grade of officers, the Lombard duke and the Frankish count, but also
in its relation with the lower officials who severally enjoyed more or
less of the powers attached to its possession, namely, the gastald,
the sculdahis, the scabino, and even the rural counts and the bishop.
And in tracing its development we must note the influence it bore on
the growth of the municipal idea, and also its connection with the
political jurisdiction, commonly combined with it in the person of a
single official.

In considering the institutions of a comparatively crude state of
society, such as existed in Europe in the early middle ages, it is
misleading if not impossible to differentiate to any great extent the
various functions and kinds of power which were commonly centered in
the same individual. Consequently the only safe way to give a clear
idea of the position and the powers of the _judex_, is to give a
description of the various offices to which judicial authority was
attached, in degrees more or less complete, corresponding to the
social and political importance of the person exercising this
authority.

In the Lombard system, at the head of each _civitas_, as lord and as
judge, was the _dux_, or duke. His title and his office being but the
relic of his original high position of leadership in the army of the
invasion, when his command was only subject to that of the king, the
leader-in-chief of the army-nation and head of the military
constitution, he held directly from the king, attended the royal
_placita_ as the king's vassal, and held _placita_ of his own within
his own jurisdiction, and over which he presided in person. Beyond the
duties of his own particular jurisdiction his chief office was to
assist the king by his presence and his counsel, when the king gave