Rare Books Blog

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

Introduction

Beginning in the eleventh century, scholars in what is today northern Italy began to rediscover the Roman legal tradition as expressed in the Emperor Justinian’s sixth-century Corpus iuris civilis. In the centuries that followed, jurists, merchants, clergymen, and civic leaders all across the Italian Peninsula pragmatically integrated Roman law with the long-held customary laws of their own towns and cities. Over time a new and dynamic system of civil law emerged, one which continues to evolve to this day. The works featured in this exhibition are simultaneously examples of—and evidence for—the flourishing of Italian civil law in the fifteenth to eighteenth centuries.

The Yale Law Library’s collection of early Italian city statutes contains codes from over three hundred and eighty municipalities—including major cities such as Milan, Bologna, Rome, and Venice as well as tiny villages like Bellosguardo, Crasciana, and Montebuono. Regardless of their size, all of these municipalities took pride in their laws, and looking at the title pages one can sense the important role that these codes played in defining a municipality and its citizens.

As you explore the exhibition in the posts that follow, note the ways that the books’ owners marked and annotated them; the coexistence of printed and hand-written statutes; and the transition from the Latin of jurists and scholars to the Italian of merchants and politicians.

The Law Library’s Italian statute collection provides a rich resource not only for legal history, but also for the history of reading, print culture, manuscript culture, bookbinding, Italian social history, political history, and much more. In addition, the books are fascinating cultural artifacts. We welcome you to make use of them.

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.

Image at right: Sicily (Kingdom). Regni Sicilie constitutiones per excellentissumum j.v.d. do. Andream de Isernia (Naples, 1533).

October 4, 2008

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

Montebuono (Italy). Statuti communis et hominum terre Montis Boni (manuscript, Montebuono, middle or late 15th century). Acquired with the John A. Hoober Fund, May 1946.

(View Montebuono on a map.)

The statutes from the town of Montebuono (about thirty miles north of Rome) were collected and revised by the notary Eusebius Angeli of Narni as part of a reform program in 1437. The manuscript you see here was copied out by a scribe named Maximus Vincentius several years later. The statutes are organized into four sections: the first deals with city government; the second with damages to property; the third with civil, social, and legal matters; and the fourth with violent crimes and perjury. Luckily, one statute prohibited the throwing of dead animals or other filth onto people walking along the public road.

Yale Law School’s rare manuscript is attracting attention in modern-day Montebuono, now a village of about a thousand residents. Renata Ferraro, president of the Fondazione Gabriele Berionne, wrote an article about the Yale manuscript in the August 2008 issue of Montebuono Spazio Comune. The issue is available as a PDF file, at the Montebuono On Line website, and Ferraro’s article is on pages 6 and 8. The article is based on a detailed study of the manuscript authored by Yale graduate student Oriana Bleecher.

If you are interested in learning more about the rich history of Montebuono, see Montebuono e il suo territorio: storia, architetture e restauri inizia la ricerca (Mariasanta Valenti, ed.; Rome: Fondazione Gabriele Berionne, 2007), shelved in the Paskus-Danziger Rare Book Reading Room. We thank Renata Ferraro and the Fondazione Gabriele Berionne for the gift of this splendidly illustrated volume.

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

Bergamo (Italy). Statuta magnificae communitatis Bergomi (Brescia, 1491). Acquired with the John A. Hoober Fund, May 1946.

(View Bergamo on a map.)

The city of Bergamo was part of the Venetian Republic from 1426 to 1797, but like many of Venice’s territories it was allowed to maintain its own municipal statutes. The volume displayed here is the first printed edition of those statutes, and one of thirteen incunables (books printed before 1500) in Yale Law Library’s collection of Italian civil codes. Here we see an excellent example of the coexistence of print and manuscript, as the statutes printed in 1491 are supplemented by thirty-three pages of “reformationes et correctiones” from 1492, and eight pages of material added between the 1570s and 1610s.

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

Venice (Republic). Institutio Phederici Reynerii in dignitatem rectoris civitatis Canee in insulae Cretea ab Leonardo Laurendano duce Venetiarum (manuscript, Venice, 22 Sept. 1507). Acquired with the John A. Hoober Fund, June 1956.

(View the Republic of Venice on a map: “Rep. di Venezia”.)

 In this fascinating manuscript the Doge of Venice, Leonardo Laurendano, names Federico Reynerio as Venice’s governor in the region of Chania on the northern coast of Crete for two years –“unless your successor arrives earlier.” Organized and presented much like the municipal statutes in this exhibition, the manuscript lays out over one hundred and eighty different instructions for the new governor to follow. Note how Federico’s name and coat-of-arms have been written over earlier erasures. Perhaps he was not the first recipient of this manuscript? This is one of six similar manuscripts held by the Yale Law Library.

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

Crasciana (Italy). Statuta, decreta, et ordinameta communis et hominum Crascane (manuscript, Crasciana, 1519-1576). Acquired with the John A. Hoober Fund, May 1946.

(View Crasciana on a map.)

This manuscript is from Crasciana, a small village outside Lucca in Tuscany, and displays many interesting features. The first half was written by the notary Franco Inporino in 1519, and is followed by additions from at least eight other notaries up to the late 1570s. In some cases these notaries have added or emended statutes, in others they have simply certified that the laws were still in force. The pages presented here were written by “Andrea Paullecti, public notary and citizen of Lucca” in 1527. On the left are two laws pertaining to the keeping of pigs within the commune’s boundaries, and on the right is a statute concerning the penalties assessed for illegally harvesting timber on public land.

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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