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remind the reader of the continuity of Roman names of offices and institutions in medieval Italy. The tribunate of Rienzi is another example. The gridario oi the provincial governor was, no doubt, an imitation of the edict of the praises, and decurions survived as local magistrates until modern times.
De Vnlgnri El0qni0.—There is little opportunity for displaying knowledge of law in a work on philology, though one or two passages of some legal interest occur.* The phrases curia regis and cnrialitas in i., 18, remind the English lawyer of the King’s Bench and tenancy by the curtesy,'t but it is scarcely necessary to say that Dante does not use them in their English technical senses, but to signify the King’s Court in its social aspect and the courtliness or cortesia that one expects to find there. The only direct allusion to law seems to be in i., 16, legem secnndum qnam dicitur oivis bonus et malus. Cino da Pistoia (Cinus Pistoriensis or de Pistorio) is alluded to several times, but as the poet and not as the lawyer. Lines of his are cited in ii., 2, 5, and 6.
E;‘>istles.—The 4th is addressed to Cino, Exnlenti Pist0r1'ensi exnl Florentinus exnl, but contains nothing of legal interest. In the other epistles are found one or two legal phrases rather than arguments, e.g., qni civilia jnm temeraria voln,/btate trnncavernnt (i., 2), civimn profana litigiai (ib.), '00s institnit in heredes (ii., 2),§ vinculo legis (v., 7),ll legnm sanctiones (vi., 2),1[ nescio quid
‘ As they also do in the work of Dante’s imitator, Alunno, Le Riehezze della Lingua Volgare (Venice, I543).
1- In England a tenant by the curtesy is generally said to hold per legem Anglia, but in Scotland the term eurialitas Seotia: is used, (Co. Litt., 30a).
I Perhaps used only in a general sense, as in De Mon., iii., 3.
§The preposition is not usual in the classical jurists, in whom heredes instituere is the common form.
|| }’urz's vinculum and obligationis vineulum occur in the Corpus Juris, but apparently not legis -uineulum. 1| Used in Dig. xlviii., 19, 4r.
Speculum,‘ Inn0eentium,1‘ ct Ostienseml deelamant (viii., 7). The only approach to a legal argument is in vi., 2, that public rights are not affected by prescription, (publica jura cum sola temporis terminatione finiri et nullius przeseriptionis ealculo fore obnoxia). English lawyers will be reminded of the common law maxim, Nullum tempus oceurrit regi.§
Bibli0graplzy.——The literature on this branch of Dante learning is not copious, and the works, as far as the writer has been able to obtain access to them, deal almost entirely with philosophical generalities. The only work dealing directly with the question seems to be Dante Giureeonsulto, by Vicenzo Lomonaco, of which an abstract is given by Ferrazzi,[i but the writer has not been able to meet with the original, or to discover the date. Ferrazzi also mentions a letter of Nicolo Tommaseo to Lomonaco.1T Other monographs more or less connected with the subject will be found in other parts of Ferrazzi. They are by Francesco Carrara, Giambattista Zoppi, J. F. H. Abegg, and others." Colomb de Batines gives only two references: (1), a note in Scolari’s Raggz'0nament0’r’r ; (2) Atti dell’ Aceademiu I taliana,
‘ Speculum and Specular are used in their ordinary sense in ix., 4. The allusion is to the Speculum _'furis of Durante or Durandus (d. 1296), which was one of the numerous speeula written cn the subjects of Law, Theology, and Philosophy. Other eminent Canonists who wrote specula were Johannes Andreae (Speculum de Treuga ct Pace), and Peter of Blois (Speculum _'}’uris Canonici). (See an Obiter Dictum on the subject, L.M. and R., vol. xx., p. 281.)
1- Probably the Compilatio Tertia of Innocent III., much of it incorporated into the Decretals by Gregory IX.
1 Enrico da Susa (see above).
§ Just as the English maxim is too wide for the modern law, so the law as laid down by Dante must be taken subject to certain exceptions. Still what he says may be illustrated by the rules of Roman law, that there could be no usumpio against the fisms, and no prescription against taxes (Cod. vii,, 39, 6)
|| Mcmuale Dantesco, i., 52.
ll Dante ed il Diritto (I872).
*“ Manunle Dantcsco, ii., 292; iv., I26.
H‘ Padua, 1823.
i., 2o8.* He also mentions (without acknowledging that the information appears in Scolari’s note) that the portrait of Dante is put among I llustrium _7urz'sconsul!orum Imaginestt Biagi in his continuation of Colomb de Batines, under the head of Dante Giureconsulto,I alludes to a controversy which appears to have arisen on the subject, beginning with a work by Niccolini.§ Other works are those of Ortolan, already mentioned,H and G. de Marinis de Raffaelefii Marinis’s views are largely affected by the influence of Beccaria and his school ; and in what has been said on the question of punishment the writer is much indebted to him. But his instances are often anything but convincing, and he suffers from the not unusual failing of attributing to Dante views of which he was probably entirely innocent. Shortly put, his theory is that according to Dante punishment to be justified must fulfil certain conditions. It must be (1) analogous and proportioned, (2) confined to the offender, (3) reformative, (4) deterrent, (5) equal, (6) reparable, (7) prompt, (8) legal, (9) inflicted by proper authority. These are no doubt excellent conditions, but to attribute them all to a Florentine writing in the fourteenth century is perhaps rather a strong measure.
* p. 568.
1' Rome, 1566.
1 Guinti e Correzzioni, p. 198 (Florence, 1888).
§ Trattalo del Tentative (Naples, 1837).
|| Les Pénalités de l’Enfer dc Dante (Paris, 1873).
ii Dante Alighieri Autore d’ unn Teorica della Pena Superiore ai Tempi che apparve (Bari, I884).
WE regret to announce the death of one of the oldest contributors to this Magazine, Sir Travers Twiss, D.C.L., Q.C., who died at Fulham on the 14th of last month, aged 87 years. He was the eldest son of the Rev. Robert Twiss, of Trevallyn, Denbighshire, and was born at Westminster on March 19th, 1809. He went to University College, Oxford, in 1826, and two years later appeared in the first class in Mathematics, and the second class in Classics, being subsequently elected Fellow, and also appointed tutor of University College, where he continued to reside for many years. In 1835 he was Public Examiner in Classics, and in 1838 in Mathematics, both of which examinerships he held for three years. In 1838 he became a Fellow of the Royal Society; in 1842 Drummond Professor of Political Economy; and in 1847 wrote his “View of the Progress of Political Economy in Europe since the 16th Century.” In 1846 he began to write on International Law, publishing an Essay on the Oregon question. In 1848 he wrote a Treatise on the Relation of the Duchies of Schleswig and Holstein to the Crown of Denmark and the German Federation; in 1850 “Letters Apostolic of Pius IX. considered with reference to the Law of England and the Law of Europe.” In 1837 he had published an Epitome of the works of Niebuhr, following it up with an Edition of Livy. In 1852 he was appointed Professor of International Law at King's College, London, which he held for three years, when he accepted the Regius Professorship of Civil Law at Oxford, which he held for fifteen years. He was called to the Bar at Lincoln's Inn on 28th January, I840, and became an advocate of Doctors'
Commons in the same year, becoming Commissary-General of the City and Diocese of Canterbury in 1849, Vicar General of the Archbishop in 1852, Chancellor of the Diocese of London in 1858, and Advocate-General of the Admiralty in 1862, receiving the honorary fellowship of University College, Oxford, in I864. On the passing of “An Act to Amend the Law Relating to Divorce and Matrimonial Causes in England ” (20 & 21 Viet., c. I08) in 1858, which struck a heavy blow at the ancient jurisdiction of Doctors’ Commons, Twiss became a Queen’s Counsel, and ten years later was promoted to the high office of Queen’s Advocate General, receiving a few months after the rank of knighthood. He was created a Bencher of his Inn in I858.
He served on many Royal Commissions and public enquiries, viz. :—In I852 on the Commission of Enquiry into Maynooth; in I867 on the Enquiry into the Laws of Neutrality; in I868 on the Naturalization and Allegiance enquiry; in 1869 on the Law of Marriage, and on the Rubrics; and also he was one of the Commissioners to settle the boundary line between the provinces of New Brunswick and Canada. In I884 he drew up the Constitution for the Free State of the Congo, and in the following year acted as legal adviser to the British Embassy during
the West African Conference at Berlin.
On the 21st of March, 1872, in consequence of domestic trouble, he resigned all his public appointments, and devoted himself exclusively to literary work. He had written, in 1861, “The Law of Nations considered as Independent Political Communities” and “The Law of Nations in Time of Peace and War.” He brought out new Editions of these in 1875 and I884, translating the work into French with the assistance of M. Alphonse Rivier of
the University of Brussels. He wrote a valuable edition of “ The Black Book of the Admiralty,” under the direction of