The Republic of Ragusa: An Episode of the Turkish ConquestVillari, Luigi
History
The Republic of Ragusa: An Episode of the Turkish Conquest
Villari, Luigi
Dubrovnik (Croatia) -- History
The introduction, which is full of generalities and abstract ideas,
after the manner of the time, states that the object of the code was
to collect the statutes of the Ragusan Republic, “to harmonise the
discrepancies, suppress superfluities, supply omissions, explain
obscurities, so that nothing superfluous, obscure, or captious should
remain in them.” The first book defines the position, rights, and
duties of the count and of the other chief functionaries of the
Republic, and deals with sundry financial matters. The second book
contains the _formulæ_ and oaths of each officer of State; and in cap.
xxiv. the salaries of the Ragusan envoys[130] to foreign countries were
fixed. The third embodies the law of procedure and the judicial system,
and sets forth the rules for the _stanico_, or international court
of arbitration, to which we have already alluded. This institution
was a peculiarly Serbo-Dalmatian one, and deserves examination. The
statute of 1272 describes it as an _antica consuetudo_. It was of two
kinds, the _plenarium stanicum_, or full court, and the _parvum_, or
minor court. The full _stanicum_ was agreed upon by the Government
of Ragusa and that of some other State with whom the former had a
dispute. Each side elected an equal number of judges, who met at some
place easily accessible to both capitals, and, if possible, on neutral
ground, _i.e._ in the territory of some State not concerned in the
dispute. Thus in disputes between Ragusa and Zara the spot chosen was
Santa Maria di Lesina, on the island of that name; for those between
Ragusa and Sebenico, Traù, Spalato, Almissa, or Lesina, the _stanicum_
met at or near Prevlaka (near Stagno); if the quarrel was with Hlum,
at Malfi; if with the Serbs, at Gionchetto or Cresta; if with the
Bosnians, at Trebinje, Popovo, or Canali. The dispute was settled by
compromise rather than by arbitration, and each party was represented
by State officials. The _parvum stanicum_ was convened to settle
private disputes between Ragusans and citizens of one of the Slave
states (it was not resorted to in the case of disputes with the other
Dalmatian towns). The presence of representatives of the two States was
not necessary. But often when such disputes arose the parties would
agree to defer settling them until the full _stanicum_ met, provided
that such a one was to take place shortly. It was not necessary that
all private international disputes should be settled in this manner,
and the plaintiff was free to summon his adversary before the latter’s
own tribunal. He only resorted to it when he feared that he could not
obtain justice from the foreign court. In proceedings by _stanicum_,
the old Teutonic and Slavonic system of the _conjuratio_ was applied,
by which each party produced a number of relations and friends, who
swore to the veracity of their kinsman; if any one was convicted of
perjury, the curse fell on the whole clan alike. The institution exists
Public-domain text, read in full here on John Shaqi.
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