It was not long before the presence of a new and great legislator became clearly visible. One of the first acts of Hildebrand, acting under Nicolas, was to hold a council in Rome in 1059, at which many things of importance were decided. The reader will want no argument to prove that there was urgent need of an established and certain rule for the election of the Popes, a necessity constantly recurring and giving rise to a continual struggle. It had been the privilege of the Roman clergy and people; it had become a prerogative of the Emperors; it was exercised by both together, the one satisfying itself with a fictitious co-operation and assent to what the other did, but neither contented, and every vacancy the cause of a bitter and often disgraceful struggle. The nominal election by the clergy and people was a rule impossible, and meant only the temporary triumph of the party which was strongest or wealthiest for the moment, and could best pay for the most sweet voices of the crowd, or best overawe and cow their opponents. On the other hand, the action of the secular power, the selection or at least nomination of a Pope--with armies behind, if necessary, to carry out his choice--by the Emperor across the Alps, was a transaction subject to those ordinary secular laws, which induce a superior in whatever region of affairs to choose the man who is likely to be most serviceable to himself and his interests--interests which were very different from those which are the objects of the Church. No man had seen the dangers and difficulties of this divided and inconsistent authority more than Hildebrand, and his determination to establish a steadfast and final method for the choice and election of the first great official of the Church was both wise and reasonable. Perhaps it was not without thought of the expediency of breaking away from all precedents, and thus preparing the way for a new method, that he had, apparently on his own authority, transferred in a manner, what we may call the patronage of the Holy See, to Tuscany. The moment was propitious for such a change, for there was no Emperor, the heir of Henry III. being still a child and his mother not powerful enough to interfere. [Illustration: TRINITA DE MONTI.]