The central institutions of the Florentine criminal law system in the early fifteenth century were still the medieval courts of the three foreign rectors, the Podestà, the Captain of the People, and the Executor of the Ordinances of Justice, just as they had been throughout the fourteenth century. Similarly, criminal trials were conducted using inquisition procedure just as they had been from the late thirteenth century. Important changes, however, had taken place and were continuing to take place in the offices of the rectors and in inquisition procedure that greatly enhanced the effectiveness of this system. The fortuitous confluence of a strong state with improvements in inquisition procedure and the court system led to a strongly self-reliant court system that could, for the first time in the early fifteenth century, fully implement inquisition procedure by arresting criminals in flagranti, initiating cases through public initiation, gathering evidence independently, compelling witnesses, and successfully convicting. Because the political and social atmosphere influenced the effectiveness and the philosophies of prosecution of the criminal law system, a study of this system must include some consideration of political and social influences. Conversely, a study of the judicial system supplies a great deal of evidence about the government and society. When this interrelated sphere is regarded as a whole, the early fifteenth century is seen to be dominated by three closely related developments: the full implementation of inquisition procedure; the continued development of the territorial state, which made this possible; and the struggle between republican institutions and the nascent oligarchy.
The trial’s the thing: Performance and legitimacy in international criminal trials