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The Two First Centuries of Florentine History

Chapter V · FLORENCE THE DOMINANT POWER IN TUSCANY.299 (continued 2)

Linda Villari translation

After humiliating the two hostile cities of Arezzo and Pisa, the Florentine Republic had overthrown the Ghibellines and assured the triumph of the Guelphs throughout Tuscany, and thus gained almost unlimited influence, both political and commercial. Hence there was a vast and rapid increase of prosperity. Great festivities and banquets were held in all the wealthiest houses, and palace courtyards, covered with silken canopies and draped with gorgeous stuffs, served as places of entertainment for the citizens. In token of rejoicing the womenfolk paraded the streets wearing garlands of flowers. Nevertheless, there was a general wish to continue the war, in the hope of completing the overthrow of the two most powerful Ghibelline cities. This, however, was no easy task.

In 1289 there were fresh skirmishes between the Guelphs and Ghibellines, although none of any importance. The Florentines made several attempts to capture Arezzo by force and by fraud, but always in vain. In November they had contrived a secret arrangement by means of which it was hoped to surprise the city. A decree was suddenly issued summoning all able-bodied men to assemble outside the walls before a candle lighted at one of the gates should have time to burn down. The army thus hastily gathered made a forced march on Arezzo; but the treason plotted there had been already discovered: a dying man, rumour said, having revealed it to his confessor. At any rate, the army was obliged to withdraw from a bootless errand.

In the June of the ensuing year, 1290, the Florentines resumed the campaign with an army of 1,500 horse and 6,000 foot, furnished by the League. Surrounding Arezzo, they devastated the territory within a circuit of six miles, for the space of twenty-nine days, but without achieving any farther result. At that period all cities were fortified, and before the invention of gunpowder siege operations had no chance of success, save by treason, against a resolute defence. Now, too, the Florentines were trying to carry on a double campaign, against Arezzo on the one hand and Pisa on the other. In fact, presently leaving three hundred horse and a considerable number of foot soldiers to garrison the neighbouring strongholds, they transferred the rest of the army from the Upper to the Lower Val d'Arno, to act against Pisa.

In the preceding year, aided by Florence and the League, Lucca had taken the field with four hundred horse and two thousand foot, in order to carry on the war with Pisa, while the Florentines were busied with Arezzo. This force encamped before Pisa, and, according to usage, held races there; harried the territory for twenty-five days, captured the Castle of Caprona, and made several assaults on Vico Pisano, but achieved no farther result. Now, in 1290, the Florentines resumed the attack in combination with all the great forces of the League. And while this army was making a general attack by land, the Genoese fleet swooped down on the coast with deadly effect. Leghorn and Porto Pisano were taken, the four towers guarding the harbour were thrown into the sea, and the Meloria lighthouse destroyed in the same way, together with its keepers. Before setting sail the Genoese blocked the mouth of the harbour by sinking four ships laden with ballast, and demolished all warehouses and palaces. But the havoc wrought by land was confined to the destruction of crops and the demolition of petty strongholds. Meanwhile the Pisans made a brave resistance on all sides. Guido di Montefeltro, their captain, used his newly invented troop of light horse to excellent effect against the Tuscan infantry of the League and the heavy cavalry in its pay. By his successful sallies he repeatedly achieved a bloody revenge for past losses. In December, 1291, the Pisans marched on the Castle of Pontedera, and finding it slackly defended, accomplished its capture, and shortly afterwards stirred the Castle of Vignale to revolt against San Miniato. Thereupon the Florentines decided on sending an army to provoke a fresh engagement; but the expedition was too long delayed, and the troops had hardly started before torrents of rain inundated the country and compelled them to retreat.

Military operations now slackened more and more, for mischief was brewing in the city, and all men foresaw that worse troubles were at hand. Therefore, although urged to resume hostilities by their valiant and energetic leader, the Judge of Gallura, the Florentines so sorely needed tranquillity that they finally concluded a treaty of peace at Fucecchio on June 12, 1293. According to its stipulations, all prisoners of war were to be released; no duties were to be levied on inhabitants of the communes of the League in passing through Pisa, nor on Pisans passing through the said communes. The office of Podestà or Captain of Pisa was only to be held by a member of the League, and it was expressly forbidden to confer that post on any rebel or adversary of the said League, or any scion of the Montefeltro house. Further, Count Guido, the brave chief who had shown so much energy and daring in defence of the Pisan Republic, was to be dismissed, together with all the foreign Ghibellines; and twenty-five citizens of the best Pisan blood were to be given in hostage to secure the due observance of the terms. Such was the reward of the veteran leader's fidelity and heroism! On being paid off, he entered the council chamber, and after reproving the ingratitude of the Pisans in dignified words, took his leave without expressing any wish for revenge. Yet, being still in command of an experienced army devoted to himself, vengeance lay in his power, had he chosen to follow the fashion of the times. Another clause of the treaty provided that the descendants of Count Ugolino and the Judge of Gallura should be freed from outlawry and reinstated in all their possessions.329

X.

From this moment the Florentines devoted their chief attention to the affairs of the city, although these had not been altogether neglected, even during the last wars. Continual improvements had been made in the administration of the Republic, and in many respects it was a model administration, while there was also a notable increase of commerce, trade, and wealth. At the same time many public works had been completed under the direction of the famous architect Arnolfo di Cambio, the creator of some of the grandest public buildings in Florence. He planned the alterations for the enlargement of the city, first undertaken in 1285, and afterwards built the third circuit of walls, the which work was also superintended by the celebrated chronicler Giovanni Villani. It was likewise by Arnolfo's care that the Loggia of Or' San Michele, then used as a corn market, was built in and paved, the Piazza dei Signori supplied with a pavement, and the Badia embellished and restored. Folco Portinari, the father of Dante's Beatrice, founded, at his own expense, the church and hospital of Santa Maria Nuova. The Piazza of Santa Maria Novella was laid out, and many other public works of a similar kind were begun.330

Meanwhile political reforms were uninterruptedly carried on, and among them the notable measure passed in 1289, reducing the Podestà's term of office from twelve to six months.331 The post was then conferred on Rosso Gabrielli of Gubbio, a city supplying many Podestàs and Captains of the people not only to Florence, but to all parts of Italy. At that period Romagna, Umbria, and the Marches seemed to be a nursery of these dignitaries, the inhabitants of those provinces being not only well trained to arms, as is proved by the horde of captains and soldiers of adventure they sent forth, but also well versed in the legal lore of the neighbouring university of Bologna. This reduction to six months of the Podestà's tenure of office was not long maintained, but had been decreed for the same motives as the change of Signory every two months. The power of a magistrate authorised to administer justice, in command of the army and invariably escorted by a body of armed followers in his private pay, might be easily transformed into a formidable despotism, as several Italian republics had already found to their cost. Hence it was endeavoured to avert this danger from Florence by changing the magistrates so frequently as to allow no time for hatching plots against the Commonwealth, or forming a party whose adherence could be counted on for any length of time.

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 CCo LXXXVIIIo 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).

Illustration from The Two First Centuries of Florentine History The Republic and Parties at the Time of Dante. Fourth Impression.

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