The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
the countless rivals with whom each of them had to contend. Individual
and general interests thus worked in concert, and the fragmentary power
divided among so many hands, was nevertheless able to guard the liberty
of all, at a time when no true conception of the State or of general
equality had yet arisen. Still, it is easy to imagine how ill-arranged
and inconclusive must have been the legislation of republics thus
divided and subdivided, in which at every step some new special statute
or tribunal was encountered. And this at a time when judicial and
political power were so strangely intermixed, that whoever had a share
in the one necessarily shared in the other.
The dominant feature in all the civil enactments of the statutes
seems to be a jealousy of neighbouring communes, and a fear lest, as
a result of marriage, property should be withdrawn from the city, the
society, or the family. To guard against this, both law and custom
provided so efficaciously, that even in a Republic as democratic as
that of Florence, wherein every vestige of aristocracy was destroyed,
and the Ciompi obtained the upper hand, we find landed property so
strictly tied up that there are families who, to this day, own the
same estates which were held by their ancestors in the fourteenth
century. The necessity for keeping families, associations, and
party-circles intimately united, and making each member of them bound
for the rest, is so strikingly apparent, that it is these political
and social considerations which determine the tendency of the civil
law, and often impede its natural development. So that even here,
notwithstanding the weakness of the State, we again recognise the
old Latin tradition, which always accords an excessive importance to
political considerations, and consequently a preponderating influence
to public over private law. The Italian statutes, therefore, can only
be explained and understood in connection with the history of the
communes, which they illustrate in their turn. And this is another
reason why the professors of Bologna, accustomed to the philosophical
character of Justinian's legislation, and unfamiliar with the methods
of historical exposition, so long neglected the statutes.