The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
The employment of Roman terms need cause little surprise when we
remember that the study of elementary Roman law, as well as of
rhetoric,[84] the _ars dictandi_ then formed part of the _Trivium_,
and was therefore widely taught in Italy. In the first half of the
eleventh century a still more advanced study of law already flourished
at the school of Ravenna, and as its influence increased, extended
through Romagna into Tuscany. This system of law seemed to spring
to life again spontaneously from the midst of Latin populations,
with whom it had never entirely died out, and now in its new vigour
brought modifications and changes into the different institutions
and legislations with which it came in contact.[85] In fact, in the
sentences pronounced by Beatrice and Matilda, we find occasional
quotations from the _Digesto_, or Code, that, according to the
procedure of the time, was carried to the tribunals by those basing
their rights on its clauses.[86] The works of St. Pier Damiano afford
satisfactory proof that the Florentines pursued the same study, and set
great value on Roman law. The saint mentions a juridical dispute of
the Florentines, regarding which, towards the middle of the eleventh
century, they had asked the opinion of the _sapientes_ of Ravenna,
who, much to his own disgust, presumed to alter the prescriptions of
canonical law on the authority of the _Digesto_. Among those wise men,
he adds, the most impetuous and subtle chanced to be a Florentine.[87]
Another proof might be deduced from the remark previously made by
Ficker,[88] namely, that the courts held in Florence and its territory
were seldom attended by the Romagnol assessors, or _causidici_,
frequenting other Tuscan tribunals. This would seem to imply that in
this respect Florentines had no need to recur to Romagna. Later--that
is towards the end of the century--the school of Irnerius (Werner)
began to flourish at Bologna, the which school aimed at an exact
reproduction of Roman law and promoted its genuine revival. But at the
time of which we speak the Ravenna school represented, on the contrary,
a continuation of the ancient jurisprudence, partly decayed and partly
changed by the diverse elements of civilisation in the midst of which
it had survived, and in which it was now producing radical changes.[89]
One of these changes--leading to very remarkable consequences of a
political as well as a legal kind--took place in the constitution and
attributes of the margravial tribunal.