XIII.
Besides the law of succession, there is another branch of the Italian statutes in which the action of the political idea upon civil law is equally apparent, namely, that which treats of rights between neighbours, and of the obligations in solidum attaching not only to the members of families, but likewise to the members of sects and associations. We have already observed that these are carried so far as to make one member responsible for another's debts, and even for his delicts: this is a law to which we shall have more than once to return and give our attention. When real property is sold, we find that the agnates and cognates have always a preferential right of purchase. In the March of Ancona, the blood-relations of a prisoner condemned to death may be compelled to purchase his estate.[402] At Bologna, relations are often made legally responsible for one another, and, by the rules of the corporations of merchants in that city, the brothers of any bankrupt, who have lived in community with him within a month before his failure, are held responsible for his debts—even if they have separated from him since that time.[403]
According to the Florentine statute, the creditor of any Commune or of any Universitas (corporation) might proceed against it, sicut procedi potest contra alias singulares personas debitrices, in persona. This was carried so far, that it was permissible to proceed against every individual member of the association, and even to have him arrested, liceat ipsi creditori capi et detinere omnes et singulares personas dicti Communis vel Universitatis, quousque fuerit integre satisfactum.[404] If landed property had been laid waste or houses burnt, the proprietor was entitled to compensation from the author of the deed; from his associates (consorti), were he a noble, or from his relations, even to the fourth degree, if a commoner. Nay more, the injured person might also proceed against the Commune, University, or district (plebatum) in which the crime had been committed; he was at liberty to follow any of these modes of redress, and if unsuccessful in one to try another.[405] The statute prescribed the form of procedure and the terms of the sentence.[406] The Commune, University, or district was thus compelled to be always ready to raise the alarm, when similar acts were perpetrated, and to pursue and arrest the criminal, since, in case of failure, they were held responsible.[407]
In all matters, even such as purchases or sales, great importance was assigned to the condition of the persons concerned. In some cases, where land was to be sold, the law required that it should be sold to a neighbour; commoners, however, were not compelled to sell to magnates.[408] Similarly no one might buy, sell, or acquire the usufruct of lands held in common, or any piece of land or house touching another man's wall, without according the joint-owner, associate, or neighbour the right of pre-emption.[409]
In case of a dispute between relations or associates, qui consortes sint de eadem stirpe, per lineam masculinam usque ad infinitum,[410] the judge was bound, at the request of one of the parties concerned, to leave the matter to the decision of arbiters chosen by the parties themselves; but no plebeian could act as arbiter between nobles.[411] In reviving a law of much earlier date, the statute of 1355 informs us that arbiters were therein mentioned, as blood-relations.[412] Whence it may be inferred that similar compromises began to be customary, at a very remote period, between relations and associates who voluntarily selected arbiters from their own group. Down to the year 1324, the custom had been sanctioned by law; at a later time it lost its primitive character of a voluntary and domestic agreement, and assumed the shape of a regular legal trial.