Chapter VIII: The Enactments of Justice.418 (2)

Having thus put an end to what seemed for the moment their wealthiest concern, the Florentines devoted more energy to the less important undertakings on hand. Various districts or castles, such as Poggibonsi, Certaldo, Gambassi, and Cutignano were reduced to submission. The Counts Guidi were deprived of jurisdiction over numerous domains in the upper valley of the Arno. Also possession was resumed of many others in the Mugello, which had been illegally usurped by the said Counts Guidi, the Ubaldini, and other powerful lords. A commission of three burghers of the lower class was then appointed to estimate all possessions appertaining to the city and its territory. These commissioners likewise cleared the lands of the St. Eustachio Hospital, near Florence, of many unlawful occupants, and put the estate under the direct protection of the Consuls of the Calimala Guild.[474] Another fact should also be noted, if only to prove what universal energy was displayed at this juncture by the Florentine people who, as Villani phrases it, "were heated with presumption and consciousness of power." A certain man fled to Prato after committing some crime, and was given refuge there. The Republic immediately demanded his extradition, and on Prato's refusal, sentenced the Commune to a fine of ten thousand _lire_ and the surrender of the criminal, despatching a single messenger with a letter to this effect. As the authorities of Prato were still recalcitrant, war was promptly declared, horse and foot called to arms, and the town was finally compelled to yield the point. "And this is how the hot-blooded Florentines managed their affairs."[475]

XI.

Just when all was safe and tranquil outside the walls, the worst of dangers began in the city. The nobles were determined to prevent the Enactments of Justice from taking effect, and accordingly contrived that after all attacks upon the people, the offenders should be cited before judges belonging to their own party. These conducted the trial to their advantage, and thus the Podestà, without being aware of it, punished the innocent instead of the guilty. For the nobles sheltered evildoers, protected their fellow associates, and on every attempt to enforce the law, did their best to raise riots. All these proceedings were fiercely combated by the people, under the guidance of Giano della Bella, who was always reiterating the cry, "Perish the city rather than justice!" Accordingly public feeling became so inflamed that the most sanguinary measures were threatened in retaliation on the nobles. The first family to incur the worst penalties decreed by the enactments were the Galli. One of that line having mortally wounded a Florentine merchant in France, their dwellings in Florence were demolished.[476] This instance easily prepared the way for sterner measures. The people clamoured for new and more vigorous sentences; therefore it was feared, says Compagni, "that were the accused left unpunished, the rector would be left to bear the brunt, and thus no accused person was granted impunity." The fury of the nobles reached its climax, and they complained, with some show of reason, that "if a horse at full gallop chanced to whisk its tail in the face of a _popolano_, or some one in a crowd pushed against another man's breast, or small children came to blows, there was no reason why their property should be ruined on such slender pretext."[477]

Accordingly they conceived the idea of conspiring to the bodily hurt of Giano, the ringleader and head of the people, and thus getting rid of him for ever. To compass his assassination seemed easy, by reason of his straightforward impetuosity and incautiousness. He had great influence over the populace, but even this was a point open to attack. As we have seen, the Lesser Guilds and the populace lived by petty industry and small trades carried on within the city; and their chief profits being derived from noble customers, the latter had much ascendancy over them and no few adherents in their ranks. Besides this, a certain amount of jealousy had already sprung up between the lowest class and the well-to-do burghers, who, being mainly concerned in the export and import trade,[478] were independent of the nobles, hated them, and sought their destruction. Nevertheless these burghers could not approve of Giano's attempts to rouse the ambition and increase the strength of the lowest class, which was disgusted at being excluded from the Government and yearning to have a share in it.

Another element of strife was soon to be introduced by the election of Pope Boniface VIII. (December, 1294). This Pontiff had an immoderate appetite for temporal power, and believed that owing to the interregnum of the Empire, its rights could now be assumed by the Papacy throughout Italy and Europe. He was particularly anxious to increase his power in Florence, the leading city of Tuscany, where his own predecessors had appointed Charles of Anjou to the post of imperial vicar. Therefore he quickly began to open negotiations with the nobles, whose present weakness increased their readiness to come to terms with him, and who would have willingly resumed the government of the city in his name, just as their Ghibelline ancestors had often held it in the name of the emperor. But this was naturally opposed by the burghers, who being determined, on the contrary, to maintain the liberty and independence of the Republic, could not, albeit staunch Guelphs, side with the Pope at that moment.

Secret intrigues between Boniface and the nobles were now carried on through the Spini, rich Florentine merchants, who, as bankers to the Curia, had agents in Rome. The first step hazarded was to call to Tuscany a certain Giovanni di Celona,[479] who was already on the march towards Italy with several hundred men, in response to a summons from the Pope and the nobles. The latter, intending to use his force for their own ends, had made him many promises, and with the concurrence, it would seem, of certain of the burghers. But the affair dragged, and men's passions were now outstripping the political manoeuvres employed to feed the flame. Accordingly, without further delay, it was decided to hatch a scheme for the murder of Giano della Bella. "The shepherd struck down, his flock will be scattered," so said the nobles.

Only, as it fell out, the party in favour of craft prevailed over the side preferring violence. At this moment frequent excesses, perpetrated by the people, remained unpunished through the pusillanimity of the judges. The butchers in particular, led by one Pecora, an audacious ruffian, who had publicly threatened the Signory, committed worse outrages from day to day. Hence, at the popular meetings frequently held by Giano, the nobles, knowing his love of justice, would whet his indignation by saying, "Dost not see the violence of the butchers? Dost not see the insolence of the judges, who, by threatening to punish the rectors when the time of investigation arrives,[480] wrest unjust favours from them? Suits are suspended for three or four years, and sentences never pronounced." Thereupon the loyal Giano would promptly reply, "May the city perish, rather than this state of things be continued! Let laws be framed to repress all this wickedness." And then the nobles would maliciously hasten to inform judges and butchers that Giano meant to crush them with new laws.[481] In pursuance of this cunning scheme, they suggested a law against exiles, in the hope of soon being able to apply it to Giano himself. It seems that he was on the point of falling into the trap, but received timely warning. So then, refusing to hear another word, either from friends or foes, he forbade that any law whatever should be proposed, and threatened his enemies with death. Accordingly the meeting only served to increase the general heat and ferment.[482]

The nobles were not to be checked so easily. Seeing that Giano still retained many friends, and that there was no hope of conquering by craft, they held a private sitting in the church of San Jacopo Oltrarno, to discuss what should be done; and violent measures were once more suggested. Giano's personal enemy, Betto Frescobaldi, the same who had once struck him in the face at San Piero Scheraggio, spoke to this effect: "Let us cast off this slavery; let us arm and rush to the Piazza; let us kill both friends and enemies of the popular class, as many as we find of them, so that neither ourselves nor our sons may ever be crushed by them." But the promoters of intrigue were again in opposition, and Baldo della Tosa replied very quietly, "The wise knight's counsel is good, but too risky, since, should the scheme fail, we should all perish. First let us conquer (our enemies) by cunning, and excommunicate them with soft words.... And when thus excommunicated, let us harry them in such sort that they can never lift their heads again."[483]

But quite suddenly a fitting opportunity for violence spontaneously arose. Corso Donati, one of the most powerful and arrogant of Florentines, induced some of his followers to assault Messer Simone Galastroni, and a riot ensued in which one man was killed and two wounded. Both sides laid complaints; but when the affair was brought before the judges charged to try the case, one of them, influenced by the usual party spirit, arranged that the notary should reverse the depositions of the witnesses. When the case, thus garbled, was brought before the Podestà, Giano di Lucino, he acquitted Donati, and condemned Galastroni. Thereupon the people who had witnessed the riot, and knew all the circumstances, rose to arms, shouting through the streets: "Perish the Podestà; he shall perish by fire!" They made for the palace, faggots in hand, to burn down the door, and expecting to be actively assisted by Giano della Bella. But, on the contrary, he sided with the magistrates, whose authority he invariably held in respect. Nevertheless, the door of the Podestà's palace was consumed, his horses and chattels were stolen, his men captured, and his papers scattered and torn. And as many persons knew him to possess indictments against them, they took care to destroy his official documents. He and his wife contrived to escape to an adjoining house, and obtained refuge there. Corso Donati, who was in the palace at the time, saved his life by flying from roof to roof.

The Councils assembled the next day, and for the honour of the Republic decided to restore all the Podestà's stolen property to pay him his salary and send him away. Thus order was re-established at once, but public feeling was still very inflamed, and the nobles saw that the moment for wreaking vengeance on Giano had finally arrived. In fact, some of the people were his foes, owing to the numerous calumnies purposely launched against him, and among others the charge of having promoted decrees to the hurt of the judges and butchers; some, again, were furious because he had sided with the Podestà, while others denounced him as the author of the riot. Accordingly, profiting by the general confusion and uncertainty, his enemies succeeded in obtaining the premature election of a Signory opposed to his views; and he was speedily cited before the new magistrates on the charge of having caused the disturbance. At this the whole city rose in tumult. Some desired his condemnation; but the populace hastened to assume his defence. Thereupon he decided to go away, and left Florence on the 5th of March, 1295, for he shrank from being the cause of civil strife, hoped that his departure would open the eyes of the wiser citizens, and that the latter would speedily procure his recall. However, in this his calculations were at fault, for he had many more enemies than he imagined. Accordingly he was sentenced in contumacy in the name of the enactments he had urged, and of which he was held to be the author. The Pope hastened to congratulate the Florentines, and Giano realised that his star had set. So, acting with his usual impetuosity, he unhesitatingly removed to France, where he possessed some share in the Pazzi bank, and died there in exile. His Florentine houses were demolished, his friends and relations condemned to punishment, but the Enactments of Justice long remained in force.[484] With regard to Giano, Villani remarks that "every one who became a leader of the people or the masses in Florence was invariably deserted." He adds that "on account of this novelty, there was great perturbation and change in the people and city of Florence, and that henceforth the artisans and populace had little power over the Commune; and that the government remained in the grasp of rich and powerful burghers."[485]

(_From early XIV. Century MS. in the Laurentian Library._)

[_To face page 475._]

XII.

These concluding words from the chronicle of a skilled observer such as Villani enable us to understand more completely the general character of the revolution described; for as this was the natural outcome of many preceding disturbances, its study throws a new light on earlier events.

When the Florentines succeeded in destroying the castles of feudal and Ghibelline nobles scattered over their territory, and in forcing the conquered to inhabit the city, the Republic became split, as we have seen, in two parties, constantly at strife: the one composed of Ghibelline lords, the other of Guelph _popolani_. When the Hohenstauffens of Naples and Palermo called all the Ghibellines of Italy to arms, the magnates of the party took the lead in Tuscany, with Frederic and Manfred to back them, again dominated Florence and drove out the Guelphs. But when the Swabians fell and were replaced by the House of Anjou, the Empire became weakened, and Italian policy took a new turn. The Guelphs once more triumphed in Florence, and the democratic element, already constituting the real strength of the State, wreaked vengeance on the Ghibellines, who seemed to be almost annihilated. Only as it chanced, at this moment, the Guelphs were split into two factions, the nobles on one side, the people on the other; and this division led to another and equally bitter struggle, undertaken for the purpose of crushing the magnates outright. Thus the latter were driven to crave admission to the guilds, to assume democratic habits, and even to discard their old family names, unless resigned to exclusion from the government. After a prolonged series of different legal measures and revolutions, the Enactments of Justice finally achieved the aim that the Florentine Republic had so long--and, indeed, from its birth--kept in view, namely, the triumph of democracy.

(_From an old MS. in the Laurentian Library._)

[_To face page 476._]

But the Republic comprised the populace as well as the people; and although both orders were united in fighting the nobles, they split apart as soon as their common victory was assured. Thus the party of the rich burghers, or Greater Guilds, gradually sprang into being. At first there were twelve of these guilds, and they seemed to be at one with the nine Lesser Trades, afterwards increased to fourteen; but, as time went on, these fell more widely apart from the remaining seven, and strictly Greater, Guilds, and began to struggle against them, thus constituting the party of the rich burghers or _popolo grasso_. The formation and successful career of this party, so long at the head of the Government, dates, as Villani tells us, from the defeat of Giano della Bella, whose downfall was caused by the temporary alliance of the nobles and the more powerful section of the people. The latter soon divided both from the nobles and lower class, was equally victorious over either party, and constituted one of the most energetic, sharp-witted, and intelligent democracies of which history has record. It comprised the richest and most vigorous section of the people, known for that reason as the _popolo grasso_, and gradually became master of the city. And albeit this state of things was a natural result of past revolutions, it was undoubtedly precipitated by the Enactments of Justice. These had been promoted by Giano, with the aid of the people, to be used as a weapon against the nobles. He fell a victim to the latter, when they hoodwinked the people by feigning to unite with them for the nonce. It was certainly altogether against his own will that Giano helped to promote the formation of a party, that, issuing from the wreck of the nobles and populace, finally excluded both alike from all participation in the government of Florence.

For a long time, at any rate, this party raised the power of the Republic to a very lofty height, and directed its policy for more than a century. The moment of its consolidation coincided with that in which Florence became the seat of Italian culture, and hence of the general culture of Europe. Nor is there any cause to be surprised by the vast intellectual, political, and moral success of the commercial democracy of Florence. In the days of the Hohenstauffen, the Italian aristocracy undoubtedly constituted the most cultivated and civilised part of the nation; all great political questions, and the great struggles between the Papacy and the Empire, in which the whole of Europe took so lively a share, were alike carried on by that class. The Court of Frederic II. had been the headquarters of those contests, and the most dazzling centre of mental light in the world at the time. The language spoken there was the language of courtiers; the Court was sceptical, and the first poets were princes or barons. The Emperor Frederic, his son Enzo, and his secretary, Pier della Vigna, gave voice to the first notes of the Italian muse. It was a privileged and limited order, in which literature and science still retained the characteristics of chivalry and scholasticism. In imitation of their French and Provençal masters, these poets lauded some imaginary woman or some fantastic and unreal love in obstinately artificial verse. They were never able to cast off mediæval and conventional forms. At the same time, however, the merchants and working men of our republics, more especially of Florence, were scouring the world, founding banks and business firms throughout the East and the West; they were studying jurisprudence, always and everywhere demonstrating a special aptitude for framing laws, creating new institutions, and directing vast concerns. By this means they acquired that practical knowledge of mankind and the universe, that sense of truth and reality, so entirely absent from pre-existent literatures, and precisely required to originate the first literature of the modern world.

Naturally, however, those merchants, solely versed in commerce and petty local politics, lacked the breadth and loftiness of thought, the mental culture and refinement needed to solve the hard problem without help. At the same moment, Florence, the most active and intelligent of Italian republics, was enduring the series of great and radical changes, already described, which after much sanguinary strife and a new rearrangement of social conditions, suddenly raised her to a truly fortunate position. Owing to her successes in war, Florence now commanded every highway of commerce, and, by the amazingly rapid extension of her trade, was enabled to acquire mighty and no longer contested preponderance in Tuscany and become its chief as well as its central city. The actual antagonism between the Pope and the Angevins, together with the altered conditions of the Empire, enabled her to steer cautiously between those rival powers and assume for the first time great and genuine political importance in Italy. Thus the extent of her concerns and the circle of her ideas were simultaneously enlarged. The two most intelligent and most hostile classes of her citizens, namely, the now powerful traders and the nobles now reduced to equality with them, became transformed and definitely fused in one class during the course of their fierce conflict, excluding, on the one hand, the lowest order of the people, and on the other, those of the nobles who, whether aspiring to absolute rule or obstinately clinging to feudal customs and the authority of the Empire, remained blindly opposed to municipal institutions which were nevertheless predestined to triumph. Need we then feel surprised if at this moment art and literature put forth their fairest blossoms, and in the life-giving air of freedom were seen to expand their leaves and shed their fragrance through the world? It is enough to read the records and glance at the laws of the Republic in order to discern that in the closing years of the fourteenth century a new spirit was stirring the people and a new sun, as it were, rising in the sky.

Every page of the chronicles records the undertaking of very important public works, the erection of city squares, canals, bridges, and walls. And simultaneously with these, the most enduring monuments of modern art were springing up from the ground. During the same period Arnolfo di Cambio worked on the Baptistery, began the church of Santa Croce, and, according to the chroniclers, received from the Signory a solemnly worded order to reconstruct the old cathedral from the foundations by erecting a new one "of the most magnificent design the mind of man could conceive, rendering it worthy of a heart expanded to much greatness by the union of many spirits in one."[486] Undoubtedly it was then that Arnolfo laid the first stone of the fane considered by many the finest church in the world. At the same time a great number of monumental buildings and public works were being also carried on: Santo Spirito, for instance, Orsammichele, and Santa Maria Novella. In 1299 Arnolfo likewise began the Palace of the Signoria, another marvel of modern architecture, that seems to be so thoroughly in character with the Republic and expressive of the youthful vigour then animating the Florentine people. In the same year the construction of new walls, suspended since 1285, was also resumed. And while churches, public buildings, and private palaces were rising on all sides, Giotto's brush was employed to cover their walls with a lavish profusion of lofty and immortal compositions; sculpture rivalled painting in decorating temples with imperishable works, and gave birth to the Tuscan school that was afterwards to culminate in Donatello, Ghiberti, the Della Robbia, and Michelangelo. What, too, are the names most frequently occurring in the records of those times, and amid the struggles promoting or following the Enactments of Justice? At every turn, among the Priors, the Gonfaloniers, and ambassadors, or at hot debates in council, we meet with Dante Alighieri, Brunetto Latini, Giovanni Villani, Dino Compagni, and Guido Cavalcanti, the creators of Italian poetry and prose. The Divine Comedy bristles with continual allusions to the events, amid which it was conceived, and which all seem to be informed by the same spirit, since, even in a thousand varying garbs, it always asserts its identity. Therefore the Enactments of Justice are neither the work of a single individual, nor suddenly improvised by Giano della Bella, but rather the outcome of many revolutions: a body of statutes proving and explaining the definite form and character of the Florentine Republic. The same character, albeit less splendidly displayed, appertained in varying degree to the other Italian communes. But of them all Florence was ever the most original and brilliant example.

NOTE TO CHAPTER VIII.

At this point it is necessary to allude to a question that has recently arisen concerning the Enactments of Justice. Signor Salvioli and Prof. Pertile, when describing certain Bolognese statutes of 1271 for keeping the nobles in check, took it for granted that the Florentine enactments of 1293 had been copied from those. But the Bolognese statutes of 1271 having never been unearthed, the hypothesis met with little favour. When Prof. Gaudenzi edited the "Ordinamenta sacrata et sacratissima" of Bologna in 1282-84 (Bologna, the Merlani Press, 1888), he noted their marked resemblance to the Enactments of Justice of 1293, and considered it to be beyond a doubt that the latter had been derived from the former. Indeed, he went to the point of asserting as a fact "Che in genere i rivolgimenti e gli ordini di Firenze non furono che l'imitazione di quelli di Bologna" (Preface, p. v.).

The decided injustice of this last assertion has been already pointed out by Dr. Hartwig, in his recent precious work on Florentine history ("Ein Menschenalter Florentinische Geschichte, 1250-1293" (Freiburg, 1889-91), extracted from vols. i., ii., and v. of the "Deutsche Zeitschrift für Geschichtwissenschaft"). For in truth Florentine laws and institutions issue very directly from the history of Florentine society and Florentine revolutions, which are very different from those of Bologna.

As to the other question, that is, whether the Florentine enactments, of 1293 were really derived from the Bologna statutes of 1282, I feel considerable doubt, and believe that no definite solution can be reached until fresh researches in the Florence Archives have corroborated the result of Prof. Gaudenzi's studies of Bolognese documents. Meanwhile I need merely remark--That the people's struggles with the magnates, and the harsh and often cruel laws promulgated against them, were not exclusively confined to Florence, but incidents of very common occurrence in the history of our communes. Notwithstanding many points of general resemblance, these conflicts and laws varied very much in different communes. Hence, in order to prove to what extent the Bolognese enactments served as models for those of Florence, it is not enough to compare the two codes and note their respective dates. As plainly proved by the events we have related, and additionally confirmed by all the later researches of Hartwig, Del Lungo, and Perrens, the Florentine ordinances are found to be a synthesis of other and much earlier laws against the nobles, and sometimes literal reproductions of them. The enactments themselves quote a law of 1286 frequently mentioned by historians, and, as we have seen, even the "Consulte" of 1282 refer to an earlier law against the nobles. These anterior laws are the veritable source of the Florentine enactments, which, however, are not solely designed, like the Bolognese ordinances, for the repression of the nobles, but to promote the transfer of the government to the Greater Guilds, a change already inaugurated in Florence as far back as 1250. It is this double purpose that constitutes their specific character. It behoves us to unearth more of these laws in the Florence Archives and collate them with those of Bologna before deciding that the Enactments of Justice, so peculiarly connected with the whole course of Florentine history, were mere copies of the Bolognese ordinances. Professor Gaudenzi's publications do honour to his historical research. But I venture to repeat that, in my opinion, the question cannot be really settled without fresh investigation of the Florentine rolls. This task is now being carried on by Signor Salvemini, and I hope that he may make some new and profitable discovery. The problem is interesting enough to claim solution.

DOCUMENTO.[487]

V.

In nomine domini amen. Liber defensionum et excusationum Magnatum Civitatis et comitatus Florentie, qui se excusare volunt a satisdationibus Magnatum non prestandis, receptarum per me Bax. de Amgnetello notarium nobilis Militis domini Amtonii de Fuxiraga de Laude, potestatis Florentie.

In anno currente Millesimo ducentesimo ottuagesimo septimo.

Ad defensionem

Absoluti { Dardoccii quondam domini Uguicionis } de Sachettis
{ Manni fratris sui } producta fuit
intentio singnata per Credo (_sic_), et ad ipsam probandam
producti fuerunt infradicti testes.

Baldus Brode populi sancti Stephani de Abatia, iuratus die suprascripta de veritate dicenda, et lecta sibi intentione per me Bax., dixit quod bene vidit dictum Dardocium et Mannum eius fratrem facere artem cambii in Civitate Florentie, iam sunt xx anni, et ab eo tempore citra, et credit eos fecisse. Set propter guerram et brigam quam nunc habent, predicti fratres Dardocci non tenent tabulam in mercato, set stat in doma sua, et ibi facet (_sic_) artem canbii. Interrogatus si ipsi palam tenent banchum et tapetum ante dischum domus sue sicut faciunt alii campsores, respondit non, quia est consuetudo prestatorum et non campsorum tenere tapetum. Interrogatus, dixit quod predictus senper cotidie exercuit.

Lapus Benvenuti qui vocatur Borrectus populi sancti Petri Maioris iuratus die suprascripto (?) ut supra, lecta sibi intentione per Be., dixit quod ipse testis est consocius predictorum Dardoccii et fratris in arte canbii; et vidit dictum Dardoccium et fratrem dictam artem in civitate Florentie continue [exercere], et predictum Mannum vidit in Borgongna facere dictam artem per decem annos et plus, quibus stetit in Borgongna; set dixit quod predictus Dardocius[488] propter guerram quam ad presens habet, non audet uti ipsa arte in mercato sive in pubblico, set ea continue utitur in domo sua, et vidit ipse testis; et vox et fama est in populo dictorum fratrum et in civitate Florentie, quod ipsi fratres fuerunt et sunt campsores.

L. S. Ego Ruffus Guidi notarius predicta ex actibus Communis
Florentie exemplando transcripsi, pubblicavi rogatus.