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 70 of 97 (72%)
page 70 of 97 (72%)
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Monasterii Sancti Antemi," situated in the territory of Chiusi, over a
privilege ceded to that monastery by Lewis the Pious in 813.[80] The bishop of Arezzo gained a favorable decision from a court constituted of some _judices_, _missi_ of the emperor, and of the bishops of Florence, Volterra and Siena, Agiprandus, Petrus and Anastasius. According to the terms of the document with regard to the composition of this court, the bishops sitting in it were "directi a Hlotario magno Imperatore"; and their powers are several times referred to as being "juxta jussionem et Indiculum Domni Imperatoris." Here, as in all other similar cases, we see plainly that there is no indication of any purely personal jurisdiction. That the influence of the bishop in affairs of state at this period was only of an individual, extra-official character can be seen also from the fact that the king considered the bishops themselves to be under his judicial jurisdiction in all secular matters, just as the lesser clergy came under the jurisdiction of the _judices_:[81] and further, that after the election to a church, the decision of the _judex_ must confirm the choice of the community in order to render it valid.[82] All disputes also between bishops and their clergy, between members of the body of clergy, and between these and members of the laity, were settled by the royal authority;[83] and what is most significant, there was a universal and freely used right of appeal for the clergy or laity from the decision of a bishop to the person of the king, who seems to have exhibited no hesitation in modifying or reversing sentences, even in matters relating to purely clerical discipline.[84] Even in the time of the Franks, when the consideration shown to the church and its representatives was much greater than under any of the |
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