The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression. — Dante Alighieri — John Shaqi
The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
The persistence of Roman law in the Middle Ages, even when the
condition of the Italians was most wretched, and when all things
seemed to be subject to the law of the Longobard, was maintained with
marvellous learning and acumen in the immortal work of Savigny. But,
in truth, though public law and penal law might readily be altered
under the rule of the conqueror, there was little likelihood that
the civil law which, for so many centuries, had filtered into the
usages and into the very blood of the Romans, which had regulated the
manifold relations of a civilised people and satisfied its countless
requirements, should perish utterly beneath the sword of barbarians
unconscious of those requirements and not always able to comprehend
those relations. Matters of which they were to a great extent
ignorant, or as to which they were indifferent, must often have been
passed over without notice in the laws framed by the barbarians, or
have evaded their action. Various provisions, therefore, of the Roman
law--those, for instance, relating to marriage, to succession, and to
contract--must often have continued to be applied by the Italians in
conformity with ancient usage. This will be more readily understood
if we reflect that while the Roman law had become the law of _all_
in those countries in which the Roman conquest had taken deep root,
the laws of the barbarians, on the contrary, according to Teutonic
usage, always presented a personal character--that is to say, extended
only to the people with whom they originated, and were not easily
communicated to others. In fact, when, as a consequence of successive
invasions, different Germanic tribes, whether independent of each
other or in subjection one to another, came together in the same
country, each of them continued to be governed by its own peculiar
laws. The Romans, on the contrary, regarding their law as universal in
character, communicated it to, and imposed it upon all. It was almost
the first germ of the greatness and the civilisation of Rome, and for
that reason its diffusion was considered the most sacred of duties
by this sovereign people. Thus it was that, even under the harshest
barbaric oppression, the Roman law continued to be the private law of
the Italians in all those cases, and they were not few, in which the
German laws failed to notice it, and neither abrogated it directly nor
substituted another in its place.