Chapter XXVII: Appendix: II

CONSTITUTION OF FLORENCE IN THE FIFTEENTH AND SIXTEENTH CENTURIES.

I. Based on System of _Guilds_ (since 1282), cf. Von Reumont, Lorenzo de Medici, vol. i. pp. 15 and 67. Villari, _Florence_, p. 312 ff.

Seven Greater Arti = Popolo Grasso.
Fourteen Lesser Arti = Popolo Minuto.

Each with its Council, Consuls, and Proconsuls. Number of eligible citizens (Statuali), some 5000 out of 100,000.

II. Executive.--The _College,_ composed of Signory and Collegi--_I tre Maggiori_ (offices).

(1) _Signoría_ appointed for two months. Its members (unpaid with exception of its Secretary, and Chancellor), lived in Palazzo Publico at public cost.

Powers.--(_a_) Initiation of Legislation.
(_b_) Supreme Executive power.
(_c_) Right of summoning a Parlamento.

Members.--A. _Gonfalonier of Justice_ (first instituted 1293), must
be forty-five years of age and a member of one of Arti
Maggiori. Presided over all Councils--and could call out the
Militia. Originally elected by the Councils, but subsequently
appointed by lot. Cf. below.

B. _Eight Priori._--Two from each quarter of the city
(originally elected by the Arts), must be thirty years old and
members of a guild (six from Arti Maggiori, two from Minori since
1345). Each Prior presided with Gonfalonier for three days, and
could put any measure to the vote if Gonfalonier refused. (‘Il
proposto.’)

(2) _The Colleagues_ (_Collegi_).

(_a_) Twelve _Buonuomini_ (nine from greater, three from lesser
Arts). These acted as a Privy Council and check on the Signory.

(_b_) Sixteen _Gonfaloniers_ of the sixteen militia companies (four
from each quarter of the city), under the _Capitano del Popolo_.

(_c_) Nine assessors of the Priors.

A permanent paid Secretary called ‘Second Chancellor.’

_Exceptional. Capitani di Parte Guelfa._--These instituted in 1297, for protection of city against Ghibellines, were continued long after danger had passed away. They were from three to nine in number, elected for two months, and empowered to administer proceeds of confiscated property of Ghibellines exiled or condemned, and as these sums were large the Capitani undertook the maintenance of fortresses and defences and public buildings.

By Law of 1358 all who held or had held office might be accused openly or secretly before the Capitani as being no genuine Guelph. No witnesses for defence allowed--and if the accusation was supported by six witnesses worthy of belief the accused could be condemned to fine or death, without appeal.

By the end of the fourteenth century, however, this tyrannical organisation had somewhat lost its power.

III. Foreign Affairs were in hands of--

(1) Dieci di Guerra--called later Dieci di libertà e Pace--first appointed 1423.

(2) Two Councils, which considered the bills concerning foreign affairs before they went to the ordinary Councils.

(_a_) _Consiglio del Dugento._--Two hundred of those who had held
the highest offices of State.

(_b_) _Consiglio Centotrentuno,_ 131 (the Signory, Captains of
Guelph Party, Ten of War, Councils of craftsmen, Consuls of Guilds,
and forty-eight citizens).

IV. Legislation after 1328.

A Law approved by the College went to--

1. The Two Councils of the Capitano del Popolo.

(_a_) Consiglio di Credenza or del Cento, 100 officials of guilds,
sometimes called Senate, often disregarded. Cf. Nardi, 1, 4
(b). Symonds, _Age of Despots_, p. 530.

(_b_) Consiglio del Popolo, 300 originally chosen from the greater
Arts--later from others as well, renewed every four months.

2. The Two Councils of the Podestà.

(_a_) A special Council of 90.

(_b_) The larger Consiglio del Podestà or del Commune, some
390. This contained judges and law officers (and therefore nobles,
since nobles could hold these offices), as well as popolani, and
were renewed every four months.

Finally, a law having passed these Councils had to be submitted to a General Council of them all.

The Signory and the colleagues _ex officio_ were members of these Councils.

_System of voting._ By ballot. Black and white beans. Black = yes, white = no. ⅔ of black beans necessary to carry a question.

Tenere le fave or il partito = To vote no.
Rendere le fave or il partito = To vote yes.
L’autorità dei sei fave = Majority of ⅔ in Signory.
(6 out of 9.)
Il piu della fave = ⅔ of votes.

V. Justice.

=1.= _Court of Capitano del Popolo_--a paid officer--must be a foreign noble and lawyer. Exercised summary criminal jurisdiction, especially over Plebs.

=2.= _Court of Podestà_--a paid officer--must be a foreign (Italian) noble and lawyer. Exercised higher civil and criminal jurisdiction.

=3.= _Executor of Justice_--a paid officer--must be a popolano and a Guelph and a foreigner. Exercised summary jurisdiction, especially over nobles.

All these held office for six months.

=4.= _Casa della Mercatanzia._ A tribunal for decision of Commercial Cases, which also acted as a Board of Trade.

=5.= _Otto di Balía e Guardia_, nominated by Signory, held office for four months.

A court of appeal from Court of Podestà and with powers of police.

The Signoria and the Otto had power to execute, banish, or imprison any citizen.

VI. Mode of Appointment to Chief Magistracies.

Originally elected by the Councils, but subsequently this replaced by system of ‘lot.’

For each office a purse (borsa), was formed every three or five years of all citizens eligible to said office, and names were drawn out of this purse.

In case of Priors, fifty wax balls, each containing eight names (six from Arti Maggiori, two from Minori), were put in the purse, and then a ball was drawn out.

_Eligibility_ (Benefiziati, the Eligible).--This was decided by a Squittino (Scrutiny) conducted by a board--and persons could be considered ineligible ‘messo a sedere,’ for the following reasons (the disenfranchised 9000 out of 100,000):--

=1.= (_a_) _Grandi._--By Ordini della Guistizia, 1293, nobles could
not be members of the Signoria or of the Collegi or of
Consiglio del Popolo until 1434, when Cosimo allowed them to
enter Guilds.

(_b_) The Plebe or Ciompi, all not members of Guilds.

(_c_) Inhabitants of Contado, country districts.

=2.= _Ammonito._--’Warned’ for any political offence, _e.g._ being a
Ghibelline, and denounced by the Capitano del Parti Guelfa;
disqualification for life or shorter time. This system carried to
great extravagance. ‘Hast thou no enemy? Consent to admonish mine
and I will do the same by thine.’ Cf. Napier, ii. 235.

=3.= _Moroso di Specchio_ (mirror).--One who had not paid his
taxes. (_Netto di Specchio_, freed from this ineligibility.) By law
of 1421, taxes must have been paid for thirty years by self, father
and grandfather.

=4.= _Divieto_ (prohibited).--Even after names were drawn a man
might be disqualified because he or a relation had recently held
office--’veduto ma non seduto.’

The members of the board bound to secrecy, but

(1) As the period for which the purses had been made up drew to its
close, it became possible to guess who would be the coming
magistrates, and there were charlatans who pretended to foretell
this.

(2) The members of the boards of scrutiny were bribed to divulge the
names who would be drawn.

_Legalised Revolution._--At times of crisis the Signoria would
summon a Parlamento nominally of the whole citizens, but generally
only of party adherents, who granted exceptional powers (Balía) to a
certain number of citizens.

The _Balía_ (1) could alter the constitution.
(2) Appointed Accopiatori (couplers or joiners) who
selected those eligible to office, and sometimes
nominated the officials, _i.e._ appointed ‘a mano’
instead of ‘a sorte.’

In 1459 (under Cosimo) a council of 100 was instituted to elect the
Accopiatori.

Florence enjoyed political, but _no_ civil liberty.

(1) Powers of magistrates unchecked.
(2) No appeal from Law Courts. Arbitrary Jurisdiction.
(3) No liberty of Press.

CHANGES IN THE CONSTITUTION.

_N.B._ Signory lasted till 1530.

I. Under Lorenzo.

1472. Burd, _Machiavelli_, 81, 85, 89; Perrens’ _Histoire de Florence,
Depuis la domination des Médicis_, 1, 362, 445, 523; Armstrong,
_Lorenzo de’ Medici_.

Arti reduced to 12 by suppression of 9 Arti minori.

1480. After Pazzi Conspiracy.

_Consiglio de Settanta_ (College of 70), appointed by Signoria
with power to fill up its own vacancies from those who had held
office of Gonfalonier.

_Its work_ (_a_) To permanently nominate to offices (a mano).

(_b_) Appoint the _Otto di Pratica_ which superseded
the old Dieci di Libertà e Pace.

This College, originally appointed for five years, was
continually reappointed.

In 1490. This College intrusted some of its powers to a smaller
Committee of 17, of whom Lorenzo was one; and this Committee

(_a_) Appointed Accopiatori to nominate to offices.

(_b_) Supervised every branch of administration.

II. 1494. Savonarola’s Reforms. Cf. Burd, p. 94. Guicciardini, _Storia Fiorentia_, iii. 120. Villari, _Savonarola_, p. 257. Perrens, ii. c. 3. _Cambridge Mod. Hist._, vol. i. p. 158.

(1) Temporary.--A Parlamento summoned, who appointed 20 Accopiatori (_Governo de’ Venti_). These filled up magistracies for the year and prepared a Squittino for the future.

(2) Permanent.--Constitution formed in imitation of Venice. Consiglio del Popolo and del Commune and Parlamento abolished.

=A.= _Consiglio Generale_, or Maggiore, formed of all eligible
‘benefiziati’ citizens (all those of age of 29 whose father,
grandfather, or great-grandfather had been veduto _or_ seduto for
one of three greater offices, about 3000). But if the number of the
‘benefiziati’ exceeded 1500, they were to be ‘sterzati,’ _i.e._
divided into 3, and ⅓ of the whole number were to form the Consiglio
for 6 months. A small number of citizens, above age of 24 and
otherwise qualified, were admitted, and each year 60 eligible but
neither veduto nor seduto might be elected if they received
two-thirds of votes.

=B.= _Consiglio degli Ottanta_, a Senate elected out of and by
Consiglio Generale for six months, must be 40 years of age.

The Senate was to advise _The Signory_ (which remained as before),
and elect ambassadors and commissioners to army.

The Consiglio Generale was

(1) To elect to magistracies by a complicated system of voting and
selection by lot. Cf. Guicciardini, _Storia Fiorentina_, iii. 125.

(Subsequently the system of direct appointment by lot was again
introduced. Cf. Guicciardini, iii. 155, 203, 235.)

(2) To hear criminal appeals from the Signory and Otto di Balía.

(3) To pass laws. The President _Il Proposto_, one of the Signory,
changed every third day, laid the law before the Signory and the
Collegi. If they approved it might be submitted to a _Practica_ of
selected members of the Consiglio d’Ottanta. Thence it went
before the Ottanta, and then to the Consiglio Generale. Here laws
could not be discussed, though Signory might call on some one to
speak in support, but were voted on.

=C.= Dieci di Libertà e Pace (called also Dieci di Balía), again
restored in place of the Otto di Pratica. The Signory, the Courts of
the Capitano and of the Podestà, the Mercatanzia, and the Otto di
Balía remained as before. The Dieci di Pace e Libertà restored.

In 1498. The Courts of the Podestà and the Capitano del Popolo were restored.

This Government lasted till 1512, with these exceptions:--

(i) In 1502.

(_a_) The Gonfalonier to be elected for life, by a double system
of nomination and election. Piero Soderini elected. (Guicciardini,
iii. 281; Villari, _Life of Machiavelli_, ii. 102; Perrens,
_Hist. Flor._ ii. 408.)

(_b_) Courts of Podestà, of the Capitano del Popolo, and of
Mercatanzia abolished. Instead, the _Ruota della Justizia_
composed of five Doctors of Law with civil and criminal
jurisdiction. These to be foreigners elected by Signory and the
College for three years, and paid, one of whom was to be
Podestà. The Mercatanzia, however, continued as a Board of Trade.

(ii) 1506. A militia instituted at suggestion of Machiavelli.

All males from 15--50 years of age to serve, but only from the
city and country district (contado) of Florence. Not from her
subject cities. (Burd, 126.)

The militia placed under a new board of nine, _Nove della
Milizia_, which however was under the Dieci di Libertà e Pace in
time of war.

III. 1512. Return of Medici.

The constitution restored as it was before the revolution of 1494, although nomination to offices lay practically in hands of the Medici, Giuliano, and Lorenzo. (Burd, 145, 148.)

IV. 1527. Re-establishment of the constitution of Savonarola, 1494, except that Gonfalonier was to be elected for 13 months.

V. 1530. Final overthrow of the Republic. Perrens, _Hist. Flor._, iii. 368.

Alessandro de Medici appointed Grand Duke.

12 Reformatori elected in a Parlamento to ‘reform’ the State.

1. Signory abolished.

2. A Council of 200 elected for life.

3. A Senate of 48 elected for life from the 200, with powers of
legislation and taxation, and appointment to offices.

4. A Privy Council of four Councillors elected for three months by
12 Accopiatori chosen out of the Senate.

These with the hereditary Grand Duke fulfilled duties of the
Signory.

The Otto di Pratica }
The Otto di Guardia } to be nominated by the Senate.
The Buonuomini }

All distinction between higher and lower ‘arti’ abolished.

The offices paid.

TAXATION.

See Napier, iii. 117. Von Reumont, i. 30. Ewart, _Cosimo de’ Medici_. Armstrong, _Lorenzo de’ Medici_.

I. Indirect Taxes. Import and Export Duties. Monopoly on Salt.

II. On Real and Personal Property.

III. _Prestanze._--Forced loans on the estimated property. In theory these were to be repaid and interest paid meanwhile, but this was rarely done (‘tenere i luoghi’ (shares) = to withhold the payment of interest), so much so that most took advantage of the law, that where the amount did not exceed two golden florins they might pay one-third down and forfeit all claim to interest or repayment.

The system led to great abuse. The influential got repaid, not so the poor. Hence speculators connected with Government bought up claims on the State for small sums, and then got the loan refunded.

The Assessment (estimo) of citizen’s property for II. and III. was originally managed thus--

=1.= A Balía appointed who assigned to each ward their _quota_.

=2.= In each ward. Seven Boards of seven each (Sette Settine) made
seven schedules of assessment on the citizens according to their
idea of the property of each individual.

=3.= These seven schedules were sent to some of the best reputed
monasteries, which rejected the four schedules which differed most
widely, and then, adding up the amounts assessed to each taxpayer by
the three remaining schedules, divided the total by 3.

But under this system numerous exceptions had crept in; indeed, the rich were largely exempted on the plea that they served the State by taking office.

Hence the reform of the _Catasto_, 1427 (_Accatastare_, to heap up). A valuation made every five years of all property subject to taxation. (Lands, movables within or without city, rents, profits of business.)

From this sum capitalised at the rate of 7 per cent., _i.e._ 7 florins income = 100 florins capital, deductions for necessary expenses were made. The remainder, which was looked upon as a surplus, was liable to be taxed either for direct tax or for loans at the rate of ½ per cent. on the capital.

From the time of Cosimo the Assessment was made by officials instead of representative Committees, and the principle of graduation was introduced. This became perpetual in 1480, when the tax was thrown on land only at 1/10th of annual value (the _Decima Scalata_). In 1482 the tax on movables and professions (_Arbitrio_) was reintroduced.

Under Savonarola, 1494, the system of graduation was abolished and the Decima was levied on land only, but shortly after the old system was re-established.

In 1503. The Arbitrio, a tax on Professions established.

IV. Poll Tax from 1¼ to 4¼ florins per head between ages 17-70. In cases of large young families only one member taxed.

Subject Towns and Districts of two kinds.

=1.= _Somissio_ by conquest or compact. The relation of Florence to
these differed; but, generally speaking, the Podestà was appointed
by Florence, and an appeal lay to Florentine Courts, while the
dependent city kept its own government and laws, and more or less
freedom of taxation.

The trade relations were peculiar. Both mother city and dependent
cities maintained protective duties against each other.

=2.= _Accomandigia._--Under a Protectorate, the town then called
_Raccomandato_. This did not amount to much more than acknowledging
the Florentine supremacy, and following her lead in war.[86]

Causes of instability of Florentine Government--

1. Conflict between idea of equality and desire of families to rule.

2. Jealousy of the Executive.

3. No adaptability in the Constitution.

4. Weakness and partiality of Justice.

5. Taxation the sport of parties, except when regulated by the
Catasto, and that only for a short time.

6. Turbulent character of its citizens.

7. Oppressive government of its subject cities.

FOOTNOTES:

[86] Guicciardini in his _Ricordi_ says: ‘The subjects of a Republic
are in worse case than those of a Prince. A Republic grants no
share of its grandeur to any but citizens of its chief city
while oppressing others. A Prince considers all equally his
subjects.’