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
In the Lombard system, at the head of each _civitas_, as lord and as
judge, was the _dux_, or duke. His title and his office being but the
relic of his original high position of leadership in the army of the
invasion, when his command was only subject to that of the king, the
leader-in-chief of the army-nation and head of the military
constitution, he held directly from the king, attended the royal
_placita_ as the king's vassal, and held _placita_ of his own within
his own jurisdiction, and over which he presided in person. Beyond the
duties of his own particular jurisdiction his chief office was to
assist the king by his presence and his counsel, when the king gave
his judgments at the annual assembly in March, at the capital Ticinum.
The importance of this concurrence of the _judices_ in all the king's
decrees and official acts is illustrated by the fact that cases are
rare in which this concurrence remains unmentioned. The usual practice
is to introduce in the prologue which is commonly attached to the laws
given out during each year of the king's reign, after the mention of
the date "Kalendiis Martiarum," some such expression as "cum nostris
Judicibus";[17] or "ad nos conjungerentur Judices";[18] or "per
suggestionem Judicum";[19] to which is sometimes added the formula
"omniumque consensum,"[19] or "cum reliquis nostris Langobardis
fidelis." That legislation was not considered valid until such consent
and advice was obtained, we can see from the prologue to the laws
issued in the thirteenth year of the reign of Liutprand, in which he
refers to certain important "causae" which had come under his
jurisdiction, and for which additional legislation was necessary, the
laws already existing failing to reach them. To meet the exigency new
laws are enacted, but the king especially states that the cases must
remain in abeyance until the new laws are confirmed by the _judices_
at the next assembly in March. In speaking of these "causae" in the
above-mentioned prologue to the laws, he says: "Proinde providimus eas
usque ad suprascriptum diem Kalendii Martiarum suspendere dum usque
nostri ad nos conjungerentur judices," etc.[20] This attendance at the
royal _placita_ represents the most important of the legislative
duties of the _judex_ outside of his own jurisdiction.
Public-domain text, read in full here on John Shaqi.
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