that gradually resuscitated on the ruins of former Roman
cities in the Rhine and Danube countries, and those that were newly
founded at a later date in the interior.[1] Foremost in importance among
the former stand the episcopal cities. Most of these had never been
entirely destroyed during the Germanic invasion. Roman civic
institutions perished; but probably parts of the population survived,
and small Christian congregations with their bishops in most cases seem
to have weathered all storms. Much of the city walls presumably remained
standing, and within them German communities soon settled.
In the 10th century it became the policy of the German emperors to hand
over to the bishops full jurisdictional and administrative powers within
their cities. The bishop henceforward directly or indirectly appointed
all officers for the town's government. The chief of these was usually
the _advocatus_ or _Vogt_, some neighbouring noble who served as the
proctor of the church in all secular affairs. It was his business to
preside three times a year over the chief law-court, the so-called
_echte_ or _ungebotene Ding_, under the cognizance of which fell all
cases relating to real property, personal freedom, bloodshed and
robbery. For the rest of the legal business and as president of the
ordinary court he appointed a _Schultheiss_, _centenarius_ or
_causidicus_. Other officers were the _Burggraf_[2] or _praefectus_ for
military matters, including the preservation of the town's defences,
walls, moat, bridges and streets, to whom also appertained some
jurisdiction over the craft-gilds in matters relating to their crafts;
further the customs-officer or _teleonarius_ and the mint-master or
_monetae magister_. It was not, however, the fact of their being placed
under the bishop that constituted these towns as separate jurisdictional
units. The chief feature rather is the existence within their walls of a
special law, distinct in important points from that of the country at
large. The towns enjoyed a special peace, as it was called, i.e.
breaches of the peace were more severely punished if committed in a town
than elsewhere. Besides, the inhabitants might be sued before the town
court only, and to fugitives from the country who had taken refuge in
the town belonged a similar privilege. This special legal status
probably arose from the towns being considered in the first place as the
king's fortresses[3] or burgs (see BOROUGH), and, therefo
|