Corsica was ruled by a certain Sinucello, bearing the title of Judge of

Cinarca. He had been educated in Pisa, and the Republic had assisted

him to regain and increase his hereditary possessions in the island.

Governing there as a vassal of Pisa, he nevertheless transferred his

allegiance to the Genoese, who occupied another part of the island.

Later on, after perpetrating every species of cruel and tyrannous

deeds, he turned against the Genoese and devastated their Corsican

towns. Taking refuge at Pisa, that republic granted him protection as

a former vassal, equally regardless of the subsequent treaties, by

which he had sworn fealty to Genoa, and of all the barbarities he had

committed. Pisa tried to reinstate Sinucello in Corsica by force, but

as the Genoese were determined to keep him at a distance, this served

to provoke hostilities. In fact, being sent back to the island with

120 horse and 200 foot, he was able to recapture his possessions; but

from that moment (1282) the Genoese and Pisan ships were always chasing

one another over the Mediterranean in order to engage. Accordingly,

from the end of 1282 to the August of 1283, a continual series of

sanguinary conflicts took place, sometimes attaining the proportions of

real naval battles; and although the Pisans were generally defeated,

they always rallied their forces, and prepared to resume the struggle.

On one occasion half their fleet perished in a storm; nevertheless,

shortly after this (1284) they sent twenty-four galleys to escort Count

Fazio to Sardinia, where collisions with the Genoese were of constant

occurrence. In fact, on the 1st of May, they encountered the latter's

fleet, gave battle, and carried on an obstinate fight that lasted

the whole day. Finally, however, the Pisans were beaten off, leaving

thirteen galleys and a great number of prisoners in the enemy's hands.

Notwithstanding this reverse, the same year witnessed another naval

battle between the two republics, that proved one of the most memorable

fights on record in the Middle Ages.

Genoa, whose victories had cost her dear, caused vessels to be built

and equipped in every port of the Riviera; while Pisa, although

exhausted by so many conflicts on sea and land, made prodigious

efforts of all kinds. By appealing to the patriotism of her noblest

families, she elicited a worthy response. The Lanfranchi, a numerous

Pisan clan, equipped no less than eleven galleys at their own expense;

the Gualandi, Lei, and Gaetani, furnished six; the Sismondi three;

the Orlandi four; the Upezzinghi five; the Visconti three; the Moschi

two; and other families joined in equipping one. Andrea Morosini,

the Venetian, one of the highest naval celebrities of the time, was

chosen Podestà, with full powers to make all requisite preparations

for the war, and to then assume the chief command of the fleet at sea.

Thus both sides sent forth the most formidable armaments to be seen

in those times. Genoese writers reckon their vessels to have been

ninety-six in number, and those of Pisa seventy-two; whereas Pisan

historians reckon their fleet at 103 sail against 130 of the Genoese.

At any rate, both are agreed that the Genoese fleet outnumbered the

Pisan, and that its superiority was enhanced by the greater skill of

its commanders. The two armadas cruised in search of each other for

some time, and then tacked about before giving battle, each trying to

gain the better position. It is averred that the Pisans sailed to the

entrance of the port of Genoa, discharging silver arrows and balls

covered with purple cloth, in order to make a display of wealth, after

the usage of the time. Anyhow, it is known that some of their galleys

were anchored off Porto Pisano, and others lying in the Arno, between

the two bridges of the city, when the news came that the Genoese fleet

had been sighted. All Pisa was in a turmoil; scattered crews hastened

on board, and the archbishop, attended by his clergy, and bearing the

banner of the Republic, appeared on the Ponte Vecchio, and blessed

the fleet. Thereupon, amid joyful shouts, the galleys weighed anchor,

and swept down the river to the sea. It is related that at the moment

the benediction was pronounced the crucifix on the standard fell down,

which was judged a bad omen.

The 6th of August, 1284, was a memorable day. The two fleets met off

Meloria, at a short distance from Porto Pisano. Here in past times

the Genoese had been severely defeated by the Pisans, and here they

now sought revenge in the famous battle so fully recorded by our

historians. The remoteness of the event, and the discrepancies between

Tuscan and Genoese accounts, make it very difficult to obtain absolute

knowledge of all the details of this fight. Accordingly it will be

safer to fix our attention on the best ascertained and more remarkable

points.

The Pisan fleet consisted of three squadrons. Of these, Admiral Andrea

Morosini commanded the first; while the second was under Count Ugolino,

who, in spite of his courage, was no trustworthy leader, on account of

the devouring personal ambition urging him to subordinate the interests

of the State to his own greed for power. The third was commanded by

Andreotto Saracini. Oberto Doria, an officer of great courage and

experience, was high admiral of the Genoese fleet. As it first hove in

sight, this armada seemed no greater than that of the Pisans, but only

because a reserve of thirty galleys, commanded by Benedetto Zaccaria,

lay hidden behind Meloria--or, according to other accounts, behind

Montenero--ready to join in the fight when required. Soon after midday

the battle began, and raged for some hours without any decisive result.

But when the two flag-ships met, both fleets closed in a general

engagement. On either side vast numbers of combatants, killed, wounded,

or stunned, were hurled into the sea. The waves were crimsoned with

blood; drowning men clutched at oars to save their lives, but were

relentlessly thrust under by the rowers' next strokes, owing to the

impossibility of checking the manoeuvres in the thick of the fight,

and at the most critical moment. Just then Benedetto Zaccaria, having

been signalled for, hove in sight, full sail, and with sweeping oars,

in time to decide the fate of the day. Seeing him draw near, the Pisans

knew they were outnumbered, and their courage began to fail, although

they continued the fight with undiminished ardour. As Zaccaria dashed

in, he contrived to bring his galley alongside Doria's, so as to wedge

Morosini, whose flag-ship was making a gallant defence. At the same

time the galley bearing the Pisan standard was also surrounded by the

foe. On all sides the sudden arrival of the reserve squadron had given

fresh courage to the Genoese and diminished the hopes of Pisa. The

struggle was now too unequal; nevertheless, both sides were unwilling

to end it, for each bitter enemy was seeking to destroy not only the

other's fleet, but the very life of the rival Republic.

But the conflict could not go on for ever. The Pisan banner, on its

tall iron shaft, was suddenly seen to bend, and the next instant it

fell with a horrible crash beneath a storm of blows, while at the same

moment the admiral's flag-ship began to give way, and Morosini, who

had been shockingly wounded in the face, was forced to surrender. At

this juncture Count Ugolino, for his own treasonable purposes, gave

the signal for flight, and thus completed the catastrophe. Seven Pisan

galleys were sunk, twenty-eight captured by the foe, while, according

to the inscription on the Church of St. Matteo at Genoa, no less than

9,272 prisoners were taken. Certain Pisan writers raise the number to

eleven, and some even to fifteen thousand; but this may have included

many of the slain, who may undoubtedly be reckoned at five thousand.

At all events, after the battle of Meloria, it became a common saying

in Tuscany that one must now go to Genoa in order to see Pisa.

When those who had escaped returned to Pisa, all the town flocked into

the streets to ask news of their kindred, and nearly all had to mourn

the loss of some killed or captured relations. A host of old men,

women, and children wandered about the city maddened with despair, so

that at last the magistrates were forced to ordain that all should

keep to their own homes. Soon all the inhabitants were clad in black,

and only women were seen in the streets. Genoa, on the contrary,

rejoiced and made glad; but victory had no wise softened its hatred

against Pisa. This was proved when the fate of the prisoners came to

be discussed. Some citizens proposed putting them to a heavy ransom;

others to exchange them for the Castel di Castro in Sardinia, the key

of the Pisan possessions there; but neither suggestion was approved.

Orators raised their voices, crying that it were best to retain the

prisoners until the war should be really at an end. Thus the women,

being practically widowed, but unable to re-marry, population would

be checked, and the Pisan army prevented from repairing its losses.

In fact, the war continued sixteen years longer; and by the time the

prisoners were released, their number was reduced to one thousand and

odd, all the rest having succumbed to disease, old age, injuries, or

hardships.

VIII.

It is difficult to decide which rose to greater proportions during

these years--the heroic endurance of calamity on the part of the

Pisans, or the insatiable hatred of their victors. Soon after the

catastrophe of Meloria, Florence and Lucca proposed an alliance with

Genoa, in order to join that power in completing the extermination of

the rival republic. This alliance was to be maintained for twenty-five

years from the conclusion of the war. Hostilities were to commence

within fifteen days, Genoa being pledged to provide fifty galleys,

and Florence and Lucca to furnish an army. Thus the allies could make

combined attacks by sea and by land, and were bound to carry on the

campaign for at least forty days every year. Pisa understood that

her total overthrow was decreed, and her detestation of Lucca, and

still more of Florence, was so keen that, to avoid yielding to those

states, she professed her readiness to accept instead the terms of

submission Genoa had sought to impose. But it was now too late. On

the 13th of October the treaty of alliance was subscribed, in the

Badia at Florence, by delegates from Lucca and Genoa, together with

the representatives of Florence, of whom Brunetto Latini was one. An

arrangement was also made allowing the other Tuscan cities to join the

League, and, what was far more remarkable, another clause provided for

the admission of Pisan prisoners of influential position who should

have sworn to make war on their own state. Even Count Ugolino, his

sons, and the Judge of Gallura, were to be admitted on the same terms,

provided they became Genoese citizens and acknowledged the suzerainty

of Genoa over their estates. Nevertheless, no prisoners were to be

admitted without the general consent of the allies, and were not to

exceed twenty in number. This clause clearly proves that many Pisans

were traitorous, or disposed to treason. Nor was Florence forgetful

of the aim she had constantly in view; for even on this occasion she

took care to insert profitable commercial agreements in the treaty of

political alliance.[323]

Several other cities of Tuscany speedily adhered to the League, and

preparations for war began. Pisa was soon surrounded on all sides.

The Florentines marched into Val d'Era, the Lucchese captured several

castles, while Spinola's Genoese squadron attacked Porto Pisano and

wrought much damage there. Suddenly, however, the Florentines showed so

much slackness in lending their aid, as to excite the grave discontent

of Lucca and Genoa. Their chief object was to promote their own

commerce; hence, while anxious to break Pisa's pride, and reduce the

city to submission on the plan pursued with other Tuscan towns, it did

not suit their views to let the Genoese usurp the chief share of the

work, much less the lion's share of the profit. Yet, as things stood,

the latter's naval superiority rendered this result only too certain.

For, were Genoa once mistress of Pisa, the Mediterranean would be

practically hers, and, with so much increased power, would be truly

formidable to Florence.

Accordingly, after raising such a host of enemies against Pisa, the

Florentines now tried to turn things to their own exclusive advantage,

and, with the usual double dealing of the period, paid little respect

to the treaties they had sworn to observe. The Pisans instantly saw

their opportunity and sought to profit by it; but in so bungling a

fashion as to hasten their ruin. As we have already related, they had

vainly attempted to come to terms with Genoa, and, their grievous

calamities rendering them unable to cope with assailants equally

formidable by land and by sea, they now made endeavours to conciliate

Florence. For this purpose they nominated Count Ugolino to the office

of Podestà, and even entrusted him subsequently with the direction of

the war, in spite of the general belief that he had played the traitor

at Meloria. For, knowing him to be Guelph, and secretly favourable to

the Florentines, they considered him fitted to fulfil their purpose

of detaching the latter from the Genoese interests. They knew, also,

that the count was absorbed in the single idea of establishing his own

domination in Pisa; therefore he would be ready to come to terms, if

required, with the enemies of his country, and be capable of the worst

crimes in order to gratify his enormous ambition. But, this ambition

once sated, the Pisans believed that, possessing many friends among

the Guelphs, his courage and astuteness would enable him to arrange

satisfactory terms. This proved to be the case, but his intervention

led to very unexpected results.

The chroniclers relate that Ugolino sent the rectors of Florence a

present of Vernaccia wine, with gold florins at the bottom of every

flask as a bribe.[324] This legend merely signifies that he was

considered capable of employing any means to attain his own ends. At

all events, he was obliged to impose very cruel sacrifices on Pisa

before the Florentines could be induced to suspend hostilities. It was

necessary to cede important domains, castles such as Sta Maria a Monte,

Fucecchio, Sta Croce, and Monte Calvoli, and to restore the city to the

Guelphs by banishing all the Ghibellines--the direst humiliation to a

republic that had always been steadfastly Ghibelline. But, with her

very existence at stake, Pisa was bound to submit even to this.

When, however, the Genoese and Lucchese discovered that the Florentines

had deserted them and were siding with Pisa against Lucca, they

complained so bitterly of this breach of faith, that Count Ugolino

deemed it well to at least silence Lucca by the cession of Bientina,

Ripafratta, and Viareggio. In this manner the haughty Pisan Republic

was stripped of nearly all its territories outside the city gates, and

deprived of all power of defending the coast, at a time when its ships

were being chased and plundered by the Genoese on every sea. Amid the

general ruin and desolation, however, Ugolino triumphed; for now, being

absolute lord of Pisa, his dearest desire was fulfilled. Nevertheless,

his power was much less secure than he supposed, for the fiery Pisan

spirit was not entirely extinguished, and already the majority of the

citizens were growing intolerant of a tyranny at home failing to spare

them humiliations abroad. The smallest occasion served to show that

public feeling was on the verge of an outbreak.

Much discontent was also provoked in the course of negotiations

with Genoa for the restitution of the prisoners, comprising many of

Pisa's best sons. Their release was desired at any cost; but the

count, knowing them to be Ghibellines, and consequently opposed to

himself, daily invented fresh obstacles to prevent their return, and

by proposing terms the Pisans could not accept, always caused fresh

delays. Thus, as he intended, no conclusion could be arrived at. But

his arrogance finally produced discord even among his own party. His

nephew, Nino Visconti, judge of Gallura, and the natural head of the

Guelph faction, began to make overtures to the Ghibellines for the

purpose of combating his uncle. Thereupon Ugolino promptly sent many

other Ghibellines into exile, and demolished ten of their grandest

palaces. This produced an outburst of indignation. Nino made close

alliance with the Gualandi and Sismondi, and all tried to hasten the

prisoners' release, while the count found fresh pretexts for delay by

reviving causes of dispute with Genoa.

After vain attempts to rouse the people against him, Nino and his

friends resorted to legal measures, hoping in this way to curb his

tyrannous excesses. He had been nominated Captain-general of the

people, but had illegally usurped the office of Podestà in addition,

and fixed his residence in the palace of the Signory, where he had no

right to dwell. His nephew and the others sued him for this before the

_Anziani_, and obliged him to leave the palace in conformity with the

law. He obeyed for a short time, but soon resumed his former supremacy

by force. Meanwhile, party hatred grew stronger, the count fomenting

discord with Genoa, while his enemies, as another means to his

overthrow, were doing their utmost to conclude peace and deliver the

prisoners.

At last the count discerned his peril, and tried to find some way

of escape. Seeing that certain Guelphs were no less hostile than

the Ghibellines and had joined with them against him, he decided on

conciliating the latter, in order to detach them from the Guelphs who

had forsaken his cause. Thus he might at once defeat these deserters,

and, having isolated the Ghibellines, find it easy to destroy them

later on.

But, in spite of these ingenious devices, both parties finally combined

against him, under the command of Archbishop Ruggiero, one of the most

powerful of the Ghibellines. Civil war raged in the city; the public

palace was alternately seized by the archbishop, and re-captured by

the count; while the latter, blinded by his fury for revenge, rejected

the warnings and advice of even his closest adherents. One day, when

the popular discontent had come to a climax, in consequence of the

high price of provisions, and no one ventured to inform him of it, one

of his nephews demanded audience, explained the state of things, and

advised him to suspend the levying of customs, so as to lower the price

of food. But this enraged the count to such a point that, drawing his

dagger, he stabbed the speaker in the arm. A nephew of the archbishop

chanced to be present, and being a friend of the wounded man, rushed

forward to shield him from further attack. Thereupon the count,

maddened with fury, caught up an axe that lay near, and with one blow

stretched the intruder dead at his feet.

The Archbishop Ruggieri dissimulated for a while, waiting his chance

to take revenge. It came at last. On July 1, 1288, the council of

the Republic was assembled in the Church of St. Sebastian to discuss

the arrangement of peace with Genoa. Both the Ghibellines and people

yearned for peace at any cost; but the count raised fresh obstacles,

still relying on the support of his friends. As the meeting dispersed,

the archbishop perceived that the favourable moment had arrived, and

that no time must be lost. The Gualandi, Sismondi, Lanfranchi and other

houses joined with him, and all proceeded to attack Ugolino. The latter

made a valiant resistance, aided by two of his sons, two nephews,

and a few devoted followers. After the first encounter, in which

Ugolino's natural son was slain before his eyes, he took refuge in the

palace of the people, and defended it from midday to dusk, when the

besiegers decided to set it on fire. Then, forcing their way through

the flames, they captured the count, with his two younger sons, Gaddo

and Uguccione, and his nephews Nino, surnamed Brigata, and Anselmuccio.

The prisoners were thrown into the Gualandi tower on the Piazza degli

Anziani, and Ruggieri kept them most closely confined there for several

months.[325] Finally the key of the tower was cast into the Arno,

and all left to die of starvation, amid the torments immortalised by

Dante's pen.[326]

IX.

These events, while still further reducing the strength of the

unfortunate city, likewise caused the overthrow of the Pisan Guelphs,

by once more driving them into exile, and promoted the hopes of the

Ghibellines, who now seemed to have gained new life in Tuscany.

Accordingly Florence was again compelled to recur to arms. Charles

I of Anjou was no more, and Pope Honorius, being favourable to the

Ghibellines, had instigated his kinsman, Prenzivalle del Fiesco, to

assume the post of vicar-imperial in Tuscany, But as the cities of

the League gave him a very rough reception, he retired to Arezzo, and

vainly promulgated edicts against the Guelphs. By this time no one

heeded the words of Imperial vicars. On realising this he went back to

Germany, leaving Arezzo a prey to conflicts, in which the Ghibellines

won the victory, with the help of numerous Florentine exiles. The

Guelphs sought refuge in neighbouring castles, whither reinforcements

reached them from the Florentine Signory. Thus the war spread even to

the Upper Val d'Arno; for as the Ghibellines had returned to power,

both in Arezzo and Pisa, led by the spiritual lord of either town, they

had now to be encountered on two sides. In Pisa their chief was the

Archbishop Ubaldini, in Arezzo, Guglielmo degli Ubertini, an equally

Ghibelline prelate. The latter was also a better warrior than priest,

the lord of many strongholds, and being of a very slippery nature,

first attempted to betray the city to the Florentines, in return for

an agreement guaranteeing him his possessions. The men of Arezzo

contrived, however, to compel him to keep faith with his own party.

On June 1, 1288, the army of the League took the field. It comprised

nobles and _popolani_ from every part of Tuscany, and together with

the mercenary troops reached a total of 2,600 horse and 12,000 foot.

They carried on the campaign for twenty-two days, capturing and razing

about forty castles, great and small, on the Aretine territory; but

then a great storm wrought so much damage to their encampments, that

they were forced to beat a retreat. As a mark of insult to the enemy,

they had held races under the walls of Arezzo, naming twelve knights

_di corredo_;[327] but then, raising the siege, they went back to

Florence, leaving their foes unconquered and undismayed. In fact, when

the Siennese separated from the main body on the way to their own city,

they were surprised by a band of Aretines in ambush, and thoroughly

routed.

During the month of August the Florentines joined with the Pisan

Guelph exile, Nino di Gallura, made raids on Pisan lands, and occupied

the Castle of Asciano; then, in September, they marched against the

Aretines, who had now gathered an army of seven hundred horse and eight

thousand foot. No pitched battle, however, took place, for the enemy

retreated before the Florentines, leaving them to devastate the country

at their will, but afterwards made reprisal in the beginning of 1289,

by laying waste the Florentine territory, and penetrating almost as far

as San Donato. These variously important skirmishes paved the way for

more serious hostilities.

All Tuscany was now preparing for war. The captain elected by Pisa was

Count Guido da Montefeltro, who had risen to the highest distinction by

his victory over the French troops of Charles of Anjou at the battle

of Forlì. He was undoubtedly one of the bravest warriors of the time,

and on his arrival in Pisa quickly reorganised the militia, and created

a new body of light infantry of three thousand crossbowmen, able to

do good service against the heavy cavalry then considered the chief

strength of an army. On the other hand, the Aretines increased their

forces so much, that when Charles II. of Anjou passed through Florence

on the way to his coronation in Naples, the Florentines were obliged to

grant him an escort of their best horse and foot soldiers, to protect

him from the attack threatened by the men of Arezzo. On this occasion

they asked the king for a good leader, to enable them to pursue the

campaign energetically, and Amerigo de Narbonne being appointed to the

post, he joined them, accompanied by William de Durfort and one hundred

men-at-arms.

On June 2, 1289, the new captain, Narbonne, took the field with an army

of one thousand horse and ten thousand foot soldiers of the League. It

comprised the flower of the Florentine nobles and commons, including

six hundred of the best-equipped knights ever furnished by the city.

Prato, Pistoia, Sienna, and all the allies, including the Guelphs

of Romagna, had sent their due contingents. Meanwhile the Aretines

had collected all the Ghibellines from neighbouring cities, and were

encamped at Bibbiena with eight hundred horse and eight thousand foot,

under the command of their captains, the greatest of whom was the

daring Bishop Guglielmo degli Ubertini. On finding that he could not

make terms with Florence to secure his own strongholds, without being

exposed to the vengeance of the Aretines, he had plunged into the war

with youthful ardour. His conduct was arrogant and full of assurance;

for he relied on his own courage and that of his men, and despised the

Florentines, because, so he said, they were as sleek as womenfolk.

On the 11th of June the two armies met in the plain of Poppi, near

Campaldino, where the engagement began. The battle is known by that

name, and rendered all the more celebrated by the fact of Dante

Alighieri--then young and unknown--having fought in it. The Florentines

had placed a mixed host of infantry, crossbowmen, and bucklermen in

the van, and their wings were formed of 150 skirmishing light horse,

who were all picked men. Vieri de' Cerchi was among the latter; for,

having been entrusted with the choice of those of his _sestiere_, he

insisted, in spite of illness, on accompanying his son and nephews to

the battlefield. In the rear of the first division a stronger force

of heavy cavalry and infantry was drawn up, with the baggage-train

behind. Corso Donati led a band of about 250 foot and horse from Lucca,

Pistoia, and foreign parts. He was Podestà of Pistoia at the time, and

was directed to hold his reserve back until the commander-in-chief

gave the signal to advance. On either side there was a fever of

emulation between the Guelphs and the Ghibellines, and to gratify the

ambition of their respective leaders, some were awarded the honour

of knighthood that day, in order to spur them to greater feats. The

Florentines were under orders to await the enemy's charge, and Messer

Simone dei Mangiadori of San Miniato shouted to his men, "Signori!

our Tuscan battles used to be won by vigorous assault, but are now to

be won by standing still." The Aretines, on the contrary, trusting

to their own courage and their leader's skill, made so impetuous a

charge to the cry of "_Viva San Donato!_" that the Florentine army

wavered, and gave way before the shock. Nearly all the light horse

were hurled from their saddles, and the main body fell back. But the

foot soldiers flanking the second corps moved forward to the cry of

"_Narbona cavaliere!_" and by threatening to surround the enemy,

checked its advance, and thus gave their comrades time to re-form.

Count Guido Novello, in command of 150 Aretine mounted skirmishers,

lost his presence of mind, and by failing to attack the foe at the

moment when their ranks were in confusion, caused much harm by the

delay. But this was his usual behaviour, and presently, as the fight

grew hotter, he took to flight--also as usual. On the other hand,

Corso Donati, although instructed to keep his men steady, and not to

advance until expressly summoned, could not remain inert on beholding

the Florentines waver at the first shock of encounter, and cried aloud,

"If we lose, I will perish with my fellow-citizens; if we win, let who

likes come to Pistoia to punish our disobedience;" and so saying, gave

the command to take the enemy in flank. Thus the attacking Aretines

were now charged in their turn. They made an admirable resistance, and

their cavalry being insufficient, the infantry crawled on all fours

among the advancing troops, and disembowelled their steeds. But no

prodigies of personal courage could avail to decide the battle. There

was a fierce and prolonged mêlée; the Florentines fought stubbornly,

and nearly all the leaders of the Aretines were killed. Archbishop

Ubertini fell, sword in hand; so, too, his nephew, Guglielmino dei

Pazzi, held to be one of the bravest captains in Italy, and Buonconte,

the Count of Montefeltro's son. Many Florentines perished, including

three of the Uberti and one of the Abbati. Count Guido Novello alone

saved his skin by flight. The Aretines were thoroughly routed, and,

according to Villani, left seventeen hundred dead on the field, and two

thousand prisoners in the enemy's hands. But of these only 740 reached

Florence, the rest having escaped or been ransomed. This is not very

surprising, when we remember that in these Guelph and Ghibelline wars

fellow-citizens, and old friends or relations, often had to meet in

combat; and that consequently leniency was more natural than hatred,

although there are only too many instances of the ferocity to which

the latter feeling was carried. The Florentine losses were slight and

unimportant. Corso Donati, whose daring charge greatly contributed

to decide the struggle, and Vieri de' Cerchi were both covered with

glory. Many men previously deemed of little account won high reputation

that day, while many others forfeited their fame. At any rate, all the

best citizens and captains returned safely to Florence, and there was

general rejoicing in the city.[328]

The Florentines had felt assured of victory from the outset. In fact

we are told that the priors, having fallen asleep on the day of the

battle, worn out by their previous vigils, they were suddenly awakened

by the sound of a voice seeming to cry: "Arise, for the Aretines

are beaten." At that moment all the citizens were in the streets,

waiting impatiently the arrival of news. At last the desired messenger

appeared, and there was an outburst of joy and festivity. Later on

discontent was excited by hearing that the army had failed to follow

up the victory by giving pursuit to the foe. For had the latter been

driven back into Arezzo, that town might have been easily seized.

Instead of this, the forces captured Bibbiena, belonging to the bishop,

plundered several castles, and devastated the country for twenty

days. They ran races round the walls of Arezzo, and used their rams

to drop asses crowned with mitres into the town, in order to insult

its inhabitants. But they suspended all serious hostilities for the

time, although, when the new priors had been chosen, the government at

once despatched two of them to the camp, in order to push forward the

war in person, and hasten the capture of the city. But the favourable

moment had passed, for the Aretines made some successful sallies, and

set fire to all the besiegers' engines of assault. Accordingly, leaving

a sufficient force to guard the captured castles and unfinished

siege-works, the Florentines returned home on the 23rd of July, much

to the displeasure of the citizens, who murmured that the enemy's gold

must have been poured into the camp. Nevertheless, a great victory had

been won, and the soldiers were received with vast demonstrations of

delight. All the people, with the banners and insignia of every guild,

and the whole of the clergy, went forth in procession to welcome the

conquerors. The Captain, Amerigo de Narbonne, and Ugolino de' Rossi,

the Podestà, entered the town in state, beneath sumptuous canopies

of cloth of gold, borne by the noblest of Florentine knights. The

entire cost of the campaign was paid by levying a property tax of six

_lire_, six _soldi_ per cent. in the city and its territory. This tax

soon yielded a product of thirty-six thousand gold florins, owing,

as Villani remarks (vii. 132), to the admirable administration and

organisation of the financial affairs of the Commune at that time.

After humiliating the two hostile cities of Arezzo and Pisa, the

Florentine Republic had overthrown the Ghibellines and assured the

triumph of the Guelphs throughout Tuscany, and thus gained almost

unlimited influence, both political and commercial. Hence there was a

vast and rapid increase of prosperity. Great festivities and banquets

were held in all the wealthiest houses, and palace courtyards, covered

with silken canopies and draped with gorgeous stuffs, served as places

of entertainment for the citizens. In token of rejoicing the womenfolk

paraded the streets wearing garlands of flowers. Nevertheless, there

was a general wish to continue the war, in the hope of completing the

overthrow of the two most powerful Ghibelline cities. This, however,

was no easy task.

In 1289 there were fresh skirmishes between the Guelphs and

Ghibellines, although none of any importance. The Florentines made

several attempts to capture Arezzo by force and by fraud, but always

in vain. In November they had contrived a secret arrangement by means

of which it was hoped to surprise the city. A decree was suddenly

issued summoning all able-bodied men to assemble outside the walls

before a candle lighted at one of the gates should have time to burn

down. The army thus hastily gathered made a forced march on Arezzo; but

the treason plotted there had been already discovered: a dying man,

rumour said, having revealed it to his confessor. At any rate, the army

was obliged to withdraw from a bootless errand.

In the June of the ensuing year, 1290, the Florentines resumed the

campaign with an army of 1,500 horse and 6,000 foot, furnished by the

League. Surrounding Arezzo, they devastated the territory within a

circuit of six miles, for the space of twenty-nine days, but without

achieving any farther result. At that period all cities were fortified,

and before the invention of gunpowder siege operations had no chance

of success, save by treason, against a resolute defence. Now, too, the

Florentines were trying to carry on a double campaign, against Arezzo

on the one hand and Pisa on the other. In fact, presently leaving three

hundred horse and a considerable number of foot soldiers to garrison

the neighbouring strongholds, they transferred the rest of the army

from the Upper to the Lower Val d'Arno, to act against Pisa.

In the preceding year, aided by Florence and the League, Lucca had

taken the field with four hundred horse and two thousand foot, in

order to carry on the war with Pisa, while the Florentines were busied

with Arezzo. This force encamped before Pisa, and, according to usage,

held races there; harried the territory for twenty-five days, captured

the Castle of Caprona, and made several assaults on Vico Pisano, but

achieved no farther result. Now, in 1290, the Florentines resumed the

attack in combination with all the great forces of the League. And

while this army was making a general attack by land, the Genoese fleet

swooped down on the coast with deadly effect. Leghorn and Porto Pisano

were taken, the four towers guarding the harbour were thrown into the

sea, and the Meloria lighthouse destroyed in the same way, together

with its keepers. Before setting sail the Genoese blocked the mouth of

the harbour by sinking four ships laden with ballast, and demolished

all warehouses and palaces. But the havoc wrought by land was confined

to the destruction of crops and the demolition of petty strongholds.

Meanwhile the Pisans made a brave resistance on all sides. Guido di

Montefeltro, their captain, used his newly invented troop of light

horse to excellent effect against the Tuscan infantry of the League and

the heavy cavalry in its pay. By his successful sallies he repeatedly

achieved a bloody revenge for past losses. In December, 1291, the

Pisans marched on the Castle of Pontedera, and finding it slackly

defended, accomplished its capture, and shortly afterwards stirred

the Castle of Vignale to revolt against San Miniato. Thereupon the

Florentines decided on sending an army to provoke a fresh engagement;

but the expedition was too long delayed, and the troops had hardly

started before torrents of rain inundated the country and compelled

them to retreat.

Military operations now slackened more and more, for mischief was

brewing in the city, and all men foresaw that worse troubles were at

hand. Therefore, although urged to resume hostilities by their valiant

and energetic leader, the Judge of Gallura, the Florentines so sorely

needed tranquillity that they finally concluded a treaty of peace

at Fucecchio on June 12, 1293. According to its stipulations, all

prisoners of war were to be released; no duties were to be levied on

inhabitants of the communes of the League in passing through Pisa, nor

on Pisans passing through the said communes. The office of Podestà or

Captain of Pisa was only to be held by a member of the League, and it

was expressly forbidden to confer that post on any rebel or adversary

of the said League, or any scion of the Montefeltro house. Further,

Count Guido, the brave chief who had shown so much energy and daring

in defence of the Pisan Republic, was to be dismissed, together with

all the foreign Ghibellines; and twenty-five citizens of the best

Pisan blood were to be given in hostage to secure the due observance

of the terms. Such was the reward of the veteran leader's fidelity and

heroism! On being paid off, he entered the council chamber, and after

reproving the ingratitude of the Pisans in dignified words, took his

leave without expressing any wish for revenge. Yet, being still in

command of an experienced army devoted to himself, vengeance lay in his

power, had he chosen to follow the fashion of the times. Another clause

of the treaty provided that the descendants of Count Ugolino and the

Judge of Gallura should be freed from outlawry and reinstated in all

their possessions.[329]

X.

From this moment the Florentines devoted their chief attention to the

affairs of the city, although these had not been altogether neglected,

even during the last wars. Continual improvements had been made in

the administration of the Republic, and in many respects it was a

model administration, while there was also a notable increase of

commerce, trade, and wealth. At the same time many public works had

been completed under the direction of the famous architect Arnolfo

di Cambio, the creator of some of the grandest public buildings in

Florence. He planned the alterations for the enlargement of the city,

first undertaken in 1285, and afterwards built the third circuit

of walls, the which work was also superintended by the celebrated

chronicler Giovanni Villani. It was likewise by Arnolfo's care that

the Loggia of Or' San Michele, then used as a corn market, was built

in and paved, the Piazza dei Signori supplied with a pavement, and the

Badia embellished and restored. Folco Portinari, the father of Dante's

Beatrice, founded, at his own expense, the church and hospital of Santa

Maria Nuova. The Piazza of Santa Maria Novella was laid out, and many

other public works of a similar kind were begun.[330]

Meanwhile political reforms were uninterruptedly carried on, and among

them the notable measure passed in 1289, reducing the Podestà's term of

office from twelve to six months.[331] The post was then conferred on

Rosso Gabrielli of Gubbio, a city supplying many Podestàs and Captains

of the people not only to Florence, but to all parts of Italy. At that

period Romagna, Umbria, and the Marches seemed to be a nursery of these

dignitaries, the inhabitants of those provinces being not only well

trained to arms, as is proved by the horde of captains and soldiers of

adventure they sent forth, but also well versed in the legal lore of

the neighbouring university of Bologna. This reduction to six months of

the Podestà's tenure of office was not long maintained, but had been

decreed for the same motives as the change of Signory every two months.

The power of a magistrate authorised to administer justice, in command

of the army and invariably escorted by a body of armed followers in his

private pay, might be easily transformed into a formidable despotism,

as several Italian republics had already found to their cost. Hence

it was endeavoured to avert this danger from Florence by changing

the magistrates so frequently as to allow no time for hatching plots

against the Commonwealth, or forming a party whose adherence could be

counted on for any length of time.

But political and social changes of a very different and far graver

kind were now brewing among the citizens of Florence. Signs of a new

and radical transformation were becoming daily more pronounced; hence

the greater need of assuring peace in order to withstand the inevitable

and imminent shock of coming revolutions. The presence of the Angevins

in Florence, the example set by their nobles, and their continual

creation of new knights, had swelled the arrogance of the leading

Guelphs to a boundless extent. These patricians were now known by the

name of _grandi_, and in imitation of the French nobility assumed

manners ill-suited to a republican state, trying to rule everything

and all men according to their will. A serious riot took place in

1287, because one of these chieftains, named Totto Mazzinghi, being

condemned to death by the Podestà for murder and other crimes, Messer

Corco Donati, one of the leading nobles of Florence, attempted to

rescue him by force on the way to the scaffold. Thereupon the Podestà,

resenting such open violation of the law, caused the alarm bell to be

rung. The people flocked to the place of execution sword in hand, some

mounted, some on foot, to the cry of "_Giustizia, Giustizia!_" and the

sentence was then carried out with the uttermost rigour of the law.

The condemned Mazzinghi was dragged through the streets before being

hung; the promoters of the revolt against the magistrates were heavily

fined, and order was re-established in the city. But these disturbances

were indicative of deeper evils to come, and Florentine statesmen were

full of anxiety. In order to check the arrogance of the _grandi_,

and prevent them from combining with the populace, the middle-class

Guelphs began to grant political rights on a continuously wider scale,

while restricting the power of the nobles. As we have already seen,

the latter had been obliged to provide sureties personally responsible

for their actions, to swear to abstain from deeds of vengeance, from

oppressing the people and so forth. The very remarkable law passed

on August 6, 1289, served to overthrow the might of the nobles, both

within and without the city walls, and to enhance that of the people by

destroying the last lingering remains of the feudal system. Thanks to

this decree, serfdom was entirely abolished throughout the territory;

for in terms resembling a proclamation of the rights of man, it

declared liberty to be an imprescriptible, natural right, a right never

to be dependent on another's will; and that the Republic was determined

not only to maintain liberty intact throughout its dominions, but

likewise increase the same.[332] Thus every species of bondage, whether

for a term or for life, was abolished, together with all contracts or

agreements infringing on the liberty of the individual.

It has been thought by some writers that the Commune of Bölogna had

already achieved this most important reform in 1256, and that Florence

only followed its example thirty-three years later. But this was an

error induced by supposing that in the Italian communes the abolition

of serfdom was completed at one stroke, whereas, on the contrary, it

was carried out very slowly and in different degrees. In the territory

there were not only _nobles_ and their _serfs_, but also _fideles_,

whose personality was already recognised by law, but who still remained

dependents of the _nobiles_ and bound to yield them service and

tribute. At a later date the condition of the _fideles_ was further

ameliorated; they could hold land in fee from their lords, or by

payment of a yearly rent (a _livello_), but remained bound to them on

terms of villeinage, and therefore bound to the soil. For this reason

the lords believed, or feigned to believe themselves entitled to sell

the soil, together with the _fideles_ attached to it, even when this

was no longer in accordance with the spirit of the law. The Bölognese

abolished serfdom in 1256, but the peasantry remained in their master's

dependence, that is, more or less as _fideles_, and although these

conditions were ameliorated in 1283 they were not altogether abrogated.

But even earlier than 1289 serfs had ceased to exist in the Florentine

territory, and, judicially, the _fideles_ had been long considered

almost independent of their masters, although the latter, by the abuse

of purely personal contracts, often compelled them to remain attached

to the soil and claimed the right of disposing of them, as well as

of the land. These were the abuses condemned and suppressed by the

Florentines in 1289, as being adverse to liberty, "the which is a

natural and therefore inalienable right." The new law likewise decreed

that in consequence of this natural right all the above-mentioned sales

became null and void; and cancelling every illegal contract, it finally

guaranteed complete freedom to the peasantry. And by another clause

every peasant was thenceforth enabled (irrespective of any sale of the

land) to purchase his emancipation from any personal contract binding

him to the proprietor of the soil. Thus the law of 1289 did not abolish

serfdom, inasmuch as that institution had been already suppressed by

the Florentines some time before, but it assured, for the first time,

complete liberty to the cultivators of the soil. Economically, the new

law was very advantageous to the Commune, by converting the peasantry

into direct contributors, and no less advantageous to the democracy,

inasmuch as it broke the last links of the feudal system, and weakened

the power of the nobles throughout the _contado_.[333]

Many other measures were also passed in 1289 and 1290 for the purpose

of strengthening the position of the people in the city, and serving to

show that Florence steadily pursued the work of political and social

transformation. First of all, the number of legally constituted guilds

was increased by adding five more to the seven greater guilds, and

all having their special insignia, organisation, arms, and political

attributes.[334] We now find records of twelve greater guilds in the

archives of the Republic, whereas, previously to this date, seven

only were mentioned. It is true that the number was very soon reduced

again to seven; but then the five omitted were joined to nine others,

these fourteen designated as the lesser guilds, and the total number

of the guilds was finally fixed at twenty-one. In 1290 another law was

passed, called _the law of prohibition_, decreeing that no prior could

be re-elected to office until three years had elapsed. Later on this

prohibition was partially extended even to the kinsmen of a prior.[335]

The scope of these measures was always to prevent the rise of any

future tyranny and to keep the growing arrogance of the nobles in check.

Other laws were also framed for the same purpose. As, for instance,

the two decrees carried almost unanimously on June 30, and July 3,

1290.[336] By these all guild-masters were prohibited, under severe

penalties, from forming monopolies, agreements, compacts, fictitious

sales, or other arrangements tending to the imposition of arbitrary

prices, regardless of the rules prescribed by statute. And not only the

individuals guilty of such infringement were subject to punishment and

to be mulcted in the sum of 100 _lire_, but the guild to which they

belonged was also subject to a fine of 500 _lire_ for neglecting to

enforce obedience to the laws, and its rectors and consuls were to be

mulcted in 200 _lire_.

On January 2, 1291, another law was passed of a far weightier import,

with the clearly expressed aim of curbing by force the wolfish

rapacity of the nobles (volentes lupinas carnes salsamentis caninis

involvi).[337] This decree rigorously prohibited recourse to any

tribunal or magistrate save to the legally constituted authorities,

such as the priors, the Captain, Podestà, or the judges in ordinary

of the Commune. All persons having obtained from the Pope, Emperor,

King Charles, or their respective vicars exemptions of any kind, or

right of appeal to other magistrates, and pretending to exercise such

right, and all persons who, with the same intent, should assert the

power of exercising old feudal privileges, were warned to refrain

from attempting to use such rights under penalty of the severest

punishment. The new law minutely described different forms of similar

fictitious exemptions, and determined the penalties incurred by

their use. What seems strangest of all is, that this law decreed the

punishment not only of persons asserting and trying to exercise the

above-mentioned rights, of the notaries transcribing the acts, and the

lawyers declaring them valid; but in cases where the real criminals

should escape punishment, it likewise held responsible the relations

and distant connections of the guilty, and even their labourers and

tenants. At that period the populace, the well-to-do burghers and the

nobles (_grandi_) formed as it were three classes of citizens, or,

indeed, three distinct social bodies, who both for offence and defence,

in all questions of party rancour, revenge or political privilege,

acted as though every one was willingly and of necessity bound to be

responsible for the deeds of his colleagues. Hence, recognising this

state of things, certain extreme measures were decreed, which, although

opportune and even imperative at the moment--in order to forward

the democratic cause by assisting the weak to struggle against the

powerful class--were none the less arbitrary. However, the necessity of

employing the most stringent remedies was becoming daily more obvious.

The nobles had been too much uplifted by the favours heaped on them by

the Pope and the Angevins. And the brilliant success recently achieved

at Campaldino, where victory had been decided by the prowess of Corso

Donati and Vieri de' Cerchi, had so swelled their pride that they

openly vaunted their contempt for the law, and constantly violated its

prescriptions. This state of things finally produced the revolution of

1293, resulting in the constitution of the second popular government

(_il secondo popolo_) and the total overthrow of the nobles.

NOTE A.

"In Dei nomine amen. Anno sue salutifere incarnationis

millesimo ducetesimo octuagesimo nono, indictione secunda,

die sexto intrante mense augusti. Cum libertas, qua cuiusque

voluntas, non ex alieno, sed ex proprio dependet arbitrio,

iure naturali multipliciter decoretur, qua etiam civitates et

populi ab oppressionibus defenduntur, et ipsorum iura tuentur

et augentur in melius, volentes ipsam et eius species non

solum manutenere, sed etiam augmentare, per dominos Priores

Artium civitatis Florentie, et alios Sapientes et bonos viros

ad hoc habitos, et in domo Ghani Foresii et Consortum, in

qua ipsi Priores pro Comuni morantur, occasione providendi

super infrascriptis unanimiter congregatos, ex licentia,

bailia et auctoritate in eos collata, et eisdem eshibita et

concessa in Consiliis et per Consilia domini Defensoris et

Capitanei et etiam Comunis Florentie, provisum, ordinatum

extitit salubriter et firmatum: Quod nullus, undecumque sit et

cuiuscumque conditioni dignitatis vel status existat, possit

audeat vel presumat per se vel per alium tacite vel espresse

emere, vel alio aliquo titulo, iure, modo vel causa adquirere

in perpetuum vel ad tempus aliquos Fideles. Colonos perpetuos

vel conditionales, Adscriptitios vel Censitos vel aliquos

alios cuiuscumque conditionis existant, vel aliqua alia iura

scilicet angharia vel perangharia, vel quevis alia contra

libertatem et condictionem persone alicuius, in civitate vel

comitatu vel districtu Florentie; et quod nullus, undecumque

sit, et cuiusque condictionis, dignitatis vel status existat,

possit, audeat vel presumat predicta vel aliquid predictorum

vendere, vel quovis alio titulo alienare, iure modo vel causa

concedere in perpetuum vel ad tempus alicui persone, undecumque

sit, vel cuiusque condictionis dignitatis vel status, in

Civitate vel comitatu vel districtu Florentie, decernentes

irritum et inane et ipso iure non tenere, si quid in contrarium

fieret in aliquo casu predictorum. Et tales contractus et

alienationes quatenus procederent, de facto cassantes, ita

quod nec emptoribus vel acquisitoribus ius aliquod acquiratur,

nec etiam ad alienantes vel concedentes ins redeat, vel

quomodolibet penes eos remaneat: sed sint tales Fideles, vel

alterius conditionis astricti, et eorum bona, et filii et

descendentes libere condictionis et status. Et nihilominus

tales alienantes, vel quomodolibet in alios transferentes,

in perpetuum vel ad tempus, per se vel per alium et quilibet

eorum, et ipsorum et cuiusque eorum sindici, procuratores et

nuntii, et tales emptores, vel alio quovis titulo, modo, causa

vel iure acquirentes, per se vel per alium in perpetuum modo

vel ad tempus, et eorum procuratores, sindici et nuntii et

iudices et notarii et testes, qui predictis interfuerint vel ea

scripserint, et quilibet eorum, condempnentur in libris mille

f. p., que effectualiter exigantur, non obstantibus aliquibus

pactis vel conventionibus, etiam iuramento vel pena vallatis,

iam factis vel in posterum ineundis, super predictis vel aliquo

predictorum vendendis, permutandis vel alio quovis modo vel

titulo transferendis. Quos contractus supradicti domini Priores

et Sapientes nullius valoris et roboris fore decreverunt, et

quatenus de facto processissent vel procederent, totaliter

cassaverunt et cassant. Decernentes etiam quod si aliquis

non subiectus iurisdictioni Comunis Florentie, et qui non

respondeat in civilibus et criminalibus regimini florentino,

vel non solvat libras et factiones Comunis Florentie,

undecunque sit, per se vel per alium, predictos contractus vel

aliquem predictorum iniret aliquo modo iure vel causa, quod

pater et fratres et alii propinquiores ipsius, si patrem vel

fratrem non haberet, et quilibet eorum condempnentur in libris

mille f. p., que pena effectualiter exigatur; reservantes

etiam sibi et populo florentino potestatem super predictis et

quolibet predictorum acrius providendi contra tales concedentes

vel concessiones recipientes per se vel per alium in aliquibus

casibus de predictis. Et quod in predictis omnibus et singulis

et circa predicta domini Potestas et Defensor et Capitaneus

presentes et futuri et quilibet eorum plenum, merum et liberum

arbitrium habeant et exercere debeant contra illos, qui in

predictis vel circa predicta committerent in personis et rebus,

ita et taliter quod predicta omnia et singula effectualiter

observentur et executioni mandentur. Salvo tamen quod Comuni

Florentie quilibet possit licite vendere et in ipsum Comune

predicta iura transferre; et etiam ipsi Fideles et alii

supradicti se ipsos et eorum filios et descendentes et bona

licite possint redimere sine pena; et illi tales qui talia

iura haberent, possint ipsa iura ipsis fidelibus volentibus

se redimere vendere et eos liberare a tali iure licite et

impune. Et hec omnia et singula locum habeant ad futura et

etiam ad preterita, a kallendis ianuarii proxime presentis

citra, currentibus annis Domini millesimo CC^{o} LXXXVIII^{o}

indictione secunda."

This law was read and approved of in the general and special

council of the captain and of the _capitudini_, as was the

custom, but not in that of the Podestà. It has been published

many times, but not without mistakes and omissions: by the

lawyer Migliorotto Maccioni in a work of his in favour of

the Counts of Gherardesca (vol. ii. p. 74); by C. F. Von

Rumohr, "Ursprung der Besitzlosigkeit des Colonen in neuren

Toscana" (Hamburg, 1830), pp. 100-103; and in the "Osservatore

Fiorentino" (vol. iv. p. 179). Florence: Ricci, 1821. We give

it as it is in the original text in the State Archives of

Florence, _Provvisioni_ Registro 2, a. c. 24-25.

NOTE B.

The defender of the artisans and of the guilds, Captain and

_Conservatore_ of the city and commune of Florence, brought

forward the proposal in the special and general council on

June 30, 1290, "presentibus et volentibus Dominis Prioribus

Artium," and the proposal, carried almost unanimously (_placuit

quasi omnibus_), ran as follows:--"Quia per quamplures homines

civitatis Florentie fide dignos, relatum est coram officio

dominorum Priorum Artium, quod multi sunt artifices et

comunitates seu universitates Artium et earum Rectores, qui

certum modum et formam indecentem, et certum precium incongruum

imponunt in eorum mercantiis et rebus eorum Artium vendendis

contra iustitiam et Rempublicam." It ended by strictly

forbidding every sort of monopoly and every contract of sale

arranged in a manner contrary to custom or to the laws, "et

quod dogana aliqua vel compositio non fiat contra honorem et

iurisdictionem Comunis Florentie, per quam vel quas prohibitum

sit a Rectoribus vel Consulibus ipsorum Artis, quod aliqui vel

aliquis ad certum modum et certam formam et certum precium

vendant, vel vendere debeant mercantias," ec. To which Guidotto

Canigiani added, that the signory should henceforward formulate

other articles, not so as to weaken the said provision, but

only to strengthen it more and more in the interest of the

guilds. And his amendment was approved together with the

provision itself (State Archives, Florence, _Provvisioni_,

Registro iv. c. 29). And on the 3rd of July, by reason of the

former amendment, the _priori_ of the guilds, together with the

other wise men consulted by them, decreed: "Quod nulli Consules

vel Rectores alicuius Artis, aut aliquis alius, vice et nomine

alicuius Artis, vel aliqua singularis persona alicuius Artis,

utatur aliquo ordinamento scripto vel non scripto, extra

Constitutum Artis approbatum per Comune Florentie, vel aliter

vel ultra quam contineatur in statuto talis Artis, ec.... Et

siqua facta essent in contarium vel fierent in futuro tacite

vel expresse, non valeant nec teneant ullo modo vel iure, sed

sint cassa et irrita ipso iure ec. Et quod nullus notarius

vel alius scriptor scribere debeat aliquid de predictis vel

contra predicta, et nullus nuntius vel alius precipiat aliquid

aliquibus artificibus contra predicta: sub pena Rectori et

Consuli contrafacienti auferenda librarum cc. pro quolibet et

qualibet vice; et Arti, librarum quingentarum; et sub pena

librarum centum pro quolibet, qui observaret talia ordinamenta

vel precepta prohibita; et sub pena libr. centum cuilibet qui

de predictis ordinamentis prohibitis faceret precepta Arti seu

artificibus alicuius Artis." This provision was to be read in

the captain's council every month and cried about the city.

(_Provvisioni_, Registro, iv. a. c. 30-31.)

NOTE C.

On the 31st of January (new style, 1291) a provision was

made, beginning with this singular proemium:--"Ad honorem,

ec. Ut cives et comitatini Florentie non opprimantur sicut

hactenus oppressi sunt, et ut hominum fraudibus et malitiis

que circa infrascripta committi solent, debitis remediis

obvietur et resistatur, quod quidem videtur nullomodo fieri

posse, nisi iuxta sapientis doctrinam, dicentis quod contraria

suis purgantur contrariis; ideoquo volentes lupinas carnes

salsamentis caninis involvi et castigari debere, ita quod lupi

rapacitas et agni mansuetudo pari passu ambulent, et in eodem

ovili vivant pacifice et quiete," ec.

It goes on to severely forbid that any one should dare

to: "aliquas litteras impetrare vel impetrari facere, aut

privilegium vel rescriptum, per quas vel quod aliquis vel

aliqui de civitate vel districtu Florentie citentur vel

trahantur ad causam, questionem vel litigium aut examen

alicuius indicis, nisi coram domino Potestate, Capitaneo et

aliis officialibus Comunis Florentie;" and that he who, having

falsified, did not cease from falsifying, when reprimanded,

and failed to pay damages and interest within three days, was

to be fined one hundred small _fiorini_, or more, according

to the judgment of the _Podestà_ or of the captain, or of any

other magistrate who had undertaken the prosecution. And if

any one sought to disobey or escape from the jurisdiction of

the magistrates, "teneantur Potestas et Capitaneus, qui de

predictis requisitus esset, condemnare patrem vel filium vel

fratrem carnalem vel cuginum ex parte patris vel patruum et

nepotes eius, ec., in dicta pena, et dictam condemnationem

exigere cum effectu, et etiam in maiori pena, ad arbitrium

eorum et cuiuscunque eorum, si eis vel alteri eorum videbitur

expedire. Et nichilominus compellat eos et quemlibet eorum

dare et facere tali contra quem dicerentur tales littere vel

privilegium vel rescriptum impetrata, omnes expensas quas

faceret vel fecissit, occasione predicta, credendo de predictis

expensis iuramento huiusmodi contra quem dicerentur predicta

vel aliquod predictorum impetrata."

Moreover, as we have said before, any one, who in the city,

Commune, or district of Florence, directly or indirectly

published such acts, together with the notary who wrote

them out, and the lawyer who defended them, was subject to

severe penalties. The Podestà and the captain could proceed

as they pleased against any one who, "audeat vel presumat

facere precipi eis vel alicui eorum, quod faciant aliquid vel

ab aliquo desistant, vel citari Potestatem vel Capitaneum

vel Priores vel Consiliarios vel aliquem officialem Comunis

Florentie, vel eorum offitia impedire vel retardare coram

aliquo vel aliquibus, ex autoritate aliquarum licterarum,

privilegii vel rescripti, vel ex auctoritate alicuius indicii

ordinarii, delegati vel subdelegati, vel vicarii." And as usual

the penalties could be applied to relations.

As it happened that many requested the support of civil

justice (_brachium seculare_) "in deffectum iuris et in

lesionem et in preiuditium personarum et locorum subdittorum

Comuni Florentie," ec., it was decreed that this support

should be given only when the suit was over, before competent

magistrates, and after it had been examined. If in this case

the magistrates refused, then action could be taken against

them. But otherwise, those who should demand an unjust

sentence were subject to penalties, together with their

relations, according to the first paragraph of this law. "Verum

si consanguineos, ut dictum est, non haberet, procedatur contra

bona talis pretentis brachium seculare, et contra inquilinos,

laboratores, pensionarios et fictaiuolos eiusdem potentis, et

illorum cuius occasione petitur, et ad alia procedatur, prout

ipsis dominis Potestati vel Capitaneo et Prioribus videbitur

expedire." Two other paragraphs follow, of which there are

ten in all, but at this point a gap occurs in the manuscript,

(_Provvisioni_, Registro ii. a. c. 175-177).

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The Two First Centuries of Florentine History The Republic and Parties at the Time of Dante. Fourth Impression. · 第 6 / 14 章