Foreign judges and communal authorities in the legislative and legal space of florence in the second half of the 14th century

Abstract

The article attempts to consider the actions of two communal systems of power — foreign officials: the Podestà, the Captain of the People and the Executor of the Institutions of Justice, as well as communal structures formed in 1293 — the Signoria as part of the Priory, headed by the Honfalonier of Justice and the colleges of 12 good husbands and 16 gonfaloniers of companies, in a difficult period of changing political regimes in the second half of the 14th century. The main problem of the research is the practice of the application of law and power in the context of a relatively wide communal democracy, multi-power and frequent turnover of the Signoria (every 2 months). Before each composition of the Signoria, there was a temptation at critical moments not to apply legal norms, especially in the sphere of punitive jurisdiction, and not to use powers of authority to punish and suppress their fellow citizens. In this regard, the members of the Signoria especially needed foreign officials, whose importance increase d in crisis situations, which gave rise to dictatorial inclinations and abuse of power by the Podestà and the Captains of the People.