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 54 of 97 (55%)
page 54 of 97 (55%)
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says: "Si Gastaldius exercitalem suum contra rationem molestaverit,
_Dux_ eum soletur." In a case of oppression by the _dux_, the gastald, on the other hand, could bring the matter before the king. Before considering the changes introduced by the Carlovingian rule, let us cast a hasty glance at a few of the minor officers who acted as subordinates of the _judex_ in administering the affairs of the _civitas_. As their relations to the urban portion of the Lombard kingdom, which is the special object of our study, were either slight in themselves or else so closely connected with those of their superiors as not to merit any particular description, I will merely mention the names of a few of them and indicate their duties. The officer who came next in rank to the _judex_, and who, in a subordinate capacity, assisted him especially in administering the judicial affairs of the _civitas_, was in Lombard times called the _sculdahis_, and in Carlovingian times the _centenarius_. Under him were the _saltarius_ and the _decanus_. The _sculdahis_ acted as a local officer under the _judex_, having limited judicial, police and military powers. His jurisdiction was confined to the small fortified towns and villages of the _civitas_, where he administered justice and collected fines, forfeitures, etc., in much the same manner as did the _judex_ in the largest town of the _civitas_; his judgments, however, were not final, but always subject to appeal to a higher authority: "Si vero talis causa fuerit, quod ipse Sculdahis minime deliberare possit, dirigat ambas partes ad judicem suum."[48] There were several _sculdahis_ in one _judiciaria_, and cases were often tried before more than one,[49] though each of the smaller local units seems to have had such an officer. Paulus Diaconus[50] speaks of "elector loci illius, quem sculdahis lingua propria dicunt, vir nobilis," etc. |
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