From all this it is clear that the Church had been made inde pendent of the empire, and that the commune, despite its numer ous concessions, was by no means subject to the Church. The republic had no patrician nor any other imperial magistrate and preserved its independence even as regarded the pope, who merely granted investiture to magistrates freely chosen by the people and had no legislative nor administrative power in the city. His temporal dominion was limited to his great possessions, to his regalia, to a supreme authority that was very indefinite, and to a feudal authority over the barons of the Campagna and many cities of a State that seemed ever on the point of dissolution. The senate continued to frame laws, to govern, and to administer justice. The army carried on the wars of the commune, as we see by the tragic fate of Tusculum, which was razed to the ground on April 19, 1191. In consequence, the nobles, seeing that the commune remained firmly established, began to adhere to it and succeeded in obtaining admission to the senate. In fact, whereas since 1143 plebeians and petty nobles had prevailed in its ranks, nobles of ancient descent are now found outnumbering the knights and burghers. In 1191 this state of things caused a sudden popular outbreak which abolished the aristocratic senate and gave the headship of the commune to a single senator, of unknown origin. During the two years he remained in office this personage stripped the pope of his revenues, despatched justitiarii even to the prov inces, and with the aid of the parliament and council promulgated laws and statutes. He was overthrown by a counter-revolution; John Capoccio of the party of the nobles became senator for two years, and had been succeeded by one of the Pierleoni when, in 1197, a fresh revolution re-established a senate of 56 members, chiefly consisting of feudal barons in high favour with Henry VI., who had revived the imperial faction in Rome. But this emperor's life ended the same year, and the pope's in 1198, and the new pontiff, Innocent III. (1198-1216), began to make war on the nobles, who were again masters of the commune. Their leader was the prefect Peter di Vico. Owing to the revolution of 1143, most of the prefectorial attributes were now vested in the senate; nevertheless, Peter still retained a tribunal of police both within and without the city, and derived great strength from the vast possessions of the Vico family, in which the office of prefect now became hereditary. Very soon after this, however, the inde pendent municipal office lost its true character. Then the popes made a point of according great pomp and dignity to this nominal prefect, in order to overshadow the senator, who still represented the independence of the republic.
Innocent III., dissatisfied with this state of things, contrived by bribing the people to arrogate to himself the right of appointing a commissioner to elect the senator, who had to swear fealty and submission to the pope, and also that of nominating the provincial justitiarii, formerly chosen by the government of the capitol. This was a deadly blow to the commune, for the principal rights of the people—i.e., the election of pope, prefect, and senate—were now lost. The general discontent provoked fresh revolutions, and the people made a loud outcry for a senate of 56 members; the pope, making a virtue of necessity, caused that number to be chosen by 12 mediani specially named by him for the purpose. Even this did not calm the popular discontent, and when, six months later, the pope again had a single senator elected the Romans rose to arms and in i 204 formed a government of "Good Men" (Buoni U omini) in opposition to that created by the pope. But an amicable arrangement being concluded, the pope once more had 56 senators nominated ; and when, soon after, he again reduced them to one, the people were too weary to resist (1205).
Roman people appointed judges, imposed taxes, issued coin, and made the clergy amenable to secular tribunals. In 1234 the senator Luca Savelli published an edict declaring Tuscia and Campania territories of the republic, and sent judges thither to exact an oath of obedience. He also despatched the militia to the coast, where it occupied several cities and erected fortresses; and columns were raised everywhere inscribed with the initials S.P.Q.R. The pope, unable to prevent but equally unable to tolerate these acts, fled from Rome, hurling his anathema against Savelli and his associates. The Romans sacked the Lateran and the houses of many cardinals and marched on Viterbo, but were driven back by the papal troops. The people had to make peace and submission in 1235, and were obliged to give up their pre tensions of subjecting the clergy to ordinary tribunals and the urban territory to the commune. Thus matters were virtually settled on the footing established by Innocent III., thanks to the aid given to the pope by Frederick II., who had previously aided the rebellion.
Meanwhile the struggle between Frederick II. and the pope was once more renewed. The nobility was again split into a Guelph party headed by the Orsini and a Ghibelline party under the Colonna. In 1238 it was deemed advisable to elect two senators instead of one, in the hope of conciliating both factions by simultaneously raising them to power. Afterwards one only was elected, alternately an Orsini and a Colonna, then again two, and so on. But all these changes failed in their aims, since the struggle between emperor and pope exasperated party feeling in Rome. Frederick desired to emancipate the State from the Church, but he was opposed to the communal democracy, which was then the chief strength of the secular State in Italy. Thus, although he had a strong party in Rome, it seemed to dissolve at his approach, inasmuch as all feared that he might abolish the statutes and liberties of the commune. In fact, when he advanced towards Rome on the death of Gregory IX. in 124r, he was energetically repulsed by the people, and later even by Viterbo, a city that had always been faithful to him. After he had with drawn, his adherents gained strength and put to flight his oppo nent, Innocent IV. (1243-54), the newly elected pope, who then from Lyons hurled an excommunication against him. On Fred erick's death in Dec. 125o the pope instantly returned to Rome with the set purpose of destroying the power of the Hohenstauf Brancaleone.—The commune meanwhile being harassed by the factiousness of the nobility in 1252 decided on the election of an alien senator armed with ample powers, precisely as other communes gave the government into the hands of a podesta. Accordingly a Bolognese noble, Brancaleone degli Andalo, count of Casalecchio, and a Ghibelline, was invited to Rome. Before accepting office he insisted on making definite terms; he desired to hold the government for three years; and this although con trary to the statutes, was granted. Further, to insure his personal safety, he demanded that many scions of the noblest Roman houses should be sent as hostages to Bologna; and to this also the commune consented. Then, in Aug. 1252, he came with his judges and notaries, made oath to observe justice and the laws, and began to govern. He was head of the republic in peace and in war, supreme judge and captain in chief. He nominated the podestas of subject territories, despatched ambassadors, issued coin, concluded treaties, and received oaths of obedience. He convoked the council as seldom as was possible, although he fre quently assembled the people in parliament. The chief complaint made against him was of undue severity in the administration of justice. He rendered the clergy amenable to secular tribunals, subdued the neighbouring cities of Tivoli, Palestrina, etc., and commanded in person the attacking force. But his greatest energy was directed to the repression of the more turbulent nobles, hang ing some and banishing others. He recognized the expediency of winning the popular favour and was the first senator to add to his title that of "captain of the people." He befriended the people by promoting the organization of gilds, 13 in all. The admission of their heads into the councils of the commune in 1267 shows how far their interests had been promoted by Brancaleone.