But the portion of the plan that most interests us is the administrative. In the general government, the obnoxious senate was retained, and formed a very injurious barrier between the subjects and the throne, generating petty cabals, and assisting in keeping up that tendency to secrecy and plotting which had been triumphant under the Spaniards. In the provincial government, the leading principle was, to subject everything in the last instance to the control of the boards of administration at Milan, while the immediate administration of every province was put under a delegate appointed by the sovereign; although, at the same time, a considerable part of the actual management was consigned to a provincial council established in every chief city. The local statutes of the old republics or petty principalities, which it was not in all cases considered safe to touch, created many diversities in the execution of this plan; but the general rule was to introduce in the provincial councils members of three orders: the representatives of the cities, who were nobles, and elected by their own class in each town; the representatives elected by the landholders of the province; and the mercantile men who represented, and were elected by, the corporation of merchants. The council so formed devolved its ordinary powers on a committee of its own body, called the prefects of government. Communal councils were also instituted, according to regulations laid down in a prolix code. Each of them administered the patrimony of the commune, under the presidency of a chancellor appointed by the sovereign. Their own members were five for each commune: three representatives of the landholders, one representative of the mercantile body, and one representative of those who were subject to the capitation-tax. They were elected annually in a meeting of all the landholders rated on the books for the land-tax; soldiers and churchmen, however, being ineligible. The same constituency also elected the consul, who was an inferior criminal judge, and the syndic, who had dignity without any real duties.
An Italian Peasant, Close of the Eighteenth Century
Joseph, seconded by his excellent viceroy Count Firmian, under whom served Verri, Carli, Neri, and other enlightened Italians, followed out the plan of amelioration which had been thus delineated for him. He improved the courts of justice and the judicial procedure, especially in criminal causes, abolishing, at the suggestion of Beccaria, torture and secret trials. He annulled or diminished the most vexatious of the feudal privileges, and imposed checks on the perpetual destination of estates. He patronised agriculture, and extended commerce and manufactures by the construction of roads, as well as by the abolition of some remaining imposts and restrictions. When the death of his mother, in 1780, freed him from her remonstrances on ecclesiastical matters, he commenced with his accustomed impetuosity a series of changes in that department, which Pius VI considered so dangerous that he made a fruitless journey to Vienna in the hope of procuring their repeal. The most material of those measures were the following: all dissenters were to enjoy toleration; the bishops were forbidden, as they had already been forbidden by other princes, to act upon any papal bull but such as should be transmitted to them by the government; the monastic clergy were declared to be dependent, not on the general of their order who lived in Rome, but directly on the resident bishop of the diocese within which their cloister was situated; lastly, all nunneries were suppressed, except those which pledged themselves to occupy their members in the education of the young. The emperor’s death interrupted the consolidation of his famous system for giving uniformity to his system of government throughout all the Austrian dominions. The decree of 1786, which promulgated this new constitution, divided the Italian provinces into eight circles, in each of which the local administration was to be vested in a chamber closely dependent upon the government. This departure from the late arrangement created in Lombardy universal discontent.
Sometimes unjust and cruel, often misjudging and imprudent, always headstrong, passionate, and despotic, doing good to his subjects by force, and punishing as ungrateful all who refused to be thus benefited, Joseph was an unconscious instrument in the hand of providence for advancing in southern Europe the great revolution of his time. One inveterate evil was extirpated, that another might be substituted for it, which, being less deeply rooted, was destined in its turn to wither and die away. “At length,” said a noble-minded Italian in the last stage of the emperor’s reign, “the obstacles which hindered the happiness of nations have mainly disappeared. Over the greater part of Europe despotism has banished feudal anarchy; and the manners and spirit of the times have already weakened despotism.”
The reforms in the grand duchy of Tuscany went infinitely further than those of Joseph and his mother in the provinces of the Po. They were commenced during the life of Francis, by the prince of Craon, his viceroy at Florence; and the plan was formed, even thus early, for consolidating into one common code all those contradictory laws which, subsisting in the old Tuscan communities, had been maintained since the subjection of all to the duchy. But it was reserved for younger hands to construct this noble edifice.
Till we reflect that Leopold’s scheme of legislation for Tuscany was devised and executed long before that change of opinions which the French Revolution diffused through the whole of Europe, we are not fully aware how very far he stood in advance of his age. In his new code the criminal section was especially bold, inasmuch as it swept away at once torture, confiscation, secret trial, and even the punishment of death. Imprisonment for debt, forbidden by one of his laws unless the claim exceeded a certain amount, was afterwards abolished altogether. All privileged jurisdictions were destroyed, and the public courts fortified in their independence and authority. Restrictions on agriculture were totally removed; and large tracts of common were brought into cultivation by being divided among poor peasants in property, subject only to a small crown-rent. The grand duke discontinued the ruinous system of farming out the taxes; he diminished their amount, and abandoned most of the government monopolies. Notwithstanding, he was able, before he left Italy, to pay off the greater part of a large national debt; for, under his new system, and especially through the absolute freedom which he allowed to commerce, industry flourished so wonderfully, that his revenue suffered hardly any diminution.
Leopold’s ecclesiastical reforms were equally daring, and gave deep offence to the papal government. They were chiefly designed for improving the condition of the parochial clergy, and for curbing the monastic orders. He suppressed the Inquisition; he imposed severe limitations on the profession of monks and nuns; he made the regular clergy dependent, not merely (as his brother had done) on their bishop, but directly on the priest of the parish; he taxed church-lands like those belonging to laymen; he even seized arbitrarily several large estates which had been destined to useless ecclesiastical purposes, and applied their proceeds towards increasing the insufficient incomes of the priests in rural parishes. This step, as well as several others, formed parts of his great scheme against tithes, of which he gradually introduced a general commutation.
In the system which this great man enforced there were unquestionably many defects. There was something (though not much) of his brother’s hasty disregard for obstacles arising from foreign quarters; a fault which made his scheme for free trade in some respects injurious to his subjects, and forced him in his later years to resume a few restrictions. There was a disposition to overstrain the principles of reform, manifested when he totally abolished trading corporations, or when, in the last year of the period, he annulled at a blow all rights of primogeniture, and all substitutions in succession to land. There was a jealous watchfulness over details, a temper exceedingly useful but very irritating, which displayed itself with equal force in the severe system of police, and in the curious circular letter which he addressed to the nobles, requesting that their ladies might be made to dress more economically. There was some fickleness of purpose, though much less than those have believed, who forget the existence of that chaos of local laws and privileges, through which he had for years to pilot his way, embarrassed, misled, and thwarted at every step. Lastly, there were two absolute wants. Leopold did not, because in a single generation he could not, renovate the heart and mind of his people; and therefore the degenerate Florentines murmured at his strictness of rule, and ridiculed his personal peculiarities. He did not give to his subjects a representative constitution; and therefore his fabric of beneficent legislation crumbled into fragments the moment his hand ceased to support its weight.
