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
[Illustration: EMPRESS THEODORA AND COURT, RAVENNA.
[_To face page 404._]
What has been said will put in a clear light the extraordinary
importance accorded to the University and the professors of Bologna
in connection with their labours in annotating and interpreting the
_Corpus iuris_ so as to make it intelligible to all, and an instrument
for instructing and training all those who sought to follow the legal
profession, whether as notaries, judges, Podestàs, or captains of the
people. That these teachers possessed a very slender knowledge of
history is seen from their writings. Their merit lay in the intelligent
exposition of a system of law which had never become extinct. It was
a precept of theirs that "as the unskilled rider must hold on by the
pommel, so the judge should stick to the gloss." In this way the
school of Bologna became, as it were, the depository of an universal
law which was looked upon as almost sacred. Thither popes sent their
decretals, emperors their edicts for registry or revision. The Emperor
was, however, regarded as the living source of legislation, as alone
entitled to add new laws to the Roman. Any one speaking evil of
the Emperor met with condign punishment. Any one who questioned his
universal authority was declared heretical by the jurists themselves.
This authority belonged to him as lord of all nations, and was
transmitted to him from the Roman Empire as its rightful heir. It
was natural, therefore, that to determine the extent and limits of
this authority, recourse should again be had to the professors of
Bologna, the veritable depositaries of the Roman law, who accordingly
acquired a constantly increasing importance. The _ratio scripta_ was
what was always called for; and the communes, even while avowing their
determination to preserve their ancient liberties undiminished, never
forgot to profess their willingness to leave the Emperor all the
_veteres justitias_ which belonged to him, and which they declared
themselves desirous to respect. The only question was to ascertain
what these were, and hence fresh occasion to consult the professors of
Bologna.