William Klapp Williams - The Communes of Lombardy from the VI. to the X. Century

HERBERT B. ADAMS, Editor

History is past Politics and Politics present History.Freeman

The Communes of Lombardy from the VI. to the X. Century

May, June, 1891

"Est error spretus, quo Langobarda juventus
Errabat, verum loquitur nunc pagina sensum."

RHOTARI: Legum Prologus.

Before tracing the beginnings of renewed municipal life in Northern Italy, we must consider the conditions of land and people, which first rendered possible and then fostered the spirit of local independence of which such beginnings were the natural expression. To do this we must commence our researches with the first domination of the Lombards in the country.

In detail the story of the conquest of Northern Italy by the Lombards under Alboin, in 568, hardly differs materially from that of the inroads of other barbarian tribes of the north on the fertile plains of Italy. The causes were the same. Where the distinction is to be found from other such invasions, is in the results of the Lombard occupation, and in the different methods which the Lombards adopted so as to render their power and their possessions permanent. Let us look at the character of this invading host, which sweeps like a tide, at once destroying and revivifying, over the exhausted though still fertile plains of the Po and the Adige. Are we to call it a moving people or an advancing army? Are we to call its leaders (duces, from ducere to lead), heads of clans and families, or captains and generals? Finally, is the land to be invaded, or is the land to be settled? To all these questions the only answer is to be found in the conception of the absolute union of both the kinds of functions described. A people is moving from a home whose borders have proved too narrow for its increasing numbers; an army is conquering a new home, where plenty will take the place of want, and luxury of privation. It is not an army marching at the command of a strongly centralized power to conquer a rich neighbor, and force a defeated enemy to pay it service or tribute. It is a body which, when it has conquered as an army, will occupy as a people; when it is established as a people, will still remain an army. The sword was not turned into the ploughshare; but the power to wield the sword had given the right to till the land, and soon the power to hold the land was to give the right to wear the sword. It was the conquest of a highly civilized agricultural peoplewhose very civilization had reduced them to a stage of moral weakness which rendered them totally unfit to defend themselvesby a semi-barbarous people, agricultural also, but rude, uncivilized, independent, owning no rulers but their family or military chiefs.

The conquerors took possession of the country simply as they would take possession of a larger farm than they had before owned. Their riches were only such as served for the support of menherds, land, wine and corn. They needed cultivators for their large farm, so instead of destroying every one with fire and sword, they spared those of the weak inhabitants of the land who had survived the first onslaught, in order that they might make use of farmers to cultivate their new possessions. In most cases they did not make slaves of them, but tributaries; and after the land had been portioned evenly among the soldiers of the invading host, the original holders of the land tilled it themselves, under a system somewhat kindred to the metayer system as to-day existent in Tuscany and elsewhere, paying, according to the usual custom adopted by the northern conquerors of Italy, one-third of the produce[1] to their new masters. The whole organization of society was on a purely military basis; the soldiers of the conquering army, although they became landed proprietors, none the less retained their character and name of soldiers. Hence when these crude forms of social life began to crystallize into the carefully marked ranks of the feudal system, the "milites"[2] formed the order of gentlemen, the smaller feudatories, who gave land in fief to their vassalsgenerally the old inhabitantswhile holding their own nominally from the "duces," or dukes, the representatives of their former leaders in war, who held their tenure direct from the king or chief.

As the object of this paper is particularly to trace the origin and early sources of municipal life in Northern Italy, let us turn and see what were the effects on the already existing towns, of the inroads of these hordes of northern barbarians. At the outset I must state emphatically that all our sources of information as to the institutional history of this obscure period are exceedingly vague, meagre and unsatisfactory. The progress of events we can follow with more or less accuracy from the mazy writings of the early chroniclers; we can get a fair idea of the judicial and the legislative acts of the ruling powers by studying and comparing the different codes of laws that have come down to us; but in a study of the internal municipal life of these early ages, the student meets again and again with increasing discouragement, and soon finds himself almost hopelessly lost in a tangle of doubts and inferences.

In the almost total want of direct evidence, from casual mention gleaned from the writings of the chroniclers, and from occasional references in the law codes to municipal offices and regulations, enough indirect evidence must be sought, to enable us, by the aid of our powers of reasoning, if not of our imagination, to build up some history, defective though it be, of municipal life, down to the time when the internal growth and importance of the cities rendered them sufficiently prominent political factors to have their deeds and their progress chronicled. Besides, if we consider the modes by which the communes slowly rose to independence, it will easily be seen that to have every step of this slow and almost secret advance chronicled and given to the world, would have been entirely contrary to the policy of the cities. These hoped to gain by the neglect of their rulers, and while clinging pertinaciously to every privilege ever legally granted, to claim new ones constantly, putting forth as their sole legal title that slippery claim of precedent and time-honored custom. In that age, books of reference to prove such claims would have been found alike inconvenient and unnecessary. All the city folks wished was to be forgotten and ignored by their superiors, as any notice vouchsafed them was sure to come only in the restraint of some assumed privilege or the curtailing of some coveted right.

Hence the principal cause of the poverty of record through all this period of slow if steady growth; and the disappointed investigator must in some measure console himself with such a reason. It may be asked, what of the various local histories of different towns, whose authors seldom fail to give highflown accounts of their native cities, even in the remotest and darkest ages of their history? To this question there is a double answer: in the first place the uttermost caution must be enjoined in using such material; not only in separating fact from baseless tradition of a much later period, but in making large allowance for the heavy strain which a strong feeling of local patriotism, or civism, puts upon the conscience of the author. In the second place it must be remembered that most of such histories, or at least of the monkish or other records from which they derive their source and most of their material, were written to the glory or under the auspices of some dominant noble family or ecclesiastical institution, to whose laudation in ages past and present the humble author devotes all the resources of his mind, and I am afraid far too often of his imagination.