FREE BOOKS

Author's List




PREV.   NEXT  
|<   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77  
>>  
_judex_ or the _missus_ in hearing cases where oppression or injustice was to be feared. But it is important for us to avoid confusing this kind of jurisdiction with that which he enjoyed in the century after he had attained the power and the office of count, and had combined the religious functions of head of the diocese with the secular ones of political ruler of the city. Any judicial authority possessed by the bishop at this earlier period was not in virtue of any political position he himself held, but came to him entirely in what might be called an extraordinary manner, that is, by delegation from the king, for definite specified occasions. As an example of this extraordinary delegated jurisdiction, I will refer to a document in the Archivio of the Canons of Arezzo[79] of the year 833, relating to the judgment of a dispute between "Petrum Episcopum Arretinum et Vigilium Abatem Monasterii Sancti Antemi," situated in the territory of Chiusi, over a privilege ceded to that monastery by Lewis the Pious in 813.[80] The bishop of Arezzo gained a favorable decision from a court constituted of some _judices_, _missi_ of the emperor, and of the bishops of Florence, Volterra and Siena, Agiprandus, Petrus and Anastasius. According to the terms of the document with regard to the composition of this court, the bishops sitting in it were "directi a Hlotario magno Imperatore"; and their powers are several times referred to as being "juxta jussionem et Indiculum Domni Imperatoris." Here, as in all other similar cases, we see plainly that there is no indication of any purely personal jurisdiction. That the influence of the bishop in affairs of state at this period was only of an individual, extra-official character can be seen also from the fact that the king considered the bishops themselves to be under his judicial jurisdiction in all secular matters, just as the lesser clergy came under the jurisdiction of the _judices_:[81] and further, that after the election to a church, the decision of the _judex_ must confirm the choice of the community in order to render it valid.[82] All disputes also between bishops and their clergy, between members of the body of clergy, and between these and members of the laity, were settled by the royal authority;[83] and what is most significant, there was a universal and freely used right of appeal for the clergy or laity from the decision of a bishop to the person of the king, who seems to hav
PREV.   NEXT  
|<   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77  
>>  



Top keywords:

jurisdiction

 
bishop
 

bishops

 

clergy

 

decision

 

judicial

 
authority
 

period

 

document

 

judices


political

 

Arezzo

 

extraordinary

 
members
 
secular
 

Indiculum

 

Imperatoris

 

jussionem

 

indication

 

universal


freely
 

similar

 
plainly
 

sitting

 
directi
 
composition
 

regard

 

Anastasius

 

According

 
Hlotario

purely
 
referred
 
powers
 
Imperatore
 

person

 

appeal

 

lesser

 

disputes

 

matters

 
Petrus

election

 

confirm

 

choice

 
church
 

render

 

affairs

 

significant

 
community
 

influence

 

individual