276 Sismondi, after comparison of the chroniclers' accounts, raises the number of killed to 10,000 and the wounded to the same figure.

277 VI. 19.

278 Lord of the Castle of Poppi in the Casentino. He had separated from the other Counts Guidi, who were Guelphs.

279 All this is narrated by Villani and other chroniclers, and is likewise recorded by Dante in the "Divina Commedia." A few writers have tried to throw doubt on the incident, but, as Dr. Hartwig justly observes, it is difficult to suppose that Guelph chroniclers would have invented a legend so entirely favourable to the Ghibelline chief.

280 Prof. Del Lungo gives a full account of these demolitions in his paper, "Una vendetta in Firenze," in the "Arch. Stor. It.," Series iv. vol. 18, p. 355 and fol.

281 P. Ildefonso, "Delizie," &c., vol. ix. p. 19 and fol.

282 Machiavelli, "Storie," lib. i. p. 37.

283 It is said that Manfred, on witnessing their attack, showed his admiration for their courage by exclaiming, "Whoever may win the victory, these Guelphs will not lose it."

284 Dante (Purgatorio, iii. 121–32). The poet places Manfred in purgatory, although at the period he was classed as a heretic together with the Emperor Frederic, Farinata, and many other Ghibellines:

285 Machiavelli, "Storie," lib. ii. p. 73.

286 This result had come to pass at a much earlier period, was of frequent occurrence in Florentine history, and was now more assured than at any previous time. Malespini's Chronicle, chap. 104, even before the coronation of Frederic II., refers to certain families who "were beginning to be prominent, although too obscure to be mentioned a short while ago.... The Mozzi, Bardi, Jacopi detti Rossi, Frescobaldi, all these were of recent creation, inasmuch as they were still merchants and of petty origin: likewise the Tornaquinci and Cavalcanti, also traders, were of petty origin, and the same may be said of the Cerchi, who shortly began to rise higher than the aforesaid."

287 Most of these letters are given in Martène, others are published by Del Giudice in his "Codice diplomatico di Carlo I. and Carlo II d'Angiò."

288 Machiavelli, "Storie," lib. ii. p. 75.

289 "Il Codice diplomatico di Carlo I. e II. d'Angiò," published by Del Giudice, in Naples, serves to rectify many blunders made by the chroniclers on this point.

290 "The citizens of ancient times being either entirely extinguished, or, at least decayed by age, another race began to spring up, as it were, in a new city." Ammirato, "Storie."

291 There are so many discrepancies among Florentine authorities regarding this question that, after careful study and comparison of the different accounts given by the chroniclers, we have chosen Villani as our guide. He is the most celebrated of the old writers and the nearest to the times described. On close consideration of his words (vide Villani, lib. vii. chap. xvi.) we see that the councils are to be specified as those of the Twelve, of the Captain and of the Podestà. But reference to the State Archives, the Consulte, or first volume of Provvisioni—dated a few years after the reform of which we speak—will serve to prove that sometimes the Council of One Hundred was assembled; at others both the special council of the Captain and his council-general and special were summoned; sometimes again the Podestà's special council—likewise styled the Council of Ninety—with his council-general and special, amounting in all to 390 members (300 + 90). We also find that admittance to these four last-mentioned councils was usually granted to the seven masters (capitudini) of the greater guilds, and that in course of time the number of the masters increased, and that they were sometimes summoned to meet as a separate council. By studying the number of votes given at the councils, we find sufficient proof of the accuracy of Villani's statements. In special councils the voting was done with black and white balls, a record being kept of their respective numbers. But at that period general councils only signified their verdict by standing up or remaining seated, and the votes were not recorded in writing. But regarding these points the rules changed as circumstances required, for the magistrates were frequently authorised to consult whichever councils they preferred.

In affairs of the highest importance, and in discussions carried on in a strictly legal way, every measure proposed had to be first approved by the twelve worthies, who were likewise allowed to ask the advice of confidential private persons, afterwards denominated advisers (richiesti). The proposal was next submitted to the One Hundred, then to the Captain's two councils, and finally to those of the Podestà. All these details are confirmed by the documents in the Archives; and as a more easily verified instance, although of later date than the period now described, we may quote the opening sentence of the "Statuto dell' Esecutore di Giustizia," given in the Appendix to Signor Giudici's "Storia de' Municipi Italiani," p. 402 (1st edition). "In the name of God, Amen. In the year of His Holy Incarnation, 1306, &c., firstly, in the Council of One Hundred, and subsequently in the council and through the special council of Messere lo Capitano and the masters of the twelve greater guilds (these having already increased in number) ... and farthermore, at once, without delay, in the council and through the general and special council of Messere lo Capitano and of the people of Florence, and of the masters of the guilds ... done, confirmed, and carried the vote by sitting and rising, as prescribed by the same Statutes.... Likewise after these proceedings, in the same year, same 'indiction' and day, in the council and by the general council of three hundred and special council of ninety men of the Florentine Commune, with the aforesaid guild-masters, by order of the noble gentleman, Messere Count Gabrielli d'Agobbio of the same city and Commune of Florence, Podestà, &c." Here it should also be noted that although in this case the councils of the Podestà assembled on the same day as those of the captain, yet according to law and usage the former should not have been convoked until one or two days had elapsed.

292 Vide "Delizie degli eruditi Toscani," by P. Ildefonso, vol. vii. pp. 203–286.

293 Del Lungo "Una Vendetta," in "Firenze Arch. Stor. It.," Series iv. vol. xviii. p. 354 and fol.

294 The Giornale Storico degli Archivi Toscani, anno i., No. 1, contains "Lo Statuto di Parte Guelfa," of 1335, edited by Bonaini, whose learned commentary on the same appeared in subsequent numbers. Villani tells us (vii. 17) that, "by mandate from the Pope and the king, the said Guelphs nominated three knights as rectors of the party." But this must be a blunder, since, according to the statutes of the party, three knights and three men of the people were named to the office. A document dated December 12, 1268, appended to Del Lungo's "Una Vendetta in Firenze," mentions, "Unus de sex Capitaneis Partis Guelforum." Villani, in the same chap. xvii., confuses Pope Clement with Pope Urban, deceased in 1264. The statute of 1335 adds a third council, of one hundred, to the others, and this probably served the same purpose with regard to the councils as that fulfilled by the parliament to the Republic.

295 The English word "milliner" is derived from Milan.

296 The term calimala seems to have been taken from the name of the street in which the guild was situated. The street led to a house of ill-fame, hence the name Calis malus, in the sense of Via mala—evil road or lane.

297 A statute of the Calimala Guild, dated 1332, is given in the appendix of Giudici's "Storia dei Municipi Italiani." Another, dated 1301–2, has been published, with a commentary by Dr. Filippi, "Il più antico Statuto dell' Arte di Calimala." Turin: Bocca, 1889. The statutes formulated regulations already long in vigour by means of special laws.

298 All these details of the Calimala Guild are to be found in the statutes cited above. We have quoted from the earliest statutes.

299 Originally published in the Milan Politecnico, Nos. for November and December, 1867.

300 Ammirato (ed. of 1846; Florence, Batelli), i. 248.

301 The chroniclers say Guy de Montfort, but the latter only came in 1269. Vide Del Giudice, Cod. Dipl. ii. 23.

302 Villani, vii. 19. The frequent mention of eight hundred knights by the chroniclers of this period excites doubts as to their accuracy. It is never safe to accept their statements regarding the number of this or that army. Probably eight hundred horse was a species of regulation number, signifying a squadron of French men-at-arms.

303 Villani, vii. 19; Marchionne Stefani, rubric 138; Ammirato, lib. iii.

304 Gregorovius, vol. v. chap. 8: Cherrier, "Storia della lotta dei Papi e degli Imperatori di Casa Sveva," lib. x.

305 Ammirato, i. 262; "Delizie degli Eruditi," vol. ix. p. 41.

306 Machiavelli, "Storie," vol. i. p. 77. Italy, 1813.

307 "Ipsas petitiones benigne accessimus et audivimus cum effectu, primo de conservando iure et honore Comunis Florentie; contra Pisanos et Senenses invasores et Gibellinos et exiticios terre vestra et infideles Podiibonizi proditores nostros proponimus, cum Dei auxilio atque vestro, facere vivam guerram, donec peniteant de commissis, et vos de factis vestris habeatis comodum et honorem.... Vicarium Ytalicum virum providum discretum et fidelem, cuius devotionem, fidem et probitatem in magnis factis nostris cognovimus, firmiter et ab experto vobis concessimus secundum quod vestra postulatio continebat, et volumus quod sit contentus salario et expensis et emendis, prout in ipsius Civitatis statutis continetur, nec ultra aliquid exigat." Del Giudice, "Codice Diplomatico," ii. 116–17.

We find that several Italian Podestà were afterwards appointed in Florence by Charles.

308 Villani, vii. 54.

309 Raynaldi, anno 1278; Sismondi, vol. ii. chap. vii.

310 Villani, vii. 56.

311 Ammirato, vol. i. p. 274.

312 Ammirato the younger was the first writer to give an exact report of this agreement, with minute details derived from State papers, in his additions to the elder Ammirato's "History" (Anno 1279 and 1280). Several documents are given in the "Delizie degli Eruditi Toscani," by Padre Ildefonso, vol. ix. p. 63 and fol. Still ampler details are given by Bonaini ("Della Parte Guelfa in Firenze") in the Giornale Storico degli Archivi Toscani, vol. iii. p. 167 and fol. Vide also A. Gherardi's recent and very important work, "Le Consulte della Repubblica Fiorentina" (Firenze, Sansoni). The original document of the Peace is to be found (mutilated) in the State Archives of Florence.

313 The Fourteen are mentioned together with the Twelve in the cardinal's treaty of peace, and for some time later both bodies are simultaneously mentioned in the "Consulte," according to the usual Florentine custom of enumerating the old as well as the new magistrates. Subsequently the Fourteen alone are recorded, and the Twelve disappear entirely.

314 Villani, vii. 56; Ammirato (Florentine edition of 1846), lib. iii. p. 275, &c.

315 The old chronicles contain indications of these particulars, but for the minute description of them, corroborated by documentary evidence, vide Ammirato the younger, in his appendices to the "Storie" of Ammirato the elder.

316 Dr. Hartwig, who first called attention to this point, also remarked that the office of Defensor is first recorded in the "Consulte," in November, 1282, and that the first Defender mentioned by name is Bernardino della Porta. "Consulte," pp. 116, 132, 133, 140, from November 6, 1282 to February 6, 1283.

317 Dr. Hartwig also ascertained that in the "Consulte" the first mention of the priors occurs on June 26, 1282. Their names are recorded after those of the Fourteen; on April 24, 1283, they are given precedence over the latter; and from December forwards they are mentioned alone, without the Fourteen.

318 Bk. i. p. 25 and fol. (the Del Lungo edition).

319 Villani, vii, 79; Ammirato, iii. pp. 288–90.

320 Villani says (vii. 89) that this "was the most noble and renowned court ever held in the city of Florence."

321 "Consulte," vol. i. pp. 169–70.

322 Hartwig, "Ein menschenalter florentinische Geschichte" (1250–93). Freiburgi B., 1889–91, p. 111.

323 Ammirato gives full details of this treaty. A summary of the original document was afterwards included by Canale, in his "Nuova Istoria della Repubblica di Genova" (the Le Monnier edition), vol. iii. p. 34.

324 Villani, vii. 98; Malespini, ccxliii.

325 Some of the chroniclers assert that the archbishop hoped to extract large sums of money from his captives before making an end of them.

326 For details of the Pisan war with Genoa and Florence, vide "Storie e Cronache Pisane," edited by Bonaini and others in vol. vi. (pts. i. and ii.) of the "Archivio Storico Italiano"; Canale, "Nuova Istoria della Repubblica di Genova"; Villani; Flaminio dal Borgo; Muratori Script., vol. xv.; Sismondi; "Hist. des Rep. It.," T. ii. chap. 8.

327 An order of knighthood limited to the nobility.

328 G. Villani, Dino Compagni, and the other Florentine chroniclers.

329 Villani, Compagni, Ammirato, and the Pisan historians previously quoted.

330 Villani, vii. 99; Vasari, "Vita di Arnolfo"; Ammirato (Florence: Batelli and Co., 1846), vol. i. pp. 310–11.

331 Ammirato, vol. i. p. 337.

332 Vide Note A at the end of this chapter.

333 Prof. P. Santini has treated of this question in his article entitled "Condizione personale degli abitanti del contado nel secolo xiii.," "Arch. Stor. It." (Series iv. vol. xvii. p. 178 and fol.). He justly remarks that there is no basis of comparison between the Bolognese law of 1256 and the Florentine law of 1289, seeing that they relate to persons of a different class and to two different periods of the movement set on foot in every commune for ameliorating the conditions of the inhabitants of the contado (p. 188 and fol.).

334 Villani, vii. 132.

335 Ammirato, bk. iii. ad annum.

336 Vide Note B at the end of this chapter.

337 Vide Note C at the end of this chapter.

338 Originally published in the Politecnico of Milan; Nos. for June and July, 1867.

339 Vide the Florentine edition of 1755, p. 133.

340 This anecdote is related by the Friar of St. Gall, "De rebus bellicis Caroli Magni." Vide Muratori, Dissertazione xxv.

341 Muratori, Dissertazione xxv. Vide likewise Pignotti, "Storia della Toscana," vol. iv. Saggio iii. Florence, 1824.

342 We have already mentioned the probable derivation of this term.

343 Vide Pagnini, "Della Decima," vol. ii. sec. 4 and 5.

344 Pagnini, "Della Decima," ibid.

345 Villani, lib. xi. chap. 94.

346 Villani, lib. xi. chap. 94.

347 It would seem that the Guild of Por' Santa Maria originally traded in Florentine woollen stuffs, and that the silk merchants formed a secondary and separate branch. Gradually, however, they became amalgamated with the guild (early in the thirteenth century), and then became its principal components, until at last the Silk Guild and Por' Santa Maria were entirely fused in one.

348 Vide the "Cronaca" of Benedetto Dei (1470–92), preserved among the MSS. of the Magliabecchian Library. Many interesting portions of this "Cronaca" have been published in the appendix to vol. ii. of Pagnini's "Decima."

349 Vide the same "Cronaca" of Dei.

350 "Again, a law was passed in 1371, inasmuch as many men traded the shares of the Monte in this wise: One said to another: 'the shares of the Monte are at thirty; I wish to do some business with you to-day. This time next year I'll sell to you, or you to me, at what price shall we say?' At thirty-one the share [of one hundred]? 'What premium do you ask for this?' So they bargained, and the terms were fixed. When shares fell, the merchant bought, if they rose, he sold out, and the stock changed hands twenty times in the year. Accordingly a tax was charged of two florins in the hundred for every transfer." Marchionne di Coppo Stefani, vol. viii. p. 97, in the "Delizie degli Eruditi Toscani," vol. xiv.

351 Vettori, "Il Fiorino d'oro"; Orsini, "Storia delle Monete." Florence, 1760.

352 Pagnini, "Della Decima," vol. ii. sec. iii. chaps. i.-iv. Other details are supplied by Ammirato, Dei, and more especially by Villani (xi. 88, and xii. 55).

353 G. Villani, xl. 54.

354 Ammirato, lib. 18, ad annum.

355 "Cronaca" of Benedetto Dei, given in Pagnini.

356 Ibid., vol. ii. p. 275.

357 Ammirato, ad annum; Pagnini, loc. cit.

358 This led some writers to believe that slavery still existed in Italy many centuries after it had disappeared. A praiseworthy article on this theme, by Signor Salvatore Bongi, was published in the Nuova Antologia, anno I. No. 6.

359 Vide the Speech of Tommaso Mocenigo, so often reproduced by chroniclers and historians; Pagnini, "Della Decima," vol. ii. p. 7 and fol.; Romanin, "Storia documentata di Venezia," vol. ii. pp. 156–7.

360 Urghanj, the chief city of Khwarezm, the country now called Khiva. New Urghanj, the present commercial capital of Khiva, is sixty miles from the ancient city.

361 Balducci Pegolotti, in Pagnini's book. Colonel H. Yule's "Cathay, and the Way Thither, being a Collection of Mediæval Notices of China" (London, printed for the Hakluyt Society, 1866), is a very important work, includes a series of documents translated by the author, and is prefaced by a learned dissertation from his pen.

362 Pagnini, vol. ii. sec. i. K. Sieveking, "Geschichte von Florenz." This very brief but excellent work was published anonymously at Hamburg in 1844. It has furnished many of the details given in this chapter.

363 The first five were frequently joined to the greater guilds, which were then increased to twelve.

364 "Inferno," Canto x.

365 Franco Sacchetti tells us that while he was a member of the government the magistrates of the Republic never succeeded in enforcing the laws against luxury. One of them, having been severely reprimanded on this score and threatened with dismissal from office, gives the following account of the devices by which Florentine women evaded the regulations established by law:

"Signori miei,—All my life I have sought to acquire reason; and now, when methought I knew something, I find I know nothing; inasmuch as when searching for forbidden ornaments, according to your orders, the women bring forward arguments of a kind never found by me in any law; and among others I will quote these: There comes a woman with an embroidered trimming turned down over her hood, and the notary says, 'Give me your name, since you wear an embroidered trimming.' The good woman takes off this trimming, which is fastened to the hood by a pin, and, holding it in her hand, declares it is a garland. He goes to another woman and says, 'I find you have too many buttons on the front of your gown; you must not wear those buttons.' But she replies, 'Yes, Messere, I can, for these are not buttons, but bosses; and if you do not believe me, see, they have no shanks, and neither are there button-holes.' The notary passes on to another woman wearing ermine fur, saying to himself, 'What excuse can she allege for that? You wear ermine,' and he begins to write her name. The woman says, 'Do not write me down, for this is not ermine, but lattizzi fur.' Says the notary, 'What are these lattizzi?' 'They are animals....' One of the magistrates says, 'We are trying to fight against a wall.' And another remarks, 'It were better to attend to affairs of more importance!'" (Novella, 137.)

366 Guicciardini, "Considerazioni sui Discorsi del Machiavelli" (Opere inedite, vol. i., Barbéra, Florence). Full confirmation of the above statements are to be found in this work. In treating of chap. xii. bk. i., where Machiavelli charges the Popes with having prevented the unity of Italy, the author qualifies his approval of the remark by adding: "But I feel uncertain whether it were a good or an ill chance for this province to escape being absorbed in a kingdom; for although to be subject to a republic might prove a glory to the name of Italy and a happiness to the dominant city, it could only bring calamity to all other cities, seeing that, oppressed by the latter's shadow, they were unable to rise to any greatness, it being the wont of republics 'to give no share of the fruits of their independence and power to any save their own citizens.... This reason does not hold good in a monarchy wherein all subjects enjoy more equality, and therefore we behold France and many other provinces living contentedly under a king.'"

367 Originally published in the Milan Politecnico, July and August, 1868.

368 To avoid the addition of too many notes to a chapter treating of the general course of events, and only purposing to throw some light on the political conditions of our communes, more especially of Florence, I may say once for all, that besides the statutes, quoted in due place, the authorities most frequently referred to are: Savigny, "Storia del Diritto Romano nel Medio Evo"; Francesco Forti, "Istituzioni Civili e Trattati inediti di giurisprudenza"; Gans, "Il Diritto di Successione nella Storia Italiana," translated by A. Torchiarulo: Naples (Pedone, Lauriel, 1853); Gide, "Etude sur la condition privée de la femme": Paris, 1868; Schupfer, "La Famiglia Longobarda," in the Law Archives of Bologna, Nos. 1, 2. At this date it is scarcely necessary to remark that since 1868 these studies have made enormous progress in Italy, and that many works of signal importance have been produced which were naturally unknown to me while engaged on these pages, only intended—at the moment—to assist my pupils to a clearer comprehension of the Florentine revolution of 1293, and the "Ordinamenti di Giustizia," which were its inevitable and long needed results.

369 Translator's note to Chapter VII.—With regard to this chapter, I am greatly indebted to the kindness of my learned friend Mr. Ninian Thompson, late judge at Calcutta, since without his skilled collaboration and revision it would have been impossible to cope with the legal technicalities of the text. My thanks are also due to Signor Del Vecchio, Professor of Jurisprudence, for his valuable explanation of ancient terminology.—Linda Villari.

370 Gaius, i. pp. 890–2.

371 Comitis Gabriellis Verri, "De ortu et progressu iuris mediolanensis," &c. In Book I. of this work we find, among others, the following words: "Quæ omnia manifeste demonstrant, maiores nostros maximum atque perpetuum studium, contulisse ad agnationem conservandam pro veteri xii. tabularum iure, a Justiniano postea immutato, quo certe nihil ad servandum augendumque familiarum splendorem ... utilius, commodius, aptius, commendabilius potuit afferri."

Another of those old writers on law who steadfastly maintain this view is Cardinal De Luca, who, in his "Theatrum veritatis et iustitiæ," makes a singularly angry attack upon Justinian and all agreeing with his views on the subject of agnation. According to De Luca, the Italians never accepted the reforms, or, rather, as he calls them, the destructions and corruptions, favoured by Justinian.

Even Giannone, in his "Storia Civile del Regno di Napoli" (bk. iii. paragraph v.), says that Justinian's works met with no favour among us. "They found no acceptance either in Italy or in our provinces, nor could they be planted and strike deep roots here, as on foreign soil; on the contrary, the ancient books of the juris-consults were retained, and the code of Theodosius lost neither its reputation nor its authority."

Here it may be well to remark that the persistence of the Roman law in Italy during the Middle Ages, maintained by Savigny, but combated by others, is now admitted on all hands.

372 Dr. J. Ficker, "Forschungen zur Reichs und Rechtgeschicte Italiens," 4 vols. Innsbruck, 1868–74.

373 Gans, while accepting the ideas of Savigny as to the diffusion of the Justinian law in Italy, also takes this view, which is in accordance with his own theory that the new forms of the Italian law were derived from the laws of the Longobards.

374 Baudi de Vesme, in his notes on the Longobard laws, repeatedly remarks: "Theodosiani juris vestigia hic agnoscere mihi vedetur." Del Giudice has recently proved that certain passages are taken from the Justinian law and others from the Theodosian code.

375 This discussion may now be considered superfluous, it being generally acknowledged at the present day, that even subsequently to Justinian's constitution, the Theodosian code continued in force. In this way the Justinian and pre-Justinian forms had a contemporaneous existence, only the Pandects were longer neglected.

376 According to Savigny, the school of Guarnerius was already flourishing in 1113–18. It is now well ascertained that this school was preceded by others adhering far less closely to Justinian forms.

377 The ancient statute of Giacomo Tiepolo, of which the MS. is extant in the Archives of the Frari, in Venice, and which has been frequently printed, concludes its first prologue with these words: "Et se alguna fiada occorresse cosse che per quelli statuti non fossero ordinade, perchè l'è de plui i facti che li statuti, s'el occorresse question stranie, et in quele alcuna cossa simela se trovasse, de simel cosse a simele è da proceder. Aver, secondo la consuetudine approvada, oltremente, se al tuto sia diverso, over si facta consuetudine non se trovase, despona i nostri iudexi come zusto et raxionevole a la so providentia apparèrà, habiendo Dio avanti i ochi de la soa mente, si fatamente che, al di del zudixio, de la streta examination davanti el tremante (tremendo) Iudexe render possa degna raxione."

378 Many examples to this effect will be found in the volumes of "Provvisioni" in the Florence Archives.