Chapter III: The First Wars and First Reforms of the Florentine Commune.144

I.

After Countess Matilda's death the envoys despatched from Germany to reassume the margraviate of Tuscany in the name of the Empire followed one another in rapid succession.[145] But almost all were men of small ability, pursuing a vacillating policy that led to no results. They tried to exercise the power of margraves, but were merely temporary officials of the emperor. Without resources, without knowledge of the country, they relied now on this party, now on that, incapable of distinguishing friends from foes, and never understanding the causes of the wars continually breaking out on every side. This state of things, well adapted to promote communal independence, lasted to 1162, when Frederic Barbarossa began to make the weight of his hand felt by initiating a clearer and more determined policy, although even his talent failed to obtain any notable results.

The Florentines were those best able to profit by the weakness of the Empire. In 1129 they took possession of the Castle of Vignalo in the Val d'Elsa;[146] and in 1135 destroyed the stronghold of Monteboni, belonging to the Buondelmonti, whose name was derived from it, and who were now forced to submit to the Commune, yield it military service, and dwell in the city a certain part of the year.[147] On this head Villani remarks that the Commune now began to extend its borders "by violence rather than by reason, ... subjecting every noble of the _contado_, and demolishing fortresses." This was, in fact, the policy of Florence, and it led to two inevitable results. An increase of territory was the first; the second, that the always-increasing number of nobles brought into the city paved the way for the formation of an aristocratic party opposed to the people, and consequently promoting civil strife and future changes of government.

In June, 1135, the Imperial envoy Engelbert entered Florence, and seemed amicable to the Commune.[148] He speedily moved on to Lucca, where he met with a serious defeat. The succeeding envoy, Errico of Bavaria, came with a considerable force, and appeared ill-disposed towards the Florentines. His stay, however, was short, and his successor, Ulrico d'Attems, showed friendly intentions, and in 1141 even aided the Florentines in a skirmishing expedition against Sienna.[149] But all these envoys came and disappeared like meteors. Florence was now beginning its great war with Count Guido, surnamed the Old, who had become their foe. A contested inheritance served as a pretext for the rupture; but the real cause must have lain in the increased power and menacing attitude of the count. His possessions hemmed in the Republic on all sides, and Sanzanome said of him, "Per se quasi civitas est et provincia."[150] The citizens first seized a castle of his near Ponte a Sieve, and then attacked his stronghold of Monte di Croce. But, aided by neighbouring towns, the count succeeded in defeating the Florentines on June 24, 1146. Nevertheless, they contrived even then to extort advantageous terms, namely: that part of the walls should be dismantled, and that the castle should hoist the banner of Florence.[151] All this was done, and there was truce for a time, while the count seems to have been engaged on distant expeditions. But later, the walls were restored, and thereupon the Florentines,[152] declaring that the agreement had been violated, suddenly stormed the castle in 1153, and rased it to the ground. And thus, wrote Sanzanome, "_Mons Crucis est cruciatus_." Certainly all this could not lead to peace. Count Guido ceded part of Poggibonsi to the Siennese on condition of their fortifying and defending it against the Florentines, who were preparing to make an assault. By accepting the gift Sienna stood pledged to play an active part in the war, which thus continued to spread.[153]

II.

Just at this time, however, the state of affairs changed, for Tuscany was beginning to feel the influence of Frederic I. (Barbarossa). This emperor, finding that Duke Guelfo was unable to make himself respected, despatched (1162-3) the Archbishop Reinhold of Cologne, a man of energy and brains, with the title of "Italiae archicancellarius et imperatoriae maiestatis legatus," and charged to reorganise the Imperial administration on a new plan. Frederic regarded the dissolution of the margraviate as an accomplished fact, and wished to assume the direct government of its various component parts by means of German counts or Podestà, in the manner already adopted by him in Lombardy. Reinhold set to the task with zeal, establishing German governors and garrisons in the principal castles of the _contado_; and where no castles remained new ones were erected.[154] San Miniato, with its tower on the hill, dominating the suburb of San Genesio below, was the headquarters of this new administration. Here Reinhold established Eberhard von Amern with the title of "_Comes et Federici imperatoris legatus_."[155] Frederic's scheme of policy was clear and precise; but in order to carry it into effect against the will of communes that were already emancipated, and against the interests of many native counts, would have required much time and a great army, both of which were lacking at the moment. Reinhold was soon called elsewhere for other undertakings, and although his successor, the Archbishop Christian of Mayence, was likewise a man of ability, their efforts led to few practical results. Their only success consisted in the amount of money squeezed from the people; for, as a chronicler puts it, "like good fishermen, they drew everything cleverly into their nets." But they established no firm political basis.

It is true that the new German Podestà, or _Teutonici_, as they were called, were seen springing up on all sides. We now find, in fact, continual mention of the _Potestas Florentiae and Florentinorum_, and of the same dignitaries in Sienna, Arezzo, and many other towns. Nevertheless, they exercised little or no power in great cities: these being still governed by Consuls, who disputed the authority of the _Teutonici_ of the _contado_ outside the walls. This state of things could not be of long continuance. By special permission from the emperor, the Consuls of certain well-affected cities were allowed to exercise jurisdiction, in his name, not only within the walls, but even sometimes over part of the _contado_; always, however, with a reservation in favour of nobles, and often of churches and convents, who were to remain subject to the Imperial authority alone.[156] Everywhere else in Central Italy the Imperial Podestà were to take the entire command, for the emperor admitted no doubt as to the complete and absolute nature of his rights. But the question now hinged on facts rather than on rights, and was only to be solved by a greater force than that possessed by the Empire in Tuscany. Hence, an enormous confusion ensued. All the great cities, and more especially Florence, continued to rule themselves as before; while in the rural territories (_contadi_), Imperial Podestà, Tuscan counts, feudal lords, Consuls great and small, or other officers of the Commune, daily contested one another's authority, and the masses no longer knew whom to obey. Even the cities and nobles siding with the Empire not only failed to carry out Frederic's designs, but actually opposed them; for, in point of fact, this Teutonic over-lordship, wielded by grasping and tyrannous Imperial officials, was equally odious to all.

A sufficiently accurate idea of this state of things may be gleaned from the accounts of contemporary witnesses, who were summoned at various times to furnish authentic details as to the condition of the country. Those sent to report upon the monastery of Rosano describe it as being subject to Count Guido, who was continually driven to defend it "against the warden of Montegrossoli, other Teutons, and the Florentine Consuls," all of whom tried to exercise authority there. They also describe how at Monte di Croce, the Consuls of that place and the _vice comites_ all held command simultaneously, and were compelled to defend themselves from the _Teutonici_, and against the encroachments of the Consuls and other officers of the Florentine Commune.[157]

On another occasion an equally chaotic state of things is described in the reports on the castle and valley of Paterno, of which Florentines and Siennese disputed the dominion. One witness tells us that in his day he saw a certain Pipino, _Potestas Florentiae_, holding sway there, and over all the rest of the Florentine _contado_. Another records how he visited the Paterno valley and the whole of the _contado_, together with the consuls of the Commune and a _Teutonico_. Several declare to have gone there now with Pipino, now with other _Teutonici_, and at other times with the Consuls, and that all received obedience and levied taxes in the same way. Then we have the curious deposition of one Giovanni _de Citinaia_, who gives a long account of recent events in the district. He tells us how a big pillar was uprooted by a priest, who, not knowing for what purpose it had been planted, wanted to use it for the church he was building. But it was so heavy that even with a cart and two oxen he failed to remove it. And some peasants who were looking on, cried out to him: "Domini sacerdos, male fecisti, quia est terminus inter Florentinos et Senenses" ("Master priest, thou hast done ill, for this is the boundary stone between Florence and Sienna"). After this, the witness continues, two persons went to the warden of Montegrossoli, and said that if he would help them to rebuild the Castle of Paterno, they would furnish him with proofs of his right over it. The warden cheerfully hastened to Florence to get the permission of the authorities, but quickly returned, saying that the building could not go on, for the Florentines refused consent, because the Archbishop Christian of Mayence was already in Lombardy on the way to Tuscany. Thereupon the Siennese made use of the favourable opportunity to demolish the neglected works, and play the masters themselves. It is certainly impossible to conceive a greater multiplicity and confusion of contrasting rights and authorities.[158]

Hence the only course open to Florence and the Tuscan communes in general was to seize every convenient occasion of asserting their rights either by craft or by violence. The war between Pisa and Lucca had already broken out, and as Count Guido, the foe of the Florentines, had joined with Lucca, they formed an alliance with Pisa. This treaty was very advantageous to their commerce, but it pledged them to an active share in the war.[159] They willingly undertook this, for it was an opportunity of fighting not only the Lucchese, but also the latter's patrons, Count Guido and Christian of Mayence. At first it seemed as though Pisa would be forced to make peace, for on March 23, 1173, Christian declared that city to be under ban of the Empire, thus stripping it of all the privileges it had previously enjoyed. In fact, on the 23rd of May an agreement was concluded (witnessed also by the Florentines) to the effect that Pisa and Lucca should proceed to an exchange of prisoners. The ban was raised on the 28th of the same month, and peace was solemnly proclaimed in Pisa on the 1st of June.

But two months afterwards an unexpected event caused the war to be speedily renewed. The archbishop had invited the Consuls of Pisa and Florence to come to San Genesio on the 4th of August, and on their arrival had them promptly seized and cast into prison. What could have caused an act rendering war unavoidable, after such strenuous efforts to establish peace? Many explanations have been suggested, but one fact alone is well ascertained. Certain men of San Miniato, having been expelled as rebels to the Empire, had sought the Bishop of Florence[160] in his palace, and sworn not only to make common cause with the Pisans and Florentines, but to cede them the territory of San Miniato, should they succeed in retaking it, and even if the fortress remained in the hands of the Germans.[161] This is certainly true, for the document containing the agreement is still extant. It is no regular treaty, being unwitnessed by Consuls, and lacking the proper legal formulas. But the fact of its having been sworn to and signed in the bishop's palace; of some leading citizens, including one of the Uberti,[162] having been parties to it; and of the document being preserved in the Archives,[163] proves that the rulers of the two cities were not unaware of the agreement, but merely preferred to hide, or rather disguise the real importance of it. All this, joined to their reluctance and delay as to the exchange of prisoners, persuaded Christian that they were trying to trick and betray him by a fictitious peace. Accordingly, his patience being exhausted, he was led to commit an imprudent and ill-considered action, that destroyed all hope of the peace he was so anxious to conclude.

In fact, by August the Florentines were already at Castel Fiorentino, and, reinforced by a contingent of 225 horse, accompanied by two Consuls from Pisa, encamped at Pontedera. Christian quickly marched against them, together with Guido and the Lucchese, but the latter were obliged to forsake him, for the Pisans, by advice of the Florentines, had entered the Lucca territory and were laying it waste. Notwithstanding his diminished force he attacked the enemy, and valiantly defended his banner, but was worsted in the fight. How the war went on is unknown to us; but it is certain that Christian soon took his departure, that in 1174 the rebels of San Miniato returned with honour to their native town, and that finally in the following year peace was concluded between the three hostile cities.[164]

Meanwhile the Florentines continued to subject the towns and castles of the territory to their rule.[165] Before this, in 1170, they had wrung hard conditions from the Aretines,[166] who were friendly to Count Guido, and they now marched against Asciano, a walled town near Arezzo, partly under their rule and partly under that of the Siennese, who were now trying to get full possession of it. The latter were routed on July 7, 1174, and leaving a thousand prisoners in the enemy's hands were accordingly obliged to submit to very disadvantageous terms.[167] The negotiations were carried on slowly, but peace was concluded at last in 1176.

The Florentines were acknowledged as the legitimate masters of the whole _contado_ of Fiesole and Florence, and obtained part of the Siennese possessions at Poggibonsi, the said Siennese being bound to help them in all wars,[168] save against the emperor or his envoys, and likewise pledged to use every endeavour to conciliate the latter in favour of Florence. Several more of the conditions were particularly harsh.[169] That the Florentines could extort such terms as these after the petty war of Asciano is an undeniable proof of their increased power; but it is equally certain that unless the Siennese were hopelessly ruined, this was only a fictitious peace, concluded after great hesitation, and for the sole purpose of securing the release of the prisoners.

III.

Nevertheless, these triumphs abroad were counteracted by unforeseen events in Florence itself. Owing to the prevalence of the popular party in the consular government, powerful houses in general, and the Uberti faction in particular, were increasingly excluded from public affairs, and naturally showed signs of discontent. At this moment we seldom find any of their names at the head of the Commune.[170] Meanwhile, however, many neighbouring castles and lands having been reduced to submission, the number of nobles of the _contado_ dwelling in the city had been greatly augmented. These, being merely counted as _assidui habitatores_ or _cives salvatichi_, could have no share in the government, but there was nothing to prevent them from joining the disaffected party and swelling its numbers and strength. And when, in course of time, they became full citizens, their power of action was enlarged. Accordingly, at last, in 1177, the Uberti were encouraged to hazard the revolution that first initiated civil war in Florence.

All the chroniclers speak of this war, and it must have been of considerable importance, seeing that it was pursued for nearly two years with much bloodshed and the destruction by fire of the greater part of the city. Likewise, the river Arno overflowed and broke down the Ponte Vecchio. Villani describes the two fires of 1177, saying that the first extended from the bridge to the Old Market; the second, from San Martino del Vescovo to Santa Maria Ughi and the Cathedral. He also relates the fall of the bridge, adding, as usual, that all this was a righteous chastisement from Heaven on the proud, ungrateful, sinful city. He speaks of the revolution that occurred at the same time as though it had nothing to do with the burning of the town. He goes on to say that the Uberti, who were the "principal and most powerful citizens of Florence, with their followers, both noble and plebeian, began to make war against the Consuls, lords and rulers of the Commune, at a fixed moment and on a fixed plan, from hatred of the Signory, which was not to their liking. And the war was so fierce, that in many parts neighbours fought against neighbours from fortified towers, the which were 100 to 120 _braccia_ in height (150 to 180 feet). Likewise certain new towers were erected by the street companies with monies obtained from neighbours, and these were called the Towers of the Companies.

For two years the fighting went on in this fashion, and with much slaughter; and the citizens became so inured to perpetual strife, that they would fight one day and eat and drink together the next, recounting one to another their various deeds and prowess. At last, tired out, they made peace, and the Consuls remained in power; but these things created and gave birth to the accursed factions which soon broke out in Florence."[171]

On the other hand, the pseudo Brunetto Latini dates the first fire extending from the bridge to the Old Market, on August 4, 1177. But he quickly adds that in the same year began the "discord and war, for the space of twenty-seven months, between the Consuls and the Uberti, who refused to obey either the Consuls or the Signory, yet nevertheless formed no government of their own. This strife among the citizens caused great mortality, robbery, and arson. The city was set on fire at five different points; the Sesto d'Oltràrno, and the part between the Churches of San Martino, del Vescovo, and Sta. Maria, were burnt down."[172] According to the same chronicler, the fall of the bridge took place on November 4, 1178, and the civil war only came to an end in 1180, with the triumph of the Uberti, one of whom, Uberto degli Uberti, actually became Consul. "The which afterwards led to the creation of Podestà, who were nobles, powerful, and of foreign birth."[173]

In spite of a few seeming contradictions on the part of both chroniclers, their evidence, joined to that of others, clearly proves that in 1177 a revolution led by the Uberti took place and lasted about two years, accompanied by rapine, murder, and arson. The Uberti did not gain a complete victory, since the consular government survived; but they and their friends were in power more frequently than before, and for this reason the pseudo Brunetto Latini considers them to have conquered. All this gave the government a more patrician tendency. It heralded the change that replaced the Consuls by a Podestà, and cast the first seed of the factions and civil wars destined to involve the city in long-continued strife and bloodshed. Such, in fact, is the gist of the chronicles, and all later documents and events serve to confirm it. Nevertheless, peace was re-established within the walls for the nonce, and the policy of Florence remained unaltered. The partial triumph of the aristocracy had at least one good effect; inasmuch as the nobles, being satisfied for the moment, lent efficacious assistance to the Commune, and enabled all its affairs to be pushed forward more briskly.

In fact, on February 3, 1182, the people of Empoli were reduced to submission, bound over to pay annual tribute and to yield military service at the request of the Florentine Consuls, whether of the Commune or the Guilds, save in the event of a war against the Counts Guidi.[174] The people of Pogna, which was a fief of the Alberti,[175] were the next to make surrender on the 4th of March. And these Pognesi not only pledged themselves to take the field at the command of the Florentine Consuls, but to abstain from constructing new walls or fortresses, either on their own territory or the neighbouring lands of Semifonte. Also, should others attempt to fortify those places, they (the Pognesi) were bound to oppose it and give notice of the fact to the Florentines, who, on their side, promised friendship and protection.[176] In the same year the Castle of Montegrossoli was captured by the Florentines.[177] On July 21, 1184, they made an alliance with the people of Lucca, who promised to send them yearly a contingent of one hundred and fifty horse and five hundred foot, for at least twenty days' service, in all wars waged within Florentine territory.[178] In October the Florentines attacked the Castle of Mangona in the Mugello, but as this fortress belonged to the Alberti, the latter stirred Pogna to rebellion, and the Florentines quickly marched against that town.[179] Count Alberti seems to have taken part in the fight that ensued at Pogna, for it is known that by November he was in captivity and forced to accept very hard terms for himself, his wife and his children. He had to promise to dismantle his fortress of Pogna the following April, only retaining his own palace and tower; to demolish the tower of Certaldo, and never rebuild that of Semifonte. He was to cede to the Florentines whichever one of the Capraia towers they chose to take; he was to give them one-half of the ransom or tax to be levied on all his possessions in general between the Arno and the Elsa. Finally, as soon as he should be released from prison ("_postquam exiero de prescione_"), he was pledged to compel all his men to swear fealty, and to the payment of four hundred pounds of good Pisan money. His sons were to reside in Florence two months of the year in time of war, one month in time of peace.[180] The subjection and humiliation of this Count Alberto was a very significant fact in itself. And when we reflect that it occurred after Florence had already overthrown the Cadolingi, lowered the power of the Guidi house, and concluded most favourable alliances with Pisa, Sienna, and Lucca, it will be easily seen how quickly the Commune had been able to soar to a position of very great and almost menacing strength.

IV.

All this certainly contributed no little to hasten the coming of the Emperor Frederic I., and, in fact, we find him in Tuscany for the deliberate purpose of reducing the country to subjection in the year 1185. But he came without an army, reliant on the might of the Empire, on his own shrewdness, and his own reputation. He believed in the possibility of achieving his plans by alienating some of the Tuscan cities from Florence, and compelling them to side with the Empire against her. Above all, he counted upon Pistoia, situated between Lucca and Florence, and hostile to both; upon Pisa, whom he hoped, by means of large concessions, to win back to the Imperial cause, to which she had so often adhered before. He became still more hopeful of success when, on reaching San Miniato, in the summer of 1185, many nobles of the _contado_ came to do him homage, with loud complaints of the oppressive rule of the free cities. On the 25th of July he emancipated many of these nobles, and some of their fiefs, from the jurisdiction of Lucca.[181] On the 31st of the same month he entered Florence, still surrounded by nobles of the _contado_, who, as Villani says, complained bitterly of the city, "which had seized their castles, and thus grossly insulted the Empire."[182] Hereupon, the chroniclers affirm that Frederic deprived Florence of the right of jurisdiction over her own territory, even just outside the city walls; and even assert that he adopted the same measure with regard to all the Tuscan towns, excepting Pisa and Pistoia.[183] But this point has been seriously disputed, many refusing to admit the possibility of a fact unsupported by any documentary proof. On the other hand, some writers consider it to be proved by a later event, the which is not only related by several chroniclers, but also confirmed by existing documents.

In fact, by a patent dated June 24, 1187, Henry VI., in reward, as he expressed it, for services rendered by the Florentines to his father and himself, granted them judicial rights over the city and the _contado_ beyond, to the distance of one mile in the direction of Fiesole, of three towards Settimo and Campi, and of ten in all other directions.[184] Even within these narrow limits, however, the nobles and soldiery were to be independent of the city. In token of gratitude for this liberality on the part of the emperor, the Florentines were bound to present him every year with a piece of good samite, _bonum examitum_.[185] Similar and equally limited concessions were granted to other cities also.[186] Accordingly, some have said, since Henry restored right of jurisdiction to the Florentines, it is clear that his father had deprived them of it. In fact, we know that throughout Tuscany Frederic established Imperial Podestà, who bore the names of their respective cities.[187] Also, reasoning in this style, those writers went so far as to suppose Florence to have been deprived of judicial powers even within the city walls. But, as we have seen, Henry's patent does not speak of restitution--only of the liberality shown in rewarding the services of the Florentines, although it is impossible to understand what those services could have been.[188] On the other hand, it is hard to believe that Florence, who had dared, in weaker times, to use violent measures against the Imperial envoys, murdering Rabodo and putting Christian of Mayence to flight, should now, when so much stronger, and the chief power in Tuscany, unresistingly submit to deprivation of judicial rights throughout her own territory, and even within the city walls. In addition to all this, there seems no doubt that there were Consuls of Florence during the same period, and therefore the theory of there being Imperial Podestà in the city itself naturally falls to the ground. In fact, the Consuls' names are recorded in documents of 1184. It is true that, for the three following years, the pseudo Brunetto Latini is the only authority by whom they are mentioned; but it is difficult to suppose that he invented them all, or that he could have been mistaken three consecutive times. Although during these three years no documents give the names of the Consuls, they afford, indirectly, continual hints of their existence.[189]

Hence it is necessary, in my opinion, to begin by recognising that, according to the ideas and the policy of Frederic I., there was no question as to his right of exercising jurisdiction over Tuscany; and that if the cities had virtually exercised this right without a special grant to that effect, they had violated thereby the rights of the emperor, who was accordingly justified in resuming them. For this end, he had commissioned Reinhold and Christian to establish Podestà everywhere,[190] and to restore affairs to what he deemed their sole legal and normal condition. Only the difficulty here was not in proving his right, according to the Imperial theory, but in being able to enforce it. It was a question of fact, only to be resolved by force. As we have seen, Imperial Podestà were established on all sides; and while even in the _contado_ they could only obtain partial and somewhat contested obedience, in the greater cities, and particularly in Florence, they obtained none at all. The _Potestates Florentiae_, or _Florentinorum_, as of Sienna or the Siennese, whose names so often occur, are almost invariably--and in the case of Florence, one may say quite invariably--Imperial Podestà, established in the _contado_, and disputing its jurisdiction with the Consuls. Now, seeing that the commune considered the _contado_ to be its own territory, and therefore craved the sole command of it, while from the Imperial point of view city and _contado_ were equally subject to the Podestà of the Empire, it naturally followed that these dignitaries were commonly styled Podestà of Florence or of the Florentines; and in the same way, Podestà of Sienna or of the Siennese, of Arezzo or the Aretini, &c. But, as a matter of fact, they not only failed to command obedience within the gates of great cities, but even in the _contado_ outside were continually in conflict with the consular authority. We have already seen what a chaos was the result. Nevertheless, it seems natural to believe that the arrival of Frederic I. in Tuscany must have strengthened immensely the power of these Podestà, and that, at least for a time, they must have been enabled to enforce their judicial rights throughout the country, and to the very gates of the town. This made the chroniclers assert that the emperor had stripped Florence of its _contado_. It is certain, however, that on his departure things rapidly lapsed into their previous condition. That is to say, the consuls did their utmost to neutralise the action and authority of the Imperial officials. The rise of the communes had created a new state of things which the Empire was powerless to destroy, even while refusing to acknowledge its legal value. Therefore Henry was finally driven to accord a partial valuation, in the guise of a generous concession, to an actuality that by this means he might at least hope to keep within definite limits.

And in reality his patent of 1187 granted Florence much less than she had possessed for some time before. If, in fact, the territory of the Commune was not to extend more than one mile in the direction of Fiesole, this latter city remained outside the border, although already subjected to Florence by force of arms, together with the whole of its _contado_, which, indeed, as proved by every treaty, had been incorporated in the Florentine territory since 1125. Also, as though this were not enough, Henry declared all nobles within the circumscribed area left to the city, to be exempted from its jurisdiction, even including those who had legally and officially made submission to it. Notwithstanding all this, Florence found it best to accept the Imperial grant. Thus things remained practically as before--that is to say, the Commune could continue to hold the virtual command, and snatch as much more as should be possible. The chronicler Paolino Pieri, in recording this concession, states that the Florentines regained the _contado_--"that is, they took it back," and by this phrase he unconsciously defines the real condition of things. Meanwhile, the Empire yielded the point legally by recognising the judicial rights of the Consuls within the city and over part of the _contado_ outside. As to the rest, it was left to be decided, as in the past, by force of arms. All this serves, in our opinion, to make things clear, and likewise to explain the inexactitude and confusion of the chroniclers, who, unable to distinguish between the practical and legal side of the question, continually jumbled both together. Undoubtedly it was hard to disentangle them, seeing that the fact was confronted by two, or rather three, separate rights, each refusing to acknowledge the others--namely, the right of the Empire, that of the Commune, and, lastly, that of the Pope, whose voice was always heard repeating--although always in vain--that the Church was Matilda's sole heir.

V.

Nevertheless, the presence in the _contado_ of German Podestà or counts exercised some influence, even if indirectly, on the city itself. Or rather, their presence contributed to modify its constitution by promoting in a certain way the creation of a new civic magistracy, bearing their own title. In fact, the Latin term of _potestas_, _potestà_, or _podestà_ was given to every chief authority during the Middle Ages; even in 1068 it was the title attributed to Duke Goffredo of Tuscany. Later, it was bestowed on the German counts governing the _contado_ in the name of Frederic I. From them it was afterwards transferred to municipal magistrates. It seems to have been given first to officials despatched by the Commune to the _contado_, when this was already occupied by German counts, in order to imitate and oppose them. At least, there is reason to believe that certain officials with Italian names, and bearing the title of Podestà of Florence--or of Florentine Podestà--before any such post had been created in the city, must have been of this class. Two of these officials, Renuccio da Stagia and Guerrieri, are known to us and mentioned more than once in the Rosano reports.[191] It seems probable enough that Renuccio may have been appointed before the year 1180[192]--that is, when there were assuredly Consuls in Florence.[193] Hence it is to be concluded that he held office in the _contado_. But whether or no this theory be admissible, it should be noted that all Florentine documents of the time, when mentioning the Consuls, always add the words: "sive Rector vel Potestas, vel Dominator." At first it is merely a generic formula, vaguely suggesting the possibility of another magistrature. But little by little the formula assumes a more concrete character; the term _Potestas_ becoming of so much more importance, as to often precede that of _Consules_.[194] Then, the new office is on the point of birth; and finally, in 1193, makes its appearance in the person of Gherardo Caponsacchi, a Florentine belonging to a consular family.

Ammirato was mistaken in thinking that there had been a magistrate of this kind in the year 1184, because he found that the treaty of alliance between Florence and Lucca mentioned no individual in particular, but made a general allusion to the office of Podestà.[195] As we have observed, however, too many similar allusions occur in State papers, even when Florence was certainly ruled by Consuls, to allow us to draw the same conclusion. It may be that Florence had a Podestà even earlier than 1193, but until we find some document specifying the name of a person filling that office, we cannot venture to assert it as a fact.

At any rate, the institution of the new magistracy was preceded by an increased influx of nobles within the city walls. This, indeed, was one of the chief causes of the change. Continual proofs to this effect are afforded by contemporary documents, and confirmed by the narratives of the chroniclers. The pseudo Brunetto Latini tells us that in 1192 the Consuls included "Messer Tegrino of the Counts Guidi, 'paladin' in Florence, and Chianni de' Fifanti." Now, to find a count and count palatine or paladine among the Florentine Consuls is an absolutely new thing. The same writer also says that in the same year "a decree was issued in Florence that the Counts Guidi and the Counts Alberti and the Counts da Certaldo, Ubaldini et Figiovanni, Pazzi and Ubertini, the Counts of Panago, and many other nobles, being citizens, were to dwell in the city of Florence during four months of the year." However much or little value this chronicler may have, his statement agrees with the information found in documents, and explains the origin of the new magistrature. Assuredly the nobles cannot have relished being subject to the popular consular government, against which they had struggled since the year 1177, and must have particularly disliked being under the jurisdiction of persons they deemed their inferiors in rank and dignity. Besides, as the elements composing the mass of the citizens became more heterogeneous, thus increasing the danger of civil war, so much the more the possibility of being judged by their political adversaries must have seemed unbearable to them. Hence the need was felt of a new magistrature of a different and, preferably, of an aristocratic character, and an Imperial institution, such as that of the Podestà, was chosen for a model. The holder of this office is no mere judge, as many believed and recorded; he is the positive head and representative of the Commune; he signs treaties, commands the army, and fills the place of the Consuls.

In fact, when on July 14, 1193, the Castle of Trebbio made submission to Florence, the Commune was officially represented by Gherardo Caponsacchi _Potestas Florentie et eius consiliarii_, together with the seven rectors of the headships (_Capitudini_) of the guilds.[196] The councillors, whose names are inserted in the document, are likewise seven, and almost all of consular houses; two, indeed, are nobles--namely, a Count Arrigo (perhaps of Capraia) and a Tegghiaio Bundelmonti. It seems certain that Consuls were again chosen in 1194, since the pseudo Brunetto Latini names two, one of whom was an Uberti. In 1195 a Podestà reappears in the person of _Rainerius de Gaetano, cum suis consiliariis_, among whom a _Consul iustitiae_ is included.[197] It may be considered a certainty that these councillors, whose number is continually varying in the documents, were no other than the Consuls, who survived in this transitory form for some time, with the Podestà as their chief. Together with him they represent the Commune, sometimes even without him. But by degrees their importance diminishes, while that of the Podestà is increased. In short, there is a period of transformation during which the new, and as yet, ill-defined form of government alternates with that of the Consuls.

In 1200 the Podestà is no longer a Florentine, but a foreigner, and already represents the government, unaided by councillors, who have disappeared altogether in 1207--namely, when the government has assumed its definite shape. Or, to express it more accurately, their function was continually changed and their number increased, until they were converted into a special council of the whole city, beside the ancient council or senate that was changed into a general council. On arriving at that time we shall find the government represented by the Podestà and two councils, sitting either separately or jointly, and styled in the latter case the general and special council. Thus the consular office may be considered to have been altogether extinguished. In fact, excepting one final attempt in 1211 and 1212, when Consuls were once more elected, we never meet with them again. What we have related will make it easier to understand why the chroniclers attribute the origin of the Podestà to various dates. The pseudo Brunetto Latini makes the office begin in 1200--namely, the year when it was first held by a foreigner, and alien birth considered an indispensable qualification for the post. Therefore, before that time, the chronicler seems to regard the Podestà chiefly as a head Consul.[198] We can also understand why Villani, on the contrary, should have dated the origin of the office from 1207. This, in fact, was the year in which it assumed a really definite shape, since the Podestà was not only a foreigner, but appears unescorted by councillors. Nevertheless, Villani makes a mistake in representing him as a magistrate chosen for the sole purpose of administering justice more impartially, and in adding that "the signory of the Consuls did not cease then, inasmuch as they continued to hold power over all other affairs of the Commune." He makes two blunders here, but the second is little more than a simple anachronism. In fact, although his statement cannot be true as regards 1207, it may have been at least partially true with reference to the preceding years, when the Consuls still survived their own decease, as it were, in the guise of councillors to the Podestà.

VI.

It is certain that there was a recurrence of consular government between 1196 and 1199.[199] But just at that time an event of considerable importance worked a radical change in the general policy of Tuscany, and is accordingly worthy of notice. The Emperor Frederic I. died on September 27, 1197, and his death led first to the abandonment and then to the total ruin of the Imperial system he had so persistently striven to establish throughout central Italy. The people of San Miniato destroyed the fortress held by the Germans, and subsequently the walls of St. Genesio.[200] The Florentines bought back the Castle of Montegrossoli, which had been re-occupied and fortified by nobles, who proved very troublesome.[201] After this Florence set a greater undertaking on foot, by forming a league of the Tuscan cities against the Empire. It was finally arranged at St. Genesio on November 11, 1197, when first the Lucchese, and then the Florentines, Siennese, the people of San Miniato, and the Bishop of Volterra made oath to maintain it, and the solemnity of the occasion was enhanced by the presence of two cardinals of the Church. The main terms of the treaty were, an alliance for the common defence against all opponents of the League, and a pledge that neither peace nor truce should be made "cum aliquo Imperatore vel Rege seu Principe, Duce vel Marchione," without the consent of the Rectors of the said League. It was also agreed to attack all cities, towns, counts, or bishops refusing to join the alliance when requested so to do.[202] What was the pressing danger? Why this alliance against the Empire at the moment when it was no longer a source of alarm? There is one stipulation that best explains the real object in view. It is to the effect that castles, towns, and small domains were only to be admitted to the League as dependents of the legitimate owners of the territory whereon these castles or domains might be situated; but a single exception was made in favour of Poggibonsi,[203] because its dominion was disputed by many claimants. Montepulciano was to be admitted as a dependence of Sienna whenever that city should be able to prove its right of dominion.

It seems clear from all this that the genuine purpose of the League was to take advantage of the emperor's decease in order to secure to the cities the complete possession of their respective territories. To this end it was necessary that Tuscany should be united, and consequently adherence to the League was to be, as far as possible, obligatory. Its subsequent documents leave no doubt as to the true aim in view; indeed, they furnish very ample proof that Florence had promoted the League, in order that all Tuscany might aid her to regain speedy possession of the _contado_. But, although the League was against the Empire, it was by no means intended for the defence of the Pope, since it utterly disregarded his pretensions to Matilda's inheritance. For refusing to recognise any emperor, king, duke, or margrave, without the approval of the Roman Church, a proviso was added showing that should the Pope desire to join the League, he must accept its terms in order to win admittance. Should he request assistance to reconquer his own territories, everything was to be done according to the orders of the Rectors of the League. But should the territory he wished to reconquer be already in the hands of the communes, or of any of the allied cities, the League could afford him no help. It was impossible to speak more clearly. Accordingly, when Innocent III. became Pope, early in 1198, we soon find him manifesting much disapproval of the conduct of the League, in spite of being adverse to the Empire and favourable to the national Italian spirit.

At Castel Fiorentino, on December 4, 1197, the Rectors of the League were sworn in. First among them were the Bishop of Volterra and the Florentine Consul Acerbo, who was practically the head, although that title was accorded to the bishop by reason of his ecclesiastical rank. For the moment Pisa and Pistoia held back; but these and other Tuscan cities had retained the right of adhering to the League.[204] Arezzo had already joined on the 2nd of December, Count Guido gave his oath on February 5, 1198, and Count Alberto on the seventh of the same month. Nevertheless, in signing the second of these two treaties, the Florentines expressly reserved their right to attach Semifonte, and procure the submission of the Alberti estates of Certaldo and Mangone, even by force if required.[205] Thus many other adhesions were obtained by means of stipulations virtually implying acts of submission to Florence.

This was the moment chosen by the newly elected Pope Innocent, soon after his consecration in the same month of February, to write to the two cardinals who had witnessed the oath to the League, stating that on many points he considered the said treaty "nec utilitatem contineat, nec sapiat honestatem," inasmuch as it neglected the fact of the Duchy of Tuscany appertaining to the Church, "ad ius et dominium Ecclesiae Romanae pertineat." He intended, therefore, to enforce his rights. If the members of the League submitted to him, he would compel the Pisans, under threat of interdict, to likewise join them against the Empire; otherwise he would leave them at liberty to do as they chose.[206] But as no attention was paid to him, he had to make a virtue of necessity and considerably lower his tone.[207] Some slight concessions, though of what nature is unknown, seem, however, to have been made to him, for afterwards, when writing to the Pisans, he appeared to be better satisfied, and urged them to join the League. It is, however, certain that they persisted in their refusal, and although the Pope, grown shrewder by experience, afterwards became a declared and energetic champion of the League against the Empire, this fact only availed to augment his moral and political influence, without winning him a single handsbreadth of territory, or enabling him to enforce any one of his pretended rights over Tuscany. The Florentines, on the contrary, profited more and more by this state of things. On April 10, 1198, Figline entered the League, not only made submission to Florence, but paid a yearly tribute also[208]; and on the 11th of May Certaldo agreed to identical terms.[209] The Republic persevered in the course it had marked out with equal shrewdness and energy. It allowed the nobles to take an increasing part in the government, so as to secure their hearty co-operation in achieving the aim it had in view. The same Count Arrigo da Capraia, who in 1193 was on the council of Podestà Caponsacchi, was actually promoted to the consulship in 1199.[210] Finally, in 1200, a foreigner was elected Podestà,[211] in the person of Paganello Porcari of Lucca, a measure that, as we have already noted, the nobles had long desired to carry out. And as Porcari showed energy and daring in the conduct of the war he was again chosen the following year. Then, in February, 1201, Count Alberto made oath to cede the height of Semifonte, with its fortress and walls, to the Florentines; and to assist them, whenever required, to gain possession of Colle, Certaldo, and the town of Semifonte.[212] The Bishop of Volterra likewise made oath to assist them in these campaigns.[213] All this seemed to come about as an inherent consequence of the terms of the League, and before long the allies, finding themselves reduced to serve the interests of Florence alone, naturally began to show signs of weariness and suspicion. But, heedless of all else, the Commune made ready for the expedition against Semifonte, for which all these treaties had paved the way.

Florence had long contemplated the seizure of that stronghold, for, owing to its strategic advantages and the ease with which the position could be reinforced by friendly neighbours, it had been a thorn in her side. Accordingly the now haughty Republic determined to make an end of it. We have already related how in 1184 Count Alberto had been compelled to accept the same terms exacted from the people of Pogna in 1182--namely, to give his solemn promise to build no defences. Nevertheless, profiting by the arrival of Frederic I. and the difficulties in which Florence was then involved, he had presently erected the Castle of Semifonte on the Petrognano rock, and Florence had never forgiven this offence. He had also assumed the title of _Comes de Summofonte_. Near the castle a town had sprung up, and, as many sought refuge there from neighbouring places conquered and taxed by Florence, its population had rapidly increased. Indeed there was already this rhyme afloat in the _contado_:

"Firenze, fatti in là,
Che Semifonte si fa città."[214]

It was for these reasons that the Republic so persistently tried to secure pledges of help from its neighbours by the numerous treaties to which reference has been made, and likewise by others concluded through the efforts of the energetic Podestà. But Sienna had still to be reckoned with, and Sienna might do good service to the hostile Alberto, who was already prepared for defence. Accordingly the Florentines signed an alliance with that state on March 29, 1201, promising their aid against Montalcino, which showed as threatening a front to Sienna as the Semifonte position towards their own city.[215] Also Colle was made to swear to accord no help to the people of Semifonte.[216] Thereupon the war finally began.

The chronicler Sanzanome, who witnessed it, declares, with his habitual exaggeration, that it lasted five years, but he may have counted in all the preliminary skirmishes.[217] At any rate, it was a hard struggle, for, treaties notwithstanding, Semifonte received help from all its neighbours, whose jealous dread of Florence had considerably increased. Then, too, owing to the strength of its position and the ability of Scoto, its valiant Podestà, the castle opposed so vigorous a resistance to the beleaguring army surrounding it on all sides, that the Florentines, seeing no hope of winning it by force, called treason to their aid. A certain Gonella, with some other fugitives, escaped from an adjoining territory, had taken refuge in the castle, and been entrusted with the defence of the Bagnuolo tower. This man made use of his post to betray the place to the enemy. But at the moment that he and his comrades were in the act of opening the gate, the defenders of Semifonte fell on them with fury and killed them all. Nevertheless, the evil deed had done its work, for Semifonte was speedily forced to surrender. Even if this was not brought about by treason alone, as Villani asserts (v. 30), the betrayal of the tower undoubtedly contributed to that result. In fact, on February 20, 1202, the Consuls, then returned to office in Florence, granted a perpetual exemption from all dues or taxes to the descendants of Gonella and his companions fallen in the cause of the Republic.[218] The same year, on the 3rd of April, the terms of the castle's surrender were subscribed and sworn. The Florentines assured pardon, protection, and the return of all prisoners to the people of Semifonte, but the latter were bound to demolish their fortress and walls; were to desert the hill and settle in the plain; and all save the soldiery and the churches were to pay a yearly tax of twenty-six _denari_ on every hearth.[219]

The Pope expostulated strongly with the Florentines for their cruelty towards Semifonte, but after sending him a letter of justification in reply, the Consuls continued to follow their own course, and picked a quarrel with the Siennese.[220] The point of dispute was the Castle of Tornano, in the Paterno valley. Florence wished to get possession of it, and the Siennese declared that it was not theirs to give, seeing that it was the property of independent lords. Thereupon the Florentines set to work in their usual way, by persuading Montepulciano, a large town belonging to Sienna, to swear submission to them, and also promise an annual tribute.[221] Accordingly, war would have broken out at once, but for the intervention of Ogerio, the Podestà of Poggibonsi. Being accepted as arbiter, he carefully studied the question of border lines, and conscientiously defined them. His verdict was given on June 4, 1203.[222] According to the boundaries traced by Ogerio, Florence retained the whole of the Fiesolan and Florentine _contado_, and the valley of Paterno was comprised in these limits. The Siennese were to do their best to persuade the lords of the castle to cede that as well. Both sides agreed to this arrangement;[223] it was scrupulously respected by the Siennese, and on May 15, 1204, it was sanctioned by Pope Innocent III., at the express desire of the Florentines.[224] Nevertheless, the latter continued their secret practices with Montepulciano, and on the 30th and 31st of May induced that town to renew its oath of offensive and defensive alliance against Sienna.[225] As soon as this became known, there were fresh complaints, fresh protests from the Siennese. They brought the affair before the League, and the Rectors of the same were expressly assembled at San Quirico di Osenna, April 5, 1205, under the presidency of the Bishop of Volterra, the Florentines and Aretines having declined to appear. By the examination of witnesses, it was clearly proved that Montepulciano appertained to the Siennese.[226] We do not know whether the verdict was then pronounced, nor do we know the final result of the quarrel. But it seems clear that from this moment the League was virtually dissolved, and by the act of the Florentines, its original initiators. Their primary object was now achieved in the main, and henceforth they could expect nothing from their allies save impediments to the fulfilment of their ulterior designs. For, more or less, all distrusted their ambition, and were tired of playing the part of passive tools.

But the Florentine Consuls allowed nothing to check their course of action, and quarrelled next with the Counts of Capraia owning a castle of the same name on the right bank of the Arno, near the Pistoian frontier. In conjunction with the Pistoiese, these nobles could easily bar the Arno against the Florentines. Accordingly, before this, in 1203, the latter had deemed it well to erect another castle on the opposite bank at a place called Malborghetto. The very significant name of Montelupo that they gave to the new building was sufficiently expressive of its purpose. In fact, men already repeated the saying, "To destroy this goat, there needs a wolf."[227] This affair also would have provoked strife had not the Florentines, with their accustomed diplomatic subtlety, profited by the friendly offices of the Lucchese to turn it to their own advantage, and avoid coming to blows. In fact, a treaty was arranged in June, 1204, by which Florence was bound to leave the right bank of the river unmolested, and the Counts of Capraia to respect the left bank of the same.[228] And before long the count decided to swear alliance and fealty to the Florentines, together with his dependents, all of whom, excepting the soldiery, became subject to a yearly hearth tax of twenty-six _denari_. He also ceded his castle and other possessions on the left side of the Arno, near Montelupo, being likewise pledged to the defence of this fort.[229]

According to the pseudo Brunetto,[230] and one of the old lists of Consuls, although with no documentary evidence of the fact, Count Rodolfo, son of Count Guido di Capraia, became Podestà of Florence in 1205. Now, if this be true, it must be concluded that his nomination had been also stipulated in the treaty.[231] In the ensuing year the consular government seems to have been resumed, but in 1207 we come at last to the genuine Podestà of foreign birth, in the shape of Gualfredotto Grasselli of Milan, who henceforth represented the Commune without requiring the assistance of his _consiliarii_. Grasselli, too, was re-elected the following year, to enable him to carry on the campaigns the Florentines had planned with so much ardour some time before. An occasion for renewing hostilities was not long delayed. The Montepulciano question had become angrier; and accordingly the Siennese, considering that territory to be theirs by right, resolved to attack it. In the certainty of being reinforced, Montepulciano made a most obstinate defence; and the Florentines, after waiting awhile, also recurred to arms in 1207. In co-operation with Lombard, Romagnol, and Aretine allies, they marched with their _Carroccio_ to the assault of the Castle of Montalto della Berardenga, between the rivers Ambra and Ombrone, which the Siennese had guarded on all sides with their Pistoian, Lucchese, and Orvietan friends. These were all routed on the 20th of June, leaving many prisoners in the enemy's hands. According to Paolino Pieri the number taken was 1,254. The castle was destroyed, but the war went on, notwithstanding the Pope's efforts to bring about a peace. The Florentines then made a furious attack on the Castle of Rigomagno, and when the scaling ladders broke down they climbed on one another's shoulders and thus won the walls. The capture of this stronghold made them masters of the Ombrone valley.[232] Thereupon (February, 1208) the Siennese were forced to accept peace on very hard terms. By the treaty concluded between the 13th and 20th of October,[233] they were pledged to yield all their possessions at Poggibonsi, to cede Tornano and its tower, to observe the boundaries adjudged by Ogerio, in every direction, and to leave Montepulciano unmolested. The prisoners on either side were exchanged.

But this war already betokens the advent of a new period in Florentine history. The conquest of the _contado_ was no longer in question, for the Republic already possessed it in full. With the growing prosperity born of its numerous victories, the city had now to open roads for its vast commerce. It was not only the vagueness of their respective frontiers and the wish to enlarge them that caused Sienna and Florence to be continually at strife; it was their commercial rivalry in the markets of Italy, and especially as regarded the trade with Rome; this near neighbour having become, through the widespread relations of the Church, the principal centre of financial affairs in the civilised world. For some time past it had been the aim of Florence to obtain a monopoly of these affairs, and this was one reason why she had always adhered to the Guelphs. She had had frequent disputes with Arezzo, Volterra, and above all with Sienna, as being the most powerful city on the road to Rome. So the two rivals were perpetually stirred to fresh and fiercer strife. So, too, before long, the irresistible need of Florence for free communication with the sea became the chief cause of her equally long and sanguinary wars with Pisa, the city barring her way to the coast. But as this conflict had not yet begun, the subject will be resumed in due time. In fact, the peace of Sienna was followed by some years of truce with foreign foes, although there was little peace within the city, where the seeds of civil war were already on the point of bursting forth.

The foreign Podestà, unattended and unchecked by the former councillor-consuls, as they might be called, has now become a settled institution; and, save for their brief re-establishment during 1211 and 1212, the Consuls, as already related, have vanished for ever. This was undeniably a triumph for the patricians, to whom the working people had bent for the nonce, in order to secure their co-operation in the difficult task of reducing the _contado_ to submission. The achievement of this conquest gave an extraordinary impulse to trade, and by opening an increasingly wide field for commercial enterprise, induced the desire to develop it still more. Hence, it was not to be expected that a republic whose prosperity and strength were wholly based on its industry and commerce, could or would be satisfied, in the long run, with a government suited to nobles, whose constant tendency was to grow stronger, haughtier, and more overbearing. From this moment, therefore, a struggle between the people and the patricians (_grandi_) was inevitable. The long series of civil wars, lacerating the city and staining its stones with blood, is in fact on the point of beginning.