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fellonia, fio, foro," frode, furto, giustizia, giusto,t giudice, giudicare, giudizio, giuggiare, giurare, giura,l interdetto, ingiusto, ingiuria, legge, legista, lite, norma, patto, patteggiare, perdono, perdonanza, privilegio, registrare, reo, rio, sentenza, statuto, testare, testamento, torto, $ tolletto. Worthy of special notice is the great variety of words used for torture, among which are found briga, dolore, croce, martirio, martire, noia, soffriri, tormento, tortura, travaglia, and the verbs affaticare and assannare. The words which follow have an interest of their own. Caorsa" is grouped with Sodom, for usury was a terrible sin in the fourteenth century, and the inhabitants of Cahors were famous usurers. This is not the place to enter on the great question of the treatment of usury in mediaeval Italy, but it may be noticed that in the “Divina Commedia” the word usura occurs twice” and the word usuriere The usurer is placed among the violent, probably from a misunderstanding of Aristotle, it and Virgil explains that usury is offensive to Divine goodness

because it is contrary to nature, probably from a feeling

that the usurer unnaturally produces money from money, “a breed of barren metal.”$$ The words scranna and vivagni are curious. The former appears to be etymologically the English “screen,” and sedere a scranna| would mean sitting at screen, very much like sitting in Chancery, if that word be derived from the low Latin word cancelli, meaning screen-work. Vivagni means the

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borders of anything, but in one place* is used to signify the margins of treatises on Canon law, with their closely~printed glosses or summce, brocarda or brocardica. The well-known phrase il gran nfiutot touches a question of Canon law. This is commonly understood of the resignation of the Papacy by Celestine V. in 1294. It was, according to Scartazzini, a cowardly abjuration of his high office, and was an abjuration rather than a resignation, because a resignation can only be made to a human superior, and a Pope has no human superior. The apostolic succession was broken; Boniface XIII. was a usurper; the chair of St. Peter was vacant.I In several cases English lawyers are reminded of familiar phrases. Bobolca§ (if Tassoni’s view be adopted), and tollette dannosell recall bovata and maletolts; per conservar sua paceil reminds of conservators of the peace, and bamttare,** bm'altiere,'l"l‘ baratteriali of the now practically obsolete offence of common barratry.§§ Corie has a double meaning like curia and “court” in England, viz., the king’s entourage and a tribunal. In “ De Vulgari Eloquio " the phrase cum: regis occurs.[ ll

(4.) LegalArguments.—In two passages there seems to be an allusion to legal procedure. The inquisitorial


‘ Par. ix., :35. The allusion is probably to the thumb-marks on the margins, caused by continual study.

1- Inf. iii., 60.

I This is the reason of St. Peter’s strong assertion, thrice repeated, of the usurpation of his place (il loco mio, il loco mio, il loco mio, Par. xxvii., 22). It is said that Cardinal Egidio Colonna owed his elevation to the Sacred College to his defence of the legality of Boniface’s appointment in his De Renimtiatione Papa. The Canon law on the subject is to be found mainly in Decretals i., 9.

§ Par. xxiii., 132. || Inf. xi., 36. if Inf. xxiii., ro7.

“* Par. xvi., 57. 11- Inf. xxi., 41; xxii., 87, 136. it Inf. xxii., 53.

§§ “ Barratry of the master and mariners” is, however, still a phrase known in policies of marine insurance.

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process of the ecclesiastical courts is perhaps glanced at in the Purgatorio," and in the Inferno the trial before Minos is entirely in accordance with the practice of the mediaeval Italian courts, both ecclesiastical and secular, for the purpose of obtaining evidence.f. The argument of Cicero, aut vi aut fraude fiat injuria, seems to be the basis of the argument in the Inferno that injury works either by force or fraud, but fraud is the more displeasing to God because it is a peculiarly human failing (proprio male), therefore the fraudulent are more severely punished than the violent.' In the same canto there is an attempt at a division of fraud, according as it is practised on one who trusts the fraudulent person or on one who does not. The former is the graver offence and is punished as treason. At the end of Canto VI. of the Purgatorio is the famous comparison of Florence to a sick woman who can find no rest in her bed. Florence is similarly unsettled, for she is continually changing Legge, moneta, offizio, e costume.

Later in the Purgatorio the poet says that law should be a curb (freno), and laws there are, but who obeys them? The reason is that what made Rome great, the two sunsEmperor and Pope—no longer shine, for the light of the one has extinguished the light of the other." The lines

in nostra corte Rivolge se contra 'l taglio la rota,"

* E dolcemente si che parli acco lo, Purg. xiv., 6.

+ Inf. v., 7. “Good judges and justices,” says Coke, “abhor these practices,” 2 Inst., 55.

# De Off, i., 13. § Inf. xi., 23. | Id., 53.

* xvi., 106. They are the duo luminaria of De Monarchia iii., 1, 4; there he also calls them sun and moon. The two swords of S. Luke, xxii., 38, he is careful to say in De Mon. iii., 9, do not represent the temporal and spiritual jurisdiction of the Pope.

** Purg. xxxi., 41.

seem to mean that in the Court of Heavenconfession and repentance blunt the sword of justice. The justice of heaven seems unjust to man, says Beatrice,°* but that ought to be an incentive to faith rather than to heresy. Twice the theory of a patto between God and man appears; the vow is such a compact, it is offered by man’s free will, and is the victim in the sacrifice ;1' the patio with Noah is suggested to men by a double rainbow, and so is bilateral.I The Latin line,

Non ilecimas qua sunt pauperum Dei,§

is the statement of part of a legal truth, but into the vexed question of a tripartite or quadripartite division of tithe Dante does not enter.

(5.) Penology.—Dante does not fully distinguish crime from sin. A crime with him is a crime because it is a breach of the law of God. That it is also a breach of the law of the State is simply a coincidence.|] For instance, in one passage he groups crimes and moral offences together as deserving the same punishmentfll His treatment of crimes and punishments is very instructive as a guide to the sentiment of the period.** It is useless to classify the crimes in extenso, as almost every possible variety of crime is mentioned. Some of the more interesting are those which follow.

Afihtumre,+1' m'ti,II magiche frode.§§ The importance

* Par. iv., 67. 1- Par. v., 28. I Par. xii., 17.

§ Par. xii., 93.

[| This is quite in accordance with the stage of law described by Sir H. Maine, in which the distinction between sin, tort, and crime has not yet been drawn. (Ancient Law, c. x.)

ll -Inf. xi., 58.

‘* E pelajwnalidade que melhor se caracterim 0 dircito de um povo (Braga, Poesia do Direito, Oporto, r865, p. 145).

11- Inf. xi., 58. - 11 Inf. xx., 86. §§ Id., 117.

attached to these shews that Dante was no more in advance of his age in the matter of witchcraft than was Sir Matthew Hale, nearly four centuries later. Alchimia is regarded as a crime probably because by it a coiner was enabled to transmute metals and so defraud the State." It so became practically equivalent in heinousness to debasement of metal, the crime for which Adamo of Brescia suffered when he struck

Che avean tre carati di mondiglia.t

Falsità (falsification) seems to have been as common an offence as coining, and falsatori suffered a punishment of their own. The falsitti seems to have been of several kinds. Like alchimia it included coining'$ and the making of a false die (conio). It also included the making of false weights and measures, when the doga was not safe" and there were some who blushed at the word staio.** False entries in public registers fell within falsitd,ff and so did the double fraud of Gianni Schicchi, who first personated Simon Donati, and then made a will in the name of the latter and duly executed it (dando al testamento norma), all for the miserable bribe of the lady of the herd (la donna della torma).{{ It is worth noticing that falsità, in Dante, though from the frequent mention of it evidently a crime of importance, both financially and politically, was not at

* Inf. xxix., 119, 137. f Inf. xxx., 90. it Inf. xxix., 57. The coiner is called monetiere in Inf. xxx., 124. § Par. xix., 119. | Inf. xxx., 115; Par. xix., 141 (from which it appears that even royalty

could commit the offence). The verb coniare is used in Inf., xxx..., III.

Moneta sanza conio comes in the famous attack on Boniface VIII. in Par.

xxix., 127. "| Purg. xii., 105. ** Par. xvi., 105. ++ Purg. xii., Io5. # Inf. xxx., 40.

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