-t date mmped below SOUTHERN BRANCH UNIVERSITY OF GAUF^RNiA LIBRARY L.OS ANGELAS. CALIF. SIENA SIENA THE STORY OF A MEDIEVAL COMMUNE WITH ILLUSTRATIONS AND MAPS NEW YORK CHARLES SCRIBNER'S SONS MDCCCCIX 7 7 1 o 8 -. \J >.-/ COPYRIGHT, 1909. BY CHARLES SCRIBNER'S SONS Published March, 1909 URL 35 35 PREFACE THE persistent interest manifested by the public in the story of the Italian communes will, I hope, make an apology for the present book on Siena unnecessary. The method which I have pursued, however, as well as my general purpose, require ^ a brief explanatory statement. ^ Though availing myself, to the best of my ability, of the v \ work of my many predecessors in this field, I have constantly striven to arrive at an independent view of every circumstance of Sienese history by a personal study of the sources, both printed and unprinted. But while my critical method was as severe as I could make it, during the labors of composition I ^ v kept in mind a prospective audience, composed, not of a small group of specialists, but of that larger body of men and women who constitute a spiritual brotherhood by reason of their com- mon interest in the treasure of the past. My book addresses itself frankly to the general reader. A considerable and flourishing group of historical students would have that im- portant, though alas! often mythological, member of the com- monwealth wholly ignored, on the ground of his being as in- capable of raising himself to the level of the high concerns of scholarship as he is unworthy to receive its benefits. I ven- ture to differ with this opinion, and make bold to affirm my belief that scholarship practised as the secret cult of a few initiates, amidst the jealous and watchful exclusion of the public, may indeed succeed in preserving its principles from contamination, but must pay for the immunity obtained with the failure of the social and educational purposes which are its noblest justification. vi PREFACE Whoever is not fundamentally hostile to the popularizing function of scholarship which I have just expounded will not quarrel with my system of notes and references. Having the general reader in view, I considered it highly important not to confuse or irritate him with the distracting rumble of a vast accompanying apparatus. I determined on a minimum in this respect a minimum to be determined by two, as I thought, simple and intelligible criteria. In the first place, I was resolved that my references should be complete enough to enable the scholar to possess himself, in a general way, of my equipment and to test the accuracy of my procedure, and further, I wished to supply the general reader, who might desire to enlarge his information on any matter touched upon in the text, with a convenient list of references. The carrying of this plan to its logical conclusion seemed to call for a cata- logue of all the printed works mentioned in the footnotes. This catalogue will be found at the end of the book in the form of an appendix. Of course it lays no claim to being a com- plete bibliography of the subject. It remains to say a word as to the plan and contents of my book. I have not written a political history of Siena. To be sure, I have dealt with the political evolution of the commune, but only as one, though an important, phase of the larger problem of its civilization. On this point, on the civilization of Siena, I have concentrated all my efforts. Starting with the simple fact that this town of southern Tuscany, in the period of its freedom, erected for its comfort and delight a diversified, engaging, and wholly distinctive house of life, I determined to illuminate this attractive edifice from as large a number of angles as possible. As soon as my object had thus clearly defined itself, I could not fail to discover that a topical treat- ment of the material was better suited to my ends than a strictly chronological one. The latter system would have re- quired the steady following of a score of paths, coupled with PREFACE vii the perpetual retention in my hands of a hundred interwoven threads. I preferred the plan of following through a series of selected threads in the order in which I took them up, and of meeting the requirements of unity by an occasional chapter weaving my constituent elements into a connected whole. By isolating for examination the nobles, the clergy, the merchants, and the other classes of the commonwealth, by following sepa- rately the developments of public and private life, by review- ing the achievements of the various arts, I have, as it were, delivered to my reader the small colored cubes, which of their own accord should fall into suitable relations, achieving the end I had in view as complete a mosaic of Sienese culture as was possible within the compass of a single volume. But even should I have attained this purpose, I should not feel that I had reached my ultimate goal, unless I had suc- ceeded in still another matter far more difficult and subtle, and had brought out clearly and convincingly that the achieve- ments of Sienese civilization are nothing but the successive emanations of a town personality, which, though unseen and intangible, was and remains more real than its surviving monu- ments of brick and stone. The Siena of the Middle Age, in spite of its narrow limits, was a nation, and had a distinctive soul as certainly as any nation which plays a role on the political stage of our own day. Shy as a swallow this im- perishable personality still flits over the hills among the silvery olives, or in the purple dusk wanders like a stray wind among the narrow streets. As the one gift utterly worth giving, I would fain hope that I had disclosed to the reader something of the charm and diffused fragrance of this local spirit, in- tegral and indestructible part of the eternal spirit of truth and beauty; failing in this, I have failed in the most essential part of my task, and must consider myself to be making a poor return for the generous hospitality of which, during many years and at various seasons, I have been the grateful recipient. For viii PREFACE Siena still has the large heart which, according to an old in- scription on Porta Camellia, swings as wide open to the stranger as the gate whereby he enters: cor magis tibi Sena pandit. Not to have stamped upon a book dealing with the City of the Virgin a likeness, in some degree, at least worthy of its past and present, is to invite the oblivion which is the wage of incapacity. CONTENTS CHAPTER PAOB I THE ORIGIN OF MEDIJEVAL SIENA i II THE FEUDAL AGE AND THE EMERGENCE OF THE FREE COMMUNE 29 III THE SIENESE CHURCH 72 IV THE BURGHERS 95 V THE LAWS AND INSTITUTIONS . . . .127 VI THE RIVALRY WITH FLORENCE .... 149 VII THE CIVIL STRUGGLE OF THE FOURTEENTH CEN- TURY: THE NINE, THE TWELVE, AND THE REFORMERS 192 VIII THE SIENESE CONTADO 229 IX THE RELIGIOUS SPIRIT AND SAINT CATHERINE . 25 ^ X THE Civic SPIRIT AND THE BUILDING OF THE CITY 275 XI THE ARTISTIC SPIRIT AND THE ADORNMENT OF THE CITY 309 XII MANNERS AND PASTIMES; LITERARY AND IN- TELLECTUAL ACTIVITY 337 XIII SAN GALGANO: THE STORY OF A CISTERCIAN ABBEY OF THE SIENESE CONTADO. . . 361 v XIV THE TWILIGHT OF SIENA 387 BIBLIOGRAPHY 423 INDEX 427 ix LIST OF ILLUSTRATIONS View of Siena from the Public Gardens . Frontispiece PACING PAGE The Abbey Church of Sant' Antimo . . . .12 Interior view. Picture of a monk of S. Galgano 24 From a book-cover in the Archivio di Stato. Before the Fortress of Montalcino ..... 42 La Rocca di Tintinnano or La Rocca d'Orcia . . 48 The House of Saint Catherine ..... 74 Fonte Branda 84 Saint Catherine . 98 By Andrea Vanni (in the Church of San Domenico). The Duomo Nuovo . . . . . . .no Interior view of the Cathedral . . . . .124 General view of the Cathedral ..... 134 The Palazzo Pubblico 142 View of the Campo from the Tower of the Cathedral . 152 The Palazzo Buonsignori . . . . . .166 The Palazzo Tolomei . . . . . . .172 Fonte Ovile . 184 Jacopo della Quercia's fountain before its removal from the Campo 200 Porta Romana ........ 212 The Palazzo Piccolomini ...... 224 The Ancona 232 By Duccio (in the Opera del Duomo). xii LIST OF ILLUSTRATIONS FACING PAGE The Majestas ........ 244 By Simone Martini (in the Palazzo Pubblico). Guidoriccio da Fogliano 256 By Simone Martini (in the Palazzo Pubblico). Allegory of Good Government ..... 256 By Ambrogio Lorenzetti (in the Palazzo Pubblico). Detail Guidoriccio da Fogliano ..... 260 By Simone Martini (in the Palazzo Pubblico). Detail from the Allegory of Good Government . . 260 By Ambrogio Lorenzetti (in the Palazzo Pubblico). Madonna and Child ....... 272 By Ambrogio Lorenzetti (in S. Eugenio Outside Porta S. Marco). Madonna, Child, Saints, and Angels .... 284 By Matteo di Giovanni (in the Galleria delle Belle Arti). Charity .......... 296 A detail from Jacopo della Quercia's Fountain (in the Loggia of the Palazzo Pubblico). Wrought-iron Gate of the Chapel of the Palazzo Pub- blico . . . . . . . . . . 302 Bronze Banner-holder 334 By Cozzarelli (attached to the Palazzo del Magnifico). The ruined Abbey Church of S. Galgano . . . 362 Interior view of San Galgano ..... 384 San Bernardino Preaching in the Campo . . . 394 By Sano di Pietro (in the Sala del Capitolo of the Cathedral. Siena During the Siege 414 From an old print in the Uffizi at Florence. MAPS Siena and the region between the Arno, the Apennines, and Monte Amiata 38 The Chianti Boundary between Florence and Siena . 178 Battle of Montaperti 178 SIENA SIENA CHAPTER I THE ORIGIN OF MEDIAEVAL SIENA THE province of central Italy, known as Tuscany in our day, has a broken and richly diversified physical character, due to its position between the mountains and the sea. The Arno is its chief artery. Rising among the bare crags of the upper Apennines, it drops by gradual stages from the mountains to the foot- hills, and, holding a general westerly direction, makes its way through a plain, growing ever broader, greener, and more smiling, to the Mediterranean Sea. In its proud progress it receives, now at its right hand, now at its left, innumerable tributaries. The northern affluents flow, like it, from the Apennines, which sweep seaward at this point, marching with the river and raising a lofty barrier between Tuscany and the Lom- bard plain; the southern streams, on the other hand, come from the Tuscan upland, across which the high central Apennines look out upon the open sea. Within this Tuscan upland, defined by the soaring Apennines, the city-bearing Arno, and the blue Mediter- ranean, befell the human circumstances which will engage our attention in this book. Though small in area, it is a region fair to look upon, being a broken 2 SIENA plateau of many valleys cut by many streams, which, as a glance at the map will show, run in the main in two directions to the north and to the west. The northward-flowing waters feel their way in thread-like streams, capable, however, of sudden, torrential expan- sion, to the Arno, while the westward rivers cut a difficult and circuitous path through frowning barriers of wood and rock to the sea. Northward the rivers flow and westward, a point of capital importance, for on the irregular central ridge dividing the streams lies the town of Siena, clearly designed by the place it occu- pies to be the ruler of the region. Rising almost under its walls the Elsa River finds its way after a capri- cious journey into the Arno, while a network of small streams, all tributary to the rapid Ombrone, carries the memory of the fair queen of the upland to the Mediter- ranean. If beauty of situation determined the importance of a city, Siena would have been second to none in Italy. But, unfortunately, the unrivalled site imposed a num- ber of permanent material drawbacks. One alone of these, the lack of water, constituted no less than a ca- lamity; for at their sources among the hills the Elsa and the Ombrone are mere brooks, not only unsuited to navi- gation but incapable even of yielding a liberal supply of drinking water for man and beast. Was it conceiv- able that Siena should ever overcome this fundamental disability ? Was it at all likely that a town suffering from scarcity of water and deprived of what in early times was always the safest means of communication with the surrounding territory, a generous water-course, should ever become a great directive agent of civiliza- THE ORIGIN OF MEDLEVAL SIENA 3 tion ? No, its action would necessarily be limited, its world would be hardly more than the dependent dis- trict which the citizen, gazing from the ramparts, saw lying at his feet. The story of Siena, set high and dry among the hills, could never be the tale of a world- centre, such as Venice, or Milan, or Florence, bestriding each, like a colossus, one of the great and convenient highways of the Italian peninsula. And yet, within its narrow provincial limits the des- tiny and fortunes of Siena might rise to inspiring and memorable heights. Any visitor of the town has still brought vividly home to his attention that, in compen- sation for its lack of navigable streams and its relative remoteness from the crowded lines of trade, it is en- dowed with a lavish sum of minor natural advantages. The fair ridge upon which it lies enjoys an admirable climate, secure from the extremes of heat and cold; the air, washing the middle levels between the sea and the Apennines, is splendidly bracing and salubrious; and although the countryside is broken and uneven, being trenched in all directions by numerous torrential brooks, the soil is generally fertile, bearing all the products of the temperate zone and excellently adapted on the steep hillsides for the cultivation of the vine and olive. Here, then, was from of old a sufficient promise of riches, the necessary foundation for every higher civilization. But the civilization itself would have to be the work of the people, the men and women of Siena. Would Siena ever reap, to match her material oppor- tunities, that nobler harvest, the harvest of the mind, the harvest of the soul ? To this, the human issue, every question in history in the end comes back, wherefore we 4 SIENA may assert that as Siena produced a worthy or a negligi- ble race of men, it would be remembered or forgotten among the cities of the world. And because its success in this field, in the mediaeval period at least, was great, because in some respects it was even astonishing, I need offer no apology for calling the attention of a later time to the ruling city of the Tuscan uplands. It is med- iaeval Siena which is our concern in this book, but be- cause this mediaeval city was founded on an earlier past, I may be permitted to glance rapidly, by way of intro- duction to our subject, at some of its antecedent phases. ETRUSCAN SIENA At the time when we get our first certain information about Tuscany it was called, in the Latin tongue, Etruria, and was inhabited by a people known to their Latin neighbors as Etruscans. The Roman writers, through whom the Etruscans were introduced to history, recount the vigorous resistance which they offered to the encroachments of the ambitious republic in the Tiber valley. We hear of their great cities, perched high on hills, like eagles' nests, and called by names which prove that they were the authentic ances- tors of Volterra, Chiusi, Fiesole, Arezzo, and many other still existing settlements. In the third century before Christ the Romans, after a long struggle, com- pleted the conquest of Etruria (280 B.C.), and the cities, referred to by the Roman writers as centres of opulence, became allies (socii) of Rome and lost their independence. Therewith the process of their Latin- ization set in, but had hardly gone very far when the THE ORIGIN OF MEDIEVAL SIENA 5 towns were ruined and the country turned into a desert by the long civil struggle which preceded the downfall of the republic. Julius Caesar, and, after him, Augustus, the great restorer, gave their best efforts to the recovery of Italy from the awful harrying of the civil wars, and by means of colonies planted throughout the peninsula, in desolated towns, or on new sites, set flowing once more the arrested currents of life. Naturally the Roman colonies produced a Roman civilization. In Etruria such natives as the wars had spared were absorbed by the conquerors, and presently adopted the Roman speech, dress, and manners. Etruria forgot that it had been Etruscan and proudly called itself Latin. To all intents and purposes the transformation was effected in the lifetime of Augustus. The Etruscan people, which thus dropped out of history at the moment when the republic assumed the purple and became an empire, has exercised a strong and persistent fascination on the historian, the philolo- gist, and the student of art. Who were they ? whence came they ? with what race or races known to history were they connected by blood and speech ? Some five thousand inscriptions in their tongue, which might clear up the mystery, have been collected in various repositories, but they remain dumb, as no philologist has penetrated the secret of their language. The only thing which may be reasonably deduced from these literary remains is that the Etruscans were not related to the Italic peoples who occupied the country to the south and east of them, nor to the Celts, who, having forced their way across the Alps and seized the valley of the Po, bounded them on the north. Far more 6 SIENA responsive to the inquirer than the unread inscriptions of this strange people are their other archaeological remains. No race of men ever gave more loving care to the disposal of its dead, and none, judging by existing fragments of city walls, delighted in such gigantic masonry. Courses of stone still visible at Fiesole, Cortona, Volterra, and elsewhere, fill the mind with amazement at the vanished folk who could build on this colossal scale. Even more suggestive is the revelation afforded by the uncovered burial places. Sometimes in the flanks of hills, sometimes under the shelter of a crumbling citadel, have been found, frequently hol- lowed out of the living rock, underground streets and cities of the dead; and throughout the region humbler vaults with rows of burial urns have been turned up by a chance thrust of the peasant's spade. As the Etruscan custom was to lay with the dead in their last resting-places common objects of daily use, and often, as well, precious utensils and ornaments, such as vases, ear-rings, bracelets, scarabs, and mirrors, the uncovered graves have put us in possession of a body of material attesting a high degree of craftsmanship and a developed sense of the beautiful, and bearing profoundly upon the origin and character of this mysterious people. The derivation of many of their remains from the Hellenic world, whether directly by exchange or indirectly by local imitation, appears at a glance. What, therefore, in view of this association, was the exact share of the native genius in these exquisite evidences of culture ? This and a hundred related questions lie beyond our scope. For our purposes it must suffice definitely to assure ourselves that the Etruscans were a people of THE ORIGIN OF MEDIEVAL SIENA 7 no mean ability, who, even before the period of their contact with the Romans, had reached a notable level of civilization. In the days of Etruscan power, when Chiusi and Volterra were defending their independence against the Roman republic to the south, was there an Etruscan settlement at Siena ? The Roman records make no mention of it, and yet we know now by irrefutable evidence that such a settlement existed: no vigorous centre of commerce or of war, but a modest group of habitations around an arx or citadel, whither the farm- ing population of the neighborhood could retire on the approach of danger. The citadel, it must be admitted, is largely an inference based on the analogy of other settlements planted by this people; but the fact of men of Etruscan blood having lived in considerable numbers on the Sienese ridges is established beyond challenge by the discovery of numerous burial places, some within the walls of the present town, others within a radius of a few miles.* Their uniformly small scale is a sug- gestive index of the size of this original Siena. Pro- fessor Rossi, a leading local antiquarian, carefully weigh- ing the evidence, ventures to formulate a number of propositions which constitute a chain of reasonable probabilities. He affirms that an Etruscan town, the name of which in Latin transliteration was Saena, ex- isted; that it was small, perhaps dependent on Volterra, and that its arx was located on the highest point of the present town, still known, after hundreds of years, and * The reader wishing to inform himself on the details of these finds may turn to an article by Pietro Rossi in the " Conferenze," published by the Commissione Senese di Storia Patria (1895). 8 SIENA possibly in memory of its ancient dignity, as Castel Vecchio, that is, the old citadel. All this does not set a very definite image before the mind, but in establishing the certain fact of the settlement and making probable an arx upon the height, it renders a kindly service to the imagination by associating the present town with the dawn of recorded time, and by spinning a thread, slender but secure, between the twentieth-century chafferers of street and market and the mysterious Etruscans, who, out of their graves, still speak to us of great achievements. ROMAN SIENA We reach a more solid footing when we pass from Etruscan to Roman times. Professor Rossi,* who again serves as our chief guide, has indicated the probable stages of a growing intimacy between our upland hamlet and the conquering republic of Rome. Putting such conjectures to one side as too intangible, let us fix our attention on the time when Rome adopted the policy of planting colonies throughout Italy. She followed this course, as already mentioned, in consequence of the depopulation and ruin wrought in Etruria and elsewhere by the terrible civil wars which preceded the downfall of the republic. As early as the time of Sulla, Etruria, and possibly Saena, began to receive Roman colonists, * In the "Conferenze" of 1897 (Published by the Commissione Senese di Storia Patria). It may seem advisable to explain briefly why I take no ac- count of the many legendary tales touching the origin of Siena. The simple fact is that most of them carry the stamp of a late invention on their face, and have little poetic and less historical value. The reader desiring to inform himself on the subject may consult Rondoni, "Tradizioni popolari e leggende di un Comune medioevale." THE ORIGIN OF MEDLEVAL SIENA 9 but, however that may be, it is certain that Augustus is the real Latin rebuilder of the ruined Etruscan town. Following his victory over Antony, he inaugurated, probably in the year 30 B.C., the Roman period of Sienese history. Our shadowy settlement, which we can barely discern against the dusk of time, and which we must imagine smitten with the blight befalling all things Etruscan, now revived as a Roman colony, bearing the name Saena Julia. The evidence on this point, furnished by inscriptions as well as by the ancient writers, is entirely conclusive. In truth the town begins now to become, if not an individuality with sharply marked character- istics, at least an indisputable historic fact. Pliny names it in his Natural History,* so does Ptolemy in his Geography,f and Tacitus J tells an amusing story of how a Roman senator passing through Siena aroused the displeasure of the mob, who, not content with hustling and cuffing him, mortally wounded his dignity by drawing about him in a circle and setting up the customary lamentations over the dead. Inscrip- tions, too, containing references to Siena, and found, some within Sienese territory, some as far away as re- mote Britain, throw a faint light into the prevailing gloom of the period. From these various sources we can gain a reasonably distinct picture of the town, governed, like the other colonies, in imitation of Rome, by magistrates and senate (curia, on/o), and composed of a hierarchy of official classes, resting on the broad * Pliny, III. f Ptolemy, III, i. t The incident belongs to the time of Vespasian (70 A.D.). "Historiae," IV, 45, On Roman inscriptions, see "Bull. Senese," Vol. II, 74 ff.; IV, 10 SIENA foundation of the people or plebs. Professor Rossi, guided by a few remaining indications in existing wall or line of street, makes the interesting attempt to draw the axes and fix the gates of the Roman town; but without the help of systematic excavations, which for the present are out of the question, such archaeological inquiries will hardly pass out of the realm of speculation. For the present-day visitor of Siena the suggestion of a Roman past is constantly renewed by the symbol, encountered at every turning, of the she-wolf with the twins. Its use as the heraldic emblem of the town has been proved for the thirteenth century,* but may have been general much earlier, and in any case shows a rooted popular conviction that Siena was sprung from the City of the Seven Hills. Avoiding all debatable ground we may assert that Saena Julia flourished for some centuries; that, a small mirror of Rome, it boasted its forum, its temples, and its baths;f and that having shared, within the scope of a decidedly provincial settle- ment, the greatness of the empire, it began presently to be involved in its decay. Before the decay ended in the cataclysm of the Barbarian invasions, which involved Siena in a common ruin with the rest of the peninsula, an event occurred of immense consequence for the coming ages: the Roman world adopted Christianity. The general circumstances under which the twilight of the pagan gods set in and the old temples were deserted for the new altars are well known, but few historical data exist which enable * Rossi, " Conf erenze, " p. 22. f For additional notices on archaeological remains, see "Bull. Senese," Vol. VI., 103 /., and Bargagli-Petrucri, "Le Fonti di Siena," Vol. I, chap. i. THE ORIGIN OF MEDIEVAL SIENA 11 us to see how the great change was effected in the provinces, and none of an absolutely authoritative character tell us how Christ's kingdom was established in Siena. Fact failing, we have legend. In the Middle Age the story passed from mouth to mouth how, during the persecution of the emperor Diocletian, a noble Roman youth, Ansanus by name, escaping from the capital, sought refuge in Siena, preached, was appre- hended, and, after working a few miracles of it must be confessed a disappointingly unoriginal character, suffered death by the sword. A few miles beyond the eastern gate, on a spur over the river Arbia, and contiguous to the famous battle-field of Montaperti, stands, and has stood for many hundred years, a chapel supposed to mark the spot where the Sienese proto- martyr gave up his life. The spur goes by the name of Dofana. It is not improbable, nay, it is quite credible, that there is some historic foundation to the story of Ansanus, for the memory of so significant an event as the conversion of the city to Christianity was sure to have lived on; and even if the uncontrolled fancy of the people is likely to have embellished the occurrences connected with the coming of the new faith with the usual exuberant detail, we must admit that con- cealed beneath the mass of irrelevancies may lie a kernel of truth. The depth of popular conviction, the spot of martyrdom, definitely designated as early as the seventh century, and, finally, the ancient character of the office of Sant' Ansano read in the Sienese churches,* lend his ghostly personality an almost irrefutable basis * The office in its received form dates from the year 1213, and is published in the "Ordo officiorum ecclesiae senensis," Bologna, 1766, p. 273. 12 SIENA of fact. Very probably Christianity first filtered in thin streams into Siena as into the rest of Italy through the agency of Greek merchants and travellers, but, in the early fourth century, we may assert with some confidence the new faith was through the preaching of a Roman, Ansanus by name, established for the first time on a popular foundation destined to broaden and deepen and to become in the end the substructure of an entirely new civilization. Throughout the fourth century the Barbarians at the boundaries of the empire had been showing increasing signs of restlessness. In the fifth century their pressure on the border posts became irresistible, and the end of the struggle was foreshadowed as early as 410 A.D., when Alaric, chief of the West Goths, seized and plun- dered Rome. The story is told of how for years he had heard an aerial voice which lured him with the whis- pered words, Penetrabis ad urbem, until, in spite of long inner resistance, he was forced to do its bidding. In a letter of St. Jerome we catch the reverberation which this amazing event produced in the Mediterranean world; from afar, in his cell at Bethlehem, where the news reached him and laid him prostrate with grief, he raised the despairing cry, Quid salvum est si Roma peril?* Italy now became the prize of the Teu- tonic invaders, but it is still too often thoughtlessly repeated that a hitherto flourishing country was by this occupation first made acquainted with misery. True, the conquerors poured over the Alps in successive waves; they brought not peace but war, and doubtless, therefore, desolation followed in their path; but, before * Hodgkin, "Italy and Her Invaders," Book I, Chs. 16 and 17. The Abbey Church of Sant' Antimo Interior view THE ORIGIN OF MEDIEVAL SIENA 13 it was possible for them a rude and ill-disciplined savage host to break into the garden of civilization, the inhabitants of that garden must have sunk into all but complete decay. The history of the later empire is the history of a prolonged sick-bed. Wherever the cover is lifted the eye meets the same evidence of incurable disease. A central government hardened into a selfish bureaucracy, its financial agents an organized band of spoliators, the local administration corrupt and in dissolution, the army unpaid and mutinous these are some of the signs which declared with sound of brass that the empire was sick, sick beyond recovery. If the invasions brought the plundering of cities, rich with the accumulated treasure of the ages; if they brought the harrying of fields and the slaughter of their tillers, they did no more than to effect, in swift, dramatic form, a catastrophe which, in the absence of human violence, would have been wrought just as completely by the slow-grinding mills of time. The successful raid in the year 410 of Alaric, king of the West Goths, was the prelude to similar expeditions. Plunderers came and went, like a summer storm or a spring flood, leaving no permanent mark on the penin- sula. But with the Herulian Odoacer, and, more emphatically still, with Theodoric, king of the East Goths, the Barbarians adopted a new policy of perma- nent settlement. The East Goths made themselves at home in Italy and held fast to its choicest lands from their coming under their great king to their overthrow by the armies of Justinian, that is, for a period of about half a century (489-553). For a short interval after the fall of the East Goths, Italy was again a part of the 14 SIENA empire, an empire, however, no longer Latin, but purely Greek and ruled from Constantinople (554-68). Then came the invasion of a new German folk, the Lombards (568), and the piecemeal conquest of the peninsula from the stubbornly resisting emperor. In the end the Lombards came to dominate the whole north and centre, incorporating these regions in their kingdom of Lombardy. As their destructive rule, while completing the wreckage of the old culture, in- augurated the Italian Middle Age, we must give some little attention to it if we would understand the rise of mediaeval Siena. However, before taking up the Lombard conquest in detail, we may pause to raise the epitaph over Saena Julia. What was its history during the long period of inner decay which preceded the coming of the northern tribes ? How did it fare at the hands of West Goths, Vandals, East Goths, Lombards ? No writer has deigned to tell us how the great circumstance of Rome's overthrow affected the provincial town at the head- waters of the Elsa and the Ombrone. The darkness lying over these many centuries of local history is im- penetrable. All that we may say, judging by the consequences, is that Roman Siena perished from the face of the earth. Did it die of that moral dry-rot which ate out the vitals of Rome ? Or was it at some quiet dawn surrounded by the forces of Alaric, Ricimer, or some other plunderer bound for Rome, taken before the watchman could sound the alarm, and left at night- fall a heap of smoking ruins ? The completeness with which the Roman colony vanished, leaving hardly a course of masonry behind which can be definitely THE ORIGIN OF MEDIAEVAL SIENA 15 identified as Roman, proves at least that it was over- taken with disaster. By the time of the coming of the Lombards it could hardly have been more than an aggregation of hovels, an inconsiderable market-place for the ravaged and depopulated uplands. But as with these same Lombards new germs of life appear everywhere throughout Italy, so with them begins a new period of the history of Siena. As early as the eighth century, while the Lombard kingdom was at its height, we get news of her, news which tells us in no uncertain terms, that life is again stirring in the desolate land, and that the third, the Italian Siena, is slowly taking shape. ITALIAN OR MEDIAEVAL SIENA The quality about the risen Siena of the eighth century, communicating itself immediately and with clearness in the few notices of the time, is, that the milieu of the town is no longer Roman, but mediaeval and Lombard. For this reason we must, if we would understand the beginnings of Siena's third and trium- phant epoch the epoch with which this book is to deal possess ourselves, at least in outline, of the political and administrative history of the Lombard kingdom. When, in the spring of the year 568, the Lombards under their king Alboin crossed the Julian Alps, they had no difficulty in effecting a foothold in the valley of the Po. The emperor at Constantinople was repre- sented in his province of Italy by an official called an exarch, whose seat was at Ravenna. The exarch made little resistance, and the Italian natives, calling them- selves, as members of the empire, Romans, though 16 SIENA really a mixture of many races, reduced under the long Latin rule to a common type, were too unmanned and broken by the interminable succession of previous invasions and recent pestilence and famine to render their ruler any effective help. Moreover, this latest mul- titude "which the populous North poured from her frozen loins," was, if we are to believe contemporary evidence, the most terrible of all the Barbarian hosts which fate had let loose upon poor Italy. Their fierce manners and savage aspect, unrelieved by any softening influences of civilization, struck a cold fear through the hearts of the effete Romans. Especially did the deli- cate, clean-shaven natives single out for notice and aversion the savage masses of hair and beard adorning their enemies, characteristic features to which this rugged folk owes its name of Langobards, that is, Longbeards. They soon dominated the north with the exception of Venetia, the Ravennese, and Genoa, mari- time districts which were not reducible without a fleet, and presently pushed southward over the Apennines through Tuscany to Spoleto and Benevento. In the south, too, the maritime districts with their strong ports of Bari, Tarento, Otranto, and Naples, withstood the onset of the strangers, who had neither ships nor any knowledge of the sea. Likewise, Rome, energetically defended by its spiritual rulers above all, by the great Pope Gregory maintained its independence. The equilibrium thus established between invaders and defenders determined the history of Italy through- out the two centuries of the Lombard dominion. The fragments of the empire north and south, ruled by the exarch at Ravenna and held together to a certain extent THE ORIGIN OF MEDIEVAL SIENA 17 by the spiritual prestige of the pope, resisted with all their might the further progress of the Lombards, who for their part, possessed approximately of two-thirds of the peninsula, were naturally desirous to disembarrass themselves entirely of their struggling enemies and to complete their conquest. In the long run the scales inclined in favor of the Lombards. Every new sover- eign continued to push out his boundaries by making some small acquisition from the emperor and his exarch, until it became plain that the unity of Italy under Lombard auspices was inevitable. Disconsolate over the impending peril, the pope made appeal after appeal to the great folk of the Franks across the Alps to come to his assistance. But we are anticipating. For the present we note with interest that Tuscany was part of the Lombard kingdom almost from the first, having been occupied as early as the year 570, in the days of Alboin. The rule of the conquerors, especially in its early stages, was of the most primitive order. Paul, son of Warnefrid, a literary Lombard of the eighth century, has told us almost everything we know about it.* He relates that his forbears, on their first coming into Italy, ruthlessly murdered the great Roman landowners, and made the rest of the inhabitants tributary by exacting a payment of one-third of the produce of the fields. They came for booty and its division must have been their main, if not their only, concern. Inevitably, how- ever, and almost from the first day, the need would make itself felt for some kind of government. Without a trace of reverence for the Roman name the Barbarians * In his Historia Langobardorum. Paul died about the year 795. 18 SIENA began to organize their administration along lines which appealed to their greed of possession and which were not too remote from their experience. Then it was that the distinctive features of the Roman administration, in so far as any had survived the storms of the last genera- tions, were swept into oblivion. The leading features of that system were, it is generally agreed, the municipal senate or curia, which performed the service of a local government, and the Roman law, which bound all the parts of the wide empire together under a common system of justice. It used to be maintained that Roman curia and Roman law disappeared indeed from sight in the Lombard period, but somehow eked out a hunted and subterranean existence until, after many years, they experienced a glorious rebirth in the Italian com- munes of the twelfth century.* These communes, according to this view, mark not only the happy appear- ance of political liberty in the world after the intolerable anarchy of feudal times, but specifically denote the rebirth of the Roman municipal constitution, which, never destroyed, had merely dropped into a long winter's * I touch here upon the famous controversy inaugurated by Savigny, who in his "Geschichte des Romischen Rechts im Mittelalter" urged that the Roman system never perished, and taken up by Hegel, who in his "Stadteverfassung von Italien" expounded the contrary view. A fair recapitulation of the respective arguments will be found in Hodgkin, "Italy and Her Invaders," Vol. VI, chap. 13. I should add that the question of the Roman municipal institutions is now generally separated from the question of the Roman law. The persistence of the latter in the church and, with limited application, among the laity, as personal law, is no longer doubted. Further, the opinion is coming to prevail that certain minor administrative officers of Roman origin, such, for instance, as had to do with the repair of fountains, the maintenance of roads and bridges, survived, at least in many places. What interest could the Lombards have had in sweeping them away? They fastened their grip upon those elements of the administration which ensured them the political control of the country, such as justice, taxes, and the army THE ORIGIN OF MEDLEVAL SIENA 19 sleep. We may now safely declare this opinion chimer- ical. The Lombards were enemies; they were com- plete masters of the situation; they knew no compro- mise. There is no evidence that they suffered any government but that which they authorized, and which they could comprehend and utilize for their selfish purposes. But there is evidence that the awful times were beginning to work their own remedy by means of certain voluntary associations not contemplated in the official Lombard arrangements. The growth of voluntary associations, involving the gradual recovery by the down-trodden Italians of self- government, at first, of course, on a very modest basis, may be presented in the following general terms. The monarchy of Alboin did after a while, with the cessation of plunder, bring comparative peace, peace brought new life, and life in its busy, irrepressible fashion led to new forms of social organization. In the Lombard period we may see how men deprived of the fruits of civilization, separated violently from the institutions on which they had leaned, thrust back almost into the state of nature, take their first timid steps toward social regroup- ing along entirely simple and natural lines. In these humble measures, assuming the form of agreements among neighbors for adjusting quarrels, for repairing roads and water conduits, and for other matters of im- mediate interest to a small circle, scholars are now agreed to seek for the germs of the great free communes, which shed their incomparable light over the later Middle Age. An idle quarrel this, the general reader may be tempted to interpose. As long as the cities achieved their freedom and used it for some noble end, 20 SIENA what can it matter if they owed it entirely to themselves or received it as a heritage from imperial Rome ? But surely it is not pedantry, it is an instinctive sympathy with youth and force, which gives us pleasure in the knowledge that the Italian liberty of the Middle Age was not a successful copy or revival of extinct Roman forms, but a healthy, spontaneous, and original product, cultivated through silent or almost silent centuries from a seed sown at a time when to outward seeming the end of the world was at hand. I have broached a great question here, though I am not able to follow it further at this point. It is impossible to write about any Italian commune without giving attention to the controversy, as old as the modern science of history, concerning the origin of the town liberties. I have indicated broadly the direction and implication of the most recent studies in the field. In a later chapter, when the specific question of the liberties of Siena is before us, I shall return to this issue, which is possessed, as a long line of brilliant names testifies, of the most persistent fascination. For the present I shall take up the thread of the Lombard administration. The power of the Lombard king depended largely on his character and personal equipment. When he was a man of force and daring he made his will felt to the uttermost corners of his realm; when he was weak or a child, the agents who represented him in the provinces became practically independent. These representatives were of two kinds, dukes and gastalds, the dignity of duke being the higher distinction and conferring a semi- independent position. A gastald was more definitely the appointee of the king, sent out on the king's business THE ORIGIN OF MEDIEVAL SIENA 21 and removable at the will of his master. Duke and gastald alike made their homes in the cities, not because they preferred them to the country a thing unlikely in view of the keen passion of the German peoples gener- ally for the open air but because experience would teach that the cities we.re the convenient and necessary centres of administration for a given district. In Tuscany gastalds prevailed, an indication that the king kept his hand more firmly on this province; and indeed rebellion, so constant and distressing a phenome- non of Lombard history, seems to have been relatively infrequent within the boundaries of Tuscany. In the early eighth century Siena had a gastald of the name of Taipert, during whose rule we get our first lively glimpse of the town since the cloud of darkness which descended upon it in the later stages of imperial Rome. No Tuscan city of the time introduces itself to our attention with an incident of equally bold relief. At the hand of authen- tic documents * we can recover the details of a most passionate situation. Following the terrible decay and anarchy associated with the migrations, Siena must have begun slowly to feel the effects of the comparative security of Lombard rule, for in the seventh century we get news of her as the seat both of a bishop and of a royal gastald. A bishop, Maurus by name, exercised episcopal authority in Siena about 650 A.D. Perhaps he was the first of the episcopal line, more likely he marked the restoration of a diocese, which, established in the fourth century in the first flush of the Christian triumph, had in the * All the documents bearing on the case will be found in Pasqui, "Docu- ment! per la Storia della Citta di Arezzo." Florence, Vieusseux, 1899. 22 SIENA following period of confusion suffered shipwreck. At any rate, the territory over which Maurus held spiritual sway was very small and the dioceses of his neighbors pressed upon him most uncomfortably, especially to the east where the bishop of Arezzo held the territory almost up to the city wall. Perplexing as this was in view of the fact that the dominion of the gastald, the bishop's temporal counterpart, embraced all the region immediately about the city, it was rendered positively distressing by the circumstance that the bishop of Arezzo became thereby lord of the tomb where lay the bones of the Sienese apostle, Sant' Ansano. Bishop Maurus tried to extend his authority eastward on the plea that the diocese ought to be coextensive with the civil district ruled by the gastald. All his efforts remained futile. The case, involving the beloved saint, appealed not only to the clergy, but to gastald and people as well. However, the Aretine prelate was in possession and would not retire in spite of the growing resentment of the Sienese. Then suddenly, as might have been foreseen, came an armed clash. In the year 711 the bishop of Arezzo, Lupertianus, came, in per- formance of his duties, to the Dofana region where the body of Ansano lay. That was all the provoca- tion which the Sienese needed. Did they suspect that Lupertianus had come to carry away secretly to Arezzo for permanent safe-keeping the precious relics of the saint ? At any rate they poured out of the town, led by the gastald, Taipert, and his judge, Godipert. Their going might mean mischief and the bishop, as a man of peace, wisely stayed at home. We can fancy him restlessly pacing his room, climbing the tower perhaps THE ORIGIN OF MEDIAEVAL SIENA 23 to scan the bare chalk hills to the east, whither the angry crowd had poured to assert the Sienese citizenship of their saint. Let the Aretine chronicler * tell the story as he found it recorded in " vetustissimis thomis." "Lupertianus, bishop of Arezzo, was staying with his servants in the church of S. Maria in Pacina, quietly attending to those things which pertain to a bishop in his diocese. At that time the city of Siena was ruled by Aripert, king of the Lombards, and in it dwelt a royal judge, Godipert by name. He, coming with Taipert, the gastald, to the church where Lupertianus, bishop of Arezzo, was, without showing the bishop the least respect, began to hurl injuries at the bishop's men, and to insult them, and to vex them with legal proceedings (per placita fatigare). The which the Aretines attending the bishop supported for some time, until, flaming up, they fell upon and killed Godipert, the Sienese judge. Wherefore the whole people of Siena (universus senensis populus) became enraged against Bishop Lupertianus and put him to flight; and they obliged Adeodatus, bishop of Siena, who was the cousin of the aforesaid Godipert, the judge whom the Aretines had slain, to hold that parish whether he would or no for one year; and there outrageously and against the canons of our church he consecrated three altars and two priests." The routed bishop of Arezzo made frantic appeals for justice in all directions, and presently the pope at Rome as well as the Lombard king interposed to quell the disturbance. The case, as submitted to judgment, involved, in addition to the spot of Ansano's martyrdom, all the parishes of the Sienese political territory eight- een, to be exact, with three monasteries which were * The chronicler is Gerardus, head of the cathedral chapter of Arezzo. He wrote his narrative about 1056 from ancient records, and his facts, in spite of his being a partisan, have every appearance of veracity. See Pasqui, p. 23, note 2. 24 SIENA incorporated with the diocese of Arezzo. The first sentence of the authenticity of which we may be sure was delivered in the court of the major-domo of King Liutprand the successor to Aripert in August, 714, and the verdict was in all respects favorable to the com- plainant. But neither Bishop Adeodatus nor the Sien- ese would rest content. They caused the case to be reopened, a mountain of evidence was collected, and only after a bench of neutral bishops had declared against the Sienese pretensions and King Liutprand had confirmed the finding (October 14, 715) did they at last desist. But even so not for long. Their beloved saint, their pride as a growing commonwealth were at stake, and every time an opportunity offered they re- turned to the attack. The case became one of the famous law-suits of mediaeval history, dragging its interminable convolutions through five hundred years. Not till 1224 did the matter come to a definitive close with a new solemn sentence by the Roman pontiff in favor of Arezzo. Although the quarrel has some slight interest on its own account, it merits our attention chiefly by reason of the light which it throws on the reborn city. For Siena was reborn! The issue of the eighteen parishes, in its origin nothing but a technical question between two bishops, took a lively and even warlike turn, for the single reason that the town was aglow with youthful vigor. Siena wanted her saint, a characteristic mediaeval desire; but more than that, she wanted no foreign bishop on her political territory. Nor did she handle the case with polite calm through the official channels of bishop and gastald. It developed into a clash at arms for no Picture of a Monk of S. Galgano From a Book-cover in the Archivio di Stato THE ORIGIN OF MEDLEVAL SIENA 25 other reason than that the- people insisted on playing a part in the affair. We have the assurance that it was the "universus populus senensis" which encouraged Godipert in his nagging of the bishop's followers, and then, when Godipert was slain, set upon the Aretines and their bishop and drove them home with bruised limbs. This was no longer the inert human mass which once let itself be plundered and slaughtered without resistance by the Barbarian hordes. Indubita- bly life was stirring here, not a thin stream of official life, which is nothing, but broad currents of strong volition filling the whole people and giving evidence that a new race was in the process of formation. And what a stream of light the little riot with its murdered judge and routed bishop throws on the traditional view, still / repeated in many books, that the communal liberty of the Italian towns was born suddenly and without warn- ing about noo A.D., and that its origin was a mystery past finding out! Perhaps historians have in the past confined their investigations too narrowly to evidences of political institutions, forgetful that before liberty can express itself in the laws, its dominion must be estab- lished in the mind and spirit. Centuries were to pass before Siena boasted a free, popular government in full working order, but of this much we may be sure as early as the eighth century Siena and her territory were indeed unfree, being governed in things temporal by a royal gastald, and in things spiritual by a bishop; but the people were no longer a multitude of despic- able Romans, but alive, moved by ambition, capable of action, in short, a factor to be reckoned with. Letting our glance travel beyond the hills of Siena we 26 SIENA become aware presently that elsewhere in Tuscany, in Lombardy as well, nay, north and south in the peninsula, the signs were increasing of a similar popular resurrec- tion. All Italy was coming back to life. Since Alaric had heard the voice which lured him on to Rome three hundred years had passed. If the successive hordes of conquerors who poured across the Alps repel us with their coarseness, brutality, and greed, viewed as men they rise infinitely above the Roman natives, too abject to raise a finger in their own defence. The invaders, without regular supplies, with rude weapons and poor military discipline, numbered at best a few tens of thousands; the unresisting natives rose into the mil- lions. If moral judgments ever have a place in history, we may assert that the unmanned, cringing Romans deserved their subjection to the plundering Herulians, Goths, and Lombards. But among the numerous Germanic invasions, only the Lombard conquest, as we have seen, led to anything like a successful occupation of the soil. It was in the full elation of triumph that the victors set up their rule over the vanquished. They exploited their victims with cold and calculating indiffer- ence, but they were thrown into daily association with them, and although they had and planned to keep their own courts, customs, dress, and speech, they found themselves presently exposed to the operation of the common physical law that the greater mass draws the smaller into its orbit. The Lombards had not been a hundred years in Italy before they replaced the Arian Christianity, to which they had been converted during their wanderings in the valley of the Danube, with the Catholic faith championed by the pope and practised THE ORIGIN OF MEDIEVAL SIENA 27 by their neighbors; by slow degrees they absorbed in- creasing elements of the Roman manners, dress, and language. A superior civilization with its arts and inventions, perhaps even more by means of its comforts and cheap delights, exercises a subtle and far-reaching dominion over the simple minds of a Barbarian people. But the question has another side, for, if the Lombards became involved in a gradual process of Romanization, the natives themselves were, to a certain extent, Ger- manized. To say positively that the Lombards breathed into the exhausted people of the peninsula the spirit of liberty which afterward immortalized itself in the free communes, would be rash, but we can hardly doubt that their successful use of force taught their victims a valuable lesson and brought force once more into repute as the true foundation of society. In the days of King Liutprand, before whose throne the bishops of Arezzo and Siena brought their quarrel, the Lombards were still conscious of a racial difference between themselves and the natives, but the assimilation of conquerors and conquered must have made immense strides, as the very incident upon which we have lingered proves. The leading persons in Siena were of Lombard blood. We have, in order to convince ourselves, only to examine the names of the officials mentioned in the old legal documents Taipert, Godipert, Warnefrid, Willerat, and so forth. The Bishop Adeodatus himself with his artificial name of Given-by-God suggests a Lombard origin, which, as was not uncommon, he hid under a Latin pseudonym intended to convey an im- pression of conspicuous Christian zeal. But if the governing class was still largely Lombard, the old hostil- 28 SIENA ity between it and the people must have subsided, for in the issue, affecting, through the precious body of Ansano, the welfare of the whole community, rulers and ruled acted as one man. In the spirited conduct of that affair there is not the slightest sign of a division into Lombards and Romans; to all appearances the old enemies have fused to form the new race of modern Italians, which from the eighth century rises into view with all those characteristics destined to bring the peninsula to the front once more as the torch-bearer of civilization. CHAPTER II THE FEUDAL AGE AND THE EMERGENCE OF THE FREE COMMUNE THE thick veil, which hangs over Siena and is lifted a moment by the documents recounting the conflict between the episcopal sees, presently descends anew. Our glimpse disclosed the picture, not only of a people active and even aggressive in its own interest, but of a cooperation between rulers and ruled, affording a clear indication of the advanced state of the fusion of Lombards and Romans into the new Italian race. This fusion was conducted under the auspices of the Lombard state, which, although still of a rudi- mentary character with the power distributed among dukes, gastalds, and other local agents, was sufficiently centralized to enforce a fair degree of order throughout its dominion. If the Lombards could have completed the conquest of the coast districts, thus uniting Italy under their rule, the peninsula would have met other and happier fortunes than it did. Italian unity, estab- lished as early as the eighth century, would, in the course of a few generations, have become so deeply rooted in popular sentiment that the chances of breaking it by assault from without would have been slight. But it was decreed that Italy was not to enjoy the blessing which a strong Lombard state would have brought, and, as every student knows, the Lombard failure resulted 29 30 SIENA from the existence on the peninsula of a rival state, the papacy. The bishop of Rome, already at the time of the com- ing of the Lombards the acknowledged spiritual leader of the West, did not have to be a political genius to divine the great and golden future of his office, if only he could secure freedom of movement for himself and immunity from subjection to a temporal sovereign. This is why he became the centre of resistance to the Lombard conquest, and this, too, explains why, when the Lombard kings, following a natural movement of expansion, were at last on the point of possessing themselves of Rome, he made a passionate appeal for help to the Franks. He would have turned preferably to the Greek emperor at Constantinople, as more distant and therefore less dangerous, but that potentate's decline had, by the eighth century, reached the point where he could hardly maintain himself in his immediate dominions. The powerful kingdom of the Franks was the pope's only visible resource. Pippin, and after him his famous son, Charlemagne, came at the papal bid- ding, and by the year 774 the last Lombard king was a prisoner and his state the prize of a Germanic rival. Charles won a new crown and presently mounted the utmost pinnacle by assuming, on Christmas day of the year 800, the title of Roman emperor. I am not here narrating the political history of Italy, except in so far as knowledge of it is indispensable for our understanding of the development of Siena. Now the significant feature stamped upon Italian history by the ruin of the Lombard state is the complete decen- tralization of political power. How did this result come THE FEUDAL AGE 31 about ? The answer is simple. The empire of the Franks, overwhelmingly powerful under Charles, pres- ently went to pieces. Italy thereupon became the object of fierce contention among its dukes and princes, and the easy victim of any enterprising foreign sovereign who could lead an army across the Alps. These simple facts define the political problem of Italy for the whole mediaeval period and for the modern period as well down to very recent times. What is the significance of their long persistence ? Fancy a state handed over to innumerable local agents who are perfectly free to follow their own bent, except for the more or less theoretic restraint exercised by a usually absent sover- eign. The inevitable consequence will be that the local agents will drop such deep roots, that they will grow so strong and jealous of their independence that their subjection to a national ruler will be rendered well- nigh impossible. Now of all the petty sovereigns of the peninsula there was none to compare in point of energy, resources, and venerability with the pope. What he willed could not be easily resisted, and what he willed with regard to Italy was, that she should not be united because her union would put an end to his temporal sovereignty. One thousand years of papal history show that the pontiff was ever ready to defeat the national hopes, and when, hardly a generation ago, these hopes were at last realized, the consum- mation was effected in the face of the open hostility and secret machinations of the successor of Saint Peter. Even so, now that the union is some forty years old and enjoys the good-will of all the world, the pope alone sulks in his palace, a voluntary prisoner, 32 SIENA and declares himself irreconcilably opposed to the national triumph. But if the fall of the Lombard state gave life and long life, as it proved to be to the temporal aspirations of the papacy, it had another consequence more im- mediately affecting our town of Siena, in that Italy was now feudalized. Of course the feudal germ was planted in the Lombard state, as well as in every other Germanic conquest of the West, but the reach and vigor of Italian feudalism, a reach and vigor suggesting the riotous luxury of a tropical jungle, would have been impossible without the failure of the central and national authority. Following the death of the great Charles, the Lom- bard crown called interchangeably from this time the Italian crown was permanently weakened. Bandied about for a time among the Italian magnates, each un- willing to concede it to the other, it was at last seized by a capable and vigorous foreigner, King Otto I of Germany (961). Henceforth Italy was an adjunct of Germany, but the German king, bearing the title also of emperor after the ceremony of his coronation by the pope, was usually so weak and far away that he could not keep his provincial agents, dukes, counts, gastalds, or whatever their title, from making themselves more and more independent. To counteract their influence he tried to create a rival for them in the bishops, whom he made civil functionaries by the system called immuni- ties. An imperial diploma or charter of immunities gave the bishop certain sovereign rights, such as the exercise of justice on the episcopal domains and the collection thereon of the taxes and services due to the THE FEUDAL AGE 33 state. In some cases the king went even farther, and raised the bishop to the post of duke or count; that is, he made him his civil representative throughout a province. The less real the royal power was the more readily the sovereign purchased a temporary support by the gratuitous distribution of privileges. The result was only too inevitable. With the king impotent and generally beyond the Alps, Italian history became a wild scramble for place and power among lords, big and little, lay and spiritual. For this scramble, characteristic of every society loosely joined and uncontrolled from above, feudalism is the fine and somewhat misleading name. For feudalism in its essence was anarchy. Theoretically the national cohesion was maintained by a system of services due to the king from his dukes and counts, and to them in their turn from their knights; but as these services were rendered only on compulsion, and the compulsion, in Italy at least, was irregular, the practical effect of feudalism was the breaking up of the country into hundreds of larger or smaller lordships, engaged in unscrupulous rivalry and exercising each one an actual power, the measure of which was furnished by the success and failure of each new combination of forces. To this substance of Italian history in the feudal cen- turies no one should be blinded by the superficial prominence of pope and emperor. These sovereigns, as international potentates, occupied an exalted position; they had constantly to be reckoned with, especially when they brought to bear upon their office a clear in- telligence and an enterprising temper; but they were so far from controlling the situation that the only 34 SIENA practical course open to them for political purposes was to ally themselves with one or another of the many local factions. In the Middle Age the pope, and more conspicuously still, the emperor, was a partisan. Of course occasional great emperors, like Henry III, or Frederick I, rose above purely factional considerations; but in general the imperial position was weak, false, and precarious. The continued feebleness of the nomi- nal head of the peninsula bears out the assertion that a strong state and a feudal state are irreconcilable terms, and that feudalism itself was an extreme form of decen- tralization. Under these conditions with every lord frowning challenge on his fellow from his stronghold among the hills, with the whole country a seething caldron of confusion, the only chance for the cities was to help themselves. Their existence was founded on labor. But in the permanent state of petty war confirmed by feudalism, of what good to any one was labor, with its fruits exposed to instant confiscation by a crew of law- less freebooters ? The cities could help themselves only by withdrawing from the vicious circle of feudalism, and enforcing, by virtue of an independent civic organiza- tion, peace, the peace wherein all men may work. I have said that in the feudal age the substance of Italian history was the scramble for power among the great and small vassals of an impotent, or almost impotent, emperor; but, as the period advanced, the situation was modified in the most significant fashion by the gradual emergence of the cities with their independent aims and programmes. Here, in fact, lies the vital interest in the Middle Age. At the first glance the situation only complicated itself THE FEUDAL AGE 35 when the cities asked for an independent position in the Italian polity. The struggle was already going on in several planes: pope and emperor towered above the counts, bishops, and other great vassals, who in turn dominated a class of smaller landholders, and now, aspiring to be treated as a separate political element,the cities raised their heads. Among these cities was Siena. Every step taken by her citizens toward a posi- tion of ultimate independence would involve considera- tion : first, of emperor and pope, temporal and spiritual overlords respectively of this and every other Tuscan town; second, of the feudal lords, great and small, possessed of the countryside up to the very walls, engaging in guerilla war as in a sport, and levying way- tolls at every ford and under the shadow of every frowning castle. These general factors must be con- stantly borne in mind as we follow the history of Siena in the feudal age. The documentary evidence concerning Siena during the period following the fall of the Lombard state is slight. The feudal darkness descended upon the land, and the few records of the time, which have reached us, speak chiefly of the doings of the great. We hear of lords and princes who harry one another's possessions, of prelates who meet in solemn conclave to consider the welfare of the church, of kings who pass with hosts and banners down the peninsula to be crowned at Rome; laboriously we piece together the starched, official tale of a society, composed apparently merely of an upper class, resting on an undistinguished and negligible mass of common people. As to the life in Siena and in the other Tuscan towns, we are left largely 36 SIENA to our fancy, aided by occasional indications, usually of a chance character. Nevertheless, on close scrutiny, the early political fortunes of these towns become, in a general way, discernible. To begin with it is clear that they possess no very definite individuality, correspond in the main to a single type, and experience a common development. Florence and Siena, Pisa and Lucca, so different afterward in their lusty manhood, are alike, if not as pea and pea, at least as children at a christening. For the historian a considerable ad- vantage of these early resemblances is that any bit of information gleaned for one town may be used, with due reserve, to throw light upon the condition of every other. We know that in the Carolingian epoch the gastald of Siena, representative of the Lombard king, was replaced by a Frankish count. That was merely a change of title; the count continued to preside in court, maintain order, collect the royal fees and rents, to play, in a word, the part of local government. The territory of his jurisdiction was called the comitatus (contado, county) and comprised the city of his residence and its neighbor- hood. The comitatus originally may have been clearly staked off, but with the growing confusion of the times, the boundary became uncertain and caused grave dis- putes with the representatives of th neighboring counties. A similar uncertainty prevailed occasionally with regard to the exact extent of the dioceses. Comita- tus and episcopatus the dominions respectively of the civil and the spiritual lord commonly corresponded throughout the kingdom of Italy; but, it would not have been the feudal age, if there had been no exceptions to THE FEUDAL AGE 37 the rule. Siena, for instance, it may be remembered, learned to her sorrow that certain parishes, lying within her comitatus, were none the less outside the diocese of her bishop. Yet here, also, the two administrative units of state and church coincided in a general way. As the Sienese county is an object of great interest to us, we shall be doing well to familiarize ourselves with its boundaries. In approximate terms the county of Siena was bounded on the west by the headwaters of the Elsa, on the east by the swamp of the Chiana, and on the south by the courses of the Orcia and the Merse. The Chianti hills, the sunny terraces of which have for centuries grown the rarest wine of Italy, and which draw a close arc around the city to the north, were, to the sorrow of Siena, embraced within the comitatus of Florence. Orcia and Merse themselves, forcing a difficult path through a region of savage cliff and forest before they empty their waters into the Om- brone, were, strictly speaking, beyond the Sienese pale. A small territory, this, and from the economic point of view an average territory without conspic- uous resources, but capable, perhaps, in the hands of energetic men, of calling the world's attention to itself. As the count in this primitive society was not only the leader of the armed host, but also the civil and criminal judge, we hear of him most frequently in con- nection with sentences delivered in his court. In the work of justice he was regularly assisted by a number of freemen, chosen by the people on account of their knowledge of the law and called scabini. As the Franks 77108 38 SIENA established in Italy their system of personal law, by which every man according to his nationality had the right to be tried by the Lombard, Frank, or Roman code, the scabini acquired at least a superficial acquaint- ance with all these systems. In measure as society became less barbarous, and the legal threads binding man to man grew more numerous, only men with special training could serve as scabini. Naturally, therefore, the time came when the scabini were transformed into a professional class of notaries and judges. This forma- tive group, the lawyer element, we may note in passing, had afterward long after the Frank period with which we are just now concerned an important share in organizing the free commune, for it was this class that was entrusted with the work of giving the constitutions of the communes a legal shape. By throwing their influence on that occasion on the side of the Roman law, which could not but appeal powerfully to professional men by reason of its evidences of system and culture, the trained lawyers effected the withdrawal of the ruder Germanic practices and penalties in favor of a new local code, which every town worked out for itself on general Roman principles. A little reflection will show that this revival of a defunct system and its complete triumph were inevitable in a country satu- rated, like Italy, with Roman memories, but we should not fail to note that it offers no proof of the uninterrupted domination of the whole Roman administrative system. But I have anticipated, led on by the interest attach- ing to the evolution of the system of justice in the Italian towns. I desire now to return to the history of Livorno Viterbo I.-N. WWC, UFF10, SIENA uiiil the Uccion Between the A K NO. the APENNINES nnil MONTE \MI\T\ THE FEUDAL AGE 39 the count's territory, the comitatus. If, in the days of Charlemagne, the comitatus was the fundamental ad- ministrative unit of the empire, effectively governed by the count, the ninth century had not yet declined to its setting, when we find the comitatus threatened with disaster. The confusion and paralysis which descended on the head of the state naturally spread to all the members. I have already spoken of this confusion under the name of the feudalization of society. Having glanced at the fate of the sovereign under the centrifugal tendencies of feudalism, we have now an opportunity to observe what havoc this movement worked with the constituent elements of the kingdom, the counties. As the ninth century passed into the tenth, certainly one of the most desolate of all the desolate stretches of the journey of our race since the time of Christ, the symp- toms multiplied which indicated that the comitatus would become the prey of selfish interests. This fact becomes intelligible only, if we keep before our mind the picture of the feudal king, weak, beset with enemies, often absent, as often squandering his spurt of energy upon a rival, the puppet of a faction, and perforce ill-informed about the affairs of the counties and incapable of attending to them. Under these cir- cumstances the count could forget his public mission and think chiefly of making as excellent provision as possible for himself and his family. What was to hinder his seizing suitable portions of the public domain in the sure expectation that the hour would come, the hour of need, when his sovereign would pay for a momentary support by legalizing the usurp- ation ? 40 SIENA We gather dimly the records are few and indefinite that it was in some such way as this that the Sienese territory passed into the hands of a number of great feudal families. In the eleventh and twelfth centuries we find them encircling the town like a besieging host. Not only do they profess, in sign of their origin, the Lombard, or more frequently still, the Frank law, but they bear the title of counts. In this connection we should remember that in the early Middle Age the title count was never a merely honorary distinction, but always designated an official engaged on the king's business. But if the successive families of counts came to Siena to govern in the name of the king, they stayed to enjoy the domains to which, by some means or other, they managed to secure the enfeoffment. Only in this way can we account for the great family of the Soarzi to the west of the city on the slopes of Monte Maggio and at the headwaters of the Elsa, and for the still greater family of the Scialenghi or Cacciaconti to the east, settled in many branches through the region of the eighteen baptisteries disputed between Arezzo and Siena. In the neighborhood of the Cacciaconti we find also the Forteguerri and the Manenti, the latter descendants, it would seem, of counts of Orvieto, while directly south of the city, almost touching the walls, the Ardengheschi had their castles and estates. Com- pleting the circuit of the town we discover among the inhospitable hills to the south and west, beyond what was strictly Sienese territory, the clans of the Aldo- brandeschi and the Pannochieschi, claiming authority over vast solitudes of wood and marsh. If the measures by which these families secured their great fiefs from the THE FEUDAL AGE 41 empire are not entirely clear, we are at least sure that they prospered at the expense of the public lands and of the comitatus. To all intents they had succeeded in cutting their holdings out of the Sienese and the neigh- boring counties, in order to rule them as sovereign under the emperor on the basis of a charter of privileges and immunities. If we have here one of the chief factors which dimin- ished the imperial prerogatives and disintegrated the imperial administration of Tuscany, we face another when we follow the development of the church. Bishops and monasteries vied with the lay lords in importunate demands upon the emperor for special favors and im- munities. By means of gifts distributed in those pious days with liberal hand, the church was waxing constantly richer, but, left unprotected by the disorganized civil government, it had to suffer its treasures to be seized and its territories to be invaded by a lawless baronage. Under the circumstances the bishops and abbots, the natural guardians of the possessions of the church, were forced to provide for their own defense, and not unnaturally appealed to the emperor to improve their position by the grant of a charter which conferred on them the highest temporal authority in their dominions. Dovetailed, therefore, among the great nobles of the countryside, we find the great prelates, hardly less numerous and powerful than their lay rivals. South of Siena, toward Monte Amiata, lay the monastery of Sant' Antimo; as early as the year 952 its abbot was endowed with the temporalities,* and, in the words of Dante, joined the sword to the shepherd's crook. As *" Bull. Sen." IV, 72-74. 42 SIENA for the great Benedictine abbey on the slopes of Monte Amiata, San Salvatore, which fills a large page in the history of Siena, each new emperor tried to outdo his predecessor in magnanimous concessions to it.* What a lord abbot successfully demanded could not be reasonably denied to a lord bishop. The Aretine prelate, for example, neighbor and rival of him of Siena, acquired an extensive immunity as early as the year 843,f and similar concessions can be proved for other dioceses of the neighborhood. When we turn to Siena we discover that the episcopal archives | have been neglected by the chapter and dissipated by time, and that the earliest imperial diploma which has been preserved bears the date 1055, but the con- cessions which fairly rained upon all the bishops of the immediate neighborhood, generations and cent- uries before 1055, make it more than probable that the bishop of Siena, too, began at a very early time to acquire a political foothold in his dominions by means of special privileges from the sovereign. In fact, the very phrasing of the document of 1055 makes it probable that it is largely a recapitulation of previous grants. This important diploma was issued from the chancel- lery of the Emperor Henry III and, if relatively late, contains at least an enumeration of ample concessions to the beneficiary. It is worth reproducing in part, in order to enable us to see at first hand how the bishop * The original documents are preserved in the Archivio di Stato of Siena in the section called Diplomatico. For a brief description of them, see Lisini's Inventario, "Bull. Sen." XIII, 23O/. and 487^. f Pasqui, "Document! per la Storia della Cittii di Arezzo," No. 33. j On the archives see Lusini, "Bull. Sen." II, 145. THE FEUDAL AGE 43 became a temporal lord, on a level with the proudest members of the king's baronage. "In the name of the Holy and Indivisible Trinity, We, Henry, by the favor of God Roman Emperor . . . concede, give, and confirm to the Sienese church all the possessions which it has legally acquired or shall acquire in the future, that is, Castettum Veins and these lands and manors (a long list follows, some of which can be still identified to the south of the town). All these lands with their appurtenances we concede, granting to the bishop judicial authority over the possessions of the church and the resi- dents thereon, and the right to conduct a wager of battle after the established forms. Further, we desire and command that the bishop shall have a right to the public services resting upon the afore-named possessions of his church (facere munitiones) without interference from any archbishop, bishop, duke, margi ave, count, viscount, or any other person of our realm. ... In witness where- of, etc." * It is plain that this document makes the bishop a temporal ruler. However, the question immediately arises, what is the exact meaning of the concession specified as Castellum Vetus ? Under that name was known the highest hill of the city, site of the original Etruscan settlement. Some writers have maintained that the part is here put for the whole, and that the grant to the bishop of Castellum Vetus was tantamount to declaring him ruler of all Siena. To the unbiased reader that must look like a very improbable interpreta- tion. As we know of the bishop that he originally resided on the hill of Castellum Vetus, we may assume that he had landed possessions there; and it is at least entirely reasonable to maintain that the privilege of * Pecci, "Storia del Vescovado di Siena," p. 120. 44 SIENA Henry III sought primarily to endow him with po- litical rights within and immediately about his private property. In any case that is all the document actu- ally says. If the exact area embraced by so loose a term as Castellum Vetus is not entirely clear, there remains no doubt that the bishop received, in addition, sovereign rights over lands constituting a consider- able territory to the south of the city between the Arbia and the Merse. Over all this region he is de- clared to be temporal lord with the power to collect dues and to pronounce judgment, and he is even au- thorized to conduct a wager of battle, always a sign in those times of high criminal and civil jurisdiction. True, neither this nor any other privilege ever gave the bishop the title and authority of a count of the empire, although an assertion to this effect has often been made,* but it did eliminate the imperial count from a considerable section of the county of Siena, and this fact, taken in connection with his elimina- tion from the estates of the larger monasteries, and from the compact possessions of the Soarzi, Cacciaconti, and other lay lords, gives us a vivid indication of the sorry decline of the once powerful local administrator and of the imperial prerogatives which he represented. As late as the twelfth century, in the time of the Hohenstaufen, we hear of counts of Siena, whom the Emperor Barbarossa, or his son Henry, sent to this re- gion to stand guard over the remnant of the imperial authority, but, hardly finding breathing-space among the powers whose usurpations overspread the land, he * For instance, Rondoni, "Sena Vetus," p. 8. No existing document designates the Sienese bishop as count of the territory. THE FEUDAL AGE 45 lived a pale, unnoticed existence and presently faded away.* Among these general conditions were cast the first steps of the free commune of Siena. That they were timid and uncertain needs no explanation when we remember that we are dealing with the period of infancy. I have already said that it is absurd to seek for the exact birthyear of the commune, or to maintain categorica41y that it was born on such and such an occasion, as, for example, when the magistracy of the consuls assumed the political direction of the city. The consuls, to be sure, are the declaration urbi et orbt that the town will henceforth look to itself and manage its own affairs, but long before there were consuls centuries before, in fact the citizens had begun to provide for their most pressing interests by their own efforts. The history of the free commune is really the history of burgher self-help in the midst of the distressing conditions of the feudal age. When to make a journey over land, or rather when to step over your threshold was to take your life into your hands, it would have been strange indeed if men had not learned that the individual, if he would survive, must multiply himself, as it were, by free association with others in the same precarious position. These first beginnings of communal freedom in voluntary groups, formed for the most primitive social ends, long escaped the attention of historians. The pomp of kings, the clash of mailed warriors, the anathemas of * As to the evidence concerning the existence of Sienese counts as late as the twelfth century, see Muratori, " Antiquitates Italicae," IV, 577. A list of ten counts, from approximately 1145 to 1200, shows that although the comitatus had been distributed among private interests, a remnant of the imperial administration stubbornly persisted. 46 SIENA popes, created a rich and many-colored panorama, through our delight in which we forgot the lowly masses with their unromantic doings in field and shop. But within a generation all this has changed and the earnest effort of many scholars to lift the veil from the lives of those who were not knights and ladies, and rode to hunt, and banqueted in halls, has led us to revise, in good part, our whole view of the Middle Age. Unfortunately our first-hand information of the submerged masses is fragmentary and deficient. The chroniclers of the time, monks, for the most part, of small outlook and encased in class prejudice, had no eyes for what went on among the common people; and the manor and parish records, which might tell us much of the administrative activities of the inhabitants, have reached us only in occasional survivals. In the case of Siena, in particular, the remains are very scanty. However, the history of early voluntary associations has been carefully pieced together for more favored regions, and, as it is becoming constantly more apparent that a primitive sort of self- help was a feature common to all Italy, we are justified in predicating an analogous development for Siena.* * The most effective, if not the original, impetus to the investigation of voluntary associations was given by Davidsohn in an article entitled, "Entste- hung des Konsulats" (" Zeitschrift fuer Geschichtswissenschaft," Band VI, 1891, p. 22 ff). An Italian translation, "Origine del Consolato," will be found in the "Archivio Stor. It.," Serie V, tomo 9, 1892. To these early investigations Davidsohn has made considerable additions by an article in the "Historische Vierteljahresschrift," 1900, pp. 1-26, and by a remarkable chapter (the eighth) in his " Geschichte von Florenz." His thesis is, that in measure as these voluntary associations familiarized the people once more with self-government, they expanded by a perfectly natural process into the consulate and the free commune. Within the last generation scholars have made special studies of a great number of towns and villages, and in every case their results have confirmed Davidsohn's views. It is out of the question to enumerate all these studies here. Suffice it to name two, separated geo- THE FEUDAL AGE 47 In order to bring out with all the clearness possible the origin of the self-governing movement, let us take our start from the conditions prevailing in the Lombard and Frank periods, when the gastald, and after him the count, was tht "governor of the city and its territory. Even in this early period, when the royal official was more or less absolute in his district, he neither did nor could attend to all the affairs of the dwellers of town and country. The church, for one thing, charged itself with the spiritual interests of the population. Possessed of a strength and vigor which enabled it to withstand the assaults of the migrations and .mock at the floods which rose and swirled about its foundations, it had come to enjoy a respect which raised it in common eyes far above the state. Secular administrations came and went, but the ecclesiastical administration, with its unit, the parish, braved every storm. While insisting on the special importance of the parish, we should note that the organization of the church in Italy has some additional features, with which it is necessary to become familiar. In the countryside a number of parishes together consti- tuted a larger administrative division, the plebs or pieve, of which the distinguishing feature was the baptistery with its font of holy water, where the whole population, subject to the plebs, partook of the first Christian rite. In the town all the inhabitants enclosed within the walls were regarded as constituting a single plebs and were attached to a single baptismal font. Travelers in Italy graphically by almost the whole length of the peninsula. Lothar von Heine- mann, "Zur Entstehung der Stadtverfassung in Italien," 1896, has examined the self-governing activities of the people of Gaeta in the kingdom of Naples, and Sella in the "Arch. St. It.," Serie V, tomo 36, 1905, has done the same for certain districts of Piedmont. 48 SIENA will remember that in Florence, Pisa, Siena, and else- where, the baptistery stands to this day as a separate building in the heart of the town, and very likely it has happened that even as they gazed at these wonderful structures, thrilling with their beauty and antiquity, new- born babes were brought in by nurses and god-parents to be received into the Christian fold. // ra/'o bel San Giovanni raised something like a sob in the bosom of the exiled Dante, and surely no one can stand beneath its brave cupola without seeing with his mind's eye an interminable procession of Florentine childhood, reach- ing back and growing fainter, until it loses itself in the dim days of the Lombards. A walled city, then, such as Florence or Siena, constituted, ecclesiastically speak- ing, a plebs, which, to meet the necessities of worship, was divided into parishes, called populi. This swift scrutiny of the organization of the Italian church has, I hope, made clear that its main administrative divisions were diocese, plebs (pieve, baptistery) and parish.* Now these divisions, familiar to peasant and cobbler, and rooted in the affections through daily association, imposed themselves, to a certain extent, on the secular administration. There is reason to think that the plebs became an administrative and judicial subdivision of the comitatus, and that a judge, or some other delegate of the count, exercised jurisdiction there. At any rate the inhabitants of a plebs, and more conspicuously still, the small group of neighbors associated in a parish, came to look upon themselves as forming a practical social * Siena to-day contains sixteen parishes, or populi, within the walls. Probably that number corresponds to the original number in the days of the republic. See Cappelletti, "Le Chiese d'ltalia," Vol. XVII, p. 531. cd H-l <3 O r5 a _z _"S H THE FEUDAL AGE 49 unit. The simple country folk, who loved their parish church as the familiar centre where as infants they had been baptized, where as youths and maidens they had received confirmation, and in whose holy precincts they expected to be buried, would linger after mass or even- song, and, seated under the elm spreading its shade before the door, would discuss their common interests as de- fined by paths, roads, pasture, cattle, and streams. In the case of a town the neighbors of street and parish would find themselves no less absorbed by questions touching cisterns, fountains, public hygiene, and the maintenance and the repair of the church. Trusty men, elected from the parish associates, looked into the various neighborhood issues submitted to them, and presently might even be called upon to act as judges and settle a quarrel between fellow-parishioners involved in a dispute. Everywhere, in hundreds and thousands of small centres, in town and country alike, this modest, almost invisible self-activity sprang into being, accele- rated by the decay of the central power; and because it was sound at heart, and provided for the most immediate and primal needs of society, it was destined not only to survive, but to grow and crowd the dominant system of misrule, called feudalism, from its seat. In the course of time the neighborhood assemblies tended to become permanent and regular, and to draw increasingly important subjects within the range of their discussion. Such would be, especially for the villages of the countryside, the regulation of the tie binding them to their feudal lord, perched above them in his castle. By the eleventh century we find elected representatives, called boni homines, signing contracts 50 SIENA with feudal landowners, sitting in judgment over their fellows much like a regular court, and meeting with other boni homines to discuss the common business of contiguous parishes and even of larger geographical dis- tricts. In the cities, where men lived more closely together and were pressingly dependent on each other's cooperation, the need for common action was even more urgent than in the country. Proceeding from particular interests to more general ones, the neighbors finally took up the great matter of self-defence. Only as the inhabitants of a town learned from their feudal masters the invaluable lesson of force and took measures to man their walls and gates at the approach of danger, did they give the final and conclusive proof concerning their ability to support the responsibilities of self- government. The attention to questions of defence and war would of necessity involve the whole town, and is, wherever we encounter it, a sure indication that the cooperation among the original groups had reached a relatively advanced stage. For many generations of that submerged epoch of the mediaeval period to wKicn we refer currently as the Dark^ Age, there was, therefore., jsome limited form of self-government, of which the boni homines, entrusted with the business oF the, parish, or of some limited social or agricultural group, are the symbol. They have hardly begun to represent the interests of trie larger unit, the town, when we find them adopting a name indicative of their new honor they call themselves consuls. The appearance of the name is a certain sign of an enlarged and improved organization, but it does not mean, as used to be maintained, that the citizens now THE FEUDAL AGE 51 first experimented in self-government. On the con- trary, we should now be amply convinced that extensive self-governing activities characterized all the Italian towns long before we hear of consuls. And just as the consular officials are by no means synchronous with the beginnings of democracy, so a town provided with such dignitaries has not necessarily renounced allegiance to the emperor and his agents, and entered into all the rights of sovereignty and independence. J^\\ through the twelfth and thirteenth centuries when we know defimteJ^hj^he_T^scan communes were governed by consuls or some other elected authority?, when, further- more^ they showed everj^ ^^_ of a vigorous self- consciousness, theY-did-JLOtConceive themselves as entirely emancipated from the authority of the empire. Self-government an? independence these were indeed the twin objects of every town beginning to disentangle itself from the feudal net; but we must accustom our- selves to think of both of them as reached by very devious paths, and after a process like the annual coming of the spring, which for long weeks advances and recedes and again advances, until the young season, bringing fresh and ever fresh battalions to the front, drives old winter into hopeless flight. The first reference to a governing body of consuls in the city oTISiena tieloTTgirtS'tK^yeaF 1 125.* In the previous year (1124) we have a reference to boni homines who, in representation of their city, accompanied the bishop of Siena, Gualfredo, to Rome, in order to help plead * Pasqui, "Document!," etc., p. 573. The reference occurs in a deposition made by witnesses summoned in 1177 in the course of the interminable Siena-Arezzo conflict. 52 SIENA the cause of their diocese when that zealous prelate reopened the interminable feud with Arezzo over the eighteen baptisteries. These two notices suggest the connection, amounting almost to identity, between boni homines and consuls. Very probably the boni homines of the city parishes or other minor groups, with the growth of common interests, had been for some time meeting together to take advice, and very probably the full assembly of boni homines had been found too cumbersome for the satisfactory dispatch of business. On the election of an executive committee of boni homines, involving for the first time the representation of the whole town, the higher dignity of the new body was recognized by dhejidoptiorTbt the title, about which still hung the glamor of the Roman republic the title qTconsuta Everywhere in Tuscany the consuls came forward about the same time. For Pisa and Lucca they can be proved shortly after 1080;* in the case of Florence the first reference to the new magistracy belongsTo" tHe~year H38;t and as regards Siena, we^ first hear of consuls, as already stated, in 1125. But where there are consuls there is a commune, for when the constituent groups came together to give themselves a common set of officials they recognized also that they had created a new practical unity. And let the reader note that this new unity, the commune, is not identical with the town or city. Town and city are geograph- ical expressions, but the commune denotes a political entity, to the privileges of which the citizen body * See Henry's Privileges of 1081, Muratori, "Antiq. It.," IV, 20, and Ficker, "Forschungen," IV, no. 81. f Davidsohn, " Geschichte," I, 345. THE FEUDAL AGE 53 taken as a whole need not be, and very generally was not, admitted. The general appearance of the consulship among the Tuscan towns about the year uoo would tend to show that, in spite of an infinite variation in detail among them, they all presented an essential identity in social structure and political experience. In attempt- ing now to take a closer view of the new office, let us keep before our minds the unfamiliarity of the age with political thought and action. Must it not fill a modern man with surprise that no town exhibited a sense of having done anything meritorious in providing itself with an elected magistracy, and that none showed the least tendency to magnify its courage with a ringing Declaration of Rights ? Such ideas and methods characterize a struggle for freedom conducted by a people who have achieved political consciousness. In the Middle Age self-government was never evoked, as has been frequently the case in our own day, by political theory, but was a groping, practical growth, nursed among small groups and made necessary by the bar- barous incompetence of the official government. On this account the consuls did not for a long time pass out of the realm of experiment. One year they were elected to represent the commune, another not the single groups being evidently content on occasion to fall back on the older, though less manageable, institution of the boni homines. Everywhere it was the same, but every- where, too, experience would teach the advantage for the town of an uninterrupted central direction of affairs secured by the permanent establishment of the new magistracy. Under these circumstances, toward the 54 SIENA middle of the twelfth century, the consulship began to function more regularly,* and about the same time, also, the elaboration of the new government in the direction of political effectiveness had made considerable progress. With the consuls came to be associated a council, representing more or less numerous groups of citizens and acting as an advisory body the nucleus, it will be seen, of a future legislature; and, further, with a view to protecting the citizens against possible illegal- ities on the part of the chief magistracy, there was drawn up, at first in rude and summary form, a docu- ment defining its functions. This received the name of breve consulum, and on it the consuls, on assuming their duties, took the oath of office. Growing from year to year as the result of accumulated political ex- perience, it became the celebrated communal constitu- tion of the Age of the Republics. In the early days we hear very generally, too, of the meeting of the whole people, the parlamentum, called for the purpose of laying important matters of state before the general body of citizens, but it does not appear that the parla- mentum anywhere became an effective instrument of control or acquired other than a theoretical claim to power and sovereignty. To the development of these and similar institutions which gradually took shape to serve the needs of the new republic of Siena I shall later devote a separate chapter. At present it behooves us to attend the consuls in their first efforts to direct the destiny of the city. * In Siena, as late as 1151, we encounter instead of consuls or boni homines, a single executive, one Scudacollus. The fact is a further support of the theory of the elastic nature of the early republican institutions. For Scuda- collus see Ficker, "Forschungen," IV, no. 120. THE FEUDAL AGE 55 The chief concern of the new magistracy was to live. Strictly speaking it was a rebel magistracy, for it represented the self-governing attempt of a com- munity which legally was governed by the emperor and his delegate, the count. The count of Siena, as we have seen T had long since. byTeason or the emperor's weakness, the feudal usurpations, and the ecclesiastical immunities, become a negligible factor, but, as it hap- penedT^bout the middle of the same century which saw the rise of the consuls, a really great emperor, Frederick I of the H Q u s , e , _oJHohenstaufen, called Barbarossa, came to the throne in Germany, and undertook to^ revive all the obsolete imperial rights m his fair Dominion beyond the Alps. To general mediaeval history belong Frederick's heroic attempt and failure to turn back the wheel of time and bring the cities underthe old subjection. In Lombardy, especially, where, owing to geographical conditions, urban life was more developed than in Tuscany, they met heroism with heroism, and after a great victory at Legnano (176) forced The emperor to confirm their right to elect tHeir own officialjfahd to conduct their own affairs. TKcTpeace document, a notable milestone in the histgrv of democracy, was signed at Constance in southern Germany, in the year 1183. The Tuscan cities played only a secondary part in the struggle, and did not receive the benefits of the peace, but they had with character- istic agility used the embarrassment of the emperor to strengthen their position. When Frederick, therefore, toward the end of his reign, and being now an old man, whose red beard had long since turned white, paid a visit to Tuscany, he found the cities not only governing 56 SIENA themselves by the consular regime, but possessed by conquest each one of its comitatus or a large part of it. The fiery emperor did not hesitate to show his dis- pleasure at this situation, took measures which raised the spectre of a Tuscan war, counterpart of the late struggle in Lombardy, and then, satisfied with the vigorous affirmation of his rights, relented, offering a compromise. A picture of his fortunes in Tuscany at this critical junction is furnished by a review of his relations to Siena. Let us examine them as briefly as possible. In the year 1179 the emperor's Italian legate, the Archbishop Christian of Mainz, had been captured by some private enemies and imprisoned at Montefiascone, pending the payment of an immense ransom. In return for a contribution to this end the Sienese received from the prisoner a charter,* recognizing not only the consuls but their rule over such districts in the comitatus as they had already annexed by the defeat of the feudal barons. As usual the concession did not hinder the application of the law of might, as soon as the tables were turned. When, in 1185, Frederick paid the visit to Tuscany already referred to, he attempted as before in Lombardy, to save the feudal system with its hierarchy of nobles, by destroying the usurped power of the cities. Siena resisted this diminution of her authority, yielding only after a siege conducted by the emperor's son, King Henry. In a reconciliation, so-called, of June, 1 1 86, the Sienese threw themselves abjectly at their sovereign's feet.f Pleased with the effect produced, the young king gave back to the town some of its cus- * Muratori, "Antiq. It.," IV, 575. f MM., IV, 467. THE FEUDAL AGE 57 ternary rights, solemnly confirming them in a parchment over his signature.* "In the name of the Holy and Indivisible Trinity, We, Henry VI., by divine favor, king of the Romans . . . make known to all the faithful of the empire, present as well as future, that in view of the merits of our trusty subjects, the citizens of Siena, we grant them (universitati ipsorum) the free election of their consuls. However, the consuls shall receive the investiture annually from our hand or that of our most glorious father, Frederick, emperor of the Romans, or that of our successors, without any charge or exaction. ... In addition we grant them full jurisdiction in the city of Siena, and outside the city, hi the comitatus, over the men belonging to the bishop of Siena or to any Sienese resident at the time this document is drawn up, saving the right of appeal in cases amounting to more than twenty pounds. Also, we grant to the Sienese people the fodrum f of these same men ... All nobles outside the city and all other men throughout the Sienese comitatus, except those noted above, with all jurisdiction over them, their fodrum and services in general, we retain in our power. Also, we concede to the Sienese the privilege of coining money hi the city of Siena. ... In witness whereof" [Follows a long list of witnesses, the seal of King Henry, and the date, October, 1186]. The full importance of this document will appear in the light of a rapid recapitulation. The consular regime had now been in existence for many years, being proved for 1125, and reaching back, with high probabil- ity, to an earlier date. Moreover, long before the ap- pearance of consuls, there had been self-government of one sort or another, beginning with simple parish * Ibid., IV, 469. f The fodrum was an important service, consisting usually of provisions paid by the barons to the emperor when he was on a journey. 58 SIENA matters and increasing steadily in scope. Although the providing for local interests of a purely administrative nature was sanctioned by a long and uninterrupted usage, and was tolerated, if not expressly endorsed, by the cen- tral feudal power, the seizure of the political direction by the citizens, or any group of citizens, as indicated by the election of consuls, was indisputably a usurpation. Luckily for Siena similar usurpations were universal in Italy, and fell, furthermore, at the auspicious moment when the empire was engaged in a struggle for its very life with the church. The result of multiform embar- rassments was that the successive emperors, however deeply they may have resented the illegal procedure of the cities, had to move cautiously. Pisa 1 withou^ whose money and _ ships the imperial action in southern and central Itaj^jgguld_have been paralyzed, as early as 1081 won a privilege from Henry IV, by which it Eecarfie "practically '"an independent republic.* In the same yeaTT^ucca received a patent conferring extensive prerogatives.! A hundred years later, in consequence of their victory at Legnano (1176), the Lombard com- munes acquired a sweeping sanction of the liberties which they had long ago seized as a natural and inde- feasible right. Siena, generally on the side of the em- peror against the church, had coaxed favors from several sovereigns in payment for her loyalty, but, as far as appears from surviving records, had never enforced the legalization of the consulship. However, the emperors and their agents had not refused to deal with the elected representatives of the city, thereby *Muratori, "Antiq. It.," IV, 19. f Picker, "Forschungen," IV, no. 81. THE FEUDAL AGE 59 accepting and honoring them in fact, if not in law.* Under the circumstances the status of Siena was both ambiguous and uncomfortable. The emperors, how- ever grateful to the town for its services against the pope and other enemies, conceded to it as little as possible in the hope that the time might come when they would be strong enough to reintegrate the feudal rule; and the citizens, for their part, although anxious to legalize a revolutionary magistracy, found a limited satisfaction in not being hindered in the exercise of self-government. In the year 1186 the contradictory position of emperor and townsmen led to a war in which the victory re- mained, as we have seen, with the feudal lord. King Henry could, therefore, dictate a settlement. His initial measure was to declare null and void the "sub- missions," by which the lusty city authorities had forced their yoke upon the nobles of the country. These nobles he took under his protection, declaring them subject only to himself. But, although he thus set back the development of the city, he made up for his action, in part at least, by a charter recognizing the consular rule within the walls and, beyond their circuit, over the territory of the bishop and of other Sienese residents. The consuls were to be freely elected accord- ing to local custom, but were to be fitted into the frame- work of feudalism a framework which Henry's posi- tion as a feudal chief obliged him to maintain by being enfeoffed with the city by their suzerain. How- ever much the citizens may have mourned the many * For the dealings with Siena of Rainald of Koln, Frederick's plenipoten- tiary in Italy in the period 1164-67, see Davidsohn, "Geschichte von Florenz," p. 498. Rainald's favors look very much like an express recogni- 'tion of the republican regime. 60 SIENA reductions of authority stated or implied in the charter of 1186, they had good reason to rejoice that their self- government now had a firm footing in law. In the shelter of the imperial privilege the free institutions of the town, still in a rudimentary form, could be elaborated with greater dispatch and security. It is perfectly plain that the fundamental considera- tion with Henry, in issuing his diploma, was to preserve the country nobility in its immediate dependence on the empire. For this purpose he made a concession to the city in the matter of self-government, but at the same time he declared firmly that from the nobles and imperial fiefs in general the townsmen must keep their grasping tentacles. From his point of view his policy is perfectly intelligible. If things went on in the future as they had been going on in the past, each city would presently be paramount in its contado, the feudal nobility would be reduced at best to a class of citizen- landholders, and the emperor would find the services due to him usurped by the towns, his income gone, and himself in effect crowded out of his kingdom of Italy. The citizens, on the other -hand, were as imperatively driven to persist in their course, for, with the comitatus and its highways in the hands of the nobility, what assurance did they have that they could pursue the trade by which they pros- pered ? They might bend a humble knee before their suzerain coming at the head of an irresistible army, but, as they held life dear, they would have to strive openly and secretly to bind the countryside to their interests with hoops of steel. This terri- torial struggle was, therefore, the necessary concom- THE FEUDAL AGE 61 itant of the struggle for political recognition which we have just followed. As a matter of fact all the towns had no sooner taken their first steps on the road to self-government than they began to realize their parallel aim of controlling the neighborhood. The whole twelfth century of Sienese history is filled with wars conducted for this end, and about the same time we first hear of consuls, we hear also of the first "submissions" made to the city. In 1137 the Soarzi surrendered a fourth part of Monte- castelli and other dominions to Siena;* in 1138 Count Manente ceded to the bishop and people one-sixth of the castle of Radicofani, on the border toward Rome;f in 1145 the abbot of San Salvatore on Monte Amiata followed the example of Count Manente and yielded certain rights of his own in Radicofani ;J in July, 1151, Count Paltonerius of the Forteguerra family gave up San Giovanni d'Asso, a fortified place to the east; in 1157 the Ardengheschi sold the hill of Orgia, just beyond the southern gate, after the Sienese had taken and burned the castle there; || and in 1168 Count Ildebrandino Cacciaguerra lost the important little town of Asciano.fl These are a few items selected at random from an almost interminable record of triumphs, of which the Sienese archive preserves the moving memory. In spite of varying terms of submission all the treaties affirm alike the purpose of drawing the baronage within the radius of the city's influence. As this was the feudal age, the * Archivio di Stato, "Caleffo vecchio," c. 4*. f Ibid., "Caleffo vecchio," c. 2it. j Muratori, "Antiq. It.," IV, 567. Archivio di Stato, "Caleffo vecchio," c. 21. II Ibid., c. 17. 1f Ibid., c. jt, 8 62 SIENA conquered nobles had imposed upon them also a ceremony of submission, some of the details of which we may learn from the legal documents. From the parch- ment of 1 157, for instance, we learn that the Counts Ar- dengheschi were obliged to appear in person before the people of Siena assembled in parliament in front of the episcopal church, and to confirm their renunciation of Orgia with an oath. The notary invited to give the surrender the necessary legal form, affirmed the ap- pearance of the- counts in language devoid of every human touch, but our imagination readily revives the stirring scene. The present wonderful cathedral with its facade gay as a parti-colored carpet did not yet exist; in its place stood a smaller and a ruder church, dedicated, like its successor, to the Virgin and ap- proached by a flight of steps from the open square in front. On this square, on that February day duly noted in the document, are crowded the citizens of high and low degree, gesticulating, chattering, exulting in the fall of their enemies. At last the counts appear upon the stone terrace before the church to take the oath. Silence falls upon the close-pressed throng until the decisive word is spoken, and then, a shout! The accumulated hate of generations finds vent in that spontaneous cry.* * As it may interest the reader to note the kind of terms on which defeated noblemen usually surrendered their sovereignty and became citizens, I add the document by which four counts of the Cacciaconti family acknowledged their subjection to Siena: "In the name of the Lord, Amen. We, Cacciacomes, Cacciaguerra, Guido, son of Cacciacomes, and Rainaldus, son of Ildebrandinus, swear on the Holy Gospels, that henceforth and forever we shall be Sienese citizens, and shall preserve and protect every person of the city of Siena and of its suburbs and their goods. . . . And we, Cacciacomes, Cacciaguerra, and Rai- naldus promise to reside within the walls of Siena for three continuous THE FEUDAL AGE 63 In all the earlier documents preserved in the Sienese archive the submission, on the part of the conquered nobleman, is made not only to the people but also to the bishop, and sometimes to the bishop alone. This was an empty formula, which should mislead no one into the belief that the bishop was the ruler of the city, or even in the slightest way the special beneficiary of the victories of the citizens. The bishop had indeed long been a great lay lord, as is amply proved by the diploma of 1055, but with the rise of the commune he found him- self in much the same position as the other lords, and by degrees which escape our attention yielded his temporal sovereignty to the vigorous commonwealth. Signs that his yielding was not altogether graceful are not lacking, for we hear of one bishop, Ranieri by name, who in the struggle between Barbarossa and Pope Alexander leaned too openly toward the church and was driven out of the city by a popular uprising. He died in exile (1170) "expulsus a scismaticis" a not un- common fate in those days of political and ecclesiastical revolution.* But if the Sienese were thus occasionally in conflict with their bishop as a power commanding a considerable political influence, they had no serious months in time of peace as well as in time of war. (Guido, son of Caccia- comes, makes the same promise for two months.) And we swear we will give ear and attend to the commands of the Sienese consuls as well as to the com- mands of the court officials (consules placiti) who will summon us in matters of justice. And we shall retain the privileges enumerated in various chapters of the breve constilum (i. e. the Sienese constitution). . . . And we shall offer every year to the cathedral church of Siena, on the festival of Our Lady of August, one candle of six pounds (for our possession of) Monte Santa Maria, and one of eight pounds for Chiusure (and so forth for six other places specified). Done at Siena. . . . February, 1197." Muratori, "Antiq. It.," IV, 583- * For the narrative of Bishop Ranieri's conflict with Siena see an article by Davidsohn, "Bull. Sen.," V, 63 /. 64 SIENA quarrel with him as spiritual head of the state. On the contrary they looked upon the great prelate with sincere veneration, and when they ordered the notaries to formulate the surrender of towns and castles as made to him, they did so in the prudent calculation that their conquests, essentially illegal, might seem less offensive by being draped with the authority of the church.* In consequence the imperial power, which the illusory phrasing planned to conciliate, had no sooner begun to wane than the citizens dispensed with their stalking- horse. By 1186 the position of the townsmen had become so firmly established that not only was the fiction of the bishop's supremacy entirely dropped in the documents of submission, but in the imperial char- ter of that year the sovereignty of Siena over the episcopal territories was expressly recognized. It certainly de- serves to be noted as a sign of the advancing organiza- tion of the state, that by the year 1186 the church of Siena was, as regards its landed possessions, already subordinated to the civil power. The breakdown of the empire in Tuscany,jfelajed as far as^humjnTp^^ Barbarossa, came with suddenness^^nd^completeness .in i the jf ear 1197. jnjjiajryear Henry VI ? the energetic and^unscrupulous successor of Frederick, died in Sicily, leaving __asTKTs heir a boy in swaddling-clothes. No sooner did this news reacr^the north than_lhe Tuscan cities rose in rpvn|t. They met at San Genesio, beneath that lofty San Miniato, which ~was'~trTe'~centre of Jthe imperial a^rrnmsjTation for the Tuscan prpvinrp, ?mj * The Florentines, among others, followed a similar practice. See for their procedure Santini, "Contado e Politica Esteriore del secolo XII," p. 44. THE FEUDAL AGE 65 formed a league planned to secure them against any fufufe'tyranny of the^emgire^ Now the best security of a free condition was the subjection of the neighboring lords, mainstays of the imperial power, who would have been reduced to obedience long ago and definitely, but for the frequent interposition in their favor of the em- peror. With Henry's death came the great opportunity : the cities formed their spontaneous union, and proceeded straightway to realize its main object, to wit, that each city should put itself in possession of its contado. During the following years while the empire was almost annihilated through the convulsions attending a dis- puted succession, the Sienese reduced, either to direct submission or to dependence through the less humiliat- ing form of an alliance, all the great families which still defied their authority. In the year 1197 the sharp sword of the townsmen once more smote the Caccia- conti, who now definitely became Sienese citizens;* in the year 1202 the Counts Ardengheschi agreed to pay an annual hearth-tax of twenty-six denari for each fam- ily resident in their many lands ;f in the same year the Counts of Sarteano signed an offensive alliance directed against Montepulciano;J finally, in the year 1203, the Aldobrandeschi, the greatest of all the feudal families and destined to loom terrible on the horizon for another century and a half, signed a treaty of friendship, the first, if inconsiderable, step in the long process of their subjection. As minor towns in the neighborhood were not less * See foot-note, p. 62. t Malavolti, p. 41, della Prima Parte. J Ibid. $ Archivio di Stato, Section Diplomatico. Date Jan. 4, 1202 (old style). 66 SIENA offensive to the pride and ambition of Siena than the great lords, this same occasion, when the empire was in abeyance and the Tuscan towns were bound together by a general convention, was used to bring into sub- jection all neighboring places which might become the basis of military or commercial action against the re- gional metropolis. In pursuit of this policy, Montalcino, crowning a magnificent conical hill to the south, fell, not without stubborn resistance, into Sienese hands (1202).* Thereupon the townsmen girded their loins for a still more hardy enterprise, the capture and sub- jection of Montepulciano, which lifted its towers and battlements not far to the east of Montalcino. But now appeared prominently a new difficulty, which had long cast its shadow before. The attempt to seize Monte- pulciano was furiously resented by the Florentines, even though they were in formal alliance with the Sienese. Not content with enjoying their own comitatus, the ambitious dwellers of the Arno valley were already aspiring to control a vaster region, if not to dominate all Tuscany. They resolved at all hazards to check the expansion of Siena, and determined by guile, and when guile failed by war, to keep the Sienese out of that hill- town to their east, dominating the Chiana valley and opening a gate to all central Italy. Thus the two cities lately allied for a common end against the emperor, at the beginning of the new century turned upon each other with unexampled bitterness. The whole thir- teenth century resounds with this struggle, in which each seeks aid wherever it can, from Tuscan city neigh- bors, from feudal nobles, from pope and emperor. * Malavolti, p. 41, della Prima Parte. THE FEUDAL AGE 67 Pisa, Lucca, Arezzo, Pistoia, all figure in the conflict; its object, the supremacy in Tuscany. The century which we have been considering, the century of the great Hohenstaufen emperors Fred- erick I and Henry VI, did not close without a significant change in the chief magistracy of Siena. The other towns went through a similar evolution, approximately at the same time. Did the consuls, whose number varied from three to six, prove, as a plural executive, incapable of that quick decision demanded by the needs of the hour ? Very likely with the increasing complication of society, with friction among the urban classes, and with foreign war, a certain cumbersomeness would appear in this magistracy, and would create a preference for a single head. Single executives, I have already said, were from time to time intercalated in the succession of consuls almost from the first. The idea made headway, and with the advent of the thirteenth century, almost all the cities replaced their consuls with a single ruler, called potesta. The first potesta * of Siena came from Lucca in the year 1199; in the next year a native, Filippo d'Orlando Malavolti, filled the office. But the young republic looked with marked distrust upon a native ruler, fearful lest he use his position to push the material interests of his family, or, still worse, to perpetuate his power with the help of some faction and crown himself the city's tyrant. In consequence, and as security against this dire eventuality, a decision was made after a period of fluctuation in favor of a foreign potesta on the ground that he would be un- * See for a full list of the Sienese potesta "Miscellanea Storica Sanese," IV, i86/. 68 SIENA acquainted with the factions of the city and presumably willing to maintain an independent position among them. His term of office in the beginning lasted usually one year and he was handsomely housed and remunerated. It is impossible to see the replacement of the consuls by the potesta in any other light than that of an advance in political organization. However, it was a change merely at the top. The foundations upon which the government rested did not suffer change, and these foundations, although they comprised, in a broad sense, the whole people of Siena, were, closely considered, essentially aristocratic. Let us see what that means: The consular constitution was undoubtedly due to the democratic impulse of the new centres of life, the towns, but the free associations, the union of which gave birth to the commune, were composed of, or at least were directed and controlled by, a relatively small class of wealthy members. These alone enjoyed full citizen rights in the commune. This needs to be said expressly in rectification of the common tendency to overstate the case of the young democracy of Italy. And yet that that democracy would be limited in its early stages must appear the moment we reflect that the upper class alone possessed the material resources and commanded the experience of life required to make the best of the new opportunities which offered with the revival of com- mercial intercourse among the nations. And that brings us to the question as to what elements of society com- posed the ruling class in the first phase of the free com- mune. The answer varies, within certain limits, for the different towns of Tuscany; but for Siena, which is THE FEUDAL AGE our immediate concern, we may affirm that the upper class of the consular era consisted of a group of lesser feudal lords, who, possessed of fiefs near the city, dwelt within the walls and were therefore citizens, and that allied and practically identical with them was a group of burghers who had prospered in trade, notably in the lucrative business of money barter. This upper group of the well-to-do was variously designated as nobles, magnates, and grandi. No effort was made to distin- guish socially between those rich by virtue of land and those rich by commerce, or to place one kind of riches above another. In fact such a distinction would have been impossible owing to the circumstance that the Sienese gentry engaged in commerce without a touch of the usual aristocratic contempt for trade, and that the successful bankers preferably invested their funds in agricultural property. From the ranks exclusively of these leading citizens were chosen the consuls in the early days of self-government, with the result that to the prestige which the dominant class enjoyed by reason of its wealth was added the further prestige associated with political prerogative. As soon as the development of industry and com- merce succeeded in awakening new strata of the citizen body to mental and economic activity, it became im- probable that the favored political position of the oligarchy could be maintained. Then with the blood running red in their arteries the masses would be certain to make an effort to break down the monopoly of the upper class. The thirteenth century had hardly begun when the people opened the combat. In the year 1212 a Sienese chronicle reports a struggle (the 70 SIENA first of which we have definite information) between giandi andj!>oo/o. It is the inauguraaon^pf^the .chamer of domestic revolution, a long and dreary story, and destined noTlo be closed until Siena herself ended her life as an independent state. The chronicler reports under the year 1212: "St. Francis of Assisi of the Order of the Brothers Minor came to Siena; and there was great enmity between people and nobles, and he made peace and union among them."* No more than that: a class struggle, which St. Francis, the good brown brother, exercising his inspired ministry of peace on earth, composed. Slight though the information be, it is pleasant to have the assurance that that kindli- est of spirits once entered in very flesh the gate, paced the narrow streets, and laid his inexorable benediction on the turbulent factions. Did he favor the claims of the people against the grandi ? We cannot tell, but this we know the brief entry is precise that with the thirteenth century began a struggle for a wider partici- pation of the people in the government of the city. The year 1200 marks a convenient mile-stone in the historyjpf jjena where we may pause a moment to look backward and forward. The empire, moving plainly to its setting, was no longer able to count greatly in Tuscany either for good or for ill; the bishop, once a ruler of great sway, had been reduced, as far as his territories~wefe~concerned, to citizenship; the feudal nobles, if not annihilated, had all felt the rod of the burghepn their backs. These triumphs of the twelfth century declare*! that Siena had broken her feucTal * Muratori, "Scriptores," XV, Cronica Senese, ad annum, note 4. See for confirmation of St. Francis's visit to Siena, the "Fioretti," chap. XI. THE FEUDAL AGE 71 shackles and had embarked upon a career of independ- ence. _^But a^jthe^jold difficulties vanished from the path of the republic, fresh ones rose to take their place. In the new century Siena would have to faceJFlorence to decide the question of supremacy in Tuscany; she would have to solve_the domestic struggle between oli- garchs and democrats. And greater than either of these issues, if we consider well, she would have to meet the problem, sole measure of every community's true worth, the problem of building a noble mansion for herself upon her hills and finding a human mind and soul to house therein. CHAPTER III THE SIENESE CHURCH WHAT we have heard so far of the bishop, head of the Sienese church, does not differentiate him particularly from any other feudal lord: he quarrels with his neighbor of Arezzo for five hundred years, renewing ever and again, and in a spirit gro- tesquely unchristian, the attempt to possess himself of the eighteen baptisteries, and he goes on accumulating immunities until, by the diploma of Henry III (1055), he acquires, in addition to the usual jurisdiction over the clergy in his diocese, the political dominion over territories constituting a considerable section of the city and county of Siena. To be sure, in the twelfth century, his temporal authority waned, being gradually absorbed by the rising commune, but did he for that reason become an unimportant figure in the state ? Not in the least, for we must not fail to see that if the bishop, being the child of his time, was infected with the feudal spirit and tried to secure as wide a secular dominion as possible, his authority with his diocesans and his good name in the world did not depend on his military and financial resources, but rested, in the final analysis, on immaterial claims: his authority was spiritual. Thus it had been at the beginning when the church was the bride of poverty, and thus and not otherwise it still was in the twelfth and thirteenth cen- 72 THE SIENESE CHURCH 73 turies, after a stream of pious donations, both long and deep, and the grant of the tithe by the state together with freedom from taxation, had transformed it into the wealthiest corporation of the age. But even had its riches disappeared, or had they been appropriated by some such act of force as that by which Siena and the other rising communes deprived their respective bishops of political jurisdiction, the life of the church, its real life, would hardly have been threatened. For the church was an idea, the most powerful and universally distributed idea of the Middle Age, and as long as that idea retained its vigor, any catastrophe, if we can con- ceive of such, which at some dusk should have obliter- ated its material existence, its shrines, its houses, its rents, would have been followed the next morning by a rain of donations reestablishing it in its integrity undiminished by a jot or tittle. We call the mediaeval period currently the Age of Faith. There is much mistaken information disseminated in books and ser- mons about the quality of this faith and the loveliness of its works and of these misconceptions we shall hear anon but the mediaeval period is the Age of Faith unmistakably in the sense that all men accepted the church as the divinely appointed instrument of salva- tion, and believed that the seven sacraments, adminis- tered by bishop and clergy, were the seven converging roads to heaven. With such faith abroad, burning in every heart, the church was indeed founded upon a rock. To the awe and reverence inspired by the church on the score of its service in saving souls, other elements, almost from the first, contributed. When society went to pieces under the hammer-blows of the Barbarians, the 74 SIENA church alone of Roman institutions resisted dissolu- tion and became a rallying-point of the cowed and broken population; and when, in the course of time, men began again to take heart and interest themselves in the conduct of their own affairs, we have seen that it was the parish church, the familiar symbol of the bond of neighborhood, which served as the focus for all the community interests, religious, social, and polit- ical. As it was possible to assert that the free commune with its consuls, its governing boards, and its parla- mentum, represented the evolution of the parish meet- ing, so we may with the same assurance affirm that the palazzo pubblico or city hall was the direct descendant of the parish church. And since the new city-state leaned in its infancy so largely on the older and firmer ecclesiastical organization, we ought not to be surprised to discover that this early dependence left its mark in the form of an enduring intimacy between the old associates. Here is the feature of the mediaeval period that more than any other remains incomprehensible to the modern mind. Church and state, far from hold- ing aloof from each other and drawing a definite trench between their activities, were fused to such an extent that the state concerned itself without contradic- tion with certain affairs of the church, and the church without contradiction with certain affairs of the state. In fact it never occurred to any one that the functions of church and state cojuld be entirely separated, since the cooperation of both was necessary for the preserva- tion of society. Nevertheless, as the democratiV prinrj-, pies gathered vigor and the views of men concerning the function of the civil power were enlarged and c|arjfip^, wq The House of Saint Catherine THE SIENESE CHURCH 75 may notice a tendency to reHi^f thp sharp of the in the business of society, and to emphasize the suprem- acy of the" state over all the affairs of its members. These views of a modified clerical domination were reflectedlrT all the cppstitutions of the yoijng Italian republics, and with no little force in the earliest draft of the Sienese constitution which has come down to us, belonging to the year 1262. _ As this document affords a very clear picture of the relations of church and state within the frame of the commune, we cannot do better than to take our stand upon the information which it supplies. If some reader is tempted to object that the year 1262 is a relatively advanced period in the evolution of the commune, he may rest assured that the condition of the church in that year was not substantially different from what it had been during the previous century, for since 1186 at the latest the year when Henry VI issued his charter of liberties the territories of the church had been a part of the political dominion of the city and the church itself reduced to some kind of dependence on the young commonwealth. The Sienese constitution devotes innumerable articles to the affairs of the church and the clergy, plainly indicating thereby the large place which religion filled in the public life of the time.* Among these articles is a solemn declaration to the effect that Catholicism is the sole religion of the state and that its injunctions must be satisfied by every citizen of high or low degree under penalties which, according to our present code, are not only severe but even atrocious. The articles further declare that the *"I1 Constitute di Siena dell' anno 1262." Edited by Zdekauer. See Distinctio I, "De Fide Catholica." 76 SIENA state will protect all the possessions of the church and suppport its enterprises, as, for instance, its building operations, with generous contributions; but, in ex- change for these benefits, the document affirms in reso- nant tones that the state expects obedience from the church and its members in all matters recognized to be o strictly temporal. Of course with the long established independence of the church in matters spiritual the state did not pretend to interfere. Reducing the varied information afforded by the Sienese constitution to general terms, we may assert that, in spite of certain losses which the church sustained by being detached from the imperial system and assimilated to the com- mune, it remained under the new regime a powerful, self-directive polity. Throughout the history of Siena as a free commune there obtained, therefore, the idea of a partnership between two coordinated governments, the one supreme in matters temporal, the other in matters spiritual. A Sienese citizen as possessed of membership in both gladly paid equal allegiance to them, and rejoiced in the success and greatness of the church no less than in the success and greatness of the state. His patriotism took this double direction without any sense of contradiction, and, happily for him, without occasion for feeling any contradiction as long as the world rested content in a single absorbing and satisfying faith. It is this patriotic feeling toward the church that explains why, when the bishop of Siena raised a technical issue with his neighbor of Arezzo, the citizens of Siena took a hand in the quarrel and in that dim scuffle of the year 711 drove the Aretines into flight; and again it is the patriotism of the THE SIENESE CHURCH 77 Sienese which accounts for the fact that their bishop would not be silenced by an endless succession of royal, imperial, and papal sentences, but, prompted by the pride and ambition of his spiritual subjects, constantly renewed his suit. If we have become convinced that the love of the church among the mediaeval communes was T to a large extent^ a manifestation of local patriotism, we are prepared to understand the peculiarly intimate relation which bound the residents of Siena to the saints of their home. The saints dwelt indeed in heaven, garmented in light and intoning songs of praise around the throne, but also in a mysterious way they were present in Siena and took brotherly cognizance of the ills of those who brought them gifts and called upon them from their hearts. This nearness to the divine powers stirred the soul to its depths and produced all those exquisite manifestations of religious fervor in which mediaeval Siena abounded. Above all it produced the inspiring ceremonies, national in the truest sense of the word, associated with the worship of the Virgin Mary. To her was dedicated the cathedral, seat of the bishop; and just as the cathedral bound all the shrines and churches of the Sienese dominion into a concordant whole, so, regardless of parish obligations to other saints, the Virgin laid her mild injunction on every heart. Her annual festival was a day of joy and thanksgiving, officially proclaimed by the state and celebrated spon- taneously by the whole population. It fell on the 1 5th of August, the day of her assumption to the side of her Son. To evoke that wonderful festival is not only to set before our eyes in material form the strange fusion 78 SIENA achieved by the mediaeval mind of the life terrestrial and the life spiritual, but also to realize one of those gay and colored spectacles for which the modern world has no equivalent, and which are like the moving page of some blithe and exquisite romance. A general animation became apparent in the city as the middle of August drew near. The town crier, sounding his trumpet before him, passed through the streets announcing the programme for the festival; at the same time he made proclamation concerning the great fair of three days,* which, with characteristic prudence and in keeping with the homely character of the celebration, the government did not hesitate to associate with the season of thanksgiving. On the eve of the looked-for day fell the opening public act. All the citizens from the age of eighteen to seventy, forming in procession according to parishes and under the leader- ship of the parish priests, marched to the cathedral. For the greater glory of Our Lady each celebrant carried in his hand a lighted taper, and before the citizens went the magistracy, attended by the carroccio or car of state, upon which were conspicuous the official offering of candle and banner. Thus before sundown of August 1 4th, Siena had renewed its vows to the goddess of its choice and love. But the next day came a procession of another kind, one which swelled the hearts of the old burghers with patriotic felicity. The castles, villages, towns, and monasteries, conquered outright or subdued under the euphemistic name of an alliance, knocked, as it were, at the gate of the city, and in the person of the proprietors or of elected delegates proceeded in *"I1 Constitute di Siena dell' anno 1262," I, 195. 79 solemn state to the duomo to repeat the oath of alle- giance to the victorious commune. A scene more splendid and, at the same time, more feudal cannot be imagined. The free town was a perpetual protest against the feudal system, but when the problem pre- sented itself as to how the shattered elements of feudal- ism were to be organized under the new sovereignty, the city leaders chose a solution which proved that they could not emancipate themselves from the domination of current legal forms. They simply assumed toward the nobles and corporations of the county the familiar position of suzerain. The morning of the fifteenth, therefore, saw the procession of Sienese vassals march to perform an annual act of homage. In that procession were the proud descendants of the ancient counts of the city, mitred abbots or their mandataries, the repre- sentatives of villages and towns; and in their hands they bore, in honor of the Virgin, each one a lighted candle. Through dense and exultant crowds they made their way up the marble steps of the cathedral until they stood within the portal, before the desk of a secretary of the commune. To the humble scrivener, seated before a solemn ledger, they consigned their offerings, all destined for the service of the Supreme Lady and consisting of candle-wax, or banners of brocade, or money, according to the articles of submission.* Meanwhile the fair had begun in the great central square called the Campo, at first merely an ordinary, undistinguished, provincial piazza, but gradually trans- * See for the official order of the day, "II Constitute di Siena dell" anno 1262," Distinctio V, 36, 37. Also, Toti, "Atti di votazione della cittk di Siena," pp. 10-16. 80 SIENA formed by the erection of public and private buildings into one of the most beautiful and most unique squares of Italy. Wooden booths in rows filled the wide space and their displays of delicates, oriental spices, armor, and goods of all kinds were intended to attract not only the peasants of the neighborhood but also foreign traders from Arezzo, Florence, and more distant parts. Mimes, acrobats, and musicians, the whole tribe of bohemians embraced under the more or less opprobrious epithet of homines curtis, flooded the city, reciting ballads, turning somersaults, and engaging in merry-making, each after his kind. To satisfy a very prevalent taste the government even authorized the erection of a gam- bling booth, around which, according to abundant evidence, always pressed an eager throng. At the same time the bells rang to worship, and into the open churches poured great crowds, drawn as much by the desire to see the flaming candles and decorations of the altar as to make offer to heaven of a contrite heart. Through- out the day the Virgin and the host of saints were conceived to hover close at hand, almost within reach of ear and eye, pleased with all the ways of their people. Thus on the I5th of August Siena mixed heaven and earth, achieving a national holiday that had all the elements of joy, sincerity, and poetry. This festival, repeated year after year and rousing with each return the emotions of an excitable people to a state of religious exaltation, led at last to one of the most moving and picturesque episodes of the Italian Middle Age. It was the year 1260. The Florentines, supported by almost all the other towns of Tuscany, had acquired the upper hand in the province, and now led THE SIENESE CHURCH 81 an army against Siena, wounded and at bay, to deliver the death blow. We shall have much to say of that memorable campaign when we take up the many wars between the two neighboring cities. Here I wish merely to detach from the struggle a wonderful, culminating episode in the worship of Mary. We have seen how that worship lay imbedded in the mystic longings, as well as in the daily thoughts and cares of the whole population. It sank roots which drank at the well of tears. Love of home, yearning for heaven, right living and forgiveness the name of Mary signified all that. And now the Florentines were at the gate and the day of doom seemed at hand. Is it wonderful that this people, thoroughly convinced of the power of their patroness to save as well as to destroy, should have given themselves into her hands utterly and without reserve ? An old chronicle * records the story in words of which no translation, be it regretfully confessed, can render the subtle flavor. After telling us how in their black hour the city council made one of their number, the excellent Buonaguida Lucari, head or syndic, it proceeds: "And whilst this election was in progress, our spiritual father, my lord the bishop, caused the bell to ring to summon his clergy. And he made to come together all the clergy of Siena, priests, and canons, and friars, and all the religious, to the duomo, and being * This famous chronicle exists in several MSS. of the first half of the fif- teenth century. It is generally held that they are all transcriptions or versions of a much earlier original. The Sienese antiquary, Porri, has earned our gratitude by publishing one of the manuscripts in his "Miscellanea Storica Senese," 1844, under the title, "La Sconfitta di Montaperti, secondo il MS. di Niccolo di Giovanni di Francesco Ventura." The above vigorous and skilful translation is from the "History of Siena" of Langton Douglas, p. 84 ff. Mr. Douglas, in addition to Porri, has made use of an unpublished MS. in the Ambrosian Library of Milan. 82 SIENA assembled there he made a short sermon to them, admonishing them and comforting them, and bidding them pray to God and His Most Holy Mother, the Virgin Mary, and to all the saints ... for the people of the city; . . . that as he had spared the city of Nineveh because of its fasting and repentance, so it would please Him to free Siena from the fury and pride of these knaves of Floren- tines. And so he ordained that every one should make bare his feet, and should go devoutly in procession through the duomo, singing with a loud voice and invoking ceaselessly the pity of God. "And whilst my lord the bishop with all the religious and clergy were thus going in procession singing their litanies and prayers, God did put it into the mind of the syndic, that is to say of Buona- guida Lucari, to rise, and say in a voice so loud that he was heard by the citizens who were outside the church in the piazza of S. Cristofano: !My lords of Siena, and my dear fellow citizens, we have already commended ourselves to King Manfred, now it appears to me, that we ought in all sincerity to give ourselves, our goods and our persons, the city and the contado, to the Queen of life eternal, that is to say, to our Lady Mother, the Virgin Mary. To make this offering, let it be your pleasure to bear me company.' "And no sooner had he said these words than this Buonaguida stripped himself to his shirt. And, being barefooted and bare- headed, he took his leathern girdle and fastened it round his neck with a slip-knot. And in this guise, at the head of the procession of the citizens, he set out towards the duomo. And behind him went all the people; and whomsoever they met by the way went with them, each man being shoeless and without cloak or hat. . . . And as they went they ceased not to cry 'Mary Virgin, succor us in our great need, and deliver us out of the claws of these lions, and from these haughty men who seek to devour us.' And all the people prayed, 'Oh, Madonna, most holy Queen of Heaven, we miserable sinners entreat your mercy.' "And upon their arrival at the duomo, my lord the bishop was going in procession through the church, and was at that moment at the high altar, before our gracious Lady, the Virgin Mary. And he began to sing the ' Te Deum Laudamus ' in a loud voice. "It was just then that the people reached the door of the church, THE SIENESE CHURCH 83 and commenced to cryout'Misericordia, Misericordia!' with many tears. At that plaint so dolorous and piteous, my lord the bishop and all the clergy turned round, and went to meet Buonaguida. And when they were come together, all kneeled down, and Buona- guida prostrated himself to the earth. Whereupon my lord the bishop raised him up and gave him the kiss of peace. And then all the citizens went one to another and kissed one another on the mouth. And this was done at the entering to the choir of the duomo. "And taking one another by the hand, my lord the bishop and Buonaguida went up to the altar of our Mother, the Virgin Mary, and there they kneeled down with great lamentation and bitter tears. And this venerable citizen, Buonaguida, lay all prostrate on the ground, and so did all the people, with much weeping and many sighs. And so they remained for a quarter of an hour. Then Buonaguida raised himself to his feet in front of our Mother, the Virgin Mary, and uttered many wise and prudent words. And amongst others he spake these following: 'Oh, Virgin, glorious Queen of Heaven, Mother of sinners! I, a wretched sinner, give, grant, and yield to thee, this city and contado of Siena, and I pray thee, sweetest Mother, that it may please thee to accept it, notwithstanding our great frailty and our many sins. Regard not our offences, but guard, defend, and deliver us, I be- seech thee, from the hands of these perfidious dogs of Florentines, and from whomsoever may wish to oppress, to harass, or to ruin us.' "These words having been said, my lord the bishop went up into the pulpit and preached a very beautiful sermon, admonishing the people with good examples, and praying and commanding them to embrace one another, and to forgive one another all trespasses, to confess and to communicate. . . . And he charged them that they should go with him and with all the clergy and religious in procession. "And in this procession before all the rest went that carved crucifix which is in the duomo, and immediately after it followed many clergy. Then came a red standard, behind which walked my lord the bishop. He was barefoot, and by his side was Buonaguida in his shirt, with his girdle around his neck. Then 84 SIENA followed all the canons of the cathedral, all without shoes and bareheaded, and as they went they sang psalms and hymns very devoutly. After them passed along all the women, shoeless and bareheaded, and a part of them with hair dishevelled, ever com- mending themselves to God and to the most holy Mother, the Virgin Mary. And so they went in procession to S. Cristofano, and into the Campo, and returned to the duomo. And they commenced to make peace one with another. And he that had received the greatest injury went to seek out his brother to make peace with him, and to pardon him, and to kiss him. And soon concord was made. ..." Which befell on the zd of September, 1260; and the next day the Sienese marched out of the city with un- furled banners and in the furious battle of Montaperti swept the Florentines off the field like chaff. Seeing that their exaltation gave them irresistible strength they were not far wrong in ascribing their victory to the Virgin. More than ever Siena was henceforth her city, the Sienese her sons. That presentation of the keys in the duomo was an act unconsciously moulded by the prevailing feudal ideas. By virtue of it Queen Mary became sovereign and liege, ruling amcena Sena as her earthly fief. The very coins henceforth recounted the new glory, for from the time of the dedication they appeared, bearing in addition to the ancient legend, Sena Vetus, the proud words, Civitas Virginis. The gate out of which the Sienese marched to strike the enemy opened upon the country to the east, and was and is still called Porta Santo Viene (The Saint Comes). And thereby hangs the tale of another procession which deserves a word in this record of the cordial relation of a mediaeval people and its saints. Older than Monta- perti by one hundred and fifty years, the story introduces THE SIENESE CHURCH 85 us once more to the Sienese protomartyr, Sant' Ansano, and to the church at Dofana, which possessed his body and had from the early eighth century been the occasion of furious litigation between the bishops of Arezzo and Siena. In the year 1108 the body of the saint, a price- less relic, which had lain undisturbed for eight hundred years, was exhumed. The bishop of Arezzo and his followers, full of distrust against their neighbors, were for carrying it away with them, but yielding either to reason or to force, agreed to a division.* Accordingly the head was apportioned to Arezzo, the trunk to Siena. On February 6, 1108, occurred a remarkable scene.f The Sienese clergy accompanied by many people went to Dofana to bring back the martyred saint, now a heap of dust without a skull, to the city which he had given his life to save. As the procession, moving to the accompaniment of solemn chants, drew near the gate the waiting people rushed forth unable to restrain their jubilation. Cries of "// santo viene! II santo viene!' rent the air, and from that day the gate by which Ansano had gone forth to death and had returned triumphant, after biding his time for eight centuries, has been called from the auspicious event.J * A spirited account, contemporary or almost contemporary, and curiously distorted by Sienese bias, may be found in Pecci, "Storia del Vescovado di Siena," p. 145 /. t Date and fact supplied by "Annales Senenses," Monumenta Ger. Hist., Scriptores, XIX. J The Porta Santo Viene is now interchangably called Porta dei Pispini from the name of a neighboring fountain. In connection with the older name I may note that doubt has recently been thrown, not on the above procession, which is an indisputable fact, nor on the name of the gate, which is no less certain, but on the origin of that name. It has been pointed out that Santo Viene may be a popular corruption of Sant' Eugenio, a monastery close by, from which the gate in remote days may conceivably have been named. See Bargagli-Petrucci, "Le Fonti di Siena," I, p. 31.0. 86 SIENA But to return to the proffer of the city, to the Virgin on that dark September day when the army of the Florentines lay outside the city. The reader will recall that the procession of citizens, chanting and crying mercy, wound from the duomo to S. Cristofano and back again. The duomo was on the southern hill of the city, while the church of San Cristofano lay to the north on the way to Porta Camellia. Note these two terminals, for they are an affirmation of the dependence of the young state upon the church, a dependence which must have been great indeed, since Siena, al- though by the year 1260 a commonwealth of consider- able importance and long past the period of apprentice- ship, did not yet have a separate edifice to house her civil government. True, the first steps looking to the creation of permanent municipal offices had been taken, for we hear of a mint and a general salt-store existing on the Campo, but the potesta still had his private residence in some house which he rented from a citizen, and conducted court in the church -of San Pellegrino. In San Pellegrino, too, were installed the administrative offices of the commune, known as La Biccherna, while the city council, called the Council of the Bell, came together in the church of San Cristofano. In 1260 this O last edifice fulfilled in some sort the functions of a city hall. That is the reason why the penitential procession, making the round of the city, swung between it and the cathedral. The great palazzo pubblico, which in our own days dominates the central piazza and constitutes the chief monument of Sienese civic pride, was not begun till the end of the thirteenth century. So long did it take for the mediaeval mind to learn to differentiate THE SIENESE CHURCH 87 between civil and ecclesiastical functions and to recog- nize the necessity of an entirely separate physical organism for the state ! Again I may point out that we must always keep present before us the essential crudity of the society of this early republican period and its total unfamiliarity with that political theory and practice which give our proceedings so much more precision and firmness. Nothing is so certain as that the town government, in process of slow formation for hundreds of years, took each forward step only under the pressure of the new practical necessities attending the commercial expansion of the city. Therefore the churches, being the only spacious edifices which a mediaeval city boasted, were quite good enough for secular matters until the accumulation of business and the more elaborate organization of the government demanded offices of special construction. The Sienese church, such as we have found it, was undoubtedly alert and vigorous with red blood coursing in its veins. In spite of abuses which cropped up from time to time, it maintained an effective organization of parishes and baptisteries, by which its spiritual comfort was made accessible to the poorest beggar of the town and to the lowliest charcoal burner of the mountains. But it could not, even when served by a devoted priest- hood, satisfy the extraordinary religious fervor of the Middle Age. Everywhere in Europe the passion for sanctity gave birth to a special institution, by means of which men, withdrawing from the world and its lusts, could surrender themselves to a life of prayer and meditation. As early as the Apostolic Age an element ofOriental asceticism appeared in the Christian religion, 88 SIENA and in the course of time this element created a suitable expression of its ideal in the monastery. Naturally the monastic fervor did not fail to reach Siena, over whose territory it deposited its monuments with a lavish hand. Leaning from the rampart outside the gate of San Marco a large red mass rises into view. It is the monastery of Sant' Eugenio, called by the Sienese with a pleasant familiarity // Monistero, as if it were the only one of its kind. It was secularized in the eighteenth century when, after a thousand years of not unhonorable service, the ample cloisters and dormitories were turned without objectionable altera- tions into a country residence. II Monistero is the first monastic foundation of this neighborhood, owing its existence to a pious gift made in the year 730 by a Lombard gastald Magnificus Warnefnd Gastaldius Civitatis Senensis.* The monks under their abbot governed themselves by the Benedictine rule, the usual constitution adopted by all early monasteries. South of II Monistero, some twenty miles as the crow flies, and not far from Montalcino, may still be seen the fine ruin of a church marking the site of another Benedictine foundation, the abbey of Sant' Antimo. Its origin, too, falls probably in the eighth century, for, by the ninth, it was well-to-do and had acquired ample immunities from the emperors. Still it was overshadowed in importance by the great Benedictine house of San Salva- tore, which stood on the slopes of Monte Amiata, and which constituted one of the greatest feudal patrimonies of all Italy. San Salvatore, likewise, dates from that * The interesting deed was published by Pecci, "Storia del Vescovado di Siena," p. 44. THE SIENESE CHURCH age of monastic fervor, the eighth century, received gifts from many noblemen, coaxed immunities from emperors and popes, quarrelled constantly with its greedy and powerful neighbors, the family of the Aldo- brandeschi, declined, was plundered, and rose again what a story if our day had leisure to write and read such tales! Such are some of the oldest monastic foundations of the neighborhood of Siena. That they have been permitted to decay or been quietly surren- dered to unhallowed uses sufficiently defines the attitude of our time to the ascetic ideal of the Middle Age, but should not hinder us from doing justice to the period when their abbots owned rich estates and enjoyed equal consideration in the land with the great barons. The foundations I have named are of a very venerable antiquity, owing their rise to the first great wave of monastic enthusiasm which passed over Europe. No sooner had the force of the first wave spent itself than it was followed by another and still another; in fact, monastic revivals were a common phenomenon of a period which conceived them to be the highest expres- sion of its faith. Numerous were the foundations by which Siena marked its participation in all these move- ments. At the height of her power scores of greater and smaller homes dotted her territory within and without her walls.* I can do no more here than add to the list of original settlements the names of some of the more famous and enduring establishments of the later periods. In the valley of the Merse may still be seen the wonder- * For a partial list of such places, mostly vanished and forgotten, see the " Constituto dell' anno 1262," Distinctio I. Falletti-Fossati in his "Costumi Senesi," p. 115, reckons that in 1310 there were twenty-eight convents within the city alone, with over six hundred inmates. 90 SIENA ful ruin of the abbey of San Galgano, founded in the twelfth century in the days of the Cistercian reform. Outside the gate of Fonte Branda, in the deep solitude of one of the few magnificent forests which still adorn modern Italy, lies the Augustinian monastery of Lec- ceto; and at the opposite point of the compass, to the east of the town, lies, not buried in an enchanted wood, but high on a summit, commanding a wide view over rolling hills and valleys, the Certosa of Pontignano. In the naves and cloisters of San Galgano, Lecceto, and Pontignano the footsteps of the monks have long since ceased to sound, but, though fallen from their estate, they still speak with the compelling power of beauty of a time which entertained other hopes than ours and dreamed other dreams. Within the city proper the monastic wave of the thir- teenth century, which was the most fervid of all and which directed its energy particularly upon the towns, could not but have a large effect. I am speaking of the movement named of the begging friars and associated with the two towering figures of St. Francis and St. Dominic. Missionaries and brothers of these two orders got a foothold very early in Siena and, favored by the piety of the citizens, began the creation of those two edifices which, not without additions and changes imposed by the succeeding generations, still dominate respectively the east and west hills of the town. But Siena boasts a nobler product of the Christian spirit than its many monasteries of the city and contado, nobler because sprung from a more unselfish desire to render service to mankind. I am referring to the fa- mous hospital, which, erected opposite the cathedral THE SIENESE CHURCH 91 steps and called from that circumstance Santa Maria della Scala, still flourishes, accumulating new vigor with each century and multiplying its benefactions to the poor and heavy laden. Such an institution, keeping pace with advancing time, reaffirms our faith in the enduring power of the Christian ideal. Santa Maria della Scala, recognized in the days of the Italian republics as the greatest hospital of Tuscany, grew from a small seed, being in its origin nothing but a house of rest for pilgrims. Its founders were the canons of the cathedral church, whose bounties enabled it to take shape, probably in the eleventh century, for the first documentary reference to it is of the year 1090.* Its scope was soon extended, till it embraced many forms of charity, and constituted, besides satis- fying its original function, a hospital in our modern sense, a home for foundlings, an orphan asylum, and a poor house.f The service of the institution was performed by a company of volunteers, men and women, who took no religious vows, but wore a special garment with the insignia of the hospital and regarded themselves as a lay brotherhood under rules framed and voted by them- selves. These rules, enforcing a very rigorous discipline inspired by the monastic ideal, have been luckily pre- served for us in several redactions. J Besides giving the * See Banchi, "Statuti Senesi," Vol. Ill, Introduzione, p. 7. f Of the scale on which the hospital was established in all its services, the following inscription, touching the waifs of the year 1298 and still legible on the wall toward the piazza del duomo, gives a graphic impression: Hec domus facta est pro gittatellis in anno domini M.CC.LXXXXVIII in quo tempore sunt in numero CCC. gitetelli et plus. t The earliest redaction, of the year 1305, has been published by L. Banchi, "Statuti Volgari de lo Spedale di S. Maria Vergine di Siena scritti 1'anno MCCCV." 92 SIENA conditions under which the brothers and sisters were received, and precisely regulating such matters as prayer, food, and drink, they inform us that the com- pany was governed by a rector, elected in a general session. This privilege of naming their own ruler the brothers had not obtained without a struggle. In fact, almost from the first they were involved in a severe quarrel over the control of the institution with their patrons, the canons of the cathedral. Laymen though they were, and, therefore, in that age an inferior social order, they had seen the property of the hospital grow by the free gifts of themselves and their fellow-citizens, and chafed at the leading-strings of their superiors. The conflict was at last carried to the highest ecclesias- tical tribunal, to the pope at Rome, and by sentence of the year 1194,* the brothers were practically freed from canonical interference. Henceforth the great hospital of Santa Maria della Scala was in all respects a lay institution, operated by the brothers and enjoying the official support of the state, an expressive witness of the successful and inevitable emancipation of society from the church.f The Catholic church, which in the Dark Age, fol- lowing the invasions, held disorganized society together by means of its parish organization, which served as a *Muratori, "Antiq It.," IV., 585. f To the above brief historical account there is a curious legendary corol- lary. We are told that legends have a valuable historical kernel; that may be true in general, but the story recounted admirably by Banchi ("Statuti Senesi," Vol. Ill, Introduzione, 17-28) of how the brothers of the hospital, needing a saint and founder, discovered, or rather literally manufactured one, proves that some legends, at least, are cut out of whole cloth. The hospital was founded, as we have seen, by the canons. The brothers, hostile to the canons, would have preferred a lay origin. A wish warmly entertained is readily converted into a fact. The brothers spread the news not till the THE SIENESE CHURCH 93 staff to the young republics in the days of their youth, which fostered the spirit revealed in the monasteries of city and country and in such institutions of charity as the hospital of Santa Maria della Scala, was in the main a vast power for good. And yet it was constantly threatened with the sloth and corruption attending success. The inheritor of wealth and a secured position is always in danger of falling asleep, like the giant Fafner, over his treasure, to grumble like him when forcibly aroused: "ich lieg' und besitze; lass mich schlafen." Out of this indolence the church had to be shaken at frequent intervals by the elemental force of a popular revival. I have spoken of the many monastic movements, each of which earnestly tried to bring to the front the ascetic aspect of the Christian ideal. Much wilder agitations than these, originating generally in a protest against the hollowness of official forms of worship and ending in religious ecstasy, at- tended the evolution of society throughout the Middle Age. Every student of religion has heard of the flagel- lants, bands of whom, stripped to the skin and lashing their macerated bodies, passed again and again up and down the highways of the peninsula, chanting songs strange and terrible as the howling of eastern dervishes. If the church was inclined to resent all demands for fourteenth century of a pious cobbler, who began the hospital enterprise from his own means hundreds of years before; presently they named him Sutore or Sorore (Latin sutor cobbler); in the course of another generation they found his body, miraculously preserved dinanzi I'altare de'Pizzicaioli (A. D. 1492); and, finally, the whole amusing fabrication had an official stamp set on it by one of those lying lives of the saints put forth with bare- faced impudence in that unloveliest period of Italian history, the Counter- Reformation. Since then for the good popolano of Siena the fame of the cobbler, Sorore, rests upon a foundation of stone. 94 SIENA change raised by unofficial bodies, as constituting an interference with its authority and a threat against its peace, it generally took the wise course toward all these movements of letting them alone. The hysterical ones would soon spend their force and perish; the more durable might, with a little manipulation, be adopted and dominated. To the adopted class belong the move- ments associated with the Cistercians, Dominicans, Franciscans, and many other monastic societies. All these organizations, springing from religious enthusiasm and fed in part, at least, by the popular indignation against the vices and human insufficiencies of the clergy, were thus comfortably fitted into Rome's elastic system. All this can leave no room for doubt that, by the side of the established service of the Lord and His saints, solemnly conducted by the church and supplemented by the monasteries, there existed in the Middle Age an intense personal search for the fruits of the spirit, the continuation of the original evangelical passion. Some of the most exquisite as well as some of the most fero- cious phenomena of the religious activity of the period are the outflow of this individual attitude toward the problems of the life eternal. Among all the republics of Italy none was more rich in representatives of personal sanctity than Siena. Pier Pettignano, Saint Catherine, San Bernardino these are only the more prominent names in the list of her impassioned vision- aries. To the variety of religious experience for which they stand I shall give attention in another place, con- vinced that no other study will bring us nearer to the heart of this fascinating people. CHAPTER IV THE BURGHERS THE past contains the record of many cities whose mere name suffices to set our imagination on fire. Athens, Rome, Venice, Florence all these gave birth to a wonderful civilization, which survived their political power, long since crumbled to dust, and of which the succeeding generations of men have been the often unmindful beneficiaries. With regard to one and all of these cities it is hardly necessary to recall to the reader that their immortal achievements in the arts rested upon a solid material basis, created by the fruitful and closely interwoven activities of a busy population of peasants, artisans, and merchants. Whoever, there- fore, would penetrate to the sources of the culture of the Athenians, the Romans, the Venetians, and the Floren- tines must seek to inform himself in each case about such fundamental problems as the productivity of the soil, the forms of urban labor, the opportunities of com- merce; in a word, he must master the conditions sur- rounding the homely, ineluctable, ever-renewed struggle for bread and those many things of which bread is the universal symbol. And if such an economic review opens an avenue to the understanding of the lordly cities of the past, it must be of equal service in inter- preting the cultural significance of that secondary group of towns, of which Siena is a conspicuous mem- 95 96 SIENA her. As an approach to my chief end in this book, the Sienese civilization, I purpose in this chapter to examine the economic basis upon which the City of the Virgin reared the remarkable edifice of her political power and artistic achievement. The Italian cities of the Middle Age owed the first . ~- _ _ _ a .__ , ^ flush jof their material prosperity to the stirring of jhe stagnantpools of life effectedjby that world movement cjlledth^cTusaHesT ^The quickened pulse-beat of the great city-centres presently produced an' accelerated political development, of which we have the proof in the courageous republicanism of the twelfth century, sigrraTTzedr^ylhe universal emergence of the consulshi p and the heroic resistance to Frederick Barbarossa. So closely related are all the fields of human endeavor that an expansive movement in one of them is certain to affect advantageously all the others. Thus the more compact political organization in its turn reacted favorably on trade and industry, with the result that an international commerce sprang into being, which spun ever-increasing threads of intercourse around the coun- tries of the Mediterranean and Atlantic. In this com- mercial renascence Siena participated according to the measure of her opportunities and resources. When in the twelfth and, with gathering momentum, in the thirteenth century, commerce revived in western Europe, it employed as its most convenient instrument, the fair, and preferably, for the purposes of general or international exchange, the fairs of Champagne in eastern France. These French fairs were world-marts, and presented themselves to view in all the color and picturesqueness of the Middle Age. In the period of THE BURGHERS 97 their prosperity the long process, by which the diverse peoples of Europe have been more or less reduced to a common type, had hardly begun. In dialect and dress, in food and drink, in the forms of social intercourse, every man reflected the peculiarities of the immediate small group into which he was born. A Florentine knew a Genoese at a glance by the cut of his beard or cloak; that fur cap signified a Pole; that greasy curl a Jew from York or Bruges. A score of tongues, a hundred dialects, resounded along the streets of tempo- rary booths erected to serve the convenience of ex- change. The county of Champagne saw annually no less than six of these international gatherings. While they owed their popularity in the first instance to the central position of Champagne in Europe, they further recommended themselves to the traders by the circum- stance that they succeeded one another in such a way as to extend practically throughout the year. They thus assumed the character of a permanent international money market and produce exchange, and became the most convenient instrument at hand for regulating the supply and demand of many necessities. Each of the six fairs lasted from one and a half to two and a half months. When Lagny fair, with which the year began, was over, the town of Bar-sur-Aube set up its booths, with Provins and Troyes following in the summer and autumn, nay, following with two fairs apiece to complete the full round of six. The procedure in connection with any one of these fairs did not differ greatly from the order of exercises usual in all the others. Each gathering was, in accord- ance with mediaeval sentiment, inaugurated on or near 98 SIENA one of the great holidays of the church, the occasion being emphasized by a formal act of worship, such as in the Middle Age was inseparable alike from the business and pleasure of the people. The first week passed amidst the noise and confusion attending the erection of the wooden booths and the installation of the merchants from far and near, to be followed presently by an ani- mated barter in all known varieties of merchandise, among which figured, as leading articles, the cloth of Flanders, the leather of Spain, and the pepper and spices of the Orient. When the sale and purchase of the goods had been effected, the work of the bankers and money-changers began, a work the risks and worry of which will not fail to appeal to us if we recall the many coinage systems in use and the as yet helpless infancy cf capital and credit. Such, briefly, were the fairs of Champagne.* In these merchant gatherings, Italians, usually designated as Lombards, or with scant international courtesy, on account of their sharp bargains, as Lom- bard dogs, occupied a conspicuous place. Especially toward the end of each fair, when, as we have seen, the banking began, did they step forward with the air of polite and accommodating middlemen; and among them, from the beginning of the thirteenth century, f were prominent many adventurous citizens of Siena. For the second half of that same century we have orig- * On the fairs of Champagne and the general commercial activity of the Sienese in the thirteenth century, see the following: Paoli, "Siena alle FierediSciampagna"; Paoli and Piccolomini, "Lettere Volgari"; Zdekauer, "Document! Senesi riguardanti le Fiere di Champagne" ("Studi Senesi nel circolo Giuridico," XII, 337); "II Monte dei Paschi," Vol. I; Patetta, "Caorsini Senesi in Inghilterra," "Bull. Sen.," IV, 311 ff. fSee Paoli, "Fiere di Sciampagna," p. 69. The earliest date is 1216. Saint Catherine By Andrea Vanni (in the Church of San Domenico) THE BURGHERS 99 inal material of a unique kind, being a number of letters of Sienese merchants in the Tuscan idiom, record- ing the transactions of Champagne with accuracy and fulness.* Although these documents, owing to their antiquity, constitute an important contribution to the general history of mediaeval commerce, the student of Siena is interested in them chiefly because they furnish a clear, direct, and wholly intelligible picture of the activity on which the early prosperity of the town was founded. What economic facts do those letters communicate? To begin with, we make out that it was customary, toward the middle of the thirteenth century, for a num- ber of enterprising Sienese citizens to form a partnership and dispatch one or more of their number to Champagne to turn the subscribed capital to account. As almost all the great Sienese families with whom we shall be dealing, the Salimbeni, the Tolomei, the Buonsignori, the Malavolti, the Cacciaconti, and many more, figure in this correspondence, we may affirm that the great fortunes of Siena were made in trade and were fed from the French tap-root. While the chief activity of one and all of the companies was the traffic in money, the chief aim, in the frank language of one of the letters, was guadagniernne grosamente, that is to say, big profits.f And the opportunities must be acknowedged to have been golden. Armed with great purses of thick leather the Sienese volunteered their deft services in effecting an exchange between the different moneys that flowed together at the fair, or in extending a loan, on good "The "Lettere Volgari" referred to above. fPaoli, "Lettere," p. 75. 100 SIENA security, to some unlucky fellow-mortal hard pressed for cash. Engaged thus in exchange and loans they did the business of an ambulatory bank. Their interest charge on loans was rarely less than twenty per cent, per annum, and might be sixty per cent, and more. The monstrous height of this rate is less a sign of Italian greed than of the scarcity of metal in the Middle Age. It stands to reason that persons in need of money would not have paid such a preposterous interest if coin had been plentiful and the lending companies numerous. The inevitable consequence of the growing interna- tional relations of trade and finance was the gradual appearance of improved banking devices, and in this connection it is noteworthy that the ruler who, in the ^_ thirteenth century, supplied the main impetus toward j- this development was the pope. A universal power, > he had financial relations with all theTworld, due to the ^ general offering .^alled_. Peter's Pence, to the impost ^ which he was empowered to lay on ecclesiastical prop- ** ~ ' *-- - - - J^ ^5 erty in connection_with Lja_cjrusade, and to the payments V* whicK he required of jnewjv appointeid bishnp&urijeturn ^ *~ - -~ _ * _ - * "^ or the_^apal-x^eftfifmatien. From Jill thejcorners of Europe flowed toward Rome sums of money, the collec- tion and transmission of which gradually trained a capable and enterprising school of financiers. With this administrative service the pope naturally entrusted his own countrymen, the Italians, and preferably the Italian merchants, because of their familiarity with foreign moneys and markets. The experience thus gained in the pope's business, added to the knowledge acquired in the pursuit of their personal affairs, largely explains why these Mediterranean traders took the lead THE BURGHERS 101 in banking and kept it against the whole world for many generations. However, the Italian merchants, enjoying not only the rich harvest of their own enterprise in Champagne and elsewhere, but also the vast financial advantages re- sulting from collecting and accumulating the pope's moneys, were by no means an object of general affection. From the beginning of the world the dealer in money, the capitalist, has excited envy and hatred; and for reasons, sometimes paltry, sometimes grave and con- vincing, the Italian agents of the pope brought down upon their heads the aversion of the various peoples among whom they operated. A lively echo of the Eng- lish feeling toward them comes to us from the chronicle of that vigorous enemy of the Roman curia, Matthew Paris.* In the reign of Henry III (1216-65) the pope often enough with the consent of the king, who stipulated for a share in the profits wrested huge sums from the fat English prelates, making use, of course, in his hateful and often tyrannical game, of his Italian servants. The indignant Matthew abominates them as the pest of his country, designating them sometimes as Lombards canes, sometimes as Caorsini. This latter term, literally meaning men of Cahors in France, was opprobriously applied in the Middle Age to money-lenders and usurers in general. Now it is a fact certain to stir our interest that, among "the Lombard dogs" and Caorsini so cordially detested by the patriotic Matthew, were also merchants from Siena. In the capacity of papal col- lectors they overran the land, and if we give credence to Matthew, covered both themselves and their master * Mon. Germ. Hist., Scriptores, Vol. XXVIII. 102 SIENA with dishonor. The unchristian greed of the papal curia may be admitted without further argument, but the hard practices of the merchants deserve a brief elucidation. As the bishops and abbots, whom the Italians fleeced on the pope's orders, had no ready cash, they were obliged to borrow from the collectors them- selves and at an offensive and usurious rate of interest. In this way the foreign agents, without any doubt what- ever, ruined many men and committed many iniquities, but in partial excuse of them it may be urged that the whole business world was as yet inchoate and disor- ganized, and that there were few or no acknowledged rules of commercial conduct and honor. Nothing illustrates this state of affairs so well as the ludicrous mediaeval attitude toward usury. Usury in the Middle Age was interest interest high or low, fair or unfair, and was strictly forbidden by the church.* Councils and fathers had taken the matter up and had never hesitated to declare all money lending for profit as contrary to the gospels and, therefore, monstrous. In the year 1179 the Lateran Council held under the presidency of Pope Alexander III, re- issued a number of earlier prescriptions against usury in a more definite form, and Alexander's declarations were afterward often republished by his successors. Owing to the ascendancy of the church in all the affairs of life an echo of the papal fulminations may be found in the legislation of almost all the states and cities of Europe. Wherever in the Middle Age we encounter * Among the numerous books on the subject of usury I refer the reader to W. J. Ashley, "Introduction to English Economic History and Theory," I, chapter III. THE BURGHERS 103 an expression of principle, usury, broadly defined as interest, was tabooed and forbidden. However, what, in contrast to doctrine and law, were the facts ? We have already had a hint of them in con- nection with our exposition of the development of Mediterranean commerce, and must have assured our- selves that money-lending flourished as a necessary adjunct to trade. We may go further back than the Middle Age and easily convince ourselves that money- lending has existed in the world since the remote day when one man, by saving, laid up a store of value which another desired to put to use. In view of so ancient and immemorial a practice how did the mediaeval period come to develop its peculiar position ? The answer is found in the special religious and economic conditions of the era. With the fall of the Roman Empire civil- ization went to pieces, and capital and business enter- prise alike disappeared from society. In the petty world of the Barbarian kingdoms theviews of the church on trade and interest acquired an indisputable ascen- dancy, enforced by the circumstance that they sprang from a high-minded, though ascetic, interpretation of Christ's message. As a result the little borrowing and lending, for which there was occasion in a primitive society, was gladly left, with its stigma of corruption and illegality, to the outcast race of the Jews. But when the West again summoned its energies, and trade, stimu- lated by the crusades, expanded in volume, it was unlikely that the Christians would permit the profitable banking field to be monopolized by the dingy folk of the ghetto. Laws or no laws, they could not resist the temptation of gain, and in the period of the fairs of 104 SIENA Champagne we have seen that Christian money lenders, and, above all, Italians, leaped to the front. To Italians, accordingly, it was given to organize in the course of the following generations the traffic in money as a serviceable and necessary adjunct of business; Italians, too, gradually succeeded in giving the despised calling a respectable standing in society. For a long time, however, church and state combined to maintain their theoretical prohibitions, and, under cover of them, frequently pounced on money-lenders, subjecting them to outrageous extortions. In all Europe there was hardly a prince, lay or spiritual, who did not periodically arrest Jews, and if possible, Italians, on the ground of an illicit trade, to set them free again in return for a surrender of their money-bags or such a percentage thereof as sufficed to establish a presumption of inno- cence in a mind open to financial persuasions. A moral justification for this bare procedure might seem to have been furnished by the hatred with which the mass of the people looked upon the usurious, blood- sucking practices of the capitalists. But these prac- tices, if common sense had prevailed, might have been regulated by drawing a sharp line, after our modern fashion, between usury and interest, and permitting one while prohibiting the other. Only this the church, sworn to its ideals, would never consent to do, and the civil governments, with singular shortsightedness, long delayed taking the initiative. It was the grave risk, associated with the money traffic under a system alter- nating between sufferance and confiscation, which partially explains the appalling interest charge usual in that age. Safety, secured by the legalization, under THE BURGHERS 105 proper restrictions, of the operations of finance, would have been attended by a large decline in the interest rate. Thus the vacuous idealism of the church vacuous and even cynical, for the pope and the prelacy were among the leading figures of the money market both as clients and as silent partners of the merchant companies long delayed the cure of a most crying evil. It is not without pleasure that the historian of Siena observes the little hill-town to have been among the earliest cities to enter a protest against the intransigent position of the church. As early as the thirteenth cen- tury, as is proved by the Constitution of the year 1262, the government of the republic, though clamorously professing obedience to the church in all things, author- ized usury, provided the usurer be not in other respects a man of ill repute and suspicious religious opinions.* Probably such legislation as this put banking operations on a sounder basis in Siena than was usual in Italy, and especially north of the Alps. Nevertheless, while the church stood her ground some peril dogged the steps of the usurers, as is proved by a curious denunciation which has come down to us from the records of a papal inquisitor, sent to ferret out heresies in Tuscany. To this inquisitor it was reported that a Sienese notary, Ser Pietro by name, not only practised usury, but "stubbornly asserted that to lend money to people was not a sin, and that the brothers and religious who said otherwise nesciunt quid loquantur:" they do not know what they are talking about! f We thank Ser Pietro for * "II Constitute di Siena dell 'anno 1262." Dist. II, 151; with comment thereon by Sanesi, " Bull. Sen.," VI, p. 507. t Ser Pietro lived during the first half of the fourteenth century. See Sanesi, "Bull. Sen.," VI, 497 /. 106 SIENA sending us out of his tomb a breath of common sense on a matter distastefully redolent of unctuous and insincere professions. At the same time we are pleased to gather from the document that the bold heretic, being at the time of the denunciation against him already dead, was as safe as a grave could make him from the clutches of the all-powerful tribunal. Conceivably the Sienese state, in view of its partial authorization of money- lending, would have interfered to protect its subject against the ecclesiastical police, but we can hardly flatter ourselves that it would have prevailed in the struggle. At any rate, with or without the approval of the church, the state remained true to its convictions about the legitimacy of financial operations, and in the year 1339 gave the final sanction to its views by authoriz- ing every one to engage in money-lending who registered in a special ledger, nel libra detto usuraio di Biccherna, an act of entry equivalent to the purchase of a license.* Returning once more to the fairs of Champagne, we find, on looking into the procedure at these international gatherings in connection with the sale and purchase of goods, that drafts, letters of credit, and other similar devices of a perfected capitalistic regime had only just made a beginning, and that settlements were preferably effected directly between traders and with actual coin. Not until toward the year 1300 did the draft become a universal instrument of business. During the preceding one hundred years experiments looking forward to its perfection were frequent, and undoubtedly our Sienese bankers, and even more certainly their Florentine rivals, counted for something in giving this admirable device * Muratori, XV. "Cronica Sanese." Ad annum 1339. THE BURGHERS 107 for universalizing trade its final form.* Still, with or without the draft, minted money, as the most con- venient means of hoarding wealth, would be an im- portant staple of commerce, and it is curious to see how the Tuscans by their superior adaptability, as well as by their superior cunning, drove a thriving business in this article. The standard coin of the Champagne fair was the provisinOy a small silver penny (denarius or denier) from the mint of the local magnate, the count of Cham- pagne and Provins; 12 pennies made a shilling (solidus), and 240 pennies constituted a pound or libra. The Tuscans, and prominently among them alas! our Sienese, learned that by coining a provisino of their own, part silver and part copper, they could enter the Cham- pagne market, capture from the unsuspecting traders the native money with its greater intrinsic value, and by sending it home for recoinage, clear a handsome profit.f Undoubtedly one of the ambiguous features of the early money traffic, and sure in the long run to be its own undoing! Experience declares that the debasing of the currency once begun knows no end, while the confusion of prices caused by a fluctuating standard of value puts an insufferable burden on commerce. Presently only the cheaper or Tuscan kind of provisino held the mar- ket, with a still cheaper preparing to drive out the hybrid rival. The king of France, not to be outdone, followed the insidious example set by the Transalpine merchants, and shamefully debased the standard royal coin, the silver penny or denier from the mint of Tours. The wily Italians had killed the goose that laid the golden * Schaube, "Anfange der Tratte." Zeitschrift fur Handelsrecht, XLIII, pp. 1-51. t "H Monti dei Paschi," Vol. I, p. 20 ff. 108 SIENA eggs! With no reliable standard in circulation the whole business world was subjected to great annoyance and loss. In this crisis an ingenious people stepped for- ward, a people whom Pope Boniface VIII. once declared to have been added by a special act of divine grace as a fifth element to a world effectively complete with four. In the year 1252 the Florentines* abandoned the silver basis, rendered unreliable by a flood of debased silver coins, and, first of mediaeval nations, went over to the gold standard : they issued the gold florin, very carefully coined and almost 100 per cent. fine. Commerce welcomed the new standard as a godsend, and soon the florin had made its way into every market of the world. The establishment of an honest currency was an act of enlightened self-interest, designating more plainly than words the supreme seat of Tuscan intelli- gence. Most certainly we are justified in holding that the financial wisdom symbolized by the florin con- tributed in no small measure toward securing the ultimate primacy in Tuscany to the city of the Red Lily.f If in sketching the activity of the Sienese in Cham- pagne I have dwelt chiefly on its sordid and disorganized * For description of the florin see Villani, "Croniche," Book VI, chap .53. For its value (fine) as well as that of other current coins, see Schneider, "Die finanziellen Beziehungen der florentinischen Bankiers zur Kirche," p. 74. t The stages of Florentine financial ascendency may be briefly given as follows: In the early Middle Age the silver penny was the standard coin, and of silver pennies there were many varieties (of Tours, of Pisa, of Siena, etc.). In 1234 the Florentines took the step of issuing a much more valuable coin, a silver solidus (i solidus =12 pennies). The popularity of this coin induced them to adopt (1252) the still bolder measure of issuing a gold florin, which contained in small volume the value of 20 silver solidi and 240 silver pennies. See Davidsohn, "Geschichte VOH Florenz," II 1 , pp. 213, 411. THE BURGHERS 109 phases, I would not convey the impression that this French trade did not have a very romantic side. The truth is that, if it had not touched the love of life and challenged the spirit of adventure lurking in the human breast, it would never have been followed with persist- ence. Prizes beckoned, supreme prizes as the world counts, but they were to be had only at the risk of a journey down a long lane of perils. The Sienese com- panies of the Salimbeni, the Tolomei, and the rest were the thirteenth century prototypes of the gentlemen- adventurers of Elizabeth's day; and the fairs of Cham- pagne were the Gold Coasts and Golcondas which they sought with high hearts and faces lifted to the dawn. A distinguished scholar has drawn a vivacious picture of the dangers besetting in those anarchic days the journey across Apennines and Alps, which we children of these piping times of peace can see only in the happy light of a vacation outing. "When all was ready and the rolls and bales were loaded on the pack-asses, the company proceeded in long caravans and by short stages across valleys and mountains over perilous paths and ways, where from time to time thieves, and lords and castle-owners worse than thieves, burst forth to steal, or to impose exactions; and with one and the other it was necessary now to use the sword and now to compound with dues and presents, as seemed best. Then came the journey from fair to fair through distant and often inhospitable countries, always in the midst of the greatest risks and dangers. The dues, imposts, and exactions of every sort to be paid on passing through villages and cities are not to be enumerated. If the barons of France agreed to let the companies of Italian merchants impoverish their subjects with commercial bargains and even more with money-lending, it was certainly not for nothing; for they did not fail to draw profit from the situation 110 SIENA in their turn. The agents of the companies were obliged, in order to curry favor, to keep their purses open, since without a discreet liberality neither life nor substance was secure."* What a tale of oppressions almost inconceivable to us of another and a milder period ! But the hard school of life had at least the advantage of developing supple- ness and decision, and of giving the manhood of these trading adventurers something of the fine temper of steel. Without this training, we may boldly assert, there could never have been an Italian Renaissance, which, with its arts and letters, is nothing but a later and a nobler phase of the same passion of adventure which drove the merchants to seek new opportunities across inhospitable lands and seas. I have already spoken of the association of the Sienese merchant companies with the Roman curia in the capac- ity of collectors of papal taxes, and I have made it plain that this was one of the main sources of Sienese pros- perity. In fact, toward the middle of the thirteenth century a large percentage of the papal moneys flowed through Sienese hands. In the narrow via del re may still be found an interesting reminiscence of this early fiscal bond between Siena and the capital of Christen- dom. On an ancient house front can be read an inscription informing the passer-by that Angelieri Solafica, campsor Domini Papa Gregorii IX, built this residence A. D. 1234-! This Angelieri, who is memo- rable as the grandfather of the famous poet, Cecco Angelieri, was in all probability one of the very Caorsini who bled England in the days of Henry III and excited * Signer Menzozzi in "II Monti dei Paschi," Vol. I, 54. t For fac-simile of this inscription see "II Monte dei Paschi," I, 14. THE BURGHERS 111 the savage protest of Matthew Paris. But if Matthew was displeased, Gregory declared himself well served, as Angelieri's fine house sufficiently shows, and Greg- ory's successors continued for some time to employ the Sienese companies in their affairs. But the honor was invested with perils. For one thing, rival cities, like Florence, never ceased playing upon the pope's sus- picions, and, further, the complicated politics of Italy^ required powers of quick resolution and deep deception which the Sienese did not command. An inevitable crisis resulted when v toward the middle of the thirteenth century, the struggle which the papacy had long; been^ waging with the Empire came_to_a_head. Obeying theji impetuous temper, the Sienese plnpgpH h conflict on the imperial or Ghibelline side. Cool-headed Florence upheTcT the Guelph or papal cause with Iniij deeds and still louder protestations. As a reward, more and more of the Roman banking business was turned toward the Arno city. Worse followed. In November, 1260,* on the heels of the great victory of Montaperti, which for a brief moment delivered all Tuscany into the hands of the Sienese and their Ghibelline allies, the pope smote them with his interdict. Throughout the Middle Age ambitious pontiffs used this weapon, and the even sharper one of excommunication, most unscrupulously for political ends. The confusion produced among the Sienese merchants abroad by the papal enmity was immense. Andrea Tolomei, writing from Troyes in 1262 to his associates, is full of lamentations on the * Paoli, "Fiere di Sciampagna," p. 84. The interdict was not removed till 1266. Consult with regard to the effects of the papal displeasure David- sohn, "Geschichte von Florenz," II 1 , p. 532. 112 SIENA subject; many debtors refuse to pay "per lo fato de lo schumunichamento," and the abbess of the Mount of Provins alleges as a further reason that "maiestro Mille" apparently the papal nuncio "forbade her to pay." In fact, the good Andrea is on the point of losing faith in human nature: "if the pope should dispatch the order that all the Sienese were to be seized in person and goods, as it is rumored he plans to do, I believe that his order would be obeyed, for there are many wicked peo- ple here, who take pleasure in robbing their neighbor; and they will rob him if they can, and urge the pope as a pretext."* Many of the banking companies, among them the very house of the Tolomei, which, according to the above letter, found itself in a painful situation, soon made peace with the papacy, privately, of course, and behind the back of the municipality. By and by, too, the interdict and its attending excommunications were withdrawn. Although it is true that the pope never ceased to employ certain of his Sienese servants, even while their city was under the ban, the fact remains that the Florentines, with their reputation of tried Guelph fidelity, steadily improved their hold on the papal finances at the expense of their neighbors. Certainly the pope did not cease his relations with the greatest of all the Sienese merchant houses, the Buon- signori. The history of this house is a mirror of the commercial fortunes of Siena in the thirteenth century. Founded in the year 1209, it rose to be the foremost company of Europe under the name of the Magna Tavola. La grande table was a name to conjure with at the French fairs. As the century advanced the * " Lettere Volgari," pp. 45-47. THE BURGHERS 113 society established agents in all parts of the world, en- gaging in banking on a scale which suggests a great international credit institution of our own days. In the year 1289, on the occasion of a reorganization, its capital amounted to the sum, huge for those days, of 35,000 gold florins, while among its clients we find popes, emperors, kings, barons, merchants, and cities.* It weathered many storms, which broke over it in the form of royal confiscations and papal anathemas, until in 1298, when seemingly at its zenith, it was overtaken by disaster. There was a panic, accompanied by a run of the depositors, and the proud institution went to the wall an accident, the patriotic historian Tommasi f would have us believe, due to a quarrel among the partners and the envy of rivals, but if an accident, it was omin- ously coincident with the decline of Sienese and the rise of Florentine banking prestige. We have seen that the Sienese merchant companies were financial institutions doing business in exchange and loans. But they also dealt, though in a subsidiary way, in general merchandise. That valuable literary jetsam, the Lettere Volgari already referred to, reveals that the companies sold wax, pepper, and spices at the French fairs, and carried back Flemish cloth to Siena. Many articles besides,! such as shoes, stockings, belts, ploughs, cuirasses and helmets, found their way to the markets of the town, showing clearly a certain back- wardness in its industrial development. Truth to tell, Siena was not and never became a great manufacturing * "II Monte dei Paschi," I, p. 41. t "Dell' Historic di Siena," Lib. VII, p. 141. t Zdckaucr, "La Vita Privata nel Dugento," p. 46. 114 SIENA centre. But this much the thirteenth century with its world-wide stimulation of urban life accomplished: it brought the desire for industrial activity and organiza- tion and with it that characteristic institution of the Middle Age, the guild. Naturally the merchants, whose rise preceded the coming of industries to Siena, led the way in the formation of a general society planned to protect their common interests. We hear of a Sienese merchant guild as early as the year 1192. But the crafts were not slow to follow suit, and presently the masons, carpenters, inn-keepers, barbers, butchers, millers, and the other classes of workmen and artisans were organized as arti, with the usual apparatus of constitution, officers, regulations, prohibitions, and fines.* Under these conditions the general social and economic aspect of Sienese life was much like that of any other mediaeval town. While the presence in Siena of merchant and craft guilds implies life and organized power, it does not prove the existence of great industrial establishments. The manufacture which in those days was the greatest source of prosperity in Europe was woolen cloth. It conferred the same sort of preeminence as coal and iron give to-day. Cloth created the wealth of Flanders; her flocks of sheep were the riches of England; Florence, just girding her loins for her victorious race, owed her material greatness to the excellence of her cloth. The Sienese, too, made an effort to acclimate the cloth in- dustry, but their wool guild never really throve because * "II Monte dei Paschi," Vol. I, 15, note. Very likely such characteristic expressions of the mediaeval spirit of association as the guilds go far back of the twelfth century; no Sienese document, however, recording the fact, has come down to us. THE BURGHERS 115 of the great number of adverse conditions with which it had to battle. For one thing, the wool crop of the out- lying district was never large or of high grade, and most important, in fact decisive, was the grievous dearth of water. Never have men since cities have a history struggled so hard against a decree of nature, or so per- sistently hoped against hope, pinning their faith in the last resort to a miracle. With admirable patience the burghers brought water from afar by means of cunning, subterranean conduits which still exist, arousing the admiration of modern engineers.* Nevertheless the supply obtained was insufficient. When that pictu- resque upland region, where Siena has her seat, failed to reveal, even to close scrutiny, any further spring capable of being tapped for city uses, the townsmen encouraged one another to believe in a hidden river underneath their feet. They even knew its name, the Diana; borings were invited at public expense, and sensitive ears in the still hours of the night plainly heard the rush of its waters. Readers of the Divine Poet have laughed merrily over his contemptuous fling at the gente vana who hugged such illusions to their breast, f but for the lover of this people the curious aberration has the deep pathos inseparable from the spectacle of hopes heroi- cally pursued in the face of the unchangeable decrees of nature. No, the arte della lana, though it took root, never acquired commanding proportions; in fact, the indus- trial guilds, taken as a whole, did not prosper compared with neighboring Florence. Doubtless the absence of * On the water supply see the meritorious work by F. Bargagli-Petrucci, "Le Fonti di Siena." t Dante, " Purgatorio," XIII, 153. 116 SIENA water, and the relative poverty of the neighborhood in such raw products of industry as wool, copper, and iron, are a sufficient explanation of the situation, but the mis- taken zeal of the municipality and the rigorous statutes of the guilds themselves count for something in the result. Among many excellent regulations which con- cerned themselves with obtaining for the consumer a full measure and an honest product, were to be found others which, by paralyzing the free activities of the workers, must have caused grave harm. Thus the statutes of the wool guild required * that only one piece of cloth be woven at a time, that it be neither longer nor shorter than a certain standard, and that only native wool be put on the looms; and all guilds alike pursued a selfishly exclusive policy, imposing a heavy tax on all candidates for admission, and positively forbidding the exercise of their respective occupations to all but guild members in good standing. Add minute regulations regarding the hours and quantity of labor and the ob- servation of so many church festivals that about one hundred and thirty days of the calendar year were devoted to an enforced rest,f and we get some idea of the mischievousness of that spirit of over-regulation which characterized both the guilds and the govern- ment. However, we can hardly pretend that Siena * "Statuti Senesi," II, p. XXI. Banchi, the editor, writes indeed of the wool guild of the Radicondoli, but what he says holds of the wool guild of Siena as well, as may be seen by consulting the " Statute dell' arte della Lana " in Vol. I of the same publication. t "Statuti Senesi," I, p. 311, gives the list: "queste sono le feste che pare al Comune dell' Arte de la Lana che sieno da guardare," seventy-eight in all, which, with fifty-two Sundays, brings the total to one hundred and thirty. It is, however, not likely that the suspension of work on all these feast-days was complete. THE BURGHERS 117 suffered more in this respect than her neighbors, for the guild system was universal and the petty and chaotic economic views, upon which it rested, enjoyed a general currency in the Middle Age. The final and conclusive proof of the industrial weak- ness of Siena_Js furnishecTBy theHFact that the craft guilds never played a political role of any importance. The city becarneTiirf due time a democracy, much more of a delnnocracy7 mdee37~tnlin Florence, where the arti simply and without ceremony took possession of the goyernment^and admitted to citizenship only through the door of their organizations. In Siena the guilds were not strong enough to seize the power, and when popular rule came, the political franchise was distributed without any regard to the guild connection. The closer we examine the situation the more firmly we become convinced that the only really powerful guild was that of the merchants, and the only occupation, largely remunerative, that of trade. The merchants, therefore, not only had a political role assured to them,* but they alone, through their companies, were responsible for lifting Siena above the plane of a provincial market, and for bringing her into contact with the general political and economic forces of Italy. For this reason I return once more to her commercial fortunes. Here is the root of her vitality, and here, too, the key to the most stirring phase of her political destiny. What I have said of the unenlightened views which were entertained in the Middle Age with regard to industry, and which, while turning every occupation into * The political power exercised by the merchants will be treated in chapter VII. 118 SIENA a monopoly, almost buried it under a mountain of regulations, should prepare our minds for a wealth of unfavorable conditions weighing also upon commerce. Many of these had their origin in the undeveloped state of society and in the relative infrequency of intercourse even among neighbors. The crusades, we are aware, greatly stirred and accelerated the sluggish stream of mediaeval trade, but, even after the crusades, a Tuscan town, steeped in the current feudal concepts, long con- tinued to see in a neighbor merely an enemy, to be put down if possible, in any case to be hated while breath came and went. The foreign trader who entered the gates of Siena was watched with suspicion, and, in ac- cordance with the prevailing legal theory, was looked upon as gathered into a single personality with the city of his origin. He was a Florentine or Pisan as the case might be, with the rights of a Florentine or Pisan, which in the rude, formative days would mean none at all. Only treaties, for which the time ripened but slowly, could give him a standing in the eyes of the Sienese law. In case, therefore, a visiting trader delayed payment of a debt, or defaulted, the courts gave the native creditor the right to indemnify himself by the seizure of the goods of any of the debtor's fellow citizens who happened to be at hand. In the view of the rhadamanthine judge, the individual merchant's fault implicated the whole foreign society to which the individual belonged. This barbarous practice with regard to international trade was known as the system of rappresaglie or reprisals. The havoc which it wrought may be left to the imagination. No sooner did the courts render a verdict than all the countrymen of the defaulting THE BURGHERS 119 merchant, taking what they could gather in their arms, fled precipitately, leaving the bulk of their goods as loot in the hands of the creditor. The rival city, insulted in the person of its routed merchants, hardly awaited their return before it visited a similar fate on the traders of the offending party. Here was commercial war, which might at any moment be transferred to the grim decision of the field. Men would have to see the patent folly of such action and learn to look upon one another with more fraternal eyes before their intercourse could be put upon a higher plane. From the beginning of the thirteenth century doubtless a timid commencement was made before that time the documents permit us to see how the Tuscan cities strove to replace the institu- tion of reprisals, worthy of Mohawks and Hurons, with commercial treaties, planned to eliminate violence and to give international trade that security without which it could not live. During the century lying between 1 200 and 1300 tentative agreements gradually crystal- lized into durable instruments of peace.* The judicial action with regard to a debtor was limited to the guilty person, and one man's fault or misfortune did not apply the shears to every thread which trade and civilization had spun between two communes. Treaties in the place of violence and rude self-help such is the road that has been travelled by men in Italy and throughout the world in order to secure the fruits of civilization. The * See on reprisals Del Vecchio and Casanova, "Le Rappresaglie nei Comuni medioevali"; also Arias, "I Trattati Commercial! della Republica Fiorentina." Parte seconda takes up the rappresaglie and their gradual amelioration. See especially "Documenti," p. 371 ff. As early as 1213 a Bolognese document puts forth the principle a cui data, a colui richieslo, which principle, the result probably of the revival of Roman law, gradually crept into all trade agreements. 120 SIENA effect of treaty arrangements among the Tuscan com- munes was to replace cruelty, injustice, and brute force with a peaceful procedure advantageous and honorable for everybody concerned. Not that trade in Tuscany became entirely free and unrestricted, since for financial reasons, if there had been no others, the cities were obliged to levy customs duties at the gates; but if trade did not become free as the air, it liberated itself from the most barbarous disabilities and became as secure as cities in a divided nation without a central head could make it. Thus commerce will be seen to have been a potent agent of civilization; but as civilization means peace, and as peace stimulates the exchange of goods, trade steadily produced more trade until commercial considerations became the leading preoccupation of Siena and all her Italian sisters. From what we have seen of the association of Siena, with the papacy on the one hand, and with the fairs of Champagne on the other, we are prepared to assert that the all-important highway which Sienese trade would struggle to keep open and make sure was the road from Rome over Siena into France. That was the famous via francigena or via francesa. On the north- bound journey from Siena it debouched from the Elsa into the Arno valley not far beyond Poggibonsi, and on the southbound journey the last town in Sienese territory which it touched was San Quirico, flanked on right and left by the far-seen hill-towns of Montalcino and Monte- pulciano. We have learned in an earlier chapter how a natural patriotism impelled the young republic to possess itself of its county or contado, though it had to ride roughshod over a thousand difficulties; we may THE BURGHERS 121 now learn how that patriotism was steadily blown upon by the merchant class, whose self-interest was com- pletely identical with the political passions of the multitude. But to hold the via francesa, or rather that small part of it which passed through strictly Sienese territory was not easy, for the Florentines claimed Poggibonsi and guarded it as the apple of their eye, while in the region of San Quirico, Siena met the com- bined opposition of the city of Orvieto, of the great feudal clan of the Aldobrandeschi, and of course, of Florence, only too ready to support her rival's enemies any and everywhere. In consequence, we may note that if we have seen trade grow more humane by reason of the gradual abandonment of reprisals, the political relations between Florence and Siena did not therefore in the least improve, because with the quantitative growth of trade the points of friction between the two towns became more numerous. It is a melancholy fact that trade, which I have just celebrated, and with undoubted justice, as the mother of civilization, is at the same time the most fruitful source, known to history, of envy, war, and every form of mischief. Florence and Siena were impelled by reasons of trade, each to bring the other under its law, and as Florence was the stronger and more aggressive power, she was sure to carry the conflict straight to the via francesa, because only in this way could she attend effectively to the clipping of her neighbor's wings. It is therefore clear that, to follow the directions of Sienese trade under the natural law of expansion, is to touch the regions where the commune encountered the greatest resistance and engaged in its most critical bat- 122 SIENA ties. The via francesa, effecting an approach to the markets north and south of Siena, was all-important, but this one avenue was not likely to exhaust the desire of ambitious merchants. Having crossed the Alps and acquired a world-wide outlook in England and the Champagne, they would not fail to be impressed with the importance of the sea as a universal highway. The whole history of Florence, whose merchants were pos- sessed of a conspicuous intelligence, is a struggle to get to the Mediterranean, and Siena, although the approach was difficult, was moved by the same desire. Westward across scarped hills, following the general direction of the unnavigable Ombrone, lay the town of Grosseto, before which coiled, like some vast, torpid monster of the sea, the sullen and fever-ridden swamps of the Maremma. On the sea-edge of this deadly bog hung a few fever-wasted settlements, such as Orbetello, Port' Ecole, and Talamone, and one or the other of these, preferably Talamone, it was the patriotic dream of the Sienese to turn into a seaport, thus opening an unimpeded communication with the outer world. The plan involved as a preliminary step the seizure of Grosseto. The story of that acquisition is a typical chapter in the expansion of the town which boasted the favor of the Virgin. Grosseto was a dependency of the feudal house, so often referred to, the Aldobrandeschi; in measure as its fortunes waxed, chiefly by reason of the salt stores of the neighborhood, it aspired to emulate the consular movement common to all Italy and win political independence from its feudal lords. Siena, therefore, on casting a covetous eye in that direction, would have THE BURGHERS 123 to deal with both the Aldobrandeschi and the growing commune, impertinently looking forward to a career of sovereignty. With the patience of a beast of the thicket the city, whose emblem was the wolf, lay in wait for its prey. By various means the Aldobrandeschi were eliminated from the situation; at the same time, through apparently harmless commercial treaties,* Grosseto was gradually drawn into the Sienese orbit; and, finally, in the ripeness of time, the grim wolf leaped upon its victim. The capture occurred in the year 1224, and is inscribed in red letters in the calendar of the republic.f Thus, gradually, was Grosseto won, but like Montal- cino, Montepulciano, and the other places of the con- tado, which had to bend the neck to receive the Sienese yoke, it proved a restive captive. The annals of the next one hundred years are full of revolts and attempted * The first treaty is of the year 1151. See Repetti, " Dizionario Geograf- ico," under Grosseto. f A patriotic son has left an engaging description of the triumphant expedi- tion of his fellow-citizens against Grosseto: " No one ever saw a more beautiful army. The shields, the cuirasses, and the tents lent a lustre to all the country round about so that it seemed another paradise. Arrived near the walls of the hostile city the potesta, full of anxiety for the safety of his people, ordered fortifications to be built; before they were ready an accidental skirmish took place. Unable to recall his men, and seeing them assaulted by the defenders from the walls with an incessant shower of arrows, stones, beams, and every kind of weapon, he put himself spiritedly at their head and fought with death-defying courage for the honor of his city. In such manner, with the aid of God, he won a wonderful victory, entering the city with his host and carrying away captive all the men whom he found, to the eternal glory of Siena and to the increase of her strength and power, which henceforth extended as far as the sea." And another chronicler adds: "Grosseto was stormed on the day of Saint Mary of September (the eighth). And the host which went there numbered 3,100 men between foot and horse. And on their return, for joy of the victory gained, there was a great festival with a bonfire, and all the shops around the Campo were shut up." Banchi, "II Memoriale delle offese fatte," etc. "Arch. Stor. It.," Serie terza, XXII, pp. 226-27. 124 SIENA revolts, but regardless of cost and effort Siena held fast to her prize in the conviction that Grosseto was a neces- sary stage in the march to the Mediterranean, which spread its blue waters not six miles distant from the walls of the recalcitrant little town. However, Gros- seto, though it dominated a part of the Tuscan littoral, was not itself a port. Hence the seaward ambition of Siena found its natural culmination in the acquisition, in the year 1303, of the small haven of Talamone, also originally a possession of the great Maremma counts. From the Aldobrandeschi it had passed into the hands of the abbot of San Salvatore of Monte Amiata, and from him, a man of peace, often in need of ready money, the prudent republic obtained its cession for a round sum. The purchase was much remarked in the Italian world and aroused the ever ready envy of Florence. The greatest of all Florentines, however, took a purely ironical view of the incident. In a biting passage * Dante treats the idea of Siena becoming vicariously, through Talamone, a seaport, as on a level with that other fancy of the light-headed, self-deluded subjects of the Virgin, touching the hidden river, called Diana. Time, the incorruptible judge of our dreams as well as of our deeds, has confirmed the correctness of the poet's view. Talamone, sand-choked and fever-ridden, came to nothing, and Grosseto itself accordingly lost some- thing of its early hopeful look of being a great bargain; but as long as the Sienese entertained the ambition of becoming an Italian power and transcending the obsta- cles of nature, they naturally linked Grosseto and Tala- mone in a common prayer. *"Purgatorio," XIII, 152. Interior view of the Cathedral THE BURGHERS 125 Such is the material story of the doughty burghers who made mediaeval Siena a story revealing at every stage the exercise of moral qualities which in their sum compose the picture of an impressive manhood. Our backward view of the prolonged struggle of the citizens closes on the sad reflection that all their efforts did not suffice to produce the hoped-for result of commercial and political greatness. For a moment in the thirteenth century, from the heights of Montaperti, Siena had a glimpse of the Promised Land, but the vision faded away and the town was thrust back behind provincial bars. Durable victories are not won upon the battlefield. The gifts of the Sienese of one kind and another, espe- cially their artistic gifts, were as great as could be found anywhere in Tuscany; their failure, if we weigh the facts judicially, was due to shortcomings neither of mind nor heart, but must be laid, primarily at least, to the door of certain physical conditions, such as the town's situation high among the hills, the dearth of water, the difficult communications, and the poverty of the neigh- borhood in such articles as might serve as the basis of a great industry. Without native manufactures with which to trade on the world's markets, Sienese com- merce, though it began so promisingly, was doomed to failure in the long run. On the other hand, none of the drawbacks of Siena obtained in the rich and noble Arno valley, from the heart of which the towers of Florence rose. Therefore a sketch of the struggle and failure of Siena in the field of production and exchange becomes an involuntary apostrophe to the greatness of the city of the Lily. Invisible hands point to her as the predes- tined economic capital of Tuscany. How with un- 126 SIENA wavering persistence and with steady flame of passion she used her natural and economic advantages to cap them with a political triumph, it shall be the object of a later chapter to make clear. CHAPTER V THE LAWS AND INSTITUTIONS IN speaking, in a previous chapter, of the rise of the commune, I tried to bring out the fact that many gen- erations before it arrived at its splendid young man- hood in the age of the consuls, it had been engaged in silent, groping, and uncertain development among the older and overshadowing feudal institutions. Then when it rose into view sufficiently to permit a closer examination, we noticed that it had indeed an apparent democratic basis, in so far as it rested upon the meeting of the townsmen in the public square, the so-called parlamentum, but at the same time we became assured that the practical political power was in the hands of a body of consuls, appointed from a small group of noble families. I now purpose to examine more at leisure what the consular government was and what it became. We are agreed that the consular era marked the happy revival of self-government in the midst of feudal brutal- ity, but we should not fail to see that all the details of self-government, such as a suitable executive, a legislative assembly in touch with the people, and an effective ad- ministrative service, remained to be worked out with infinite trouble amidst the usual perils of revolutionary explosions. As we take up the story of laborious internal organization, let us remember that such work 127 128 SIENA furnishes a conspicuous test of the character and temper of a people. Throughout the twelfth century the work went bravely on, a movement out of chaos and darkness into cosmos and light. In order to measure its full signifi- cance we must start with a clear perception of the loose and accidental character of the earliest institutions of the commune. To illustrate what I have in mind by means of the consuls, I note again that we hear of consuls of Siena for the first time in the year 1125, though it is very likely that they were in existence before that date. Now the consuls of the early twelfth century were not a settled magistracy, the forms of which were precisely defined by a series of statutes, but, in accord- ance with the haphazard character of the first measures of the young commune, they bore rather the aspect of a temporary committee, appointed to perform a particu- lar public service. Such occasional committees dis- charged every variety of public business in the early days, and were called, in Sienese usage, balie. When the particular affair for which a balia was appointed, had been attended to, the balia was again dismissed. But much business, as soon as men give themselves a govern- ment, being constant or at least recurrent, the balia tended to establish itself, that is, the temporary committee showed an inclination to be converted into a permanent magistracy. This movement was hardly well under way when the advantage appeared of defining as pre- cisely as possible the functions of the new officials in a document which might serve as a guide to their conduct, and upon which they might be required to take the oath of office. This document received the name of breve. THE LAWS AND INSTITUTIONS 129 Such is the genesis of the consulship: originally only a temporary committee or balia, it developed a breve, which grew, by additions, into a formal body of statutes regulating the city executive. And on this order was the genesis of every other communal institution. Of course the new commonwealth required a department of justice to further peace and order among the citizens. The earliest town courts were tentative creations, that is, balie. .Hence they were dissolved and again estab- lished until, under the pressure of social necessity, they became fixed and permanent. At the same time, be- ginning with a few regulations laid down in a breve, they gradually came to rest upon an elaborate corpus of statutes and enactments. Administrative com- mittees, appointed to look after the revenues, the walls, the fountains, and other public services, were not lacking from very early times, and though clothed at first, like the consuls and the courts, with a provisional character, they would tend, like them, to become permanent magis- tracies, carefully regulated by means of brevi. Presently among so many and diverse beginnings the need made itself felt of adjustment and unification. There were now many offices of more or less accidental origin, and each office had in its breve an effective con- stitution, but there was no general constitution of the commune. By throwing the brevi together and carry- ing through a dovetailing of their articles and powers that desideratum could be attained without great effort. It is by such contributions from many streams that Siena acquired a constitution, a composite instrument of which we hear for the first time in the year 1179.* *Zdekauer, "II Constitute . . . dell' anno 1262," Introduction, p. XIV. 130 SIENA Doubtless it is older than that, just as it is highly proba- ble that there were consuls before 1125. The date of the constitution is of little importance compared with the understanding of the process by which it came to be. Just as the stable magistracy developed by logical stages from the ephemeral balia, so the constitution has its roots in the several brevi defining the various offices. The fashioning of a written constitution marks the passage from political unconsciousness to consciousness, from unsettled youth to disciplined manhood. What the constitution of Siena was, and, more particularly, what the institutions were with which it adorned the state, we shall examine presently at the hand of the remarkable copy of the year 1262, which is preserved in the Sienese archive and has been edited in exemplary fashion by Professor Zdekauer.* However, before I take it up, I wish to examine the local class and party struggle, without which we can not possibly put our- selves in touch with the true spirit of Sienese public life nor catch the individual profile of each municipal office. (A) THE SOCIAL MOVEMENT With the birth of the commune the theoretical sover- eignty'oTtfieTtaTian cities is, by most writers, declared to~Tiave been_transrerred to the people assembled in public meeting, that is, to the institution called parla- * "II Constitute del Comune di Siena dell' anno 1262." This work is an inexhaustible storehouse of fact, bearing upon every phase of thirteenth-cent- ury life. Two broad avenues of approach to it have been driven by the editor in two studies, the first offered as an Introduction to the Constitution, the second, a published lecture to be found among the "Conferenze" issued by the Commissione Senese di Storia Patria for 1897. The present chapter is greatly indebted to these lucid studies. THE LAWS AND INSTITUTIONS 131 mentum. Without quarreling with the theory we may rest_assured that the practical authority, in Siena at leajjtj rested elsewhere The people, assembled in the square before the cathedral at the bidding of the magis- trates, participated in a general way in politics by having treaties communicated to them and by receiving the sub- missions of conquered noblemen, but they did not govern. That privilege was exercised exclusively by a small circle of ancient and welUto-cIo families, from ajnong whom the consuls were regularly elected. The consular regime was therefore essentially an oligarchy. Such a system was possible because the upper class had mainly created and defended the commune, and be- cause, possessed of wealth, vigor, and superior intelli- gence, it found no difficulty in dominating the noisy and disorganized parliament. The consuls presently sur- rounded themselves with a council, called the Council of the Bell, which, being of more practicable size than the parliament, handled the business of the city with dispatch and made the general assembly of the citizens more superfluous than ever. Naturally the Council of the Bell marched under the same aristocratic banner as the consuls. The rule of the people would be carried from theory into the realm of reality only when the masses had acquired sufficient economic independence and political ambition to organize as a popular party for the express purpose of capturing the offices. I pointed out in another place* that in the year 1212 there was, according to the chronicler, "great enmity between people and nobles," an unmistakable revolutionary dis- turbance; in the next year (1213) we have our first refer- * Chapter II, p. 70. 132 SIENA ence to the existence of a popular party, a societas populi senensis.* This body was probably the common army of Siena organized for political purposes. In this p connection it is important to recollect that, ^all through * the twelfth century, the army, composed of the whole a ./.... ... j_ j: - ....... t citizen body, was in existence, that it was mobilizedfor ^ ' "!' !.* HMI ilt* ^[miniin >* ^^, ^-.T-^^f-. r-n,.-.. i , . n -. ' f > . ' n>.^.^... i HHM i tf*. a a particular end, usually the overthrow of a neighboring castle, and that, the campaign over r it was a^ain dis- ""^ solvej^. While_the upper class constituted the knights or milites^ who rode on horseback, the citizen mass -* made up the pedites or foot-soldiers. Together they marched out of the gates when the war banner was un- furled, but just as the milites in that display outshone the pedites, so they towered above their humble neigh- bors in political influence. Nevertheless, though docile at first, the people would soon feel the power which was theirs by reason of their numbers, and would strive to turn it to advantage. Slowly the common longing of dumb thousands would create a leader, and from his efforts would result an organization, which we may designate as the political counterpart of the ancient military union of the people. By some such process the societas populi senensis of 1213 must have come into being, but since, in the ab- sence of documents, we are not justified in pressing the matter of origin, let us content ourselves in fixing the significance of the accomplished fact. Undeniably the phenomenon means that byttie ^^ beginning of the thir- teenth century_the masses had reached a conscious pplitical purposeand had organized into a party aiming at control^ Therefore a struggle followed r a struggle *Zdekauer, "II Constitute," etc. Introduction, p. XLIII. THE LAWS AND INSTITUTIONS 133 between the new elements calling themselves the people ^/VjWjWo) and the upper class in possession, referred to variously as magnati, grandi, and cives majores. My task is to show how, moving onward inch by inch under an irresistible momentum, the people gradually dis- placed the oligarchs from every post of influence, until atlast, by a general decree, characteristic of a resentful and exultant victory, they excluded the former rulers from all participation in public life.. In the conflict between oligarchs and masses, thus inaugurated with the thirteenth century, the replace- ment of the consuls as chief executive by the potesta is of little consequence. It is prudent to dispose of this incident before plunging deeper into the social struggle. In the year 1199, for the usual multiple executive was substituted a single man, plainly a step in the direction of greater concentration of power. For some years after 1199 there was an uncertain practice in Siena with regard to the chief executive, until, beginning with the year 1211, we have regularly the potestas foretaneu s, the foreign potesta, installed for one year. The men of the Council who called him belonged to or sympathized with the dominant caste; they gravitated naturally toward a person of their own social level, preferably from Bologna, Modena, or some other town as far removed as possible from the interests and passions of Siena; and, after he came, they constituted themselves his advisers, or rather, from more than one point of view, his lords and keepers. His entrance upon the scene marked no immediate displacement of political power, although it is clear that the crowding of the local nobles out of the highest dignity in the town must have 134 SIENA made room for a freer unfolding of popular energy. The fact that our earliest evidence of political unrest among the people belongs to the period just subsequent to the coming of the potesta may be taken as a sign that the monopoly of the oligarchs was looked upon as weakened. For several decades after our first proof of the exist- ence of a popular party we lose sight of it again. Very likely it did not succeed immediately in making itself felt in the public life of the town. It had powerful opponents; it lacked experience; and it had still to perfect its organization. If practical advantages were to be obtained this last point was particularly important, and, as a matter of fact, it received unremitting attention until, toward the middle of the thirteenth century, the organizing work was crowned by the people giving themselves a single head under the title of captain.* As with the captain of the people was associated a council of the people, it became plain that the societas populi senensis was shaping its institutions according to the model furnished by the commune with its potesta and Council of the Bell. However, even before the society reached its final and effective form, it won an immensely significant victory, for in the year 1240 the potesta, though retained as a sort of honorary sovereign with important representative functions, was deprived of the political direction of the city; this responsibility was put into the hands of twenty-four citizens (/ Pentiquattro), and, what is particularly worthy of remark, one-half of the Twenty-four were required to * We get our first news of a captain of the people in 1253. Muratori, XV, "Cronica Sanese," ad annum. 2 o .c u THE LAWS AND INSTITUTIONS 135 be of the party of the people.* The revolution of tfye, year 1240, therefore, established a political partnership between nobility and commoners. Indications are not wanting which point to the conclusion that the con- servatives in power did not yield gracefully to the new order of things, and that it required long and loud clamor at the gates before the people's party was ad- mitted into the citadel. But, the first success won, that party proceeded with the remorseless tenacity which has always characterized a pushing democracy, to fol- low up its initial victory. Wedging its way into one communal dignity after another, it had by the year 1262 succeeded in carrying a measure to the effect that one- half of the holders of all offices must be popolam.^ When we observe by a perusal of the great constitution of this same year that the captain of the people, symbol and gauge of popular influence, ranked with the potesta as a political factor, remaining inferior to him only in the subtle matter of prestige, we can form some idea of the extent of the popular triumph. The people had built up a party of commoners to effect the capture of the com- mune, and, after a struggle of half a century, the move- ment had advanced so far that the ruling class had been everywhere obliged to let the upstart representatives of the people make themselves comfortable at its side. The rule of the Twenty-four, representing a compro- mise between the nobility and the people, lasted for a period of just thirty years, from 1240 to 1270. This period is not only coincident with what is perhaps the *Salvemini ("Archivio Stor. It.," Serie V, Vol. XXI, 571 /.) defends an interesting, but not conclusive, proposition to the effect that the Twenty-four were wholly of the party of the people. t "II Constitute," etc., I, 518. 136 SIENA climax of the whole Italian Middle Age, but it also con- ducted Siena to the summit of her political destiny, disclosing to her for a moment an outlook as wide and intoxicating as was ever scanned by Venice or Florence. The life of the Twenty-four covers the last act in the tragedy of the Hohenstaufen. By taking the Ghibelline sid with conviction and enthusiasm, the Twenty-four shared the victories won by Frederick II and his de- scendants, Manfred_ and Conradin, and inevitably^ when Jatejfaially declared against the imperial charn- pions, went down with them in a common defeat. The fact that the Twenty-four, who mark a temporary union of oligarchs and commoners, followed this policy, proves that the unanimous sentiment of the citizens supported the Ghibelline cause. This momentary domestic har- mony makes the rule of this particular government one of the happy incidents of Sienese history, and accounts in part for the great victory won at Montaperti (1260) against Florence and the Guelphs. For a tremulous moment after her sweeping triumph Siena held Tuscany in her hand. If, as sages and poets have told us, it behooves men to fill the cup of life to the brim and empty it to the lees, the fever and triumph, associated with Frederick and Manfred and Montaperti, were worth while even at the price of the awful fall which followed. Disaster, after several vain threats, closed definitely about the city, when the boy Conradin, last of his line, was defeated in the year 1268, and on the great market- place of Naples, in the sight of the court of the French usurper and the massed multitude of commoners, had his head severed from his body by the executioner's axe. From that moment the Ghibelline doom was sealed and THE LAWS AND INSTITUTIONS 137 Siena's brief dream of empire vanished in air. The Twenty-four, sponsors of a Ghibelline policy, did not quail before the storm which now broke over them. They met the Guelph onslaught at Colle (1269), where the sentence of Montaperti was reversed. Siena had to become Guelph or be obliterated. The first step in the city's recantation was the snuffing out of the Twenty-four. To Manfred and Montaperti, as well as to Colle and the Guelph triumph, I shall return in the next chapter. I have introduced them here to explain the greatness and fall of the Twenty-four and to render intelligible the inner changes that signalized the passage of Siena from the Ghibelline to the Guelph side. This was a gradual process, much delayed by plots and disturbances, until the trading elements of Siena made up their mind firmly that there was no salvation for the material interests outside the alliance with the victorious church. Then the merchants resolutely took control. In carry- ing through their Guelph programme they discovered no need for greatly altering the institutions; their prin- cipal measure was to give the political direction into the hands of a group of partisans, business men and Guelphs. The number of members constituting this committee fluctuated for a time we hear on one occa- sion of Thirty-six, on another of Fifteen until it was finally fixed at Nine. The new governing committee Li Signori Nove Governatori e Difenditori del Comune e del Popolo di Siena exercised much the same sort of power as the defunct Twenty-four, and, becoming a fixture in the year 1292, ruled the city for more than sixty years. The Nine sound a perfectly definite note in the history 138 SIENA of Siena. They mark the adoption by the city of a Guelph foreign policy, in sober recognition of the fact that henceforth there was security only in the camp of the church. But that is not all: they signify also the final stage in the conquest of the commune by the people. During the recent passionate struggle the no- bility and commoners had been united by a general Ghibelline sentiment. The domestic harmony was consecrated by the Twenty-four, made up in equal pro- portion of representatives of the two groups. But class rivalry continued under the surface, and the catastrophe of Conradin had no sooner drawn the ground from under the Twenty-four than the local disturbances flared up more intolerably than ever. Thereupon the merchants, resolved on peace at all costs, seized the power, their victory finally crystallizing in the govern- ment of the Nine. As the merchants represented the old societas populi senensis, not content with declaring prudently for the church, they now resolved to crown the ambition of their party and complete the capture of the commune. Accordingly they declared the nobility ineligible to office, reserving all positions of influence to themselves. It was a violent measure, which, though of doubtful wisdom, was yet not without a grim sort of political logic. Since the beginning of the thirteenth century the people had demanded participation in the government only to be thwarted at every point by the selfish oligarchs. None the less by the middle of the century they had made important progress, and, under the Twenty-four, weighed as much in the scales as the old rulers. But as commerce and industry were giving an increasing significance to the productive workers with THE LAWS AND INSTITUTIONS 139 each new year, it was likely that they would demand increasing recognition, nay, press their claims to the point of an absolute triumph. This uncompromising j>olic the merchants carried through, thus coupling with the Guelph alliance in the foreign field a local demo- cratic victory.* It was in the year 1277 that Siena adopted the measure which turned the tables upon the nobility. On the 28th of May a motion was passed in the General Council to the effect that the grandi should be henceforth and for- ever excluded from the supreme magistracy of the re- public.f Agreed that the measure was intelligible enough in view of the passions developed by the long domestic struggle, it was none the less in the highest degree regrettable by reason of its breeding in the nobil- ity a justifiable and rancorous aversion against the democratic regime. The magnates of Siena were indeed a difficult urban element, but they were not entirely feudal, for they had gone into trade, and the great commercial companies, named for such families as the Salimbeni, the Tolomei, the Malavolti, and the Piccolomini, were one of the main sources of the city's * Lack of space makes it necessary to treat the struggle which preceded the overthrow Of the" "magnates in the above summary fashion. I must, however, not fail to observe that the victory of the popolo was much ~~~~ * - - - I I I _ L .. _ _ II ' ' 1, Pi l ' jy"l f" helped ir^ Siena as elsewhere by the division of the nobility into the two groups of (juelphs' and Ghibellihes. As early as 1262 the Guelph nobles. though a mmonty L engaged in street riots, which ended' in the first ^reat eaDdus~7rom~tn"e city. The exodus was a common weapon of party warfare. On the (juelDh~GJubeIline conflict of 1262 see Muratori, "Croqjca Sariese," XV, 33, and Davidsohn's comment, "Geschichte von Florenz," II 1 , p. 538. The incident serves admirably to explain the various reasons why the nobilfty could not be trusted with the government of a democratic community. t Archivio di Stato. " Consiglio Generale della Campana." Deliberazoni ad annum. 140 SIENA prosperity. It is perhaps an erroneous opinion that, by the adoption of a more generous policy, this class would, in the course of time, have been fused with the people into a truly democratic society; it admits of no dispute that the policy of exclusion was the worst that could possibly have been adopted, since by feeding the auda- cious self-will of the nobles with a genuine grievance, it created a condition of latent revolt and threw Siena upon an interminable sick-bed. (B) THE INSTITUTIONS I have already said that the victory of the people, won toward the end of the thirteenth century, did not greatly alter the city's institutions. Originally the offices had been filled by the nobles; then they were shared between nobles and people; and, after the exclu- sion act of 1277, they were appropriated, if not by the people, at least by the upper stratum of the people, the trading bourgeoisie. But, whoever possessed the offices, their form remained essentially unchanged. The fact was that the institutions of Siena were to all intents complete before the people carried their victory to its uncompromising conclusion. Exactly what these institutions were is disclosed by the Sienese constitution, the genesis of which I have attempted to explain. With the copy of the year 1262, the earliest version preserved by the chances of time, before us, we are enabled to reconstruct the whole machinery of Sienese public life. Eschewing so ambitious a project, I shall content myself with isolating for observation and remark some of the more important features of the local political system. THE LAWS AND INSTITUTIONS 141 As already stated, some students hold the view that no sooner did the young republic of Siena usurp the functions of government than the theoretical sovereignty passed from the empire and emperor to the body of citizens assembled in parlamentum. The parliament, however, in no sense governed, wherefore the practical sovereignty soon centred in the Council of the Bell. There are traces in the constitution that the parliament, though obsolescent by the year 1262, was still looked upon as a potential factor in the life of the city, but, as the Council of the Bell did not wish to imperil its own supremacy, it took care to bury the general assembly in oblivion by never calling it together. Whoever peruses the constitution will readily convince himself that the Council of the Bell is the real core of the Sienese state. He will learn that it was composed usually of about three hundred members, distributed equally among the three terzi or sections of the city, that the potesta was its presiding official, and that its session was legal only if a general summons had been made by the ringing of a bell. When the campana del consiglio raised its metallic voice, audible far beyond the circumference of the walls, three hundred men abandoned ledger, shop, and fire- side to wend their way to the church of San Cristofano, which in 1262, and for some years after, still did service as a city hall. Not only such matters as the voting of moneys, the making of laws, and the decision over peace and war, but also the election of the potesta and all officials whatsoever lay in the hands of the Council. Such powers indicate unquestioned sovereignty. Of the many committees of the Council of the Bell I shall speak only of one, very characteristic of this 142 SIENA formative period, the so-called Thirteen Guardians of the Constitution (/ Tredici Emendatori). They had special charge of the body of statutes, with the duty not only of incorporating with them the new laws passed by the Council, but also of proposing such changes in the machinery of the state as appeared to them desirable. For the purpose of giving their undivided attention to the subject, they went every year, for a period of not more than eight days, into a kind of religious retreat. The ripe fruit of their deliberations was presented to the Council in the form of constitutional amendments to accept or reject as that body saw fit.* In the year 1262 the chief official of the state, clothed by the Council of the Bell with full executive authority, was still the potesta, though his authority was by no means what it had been when the office was first insti- tuted half a century earlier. In his first period the potesta not only influenced legislation by sitting with the Thirteen Guardians of the Constitution, but was per- mitted of his own authority to fix the height of the fines by which the citizens compounded certain transgressions of the law. By the middle of the century (1250) he had been deprived of all such powers of personal initiative and been reduced strictly to the terms of an executive official. Other circumstances, already touched upon, contributed to the diminution of his importance. The steady rise of the people's party had brought their leader, called the captain of the people, forward, with the result that the constitution of 1262 names him as the potesta's alternate in leading the armed host, and puts him on a level with the potesta in many other respects. Further, * See what amounts to their breve in "II Constitute," etc., I, 137-148. The Palazzo Pubblico THE LAWS AND INSTITUTIONS 143 the fact that the political direction of the government had passed, by the revolution of the year 1240, to a com- mittee of citizens called the Twenty-four, effectively reduced the stature of the chief official. The constitu- tion of 1262 still does full honor to him as head of the commune and successor of the consuls: he is endowed with the insignia of sovereignty; he moves with elabo- rate state through the city; he presides over the highest municipal court; he may, provided the Council does not prefer the captain of the people, lead the local army in war; nevertheless he is a waning and not a growing power in the commune. Though the constitution of 1262 undeniably declares that the potesta's decline has begun, this process was greatly accelerated in the generation immediately fol- lowing. Before the end of the century, not only was he entirely relieved of any connection and responsibility toward the army, but the Nine, heirs and successors of the Twenty-four, dropped all concealment and stepped forth openly into the light of day as the real governors of the city. Therewith the potesta vanished from the purely political story of Siena, though in the chapters dealing with justice and administration he still loomed large for some generations by reason of the fact that he continued to be appointed to preside over the leading communal court and, at the same time, acted as the court's executive official. Having touched upon the evolution of the potesta we are prepared to attend to the characteristic features of his office, as it was exercised through the greater part of the thirteenth century. The first section of the consti- tution of 1262 (Distinctio I) is devoted largely to him 144 SIENA and his duties. We there learn that he was elected by a very complicated process in the Council of the Bell; that he was to be preferably, though not necessarily, a foreigner; that his term of office lasted for one year; that he had to be in Siena on the first of November, in order to familiarize himself with his duties, which began on January first. As the commune had only just made a beginning toward providing itself with buildings for its functionaries, the potesta was obliged to occupy a private house, being authorized to pay a rental for it of XL. librce et non plus.* Among many additional de- tails none are so curious as those which minutely regu- late his private conduct. He was indeed surrounded with ceremony and rewarded with an ample stipend, but, in return, he could bring only a certain number of care- fully specified persons with him in his suite and had to submit to petty, not to say ludicrous, rules, prescribing his guests at table and the very hour of his retirement at night. The fact was the stout burghers, who gave themselves the foreign potesta as ruler, were devoured with the suspicion that he might transform his elective dignity into a tyranny, and controlled his every move- ment as a guarantee against conspiracies and as a necessary safeguard of their newly won and precious liberties. No less important than the executive provisions are the administrative arrangements of Siena as revealed by the constitution of 1262. The document informs us that the business of the city was largely concentrated in the hands of four men, called Proweditori. Like the potesta, they were elected by the Council of the Bell, to * "II Constitute," etc., I, 158. THE LAWS AND INSTITUTIONS 145 which, too, they were responsible for the conduct of their office. They comprised essentially a department of the treasury in charge of the revenues and expendi- tures of the state, exercising, in addition, a general con- trol over many minor administrative services.* Their account books, beginning with the year 1226, are extant, constituting a source of invaluable information touching dress, customs, commerce, and an endless variety of facts illustrating the state of Sienese civilization. f A house attached to the church of San Pellegrino and used for their official residence bore, for an unexplained reason, the name Biccherna, and la Biccherna became in popu- lar usage the term of reference to the office of the Four. Their secretary was called camarlingo, and in the early period of the republic was frequently, because of the reputation of honesty attaching to his cloth, a Cistercian monk from the great abbey of San Galgano in the Merse valley. A charming memorial of this secretary and his four superiors is preserved in the Piccolomini palace, the splendid structure of Pope Pius II, which serves at present as the home of the Sienese archives. To appreci- ate this memorial we must acquaint ourselves with the custom of the Biccherna to file away its accounts within a pair of stout wooden covers, which, moved by the love of art characteristic of the time, it commissioned some local painter to grace with a design in color. Many of these covers have been preserved, all more or less signifi- cant, and affording in their sum a rarely intimate and * The duties of the Proweditori are described in "II Constitute," etc., I, 381. On their origin see Introduction, p. xxi ff. t The Commissione Senese di Storia Patria has begun the publication of these account books under the name Libri dell' Entrata e dell" Uscita della Repubblica di Siena. Thus far (1908) two volumes have appeared. 146 SIENA immediate view of a vanished world. A visit to them, where they hang in a rarely trodden corridor of the great papal palace, builds the road to yesterday with audible whispers of the by-gone years. We see the coats of arms of former Provveditori, which are often splendid designs in mediaeval heraldry, the Virgin in the very act of protecting her city in some grave crisis of war or pestilence, and, often, the figure of a white-clad, shrewd- faced monk, bending over a book of figures our camarlingo.* Many special studies, based on the constitution of 1262 and utilizing a large amount of other material, have reconstructed the Sienese system of justice as it existed in the thirteenth century. This large subject, which, in order to reach broad and satisfactory conclusions, ought to be considered in connection with the whole ques- tion of justice in the mediaeval communes, I can no more than hurriedly touch in passing. When the feudal courts broke down, or when they failed to meet the wants of the population, new courts took shape, insti- tuted by the great corporations which came to dominate society. In Siena, as everywhere, there was in conse- quence a variety of justice: justice of the church, justice of the guilds, justice of the commune. In this situation it was not always easy to say which court had compe- tence in a particular case. The movement toward the unification of these various systems was, in the year * For an attractive account of these covers see Hey wood, "A Pictorial Chronicle of Siena." The whole series of covers has been issued in photo- graphic fac-simile, accompanied by a scholarly Introduction, by Lisini, "Le Tavolette Dipinte di Biccherna e di Gabella." In this connection it should be explained that the Gabella was a minor section of the general financial administration, and that its officials, like those of the Biccherna, had the habit of filing away their records between painted wooden covers. THE LAWS AND INSTITUTIONS 147 1262, still so backward, that an able critic has declared the judicial department the weakest point in the organ- ization of the state.* Each of the diverse courts within the walls being independent of the other developed its own procedure, and each rested upon a body of law, con- taining customary, statutory, Germanic, and Roman ele- ments in varying proportion. Here was abundant occasion fo confusion, which, however, a movement already noted tended to reduce. I refer to the revival in the twelfth century of the study of Roman law in the university of Bologna, which influenced tremendously the legal systems of all the communes of Italy, and led to their absorption of Roman principles in constantly increasing measure. On every department of public life, on which a stu- dent may desire information, the constitution offers full particulars. Of the army I shall speak in another place, f That Siena minted her own money, one of the usual attributes of sovereignty, we know from the charter of Henry VI, J but only through the constitution of 1262 are we aware that she took deep pride in her coinage, declaring that none but the best workmen shall be employed in order that the money of the city be both reliable and beautiful. However, of all the varieties of information vouchsafed by this document, none would prove more fruitful, especially on the social side, than a study of the municipal taxes. Owing to its great * Zdekauer, "II Constitute," etc. Introduction, p. lix. For an important contribution to our knowledge of early communal justice, see the same editor's "II Constitute dei Consoli del Placito del Comune di Siena"; also, Caggese, "Un Comune Libero alle Porte di Firenze," p. 34 ff. t Chapter VI, p. 164 ff. t See chapter II, p. 57. $ For the breve of the lords of the mint the mint itself was called II Bulgano see "II Constitute," etc., I, 418, 444. 148 SIENA necessities, the commune early in its career put on the tax screws, levying all the direct and indirect taxes known to a modern secretary of the treasury, but perhaps the most significant observation in connection with the revenues is that they show a growing tendency on the part of the authorities to proportion the burden to the wealth of the individual citizen plainly an affirmation of democratic ideals.* This rapid sketch of the institutions of Siena covers the period of the Twenty-four, reaching down to the exclusion of the nobility (1277) and to the assumption of political power by the people. Before I carry the domestic evolution further, I must follow the genesis and culmination of the greatest national issue which Siena in all her career was obliged to face, the struggle with Florence for the supremacy in Tuscany. By an interesting coincidence the conflict was at its height at the very period when the constitution of 1262 came into being. At that time, however, the rivalry was already a century and a half old, and by having eaten into the blood and fibre of every Sienese man, woman, and child, ignited, at the slightest provocation, a flame of passion that was fed from every enthusiasm and every rancor of the human breast. * The direct tax, affirming itself more and more in the Sienese system, was a tax on total wealth and was called lira. It was levied for the first time in an experimental way in 1202, but from that time was gradually broadened and regulated in its application by being based on careful registers. On the lira see "II Constitute," etc., Introduction, p. Ixviii; also " Conf erenze " (1897), p. N CHAPTER VI THE RIVALRY WITH FLORENCE^ Ojme can follow the story o the long and bloody wars between Siena and Florence without keen distress. Such savage hatred, such din and onset of armed hosts, such wanton butchery of wounded men, such cold torture Q prjggnprs^ such harrying of fields at the very moment when the bending corn was nejiingjto_the_sicklg se non piangi di che pianger su oli ? That they, Tuscan cities of the same blood, should ^^ Jhay^w^rr^d u^oji_oneanother at all, has, at first blush, something unreasonable to the modern mincf^ though when we recall that the society of which they were a part systematically cultivated a martial frame of mind, that their territories were contiguous and their boundaries uncertain, and that mutual animosity was constantly stimulated by commercial rivalry, we cannot fail to recognize that here were conditions and motives which still operate in our own day to produce armed conflicts. But if the underlying causes of the wars between Siena and Florence are unhappily familiar to our thought and experience, there remains, separated from our modern practice by a gulf of seven centuries, the manner in which these wars were carried on. In this respect Time has wrought an immense improve- ment, of which we must take exact account if we would seize the peculiar atmosphere enveloping a mediaeval 149 150 SIENA campaign. Apart from our medical service, which as a very recent achievement of science affords no basis for comparisons, we have an elaborate international war- code, under which non-combatants are safeguarded, prisoners treated with humanity, and every care taken to eliminate merely wanton cruelty. Many of the baser passions had to be tamed, a process involving a radical reform of conduct, before mankind could make this general advance. In the campaigns, not only of Siena and Florence, but of all the Italian cities, the absence sometimes of even the most rudimentary humanitarian impulses forces itself on our attention, and the brutality, the uncontrolled fury, the total surrender to the pulses of hate, burn us as with fire. Hear, for example, the words of a poor Franciscan, Brother Salimbene of Parma. Listening from his quiet retreat in the Emilia to the noisy march of the world, he entered in his chronicle with the pardonable garrulity of old age all that he could learn about the great sea-fight of the year 1284 between the Genoese and the Pisans. The slaugh- ter was terrible, and when the victorious Genoese had sailed away with those whom they had spared as prisoners in their hands, the women of Pisa went on foot to seek out their husbands, sons, and brothers. "And when the aforesaid women sought out their captives, the jailers would answer them: 'Yesterday thirty died and to-day forty. We cast them into the sea, and thus we do daily with the Pisans.' So when those ladies heard such news of their dear ones and could not find them, they fell down amazed with excess of grief, and could scarce breathe for utter anguish and pain of heart. . . . For the Pisans died in prison of hunger and famine and misery and anguish and sadness." And he closes a heart-rending THE RIVALRY WITH FLORENCE 151 passage with this significant statement: "Note, moreover, that as there is a natural loathing between men and serpents, dogs and wolves, horses and gryphons, so is there between the Pisans and Genoese, Pisans and men of Lucca, Pisans and Florentines."* Horses and gryphons! An amusing mythological intrusion, but incapable of weakening the vibrant force of the old man's statement. Like his spiritual father, St. Francis, like the best men of the church for ages past, he bewailed this unmitigated manner of carrying on war; but many generations were to come and go before the voice of humanity made itself heard above the tumult of violence. Let us give ear to one more and the weightiest witness touching the moral background of the age before we take up the detailed struggle of Florence and Siena. Dante Alighieri was a younger contemporary of Brother Salimbene. What was to him the summum bonuniy the supreme hope and desire of mankind ? Listen to this solemn sentence from the De Monarchia (Book I, chap. 4): "And hence to the shepherds sounded from on high the message not of riches, nor pleasures, nor honors, nor length of life, nor health, nor beauty, but the message of peace." The greatest thing is the thing we miss most, and Dante neither had peace in his own life nor did he see it anywhere about him in the world. Even more moving than his own words is the glimpse of the great exile which we get in a con- temporary letter.f The writer was an inmate in a * Coulton, "From St. Francis to Dante: A translation of all that is of Primary Interest in the Chronicle of Salimbene," p. 218. f The letter of Ira Ilario retains a certain biographical value even if it is, as some contend, apocryphal. On its authenticity see Bartoli, " Delia Vita di Dante," chapter 12. 152 SIENA monastery high in the mountains above Luni. One day a wanderer with the sad eyes of Ahasuerus entered the gate. " Hither he came moved either by the religion of the place or by some other feeling. And seeing him ... I asked him what he wished and sought. He moved not, but stood silently contemplating the columns and arches of the cloister. Again I asked him what he wished. . . . Then slowly turning his head, and looking at the friars and me, he answered 'Peace." The stranger was the great Florentine. Peace, the peace which in his poem he said he sought from world to world,* was the aspiration of his deepest mood. But here we come upon an anomaly, painful in such a man, but intensely human. Though he craved a better day, and dreamt of peace and love, he was buffeted by all the passions of his age. That was the price he paid, and probably paid gladly, for being alive. Does he not share every hatred by which his fellow-citizens, ranging from the humble wool-carder to the proud merchant of the Calimala, were fused into a nation animated by a common patriotism ? In his verse rival Pisa becomes the vitupero delle genti, neigh- boring Pistoia is urged to make an ash-heap of itself for its sins, and the upland Sienese are sneered at as fickle- hearted children, a genie vana. His attitude is equally uncompromising toward his fellow-citizens, or rather toward that presumptuous section of his fellow-citizens who conducted his beloved Florence along a different political path from that which he would have wished her to travel; he has nailed their reputations, while the world lasts and poetry is power, to the gallows. *"Purg.," V, 61. THE RIVALRY WITH FLORENCE 153 No, Dante might cry peace, peace, but, while he himself travailed with hate, showing us in the vast panorama of his poem his whole generation stirred in every fibre with the like passion, there could be no peace. Returning to the rivalry of Florence and Siena, I repeat that it TVad its origin iri~a territorial issue, re- enforced and embittered by unrestrained commercial competincm7 The reader will recall that, as soon as the twjo_towns became independent commonwealths, they entered upon a struggle to control each one its own comitatus or county. In the early Middle Age, during the Germanic domination, the comitatus or count's territory was the civil counterpart of the diocese or bishop's territory, and, in a general way, the boundaries of the two administrative units of church and state coincided. But there were regions of divergence. The failure of the Sienese diocesan boundary to include eighteen baptisteries, lying to the east and included within the political boundary of Siena, was at the bottom of the long lawsuit, of which we have heard, between the bishops of Arezzo and Siena. Northward, in the direction toward Florence, there was even graver trouble, to understand which we must familiarize ourselves with certain important facts in the Florentine political development. Owing to some confusion of the ninth century which escapes our knowledge, the county of Fiesole had been united with that of Florence, giving Florence a civil territory larger than that of any other Tuscan town. How far the boundary of the combined county of Florence-Fiesole extended southward was uncertain, but the Florentines raised the claim that it reached beyond the Chianti hills, nay, even to a succes- 154 SIENA sion of points, the nearest of which was not above seven or eight miles from the Sienese walls. Apart from the doubt which, in view of the prevail- ing mediaeval confusion in the matter of boundaries, the Sienese might reasonably entertain concerning the jus- tice of the Florentine claim, they were urged by the most elementary considerations of safety to keep a neighbor of the metal of Florence at a more comfortable distance from the gates. At this point the reader is requested to examine the accompanying map * and to take note how close to Siena the probable southern boundary line of the combined county of Florence-Fiesole extended. Even so the Florentines raised objections and claimed a still further extension southward. Agreement prov- ing impossible in the face of such insolence, the de- cision had to be referred to the field, and since, as we shall presently see, Florence was victorious, her view naturally triumphed. As early as 1203 an arbiter, the potesta of Poggibonsi, rendered a decision favorable in all respects to Florence, with the result that down to the last days of the independent existence of the two republics, the boundary between them practically re- mained as traced by Florence and confirmed by the so-called "lodo" of 1203. During the early jnediaeval centuries this boundary dispute between_Siena and Florence slumberedTassum- ing importance Qnly with fbfijwellth^century^ for not till then didjhe two cities Jbegin to extend their domin- ions beyond their_g2J]s, In this movement of expan- sion they had no sooner clashed with the great nobles of their respective contados than they began to quarrel *See p. 177. THE RIVALRY WITH FLORENCE 155 with one another. If Siena was hemmed in by the So- arzi, the Cacciaconti, the Aldobrandeschi and other clans, Florence was hardly less hampered by the two great houses of the Guidi and the Alberti, who held scores of castles all around the city. Under the stimu- lus of an unscrupulous rivalry, Florence secretly en- courageaand often lent open aid to the Sienese nobles, while Siena followed the same policy towqrd the F|QJ- entine magnates. When we recollect that each of the two towns was territorially and commercially in contact with other towns, Florence especially with Arezzo, Pistoia, and Pisa, Siena more particularly with Arezzo and Orvieto, we are prepared to understand that they never faced each other like two duellists, each of whom relies upon himself alone, but that their city neighbors were inevitably drawn into the conflict. Nor does that exhaust the political and military factors of which we must take account in this keen rivalry. As pope and emperor enjoyed considerable, if varying, power, towns so savagely hostile as Siena and Florence would not hesitate to enlist the support of one or the other for their side^ When Florence became Guelph, holding with remarkable steadiness to the alliance with Rome, Siena had really no choice left but to become Ghibelline jmd seek her salvation in a union with the emperor. Thus the nobles of the respective contados, the neigh- boring free communes of Tuscany, the emperor and pope all play parts in the long feud between Florence and Siena, but while the presence of these numerous agents often obscures the issue and complicates the situation, we are certainly not wrong in affirming that no matter with what helpers and under what battle- 156 SIENA cries the two towns clashed in field and council- chamber, in the mind and heart of each was ever uppermost its own security and greatness. The first armed conflict of Florence and Siena bringing the_territorial issue between them into sharp relief occurred in the year 1129 at Vignale, a castle situated in the disputed Chianti territory.* The Sienese had seized an opportunity to enter and fortify it, when the Florentines hurried up and drove them out again. In 1141, we are informed, the Florentines pushed an incursion into Sienese territory as far as the Porta Camellia, the north gate of the town, and in the year 1145 we hear of a great Florentine victory on the slopes of Monte Maggio, that wooded mountain intercepting the gaze of whosoever standing on the Sienese ramparts looks toward the setting sun. In the battle of Monte Maggio the Guidi, the leading feudal family of the Arno valley, fought on the side of Siena, and though defeated, or rather because defeated, continued to nurse a rancor- ous hatred for the Florentine commonwealth. In company with their ally, Siena, they now planned a stroke which was to check the further progress south- ward of the Arno city. The via francigena, of such importance to Siena, fol- lowed, as we know, the Elsa valley until it reached the Arno, crossed the river by the bridge at Fucecchio, and *The Annales Senenses ("Monumenta Germ.," XIX) report, without explaining, an earlier clash than the above, a clash of 1114. The wars of Florence and Siena in the twelfth century are a difficult subject, upon which many scholars have exercised their ingenuity. In addition to Davidsohn ("Geschichte von Florenz") and Santini ("Contado e Politica Esteriore del Sec., XII"), much valuable material has been contributed by Villari ("I Primi Due Secoli della Storia di Firenze") and Hartwig ("Quellen und Forschungen zur Geschichte von Florenz"). THE RIVALRY WITH FLORENCE 157 then turned sharply west to Lucca. Half-way down the Elsa valley lay the hamlet of Poggibonsi, so favor- ably situated on a hill that whoever controlled it might hope to hold the key to the whole region. Poggibonsi was a possession of the Guidi, but lay, so the Arno burghers clamorously affirmed, in Florentine territory. Toward the middle of the twelfth century little Poggi- bonsi on the Elsa became the center of a web of in- trigues which almost defies unravelling. Suffice it that the Guidi, filled with wrath at the presumptuous Florentines, deftly spun their threads to play Poggibonsi into the hands of Siena. In the year 1155 the cabal, in which even the pope was induced to take a hand, scored a complete success. The Florentines, hurrying up with an army to protest with force against the diminution of their authority, were defeated, and Poggibonsi for the present remained in the hands of Siena, a welcome guarantee to that town against further Florentine en- croachment on the Elsa side, f If one thing more than another distinguished the Arno burghers it was that they could bide their time with the patience of a hunter in the woods. Desirous of trapping Poggibonsi, they waited for their opportunity nineteen years. Then they intrigued with the Cacciaconti, lords of Asciano and neighboring points and ancient enemies of Siena, and acquired a foothold in the important Asciano itself. When the Sienese arrived on the scene, prepared to undertake the siege of the little town, the Florentines advanced upon them to the cry of San t Poggibonsi in the twelfth century is a story by itself and a fascinating one for the student of Tuscany. For a coherent account see Davidsohn, p. 457^-f an d passim; also, Santini, "Contado e Politica Esteriore", pp. 57, 81-83, 100-106. 158 SIENA Giovanni, their patron saint, and defeated them roundly (1174). In spite of spirited efforts the sons of the Virgin could not recover from this calamity, and in the year 1176 were obliged to accept peace at the dictation of their enemies. The conditions of the victors were hard : they acquired one-half of the Sienese interest in Poggibonsi and forced from Siena a recognition of the Chianti boundary line as drawn by themselves. The next crisis in the affairs of the two rivals occurred injthe year 1 197, when the suddenjeath of the Emperor Henry VI broke the tyrannical yoke which his masterful will had imposed on the Tuscan cities. We have ob- served how, by the charter of the year 1 186, Henry had in effect limited the authority of the Sienese consuls to the city itself. The like or a similar policy he had pur- sued with reference to the other towns, with the result that they had lost their hold on their respective contados, ambition and prize of many decades of combat. In 1197, therefore, the towns, relieved of the imperial incubus, made a general Tuscan alliance with the main object of permitting each one to repossess itself of its de- pendent territory. We have taken note of the " submis- sions," which Siena now successfully enforced from Cacciaconti, Ardengeschi, and others of her feudal foes. But the contado issue, revived by the Tuscan league, naturally brought the old Chianti boundary dispute once more to the front. Siena was very desirous to improve her position against her grasping neighbor, but as Florence would not yield one inch of her historical claim, the upland city, in order to avoid war, agreed to have the Chianti matter settled once for all by the decision of an umpire. The potesta of Poggibonsi was THE RIVALRY WITH FLORENCE 159 accepted for this office, and in the year 1203 pronounced the "lodo" already mentioned, favorable in every respect to the Florentine claims. A little later, in the year 1208, Siena resigned all her remaining rights to Poggibonsi. Thus, after a struggle of almost one hundred years, the defeat of Siena, with regard to the various questions touching her northern boundary, was indisputable and complete. With the new century the conflict between the now thoroughly embittered towns continued, but Siena, persuaded of her inability to break through the Florentine line to the north, with shifty resolution turned her chief attention in another direction.* To understand fully the change which now occurred in the Sienese policy of conquest we must return to the Tuscan league of 1 197. From that union of cities Siena received authority to possess herself of her contado. Accordingly, as soon as the nobles had been reduced to obedience, she laid siege to the hill-town of Montalcino, and in the year 1201 raised her banner over its walls. Then, moving step by step, she undertook to subjugate Montepulciano, even more important than Montalcino, for Montepulciano reared its threatening towers not only near the via francigena, but also directly over the road which penetrated eastward to the Chiana valley and to central Italy. On the basis of an express agreement * Of course Poggibonsi and the northern boundary were not eliminated from the subsequent struggles, for Florence did not enter into permanent possession of the little town in 1208. The interference of the emperor presently effected the liberation of Poggibonsi, without, however, in the least discouraging the ambition of the Arno burghers. Throughout the thirteenth century Poggibonsi, when free as well as when unfree, remained a centre of dark intrigue directed against Florence. For the astonishing vicissitudes of the little town in the thirteenth century see Davidsohn, " Geschichte von F.," especially II 1 , pp. 219, 428, 513; and II", p. 64. 160 SIENA the Florentines had supported the Sienese in their campaign against Montalcino, but now when the latter moved on Montepulciano the Arno burghers took alarm. A strong Siena was not to their taste, and although Montepulciano was proved before commissioners of the Tuscan league to lie, beyond the peradventure of a doubt, in Sienese territory,* and, therefore, to be lawful Sienese prey, the Florentines were ready to resort to any and every device before they sanctioned Sienese rule at that commanding point. The result was war, in fact a whole succession of wars, spun out through the greater part of the thirteenth century, with Montepul- ciano as the storm-centre, and a number of other Sienese towns, such as Montalcino and Grosseto, involved whenever Florence could induce them to rise in revolt. Between the new wars and those of the previous century over Poggibonsi and the Chianti boundary existed as a bond the inalterable resolution of Florence to thwart the expansion of Siena. In order to bring the new phase of the struggle before us as succinctly as possible, I shall set down the wars in their chronological order. There was war between Florence and Siena from 1207 to i2o8Vagainfrom 1229 to 1235, another war from 1251 to 1254, and a final struggle with interruptions- from 1258 to 1270. Even the intervals of peace witnessed some disturbances, because Tuscany, with its many other cities, provided each with its own set of quarrels, was almost always in a state of confusion, which inevitably reacted upon the delicate relations of our two rivals. I do not purpose * The evidence, taken down by the commissioners and entirely conclusive on the point at issue, may be found in Muratori, "Antiq. It.," IV, 576 ff. THE RIVALRY WITH FLORENCE 161 to follow these wars with any detail until we get to Montaperti and the dazzling prospect, brief as summer lightning, which it opened to the Sienese. The military art of that century was a pitiable thing, and the capri- cious course of assaults, sieges, and retreats must exas- perate every modern reader. To Mr. Maurice Hewlett, considering the ways of the Tuscan cities,* their cam- paigns reach unimagined heights of futility. Siena, Pisa, Arezzo, Florence and the rest are to his amused view very like a pack of ill-tempered village curs, who bark and snarl at one another until with a sudden rush they roll over in the dust, biting right and left, and then, yapping rage and victory, make for home. With due allowance for the exaggerations of the romantic tempera- ment, it remains none the less true that there is little profit to be had of the ordinary Tuscan war. Its back- ground of mediaeval manners alone is perenially inter- esting, and as that can be recovered best out of the mouth of contemporaries, or from writers who were sufficiently close to contemporaries to share their sentiments, I shall content myself with following the events at the hand of expressive selections from the chroniclers. f The war of 1207 began with a siege by the Sienese of Montepulciano. To make a diversion the Florentines with their allies the Aretines and Count Guido, who, following the wavering practice of his kind, was now on the Florentine side attacked the castle of Montalto, not far from Asciano. On the 29th of June the Sienese * In his " Road in Tuscany." f Readers interested in the political combinations and military incidents of these wars are referred to the second volume of Davidsohn's "Geschichte von Florenz." They will find there a brilliant, detailed reconstruction of the complicated affairs of Tuscany in the thirteenth century. 162 SIENA came up to the relief of Montalto, and a great battle ensued, of which a Florentine eye-witness has left a curious account. "The Florentines, investing the aforesaid castle, assaulted it with many mangonels, and in order that the garrison might not effect a retreat . . . guards were set round about. On a certain day, however, when the sun shot down hot rays, and the guards wearied by work were resting in the shade . . . behold the Sienese, come to snatch the castle garrison from danger by a sudden stroke. . . . But the Florentines, seizing their arms, rushed upon them and drove them into flight, pursuing them for four miles, not over ways suited for war, but through woods and thickets difficult even for wild beasts. . . . And the tents and the whole equipment of the army was seized, and of knights and foot-soldiers twelve hundred or thereabouts were captured, and very many on both sides were killed. . . . However, I desire not to omit what, though I did not see, by virtue of my being of that expedition I heard, to wit, that the women, coming from afar, with tears, sought the bodies of their husbands, and each in order to find one had to turn many corpses over seeking for her own. They cried aloud, weeping together, and owing to the altered features scarce one recognized her husband. . . . " * That signal defeat obliged the Sienese to desist from attacking Montepulciano and to make peace. They would have to await their opportunity, and the oppor- tunity in the changing circumstances of Tuscany always came. Hear the version of the next encounter as given by the great Florentine chronicler, Villani: "In the year 1229 the Sienese broke the peace with the Floren- tines, because against the articles of peace they laid siege to Monte- pulciano in the month of June of the said year. On which ac- * "Sanzanomis Gesta Florentinorum." Hartwig, "Quellen und Forschun- gen," I, p. 15. THE RIVALRY WITH FLORENCE 163 count in the following September, Messer Giovanni Bottacci being potesta of Florence, the Florentines -led an army against the Sienese and harried the countryside to Pieve Asciata and dis- mantled Montelisciai, one of their castles not three miles from Siena. And the next year, Otto da Mandello of Milan being potesta of Florence, the Florentines led an army against the Sienese on the 3ist of May, and they brought the carroccio with them and, passing by the city of Siena, went to San Quirico a Rosenna and dismantled the baths of Vignone. . . . And returning they laid siege to Siena." * In the matter of the siege itself it occurred in the year 1230 we will give ear to another Florentine, who offers us a fuller account than the grave Villani. The Florentine army lay encamped before the north gate, called Porta Camellia. "And the Sienese making a sally to defend themselves a great battle followed; when the Florentines drove them back, even the women came out to fight, but to no avail, for Count Alberto di Mangona succeeded hi hanging up his shield on the gate" in token of victory! "The slaughter was great and the city was almost completely captured; and if the Florentines had not been moved by compassion they might have destroyed the whole of it with fire and sword. They brought one thousand three hundred and thirty-five prisoners to Florence and, in addition, many beautiful women of Siena, and them they obliged to become the concubines of those who had captured them." f The "compassion" of the Florentines is good, espe- cially in the light of the succeeding item about the captured Sienese women. But to proceed with the war. In 1232 the Sienese at last had their heart's wish; they took Montepulciano and levelled its walls with the * Villani, "Cronica," Libro VI, chap. 6. t "Die sogenannte Chronik des Brunette Latini," Hartwig, II, p. 237. 164 SIENA ground. This success was mitigated by a new harrying of the poor countryside by the Florentines, and in the next year (1233) came another siege, which was unsuc- cessful but must have been a sore trial to the Sienese in more ways than one, for the besiegers "threw many stones into the city from many engines of war, and to do despite and bring shame to the besieged hurled asses over the walls e altra bruttura"* amidst the Homeric laughter of the embattled warriors from Arno, sadly addicted, as we may still learn by a perusal of the gay tales of their countryman, Boccaccio, to beffe and prac- tical jokes. When the Florentines came yet another year in the season of the crops and laid waste the fields and destroyed more than forty castles and settlements, the Sienese at last cried enough. One of their own chroniclers reports the terms of the peace. Of course Montepulciano had to be set free. "And the Sienese rebuilt the walls of Montepulciano which cost them 8,000 florins :"f the walls which they themselves had cast down a bitter morsel for the stiff-necked burghers of the upland town! Montalcino, too, the other apple of discord in the southern district of Siena, had to be given its independence at the bidding of the victorious Florentines. At this juncture we may pause a moment to look into the composition of the forces which engaged in these furious expeditions. We have already heard that the popular army, according to the old Germanic concept of das Folk in Wafjen, was an expressive feature of all the free communes of Tuscany, but we have not attempted * Villani, "Cronica," Libro VI, chap. 10. f Muratori, "Cronica Sanese," ad annum 1235. THE RIVALRY WITH FLORENCE 165 to develop a detailed picture of such a communal host. On the safe assumption that the army of one city was much like that of another, we are justified in drawing upon a remarkable, I may say a unique, military docu- ment, preserved in the Florentine archives. This is the so-called Libro di Montaperti, being nothing less than the administrative records of the Florentine host of 1260, which, on their capture by the Sienese in the terrible rout of that year, were jealously guarded as an invaluable prize through many generations, only to be returned to the Arno city in the sixteenth century, in visible sign of the definite supremacy of the Medicean commonwealth.* With the help of this source, supplemented by the Sien- _,_,,, i - ~ - - . A .L. ^ ,__,_ J . , ,.- ese constitution of 1262,! we can get a very graphic con- cetion of a Florentine, as well as of a Sienese. army of the thirteenth century. To begin with, the communal army was indeed demp- cratic in the fullest sense of the word, for, when war was Declared, all the male inhabitants, from the age of fifteen to the age of seventy, in the city as well as in the county, were obliged to report for service under threat of heavy penalties. Apart from certain inconsiderable bands, detailed for garrison duty, the conscripts formed one large field army, composed, in the case of Siena, of three main divisions corresponding to the three regions or terzi of the town Citta on the south hill, San Martino on the east hill, and Camollia on the north hill. The Florentine host, according to the division of the Arno town into six regions, and not into three as at Siena, was made up of six distinct bodies. Thus every inhab- * "II Libra di Montaperti," Pubblicato per cura di Cesare Paoli, Florence, 1889. f See, for guidance, Introduction, xxxxiv and Ixxxviii. 166 SIENA itant within the walls of our City of the Virgin marched with the men of the terzo in which he dwelt, but as the terzo system was, for the sake of convenience, extended also to the county, which we may conceive as composed of three sectors adjoining the three hills of the town, every county dweller was carried on the army lists either of Citta, of San Martino, or of Camellia. When we have understood that the military forces of San Martino would be normally made up of the city dwellers of the terzo, increased by the inhabitants of that section of the county contiguous to San Martino, and so with Citta and Camellia, we may pass on to the composition of each of the three great fighting corps. Each was divided into milites and pedites, that is, into cavalry and infantry, the enrolment in one or the other of the two services being determined exclusively by wealth. The individual whose lira or property tax reached a certain sum had to keep a horse for the com- mune, and present himself for service with lance, shield, and other accoutrements exactly prescribed, while he whose lira fell below a certain sum served on foot and armed himself according to a humbler requirement. The arms, it will be observed, were in each case fur- nished by the citizen and not by the commune. How- ever, milites and pedites did not exhaust the military categories, for the development of war had favored the formation of certain special troops, composed of picked men drafted from the terzi. Thus we hear of a body of pavesai or shield-bearers, carrying immense bucklers which were tied together for attack and afforded the appearance of a moving wall, of a body of arcadon or long bowmen, and of a company of balestrieri, armed The Palazzo Huonsignori THE RIVALRY WITH FLORENCE 167 with balestre or cross-bows. Among the special arms the cross-bows held the most prominent place, for, when built on a large scale, according to a great variety of patterns, they formed a primitive artillery for hurling stones and arrows, and proved themselves particularly effective in the conduct of a siege. If we add a baggage service of pack-asses, destined to carry the tents and the provisions, we can see that the army, on passing out of the gates, each division under a leader and following a gonfalon or pennon gayly fluttering in the wind, was already far beyond the stage of primitive organization.* But of all the curious and attractive features of a mediaeval host upon the march none would have exercised such fascination upon a spectator of our time as the carroccio. We heard from Villani, the Florentine chronicler, that his countrymen carried the carroccio with them in the campaign of 1230, and it is a fact that no city of mediaeval Italy undertook any action on a large scale without this strange instrument of war. The Florentine historian, although writing in the four- teenth century, when the cafroccio had already fallen into disuse, was sufficiently stirred by antiquarian interest to devote a page of loving description to it. He writes of Florence, but we may safely assume that the Sienese and Pisan and Milanese and every other war-chariot had much the same appearance. "And observe that the carroccio, which the commune and people of Florence took along with them, was a platform on four wheels, painted crimson all over, and it carried two great crimson * For an excellent article on the mobilization of a mediaeval army see Hartwig, "Quellen und Forschungen," II, p. 297 ff. This may be supple- mented by comparison with Davidsohn, "Geschichte v. F.," II ', p. 413 ff. 168 SIENA masts from which waved the great standard of the commune, con- sisting of one white and one crimson bar and yet to be seen in San Giovanni. And the carroccio was drawn by a magnificent pair of oxen, covered with crimson hangings and reserved expressly for this service . . . and their driver enjoyed freedom of taxation in the city. And when an expedition was proclaimed the nobles and knights of the neighborhood drew forth the car of state from the Opera of San Giovanni and brought it to the New Market. . . . And the best and strongest and worthiest foot-soldiers were appointed as its special guard and the whole people were wont to collect about it." * As far as the carroccio had a practical purpose, it served, as Villani's statement indicates, as a rallying- point for the infantry, but rather than a factor of military usefulness it was an agent of pomp and patriotism, and as such became the object of an almost religious venera- tion on the part of the citizens. For this reason to lose the carroccio was an intolerable disgrace, and for this reason the Florentines at Montaperti, as we shall pres- ently see, died around it in the same devoted spirit in which crusaders perished fighting for the Holy Sepulchre. As we approach the middle of the thirteenth century we observe that the local issue between Florence and Siena becomes bound up more inextricably than ever with the ancient quarrel between papacy and empire. Toward the end of thej-gign of Frederick IJ, that ex- lj^was_a_prophecy of __ the modern world, the relations of this sovereign with the * Villani, "Cronica," Libro VI, chap. 76. Interesting additions and cor- rections of Villani's description in Davidsohn, pp. 691-92. Siena preserves an interesting relic of its carroccio in the two tall, age-browned poles to be seen in the cathedral, clamped against the piers of the cupola. These poles once served as the masts which crowned the Sienese carroccio, and from them waved proudly the standards of the city. THE RIVALRY WITH FLORENCE 169 pope became embittered to the point of irreconcilability, witrTtrVe consequence that the quarrel of the two heads of society wasT reflected in every Italian town in fresh and ever more ferocious broils between Guelphs and Ghibellines. In Florence, in the year 1248, the Ghibel- lines, encourage3^Kv^rederickTiirnseTf7^rove out tfce Guelphs, but in 1251, after the death of Frederick, the Guelphs acquiFed the ascendency and drove out the GhiEellines. As soon as these (jhibelllne exiles allied themselves with Ghibelline Siena, which they straight- way proceeded to do, the occasion was supplied for another war. It broke out in 1251, led to fresh Floren- tine victories, and ended (1254) ignominiously for Siena by a renewed recognition of the independence of the coveted Montepulciano and Montalcino. Owing to the temporary elimination of the empire from the affairs of Italy, Siena felt so completely crushed that she presently (1255) joined with Florence in what in the grotesque jargon of the jurists was called "an eternal league of love." In addition to the pledge to support one another in the case of war, each city agreed neither to receive within its walls nor to shelter in its district tlnefuorusciti, that is, the rebels of the other. Here was what, on the surface at least, looked like unexampled harmony between the ancient rivals, but it was rendered vain by the fact that it was not the result of free choice but of victory and defeat. The test of the genuineness of the new friendship came soon enough. In the year 1258 the Florentine Ghibellines who, as happened often enough, had been temporarily recon- ciled to their Guelph opponents, grew restive. They entertained hopes associated with a Hohenstaufen 170 SIENA revival, of which we shall presently hear, plotted unsuc- cessfully against their city, and, finally, in order to save their lives, decided on a general exodus. At the head of the Florentine Ghibellines was the Uberti family, of which the leading member was Manente, known as Farinata. He, together with many relatives and friends, made his way to Siena, and, contrary to solemn treaty obligations, was eagerly made welcome. There- with another casus belli was at hand. The Farinata degli Uberti, who in clanking armor rode into Siena with indignation against his native city smouldering like a live coal in his heart, was the same person whom Dante, meeting in Hell, has limned for us with his un- erring stroke: he rose from his pit of flame, says the admiring poet, with an action "come avesse lo inferno in gran dis petto" What a man to know more of, if only the documents were not silent or almost silent con- cerning him! The new war led to Montaperti and its glories. Hitherto for a period of one hundred and fifty years the Sienese had been almost uninterruptedly beaten. It was with them as with the Celts of whom a countryman once tragically said: "they went forth to war, but they always fell." And now Time brought its revenge. Before taking up the story of Montaperti * we must cast a glance at the general politics of Italy as they had developed after the deatk, in the year 1250, of Emperor Frederick II. With the withdrawal of his hand from the helm, the fortunes of the empire had sunk very low, * On the campaign culminating in Montaperti consult Paoli, "La Bat- taglia di Montaperti"; Langton Douglas, "A History of Siena," chap. VII; and Davidsohn, "Geschichte von F.," II ', p. 460 ff. THE RIVALRY WITH FLORENCE 171 and the church party might reasonably flatter itself that its cause had triumphed. However, the dynasty of the Hohenstaufen still survived, its main representative being Frederick's acknowledged heir, Conrad, whom the sovereign, even in his lifetime, had established in Germany to rule that country in his name. Shortly after the death of his father Conrad came across the Alps to assume his Italian heritage of Sicily, but had hardly received the crown when he died (1254). Even this premature death did not dispose of the family, for Conrad, on leaving Germany, had left behind a son and heir, known to fame as Conradin. For the present certainly, this lad, being still confined to the nursery, was eliminated from the situation, and victorous Rome was the undisputed mistress of the peninsula. So at least thought the pope, making his reckoning without another son of the great Frederick, Manfred, who was treated as a negligible branch of the imperial tree, because he had been born to the emperor out of wedlock. On the death of Conrad, Manfred, his younger half- brother, full of the pride of race, seized the Sicilian crown for himself, drove the papal agents, who had come to claim the prize, from his dominion, and by his bril- liant successes against the forces of the pope, stimulated the depressed Ghibellines throughout Italy to new life. Without Manfred's unexpected triumphs it is not likely that the Florentine Ghibellines would have plotted against their city, or that Siena would have affronted Florence by receiving, contrary to treaty, Farinata and the other exiles within her walls. That act declared as plain as words that the City of the Virgin, rising from its disgrace, again assumed the championship of 172 SIENA Ghibellinism in Tuscany, and, putting its reliance in Manfred and his mounting fortunes, was ready once more to try conclusions with its Arno rival. To so bold a provocation Florence could respond only with war. The year 1230, was largely spent in preparations. The earlier wars, as we have seen, had rarely been re^trictedl^^ejialaDxLJikar^ncey^a^ many neighbors wj^pr_without_th_eir iconsent, had heeri^sudcedinto^the maelstrom. The present war, more than any ofits pred- ecessors, affected all Tuscany, for the papacy and the empire were involved, and with them every petty -i i .I _______ ,- ------ ------ ^ i i ^^^ Guelph and Ghibelline partisan. Florence could declare tl\at she was fighting nnf nply for kerself^hiit i L r Q- - -*9 ~ y i L r great cause of the church. By such an appeal she suc- ceeded in cementing a league of Tuscan Guelphs, which included the chief cities of the province, for Tuscany at this time, owing to the continued success of the church, had almost entirely gone over to the victorious side. Even Pisa, traditionally attached to the empire, seems to Jiave^ remained neutral on this occasion, owing to a cloud of distrust which had arisen between it and Manfred.^ Thus Siena stood, to all intents, alone. Triumphant Florence, not satisfied with the preponder- ance secured by her many Guelph alliances, did not fail to make her usual appeal to the insidious agent, treason. She incited Montalcino and Montepulciano to make common cause with her, and successfully encouraged Grosseto and the whole Maremma region to rise in rebellion. Caught between the army of the Guelphs and the disturbances in her own house, Siena's doom seemed at hand. In these straits she turned eagerly to King Manfred. The Palazzo Tolomei THE RIVALRY WITH FLORENCE 173 Was she not fighting his battle and that of the Ghibelline cause ? Would he permit the one strong pillar of his throne in central Italy to be broken ? In May, 1259, King Manfred and Siena entered into a league, by which the young sovereign, in return for the oath of fealty and obedience, took Siena under his protection. In sign of good faith he sent northward, with a small troop of German men-at-arms, his near relative, an experienced warrior and a man of parts, Giordano, Count of San Severino. In December Giordano rode through the gate of Siena amidst the cheers of the citizens. Elated by this evidence of the king's good will, the Sienese im- mediately ordered an expedition against rebellious Grosseto, and in February, 1260, after a short siege, once more took the troublesome coast town in posses- sion. They had followed up this success by laying siege to Montemassi, another rebel town of the Marem- ma, when they received the news that the Guelph army had set out from Florence. The campaign had opened in earnest. On April 19, the Florentines with the carroccio in their midst, and attended by allies who swelled the total number of the army to thirty thousand men, marched by the Elsa valley to meet the enemy. Two courses were open to them : either to proceed to the Maremma to support the rebellion there, or to strike straight at Siena herself. Unable to make up their minds swiftly, they let the favorable moment pass and turned against Siena when it was too late to take the city by surprise. On May 17, they appeared before the Porta Camollia only to find the gate barred and the Sienese ready to receive them. The very next day a small company of 174 SIENA Giordano's Germans made a sudden sortie, carrying all before them until they came upon the bulk of the Florentine army, which succeeded in repulsing them and in capturing one of their banners. The jubilant Floren- tines gave vent to their animosity by dragging the royal standard through the mud of the highway. Still the valor of the enemy must have made a deep impression on them, for they immediately withdrew to a safe dis- tance, raised the siege, if siege it may be called, and before the end of May were once more safe at home. Their triumphal entrance into Florence with Manfred's captured banner flattered the love of "pompa e gran- digia" characteristic of the age, but hardly concealed the fact of the substantial failure of the expedition. The first engagement of the year was over. If the Sienese had won no decisive success in the recent campaign they had at least gained time. And time, in view of the double task upon their hands of foreign war and local insurrections, was everything. At this auspicious moment, spreading encouragement and arousing an immense enthusiasm, additional German men-at-arms arrived in the city, sent by Man- fred and conducted to Tuscany by that valiant Sienese, Provenzano Salvani, whose energy and courage made him the natural leader of his countrymen in the hour of peril. Accordingly the people resolved to improve the lull in the war with Florence by renewed measures against the rebels of the contado. Great in those summer months was the Sienese activity, and great, too, the Sienese success. Not only did the citizens once more reduce the Maremma to obedience, but they subjected the fields about Montepulciano to an awful THE RIVALRY WITH FLORENCE 175 harrying by means of an expedition, equipped, we hear, with one thousand new sickles to be tried upon the standing corn, and their energy spread such terror that they actually broke, in the month of July, the resistance of the town. To this long chain of triumphs it remained only to add the capture of the passionately desired and passionately hated Montalcino. In the course of the summer the hill-town was subjected to a vigorous siege. It was the news that this stronghold was about to fall* that stirred the Florentines to take the field once more. Toward the end of August they left their city, resolved to relieve and reprovision threatened Montal- cino. As their way would take them past Siena, some of the more sanguine leaders doubtless hoped to frighten the enemy into submission by a show of numbers, for well-equipped contingents from Prato, Lucca, Volterra, Arezzo, Colle, San Gimignano, and even distant Bologna, swelled the army of the Floren- tines, as it poured out of the gates, while troops from Orvieto and Perugia joined it on the march. A second time within five months all Tuscany, ranked and in- vincible, a host composed of probably no less than seventy thousand fighting men, came sweeping down upon Siena. This time the Florentines took the shorter route, not marching by the Elsa valley as in the spring, but follow- ing the Val di Pesa across the Chianti range, and on September 2 were at Pieve Asciata with many- towered Siena full in sight on its high ridge, covered with green vineyards interspersed with rows of silvery * Hartwig, "Quellen und Forschungen," II, p. 309, is very convincing on this point. 176 SIENA olives. Their exultation was immense, the victory in their eyes as good as won. Only this profound assur- ance can explain the course which they now followed, for they dispatched two ambassadors to Siena to demand in insolent terms the immediate surrender of the town, and then moving leisurely across the Arbia, they pitched camp on a plain called le Cortine, and awaited the re- turn of their messengers. The plain was at the foot of a barren range of chalk hills, which bore the name of Monteselvoli and looked across the valley of the Arbia to Siena. There we will leave them while we follow their ambassadors into the city. On arriving in the town the Florentine spokesmen were led before the Twenty-four, the governors of the city, and haughtily presented their message. In the name of their countrymen they commanded that the walls be torn down in several places, in order that the Florentines might enter the city wherever they pleased, and, further, they continued, "we desire to put a com- mission in every terzo of Siena and to erect a fortress in Camporeggi . . . ; and with regard to these mat- ters we desire an answer, which not being satisfac- tory, our army shall fall upon you with the greatest cruelty."* Having dismissed the insolent envoys with a dignified response, the Sienese governors began feverish preparations of defense, encouraged at every step by the splendid spirit shown by Giordano, King Manfred's * My quotations on Montaperti are from two Sienese chronicles published by Porri in his "Miscellanea Storica Sanese," in 1844. The first goes under the name of Domenico Aldobrandini ; the second under that of Niccolo Ventura. They are both of the fifteenth century and are patently elabora- tions of an earlier lost original, probably contemporary or almost contempo- rary with Montaperti THE RIVALRY WITH FLORENCE 177 vicar, and his tried corps of eight hundred German men-at-arms. A pressing need was money. But the call for a loan had hardly gone forth when up rose in the Council Salimbene Salimbeni and made offer of the whole sum wanted 118,000 gold florins. Salimbene was at the head of one of the greatest of the Sienese merchant companies, which thus demonstrated in his person that money had not destroyed their patriotism nor undermined their courage. "And immediately the said Salimbene went to his palace for the money and put it in a cart covered with crimson cloth and decked with branches of olive, and so brought the money to San Cristofano,"* where the Twenty-four were in session. Financial provision thus made and the Germans heart- ened with double pay, the rulers appointed Buonaguida Lucari as syndic with full powers. And he, seized with a sudden inspiration, addressed himself to the vast concourse which had gathered in the piazza before the church, inviting his fellow-citizens to attend him in a procession to the duomo, in order to deliver the city, in its hour of need, into the keeping of the Virgin Mary. How Buonaguida stripped himself to his shirt and with his girdle round his neck, like a halter, and, followed by the whole town crying misericordia, misericordia, made his way to the cathedral, and how the bishop and clergy received him at the high altar, and how the act of dedi- cation was effected, we have followed in another con- nection. "And they made peace with one another, and he who had been most offended sought out his enemy to make peace with him."f And thus passed Thursday the second of September. * "Ventura," p. 39. t "Ventura," p. 45. 178 SIENA Early the next morning the Twenty-four sent three heralds, one to each terzo, who ordered the army of citizens straight to make ready. Then every man joined his company, and the companies gathered ac- cording to terzi, as was the custom, and presently the host marched out of the gate of Santo Viene, first the terzo of San Martino under its banner, then the terzo of Citta under its banner, and finally, the terzo of Camellia under its ancient standard of pure white; and this, says the chronicler, "gave much comfort, for it seemed like the mantle of the Virgin Mary." Thus passed the general muster of the Sienese strengthened by a few allies, such as King Manfred's Germans, Count Aldobrandino of the powerful Maremma family, who at Giordano's solicitation had joined the ranks of the Ghibellines, and Farinata with the Florentine exiles. As no city of any importance had sided with Siena, the Ghibelline host could hardly have exceeded twenty thousand horse and foot, leaving it numerically in con- siderable inferiority to the army of the Guelphs. The leader of the citizen forces was probably, according to the terms of the constitution, the potesta, one Francesco Troghisio, who owed his appointment to King Manfred, although, curiously enough, the chronicles agree in committing the chief command of the Sienese to Count Aldobrandino, hardly to be styled a consistent friend of the commune.* As commander-in-chief of the whole host of Ghibellines figured, of course, King Manfred's vicar in Tuscany, the valiant Count Giordano. * According to a theory, defended by Hartwig, II, p. 310, the potesta was not in command at Montaperti, because with another section of the Sienese army he was conducting the f plnrpnrp, oypr the empire. Siena's ally. The success of Florence was secured -.1 .. .I L . f^^ -.r-i-f .--. in--- - ... -..!-..,-.-. .-..- m _-. -_-- - __ _-. .- -_.._. ! primarily by her economic advantages, buttressed and affirmed by~the haH, inflexible, and yet adventurous temper of her citizens. Siena went down under a decree THE RIVALRY WITH FLORENCE 191 of fate, but she went down heroically in company with the_empire ancTtKe~Rohenstaiifen, in whose compelling tragedy her name shines out with the immortal candor attaching to fidelity and sacrifice. CHAPTER VII THE CIVIL STRUGGLE OF THE FOURTEENTH CENTURY: THE NINE, THE TWELVE, AND THE REFORMERS WE have seen that the fall of the great Ghibelline 'family, the Hohenstaufen, brought_wjtli.it the ovefthrow^or~Ghihel1inism jtselT Colle, the special blow levelled at Tuscan Ghibellinism, was the inevitable consequence of Beneventum and Taglia- cozzo. After the defeat of 1269 Siena was obliged to become Guelph if she would continue to exist, but the transition was an uneasy and bitter experience. The most numerous faction of her nobility, by virtue of long association and feudal prejudices, held Ghibelline con- victions, and the common people, too, inclined to the imperial side, from sentiments deriving from such war- like memories as Montaperti, but chiefly from the ancient and ineradicable hatred of Guelph Florence. For these reasons Siena was a long time settling down to a steady Guelph policy. The Ghibelline and Guelph factions among the nobility vented their spite on one another in murders attended by the usual confiscations and banish- ments until the city and contado were reduced to a state of chronic disorder. This confused situation at last obliged the mezza gente, the trading middle class, to assert itself. Having reached the conclusion that the 192 THE CIVIL STRUGGLE 193 conditions necessary for the successful prosecution of business could be secured only by a sincere adhesion to the Guelph party, these people had adopted Guelph views. They waited with some patience for the nobility to adjust itself to the new situation, but when the feuds of the great families imperilled the whole social structure they undertook to act without further delay. In the year 1277, as we noted in a previous chapter, they de- clared the grandi ineligible to office, reserving all the state dignities to themselves. By concentrating the power in their own hands they hoped to be able to over- awe the nobility and secure peace. For a time there was a fluctuation in the number of men on the committee entrusted by the victors with the executive power, but the choice settled at last upon nine. Although the mezza gente was really in control from the time when the exclusion bill against the nobility went into force, the regular and continuous rule of I Nove Governatori e Difenditorl del Comune e del Popolo di Siena dates from the year 1292. Before following the incidents connected with their long reign we must scrutinize more closely the foundation of their power. We know that the main political struggle of the thir- teenth century, the century which closed with the tri- umph of the Nine, had Iain between the nobility, origin- ally in possession of the power, and a party of the people^ organized expressly for the conquest of the commune; and we know further that with each decade the nobility had been shut within more and more narrow limits, while the influence of the people had grown in propor- tion as their enemies had declined. The exclusion of 194 SIENA the nobility, therefore, in 1277 from political honors, bore to a certain extent the character of a logical evolu- tion, and logical, too, we are ready to declare, would have been a democratic regime conducted by the whole people. However, the facts do not accord with this last deduction, for with the fall of the grandi not the people, but only a section of the people, harvested the fruits of victory. The reason is not far to seek. The people's party societas populi which challenged the nobility, beginning approximately with the year 1213, was a union of the local military companies, each of which corresponded in the main to a ward or contrada of the city. Thus the people's party was in effect the Sienese army of pedites or foot-soldiers, but though in many respects a vigorous body, it was, in those days of great material poverty and small political experience, inevitably manipulated by its leading citizens, the well- to-do members of the guilds. In the turbulent times following the Ghibelline disaster at Colle the rich popo- lani stepped forward, and favored by the party which had been behind them for half a century, seized the reins of power. Then, enthroned on high, they forgot the ladder by which they had mounted. An act of re- volting ingratitude if you will, but not without a parallel in the history of other nations, ancient and modern, and particularly characteristic of the young Italian republics. The mediaeval city was, as we have seen, an agglomera- tion of diverse groups, which had formed a commune or state in the correct recognition of growing common interests. They had formed this commune hesitatingly, moving cautiously among a host of long-standing rivalries and new-born jealousies, but, the commune THE CIVIL STRUGGLE 195 once formed, each constituent group strove to acquire as large a share in the new creation as possible. The nobles, a social group determined by wealth and birth, appropriated the commune first, until dispossessed by the gradual encroachment of the people. But the peo- ple themselves, far from being homogeneous in the sense of a modern citizen body, were composed of diverse grousand factions, each older than the commune and commanding a ready and profound allegiance: such groups were, with respect~to~the church, the parishes: witTf respect to the army ,~ the military companies; and wjth_jresrjecrito^mdustry ancl commefce, the arti or guilds. These last, the guilds, were of all the various groups among the people the most powerful and most enterprising, and of their number the great merchant guild, together with the one industrial union of any consequence, the wool guild, held an easy preemi- nence. These men, merchants and manufacturers, the mezza gente as they called themselves, deliber- ately seized the government under the circumstances which we have traced, and with the exclusive spirit of the age, converted the offices into a private monop- oly. Not only the nobles but the professional classes of lawyers and doctors, as well as such petty guilds- men as butchers, bakers, barbers, and carpenters, and, of course, the proletariat of the day-laborers, were declared ineligible to rule Siena. The men with money to lend and notes to discount, constituting the capitalist class, calmly affirmed that the com- mune, the eternal object of contending ambitions, was theirs. Listen to what the victors have to say on this matter 196 SIENA of eligibility in the new constitution * which they im- posed on the state. Under the heading, Of Them Who May Be Of The Nine, we read: "Also, that the Signori Nove . . . should and must belong to the merchants of the city of Siena, that is, to the middle class. "f And to define this middle class we read in the next article: "Also, it is decreed and ordered that no nobleman of the city of Siena, nor any knight, nor any judge, nor any notary, nor any physician of the city or district may be of the number of the Signori Nove."J And still another article declared that all Ghibellines shall be excluded from the supreme magistracy. In view of which statutory provisions a profound student arrives at the following summary conclusion: "The leaders of the wool-guild, a few rich members of the other guilds: such in all probability were the collaborators of the powerful merchants, who suffered no other guild to be represented in the government."^ In their uncontrolled greed of power the merchants did not hesitate to discard the whole theoretical basis of the early commune. We have seen that the sovereignty, which originally rested, at least in theory, with the people * The Constitution of 1309-10, a document which rivals in importance the Constitution of 1262, has been published by the Archivio di Stato in Siena (" II Costituto del Comune di Siena." Volgarizzato nel MCCCIX-MCCCX, Siena, 1903). Just as the Constitution of 1262 unfolds the picture of the state under the Twenty-four, that of 1309-10 conveys a full knowledge of the political, social, and judicial conditions under the Nine. A part of this con- stitution, accompanied with sound observations, has also been published by Luchaire under the name, "Le statut des neuf gouverneurs et defenseurs de la commune de Sienne; Extrait des Melanges d'Archeologie et d'His- toire publics par PEcole fran9aise de Rome," T. xxi. Consult also the same author's "Documenti per la Storia dei Rivolgimenti Politici del Comune di Siena dal 1354 al 1369." f'Distinctio," VI, 5. J "Dist.," VI, 6. "Dist.," VI, 7. U Luchaire, "Documenti," etc., p. XXI. THE CIVIL STRUGGLE 197 assembled in parliament, was with the advance of the consular regime centred in the General Council, called the Council of the Bell. The Council of the Bell not only made the laws, but elected the officials of the state, and subjected them to its control. Such powers in a numerous body and, because of its numbers, difficult to control, were far from suiting the merchants: they vested the sovereignty in the Nine, another way, of course, of vesting it in themselves. To preserve equal- ity among their number and keep the authority in circu- lation they limited the term of service of the Nine to two months. Examine carefully these prerogatives which appear from a perusal of the constitution: the Nine named their own successors; they appointed all the leading officials of the state; their resolutions were law; the potesta and captain were obliged to carry out their orders; they elected the members of the General Council, suffering naturally only partisans; and, finally, they appointed the officers (sworn Guelphs and clients!) of the military companies. Was it possible to carry the principle of political exclusiveness further ? And do not the enumerated privileges create a magistracy of prac- tically absolute power ? The only possible conclusion, in the face of such functions as the above, is that the Nine constituted what we may call a distributed tyranny. In spite of the delusive drapery of certain persisting popular forms, as, for example, the Council of the Bell, we recognize in this constitution that prin- ciple of government which, in the more concise and evolved form of the power of a single man, under- mined the democracy of all the free communes of Italy and established its throne on their ruin: a 198 SIENA deeply regrettable development, as Sismondi and other generous hearts have declared in moving tones; but, what is more to the point, in an objective analysis of Italian society, an inevitable development under the group system of the Middle Age. As long as an association or a league of associations aimed at a monopoly of the state to the exclusion of all others, there was bound to be war to the knife, and of this social war with its tyranny of fluctuating groups the only possible solution was the military tyranny of One. The merchants reaped j^s t hey had sown. They were strongly intrenched in power, they were watchful as Argus, but they could not escape the common lot of oligarchs. Conspiracy followed conspiracy, chiefly among the nobles and the more enterprising of the ex- cluded guilds. However, though repression became one of the constant preoccupations of the merchants, they did not fail to engage in constructive activities also. They constituted, when all is said, the wealthiest and most progressive element in the city, and tirelessly busied themselves, and with notable success, in prob- lems of public improvement. To these and other factors, which piece together the historical picture of the period of the Nine, I shall now give attention, draw- ing as far as possible, for purposes of illustration, upon the pages of the Sienese chronicles and, especially, upon that fascinating narrative, ascribed to Andrea Dei and Agnolo di Tura.* First of all, I shall take up the relations entertained by the Nine with the empire, and, more particularly, with their neighbors of Tuscany and with Florence. * Muratori, "Scriptores," XV. "Cronica Sanese." THE CIVIL STRUGGLE 199 Almost everything in this connection is said when I repeat ^hf^the^ Nine were Guelphs, and that the Guelph faith was a fundamental feature of their policy. Therefore, under their_rule jiena was ofrlcialiy a link which, with other linksjike Florence, Lucca, Colle anJ the rest, made a chain binding Tuscany to the church. This polite view of the character of the Guelph League as an organization founded to support religion and the pope, while saving the susceptibilities of the members, did not alter the fact that the alliance was really a crea- tion of Florence, and as such served specific Florentine ends. About the same time that the Nine assumed the power of Siena, the mezza gente or great merchants had taken possession of the offices in Florence, thus proving a certain general resemblance in the social conditions of the two towns. But this partial identity did not keep differences from announcing themselves which sprang largely from opportunity and national temper. As if it were not enough that the conditions of mediaeval trade gave the Arno valley a natural and assured preeminence in central Italy, the Sienese grew timid at the very moment when the Florentines unfolded a splendid audacity. Above all, the sons of the Red Lily followed tenaciously the immemorial policy of commercial cap- tains: their sleeping and their waking thoughts were concerned with the conquest of new markets. Pos- sessed of this spirit it is small wonder that they manipu- lated the Guelph League for their own purposes, practically dictating the Sienese foreign policy and dis^ posing of the Sienese military forces as if they were their owrL It this was a tnHe humiliating, the Nine might consider that they received compensation in the form 200 SIENA of political security, for, while Siena was united with Florence, the merchants of the Arno city would not only cease annoying Siena in her contado, but would lend a helping hand to keep such invaluable allies as the Nine in the seat of power against the attack of nobles and every other kind of domestic conspirator. The rule of the Nine gives at every point the impression of a government satisfied with a strictly circumscribed and local independence, purchased at the price of the surrender of its foreign policy into the hands of a powerful protector. Let us follow, to bring this atti- tude home, the conduct of the Nine when, after more than fifty years, an emperor once more appeared in Italy. In 1310 Henry VII descended the Alps, hailed as a Messiah by the poor remnant of the Ghibellines, dis- persed, like the race of the Jews, by defeat and misfor- tune. His John the Baptist, who went before him, was, as everybody knows, the great Dante Alighieri. Here was an opportunity, a perilous one, of course, but such as individuals and nations of mettle have run to meet. The Twenty-four who ruled Siena back in the days of Monaperti took a much graver risk when they made alliance with King Manfred. The Nine by seizing Henry's proffered hand would have immediately become the pivot of Tuscany, and Siena the head of a league, the main object of which must inevitably have been the overthrow of Florence. Instead, the rulers chose the safe course. When Henry, in the year 1312, laid siege to Florence, they dispatched military aid to their Guelph friend, and, if we are to believe the chronicler, saved Florence from the emperor's clutches.* The next year * Muratori, XV, 48, A. THE CIVIL STRUGGLE 201 (1313) Henry passed by Siena on the way south, but the Sienese locked their gates and manned their walls. Matters standing thus, death took a hand in the game. At Buonconvento, sixteen miles from Siena, the em- peror, after a short illness, departed this life to enter, as all good Ghibellines believed, straightway and without the need of purgatorial penance, into the joys of paradise. The simple-minded chronicler, exhibiting as usual no sign of emotion, gives a succinct account of the emperor's coming. If the government was Guelph, none the less, in this old Ghibelline stronghold, throb- bing with Ghibelline memories, there must have been a great deal of imperial sentiment abroad. Why else did the Nine, just as Henry was expected, "begin to get the chains ready," as the chronicler dryly notes ? This military device, aimed at the domestic enemy, consisted of iron chains, which could on short notice be swung across the main thoroughfares, thus hindering the concentration of forces and, above all, the charge of horsemen. The rivets to which the chains were at- tached can still be seen at many places through the city.* As Henry swept by, the agitated inhabitants crowded towers, walls, and points of vantage, and surely in that throng many hearts shaped silent prayers for his success. "He left Pisa on the eighth of August with a large and excellent cavalry . . . and on the fourteenth approached Siena on the side of Porta Santo Viene. And his people burnt many houses and did much damage. . . . On the twenty-second of August, being Wednesday, the emperor fell ill. He left Stigliano while he was still ill and moved to Buonconvento; and on Friday, August * For some interesting notices about these chains, see "Miscellanea Stor, San.," IV, p. io& 202 SIENA twenty-fourth, on St. Bartholomew's day, in the church of Buon- convento, the emperor died; and on Saturday his army broke camp and returned to Pisa with the body of the emperor, and there he was buried with great honor." * Following Henry's failure and tragic end the empire counted for less than ever in the affairs of Tuscany, but the troubles of the harassed province did not on that account cease. New conflicts constantly made their appearance, caused largely by the Florentine ambition to rule and the inevitable resistances which that ambi- tion aroused. Daring leaders, Uguccione della Faggi- uola, lord of Pisa, Castruccio Castracane, tyrant of Lucca, administered stinging defeats to the purse- proud burghers of the city of the Lily, but no amount of encouragement could induce the government of the Nine to abandon their political reserve or to be drawn from their allegiance to their city's dearest foe. In every expedition which Florence organized, naturally after loud beating of the Guelph drums, a Sienese troop took part and was duly butchered pour les beaux yeux of her Arno neighbor. Of course some small returns the Nine could reasonably ask for such exemplary devo- tion, and some, too, they received not only in the form of the support of the Guelph League against internal foes, but also in the privilege, certainly not inconsider- able, of consolidating and even extending their power in the Sienese contado. The rule of the Nine in the contado has many points of interest. However, as I shall unfold the fortunes of the contado in the following chapter, it must suffice me here to point out some of the more obvious difficulties * Muratori, XV, 48. THE CIVIL STRUGGLE 203 which the government encountered in the country-side. Although Florence, allied with the Nine, no longer intrigued with the subject towns to persuade them to rise in rebellion, the situation around Siena was any- thing but tranquil. The spirit of independence died hard, and Grosseto, Montepulciano, and Montemassi to name only some of the more important points re- volted many times and had as often to be put down. Besides, with Tuscany in disturbance from such wars as those associated with the names of Uguccione and Castruccio, Siena could not hope to be entirely spared from provincial broils, and was frequently alarmed and harried by incursions into her territory. Then there were the city-nobles, sworn enemies of the merchants who had reduced them to political nullity; on slight provocation, and, often on no provocation at all, they raised the flag of insurrection on one or another of their moated castles, and before they could be brought to terms many troops had been mobilized and much money spent. On the other hand, the original feudal nobility made, with one exception, little trouble, for the progress of time had practically wiped this class out of existence. In the southern districts, in the region of Monte Amiata, the Aldobrandeschi still held their own, but in a number of wars waged against them by the Nine, they were signally defeated and obliged to renew all the old treaties of dependence while offering, in addition, the outright cession of numerous lands and castles.* Plainly the proud house was in unarrested decay. It would seem * Not counting the minor conflicts, in the nature of border raids, there were two real wars waged between Siena and the Aldobrandeschi in the time of the Nine, the first in 1299-1300, the second in 1331. See Muratori, XV, ad annum. 204 SIENA that this truth was not hidden from some of the members of the family itself, for of Count Jacomo of Santa Fiora, who died in 1346, we hear that he left the commune of Siena heir of all his goods. Is not such a testament the sign of a complete discouragement ? And is not this view confirmed by what the chronicler adds in explana- tion of Jacomo's unusual act ? "And this he did," we read, "because he said that what he had, or the greater part thereof, he had seized and stolen in the contado of Siena." * A baron of ancient lineage regretting a little violence and eager to restore ill-gotten goods ! Beyond the peradventure of a doubt, the feudal character was passing with the feudal system. Overshadowing every other question and interest attaching to the rule of the Nine, is the story of their relations to their political enemies within the city. When we recall that the merchants established an ruled at the expense of the nobiity and _the common people, we can form an immediate conception^ of their difficulties. The elements with a grievance would tend to coalesce, and in those violent days would balk at nothing in order to discrown their tyrants. It was well for the Nine that they kept their hand on the local militia by reserving to themselves the appointment of the officers. Their continued uneasi- ness, in spite of this prudent measure, is proved by their employment of a special palace guard which, from 1320 on, was under a foreign commander, the capitano di provided with extraordinary powers for the *Muratori, XV, 114, C. f On this official, who betrays the system of force built up by the Nine, see Luchaire, "Documenti," p. L. THE CIVIL STRUGGLE 205 detection and punishment of political crimes. A special palace guard! This touch was needed to es- tablish an unmistakable analogy between this re- publican magistracy and such avowed tyrants as the Visconti and the Scala, who at this very time had succeeded in enthroning themselves, with the aid of hireling soldiers, on the buried liberties of Milan and Verona. In addition to minor tumults, more or less dangerous to the government, the chronicles report three serious conspiracies aimed against the Nine, each one of which composes an admirably clear picture of the local situa- tion. We have seen that things could not have been entirely satisfactory in the year 1313, when the nearness of Henry VII moved the Nine to serve warning to pro- spective rioters by closing the streets with chains. The open outbreak of 1318 could not have been, there- fore, wholly unexpected. The chronicle of Andrea Dei gives the following account of it : "At this time some of the Tolomei and other grandi of Siena . . . made a league and conspiracy with the notaries and butchers and other guildsmen to break and overthrow the office of the Sig- nori Nove and to seize the signiory themselves. "And on the night of Thursday, October 25th, being the eve of Saints Simon and Jude, they gathered on the Campo at the mouth of the Casato" (the aristocratic street, where many nobles dwelt), "accompanied by a small number of foot-soldiers, and raised the cry: Death to the Nine. And among them were certain notaries and butchers and other common people (popolari minuti) of Siena, and they engaged in battle with the forces of the Nine, drawn up before their palace to the number of one hundred foot- soldiers. . . . And the notaries and butchers and other conspira- tors expected that the Tolomei and the other nobles, who were 206 SIENA parties to the said conspiracy, would come to the Campo with their retainers, but they came not. ... On account of which those who had engaged in this enterprise were broken by the guard of the commune and driven from the Campo." * The failure was followed by numerous confiscations, executions, and that most puerile measure of political revenge, unhappily practised by all of the Italian cities, the destruction of the houses of the defeated opponents. All which severity did not put an end to resistance. In 1324 there was an attempt which, in its leading features, presents a close parallel to the conspiracy just described. The Nine were too strong and too watchful; they killed the movement in the bud, with the result that they did not have to face another grave local peril till the year 1346. Of this outbreak we read as follows in the chronicle: f "On Sunday, August i3th, a rumor went through Siena of a league made by certain common people (popolari minuti) who elected as their captain Spinelloccio, son of Misser Jacomo di Misser Meo Tavena de' Tolomei" (always a Tolomei in these enterprises !).... "And certain of the said conspirators raised a clamor and pro- ceded to the house of Berto di Lotto, who was giving a feast for some strangers and citizens, among the latter, Giovanni di Ghezzo Foscherani. And while Giovanni was washing his hands, some of the conspirators, among whom was a certain Simone of Volterra, attacked him with knives, and Simone struck Giovanni several blows and ran away, raising the cry through the quarter of Ovile " (the poorest quarter of the town and the most crowded) : '"Long live the people and death to those who are starving us (e muoia chi ci a/ama)'; for in that year there was a great famine of grain. *Muratori, XV, 60, D. f Muratori, XV, 115. THE CIVIL STRUGGLE 207 "At this juncture a son of the above Giovanni, whose name was Meo, seeing his father wounded, hurried home, and, seizing his sword, ran like a madman after Simone with intent to avenge the outrage. On him, too, Simone threw himself with his knife and wounded him in several places; and finally he killed Meo, son of Giovanni de' Foscherani. Whereupon the said Simone escaped without let or hindrance . . . and fleeing and shouting ever: 'Long live the people and the guilds, and death to them who are starving us,' without the least interference, passed through the gate and vanished into safety. "For which reason the city was filled with suspicion. And the Nine sent into many directions for aid, and from Florence, Pistoia, San Gimignano, Colle, Montepulciano, Montalcino, and our contado a great quantity of horse and foot poured into Siena and guarded the city many days. ..." Observe how the brothers of the Guelph League stood shoulder to shoulder, and how Florence was pre- pared to be at some trouble to keep so useful an ally as the Nine in power. Simone murdering oligarchs in the streets, with everybody apparently standing by with folded arms, was a phenomenon calculated to. arouse reflection. The fact was, the position of the Nine, after two generations of ascendency, was no longer what it had been. But of this anon. Before considering their inevitable downfall I wish to refer to a few events, which pieced together with such scenes as the above, perform the service of making the life in the winding streets among the palaces and ware- houses, as actual as if we beheld it with our living eyes. The laconic chronicler upon whom I am drawing never indulges in lavish description. Facts are what he is after with his simple grasp of life, facts that are as 208 SIENA tangible and solid as a floor beam or a paving block. He takes note of a tower blown down by the wind, crushing a hundred persons, of an earthquake, a drouth, a fire, letting no crude, nerve-shaking disaster escape his attention, but his mind is not yet alive to the subtle occurrences in the realm of the spirit, and the particular traits of even those broad events which he describes are a blank to him. However, the Renaissance was in the wind and the Renaissance, among other things, meant awakened senses, quickened mental processes, and a more personal relation to society. Here and there in the dispassionate record we have quite modern touches in the shape of descriptive detail, for instance, in connec- tion with the family feuds among the nobles, and par- ticularly in the story of the grande mortalita of 1348, the Black Death of European fame. In the daily budget of news exchanged by the gossips congregated in church or on the Campo, the latest inci- dent in one of the many family feuds must have held a prominent place. The reader's attention need only be directed to Shakespeare's Montagues and Capulets in order to lead him to recall that every Italian city was stirred with these savage vendettas, survivals of the feudal preference for the decision of the sword over the sentence of the law. In Siena the two most powerful families were the Tolomei and the Salimbeni. They pursued one another in the spirit of the Old Testament demand of a tooth for a tooth, an eye for an eye. Over and over again their murders and riots filled the whole city with alarm. To stir further the troubled waters of civic life, similar feuds sprang up between the families of the Malavolti and the Piccolomini, the Scotti and the THE CIVIL STRUGGLE 209 Saraceni. An event like the following is possible only within the frame of the Italian Middle Age: "On April i6th (1315) a great conflict and battle occurred be- tween the Tolomei and the Salimbeni, and the whole city armed itself. And the next day the rumor spread that the Aretines, at the bidding of the Tolomei, were coming in their aid, and the whole city armed itself and rushed to the gates and the Campo, but found nothing." * Not only do the citizens of high birth pursue their ancient and honorable pastimes on the public streets, but they are suspected, and probably not without some ground, of treason ! The Florentines, always solicitous for the good of Siena under the pliable Nine, interfered on this and other occasions to compose the feud between the Tolomei and the Salimbeni; neighboring bishops and even the pope may be found at one time or another engaged in the same service; but the peace was hardly sworn when some new excess put everything in jeopardy again. The combat described above still retains some- o thing of the air of a knightly tournament, but some of the incidents associated with these vendettas are, viewed in the light of our modern standards, nothing but naked assassinations. Consider this act in the Malavolti- Piccolomini blood-feud : "On February ipth (1334), just after sunset, four youths of the Piccolomini, to wit, Giovachino d' Andrea di Misser Salamone, Amerigo di Turino, Neroccio di Misser Naddo, and Riccio di Benuccio" (what a sonorous roll-call of brigands! almost capable of reconciling one to being murdered) "with some retainers left their house, and coming to the house of the Malavolti entered the court-yard. There they came upon Niccolo di Misser Cione * Muratori, XV, 54, C. 210 SIENA Malavolti playing chess; and Giovachino drove a knife into his throat killing him instantly. And then they returned to their house without further incident." * Another characteristic feature of life in Siena and other mediaeval towns were the recurrent famines, usu- ally accompanied with disease and pestilence. The failure from one cause or another of the crops of a par- ticular district always produced a crisis in the Middle Age, owing to the poor facilities for moving grain beyond a certain distance, as well as to the absurd protective views generally current, which caused every state to put the exportation of food-stuffs under a severe embargo. The result may be seen in such a record as this for Siena : 1302 famine; 1328 famine followed by a terrible mor- tality; 1339 famine and disease; 1346 partial famine. Though the above record establishes an indubitable concatenation between the phenomena of hunger and disease, the Black Death of 1347-48, that scourge unparalleled in the history of Europe, had nothing to do with the Sienese famine of the preceding year. The Black Death related, it would seem, to the Bubonic Plague, which still decimates the populations of the crowded East was carried into Europe by Italian merchants. From such seaports as Genoa and Pisa it spread inland with incredible rapidity, leaped the Alps, and presently devastated the whole West. ... In the spring of 1348 it appeared at Siena: "In this time began the Great Mortality, the greatest, and most obscure, and most horrible imaginable; and it lasted till October, 1348. It was of such a secret character that men and *Muratori, XV, QI, D. THE CIVIL STRUGGLE 211 women died almost without warning. A swelling appeared in the groin or the arm-pit, and while they were talking they fell dead. The father would not attend to his son; one brother fled from the other; the wife abandoned her husband; for it was said that to catch the disease it sufficed to look upon a victim or to feel his breath. And it must have been so indeed, since so many perished in the months of May, June, July, and August, that it was impossi- ble to find any one to bury the dead. Neither relatives nor friends nor priests nor friars accompanied them to the grave, nor was the office of the dead recited. He who lost a relative or house-mate, as soon as the breath had left the body, took him by night or day, and with two or three to lend a hand, carried him to the church, and with his helpers buried the corpse as best he could, covering it with just enough earth to save it from the dogs. And in many places of the city trenches were dug, very broad and deep, and into them the bodies were thrown and covered with a little earth; and thus layer after layer until the trench was full; and then another trench was commenced. And I, Agniolo di Tura, called Grasso, with my own hands buried five of my children in a single trench; and many others did the like. And many dead there were so ill- covered that the dogs dug them up and ate them, dispersing their limbs through the city. And no bells rang, and nobody wept no matter what his loss, because almost every one expected death. . . . And people believed and said: This is the end of the world."* But the Black Angel thus reaping up and down the city spared the good Agniolo, called Grasso, and before he died of some other disease, less terrible but just as effective, he wrote the above description, which by reason of a certain rusticity and homeliness has a far greater poignancy than the more literary treatment of the same theme by the famous novellist Boccaccio.f * Muratori, XV, 123. Agniolo puts the dead at Siena at 80,000; Boc- caccio in his Introduction to the Decameron gives the figures for Florence at 100,000 "dentro alle mura." t Introduction to " II Decamerone." 212 SIENA With this quotation I shall have to close my illustra- tions of the life in Siena under the Nine, as depicted in the pages of the chroniclers. Fairness, however, de- mands that before relating the fall of this government I again insist that against its many faults and deficiencies are set some notable achievements. If it is not easy to sympathize with the foreign programme of the mer- chants, which imposed a close dependence on Florence, if their home policy was dictated by the selfishness of class interest, they were, nevertheless, in their way, patriotic and enlightened citizens, and beautified their town with that keen pleasure with which a lover adorns his mistress. Since peace was their lode-star, a com- mercial peace which would enable every man to go about his daily business, it was at least consistent that the merchants should give their attention to civic improve- ments by constructing aqueducts and fountains, by paving the streets, by erecting public buildings,and generally by patronizing the arts. The noble outward show, as noble as may be found anywhere up and down the fair peninsula, which Siena in this twentieth century still presents to the eye, is due primarily to the creative activity of the Nine. The Campo, where they built their, palace, was the particular object of their munificence, and whoever has seen this unique piazza will agree that the chronicler was not misled by local pride when, in 1346, in a burst of feeling extraordinary for him, he wrote. "On December 3