The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
Coming now to a particular examination of the statutory provisions
which most nearly concern the subject in hand, we shall direct our
attention more especially to the Florentine statutes which, for us,
have a twofold importance. We have undertaken this study as an aid to
the clearer comprehension of certain political reforms in Florence,
which are only to be explained by the social conditions of the
Republic. In this study of the Florentine Commune it is necessary to
bear in mind that in no other Commune was aristocracy so radically
destroyed and democracy so thoroughly triumphant. Every trace of
feudalism, every foreign element disappears from its statute book,
which consequently, in spite of perennial alterations, preserves a
uniform and consistent character, and tends always towards the scope
that it finally attains. Other statute books, on the contrary, are no
less copiously altered; but the alterations are due to less permanent
causes, to elements most extraneous to the life of the Commune, and
which therefore make it still more difficult to understand what are
the true principles moulding the laws and determining their historical
character.
If we begin by examining the paternal authority as set forth in the
statutes, we at once perceive the uncertainty that prevails in this
legislation. At first we find the Longobard _mundium_, but this
gradually takes the shape of the Roman _patria potestas_, as regulated
by Justinian's legislation, which finally prevails, although never
absolutely. In the various provisions of the statutes, which, even on
this point, are always defective, we sometimes find the son placed
under a stricter subjection than by Roman law, while at other times,
the Longobard law predominating, he enjoys the greatest independence.
Generally there are special political or commercial reasons at the
root of this illogical inconsistency. By the Roman statutes the son
is entitled to appear in criminal cases, without permission from his
father, who is not held liable for crimes committed by his son. The
son, however, may be punished by his parents at their discretion. The
natural children of magnates are in an inferior position, both civilly
and politically, to sons born in wedlock, inasmuch as they are never
eligible to any public office.[379] According to the Pesaro statutes,
a son may dispose by will of all his earnings, provided he leaves the
obligatory usufruct to his father; but sons marrying without their
father's consent may be disinherited.[380] When a son is condemned
to pay a fine, the father must give him his share of the inheritance
wherewith to pay it. Should a father beat his sons or grandsons or
their wives, _in nihilo puniatur, nisi pro enormi delicto_.[381] In
Lucca, a son who is eighteen years of age, may contract a loan, even
without his father's leave. But a father may send his son, whether
emancipated or under tutelage, to prison if he has dissipated his
private means or led an evil life.