The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
but still more clearly in the struggle between the civil authority
and the ecclesiastical, wherein the latter endeavours to maintain its
inviolable privileges, its exceptional tribunals, its supremacy even in
causes civil and political.
IX.
In the statutes therefore, we find four different legislations,
contending, as it were, with one another: the Longobard, the Roman,
the Feudal and the Canon law. These, however, may almost be reduced
to two, seeing that feudal law is Germanic, and canon law, in so far
as it affects the statutes, is mainly Roman. So that here again
we are met by the old hostility between Germans and Latins. The two
races are opposed, as also their institutions, laws, and ideas; their
minds seem to challenge one another wherever they meet, whether in the
field of letters, politics, or art. Yet each has need of the other,
and both must disappear to make way for a new social system and a more
comprehensive spirit which, resulting from the fusion of two warring
elements, will remain sole victor in this prolonged contest. In Italy,
however, the Latin strain always predominates, as we see even in the
statutes, wherein Roman law forms the keystone of the whole juridical
structure.
[Illustration: EMPEROR JUSTINIAN.
(_From a Mosaic, Ravenna._)
[_To face page 403._]
The earliest compilation of the statutes dates from the very time when
a knowledge of the _Corpus iuris_ begins to be diffused throughout
Italy from the University of Bologna. From that time forth the
legislation of Justinian was regarded as an epitome of juridical
philosophy, as the law _par excellence_, and is recognised by all
our Republics as the common law, the law to be applied whenever the
statutes are silent. For this reason that part of the statutes which
relates to the civil law is very much less developed than the political
part; and for this reason those teachers whose studies have been
directed chiefly to civil jurisprudence occupy themselves much more
with Roman, canon, feudal, and Longobard law than with the law of the
statutes. These they examined, especially at first, rather as a result
of the study of the Roman law, than as deserving careful attention on
their own account; they regarded them as the written expression of
popular custom to which no great scientific value could be attached, as
something outside the one legal system which alone merited universal
admiration.
A long period elapsed before writers on law began to apply their minds
to the consideration of the statutes, the great importance of which
has been only completely recognised in our day. Venice is perhaps the
only Commune in which it was customary, in the absence of statutory
provisions, to appeal to natural reason: whence Bartolo's remark
that the Venetian magistrate gave judgment _manu regia et arbitrio
suo_.[377] But even in Venice such decisions must always have been
inspired or guided by a knowledge and admiration of the Roman law.