THE history of Italian freedom, from the Middle Ages to the new series of foreign invasions, dating from the descent of Charles VIII. in 1494, mainly consists of the history of our communes. But this history is as yet unwritten, and, worse still, can never be written until the material required for the task shall have been brought to light, sifted, and illustrated. What were the most ancient political statutes, what those of the guilds of art and commerce, what the penal and civil laws, the individual conditions, revenue, expenditure, trade, and industry of those republics? To all these questions we can give but imperfect replies at the best, and some are left altogether unsolved. Yet until all are decided the civil history of our communes remains involved in obscurity.

Through Machiavelli and Giannone Italy gave the world the first essays in constitutional history, and by Muratori's gigantic labours inaugurated the great school of learning that is the only settled basis of modern and, more especially, of constitutional history. But we soon allowed the sceptre we had won to be snatched from our grasp. It is true that we have never experienced any dearth of great scholars or historians, but the complete national history of a people is a task exceeding the powers of one or of several individuals. Such history must be produced, as it were, by the nation itself. Only the combined efforts of many scholars and of many generations can succeed in co-ordinating and investigating the vast mass of material that has to be ransacked in order to trace through the vicissitudes of numerous municipalities, all differing from, and at war with one another, the history of the Italian people. It has been long the custom with us for every one to work independently: hence we lack the spirit of agreement and co-operation required to enable individual efforts to carry forward the work of the whole country at the same pace. Certainly, however, I must not forget to note the example of our various national historical societies, subsidised by the Government, and composed of most learned and deserving men. But these associations and commissions have as yet no general nor united plan of work; and, in fact, some of their members are apt to devote their energies to labours which, however important, are disconnected from the main object. Thus there will be much delay before our learned men complete the investigation of any one period of our history. Yet the rules which should be followed are not far to seek, since Italians were the first to discover them, and we still bear them in mind. Nor has the issue of highly important collections of documents been relegated exclusively to our societies and commissions. None can have forgotten the untiring labours of the worthy Vieusseux and his friends in their management of the "Archivio Storico Italiano"! To show what excellent results may be achieved by the publication of a single series of State papers, it is sufficient to mention the Despatches (Relazioni) of Venetian Ambassadors, given to the world by Alberi, and whereby not only Italian but European history has been so greatly profited. What progress might not be made would all Italian scholars consent to devote their labours to a common end! We have seen how much Professor Pertz was enabled to achieve at Berlin, with a subsidy from the Confederation, and aided by all the scholars of Germany. Truly, his "Monumenta" form an enduring memorial of the national history of the Fatherland, and has become the nucleus of a new school of scholars and historians.

Now that Italy is united, and her many states fused into one, she should know the history of her communes, and trace out the history of her people. It should also be kept in view that the Commune was the institution by whose means modern society was evolved from the Middle Ages. Rising in the midst of a throng of slaves, vassals, barons, marquises, dukes, the Commune gave birth to the third estate and the people which, after first destroying feudalism in Italy, subsequently by the French Revolution, destroyed it throughout Europe. Even Augustin Thierry notes that "thus was formed the immense congregation of free men who in 1789 undertook for all France that which had been achieved by their forefathers in mediÆval municipalities."2 Accordingly, since Italy was the centre and seat of municipal liberty, the purpose of the present work is not only to investigate our civil history, but to demonstrate how much we contributed to the discovery of the principles of modern society and civilisation. All careful students of the history of Roman law in the Middle Ages will have occasion to remark that our commentators while reviewing ancient jurisprudence, unconsciously modified it in adapting it to their own times. Francesco Forti has declared that no student of our statutes can fail to perceive that many of the regulations found in the Napoleon Code, and supposed to be created by the French Revolution, already formed part of the old Italian law. I have come to the conclusion that in every branch of Italian civil life our history will be able to prove that the same remark holds good, inasmuch as our civil institutions contained the primary germs of modern freedom. But no one has yet dared to attempt this task, and, as I said before, no single strength could suffice for it. We have now to deal with a far humbler theme. By tracing in bold outline the history of a single commune, we desire to show what fresh researches remain to be made, and how many problems to be solved.

The vicissitudes of the Florentine Republic can only be paralleled with those of the most flourishing periods of Athenian freedom. Throughout modern history we might seek in vain the example of another city simultaneously so turbulent and prosperous, where, despite so much internecine carnage, fine arts, letters, commerce, and industry, all flourished equally. The historian almost doubts his own veracity when bound to recount how a handful of men settled on a small spot of earth, extended their trade to the East and the West; establishing banks throughout Europe; and accumulated such vast wealth, that private fortunes sometimes sufficed to support tottering thrones. He has also to relate how these rich merchants founded modern poetry with their Dante, painting with their Giotto; how with the aid of their Arnolfo and Brunellesco, and of their Michelangelo, who was poet, painter, sculptor, and architect in one, they raised the stupendous buildings which the world will lastingly admire. The first and subtlest of European diplomatists were Florentines; political science and civil history were born in Florence with Machiavelli. Towards the end of the Middle Ages this narrow township seems a small point of fire shedding light over the whole world.

It might well be thought that all difficulties regarding the history of this commune must have been already overcome, seeing that the finest Italian writers, the greatest modern historians, have for so long made it the theme of extended labours. In fact, what other city can boast annals penned by such men as Villani, Compagni, Machiavelli, Guicciardini, Nardi, Varchi? And, in addition to histories and chronicles, we find an endless string of Diaries, Prioristi (Notebooks), Reminiscences, before coming down to modern writers. Among the Florentines it was a very common practice to keep a daily register of events, and in this wise their splendid store of historic literature was continually enlarged. But, nevertheless, no history bristles with so many difficulties as that of Florence, nor offers so many apparently insurmountable contradictions. Events pass before our eyes, well described, vividly coloured; they flit past in a rapid and uninterrupted whirl, never resting, subject to no law, and seemingly obedient to chance alone. Personal hatred, jealousy, and private revenge produce political revolutions, drenching the city with the blood of its children. These revolutions endure for months, perhaps even for years, and end with arbitrary decrees, which are violated or undone the moment they have received magisterial sanction. Thus we are often moved to inquire, How can this be the work of far-seeing diplomats, of great politicians? Either lofty commendations for political good sense and acuteness were falsely lavished on men incapable of giving their country sound laws and stable institutions, and who in the gravest affairs of State were solely influenced by personal loves and hates; or else for centuries past we have accorded unmerited praise to the historians who have described impossible events to us in the most vivid colours. In fact, how could it possibly be that so much good sense should breed so much disorder? How, too, in the midst of this disorder, with the vessel of the State at the mercy of every wind that blew, could art, science, and literature give forth so glorious a harvest?

Undoubtedly history, as we interpret it to-day, was unknown to the ancients. We seek the causes of events, whereas they merely described them. We wish to know the laws, manners, ideas, and prejudices of mankind, whereas our forefathers were exclusively concerned with human passions and actions. In the fifteenth century political science was chiefly a study of human nature, while at this day it is mainly a study of institutions. Modern history aims at the examination of mankind and society in every form, and from every point of view. That is why we have had to so often re-fashion the work that, nevertheless, had been splendidly performed by writers of old.

Leaving aside all compilers of those fables and legends on the origin of Florence found repeated in even later works, Florentine historians may be divided into two great schools. First come the authors of Chronicles or Diaries, who flourished chiefly in the fourteenth century, although they continued long after that period. These writers record day by day the events they have witnessed and in which they have often taken part; stirred by the very passions they describe, they sometimes rise to eloquence, and the heat of their own words leaves them no time to dwell on abstract ideas. They presuppose in their readers their own detailed knowledge of the political institutions among which their lives were spent, but which are unknown to us, and the object of our keenest desire. Frequently, however, some fourteenth-century chronicler, such as Giovanni Villani, with his incomparable gift of observation, supplies such minute descriptions of events, reports so many details, that, almost unawares, we find ourselves carried back to his day. Sometimes, when descending to particulars, he apologises for detaining the reader on topics of small moment, little foreseeing what value we later generations would attach to all those details of the trade, instruction, revenue, and expenditure of the Republic, or how we should long for more facts of the same kind. But as soon as these writers touch upon times and events outside their own experience, they have either to copy verbatim from other chroniclers, or their narratives remain cold, colourless, and devoid of merit or authority. We pass at once from the most lively and graphic descriptions to the strangest fables, the greatest incoherence, since these men are incapable of using any discernment even in copying literally from others. Proofs of this are seen in their puerile accounts of the foundation of Florence. Historical criticism was as yet unborn.

The scholarship of the fifteenth century gave rise to the study and imitation of Sallust and Livy; and Italian writers were no longer content to register facts from day to day, unconnectedly and without order. Many wrote in Latin, others in Italian; but all sought to compose historical narratives in a more artistic, or at all events, more artificial way. They launched into exordiums and general considerations; gave lengthy descriptions, eked out by many flights of fancy, of wars they had never witnessed, and of which they knew little or nothing; they attributed imaginary speeches to their personages, and sometimes fashioned their narratives in the shape of dialogues, to increase the distance between themselves and their fourteenth-century predecessors.3

It was a period of rhetorical essays and servile imitations of the classics, during which Italian history and literature declined, although preparing for revival in the coming age. In fact, we find the art of history notably advanced in the sixteenth century. Machiavelli, who may be styled the most illustrious founder of that art, begins with a word of blame to preceding historians exactly because "they had said little or nothing of civil discords, or of existing internal enmities and their effects, and described other matters with a brevity that could be neither useful nor pleasing to the reader." Indirectly, these words serve as a faithful portrait of the book that has proved the most lasting monument to his own fame. He inquires into the causes of events, the origin of all the parties and revolutions of the Republic; thus creating a new method and opening a new road. He reduces the whole history of the Commonwealth into an admirable unity; he rejects with profound contempt the fabulous tales bequeathed by the chronicler regarding the foundation of Florence, and throws an eagle glance on party manoeuvres from their origin down to his own day. He was the first to undertake these researches, and, notwithstanding all newer investigations, his fundamental idea maintains its value.

But Machiavelli gave little heed to institutions, scarcely any at all to laws and customs. Furthermore, he was so entirely guided by his instinct of divination as to care little for the historic exactitude of particular facts. To ascertain the infinite number of inaccuracies and blunders contained in his book, and which would be unpardonable in a modern writer, his narrative must be compared with the contemporary accounts of the old chroniclers, some of which were known to him. Not only are there frequent errors of date, but also of the names and number of magistrates and of the framework of institutions. It would seem that while divining the spirit of events, he simultaneously remoulded them according to his own fancy. Sometimes we find him appropriating entire pages from Cavalcanti's history, even transcribing the fictitious speeches attributed by that chronicler to historic characters, and by a few touches of his own pouring new life into the dull narrative without troubling to undertake any fresh research. Thus, his book, although a valuable guide, is also an unsafe one. He cannot always abstain from transplanting a true fact to the place best suited to his own theories, thus filling up inconvenient gaps without many scruples of conscience. His aim, so he tells us, was to investigate the causes of parties and revolutions. What is now designated as local colour—i.e., the historic colour of facts—is entirely absent from his narrative, and particularly from that of the earlier days of the Republic. Men adhere to different factions, sometimes commit evil, sometimes generous deeds, but are apparently always the same in his eyes. To what extent the clear appreciation of events is hampered by this theory may easily be imagined. Then, too, as Machiavelli draws nearer to his own times, he sees the constitution of the Republic changing and decaying, freedom disappearing, and a thousand personal passions arising to hasten the overthrow of enfeebled institutions. A knowledge of minute particulars would be doubly desirable at this period to make us understand the social revolution in question; but Machiavelli, though always a fifteenth-century Florentine, never lost sight of the example of Titus Livy and other Roman writers, and consequently, like all the scholars of his age, was inspired with a lofty contempt for any small details apt to endanger the epic unity of historic narrative. Then, later on, in approaching the distinct domination of the Medici, under whose rule he was living, he turns aside with ill-concealed disgust from the internal vicissitudes of the Republic and gives his whole attention to external events. He then discourses of warfare and of the Italian policy that was the passion of his life. In the midst of court intrigues and the contested predominance of this or that party, we find him chiefly concerned in ascertaining how a new prince might best reunite the scattered members of his torn and oppressed motherland; and note that this noble design frequently makes him forget the history of Florence.

In reading old chronicles of contemporary events, we see before our eyes the living, speaking figures of Giano della Bella, Farinata degli Uberti, Corso Donati, and Michele di Lando. Their feelings, loves, and hates are known and almost familiar to us; but we are plunged in a restless, unrestrained tumult of passions, without knowing whence blows the blast driving men and things onward in a whirl of confusion, without one moment's truce. No sooner do we pass beyond the visual horizon of the writer, than all images become confused, and our sight is no less obscured than his own. Even at moments of most eloquent description we hear of institutions and magistrates conveying no meaning to our ears, and often see these change, disappear, and return without grasping the why and wherefore. But when, on the other hand, by the study and imitation of ancient authors, the art of embracing a vaster circle of facts springs into being, and the causes and relations of those facts are investigated in order to weld them into visible unity, historic criticism is still lacking to verify events, to examine and define laws and institutions, to colour and almost revive the past in all its varied and changeful aspects. The genius of the historian emits, as it were, flashes of light; but these, while illuminating some occasional point, only leave a confused and uncertain view of past ages in our mind. We require to know men and institutions, parties and laws, as they really were; nor is this enough: we must also comprehend how all these elements were fused into unity, and how laws and institutions were begotten by those men in those times. This was the task modern writers should have performed, but many reasons have prevented its completion. First of all, the progress achieved by art and literature while liberty was perishing in Florence, and their great influence on all modern culture, fixed the principal attention of writers on this section of Florentine history as being one of very general importance, and more easily intelligible to all. Accordingly, the greater number of modern, and especially of foreign students neither examined nor understood the precise period in which all the noblest qualities of the Florentine nature had been formed, and during which were evolved and trained the intellectual powers afterwards expressed in art and letters to the admiration of the whole world. Many foreigners seemed to believe that art and letters had not only flourished when manners were most corrupt, but were almost the result of and identified with the corruption that led to their decline. For the fine arts, being the offspring of liberty and morality, could not long survive their parent forces.

It should be also observed that no great modern writer has yet produced any work specially devoted to the political and constitutional history of Florence.4 It must be confessed that more than by any modern pen was achieved to this effect by the elder and younger Ammirato, who, although writers of the seventeenth century, already began to ransack State papers, and composed a work that was new and remarkable at that period. But they neither proposed to write a history of the Florentine constitution, nor possessed sufficient critical equipment for the purpose, had they sought to fulfil it. They often overload new and valuable information regarding events, and even institutions, with a mass of useless detail, destructive to the general unity of their narrative.

It is scarcely requisite to add that modern writers, only treating of Florence in general histories of Italy, were necessarily compelled to pass briefly over secondary parts of their work. They often relied too blindly on old authors of acknowledged repute and influence, without using enough discrimination in sifting material of undeniable value from other parts composed of second-hand narratives and repetitions of fabulous tales. We have only to compare Villani with Malespini to see that one of the two undoubtedly copied many chapters from the other.5 Nor is this a solitary example. As we have before remarked, Machiavelli borrowed whole chapters from Cavalcanti;6 Guicciardini often translated from Galeazzo Capra, better known under the name of Capella;7 Nardi reproduced Buonaccorsi verbatim. Therefore, without critical examination of these writers, and careful decision as to their relative value and the confidence to be accorded to different parts of their works, it is uncommonly easy to be misled. For this, and many other reasons, modern historians of Italy encounter numerous pitfalls when treating of Florentine matters. Now and then we see them halting, in common with chroniclers of the widest renown, to define the precise functions of the Captain of the people, or PodestÀ, or Council of the Commune, and afterwards finding it extremely difficult to make their definitions agree with actual facts whenever those titles recur in their pages. Such mistakes nearly always proceed from a double source. The definitions supplied by old writers regarding magistrates and their functions were extremely slight, when they alluded to their own times, and often inexact where other periods were in question. Also, modern writers generally demand a precise and fixed definition of institutions which were subject to change from the day of their birth, and unalterable only in name. The name not only remains intact after the institution has become entirely different from what it was at first, but often long outlives the institution itself. It is curious to see what ingenious theories are then started to give substance and reality to names now become ghosts of a vanished past. The only way to thread this labyrinth is by endeavouring to reconstruct the series of radical changes every one of those institutions underwent, and without once losing sight of the mutual relations preserved between them during the continual vicissitudes to which they are subject. Only by seeking the law that regulates and dominates these changes is it possible to discern the general idea of the Republic and determine the value of its institutions.

But what can be done while we lack so many of the elements most needed for the completion of this task? The learned have yet to arrange, examine, and illustrate the endless series of provisions, statutes, consulte, pratiche, ambassadorial reports, and, in short, of all the State papers of the Republic, many of which are still unsought and undiscovered. Nevertheless, we believe that, without attempting for the present any complete history of Florence, some rather useful work may be performed. We may certainly follow the guidance of old chroniclers and historians regarding events of which they had ocular testimony, trying, when needed, to temper their party spirit by confronting them with writers of an opposite faction. Vast numbers of documents have been published in driblets, and many learned dissertations, although the series is still incomplete; besides, one may easily resort to the Florence archives in order to vanquish difficulties and bridge the principal gaps. And after undertaking researches of this kind, it seems easy to us to clearly prove how the whole history of Florence may be illumined by a new light, and its apparent disorder made to disappear. In fact, as soon as one begins to carefully examine the veritable first causes underlying the apparent, and often, fallacious causes of political revolutions in Florence, these revolutions will be found to follow one another in a marvellously logical sequence. Then in the wildest chaos we seem rapidly able to discern a mathematical succession and connection of causes and effects. Personal hatreds and jealousies are not causes, but only opportunities serving to accelerate the fast and feverish sequence of reforms by which the Florentine Commune, after trying by turns every political constitution possible at the time, gradually attained to the highest liberty compatible with the Middle Ages. It is this noble aim, this largeness of freedom, that rouses all the intellectual and moral force contained in the Republic, evolves its admirable political acumen, and allows letters and art and science to put forth such splendid flowers in the midst of apparent disorder. But when strictly personal passions and hatreds prevail, then real chaos begins, the constitution becomes corrupt, and the downfall of freedom is at hand.

The sole aim of the present work is to offer a brief sketch of the history of Florence during the foundation of its liberties. So great is the importance of the theme that the historian Thiers has given long attention to it, and we know that an illustrious Italian has already made it the object of many years of strenuous research.8

II.

The history of every Italian republic may be divided into two chief periods: the origin of the commune, the development of its constitution and its liberties. In the first period, during which an old state of society is decaying and a new one arising, it is hard to distinguish the history of any one commune from that of the rest, inasmuch as it treats of Goths, Longobards, Greeks, and Franks, who dominate the greater part of Italy in turn, reducing the country, almost throughout its extent, to identical conditions. The position of conquerors and of conquered is everywhere the same, only altered by change of rulers. Amid the obscurity of the times and scarcity of information, there seems scarcely any difference between one Italian city and another. But differences are more clearly defined, and become increasingly prominent after the first arisal of freedom. Most obscure, though not of earliest date, was perhaps the origin of Florence, which tarried long before beginning to rise to importance. Our present purpose being merely to throw light on the history of the Florentine Constitution, we need not devote many words to the first period mentioned above—namely, of the origin of Italian communes in general. At one time this question was the theme of a learned, lengthy, and most lively dispute, chiefly carried on by Italian and German writers. But the scientific severity of researches, in which Italian scholars won much honour, was often impaired by patriotism and national prejudice. It being recognised that the origin of the Commune was likewise the origin of modern liberty and society, the problem was tacitly transformed into another question—i.e., whether Italians or Germans were the first founders of these liberties, this society? It is easy to understand how political feelings were then imported into the controversy, and effectually removed it from the ground of tranquil debate.

Towards the end of the last century the question was often discussed in Italy by learned men of different views, such as Giannone, Maffei, Sigonio, Pagnoncelli, &c. Muratori, though lacking any prearranged system, threw powerful flashes of light on the subject, and raised it to higher regions by force of his stupendous learning. But the dispute did not become heated until Savigny took up the theme in his renowned "History of Roman Law in the Middle Ages." In endeavouring to prove the uninterrupted continuity of the said jurisprudence, he was obliged—inasmuch as all historical events are more or less connected together—to maintain that the Italians, when subject to barbarian and even to Longobard rule, lost neither all their personal liberty nor their ancient rights, and that the Roman Commune was never completely destroyed. Accordingly, the revival of our republics and of Roman law was no more than a renewal of old institutions and laws which had never entirely disappeared. Germany was quick to see to what conclusions the ideas of our great historian tended, and thereupon Eichorn, Leo, Bethmann, Karl Hegel, and others, rose up in arms against the theory of the Italian Commune being of Roman birth. They maintained, on the contrary, that the barbarians, and more especially the Longobards, whose domination was harsher and more prolonged than the rest, had stripped us of all liberty, destroyed every vestige of Roman institutions, and that, consequently, the new communes and their statutes were of new creation, and originally derived from Germanic tribes alone.

To all appearance these views should have stirred Italian patriotism to furious opposition, and made Savigny's ideas universally popular among us. Yet this was not the case. We supplied many learned adherents to either side. At that time our national feeling had just awakened; we already desired—nay, claimed—a united Italy, no matter at what cost, and detested everything that seemed opposed to our unity. Well, the Longobards had been on the point of mastering the whole of Italy, and the Papacy alone had been able to arrest their conquests by securing the aid of the Franks. But for this, even the Italy of the ninth or tenth century might have become as united a country as France. Already the school of thinkers had been revived among us that, even in Machiavelli's day, had regarded the Pope as the fatal cause of Italy's divisions. Therefore, naturally enough, while confuting Savigny's views, our nineteenth-century Ghibellines exalted the Longobards, ventured to praise their goodness and humanity, and hurled invectives against the Papacy for having prevented their general and permanent conquest of Italy. But, on the other hand, there was also a political school that looked to the Pope as the future saviour of Italy, and this school, prevailing later on during the revolution of 1848, adopted the opposite theory, and possessed two most illustrious representatives in Manzoni and Carlo Troya. At any rate, they had little difficulty in proving that barbarians had been invariably barbaric, killing, destroying, and trampling down all things, and that the Papacy, by summoning the Franks, no matter for what end, had certainly rendered some help to the harshly oppressed masses. The Franks, in fact, gave some relief to the Latin population, sanctioned the use of Roman law and granted new powers to Popes and bishops, who undoubtedly contributed to the revival of the communes. Thus, although for opposite ends, identical opinions were maintained on both sides of the Alps. Throughout this controversy learning was always subordinated to political aims, although the disputants may not have been always aware of it; and historic truth and serenity consequently suffered unavoidable hurt. Balbo, Capponi, and Capei, after throwing their weight on this side or that, ended by holding very temperate views, and their teachings cast much light on the point at issue.

The main difficulty proceeds from the fact that few persons are willing to believe that in the Middle Ages, as well as throughout modern history, we can always trace the continuous reciprocal action of the Latin and German races, and that it is impossible to award the merit of any of the chief political, social, or literary revolutions exclusively to either. On the contrary, wherever the absolute predominance of one of the two races seems most undoubted, we have to tread with most caution, and seek to discover what share of the work was due to the other. Likewise, in order to justly weigh and determine their reciprocal rights in history, impartial narrative would have a better chance of success than any system based on political ideas. Assuredly, when facts are once thoroughly verified, no system is needed, since general ideas result naturally from facts. Were it allowable to introduce here a comparison with far younger times, we might remark that when French literature invaded Germany in the eighteenth century it obtained general imitation there, and unexpectedly led to the revival of national German literature. In order to glorify the national tone of this literature, would it be necessary to maintain that the great previous diffusion of French writings was only imagined by historians? Later, the French flag was flaunted in nearly every city of Germany, and the people humiliated and crushed. From that moment we see the national German spirit springing to vigorous life. Must we say that this revival was due to the French? Is it not better to describe events as they occurred, rejecting all foregone conclusions? I am quite aware of the abyss between these recent events and those of old days; but, nevertheless, I consider that Balbo was right in remarking that the fact of the origin of the communes being disputed at such length and with so much heat and learning by the two rival schools, proved that the truth was not confined exclusively to either. Accordingly, we will rapidly sum up the conclusions we deem the most reasonable.

Every one knows that, after the earlier barbarian descents, by which the Empire was devastated, and Rome itself frequently ravaged, Italy endured five real and thorough invasions. Odoacer, with his mercenary horde, composed of men of different tribes, but generally designated as Heruli, was the leader who dealt the mortal blow in 476, and becoming master of Italy for more than ten years, scarcely attempted to govern it, and only seized a third of the soil. But a new host poured in from the banks of the Danube, commonly styled Goths, and subdivided into Visigoths and Ostrogoths. The former division, commanded by Alaric, had already besieged and sacked Rome; the latter, led by Theodoric, appeared in 489, and speedily subjected all Italy. Theodoric's reign was highly praised. The chiefs of these early barbarian tribes had often served for many years in Roman legions, and had sometimes been educated in Rome. Accordingly they felt a genuine admiration for the majesty of the very empire that the heat of victory now urged them to destroy. Theodoric organised the government; and, according to the barbarian custom, seized a third of the land for his men; but he left the Romans their laws and their magistrates. In every province a count was at the head of the government, and held jurisdiction over the Ostrogoths. The Romans were ruled according to their own laws, and these laws administered by a mixed tribunal of both races. But Theodoric's government became gradually harsher and more intolerable to the Romans, so that, after his death, they revolted against his successors, and invoked the aid of the Greeks of the Eastern Empire. But revolt brought them nothing save increased suffering, inasmuch as the Goths began to murder the Romans in self-defence, deprived them of what liberty and institutions they had been allowed to retain, and organised a military and absolute government. This was the government Belisarius and Narses found established on coming from Constantinople to deliver and reconquer Italy; this was the government they copied with their dukes, or duces. The Ostrogoths had ruled Italy for fifty-nine years (493–552), and the Greeks held it for sixteen more (552–568). Theirs also was a purely martial government, under the General-in-chief Narses, but with dukes, tribunes, and inferior judges nominated by the Empire. As usual, the newcomers appropriated a share of the soil, and probably this share now went to the State. Their tyranny was different from that of the barbarians, but it was the tyranny of corrupt rulers, and therefore more cruel. The Greeks had expelled the Goths, and next came the Longobards to drive out the Greeks. They gradually extended their conquests, and in fifteen years became masters of three-fourths of Italy, leaving only a few strips of land, mainly near the sea, to the Greeks whom they never succeeded in expelling altogether. The Longobards struck deep roots in Italian soil, and dwelt on it for more than two hundred years (568–773), ruling in a very harsh and tyrannous fashion. They took a third of the land, reduced the Italians almost to slavery, and respected neither Roman laws nor Roman institutions. Beneath their sway the ancient civilisation seemed annihilated, and the germs of a newer one were prepared, although its first budding forth is still involved in much obscurity. Every controversy as to the origin of our communes started from inquiries into the condition of the Italians under the Longobard rule. If ancient tradition were at any time really broken off and replaced by a totally new one, it must have occurred under that rule. Or, if it only underwent a great change before assuming new life and vigour at a later time, the process must have dated from the same period.

Nevertheless, wherever the Byzantine domination had obtained, a feebler and more vacillating government weighed less cruelly on the people; therefore, as early as the seventh and eighth centuries, certain cities were seen to develop new life. The Commune speedily took shape, even in Rome, where the power of the Papacy, hostile to the Longobards, had greatly increased. On first coming among us, these barbarians of the Arian creed respected neither the Catholic bishops, the minor clergy, nor anything sacred or profane, and later on menaced the Eternal City itself. Accordingly, as a means of defence against the threatening enemy at his gates, the Pontiff summoned the Franks to save the Church and country from oppression. They came in obedience to this call, led first by Pepin and then by Charlemagne, who, driving out the Longobards, and fortifying the Papacy by grants of land, enabled the Pope to inaugurate his temporal dominion. In reward for this Charlemagne was crowned emperor; and thus the ancient Empire of the West was re-established by the new Empire of the Franks, to which the Holy Roman-Germanic Empire afterwards succeeded.

Thereupon the dissolution of barbarian institutions, already begun in Italy, proceeded at a more rapid pace. There was a ferment in Italian public life, heralding the approach of a new era. Institutions, usages, laws, traditions of all kinds—Longobard, Greek, Frankish, ecclesiastical, Roman—were found side by side and jumbled together. Next ensued a prolonged term of violence and turmoil, during which the name of Italy was scarcely heard. All old and new institutions seem at war, all struggling in vain for supremacy, when suddenly the Commune arises to solve the problem, and the era of freedom begins. But what gave birth to the Commune? This is the question by which we are always confronted.

It would be outside our present purpose to follow the learned scholars who have sought to deduce ingenious and complicated theories from some doubtful phrase in an old codex, or the vague words of some chronicler. It is certain that the Roman Empire was an aggregation of municipalities exercising self-government. The city was the primitive atom, the germ-cell, as it may be called, of the great Roman society that began to disperse when the capital lost the power of attraction required to bind together so great a number of cities separated by vast tracts of country either totally deserted, or only inhabited by the slaves cultivating the soil. The barbarians, on the other hand, knew nothing of citizen life, and the Gau or Comitatus (whence the term contado is derived), only comprising embryo towns, or rather villages, which were sometimes burnt when the tribes moved on elsewhere, resembled the primitive nucleus of Teutonic society. In the comitatus the count ruled and administered justice with his magistrates; the chiefs of the soldiery were his subordinates, and became barons later on. Several countships joined together formed the dukedoms or marquisates into which Italy was then divided, and the whole of the invading nation was commanded by a king elected by the people.

When, therefore, the Germanic tribes held sway over the Latin, the Gau held sway over the cities which indeed formed its constituents. And the counts, as military chieftains, ruled the conquered land, of which the victors appropriated one-third. The Goths pursued the same plan; so too the Greeks, who replaced all counts by their own duces; and so also the Longobards. Only the latter's rule was far more tyrannous, especially at first, and their history is very obscure. They began by slaughtering the richest and most powerful Romans; they seized one-third of the revenues, it would seem, instead of the lands, thus leaving the oppressed masses without any free property, and consequently in a worse condition than before. The Goths had permitted the Romans to live in their own way, but the Longobards respected no laws, rights, nor institutions of the vanquished race. On this head Manzoni remarks9 that no mention is found of any Italian personage, whether actual or imaginary, in connection with any royal office or public act of the time. Nevertheless, from absolute tyranny, and even downright subjection, to the total destroyal of every Roman law, right, and institution, there is a long step. In order to attribute to the Longobards—numbering, it is said, some 130,000 souls in all—the total extinction of Roman life in every direction, we must credit them with an administrative power, far too well ordered and disciplined, too steadfast and permanent, to be any way compatible with their condition. How could a tribe incapable of comprehending Roman life persecute it to extinction on all sides? Granting even, although this is another disputed point, that the Romans were deprived of all independent property; granting that Roman law was neither legally recognised nor respected by the Longobards, it by no means follows that every vestige of Roman law and civilisation was therefore destroyed at the time. Far more just and credible seems the opinion of other writers who have maintained that when the Longobards descended into Italy they thought chiefly of their own needs, made no legal provision for the Italians, and were satisfied with keeping them in subjection.10 Thus, in all private concerns, and in matters beyond the grasp of the barbarian administration, the conquered people could continue to live according to the Roman law and in pursuance of ancient customs. In fact, Romans and Longobards lived on Italian soil as two separate nations; the fusion of victors and vanquished, so easy elsewhere, is seen to have been difficult in Italy, even after the lapse of two centuries. So great is the tenacity and persistence of the Latin race among us, that it is easier to reduce the conquered to slavery, or extirpate them altogether, than to deprive them of their individuality. In fact, whenever, by the force of things, and by long intercourse, conquerors and conquered come into closer contact, the barbarians are unavoidably driven to make large concessions to the Latin civilisation, which even when apparently extinguished is always found to have life. How explain otherwise the gradual yielding of Longobard law to the pressure of Roman law; how explain the new species of code that gradually took shape, and was styled by Capponi an almost Roman edifice built upon Germanic foundations?

As the Longobards became more firmly established in Italy, they began to inhabit the cities which they had been unable to entirely destroy; they also began to covet real property, and accordingly, during the reign of their king Autari, instead of a third of the revenues, seized an even larger proportion of the land. This measure aggravated the condition of the vanquished on the one hand, but greatly improved it on the other, by leaving them in possession of some independent property.11 And although, as Manzoni observed, we find no royal officials, great or small, of Roman blood, it is no less certain that the Longobards, having need of mariners, builders, and artisans, were obliged to make use of Romans and their superior skill in those capacities. It was in this way that the ancient scholae, or associations of craftsmen, continued to survive throughout the Middle Ages, as we know to have been the case with the magistri comacini, or Guild of Como Masons, to whose skill the conquering race had frequent recourse. In however rough and disorderly a fashion these associations contrived to withstand the barbarian impact, they were certainly an element of the old civilisation, and kept the thread of it unbroken. Other remains and traditions of that same civilisation also clung about them; and when every other form of government or protecting force was lacking to the inhabitants of cities, these associations guarded the public welfare to some extent. Do we not find that an ancient municipality, when first left to its own resources, sometimes closed the city gates against the barbarians, and defended itself, almost after the manner of an independent state? Was it not sometimes successful in repulsing the foe? Even when conquered, trampled, and crushed, can we suppose it to have been destroyed everywhere alike, or so thoroughly cancelled from the memory of the Latins, that, on seeing it reappear, we must attribute its resurrection to Germanic tribes, to whom all idea of a city was unknown until they had invaded our soil? Did not the resuscitation of the Greek cities of Southern Italy begin as far back as the seventh and eighth centuries—namely, in the time of the Longobards—and assuredly without the help of Germanic traditions? Did not the Roman Commune arise at the same period? And if the ancient municipalities, fallen beneath the Longobard yoke, and therefore more cruelly oppressed, delayed almost four centuries longer, did they not also follow the example of their fellow-cities at last? What is the meaning of the widely spread tradition, that only in that paragon of independent, free republics, Byzantine Amalfi, were preserved the Roman Pandects, which were then captured by Pisa, and cherished as her most valued treasure? Does not the whole subsequent history of the Commune consist of the continual struggle of the re-born Latin race against the descendants of Teuton hordes? If Latin civilisation had been utterly destroyed, how came it that the dead could rise again to combat the living? Therefore, it seems clear to us that, although the Longobards accorded no legal rights to the conquered people, they could not practically deprive them of all; they either tolerated or were unaware of many things, and the tradition, usage, and persistence of the race kept alive some remnants of Latin civilisation. Thus alone can it be explained how, after enduring a harsh and long-continued tyranny that apparently destroyed everything, no sooner were a few links snapped off the strong, barbaric chain, by which the Italian population was so straitly bound, than Latin institutions sprang to new life, and regained all the ground they had lost.

Barbarian society, both in form and tendency, was essentially different from the Latin. Its predominant characteristic was the so-called Germanic individualism, as opposed to the Latin sociability. We note a prevalent tendency to divide into distinct and separate groups. As a body, it no sooner lost the force of cohesion and union induced by the progress and rush of conquest, than it immediately began to be scattered and disintegrated. Owing to their nomadic and savage life, as well as to the blood in their veins, the barbarians seemed to have inherited an exaggerated personality and independence, making it difficult for them to submit for long to a common authority. Thus, when peace was established, germs of enfeebling discord soon appeared among them. In fact, when the Longobards had completed the conquest of nearly the whole of Italy, they divided the land into thirty-six Duchies, governed by independent dukes enjoying absolute rule in their respective territories. Under the dukes were sometimes counts, residing in cities of secondary importance, and at the head of the comitati; while still smaller cities were often ruled by a sculdascius, or bailiff. Both dukes and bailies administered justice according to the Longobard code, together with the assistant judges, who, under the Franks, developed into scabini, or sheriffs. Little by little military leaders gained possession of the strongholds, and subsequently became almost independent chiefs. Then, too, the royal officials, styled gasindi, likewise exercised great power. And even as the dukes finally asserted their independence from the king, so counts and sculdasci sought emancipation from the ducal sway, although without immediate success. In the first century, after the conquest, there was no law, no recognised protection for the vanquished, nor was the authority of the bishops and clergy in any way respected. The history of the Longobard rule shows it to have been so tremendously oppressive as to apparently crush the very life of the people, so that even at the most favourable moments no serious revolts were attempted. Even the example of the free cities in the South failed to excite them.

Nevertheless, as we have already noted, the Church, having gained meanwhile a great increase of power, refused to tolerate the pride and arrogance of barbarians who showed her so little respect. Hence the Pope resolved to expel these strangers by the help of others, and called the Franks into Italy. Charlemagne, the founder of the new Empire, could not regard the Latins, to whom the growing civilisation of his states was so much indebted, with the inextinguishable barbarian contempt felt by the Longobards. He sought to extend his conquests and his power. He wished to assist the Pope, in order to be consecrated by him and obtain his moral support. Therefore he came to Italy, and the already disintegrated Longobards could ill withstand the firm unity of the Franks, strengthened as it was by the prestige of his own victories. In vain the Longobards had already chosen and sworn fealty to another monarch; in vain they prepared for defence. After two hundred and five years of assured and almost unchecked domination, their kingdom was overthrown for ever. In 774 Charlemagne became master of Italy, and in the year 800 was crowned emperor by the Pope in Rome. Thus the Western Empire became reconstituted and consecrated in a new shape, entirely separate and independent from the Empire of the East. The Franks deprived the Longobards of all their dominions, excepting the Duchy of Benevento in Southern Italy. The power of the Pope was greatly increased by his assumption of the right of anointing the emperor, who rewarded him with rich donations and promised additions of territory. Rome, however, was ruled as a free municipality; and Venice, after the manner of the Greek cities in the South, had already asserted her freedom. Such was the state of Italy after the last barbarian invasion—that, namely, of the Franks.

As usual, the new masters appropriated one-third of the land; but the condition of the natives was now decidedly changed for the better. Roman law was recognised as the code of the vanquished, and this is an evident sign that it was never entirely obsolete during the two centuries of Longobard rule. Charlemagne greatly improved the condition of the Latins, and sometimes promoted them to honours, i.e., to offices of royal appointment. But the special characteristic of his reign in Italy was the new hierarchy he established there. He destroyed the power of the dukes, whose attitude was too threatening to the unity of the Empire, and raised instead the position of the counts. Even in the Marches, or border-provinces, he retained no dukes, but replaced them by marquises (Mark-grafen, Praefecti limitum). In this manner the ancient unity of the comitatus, or Gau, became likewise the basis of the new barbarian society. Nor did Charlemagne stop at this point, but began to distribute offices, lands, and possessions in beneficio—i.e., in fief—and therefore on condition of obligatory military service. This proved the beginning of a social revolution, possibly originated at an earlier date, but now carried to completion under the name of feudalism. Not the emperor only, but kings, counts, and marquises also granted lands, revenues, and offices in fief, in order to obtain a sufficient supply of vassals. Thus an infinite number of new potentates was created: vassalli, valvassori, and valvassini, the latter being lowest in degree. Gradually the whole society of the Middle Ages took a feudal shape; the recipient of a grant of land was bound to yield military service, at the head of the peasants employed on his ground. Similar privileges, similar obligations, accompanied every donation of land or bestowal of office; for even official posts were generally supplemented by a concession of land or of revenue. Thus the Germanic tendency to division and subdivision in small groups was satisfied, while, at the same time, the Empire, the cities, and even the Church itself, assumed a feudal form. The bishops in their turn soon began to possess benefices, and gradually rose to increased power, until we find them in the position of so many counts and barons. Both in their own persons, and those of their subordinates, they enjoy immunity from ordinary laws and tribunals—an inestimable advantage, serving to enhance their independence and unite large clusters of population beneath their sheltering sway. Feudalism, accordingly, is a new order, a new and thoroughly Germanic aristocracy, yet at the same time it is the root of a veritable revolution in barbaric society, the which revolution will continue to grow and extend through many vicissitudes. Step by step the Crown will begin to exempt the benefices or fiefs of the vassals from subjection to the count, and will then declare them hereditary by means of a series of laws, all designed for the purpose of irritating the lesser potentates against their superiors, and of giving increased strength to the royal authority; but which served, on the contrary, to open a way of redemption to the downtrodden people. All this, however, was still unforeseen in the days of Charlemagne. He organised the feudal system, and kept his realm united and flourishing, although soon after his death (814) the Empire was split into several kingdoms.

The rule of the Franks in Italy lasted to the death of Charles the Fat, in 888. And throughout this rule of 115 years, the revolution to which we have alluded was steadily making way. On all sides the number of benefices or fiefs continually grew, and year by year exemptions increased at an equal rate. These were conceded more easily to prelates than to others, since when laymen received benefices they were entitled to leave them to their heirs, and thus became inconveniently powerful. This state of things proved very favourable to cities in which bishops held residence. At first the count was sole ruler of the city, save the portion appertaining to the Crown, and called gastaldiale, as being under the command of a gastaldo, or steward; then, as the power of the bishop increased, another portion was exempted from the count's jurisdiction, as being vescovile, i.e., the property of the bishop. Step by step this portion was enlarged until it included nearly the whole of the town: many cities, in fact, were ruled solely by the bishop. Thus the fibres of barbarian society were weakened, and we might almost say unknit, by a method that would have served to keep it in subjection to the supreme authority of the monarch, but for the fact that the people, deemed to be dead, was not only breathing, but on the point of asserting its strength against nobles, kings and emperors, prelates, and Popes.

Two revolts in the cause of liberty successively took place, and both began under the Carlovingians, and continued during the reigns of their successors. The first enervated and enfeebled the barbarian society to which the soil of Italy was so ill suited; the second prepared the way for the rise of communes. With the death of Charles the Fat the rule of the Franks lapsed, and barbarian invasions likewise ceased. The Germanic tribes had settled down on Italian soil and were becoming civilised. Nevertheless, Italy had still to pass through a string of revolutions and years of ill fortune. At the dissolution of the Empire of the Franks, certain counts and marquises, especially the latter, who, by the union of several counties, had gained the power of dukes, were found asserting extravagant pretensions, even endeavouring to form independent states, and often with success. To this day, in fact, there are reigning families descended from Frankish marquises and counts. To compass their destruction benefices and immunities had been granted in vain: their power was not to be so easily extinguished. For, even in Italy, where, owing to the different character of the country, the ancient civilisation had tenaciously lingered on, and now began to awake to new life, and where, too, the Papacy and the Greeks of Byzantium had impeded the absolute triumph of Germanic institutions, feudal counts and marquises now arose to contest the crown. Next followed long years of renewed devastation and conflict, ending by the crown being retained in the grasp of German emperors and kings. The first wars and quarrels were carried on by Berengarius of Friuli and Guido of Spoleto, with other Italian and foreign nobles, a German king, two Burgundian monarchs, and finally by King Otho of Germany, who remained victor. It was during these seventy odd years of continued strife that Italian kings first reigned in Italy, though with an always uncertain and disputed rule. Then came a forty years' peace (961–1002), during which Otho I., II., III. reigned in turn, and another Italian marquis, Hardouin of Ivrea, disputed the crown of Italy with the German kings. But in 1014 Hardouin was vanquished by Henry of Germany, surnamed the Saint, to whom succeeded Conradin of the Franconian or Salic dynasty.

These two German sovereigns completed the feudal revolution, already mentioned by us, the which, begun by the Carlovingians, and continued by the Othos, had failed nevertheless to assure the supremacy of kings and emperors over Italy. But, at all events, seeing that the Othos had purposely exempted numerous lesser vassals from rendering allegiance to the counts and barons, and had accorded many cities to prelates; also seeing that the renascence of communes was considerably promoted by all the aforesaid exemptions, some writers conceived the idea that this renascence was chiefly owed to the initiative of the Othos. But these emperors had a very different aim in view, and had failed to achieve it. They sought to undermine the strength of all possible assailants of the Crown, when threatened by revolts such as that of the Marquis of Ivrea. For this reason Henry the Saint continued to favour the greater feudatories at the expense of "holders of honours"—that is to say, of counts and marquises—and in fact almost annihilated the latter class. Conradin the Salic carried out the scheme more completely, by favouring even the minor feudatories and making benefices hereditary. From that moment the victory of the German sovereigns over the feudal lords was assured; for vassals once rendered masters of their fiefs owed obedience to the Crown alone, and thus the pride of the great nobles was permanently abased. Not so the new popular pride, which had grown to be a power unawares.

Accordingly, we find a multitude of facts showing that the condition of the Roman race was continually improving; that feudal society, by the action of its own sovereigns, was daily losing substance and strength; that as the Latin civilisation revived by the natural force of events, it changed, assimilated, and absorbed the principles of Germanic society. Even before the two races came into conflict, the traditions of the conquered had frequently combated and overcome those of victors. The latter, indeed, had already accepted the Roman law to some extent, when the once subject race pleaded the sanction of their municipal statutes.

Italians were in a state of ferment and of radical transformation when the first signs of a revival of the communes appeared. Neither the barbarian rule nor the Empire had ever really mastered the social order of the peninsula; and exactly when feudalism was first founded and seemed likely to spread everywhere and assure the quiet supremacy of the emperors over Italy, fresh causes of peril and strife suddenly sprang into existence. Papacy and clergy attained to loftier and more menacing power; the immunities lavished on prelates, from dread of the laity, rendered them temporal potentates dependent on the emperors, while as spiritual dignitaries they owed obedience to the Pope: thus practically enjoying a double investiture. This led to much disorder and scandalous corruption in the Church, since prelates were converted into feudal lords, holding sway over cities, making war on other territories, keeping open court, and indulging in every worldly pleasure. The Popes wished to re-establish discipline, to maintain absolute rule over the bishops, and nominate them unhindered; but this was opposed by the emperor, since the temporal authority of the prelates made them logically subject to his rule as well. Thus began the famous war of investitures between the Papacy and the Empire, the issue of which was so long undecided. Meanwhile neither the Church, the Empire, nor the feudal system could obtain complete mastery over the social movement, and the confusion was increased by their continual disputes. This state of things weakened even the authority of the prelates; and then the communes, having necessarily learnt the art of self-government during the period when dioceses were left vacant, having noted the prosperity of the Southern republics, and found their strength increased by the extension of commerce and the feudal disorganisation, finally saw that the moment to achieve freedom had arrived. Even in cities ruled by lay nobles, things followed the same course, since to side either with the Empire or the Church always served to excite much enmity against those in power, and procured many allies for the weaker party.

Accordingly the eleventh century witnessed the arisal of communes throughout Italy, and the joy of independence once realised, it was impossible to return to a state of vassalage, whether under bishops, counts, or the Empire itself. At first these communes were hemmed in on all sides by a vast number of dukes, counts, and barons of various degrees of strength, inasmuch as the feudal order was still very powerful and still supreme in all country districts. Of German descent and trained to arms, these nobles fought in their own interest, although nominally for the Empire and its rights, against the new communal order that suddenly faced them with such menacing strength. They swooped down from their strongholds to bar the trade of the towns; they levied tolls, threatened violence, and tried to treat free men as their vassals. Thereupon the indignant citizens were stirred to vengeance from time to time, and often ended by razing great fortresses to the ground. On the other hand, the nobles still remaining in the cities became wearied of living among men who no longer respected the distinctions of class or race, and often departed to rejoin their friends. They frequently emigrated in such numbers that the citizens suffered injury by it, and issued decrees forbidding their exodus. The Pope gave encouragement to the communes, because the reduction of his prelates' temporal power did not displease him, and the abasement of the Empire was indispensable to his aims. Thus the struggle of the working classes against feudalism finally began, and with it the real history of our communes.

But it should not be thought that the Commune arose to champion the rights of man or in the name of national independence. Nothing of the kind. The Empire was still held to be the sole and universal fount of right. Almost to the close of the fifteenth century, in fact, all cities, whether Guelph or Ghibelline, foes or friends of the Empire, continued to indite their State papers in its name.12 The revived republics always acknowledged its supremacy, and their own dependence, almost, one might say, as though in claiming a new and more general exemption, they only sought to be, as it were, their own dukes or counts. They combated the nobles and combated the Empire; but victory once assured, they recognised the authority of the emperor, and prayed him to sanction the privileges they had won. Nor was the destruction of the Empire at any time desired by the Popes; its protection was often indispensable to them, and they too recognised it as the legitimate heir of ancient Rome, and consequently as the only source of political and civil rights. Their purpose was to subject the temporal to the spiritual power. Therefore, during the rise of the Commune, theocracy and feudalism, Papacy and Empire, still subsisted together and always in conflict. The Commune had to struggle long against obstacles of all kinds; but it was destined to triumph, and to create the third estate and people by whom alone modern society could be evolved from the chaos of the Middle Ages. This constitutes the chief historical importance of the Italian Commune.