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longer appointed, at least are not found in the re-
cords, till the time when the office of captain of
the people was created. This institution in Pis-,
toia happened when the Guelph party, by an in.
crease of their numbers and itrength, acquired the
superiority of the Ghibellines; at which time, with
a great concourse and tumult of the people, the
lordship was taken from the podesta, nothing was
left him but the burden of hearing and determin-
ing civil causes, and the twelve anziani of the
people were instituted, and the authority of the
confuls was transferred to them.

The last appearance of the consuls in the re1248. cords of Pistoia is in 1248, and the first of the 1267. captain of the people in 1267; when it is said in

the statute, that the captain of the people was the
firit ruler of the city, and the primary defender of
its riglacs, and that he oughe chiefly to watch over
the conservation of the peace; that he was the
judge of appeals, and of all causes in the second
inftance; that he had cognizance of crimes;
that he governed with supreme authority, united
with that of the anziani ; that he kept a court, of
the same kind as that of the podesta, but more
numerous ; and that the city gave him, for orna-
ment and defence, three hundred of the best and
ablest. men, who, taking an oath of fidelity to
him, stood continually in his service. * The elec-
tion of this ruler was to be made by the anziani,
in the person of some foreigner, and not of any
citizen of Pistoia. Notwithstanding that some of
.the primary citizens did in fact obtain this office,
as appears by the records, the anziani were

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* Volumus quod eligantur 300 boni homines de popolo Pistoriense, de melioribus et potentioribus, pro manutentione et defenfione capitanei. Rubrica cento delle Legge del 1274.

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(worn not to elect any man of Tuscany, or Pirtoia, its district, or other place adjoining to the city or its bishopric. The words of the law, in the twelfth rubric of 1267, are, “ Nos anthiani populi Pistoriensis, juramus, fine aliquo intellectu nobis dato, vel dando eligi, vel eligi facere nobis, ob Pist. unum bonum et virum prudentem majore 30 ann. in noftrum capitaneum populi devotum, et fidelem ecclefiæ, qui non fit de civitate Pistorii, vel districtu, et qui non sit de Tuscia .... vel de aliqua terra, quæ confinet cum civitate, vel episcopatu, vel districtu Pistorii.” And this dignity of captain of the people was in such reputation, that, in many places, princes were chosen, and sometimes even the pontifts; and such perfonages, by means of their vicars, often exercised it. The captain of the people, therefore, being the conservator of the peace, and the defender of the rights of the city, the Pistoians, to give him a strong arm to bridle those who had unquiet and restless brains, thought it necessary to create certain companies of armed men, who, at the found of a bell, should be obliged to run together into the piazza, there to receive and execute the orders which should be given them by this officer and the anziani, without whose permission they were not allowed to depart. These companies were called by the name of the Equestrian and Pedestrian Orders, because they were composed both of horsemen and footmen. These companies were afterwards augmented to twelve, in the proportion of three for each quarter, which embraced an infinite number of people; and every company had two captains, one gonfalonier, whose office was to carry the standard of his company, and four counsellors; and it was the duty of the captain of the people to procure the election of these officers, as

is afferted in the statute of 1267, rubric 19:
“ Teneatur capitaneus del popolo, primo mense
fui regiminis, eligi facere duos capitaneos, unum
gonfalonerium, et quatuor confilarios pro quali-
bet compagnia civit. Pift. pro factis ipfius com-
pagniæ." And in the additional laws of 1286,
eight priors were added to these companies, two
for each quarter; and other orders were made for
the good regulation of this militia.

The twelve anziani were created with the same
authority and full power which the consuls had
held ; but the precise year when the former were
appointed and the latter laid aside cannot be af-

certained. The last memorial on record of the 1248. consuls is in 1248; the first of the anziani in 1263; 1263. so that the change must have been made in the

course of these fifteen years. The number of

members of which the new magistrature was com1267. posed, appears by a law of 1267: • Ordinamus

quod 12 anthiani populi civit. Pift. sint et effe de-
beant in civitate Pistoria.” These twelve magif-

trates were renewed every two months; and after1277• wards, as appears by a law of 1277, it was esta

blished, that the anzianate should not continue
longer than one month; and this magistrature of
the anziani was elected by a council of the people
of two hundred, by the rectors of the arts, and by
their counsellors, and by the captains, gonfalo-
niers, and counsellors of the companies of the
people, and by the anziani pro tempore. The
head of the anziani was, in the primitive times,
called prior, and not gonfalonier. The prior
being the first dignity among the anziani, each
member enjoyed it in rotation for an equal number
of days, as the president's chair of the States Ge-
neral is filled by all the members in turn for one
week, at the Hague. This prior hath great autho-

2

rity, as appears by a law of 1267, written in the 37th rubric: “ Anthiani teneantur facere, et faciant inter se, unum priorem de ipsis anthianis ad. jectum ipsis, ficut eis videbitur de tempore, cui cæteri anthiani pareant, et parere debeant, et obedire; et qui contrafecerit puniatur a priore anthianorum.” Although the name of gonfalonier appears in the records of some of these years, yet certainly he was not the head of the anziani, but of the arts: thus, in the law of 1283, "Item ca- 1283. pitaneus debeat spendere et affignare gonfalonem gonfaloneriis electis, vel eligendis, ab unaquaque arte et populo.... ita quod unaquæque ars suos gonfalonerios et officiales habeat." From this it clearly appears, that these gonfaloniers were the heads of the arts, and not of the supreme magiftrature of the anziani ; which gonfaloniers were elected by the council of the people of two hundred, by the rectors of the arts, and by their counsellors, and by the captains, gonfaloniers, and counsellors of the companies of the people, and by the anziani for the time being. These anziani, fitting together with the captain of the people, and the general council of the people, promulgating laws and statutes, gave execution to all the laws, civil and criminal, performed and conducted all the most important affairs relating to the government, and restrained the nobles and plebeians with the fear of punishment, within the limits of respect and obedience :* that is to say, all authority, legislative, executive, and judicial, was collected together in one single assembly. But how they restrained the nobles and plebeians to obedience we shall foon fee.

In the year 1329, these anziani are called in 1329.

# Fioravanti, p. 21. .

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the records Imperial Counsellors (Consiglieri Ima
periali), a remarkable title, obtained probably
from the emperor Louis of Bavaria, when, after
the death of Caftruccio, he placed one of his im-
perial vicars over the custody of the city of Pir-
toia.

The dignity of gonfalonier of justice was pro

bably instituted in the year 1295, because in the 1296. next year, 1296, in the a&ts of council it is re

corded, “ De consilio et consensu et auctoritate
dominorum anthianorum et vexilliferi justitiæ po.

puli, et auctoritate ducentorum consiliarorum.” 1330.

The new laws of 1330 name a gonfalonier of justice, and eight anziani. It is resolved, that the anziani of the commons, and people of the city of Pistoia, are and ought to be eight only, viz. two for each gate or quarter, and one gonfalonier of justice for the whole city ... The laid lords, the anziani, and the gonfalonier of justice, and their notaries, are and ought to be of the best popular men and artificers of the city, and not of any house of the grandees.* And the authority of the gonfalonier of justice was placed upon an equality with that of the anziani. The law ordained, that whenever, in the statutes of the commons and people, mention is made of the anziani, the same shall be understood of the gonfalonier of, justice, although he be not written ; and in all things and every where, he shall have the same authority, and full power (balia) as has one of the anziani, besides his proper office. And to show that the gonfalonier of justice was not, in the beginning, superior to the anziani, it appears that,

* Di&ti domini anthiani, et vexilliferi justitiæ, et eorum notarii, fint et esse debeant de melioribus popularibus et artificibus dictæ civitatis, et non de aliqua domo magnata.. Fiorayapti, p.25.

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