Chapter V: Florence the Dominant Power in Tuscany.299 (3)

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).