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of the jurists of Bologna?“ Other persons connected with Bologna and named by Dante are Franco Bolognese, the miniature painter/r Guido Guinicelli,I Pier delle Vigne,§ Accursius,|] Venedico Caccianimicofll and Gratian.** The geography of Bologna was well known to Dante, as one might expect when one knows that he resided there probably for two periods of his life, once as a student and once as an exile. The date of the first residence cannot be fixed, that of the second is placed by Scartazzini between I304 and I306. Bologna is frequently referred to in the “Divina Commedia” and other works, especially the “ De Vulgari Eloquio,” sometimes by name,'l“’r sometimes by implication. He knows the leaningtower of Carisenda, to which he compares Antaeus,II the Salsa—according to one interpretation—a valley near Bologna where the bodies of suicides were cast away,§§ and the fmti g0denti,Hll called from Bologna in 1266 to rule Florence; the institution of the arti is attributed to them by G. Villani. The word sipallil also shews an intimate knowledge of the Bolognese dialect, as does the discussion on the dialect in the “ De Vulgari Eloquio.”
* Montibus Aoniis Mopsus, Melibzze, quotannis
Dum satagunt nlii causarum fura doceri
Se dedit. Ecl. i., 28.
Sat Galienis ope: et scmcti _'fustiniani.
T. Wright, “ Political Songs," 210.
1Hl Inf. xviii., 61. This was a peculiar dialectic use of the affirmative, no longer in use. It is said to be connected with sia and not si. Ferrari in his Vocnbolaria Bolognese says that Bologna ought rather to be called la cittd del brisa, a form of the negative particle equivalent to the more usual jumto.
Other University cities visited by Dante were Padua, Perugia, and Siena, and in all these a faculty of law, more or less flourishing, existed.* The University of Pisa was not founded till 1346, a quarter of a century after his death. The principal name connected with the early legal history of Perugia is Bartolus. His life just overlapped Dante's (he was born in 1314), and he was a pupil of Cino's. It is therefore possible that he may have seen Dante when he was quite a child.f
(2.) Lawyers.—The number of those connected with the law, whom Dante names in the “Livina Commedia,” is considerable. The earliest and the greatest is Justinian, the hero of one of the noblest cantos in the Paradiso, the more immediately legal part of which may be Englished
Since Constantine turned back the eagle's flight
Two hundred years and years beside have rolled;
The shadow of its wings did it incline
Caesar I was, and now Justinian stand,
When first the mighty work I’gan uprear,
But blessed Agapetus with his lore
* See the various Dante itineraries, such as Enrico Croce's, and monographs such as A. Gloria, Dante e Padova (Padua, 1865), B. Acquarone, Dante in Siena (Siena, 1865).
f Bartolus was not technically a glossator, in spite of the well-known song of the German Commersbuch, Der Bartolus Glossator.
# Canto vi.; he is also named in Purg. vi., 89, and in Canzone xviii., 37.
Him I believed and that his argument
Then soon as with the Church I bowed the knee,
In arms to Belisarius gave I place,
Next in interest is Dante’s master, Brunetto Latini or Latino. Like Dante’s father he was a notary, and his pride in his profession is proved by_the well-known story that when he had prepared a document which was held to be invalid for want of form, he preferred to be thought guilty of fraud rather than wanting in skill. He is thrice named in the “ Divina Commedia ” * and appears as Brunetus Florentinus in the “ De Vulgari Eloquio.” 'l‘ In two of the three places where he is named in the “ Divina Commedia ” he has the epithet of Ser, the title of a jurist, applied to him by the poet. In the Trésor, his French prose work, he has some discussions of legal interest, e.g., the election of kings and emperors, the government of a town, the king and his council, how a king ought to honour ambassadors, the trial of accused persons. In the Tesoretto, his Italian work in verse, he especially condemns the crime for which he suffered in the Inferno.I The simile with which Dante
parts with him is one of the most beautiful in the poem.§
There are many other names more or less famous in the history of law. The foremost is S. Thomas Aquinas, whose definition of law, as will be seen later, was accepted by Dante, though the argument of his De Regimine Principum was not. He is alluded to very frequently, and it is not too much to say that a great part of the argument of the Paradiso is little more than a versification of S. Thomas. The principal civilian is Franciscus Accursius, or Francesco d’ Accorso, the most eminent of an eminent family of jurists, and interesting to Englishmen from his having been one of the Secretarii Regis of Edward I. in 1278.* Canonists are represented by Isidore of Sevillet and Gratian, the monk of Bologna and the compiler of the Decretum. Among jurists of smaller note are Petrus de Vinea or Pier delle Vigne, the Chancellor of Frederic II.,§ Lapo Saltarello, Taddeo," and Bonagiunta.” Oriental law is represented by Averroestt and his first translator, Michael Scott.jf In addition to these, there are others alluded to but not expressly named. They begin with Moses, who is il legista par excellence,$$
* Inf. xv., 11o. He had free quarters in the Beaumont Palace at Oxford (Rashdall, “Hist, of the Universities of Europe,” ii., 460, from Twyne's MS.), + Par. x., 131. # Par. x., 104. § Inf. xiii., 158. | Par. xv., 128. He is not to be confounded with the more famous Lapo Gianni named in the sonnet to Guido Cavalcanti. * Par. xii., 83. Taddeo is said to have been a jurist, but he was more probably Taddeo d' Alderotto, a physician of Bologna and the translator of Aristotle's Ethics. (See Convito, i., 10.) ** Purg. xxiv., 19; De Vulg. El., i., 13, where he is alluded to with some contempt. Possibly his law, rather than his literary power, was his strong point. ++ Inf, iv., 144. The legal treatises written by Averroes (Ibn Rasch) are enumerated by Renan, Averroes (2nd ed., 1861, p. 73). The main one appears to have been an abridgment of Al Ghazzali's Al-Mustasfa. The etymology o Averroes from a and veritas (quasi senza verità) will hardly hold water, although it is the invention of as good a Dante scholar as Benvenuto da Imola. t! Inf. xx., 116. Like Pier delle Vigne, he was one of the Court of Frederic II. §§ Inf. iv., 57.
and those hinted at under the legal titles of n0tm'o,* avv0cato,'t giudice non gentil,I and the geographical titles of Ostiense§ and A1'etz'n0.H
(3.) Legal terms.—-—This is rather a difficult subject to arrange, as many terms, in strictness legal in their meaning, are, as in English, often applied in a general sense; for example, Mm (in the sense of prediction), chiosa, debito, di1'z'tt0,Tl digesto, dz's1'gz'llarsi, disfwmcare, editto, eterna legge, infamia, i1uiz'zi0,** 11zas1mda,,t1“ /mzfetto nel fora divino, redo, retaggio, reo, 1'z'0, testimonio. Among technical words of law calling for no special notice are: arm, bando, cancellare, chiosa, colpa, comenfo, c0nc1'st0ro,II consistoro, contumacia, convenanza, convegno, corte, costume, dzmn0,§§ dannato, decreto, decretali, divioto, diritto, dispensare, drittura, duol0,||,| editto,
“ The poet lawyer, jacopo da Lentino, Purg. xxiv., 56.
-It L’av-uomto de’ tempi cristiani, Par. x., 119, may be either Orosius, the author of H istoria adversus Paganos, or St. Ambrose, the reputed author of M osaicarum et Romanarum Legum Collatio.
I Another and perhaps better reading is Giudice Nin Gentil, Purg. viii., 53. In either case the allusion is to Nino Visconti, the Governor of the Pisan possessions in the island of Sardinia.
§ Par. xii., 83. The allusion is to Enrico da Susa, Cardinal of Ostia, a commentator on the Canon Law. Students of that law were said Ostiensem sequi. See Epist. viii., 7, Ostiensem declamant.
]] Benincasa da Arezzo.
Tl Dritto is always strictly legal in its meaning, as in Purg. v., 78.
»** As a term of the law of evidence, the word is generally in the plural, but in Dante is always in the singular.
-H Almost equivalent to the old English law term manujrast, those who ate at a man’s table, but used by Dante as meaning simply a number of persons, Inf. xv., 4:; Purg. ii., 130.
11 Used figuratively in Convito iv., 5, quell’ altissimo e congiuntissimo consistoro della Trinitd. “ Consistorie ” is similarly used in a figurative sense in Piers Plowman’s “Vision of the Last judgment.”
§§ Note that the elements of actionability under the Lex Aquilia (dnmnum, culpa, injuria) often occur in the “ Divina Commedia.”
|||| In Inf. xxi., 32, it appears to be used as equivalent to dolus.