Note 126 — Chapter II · THE ORIGIN OF THE FLORENTINE COMMUNE.82

In a sentence given on December 30, 1172, we find seven Consuls named, a judge in ordinary, and three proveditors. The Consuls instal the judge, "huic missioni in possessum auctoritatem prestans." This document and many similar ones are in the Florence Archives, Curia di S. Michele. Some have been printed separately by Prof. Santini, in pt. ii. of a volume soon, we hope, to be given to the world. We call the reader's attention to the fact that we quote from his work not only with regard to documents which are still inedited, but also touching those already edited by other writers, because we know that he has carefully collated all with their originals. In his forthcoming work he will probably indicate which documents were discovered by himself, which simply reproduced. Vide Santini, pt. ii. doc. i. In October, 1181, three Consuls preside "super facto iustitiae, nominatim in mense octobris." The judge Restauransdampnum confirms the sentence (ibid., doc. ii.). There are other documents to the same effect, though we also sometimes find two Consuls for one month. On January 27, 1197, there are two Consuls of justice for January and February (Santini, pt. ii. doc. ix.), and so on for some time, two Consuls for two months. On February 28, 1198, the two Consuls are judges by profession; but, nevertheless, the assistance of a judge in ordinary—one Spinello Spada—is still required (ibid., doc. x.). This is an additional proof that the Consuls of justice did not exactly fulfil the function of real judges. From 1201 downwards we find one Consul of justice per totum annum (ibid., docs. xiii., xv.).