1 Originally published in the Milan Politecnico, March, 1866.

2 "Lettres sur l'hist. de France." close of Letter xxv.

3 See, for example, Goro Dati's "Storia di Firenze."

4 Since this paper first appeared many important researches have been made on the origin of Florence and its Commune, particularly by Professor D. O. Hartwig, of whose estimable work we shall speak later on. Several general histories of Florence have also been published, of which the more noteworthy are the "Storia della Repubblica di Firenze," by the Marquis Gino Capponi (Florence, Barbera, 1875, 2 vols.), and "L'Histoire de Florence," by Mons. Perrens (Paris, 1877–90, 9 vols.), both to be mentioned farther on.

5 At the time when this sentence was written Malespini was held to be anterior to Villani, and the latter his plagiarist. Later, the contrary was proved by Scheffer-Boichorst, many of whose arguments admit of no reply. But Marchese G. Capponi refused to be convinced, on the strength of certain indications establishing, as he thought, that Malespini had written at an earlier date than Villani. Later again the diligent researches begun by Professor Lami confirmed the fact that Malespini's work is a compilation, chiefly, from Villani, and perhaps, though only here and there, from some other chronicler of possibly earlier date. The latter hypothesis would explain the deductions of Gino Capponi.

6 Published in Florence, 1838, 2 vols., at "The Sign of Dante" printing office. See also Gervinus, "Geschichte der florentinischen Historiographie." Frankfurt, 1833.

7 Capellæ, "Commentarii," of which eleven editions appeared between 1531 and 1542. Ranke, "Zur Kritik neurer Geschichtschreiber." I may now add that in my opinion Ranke was exaggeratedly hostile to Guicciardini, whose historic merits are proved by documentary evidence. Vide my work on Machiavelli, end of vol. iii.

8 Here allusion is made to Capponi's "History," which was still unpublished at the time.

9 Vide "Discorso Storico," chap. i.

10 Gino Capponi, "Lettere sui Longobardi."

11 Everything connected with the division of the land has been the theme of much dispute, both in Italy and abroad. It was learnedly treated by Troya, in his work on the "Condizione dei Romani vinti dai Longobardi"; Capponi and Capei discussed it with much subtlety in their "Lettere sui Longobardi" (appendix of the "Archivio Storico Italiano," vols. i. and ii.); so too Manzoni, Balbo, &c. The question turns on the interpretation of two passages in "Paulus Diaconus." The passage alluding to the first division made, when the Longobards seized one-third of the revenues of the land, is clear enough: "His diebus multi nobilium Romanorum ob cupiditatem interfecti sunt. Reliqui vero per hospites divisi, ut terciam partem suarum frugum Langobardis persolverent, tributarii efficiuntur." But the other is much less clear, and has been variously interpreted. This is the reading most generally adopted: "Hujus in diebus" (i.e., in Autari's reign) "ob restaurationem Regni, duces qui tunc erunt, omnem substantiarum suarum mediatatem regalibus usibus tribuunt; populi tamen agravati per langobardos hospites, partiuntur." But a tenth-century version, in the Ambrosian Codex, runs as follows: "Aggravati pro Longobardis, hospitia partiuntur." The division of the land (hospitia), and not of the fruits of the land, would seem more clearly indicated in this second reading, accepted by Balbo. Prof. Capei, on the other hand, while accepting the first reading, asserts that the word partiuntur should be interpreted in an active sense. The conquered divided their lands with their conquerors, and therefore were oppressed (aggravati), being compelled to yield one-half of their estates, but they had at least the advantage of retaining the other half in their own possession.

12 Among other authorities, vide Gino Capponi, note to doc. 3, vol. i. of the "Archivio Storico Italiano."

13 Codex 772 of the Vatican Palatine Library, containing the so-called Lombard collection of Longobard laws. The discovery of the Florentine annals on the back of sheet 71 is owed to the librarian Foggini. He communicated his find to Professor Lami, who published part of the fragment, with notes. The whole was afterwards edited by Professors Pertz and Hartwig, and finally Professor C. Paoli issued an exact photo-type of the fragment in No. 1 of the "Archivio paleografico Italiano," edited by Prof. Monaci, of Rome.

14 This is a codex from Santa Maria Novella, now No. 776, E. A. (Suppressed Monasteries section), of the Magliabecchian Library. It consists of forty-six records, part of which (the first twenty-five, down to the year 1217) were published by Fineschi in his "Memorie Storiche degli uomini illustri di S. M. Novella," vol. i. pp. 330–332.

15 D. O. Hartwig, "Quellen und Forschungen zur Altesten Geschichte der Stadt Florenz." Part i. of this work was published in Marburg, 1875; part ii., containing both series of annals, at Halle, 1880.

16 First published by Fineschi (op. cit., vol. i. p. 257) and afterwards by Hartwig (ii. 185 and fol.), with many notes and additions. Some new names of Consuls are contained in the so-called "Chronicle" of Brunetto Latini, to be mentioned later on.

17 One was discovered by Pro. C. Paoli in the Laurentian Library, Codex xxviii. 8, vide his paper "Di un libro del Dr. O. Hartwig," in the "Archivio Storico It.," tom. ix., anno 1882. Other copies were discovered by the late Prof. Lami, who intended to mention them in an essay on Malespini.

18 Discovered, but not published, by Follini, the editor of Malespini, in a codex of the Magliabecchian Library at Florence, shelf ii. No. 67.

19 In the Archives of Lucca, in a codex of the Orsucci Collection, O. 40.

20 This date (Hartwig i. 64) is not found in the Latin version, which is consequently held to be of earlier date.

21 "Appendice alle Letture di famiglia," vol. i. Florence: Cellini, 1854.

22 Hartwig, "Quellen und Forschungen," etc.

23 Vide Professor Santini, in pt. i. doc. 18 of his forthcoming work, gives a document dated June 14, 1188, with the signature, "Ego Sanzanome index et notarius." In the Acts of the Tuscan League of 1197 (Santini, vol. i. 21, p. 37) we find the name of "Sanzanome de Sancto Miniato" among the signatures following that of the Consul of San Miniato.

24 Professor Paoli makes the same statement in his before-mentioned work. The Codex in question is the Magliab.-Strozz., Cl. xxv. 571. The "Gesta" were published about the same time by Hartwig (op. cit.) and by the Tuscan "Deputazione di Storia patria" (Cellini, 1876).

25 Just at this point there are several gaps in the Codex.

26 Vide Weiland's edition in the Mon^ta.-Germ^a. xxii. 377–475, and the same editor's remarks in the "Archiv. der Gesellschaft für ältere deutsche Geschichte," vol. xii. p. 1 and fol.

27 Ciampi, the editor of one part of it, and Scheffer Boichorst in his "Florentiner Studien."

28 Prof. Santini, who gave much attention to the subject, discovered in Florence twelve copies of Martin Polono, and three of its translations, all of the fourteenth century. Other copies have been found since by Prof. Lami.

29 "Impressum Florentiæ apud Sanctum Jacobum de Ripoli, Anno Domini mcccclxxviii." Other editions were produced in the sixteenth century. Prof. Santini has discovered three fourteenth-century MSS. of this work in Florence.

30 The Naples Codex is marked xiii.-F. 16. A similar codex of the fifteenth century, carried down to the death of Henry of Luxemburg, is in the Laurentian-Gaddiano Collection, cxix.

31 In pt. ii. of his "Quellen," &c., where these extracts are given under the title of "Gesta Florentinorum und deren Ableitungen und Fortsetzungen."

32 In mentioning certain Saracen nobles, sent as prisoners that year alla Chiesa di Roma, he adds: "et io gli viddi" ("and I beheld them").

33 It comes down to 1303, but the concluding paragraph seems to be written by a later hand. But the preceding paragraph narrates events of 1297, and Brunetto Latini certainly died before then (1294).

34 Florence National Library, cl. xxv. Cod. 566.

35 This has also been clearly proved by Prof. Santini's numerous verifications.

36 Two very short records, or rather notes, were added by another hand where the gap occurs, namely: "Pope Adrian V., born of the Fiesco family of Genoa, 1276, reigned as Pope thirty days; the Chair vacant twenty-eight days. Pope Innocent VI. elected, who came from Portugal." The second note is certainly erroneous. Innocent VI. (Etienne d'Albert) was a Frenchman of Limousin birth, and was raised to the Papacy in 1352. But Adrian's successor was John XXI., a Portuguese. The author mistook Johannes (probably written in an abbreviated form) for Innocentius, XXI. for VI. Even in other chronicles the two records stand together, and almost in the same words, but without the same blunder.

37 Codex Laur. Gadd. 77. On the back are these words: "Cronica romanorum Pontificum et Imperatorum." This title explains the connection of the Chronicle with Martin Polono, and why the MS. so long escaped the researches of students of Florentine history. The work of Professor Santini from which we have quoted being an essay sent in for his B.A. examination, was discussed at the Istituto Superiore, and an account given of it in the "Arch. Stor. It.," Series iv. vol. xii. No. iv. p. 483 and fol., 1883. The paper itself has remained unpublished, as Alvisi's discovery made its demonstrations superfluous. Santini regarded the Chronicle as one of great importance, since it records the names of certain consuls, omitted in all the others, but contained in newly discovered documents, now in type, and forming part of the work that will soon, we hope, be published by Signor Santini.

38 Baluzio Manzi, "Miscellanea," tom. iv. This Orsucci Codex, in the Lucca Archives, has been very minutely described by Hartwig (vol. i. xxx. and fol.), who, as before mentioned, brought out the Italian version of the legend he had extracted from it.

39 VIII. 36.

40 I. 1.

41 VIII. 36.

42 In the Acta Sanctorum.

43 "L'estoire de Eracles empereur, et la conqueste de la terre d'outremer (Receuil des historiens des Croisades)," translated into Latin, Greek, German, Spanish, Italian. For the sources consulted by Villani, vide Busson, "Die florentinische Geschichte der Malespini" (Innsbrück, 1869), and Scheffer-Boichorst, "Die Geschichte Malespini, eine Fälschung," in his "Florentiner Studien."

44 Vide Paoli's article on Hartwig's work.

45 "II y en eut (des consuls) tout au moins en 1101." And after quoting the document he adds this note:—"Devant de fait si positif, il serait oiseux de S'arrêter aux conjectures des auteurs même presque contemporains," p. 209.

46 Perrens, pp. 152–4.

47 Borghini, "Discorsi," vol. ii. pp. 27 and 93. Florence, 1755.

48 The ninth and last volume is now published, and extends to the fall of the Republic (1530–32).

49 Concerning the numerous errors contained in this first volume, Dr. Hartwig has written at some length in Sybil's "Historiche Zeitschrift," vol. iii. No. 3, anno 1868. Of the other volumes nothing need be said at this point.

50 Servius writes, in his Commentary on the Ænead (bk. iii. v. 104): "Dardanus Iovis filius et Electrae, profectus de Corytho [Cortona], civitate Tusciae, primus venit ad Troyam." And farther on (Com., bk. iii. v. 187), he says that "Dardanus et Iasius fratres ... cum ex Etruria proposuissent sedes exteras petere ecc." In tracing the genealogy of Æneas, he begins thus: "Ex Electra Atalantis filia et Iove Dardanus nascitur." This must have partly inspired the legend, although, according to the latter, Electra is the wife of Atlas and the daughter of Jove. Vide Hartwig, vol. i. xxi.

51 Even Brunetto Latini, in bk. i. of his "Tesoro," makes the Catiline legend relate to the origin of Florence, records the great slaughter occurring at the battle wherein Catiline was routed, and also the subsequent pestilence. "E per quella grande peste di quella grande uccisione, fu appellata la città di Pistoia" (bk. i. chap. 37, in the vulgate of Bono Giamboni). The principal authorities for the historical information in the "Tesoro" are Dictys of Crete, and the "De excidio Troie," attributed to Dares the Phrygian. Undoubtedly the latter is also one of the sources of our legend. Vide Thor Sundy, "Della vita e delle opere di Brunetto Latini," translated, with many additions, by Prof. R. Renier. Florence: Le Monnier, 1884.

52 The "Libro fiesolano" styles them Africans instead of Franks, una compagnia venuta d'Africa, as elsewhere, instead of Ottone or Otto, it says Ceto, a blunder also found in the MS. that was printed. The blunders probably originated from some ignorant copyist of the legend, and were frequently repeated by later scribes. John of Salisbury ("Polikratikus," vi. 17, edit. Giles), in mentioning the cities built by Brennus, according to history, repeats the same story of Siena contained in the legend. He remarks that all this is not real history, sed celebris traditio est, adding, however, that tradition is confirmed by the fact that in their constitution, beauty and customs, the Siennese resemble "ad gallos et Britones a quibus originem contraxerunt." John of Salisbury's words are also recorded by Benvenuto da Imola in his Commentary on the "Divina Commedia," where he mentions that Dante intended to allude to this resemblance ("Inferno," xxix. 121) in the lines:

Boccaccio's "Commento" gives the same explanation of these lines.

53 The Latin compilation says: quingentos annos et plus; the Italian, and more modern versions, merely say, "five hundred years."

54 Even history tells us that Totila was in Tuscany towards the middle of the sixth century.

55 "Libro fiesolano", chap. xv.

56 This is also mentioned by Hartwig, i., xxiv., and fol.

57 The first to note this was Hegel: "Ueber die Anfange der florentinischen Geschichtschreibung," in Sybel's Historical Journal, No. 1, anno 1876.

58 Chaps. xvi. and xvii. of Follini's edition.

59 Villani, i. 41.

60 Villani, iii. 3.

61 Vide G. Rosa, "Delle Origini di Firenze," in the "Archivio Storico Ital.," Series iii., vol. ii. p. 62 and fol. Hartwig, op. cit., and Milani, "Scavi di Mercato Vecchio," in the "Notizie degli scavi nel mese d' Aprile, 1887, Atti dell' Accademia dei Lincei."

62 In digging a sewer in the street called Borgo dei Greci, in 1886, the discovery was made in Professor Milani's presence, "at the depth of about three metres beneath the street level, and exactly beneath the pavement of the first circuit of the Amphitheatre, ... of a half asse onciale, weighing 12 grammes 25, undoubtedly coeval with the construction of the Florentine Amphitheatre. This kind of coin assuredly dates from 89 B.C., and was issued after the Plautian-Papirian decree reducing the weight of the aes from 1 oz. to ½ oz. The aes cut with a chisel were only in currency for a short time, and were withdrawn when the new coins were issued. Accordingly they must have ceased by the date of the second triumvirate (43 B.C.), when the aes was further reduced to the third of an ounce. We may therefore accept the conclusion that the Florence Amphitheatre was of the Sullian period. Opposed to this conclusion is the fact that, according to the report of Dione (li. 23), the first stone amphitheatre built in Rome was that of Taurus, dating from anno 30 B.C. But recalling how Cicero accused Sulla of having wasted treasures on magnificent buildings, exactly when he was under Fiesole, one is justified in assigning the construction of the Florence amphitheatre, and also of that of Pompei, to Sulla's day. Likewise the basements of the Tuscanic columns, found in situ near the Amphitheatre, and some architectural fragments discovered in 1887 on the south side of Santa Maria del Fiore, confirmed the opinion that some of the chief public buildings of Florence were connected with the times of Sulla and also with the last days of the Republic." (From a letter by Prof. Milani addressed to myself.)

63 The inscription (now lost) beginning thus: "Col[onia] Iul[ia] Aug[usta], Flor[entia]", should be differently interpreted, according to Mommsen, as referring to Vienne in Dauphiny. Vide "Hermes," 1883, p. 176 and p. 180, note 1. Prof. Milani takes the same view regarding the new and important inscription recently found in the excavation of the Mercato Vecchio, containing the following words:

Vide "Scoperte epigrafiche nel Centro di Firenze," in the "Nazione," April 15, 1890.

64 Milani, "Relazione degli scavi," &c.

65 Villani, ii. 1 and 2, and also the "Chronica de Origine Civitatis."

66 Ibid., ii. 1, 2, 3.

67 Vide Hodgkin, "Italy and her Invaders," vol. iv. p. 446 and fol.

68 Lami, "Lezioni," pt. i. p. 293. From a document also quoted by Maratori and Tiraboschi, it would seem that Florence was included, as it were, in the city of Fiesole; and therefore some of the Florentine churches were described as being in Fiesole. Vide also pt. ii. p. 429 of the same work.

69 This is described in detail by Lami, Borghini, and Hartwig.

70 Villani, iii. 3.

71 Ibid., iv. 1.

72 Lami, "Lezioni," at preface to pts. cvi.-viii; Hartwig, i. 85, 86.

73 Villani, iv. 6.

74 Villani, iv. 7.

75 It is related by St. Pier Damiano in the letter quoted farther on.

76 Petri Damiani, "Epistolarum libri viii." Parisiis ex-officina nivelliana, 1610, vide p. 727. The epistle (p. 721 and fol.) is addressed: "Dilectis in Christo civibus florentinis, Petrus peccator, monachus, fraternae charitatis obsequium."

77 Tocco, "L'Eresia nel Medio Evo," bk. i. chap. iii. pp. 207–228.

78 Passerini, "Arch. Storico Italiano," New Series, vol. iii. pp. 43, 44; Perrens, i. 85 and fol.; Hartwig, i. 88, 89; Capecelatro, "Vita di S. Pier Damiano," bk. vii. two vols. Florence: Barbera, 1862.

79 "Ad hec ille se inquit, neutrum jubere, neutrum velle, neutrum recipere. Quin etiam edictum a Preside per legatos suos impetravit, ut quicumque laicorum, quicumque clericorum se ut episcopum non coleret suique imperio non obediret, ad Presidem victus non duceretur, sed traeretur: si quis autem his minis territus, de civitate fugeret, ad dominium Potestatis assumeretur quicquid possedisset." Thus runs the letter dated Millesimo lxviii idus februari, and beginning, "Alexandro prime sedis reverentissimo, ac universali episcopo, clerus et populus Florentinus sincere devotionis obsequium." It was repeatedly, but incorrectly printed (vide Brocchi, "Vite di Santi e Beati," p. 145. Florence, 1742; "Acta Sanctorum," iii. luglio, pp. 359, 379), in the two lives of St. G. Gualberto; included in the Laurentian Cod. xx. 22, in sec. xi. The letter placed at the end of the Codex itself is written in a different and somewhat later hand; but, according to the opinion of Prof. Paoli, who examined it at my request, the writing has every characteristic of the eleventh century, "and could not possibly be of later date than the first half, or rather first quarter of the twelfth century." It more resembles a narrative in an epistolary form than a genuine letter. The title given it in the Codex also supports this view: "Incipit textus miraculi quod Dominus," &c. We shall have to recur to the subject later on.

At any rate, it is plain that the Potestas above-mentioned has no relation with the Podestà of a later period. Here the term signifies superior authority—i.e., that of the Duke Goffredo. The Preside I consider to mean Goffredo's representative in Florence. Both are old-fashioned, rhetorical terms, similar to those afterwards employed by Sanzanome.

80 The same letter, after narrating how certain persons, having taken refuge in an oratory, were threatened with expulsion, "extra Civitatem pellerentur," unless they made submission, also adds that those persons refused to obey. "Hincque factum est ut ... municipal. presid ... illos extra emunitatem oratori ... eiceret." The two abbreviated words in the Codex were printed in many different ways, changing the verb and often altering the whole phrase, to the reader's great confusion. Several colleagues I have consulted agree with my view, that the words should be rendered municipale praesidium.

81 This description is also taken from the same document.

82 The Nuova Antologia of Rome, June 1, 1890.

83 In the Laurentian Codex previously referred to.

84 Rhetor was then synonymous with causidicus.

85 Ficker's work pays great attention to this point, and is also treated by Fitting. Vide "Die Anfänge der Rechtsschule zu Bologna." Berlin and Leipzig, 1888.

86 "Lege Digestorum libris inserta, considerata." So styled in a placito of 1076, pronounced by an envoy of Beatrice at Marturi, near Poggibonsi ("prope plebem Sancte Marie, territurio fiorentino"), where the presence is also noted of Pepone, the precursor of Irnerius (Werner). A Florentine, who was contesting certain lands with the monastery, adduced the temperis praescripto, on the authority of the Digest, that, according to the legal custom of the time, he produced in court. Vide Fitting, op. cit., p. 88. Zdekauer, "Sull' Origine del manoscritto Pisano delle Pandette Giustiniane." Sienna: Torrini, 1890. In a document of 1061, treating of a dispute between two Florentine Churches (vide Della Rena e Camici, vols. ii. 2, p. 99), we find "Indices secundum romanae legis tenorem, utramque ceperunt inquirere partem." According to Ficker, the judges in question were Florentines: "und zwar schienen das die gewöhnlichen städtischen Iudices von Florenz zu sein." Ficker, iii. par. 469, at p. 90. Goro Dati, a chronicler who died at the beginning of the fifteenth century, stated in his Chronicle that the Florence notaries were the best reputed of all, although the most celebrated doctors of law were those of Bologna. Vide Dati, "Storia di Firenze," Florentine edition of 1735, at p. 133.

87 Petrus Damiani, "De parentelae gradibus," in his "Opera, Opusc, viii," chaps. i. and vii. He combats here the opinion expressed by the sapientes of Ravenna, in contradiction to the canonical law, as to the degrees of relationship prohibiting marriage. Touching a wise man he asserts to be a Florentine, he adds: "promptulus cerebrosus ac dicax, scilicet acer ingenio, mordax eloquio vehemens argumento."

88 Ficker says, in mentioning the before-quoted document of 1061: "Diese Romagnolen scheinen nun weiter kaum nur zufällig zu Florenz gewesen zu sein."

89 As regards the ever-increasing action of Roman law in Tuscany there is a very remarkable passage in the Pisan Statutes of 1161, in which it is said of that city, "a multis retro temporibus, vivendo lege romana, retentis quibusdam de lege longobarda." In a Siennese document of 1176, edited by Ficker (vol. iv. doc. 148), the Consuls declare: "Item nos professi sumus lege romana cum tota Civitate vivere." The mixture of Roman with Longobard or other legal systems is very frequent throughout the whole of the eleventh century, and even later on. Often, women who professed to live according to the Roman law, declared themselves at the same time as being under the mundium of their sons or of others.

90 Lami, "Lezioni," preface, p. cxv and fol. Vide also the documents published in Fiorentini's "Memorie delle gran Contessa Matilde" (Lucca, 1756); Della Rena e Camici, "Serie cronologica-diplomatica degli antichi duchi e marchesi di Toscana," pt. ii. These documents clearly show in what manner Matilda's tribunal was composed.

91 Vide Fiorentini, doc. at p. 168; Della Rena e Camici, pt. ii. vol. ii. docs. xv. and xvi. pp. 106 and 108; vol. iii. p. 9; vol. iv. doc. xiv. p. 61.

92 "Unthätiger Vorsitzende," says Ficker, when clearly proving this fact. Vol. iii. par. 573, p. 294 and fol.

93 On this head Ficker remarks: "Dass schon früher die Gerichtsbarheit in der Stadt nicht durch die Feudalgewalt, sondern durch Bürger der Stadt als rechtskundige Königsboten geübt wurde." Vol. iii. par. 584, pp. 315–16.

94 "Consuetudines etiam perversas a tempore Bonifactii Marchionis duriter eisdem impositas, omnino interdicimus." Ficker, vol. i. par. 136, pp. 255–6, and the text of the document in vol. iv. pp. 124–5; Pawinski, "Zur Entstehungsgeschichte des Consulats in den Comunen Nord und Mittel-Italiens." Berlin, 1867, p. 29.

95 "Nec Marchionem aliquem in Tusciam mittemus sine laudatione hominum duodecim electorum in Colloquio facto sonantibus campaniis." Murat., "Antiq." iv. 20. Also vide Ficker and Giesebrecht, before cited, and Pawinski at p. 31.

It has been suggested that some interpolations have been made in these patents (of which only an ancient copy survives, not the original), and especially in the second, but Ficker and Pawinski oppose this view. At any rate, the substance of both documents is now accepted by all the most competent writers. Vide Ficker, vol. iii. p. 408; Giesebrecht (4th ed.), vol. iii. pp. 537–8.

96 Amari, "Storia dei Musulmani in Sicilia," vol. iii. p. 1 and fol.

97 We use the word grandi here for the sake of clearness, although in this particular sense it only came into general use in Florence at a later date, and more particularly in 1293 in the days of Giano della Bella.

98 Pawinski, p. 31, note 3.

99 "Nec domum in predictis terminis relevari, neque ad triginta sex brachia interdici, permittemus" (Pawinski, p. 34).

100 Bonaini, "Statuti inediti della città di Pisa," vol. i. p. 16.

101 Frequent mention is made of counts and viscounts of whom, so far, there was no record in Florence. Later on, from causes that will be related, some few were found there.