DEFENCE OF THE Constitution of Government of the United States of
AMERICA, continued ...
Italian Republics of the Middle Age, continued ...
CHAPTER FIFTH. SIENA, continued ...
“Another conspiracy was discovered in Siena among the reformers, under the conduct of the same Spinello Tolommei."
A spy, whom he sent with a letter to his correspondents in the city, was intercepted, threw himself out of a window in despair, and was killed in the fall, and a few of the conspirators were beheaded.
The city, by these continual plots, so often discovered, was kept in constant terror, as was every village and castle of the whole dominion; for example, in the castle of Casole a violent sedition was awakened; the Casolans were divided into two parties, and coming to arms among themselves, skirmishes happened every day, and many were killed and more wounded.
The same mischievous divisions were suffered too in the city of Massa.
Monte Pulciano, likewise, was governed by a single assembly of signori, who by their divisions occasioned similar seditions and civil wars among themselves, and their different parties excited a long war between Florence and Siena; at the conclusion of which the Florentines, by their intrigues, laid the Sienese under many disadvantages; and these would have been greater, if at this time it had not been known that the Sienese were in intimate correspondence with Giovan Galeazzo Visconti, Lord of Milan, who, after having taken the city of Verona, had, with a great increase of his power, taken the city of Padua, and made prisoner of Francesco da Carrara, who was lord of it.
“On the twenty-sixth of November, 1387, to give some satisfaction to the people, who began again to show signs of discontent, it was determined in Siena that to the number of the ten lords priors there should be added one of those popular men who had been reformers; and it was declared that, when mention should be made of those persons who were of the reformers, and who might be admitted to occupy the office of the signori, and who called themselves of the people of the larger number, it should be understood to apply to their fathers, sons, brothers, by the masculine line; and those who had been admonished between 1371 and 1384 should be comprehended in the number of the other popular men, who had not been of the reformers nor signori; and if any of the monte of the nine (for this was now the name of distinction) or of the monte of the twelve had been of the said reformers, they might be signori for the monte of the people of the greater number; but he alone should be considered as of the reformers, and not any of his ancestors, descendants, or connections; as these should all remain in the monte (heap, lump, or collection) of which they had been before."
They ordained, moreover, that of the chamberlains and notaries, who were eleven in number, four should be of the nine, four of the twelve, and three of the other popular men.
And whereas in the other magistracies there used to be in each two nobles, one of the twelve and one of the nine, there should now be added one popular man, who had not been either of the nine or of the twelve, and thus in each of those magistracies there should be two nobles and three populars; that is to say, as it is expressed in the record of the deliberation of the council, ‘one of the nine, one of the twelve, and one of the other populars;’ and of these other populars, one at one time was to be of those who had been reformers and of the signori, for the monte of the people of the greater number, and one other at another time of those of the same monte, who were not of the reformers nor the lords defenders; and by these provisions, those who held the government in their hands studied to conciliate the friendship of the little people, and take away, in some degree, the occasions of conspiracies.
And, that they might not alienate from their government the minds of the nobles, they resolved that all the podestaries and ordinary captainships, such as the captainship of Maremma, Montagna, Valdichiana, and others, should be given to the nobles, and to no others; and when occurrences should oblige them to send abroad extraordinary captains, they might send part of them from the nobles and part from the populars; and this order in favor of the nobles was made perpetual.
“These and other regulations were not sufficient to satisfy all, nor yet the hostile designs of Florence, nor the victory obtained by Niccolò Piccolomini over the Brettoni, to divert the people of Siena from their discontents; so that on the eleventh of May, 1388, another amendment of their constitution was attempted."
The apprehensions of foreign war as well as domestic broils increased; and to facilitate the public deliberations, that they might not upon every occasion have to call a general council, they introduced a council of substitutes, and called them the Simiglianti, with the same forms and the same authority which the council formerly had in the times of the twelve and the nine.
This council comprehended all those who had been of the lords priors governors, and those who had their names in the boxes of the same magistracy, to whom, that they might not appear to be diffident of them, they afterwards added twelve noblemen, elected from the nobility in general; and to gratify and oblige those of their citizens who were abroad, and prevent them from joining their enemies within and without, they gave a pardon to those rebels who had been confined for six months, and had observed their limits, and, although their time was not expired, gave them leave to return to the city; those who were confined for a year, might return in two months; and those who were confined for more than a year, in six months.
TO BE CONTINUED ...
JOHN ADAMS - DEFENSE OF U.S. CONSTITUTION
Re: JOHN ADAMS - DEFENSE OF U.S. CONSTITUTION
DEFENCE OF THE Constitution of Government of the United States of
AMERICA, continued ...
Italian Republics of the Middle Age, continued ...
CHAPTER FIFTH. SIENA, continued ...
“At this time, Batista Piccolomini returned from Milan, who had been sent as ambassador there; and with him was sent M. Giovanni della Porta, treasurer of the Lord Giovan Galeazzo, with orders to raise and take into pay as large a number of soldiers as possible; and to this end the treasurer sent his paymasters, with the Count Ugolotti Bianchiardi, who, having been sent with the ambassador by Giovan Galeazzo, for the service of the city of Siena, went to Marca, and engaged in the pay of Visconti, M. Brogliole and Brandolino, each with a hundred cavalry, and ordered that Boldrino da Panicale should form another company."
“The Florentines carried on their intrigues with so many factions in the state, and discovered a disposition so hostile, and designs, or at least desires, of making themselves masters not only of Monte Pulciano and the other dependencies, but of Siena itself, that the government thought it advisable to hasten their deliberations upon a subject they had in contemplation for several months, a league and confederation with Giovan Galeazzo Visconti, Lord of Milan and Conte di Virtù."
This prince, since he possessed Verona and Padua, had intended to take possession of Bologna, which had been sometimes under the dominion of the house of Visconti; and because the Florentines, as confederates of the Bolognese, had sent them assistance, and favored them as much as they could with their armed men, took upon him the protection of the city of Siena, and promised her ambassador to assist her, and sent the Signor Paolo Savelli, with three hundred lances, upon whose arrival uncommon rejoicings were shown in the city.
Galeazzo engaged in this warfare, not so much for the service of Siena, as to have an opportunity of maintaining the war in conjunction with them, upon that side, against the Florentines, that they, having employment enough to defend their own houses, might not be able to send succor to Bologna; and by this means to endeavor to make himself master of several places in Tuscany, from whence he might hope, by maintaining the divisions and most ardent hatred, which went on every day increasing, on account of Monte Pulciano, and the injuries the Florentines and Sienese committed against each other, to make himself master of the province, and at length King of Italy, an ambition he had long entertained.
To this end he entered into negotiation with the ambassadors of Siena; and on the twenty-second of September, 1389, the treaty was signed.
The articles were, that the league should continue ten years; that common cause should be made in a war against Florence; that Galeazzo should maintain during the war, which was to be declared in fifteen days, seven hundred lancemen, with three horses to each lance, in his pay in Tuscany, for the service of the commons of Siena; and the Sienese were to have three hundred in their pay in the same manner, with two hundred cross-bowmen; that if their enemies should send forces from Tuscany into Lombardy, it should be lawful for the count to avail himself of these his forces, but that Siena should not be obliged to send her forces out of Tuscany; that the count should not be obliged to make war or defend the Sienese against any other enemies than the Florentines; that any other community of Tuscany might be admitted into this league; that all the cities, lands, fortresses, and places which by the league might be acquired in this war, should belong to the republic of Siena, if it had any previous pretensions to the dominion of it; otherwise, every one should be left to its liberty, upon condition of holding the league and their allies or friends, and their opposers for enemies, and of giving hospitality, passage, and provisions, on paying for them, to the people of the league.
Galeazzo might make peace, truce, or armistice with the people of Florence, including the commons and people of Siena, with all their lands, cities, and subjects; but the Sienese could not make either without his consent; and the ratification was to be on both sides exchanged in three months.
“A war ensued, which lasted till 1389, and was then concluded by a peace, and a confederation between many republics and princes; the Conte di Virtù, Florence, Bologna, Perugia, the Marquis of Ferrara, Siena, the Lord of Mantua, the Lords de’ Malatesti, Lucca, the Count di Montefeltro, Pisa, &c."
This confederation, however, was not well observed; and the inhabitants of Monte Pulciano, particularly, violated it, as was supposed, at the instigation of Florence.
This occasioned not only a ratification of the former treaty, but the formation of a new one between the republic of Siena and the Signor Giovan Galeazzo Visconti, Conte di Virtù, Lord and Imperial Vicar of Milan.
The county or earldom of Virtù is a state in France, in the province of Champagne, which was given by King John in dower to Isabella his daughter, married to this Prince Giovan Galeazzo Visconti, which acquired him the title of Conte di Virtù; and of which marriage was born Madame Valentina, wife of Louis, Duke of Orleans, brother of Charles VI., King of France, who had in dower the same Conte di Virtù, and the city of Asti in Piedmont; of Charles, their first-born, Duke of Orleans, was born the King Louis XII; of Giovanni, their second son, Count of Angoulême, was born Charles of Angoulême, father of the King Francis I.
These successors of Valentina pretended, after the death without issue of Giovan Maria and Filippo Maria, their brothers, sons of Giovan Galeazzo, that the state of Milan belonged to them; and for this reason the King Louis XII. and the King Francis I. afterwards made that celebrated war in Lombardy, and recovered and lost several times over the duchy of Milan.
TO BE CONTINUED ...
AMERICA, continued ...
Italian Republics of the Middle Age, continued ...
CHAPTER FIFTH. SIENA, continued ...
“At this time, Batista Piccolomini returned from Milan, who had been sent as ambassador there; and with him was sent M. Giovanni della Porta, treasurer of the Lord Giovan Galeazzo, with orders to raise and take into pay as large a number of soldiers as possible; and to this end the treasurer sent his paymasters, with the Count Ugolotti Bianchiardi, who, having been sent with the ambassador by Giovan Galeazzo, for the service of the city of Siena, went to Marca, and engaged in the pay of Visconti, M. Brogliole and Brandolino, each with a hundred cavalry, and ordered that Boldrino da Panicale should form another company."
“The Florentines carried on their intrigues with so many factions in the state, and discovered a disposition so hostile, and designs, or at least desires, of making themselves masters not only of Monte Pulciano and the other dependencies, but of Siena itself, that the government thought it advisable to hasten their deliberations upon a subject they had in contemplation for several months, a league and confederation with Giovan Galeazzo Visconti, Lord of Milan and Conte di Virtù."
This prince, since he possessed Verona and Padua, had intended to take possession of Bologna, which had been sometimes under the dominion of the house of Visconti; and because the Florentines, as confederates of the Bolognese, had sent them assistance, and favored them as much as they could with their armed men, took upon him the protection of the city of Siena, and promised her ambassador to assist her, and sent the Signor Paolo Savelli, with three hundred lances, upon whose arrival uncommon rejoicings were shown in the city.
Galeazzo engaged in this warfare, not so much for the service of Siena, as to have an opportunity of maintaining the war in conjunction with them, upon that side, against the Florentines, that they, having employment enough to defend their own houses, might not be able to send succor to Bologna; and by this means to endeavor to make himself master of several places in Tuscany, from whence he might hope, by maintaining the divisions and most ardent hatred, which went on every day increasing, on account of Monte Pulciano, and the injuries the Florentines and Sienese committed against each other, to make himself master of the province, and at length King of Italy, an ambition he had long entertained.
To this end he entered into negotiation with the ambassadors of Siena; and on the twenty-second of September, 1389, the treaty was signed.
The articles were, that the league should continue ten years; that common cause should be made in a war against Florence; that Galeazzo should maintain during the war, which was to be declared in fifteen days, seven hundred lancemen, with three horses to each lance, in his pay in Tuscany, for the service of the commons of Siena; and the Sienese were to have three hundred in their pay in the same manner, with two hundred cross-bowmen; that if their enemies should send forces from Tuscany into Lombardy, it should be lawful for the count to avail himself of these his forces, but that Siena should not be obliged to send her forces out of Tuscany; that the count should not be obliged to make war or defend the Sienese against any other enemies than the Florentines; that any other community of Tuscany might be admitted into this league; that all the cities, lands, fortresses, and places which by the league might be acquired in this war, should belong to the republic of Siena, if it had any previous pretensions to the dominion of it; otherwise, every one should be left to its liberty, upon condition of holding the league and their allies or friends, and their opposers for enemies, and of giving hospitality, passage, and provisions, on paying for them, to the people of the league.
Galeazzo might make peace, truce, or armistice with the people of Florence, including the commons and people of Siena, with all their lands, cities, and subjects; but the Sienese could not make either without his consent; and the ratification was to be on both sides exchanged in three months.
“A war ensued, which lasted till 1389, and was then concluded by a peace, and a confederation between many republics and princes; the Conte di Virtù, Florence, Bologna, Perugia, the Marquis of Ferrara, Siena, the Lord of Mantua, the Lords de’ Malatesti, Lucca, the Count di Montefeltro, Pisa, &c."
This confederation, however, was not well observed; and the inhabitants of Monte Pulciano, particularly, violated it, as was supposed, at the instigation of Florence.
This occasioned not only a ratification of the former treaty, but the formation of a new one between the republic of Siena and the Signor Giovan Galeazzo Visconti, Conte di Virtù, Lord and Imperial Vicar of Milan.
The county or earldom of Virtù is a state in France, in the province of Champagne, which was given by King John in dower to Isabella his daughter, married to this Prince Giovan Galeazzo Visconti, which acquired him the title of Conte di Virtù; and of which marriage was born Madame Valentina, wife of Louis, Duke of Orleans, brother of Charles VI., King of France, who had in dower the same Conte di Virtù, and the city of Asti in Piedmont; of Charles, their first-born, Duke of Orleans, was born the King Louis XII; of Giovanni, their second son, Count of Angoulême, was born Charles of Angoulême, father of the King Francis I.
These successors of Valentina pretended, after the death without issue of Giovan Maria and Filippo Maria, their brothers, sons of Giovan Galeazzo, that the state of Milan belonged to them; and for this reason the King Louis XII. and the King Francis I. afterwards made that celebrated war in Lombardy, and recovered and lost several times over the duchy of Milan.
TO BE CONTINUED ...
Re: JOHN ADAMS - DEFENSE OF U.S. CONSTITUTION
DEFENCE OF THE Constitution of Government of the United States of
AMERICA, continued ...
Italian Republics of the Middle Age, continued ...
CHAPTER FIFTH. SIENA, continued ...
“To return from this digression, on the ninth of November, 1389, the treaty was ratified and exchanged between Siena and the count; yet a fresh conspiracy was discovered in the city, excited by Spinello Tolommei in banishment, and the reformers, in conjunction with foreigners, and Monte Pulciano again rebelled; but the arms of Siena, aided by the count and his captain, Charles Malatesta, were triumphant at home and abroad, and this year the first bombardment ever seen in Tuscany was practised."
Upon some little reverse of fortune, when the count lost the fortress of Padua, and when, to the calamities of war, those of pestilence and famine were added, in 1390, the noble families of Salimbeni, Tolommei, and Malavolti, unable to bear one another, and some of them still less willing to submit to a superior, resumed their old employment of exciting seditions.
Florence wanted peace, and the pope exhorted it.
The families of Tolommei and Malavolti, still jealous of the Salimbeni, and their superior influence and favor with the count, began to stir up discontents.
In their opinion, it was neither profitable nor glorious, nor even honorable for the republic to waste itself on all sides for the service of the Count Galeazzo, who, in the greatest exigency of the war, had, by withdrawing his forces, left it a prey to the enemy.
From this specimen of his conduct, the Sienese could only expect, if he had been or should be victorious, a servitude which they would find very bitter and irksome.
Every one who was not blinded by an immeasurable hatred, which the vulgar had conceived against the Florentines for the injuries they had done the republic, must already see the disposition of the count; and especially since the arrival from Milan of the Marquis Andreasso Cavalcabò, of his privy council, to take upon him the office of senator of Siena, to which he had been elected.
The marquis had demanded, with great ceremony, in the name of his master, and on his behalf, that, for the common utility, the dominion of the city of Siena should be given to him.
This embassy caused a wonderful change in the minds of all those who desired that their country should remain independent and free; and the more, as they knew that the generality of the citizens, without listening to any arguments against it, and without any consideration of futurity, or of the nature of princes, never content with a middle flight, and never long to be depended on, were not only inclined to it, but had prepared a petition to the general council, that an answer should be given to the count’s ambassador in these words: ‘We are content; and, as a singular favor, we supplicate his lordship that, from his benignity, he will be pleased to take upon him and accept the dominion and government of the city of Siena, its country and district, and of us his devoted children and servants; and that he rule and govern us as to his excellency shall seem convenient;’ and, descending to particulars, they added and affirmed, ‘We are ready to give and confer upon him the city of Siena, its country and district, with its simple and mixed empire, and to transfer to him liberally the lordship and government of it, so that he may freely dispose of it, in all things, as of the city of Milan, or Padua, or any other the most submissive to him.’
“The contents of this petition, although at first prepared in secret, had reached the ears of those who endeavored to promote peace with Florence and the public tranquillity, wonderfully irritated their minds, and incited them to show to their fellow-citizens the incredible damage to the city which must arise from such an unlimited submission; and to foretell that, in a little time, when they should begin to experience the bitterness of servitude to such as are born and bred to liberty, they would in vain repent of their levity, rashness, and error."
They recalled to the recollection of the citizens the great virtues of their fathers and other ancestors, which had defended their country, preserved their liberties, and transmitted both to them; and with how much generosity, bravery, and magnanimity, they themselves had defended it in arms against Charles IV., when present in Siena in 1368 with a powerful army.
That they were under the most tender obligation to transmit the sacred trust to their posterity; and this they might easily do, to the inestimable benefit of the city, by a peace, which they had the power and opportunity to make.
That when they should be delivered from the calamities of foreign war, and the yoke of tyranny which hung over their necks, they should be at leisure to make provisions of grain against the famine, and to find alleviations of their distresses from the plague.
TO BE CONTINUED ...
AMERICA, continued ...
Italian Republics of the Middle Age, continued ...
CHAPTER FIFTH. SIENA, continued ...
“To return from this digression, on the ninth of November, 1389, the treaty was ratified and exchanged between Siena and the count; yet a fresh conspiracy was discovered in the city, excited by Spinello Tolommei in banishment, and the reformers, in conjunction with foreigners, and Monte Pulciano again rebelled; but the arms of Siena, aided by the count and his captain, Charles Malatesta, were triumphant at home and abroad, and this year the first bombardment ever seen in Tuscany was practised."
Upon some little reverse of fortune, when the count lost the fortress of Padua, and when, to the calamities of war, those of pestilence and famine were added, in 1390, the noble families of Salimbeni, Tolommei, and Malavolti, unable to bear one another, and some of them still less willing to submit to a superior, resumed their old employment of exciting seditions.
Florence wanted peace, and the pope exhorted it.
The families of Tolommei and Malavolti, still jealous of the Salimbeni, and their superior influence and favor with the count, began to stir up discontents.
In their opinion, it was neither profitable nor glorious, nor even honorable for the republic to waste itself on all sides for the service of the Count Galeazzo, who, in the greatest exigency of the war, had, by withdrawing his forces, left it a prey to the enemy.
From this specimen of his conduct, the Sienese could only expect, if he had been or should be victorious, a servitude which they would find very bitter and irksome.
Every one who was not blinded by an immeasurable hatred, which the vulgar had conceived against the Florentines for the injuries they had done the republic, must already see the disposition of the count; and especially since the arrival from Milan of the Marquis Andreasso Cavalcabò, of his privy council, to take upon him the office of senator of Siena, to which he had been elected.
The marquis had demanded, with great ceremony, in the name of his master, and on his behalf, that, for the common utility, the dominion of the city of Siena should be given to him.
This embassy caused a wonderful change in the minds of all those who desired that their country should remain independent and free; and the more, as they knew that the generality of the citizens, without listening to any arguments against it, and without any consideration of futurity, or of the nature of princes, never content with a middle flight, and never long to be depended on, were not only inclined to it, but had prepared a petition to the general council, that an answer should be given to the count’s ambassador in these words: ‘We are content; and, as a singular favor, we supplicate his lordship that, from his benignity, he will be pleased to take upon him and accept the dominion and government of the city of Siena, its country and district, and of us his devoted children and servants; and that he rule and govern us as to his excellency shall seem convenient;’ and, descending to particulars, they added and affirmed, ‘We are ready to give and confer upon him the city of Siena, its country and district, with its simple and mixed empire, and to transfer to him liberally the lordship and government of it, so that he may freely dispose of it, in all things, as of the city of Milan, or Padua, or any other the most submissive to him.’
“The contents of this petition, although at first prepared in secret, had reached the ears of those who endeavored to promote peace with Florence and the public tranquillity, wonderfully irritated their minds, and incited them to show to their fellow-citizens the incredible damage to the city which must arise from such an unlimited submission; and to foretell that, in a little time, when they should begin to experience the bitterness of servitude to such as are born and bred to liberty, they would in vain repent of their levity, rashness, and error."
They recalled to the recollection of the citizens the great virtues of their fathers and other ancestors, which had defended their country, preserved their liberties, and transmitted both to them; and with how much generosity, bravery, and magnanimity, they themselves had defended it in arms against Charles IV., when present in Siena in 1368 with a powerful army.
That they were under the most tender obligation to transmit the sacred trust to their posterity; and this they might easily do, to the inestimable benefit of the city, by a peace, which they had the power and opportunity to make.
That when they should be delivered from the calamities of foreign war, and the yoke of tyranny which hung over their necks, they should be at leisure to make provisions of grain against the famine, and to find alleviations of their distresses from the plague.
TO BE CONTINUED ...
Re: JOHN ADAMS - DEFENSE OF U.S. CONSTITUTION
DEFENCE OF THE Constitution of Government of the United States of
AMERICA, continued ...
Italian Republics of the Middle Age, continued ...
CHAPTER FIFTH. SIENA, continued ...
“To these reasonings of the Tolommei and Malavolti were opposed those of the Salimbeni, who, having been long favorites of the Ghibelline party, were mortal enemies of the others, who were Guelphs."
Moved by the interests of faction more than those of the public service, having procured the petition to be heard, and the decree passed and proclaimed by the council, in order to oppress the opposite party by arms, when they had not been able to answer their reasons, they drew over to their side M. Giovan Tedesco, head of the Ghibellines in Arezzo, with his cavalry, and marched through the city, accompanied with a great multitude of people of their faction, and proclaimed the name of Giovan Galeazzo Visconti, Conte di Vertù and Lord of Milan, protector, and chief of the Ghibelline faction in Lombardy, and slew in this sedition twenty men of the followers of the adverse party, and made many prisoners; among whom was Niccolò Malavolti, who, though he had often honorably acted for the service of the republic, was, with many others, beheaded.
“The other members of the families of Tolommei and Malavolti, with many of their followers, left the city, and retired to their castles."
The people of Siena, wearied out of patience by being the dupes and tools of two or three ambitious families, were easily led by one of them to rejoice in placing a master over all.
They were now so inclined and disposed to servitude to one, in preference to a few, that, blinded with anger, they would not see the evident ruin which must come with the destruction of public liberty; and neither themselves nor their leaders knowing the true cause of their divisions and misfortunes, nor any remedy by which union and liberty might be reconciled by law, they humbly solicited the subjugation of their country, and the privilege — of passive obedience.
“On the fifteenth day of March, in the same year, the record was approved in the general council, and authority was given to the lords priors to appoint a syndic, and a deputy of the commons of Siena, to execute all that was contained in the resolution, and to deliver the keys of the city to the commissaries of the Count Galeazzo, with its absolute dominion, without pact or convention of any kind.”
The example is here complete; and although the tyranny of the Visconti was afterwards overturned, various forms of a republic attempted, exiles sent out and recalled as usual, yet, as the executive power was always left in an assembly, and inveterate factions were not legally separated from each other, nor empowered to control each other, the same divisions, seditions, and civil wars were perpetual, till the same weariness induced the people again to confer the sovereignty on the Grand Duke of Etruria, where it remains to this time.
It is not easy to conceive what further experiments can be made of a sovereignty in one assembly, or how the consequences to be drawn from them can be more decisive.
Whether the assembly consists of a larger or a smaller number, of nobles or commons, of great people or little, of rich or poor, of substantial men or the rabble, the effects are all the same — No order, no safety, no liberty, because no government of law.
TO BE CONTINUED ...
AMERICA, continued ...
Italian Republics of the Middle Age, continued ...
CHAPTER FIFTH. SIENA, continued ...
“To these reasonings of the Tolommei and Malavolti were opposed those of the Salimbeni, who, having been long favorites of the Ghibelline party, were mortal enemies of the others, who were Guelphs."
Moved by the interests of faction more than those of the public service, having procured the petition to be heard, and the decree passed and proclaimed by the council, in order to oppress the opposite party by arms, when they had not been able to answer their reasons, they drew over to their side M. Giovan Tedesco, head of the Ghibellines in Arezzo, with his cavalry, and marched through the city, accompanied with a great multitude of people of their faction, and proclaimed the name of Giovan Galeazzo Visconti, Conte di Vertù and Lord of Milan, protector, and chief of the Ghibelline faction in Lombardy, and slew in this sedition twenty men of the followers of the adverse party, and made many prisoners; among whom was Niccolò Malavolti, who, though he had often honorably acted for the service of the republic, was, with many others, beheaded.
“The other members of the families of Tolommei and Malavolti, with many of their followers, left the city, and retired to their castles."
The people of Siena, wearied out of patience by being the dupes and tools of two or three ambitious families, were easily led by one of them to rejoice in placing a master over all.
They were now so inclined and disposed to servitude to one, in preference to a few, that, blinded with anger, they would not see the evident ruin which must come with the destruction of public liberty; and neither themselves nor their leaders knowing the true cause of their divisions and misfortunes, nor any remedy by which union and liberty might be reconciled by law, they humbly solicited the subjugation of their country, and the privilege — of passive obedience.
“On the fifteenth day of March, in the same year, the record was approved in the general council, and authority was given to the lords priors to appoint a syndic, and a deputy of the commons of Siena, to execute all that was contained in the resolution, and to deliver the keys of the city to the commissaries of the Count Galeazzo, with its absolute dominion, without pact or convention of any kind.”
The example is here complete; and although the tyranny of the Visconti was afterwards overturned, various forms of a republic attempted, exiles sent out and recalled as usual, yet, as the executive power was always left in an assembly, and inveterate factions were not legally separated from each other, nor empowered to control each other, the same divisions, seditions, and civil wars were perpetual, till the same weariness induced the people again to confer the sovereignty on the Grand Duke of Etruria, where it remains to this time.
It is not easy to conceive what further experiments can be made of a sovereignty in one assembly, or how the consequences to be drawn from them can be more decisive.
Whether the assembly consists of a larger or a smaller number, of nobles or commons, of great people or little, of rich or poor, of substantial men or the rabble, the effects are all the same — No order, no safety, no liberty, because no government of law.
TO BE CONTINUED ...
Re: JOHN ADAMS - DEFENSE OF U.S. CONSTITUTION
DEFENCE OF THE Constitution of Government of the United States of
AMERICA, continued ...
Italian Republics of the Middle Age, continued ...
CHAPTER FIFTH. SIENA, concluded ...
It is often said, that the republics of Greece, Rome, and Tuscany, produced in the minds of their citizens great virtues; an ardent love for their country, undaunted bravery, the love of poverty, the love of science, &c.
But if a little attention is bestowed upon the subject, these will be found to be very feeble arguments in their favor.
It was not the love of their country, but of their faction.
There were in every city three factions at least; every citizen loved one third of his fellow-citizens, and hated the other two thirds.
It is true that, in such a state of things, affection for friends strengthens in proportion to the fear and hatred of enemies; and the desire of revenge becomes as strong a passion, and demands gratification as imperiously as friendship, and perhaps even more.
How was it possible, when men were always in war and danger, that they should not be brave?
Courage is a quality to be acquired by all men, by habit and practice.
When scenes of death and carnage are every day before his eyes, how is it possible that a man should not acquire a contempt of death, from his familiarity with it, especially if life is made a burden, by continual exertion and mortification?
The love of poverty is a fictitious virtue that never existed.
A preference of merit to wealth has sometimes existed under all governments; but, most of all, under aristocracies.
This is wisdom and virtue in all.
But can much of this be found in the histories of any country, that was not poor, and obliged to be so?
Can we see much of it in Florence and Siena?
The love of science and literature always grows where there is much public deliberation and debate; and in such governments, where every faculty as well as passion is always on the stretch, great energy of mind appears.
But there is a form of government which produces a love of law, liberty, and country, instead of disorder, irregularity, and a faction; which produces as much and more independence of spirit, and as undaunted bravery; as much esteem of merit in preference to wealth, and as great simplicity, sincerity, and generosity to all the community, as others do to a faction; which produces as great a desire of knowledge, and infinitely better faculties to pursue it; which, besides, produces security of property, and the desire and opportunities for commerce, which the others obstruct.
Shall any one hesitate then to prefer such a government as this to all others?
A constitution in which the people reserve to themselves the absolute control of their purses, one essential branch of the legislature, and the inquest of grievances and state crimes, will always produce patriotism, bravery, simplicity, and science; and that infinitely better for the order, security, and tranquillity they will enjoy, by putting the executive power into one hand, which it becomes their interest, as well as that of the nobles, to watch and control.
TO BE CONTINUED ...
AMERICA, continued ...
Italian Republics of the Middle Age, continued ...
CHAPTER FIFTH. SIENA, concluded ...
It is often said, that the republics of Greece, Rome, and Tuscany, produced in the minds of their citizens great virtues; an ardent love for their country, undaunted bravery, the love of poverty, the love of science, &c.
But if a little attention is bestowed upon the subject, these will be found to be very feeble arguments in their favor.
It was not the love of their country, but of their faction.
There were in every city three factions at least; every citizen loved one third of his fellow-citizens, and hated the other two thirds.
It is true that, in such a state of things, affection for friends strengthens in proportion to the fear and hatred of enemies; and the desire of revenge becomes as strong a passion, and demands gratification as imperiously as friendship, and perhaps even more.
How was it possible, when men were always in war and danger, that they should not be brave?
Courage is a quality to be acquired by all men, by habit and practice.
When scenes of death and carnage are every day before his eyes, how is it possible that a man should not acquire a contempt of death, from his familiarity with it, especially if life is made a burden, by continual exertion and mortification?
The love of poverty is a fictitious virtue that never existed.
A preference of merit to wealth has sometimes existed under all governments; but, most of all, under aristocracies.
This is wisdom and virtue in all.
But can much of this be found in the histories of any country, that was not poor, and obliged to be so?
Can we see much of it in Florence and Siena?
The love of science and literature always grows where there is much public deliberation and debate; and in such governments, where every faculty as well as passion is always on the stretch, great energy of mind appears.
But there is a form of government which produces a love of law, liberty, and country, instead of disorder, irregularity, and a faction; which produces as much and more independence of spirit, and as undaunted bravery; as much esteem of merit in preference to wealth, and as great simplicity, sincerity, and generosity to all the community, as others do to a faction; which produces as great a desire of knowledge, and infinitely better faculties to pursue it; which, besides, produces security of property, and the desire and opportunities for commerce, which the others obstruct.
Shall any one hesitate then to prefer such a government as this to all others?
A constitution in which the people reserve to themselves the absolute control of their purses, one essential branch of the legislature, and the inquest of grievances and state crimes, will always produce patriotism, bravery, simplicity, and science; and that infinitely better for the order, security, and tranquillity they will enjoy, by putting the executive power into one hand, which it becomes their interest, as well as that of the nobles, to watch and control.
TO BE CONTINUED ...
Re: JOHN ADAMS - DEFENSE OF U.S. CONSTITUTION
DEFENCE OF THE Constitution of Government of the United States of
AMERICA, continued ...
Italian Republics of the Middle Age, continued ...
CHAPTER SIXTH. BOLOGNA.
“The Tuscans were an ancient and original people of Italy, whose power was so considerable, that they extended their dominion from one sea to the other."
These people, some ages before the foundation of Rome, built twelve cities, and among them Bologna, which was made the capital of the kingdom.
Some years afterwards, when Constantine, from his reverence for the holy see, had transported the throne of the empire to Byzantium, and the majesty of the emperors was become, from its distance, little respected by the Italians, many cities, and Bologna among the rest, in 382, instituted a republic.
Claterna, a neighboring city, at the distance of twelve miles, which had been built also by the Tuscans, likewise erected an independent republic; but first an emulation arose, and afterwards a war, in which the Claternates were subdued, and they being as discontented with their obedience to the citizens of Bologna, as they had formerly been with that to their king, they were received, according to the custom of the Romans, into the country of the conquerors.
This city was afterwards ruined by the barbarians so entirely, that no vestige of it remains but in history.
“In 961, Otho, Emperor of the Germans, came into Italy, delivered it from the yoke of the Berengarii, obtained of the pope the crown imperial, and, with general applause, the title of Otho the Great."
This prince, perceiving that the cities of Italy, from their natural generosity of sentiment, and their distance from the emperor, could not be held in subjection, conceded to many of them their liberty, reserving a light tribute.
“Bologna obtained, with a sort of preëminence, and with a smaller tribute, her usual liberty, with the privilege of electing her magistrates with a mixed authority; and, conformably to the institution of Otho, gave a form to her republic, with three councils, with the title of a community."
"The one was the Council of the Credenza, which was that of the consuls and the other magistrates; the other was called the Special Council, and comprehended the nobility; the third was called the General Council, and was that of the people, which, without the power of suffrage, was assembled, in order to be present at the administration of the oaths to the magistrates, and other similar public appearances.”
In this constitution there is a shadow, and no more, of three branches.
The people, who ought to constitute an essential part, were excluded from all influence, and only called out occasionally to look at their rulers, and gratify their senses with shouts of acclamation.
The credenza and the nobility formed an aristocracy, in which the magistrates were appointed, and the administration conducted.
It seems to have been an imitation of the Roman consuls and senate, without even the poor expedient of a tribune to control them.
In 1153, the cities of Italy began to elect pretors, whom they named podestà or bailiffs; and, excited by their example, the citizens of Bologna elected Guido Sassi to that magistracy, and invested him publicly with the sceptre and the sword of justice.
This was a reduction of the divisions of the republic to that union which is the effect of the government of a single person, against the corruption of which they endeavored to provide by the college of consuls, and by the brevity of annual magistrates.
“Felsinus, King of Tuscany, was the founder of the royal city of Bologna, the mother of arts, sciences, and studies, and the nurse of laws, and, after his own name, called it Felsina."
"This city, which the Italian authors delight to describe, is situated at the foot of the Apennines, in the middle of the Emilian Way, in the forty-fourth degree of latitude, between mountains and plains equally beautiful and fertile; in the north a fruitful plain in the east the river Savena, in the west the Rhine; not far from the sea, and in the neighborhood of lakes and rivers abounding with fish."
"The air is temperate, and the country plentiful of every thing necessary and useful to human life."
"This glorious city was made by the kings of Tuscany the metropolis of their dominion, and the seat of their residence."
"Their empire indeed extended only over the twelve cities, of which this was the first; the others were Veii, Chiusi, Cortona, Populonia, Tarquini, Vetulonia, Volterra, Volsena, Roselle, Perugia, Arezzo, and Fiesole.”
TO BE CONTINUED ...
AMERICA, continued ...
Italian Republics of the Middle Age, continued ...
CHAPTER SIXTH. BOLOGNA.
“The Tuscans were an ancient and original people of Italy, whose power was so considerable, that they extended their dominion from one sea to the other."
These people, some ages before the foundation of Rome, built twelve cities, and among them Bologna, which was made the capital of the kingdom.
Some years afterwards, when Constantine, from his reverence for the holy see, had transported the throne of the empire to Byzantium, and the majesty of the emperors was become, from its distance, little respected by the Italians, many cities, and Bologna among the rest, in 382, instituted a republic.
Claterna, a neighboring city, at the distance of twelve miles, which had been built also by the Tuscans, likewise erected an independent republic; but first an emulation arose, and afterwards a war, in which the Claternates were subdued, and they being as discontented with their obedience to the citizens of Bologna, as they had formerly been with that to their king, they were received, according to the custom of the Romans, into the country of the conquerors.
This city was afterwards ruined by the barbarians so entirely, that no vestige of it remains but in history.
“In 961, Otho, Emperor of the Germans, came into Italy, delivered it from the yoke of the Berengarii, obtained of the pope the crown imperial, and, with general applause, the title of Otho the Great."
This prince, perceiving that the cities of Italy, from their natural generosity of sentiment, and their distance from the emperor, could not be held in subjection, conceded to many of them their liberty, reserving a light tribute.
“Bologna obtained, with a sort of preëminence, and with a smaller tribute, her usual liberty, with the privilege of electing her magistrates with a mixed authority; and, conformably to the institution of Otho, gave a form to her republic, with three councils, with the title of a community."
"The one was the Council of the Credenza, which was that of the consuls and the other magistrates; the other was called the Special Council, and comprehended the nobility; the third was called the General Council, and was that of the people, which, without the power of suffrage, was assembled, in order to be present at the administration of the oaths to the magistrates, and other similar public appearances.”
In this constitution there is a shadow, and no more, of three branches.
The people, who ought to constitute an essential part, were excluded from all influence, and only called out occasionally to look at their rulers, and gratify their senses with shouts of acclamation.
The credenza and the nobility formed an aristocracy, in which the magistrates were appointed, and the administration conducted.
It seems to have been an imitation of the Roman consuls and senate, without even the poor expedient of a tribune to control them.
In 1153, the cities of Italy began to elect pretors, whom they named podestà or bailiffs; and, excited by their example, the citizens of Bologna elected Guido Sassi to that magistracy, and invested him publicly with the sceptre and the sword of justice.
This was a reduction of the divisions of the republic to that union which is the effect of the government of a single person, against the corruption of which they endeavored to provide by the college of consuls, and by the brevity of annual magistrates.
“Felsinus, King of Tuscany, was the founder of the royal city of Bologna, the mother of arts, sciences, and studies, and the nurse of laws, and, after his own name, called it Felsina."
"This city, which the Italian authors delight to describe, is situated at the foot of the Apennines, in the middle of the Emilian Way, in the forty-fourth degree of latitude, between mountains and plains equally beautiful and fertile; in the north a fruitful plain in the east the river Savena, in the west the Rhine; not far from the sea, and in the neighborhood of lakes and rivers abounding with fish."
"The air is temperate, and the country plentiful of every thing necessary and useful to human life."
"This glorious city was made by the kings of Tuscany the metropolis of their dominion, and the seat of their residence."
"Their empire indeed extended only over the twelve cities, of which this was the first; the others were Veii, Chiusi, Cortona, Populonia, Tarquini, Vetulonia, Volterra, Volsena, Roselle, Perugia, Arezzo, and Fiesole.”
TO BE CONTINUED ...
Re: JOHN ADAMS - DEFENSE OF U.S. CONSTITUTION
DEFENCE OF THE Constitution of Government of the United States of
AMERICA, continued ...
Italian Republics of the Middle Age, continued ...
CHAPTER SIXTH. BOLOGNA, continued ...
In the year 1123, the form of the republic of Bologna, the state of the city, and the customs of the citizens, were as follows.
Those who shall read their history, will easily perceive that this republic did not, in those ancient and rude times, administer the city scientifically, nor conduct skilfully the affairs of war.
“They elected three councils, a special council, a general council, and a council of credenza, in the authority of which, with their magistrates and judges, the supreme government consisted."
The special council was elected annually in this manner.
In the beginning of December the special and the general council were convoked, either by the consuls or by the pretor, according as one or the other of those officers happened to be in the government of the republic, in presence of whom, every one of the council, observing the order of his tribe, made his election and his drawing by lot.
For this purpose, there stood before a tribunal two urns, in one of which were placed to be drawn as many tickets as there were men of that tribe present in council, and on them their names were written; in the other were as many blanks, except ten written upon by the hands of two brothers, hermits of St. Augustin, deputed by the council for that purpose.
When the drawing was to be made of the first tribe, a boy of the age of twelve years, or less, drew a ticket from the principal urn, and the person whose name came out presented himself at the tribunal; the boy at the second urn drew another ticket, and if by chance it was blank, that person was excluded from the election of the council; but if the ticket was written upon, he became an elector; and this method was followed, until the ten black or written tickets declared the ten electors of that tribe.
This being done, the same was repeated by the men of the other tribes, one by one, until forty men, that is to say, ten for each tribe, were electors.
Then the forty electors retired to a secret place, and elected six hundred men, that is to say, one hundred and fifty for each tribe, excluding, however, the mean and poor artisans, occupied in low and base works, and minors of eighteen years; neither was any one obliged to accept of this office.
And these six hundred men then presented themselves as the special council.
In the same manner and order, in substance, in three days, the council of credenza was elected; but all the doctors of laws, without other qualification or appointment, might enter this council, and that of the six hundred.
After three days more, the general council were elected exactly in the same mode; but he who had been an elector in one council could not be an elector in another.
These councils assembled sometimes all together, and at other times separately, according to the nature of their business, and they assembled at the sound of a bell or trumpet.
There were provided by these councils three bells, the lesser, the middle, and the greater; for the special council the smaller bell was rung, for the council of credenza the middle, and for the council general the greater.
It was forbidden to the consul, or the pretor, to convoke the councils, if he had not previously ordered the business which was to be treated by the chancellor to be written in a book provided for that purpose.
When the council was collected, the chancellor publicly proposed the subject that was to be considered; and, this done, the orators, who were four, and stood near the tribunal of the magistrates, reasoned in public.
A like privilege was granted to the orators of the magistrates, who were also four; but this only touching the business of the magistrates, and their opinions, in answer to the question separately put to them, were written down, and called the resolution or division.
It was sometimes tolerated, when it appeared to be necessary, that private or individual magistrates should harangue in council, who, mounted in a pulpit, with a loud voice delivered their opinions; and upon the questions proposed by them a division was made, or a resolution taken.
These divisions were made in various ways.
Sometimes the opinion of every one was taken in secret, and written down by a notary, successively; at other times every one gave his vote openly and audibly, and frequently the decision was made by white and black beans; now, those of one opinion went to one side and those of a different judgment to the other; then one party stood up, and another sat down; and in these cases the voices were counted by the ministers publicly.
The will and resolution of the council being determined, the decree was published, and recorded in a book, and another council could not be convoked till this decree was made.
A number of notaries were employed; some to write the speeches and opinions, others to publish the decrees, and others to receive the laws.
Such were the usages of the councils of this republic, which was honored with the name of commons, or community.
“Of the magistrates, some were ordinary, others extraordinary; the ordinary were created and deputed every year in the republic, and were called the magistrates of the court; the extraordinary were those who were deputed for some extraordinary business."
The principal ordinary magistrates were the consuls of the community, or the pretor instead of them; the consuls of justice, the judges of the community, the attorney-general, the judges of appeals, the judges of new crimes, the judges of the office of exiles or outlaws, the judges of new causes, a judge who was the executioner of sentences, and the questor; and they all had their soldiers and notaries.
The extraordinary were the legates, curators, and syndics.
“The same mode was observed in the choice of consuls as of counsellors."
The election of pretor was in this manner.
In the month of September the councils, general and special, were called together at the pleasure of the magistrate; but before they convened, the day and hour that each tribe was to go out to the choice by lot was published; and, in the manner already described in the election of counsellors, the forty men were drawn from one and the other council assembled, excluding, however, the magistrates; these forty suddenly retired to a secret chamber, where they were locked up from the consuls of the state and the merchants and bankers, that no one might, by word or letter, corrupt them; and if, through the whole night and the next day, by consent at least of twenty-seven of them they had not created a pretor, they lost the authority to elect; and the next day the pretor convoked the general council and the council of credenza, and from one and the other were deputed forty men, as before; and if these, to the number of twenty-seven, could not agree, the election and deputation of the pretor was referred to a suffrage or joint ballot of the general council and council of credenza.
The pretor might be elected from any city, at the pleasure of the council, provided he was not a relation of any of the electors as far as the third degree, nor possessed a real estate in Bologna or its territory, nor was less than six-and-thirty years of age; and it was an injunction always to elect a man of reputation, virtuous, noble, and wise.
Of right, according to the statute, a pretor could not be elected from the place of the antecedent pretor; yet this was sometimes practised; but he must not be his relation.
TO BE CONTINUED ...
AMERICA, continued ...
Italian Republics of the Middle Age, continued ...
CHAPTER SIXTH. BOLOGNA, continued ...
In the year 1123, the form of the republic of Bologna, the state of the city, and the customs of the citizens, were as follows.
Those who shall read their history, will easily perceive that this republic did not, in those ancient and rude times, administer the city scientifically, nor conduct skilfully the affairs of war.
“They elected three councils, a special council, a general council, and a council of credenza, in the authority of which, with their magistrates and judges, the supreme government consisted."
The special council was elected annually in this manner.
In the beginning of December the special and the general council were convoked, either by the consuls or by the pretor, according as one or the other of those officers happened to be in the government of the republic, in presence of whom, every one of the council, observing the order of his tribe, made his election and his drawing by lot.
For this purpose, there stood before a tribunal two urns, in one of which were placed to be drawn as many tickets as there were men of that tribe present in council, and on them their names were written; in the other were as many blanks, except ten written upon by the hands of two brothers, hermits of St. Augustin, deputed by the council for that purpose.
When the drawing was to be made of the first tribe, a boy of the age of twelve years, or less, drew a ticket from the principal urn, and the person whose name came out presented himself at the tribunal; the boy at the second urn drew another ticket, and if by chance it was blank, that person was excluded from the election of the council; but if the ticket was written upon, he became an elector; and this method was followed, until the ten black or written tickets declared the ten electors of that tribe.
This being done, the same was repeated by the men of the other tribes, one by one, until forty men, that is to say, ten for each tribe, were electors.
Then the forty electors retired to a secret place, and elected six hundred men, that is to say, one hundred and fifty for each tribe, excluding, however, the mean and poor artisans, occupied in low and base works, and minors of eighteen years; neither was any one obliged to accept of this office.
And these six hundred men then presented themselves as the special council.
In the same manner and order, in substance, in three days, the council of credenza was elected; but all the doctors of laws, without other qualification or appointment, might enter this council, and that of the six hundred.
After three days more, the general council were elected exactly in the same mode; but he who had been an elector in one council could not be an elector in another.
These councils assembled sometimes all together, and at other times separately, according to the nature of their business, and they assembled at the sound of a bell or trumpet.
There were provided by these councils three bells, the lesser, the middle, and the greater; for the special council the smaller bell was rung, for the council of credenza the middle, and for the council general the greater.
It was forbidden to the consul, or the pretor, to convoke the councils, if he had not previously ordered the business which was to be treated by the chancellor to be written in a book provided for that purpose.
When the council was collected, the chancellor publicly proposed the subject that was to be considered; and, this done, the orators, who were four, and stood near the tribunal of the magistrates, reasoned in public.
A like privilege was granted to the orators of the magistrates, who were also four; but this only touching the business of the magistrates, and their opinions, in answer to the question separately put to them, were written down, and called the resolution or division.
It was sometimes tolerated, when it appeared to be necessary, that private or individual magistrates should harangue in council, who, mounted in a pulpit, with a loud voice delivered their opinions; and upon the questions proposed by them a division was made, or a resolution taken.
These divisions were made in various ways.
Sometimes the opinion of every one was taken in secret, and written down by a notary, successively; at other times every one gave his vote openly and audibly, and frequently the decision was made by white and black beans; now, those of one opinion went to one side and those of a different judgment to the other; then one party stood up, and another sat down; and in these cases the voices were counted by the ministers publicly.
The will and resolution of the council being determined, the decree was published, and recorded in a book, and another council could not be convoked till this decree was made.
A number of notaries were employed; some to write the speeches and opinions, others to publish the decrees, and others to receive the laws.
Such were the usages of the councils of this republic, which was honored with the name of commons, or community.
“Of the magistrates, some were ordinary, others extraordinary; the ordinary were created and deputed every year in the republic, and were called the magistrates of the court; the extraordinary were those who were deputed for some extraordinary business."
The principal ordinary magistrates were the consuls of the community, or the pretor instead of them; the consuls of justice, the judges of the community, the attorney-general, the judges of appeals, the judges of new crimes, the judges of the office of exiles or outlaws, the judges of new causes, a judge who was the executioner of sentences, and the questor; and they all had their soldiers and notaries.
The extraordinary were the legates, curators, and syndics.
“The same mode was observed in the choice of consuls as of counsellors."
The election of pretor was in this manner.
In the month of September the councils, general and special, were called together at the pleasure of the magistrate; but before they convened, the day and hour that each tribe was to go out to the choice by lot was published; and, in the manner already described in the election of counsellors, the forty men were drawn from one and the other council assembled, excluding, however, the magistrates; these forty suddenly retired to a secret chamber, where they were locked up from the consuls of the state and the merchants and bankers, that no one might, by word or letter, corrupt them; and if, through the whole night and the next day, by consent at least of twenty-seven of them they had not created a pretor, they lost the authority to elect; and the next day the pretor convoked the general council and the council of credenza, and from one and the other were deputed forty men, as before; and if these, to the number of twenty-seven, could not agree, the election and deputation of the pretor was referred to a suffrage or joint ballot of the general council and council of credenza.
The pretor might be elected from any city, at the pleasure of the council, provided he was not a relation of any of the electors as far as the third degree, nor possessed a real estate in Bologna or its territory, nor was less than six-and-thirty years of age; and it was an injunction always to elect a man of reputation, virtuous, noble, and wise.
Of right, according to the statute, a pretor could not be elected from the place of the antecedent pretor; yet this was sometimes practised; but he must not be his relation.
TO BE CONTINUED ...
Re: JOHN ADAMS - DEFENSE OF U.S. CONSTITUTION
DEFENCE OF THE Constitution of Government of the United States of
AMERICA, continued ...
Italian Republics of the Middle Age, continued ...
CHAPTER SIXTH. BOLOGNA, continued ...
“The election ended and published to the councils, public letters were written to the pretor elect, requesting his acceptance of the honor that was offered him; and upon the day when he made his entry into the city, he was met and honored by all the people."
The pretor had the same prerogatives and authorities which the consuls had; and therefore, according to the times, the republic was governed sometimes by consuls and sometimes by pretors; and sometimes there were at once both consuls and a pretor, as appears by instruments signed both by the consuls and a pretor in the years 1177 and 1179.
It appears, that instead of consuls, the citizens sometimes turned to an election of a foreigner for a pretor, to compose the discord which arose between those of the citizens who abused their liberty, to the end that they might call delinquents to account, and punish with more severity, and not fluctuate so easily from love or hatred, fear or favor.
But because for the most part the pretors were not skilled in the laws, at first two, and afterwards four judges of the law were called to aid them; and the pretors were decorated with high hats, long swords, and a sceptre, to denote their power (potestà); and from this they were afterwards vulgarly called podestà.
Besides the consuls or the pretor, in whom resided the sum total of the republic in peace and war, certain other magistrates, as has been mentioned, governed, and the mode of electing them was the same.
Two tribes were called out to the lot one day, and the two others the next; and the deputed electors were prohibited to choose a father, son, brother, or any other relation, and moreover such as were inept, unskilful, or incapable of such government; and according as any one was elected, he was proclaimed with a loud voice in council.
To obviate all frauds which might be attempted, the ten written tickets being drawn, all the rest were examined in presence of the council, to see that there were no more than the law allowed.
It was provided by law, that no one could elect or proclaim a magistrate, who did not pay twenty pence into the purses of the treasury, which were exacted by the pretor; and it was forbidden to any one to accept of the office, if he had not been out of it one year.
None could be elected, but by that tribe in which he had his domicil; and every one who entered on a magistracy, took an oath to exercise his office with integrity and fidelity.
“Besides the magistrates already mentioned, there were those of the soldiery; the mode of electing whom was the same, but the government different."
The command in chief was given to the consuls or to the pretor.
The officers of the army among the cavalry, in the infantry, of the people, and lastly of the carroccio, were different.
The officers or prefects of the foot, of the horse, and of the people, because they carried a standard, (gonfalone,) were called gonfaloniers; and each one in his tribe was elected by his fellows, in the manner before described.
Moreover, some citizens served on foot, and some others on horseback; and those who performed the service of their own accord, did it more willingly than when deputed by commission of the magistrates to that purpose.
Wherefore, when any enterprise was undertaken by the military order, every one, whether of the foot or the horse, according to the necessity, went out under his own standard or ensign; and if the service required a greater appearance, each gonfalonier of the people led out his own tribe; and then it was said, that the people were gone out.
It rarely happened that all the tribes went out at once; but at one time, the infantry of one tribe; at another, the cavalry of another; now one whole tribe, and then another.
All the men were enrolled in the militia, from eighteen years of age to seventy, at which age men were released from all public offices, so as to be even rejected from the council.
And if by accident any old man, who exceeded that age, inconsiderately entered the council, the election was annulled.
In every parish, those who kept horses for war were described or registered in companies, by deputed muster-masters.
These companies, some of which were registered by tens, and some by twenty-fives, according to the number of the soldiers described by the muster-masters, at certain periods conducted their horses to officers deputed for the service, to be reviewed and approved; and notaries took down their names, with their furniture, and the quality of the horses.
“Military expeditions were of two sorts; one with squadrons or legions of light horse, the other with regular armies; and great was the difference between being ordered out upon an excursion of troopers, and an expedition with the army."
Because of the frequent excursions of the cavalry, it was ordained that in every tribe there should be public marshals or blacksmiths, and every master of a burgh should have ready and in order all the instruments for shoeing horses, to the end that the cavalry passing that way, and having occasion, might be always served.
The treasurer paid a certain stipend to every magistrate, and kept an account of the public revenues and all expenses.
The revenues consisted in tributes, gifts, and tolls or customs.
The gifts were upon the gates, bankers, lands, mills, oxen, &c.; and if the revenue was not sufficient for the expenses of the war, a tax was imposed, by order of the council, upon polls and estates, according to every man’s possessions and incomes.
Thus much concerning the ordinary magistrates.
TO BE CONTINUED ...
AMERICA, continued ...
Italian Republics of the Middle Age, continued ...
CHAPTER SIXTH. BOLOGNA, continued ...
“The election ended and published to the councils, public letters were written to the pretor elect, requesting his acceptance of the honor that was offered him; and upon the day when he made his entry into the city, he was met and honored by all the people."
The pretor had the same prerogatives and authorities which the consuls had; and therefore, according to the times, the republic was governed sometimes by consuls and sometimes by pretors; and sometimes there were at once both consuls and a pretor, as appears by instruments signed both by the consuls and a pretor in the years 1177 and 1179.
It appears, that instead of consuls, the citizens sometimes turned to an election of a foreigner for a pretor, to compose the discord which arose between those of the citizens who abused their liberty, to the end that they might call delinquents to account, and punish with more severity, and not fluctuate so easily from love or hatred, fear or favor.
But because for the most part the pretors were not skilled in the laws, at first two, and afterwards four judges of the law were called to aid them; and the pretors were decorated with high hats, long swords, and a sceptre, to denote their power (potestà); and from this they were afterwards vulgarly called podestà.
Besides the consuls or the pretor, in whom resided the sum total of the republic in peace and war, certain other magistrates, as has been mentioned, governed, and the mode of electing them was the same.
Two tribes were called out to the lot one day, and the two others the next; and the deputed electors were prohibited to choose a father, son, brother, or any other relation, and moreover such as were inept, unskilful, or incapable of such government; and according as any one was elected, he was proclaimed with a loud voice in council.
To obviate all frauds which might be attempted, the ten written tickets being drawn, all the rest were examined in presence of the council, to see that there were no more than the law allowed.
It was provided by law, that no one could elect or proclaim a magistrate, who did not pay twenty pence into the purses of the treasury, which were exacted by the pretor; and it was forbidden to any one to accept of the office, if he had not been out of it one year.
None could be elected, but by that tribe in which he had his domicil; and every one who entered on a magistracy, took an oath to exercise his office with integrity and fidelity.
“Besides the magistrates already mentioned, there were those of the soldiery; the mode of electing whom was the same, but the government different."
The command in chief was given to the consuls or to the pretor.
The officers of the army among the cavalry, in the infantry, of the people, and lastly of the carroccio, were different.
The officers or prefects of the foot, of the horse, and of the people, because they carried a standard, (gonfalone,) were called gonfaloniers; and each one in his tribe was elected by his fellows, in the manner before described.
Moreover, some citizens served on foot, and some others on horseback; and those who performed the service of their own accord, did it more willingly than when deputed by commission of the magistrates to that purpose.
Wherefore, when any enterprise was undertaken by the military order, every one, whether of the foot or the horse, according to the necessity, went out under his own standard or ensign; and if the service required a greater appearance, each gonfalonier of the people led out his own tribe; and then it was said, that the people were gone out.
It rarely happened that all the tribes went out at once; but at one time, the infantry of one tribe; at another, the cavalry of another; now one whole tribe, and then another.
All the men were enrolled in the militia, from eighteen years of age to seventy, at which age men were released from all public offices, so as to be even rejected from the council.
And if by accident any old man, who exceeded that age, inconsiderately entered the council, the election was annulled.
In every parish, those who kept horses for war were described or registered in companies, by deputed muster-masters.
These companies, some of which were registered by tens, and some by twenty-fives, according to the number of the soldiers described by the muster-masters, at certain periods conducted their horses to officers deputed for the service, to be reviewed and approved; and notaries took down their names, with their furniture, and the quality of the horses.
“Military expeditions were of two sorts; one with squadrons or legions of light horse, the other with regular armies; and great was the difference between being ordered out upon an excursion of troopers, and an expedition with the army."
Because of the frequent excursions of the cavalry, it was ordained that in every tribe there should be public marshals or blacksmiths, and every master of a burgh should have ready and in order all the instruments for shoeing horses, to the end that the cavalry passing that way, and having occasion, might be always served.
The treasurer paid a certain stipend to every magistrate, and kept an account of the public revenues and all expenses.
The revenues consisted in tributes, gifts, and tolls or customs.
The gifts were upon the gates, bankers, lands, mills, oxen, &c.; and if the revenue was not sufficient for the expenses of the war, a tax was imposed, by order of the council, upon polls and estates, according to every man’s possessions and incomes.
Thus much concerning the ordinary magistrates.
TO BE CONTINUED ...
Re: JOHN ADAMS - DEFENSE OF U.S. CONSTITUTION
DEFENCE OF THE Constitution of Government of the United States of
AMERICA, continued ...
Italian Republics of the Middle Age, continued ...
CHAPTER SIXTH. BOLOGNA, continued ...
“The extraordinary were always elected by the pretor, as the ambassadors, directors of public works, and the syndics."
No magistrate could go upon an embassy; and to any one who was sent out of the territory upon an embassy, they assigned three horses, two notaries, and one cook.
If the embassy was to the pope or the emperor, the expense, attendants, and servants, were ordered at the discretion of the council.
A commission was given the ambassador in writing, and the whole legation was governed by instructions.
It was ordained in general terms, that no one should petition or seek to be created of the number of magistrates; and if any one was known to seek it, his conduct was publicly related in council, and it was reproached to him as the greatest infamy.
The officers of state, with the title of podestà, with their judges and notaries, were elected partly from the mountains, and partly from the plains or low lands.
The castles which were subject to the Bolognese elected also their own consuls, and, when they were commanded, went to war with them, and carried various standards.
All the burdens and tributes were much heavier upon them than upon the citizens, excepting only some persons who, for particular merit, had been exempted by the council.
“There were many colleges or companies in the city, as that of the merchants, the goldsmiths, and the artificers."
The merchants and goldsmiths created their own consuls, and the companies of artificers appointed their own treasurers; and those who were able to do it assembled together in associations for the promotion of commerce and improvement in the arts.
The people and the city afterwards increasing, there were elected certain colleges of arms, one called that of the Lombards, another della Branca, and another del Griffone; and these had the care of the arms of the republic, and were decorated by the city with many privileges; and the foreigners who were of these companies were made citizens of Bologna, if they had been householders in the city ten years, and might be of the council of the commons, stewards of companies, and magistrates, equally with other citizens.
The greatest part of the laborers in the country were slaves of the nobles, from which servitude, however, they were afterwards liberated, the community paying a certain sum of money to their masters.
“All these particulars of their constitution were found in the ancient customs, or the privileges granted or confirmed by the emperors, or in the decrees of the councils, or in the laws of the city; the former were called reformationi, the latter statuti."
The decrees were those ordinances which, at the prayer of the pretor, were adopted by the councils, or made by him and approved by them.
The laws were no other than the ordinances made by the legislators, who were called statutieri.
No ordinary magistrate was of these legislators, but they were deputed, according to the wants of the city, from time to time, and, after the example of the Athenians, reviewed the old laws, and altered, amended, accommodated, and reformed them, according to their judgment.
The laws which these legislators made were reported to the council, by them recited publicly to the people, and written in the volumes of civil law, which to this day are called the Statuto.
This constitution was preserved till after the year 1250.
“The houses were of wood, without much ornament or skill in architecture; and from this cause they were frequently exposed to terrible fires."
"Among all the buildings, the most noble objects were the steeples built upon the churches, and the towers built by all the principal citizens."
"The frequent fires, and the common calamities of Italy, the deluges of water, and the frequent exiles of the citizens, are supposed to have destroyed many objects, and buried in oblivion many facts worthy of eternal remembrance.”
TO BE CONTINUED ...
AMERICA, continued ...
Italian Republics of the Middle Age, continued ...
CHAPTER SIXTH. BOLOGNA, continued ...
“The extraordinary were always elected by the pretor, as the ambassadors, directors of public works, and the syndics."
No magistrate could go upon an embassy; and to any one who was sent out of the territory upon an embassy, they assigned three horses, two notaries, and one cook.
If the embassy was to the pope or the emperor, the expense, attendants, and servants, were ordered at the discretion of the council.
A commission was given the ambassador in writing, and the whole legation was governed by instructions.
It was ordained in general terms, that no one should petition or seek to be created of the number of magistrates; and if any one was known to seek it, his conduct was publicly related in council, and it was reproached to him as the greatest infamy.
The officers of state, with the title of podestà, with their judges and notaries, were elected partly from the mountains, and partly from the plains or low lands.
The castles which were subject to the Bolognese elected also their own consuls, and, when they were commanded, went to war with them, and carried various standards.
All the burdens and tributes were much heavier upon them than upon the citizens, excepting only some persons who, for particular merit, had been exempted by the council.
“There were many colleges or companies in the city, as that of the merchants, the goldsmiths, and the artificers."
The merchants and goldsmiths created their own consuls, and the companies of artificers appointed their own treasurers; and those who were able to do it assembled together in associations for the promotion of commerce and improvement in the arts.
The people and the city afterwards increasing, there were elected certain colleges of arms, one called that of the Lombards, another della Branca, and another del Griffone; and these had the care of the arms of the republic, and were decorated by the city with many privileges; and the foreigners who were of these companies were made citizens of Bologna, if they had been householders in the city ten years, and might be of the council of the commons, stewards of companies, and magistrates, equally with other citizens.
The greatest part of the laborers in the country were slaves of the nobles, from which servitude, however, they were afterwards liberated, the community paying a certain sum of money to their masters.
“All these particulars of their constitution were found in the ancient customs, or the privileges granted or confirmed by the emperors, or in the decrees of the councils, or in the laws of the city; the former were called reformationi, the latter statuti."
The decrees were those ordinances which, at the prayer of the pretor, were adopted by the councils, or made by him and approved by them.
The laws were no other than the ordinances made by the legislators, who were called statutieri.
No ordinary magistrate was of these legislators, but they were deputed, according to the wants of the city, from time to time, and, after the example of the Athenians, reviewed the old laws, and altered, amended, accommodated, and reformed them, according to their judgment.
The laws which these legislators made were reported to the council, by them recited publicly to the people, and written in the volumes of civil law, which to this day are called the Statuto.
This constitution was preserved till after the year 1250.
“The houses were of wood, without much ornament or skill in architecture; and from this cause they were frequently exposed to terrible fires."
"Among all the buildings, the most noble objects were the steeples built upon the churches, and the towers built by all the principal citizens."
"The frequent fires, and the common calamities of Italy, the deluges of water, and the frequent exiles of the citizens, are supposed to have destroyed many objects, and buried in oblivion many facts worthy of eternal remembrance.”
TO BE CONTINUED ...
Re: JOHN ADAMS - DEFENSE OF U.S. CONSTITUTION
DEFENCE OF THE Constitution of Government of the United States of
AMERICA, continued ...
Italian Republics of the Middle Age, continued ...
CHAPTER SIXTH. BOLOGNA, continued ...
There are greater traces of an artificial and scientific legislation in this constitution, than in either that of Florence or Siena; nevertheless, all authority, legislative, executive, and judicial, was in one council; for, when the special and general council met together, they acted as one, and when one met alone, it acted as sovereign; the podestà, and his judges and notaries, were only deputies of the council.
Although so much pains was taken, by mixing lot with choice, by rotations, and other prudent precautions, to prevent ambition, faction, and sedition from entering, all was ineffectual.
Omitting most of the wars, foreign and domestic, we may select a few instances from whence the operation of this form of government may be evinced.
“Henry V., as he was called, but of Germany the Sixth, after his succession to his father Frederick, passing through Bologna with Constantia his wife, in his way to Rome to receive the imperial crown, was magnificently received by the people, and entertained by Gerardo, Bishop of Bologna, in the bishop’s palace; in acknowledgment of his kind reception, he gave to Gerardo the title of Prince, which was afterwards retained by the bishops of Bologna."
Henry was not only crowned as emperor, but with much ceremony invested with the kingdom of the two Sicilies, as the inheritance of his wife Constantia.
“In the next year, Gerardo, Bishop of Bologna, by his favor with the emperor and the pope, and the privileges he had obtained for the city, was grown into such reputation for justice and virtue with all men, that he was constituted pretor with great popularity, and in the beginning of his dignity he contracted a friendship with Albert, the Count of Prato, and made a treaty for mutual defence."
Gerardo having the first year administered in such a manner as to be thought a bright example of a good and moderate ruler, seemed a little afterwards to be changed in his whole nature, began to desire innovation, and openly to favor the plebeians, oppressing the nobles and first men of the city.
This gave occasion to grave disorders and seditions; for the patricians, who had conferred the office upon him, and were accustomed and habituated to the command of others, could not easily tolerate this injury and the evident partiality of the pretor; so they assembled in the palace, and created twelve consuls, men of great authority in Bologna.
“Gerardo, hearing of the election of consuls, was in high wrath, and began to threaten them with his frown; but they quickly published to the people that he was deposed from the office of pretor."
"Giacomo Orsi, a powerful citizen, and a favorer of Gerardo, collected a company of armed men, and attempted to oppose the resolution of the consuls and patricians; whereupon Specialino Griffoni, not less celebrated in letters than in arms, and one who was studious and intent upon maintaining the republic, turned round to the nobles, and harangued them as follows: ‘Is it consistent with our duty or our honor, fellow-citizens, to suffer that authority which for three hundred years and more we have enjoyed, of directing this our republic, to be wrested from us by a private person, placed by us alone in the government of it, for the general safety of the city?'"
"'Shall we submit to become like the vilest populace, esteemed of no importance or authority, and subjected to that Gerardo, to whom we are and forever shall be objects of jealousy and terror, so long as our republic shall remain safe and sound?'"
"'Rouse up your spirits at once; never think of bearing this insupportable tyranny; and let the object itself, and the opportunity of the moment, stir you to this enterprise, infinitely more than my words; and accept of me, according to your pleasure, either as a soldier or a captain in the service to which I am willing to devote my soul and body.’”
Amidst all this aristocratical thunder, the still voice of reason and experience whispers to a candid reader the probability that the nobles were more tyrannical than Gerardo; that the people were impatient under it; Gerardo disposed to alleviate their burdens; and the nobles thence alarmed with the apprehension of a master over themselves, rather than over the people.
“The speech being ended, he seized his arms, and, accompanied by the consuls and the greater part of the nobles, marched to the bishop’s palace."
"Giacomo Orsi, with those devoted to him, opposing them in arms, they came to action; but Giacomo, not being able to resist the impetuosity of the assailants, with great difficulty saved himself, with Gerardo, by flying from the city."
"The consuls, disappointed by their flight, were the more exasperated; and seeing Orsi out of their power, they declared him a rebel against the republic, confiscated all his property, and ordered his house and tower to be razed to the ground.”
TO BE CONTINUED ...
AMERICA, continued ...
Italian Republics of the Middle Age, continued ...
CHAPTER SIXTH. BOLOGNA, continued ...
There are greater traces of an artificial and scientific legislation in this constitution, than in either that of Florence or Siena; nevertheless, all authority, legislative, executive, and judicial, was in one council; for, when the special and general council met together, they acted as one, and when one met alone, it acted as sovereign; the podestà, and his judges and notaries, were only deputies of the council.
Although so much pains was taken, by mixing lot with choice, by rotations, and other prudent precautions, to prevent ambition, faction, and sedition from entering, all was ineffectual.
Omitting most of the wars, foreign and domestic, we may select a few instances from whence the operation of this form of government may be evinced.
“Henry V., as he was called, but of Germany the Sixth, after his succession to his father Frederick, passing through Bologna with Constantia his wife, in his way to Rome to receive the imperial crown, was magnificently received by the people, and entertained by Gerardo, Bishop of Bologna, in the bishop’s palace; in acknowledgment of his kind reception, he gave to Gerardo the title of Prince, which was afterwards retained by the bishops of Bologna."
Henry was not only crowned as emperor, but with much ceremony invested with the kingdom of the two Sicilies, as the inheritance of his wife Constantia.
“In the next year, Gerardo, Bishop of Bologna, by his favor with the emperor and the pope, and the privileges he had obtained for the city, was grown into such reputation for justice and virtue with all men, that he was constituted pretor with great popularity, and in the beginning of his dignity he contracted a friendship with Albert, the Count of Prato, and made a treaty for mutual defence."
Gerardo having the first year administered in such a manner as to be thought a bright example of a good and moderate ruler, seemed a little afterwards to be changed in his whole nature, began to desire innovation, and openly to favor the plebeians, oppressing the nobles and first men of the city.
This gave occasion to grave disorders and seditions; for the patricians, who had conferred the office upon him, and were accustomed and habituated to the command of others, could not easily tolerate this injury and the evident partiality of the pretor; so they assembled in the palace, and created twelve consuls, men of great authority in Bologna.
“Gerardo, hearing of the election of consuls, was in high wrath, and began to threaten them with his frown; but they quickly published to the people that he was deposed from the office of pretor."
"Giacomo Orsi, a powerful citizen, and a favorer of Gerardo, collected a company of armed men, and attempted to oppose the resolution of the consuls and patricians; whereupon Specialino Griffoni, not less celebrated in letters than in arms, and one who was studious and intent upon maintaining the republic, turned round to the nobles, and harangued them as follows: ‘Is it consistent with our duty or our honor, fellow-citizens, to suffer that authority which for three hundred years and more we have enjoyed, of directing this our republic, to be wrested from us by a private person, placed by us alone in the government of it, for the general safety of the city?'"
"'Shall we submit to become like the vilest populace, esteemed of no importance or authority, and subjected to that Gerardo, to whom we are and forever shall be objects of jealousy and terror, so long as our republic shall remain safe and sound?'"
"'Rouse up your spirits at once; never think of bearing this insupportable tyranny; and let the object itself, and the opportunity of the moment, stir you to this enterprise, infinitely more than my words; and accept of me, according to your pleasure, either as a soldier or a captain in the service to which I am willing to devote my soul and body.’”
Amidst all this aristocratical thunder, the still voice of reason and experience whispers to a candid reader the probability that the nobles were more tyrannical than Gerardo; that the people were impatient under it; Gerardo disposed to alleviate their burdens; and the nobles thence alarmed with the apprehension of a master over themselves, rather than over the people.
“The speech being ended, he seized his arms, and, accompanied by the consuls and the greater part of the nobles, marched to the bishop’s palace."
"Giacomo Orsi, with those devoted to him, opposing them in arms, they came to action; but Giacomo, not being able to resist the impetuosity of the assailants, with great difficulty saved himself, with Gerardo, by flying from the city."
"The consuls, disappointed by their flight, were the more exasperated; and seeing Orsi out of their power, they declared him a rebel against the republic, confiscated all his property, and ordered his house and tower to be razed to the ground.”
TO BE CONTINUED ...