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.Williams, William Klapp
History
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.
Williams, William Klapp
Local government -- Italy -- Lombardy; Lombardy (Italy) -- History
When the Lombards of the conquest, in their hatred of everything which
savored of the old Roman civilization, overthrew all the established
offices of city government to replace them with others of barbarian
name and origin, or to leave them unfilled altogether, among the
time-honored officers of the Roman rule was one whose powers were
everywhere recognized, even if at present it is a little difficult to
define with precision his duties. I refer to the _defensor urbis_.
This office came into prominence when Roman despotism found that it
was overreaching itself by grinding down the defenseless _curiae_
below the margin of productiveness. The duties of the _defensor_ were,
as his name implies, to protect the powerless inhabitants of the
cities against the exactions of the imperial ministers. He enjoyed
many important privileges of jurisdiction, and these were materially
increased by the legislation of Justinian; and soon the _defensor_
became an important officer of the municipality.[8] What particularly
concerns us is that he was the only municipal officer who was elected
not by the votes of the _curia_ alone, but by those of the whole
people forming the _municipium_, including the bishop and his clergy.
Now in the period just preceding the invasion of the barbarians, the
clergy alone possessed any energy and influence; so into their hands
fell the control of this new institution, and consequently all that
remained of life in the municipal system.
As in city matters these conditions remained unaltered after the
coming of the Lombards, what was more natural than that the bishops
should retain their moral position of defenders of the people, even if
we admit that the form of the office fell with the old administration?
To these considerations we may add two important facts: that the
office of bishop was for a long time the only one in the election to
which the people--and by this term I mean the people as a whole, not
the _populus_ of the old laws and charters--had any voice whatever;
and that the bishop, from his spiritual position as pastor of the
flock, and from his civil position as having great legal influence in
the town and being probably the only man of superior intellect
interested in the internal affairs of the community, was the proper
and most effectual mediator between the people and their temporal
rulers. Hence arose that important influence of the bishops which was
to have so perceptible an effect on the subsequent development of the
principles of liberty in the communes.
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