Epistola mandativa ad comites palatinos 
[De vitiis evitandis et cursibus servandis in dictamine] -- [Epistola Boncompagni ad Philippum electum Ferrariensis] 
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This letter, a hitherto unknown Fürstenspiegel and valuable source for the history of the Tuscan nobility, argues that the Guidi brothers should retain a kinship system of shared rule and inheritance, the consorteria.  This new arrangement of sharing the title of count palatine among all the brothers had only recently been installed, on the death of  their father, Guido Guerra III.

Salutation of the ‘orator’ Boncomagno to Guido Guerra IV, Aghinolfo, Ruggero and Marcualdo, counts palatine of Tuscany (§1).  The preamble establishes Boncompagno’s intention to serve all the Guidi as an indivisible unity, despite his special spiritual ties with one brother.  Boncompagno was Marcualdo’s confirmation sponsor at the sacrament performed by cardinal-legate Hugolinus (the future pope Gregory IX) (§2).  The Guidi  have commissioned Boncompagno to write this letter-treatise On the damage and distress of division (§3).  Division originated with Lucifer’s fall and the original sin of Adam in Paradise (§4).  The Guidi brothers must guard against the personification of division, named here by the Hebrew `Phares’ (§5).  Examples from the Old Testament and classical antiquity of brothers divided by Phares (§6).  A modern example: the Romeon brothers, Alexius and Isaac,  vie for the Byzantine throne (§7).  Many counts and marquises have lost their lordships through division of hereditary right.  In regions where cities have lordships, only the houses of Guidi and of Monferrato still retain their status (§8).   (§9).   (§10).   (§11).   (§12).     (§13).   (§14).   (§15).   (§16).      (§17).   (§18).

[Date 1213-1220]
 

[1] To the most estimable men1 Guido,2 and Aghinolfo,3 Ruggero4 and Marcualdo,5 by the grace of God counts palatine of Tuscany,6 the orator Boncompagno <sends> what he can of fealty and love.

[2] A sacrament of spiritual ministry7 compels me to more sincerely love Your Unity, by which sacrament divine predestination has spiritually associated count Marcualdo to me, when the venerable father Hugolino,8 bishop of Ostia and Velaria, then9 legate of the apostolic see, anointed him with holy chrism.  I do not divide the intention to serve that unity, because I think it proper to render to each that service which I confer to Unity for the sake of one, especially since I have a fervent love and special reverence for each one of you.

[3] Thus charity, which advances from Christ, and perfect love, which is outside death--whence it excludes fear--would have probably induced me without the extension of your requests to compose this little work,10 in which for the augmentation of your honor I have discussed On the damage and distress of division, desiring that it might be a perpetual caution for you and that others might be able to stroll in unharmed steps along similar paths of doctrine.

[4] A poisonous jealousy came forth from the womb of pride, which hatefully persuaded Lucifer that he should set up his seat from the north11 and dispute divinity with the Highest.  Whence he was cast down from the angelic seat with his armies of angels.  But converted into the form of a snake, he poisoned the first man with a treacherous fruit, and then a case of litigious division began to spring up12 in the world, which will not cease to infest mortals until the end of the time.

[5] Thus the Lord would have performed a new miracle on earth, if the Divider13 has not entered your house, especially since it has five14 principal gates and a numerous multitude of introducers.15  For the Divider has the sharpest sword, with which he cuts back mountains and rocks, divides empires and kingdoms, diminishes public and private weals, transfixes religions, dismembers honors, defiles friendships, destroys covenants, kills filial devotion, spurns marriages, wounds oaths, and against him iron doors may not prevail, unless perchance unity may be the key-bearer, who would not permit him to enter others’ doors.  But it rarely happens--indeed most rarely--that unity does not suffer through the Divider an inimical dissection, which we shall see often happens among brothers.

[6] For that which should be marveled at above all amazing things, when there were only two brothers in the world, one of them, persuaded by envy, cut off his ‘right hand’.16  Also Jacob, when he was in his mother’s womb, did not at first allow his brother Esau to draw strong breaths.17  The sons of Jacob himself conspired unanimously against his own son Joseph, and sold him into slavery because of a dream.18  Because of  his hatred for Priam, Aeneas persuaded that the most excellent city Troy be destroyed.19  Because of ambition for dominion, the first walls of Rome bathed in fraternal blood.20

[7] Indeed no one can number the ancient hatreds of brothers.  Whence I will briefly introduce some modern examples to demonstrate my proposition.  Alexius, emperor of Constantinople, persuaded by his wife, had his brother Isaac blinded through a veil of deceit and treason.21  For this reason the city of Constantinople, which used to abound over all other cities of the world in riches and delights, was laid open to such such destitution and ruin, that pens of poets22 would fail to narrate the types of calamity and misery.

[8] Now we should more diligently investigate beyond the visible and the apparent, and you should take care to more subtly examine the desolations which come forth because of divisions.23  For you see that many marquises and counts who have divided their hereditary rights, fall irremediably from the thrones of their dignities.  And especially in those regions in which cities have lordships, no <counts or marquises> remain in a pristine state, except you and the marquis of Monferrat.

[9] But behold, you are counts palatine and are called counts palatine; you have had the name of this dignity from your predecessors.  But in your house there had been none but one single count palatine, and now the dignity has been transferred for the sake of unity and harmony to you five.24  But if you will make a division, none of you will be able to be called count palatine, because the meaning of the name will fall away from the effect, especially since ‘palatine’ is derived from the imperial palace, because like a prince he should reside near the place of the empire.

[10] And because office is impatient of a consorteria, and from the interchange of equals arises contempt of office, you should carefully beware of those things which are wont to induce division.  These are entries of division: fawining of women, turncoat friends, adulatory tongues, scheming vassals--because they would rather serve one more than several lords--and disparate wills.  Indeed there is nothing which will aggravate enmity more than disparity or contrariety of wills.

[11] Therefore if you will divide your unity, your county will be desolated, since the cities, which like bloodsuckers will subject your whole land to pay toll and render team, will force even you to perform plebeian service.25  For many in Italy are called counts, for whom the shadow of this name is a disgrace, and who because of divisions and unbearable lordships of cities have come to such poverty and insufficiency, that they cannot keep horses and yet bear the insignia of knights to hide their shame.  Hence they can rightly be named counts pedestrian, since a count without a county and a mill without water seem to be a matched pair.26

[12] For the multitude of such counts has now grown so much, that thirty of them were found on one terrace27 at Crema.  Thus for a memorial they should even now be called ‘Terrace’.  The proper name of a count submerged in a labyrinth of poverty is also shamefully placed before the official title, so that although someone should have been called ‘count Oliver’,28 the title of the office29 is placed second, so that he might be named ‘Oliver count’ with mockery.  And the proper names of marquises are placed first in similar contempt of  their own title.

[13] Thus you should  keep your status through union, in the summit of honor and among the princes of the throne of glory, and you should confirm that concord, aware that the Divider now threatens you with drawn sword, and desires to break your unity.  If he can violate that unity by the persuasions of others, he will tear your whole honor into pieces, from top to bottom, and in particular, he will divide your county.30  Moreover, I ought not let pass in silence that it befits a prince to be truthful, and equally generous and steadfast: truthful in promises, generous in gifts and steadfast in action.  Most certainly nothing more fully dishonors great men than an open lie, detestable avarice and instability of actions.  Nor do I say that it is not the duty of a wise man to vary counsel, since he sees it is advantageous and departs from errors.  But it should be known that there are some, who when they think to avoid avarice, incur the vice of prodigality, which begets usury.  And usury, impregnated with the seed of the money-lender, labours day and night to devour the substance of debtors.31

[14] It should also be known that generosity is a virtue and thrift a moderator, avarice is a crime, prodigality a corruption.  For the generous person may be figured in the sun, the sparing person in the moon, the avaricious person in dropsy, the prodigal person in dysentery.  The generous is venerated, the sparing commended, the avaricious made abominable and the prodigal brought to ill repute.  It should be commended to memory that there are three languors of giving: protraction of time, disturbed facial expression and indiscretion of the donor.

[15] I recommend that you should have temperance in your dominion, because a tolerable dominion makes perverse subjects faithful.  I said ‘perverse subjects’32 not ‘malefactors’, nor do I say that the vigor of justice should not be carefully applied, because a light penalty does not show a matter for loving and harsh punishment removes a matter for maligning.  A chained lion applauds the guard, and an apprehended thief cries in the presence of a justiciar.  But the lion should not be released for the sake of that applause, nor should the thief be released on account of the shedding of tears, because the lion is prepared for plunder and the thief conspires to steal.  Therefore, although theft, robbery, rape, treason, forgery and sodomite33 sex34 do not come forth from the nature of things, yet they are accidents, which adhere inseparably to the subjects on account of a desire for that abuse.  Therefore, those who do such things should not be blinded or mutilated, but should be condemned to capital punishment or to be hanged as a thief or burned up in a furnace of glowing fire.  Indeed your father, count palatine Guido Guerra of renowned memory, instead of torture and enormous penalties, annihilated those whom he could not castigate by a simple correction.  All those who used to beseech him on the part of thieves and plunderers did so without the least hope.  In this regard you should especially follow in his steps.35

[16] I do not persuade Your Highness to this, that you keep some faith with the unfaithful and treasonous, because faith should not be kept with those breaking faith, and especially since the offender should be punished by the person he wronged.  I reassure and exhort you often, that you should take care to more sincerely love vassals of long service, recognizing that the new cannot be equated with the old.  But I have often seen a fault in the towers of lofty personages,36 which should not be left in silence, namely: benevolence is shown to ungrateful and unfaithful persons and bountiful gifts are granted to them, on account of adulation and lies, and indignation is demonstrated to faithful and true persons and retribution of merits is withdrawn from them on account of grateful and acceptable service.  You ought to certainly show yourself tractable to each and everyone, so far as the merits of persons demand, so that the haughtiness of excellence not make you odious, or so that excessive familiarity not render you contemptible and vulgar.

[17] At last I am led to faithfully counsel Your Highness, that you annex <the following> in the seal of memory so attentively as possible, with a trebled cord, in the manner of Solomon: that those who were aggrieved by your father or offended by you should not be present in your secret negotiations and counsels, under pretext of the reconciliation of someone.  Rather, what is more, you should confide less in them than in the most manifest enemies, because a scar of a shame or loss inflicted is a memorial note on the bodies of the wounded.  In order to be reconciled, they scheme by any art or talent whatsoever to break the bonds of peace.  They transmute themselves into foxes, so that they might deceive, into wolves, so that they might plunder sheep, into spiders, so that they might arrange a web of surrender, into scorpions, so that they might be able to emit poison with tails.

18] You should recall this diligently in past times, subtly consider it in present times, and diligently contemplate it in future times with eyes of meditation.  Because the summit of the empire is vacant,37 the government of citizens do not thrive, the crowds of nobles oppress, justice is wholly neglected and only power dominates.  You are required to show filial reverence and sublime honor to the illustrious countess Gualdrada, your mother, who is the principal column and most solid foundation of your county, so that her benediction may be fruitful to you and you may deserve to live long upon this earth.  But if you have wished to keep the aforesaid with the performance of deeds in the repertoire of memory, the Divider will not be able to enter your house.  Thus the status of your honor will be augmented and the cities, although they may not love Your Unity, will yet nevertheless allow you to remain in that customary status.  And so you will be counts palatine both vocally and really, with triumphant glory and honor, etc.


1 Boncompagno's letter to the sons of count palatine Guido Guerra III, which is only transmitted in Berlin, SBPK lat. fol. 509, fols. 198v-201v, is found there between Boncompagno's Tractatus virtutum and his Notule auree, headed by the rubric: Epistola mandativa ad comites palatinos. §3 reveals that this letter was commissioned by its recipients. This letter, a hitherto unknown Fürstenspiegel and valuable source for the history of the Tuscan nobility, argues that the Guidi brothers should retain a kinship system of shared rule and inheritance, the consorteria. This new arrangement of sharing the title of count palatine among all the brothers had only recently been installed, on the death of their father, Guido Guerra III, in 1215. --- On the Fürstenspiegel, see WILHELM BERGES Die Fürstenspiegel des höhen und späten Mittelalters Schriften der MGH v. 2 (1952). --- On the consorteria, see below note 24.

2 The eldest living son of Guido Guerra III, Guido IV served as podesta of Lucca in 1214 and married Iohanna of Pallavicini, the sister of the margrave Visconti of Pallavicini. His mother was Gualdrada, the second wife of Guido Guerra III and the daughter of Bellincione Berti of Florence. According to a story well known in medieval Italy, the marriage took place at the suggestion of Otto IV, who had been impressed with her great beauty, wit and modesty. This legend is discredited by the fact that Gualdrada married Guido Guerra in 1180. Records show she had at least two children by 1202. Cf. Dante Inferno 16.37-39 and Paradiso XXX.XX. --- Guido Guerra II was one of Barbarossa's key supporters among the Italian nobility. He negotiated and signed the treaty of Konstanz; the emperor's son Konrad was born in February 1167 at the Guidi castle in Modigliana. As Barbarossa explained in a letter to the imperial court historian, bishop Otto of Freising, he had besieged and destroyed Spoleto because its citizens held count Guido Guerra II captive. ALFRED HAVERKAMP "Friedrich I. und der höhe italienische Adel" Beiträge zur Geschichte Italiens im 12. Jahrhundert VuF 9 (Sigmaringen 1971) 53ff. P. BREZZI, G. GUAGNINI, A. OVERMANN, K. SCHROD, M. STRACHWITZ.

3 The youngest son of Gualdrada and Guido Guerra III, Aghinolfo was a judge and captain of the knights of Pistoia in 1237, according to the family tree given in BERTHOLD STAHL Adel und Volk im Florentiner Dugento Studi italiani 8 (Cologne 1965) .

4 Ruggero died in 1229 or 1230, leaving two sons and a posthumous child. He had been podesta of Lucca in 1224 according to the family tree given in BERTHOLD STAHL Adel und Volk im Florentiner Dugento, Studi italiani 8 (Cologne 1965).

5 The second eldest surviving son of Guido Guerra III, Marcualdo was styled count of Dovadola, a Guidi castle 18 km. southwest of Forli, on the Montone river, and 13 km. southeast of Modigliana, the main Guidi stronghold. Castel Ruggiero is located nearby. Marcualdo married Beatrix of Capraia before 1220, when their first son Guido was born.

6 Guido Guerra is the only count palatine in the Boncompagnus, except for one `H. comes palatinus' who is marrying the daughter of the duke of Austria,. In the Oliva c.54, both Guido Guerra and Aldobrandinus have this title.

7 Boncompagno served as a Firmpaten for Marcualdo's confirmation, which probably took place in 1199 (see note 9) or ca. 1207-1209 (see Boncompagnus 1.13.1 §3). Gualdrada is called Boncompagno's commater in Boncompagnus 1.25.11, which was written after 1215; Marcualdo's annointment had united them in spiritual kinship of coparentage. Marcualdo's baptismal godfather was the Staufer magnate Markward of Annweiler, whom he served as a page. See WERNER GOEZ "Ein Brief des Grafen Guido Guerra III. an Markward von Annweiler" DA 32 (1976) 131-146. --- On spiritual coparentage, see JOSEPH LYNCH Godparents and Spiritual Kinship in Early Medieval Europe (Princeton 1987), KARL HAUCK "Formes de parente artificielle dans le haut moyen age" in Famille et parente dans l'occident medieval ed. GEORGES DUBY and JACQUES LE GOFF (Rome 1977) 43-47, CHRISTIANE KLAPISCH-ZUBER "Parrains et filleuls. Une approche comparee de la France, l'Angleterre et l'Italie medievales" Medieval Prosopography 6 (1985) 51-76. --- See Bernardus Papiensis Summa Decretalium 4.11 §1 (ed. LASPEYRES 157-8): Cognatio spiritualis est propinquitas proveniens ex sacramenti datione vel ad id detentione, ut ecce: sacerdos baptizat parvulum, te eum suscipis, uterque vestrum est eius pater spiritualis, ut C. XXX. qu. 1 Omnes...; 4.11 §5 (ed. LASPEYRES 159-160): Quia vero diximus, cognationem spiritualem per sacramenta ecclesiastica provenire, videamus, per que sacramenta contrahatur. Sciendum est igitur, quod secundum veritatem et consuetudinem tantum tria sunt sacramenta, que compaternitatem impedientem matrimonium inducunt, videlicet sacramentum Christianitatis, et sacramentum baptismi, et sacramentum consecrationis ab episcopo facte. Citations: C. 30 qu.1 c. 1, qu. 4, c. 3, De consecratione D. 4 c. 100.

8 Hugo, cardinal bishop of Ostia and Velletri (1207-1227), pope Gregory IX (1227-1241). For Hugo's activities as a papal legate to Germany in 1207-1208 and in 1209, accompanied by cardinal Leo Brancaleonis of S. Croce, see RNI 141-149, 178-184 and Boncompagnus 5.1.23. Boncompagno met the legates (perhaps in Bologna) in early summer of 1207 (Boncompagnus1.13.1). WERNER MALECZEK Papst und Kardinalskolleg von 1191-1216 (Vienna 1984) 126-133. --- Hugo also served as a legate in Lombardy, 1216-1219 and in northern Italy 1221, ie. Tuscany, Emilia, Lombardy and the Veneto. This 1221 legation may be followed in the Registri dei cardinali Ugolino d'Ostia et Ottaviano degli Ubaldini ed. GUIDO LEVI (Rome, 1890). The subscriptions show that Niccolo di Reggio took part on this legation, preaching the Crusade and gathering a large number of troops from Emilia.

9 The word 'tunc' might carry an adversative meaning here, signifying that Ugolino's legation took place before he was raised to the episcopacy. In that case, the legation took place in summer 1199, to Markward of Annweiler in Veroli. (Perhaps this has something to do with composition of Isagoge). --- Hugo's fellow legates were cardinal bishop Octavian of Ostia and Guido cardinal presbyter of S. Maria in Trastevere (on Octavian see Boncompagnus 3.16.5, on Guido 3.16.16). Markward died September 1202. Cf. F. BAETHGEN Die Regentschaft Papst Innocenz III im Königreich Sizilien (Heidelberger Abh. 44, 1914); THOMAS VAN CLEVEMarkward of Annweiler and the Sicilian Regency (Princeton 1937).

10 The rest of this letter (or perhaps only §4-§7) is thus an opusculum or a treatise titled De iactura et malo divisionis commissioned by the Guidi consorteria. But like any medieval letter-treatise, it also addresses a wider audience. Boncompagnus 4.4.25-26 concerns two brothers contending for a division of their inheritance. Boncompagno seems to have applied to Bohemia the actual dispute between the brothers Emmerich (1196-1204) and Andreas II (1205-1235) claimants to the Hungarian throne. See also Boncompagnus 1.20.7.

11 Joel 2.20 (eum, qui ab aquilone est), Dan 11.6, passim (rex aquilonis), Jer. 1.14, 4.6, 6.1 (malum ex aquilone). Destructive winds, floods and peoples also come from the north.

12 Cf. Rhetorica novissima 1.3 'De origine iuris que fuit in Paradiso deliciarum' (on which cf. Gaius in Digest 1.2.1 'De origine iuris').

13 Dan 5.25, Gen. 38.29, cf. also Boncompagnus 5.1.26 §4, and 1.2.16. Although this term might not be wholly unfamiliar from medieval Latin (phariseare = to divide), Daniel's interpretation of phares on the Aramaic mene-tekel-u-pharsin inscription is: divisum est tuum regnum; in Genesis 38.29 the midwife names the second of twins who pushes past his brother at birth 'Phares', saying that on his account the wall was broken (quare divisa est propter te maceria et ob hanc causam vocavit nomen eius Phares). This Phares, the son of Iudas and Tamar, who has nothing to do with Boncompagno's sinister 'Divider', also appears at Num 26.30, 1. Par 2.4, Ruth 4.12, Matt 1.3, Luc 3.33. --- See A. VIVIAN I campi lessicali della 'separazione' nell'ebraico biblico, di Qumran e della Mishna (Florence 1978).

14 Only four sons are named in the salutation. Guido Guerra's third son, Tegrimo II, was not referred to by name in the salutation of this letter. Although the family tree published by STAHL indicates that Tegrimo served as a consul of Florence in 1192, this was probably another person, because Gualdrada's son Tegrimo was podesta of Arezzo in 1237 and of Pisa in 1239. See below, §9.

15 See §10, below.

16 Gen 4.8. manus dextera used by synecdoche for a brother. See RICARDO QUINONES The Changes of Cain: Violence and the Lost Brother in Cain and Abel Literature (Princeton, New Jersey: Princeton University 1991), chapter 3, for analysis of Dante and 13th c. Tuscan fratricide, including the 'blood sacrifice' of Buondelmonde in 1215.

17 Gen. 25.22. This elaboration of the story of Esau and Jacob jostling in Rebecca's womb is typical of Boncompagno's interest in medicine (see also below, §14). Another interesting Biblical story of the birth of twins is Gen. 38.29. However, the pertinence of Jacob and Esau to the problem of division is marked in the Lord's words to Rebecca in Gen. 25.23: Duae gentes in utero tuo sunt, et duo populi ex ventre tuo dividentur, populusque populum superabit et maior minori serviet.

18 Gen. 37.5-28.

19 As an alternative to the Virgilian picture of a pius Aeneas, the story of Aeneas' (and his brother Antenor's) conspiracy with the Greeks was transmitted to the Middle Ages by a pair of demythologizing forgeries from Late Antiquity: the Latin tr. by Lucius Septimius' of Diktys Cretensis Ephemeris belli Troiani (Teubner, ed. W. EISENHUT 19732) and Dares Phrygius De excidio Troiae historia (Teubner, ed. F. MEISTER, 1873)--both based on Hellenistic Greek models. --- See HANS FROMM "Eneas der Verräter" in JOHANNES JANOTA ed. Festschrift Walter Haug und Burghart Wachinger (Tübingen 1992) 1.139-163.

20 Lucan De bello civili Fraterno primi maduerunt sanguini muri. Alexander Neckam De naturis rerum 2.189 (WRIGHT ed. 337): Romulus, iam saepedictae pestis furiis agitatus, Martis se prolem esse degenerem probavit, dum muros urbis sanguine fraterno infausta dedicatione polluit.

21 Cf. Boncompagnus 1.25.10.

22 Boncompagnus 2.3.9, 3.15.8, 4.2.3-4.

23 Although I would translate causa divisionum 'because of divisions', a more technical legal translation is possible. The action (causa) for a divisio hereditatis is treated in Digest 10.2, see also Digest 26.8.20, 45.1.122 § 6 and above §4.

24 JULIUS FICKER Vom Reichsfürstenstande (Innsbruck 1861) 1.xxviii and 243: "Bei den Magnaten Italiens geht der Titel auf alle Familienglieder...so finden wir mehrere Brüder als Margrafen von Este oder Pfalzgrafen von Tuscien; ganze Sippeschaften führen den Amtstitel fort." However, according to Boncompagno, this had not happened in the Guidi family before the sharing of the title among Guido Guerra II's heirs, establishing a consorteria. --- A short discussion of the consorteria is found in DAVID HERLIHY Medieval Households (London 1985) 88-92. Two articles in Famille et parente dans l'occident medieval ed. GEORGES DUBY and JACQUES LE GOFF (Rome 1977) provide more detail and an introduction to the literature: CINZIO VIOLANTE "Quelques caracteristiques des structures familiales en Lombardie, Emilie et Toscane aux XIe et XIIe siecles" (pp. 88-151) and GIOVANNI TABACCO "Le rapport de parente comme instrument de domination consortiale: quelques exemples piemontais" (153-158). The standard work is F. NICCOLAI I consorzi nobiliari ed il comune nell'alta e media Italia (Bologna 1940). For Boncompagno on the consorteria, see below §13, also Boncompagnus 5.20.1.

25 The communes' subjection of rural magnates is one of the main themes of medieval Italian history. For the subjection of the Guidi and Alberti families to Florence, see P. SANTINI "Studi sul'antica costituzione del comune di Firenze" Archivio Storico Italiano5 25 (1900) 25-86 with three maps; 26 (1900) 3-80; 27 (1900) 163-249. Current biblical exegesis identified the two daughters of the leech in Prov. 30.15 as avarice and gluttony.

26 On the relation between wealth, ownership of knightly arms and noble status in Tuscany, GIOVANNI TABACCO "Nobili e cavallieri a Bologna e a Firenze fra XII e XIII secolo" Studi Medievali 17 (1976) 41-79.

27 Cf. BATTISTI-ALESSIO Dizionario etimologico italiano (first evidence for terrazo in 14th century). See also scholarship on Dante's Inferno...

28 Comes Oliverius is an echo of the Chanson de Roland (cumpainz Oliver); see also De malo senectutis et senii 11. For the reception of Arthurian material by Boncompagno, see Cedrus3.6 and Boncompagnus 1.24.3. --- In general, see H. KRAUSS Epica feudale e pubblico borghese: Per la storia poetica di Carlomagno in Italia (Padua 1980) and ANNA IMELDE GALLETTI and ROBERTO RODA Sulle orme di Orlando: leggende e luoghi carolingi in Italia: i paladini di Francia nelle tradizioni italiane : una proposta storico antropologica (Padua 1987).

29 Boncompagno's consternation is evident; assuming that the office is greater than the man, such a title violates a cardinal rhetorical maxim: maior debet praemitteri. But in Boncompagnus 1.23.4 he takes the position that the man is more important than the office.

30 CHRIS WICKHAM The mountains and the city (Oxford 1988) revalorizes the 'demise' of Guidi power by noting that their increasing localization on the Tuscan-Romangnole Appenines (the upper Casentino valley) tended to enhance the development of a seigneurial form of their power.

31 On usury, see Boncompagnus 1.23.3 §5.

32 See Boncompagnus 1.25.11 §22 and 3.14.1 §15.

33 Either like It. riferimento or 'sour-dough starter'. See I Cor. 5.6, Gal. 5.9 and Boncompagnus 1.13.4, 1.23.2 §2, 1.25.11 §1, 5.22.4 §2.

34 For sodomy: Boncompagnus 1.13.4, 3.13.13, 3.19.15; Rhetorica novissima 9.2.17. See also Boncompagnus prol. 3.10 (Infamavit de heresi Priscianum).

35 The ruthlessness of the Guidi family is indicated by the their names Bibesanguinem and Guerra; Boncompagnus 1.25.11 and 6.8.12 detail Guido Guerra III's reputation. Boncompagno's interest in the punishment of criminals stems in part from his tenure on the staff of a podesta of Ancona in 1200-1201. For that interest, see Oliva 36.6. --- See also GEORG DAHM Das Strafrecht Italiens in ausgehenden Mittelalter (Leipzig 1935), G. HANUAER Das Berufspodestat im 13. Jahrhundert MIöG 23 (1902), JOSEF KOHLER Das Florentiner Strafrecht des 14. Jahrhundert (Leipzig 1910); HERMAN KANTOROWICZ Albert Gandinus und das Strafrecht der Scholastik.(Berlin 1907).

36 On the noble towers of Florence: PIETRO SANTINI "Societa delle torri di Firenze" Archivio Storico Italiano4 20 (1887).

37 This gives a terminus a quo of 22 November 1220 for this letter, the date of Frederick II's imperial coronation. Since the letter presupposes that Guido Guerra III is dead, the Epistola mandativa ad comites palatinos was written between 1215-1220.

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© Steven M. Wight, Los Angeles 1998
Scrineum © Università di Pavia 1999