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 passing to a brief characterization of a few of the subordinate
officers, I must not omit to mention the fact that the gastald had
also certain military functions attached to his office. When called
upon by the king he took command in the army, together with the minor
officers who were under him in his jurisdiction, such as the
_sculdahis, saltarius_,[44] etc. We have confirmation of this in the
constitution "promotionis exercitus" of Lewis II.,[45] which says "ut
nullum ab expeditione aut Comes aut Gastald, vel Ministri eorum
excusatum habeant"; and in the life of Gregory II., Anastasius
Bibliotecharius[46] tells that at the overthrow of the _castrum_ of
Cumae with the help of that pope, "Langobardos pene trecentos cum
eorum Gastaldione interfecerunt." In military affairs the command held
by the gastald seems to have been lower than that of the _dux_, the
leader of all the troops furnished by the _civitas_. A right of appeal
to the _dux_ existed for the _exercitalis_ who was oppressed by the
gastald, as shown by the twenty-fourth law of Rhotaris,[47] which
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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