_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
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