[462] Rubric xii., F. G., vii., B.
[463] Rubric xiii., F. G. This being a codicil added in 1295, it is not comprised in Compilation B.
[464] Rubrics vi., vii., F. and G. Not comprised in B, having been added in 1295. It should be remarked that in the legal phraseology of the time "common law" signified Roman law; the law as prescribed by the statutes being held almost in the light of a special or exceptional code. But as the enactments constituted in themselves an exception, with regard to the statutes, the latter are referred to wherever common law is mentioned. When the question was of two municipalities, one of which was subject to the other, the subject municipality was always allowed (excepting in political concerns) to retain its own statutes; but in cases where these proved insufficient, it had recourse to those of the dominant city, as though these constituted the common law.
[465] Rubric ix., F. G., and vi., B. In this case two witnesses were always needed to prove the offence, and on this point all the compilations, including the rough draft, are agreed. Regarding the other cases, Compilation B (rubric v.) only says per testes, meaning more than one, that is, two or three. On the 6th of July, 1295, per testes was changed to per tres testes, and so it stands also in rubric vi., F. and G.
It should be remarked that in the Italian compilation this rubric ix. has a codicil that is neither comprised in the draft nor even in Fineschi's compilation, and this is an additional proof that the Italian compilation was of later date than the Latin text, of which it is generally the faithful translation. The codicil decrees that the fine is to be paid to the Commune either by the offending party himself or his nearest relation.
Rubric xi., F. and G., answering to rubric xvi., B., treats of the rights acquired by nobles over real property appertaining to the people, and alludes in this connection to the associates or relatives of the popolani. This proves that the custom of joining in associations was very general at the time, and likewise shows how nearly the ties of association resembled ties of relationship.
[466] Rubric xvi., F. and G., rubric ix., B.
[467] Rubric xxvi., G., xxi., B.
[468] This "Conclusion" is mutilated in the xxii. and final rubric of Compilation B. It exists in full in rubric xxvii., F., and rubric xxv., G.
It should be noted at this point that, leaving aside other partial disparities, those rubrics, included in Compilations G. and F., and entirely omitted from Compilation B. (whether as the results of later decrees, or actually passed at the time when the draft was engrossed in its definite official shape, we have no means of really ascertaining), were those indicated in Compilations G. and F. by the numbers xviii., xix., and xx.