, 1116). But under his
weak successors the independence of the cities reached such a pitch as
to be manifestly intolerable to an energetic monarch like Frederick I.
Besides, the more powerful among them would subdue or destroy their
weaker neighbours, and two parties were formed, one headed by Milan, the
other by Cremona. Como and Lodi complained of the violence used to them
by the former city. Therefore in 1158 a commission was appointed
embracing four Roman legists as representatives of the emperor, as well
as those of fourteen towns, to examine into the imperial and municipal
rights. The claims of the imperial government, jurisdictional and other,
were acknowledged, only such rights of self-government being admitted as
could be shown to be grounded on imperial charters. But when it came to
carrying into effect these Roncaglian decrees, a general rising
resulted. Milan was besieged by the emperor and destroyed in 1162 in
accordance with the verdict of her rivals. Nevertheless, after a defeat
at Legnano in 1176, Frederick was forced to renounce all pretensions to
interference with the government of the cities, merely retaining an
overlordship that was not much more than formal (peace of Constance in
1183). All through this war the towns had been supported by Pope
Alexander III. Similarly under Frederick II. the renewal of the struggle
between emperor and pope dovetailed with a fresh outbreak of the war
with the cities, who feared lest an imperial triumph over the church
would likewise threaten their independence. The emperor's death finally
decided the issue in their favour.
Constitutionally, municipal freedom was based on the formation of a
commune headed by elected consuls, usually to the number of twelve,
representing the three orders of _capitani_, _valvassori_ and _popolo_.
Frequently, however, the number actually wielding power was much more
restricted, and their position altogether may rather be likened to that
of their Roman predecessors than to that of their German contemporaries.
In all important matters they asked the advice and support of "wise
men," _sapientes, discretiores, prudentes_, as a body called the
_credenza_, while the popular assembly (_parlamentum, concio, consilium
generale_) was the true sovereign. The consuls with the assistance of
_judices_ also presided in the law-courts; but besides the consuls of
the commune there were _consules de placitis_ specially appointed for
jurisdictional purpos
|