IV.
With all these advantages, had the nobles been united, they might have regained their position even after the defeats of '66 and '82 and succeeded in dominating the people. But they were divided, and hotly at strife even among themselves. "There was much warfare" (Villani says) "between the Adimari and Tosinghi, between the Rossi and Tornaquinci, between the Bardi and Mozzi, between the Gherardini and Manieri, between the Cavalcanti and Buondelmonti, and likewise between certain of the Buondelmonti and Giandonati; between the Visdomini and Falconieri, between the Bostichi and Foraboschi, between the Foraboschi and Malespini, and among the Frescobaldi themselves, and between the members of the Donati family, and also among those of many other houses."[430] Nor is it surprising that such strong and powerful cliques should have felt jealous of one another. Added to this, the Guelph nobles included the remains of the Ghibelline party, which cherished Imperial tendencies; thus another germ of discord was sown that encouraged and excited the people to prosecute the war of extermination it had already set on foot. The popular party was far better organised and united; it was banded in various guilds forming part of the general constitution of the State, and on every occasion showed an energy and singleness of purpose never possessed by nobles. It is true, that even at this juncture, some seeds of jealousy were beginning to be discernible between the greater and lesser guilds and the populace; but open discord was long delayed. For the moment there was no hint of it. Certain special conventions, drawn up in regular documentary form, had been arranged between the members of one or more of the guilds, and these agreements were designated at the time Legbe, Posture, or Convegni. But their object was chiefly commercial, being designed to keep the price of certain commodities up to a forced standard, and create illegal monopolies, and was seldom the result of political interests or animosities. They were not sanctioned by law, they certainly did not promote concord, but their importance was slight.
Thus the city became increasingly divided and subdivided into groups, and was apparently in danger of falling to pieces. The lower classes were still undoubted rulers of the government, but the nobles were also powerful, if in a different way; hence unity and concord were continually and seriously imperilled. Necessarily, therefore, the chief aim to be pursued, in order to avert a catastrophe, was the attainment of greater equality among the citizens, of greater union and strength in the various societies as well as in the government itself. In fact, for a long time past, Florentine legislation and successive revolutions had alike kept this object in view. The law of August 6, 1289, abolishing serfdom in order to emancipate the peasantry, was also another step towards equality. Those of June 30, and July 3, 1290, prohibited all agreements in any way opposed to the lawful constitution of the guilds. The law of January 31, 1291, imposed a fresh check on the nobles, by obliging all citizens, without any exception, to submit to the jurisdiction of the regular courts, and decreeing the severest penalties on any one asserting, or trying to obtain, the privilege of trial by special tribunals.[431]
But a more notable point is the fact that every fine decreed in such cases fell upon the fellow-associate or relation of the criminal, should the latter contrive to evade justice. However strange this rule may appear to the modern mind, its explanation is to be found in the account we have already given of the mode in which property was held at the time, and of the constitution of families and associations. When almost the whole of the patrimony was shared by the family in common, it would have been very difficult, and even dangerous, to inflict a fine on any one member of the house while exempting the rest, and for this reason the invariable tendency of the law was to insist on their solidarity. This principle seemed still more logical when it was a question of inflicting fines on nobles banded in closely united associations, and who, keeping all their interests in common, decided on acts of vengeance, and proved their intention of holding all things in common and dividing one another's responsibilities. Where property belonged to the whole family, it was only just that the whole family should be liable for the fine; where an act of vengeance was done in common, and the gravest offences committed in the name, and with the sanction, of the whole kindred, there could be nothing extraordinary in the law compelling one associate or kinsman to be mulcted in lieu of another, beginning with his nearest relations. Precisely for these reasons, it had long been customary in drawing out the list of the nobles, for the law to compel the said nobles to sodare, that is, to compel every one of them to stand surety not merely for himself alone, but also for his relations, by depositing the sum of two thousand lire. In this way, since money-penalties seldom exceeded the said amount, whenever a noble was fined he could use the money he had already deposited, or it could be employed for the same end by the kinsman bound surety for him, in case he should have escaped or contrived to evade the law by some unauthorised device.[432] These were exclusively and precisely the principles upon which the Enactments of Justice were also founded. Accordingly it is impossible to consider them the personal invention of Giano della Bella, seeing that they were merely a logical consequence and natural result, inevitably evolved from preceding revolutions, institutions, and laws. Indeed, for the most part they only sum up and arrange older laws, so as to accentuate more plainly their primary and enduring intent.