Читать книгу The Two First Centuries of Florentine History - Pasquale Villari - Страница 14

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It was long believed that Florence had had Consuls, and consequently an independent government, from the year 1102, since Consuls are mentioned in a treaty of that date, whereby the inhabitants of Pogna swore submission to the city. But it was difficult to reconcile this fact with the clearly proved dependence of Florence on Countess Matilda at the time. It was afterwards ascertained that the document in question bore a wrong date, and that the correct one was 1182, when the submission of Pogna really took place. Accordingly, the independence of the city was transferred to after 1115, the year of the countess's death. But it was still difficult to explain the wars previously carried on by the city on its own account, and other events of a like nature. The fact is that no fixed year can be assigned to the birth of the Florentine Commune, which took shape very slowly, and resulted from the conditions of Florence under the rule of the last dukes or marquises. We have already recorded the popular riots of 1063–68 against the bishop Mezzabarba, when accused of simony, and we have related how they ended with the ordeal of fire, braved by Pietro Igneo in 1068. On this head we have cited the letters of St. Pier Damiano addressed civibus florentinis. We also referred to a document83 in which the clerus et populus florentinus made appeal to the Pope, and, in narrating what had occurred, mentioned a municipale praesidium, a praeses of the city, and a superior potestas. This proved, before all, that the civic body of the period was already conscious of its personality, and that there was already an embryo local government within the city walls. Doubtless the supreme potestas was the Duke Goffredo, husband to Beatrice; the praeses, his representative in Florence. It was before him that, as we have seen, the bishop threatened to drag his adversaries, whose property was to be confiscated should they persist in disobedience. This preside commanded the praesidium, designated municipal even before the municipality had come into being, and at least the name shows that the majority of the praesidium must have consisted of citizens. But all this makes it equally plain that, while Florence was still an integral part of the margraviate, Roman forms, traditions, and ideas already prevailed there to the extent of assigning Roman names to institutions of feudal origin. We must pause to consider this fact, since it gave rise to a question, not only of form, but of genuine historical importance.

A ROMAN HYPO-CAUST, PARTLY CONSTRUCTED.

EXTERIOR VIEW OF CALIDARIUM AND FURNACE.

[To face page 85.

The employment of Roman terms need cause little surprise when we remember that the study of elementary Roman law, as well as of rhetoric,84 the ars dictandi then formed part of the Trivium, and was therefore widely taught in Italy. In the first half of the eleventh century a still more advanced study of law already flourished at the school of Ravenna, and as its influence increased, extended through Romagna into Tuscany. This system of law seemed to spring to life again spontaneously from the midst of Latin populations, with whom it had never entirely died out, and now in its new vigour brought modifications and changes into the different institutions and legislations with which it came in contact.85 In fact, in the sentences pronounced by Beatrice and Matilda, we find occasional quotations from the Digesto, or Code, that, according to the procedure of the time, was carried to the tribunals by those basing their rights on its clauses.86 The works of St. Pier Damiano afford satisfactory proof that the Florentines pursued the same study, and set great value on Roman law. The saint mentions a juridical dispute of the Florentines, regarding which, towards the middle of the eleventh century, they had asked the opinion of the sapientes of Ravenna, who, much to his own disgust, presumed to alter the prescriptions of canonical law on the authority of the Digesto. Among those wise men, he adds, the most impetuous and subtle chanced to be a Florentine.87 Another proof might be deduced from the remark previously made by Ficker,88 namely, that the courts held in Florence and its territory were seldom attended by the Romagnol assessors, or causidici, frequenting other Tuscan tribunals. This would seem to imply that in this respect Florentines had no need to recur to Romagna. Later—that is towards the end of the century—the school of Irnerius (Werner) began to flourish at Bologna, the which school aimed at an exact reproduction of Roman law and promoted its genuine revival. But at the time of which we speak the Ravenna school represented, on the contrary, a continuation of the ancient jurisprudence, partly decayed and partly changed by the diverse elements of civilisation in the midst of which it had survived, and in which it was now producing radical changes.89 One of these changes—leading to very remarkable consequences of a political as well as a legal kind—took place in the constitution and attributes of the margravial tribunal.

We know that Matilda, after the fashion of her predecessors, administered justice in the name of the Empire, presiding in state over the tribunals. Indeed, this was one of her chief functions. Some sentences given by her have survived, and serve to show us how her tribunal was composed. Certain high feudatories had seats flanking her throne; next came the judges, assessors, pleaders (causidici), and witnesses, and lastly, the notary. Prof. Lami has observed that the judges, and more particularly the assessors, were changed as the countess moved from city to city, which would prove that not a few of them were inhabitants of the towns wherein they administered justice.90 In fact, what names do we find among them in Florence? Those of the Gherardi, Caponsacchi, Uberti, Donati, Ughi, and a few others.91 These were already the first and most influential citizens, the boni homines, the sapientes, the men we afterwards find officiating as Consuls. Thus there were certain families who first formed part of the margravial tribunal, and were afterwards at the head of the Commune.

Political changes were facilitated and prepared by a juridical change, followed by the increased action of the revived Roman law. What was the nature of this change? The exact definition of the functions respectively assigned by the Germanic code to the president of the tribunal who gave sentence, or to the judges who led up to the same by administering the law, had been gradually lost sight of. Sometimes the countess pronounced sentence without the aid of judges; but more often they conducted the trial, applied the law, and formulated the verdict, to which the countess merely gave assent. Thus, as Ficker states, her office was reduced to that of a passive president.92 This is confirmed on seeing that tribunals sometimes sat in her absence, when the trials were entirely managed by the judges. A method of this kind once adopted, Matilda's grave and numerous affairs of State, together with the continual warfare in which she was involved, must have augmented the number of the cases settled by local judges. This must have been a matter of weighty importance at a time when the administration of justice was one of the principal attributes of political sovereignty. Hence these citizen tribunals are a precursory sign of civic independence before the Commune had asserted its real autonomy and individual position. The strange dearth of documents certifying that any tribunal in Florence was presided over by Matilda during the last fifteen years of her life, serves to confirm our remarks. A similar fact is also verified in the Tuscan cities remaining faithful to the Empire; for these too had tribunals in which justice was administered, not by feudal potentates, but by citizens invested by the emperor with judicial authority.93 These, too, served as a preliminary to communal independence, although hardly forming, as some thought, its actual beginning.

DESCENT TO A ROMAN WELL.

Discovered beneath the Campidoglio, Florence

[To face page 89.

It is certain that in this and other ways, during the contest between Henry IV. and Matilda, many Tuscan cities, siding either with the Empire or the Church, and therefore highly favoured by the one or the other, were able to achieve a commencement of freedom. After Henry IV. had defeated Matilda near Mantua in 1081 he granted large privileges to Pisa and Lucca, in return for their proofs of goodwill to his cause. In a letter patent issued at Rome June 23, 1081, he not only guaranteed to Lucca the integrity of its walls, but also authorised it to forbid the construction of any castles in the city or territory within a circuit of six miles, and promised to exempt it from building an Imperial palace. He likewise declared that no Imperial envoy should be sent to give judgment in Lucca, but made a reservation in case of the personal presence there of the emperor, or his son, or his chancellor. In conclusion, he annulled the "evil customs" (perverse consuetudini) imposed by Bonifazio III.94 to the hurt of Lucca, and granted it full permission to trade in the markets of San Donnino and Capannori, from which he expressly excluded the Florentines. This final clause not only proves the hostility of the Empire to Florence, but the importance the latter's trade must have assumed by that time. In the same year Pisa received a patent guaranteeing the maintenance of its ancient rights, and Henry declared that no Imperial envoy belonging to another territory should be sent to plead suits within the walls, or within the boundaries of its contado. And, what was still more to the point, he also declared that no marquis should be sent into Tuscany without the consent of twelve buoni uomini chosen by the popular assembly, summoned in Pisa by sound of bell.95 Here, if no Consuls yet appear on the scene, we already find their precursors in these worthies, or sapientes, elected of the people, and we have already a popular assembly. Even though the Commune be still unborn, its birth is now, as it were, in sight. Further (provided nothing was interpolated in the document), it is most remarkable to find the appointment of an Imperial margrave subject to the sanction of the people. There is also a hinted desire—unattainable during Matilda's life—to assume the government of the margraviate in person; after her death an attempt to this effect was actually made, but, as we shall see, with very brief and partial success.