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.