CHAPTER II.

_THE ORIGIN OF THE FLORENTINE COMMUNE._[82]

I.

When the Longobards became masters of nearly the whole of Italy, and

subjected it to their long and cruel sway, they are known to have

appointed a duke to every one of the principal cities they occupied.

Rome remained free from them, having a Pope; Ravenna also escaped

because an Exarch was soon to hold rule there, and almost all the

cities by the sea were likewise exempted, inasmuch as the Longobards

were ignorant of navigation, and needed assistance for their maritime

trade. It was for the same reason that republics such as Venice,

Amalfi, Pisa, Naples, and Gaeta, were of earlier origin than the rest.

The dukes enjoyed great authority and independence; indeed, some of the

duchies, especially on the borders, became so extended as to resemble

small kingdoms--_e.g._, the dukedoms of Friuli, Spoleto, and Benevento.

This circumstance greatly contributed to the decomposition of the

kingdom and to the fall of the Longobards, whose strength and daring

were never conjoined with any real political capacity.

On the arrival of the Franks, counts took the place of dukes, but with

less power and smaller territories. Charlemagne, with his genuine

talent for statesmanship, refused to maintain lords who, in seeking

their own independence, might endanger the existence of his empire.

Nevertheless, as it was indispensable to keep his borders more strongly

defended, he constituted _marches_, on the pattern of the greater

Longobard duchies, and entrusted them to margraves, or marquises

(_Mark-grafen_--frontier counts, marquises, or margraves). Thus too the

marquisate of Tuscany was formed and the government centred in Lucca;

for this city having had a duke of its own ever since the times of

the Longobards, was already of considerable importance, while, as we

have seen, Florence had fallen so low that the documents of the period

merely refer to it as a suburb of Fiesole. Nearly all the margraves

acquired great power, and aspired to still higher dignities. From their

ranks in fact came men such as Hardouin and Berengarius, who, aspiring

to form an Italian kingdom, became formidable opponents of the Empire,

often wrought it much harm, and involved it in sanguinary wars.

Hence it is not surprising if, later on, the policy of the German

emperors should have constantly aimed at the enfeeblement of the

leading Italian counts and margraves, and, by granting exemptions and

benefices to prelates or lesser feudatories, and making all benefices

conceded to the latter hereditary estates, rendered these independent

of all greater and more dangerous potentates. Therefore, particularly

in Lombardy, this class rose to importance, and so, too, the political

authority of the bishops, who in point of fact held the position of

counts. But in Tuscany things took a different turn. Whether feudalism

there, having smaller strength and power of expansion, seemed less

formidable to the Empire; whether the country, being more distant,

proved less easy to govern; or because a strong state in central

Italy was felt to be needed to arrest the growing power of the Papacy;

whether the latter may have favoured its formation, as a possible

check to the Empire; or again, as seems probable, for all these

reasons combined, it is certain that the dukes or marquises of Tuscany

(either title was borne by them) increased in power and consequence,

and afterwards, in their turn, became a danger to the Empire. But in

Tuscany the power of bishops and counts suffered more reduction than

in Lombardy from the growing strength of the margraves, whose sway was

extending on all sides, so that they sometimes appear to be virtual

sovereigns of central Italy. The same reasons served to delay the rise

of cities, and specially hindered that of Florence.

Already, from the second part of the tenth century, a Marquis Ugo,

surnamed the Great, of Salic descent, ruled over Tuscany, the duchy

of Spoleto and the _march_ of Camerino. He reigned in Lucca almost in

the guise of an independent monarch, and enjoyed the favour of the

Othos. His successors continued to govern with much the same authority

as the dukes of Benevento; and Bonifazio III. extended his State even

to Northern Italy, thus giving umbrage to Henry III., whom he often

outrivalled in cunning. Bonifazio being voracious for power, and of

tyrannical temper, stripped many prelates, counts, and monasteries of

their possessions, either to seize them in his own grasp or give them

to better trusted vassals. He also tightened his grasp on all cities

which, having risen to some importance, coveted increased freedom. This

was specially the case with Lucca and Pisa. The former had prospered

through being long the chief seat of the duchy, while the latter owed

its prosperity to the sea, on which, as Amari happily phrased it, Pisa

was already a free city, while still a subject city on land. Florence,

however, still existed in humble obscurity, trading in a small way,

and girt about on all sides by feudal strongholds.

In 1037 Bonifazio had taken to wife Beatrice of Lorraine, who in

1046 gave birth to a daughter, Matilda, the celebrated countess or

_comitissa_, as she is entitled by the chroniclers. After the death

of Bonifazio, by assassination, in 1052, Matilda was soon associated

with her mother in the government of Tuscany and of the whole duchy,

and when left an orphan in 1076, became sole ruler of those extensive

dominions. Beatrice had remarried, and as she was very religious, and

her second husband, Goffredo of Lorraine, was brother to Pope Stephen

IX., this served to increase their common zeal for the papal policy,

afterwards so devotedly pursued by Matilda. When this high-minded,

energetic woman became sole ruler, she held the reins of government in

a firm grasp, and was often seen on battle-fields with a sword at her

side. Her political position was one of great peril, for she was driven

to take part in the fierce quarrel, recently begun, between the Church

and the Empire. At first the great, high-tempered Hildebrand conducted

the struggle as the inspiring genius of various Popes; later on, when

raised to the pontifical Chair as Gregory VII., he fought in person

against Henry IV. of Germany, and found Matilda his strongest and best

ally. In this conflict, stirring and dividing all Europe, it was only

natural that many opposing passions should be excited in Italy. All

cities that, like Pisa and Lucca, considered themselves wronged by

Duke Bonifazio, now declared for the Empire, and the Empire sided with

them against Matilda. The same course was followed by all dissatisfied

feudatories, especially by those whom Bonifazio had stripped of their

possessions. More than once, it is true, Countess Matilda seized

estates which had been arbitrarily alienated; but she seldom restored

them to their original owners, preferring instead to bestow them on

churches, convents, and trusty adherents of her own. This added fresh

fuel to the flame. Hence an increasingly tangled web of opposing

passions, of conflicting interests, from which at last some profit

accrued to Florence. The Guelph spirit of the city and its commercial

position, on the highway to Rome, had from the outset inclined it to

the Church, and now, as a declared ally, was actively favoured by

Beatrice and Matilda.

II.

It was long believed that Florence had had Consuls, and consequently

an independent government, from the year 1102, since Consuls are

mentioned in a treaty of that date, whereby the inhabitants of Pogna

swore submission to the city. But it was difficult to reconcile this

fact with the clearly proved dependence of Florence on Countess

Matilda at the time. It was afterwards ascertained that the document

in question bore a wrong date, and that the correct one was 1182,

when the submission of Pogna really took place. Accordingly, the

independence of the city was transferred to after 1115, the year of

the countess's death. But it was still difficult to explain the wars

previously carried on by the city on its own account, and other events

of a like nature. The fact is that no fixed year can be assigned to

the birth of the Florentine Commune, which took shape very slowly,

and resulted from the conditions of Florence under the rule of the

last dukes or marquises. We have already recorded the popular riots

of 1063-68 against the bishop Mezzabarba, when accused of simony,

and we have related how they ended with the ordeal of fire, braved

by Pietro Igneo in 1068. On this head we have cited the letters of

St. Pier Damiano addressed _civibus florentinis_. We also referred

to a document[83] in which the _clerus et populus florentinus_ made

appeal to the Pope, and, in narrating what had occurred, mentioned

a _municipale praesidium_, a _praeses_ of the city, and a superior

_potestas_. This proved, before all, that the civic body of the period

was already conscious of its personality, and that there was already an

embryo local government within the city walls. Doubtless the supreme

_potestas_ was the Duke Goffredo, husband to Beatrice; the _praeses_,

his representative in Florence. It was before him that, as we have

seen, the bishop threatened to drag his adversaries, whose property was

to be confiscated should they persist in disobedience. This _preside_

commanded the _praesidium_, designated _municipal_ even before the

municipality had come into being, and at least the name shows that the

majority of the _praesidium_ must have consisted of citizens. But all

this makes it equally plain that, while Florence was still an integral

part of the margraviate, Roman forms, traditions, and ideas already

prevailed there to the extent of assigning Roman names to institutions

of feudal origin. We must pause to consider this fact, since it gave

rise to a question, not only of form, but of genuine historical

importance.

[Illustration: A ROMAN HYPO-CAUST, PARTLY CONSTRUCTED.]

[Illustration: EXTERIOR VIEW OF CALIDARIUM AND FURNACE.

[_To face page 85._]

The employment of Roman terms need cause little surprise when we

remember that the study of elementary Roman law, as well as of

rhetoric,[84] the _ars dictandi_ then formed part of the _Trivium_,

and was therefore widely taught in Italy. In the first half of the

eleventh century a still more advanced study of law already flourished

at the school of Ravenna, and as its influence increased, extended

through Romagna into Tuscany. This system of law seemed to spring

to life again spontaneously from the midst of Latin populations,

with whom it had never entirely died out, and now in its new vigour

brought modifications and changes into the different institutions

and legislations with which it came in contact.[85] In fact, in the

sentences pronounced by Beatrice and Matilda, we find occasional

quotations from the _Digesto_, or Code, that, according to the

procedure of the time, was carried to the tribunals by those basing

their rights on its clauses.[86] The works of St. Pier Damiano afford

satisfactory proof that the Florentines pursued the same study, and set

great value on Roman law. The saint mentions a juridical dispute of

the Florentines, regarding which, towards the middle of the eleventh

century, they had asked the opinion of the _sapientes_ of Ravenna,

who, much to his own disgust, presumed to alter the prescriptions of

canonical law on the authority of the _Digesto_. Among those wise men,

he adds, the most impetuous and subtle chanced to be a Florentine.[87]

Another proof might be deduced from the remark previously made by

Ficker,[88] namely, that the courts held in Florence and its territory

were seldom attended by the Romagnol assessors, or _causidici_,

frequenting other Tuscan tribunals. This would seem to imply that in

this respect Florentines had no need to recur to Romagna. Later--that

is towards the end of the century--the school of Irnerius (Werner)

began to flourish at Bologna, the which school aimed at an exact

reproduction of Roman law and promoted its genuine revival. But at the

time of which we speak the Ravenna school represented, on the contrary,

a continuation of the ancient jurisprudence, partly decayed and partly

changed by the diverse elements of civilisation in the midst of which

it had survived, and in which it was now producing radical changes.[89]

One of these changes--leading to very remarkable consequences of a

political as well as a legal kind--took place in the constitution and

attributes of the margravial tribunal.

We know that Matilda, after the fashion of her predecessors,

administered justice in the name of the Empire, presiding in state

over the tribunals. Indeed, this was one of her chief functions. Some

sentences given by her have survived, and serve to show us how her

tribunal was composed. Certain high feudatories had seats flanking

her throne; next came the judges, assessors, pleaders (_causidici_),

and witnesses, and lastly, the notary. Prof. Lami has observed that

the judges, and more particularly the assessors, were changed as

the countess moved from city to city, which would prove that not a

few of them were inhabitants of the towns wherein they administered

justice.[90] In fact, what names do we find among them in Florence?

Those of the Gherardi, Caponsacchi, Uberti, Donati, Ughi, and a few

others.[91] These were already the first and most influential citizens,

the _boni homines_, the _sapientes_, the men we afterwards find

officiating as Consuls. Thus there were certain families who first

formed part of the margravial tribunal, and were afterwards at the head

of the Commune.

Political changes were facilitated and prepared by a juridical change,

followed by the increased action of the revived Roman law. What was

the nature of this change? The exact definition of the functions

respectively assigned by the Germanic code to the president of the

tribunal who gave sentence, or to the judges who led up to the same

by administering the law, had been gradually lost sight of. Sometimes

the countess pronounced sentence without the aid of judges; but more

often they conducted the trial, applied the law, and formulated the

verdict, to which the countess merely gave assent. Thus, as Ficker

states, her office was reduced to that of a passive president.[92]

This is confirmed on seeing that tribunals sometimes sat in her

absence, when the trials were entirely managed by the judges. A method

of this kind once adopted, Matilda's grave and numerous affairs of

State, together with the continual warfare in which she was involved,

must have augmented the number of the cases settled by local judges.

This must have been a matter of weighty importance at a time when

the administration of justice was one of the principal attributes of

political sovereignty. Hence these citizen tribunals are a precursory

sign of civic independence before the Commune had asserted its real

autonomy and individual position. The strange dearth of documents

certifying that any tribunal in Florence was presided over by Matilda

during the last fifteen years of her life, serves to confirm our

remarks. A similar fact is also verified in the Tuscan cities remaining

faithful to the Empire; for these too had tribunals in which justice

was administered, not by feudal potentates, but by citizens invested

by the emperor with judicial authority.[93] These, too, served as a

preliminary to communal independence, although hardly forming, as some

thought, its actual beginning.

[Illustration: DESCENT TO A ROMAN WELL.

_Discovered beneath the Campidoglio, Florence_

[_To face page 89._]

It is certain that in this and other ways, during the contest between

Henry IV. and Matilda, many Tuscan cities, siding either with the

Empire or the Church, and therefore highly favoured by the one or the

other, were able to achieve a commencement of freedom. After Henry IV.

had defeated Matilda near Mantua in 1081 he granted large privileges to

Pisa and Lucca, in return for their proofs of goodwill to his cause. In

a letter patent issued at Rome June 23, 1081, he not only guaranteed

to Lucca the integrity of its walls, but also authorised it to forbid

the construction of any castles in the city or territory within a

circuit of six miles, and promised to exempt it from building an

Imperial palace. He likewise declared that no Imperial envoy should be

sent to give judgment in Lucca, but made a reservation in case of the

personal presence there of the emperor, or his son, or his chancellor.

In conclusion, he annulled the "evil customs" (_perverse consuetudini_)

imposed by Bonifazio III.[94] to the hurt of Lucca, and granted it full

permission to trade in the markets of San Donnino and Capannori, from

which he expressly excluded the Florentines. This final clause not only

proves the hostility of the Empire to Florence, but the importance

the latter's trade must have assumed by that time. In the same year

Pisa received a patent guaranteeing the maintenance of its ancient

rights, and Henry declared that no Imperial envoy belonging to another

territory should be sent to plead suits within the walls, or within the

boundaries of its _contado_. And, what was still more to the point,

he also declared that no marquis should be sent into Tuscany without

the consent of twelve _buoni uomini_ chosen by the popular assembly,

summoned in Pisa by sound of bell.[95] Here, if no Consuls yet appear

on the scene, we already find their precursors in these worthies, or

_sapientes_, elected of the people, and we have already a popular

assembly. Even though the Commune be still unborn, its birth is now, as

it were, in sight. Further (provided nothing was interpolated in the

document), it is most remarkable to find the appointment of an Imperial

margrave subject to the sanction of the people. There is also a hinted

desire--unattainable during Matilda's life--to assume the government of

the margraviate in person; after her death an attempt to this effect

was actually made, but, as we shall see, with very brief and partial

success.

III.

Nevertheless the condition of Florence was considerably different from

that of Pisa or Lucca. These two cities, as we have seen, had long

enjoyed greater prosperity. They had often fought against each other;

Pisa, haughty and daring by sea, had begun, even in the middle of the

tenth century, a long and arduous war against the Mussulmans[96] of

Sicily, Spain, and Africa. Florence, on the other hand, in siding with

Matilda, became necessarily the foe of all the great feudal nobles of

the _contado_, surrounding the city on all sides, and who, disgusted

by their treatment at the hands of the marquises of Tuscany, since the

time of Bonifazio III., now, for the most part, adhered to the Empire.

Their antagonism towards the Florentines was not only heightened by

the fact of these nobles being of Germanic origin, even as feudal

institutions were Germanic, whereas the population of Florence,

consisting chiefly of artisans, was of Roman origin and full of Roman

traditions; but it was likewise increased by the geographical position

of the city. Had Florence been situated in a plain like Pisa and Lucca,

or like Sienna and Arezzo on a height, the feudal nobility could have

promoted their interests better by settling within its walls. But it

lay in a valley in the midst of a girdle of hills bristling with feudal

turrets, whence the nobles threatened it on all sides, raiding its

lands and closing all outlets for its commerce.

These geographical conditions had no slight effect on the future

destiny of Florence; and, in fact, largely contributed to form the

special character of its history. As a primary result, conflict between

the feudal nobles and the city was more inevitable and more sanguinary

than elsewhere, while the city being, from the first, of far more

democratic temper than the rest, was therefore longer prevented from

asserting its independence, since this result could only be achieved

when Florence had gained sufficient strength to cope with the numerous

enemies girding it about. Until that moment arrived its interests

were best forwarded by remaining friendly and submissive to Countess

Matilda, the only power able to hold the barons in check, and the loss

of whose aid would have left Florence a prey to its foes. This explains

not only the city's delay in asserting its independence, but also the

total lack of documents concerning the origin of a commune that had

already risen to considerable strength, and started wars on its own

account before its existence was officially recognised. These wars

were still carried on in the name of the Countess, who occasionally

visited the camp in person; the city was unmentioned in public

documents, because it had as yet no personal existence. Nevertheless,

we are forced to recognise the first signs of its communal life in

the campaigns undertaken by Florence in defence of its trade against

the nobles of the _contado_; the which campaigns were continued on

an increasing and more vigorous scale until they ended in the total

annihilation of the feudal lords. This was both the starting point and

the aim of all Florentine history.

[Illustration: IMPLUVIUM OF ROMAN HOUSE, FLORENCE.]

[Illustration: ROMAN CALIDARIUM, FLORENCE.

[_To face page 96._]

From the very beginning, it is true, we find that even Florence

possessed some families that may be called noble. Such were the Donati,

Caponsacchi, Uberti, Lamberti, and others whose names were included on

the lists of the judges and soon to be found on those of the Consuls.

These were the ruling, governing families at the head of the city.

But they were neither counts, marquises, nor dukes; they were not as

the Counts Cadolingi, Guidi, and Alberti, who dwelt in the outlying

territory or _contado_; nor did they belong to those _Cattani Lombardi_

so-called at the time, in remembrance of their Germanic descent. Rather

than veritable nobles, they were "worthies" (_boni homines_), "great

ones" (_grandi_),[97] owning no feudal titles; natives of the city

risen to high fortune, or scions of petty feudal lines, who, unable

to hold their own against greater neighbours of the country side,

had sought safety within the town. They quickly amalgamated with the

people, sharing and taking the lead in all the latter's expeditions

against the strongholds outside the city. Nor, as will be shown, was

it a rare case, later on, to find some of these nobles engaged in

trade, or heads of trade guilds, as soon as the latter became more

firmly established. And it is by no means an insignificant fact that

during disturbances at Pisa, Sienna, and elsewhere, we often see the

names of real citizen-nobles, counts, viscounts, and so on, never to

be met with in Florence. In documents concerning the Florentines the

word _nobiles_ seldom occurs, whereas it is often used in speaking of

the Pisans, Siennese, &c. The term _milites_, it is true, frequently

occurs in Florentine records; but although the _milites_ could not

be _popolani_, since the lower classes were not then admitted to

knighthood, neither could they be feudal nobles in Florence: they were

the leading citizens who exercised no trade, the _grandi_, in fact, to

whom we have previously alluded. They were members of Matilda's courts,

were employed by her in various ways; they commanded the _municipale

praesidium_, probably filled the office of _praeses_, and they were

leaders of the army. Richer, more cultivated and better fitted than

other citizens for politics and warfare by their freedom from daily

toil, they were the _boni viri_, the _sapientes_, the _milites_ found

more or less in all cities, but of a separate stamp in Florence.

Notwithstanding our knowledge of this _preside_ and _presidio_ and of

these Florentine tribunals, very little is known as to the government

and administration of the social body already beginning to prosper and

to have varied interests of its own. Matilda's sway in Florence must

have been of a shadowy kind, when the city was able to start wars on

its own account and to its own profit, albeit still undertaken in her

name. As its commercial prosperity increased and Matilda became more

absorbed in her struggle with the Empire, the city must have been left

more to itself. Consequently this is the time when the associations

serving to classify and organise the citizens were formed, which we

presently find flourishing and strongly established. Thus, being

almost without a central government, a local one could assert its

existence, and the strength of the Commune be developed long before its

independence was proclaimed. The same fact explains why the Commune,

its individuality once declared, should have made such rapid progress

and leapt to the headship of Tuscany. At any rate, by the second half

of the twelfth century we find on the one side the _grandi_, or

nobles--if we prefer to give them that name--formed in Societies of

Towers (_Società delle torri_), with statutes soon to be made known

to us; while, on the other we find trade guilds or associations not

only in existence, but sometimes with sufficient political importance

to entitle them to the honour of representing the Republic. Can we

possibly suppose that such results could be achieved without a long,

preliminary course of preparation? Did not the _scholae_, progenitors

of the guilds, survive during the Lower Empire and throughout the

Middle Ages? do we not find them dividing all society, including both

the soldiery and foreigners in Rome and in Ravenna? How could they be

destroyed by barbarians ignorant of crafts which were nevertheless

indispensable to their own needs?

Florentine commerce and industry undoubtedly increased during the

rule of Countess Matilda. This has been proved by the patent of 1081,

and the first wars undertaken by the Florentines in the interest of

their trade afford sure confirmation of the fact. Were we to exclude

trade associations from the conditions of the period, we should have

to admit the existence, at that day, of the modern workman, isolated

and independent: a decided impossibility in the Middle Ages. Those

were times in which every trade was exercised by distinct groups

of families, and handed down by them as a tradition from father to

son. Frequently, even offices of the State were the monopoly of

certain families. It was from a society split into groups and castes

that the Commune eventually developed the modern State, but in old

times the very idea of the latter was unconceived. It is absurd to

suppose--though a few writers accept the notion--that the guilds only

began when they had regular statutes. These statutes only formulated

what had already existed for some time, and undoubtedly in Florence

everything conduces to the belief that the associations of the trades

and of the towers, though still embryonic, must have preceded the

formation of the Commune evolved in their midst.

IV.

For on all sides, if in diverse modes, we perceive that a long period

of incubation was needed to form the Commune, which naturally owed its

birth to pre-existing elements. The celebrated agreement or _concordia_

made at Pisa by Bishop Daiberto, about 1090, or even, perhaps, a year

or so earlier,[98] shows that the nobles were organised and waging

fierce war against one another from their towers. The bishop induced

them to partly demolish these towers, and solemnly vow never to carry

them above the height of thirty-six braccia (about one hundred feet),

as previously decreed by the patent of Henry IV. in 1081.[99] And the

agreement proceeded to set forth that any man believing his houses

to have been unjustly damaged was to bear his complaint _ad commune

Colloquium Civitatis_; nor could the dwelling of the offender be

demolished without the general consent of the citizens.[100]

[Illustration: MOUTH OF ROMAN FURNACE,

_Discovered beneath the Mercato Vecchio._]

[Illustration: CALIDARIUM.

_Ibid._

[_To face page 96._]

The whole tenor of this document not only proves that the Pisan

nobles were already an organised body, but that they also boasted

a civic importance never attained by the nobles of Florence.[101]

Evidently Pisa had no Consuls as yet, or they would have been

certainly mentioned in the document. But all the elements destined to

make it a far more aristocratic commune than that of Florence were

already existent.[102] We see that there was a _commune consilium_

of _sapientes_ or _boni homines_, which was a species of senate,

and a _commune colloquium_, a general assembly of all the citizens,

afterwards developing into a parliament or _arrengo_. Five _sapientes_,

whose names are given, sat in council with the bishop.[103] These

were the immediate precursors or, as Pawinski rightly calls them, the

_vorbilder_ of the Consuls, who are actually mentioned shortly after

this time, in 1094, in another agreement (_concordia_), also drawn up

by Daiberto. He makes an explicit appeal to their authority (_huius

civitatis consulibus_) in decreeing that all smiths engaged on work

required for the Duomo should be left unmolested.[104] Thus the rise

of the Pisan Commune was preceded by a conflict waged by belligerent

nobles from their respective towers, and the Consuls of the town were

first named as the protectors of the smiths.

The existence of guilds in Venice as far back as the ninth century is

certified by the Altino Chronicle, proving that, even then, there were

some leading industries exercised by certain families only, and that

humbler trades, or _ministeria_, were already constituted, as it were,

in associations, the members of which pursued their avocation according

to traditional and definite rules. These craft-guilds or _ministeria_

implied certain accompanying obligations, since all members of them

were bound to yield some gratuitous service to the State. On the

other hand, the higher trades, such as mosaic work, architecture,

and so on, requiring more culture and talent, were exercised by the

leading families, and members of these guilds remained eligible for

the political offices of the State.[105] There is a document of the

eleventh century showing that the guild of smiths was constituted

under the rule of a _gastaldo_ (or steward), against whom one of the

members appealed for justice to the doge, according to a custom as

yet unwritten.[106] All this compels us to believe that the existence

of art and trade guilds, and in general of all the associations into

which the citizens of the communes were afterwards divided, dates from

a very remote period, and that in Florence, as elsewhere, all similar

associations were constituted before the Commune had proclaimed its

independence. Otherwise it would be impossible to explain the existence

of a city that, almost without any visible government, was already

prosperous in commerce and able to make war on its own account. For

otherwise all the ensuing facts, although beyond the reach of doubt,

would remain unexplained.

V.

Therefore, even in the days of Countess Matilda, we find the mass of

the citizens divided and arranged in groups. We see on the one side the

ancient _scholae_ transformed into associations of arts and trades,

containing the germ of future greater and lesser guilds; on the other,

family associations and clans of the _grandi_ or leading citizens,

embryos of future societies of the towers. All these associations

already formed the practical government of the city, in which the

principal offices were filled by _grandi_ of Matilda's choice. It is

quite probable that the post of _preside_ was reserved, in accordance

with mediæval usage, to a single family or clan, perhaps to that of

the Uberti, who were, as we shall see, among the most powerful in the

city, and boasting a Germanic descent. Nevertheless, there was then

no hostility, no separation between the great folk or _grandi_ and

the people, all being united by common bonds and interests. In fact,

as we have said, there will be soon documentary evidence that some of

the _grandi_ engaged in commerce were chiefs of guilds, and already

beginning to fight, side by side with the people, against the outlying

nobility. It is true that they owned lands and herds, but these were

then the main source of that Florentine trade and commerce in defence

of which the first wars were undertaken. The castles surrounding the

city barred all outlets for commerce; armed men were always swooping

down from them to attack and maltreat all pack trains issuing from the

city to convey its products and merchandise to neighbouring towns.

With continual wars on her hands, the Countess Matilda could seldom

afford any help, and consequently the Florentines, although fighting

in her name, were practically left to their own resources. It was this

alliance of all classes of citizens, united by identity of interests

and singleness of purpose against a common foe, that then constituted

the strength of that Florentine people whose loyalty, purity, and

valour were so fervently praised by Dante and the chroniclers. This was

the moment when virtue laid the foundations of the Commune's future

freedom and wealth.

Villani is given to exaggerate, but there is a basis of truth in his

words when he states in the year 1107 (iv. 25) that "the city being

much risen and increased in population, men, and power, the Florentines

determined to extend their outlying _contado_, and widen their

authority, and that war should be waged against any castle refusing

obedience." This year, in fact, they began military operations by

attacking the fortress of Monte Orlando, near Lastra a Signa, also

described by the chroniclers as the castle of Gangalandi or Gualandi,

a fief of the Counts Cadolingi,[107] then a very powerful family,

and soon becoming bitterly hostile to Florence. During the same year

they captured and demolished the stronghold of Prato, owned by the

Counts Alberti, also very formidable enemies. But as on this occasion

the Countess was present in the camp, their success is more easily

explained.[108]

In 1110 we hear of another war. "Florentini iuxsta Pesa comites

vicerunt," we read in the "Annales," i. which start with this event

and date it the 26th of May. The _comites_ here mentioned cannot be

the Counts Guidi, then on friendly terms with Matilda and Florence,

although, when fighting against both at a much later date, they were

specially designated as "The Counts." In 1110 Florence attacked and

conquered the Cadolingi, also known as the _Cattani Lombardi_, whose

lands extended from Pistoia, by the Val di Nievole, towards Lucca, and

by the Lower Val d'Arno to the vicinity of Florence. If the city could

rout these nobles, it must have acquired great strength, even admitting

the probability that on this occasion also it had the aid of Matilda's

troops.

In 1113 there were two other military campaigns which, owing to the

very different accounts narrated by the chroniclers, have given rise

to an infinity of learned disputes. First of all came the assault and

destruction of Monte Cascioli, assigned by some to the year 1113, by

others to 1114, and postponed by a few to 1119, when it was supposed

to have been defended by an Imperial German vicar named Rempoctus

or Rabodo, who perished in the fight. Other chroniclers assign the

overthrow of the castle to three different years, and Villani puts

a climax to the confusion by jumbling together the various assaults

described, assigning them all to 1113, and saying that the castle

had revolted against Robert the German, vicar of the Empire, holding

residence at San Miniato al Tedesco (iv. 29). But in 1113--that is,

before the Countess's death--there was no Imperial vicar in Tuscany,

and consequently none could be installed at San Miniato, to which the

appellation "al Tedesco" was not yet applied. But the confusion can be

cleared, the chroniclers made to agree, and the different narratives

easily explained, if it is admitted that only the first attack upon

Monte Cascioli took place in 1113, when the castle was held by the

Cadolingi and could be vigorously defended.[109] As the walls on that

occasion were only partially destroyed, it was necessary to renew

the assault in 1114, when they were totally demolished. They were

afterwards rebuilt by the Cadolingi, and therefore, in 1119, when

Florence had achieved independence, two more attempts were made to

capture the stronghold; the Imperial envoy was killed while assisting

in its defence, and the building was finally demolished and burnt

to the ground. But without anticipating events we may conclude that

even before Matilda's death the Florentines had succeeded, by their

expeditions against Monte Orlando, Prato, Val di Pesa, and Monte

Cascioli, in opening the highways of Signa, Prato, and Val d'Elsa to

their trade.

Another event, likewise occurring in the years 1113-15, although

dated by the chroniclers in 1117, namely, the Pisan expedition to the

Balearic Isles, also led to a somewhat complicated dispute. As already

related, the Pisans began to make war on the Mussulmans from the

middle of the tenth century, and during the latter half of the next

century the strife was pursued more hotly than ever. In 1087 Pisa and

Genoa combined, displayed a fleet of forty sail in battle array before

Mehdia, and in 1113 both cities joined in the more important expedition

to the Balearic Isles. They were also accompanied by many counts

and marquises from Lombardy and Central Italy, likewise including a

few from the Florentine territory. Then, combining with the Counts

of Barcelona and Montpellier, the Viscount of Narbonne, and others,

they attacked the Balearic Isles, and, in spite of a very obstinate

resistance, seized the castle of Majorca, and captured young Burabe,

the last scion of the ruling dynasty there. Villani, in alluding to

this war of 1113-15, assigns it, like the other chroniclers, to the

year 1117, adding that the Pisans fearing, when about to set sail, that

the Lucchese might, as once before, take advantage of their absence

to attack their city, entrusted the Florentines with its defence. The

latter immediately encamped two miles from the walls and forbade their

men to enter Pisa, under penalty of death; for, seeing that scarcely

any males were left in the city, they feared some attempts might be

made on the honour of its women, to the grave discredit of Florentine

loyalty. And this decree was rigorously enforced. One soldier who

dared to violate the rules of discipline was condemned to death,

notwithstanding the prayers of the Pisans, who, as the only chance of

saving the man's life, protested that they could not permit a capital

sentence to be executed on their territory. Whereupon the Florentines,

showing even in this matter their scrupulous regard for others' rights,

purchased a scrap of land, and there put the culprit to death.

Meanwhile, the Pisans returning from Majorca, laden with spoil,

offered in token of gratitude to their faithful friends the choice

of accepting either two bronze doors or two porphyry columns. The

Florentines preferred the latter. The columns were consigned to them

wrapped in scarlet cloth, in token of their value, and now stand in

the chief portal of San Giovanni. However, when the cloth was stripped

off, it was seen that some envious person had injured the columns with

fire. Evidently part of this account is legendary, and we also discern

that something must have been added to it afterwards, when Pisa and

Florence were separated by long and inextinguishable animosity.[110]

But the wrong date repeated in Villani and many other chroniclers,

regarding a war that lasted several years, and was apparently only

recommenced in 1117, does not justify us in denying a fact so

constantly affirmed by many writers.[111] The Balearic expedition

certainly took place, and there is equal certainty that it was led by

the Pisans, with the help of various friends and allies. Their fear

lest the city should be attacked by the Lucchese in their absence

was justified by the fact that this had really happened in former

times. The Pisans were now foes of Lucca and friends of Florence,

whose loyalty during that early period was very generally recognised.

Why should it be incredible that these friendly Pisans should have

entrusted the city to their care, or that they should have proved

worthy of the confidence reposed in them? Paolino Pieri not only

repeats the story as told by all the other chroniclers, but also adds

that the bit of ground upon which the guilty soldier was executed had

been purchased with the help of Bello the Syndic, and that even in his

own day he saw that it was still left uncultivated in memory of the

deed: "it was on the fourth day of July, three hundred and two years

more than one thousand, when I saw that ground untouched." At any rate,

this is a proof that the tradition of the fact still survived in the

fourteenth century, and that every one had the fullest belief in it.

VI.

The death of Countess Matilda, in 1115, was followed by a period

of so much disorder as to mark the beginning of a new era for all

Central Italy, and more especially for Florence. The countess, as

we know, left a will bequeathing all her possessions to the Church;

but this donation could only affect her allodial estates, since

all those held in fief naturally reverted to the Empire. It was

not always easy to precisely distinguish these from those; often,

indeed, impossible: hence an endless succession of disputes. And such

disputes became increasingly complicated by the pretensions of the

Pope and the emperor, each of whom asserted his right to the whole

inheritance, the one as Matilda's universal legatee, and the other as

the supreme head of the margraviate. Then, too, as we have seen, many

considered themselves to have been unjustly deprived of their estates,

in favour of others with no rightful claim. All this led to a real

politico-social crisis that brought the disorder to a climax. Thereupon

the emperor, Henry IV., sent a representative, bearing the title of

_Marchio, Iudex, Praeses_, to assume the government of Tuscany in his

name. Of course, no one could legally contest his right to do this;

but the Papal opposition, the attitude of the cities now asserting

their independence, and the general disorder split the margraviate into

fragments. Accordingly the representatives of the Empire could only

place themselves at the head of the feudal nobility of the various

_contadi_ and, by gathering them together, form a Germanic party

opposed to the cities. In the documents of the period the members

of this party are continually designated by the name of Teutons

(_Teutonici_).[112]

Florence, surrounded by the castled nobility occupying her hills, could

only decide on one of two courses. Either to yield to those who had

always been her mortal enemies, and were now emboldened by Henry's

favour, or to combat them openly, and thus declare enmity to the

Empire, the which, in the present state of affairs, would amount to a

proclamation of independence; and the latter was the course adopted.

Florence was now conscious of her own strength, and recognised that

safety could only be gained by force. The change was accomplished in

a very simple and almost imperceptible way. The same worthies who had

administered justice, governed the people, and commanded the garrison

in Matilda's name, now that she was dead, and no one in her place,

continued to rule in the name of the people, and asked its advice

in all grave emergencies. Thus these _grandi_ became Consuls of the

Commune that may be said to have leapt into existence unperceived. This

is why no chroniclers mention its birth, no documents record it, and a

plain and self-evident fact is made to appear extremely complicated and

obscure. In endeavouring to discover unknown events and lost documents

which had never existed, the solution of a very easy problem was hedged

round with difficulties, while evident and well-established particulars

best fitted to explain it were entirely lost sight of.

Nevertheless, we are not to believe that the event was accomplished

without any shock, for the change was of a very remarkable kind. It is

true that the actual government remained almost intact; but its basis

was altered, since it was now carried on in the name of the people,

instead of that of the Countess. This, in itself, signified little,

inasmuch as for some time past the city had been practically, if not

legally, its own master, and the people beginning to feel and make felt

its personality. But the social and political results of the change

were neither few nor inconsiderable. Naturally, during Matilda's reign,

the governing authorities were men of her choice; and although all

official and judicial posts changed hands from time to time, they

became increasingly monopolised by a small cluster of families, chief

among whom, as we have already said, were most probably the Uberti and

their clan. Now, however, that the authorities were to be elected by

the people, there was a broader, although still somewhat limited, range

of choice. Accordingly, there was more change of office, and men were

removed in turn from one to another. This custom already prevailed in

other communes, and had been adopted even in Florence both by popular

associations and those of the _grandi_. Hence it necessarily prevailed

in the formation of the new government.

Nor can we believe that those always to the front in former times

could have now withdrawn without resistance, or without attempting to

maintain their position by favour of the Empire and the _Teutonici_;

nor is it credible that those now entitled to a larger share in the

government should have refrained from relying, in their turn, on the

strength of the popular favour, backed by the most vital interests

of the city. Friction between the leading families seems inevitable

to us in this state of things, and Florence must have witnessed some

such conflict as at Pisa in Daiberto's day, and in almost all other

Italian communes. We learn from Villani (v. 30), from the "Annales,"

and many other works, that there was a great fire in Florence in 1115,

a similar one in 1117, and that "what was left unburned in the first

fire was consumed in the second." It was certainly an exaggeration to

say that the whole city was destroyed, but the fact of the fire is

generally affirmed.[113] We also know that in those times, before

gunpowder was invented, fire and arson were the most efficacious

weapons in popular riots. Villani says, farther, that "fighting went on

among the citizens ... sword in hand, in many parts of Florence." It

is true, that, in his opinion, the fight was _for the faith_, seeing

that the city being given over to heresy, licence, and the sect of

the Epicureans, God therefore chastised it with pestilence and civil

war. But, although we find no certain traces in history of any widely

diffused heresy in Florence at the time, it is undoubted that from 1068

the earliest gleams of Florentine freedom were mixed and confused, as

we have seen, with a religious movement, and it is also certain that

the "Annales," i., of the year 1120 record the fact of one named Petrus

Mingardole being condemned for heresy to the ordeal by fire,[114] and

also add that, between 1138 and 1173, the city was thrice smitten by an

interdict, all of which goes to prove a continued religious agitation.

Besides, Florence, and particularly her people, remained constantly

faithful to the Church party, while the Uberti and their adherents,

who sided with the Empire, were opposed to it, and consequently, in

those days, may have easily incurred the charge of heresy. Even in

Villani's time the general name of _Paterini_ was bestowed not only

upon all heretics, but on Ghibellines as well.[115] Besides, as he had

placed the origin of Florence before Charlemagne's day, and then

again immediately after the imaginary destruction of Fiesole in 1010,

he naturally refused to recognise that origin for the third time at

the moment of the Commune's real birth. Accordingly, slurring over the

political movement, that was undoubtedly the main factor in the change,

he tried to exaggerate the religious movement that played a very minor

part in it.

At any rate, since it appears certain that the Uberti asked the

support of the Empire, they must have been now necessarily driven to

prove themselves foes of the Church. Therefore, it cannot have been

unusual for them to be styled heretics or _Paterini_, especially by so

pronounced a Guelph as Villani. We know that the Uberti were already

powerful in Matilda's time, from the frequent appearance of their name

in contemporary documents. That they also enjoyed a lion's share of

the government, and that the revolt was chiefly directed against them,

is explicitly proved by the words of a chronicler--so far little read,

we might almost say unknown--whose work being derived from different

sources than that of Villani, shows some events in a new light. The

pseudo Brunetto Latini, in fact, agrees with the other chroniclers in

ascribing the first fire to the year 1115, saying that it began at the

Santi Apostoli, and spread as far as the bishop's palace, "whereby

the greater part of the city was burnt, and many folk perished in the

flames." He says nothing concerning heresy, but touching the second

fire of 1117, he adds: "In this year a fire broke out in Florence in

the houses of the Uberti, who _ruled_ the city, whereof little was

saved from the burning, and many folk perished by fire and sword."[116]

It is evident that there was a real outbreak, almost a revolution waged

with fire and sword, against the Uberti, rulers of the city.

Can we be surprised at the hatred roused by the Uberti, or at the civil

war of which they were the cause? As we know, they were traditionally

supposed to have come with the Othos from Germany; and we have seen how

the legend of the _Libro fiesolano_, while refusing credence to this,

spoke of them as descended from "the most noble race of Catiline,"

the enemy of Florence. Even on historical evidence, were they not the

forefathers of those Uberti, who afterwards, in 1177, proved the first

to attack the Consular government and begin the civil warfare by which

the city was so long torn asunder? Were they not the forefathers of the

Schiatta Uberti, ringleaders of the band that stabbed Buondelmonti to

death, by the statue of Mars on the Ponte Vecchio, in 1215? Were they

not the ancestors of the celebrated Farinata, who routed the Guelphs

at Montaperti, and attended that Council of Empoli where such fierce

measures were proposed against Florence, the perpetual nest of the

Guelphs--the same Farinata described by Dante among the heretics in the

bog of hell?[117]

VII.

Meanwhile, which party conquered in the struggle following Matilda's

death? Facts prove it clearly enough. In the year 1119 the Florentines

made that final assault on the castle of Monte Cascioli, to which

reference has been already made. This is the moment when the

before-mentioned _Rempoctus_,[118] or Rabodo, really comes upon the

scene, although Villani (iv. 29) and other chroniclers make him

appear in 1113, under the name of Robert the German, Imperial vicar,

and suppose him to have fallen in fight that year while defending

the castle. We have shown that there could be no Imperial vicar in

Tuscany at that date, seeing that none was sent until after Matilda's

decease. In fact, no documents mention any vicar before then, and only

on September 11, 1116, we find one recorded as "Rabodo ex largitione

Imperatoris Marchio Tuscia,"[119] and then in 1119, "Rabodo Dei gratia

si quid est,"[120] the identical formula that had been employed in

Matilda's patents. In 1120 Rabodo's name disappears, and is replaced

by that of the Margrave Corrado. It may therefore be taken for

granted that Rabodo really perished in 1119 during the defence of

Monte Cascioli against the Florentines, who now succeeded in finally

demolishing the stronghold and burning it to the ground.[121] Thus

their first achievement, after Matilda's decease, was the destruction

of a Cadolingi castle, together with the defeat and death in battle of

the first Imperial vicar then established in Tuscany. This is more than

enough to show the nature of their attitude with regard to the Empire

and the Teutonic party.

Shortly after, an event of even greater significance occurred in the

capture and sack of Fiesole during 1125. Sanzanome, whose so-called

modern history of Florence starts with this war, describes it at much

length, in flights of wordy rhetoric. The gist of it is that the chief

cause of the conflict was a commercial dispute. The people of Fiesole

would seem to have maltreated and plundered a Florentine trader who was

quietly passing through the city with his goods. This incident, added

to the remembrance of past rancours and other recent depredations,

seems to have stirred the Florentines to war. Instantly, "factum est

Consilium per tunc dominantes Consules de processu." One of the leading

citizens harangued the people, beginning his speech with these words:

"Si de nobili Romanorum prosapia originem duximus ... decet nos patrum

adherere vestigiis." Thereupon, "illico a Consulibus exivit edictum." A

man of Fiesole, on the other hand, began his address by alluding to the

legendary origin of his city: "Viri, frates, qui ab Ytalo sumpsistis

originem, a quo tota Ytalia dicitur esse derivata." Although so much

learned rhetoric in a writer of the early part of the thirteenth

century is another proof of the strong influence of Roman tradition on

ancient Florentines, both before and after the rise of their Commune,

it cannot conceal the real cause of the war, as proved even by the

evidence of Villani, whose chronicle begins to acquire greater historic

value at this point. The latter relates that Fiesole had become a

veritable nest of _Cattani_ and brigands, who infested the Florentine

highways and territories.[122] As usual, the feudal barons were

swooping down from their strongholds to hinder the trade and traffic of

the Commune.

At this moment also there were special causes tending to provoke a

war of an unusually sanguinary kind. The counties, or _contadi_, of

the two cities, as sometimes occurred elsewhere, had been carved out

of the territories of bishoprics, based, in their turn, on ancient

Roman partitions of the soil. Accordingly, these counties being not

only adjacent, but wedged in and almost tangled one with the other,

and their respective bishops having never wielded, as in Lombardy,

the authority or power of counts they had ended by forming a single,

combined jurisdiction. In fact, many documents refer to the county or

jurisdiction of Fiesole and Florence, as though it were one and the

same thing. Hence it was only natural that on becoming an independent

Commune, after Matilda's death, Florence should seek to dominate over

both counties, and equally natural that Fiesole should be violently

opposed to the idea, and, notwithstanding the inferior size of the

town, should have trusted to the superior strength of its fortified

position, and, making alliance with the nobles of the _contado_, should

have harboured them in the citadel, and joined them in continual

attacks on Florentine traders or in raiding Florentine lands. This

was the beginning of the war. Its details are unknown to us, those

supplied by Sanzanome being too extravagant for belief,[123] and other

chroniclers furnishing none at all. Seeing the strength of Fiesole's

position, the campaign could have been neither short nor easy, and

undoubtedly ended in cruel slaughter and the almost total destruction

of the town. The chroniclers are not the only authorities for this

fact. Shortly afterwards, the Abbot Atto of Vallombrosa implored a

pardon from Pope Honorius II., _pro Florentinorum excessibus_, urging

in their favour that there were many aged persons, women, and children,

in Florence, who had assuredly taken no part in the _destruccio

fesulana_, and also that many participants in the war now confessed

the error of their ways, and sincerely repented all the excesses that

"non meditata nequitia commisere."[124] The event was long remembered

in Florence, is frequently recorded in documents,[125] and, together

with the rout of the Imperial vicar at Monte Cascioli, undoubtedly

contributed to establish the independence of the Commune on a firmer

basis.

VIII.

It is certain that Florence now had a separate government under Consuls

of her own, although there is no documentary proof to this effect

earlier than 1138. Sanzanome, however, makes explicit allusion to it

at the time of the Fiesole campaign, when, as we have seen, war was

declared by the Consuls. But what was the real nature and origin of

this new magistracy? Formerly it was opined by many writers that the

Consuls were an institution derived in general from the judges of

older days. In Lombardy they would have been merely another form of

the Frankish _scabini_, and accordingly in Florence it was natural

to suppose them to be an altered survival of those judges of the

margravial tribunal to whom, for some time before her death, Matilda

had accorded the right to give sentence. But this view can be no longer

maintained, since it does not comprise the whole truth of the matter.

For even when the Consuls are seen in the exercise of their functions,

what are they, what do they do, according to chronicles and documents?

They conduct wars, conclude treaties in the name of the people, of whom

they are the representatives; they govern the city; they administer

justice. And at Florence, as elsewhere, the latter is only one of

their duties, and only undertaken by them because so closely connected

with the exercise of the political power that is, above all, their

genuine and principal function. Besides, what was it that really led

to the birth of the Florentine Commune? What save the lack of the

higher political authority hitherto ruling Tuscany, and the necessity

of making war against old and new foes! Accordingly the military and

political elements unavoidably prevailed.

We are further confirmed in this idea by examining the constitution

of the Consular bench. At first it would seem that all or some of the

Consuls presided without distinction, while later, three members were

chosen in turn, and entitled _Consules super facto iustitiae_, or even

_Consules de iustitia_, to preside for one month; at a still later date

two Consuls presided for a term of two months, and finally, after the

nature of the primitive government has been changed, we find a single

Consul acting as president throughout a whole year.[126]

They might be, but were not necessarily, legal experts, since they

only pronounced and confirmed the judgment decided upon without either

preparing or formulating it. This duty fell to a real _iudex ordinarius

pro Comune_, together with three proveditors or _provisores_, who

examined the case and wrote the sentence. The Consuls merely sat as

presidents of the tribunal, and when, as sometimes occurred, they

failed to appear, the tribunal acted on its own account. Therefore

their office was practically the same as that of Countess Matilda

herself--_i.e._, to represent sovereignty without filling the place of

judges.[127]

The real nature of the new government will be best understood after

investigating the different elements of the civic body from which

that government was necessarily evolved. As we are aware, there were

two leading classes and interests dividing the city between them--that

is, the trade guilds, and the associations of worthies, or of the

Towers. In numerical strength the people had greatly the advantage;

but the worthies (_grandi_) were far more cultivated, trained to arms

and politics, and already somewhat versed in the art of government.

Therefore, the Consuls were recruited from this class, and at first

always chosen from so small a number of families, that the office

appeared to be almost an hereditary one. The misfortune of Florence,

as indeed of all the other communes, Venice excepted, was that the

_grandi_ were never agreed among themselves. Feudal nobility in Italy

resembled an exotic plant transferred to uncongenial soil. Elsewhere,

being of German origin, it formed part of an entire political system;

it was under the orders of the emperor to whom it adhered; it had

certain heroic qualities; it created a special form of civilisation,

and a literature that flourished in France and Germany, but it never

throve in Italy, and in Tuscany least of all. Our feudal lords, being

solely dominated by personal interests, leant on the Empire, the better

to combat the Pope; on the Pope, to combat the Empire; on the one or

the other indiscriminately to combat the cities. Even on Florentine

territory the same thing continually occurred. The _grandi_ established

within the city walls were, it is true, of a very different temper, and

much nearer to the people, whose life they shared; but they comprised

very discordant elements; for whereas some of these _grandi_ had risen

from the people, others were descended from feudal houses, with whom

they maintained friendly relations and on whose aid they could rely.

Thirst for power was a speedy cause of division among them, and the

ease with which one party gained favour with the working classes,

while the other was backed by the nobles of the _contado_, fostered the

growth of civil strife. Then, later on, as more nobles deserted their

castles for the city, a regularly aristocratic and Ghibelline party

was formed in opposition to the Guelph and popular side. This point,

however, was still far removed, for the common necessity of making head

against the baronage of the _contado_ long prevailed over all other

interests, since the very life of the Commune was involved in that

struggle.

All that we have so far related serves to show with increasing

clearness that two quite distinct classes of citizens already existed

in Florence--namely, that of the people or trades (_arti_), and that

of the worthies (_grandi_). Had the new government been evolved from

the trades alone, it would have assumed a form constituted on the basis

of a trade guild. Had it issued from the _grandi_ alone, it would have

given rise to a regional and local constitution, corresponding with

the _sestieri_ of the city over which their abodes were scattered.

In all Italian communes this double tendency is to be found. In

Rome the constitution by districts, or _rioni_, prevailed; while

at Florence, after a time, the constitution by guilds obtained in

consequence of the enormous prosperity of commerce and industry in

that city. Meanwhile, however, the moral predominance of the _grandi_

and the pressing exigencies of war favoured a division of the city

in _sestieri_, whereby the first assembling and organising of the

army was greatly facilitated. It was for this reason that the Consuls

were elected by their respective _sestieri_.[128] That the _grandi_

were already organised in "Societies of the Towers" there is written

evidence to prove. A document of 1165 alludes to these societies as

having been in existence for some time,[129] and the parchments of the

Florence Archives comprise actual fragments of their statutes dated

only a few years later on.[130] The "Tower" was possessed in common

by the partners or associates, and no share in it could be bequeathed

to any one outside the society, or to any member elected by less

than all votes save one. Women were naturally excluded. The expense

of maintaining and fortifying the Tower, which always communicated

with the houses of neighbouring members, and served for their common

defence, was divided among them all. Three or more rectors, also

sometimes called Consuls, managed the society, settled disputes, and

named their own successors. These rectors and their companions are

the men we now find at the head of the government; and there is clear

documentary evidence that the Consuls of the Commune were almost

invariably chosen from families belonging to the Societies of the

Towers. When, too, we observe that some of them were occasionally

nominated Consuls of the guilds,[131] as Cavalcanti, for example,

and several others, we gain an undoubted proof of the friendly terms

preserved, as we have previously noted, between these nobles and the

people. The societies were organised somewhat after the fashion of the

guilds, by which they may have been originally inspired, and were not

on a strictly feudal basis.[132]

Had the more aristocratic Uberti achieved sole predominance in the

city, things would have assuredly taken a different turn; but these

patricians were compelled, although reluctantly, to yield to the

force of events frequently opposed to their views. In fact, they were

seldom Consuls before the year 1177, when, after exciting a genuine

revolution, they were more frequently named to that post. This confirms

the fact of their previous defeat in 1115. The consular government had

then fallen into the hands of several noble families on good terms

with the people. And it was the popular voice that prevailed in the

assemblies where all the chief questions and interests of the State

were decided.

The Consuls[133] were elected at the beginning of the year, two for

each _sestieri_. At least, this seems to have been the ordinary

number, although we cannot be quite certain, since the number was

not invariably the same. Two of the twelve, chosen in rotation, acted

as heads of the college, and were styled _Consules priores_. For

this reason the chroniclers only mentioned two Consuls as a rule,

and sometimes one alone. In documents two, three, or even more are

mentioned, but always as representing the rest of their colleagues,

whose names are often added. Most rarely and only at exceptional

moments do we find record of a higher number than twelve.[134] Then

perhaps because the retiring Consuls continued in office with the new

ones for a few days, or from some other passing cause that is unknown

to us. Such variations are not surprising if it is kept in mind that

the constitution of Florence, being then in course of formation, must

have been liable to uncertainty and change, as will often be seen

further on.

IX.

Attention should now be called to the popular element in the

constitution. That the guilds were solidly established by the early

part of the twelfth century is indubitably proved. Villani says that

towards the year 1150 the Consuls of the Merchants, or rather of the

"Calimala Guild," were entrusted by the Commune of Florence with the

building works of "San Giovanni" (i. 60). Of still greater significance

is the fact that on February 3, 1182, the men of Empoli, in making

submission to Florence, were bound to make a yearly payment of fifty

pounds of "good money" (_buoni denari_) to the Consuls or Rectors

of the city, and, failing these officials, to the Consuls of the

Merchants,[135] as representing the Commune. Now, if these Consuls

had reached so high a degree of importance in 1182, we are entitled

to believe that the guild was of no recent origin. And remembering

that the guild in question was the Calimala--_i.e._, that of finishers

and dyers of woollen cloths manufactured abroad, and more especially

in Flanders, imported by Florence, and thence despatched to foreign

markets--we shall understand that Florentine commerce must have

already attained a prodigious development, and consequently that many

of the guilds must have been already long established. A solitary

instance would naturally afford little proof, since it might be open

to various interpretations; but others can be adduced to the same

effect. In a treaty between Lucca and Florence of July 21, 1184, we

find a stipulation according to which the terms might be modified by

the Florentine Consuls _comuni populo electi_, and by twenty-five

counsellors, provided, as was expressly declared, the Consuls of the

merchants were comprised in the number.[136] Likewise, when the men of

Trebbio made submission on July 14, 1193, the power of incorporating

the agreement in the City Statutes was exclusively reserved to the

seven _Rectores qui sunt super Capitibus Artium_.[137]

But a final observation occurs to us at this point, again showing the

very uncertain and changeable nature of this consular government. In

mentioning the chief authorities of the Commune, almost all documents

refer to them as "_Consules seu rectores vel rector_," with the

addition, at a later date, of "_Potestas sive dominator_."[138] All

these terms had a very general meaning at the period. Nevertheless,

there must have been some reason for employing the formula--Consuls

or Rectors or _Potestà_--in treaties of peace, or alliance, or state

documents of high importance; and probably a special reason, seeing

that we often find the formula ending as follows: "_Consules qui pro

tempore erint, et si non erint_," the Rectors or the _Potestà_ or

the Consuls of the guilds were to act in their stead. Why so much

vagueness in indicating the chief magistrate of the Republic? Only one

explanation is possible. The real practical government of the city was

carried on by the various associations; the office of Consul had few

attributes and never attained the power and importance due to a central

government, as conceived in the modern sense. The same remark may be

also applied to the Priors, the Ancients, and other officers of later

date; but it is specially true as applied to the consuls, under whom

the various civic societies were first united in a single government.

Therefore, to meet the eventuality of no Consuls being in office at the

moment, it was provided that the Rectors of the Towers or of the guilds

should naturally assume the power directly emanating from them. But as

no public acts performed in the name of the Rectors are extant, we may

conclude that the contingency arranged for seldom arose.

Frequent mention occurs of _counsellors_ (_consilarii_), and we note

that representatives of the guilds were comprised among them. We know,

in fact, that there was a council in Florence, as in other Italian

communes, and Villani tells us (iv. 7, and v. 32) that this council was

called a senate "according to the custom given by the Romans to the

Florentines," and composed of one hundred worthies (_Buoni Uomini_).

In documents, however, they are nearly always entitled _consiliarii_,

the term "senator"[139] only occurring once; but in those days the

term _senato_ or _consiglio_, _senatori_ or _consiglieri_, were often

indiscriminately applied, particularly with regard to the limited or

_Special_ Council, as it was afterwards called. No documents supply

us with the precise number of the councillors; but we believe the

one hundred recorded by Villani must be somewhat under the exact

figure, since a form of oath sworn by 133 councillors is extant.[140]

Perhaps each _sestiere_ elected about twenty or twenty-five members,

without this being the invariable rule, and thus the Council might be

approximately designated as that of the "Hundred." Then, too, there was

the parliament, also known as the _Arengo_,[141] which was a general

assembly of the people, held on great occasions for the gravest affairs

of the State.

X.

Thus the Florentine Commune resembled a confederation of Trade Guilds

and Societies of the Towers. Its directing authorities for affairs of

war, finance, justice, and other matters of the highest importance,

were the Consuls, elected yearly, with a senate or council of about a

hundred worthies, likewise elected yearly, and lastly a parliament. The

Consuls were almost invariably chosen from members of the Companies of

the Towers, and if, for any reason, no election of Consuls took place,

the rectors of the Towers or of the guilds were provisionally empowered

to act in their stead. But the guilds predominated in the Council, and

as a natural consequence the government assumed a popular character

from that time, and the whole policy of Florence always tended to

promote the trade and commerce of the city.

Nevertheless, to obtain a still clearer idea of a government of this

kind, it would be requisite to ascertain exactly who and what were the

citizens entitled to a share in it, and this point is still somewhat

doubtful. The outlying territory (_contado_) was entirely excluded

from citizenship, nor was this privilege granted to all dwellers within

the walls, the lower class of artisans and the populace being excluded

from it.[142] Hence the government was concentrated in the hands of a

few powerful families, the heads of the guilds, and their principal

adherents. In fact, even down to the last days of the Republic real

citizenship--the possessors of which alone were eligible to political

posts--was a privilege conceded to few, and even in 1494 the number

of citizens scarcely exceeded three thousand. For this reason, even

at the present day, we may find a few humble families asserting their

inheritance of old Florentine civic rights, as a rare privilege and

almost as a title of nobility. At Venice, even in the eighteenth

century, to the last days of the Republic there still existed different

grades of citizenship, and the right of government was restricted to a

small caste. This is one of the points in our history demanding closer

investigation. It is true that the whole people met indistinctly in

parliament; but such assemblies were mostly of a purely formal kind.

For, seeing that the parliament was convoked either in some square,

often of small extent, or inside a church, we are bound to infer that

the privilege accorded to all the inhabitants of the city was nominal

rather than real.

It were likewise superfluous to add that the exact division of power,

as in modern constitutions, was entirely ignored in those days.

Affairs were divided according to their importance and the quality

of the individuals concerned in them, rather than according to their

nature. The Council of the Hundred was not, as might be supposed,

at this day, a legislative assembly, nor was the executive power

vested in the Consuls. The latter gave judgment, administered affairs,

commanded armies, executed the will of the people, and occasionally

completed legislative acts even without the aid of the Council. This,

however, was always consulted regarding very important reforms, but

often voted for or against them without any discussion. On questions

of extraordinary moment the parliament gave its _placet_ without

always understanding the nature of the question. On the other hand,

not only affairs of some gravity, and particularly those for which

money was needed, were referred to the Council; but this could also be

consulted, at the Consul's pleasure, on any question whatever, from the

proposed execution of some political offender to granting some citizen

permission to transfer his abode from one _sestiere_ to another.[143]

Although a question of the latter kind seems very insignificant to

us nowadays, it was an important one then, since it altered the

distribution of the inhabitants in different parts of the city, and

consequently the relative strength of these parts and the proportional

right of the citizens to fill public offices--a point that was very

jealously watched.

[Illustration: BELFRY OF S. ANDREA, MERCATO VECCHIO, FLORENCE.

[_To face page 130._]

Such was the first form of government adopted by the Florentine

Commune. But the Commune was not yet consolidated nor sufficiently

sure of its strength. The territory beneath its sway was very limited

in extent, with ill-defined, disputable and disputed frontiers. Even

within these borders the Commune had very little power, inasmuch as

the castled nobility not only vaunted their independence of the city,

refusing to acknowledge any authority save that of the Empire, to

which they were not always submissive, but waged constant war on the

Commune, and perpetually incited neighbouring lands to rebellion.

Accordingly, the first thing to be done at this juncture was to seize

the _contado_ by force of arms, reduce it to subjection and govern it,

the which, as we shall see, led to many new and serious complications,

both within and without the walls. These vicissitudes constitute the

real civil history of Florence, which finally starts from this moment.

[Illustration]

The Two First Centuries of Florentine History The Republic and Parties at the Time of Dante. Fourth Impression. · 第 2 / 14 章