Page:American Historical Review vol. 6.djvu/645

 The Republic of San Marino 635 of a lawsuit between Deltone, bishop of Rimini, and Stephen, "priest and abbot" of S. Marino, in 885, to prove that the latter was living under a different legal system from that which prevailed at Rimini, and that therefore, not being governed by Roman law, San Marino could not have been included in Pepin's donation in 753.' The document, which has been preserved in the state archives, and is printed in full by Delfico, is known as the placititm Fcretramnn, because John, bishop of Montefeltro, was appointed to decide between the parties, and is the earliest which the Republic possesses. The next mention of the place is in a cTiploma of Ber- engarius II., King of the Lombards, who, fleeing before the vic- torious arms of the Emperor Otho, executed this document, actum in plcbc S. Marini, in 951." The inhabitants, like those of other parts of Italy at that period, now began to fortify themselves by building the " castle," to which we have subsequent allusions in documents, and, as their numbers had increased, began, towards the end of the eleventh century, to extend their territory by purchase. Thus, they bought from the counts of Carpegna and the monastery of S. Gregorio the neigh- boring castle of Penna Rossa with its appurtenances, and the castle and property of Casole, while, much later, in the fourteenth century, the people of Busignano joined them for mutual protection. The Borgo, at the foot of the mountain on which the little capital stands, was founded, and a new form of government instituted. The original system seems to have consisted in an assembly of all heads of families known as L'Arrengo, which is still summoned at San Marino twice a year, but no longer retains the right of discussion. A new body, // Consiglio Gencralc, which is mentioned in a document of 1253 as already existing, took the place of the Arrcngo, and two officials were chosen from this Council every six months to preside over the Commonwealth. The first two of these " Consuls," as they were originally called, whose names have been preserved, were elected in 1224, and there is an almost complete list of them from that date. But in the statutes for 1295, the date at which Professor Malagola's collection of statutes begins,^ we find the names capitaiicjis ct defen- sor substituted for those of eonsides. Towards the end of the fourteenth century, the terms of capitanei seu rectores are found, and now the two presidents are called Capitani Reggenti. The state thus organized received the name of Libertas for which that of "Deltico, I. 15-19, andFattori, RiavM Slorici dclla Rcpubblica di S. Marino, 14- 15, collect the local opinions. For the text see Delfico, II. App. ^Muratori, Rerum Italicarum Script!., I. pt. 2, p. 428. ^But we have mention of a statute as early as 1253. Delfico, I. 41.