sdiction, 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.

Of other duties which caused him to leave the seat of his authority,
the only ones we need here consider are his military duties; and with
regard to these it will be sufficient to point out that the _judex_
was the leader in war of the vassals and lesser lords, and indeed of
all the inhabitants of the _judiciaria_ who were entitled or
compelled, by the forms of their tenure, to bear arms. Ample proof of
this is to be found throughout the law codes, but we need not pause to
cite such confirmation, if we remember the natural evolution of the
office of _dux_ from his position in the original Lombard military
system. As a good example of this military leadership we may refer to
the provisions of the twenty-ninth law in the sixth book of the laws
of Liutprand.[21]

What is of the greatest importance to us, however, in bringing out the
relations of the cities to the rest of the community in Lombard and
Frankish times, is the position of the _judex_ as duke and as count
within his own _judiciaria_, that is, within the _civitas_ of which he
was both lord and judge. It was through him, or perhaps I should say
chiefly through him, that the city was at this period connected with
the state; and it was principally by the exercise of the functions of
his office that the city formed a part of the state. His official
residence, in the majority of cases, and his courts, were situated
within the city's limits; thus making the official machinery of
government a part of the city life, and causing the city to become an
actual if not a legally recognized part of the constitution of the
state. As far as this investigation is concerned, this represents the
prominent feature of the power and position of the head of the
_civitas_. We must be careful, however, to avoid any confusion of