All that we have so far related serves to show with increasing clearness that two quite distinct classes of citizens already existed in Florence—namely, that of the people or trades (arti), and that of the worthies (grandi). Had the new government been evolved from the trades alone, it would have assumed a form constituted on the basis of a trade guild. Had it issued from the grandi alone, it would have given rise to a regional and local constitution, corresponding with the sestieri of the city over which their abodes were scattered. In all Italian communes this double tendency is to be found. In Rome the constitution by districts, or rioni, prevailed; while at Florence, after a time, the constitution by guilds obtained in consequence of the enormous prosperity of commerce and industry in that city. Meanwhile, however, the moral predominance of the grandi and the pressing exigencies of war favoured a division of the city in sestieri, whereby the first assembling and organising of the army was greatly facilitated. It was for this reason that the Consuls were elected by their respective sestieri.128 That the grandi were already organised in "Societies of the Towers" there is written evidence to prove. A document of 1165 alludes to these societies as having been in existence for some time,129 and the parchments of the Florence Archives comprise actual fragments of their statutes dated only a few years later on.130 The "Tower" was possessed in common by the partners or associates, and no share in it could be bequeathed to any one outside the society, or to any member elected by less than all votes save one. Women were naturally excluded. The expense of maintaining and fortifying the Tower, which always communicated with the houses of neighbouring members, and served for their common defence, was divided among them all. Three or more rectors, also sometimes called Consuls, managed the society, settled disputes, and named their own successors. These rectors and their companions are the men we now find at the head of the government; and there is clear documentary evidence that the Consuls of the Commune were almost invariably chosen from families belonging to the Societies of the Towers. When, too, we observe that some of them were occasionally nominated Consuls of the guilds,131 as Cavalcanti, for example, and several others, we gain an undoubted proof of the friendly terms preserved, as we have previously noted, between these nobles and the people. The societies were organised somewhat after the fashion of the guilds, by which they may have been originally inspired, and were not on a strictly feudal basis.132

Had the more aristocratic Uberti achieved sole predominance in the city, things would have assuredly taken a different turn; but these patricians were compelled, although reluctantly, to yield to the force of events frequently opposed to their views. In fact, they were seldom Consuls before the year 1177, when, after exciting a genuine revolution, they were more frequently named to that post. This confirms the fact of their previous defeat in 1115. The consular government had then fallen into the hands of several noble families on good terms with the people. And it was the popular voice that prevailed in the assemblies where all the chief questions and interests of the State were decided.

The Consuls133 were elected at the beginning of the year, two for each sestieri. At least, this seems to have been the ordinary number, although we cannot be quite certain, since the number was not invariably the same. Two of the twelve, chosen in rotation, acted as heads of the college, and were styled Consules priores. For this reason the chroniclers only mentioned two Consuls as a rule, and sometimes one alone. In documents two, three, or even more are mentioned, but always as representing the rest of their colleagues, whose names are often added. Most rarely and only at exceptional moments do we find record of a higher number than twelve.134 Then perhaps because the retiring Consuls continued in office with the new ones for a few days, or from some other passing cause that is unknown to us. Such variations are not surprising if it is kept in mind that the constitution of Florence, being then in course of formation, must have been liable to uncertainty and change, as will often be seen further on.

IX.

Attention should now be called to the popular element in the constitution. That the guilds were solidly established by the early part of the twelfth century is indubitably proved. Villani says that towards the year 1150 the Consuls of the Merchants, or rather of the "Calimala Guild," were entrusted by the Commune of Florence with the building works of "San Giovanni" (i. 60). Of still greater significance is the fact that on February 3, 1182, the men of Empoli, in making submission to Florence, were bound to make a yearly payment of fifty pounds of "good money" (buoni denari) to the Consuls or Rectors of the city, and, failing these officials, to the Consuls of the Merchants,135 as representing the Commune. Now, if these Consuls had reached so high a degree of importance in 1182, we are entitled to believe that the guild was of no recent origin. And remembering that the guild in question was the Calimala—i.e., that of finishers and dyers of woollen cloths manufactured abroad, and more especially in Flanders, imported by Florence, and thence despatched to foreign markets—we shall understand that Florentine commerce must have already attained a prodigious development, and consequently that many of the guilds must have been already long established. A solitary instance would naturally afford little proof, since it might be open to various interpretations; but others can be adduced to the same effect. In a treaty between Lucca and Florence of July 21, 1184, we find a stipulation according to which the terms might be modified by the Florentine Consuls comuni populo electi, and by twenty-five counsellors, provided, as was expressly declared, the Consuls of the merchants were comprised in the number.136 Likewise, when the men of Trebbio made submission on July 14, 1193, the power of incorporating the agreement in the City Statutes was exclusively reserved to the seven Rectores qui sunt super Capitibus Artium.137

But a final observation occurs to us at this point, again showing the very uncertain and changeable nature of this consular government. In mentioning the chief authorities of the Commune, almost all documents refer to them as "Consules seu rectores vel rector," with the addition, at a later date, of "Potestas sive dominator."138 All these terms had a very general meaning at the period. Nevertheless, there must have been some reason for employing the formula—Consuls or Rectors or Potestà—in treaties of peace, or alliance, or state documents of high importance; and probably a special reason, seeing that we often find the formula ending as follows: "Consules qui pro tempore erint, et si non erint," the Rectors or the Potestà or the Consuls of the guilds were to act in their stead. Why so much vagueness in indicating the chief magistrate of the Republic? Only one explanation is possible. The real practical government of the city was carried on by the various associations; the office of Consul had few attributes and never attained the power and importance due to a central government, as conceived in the modern sense. The same remark may be also applied to the Priors, the Ancients, and other officers of later date; but it is specially true as applied to the consuls, under whom the various civic societies were first united in a single government. Therefore, to meet the eventuality of no Consuls being in office at the moment, it was provided that the Rectors of the Towers or of the guilds should naturally assume the power directly emanating from them. But as no public acts performed in the name of the Rectors are extant, we may conclude that the contingency arranged for seldom arose.

Frequent mention occurs of counsellors (consilarii), and we note that representatives of the guilds were comprised among them. We know, in fact, that there was a council in Florence, as in other Italian communes, and Villani tells us (iv. 7, and v. 32) that this council was called a senate "according to the custom given by the Romans to the Florentines," and composed of one hundred worthies (Buoni Uomini). In documents, however, they are nearly always entitled consiliarii, the term "senator"139 only occurring once; but in those days the term senato or consiglio, senatori or consiglieri, were often indiscriminately applied, particularly with regard to the limited or Special Council, as it was afterwards called. No documents supply us with the precise number of the councillors; but we believe the one hundred recorded by Villani must be somewhat under the exact figure, since a form of oath sworn by 133 councillors is extant.140 Perhaps each sestiere elected about twenty or twenty-five members, without this being the invariable rule, and thus the Council might be approximately designated as that of the "Hundred." Then, too, there was the parliament, also known as the Arengo,141 which was a general assembly of the people, held on great occasions for the gravest affairs of the State.

X.

Thus the Florentine Commune resembled a confederation of Trade Guilds and Societies of the Towers. Its directing authorities for affairs of war, finance, justice, and other matters of the highest importance, were the Consuls, elected yearly, with a senate or council of about a hundred worthies, likewise elected yearly, and lastly a parliament. The Consuls were almost invariably chosen from members of the Companies of the Towers, and if, for any reason, no election of Consuls took place, the rectors of the Towers or of the guilds were provisionally empowered to act in their stead. But the guilds predominated in the Council, and as a natural consequence the government assumed a popular character from that time, and the whole policy of Florence always tended to promote the trade and commerce of the city.

Nevertheless, to obtain a still clearer idea of a government of this kind, it would be requisite to ascertain exactly who and what were the citizens entitled to a share in it, and this point is still somewhat doubtful. The outlying territory (contado) was entirely excluded from citizenship, nor was this privilege granted to all dwellers within the walls, the lower class of artisans and the populace being excluded from it.142 Hence the government was concentrated in the hands of a few powerful families, the heads of the guilds, and their principal adherents. In fact, even down to the last days of the Republic real citizenship—the possessors of which alone were eligible to political posts—was a privilege conceded to few, and even in 1494 the number of citizens scarcely exceeded three thousand. For this reason, even at the present day, we may find a few humble families asserting their inheritance of old Florentine civic rights, as a rare privilege and almost as a title of nobility. At Venice, even in the eighteenth century, to the last days of the Republic there still existed different grades of citizenship, and the right of government was restricted to a small caste. This is one of the points in our history demanding closer investigation. It is true that the whole people met indistinctly in parliament; but such assemblies were mostly of a purely formal kind. For, seeing that the parliament was convoked either in some square, often of small extent, or inside a church, we are bound to infer that the privilege accorded to all the inhabitants of the city was nominal rather than real.

It were likewise superfluous to add that the exact division of power, as in modern constitutions, was entirely ignored in those days. Affairs were divided according to their importance and the quality of the individuals concerned in them, rather than according to their nature. The Council of the Hundred was not, as might be supposed, at this day, a legislative assembly, nor was the executive power vested in the Consuls. The latter gave judgment, administered affairs, commanded armies, executed the will of the people, and occasionally completed legislative acts even without the aid of the Council. This, however, was always consulted regarding very important reforms, but often voted for or against them without any discussion. On questions of extraordinary moment the parliament gave its placet without always understanding the nature of the question. On the other hand, not only affairs of some gravity, and particularly those for which money was needed, were referred to the Council; but this could also be consulted, at the Consul's pleasure, on any question whatever, from the proposed execution of some political offender to granting some citizen permission to transfer his abode from one sestiere to another.143 Although a question of the latter kind seems very insignificant to us nowadays, it was an important one then, since it altered the distribution of the inhabitants in different parts of the city, and consequently the relative strength of these parts and the proportional right of the citizens to fill public offices—a point that was very jealously watched.

Such was the first form of government adopted by the Florentine Commune. But the Commune was not yet consolidated nor sufficiently sure of its strength. The territory beneath its sway was very limited in extent, with ill-defined, disputable and disputed frontiers. Even within these borders the Commune had very little power, inasmuch as the castled nobility not only vaunted their independence of the city, refusing to acknowledge any authority save that of the Empire, to which they were not always submissive, but waged constant war on the Commune, and perpetually incited neighbouring lands to rebellion. Accordingly, the first thing to be done at this juncture was to seize the contado by force of arms, reduce it to subjection and govern it, the which, as we shall see, led to many new and serious complications, both within and without the walls. These vicissitudes constitute the real civil history of Florence, which finally starts from this moment.

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 Florence160 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 1180192—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.