“Art. 9.  The Senator is always to be nominated by us and our successors.  For the first election alone we reserve to ourselves the right of nominating the Magistracy of the Conservators.  Hereafter, as vacancies occur, the Senator shall nominate the Conservators from a double list presented to him by the Magistracy.

“Art. 10.  The judicial functions are to be exercised in the name of the Senator, by judges nominated by him.  Their appointment shall be for life.  They cannot be removed except for fraud or neglect of duty, recognised as such by the Magistracy, or on being sentenced to any disgraceful or penal punishment.

“Art. 11.  Five AEdiles, nominated after the same fashion as the Conservators, shall superintend the preservation of the ancient monuments and the repairs of the public buildings.  For this purpose a special fund (the amount to be determined by the Government) shall be placed yearly at their disposal.

“Art. 12.  Between the kingdom of Italy and the Roman State, there shall be no intermediate line of customs or duties.  The Government of Rome may, however, impose an octroi duty on victuals at the gates of the city.

   “Art. 13.  For . . . years no ecclesiastic can hold a civil office in
   Rome or its territory.”

The second decree declares that the Papal States, with the exception of the Roman territories above described, are irrevocably and in perpetuity annexed to the Kingdom of Italy, and that the Code Napoleon is to be the law of the land.

The third is headed, “Dispositions with regard to his Holiness,” and disposes of the Papal question in this somewhat summary manner.

   “We Napoleon, by the grace of God, and by the Constitution, Emperor of
   the French, King of Italy, Protector of the Rhenish Confederation,

   “Having regard to our first decree concerning Rome, have decreed, and
   decree as follows:—­

   “Art. 1.  The Church and the Piazza of St Peter, the palace of the
   Vatican and that of the Holy Office, with their dependencies, are a
   free possession of his Holiness the Pope.

   “Art. 2.  All the property of the Capitol and the Basilica of St Peter
   are preserved to those institutions under whatever administration the
   Pope may please to appoint.

   “Art. 3.  His Holiness shall receive a yearly income of one million
   Italian francs, and shall retain all the honorary privileges he has
   enjoyed in past times.

   “Given at our Imperial Palace of St Cloud, this —–­ day of Sept.
   1808.”

In the midst of the Spanish campaigns, these documents were perused and approved by the Emperor, who wrote to Aldini, at that time in Italy, and told him to make private inquiries as to whether the time was opportune for the promulgation of these decrees, and whether it was expedient to require the clergy to take an oath of allegiance to the new constitution.  Aldini’s reply contains the following remarkable passage:—­