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 45 of 97 (46%)
page 45 of 97 (46%)
|
but one conclusion, if, as is quite essential, he take into
consideration the unmistakable spirit of these writings, and if he give a legitimate interpretation to the various terms employed. To cite in direct proof any individual instance is, perhaps, impossible; but indirect evidence is forthcoming in abundance, and of a character to be, to me at least, entirely conclusive. The conclusion reached is, then, that the king and the dukes were the successors of the old _curia_ in the possession and the administration of all properties and revenues, taxes and fines formerly belonging to the organized corporations of the Roman municipalities, and that the _curtes regiae_ were the channel through which these were collected, divided and expended. The grounds on which this assertion is based are the continual recurrence of examples of functions of a fiscal character being exercised by the head of the _civitas_ and his officers, and by them alone; and it appears to me that it could only be by a complete misunderstanding of the spirit of the early writings, and by a comprehensive misapplication of the terms used in them, that these functions could be referred to any other power. These functions of the administration may be grouped under three main heads, viz: 1. Fines and forfeitures, which, of course, played a very prominent part under the Teutonic system of composition for offenses of a criminal nature; 2. Taxes and privileges, by which is meant feudal rights, dues, etc.; and 3. Buildings and lands belonging to the crown or to the head of the _civitas_ as a public officer. Of the fines and forfeitures paid into the _publicum_, we find that a part went to the royal treasury and a part to the _judex_, and in some cases to the informer or the prosecuting officer; and at different |
|