longer appointed, at least are not found in the records, till the time when the office of captain of the people was created. This inftitution in Pif-. toia happened when the Guelph party, by an in crease of their numbers and itrength, acquired the fuperiority of the Ghibellines; at which time, with a great concourfe and tumult of the people, the lordship was taken from the podefta, nothing was left him but the burden of hearing and determining civil caufes, and the twelve anziani of the people were instituted, and the authority of the confuls was transferred to them. The laft appearance of the confuls in the re1248. cords of Piftoia is in 1248, and the first of the 1267. captain of the people in 1267; when it is faid in the ftatute, that the captain of the people was the first ruler of the city, and the primary defender of its rights, and that he ought chiefly to watch over the confervation of the peace; that he was the judge of appeals, and of all caufes in the fecond inftance; that he had cognizance of crimes; that he governed with fupreme authority, united with that of the anziani; that he kept a court, of the fame kind as that of the podefta, but more numerous; and that the city gave him, for ornament and defence, three hundred of the best and ableft. men, who, taking an oath of fidelity to him, ftood continually in his fervice. The election of this ruler was to be made by the anziani, in the perfon of fome foreigner, and not of any citizen of Pistoia. Notwithstanding that fome of the primary citizens did in fact obtain this office, as appears by the records, the anziani were *Volumus quod eligantur 300 boni homines de popolo Piftorienfe, de melioribus et potentioribus, pro manutentione et defenfione capitanei. Rubrica cento delle Legge del 1274. fworn fworn not to elect any man of Tufcany, or Piftoia, its diftrict, 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 Piftorienfis, 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 fit de Tufcia.... vel de aliqua terra, quæ confinet cum civitate, vel epifcopatu, vel diftri&tu Piftorii." And this dignity of captain of the people was in fuch reputation, that, in many places, princes were chofen, and fometimes even the pontiffs; and fuch perfonages, by means of their vicars, often exercised it. The captain of the people, therefore, being the confervator of the peace, and the defender of the rights of the city, the Piftoians, to give him a ftrong arm to bridle those who had unquiet and reftlefs brains, thought it neceffary to create dertain companies of armed men, who, at the found of a bell, fhould be obliged to run together into the piazza, there to receive and execute the orders which fhould be given them by this officer and the anziani, without whofe permiffion they were not allowed to depart. Thefe companies were called by the name of the Equeftrian and Pedeftrian Orders, because they were compofed both of horfemen and footmen. Thefe 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, whofe office was to carry the ftandard of his company, and four counfellors; and it was the duty of the captain of the people to procure the election of thefe officers, as 1 1 is afferted in the ftatute of 1267, rubric 19: "Teneatur capitaneus del popolo, primo menfe fui regiminis, eligi facere duos capitaneos, unum gonfalonerium, et quatuor confilarios pro qualibet compagnia civit. Pift. pro factis ipfius compagnie." 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 fame authority and full power which the confuls had held; but the precife year when the former were appointed and the latter laid afide cannot be afcertained. The last memorial on record of the 1248. confuls is in 1248; the first of the anziani in 1263; 1263. fo that the change must have been made in the course of these fifteen years. The number of members of which the new magiftrature was com 1267. pofed, appears by a law of 1267: Ordinamus quod 12 anthiani populi civit. Pift. fint et effe debeant in civitate Piftoria." These twelve magiftrates were renewed every two months; and after1277. wards, as appears by a law of 1277, it was establifhed, that the anzianate fhould not continue longer than one month; and this magiftrature 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, gonfaloniers, 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 prefident's chair of the States General is filled by all the members in turn for one week, at the Hague. This prior hath great autho rity, as appears by a law of 1267, written in the the government, and restrained the nobles and plebeians with the fear of punishment, within the limits of refpect and obedience:* that is to fay, all authority, legislative, executive, and judicial, was collected together in one fingle affembly. But how they reftrained the nobles and plebeians to obedience we fhall foon fee. In the year 1329, these anziani are called in 1329. Fioravanti, p. 212. the the records Imperial Counsellors (Configlieri Im periali), a remarkable title, obtained probably from the emperor Louis of Bavaria, when, after the death of Caftruccio, he placed one of his imperial vicars over the cuftody of the city of Piftoia. The dignity of gonfalonier of juftice was probably inftituted in the year 1295, because in the 1296. next year, 1296, in the acts of council it is recorded, "De confilio et confenfu et auctoritate dominorum anthianorum et vexilliferi juftitiæ po. puli, et auctoritate ducentorum confiliarorum." 1330. The new laws of 1330 name a gonfalonier of justice, and eight anziani. It is refolved, 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 faid lords, the anziani, and the gonfalonier of juftice, and their notaries, are and ought to be of the best popular men and artificers of the city, and not of any houfe of the grandees. And the authority of the gonfalonier of juftice was placed upon an equality with that of the anziani. The law ordained, that whenever, in the ftatutes of the commons and people, mention is made of the anziani, the fame fhall be understood of the gonfalonier of, juftice, although he be not written; and in all, things and every where, he fhall have the fame authority, and full power (balia) as has one of the anziani, befides his proper office. office. And to fhow that the gonfalonier of juftice was not, in the beginning, fuperior to the anziani, it appears that, *Dicti domini anthiani, et vexilliferi juftitiæ, et eorumnotarii, fint et effe debeant de melioribus popularibus et artificibus dictae civitatis, et non de aliqua domo magnata.. Fioravanti, p. 21. after |