Читать книгу The Two First Centuries of Florentine History - Pasquale Villari - Страница 20

Table of Contents

It is certain that Florence now had a separate government under Consuls of her own, although there is no documentary proof to this effect earlier than 1138. Sanzanome, however, makes explicit allusion to it at the time of the Fiesole campaign, when, as we have seen, war was declared by the Consuls. But what was the real nature and origin of this new magistracy? Formerly it was opined by many writers that the Consuls were an institution derived in general from the judges of older days. In Lombardy they would have been merely another form of the Frankish scabini, and accordingly in Florence it was natural to suppose them to be an altered survival of those judges of the margravial tribunal to whom, for some time before her death, Matilda had accorded the right to give sentence. But this view can be no longer maintained, since it does not comprise the whole truth of the matter. For even when the Consuls are seen in the exercise of their functions, what are they, what do they do, according to chronicles and documents? They conduct wars, conclude treaties in the name of the people, of whom they are the representatives; they govern the city; they administer justice. And at Florence, as elsewhere, the latter is only one of their duties, and only undertaken by them because so closely connected with the exercise of the political power that is, above all, their genuine and principal function. Besides, what was it that really led to the birth of the Florentine Commune? What save the lack of the higher political authority hitherto ruling Tuscany, and the necessity of making war against old and new foes! Accordingly the military and political elements unavoidably prevailed.

We are further confirmed in this idea by examining the constitution of the Consular bench. At first it would seem that all or some of the Consuls presided without distinction, while later, three members were chosen in turn, and entitled Consules super facto iustitiae, or even Consules de iustitia, to preside for one month; at a still later date two Consuls presided for a term of two months, and finally, after the nature of the primitive government has been changed, we find a single Consul acting as president throughout a whole year.126

They might be, but were not necessarily, legal experts, since they only pronounced and confirmed the judgment decided upon without either preparing or formulating it. This duty fell to a real iudex ordinarius pro Comune, together with three proveditors or provisores, who examined the case and wrote the sentence. The Consuls merely sat as presidents of the tribunal, and when, as sometimes occurred, they failed to appear, the tribunal acted on its own account. Therefore their office was practically the same as that of Countess Matilda herself—i.e., to represent sovereignty without filling the place of judges.127

The real nature of the new government will be best understood after investigating the different elements of the civic body from which that government was necessarily evolved. As we are aware, there were two leading classes and interests dividing the city between them—that is, the trade guilds, and the associations of worthies, or of the Towers. In numerical strength the people had greatly the advantage; but the worthies (grandi) were far more cultivated, trained to arms and politics, and already somewhat versed in the art of government. Therefore, the Consuls were recruited from this class, and at first always chosen from so small a number of families, that the office appeared to be almost an hereditary one. The misfortune of Florence, as indeed of all the other communes, Venice excepted, was that the grandi were never agreed among themselves. Feudal nobility in Italy resembled an exotic plant transferred to uncongenial soil. Elsewhere, being of German origin, it formed part of an entire political system; it was under the orders of the emperor to whom it adhered; it had certain heroic qualities; it created a special form of civilisation, and a literature that flourished in France and Germany, but it never throve in Italy, and in Tuscany least of all. Our feudal lords, being solely dominated by personal interests, leant on the Empire, the better to combat the Pope; on the Pope, to combat the Empire; on the one or the other indiscriminately to combat the cities. Even on Florentine territory the same thing continually occurred. The grandi established within the city walls were, it is true, of a very different temper, and much nearer to the people, whose life they shared; but they comprised very discordant elements; for whereas some of these grandi had risen from the people, others were descended from feudal houses, with whom they maintained friendly relations and on whose aid they could rely. Thirst for power was a speedy cause of division among them, and the ease with which one party gained favour with the working classes, while the other was backed by the nobles of the contado, fostered the growth of civil strife. Then, later on, as more nobles deserted their castles for the city, a regularly aristocratic and Ghibelline party was formed in opposition to the Guelph and popular side. This point, however, was still far removed, for the common necessity of making head against the baronage of the contado long prevailed over all other interests, since the very life of the Commune was involved in that struggle.

All that we have so far related serves to show with increasing clearness that two quite distinct classes of citizens already existed in Florence—namely, that of the people or trades (arti), and that of the worthies (grandi). Had the new government been evolved from the trades alone, it would have assumed a form constituted on the basis of a trade guild. Had it issued from the grandi alone, it would have given rise to a regional and local constitution, corresponding with the sestieri of the city over which their abodes were scattered. In all Italian communes this double tendency is to be found. In Rome the constitution by districts, or rioni, prevailed; while at Florence, after a time, the constitution by guilds obtained in consequence of the enormous prosperity of commerce and industry in that city. Meanwhile, however, the moral predominance of the grandi and the pressing exigencies of war favoured a division of the city in sestieri, whereby the first assembling and organising of the army was greatly facilitated. It was for this reason that the Consuls were elected by their respective sestieri.128 That the grandi were already organised in "Societies of the Towers" there is written evidence to prove. A document of 1165 alludes to these societies as having been in existence for some time,129 and the parchments of the Florence Archives comprise actual fragments of their statutes dated only a few years later on.130 The "Tower" was possessed in common by the partners or associates, and no share in it could be bequeathed to any one outside the society, or to any member elected by less than all votes save one. Women were naturally excluded. The expense of maintaining and fortifying the Tower, which always communicated with the houses of neighbouring members, and served for their common defence, was divided among them all. Three or more rectors, also sometimes called Consuls, managed the society, settled disputes, and named their own successors. These rectors and their companions are the men we now find at the head of the government; and there is clear documentary evidence that the Consuls of the Commune were almost invariably chosen from families belonging to the Societies of the Towers. When, too, we observe that some of them were occasionally nominated Consuls of the guilds,131 as Cavalcanti, for example, and several others, we gain an undoubted proof of the friendly terms preserved, as we have previously noted, between these nobles and the people. The societies were organised somewhat after the fashion of the guilds, by which they may have been originally inspired, and were not on a strictly feudal basis.132

Had the more aristocratic Uberti achieved sole predominance in the city, things would have assuredly taken a different turn; but these patricians were compelled, although reluctantly, to yield to the force of events frequently opposed to their views. In fact, they were seldom Consuls before the year 1177, when, after exciting a genuine revolution, they were more frequently named to that post. This confirms the fact of their previous defeat in 1115. The consular government had then fallen into the hands of several noble families on good terms with the people. And it was the popular voice that prevailed in the assemblies where all the chief questions and interests of the State were decided.

The Consuls133 were elected at the beginning of the year, two for each sestieri. At least, this seems to have been the ordinary number, although we cannot be quite certain, since the number was not invariably the same. Two of the twelve, chosen in rotation, acted as heads of the college, and were styled Consules priores. For this reason the chroniclers only mentioned two Consuls as a rule, and sometimes one alone. In documents two, three, or even more are mentioned, but always as representing the rest of their colleagues, whose names are often added. Most rarely and only at exceptional moments do we find record of a higher number than twelve.134 Then perhaps because the retiring Consuls continued in office with the new ones for a few days, or from some other passing cause that is unknown to us. Such variations are not surprising if it is kept in mind that the constitution of Florence, being then in course of formation, must have been liable to uncertainty and change, as will often be seen further on.