Oliva 54 
Table of contents -- Previous section -- Next section -- Edition 
Siglorum conspectus -- Main menu

[54. HOW A JUDICIAL SENTENCE IS CONFIRMED]

[54.1] When a sentence is confirmed, a confirmation can be drafted as follows:336 

[54.2] Since any controversy can and must be easily settled at any moment by the guidance of the Imperial Highness, we do not wish the impudence of litigants to subvert rights through a protraction of time. So let whatever is known to entail an obstruction of justice be removed from court by the advocacy of Our Magnificence.

[54.3] For since a controversy has taken place between our beloved subjects and palatine counts Guido Guerra337 and Aldebrandinus338 over certain castles339 and burgs, as was disclosed to us through your letters the party of count Aldebrandinus appealed after the second announcement of sentence and sought a dismissory letter.340 

[54.4] On this account we have committed this case to be determined a third time by judges of our court, namely Pillio of Modena341 and Bandino the Pisan.342 These judges, not ignorant of law and custom, pronounced that the castles and burgs ought to be count Guido's. We order their sentence to stand firm and undisturbed for all time and to obtain perpetual strength.

[54.5] But if anyone presumes to contravene the tenor of this our edict, he shall pay to our court and to the aforesaid count Guido as much as these castles and burgs are said to be worth by a probable estimation. If indeed he does not at all wish to pay that amount, he will be punished with a corporal punishment, after he is stripped of all his possessions. 

[54.6] Dated... 


Top of page -- Table of contents -- Previous section -- Next section -- Translation 
Siglorum conspectus -- Main menu



336 Oliva 54.1-6 was edited by JULIUS FICKER FRRI 4.306, no 261 (discussion at 2.11 at note 9, 3.165 at note 12, 3.414), by GIOVANNI SANTINI Universita e societa nel XII secolo: Pillio da Medicina e lo Studio di Modena. Tradizione e innovazione nella scuola dei Glossatori (Modena 1979) 412-3 and by ROCKINGER Briefsteller und Formelbücher 118.

337 Guido Guerra III died after 1213. See WERNER GOEZ "Ein Brief des Grafen Guido Guerra III. an Markward von Annweiler" DA 32 (1976) 131-146. For Boncompagno's role as godfather (confirmation sponsor or Firmpaten) to Guido Guerra III's son Marcualdo, see Epistola mandativa ad comites palatinos §1 (note 7) and Boncompagnus 1.25.11.

338 Ildobrandus Novellus received the title of count palatine from the emperor Frederick Barbarossa ca. 1160-1163. His son Ildobrandinus Aldobrandeschi died in 1208; after which such great discord arose among his four sons that his county was divided into four lines. See F. CARDINI art. "Aldobrandeschi" in LMA 1 (19XX) 347.

339 This dispute also alluded to in Boncompagnus 4.4.27-30.

340 For this phrase, see Digestum 49.6, 50.16.106 and Boncompagnus 3.20.4.

341 Pillio of Medicina, jurist (1169-1207). See JOHANNES FRIED Die Entstehung des Juristenstandes im 12. Jahrhundert. Zur sozialen Stellung und politischen Bedeutung gelehrter Juristen in Bologna und Modena (Köln/Wien 1974) 31, 57 and review by PETER WEIMAR ZRG rom. Abt. 96 (1979) 429-435; BB 259, SANTINI Universita e societa passim.

342 Bandino of Pisa. (____-____XXX). See SARTI-FATTORINI 2.28-29 no. 10 (Innocent III confirms a sentence delivered by Bandino, who was acting as a judge-delegate at S. Giovanni in Monte, in a quarrel between this canonry and S. Stefano, 22 January 1207). Cf. JOHANNES FRIED Juristenstand XXX and JULIUS FICKER FRRI 3.165 at note 12, BöHMER Acta 767, SAVIGNY 4.400.


***
© Steven M. Wight, Los Angeles 1998

Scrineum © Università di Pavia 1999