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BY JOHN ADAMS, LL. D.

AND A MEMBER OF THE ACADEMY OF ARTS AND SCIENCES
AT BOSTON.

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Some philofophers have been foolish Anough to imagines that improvements
might be made in the fytica of the univerfe, by a different arrangement
of the orbs of heaven; and politicians, equally ignorant, and equally pre-
fumptuous, may easily be lea to fuppofe, that the happiness of our world
would be promoted by a different tendeney of the human mind.

JOHNSON'S ADVENTURER, No 45.

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TIRKVBA

THE NEW YORK PUBLIC LIBRARY

160498

ASTOR, LENOX AND

TILDEN FOUNDATIONS.

1899.

A

DEFENCE

OF THE

CONSTITUTIONS OF GOVERNMENT

OF THE UNITED STATES OF

AMERICA

PISTOIA.

MY DEAR SIR,

NEW YORK

October 4, 1787.

Ton of placing judges in all places under
HE Roman republic, according to is cul-

*

its dominion, fent to Piftoia a prætor, who had the whole jurifdiction, civil and criminal, over the city; referving always, according to the tenor of the Roman laws, the obedience to the magiftrates of that commonwealth. This jurifdiction, acquired by the Roman republic over the city of Piftoia, paffed to the Roman emperors, and from thefe into the power of the Goths and the Lombards, and fucceffively in those who, from time to time, where the lords (fignore) of Tufcany; and has continued, down to our times, under the fame tie and obligation of dependence. It is very true, that the province being liberated from the government of foreign nations, and its governors (dominatori) having permitted the people to make laws

* Memorie Storiche della citta di Pistoia, raccolte de Jacopo Maria Fioravanti, nobile Patrizio Piftoiefe. Edit. Lucca. 1758, cap. ii. p. 15.

VOL. III.

B 2

and

and create magiftrates, the authority became divided hence, when the conceffion was made to the Pistoians to create magiftrates, take the name of confuls, and form the general council of the people, they were permitted to expedite, by the authority of thefe, many things in their city; referving always, nevertheless, the fovereignty to their lords. This conceffion of governing themfelves by their own laws, obtained by the provinces of Italy, was the mere liberality of Charlemain, at a time when, having delivered them. entirely from the government of the barbarians, he placed the under the command of one of his royal ministers, with the title of marquis, or of duke. Under this fyftem of government was comprehended Tufcany, which had its dukes and marques, who governed it. But as it was the custom of Charlemain, and, long after him, of his fucceffors, to fend to the cities of this province two fubaltern minifters, one with the name of caftaldo, or governor, and the other with that of count, which is as much as to fay, judge of the city, who held his courts of juftice either alone, or in conjunction with the caftaldo, and very often with the bishop of the place, as the bishops were affeffors and officers, deputed as vaffals of the king or the emperor; fo the city of Pistoia was a long time ruled and governed by this order of caftaldi and counts. Otto the Second, having afcended the Imperial throne, and having conducted, with little good fortune, the affairs of Italy, the people began to think it lawful to lose their refpect, and to fail in their veneration, for the imperial commands, and the cities advancing in their inclination for liberty, many of them began to

Sigonius, de Regno Italiæ, lib, iv.

re-affume

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