Rare Books Blog

October 30, 2008

The Flowering of Civil Law: Early Italian City Statutes in the Yale Law Library

Rovito, Scipione. Decisiones supremorum tribunalium regni Neapolitani (Naples, 1687). Acquired from the Association of the Bar of the City of New York, September 2008.

(View the Kingdom of Naples on a map: “Regno di Napoli”.)

The most recent addition to the Yale Law Library’s collection of early Italian materials is not a body of statutes, but rather an extensive set of rulings written by the jurist Scipone Rovito (1556-1636) as a member of the highest court in the Kingdom of Naples. In this rare 1687 edition the rulings are accompanied by commentaries and summaries written by the Neopolitan jurist Blasio Altimaro (1630-1713). The Yale Law Library’s collection of municipal statutes is complimented by a large—and growing—number of early commentaries and treatises on Italian law like this one.

BENJAMIN YOUSEY-HINDES & MIKE WIDENER

Exhibit Curators

“The Flowering of Civil Law: Early Italian City Statutes in the Yale Law Library” is on display October 2008 through February 2009 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

October 11, 2008

The Flowering of Civil Law: Early Italian City Statutes in the Yale Law Library

Montefortino (Italy). Statutum Montisfortini in Campanea [with] Statuto e tassa de mercedi che si devono al governatore, mandatario, e barigello di Montefortino in Campagna (manuscript, Montefortino, 1685). Acquired with the John A. Hoober Fund, May 1946.

(View Montefortino, today named Artena, on a map.)

The present-day city of Artena, southeast of Rome, was known as Montefortino from the Middle Ages until 1873. We owe the following description of our manuscript to Alfredo Serangeli, Director of the Archivio Storico “Innocenzo III” in Segni, Italy, and present it here with his permission and our thanks:

The Montefortino Statutes are the regulations for an essentially feudal municipality. Everything belonged to the feudal lord “in dominio et iurisdictione”, while vassals had broad rights for grazing, gathering wood and working the land. In fact, the statutes gave the feudal lord the right to one-fourth of all agricultural production, including wheat, barley, beans, spelt, millet, hemp, chick peas, and wine. This right was his in all cases, regardless of how the land was owned and worked.

The community, whose life was regulated in detail, was concerned that the feudal lords and governors should also respect the statutory rules. In fact, in a 1559 petition to the Colonna princesses (Tuzia, Porzia, Claudia and Virginia, owners of Montefortino at that time), concerning the reconstruction and reestablishment of normal conditions after the destruction of the castle in 1557 (during the Campagna War that the Papacy and France waged against Spain), Montefortino’s inhabitants asked that their governor respect the statutes. In the notary’s act produced when Prince Ascanio Massimo took possession of the castle on February 12, 1595, the prince’s oath to obey and enforce the Statutes is specifically mentioned.

The original manuscript is composed of 38 parchment folia, 16 x 24 cm., and was produced in 1468 by Antonio son of Luca, one of the most important notaries in Montefortino during the 15th century. The manuscript held in the Lillian Goldman Law Library is a copy of the revised statutes of 1606.

    – Alfredo Serangeli, Director, Archivio Storico “Innocenzo III”

Incidentally, Alfredo Serangeli is from the same family as Stefano Serangeli, the scribe who produced the Yale Law Library’s manuscript in 1685.

BENJAMIN YOUSEY-HINDES & MIKE WIDENER

Exhibit Curators

“The Flowering of Civil Law: Early Italian City Statutes in the Yale Law Library” is on display October 2008 through February 2009 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

October 6, 2008

The Flowering of Civil Law: Early Italian City Statutes in the Yale Law Library

Honoring the Hon. Guido Calabresi (Law ’58)

The Yale Law School has marked the 50th anniversary of the Hon. Guido Calabresi’s graduation by acquiring a significant collection of 60 early Italian law books for the Law Library’s Rare Book Collection from the Association of the Bar of the City of New York. The Lillian Goldman Law Library is pleased to join with the Law School by dedicating this exhibit of Italian statutes to Judge Calabresi.

Judge Calabresi is the Sterling Professor Emeritus of Law at Yale Law School. He was born in Milan, Italy and graduated at the top of the Yale Law School Class of 1958. He also earned a B.S., summa cum laude, from Yale College in 1953, a B.A. degree with First Class Honors from Magdalene College, Oxford University, in 1955, and an M.A. in Politics, Philosophy and Economics from Oxford University in 1959. He joined the Yale Law School faculty in 1959 and served as Dean from 1985 to 1994, when he was appointed Judge of the U.S. Court of Appeals for the Second Circuit by President Bill Clinton (Law ‘73).

“Every schoolboy knows that the Italian universities, and especially Bologna, were the great centers of nonreligious law throughout the Middle Ages and beyond. Indeed, there may well have been no break at all between the ancient Roman law schools in Bologna and the University of Bologna. What is not generally known, however, is how modern law was in Italy at that time, at least in contrast to what was happening in England.” — Guido Calabresi, “Two Functions of Formalism: In Memory of Guido Tedeschi,” 67 University of Chicago Law Review 479, 481 (2000).

BENJAMIN YOUSEY-HINDES & MIKE WIDENER

Exhibit Curators

“The Flowering of Civil Law: Early Italian City Statutes in the Yale Law Library” is on display October 2008 through February 2009 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

Illustration: Title page from a compilation of statutes for Judge Calabresi’s hometown, Milan, Constitutiones dominii mediolanensis (4th ed.; Novara, 1597).

 

October 4, 2008

The Flowering of Civil Law: Early Italian City Statutes in the Yale Law Library

Pesaro (Italy). Statuti del Collegio mercantile de la Città di Pesaro (Pesaro, 1532). Acquired with the John A. Hoober Fund, May 1946.

(View Pesaro on a map.)

While the majority of Yale Law Library’s Italian statutes are comprehensive municipal codes, the collection also contains sets of regulations pertaining to more specific matters, such as merchants and trade, agriculture, fishing, tolls, or taxation. The volume displayed here concerns Pesaro’s mercantile court, or Collegio mercantile. The Collegio was a group of twenty-four magistrates—none of whom were merchants—who rendered justice in commercial disputes arising between merchants.

The Law Library’s copy once belonged to Walter Ashburner (1864-1936), a noted professor of jurisprudence, book collector, and co-founder of the British Institute of Florence.

Note the unusual text facing the title page. The bookbinder used pages from Publio Francesco Modesti’s poem Venetias for the flyleaves. Published just up the coast from Pesaro at Rimini in 1521, the work celebrates the history of Venice and its citizens.

BENJAMIN YOUSEY-HINDES & MIKE WIDENER

Exhibit Curators

“The Flowering of Civil Law: Early Italian City Statutes in the Yale Law Library” is on display October 2008 through February 2009 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

October 4, 2008

The Flowering of Civil Law: Early Italian City Statutes in the Yale Law Library

Ferrara (Italy). Statuta provisiones et ordinamenta magnificae civitatis Ferrariae (2nd ed.; Ferrara, 1534). Acquired with the John A. Hoober Fund, May 1946.

(View Ferrara on a map.)

This is the second edition of the statutes of the city of Ferrara, the first having been published in 1476. According to a note written on the title page, this book was owned and annotated by a Ferrarese attorney named Hieronymus Rasorio. A list of what appear to be legal engagements written in the back of the book suggests that he was active in the 1560s. Here we can see the way a practicing attorney utilized the text of the statutes. In this example, Hieronymus has made extensive annotations to a statute concerning prescription (the acquisition of rights or property by extended, honest, and uninterrupted possession or use).

BENJAMIN YOUSEY-HINDES & MIKE WIDENER

Exhibit Curators

“The Flowering of Civil Law: Early Italian City Statutes in the Yale Law Library” is on display October 2008 through February 2009 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

 

 

October 4, 2008

The Flowering of Civil Law: Early Italian City Statutes in the Yale Law Library

Papal States. Aegidiane constitutiones recognitae, ac novissime impressae cum privilego Pauli PP. III Pont. Max. (Rome, 1543). Acquired with the John A. Hoober Fund, January 1947.

(View the Papal States on a map: “Stato Pontificio”.)

For over a thousand years (754-1870) a large portion of the central Italian peninsula recognized the pope not only as a spiritual leader, but as the highest civil ruler as well. This area has traditionally been referred to as the Papal States, and within them regions regularly shifted between two different political systems. Some lands were “immediate subjects” of the pope, meaning that a papal representative resided there and administered the territory. Other lands were “mediate subjects, ” meaning that public power was exercised by a feudatory of the pope without direct papal involvement.  Local municipal codes were kept in place under both systems, but they all were supposed to operate within a framework laid out in the Constitutions of the Holy Mother Church. The Constitutions were drafted in 1357 and laid out the political and juridical structure for the region.

In the example seen here, the Constitutions of the Holy Mother Church are called by their more common name, the “Egidian Constitutions,” in honor of their compiler, cardinal Álvarez Carillo Gil de Albornoz, known in Italian as Egidio Albornoz. This edition contains the additions made by Cardinal Rodolfo Piu di Carpi, a famous humanist and patron of the arts who served as papal legate to the March of Ancona in the 1540s, and whose coat-of-arms appears on the title page.

BENJAMIN YOUSEY-HINDES & MIKE WIDENER

Exhibit Curators

“The Flowering of Civil Law: Early Italian City Statutes in the Yale Law Library” is on display October 2008 through February 2009 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

October 4, 2008

The Flowering of Civil Law: Early Italian City Statutes in the Yale Law Library

Alessandria (Italy). Codex statutorum magnifice communitatis atque dioecaesis Alexandriae ad respublicae utilitatem noviter excusi (Alessandria, 1547). Acquired with the John A. Hoober Fund, May 1946.

(View Alessandria on a map.)

The statutes of the “magnificent” city and diocese of Alessandria feature one of the most striking title pages in Yale Law Library’s large collection of Italian civil codes. Beneath the municipal arms (the red cross of Saint George) and the watchful eyes of its patron saints we find a dramatic depiction of the city and its bustling port on the River Tanaro. Only a handful of early Italian municipal codes feature a cityscape rather than an elaborate version of the municipal arms. Note as well the ornate printer’s mark of Francesco and Simone Moscheni of Bergoni at the bottom of the page. These brothers went on to print collections of madrigals and various pieces of propaganda related to English relations with the Papacy.

BENJAMIN YOUSEY-HINDES & MIKE WIDENER

Exhibit Curators

“The Flowering of Civil Law: Early Italian City Statutes in the Yale Law Library” is on display October 2008 through February 2009 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

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