This is one of a series of notes on the earliest Florentine
convictions for gambling with cards, then called naibi more often than
carte (with various spellings for each). Franco's original is "1388-1396:
Firenze − Condanne per naibi da parte dell’Esecutore," https://naibi.net/A/417-ESECUTORE-Z.pdf, dated August 28,
2015. Comments in brackets are mine, in consultation with Franco, for clarification purposes.
1388-1396: Florence − Convictions by the Executor for naibi
Introduction
This note is part of a long investigation on the early days of playing
cards in Florence. After the well-known provision of 1377, it is not
clear how the new game of cards, or rather naibi, as playing cards were
then called, spread throughout Florentine territory. In particular, the
possibility that the prohibitions actually succeeded in hindering the
popularity of the new game remains very doubtful. In the event, if naibi
players were convicted, they could be convicted by the same foreign
rectors who had the power, and also the task, to repress the vice of
gambling. The first of these officials was certainly the Podestà [chief
magistrate], the only one also present in the smaller towns. In
Florence, however, there were at least two other “families” of policemen
who also had police functions and who in particular watched over the
city with the task of capturing those who carried weapons, those who
went out at night, and those who gambled. The two foreign rectors in
question were the Captain of the People, whom we have already met in a
previous study, [note 1] and the Executor of the Ordinances of Justice, whom we examine here.
The Executor of the Orders of Justice
The figure of this foreign rector is typically Florentine; in other
cities, it would not even have been conceivable. The magnates, eminent
figures, usually belonging to families of the ancient nobility, those
who in other cities would have had the reins of city government in their
hands, in Florence constituted the target of the main actions of
control and conviction by the Executor. We are only interested in the
activity of combating gambling, but this, as for the Podestà and the
Captain, was only a rather secondary part of all the activities of the
Executor's “family,” so much so that for these three foreign rectors,
the books with the related information are found inventoried under the
title of Ufficium
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1. https://naibi.net/A/413-CAPINAIB-Z.pdf [translated in the present thread at viewtopic.php?p=26685#p26685].
2
Extraordinariorum [Office of Extra-ordinary matters]; in short, a sort of supplement to institutional duties.
The executor was one of four foreign rectors, with the fourth, the judge
of appeals, having a lesser importance, so much so that in 1412 that
office was suppressed. There was, however, a characteristic that
necessarily distinguished him from the others, who usually came from the
noble families: precisely because of his institutional function, the
executor could not be a noble.
For this job, a knight was not chosen, because he had to keep an eye on the magnates and apply the laws enacted against them. He had to be: “an honest, expert plebeian, a scholar of legality, someone who in the Florentine vernacular is called a popolano”. […] The official headquarters of the executor was located in the rear part of the Palazzo dei Priori, next to that of the Capitano del Popolo. […] He also had a “family” at his disposal, made up of his deputy and a judge, as well as notaries and policemen on foot and on horseback, only that these were not called “berrovieri,” like the others, but “masnadieri.” [note 2]
The books studied
In the ASFi [State Archives of Florence] there is a section with the documentation that was collected by the executors. It is a set of archival units that, although numerically smaller than the similar ones of the podestà and the captain, still presents a more than respectable consistency, with its 2283 pieces that cover the time interval 1343-1435. An old inventory [note 3] of this collection is also available in the ASFI that permits the selection of those books that may be of greatest interest for research on games, namely the Libri inventionum [books of discoveries], belonging to the sector of the Ufficium extraordinariorum. These books of our greatest interest are not recorded in the Inventory for all the executors. It is possible that there are others not examined in this study, capable of providing further information regarding its particular purpose: to identify the appearance of naibi among gambling games, already during the fourteenth century.
The books examined are listed in the following table, where the letter in the first column has been assigned in this order only to simplify the related description; instead, the number in the second column is that of the signature in the ASFi collection.
_____________________
2. R. Davidson, Storia di Firenze. IV, Parte I, Florence 1973, pp. 160-162.
3. ASFI, Inventario N/03.
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Books of the Executors studied
Letter-----Number----Years
A-------------819-------1378
B-------------953-------1383
C------------1012-------1386
D------------1050-------1387-8
E------------1077-------1388
F------------1098-------1389
G------------1130-------1390
H------------1228-------1394
I-------------1242-------1394-5
L------------1276-------1395
M------------1309-------1396-7
N------------1404-------1400
A − Register of 261 written folios, not bound. It contains mostly trial records. The initial ban [bando=declaration of prohibitions and other matters] begins with blasphemy. The part of interest, with the “discoveries,” begins only at f. 251. Initially, there are mainly captures for prohibited weapons; then, together with the euntes de nocte [people going out at night], there are also players of zare [a deice game], in one case seu tasilorum ["or dice"]. Indeed, there are often several players present and captured together, as on f. 260v two Neapolitans, a Pistoian, and others Florentine.
B – Unbound register of 27 folios. The “discoveries” are on folios 19-21. The ludus azardi [game of zara] is spoken of, and several cases are found with 5-8 players. As usual, sometimes the cloak left by the fugitive player is recorded. Overall, those captured for gambling are more than usual, much more numerous than those convicted for other crimes.
C – Register of 80 folios with parchment cover and coat of arms of the executor. In the initial ban, the usual list of the main crimes begins with blasphemy. The “discoveries” are listed from f. 15r to f. 28r. The majority of cases are those captured at night, followed at a distance by those captured with weapons, and finally for gambling. At least one person “baptized” [dunked in the Arno or given a cold shower], on f. 15v. The game always seems to be zara, as on f. 20 with six captured people, including two Sienese players and one from Pozzolatico. As a rule, only the verb ludere [playing] is indicated, without any attribute.
D – There are 4 books loosely sewn together. Only the first has the front of a parchment cover with the coat of arms of the executor. They are mostly trial records. Only the third book has, from f. 102r to 109r, the
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usual list of “discoveries.” The game is called ludus açardi [game of zara] or l. aççardi, and also çardi. In one case the location is indicated, ad pontem Refredi [at the Refredi bridge]. The captured are numerous, also for weapons and at night. Important for the present study is capture for naibi, which will be examined again later.
E – Register of 22 folios without cover. It begins with the list of delegations and the general ban in which the crime of gambling is found rather low in the list, after blasphemy, weapons, counterfeiting money, hosting rebels. The “discoveries” go from f. 17r to 22, the last one. It is normally written ludus zardi or azardi, but in tassillos, or cum taxillorum [with dice], and ad ludum vetitum tassillorum [at the forbidden game of dice] are also found. Captures at night are predominant compared to those for weapons, and those for gambling are even less frequent.
F – Register without cover of 33 written folios. It begins with the delegations and bans up to f. 13. Here, too, the order of the crimes listed in the general ban is blasphemy, weapons, money, rebels, and only fifth gambling, indicated as ludus çardi. After some blank folios, we find the “discoveries” from f. 22. Here, too, the most common form is l. çardi. Among the objects abandoned by the players we find on f. 22v a board and wooden dice. On f. 27v we find the note that Benignus Alberti de Lamania bactiçatus fuit per ludum [Benignus Alberti of Germany {Lamania=Allemagna} was baptized for gambling.] (It must have been more difficult for a foreigner to put together the money to pay and leave the Stinche free without being “baptized.”)
G – Register of 30 folios with parchment cover and coat of arms of the executor. It is normally written ludus zardi or çardi. In the recurring formula used to specify the game, the entire related clause is often added, which usually also appears in the statutes: in quo vincebatur et perdebatur contra formam statutorum communis Florentiae [in which one was defeated and lost against the form of the statutes of the Florentine commune, i.e. Republic]. On f. 11, for one case, the location of the game is also indicated: ex porta sancti nicholai. In this case, the gate of San Niccolò is involved, as on other occasions some of the other gates were reported.
H – Register of 32 folios bound in parchment with the unusual coat of arms of the executor, with five beautiful white butterflies. The “discoveries” are listed from f. 28r to 32v. It is usually written ludus açardi or aççardi. In this book, the majority of the captures are for those taken at night. An entry of a capture on f. 29v for ludum ad marellas is later deleted as having been recorded in error. Evidently, the police had been too diligent in carrying out their mission, so much so that they considered a permitted game to be prohibited. Some historians of the game of checkers would be very happy to recognize in this case an early documentation of that game (which was probably played for quite a long time before being called checkers), but here it was more likely a game of the filetto [morris] type.
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I – Thin register covered in parchment with the coat of arms of the executor. The folios of interest for captures are those from 29r to 37r, the last written folio of the 46 total. For the games, the ludus is indicated above all taxillorum. In one case we find ludere ad lapides seu sassos, in short, stone-throwing. More important for us are two entries in which the game of naibi is explicitly indicated, which will be examined later.
L – Register bound in parchment, of 54 folios, with the coat of arms of the executor. The captures are listed from f. 43 to f. 53. The game is indicated in most cases as ludus azardi. Also found there are l. sassaioia [stone throwing] and ludus puxillorum, boxing. Also in this book, we find one citation for naibi, on f. 43v relating to 25 December 1395, examined later.
M – Register without cover of 45 written folios, including blanks. The general announcement at the beginning lists the crimes in order: blasphemy, weapons, counterfeit coins, gambling, assemblies. The captures are listed from f. 23r to 28v. Gambling is usually indicated as ludus açardi, rarely tassillorum. On November 18, 1396, several captures were made for gambling and for night outings. Next to the ludus açardi, we find cases of naibi, indicated here differently from the usual as ad carticulas. They will be examined again later.
Convictions for naibi
Considering the purpose of this study, it seems necessary to recap the gambling captures in which naibi are expressly mentioned.
19.12.1388. (N. 1050, f. 107r): Cherricus Michaelis de Salseburge de Alamania inventus fuit per militem et familiam praesentis domini Executoris ludere ad ludum naiborum contra formam statutorun communis Florentiae. [Cherricus Michael of Salzburg of Germany {Alamania, for Italians, included Austria} was found by the knight and family of the present lord Executor to be playing at the game of naibi, contrary to the form of the statutes of the Florentine commune.] This capture, expressly indicated for the game of naibi, presents several noteworthy points. The date appears very early and shows us that at that time the laws prohibiting naibi were already enforced. To what extent they were enforced we remain in doubt. The noteworthy point here is that a "German" from Salzburg is captured, and that this is the only player captured. It is certainly not possible to think that he was captured while playing solitaire with cards! Then perhaps, with the Florentine players, the “family” of the perpetrator was ready to turn a blind eye.
22.11.1394 (N. 1242, f. 29v): Nicholaus Ser Anthonij populi S.ti Johannis de Florentia repertus fuit per militem et familiam predicti(?) domini executoris ludere ad ludum nayborum seu cartarum contra formam
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(…) statuterum… [Nicholas, Ser Anthony of the parish of St. John of Florence, was found by the knight and family of the aforementioned(?) lord executor to be playing at the game of naybi or cards, contrary to the form (…) of the statutes]. Here, and also in the next entry, we encounter an interesting fact: next to the original name of naibi, that of carte is added, which later becomes the only common name.
20.01.1395 (N. 1242, f. 31v): Grassus Grassi ferrator populi S.te Lucie de Magnolis de Florentia repertus fuit per me notarium( ?) et familiam predictam ludere ad ludum cartarum seu nayborum contra formam statutorum et ordinament(orum) dictis communis… [Grassus Grassi, blacksmith of the parish of St. Lucie de Magnoli in Florence, was found by me, the notary(?) and the aforementioned family, to be playing at the game of cards or naibi against the form of said statutes and ordinances of said commune …] None of the players we meet here are distinguished by family or professional celebrity, but this Grasso Grassi ferrator may constitute a good antidote for scholars accustomed to investigating the playing cards of princely courts.
25.12.1395 (N. 1276, f. 44v): Bertus(?) Zenobij de populi S.te Marie Maioris de Florentia - Andreas (+++) - repert(i?) per familiam domini executoris ludere ad ludum naiborum contra formam statutorum communis Florentiae… [Berto(?) Zenobij of the parish of St. Mary Major of Florence - Andreas (+++) – found by the family of the lord executor playing at the game of naibi against the form of the statutes of the Florentine commune …] Here the players captured together are two, Berto and Andrea, but the record is not entirely clear about this. In this case, the date is also important. Christmas Day, or Easter [Pasqua] of the Nativity, as it was called then, is not part of the end-of-year celebrations, which in Florence began with the Incarnation on March 25, but it remained one of the main religious holidays, a day to be celebrated with the family, in church... or playing cards.
11.18.1396 (N. 1309, f. 24r): Johannes a Ture(?) stipendiarius inventus fuit per familiam domini executoris ludere ad carticulas contra formam statutorum communis Florentiae et captus fuit familiam dicti domini Executoris. − Nannes Becholj(?) stipendiarius de civitate Castelli inventus fuit per familiam domini Executoris ludere as carticulas contra formam statutorum communis Florentiae et captus fuit per Anthonium de perusio(?). [John of Ture(?) stipendiary was found by the family of the lord executor to be playing at cards against the form of the statutes of the Florentine commune and was arrested by the family of the said lord executor. − Nannes Becholj(?) a stipendiary from Città di Castello was found by the family of the lord executor to be playing cards against the form of the statutes of Florentine commune and was arrested by Anthony of Perugia(?).] On the same day different captures are listed, but these two would seem to have been made together: there are then two players caught playing the forbidden game of cards. Both are indicated as stipendiari, simple wage earners. At least the second one is not Florentine, but comes from Città di Castello, a city between Arezzo and Perugia that in those years had freed itself from papal domination with the help of the Florentines. Another noteworthy thing is that the noun naibi is not used, but already that of cards, or rather of carticulae, those that in other cities we often find indicated as carticelle. Let's be clear: this does not mean that the name naibi had fallen into disuse: attestations of it will be found for a long time afterwards.
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Comment on naibi players
We read in several publications that naibi were, at least initially, playing cards of considerable value, which were used especially in courts and among the privileged classes, but of this aspect, important or not, we can find no trace in the documentation studied in this case. What we find here corresponds to a completely different situation.
None of the players we find convicted for being caught playing naibi are presented as people of importance; indeed, a considerable number of those captured are foreigners who presumably would have found little assistance from their Florentine acquaintances. It is no coincidence that the first player we find convicted, and at a rather early date, is a “German” from Salzburg. It also appears significant that almost always only one player is captured, while for the game of zara we also find several multiple captures recorded. At most, one can admit that the game of naibi was predominantly a game played between two players, but even in this case, it is perplexing that one of the two almost always manages to get away with it, without even being reported as having escaped.
However, it is clear that the game of naibi was widespread. Any foreigner who wanted to play naibi during his stay in Florence would have easily found company; he just had to move to the most suitable places, in some public loggia or near the city gates.
Conclusion
The study was based on a dozen books of the executors of the justice systems. In particular, some captures of naibi players carried out in Florence by the executor's “family” were reported and discussed. These cases are few: two together in 1396, two in 1395, one in 1394, and one even in 1388, when naibi had been in use for little more than a decade.
It is possible (but impossible to determine with certainty) that other cases of games of naibi were included under the name of zara, possibly intended in a generic sense for prohibited games. Other cases may be recorded in books of that series not yet studied. In the period examined, however, one does not perceive the presence of a drastic change in the laws on gambling, but rather a more or less severe attitude in controls.
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The presence of several foreigners among the convicted and the very fact that often only one of the players who were certainly present was convicted suggests that the executioner's “family” acted severely only in some cases, possibly excluding Florentines and certainly people of importance. From what we find here, it is clear that the game of naibi had entered into the favor of the people, even at the lowest levels. This cannot exclude that at the same time there existed practices of playing naibi in socially elevated environments, involving the richest Florentine ladies and even the children that we glimpse from some testimonies; obviously, in none of those cases can one expect an arrest by the police, an action that was able to bring other situations to light, thanks to the registers preserved.
Franco Pratesi – 28.08.2015
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