Otto di guardia e balìa del Principato

Item

Country

IT

Name of institution (English)

State Archives of Florence

Name of institution (official language of the state)

Language of name of institution

ita

Contact information: postal address

Viale Giovine Italia 6, 50122 Florence

Contact information: phone number

0039 055263201

Contact information: web address

Contact information: email

asfi@archiviodistato.firenze.it

Reference number

Otto di guardia e balìa del Principato

Type of reference number

Archival reference number

Title (English)

Otto di guardia e balìa of the Principato

Title (official language of the state)

Otto di guardia e balìa del Principato

Language of title

ita

Creator / accumulator

Otto di guardia e balìa

Date(s)

1532/1777

Language(s)

ita
lat

Extent

2,860 storage units

Type of material

Textual Material

Scope and content

This fonds comprises records produced by the Otto di guardia e balìa magistrature since the establishment of the Medici Principato until 1777. It is essentially composed of documents regarding criminal affairs and it is divided into several series, namely: Deliberazioni (resolutions), Negozi diversi (various affairs); Processi criminali (criminal trials); Sentenze, condanne e bandi (sentences, condemnations and bans); Suppliche (pleas); and Affari straordinari (extraordinary affairs). Considering the competencies of the Otto di guardia e balìa as a criminal court during the Principato period, this fonds contains important data regarding legal trials, pleas and petitions involving Portuguese and Spanish Jews settled in the city and domains of the Florentine State.

Archival history

The Otto di guardia e balìa records were kept in the magistrate's office until its extinction in 1777. The Supremo tribunale di giustizia (Supreme Court of Justice) then inherited its competencies and archive. The same court also gathered records of criminal nature produced by other judicial offices, since the Republican era. However, in the early 19th century, all judicial records, both civil and criminal, were under the responsibility of the Magistrato Supremo (Supreme Magistrate), regardless of the place where they were physically kept. A few years later, during the brief period of French domination, the custody of the Florentine judicial archives passed to the cancelliere della Corte d'appello (the chancellor of the Court of Appeal).
Despite the legal provisions issued in this regard, the collections were never merged with the other archival complexes produced during the history of the Florentine State and then reunited in the Bureau d'archives générales (later the Conservation générale des archives de Toscane), created on May 20, 1808 and placed under the direction of Luigi Lustrini. However, it is likely that, during the years of French domination, the judicial documentation began to be gathered in some historical buildings of the city, such as the Medici Theater and adjacent venues of the Uffizi.
After the Restaurazione, every measure taken by the French government was abolished, including those concerning archives. Thus, all the papers were returned to the respective offices. However, this did not affect the judicial documents, since they were never actually merged into the then extinct Conservation générale.
In 1855, Otto di guardia e balìa records were incorporated into the Archivio Centrale di Stato di Firenze, together with other criminal archives. According to the provisions of the then superintendent Francesco Bonaini (1806-1874), the documentation of the Republican period was separated from the rest of the records received in the archive and incorporated into the so-called "historical archive" of the Centrale di Stato.
Around the mid-1870s, when Cesare Guasti was the director of the archive, the fonds were reorganised and relocated according to a functional logic. Then, all records produced by the Florentine judicial magistrates were re-aggregated in chronological succession from the republican period up to the most recent times. In 1876, these fonds became part of the 8th division of the Archivio di Stato di Firenze, concerning the administration of justice. The last reorganisation took place in the early 20th century when the pre-unification judiciary records were again isolated and placed in the 4th section (financial and judicial archives of the Republic and the Principato), with the exception of the Magistrato dei pupilli fonds.
All these archival fonds, including that of the Otto di guardia e balìa, were severely damaged in the sequence of a flood in 1966. Following the recovery, recognition and restoration interventions, in which the Committee for the Rescue of Italian Art (CRIA ) played an essential role, the documentation was largely restored. However, in some cases, it was not possible to exactly restore the initial conditions of the archives. So, even at present, many pieces of the Otto di guardia e balìa fonds are not available for consultation.

Administrative / Biographical history

The Otto di Guardia e Balia was established in 1378, after the "Tumulto dei Ciompi", the popular revolt instigated by "ciompi" (wool carders) that took place in Florence in June and August 1378. It was created as an extraordinary court of public security with surveillance and protection duties. After the resolution of January 21, 1380, it became a permanent body of the Florentine Republic.
The court was headquartered in the Pallazo del Podestà, and it was composed of eight citizens representing the different "Arti" (guilds) of Florence. They were assisted in the exercise of their functions by a staff of officers (ranging between eight and forty), including notary, a supervisor, a "manigoldo" (executioner) and guards. The notary, also known as "esecutore degli ordinamenti degli Otto" (executor of the Otto's orders), was a foreigner. In addition to this staff, the Otto had also a network of messengers, agents and spies spread throughout the territories of the Republic and abroad.
Initially, the Otto had mainly operational and executive tasks, such as surveilling and pursuing criminals, preventing the exiles from returning to Florentine territory, controlling potential threats of enemy states and sovereigns, investigating and capturing suspects of rebellion, and collecting confidential information. Their mission also included tasks aimed at maintaining public order, such as the supervision of the application of rules relating to the prohibition of circulation at night, illegal trade, gambling and gathering; the control of the proper conduct of the Signoria's election process; the isolation of plague victims; and the management of guard services.
Until the mid-15th century, the Otto were in charge of hiring, dislocation and maintaining the militias stationed in the domain and managing the fortifications in collaboration with other officers. In sum, they coordinated the supervision of the territory by acting as a liaison body between the various local administrative and judicial districts ("podesterie" and "vicariates"). Due to the information in their possession and the functions they exercised, the Otto were often called to participate in the "Consulte" (inquiries) and to take part in the so-called "balìe", i.e. commissions set up at times of emergency and invested with extraordinary powers.
During the 15th century, the Otto underwent a decisive transformation, expanding its powers and judicial functions, albeit mainly in an informal way. In 1478, the statutes of the Otto — the so-called "legge gismondina" — were drafted by regulating its judicial activity and confirming and legalising its most relevant prerogatives. After 1502, with the transfer of the powers of the podestà and the captain of the people to the newly constituted Consiglio di giustizia (Council of Justice), the Otto assumed almost total control of the administration of criminal justice in Florence.
The emergence of the Medici Principato in 1532 did not substantially affect the competencies of the Otto. Unlike other republican offices, it continued its activity, becoming a pivotal body of the affirmation of the ducal power. However, with the successors of Cosimo I, the competencies of the Otto were successively redefined. Its jurisdiction was submitted to the authority of the Auditore fiscale (tax auditor) and resized, especially outside the city and in the district, due to the strengthening of local judges. Furthermore, for a short time, between 1680 and 1699, the most serious crimes became the responsibility of another court, the Ruota criminale. In 1777, as part of the reforms of the judicial system promoted by Pietro Leopoldo, the Otto di guardia e balìa was extinguished and replaced by the Supremo tribunale di giustizia (Supreme Court of Justice).
Sources:

Access points: locations

Access points: subject terms

Access points: document types

System of arrangement

Records are arranged chronologically.

Access, restrictions

Numbers 1152-1155; 1157-1169; 1281-1282; 1286-1294; 1423-1425; 1427-1431; 1433-1441; 1443; 1446; 1448-1459; 1608-1611; 1613-1616; 1618-1620; 1622-1628; 1630-1632; 1634; 1635-1644;1646; 1648-1650; 1652-1653; 1762-1768; 1771-1776; 1778-1783; 1786-1789; 1993; 1995; 1997-1998; 2001-2002; 2004; 2006-2013; 2016-2017; 2087-2092; 2094; 2099-2107; 2155; 2158-2159; 2161-2162; 2164; 2166; 2169-2175; 2178-2179; 2183; 2188; 2236; 2248; 2313-2315; 2317-2318; 2320-2325; 2328-2331; 2334-2336; 2436; 2440; 2443; 2449; 2453; 2455-2460; 2685-2688; 2690-2692; 2694; 2696; 2698-2700; 2702; 2704-2707 are not available for consultation. The following numbers are missing: 17; 54; 113; 116-117; 120 122; 137; 151-153; 264; 320; 327; 329; 398-399; 402; 405; 431-432; 434-437; 439-441; 443-445; 447-448; 450; 508; 526-528; 530-531; 533; 536-537; 539; 541-542; 544; 546-547; 554; 561; 564; 577; 580; 588; 591-592; 602; 607; 623-624; 626; 629; 644; 670; 674; 676; 682; 686-688; 690-691; 717; 788-789; 793; 797; 799; 807; 829; 975; 982; 1044; 1050; 1083; 1123; 1130; 1132; 1136; 1143-1144; 1785; 1877; 1904; 2014-2015; 2181; 2216; 2219; 2242-2243; 2246; 2277-2279; 2281-2282; 2285; 2287; 2294-2295; 2333; 2355-2356; 2428; 2549; 2552; 2572; 2583-2584; 2595; 2597; 2695; 2697; 2701; 2703; 2710-2711; 2713-2717; 2719; 2721; 2724-2725; 2727; 2742-2743; 2769.

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Author of the description

Carla Vieira, 2021

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Archivio di Stato di Firenze Collections (official language of the state)