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]