The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
Turning now to a general view of the Italian statutes, we must remark
that although the history of statutory law presents many difficulties,
owing to the infinite number of different provisions to be found in
it, the diversity of these provisions is chiefly due to accidental and
temporary causes, extraneous to the natural and spontaneous development
of the law itself, which, examined apart and with reference to its
essential characteristics, presents a striking uniformity. It may,
however, be noted that in the republics of Northern Italy the Longobard
law is far more predominant; while in those of Central and Southern
Italy Roman law obtains an early and rapid ascendancy, and, subject
to the changes which have been indicated, ends by dominating at all
points. This progress becomes more apparent from year to year, so that
even in examining the statutes, the very same conflict of antagonistic
elements which we have already noted, throughout the entire history of
the communes and of Italian civilisation, is brought before our eyes in
civil wars, in sanguinary struggles between Guelphs and Ghibellines, in
art, in literature, in all things. It is true that the statutes only
treat of juridical ideas and enactments; but these seem to strive with
the same ardour, and to aim at the same ends, as the men whom they
control.
Towards the close of the fourteenth century Italian commerce began
to make enormous advance, and this gave a new impetus to Italian
legislation. In fact, we find a series of enactments enabling all
mercantile affairs to be transacted with much greater celerity,
avoiding legal quibbles, releasing merchant's credits from mortgage
or sequestration, and severely punishing all frauds and fraudulent
bankruptcies. In a word, we clearly discern the inchoation of the
modern commercial code with which these enactments are frequently in
unison.