It is certain that Florence now had a separate government under Consuls of her own, although there is no documentary proof to this effect earlier than 1138. Sanzanome, however, makes explicit allusion to it at the time of the Fiesole campaign, when, as we have seen, war was declared by the Consuls. But what was the real nature and origin of this new magistracy? Formerly it was opined by many writers that the Consuls were an institution derived in general from the judges of older days. In Lombardy they would have been merely another form of the Frankish _scabini_, and accordingly in Florence it was natural to suppose them to be an altered survival of those judges of the margravial tribunal to whom, for some time before her death, Matilda had accorded the right to give sentence. But this view can be no longer maintained, since it does not comprise the whole truth of the matter. For even when the Consuls are seen in the exercise of their functions, what are they, what do they do, according to chronicles and documents? They conduct wars, conclude treaties in the name of the people, of whom they are the representatives; they govern the city; they administer justice. And at Florence, as elsewhere, the latter is only one of their duties, and only undertaken by them because so closely connected with the exercise of the political power that is, above all, their genuine and principal function. Besides, what was it that really led to the birth of the Florentine Commune? What save the lack of the higher political authority hitherto ruling Tuscany, and the necessity of making war against old and new foes! Accordingly the military and political elements unavoidably prevailed. We are further confirmed in this idea by examining the constitution of the Consular bench. At first it would seem that all or some of the Consuls presided without distinction, while later, three members were chosen in turn, and entitled _Consules super facto iustitiae_, or even _Consules de iustitia_, to preside for one month; at a still later date two Consuls presided for a term of two months, and finally, after the nature of the primitive government has been changed, we find a single Consul acting as president throughout a whole year.[126] They might be, but were not necessarily, legal experts, since they only pronounced and confirmed the judgment decided upon without either preparing or formulating it. This duty fell to a real _iudex ordinarius pro Comune_, together with three proveditors or _provisores_, who examined the case and wrote the sentence. The Consuls merely sat as presidents of the tribunal, and when, as sometimes occurred, they failed to appear, the tribunal acted on its own account. Therefore their office was practically the same as that of Countess Matilda herself--_i.e._, to represent sovereignty without filling the place of judges.[127]