The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
We know that Matilda, after the fashion of her predecessors,
administered justice in the name of the Empire, presiding in state
over the tribunals. Indeed, this was one of her chief functions. Some
sentences given by her have survived, and serve to show us how her
tribunal was composed. Certain high feudatories had seats flanking
her throne; next came the judges, assessors, pleaders (_causidici_),
and witnesses, and lastly, the notary. Prof. Lami has observed that
the judges, and more particularly the assessors, were changed as
the countess moved from city to city, which would prove that not a
few of them were inhabitants of the towns wherein they administered
justice.[90] In fact, what names do we find among them in Florence?
Those of the Gherardi, Caponsacchi, Uberti, Donati, Ughi, and a few
others.[91] These were already the first and most influential citizens,
the _boni homines_, the _sapientes_, the men we afterwards find
officiating as Consuls. Thus there were certain families who first
formed part of the margravial tribunal, and were afterwards at the head
of the Commune.
Political changes were facilitated and prepared by a juridical change,
followed by the increased action of the revived Roman law. What was
the nature of this change? The exact definition of the functions
respectively assigned by the Germanic code to the president of the
tribunal who gave sentence, or to the judges who led up to the same
by administering the law, had been gradually lost sight of. Sometimes
the countess pronounced sentence without the aid of judges; but more
often they conducted the trial, applied the law, and formulated the
verdict, to which the countess merely gave assent. Thus, as Ficker
states, her office was reduced to that of a passive president.[92]
This is confirmed on seeing that tribunals sometimes sat in her
absence, when the trials were entirely managed by the judges. A method
of this kind once adopted, Matilda's grave and numerous affairs of
State, together with the continual warfare in which she was involved,
must have augmented the number of the cases settled by local judges.
This must have been a matter of weighty importance at a time when
the administration of justice was one of the principal attributes of
political sovereignty. Hence these citizen tribunals are a precursory
sign of civic independence before the Commune had asserted its real
autonomy and individual position. The strange dearth of documents
certifying that any tribunal in Florence was presided over by Matilda
during the last fifteen years of her life, serves to confirm our
remarks. A similar fact is also verified in the Tuscan cities remaining
faithful to the Empire; for these too had tribunals in which justice
was administered, not by feudal potentates, but by citizens invested
by the emperor with judicial authority.[93] These, too, served as a
preliminary to communal independence, although hardly forming, as some
thought, its actual beginning.