The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
All this continuous progress or evolution was the result of two forces,
of two different elements. The true, primitive law of Rome was the
special law of the Quirites, of which we find the remains in the Twelve
Tables: a severe and restricted law abounding in formulas which had to
be sacredly observed, and its administration was entrusted to a small
number of citizens who alone were acquainted with its rules, whose
authority was sanctioned by religion. The smallest mistake of form
made void the most just decree, and where the law omitted to define
the formula to be observed, no valid action could be brought. When the
due formula, making the contract binding, had once been pronounced, no
proof of mistake or fraud could annul it. "Uti lingua nuncupassit ita
ius esto." A slave to forms, the judge could not listen to the voice
of morality or rectitude; the most just complaint failed to move him,
unless supported by a text of law. The defendant dared not stir a step
without the continual guidance of the legislator, inasmuch as every
juridical formula was sacred and inviolable; and as the science of
law was monopolised by the College of Pontiffs, the most aristocratic
and conservative body in Rome, it became a kind of occult science.
It was this very character, however, apparently so restricted and
pedantic, that gave its great force to the law in Rome. For law, being
now freed for the first time from every extraneous element belonging
to morals and good faith, became firm and inexorable. Any one who
had the law in his favour was safe to see it promptly carried out.
History affords no example elsewhere of legal sanction and redress
being applied so swiftly and surely as in Rome. In Athens, indeed,
where the laws were more philosophical, and the popular conscience gave
judgment, investigating motives, despising formulas, and looking only
to substantial justice, caprice often prevailed, and law never attained
the iron strength and tenacity of the Roman jurisprudence.