Causa litis sequitur terno sub ordine libri,
Conjugis inscripsit quarto dotalia bona,
Ordo datur domibus quinto plateasque divisit,
Judicis officium crimen exposit in sexto,
Septimo navigii additur, et mercium ordo,
Octavo in codice diversa colligit auctor.”
The introduction, which is full of generalities and abstract ideas, after the manner of the time, states that the object of the code was to collect the statutes of the Ragusan Republic, “to harmonise the discrepancies, suppress superfluities, supply omissions, explain obscurities, so that nothing superfluous, obscure, or captious should remain in them.” The first book defines the position, rights, and duties of the count and of the other chief functionaries of the Republic, and deals with sundry financial matters. The second book contains the formulæ and oaths of each officer of State; and in cap. xxiv. the salaries of the Ragusan envoys[130] to foreign countries were fixed. The third embodies the law of procedure and the judicial system, and sets forth the rules for the stanico, or international court of arbitration, to which we have already alluded. This institution was a peculiarly Serbo-Dalmatian one, and deserves examination. The statute of 1272 describes it as an antica consuetudo. It was of two kinds, the plenarium stanicum, or full court, and the parvum, or minor court. The full stanicum was agreed upon by the Government of Ragusa and that of some other State with whom the former had a dispute. Each side elected an equal number of judges, who met at some place easily accessible to both capitals, and, if possible, on neutral ground, i.e. in the territory of some State not concerned in the dispute. Thus in disputes between Ragusa and Zara the spot chosen was Santa Maria di Lesina, on the island of that name; for those between Ragusa and Sebenico, Traù, Spalato, Almissa, or Lesina, the stanicum met at or near Prevlaka (near Stagno); if the quarrel was with Hlum, at Malfi; if with the Serbs, at Gionchetto or Cresta; if with the Bosnians, at Trebinje, Popovo, or Canali. The dispute was settled by compromise rather than by arbitration, and each party was represented by State officials. The parvum stanicum was convened to settle private disputes between Ragusans and citizens of one of the Slave states (it was not resorted to in the case of disputes with the other Dalmatian towns). The presence of representatives of the two States was not necessary. But often when such disputes arose the parties would agree to defer settling them until the full stanicum met, provided that such a one was to take place shortly. It was not necessary that all private international disputes should be settled in this manner, and the plaintiff was free to summon his adversary before the latter’s own tribunal. He only resorted to it when he feared that he could not obtain justice from the foreign court. In proceedings by stanicum, the old Teutonic and Slavonic system of the conjuratio was applied, by which each party produced a number of relations and friends, who swore to the veracity of their kinsman; if any one was convicted of perjury, the curse fell on the whole clan alike. The institution exists to this day in Montenegro, Albania, and in certain districts of South Dalmatia and the Herzegovina.[131]
The fourth book deals with marriage, wills, and family affairs. The fifth deals with municipal regulations, building laws and contracts, land tenure, &c. The sixth is the criminal code, and also contains fiscal enactments and smuggling laws. The seventh regulates shipping, the relations between officers and crew, agreements for voyages, marine insurance, responsibilities and risks. The last book contains enactments on divers matters. It became law on May 9, 1272.
This code, although it is imperfect and not altogether well constructed, marks a great improvement on previous legislation, and compares favourably with the statutes of many of the more famous Italian Republics. The shipping and commercial enactments are often excellent, and parts of the code, especially those relating to land tenure and certain forms of contract, are still valid at Ragusa.