[1] 'Hospes eras, civem feci. Advena fuisti ex transalpinis partibus, principem constitui. Quod meum jure fuit, tibi dedi.' See Ottonis Episcopi Frisingensis Chronicon, De Rebus Gestis Frid. i. Imp. Lib. ii. cap. 21. Basileæ, 1569. The Legates appointed by the Senate met the Emperor at Sutri, and delivered the oration of which the sentence just quoted was part. It began: 'Urbis legati nos, rex optime, ad tuam a Senatu, populoque Romano destinati sumus excellentiam,' and contained this remarkable passage: 'Orbis imperium affectas, coronam præbitura gratanter assurgo, jocanter occurro … indebitum clericorum excussurus jugum.' If the words are faithfully reported, the Republic separates itself abruptly from the Papacy, and claims a kind of precedence in honor before the Empire. Frederick is said to have interrupted the Legates in a rage before they could finish their address, and to have replied with angry contempt. The speech put into his mouth is probably a rhetorical composition, but it may have expressed his sentiments. 'Multa de Romanorum sapientia seu fortitudine hactenus audivimus, magis tamen de sapientia. Quare satis mirari non possumus, quod verba vestra plus arrogantiæ tumore insipida quam sale sapientiæ condita sentimus. … Fuit, fuit quondam in hac Republica virtus. Quondam dico, atque o utinam tam veracitur quam libenter nunc dicere possemus,' etc.
Strengthened by their contest with Frederick Barbarossa, recognized in their rights as belligerent powers, and left to their own guidance by the Empire, the cities were now free to prosecute their wars upon the remnants of feudalism. The town, as we have learned to know it, was surrounded by a serried rank of castles, where the nobles held still undisputed authority over serfs of the soil. Against this cordon of fortresses every city with singular unanimity directed the forces it had formed in the preceding conflicts. At the same time the municipal struggles of Commune against Commune lost none of their virulence. The Counts, pressed on all sides by the towns that had grown up around them, adopted the policy of pitting one burgh against another. When a noble was attacked by the township near his castle, he espoused the animosities of a more distant city, compromised his independence by accepting the captaincy or lieutenancy of communes hostile to his natural enemies, and thus became the servant or ally of a Republic. In his desperation he emancipated his serfs, and so the folk of the Contado profited by the dissensions of the cities and their feudal masters. This new phase of republican evolution lasted over a long and ill-defined period, assuming different characters in different centers; but the end of it was that the nobles were forced to submit to the cities. They were admitted to the burghership, and agreed to spend a certain portion of every year in the palaces they raised within the circuit of the walls. Thus the Counts placed themselves beneath the jurisdiction of the Consuls, and the Italic population absorbed into itself the relics of Lombard, Frank, and German aristocracy. Still the gain upon the side of the republics was not clear. Though the feudal lordship of the nobles had been destroyed, their wealth, their lands, and their prestige remained untouched. In the city they felt themselves but aliens. Their real home was still the castle on the neighboring mountain. Nor, when they stooped to become burghers, had they relinquished the use of arms. Instead of building peaceable dwelling-houses in the city, they filled its quarters with fortresses and towers, whence they carried on feuds among themselves and imperiled the safety of the streets. It was speedily discovered that the war against the Castles had become a war against the Palaces, and that the arena had been transferred from the open Contado to the Piazza and the barricade. The authority of the consuls proved insufficient to maintain an equilibrium between the people and the nobles. Accordingly a new magistrate started into being, combining the offices of supreme justiciary and military dictator. When Frederick Barbarossa attempted to govern the rebellious Lombard cities in the common interest of the Empire, he established in their midst a foreign judge, called Podestà quasi habens potestatem Imperatoris in hâc parte. This institution only served at the moment to inflame and imbitter the resistance of the Communes: but the title of Podestà was subsequently conferred upon the official summoned to maintain an equal balance between the burghers and the nobles. He was invariably a foreigner, elected for one year, intrusted with summary jurisdiction in all matters of dispute, exercising the power of life and death, and disposing of the municipal militia. The old constitution of the Commune remained to control this dictator and to guard the independence of the city. All the Councils continued to act, and the Consuls were fortified by the formation of a College of Ancients or Priors. The Podestà was created with the express purpose of effecting a synthesis between two rival sections of the burgh. He was never regarded as other than an alien to the city, adopted as a temporary mediator and controller of incompatible elements. The lordship of the burgh still resided with the Consuls, who from this time forward began to lose their individuality in the College of the Signoria—called Priori, Anziani, or Rettori, as the case might be in various districts.
The Italian republics had reached this stage when Frederick II. united the Empire and the kingdom of the Two Sicilies. It was a crisis of the utmost moment for Italian independence. Master of the South, Frederick sought to reconquer the lost prerogatives of the Empire in Lombardy and Tuscany; nor is it improbable that he might have succeeded in uniting Italy beneath his sway but for the violent animosity of the Church. The warfare of extermination carried on by the Popes against the house of Hohenstauffen was no proof of their partiality for the cause of freedom. They dreaded the reality of a kingdom that should base itself