftle had put him twice in Danger of his Life, 
 he caus'd thofc that remained to be taken out, and carried to the Caftle on the Sca- 
 ihoar, and other Forts of the Ifland. And after this he gave himlelf up to fucli 
 Eale and Qiiiet, that he exprefly forbid his Domcfticks to acquaint him with any 
 thing that could give him the leaft Difturbancc ; fo that his Ignorance of the 
 Affairs of his Kingdom encourag'd Gaito Ptetro, and the other Eunuchs of the 
 Palace grievoufly to opprefs and abufethe Sicilians, both in their Pcrlbns and Goods, 
 whence they took Occalion to call the King, ll'illiam the IDckeJ, which he was 
 found fo much the more to dtferve, by how much better his Succeffor prov'd. 
 The King altogether addided to his Pleafures, bethought himfelf that his Father 
 
 ' Romuald. Achiep. dc Salcrn. in Cronic. apud Baron. 
 
 Roger
 
 588 The Civil History 0/ Book Xlf, 
 
 Roger hnd built two {lately Palaces in Palermo, therefore he refolv'd to build a 
 Third, tint (liould far exceed thofe of his Father, not only in Magnificence and 
 Noblenefs of Strudure, but likevvife in the Finenefs of the Gardens, and the Beauty 
 of the Fountains and Fi(h-ponds which furrounded it on all Hands. But this Work 
 was fcarcely finifh'd, when Death, which puts an end to all human Defigns, pre- 
 vented his Fnjoyi-nent of it; for in the Year 11 66, the beginning of Lent^ he fell 
 fick of a Flux, which troubled him extremely, whereupon he devoutly took the Sacra- 
 ments of the Church, reliev'd many Prifoners, and likewiie remitted a new Tax 
 which he laid upon the Cities and Lands of Puglia ; and having call'd for all the 
 great Men of his Court, and the Archbifhops of Salerno and Keggio, ho made his 
 Will, by which he left IVilliam his eldcft Son Fleir of his Kingdom, and to Henry 
 his other Son he confirm'd the Principality of Capua, with which he had formerly 
 inverted him ' ; and he left the Queen Regent of the Kingdom, till the Sons {hould 
 be of Age ; and he enjoin'd her, that in all Aifairs of State, fhe fliould take Advice 
 of theBifhop oi Syraciifa, Gaito Pietro and Mattco Notajo; and the Diieafe incrcafing, 
 he call'd for Koaiuakio Gtiarna Archbilhop of Salerno, his near Kinfman, who, 
 according to thofe Times, was very knowing in Phyfick, and though he prcfcrib'd 
 many Medicines proper for his Diieafe, yet he would take none of them but thofe 
 that pleas'd himielf, which haften'd his Death, for on the Saturday before the 
 Oftavc of Eafter % he was leiz'd with a violent Fever, which foon after carried 
 him oft* at the Age of 46, after he had reign'd Sixteen Years, two Months and 
 three Days, from the Time of his being crown'd King of Sicily, when his Father 
 was ftill alive. 
 
 THE Queen being afraid left the fudden News of the King's Death might 
 occafion fome dangerous Commotion amongft the Palermitans, caus'd it to be con- 
 ceafd, till the Arrival of the Barons who had been already fent for to be preient at 
 the Coronation of the new King. After it had been hulh'd up for a few Days, the 
 Death of the Father, and the Reign of the Son were publifh'd at the fame Time ; 
 and the Corps was honourably carried to St. Peter s Chapcl, where, for three Days 
 fuccefHvely, the funeral Solemnities were pompoufly and magnificently celebrated, 
 at which all the Barons and Bifhops that were in Palermo were prefent ; and in pro- 
 cefs of Time the Corps was tranfported to the Church of Montreale, which the King 
 his Son caus'd to be built, where the Queen made a ftately Tomb to be creded, 
 which is to be (een at this Time without any Infcription. 
 
 IVILLIAM, according to Rcmiialdo, was a Prince of a noble and graceful 
 Afpedl, exceeding covetous, and moft intrepid in War : He often vanquifh'd his Ene- 
 mies both by Sea and Land ; but in Peace was very indifcreet, and beyond meafure 
 a Lover of Eafe, and indolent. His Inclination to Cruelty, and his too great 
 Defire of heaping up Money, and his Lavifhnefs in fpending it, made him appear 
 wicked in the Eyes of the People : As for the reft, he efteem'd and carefled his 
 Friends, and rais'd them to great Honours, and liberally rewarded them : On the 
 other hand, he was a bitter Perfecutor of his Enemies, many of which he put to 
 a cruel Death, and others he banifh'd : He was very Religious, and a Lover of 
 Divine Worlhip, and he had a great Regard for the Popes, with whom he had no 
 Difputes, excepting in the beginning of his Reign with Adrian. 
 
 ' Pellegr. in Caftigar. aJ Anonymum Cadin. J in the Month of May. Fazzello feySf it wat tht 
 anpo 1172. ex Hugone Fakando, iSc Romualdo. I ^th ofMay. 
 
 'Jhe Chronicle of FoiranQVa fays, that it was 
 
 CHAP.
 
 Book XIL the Kingdom of N A P L E So 
 
 58? 
 
 CHAR V. 
 
 The Laws of King William I. 
 
 L T H O' fome of this Prince's Laws feem'd grievous to his Subjedls, 
 on account of the great Defire he had to heap up Riches ; neverthe- 
 lefs all the reft were very good and uleful, infomuch that Frederick 11. 
 caus'd them to be inferted in the Volume of his Conftitutions, com- 
 pil'd by Pietro delle Vigne, and ordcr'd them and thofe of Roger to 
 be obferv'd. We have Twenty-one of the Laws of this Prince in 
 the Volume of the Conftitutions, which muft be diftinguifh'd from thofe which 
 IVtlltani II. publifh'd afterwards, that they may not be confounded, as fome 
 Writers have done, who have taken them all to be Wtlliam Vs. 
 
 THAT, which we read in the firft Book, under the Title de Ufurariis puniendis^ 
 and which, in fome Editions, bears in the Kubrick the Name of Roger ^ and in fome 
 others that of IViUiam^ as we have (aid, is neither Roger's, nor, as Andrea, d^Ifernthy 
 Afflido^ and fome of our Writers have believ'd, IVilltam Vs. It was publifli'd long 
 after by IViUiam II. his Son ; for this Law ordains, that all Caufes concerning Ufiiry, 
 that fliall be brought before his Court, be decided, and determin'd according to the 
 Pope's Decree lately publifh'd in Ro}Tie, meaning the Decree which was made againlt 
 Ufurers in the Laternn Council, celebrated in Rome by Alexander III. and inlerted 
 by Gregory IX. in his Decretals ' ; lb that IVilliani I. cannot be the Author of it 
 for this Council was celebrated by Alexander in the Year 11 80, according to Antonio 
 d'Agoflino, or, as the moft accurate Writers fay, in 1179, when IViUiam the IVickea 
 was dead, who, as we have feen, died in the Year 11 66, and If^tlliam II. was 
 reigning in Sicily, who, altogether differing from his Father, hated Ufurers and their 
 abominable Pelf, and would have Ufury to be judg'd by the Canons of the Lateratt 
 Council, and not by the Civil Law. 'Tis worthy of Obfervation, that in thefe 
 Times the fecular Judges took Cognizance of the Crime of Ufury, and it did not 
 belong to the Ecclefiaftical Judges, as they afterwards pretended ; for IVtlltam only 
 ordain'd, that his Judges fhould decide fuch Caufes not by the Civil Law, but 
 according to that Decree, which, without this Conftitution, would not have been 
 obligatory upon his Subjefts, becaufe the Ecclefiaftical Canons had not as yet 
 acquir'd that Force and Authority in the Courts of Juftice, which, by long Cuftom, 
 they afterwards obtain'd in the new Dominions of Chriftian Princes ; but that they 
 might be obferv'd in the Tribunals, and have the Force of Laws, the Prince was 
 forc'd to command it. 
 
 I N like Manner the other Conftitution, which we read in the fame firft Book, 
 under the Title Ubi Clericiis m Makficiis debeat convcnirt, ought to be attributed to 
 iVtlliam II. and not to IVtlliam I. This, with another, which we read in the third 
 Book, under the Title de Adulteriis coercendis, was made by IViUiam II. at the 
 Defire of Walter Archbifhop of Palermo % by which the Pcrlbns of the Clergy of 
 his Kingdom, with refpedl to criminal Matters, were exempted from fecular Jurif- 
 didtion, andfubjedled to that of the Church, which was to judge them accordinp to 
 the Canons and Ecclefiaftical Laws j excepting only the Crimes of Felony, and 
 
 Decree, lib. f. tir. 16. cap. 6. 
 
 Tucini degli Ammir. psig. 41. 
 
 7 N 
 
 thof«<
 
 5 po The Civil History of Book XII. 
 
 thofe, which for their Heinoufnefs, concern'd the King's Majefty, the Cognizance 
 ofwhich he would have to belong to his own Courts. 
 
 NEVER-THELESS the other Conrticutions which follov/ in the fame firft 
 Book, under various Titles, arc iVilliam Vs. We have the firft under Title 59, 
 bv which Officers are forbid to imploy others to officiate for them in their Employ- 
 ments, and particularly the Lord Chief Juftice, and other inferior Juftices were not 
 to appoint Deputies for exercifing their Offices, and the Offenders were to be 
 punifh'd capitally. The fecond \s under x.\\e'X\t\& De jiiraineiitis non remiltcndis a 
 Bajiilis, whereby any of thefe Officers, who, out of Favour, or for Money, dif- 
 penfed with the Oaths, or other Proofs in Law Suits, which by the Judges they had 
 been order'd to take, were fin'd in a Pound of Gold. The third under the Title, 
 De Officio Magtfiyt Camerarii, was made to prevent Confufion amongft the Officers, 
 and to inform each of them of their Duty in their feveral Stations. By which Con- 
 ftitution it wasordain'd, that the High Chamberlain fhould take Cognizance in Civil 
 Matters only, and not in Feodal, which belong to the High Court, and the Chief 
 Juftices ; and that the Differences that might arifc betwixt Bailiffs and Tax- 
 oatherers under his Jurifdidion, ffiould be decided by him ; and that Appeals of 
 Caufes decided by the ordinary Judges, (hould be brought before him, whofe 
 Decrees he might either confirm or annul, as he ffiould think juft : From whom 
 there was no Appeal to the Chief Juftice as formerly, but only to the King. 
 
 THE Fourth, under the fame Title, orders the High Chamberlain, with the 
 Advice of the Bailiffs to make Affizes of all vendible Things, in every City and 
 Place under his Jurifdidlion. 
 
 THE Fifth, which we read under the Title De Officio Secretin is Local, and 
 regards the Province of Calabria^ whereby it is ordain'd, that the Office of Secre- 
 taries and Tax-gatherers of that Province flnould be perform'd by the Chamberlain 
 thereof And in the Sixth, which follows, the ftid Secretaries and Receivers (^f the 
 Rents are particularly injoin'd to have a watchful Eye on the Treafures that (hould 
 be found, and to apply them to the King's Ufe, and to take Care of all Shipwrecks, 
 becaufe if the Maftersof the Veflels were dead, and had no lawful Heirs, the Goods 
 belong'd to the King. And they were likewife to take Care of the Goods of thole 
 who died Inteftate, and had no lawful Succeflbrs, and to give the third Part of the 
 Price of their hereditary Eftate to the Poor, to pray for the Soul of the Deceas'd, 
 and all the reft was to be apply 'd to the King's Ule. 
 
 THE Seventh, under the fame Title, ordains the Juftices, Chamberlains, 
 Caftellans and Bailifl^s, to be diligent in aflifting and advifing the faid Secretaries 
 and Receivers, in every thing that was for the King's Advantage. 
 
 THE Eighth, which we read under the Title De praftando Sacramento Bajulis, ^ 
 
 Cavierariis, deferves to be minded ; for the King prefcribes to the Chamberlains and 
 
 Bailiffs, how they ought to adminifter Juftice to his Subjeds. He ordains them to 
 
 adminifter it according to his own Conftitutions, and thofe of his Father Roger , and 
 
 wherein thofe fail'd, according to the approv'd Cuftoms of his Dominions, and laftly, 
 
 according to the common Longohard and Roman Laws ; which is a Proof, that in 
 
 this Prince's Time the Longobard haws were in Force, and obferv'd in this Kingdom, 
 
 and were look'd upon to be as much the common Laws, as the Roman were. V\ hence 
 
 it came that the firft Works which we have of our Lawyers, are upon the Longobard 
 
 Laws, and that Carlo diTocco, Contemporary with this irtlliafn, who, in the Year 
 
 1162, made him Judge of the High Court ', was at the Pains to comment upon 
 
 them ; in doing of which he made ufe of the Pandedts, and others of Juftiuians 
 
 Books : not that thefe had acquir'd the Force of Laws in this Kingdom ; but becaufe 
 
 the Longobard Laws were not reputed fo barbarous and unpoliffi'd, feeing many of 
 
 them were conformable to the Laws of the Pandefts, which had inhanc'd the Study 
 
 of many, who began to defpife the Longobard Laws. Neither did IVilliam mean 
 
 any other thing by the common Roman Laws, but thofe that, before the Pandeds 
 
 were found in ^4malphis, had continu'd by Tradition amongft our Country- People ^ 
 
 for tho' in the other Cities of Italy, as being publickly taught in their Academies, 
 
 they began to be quoted in the Courts of Juftice, yet hitherto in thefe our Provinces, 
 
 there being as yet no publick Schools till the Time of Frederick II. they not only 
 
 had not acquir'd any Authority of Laws, nor were quoted in the Courts ^ but 
 
 ' Top. de Orig. Al. C. cap. to. 
 
 thev
 
 Book XII. f/^^ K I N G D o M c/ N A P L E S. 591 
 
 they were not fo much as taught, and cxplain'd, as they were in Bologna^ Mihvr,^ 
 and the other Cities of Italy ; and Caufes were for the moft Part decided according 
 to the Longobard Laws, as is clear from thole two Sentences formerly mention'd by 
 IIS, and recorded by Pc/legrimn, the one in the Reign of King Koga; the other in 
 that of H'dli.vn II. And this is (b certain, that it was not fo much as allow'd to 
 have recourfe to the Laws of the Pandefts, when the Lougobard fail'd ; which is 
 evident from the Commentaries of the faid Carlo dt Tocco ', wherein he has this 
 Queftion, As the Child fucceedcd to the Mother, whether, or no, could the Mother 
 fucceed to the Children ? he fays, that the Longolard Laws have eflablifh'd nothing 
 on this Head, whence the Mother, as a Cognate^ ought to be excluded ^ for accord- 
 ing to thefc Laws the y^;/^rfj only fucceed, and that therefore a new Law behov'd 
 to be made to make her capable to fucceed to her Children, juft as was pradis'd 
 amongft the Romans, who, in order to make a Mother capable to fucceed, were 
 fbrc'd to ertablilh it by a Senatus confiilttmi. \\ hat need then would there have 
 been of this new Law, if the Dcfedl of the Longobard Laws could have been fupplied 
 by the Laws of the Pandedts •> In the Time then of this IVilliani, the common Laws 
 of the Roi/iaus were notthoie that were contain'd in the Pandeds, but thofe that had 
 continued among the People, which, after the Roman Empire was extindl, they 
 kept up rather as ancient Ufiges, than as written Laws, the Books ofjujiiiiian not 
 being known in thefe Provinces for many Ages after, and it was very long before 
 they recover'd their ancient Authority and Force in them, which was owing rather 
 to Cufl:om than any Conftitution of a Prince commanding it, as fhall be clearly feen 
 in the Courfe of this Hiflory. 
 
 IV I LL lAM's ninth Conftitution, which we read under the fame Title, runs all 
 upon the Duty of the High Chamberlains and Bailiffs. It prefcribes the Number 
 of Bail'fFs and Judges in each City and Place of the Province, and orders the 
 Chamberlains not to put thefe Offices to Sale, but to give them to deferving and 
 faithful Perfbns, over whom they were to have a watchful Eye, and obferve their 
 Proceedings ; and to fee that Juftice was faithfully adminiftred, and the Provinces 
 well govern'd. 
 
 THE Tenth, which we have under the Title De qnxjiionibus inter Fifcum S 
 Privatum, ordains the High Chamberlains to take Cognizance of all Caufes, except- 
 ing Feodal, both Perfonal and Real, betwixt the Exchequer and private Perlbns, 
 with the Afnftancc of the Juftices, in the Prefence of the Attorney General. 
 
 THE Eleventh, under the Title De cognitione Caufx coram Bajtilis, gives Power 
 to the Bailiffs to take Cognizance, within their Jurifdiftion, of all Civil Caufes, as 
 well Perfonal as Real, excepting Feodal Caufes ; and to take Cognizance of petty 
 Larceny, and other leffer Crimes, which were not punifhable with Mutilation of 
 Members. 
 
 THE Twelfth, which we read under the Title De fure capto per Bajidum, orders 
 the Bailiffs, when they have taken any foreign Thief, to deliver him over with the 
 Goods into the Hands of the Juftices ; and if he belong to the Diftrift, they are like- 
 wife to deliver him over to the Juftices, but his moveable Goods are to be confign'd 
 in the Hands of the King's Treafurer of that Place. 
 
 THE Thirteenth, under the Title De Bajttlortim Officio, injoins the Bailiffs to 
 fee that a juft Price be put upon vendible Things, and irremiHibly to exad: the 
 Fines of thofe who fhall fell contrary to the Aflizes, or who fhall be found to have 
 falfe Weights and Meafures. 
 
 THE Fourteenth, under the Title De poena negantis depofittim, 'vel mutimmy 
 punifhcs fcverely Pawnbrokers, or thofe who refufe to reftore to the Owners, Goods 
 lent or pledg'd. 
 
 THE Fifteenth, under the Title De Clericis conveniendis pro poffej/ionibus, quai 
 non tenent ah Ecclefia, defcrves more Attention than all the reft. In it is decided, 
 that if the Clergy be fucd for any Poffeflions, Tenements, or other Goods belong- 
 ing to their Patrimony, which has not come to them by the Church, but fbme other 
 way, fuch Caufes fall under the Cognizance of the Secular Court of the Place where 
 the Poffeflions are fituated, tho' they fhould objed: againft it ; only the Secular 
 Judges are forbid to feize on their Perfbns, or imprifon them ; but they are to put 
 their Sentence vigoroufly in Execution againft the Goods in Queftion. At the Time 
 
 ' Carol, dc Tocco in 1. fi Sororcs if. verb, fi propinqul In fin. de Succcf Ub. 2. tic. 14. 
 
 that
 
 5 9 i The Civil History of Book Xlt. 
 
 that this Law of IVilliams was publifh'd, it fecm'd to be no ways irregular or extra- 
 vagant ; nor even fince, in the Time of Marino Caramaiiko, an ancient Commen- 
 tator on thefe Conftitutions, w ho found no Fault with it. But in after Ages, wheii 
 the Canon Law of the Decretals began to infill other Maxims into the Minds of our 
 Lawyers, it appear 'd to be very odd and monftrous. Andrea d'Jfcnira, who wrote 
 in thefe Times, did not ftick to lay that fuch a Conftitution was good for nothing, 
 but ought to be look'd upon as null and void, as levell'd againft Ecclcfiaftick Per- 
 fons, and the Immunity of the Church. He adds, that the Legiflator is mifiiaken, 
 that confiders the Quality and Circumftances of the Goods, and not of the Perfon, 
 forafmuch as Goods take their Quality from the Perfons, and thefe are fued, and not 
 the Goods. He likewife calls thofe ignorant, who fay that the Pope and the Church 
 of Kviije approv'd of thefe Conftitutions j for he lays the Confirmation does not 
 appear, and tho' it fhould appear in general Terms, yet it could not be laid that the 
 Pope had approv'd of this Conftitution, and if he had been requir'd to approve of it 
 in particular, he would have refus'd to do it. But from what we ha\'e laid in the 
 preceding Books, when we had occafion to treat of the Ecclefiaftical Polity, we may 
 eafily perceive how little Truth is in what d'lferuia advances. 
 
 THE Sixteenth, which is the laft of this Prince, by Pietro delle Vigne plac'd in 
 the firft Book of the Conftitutions of the Kingdom, under the Title De Officio 
 Caftellanormn^ contains nothing elfe, but an Order to the Caftellans, and their under 
 Officers, not to exatt any Thing from Prifoners that have not rcmain'd a Night 
 in Prilbn ; and if they did remain a Night, they were to pay half a I'arine, and 
 no more. 
 
 WE have none of King ///7//i??«'s Laws in the Second Book, but in the Third 
 we firft meet with the Seventeenth, under the Title De Dotariis conjiitiiendis, where- 
 by 'tis ordain'd, that Wives, after the Death of their Husbands, in order tofecure 
 their Dowries to the Heirs, (hall fwear Fealty to the Lords of the Baronies of whom 
 their Dowries are held. 
 
 THE Eighteenth, which has for Title De Fratribiis ohligantlbus partem Teudi 
 pro dotibus fororutn, allows Brothers who have no moveable or hereditary Goods, to 
 mortgage a Part of the Fief for Portions to their Sifters ; and moreover, if they have 
 three or more Fiefs, to give one of them for that fame Purpofe ; but in allthele Cafes, 
 when either the Fief is mortgag'd, or alienated, or let apart for the Sifters Portions, 
 the King's Conlent muft always be obtain'd. And beiides. Matrimony cannot be 
 contra<5led without his Aflent and PermilTion, otherwife all is void and null ; which, 
 as we have faid, gave Occafion to the Barons of the Kingdom to complain of the 
 grievous Yoke impos'd upon them by this Law, which hinder'd their giving their 
 Daughters or Sifters in Marriage without the King's Aflent ; but for all that, Frederick, 
 for the Realbns we have already alledg'd, when we had Occafion to treat of Roger's 
 Laws, would confirm it ; for the Law was not grievous in what it prelcrib'd, but in 
 the bad ufe which William made of it, who, out of Covetoufnefs to have the Fief 
 devolve to himlelf, was inflexible, and would not give his Conlent to luch Mar- 
 riages, whence proceeded thole Complaints and Troubles which happen'd in the 
 Reign of this Prince. 
 
 THE Nineteenth Law of Ifilliam, under the Title De Adjutoriis exigendis ah 
 hominibiis, delerves to be carefully minded ; for in it we meet with many Things 
 worthy of Oblervation. Firft it checks the Covetoufnels of the Prelates, Counts, 
 Barons, and other Feudatories, who, upon the moft trifling Occafion, extorted 
 exorbitant Subfidies from their Vaflals ; whence IVtlliciii, being relblv'd to eafe them 
 from this Opprefilon, lettles the Cafes wherein they could juftly claim them. The 
 Cafes are thefe. I. For ranfoming their Superior, when taken by the Enemy fight- 
 ing under the King's Banner. IL When the Superior had a mind to inroU a Son in 
 the Army. IIL When he was to give his Daughter or Sifter in Marriage. 
 IV. when he was to buy Ibme Place, that would be of Service to the King, or his 
 Army. The Cafes which he eftabliflies, wherein the Prelate can juftly claim Sub- 
 fidies from their Vaflals, are likewile very remarkable. I. For their Conlecration. 
 II. When they Ihall be call'd by the Pope to aflift at any Council. III. For the 
 Service of the King's Army, if they are in it. IV. When they fhall be lent for by 
 the King ; where 'tis to be obferv'd, that in thefe Times it was never call'd in 
 Queftion if Princes could fend for Prelates, nor did they make s.ny DiflRcuky to obey 
 fuch Calls, as they began to do in later Times ; tho' in our Kingdom our Princes 
 
 have
 
 Book XII. //jff K I N G D o M 0/ N A P L E S. 59 j 
 
 have always maintain'd that Powerj and expell'd thofe who dar'd to difobcy. 
 V. If they (hall be fciit by the King any where for his Service, which frequently 
 happen'd, for they were employ 'd in the Affairs of the Crown. And Laftly, When 
 the King had occafion to lodge upon their Lands. In all thefe Cafes the Prelates 
 were allow'd to exact Subfidies from their Vaflals, but 'tis fubjoin'd in the fame 
 Conftitution, that they ought to do it moderately. 
 
 THAT other, which we read under the Title De Novis cedificiis^ tho' in fome 
 Editions it bears the Name o( Roger ^ and in others that o£ Fl'illiar/i, yet 'tis plain, 
 that it belongs neither to the one nor the other. The Author of it was Fre- 
 derick II. which is evident from thefe Words, ab obitu diva: memorae Regis Gulielmi 
 coufobrim jwjiri, by which Frederick means Ifilliavi il. who was his firft Coufin, as 
 being Son oi IFilltam I. Brother oiCoiifiantia the Islothtv oi Frederick. 
 
 THE Twentieth, under the Title De Servis^ ^ aucillis ftigiti'vis, by which 
 IVilliam prohibits the entertaining of Servants who have deferted their Mafters j and 
 in cafe they be taken, he ordains them to be delivev'd up to their Mafters, if they 
 be known ; if not known, he orders them to be deliver'd over to the Bailiffs, who 
 are immediately to fend them to his, the King's High Court, otherwife the Tranf^ 
 grelfors, even the Bailiffs themfclves, are liable to lofe their whole Subftance, which 
 is to be applied to the King's Ufe ; but Frederick in the Conftitution De Mancipiis^ 
 gives a Year for the Mafters to recover them after they are fent to the High Court. 
 
 THE laft, under the Title De pectiiiia iii'vetita in rebus alienis. If thefe Laws 
 which we have hitherto mention 'd (hew this Prince's Greedinefs to heap up Riches, 
 and to impofc fo many pecuniary Muldts, whereby he might inrich his Treafury, 
 this, which we are now going to give account of, makes it much more evident. 
 From the Year 1161. IVillmn had made Laws, that whoever fhould find a Treafure, 
 It was to belong to the King '. In this he ordains, that whoever fhould find Gold, 
 Silver, precious Stones, and other fuch like Things, that were not his own, fhould 
 immediately carry them to the Juftices, or Bailiffs of the Place where they were 
 found, who were prefently to tranfmit them to his High Court, otherwife they were 
 to be punifh'd as Robbers. Declaring likewife in general, that whatfoever (hall be 
 ■found in his Kingdom, the Owner of which cannot be found, fhall belong to himfelf. 
 He would have what follows to be thought an Adl of Piety, to wit, that if in the 
 Space of a Year, any Perfbn fhall prove that he was the true Owner of the Goods 
 found, they were to be deliver'd to him, but after that Time was expir'd, they were 
 his own. Frederick II. in the following Conftitution approves of the Law, and adds 
 only this, that the found Goods were to be kept by the Juftices and Bailiffs of the 
 Counties where they were found, becaufe he thought it was unjuft to oblige the 
 Owners to go to the High Court to prove that they were theirs, becaufe it mio-ht 
 coft them perhaps more than -the Value of the Goods. 
 
 THESE are the laws of William I. which Frederick was pleas'd to retain and 
 add to his own, and thofe of his Grandfather ; for the other, which we read under 
 the Title De Adidteriis coercendis, whereby, if no Violence has been us'd, it is 
 remitted to the Ecclefiaftical Judges to take cognizance of the Adultery, with which 
 the Emprefs Omftantia comply 'd by her Letter recorded by Ughellus^ is neither 
 Roger\ nor this IVillianis^ but William II. his Son's, which will be clearly feen when 
 we come to treat of the Laws of that Prince. 
 
 SOME likewife fay, that it was William who firft inftituted the Tribunal of the 
 High Court ; neither is it to be doubted, that in the Year 11 62. Carlo di I'occo^ who 
 commented on our Longobard Laws, was one of the Judges of this High Court. But 
 as that is true, {o neither can it be denied, that the High Court in King William'i 
 Time, was that which he eredted in Palermo.^ the Place of his Royal Refidence, but 
 not that, which in the Reign oi Frederick II. and that of Charles I. oi Attjou, was 
 eftablifh'd in Naples. In William's Time Naples was no more look'd upon than any 
 other City of the Kingdom ; but Saleriio,and Bari (before it wat demolifh'd) were the 
 topCitJes. And tho'fomefay that this Prince fortified Napleswith two famousCaftles, 
 njiz. the Capiian againft the Aggreffors by Land, and that of Uiyvo againft thofe by Sea j 
 yet others will have Frederick to be the Founder of them : But none can deny that 
 Frederick II, began by Degrees to make this City the Head and Metropolis of all 
 
 ' Bardi, torn- 3. Cron. fol. 3^9. 
 
 n Q «htf 
 
 :>'" 
 
 '■r-
 
 594 
 
 , the Civil History o/, (^c 
 
 Book XIl. 
 
 the reft, as well by jntroducing the Univerfity, as the High Court and Mint, after- 
 wards call'd Camera Sunimarta ; and that it was not a Royal Scat before the Reign 
 oi Charles I. oiAnjott^ when all the Affairs of the Kingdom were tranfaded in Naples^ 
 which at laft rais'd it to be the Head and Metropolis of all the other Cities, as (hall 
 be feen in the Courfe of this Hiftory. 
 
 I N the Time of the laft 'Norman Kings, there was not a City in thele Provinces, 
 that could be faid to be the Head of the reft. Each Province had its own Juftices, 
 Chamberlains, and other particular Officers, none of which intermeddled with the 
 Affairs of the others. Neither was the Number of Provinces in thefe Times incrcas'd 
 to twelve, as it was afterwards (if we may believe Sorgente ') in the Time of 
 Frederick, but our Country was divided into Diftrids, according to the Juftices that 
 were fent to govern them ; whence they took the Name of Gtiijiizierati, or Jurif- 
 didions, and afterwards into Provinces, and govern'd by Prcefides, which will be 
 better underftood in the following Books of this Hiftory. 
 
 I Surg. Neap, illuftr. cap. 24. n. 2. 
 
 SHE
 
 C 595 ] 
 
 
 THE 
 
 CIVIL HISTORY 
 
 Of the Kingdom of 
 
 NAPLES. 
 
 BOOK XIIL 
 
 H E Death of IViUiam I. and the Acccflion to the Throne 
 of IVilliam II. his Son, made the whole Kingdom ealy j 
 for the graceful Behaviour, and Generofity of the Youth, 
 fb gain'd him the Love and good Will of every Body, 
 that even thole who had been his Father's bitter Enemies, 
 refolv'd to be moft faithful to him, being iatisfied that the 
 Death of the Father had put an end to all their Troubles, 
 and that they ought not to impute the Tyranny of the 
 Father to the innocent Youth. In the mean time Q^ueen 
 M.ir^^aret his Mother, having aflembled all the Prelates, 
 and Barons of the Kingdom, caus'd him to be folemnly crown'd in the Cathedral 
 Church of Palermo^ by Komualdo Archbifhop of Salerno : At which Solemnity, 
 befides the Prelates and Barons, a vaft Number of the Inhabitants of the City 
 were prefent, and after the Coronation was over, with great Marks of Love and 
 Gladnels, accompanied him to the Palace. And the Qiieen, becaufe of his tender 
 Age, not yet Twelve Years of Age compleat, who had taken the Charge of the 
 Government of the Kingdom upon lierfcif, in order to rivet in the People the Love 
 they bore her Son, caus'd all the Prifoners to be fet at Liberty, and order'd all 
 thofe that had been banilh'd by the King her Husband to be recall'd, and among 
 
 tha
 
 596 The Civil History oj Book XIIL 
 
 the reft ^aucyed Count of Lecce, and remitted many heavy Taxes that had been im- 
 pos'd upon the People, for which end fhe wrote to all the Chamberlains of Puglia^ 
 not to exadl for the future that inlbpportable Burden, call'd Rede),iptio?i/s, which 
 had reduc'd thefe Provinces to the utmoft Dcfpair '. She reftor'd to their Baronage, 
 thofe who had been depriv'd of it, and granted it to many others, and with a 
 liberal Hand, made many Donations to fundry Churches. 
 
 BUT her having, contrary to the laftVVilJ of her Husband, indifcreetly ad- 
 vanc'd Gaito Pietro, and made him Superior in the Government to Mattco Kotiijo, 
 and the Eledt of Syracufa^ by giving him the w hole Charge of the Kingdom, oc- 
 cafion'd new Difturbances at Court ; for the other Courtiers envying his Greatncls, 
 prefum'd too much upon the King's Youth, and little minding the unfettled Govern- 
 ment of a Woman, they began to make a Revolution in the King's Family, which 
 was carried on by the Advice oi Gentile Bifhop of yfgrige?itOy who having ingratiated 
 himfelf with the Archbifhop of Reggio^ contriv'd the Ruin of the Eleft of 
 Syracafe, and at the fame time brib'd Matteo Kotajo j and they put Matters into 
 fuch Confufion, that Gaito Pietro was forc'd to fly for Protedion to the King of 
 Morocco. But thefe Quarrels (after various Turns, which Falcaudo gives us at 
 length) being over, and the Eled: ftanding his Ground, icon after Ambafladors from 
 Emajitiel Emperor of the Eaft arriv'd in Palermo, to renew the Peace with the 
 young King, and offer him Eraamieh only Daughter in Marriage, and the Empire 
 for her Portion 5 the Ambafladors were kindly receiv'd, and the Peace renew'd ; 
 but the Marriage could not then be concluded, on account of the many Difficulties 
 that occur'd in the Treaty. 
 
 I N the fecond Year of IVilliants Reign fome Troubles happen'd both in Sicily 
 and Pnglia, not occafion'd by foreign Powers, but by the Quarrels of the Courtiers, 
 and fome Barons, who got the High Chancellor Stefano dt Parzin, Son of Count 
 di Parzio, a Kinfman to the Queen (who had invited him out of France, and, 
 after many Turns, had given him the Charge of the Government) to perfuade the 
 King to leave Palermo, and go to Mejfina, where he would be at hand to fettle 
 Matters in Ptiglia. But thefe Commotions in Sicily and Ptiglia were but Trifles, 
 and eafily fupprefs'd, in comparifbn of thofe in Lombardy, and of the War ready 
 to break out betwixt Pope Alexander III. and the Emperor Frederick Barharojfa ; 
 for both Sicily and Puglia were fbon reftor'd to a peaceable State. The Eyes of 
 every Body were now fix'd upon the Emperor Frederick, who, with a great and 
 powerful Army had march'd into Italy, to make War upon Pope Alexander and the 
 Romans, who, in a difordcrly Manner, charging a Body of Frederick's Army too 
 boldly, were routed, a great many kill'd, and as many taken Prifoners, the reft 
 with Difficulty having got within the Walls o{ Rome. The Pope, and all the People 
 were in great Perplexity, and the Emperor, who had already taken Ancona, hearing 
 of this Vidtory, and being determin'd to march into Puglia, came with the reft of 
 his Army direftly to Rome ', and having made a brisk Attack upon the Gate of 
 Caftle St. Angela, he afterwards aflaulted St. Peters Church, but not being able to 
 take it eafily, he let fire to it j which fb terrified thofe within, that they immediately 
 furrendered, and Alexander, ftruck with Fear, quitted the Lateran Palace, and fled 
 to the Houfe of Frangipani, where he with all the Cardinals fortified themfelves in 
 a Tower of the Cbartulary. 
 
 THE Emperor the Sunday following, at a folemn Mafs in St. Peter's Church, 
 caus'd hinafelf to be crown'd with the Royal Crown, by his Anti-pope Odone da 
 Crcma, and the Monday, being the Feaft of St. Peter tn Vtnctilts, the fame Anti-pope 
 crown'd him with the Imperial Crown, together with his Wife Beatrice. 
 
 OUR IVtlliam maintain'd the fame Friendfhip and Correfpondence with the Pope, 
 as his Father had done, infomuch that Alexander was not in the leaft offended that 
 William had been crown'd without his Knowledge, which his Predeccflfors would not 
 have taken in good Part ; and having heard of the great Straits the Pope was in, 
 and Frederick's Refblution to march into his Kingdom of Ptiglia, immediately dii- 
 patch'd from Meffina, where he now was, two of his Gallies with a great Sum of 
 Money to Alexander, in order to bring him from Rome j the Gallies unexpedledly 
 arriving in the 'Tyber, much comforted the Pope, w ho, unwilling as yet to leave the 
 City, kept the King's AmbaflTadors with him for Eight Days, and then fent them 
 
 ' Hug. Fakan. ^ Baron, ad an. 1167- 
 
 back 
 
 1
 
 Book XIII. the Kingdom of NAPLES. ^(^y 
 
 Back to their Mafter with a fincere Acknowledgment of fo feafbnabJe a Relief He 
 gave part of the Money to the Fraugipaiii, and part of ic to Pier Leoiir, that thereby 
 they might be enabled the more relblutely and bravely to defend the City. But 
 perceiving afterwards, that the Emperor was refblv'd to turn him out of the Papacy 
 and that the Romans began to ftagger, having put on a Pilgrim's Habit, with a few 
 of his Followers he left Kojue, and fled to Gactd, whither being foon follow'd by his 
 Cardinals, he re-affum'd the Pontifical Habit, and went to Benenjoito. 
 
 BUT foon after, Frederick was forc'd to return to Germany^ for his Army beino- 
 fciz'd with a deadly Peftilence, in the Space of eig^jt Days, the greateft Part of lii^s 
 Soldiers, and the principal Barons that he had broi^|^along with him died, amonf»ft 
 which were Frederick Duke of Bavaria, Count Vajion, Berc.ird Count oi ArleDionte 
 the Count of .S)?//!?, Rf/Vw/c^ Archbifhop of Cc/o^w, with his Brother, and the Bifhop 
 oi Verdun \ fo that he arriv'd in Germany with a imall Number. 
 
 I N the mean Time new Troubles and Commotions had arifen in Sicily, ftlll occa- 
 fion'd by the Courtiers, and the old Domelticks of the King's Houfhold, which 
 not being to the Purpofe of our prefent Hiftory, we willingly pals over in Silence ; 
 fo much the rather, that they have been minutely tranfmitted to Pofterity by Ugone 
 Falcaiido, and with great Care lately colledted by Francefco Capecelatro, in his Hiftory 
 of the ATcvrWi?// Kings, and by Agojiino Invegcs in his Hiftory of P^/^r/wo. At this 
 iame Time happened likewife the famous Confpiracy of the Sicilians, againft Stefano 
 di Parzio the Chancellor, whom they oblig'd at laft to leave Pakruw, and fly to 
 Paleftine, where he died : The Hiftory of this Confpiracy is written by Peter of 
 Blois, Archdeacon of Battona, a moft renown'd Man, who came out of France to 
 Sicily, with Stefano, and was for a Year the young King's Preceptor, and then his 
 Secretary and Counfellor ; and being elecled Archbifhop of Naples, his Enemies 
 took that Opportunity to get him to be rcmov'd from Court, upon which he 
 renounc'd the Archbifhoprick. Being Valetudinary he continued Ibme Time in 
 Sicily after the Chancellor's Departure ; and tho' he was intreated by H'tlliani to 
 fpend the reft of his Days there, promifing ftill to have a great Regard for him, yet 
 juch was the Abhorrence he had to the Sicilians and their Ways, and their ill Ufagc 
 of the Chancellor, that by no means could he be perfuaded to ftay. He was one of 
 the moft learned Men of this Age, and we have as yet many of his Works, and a 
 Volume of Letters '. Ugone Falcando, a Sicilian, having begun his famous Hiftory 
 from the Death of King Roger in the Year 1154, brings it down to this prefent 
 Year 11 70. where P^frr begins his learn'd Hiftory of fifteen Years, with {o much 
 Elegancy, that 'tis furprizing, how, in lb rude Times, he could write fo politely. 
 
 I N this Interim died in Rome, Guide da Crcnia, the Antipope, call'd Pafcal III. 
 who, by the Means of the Emperor Frederick, had been created in the Place of 
 Odaiianus ; and his Fadion, not willing to fubmit to Alexander, this Year 11 70. 
 immediately chofc a Third, who was a certain Jo^w Abbot of Strumi, a Hungarian^ 
 whom they call'd Calliftus III. tho' Alexander, who ftaid in Beneuento, was then 
 acknowlcdg'd for true Pope by all Chriftians, excepting the Emperor and fome of 
 h\s Germans. Alexander Itft Beneicnto and went to Rome ; but the Romans hemg 
 offended with him, becaufe he had receiv'd into Favour the Count of 'Tufculo their 
 declar'd Enemy, would not receive him, whereupon he return'd to Gaeta, where 
 he remain'd for a long Time ; from thence he went to Alagna, where he fix'd his 
 Refidence. 
 
 1 N the mean Time the Emperor Emanuel fent new Ambaffadors to King William^ 
 who concluded a Marriage betwixt him and Juramutria their Emperor's Daughter, 
 and fix'd the Time for conducing her by Sea to Piiglia ; and the King, with his Brother 
 Henry, Prince of Capua, loon after went to Taranto to receive the Bride ; but the perfidious 
 Greek, for what Reafon 'tis not known, flighting the contraded Marriage, did not lend 
 the young Lady. Some ' make no mention of this Fad, but lay, that Ifilltam, in 
 order not to difguft the Pope, refus'd this Marriage. However that may be, IVilliam 
 left Tarantu, and went to Bcnevento, from whence he fent the Prince his Brother, 
 who had been taken ill, to Salerno, from thence to go to Palermo in the Gallies for 
 the Recovery of his Health, which did not avail him, for he was no Iboner arriv'd, 
 than he died, in the Thirteenth Year of his Age, An:io 11 72. He was with great 
 
 ' V. Chioccar. (Ic Archiep. Neap, anno ii63. I ^ Pirri, accoriiing ro Invegcs, lib. ;. hift. 
 p. Tirin. torn. J- in S. Script, iti indice au£l. j Pal. Rex ncc Emanuelis Grsci Impcratoris 
 
 ' filiam, Icoramutriam nomine, ducerc voluit. 
 
 7 P Pomp
 
 598 
 
 The Civil History of 
 
 Book XI ir. 
 
 Pomp interr'd in the Sepulchre of his Grandfather R-oger^ in the Cathedral of 
 Palermo, and from thence fome Time after tranfportcd to the Church of Monreale, 
 where his Tomb is to be feen at this Time '. 
 
 I N this Heury ended the Norman Princes of Capua, who held this Principality 
 114 Years, reckoning from the firft, who was Kichard Count o{ Averfa, in the Year 
 1058, to this Henry Son of Ullliaiii I. in this Year 1172, when their Succeflion 
 fail'd ; for U'lUiam II. having no Sons, he could not continue the Cuftom of his 
 Father and Grandfather Ro.^fr, who made one of their Sons Prince o^ Capua; and 
 tho' 'tis probable that King I'^mcred would have continued the fame Cuftom, yet 
 wanting Children, and being inv(»h''d in Wars, and living but a fliort Time after, 
 could not do it. And the Kings his SuccefTors, abolifh'd this Principality and 
 Dynafty altogether ; for tho' in the Publick Deeds they kept up the Name of Prin- 
 cipality, which was continu'd to be pradis'd to the Year 1435. in the Reign of 
 Queen Joan II. ' ; neverthelcfs, excepting the Name, the Principality was quite 
 extindt, and thofe who afterwards pofTcls'd Capua, were neither in Dignity nor 
 Dominion to be compar'd with thefe Princes. 
 
 HE NKT's Death very much afflidied Jl'ilUaui, who foon after went to Sicily^ 
 where having affembled a ftrong Army, he gave the Command of it to Giialtteri di 
 Moac, afterwards his Admiral ', and ient him to Alexandria in Egypt, to affift the 
 Chriftians againft Saladin. And this King relblving to out-do his Predeceflbrs in 
 Piety, employ 'd a Part of the Treafure which they had heap'd up, in building a 
 magnificent Church upon an Eminence call'd Monreale, not far from Palermo, which 
 he beautified with Marble and Mofaick Work ; and having endow'd it with great 
 Revenues, confifting of many Cities, Caftles, and rich Farms, and furnifh'd it with 
 rich Veftments, and coftly facred Utenfils, he dedicated it to our Lady, under the 
 Name of Santa Maria Nova, and gave it to the Fathers of the Order of S. Benedict. 
 Neither ought we to forget in this Place, that the firft who had the Charge of this 
 Church were the Monks of the Monaftery of the Cave, who were invited from our 
 Provinces to Sicily by IVtlliam ; and who, on account of their great Sandlity, were 
 much refpedted by the Norman Princes, eipecially King IVtlltam. This Church foon 
 became famous, for befides the Sanftity of the Monks employ'd in Divine Services 
 there, by the Advice of Matteo Great Protonotary of Sicily; now, according to 
 Riccardo da S. Germane, Vice-Chancellor of the Kingdom, IVilUam obtain'd of Pope 
 Alexander III. that the faid Church (hould be fubjedt to no Archbifhop, Bifhop, or 
 any other Ecclefiaftical Perfon, but to the Pope alone, and afterwards got it to be 
 ereded into an Archiepifcopal See by Pope Lucius III. Matten did all this out of 
 Spite to U'alter Archbifliop of Palermo, in whofe Jurifdidion this Church was, who 
 in procefs of Time knew well how to revenge himfelf, as fhall be told. The firft: 
 Archbifhop of Mowre^/f, was IVilUam a Monk of the Monaftery of the Cave, who 
 had formerly been Prior of it. This Place, on account of this famous Church, draw- 
 mo many People to live in it, in a ftiort Time became a renown'd and rich City ; 
 and at this Time its Prelate is one of the richeft and moft confiderable in Sicily. 
 
 U 
 
 ' Camil. Pellegr. in Stem. Princ. Cap. Norm. 1 
 in Caftig. ad Anonym. Caffin. anno 1172. I 
 
 ' Idem, in Dlflert. in ; par. in Append. 
 ' Capecelatr. hift. lib. 3. 
 
 'Sip 
 
 CHAP.
 
 Book Xllf. 
 
 the Ki tic DOM of NAPLES. 
 
 59? 
 
 CHAR I. 
 
 William Us. Marriage with Joan, 'Daughter of Henry II. King 
 of England. The Emperor Frederick 'j Army defeated by the 
 'People of the Milanefe 5 whereupon the Emperor made Peace 
 with Tope Alexander III. 
 
 N the mean Time the Emperor Frederick of Suevia had march'd again 
 into Italy with a great and powerful Army, and begun a cruel War 
 in Lombardy ; and while he was carrying on this War with alternate 
 Succefs, confidering that the King of Sicily was very powerful, he 
 endeavour'd to break off the Friendfhip betwixt him and the Pope, 
 and to get him to enter into an Alliance with himfelf ; for which end 
 he fent I'riftan his Chancellor, this Year 1176. to offer IVilliam his Daughter in 
 Marriage, and to perfuade him to enter into a perpetual League ". But the King 
 confidering, that this Marriage and this Peace would be very difagreeable to Alex- 
 ander^ and detrimental to the Affairs of the Church, rejected the Emperor's 
 Offer. Frederick highly inrag'd at this Rebuff, immediately wrote to Germany for a 
 Reinforcement of Soldiers for fubduing the Lombards, who were mak;in<j a brave 
 Refinance, and order'd i'riftan his Chancellor to attack the Kingdom of Puglia with 
 his Army. In the Beginning of the Summer Pbtlip Archbifhop of Colo^n^ with 
 many other great German Barons, and a flrong Body of gallant Soldiers, join'd tlie 
 Emperor near the Alps, and march'd towards the Milanefe, in order to burn and 
 deflroy that Country ; but being met by the Army of the Confederates, a cruel and 
 obftinate Rattle enfu'd, in which the Germans were defeated, and the greateft 
 Part of them kill'd, and Frederick being difmounted, was in great Danger of his Life 
 and with much ado, with a few of his Men, got into Pavia, where he found the 
 Emprels, who not having heard any News of him for four Days, had given him over 
 for Dead, and was bitterly lamenting the Lofs of him '. I'riftan, who had come to 
 attack Puglia, and was encamp'd about the Village of Ccllc, being met with by 
 1'uncred Count of Lecce, who had been recall'd from Exile, and was in great Favour 
 with the King, and Roger Count of Andria, with many other Barons, and a good 
 Body of the Natives of Puglia, was repuls'd, and forc'd to return without being able 
 to do any Thing. 
 
 IN the mean Time Jl'illtam, who had been difappointcd in his Marriage 
 with the Daughter of the Emperor of the Eafl, and had refus'd the Daughter 
 of the Emperor of the WefV, being now Twenty-three Years of Age, and left alone, 
 began fcrioufly to think of Marriage ; fo that by the Advice of the Pope, he fent 
 Elia Bifhop of 'Troja, Armilfo Bifhop of Capaccio, and florio CameroM the fuftice, 
 to Henry II. King of England, to demand Joan his Daughter in Marriage ; the 
 Ambaffadors were kindly receiv'd by the King, who having convened his Barons in 
 Parliament, with their Advice he confcnted to the Demand, and concluded the 
 Marriage K And the Lady immediately let out, accompanied with the Archbifhop 
 
 ' Romuald. Arch, de Salern. apud Baronium : | 
 Uc ipfe Imperaroris filiam in uxorcm acccptam, I 
 cum eo pacem perpecuam faccret. ' 
 
 ' Sigon. de R. Iral.anno 1176. 
 
 ' Roger. Hovcnden'; yJnittilt 0/ England.
 
 <^oa ^/-'^ C 1 V I L H I s TO R Y of Book Xllf. 
 
 of Torkf and other Englijlj Lords as far as the City of S. Ezjdio^ where (he was 
 receiv'd by Alfano Archbifhop of Capua, Kiccardo Bifhop oi Syraciifa, and Roberto 
 Count of Caferta, with Twenty-five Gallics, under the Command of Giial.uri di 
 Moac Admiral, and condudted to Naples, where they celebrated the Feaft of Eafier. 
 But the young Lady loathing the Sea, went by Land through Salerno and Calabria, 
 and having pals'd the Straits of Meffitia, landed m Palermo, where fhe was magnifi- 
 cently receiv'd by the King her Husband, and die Marriage being fblemniz'd, fhe 
 was crown'd Queen of Sicily. 
 
 I T was at this Time that the Archbifhop of Palermo, who hnd perform'd all thefe 
 Funftions, taking hold of this favourable Juncture, begg'd of the King, that the 
 Crime of Adultery might be punifh'd by the Bifhop of the Dioccfs where it was 
 committed, and that the Prelates might take Cognizance of the Offences of the 
 Clergy; lb that at his Rcquefl that Conflitution was made hy ll'illiam, which we 
 read in the Volume of our Conftitutions, under the Title De Adiilteriis ccercendis^ 
 which by a Miflake of our Writers is attributed to IVtlliain I. his Father. But if we 
 may give credit to Inveges ', who has recorded a Privilege granted by iniliam fbme 
 Years before, dated in y^pril 1172, and diredlcd Comitilus,- Jufticiariis, Barcntbus, 
 ^ tmi'verfis Bajiilts, qui fimt in Parochia, & Dioscefi Archicprfcopatus Panormi^ by 
 which the King ordains, that the Crime of Adultery be tried within the Jurifdidion- 
 of /r^/^fr Archbifhop of Palermo. And indeed in the Reign of Queen Coiijiantia, we 
 find, that the Cognizance of this Crime belong'd to the Ecckfiafticks, which after- 
 wards came to be difus'd, and they had only the Cognizance of the Crimes of the 
 Clergy of their own DiocefTes. 
 
 A T this Time the Kings were wont to appoint Dowries for their Wives, lb that 
 William appointed Queen Joan her's ; and in the Supplement made by the Abbot 
 Giovanni, to the Chronicle of SigisLert, we have the Writ appointing this Dowry % 
 wherein the Cities of Monte S. Angelo and Vefli, with their Tenements and Appur- 
 tenances, are granted to this Queen for her Dowry ; and befides, the King gave 
 her the Ellate of Count Gaufrido, to wit, Lejina, Pefchici, Vico, Caprino, Varavo, 
 Jfcbitella, and all that the Count had in the County of Mo7ite S. Angelo. She likewife 
 got Cadelaro, Santo Chierico, Cajiel Pagano, Bifentivo, and Conavo. As alfo the 
 Monaftery of S. Giovanni in Lama, and the Monafl:cry of Santa Maria di Piilfano, 
 with all the Tenements which the faid Monafteries held in the forefaid County of 
 Monte S. Angelo. 
 
 THE Emperor Frederick, after having receiv'd Co great an Overthrow from the 
 People of the Milanefe, began lerioufly to confider, that he was not able to maintain 
 a War againft the Lombards, when he had both the Pope and King IVilliam his 
 Enemies ; therefore, at the earneft Defire of his Barons, who proteftcd that they 
 would no longer follow him, if he did not reconcile himfelf with tiie Pope; he 
 plainly, without any Fraud, refblv'd to make Peace with Alexander; and becaufethe 
 Negotiations of this Peace, and the Pope's going to Venice, are varioully related by 
 the Modern Writers, who having ftuff'd their Hiflories with many Fables, have 
 pav'd the Way for Painters to take the fame Liberty, therefore we fhall trace the 
 moft accurate Writers, and elpecially the moft cxaft Capecelatro, and Agoftino 
 Inveges, who have more narrowly than others, fearch'd after thefe Events in con- 
 temporary Authors, and particularly from the Hiftory of Komnaldo Archbifhop of 
 Salerno, who was prefbnt at the Treaty as King IVtlliam's Ambaffador ; and it 
 ought not to feem tedious, if we give a minute Narrative of thefe Tranfadtions, as 
 they really happen'd, becaufe they will be found not to be extraneous or foreign to 
 our Purpofe, but rather very proper or pertinent to it. 
 
 THEREFORE Frederick being refblv'd to make Friends wkh Alexander, lent 
 his Ambaffadors to Alagna, the Place of his Refidence, to ask Peace of him ; the 
 Ambaffadors were the Bifhop of Magdeburg, the Archbilliop of Mentz, the Eled: of 
 Worms, and the Protonotary of the Empire, four Men of great Worth, and who 
 had been often employ 'd in fuch Affairs. Thefe having laid open their CommifTions 
 to the Pope, after various Conferences, which laflcd fifteen Days, at lail: in a manner 
 ad'iufled the Differences betwixt him and their Mafler ; but when they infifted that 
 all the Differences betwixt the Emperor and the People of the Milanc/e, and the 
 Cities of Lombardy, might be made up, they found they could not put the lafl 
 
 ' Invcghift. Palerm. torn. 3. A. 1172- ' V. Hovenden Ann Anglis. Capec. hift. lib. 3. 
 
 Hand 
 
 t
 
 Book Xlll. f/je K I N G D o M 0/ N A P L E S. 601 
 
 Hand to the Peace, without the Prefence of the Kmperor, and Deputies of the 
 faid Cities ; therefore it was concluded, that the Pope fhould go immediately to 
 Lombardy, to have an Interview with Frederick^ and that free Palfa^e and a Safc- 
 Conduft fhould be given by each Party, to all that had a mind to \o to the Place 
 where the .Meeting fhould be appointed, and to remain there, and depart at their 
 Pleafure, without any Moleflation. For which end the Pope fent Cardinal Ubaldo 
 Bifhop of Ofiia, Ktnaldo Abbot oi Monte Cajfmo, Cardinal of S. Marcellnw and 
 Pietro of the Race of the Counts of Marfi^ to take the Oath of the iimperor and of 
 the Confederates, that they would obferve the Safe-Conduft, and to agree' upon a 
 Place for the Interview • and it was appointed by both Parties to be in the City of 
 Bologna. The Pope likewile fent his Legates to defire King IVilliarn to fend fomc of 
 his Barons in his Name to be prefent at this Interview ; becaufe he did not intend 
 to conclude a Peace with the Emperor, if he, who had been io fledfall a Supporter 
 of the Intereft of the Church, was not alfo comprehended ' ; upon which Mcffage 
 the King prefcntly fent Romualdo Archbifhop o( Salenw, Author of this Relation, 
 and Kuggerio Count of yliidria. High Conftable, to be prefent in his Name at all 
 that fiiould be traiifaded. Then the Pope left y^lagiia, and by the Way of Cam- 
 pania came to BeneientOy and from thence went to Siponti and f >/?;, where, with 
 many Cardinals, and the faid Ambaffadors, he took Shipping in the Gallies ready 
 prepar'd r'or him by King IVilliaiu^ and had a pleafant Voyage to V^ince, where 
 being honourably receiv'd, he was lodg'd in the Monaftery of S. Niccolo del Lito, 
 and the next Day was conduced by the Doge and the Patriarch, and a great 
 Number of Bifhops, with a vafl Multitude, to the Church of St. Mark, and from 
 thence went to the Patriarch's Palace, which had been magnificently prepar'd for 
 his Lodging and Entertainment. 
 
 T H E Emperor Fredsnck hearing of the Pope's Arrival in Venice, fent thither 
 the Bifhop of Mjgdel/urg, the Eled of Worms, and his Protonotary, to defire that 
 he would be pleas'd to pitch upon another Place for the appointed Interview, becaufe 
 he, the Emperor, had a great many Enemies in Bologna. To which Alexander 
 anl wer'd. That that Place had not only been fix'd upon by him, the Emperor, but 
 alfo by the Ambaffadors of both Parties, and by all the confederated Lombardsy 
 therefore, without the Confent of all, he could not alter it ^ but, that the common 
 Peace might not be retarded, he caus'd all the Deputies to be conven'd in Ferrara^ 
 whither he likewife went himfelf, and call'd a Meeting in the great Church dedicated. 
 to S. George ; where, in the Prefence of them all, he made a long Speech about the 
 Affairs of Peace. And the Emperor having fent leven Ambaffadors, the Pope 
 appointed as many Cardinals, and the confederated Lombards deputed the Bifhops of 
 'I'l'.rin, Bergamo, and Como, the Ele(9: of Afti, Gerardo Pcfce a Mtlanefe, Goezzo a 
 Judge of Verona, and Alberto Gammaro a Brefcian, who, after various Difputcs, at 
 which King li'illiam's Ambaffadors were alfo prefent, with common Confent aoreed, 
 that the Interview fhould be in Venice. 
 
 THE Pope immediately difpatch'd Ugone da Bologna, and Cardinal Kamicri, 
 with fbme Lombards to the Doge, and People of Venice (the Government being then 
 lodg'd in the Nobility and People, and not as now in the Nobility only •) to defire 
 them to engage themfehes, that he, and all tholb in Company with him for treating 
 of a Peace, might freely enter their City, remain in it, and depart at their Pleafure, 
 without fuflfering any Damage or Detriment in the leaft, and that they would not 
 fuffer the Emperor to enter without the Pope's Confent j the Venetians, without 
 taking much Notice of the laft Part of the Demand, granted Alexanders Requeff, 
 and he immediately left Ferrara, and return'd to Venice. Now the Congrefs for a 
 Peace was open'd, but many Difficulties and Differences arifing, it was not likely to 
 be eafily concluded ; therefore the Pope, that the Trouble they had already been at 
 might not prove fruitlefs, propos'd, that there fhould be a Truce with the Lombards 
 for fix Years, and with the King of Sicily for fifteen ; to which the reft agreeing, the 
 Emperor's Confent was only wanting to finifh it ; and the Chancellor having gone to 
 the Emperor with this Propofal, at firft he rejeded it ; but he afterwards confcnted, 
 upon Condition that the Pope fhould reftore to the Empire the Eitate of the 
 Countefs Mathilda, which Alexander would by no means agree to ; thus was the 
 
 ' Romual. Archiep. Salem Nequaqtumcum | ^ V. Lo Squictinio dclla libcrta Vcncta di 
 Impcratore fine Regc Wll- paccm t'accre. ' M. Velllro 
 
 7 Q^ Time
 
 6oi The Civil History of Book XIII. 
 
 Time fpnn out ; for the Emperor was at Pompofo, near to Kavenna^ and a great 
 deal of Time was fpent in fending Meflengers on every Incident that happen 'd, and 
 waiting their Return ; therefore, at the Requeft of the Chancellor, and the reft of 
 the Emperor's Ambafladors, the Pope confented that Frederick fhould come to 
 Chiozza, a Place diftant only Fifteen Miles from Venice, and that without his Liberty 
 he fhould come no nearer. But Frederick wasnofboner arriv'd at Chiozza, than (brae 
 of the Populace of Venice went to wait upon him, and tell him not to delay to come 
 to the City, becaufe by his Prefence the Peace would be concluded to his Advantage, 
 and they would do their utmoft to let him in. 
 
 I N the mean time the Pope had fent his Legates to Chiozza, to tell the Em- 
 peror, that if he was refolv'd to make a Truce for Six Years with the Lombards, and 
 for Fifteen with King Iftlliam, they would take his Oath, and then with his BlelTing 
 he mi"ht come to Venice. But Frederick, pleas'd with what the Populace had offer'd 
 him and waiting till they Ihould perform their Promife, pretended that it was a 
 new Propofal, and requir'd Time to be confider'd ; thus from Day to Day he de- 
 lay 'd "iving his Anfwer ; fb that the Cardinals fulpedting that the Emperor was 
 hatching fome Trick, were fo much puzzled, that they knew not what was fit to be 
 done ; and the Populace of Venice, refolving to perform their Promife to Frederick., 
 affembled in the Church of St. Mark, mutinied againft the Doge, and cried out, 
 that it wasa fhameful Thing, to fuffer the Emperor to be fcorch'd with the Heat of 
 the Sealbn, tormented with Gnats and Fleas, by not allowing him to enter Venice, 
 which Injury would ftick in his Stomach, and fome time or other be retaliated upon 
 them and their Children ; and therefore the Repubjick ought immediately to invite 
 him to come, and they would have it fo ; the Mob having thus fpoken with great 
 Boldnefs, the Doge anlwer'd them, that the Senate had fworn to the Pope, that the 
 Emperor fhould not be fuffer'd to enter Venice without his Confent ; but this Excufe 
 not weighing with the Mob, he was forc'd to give way to them, and to fend fome 
 of their own Number to tell the Pope, that they had a Mind to bring the Emperor 
 into Venice ; accordingly they went, and finding the Pope afleep, without a moment's 
 Delay, irreverently awak'd him, and having infblently told him their Errand, it 
 was with great Difficulty that the Pope could perfuade them to delay the Emperor's 
 coming till the next Day. 
 
 THE News of this Fadt was quickly fpread over all the City, and the Lombards 
 and others, who were there negotiating the Peace, afraid, that if the Emperor fhould 
 come into Tmf^ againft the Pope's Will, he would make them all Prifbners j and 
 now diftrufting the Faith of the Venetians, they all left that City, and went to 
 ^riviz,i- But King Williams Ambaffadors, nothing ftartled at what had happen'd, 
 went'immediately to the Pope, and bid him take Courage and be afraid of nothing, 
 for they had four well arm'd Gallies, with which they would carry him, in fpite of 
 the Venetians, whither he thought fit, and this would be a Warning to him not to 
 truft to the Venetian Faith another Time j then they went to the Doge's Palace, 
 where having found him with a great many Venetians, they began to upbraid them 
 with the Favours their Mafter had done them, which did not deferve fuch Ufage, 
 and faid, if they had known that they were to allow the Emperor to come into their 
 City without the Pope's Leave, they would have return'd to give their Mafter an 
 Account of the Wrong done him, who knew how to do himfelf Juftice. But the 
 Doge little minded this menacing Speech, though he endeavour'd to foften the Am- 
 baffadors with fmocth Anfwers, by affuring them, that they needed not to be afraid 
 of the Emperor's coming ; yet they return'd to their Lodgings in great W^rath, and 
 at parting told the Doge, that they would ufe all Means to get their Mafter to 
 revenge himfelf fuitably to the Injury done him ; and order 'd the Gallies to be 
 ready to depart next Morning. This Converfation being told amongft the Venetians, 
 frighted them terribly, for they were afraid that if the Ambafladors fhould go 
 away in fuch Difguft, King William would imprifbn all the Venetians that were in his 
 Dominions. Therefore a great Number of thofe who had Relations in Puglta, in a 
 tumultuous Manner, went to the Doge, and told him, that for pleafing the Emperor, 
 from whom they reap'd no Advantage, it was not fit to incenle the Ambaffadors, 
 and their Mafter King WiUiavi, from whofe Dominions they drew fb great Profit, 
 which would indanger both the Lives and Eftates of their Rcl.itions, who were 
 fettled there ; moreover they defir'd the Doge to let them know, who they were 
 
 that
 
 Book XIII. f/:7^ K I N G D o M 0/ N A P L E S. 601 
 
 that had advis'd to allow the Emperor to come to Venice, before he had concluded 
 the Peace with the Pope, that they were ready with their Arms to revenge it. 
 
 THE Doge and Senate, findmg this obftinate Refolution, and fearing that if 
 the Citizens flioiild once take up Arms, the Refult would be Sedition fent fome 
 Perlons of Diiliindion to beg of the Pope to pardon the Trouble he had met with 
 and by all means keep ll'illiaifi's Amballadors from departing : But thele leeming 
 fix'd in their Rcfolutions, notwithftanding the Intreaties of the Pope and the Doge 
 occafion'd, that the next Morning a Proclamation, by order of the Republick was 
 publifh'd on the Kia/to, forbidding the Emperor's coming into the City lb much as 
 to be mention'd by any Perlbn, till the Pope fhould firft order it. 
 
 A S ibon as Frederick, was appriz'd of this at Cbiozza, feeing himfelf dilnppointed 
 he began to fpeak more favourably of the Peace to the Cardinals that were with him •' 
 and bcfidcs, the Chancellor, and the other German Barons having told him plainly 
 that it was necefiary to make Peace with Alexander, and to acknowledge him for 
 lawful Pope ; they at laft pcrluaded him to fend Henry Count of Diefj'a, with the 
 Cardinals to Venice, to promife upon Oath, that as loon as he fliould enter the City 
 he fhould fwear and confirm the Truce with the Church, the King of Stctly, and the 
 Londards, exadly in the fame Terms, as it had been llipulated by the Deputies of 
 both Parties. 
 
 THIS being executed by the Count, the Venetians, by order of the Pope, 
 went with Six Gallies to wait on the Emperor, and conduded him to theMonafterv 
 of St. Nicolas, and the next Day Alexander hearing of his being come, went with all 
 the Cardinals, King IVilliams Ambafladors, and the Lombard Deputies, to the 
 Church of St. Mark, and fent three Cardinals to Frederick, to ablblve him, and all 
 his Barons from the Cenfures of the Church. Then the Doge, with the Patriarch, 
 accompanied by all the chief Noblemen of Venice, went to St. Nicholas's Church, 
 and having taken the Emperor aboard of their Gondolas, in great Pomp, conduced 
 him to St. Alark'sChurch ^ where a great Multitude had conven'd to lee this famous 
 Sight : And Frederick as loon as he landed, immediately fell down at Alexander's 
 Feet, who was fitting in his Pontificalibus, amidft the Cardinals and other Prelates, 
 in the Portico of the Church, and laying afide the Loftinefs of Imperial Majefty, 
 he threw off his Mantle, and proftrated himfelf before him, with his Body extended 
 on the Ground, humbly adoring him : At which Aftion the Pope being mov'd 
 with Tears in his Eyes, rais'd him from the Ground, kifs'd and biels'd him ^ and 
 then the Germans finging 7e Deiim, they both enter'd the Church ^ from thence, after 
 having receiv'd the Pope's Benedidtion, he went to lodge in the Doge's Palace, and 
 the Pope, with his Followers, return'd to his former Lodging. 
 
 THUS in the beginning of Atiguft of this Year 1177, the Truce betwixt 
 Frederick and the Lombards for Six Years, and betwixt him and King William for 
 Fifteen, was concluded, ratified and fworn to, not only by Frederick, but alfo by the 
 Count of Diejfa, and Twelve Barons of the Empire, in the Name of Henry his Son. 
 On the other Side, it was likewifc fworn to by the Archbifhop Komiialdo, and Rur- 
 giero Count of Aiidria, King II illiam's Ambalfadors, who promis'd that their Maffer 
 Ihould ratify it in two Months Time, and it was alfo fworn to by Twelve of his 
 Barons : For which end Frederick fent Ambalfadors to Sicily, who arriv'd at Barletta 
 the Ninth Day of Augufi this Year 1177, from thence they went to Palermo, and 
 were honourably receiv'd by the King, who in his Name deputed Rtigs^iero dell' 
 Aquila, and Eleven other Barons, to fulfil his Oath ; and the Deputies of the Cities 
 of Lombardy having taken the fame Oath, the Congrefs broke up, and every one 
 return'd joyfully to their own Lodgings. 
 
 THE Peace betwixt the Pope and Frederick being thus fettled, the News of it 
 Ibon reach'd the Anti-pope's Fadion, who likewife yielding, came and threw them- 
 felves at Alexanders Feet, renounc'd the Schifm, and were gracioufly receiv'd into 
 his Favour: And John Abbot of Strumi, the Anti-pope, by his Fadion call'd 
 Calliftus III. the Year following 11 78, having left Monte Albano, whither he had 
 retir'd, came to I'lifcolo, whither the Pope had gone from Venice, and alfo proftrated 
 himfelf at his Feet, and ador'd him as true Pope, which put an end to the Schilhi 
 that had lafted for Seventeen Years running ; and the Pope created John, Arch- 
 bifliop and Governor of Bencvento, where loon after he died of Grief 
 
 1 N the mean time the Pope and Emperor had left Venice, the Emperor, who 
 went firft, had gone to Ravenna, and the Pope being conduded by four Venetian 
 
 Gallic-s,
 
 6o4 ^he Civil History of Book XIIL 
 
 Gallies, landed at Sipotito, and from thence by the way of 7^-oja and Bcnevento, 
 went to Alagua : And fhortly after, being invited by the Romajis, on the Feaft of 
 St. Gregory, he made his Entry into Roriie, and wasreceiv'd with great Pomp. And 
 the Ernpcrofj after a Ihort Stay at Rafeima, went to Lombardy, and from thence to 
 Gervic.ny. 
 
 THUS ended thefe Tranfadions, which are varioufly reported by the Modern 
 Hiftorians, and particularly by fome Sic:liauSj who have fo ftuff'd their Volumes 
 with innumerable fabulous Stories, that Agojlino Imcges himfelf, a Palermitan, gives 
 no manner of Credit to them. I could find no better Voucher for fuch Fads, than 
 Koniv.aldo Archbifhop of Salerno^ of Royal Norman Blood, and a Prelate of great 
 Worth, who, as King IViUianis Ambalfador, was perfonally prefent at all the 
 Tranfadions, and who, in his Chronicle, has tranfmitted them to Pofterity, and 
 deferves to be more credited than any other Writer on that Subjed. 
 
 S E C T. I. 
 
 7'he Dominion of the Adriatick Sea. 
 
 AL L that Story then, of Alexanders going to Venice in the fhnm Habit of a 
 Pilgrim, is Fabulous , and what is yet more ridiculous, is, that he continued 
 there for a long Time dilguis'd, and ferv'd as a Cook. And what thefe Writers 
 make Alexander fay to Frederick^ when he proftrated himfelf at his Feet, and 
 Frederick's Anf\ver, was no lefs abfurd. The Sea-fight, which they have invented 
 betwixt the Venetian Fleet, and that fiditious one of the Emperor, who, at that 
 Time, had no Naval Forces, and their having made Otho liis Son Admiral, who, 
 according to Sigonius, could be no more than five Years of Age, and a Thoufand 
 other forg'd Adventures, unhappily maintain'd by Cornelia Frangipane, in that 
 Allegation^ which is now printed in the fixth Tome of the Works of P. Paolo the 
 Servite, are all Dreams. 
 
 AND what they have written of Pope Alexander's having granted on this 
 Occafion to the Venetians, the Dominion and Keeping of the Adriatick Sea, from 
 whence the Solemnity of marrying that Sea every Year on Afcenfion Day, has its 
 Rile, is no lefs Romantick ; as if it had been in Alexander s Power to give the Do- 
 minion of the Seas, as other Popes pretended to give that of the Land j fuch Ex- 
 travagance is not to be credited of Alexander, who was very moderate, and knew 
 very well the Bounds of his Power, and if Frederick was a\erfe to him, and had 
 often Difputes with him, it was only becaufe he unjuftlv would not acknowledge 
 him to be true Pope ; and the Cities of Lomhardy taking advantage of this Dilcord, 
 gave Rife to fb many Qiiarrels and Mifchiefs wherewith the Church of Kome was 
 miferably afflided for Seventeen Years. 
 
 THIS Truth was well known to that moft grave Hiftorian Gtiicciardini ', who 
 likewife writes, that this Grant of Alexander s is not to be found in Hiftory, nor 
 lupported by any Teftimony, but that of Ibme Venetians, which, being in their 
 own Caufe, and of fuch Confequence to them, deferves no Credit. But the 
 Venetians who are more wife, and knowing in the Tranfadions of pad Times, 
 have even rejeded this falle Opinion of their Country-men, and their famous 
 Divine and Counfellor of State Fra. Paolo the Servite, in his Treatife of the Domi- 
 nion of the Adriatick Sea, has endeavour'd at large to prove, that the Venetians are 
 Lords of the Gulf, not by the Grant of Alexander, or other Popes or Emperors, 
 but by a Title coetaneous with the Republick, and by the Lawyers call'd Pro de 
 veMto ; pretending, that the laft Emperors of the \\ eft being diverted by various 
 Undertakings, and wanting Naval Forres to defend the Gulf, abandon'd it, and 
 did not trouble themfelves about the PoffcHion of it, whence it came to pafs, that 
 the Venetians growing afterwards powerful at Sea, and finding the Gulf without a 
 Mafter, poflefs'd themfelves of it, and have ever fmce maintain'd the Dominion of 
 it againft all Oppofcrs. 
 
 ■ Guicc. lib. 8. hift. Ital. 
 
 BUT 
 I
 
 Book XIII. the Kingdom 0/ N A P L E S, 605 
 
 BUT allowing the Dominion of the Sea, like that of the Land, to be acquirable, 
 and not repugnant to Nature, as the incomparable Hugo Grotius argues at large in lii^ 
 Mate literinn ; and granting what John Scldeii writes to the coiurary in liis Book, 
 which in oppofition to Grc-m^^, he intitled Mars clatijum ; our Forefathers furcly 
 on better Grounds, claim'd the Dominion o£ the yidriiitick Sea, as belonging to the 
 Kings of SialYj and not to the Republick of J'enice^ by a much better Title than 
 the I'enettaus pretend to ; for no Prince ever abandon'd that Gulf, but always had :c 
 in his Head to recover it when loft, as foon as he found himfelf able to compafs it ; 
 the Normans had conquer'd it from the Greeks, who, upon the declining of the 
 Weftern Empire, were Mafters of all thofe Gulfs that furroundcd thcfe our Pro- 
 vinces ; and 'tis beyond all Controverfy (as is clear from the preceding Hiftory) that 
 to the Time oi Cbarles the Great, the Greek Emperors were Mafters of the Adriatick^ 
 and frequently fent their Fleets thither, to maintain their Dominion in Puglia^ 
 againft the Invafion of foreign Nations ; yea, the Venetians often join'd with the 
 Greeks againft Charles the Great, and Pepin his Son, who were feeking to wreft from 
 them the Dominion of the Adriatick ; and Pepin was once fo inrag'd againft the 
 Venetians for affifting the Greeks with Men and Money, that after having chas'd thern 
 out of the Adriatick, and deftroy'd their Fleet, he purfu'd them to the very furtheft 
 Creeks of the Gulf, and took a great Part of their City, which was then made up 
 of many fraall Iftands ; and the Venetians would have been utterly ruin'd, and. 
 fubjedled to the Dominion of Peptn King of Italy, if Charles the Great, his Father, 
 had not difapprov'd of it, given them Peace, and laid the Blame of their Confe- 
 deracy with the Greeks on the Dukes, and not on the Venetians '. 
 
 THIS War however prov'd very advantageous to the Venetians, fof a great 
 Part of thofe People that liv'd upon the Banks of the many Channels and Shores 
 (which were fubjedt to Venice, and were Parts and Members of that City) leaving 
 their Habitatiorts, came and {ettled upon Sixty fmall Iflands about Rialto, which 
 being join'd together by Bridges, in Time became a great and magnificent City, 
 where the fupreme Authority was lodg'd in the Dukes and Senate. 
 
 THE Normans having afterwards driven the Greeks out of Sicily, PiigUa and 
 Calabria, 'tis not to be doubted but our Princes, at their Pleafure, fcour'd the 
 Adriatick Sea with ftrong Fleets ; for, not to mention a Hundred other Inftances, in 
 the Year 1071, when the famous Duke Robert Gnifcard was invited by his Brother 
 Roger to come t<D his Affiftance, in the Siege of Palermo, he, as Lupus Protofpata 
 writes % went with a powerful Fleet of 58 Ships, and crofs'd the Adriatick. And 
 after all thefe Provinces came under the Dominion of the Normans, the famous 
 King Roger I. not content with fuch great and boundlels Conquefts, became much 
 more powerful at Sea than the Emperors of the Eaft themfelves, and carried his 
 viftorious Flag not only into Dalmatia, Thrace, and to the very Gates oCCoafi.vi- 
 tinople ; but his powerful Fleet crols'd over to Africa, where he conquer'd botli Cities 
 and Provinces. There was not a Prince in the World in his Time, that was lu- 
 perior to him in Naval Forces, with which he had frequent Occafions to fight 
 againft thofe of the Emperor of the Eaft (who was allb powerful at Sea) and 
 always came off vidtorious. His Power at Sea may likewile be known, by the 
 many Fleets which he maintain'd j for one Admiral not being fufficient to have the 
 Charge of them, he was forc'd to make many, over which he put one, who was 
 therefore call'd Admiratus Admiratorum ; fuch as George of Antioch, High Admiral 
 in the Reign of Roger, and Majone in that of his Son IVtUiam. And fo great w.u 
 the Power of thefe Norman Kings in thofe Days at Sea, that there was no Harbour 
 in their Dominions, that (befides the Provincial Admiral) had not other inferior 
 Officers fubordinate to the Admirals, whofe Bufinefs was to overlee the Buildinc' and 
 Repairing of the Ships and other Veffels, and to aflign them Stations for the Protcdioii 
 and Freedom of Commerce, and Security of the Sea Ports along all the Coafts of 
 their Dominions ^ and there being many Harbours on the Coaft of Pue^lia, which is 
 of the greatcft Extent on the Adriatick, (in which the Fleets from Sicily were wont 
 to ftielter themfelves) that Gulf, in the Reigns of Roger, the Two IVilltams, and 
 their Succeffors, was alwas guarded by the Ships and Fleets of thclc Kings ; but the 
 Ports moft frequented in Time of Naval Expeditions, were thofe of Vcjh, BarUtia, 
 
 ' V. Paul.Emil. de reb. Franc, lib. ;. . AJriatici Maris pelaguj, pcrrexitquc Siciliam 
 
 ^Anr^ 1071. meiilc Julii. Dux tranfmcavic I cum 5S navibus. 
 
 7 K- ^rani.
 
 6o6 
 
 The Civil History of 
 
 Book XIII. 
 
 SrVflM/, Bifceglia, Tilo/fetta, Giovenazzoy Bar't^ Mola and Mo>iopoli, befides thofe of 
 BrimiiJIf Otr.vito, Gallipoli and 'Taranto^ almoft all in tlie Adriiitick ; the Pilgrimages 
 to the Holy Land, were often made from the Adriatick. The Fleets of the Em- 
 perors Fi-edertck and IJciiry, ftopp'd in the Ports of the Adriatick ; and the Army 
 fbr Syria was tranfported from thence, and in fine, all the Expeditions to Greece and 
 the Levant^ went from this Gulf 
 
 AND though in the Reigns of the Princes of the Family of Anjou, the Power 
 of the Kings of Sicily was not ib great, yet the Two Charles's of Aiijoii, and the 
 other Kings of that Race maintain'd powerful Fleets at Sea, infomuch that they had 
 the Command of that Gulf at their Pleafure. 
 
 IN later Times, and particularly under the Kings oi the y^>*<7g;o« Family, when 
 our Sea Forces were much decreas'd, and on the contrary, thofe of the Venetians 
 much increased ; the Venetians having the Freedom of the Gulf, without being 
 difturb'd by the Fleets of any neighbouring Prince, pretended to the Dominion of 
 it, and took upon them to give Laws to thoie who navigated it ; not to fuffer arm'd 
 Fleets to enter it ; to claim all Prizes taken in it, and that none could carry on Com- 
 merce there without their Permiflion ; and by the Weaknefs of the neighbouring 
 Princes, they came to that Height of Boldneis, as not to fuffer other Fleets to 
 navigate the Gulf, infomuch that to the great Reproach of the Spaniards, when 
 Mary, the Sifter of King P/?/////) IV. was to be married to Ferdinand King of Hungary y 
 the Emperor's Son, and came to Naples with a great Number of Gallies, and a 
 Pomp fuitable to i'uch great Princes, in order with the fame Spauifi) Fleet to pafi thro' 
 the Adriatick for I'rieftc -, the Venetians, that it might not incroach upon their 
 pretended Right to that Sea, oppos'd it fo ftiffly, as to tell the Spaniards, if they 
 would not accept of their Offer, to convoy them with their Fleet, they might 
 depend upon it, that the Queen muft fight her Way through their Fleet to her 
 Wedding ; they were forc'd fhamefully to fubmit, and the Queen, by the way of 
 Abri'.zzo, went to Ancona, where fhe was receiv'd by Antonio Pifani with Thirteen 
 light Gallies, and landed at I'riejie '. To this low Pafs were our Sea Forces reduc'd 
 in the Reigns of the late Kings of Spain ; but with regard to the preceding Ages, 
 and efpecially the Time of the Norman Kings, thofe of Sicily, on better Grounds, 
 could boaft of the Dominion of that Sea, than the Venetians. Whence with us, 
 amongft the Manufcripts of the Royal Prerogatives, recorded by Cbioccarellt '; we 
 find one of the controverted Points is, whether the Dominion of the Adriatick Sea 
 bclong'd to the Venetians, or to the Kings of Naples. 
 
 Naai Hiftoria Veneta, lib. 8. A. i6;o. 
 
 Chioc. in Indice, torn. 2i. var. f. 
 
 CHAP.
 
 Book XIII. ^/;^ K I N G D o M 0/ N A P L E S, 6x^7 
 
 c^3p <?^'3P «^'2p "^'2)^ <?^2P <^-iy3 <^3k3 svr-'Vs <^^'3yi 
 
 dc-iG^ eCO^s cfe.j^s c^Ks cC5^» . cfe-Ks' <Jt^ <z^Ss V^S^ 
 
 CHAP. II. 
 
 The Expedition of the Sicilians h2to Greece. The Marrtage of 
 Conftantia to Henry King of Germany. The T)eath of King 
 William, and his Laws. 
 
 :U T to return to our IFilliajn, there are very few of this wife King's 
 ' Adions remaining upon Reccord ; for Archbifhop Komualdos Hiftory 
 ending here, and there being no other Authors of thefe Times, ex- 
 cepting the Chronicle of the Anonymous Monk of Cajfino^ which is 
 preferv'd in Monte Cajjino^ on which Camillus Pcllegrinus made fbme 
 Notes J and fome fhort Paflages written by Riccardoda S. GemtatiOy 
 Koherto del Monte^ and Nicetas a Greek Author ; all the other Adtions of this glorious 
 King, for the Space of Eleven Years, are almoft buried in the Darknefs of Anti- 
 quity. Some Things with great Care, have been fearch'd into by Capecelatro, and 
 the moft accurate Iiiveges, whom we fhall follow as the bell Vouchers. 
 ...IN the mean time Pope yllexander he'mg fix'd in Rome, relblv'd infbmemeafure 
 to remedy the by-paft Diforders, for which end, in the following Year 1 179, accord- 
 ing to the Anonymous Monk of CaJJim, and Pel'.egrinus ', he conven'd a Council 
 in the Lateran Church, wherein were prefent Three hundred Bifhops, befides Abbots, 
 and a great number of other Prelates ^ In this Council many Herefies that had 
 crept in amongft Chriftians, were condemn'd : Many Decrees were made for fup- 
 preOing the Covetoufnefs of thofe, who lent Money upon Ufury, by fixing lawful 
 Intereft ; and many others for remedying the late Confufions in the Church oi' Rome. 
 
 BUT the next Year 11 80, Alexander bent his Thoughts upon a more glorious 
 Enterprize : He wrote to all Chriftian Princes, Bifhops and Prelates of the Church 
 exhorting them to go to Palefiine^ and recover the Holy Land from Saladin the 
 Soldan of Babylon., a wife and gallant Prince, who had fucceeded his Father Saracen 
 and was oppofmg the Chriftians of thefe Parts. Henry King of England, and Philip 
 King of France., firft prepar'd great and numerous Armies for this Expedition ; but 
 Alexander, who, to his Praife, had mov'd the Chriftian Princes to this Undertaking, 
 did not fee it put in Execution, for about the End of the following Year 1181, in 
 the Month of September, he died in Rome, after he had been Pope for Twenty-two 
 Years. He was fucceeded by Ubaldo da Lticca, Cardinal of Ojlta, who took the 
 Name of Lucius III. 
 
 THE Emperor Emanuel had died a little before in Conftantinople, and was 
 fucceeded by Alexins his Son. In the mean Time our IVilltam, for Reafbns recorded 
 by Roberto del Monte ^, having made a Truce for Ten Years with the King of 
 Morocco, in the Year 1183, came from P^/erwo to our Provinces, where he vifited 
 Monte CciJJiiio, and by the Way of St. Gcrmano and Capua, return'd to Palermo'''. 
 
 ABOUT this Time was born in AJjifi, a City of Umbria, Francis, whole 
 Father was Pietro Bernardone, a Man of a mean Condition ; this Francis acquir'd 
 the F^me of a great Saint, and founded the Order of Mnwr Friars, v, hich prov'd 
 fo prolifick a Plant, that in procefs of Time it fiU'd our Kingdom with fo many 
 
 ' PeMegr. in C.iftlg. ad Anon. Caffin. A. r 179. 1 ^ Robert, dc Monrc ad ann. 1 180. 
 
 ^ Gulicl. T iiio lib. 21 . cap. 26. ' * PclJ. ad Caft. Anon, Caflii). anno 1 1S5. 
 
 Monad cries
 
 6o$ The Civil Histout of Book Xflf. 
 
 Monafteries of that Order, that their Number was not inferior to that of the Order of 
 S. Beuedi^, of which we (hall have Occafion to dilcourle, when we come to treat of 
 the Ecclefiaftical Polity of this Century. 
 
 SHORTLY after, this fame Year 1183. Queen Margaret died in Palermo, 
 who being a Lady of great Wifdom, had had a large Share in the Government of 
 the Kingdom, both during the Reign of her Husband, and that of her Son. She was 
 by the Order o( H'llliam buried with great Pomp in the Church of Monreale^ lately 
 built by him, dole by her two Sons Roger and Henry. She was a Lady of extra- 
 ordinary Piety, for fhe not only founded an Abbey on the Skirts of Mount Etna, 
 but inrich'd it with many Pofleflions, and gave it to the Monks of S. Boiedi^ j (he 
 alio gave a kind Reception to the Adherents of 'Thomas Archbifhop oi Canterbury, 
 who had been banifh'd by the King oi England. 
 
 I N the mean Time Saladin bore hard upon the Chriflians in Palefttne, and with 
 continual Wars had reduc'd them to a very miierable Condition ; whereupon Bald- 
 ivin, and the other Princes that were there, fent the Patriarch of Jeriijalem, the 
 Archbifhop of Tyre, and other Ambafladors to Rone, to follicit a fudden and 
 powerful AfTiftance againft io cruel an Enemy. The Ambadadors were kindly 
 receiv'd by Pope Lucius, whofent them to Henry King of England, and Pbilip K'm^ 
 of France, who, together wiih If illiam K'mg of Scotland, and many great Lords and 
 Barons o{ France and England, took upon them the Crofs, and made every Thing 
 ready for a Voyage to Syria. But while the Pope was daily prefling their Departure, 
 he was feiz'd with a fevere Sicknels, and died in Verona the 7th of December in the 
 Year 11 85, and was honourably buried in the Cathedral of that City, and quickly 
 fucceeded by Lawhsrto Cri'vello, a Milanefe, who call'd himfelf Urban III. 
 
 MEAN while great Infurredtions and Tumults happen'd in Conftantinopk againft 
 the Latin Inhabitants, by the Means of Androntciis tbe Tyrant, who reiblving to 
 deprive Alexis of the Empire, enter'd the City with an Army, furioufly attack'd the 
 Latins, and with Fire and Sword, fparing neither Age nor Sex, he cruelly burnt 
 them, together with their Habitations ; and the Churches, Priefts and Monks had 
 the fame Fate. This cruel and barbarous Ulage of the Latins excited our IVilliariis 
 Refentment ; for the Tyrant, not content with thefe Barbarities, had caus'd the 
 Youth Alexis to be ftrangled with a Bow-ftring, and had taken Pofleflion of the 
 Empire j therefore IVtUiam, this Year 1 1 85, affembled a great Army in Sicily, of 
 which he appointed Count Tattered General, who was afterward the fourth King of 
 Sicily, and lent it againft the Greeks, in a Fleet commanded by Margaritone his 
 Admiral, who took and pillag'd Durazzo, Thejfalonica, and many other Places, 
 where the inrag'd Sicilians committed all manner of Cruelty, without regard to any 
 Thing, Andronicus not daring to come out to oppole them, and put a Stop to lb 
 much Milchief The Greeks feeing themlelves ib barbaroufly treated by the Sicili.ms, 
 and that Andronicus did not leem to be much concem'd about their Aliferies, began 
 to hate him to that pitch, that they rais'd a Mutiny in Conftantinople, and imme- 
 diately dcpos'd him ^ and the incens'd Mob, who never ftop till they have gone to 
 the utmoft Excefs, not content with having depos'd him, flew upon him, and put 
 him to a fhameful and cruel Death. Jfachius Angelus immediately took PoflTeflioii 
 of the Empire, and having afTemblcd the Greek Forces the beft way he could, 
 attack'd the Sicilians with fuch Fury, that, according to Nicetas Coniata, a Greek 
 Writer, he put them to flight, and drove them out of Greece. 
 
 E U T the Want of Children very much afflidted King iniliam j for being now 
 nine Years married to Queen Joan, and (he ftill barren, he began ferioully to think 
 of the Mifchiefs his Kingdom would be expos'd to after his Death, if before-hand 
 he did not provide a Succeffor. There was no lawful Iffue of the Norman Kings left, 
 but Conjlantia the pofthumous Daughter of his Grandfather King Roger ; as for 
 Tancred, whom many Years before he had recalfd from Greece, and inveOed with 
 the County of Lecce, which belong'd to Robert his Mother's Father, he made no 
 account of him, but look'd upon him as a Baftard, tho' he was the Grandfbn of 
 Roger; yet, as we have laid, was not born in lawful Wedlock. Therefore th 15- 
 Princels was courted by many ; and Sigontus fays, that this fame Year 1185, the 
 Emperor Frederick, who in the Year 11 77. had enter'd into a fifteen Years Truce 
 with H'llliam, lent to demand her in Marriage for his Son Henry King of Germany. 
 Jlilliam, who had loft all Hopes of having Children, and being advis'd by Gtialtteri 
 Archbifhop of Palermo, conlented to the Match ; the Archbifliop hatching Mifchief 
 
 againft
 
 Book XIH. the Kingdom 0/ N A P L E S. 609 
 
 againft Mitteo V\c^-Ch-ined\or of Sictly, by wliofe Means tlic Church of Moiireah 
 had been fubftradcd from his Jurifdidion by King Il'iUjavi, as we have laid 
 thought this would be the only way whereby he n)ight be able to crufli Matteo his 
 Rival, as Ktccardo da S. Germano obferves ; for the Dominion of the Kingdom beins^ 
 to go to another Family with Conftautia, it was his Bufinels to have the iMirritcc 
 
 - - --- got 
 
 Willtciiii to conclude the Marriage with Henry ; and this Year 1186, being 32 Years 
 of Age, fhe was condudted from Palermo to Milan, where Henry was, and where the 
 JVIarriage was celebrated with great Pomp and Magnificence. 
 
 BUT this being a Piece of Hiftory which the Modern Hiftorians have intermix'd 
 with many Fable?, in order to fet it in a true Light, it will be proper to difcover 
 all their Errors. Some fay that Coaftantia was many Years a Nun in the Monaftery 
 of S. Sa'.vatore in Palermo^ being put there by her Father Roger ^ by realbn of a 
 fatal Prophecy of the famous Abbot Gio-vacbino Calabrefe, who, while fhe was yet a 
 Child, faid, that on her account there fhould be a great Fire kindled in Europe 
 that would prove the Ruin of her Family. 
 
 OT HERS ', confidering that this Story clafli'd with what the Authors of thcfe 
 Times with one accord have written, that Conftantia was born after Kefir's Death, 
 lb that the Abbot Giovacbino could prophecy nothing concerning hc'r at Koi[^ers 
 Defire before (he was born, fay, that the Prophecy was made at the Define of" her 
 Brother // <7//j;//, and not of her Father; and that her Brother being afraid of the 
 unlucky Prediclion, in order to fruftrate it, fhut up the Child in the forelaid 
 Monafterv. 
 
 BERNARDO G lUS-ffNlANO ^~ Nephew o£ S. Laurence, fays, th^t the 
 King married Conftantia to Henry, by the Inftigation and Command of Pope Alex- 
 ander III. whereas Alexander died in the Year 1181. S. Antoninus Archbilhop of 
 Florence ', writes, that Conftantia being grown old in the Monaftery, Pope 
 Clement HI. in order to exclude I'ancrcd from the SucceiTion of the Kingdom, and to 
 gratify Henry, caus'd !ier to be privately taken out of the Monaftery, and difpenfin» 
 with her Vows, married her to Henry, whereas Clement III. was not eleded Pope 
 till the Year 1188. Fazzello commits a greater Blunder, when he fays, that the 
 Inftruments and Decrees of Pope Cclefime for difpenfing with Conftantia's Vows of 
 Virginity, arc as yet to be read in the Roman Archives, and Publick Decrees; 
 whereas Celeftiue was not eleded Pope till the Year 1191, and this Pope always flood 
 up for 'Taucred in Oppofition to Henry, as we fhall relate by-and-by. But thcfe 
 fabulous Stories deferve no Credit, fince the Authors of thefe Times make no men- 
 tion of fuch Fads, which they ought not to have conceal'd. 
 
 [/GONE FA LC AN DO, having occafion twice to make mention of Ojw/-?;,'?/.? 
 one of the Times he fpeaksof her as being educated and brought up in the Royal 
 Palace, not in a Monaftery : Stc (3 Conftantia primis a cunabulis in deliciariim tuarum 
 afflnentia diiititis educata, tttifqiie inftituta doclrrnis, i3 moribus informata, tandem 
 opibus fuis barbaros ditatttra ditefctt. And in another Place of his Hiftory, telling, 
 that when the People of iWi?^/W revolted agaimft Odone ^erello, and kilfd him, 
 they believ'd that the Chancellor Parzio's Fadion had a mind to marry Coufiantia to 
 Gaufrido the Chancellor's Brother, to give him a handle to pofTels himfelf of the 
 Kingdom, he fays, Et ConftantiamRogerii Regis filiamuxorem ducere, tndeftbi dandam 
 occajionem extftimans, ut "oideretur Regnum Jiiftitis occupare ; he fpcaks nothmg of 
 her being a Nun, which he ought to have mention'd in both Places, if there had 
 been any fuch Thing. 
 
 THE Abbot Arnoldo a contemporary Author, who gives us a particular Account 
 of the pompous and magnificent Celebration of this Marriage in Milan, makes not 
 the leaft mention of thcle Fads. Archbifhop Romualdo, Nubriccnfts, the Appendix 
 to the Abbot of Uj'perg, nor Pope Innocent in the third Book of his Letters, wherein 
 he frequently mentions Conftantia, fpeak nothing of her being a Nun ; for had ic 
 
 ' Gio Villani hift. 4- c. 19. Franc. Petrarea 
 in lib. Augu. Bocacio de Clar. Mulier. T0I0- 
 meo di Luca, Fr. Alberto, Paolo Rcggio, Faz- 
 zello, Mourolico, ij. Antonio Arcliiv di Fio 
 
 renza, and others, recorded by Invcges Anno 
 iif4 8c I iSf. 
 
 Ill vita B. Laur. apud Surium LnSJanuarli. 
 ' Antoiiin. par. }. tit. ij. c. 9, 
 
 7 S been
 
 6 1 The Civil History of Book XlII. 
 
 been no more but the Indecency of the Adion, and as a Thing not ufual, that a 
 Nun Ihould marry, they were oblig'd to take fome Notice of it. And 'tis plainly 
 inconfiftcnt to lay,' that this Marriage was made with the Pope's Confent ; forafmuch 
 as the Pope was for 'lancrcd'i having the Kingdom ; and he was fo far from dilap- 
 proving of the SicUidV.s having crown'd him King, that he prefently gave him the 
 Inveftitureof it, as fhail be related. 
 
 GOFFKEDO DA VJT'EKBO, an Eye-Witnefs, fpeaking o£ Omffajitia, on 
 account of the Peace made betwixt the Emperor and the Lombards^ fays, fhe was the 
 pofthumous Daughter of her Father, and that ihe was married to Henry at thirty 
 Years of Age : Thefc are his Verfes ; 
 
 Tit Kegis Siciili filia fpoJifa fili^ 
 Spoufaftut fpeciofa nimis, Conftmtia dilfa, 
 Pofihiima poft pntreju jnatcrjw n:eutye rclifia^ 
 *famqiie tncennaln tempore inrgo ftiit. 
 
 And reckoning that Roger, according to the Abbot Roberto and Fazzel/c, died in 
 the Year 1154, and that flie was born after her Father's Death ; when fhe marrrcd, 
 fhe could be no more than Thirty-one Years of Age. And according to Inveges, 
 who fays, that this Marriage was concluded in the Year 11 85, fhe was only Thirty 
 Years old. 
 
 AND in fine, Kiccardo da S. Germano, whofe Chronicle Baronius never faw, 
 fpeaking of this Marriage, fays plainly, that Conftnntia was brought up in the Royal 
 Palace, and not in the Alonaftery of S. Sal-vatcre, and makes no mention of her 
 being a Nun ; and fays, that fhe was married to Henry by Means of the Archbifhop 
 Gnaltieri, and not of the Pope : Thefe are his Words, Erat ipfi Regis Amita qtia- 
 dam in Palatio Panormitano, quam idem Rex, de cotifilio jam diffi Archiepifcopi, 
 Henrico Alamannorum RegifiUo Federici Rcmanorttm Jmperatoris in conjugem tradidit. 
 AVhich Author adds, that by the Advice of the fame Archbifhop, Conftantia was ap- 
 pointed to be the undoubted Heirefs of the Kingdom of Sicily : ^w etiam procnrante 
 fa^um e/?, ut ad Regis ipjitis mandatiim, omnes Regni Comites Sacramentiim prcejlite- 
 rint, quod fi Regem ipfum abfqiie liberis mori contmgerit, amodo de faffo Regni tan- 
 qnr.mfideles ipfi fax Amitx tenerentiir, & diffo Regi Akmanniae viro ejus. Where- 
 upon the King fent Confiantia from Palermo to Rieti, accompanied with a great 
 Train of Counts and Barons, where King Henry's Ambafladors with great Pomp 
 receiv'd her, and conduced her to Milai:, where fhe was recei\''d by the Emperor 
 Frederick her Father-in-Law, and the Marriage was celebrated with great Splendor 
 in the Gardens of S. Ambrofe this Year 11 86. 
 
 II' ILL I AM having thus concluded this Marriage with Henry, bcliev'd he had 
 brought his Kingdom to a fettled State ; but it was ibon difturb'd by the unhappy 
 News of Salad in' s Succefs in Syria ; for having affcmbled a vaft Army, he took the 
 City oil'iberias in a trice, and then attack'd the Chriftian Army, which he defeated, 
 and put to Flight, and made himfelf Maftcr of the Holy VVood of the Crofs. 
 He made the King of Jerufalem Prifoner, and kiljd a great many of the Knights 
 Templars and Hofpitalers, and many Soldiers : Fr. I'errico Great Mafter of the 
 templars, the Count of Tripoli, and Rinaldo da Sidone, with a few Soldiers, cfcap'd 
 with Difficulty by flight. By this Vidory the Soldan was enabled to take Arcon, 
 Cxfarea, Nazareth, Bethlehem, and all the neighbouring Places, and lay clofe Siege 
 to the City of T'yre ; and foon after having divided his Army, he march'd with a 
 good Body of it to the Holy City of Jerufalem, which he took the fourth Day of 
 O^ober 11 87. Such are the unfpeakable Judgments of God ; this City, which with 
 fo much Glory was rcliev'd from the fhameful Slavery of the Infidels by Godfrey of 
 Boulogn, and other illuftrious Italian, German, and French Captains, now, after the 
 Space of Eighty-feven Years, returns again into the Hands of the Barbarians, witl> 
 out Hopes of ever being freed from their grievous and cruel Dominion. 
 
 THE Calamities of the Eafl did not end here, but, to the great Detriment of 
 the Chriftians, Saladin enter 'd into a League with ifachius Angelus Emperor of Cy«- 
 (iantinnple, who having got in a Prefcnt from Saladin all the I<and of Promife 
 ingac^'d to afTift him in the War with a hundred Gallics, and to flop all the Latins 
 in their Paflage to make War in Syria ; Pope Urban upon hearing the fatal News of 
 the Lofs of Chriji's Sepulchre, and the Holy Wood of the Crols, of the taking of 
 
 Jerufalem^ 
 I
 
 Book XIIL the K i n g d o m of N A P L E S. 
 
 ($11 
 
 1 6th of November ', cxadly forty Days after the taking oijerufckm ; and the next 
 Dny Alberto Cardinal di S. Lorenzo in Lncin.i^ and Chancellor of the Hoiv Church 
 born in Beneveuto of the Family of Morra, was created Pope, and took the Kame 
 of Gregory VIII. This mofl; religious Pope did nothing during his fliort Reign, but 
 Ibllicite the Chriftian Princes to go to PaUJhiie with a ftrong Army to allift the 
 Chriftiansi and while he was intent on fo commendable a Work, he died in Pifa 
 having govern'd the Church not quite two Months ; and twenty Days after his 
 Death, in the fame City, Paulino Scolari a Konian, of mean Parentage, Cardinal of 
 PiHeftine^ was eledted Pope, and took the Name of dciHent III. 
 
 1" H I S Pope, following the Footfteps of his PredccciTors, wrought lb effedlually 
 to get Relief lent to the Floly Land, by confirming th.e Indulgences granted for that 
 end by Vo^° Gregory, that thereby, and his own Diligence, and tlut of /f'tllia/u 
 Archbifhop of 7>iv, who had gone to France, an Affembly met betwixt Gifors and 
 Trie, in \w!iich were pre/ent Philip ¥Jiv\^ of France, Henry King of England, with 
 the Prelates and Barons of their Kingdoms, and Philip Count of Flanders, who 
 having taken the Crofs from the Hands of the Archbifhop of 2'yre, in the Year 
 Ii88. they fet out upon fo holy and glorious an Expedition ; and for a Mark of 
 Diftindlion among themfcives, King Philip and his Frenchmen wore a Red Crofs 
 and Henry and his EngliJJjinen a White, and Count Philip with his Fleniif/j took a 
 Green. The Emperor Frederick no lefs willing to fhcw his Piety on this Occafion 
 was reconcil'd with the Pope, with whom he had had fome Difference, and from 
 the Hands of Henry Cardinal of Alb ano took the Crofs, in order to go to Palefime^ 
 and made fuch Difpatch, that he was the firft that went thither. 
 
 I T ought not to feem flrange, that among fo many Princes exhorted by the 
 Popes to go to Jerufalem, our King IVilliani is not fo much as mention'd, who, 
 on account of the Richnefs of his Dominions, and their Vicinity to Greece, with 
 which they had frequent Communication, and efpccially his powerful Sea Forces 
 was befl: enabled of all other Princes to go upon this Expedition ; but (as Arch- 
 bifnop Ruintialdo, Ipeaking of him to the Emperor at Venice, faid) he was continually 
 employ'd in fo laudable a Work, by affifting with his Gallies the Pilgrims going to 
 the Holy Sepulchre, and lending Relief to the Faithful, who were fighting there ■ fo 
 that there was no occafion to prefs him to a A\'ork which was his conftant 
 Employment. 
 
 O N this Occafion 'tis faid, that Frederick, before he went to Pale/tine, wrote 
 that thrcatning Letter, full of ferious and weighty E\pre{r\ons, to Saladiii, command- 
 ing him immediately to reftore the Places unjultly poffefs'd by him in Syria ; and 
 that Saladm, with the like Haughtinefs, anfwer'd all the Boafls and Menaces where- 
 with his Letter was ftuff'd, mocking both him and his Confederates. Both which 
 Letters may be read in the Annals of England, written by Roger and Mathczv Paris 
 and likewile inferted by Capecelatro in his Hiftory of the Korman Kings. Whatever 
 Truth may be in thefe Letters, 'tis certain, that the Emperor having adembled an 
 Army of a Hundred and fifty thoufand Men, and a Fleet of Fifty-five Ships, the 
 Year following let out for the Holy Land, but through the Treachery of the Greek 
 Emperor (who, befides the League made with Saladin, was afraid that Frederick, 
 by pretending to go to Palefime, might have a Defign to take Conjiantinople, as had 
 been filily foretold by Dr-fitbeus the Monk) he was a whole Year in getting thither, 
 having fuffcr'd grievous Hardfhips and Obftaclcs in paffmg through Greece, by the 
 wonted Rapacity and Treachery of the Greeks. 
 
 BUT behold, anew, and unexpeftcd Misfortune put IFilliaiui Dominions in a 
 terrible Convulfion and Diforder. This Prince, being fcarcely come to the Age of 
 Maturity, and who had govern'd his Dominions with fo much Prudence and Juibicc, 
 was feiz'd with a grievous Sicknefs in Palermo, in the Flower of his Age, not as yet 
 Th'rty-fix Years compleat, and died in the Month of November tliis Year 1189 ', 
 after he had reign'd Twenty-three Years. He was buried with great Pomp in the 
 
 ' Inveges makes him die the ZCth of OSiohcr 
 
 '' Riccardo da S. Gcrmano /.\cv hit Death in 
 \hii Tear, wh'.rt hs iigint his Chronicle. A tem- 
 
 pore quo Gullclmus Rex Sicilix obiic. Ponti(i- 
 catus Clcni. Anno 2. yind Guliclmus Ncobri- 
 perifis Anglus litevife wririi, Guliel. Sicilrs 
 Rex mortuus cit Anno iiSj). 
 
 Church
 
 6 1 2 The Civil History of Book XIIL 
 
 Church of Monreale, at the Foot of his Father's- Tomb. 'Tis not pofTible to exprefi 
 
 the Grief of his Subjefts, who by his many and excellent Virtues had enjoy 'd Peace 
 
 and Plenty. Every Man was at liberty to fpeak his Mind freely. The Taxes were 
 
 not exorbitant, as in the Time of King U'llliam his Father ; infomuch that not only Fre- 
 
 dcrickW. but in later Times C/;.rr/e.j II. oi Anjoit, in fettling Peace and Tranquility 
 
 in their Dominions, order'd that they (hould not be burden'd with Taxes, but be as 
 
 eafy in that Refpeft as they were in the Reign of this good King William. He not 
 
 only exceeded in tranfccndent Virtues all the Kings of his Time, but likewife Robert 
 
 Ciufcjyd, and Roger his Grandfathers, Princes of great Renown. He, was according 
 
 to Riccardo da S. Germa)io, the Flower of Kings, the Glory of Princes, the Mirror 
 
 of the Romans^ the Honour of the Nobility, the Support of Friends, the Terror of 
 
 Eno-miesi the Life and Soul of the People ; the Proteftor of the Poor and Strangers, 
 
 and the SanAuary of the OpprefTed. His Reign was remarkable for the Regard that 
 
 was had to the Laws and Juflice ; every Body was fatisfied with his Lot, there was 
 
 Peace and Security every where, the Traveller >vas not afraid of Robbers, nor the 
 
 Seafarincf Man of Pirates. But his Death proved very fatal and lamentable to his 
 
 Dominions; for in the Reign of his SuccefTor, Henry of Suevia, they fuffer'd infinite 
 
 Calamities, which fcrv'd as ib many Foils to IFtlliam's happy Reign, He having 
 
 had no Children by Joan Daughter of Henry King of England., left his Aunt Con- 
 
 fantia his SuccefTor ', to whom, and her Husband Henry., he had made the Barons 
 
 take an Oath in an AflTcmbly held for that Purpole in Troja of Piiglia. 
 
 ' Roger Hovenden in Annal. Anglic, apud Baron. 
 
 SECT. I. 
 
 T'he Laws of King WILLIAM IL 
 
 AL T H O' Pietro delle Vigne has left us but few Laws of this Prince, in the 
 Colledtion of our Conftitutions, which he made by Frederick's Order, yet 
 they are all good and prudent. 
 
 THE Firft is that which we read in the firfl: Book under the Title Dc Uftirariis 
 piniiendis, wherein he commands, that Points relating to Ufurious Contradls 
 fhall be decided according to the Decrees lately made in Rome by Pope Alexander in 
 the Lateran Council ; fb that this Conftitution is not William I's but ITs. as we 
 have already obferv'd in treating of his Father's Laws. 
 
 THE Second, which we find in the fiime Book under the Title Ubi Clericus in 
 Maleficiis dcbcat convenhi, is the fame Wtlliaius. It was, as we have faid, made at 
 the Defire of the Archbifhop of Palermo, by which he orders the Crimes of Eccle- 
 fiafticks, with regard to their Pcrfbns, to be judg'd by their Ordinaries according to 
 the Canons and Canon Law, excepting the Crimes of Felony and fuch like, which 
 arc to be judg'd by the King and his High Court. 
 
 THE Third and laft of that King's Laws, is that which we read in the third 
 Book, under the Title De Adulteriis coercendis. This was likewife made by William 
 at the Requeft of the Archbifhop oi Palermo. By it the Cognizance of the Crime of 
 Adultery, if no Violence was us'd, is likewife referr'd to the Ordinary of the Place ; 
 which for a long Time was in Force, and obferv'd in both the Kingdoms o{ Sicily ; and 
 in the Reign of Conftantia we ha^'e a Writ, recorded by Ughellns, by which ihe 
 orders the fame. But in procefs of Time it has been difus'd and laid afidc ; and now, 
 with us, the Crime of Adultery, whether by Violence, or otherwife, is judg'd by 
 the Secular Judges, and the Ecclefiafticks are not to look upon it as a Crime belong- 
 in" to a Fortim mixttim, as fliall be fliewn more at large, when we come to treat of 
 the Ecclefiaftical Polity of the later Ages. 
 
 THESE are the few Laws which are left us of this wife and good Prince, in 
 whofe Reign the Laws ofjiiftinians Pandedts were of no Force or Authority, but 
 the Longobard prcvail'd, and Law Suits were decided according to them in the 
 Courts of Juflice. The mofl accurate Pd/^^r/HW has left us a notable Inflance of 
 this, which he had dug cut of the Rubbifh of Antiquity, to wit, the Inflrument 
 
 of
 
 Book XIII, //j^ K I N G D o M 0/ N A P L E S. ^ 1 ^ 
 
 of a Sentence given in the Time of this //////^w in the Year 1171, in a Difpute 
 betwixt the Citizens of Scjfa, and the Bifhop and Citizens of Teajin^ about a Water- 
 gang J which was decided in Favour of the Citizens of Se/fj^ according to the 
 Loiigobc.rd Laws, which Pellegrinus took the Trouble to mark on the Maretn. 
 
 THE Death of li'iUiani was foon after follow'd b\- that of the Emperor Frc- 
 dericky who, after he had furmounted fo many Obftatles thrown in his Way by the 
 Greeks, and fought and defeated the ^urks in many Engagements, took by Storm 
 and gave up to be plundcr'd, the City of Icouium ; but being come to the IcfTer 
 Armenia,^ and incamp'd on a Saturday in the Evening in a Place cali'd Jaradtue, the 
 Sunday following, the fourth of June, he continu'd his March towards the Ri\er 
 Calep, whither with great Difficulty in crolTing terrible high Mountains, he reach'd 
 that Day ; and after he had din'd upon the Bank of the River, in a plealant Valley 
 tir'd with the Trouble of continual Battles, and a whole Month's March, he had a 
 Mind to refrefh himfelf a little by bathing and fwimming in the River ; therefore he 
 Itrip'd himfelf naked and went into the River, w hich was both deep and rapid and 
 was unfortunately drown'd ; his Body was taken up, and carried to Germany, where 
 he was buried with his Anceftors. But the Archbifhop of ^yre, follow'd by Sau^ 
 fo'j'tno ', gives a more probable Account of his Death ; that in paffing this River 
 Frederick^ Horfe flumbled, and he being old and unweildy, was ilunn'd with the 
 Fall, but was catch'd hold of by his Servants, and carried afhore, where he foon 
 died, and was buried in 7'yre : 'Tis very unlikely that an Emperor ftricken in Years 
 •would indecently ftrip and throw himlelf into the River, and run the Hazard of 
 being drown'd. 
 
 THUS died this glorious Prince, w hofe Death was a great Lofs to the Chriftians 
 o£ Palejihw, and our Religion in thofe Parts j and here we fee how incomprehenfible 
 the Judgments of God are j for as he had already begun by a fuccef-ful Courfe of 
 Vidories, fo he not only would have compleated the Recovery of all thofe Places 
 which Saladin had lately taken, but alfo have carried the Chriftian Religion to more 
 remote Countries where theCrofs of Chrift was not known ; but being a Supporter of 
 the Schifm againft Alexander III. and a Perfecutor of the other Popes, he became a 
 Nuifance to the Church of God, and by a fatal and untimely Death, was fnatch'd 
 from the Faithful, even when he was engag'd in this Expedition, lb pious and 
 ierviceable to the Chriftian Caufe. 
 
 FREDERICK, (laying afide that Whim of his being Lord of the Univerfe 
 as the ancient Roman Emperors fancied themfelves to be, which was owino- to our 
 Lawyers, and made his Government leem grievous and unealy- to the Cities of 
 Lombardy, and the Popes) was a great and gallant Prince, and a Lover of Learning 
 and the learned Men of his Time. Whence the Study of the Law was then fo much 
 in Vogue, and fo many Civilians appear'd in Italy, that being taken with the Novelty 
 and Elegancy of the Pandeds, and the other Books of Juftinian, they began to 
 explain them in the Academies ; and Ulricus Uberus '■ writes, that Frederick Bar- 
 l?aro(fa was the firft who not only granted to the Academies, Power to take Cogni- 
 zance of theCaufes, but likewifea Jurifdidion and Power over their Members and 
 Students. And he had the Civilians in fo great Efteem, that in imitation of the 
 ancient Roman Emperors, he confultcd them in his moft weighty Affairs, and made 
 them of his Council, and frequently made them Governors and Confuls of many 
 Cities of Italy. 
 
 ' Sanfovino delle cofe di ConftantlnopoU, 1 * Ulric.Uber. lib. ;. de Jur. Civit. c ^. 
 lib. 5". Nicetas Coni^tes io\. 74. a ter. ^ ^ ^^i, habita, C. nefilius pro patre. 
 
 
 . :.Ai.'i''-^ 
 
 7 T CHAP
 
 (^14 
 
 The Civil History of 
 
 Book xiir. 
 
 CHAR III. 
 
 Of the Compilers of the Feodal Books, and of their Commentators. 
 
 T this Time was made by the Civilians oi Milan that Colledlion of the 
 Feodal Books, which in procels of Time acquir'd fo much Authority 
 and Force in Europe, and all the Academies and Tribunals in the 
 Chriftian World, that it was look'd upon as a Part of the Civil Law: 
 thele Feodal Books, which, with the Novella of Jiiftinian, make up 
 what is now call'd Dechna Collatio, were added to the Kovian Laws ; 
 not that they are truly a Body of the Civil Law, as Giafone, Bartolus, and fbme 
 others of our Dodtors thought them to be, for which Molineus hascenfur'd them ' ; 
 but becaufe their Authority was fo great, that they dcferv'd to be put on a Level 
 with the Konian Civil Law. 
 
 BUT feeing this Part of the Law has not been handled by our Writers with that 
 Care it deferv'd, forafmuch as an infinite Number of Difputes have arifen >fimong 
 them on that Head, by not knowing how to diftinguifh the Times when thefe Books 
 acquir'd the Force of Laws in thefe our Provinces ^ therefore it will be necedary 
 to handle this Subjed in this Place, with all the Exadlnels our weak Parts are capable 
 of, and to give an Account of the Fate of thefe Books in the latter Ages, and finifh 
 what we have to fay on this Head. 
 
 I T may be eafily gathered from the preceding Books of this Hiftory, that after 
 Fiefs were introduc'd into Italy, there. were no written Laws concerning them before 
 Conrade the Snlick. They were regulated according to the Ufages and Cuftoms of 
 the Places ; and feeing, as in other Things, the Cuftoms of the Places were various 
 and different, fb it happen'd with refpecSt to Fiefs, that in one Place oi Italy they 
 were regulated one way, and in another after a different manner. Thus in Cremona^ 
 Pavia, and Milan, a VafTal could alienate his Fief without the Confentofhis Lord, 
 but in M.uittia, Verona, and fbmc other Places they could not do fb without the Con- 
 lent of their Superior ^. 
 
 IN Placentia, if a Superior gave Inveftitureof a Fiefto one, with this Condition, 
 that it fhould defcend to his Succeflbr, during the Vaffal's Life he could not invelt 
 another with the fame Fief; but the Pracflice was different in Creii/ona and Milan. 
 
 IN the Kingdoms of Suily and Pu?lia, our Kings had particular Cuftoms re- 
 lating to Fiefs, different from thofe of the Cities oi Lonibardy. Thclc Cuftoms were 
 iet down in certain Books, which, by a corrupt Word, were call'd Defetarii, and 
 were kept by the King in his Palace ; and when Palermo mutinied in the Time of 
 irilliam I. and the Royal Palace was plunder'd, among other Loffes which IVtlliam 
 lamented, that of thefe Books was one ; and becaufe Mattco Notajo was moft expert 
 in thefe Books, and had them almoft all by Heart, among other Reafbns that 
 brought him out of Priibn, one was, that he being well skiU'd in the Affairs of the 
 Court, and the Royal Chamber, he could eafily make up the Lois of thefe Books, 
 in which, as Falcando fays, I'errarum, Feudoritmqv.e diJiin£liones, rittis, & injlituta 
 Ctirix continebantiir ; which he adlually did. And Invcges ■', from the Authority of 
 the fame Falcando relates, that King tVilliam Is Fa\'ourites, who manag'd the 
 Affairs of his Court, fuch as Kiccardo Eleft Bifliop oi Syractije, Stlvejiro Count of 
 
 ' Molln. 
 num. 24. 
 
 aJ Conruut. Tarif, tit. de Fiefs, 
 
 * Cujac. lib. I. de Feud. 
 ' Iiiveges Anno 1161. hift. Palerm. tom. j. 
 
 Marfi,
 
 Book XIII. //j^ K I N G D o M 0/ N A P L E S. 6\j 
 
 Marfi, and Errico Arijiippo Archdeacon oiCatauia, being ignorant of the Diftinftion 
 of the Lands, Fiefs, Ulagcs, and Inftitutes of the Court, and cf the Books of the 
 Feodal Cuftoms, which were cail'd Dcfetarii^ all which were now loft, perfind.d 
 the King to take Malteo Not^jo out of Prifon, and reltore him to his formtr Office j 
 for he being Old, and having always been a Favourite of, and Afliftant to Majoue, 
 had great Skill in the Cuftoms of the Kingdom, and could compole ucvos Defetarios. 
 
 AND in this manner hnd they gone on in the Cities of LomL'/irdy, and the Kin:^- 
 doms of Sicii'y and Pitglta till the I'ime of Frederick I. To thefe Cuftoms Gnrade 
 the Salick, and other Emperors, added Conftitutions of their own concerning Fiefs, 
 as we have formerly obferv'd, which were not as yet colledled into a certain Vokime. 
 Therefore in the Time of Frederick, fome Lawyers of AfiLvi, without any 
 Command, refolv'd to colledt thefe Cuftoms and Conftitutions, in order to tranfmic 
 them toPofterity; and having, though confufedly, coHeded the Ufages of divtre 
 Cities of Loiiibardy, they atfirft made up two Books of them ; to which, according 
 as thefe Cuftoms came either to be approv'd of, or inlarg'd, or retrcnch'd by Im- 
 perial Conftitutions down to their Time, they added the Heads and Contents of 
 them, with their own Interpretations ; but not the intire Conftitutions. 
 
 AUTHORS differ about the Names of thefe Lawyers. Before Ciijacitis our 
 Writers commonly believ'd that Oberto de Orfo, Attorney General and Conful of 
 Milan ', was Author of this Colleftion, who, with the AfTiftance of Gerardo del 
 Negro, alias Capagifio, likewile Conful of Milan, and a notable Lawyer, undertook 
 this Work. 
 
 BUT the incomparable Ciijacius has very well prov'd that Ohcrto was not the 
 Author of the firft Book, for in it we find fome Opinions that difpleas'd Oberto, and 
 which he rcjedled. And becaufe thofe Opinions are attributed to Gerardo del Nigro, 
 Cujacius takes him to be the Author of the firft Book, and not Oberto. So.nc, 
 and among the reft Montanus -, not fatisfied with Ciijacius's Conjedture, maintain, 
 that though Gerardo, or whatever Anonymous Perlbn was Ai.thor of the firft, yet 
 'tis certa^in that Oberto was Author of the fecond Book, which he compil'd for the 
 private Inftrudtion of his Son Anfelmo. 
 
 BUT feeing this fecond Book, according to the antient Divifion, contain'd not 
 only the Opinions of Oberto, but alfo of other Lawyers of thefe Times, which were 
 contrary to thofe of Oberto, 'tis not credible that Oberto was the lole Author of all 
 that Book ; for which Caufe we are much indebted to the Induftry and great Care 
 of Cujacius, who, to remove that Confufion, has divided it into more Books. 
 Our antient Lawyers had fome Thoughts of doing the f^.me, but they forbore to 
 do it, left it ftiould occafion Confufion in the Citations ; for feeing this Work was 
 divided into two diftind Books, the Citations would not have anfwer'd, if it had 
 been divided into more. 
 
 BUT {b trifling a Reafbn did not weigh with Cujacius, who very prudently 
 divided the Second into four Books. Thus according to this Divifion, the firft Book 
 is Gerardoh ; the Second, to the Twenty-fifth Title, is O'-erto's. The reft of the 
 Titles are divided into two other Books; the third Book begins from Title 23, 
 ■where, Oberttis de Orto, Anfelmofilir, fuofilutcm. The Fourth begins from Title 25, 
 Neg^tiam tale eft, and 'tis clear from this very 25th Title, that it has been compil'd 
 by different and uncertain Authors, in which Cujacius and Montamis agree. And in 
 the fifth Book, he adds all the Conftitutions of the Emperors, relating to Fiefs, of 
 •which we ftiall have occafion to difcourfe hereafter. 
 
 ' Otho Frifing. de reb. ged. Frid cap. 12. 1 * Montan. In Prslud. feud.ad. L. Imperialem, 
 lib. 2. feud. tit. jf. juxta antiq. Compilat. I num. 5. 
 
 SECT. I. 
 
 Of the life and j^uthority of thefe Boohs In our Provinces. 
 
 THESE Books compil'd by the Mi lanefe 'Lawyers, hnd not the Force of Laws 
 in our Provinces, nor any other Part of Europe, till in procefs of Time they 
 were authoriz'd by the Cuftom of the People, rather than by the Conftitutions of 
 
 any
 
 6\6 7/'(? C 1 V I L H I s r o R Y 0/ Book XIIL 
 
 any Prince ; and their Authority was never abfohitc, excepting in Cafes not repug- 
 nant to the particular Laws and Cuftoms of the Nations. 
 
 'T 1 S very certain, that with us they did not acquire this Authority in the Reign 
 of U'llUam^ nor any of his Nor man Succeflbrs. They were compil'd about the Year 
 1 1 70, as the moft ^ccwvatc Francefco cCAndrcd ' very well proves, and not about the 
 Year 11 52, which was the firft of the Empire o( Frederick 1. according to y'lrthzir 
 Duck ^ ; when there was a cruel War betwixt our King IViUtam and Frederick ; and 
 when all manner of Commerce wasltopp'd betwixt us and the Lombards, on account 
 of the inteftine War, that from the Time of Lothaire, continu'd betwixt our Princes 
 and the Emperors of Germany^ and which was not at an End, till the Year 11 77, 
 when the Fifteen Years Truce, lately mention'd, was concluded betwixt If'illiam 
 and Frederick ; and thefe Kingdoms having their proper and peculiar Cuftoms fet 
 down in the Books call'd Dejetarii^ there was no Neceflity to have recourfe to the 
 Longohard Ulages, when they had their own, whereby Fiefs were regulated. 
 
 'TIS probable that thele Books were not known to our Lawyers till after the 
 Year 1 187, when IFilliam the Good, for the Quiet of his Subjeds, concluded the 
 Marriage betwixt his Aunt Conflantta and Henry King of Germany ; which rcmov'd 
 all Ground of Quarrel with the Emperor of the Weft^ but was not fufficient to pre- 
 vent more cruel and obftinate Wars ; for after n'lll/am'sDeath, which foon follow'd, 
 the Barons of the Kingdom, who hated Henry's Go\'ernment, becaufe he was a 
 Foreigner, eledled Tancred to be their King, who got the Inveftiture of the King- 
 dom from the Pope, as we fhall relate. Wherefore we may reafonably believe, that 
 thefe Books began to be known among us, when Henry, in the Year 1194, made 
 himfclf Mafter of the Kingdom by Right of his Wife Conftcntia, after having driven 
 out the Normans. 
 
 THEY were then well known among us ; but had not acquir'd any Authority 
 as Laws ; nor even when Frederick II. his Son publifh'd his Conftitutions, which he 
 order'd to be compil'd by Pietro delle Vtgne j nor when the Pandedts and other 
 Books of Juftinian, were, by his Order, read in our Schools (after the Univcrfity 
 was refettled in Naples') as they were in other Cities of Italy j for our Authors are 
 in a Miftake, who, on the Authority of Odofredo 3, maintain, that thefe Books owe 
 their Authority to Frederick II. as the firft Emperor that approv'd of them, and 
 fent them to the Profcffors of Law in Bologna, to be read publickly in the Schools, 
 and that he commanded Ugolino to make the Dectma CoUatio. 
 
 OUR Writers are in the wrong to impute this to Odofredo, who never wrote, 
 that Frederick fent the Feodal Books to Bologna ; and what occafion was there to fend 
 them to Bologna, feeing they had been known in that City for many Years, and the 
 Bolognians not only read them, but Bulganis had written his Gloffes upon them 
 there, where he was a Profeffor of Law in the Time of Frederick I. who made him 
 Prefecl of that City ? a Man well known in all the other Cities of Lomhardy, as 
 being a Native of that Country ; and many Italian Writers before the Time of 
 Frederick II. befides Bulganis, had already begun to comment upon them, fuch as 
 Pileiis, and others mention'd by Arthur Duck % and Andrea d'Ifernia K 
 
 ODD FR ED O in the Place quoted, writes only, that Frederick II. fent to the 
 Doctors of Bologna, not the Feodal Books ; but his own Conftitutions, and thofeof 
 the Emperors of the Weft, after Jiifiinian, that as Imerius had inferted in the Code 
 the Norellx, that feem'd to be newly added or corredlcd ; fb thefe Dodlors were to 
 do the fame by thefe Conftitutions, and to add them to the Code, not to the Feodal 
 Books, under fuch Titles as fhould beft fuit them ; and accordingly they met at 
 St. Petronio, and extracted many Things out of thefe Conftitutions, which they 
 added and adapted to the Laws of the Code under fit Titles: Whence we read in 
 the Code, bcfides the Atithenticce of Irnerius, the Aiith. Caffa, & irrita, C. de Sacr. 
 Eccl. taken out of the Conftitution of the fame Frederick, de Statitt. & Con/hct. 
 The Aiith. Sacrauienta ftileriim, C. fi adver. vendit. taken out of the Conftitution of 
 Frederick I. de face tuenda. 'the Autb. habit a, C. ne filius pro patre, taken out of 
 another Conftitution of the fame Frederick I. de pri'vil. honor, art. and fome others *. 
 
 ' Andr. in difp. Feud. cap. 2. §. f. 
 
 * Artli. dc Jur. Feud. lib. i. cap. 6. num. f. 
 
 ' Odofr. in Auth cada, C. de S'acrol'. Eccl. 
 
 ^ Arthur, lib. 1 . cap. 6. num. I 3. 
 
 « Aiidr. InPrxlud. num. 2j. 
 
 "^ P.inciiol. Thcf. var. kft. lib. 1. c.ip. $0. 
 Auth. omnes peregrini. C. comm. de Succelli 
 Auth. Item qujccunque communita?, Sc Aurh. 
 S'tatuimus, C de Epilc. & Cleric & alia, qui 
 poftea remocae fuere. 
 
 And
 
 Book "Xlli. the Kingdom 0/ N A P L L S. 6 < ;" 
 
 And this was the fole Charge given by Frederick to the ProfeflTors of Bclogna. But 
 Odofredo adds, that afterwards Lgoliuiis, one of thefe ProfefTors, out of a Whim of 
 his own, to the Body of Jtijiiniaus Nnt-ellx, already di\'ided into unrM Cnllatioiics^ 
 whence it was cnll'd Nona Collatio, added the Ixodal Book, and lia\ing coileded all 
 thefe Conrtitutions of the Emperors concerning Fiefs, infertcd them in that Book 
 according to the Order they nre now in, and which our Forefathers therefore call'd 
 Dccinia Cdhtio ; and Odofredo likewife declares, chat in his Time, few had difpos'd 
 thefe Conftitiitions in the manner Ugolino had done. 
 
 HENCE thofe are in a Miftake, who believe, that Frederick II. gave Authority 
 and the Force of Law to the Feodal Books, and that from his Time they had ac- 
 quir'd fuch Authority in our Kingdom, and other Dominions : For the moft part 
 all our beft Writers have demonftrared, that they were not recei\''d by any Con- 
 ftitution of Frederick, or any other Prince ; but that it far'd with them as with 
 Juftinians Books : All their Authority was owing many Years after to the Ufe and 
 Cuftom of the People, and the Connivance of Princes, who allow'd them to be 
 publickly taught in the Academies, commented by their Lawyers, and quoted in 
 their Courts of Juftice ; as Molinetts ', who is look'd upon as the Papmian oi France 
 well proves ; but yet he cenfures Odofredo unjuftly, as if he had led the reft into 
 an Error, whereas this Author never faid, that Frederick gave the Force of Law to 
 thefe Books, nor that UgoUno colkftcd them by his Order ; as alio he wrongfully 
 blames Bartolus ', as if he had been the firft, that had call'd Ugoliiio's Co\kt\'.on, 
 DecimaCollatio. This Appellation is very antient, and was commonlvin ufe more 
 than a Hundred Years before Bartolus, who declares ib himfelf, and that all other 
 Writers call'd it fo before him. 
 
 ITS being call'd the Deciina Collatic, and in procefs of Time, by the Cuftom 
 of the People, geting footing in the Dominions of other Chriftian Princes, did not 
 gain it fuch A-uthorityas to be able to overthrow, and derogate from the Inftitutcs, 
 and peculiar Laws of thefe Nations; for it was receiv'd and approved of in fo far 
 only, as it did not clafti with their own Municipal Laws and Cuftoms. So Cujacius 
 attefts, with regard to the Kingdom of France, where thefe Feodal Laws were re- 
 ceiv'd, as they were pradiis'd in Italy ; but they were not repugnant to the Laws and 
 Cuftoms of that Kingdom ; juft io as the Romans made ule of the Rbodian Laws 
 which, with refpect to maritime Affairs they imbrac'd, Niji qua in rejnri publico 
 Pop. Roman, advcrfaretur, as the Emperor Antoninus teftifies. And in our Kingdom 
 efpecially, though it was one of the largeft and moft famous Parts of Italy, this 
 Collatio did not take Place, till after Frederick had publifh'd his Conftitutions, and 
 caus'd them to be colled;ed by Pietro delle Vigne^ many of which regarded Fiefs and 
 all Things belonging to them. But Frederic kA'iA. not receive, nor approve of them ; 
 but in fo far as they were not repugnant to the Conftitutions, or in Matters not 
 provided for, or omitted in the Conftitutions ; fo that with us the Authority of the 
 Conftitutions took Place firft, and then that of the Feodal Books, as was the Cafe 
 of the Longohard Laws, with refpedl to Juftinians Books ; but we obferve, that 
 after the Conftitutions were publifh'd in the Year 1231, there was a great Debate in 
 the High Court amongft our Lawyers, whether or not thefe Feodal Books had the 
 Force of Laws with us, even in what was not repugnant to our Conftitutions, as is at 
 length taken notice of in the Glols ^ ; whence we may gather, that even in thefe 
 Times, it was doubtful, whether thefe Books had acquir'd the Force of Laws and 
 if that was uncertain, they were not look'd upon to be on a Level with the Laws. 
 And if Roffredo * Bcneijentano, who flourifh'd in the Time of Frederick II. fpcaking 
 of thcle Feodal Cuftoms, faid, Servan in Regno Api'.l:x, it was only bccaufc he 
 was of that Opinion, contrary to the Sentiments of the other learn'd Men of the 
 Kingdom ; befides, 'tis not denied, but that in thefe Times they were obferv'd, 
 not as having the Authority of Laws, but of Reafbn, and in fb far as they did not 
 clafh with our Conftitutions. 
 
 BUT as that is true, fb 'tis likewife moft certain, that after Fr^i/mr/t's Time, 
 under fiis Succeffors, and efpecially the Kings of the Family of Anjou, it was no 
 
 ' jMolIn. Confuct. Parif tit. 8. rubr. iium 
 ic:. 
 
 ' Barr. in L. fi quis vi, 17. feft. differentia, 
 num. 4. D de adqu. poffeir. 
 
 ^ Gloir. in Conftitut. Ut de SucccfTonibus dc 
 Succcir. Nobil. verb, injurlam nuilui, verf. nee 
 dicant aliqui. 
 
 '*Roff. Bcncv. in bis QuxfV. Sabatii.a. 
 7 U longer 
 
 ■a-
 
 6 18 77j^ C I V I L H I s T o R Y 0/ Book AIII. 
 
 longer difputed, it being evident, that they had acquir'd all their Force and Autho- 
 rity, in fb far as they were not repugnant to our Conftitutions j and they acquir'd the 
 fame in all the other Dominions of Europe, with reiped to their Conftitutions ; and 
 the-Popes likewifegave them the fame Force and Authority in their Ecckfiaftical Tri- 
 bunals ; but in procefs of Time, the Study of that part of the Jurifprudence was 
 fo much cultivated and efteem'd, that ours exceeded all the Lawyers of other 
 Nations, both on this and the other Side of the Mountains ; and to this Day our 
 Kingdom boafts, that the Laws concerning Fiefs never were, nor are yet fb well 
 underftood, as by our Lawyers. We have an evident Teftimony of this in the 
 Dilpute betwixt our Andrea d'lferma and Baldus, who, being call'd to Naples by 
 Queen Joan I. to a Confultation with Andrea, he expos'd his Ignorance fo much in 
 Feodal Matters, that he loft his Reputation, and in order to recover it, was forc'd 
 in his old Age, to apply himfelf to that Study '. And we have feen by Experience, 
 fmce, that the moft hard and difficult Oueftions that ever could arifc concerning 
 that flatter, have never been handled fb fubtlely, and with fuch Nicety and Learn- 
 ing, as by our Authors. And no other Nation can boaft of having had fo many 
 Writers on that Subject, as the Kingdom of Naples. 
 
 ' V. Card, de Lttca deEmphyceufi, difc 70. num. 12. 
 
 SECT. II. 
 
 ^athorsy who have 'illiijlrated the Feodal Books. 
 
 TH*OSE that firft began to illuftrate thefe Books were, Biilganis, Pilev.s, 
 Ugolinus, Corradino, Vtcenzo, Goffredo, and others ' j but afterwards Giovaiwi 
 Colomhino out-ftripp'd them all, infomuch that Jafon fays % that none after him had 
 the Boldnefs to comment upon thefe Books. 
 
 SOME have taken the Trouble to make Abridgements, and particular Treatifes 
 concerning Fiefs, and the firft were Pileiis, Giovaiwi Fafoli, Odofredo, Rolatidino, 
 the Two Giovannis, Blanfaco and Blanco, Goffredo, Giovanni Lettore, Martino Sili- 
 tnano, Giacomo d Arena, Giacomo de Ravanis, Oftienfis, Pietro ^leffiieal, and 
 Giacomo Ardizone, and afterwards Zazio, Kehuffo, Annetcne, Kofental, and an 
 infinite Number of modern Authors. 
 
 BUT among all thofe, who have illuftrated the Feodal Books with ample Com- 
 mentaries, our Lawyers have excell'd. 'Tis true, Giacomo di Belvifo was the firft j 
 but our Andrea d'Ifernia, who, about the End of the Reign o( Charles II. who died 
 in the Year 1309, wrote fuch copious Commentaries upon Fiefs, that he not only 
 eclips'd him, but alfb all thofe that before him had written on that Subjed:. Baldo 
 da. Perugia, after he had profefs'd the Civil Law Forty-feven Years, likewife wrote 
 Commentaries upon the Feodal Books, and (hortly aker Giacomo Alvarott:i da Padova, 
 Giacobi7io di S. Giorgio, and Francefco Curzio the Younger, did the fame ; but our 
 Matteo degli Afflitti obfcur'd their Fame. He wrote his Commentaries upon thefe 
 Books under Ferdinand I. when, for a publick Salary, and with univerfil Applaufe, 
 he was teaching in our Univerfity the whole Feodal Books, with the Commentaries of 
 Jfernia, which none other has ventur'd to do, neither before nor fince j and he 
 began to write his Commentaries in the Year 1475, when he was Thirty-two Years 
 of Age, as he himfelf teftifies ' : I take notice of this, to prevent People's being 
 led into a Miftake by Cameraritis, as our Writers were, by faying that Affiitto wrote 
 thefe Commentaries in his extreme old Age, when he could not well underftand 
 7/em^'s Meaning ; a Failing very unjuftly imputed to this famous Lawyer: For, 
 befides that he wrote in the Flower of his Age ; if he had even written thefe 
 Commentaries when he was Eighty Years old, no Fault could have been found in 
 them. He died in the Yean 523, and was buried in Naples in the Cliurch of 
 
 ' Panclrol. Thef. var. left, lib. I ■ c 90. 1 ' Affllt. tit. de Feud. dat. in vim leg. commin". 
 
 - Jafon. in Pr*lud. Feud. ' lib. I- tit. 7z. num- 49.
 
 Book A III. ?/:?^ K I N G D o M 0/ N A P L E S, 6 1 « 
 
 Motite Vergtue, where wc read on his Tomb, I'hat tho he teas loaded with Tears 
 yet his Judgment -.vas fo Jlroiig, that he ivas as capable cf writing to the Day of his 
 Death, as ever he had teen. His Domefticks caiis'd the Tomb to be erc6ted and 
 this Infcription put upon it, to Ihcw the MaHcc of his Enemies, who rcprelentcd 
 Jiim to the King, as ib old, that his Judgment had Jail'd him, which made the Kin'^ 
 remove him from the Dignity of Counlcllor of St. C/are, fo that he died without 
 the Gown, therefore in his lall Will, he is not nam'd Counfellor, but funply Doctor. 
 And as he exceeded all the Commentators on the Feodal Books, we muft not here 
 forget the Chirader which the incomparable Fran.efco d' Andrea gives him ' who 
 did not ftick to lay, that of all thoie that wrote Commentaries on Fiefs, both before 
 and after him, few can be compar'd, but none preferred to him. 
 
 A F T E R thcfe great xMen, fome others appear 'd among us, fuch as Cameraritis, 
 Sigif.noiido Loffrcdo, Pietro Giordano Ur/Jiio, Bainmacario, Revcrtero, Pifaiiello , 
 Montana, and a great many more, of whom it would be troublcfome to make a 
 longer Catalogue ; lb that no other Nation can boaft of lb many Writers on Feodal 
 Matters, as the Kingdom of Naples. 
 
 BUT among the Foreigners, the incomparable Cujacins deferves all Praife. He 
 was the firft that cncourag'd this Part of Learning, when others dcfpis'd it as bar- 
 barous i and whereas formerly it was deform'd and unpolifh'd, he, with the help of 
 the molt valuable Books and Writers of thefe Times, ga\'c it a more noble and 
 elegant Drefs • infomuchthat other Icarn'd Men, who before flighted it as barbarous, 
 became now fond of imploying their Parts upon it, after his Example, fuch as 
 Dnirent'.s, Hottomamius, Ultejus, and others of noble Genius; whence we now fee 
 it explain'd and illuftrated, as well by the Profelfors of the Civil as of the Feodal 
 Law. 
 
 CVJ ACIUS at firft increas'd the Feodal Books with Fragments and Chapters, 
 and divided them into Five, as we have already mention'd. Before him Antonio 
 Mnticcio di Prato Vecchio, a Lawyer of Bologna, at the Command of the Emperor 
 Sigimund, about the Year 1430, had difpos'd thefe Books into another Form, and 
 divided them into Six, which he ofTer'd to the Univerfity of Boloina, in order to 
 ' have this his Workconfirm'd by Sigifmund; but it does not appear that the Emperor 
 did fb ; for want of which Confirmation, it was not univerlally receiv'd, therefore 
 the Univerfity begg'd anew of the Emperor Frederick IIL to confirm it, which he 
 did ; whence thele Books came to be read publickly in the Academy of Bologna • 
 but they never acquir'd publick Authority : This Work was afterwards publifh'd by 
 "JoaJ^nes Scbelterits ^. Cujacius made another Colleftion altogether new, which he 
 not only very carefully put into better Order, and reftor'd the true Reading ; but 
 alio with uncommon Erudition commented upon them, and explain'd their true 
 Meaning. And, above all, he fwell'd the fifth Book with many Imperial Conftitu- 
 tions, which had been negledted by Ugolino, and rang'd them into better Order. 
 
 ' Aiidr. iiidirput. pag. 47. " V. Struv. Hill. jur. Feud. cap. 8. fcft. 2;. 
 
 SECT. III. 
 
 I//iferial Conjiituthns relating to Fiefs, and Frederick I'j Laivs. 
 
 TH E firft who publifh'd Laws concerning the Succeflion to Fiefs, a^ we have 
 often laid, was Conrad the Salique. Henry IV. and Lothaire III. made fome ; 
 but of all the Emperors none enadted fo many as Frederick Barbarojfa ; and 
 Cujacius ends his Book with this Emperor's Conftitutions ; fo that tho' in the vulgar 
 Editions we alio find Ibme of Frederick II. yet they have nothing to do there ; for 
 we have no Conftitutions of Frederick II. as Emperor, concerning Fiefs, tho' there 
 be very many of his as King of Sicily ; but thefe not being Imperial, are not to our 
 Purpole. Thofe Conftitutions of Frederick II. which we read at the End of the 
 fecond Book of Fiefs, according to the antient Collcdion, under the Title De Stattitis, 
 & Confuetudinibus circa libertatem Ecclcftx cdttis, &cc. have nothing to do with 
 
 Fiefs i
 
 620 
 
 ^he Civil History of 
 
 Book XIII. 
 
 Fiefs i To that they are wrong plac'd there, and for that Reafon Cujacius ' fays, he 
 did not put them with the other Feodal Conftitutions, as not being to the Purpofe j 
 for the l.ime Reafon thofe two of IIc)iyy\ll. plac'd under the Title of Extravagant, 
 ought not to be plac'd there. 
 
 O F all thefe Emperors, none made fo many Feodal Conftitutions as Frederick I. 
 of which we have Eight. 
 
 T H E firft is under the Title De Fctidis iion aliemndis, where three or four Cau(es 
 are aflign'd, whereby a Fief may be loft, and wherein the Alienation of Fiefs is 
 more ftridtly prohibited than by that Conftitution of Lothaire. The fecond, under 
 the Title De jure Fifci, or de KegaliOus, reftores the Regalia in Italy, which were 
 loft by Difufe, of which we have Ipoken in the foregoing Book. The third, under 
 the 1 itle De pace tenenda, belongs to the publick Peace of Germany, whence 'tis call'd 
 by the Germans, Frid-hrief ; and it was publifti'd in Katisbon after the inteftine 
 Wars betwixt the Princes of Germany j for the Dutchies of Sasony and Bavaria, 
 taken by the Emperor Conrad from Henry the Proud, were at an end ; and feeing 
 tb.ere are fome things in it relating to Fiefs, Barons, and the publick Peace, it's 
 rcckon'd amongft the Feodal Conftitutions of this Prince. The fourth, is under 
 the Title Deincendiariis, ^ pacts njiolatoribus, which Cujacius took from the Abbot 
 of Ufperg, and which likewife concerns the publick Peace of Germany, and orders 
 -Ibmc'thing about Fiefs; befides, as C//>tf//« obferves, our Forefathers were wont 
 to join all thofe Conftitutions relating to the publick Peace with the Feodal, though 
 Fiefs were not mention'd in them, becauie they could not enjoy Peace, but by the 
 Fidelity and Steadinels of tlie Vaflals. The fifth, under the Title De pace conipo- 
 7ienda, i3 retinenda inter SiihjeSios, relates to the publick Peace of Italy, and was 
 made in Roncaglia with the People of the Milanefe, at the End of the firft War 
 which Frederick had with them, of which we have fpoken in the preceding Book. 
 The fixth, under the Title De pace Confiantix, likewife concerns the Peace of Italy. 
 This laft was publifh'd in Ccuftance in the Year 1183; for Frederick being now 
 wearied of the fo many Wars he had had with the Lombards, refolv'd to call a 
 Diet in Conftance, in order to fettle all Matters there. Many Princes and Barons, 
 with a Multitude of Deputies, mention'd in this Conftitution, were prefent at this 
 Diet in which many Articles were agreed upon, and the Conditions, with rcfped: 
 to the Services to be perform'd by the Cities of Lombardy to the Emperor, i^ipulated, 
 and none other were to be put upon them : Frederick by this Conftitution yielded 
 fome Royalties to the faid Cities, and kept others, efpecially Fodrtan & hi'vefiitmam 
 Confuhini, S Vajfalloriim, and honour'd Opizo with the Title of Marquis of Mala- 
 
 fpina. 
 
 L AST I> Y, two Conftitutions of the fame Emperor follow De Jure protimifeos, 
 
 to which Right, in Cujacius's Opinion (whatever our Profeflbr Marinis ^ may lay 
 
 of it) the Agnati had as good Pretenfions, as the Lord of the Fief, therefore he 
 
 inferted thefe Conftitutions in the Fifth Book of Fiefs ; to which he likewife added 
 
 a Greek Novella of Romamis Lecapenus, Emperor of the Eaft, which treats of the 
 
 fame Rigiit, whence Frederick took what we fee cftablifti'd in his firft Conftitution 
 
 concerning the Jus protimifeos. Here we muft obfervc, that this Conftitution 
 
 Sancimus de jure protimifeos, by a grofs Error in our Dodlors, is believ'd to be 
 
 Frederick Il's, and upon that Suppofition they difpute whether it ought to be reputed 
 
 Imperial, or a Conftitution of our Kingdom, made only for the Kingdoms of Sicily 
 
 and Puglia ; and fome maintain that as fuch it has the Force of a Law in our 
 
 Kingdom. The Miftake proceeds from feeing it join'd to the other Conftitutions of 
 
 our Kingdom' ; and likewife becaufe they have feen, that Matteod'Afflitto, who 
 
 commented on our Conftitutions, has made a particular Comment upon the laid 
 
 Conftitution, for the moft part taken from one not printed, formerly made by 
 
 Antonio Caputo di Mulfetta, from which, as Giovan-Antouio de Nigris '' fays, without 
 
 telling from whom, Jfflttto took fo much, as greatly fwell'd his Work ; fo that 
 
 feein" it commented by our antient Writers, they took it for a Conftitution of our 
 
 Kingdom. 'I'he Error is moft palpable, and inexcufible ; and we cannot but 
 
 ' Cujac. lib. J", de Feud. 
 
 5 Marinis lib. i.cap. 2;;. num. 8 
 
 ' V. CapUularja Robcrti, in fine. 
 
 ■^ De Nigris in Comment, ad Capitul. Regni 
 in fine, inConftit. Sancimus. 
 
 wonder
 
 Book XIII. ?/:'^ K I N G D o M 0/ N A P L E S. 621 
 
 wonder that the Cardinal of Luc a ' fell into it, who believing that thisConflitution 
 was Frederick II's, ftarts a Thoufand idle Queftions, which for want of Foundation 
 fall to the Ground of themfelvcs ; for it was not publifh'd by Frederick II. but by 
 Frederick I. who had no Power to make Laws in the Kingdoms of Sicily and PnTlia, 
 conlequently could not oblige King H'tHiams Subjedts to accept it. Indeed it after- 
 wards acquir'd the Force of Laws with us, not by the Authority of the Legiflator, 
 but by the Ufe and Cuftom of the People, who after a long Trad of Time receiv'd 
 it, juil fo as it far'd with the Pandeds and the other Books of Jufiinian, and like- 
 wife with thefe Feodal Books ; whence at preftnt, 'tis in full Force in the King- 
 dom, but not in the City of Naples, where a particular and peculiar Cuftom 
 relating to that Matter prevails. The other Laws of Frederick I. as well the 
 Military, cftablifh'd in Brefcia in the AfTembly of the Princes of the Empire, in 
 the Year 1158 as Civil, fince they have no relation either to Fiefs, or us, we 
 willingly omit them, for every Body may find them in Goldafius % who has colleded 
 them all. 
 
 ' De Luca de Servltutib. dlfc 6S. 
 
 Goldaft. torn. i. pag. 268. Sc torn. 3. pag. :^^q, 
 
 X 
 
 THE
 
 [ <^i^ ] 
 
 THE 
 
 CIVIL HISTORY 
 
 Of the Kingdom of 
 
 NAPLES 
 
 — ■ ■ ' ' ■ — ■ ■ ■■ . . . . - . I I i _ in 
 
 BOOK XIV. 
 
 S the Death of IVtlUam the U'lcked^ and the Acceffion of 
 his Son to the Throne, quieted the Difbrders and MIA 
 chiefs into which the Kingdom was involv'd, lb the 
 affliding and lamentable Lois of IVtlliam II. brought 
 greater and more cruel Diiafters upon it. Our Country 
 never faw more wretched Times than thofe which hap- 
 pen'd from the Death of this good Prince, to the Reign 
 of Frederick II. who, by his Virtue and Greatnels of 
 Soul, was able to crufh the Difturbers of the Kingdom, 
 and reftore it to a more peaceable and fettled State. 
 WILLIA M having died without leaving any Iffue, 
 made way for many Pretenders to the Crown, though in his Life-time he had 
 declar'd his Aunt Conftantia Heirefs of the Kingdom ; and in an Affembly 
 held for that Purpofe in 'Troja, had caus'd his Vaflals to take an Oath of Fealty 
 to her and her Husband Henry ; neverthelefs the Sicilians abhoring the Domi- 
 nion oi Henry ^ as a foreign Prince, and he being at a great Diftance -in Germany^ 
 with his Wife Confiantta, they began to look out for another to f'ucceed to the 
 Throne, and had all their Eyes upon 'tancred Count of Lecce. The Barons of the 
 Kingdom, and the Friends of the R-oyal Family, were altogether by the Ears on 
 that account ; for all thofe who were of" the Blood Royal, or had great Baronies, 
 not yielding to one another, afpir'd to the Crown ' i and thofe of lower Degree 
 
 ' Ric. dl S. Germ Port Regis obitum, omnes 
 inter fe ci-pcruiu de Magioritate contendere, 8c 
 
 ad Renni folium afpirare, 8c oblit. jurisjurandi, 
 quod kccrant, &;c. 
 
 adherin;T
 
 624 'The C I \M L History of Book XIII. 
 
 adhering to the mofl: powerful, turn'd the Kingdom upfide down ; fo foon was the 
 Oath of Fealty fworn to Conflantui and Henry in fZrq/a forgotten. 
 
 THERE are fome who write ', that Pope Clement III. feeing the lawful IflTue 
 of the Ncrmaiis fail'd, pretended that the Kingdom, as his Fief, had devolv'd to the 
 Church of Ro;w, and for that end had aflembled his Troops, in order to reduce it 
 to his Obedience. But that is a very ill-contriv'd Story ^ for at this Time the Popes 
 had fet up no fuch Claim ; they went on by (hort and leifurely Steps, and were at 
 this Time fatisficd with the Invcftiture, for they well knew, that in procefs of Time, 
 and as lucky Opportunities (hould happen, they would reap greater Advantage, 
 which accordingly fell out in the Reigns of Innocent IV. and Clement IV. whicli 
 thefe two Popes improv'd. The prefent Situation of Affairs would not allow of it, 
 becaufc the Power of the Pretenders^ fuch as Henry, was great ; the Minds of the 
 Sicilians were altogether bent on Tancred, and the Chief Barons afpir'd all at the 
 Kingdom for rhemlelves. The Pope had none to afTift him, and of himlclf he was 
 not able, wanting both Men and iNIoney, lb that Clement couJd undertake nothing. 
 And the Pope was fo far from fuch Thoughts, that he no iboner heard that the 
 Sicilians had advanc'd to the Throne, and crown'd I'amred, than he immediately 
 dilpatch'd the ufual Inveftiture ; for he look'd upon it to be more for his Purpole 
 to have 'Tancred to be King ofSictly, than Henry ^ who was King of Germany. 
 
 BUT the Sicilians, and efpecially thole who were of Matteo the Vice-Chan- 
 cellor's Fadion, in Oppofition to the Archbifliop Gualtier/, freed from the Fear of 
 the Friends of the Royal Family, proclaim'd Tancred Kingj and the Vice-Chan- 
 cellor's Faftion having join'd them, in order to crufh the Archbifhop and his Party, 
 who were for Ccnftantia^ they let 'tancred on the Throne, and immediately he came 
 to Palermo, where with great Acclamations he was publickly proclaim'd King, and 
 in the Beginning of this Year 1 190 ', with great Solemnity crown'd. The Sicilians^ 
 not content with this, forthwith fent an Exprefs to the Pope, who, in order to fix 
 him the better on the Throne, lent him the wonted Inveltiturej which Neuhri- 
 genfis, Kiccardo da S. Germano, and the Chronicle oi Monte Cajfmo affert for Truth. 
 The grateful King made Matteo High Chancellor of the Kingdom, and his Son 
 Kiccardo Count o? .4jello. 
 
 ^ANCKED, as we have faid, was the baftard Son oi Roger Duke of Puglia, 
 eldeft Son of Roger the Elder, firft King of Sicily, begot on a Daughter o( Robert 
 Count o(Lecce ; for Duke Roger frequenting Count Robert's Houfe, and feeing his 
 Daughter young and handlbme, they fell in Love with one another ; and it was not 
 long before they tafted the Sweets of their Love, and went on in that manner till 
 Ihe became twice with Child, and brought forth iancred and IVtlliam K But Roger 
 exceeding in the Embraces of his beloved Miftrels, fell grievoufly fick, which made 
 his Father call him Home, and finding the Caule of his Illnefs, he was highly- 
 offended with the Count, believing it was all his Doings j and Roger dying foon 
 after, the King fo perfecuted the Count, that he was lorc'd to fly to Greece, and the 
 King kept the two Children fhut up in his Palace like Prifoners, where they con- 
 tinued till Bo'nello's Confpiracy againfl: IVilliam I. when they went to Greece, where 
 IVtlliam the younger of the two died, and Tancred was aftewards recall'd by 
 IVilliam II. who receiv'd him very gracioufly, and invefted him with the County of 
 Lecce, which was his Grandfather's by the Mother. 
 
 SOME have written '', that Duke Roger at laft obtain'd leave from the King 
 his Father to marry his beloved Miftrefs, but was prevented by Death, and that 
 there was nothing wanting to make it a lawful Marriage, but the Ceremony of the 
 Church, for mutual and lawful Confent had preceded ; whence tancred ought not to 
 be reputed a Baftard, but lawfully begotten j and therefore King U'tlUam the Good 
 invefted him with the County of Lecce, which was his Grandfather's, and Pope 
 Clement gave him the ufual Invcftiture of the Kingdom. But thele Accounts, as 
 having no folid Foundation, are look'd upon by the moft grave and exadt Writers 
 as fabulous ; and Clement gave him the Inveftiture, not on account of his Legiti- 
 macy, but in Oppofition to Henry. Whence Frederick II. always reckon'd the Ads 
 
 • Platln.adClem.III. GIo. Vill. lib.4. c. 19. 
 
 * Ric. da S. Gcim. Tunc vocatus Panormum 
 Tancreduseft, &: periplum Cancellarium coro- 
 natus in Regeni : Romana Curia dance airenfum. 
 
 ' Ugo Falcand. Nobillflima inacrcgenitus, ad 
 quam Dux iple confuetudinem habucrat. 
 
 * Giacomo-Antonio Ferrari related by Sum- 
 monte. 
 
 of
 
 Book XIV. /Z?^ K I N G D o M 0/ N A P L E S. 61 ) 
 
 of thefe Princes, to "wit, ^^ncfsd and iniliam III. his Son, as null and unlawful, 
 and as made by Ufurpers and Invaders of the Kingdom, which ?fter the Death of 
 n'tlliam II. by Right of Succcflion, and the laft Will oi inUiam II. belong'd to his 
 Mother Confiautt/it. 
 
 CO Nsi'ANI'IA's being a Woman was no Bar to her Succefl^on ; for tho' in 
 Italy before Frederick Il's Time, Women as well as the Dumb and Deaf were excluded 
 fiom the Succeflion of Fief-!, to which only Males had a Right, to prevent the Fiefs 
 going from the Launce to the Diftaff j neverthelcfs the Normans (notwithftandins; 
 the different Opinion of the Lou gob ar da) did not look upon Women as incapable of 
 fucceeding to tlie Crown ; fo much the rather, becaule the Succeflion being regulated 
 by the Pope's Inveftiture, in which both Male and Female are comprehended, the 
 Inveftiture is given to the Heirs and Succeflbrs indifferently; therefore the A'craw/w 
 allow'd both Males and Females to fiicceed ; and the firil: Invefliture given by 
 Innocent II. to Roger runs thus, Kogerio illujlri, S gloriofo Sicilix Regt^ ejufque 
 hceredtbus in pcrpetuuin ; and that given by Adrian IV. to ll'iUiam I. is more clear, 
 Hitredibus nojlris^ qui in Kegniim pro •volnntaria ordinatione nofira fuccejferint ; and lb 
 of all the refl fmce. Therefore Frederick II. was always wont to call the Kingdom of 
 Sicily his Hereditary Dominion, by the Right of his Mother Conjiantia ; for the 
 Succeflion of Kingdoms was never regulated by the fame Maxims and Laws with 
 Fiefs, as the incomparable Francefco d' Andrea in his learned Treatife about the 
 Succeflion o? Brabant has fufficiently prov'd ; whence Males and Females without 
 Diftindlion have fucceeded in the Kingdoms of 6'.'«7)', excepting, that in latter Times 
 in the Reigns of King Alphonfus, and the other Arragonian Kings, becaufe of the Mif^ 
 chiefs occafion'd by the two Qiieen Joans I. and II. it was defign'd to have been 
 altered, as fhall be taken notice of in its Place. Such has been the Cuftom not only 
 oi" Sicily and Ptiglia for many Ages, but almoft of all the other Kingdoms o{ Europe, 
 which, on that account, is call'd by the People of Afia, and other Eaftern Nations, 
 the Kingdom of IVomen; not only becaufe the Europeans honour and adore them like 
 Idols, contrary to the Cuftom of the Orientals, but alio becaule they lee them rais'd 
 to the Thrones of the grcateft Monarchies and Kingdoms. But tho' the Normans 
 excluded Women from the Succeflion of Fiefs, yet their Kings frequently invefted 
 them with Baronies and Counties, as in Ugo Falcando, we find that Clcmcntijia the 
 natural Daughter of Roger I, was invefted by her Father with the County of 
 Gataiizaro. 
 
 ^ANCRED then had no other Title to fupport him but the Voice of the 
 People, who had proclaim'd him King, and fet him on the Throne of »SVa7)' ; but 
 many Barons, by the Means of the Archbifhop Gttaltieri did not acknowledge him, 
 and cfpecially thole of the Kingdom o£ Pnglia ; fb that T'ancred was forc'd to ufe 
 his utmoft Efforts to gain them to his Intereft. He had married Sibila^ Sifter to 
 Riccardo Count o£ Cerra ', to whom he lent a great Sum of Money, to raife Men for 
 fuppreffing thofe that ftood out againft him ; and at the fame Time by fair Means 
 and Rewards endeavour to win the Favour of the Natives. Riccardo manag'd Mat- 
 ters lb well, that in a fhort Time he rais'd a good Army, with which he lubjeftcd 
 the Barons of Principato and "Terra di Lcvoro^ plunder'd and ruin'd the Caftlcs 
 belonging to the Monaftery of Monte CaffinOj and made the Abbot Roffruh take an 
 Oath of Fealty. But the Cities of Capita and Averfa defended themlelves. And 
 Roger Count of Andria, and High Conftable (the fame whom Iftlltam lent Ambaf^ 
 iador to Venice) \n no means would yield to Tancrcd ; but being provok'd that he 
 had been preferr'd to tlie Crown before him, went, with Riccardo Count of Calvi, and 
 many of his Followers, and a good Body of arm'd Men, to oblerve Riccardo Count 
 o( Cerra and his Army, and to prevent his taking PolfefTion o£ Puglia ; and wrote 
 to Henry in Germany to come and take PoffefHon of the Kingdom of Sicily, which by 
 Right belong'd to his Wife, but was unjuftly polfefs'd by the Count of Lecce. 
 The Archbifhop Gualtieri wrote likewile to Henry, giving him account of what had 
 pafs'd in Sicily ; but Henry delaying to come or fend an Army, Tancrcd came to our 
 Provinces, and fuccefsfully fubjcded the grcateft Part of P//^//^.', notwithftanding the 
 Oppofition of Count Roger. 
 
 I N the mean Time Henry fent Henry Tejia, Marflial of the Empire, with a 
 ftrong Army into Italy, who arriving after Tancred had made himfclf Mafter of the 
 
 ' Ric.ili S. Germ. 
 
 7 Y grcateft
 
 6i6 The Civil History o[ Book XIV. 
 
 greateft Part of Paglta, by the Way oi AqitUa tmtx'di'erra di Lavoro, where he 
 burnt and dcftroy'd all the Places he took ; and having join'd Count Roger, march'd 
 immediately to Puglia, where he Hkewife demolifh'd many Caftles, and among 
 the red Conieto belonging to the Abbot ofVeiiof^, becaufe he was of Sfancred's 
 Faction. But the King's Army, not willing to venture a Battle in the open Fields, 
 fortified themfelves in the City oi Ariano^ and fome neighbouring Caftles, and very 
 wifely j'pun out the Time, till the Enemy's Army dwindled away to nothing ; for 
 Henry 7'efta having for fome Time laid Siege to Ariauo, in the very hotteft Time of 
 the Summer, what with the fcorching Heat, and theWant of Provifions, his Soldiers 
 ft 11 fick and died, and at laft, to prevent the total Ruin of his Army, he was 
 forc'd to raife the Siege, and, without having done any Thing remarkable, return 
 to Germany. 
 
 BUT Roller Count of Andria, trufting too much to his own Strength, would 
 keep up the War ; and having garrifbn'd the Caftle of S. Agiita, retir'd to Afeo/i, 
 where he refolv'd to defend himfelf againft the Count of Cerra, who, upon the 
 marching off of the Germans, had ventur'd to take the Field, follow'd him clofeac 
 the Heels, and befieg'd him there ; but not able to win him over, either by fair 
 Means or Force, he had recourle to Fraud, and one Day having given him his 
 Parole of Honour, defir'd to fpeak with him without the City, where he laid a Srtare 
 for him, made him Prifoner, and cruelly murder'd him. Then he march'd and 
 befieg'd Capua, whole Citizens being terrified at the Death of Roger, too ra(hly 
 liirrender'd ; for Henry King of Germany, whofe Intereft they had efpoufed, was 
 now entcr'd Italy with a great Army, in order to conquer the Kingdom. 
 
 I N the mean while, after the Death of Henry King of England, Richard his Son 
 and SucceflTor, and Philip King of France, with ftrong Fleets had left their Dominions 
 in order to go to Palefiine ; and tho' by different Courfes, about the End of Septem- 
 her both of them arriv'd at Mejfma, where, the Winter coming on, they were forc'd 
 to remain till the following Spring. Befides, King Richard had a mind to ftay to 
 make up fome Differences that had happen'd betwixt Queen Joan his Sifter, Widow 
 of King N'llliam, and Tancrcd K\ng of Sicily, which he agreed, and ^wo'Ci^ promis'd 
 to give in Marriage one of his Daughters, as fbon as fhe was of proper Age, to 
 Prince Arthur, the King of England's Nephew, Richard having no Iflue of his own, 
 with Twenty thoufand Ounces of Gold for her Portion '. 
 
 AT this Time the Fame of Gicvacchino Calabrefe, a Cijlercian Monk, Abbot of 
 Curacio, and reputed a Prophet, was fpread over all Europe ; for which Caufc 
 Richard was curious to converfe with him, but by his Dilcourfe the King found hira 
 to be only a prating Fellow, and the Iffue of this Expedition was the Reverfe of 
 what he had propheficd. However, be was a Man of great Vivacity, fubtle Witj 
 and very fly, and the moft knowing of the Age in the Holy Scriptures ; and from 
 the Skill he had in them, with his ready Wit, impos'd upon the People, and pafs'd 
 for a Prophet. From the infinite Number of Books which he wrote, and all of them 
 with fpecious and extravagant Titles, it may be feen, that among the Divines 
 of thele Times, he was reputed a Man of great Penetration and Learning ^. Tho' 
 he attack'd Peter Lombard, a Man likewife famous in thefe Times, calFd Magif.er 
 Sententiarum, whom he treated very unhandfbmely, and in one of his Books which 
 he wrote againft him, did not ftick to call him a Heretick and Fool ; yet, becaulc 
 Peter s Opinions were all Catholick, and did not deferve to befo branded hyGtovac- 
 chino. Innocent III. in the Lateran Council condemn'd the Abbot's Book, and pro- 
 nounc'd them Hereticks who fhould dare to defend that part of the Book which was 
 levell'd againft Peter. 
 
 NEVERTHELESS, on account of his great Penetration and Parts, he was 
 look'd upon by learned Men to be very ingenious, and gifted with a Spirit, if not 
 of Prophecy, at leaft of Knowledge, which was the Opinion of H'tlliain Bifhop of 
 Paris, who flourifh'd about the Year 1240. And Dante ' makes no Difficulty in 
 placing him in Paradife, and making hira a Prophet. 
 
 ^here Raban /j, and by his Side do's Jhiue 
 1' he good Calabrian Abbot Giovacchine, 
 Full of prophetick Fire, and Light Divine. 
 
 ' Ep. Regis Angl. aj Clem. IH. apud Baron. 1 ' V. Nicod. in Addit. BIblioc. de Toppi. 
 
 I ^ Dante Farad, canto I z. 
 
 And
 
 Book XIV. ^Z:'^ K I N G D o M 0/ K A P L E S. 627 
 
 And he was likewife reckon'd a Prophet by Matteo Paimieri in his Chronicle 
 and by Sijio S.vieje, Hennctis Cornelius y^gnppa, Paleotto, and many others recorded 
 by the Author of the Appendix to the Library of Joppi. 
 
 I N the mean time Henry King of Germany, on the News of the Death of 
 Frederick Barbarojfa, his Father, who, as we have faid, died in the lefTer Artnenia 
 defirous to gain the good \\\\\ of the Germans, reftor'd to Henry Duke o^ Saxony 
 and to every other Perfon, whatever his Father had taken from them ; and after he 
 had thus fettled the Affairs of Germany, he fent Atabaffadors to Kome to Pope 
 Clement, and the Senators of the City, acquainting them, that he had refblv'd to 
 come to Italy, in order to receive the Imperial Crown the Eajier following ; but 
 while they were^ looking for him, Tope Clement died the Fourth Day of April 1191 
 and Henry arriv'd foon after, when Giacinto Bubone, a Roman, nobly defcended' 
 and 85 Years of Age, had fucceeded Clement, and taken the Name of Celeftine III' 
 v>ho, with the ufual Solemnity, in St. Peter s Church, crown'd Henry Emperor, to- 
 gether with his Wife Conftantia. 
 
 KING 1'ancred went again from Palermo to Piiglia, where he call'd a Par- 
 liament of his Barons, and fettled the Affairs of his Kingdom, and then went to 
 Abruzzo, where he defeated Count Kainaldn, and forc'd him to fubmit. From 
 thence he went to Brindifi, and concluded a Marriage betwixt his eldeft Son Roger, 
 and Irene, fometimes call'd Urania, Daughter of IJ'aac Emperor of Greece \ and 
 foon after, the )oung Lady came from Conftantinople to Brindifi, where the Marriage 
 was celebrated with great Pomp. 1'ancred likewife caus'd Roger to be crown'd King 
 of Stcily in that City ; whence Li'veges obferves ?, that this was the firft King of 
 Sicily that had been crown'd any where but in Palermo ; and after the Coronation 
 was over, and the Caflles of Evandro and Guglielmo were given to Roffredo Abbot 
 of Monte CaJJino, 1'ancred return'd joyfully to Palermo. 
 
 BUT the Emperor Henry was no fooner crown'd in Rome, than he affembled 
 his Army, and accompanied with Confiantia, by the Way of Campania, he attack'd 
 the Kingdom in order to conquer it i but Celefiine us'd his utmoft Endeavours to 
 difappoint him, and was very much offended, that he fhould make War upon 
 ^ancred, who had been invefled with the Kingdom by his PredecefTor Clepienf^. 
 But Cclefiine's Endeavours were all in vain, for the Gennans, being come to the 
 Caftle of Acre, a very fbrong Place on the Borders of the Ecclefiaflick Eftate, 
 took it in an Inftant by Storm : W'hich Adion, as it hearten'd and encourag'd the 
 Emperor's Army, fo it put a Damp upon the Courage of the Natives ; for Sorella 
 Atino, and Colle, were fo terrified, that they furrender'd without being attack'd ; 
 and Roffredo Abbot of Monte Cafifino, who was lying fick, and the Inhabitants of 
 St. Germano, took an Oath of Fealty to the Emperor, who, with Conftantia foon 
 after, went to vifit that Monaflery. As they advanc'd further, the Counts of Fondt 
 and Molife, fubmitted, and in Terra di Lavoro, Jfilliam Count of Caferta, and the 
 Cities of Teano, Capua and Aterfa, likewife fubmitted ; they found no Refiftance 
 till they came to Naples, whither the Count of Cerra had retir'd, and the Citizens 
 continuing firm in their Allegiance to 1'ancred, were prepar'd to make a bold 
 Defence. Naples was at this Time govern'd by Altgerno ; and though the Neapolitans 
 own'd 1'ancred for their Lord, as they had done all the Norman Kings his Prede- 
 ceflbrs, yet they ftill retain'd the fame Form of Government which they had, before 
 Rrtger made their City free. Henry having lent the Emprefs Conftantia to Salerno, 
 which had now come under his Obedience, clofely befieg'd Naples on all Sides, but 
 by no Means was able to take it, becaufe it was not only bravely defended by the 
 Count of Cerra, and the Neapolitans, but likewife the Germans, in the exceffive 
 Heat of theSeafon, by eating Fruit, and the unhealthful Air of thefe marfhy 
 Places, began to die in great Numbers, and among the refl, the Archbifhop of 
 Cologn, whofe Body was carried to be buried in Germany ; and at laft the Emperor 
 himielf fell fick, and finding he was not like to fucceed in his Undertaking, order'd 
 all the Neighbourhood to be pillag'd, ail the Fruit-Trees to be burn'd, and the Siege 
 to be rais'd. And having left Conftantia in Salerno, and a Captain, nam'd Mofca m 
 Ceruello, Governor of the Caftle of Capua, Diepoldus a German, Governor of the 
 Caftle of Acre, and Corrado di Marlei of the Town of Sorella, and taken Hoftages 
 
 ' Chron. of Fofla nova. i ^ Inyeges lib, 5. liifl. Palcrjn. 
 
 * Rice, da S. Germ. • 
 
 from
 
 ^28 7/.V C 1 V I L H I s T o R Y of Book XIV. 
 
 from the Citizens of St. Gerinam^ whom, with the Abbot Roffredo he took with 
 him, he fet out for Lomhardy on his Way to Qe-nnany. 
 
 T H E Count of Cetra having heard o^ Henrys Departure, immediately with his 
 Soldiers, and many Neapolitans, march'd out of Naples and went to Capua, which 
 prcfentiy llirrender'd, where he kill'd a great Number of Germans, and laid Siege to 
 the Callle, which, for want of Pro\'ifions, Mnfca in Cernjello not being able to 
 maintain, furrender'd, and with all his Garrilbn was allow'd to march out '. Then 
 the Count took Atino, Avcrfa, Teano and S. Gerniano, with all the Villages belong- 
 ing CO the Abbacy of Monte Caj[/Ino ; and having follicited Adcnolfo de Cafcrta, the 
 Dean of the xMonaftery to furrender, he could, neither by Intreaties nor Force, pre- 
 vail with him. He afterwards fubjedlcd Riccardo Mandra Count of Molife, and 
 ga\c the Government of S. Germano and S. Angelo, to 1'eodico Mafnedara. Kiccardo 
 Count of Fvndi, who had bought Sejfa and I'eano from the Emperor, terrified at 
 thefe profperous Succefles, deferted his Dominions, and fled to Campagna dt Roma i 
 and Tancrcd ha\'ing a Mind to gratify Ali^eruo for his good Service, in defending 
 Naples, gave him the County of Fondi, forfeited by R/fwrrft). 
 
 BUT this Run of good Fortune no ways frighted y^c/f«o//b Dean of Caffino, who, 
 notwithftanding that Pope Celefiine had excommunicated him, and likewife in- 
 terdided his ^^onaftery % obftinately flood out, and adher'd to the Emperor's 
 Party. On the contrary, the Salernitans, in order to curry Favour with Tancred, 
 deliver'd up the Emprels Conftantia, whom he very generoufly and honourably 
 receiv'd in Palermo, and not long after, at the Defire of the Pope, he fet her at 
 Liberty, and with many Prefents, accompanied with Egidio Cardinal of Aragon^ 
 lent her to Germany to her Husband ^ 
 
 N E V E IJl T H E I. E S S the War was long carried on with doubtful Succefs in 
 ^erra dt Lavoro ; for Adenolfo Dean of Monte CaJJiuo, having affembled Ibme 
 Troops of his own, with a few Germans, recover'd all the Places belonging to his 
 Monaftery j and the Emperor having ftnt back the Abbot Koffredo, with Count 
 Bertoldo, and a good Body of German Soldiers, they join'd the Dean, and made 
 notable Progrefs; and Count Bertoldo having enter'd the Kingdom with many 
 German and Florentine Soldiers, put all Campania and the County of Molife in 
 terrible Confufion, demolifh'd the City of Venafro, and the Caftles in the Neighbour- 
 hood, and made many of ^ancred's Soldiers Prifoners. 
 
 W H 1 1. E our Kingdom was thus ravag'd, Richard King of England, who 
 with Philip King of France had gone to Paleftine, and taken Aeon, having fallen out 
 with King Philip, was the firft that capitulated with Saladin, and made a Truce for 
 Three Years, which they concluded in the Year 1190 ■■, and having given the Title 
 oS. King of Jcnifalem to his Nephew Henry, and to Giiido of Ltifignan, to whom 
 that Kingdom of right bclong'd, the Ifland of Cyprus in place of it, he fail'd with 
 his Fleet from that Coaft, in order to return to his own Country ; but being over- 
 taken with a terrible Storm in the Adriatick Sea, he had like to have been drown'd, 
 and with difficulty got afhore with a few Followers. And travelling privately thro' 
 Germany for England, near to Vienna he was betray 'd by fome of his own Do- 
 rtiefticks, and made Prifbner by the Duke of Auftria, and deliver'd to the Emperor 
 his Enemy, who, notwithflanding all Means us'd for his Redemption, kept him a 
 Year and near Two Months Prifoncr, at lall for a great Sum of Money, fet him 
 at Liberty, to return to his own Kingdom. In the mean time Pope Celefiine had 
 excommunicated both the Emperor and the Duke of Aufiria for this Fadt, and 
 pretended that he could not abfblve them until they had reflor'd the Money ex- 
 torted from the King for his Liberty ; fb that they, by no Means willing to part 
 with it, died thus excommunicated. 
 
 B y T to return to our own Kingdom, Connt Bertoldo purfuing hisConquefts in 
 ^erra di Lavoro, and the County of Molife, and multitudes of the Natives, who 
 long'd for the German Government, joining him daily, oblig'd 'itancred, left the 
 whole Kingdom fhould revolt, to leave Palermo, and return to Puglia, where he 
 
 ' Rice, da S. Germ. Impcrator Regnum Intrat 
 menfc Martio, Papa prohibenre, & contia- 
 ilicentc Arnaldo Lubbecenfe likcvife writes, 
 thitt HcnryV cowing to Puglia, anlmum D. Papa; 
 non parum offendcrat, quia Rex Tancredus a 
 Icde Apoftolica jam ibi ordinatus fuerat. 
 
 * Rice. daS. Cicrpi. 
 
 ' Idem. Adcnulphus Cafcrtanus Decanus 
 Caffinenfis, pro co quod in partes non ceflit 
 Regis, a Celcftino Papa excommunicatus eft, 
 & Monaftcrium Suppofitum inrerdifto. Idem. 
 Roger. Hovenden in Anna). Anglor. Chronic, 
 de Foffa Nova apud Baron. 
 
 aHemblcd
 
 Book IIV. the Kingdom of NAPLES. 61^ 
 
 aflembled a ftrong Army, and march'd to engage the Count ' ; and meetinp one 
 another under MontefiifcolOy they were juft going to engage ; but the King being 
 advifed, that it was not fit to risk his Royal Pcrfbn in Battle with Bcrtddo, fhunn'd 
 fighting - J upon which the Count, whole Army was inferior in Number to that of 
 the King, was overjoy 'd, left Montefufcolo, and retiirn'd to the County of Molife^ 
 where he befieg'd the Caftle of Monte Rodano, and during the Siege, was kill'd by a 
 Ball thrown out of the Caftle from a Machine, which was all the Artillery iis'd in 
 thefe Times J and in his Place the Germans chofe Mofca in Cervcllo their Leader. 
 And Tancred Wkewife march'd from Montefufcolo, and re-took the Caftle of S. Agata, 
 and all the Places of that Province, and from thence he went to I'erra di Lavcro, 
 where the Count of Caferta, and the City of Averfa^ with fome other Places, foon 
 fubmitted to him. And having thus reduc'd to his Obedience, the Borders of 
 Puglia and Campania, he return'd to Sicily ; but before his Departure, he left no 
 Stone unturn'd to bring over Koffredo the Abbot of Caffino to his Party, though in 
 vain, for, as if he had forcfeen what was to happen, neither the Intreaties of the 
 King, tjor the Threats of the Pope, were able to make him defert the Emperor. 
 
 BUT faucred's Profperity was very fhort-liv'd, for ibon after his Return to 
 Talermo, Roger his eldell Son, fell fick, and in the Vigour of his Youth was fnatch'd 
 away by untimely Death, without leaving Ifliie. This grievous Lofs ftruck the 
 King his Father to that degree, that fhortly after, having caus'd his fecond Son 
 William, to be crown'd % he likewife, by tlie Violence of his Grief, fell fo ill, that 
 no Remedy being found equal to his Diftemper, he departed this Life in the Year 
 1 19 3, according to Riccardo da S. Germano, a Contemporary Writer, and with great 
 Pomp was buried in the Cathedral Church of Palermo, under the fame Tomb with 
 his Son Roger, as he had order'd before his Death. 
 
 THIS Prince's Reign was fo very fhort, and full of Troubles and Commotions, 
 that he had not Time to fettle his Kingdom with good Laws ; for he was fb involv'd 
 in the Affairs of War, that he had not Leifure to think of thofe of Peace ; therefore 
 we have none of his Laws • and if he had made Laws, Frederick IL would not 
 have fuffer'd them to be join'd with thofe of KcgeranA the Two IVilliams. For he 
 look'd upon Tancred and his Son Ullliani, who fucceeded him, to be Ufurpers, and 
 •would not allow any of their Grants, Privileges or Donations, as done by Tyrants, to 
 be of Force, or to take Effedl * ; as the Emperor Juftinian did by thtGothiJJj Kings, for 
 he approv'd of all the Afts and Deeds of T/jeodorick and Athalartck his Son, but not 
 of thofe of I'hedatus, Vitiges, and the other Kings their Succeffors, whom he took to 
 be Tyrants, and Ufurpers of the Kingdom of Italy. 
 
 ^ANCRED, by Sibilia da Medania, the Daughter of Robert Connx. of Cerra^ 
 Brother Uterine of Riiggerio da Sanfen;erino, the Son of ^rigifo Normanno, had the 
 Two Sons above-mentioned, and fome Daughters ^ of which only Albirnia and 
 Mandoiiia, furviv'd the Father, and who, with their Brother William, and their 
 Mother Sibilia, were lon-^ kept Prifoners in Germany by Henry, as fhall be related j 
 and according to In-veges ', he had another nam'd Conjiautia, the Wife of Pietro, 
 who was Uncle to the Do^e of l^euice. 
 
 ' Pellegr. Taft. in Anoa. Caflin. 
 
 * Rice, da S. Co.rm. Quod honor fibi non erac 
 cum Bertholdo congredi. 
 
 ' Idem, Rex ipfe in S'lciliam rcmeavit ; ubi 
 ordlne natura; prspoftero Rogcrius filius ejus, 
 qui coronatus in Regem fuerat anno 1 191 . viam 
 
 eft univerfa: carnis ingrefTus, & f rater ejus 
 Guliclmus in Rcgem fucceffit ei. 
 
 '' Conftlt. Inftrumenta, tit. zj. 5; Conftif. 
 Privilegia, tit. 28. lib. 2. 
 
 ' Inveg. lib. 3. Hift. Palerm. 
 
 7 Z 
 
 CHAP.
 
 630 
 
 The Civil History 0} 
 
 Book XIV. 
 
 C H A P. I. 
 
 William III. King of Sicily, fucceeds to his Father Tancred. Thi 
 Emperor Henry makes War upon him, dethrones him, and takes 
 him 'Prifoner. 
 
 ANCAE D was fucceeded by his Son IVilliam III. whom his Father, 
 after ,the Death of his Brother Koger^ had caus'd to be crown'd King 
 of Sicily; upon the News of which, Henry reiblv'd to return to Italy, 
 in orHer to conquer the Kingdom, for he judg'd (jtancred being dead) 
 that there was nothing could prevent his Succefs in the Undertaking. 
 For which end he fcnt his Army to the Sea Coaft of the Kingdom, 
 and he himfelf, with his German Friends, the Count of Fondi^ and many nati\'B 
 BaronSj who met hifn on the Borders of the Ecclefiaftick State, by the way of 
 St. Germane^ went to Monte CaJJino, where he was. honourably rcceiv'd by the 
 Abbot Koffredo '. ^ 
 
 FROM thence having enter'd Campania, ah3'.alTthe neighbouring Places 
 furrenderiiig to him, except Atina^ Rocca Gugliebno^ Capua and Anierfa, which 
 neither furre«der'4i npf were attack'd,'he went towards Naples. Before Henry came^ 
 the Neapolitans had Agreed with the Bifans, whom he had taken care to Tend with a 
 good Fleet, to furrerider, fo that upon his Arrival, the Gates were open'd to him. 
 
 FR- OM Na'ples_\\e ftiarch'd and laid Siege to Salerno,; the Citizens, conlcious of 
 their Villany in delivering up Co;//?-^h?//, ' and afraid that Henry, out of Revenge, 
 would ruin their City, refolv'd to defend thcmfeJves ; but not able to refill fo great 
 an; Arn^y, the'City was taken by Storm, and 'cruelly plunder'd; as for the Inhabi- 
 tants, loftie'bfth^rt were kill'd, fome put in Prifon, and the reft banifh'd - thus 
 was this noble City left delblate. Such was the Fate of the moft magnificent Cities 
 of this Kingdom ; Benevento, when it came under the Government of the Church of 
 Rome, loft all its ancient Splendor and Glory ; and whereas formerly it was the Head of 
 a vaft Principality, afterwards its Territories reach'd only a few Miles without the 
 Walls. Bari, by the Indignation of IFilliam I. \raa deftroy'd ; and Cap'M, upon 
 the declining Hand, had loft its antient Luftre. It ought not then to f«;m ftrange, 
 if from the Decay of thefe renown'd Cities, we fliall fliortly fee Naples ftart up, 
 and, by the'Favour of Frederick II. and yet more by that of. Charles I. of the 
 Family of Anjoii, become the Head, and Metropolis of fo vaft and noble a 
 Kingdom. 
 
 THUS did Henry triumph in thefe Provinces, and with the like Succcls enter'd 
 Pit Ha, which, without any Refiftance, he totally fubdued : From thence he fent his 
 moft trufty Friend the Abbot Roffredo into Sicily, and gave him Power, in his Name, 
 to receive all the Places that were wiLlmg to fubmit. As the Abbot pnfs'd through 
 Calabria, the Cities and Caftles of that Country ftrove which of them fhould open 
 their Gates to him firft, and when he crols'd the Straits, Meffina, Palermo, and 
 almoft all the other Cities of that Ifland, "without making the leaft Oppolition, 
 fubmitted. 
 
 QUEEN Sibilia feeing the Difloyalty of the Sicilians, and afraid of herfelf 
 and Children, left the Royal Palace, and retir'd to the Caftle of Calatahclktta, a 
 
 I Rice, da S. Germane. 
 
 very
 
 Book XIV. f/:?^ K I N G D o M 0/ N A P L E S. 6]i 
 
 \'ery ftrong Place, and able to make a good Defence ; and in the mean Time the 
 Palernntaus invited the Emperor, who had now come over to S/cilv^ to make his 
 Entry into their City. But Henry not willing to lolc '1 ime in hcdegmgCaLital^el- 
 lotta, rclolv'd to gain his Ends by Fraud, whereupon he fent AlelTcngers to the 
 Queen, to tell her, that if (he would give up the Kingdom, flie fliould have the 
 County oi Leccc to herfclf, and the Principality oi I'aranto to her Son ff'jllia;n ^ the 
 Queen feeing herfclf deferted by every Body, accepted the Offer; and the Emperor 
 foon after, having with great Pomp made his Entry into Palermo^ the poor unfor- 
 tunate Ji'tlliam came, and at his Feet furrcnder'd the Crown of Sicily^ as the 
 Chronicle preferv'd in Monte CaJJino, and Kiccardo da S. Gcrmano relate. 
 
 THUS did thele Kingdoms go from the Normaus to the Suevi^ not by Conqueft, 
 as the Normans had taken them from the Greeks and Lougobards^ but by Succeflion, 
 inthePerfon ofConftantia, the lafl of the lawful Race oi the Normans. 'Tistrue, 
 this Title would have been of no flead to Henry., if he had not back'd it with his 
 Arms; but it cannot be denied, that his Son Frederick, in his Conftitutions fre- 
 quently declares, that he held the Kingdom by no other Right but that of Suc- 
 ceffion. Therefore he calls the Kingdom oi' Sicily, Hxredttarmm Kegnum ', and in 
 another Conftitution, Hxreditaspretiofa S 
 
 HE NK T having triumph'd over his Enemies, and fubjedled the Kingdoms of 
 Puglia and Sicily, in order to fix himfelf in them, very imprudently, had recourle to 
 Cruelty and Rigour ; for after he had rewarded the Abbot Knffredo, and given to his 
 Monaltery the Caftle of M.ilveto, and reftor'd to it Jnno, and Kocca Guglielmo, he 
 caus'd a General Affembly to be conven'd on Chriftmas Day, in the Royal Pahce 
 o£ Palermo^ where having fignified to thofe prefent, that by Letters from Pietro 
 Count ofCelano, he had been advertis'd of a Confpiracy hatching againfl him, con- 
 trary to the Articles agreed on, and the Protection given, he impriion'd IVilltam the 
 late King, Queen Sibtlia and her Daughters, Niccolo Archbifhop of Salerno, with 
 Riccardo Count of yijello, and Ruggiero his Brothers, all three Sons of Mat tec the 
 High Chancellor, whom he' hated ' mortally, becaufe, as we have faid, it was he 
 that perfuaded the Sicilians to make 7'ancred their King; hut Matteo being now 
 dead, he vented his Paffion upon his Sons.' He likewife caus'd the Bifhops of '7'rani 
 and Oj?/7;//,* with many other Prelates and Barons, to be feiz'd ; and perfifting in his 
 Cruelty, he barbaroufly caus'd many of them to be burn'd, fome hang'd, and the 
 Eyes of others to 4i»e put out, and the unfortunate U'tlliains Tefticles to be cut off. 
 Pope Celejline upon hearing of this Cruelty, and likewife at the Defire of Eleonora 
 Queen of EngLvid, the ISIother of our: Queen Dowager 'Joan, who wrote to the 
 Pope for that Purpofe ', fent an Apoftolick Legate to expoftulate this unheard-of 
 Cruelty with him ; but the Emperor undervalu'd all thefe Advices : And Roger 
 Ilovenden, in his Annals, adds, that not content with having wreak'd his Barbarity 
 upon the Living, he did not fpare the Dead ; for he caus'd the Bodies of King 
 ^ancred' and his Son Roger to be rais'd, and the Royal Crowns with which they had 
 been buried, to be taken away, faying, that they wore them by Ufurpation. The 
 Emperor Henry his Son, was of the very fame Opinion ; and therefore annull'd all 
 the Ads, Privileges and Donations, and all other Contracts made in the Names 
 of thefe Princes^ looking upoii them'as Tyrants and Ufurpers, and not lawful Princes, 
 bathe always call'd Jlo^3;f/- and Vf ////<?«/ his Predccelfors. 
 
 BUT this Year 1195, while Henry was thus enjploy'd in Sicily, Conjlantia left 
 Germany, and on her way to Sicily, in the City of Efi in M.irca d'Ancona, brought 
 forth a Son, who, perhaps, as a Prefage ofwhat was tohappen, or rather an Induce- 
 ment to Virtue, was call'd after his two Grandfathers, Frederick Roger, by fbme, 
 Roger Frederick. This Hero, according to the Chronicle of Monte Cajfmo, Riccardo 
 da S. Gcnnano, and Albertus' Abbot of Stade, was Born this Year 1195 ', and in th's 
 obfcure' City of Marca d'Ancona ; fo that the Place of his Nativity had a great 
 Refemblance with that of his Death, which was Florentiuo, likewife an obfcure Pl.xce 
 of Puglia. ' hive^es ', who by all means will have him to have been born in Palermo, 
 follows the Opinion of the Moderns, contrary to that of Riccardo da S. Germane, 
 
 ' Conftit Cum hxrcdirarlum Rcgnumnoftrum 
 ■Slcilis, cujus prxclara hircditas. See. -lib. ;. 
 tir. 2?. 
 
 ^ Lib. I. in Proxm. Cum igitur Regnum 
 
 Sicllii noftrsE Majcflatis hxrcditas prcciofa, &c.' 
 ^ Epift. apud Baron. 
 '' Pellfgr in Chrnn. CafT. Anno njy. 
 ' Invcg. lib. }. hift. Paler. 
 
 and
 
 632 fT^^ Civ I L History o/ Book XIV. 
 
 and the moft anticnt Writers ; and upon a falfe Suppofition, that Confiantia and 
 Henry had been crown'd in Palervio in the Year 1194, it appears incredible to him, 
 that (he could be brought to Bed in Efi the Year following. And he is certainly in 
 the Right on it, but Couji ant i a did not go to Sicily till this Year 1195, as thele 
 antient Hiftorians relate. He was born when his Mother Confiantia was but 37, or 
 at moft 39 Years of Age ; and being born amidft the Inconveniencies of a Journey, 
 that he might not be expos'd to greater Dangers, his Mother gave him to be nurs'd by 
 the Dutcheis of Spolcto, and the Care of him was committed to her and Alberto, by 
 fome call'd Corrado, Duke of SpoU'to, and Count oi AJJifi, her Husband ', who three 
 Years after caus'd him folemnly to be baptiz'd in the City of AJ/ifi, in the Prefence 
 of fifteen Bifhops, and many Cardinals, and he wasnam'd Frederick Roger, after his 
 Great Grandfathers. This Solemnity in Prefence of fo great a Number of Cardinals, 
 and other Prelates, after fo long a Delay, and the idle Story fpread amongft the 
 Common People, of his being a Suppofititious Child, gave Rife to that fabulous 
 Story written by Cranziics, in a Book which he compos'd concerning the Metropolis 
 of Saxony, from whom other Modern Writers have taken it, that the Emprefs, by 
 rcalbn of her old Age, being paft Childbearing, and according to thefe Writers 55, 
 or as fome of them will have it, 60 Years of Age, was brought to Bed of Frederick. 
 in a Tent on the Middle of the Market-Place, in Prefence of all the Women of 
 the Town, that had a mind to fee her ; and that in order to remove all Sulpicioiu 
 on her way to Palermo, fhe travell'd with her Breaft naked, and expos'd dropping 
 Milk, as the Author of the Preface to the Capittila of the Kingdom of Sicily does 
 not ftick to write. For removing the Sufpicion the Vulgar had conceiv'd, that the 
 Child was Suppofititious, Pope Celefiine, before he would inveft Frederick with the 
 Kingdom of Sicily, was forc'd to make Confiantia fwear, that he was begotten by her 
 Husband Henry ; and the Reafon of this Oath, was not that fhe was look'd upon as 
 paft Childbearing for old Age, but to fmother the Report of the Impofture fpread 
 among the Vulgar ; and when Alarcotaldns d' Amemidcr, was making War againft 
 Frederick in Stcily, he wrote to Pope Innocent, who had fucceeded Celefiine, that he 
 would clearly prove the Impofture ; the good Pope, who thought the Mother's Oath 
 fufficient Proof, would give no Ear to Marcovaldus, but rcjeded his Offer. Whence 
 proceeded the Story afterwards of Confiantia s being fo old, that fhe was paft Child- 
 bearing when fhe brought forth Frederick, and of her being bred up from a Child in 
 the Monaftery of the Greek Nuns of S. Bafil in Palermo, with other fabulous Stories, 
 which we have already difprov'd. 
 
 1 N the mean Time the Emperor Henry, after he had invefted Mofca in Cervelh 
 with the County of Molife, which had been taken from Mandra, who, being expell'd 
 the KiiTgdom,- died foon after, refolving to return to Germany, went to Piiglia, and 
 call'd an Affembly, where Confiantia was prefent, who fhortly after return'd to Sicily^ 
 ^.■ndUcnryfQto-ax. for Germany, and carried //"///ww and all the Prifbners abovenam'd 
 along with him, whofe Liberties Pope Celefiine had in vain fbllicited. He likewife 
 took with him all the Gold and Jewels he could lay hold of; and robb'd thcTreafure 
 and Furniture of the Royal Palace, confifting of Veffels of the pureft Gold and 
 Silver, Foot-ftools, Bedfteads, and 'Fables of the fame Metal, and Cloth of Gold 
 and Purple, amafs'd by the former Kings ; with which he loaded a Hundred and 
 fifty Bcafts of Burden. Thus did the Sicilians fee the Spoils of their Kingdom 
 carried off like thofe of a conquer'd People, by a foreign and rapacious Enemy. 
 Thefe and greater Miferies which the Sicilians fiiffer'd by the Germans, and Henry 
 their Mafter, L\one Falcando, in the Preamble to his Hiftory dedicated to Pietro 
 Archbifhop of Mejfina, laments and defcribesat large. 
 
 AFTER Henry was gone for Germany, Kiccardo di Medania Count of Cerra, 
 Brother-in-Law to the late King I'ancred, on his way to Campania di Roma, whither 
 he was going to fhun Henrys Cruelty, being betray 'd by a Fryar, was made Prifbner 
 by Diepoldiis Alemannus, who kept him clofely fhut up in the Caftle of ylrcc, till the 
 Emperor fhould return to Italy in order to deliver him up to him. In the mean 
 Time Henry fent the Bifhop of I forms his Ambaffador, wfio was no fooner arriv'd 
 at the City of Naples, accompanied with the Abbot Roffredo, and many Soldiers, 
 
 ' Aft. Inn. III. Apud Baron. 'Anno 1 197. 
 Conrado nomine Sucvo, qui anteacreatus fuerat 
 Dux Spoleci Sc Comes Aflirii, uti fidulifliino fibi 
 
 fubdiro, & amico, gentili fuo, atque Duclflk 
 ejus Conjugi. 
 
 both 
 t
 
 Book XIV. the K i n g d o m 0/ N A P L E S. 655 
 
 both Natives and Gerviam, tlion he caus'd the WalJs of the City to be levell'd with 
 the Ground i and according to R/ccrfft/o da S. Cermano'y Gsptt* had the fame Fate* 
 And the Emperor having aliembled a vaft Army in Germany, confifting of Sueviaiis, 
 Ba-variaiu, Fraiicoiiiaus, and other Nations, to the Number of Sixty thoiiiand, 
 under pretence to fend tliem on an Expedition beyond Sea, but in reality, according 
 to Arnoldus Lubecenf.Sy to exterminate aJl the Nortmiis, and particularly thoie, who 
 had fided with King TiWcred againft him, he came into Italy, and after fome Day5 
 ftay in Fercutnw, he march'd to Capua, where having caus'd all the Barons to be 
 conven'd to hold a General Aflembly, Dtepoldo Alcmanm deliver'd up to him Count 
 Riccardo, whom he ftamefully caus'd to be tied to a Horfe's Tail, and dragg'd 
 through all the mofir dirty Streets, and at laft hung up by the Feet ^ and after he had 
 liv'd for two Days in this Torment, the Emperor order'd a German Buffoon to tie a 
 Rope, with a great Stone made faft to it, about his Neck, and in this manner he 
 was cruelly ftrangJed. '. Then the Emperor held his Parliament, and laid a Tax 
 upon all the People of the Kingdom, and made Diepoldo Akmamio Count of Cerra^ 
 and ient Oddo, Dtepoldo & Brother, to befiege Roccafeccay to which Kinaldo and 
 Laiidolfo, two Brothers of the Family oi Aquino, had Hed to defend themielves 
 againft {o cruel an Enemy, and then he went to Sicily, where he caus'd ail the 
 Normans to be put to Death after cruel and different manners, not Iparing the very 
 Children ; and to be reveng'd of thofe iVo;"»/i;/7i' of the firft Rank, and Royal Blood, 
 who had had a hand in the Crowning of King I'dncred, he caus'd Crowns to be nail'd 
 to their Heads, till in that cruel manner they died. He likewiie imprilbn'd Mar- 
 garitone a famous Captain, Duke of Ditrnzzo, Prince of ^arauto, and High 
 Admiral, and order'd his Eyes to be put out, and his Tefticles to be cut off 
 
 THE Emprefi Confiantia leeing her Husband treating her Notnians in this bar- 
 barous and CTuel manner, and his wicked Inclination lent to cxtinguifh her Royal 
 Race, not able to bear fuch malicious Doings, revolted from him ^ ; and having 
 combin'd with the Chief Men of the Kingdom, and laid hold of the Royal Treafure, 
 fhe rais'd an Army againft him ; whereupon the Barons became more bold, openly 
 revolted, and kill'd all the Germans that fell in their way, and they would not have Ipar'd 
 the Emperor himfelf, if he had not fled and taken fhclter in a ftrong Caftle. But 
 he refblving to go to a more fecure Place, was fo befieg'd on all Sides by the Sicilians^ 
 tliat, not able to make his Efcape, to extricate himfelf from the Danger he was in j 
 he agreed to whatever Conditions his Wife fhould be pleas 'd to impofe upon him j 
 fhe order'd, that upon his being fet at Liberty, notwithftanding the Marriage Con- 
 traft, he fhould immediately repair to Germany. But he, unwilling to put a Stop 
 to the foreign Expeditions which he intended, order'd Matters fo, that at laft ha 
 wa5 rcconcii'd to his Wife and the ditaffeded Barons; whereupon he imbark'd his 
 great Army in a numerous Fleet for Syria, which ftruck great Terror into Alexius 
 Angelus, who had dethron'd his Brother ifaac, and was now Emperor of Ccnflantf 
 tinple ; for having fent Ambaffadors to tell Alexius, that he muft reftore all the 
 Country which King IVilliam had formerly conquer'd in Greece, which reach'd from 
 Epidaurtis to Tbejfalomca, or pay him what 'I'ribute he fhould impofe upon him ^ 
 the Greek Prince, terrified at the Power of the Emperor Henry, durft not refufe the 
 Condition offer'd, but only begg'd to have the yearly Payment moderated • and 
 fent fbme Perfons well skili'd in fijch Matters over all his Empire, to collect all the 
 Gold that could be got, not only from private Men, but alio from the Churches, 
 and not to fpare the Sacred Veffels, and the Sepulchres of the Dead, in which, 
 according to the Cuftom of thofe Times, great Sums of Money were laid in Honour 
 of the Perfons buried therein ; till they had made up fifteen Talents, the Sum 
 demanded by Henry. 
 
 WHILE thefe Matters were tranfading in Greece, the Imperial Army let fill for 
 the Eaft, and was commanded by Conrade Bifhop of Lielma, and Chancellor of thg 
 Empire, who in the Emperor's Abfence had governed in Suily, and after a profpcrous 
 Voyage landed at Aeon in Palefiiue. 
 
 ABOUT the fame Time, when the Emperor was befieging Cajiel Gionamii^ 
 which had revolted, being taken ill, he retir'd to Mejfma, where his Sicknefi 
 increas'd to that Degree, that foon after, on the 29th of September U97, he 
 
 ' Rice, da S. Germ. 1 ' Roger. Hovenden. Annal Aiiglor. 
 
 * Croa. de Foda nov. ' 
 
 8 A departed
 
 6 5 4 ^/■'^ Civil History of Book XIV. 
 
 departed this Life ' ; his Cruelty made the News of his Death not only acceptable to 
 the Emperor of Conftantimfe^ who dreaded him much, but likewift to all the People 
 o( Sicily and Pnglia. 
 
 HENKT, according to Goffredo da Vtterho^ was a Man of a genteel and noble 
 Appearance, but his wicked Adlions fhew'd him to be of a faulty Difpofition of 
 Mind, cruel, perjur'd, and faithlefs, moft covetous of Money, and an Enemy to 
 the Popes, by whom he was excommunicated for making Richard King o( England 
 Prifoner, and taking Money for his Ranfom, and for feizing Niccclo d'Ajello Arch- 
 blfliop of Salerno ; and dying under the Ccnllires of the Church, he was not buried 
 in holy Ground. But from his laft Will, which was afterwards found, and as loon 
 as he fell fick, his having fent the Bilhop oi Bethime to King Richard^ with the 
 Money he had paid for his Ranfom % it's evident that he repented him of his by-paft 
 
 Mifdeeds. 
 
 AFTER his Death, the Emprefs Confiautia immediately fent the Archbifliop of 
 Mejjhia to the Pope, to beg of him to allow her to bury his Body in the Church j 
 and likewile, that he would give Orders to raife the Siege of Marca di Guaruiero, 
 wherein Marcovaldiis o{ Memidcr, a German, and Chief Juftice of the Empire, was 
 clofely befieg'd by the Romans ; and that moreover, he would caufe her Son Fre- 
 derick to be crown'd King of Sicily, and give him the ufual Inveftiturc ^ To the 
 firft Requeft, the Pope anfwer'd, that the Emperor's Body could not be buried till 
 all Matters were accommodated with the King oi England. To the Second, that 
 Marco'valdiis could not be reliev'd without the Confent of the Ronaus ; and to the 
 Third, that Frederick fhould be crown'd King ol' Sicily, provided his Brethren the 
 Cardinals would likewife give their Confent : W hen they confented, the Coronation 
 was order'd to be perform'd, upon Payment of a thoufand Marks of Silver to the 
 Pope, and as much to the Cardinals ; and befides, the Pope oblig'd Confiantia to 
 fwear upon the Holy Evangels, that Frederick was born in lawful Wedlock con- 
 traded betwixt her and Henry. 
 
 THE Emperor before he died made a Will, part of which is recorded by 
 Baronius in his Annals, which he fays he gathered from the Life of Pope Innocent 
 fent him by Cardinal Carlo de Conti, found by him in the Archives of A'vigncn, 
 while he was Legate there, written in a \ery antient Charafter ; and it bears, that 
 this Will was found among the Baggage o( Marcovaldtis after he had been defeated 
 by the Romans, not in Marca d'Ancona, but in a Battle which we fhall have occa- 
 fion to mention in the following Book. And this Teftament, full of Piety, (hews 
 that he repented him of his by-paft Faults, and fince he could make no other Repa- 
 ration for them at the Point of Death, it lets us fee that he was willing they fhould 
 at lead be mended by his Heir. By Virtue of which Will, according to Roger 
 Hovenden's Annals of England, the greateft Part of T/z/c^?;;', which he and the pre- 
 ceding Emperors had taken, to wit, Acquapcndente, Santa Crifpina, Monte de Falifci, 
 Radicofano, and S. ^nirico, with all their Territories and Jurifdidlions, and many- 
 other Places depending on the Pope, were reftor'd to the Church by Ccjiftantia. 
 
 MA^'HEIV PARIS likewife relates, that Henry left to the Friars of the 
 Cifiercian Monaftery, Three thoufand Marks of Silver out of the Money paid by 
 Kin^^ Richard of England, in order to make Cenfers for all that Order, but that the 
 Abbot refus'd the Prefent, as unjuftly acquir'd. 
 
 A T laft Matters being adjufted with England, the Pope confented that Henry's 
 Body (hould be buried, which was accordingly done in the Cathedral Church of 
 Palermo, under a rich Tomb of Porphyry, which is to be feen at this Day. His 
 Army, which not long before his Death arriv'd in Palejline, under the Command of 
 Bifhop Conrade, hearing of his Death, and that Saladins Son was come into Palefttnc 
 againft them, were fo ftruck with the bad News, that though the Soldiers were 
 difpos'd to ftand their Ground and fight gallantly, yet all the principal Officers, 
 except the Bifliops of Verdun and Mentz, fliamefully fled ; the Bifhop of Mentz, by 
 Order of the Pope, went afterwards and crown'd the King of Armenia, who had ear- 
 neftly defir'd it. 
 
 ' Rkc. da S. Germ. Rog. Hoven. Ann. | ' Rog, Iloven. Annal. Ang. 
 Ang. Cion. Ji IplTa Noya. Pirri in fcfto ' Idcn}, Ann. Ang. 
 S. Michaclis. . \rr.ni\ .-.''^r ti . 
 
 BUT
 
 Book XIV. the K i n g d o m 0/ N A P L E S. 635 
 
 BUT now, after all thefc Traniadions, Pope Celefthw, after he had govern'd 
 the Church Seven Years, died in Koine the Sixth Day of January, hi the Year 1198, 
 and Gio'vaniia Lotario, Cardinal of Sr. Ser^im, of noble Birth, not above Thirty- 
 Years of Age, of a moft courteous Behaviour, and tlic greateft Scholar and 
 Lawyer of his Time, was eledled in his Place, and call'd Innocent III. 
 
 <.t-^S&i.3ij^^ 
 
 ^^^; 
 
 iL--Jl 
 
 "^r^^-^mr'^^"^*^ 
 
 e^^ 
 
 C/'GtJA^' c^%s> c^.J^s cMIao cC3'^ 
 
 CHAP. II. 
 
 The Emprefs Conftantia tahs the Government of the Kingdom. 
 Her T>eath 5 and an End of the Royal Race of the Normans. 
 
 N the mean time the Emprefs Conftantia, feeing how much the German 
 Soldiers, and their Commander in Chief Marco'valdtis, a Man of a 
 diflblute Life, extreamly Cruel and Rapacious, were hated by her 
 Subjeds, for the Quiet of her Kingdom, difmiis'd them, with Orders 
 to march forthwith out of Pnglta and Stcily, and never to return 
 without her Liberty ' ; whereupon they all march'd away, and 
 J^Iarcovaldus went to the County of Molife, which Henry had given him on the 
 Death of Mofca in Cervelln^ and that he might not be molefted by the inrag'd 
 Natives, or ftopp'd by Pietro Count of Celano, or the Cardinals, who ftay'd in the 
 Kingdom, the Emprefs gave him a fafe Condudt or Pafs ; and having left'Ca/icUaius 
 in the Forts of the faid County, he went to Marca d'Ancona, of which he had 
 been made Marquis by Henry^ where he remain'd till Conftantta died, and then re- 
 turn'd to Piiglia, where he did much Mifchief, as fhall be told. 
 
 A S fbon as Innocent III. was crown'd Pope, he left no Stone unturn'd to get 
 Queen Stbilia, her Son IVilltam, and her Daughters, Niccolo Archbifhop of Salerno^ 
 his Brothers, and the other Sicilian Barons and Natives, fet at Liberty ; for though 
 the Emperor was dead, yet they were flill kept Prifbners in Qerinany ; and for that 
 end he fent Three Letters, the firft direded to the Archbifhops of Spires, Strasbnrg 
 and IVorms, wherein he enjoin'd them to excommunicate all thofc who had a Hand 
 in keeping the Archbifhop of Salerno Priloner, if they did not forthwith fet him 
 at Liberty, and fend him honourably to Rome ; and likewife to excommunicate the 
 whole Province in which he was Prifbner : the Second was to the Bilhop of Sutriy 
 and the Abbot of St. Anaftatius, ordering them to abfolve Phihp Duke of Savoy, 
 Henrys Brother, from the Excommunication he had incurr'd, for having invaded 
 and poflfefs'd the Eftate of the Church, provided he would procure the Liberty of 
 the forelaid Prelate : and the Third was to the faid Bifliops and Abbot, injoining 
 them, that if Queen Sibilia, IVilltam and his Sifters, and all the other Prifbners 
 were not reliev'd from Prifbn, to excommunicate all thofe that fhould detain them, 
 and intcrdidl their Baronies '■. Therefore Duke Philip, who had married Irene the 
 Greek, Widow of young Roger King of Sicily, mov'd with Compaflion for thefe 
 unfortunate Ladies, and alfo in Obedience to Pope Innocent, fet them at Liberty, 
 and fent them to the Pope in Rome, except William, who had died a little before in 
 Prifbn ; but what became of them afterwards, and of IValter Duke of Brenna^ 
 who married one of thefe Ladies, and with arm'd Porce enter 'd I'erra di LavorOy 
 fhall be related in the following Book of this Hiftory. The Archbifhop of Salerno, 
 
 Rice- da S Gcrmano. 
 
 ' Gcfta Inn. III. V. Baluz- Epift. Inn. 
 
 and
 
 6^6 
 
 The C I V I L Hist 
 
 O R. Y 
 
 '/ 
 
 Book IIV. 
 
 and the Counts Riceat-do and Ruggtero his Brothers, likewife got their Liberty, 
 ifeturn'd to Salerno, and liv'd long after. 
 
 I N the mean time the Emprcls caus'd her Son Frederick, who was ftill in the 
 Ifands of the Duke of Spolefo, to be condaftcd to Sicily hy tlie Counts of Ceiauo 
 and Loreto ; and fhortly after fhe demanded of the Pope the Inveftiture for hcrfelf 
 and Frederick, which he ftiffly refus'd, not willing to give it in the fame Manner 
 that Pope Adrian gave it to William I. and though Couftantia offer'd to reward him 
 liberally, yet he was unmoveable, unlefs Four Articles, of which we (hall Ipeak: 
 hereafter, formerly ftipulated with King iVilliam, were annuU'd, to which the Quecn^ 
 confentcd, and got the Inveftiture of the Kingdom for herfclf and Son,, from the 
 Hands of the Cardinal ofOJiia, who went to Palermo as Legate of the Holy Church, 
 where he crown'd them both, and took their Oath of Fealty, and a Promife of a 
 yearly Q_uit-rent of 600 Scbifati for Piiglui and Calabria, and of 400 for Marfia. 
 Baroniiis has recorded this Inveftiture, wherein are the following Words : ^wniam 
 Re-rnum Sicilix in yipojlolica Jedis fide adbuc permaufit, & Rcgerius quoudara pater 
 tuiis, £^ H'illielmus fi'ater, t? IVillielnius ?tepos Reges ylpojiolicani Sedeni, & Pnede- 
 ccjfcres mjiros fimvia confiantia coluerunt, &c. conccdimus Reginun Sicilice, Ducatmi 
 ApitliiX, & Principatum Capua, Ncapoliiii, Sakrnv.m, AViialfim, Marfiam, cum iis 
 qv.ce ad borum fingnla pertinent. 'Tis likewile recorded by Cbicccarelli ' and A^w^A^o ', 
 and related by Innocent III. himfelf in one of his Letters '. Innocent al(b wrote a 
 Letter or Brief, prefcribing to her the Method fhe was to obfcrve in the Eledion of 
 Bifhops over all her Dominions, much reftridting that Authority, which by virtue 
 of theantient Privileges and Agreements, made hetwi^t ll'illiam I. and Pope Adrian^ 
 the Kings of Sicily had in theie Eledtions ; of which we fhall have occafion to 
 difcourfe, when we come to treat of the Ecclefiaftical Polity : Wherefore Frederick II- 
 -Opas v^-ont 10 complain, that Innocent had trick'd his Mother when he was a Child ; 
 hat that he woiitd not in the leaft fuffer the antient Rights and Privileges of the 
 Kings of Sicily to be diminifh'd ; which made him odious to the Popes, and was 
 one of the Caufes of the many Jars and W^ars, with which Europe was long afBicfted, 
 as fhall be related in the following Books of this Hiftory. 
 
 BUT the Empreis Conft.intia, the laft of the lawful Heirs of King Roger, 
 fallinw fick in Palermo, departed this Life on the Fifth Day of December 1198. She 
 was buried in the Cathedral Church of the lame City, under a Tomb of Porphyry, 
 do(e by her Husband, and the Inicription, according to Baroniiis "*, ingravcn by the. 
 l3irefti'on of a certain Ruggicro Partita, a Canon of Palermo, not well acquainted 
 with the Truth of her Hiftory, contains the fabulous Story of her being a Nun, 
 and old wheri (he was niaf ried to Ihnii'y. 
 
 COi^S'TANflA, by mofi: wicked and pernicious Advice, in her laft Will, 
 which fhe made 'I'wo Days before (lie died, left the Care and Guirdianfliip of her 
 Son and his Kingdom to Innocent III. This Deed not only occafion'd terrible Dif^ 
 orders, and pav'd a Way for the Popes in many Things, to incroach upon theKing- 
 dorri as mav be (eeil in the following Book ; but likewile was the Foundation of 
 their other pretended Claim of their being Adminiftrators of the Kingdom, during 
 the Minority of the Kings, even though they were not appointed Guardians by the 
 preceding Prince, they pretending that it belongs to them by Right, asdiredt Lords, 
 which Clement IV. adlually made a fpecial Condition in the Inveftiture which he 
 gave to Charles of Anjoii ; and in the Courfc of this Hiftory we fhall find many 
 Difordcrs and Debates in this our Kingdom, on account of thelc Pretenfions. 
 
 THUS in Confiantia j ended the Royal Race of the Normans, which, from the 
 Year 1130, when Ro<^er aiTum'd the Crown \n Palermo, had glorioully govern 'd 
 the Kingdoms of Pi:<^lia and Sicily with Royal Title, the Space of Sixty-eight Years : 
 Princes, who, for xlieir noble and commendable Actions, arc worthv of glorious 
 and immortal Memory, who, in the middle of Two Empires, eftablifh'd in Italy 
 the moft powerful and noble Kingdom that was in thefe Times in all Europe ^ and 
 under Roger, and the Two fVilUams, made both the Weft, and the utmoft Parts 
 of the Edft to tremble However, the Norman Blood was not quite extiiiguifh'd in 
 thefe our Provinces. There remain'd many Barons and Normau Counts, who, for 
 
 ' Chioc. torn. I MS- )ui'. 
 
 * Raynal. ad aim. 1198. num.67. 
 
 ' Inn. Ep. torn. 1. lib. i. fol. 20J. 
 
 * Baron, ad Ann. i if,9. 
 ' RicgaiJo ila 5». Gcun«n«, Inn. E^lft lib. i. 
 Epift. 
 
 a long 
 
 t
 
 Book XIV. fZ;^ Kingdom o/N A P L E S. 6:^7 
 
 a long Series of Years tranfmitted their Counties and illuftrious Blood to their 
 Pofterity i and on good Grounds, fbme of our Barons at prefent boaft of their 
 Defcent from lb renown'd and noble a Stock. And at the fame Time we fee how fo 
 famous a Kingdom, after the Death oiConftantia^ the laft of that illuftrious Houfe, 
 pafs'd from the Normans to the Siie-vi. With the Death of Conftantta, after we 
 have related the Ecclcfiaftical Polity of this Century, we fhall put an End to this 
 Book, for the great and glorious Aftions of Frederick her Son, calling us to more 
 noble and famous Enterprizes, will furnifh very ample and bright Matter for the 
 following Books of this Hiftory. 
 
 CHAP. III. 
 
 The EccJefiaflJck 'Polity of thefe our 'Provinces throughout all tht 
 Tis^elfth Century^ to the Reign of the Suevi. 
 
 N this Century the Ecclefiaftick State made a more fhining and 
 bright Figure than ever. The Popes, exalted above all the Kings 
 of the Earth, extended their Power over all Kingdoms and Pro- 
 vinces ; and the very Kings thought it their greateft Honour to 
 own themfelves their Vaflals, and render their Kingdoms tributary 
 to the Apoftolick See ; for the Popes had made themfelves 
 Sovereigns in Rome, and difclaim'd all Dependence upon the Em- 
 perors ; and they made good their Pretenfion of making Emperors. Rome was 
 become the general Court, to which not only all Ecclcfiaftical, but alio Civil Caufes 
 from all the Dominions of Europe were carried, and the Princes, with great Sub- 
 miflion, were at the Beck of the Roman Pontiffs j and in the Time of Innocent III. 
 the Papacy was at its higheft pitch of Grandeur. For the mofl: part Councils were 
 call'd by the Popes, or their Legates, wherein they made fuch Regulations, as thev 
 judg'd moft conducive to their Grandeur ; and the Bifhops were only to give their 
 Confent. Appeals of all kinds, and from all Perfons, were become Co frequent that 
 there was no Affair whafbtever, but was immediately carried to Rome The Popes 
 had, for the moft part, ingrofs'd the conferring of Bifhopricks, becaufe they were 
 Judges of the Validity of Eledions, though thele belong'd to the Clergy, as the 
 Ordinations did to the Metropolitans. For this end they exalted the Dignity of the 
 Cardinals to that degree, that they were look'd upon not only as fuperior to Bifhops 
 but alfb to Patriarchs and Primates ; and efpecially they confin'd the Power of 
 eledling the Pope to them. In order to demonftrate their unlimited Power, and 
 at the fame time to make advantage by it, there was nothing could happen, for 
 which Difpenfitions were not eafily obtain'd at Rome, which fb enervated the 
 Ecclefiaftical Difcipline, that it provok'd St. Bernard to declaim againft the Abufe 
 of thefe Difpenfations, as one of the great Corruptions introduc'd irtto the Church. 
 
 BUT above all, what rais'd the Papacy to the Pinacle of its Glory, was, that 
 all Difputes that happen'd betwixt the Princes of Europe, and Controverfies among 
 the greateft States, were rcferr'd to Rome, to be decided by the Pope, of which the 
 many Letters aud Decretals of Innocent III. arc flagrant Proofs. The Kings of 
 England, France and Spain, paid moft profound Obedience to that See. The mofl 
 important Affairs of their Kingdoms were manag'd by Prelates. In the Kingdoms 
 of Puglia and Sicily, the Archbifhops of Palermo, Salerno, Mejfuu, Catania, and 
 many other Ecclcfnfticks, had the Direction of tlip moft weighty AfEiirs of the 
 
 8 B Crown^
 
 6^^ The Civil History of Book XIV. 
 
 Crown, The moft confpicuous Embaflles were intrufted to them ; and they had 
 the Charge of the King's Houfhold. They were of the King's Council, and gave 
 their Advice in Matters of the grcaiefl Confequence. 
 
 THEREFORE they negleded the fpiritual Government of their Churches, 
 and only minded the Affairs of State, and acquir'd to their Churches Jurifdidions, 
 Prerogatives and Honours, but efpecially temporal Riches ; and by the Favour of 
 Princes, their judicial Power was inlarg'd ; for the Bifhops being commonly of the 
 King's Council, was the Caufe of a valt Addition to the Authority of the Epifcopal 
 Courts ; and we have feen, that the Archbifhop of Palermo obtain'd from King 
 iVilliain^ that the Ecclefi'aftical Judges fhould take Cognizance of the Crime of 
 Adultery ; and the Emprels Conjiantia Queen of Sicily^ directed an Edidl to the 
 Counts, Juftices, Barons, Chamberlains and Bailiffs of the Diocefs of Penne^ in 
 which (he exprefly prohibits them to take Cognizance of the Crimes of Adultery, 
 but to leave them to the Ecclefiaftical Jurifdidion ; and if there had been Violence 
 made ufe of in committing the Crime, the Ecclefiaftical Judge was to take Cog- 
 nizance of the Adultery, and the fecular Magiftrate of the Violence, which we 
 read in the Edidt dated in Palermo, in the Year 1197, and recorded by Ugbellns in 
 his Italia Sacra '. Befides, the Ecclefiafticks as more learn'd than the Laicks, were 
 look'd upon as more fit, and better qualified to adminifter Juftice, whence the 
 People were eafily induc'd to fubmit to them as Judges, and moreover, the Church 
 not having the Power to condemn to Death, nor even to Fine, everybody, in order 
 to be more gently treated, did not only not decline, but defir'd to be fubjedt to her 
 Judgment. But what moft contributed to the Increafe of their Power, was, that 
 Kings, Princes and Judges did not mind their judicial Power, looking on it rather 
 as burdenlbme than lucrative ; becaufe they officiated Gratis, and could exaft no 
 Emoluments from the Parties, as now a Days. And more than that, when there 
 happen'd any Struggle about Jurifdid:ion, the Ecclefiafticks fulminated Excommu- 
 nications, as may be inferr'd from a Cuftom then among us, of excommunicating 
 all thofe who oppos'd the Jurifdidlion of the Church, every Sunday at Mafs. 
 
 THUS the Authority of the Spiritual or Epifcopal Courts arriv'd at its Height : 
 The Bifhops at firft, charitably interpos'd their good Offices, in making up Diffe- 
 rences among the Faithful, by way of amicable Compofition ; afterwards, by the 
 Favour of Princes, they acquir'd Jurifdidion, and a Privilege to adminifter Juftice 
 to contending Parties: In procefs of Time, to eafe themlelves of this Trouble, 
 they appointed Officers to adminifter Juftice, and eredted Tribunals with proper 
 Judges, and conftituted Clerks or Notaries to ingrofs their Proceedings ; and in fine, 
 thinking it too burthenlbmc to teach the Myfteries of the Chriftian Faith, or ad- 
 minifter in holy Things themfelves, they eftablifh'd ProfelTors of Theology, to teach 
 in the Cathedral Churches ; and thus freeing themlelves from the Performance of 
 their facred Offices ; they gave themfelves up intirely to Secular, Political and State 
 Affairs. Hence it was neceffary to provide the Epifcopal Court with a new Body 
 of Ecclefiaftical Laws j this gave Rife to Gratian's Decree, for the better eftablifh- 
 ing the Ecclefiaftical Jurifdiftion, and the Papal Grandeur. 
 
 ' Ughel. ill Appendice torn. 7. de Epifc 
 Pennenf. p. i;z7- judicetur ab ipfaEcckfia de 
 jpl'o Adukerio, quod fpeftat ad Judicium ipfius 
 Ecclefia' ; S< de eo quod fpeftac ad Judicium i 
 
 Curix noftrae de infultu, Si violentia, judicetur 
 ab ipfa Curia noftra, Set. Dat. PanormI 
 aim. 1 197- 
 
 SECT. I. 
 
 New CoUefi'tons of Canons^ avd Gratlan'j Decree. 
 
 TH E Colleftions, which were made in the preceding Century, were the firft, 
 wherein the Canons are diftributed according to the Subjeftsi but were 
 almoft all polluted with the many fabulous Stories of Ifidore inferted among them. 
 Eiircardiis Bifhop of iVorms^ compos'd one divided into Twenty Books, which he 
 
 intitled
 
 Book XIV. ^/:>^ K I N G D o M 0/ N A P L E S. ■ 639 
 
 iiuitied 3Ligii!im Canonum Volumen '. There's another attributed to Aufehn Bifhop 
 of Lucca ; but though it bears his Name, yet another mull have been Author of it ; 
 for it contains fome Decrees of Urban II. and of other Popes his Succeflbrs, who 
 liv'd after Anfelm -. There's another of Aiiodatus Cardinal of St. Eudoxui, made 
 about the Year 1087, at the Command of Vt^or HI '. The other of Gregory tbe 
 Prieji^ intitled Policarptis, and that of Bernardo di Pavia, intitled, Poptiktum^ have 
 never been printed, but are preferv'd in xManufcript in the Vatican Library*. But 
 that which Jvo of Coartres compil'd about the End of the preceding Century, cclips'd 
 all the others. He divided it into Seventeen Parts, and intitled it Dccretum. As 
 for the other, intitled Pannomia or Panncriiua, attributed to the fame Ivo, there arc 
 fome, who make Hugo a Catalan, Author of it 5. Thefe were the molt famous 
 Collections in thefe Times, and which our Churches made ulc of, till that io noted 
 one of Gratian appear'd, which obfcured all the reft, and was receiv'd with fuch 
 Applaufe by the Canonifts, that it was publickly taught in the Schools, and in a 
 fliort Time had fo many Commentators, that it was look'd upon as the principal 
 Part of the Canon Law. 
 
 GKA't I AN was a Monk of the Order of St. Bened'uf, who, in the Pontificate 
 of Alexander III. taught Divinity in Bolcgna. He was born in Cbjuji, a City of 
 ^ufcany, and it was reported that he was begotten in Adultery, and Peter LoDtLard^ 
 call'd Magtfter Soitentiaynw, and Peter Comefior, a Writer ot Scholaftick Hiftory, 
 were faid to be his Brothers, begotten the fame Way ; 'tis likewile faid, that their 
 Mother could never be brought to repent her of the Adulteries committed in be- 
 getting them, but faid flie was well pleas'd, that fhe had brought into the World 
 Three famous great Men ; and though her Confeflbr rebuk'd her, yet not able tq 
 prevail upon her, he at laft injoin'd her, at leaft to expreis her Sorrow for her want 
 of Repentance. But Guide Pancirolus * confutes all this Story as fabulous, efpecially, 
 becaule they were not of the fame Country, for Gratian was born in Chiufi^ Peter 
 houibard in Novara, and Comeflor in France. 
 
 GR^T'/y^A^ compil'd this Collection in Bologna, in the Monaftery of St. Felice^ 
 about the Year 1151, in the Pontificate oi Eugen III. ', and intitled it Concordia, 
 difcordantium Canoiumi, and divided it into Three Parts. The firft contains the 
 Principles, and what regards the Canon Law in general, and the Rights and Pri- 
 vileges of Ecclefiaftical Perfons, under the Title of Dijlin^iones. The fecond 
 contains the Decifion of fundry particular Cafes, by the help of whicii, many 
 Queftions are folv'd ; and it's intitled Caiifx. The third has for Title, De Confecra- 
 tione, becaufe it treats of what belongs to the Ecclefiaftical Miniftry, the Sacra- 
 ments, Rites, Ordinations, and Confecrations. He prefented it to Pope Eugen, 
 but it does not appear that he confirm'd it ; yet though it was not approv'd of by 
 a publick Law of the Popes, it had both Authority and Force. It was receiv'd 
 v?ith Co great Applaufe, that the Popes themfelves made ufe of it, and tacitly pro- 
 moted it, in order to raife their own Authority, and pull down that of the Emperor 
 and other Princes ; whence, in the Time of Frederick Barbarojfa, arofe the Decre- 
 tifia of the Guelf Fadlion, who ftood up for the Pope, in oppofition to the Ghibel' 
 tins \ Though this Work be {o erroneous, immethodical, and confus'd, that the 
 Induftry and Care of many famous ProfelTors have not been able to polifti and clear 
 it altogether » ; yet for all that, it gain'd fo much Authority, that it ingag'd all 
 the learn'd Men, and greateft Divines of thefe Times to comment on it, and ex- 
 plain it 3 and its Authority was of great Weight in the Courts of Juftice^ infomuch 
 that Gratian was commonly call'd the Mafler ; and his Decree w-as publickly taught 
 in the Academies, and thofe who taught it, were adorn'd with the Title of Do^or, 
 which Dignity was conferr'd by the means of a Rod, whence they were firft call'd 
 Batchehrs '". The Opinion which the Academy of Bologna had of it, likewifc 
 added to its Authority, which Academy in thole Times, was more noted than all 
 thofe of Italy or France ; befides, the great Number of Gloffators made it famous. 
 
 ' V. Maftricht Hift. jur. Canon, num. 2fo. 
 
 ^ V. Anron. Aucjuft. de emend Grat. part, 
 port- cap. f . & ibi Baluz. left it,'. 
 
 ' V. Maftric. num. 27^. 
 
 ■* Mem num. 274. 
 
 ' Anton. Augul\in. lib. 2 Dialog, f. Srcphan. 
 Ba'uz. ill Pril'at. num 10. V. Struv. liift jur. 
 Canon. 
 
 * Panclrol. dc Clar. leg. Interpr. lib. 3. cap. 2- 
 pag..iof. 
 
 ' V. Maftnc. num. ^o\. Struv. hijl. jur. 
 C'non. leil. 17. 
 
 ' Idem loc. cit. fcft. 19. 
 
 »V. Anton. Auguftin.de emendat Grac. 
 
 "^ Pancir. lib. i. cap. 3. 
 
 THE
 
 640 The Civil History of Book XIV. 
 
 THE firft of thefe were Lr/)-f«zo rf^ Cj-o/w, VmceuzoCcfriglkne, a great Canoiiifc 
 of Milan, and Ugoue de Venelli. Thefe were follow'd by I'ancredi da CcrHcto^ Arch- 
 deacon of Bologna, who about the Year 1220. made his Gloffes there ^ Simbahh 
 Fiefchi, who was afterwards Pope under the Name of Innocent IV. and Giovanni 
 Semeca, call'd Teiitonico, who improv'd all the former Gloifts, and adding h:s own, 
 did by the Decree, what Accurftiis did by the Pandeds '. There appcar'd after- 
 wards a vaft Number of other Gloffators, fuch as Bernardo Bottone, Goffrcdo, Egidio 
 da Bologna, and others ; among which Bartolomco da Brefcia, a Difciple of lln- 
 cenzo Cajtiglione, excell'd, who about the Year 1256, added his own GlpiTes to 
 thofe of Giovanni Teiitonico, which he corredled, improv'd, and in many Parts 
 alter'd. When Grezory XIII. order'd Gratians Decree to be rcform'd, the Roman 
 Expurgators had a great deal of Work upon their Hands, not only in purging the Body 
 of the Decree, but likewife in clearing it from the Multitude of Abfurdities, which 
 thefe Canonift Gloffators had added to it ; whence the Proverb, Magnus Canonijlay 
 magnus Afinifia ^ 
 
 I T was thought in thefe Times, that Gratians Decree was fufficient to raife the 
 Pontifical Authority to the higheft Pitch it was capable of; but in procels of Time, 
 as Things alter'd, this Work fell fhort of their Expedlation ; fo that the Decretal 
 fucceeded tht Decree, which likewiie came fhort of the Defigtii but from Time to 
 Time as the Authority of the Popes increas'd, new Rules were made ; whence, in 
 Emulation of the Body of the Civil Law, they made the Decree anfwcr to the 
 Panders ; the Decretal to the Code, ^c. and that nothing might be wanting, 
 Paul IV. order'd Gto. Paolo Lanceletto, in Imitation ofjiijtinians Inftitutions, to 
 compile the Canonical Inflitutions, which he did. Thus we fee how, and in what 
 manner one Empire was founded in the Heart of another. 
 
 ' Pancir. lib. a. cap. 3. * Struv- loc. ck. §. :i. 
 
 S E C T. II. 
 
 7'he Elediiou of BiJJjops aud j4hhots. 
 
 IN this Century the Power of the Popes with relpe<5l to the Creation of Eifliops 
 and Abbots was at its Zenith ; for tho'the Election was left to the Clergy and 
 Monks, and the Right that Princes had to give their Affent was not openly diiputi.d, 
 yet the Popes having made themfelves Judges of the Validity of all Eledlions, tiie 
 Court oiKome contriv'd Means, by which the Collations of Bifliopricks and Ab- 
 bacies were often given in Rome. For which end, many Conditions were made 
 neceffary before the Elcdlion ; others in the Time of Eledion, and an infinite 
 Number of Qualities were requifite in the Perlbn elcdtcd ; to which was added, that 
 when any of thefe Conditions was not obferv'd, the Eledtors were to loie their 
 Power of eledting, which devolv'd to Rome. On which account, and for diverle 
 otVier Reafbns and Confiderations, it frequently happen'd, that Difficulties were 
 ftarted about the Validity of the Eledlions, and one of the Parties appeal'd to Rome, 
 where both were generally caft, and the Eledion made void, and the Bifhoprick or 
 Abbacy for that Time was difpos'd of by the Pope. 
 
 BESIDES, when it was known at Rome that any fat Bifhoprick or Abbacy 
 was vacant, an Order was immediately difpatch'd, by which it was injoin'd, that 
 the Eleftion fhould not be made till the Pope was acquainted i and under a fpecious 
 Pretence of afTifling and preventing Difbrders that might happen, a Perfon was lent 
 to be prefent, and prefide in the Eledion, by whofc Means and Alanagemenc, the 
 Eledtion fell to him who was moft for the Intereft ofRcme. For thefe Realbns few 
 Eledlions to Bifhopricks or Abbacies pafs'd, that were not e-samin'd in Rome ; bv 
 which Means the Popes had a Hand in almofl all Eledions, under the plaufiblc 
 Pretence of Devolution for the Good of the Publick ; becaufe the Ordinary EJedlors 
 had fail'd in their Duty. Thefe Meafures made ufe of according to the Exigency of 
 Cafes, were not in thefe Times fb eflablifli'd, as to have the Force of Law, but were 
 rather Cufloms that might be born with, till Gregory IX. having colledcd all the 
 
 Refcn^ta
 
 Book XIV. the Ki ncDo^i of NAPLES. 
 
 641 
 
 Kefcripta which ferv'd for the Grandeur of Rome, and applied to general Ufe, what 
 was intended for one particular Place, and, perhaps, one ipecial Cafe, publifh'd his 
 Decretal, which laid the Foundation of, and eftablifii'd the Rowan Monarch)-. 
 
 THE Popes pretended to exercife this very fame Superiority over our Churches 
 and iMonafteries, and to intrench upon the Share which our Princes had in Elettions 
 and endeavour'd to exclude them from their Alfent requifite in Kleftions. Bur 
 IVilliam I. in the Peace made with Pope Adrian, fecur'd this Prerogative by Stipula- 
 tion ; by Virtue of which, as we ha^•e elfewhere oblerv'd, the King's Aifent wr.s 
 made abfolutely neceffary in all Eledbions, infomuch, that if the King was not pleas'd 
 with the Eleded, and did not give his Affent, he could neither be induded nor 
 confecrated '. x 
 
 BUT they did not fail to lay in Rome, that this Agreement betwixt iniliam and 
 Adrian, was extorted by Force, while the Pope was over-aw'd by IVtUiam's Army; 
 fo that upon any favourable Opportunity, taking Advantage of the good Nature, 
 or Weaknefs of Ibme Prince, under the fpecious Pretence of preventing Diforders, or 
 that our Princes made a bad ufe of this Prerogative, the Popes exerted themfelves, 
 and pretended, that this Prerogative was only a Courtefy granted by the Apoftolick 
 See, and that they had e'en beft make a good Ule of it, otherwife it would be taken 
 from them. And in the Reign of IVilliam the Good, when this Prince made ufe of 
 this Right in the Eleftion of the Bifhop of Agrigentim, he was blam'd, as having 
 gone out of his Sphere, and we find a Letter among thofe of Reter of Blois ^, 
 direded to the King of 5/c/7/s Chaplain, wherein the Pope complains, that the King 
 had made a Brother of the Count of Loritello Bifhop of Agri gent im, contrary to the 
 Voice of the Chapter, and injoins him, as in Duty bound, to admonifli the King 
 not toimpofe an unworthy Perfbn on that Church. 
 
 BUT when the Kingdom of Sicily fell into the Hands of a Woman, Qiieen 
 Conflantia, then Innocent III. thought it was a proper Opportunity to get the Agree- 
 ment betwixt Pope Adrian and IVilliam I. alter'd : In the lirft Place he declar'd, 
 that he would not give the Inveftiture of the Kingdom, if thefe Articles were not 
 moderated, and Conflantia wzs adually forc'd to pleafe him; and though, in the 
 Inveftiture which he gave her and her young Son, he left them their Right of 
 Affent, yet he in a manner tied them down to give it, whenever it was fought, and 
 the Eledion canonically made ^ 
 
 BUT Innocent not content with this, thought fit to give Diredions, and prefcribe 
 Rules concerning the Eledions in thefe Kingdoms, and by a particular Brief, dated 
 the 19th of November 1198. and direded to Conjiantia, he orders the Method of 
 proceeding in the Eledions thus. That upon the Vacancy of a See, the Chapter 
 fhall acquaint the King with the Death of the Prelate, and afterwards being met, 
 fhall proceed to the Eledion of a qualify 'd Perfon, and after the Eledion, the Perfbn 
 fhall be declared to the King, and his Affent requir'd ; and before the King's Affent 
 is requir'd, the Eled fhall neither be indudcd, nor the Song of Thankfgiving fung ; 
 neither muft he prefume to intermeddle with the Adminiftration "* till he be confirm'd 
 by the Pope. He afterwards fent the like Briefs to all the Archbifhops, Bifhops, 
 Prelates, and Clergy of the Churches of the Kingdom, to inform them of what he had 
 
 ' Inftrumentum pads inter Gulielmum & 
 Adrianum, apud Capecelatr. hift. Neap. foL 7^. 
 Si perfona ilia de proditoribus, auc inimicis 
 nofiris, vel hsredum noftrorum non fuerit ; aut 
 magnificentia: iioftrs non extiteric odiofa, vel 
 alia in ea caufa non fuerit, pro qua non dcbe- 
 mus aflentireafTenfum praeftabimus. 
 
 ' Petr. Blefenfis Epift. 10. 
 
 ^ The Invejfiiure is recorded iy Rinaldo Anno 
 1198. num. 67. and inferted iy Innocent III. in 
 hii Letters, torn. I. lib. I. pag. 2o;. vhere fpe.tk- 
 iiig of EUlh'ons, he fays thus, Eleftiones auteni 
 fecundum Deum per totum Regnum Canonice 
 fiant, de talibus quidem Pcrfonis, quibus vos, 
 ac hiredes veftri requilitum a vobis pribere 
 debeatis all'enfum. 
 
 ■* M'l;/?;;^ Innocent'/ Brief directed to Condintla 
 among his Letters, Epift- torn. I. lib. I. pag. 204. 
 and til likcwijt recorded bj Chioccar. toni. 4. of the 
 
 M5.Jurifd. tit. de Reg. exequatur; and in torn. 
 19. var. thus, Sede vacante Cipiculum lignifica- 
 bir vobis, & veftris hxredibus obitum Dccef- 
 foris : Deinde convenientcs in unum, invocata 
 Spiritus Sanili gratia, lecundum Deum eligent 
 Canonice Perlbnam Idoneam, cui requilitum a 
 vobis pribere debeatis allenfum, & Eleftionem 
 fadlam non different publicare. Eletlionem vero 
 faftam, & publicatam denungabunc vobis, & 
 veftrum requirent affenfum. Sed antcquam 
 Aflenfus Regius requiratur, non inthronizccur 
 Eleftus, nee decantetur laudis folemnitas, quae 
 inthronizationi videtur anncxa ; Nee antequam 
 audioritate Ponteficali fuerit coniirmatus, admi- 
 niftrationi le ullatcnus immifccbit. Sic enim 
 honor! vcftro volumus condelccndere, ut liber- 
 tatem Caiionicam obfcrvcmus, nullo prorfus 
 obftante refcripto, quod a fede Apoftolica fuerit 
 impctratum. 
 
 8 C 
 
 fettled
 
 5^.1 The Civil History of Book XIV. 
 
 fettled with Conftantia concerning Eledions, which Brief we likewife find among 
 hmocent's Letters '. 
 
 WHEN CotiJIaiitia died in the Year 1199, and left the fame Imtcceut Guardian 
 both of her young Son and the Kingdom, the Regal as well as Papal Power was 
 lodg'd in his Perfon, lb that he could manage Eledions as he thought fit ; but how- 
 ever, during hisGuardianfliip, the Aflfent was no wa\s prejudic'd, for Inmceut gave 
 it in all Eledions, and declar'd that he did it Vice Kegia, or as Guardian of the 
 young King, which is clear from his Letters directed to the Chapter and Canons 
 of Captia^ for the Election of their Bifliop : to the Chapter oiKe^^to : to the Chapter 
 of PciDie, and others \ And the fame Method was obferv'd, not only during the 
 Giiardianfhipof /;/;;off«/, but alfo when Frederick firft began to take the Admini- 
 flration upon himfelf, and was in Friendlhip with Innocent ; and in Rainaldo », wc 
 read a Diplcma of his direded to Innocent., drawn up in Mejfina in the Year 121 1, 
 whereby he prefcribes the Method of Eledions, and it is much the fame with what 
 Innocent had prefcrib'd to Conjiautia. 
 
 BUT when Frederick was grown up to Man's Eftate, and better inform 'd than 
 the Popes wifli'd, he began to find out the Alterations made in the Agreement 
 betwixt Pope Adrian and IViUiam I. by Innocent, and complain'd of the Injury 
 done to his Prerogative j and that Innocent, having to do with a Woman, and a 
 Minor, had reduc'd the Aflent necefiarily requir'd in nil Eledions, to a meer Cere- 
 mony, which muft be given upon Demand, feeing he fet himfelf up as Judge of all 
 the Reafons that were aJledg'd for the other Side. 
 
 THE Stiffnefs of //;wocf«/ and his Succeflbrs in aflcrting their Claim, and the 
 Steadinefs oi Frederick in denying it, and maintaining, that he could rcfufe his 
 Affent when he pleas'd to all Eledions, and render them null when he thought fir, 
 oave Rife, not only to the Contentions and bitter Difputes which arofc afterwards 
 betwixt this Prince and Gregory, Honorim, Cclefiine, and efpccially Innocent IV- 
 Succeflbrs of this Innocent, but likewile to the grievous Diforders of our Churches 5 
 for Frederick oh^n making a bad Ufeofthis Prerogative, rejedcdthe Eledions, and 
 was never fatisfied till the Perfon he had nam'd was eleded. The Popes on the other 
 Hand raifd againft fuch Incroachments, and inveigh'd bitterly againft Frederick for 
 difpofuig of the Ecclefiaftical Dignitiss of the Kingdom as he thought fit, whereas tlie 
 Eledions ought to be free, and not forc'd ; and fomc openly refifting the King's 
 Will oppos'd him fo ftrenuoufly, that our Churches were often long without 
 Taftors : Some Popes more bold, did not ftick, in fpite of the Emperor, to make 
 void his Eledions, and without asking his Advice, to provide the Churches. In 
 the Pontificate of Innocent III. the Church of Poltcajho being vacant, Frederick 
 rejeded all Eledions, in order to have Giacomo his JPhyfician eleded, which the 
 Eledors, tir'd and importun'd, were forc'd to grant him But Pope Innocent being 
 appjy'd to, he declar'd Giacomo s Eledion void, and confirm'd the firft in favour of 
 another, tor which end he wrote to the Bifhop of Cappaccio, and the Abbot of the 
 Monaftery o( Cava, to lee it put in Execution *. For the fame Reaibns Pope Gre- 
 qory IX. check'd the Emperor very fcverely, and was conftantly inveighing againft 
 "him '. But the Jars on this account betwixt him and Honorius III. were exalpe- 
 rated ; for many Churches of thefe Provinces being vacant, luch Quarrels were the 
 Caufe of their being long without Paftors, wherewith Frederick by all Means would 
 provide them ; at which the Pope was fo nettled, thar he wrote to him and repri- 
 manded him in a very tart and bitter manner ; but the Emperor, with equal Spirit and 
 Boldnefs, difdain'd his Letters * ; whereupon Honorius, without minding him, or his 
 AfTent, provided the vacant Sees ; he made the Bifhops oiPatti and Fania^ofta Arch- 
 bifhops of Capita Tind Salerno; the Abbot of S. Vicenzo a J'lilturno Bifhop oi Brin- 
 dift ; the Prior of S. Maria della Neva of Rome, Bifhop of Conja ; and the Arch- 
 deacon of y^w«//>/^/J Bifhop oiAverfa''. Frederick obftinately rejeded thefe new 
 Prelates, and would neither fiiflfer them to get Indudion nor PofTeflion of thdc 
 Sees. Upon which the Pope and the Emperor were more bitterly incens'd againft 
 one another : The exceflive Diforders and Calamities that follow'd thereupon, fhall 
 be treated of at large in the fubfequent Books of this Hiftory. 
 
 ' Epift. Innoc. torn. i. lib. i. fol. zof. 
 
 * Epift. Inn. ad C Capuan. torn. I. lib. 2. 
 fol. ?8i. & Epift. ad C. Rhegin. 
 
 3 Rainald. adann. 1 211. num. f. 
 
 * Ug- torn. 7. deEpil". Policaftr. n. 5. f. 789 
 
 ^ Greg. IX. Epift ifif- Hb. i. 
 * Rainald. ad annum 1221. num. 32. 5: ami- 
 122?. num. If 
 ' Idem, arm. iiif num.4). 
 
 THE
 
 ['543 ] 
 
 THE 
 
 CIVIL HISTORY 
 
 Of the K I N G D O NI of 
 
 NAPLES. 
 
 ■^^^^"^■" ' '■' ■■—■■■ 11 ■ - ■■ 111 I ■ ■■ .--,—... ■■ ■ I- I I ■ , , „ , , » 
 
 B o o K XV. 
 
 H E Suevi, a People of Germany, who inhabited that Part 
 of it on this Side of the Rhine, betwixt Frmconia, 
 Bu'varia, and the Valley of Eno, and from whom the 
 Dukedom of Siicvia took its Name ; came not to us bj 
 Way of Aggreffors, like the Longobards ; or as Pilgrims, 
 in fmall Numbers, like the Normans, who had no other 
 Right to conquer us, than what the Sword, and the Law 
 of Arms gave them ; but the Suen^i came with their Duke 
 the Emperor Hcnry^ who had married Conjlar.tia, the laft 
 of the lawful Race of the Normans, and fettled the Suc- 
 cefTion to thefe Kingdoms on his Son Frederick. This in- 
 vincible Hero was defcendcd of Frederick Stauffem, of a moft noble Family, and a 
 gallant Captain among the Sncvi, to whom, on account of his noble Extraftion 
 and Bravery, the Emperor //fH>';y IV. did not think it below him to give his Daughter 
 Arnes in Marriage, and the Dukedom of Sucvia for her Portion '. ' 'Tis laid, that 
 Suevia of old was a Kingdom, but was fmce reduc'd to a Dukedom ; and in our 
 Time it likewife loft that Title ; for at prefent no Prince of Germany has the Title 
 of Stie-via becaufe part of it is annex'd to the Houfe of Aufiria^ and part of it 
 is poffefs'd by the Duke of Wittenberg ; and many of its Cities are Free and Imperial, 
 and many of them fubiedt to the Duke of Bavaria. It reaches to the Alps, and 
 borders upon Bavaria, Franconia, and Alfatia. Frederick, on his Wife Agnes, bc- 
 
 •Collen. dec. z- lib. 8. cap. i. 
 
 got
 
 (^44 '^^^^ Civil History of Book XV. 
 
 got the Emperor Conrade II. who was Father of Frederick I. call'd Barh.vc(fa, who 
 was Father of Henry, who married Coujtautia, the Daughter of King Koger, by 
 whom he had Frederick II. who, by Right of his Mother, became King of Sicily 
 and Puglui. Wherefore, of all Nations, the Siievi boalt of having the moft lawful 
 and jult Title to thefe Kingdoms ; and they jiiftly complain, that by the Power and 
 bad Offices of the Popes, they were taken from them, and transferr'd to the French 
 of the Houfe of Anjoii. 
 
 POPE Innocent III. following the lame Foot-fteps with his Predeceffors, by his 
 exquifite Management, had gain'd ground wonderfully upon thei'e Kingdoms ; for 
 befides the Right of Inveftiture, he claim'd to be acknowledg'd direct Lord of them, 
 in the fame planner as other Princes are Lorda of the Fiefs of their Barons and 
 Vaffals ; and confequently to exercifeinthem the Supreme Royal Prerogatives. He 
 openly declar'd in his Letters, that the Property of theft Kingdoms be'ong'd to the 
 Apoftolick See ; and therefore, laying afide Ccnficrntias Will, he reckon'd that the 
 Gunrdianfhip of the young King and his Kingdom, of Right belong'd to him. 
 But at firft, by reafon of Marco-valdv.s and the Sicilians, he conceal'd his Sentiments, 
 and pretended to take the Charge as Guardian, by virti;e o{ Conjiantias Will ; and 
 therefore upon the News of the Emprefs's Death, and of her Will, he gladly ac- 
 cepted of the Guardianfhip, and immediately began to exercife it, by writing to 
 the Archbifhops of Palermo, Reggio and Monrealc, and to the Bifhop of Troja, 
 who had the Care of the King's Perlbn, that he had accepted of the Guardianfhip 
 left him by the Emprels Conftantia, not only in Word, but in Deed '. But the 
 Deeds were fuch, as after Conjiantias Death made it evident, that non tarn tutelx 
 nomine, as Nauclerus fays % quam fui juris tttendi caufa, Siciliam, & y'Jpiiliam admi- 
 niftrabat. 
 
 I N the mean Time, Innocent fent Graiorio da Galgano Cardinal of St. Maria in 
 Portico, his Legate to Sicily, to take the Government of the Ifland upon him ; who, 
 on his Arrival, tender'd the Oath of Fidelity to the abovelaid Archbifhops, Bifliops, 
 ^c. in the Name o( Innocent. But that did not go well down with the Great Chan- 
 cellor, and thofe of his Party, who would have no Superior in that Alatter, {6 that 
 they were fbon at open Enmity with the Legate, and minded their own Con- 
 veniency more than the King's Advantage, which made the Cardinal Legate fend 
 Orders over all Sicily and Puglia, for every Perfon to acknowledge the Pope as their 
 Governor, and the young King's Guardian, and then return'd to Kome. 
 
 O N the other Hand, Marco'valdus, who, as we have laid, with all his Germans^ 
 
 was banifh'd the Kingdom by Confiantia, hearing of her Death, forthwith alTembled 
 
 a numerous Army of his Friends and Followers, and others whom he inlifted into 
 
 his Service ; and being aided by Ibmc native Barons, and by Gugliehm CaparonCy 
 
 Frederick and Diapoldiis, and other Germans, to whom Henry had given Eftates and 
 
 Baronies in Puglia and Sicily, in a hoftile Manner enter'd the Kingdom, and firfl 
 
 attack'd the County of Mulife (where he had many Caftles ftill kept for him) and 
 
 without the leaft Refiftance, made himfelf Mafter of it. Then he fent to require 
 
 Roffredo Abbot of Monte Caffino, to join him, and acknowledge him for Frederick's 
 
 Guardian, as the Emperor Henry (fo he pretended) had conftituted him : But the 
 
 Abbot perceiving that Marco'valdus's Intention was not to prelerve, but to feizeupon 
 
 the young King's Inheritance, rejeded his Meflage, excufing himfelf, that he had 
 
 already fworn Obedience to the Pope as Guardian ; Upon which Marccvaldus 
 
 declar'd War againft the Abbot, and this Year 1199, enter'd the Lands of the 
 
 Abbey, and in an Inflant took and burnt many Places belonging to it, and then laid 
 
 Siege to St. Germano, whither the Abbot had gone to fland on his Defence \ Mean 
 
 while Innocent iknx.Gio'vanni Gallocta, a Roman, and Cardinal of St. Stefano in Mon- 
 
 tecelio, and Gerardo Allucingolo da Lucca, Cardinal of St. Adrian, into 'Terra di 
 
 La-voro, with Six hundred Soldiers under the Command of Landone da Montelongo^ 
 
 Governor of Campagna di Roma, who hearing, that Marcovaldus defign'd to beficge 
 
 St. Germano, conven'd another Body of Soldiers from Capua, and the neighbouring 
 
 Caftles, in order to oppofe him ; and having join'd the Abbot Roffredo, they were 
 
 ' Innoc epift. lib. i. Per effeftum operum 
 poteiitis evidcnter cognofcere, quod Tutelam 
 Regis, Sc Kegni Bajulam nobis a Conflancia 
 
 Impcrarrice relJftum, non tam verbo, quam 
 fadtis ictipimus. 
 
 ' Nauclcr. general. 54, 
 
 * Riccar, da S. Germ 
 
 fully
 
 Book XV. the KiKGtiOM of NAPLES. 645 
 
 fully rcfolv'd to defend the Place. But foon after, Diopoldiis, with a good Niimber 
 of Germans, coming to Alarco'va Idas' s Affiftance, poflTefs'd thcmlches of the Hill 
 that overlooks the City, and forced the Befieg'd to abandon it, and retire to the 
 Monaftery of Monte Cajfino ; whereupon Marco'valdi'A having enter'd the deierted 
 City, us'd the Inhabitants, both Men and Wonnen, in a molt barbarous and cruel 
 Manner, burnt the Place, and then went to plunder the gther Places belonging to 
 the Order of St. Bemdid ; they afterwards laid clofe Siege to the Monaftery of Monte 
 Cajfino, and the Fort in which Lfrw/ow had fortify 'd himielf and the Inhabitants and 
 endeavour'd to take them by Storm, in attacking the Walls and Trenches but in 
 vain, for they were gallantly repulfed with great Lofs on their Side. 
 
 KICC AKDO da S. Gcrniano ', an Eye-witnefs, relates, that on the Feaft of 
 St. Maiirtis, the Air being very clear, on a fudden became cloudy, and lb great a 
 Storm of Rain mix'd with Hail, Lightning, and terrible Thunder, accompanied with 
 a boiftrous Wind, arofe, and came pouring down upon the Germans that were in- 
 camp'd in the craggy Clifts of the Hill, that it threw down and broke their Tents, 
 and forc'd them in all hafte to raifethe Siege ; but for all that, Marco-valdus did not 
 give over his Barbarity, but in going down the Hill burnt the Caftle of Plumbarolay 
 and St. Eiia, and returning to St. Germane, he threw down the Walls, Gates, and 
 the beft Houfes, and made a great Slaughter over all the Neighbourhood, allowing 
 the Germans even to pillage the Churches, without any Re(J3e<3tor Fear of God, and 
 the Saints to whom they were dedicated. 
 
 THESE Calamities fo much afflidted Vopc Innocent, that to remedy them in 
 fome Meafure, he firft excommunicated Marcovaldus and all his Followers % and 
 then he wrote to the Archbifhops of Keggio, Capua, Monreale, and ^roja, to afiem- 
 ble an Army fufficient to oppofe Marco-valdiis, and put a Stop to the Milchiefs he 
 was committing, in which Letters the Pope fets him out in his true Colours. And 
 he wrote to the fame Purpofe to the Clergy, Barons, Judges, Knights, and the 
 People of Capita, telling them befides, that he had fent his Legates with a great 
 Sum of Money to Pictro Count of Celano, of the Race of the Counts of Marfi, to 
 Riccardo Count of Teano, and other native Barons, to raife Soldiers for that end j 
 and if there was Occafion, he would publifha Crulade agalnA Marcovaldus, that all 
 thofe who would take up Arms againft him, fhould have a general Pardon for all 
 their Sins, as if they had gone beyond Sea to fight againft the Tiirks ; and he wrote 
 the fame to the Bifhops, Abbots, and Priors of Calahria ; likewife ordering them, 
 every Sunday and Holy-day, publickly to curfe Marcovaldtis and his Adherents ; and 
 in like Manner he wrote to the Bilhops, and other Prelates of Sicily, and to ail the 
 Barons, Counts, and People of both Kingdoms. 
 
 BUT Marcovaldtts's Soldiers ftill continued to deftroy the Places belonging to 
 Monte Caffino, and to pillage the Churches, and rob the Ornaments of the Altars j 
 therefore when the Abbot Koffredo, unable to bear fo great Calamities, offer'd him 
 a round Sum of Money, he made Peace with him, and upon Receipt of the Money 
 Marccvaldus march'd out of the Territories of the Monaftery, without doing any 
 more Damage, and went to make War elfewhere. 
 
 A T the fame Time Riccardo dell' Aquila Count of Foncli, not able by any other 
 Means to protcft his Eftate, agreed with the Germans, notwithftanding that Innocent 
 had wrote to him to the contrary, and married one of his Daughters to a Brother 
 of Count Diopoldus, nam'd Sigisfred, to whom Marcovaldus had intrufled the Com- 
 mand of Pontecorvo, S. Angelo, and Caflelnouo, important Places on the Borders of 
 the Kingdom. But fhortly after, while Diopoldus was running up and down the 
 Country, gaining Friends to Marcovaldus, not minding fufficiently the Security of 
 his own Perfon, he was made Prifbner by Gtiglielmo S.Severino Count of Caferta, 
 who, as the Pope had defir'dhim, as long asheliv'd, would never let him at Liberty; 
 but he dying (hortly after, his Son likewife nam'd JVilltam, by Agreement with 
 Diopoldiis's Friends, gave him his Liberty, and married one of his Daughters, which 
 was of great Detriment to the Kingdom, by the Mifchiefs that Diopoldus committed 
 afterwards. 
 
 I N the mean Time Marcovaldns (according to the Chronicle of an uncertain 
 Author, preferv'd in the Library of the great Church of Foix in France, printed 
 
 RiccardoV Chrom'clt frintai in tb< 5. tOBi. of 1 * Brovio torn. i. anno 1 199. Anathematiia- 
 UgheiloV Italia Sacra. I mus Marcoyaldum, 8v omr.cs fautorcs ejus. 
 
 S D and
 
 6^6 The C I V I L H I s T o R Y of Book XV • 
 
 and bound with the CoUedion of Innocent's Letters) endeavour'd to make Peace 
 with the Pope, by the Means of Conradc Archbifhopof Mentz, (who, in returning 
 from the Holy Land had difimbark'd in Puglid) and promis'd, provided the Pope 
 vould not difturb him in the Conqueft he had refolv'd to make of the Kingdom, to 
 give him Twenty thoufand Ounces of Gold, and to fwear the ufual Oath of Fealty 
 which the Kings of Stcily were wont to take to the Popes, and befides, he gave him 
 tounderftand, that his having taken Frederick under his Protedlion, ought to be no 
 Obftacle, becaufe he would convince him to a Dcmonftration, that that Child was 
 Ipurious, and none of Confiautias or Henry's. 
 
 BUT the prudent Pope knowing the pernicious Defigns of Marcovaldtis, and 
 his Thirfl: after Government, gave no Credit to his Lyes ; therefore Marcovaldiis, 
 without infifting on the former Propofal, endea\'our'd by other Means to be at Peace 
 with Innocent, and be abfoiv'd from the Excommunication. The Pope ient to him 
 Otta-viano Cardinal of OJlia, Giiidone di Papa Romano Cardinal of St. Maria fraftc- 
 'vere, and Ugoltno de Conti^ his Nephew, Cardinal of St. Eiiftach ; to command him 
 in his Name to comply with all the Orders he had fent relating to the Fads, for 
 which he had been excommunicated, and to take his Oath for performing the ihme, 
 and then to abfblve him from the Cenfures, and receive him into the Bolbni of the 
 Church ; but this German, who had other Defigns in his Head, by the Means of 
 Lione da Montelongo, a Coufin of the Cardinal of UJlia, endeavour'd, both by 
 Intreaties and Menaces, to divert the Cardinals from laying fuch Commands upon 
 him, but all in vain^ for Cardinal Ugoltno publickly order'd him, in Name of the 
 Pope, not to molcft the Inhabitants of the Kingdom any more, nor to concern him^ 
 felf with the Government thereof j to reftore all the Places that he had made him- 
 lelf Maftcr of in Piiglia and Sicily, and make up the Damages he had done to the 
 Church of Rome, and the Abbot of Monte Cajjino ; and moreover not to difturb the 
 Prelates and other Ecclefiaftical Perfbns : To which he anfwer'd. That at prefcnt he 
 could not take fuch an Oath, but that he would appear in Pcrlbn before the Pope, 
 and fwear to obferve all ; and having courteoufly taken his Leave of the Cardinals, 
 he return'd to his former wicked Practices, and did what he could by his Meffengers, 
 to make the People believe that he had made up Matters with the Pope, who had 
 confirm'd him Adminiftrator of the Kingdom. 
 
 BUT the News of this coming to the Pope, he, by his particular Letters made 
 it appear to be a Lye, and a Fetch of Marcovaldus ; who, feeing all Hopes of put- 
 ting his Defigns in execution in Piiglia cvanifti'd, relblv'd to go over to Sicily, where 
 he thought, with lels Difficulty and Oppofition, to bring about his wicked Purpofes. 
 But before he undertook this Voyage, he laid Siege to Avelltno, which he found 
 was not to be taken eafily, becaufe of the gallant Defence of the Citizens, w ho, to 
 be rid of him, gave him a good Sum of Money, upon which he rais'd the Siege. 
 He afterwards took Vallatahy Storm, and gave it up to be plunder'd by his Soldiers, 
 and as he was going on to do more Milchief, he was met by Pittro Count of Celano, 
 with a good Body of Soldiers which he had affembled in the County of Mar/i, and 
 being afraid to fight him, he return'd to the County of Moli/e, where, becaule he 
 was not able to defend the City of 7/cr;//Vr, then in his PoflTeflion, he robb'd the 
 Citizens of all their Goods, and from thence march'd to j'eano, to vent his Fury 
 againft that City, but was repuls'd. At laft he left Diopoldiis, Otbo, and Sigtsfred 
 his Brothers, Corrado di Marlei Lord of Sorella, Ottone di La'viano, and Fedcrico di 
 Malento, to preferve his Friends in 7'erra di Lavoro, and other Parts of Ptiglia in 
 his Intereft, and with a good Body of German Troops march'd to Salerno, which 
 fided with him, where he imbark'd and fail'd with a Fleet ready for that Purpofe, 
 and landed in Sicily. 
 
 THE Governors of the Kingdom of Sicily, hearing of Marccvaldns's Voyage 
 for that Kingdom, by fevcral Meflengers, begg'd AfTiftancc of Soldiers from the 
 Pope, and a Perfon of Worth to command them ; the Pope lent them at this Time 
 Cintio Cincio a Roman, Cardinal of St. Lorenzo \n Liicina, and Gtacopo hisCounfcllor, 
 Coufin and Marfhal, with 200 Horfemen hired at his Charges, and with them Anfct- 
 mo Archbifliop of Naples, and Angela Archbifhop ofTaranto, Men of great VVifdom, 
 to be aflifting with their Advice. Thefe having gone to Calalru, drove out Frede- 
 rick the German, who was miferably harrafling that Province, and having afterward 
 crofs'd the Straits of Meffltta, they arriv'd in that City, which was moft faithful to 
 the young King, and fteady in his Intereft during all thefe Commotions rais'd by 
 Marcovaidus. 
 
 CHAP.
 
 Book XV. the Kingdom 0/ N A P L E S. 
 
 647 
 
 CHAR I. 
 
 The Expedition of Walter Count of Brenna agahijl the Khigdom 
 oy Sicily, oti account of the 'Pretenjionsofhis Wife Albinia. 
 
 U T tho' Marcovf.ldus quitted our Kingdom, yet it was not free from 
 other Calamities ; for a new Pretender ftarted up, who, with foreign 
 Forces likewife endeavour'd to conquer it. This was IValter Count of 
 Brenna a Frenchman, whofe Pretenfions were founded thus ; Queen 
 SiOilia,as we have faid,by the Means of Pope Innocentwas deliver'd from 
 Prifbn in Germany, by Philip ofSueiia, and had gone to France with 
 Albtnia and Mandonia her Daughters, and had there married Albinia the Eldeft to 
 IValter, of noble Defcent, great Courage and Wifdom. About the End of this Year 
 1 199. he, with hisWife big with Child, and his Mother-in-Law, came to Rome, and 
 threw himfelf at the Pope's Feet, begging that he would do him Juftice with refpedt 
 to the Kingdom which belong'd to Albinia. He infilled upon it, as a Thing known 
 to every Body, that the Emperor Henry had given to IVilUam, in Lieu of the King- 
 doms oiStcily and Puglia, which he renounc'd, the County of Lecce, and the Prin- 
 cipality of Taranto, which he afterwards took from him without any Reafbn. This 
 Requeft much perplex'd the Pope, who thought it would be of dangerous Conle- 
 quence to allow the Count to enter the Kingdom, left he fhould revenge the Injury 
 done his Mother-in-Law and Brother-in-Law by the deceas'd Emperor, on the Son, 
 whofe tender Age afforded a fair Opportunity, and which would turn the Kingdom 
 upfide down ; and on the other hand he forefaw, that if he fhould fhut his Ears to 
 the Demand, it would lb irritate the Count, that he would be ready to join the 
 King's Enemies, and thereby kindle a cruel and bloody War ; therefore he judg'd it 
 convenient to give him the County of Lecce, and the Principality of 7^o-^;rfo, but 
 firft he was to make him take an Oath in the publick Confiftory, on no other 
 Pretence to difturb the Kingdom, nor do any Prejudice to Frederick ; but before 
 this was to take Effed, he refblv'd to acquaint the Governors of Sicily, who had the 
 Charge of the young King, to whom he wrote that Letter which we find in the 
 Regifter of his Letters ; which begins thus, Nuperdile^usfiliusnofternobilis'vir, &c. 
 
 BUT Gualtieri Kxchh'i^o'f) of Palermo, being more afraid for himfelf, than for 
 the King, on the Receipt of this Letter was exceedingly vex'd ; for he and all his 
 Adherents having been bitter Enemies to I'ancred, and great Friends to Henry in 
 the Conqueft of the Kingdom, he thought, that if the Count fhould once enter it, 
 he would endeavour to revenge the old Offence ; for which Caufe he publickly 
 inveigh'd againft the Pope, who being only Guardian of the King, and Admini- 
 ftrator of the Kingdom, pretended to difpofe of Principalities and Counties at his 
 Pleafure, as if he were Lord of it, to the great Detriment and Diminution of the 
 Crown ; he affemblcd the People ofMeJJina, and with all his Might oppos'd this 
 Grant, blam'd Innocent, and ftirr'd up the Sicilians to refill fuch an outragious 
 Incroachment. The Count being appriz'd of this, and finding that the Pope's 
 Intereft alone would be of no Service, but that he muft have rccourfe to Arms, he 
 left his Mother-in-Law and Wife in Rome, and return'd to France, in order to raife 
 Soldiers for invading the Kingdom. 
 
 I N the mean Time Marcovaldus, who, upon his landing in Sicily, had quickly 
 brought over the Saracens of the Ifland to his Party, with their Afliflance had made 
 
 himfelf"
 
 648 The Civil History of Book IV. 
 
 himfelf Mafter of many Cities and their Caftles, and marching to Palermo, he laid 
 clofe Siege to it for Twenty-two Days ; whereupon the Cardinal Legate, and the 
 Archbidiop Gn.Utieri refolv'd, in all haftc to marcli to the Relief of chat City with 
 the Soldiers they had already drawn together ; where being arriv'd, they incamp'd 
 in the magnificent Garden which King irilliam I. had made, with defign to give 
 3Iarcovaldiis Battle the next Day, who, fmelling out their Intent, thought fit to raife 
 the Siege, and keep them in fufpencc, without rii'quing a Battle ; and knowing that 
 the Pope's Troops were fufFering for want of Money and Provifions, he fent Kankri 
 Maneiite with proper Inftrudtions to propofea Peace. But the Soldiers perceiving his 
 treacherous Intentions, unanimoufly rejected the Mellage. Notwithftanding which, 
 the King's Councilors were for hearing his Demands, and inclin'd to make Peace with 
 him ; but Bartolomeo, a Domcftick of the Pope's, a cunning Man, and zealous for the 
 Honour of his Mafter, refblving to put a Stop to this diladvantagcous Agreement, 
 in the Midft of the Aleeting prcfcnted Letters from the Pope, whereby he exprefly 
 forbids to make any Agreement or Peace whatlbever with Marcovaldus. \\ here- 
 upon (7«.j//;Vr/ the Archbifhop o( Mejffiiia, Caro Archbifhop o£ Moureak, and the 
 Archbifhop of Ceffalii, who were with Kanieri drawing up the Articles of Peace, 
 being appriz'd of the Pope's Mind, and that the Army and the Palermitans would 
 not hear of a Peace, but were read)- to mutiny, and fly in their Faces, broke off the 
 Treaty, and gave liberty to fight the Germans. The Battle began betwixt Palermo 
 and Moiireale, which had been taken and garrifon'd by 3I:trcovaldus, and was 
 fought with incredible Bravery, from Three a Clock of the Day till Nine ; but at 
 laft, after a great Slaughter on both Sides, the Pope's Troops, by the Valour of 
 Giacopo his Marfhal, carried the Day ; for he twice rally'd his jMen, and repuls'd the 
 Germans and Saracens, who had oblig'd the firft Squadrons of his Army to give 
 way, and he fhew'd himfelf no left a brave Soldier, than a skilful Commander, and 
 to whom the Vidlory was chieHy owing. Marcovaldus loft a great Number of the 
 beft Soldiers of his Army, arid among the reft the abovemention'd Rrt«/>>-/ Menente j 
 his Camp was likewife plunder'd, wherein was found a rich Booty ; Monreale was 
 alfb befieg'd and loon taken, and the greateft Part of the Garrifon put to the Sword. 
 Marcovaldus having loft all his Riches, fled, and was not heard of by his own People 
 for fome Time. Amongft his Baggage was found the laft Will of the Emperor 
 Henry, feal'd with the Golden Seal, part of which is recorded by Baronius in his 
 Annals. Anfehn Archbifhop oi Naples, who was then in the Army, wrote a par- 
 ticular Letter to the Pope, acquainting him with all that had pafs'd i the Governors 
 of the young King and Kingdom, willing to reward the Bravery of Giacopo the 
 Marfhal, in the Name of /V^mc^ gave him the County of Aidria, which he pof- 
 fefs'd for a long Time : Thus did thefe Governors believe that it was in their Power to 
 give Inveftiture, and the Pope as Guardian did not fail to make ufe of his Autho- 
 rity, by inverting his own Brother with the County of Sora, of which we ftiall have 
 occafion to fpeak in a more proper Place. 
 
 BUT the Pope's Soldiers, partly by the Heat of the Seafon, and partly by the 
 Fatigues of War, began to fall fick, and die in great Numbers, ib that Count 
 Giacomo thought fit to return to Puglia. Soon after the Archbifhop of Palermo died, 
 and Gtialtieri della PagUara, Chancellor of Sicily, and Bifhop of Troja, got the 
 Canons of that City to eledl him Archbifhop (they made no Difficulty in thcfe 
 Times to give two Bifhopricks to one Perfbn) and the Cardinal Legate to allow of 
 the Eleftion, and he took the Badges and PofTcnion before he receiv'd the Pallium^ 
 and the Pope's Confirmation, for which the Legate was feverely reprimanded ' ; 
 whereupon Gtnltie-ri was fo difgufted, that he wrote more freely to the Pope con- 
 cerning the Affair of the Count of Brenna, as we fhall afterwards take notice of 
 
 WHILE thefe Matters were in Agitation, and the new Year 1200 already 
 begun, Diopoldus committed a great deal of Mifchicf in the Kingdom; for tho' he 
 had made Peace with the Abbot Koffredo, and had Iworn upon the Evangels in f^w^/ro, 
 not to moleft the Inhabitants of the Lands of the Monaftery, yet one Night on a fudden 
 he attack'd thofe of S. Germano, and took the Place without Refiftance, pillag'd and 
 ruin'd it ; and the Abbot Koffrcdo, with Gregory his Brother, who liv'd there, fled 
 to -^tino, from whence they went to the County of Marji to beg Afliftance from 
 
 ' In Ep apud BroY- ann. 1192. num. 12. §c inantiq. col. Deer. ;. tic. de Oflic. Deleg. cap. 
 nifi fpecialiii. 
 
 Pietro
 
 Book XV. the Kingdom of NAPLES. 64^ 
 
 Pietro Count ofCelano^ but in vain ; but Sinibaldo and RiiiaLh^ of the fame Fainily 
 of the Counts o( Mar/i, who are now call'd Counts of SiJiigyo^ icnt them all the Plate 
 and ready Money they had, with which the Abbot inli[l:cd iomc Soldiers, and 
 march'd with them privately in the Night-time to Moute Ciffiuo. As foon as Diopol- 
 diis heard of the Abbot's Arrival, fearing that he had brought a greater Number 
 of Soldiers along with him, he immediately mrirch'd otf, and left S. Gernhvio void of 
 Inhabitants, and the Abbot went and fortified it with new V.alls and Tower.-. 
 Diopckius foon after engag'd near Venafro with the Count of Celauo^ whom he 
 defeated and put to flight, and made Berardo his Son Priioner, and with the other 
 Prifoncrs of S. Geru/auo, ibut him up in the Caftle o( Arce. 
 
 I N the Year 1201. the Count of Breima^ who had gone to France to levy 
 Soldiers, return'd to Rome ; and tho' he brought but a fmall Number with him, yet all 
 of them had given Proof of their Bravery; with thcfe refblving to enter the Kino-- 
 dom, he was look'd upon as a Fool and a Mad-man, to undertake fuch an Enter- 
 prize with a Handful of Men. And Count Diopoldus being appriz'd of his cominc^, 
 aflembled a numerous Army of Germans to meet him, and drive him out of the 
 Kingdom. The Pope, fearing that if any Misfortune (hould happen to the Count of 
 Breiiiia, it would animate the Germans, gave him Five hundred Ounces of Gold, to 
 enable him to raile more Soldiers ', and likewiie wrote many Letters diredted to the 
 Counts, Barons, and People of the Kingdom, to receive him into their Cities and 
 Caftles, and aflift him againft Diopoldus. \Vith this Supply the Count with his 
 Wife Alhinia boldly enter'd ^erra di Lavoro, and being joined by the Abbot 
 Koffredo, who with a good Number of Men came to his Afiiftance, he befieg'd 
 ^eano, and quickly took it; and thereafter, by the Favour of Kiccardo Archbifhop 
 oi Capua, who was a Son of the Count of Celano, he likewiie got the Caftle of the 
 City o( Capua : While he was making fome ftay near that City, Diopoldus came upon 
 him with a great Army, and thought to gain an eafy Victory, becaufe of his fuperior 
 Strength; but it fell out quite otherwife, for 'IValter and his Soldiers fighting with 
 unufual Bravery, gave the Germans fuch a Shock, that after a great Slaughter they 
 broke them and forc'd them to fly ; and after the Vidlory, they, together with the 
 Capuans, who came out to partake of the Booty, plunder'd their rich Tents. After 
 the Battle the Count of Ce/^;w join'd Walter, and together with the Abbot, and the 
 Archbifhop Kiccardo, march'd to befiege Venafro, which they quickly took and 
 burnt ; and after Ibme more fortunate Steps, Walter became Mafter of the greateft 
 Part of the County of Molife, and the Abbot Roffredo likewife recover'd Pontecorvo 
 Cajlelnovo, Frattiira, Places belonging to his Abbey, from Diopoldus. 
 
 THE Germans upon this were fo terrified, that they fhut themfelves up within 
 their Forts; whereupon, in the Beginning of the Year 1202, Count Walter, with 
 the Count of Celam, the Abbot Roffredo, and the Cardinal Galloccia, who exercis'd 
 the Oflice of Legate in Puglia, march'd in order to conquer the Principality of 
 ^aranto, and the County of Lecce, which, with Brindili, and other Places of that 
 Principality prefently furrender'd ; and (hortly after Lecce with its Caftle, Melphis 
 and Montepilofo foUow'd tlieir Example ; but Monopoli and 7'aranto ftanding it out, 
 were befieg'd. 
 
 BUT this Succefs of the Count of Breiina in Puglia was very dilpieafing to the 
 Sicilians, efpecially to Gualtien Archbifliop of Palermo, who had ufiirp'd all Autho- 
 rity and the Government of that Ifland, and gain'd the reft of the King's Friends 
 over to his Party, by givingt hem Counties, Baronies, and the Government of Cities 
 and Provinces, and other Ofiices and Dignities in order to ftrcngthen his Fadion. 
 Befides he difpos'd of the Royal Treafure and Revenues at his Pleafure, notwith- 
 ftanding the Pope's Order, that nothing fhould be done without the Conlcnt of all 
 the King's Governors, and in fome moft weighty Affairs, he even rcferv'd his own 
 Confent ; and Gualtieri, for the more cafy compafling his own Ends, fent for his 
 Brother Gentile della Pagliara Count of Manopello, and had fo great a Mind to raife 
 his Fortune, that, according to the Chronicle of Foix, he had refblv'd to difpatch 
 the young King out of the way, and make Genttle King of Sicily -, and, according 
 to the fame Chronicle, Marcovaldtis twitted him with this, when, bcino^ bitter 
 Enemies, they rcproach'd one another with their Villanics. 
 
 ' Riccard. da S. Germ. 
 
 8 E GENriLE
 
 650 The Civil History of Book XV. 
 
 GENtjLB was immediately made one of the King's Council, and began to 
 treat of Peace with Marcovaldus^ the' excommunicated, and an hncmy to thc'Pope 
 which took Effed, and Gnaltien made him Chief of all the Coaniellors, and divided 
 the Government of the Kingdom betwixt them two, that the one might govern in 
 Sicily, and the other in Piiglia. They cemented their Friendfhip ly Alliance 
 Cci!it/e's Son marrying Akrcovaldi'Ss Niece, Gunltieri in the Name of the younw 
 King commanded all the Subjeds to pay Obedience to his Orders ; and leaving the 
 Charge of the King's Perfon, and the Royal Palace in Palermo to his Brother, he 
 went to Calabria and Piiglia, where with incredible Rapacity he robb'd the Churches 
 of all the Sacred Veffels and precious Ornaments, and impos'd Taxes on Cities, 
 Caftles, and private Men, and then as lavifhly fquander'd away what he had thus 
 plunder'd. being as covetous to fcrape together a Sum of Money, as he was prodigal 
 to throw it away. He likewife exclaim'd againft the Pope, and laid, that in place°of 
 Guardian of the King and Kingdom, he had become a cruel Hnemy to both, by aflifting 
 the Count oi' Breiiua, who was ravaging Puglia in order to take it from the King ; 
 and that inftcad of oppofuig him, he had furniih'd him both with Men and Money. 
 And in the mean Time was folliciting the Barons of the Kingdom to enter into an 
 Afibciation againft the Count o£Breiim and the Pope, to drive the one out oiPuglia^ 
 and deprive the other of any Share in the Adminiftration. 
 
 POPE Innocent, who was appriz'd of all his Steps, did not neglect to provide a 
 llemedy, for having often admoniih'd him to forbear futh Enterprizes, tho' in vain, 
 at laft he excommunicated him, and depriv'd him of the Archbiflioprick of Palermo, 
 the Bifhoprick oil'roja, and the Office of Chancellor of .5'/c/7y, and gave the Churches 
 to others, and order 'd all the Subjeds not to obey him in any Thing under Pain of 
 Excommunication. This Tiiunderbolt hit the Bifhop fo home, that in an inftant he 
 loft all Credit with the People, who generally hated him, and for fear of Excommu- 
 nication would no more obey him, lo that he became the Laughing-ftock of every 
 Body. Therefore the other Counlellors, who were of his Fadion, began to be 
 terribly afraid of themfelves, which made them write very fubmiffively to the Popvc 
 in the King's Name, interceding for Ctialticri, and excufing themlelves j which 
 Innocent anfwer'd by that Letter taken out of the abovemention'd Chronicle, and to 
 be found in the Collection of his Letters ', which deferves to be read, becaule it 
 gi\es a particular Account of the Count of Brennas entering the Kingdom, which 
 has been veiy confufedly related by the Writers of our Annals. 
 
 GUJLT'IEKI being difheartned, fought to make up the Difference betwixt 
 the Pope and him, and going to Puglia, on his Knees he fwore to the Cardinal 
 Legate to obey whatever he Ihould command ^ but when the Legate order'd him 
 not to oppofe the Count of Brenna in the Conqueft of the Principality of ^aranto 
 and the County o( Lcccc, he anfwer'd him boldly, that if the Apoftle Peter was fenc 
 by Jcfus Cbrij! with fuch Orders, he would not obey them, tho' he was fure to be con- 
 demn'd to the Tire of Hell ; and blafpheming, and curfmg the Pope to the Legate's 
 Face, tranfported with Fury, he left him, and went to join Count Diopoldus *. 
 
 MEAN while Diopoldus, with the Count oiManieri his Brother, and the Count 
 of Laviano, having gone to Puglia, had afTcmbled a great Army to drive the Count 
 of Brenna from the Places vvhich he had made himfelf Mafter of in that Province 
 and ipiritcd up all the other Barons to go upon that Expedition againft the Count, 
 who, as he faid, was an Enemy to the King, and had a Mind to uiiirp his Kingdom. 
 But when they came to join Battle, on the fixth Day ofOiroOer, in the famous 
 Field of Canne, where Hanuibal the Carthaginian gave Flammius and M. Varro 
 Koiaan Confuls, that memorable Defeat ; tho' the Count of Bremia was catch'd 
 napping, and tho Number of his Army much inferior to that oi Diopoldus, yet for 
 all that, he and his Men fought fo gallantly, that after a great Slaughter, and many 
 Prifoners taken, he gain'd the Vidory ; among the Prifoners were found 
 Sigisfred, Diopoldiis's Brother, and Count Ottove di Laviano ; with great Difficulty 
 Kiccardo with the Count of Mauieri efcap'd to the City of Salpe, and Diopoldus to 
 th^fi^mc of S. y^-aSba K 
 
 ' Epift. Inno. III. which iesins : Utinam pucr- 
 ilibus annis virilcm aninium Dominus iiilpira- 
 
 icc, &c. 
 ' K.iccar. da S. Gcrmano. 
 
 ' Clucn. do Ric. de S. Germ. Cum Ipfo cam- 
 pcftre bellum injcrit ad Caiiiias : Ar Cancclla- 
 rius cum Diopoldo, per iplum Comitem 6 
 Oflobrls uevifti funt, & fugaci. Chron. de 
 loix. Cluou. de Foflanova. 
 
 COUNT
 
 Book XV. //jf K I N G D o M 0/ N A P L E S. 65 1 
 
 C O U N T Geutik^ who had the Charge of young King Frederick in Palermo, 
 brib'd with a great Sum of Money ,^ made Marcovaldus Mafter not only of the City 
 of Palermo^ but of ail the Ifland of Sicily^ except Meffma ; and had it not been foi- 
 fear of the Count of Bre!:ita, who, by Right of his Wife, would have pretended to 
 the Crown, he could eafily have pur the King to death, and ulurp'd tiie Kingdomj 
 wiiich he deferr'd till a more fit Opportunity; mean while, notwithftanding the 
 Repulfe he had formerly got, he was endeavouring, by the Power of Money, to 
 take off the Pope from protecting Frederick, and to get the Count of Breuiu to 
 return to France, and quit his Pretenfions. But behold ail his Defigns were blnfted 
 by Death, which confounds and overthrows all human Devices ; for not long after, 
 being troubled with a Stoppage of Urine, occafion'd by a Stone in the Reins, he 
 v,as fo tormented with fevere Pains, that, not able to bear them longer, he caus'd 
 himfelf to be cut ; but the Operation had no Effeft, for about the end of this Year 
 1202, he died fuddenly under the Sentence of Excommunication, which put an 
 End to his vaft Ambition, and Thirft after a Crown. The Author of Innocent's 
 Adts makes him die of this Operation ; but Kiccardo da S. Geruiano fays, it was of 
 a Dyfentery '. 
 
 COUNT Dicpldus was now tied up from doing any more Mifchief in PugUa, 
 and in the Year 1203, by the Means of the Count of Brennds Fadion, he was 
 made Prifoner by the Caftellain of the Caftle of St. Jgatba, whither he had fled for 
 Shelter ; neverthelefs his Imprilbnment was of no Service to the Count, for Iboni 
 after the fame Caftellain, brib'd with Money and Promifes, fet him at Liberty, 
 
 THE Death of Marcovaldus occafion'd new Revolutions in Stcily, for IViUtain 
 Caparon, a German Captain, no fbcner heard of it, than he went to Palermo, and 
 took Pofleffion of the Royal Palace, and the King's Perfon, and took the Title of 
 ^be King's Guardian, and Governor of Sicily : Which difpleas'd Marcovaldus' s Fol- 
 lowers, who refus'd to obey him, and formd another Party, to the great Detriment 
 of the Affairs of the Ifland. 
 
 G UAL J'JEK J della PagUara thinking this a fit Opportunity to recover his former 
 State, wrote to the Pope, defiring to be abfolv'd from Excommunication, and that 
 he was w illing to obey him in whatever he Ihould command, and employ all his Power 
 for the Service of the Holy See : Innocent readily granted his Requeft, whereupon 
 he went over to Sicily, and reaffum'd the Office of High Chancellor without Oppo- 
 fiticn, and wrote Letters to Innocent, in which he declar'd that he would, to his ut- 
 moft, promote Frederick's Intereft, and requefted him, for the Good of the Child, 
 to fend a Cardinal Legate to Sicily, to take the whole Command upon him, in 
 order to put an End to the Authority of fo many Tyrants '. To this the Pope 
 confented, and forthwith fent Gerarda AUucingolo da Lucca Cardinal of St. Adrian^ 
 a Man of great Worth, and the Pope's Nephew, from whofc Hands IVilliam CaparoH 
 having taken an Oath in Medina, to acknowledge Innocent for Guardian of the 
 Kingdom, and him as his Legate, and that he would obey him in all Things, he 
 was ablblv'd from the Excommunication, which, as a Follower of Marcovaldus, he 
 had incurr'd. 
 
 THEN the Legate w ent to Palermo, whither IVilliam had alfo gone a little 
 before, but when they came to treat of the Aifairs of the Kingdom, they broke out 
 into open Quarrels, for IVilluna rpade a Mock of the Legate, and did not mind 
 what he faid, whereupon the Legate, not thinking fit to ftay in Palermo to be thus 
 defpis'd, acquainted the Pope with what had pals'd, and return'd to MeJJin.t. 
 
 MEAN while the Chancellor went to Puglia, and lent Letters and MefTages to 
 the Pope, by Perfons of great Power and Intereft, by all Means poflible, endeavour- 
 ing to get himfelf rcftor'd to the Archbilhoprick of Palermo, or at Icaft to the 
 Biftioprick of 'T-roja ; but Innocent was pofitive not to take the Archbilhoprick of 
 Palermo from Parifio Bifhop of Mejfapa, nor the Bifhoprick of ^roja from another 
 Prelate, to whom he had given it. 
 
 O N the other hand, Diopoldus being ftill in Puglia, kept thefe Provinces in con- 
 tinual Alarm, fo that the Pope fcnt Gtacomo Count of Andria his Marfhal, toaflift 
 the Count of Brenna, and likewifc made the Marfhal Chief Juftice of Puglia, and 
 ^erra di Lavoro ; and the following Year 1204, IValter Count of Brenna, Giacomo 
 
 ' Chron RIc. CafTincnfis Abbas Legatus 1 ens tlifTcnrcria mifcrabilircrcxpiravlt. 
 Vadit in Siciliam) ubi Marcovaldus luperygni- I * Invegcs anno 120?. hift. Pakrm. 
 
 Count
 
 6^1 
 
 The Civil History of 
 
 Book XV. 
 
 Count of St. Scver'nw di I'rkarico^ and Kuggiero Count of Cbieti, join'd their Forces, 
 and after lome Enterprizes of little Moment, they laid Siege to lerrachia di S:'.ler- 
 not of which at prefent there's no Veftigc remaining, and foon wereMafters of it ' ; 
 but Diopoldus with his Army, and the Affiftance of the Saleniitans of his Party, 
 befieg'd the Count of Breniri in I'erracina, and attack'd him fo vigoroufly, that 
 the Count was wounded in one of his Eyes with an Arrow, infomuch that he loft 
 the Sight of it; but the Counts of St. Sererino and Cneti coming to his Affiftance, 
 Diopoldus was (hamcfully forc'd to raife the Siege, and quit the Territories oi Saleno, 
 and was befieg'd by the Count of Brenna in Sarno. 
 
 BUT in the beginning of the Year 1205, the Count of 5rf«;/i^ did not guard 
 himfelf fufficiently againft the Dangers of War, but cxpos'd his own Perfon and 
 Army, without the Circumfpedion that was requifite, and D/o/)o/flKJ being appriz'd 
 of his Negligence and Security, one Morning early made a Sally unawares upon his 
 Armv, and finding them unguarded and carelels, he attack'd and broke them in an 
 Inftant ' ; great Numbers were kill'd, and the Count, while he was defending him- 
 felf gallantly with his drawn Sword in his Hand, receiv'd many Wounds, and was 
 made Prifoner, and carried to Sarno, where, fhortly after, according to Kiccardo da 
 S. Germano, and the Author of the Chronicle of Foix^ Co-temporary Writers, he 
 died of his Wounds K 
 
 THE unfortunate Albinia, now left a Widow, and big with Child, loon after 
 married the above-mention'd Giacomo S. Severino Count of Tricar ico, who forbore to 
 bed with her till flie brought forth a Son, who after his Father was call'd {{alter, and 
 •was afterwards Count of Lecce; of whom was defcended Queen Mary, and Brennay 
 Wife of Ladi/laits II. as ftiall be told hereafter. 
 
 THE Death of the Count of Brenna fo animated Diopoldus^ Faftion and his 
 Germans, and put the Count of Celano and his Party into fo great Confternation, that 
 Innocent himfelf was at laft forc'd to make Peace with Diopoldus and his German 
 Followers, and intruft them with the Adminiftration of the Kingdom ; wherefore 
 the Year following 1206, he receiv'd them into Favour, and having made Diopoldus 
 take an Oath from the Hands of Kinieri a Friar (according to the Chronicle of Foix) 
 and Maeftro Filippo the Apoftolick Protonotary, who, for that Purpofe, went to 
 T'erra di Lavoro, faithfully to obey the Pope, as Guardian of the Kingdom, and his 
 Legates, he was abfolv'd from the Cenfures ; and Marcovaldus of Laviano, and 
 Corrado di Marlei Lord of Sorella, with all their Followers and Vaflals, fwearing in 
 the fame Manner, were likewife receiv'd into the Pope's Favour, as alfo all the 
 Germans that liv'd in Ptiglia and Sicily. Diopoldus went afterwards to Rome, and 
 threw himfelf at the Pope's Feet, and was honourably receiv'd, and after having 
 difcours'd together about the Affairs of the Kingdom, with the Pope's Confent he 
 return'd to Salerno, and from thence with Ibme Ships prepar'd for that Purpofe, he 
 fail'd to Palermo *. 
 
 DIOPOLDUS was no fooner arriv'd in Palermo, than he made himfelf Mafter 
 of the King's Perfon and Palace ; which Gualtieri delta Pagliara the Chancellor, took 
 in fo ill Part, that in the Night Time, having call'd a Meeting of his Friends, he caus'd 
 Diopoldus and his Son to be put in Prifon ; but not being fufficiently guarded, they 
 foon after made their Efcape by favour of the Night, imbark'd and landed in Terra 
 di Lavoro, where they fought with the Neapolitans, and made a terrible Slaughter \ 
 
 ' Chron.de Ric. de S. Germ. 
 
 '■ Pell, ad Anon. Caflin. A. I20f. 
 
 3 Chron. Rich. S- Germ. Diopoldus in eum 
 cum fufs diluculo irruens, Comes captus ab eo 
 eft, & cuftodix traditus carcerali, ubi modicum 
 poft diem daufit extremum. 
 
 ■* Idem, Inn. Papa Romam vocat DIopoldum 
 ad fe, ipfumque &: fuos a vinculo excommunica- 
 
 tionis abfolvit, & tunc cum Ipfius IJcentla Saler. 
 num reverfus eft. 
 
 ' Idem, Tandem nofturno tempore fuga 
 Prsfidio liberarus, veniens per Mare Salcmum, 
 inde in Tenam Laboris fe confert, ubi cum 
 Neapolitanis inieiis pugnam, devlcit ftraae 
 magna fafta eis. 
 
 SECT.
 
 Book XV. r/:?^ Kingdom 0/ N A P L E S. 655 
 
 S E C T. L 
 
 Cuma dejlfoydy cuid its Church united to that of Naples. 
 
 IN this Place we muffc not pa{s over in Silence, what an ancient Keapolitait 
 Writer, and the Author of the Primer of St. yiihana^ which is Very antient, 
 written on Parchment, and preferv'd in the Monaftery of Donnaroniita^ relate this 
 Year concerning the Deftrudcion of Cuiua^ and foine Battles which the Neapolitans 
 had with the Germans and Ai-erfans, which other grave Authors, and Cotemporary 
 Writers do not {o much as mention. 
 
 T H E Y lay ', that in thefe Times the City ^f Cuma being in a manner deftroy'd, 
 by Reafon of the Wickednefs of the Inhabitants, had loft the Name of a Cit)-, and 
 was become a Receptacle for Robbers and Pyrates, who both by Sea and Land, infcfted 
 Travellers, and the neighbouring Countries : Add to this, the continual Incurfions 
 of the Germans, who, fheltering themfelves in the Caftle of this City, plagu'd 
 lerra di Lavoro, and particularly the Territories of Xr.pies and Averfa ; therefore 
 in order to prevent thefe Mifchiefs, in a Meeting of the Gentry and Comu^onalty 
 of Naples, it was unanimoufly agreed to poft Detachments of Soldiers at all the 
 Pafles through which thefe C^nw^M Robbers us'd to come: The neighbouring Counts 
 and Barons hearing of this Refolution, much incourag'd the Neapolitans in fo com- 
 mendable a Work, and offer'd to aflill them with their Perfbns and Fortunes. 
 Having put their Defign in Execution, and pofted Guards in feveral Places, they 
 were expecting the Enemy to come and attack them. While Matters were in this 
 State, Goffredo di Montefufcolo, a Captain of great Courage, and a bitter Enemy to 
 the Germans, it being now the Month of March, went one Evening with fome of 
 his Friends to Cumay where he was courteoufly receiv'd by the Bifhop of Averfa, 
 who then liv'd in the Caftle. The coming o£ Goffredo thus in the Night-time, made 
 the A-verf.ius fufpe(S that the Bifhop had a mind to betray them, and that he had 
 receiv'd Gffredo, in order to fortify the Caftle to their Prejudice, as had been once 
 done before. But the Averfans not being fully aflur'd of this, fent fome of their 
 Citizens to Cuma to get Information, and with all hafte and fecrefy, to poflefs 
 themfelves of the Caftle, to prevent Goffredo s doing it. Goffredo in the mean time 
 feeing that they were come, began to fulpeft that the Bifhop had fent for them to 
 make him Prifoner j therefore he was upon his Guard, and fortified himfelfand 
 Followers in a particular Apartment. While both Parties were thus afraid, and 
 upon their Guard, Goffredo, becaufe of his (mall Number, fearing that at laft he 
 might be iurpriz'd by the Averfans, fent immediately to Naples for Afliftance, and 
 to intreat the Neapolitans to make all Hafte to relieve him from the Danger he was 
 in, and to diipofe of the Caftle as they fhould think beft. Upon this Meflagc, 
 Count Pietro di Lettcre, a Kinfman of Goffredo^ mounted his Hnrle and went im- 
 mediately to Gittgliano, and took with him the Detachment of Soldiers that was 
 pofted there for defending the Neapolitans againft the Germans, and march'd diredlly 
 to Cuma ; Goffredo overjoy 'd, went out to meet him, and made him fwear, that if 
 the Caftle fhould be taken, he would deliver up to him both the Men, Goods and 
 Chattels that were in it, to which he agreed, and they entcr'd the City together. 
 Soon after, upon Goffredo's Meffage, a good Number, both of the Gentry and 
 Commonalty of Naples likewifecame to Cuma; whereupon Co^rf^o feeing himfelfout 
 of Danger, held a Council with the Neapolitans and Count Pietro, wherein it was 
 refoh'd at any rate to make themfelves Maftcrs of the Caftle, and to level the City 
 with the Ground, whereby they would for ever be freed from being infefted by the 
 Robbers and Germain. Therefore they defir'd the Averfans and their Bifhop to 
 quit the Caftle ; but the Averfans refus'd to comply : Thus, after a hot Difpute, the 
 Neapolitans and Goffredo, refolving not to dally any longer, attack'd the Caftle both 
 by Sea and Land, and batter'd the Walls Co furioufly, and fet Fire to the Caftle, 
 that with great Difficulty the Bifhop and Averfans made their Elcape by flight j 
 
 ' V. Chloccar dc Archiepifc. Neap, in Anfelmo, anno 1192. 
 
 8 F and
 
 654 ^^^^ Civil History of Book \\. 
 
 and after the NeiipoUtans had deftroy'd the City and demolifli'd the Caftle, they 
 rcturn'd in Triumph to Naples ; fo that Cuma being intirely ruin'd, its Church, 
 formerly Suffragan to the See of Naples, was now annex'd to it, with all the Rights 
 and Revenues thereof '. 
 
 WHEREUPON, as the above-mention'd Author of St. Juliana's Primer 
 relates, Aiifelm Archbifliop of Naples, and Leo Bifliop of Curna, refolv'd to re- 
 move from the great Church oiCama, the Bodies of the Holy Martyrs St. Maximts, 
 to whom the Church was dedicated, and St. Juliana, and an Infant of Three 
 Months old, whom, 'tis faid, Masiiuus made miraculoully to fpealc, in Prcience of 
 Fdbiauusihc Prefeft ; to prevent their being carried off* by Foreigners : To which 
 they were likewife follicited by Brienna, then Abbefs of the Monaftery of Domm- 
 vomita, who, with all her Nuns, was very earneft to ha\ e the Body of St. Juliana ; 
 therefore the faid Leo, Pictro Frezzaruolo, Sub-Dean of the Cathedral of Naples, 
 And the Abbots of St. Peter ad yira, and St. Mary a Capella, with a great Number 
 of the Gentry and Commonalty of Naples, went and open'd the Shrine wherein the 
 Relicks were kept, and with great Reverence and Honour, they took them out, and 
 carried them to the Church of St. Maria a Piedi Grotta, where they were receiv'd 
 with great Joy by the Abbeis and Nuns of the faid Monaftery of Dounaromita, and 
 * Oncol the Tri- a great Number of other Ladies. The next Morning BiHiop Leo, with 
 bimai.votA'rt/'/e/. many Gentlemen belonging to the Seggio di Nido *, and a vaft Multi- 
 tude of other Neapolitans, with Olive Branches in their Hands, finging Pialms and 
 Hymns, took the Relicks and carried them to the Church of the Ifland St. Salvatcrc, 
 where now the Caftle dell' Uovo ftands ; where being join'd by the Archbifliop 
 Anfelm, with all the Canons and Clergy, they went in Proceflion to the City, and 
 plac'd the faid Relicks in the Church of the Monaftery of Dojinaroniita, where they 
 ftiU remain, and are ador'd. 
 
 THUS fay thefc Authors : But out of regard to Hiftory, I muft not pafs over 
 in Silence, what grave and credible \\'riters have faid on this Subjcd. Ksccardo 
 da S. Germano, and the Author of the Chronicle, which is kept in Monte CaJJhio, tell 
 us. That Count Diopoldus, this very Year 1207, in which thefe Things are laid to 
 have happened, came from Salerno to I'erra di Lavoro, where he ingag'd the Nea- 
 politans, and after a terrible Slaughter, routed them ^ ; Kiccardo alio adds, that he 
 took Goffredo di Montefufcolo Prifbner, and carried him with him to one of his 
 Caftles, without fo much as mentioning the Deftrudion of Cuniii. Neverthelefs 
 thefe Accounts may be both true, for, perhaps, Diopoldus, being inrag'd at the 
 Ruin of Cuma, which is faid to have been in the Month of March, or becaufe his 
 Germans had been ill us'd by the Neapolitans, who were pofted to watch them, came 
 to infiilt Naples, and the Neapolitans, with Goffredo di Montefufcolo, fiWyxng out, were 
 defeated, many kill'd, and Goffredo made Prifoner ; but I leave the Decifion to the 
 judicious Reader. 
 
 ' V. Chioc. loc. cit. de Epifsopali Ecdefia | inicns pugnam, devklt, ftrage magna fa«ta ex 
 Cumana NeapoHtana: unita. I eis. 
 
 ^ Riccard. da S. Germ. Ubj cum Neapolitanis 
 
 C H A .r.
 
 Book XV. ^/:7^ Kingdom 0/ NAPLES. 655 
 
 ,3^ dG•]^s cJG^ oIg5^ dC-^A^ c^.JAo dC-^ tC-i*^ c^O^o 
 
 CHAP. II. 
 
 'Pope Innocent m^kes a Voyage to Sicily, fwhere he concludes a 
 Marriage betwixt King Frederick a7id Conftantia, the 'Daughter 
 of Alplionfus II. Ktjjg of Aragon j and defends the Kingdom 
 againfi the Jnvafton of the Emperor Otho IV. 
 
 N the mean time Gtialt'teri the Chancellor, had rais'd great Difturbance 
 in the Royal Palace, for by all Means poffible, endeavouring to get 
 the Charge of the King's Perfon and Palace from IVtlUam Caparon, 
 but in vain, he put all in Confufion ; and the chief Minifters of the 
 Kingdom being divided into Fadions, gave a fair Opportunity to 
 the Saracens of the Ifland, without fear of Punifhment, to rife in 
 Arms, and they not only fhook off all Allegiance to the King, but did a great deal 
 of Damage to the Chriftians, by taking the Caftlc of Corigliove by Storm, and 
 threatning greater Mifthief 
 
 THE Difbrders were no lefs in the Kingdom of Ptiglia, occafion'd by Corrado 
 di Marki, whom the deceas'd Emperor had made Count of Sora, who not only 
 infefted 'I'erra di Lavoro, and the other neighbouring Places ; but alfo the Pope's 
 Dominions. Jiniocent, mov'd with Compaflion for the miferable Condition of both 
 Kingdoms, determin'd to go to Sicily^ and on the 30th Day of May^ of the Year 
 1208, he arriv'din Palermo ■with many Cardinals, Archbilhops, and other Prelates; 
 and finding that King Frederick was now grown up, and Thirteen Years of Age, 
 he perluaded him to marry, and propos'd Conftantia^ Sifter to Pe?e>-King of Aragon^ 
 wliich Frederick agreed to ^ whereupon the Pope began to treat of the Marriage 
 with Sancia, Conftantia's Mother ; and then left Palertno^ and arriv'd at St. Germano 
 the 23d of Jmie '. 
 
 UPON his Arrival, he call'd a Meeting of the Barons, Juftices, and Governors 
 of the Cities and Caftles ; wherein it was refolv'd, that they, at their own Charges, 
 ffiould furnifh King Frederick Two hundred Horfemen, to be fent to Stcily^ and 
 there to continue a whole Year. He likewilc appointed Pietro Count of Selano^ and' 
 Riccardo dell' Aquila Count of Fondi, to be Juftices and Governors of the King- 
 dom of Naples^ and committed the Charge of Puglia and I'erra di Lavoro^ to the 
 Count of Celano^ and that of the City of Naples and its Territories, to the Count 
 of Fondt. Befides, he reftor'd what was amifs in the Adminiftration of Juftice, 
 which, by the continual Wars, and the Infolence of the Germans, had been little 
 minded, and made other Regulations for the better Government of the Kingdom, 
 as Riccardo da S. Germano, and the Chronicle of Foix relate. He recommended 
 Peace and Unanimity, and if any Perfon fhould be injur'd, he was to have 
 recourfe to the above-mcntion'd Counts, and lay his Complaints before them ; and 
 w hoever fliould dare to oppofe what he had ordain'd, or difturb the Peace of the 
 Kingdom, fhould be declar'd an Enemy to the Commoji wealth, and feyerely 
 punifh'd '■. 
 
 ' R.SGermAiioS. InnocentiusPapaVigllia 
 S. Jr>- menlc Junio vciik ad S. Germanum, ubi 
 ab Abate RoftVido m.ignifice rcccptus eft, um 
 ipfe, quam fratrcs fui Domiui Ciirdinales. 
 
 ' ' Idem, Qui autcm ordiiiationem iftatn 
 recipcrc noluerint, vd rccufaverint, tanquatn 
 hoftes publici habcantur, & a cacteris impug- 
 nciuur. 
 
 INNO^
 
 536 The Civil History 0} Book X\ . 
 
 INNOCENT, not content with what had been ordain'd in the Meeting, after 
 it was over, wrote to all the Counts, Barons, and People of the Kingdom, who had 
 not been prcfent in the Aflembly.^ exhorting them to obferve what had been therein 
 ordain'd, and to obey whatever Gregorio Crefcenzso Komam Cardinal of S. Theodore, 
 his Legate in Campagna dt Roma, and Kiccardo his Coufm (whom he had this Year 
 1208. inverted with the County of Sora, as a Reward for his having defeated and 
 taken Corrado di Marlei, who was diverted of the laid County ' ) in his Name fhould 
 command them to do j all which may be feen in one of this Pope's Letters \ 
 
 INNOCE NT, having thus fettled the Government of this Kingdom, went up 
 to Monte Caffiito to vifit that holy Place, to which he confirm'd all the Privileges 
 granted to it by the Popes his Predeceflbrs, and added new ones. While he was 
 there, he had Advice, that Philip King of Germany, King Fredericks Uncle, had 
 been murder'd by his own People ; whereupon, in order to be nearer at Hand, to 
 give what Aflirtance he could in the Affairs of the Empire of the Weft, he left 
 Terra di La-voro, and by the Way of Sora and y^tino, with all his Cardinals, return'd 
 to Campagna di Roma K 
 
 AFTER, the Death of the Emperor Henry, though the Empire belong'd to 
 his Son Frederick ; for, according to the Abbot of Ufperg *, Henry in his Life-time 
 had got almoft all the Princes of Germany to eleft him King, and fwear Fealty to 
 him ; yet Henry was no fooner dead, than two oppofite Factions about the Eledlion 
 ofaSuccertbrftarted up, and the Majority of the Electors cleded Philip Duke of 
 Siievia, Brother of the deceas'd Emperor, and in the Year 1197. he was crown'd 
 King o£ Germany in Mejitz, by his own Party ; the other Eledlors, inferior in Num- 
 ber, eleded Otho Duke of Saxony, and crown'd him in .^ix la ChapcUe. .But, 
 though Innocent IIL had favour'd Utho's Party, and confirm'd his Election ' j yet 
 Philip's Party prevail'd, and he held the Empire ten Years, and at laft, Otho him- 
 felf, after a bloody War, yielded to him, and made Peace with him, and in the 
 Year 1207. Philip gave his Daughter Beatrix to Otho in Marriage, with this Con- 
 dition, that after Philip's Death, Otho (hould fucceed in the Kingdom oi^ Germany. 
 But vjhen Philip was thus fettled in the Empire, the Year following 1208. he was 
 treacheroufly kill'd in his own Palace, in the City of Bas/iberg, by Otho Count Pala- 
 tine, his bitter Enemy ; whereupon Otho Duke of Saxony afpir'd anew to the Empire, 
 and was this fecond Time favour'd by Innocent, who, the Year following, when 
 Otho came to Italy, crown'd him in Rome, and he was call'd Otho IV. 
 
 BUT after the Pope left Terra di Lavoro, new Troubles arofe in that Province, 
 for Riccardo deW Aquila Count of Foitdi, joining with Count Diopoldus, lorded it 
 over the City of G«pa^, whither he had been invited by the Capuans themlelves, 
 who had turn'd out Pietro Count of Celano *, who then govern'd that City, becaufe 
 they mortally hated Riccardo his Son, their Archbifhop. 
 
 I N the mean Time Pope Innocent had concluded the Marriage betwixt King 
 Frederick dind Conftantia Widow of Alberictis King of Hungary, and Daughter of 
 AlpbonfusW. King of Arragon, and Sancia his Wife. Zwita, the judicious and 
 impartial Writer of the Annals of Arragon, fays, that Queen Sancia, after the Death 
 of the King her Husband, fent her Secretary, nam'd Columbus, to Rome, promifing 
 Innocent, in cafe the Marriage was concluded, to fend Two hundred Horfe at her 
 own Charges to Sicily for aflifting her Son-rn-Law j or if it rtiould be thought 
 proper, fhc herfelf would conduct her Daughter, with 400 Horfe, provided (he was 
 lecur'd that the Charges of the War fhould be repay'd her, in cafe the Sicilians, 
 who were Mafters of the King's Perfbn, fhould put a Stop to the Marriage ; requi- 
 ring befides, that if Frederick fhould die before the Confummation of the Marriage, 
 her Son Don Ferdinand, Conllantias Brother, whom the Father had educated for the 
 Church ', fhould be inverted with his Kingdoms. After this MefTage Innocent fent 
 
 ' Tutin. in his Book de Conteftabili del Reg- 
 no, fol. 58. likewife mentions this Invefliture ; yet 
 the Co-tanforary Author de Geftis Innocentii, 
 fays, That this Inveftiture vat given by the King, 
 «nd not by Innocent. 
 
 * Epirt. Inn. which begins Affeftum dileftionis, 
 & graciae, &c. 
 
 ^Chron. S. Germ- Per Atinum iter faclcns 
 Soram contulit, indeque in Campania rcverlus 
 elt. 
 
 * Ab. Ufpergenfis : Henrico VI. eoque pro- 
 curante, Principes Alemannii pene omnes 
 filium i^arvulum ipfius Fridericum II. adhuc 
 incunis vagientem afTumpl'crunt in Regem, 
 cique- fidelitatem juravcrunt, & litcrasdehoc 
 fattocum Sigillis fuis Impcratori tranfmiferunr. 
 
 ' Cap. Venerabilem de tieft. Ab. Ufperg. 
 
 * Ric. S. Germ, in odium Celani Comitis. 
 
 ' Zurit. Quem pater facro Ordini dicaverar. 
 
 his
 
 Book XV. the Ki^GDoli of NAPLES. 6^7 
 
 his Ambafladcrs to Arragov.^ who, in Conjundion with AmbafTadors likewiic fcnc 
 by Frederick^ after diverle Conferences, concluded the Marriage. But before C;;;- 
 ftantia left Arragou^ Queen Sancia died ; and afterwards in the Month of February 
 1209. Conjfaiitia imbark'd in Catalan Gallics, accompanied by D. Alpboufus Cohik 
 o( Proi-cii.-e, her Brother, and a great Number of ^/),;?;/.;/Z; and ProTJO/fale Gentlemen, 
 and landed in Sidly ; but whilfl: tJiis Marriage was celebrating with great Pomp and 
 Magnif.v'cnce, all their Mirth was converted into Grief, by the Death of D. AlpOott- 
 fus, and many of his Retinue ; for through the Badncls of the Air Palcnuo was 
 afflided with a contagious Diftemper, which prov'd mortal to many ; infomuch that 
 the young King, who was only 14 Years old, in the Midft of Joy and Grief, was 
 forced to leave Palermo, and go wandering up and down from one City of the llland 
 to another. 
 
 WHILE this contagious Diftemper oblig'd King Frederick to leave Palermo^ 
 Pietro Count oi CelaHo, by Means of his Son the Archbifliop, got PofTeflion again of 
 Capua i and at the fame Time Otbo King of Germany, by the Death of Pbtlip his 
 Father-in-Law, breathing after the Empire of the Weft, came into Italy with a 
 powerful Army, and arriving in Rome, was received by Pope Innocent, and on the 
 7th oi September this Year crown'd with the Imperial Crown, and Kiccardo da S. Get' 
 inano, lays, that the Pope crown'd him prxfiito Juramento de confervando Kegalibws 
 S. Petri, & de non offendendo Regera SiciUce Frederictim. But whilft Otho and his 
 Army continued in Rome, there happen'd a terrible Qiiarrel betwixt his Soldiers and the 
 Romans, who taking up Arms, kill'd a great many Germans ; whereupon Otbo in 
 great Wrath left Rome, and march'd into Marca, where he laid wafte, and took by 
 Force the Lands and Cities of the Church, notwithftanding the Oath he had taken. 
 
 I N the mean Time the Abbot Roffredo, having for many Years govern'd the 
 Abbey of Monte Cafflno, on the laft Day of May ended his Days in S. Germano ' ; 
 after whofe Death Count Diopoldus, and the Count of Celano being reconcil'd, and 
 the one being Mafter of Capua, and the other of Salerno, both of them perfuaded. 
 Otho, who was then in Ti:Jcany, to come and take Pofllflion of the Kingdom, and 
 Diopoldus promis'd to deliver up Salerno to him, and the Count of Celano Capua, 
 \vhich Invitation and Offer, the Emperor, notwithftanding his Oath he had fworn to 
 the Pope not to difturb Frederick, gladly accepted, and having aflembled his Army, 
 he enter'd Abbruzzt by the Way of Rieti and Marfi, from whence he march'd into 
 ^erra dt Lavoro, whither Pietro Abbot oi Monte Cajfino, who had fuccecded Roffredo, 
 afraid for the Lands of his Abbey, contrary to the Opinion of his Monks, fent 
 Meflengers to beg Peace of him, and fiiordy after went himfelf with all SubmiiRoa 
 to wait u^on him, and to be at his Mercy ; for which Caulc, neither the Territories 
 nor Goods of the Monaftery fufFer'd in the leaft by the Germans. 
 
 O'tHO having gone to Capua, created Count Diopoldus Duke o( Spoleto % who, 
 befides having given him Salerno, had join'd him with all his Followers. From 
 Capua both of them went tobefiege Aquino, but they were repuls'd with great Lofs by 
 Tommafo, Pandolfo, and Rtiberto Lords of that City. Naples out of fpite to the 
 Averfans furrender'd to Otho ^ who at the Requeft of the Neapolitans march'd to 
 lay fiege to A'verfa ; but the Averfans having given him a good Sum of Money, 
 and receiv'd him kindly into their City, fubjeded themfelves to him, and fufFer'd 
 no other Damage K From thence Otho march'd into Puglia, where the Puglians, 
 partly through Fear, and partly by Force, for the moft part furrender'd to him, 
 and Calabria follow'd their Example, and the Places that made any Refiftance were 
 pillag'd and ruin'd. 
 
 POPE Innocent, feeing the fineft Provinces of this Kingdom thus loft, endea- 
 vour'd all he could to divert Otbo from his Undertaking ; for which end he fent the 
 Abbot of Ufperg, as he himfelf relates, five Times from Rome to Capua, to treat of 
 an Agreement with the Emperor, but all to no Purpofe ; for Otho looking upon all 
 thefe Provinces, as well as all the reft of /f^/y, as belonging to the Empire, by no 
 Means would part with what he had conquer'd from the King of Sicily, but endea- 
 vour 'd to be Mafter of all Italy. 
 
 IT had been already the Cuftom of the Popes in thofe Times, not only to ex- 
 communicate, but likewife to dcpofe the Emperors, by abfolving their Vaffals from 
 
 ' Chron. di Fofla nova, torn. i. hal. facra ■ * Idem, Ducem. Spoleti fecit ilium, 
 col. 438. I » Ric. S. Gcini. 
 
 8 G their
 
 658 7/j^ C 1 V I L H I s T o R Y 0} Book XV. 
 
 their Oaths ^ and this they did, not only on account of Herefv, but alfo for Things 
 merely Temporal, fuch as incroaching upon the Poffeflions of the Church, or thole 
 of other Princes her Friends and Confederates. luuGceut on this Occafion, finding 
 that Otho was obftinately rcfbh'd not to part with what he had polTcft'd himfelf of 
 xnMarca o\ the Church Lands, and what he had conquer 'd from King Frederick ', ex- 
 communicated him, and declar'd him an Enemy of the Holy Church. He likewife 
 interdidcd the Church o{ Capiu, becaufe the Clergy thereof had dired to celebrate 
 Divine Offices in the Emperor's Prefence ; he alio excommunicated all his Adherents: 
 And having call'd a Council in Rome, he depriv'd him of the Empire; but becaufe 
 the{e Thunderbolts are thrown in vai.i, if they are not back'd and (iipported by the 
 £le<iitoral Princes, therefore this fame Year 1210. Innocent wrote Tetters to the 
 German Princes, wherein he exaggerated the Damage Otho had done to the Church 
 contrary to the Tenor of the Agreement, and the O ith he had given, when he was 
 crown'd in Kovie ; therefore, feeing Otho was perjur'd, excommunicated, and had 
 forfeited the Empire, he exhorted them to eled another in his Room. This mov'd 
 many of thefe Princes to take up Arms againft the Emperor, which occaHon'd a 
 new War and Revolutions in Germany ; as loon as Otho was appriz'd of thele Com- 
 motions, he immediately left Pv.glia, and return'd to Germany ; but that did not 
 hinder the Election to go on, for the Archbifhops oi Mentz and triers, the King of 
 Bohemia, Herman Connt o( I'hiiriugia, the Dukes of ^i/j'?n«, Saxony, av.A Bavaria, 
 and many other German Lords, who, befidts being his declar'd Enemies, call'd to 
 mind that Frederick had been elected King of the Koianns, while he was but a Child 
 in his Father's Life-time, and thai they had Iworn to him, elected King Frederick 
 Emperor, who was but fifteen Years old. 
 
 ' Idem, Ilium excommunicar, Sc Ecclellam Capuanam fub interdlfto ponit, pro eo quod 
 aufi fine celebrare ipfo pra-'lente in Oftavis B. Martini, Excommunicat etiam omiies fautortj Ipfius. 
 
 CHAR in. 
 
 King Frederick lehig ehSied Emperor .^ goes to Germany, and is 
 crown d in Aix la Chapelle ; and Innocent fummons a General 
 Council to he held in the Lateran Palace. 
 
 F T E R the Princes of Germany had eledted Frederick, they prefently 
 ftnt two Ambafladors, Anfelra and Henry, to notify the EJcdtion to 
 him, and condudt him to Germany ; the Ambafladors being come to 
 Verona, Henry ftopp'd there in order to induce the Lombards to 
 efpoule the new Emperor's Intereft, and efpecially thole of the 
 Veroncze ' ; and Anfelm came toKome, where, with the Pope's Conftnr, 
 he us'd his utmoft Endeavours to get the Romans to approve of Frederick's EleAion. 
 From thence he went over to Sicily, and it was with great Difficulty, that he got 
 Conjiantia and the Sicilian Barons to confent to Frederick's going to Germany, for 
 fear that his Enemies fhould murder him treacheroufly. But at laft, delpifmg all 
 Dangers, and incourag'd by Innocent, he left Conjiantia in Sicily, with a Son (he had 
 born to him, nam'd Henry after his Grandfather, and imbark'd in Gaetan Ships, 
 and after a prolperous Vojage landed at Gaeta ; where he took (hipping again, and 
 in the Month oi April I2ii. arriv'd in Rome *, where he was joyfully receiv'd by 
 
 •v» Abb. Uff erg. 
 
 Ric. S.Gerra. 
 
 the
 
 Book XV. the Kingdom of N A P L E S. 6^9 
 
 the Pope, the Senate and the People oi Kcme, from whence he went likewifc by 
 Sea to Gciioa^ where he was heartily welcom'd by the People of that City, who, icfl: 
 he nioulJ be attack'd by thofe of the MiLiucze, great F.nourers of Otho, clcnrti.d 
 him to Pczdna; and in the fame manner, the People of Padua and Crcnicihi joining 
 together, condadled him through the Valley o^^rent^ and the ftecpeft Parts of the 
 Alps J to avoid any Ambulhes that Otho might have laid in the Way, and he arrived 
 iafely in the Courtry of the Gn/has^ and being honourably entertaind by theBifl^op 
 and the Abbot of S. G.-ill, and accompanied by them, he arriv'd at ConJ^auce. 
 
 BUT Otho^ who in the mean Time had carried on a cruel War againft thole of 
 Fre.ici-ick\ Faiftion, hearing o^ his Arrival, prefently left I'hurmgia, and Cr:me to 
 Ulexlmgen near Conflance^ in order either to difpatch Frederick out of the Wa\-, or 
 take him Prifoner before he fhould gather more Strength in Gerwcny ; but being 
 deferted by many of his Followers, who went over to his Enemy, his Defigns were 
 blafted. And while Frederick was in Covfiance^ he was join'd by a good Body of 
 the Suevians, befides a great Number of German Barons, who, out of Refpedt to 
 the Memories of his Father and Grandfather, lov'd him dearly. Otbo feeing his 
 Forces daily dwindling away, in the Beginning of the Year 121 2. went to Brifac 
 fituated on the Banks of the Rhine, where he left no Stone unturn'd to augment his 
 Army, but the Citizens being grievoufly oppreft'd by the Soldiers, with unanimous 
 Confent fell upon them, and drove them out of the City, killing and difperfnig the 
 whole Army ; whereupon Otbo, feeing no other way to make his Eicape, with a 
 fmall Retinue, fled to Saxony. The News of this being Ipread among the Germans., 
 they went all over to Frederick, who march'd down the Banks of the Rhine, and 
 was favourably receiv'd in Hainaitlt ; but fome of theie People continu'd faithful to 
 Otho, fhut their Gates, and began to difpute his Paflage, but in a few Days they 
 were likewife forc'd to fiibmit, and he march'd to Aix la Cbapclle, whither the 
 greateft Part of the German Princes went, and, contrary to Frederick's Expedlation, 
 chearfully embrac'd his Intereft ; and in the Year 121 3. the Twentieth of his Age, 
 according to the Abbot of Ujperg, Baron/us, and Bzovius, but the Eighteenth 
 according to Inveges, he was crown'd by the Archbifhops o£ Mentz and Triers '. 
 
 OI'IIO, feeing himlelf thus deferted by the Princes of the Empire, turn'd his 
 Arms agamfi'Pbilip King of France, who beat him, and put him to flight, and 
 Philip, to humble him the more, made a Truce with the Emperor Frederick ', who 
 taking Advantage of this favourable Opportunity, forthwith attack'd the Imperial 
 Cities that favour'd Otho, and harrafs'd them in fuch a manner, ut urbes ad dedi- 
 tionem, & Othonem ad 'veniam petendam rmpulerit, as Gordon has it. 
 
 POPE Innocent finding Otho crufh'd, and Italy and all other Chriftlan Domi- 
 nions now at Peace, and the Affairs of the Empire of the Wefl in a fair W^ay to his 
 liking, and at the fame Time having receiv'd the agreeable News of the famous 
 Victory gain'd by D. Pedro II. King of Caftile and Arragon, the Emprcfs Conjtantta's 
 Brother, and Sanllius King of Na-var, in the Fields of Toledo, over the King of 
 Maroco, and his Moors, bent his Mind to a more noble Undertaking ; he faw that 
 the ^tirks both in Spain and the Holy Land grievoufly molefled the Chriffians, 
 therefore he wrote Letters to all Chriftian Princes, exhorting them to lay afide their 
 private Quarrels, put on the Crols, and go to the Holy War^ and he fen t two 
 Cardinal Legates to affemble what People they could to go to Paleftine. He like- 
 wife wrote to Saladin Soldan of Babylon and Damafciis, to reftore Jerufakm to the 
 Chrifliians, and fet at Liberty all the Prifoners, promifing to fet at Liberty all the 
 ^urks that were Prifoners in Chriftendnm j but his Labour was loft, for that Prince 
 neither minded the Pope's Letters nor his Meflengers. Innocent likewife fummon'd a 
 General Council to be held in Rotnc in the LateranFuhce the following Year 1215. 
 which began to be celebrated the firfl Day of November the fame Year, in which 
 were prefent 70 Archbifhops, 412 Bifliops, and 800 Abbots and Priors. Ambafia- 
 dors from all Chriftian Princes were likewife at this Council, and Berardo Arch- 
 bifliop of Palermo was lent by Frederick K The People of the Milanefe, who were 
 great Partizans of 0?/:?o, did not fail likewife to fend one of their Citizens to defend 
 his Right in this AfTembly ; in which many Points were e.xamin'd and hotly debated- 
 
 ' Rlc. S.Germ. Aquis per Antiftitcs Mogun- i ' Abb. Ufpcrgenfis. 
 tium, & Treverenfem coronam accepit. • ' Ric S Genu. 
 
 THE
 
 66o 
 
 The Civil H i s to r y of 
 
 Book XV- 
 
 THE chief Point was the Expedition to the Holy Land, to recover Paleftine 
 from the Infidels, and make up the Differences betwixt Chriftian Princes, to which 
 the AmbaflCidors promis'd the utmoft Affiftance of their Mailers. 
 
 O 7' II O's Depofition, and Frederick's Coronation in y-Iix la Chapelle, were alio 
 flrongly debated, and the Milanezc Deputy made a long Speech in favour of OtbOy 
 and told rhe Council, That he was willing to become an ijbedicnt iion of the 
 Church, and therefore ought to be reftor'd to his former Imperial Dignity, and 
 Frederick's Eleftion declar'd void : But the Marquis of Monferrat ftood up for 
 Frederick, and made a Speech, wherein he faid. That no Perfon ought to be heard 
 thatfpoke in Otbos Name, and produc'd Six Articles of Acculation againft him '. 
 The firft was the Breach of his Oath to the Chnrch of Rome, whereby he fwore 
 not to invade her Lands, nor Frederick's Dominions. II. That he had not reftor'd 
 thefe Lands for which he was excommunicated, and had fworn to reftorc them. 
 HI. That he favour'd an excommunicated Bifliop. IV. That he imprifon'd a 
 Bifhop Legate of the Holy See. V. That in Contempt of the Church of Koine, 
 he call'd King Frederick^ King of Priejls \ VI. That he deftroy'd a Monaftery of 
 Nuns, and made a Fort of it. Then turning towards thofe of the Milaneze that 
 ^vere prelent, he inveigh'd againft them, as Frederick's Enemies ; but they, no ways 
 afraid, were going to anfwer him, when the Pope made a S'gn with his Hand, rofe 
 from the Throne, and went out of the Church. This weighty Affair of Frederick 
 and Otko, according to Ktccardo, was debated in the Council with great Warmth, 
 from the Feaft of St. Martin to that of St. Andrew ; on which Day the Pope 
 approv'd of the Eleftion made by the Princes of Germany in Aix la Cbapelle, and 
 confirm a Frederick Roman Emperor, and it was refblv'd that he ihould be invited 
 to Rome to take the Crown, according to the Cuftom of his Predeceffors. 
 
 I N this Council the Sacraments of Penance, and the Eucharift, v/ere narrowly 
 examin'd into, and efpecially the Condemnation of the Herefy of the yilbigenfcs was 
 clofely debated ; this Herefy being favour'd by the Count of Tculcufe, and many 
 great Men in France^ had taken deep Root there. 
 
 'Idem, Sex in medium Capltula protulit. ^ . 
 
 ^ Idem, Quia in contemptum R. Ecclefix Regem Fredericum, Rcgem appellavlc Presbyteroruni." 
 
 CHAP. IV. 
 
 The Orlgine of the hiquijitmi agahijt Heretkks-j and the T)eath 
 
 of 'Pope Innocent III. 
 
 H E Tribunal of Inquifition againft Hereticlcs, had its Rife at this 
 Time. The Apoftles apply 'd no other Remedy to this Evil, than 
 Admonition ; if the Heretick, after being once or twice admonifh'd, 
 continu'd obftinate, he was excommunicated, and all Catholicks were 
 injoyn'd to have no Fellowfhip with him. And this was all, till Coh- 
 jiantine imbrac'd the Chriftian Religion. Among the Inftrudlions 
 which the Fathers of the Church gave to Confiantine and his Succeffors ; one was, 
 that feeing they were Chriftians as well as Princes, they were oblig'd to fervcGod in 
 ■ both Capacities. As Chriftians, by obferving God's Holy Commandments, a.s much 
 as any private Perfon ; as Princes, by making good Laws, directing tlieir Subjects 
 to lead godly, righteous and fober Lives ; by punifhing the TranfgrefTors of the 
 
 Divine
 
 Book XV. ^/j^ Kingdom o/N A P L E S. 66\ 
 
 Divine Precepts, and efpecially of the Decalogue : And fince, 'tis a more heinous 
 Crime to tranfgrefs the firft Table, which regards the Honour of God, than the 
 Second, which regards Juftice betwixt Man and Man, therefore Princes are more 
 oblig'd to punifli Blafphemy, Hcref)', and Perjury, than Homicide and Theft. 
 For which Caufe, many Laws were made againft Hcreticks, with ievcre Sandions 
 againft the Broachers and Teachers of Herefies, and thoic who by fuch Dodlrine 
 rais'd Difturbance and Sedition in the Commonwealth. Conjlautiue the (rreat made 
 Two fuch Laws '. Confians his Son made none, becaufe he was a Heretick. Valeu^ 
 tinian the Elder made one '. Valeus made none, becaufe he waslikewife a Heretick. 
 Gratian publifli'd Two '. I'heodofius the Great publifh'd Fifteen •*. Valenttnian the 
 Touiiger Three ^ . Arcadius Twelve ^. HoJiori us Eighteen'', 'tbeodofms the Tuiinger 
 Ten * ; and Valenthuan III. Three '. 
 
 THE Punifiiment inflidcd on thofe Hereticks, was not always the lame ; but 
 according to the Circumftances, Ibmetimes more levere, Ibmetimes more mild: 
 Neither was there any Law that punifh'd Hereticks in general with Death. The 
 Manicbees, the Prifcillianijls, and their Dodors, and thofe who rais'd Difturbance, 
 were the moft feverely punifh'd. They were commonly banilh'd, dcclar'd infamous, 
 render'd incapable of military Imployments, and all Honours and Dignities ^ to 
 make Wills, to make Donations, to Buy or Sell, or make any kind of Contradts ; 
 they were fin'd, and their Goods, either in part, or in whole, confilcated, accord- 
 ing to the Circumftances of their Crimes : Capital Punifiiment, in Ibme fingular 
 Cafes, was only thrcatned by the Emperors, as againft the Mauicbees, the Stirrers- 
 up of Sedition and Commotions ; and againft other Hereticks, according to the 
 Heinoufnefs of the Crimes, or their Obftinacy in the Cafes recorded in the fbeodo' 
 /ian Code '°, and enumerated by facobus Gothofredus. 
 
 BUT fince, in criminal Procefles, three Points are to be confider'd j the 
 Cognizance of the Validity of the Crime ; the Cognizance of the Fad, and the 
 Sentence ; therefore in Trials of Herefy, the Cognizance of the Validity, that is 
 to lay, whether fuch an Opinion be heretical or not, was always reputed to belong 
 to the Ecclefiaftical, and in no refped to the fecular Magiftrate ; whence in thefe 
 Times, when any Difficulty arole concerning any Opinion, the Emperors had 
 recourle to the Judgment of the Bifhops, and, if need was, they call'd Councils. 
 But to take Cognizance of the Fad, whether the Perlbn was Innocent or Guilty, 
 and to impofe the Punifhment ordain'd by the Law, or to abfolve or condemn 
 belong'd to the fecular Magiftrate. 
 
 SEEING then that it belong'd to the fecular Magiftrate to take Cognizance of 
 the Fad, the Emperors made many Laws, whereby they prelcrib'd Means for 
 proving the Fad. They declar'd Herefy to be a publick Crime, therefore allow'd 
 all Perfons to be Accufers, efpecially when the Procels was taken out againft the 
 Manichees, the Phrygians^ and the Prifcillianijis. They allow'd of Informers ; 
 and in fome Cafes in order to difcover conceai'd Hereticks and their Dodors, they 
 appointed Inqiiifitors. And Gothofredus obferves ' ', that I'heodofius the Great was the 
 firft that appointed Inquifitors^ and was afterwards imitated by Arcadius and Hono' 
 rius ; but this fame Writer adds, that they were not commonly imploy'd againft all 
 Hereticks; but only in weighty Cafes, where Severity and Rigour were neceflary, as 
 againft the Mankbees^ the Authors of new Seds and their Dodors, the Enmmiansy 
 and others of the Clergy, Authors of abominable Superftitions and Herefies. For 
 the more ealy Proof of this Crime, Servants were allow'd to accufe their Mafters " ; 
 yea, their very Wives and Children were admitted ; and in fine, Proceftes were 
 framed by the fecular Magiftrate, according to the Prelcription of the Laws of the 
 Emperors ; and after the Bifhops had declared the Opinions heretical, and excom- 
 municated and anathematiz'd thofe that held fuch Opinions ; they meddled no 
 more, nor durft they fb much as acquaint the Magiftrates with thele Opinions, for 
 fear of being guilty of a Breach of Charity. 
 
 ' Cod. Th lib. 1. & 2, de Hiretlcis. 
 
 * L. J, 6. cod. eod. tit. 
 
 5 L. 4 & 5- 
 
 •* L 6, 7, S. 9. 'o, II, 12, I?, 14, 16, 17, 
 i3. 19, 20, 21, 22, 25. 
 
 * L. f, 18, 20. 
 «L. 24, 2f, 26, 27, 23, 29, 10, 31, 32, 33, 
 
 ?4. 3'5- 
 
 ' L. 3r, 37, 38, 39. 40, 4'. 4Z, 4?» 44. 45". 
 40. 47, P, 52, ^3. r4. yr. f6. 
 ^ L.43, 49, fo, SI, ;3, f9, 60, 61, 6/, 66. 
 » 62, 63, 64. 
 
 '=Cod. Th. L. 9, 34. 36, 35, 4?. 44- <le 
 Heret. 
 
 " Goth, in 1. Qulfquls 9. C. Th. de Hxrec. 
 
 " Idem in Paratitl. ad tit. C. Th de Here:. 
 
 8 H BUT
 
 66 J 'The Civil History of Book XV- 
 
 BUT othfcrs finding, that the Fear of the Magiftrate overcame the Frowardnefs 
 of rhc Obftinatc, and was more powerful than the Love of Truth, thought, that 
 thtv were in Duty bound to accufe Hcreticks, and give Information of their wicked 
 Praftices to the fecular Judges, that thereby they might fpur them on to put the 
 Itnperial Laws in execution. But feeing it fometimes happen'd, that the fecular 
 Judges were oblig'd to proceed againft fbme heretical Doftor, who, by his wicked 
 Doftrine, occafion'd Difturbance and Sedition, the Punifliment of which, becaufe 
 of the Heinoufnefs of the Crime, might be extended to Death ; in fuch Cafe, the 
 £ccleriaftick3 forbore to appear before the Magiftrates, but always did what they 
 cdiild to divert them from capital Punifliment. St. Martin excommunicated a Biftiop 
 in Pi-aiice, becaufe he had accus'd certain Hereticks to Maximus, who had got him- 
 felf to be proclaim'd Emperor, which Hereticks were, by his Order, put to Death ; 
 and though St. Aiigv.fiins, out of Zeal for the Purity of the Church, very often and 
 ftrenuoufly Ibllicited the Proconfuls, Counts, and other Imperial Minifters in Africa, 
 to put the Laws df the Princes In execution, and inform'd them of the Places, whcr'e 
 the Hereticks kept their Conventicles ; yet when he faw that the Judges were 
 inclin'd to pimifli with Death, he always begg'd and conjur'd them, for the Love of 
 God and Jefus Chrift, not to punifli them with Death j and in a Letter to Douatus, 
 Proconful of Africa^ he told him plainly, that if he (hould go on to punifli Hereticks 
 •with Death, the Bifliops would forbear to accufe them, and feeing none others did 
 accufe them, they would go unpunifli'd, and the Imperial Laws would not be put 
 in execution ; but if he proceeded mildly, without fhedding Blood, they would be 
 vigilant to discover them, and inform againft them, both for the Service of God, 
 and the Execution of the Laws. 
 
 I N this Manner were Procelfes againft Herefy carried on under the Konmt 
 Empire, till the Year 800 of our Redemption ; when the Empire of the Eaft was 
 feparated from that of the Weft. And the lame Form was contlnu'd in the Empire 
 of the Eaft as long ^s it lafted, as is clear from Jujiiniath Code, and the Novellx 
 of the other E,miierors of the Eaft his Succelfors. 
 
 B iJ T in the Weft every thing was altered, either becaufe Princes had iio Occa- 
 fion to make Laws againft Herefy, or they nkfe minded it j for during the Space of 
 Ttifee hundred Ye^rs, frOm the Year 800 to 1100, there appear'd few Hereticks in 
 thefe Parts j and when any fuch did appear, the Bifliops made themfelves judges ; 
 for thr6U(5'h the lhd6lerice of Princes, the Bifliops having much extended their 
 Ecclcfiaftical Jurifdiftion, aflTum'd the Power of judging Hereticks, and as they 
 procfeTefiSd frt other Ecckfiaftical Crimes, fuch as not obterving Feftivals, not keeping 
 Ta^s ^Vid the like, jiidging and puhifliing in thofe Places, where Princes had granted 
 thefti Power to e^^e'rclfe JuriOidion, and whcr'e they had not JurifdiSion, they 
 had r^c6urfc to "the fecular Magiftrate, who punifli a them : So fikewife they pro- 
 ceeded In the fame Manner againft Hereticks in the Crimes of Herefy. 
 
 AF TER the Year iioo, by the continual Diflenfions and Wranglings, which 
 for Fifty Years before had been betwixt the Popes and the Emperors, and by thole 
 which Lifted all the following Century to 1200, accompanied with frequent Wars, 
 and Scandals, and the licentious Lives of the Ecclefiafticks, a Multitude of Here- 
 ticks fta'rted up, whole Herefies generally ftruck at the Ecclefiaftical Authority, Ibme 
 attacking their Loo'fenefs of Manners, Ibme their Power and Wealth, maintaining 
 with the Arnaldijis, that Ecclefiafticks ought to poflTels nothing in Property ; and 
 Ibme carrying Matters farther, condemn'd the Baptifm of Infants, and rc-baptiz'd 
 adult Perlbns ; threw down Churches and Altars, broke the CroflTes ; and others 
 did not cipprove of the Celebration of Mais, and taught, that Alms and Prayers 
 did not avail the Dead : So that the Number of Hereticks in thefe Times was 
 become very great, artd they either took their Names from their Dodors, who 
 broach 'd the Herefies, or from the Places where they flourifli'd moft ; but in the 
 main they all agreed in Manicheifm. And as under the Roman Empire, from 
 Conjlautiue the Great, to Valentinian III. their Number was prodigious, and went 
 under the Names of their Authors j fuch as the Ariaiis, the Mactdouiaiis, Pnetma- 
 tomacbiy Apollinarifts, Novatians, Eunomians, Vakntinians, Patilianijis, Papianifis, 
 Montanijisy MarcioniftSy Donatijls, Pbotians, and many other Seds, which may be 
 fcen in the ^theodofictn Code ' : So likewife in thefe Times they were call'd Arnaldijls^ 
 
 ' Cod. Th. tit. de h«ret. lib. x6. 
 
 from
 
 Book XV. f/:?^ Ki NGDOM 0/ K A P L E S. 66^ 
 
 from Arnaldo da Brefcia their famous Head, the Leonijia, the Infahbathah^ the 
 tValdenfss, the Speronijix, the Piiblicaui, the Circumctfi^ tlie Gazariy and the 
 Patareni, who, heing prepar'd to fufFer all Indignities and Affliftion, by affecting 
 an incredible Conftancy, would be cali'd P^taraii, in oppofition to Cacholicks, who, 
 for the fake of Religion, fuffer Slaughter, and after Death, are cali'd Martyrs j lb 
 they, for their Belief, with the fame Gjnftancy, expofing themfelves to the like 
 Danger, would be cali'd Patareni '. But the moft confiderable in thefe Times, 
 were the Albtgenfes, fo cali'd from Alby^ the Place to which they retir'd, and being 
 protedbed by the Count of I'botdoufe, fpread their Dodrine in many Provinces of 
 France. 
 
 B U T on the other hand, in thefe very Times, for the Support of the Church of 
 Rowe, there appear'd two bright Lights, Dommick and Francis, who, for their 
 Sandity, became famous every where, and founded the Orders of Preaching 
 Friars, and Minors Friars, which were fuch fruitful Plants, and multiplied to that 
 degree, that in a fhort time all Europe was full of gallant Champions, who, neither 
 Sparing Fatigue, nor other Tnconveniencies, expos'd themielves to all Dangers, and 
 fought boldly for the Roman Pontiffs. Francis imbracing fevere and rigid Poverty, 
 in imitation of our Saviour, endeavour'd to bring his Order, and thofe that imbrac'd 
 it, to the anticnt Difcipline, and his own Principles, and feeing his Order was 
 founded on Humility and Poverty, he refolv'd, in imitation of the primitive Times, 
 to clothe them after the antient Manner j and thus, more by exemplary Lives, 
 than by Preaching and Sermons, to remove Error. On the other hand, Dominick^ 
 a Spaniard by Nation, of the City of Calahorra, of the renown'd and noble 
 Family of the Gufinans, with thofe of his Order, went another way to work for 
 fupprefling the growing Herefies. The Bifhops were not fufficient for fuch a Work, 
 as well becaufe of the great Number of Herefies, as that neither they nor their 
 Vicars were fo well qualified nor fb careful as the Popes wifh'd, and was requifite j 
 therefore Innocent III. perceiving the Zeal of thefe rifing Heroes, gave them in 
 charge to go and preach the true Faith to the Hereticks, in order to convert them j 
 to exhort Princes and all good Catholicks, to profecute the Obftinate, and to in- 
 form themfelves of the Number and QuaRty of the Hereticks in all Places where- 
 cver they went, and of the Zeal of the Catholicks, and the Diligence of the 
 Bifhops, and to bring an account of all to Rome ; whence they got the Name of 
 Inqutfitors. Dominick labour'd fb heartily, and with fo much Zeal againffc the 
 Albigenfes, that Pope Innocent declar'd him Inquifttor General againfl thefe Here- 
 ticks : Dominick perceiving that Sermons and Difputes made no Impreflion upon the 
 Winds of obftinate Hereticks, thought that the befl way to extirpate them, was to 
 have recourfe to the Afliflance of the Count of Monfort, and other SpaniJJj, German 
 and French Lords, who being joyn'd with a great Number of Bifhops, enter'd into 
 a Crufade, and in the Province of Narbojie, and other Places, defeated and 
 deflroy'd them. But like fb many Hydras, they flill multiply'd, and Dominick 
 came to Rome, and in the Council, which was this Year held in the Lateran, 
 declaim'id againfl the AlbigefifeSf and got their Doftrine to be condemn'd as 
 heretical. The Books which the Abbot Giovaccbino had written againfl Peter 
 Lombard, Magifier Sententiarum, were likewife condemn'd in this Council, and 
 Peters Dodrine concerning the Myftery of the Trinity, was approv'd of And 
 Care was alfo taken in this Council, for reforming the Manners of the Ecclefiaflicks, 
 who, by their Rival Hereticks, were cry'd out upon as abominable and facrilegious 
 Perfons, and thus ended the Council ; which having greatly incourag'd the new 
 Inqutfitors, with much Alacrity and Intrepidity they carried on their Work. How- 
 ever, they had no Tribunal at this Time • but they often ftirr'd up the fccular 
 Magifhrates to banifli, and otherwife punifh the Hereticks j they frequently excited 
 the People, and fix'd a Crofs of Cloth upon their Garments, and led them on to 
 deftroy and extirpate Hereticks. 
 
 THESE Inqitijitors were afterwards much incourag'd in their Undertaking 
 by the Emperor Frede-rick 11. who, in the Year 1224, while he was in Padua, 
 pubiifh'd four Edids on that Head, and took the Inqutfitors under his Protedion, 
 and condemn'd obftinate Hereticks to the Fire, and the Penitent to perpetual 
 Imprilbnment, committing the Cognizance to the Ecclefiafticks, and the Condemna- 
 
 ' Pictro dclle VIgnc, aWFederico, give thii Etjfmthgy in ths CtVl!i:niiinlnioni\nlkm, 
 
 tion
 
 664 ^he Civil History of Book XV. 
 
 tion to the fecular Judges. And this was the firfl: Law, whereby Heretick» 
 in general were condemn'd to die, of which we fliall have occafion to difcourfe 
 elfewhere ; but though Frederick took the Inquifitors under his Protedion, yet 
 they had no Tribunal. But Pope Innocent IV. upon the Death of the Emperor 
 Frederick, having made himfelf Umpire in Lombardy, and fome other Parts of 
 Italy, erefted a Tribunal, and apply'd himfelf wholly to the Extirpation of 
 Herefy, which had much fpread during the late Troubles. And confidering 
 the Pains which the Dominican and Francifcan Orders, without Refpedl of Perfons, 
 or Regard to Dangers, had hitherto taken in this Service, he thought the bcft: 
 thini^ he could do, was ftill to make ufe of them, and imploy them, not as at 
 firft, by Preaching and Crufades only, but by giving them an eftabli(h'd Authority, 
 and ereding a fix'd Tribunal folely for that Purpofe. Such was the Rife of the 
 Tribunal of the Inquifition ; but how, and in what manner afterwards, it got 
 footing in thefe Provinces, and how at laft it came to be fo deteftcd and abhorr'd 
 among us, as that the very Name of it durft not be mention'd, Ihall be inquir'd 
 into at large in a more proper Place. 
 
 I N the mean time Pope Innocent, after he had put an End to the Council, went 
 from Konie to Perugia, where he fell fick, and after he had govern 'd the Church 
 of Rome for Eighteen Years, and this our Kingdom during the Minority of 
 Frederick, died the Sixteenth Day of July 121 6. For Rcalbns which we fhall 
 by and by relate, it was a moft deplorable Death to the Church of Rome, and very 
 afflidting to the Emperor Frederick, who was very unfortunate, as his Succeflbrs 
 ■were. Innocent was a Pope, to whom the Church of Rome is much indebted, for 
 by his Cunning and Learning, he rais'd her to the higheft Pitch of Grandeur, 
 and had the Art to fubjed: to her, almoft all the States and Princes of Europe^ 
 who regarded him as an Oracle: And fuch Refped was paid to him, that he 
 oblig'd Alphonfus King of Aragon, to make his Kingdom Tributary to, and him- 
 felf Liege-man of the Church of Rome, and would have himfelf crown'd by 
 him in Rome, and other Princes follow'd his Example. He was fb confum- 
 mate a Lawyer, that the greateft Perfbns came to Rome, and made him Umpire 
 of their Differences, which he determin'd to their Satisfadion : Whence the moft 
 weighty Difputes both in Church and State, were decided in Rome. Whence we 
 have fo many of his Decretal Letters, of which at this Time there was a Colleffiat 
 made, and given to the Students of Bologna to read ', whence Gregory IX. was 
 enabled afterwards more firmly to eftablifh the Roman Monarchy. Innocent ftudied 
 the Roman Laws, and efpecially the Pandeds with great Application j and he 
 was reckoned one of the ableft Lawyers of the many that flourifh'd in thefe Times 
 in many Cities of Italy, and particularly in Bologna, famous above all the reft 
 for its Academy of Law, and for Ugolino and Azone, who were then renown 'd 
 Lawyers there. However he over-did in imitating the antient Lawyers, and in 
 endeavouring to found his Decretal Letters upon the Laws of the Pandeds, he 
 often committed great Errors, many of which were afterwards found fault wuth 
 by Cujacius, Hottomaniis, and others learn'd in the Law. He had a very high- 
 flown Notion of the Papacy, and, like Gregory VIl. and many others of his 
 Predeceffors, thought that he had Power to depofe and make Emperors, which 
 he put in Pradice, by depofing Otbo, and advancing Frederick to the Imperial 
 Throne. ^ 
 
 DURING the Minority of Frederick, he govern d the Dominions of Sicily 
 with more abfolutc Sway and Authority than became a Guardian, which Confiantia 
 hy her Will had made him ; and 'tis recorded in the Regifterof the Fat i can, that 
 by this Authority he inverted his Nephew with fome Fiefs, and the County of Sora 
 in our Kingdom ; though the Author of the Ads of Innocent writes, that he 
 was inverted by Frederick's Governors and Minirters of Sicily. By the fame 
 Authority, Innocent in his Decretals, fpeaking of Capua, Reggio, and fome other 
 Cities of our Kingdom, fays, that he had the Government of them as well in 
 Temporal as in Spiritual Matters, which Innocent meant, when, in confirming, and 
 alfcnting to the Llcdion of Bifhops, made by the Clergy and People of our 
 Kingdom, he faid, he did it we-regia, which our Writers, through Ignorance of 
 
 ' Bofquct. in notis ad cplft. Inn. lib? i. epift. 71- 
 
 Hiftory,
 
 Book XV. the Kingdom of NAPLES. 
 
 665 
 
 Hiftory could not conceive ; for though, as wc have faid elfewhcre, this fame 
 Pope in Conflantids Life-time, had made great Alterations in the Agreement made 
 betwixt Adrian IV. and iriHiam I. concerning the Eledion of Bifhops, yet it 
 was not difputed at that Time, that the King's Affent muft be fought to the 
 Ele<rtions of Prelates ; and while Innocent was Guardian, he obferv'd it pundtually j 
 whence, writing to the Chapter and Canons of Captia^ to eledl a proper Perfon 
 for that Sec, he likewife fays, that after he is eledtcd, they muft lend to him, 
 for his Affent, Vice-regia '. We read, that he did the fame when the Bilhops of 
 Penne and Reggio were to be eledled ^ 
 
 AFTER. Frederick came to be of Age, this Pope had no Difputes of an/ 
 Moment with him, but was ftill for advancing his Intereft, in oppofition to Otho, 
 and Frederick, for his part, was very obfequious and obliging to him and the 
 Church of Kciiic, for which his Rival Otho us'd to call him a King of Priefts. 
 Thus it far'd with Frederick during the Pontificate of Innocent ; but he was not 
 fo well us'd by the fucceeding Popes, for there happen'd fuch ftrange Turns and 
 Viciflitudes of Fortune betwixt him and them, that produc'd the prodigious 
 Effefts, which (hall be related in the Two following Books of this Hiftory. 
 
 ' Cap. cum inter. 18. de eleftionib. I & 20. Ughellus torn. 9. pag. 405". /mdithn) btm 
 
 * Cap qualiter eod. tit. deEleft. eplft. 2^2. I f3/fe<n naf/f? «/ ^j' Florens tit. de Ele£l. 
 lib. 2. Epid. 242- GeHa ejufdem Inn. pag. lo. * 
 
 8 I 
 
 THE
 
 :i H T
 
 C"7 3 
 
 THE 
 
 CIVIL HISTORY 
 
 Of the Kingdom of 
 
 NAPLES 
 
 BOOK XVI. 
 
 PON the Death of Top^hhocem in Perugia, the College 
 of Cardinals met immediately in that City, and eleded 
 Qncio Savella, Cardinal of SS. Johji and Paul, his Suc- 
 cefTbr, who had been formerly Chancellor of the Holy 
 Church, and in the Minority of Frederick had been his 
 Tutor four Years in Palermo, and was caU'd Honoriiis III. 
 It has been obferv'd by the moft careful Searchers into 
 Human Actions, and ccnfirm'd by antient and modem 
 ,^ Inftances, that thofe, who hpve been the Domefticks, 
 II and greateft Favourites of Princes, became their greateft 
 Enemies as loon as they were made Popes. Inmccnt IV. 
 while Cardinal, was Frederick's great Friend, but after his Eledlion was his greateft 
 Enemy. Callijlus III. prov'd fuch to Alphonfus King of Arragm^ and the Emperor 
 Charles V. and our Frederick had the fame Fate ; for Homrius wdjino fooner clcded 
 and return'd to Rome, where, as their Citizen, the KomoJis received him witli 
 great Honours, than the firft Thing he did, was to intim.ite to Frederick by his 
 Letters, that though he was Emperor and King of Sicily and Puglia, yet he muft 
 not think, that thefe Kingdoms dcpeioded on the F.mpire, and not on the Church a.s 
 Fiefs thereof, notwithftanding the Claim of the Emperors of the Weft, and of the 
 late Otho among the reft, that at leaft the Kingdom of PtgUa depended upon the 
 Empire. 
 
 TO this Frederick anfwer'd with the greateft Honour and Rdpc<a, that In order 
 to obey him, if he thought fit, he would yield the Kingdoms of Sic:Iy and Puj^lia to 
 
 hi*<
 
 668 ^he Civil History oj Book XVI. 
 
 his Son Henry, which would remove all Grounds of Jealoufy ; and he fcnt his Ambaf- 
 fadors to Ro we for that Purpofe. iioHonwi receiv'd the Ambaffadors very honour- 
 ably, and feeing he could not but accept oi Frederick's juft and reafonable Offer, toKd 
 them, that he had appointed a Legate to go to Stctly to finifh that Affair ^ and in 
 the mean Time, Frederick muft be faithful and obedient to the Church. 
 
 MEAN while Otho, after the Viftory which Phtlip King of France had gain'd 
 over him, fled with the miferable Remains of his Army into Saxony, and having 
 ^iven over all Hopes of recovering his loft Grandeur, he was taken ill of a Fever in 
 Bnui/k'ick, and died there in the Year 121 8. Frederick, now freed from his Rival 
 in Gertiiciny, caus'd an AfTcmbly of all the Princes and Prelates of the Empire to be 
 conven'd in Mentz, and after he had fettled Peace in that Country, he began to 
 treat with Ilonorius about his Coronation in Rovie. But the Pope, who was relblv'd 
 to be well paid for his Pains, was not eafily perfuaded to confent, and this Ceremony 
 adually coll Frederick very dear ; for, as Fazzellus fays, the Pope would not allow 
 of his coming to Rome to be crown'd, till he had firft promis'd him the County of 
 Fondi : This Affair being adjufted, FrederickviZLS aWo^'d to come ', and accordingly 
 affembled a lufficient Army to go into Italy j and in the mean Time he wrote to the 
 Count of S. Sever/no, to imprilbn Diopoldus his Father-in- Law, who had rais'd new 
 Commotions and Difturbances in the Kingdom, and accordingly the Count (hut him 
 up in clofe Prilbn. He likewiie wTotc to theEmprefs Confiantta his Wife, to come to 
 Germany, who, having left Sicily, went by Sea to Gaeta, from thence to Lombardyy 
 and was receiv'd in Verona and other loyal Cities, with great Marks of Refpeft, 
 and join'd her Husband in Germany in the Beginning of this Year 1219. 
 
 DURING thefe Tranfadtions, Honornis, having Advice that there was great 
 want of Succours in the Holy Land, wrote to Frederick, and all the other Princes 
 and People ingag'd in the Crufade, prefently to make ready to go to Palefiine. 
 Frederick upon his receiving thefe Letters, confirm'd the Oath he had made to go to 
 the Holy Land, and wrote to the Pope, that after his Coronation in Kotne he would 
 undertake that Voyage. Therefore Honornis fent to require Henry Count of Brunf- 
 •ifick, and the Duke of Saxony (who under pretence that Frederick was not lawfully 
 crown'd, ftiil kept the Crown, the Launce, and the other Imperial Enfigns) forth- 
 with, under the Pain of Cenfure, to deliver them up. Fredtrick leaving his Son Henry, 
 a Boy of eleven Years of Age, mGermany, under the Care of Cowr^cfe his Cup-bearer, 
 arriv'd in Italy with the Emprefs CoK/?^«r/«, and having in vainrequir'd of the People 
 of the Milanefe, antient Enemies of the Houfe of Sue'vi a, and great Partifans of the 
 deceas'd Otbo, to be crown'd in Monza with the Iron Crown, according to the 
 Cuftom of the antient Emperors ; he purfued his Journey, and was met at Mantua. 
 by the Pope's Legate, who had Orders, not to flip fb favourable an Opportunity, 
 but before he allow'd him to proceed further, to extort from him what he could ; 
 Firft he made him fwear to defend the Rights of the Church of Ko7ne, and to obey 
 her and her Minifters, and to yield the Kingdoms of Pitglia and Sicily to his Son 
 Henry ; then he made him annul all the Conftitutions and Laws againft the Liberties 
 of the Church; in the next Place he made him reftorethe Dukedom of Spoleto, the 
 Towns belonging to the Countefs Mathilda, fuch as Ferrara, Vtllaviediana, Monte 
 Fiafcone, and the Cities in I'ufcany belonging to St. Peters Patrimony. He likewiie 
 made him give ftricl Orders for apprehending the Inhabitants of Spoleto and Nartii^ 
 who were Rebels to the Church, and effeftually to give up the County of Fondiy 
 which he had promis'd to do in the Year 1218. From Mantua h& pafs'd through 
 Modena, and accompanied by Deputies from all the Cities, he made his Entry into 
 Kome, and on the zzA of No'vember t\i\s Year 1220, in St. Peter s Church, with 
 great Pomp and Magnificence was crown'd Emperor, and at Mafs took an Oath from 
 ^he Hands of the Pope, to defend the Rights and Eftate of the Church, and go with 
 a powerful Array to conquer the Holy Land ; and at the fame Inftant was fign'd 
 with the Cyofs by the Hands of Hugo Cardinal and Bifhop of Oftia, who in the 
 Year 1227. was eleded Pope, and call'd Gregory IX. There were prefent at this 
 Coronation many Prelates and Barons of our Kingdom, fuch as Stefano Abbot of 
 Monte Cajffino, Knggieri deW Aquila Count of Fondi, Giacomo Count of S. SeverinOy 
 Kiccardo Count ofCelmo, and other Barons mention 'd by Kiccardo da S. Germano. 
 
 ' Rice. S. Germ. 
 
 FKF.-
 
 Book XVI. the Kingdom of NAPLES. 669 
 
 FREDERICK, after the Solemnity of his Coronation, in order to gratify 
 Ilciioriiis, piiblifh'd in Rome thole his Imperial Conftitucioiis, which we now read in 
 the Tecond Book ofl'iefs, according to the vulgar and antient Divifion, under the 
 Title De Statutis, S Confuetiidiiiii'ns contra Ubertatem Ecclefix^ &c. divided into 
 many Chapters : in the firft he revokes all the Statutes and Cufloms introduc'd 
 againft the Liberties of the Church j the Second injoins levere Punifhment to be 
 inflicted upon the Gazari, the Patareni, and other Hcreticks; and in the reft Care 
 is taken of Hofpitality, laiV Wilis of Strangers, and the Security of Husbandmen 
 which we find confirm'd by Houorins. And 'tis not to be doubted, that on this 
 Occafion, and in this Year, thofe Conftitutions were publiHi'd in Rome by Frederick • 
 for befides Riccardo da S. Germano's Teftimony ', Frederick himfelf in the Proem 
 tells us, that he had publifh'd them in die qua de manu facratijjimi Patris noftrt fnmmi 
 Pontificis (meaning IL.norins) recipiims Imperii Diadema. Three Chapters of which 
 were afterwards inlerced in the Jiifiiman Code, under the Title De Hxreticis ' ; and 
 one under the Title De facr. Ecclef. ; from which was form'd the Autb. Cajfa. i3 
 irrita, which we have taken notice of, that thefe Imperial Conftitutions may not be 
 confounded with others which Frederick afterwards publifli'd folely for the Kingdoms 
 of Sicily and Piiglia, fuch as that which begins Inconfiitilem, and the others which 
 we find amonglt the Conftitutions of our Kingdom. Thefe are Royal, and not 
 Imperial Conftitutions, and were publifh'd for thefe Kingdoms, when the Patarem 
 had crept into our Provinces, and efpecially into Naples, where in the Year 123 1. 
 Frederick caus'd many of them to be imprilbn'd and punifh'd, as {hall fhortly be 
 related. 
 
 BUT though Frederick, {6 much to his own Detriment, and the Diminution of 
 the Rights of the Empire and Kingdom, had endeavour'd to pleale the Pope, yet all 
 that did not ferve to make him his Friend ^ for, as Orlando Malavolta in his Hiftory 
 of 5/f/w writes, yK\\\\e Frederick was yet in Rows, he obferv'd, that the Orders he 
 had given for fettling the Affairs oi Lomhardy, were not executed by the Cities of 
 the Guelf FaAion, that fided with the Church ; and that this was owing to the 
 Pope, who was unwilling that his Adherents fhould pay any regard to Frederick's 
 Orders, that he might keep thefe Fadions divided, and render them irreconcileable, 
 left if thefe Cities fhould fide with him, Frederick would be too hard for him. 
 
 ' Ric S. Germ- Romic quafdam edidit Sanc- 
 tlones, pro libertate Ecckfis, 8c Clerlcorum, 
 confufionc Patarenorum, Teftamentis PeregrU 
 norum, &c lecuritate Agriculrorum. 
 
 '■ Cod. Juft. de Haereticis, Cap. Si vero 
 Dominus. Cap. CreJentes prsterea. Cap. 
 Gazaros, Patarcnos. 
 
 SECT. I. 
 
 Of the Guelf and Ghibelline Fafi'ions. 
 
 IN order to the better Underftanding of this Hiftory, it will be neceflary here, to 
 give a brief Account of the Rife and Realbn of the Quarrels betwixt the Guelfs 
 and Gbibellmes, whom we (hall have frequent Occafion to mention, becaufe our 
 Kings were often imbroil'd in thefe Difputes. 
 
 THESE famous Fadlions did not arife in the Time of Frederick, as fbme have 
 believ'd, nor was he the Author of them, as Fazzelltis unjuftly makes him, but 
 they are of a much older Date; Frederick found them already fix'd in Italy, where 
 they had taken deep Root. They began in Germany in the Year 11 39, in the Time 
 of the Emperor Conrade III. and in the Reign of Ro^er I. King of Sicily '. The 
 Ghibellnies, who were always Imperialifts, took their Names from Gibel, a City where 
 Henry the Son of Conrade was born. The Guelfs, who were always Papifts, took 
 their Name from Guelf Duke of Bavaria. Thefe Appellations came afterwards from 
 Germany into Italy, by an Accident that happen'd in Florence, which propagated 
 the Fa<^ions in Italy ; for a Gentleman of that City, whofe Name was Mejfer Buon- 
 dclinonte, of the Family of the Buondelmonti, young, handfom, and genteel, had 
 
 Invcgcs anno 1152. hift. Paler, torn. V 
 
 S K 
 
 promis'd
 
 670 The Civil History of Book XVf. 
 
 promis'd to marry a young Lady of the noble Family of the Atmdei ; but as he was 
 riding through Florence one Day, and pafRng by the Palace of a Lady of the 
 Family of Donatio the Lady, taken with the genteel Carriage of the young'Gentie- 
 man, "refolv'd to give him her Daughter in Marriage, who being her Father's only 
 Child, was the Heirefs of an opulent Fortune. Therefore the Mother {landing ar 
 her Door as Mejfcr Buondeliiionte return'd, laluted him in a friendly Manner, and 
 began to jeft him with the Lady he was to marry, laying, that (he did not deferve 
 fo worthy a young Gentleman as he was ; and adding, I have kept this Daughter of 
 mine for you, a more fuitable Match than fhe whom you have cholen ; upon liearing 
 of which Words, and feeing the young Lady of a noble Mien, and wonderful 
 Eeauty, he immediately fell in Love with her, and anfwer'd, That he (hould be a 
 very great Fool if he refus'd fuch a generous Offer, and forthwith took her and 
 married her. The Amadei hearing the News of this Marriage, were terribly incens'd 
 againft Buondelmontc, who had thus aflfronted them in breaking his Promife ; where- 
 upon they confulted among themfth'es how to be reveng'd on him, whether they 
 fhould fight him or beat him ; one Mejfer Mofcadi Lamberti, a pafTionate Man, faid 
 he knew better than any of them how to be reveng'd ; and foon after, taking fome 
 of his Kinfmen along with him, in the Morning of Eafier Day, meeting Mej[fer Buon- 
 delmonte a Horfeback on the old Bridge of the Arno, he attack'd him, difmounted 
 and kill'd him, at the Foot of the Pillar, on which Mars^ the antient Idol of the 
 Florentines^ flood. The News of which being fpread over the City, all betook them- 
 felves to their Arms, and the Nobles dividing themfelvcs into two Fadions, took 
 the Names of Gtielfs awA. Ghihelltnes ; the Family of the Buoudelnwnti, with many 
 others, headed one of the Fadlions, and call'd themfelves Guelfs j and the UberU 
 joining with the Amadei^ and many other Families, call'd themfelves Ghibellines ; 
 which cruel Contagion foon fpread itfelf over the greateft Part of the other Cities of 
 Italy, to their Ruin and Deflrudtion. For in the Difputes betwixt the Popes and the 
 Emperors, thofe of the Emperor's Party were call'd Ghibellines, and thole of the 
 Pope's Guelfs ; and the Popes did what they could to keep up the Fadions, in order 
 to deprefs, or at leaft ballance the Power of the Emperors. Honoriiis meant to ferve 
 Frederick the fame way, notwithftanding his fo great Condelcenfion. But this 
 Prince taking no notice of it, left Conrade^\{ho}^oi Spires, and Imperial Chancellor 
 oi Italy, in ^itfcany, to keep his old Friends firm to him, and gain over new ones, 
 and departed from Kovie for "iterra di Lavcro, where his Prefence was neceflary to 
 prevent any Commotions amongft the fadlious Barons of the Kingdom j and coming 
 to S. Germano, he was receiv'd with great Honour and Refped by the Abbot Stefano, 
 and then took Seffa, ^eano, and the Caftle Mondragone from the Count of Fondi^ 
 who had polTefs'd himfelf of them during the late Troubles. 
 
 SECT. II. 
 
 of the Capuan Court. 
 
 FREDERICK left S. Germano, and went to Capua, where he call'd a general 
 Parliament, in which he took great Care of the Quiet and common Good of 
 the Kingdom. It was at this Time, that by the Advice of Andrea Bonello da Barlet- 
 ta, a famous Lawyer, and Attorney-General, he eftablifh'd a new Tribunal in Capua^ 
 call'd Corte Capuana ', in which he order'd the Barons, the Corporations of Cities 
 and Towns, and all other Perlbns, to produce the Grants and Privileges of their 
 Caftles, and other Things which they held of him and his Predeceffors (excepting 
 the Grants of itancred and his Children, whom he look'd upon as Ufurpers) to be 
 inlpcdled whether they were valid, or had been illegally granted in Time of 
 Troubles ; declaring, that thofe who did not produce them fhould forfeit their 
 Grants and Privileges, which fhould return to the Crown j and befidcs, he revok'd 
 fome of them that had been furreptitioufly obtain'd: Of which, befides \\h.dxKiccari» 
 
 ' Camil. Salern. in prxfat. ad confuet. Fr, And, fag. ij6. difp. Feud. 
 
 da
 
 Book XVI. the K I ticDOM of ]^ A? LES. 6r i 
 
 da S. GeruitVio has written ', we have among our Conftitutions an intire Title, De 
 Privilc^iis a Curia C.'rpiiana revocatis. We have taken notice of this, that it may 
 not be Ibelicv'd, that Frederick inftituted this Court in Naples^ as Cavullo Sdlerno -, 
 and ^utini ' have written ; for it was eroded in Capua, and therefore call'd Capuana. 
 This Prince rais'd Naples afterwards above all the other Cities by founding an Uni- 
 verfity there, and by the Tribunal of tlic High Court, of which we fh:ill have occa- 
 Con to difcourfe hereafter. 
 
 BUT Bonello, the Contriver of this Court, was much blam'd, becaufe it was very 
 prejudicial to many, whole Privileges were either revok'd, or for not being produc'd 
 in Time, were reckoned not valid afterwards ; which made our Cymmeutators upon 
 that Confticution have a bad Opinion of that Inftitution, and fpeak of it with Con- 
 tempt, as founded neither on Law or Juftice, and favouring of Tyranny ; but 
 Marino da Caramanico, an anticnt Gloflator, defends it againft all their Calumnies. 
 
 FREDERICK in this general Parliament likewife ordered all the Caflles and 
 Forts, which any of the Barons had lately built in the Kingdom, to be demolifh'd ; 
 of which Frederick makes mention in another Conftitution, under the Title De 
 ^'Edtjiciis no'vis * ; and after having made other Regulations, which, according to 
 Riccardo da S. Germane, were contain'd in twenty Chapters, he put an End to the 
 Parliament, and in the Beginning of the Year 1221. he went from Capua to Seffa, 
 where he divefted Riccardo Brother of the dcceas'd Pope Innocent, of the County of 
 Sora, which the Governors of the Kingdom had given him while Frederick was 
 under Age, as we have above related '. He likewile ordcr'd Rug^iero deW Aquila. 
 to befiege the Caftle of Arce, which was held out by Stefano Cardinal of S. Adrian^ 
 who furrender'd it ; and at the Requeft of the Germans he fet Count Diopoldus at 
 Liberty, who had been in Prifbn fince the Year 121 8. 
 
 A T the (ame Time he gave the County oiCerra to fommafo d' Aquino, and made 
 him Chief Juftice of Puglia, and Terra dt Lavoro *. Thereafter he went to Bojano, 
 accompanied by many Barons, in order to curb the Infolence of the Count oi Mo life, 
 and fbme other Barons ; and after having humbled them, and reftor'd Peace to that 
 Province, he made a Progrefs into Calabria and Puglia, where there were likewife 
 Commotions ; for many Prelates and Barons, who, during his Minority, had been 
 accuftom'd to live under no Reflraint, had refolv'd not to obey him, but when they 
 thought fit ; therefore he immediately refolv'd to chaflife their Infolence, where- 
 upon fbme Barons being driven out, and others forc'd to fly, they all retir'd to Rome 
 under the Protection of Pope Honorius ; Frederick complain'd, that Honorius pro- 
 lefted his Enemies and Rebels, and fomented Rebellion in his Dominions, by infti- 
 gating the reft of the Bifliops to do the fame ; fo that for the Security of the State, 
 he was forc'd to drive many of them out of Puglia, and appoint other Bifliops in 
 their Place ; and for fupporting his Army, to tax indifferently both Churches and 
 Clergy '. 
 
 ' Ric. S. Germ. Capuam fe conferens, Sc 
 regens ibi Curiam generalem pro bono Statu 
 Regni fuas Afclfias promulgavit, qus fub vi- 
 ginti capitulis continentur. 
 
 * Camil, Salern. in proem, confuet. Neap, 
 num. J. 
 
 ' Tutin. d' M. Giuftizieri, in print. 
 
 * Lib. ^. De novis /Edific. prout in Capuana 
 Curia per nosextitic Stabilitum. 
 
 ' Ric. S. Germ. 
 
 * Idem, Tunc etiam Thomas de Aquino 
 faftus Acerrarum Conies, & magnus Juftiti- 
 arius Apulis, 8c Terras Laboris. 
 
 ' Gordon'j Chronicle, quoted by the Abbot of^ 
 Ufperg, Nauclerus, Blondus, and Platina. 
 
 CHAP.
 
 671 
 
 The Civil History of 
 
 Book XVI. 
 
 CHAP. I. 
 
 TJoe fiyji Rife of the 2)ifcords hefwixt the Emperor Frederick II. 
 
 and 'Pope Honorius. 
 
 H E S E were the firft Seeds of Enmity betwixt Frederick and Honm'his. 
 Frederick complain'd of Honorius^ that befides incouraging the Cities 
 of the Guelf Faftion to ftand out againft him, he receiv'd his Ene- 
 mies and Rebels under his Protedion, and likewife ftirred up many 
 Prelates of the Kingdom to foment Rebellion. On the other hand 
 Honorius^ leeing the Bifhops expell'd, and others put in their Places 
 by Frederick, and the Churches tax'd, complain'd loudly of him, for violating the 
 Immunity and Liberty of the Church, which after his Coronation he had Avorn to 
 maintain, and for that end had eftablifh'd many Conftitutions. He likewife ex- 
 claim'd againft him for afluming the Authority to give Indudlion to Prelates, and 
 turn out thofe he had made j whereupon he fent his Legates to him, to get them 
 reftor'd to their Sees. 
 
 BUT Frederick anfwer'd them, That it had been always in the Power of Princes 
 to drive fuch Prelates as they fufpected and could not truft, out of their Dominions ^ 
 and that from the Time of Charles the Great, it had been lawful for the Emperors 
 to give the Inveftiture of Bifliopricks with the Ring and Mace, and that it was 
 an antient Prerogative of the Kings of Stctly, likewife to give Inveftiture, and 
 their Affent ; that this Prerogative could not be impair'd by Innocent III. though 
 he had done fo during his Minority, and the Reign of his Mother Conflaiitia • and 
 that he would fooner part with his Crown, than quit a Jot of his Right '. 
 
 O N the other hand the Pope wrote a very fmart Letter, recorded by Piiro *, 
 to all the King's Minifters in Sicily, not to fuffer Taxes to be levied upon the 
 Clergy and Ecclefiaftical Perfons, but to let them enjoy the fame Immunity that 
 they had in the Time of William II. Some write, that amidft thefe Diiputes, 
 Frederick, before he went to Sicily, held another Parliament in Melpbis, and that 
 he caus'd the Volume of his Conftitutions, by his Order, colledled by Pietro delie 
 Vigne, to be publifli'd there. And indeed by the Date, they would feem to be in 
 the right ; for in the vulgar Edition, the Date is thus, A^tm in [olemni Confiftorio 
 Melfienfi, Anno Dominica Incarnationis M. CC. XXI. But becaufe Riccardo da 
 S. Germano makes no mention of this Parliament held in Melpbis this Year, but 
 fays, there was one held in that City in the Year M.CC.XXXl. where thefe Con- 
 ftitutions were eftablifh'd, therefore we forbear to fpeak of this Colledion till the 
 Time a{nG;n'd by Rzcc^j-^o, when we fhall clearly prove, that it was not made this 
 Year, and that by an Error of the Printer, 1221 has been put for 123 1. 
 
 'TIS true, he publifh'd feme of his Conftitutions this very Year, but not in the 
 Parliament of Melpbis, but in that which he held at Mejfina, after he had fettled 
 the Affairs of Piiglia, which were likewife inferted afterwards in that Volume by 
 Pietro dclle Vigne, together with thofe he publifh'd in Capua, and others eftablifh'd 
 elfewhcrc on various Occafions, of which we fliall treat at large, when we come to 
 difeourfe of this CoUedion. 
 
 ' Faz/el. dec. 2. llb.S. c. i.fol. 448 
 *■ Pino in G'lvon. Ne Clericos, & EcdeH 
 cas' Pcilbnas tribucorum crogatione 
 
 Iren 
 Wi 
 
 renr, fed immunes eos liabcrenr, ut ollm fub 
 ilklmo II. 
 
 AFTER
 
 Book XVI. the Kingdom of N A P L E S. 67^ 
 
 AFTER Frederick hnd put an end to this Parliament in jSleffma^ he went to 
 'Palermo, where he ordered a general Tax, 'viz. The Twentieth Part of the 
 Revenues of Ecclefiafticks, and the Tenth of thole of Laitks to be levied o\er 
 all his Dominions, not out of Avarice, as has been unjuftly laid ro his Charge, but 
 for the Relief of the Holy Land, cfpccialiy Ddiaiat.'.^ which was clofely befieg'd by 
 the Soidan of Egypt. He lent the Money thus coUefted by Gualtieri della Paglian?.* 
 and Erf'ico Count of Mi'.lt:'., High Admiral of Sicily, but after they had arri\'d at 
 DawtatJ, that City, which had coft lo much Labour to conquer it, by the ill 
 Condudl of the Cardinal Pelagius, and all the other Princes of the Chriftian Arm^' 
 was loft, and Ihamefully reftor'd to the Soidan of Egypt, which fo inrag'd Frederick 
 againrt the High Chancellor and High Admiral, who had conlented to i^o i^^nomi- 
 nious a Surrender, that he imprilbn'd the Count, and ftripp'd him of all his 
 Lands and Offices, and the Chancellor fled to Venice, where, perhaps, he died in 
 Exile, fince there's no more mention made of him in the Writings of thele Times. 
 Dommco di Gtifaiaii, who was afterwards Sainted, died at this very Time in 
 Bolog)ia. 
 
 IN the Month of February of this Year 1222, while Frederick kept his Court 
 in Catania, the Pope receiv'd the News of the Lofs of Damiata, upon which he left 
 Kome and went to Anagiiia, and, according to his ordinary Cuftom, began to 
 inveigh bitterly againft Frederick, that he had, contrary to the Rights of the 
 Church, tax'd the Ecclefiafticks, turn'd out the Bifhop of Averfa, lawfully elected, 
 and put in another of his own Head, and had done the fime in Salerno and Cipua : 
 That by his dela)ing to go to the Holy Land, as he had vow'd, the Chriftians had 
 loft Damiata, whereas if he had been there, that City would not have been {o 
 difgracefully loft. Frederick refolving to clear himfelf from thefe Acculations, left 
 Sicily, and went to meet with the Pope, who had gone to Vcruli, where they con- 
 verfed together for Fifteen Days running, and after they had made up Matters 
 betwixt themfelvcs, they appointed a general Meeting of all the Princes in Verona^ 
 in order to concert how to fend Relief to the Chriftians in Paleftine ; Frederick 
 promis'd anew to go thither in Perfbn with a powerful Army, betwixt that and a 
 certain prefix'd Day, without fail. 
 
 MATTERS thus fettled with the Pope, Frederick went to Puglia, and after 
 he had fettled the Affairs of that Province, he was forc'd to return in all Hafte to 
 Sicily, where the Saracens had rebell'd ^ and while he was gallantly defeating thefe 
 Rebels, the Emprefs Conftantia died in the City of Catania, after ihe had born Two 
 Sons to him, Henry, and another nam'd Giordauus, who died young '. 
 
 THE Emperor Frederick, who, at this Time, was only 25 Years of Age, 
 being left fo young a \\'idower, got his only Son Henry, then in Geritiany, to be de- 
 clar'd his Succeftbr, and crown'd King of Gerin:iny in Aix la Chapelle ; and Bzovius 
 fays, that Frederick haften'd this Coronation, becaufe Damiata being loft, the Pope 
 was very prefling upon him to go to the Holy Land ; and therefore he made hafte 
 to have his Son married to Margaret, Daughter of Leopold Archduke of Aufiria. 
 
 AFTER Frederick had triumph'd over the 5rfi-iTff;/j, and M/r^^to their Leader, 
 he return'd to Piiglia, where he receiv'd frefh Complaints from the Pope, becaule 
 the Officers rais'd Contributions from the Churches and Ecclefiafticks ^ which ib 
 offended Honorius, that he fent the Prior of St. Maria la Nuova to the Emperor, 
 to forbid it. Frederick mo\*d by the Pope's Requeft, wrote to his Officers, ordering 
 them to tax the Churches and Ecclefiafticks no more. 
 
 * ZuritaAnnal. de Aragon. Catansemoiitur, in Panorml ^de Maxima fepelltur. 
 
 S L CHAP.
 
 6/4 ^^^ Civil History of Book XVI. 
 
 ^^ 
 
 <rvr-3r^ <^3P (^y:> <^^ <?^'fVa <rYP2^^ cvo^io c^'Vi GVT-fVQ 
 cMG-j^j) zfi^-jys CA,^ c\,.T^s c/jj-ijAi) caj.jas otsjAi) eC-jAvS cC-J^s 
 
 CHAP. II. 
 
 The U?iion of the Crown of Jerufalem to that of Sicily. 
 
 MONO other Titles wherewith Frederick was adorn'd as King of 
 Sicily (under which Name all the Provinces of the Kingdom of 
 Al^ples, as well as the Ifland of Sicily, were comprehended in theie 
 Times) that of King of 'Jerufalem was one ; whence his Succeflbrs, 
 as Kings of this Realm, claim that fpecious Title, and have the 
 Patronage of the Temple of that City, and the Sepulchre of our 
 Saviour ; the only and poor Remains that are left us, fince that Kingdom became 
 fubjed to the 'itiirks. And feeing this Subjeft has not been handled with that 
 Dignity and Clearnefs it deferves, it will be necefTary to treat of it in a particular 
 Manner. 
 
 OUR Writers have mention'd two Unions of the Crown of Jerufalem with that 
 of Sicily. The firft was in this Year 122c, in the Perlbn of the Emperor 
 Frederick II. King of Sicily, by Right of Jole his fecond Wife ; which has the 
 better Foundation of the Two, as wc fhall prefently fhew. The other in the Year 
 1272, in the Perfon of Charles I. of the Family of Aiijou, by the Surrender of 
 Mary Daughter of the Prince of Antioch, which, as we Ihall fhew in its Place, as 
 its Foundation is not very clear, is not much regarded. 
 
 THE Kingdom of Jerufalem, after the Death of Baldwin, Brother of the 
 famous Godfrey of Boulogne, who was the firft that was cledled King thereof, in the 
 Year 11 19, came to Baldwin II. his Coufin German, who having no Male-I flue, 
 in order to fccure the Succeflion of that Kingdom to his eldcft Daughter Milfuda, 
 married her to Fulk Count of Anjou, who got the Title of King of Jerufalem in 
 the Year 1 1 3 5. 
 
 BALD IV IN III. his Son, fucceeded him, and afterwards his Brother 
 Amoricus. This laft left a Son, nam'd Baldwin IV. Thirteen Years of Age, who 
 reign'd Twelve Years ; Kaimond Count of Tripoli being Regent. 
 
 THIS Baldwin had two Sifters, but no Children. The elder Sifter was nam'd 
 Sibilla, and the younger Ifabella. Sibilla was married to JFilliam Marquis of 
 Monferate, and brought him a Son nam'd Baldwin. After IVtlliam's Death, 
 Baldwin IV. her Brother, King of Jerufalem, gave Sihilla in Marriage to Guido 
 of Lufignan, and likewife appointed him his Succeflbr; but afterwards doing 
 Jufticc to his Nephew, he chang'd his Mind, and caus'd his Nephew, call'd 
 Baldwin V. to be crown'd King, and made the Count of Tripoli his Tutor. 
 
 BALDIVINY. died foon after Baldwin lY. his Uncle, and left no Ifl'ue ; 
 whereupon the Count of Iripoli, and Guido of Lufgnan contended for the Crown ; 
 and Sibilla had the Intereft to get it for her Husband Guido ; which fo difgufted the 
 Count, that he kept a fecret Correfpondence with Saladin, Calif of £gypr, who, 
 by his Conquefts, having made himfelf Mafter of Egypt, Africa and Syria, and 
 declar'd \\ ar againft the Chriftians of Syria, came and laid Siege to I'lherias. 
 Guido King of Jerufalem came to relieve it ; but Neceffity forcing the Chriftians 
 to come to an Engagement, and the Coimt of Stcily deferting them, they were 
 defeated. The King oi Jerufalem was made Prifoner, and the Chriftian Army 
 intircly routed. The Reluit of this Defeat was the Lofs of almoft all the Kingdom 
 of Jerufalem : I'lberias and the other neighbouring Cities were taken : Acre, 
 
 Berytus,
 
 Book XVI. /^^ K I M G D o M 0/ N A P L E S. 675 
 
 Bcrytiis, and yifcalott were furrender'd, on Condition that King Giiido fliould be 
 fet at Liberty. At laft Saladm befieg'd Jernfalevi, and took it by Capitulation, ib 
 that the Chriltians iiad nothing left them in .^/>, but three Places, to wit, /Inttocb^ 
 Sripnli and Tyre. All thefe Misfortunes happen d to theChrillians in the Year 1187. 
 
 CO NKv-iDE Marquis of Moiifemts, after StbilLi's Death without Children, 
 married /yrf/WA? her Siller, in whole Right he claim'd the Kingdom n? Jerufjlem, 
 now loft, and refolv'd to defend the City of Tyre to the laft ; for T'ripoli had been 
 given to Baldwift Frince oi yliitiocb^ upon the Death of the Count, who died of 
 Grief, becaufe Saladin had betray 'd him, in not making him King of Jerufan^in 
 as he had promis'd. 
 
 The Pope and Princes of Europe^ feeing the deplorable State to which the 
 Chriftians of the Jiaft were reduc'd, prepar'd to go thither to their Relief ^ and in 
 ilic Year 11 88, the Crulade being refolv'd upon, the Kings oi France and England 
 in the Year 1190, fet out with their Armies, and after a profperous Voyage, arriv'd 
 in Palefiine^ fought SaLuiin^ and took the City of Acre. But the King of France 
 being much afBidted with a grievous Diftemper, refolv'd to return home, and leave 
 a Part of his Army in Paleftme ; and before he departed, he, together with the 
 King of England^ made up the Differences, whicli, to the great Prejudice of the 
 Chriftians, had arilen betwixt Guido of Litjjgnan, and the Marquis of Monferate, 
 about the Kingdom of 'ferufalem. According to fome Writers, it was decided thus ; 
 that Giudo.^ during his Life-time, ftiould injoy the Title of King of 'Jeriifalem^ and 
 that after his Death, the Marquis of Monferate, or his Children, ftiould have the 
 Crown. It was likewife determin'd that the Cities of Tyre^ Sidon, and Berylus 
 fhould remain to the Marquis. 
 
 THE Marquis of Monferate had no Sons by his Wife Ifabella, but only four 
 Daughters. The Eldeft was Mary, who was married to John Count of Brenna : 
 Alifa, the Second, according to Surnmontes, was married to Hugo King of Cyprus : 
 Sih'.lla the Third, to the King of Armenia ; and Melifina the Fourth, according to 
 the fame Writer, was married to the Frince of Antioch, to whom fhe bore Mary, 
 who, by Right of her Mother, claim'd the Kingdom of Jerufalem. 
 
 THUS were the Rights to the Kingdom of Jerufalem, tranfmitted to the 
 Pofterity of Ifahella Daughter of Amor/ens, and Sifter of Bald-juin IV. King of 
 'Jerufalem, and each of them fet up for thele Rights, but none of them for the 
 Pofleffion, becaufe the Kingdom was under the Dominion of Saladin. Among all 
 the Pretenders, John Count of Brenna, was thought to have the beft Title, who, 
 by Right of his Wife Mary, Jfabella's eldeft Daughter, took the Tide of King of 
 Jerufalem ; and by her had a Daughter nam'd Jole, or, as fome call her, Joalanta, 
 or Vicl.mta, who, on the Death of her Mother, had the beft Right to that 
 Kingdom. 
 
 AFTER the Surrender of Damiata, the Chriftian Army return'd from 
 Paleftine to Puglia, and together with them came Hermanus Salza, Great Mafter 
 of the Teutonick Order ', and went to wait upon the Emperor Frederick, and per- 
 fuade him to go to the Cunqueft of the Holy Land, and in order to get him to 
 confent, he propos'd to him, that now being a VV'idowcr, he ought to marry 
 Vtolante, commonly call'd Jole, a beautiful and genteel young Lady, and only 
 Daughter of John Count of Brenna, and the deccas'd Mary Queen of Jerufalem, 
 his Wife, whofe Heirefs Vtolante was, and inherited the Right to that Kingdom ; 
 which, with his own Forces, he would be able to recover from the Soldan, and 
 likewife conquer all the other moft fruitful Provinces of Egypt, poftels'd by a 
 daftardly People. The Emperor lik'd the Propofal mightily, and faid, That he 
 would gladly have the Marriage concluded: \\hereupon the Great Mafter took 
 upon him to manage the Matter, and went to Rome to wait upon the Pope, who 
 recei\'d him courtcoufly, and after various Difconrfes about the Affairs of Paleftine ; 
 Honorius ask'd him what was proper now to be done for the Recovery of thofe Holy 
 Places from the Bondage they were in ? The Grand Mafter, who wanted to have fuch 
 a Qucftion ask'd, presently anfwer'd. That the beft way was to get the Emperor 
 to be mterefted in thefe Dominions, by which Means, he would not only perform 
 the Promife he had given, but for his own Intcreft and Honour, would go thither 
 to make War ; and when Honorius ask'd, How that could be brought about ' he 
 
 • BofTioV Wftory of Malta , 
 
 anfwer d.
 
 ^76 7h Civil History of Book XVI. 
 
 anfwer'd, by marrying him to King Johns Daughter, and getting that King to 
 furrender the Right he had to the Kingdom of Jerufalem^ by virtue of his \\ ife, 
 to the limperor as a Portion with his Daughter : This Anfwer highly pleas'd the 
 Pope, who ask'd what Methods could be fallen upon to get both Parties to conient 
 to this Marriage ; the Grand Maftcr anfwer'd, That he might write to the King, 
 and Fr. Gucrino de Montagu^ with whom the King advis'd in all his Affairs, and invite 
 them to come to Rome, for that he had an important Matter to impart to them, 
 concerning the Conqueft and Defence of thofe Countries ; and upon their coming 
 he might perluade them to confent to the Marriage, and that he himfelf would 
 infallibly get the Emperor to agree to it. This at firft ftartled the Pope, left the 
 Abfcnce" of Two luch Perfonages might be of dangerous Confcqnence to PalejHne i 
 but the Great Mafter affur'd him that no fuch thing could happen, becaufe of the 
 Peace lately concluded with the Soldan,. whereupon the Pope wrote immediately to 
 the King and Fr. Guertno to come to Kome^ becaufe he had Matters of great Con- 
 lequence to impart to them concerning, the Holy Land. Upon Receipt of thele 
 Letters, King John.^ in Obedience to the Pope, prefently imbark'd, together with 
 the Patriarch of Jenifalern^ and the Bifhop of Bethlehem^ and in a fliort Time 
 arriv'd at Ro;w, and waited on the Pope, who receiv'd him gracioufly, and after 
 fome Difcourfe about the Marriage, the King confented to it ; of which the Great 
 Mafter having acquainted the Emperor, he forthwith left Sicily^ and came to 
 St. Germavo; from thence at the Invitation of fome Cardinals, he went toCampagua 
 di Roma, whither the Pope came (hortly after, and they met in Fereutnio, where 
 all Differences were made up, and the Marriage concluded, the Emperor folemnly 
 promifing, in prefence of the Pope, the Cardinals, and the Great Mafters of the 
 Hofpitalers and fentciiicks, to take Jole to Wife, with the Rights to the Kingdom of 
 Jerufakm as her Portion, and within two Years to go with a powerful Army in 
 order to conquer the Holy Land. That this Marriage was thus concluded, not 
 only Bzoviiis, and Riccardo da S. Germano, but likewife Homrius, in one of his 
 Letters to Philip King of France, exhorting him alfo to go to the Conqueft of the 
 Holy Land, witnefleth. 
 
 THE Marriage being thus concluded, it was immediately order'd, that Jole 
 Ihould be condudied from Paleftine to Italy, and King John went to Spain to vifit 
 the Church of the Apoftle St. James in Galicia, where he married Berengaria 
 Dauo-hter of Alphonfiis IX. King of Leon, and return'd through France, where he 
 had great PofTefTions, to Vienna his native Country ; and Frederick left Ferentmo, 
 and return'd to our Kingdom, and by the Way of Sora went to Celano, from thence 
 to Puglia, and after a IhortStay in Bari, he fail'd again for Sicily. 
 
 THUS then did King John of Brenna, who, for 27 Years, by Right of Queen 
 
 3Iary his W^ife, had injoy'd the Title of King of Jerufalem, but without Dominions, 
 
 (for the Holy Land was already lubjedted to the Soldan of Egypt') give with his 
 
 Daughter Jole the Title and Rights of that Kingdom to the Emperor, and his 
 
 lawful Heirs, whence the Kings of Sicily are alfb call'd Kings of Jerufalem. 'Tis 
 
 true, Frederick did not begin the fame Year that the Marriage was concluded, to 
 
 intitle himfelf in his Diplomas and other Writs, King of Jerufalem, but in the Year 
 
 1225, when Jole came to Italy, and the Marriage was celebrated with great Pomp, 
 
 and confummated in Brtndifi, he began to take that Title, and would be crown'd 
 
 with the Crown of that Kingdom ; and befides, he would have the Lord of 'Tyre, 
 
 and many other Barons of Paleftine, who had accompanied King John, to fwear 
 
 Fealty to him, and he fent the Bifhop of Molfetta with two Counts, and 300 
 
 Sicilian Soldiers to Ptolemais, to receive in his Name the wonted Homage and Oath, 
 
 and confirm Hugo dc Montbeliard a French Gentleman, Viceroy and Governor of 
 
 that Kingdom, whom King John had left in the fame Station j ib that, according 
 
 to Inveges, Frederick in his Diplomas took the Title of Rc.\ Hierufalem. But it is 
 
 not true, as the fame Author fays, that Frederick, for two Reafbns, always preferred 
 
 this Title to that of Sicily, firft for the Honour of that Holy City ; and iccondiy, 
 
 becaufe the Crown of Jerufalem was more antient, than that of Sicily ; in which 
 
 he's in the Right (if we go not fo far back as the Times of the antient Tyrants of 
 
 that liland) for Jerufalem had the Title of Kingdom from the Time of Urban II. 
 
 in the Year 1099, when Godfrey of Boulogne conquer'd it ; and Sicily got that Title 
 
 in the Year 11 30, in the Time of Roger the firft yorman King, as we have told in 
 
 the Eleventh Book of this Hiftory ; but we fee the contrary in many Diplomas, 
 
 wherein
 
 Book XVI. z/:)^ K I N G D o M 0/ N A P L E S. (>77 
 
 wherein the Title of King of Sicily is plac'd before that of Jerufakm ; particularly 
 in the Proem to our Coujiitiiticus, where the Titles are read thus : Italict;s, Sicttlus^ 
 Hierofolyniitauiis. Whence our Kings quarter the Crols of Jerufdkm in their 
 Arms, and juftly value themlelves upon that Prerogative. 
 
 BUT Stephoi, a Monk of Ltijigiiau, in his Chronicle of Cyprus, fets up the 
 Kings of Cypt7« in oppofition to thole of i'/a/y, and will have it, that the Rights to 
 the Kingdom of Jernfalem belong to thofe as nearefl Heirs ; and fays, that for that 
 Reafon, the Kings of Cyprus were wont to be firfl crown'd Kings of Cyprus in 
 Nicofta, and afterwards Kings of Jerufalem in Faniagufia ; but he is very widely 
 iniftaken, for 'tis very clear from the Genealogy of the Kings of Jerufale-.n^ that 
 Queen Mary the Mother of Jole, was the nearcft Hcireis, as the eldefl: Daughter of 
 Jjabella the Daughter of Amoricus King of Jerufalem. 
 
 SECT.!. 
 
 Frederick ttwifports the Saracens oat of Sicily to Lucera of Puglia, aul 
 
 Luccra de Pagani. 
 
 THE Emperor F)*(?^mf;&, taken with the pleafant Situation of Naples, refblv'd 
 to raife that City above all the others of the Kingdom of Puglia. Thofe 
 who will not huve King IVilliam to have built Cajicllo Capuano in Naples, lay, that 
 Frederick was the Founder of it in the Year 1223, and pretend, that Caftello dell* 
 [/(mo, and Cajfello di S. Eramo only, were built by the Normans. This Prince was 
 the firft that laid the Foundation of the Growth of Naples, w^hence in procefs of 
 Time, it became the Head and Metropolis of a noble Kingdom, and rais'd itfelf 
 above all the other Cities ; for the Year following 1224, he founded an Univerfity 
 there, and invited Scholars to it, not only from the other Provinces, but even from 
 Sicily, which, as welhall Ihewby and by, contributed much to the Increafe of the 
 Inhabitants. 
 
 THIS Year 1223, Frederick was at War again with the Saracens of Sicily, 
 befieg'd and fought them in leveral Places, for difturbing the Quiet of the Kingdom, 
 and after he had fubdu'd them, he did not think fit to let them continue any longer 
 in that Ifland, as being too near to Africa, from whence they frequently got Succours, 
 but tranfported a great Number of them to Puglia, and aflign'd them the City of 
 Lucera for a Habitation, and this was the firft Colony of Saracens that came from 
 Sicily to Lucera. The lecond came in the Year 1247, when Frederick caus'd the 
 milerable Remains of them to be tranfported from Sicily, to the other Lucera, on 
 that account call'd dc Pagani ; the firft Colony, in procels of Time, having; 
 poflels'd themlelves of all Japygia, now call'd Capitanata, opprels'd the People of 
 that Province, by their licentious Way of living ; Frederick, and after him ;l/;?«/iv^, 
 wink'd at them, bccaule, as brave Soldiers, they made ufe of them frequently in 
 their Wars with the Popes, and other Lords and Cities of Italy ; till Charles I. of 
 Anjou, after he had got PolTenion of the Kingdom, by a long W^ar, and powerful 
 Armies, expell'd them altogether, as we (hall fliew in the Progrefs of this Hiftory- 
 
 S M CHAP
 
 6j% 
 
 Tlje Civil History of 
 
 Book XVI. 
 
 CHAR III. 
 
 Of the Utiiverjity of Naples, injlitnted hy Frederick. 
 
 AP LES being a Greek City, had Schools from the Time it was firft 
 founded, where good Learning was taught ; Frederick this Year 
 1 1 24., rcftor'd thefe Schools, and turn'd them into the Form of an 
 Academy. He was not the firft Founder of Schools in Naples, as 
 ibme have believ'd : He only inlarg'd them, and put them into a 
 more noble Form, and of private Schools, for the Ufe of the City 
 alone, made them an Univerfity for all the Kingdom of Sicily, and chofe Naples for 
 a Nurfery to all the Youth, both of our Kingdom and that of Sicily. 
 
 SEVERAL Reafons mov'd this wife Prince to eredt this famous Univerfity 
 in Naples, as he himfelf in his Letters, which we read in Pietro dells Vigne, his 
 Secretary and Counfellor, teftifies '. Firft, bccaufe that City was always efteem'd 
 the antient Mother and Nurfery of Learning • lecondly, becaufe of the Sweetnels 
 of its Climate ; and laftly, becaule it was fituated in a convenient Place, in the 
 Neighbourhood of the Sea, where both by the Fertility of the Country, and 
 Commerce by Sea, all Things neceflary for human Life were in Plenty, and whither 
 Youth could be brought either by Sea or Land. 
 
 KICCAKDO da S. Germano, a Contemporary Writer, tells us, that Frederick,, 
 in the Month of July in the Year 1224, inftituted this Univerfity, and for that 
 End difpatch'd Letters over all the Kingdoms of Sicily and Pv.glia : Menfe Julio, 
 fays he, pro ordinaudo Studio Neapolitano Jniperator ubique per Keg7iiim mittit literas 
 genera les. We read fome of thefe Letters in the Six Books of Letters, written by 
 Pietro delle Vig^ie, in which w-e have an Account of the Form of this Univerfity, and 
 of the many Privileges beftow'd on it. Firft he chofe the brighteft Men to be 
 Profeffors in all Faculties, and appointed them large Salaries, and he invited Pro- 
 feffors from remote Parts, and forbid them to teach in any private School, either 
 within or without the Kingdom, but only in this Univerfity ^ Among others, he 
 invited, and fettled large Salaries upon two notable Men Majlers (for Mafter at that 
 Time was the ftme as Do6lor now a-days) Petrus d'lhernia, and Robertas di Varavo, 
 whom Frederick himfelf calls, Civilis Scientia Profejfores, Magnce Scientia, mtce' 
 'virtutis, y fidelis experieiitia ' : And that nothing might be wanting, he likewife 
 invited other Profeffors of all Arts and Sciences, as he Ikys in his eleventh Letter : 
 In prims, quod in Qvitate prcedi^a Dolores, B Magiftri erunt ip qualibet facultate. 
 
 BESIDES Profeflbrs of Law, he alfo appointed Profeffors of Divinity ; 
 and thofe he chofe either from among the Monks of the Monaftery of Monte 
 Cajfvio, at that Time famous for Learning, or from thofe of the Orders of 
 St. Dominick, or St. Francis, Two Orders lately fprung up, which had acquired 
 great Fame both for their Sandlity and Learning. And when, by reafon of the 
 Faclions, which, in the Year 1240, thefe Monks kept up againft Frederick, on 
 account of the Differences betwixt him and Gregory IX. he was oblig'd to banifli 
 them all out of the Kingdom, as Difturbers of the publick Peace ; in order to 
 make up the Lois of thele Profeffors of Divinity, he wrote a Letter to Era/hius a 
 
 Lib. ;. cp. IC; II, li 5; 13. 
 
 Lib. 3. ep, 11. 
 
 Lib. 3. cp. 10 Sv 11. 
 
 Monk
 
 Book XVI. the Kingdom of NAPLES. 67^ 
 
 Monk of Ca£ino, and Profeflbr of Divinity there, inviting him to come to Naples 
 to fupply that W ant. This Letter is ftilJ preierv'd in the Library of CaJJino, and 
 is recorded by the Abbot of Noce ', and bears this Infcription : Homjitjfuno S 
 feritijfiwo 'viro M.igtjho Herafiuo Mouacho Cajmenfi 1'beologiex Scieutiue Profeffori : 
 Univerfitas Do£iortim, & Scbolaritim Neapolitani Studti Salutem, S optatx jxliatatts 
 atigmenttwi. 
 
 THIS Univerfity had likewife Profeflbrs of the Camn Law -, and Suvmontes 
 fays. There is a Writ in the Royal Archives of Naples, in the Rcgifter of the 
 Emperor Frederick II. which mentions the Inflitution of this Univerfity, which 
 begins thus : Scriptum eft Clero, Baronibiis, Militibtts, Bajulis, Judtctbtis, S 
 Um-verfo Poptilo Neapolitano ; wherein, among other Things, 'tis ordain'd. That no 
 Perfon born in the Cities of Lcmlardy, that had lately rebell'd againlt him, fhould 
 be receiv'd in this Univerfity. Among the other Dodors which he invited, Barto- 
 lonieo Pignatello of Brind'tfi, a famous Canonift, was one. 
 
 FKED EKIC K likewife provided this Univerfity with Profefibrs of Phyfick ^ 
 fo that Naples began to vie with the College of Phyficians of Salerno, and he ordain'd 
 by a Conftitution % that none (hould prefume to teach Phyfick or Chirurgery, in 
 any part of the Kingdom, except in Naples or Salerno ; and that none fhould 
 receive a Degree in Phylick or Surgery, before they were examined by the Phyficians 
 of thefe Two Univerfities ; and that after thefe Phyficians had given their Letters of 
 Approbation, they fhould not pradife Phyfick till they were prefented to his Officers 
 and Profeffors of that Art, deputed by him for that Effedt ; and however qualified 
 and fit they were declar'd to be, they fhould not pradtife without the exprefs Licence 
 of the Prince, or in his Abfence, of his Viceroy '. W hence Liica di Penna, and 
 Agnello Acratnone have written, that formerly our Kings alone licenfed Phyficians*. 
 According to Andrea d'Ifernia ', this was alter'd by the fucceeding Kings, who 
 order'd, that thofe who had a mind to take the Degree of Dodlor, fhould prefent 
 themfelves before the Perfon appointed by the King to have the Infpeftion of the 
 Univerfities ; and at this very Day in Naples, the Power of conferring the Degree of 
 Dodtor of Phyfick, or of other Profeffions, is lodg'd in the High Chancellor of the 
 Kingdom; but in Salerno, the Power of conferring the Degree of Dodor of Phyfick 
 belongs to the College of Phyficians ; whence the Univerfity of Naples, has not, 
 like other Univerfities o£ Europe, Power to confer the Degree of Dodtor, but only 
 to gi\e Letters of Approbation, the King having referv'd that Prerogative to him- 
 felf, and deputed the High Chancellor, to exercifeit in his Name. 
 
 FREDERICK, befides having provided this Univerfity with Profeffors of 
 all Faculties, and granted them Power to give Letters of Approbation to thofe 
 who had a mind to take Degrees, likewife endow'd it with many noble Privileges, 
 both with refpedt to the Perfons of the Profeffors, and Scholars. 
 
 I N order to render this Univerfity more famous and numerous, he ordain'd that 
 none but Profeffors fhould teach there, and that no Scholars fhould go to any City, 
 either of this Kingdom or of Sicily to be taught, but to Naples only *. He was fb 
 nice and pofitive in that Point, that when by the fevere Prohibition of all Schools 
 in any other Part of the Kingdom, the Jiifticeof Terra diLavoro doubted, whether 
 Grammar Schools were comprehended in the Edidt ; Frederick in a Letter, which 
 we likewife find in the Six Books of Letters of Pietro delle Figne^, declai-'d they 
 were not. 
 
 H E alfo granted to this Univerfity, and to the Doctors and Mafters thereof, 
 Jurifdidion and Power to take Cognizance of the civil Caufcs of the Scholars, as 
 we read in that Letter, which he diredted to the Scholars themfelves, inviting them 
 to this Univerfity : Item omnes Scholares in civilibus, fitb eifdem Doiloribiis, ^ 
 Magi/iris debeant cowveniri *. And in order to make it the more niipnerous, he com- 
 manded ail the Governors of Provinces, to oblige, under fevere Penalties, all the 
 Scholars within their Jurildictions, to come and fludy in Naples, and not to go to 
 
 ' Abb. de Nuce in notis in Prolog, lib. 4. 
 Chron. Caff. 
 
 * Conftitut. in Terra quallbec. 
 
 ' Conftitut. Utilitati. Gloli. & Affl. in difta 
 Cnnftitut. 
 
 * Luc. dc Penna in 1. contra publicam, col. z. 
 
 r. dc re mlllt. lib. ii. Arcamon. in did* 
 Conftic. 
 
 ' Andr. de Ifcrn. in difta Conftit. Utilitati. 
 
 * Lib. ;. ep. 1 1. BclblJ. in dilFcrt. de jure 
 Academ. cap. 2. in fine, 
 
 ' Lib. 5. ep. I?. 
 
 *Lib. ;. ep. !»• 
 
 any
 
 686 
 
 ^he CivtL History oj 
 
 Book XVI. 
 
 any Place elfe, either within or without the Kingdom '. He likewi(e fent exprefs 
 Orders to the Lieutenant of Sicily, to invite all the Youth of that Ifland to come and 
 ftudy in N^rples, where they fliould enjoy many Privileges, Franchiles, and Immu- 
 nities \ And in the Year 1226, when Boh^iia rebell'd againft him, he order'd, 
 that all the Scholars there fhould go to ftudy in Naples or Padua ; and in the Year 
 1233, this Univerfity having fuffer'd very much, by reafbn of the Broils that happen'd 
 in the Kingdom on account of the Differences betwixt Frederick and the Pope j which 
 Frederick made up, and reftor'd them to their former State K 
 
 THIS Prince, in order to encourage Youth in the Study of Learning, granted 
 the Scholars many Privileges. He declar'd that he would take them under his par- 
 ticular Care and Protedion, and that both on their Journey to, and Stay in Naples, 
 thcv ftiould be well treated, and no wife molefted in their Perlbns or Goods; that 
 they fhould have the beft Lodging in the City at eafy Rates ; that Money fhould be 
 lent them for their neceffary Occafions ; that they fhould be furnifh'd with Grain, 
 Wine, Flefh, Fifh, and all other NeccfTaries of Life, at the fame Price with the 
 Neapolitan Citizens; and befides thefe Privileges, which we read in one of his Letters 
 recorded by Pietro delle Vtgne in his third Book *, Frederick made many other Provi- 
 fions for this Univerfity, of which, as occafion offers, we fhall make mention. Man- 
 fred his Son followed his Example, and we read fome of his Letters in Baluzim % 
 where he fhews how much he had at Heart to provide this Univerfity with able Pro- 
 feffors, in order to make Learning f^ourifh. 
 
 AFTER Frederick had inftituted fo illuftrious an Univerfity in this City, and 
 brought the Scholars of both the Kingdoms o? Sicily to it, Naples began to raife its 
 Head above all the other Cities of thefe Provinces ; and this was the firfl Step 
 towards its becoming the Metropolis of the Kingdom. 
 
 THIS renown'd Prince, during his frequent Rcfidcnce in Naples, added many 
 other Advantages to it ; for his Hi^b Court, in thefe Times the fupreme Tribunal, 
 where the moft weighty Cafes are decided, made this City to be much frequented j 
 and though in his Time this Court had not acquir'd that Superiority over all the 
 other Courts of the reft of the Cities of thefe Provinces, as that all Pleas could be 
 brought before it by way of Appeal, yet it had the Power of judging Criminal and 
 Peodal Caufes, High Treafbn, &c. (as we fee eftablifh'd in his Conftitutions) of 
 Avhich the other Courts were not competent Judges. 
 
 THIS Prince likewife gave more Judges to Naples than to the Cities of other 
 Provinces; for in them there were only three Judges, and one Notary, but Naples 
 and Capua in this Kingdom, had five Judges, and eight Notaries, as MeJJiua in 
 Sicily had. 
 
 ' Lib. j.cit. ep. II. 
 
 * Lib. ;. ep. 12. 
 
 ^ Ric S. Germ. Studium, quod Neapoli per 
 Imperatorem Sratutum fuerat, quod extitit tur- 
 batione inter Ecclefiam & Impcrium fecuta,pcnU 
 
 tus diflblutum, per Imperatorem Neapoli refor- 
 matur. 
 
 * Lib. ;. ep. II. 
 
 ' Baluz. Mifccllan. ^ag. 48;, 484, 48f, 486, 
 8c 487. V. Nicod. in Blbliot. Top. v. Manfred! . 
 
 CHAP.
 
 Book XVI. the Kingdom of NAPLES. 
 
 ^1^ 
 
 CHAP. IV. 
 
 Of the Lawyers who flour ifjj d amongfl us in thefe Times. 
 
 ,APLES became likewife famous by the knowing and learned 
 Lawyers and Judges of the High Court ; particularly Pietro 
 delle Vigne, 1'addeo da Sejfa, and Roffredo Beneventauo, famou s 
 Lawyers in thefe Times, added much to its Glory. Among 
 Frederick's Letters we have one written to Roffredo, inviting him 
 to go immediately to Naples, to take the Charge of his Court, 
 of which he had chofen him Judge '. And Kiccardo da S. Gcr- 
 niano * fays, that Frederick employ 'd this Lawyer in his moft 
 weighty Affairs, he having fent him to Rome to bear him out againft the Ccnfurcs 
 which Gregory IX. had thunder'd out againft him. Thus from this Time Naples^ 
 on account of the Excellency of its Univerfity, its famous ProfeflbrSj the Tribunal 
 of the High Court, and its learned Judges, began to be diftinguifh'd above all the 
 other Cities of the Kingdom ; and Charles I. of the Family cfyJuJou, chofe to fix 
 his Royal Seat there ; ih that being the Head and Metropolis of all the other Cities, 
 in procels of Time it came to be what we now look on with Admiration. 
 
 HERE we have the Reafbn, why, in our Kingdom, the Loiigobard Laws he<i2n 
 to give way to the Roman, and by Degrees, in the following Centuries, to be dil- 
 us'd and forgotten ; for the Pandedts, and the other Books o? Jufiinian had already 
 got footing in the other Univerfities of Italy, fuch as Bologna, Padua, and others, 
 and were publickly taught there ; and the Profeflbrs, enamour'd with the Elegancy 
 of the Stile, and the Wifdom of the Laws, flighted the Lougobard Laws as bar- 
 barous, and applied themfelves to the Study of the Roman Law ; (befides chofe 
 Lawyers who flourifh'd in the Time of Frederick I. Acciirfais a Florentine, and many 
 others were famous in the Time o( Frederick II.) the fame was our Cafe after Frede- 
 rick eftabiifh'd the Univerfity in Naples, for the ProfefiTors thereof explain'd Jnlli- 
 nians Books in the Schools ; from whence they crept into the Tribunals, and the 
 Judges being bred up in thele Schools greedily efpoufed thefe Laws, and thus by 
 piece-meal the Roman Laws began to get Footing, and have the Authority and 
 Force of Laws in the Courts of Juftice. Nevcrthelcfs the Longobard Laws were 
 not quite laid afide, for Andrea Bonello da Barletta, Attorney-General to Frederick II. 
 compos'd a Treatifc concerning the Difference betwixt the Longobard and Roman 
 Laws, of which we have treated at large in the Tenth Book of this Hiftory. 
 
 THERE flourifh'd with us in this Age, befides Andrea Bonello, other famous 
 Lawyers, according to the Times, and we have yet the Reniains of fbme of their 
 Works ; but as for Petrus d' Ibernia^ Roberto da Varano, and Bartolommso Pignatcllo, 
 ProfcfTors of the Civil and Canon Laws in the Univerfity oi Naples, we have no 
 other account of them than what Frederick himfelf gives us, that they were Civiits 
 Sctentix Profejfores, magna Scientix, notx virttitis, (3 fidelis experientix ». 
 
 EVERY Body knows, that the famous Pietro delle Vtgne of Capua, was a noted 
 Lawyer ia thefe Times ; and that for his great Learning, Wit, and Eloquence, 
 
 ■ Lib. ;. epift. 3i. 
 
 * Ric. anno 1217. Tunc prudentem vifom 
 RofFredum de Benevento mint ad Urbom cum 
 •xcufktoriU fuii, quas ident Magifte* publico 
 
 legi fecit in Capicolio dc voluntate Scnacu?. 
 Populiquc Romani. 
 * Lib. :}. cplft. n. 
 
 8 N 
 
 thoujh
 
 6%i The Civil History of Book XVI. 
 
 tb.ouph born of mean Parents, he was rais'd by Frederick to the firfl Honours of the 
 Kingdom, fuch as Privy-Counfellor, Secretary of State, Judge of the High Court, 
 Protonotary of the Empire, and Lieutenant of both the Kingdoms o( Pug! /a and 
 SiCtly ; and, which is more, was let into all the Secrets of his Prince. The (Sennmis 
 have endeavour'd to rob us of this famous Lawyer, by making him a German, and 
 not a Capuan (as the French afterwards claim'd Luca di Pemia as their Countryman) 
 and Joannes Trithcmius is pofitive in it ' ; perhaps he was deceived by his Surnr.me, 
 which he believ'd was taken from Vtgna, a famous Monaftery of Stie-via, near 
 Ravenfpurg. But nothing is more clear, than that he was born in Capua, as is 
 manifeil from his own Letters % and from one written to him by the Chapter of 
 Capua, which is infertcd in the fix Books of his Letters ^ 
 
 H E was moft skill'd in the Roman Laws, and altogether intent on reftoring them 
 to their antient Splendor, whence in thefe Provinces the Study of the Pandeds and 
 the Code began to be lik'd, and the Laws contain'd in them to be quoted in the 
 Courts of Juftice. Frederick himfelf Ipeaks thus of them ■♦ : Nam /eg^a armatus 
 peritia, Digejia digertt, & Codicis Scrv.pulofitates climat. Whence, by our modern 
 Authors, he is repiited one of the moft learned and able Lawyers of the Times, 
 which Character M^tteo d'JjSl'tto and others give him K 
 
 ON this account, Frederick intrufted him with the Colledlion of the Conftitutlons 
 of our Kingdom, of which more hereafter ; and he employ 'd him in the moft weighty 
 and difficult Affairs of State, whence Dante in his Comedy introduces him fpeaking 
 thus : 
 
 Of Prederick'j Heart both the Keys I keep, Ike. 
 
 BESIDES the Books of our Conftitutions, he compos'd fix Books of Letters, 
 both in his own, and his Mafter's Name, written in a very elegant Stile, according 
 to the Age in which he liv'd ; thefe Letters contain many ufefiil and valuable 
 Things, and give great Light into the Hiftory of thefe Times ; and Joannes Cufpuii- 
 antis, an excellent Hiftorian and Poet, fays, that almoft all Frederick's Adlions, and 
 the Hiflory of thele Times may be very diftindly gather'd from thefe Books j 
 whence the moft accurate and careful Hiftorians, fuch as 'Theodore of Nifmes, Nau- 
 clertis and others, not only quote them in defcribing Frederick's Exploits, but like- 
 wife in giving account of other Points of Hiftory. Thefe Books lay long negleded, 
 till Simon Scharditis brought them to light, and in the Year 1566. caus'd them to be 
 printed in Bafil, which Copies are now become very fcarce. 
 
 THIS Lawyer likewife wrote an Apology, intitled, De poteflate Imperatcris, ^ 
 Tapce, in Defence of the Rights of the Empire againft the Popes ; and 'tis faid, that 
 Innocent IV. took in Hand to confute it ". He made many Orations in Defence of 
 Frederick againft the Excommunications which the Popes thunder'd out againft him, 
 and among the reft a very learned and elegant one in Padua, on the Excommuni- 
 cation fulminated by Gregory IX. againft the Emperor. He alfb compos'd feme 
 pretty Italian Songs, which we read as yet with thofe of Frederick, and Entius his 
 Baftard Son, King oi Sardinia. 
 
 SOME believ'd him to be the Author of the Book De tribus Impojlcrihus ; 
 but that is falfe, and fo far was Frederick from employing him to compoie that Book, 
 that 'tis doubted whether ever fuch a Book appear'd in the World. 
 
 BUT the unhappy End of this renown'd Lawyer, is a clear Inftance of the In- 
 ftability of worldly Things, of which we fhall take notice hereafter in the Year 1 243. 
 
 IN thefe Times flourifh'd likewife T^^rfcf^o da Sejfa, who diftinguifh'd himfelf fb 
 much in the Council of LyoJis, and was alfb a famous Lawyer, and Judge of the 
 High Court, and as well as Pietro, was employ 'd by Frederick in the Affairs of State ; 
 but he left nothing to tranfmit his Memory to Pofterity : Which cannot be laid of 
 Roffredo Eptfanio da Benevento, who was a moft renown'd Dodor, and Judge of the 
 High Court under Frederick, and the moft learned of all that ever had bore that Office. 
 He compos'd many Treatifes, which in thefe Times much illuftrated the Law ; he 
 compos'd one De libellis, & ordine Judictorum, and di\idtd it in this manner : 
 L De Prxtoriis a£iionibus. II. De InterdiClts. III. De Edi&ts. IV. De Aulionibus 
 
 ' Jo. Trie. lib. de Script. Ecd. 
 '■ Lib. ;. cp. 45". 
 * idem, epift. 4;. 
 
 * Idem, epift. 4f. 
 
 ' AfF. in prxlud. Conftit. In princ. 
 
 * Simon. Schard. in vita P. de Vinejs. 
 
 eivilihiii.
 
 Book XVI. rZ?^ K I N G D o M 0/ K A P L L S. 68 ^, 
 
 ci-viltius. Y. De Officio Judicis. VI. Ds boncruui rnfjiffiouibwi. VII. T)i SeKjt:<s 
 iTjiifultis. VIII. De Couftitittioniius. In tlie late Editions there arc added, LiIhI- 
 loruiii opus in jus Ponrificium, ac quiiiqiia^inta qiiatiior Subbatinx qi!x/iic;:es. Befidcs 
 thefe Works, Bifhop Lips'.rulus ' in his Commentaries on Odofyedo, tells us, that 
 C.urwrarius the famous Lawyer had twelve large Volumes on the Civil and Canon 
 Laws, compos'd by Koffiydo, and were thought to be written with his own Hand, 
 which Cavjerariv.s v.as refolv'd to publifh. 
 
 KOFFKEDO, when a Youth, went to ftudy the I>aw in Eolnqiw.^ whither the 
 Fame of its Univerfity drew all the Youth oi Italy ; and he had for his Mafters the 
 thief Doctors of thele Times : The Firft, according to Odofredo, was R/,'e^/fr/, one of 
 the firft GloiTcUQi's of the Pandeds : He afterwards had ylzo^ Kilimms, Otho Papienjis, 
 and Cyprwutis, all of them famous Lawyers, as he himfelf in many Places declares. 
 After he had made a wonderful Progrels in this Study, in the Year 121 5. (as he 
 fays in the firft of his ^uxjliones SabbatinxJ he was invited to Arezzo to explain 
 the Laws. And finding that xhe^.xftiones of Pileiis, which were read in Bohg;i:i to 
 teach the Youth to plead, were of little ufe, he laid them afide, and refolv'd to ex- 
 plain to his Scholars fuch Qiieftions as daily occurr'd in the Courts of Juftice, and 
 becaule he made them to be recited every Saturday^ he call'd them ^.xftiones Sab- 
 Vatiux. Upon his Return to our Kingdom, in the Year 1227. Frederick chofe him 
 for his Advocate, and lent him to Koine on occafion of the' Difpute between him 
 and Gregory IX. His Fame became fo great in After-times, that upon the Faith 
 that Paptman was of BeueveiKo, he got the Name of the fecond Papinian. He was 
 buried in Beaeveuto, where, according to a late Writer of Samiio ', his Tomb is to 
 be fecn in the Church of S. Doniinick. 
 
 IN the latter Part of Frederick's Kt\gn Andrea di Capua his Attorney-General 
 flourifh'd, and was Father of Bartolommeo the great and famous Dodlor of his Time, 
 who, by his Virtue and great Parts, rais'd his Pofterity to that Grandeur which they 
 now polfels. 
 
 ' Lipar. in ufib. feud. In prsludils. 
 
 " Clarlant. lib. 4. cap. 14. 
 
 € gM i^ ^ i^ pM 4CS e^ 
 
 i! 
 
 '&^M\i 
 
 ■^M. 
 
 ^IgB*.! 
 
 '(iSgi^AjL^'iS^ 
 
 mw 
 
 ^m sPii 
 
 
 \^ 
 
 C H A p. V. 
 
 'pope Honorius III. prejfes the Emperor Frederick to undertake the 
 Expedition to the Holy Land, hut this Pope dies before it ixjas 
 put in Execution. 
 
 |F T E R Frederick had adorn'd Naples with (b famous aij Univerfity, he 
 
 was employ 'd in a War in Sicily, in order to extirpate the Saracens 
 
 Ci^ \ [^^ out of that Ifland ; for fupporting which War, he laid a Tax upon 
 €^^^-^^r^i^ the whole Kingdom, whereby he rais'd a vaft Sum of .Money ; for a 
 certain Urbano da Teano, his Colledlor, brought him 300 Ounces of 
 Gold from the Lands belonging to the Abbey of S. Beiicdtil alone, 
 a confiderable Sum in thefe Times for one Monaflery ; and becaule Honorius was 
 grievoufly offended, that the Churches and Ecclefiaftic.ks fhould be tax'd ; Frederick^ 
 with a Defign to pacify him, and have him for his Friend, dilpatch'd Letters to the 
 Juftice of 2?rm cU Lavoro, ordering him to exempt the Monks and Clergy, their 
 
 Land;,
 
 <<8^4 Th(^ Civil History of Book XVf. 
 
 Lands, Caftles, and Goods from all Taxes wliatfoever, as they were in tKc Time of 
 U'lllicv/i the Good^ his Coufin '. 
 
 BUT the War againft the Saracens ftill requiring more Subfidies, he was forc'd 
 to liv another Tax upon the Kingdom ; and to avoid giving Honorius Offence, he 
 crder'd the fame Sum of 300 Ounces of Gold to be levied out of the Lands of the 
 Ahhty oi S. Bcmdili^ but under the Name of a Loan, and not of a Tax. This 
 cunning Shift has been praclis'd fince by many Princes, in order to fliun Difputes 
 with the Popes, who, according to the Maxims then lately introduc'd, pretended 
 that Princes, even for the moft preding Occafions of their States, could not impole 
 Taxes upon Churches or Ecclefiafticks, as being contrary to the antient Dilcipline of 
 the Church, and not within the Regalia of Princes. 
 
 THE \ear following 1225. King John of Brenna, -whh Berengaria his Wife, 
 big wi;h Child, came from France to our Kingdom, and by the Emperor's Order 
 were honourably receiv'd in Capita^ where, in the Month of April Bercngaria 
 bro'.ioht lorth a Daughter, and from thence they both went to Melphis in Piiglui to 
 wait on Frederick^ who was Ihortly expected from Sialy. 
 
 FKEDEKICKf having left a great Army to carry on the W^ar againft the 
 S:iracs!!.':y came over to Pttglia ; and at the fame Time gave the Duke o( Bavarta 
 the Charge of the Affairs of Gerimwy, and of his Son Henry, who had been created 
 King of the Romans, and married to Jgnes of Auftria, and to whom his Father, 
 according to his Promife made to the Pope, had yielded the Kingdom oi Sicily. 
 
 1 N the mean Time Honoriiis being tormented with the Tumults and Revolutions 
 in Rome, occafion'd by Parenzo a Senator, left that City, and retir'd to SIto// % 
 whither Frederick fent King John, and the Patriarch of Alexandria, to ask a longer 
 lime than what had been allowed him for going to Paleftine, becaufe the Affairs of 
 the Kingdom, and the Rebellion of the Saracens requir'd it, and likewife becaufe he 
 was afraid, that the People of the Mdanefe and the Bolognefe in his Abfence would 
 raiie a Rebellion in Lomhardy. The King and the Patriarch got a favourable Anlwer 
 from the Pope, which they fignified to Frederick, who, on the 22d of Jidy, toge- 
 ther with the Prelates of the Kingdom, went to S. Gerraa^io '*, whither the pcpe ient 
 Pela'rio Cal'vano Cardinal of Albano, Giacomo Gttalla di Bicchaeri da Vercellt Cardinal 
 of S. Sylvefter, and Martino, to take his Oath anew, that he fhould go to the Holy 
 Land : Thefe Cardinals made him likewile read the Articles let down by Honorius 
 for that Expedition, which among other Things contain'd, that two Years there- 
 after which would be ended in the Month of Angtift 1227, he fhould go and make 
 War in Paleftine, and at his own Charges carry with him, to remain there for two 
 Years, a thoufand Soldiers, a hundred Cbelandri ", a Name of Ships us'd in thefe 
 Times and fifty Gallies weU-arm'd, and provided with all Neceflaries ; and that he 
 fhould tranfport in his Veffels other Two thoufand Soldiers with their Families, 
 reckoning three Horles for each Soldier, according to Riccardo da S. Germano. Fre^ 
 derick having heard thefe Articles, promis'd pundually to obferve them under the 
 Pain of Excommunication, in Prefence of many Prelates, German Lords, 
 and native Barons ', and caus'd Rinieri Duke of Spoleto, so fwear in his 
 Name, and then he was abfolv'd by the Cardinals from his former Oath, which he 
 had taken at Vcrolt ; and foon after he return'd to Puglia, from whence he difpatch'd 
 Letters to the German and ttalian Lords, ordering them to come to Cremona the 
 Eafier following *, where he defign'd to hold a General Allembly. Thereafter he 
 collevfled anew a great Sum of Money under the Name of a Loan ; and Pietro Lord 
 of Evolt, and Niccolo di Cicala Juftice of Terra di Lavoro, receiv'd from the Laads 
 belonging to the Monaftery of Monte CaJJino 1300 Ounces of Gold. 
 
 SHORTLY after there arole fome Heart-burnings betwixt Frederick and 
 Hworius, becaufe, according to Riccardo da S. Germano ^, the Churches of Cow/^, 
 Salernoy A-verfa, and Capua, and the Abbey of S. Vincent in Volturno being vacant. 
 Honoring, i)iJcto S irrequifito Jmperatore, fent five Prelates from Rome to take Poffef- 
 fipn of thefje Churches and Abbey : Thefe Prelates were the Prior of S. Maria delta 
 
 ' Ric S. Germauo. 
 Idem. Jvaturum, 
 
 Idem, Promlfit Imperator fe publlce fer- 
 
 jrum, Excommunicatlone ajjefta in li, 
 
 erram fuam, fi haec iion fuei 
 
 Idem. 
 
 V. Dufrefne in GJoflar. V. Chelandium. \ Mdcm, Menfe Septcmbri. 
 
 * Wsm, anno izzf. I 8e terram fuam, fi haec iion fuerint oblervara. 
 
 * Uem, Et ducit fecurat centum Chelandros. I ' Idem. 
 
 Kucva
 
 Book XVI. ^/j^ Kingdom 0/ NA P L E S. 62^ 
 
 Nuova to be Bifhop oiConfa ; the Bifhop of F<j;;w^o/?^ to be Archbifhop of Salerno ■ 
 the Chanter oi Amalphis to be Bifliop o{ A'verfa ; the Bifhop o( Patti to be Arch- 
 bifhop of Captia ; and a Beuediftine Monk, nam'd Giovanni di S. LiOeratcre, to be 
 Abbot of S. Vincent. Frederick being grievoufly dilbblig'd at this Injury done him 
 in fpite of his Right, would not liaifer any of them to be admitted into thefe 
 Churches ' ^ and going afterwards to Sicily, he Icrv'd Fra. Ntccolo da Colic Pietro 
 made Abbot of S. Lorewz.^ in Averfa the fame way, though he had brought parti- 
 cular Letters from the Pope ; and at the fame Time fent Ambaffadors to the Pope 
 to complain of the Wrong done him \ 
 
 I N the mean Time the new Emprefs Jole, having imbark'd in the Gallies after 
 a profperous Voyage, landed at Brindift, whither the limperor had gone from Sicily 
 to wait her coming, and where on the 9th oi September the Marriage was folemniz'd 
 with great Pomp and Magnificence ; and as a Remembrance of this Solemnit) , he 
 caus'd a new Coin to be ftruck, call'd Imperiali, and cry'd down the old K 
 
 EN 3" I US, Frederick! s baftard Son, was born this Year 1239. whom he after- 
 wards crown'd King of Sardinia j and this fime Year the Emperor one Day hunting 
 in Piiglia, and having kill'd a wild Boar of a prodigious Size, order'd a Supper to 
 be drefs'd on the Spot, where a Caftle was afterwards built, which to this Time is 
 call'd Apricena. 
 
 IN the Beginning of the Year 1226. Honorins (hnt to ^vcis Frederick, who, after 
 the Solemnity of his Marriage, had gone to 1'roja in Piiglia, to make ready for the 
 Expedition to the Holy Land j whereupon the Emperor order'd his Barons to meet 
 him at Pefcara, in order to accompany him to the Dyet oi Cremona, which had been 
 fummon'd the preceding Year. From 'troja he went to Iterra di La-voro, and left the 
 imprels in 'terracina, a Caftic near Salerno, now demolifh'd, and return'd to Puglia, 
 and having committed the Government of the Kingdom to Errico di Morra Lord 
 Chief Juftice, he went to Pefcara, and from thence with all his Army he march'd to 
 Spoleto, and order'd the Spoletians to take Arms and follow him to Lomhardy "• ; the 
 Spoletians refufing to obey without they had the Pope's Orders, he commanded them 
 a lecond Time to obey upon their Perils ; but they fent his Letters to the Pope, 
 who for other Reafbns was grievoufly offended with Frederick, both on account of 
 the Prelates, whom he kept out of Pofleflion of their Churches, and becaufe he had 
 combin'd with Ezzelino, and publifh'd a Conftitution, whereby he ordain'd that 
 Monks and Priefts that had committed Homicide, or other enormous Crimes, Ihould 
 be punifh'd by his Secular Magiftrates, and becaufe he had infring'd the Ecclefiallical 
 Immunities in taxing the Clergy : All thefe had fb exafperatcd the Pope, that he 
 wrote moft bitter Letters to Frederick^ complaining heavily of thefe Things. Fre- 
 derick looking upon thefe Letters to be too arrogant, anfwer'd them with the like 
 Boldnels ; whereupon Honorius, more furioufly inrag'd, wrote again in a more 
 haughty, inlblent, and threatning manner. Frederick, unwilling to quarrel with the 
 Pope, in order to fbftcn him, wrote him a moft lubmiflive Anfwer, m omni fubjeclione as 
 Riccardo fays : Whereupon they were again reconcil'd, and the Pope fent Ciiizio Savello 
 Cardinal of Porto, to adjuft their Differences, that the Expedition to the Holy 
 Land might not be retarded, and the Affairs o( Lomhardy might be fettled. Then 
 Frederick left Spoleto, and went to Ravenna, where he kept his Eajier, and wrote to 
 his Son Henry to affemble a ftrong Army, and march from Germany to Lomhardy 
 where he would meet him ; and Faeuza not being in his Intcreft, he did not take 
 that Rout, but march'd with his Army to S. Giovanni in the Territories of Bologna 
 and from thence to Jmola ; when he entcr'd Lomhardy, only Modena, Reggio, Parma 
 Cremona, Afti, and Pavia fent him Ambaffadors, and offcr'd him their Service. 
 The other Cities not only did not fhcw him any Civility, but enter 'd into a Con- 
 federacy againft him ; thefe were, according to Riccardo, Milan, Verona, Piacenza, 
 Vercellt, Lodi, Alejfandria, Triviggi, Padua, Vicenza, Torino, •Novara, Mantua, 
 Brefcta, Bologna, and Faenza : Thefe Cities joining with GoffredoCounx. o£ Romagna, 
 and Bonifacio Marquis of Monferrato, and other Cities of Marca Travigtana, form'd 
 an Army, and march'd to take the Pafs at the Foot of the Alps, and prevent Henry's 
 entering Italy. In the mean Time the Emperor march'd to Cremona, where he was 
 
 ' Rlc. S- Germ. Quos tanquam in fuum pre- 
 judicium promocos, recipi Imperator in ipfis 
 Ecckfiis non permifit. 
 
 ' Idem, Imperator pro fafto Prilatorum, 
 
 quos_ Papa creaverat, fuos ad cum Nuncios 
 mitrir. 
 
 ' Rlc. S. Germ. 
 
 * Idem. 
 
 8 O honour-
 
 686 !77:)^ C I V I L H I STO R Y of Book XVf. 
 
 honournbly receiv'd by the Citizens, and held the appointed Dyet, but a very thin 
 one, without a Baron, or Ambaffador from any of the confederated Cities. 
 
 AFTER the Dyet was over the Emperor left Cremona, and march'd to Parmc!^ 
 where he was waited upon by many Counts and Knights of that Country, and of the 
 Territories belonging to Lucca diwd Pi fa, and particularly the Marquis of ilfc/f/^;;//, 
 and he Knighted many of them with his own Hand, which was look'd upon as a 
 great Honour in thofe Days ; from thence he went to meet with the Pope's Legate 
 in the Village of S. Donnnio, to get him to facilitate his Coronation with the Iron 
 Crown, which was kept in Moiiza by the People of the Milanefe, who, mindful of 
 the Injuries they had receiv'd from his Grandfather Barharojfa, by no means would 
 confent to his Coronation in their City ; therefore Frederick finding that neither 
 Intreaties, nor mild Ufage were able to regain thele People, nor any of the other 
 confederated Cities to his Intereft, in great Wrath he put them all under the Ban of 
 the Empire, declar'd them Rebels, and got the Legate to interdidt them, and 
 removing the Univcrfity from Bologna, he transferr'd it to Naples and Padua, and 
 order'd all the Scholars to leave Bologna, and go to thefe two Cities to ftudy j but 
 Sigonius fays, that none obey'd his Orders. 
 
 THE Emperor not having Succcfs in Loviihardy, left it, and went to wait on the 
 Pope in Kteti ; and after he had complain'd to the Pope of the Obftinacy of the 
 Lombards, he came to Piiglia, from whence he fent a frelh Recruit of Soldiei's to the 
 Holy Land ; and Pietro Lord of JSi'o/;, and Niccolo di Cicada having laid down their 
 Offices of Juftices oi^erra di Lavoro, Kaggiero dt Gallnra, and Marino Capecc were 
 put in tlieir Places. Frederick being now Friends with the Pope, gave Pofleffion of 
 their Churches to all thofe Prelates whom the Pope had made, to wit, the Arch- 
 bifliops of Capua, Confa, and Salerno, the Bifhop oi An^erfa, and the Abbot of 
 S. Lorenzo '. 
 
 THE Pope was very earneft with the Emperor to go upon the Expedition to the 
 Holy Land, which had been diverted and delay 'd by the Broils betwixt the Emperor 
 and the confederated Cities ; and Frederick had publifh'd an Edift, whereby he 
 ijgnified, that the DifTentions oi Italy had put a Stop to the Expedition to the Holy 
 Land ; and having fent Ambafladors to the Pope to intimate the (ame, Hcnoriiss 
 wrought Co efFeftually, that he made up all Differences j whereupon the Emperor, to 
 pleafe the Pope, promis'd to fend immediately a Reinforcement of 1400 Soldiers to 
 the Chriftians in Pakfiine. The: Emperor and Emprels Jole went then to Skily ; and 
 tlie Pope feeing, that King John of Brenna, by reafon of the Mifunderflanding 
 betwixt him and his Son-in-Law, Avhofe Dominions he had been forc'd to leave, 
 was in great Want, gave him the Command of all that Tradl of Land, from Viterho 
 to'Montefiafcoue ; iu the mean Time the Emperor, by the Means of Errico Murra 
 his Lord Chief Juftice, publifh'd new Laws and Ordinances for the Peace and Tran- 
 quility of his Subjc.fts, recorded by Kiccardo da St. Gcrmano. This Year Francis, 
 famous for his Miracles and holy Life, who founded the Order oi Minors Friars vn 
 AJJifi, the Place of his Nativity, died, gnd iuprocefs of Time was Sainted. 
 
 POPE Honorins, according to Kiccardo s Chronicle, died in Konie in the Month 
 o£ March this Year 1227. after he had go\crn'd the Church ten Years, feven Months, 
 arid thirteen Days, and was buried in Rome, in the Church of S. Maria Maggiore, 
 under a \'ery plain Tomb. 
 
 ALTHOUGH the Differences which this Pope had with Frederick, were 
 weighty and frequent, yet they were not fuch as to oblige this Pope to excommxuii- 
 cate hiin, as fbme have unjuflly written. The firfl that fulminated rhefe Thunder- 
 bolts ajgainft Frederick, were Gregory XL and Innocent IV. his Succeffors, as we fhall 
 ^ '-^rMv r-clate. 
 
 ' Ric. S. Germ. 
 
 CHAP.
 
 Book XVI. ^^^ K I N G D o M 0/ NAPLES. 
 
 68/ 
 
 CHAP. VI. 
 
 Frederick's Expedition to the Holy Land. 
 
 HE Day after the Death of Pope Hbwonwj, the Cardinals eledled C/^o//«d 
 of the Family of Ck)nti, Son of T'rijlano d'Alagna, Brother of Inno- 
 cent III. who was of the Conti's of Seg}ia, and gave him the Name of 
 Gregory IX. who, immediately wrote Letters to all Chriftian Princes, 
 notifying the Death of his Predeceffor, and his own Eledion, and 
 fent Fra. Giigltelmo^ a Dominican Monk, to the Emperor to gi\ e 
 him an account of his Promotion, and to exhort him to honour and defend the 
 Church of God, to provide for the good Government of his Subjeds, and to under- 
 take the Holy War ; and befides, he defir'd that Frederick would be pleas'd to 
 order his Subjefts to fend Provifions and other NeccflTaries for the Gallies which he 
 defign'd to fend to Paleftine, which Errico Morra Chief Juftice, by Frederick's 
 Orders, immediately caus'd to be done '. Simon Schardius mentions a Letter full 
 of Encomiums and high Praifes, which Gregory wrote to this Prince the firft Year of 
 his Pontificate, upon which he aflembled all the Juftices of the Provinces of his King- 
 doms of Sicily, to whom he imparted the Contents of the Pope's Letter, that they 
 might make every Thing ready for the Expedition to the Holy Land ; and for that 
 end he laid a general Tax upon all his Vafllils, and wrote to his Son Henry to call a 
 Dyet in Aix la Chapelle, and give an Account to his German Barons, that he defign'd 
 tofet out for the faid Expedition in the Month oi Auguji next, on the Day of our 
 Lady's Aflumption, that all who had a Mind to go along with him might be ready, 
 and come to Puglia, where he had prepar'd Ships for their Embarkation. And fent 
 the Archbifiiop ofKeggio, and Herviandus Saltza, Great Mafter of the 7'eutonick 
 Order, to acquaint the Pope that he was ready to imbark, and to fend .Victuals and 
 Provisions neceflary for the Gallies. 
 
 I N the mean Time Henry, according to his Father's Orders, had caus'd a Dyet 
 to be conven'd at Ai^ la CbapeUe, to invite the Germans to accompany his Father in 
 the Expedition, whither a great Number of Lords and Prelates came, among the 
 reft Sifridiv.s A.\xhh'\ft\o^ of MentZ, T'beodorus Archbifliop of triers, Henry Arch- 
 bifhop of Cologn, with the Archbilhops of Salt zhiirg, Magdeburg, and Breme, with all 
 their Suffragans. There were likewife prelent the Dukes of Aujtria, Baiana, Carmthia, 
 Brabant, and Lorraine : Henry Count Palatine of the Rhine, Lezvis Landgrave of 
 ^bnringja, and Ferdinand Count of Flanders, who had been taken Prifoncr by King 
 Philip in the Battle of 1'onrnay ; and after he had been twelve Years Prilbner in 
 Pans, at the Interceffion of the Pope and others of his Friends, had been at laft let 
 at Liberty. All thefe mov'd by Henry King of Germany, and their own Chriftian 
 Piety, were ready to undertake fo pious an Expedition ; fo that I'cckoniiig thcic, 
 and others prevail'd upon by diveric Monks and other Ecclefiafticks, fent over all 
 Cbriftendom by the Pope, to encourage the People to take the Crofs, at the appointed 
 Time, an infinite Number of Chriftians met at brindifi, and its Neighbourhood, 
 infomuch, that, according to the Abbot of 67/) w, from the Ifland of Britatn alone 
 there came Sixty thoufand. But when the great Heats of the Summer in thelc 
 barren Parts cfPiiglia came on, the Northern People, not accuftom'd to them, and 
 
 Ric. S. Germ- 
 
 labouring
 
 688 y/j^ Civil History of Book XVL 
 
 labouring under all forts of Inconveniencies, began to die by Thoufands, and among 
 others, the Bifliops of Angers and Soiffons^ and the Landgrave of 7'huringia were 
 carried oif, whereupon thele People thus afflifted, fet out in order to return to their 
 own Countries ; but moil of them died by the Way '. 
 
 MEAN while Frederick, with the Emprels Jole, in the Month of Atiguft came 
 from Sicily to Otranto, where he left the Emprels, and went to Briiidifi to join the 
 Army, which, though, by Death and Defertion, reduc'd to a Imall Number, he 
 caus'd to be imbark'd on thePeaft of the AJfumptic}!, the Day appointed ; and return- 
 ing to Otraiito to take his Leave of the Emprefs, he was taken ill there ^ ; notwith- 
 ftanding which he went back to Rrindifi and imbark'd ; and after three Days Sailing, 
 not able to bear the Sea, he return'd to Briiidifi. Fazzellus fays, That Frederick 
 had reach'd the Iflands of the Morea and Candia, and that by contrary Winds and 
 his IndHpofition, he was oblig'd to return to Brindiji, with thofe that had rendezvous'd 
 in LaccdemoJi, and Forty thoufand of his Army, if we may credit Sigonitts. 
 
 WHILE Gregory IX. was in Anagna, he had an Account that Frederick was 
 return'd, which the Pope attributing to his Unwillingnefs to go upon the Expedition, 
 tranfported with Rage, on the 29th of September the Feaft of St. Michael the Arcb- 
 eingel, he declared, That Frederick had incurr'd the Excommunication, which 
 Homrius had threatned in St. Germano, if he did not go to Palejiine, and accordingly 
 did excommunicate him % which Sentence is recorded by Bzovius, and Sigomus, it 
 begins thus ; Imperatorem Fredericnm, qui nee transfretavit, &c. 
 
 BZOVIUS adds, that Gr(?g;o>7, befides Frederick's returning from the defign'd 
 Expedition, had many other Grounds of Quarrel with him ; for he not only had 
 forc'd the Ecclefiafticks of his Dominions to pay Taxes, but on account of a private 
 Grudge he bore the Bifhop of A'verfa and Roger Count of Celano, he compell'd 
 them to go to Palefiine^ and put the Count's Son in clofe Prifbn, and other fuch 
 Grievances, which Villani gives us againft Frederick ; but feeing this Author brings 
 no Voucher but himfelf for what he fays, he deferves no Credit ; for Vtllani, either 
 through Ignorance of the Tranfadbions of our Kingdom, and efpecially thofe of 
 J^rederick, or as a Giielfy and coniequently his Enemy, or for want of Judgment, 
 or out of Partiality, has committed a vaft many Blunders, and related Things that 
 never fell out, of which the Authors, who liv'd at the fame Time, fuch zsKiccardn^ 
 and other careful Recorders of the Tranfaftions of their own Times, make not 
 the leaft mention. 
 
 FREDERICK taking this Sentence of Excommunication as a grievous 
 Affront, left Puglia, and, as a convincing Proof of his Illnefs, according to 
 Riccardo, went to the Baths of Pozztwlo to be cur'd, and from thence he lent the 
 Archbifhops of Reggio and Bari, with Rinaldo Duke of Spokto, and Errico di 
 Malta his AmbalTadors, to the Pope then at Rome^ to excufe his not going upon 
 the Expedition, and to reprefent the Caufe of his Delay ; but all was to no Purpole, 
 for the Pope gave no Credit to any thing they laid in his Vindication, and con- 
 vening all the Ultramountain Bifhops in Rome, and as many as he could get of our 
 Kingdom, on the Eighth Day after the Feaft of St. Martin, he again publickly 
 pronounc'd him excommunicated, interdidted his Dominions, and lent Letters to 
 all the Princes of Chriftendom, to inform them with what he had done. Whereupon 
 Frederick likewife wrote to Lewis King of France, giving him an account of the 
 Injury Gregory had done him, which Letter is among thofe of Pietro delle Vigne, 
 and in Sigonius, in thefe Words j Grcgorius IX. Sub ea occajione quod nos in termtno 
 nobis data, infirmitate gravati, tranfire nequivimus ultra mare, contra juftttiam 
 primitiis excommunicationt fubjecit. Whence 'tis evident, that Gregory was the firft 
 that excommunicated Frederick, and that what Villani, and others have written, as 
 if he had before been excommunicated by Honor ius, contrary to what Rtccardo 
 relates, is an idle Story. He alio wrote to the Cardinals, complaining heavily that 
 no Credit was given to what his AmbalTadors laid. He alio wrote to all the Princes 
 of Germany , and fent Letters to all the Kings and Princes of Europe, complaining 
 of his being excommunicated, and excufing the Faults laid to his Charge, by giving 
 an Account of the Reafons why the Pope had excommunicated him, and of the 
 
 'Ric. S.Germ. _ _ ( difpofuerat, fuperyenicnte scgrltudine, non 
 
 anfivic. 
 ^ Idem. 
 
 Ric. S. Germ. j difpofucra 
 
 idem, Et ii'fe tunc etiam Imperatof, ficut tranfivic. 
 
 I 3 IJem. 
 
 Caufes
 
 Book XVI. the Kiu GDOM 0/ N A P L E S. 689 
 
 Caulcs of his delaying to go to Pale/iiiie, and blaming all the Prelates and Miniftcrs 
 of the Church, and more efpecially the. Ro;//j;;j, for not oppofing fuch a Sentence. 
 He likewifc order'd all the Juftices of Sicily and Puglu, to oblige the Priefts and 
 Monks of their Provinces to fay Mafs, and not to allow them to ^o out of the 
 Kingdom, nor to travel from one Place to another without a Licence from them all 
 which Letters were written by Pietro dclle J'lgiw his Secretary, and, as we have (aid 
 a Man of great Wildom and Learning, and much belov'd by the Emperor as may 
 be fecn in the Book of his Letters. 
 
 A r T E RW A R D S he calfd a general Meeting of all the Barons of the King- 
 dom in Cap!!.:, wherein he oblig'd them to pay a Tax of eight Ounces of Gold for 
 each Fief they held, and for every eight Fiefs, to furnifli a Soldier, in order to 
 make up an Army againft the Month of May following, w hen he defign'd to go to 
 the Holy Land without fail. For the fame End, he order'd another Affembly to 
 be conven'd in R^rjcima in the xMonth of Marcb, whither he fummon'd all the 
 Cities and Lords of Ita/y ^ and from thence he fent Koffndo Epifanio da Benevento 
 a famous Lawyer of thefe Times, to Koine, with his Vindication, which Rojfrcrfo 
 caus'd to be publickly read in the Capitol, with the Confent of the Senate and 
 People of Rome. 
 
 IN the beginning of the following Year ^ 1228, F/eimc/fe aflembled in Pi/^/ia 
 all the Prelates and Barons that were refolv'd to accompany him to Palcftine and 
 celebrated Eafier with great Pomp and Mirth in Barlettj, where he had got the 
 News, that 'Tommafo d' Aquino Count of Accrva, his Marfhal in Palejhiie, had 
 defeated and llain in Battle Conradm Soldan of Damafctis, and upon the Count's 
 returning to the Kingdom, Frederick lent Ktccardo dt Priucipato to the Holy I^nd 
 with a frefh Recruit of Five hundred Soldiers, who imbark'd at Brindtfi and arriv'd 
 fafely in that Country. 
 
 A T this very time Gregory, after he had celebrated the Feaft of Eafier in the 
 Lateral!, went to St. Peter's Church to renew the Cenfures againft Frederick ■ but 
 the Frangipani, and others of Frederick's, Facftion in Rome, while the Pope was 
 about it, ftirr'd up the People to mutiny, and rebel againft him, and after havin^T 
 infulted him with opprobrious Language, they drove him out of the City and 
 forc'd him to fly to Perugia for flielter, where he remain'd for fome time. 
 
 I N the mean time Frederick, after he had colledled a vaft Sum of Money for 
 his Expedition, from the Churches and Ecclefiaftical Perfbns, notwithftandinc the 
 Pope had, by his Letters, order'd them not to pay any ; fet out for Barletta where 
 he defign'd to hold a general Meeting ; and when he came to Aiidria, theErapreli 
 was brought to Bed of a Son, who was nam'd Conrade, and was more belov'd by his 
 Father than any of his other Children j but Jole never recover 'd of the Hard/hips 
 fhe fuffer'd in this Birth, and died foon after '. 
 
 THE Death of this Emprefs is defcrib'd by Villani, and other modern Authors 
 his Followers, with Co many Fables and Stories, that they deferve no Credit ■ for 
 Rjccardo, the faithful Chronologer of thefe Times, fays nothing of it, but that the 
 Emprefs died of Child-birth ; and Corio, in his Hiftory of Milan, Stgonins and 
 the Monk of St. Gtiifiina, fay the fame j and no Author, that with due attention 
 has written the Tranfadions of thefe Times, makes mention that fhe died in Prifon 
 of Blows fhe had receiv'd from the Emperor, according to Villant ; and certainly 
 thefe Authors, who have not pafs'd over in Silence the other Mifdecds of this Prince 
 would likewife have recorded this, if it had been true ; befides, 'tis next to impoffi- 
 blc, that he fhould have had fuch a Love for the Son Conrade, as will be feen in 
 the Courfe of this Hiftory, if he had Co hated the Mother, as to be the Occafion 
 of her Death. 
 
 AFTER the Death of Jcle, Frederick held his Parliament at Barletta, and 
 being bent on the Expedition to the Holy Land, before he fet out, , refolv'd to pro- 
 vide for his Kingdoms in cafe he fhould die j whereupon, in Prefence of the Prelates 
 and great Men of the Kingdom, and an infinite Number of others, he caus'd the 
 following Articles drawn up by himfelf, by way of laft Will, as recorded by 
 Riccardo, to be read with a loud Voice. Firft, it was his Will, that all his Sub jeds 
 Prelates and Barons, and their VafTals, fhould live in the fame Peace and Tranquility 
 which they injoy'd in the Time of the good King H^'tlliam U. therefore he left as 
 
 ' Rlc S. Germ. 
 
 8 P his
 
 690 The Civil History of Book XVI- 
 
 his Vicar and Guardian of the Kingdom, Kimldo'DukQof Spoleto. Secondly, if he 
 fhould happen to die in the War, which he was going to make in Paleflnte^ his eldeft 
 Son Henry fliould fuccecd him in the Empire and the Kingdom, and if Henry fhould 
 die without IfTue, his fccond Son Ccnrade (hould fucceed him, and if he fhould 
 Jikewife die without Children, his own other Children born of lawful Wedlock, 
 ftiould lucceed, caufmg Kiuakio Duke of Spoleto, Errko Morra^ and others of the 
 moft: confiderable Men prefent to fwear, That, if he fhould die, and make no other 
 Will, they fhould fee what he had thus ordain'd, pundually put in Execution. 
 Thirdly, That no Perfon in the Kingdom fhould be oblig'd, either by way of Tax, 
 or Colleftion, to pay any thing, except for the Good of the Kingdom, or on feme 
 emergent Occafion. 
 
 A F T E R thcfe Articles had been thus read, and in Frederick's Name fworn to 
 by the Duke of Spolefo, and Errico Morra his Lord Chief Juflice, &c. according 
 to Bzoviiis, and the Abbot of i'fperg, on the Eleventh Day of Angiijl, he fet fail 
 from Brindifi with Twenty Gallics, and having before order'd ail the tranfport Ships 
 to rendezvous at St. Andrea delC Jfola, he join'd them there, and touching at 
 Otranto, from thence in a fhort Time he arriv'd in Palejiine, and prepar'd himlelf 
 for noble Undertakings. 
 
 GKEGO KT IX. who was flill in Perugia^ hearing of the Emperor's Dcpaiture, 
 without being firfl: abfolv'd by him from the Cenfurcs, as he pretended, in great 
 Indignation wrote to the Patriarch of Jeriifnlem^ and to the Mafter of the Holy 
 Sepulchre, flriclly charging them to hfwsx^oi Frederick, and give him no AfHftancc, 
 for he had gone away under the Sentence of Excommunication, and might be of 
 great Detriment to them ; befides in Italy the Pope ftirr'd up the People of the 
 Milanefe, Enemies of Frederick, to enter into a Confederacy with himfelf againft 
 him, and divided Italy into Faftions, whence the Number of Guelfs increas'd ; and 
 in the mean time he refblv'd upon a new Expedition into the Kingdom of PugUay 
 with a Defign to rob this Prince of it, at the fame time that he was at a Diftance, 
 and intent on the Expediton of the Holy Land. 
 
 O N the other hand Kiualdo Duke of Spoleto, as Frederick's Vicar of the King- 
 dom, in order to put a Stop to the Pope's Defigns, and to involve him in a War in 
 his own Dominions, invaded la Marca, and his Brother Bertoldo^ aflfaulted the 
 Territories of Norcia, and dcmolifh'd the Cafllc of Brufca, which had ftood out 
 againft him, and deliver'd up the Inhabitants to the Mercy of the Saracens he had 
 brought with him from Puglia, who put them all to a cruel Death '. 
 
 THESE Things being told the Pope, and that the Duke in a holtile Manner, 
 had enter'd the State of the Church, where he had done great Damage, he admo- 
 nifh'd him to be gone, and leave his Subjedts in Peace ; but the Duke had no regard 
 for that Order, and the Pope inrag'd, excommunicated him with all his Followers ; 
 And feeing the Cenfures flood him in no flead, with the AfTiflance of the People of 
 the AH lane fe, and all the confederated Cities of Lombardy, cali'd the Militia^ ef 
 Chriji, he affembled a flrong Army, gave the Command of it to Jcbn of Brenna, 
 formerly King of Jerufalem, and Frederick's Enemy, and Gio. Colcnna, the Cardinal 
 Legate, and fent them againfl Duke Rinaldo. 
 
 ' Ric. S. Germ. 
 
 CHAP.
 
 BookXVr. /& Kingdom 0/ N A PLES. ({91 
 
 
 t) 
 
 CHAP. VII. 
 
 ^ope Gregory IX'5 Expedition into Puglia. 
 
 OPE Gregory finding, that thefe Forces were not lufficient to ftop the 
 Duke's Progrels, who had already fubjeded la MarcUy as far as 
 Macerata, to the Dominion of the Emperor, refblv'd to make War 
 in the Kingdom of Puglia, and to turn his Arms againft thefe Pro- 
 vinces, that by putting them in Confufion, the Duke might be 
 oblig'd to come to their Afliftance, and leave his Dominions. There- 
 fore, having affembled a new Army, he gave the Command of it to Pandolfo 
 d'Alagna his Legate, Ktiggieri deW Aquila Count of Fondi^ and I'ommafo Count of 
 Celaiio, Rebels and Enemies to Frederick. 
 
 ON the 18th Day of ^'^//Wi?*-^ this Year 1229, thefe Commanders with their 
 Soldiers, who were cail'd Cuavefegnati, by the way of Cepparano, enter'd lerra di 
 Lavoro, and on a fudden attack'd and took the Caftle of Porite Solarato, which was 
 then the Key of the Kingdom, and the firft ftrong Hold on that fide of the Borders 
 of the State of the Church, and was commanded for the Emperor by Adenolfo Balzam. 
 The Lois of this Caftle ftruck fuch a Terror in Bartolommeo di Supino Lord of S. Gio. 
 in Carrico, and Roberto dell' Aqutla Lord of the Caftle of Paftena, that without 
 making the leaft Defence, they likewife yielded ; from thence the Pope's Army 
 crofs'd the River 'Tele fa, and march'd towards the County of Fondt. 
 
 1 N the mean time Errico Morra Lord Chief Juftice, upon the News of this 
 War, forthwith affembled a good Body of Troops, and march'd to St. Germano, 
 to difpute the further Paflage of the Pope's Troops. But this Oppofition was not 
 fufficient to put a Stop to the Pope's Army, which over-run many Places of this 
 Province, and took many Forts and Caftles as far as Gaeta. Though many Places 
 were daily fubmitting to the Pope's Legate, yet this City ftood it out, and con- 
 tinued faithful to the Emperor, and prepar'd for a vigorous Defence, for which 
 Caufe the Cardinal Pclagio Bifhop of Albam, the Pope's Legate, interdicted it. 
 Pcntccorvo, with all the other Towns belonging to Monte CaJJino, the Caftle of 
 E'vandro, Trajetto and Siigw, yielded to the Legate, and at laft the City of Gaeta 
 was forc'd to furrender ; and its Caftle, which the Emperor, at a great deal of 
 Charges, had caus'd to be built, was dcmolifh'd and levell'd, and many of the 
 Inhabitants, who were faithful to Frederick, rather than be fubjeft to the Pope, 
 chofe to quit their Habitations ; and the Bencventans hearing of the good Succefs 
 of the Pope's Army, began the War on that Side, made an Inroad into Puglia, 
 carried off the Oxen and other-Cattlc, and in their Return put the Count Kaoue di 
 Valvano, who had come againft them, to flight ; for which Caufe the Lord Chief 
 Juftice, with all the loyal Barons, march'd againft the Beneventans, and laid wafte 
 and dcftroy'd many of their Farms on the Side of the Gate Somma, where the 
 Caftle is fituatcd. 
 
 THE Minors Friars, and the Monks of St. Benedi5l, were bufy in carrying the 
 Pope's Letters and Meftages to many Barons, Prelates, City Corporations and 
 Caftles, inviting them to rebel, and come over to the Pope, and faifly giving out 
 that Frederick was dead, and would never return to Puglia ' j which Report being 
 
 ' Ric. S. Germ. 
 
 credited
 
 6(^\ 'The Civil H i s r o r v of Book XVI. 
 
 credited by many of thefe Cities, they rebell'd, and put to Death all the Ge-r.jiam' 
 that liv'd in them, and, according to the Abbot of i/png, all the other Cities 
 would have done the fame, if they had not been prevented by the Difcovery of 
 the Cheat, and that Frederick was foon to return to the Kingdom i for which 
 Reafon the Duke of Spoleto expelfd all the Minors Friars, and all the Monks of 
 Cdffwo out of the Kingdom ; (bme of them accordingly left it, others quitting the 
 Habits of their Order, liv'd hiddcnly asLaicks. 
 
 MEAN while King John, and the Cardinal Colonna, after diverfc Skirmiflies, 
 had oblig'd the Duke of Spoleto to quit la Marca, and retire to Abntzzo, whither 
 they follow'd him, and befieg'd him in the City of Sulmona. As foon as the Cardinal 
 Pehg'o heard of this Siege, he fent to defire King John to come and join him, that 
 they might carry on the War more vigoroufly in ferra dt La-voro , whereupon 
 King John rais'd the Siege of Sulwoua, and by the Valley of S^mgro, march'd into 
 the County of Molife, and on his March took yHjideiia and its Catlle, he alfo took 
 Paterno and other Places, and burnt the Caftle of Sangro ; and at the fame time 
 the Count of Cawpagiia with a good Body of Horfe and Foot, lately rais'd by the 
 Pope for reinforcing his Army in Piiglia^ furpriz'd and took Sora^ but the Imperialilh 
 kept Pofieflion of the Caftle ; from thence he march'd, and with the fame Bale 
 took Arpnio^ Fontami, and the Valley of Sora, with all the Country of the Alarji ; 
 and on the other hand King John and the Cardinal Coloiiiia, being join'd in Terra 
 di La-voro, and palTuig the River Volturno^ join'd the Army of Cardinal PeLigio near 
 S^elefe, and thns united, they march'd and incamp'd near dtjjzza. 
 
 WHI LE Gregory was thus haralTing Piigltd, Frederick was imploying his Arms 
 in the Conqueft of the Holy Land ; for foon after his Departure in the Month of 
 yiugufi, he arriv'd at Acone^ frcjm thence he fail'd to Cyprus, and after lUndry 
 Expeditions, landed in Palefiine, and join'd the Army of the Crucefignati at Joppa 
 the 15th oi Ncveinher, and fortify 'd that City, which had been difmantled j in 
 which Work hefpent all the Time oi Lent, and was like to be forc'd to 2;ive it over, 
 and go over Land to Ptolemais, for want of Provifions, becaufe the Veflcls appointed 
 to bring them were hinder 'd by tempeftuous Seas ; but fair Weather coming on, 
 he had Neceffaries in Plenty. After he had fortify'd Joppa, he march'd to Ptole- 
 mais from thence to the Caftle of Cordana, where he halted, and lent Biiglianus 
 Lord of lyre, and the Count of Lucerna his Ambafladors to the Soldan of Egypt ^ 
 who, with his Army, and his Brother, was incamp'd near Keopnlis : After the 
 Ambafladors had deliver'd to the Soldan fome rich Prefents from the Emperor, 
 they deliver'd their Embaffy thus ^ That Frederick was defirous to have him for a 
 Brother and Friend, if he thought well of it, and that he was not come to Palejtine 
 to rob him of any of his Dominions, but only to recover the Kingdom of Jerufalem 
 with Chrift's Sepulchre, which had been already in the Pofleflion of the Chriftians, 
 and now by Right of Jole\\\% Wife, who was his lawful Queen, belong'd to Courjde 
 their Son. To whom the Soldan reply'd, That after he had conlider'd of it, he 
 would fend his Ambafladors to the Emperor with his Anfwer ; and after he had 
 charg'd them with fome fuitable Prefents, difmifs'd them. At this very nick of Time, 
 the Letters, which Pof>e Gregory had lent by two Minors Friars to the Patriarch of 
 "Jerufalem, arriv'd, whereby he order 'd him to declare Frederick excommunicated 
 and perfidious, for not having gone to the Holy Land at the appointed Time, nor 
 fufficiently provided forfuch an Expedition ; and commanded the Kn\ghts Ilojp/talers 
 and templars, and the Germans not to obey him in any thing. 
 
 ALTHOUGH the Soldan knew very well that the Emperor was in Want of 
 Provifions, and that by realbn of the Difcord betwixt him and the Pope, he had 
 been newly excommunicated, and that he was but ill obey'd by the Pilgrims (under 
 which Name the Soldiers, who conftantly lerv'd in the Wars in Palejiine, went) 
 yet, being much afraid of the Bravery of the Chriftian Army, he lent Ambafl-idor^i 
 with fair Words, many Elephants, Camels, and Arabian Horles, and othtr rich 
 Prefents, without coming to any Agreement, but only told the Emperor, That if 
 he would lend anew Ibme of his Barons, he would not fail to conclude an Agree- 
 ment upon juft and reafonable Terms ; whereupon the Emperor lent Ibme of the 
 chief Men of his Court, who, being arriv'd at Neapolis, found that the Soldan was 
 gone from thence, and had left Orders for them to follow him to Gaza, which they 
 would not do, but return'd to the Emperor. Frederick finding himlelf thus deluded 
 by the barbarous Cunning of the Soldan, who had given him fair Words, in order 
 
 to
 
 Book XVI. the K i n c d o m 0/ N A P L E S. 693 
 
 to fpin out the DufiDCls, conven'd the chief Men of the Cities, the Pilgrims and 
 Soldiers in Ptohmais, and told them, that in order to be nearer Jerufaleni^ he was 
 refolv'd to attack Sappho^ whither they might likewife come. To which the Mafters 
 of the Hofpitalers and TcwpLus, in Name of all the reft, anfwer'd, That notwith- 
 ftanding they had been forbid by the Pope, whom they were oblig'd to obey to 
 have any Commerce with him, or adift him, neverthelefs for the Good of the 
 Holy Tand and Chriftiianity, they were ready to join with him in that L'ndertakincr ; 
 but they would have the Watch-word, and the Orders for the Army to be aiven 
 hi Nomtuc Dc!^ ^ Keipi'.blicx Cb-nftLuht, without making the leaft rnention of the 
 Emperor ; this fo provok'd Frederick^ that by no means he would conient to it 
 but left them, and march'd forward to the River il/oHiiVr, which runs betwixt 
 Cxfixrea and Artits ; whereupon the Knights Hofpitalers and T'ahphirs, and the 
 Pilgrims, confulting what they had bed do for the ptiblick Good, and afraid that 
 the Emperor might be o\'er-power'd b)' the Soldan, who had aflembled a prodigious 
 Army, began to follow Frederick at Ibme Diftance, and incamp always in Si^^ht of 
 him, that if they fhould lee Occafion, they might be at hand to afliit him ; but the 
 Emperor, fenlible of the Danger he run by this Divifion, out of cruel Neceffity, 
 was forc'd to yield, and allow, that all Orders whatibever, fhould be given /';; Noui'nie 
 Dei^ & Keipnblica Chriftianae^ without taking notice of him i fo that he join'd 
 them at a ruinous Caftle, while they were about repairing it. 
 
 AT this very Time, being the middle of Winter, Frederick had the News 
 brought him by a light VefTel, that the Pope's Army had over-ran the Kingdom of 
 Puglia, and taken PoflTeflion of many Places thereof, and that the reft were alfb 
 in danger of being loft. 
 
 THIS unlucky News put the Affairs of Palejiine into the utmoft Confufion ^ 
 for Frederick was immediately for clapping up a Peace with the Soldan, that he 
 might return to Italy for the Relief of his own Dominions ; whence Kiccardo da, 
 S. Geriiiano juftly writes : Verefimtle entm 'videtttr, quod fi ttinc Iinperator cum gratia, 
 G pace Koiiiaux Ecclefice tranfijfet, longe melius & efficacius profperattim fuiJJ'et 
 vegotium 'Terra Sant^ce^ fed quanta in ipfa fua peregrinatione adverfa pertulerit ah 
 Ecclefia, cum non folum ipftim Doiuinus Papa excominunicaverit, Tcrum etiam quod 
 ipfum excommunicatuni fcireut, & tanqatim excomniunicatum vitarent eundem Patriarcho 
 yerofolimitano maudavit. And the Abbot of Ufperg ' could not forbear crying out 
 againft fuch doings : ^lis talia fafta re^e confideraus uon deplorct, & deteftetur, qux 
 indicium 'videiitur, S quoddam portentuiu ^ prodigium riteutis Ecclefice I 
 
 ALTHOUGH the Peace with the Soldan was made at a critical Time, yet 
 it was as advantagious as could be expeded for Frederick ; thefe are the Articles 
 That there fhould be a Truce for Ten Years, by virtue of which the Soldan reftor'd 
 the City of Jerufaleni, with all its Teritories, to the Emperor ; that Chrift's 
 Sepulchre fhould be kept by the Saracens,, becaufe they had been long in ufe to pray- 
 there, ne\'erthelefs the Chriftians fhould have free Accefs to go and perform their 
 De\ otions there ; the Cities of Bethlehem and Nazareth, and all the Towns on the 
 High-way to Jerufalem, with the Cities of Tyre and Stdon, and fome other Caftles 
 formerly poffefs'd by the Knights Templars, were likewife reftor'd to the Emperor ' 
 with liberty to fortify' Jertifalem with Walls and Towers as he fhould think fit ; as- 
 alfb to fortify the Caftles of Joppa, Cxfarea, Moiiteforte and Nrsi Caftle. That 
 every thing fhould be reftor'd to Frederick that had been poffefs'd by Baldwin IV. 
 and had been taken from him by Saladm j and that all Prifbners fhould be fet at 
 Liberty without any Ranfbm. 
 
 THUS did Frederick conclude this Peace, for which fbme have blam'd and 
 condemn'd him, becaufe he left Chrift's Sepulchre, the firft Ground of the \\ ar 
 in the Hands of the Saracens : There are likewife fbme modern Authors that treat 
 him very fcurvily, calling him Coward and Silly, and fay. That ' he fuffer'd a 
 Thoufand Indignities from the Soldan and his Soldiers. But the Chronicle of 
 Kiccardo da S. Germane, a Cotemporary Writer, clearly evinceth all thele to be 
 nothing but Forgeries and Calumnies : Neither ought we to give Credit to our 
 Italian Writers, nor to the Letters of the Patriarch of Jcrtifalca, becaufe they 
 were for the moft part Gtielfs and Partifans of the Pope. And the fame Kiccardo 
 fhews us the Kcccff^ty Frederick was under to leave the keeping of Chrift's Sepulchre 
 
 ' Abb. Ui'pcr. anno laiS. 
 
 s Q to
 
 ($94 ^^^^ C I V 1 L H I s T o R Y of Book XVI. 
 
 to the Saracens^ •^iji^i fpeaking of the Saracens^ din confnevcraut orare ilidevi, 6^ 
 tit liberum introittim^ Q exittim hahcant illuc ^.ccedejites orationis can[a : But it w.is 
 likewife ftipulated, that the Chriftians fhoiild have the lame Liberty, & Cbrijfiams 
 funiliter orationis catifa fit expofittim ; whence we may fee how impudent a i-yar and 
 Flatterer BoJJiiis is ', who in his Hiflory of the Knights of Malt.'.^ fiiyi, That the 
 Chriftians were not allow'd to enter the Sepulchre. And to charge Frederick with 
 Cowardize and Sillinels, is repugnant to all HiftoiT, for he was a great and gallant 
 Prince, of a high Spirit, which his many noble iixploits clearly tcftify ; neither is 
 it likely, but rather impoffible that he would have born with thole Alfronts and 
 Abules of the effeminate Egyptians, and delpicablc Arabians^ which he could 
 neither bear of the Lonihardsy Gerimns, nor any other brave Nations, over whom 
 he gain'd many Victories. 
 
 N O W that the Peace was fettled, Frederick refolv'd to return to the Relief of 
 his Dominions of Italy and Ptiglia, but before he would leave Palejiiiie, he had a 
 Mind to take Poflenion of the Crown and Kingdom of Jcrufalem ; therefore he 
 order'd Hermanns Saltza to write to the Patriarch of Jentjalem to come and accom- 
 pany him to that City, in order to crown him there ; but the Patriarch, who was 
 a Partifan of the Pope, anfwer'd. That he could not do it, rill he had firft feen the 
 Articles of the Peace concluded betwixt the Emperor and the Soldan. Hermanns 
 immediately fent them to him by a Dominican Monk. W hen tlie Patriarch faw the 
 Articles, he refus'd to come, laying, that he could not truft himfclf in the Hands 
 of thefe Barbarians, feeing the Clergy were not mentioned in the Treaty, neither 
 had the Soldan of Damafcus^ to whom that Kingdom of Right belong'd, fworn to 
 it, and therefore the Peace was neither lafe, nor could it be durable. And under 
 pretence that the Temple, and the Sepulchre of Chrift were in the keeping of the 
 Saracens, to prevent Frederick!^ being crown'd there, he lent the Archbifhop of 
 Cafarea as his Legate, who by his Order interdided the Holy City of Jertifalew, 
 and the very Sepulchre of Chrift, forbidding the Celebration of Divine Offices there; 
 fo that inftead of a Bleffing on this Expedition, Frederick got a Curfe, as Riccardo 
 exprefleth it ; Primitas reciiperatiojiis ipfius, non benediilione, fed anathemate profe- 
 cutus ; but the Emperor little minding the Interdiftion, on the 17th of March 
 made his Entry into Jenifakm, and the next Morning, with fuitable Pomp, accom- 
 panied by the Great Mafter Hermanifs, and all his Courtiers, went to the Church of 
 the Sepulchre, and after he had pray'd for a long Time, and given Thanks to God, 
 finding, that becanfe of the Interdidlion, none would venture to celebrate .Ab.fs, 
 nor any other proper Office, nor would even the German Prelates be prefent, tliough 
 he had invited them, but faid, they had no mind to be excommunicated by the 
 Pope ; with his own Hands he took the Crown from the Altar, and crown'd him- 
 fclf ; and the Great Mafter of the Lemonicks made a long Oration in Praife of 
 Frederick, inlarging, that it was by his Condud and Valour that the Kingdom and 
 City of Jcriifdlem had been reftor'd to the Chriftians " ; and after his Coronation, 
 Frederick gave Orders to fortify Jertifalem, and repair the Walls, w hich had been 
 thrown down by Conradin Soldan of Damafcus ; and forthwith upon the News of 
 Pufilia's being invaded by the Pope, he fet forward and came to Sappho and Ptclc- 
 mais, where he appointed Two Governors to command the Places that had been 
 conquer 'd ; and made the Great Mafter of the ^entonicks Commander of the 
 Germans that were to return with him to Piiglia, and after having liiffer'd and fur- 
 mounted many Ads of Hoftilitydone by the Patriarch ofJernfaJem andthcMafters 
 of the Hofpitalers and templars, at laft, after a profpcrous Voyage, he arriv'd at 
 Brindifi. 
 
 FREDEKJCK was no fooner landed at Brindifi, than he fent the Arch- 
 biftiops of Rf^io and ^«r/, with the Great Mafter Hermanus, his Ambafiadors to 
 Pope Gregory, who went firft to Cajazza, which was then befieg'd by the Cardinals 
 6f S. Praxides and yllbano, firom whom they got Letters to the Pope, and from 
 thence went to Ro;hc ; and after they had given his Holinels an Account of what 
 had pafs'd in Paleftine, they belbught him in the Name of the Emperor, that lie 
 would be pleas'd to abfolve him from the Excommunication, and be at Peace with 
 him. 
 
 ' Boir. lib. 16. ' Biovlus Ilift. Kcl. Rod. 
 
 BUT
 
 Book XVI. the Kingdom 0/ N A P L E S. 6^^ 
 
 BUT the Patriarch oVJerufdlem having writte-i to the Pope, that the Treaty 
 which the Emperor had made with the Soldan, was prejudicial to the Chriftians, 
 Gregovy was lb inrag'd, that he would condeicend to nothing the AmbaflTadors defir'd 
 of him; for which Caufe the Great Alafter remain'd in Komt\ and the two Arch- 
 bifliops returned to Puglu. 
 
 I N the mean while, by the Means of Adiuolfo and Filippo d^Aqtihw^ the Caftles 
 oi Atino and Celio furrender'd to the Emperor, who with his Army of Crucefigiiatiy 
 march'd to Terra di Lanjoro againft King John and the Cardinal Legates, who were 
 befieging Ciijazza with the Army of Chi-vefignati ; Frederick's Approach Itruck fuch 
 a Terror in the Befiegers, that they rais'd the Siege, burnt the .Machines, and in 
 great hafte retired to Teaiio, from whence Cardinal Coloinia went to Rome to leek 
 Aloney from the Pope to pay the Army '. 
 
 RICCARDO likewife writes, that Cardinal Pelagio not having wherewithal to fubfift 
 the Army, took all the Treafure and coftly Furniture of Gold and Silver that were in 
 Motite Caffijio, to makeMoney of them, and refolv'd to ferve the Church of S. Germciuo 
 the fame Way, had not the Clergy of that Church compounded for a certain Sum ; In 
 the mean Time the Emperor return'd from Naples to C-?/i;/.7_ and from thence 
 march'd to Gt/iv, which he took by Storm, and caus'd many of the Pope's Soldiers, 
 who defended it, to be hang'd ; and though King Juhn endcavour'd to interrupt his 
 March, yet he advanc'd by the \\'ay ofRiardo to S. Maria delta Fcrrata^ where he 
 halted three Days, during which Time VairaJio, Alife, Venafro^ and all the Terri- 
 tories belonging to the Sons of Pandolfo fubmitted to him ; this profperous Succefi 
 lb difhearten'd King John and Cardinal Pelagio, that in all hafte they march'd to 
 Mignano, and from thence to S. Germam ; but finding that the Emperor was pur- 
 fuing them clofe at the Heels, they preftntly disbanded the Pope's Army, and made 
 what hafte they could to Cantpagm di Rouiagua, and King John with all the Prelates 
 of the Pope's Faftion retir'd to Rome. 
 
 MEAN while the Emperor with his Army enter'd the Lands of the Monaftery 
 of Monte Caffino, took, and deliver'd up to be plunder'd by the Soldiers, the Town 
 of Piedi'ionte, and gave its Caftle to the Lords of Aquino. Then he made an Attempt 
 upon Monte Caffino, but was repuls'd ; and while he was there, by the Means of 
 ftaddeo di Sejfa, Judge of his High Court, the City of Sejfa fubmitted to him. 
 Prefenzano, the Caftle of Evandro, Ifernia, Arpino, and Fontana, with all the other 
 Towns belonging to S. Seuedifl, likewife fubmitted ; and at laft S. Germano with its 
 Caftle alfb yielded. Frederick, being now refolv'd to fettle his other Affiirs of Italy, 
 and to treat of a Peace with the Pope, caus'd all the Magiftrates and Corporations of 
 the Cities of Lombardy to be conven'd ; and by a Letter written from S. Germanoy 
 notified to them his Return to Ptiglta, and his Viftories in that Kingdom, which 
 Letter is recorded by Riccardo, and among others contains thefe Words : Nos de 
 Ultramarinis partibus profpereper Dei gratiani redeiintes, de inimcis nojlris, qui Reg- 
 uiiin nojlriivi invaferant fxliciter triumphavimiis, dum andicntes nos contra eos in manu 
 iialida, & potenti ventiiros, non expefiatis, ant expertis tiribtis noftris, in Campanice 
 finihtis, ft'.gce fibi pra/idimn elegertint. Sicque Domino cooperante, & nos coinitante 
 ftiftitia, qui de Calo profpexit, quod ipfe in Regno nojlro, nobis abfcntibus, per anni 
 dimidium occupaxerant, nos brevi dierttin fpatio recuperaviintis, ^ revocavinius ad 
 demaniiini, & dominum noftrum. 
 
 THE City of T'eano was the next that furrender'd, upon Condition, that its 
 Bifhop fhould have it in his Choice either to depart, or remain in the City. From 
 S. Germano the Emperor fent Two hundred Soldiers into the Country of the Marli^ 
 commanded by Bertoldo Brother of the Duke of Spoleto, who eafily ilibdu'd all that 
 Country ; and after Frederick had halted fcven Days in S. Germano, he march'd to 
 Aquino, from whence he wrote to all the Princes of Cbriftendom, to glear himfelf from 
 the bad Opinion which had been conceiv'd and propagated concerning the Treaty 
 made with the Soldan, and gave them an Account of the Affairs of the Holy Land, 
 and that what the Patriarch of Jcrufalcm had reprefented was not true .Matter of 
 Faft, taking the Bifhop of ll'mchejier, the Great Mafters of the Knights //'iy/)/^/?/i!'ri 
 and Teutonicks, and many other Knights of thefe Orders, and aUb the Preaching 
 Friars, who were prefent at the Treaty, to witnefs the contrary. Some Ambafta- 
 dors from the Senate and People of Rome came to Aquino to wait upon the Emperor, 
 
 ' Ric. S. Germ. 
 
 and
 
 6^6 The Civil History of Book AVf. 
 
 and congratulate him upon his fafe Return, and to treat about other Affairs, and at 
 the End of three Days they return'd to Koine. After he had added Ibmc new- 
 Works to the Fortifications ofS. GcrnhJiio, he left ylqiitiw, and march'd to beficf^c 
 Sora, which, bccaufe ic made a (hew of Refiftance, he took by Storm, burnt it, 
 and kill'd and riiin'd the Citizens. 
 
 HEKMANKUS SALTSA^ who had remain'd in Rc;w to treat of a Peace 
 with the Pope, went from thence, accompanied by Ctc-rjinii Cardinal of S. Snbiiia^ 
 and Tbimnajo Cardinal of Capita^ the Pope's Legates, to wait on the Emperor in 
 Aquino, whither he had return'd from Sora the fourth Day of Novei/ihr, and after 
 thev had had an Audience of him, the fame very Evening they went to 2\Io>ire OijffiiJo, 
 and perfiiaded Cardinal Pslagio to retire from that Place with his Men. And the 
 Bifliops were allow'd to return to their Sees without any jMoleftation. Frederick 
 likewife reftor'd ail the Places taken from the Abbot Adeiio/fo, and put them under 
 the Command of the Great Mafter Hernic.umis^ till the Peace fhould be fettled with 
 the Pope i and Ilermannns being oblig'd to return to Perag^ia with Cardinal Pclagio 
 to lettlelbme Articles of the Peace, he fubftituted in his Place Fra. Lionardo a Teu- 
 tunick Knight, till he fhould return. And Frederick having gone to Capud, where 
 he kept his Cbrijir/ias, fct many of the Citizens of Sorjy that had been made Pri- 
 foners after the taking of that City, at Liberty. 
 
 I N this profperous Situation were Frederick's Affairs at the Clofe of the Year 
 1229. In the Month of J.r;//W/7 1230. he order'd the iald Fra. Lionardo, Deputy- 
 Governor of Moute CaJ/ino, to pick out fome of the beft Soldiers that he could light 
 on, in order to garrifon the Monaftery, and made him fwcar to guard it with all the 
 EfFefts and Monks within it, and not to deliver them to any Perfon but the Great 
 Mafler, Hennanmis. After the Archbifhop of Reggio, the Great Mafler of the Tew 
 tonick Order, "and Cardinal Pelagio had made fevcral Journies to and again, betwixt 
 Rome and Piiglia, about the Treaty of Peace, at laft they met in a Ccngrefs held 
 in S. G£"/;w/;o, where were likewife prefent the Patriarch of Aquileja, the forefaid 
 two Lec^ates, Giovanni Cardinal of S. Sabina, 7'onimafo Cardinal of Capita^ Bernard 
 Archbifhop of Salt zhurr^ Stfridits BiHiop of Katisbone, Leopold Duke of Aiiftria and 
 Stiria, Bernard Duke of Moravia, and Fra. Lionardo Knight of the Teiitonick Order j 
 and after various Speeches the Treaty was begun, and in a fhort Time was concluded 
 betwixt the Emperor and the Pope, as fhall be told. And in the mean Time fbme 
 Cities of Ptiglia, which in the late Troubles had revolted, fubmitted to the Emperor, 
 llich as Civitatc, Larino, S. Severo, Cafalmiovo, and Foggia. W'e ought not to gi\e 
 Credit to the Author of a fmall Treatife intitled Itinerarto dell' luiperador Federico, 
 for it begins with an impudent Lye, and is full of fabulous Stories and Dreams; for 
 Frederick was not three Years, but only three Months in the Holy I^md ; he did not 
 befiege Jeriifalem, becaufe the Soldan fbon deli\er'd it up ; he did not touch at anj- 
 Port of Sicily as he return'd, but landed at Brindi/i, which did not want Relief, 
 becaufe it was not befieg'd, neither had he Occafion to hire Saracens in the Ifland of 
 Zerby, while he could have had plenty in Sicily and Piiglia. 
 
 WHILE the Emperor was keeping his Eajier in Foggia, on Holy 'ithurfday 
 Gregory excommunicated Rinaldo Duke of Spolelo, and his Brother Bertoldo, for 
 hiving invaded La Marca, and other Places belonging to the Church. 
 
 AL L the Prelates, Dukes and others, who after the Congrefs in S. Germano had 
 gone to Rome, return'd from thence with the Cardinal Legates, in order to abfbhe 
 the Emperor from the Excommunication, and the Legates defu'd the Great Mafter 
 of the 'I'eutonick Order to acquaint the Emperor to come to Capua, where they with 
 all the Prelates that had fled the Kingdom for fear of him, were to wait on him ; but 
 when they were inform'd, that he had caus'd the Walls of Foggia, S. Se-vcriuo, and 
 Cafalnuovo to be demolilli'd, and that he was on his Way from Pv.glia to Capua, 
 with Dcfign to have Gaeta and S. Agata (ecur'd to him by the Articles of Peace, 
 and that they fliould not continue fubjeft to the Church as the Pope claim'd, they 
 made all the Bilhops of the Kingdom return to Ccpparono, and they themi'tlvcs," 
 with the Abbot ^'yjc/zoZ/b went to Capua, where Frederick arrived the 30th of May, 
 wich whom the Cardinals had an Interview : but when thev could not ap.ree about 
 the Article concerning Gacta and S. Agata, they went to SeJ/a, and after treating 
 with the Gaetans, they brought over Ptctro dclle Vigue, and Ftlippo dt Citro Conftable 
 of Capua ; but new Difficulties flill arifing, the Peace could not be agreed upon, 
 therefore the Archbifhop of Reggio, and the Great Mafter of the T'cutonick Order, 
 
 were
 
 Book XVI. the K i n g d o m 0/ N A P L E S. 697 
 
 were oblig'd to make (everal Journics betwixt Rome and Capua ; till at laft, by che 
 Means of Fra. ^taldo, of the Order of Preaching Friars, the Pope coming to the 
 Monaftery of Grotta Forata, and the limpcror to S. Germauo, to be near one ano- 
 ther, the Peace was concluded to the great Joy of every Body, and was publifh'd 
 with univcrial Acclamations and Rejoycings at S. Gerviano and all the neighbouring 
 Places ; and, to crown the Work, on the 9th Day of July, the Cardinal Legates 
 the Patriarch of yiqiiilcja, the Archbifliop of Sjltzburg, the Bifliops of Katisbone 
 and Refgio, the Dukes of Carintbia and Moravia^ the Archbifhops of Paler im of 
 Keggio in Calabria, and of Rari, the Abbot of Moute Cafflno, and many other 
 Prelates that had fled to Rome, Rniaklo Duke of Spoleto, Tonmafo d' Aquino Count 
 oi Serra, Erricn di Morra Lord Chief Juftice, and a great Number of Barons and 
 Minifters of the Empire, met in the great Church of S. Gcnuano, in Prefence of whom 
 the Emperor promis'd to fatisfy the Holy Roman Church in all the Points for which 
 he hid been excommunicated, and made 7'ommafo Count of Cerra, and all thefe 
 German Prelates and Lords, who drew up the Inftrument and Articles of Agreement 
 as they are recorded by Riccardo in his Chronicle, to fwear to his Performance • the 
 chief Articles follow. 
 
 L THAT within the Space of a Year common Umpires fhall be cholen to aoree 
 on the Form and Manner of reftoring Gaera and S. Agata to the Emperor, and 
 fccuring the Inhabitants of the Kingdom ; and that in the mean Time the Emperor 
 Ihall not moleft the Cities he had loft, nor fufFer them to be molefted by his Officers. 
 
 II. That the Emperor (hall pardon all the Germans, Lombards, and I'nfcans, and 
 generally all the Sicilians and French, who have fided with the Church of Rome 
 againft him, and fhall not fuffer them to be moleftcd on that account. 
 
 III. The fliid Emperor (hall repeal all Decrees, Conftitutions, and Proclamations 
 publifh'd againft them on account of the late War. 
 
 IV. T H E Emperor likewife promifes, that the Lands of the Church in the 
 Dukedom of Spoleto, La Marca, and other Places of her Patrimony, fhall not be 
 invaded, or laid wafle by him or his. 
 
 THE laid German Princes promife to be Guarantees of the above Articles agreed 
 upon. 
 
 THEN the Archbifhop of Saltzburg made a long Speech on the Emperor's 
 good Inclinations towards the Church oi Rome, and apologiz'd for the by-paft Mif^ 
 underftanding ; and the Cardinal of S. Sabina made an eloquent Speech in anfwcr to 
 him: And the lame Day the Cardinal Legates, in the Name of the Pope, made the 
 Emperor iwcar to reftore all that he had taken, or caus'd to be taken in La Marca 
 and the Dukedom of Spoleto, or in any other Part of the Patrimony of the Church, 
 and all the Territories and Caftles of Monafteries or Abbies, and particularly of the 
 Monaftery of S. Ciricus d'Introducco, and all the PofTeflions of the Knights Templars, 
 and Hofpitalers, and of all Barons or other Noblemen of the Kingdom \vhatic)e\er, 
 who have been Adherents and Partifans of the Pope, and to reftore to their Sees the 
 Archbifhop o£^aranto, and all the other Bifhops and Prelates that had been banifh'd 
 the Kingdom. And befides made him fwear ; Ut de cxtero nulliis Clencus in civtli, 
 'vel in crnninali catifa conveniatur, i3 quod nitllus talleas, "vel "colleffas imponat Eccle- 
 fiis, Monafteriis, Clevicis, fc? "viris Ecclefiafiicis, feu rebus eorum ; S quod Ele5liones^ 
 foftulationes, ^ ccnfirmationes Ecclefiarum, ac Monajleriorum libere fiant in Regno 
 fecundum ftatuta Concilii Generalis '. 
 
 THEN, by Order of the Pope, Friar Gualdo took off" the Interdiction under 
 which Cardinal Pelagio had put the Churches of S. Germano, and other Places be- 
 longing to the Monaftery of Monte Caffino, and allow'd them to celebrate the Di\ine 
 Offices, but excluded from hearing them, the Dnke of Spoleto and all thofe that with 
 him had made War in Marca. And in puriuance of the Treaty, the Emperor fbon 
 after veftor'd Trajetta and Suggio, with the County of Fondi to Ruggieri dell' Aqutla, 
 and Caftle Janola, to yldenoljo Abbot of Monte Cajfmo, on Condition however, that 
 the faid Caltle fhould be kept by Rinaldo Bclcngumo di Santa Elia, till the Emperor 
 fhould be abfolv'd from the Cenfures. Frederick having gone to the Caftle of Arce^ 
 caus'd the Lords of Aquino, who had the Charge of Ponte Corvo, Piedmont c, and 
 Caftel Ki'.o'vo, to reftore them to the Abbot Adcnolfo ; and from thence, with a good 
 Body of Troops, he march'd to Cepparano, where, on the Feaft of S. .r^r/^w/zwc" in 
 
 ' Ric. S. Germ. 
 
 8 R the
 
 698 The Civil History of Book XVI, 
 
 the Month of At'.gv.ft in the Chapel of S. Giiifta^ he was abfolv'd from the Excom- 
 munication by tlic Cardinal of dipaa Bifhop of Sabnia, and on the laft Day of the 
 laid iMonth went to meet with Gregory in Alagnc.^ having fent at the lame Time 
 Letters over all the Kingdom concerning the Immunity of Churches, Monafteries, 
 and Ecclefiaftical Perfons, and their Goods and Poflcflions, ordering the Counts, 
 Barons, Jiifticcs, Chamberlains, and Bailiffs of the Kingdom of Sicily^ jie ullus 
 Monajleriis, Ecclejiis, Perfoiis Ecckfinjucis^ ant rebus eonim talleas, lel colleens 
 frcefuviat impcnerc^ falfis ill is fer^itiis, ad qua certx Ecclejix^ njel perfoiia teueutur 
 nobis fpecialitcr obligata, according to his Diploma tranlcrib'd by Kiccardo in his 
 Chronicle. 
 
 FREDERICK incamp'd without the Walls o( Jlagm, and the firfl: Day of 
 September made his Entry into it, where he was met and receiv'd with all Marks of 
 Honour by the Cardinals, and all the other Prelates and Minifters of the Pope, and 
 was invited to eat with him, and for three Days running they continued together 
 converfing on their weighty Affairs, in Prefence only of the Great Mafter of the 
 Teuionick Order. And after reciprocal Marks of Kindnefs, he took leave of Gregory, 
 and return'd to the Camp ; and while he was there, he gave to Giovanni di Poli the 
 County of Alb I in exchange for the County of Fondi, and reftor'd it to Ruggieri 
 dell'Aquila j and at the Emperor's Defire the Pope abfolv'd the Abbct of S. Vmcenzo, 
 and the Prelates that had been excommunicated for adhering to the Emperor. And 
 in the mean Time the Bifhops of T'lauo, Alife, and Venafro^ and all the other 
 Prelates that had fled the Kingdom, return'd to their Sees, and the Prelates, and 
 Princes of Germany to their own Country. Bzovius in his Annals adds, that fome 
 German Authors write, that the Emperor, in order to be Friends with the Pope, 
 paid him a Hundred and Twenty thoufand Ounces of Gold for the LofTes he had 
 luftain'd by the War. Girolamo dalla Corte, in his Hiflory of Verona, lays, there 
 were only Twelve thouland Ducats paid ; but Riccardo, who gives a particular Ac- 
 count of thefe Tranladlions, makes not the leafl mention of any Sum paid, 
 
 THIS Peace being thus concluded, the Emperor decamp'd from Alagna, and 
 march 'd back to S. Gennano, and from thence, by the Way of Capua, march'd into 
 Puglta, and halted in Melphis ; and being difingag'd from this War, and the King- 
 dom in Peace, he refolv'd the Year following 1231. to put it upon a better Footing, 
 and with new Laws to fettle Peace and Tranquillity, and repair the by-paft Loffes. 
 
 ^1 
 
 ■'m\ 
 
 
 mw 
 
 f&W^ 
 
 lis. 
 
 CHAP. VIII. 
 
 Of the Conjlitutmis of the Kingdom, 
 
 \ U R ProfefTors, being ill verfed in Hiftory, have treated no part of the 
 
 Laws of our Country fb confuledly and carelefly, as that concerning 
 
 the Body of our Conftitutions. There is no-body but knows, that 
 
 the Emperor Frederick committed the Work to Pietro delle Vigne, and 
 
 that he did it by his Command ; but how, and when it was publifh'd, 
 
 of what Conftitutions, and of what Princes it confifts, and of what 
 
 Authority it was with us, and how the Laws contain'd in it have been explain'd and 
 
 -commented on by our Writers, they are profoundly filent. Therefore many have 
 
 confounded the Conftitutions, and attributed thofe of one Prince to another, as has 
 
 bjcn obfcrv'd in the preceding Books of this Hiftory, where many of Roger s Laws 
 
 have
 
 Book XVI. the Ki HG DOM of N A P L E S. 699 
 
 have been afcrib'd either to the two IftUiams or Frcda-kk -, and, on the contrary, 
 many Conftitutions of that Emperor have been fither'd upon Koz^er. Many through 
 Ignorance of the Scope and Defign of them, and of the Cuftoms of thcfe Timci, 
 have put ftrange Conftrudions upon them, and others have reckon'd fome of them 
 Impious and Sacrilegious. 
 
 FKEDEKICK then, a mod prudent Prince, who would imitate the wifeft 
 Kings of the Earth, both in Arms and Laws, having this Year 1231. made Peace 
 with Pope Gregory, and quieted his Kingdoms of Sicily and Piiglia^ turn'd his 
 Thoughts to the Laws, in order to fettle a more durable and lalting Tranquillity 
 among his Subjedls. Not that he publifh'd all the Conftitutions this Year, which 
 we read in this Volume, divided into Three Books. The Collcdlion was made this 
 Year, but the Laws were made, fome before, and fome after this ; for many other 
 Conftitutions were added afterwards, whence they bear this Infcription, }2o'va Con- 
 ftitiitio. He would have the Conftitutions of the Kings of Sialy his Predeceffors 
 inferted in this Code, among thefche picked out many of King Roger I. his Grand- 
 father ^ fome o£ fl'illiam I. his Uncle, and a few ofll'illiam U. his Coufm-German, 
 of which we have treated at large in the preceding Books. He had no Regard for 
 what had been made by I'ancred and IVtlliam III. whom he did not look upon to 
 have been lawful Kings, but Ufurpers, as we have obfcrv'd elfewhere. Befides the 
 Conftitutions of thefe Princes his Predeceffors, he would have his own, pub- 
 lifh'd at different Times, on various Occafions, and in fundry Cities of his Kingdoms 
 oi Sicily and Pnglia, to be inferted, and he abrogated and repealed the antient 
 Laws and Cuftoms that any ways clafh'd with thefe Conftitutions, and ordain'd that 
 thefe alone fhould be obferv'd, and have all Force and Authority in the Kingdom 
 of Sialy^ which he calls Htsreditas pvetiofa '. And it muft be obferv'd, that by the 
 Kingdom of Sicily^ he means not only that Ifland, but likewife our Kingdom, which 
 was fometimes call'd Puglia, and Ibmetimes Sjcily on this Side the Pbare, and at laft 
 was call'd the Kingdom of Naples ; fo that they are widely miftaken, who reckon 
 the faid Conftitutions to have been made for the Ifland of Sicily only; neither is 
 Kamoiidetta to be pardon'd, for writing, that thele Laws were not made for the 
 People of that Ifland, but for thofe of the Kingdom of Naples only; which is fo 
 manifeft an Error, that there is not one Conftitution but what proves it to be fuch. 
 
 FREDERICK had eftablifh'd many Conftitutions for the Government of thefe 
 Realms before this Year 123 1 ^ ; and from the very Beginning of his Reign, after 
 the Guardianfhip of Innocent III. in feveral Parliaments held in Puglia, and other 
 Parts of the Kingdom, he began to enadt Laws. Befides thefe Laws which he made 
 in Rome after his Coronation by Honontis^ whereof we have fpoken in the preceding 
 Book, and which have no relation to ours, after his Coronation, when he came from 
 Rome to Capua in the Year 1220. he held a general Parliament for the Good of the 
 Kingdom, and publifh'd his Ordinances contain'd in twenty Chapters, according to 
 S. Germano ' : Et fe ve6lo tramite Capuam cojiferens, £5* regens ibi Curiam generalcm 
 pro bono fiat ii Regni fitas affifias (that is to fay, Regulations which were wont to be 
 eftablifh'd in General Courts for the publick Good, and the Benefit of the Vaffals •*) 
 promulgavit, quae fub •viginti capitulis continentur. 
 
 THERE are fome who write, that in the following Year 1221. he call'd a 
 General Meeting in Melphis, and publifh'd other Conftitutions ; but feeing Rtccardo 
 makes no mention of them, we will not take upon us to affirm it ; thofe, who have 
 written fo, have been deceiv'd by the Date, for, in the vulgar Editions, inRead of 
 1231. by an Error of the Prefs, we read 1221. Thefe other Conftitutions, which 
 we likewife find inferted in this Volume, according to Riccardo, were not publifh'd 
 this Year in Melpbis, but in MeJJina : Imperator per Apv.liam^ £^ Calabriam iter balenSy 
 felictte-i- in Siciliam transfretat, & Mejfautz regens Curiam generakm, quafdam ibi 
 ftatuit affijias obfervandas contra lufores, 6cc. which we alfb find in the Third Book, 
 under the Titles De bis qui ludtmt ad dados, &c. De blafpbewantibus Dcuni, &c. 
 
 THE fame Riccardo fays, that in the Year 1222. Frederick fua flatuta per Reg- 
 num dirigit in fingulis Civitatibus S Villis ; and in the Year 1224. many Laws were 
 publifh'd concerning the Eftablifhment of the Univerfity ereded in Naples, as we 
 
 ' Conftit. de legib. in princ. lib. i. §. pre- 
 fentes : Regnum Sicilice Santtioncs, & noftras, 
 &c. 
 
 * V. Audreys difp. Feud. cap. 1. num. i. 
 
 vhofa)! th»t the Conflitution, Ut dc SuccefHoni- 
 bus, •a.M made in tbc Tear izil . 
 
 ^ Ric. anno 1220. 
 
 * Uuircfne in GlofTar. v. Airifa. 
 
 have
 
 7 00 
 
 The Civil History oj 
 
 Book XVJ. 
 
 have obferv'd elfewhere ; and in the Conftitution 7itbil 'veterum '' there is mention 
 made of FrraVr/fA's Expedition into Low^rtrrfy to curb the rebellious Low^iir^j-, and 
 of his luddcn Return to PugUa^ which, according to Kiccardo'- and Errico Sterom^, 
 both of them Contemporary Writers, fell out in the Year 1226; and thus from 
 Time to Time afrer F/Tc/mcA returned ivom Pc.Ieflme in the Year 1229. he pub- 
 lifli'd other Conftitutions on various Occurrences'* ; and in the Beginning of this lame 
 Year 1231. Riccanio lays ', that Frederick, fent his Ordinances concerning the Con- 
 ceflions and Privileges granted by himfelf, and Kinaldo Duke of Spoleto, after he 
 went to Palefiiiic^ to Stefauo ^ Anglone his Chief Juftice of 'Terra di Lcivoro, order- 
 ing him to lay them before his Imperial Court by a certain Time, othervvife they 
 uere to be reputed void, and of no Force ; as we read in this Code under the Title 
 De Privilegiis in the Second Book. 
 
 A T the fame Time, according to Riccardo, he forbad his Barons to build new 
 Walls and Towers in their Towns and Cafties, as we alio read in the Third Book 
 under the Title De novis Edificiis : He likewife made other Laws concerning the 
 Subfidies which the Counts, Barons, and Prelates, who held Fiefs, were oblig'd to pay, 
 of which there are fome Veftiges remaining in the 'I'hree Books of thele Conftitutions. 
 And we have good Grounds to believe, that the fb famous and remarkable Con- 
 ftitution [iicon/imlcii/, full of Rigour and Severity againft the Patarem, and other 
 Hereticks of thefe Times, was publifti'd by Frederick in the Month o{ February this 
 very Year 123 1. to prevent the Mifchiefs, which their daily growing Number might 
 occafion in thefe Kingdoms. Kiccardo fays, that the Number of the Patareni 
 increas'd to that Degree in Italy, as even Rome itfelf, the Seat of Religion, was 
 defiled and infedcd, and great Rigour was us'd in order to extirpate them ; infomuth 
 that many, who continued obftinate in their Errors, were burnt, and others more 
 tractable, were imprifon'd in the Monafteries oi Monte Caffino and Can^a, to remain 
 there till they had abjur'd their Errors, and done Penance for them : And their 
 Number grew fo great, that they fpread further than Rome, and alfo began to infcdl 
 the Cities of our Kingdom, and efpecially iV^/)/^.f, where they grew to fuch Numbers, 
 that Frederick lent thither the Archbifhop o{ Reggio, and Riccardo di Priucipato his 
 Alarftial, to punifli them with Severity, and accordingly many of them were found 
 and imprilbn'd, and this was the Reafon that mov'd Frederick to publifli the follow- 
 ing Conftitution ^ for puniftiing Hereticks, thole that harbour'd them, and their 
 Abettors with the utmoft Severity ; thele are the Words of the Conftitution : Et 
 tanto ipfos perfeqtianmr injlantius, quanta in evidentiorem injuriam fidei Cbriftiaux, 
 frope Rovianam Ecclefiam, quae caput aliariim Ecclefiarum omtitim Judicatur, fuper^ 
 fiitionis fiwe feeler a latius exercere nofcmititr. Adeo quod ab Italia fiuibus, & prxfer- 
 tim a partibus Lonibardia, in quibits pro certo perpendivius ipforum nequttiain an/piitis 
 abuJidare, jam ufque ad regnum mfiritra Sicilix, ftix perfidix rivulos derivarmit. 
 ^lod acerb/jlliiunii repiit antes, fiatuinw.s, &c. 
 
 RICCARDO likewife writes, that in the Month of 7«Ke this very Year Frf- 
 derick made other new Conftitutions in Melphis : Cuufiitutioues iiovx, qux AiigitflaUs 
 dicunttir, apud Melfiam, Augufto niandante condunttir. And at the fame time Inquiry 
 was made De campangiis, falfariis, aleatoriitis, tabernaris, bomicidis, "vitam Jump- 
 tuofam ducentibus, probibita arma portautibus, & de violentiis mulierum ; and the 
 Guilty fuffer'd the Punilhments prelcrib'd in his different Conftitutions, which, under 
 their refpedtive Titles, we now read in this Code. 
 
 OF all thefe Conftitutions hitherto eftablifh'd by Frederick in the preceding Years, 
 on various Occafions, and of thofe of the Kings of Sicily his Predeceflbrs, Pietro delle 
 Vtgne this Year compifd that new Volume, which is now call'd the Conftitutions of 
 the Kingdom ; and in the Month of Auguji o( the laid Year 1 231. in a folemn AlTem- 
 bly held in Melpbis, all thefe Conftitutions, thus collected, were publilli'd to the 
 People, that now the antient Conftitutions being repealed, thefe were to be obferv'd. 
 Frederick fpeaks thus of them : Acctpite gratanier, O Populi, Conftitutiones ifias, tarn 
 injiidiciis, quam extra judiciapotitiiri. ^las per Magijlrtim Petritm de Viueis Capiui- 
 iiutn magna Curix nojtrx Judiceni, ^ fidelem noftrtim mandavinius compilari '. 
 
 ' De Offic. Magift. Inft. v. ficque nupcrrime. 
 
 * Ric. anno izi6. 
 
 ' In Chron. an. 1129. 
 
 ** Conft. cum concefliones de privilcg. lib. z. 
 
 ' Ric anno i2;i. 
 
 " Conftlr. Inconlutik-m. Conft. de Recepta- 
 toribus, Sec. lib. I. 
 
 ' Tit. ult. lib. ^. Conftic. 
 
 RICCARDO 
 
 /
 
 Book XVI. the K i n g d o m 0/ N A P L E S. 701 
 
 '• KICCAKDO in his Chronicle witncfTcth, that this was done in the Month of 
 Ju^uft 1231, Conft it lit tones Melfits piiblicatitur. And the old corred Editions, agree 
 with him in the Date; Atlim in Solemni Coufiftorio Melfienfi, anno Domini ex incurr.u- 
 tionis M. CC. XXXI. vienf'e Augufti, indifftonis qttartx. And the reading was the 
 lame in the -old Edition, of which onv Mittco dcW Afflitti made ufe, when he made 
 his large Commentary upon thele Conftitutions, not doubting that they werepublifli'd 
 that Year, a.s Matt eo liimfcJf writes ': Ex quo iftceCouftitutiones edit x fticr tint viai:- 
 dcinte di^o Imperatore per do^ifiwum itrum Pet nun dc Vmeis in anno Domini 1 2 3 1 . 
 Whence 'tis evident, that in the new and vulgar Editions, which are handed about, 
 there is a maniff-ft Error, in dating them in the Year 1221. 
 
 'T I S likewile to be obferv'd, that after this Work was publifh'd, Frcderiek made 
 other Conftitutions at different Times in the following Years, and which Taddeo di 
 Sejfa, Koffredo Beneventano, and laftly, Andrea^ and Bartolommeo di Capua, inferted 
 in this Code under their proper Titles, whence they are call'd Jslo'vx Conjlitutioues. 
 Thus did Frederick caufe to be publifh'd in the Month of February, the following 
 Year 1232, his Conftitutions De Mercatoribus, Artifietbus, Medicis, Aleatoribus^ 
 Daninis, Militibus, Notariis, &c. as we read in Riceardo's Chronicle, where we 
 mufl advert, that Wgbcllus, who caus'd this Chronicle to be printed in the third 
 Volume of his Italia Sacra, was in the wrong, after the Words ; Poji Miindi machi- 
 nam providentia Dinjinafirmatani, &c. to add thefe ; Harum aliquot Richardus Author 
 Htjlorix pomt, fed 7ios re/uittimus letioreni ad librum Conftitutionum Regni Steilix ; 
 whence 'tis clear, that thefe Words have been foifted in by Ibme Student, and are 
 no Part of the Text. We likewife find thefe Conftitutions inferted in the Volume 
 of our Conftitutions, as is clear from the'V'MXcs De Alsrcatonbus : De fide Me re a' 
 torum : De Medicis : De Aleatoribus ; or, De bis qui ludunt ad dados, and others, 
 which we read in the third Book. And in the Month of 06lober of this fame Year, 
 and in the fame Place, he publifli'd others concerning the Annona, Weights and 
 Meafurcs, and others which we read in the faid Chronicle, and whereof we have 
 ftill fome Veftiges in the Books of our Conftitutions : Menfe O£lobri in S. Gerniano 
 htijuftnodi fiint Imperiales AJJifix publicatx. And Frederick about the End of the 
 following Year 1233, having gone to Sicily, held a general Parliament \n Syraciifa^ 
 and made that famous Conftitution ; Utnulli, according to Riceardo, lieeat de filiis, 
 & filiabus Regni viatriinonia cum externis, & ad-vcntitiis, lel qui non fint de RegnOy 
 abfqt'.e ipfius Jpeciali reqiiifitione, mandate, feu con fen fu Curix fux contrahere, videlicet, 
 lit nee aliqux de Regno nubere alienigenis audeant, nee aliqui alienigenarum filtas 
 ducere in uxores, posna appofita omnium rerum fuarum amifjione. Which Conftitution 
 we read under the Title De Uxore non ducenda fine pennijfione Regis, then follows 
 that, which begins Honorcm nofiri Diadematis, wherein we find the fame Words of 
 Riceardo, and becaufe it was publifh'd this fame Year after that in Melpbis, it bears 
 this Infcription, Nova Conftitutio. Frederick had good Reafbn for making this Con- 
 ftitution, for feeing he had eftablifh'd by Law, that Women could fucceed to Fieis, 
 he did not think fit to allow them to marry into ftrange Families, and perhaps Ene- 
 mies to him, without the Confent of his Court, of which Conftitution we have 
 fpoken fufFiciently, when we had occafion to treat of King Roger's Laws, where 
 we cenfur'd Andrea d'Ifernia\ Error, who look'd upon it as a Reftraint upon the 
 Freedom of Marriage. After this Conftitution had been for a long Time in Force, 
 it was reform'd in our Kingdom by Charles II. and intirely abolifh'd in Sicily by- 
 King James. 
 
 FR E D ERICK, in order to fettle Peace and Tranquillity in his Dominions of 
 Sicily and Piiglia, made other Laws in the following Years ; and after he had, in 
 the Year 1243, appointed Fairs to be held in fome Cities, of which in their Place, 
 fb far as we can gather from Riceardo, who ends his Chronicle that lame Year, wc 
 find that he publifh'd diverfc other Conftitutions ; and in the Month of September 
 of the fame Year, we fee, that in Grojfetto quafdam edidit Sanfliones, according to 
 Riceardo, contra Judices, Advocatos, 8 Kotartos, quas per totum Regnum publican 
 frxcepit, ^ tenacitcr obfervari, quarum initium tale eji, nihil vcterum atithoritati detra- 
 littir, 6cc. which are his laft Conftitutions, and are likewife infcried in the firft 
 Book of the Volume of our Conftitutions, under the Title De Officio Magtfri 
 Juftitiarii, B Judicum Mignx Curix, which therefore bears the Infcription of 
 
 ' AfTlit. inpraelud. q i. num. i- 
 
 8 S Nov:l
 
 701 The Civil History of Book XVL 
 
 Nova Conjlittitio ; and under the Title De Advocatis ordinandis, with the Tw*""' 
 following. As all thefe Conftitutions related to the Kingdoms of Pitglia and Sicily, 
 there's no occafion, as we have obferv'd elfewhere, to confound them with the 
 Imperial ones eftablifh'd in Rome, or with thofe publifh'd in Germany^ to wit, in the 
 Year 121 3 in Egra^ and in 1234 in Fraiicfort, and in 1235 in Mentz^and elfewhere, 
 whereof Goldajiuf ' has made a CoUedtion, which may be read in his Volumes ; thefe 
 Conftitutions not being defign'd for our Kingdoms, had no Force or Authority in 
 them. 
 
 ' Goldaft. torn. i. pag. 77, 289, 290, 293, & torn. 2. pag. ji, & feqq. 
 
 SECT. I. 
 
 of the Ufe and Jtithority of thefe Con flit iit ions during the Reign of the 
 
 Suevi j and of their Expofttors. 
 
 WHEN thefe Conftitutions of the Emperor Frederick were publifh'd, and as 
 long as he liv'd, and during the Reign of the Houfe of Suevia, they were 
 nniverfally efteem'd as moft prudent, moft juft, as proceeding from confummate 
 Wifdom, and not exceeding the Power of a Prince. It did not appear ftrange 
 then to have inferted in thefe Volumes, the Conftitutions of Roger and IVilliam I. 
 of which we have treated in the preceding Books. Nor was it then thought amifs for 
 this Prince to have renew'd many Conftitutions concerning Matrimony, and the 
 Goods of the Churches, forbidding the Acquifition of Immoveables to Ecclefiafticks, 
 as by one of his Conftitutions, which we read in the third Book, under the Title 
 De rebus fi ah ilibus Ecclefiis non alisnandis, and fuch like. But when afterwards, by 
 the Intrigues of the Roman Pontiffs, mortal Enemies to the Houfe of Sae-via, the 
 Kingdom went to that of the Dukes of An j 011, and Counts of Provence^ as we fhall 
 relate, though C/j^r/w I. and II. order'd thefe Conftitutions to be oblcrv'd in the 
 Kingdom ' ; neverthelefs our Profeffors, who flourifh'd in the Reigns of the Kings 
 of the Houfe of Anjou, being Time-fervers, and Sticklers for the Popes, to whom 
 thefe Princes ow'd the Kingdom, began to revile fome of Frederick's Conftitutions, 
 looking upon them, according to the Maxims of thefe Times, as contrary to the 
 Intereft of the Court of Rome^ and therefore impertinent, wicked, unjuft and 
 prejudicial to the Ecclefiaftical Immunity, the Freedom of Matrimony, and fuch 
 like Things, infomuch, that none of them would comment upon the Conftitution 
 Be rebus Stabilibus Ecclefiis non alieuandis^ as being Sacrilegious, and, as was thought, 
 prejudicial to the Ecclefiaftical Immunity ; and Matteo d'Afflitto, who makes a fhorc 
 Commentary upon it, in the very beginning fays, Haec Conjlitutio nihil valet, quia 
 Imperator nonpotuit contra libertatem Ecclefiue^^ perfonarian Ecclefiajiicarum prchiberej 
 quod non reliquantur res Stabiles Ecclefix inter vivos, vel in ultima Voluntate ; as if 
 Frederick had been the firft that eftablifh'd it ; though he declares in the Conftitution, 
 that he did no more than renew what his Predeceffors had done, and what was, and 
 ought to be allow'd to all Princes in their Kingdoms and Dominions. 
 
 MAR J NO di Caramanico, the moft learn'd Gloftator, who flourifh'd under 
 Charles I. of the Houfe of Anjou, and wrote his Gloffes a little after the Confti- 
 tutions were publifh'd, under the Government of the Suevi % was the moft moderate 
 of all the Gloflators. In the Year 1269, in the Reign of Charles I. he was Judge 
 under the Governor of Naples K His Glofles are modeft, and learn'd, infomuch, 
 that with Pofterity he acquir'd the Name of an approv'd Gloffator, as Matteo 
 d'Afflitto calls him * : Thefe Conftitutions of this Prince did not appear fb ftrange 
 and extravagant to him, as they did to thofe that fucceeded him. He ftartcd no 
 Difficulty, whether they, as being promulg'd by Frederick, who was dethron'd, ought 
 to be obferv'd, and have the Force and Vigour of Laws ; he is for the Affirmative ^ 
 
 ' Cap. quod incipit, Conftitutlones, pag. 29. ' 
 Cap. quod incipit, ad perpetuum, pag. 36 Affl. 
 in prxlud. Conff. qu. i. num. 2- 
 
 * V. Andreys dlfp. Feud. cap. i. fc£l. i. 
 num. 2. 
 
 5 Fab. Jordan, in addit. ad proKm- Conftlr. 
 
 * Afflit. in prarlud. in princ. num 2. 
 
 and
 
 Book XVI. the Kingdom of N A P L IL S. 70 \ 
 
 and though it be by the by, and only {peaking of Frederick's having made and caus'd 
 them to publiHi'd, Antequam imperto prnnretur^ S de Kcz^m ' ; ycthclpcaks of the. 
 Power of our Princes, if not as he ought to have done, at lealt as much as he durfi 
 venture upon, at a Time when it was neccflary to humour the Popes, by whofc 
 Means the reigning Family had got Pofleflion of the Kingdom. Bartolovnneo di 
 Capua, and Sebajitaiio Niipodaiio, who fuccecded Marino, confin'd thcmfelves in 
 commenting on thcle ConlHtutions, to the fame or the like modeft Way, and Andrea 
 da Barleira, who was the firll that commented on them, was yet more referv'd, as 
 may be gather'd from Andrea d'/jiriiia % who liv'd under Frederick, and Fraud fco 
 ?f/f/f Attorney General, in the Year 1282, who likcwiie wrote upon the Conlli- 
 tutions of the Kingdom, and with whom Gefneriis and T'oppi agree. 
 
 B U T in the following Times, when the new Maxims of the Court of Kovie had 
 taken deeper Root, Andrea d'lfernia, in his Commentaries upon thefe Conftitutions, 
 as if he had been Frederick's mortal Enemy, revil'd the Memory of that Prince, 
 and condemn'd many of his Conftitutions, and among the reft, that forbidding 
 Barons to marry without the King's Pcrmifiion, and does not ftick to fay. That it 
 had brought Deftrv.nioneni animx tjiius Federicj prohibentts per obliquum matrimonia 
 inftttiita a Deo in Paradifo. 
 
 I S EK NIA fcrew'd up the Prctenfions of the Popes to the higheft Pitch, and 
 look'd upon this Kingdom as a true Fief of the Church ', and having imbib'd the 
 Maxims of the Ecclefiafticks, he ftufTd his Commentaries with Errors moft preju- 
 dicial to the Supreme Regalia of our Kings, the true and independent Monarchs of 
 this Realm. 
 
 LUC A di Pemia, Pietro di Mojiteforte, Diomede Mariconda, Biaggio di Morcoiie, 
 Pietro Arcamone, Giacopo, and Niccolo Kuffo, Sergio Domini Urfouis, Argentina^ 
 Painfilo MoUo, Ntccolo Capofcrofa, Pietro Piccolo di Monforte, Lallo di Tofcaua, 
 Giovanni Grillo, Cefare de Perinis, Giovanni Crifpano the Bifhop, and Ntccolo 
 Superanzio, and others, were more moderate, and contented themfelves with making 
 fome fhort Gloftes and Notes on thele Conftitutions, till under the Government of 
 the Kings of Arragon, Matteo d'Afflitto, in his declining Days, though very 
 uprightly, in the Year ijio, undertook to illuftrate them with more ample and 
 voluminous Commentaries, which he very furprizingly finilh'd in three Years Time. 
 
 THOUGH, for the moft Part, thele Conftitutions had been repeal'd, and 
 many of them in defuetude, becaufe of the new Caphula made by the Kings of the 
 Houfe of Anjou, yet in the Time of the Kings of the Houfe of Ar.igon, they were 
 in full Force and Vigour ; and Ferdinand I. of Aragcn, by a particular Conftitution 
 dated in Fcg^ia the 25th of December 1472, order'd them to be obferv'd in his 
 Kingdom * ; therefore Matteo d'Affiitto thought his Pains would be well beftow'd in 
 illuftrating them with a larger Commentary. And, as he himfelf fays, in the Courfe 
 of more than Forty Years, from the Time that Andrea d'Jfernia had made his Com- 
 ments, to his own Time, there had occurr'd to him, while he was firft Jud^e of 
 the High Court of the Vicaria, and afterwards Counfellor, Nine other Queftions 
 not treated of by Andrea. 
 
 BUT through the deprav'd Tafte of the Age, Matteo could not depart from 
 the common beaten Path, for he ftuff'd his Commentaries with idle and ufeleft 
 Queftions ; fuch as, Whether Frederick, though he had publifh'd thefe Conftitutions 
 before hisDepofition, could give them the Force and Vigour of Laws, lb as to 
 oblige his Subjects to obferve them, feeing he had been before excommunicated by 
 Gregory IX. and the Laws of an excommunicated Perfon are of no Force ? 
 
 THESE Difputes are altogether frivolous, not only becaufe the Laws were 
 binding on the People by their accepting of them ; but likewile beciufe in the Year 
 1 23 1, when Frederick publifh'd them, he had been ablblv'd by Gregory, and was 
 in Peace with the Church of Rome, as we havefaid. But there \sno occafion to lay 
 any Strefs upon that Reafon, becaufe Frederick was a lecond Time excommunicated 
 by Gregory'm the Year 1239, and though the Volume of his Conftitutions had been 
 publiflid ever fince the Year 123 1, yet, as we have faid above, he publifh'd fome 
 others after the faid Year 1239, ^o ^'^ '" 1243, and the following Years, when he 
 lay under Gregorys fecond Sentence of Excommunication, which Conftitutions were 
 
 ' Marin, de Caram- inProocm. Conftic. 
 ' Ifern. in Conftit. lib. j. de jur. Balii 
 
 ' Andr. in Proocm. Conflit. num. io8c lo. 
 '' Afflit. in Prxlud. qu i num i. 
 
 iniertcd
 
 704 7^^^ Civil History of Book 1\'l. 
 
 inferted in the faid Volume. Whence the moft judicious Men look upon it as 
 impertinent, and quite foreign to the Purpofc, to inquire whether Laws made b\' 
 a Prince under Sentence of Excommunication, be binding or not ; without inquir- 
 ing into the Validity of the Cenfures againft Frederick : '1 is certain. Excommunica- 
 tion has nothing to do with a Prince's legiflative Power, an eflential Part of the 
 Resale and inleparable from the Crown, which cannot be affeded by Excommu- 
 nication, which has no other Force or Effed, fuppofing it ever fo juft, than to 
 leparate a Perfon from the Communion of the Church, by rendering him incapable 
 of recei\ ing the Sacraments and Prayers thereof, or whatever elfe (he can beftow 
 en the Faithful j but not to unman People, and exclude them from civil Society, 
 much lels can it deprive Princes of their Dominions, the Adminiftration of Juftic'e, 
 and Power of making Laws j of which in another Place. 
 
 OUR Doftors, "who treat of Frederick's Depofition by Imioccnt IV. in the 
 Council of Lyons, and fay. That if thefe Conftitutions were made by him after his 
 Depofition in the Year 1 246, they were of no Force nor Authority, arc to be ex- 
 cus'd ; feeint' at that Time no body doubted of the Pope's having Power to depofe 
 Emperors from the Empire, and Kings from their Kingdoms, and abfclve theirValTals 
 from their Oaths, according to the Maxims with which the Minds of Men were then 
 befotted ; but now it has been clearly prov'd by able Divines and Lawyers, that 
 neither the Pope nor the Church herfelf have Power to depofe Princes, and much 
 lefs Emperors, or to abfolve Vafials from their Oaths ; for the Power of the Church 
 is reftridled to fpiritual Matters only, and fhe can take nothing away, but what is in 
 her Power to give ; whereas Princes hold their Dominions neither of the Church 
 nor the Pope, but of God, the only and fole Lord ; which, among others, has 
 been at lar^e demonftrated by that famous Divine of Paris, Dtipni ', and Ihall be 
 handled by us, when we come to treat of Frederick's Depofition. 
 
 AFTER thcfe ample and voluminous Commentaries of Matteo d'/ifflitto upon 
 the Conftitutions, our Profeflors, who fucceeded him, contented themfehes with 
 reading them, and making fome fhort Notes on them, and a few Additions to the 
 Commentaries oi Andrea d'ifernia, as the Counfellor Giacopo Anello de Bottis, Giov. 
 yiag-clo Pifanello, Fabio Giordano, Bartolommeo Marziale, Marc Antonio Pul'verino^ 
 and others did. But when the Houfe of Auflria fucceeded to that of Aragon, thefe 
 Conftitutions were in a great Meafure alter'd by their new Laws and Pragmaticks • 
 infomuch that our Profeflors wrote no more upon them, as fhall be told in a proper 
 Place ; neither were they any more fludied, but remain'd as Matteo d'Afflnto, and 
 thofe few who fucceeded him, left them ; and now fuch of them as are not repeal'd 
 or in defuetude, have with us all Force and Authority of Laws ; but 'tis quite other- 
 wift with the Longobard Laws, which have no Authority, and are altogether for- 
 
 gotten. 
 
 ' Dupln. de Antiq. Eccl. DIfcipl 
 
 T H E
 
 C 705 ] 
 
 THE 
 
 CIVIL HISTORY 
 
 Of the Kingdom of 
 
 NAPLES 
 
 BOOK XVII. 
 
 S the Peace lately concluded with Pope Gregory, was not 
 expefted to be of long Duration, fo there happen'd 
 new Grounds of Quarrel, which broke it ; and a cruel 
 and obftinate War was again begun, which long afflided 
 Italy^ the pernicious Effed:s whereof alfb reach'd our 
 Provinces, though they were not the Seat of it. Not- 
 withftanding the Peace made with Gregory, Frederick was 
 ftill jealous that he intended to make War anew in our 
 Kingdom ^ therefore this Year 1232, he caus'd all the 
 Caftles on the Borders of Cau/pagna to be fortify 'd and 
 provided i and in the beginning of the Year 1233, he 
 order 'd Lucera in Puglia, to be fortify 'd, and garrilbn'd with a greater Number of 
 Saracens^ and on the contrary, he made the Walls of ^roja to be levelled, becaufe 
 during the late Troubles, that City had been more favourable to the Pope, than 
 faithful to him '. He likewife caus'd the Caftles of I'raui, Bari, Naples and 
 Brind'.fi to be fortified ; and the Year following, he order'd Caftello Capuano in 
 Naples, to be inlarg'd, and lent Niccolo Cicala to Capt'.a,to overfec the building of a 
 new Caftle there, the Plan of which he had drawn with his own Hand upon the Hill 
 And after he had fupprefs'd the Rebellion of Bertoldo, Brother to the DiikeofSpoleto, 
 who had advis'd Bertcldo to fortify and defend Iiitrodccco, he banifh'd them both to 
 Germany. He likewife recover'd the City of Gacta, which took an Oath of Fidelity, 
 
 • Ric. S Germ. 
 
 8 T 
 
 bot')
 
 7o6 
 
 The Civil H i s to r y of 
 
 Book XYU. 
 
 both to him and his Son Conrade j and afterwards he fent thither Ettore d't Monte- 
 fiifculo, Juftice of 7'eyra di LaToro, who, by his Orders, appointed a Cuftom-houle, 
 ai'id deprived tliat City of the ConfuKhip, which hitherto it had injoy'd, and after 
 he had taken away the Power of creating Confuls, he lent Officers to command 
 there in his Name, and fortify 'd the Place with Thirty Towers. 
 
 BUT though, with fo much Precaution, he had ftor'd and fortify 'd the King- 
 dom, yet he was afraid that the Pope, by fbme Means or other, might fruftrate his 
 Defign of fubjeding Milan, and the other rebeUious Ciiclf Cities of Italy to his 
 Obedience. He had been taught by long Experience, that all the Defigns of the 
 Popes were to keep the{c Cities divided, and ftir up the C/.'f//jiagainfi: the Gbilellhies, 
 left the Emperors, by fubjedling all Italy, (hould have an itching Defire alfo to 
 fubjeft Komc and the State of the Church, which had been difmembred from the 
 Empire. And though Gregory, on Frederick's firft Motion againft the rebellious 
 Cities of Loiubardy, by means of his Legate, made up the Differences, and out of 
 leeming Zeal for Peace, was many times at great Pains to reconcile them ; never- 
 thelefs all thcfe Intrigues came to nothing, for in fettling the Articles of Agreement, 
 the Pope was ftill biafs'd in Favour of the Cities that were Enemies to the Houfe 
 of Siievia, fo that nothing could be concluded. Frederick, with good Realbn, 
 made heavy Complaints of the Pope, who made a very ungrateful Return for what 
 he had done for him, in making up the Differences betwixt him and the Komans, 
 who had often mutiny'd againft him in Koine, and forc'd him ignominioufly to leave 
 that City : he not only manag'd a Peace betwixt the Pope and the F.',niuns, and 
 thofe of Viterbo, but iikewife reduc'd the Kcmmis to the Pope's Obedience, and 
 made them receive him and the Cardinals with all Marks of Relpect and Sub- 
 miflion. 
 
 
 CHAP. I. 
 
 Henry King of Germany rehells ngahijl the Emperor Frederick 
 his Father : But behig overcome ^ is humbled j and Frederick 
 makes War againjl the Lombards in Italy 5 ^ope Gregory oppofes 
 him, and at laji excommunicates him. 
 
 H E S E Steps of Gregory, who was too much inclin'd to favour the 
 Cities that were Enemies to Frederick, made the Emperor fnfpe<ft 
 that he had incourag'd his Son //?«>-^ this Year 1234, to rile in 
 Rebellion ; and Bernardino Corio, follow'd by the modern Writers, 
 afferts it for a Truth, and fays. That Henry the eldefl Son of Fre- 
 derick, by Conftantia of Aragon, who, while a Child, had been 
 created King of the Romans by his Father, and afterwards married to Agnes of 
 Aiiftria, Daughter of Duke Leopold, by the Means of Gregory, enter'd into a 
 League with the People of the Milanefc, and the other confederate Cities of 
 Lombardy, againft his Father, and that the People of the Milanefe had promis'd to 
 crown Henry with the Iron Crown, as foon as he fhould arrive in Italy. 
 
 SIGONIUS and Kiccardo da S. Gcrmauo', relate the Matter otherwife, and 
 fay. That Henry's Rebellion did not begin in Italy, but in Germany, where, with 
 
 • Ric. ad ann. 1224. Hoc anno, quod Henricus Rex contra Imperatorem patrem fuum Scditio- 
 nem in Almannia feccrit, fama fuit. 
 
 fbme
 
 Book XVH. the Kmc DOM of NAPLES. 707 
 
 fome Barons, lie confpir'd againft the Emperor, and partly by Affedion, partly by 
 Force, brought over many Cities of that Country to his Intereft ; whereupon thole 
 of the MiLinefe^ and the Confederate Cities of Lombardy^ willing to catch at (b 
 favourable an Opportunity, fcnt to offer him the Iron Crown (which they had 
 deny'd to his Father) and a good Body of Troops, and Store of Arms, if he would 
 come in Perfon and make War in Italy. 
 
 CAMPO^ in the Hiftory of Cremoua, adds, that the Marfhal Anfelm, and 
 Valcbemis 'Taiiveinlrus^ Archdeacon of liurtzhirg^ came to Italy \n the Name of 
 Heim\ as King of the Romans^ to receive the Oath of Fealty ; and that when they 
 came to Milan on the 19th of December, they call'd an Aifcmbly, wherein the 
 Deputies of the Milauefe, thoih o{Bre/lia, Bologna, Lodi, Novara, and the Marquis 
 of Moiiferate, met and entered into a League againlt Frederick, Cremona, Padua, and 
 the other Cities that fidtd with him ; and took an Oath to Henry King of the Konians, 
 and agreed to be mod Faithful to him. But neither Sigouitis, nor Canipo aflign any Rea- 
 Ibn for this Quarrel betwixt //f;;/7 and the Emperor; but thefe being modern Authorii, 
 we muft look for the Truth in more antient Writers. Riccardo da S. Germaun, in 
 relating this Rebellion of /i^z/r^, gives us as little Account of the Caufe of it as 
 the reli ; however we have it recorded in the Chronicle of the Monaftery of S. Jttfiiim 
 of Padua, written by a Monk of that Mouaftery, who lived in Frederick's Time, 
 and wrote his Exploits, and the Tranfidtions of Italy to the Year 1270. with great 
 Judgment ; which Chronicle is prefcrved in the laid Monaftery, and is printed in 
 the Hiftorical Volume, intitled Rcrrim Germanicarim. 'Tis faid in this Chronicle, 
 that the Caule of Henrys Rebellion againft his Father, was Folly and a pettifh 
 Envy, becaufe Frederick lov'd his fecond Son Conrade, whom he had by Jole, more 
 than him ; and indeed, we find in Riccardo, and other Authors, that Frederick lov'd 
 Conrade dearly, and had a greater Regard for him than all his other Children '. 
 
 IN the Beginning of the Year 1235. Frederick hearing of his Son's Rebellion, 
 and that he was refblv'd to make War againft him in Italy, march'd towards 
 Germany, and upon the Borders thereof, was join'd by fome German Lords, where 
 having affemblcd a fufficient Army, he began a War with his Son, v/ho was follow'd 
 by many Barons and Cities ; but Henry, being afterwards deferted by them, and in 
 a manner left alone, went to his Father's Camp, and burfting forth in Tears, threw 
 himlelf at his Feet, and begg'd Pardon. Frederick receiv'd him, but by his by-paft 
 Behaviour being fenfible of his unruly Temper, he carried him with him Pr'lbner to 
 JVorms ' ; and whether he had adually attempted, or that it was only allcdg'd, that 
 he had defign'd to poifon his Father, he was put in clofe Prilbn, and committed to 
 the Charge of the Duke of Bavaria ; and afterwards Frederick, refolving to remove 
 him out of Germany, deliver'd him to the M-xt(\\x\s Lancia of Lombardy, with Orders 
 to conduct him to Puglta, which he did, and imprifbn'd him in the Caftle of 
 S. Felice % whole unhappy Death we fhall relate in its Place, 
 
 AFTER the Emperor had thus fupprefs'd this Rebellion, he married Ifalella 
 Daughter of the King of England, and the Marriage was with great Pomp Iblemniz'd 
 in IVorms on the 13th of Aitgiift, precilcly (even Years after the Death of Jole. 
 "Joannes Ciifptnianus , a German Author of good Account, in his Book De Cafaribus, 
 at que Iiiiperatoribiis Romanornm, lays, that Frederick had fix lawful Wives, and 
 places betwixt Jole and this Ifabella, Agnes Daughter of Otbo Duke of Moravia, 
 who being divorc'd by him, was married to Uldarick Duke of Carintbia ; the other 
 two were Rtttina Daughter of Otbo Count of IVulberJIjaufen in Bavaria, and Ifabella 
 Daughter of Leivis Duke of Bavaria, and that he had no Children by any of the 
 three laft. 
 
 B U T be that as it will, Frederick after his Marriage, laid a general Tax on the 
 Kingdom, and having got Conrade his fecond Son, to be created and crowned King 
 of the Rom'THs in Cnloz^n, in Place of the depos'd Henry, and left the Emprefs in 
 Germany, he went with Conrade to Italy, and vifited the Pope in Rieti, where, in his 
 own Prefence, he made his Son fwear to be faithful to the Pope, and obedient to 
 the Holy Church ; and then was very earneft with the Pope to afllft him dgainft his 
 
 ' Chron. Monaft. S. Jiiftin. Eodem anno ad 
 pctitioncm Regis Hciirici filii FcJerici Impcra- 
 torJs, Mcdiolancnfts, & alii odienrcs Impcrium, 
 Legates in Alemanniam direxeruat, & cum co 
 contra Imperatorem Suclctatcni firrnKTimain fla- 
 tuerunt ; conceplt cnim Rex dolorem, & pe- 
 
 pcrit iuiquitatcm contra proprium Genicorcm, 
 ideo quod vidcbat'.ir quod Iniperator plus co 
 puerjim Conradum dcligciet, &: tavcrct. 
 
 ' Sigon. de Reg. Ital. lib. 17. in fine. 
 
 ' Ric S. Germ. 
 
 rebelliou*
 
 7o8 T"/;^ C i V I L H I s T o R Y of Book XVII. 
 
 rebellious Lombards, with whom he was going to enter into a War : Gregory, who 
 was unwilling to have them fubdued, diflTuaded him, giving him great Hopes that he 
 would make up all their Difterences, and that they fhould return to their Allegiance ; 
 and eight ot the ten Years Truce, which Frederick had concluded with the Soldan, 
 being now pafs'd, Gregory, in order divert Frederick from the War with the Lnin- 
 bnrds^ refolv'd to renew that againft the Soldan ; for which end he ordered, that, 
 at the Expiration of the two Years, every Body (hould be ready to take on the Crols 
 for that holy Expedition, and wrote particular Letters dated the 9th oi September, to 
 all the Princes and Cities of Chriftendom, to acquaint them with this intended new 
 Expedition. But, according to Sigonius, Frederick, after a (liort ftay in our King- 
 dom, intent upon the War of Lombardy, return'd to his Army in Germany, m order 
 to march with it into Lombardy. Kiccardo da S. Germane, without mentioning the 
 Emperor's Progrefs to Kteti, lays, that this Year 1236. Frederick left his Son and 
 Wife in Germany, with a good Army pafs'd the y^lps, and came to I'erona, which is 
 likewile true j but Kiccardo s Purpofe being to give a particular Detail of Frederick's 
 Tranfaftions in our Kingdom, he touches upon Foreign Affairs by the by only ; 
 fo that for thefe we muft follow Sigonius ', who colledted them from the molt 
 a«tient Authors, and efpecially from Pietro Girardo of Padua, an Eye-witnefs, in 
 the Life of Ezelino. 
 
 SIGONIUS then fays, that Frederick being exceedingly vex'd at the obftinate 
 Rebellion of the greateft YuTt o( Italy, wrote from Germany to the Pope, that he 
 was no longer able to bear the outragious Behaviour of the Lombards towards him j 
 therefore he begg'd him, that he would either fall upon Means to put an End to 
 their Sedition, by an honourable Peace with the Empire, or aflift him againll: them, 
 and efpecially the People of the Mtlanefe, the Authors of all the JNlifchicfs, and 
 Favourers of the Heretjcks, and other licentious People ; it being very reafonable, thac 
 he fhould make a fuitable Return to what he had fb often done for the Church 
 againfl the Romans, thofe of Viterbo, and her other Rebels, who by his Means 
 were reduc'd to her Obedience. But Gregory, whofe Ends were quite different from 
 thole of Frederick, upon the Receipt of the Letter, anfwered him, That he ought 
 not to think of making War in Italy, but rather prepare himfelf for the War of the 
 Holy Land, and inform him with what he had to lay to the Charge of the Lombards, 
 that he might get him full Satisfadtion ; and foon after fent him the fame Meflage 
 hy Giacomo Pecoraro o{ Pavia, Cardinal o£ Prenefte. Frederick, highly incens'd at 
 this Anfwer, and plainly difcovering the Pope's Defigns, fent him a fmart Letter 
 recorded by Sigonius ', which begins Italia, hareditas eft inea, &c. and not mind- 
 ing the Pope's Anfwer, he fent another fuch Letter to a Prince his Friend, adding, 
 that the following Summer he would go to Italy, and on the Feaft of S. James hold a 
 General Court in Parma, and be reveng'd of all the by-paft Injuries. And accordingly 
 he was as good as his Word, for at the Time appointed, with a powerful Army of Ger- 
 mans, Neapolitans, Sicilians, and Saracens of Puglia, he march'd to Conftance, where 
 he was met by Ezelino, who fpurr'd him on to the War ; and after the People of the 
 Mtlanefe had in vain endeavour'd to hinder him, he pafs'd the ^^Ips, and march'd 
 to S^rcnt, and from thence to Ferona K He afterwards march'd into the Territories 
 of Mantua, where he was join'd by the People of the Cremonefe, Modenefc, and 
 others of his faithful Subjeds, and march'd to the Borders of the Brefctans ; and 
 after he had plunder'd and burnt all their Country, in the Month of Augttft he 
 march'd to Cremona, and from thence to Parma, where he called a Meeting of all 
 the Princes and Cities in Friendfhip with him ; and finding that his Enemies were 
 firmly refolv'd to keep up their Confederacy, it was refolv'd in this Affembly to 
 carry on a vigorous War againfl them. Vicenza was taken, fack'd and burnt, and 
 a great many of the Citizens kill'd and ruin'd : Having laid wafle the Country 
 round Padua, he befieg'd Trivigi, but being gallantly defended by Pietro T'lopolo 
 the Governor, it could not be taken ; and Salingucrra Lord of Ferrara, Ezelino" s 
 Brother-in-Law, left the Lombards, and return'd to his Allegiance. 
 
 M E A N while the Emperor had Advice, that in Germany, Federick, furnam'd 
 the M'arlike, Duke o( y^iiftria, had ri fen in Rebellion, whereupon, to prevent the 
 Mifchiefs it might occafion, he left a competent Army in Italy, and immediately 
 
 ' Sison. de Reg. Itaii«, lib, 18. 1 * Idem, loc. cit. lib. i3. anno ii;<>. 
 
 'Ric.S. Germ. 
 
 I 
 
 return'd
 
 Book XVII. ?/j^ K I N G D o M 0/ N A P L E S. 709 
 
 returii'd to Germany, where, according to Joannes Cufpiiiiauus in his Auflna^ after a 
 fhort War, with the Affiilance of Otho Duke of Bavavm, the Bifliop of lianiherv, 
 and many other German Prelate* and Barons, he took Vienna, and all the confider- 
 able Places belonging to the Duke of Aujtria. ; and Conrade the Emperor's Son, 
 failing down the Danube with a noble Retinue, join'd his Father, and remain'd with 
 him three Months in Vienna ; and feeing, that the rebellious Duke had PolTcflion 
 only of a few Places of his Dominions, he made Vienna an Impeiial City, and oave it 
 a Golden Eagle crown'd in a Field Sable for its Arms, which it keeps to thus Day. 
 Afterwards he held a general Dyet in Katisbon ; and Duke Frederick, after alternate 
 Succefi, in procefs of Time having recovered his Dominions, with Two hundred 
 well-armed Knights, came to Verona, and threw himlclf at the Emperor's Feet and 
 was not only kindly received, and his Rebellion pardon'd, but was adorn'd with 
 new Dignities, as may be feen in the fpecial Grant recorded by Cttfpinianus. 
 
 I N the mean Time Ezelino with Frederick's other Generals took Pa'via and 
 ^ri'vigi, with fome other Places in Lombardy and Marca, and made moft cruel 
 Slaughter in all the Places that were Enemies to the Emperor, and likewifc dro\e 
 Giordano Prior of S. Benedi^, and Arnaldo Abbot of S. Juflina from their Churches. 
 
 THESE Vidlories of Frederick much difpleafed the Pope, who feeing the 
 Forces of the Confederates daily dwindling away ; and, on the contrary, the 
 Emperor, lifted up with the Viftory he had obtained over the Duke of Anflria ; he 
 refolved to put a Stop to the Career of fo many Vidories, by propofing a Treaty of 
 Peace ; and for that End he fent Gregorio da Monlelongo the Protonotary, to tell 
 Frederick, that if he had any Regard for the Peace of the Church, and his Favour, 
 he would receive the Submillion of the Lombards, on the fame Condition that his 
 Grandfather Frederick, and his Father Henry had granted them by the Peace made 
 at Conftance, and that at his Defire he ought to remit fomething of his Right. But 
 Frederick, full of Indignation, feeing, that when he might rather have expeded 
 Afliftance from the Pope upon his Return to lialy againft the People of the Mtlanefe, 
 now he was interceding in their Favour, notwithftanding they were not only Ene- 
 mies to him, but to the very Church, being for the moft Part polluted with various 
 Herefies, would not fo much a5 hear the Propoials of his Meflenger ; whereupon 
 Gregory, after he had quieted the Tumults and Commotions rais'd in Rome againft 
 him by the Means of Pietro Frangipane, in order to be the better able to mind the 
 Defence of Lombardy, took off the Mask, and declared \\imfe\f Frederick's open 
 Enemy ; and though once more a Treaty was brought upon the Carpet, and on the 
 Part of the Emperor was to be managed by the Great Mafter of the Tentonick Order, 
 and Pietro delle Vtgne, and on the Part of the Pope, by Cardinal Kinaldo de Conti, 
 Gre^or/s Nephew, and Cwdm^X 1'ommafo di Capua-, yet it was to no purpofe, for 
 both Parties were fo elated and haughty, that not only nothing was concluded, but 
 fhortly after began that famous and cruel War, wherein happened that remarkable 
 Battle of Cortenuovo, to the total Ruin of the People of the Mtlanefe, and the con- 
 federated Cities, defcribed by many Authors ', and therefore we willingly pafs it 
 over : Frederick having gain'd a compleat Victory, was more proud of having made 
 Prifoner Pietro 1'iepolo the Son of Giacomo Doge of Venice his bitter Enemy, Chief 
 Magirtrate and Governor of Milan, than of any Thing that had happened i and 
 after the Manner of the antient Romans, he made a Triumphal Entry into Cremona, 
 in a Chariot taken from the Milancfe, wherein confided the Glory of Vidory in 
 thefe Times, and he ordered I'lopolo to be tied to a Poft, with a Rope about his 
 Neck, and fhortly after to be hang'd. 
 
 A S this Victory gain'd Frederick great Reputation, fo it ftruck flich Terror into 
 ail Lombardy, that, except Milan and Bologna, all the reft of the Cities fubmitted to 
 him, and the Students of the Univerfity of 5o/o^«^, who, contrary to the Emperor's 
 Orders, had ftaid there, becaule the Univerfity of Naples, to which they had been 
 commanded to go, was in a bad Condition by rcafbn of the frequent Wars, were 
 terribly afraid. 
 
 WHILE the Emperor was \n Lodi, there came to him from Napless noble 
 Embaffy, to beg of him in the Name of the Body of the People, and of the Maftcrs 
 and Students, to caufe their Univerfity to be reform'd, and put upon a better 
 
 ' Ric. S. Germ. The Chronicle of Fr. of 5. Juftlna. Pietro dellc Vigne'; L(tt:rs, fol. 504 & :}07 
 Sigon.de Reg. Ital. lib. 18. 
 
 8 U Footing;
 
 7 to The Civil History of Book XV 11. 
 
 Pooting ; with which Requeft of the Ambafladors he moft willingly complied, and 
 gave Orders to his Minifters to put it in Execution, and at the lame Time forbad 
 Students from the Countries of the MiLviefe, Brefcia, Piaceuza, /llejfiVidrtct^ Bclo^na^ 
 and ?r/X)/^i, Enemies to him and the Empire, to be received into the Univerlity, 
 and ordered only thofe oi'tufcany, Marca, the Dukedom of Spolcio, and CampagUii 
 di Rowa, who were all Partifans of his Son Eutius King of Sardnita, whom he had 
 made Vicar of Italy, to be admitted, as may be feen in fome Writs of Frederick's 
 Regifter, which is the only one of that Emperor preferved in the Royal Archives ; 
 for all the Records of the Sue-vian Princes that were in Naples^ were carried away 
 and deftroyed by the Vidtorious Frciich'm the Time of Charles I. and none left but 
 this intire Regifter of Frederick of «he Year 1239. wherein the City of Naples is cry'd 
 up, and the Franchifes of the Students, and particular Direftions how they were to 
 perform their Exercifts, are fet down. 
 
 H E likewiie ordered the faid Reform of the Univerfity by a particular Letter 
 direded to the Governor of the Kingdom of Sicily, recorded by Pietro delle Vigue ' , 
 and having alio ordered all other publick Schools in Naples and Sicily to be put down, 
 he wrote afterwards to the Juftice of ^erra dt La'Voro, that notwichftanding the laid 
 Order he was not to moleft thofe who taught Grammar, becaule it was proper for the 
 firft Inftruftion of Children. 
 
 A T this fame Time Frederick, in order to fhew his Gratitude to Ezelino for his 
 exceeding Courage and Loyalty at the Battle of Corteiioia, and the other \\ ars of 
 Italy, gave him in Marriage Selvaggia his baftard Daughter. 
 
 FKE DEKICK now Vidorious, and to whom the greateft Part of Italy hid 
 fubmitted, was refolved to fubdue it intirely, and to conquer Milan, Piaccnza, 
 Bologna, Faenza, and fome other Cities, which as yet continued in Rebellion i 
 whereupon he left Italy, and return'd to Germany, m order to aflcmblc a great Army, 
 and return the following Spring. 
 
 POPE Gregory \\d.s grievoufly vexed at thefe Defigns of Frederick, and afraid 
 that with his Power he might overturn the Dominions of the Church ; lb that there 
 being none in Italy to whom he could have recourfe, he relblv'd to beg Afliftance 
 from foreign Princes j therefore he {ent Ambafladors to James King of Arragnn, 
 called the Conqueror, a Prince much efteemed in thele Time?, on account of his 
 noble and gallant Exploits in driving the Moors out of many Kingdoms of Spam, to 
 invite him in the Name of himlelf and the confederated Cities, to come and make 
 y^ ax 3ig!k\nfi Frederick, promifing to make him Y^ord of Lnmlardy^ and pay him all 
 the Revenues and Honours that were wont to be paid to the Emperors. King 
 'James was then at the Siege of Valencia, held out by the Moors, and being offended 
 with Frederick, becaufe he had imprilbn'd his Son Henry, who, by his Mother Con- 
 fiantia, was his Coufm-German, confented to the Pope's Propofal, and promlled to 
 alTift him with Two thouland Horfe, and made other Conditions recorded by 
 Hteronymus Zurita j but whatever might be the Occafion, King Ja/iies never came 
 to Italy, but indeed his Son King Peter came, though much againft the Inclinations 
 of the fucceeding Popes ; and by Virtue of the Rights of the Houfe of Siievta, 
 which his Wife Conftaiitia brought him, he bravely fubjedted Sicily to his Dominion, 
 as (hall hereafter be related. 
 
 I N the mean time Frederick having raifed a great Army inGermany, gave the Com- 
 mand of it to his Son Conrade, with Orders to follow him to Verona ; and he himielf 
 advanced, and without Oppofition fubdu'd Vercelli, I'urin, and all the other neigh- 
 bouring Cities and Places; and in the Month of July following. King Conrade pals'd 
 the Alps, and with many German Prelates and Lords, and a numerous Armv came 
 to Verona, where his Father was waiting for him, and from thence they march'd to 
 Cremona, and then to Padua, where the Emperor held a General Meeting. 1 he People 
 of the Milanefe terrified at lb great Preparation.*:, and having but few 1 roops, begg'd 
 of the Pope »o intercede for them with the Emperor, and lent Ambafladors humbly 
 to ask Peace of him, offering to fend Ten thouland Soldiers for the Relief of the 
 Holy Land, provided their City might enjoy the fame Freedom it then polVefs'd. 
 Frederick fcorxim^ their Offer, anfwer'd them, that if they would deliver up thcm- 
 lelves and their City without any Condition, to his Will and Pleafure, he would 
 accept of them ; but they, afraid of Frederick's Cruelty, refolv'd r.ither to die 
 
 ^ Epift. Pet. de Vinels, fol. 399. vhich hglni, SoUlcItudo contlnua, &c. 
 
 tirjde
 
 Book XVII. r/:?^ K r N G D o M 0/ N A P L E S. 1 1 i 
 
 under Arms in the Field like brave Soldiers, than be burnt, or ftarv'd in Pri/bn or 
 hang'd ; whereupon being obitinately bent on defending themlelvcs, they ftrcngthen'd 
 the Walls and Ditches of their City, and provided it with Soldiers arid Arms and 
 took Afliftance whcre-ever they could find it. Frederick hiving put an End to the 
 Afllmbly, divided his Army into two Bodies, and with one he be(ie<»cd Bre'cia^ 
 and fent the other againft Aujfandria, and with continual Attacks harais'd thele two 
 Cities, and laid waftc their Territories ; but falling ihort of Money for carrying on 
 fo cruel a War, by the Advice of his Minifters he laid a Tax upon the Goods of 
 the Churches and Ecclefiafticks, at which Gregory being offended, ilnt him Word 
 while he was at this Siege, not to meddle with the Privileges of the Church i where- 
 upon Frederick^ in order to pacity him, and defend himfelf againlt thelc Accufations 
 thought fit to fend the Archbifhop oi Palermo, the Bifhop of Rc't^Io, 7'addeo da Seffa 
 and Kug^iero Porcaprel/o, his Ambalfadors to the Pope, then 'itiy^lagna, where they 
 found him exceedingly inrag'd ; upon which they lent back the Archbifhop of 
 Palermo to acquaint the Emperor with the Pope's Pleafure, who, notwithftandino' 
 the fo many Revolts in Italy, which oblig'd Frederick not to leave it, ftill infiftcd 
 upon the Expedition to the Holy Land, and invited many Princes to go thither • 
 on the contrary, Frederick, intent on the Affairs oi Italy, would not beconceni'd in 
 that Expedition ; but the Time of the Truce being expir'd, he renew'd it for other 
 ten Years, and forbid Kiiialdus of Bavaria, his Vicar in that Kingdom, upon any 
 account to make War againft the Saracens. Notwithftanding this Truce, Gregory 
 perfifted in his Relblution, for he ient many Monks to diverfe Countries of Cbrijfai- 
 dom, to exhort the People to take on the Crols, and go to Palefihie, whereupon a 
 great Number of the Faithful, both Germans, Italians, and French affembled ; but 
 this Expedition was very unfortunate, for, though Frederick had given free Paffige 
 through his Dominions, yet there not being a Fleet, nor a fufficient Number of 
 Tranfports for fb great a Body of Men, the greateft Part fet out to go over Land, 
 and died of Fatigue and want of Neceffaries. 
 
 A T this very Time there happened a new Ground of Difcord betwixt the Pope 
 and Frederick : Eutiiis his baftard Son, according to Kiccardo da S. Germane, mar- 
 ried in Sardinia, by Virtue of which Marriage he took Pcffeflion of the Jurifdidion 
 of Torre Gallura : Gregory, who pretended that thefe Places by antient Right belong'd 
 to the Church, was much offended, and fent many Meffages to Frederick, requiring 
 him to order the Rights of the Church to be reftored; but the Emperor anfwered. 
 That that Ifland belong'd to the Empire, and that his Grandfather Barbarojfa 
 who had a Right to it, inverted ^iclfus his Uncle by the Mother with it, and gave 
 him the Title of Prince ; and afterwards inverted Bari/hn Judge of Arbor e a with it, 
 and gave him the Title of King ; and in procefs of Time gave it to the Pifans and 
 Gencefe : So that he not only would not rertore it, but at this very Time created his 
 Son Eiitius King of it, who was no fooner crown'd, than he got fbme powerful Barons 
 of the Ifland to poffefs thcmfelves of many Territories and Cartles, which the Bifhops 
 of that Kingdom had appropriated to themfelves. Thefe new Incidents, and the 
 Emperor's growing Power, gave the Pope lb much Uneafmefs, that about the Begin- 
 ning of this new Year 1239. he fent Letters to Frederick, exhorting him to defift 
 from incroaching upon the Rights of the Church ; but the Emperor anfwered him, 
 that ever fince his Coronation he made it his Study to have the Rights of the Empire 
 reftor'd, and therefore had taken Poffeflion of thole Places belonging to it, and that 
 he ought not to take it in ill part, it being lawful for every Man to recover his own. 
 fli-fg; 17 highly offended, order 'd him to rertore them under Pain of Excommunica- 
 tion, which Frederick likewife flighting, he was publickly excommunicated in Rome 
 on holy 1'biirfday this Year, in Prefence of all the Cardinals, and a Multitude of 
 Spectators conven'd to be Witnelfes to the Ceremony. This Excommunication, 
 containing many Accufations againrt Frederick, is recorded by Sigonius ', and by 
 Bzoviiis in his Annals, and begins: Excoinmunicariius, &anathemattzamus, ex parte 
 Dei Omnipotentis, &c. After Gregory in moft dreadful Terms had declared the 
 Emperor excommunicated, he intimated this Excommunication to Baldwin Emperor 
 of Conjl ant inople, James K\ng of Arragon, Ferdinand K^ing oi Cafltle, Lewis King of 
 France, and iVtlltam King of Scotland, and to all the other Kings and Princes of 
 Chriftendom; and befides, fent Orders to all Prelates, and particularly thofe of 
 
 ' Sigon. de Reg Ital. lib. x8. 
 
 GermiWiy^
 
 7 \ t The Civil History of Book XVII. 
 
 Girinaiiy, to publifh in their Churches the Excommunication, and abfolv'd hisVaflals 
 from their Oaths of Fealty, and interdidted all thofe that obeyed him. And Matbe-j; 
 Parts writes'^ that akev Gregory had aWolved the Emperor's Subjcds from their 
 Allegiance, he wrote to Robert Brother of Le-jiis King of France^ offering him the 
 Empire, and that the King of France upon this Offer call'd a Council of all the 
 Princes of France^ to confult what was fit to be done, and all of them in publick 
 Affembly condemn'd the arrogant Condudl of the Pope, in thefe Terms ; ^ua 
 Spiritu^ lel aufu tevterario Papa tantuni Principem, quo non efi major inter OjriJliauoSy. 
 mn CMvi(iiini, & cctifejfum de objects fibi crminibus exheredavtt ^ S ab Imperiali 
 apice prxapitavit ? Scimus quod Domino Jefu Chrifto fideliter milita'vit in orieutey S 
 beliicti fe pericitiis, mifidenter oppofiens, tantum religionis in Papa non in'venimus. 
 Imo qui eum debutt promoviffe, B Deo militantem protexijfe^ eim conatus efi abfeutcm 
 confundere, & neq-uiter fupplantare. Nclunius nsfmetipfos in tanta periaila prxcipitayey 
 lit ipftiin Federicum tavi potentem impuznenius, quern tot Regna contra juvabunt^ £? 
 caufa jufia prcefiabit adminiculum. ^iid ad Romanos de prodtga fanguinis nofiri effu- 
 fione^ durnmodo irae fux fatisfacerimus, fi enim per fios, & alios devicerit bwnes Prin- 
 apes Mundi, concukabit fumens cornua jaSlanitx, & fuperbiam, qttoniatn ipfum Fede- 
 rtcmn Imperatorem Magnum contrirerit. 
 
 WHILE Frederick with great Solemnity was celebrating Eafier in Padiia^ on 
 the Monday of that Feaft, News was brought him, that on Holy "tburfday the Pope 
 had publickly excommunicated him ; and though he was inwardly vex'd, yet he 
 feemed no-ways concerned ; and looking upon the Cenfure as unjuft, he imme- 
 diately called an Aflembly of the raofl eminent Citizens of Padua, and Ttalian and 
 German Lords in the Town-Houfe, and, according to Peter Gerard, Pietro delle 
 T'lgne his High Chancellor made a long Oration in his Defence, complaining of 
 Gregory^ and beginning his Difcourfe with this Sentence : Leniter ex merito quid quid 
 patiere ferendnm efi : ^ca venit indigne pana, dr.lenda Tf?/// ; faying, ihzLl Frederick 
 who governed his Dominions fo uprightly, was heinoufly injur'd by the Pope, and 
 was not to be reckon'd without the Pale of the Church, feeing he was fo unjuflly 
 excommunicated, and like a good Chriftian, was ready to fubmit himfelf to the 
 Holy Apoflolical See, in all Things which Divine Juftice required, but not to the 
 Caprice of a Alan \ Therefore the Emperor, without minding the Excommunica- 
 tion, left Padua, and with a noble Company of Barons went to T'ri-vigi, where he 
 was honourably received, and wrote Letters to the Cardinals and Reruns, checking 
 theni for having confented to the unjuft Excommunication. He lilcewife wrote to 
 . all Chriftian Princes, clearing himlelf from the Afperfions caft upon him by the 
 Pope, and charging both him and his Cardinals with enormous Crimes j which 
 Letters are to be feen in the Books of Pietro delle Vigne, wherein he fhews how 
 unjuftly he had been abus'd by the Pope. Then he returned to Padua, and labour'd 
 with all his Might to make the moft confiderable Lords of Italy his Friends, in order 
 to make Head againft the Pope, and bent all his Thoughts on the \\'ar of Italy. 
 
 THE Pope, after this Excommunication, by the Means of Monks and Friars, 
 did all he could to imbroil the Kingdom ; but Frederick, though ingag'd in the War 
 ofLonibardy, prevented him, by turning all the Monks out of the Monaftcry of 
 Monte Cajfmo, leaving only eight to perform the Divine Offices over the Body of 
 S. Benedict, and fending a Guard of Soldiers to keep the Monaftery ; and having 
 made a ftrong Garrifon of it, he took out the old Treafure, and the facred Veffels 
 of Gold and Silver, which for many Years, by the provident Care of the Monks, 
 and the Munificence of former Kings, Lords and Barons of the Kingdom, had been 
 amafs'd He likewife took Po7itecor^o, and the Caftle Imola from thele Fathers. 
 He alfb commanded all the Natives of the Kingdom, then at the Court of Rome, to 
 leave it, except thofe in the Service of Cardinal Tommafi, and Giovanni di Capua 
 his Vallals. He banifh'd the Bifhops of Aquino, Carniola, I'eano, and Venafro from 
 their Churches and the Kingdom. He levied a Subfidy upon all Cathedral Churches, 
 the Monaftery of Cajfmo, and all their Vaffals, and ordered Ruggier di Landclfo, 
 and Giacomo Gazzolo to be Colledors for the Diflriifl of I'erra di Lavnro, and to 
 levy the Half of their Incomes, with part of which the Soldiers that guarded J\Icnts 
 Cajfmo and Pontecowo were to be maintain'd. 
 
 ,' Matth. Paris, in Henric III. ^ SIgon. loc cic 
 
 AND
 
 Book XVII. //^^ K I N G D o M 0/ N A P L E S. 71^ 
 
 A ND at the fame Time he ordered the underwritten Articles to be publifh'd 
 over all the Kingdom, and to be inviolably obfcrvcd, and they are recorded by 
 Kkcardo '. 
 
 FIRST, That all the Friars of S. Dominick, and the Friars Minors of S. Francis, 
 Natives of the rebellious Cities and Territories of Lonibardy, fhall immediately depart 
 his Dominions ; and all the other Religious fhall give Security to do nothing con- 
 trary to his Intereft. II. That all Barons and Knights, that heretofore have fided 
 with the Pope, and efpccially thofe whofe Baronies are fituated on the Confines of 
 ^Ibri'.zzo and Cavif'i.^rta^ fhall go with Horfe and Arms tofcrve in the Army \nLnm- 
 lardy at their own Charges, and thofe who have not wherewithal, fliall receive Pay. 
 III. That there fhall be levied for his Ule upon Cathedral Churches, a Subfidy 
 according to their Riches, and likewife upon the Canons, Priefts, and other Clergy 
 ofthefe Diocefcs, according to their Ability j and the fame fhall be levied upon 
 the Abbots, white and black Friars. IV. That all thofe, who are at the Court of 
 Rome, excepting thofe who are exempted, and all fufpefted Perfbns, fhall immediately 
 return to the Kingdom, ocherwife their Goods fhall be confifcated i and after being 
 lummoned, if they don't obey, they fhall never be fiifFercd to return. V. That the 
 Goods and Benefices of fiich Clergy, as are not Natives of the Kingdom, fhall be 
 all confifcated. VI. That none fhall go out of the Kingdom to Koine, nor return to 
 it from Rome, without a Licence from the Juftices of the Provinces of Alrnzzo and 
 ^erra dt Lat'cro. VII. Spies fhall be appointed, to fearch both Men and Women 
 coming into the Kingdom, for Letters from the Pope againfl him, and if any fhall 
 be found, the Bearers, whether of the Clergy or Laity, fhall fuffcr Death. 
 
 FREDERICK, though now at odds with the Pope, fent the Bilhops of 
 S. y4g_.-!ta and CjIvi to Ro7!2e, in order to treat with the Cardinals about an Accom- 
 modation i but as foon as Gregory underftood that they were come to Rome, he 
 ordered them to be gone, and they return'd without doing any Thing '. 
 
 Ric ad anno ii;^. 
 
 Idem, anno 1259. 
 
 CHAP. II. 
 
 jin Open War Ireaks out het<w'ixt Frederick atid ^ope Gregory, <who 
 after he had been every way worjied by the Emperor ^ dies of Grief 
 
 OTH Parties being now fuificiently exalperated, the Pope caufes 
 Ravenna to revolt from the Emperor to the Venetians. Frederick 
 recalls into Italy his Son Eutiiis, who, with a good Body of Pugliau, 
 German, Sicilian, and Saracen Troops coming from Sardinia, invades 
 Marca d^Ancona, and begins the War againfl the Pope. Gregory 
 fent Cardinal Giovanni Colonna his Legate to defend that Country, 
 and in the Month oi November 1239. confirm'd the Cenfures againfl Frederick, and 
 excommunicated King Etitius, with all his Followers, for having entered Marca in 
 a hoflile Manner, ^lam juris ejfe diccbat Ecclcfx, according to Ricc^irdo. 
 
 THE Popefoiliciced thcVenetians, who had already difcover'd themfelvcs to be Ene- 
 mies to Frederick, to make War upon him, and they with their Fleet invaded Pugliaj 
 whereupon Frederick hearing that fome of his Barons o( Puglia, to favour this Inva- 
 fion, had rebell'd, refblv'd to go thither ; therefore having put good Girrifbns into 
 
 8 X ' the
 
 714 !Z"/j(? Ci V I L H I s T o R.Y of Book. A VII- 
 
 the moft confiderablc Cities of Lo a/hardy ^ he palVd the Jlppenuhies, and arrived at 
 Liiccn, and from thence he march'd to Pifa^ where he ftopp'd feme Days, and 
 ins;ac'd the Pifaiis to make War upon the Gemefe, and got many of the People of 
 3^///cj;n' to join him. At the fame Time Elias the Monk, a Difciple of S. Fnuicis 
 oi yljfift, offended with the Pope, becaule he had (hewn himfelf more favourable to 
 fome of his Order, whom he hated, than to him, likcwife fidcd with Frederick^ 
 and became one of his Abettors ; whence we fee Ibme of the Emperor's Letters 
 written in his Favour, and particularly one to the King oi Cyprus, wherein he highly 
 commends him, and (hews that he had a great Regard for him. 
 
 BERNARDINO COIRO relates, that before Frederick left Loi>ibardy, 
 Tletro dclle Vigue, Andrea di Cicala, Pandolfo delta Fafanella, and Jacopo di Morra, 
 wirli many more of his chief Barons, influenc'd by the Milanefc, conlpired to 
 murder him in the midft of his own Army ; and that the Emperor being apprized of 
 their Trealbn, caus'd Pictro's Eyes to be put out, and the reft to be put to different 
 Sorts of crutl Death : But Cairo is grofly miftaken in this Story, which, perhaps, 
 he has taken from fome Author, who unadvifedly has written it before him, for we 
 read of no fuch Fad, either in Riccarao da S. Germano, or in any Writer of thele 
 Times ; on the contrary, Andrea di Cicala, after the Death of Errico di Morra, 
 was made Lord Chief Juftice, and for a long Time ferv'd Frederick very faithfully ; 
 and the Rebellion of the S. Scveriiii, 'Teobaldo Francefco, Fafanella, and the other 
 Barons, with the Ruin of Pietro delle Figne, happen'd in Pitglia a confiderablc 
 Time after, and upon another Account than what Coiro tells, as we Ihall Ihew 
 hereafter. 
 
 AFTER Frederick had made his Son Ei'.tius his Lieutenant in Italy, and fent 
 him with a good Body of Troops to take PofTeflion of Marc a d'Ancona, he himlclf 
 with the reft of the Army on another Side enter'd the Dukedom of .i/io/ffc, and other 
 Parts of the Patrimony of the Church ; and in the Beginning of this Year 1240. Fi{l- 
 giuo, Viterbo, Orta, Cnita CaJfellana,Coriieto, SiUri, Mo)iteJiaJco)ie, and Tc'/caiiclla, vikh 
 many other Caftlcs furrender'd to him i which fo terrified the Pope, that he had 
 recourfe to Prayers ; and having taken out the Heads of S. Peter and S. Paul, with 
 the Wood of our Saviour's Crofs, accompanied by all the Clergy, and almoft all 
 the People of Rome, he carried them in Proceflion from S. Jobn Lateran to 
 S. Peter s Church, where he made a long Speech upon the Mifcries, which the 
 Church of God, as he faid, fiiffered by Frederick, and publilh'd a Crufade againft 
 him, as a cruel Enemy to God and his Minifters, and with his Difcourfe animated 
 many of his Hearers to put on the Crols. And alter he had aficmbled a confider- 
 ablc Army of them and his other Soldiers, they march'd out to fight the Emperor, 
 and had fiequent Skirmifiies with him, which fo exafperated Frederick, that as many 
 of the Crocejigitati as he took Priibners, he either caufed their Heads to be cloven in 
 four Pieces, or with a red hot Iron branded them on the Forehead with the Sign of 
 the Crofs ; and after he had caus'd the Territories of Rome to be pillag'd and burnt, 
 he march'd into Piiglia, whither a little before he had fent the Emprefs his Wife, 
 accompanitd by the Archbifiiop of Palermo, and did all he could to drive theVejietiaus 
 from that Coaft, which they had been fcowring with Twenty-five Gallies, and had 
 pillag'd 'J'ermoli, Campomarim, Vefii, Rods, and other Caftles; and had met near 
 Brindifi, a Tranfport returning from Palefiine with German Soldiers, which, after an 
 obftinate Fight, becaufe they defended themfelves relblutely, the Venetians burnt 
 and funk. Frederick not able to remedy thefe Lofles, out of Revenge caus'd Pietro 
 ^tepolo, their Doge's Son, to be hang'd in their Sight, on a Tower in I'rani near the 
 Sea-ftiore ; and after the Venetians had harafs'd the Coafl till the Month of Oifober^ 
 loaded with Booty, without any Oppofition they return'd to Venice. 
 
 A T the lame time Pope Gregory, by the Advice of the Cardinals, refolv'd to 
 call a general Council to be held in the Lateran the Elajier following, to remedy the 
 bad State of the Affairs of the Church, and relieve Paleftine, and for that end fent 
 Giacomo Pccoraro di Paiua Cardinal of Prenefle, and Ottone Bianco his Legates, to 
 Spain, France, England and Scotland, to invite the Bilhops and Prelates of thele 
 Kingdoms to come to the Council, in order to defend the Rights of the Church 
 againft the Emperor, giving them an account of the Wars and Perfecutions fhe daily 
 fuffer'd. As foon as Frederick was appris'd of this, he left no Stone unturn'd to 
 hinder the Ultramountain Prelates from coming to the Council, and for that Purpofe 
 he wrote to the King of England, by no means to fuffer his Bilhops to leave the 
 
 Kingdom,
 
 Book XVII. the K I ^i r, D o \i of K A ? L E S. 715 
 
 Kingdom, and threatned the German and French Prelates, if they (hould venture 
 to come ; and in order to be as good as his Word, he fent his Son Eutius with a 
 powerful Army to the Co.ift of Genoa, to prevent their coming, and to make all 
 of them Fnlbncrs that fhould fall into his Hands, and to harals the Territories of 
 Genoa to the utmoft of his Power, becaufc that State fided with the Pope. Frederick 
 was at this Time in a moft tlourifhing Condition, both as to Men and Money, having 
 Five great Armies in his Pay ; for, befides that which was bcfieging Faenza, and 
 the oLher in the Genoefe, he had a Third in Marca d'Ancona, and the Valle , of 
 Spolelo, whereof, as m;iy be lecn in Ptetro delle Vigue's Letters, M.vino d'Evolt was 
 Captain General. 1 !ic Fourth was in Palefiiue, under Kodolphus his Marfhal, and 
 the Fifth in Germany, commanded by his Son Conra.ie, defign'd for the Afliftance of 
 Bela King of Hnugary, againfi: the T'nrtars, who, a little before, had come out of 
 the remotcft Parts of Scytbia, and like a Deluge, had over-run, and conquer'd the 
 greateil: Part oi Afia-, and being Vidorious and Powerful, they had divided them- 
 fclvcs into feveral Armies, one of which having come into Europe, had defeated 
 the Poles, Kajfians and Bulgarians ; fo that King Bela's feeking Afliftance from 
 Frederick, not only oblig'd him to order his Son Conrade to aflemble a ftrong Army 
 of Germans for aflifling that King to drive the 'Tartars ^rom the Box Aavs o? Germany -, 
 bat likewife made him write to the Senators of Rome, complaining, that the Diffe- 
 rences betwixt him and Gregory diverted him from going in Perfbn upon fo 
 important an Expedition, begging of them to ufe their Intereft for a Reconciliation, 
 as mav be plainly feen in the firft Book of Pietro delle Figne's Letters. 
 
 IN the mean time, in the beginning of the Year 1241, Frederick, in order to 
 deprive the Pope of ail pofTible Means of fomenting Rebellion by the Monks, 
 order'd ail the Cordeliers and Domtnicans to be banifh'd the Kingdom, leaving only 
 Two of each Order, Natives thereof, in the Monafteries, and immediately laid Siege 
 to Benctentc, as Riccardo writes, which being gallantly defended for Nine Months.^ 
 at lift, reduc'd to Famine, furrender'd, and by Order of the Emperor, the Walls 
 and Towers were levell'd with the Ground, and the Citizens dilarm'd. 
 
 A T the fame Time Gio. Colonna Cardinal of St. Prajjede, Gregory's Legate in 
 Marca, being difoblig'd by him, went over to Frederick, and deliver'd up to him a 
 good Number of Caftles in the Neighbourhood of Rome. During the Sie^e of 
 Faenza, the Cardinals return'd from beyond the Mountains, and brought with them 
 from England and Scotland, a great Number of Archbifhops, Bifhops and other 
 Prelates to Genoa, on their Way to the Council, and they found in that City Cjwcr/o 
 di Rcriixgio, likewile the Pope's Legate, fent thither about the fame Affair of the 
 Council. Thele Prelates, afraid to go to Ror,ie by Land, becaufe of Frederick's 
 Menaces, refolv'd to take Shipping in the Genoefe Gallies, cammanded by Guglielmo 
 Ubriacln their Admiral, notwithftanding Frederickh^id invited them to come to him 
 becaufe he had a mind either to make them fenfible that he had Juftice on his Side 
 and lay all the Blame on the Pope, or to prevent their going to the Council ; buc 
 they imbark'd in the Genoefe Fleet, and were met by King Eutius with Twenty well- 
 zmd Neapolitan, Sicilian and P/j^« Gallies, commanded by Ugoliuo Buzzaccherini 
 da Pifa, a moft cxperienc'd Sea-Officer ' : On the fccond Day of J\Iay the Two 
 Fleets ingag'd betwixt Porto Pifano and the Ifland of Corjica, not far from the fmall 
 Ifland of Meloria, (for the Genoefe Admiral had kept clof'e by the Shore, both to 
 fhorren the Voyage and fhun the Enemy) and by the Bravery of the Soldiers and 
 their Commander iiY'/'wi, obtain'd a notable Vidlory. On this Occafion the Three 
 Legates, all the Prelates, and a great Number of Ambafladors from diverle Princes 
 and Cities, who were likewile going to the Council, were all made Priibners, Three 
 of the Enemy's Gallies funk, and Twenty-two taken, Thirteen of which were 
 taken by the Neapolitan and Sicilian Veflels, and the reft by the Pifans, befidcS 
 Four thoufand Genoeje Priibners ; among the Prelates that were taken, the Arch- 
 bifhop of Roan was one, with a great many Englijl^ and French Bifhops and leffer 
 Prelates ; fbme of which were cruelly thrown into the Sea near Meloria, and others 
 imprilbn'd in Naples, Salerno, and other Places on the Coaft of Amalphisy where 
 many of them died of Famine and Grief, and the reft were fct at Liberty, at the 
 Sollicitations of the Kings of France and England, and Baldwin Emperor of Con- 
 fiantinople. There is ftill to be feen one of Frederick's Letters ', written to ibme 
 
 ' Sigon. dc Reg. Ita!. lib. i3. anno ii^r * Pet.de Vineisepift. fol. 107. 
 
 of
 
 7 1 6 The Civil History of Book X\'[\. 
 
 of his Barons, wherein he mentions particularly the taking of Faeuza, and ih^s 
 Viftory obtain'd by hisGallies, which begins thus : Adau6ta nobis contntux felicttaih 
 aufpicia, 6ic. 
 
 AFTER this Exploit, Andrea di Cicala, Lord Chief Juftice and Captain 
 General of the Kingdom, by Order of his Mafter, conven'd all the Prelates, that 
 were Natives of the Kingdom in Melpbis, and made them conilgn into his Hands all 
 the Furniture of their Churches, both of Gold and Silver, and the precious Stones, 
 the Veftments of Silk and Purple, and all other Things let apart for Divine Worfhip, 
 a great Part of which he convey 'd to a Church in S. Geruiam, and committed the 
 Charge thereof to Twelve of the richeil: and moft refponfible Men of that Town ; 
 and particularly from the Altar of St. Benedtif in Moute Cajflvo, there were taken 
 two Tables, the one of mofl: pure Gold, and the other of the fineft Silver, with 
 other coftly Ornaments, fet off with Gold and Jewels, and VelTels of Silver, with a 
 vaft Sum of ready Money ; but fome of this facrilegious Booty was ranicm'd by 
 thofe from whom it had been taken, and the reft was carried to Grottaferrata, to be 
 coin'd for the Service of the Emperor j who, after he had taken Fatuzci, and all 
 the other Places of Komagna, and made his Son Eutiiis his L'eutenant in Lombrirdy^ 
 march'd to Marca, and attack'd Fmo, Affifi and Pefaro, but could not make him- 
 lelf Mr.fter of them ; whereupon he laid wafte their Territories, and march'd to 
 Spoleto^ which with Narni, and other Places of Uinbriii, immediately furrcndcr'd, 
 whilft Count Simoue di Chieti his General, with another Part of the Army, took 
 Cbinfi and Viterbo ; then at the Requeft of Cardinal Colonna, who, as we have laid, 
 had revolted from the Pope, he took and deftroy'd Monte Alhano, I'rjoli^ and other 
 Caftles near Kome, where Gregory, afflided with fo many Difafters, loon after he had 
 made MattoKojJh, a prudent and brave Man, Senator of Rowe, in order to withftand 
 the Attempts of the Emperor and Cardinal Colcmia, was taken ill, and, accord- 
 ing to Kiccardo da S. Germane, died of Grief the 21ft of Aiiguft. 
 
 UPON the Death of Pope Gregory, Frederick wrote Letters to the King of 
 England, and other Kings and Princes of Chriftendom, to tell them, that he hop'd 
 by (zrf^o»7's Death, to put an End to the Differences which he had had with the 
 Church, and to accompany them againft the Tartars, who, as we have iaid, were 
 ravaging Hungary, Germany and other Chriftian Countries. The Cardinals, on 
 Gregorys Death, met to eledt a new Pope ; but being only Ten in Number, they 
 ient AmbafTadors to Frederick, to beg that he would be pleas'd, on whatever Con- 
 ditions he Ihould think fit, to fend them the Two Cardinals that were his Prifoncrs ; 
 therefore having caus'd them to be conduced to I'lnjoli by Teobaklo di Dragone, he 
 made them fwear, as Sigcnius relates, that unlefi one of them was elected Pope, 
 they (hould return to their Prifon, and then gave them free Liberty to go to Kome. 
 And having left a good Garrifbn in I'moli, by the Way of Campagna he enter d our 
 Kingdom, where he halted at Ifola, and order'd a new City to be built over agninft 
 Cepparano, and committed the Infpedlion of it to Kiccardo dt Monte Negro, Juitice 
 of Terra di Lavoro, and gave Orders, that the Inhabitants of Arcs, Ifola and 
 Pajiena (hould go thitherto live ; and that a certain Number of the Tenants belonc;- 
 ing to Monte Cajjino, St. Vmcenzo of Vitltiirno, the Coimties of Fondi, Ccniino aiid 
 Molife, fhould go weekly by Turns, to afllft in building this new City. But 
 Kiccardo, who writes this, makes no mention of the Name given to this new City ; 
 but by what may be gather'd from what he fays a little after, and by what we read 
 in the Chronicle of King Manfred, it was call'd Flagella, by which Frederick would 
 have it to be underftood, that he had built this City, to be a Bridle upon Cepparanc, 
 and the other neighbouring Places belonging to the Church ; neverthelels there are no 
 Remains, nor the leaft Veftige of fuch a City to be leen at preient, nor do we find 
 it mention'd in after-times, either bccaufe it has never been finifh'd, or foon after 
 has been demolifh'd. 
 
 WHILE Frederick was on his March by the Way of St. Germane, Alife and 
 Benevento to Puglia, and had order'd all the Goods taken out of the Churches, to 
 be brought to him in Fnggia ; the Cardinals, who were met in the Conclave at 
 Kome, Thirty Days after Gregorys Death, eleded Goffrcdo Cafiglione a Milanefe, 
 Cardinal of St. Sabina, Pope, who was old and infirm, but a Man of great Worth, 
 and gave him the Name of Celcftine IV. who, Seventeen Days after his Election, 
 before he was confccrated, departed this Lifej whereupon the Cardinals difagrceing 
 among thcmfelvcs, for a long Time did not eled another Pope, to the great Detn- 
 
 men:
 
 Book XVII. the Ki^cT>oM of }>\ A P L]LS. 717 
 
 ment of the Church ; bat many of chem, afraid of Frederick^ Cruelty, left Rome 
 privately, and fled to yllagiia, and other Places, to flieltcr thcmrelvei 
 
 I N the Month of Deceuiber, while the Emprcls Ifabell.i was with the Emperor 
 licr Husband in Foggui^ Ihe was feiz'd with a luddcn Ulnels, and in a ihort Time 
 died, and was buried in ^-indria. 
 
 THE following Year 1242, Frederick impos'd another heavy Tax upon the 
 Kingdorti, turn'd out Kiccardo di Monte Negro from being Juftice of -Terr. -1 d/ Lavoro, 
 and put Gifulpboda Narv.i in his Place ; And fufpedingthe I'idelity oi the Bare fimsy 
 he caus'd all the Towers of their City to be demoliflied, and lent the Great Mafter 
 of the Tttttonick Order, the Archbifhop of Buri, and Riiggicro Procafiello, his Am- 
 balTIidors to B^omc, in order to reconcile the Cardinals that were there, and treat 
 about the Elcftion of a new Pope. 
 
 AT the fame Time, according to Kiccardo da S. Germano^ Henry ^ who had been 
 Jong Prifoner in the Caftle of St. Felice in PagUa, and afterwards in that of N:ci:ftyo 
 in Calabria^ and then in Afartormio, died a natural Death in this laft Place : But 
 Boccaccio^ an Author that liv'd near to thefe Times, and famous for his Learnin-J and 
 other Virtues, treating of the Fate of illuftrious IVIen, fays. That while JJenyy was 
 Prifoner in MTrtoram^ his Father, mov'd with Compailion, order 'd him to be 
 brought before him, with a Defign to fet him at Liberty ; whereupon Henry, who 
 knew nothing of his Father's Intention, afraid that he had lent for him to faciate 
 his Cruelty in the moft barbarous Manner, while the Keepers were conducing him 
 a Horfeback to the Emperor, in palling a Bridge of a River in the Way, threw 
 himfelf, Horfe and all, into it, and was immediately drown'd : Whatever way he 
 came by his Death, 'tis certain, that Frederick was very fbrry for it, and regretted 
 the Severity wherewith he had us'd him ; which he cvidenc'd to all the Prelates of 
 his Kingdom, by Letters, wherein he bemoans hisLofs, and orders them to celebrate 
 pompous Obfequies, with MafTes, and other facred Offices, for the Space of a Month, 
 as an Atonement for the Sins of his dead Son, which Letters are recorded by 
 Kiccardo^ and begin, Fridericus, &c. Abbati Cajfwenfi, &c. Mifericordia, &c. 
 
 HENKT left by his Wife Margaret, Daughter of Leopold Duke of Auflria, 
 furnam'd the Glorious, according to Cii/piiiiaims, Henry and Frederick, Twins ; but 
 it being the Will of God to put an End to that unfortunate Houfe, thefe two Sons^ 
 with the Mother Margaret, died as miferable Deaths as the Father Henry ; for 
 Manfred caus'd the Sons to be poifon'd when they were Twelve Years of Age ; 
 and Margaret having outliv'd her Father, Husband and Brothers, who all died 
 without Kfue, and being left fole Heirefs of the Dukedom of Auftria, and the lall 
 of that Race, was married again to Othocariiis the Son of the King of Bohemia 
 by whom flie had no Children ; and in procefs of Time, grievous Difcords arifino- 
 betwixt them, fhe was divorc'd ; and Othocaritis, under pretence of having a 
 Difpenfation from the Pope, whom he had in vain, by Bribes and Offers, fbllicited 
 for that Purpole, married Kitnigitnda, Niece of Mela King of Hungary, and con- 
 fin'd Margaret in the City of Kreuis in Auftria, where, fhortly after, fie caus'd her to 
 be poifon'd, and, after terrible Wars on that Account, at laff the Dukedom of 
 Auftria came to the Counts of Hapsburg, who are yet in Poffeflion of it, and many 
 other Dominions and Provinces, with the Surname of the Houfe of Auftria. 
 
 8 Y CHAP.
 
 7i8 
 
 The Civil History of Book XVH. 
 
 CHAP. III. 
 
 Sinibaldo Fiefchi h elecied 'Pope by the Name of Innocent IV. 'who 
 profeciites the War againjl Frederick, as his Predecejfor Gregory 
 had done 3 and calls a Council to be held in Lyons in France. 
 
 N the mean Time Frederick^ who was very earneft to have a new 
 Pope chofen, went in a friendly Manner to Rome, in order to per- 
 fuade the Cardinals to come to an Election, as may be feen in one of 
 his Letters recorded by Pietyo delle Vigne ; and at the fame Time 
 Errico di Morra Lord Chief Juftice of the Kingdom, died a natural 
 Death. 
 
 THE Year of God 1243 being now begun, and the Cardinals not difpos'd to 
 eledt a Pope to Frederick's Mind, in a great Rage he enter'd the Territories o(Kcme, 
 and, according to Riccardo, carry'd Ruin and Deftrudtion with him where-ever he 
 went ; and becaufe the Romans laid the Blame of delaying the Elcftion upon the 
 Cardinals, he not only poflefs'd himfelf of their Churches, but likewife deftroy'd 
 their Country Seats and Eftates, and the Saracens ruin'd Albano, which belong'd to 
 a Cardinal. He caus'd Two Statues of Brafs to be taken out of the Abby of 
 Grotta Ferrata, and carried to Lucera in Puglia, and being reconcil'd with the 
 Romans, he fet the Cardinal of Preuefte, who had been long Prifoner in Caftle 
 "Janola, at Liberty, and fent him honourably back to Rome, having fome time 
 before done the fame to Cardinal Oddo, that he might be prefent at the Eleftion of 
 the Pope ; thcfe two Cardinals, according to their Parole, of their own accord, 
 after the Eledion of Celeftine, had returned to Prifbn. The Cardinals, being met 
 anew in Alapia, on the 24th of June, the Feaft of St. John Baptift, elcded 
 Sinibaldo Fiefcbi a Genoefe, of the Family of the Counts of La'vagna, Cardinal of 
 St. Lorenzo, who was confccrated on the Feaft of the Apoftles St. Peter and Paid^ 
 and call'd Innocent IV. 
 
 H E had been a moft intimate and particular Friend of Frederick?., therefore, 
 upon the News of his Eledlion, which might have been reckon'd agreeable to the 
 Emperor, Frederick order'd Thanks to be return'd to God over all the Kingdom, 
 and fent the Archbifhop of Palermo, Pietro delle Vigne, and I'addco da Sejja, his 
 Ambaffadors, with moft friendly Letters to congratulate him upon his Acceflion to 
 the Papacy ' ; this made the People of Italy conclude, that all Differences were 
 now at an end, and that they might expeft to live in Peace and Tranquillity ; but 
 Frederick, who knew Innocent's I'emper, anfwer'd his Friends who wifh'd him Joy, 
 that he had good Rcalbn to mourn, Lecaule he had loft one who was his beft 
 Friend when a Cardinal, and would prove his bittereil Enemy now that he was 
 Pope ; which accordingly happcn'd ; for Innocent was Icarcely fix'd in St. Peter's 
 Chair, when he caus'd it to be fignified to Frederick, that with the Papacy he had 
 likewife taken upon him to defend the Rights of the Church, and fent Peter Arch- 
 bifhop of Roan, William Bifliop of Mndena, and irilliam Abbot of St. Factuidtis, 
 to tell him, that he muft purge himfelf of all the Crimes laid to his Charg<', and 
 that if he had offended the Church in an)- thing, he hr:d e'en beft make fuch Rt para- 
 
 Paolo Panfa Ijai reorded fome Pajfu^cs of tkefe Ltttvt in the Life o/Innocent IV. 
 
 tjon
 
 Book XVII. z/:;^ K I N G D o M 0/ N A P L E S. 715^ 
 
 tion as forac Delegates that he would appoint for that Purpofe (hould determine \ 
 Frederick^ hearing this infolcnt Meflage, immediately rejefted it, and caus'd all the 
 Ports and Roads to be guarded, that luikceut might not write of fuch a Thing to 
 the Princes and People beyond the Alps ^ and being appriz'd, that the Pope had 
 imploy'd fome Cordeliers to go and follicit the Favour of thclb Princes and People 
 he order 'd them to be way-laid, and they were all caught, and hang'd. 
 
 I N the mean time the Pope, in the Month of Ociolcr, left yJLi^ita, where he 
 had continued ever fincc his lUcciion, and went to Rome, and was receiv'd with 
 great Pomp and Honour ; and, fliortiy after, the Count of I'ouloiife, who fome time 
 before had come to Puglia to wait upon Frederick, did what he could to reconcile 
 them. 
 
 HERE ends the Chronicle of Kiccardo da S. Gcrmano, for want of which we 
 fhall not be able to give an Account of Frederick's Actions, and other Events of thefe 
 Times, with the fame Perfpicuity as we have hitherto done. 
 
 IN the Beginning of the Year 1244, Frederick, at the Head of his Army, 
 return'd, and enter'd the State of the Church ; yet mov'd by the Intreaties of his 
 Friends, and the repeated Sollicitations of other Chriftian Princes, he was perfuaded 
 to come to an Agreement with the Pope j whereupon he fent the Count of 'Touloufe, 
 Pieti-o delle Vtgiie, and 1'addeo di Sejfa, his Plenipotentiaries and Ambaffadors to Rome, 
 who, in his Name, on the Feaft of Eajier, in Prefence of Baldwin Emperor of 
 Cciijiantinople, who was then living there, promis'd, that he would fubmit to 
 Lmocent, and Jet the Church enjoy her Rights and Territories peaceably ; upon 
 which the Treaty was begun, and the Pope, with many Cardinals, went to Ct-vita 
 Caftellana, and from thence to Sutri, to be nearer the Emperor. Fredirick firft of 
 all requir'd to be abfolv'd from the unjuft Sentence of Excommunication pronounc'd 
 againft him by Gregory his PredecefTor ; but Innocent by no means would abfolve 
 him, till he had firft reftor'd all that he had taken from the Church ; whereupon the 
 Treaty was broken off, and Frederick began openly to threaten him, and even to 
 fall upon Ways and Means how to feize him ; whereof the Pope being appriz'd, 
 immediately fled, and fent a Cordelier to acquaint Filippo Vicedomini Governor of 
 Ge}ioa, to come with arm'd Gallies, and his Nephews the Fiefchi, to take him aboard 
 at the neareft Shore ; when the Governor made Report of this to the Senate, they 
 refolv'd toaflift Innocent with Twenty-two Gallies. The Fleet being ready, Alberto 
 "Jacopo and Ugone Fiefchi, the Sons of Innocents Brother, imbark'd, and to conceal 
 their Defign from Fredericks Fadion in Genoa, they pretended to be going upon 
 another Voyage: They left Genoa the nth of June, and after a profperous 
 Voyage, arriv'd at Civita Vecchia, where they found Innocent, who took fhipping in 
 their Fleet, and arriv'd at Porto Venere, and from thence at Genoa, where he was 
 honourably receiv'd, and the Cardinals, whom he had left at Sutri, fhortly after, 
 in Diiguife, and by different Roads, by the Favour of the Milanefe, likewile 
 arriv'd ac Genoa. Frederick having certain Account of the Pope's Departure, fur- 
 nifh'd and fortify 'd all the Places of St. Peters Patrimony that were in his Poffeflion, 
 and then went to Pifa, from whence he fent his Ambaffadors to Parma (where he 
 knew that Innocent had many Relations, by (bme of his Sifters being married there) 
 to prevent Revolts and Commotions there, and to confirm the Parraefans in their 
 Fidelity, and then left I'ufcany, and return'd to our Kingdom. 
 
 I N N0CEN1' being now in Genoa, and fully perfuaded, that Frederick would 
 yield to no Terms, till he was firft abfolv'd from the Cenfures, which he was deter- 
 miii'd not to conicnt to; with a Defign quite to undo Frederick, refolv'd to leave 
 Italy, and being accompanied by the Cardinals, and other Roman Prelates and 
 Barons, with the Marquifes of Montferrat and Carretto, he went to Afti, and from 
 thence to Lyons in France, where he was receiv'd with the utmoft Honour and 
 Refpedt by King Lesis IX. and prefently fummon'd the Council, which Gregory (o 
 carneftly defir'd to have call'd, without ever being able to do it ; to which he fum- 
 mon'd all the Prelates of Cbriftcndoni againft the Feaft of St. John Baptift ; and to 
 give a fpecious Pretence for calling this Council, he pretended that it was to find out 
 Means how to relieve the Chriftians that were making V\'ar in the Holy Land, 
 where, by reafbn of the DifFerenrcs with Frederick, they were reduc'd to very 
 miferable Circumftanccs ; and likewife added. That in this Council Ways and Means 
 
 ' Panfa, in vlca Innocen, IV. 
 
 ought
 
 720 The Civil History of Book XVH. 
 
 ought to be fellen upon how to repair the didraded State of the Church in Italy ; 
 but his real Intent was to have Frederick's Depofition brought upon t!ie Carpet. 
 The Emperor having fmelt out Jiimceut's Defign, did not fail at t;ie fame Time to 
 write a long Letter to all the Princes of the World, to whom he laid open the Pope's 
 Defigns, reprelenting to them, that what he pretended was only Grimace, and that 
 it was well known that he could not fend Relief to the Holy Land, when Innocent 
 was doing all he could to fbw Sedition in, and turn him out of his Dominions in 
 Italy, and that all the Milchief, and the Ruin oijeriifalem, was owing to the Pope j 
 for all the Differences there betwixt the Knights templars and Hoffitalers were 
 fomented by him, becaufe thefe laft were Creatures of his, and his Minifters. 
 
 THUS ended the Year 1244, in which Italy had not only been afflided with 
 War, but likewifc with a cruel Famine and Peftilence. In the Beginning of the 
 following Year 1245, Fre^mc^ finding that the Council of LjyoHi was levell'd againft 
 him, relblv'd to return to Lotiibardy^ and, the beft way he could, friiftrate the Pope's 
 Defigns, and being arriv'd at Verona^ he call'd a general Parliament, wherein were 
 prefent many Italian and German Barons, together with Conrade the Son of Baldzvhi^ 
 Emperor of Conjlantinople, the Dukes oi Aufiria and Moravia ^ \\'\th Ezellino; and 
 after fundry Affairs of Italy were fettled, he made heavy Complaints of Innocent^ 
 clear 'd himfelf of all the Faults laid to his Charge, and fent Pietro delle Vigue^ and 
 ^addeo dt Sejfa, to the Council o{ Lyons (whither he refolv'dtogo himfelf) to oppofe 
 the Attempts of the Pope ; for this end he left Verona, and fet forward in order to 
 crofs the Alps ; but on his Arrival at 1'nrin, he heard, that on the 2,7th of July ^ the 
 Pope had pronounc'd Sentence againft him, and deprived him of the Kingdoms of 
 Piiglia and Stcily, and of the Imperial Crown, as a Rebel, an Enenoy, and a Perfe- 
 cutor of the Holy Church. 
 
 SECT. I. 
 
 The Hijiory of the Council of Lyons, in which the Emperor Frederick 
 
 ivas depos'd. 
 
 MA^H E IV PARIS, and other gra^-c Authors relate, that the Council being 
 conven'd in the Cathedral Church of Lyons, Innocent fitting on the Throne, with 
 Baldwin Emperor of Conjlantinople on his Right Hand ^ before they entered upon Bufi- 
 nefs, adorn'd the Cardinals with red Hats, meaning by that Colour to fliew, that they 
 ou^ht to be ready to (hed their Blood in the Service of the Church againft Frederick ; 
 and for the greater Ornament of their Dignity, he added the Portmancic and the 
 Silver Mace when they travelled a Horfeback, whereby he meant, that their Dignity 
 fhould be look'd upon as equal to that of Kings. This he did likewife out of Spite 
 and Malice to Frederick, who had faid, that Prelates ought to imitate Chrift, and 
 the Apoftles, by walking bare-footed, and that they ought to be rcduc'd to the 
 Primitive Poverty of the Church '. Then other Affairs of^the Church, fuch as the 
 Relief to be fent to the Holy Land, and how to defend Himsr^ary and Germany againft 
 the Tartars, who had invaded, and were deftroying thefe Countries, were dilculitd : 
 In the next Place the Pope began to exaggerate Frederick's Wickednefs, and his con- 
 tinual Perfecutlon of the Roman Pontiffs, and other Minifters of the Church of God, 
 by banifhing the Bifhops, and depriving them of their Livings, imprifoning the 
 Clergy, and often putting them to cruel Deaths, &c. But T'adden di Sejfa, one of 
 Frederick's Ambalfadors, ftood up, and, in the Face of the Pope and the whole 
 Council boldly anfwercd, that his Mafter was innocent of all thcie Crimes that they 
 laid to his Charge ; and that the Blame of the by-paft Wars ought to be imputed to 
 the Popes ; and that trufting to the Juftice of his Prince's Caufe, he would dear him 
 from all thefe Afperfions ^ and that the Emperor, if the Pope had been his Friend, 
 would have got the Greek Church to have united with the Latiri, and would have 
 recovered the Holy Land, and reftored all that had been taken from the Church of 
 Rome ; and that he had offered the Kings of France and England as Guarantees 
 
 ' Panfa, in vita Innocen. IV. 
 
 for 
 
 I
 
 Book XVII. ^/a- K I N G D o M 0/ N A P L E S. 721 
 
 for his Performance ; but the Pope made a Mock of thefc Offers, as vain and illulbry 
 and rcjefted them ; with this Dilcourfe ended the firfl: SefHon of the Council. 
 
 THE Council met the Week following, and in this Iccond Sellion the lame 
 Affair was the firli that was brought upon the Carpet, and after the Pope had made 
 anew Speech on Frf /e'nc^'s W'ickedncfs, the Bilhop of Cariiwla^ who had been a 
 Cifteycian Monk, and was one of the Prelates whom Frederick had caus'd to be 
 banifh'd the Kingdom, rofe up, and after he had told, with a doleful Voice, how 
 ieverely he had been treated by Frederick, he began to give an Account of his 
 wicked Lite fiom his Childhood, and loaded him with many Crimes, laving. That 
 Frederick believ'd neither in God, nor the Saints j that he had feveral Wives at one 
 and the lame Time ; th;u he was always a Favourer of the S.-iraccijs ; that he had a 
 private Coirerpondcna- with the Soldan of Babylon ; that he often poHuced himfelf 
 with the unlawful Embraces of Saracen Women ; and that by leading an Epicurean 
 and Worldly Life, in Oppofition to all Laws, he was wont to repeat thefe \Vords of 
 Averroe'Sj that three Peribns had deceiv'd the whole \\ orld, our Sa\iour Je/iis 
 Cbrtfl the Cbrijiiaiis, Mofes the Jews, and Mahomet the Arabs , and after the Bifliop 
 had enumerated fome other fuch like Crimes, he concluded his Dilcourfe with laying. 
 That Frederick intended to reduce the Prelates to that pitiful poor Condition of the 
 Primitive Church, as his Adions and Letters clearly demonftrate. Then role a 
 Spi'.nijh Archbifhop, who confirmed what the Bifhop of Canuola had faid, and 
 charg'd Frederick with other Crimes, fuch as Hereiy, Sacrilege, and Perjury, and 
 adviled the Pope to proceed againft him, and dcpole him from the Empire, and 
 offered to aflift him both with his Purfe and Perlbn, and to get all the Prelates of 
 his Nation (who were more numerous in this Council, and made a greater Figure 
 than thole of any other Nation) to do the fame. 
 
 BUT 1'addeo di Seff?.^ not able to bear the opprobrious Speech of the Bifhop of 
 Cartnola, anfwer'd him boldly, that he ly'd in every Thing he had faid, and told 
 him, That it was not the Love of Juftice, but the Hatred he bore the Emperor, made 
 him Ipeak in that Manner, and upbraided him with many Crimes, for which he and 
 his Brothers had been jullly punifhed ; that whoever charg'd Frederick with Herefy 
 •ly'd, and that if he were prefent himfelf, he would from his own Mouth declare 
 himlclf as pure and fincere a Chriftian as any of them all ; that his not fufitring 
 Ufurers in his Dominions, was an undeniable Argument of his Love for the true 
 Chriftian Religion ■ in hoc Curiam Komanam reprebendens (as Mathew Paris lays) 
 qua^i^ccnftat hoc vitio viaxime laborautem ; and having anlwered all the Acculations 
 alleaged by thefe Prelates, he earneftly begg'd of the Pope to delay the Meeting of the 
 Third Seflion of the Council, becaufe Frederick was arriv'd at 'tnrin, and w )uld be 
 prefent to clear himfelf of all thefe Crimes that were laid to his Charge ; but the 
 Pope at firft refus'd to delay the Meeting, and laid, that if Frederick fhould come, 
 he would be gone; but the next Day, at the Requeft of the Proxies of the Kings of 
 France and England, he was forc'd to grant the defir'd Delay ; but he did it only 
 lor two Weeks. 
 
 FREDERICK, finding that his Condemnation was unavoidable, thought belt 
 not to appear before s partial Judge, and refufed to come ; and notwithltanding 
 that ^addeo di Seffa protefted againft what fhould be done in prejudice of the 
 Emperor, and appeal'd to a future Council, yet the two Weeks were no fboner 
 expir'd, than Innocent conven'd the Prelates, and after publifhing Ibme Conftitutions 
 made for the Relief of the Holy Land, non fine omnium andientitim, S circumjian- 
 tium Jiupore, & horrcre, according to Matheiv Paris, he pronounc'd Sentence againft 
 Frederick, depriv'd him of the Empire, and all his other Dominions, J-fonours and 
 Dignities, ablblv'd his Subjccls from their Oaths, and ordered them under the Pain 
 of Excommunication, not to obey him any more ; and at the lame 1 ime he ordered 
 the Eleftors of the F-mpire to chufe a Succeffor, and that none of them iliould any 
 longer acknowledge him Emperor or King. This Sentence is recorded by Bzovius 
 in his Ecclefiaftical Annals, and is to be read at full Length in the Life of F>c^i°»7V/^, 
 which Simon Scardiiis, by way of Introdudion, has prcfix'd to the Letters of Pietro 
 delle Vigne. In relating Frederick's Depofition, we have chofen to follow what Is 
 recorded in the fourth Volume of the General Councils, and the Annals of Matheisj 
 Paris, where the 'J ruth is more likely to be found, than in Sigonihs and lome other 
 Authors. 
 
 8 2- THE
 
 yiz The Civil History of Book XVil. 
 
 THE Pope by particular Letters gave an Account of this Sentence to all 
 Chriftian Princes, and fent Filtppo Foutana Bifhop of Ferrara^ to the Princes of 
 German)', and the Elcdiors, to get them to chufe a new Emperor, exhorting them 
 to make choice ofHeiny Landgrave o'il'biiringia. 
 
 FKED ERJCK, while he was at ^uriii, hearing that he was dcpos'd, in a terrible 
 Wrath turn'd to his Barons, and fpoke thus: ^he Pope has dcpri'vd me of the Imperial 
 Croxii, let us fee tf it he fo ; and ordering the Crown to be brought him, he put it 
 upon his Head and faid. That neither the Pope nor the Council had Poicer to take it 
 from him -, but though he look'd upon the Sentence as void and unjuft, yet confider- 
 ing of what Detriment it might be to him, he left no Stone unturn'd in order to be 
 reconcil'd with the Pope ; and by the Mediation of the King oi France, he ofter'd 
 to the Pope Satisfaihonem facere competentem (according to Matheiv Parish ohtulit 
 etiam quod in terrain SanClam irrediturus abtret, quoad 'Viveret Chrtfio ibidciu milita-' 
 turus ; but the Pope, fcorning thefe Things, anfwered the King, that Frederick had 
 many times made fuch fair Promifes, but never performed them ; to which the 
 King replied : Septuagies fepties pandendiis eft Jinus-, peto, & petens confulo, tarn pro 
 me, quam pro multis altis williuni millibus percgrmaturis profperum exituni expeflanti- 
 hus, imo potius pro Jiatu Uni'verfalis Ecclefice, & Chriftianitatts accipite, & acceptate 
 tanti Principis talem humilitatem, Chrifti fequentes 'veftigia, qui fe ufque ad crucis 
 patibulmn bumiliajfe legititr ; when the King oi France faw that the Pope gave him a 
 flat Denial, he left the Place in a great Padion, admiring fb much Humility in an 
 Emperor, and fb little in a Servant of Servants. 
 
 THOUGH the Pope by his Letters had publifh'd this Sentence to all the 
 
 World, yet, as the Abbot of ^S/.^Je writes, ^iidani Princtpum cum multis aliis recla- 
 
 tnabant, dicentes ad Papam non pertinere Iiiiperatorem infiituere, njel deftituere, fed 
 
 eledum a Principibus coronare. And this Depofition was {o chimerical and ineffectual, 
 
 according to Trithemius, that as long as Frederick Jiv'd, per amies ferme fex contra 
 
 eum, nee Papa, nee aliquis Principum pravalere potuit ; fed non adi-ertens fententiam 
 
 Pap£, quam frivolam, £^ injuftam effe dtcebat, fe Imperatorcm gejfit, viagnamque 
 
 Principum nobiliorum, S Civitatum ufque ad mortem aderentiam babuit. Frederick 
 
 finding that his Humility had been of no ftead to him, was refolv'd to inform the 
 
 World of Innocent's Behaviour towards him, whereupon he wrote anew to all 
 
 Chriftian Princes, clearing himfelf of the Crimes laid to his Charge, and declaring 
 
 the Nullity of his Depofition, as proceeding from one who had no Power to do it, 
 
 whence in the firft Book of Pietro dclle Vigne's Collection of Letters, the firft b^ins 
 
 thus : CoUcgertint Pontifices, & Pharifei concilium in tinuui, &c. and the Second : In 
 
 exordio nafcentis Mimdi, and many more to the fame Purpofe. And it has been 
 
 demonftrated by able Divines ', that 'tis neither in the Power of the Pope nor 
 
 Council to depofc Princes ; and much lefs could the Council of Lyons claim fuch a 
 
 Power, for, befidesits not being General, as (according to the Opinions oi Matheiu 
 
 Paris, Albertus Staden/is, Trithemius, Palmerius, Platina, and others) wanting all 
 
 the Conditions requifite in a General Council, having but afmall Number of Prelates 
 
 prefent in it, and none at all from leveral Provinces of the Weft ; the Sentence was 
 
 not pronounc'd by the Council, but by the Pope alone, notfacro approbante Concilioy 
 
 but or\]yfacro prefente Concilio, as may be read in the Ads of that Council, recorded 
 
 by Du Pin and other famous Ecclefiaftical Writers. 
 
 FOR thefe Reafons almoft all the Princes and People oi Europe, notwithftanding 
 this pretended Depofition, acknowledged him both as Emperor and King. Neither 
 did Frederick allow the Subjedts of his Dominions and Kingdoms of Sicily., to obey 
 Innocent in any Thing whatfoever ; but ordered his Lord Chief Juftice of Sicily, 
 leverely to punifli, deprive of all their Goods, and banifh the Kingdom, all Monks 
 and Priefts, who by the Pope's Order and Interdidion, fhould relufe to celebrate 
 the Divine Offices, and adminifter the Sacraments to the People, and fuffer none of 
 the Religious to go from one Place to another without exprels Licence, and a 
 Certificate from whence they came. 
 
 HE likewife fent the like Orders to the Juftice of Terra di Lavcro, and ftridly 
 commanded him to exad from the Clergy the Third of their Incomes which they had 
 by their Churches, and make them pay all other Taxes impos d upon the Laicks, 
 and befides, to imprifon all thofe who fhould refufe to compK'. 
 
 • V- Du Pin, De Antiq. Ecd. difc. Diflert ult. 
 
 SECT
 
 Book X\'If. the Ki tic DO SI of NAP L R S. 723 
 
 SECT. II. 
 
 'fhe fiakif/y End of Pictro dcllc \ ignc. 
 
 PIE^KO bELLE riGNE, by neglcding to fpeak in Behalf of his Mafter 
 in the Council o£ Lyons, when the other Ambaflador Taddeo da Seffh had Co 
 boldly defended him, gave Occafion to his Adverfaries to contrive that Milchief 
 which fhordy after befell him; for they reprefented to the Emperor, that being 
 brib'd by the Pope, he had fail'd in the Performance of his Duty ; and, indeed, we 
 find no mention made, cither in the Ads of the Council, or in the Ecclefiaftick 
 Annals of Bzo-vius, nor in any other Author who gives us the Hillory of that 
 Council, but of Tiiddeo da Seffa j whence we may gather, that Pietro, though 
 prefent, did not concern himftlf in the Affair. This Conduct of his did in a great 
 meafure cool the Emperor's Affeftion towards him, and made him jealous that he 
 was concern'd in fome Plot againft him ; and, when Ibme Time after that, the 
 Emperor was taken ill in Pia^lia, and was advis'd by Pretro to purge and bathe, he 
 ordered a Phyfician, an intimate Friend of Pictro' s, to prepare him a Potion, and 
 when he was juft going to take it, he was inform'd that Pietro, brib'd by the Pope, 
 had a Defign to poifon him ; therefore turning to the Phyfician and to Pietro, who 
 was there prefent, he faid, Friends, I have Confidence in yon, and know you iiuill net 
 give me Poifon inftead of Phyfick ; Pietro anfwer'd. Sir, This Ph)fician hath often- 
 times cured you before, what have you now to be afraid of? 1 he Emperor with a 
 ftern Countenance faid to the Phyfician, Give me that Potion ; the Phyfician being 
 terrified, ftnmbled of Defign, and fpilt the greatefl Part of it, which increas'd the 
 Jealoufy of the Emperor, who ordered them both to be feiz'd, andfbme Perfbns under 
 Sentence of Death to be brought from the Prilbns, who, at the Emperor's Command, 
 drank what remain'd of the Potion, and died on the Spot ; hence it was evident, 
 that both the Potion and Bath had been mix'd with the ftrongeft Poifon ; whereupon 
 the Phyfician was hang'd, dind Pietro (for he was unwilling to put him to Death) had 
 his Eyes put out, and was depriv'd of all his Wealth, Authority and Offices, and 
 condemn'd to lead a miferable Life. But Pietro, unable to bear th's Rever.^ of 
 Fortune, being told by his Guide, that he was near a Wall, or a Marble Pillar, 
 according to Sigonitis ', heknock'd his Head againft it with flich Force, that he beat 
 out his Brains, and died immediately. Others lay, that he threw himfelf out of a 
 Window of his own Houfc in Capua, while the Emperor was palling under it, and 
 by the Fall died on the Spot in the Year 1249. And Matheiv Paris, who was alive 
 in the Year 1250. in his Annals of England, Sigontiis, and other antient Authors, 
 place Pietro s Death in that Year. There are fome w-ho write that he died innocent, 
 and that it was only fome Courtiers, who envying his Grcatneis, in order to put him 
 in Difgrace at Court, made Frederick believe, that by the Inftigation of the Pope he 
 was hatching a Plot againft him, which brought him to f'uch an unlucky End ; 
 among which Dante, an excellent Poet of that Age, is one, who, in his 13th Canto 
 of Hell, brings in Pietro fpcaking in his own Defence thus : 
 
 Of Frederick'^ Heart the Keys were in my Hand, 
 'Twas fJjiit or open d fill at my Command, &c. 
 
 BY which Verfes, whatever was the Occafion of his Death, 'tis clear, that 
 becaufe he had incurr'd his Mafter's Difpleafure, he in a Fury difpntch'd himfelf 
 Mathew Pans likewife writes, that the Jlmperor was much afflidlcd both for his 
 Treafbn and Death, faying (accordif^ to this Author) I'x mibi contra quern fevire 
 coa^lus. 
 
 BU T as 'tis well known, that Innocent, by the Means of fome Perfons of Note, 
 contriv'd Confpiracies againfl Frederick, and brought over many Princes to his 
 Party, that had before been in Frederick's Intcrcff, it was an cafy Matter for him to 
 
 ' Sigon. (Ic Reg. Ital. lib. i3. anno 1249 
 
 fhake
 
 7 24 '^^^^ C I V 1 L H I s T o R Y of Book XVlfi 
 
 fhake the Tidelity and Conftancy of Pictro delle Vigne^ fince by the Bifliop of Ferrara 
 he hid bvib'dibme Princes of G'fr,vM;/y, who, without rec^ard to C()ii;\idc, Frederick's 
 Son, in CompIaKance to the Pope, ckAcd Henry ofT'buriutr^ia, King of the Rowans, 
 wiio, after his Eledion, comnnenc'd a cruel War in that Country againft Comade. 
 
 H E likewile corrupted many of his Barons, not only thofe in his Army, who had 
 confpir'd to murder him, but even thofe that had remain'd in the Kingdom, and had 
 been faithful to him before, who attempted, by Sedition, to overturn the Kingdom 
 of Pir:;!!.'. ; i'o that he was forc'd to put a Stop to the War againft t!ie Milauefe^ 
 and to leave King Eiithis his Lieutenant in Lo??/bardy, and march in ali hafte to the 
 Defence of the Kingdom againft the Barons, who had openly taken Arms againft 
 him, and poffefs'd themfeives of Capaccio, and other Caftles of that Province. 
 
 THE Barons, who by the Pope's Means had confpir'd againft Frederick, had 
 formerly been his moft faft Friends ^ thefe were I'cobaldo Fraiicefco, Pandolfo Ric- 
 c.rrdo, and Fafanella, with all their Followers, and all the Family of the S. Scver/u:^ 
 headed by Count Guglie'mo, Jacopo, and Goffredo dt Morra ; Aidrea Cicala Captain 
 General of the Kingdom, Gtfolfo di Maina, with many others, whofe Names we 
 know not. 
 
 THOSE that had confpir'd to murder Frederick^^whWe they were watching an 
 Opportunity to put their Defign in Execution, were difcover'd to him by the Count 
 ofCaJ'erta, who, as fome Authors write, gave him Account of them by one of his 
 trufty Domefticks, nam'd Gio-vaiini da Prefenfano, when he was in Lombardy ', 
 whereupon Frederick caus'd fome of them to be immediately imprifon'd, and others 
 fled, amongft the laft were Pandolfo della Fajanella, and Jacopo di Morra ; and the 
 reft, 11/2;. Teobaldo France fco, GiigUelmo S. Severina, and Andrea Cicala, hearing 
 that the Confpiracy was difcovered, furpriz'd Capaccio and Scala, which Places they 
 fortified and provided as well they could, in order to defend themlelves ; but Scala 
 was attacked, and after a (harp Engagement, taken by the Emperor's faithful 
 Friends, and Tomniafo S. Scverina, with one of his Sons, made Prifoner. 
 
 I N the Beginning of the Year 1246. the Emperor came to Puglia, and ordered 
 
 Capaccio to be befieg'd ; and tliough the Befieg'd were in extreme Want of Water, 
 
 there not having been Rain to fill the Cifterns, yet they made a vigorous Defence to 
 
 the 28th of J'/.'/y, when they were forc'd to ^ield, and Teobaldo Francefco^ and the 
 
 grcateft Part of the Confpirators were made Prifoners, whom the incens'd Emperor 
 
 caus'd to be put to moft cruel Deaths, and a great many of their Relations had the 
 
 fame Fate, and others were banilh'd the Kingdom. From this Time we ought to 
 
 date, what Alatteo Spinello writes concerning Rnggieri S. Severina^ who being laved 
 
 by Donatella Stazio his Friend, was afterwards, by Polifena S. Severina his Aunt, 
 
 fent to the Pope, who with a paternal Care caus'd him to be brought up, and he 
 
 afterwards proved a gallant and comely Youth ; and with the AfTiftance of this Pope, 
 
 and the Encouragement given him by Charles I. of the Family of Anjoti, became 
 
 the Head of the banifh'd Neapolitans for recovering his Eftate ; but the Defeat at 
 
 Canofa, which 3Iatteo Spinello relates, was not true i for if Frederick, who in two of 
 
 his Letters gives a particular Account of this Fa6t, had fought and defeated the 
 
 S. Se'vcrini in the Plain of Canofa, he would certainly have mention'd it ; but the 
 
 firft Tranfcriber of Spinello, inftead of the taking of Capaccio, has put the Defeat at 
 
 Canofa, or out of his own Head has added it, as he has, in many other Places, made 
 
 this Author write what never happened, and what he never intended to fay. 
 
 CHAP.
 
 Book XVII. the Kingdom 0/ N A P L E S. 
 
 725 
 
 CHAP. IV. 
 
 Frederick carries on the War agahiji the Lombards, at the fame 
 Time that Conrade his Son was harafsd by Henry of Thu- 
 ringia^ and William Count of Holland. Frederick dies in 
 Fiorentino, and isfucceeded by Conrade. 
 
 HILE King Eutius was carrying on a bloody War in Lomkirdy, the Battles 
 were no lefs cruel in Gennatty betwixt Conrade and Henry of^huriugiay 
 who, though he had gain'd a great Vidory over Conrade^ was afterwards 
 kill'd by the Shot of an Arrow at the Siege oiUlm ; as fbon as Inno- 
 cent heard of /fi?K>-/s Death, he immediately fent other four Legates 
 to ftir up the German Princes againft Frederick ; and becaule King 
 Eutius^ by Order of his Father, had caus'd a Relation of the Pope's to be hang'd, 
 the Pope excommunicated them both anew, and wrought fo upon the Germans^ 
 that H'tlltajn Count o^ Holland was eledled King of the Romans^ and fct out to be 
 crown'd in Aix la Chapelle ; but Conrade^ having pofTefs'd himfelf of that City, and 
 furnifh'd it with Provifions, made a long and gallant Defence againft IVtlUam and 
 his Army. The Pope had left no Stone unturn'd in order to get Conrade himfelf to 
 rebel againft his Father, and caus'd Cardinal Uhaldino his Legate, the Archbifhop 
 oiCologn^ and many German Barons toinfinuate to him, that he ought not to follow 
 the damnable Foot-fteps of his Father : But Conrade^ a pious and fteady Prince, 
 anfwer'd them, that he would ftand by his Father to his laft Breath. 
 
 AFTER Frederick had quieted the Commotions of the Kingdom, he lefc Puglia^ 
 and went to Ptfa^ and from thence by the Borders of the Territories of Parma to 
 Cremona^ where it was fuggefted to him, that he ought to fall upon fome Method 
 for reconciling himfelf with the Church j therefore he refblv'd to go to Lyons in 
 Perfon, and fubmit himfelf to the Pope, and being attended by a good Number of 
 his Friends, he went from Cremona to 'tnrin, where he held another Affembly, and 
 fet out for Lyons ; but he had fcarcely reach'd the Foot of the Alps, when by a 
 particular Meffenger he was told, that Innocent by his Friends there, had made 
 Parma to revolt ; whereupon he immediately return'd in order to recover it, and 
 joining with his Son King Eutius in that War, treated of at large by Sigonius, he 
 fpent all this Year there ; and the following Year 1248. the War being carried on 
 with alternate Succefs, he loft Jlttoria, a City he had lately caui'd to be built over- 
 againft Parma, in which Action the greateft Part of the Befieged were either kill'd 
 or made Prifoners, among the Number of the firft was I'addeo di Scjfa, our famous 
 Lawyer, and who had the Honour to be Captain-General of that Army. While 
 Italy was thus afflided with this War, IVtUiam Count of Holland, created King of 
 the Romans, after a long Siege, took Aix la Chapelle, and the firft Day oi November 
 this Year was crown'd there bv the Archbifhop of Cologn ; and fhortly after coming 
 to an Engagement with Conrade, who had return'd with his Army near to that City, 
 he defeated and put him to flight. 
 
 THE following Year 1249. Frederick left Yi'mg Eutius his Lieutenant \n Lom- 
 bardy, and went to T'lffcany ; but, if we may give Credit to Giwvanni Villani, he 
 would not enter Florence, becaulc, by a vain Prophecy of Michael Scut a great 
 Aftrologer and Magician of thcfc Times, it had been told him, that he was to die 
 
 9 A in
 
 yx6 The Civil History of Book XVIf. 
 
 in that City, but ftopp'd at a Place near to it, and foon after went to Ptiglia^ where 
 he fpent the fhort Remainder of his Life. 
 
 THIS fame Year the Bolognefe gave a terrible Overthrow to King Eutitis^ and 
 took him Prifoner, which Vidlory, over fo renown'd a Perfonage, both for the 
 Noblenefs of his Afped, in the Flower of his Age, not above z$ Years old, and for 
 the Grandeur of his Father, exceedingly increafed both the Fame and Power of that 
 People ; they carried him Prifoner to Bologna, which fhews us the Inconftancv and 
 Mrfery of worldly Things ; and having made a publick Decree, that he fhould never 
 be fet at Liberty, they entertain'd him like a King ib long as he liv'd, at the Publick 
 Expence ; for neither the Menaces of his Father, who wrote to them a Letter about 
 his Liberty, nor the Offer of a great Sum of Money for his Ranfom, could ever 
 move them to part with him. Ciifpiniantts writes, that after he had been Prifoner 
 Twenty-two Years, and nine Months, he died, and was buried by th? Boljagnefe 
 with great Pomp in the Church of S. Dcnienico, under a rich Tomb of Marble, and 
 his Statue gilded, where, according to Straderiis, the Infcription remains to this 
 Day ona Pillar of Brafs. ,,.,.• . .... 
 
 THE News of this Defeat was fent to tlic Emperor in a Letter by the ModeiiefCy 
 wherein they condol'd his Lois, and the Imprifonment of his Son ; the Emperor 
 return'd them a generous Anfwer, thanking them for their good Will, and thrcat- 
 ning the fio/o^/vc/c, and all the Partifans of the Church. But thefe taking Advan- 
 tage of the late Vidlory, fubjcdled many Cities and Caftles of Lcmhardy and Komagiia^ 
 and among the reft Modena; whereupon Frederick, that he might not lofe the 
 Dominion of that Country altogether, the Year 1250. being Jiow begun, refolv'd to 
 raife both Money and Men for renewing the War, and endeavouring to fet his Son 
 at Liberty ; but while he was about this, he was taken ill in the Caftle of FioreutinOy 
 now demolifh'd, in Capitanata in Puglia^ fix Miles diftant from Lv.cera ; and, 
 according to Ciifpiniamis, not without Sufpicion that he had been poifon'd by Manfred 
 Prince of T'aranto, his Baftard Son, who afpir'd to the Kingdom, and therefore 
 wanted to difpatch his Father, as was found out afterwards. ,, . • ,•► 
 
 THE Emperor's Dileafe increafing, he repented of his Faults, begg'd Pardon of 
 God, and confefs'd to Bernardo Archbifhop oi Pdlcrmo^ whoabfolv'd him, and gave 
 him the Sacrament of the Ev.charift^ if we may credit yllbertHs Abbot of Stack <-^ and 
 at the Perfuafion of the fame Archbifliop he made his Will, which contains many 
 remarkable Things, therefore we fhall fubjoin it at full Length. . , . , 
 
 CUSPINIANUS adds, that while Frederick, by the Strength of his Oonfti- 
 tution, or the Care of his Phyficians, was like to recover, and get the better of the 
 Poifbn, or Diftemper, Manfred, to compleat his Iniquity, fmother'd him with a 
 Bolftcr in the Night-time ; GiovenaZo fcems to be of Opinion, that he died a violent 
 Death, when he fays, that it was reported, that the Emperor being pretty well 
 recovered, was to quit his Bed the next Day, but by eating fome iugar'd Pear."? 
 over Night, he was found dead in Bed the next Morning, whicli made good the 
 Prophecy (if fuch foolifh Conceits are to be regarded) that he was to die in Florence ; 
 but according to the wonted Amphibologies of Aftrologers, not in Florence in I'lifcauy, 
 but in Florentino in Ptiglla : Akho' the anonymous Author ' of Manfred's Exploits, 
 paffes over in Silence the Circumftances of this violent Death, that he might nor 
 iullv the ISkmory of his Hero. 
 
 SUCH then was the End of the Emperor Frederick II. who died in the Fifty- 
 feventh Year of his Age, and in the Thirty-feventh of his Empire, the lame Day 
 of the Year he was eledied to that Dignity in Germany, after he had gnvern'd the 
 Kingdoms of Naples and Sicily Fifty Years, and that of Jerufakra Twenty-eight. 
 A Prince, for his many and fingular Endowments both of Body and Mind, worthy 
 of glorious and immortal Memory ; therefore, laying afidc what fome Italian W titers, 
 v.'ith too much Malice, and fome German, with too mucli Flattery, have written, 
 tis certain, that he was a wife, prudent and contagious Prince, and of a noble and 
 majcftick Prelence ; he was liberal in rewarding thole that had ftrv'd him either in 
 the Affairs of Peace or War, and conferred on the Princes of the Empire great 
 Prerogatives and Privileges; for he firft rais'd L^o/io/^;/, furnam'd ihc Warlike, from 
 beingDnke to be Archduke of Anfria ^ and, according to Otfpinianus, gave him 
 
 ' Anonym, tic Reb Federici, &:c. Morruus eft autemipfe Impcrator apud Florentinum in Capl 
 ,tanara Apuli.c, die Menfis Deccmbris 9 Indift. 
 
 the
 
 Book XVII. r/;? K r N G D o M 0/ N A P L E S. 72;^ 
 
 the Royal Enfigns ; and from the fixth Book of Pietro delle Vigiie's Letters it appears, 
 that he made him King of Auftria, though according to Zv.rttj, none of the fucceed- 
 ing Princes made ule of the Titles of King and Archduke, till the Emperor fVf- 
 derick III. confcrr'd them anew on PhiUp Leopold's Grandchild, when he was court- 
 ing a Daughter of Ferdniand King of Cajiile and Arragon^ afterwards furnam'd the 
 Catholtck, in the Year 1488. 
 
 HE was moit expert in military Difcipline, whereby he obtained notable Victories 
 over his Enemies ; and he fhew'd no leis Fortitude in Adverlity, than Temperance 
 in Profperity. He was provident in Council, and prudent in fettling his Kingdoms 
 by many uleful and juft Laws. 
 
 HIS having had three Popes, Honorius, Gregory, and Innccent^ and the Guclf 
 Cities, which were in their Intereft, his Enemies, got him the Name of Perjur'd, 
 and a Perfecutor of the Prelates and Alinifters of the Church ; and his having driven 
 many of them from their Sees, imprifon'd and banilh'd others, and having cauled a 
 great many Monks and Priefts to be hang'd, and having tax'd the Churches, Mona- 
 itcries, and Ecclefiafticks, and diverted them of their Goods and Poffeflions, made 
 all of them afraid that he had a Mind to reduce them to the mean Condition and 
 Poverty of the Primitive Church, becauft they had heard, that the Emperor was 
 often wo^it to ufe liich Expreflions ; whence Mathew Paris, who, before Frederick 
 was depoled, had always \^indii:atcd him in his Chronicle, when he underftood that 
 Frederick us'd thefc ExprelHons, he being an EngltJIj Abbot, and poffeffed of many 
 rich Benefices and Commendams, took Offence, and begart t6 write in a Style quite 
 different from what he had us'd before. 
 
 IF Matbezv Paris did fo, we may eafily judge what the Italian Wrkcrs, wh6 
 ivere in the Intereft of the Popes, and iiWGHelfs, would ido, and efpecjally the Friars. 
 Paolo Paiifa, in the Life of Imitceut IV. fays, that Fra. Salmhene da Parnia a Friar 
 Minor, who livd in thefe Times, and knew Frederick, in his Manufcript Chronicle, 
 writes, that Frederick on his Death-bed wis afBicled with Vermine that burft out 
 of his Flefh, and when he was dead, his Carcafs flunk to that Degree, that no Body 
 could approach it, and that it could not be then buried ; that he was not a Catholick, 
 but an Epicurean, and did not believe in a future State ; adding, that when he was 
 in the Eafl, and faw the Land o: Promife, he fell a laughing, and fcoflingly faid. 
 That if the God of the I'rachtes had leen the Kingdom of Naples, and efpecially 
 Sterr.i di La-joro, he would, not have put fuch a Value upon his Land of Phmife. 
 therefore thev rerreiented him as an Atheiif, and that denying the Immortality of 
 the SouL, he placed all his Happinefs in the Pleafures of the Flefh, folacing himfelf 
 with what was moft agreeable to him, and therefore he wallowed in all Sort of Luxury; 
 and that befides his Wife, he kept a Seraglio of Concubines, fbme of which were 
 even Saracens ; and Dante, though a GhiLelltne, feems to have entertained the fame 
 Opinion of him ', for he puts him in a Place of Hell with Father Guido Ca-valcanti, 
 Fariuata clcvli Uberti, a Florentine Gentleman, and Cardinal Ottanjiano degliUbaldini, 
 where the Sm of Hcrefy is punifh'd, and brings in Farinata fpeaking thus : 
 
 ^be Second Frederick, ivith the Cardinal 
 Are here, and others "whom I fuatl conceal. 
 
 BUT it may be obfervcd in the foregoing Books of this Hiftory, that when 
 Frederick was in Friendfhip with the Popes, he was fb wedded to the Intereft of the 
 Church of Koiiic, and her Miniffers, that Otho was wont to call him Km^^ of Priejis. 
 And we likewife find, that he publifhed many Conftitutions in Favour of the Jurijp. 
 di<5tion of the Church, and which are obferved to this Day. We have alfo feen 
 how he periecuted the Hereticks, as the fevere Conftitutions which he made for 
 .extirp-Uing them not only out of Italy, but likewife out of Ce>v//iZ/.7, leftify '. And 
 if we may credit Capecelatro ', Inveges *, and fome other Writers, in order to per- 
 form his'Promife to Pope Innocent III. in the Year'1213. he inflituted the Tribunal 
 of the luqiiifitioii in Sicily. 
 
 ' Dante, Inferno, Canto. IQ. , 
 
 ' We r^ad til'! Conjliiution'r of Frederick ifa- 
 tlijhd i>: Francfort in the Tear iz;4. t>g.ii>ip the 
 }l.:r(:i(k: </ Germany, in Goldaftus torn i. p. 77. 
 292, 2Qv to.n- 2- r'^L- J'» ^'•- -^'"^ '" ^<^''''" 
 
 terus, torn. ,2. Inft- juris puLlici,;^tit. 1/ pag. 
 110. & tit. \6. p'ag. 117- 
 
 ^ Ciipecclatrn liiitor. M.S. 
 
 * Invests hift or. Palerm. com. ?. 
 
 HI S
 
 7 2 8 The Civil History of Book XVII. 
 
 HIS Zeal in extirpating Hereticks was no leis remarkable in our ICingaom ; for, 
 befides his having publifhed that famous Conftitution Incovfutilem, when he under- 
 ftood that the Herely of the Patanni had crept into thefe our Provinces, and par- 
 ticularly into Naples, he fent the Archbifhop of Keggio, and Kiccardo dt Prtiicipato 
 his Marfhal, to imprifon them. But (whatever he did in Sicily, and that is even 
 queftion'd by fome, becaufe no cotemporary \A'riter mentions it^ he did not appoint 
 a particular Tribunal of Inquifition againft Hereticks in our Provinces. He only- 
 ordered his Officers to proceed againft them es Inquifitione, though they were not 
 accufed, as was ufual in other enormous and heinous Crimes, and with more Severity 
 than was praftifed in the Crimes of High-Treafon againft an Earthly King. There- 
 fore he ordained, that the Perfbns any-wife fufjjcftcd, fhould be carried before the 
 Prelates, and Ecclefiaftical Perfons, to be examined by them, as beft able to judge 
 whether their Opinions differ 'd from any Article of the Catholick Faith ; and if thele 
 Prelates, by manifeft and clear Proof, found them Guilty of Hcrefy, their Bufineft 
 was only to admonilh them Paftorali more, to forfake the Errors and Snares of the 
 Devil ; and if, after being admonifhed, they perfifted obftinately in their Errors, 
 the Prelates had no more to do ' ; but the guilty Perfons, being thus convidled, 
 came under the Cognizance of the Secular Magiftrates, who, according to the Tenor 
 of that Conftitution, condemn'd them to be publickJy burnt alive. He likewife 
 ordained, that the Prelates fhould impeach Hereticks before his Delegates, and the 
 Officers of the General Aflizes, which were to be held in the Kingdom twice a Year % 
 in order to be by them feverely pun'fhed. And though he did not appoint a par- 
 ticular Tribunal in our Provinces, but that the fame Officers, to whom the Punifh- 
 ment of all other Crimes was committed, fhould likewife proceed againft Hereticks ; 
 yet the Methods of proceeding which he prefcribed, the Punifhment, and the 
 Means whereby to difcover them, were too fevere and rigorous. He was the firft 
 that condemn'd them, in general, to Death ^ he punifh'd with great Severity thofe 
 that harbour'd or affifled them ; he mark'd out clear and diftindt Bounds betwixt the 
 Power of the Ecclefiafticks, and that of the Secular Magiftrates in taking Cognizance 
 of this Crime. The Cognitio juris, or of Right, to wit, whether fuch or fuch an 
 Opinion was Heretical or not, was left to the Church ; for he would have thofe 
 accus'd of Herely to be examined by Ecclefiaftical Perfons, becaufe it could not be 
 otherwife known whether the Error was damnable or not ; whether it was contrary 
 to the Faith or not. Cognitio fa^i, or of the Fadl, and the Punifhment thereof was 
 left to the Secular Magiftrate ; for the Church, as we have obferved elfewhere, 
 had Power to do nothing, but to feparate the Hereticks from the Society of the 
 Faithful i but fhe could neither condemn to Death, nor Mutilation of Members, 
 nor inflift any other Temporal Punifhment. 
 
 THEREFORE Frederick has been unjuftly afperfed by our /f^//Vr?; Writers, 
 for the moft part Guelfs : And though he us'd fome Prelates feverely, and the 
 Monks and Friars cruelly, yet, by what we have faid in this Book, the Reafons for 
 fuch Severity may be feen ; and a Prince ought not to be thought to exceed the 
 Bounds of his Power, when, upon juft Grounds, and efpecially if they concern 
 the State, he banifhes Prelates, and drives them from their Sees, imprilbns Friars, 
 and hangs them, when they are Difturbers of the State, and the Publick Peace : 
 And much lefs ought it to feem ftrange to tax the Goods of Ecclefiafticks, when the 
 Neceffity of the Prince, and the Publick Welfare require it. 
 
 IT has been the common Cuftom of Princes, upon any urgent Occafion, to lay 
 Taxes, as well upon the Churches and Monafteries, as upon the Cities, and thofe 
 that hold Lands ; and as we have obferv'd elfewhere, the Patrimonies of our 
 Churches paid Tribute to the Emperors of the Eaft. 
 
 AFTER Charles the Great had expcll'd Defiderttis, and made himfelf Mafter of 
 Italy, according to Sigouius ', he impofed Taxes upon the Churches and Monafteries 
 of that Kingdom. And thofe, who, under the Title of Princes of Beiievefito, 
 govern'd the greateft Part of thefe Provinces, which now make up our Kingdom, 
 always exaded Tribute from the Churches and Monafteries, which were tax'd 
 
 • Conftic. de Hircclc. 8c Paterenis. 
 ^ Ric. S. Germ. 
 
 ' Sigon. de Reg. Ital. lib. 4. anno 774. 
 feudatoriis auiorem, Ciyitatibus, Eedcfus, ac 
 
 Monafteriis ccrra tributorum genera impofuit, 
 fodcrum, pararam, 8c manlionaricum appellata, 
 qu3c advenienti pociflimum in Italiiini Rtgi 
 periblverent. 
 
 according
 
 Book XVII. the Kingdom of NAPLES. 72o 
 
 according to the Value of the Goods they poflcfs'd. Thus in the Year 851. under 
 the hm^ev or Lotb. Tire ^ and Leii:is King oi Italy, his Son, when the Principality ot 
 Salerno was eredled, by a Divifion of the Province of Beueveuto, Kadelchifius 
 Prince of Beiicveiito, and Siconolpbiis Prince of Salerno agreed, among other I'hings 
 then ftipulatcd, that an Account fhould be taken of all the Goods of the Churches, 
 Bifliopricks, Monafterics, and Xciiod',cbia j and that they (hould be taxed ac- 
 cording to their Value, and the ordinary Tribute paid to the Prince i the Mona- 
 fteries of Muute Caffino, and S. Vinccuzo in Vulturiio, only were exempted, becaule 
 they were under the immediate Protection of the Emperor Lorh^ire, and King 
 Le-jjis. The Goods of the Abbots, and other Ecclefiafticks who ferved in the Palace 
 of the Prince, were likewife exempted '. But Things being afterwards altered, 
 when the Popes rais'd the Ecclefiallick State to the higheft Pitch, and exempted 
 both their Perfons and Goods from the Power and Jurildidion of Princes ; Frederick 
 uas look'd upon as an impious Tyrant, for endeavouring to recover the anticnt 
 Rights and Prerogatives over their Perlbns and Eftates. 
 
 A S for the reft, la)'ing afide thefe falle Accufations, Frederick was a Prince, in 
 whom Juftice, Muniticence, and Learning fhin'd in an eminent Degree. He left 
 us many prudent and uieful Laws ; this Kingdom, and elpecially the City of Naples^ 
 is much beholden to him. He, out of Love to Learning, founded a famous Univer- 
 fity there, whither he invited Scholars from all Parts of his Dominions. He, as 
 moft skill'd in Philoiophy, and all other Sciences, greatly honoured the publick 
 School of Phyfick in Salerno^ and founded another in Padua, and fupprcis'd that of 
 the rebellious City oi Bologna, and ordered, that none of the Citizens of the Giwlf 
 Cities of Lombard)', 'T'lifcany, or Komagna his Enemies, fhould be allow'd to ftudy in 
 thefe Schools. 
 
 AND 'tis to be admir'd, that, in an Age, wherein, as the anonymous Writer 
 fays % Erant literati pauci, vel nulli, he was not only a Lover of Learning, but, like 
 a deep Philofopher, and well verfed in all other Sciences, he wrote a Book De Natura, 
 & ciira Anwialii'.ni K He prompted Giordano Rtiffo his Mafter Farrier, to write a 
 Treatife concerning the Drefling and Curing of Horfes ; and Giordano, in the End 
 of his Book, which is preferved in S. Giovanni a Carbonara, among the Books of 
 Cardinal Seripando, lajs, that what he had written was owing to the Inftrudion of 
 his Mafter Frederick. 
 
 H E caufed many Books to be tranflated from the Greek and Arabick into Latin, 
 fuch as Ptolomei Almageft, Ariftotle's Works, and many Books of Phyfick and other 
 Sciences ; and, according to Pontanns, he made a Prefent of fbme of Arifiotle's 
 Works to the Mafters and Scholars of Bologna, before they became his Enemies, 
 and wrote them a particular Letter. 
 
 HE likewife caufed Michael Scot, a famous Phyfician and Aftrologer in thefe 
 Times, and his beloved Friend, to write many Books of Philofbphy, Phyfick, and 
 Aftrology, as Michael himfelf, in fbme of them, which he dedicated to him, and 
 Gefnerus in his Compend teftify ; whence Philofbphy and Mathematical Learning 
 began to be in vogue : And thus, by having the Works oi Artjlotle, Galen, and oi" 
 feveral Arabian Phyficians read in the Schools, and encourag'd by Fredcrtcky 
 Arifiotle's Philofophy, and Galen's Phyfick, acquir'd that Reputation in the Schools 
 •which every Body knows. 
 
 H E alfo caufed his Conflitutions to be put in order, from which many Authen- 
 ticx were taken and inferted in the Code, as we have fhewn in another Place ; we 
 are likewife beholden to him for the Books of our Conftitutions, which he caufed 
 to be colledled by Pietrodelle Vigne. Frederick likewife wrote a Book of Faulconry, 
 which Art was not in the leaft known at that Time ; and Manfred his Son added 
 many other Things to it afterwards. , 
 
 AMONG the refl of the Endowments of this good Prince, he was moft skill'd 
 in many Languages, fuch as the Latin, Greek, Italian, French, and even the Saracen, 
 befides the German his Mother Tongue ; and he took great Delight in Italian Poetry^ 
 and compos'd many Sonnets and Songs, which are ftili extant, and bound up with 
 thofe of Pictrn delle Tignc, Eutius his Son, and fome other Poets of chat Time, 
 when the Italian Language, fprung from a Mixture of fb many other, efpecially 
 
 ' Capltul. Prlnc. Radelch, apud Pellegr. liift. 
 Princ. Longob. 
 ' Anonym, de Reb. FridericHmperatoris. 
 
 ' Idem, libruni compofuic de Natura, & 
 cura Animaliuin- 
 
 9 Q from
 
 7]o The Civil History of Book XVH* 
 
 from the i.'?//;;, began to diffufe itfelf, and being afterwards refin'd by able Writers, 
 may not only be compared to the L^thi and the Greek itlelf, but even contend for 
 the Superiority. And the great Number of Poets in that Age, of whom Lioi:e 
 Alacci ' has given us a long Catalogue, is owing to his Genius for Poetry ; as among 
 us'are f Abate di Nafoli, Giacoino dell' Uva di Capia^ Toko di Calabria, Gtizpelmo 
 d'Otiwno, Gticzolo da Taranto, Kv.ggiero^ and Giacomo PuglicJI, Cola d'AlcJJajidro, 
 and many other Rhimers in the Infancy of the Italian Language. 
 
 A MOST magnificent Prince, who adorn'd Italy and our Kingdom with many 
 noble Edifices, and elpecially Capua and Naples, where he inlarged, and put Cajlello 
 Capuano into a better Form ; and in Capua he rebuilt the antient Bridge of Cafilino 
 upon the River p/.'/^wrwo, in a magnificent Manner, with two ftrong Towers, whereon 
 he plac'd his Statue in Marble, which remains there to this Day. 
 
 H E founded many Cities in thefe his Kingdoms, fuch as Alitea, and Monte Leone 
 in Calabria ; Flagella in 7'erra di Lavoro, over-againft Cepparano, and Dondona in 
 Pv.^lia, of which there is no Veftige now remaining, they being demolifh'd fbon 
 after they were built ; Atmijla and Eraclea in Sicily, and Aquila in Apriizzi, as a 
 Bulwark on the Borders of the Kingdom againft the State of the Church. 
 
 BUT our Kingdom is in a Ipecial Manner much indebted to this Prince, for his 
 having caus'd theft our Provinces to be divided after a better Method, and more 
 diflindlly than formerly ; which muft be minutely taken Notice of, becaufe of the 
 Conformity which that Divifion has with the prefent. 
 
 ' AJaccI dePoetl antichi, torn. i. fol. i, 43, fo, jz, ^j, 288, 572, 575 
 
 CHAP. V. 
 
 The 'Difpojitmu and Numher of Tro'umces, of isuhkh the 
 Kingdom o/" Naples is ?ww compojed. 
 
 H E prefent Divifion of our Provinces into Twelve, which now com- 
 pofe the Kingdom of Naples, by Siirgente ', Mazzella ', and gene- 
 rally by all Writers, is attributed to the Emperor Frederick II. they 
 were not call'd Provinces, but Giufiizierati, or Jurifdiftions. But 
 their Opinion is not altogether juft, for Frederick was not the firft 
 that made fuch a Divifion, neither in his Time was their Number 
 rifen tc Twelve ; whence this Divifion ought not to be attributed to Frederick alone, 
 but likewife to C/.7^r/(?j I. of the Family o( Anjoit, Alpboufiis I. of Arragon, and to 
 Ferdinand the Catholick, as T'ajfo ', very much to the Purpole, obferves. 
 
 NEITHER was the Number always the fame, for fome Times by the new 
 Pragmatics '* fome Provinces (with refpedt to their Government and Adminiftration) 
 were united, and afterwards divided, and the Number of Twelve made up again i 
 neither were the fame Cities conftantly the Metropolifes and Seats of the Prefidents 
 of the Provinces. 
 
 THIS Divifion was made quite different from that in the Times of ^lir/V?;/, or 
 Conftantine the Great, and the other Emperors his Succeffors ; for Longinus having 
 firft altered the antient Defcription, the fucceeding Longobards^ both under the 
 
 " Surg de Neap, illuft. cap. 24. num. 2. 
 ^ MazicUa in defcrizione del. Reg. di Nap. 
 In princ- 
 
 ' Taflbnc de Antef. verf. 1. obfer. in. 14. 
 " Pragm. i. de Offic.ad Reg. Majeft. cjufque 
 
 VIC. coU. Ipec 
 
 Dukes
 
 Book XVil. ?/ji? K I N o D o M 0/ N A P L E S. 751 
 
 Dukes and Princes of Bcnevento, by taking in fbmetimcs in whole, and fbmetimcs in 
 put, Campagna, Pii^lia, Calabria, Lncauia, Abrttzo, and Sainiio, made a thorough 
 Change in the antient Divifion of the Provinces of Italy. Italy on this Side of the 
 ^ytci- underwent another Alteration, when it was divided into many Principalities 
 and Dukedoms ; to wit, into the Principality of Beneveiitn (which was afterwards 
 divided into Two, that of Sakruo, and that of Capua) the Principalities of Bart and 
 Paramo j the Dukedoms of Niples, Sorrento.^ Amalpbts, Caeta, and laftly Puglta 
 and Calabria, as may be obrer\ed in the preceding Books of this Hiftory. 
 
 BUT the more immediate Caufe and Origin of the prelenc Divifion of theft 
 Pro\'inces, are intirely owing to the Caftaldati, and Ccntadi, which the Longobards 
 "introduced ; for they divided the Dukedom of Benciento into many Cafialdatt, as is 
 clear from the CapituLrria of Prince Kadelchis, recorded by Pellegriuus ; and many 
 of thcfe in the Time of the Xiin/'aus were converted into Giiijtizhran, and afterwards 
 into Provinces. 
 
 CAMILLUS PELLEGKINUS with all his Care and Diligence, has in vain 
 endeavoured to find out the Number of thele Caftaldati in the Time of the Lougo- 
 hards j for it cannot be certainly known, if there were fb many of them as are men- 
 tioned in that Divifion of the Principality of Benevento, which was made by 
 Kadelchts and S/coiiolpbus Princes of Salerno. The moft accurate Pellegriuus ' 
 reckons fome of them, the Chief of which were, the Cajlalduto of Capua, which 
 towards the Weft reach'd as tar as Sora ; that of Cofenza, which extended to 
 S. Eufemia, and Porto del Ftco, which are ftill the Confines of the Province of the 
 Hither Calabria, whereof Cp/c;?2;^ continues to be the Head, and is the Seat of the 
 Prcfidents ; the Cafialdato of Chteti, which comprehended many Cities and Towns, 
 and was afterwards call'd Marca 7'eatina ; the Caflaldato of BojaiiOy which, with the 
 neighbouring Places, was at firfl poffefs'd by Alczeciis Bulgants, with the Title of 
 C^ftaldo, and 200 Years after v. ent to Guandelperttis, whom Erchempertns mentions ; 
 but this Jurifdidtion was annex'd to Molife, an adjoining Caflle, with the Title of 
 Contado ; whence it was firft call'd Contado di Molife, and afterwards the Province 
 of Coiitado di Mclife, which Name it retains to this Day. 
 
 TH£RE were likewife the Caftaldati of itolefe, S. Agata., A'vellino, and 
 Acercuza.; and that of Bari, very famous in the Time of the Lojigobards i whence 
 in that of the Normans it became the Head and Metropolis of all Puglta. The 
 Ciftaldati of Lttcera and Sipouti, famous Cities in Capititutta, which comprehended 
 all the Cities and Towns betwixt the Cajialdato of Bart, and that of Chteti. There 
 were a\fo the Caftaldati of Tarauto, Lticania, or Pcfto, and the famous one of .Sk/i?r;/(j, 
 In this manner, or with a very Imall Difference, did the Longobards divide the 
 Dukedom of Beneteiito, which in thefe Times comprehended Nine intire Provinces 
 of thofe, whereof the Kingdom of Naples is now compofed, and which got thefe 
 Names, to wit, J'erradt Lavoro, excepting ibme few maritime Cities, fuch as Naples 
 and Gaeta, Contado di Molife, Apruzzo Citra, Capltanata, Terra di Bari, Bafilt- 
 cjta, Calabria Citra, and the two Principatos ^ and likewife Part of the Provinces of 
 T'erra d' Otranto, Calabria, and Apruzzo Ulteriore. And though in the Writers of 
 theie Times, and even in common Difcourfe, the antient Names of Campagna ; 
 Calabria, Piiglia, Lucania, Bruzi, and Sannio have been retain'd, yet they have not 
 preferv'd their antient Limits according to thefe Names, but fome tofhew their Learn- 
 ing, others to point out where the Caftaldati were fituated, have made ufe of them, 
 juft as the antient Name of Piiglia ftill continues among us, tho' none of the twelve 
 Provinces of the Kingdom be call'd PvgUa, but either Bari, or CapiTauata. 
 
 WHEN the Normans fucceedcd tne Longobards, the Provinces got new Names; 
 and as in the Time of the Longobards they were call'd Caftaldati, from Caftaldo, the 
 Title of the Magiftrate who had the Government of them i fo in like manner the 
 Normans committing the Government of the Provinces to their Officers, whom they 
 call'd Giuftizieri, the Provinces were call'd Giuftizierati, whence came the Names of 
 Giuftiziero, and Gtiiftizierato of 7'crra di Lavoro, Apruzzo, Puglia, Terra dt Bari, 
 and the like. As thefe Provinces were alter'd, and from Caftaldati were call'd Giu- 
 ftizierati i fo likewife the Names of them, excepting a few, were chang'd, as fhall 
 be feen by a particular Enumeration of them, in the Order modern Authors have 
 rank'd them. 
 
 Pellegr. in DilTert. ult. Ue fin Doc. Bcnev. 
 
 SECT.
 
 7 p I'^^e Civil History of Book XVII. 
 
 SECT. I. 
 
 Terra di L A V O R O. 
 
 TH E Cafialdcto of Capiia is not call'd Giupzierato di Capua, but of STerra di 
 Laioro : But when, and whence this Province took this new Name of Ten-a 
 di Laioyo, and loft that of Campa^na, or Capua, Authors are not agreed. Some 
 believe that this Province had this Name long before the Normans ; but they have 
 been led into that Miftake by a PafTage in a Letter written by Pope Martin loElithe- 
 57?.' .(•, wherein he gives him an Account of what he had fuffer'd in a Voyage {vomKome 
 to the Eaft, which he had undertaken by the Order of Conjians the Greek Emperor, 
 and fays ; Pervenirnns Kalendis Jiilii Mtfenam, in qua erat Navis, id eji career ; 
 non autem Mi fence tantum, fed in Terra Laboris, ^ non tantuni in Terra Labor is, qux 
 fubdita eft magnx Urbi Koinanorum (to wit Conftantinople') Jed & in plurtbus Infula- 
 ri'.vj, &c. But as the moft accurate Pellegrtnus ' well obferves, who is it but fees, 
 that the Tranfcriber of this Letter, by miftake, inftead of Terra Liparis, has put 
 T'erra Laboris ? For the Pope in his Voyage from Kojiie to the Eaft, was oblig'd to 
 pafs by L//)^r/, Najfo, and other Iflands. Befides, if he had meant fZf nvt ^/ Lrt-uoro, 
 he ought not to have mention'd M/feno, as in a different Province from Terra di 
 Lavcro, of which it is a Part, nor plac'd it among other Iflands ; feeing Terra di 
 Lavoro is not an Ifland, but on the Continent, which was not then altogether lubjed: 
 to the Greek Emperor. 
 
 NARCISSUS the Phyfician % according to Sebaftiamis Munfterus, fell into the 
 like Miftake, for he imagin'd that Terra di La-vcro was once call'd Terra Lepcris ; 
 Avhereas the antient Monuments, which he cites, fpeak not of Compagna, now call'd 
 T'erra di Lavoro, but of ^erra di Lipari ; for all the Iflands of Lipari were formerly 
 lo call'd ; In the fame manner we read in Erchempertus > Barium Tel/us ; and in 
 another Place Kegium Tellus ^ and we likewife fay. Terra di Bart, Terra d'Otranto, 
 T'erra di Lavoro, &6c. 
 
 B LO ND US, who is follow 'd by Leander Alhertus, and our modern Writers, 
 committed a grolTer Error. For in his Defcription of Campania, he fancied, that 
 Capua, by Reafon of the old Hatred of the Romans, and the Defolation it had 
 fuffer'd, was become infamous ; and that the People of the adjoining Cities and 
 Towns looking upon the Name of Campani as both ignominious and dangerous, 
 would no longer be call'd Campani, but Leborini j and that from their Obftinacy, 
 all the Country of Campagna, was call'd ^erra di Lavoro. 
 
 BUT the never-enough to be commended Pellcgrinus in his Campania *, has 
 clearly demonftratcd all thele to be meer Dreams, and has given us the true Origine 
 of that Name, its Author, and the Time when this Province got it. He fays, that 
 it was firft call'd fo about the Year 1091, by RichardW. Prince of Capua and his 
 Normans, who, in the beginning of the Year 1091, being driven out of Capua by 
 the Capuan Longobards, forbore to call it the Principality of Capua, and gave it the 
 l^ame of Terra di Lavoro, from the Pleafantnefs of its Soil, fit for any Labour ; 
 and when the Normans, in the Year 1098, for the fecond Time, made themlelves 
 JMafters of Capua, they continued to call it by the fame Name, and the former was 
 but feldom us'd, except in publick Writs ; in the fame Manner as our Kingdom 
 continues to have two Names. 
 
 THUS did this Province, which is bounded on the Eaft by the River Silari, 
 and on the Weft by that of Garigliano, of old call'd Liris, on the North by the 
 j4ppenine Mountains, and on the South by the Tyrrhenian Sea, get both this Name 
 and thcfe large Bounds, and by reafon of the many Cities wherewith it is adorn'd 
 and the Fertility of its Soil, is reckon'd the firft Province of the Kingdom, and 
 Naples the Head and Metropolis thereof. In the Time we are now treating of, to 
 wit, of Frederick II. this Province was call'd Terra Laboris, as may be feen in 
 
 ' Pellegr. difT. f. Due. Benev. I ' Erchemp. apud Pellegr. num. 19& 81. 
 
 ^Narcif apud Munfterum in Cofmographia j * Camil. Pellegr. dc Campania in Appendice 
 lib. 2. ubi de Campania, 8cc. 1 701 
 
 Riccardo
 
 Book XVII. //^^ K I N G D o M 0/ N A P L E S. y^x 
 
 Kiccardo da S. Gctniajto ; and in the Time both of the Norman and Sue"Jan Kings- 
 was govern'd by its own Juftice, who refided Ibmetimes in Qipua, and Sometimes in 
 Naples and other Cities, and was attended by the Judges and other Officers of 
 Tuftice, and the Attorney General. He govern'd the whole Province, tho' every Citv 
 aad its particular Governor, who had the immediate Dired:ion thereof, from whole 
 Decifions the People, by way of Appeal, had recourfe to the Juftice of the Province. 
 And feeing N-jples began to increafe in Frederick's Time, that it might be on the 
 fame Level with dpim and Meffwa^ he order 'd that its Governor fbould have Three 
 Judges under him, and many Notaries ; which was not ailow'd in other leffer Cities. 
 And 'tis faid, that Mirino Caramanico, an able Dodor in thefe Times, was one of 
 the Judges in Naples in the Year 1269 '. 
 
 Fab. Jordan in addit. aJ proam. Conftit. . num. 4;. verf. fecundo refpondetur. Andreys 
 Urfin. de Succef. Feud. par. 2. qu. 2. art. i. ' qu. Feud. cap. 1. §. i. num. a. 
 
 SECT. H, III. 
 
 T^he Hither V Kind's AT O. the Further PRINCIPATO. 
 
 TH E next Province was, and is ftiJl call'd Principato. "Whence it got this 
 Name is very clear, and all Writers agree in it. When Arecbis^ as we have 
 told in the fixth Book of this Hiftory, who was only Duke of Benevento, made him- 
 felf to be crown'd Prince thereof j from a Dukedom it became a Principality ^ and 
 feeing the Dukedom of Betie-vento, before the Divifion made betwixt Kadekhts and 
 Siconolpbiis comprehended likewife Salerno, upon this Divifion there ftarted up Two 
 Principalities, whence both of them got the Name of Principato, and this Province 
 comprehended fb large a Country, that there was a Neceffity of dividing it into Two, 
 whence came the Name of Principato citra, or on this Side the Appemnes, which, 
 with part of Lucatiia, is alio call'd Picentmay and Principato ultra, or on the other 
 Side of the Appenittes, ox Sannio degl' Irpini. 
 
 THE hither Principato, which comprehends the Country of old inhabited 
 partly by the Picentiiii, and partly by the Lucani, is divided from 7'crra di Lavoro 
 on the Weft by the River Sarno, and on the North the Appenines divide it from the 
 further Principato i on the Eaft the River Silaro runs betwixt it and the Bafiltcata, 
 and on the South it is wafli'd by the Tyrrhenian Sea, and has Salerno for its Me- 
 tropolis. 
 
 THE further Principato is the only Province of the Kingdom diftant from the 
 Sea, being lituated amongft the Appentne Hills, at the Head of Sannto, where of old 
 the Hirpint liv'd. It is divided from the hither Principato by the Appenines on the 
 South ; from Terra di Lanjoro, and the Couuty of Molife it is feparated by the lame 
 Appenines above Ncla, and by the Forcbe Caudiue above Arpaja towards the Weft, 
 and by the beginning of Moute Matefe towards the North, which likewife divides 
 it from Capitanata on the North, but more towards the Eaft by the Appenines, which 
 alfo feparate it from the Bafiltcata. It contains a Country call'd Valle Bensventana, 
 which was formerly the principal Part of Sannio, and had Beneiento for its Metro- 
 polis ; but fince that City came under the Dominion of the Church of Rome, ic 
 has other Cities for the Seat of its Prefidents. 
 
 WHENCE the Normans, when they fucceeded the Longobards, gave this Pro- 
 vince the Name of Principato ; and the Abbot of Noce ', tranfcribing in his Notes or» 
 the Chronicle of Gj^wo, the Words of the Diploma given by Pope Ntcbolas II. tothe 
 Abbot Defiderius, appointing him his Vicar over the Monafteries and Monks of thefe 
 Provinces, enumerates this Province among the reft, under the Name of Principato : 
 thefe are the Words j Per totam Cainpaniam, Principatus quoque, & Apuliam, atque 
 Calabriam, &c. And Leo OJlienJis % who wrote that Chronicle a little after the 
 Death of the Abbot Defiderius, afterwards Pope, by the Name of Virior HI. like- 
 wife fays. Per totam Canipantam i3 Principatuni, Apuliam quoque, atque Cala^ 
 briam, Stc. 
 
 ' Ab. deNocead Chron. CalT. lib. 3 cap. i^ num. 1177. ' Ofllenf. lib. j.cap. jj. 
 
 9 C IN
 
 7^4 ^^"^ Civil History of . Book XVIL 
 
 I N the Time of Frederick II. according to what Kiccardo da S. Gerviano, fpeak- 
 ing of the General Courts inftituted in the Kingdom by that Prince, tells us, it 
 appears that this Province was not then divided into Two, as it was afterwards, for 
 making Salerno to be a City, where the general Court was held, and to which the 
 other Provinces were to repair, he fa) s. In Prtncipatu, Sirju Latoris, i^ Comitatii 
 Molifii ufque Soram, apud SakrHU?>i. ; v /') . " '' ■ 
 
 SECT. IV. 
 
 BASILICATA. 
 
 ACCORDING to this Order, the Bafilicata, which comprehends a great 
 Part of the antient Lucaiiia, and part of Magna Grxcia, is next. It is like- 
 wife furrounded in part by the Appetiines^ which divide it both from the further and 
 hither Prhicipato. The Appen'ines are divided in this Province into Two principal 
 Ridges near to Venofa : That which runs to Brindtji parts the BafiUcata from ferra 
 di Bari, as far as Jlltamura ; and the other feparates it from the hither Calabria to 
 the Confluence of the Rivers Corianello and Crati^ and running a little towards the 
 Sea, it touches upon 'terra d'Otranto on the Gulf of 'taranto. This Province is 
 alfo bounded for a little Space, by the Capitanata, from which it is divided by the 
 River Ofanto, betwixt Jlfcoli in Ptiglia, and Laruello. Pefio^ Venofa^ Acerenza^ 
 Melphis, and other famous Cities once belong'd to this Province ; it has now Mater a, 
 Potenza, Lavello and other lefler Cities ; but there's fcarcely a Veftige of the 
 antient remaining. 
 
 WHENCE this Province took the Name oi BafiUcata, and when, has been 
 ill fearch'd into by our Writers ; but it will be eafily found out, if we call to mind 
 •what happen'd to thele our Provinces about the End of thfe Tenth Century, when 
 the Greeks made lb many Expeditions and Conquefts in them, and introduc'd a new 
 Magiftrate into Piiglia, by them call'd Catapanus, from whom a great Part thereof 
 took its Name, and therefore is now call'd Capitanata : In the Time of Bajllius the 
 Emperor of Greece, or of fome of his Generals of that Name, this Part of Lucania 
 got the Name of BafiUcata ; for we have feen in the Eighth Book of this Hiftory, 
 that in the Year 989, while Bafilitis with his Brother Conftantine reign'd in theEalt, 
 the Greeks, by the famous Viftory which they obtain'd over Otho III. Emperor of 
 the Weft, were not only for a long Time Mafters of all Puglia and Calabria, till 
 they were driven out by the Normans ; but likewife of this Part of Lucania, which 
 was poflefs'd by Bafilius, and govern'd by Greek Officers fent hither by him, fome 
 of which, as is clear from the Chronicle of Lupus Protofpata, were alio nam'd 
 Bafilii, whence this Province got the Name of BafiUcata. Joannes Pontanus is 
 li.kewife of Opinion, that this Province was fo call'd in thefe Times of the Greeks; 
 but whence it was fo nam'd, he adds, Jure anceps eft, ac dubium'. 
 
 IN the Time of Frederick II. the BafiUcata was rcckon'd one of the Provinces 
 of the Kingdom by Kiccardo daS. Gerwano, who lays, that Frederick had appointed 
 the City of Gravina to be the Place where the general Court was to be held, and 
 to which thefe Three Provinces were to repair, to wit, ApuUa, Capitanata & Bafi- 
 Ucata apud Gravinam. 
 
 ' Pont. lib. 2. de bello Neap. 
 
 SECT. V, VI. 
 
 The Hither CALABRIA. 9^he Furl her CALABRIA. 
 
 CALABRIA, according to the Denomination which it took from the laft 
 Greek Emperors, in Frederick's Time was divided into Two ; not as now into 
 the hither and further Calabria^ but into lerra Jordana, and Val di Cratt, and 
 
 according
 
 Book XVII. ^/:?^ KiMG DOM 0/ N A P L E S. 7^5 
 
 according to BJccardo da S. Germaiw, In Calabria^ ^erra Jordam, S Vallis Gratce 
 apud Ciifentiam ; and thcfe Names are likewife to be found in Writs, not onlv in 
 the Reign of the Family of Anjou, but alfo in that of the Family of Aragon^ and 
 in the 'I ime of Alpbonfus I. as I'tttiut witnefTech ' ; and according to Pellezrimts ', 
 this Appellation is taken from the River Cr^??/, which waflies that Valley, and we 
 now call the Province of the farther Calabria, Terra Jordana^ which h!LsCataii:zaro 
 for its chiefCity ^ and the hither Calabria is call'd Val di Crati, and has Cofenza for 
 the Scat of its Prefident. Thefe Two Provinces reach from both Parts of the 
 Appenines to the Io;nan and the 'fyrrbcni.vi Seas. They begin to be ieparated above 
 Cofenza, and run in a direct Line to both the Seas, to the Ionian near Strangoli, and 
 to the Tyrrhenian at the Gulf of Htppgniates. The \i\th^r Calabria includes a Part 
 of Magna Grxcia, and has for inland Bounds, the Bajilscata, and the hither Princi- 
 pato, towards the Weft the Appenaies^'And reaches to both the Seas, till it joins the 
 further Calabria towards the Eaft. The further Calabria (which was inhabited by 
 the Briitif) has the flime Confines towards the North ; but on all other Sides it is 
 furrounded by the Seas ; on the Eaft, by the Ionian ; on the South, by the Sicilian j 
 and on the Weft, by the Tyrrhenian. 
 
 ' Tutm. de M. Giuftiz. fol. 97. 
 
 ^Camil. Pellegr.in Caftig. in Anonym. Caflin. 
 pa^. 141. Sic. n. diftaolim, arque etiam nunc 
 dicitur vallis, Regioque perceJebris in Calabria 
 Citeriort fupra Cofentiam ad Septentrionem, 
 
 Tarentinum ad ufque Sinum porrefta, quam 
 pretcrfluit flumen Crathis, vulgo Grati, undc 
 illi nomen, Regiifquc frequentiflime Tabulariis, 
 uec non Riccardo a S. Gcrraano ad ann. ii^+ 
 memoriara. , 
 
 SECT, vii, viir. 
 
 Terra di BARI. Terra D'OTRAN TO. 
 
 PUG LI A, (as it was call'd by the Greeks') which alfo comprehended a Part of 
 antient Calabria, now call'd Terra d'Otranto, in Frederick's Time was not 
 divided into Two Provinces, as now, to wit Terra dt Bart, and Terra d'Otranto ^ 
 and as it was reckon'd but one Province, fo it had only the Name of Apulia, and 
 is fo call'd by Riccardo. However 'tis certain, and Pontamts ' likewife witnefleth, 
 that thefe Names of T'erra di Bari, and T'erra d'Otranto had their Rife, at the fame 
 Time that Bafilicata, and Capitanata were fo call'd : And we read in Erchempertus -, 
 Barium T'ellus, and in the publick Writs in the Time of the Normans, we find the 
 Province of T'erra d'Otranto. The one of thefe Provinces was fb caJl'd from Bari^ 
 its antient and famous Metropolis. The other from Otranto, likewife a renown'd City 
 of the Salentini. 
 
 T'E KK A di Bari, of old call'd Apulia Peucetia, towards the Weft is bounded 
 by the River Ofanto, and extending itfelf in Length, is confin'd betwixt the Banks 
 of the Adriatick Sea, on the North Side of it, and the Appenines which divide it 
 from Bafilicata on the South, where it runs out, and terminates towards the Eaft. 
 It is divided from T'erra d'Otranto on the Land Side, in the Territory of OJiuniy 
 and towards the Sea, between MonopoU and Brindifi at Vtlla Nova, formerly call'd 
 Porto d'Ofiuni. 
 
 T'E RKA d'Otranto begins here, and by the Antients was reckon'd a Part of 
 Pifglia, and alfo call'd Calabrta, Japigia and Salentina. This Province forms that 
 utmoft Point of Land, which makes one of the Three Angles of Italy, where it is 
 bounded by one of the two principal Ridges into which the Appenines arc divided. 
 Here terminates alfo the Adriatick Sea, and mixes itfelf with the Ionian j and is 
 bounded on the Weft by Terra di Ban, and Bafilicata : Then it's walh'd on the 
 North by the Adriatick, and on the Eaft by the Confluence of the Adriatick and 
 Ionian Seas, and on the South by the Gulf of T'aranto in the Ionian Sea. Its 
 .Maritime Cities are Brindifi, Otranto, Galiipoli and T'aranto, formerly a very ftrong 
 ' ity, and had a very commodious Harbour. 
 
 ' Ponr. lib. z. de bcllo Neap. 
 
 SECT.
 
 7 3 <^ 'T'Z?'? C I V 1 L H I s T o p. Y of Book XVII. 
 
 S K C T. IX. 
 
 C A P I T A N A T A. 
 
 THAT Province, which we now call Capilauatj, and which was antiencly call'd 
 Apulia Daiaiia, and comprehended Japigia in Monte Gargano^ got this Name 
 from the Greeks in the Height of their Prolperity, when Bari was the principal Seat 
 of their Refidence. They, in order to maintain their new Conquefts, to keep the 
 People in awe, and to curb Puglia, fent thither a new Governor, whom they no 
 more calfd Straticus, as formerly, but by another Greek Name Catapanus, that is to 
 iav, one that could do every thing. Among the Catapan't^ of whom Lupus Prctcfpa- 
 ta has given us a long Lift, in the Yenr ioi8, Bafilms Bugianus is one, whom 
 Gulielinus ApuUx ' calls Bagiamts. This was he, who, to prelerve his Memory in 
 Italy, made a new Province of that part of Puglia bordering on the Principality of 
 Benevento, and in the Pofleflion of the Greeks, and built new Towns and Cities, 
 one of wliich he nam'd ^roja, to revive the Memory of the antient City of that 
 Name j the others were Dragonaria, Fiorenzuola, &c. whence this Province got the 
 Name of Capitanata, which it retains to this Day. 
 
 THIS Province is divided from Contado di Molife, by Monte Matefe, and the 
 B-iver Fortore, at the Mouth of which it joins the hither Abruzzo near to ^ermoli; 
 and furrounding Monte Gargano, from Sipojito it reaches to the River Ofatito, which 
 parts it from Terra di Ban, and pafling the Villages of the Territory of Barletta, 
 it runs to the Lake of Verfentino j and by the Head of the faid River of Ofanto, 
 it is (eparated from Bafilicata, and by the Appenines in Crepacuorc, and Sferracavalli 
 it is divided from the further Frincipato. 
 
 I N the Time of Frederick it was alfo reckon 'd a Province, (6 that Riccardo 
 numbers it among the other Provinces of the Kingdom, by the Name of Capitanata. 
 However 'tis true, that though in Frederick's Time the Provinces of Capitanatay 
 T'erra di Bari, and Terra d'Ofr^M^o were divided and comprehended in Puglia, taken 
 in its largeft Senfe, yet they were govern'd by one Juftice, call'd the Juftice of 
 Puglia. 
 
 ' Gul. Ap. lib. r. 
 
 SECT. X. 
 
 Contado di M O L I S E. 
 
 TH E Contado di Mnlife, formerly call'd the Cajialdato di Bojano, gave Name 
 to another fmall Province, which it ftill retains ' ; and it was fo call'd from 
 Molife, an ancient City of Samniura, and in the Time of the Longobards, Iferma, 
 Bcjano and other Places, were comprehended in this Contado, from which the Family 
 of Moltfe, now extindt, likewife took its Name. In the Time of Frederick this 
 Contado was a diftinft Province, and Riccardo numbers it among the reft, under 
 the Name of Coniitatus Molijii ; whence it always has been, and is ftill reckon 'd 
 the fmalleft of all the Provinces, and has no Prefident, but is govern'd by the Pre- 
 fident of Capitanata, to which it is join'd. 
 
 • Camil. Pellegr. pag. 89 
 
 SECT.
 
 Book XVII. the Kingdom tf/ N A P L E S. 77,"^ 
 
 1 
 
 SECT. XI, XII. 
 
 7 he Further A B R U Z Z O. The Hither A B R U Z Z O. 
 
 IN the Time of Frederick II. the Giujlizierato of Ahruzzo, was reckon'd but 
 one Province, and according to Riccardo, that Emperor appointed Sulmona to 
 be the Place for holding the general Court ; In Jujiitiaratu Abrutti^ apud Siilmonam. 
 Alphonfus I. of Araz^on,^ in order to remove the Difputes which frequently arofe 
 among the Colledtors of the Taxes, divided it into Two Parts. 
 
 THIS Country was once very famous for the w.irlike People that inhabited ic, 
 to wit, the Prcegutti^ the Mairucini, the Amiternini, the Marfi^ the Ve/lnii^ the 
 HirpDUj ^c. The Longohards eredted it into a Cajialdato, which they indifferently 
 call'd the Caftaldato of Abruzzo, or of ^eramo^ as we read in Petriis Diaconus ' : 
 GaJiflJdatus Teramneufls ; for Teraim^ by the Ancients call'd Intcramiia, was the 
 Metropolis City of the Prxgittii. Although the Word Abruzzo be varioufly 
 deriv'd; by fome from the Ruggednefs of the Mountains, by others from the 
 Abundance of wild Boars, yet its true Derivation is from Teramo, which was like- 
 wife call'd Abruzzo^ becaule it was the Metropolis of the Prxgiitii, who, by a 
 corrupt Word, were afterwards call'd Abrtitii ^. 
 
 THIS Province, which we now call the further Abruzzo (that is to fay, on 
 the other Side of the River Pefcard) befides 1'eranio, Aniiteruo, (from the Ruins of 
 which Aqutlc.^ now the Seat of the Prefidents, had its Rife) contain'd Forcone^ 
 Vc'.lerta^ and other renown'd Cities of the Marji. In the Country of the Marrifcini, 
 and Ferenrmii, now call'd the hither Abruzzo (that is to fay, on this Side of the 
 River Pefeara) it comprehended Chieti^ by Strabo call'd I'heamim^ which was the 
 Metropolis of the MarrHchii, and is now tlie Seat of the Prefidents, Ferattanay 
 Oi'tone, Lanciano, Sulmona^ Atemo, and other famous Cities, fome ot which are 
 yet in beir>g. By theft Provinces o( Abruzzo, with a fmal! Part of <terra dt LavorOy 
 the Kingdom is feparated from the Dominions of the Church of Rower 
 
 SUCH was the Difpofition of thefe Provinces, of which our Kingdom is now 
 compos'd, in the Time of Frederick, and they were call'd Giuftizierati, from the 
 Gttijiizien, or Jujlices, who govern'd them. According to the Computation of 
 Kiccardc da S. Germam, a Cotemporary Writer, they were only Ten in Number, 
 to wit, Calabria divided into Two, 'viZ. 'Terra Jordana, and Val di Crati ; Puglia 
 into Terra d'Otrafito, and Terra di Rari ; Cafitanata, Bafilicata and Priitcipato, 
 divided into Two ; T'erra di Lavoro, Cotttado di Moi.fc, and the Gtttfiizicrato of 
 Abruzzo, likewife divided in the fame Manner. 
 
 THERE was not a Juftice appointed for each of thcfe, but one frequently 
 govern'd many Provinces, as we read of Giaconio Guarna Count of M.irfico, who 
 was Juftice of Puglta, and T'erra di Lavoro ^, and of Tortmafo d' Aquino, who was 
 Juftice of Puglta, and had the fble Adminiftration thereof, which is now divided 
 into Three Provinces ; and even in our Time we fee, that the Prcfident of Capita- 
 vata, who refides in Lucera, likewife governs the Province of the Contado dt Molife. 
 Sometimes Two Juftices govern'd one Province, as in the Year 1197, Roberto di 
 Venofa, and Gt<yvanni dt Frafftnetto, were both Juftices of T'erra di Bart j and in the 
 Year 1225 Pictro d'Eboh, and Ntccolo Cicala, were Juftices of Terra di Lavoro*. 
 In the Times of the Kings of the Family of Anjou, one Juftice wasfent to more 
 than one Province ; and the fame was alfb pratftis'd in the Reigns of the Kings of 
 the Houfe of Aragon ; and till the Time of Philip II. according to Alejfandro 
 d' Andrea ', who wrote of, and ferv'd in the War which that King had with Pope 
 Paul IN. there were only Six Governors, firft call'd Juftices, and afterwards Vice- 
 roys, who adminiftred Juftice to more Provinces than one ; for the Two Abruzzt 
 had then but one Prcfident ; the Contado di Molife, and Capitauata another, as they 
 have at prcfent ; the further Princtpato had one, the hither Pnncipato, and liafihcata 
 
 ' Pet. Diac. in AucV ad Ofticn. lib. 4. c. zi 1 * Idem de Coiueftab. pag. 6. 
 * Camil. Peleg. in difT. ulc. de Due. Benev. I "" Andr. Ragionam. 2. 
 ' Tutin. de At. Gluftlzicri, in prlncip. I 
 
 9 D haa
 
 738 
 
 The Civil History of 
 
 Book \y\\. 
 
 had but one ; I'erra d'Otranto, and Terra di Bart one j and the Two Calahrias an- 
 other, ftut the Divifion was made afterwards, according to the Number of the Officers, 
 call'd Treafurers, who colleded the Royal Revenues, for the greater Conveniency of 
 colleding them, and the Number of Governors was the fame, whence, excepting the 
 Contado di Molife, each Province had its own particular Prefidcnt. 
 
 •SI 
 
 rm^ 
 
 ^i 
 
 If 
 
 CHAP. VI. 
 
 Gejieral Courts and Fairs injlituted by Frederick in thefe our 
 'Provhices. The Children he left 3 and his laji Will 
 
 L L thefe Juftices were fubordinate to the Lord Chief Juftice of the 
 Kingdom, who refided at Palermo, the Place of the King's Refidence, 
 and where he kept his High Court ; but Frederick, who could not 
 fix himfelf in any one Place, but as his Affairs call'd him, made 
 Progredes over all the Provinces of his Dominions, held his High 
 Court in every City where he made any Stay, and was attended by 
 the Lord Chief Juftice, and the Judges of that Court. And this prudent Prince, 
 who was a Lover of Juftice, for the better Government of thefe Provinces, in the 
 Year 1233, having conven'd a General Parliament in Mejjina, ordain'd a General 
 Court to be held Twice a Year in certain Provinces of the Kingdom ', where any 
 Perfon, that found himfelf injur'd by, or had Caufe to complain of the Juftices, or 
 anv other of his Officers, fhould lay their Complaints before his Delegate, fent 
 thither by him for that EfFedt, who was to fet down all the Grievances in Writing, 
 and, together with Four Clergymen of known Probity and Reputation, was to f^al 
 the faid Writing, and prefent it to his Imperial Court. But Complaints agaiiifl 
 Perfons who were not Officers, were to be decided by the Juftices of the Provinces. 
 
 I N thefe General Courts, Four Perfons of the beft Account and known Probity 
 of each City, and Two of each Village or Hamlet of the Province were to be 
 prefent. And it was likewife ordain'd, that the Prelates of thefe Cities, if they 
 had not a lawful Excufe, were to be prefent to inform the Court if there were any 
 Patareni, or other Hereticks in their Province, and if they could not be there them- 
 felves, they were to do it by others, that thefe Hereticks might be feverely punifh'd. 
 Thefe Courts were to continue for Eight Days, and when Matters of Moment were 
 to be difculs'd, they could prolong the Time to a Fortnight. 
 
 THE Places appointed for holding of thefe Courts were, in Sicily, Piazza ; in 
 Calabria, Cofenza, where Two Provinces were to meet, to wit, ferra Jordaua, and 
 Valle di Crati, now call'd the hither and further Calabria s ; the Provinces of Puglia, 
 Capitanata and Bafilicata, were to meet in the City of Gravina ; the Two Provinces 
 of Prmcipato, 'terra di Lavoro, and Contado di Moltfe, as far as Soray were to meet 
 in Salerno ; and the Two Provinces of Abruzzo in Sulmona. 
 
 THE Times fix'd for holding of thefe Courts, were the firft Day of May, and 
 the firft of November. They were to be compos'd of the Emperor's Delegate, the 
 Chief Juftice, the Juftices of the Provinces, the High Chamberlain, the Cham- 
 berlains and Bailiffs of the Provinces, and other Officers of the Court, the Prelates, 
 Counts, Barons, and the Citizens of thefe Places, as above appointed. 
 
 RIc. S Germ, ad Ann. iij;. 
 
 IN
 
 Book XVII. the K i n g d o m c>/ N A P L L S. 7 5 p 
 
 I N order to keep up Plenty of all Things, this fame general Parliament held at 
 Jllejfiita, appointed publick Fairs in Seven Places of our Kingdom ', whither all 
 Merchants were to carry their Wares, and while the Fair lafted, they were not 
 allow'd to carry them to any other Place. The firft was appointed to be in Sulnwna, 
 and to laft from the Feaft of St. George, to that of the Apparition of St. Michael the 
 Archangel: The fecond was to be in Capua, and to continue from the 2.2A of May, 
 to the 8th of June: The third in Litcera, and was to begin on the Feaft of the 
 beatified Pope Jo/j;/, and to hold Eight Days : The fourth ni Ban, and to laft from 
 K.\\GYe.A{\ioi Mary Magdalen, to that of St. Laurence: The fifth in T^arauto, from the 
 Feaft of St. Bartboloine-^, to that of the Nativity of the Bleffed Virgin ; Thefixth in 
 Cofenza, from the Feaft of St. Matthciv, to that of St. Diouyfuis : The feventh in 
 Reggio, from the Feaft of St. Luke, to that of ylll Saints. 
 
 THUS did this moft prudent Prince, by his provident Care, put thefe our 
 Provinces in a better Form of Government ; an*d if chcy had not been depriv'd of 
 of him by Death in the midft of his Progrefs, he would have provided them witli 
 many other wholefome Laws, and improv'd them to greater Advantage ; but his 
 untimely Death put a Stop to the Career of their Happinefs, and they fell after- 
 wards into a moft deplorable State ; for they were torn to Pieces, difturb'd and 
 miferably afflided by many Invaders, (each contending for the Crown) till the 
 Royal Race of the Sae'vi being extinct, they came under another Family ^ which 
 fliall be the Subjed: of the firft Book of the next Volume. 
 
 FK£ DER ICK, by fundry Wives, and fome Concubines, left many Children. 
 According to Cufpinianus, he had Six Wives. The firft wzsConfiantia, Daughter 
 of Alpbonfus II. King of Aragcn, and Sanaa Queen of Cajitle, by whom he had 
 Henry King of Germany, who died in Prifon, and Jordanus, who died an Infant : 
 The fecond was Jole, Daughter of John of Brenna, King of Jerufalem, who 
 brought him as her Portion, the Rights to that Kingdom, which (he had by Right 
 of her Mother Mary, by her he had Conrade King of the Romans : The third was 
 Agnes, Daughter of Otbo Duke oi' Moravia, whom he divorced, and (he was after- 
 wards married to Ulderick, Duke of Carintbia : The fourth was Rutiua, Daughter 
 of Otho Count of IVolffeuxhaufen in Ba-varia: The fifth was Ifabella, Dauc^hter of 
 Lewis Tiukc of Bavaria-, none of thele Three brought him any Children: The 
 fixth was likewife nam'd Ifabella, or Elizabeth, Daughter of ^o-?^// King of England 
 and Sifter to the Prince o( Hales, afterwards King of England, nam'd Ilcnry III. 
 and it may be feen in the Annals of that Kingdom, re-printed in the Reign of Queen 
 Anne, that Frederick fent Pietro delle Vigne to England to treat about this Marria<»e • 
 by this Ifabella, Frederick had Henry, whom it was believed, Conrade caused to'^be 
 poifon'd, which occafion'd thofe Broils between the ¥An^oi England, Henry'sUnde 
 and Conrade, of which we fhall take Notice hereafter ; Ifabella likewife bore fome 
 Daughters. Cufpinianus was in the Wrong to write, that there was no Male Child of 
 this Marriage ; for the moft approv'd Authors, amongft which Zurita, with more 
 Truth, fay. That fhe was the Mother oi Henry, who got the Kingdom of Jerufalem, 
 and a Hundred thoufand Ounces of Gold from his Father, and was afterwards 
 poifon'd by the Means of Conrade, as fhall be told in the following Book of this 
 Hiftory. The Eldeft of the Daughters, nam'd Agnes, was married to Conrade 
 Landgrave of Tburingia, and Confiantia the Youngeft, to Lez^-ts, Landgrave of 
 Hefe. 
 
 FRE D ERIC K had likewife by 5(?<«rm^ Princefs o? Antioch (whom, accord- 
 ing to Zirrita, he unlawfully took to Wife) Frederick Prince of Antiocb, and Count 
 01 Alb i, Celano, and Loretto, who, according to fbme Authors, by his Father was 
 intitlcd King of I'ufcany. This Frederick had a Son, nam'd Conrade of Antiocb, 
 \vho married Beatrice, Daughter of Count Galvano Lancia, by whom he had 
 Frederick, Henry and Galvano of Antiocb ; whofe Offspring flourifh'd for fome Time 
 in Sicily. 
 
 THE Emperor Frederick had alfo by a Sifter of Goffredo Maletta, Count of 
 Minio, and Ti-ivento, Lord of Monte S. Angela, and High Chamberlain of the 
 Kingdom, Manfred Prince of Taranto, afterwards King of Naples and Sicily, and 
 Conftantia, who, in her Father's Life-time, was married to Carolus Joannes Battafius 
 'Emperor of Conjlantinople, a Schifmatick, and Enemy to the Church of Rome, as 
 
 ' Ric S- Germ. 
 
 may
 
 74° 'The Civil History oj Book XVII. 
 
 may be feen in the Royal Archives ; with which Pope Innocent IV. upbraided him 
 when he depriv'd him of the Empire ; and it may be gather'd from Frederick's laft 
 Will, that he looic'd upon Manfred as born in lawful Wedlock, feeing he is there 
 nam'd to fucceed to his Father's Dominions, in cafe Conrade and Henry fhould die 
 without Iffue ; and lome Writers have maintain'd, that he was lawfully begotten, 
 and not a Baftard ; which has led Matheia Pans into a Miftake, when in nis Hiftory 
 he fays, That Manfred was born of Bianca Lanza, and that the Emperor married 
 her while he was fick, a little before he died. And by the laid Bianca Lanza, by 
 fomc call'd Marchionefs of Monferrat, and other Women, he had Henry King of 
 Sardniia, commonly call'd Eiitius, who died Prifoner in Bologna, and fome 
 Daughters, one of which was nam'd Selvaggia, and was married to Ezzeltno 
 1'tranno di Padova ; another to Tommafo d' Aquino Count of Cerra ; and a Third to 
 the Count o(Caferta. 
 
 FREDERICK, before he died, made his laft Will, by which he left his Son 
 Conrade King of the Romans, Heir of the Empire, and of all his other Dominions, 
 and particularly of the Kingdoms of Piiglia ^nd Sicily ; and upon his Death without 
 Iflue, Henry his other Son was to fucceed, and if he fhould die without Children, 
 Manfred Prince of T'aranto, alio his Son, was to fucceed ; and as long as Conrad» 
 fhould remain in Germany, or any other Place, he appointed Manfred with full 
 Authority to be his Lieutenant in Italy, and efpecially in Piiglia and Sicily. To 
 Manfred he left the Principality of 'Taranto, with the Counties of MontefcagUofo^ 
 Tricarico, and Gravina, with the Ccmnty of Monte S. Angela, and the fame Title 
 and Honour which he had given him in his Life-time, with all the Cities, Towns, 
 and Caftles belonging to the laid County, but referv'd the Sovereignty to Conrade, &c. 
 
 BUT feeing the Will itlelf delerves to be read, we have here fubjoin'd it, and 
 it is the very fame which heretofore was to be leen in the Royal Archives, according 
 to Matteo d'Afflitto, and is mention'd by Bzovitis in his Eccleliaftick Annals, and by 
 feveral Writers of this Kingdom : Capecelatro copied it from a very antient Chronicle 
 of the Deeds of Frederick, and of Ibme Kings his SuccefTors ; and it is the very fame 
 that is mention'd by Coftanzo, Siimmonte^ littini ', and other Authors. 
 
 ' Tutini de Conteftablli del. Reg. foj. 44. 
 
 Teftamentum FRI DERICI II. 
 
 IN nomine Dei cetenti, iS Sal'vatoris noflri Jefu Cbrifii. Anno al Incarnatione ejus 
 millefimo ducentefimo quinqtiagefimo primo, ^ pritno Anno Domini nojiri Corradi 
 Gloriojiffimi Romanorum, Hierufalem, Sicilia, & Italia Regis, raenfe Jamiariiy 
 9 Indifiione. Dim in Archiepifcopali Salernitano Palatio, in prxjentia Domini Cxfarts, 
 Dei Gratia 'venerabilis Salernttani /irchtepfcopi effemus nos Pbilippus, MatthaiiSy 
 Komoaldus, t? Philippus Judices, prxfentibus Mattbxo de Vallone Straticoto Salerm 
 Pbilippo Grxco, & Gtilielmo Curialt Notarits ad hoc fpecialiter rogatis : Iltujlris vir 
 Dominiis Bertoldus Marchio de Hohenbttrch Dei, & Domini noJlri Regis Corradi gratia, 
 Domimis Montis fortis, & Argentii, Cafiri S. Severini, S honoris ejus, ojlejidit, S 
 prcefeuta'vit p-rxdi^o Domino Archiepifcopo teftamentum, ft've ultimam 'voluntateni 
 quondam Domini nojtn J'ereniffimi hnperatoris Friderici II. cerea, & pendente Bulla, 
 ejufdem Domini Imperatoris infignittim, quod "vidimus, S legimus, S omni 'vJtio, & 
 fnfpitione carehat, & erat continentia: talis. 
 
 IN nomine Dei atemi, ^ Salvatoris noftri Jefu Chrifti. Anno ah Incarnatione ejus 
 Millefimo ducentefimo quinquagefimo, die Sabati, Decimo feptimo Decembris, uonx 
 IndiSiionis. Primi Parentis tncauta trangreffio fie pofteris legem Conditionis indixit, ut 
 earn ne diluvii proclivts ad pamam effugio effrenis adducere, ncc Baptifmatis tarn Cele- 
 bris, turn falubris unda Itniret, quin fatalitatis cu mortalibus [enefcentis avi 
 
 lafci'via tranfgreffionis in posnam ctilpx transfuga tanquam cicatrix ex njulnere remaneret. 
 Nos igitur Fridericus II. Divina faiente dementia Romanorum Imperator femper 
 Auguftus, Hierufalem, 6^ Sicilioe Rex, memor conditionis Humana, quam jemper oomi- 
 tatur huniana fragilitas, diim vita nobis inftaret terminus, loquela, & niemorice in 
 nobis integritate vigenttbus, egrt corpore, jani mente fie anhnne nojtrce conj'uknduni 
 
 pro'vidmus 
 
 I
 
 Book XVII. /i6^ Kingdom 0/ N A P L E S. 741 
 
 ftrovidinna, fie de Imperio, ^ Re^nis noflris duximns difponendum^ ut rebus htimanis 
 cijfumpti 'videamtn; & filiis nofiris, nuibus nos Divhia clementtc. fxcimdavit^ quns 
 pyaefeitti difpofitwue fub poena benediHioins iioftrx -voluimis cffe contentos, ambitioiie 
 fttblata^ omiiis materia fcandalt fopiatio: Stattiimus itaqitc Cvrradum Konuuontm in 
 Kegem ele^um, i3 Kegni Hierofolymitavi hxredem dilethm fihttin noflmm, nobis 
 kxredem in Imperio, & in oviuibus aliis . ... ^ quoqiio niodo aequifitts, & fpceialiter tn 
 Regno uoftro Sietlite ; qiteai fi decedere contingent fine liberis, ftieeedat ct Hcnrieus filius 
 nofter, quo defunilo fine Itberis fiuccedat et Manfredus filius nofter : Conrado -vera 
 morante in Alemannia, 'vel alibi extra Regnuiu : Statuiuw.s prxdiffum Manfredum 
 Balium didt Conradi in Italia, G fpecialiter in Regno Sieilix, dantes et pknariam 
 fotefiatem omnia faciendi, qua Perfona nofira faeere pofiet, fi vivereinus, videliect in 
 concedendis terris, eafiris, & villis, parentelis, & dignitatihus, beneficiis, 6^ omnibus 
 altis jttxta dtfpofiitionem fuam, prater antiqua demania Regni Sicilix, ^ quodConradus 
 U Henricus pradiffi filii nofiri, & corum hxredes omnia, qux ipfe fecerit firma & rata 
 teneant, & obfervent. Item concedimus, t? eonfirmamus di^o Manfredo filio princi- 
 patum I'arenti, 'Videlicet, a Portu Rofiti, ufque ad ortnm fiuminis Brandant, cum 
 Comitatibus Montis Caveofi, 'Triearici, 6j? Gravina, prout Comitatus ipfe protenditur 
 a maritima Tcrrx Bari ufque Palinurum, cum Terris omnibus a Palinttro per totam 
 Maritimam ufque ad di£lum Portum Rofiti, cum Comitatibus Cafiris, S villis infra 
 contentis cum omnibus Juftitiis, pertinentits, & rationibus omnibus tam ipfius Princi- 
 patus, quam Comitatuum prxdi^forum. Concedimus etiam eidem Comitatum Montis 
 S. Angeli, cum titulo, S honore fuo, ^ omnibus Civitatibus, Cafiris, Villis 'Terris 
 Pertinentits, Jufiitits, & Rationibus eidem Comitatui pertinentibiis, videlicet, ufque de 
 Dcvianio in Demanium, & qux de Servitio in Sernsitium. Concedimus, & eonfirmamus 
 eidem quidquid fibi in hnperio etiam a nofira Majefiate concefifiim, ita tamen quod prx- 
 diifa omnia a prxfato Conrado teneat, ^ recognofcat. Itemftatuimus, quod Fridericus 
 nepos fiofier babeat Ducatus Auftrix, & Sttrix, quos a prxfato Conrado teneat ^ 
 recoghofcat, cut Friderico judtcamus dari pro expends futs decern niiliia unciarum auri. 
 Item Jtatuimus, ut Henricus filius nofier babeat Regniim Alcarenfe, -vel Regnum 
 Hierofclymitanum, quorum altcrum di£ius Conradus prxfatum Henricum habere 'vvlucrit, 
 cut Heufico judtcamus dari centum millia unciarmn auri pro expenfis. Item ftatuimus 
 ut centum tnillia unciarum auri expendanttir, pro folute animx noftrx in fuhfidium 
 'Terrx Santlx fecundum ordinationem diiii Conradi, i3 aliorum nubiliim Crucefigna~ 
 torum. Item ftatuimus, quod omnia bona Militix Domus Templi, qux Curia nofira 
 tenet reftituantur (idem, ea 'videlicet, qux de jure debcnt habere. Item ftatuimus ut 
 Ecclefix, y Domibus Religiofis refiituantur jura earum, ^ gaudcantfolitata libertate. 
 Item ftatuimus, quod homines Regni nofiri fiut liberi, & exempti ab omnibus generaltbus 
 coUshis, ficHt confueverunt ejfe tempore Regis Gulielmi II. Confobrini nofiri. Item ftatui- 
 mus, quod Comitcs, Bar ones, 6i? Milites, & alii Feudatarii Req^ni gaudeant juribus & 
 rationibus, qux confueverunt habere tempore prxdiili Regis Gulielmi in colle£lis & altis. 
 Item ftatuimus, ut Ecclefix Lucerix, Sorx, & fi qux alix Ecclefix Ixfx funt perOfficiales 
 mfiros reficiantur, ^ refiituantur. Item ftatuimus, ut tota Majfaria noftra, quam 
 habemus apud S. Nicolaum de Aufido, G omnes proventus ipfius deputentur ad repara- 
 tionem, ^ confervationem Pontis ibi confiruili, vel conftrueudi. Item ftatuimus, ut 
 omnes Captivi in carcere noflro detempti liberentur, prxter illos de Imperio, S prxter 
 ill'js de Regno, qui c apt i funt ex proditionis nota. Item ftatuimus, quod prxfatiis Man- 
 fredus filius nofter omnibus bene merit is de Familia noftra provideat vice noftra in lerris 
 Cafiris i3 Villis, filvo Demanio Regni Jioftri Sicilix, & quod Conradus, S Henricus 
 prxdifiifilii nofiri, c3 hxredes eorum ratiim, & firmum habeant quicquid idem Manfredus 
 fuper hoc duxerit faciendum. Item volumus, & mandamus, quod nullus de Proditoribus 
 Regni aliquo tempore reverti debcat in Regnum, nee alicui de eorum gencre Succurrerc 
 poffmt, imo hxredes nofiri teneantur de eis vindtllam fiimerc. Item ftatuimus, quod 
 mercatoribns creditor ibus nofiris debita folvanSur. Item ftatuimus, ut San fix Romana 
 Ecclefix Matri Nofirx, ^ aliorum nofirorum fidelium jtira reftituantur, fi ipfe Ecclefia 
 refiituat jura Imperii. Item ftatuimus, ut fi dc prxjenti infirmitate noftra mori con- 
 tingent, in niajori Ecclefia Panormitana, in qua Divi Imperatoris Henrici, & Divx 
 Imperatricis Confiantix parentum nofirorum memonx recolendx tumulata funt corpora, 
 corpus nofirum debeat fepeliri ; cui Ecclefix dt mittimus unci as auri quingcntas pro faint e 
 animarum diiiorum parentum nofirorum, & noftrx, per nianus Berardi venerabilis 
 Panormitani Arcbiepifcopi, familiaris, & fidslis nofiri, in repar.itione ipfius Ecclefix 
 erogandas. Prxdiila autem omnia, qux aCla funt tn prxfentia prxdtili Arcbiepifcopi, 
 
 9 E Bertoldi
 
 741 The Civil History, ^'c. Book XVH. 
 
 BertokU MiU'cbioiiis de Uohenbtirch dile^i confauguhiei, ^ faviiliaris tiofiri, Riccardi 
 Colpitis d'.fertani dilefri generi nofiri, Petri Ruffi de Calabria Marefcallx nofirce 
 2I.!giJiri, Riccardi de Monte Nigra magnce Curix noftra Magiftri Jtijlitiarii^ Magiftri 
 Joauiiis de Idronto Notarii nnftri, Fulconis Ruffi, Magiftri Joannis de Procida, Magiftri 
 Roherti de Paiiormo Imperii, S Regiii Stcilne, & niagux Curia: uoftra: Notarii, meorum 
 fidelium, quos prcefenti dtfpcfttione uoftra mandavii/itis iuterejfe, per prxdi^uin CoN' 
 radt'.m filiiim, & haredem noftrum, S alios fiiccej/lve fub poena benediffioiiis noftrx 
 teuaciter difponiiiius obferuari, alioqiiin hxreditate ncftra non gatideant. Ita atiteui 
 tinivcrfts fidelibtis noftris prafeittibus, S fiituris fub Sacramento fidelitatis, qua nobis, 
 & hxredibi'.s noftris tcnenttir, iiijungimus, ut prceditla onniia illibata tencant, ^ olfer- 
 'vent. Prcefens autem I'eftamentiim nojtrtaii, & nltimam 'vohintatem noftram, quam 
 robur firnittatis 'VoUimus obtinere, per prxdi£lum Maguificiim Nicolaum de Brundufio 
 Scribi, S Signo San£ix Cruets propria viatius noftra Sigtllo noftro, ^ prxdiiiorum Sub- 
 fcriptionibus jujftnius comnniniri. A^tm apiid Florentimim in Capitanata, Anno, 
 Menfe, Die, ^ Indi^iione prxdiSla. Anno Imperii noUri XXXII. Regui Hieru- 
 yj/fw XXVIII. y Regni Sicilix lA. Sigmun San^x Crucis proprix manus prxdi6fi 
 Domini Imperatcris Frederici. ^li fupra Bcrardus Panormitanus Archicpifcopus 
 Doinini Imperatoris familiaris. Ego Bertokhis Marcbio de Hohenburch Us interfui, ^ 
 Subfcripft. Ego Riccardus Comes Cafertx its interfui, & me fubfcribi feci. EgoPetrus 
 Rt'.ffus de Calabria Imperialis Marefciallus Magifter interfui his, G fubfcribi feci. 
 Ego Riccardus de Monte Nigra Magnx Imperialis Curix Magifter Juftitiarius. Ego 
 Magifter Rohertus de Panormo, qui fupra Judex. Ego Joannes de Idrituto, qui fupra 
 interfui. Ego Fulcus Rtiffus de Calabria his interfui, ^ ftibfcripfi. Ego Joannes de 
 Procida Domini Imperatoris Medicus teftis fum. Ego qui fupra Notarius Nicolaus de 
 Brundufio, quia omnibus prxdi^is interfui, prxfens ^eftamentim propria manti fub' 
 fcripfi, & 7ueo figna ftgnavi. 
 
 CUM autem 'teftamentiim prxdiSiura a nobis le^lmn fuiffet^ idem Domimts Archie- 
 pifcopus tunc nos rogavit, ut quia quxdani in diSlo ^eftamento contineantur, qtix ad 
 ntilitatem Salernitanx Ecclefix Matris noftrx pertinere nofctmtur, ipfum infinuare, feu 
 public are deberemus, ut ex infinuatione, feu publicatione ipfius poffit inde fidelis affumi. 
 Nos autem precesjuri confentaneas admiilentes ipjum 1'eft amentum totumper ordtnem de 
 'verba ad %-erbum nihil in eo addito, 'vel fubtrailo in banc Scripturam publicam per 
 mannm ^homafii publici Salerni Notarii tranfumi fecimtis, ^ tranfcribi, quod fcripfi 
 ego prxdiClus 'thomafius publicus Salerni Notarius, qui rogatus interfui, 'vidi, & legi^ 
 i3 illud in hanc Scripturam redigens publicam, meo figno fignam, quod autem fuperius 
 nititur virgulas fcriptum, ^ legttur noftra, & quod dtfturbatum eft, legitur, recog- 
 
 nofcat Adeft fignum ^. Ego qui fupra Philippus Judex >}*. Ego qm fupra 
 
 Matthxus Judex ^. Ego qui fupra Romcaldtis Jtidex >j<. Ego qui fupra 
 Philippus Judex. 
 
 FINIS.
 
 C ] 
 
 INDEX 
 
 OF THE 
 
 Chapters contain'd in this First Volume. 
 
 BOOK I. 
 
 HAP. I. Of the State of 
 the Cities 0/ Italy p. 3 
 Chap. II. Of the State of 
 the Provinces of the Em- 
 pire p. 6 
 Chap. III. Of the Dtfpoft- 
 tion of the Empire under Auguftus 8 
 Ch. IV. Of the Dtfpofition and Pohty of 
 the Regiones, 'which at prefent compojc 
 the Kingdom of Naples, ajid the Con- 
 dition of their Cities 9 
 Seft. I . Of Naples, now the Head and 
 Metropolis of the Kingdom 1 1 
 §. 2. Naples "was not altogether a free 
 Kepuhlick^ and independant of the 
 Romans 14 
 ^. 3. Of other famous Cities in thsfe- Coun- 
 tries 1 7 
 $ . 4. Of famous UYiters 1 8 
 Ch. V. Of the State of Italy, and ofthefe 
 our Provinces under Adrian, to the 
 7/;w^ o/Conftantinc the Great 19 
 Ch. VI. Of the Laws 20 
 Ch. VII. Of the Lawyers and their Books 
 
 21 
 
 Ch. VIII. Of the Conjlituttons of the 
 
 Princes 26 
 
 Ch. IX. 0/ the Papirian, Gregorian, 
 
 and Hermogenian Codes 29 
 
 Ch. X. Of the Academies jr 
 
 §. I. Of the Academy of Rome in the 
 
 Weft ibid. 
 
 §. 2. Of the Academy of Berytis //; the 
 
 Eaft 33 
 
 \ 3- 35 
 
 Ch. XI. Of the Ecclefiafiical Polity in the 
 three firji Centuries ^j 
 
 §. I. 7'he Ecclefiajlical Polity of the firji 
 three Ages in the Eaji 40 
 
 $. 2. 7'he Ecclefiajiical Polity in the IVeft^ 
 and in thefe our Provinces 43 
 
 §. 3. Naples, as alfo all the other Cities 
 of this Kingdom, -jjere univerfally 
 Heathen ^.-j 
 
 §. 4. Of the Ecclefiaftical Hierarchy and 
 Synods 49 
 
 5. Of the Ecclefajiical Regulations ibid. 
 
 6. Of the Cognizance of Caufes 50 
 'j.OftheEleiltonofMiniJiers 51 
 8. Of Temporalities 52 
 
 BOOK II. 
 
 Ch. I. Of the Dtfpofition of the Empire 
 ««<^fr Conftantinc the Great 57 
 
 Ch. II. Of the Officers of the Empire 60 
 Ch. III. Of the Officers to -jjhom the Govern' 
 ment of our Provinces -was committed 62 
 §. I. Of Campania and its Conl'ularcs 
 
 ibid. 
 §. 2. Of
 
 INDEX. 
 
 §. 2. Of Puglia and Calabria, and their 
 Corredlores page 67 
 
 §. 3. 0/Lucania^«^?/;eBrutii, and their 
 Corredtores 69 
 
 §. 4. Of Samnium and its Praefides 72 
 
 Ch. IV. Of the firft Invafion of the 
 Weftrogoths, in the Reign c/Honorius 
 
 73 
 §. 1 . 7'hefc Provinces 'iscere never yielded 
 or ^fveii azvay to any Perfon 15 
 
 Ch. V. Of wiv LawSy and 
 
 iie-jj 
 
 JuriJ- 
 
 § 
 
 prudence^ under Conftantine ajid bis 
 Sticccffors 80 
 
 Ch. VI. Of the Civilians f and their Bocks, 
 and of the Academy of Rome 8 5 
 
 §. I. Of the Academy 0/ Conftantinople 
 
 87 
 
 Ch. VII. OftheConftitutions of the Princes^ 
 
 out of ii.'htch the Theodofian Code is:as 
 
 fomd 88 
 
 I. Of the Ufe and Authority of this Code 
 
 in the IVeft, and in thefe our Provinces 
 
 90 
 
 Ch. VIII. Of the exterior Ecclefiaftical 
 Polity, from the Reign of the Emperor 
 Conftantine the Great, to that of 
 Valentinian III. 
 
 §. I. Of Monks 
 
 §. 2. Of the firft Colleff ion of Canons 
 
 §. 3. Of the Cognizance of Caufes 
 
 §. 4. Of temporalities 
 
 BOOK III. 
 
 Ch. I. Of the Weftern Goths, and their 
 Laws 117 
 
 fi. I. Of the Alarick Code 119 
 
 §. 2. Of the ^ranflation of the Royal Seat 
 o/f/.7c \Vcftrogoths/rw? Thoulpufe in 
 France, ?o Toledo «^ Spain J2i 
 
 ^. 3. Of the new Code of the Laims of the 
 Weftrogoths 122 
 
 Ch. II. Of the Eaftern Goths, and their 
 EdiSls 124 
 
 ^. I. 0/TheodoricktheOftrogoth, King 
 0/ Italy 127 
 
 ^. 2. 'The Roman La'jus retain d by Theo- 
 dor'ck /;/ Italy, and his Edi£ls coih 
 formable to the fame m 
 
 §. 3. The fame Polity and Magiflrates re- 
 taind by Theodorick tn Italy 135 
 
 §. 4. The fame Difpojition of the Provinces 
 retain d by Theodorick 135 
 
 §. 5. 7 he fame Codes retain d, and the 
 fame Conditions of Perfons and Inheri- 
 tances 139 
 
 §. 6. Of the eminent Virtues of Theo- 
 dorick, and his Death 140 
 
 §. 7. 0/Athalarick King of Italy. 144 
 
 Ch. III. Of the Emperor Juftinian, and 
 his Laws 145 
 
 §. I Of the firft Juftinian Code ibid. 
 
 6. 2. Of the PandeSis and Inftitntions 146 
 §• 3- Of }\x?i\mAn s fecond Code De repe- 
 tita prdeleclionc 148 
 
 ^. 4. Of the Novelise 0/ Juftinian 151 
 §. 5. Of the Ufe and Authority of thefe 
 Books in Italy, and in thefe cur 
 Provinces \^^ 
 
 Ch. VW .The Expedition of ]\:i^\n\ax\ againft 
 Thcodatus King 0/ Italy, the Succeffor 
 of Athalarick 1 54 
 
 §. I. Of Vitiges, Eldibaldui, and Era- 
 ricus, Kings of Italy i^<j 
 
 ^.z. Of TotWa King of Italy 158 
 
 §.3. Of Teja the la ft King of the Goths 
 in Italy 160 
 
 Ch. V. Of the Emperor '^M^m II, and of 
 the ne-w Polity introduced into Italy, and 
 thefe our Provinces, hy Longinus his 
 firft Exarch 164 
 
 Ch. VI. Of the exterior Ecclefiaftical 
 Polity 165 
 
 .1. Of the Patriarch of the Weft 167 
 . 2. Of the Patriarch of the Eaft 168 
 . 3. The Ecclefiaftical Polity of thefe our 
 Provinces under the Goths, to the 
 Reign 0/ Juftin II. 171 
 
 . 4. Of Monks 174 
 
 . jr. Ecclefiaftical Statutes and new Col- 
 lect ions 177 
 .6. Of the Cognizance of Caufes 179 
 . 7. Of Temporalities 182 
 
 BOOK IV. 
 
 Ch. I. Of Alboinus I. King of Italy, 
 •who fix'd his Royal Seat in Pavia ; and 
 of the other Kings his Succeffor s 188 
 I. O/Clephjs II. King of Italy 189 
 1.2. O/Awtgris III. /iCi/ig 0/ Italy 191 
 3. The Origin of Fiefs or Feodal Hold- 
 ings in lta,ly 192 
 
 Ch. II. Of the Dukedom o/Beneventum ; 
 and of Zoto its firft Duke 194 
 
 Ch. III. Of Agilulfus IV. King nf the 
 Longobards ; and o/Arechis II. Duke 
 o/Beneventum 200 
 
 §. I. Of Arechis II. Duke of Benevcn- 
 tum 201 
 
 Ch. IV. Of the Dukedom of Naples, amjL 
 its Dukes 203 
 
 Ch. V. Of Adalualdus and Ariovalduj 
 V. 0Hd\l. Kings of the X^ongobards 
 
 206 
 
 Ch. VI. Of King Rotaris VII. by -whom 
 the Laws of the Longobards in Italy 
 were put in IJ'riting 207 
 
 Ch. VII. Of Ajo and Radoaldus III. 
 and IV. Dukes &/ Bene vcn turn 210 
 
 Ch. VIII. Of Grimoaldus V. Duke of 
 Bencventum ; of the IVars which he 
 had with the Neapolitans ; and the 
 Death of Kinfi_ Rotaris 211 
 
 Ch.IX. Of
 
 INDEX. 
 
 Ch. IX. 0/Rodoaldus, Aripertus, Par- 
 carites, Gundebertus, VIII. IX. X. 
 and XI. Kin^s of the hongobards 214 
 
 Ch. X. 0/Grimoaldus XII. KiNgr 0/ tte 
 Longobards j of Rotnualdus VI. Duke 
 of Beneventum ; and of the Italian 
 Expedition of Conftans Eviperor of the 
 Eaji 215 
 
 §. I. 0/Romualdus VI. Duke of Bene- 
 ventum 216 
 
 §. 2. 1'be coming of the Bulgarians, and 
 the Origin of the Italian Language 219 
 
 §. 3. 1'be Laws e/Grimoaldus, and bis 
 Death 221 
 
 Ch. XI. Of Garibaldus, Pertarites, 
 Cunipertes, and other Kings^ and 
 Dukes of Beneventumj dozvn to Luit- 
 prandus 222 
 
 §. I. Of Grimoaldus II. Gifulphus I. 
 Romualdus II. Adelai, Gregorius, 
 Godelcalcus, Gifulphus II. and Luit- 
 prandus, Dukes 0/ Beneventum 223 
 
 f. 2. 0/ Luitpertus, Ragumbertus, Ari- 
 pertus II. and Afprandus Kings of the 
 Longobards 224 
 
 Ch. XII. Of the exterior Ecclefafiical 
 Polity in the Kingdom of the Longo- 
 bards, from Autaris down to King 
 Luitprandus ; and in the Empire of the 
 Greeks, from Juflin II. down to Leo 
 Ilauricus ibid. 
 
 §. I. 'it be Ele6iioH of Bijbops, and their 
 Difpofition in tht Cities of thefe our 
 Provinces 228 
 
 z. Monks 233 
 
 3. Ecciefiafiical Regulations 234 
 
 4. letaporalities 235 
 
 BOOK V. 
 
 §. I. ^ be Laws of hmtpvindus 240 
 
 §. 2. Innovations in Italy, occafion'd by 
 the Edt6ls of Leo Ifauricus 241 
 
 §. 3. 'The Dukedom of Naples keeps its 
 Allegiance to Leo Ifauricus 245 
 
 $. 4. The Origin of the temporal Domi- 
 nion of the Popes in Italy 246 
 
 §. 5. Pope Gregory II. and bis Succeffor 
 Gregory III. ivere tbc firft that bad 
 Kecourfe to France for Succour 250 
 
 §. 6. Conftantinus Copronimus fucceeds 
 to his Father Leo. 'the Death of 
 Luitprandus KAUg of the Longobards 
 
 251 
 
 Ch. I. 0/Rachisiir/;;_g;o//i?'e Longobards, 
 and his Laws 25 3 
 
 §. I. the tranjlation of tbc Kingdom of 
 France from the Merovingian to the 
 Carlovingian Line 254 
 
 §. 2. Rachis abandons bis Kingdom., and 
 turns a Monk c/CafTino 255 
 
 Ch. II. 0/Aftolphus K'.Kgrfthe Longo- 
 bards, his Expedition to Ravenna, and 
 the End of that Exsrch:rte ij.S 
 
 §. I. the Expedition of Aftolphus into 
 the Roman Dukedom 259 
 
 §. 2, Pope Stephen in France, his Nego- 
 tiatious icith Ki/.g Pepin, and "the 
 Donation of Pentapolis made by this 
 Prince to the Church of Rome, and the 
 Exarchate of Ravenna taken from the 
 Longobards 261 
 
 §.3. the Laws of Aftolphus, and his 
 Death 265 
 
 Ch. III. the Neapolitan Dukedom^ Ca- 
 labria, Brutiiim, and fomc other mari- 
 time Cities of thefe our Provinces, con- 
 tinue in their Allegiance to the Emperor 
 Conftantine, and Leo his Son 266 
 
 Ch. IV. 0/Defiderus the laji King of the 
 Longobards 268 
 
 Ch. V. Although the Longobards were 
 espelCd Italy, yet their Laws were pre- 
 fers d m it. their IVifdom and Jiiftice 
 
 273 
 
 §. I. the Laws of the Longobards 
 retain d long in the Dukedom of Bene- 
 ventum, and afterwards fpread over 
 all the Provinces, of which our King- 
 dom is now composed 278 
 
 Ch. VJ. Of the Ecclcfiaftical Polity 281 
 
 §. I. Of the Colleilion of the Canons z'is 
 
 §. 2. Of Monks and temporalities 286 
 
 BOOK VI. 
 
 Ch. I. Of the Dukedom o/Benevento, its 
 Extent and Polity 29 r 
 
 Ch. II. 0/ the Dukedom of Naples, its 
 Extent and Polity 29 6 
 
 Ch. III. How Arcchis changd the Duke- 
 dom of Beneventum into a Principality.^ 
 and endeavour d to free himfclf altoge- 
 ther from Stibjeffion to the French 301 
 
 Ch. IV. Of Grimoaldus II. Prince of 
 Beneventum, and of the IVars he 
 maintain d againji Pepin King of Italy 
 
 305 
 
 Ch. V. Charles the Great, from a Patri- 
 cian became Roman Emperor, and what 
 Part Pope Leo III. ailed in it 307 
 
 Ch. VI. 0/Grimoaldus II. rt«c/ Sicardus 
 Princes of Beneventum, and the Peace 
 which they made with the French, and 
 of their IVctrs with the Neapolitans 
 
 314 
 5. I. Of Sico Prince 0/ Beneventum 315 
 5. 2. The firft Invafion of the Saracens 
 into thefe our Provinces 3 1 7 
 
 §. 3. 0/SicardusV. Prince 0/ Beneven- 
 tum 318 
 
 9F 
 
 Ch. VII. tht
 
 INDEX. 
 
 Cb. VII. 'the Ecclefiaftical Polity of the 
 Churches and Mmuift cries of the Prhici- 
 pality ofBenevcntum 321 
 
 §. I ^he Ecclefiaftical Polity df the Nea- 
 politan Churches, and of the other Cities 
 fubjed to the Creek Empire 325 
 
 BOOK VII. 
 
 §. I. the Divificn.of the Principality of 
 Bcnevenco, from "which the Principa- 
 lity of Sakrno bad its Rife 332 
 
 §. 2. 7 be Origin of the Principality of 
 Capua 3 35 
 
 §. 3. the Expedition of the Emperor Lewis 
 agdinfi the Saracens ; and bis Imprifon- 
 vicnt in Benevento 336 
 
 Ch. I. Charles the Bald fucceeds in the 
 Empire of the IVeft : New Incnrfions of 
 the Saracens, accompanied with other 
 
 . Revolutions and Diforders 339 
 
 6. I. Greater Confufions and Calamities in 
 thefe our Provinces by the Death of 
 Charles the Bald, /;/ the Reign of 
 Carlomann 342 
 
 §. 2. Calamities in the Principality of 
 Salerno 343 
 
 Ch. II. the Condition to which the Junf- 
 prudence, and other Parts of Learning 
 were reduc'd in thefe times , and of the 
 new Collection of the Laws made by the 
 Emperors of the Eaft 34^ 
 
 §. I. New Colleliions of Laws made in 
 Greece ; and their Ufe amon0 iis in 
 thofe Cities that were fiihjetl to the 
 Greeks 34^ 
 
 Ch. ill. the Kingdom of Italy paffes 
 from the French to the kalians : Great- 
 er Revolutions happen on that Account 
 in thefe our Provinces ; and the Rife of 
 the Dukedom o/Amalphis 354 
 
 fi. I. the State of thefe our Provinces, 
 and the aggrandizing o/Amalphis 357 
 
 Ch. IV. the Principality of Benevento 
 retaken from the Greeks 359 
 
 §. I. Nezv Jncurfions of the SarsLcens, and 
 Recotirfe had on that Account to the 
 Emperor of the Eaft 361 
 
 Ch. V. the Ecclefiaftical Polity 364 
 
 BOOK VIII. 
 
 Gh. I. Otho re-eftabliftjes the Kingdom of 
 Italy : His Expedition againft the 
 Greeks, and the Advancement of the 
 County 0/ Capua to a Principality 369 
 
 Ch. II. Otho fucceeds his Father. Diftur- 
 bances in the Principality of Salerno, 
 to "which at laft Pandulphus fucceeds 
 
 373 
 
 §. I . Surnames of Families reftor'd amoliz, 
 us, which for a long time had been d:]- 
 us'd 3.16 
 
 §.2. the unfortunate Expedition cf Otho II. 
 again/} the Greeks, and the Death of 
 Pandulphus Iron-head 378 
 
 Ch. III. the Greeks recover greater 
 Strength in Puglia (?«rf Calabria, the 
 Advancement of the Dukedom of Bari , at 
 this time the Seat of the Catapani 381 
 
 Ch. IV. Ocho fucceeds to the Kingdom 
 and the Empire. New Revolutions hap- 
 pen in Ital)', and in thefe our Provinces 
 on that Account, and his Death 38^ 
 
 Ch. V. the Jnftitiition of the EMors of 
 the Evipire, and the Ele^ion 0/ Henry 
 Duke 0/ Bavaria 388 
 
 Ch. VI. the Ecclefiaftical Polity of thefe 
 our Provinces during the tenth Century., 
 to the coming of the Normans 392 
 
 §. I. the Difpofition of the Churches fub- 
 je£i to the Greek Empire, which were 
 reftord afterwards by the Normans to 
 the Roman See 397 
 
 BOOK IX. 
 
 Ch. I. the City of AverCz founded, and 
 Rainulphus the Norman made firft 
 Count thereof 412 
 
 §. I. 'the coming of the Sons o/Tancred 
 Count of Hauteville, and the Death of 
 Conrade the Salick, and his Laws 413 
 
 Ch. II. the Conqtieft of Puglia by the 
 Normans 41 y 
 
 §. I. 0/ William Bracciodiferro, the firft 
 Count of Puglia, created in the Tear 
 1043 422 
 
 §. 2. Drago II. Count of Puglia 424 
 
 §. 3. the firft Inveftitures given by the 
 Emperor Henry to the Normans 426 
 
 Ch. III. the Origin of our Papal In- 
 veftitures ; and the unfortunate Expe- 
 dition of 'Leo IX. againft the Normans. 
 His Imprifonment and Death 428 
 
 Ch. IV. the Conqtieft of Calabria by the 
 Normans. Pope Stephen oppofes it i 
 but he dying opportunely in Florence, 
 all his Meafures were broke 436 
 
 §. I. Robert Guifcard is proclaimed firft 
 Duke of Puglia and Calabria 438 
 
 Ch. V. the Principality of Capua being 
 taken from the Longobards, came 
 under the Dominion of the Normans 
 of Avcrla 440 
 
 BOOK X. 
 
 Ch. I. the Dukedom of Bari fubjeCfed to 
 the Normans 450 
 
 Ch.II. rhe
 
 INDEX. 
 
 Ch. II. 7'he Conquejl of Sicily by the 
 Normans 452 
 
 Ch. 111. Robert conquers the Principalities 
 of Salerno and Amalphis 455 
 
 Ch. IV. 'The Principality of Benevento 
 intirely fubjecfed to the Dominion of the 
 Normans, and the City oj Benevento 
 to tbeCourcb of Rome 457 
 
 Ch. V. The Debates which the Emperor 
 Henry had "with Pope Gregory, ivho 
 had Kecourfe to Duke Robert, and was 
 by him relieved when bejlegd in Cafile 
 S. Angelo, by the Emfcror'i Army 459 
 
 §. I. hivefiiture given ly Gregory VII. 
 to Duke Robert 463 
 
 Ch. VI. The Conquefts of Duke Robert 
 ;■;: the Eaji. His Death ^ and that of 
 Gregory VII. foon after 464 
 
 Ch. VII. Boemondus ditiurhs the Domi- 
 nions of bis Brother. Amalphis andCz- 
 pua. revolt. Origin of the Cm fades 467 
 
 Ch. VIII. Urban II. makes Count Koger 
 his Legate, whence the Monarchy of 
 Sicily had its Rife 471 
 
 §. I. Urban holds a Council in Bari; his 
 Death, and foon after that of Count 
 Roger, and other Princes 476 
 
 Ch. IX. parrels between the Emperor 
 Henry IV. and Pops Gelafius II. Jn- 
 "veftitures given by this Pope to our 
 Norman Princes ; and a Schijm between 
 Callirtus II. and Gregory VIII. 478 
 
 Ch. X. Lothaire Duke of Saxony, by 
 the Death of Henry, fucceeds in the 
 Empire of the IVefi. The Union of all 
 thefe our Provinces in the Perfon of 
 Roger, Great Count of Sicily, by the 
 Death 0/ William Duke of Puglia 480 
 
 Ch. XI. The Longobard and Feodal 
 Laws retain d by the Normans ; Learn- 
 ing, rcjlord in their Kingdom by the 
 Monks of Caffino, and by the Arabs 
 in Salerno 482 
 
 §. I. The firji Colledion of Longobard 
 Laws ; and their Gloffators. 4*^4 
 
 §. 2. Learning reviv'd amongfi us by the 
 Means of the Monks of CafUno 48 7 
 
 $. 3. Of the SchohSalerni, famous in theje 
 Times for the Study of Philofophy and, 
 Phyftck, brought hither by the Arabs 
 
 488 
 
 Chap. XII. Of the Ecclefiaftical Polity of 
 thefe our Provinces during the whole 
 Eleventh Century, to the Reign of 
 Roger I. King of Sicily 494 
 
 $. I. Monks and Temporalities 496 
 
 BOOK XI. 
 
 §. I . The fni'efiiture given by Pope Ana- 
 clet to Roger I. King of Sicily 506 
 
 § 
 
 Chap. I. Pope Innocent II. in Confedetacy 
 with the Emperor Lothaire, makes 
 IVar upon King Roger 508 
 
 §. I. Lothaire corner a Second Time into 
 Italy, and defeats RogerV Army 512 
 Ch. II. The Pandefls found tn Amalphis. 
 The Roman Jurifprudence, and the 
 Books of Juftinian re-viv'd in the Aca- 
 demies of Italy 514 
 Ch. III. King Roger profecutes the liar 
 againft Innocent. Anaclet dies ; and 
 foon after the Emperor Lothaire and 
 Rainulphus Duke of Puglia Itkewife 
 die. Roger recovers the Cities which 
 he had loft ; and all thefe Provinces, 
 with the Dukedom of Naples, fubmit 
 to his Dominion. Innocent is made 
 Prifoner, and Peace concluded betwixt 
 him and K. Roger, to whom he grants 
 the Inveftiture of the Kingdom 518 
 I. The Dukedom of Naples, Bari, 
 Brindifi, and all the other Cities of the 
 Kingdom fubmit to Roger 523 
 Ch. IV. The Kingdom is eftablijh'd, and 
 modelled with new Laws and Officers 
 
 S26 
 
 Ch. V. Of the Laws of Roger I. King 
 
 of Sicily 530 
 
 §. I. Of the particular Feodal Laws of 
 
 this Kingdom 537 
 
 Ch. VI. Of the Officers of the Crown Si9 
 
 §. I. Of the High Conflable 540 
 
 §.2. Of the High Admiral 542 
 
 Of the Naval Laws ^^^ 
 
 Of the High Chancellor 546 
 
 Of the Lord Chief J uft ice ^^d 
 
 9.5. Of the High Chamberlain 551 
 
 5. 6. Of the great Protonotary 5^3 
 
 §.7. Of the High Steward 556 
 
 Ch. VII. Roger'j Expedition into Africa. 
 
 His Virtues and Death j^g 
 
 §. I. The Coronation of William I. and 
 
 the Deaths of Pope Eugcn, and the 
 
 Emperor Conrade, who was fucceeded 
 
 by Frederick Barbarofla 560 
 
 BOOK XIL 
 
 §. I. The Emperor Frederick I. enters into 
 a League with Emanuel Comnenus 
 Emperor of the Eaft, and with the 
 Pope makes liar agaihift King William 
 
 56S 
 
 $.2. Articles of Peace fettled with Pope 
 Adrian, and Inveftiture given by hini 
 to King William ; whereupon a Peace 
 -with the Emperor Emanuel followed 
 
 sn 
 
 Ch. I. The Emperor Frederick, being 
 offended at the Pope for the Peace be 
 bad made with William, return d ane^jj 
 
 inta 
 
 I'-
 
 INDEX. 
 
 into Italy. Held a Dyet in Roncaglia, 
 and yeftord the Regalia tn Italy. 574 
 
 Ch. II. 1'be Barons of the Kingdom of 
 Puglia confpire againji Majone. Matteo 
 Bonello kills bim ; and a ne-iv Confpira- 
 cy is hatcb'd, in order to dethrone King 
 William, and to fet Roger his Son, 
 a Child of Nine Tears of y^ge, upon 
 the throne 577 
 
 Ch. III. King William being fet at Liber- 
 ty, takes upon him again the Govern- 
 ment of the Kingdom. The Death of 
 Roger his eldefl Son. New Commotions 
 in Palermo and Puglia, -which at lafi 
 are quieted by the Death of Bonello, 
 and of the other Confpirators 584 
 
 Ch. IV. After the Death of Vi<ftor the 
 Antipope, Alexander III. is acknow- 
 ledgd for true Pope, and returns to 
 Rome ; and King William, after 
 having appeafed foine Diftitrbances that 
 happen d in his Palace, in the Tear 1 1 60 
 dies in Palermo 586 
 
 Ch. V. St he Laws of King William I. 
 
 589 
 
 BOOK XIII. 
 
 Ch. I. William Ws Marriage with Joan, 
 Daughter of Henry II. King of Eng- 
 land. The Emperor Frederick'^ 
 yirmy defeated by the People of the 
 Milaneze j whereupon the Emperor 
 made Peace with Pope Alexander III. 
 
 599 
 
 §. I. The Dominion of the Adrlatick Sea 
 
 604 
 Ch. II. The Expedition of the Sicilians 
 
 into Greece. The Marriage of Con- 
 
 ftantia to Henry King of Germany. 
 
 The Death of King William, and his 
 
 Laws 607 
 
 §. I. The Laws of KingWWlhmU. 612 
 Ch. III. Of the Compilers of the Feodal 
 
 Rooks, and of their Commentators 614 
 §. I. Of the Ufe and Authority of thefe 
 
 Books in our Provinces 615 
 
 §. 2. Authors, who have illufirated the 
 
 Feodal Books 618 
 
 §. 3. Imperial Confiitutions relating to 
 
 Fiefs, <«;;rf Frederick' J Lrtw J 619 
 
 BOOK XIV. 
 
 Ch. I. William III. King of S'lcWy fuccecds 
 to his Father Tancred. The Emperor 
 Henry makes War upon him, and takes 
 himPrifoner 630 
 
 CJb. n. The Emprefs Conflantia takes 
 tht Government of the Kingdom. Her 
 
 Dsatb } and an End of the Koyal Ktice 
 of the Normans. 635 
 
 Ch. III. The Ecclcfiaftick Polity of thefe 
 our Provinces throughout all the Twelfth 
 Century, to the Reign of the Suevi 637 
 
 §. I. New Collc£lious of Canons, and 
 CraxiAn s Decree 638 
 
 §. 2. The Ele^ion of Bijbops and Allots 
 
 640 
 
 BOOK XV. 
 
 Ch. I. The Expedition of Walter Count of 
 Brenna, againft the Kingdom of Sicily, 
 on account of the Pretenfions of bis 
 IVife Albinia 647 
 
 §. I. Cuma deflroyd, and its Church 
 united to that of Naples 653 
 
 Ch. II. Pope Innocent makes a Voyage to 
 Sicily, where be concludes a Marriage 
 betwixt King Frederick and Conflan- 
 tia, the Daughter of Alphonfus 11. 
 King of Aragon ; and defends the 
 Kingdom againft the Jnvafion of the 
 Emperor OtholSf . 655 
 
 Ch. III. King Frederick being eletted 
 Emperor, goes to Germany, and is 
 crown d in Aix la Chapelle; and In' 
 nocent fummons a General Council to 
 he held in the Lateran Palace 658 
 
 Ch. IV. The Origiiie of the Inquifition 
 againft Hereticks j and the Death of 
 Pope Innocent III. 660 
 
 BOOK xvr. 
 
 f I. Of the Guelf and Ghibelline 
 Fa^ioHs 669 
 
 §. 2. Of the Capuan Court 670 
 
 Ch. I. The Rife of the Difcords betwixt 
 the Emperor Frederick II. and Pope 
 Honorius 672 
 
 Ch. II. The Union of the Crown of Jeru- 
 falera to that of Sicily 674 
 
 §. I. Frederick transports the Saracens 
 out of Sicily to Lucera of Puglia, and 
 Lucera de Pagani 671 
 
 Ch. III. Of the Univerftty of Naples, 
 inftituted by Frederick 678 
 
 Ch. IV. Of the Lawyers who flouri^fd 
 among us in thefe Times 681 
 
 Ch. V. Pope Honorius III. preffes the 
 Emperor Frederick to undertake tb» 
 Expedition to the Holy Land; but this 
 Pope dies before it was put in Execu- 
 tion 683 
 
 Ch. VI. Frederick'i Expedition to the 
 Holy Land 687 
 
 Ch. VII. Pope Gregory 'j Expedition into 
 Puglia 691 
 
 Ch. VIII. Of
 
 INDEX. 
 
 Ch. VIII. Of the Confiittitions of the 
 Kingdom 698 
 
 §. I. U/ the Vfe and Authority of thefe 
 Confiitutions during the Reign of the 
 Suevi ; and of their Expofitors 702 
 
 BOOK XVII. 
 
 Ch. I. Henry King of Germany rehells 
 againji the Emperor Frederick his 
 Father : But being overcome, is humbled ; 
 and Frederick makes liar againft the 
 Lombards in Italy , Pope Gregory 
 oppofes him, and at laji excommunicates 
 him 706 
 
 Ch. II. An open IVar breaks out betwixt 
 Frederick and Pope Gregory, who, 
 after he had been every way worjled by 
 the Emperor, dies of Grief 713 
 
 Ch. Ill- Sinibaldo Fiefchi is eleifed Pope 
 by the Name of Innocent IV. whopro- 
 fecutes the II ar againft Frederick, as 
 his Predeceffor Gregory had done; and 
 calls a Council to be held in Lyons /;; 
 France 718 
 
 §. 1. 1'he Hifiory of the Council of 'Lyorxs, 
 in which the Emperor Frederick was 
 depos'd 720 
 
 §. 2. 7'be unhappy End of Pietro deJle 
 Vigne 723 
 
 Ch. IV. Frederick carries on the irar 
 againfi the Lombards, at the fame 
 Time that Conrade his Son -was harafs'd 
 by Henry of Thuringia, and William 
 Count of Holland. Frederick dies in 
 Fiorentino, and is fucceeded by Con- 
 rade 725 
 
 Ch. V. 'the Difpofition and Nmnber of 
 Provinces, of which the Kingdom of 
 
 Naples is now composed 
 
 1. Terra di Lavoro 
 
 2, 3. 'the Hither Principato. 
 Further Principato 
 
 4. Bafilicata 
 
 5, 6. the Hither 
 Further Calabria 
 7, 8. Terra di Bari 
 
 Calabria. 
 
 730 
 732 
 the 
 
 733 
 
 734 
 the 
 
 ibid. 
 
 Terra d'Otranto 
 
 735 
 5. 9. Capitanata 736 
 
 §. 10. Contado di Molife ibid. 
 
 §. II, 12. the Further Ahmzzo. The 
 Hither Abruzzo 737 
 
 Ch. VI. General Courts and Fairs injti- 
 tuted by Frederick /;; thefe our Pro- 
 vinces, the Children he left, and his 
 
 laji mil. 738 
 
 FINIS. 
 
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