VARIOUS REMAINS DISCOVERED IN THE MERCATO VECCHIO OF FLORENCE.
(Now in the Etruscan Museum.)
[To face page 1.
INTRODUCTION.1
I.
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