Europe in the Sixteenth Century 1494-1598 Part 37

III. Foreign Affairs were in hands of--

(1) Dieci di Guerra--called later Dieci di liberta e Pace--first appointed 1423.

(2) Two Councils, which considered the bills concerning foreign affairs before they went to the ordinary Councils.

(_a_) _Consiglio del Dugento._--Two hundred of those who had held the highest offices of State.

(_b_) _Consiglio Centotrentuno,_ 131 (the Signory, Captains of Guelph Party, Ten of War, Councils of craftsmen, Consuls of Guilds, and forty-eight citizens).

IV. Legislation after 1328.

A Law approved by the College went to--

1. The Two Councils of the Capitano del Popolo.

(_a_) Consiglio di Credenza or del Cento, 100 officials of guilds, sometimes called Senate, often disregarded. Cf. Nardi, 1, 4 (b). Symonds, _Age of Despots_, p. 530.

(_b_) Consiglio del Popolo, 300 originally chosen from the greater Arts--later from others as well, renewed every four months.

2. The Two Councils of the Podesta.

(_a_) A special Council of 90.

(_b_) The larger Consiglio del Podesta or del Commune, some 390. This contained judges and law officers (and therefore n.o.bles, since n.o.bles could hold these offices), as well as popolani, and were renewed every four months.

Finally, a law having pa.s.sed these Councils had to be submitted to a General Council of them all.

The Signory and the colleagues _ex officio_ were members of these Councils.

_System of voting._ By ballot. Black and white beans. Black = yes, white = no. ? of black beans necessary to carry a question.

Tenere le fave or il part.i.to = To vote no.

Rendere le fave or il part.i.to = To vote yes.

L'autorita dei sei fave = Majority of ? in Signory.

(6 out of 9.) Il piu della fave = ? of votes.

V. Justice.

=1.= _Court of Capitano del Popolo_--a paid officer--must be a foreign n.o.ble and lawyer. Exercised summary criminal jurisdiction, especially over Plebs.

=2.= _Court of Podesta_--a paid officer--must be a foreign (Italian) n.o.ble and lawyer. Exercised higher civil and criminal jurisdiction.

=3.= _Executor of Justice_--a paid officer--must be a popolano and a Guelph and a foreigner. Exercised summary jurisdiction, especially over n.o.bles.

All these held office for six months.

=4.= _Casa della Mercatanzia._ A tribunal for decision of Commercial Cases, which also acted as a Board of Trade.

=5.= _Otto di Balia e Guardia_, nominated by Signory, held office for four months.

A court of appeal from Court of Podesta and with powers of police.

The Signoria and the Otto had power to execute, banish, or imprison any citizen.

VI. Mode of Appointment to Chief Magistracies.

Originally elected by the Councils, but subsequently this replaced by system of 'lot.'

For each office a purse (borsa), was formed every three or five years of all citizens eligible to said office, and names were drawn out of this purse.

In case of Priors, fifty wax b.a.l.l.s, each containing eight names (six from Arti Maggiori, two from Minori), were put in the purse, and then a ball was drawn out.

_Eligibility_ (Benefiziati, the Eligible).--This was decided by a Squittino (Scrutiny) conducted by a board--and persons could be considered ineligible 'messo a sedere,' for the following reasons (the disenfranchised 9000 out of 100,000):--

=1.= (_a_) _Grandi._--By Ordini della Guistizia, 1293, n.o.bles could not be members of the Signoria or of the Collegi or of Consiglio del Popolo until 1434, when Cosimo allowed them to enter Guilds.

(_b_) The Plebe or Ciompi, all not members of Guilds.

(_c_) Inhabitants of Contado, country districts.

=2.= _Ammonito._--'Warned' for any political offence, _e.g._ being a Ghibelline, and denounced by the Capitano del Parti Guelfa; disqualification for life or shorter time. This system carried to great extravagance. 'Hast thou no enemy? Consent to admonish mine and I will do the same by thine.' Cf. Napier, ii. 235.

=3.= _Moroso di Specchio_ (mirror).--One who had not paid his taxes. (_Netto di Specchio_, freed from this ineligibility.) By law of 1421, taxes must have been paid for thirty years by self, father and grandfather.

=4.= _Divieto_ (prohibited).--Even after names were drawn a man might be disqualified because he or a relation had recently held office--'veduto ma non seduto.'

The members of the board bound to secrecy, but

(1) As the period for which the purses had been made up drew to its close, it became possible to guess who would be the coming magistrates, and there were charlatans who pretended to foretell this.

(2) The members of the boards of scrutiny were bribed to divulge the names who would be drawn.

_Legalised Revolution._--At times of crisis the Signoria would summon a Parlamento nominally of the whole citizens, but generally only of party adherents, who granted exceptional powers (Balia) to a certain number of citizens.

The _Balia_ (1) could alter the const.i.tution.

(2) Appointed Accopiatori (couplers or joiners) who selected those eligible to office, and sometimes nominated the officials, _i.e._ appointed 'a mano'

instead of 'a sorte.'

In 1459 (under Cosimo) a council of 100 was inst.i.tuted to elect the Accopiatori.

Florence enjoyed political, but _no_ civil liberty.

(1) Powers of magistrates unchecked.

(2) No appeal from Law Courts. Arbitrary Jurisdiction.

(3) No liberty of Press.

CHANGES IN THE CONSt.i.tUTION.