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.
These rural divisions seem sometimes to have been called _sculdascia_,
for we have a diploma of Berengar I., of the year 918, given to the
monastery of Sta. Maria dell' Organo,[51] where is mentioned "pratum
juris imperii nostri pertinens de Comitatu Veronensi, de Sculdascia
videlicet, que Fluvium dicitur"; and in a document published by
Ughelli,[52] in speaking of the bishops of Belluno, "Sculdascia
Belluni" is used. In Frankish times the _centenarius_ held the same
position as the _sculdahis_ of the Lombards: his jurisdiction was
similarly limited to minor offences; all cases involving capital
punishment, loss of liberty, or delivering of _res mancipii_, being
handed over to the count's court according to the legislation of
Charlemagne.[53] The _decani_ and _saltarii_ were subordinates of the
_centenarii_ and _sculdahis_. They both presided over smaller local
divisions than the _sculdascia_, and acted as deputies. In the laws of
Liutprand,[54] speaking of a runaway slave, we are told that "si in
alia judiciaria inventus fue
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