Medieval Europe by H. W. C. (Henry William Carless) Davis
page 39 of 163 (23%)
page 39 of 163 (23%)
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In local administration the king relies, outside the tribal duchies, on
counts whose districts are subdivisions of the old national provinces. The count, often a hereditary official, is a royal deputy for all purposes, military and civil. He collects the royal dues, leads the free men to the host, maintains the peace and administers justice. His tribunal is the old Germanic hundred-court, in which the free suitors ought to be the judges; but the suitors for this purpose are represented by a few doomsmen (_scabini_) chosen for their respectability and knowledge of the law. They are an ineffectual check upon the count, and it is a standing difficulty to find ways and means of compelling these local viceroys to act with common honesty. For this purpose the king annually appoints itinerant inspectors (_missi dominici_); in twos and threes they are dispatched on circuit to acquaint the count with royal instructions, to promulgate new legislation, and above all to receive and adjudicate upon the complaints of all who are oppressed. A comparatively late expedient, and the first part of the Carolingian system to disappear, these tours of inspection were the one safeguard against local misgovernment and the feudalising of official power. When they ceased, the Carolingian county too often became a hereditary fief exploited for the lord's sole benefit. The Empire was not intended to supersede this system of royal government; kings no less than emperors were regarded as holding a definite rank and office in the Christian commonwealth. No traditions of imperial bureaucracy, except in a debased and orientalised form, were accessible to Charles the Great. In Gaul and Italy he had subjects who lived under a corrupt and mutilated Roman Law; but he was unacquainted with the scientific principles of the great jurists whose writings were the highest achievements of the Roman genius. To the best minds of the eighth century the Roman Empire appeared, not as to an Athaulf or a |
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