The Communes of Lombardy from the VI. to the X. Century - An Investigation of the Causes Which Led to the Development - Of Municipal Unity Among the Lombard Communes. by William Klapp Williams
page 32 of 97 (32%)
page 32 of 97 (32%)
|
certain property, and says "nullam conbersationem facias nec in clusio
nec in alia civitate habitandum, nisi.... &c.," and promises to pay fifty _solidi_ if "pro eo quod ipsa pecunia demittere presumbsero aut de judiciaria vestra suaninse exire voluero." The contract is "Actum in civitate suana." We here see the words _territorium_ and _civitas_ both applied to the territory of Chiusi, and the words _judiciaria_ and _civitas_ both applied to the territory of Siena, and we only need to remember that things which are equal to the same thing are equal to each other, to recognize the identity of the terms. If we look at document number eight in the same collection,[14] we will further see the territory of Chiusi referred to as "fines clusinas." Hand-in-hand with the growth of episcopal organization we see another term coming into use in connection with the same land division, and this also is an administrative one, but of the church simply, and only made use of by conversion or carelessly when applied to a civil area. I mean the _districtus_, which term is properly applicable only to the jurisdiction of a bishop, and designates the limits of his episcopal power, that is, his diocese. The reasons for this term being used in later times occasionally for the civil division, the _civitas_, are twofold. They result, firstly, from the confusion which arose between matters of civil and ecclesiastical jurisdiction, when political power was given to a large number of the bishops, and when they united to their religious duties as pastor, the judicial and sometimes even some of the military duties of _comes_ and _judex_. And secondly, in the important fact that in almost all cases the boundaries of a bishop's diocese coincided more or less exactly with the limits of the authority of the state officers; so that the division which should be called a _civitas_ or _territorium_ from the point of view of civil government, should be called a _districtus_ from that of |
|