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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 of the pro-
vincial governor was, no doubt, an imitation of the edict
of the praeses, and decurions survived as local magistrates
until modern times.
De Vulgari Eloquio.—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 curialitas in i., 18, remind the English
lawyer of the King's Bench and tenancy by the curtesy,f 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 secundum quam
dicitur civis 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.
Epistles.—The 4th is addressed to Cino, Exulenti
Pistoriensi exul Florentinus exul, but contains nothing of
legal interest. In the other epistles are found one or
two legal phrases rather than arguments, e.g., qui
civilia jura temeraria voluptate truncaverunt (i., 2), civium
profana litigiat (ib.), vos instituit in heredes (ii., 2),§
vinculo legis (v., 7), legum sanctiones (vi., 2),"| nescio quid

to qui ttal" gif ania, trg" pus Juris, but th: 27, 1 (Ch. inth: salori, Decreas

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* As they also do in the work of Dante's imitator, Alunno, Le Richezze della Lingua Volgare (Venice, 1543). f In England a tenant by the curtesy is generally said to hold per legem Angliae, but in Scotland the term curialitas Scotia is used, (Co. Litt., 30a). # 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. | #uris vinculum and obligationis vinculum occur in the Corpus Juris, but "| Used in Dig. xlviii., 19, 41. 8–2

apparently not legis vinculum.

Speculum,” Innocentium,t et Ostiensemt declamant (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 prascriptionis calculo fore obnoxia). English lawyers will be reminded of the common law maxim, Nullum tempus occurrit regi.Ş Bibliography.—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 Giureconsulto, by Vicenzo Lomonaco, of which an abstract is given by Ferrazzi, but the writer has not been able to meet with the original, or to discover the date. Ferrazzi also mentions a letter of Nicolò Tommaseo to Lomonaco." 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 Raggionamentoff ; (2) Atti dell’Accademia Italiana,

* Speculum and Speculor are used in their ordinary sense in ix., 4. The allusion is to the Speculum #uris of Durante or Durandus (d. 1296), which was one of the numerous specula written cn the subjects of Law, Theology, and Philosophy. Other eminent Canonists who wrote specula were Johannes Andreae (Speculum de Treuga et Pace), and Peter of Blois (Speculum juris Canonici). (See an Obiter Dictum on the subject, L.M. and R., vol. xx, p. 281.)

+ Probably the Compilatio Tertia of Innocent III., much of it incorporated into the Decretals by Gregory IX.

t 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 usucapio against the fiscus, and no prescription against taxes (Cod. vii, 39, 6)

| Manuale Dantesco, i., 52.

* Dante ed il Diritto (1872).

** Manuale Dantesco, ii., 292; iv., 126.

++ Padua, 1823.

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i., 208.* He also mentions (without acknowledging that
the information appears in Scolari’s note) that the portrait
of Dante is put among Illustrium jurisconsultorum Imagines.f
Biagi in his continuation of Colomb de Batines, under the
head of Dante Giureconsulto, 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, and G. de Marinis de Raffaele."
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.
JAMES WILLIAMs.

* p. 568.
+ Rome, 1566.

f Guinti e Correzzioni, p. 198 (Florence, 1888).
§ Trattato del Tentativo (Naples, 1837).
| Les Pénalités de l'Enfer de Dante (Paris, 1873).
* Dante Alighieri Autore d' una Teorica della Pena Superiore ai Tempi che

apparve (Bari, 1884).

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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' WERS TWISS

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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 1864. On the passing
of “An Act to Amend the Law Relating to Divorce and
Matrimonial Causes in England ” (20 & 21 Vict., c. 108) 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 1858.
He served on many Royal Commissions and public
enquiries, viz.:—In 1852 on the Commission of Enquiry
into Maynooth; in 1867 on the Enquiry into the Laws of
Neutrality; in 1868 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 1884 he drew up the Consti-
tution 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 1884, 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

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