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Williams, William Klapp

"The Communes of Lombardy from the VI. to the X. Century An Investigation of the Causes Which Led to the Development Of Municipal Unity Among the Lombard Communes."

The land division here indicated is
indifferently called in the Lombard records _territorium, fines,
civitas_, or _judiciaria_. The identity of all these terms admits of
easy proof from all the documents, public and private; and numberless
instances could be cited showing an interchange of terms in describing
the same locality.
I will mention in illustration of this fact the rather neat example of
a document of the year 762, published by Brunetti[13] in his Codice
Diplomatico Toscano, in which three of these terms are used
interchangeably in the space of a few lines. It is a contract by which
a certain Arnifrid, an inhabitant of Clusium--the modern Chiusi--who
"in clusino territorio ... natus fuit," pledges himself to live on a
certain property, and says "nullam conbersationem facias nec in clusio
nec in alia civitate habitandum, nisi.... &c.," and promises to pay
fifty _solidi_ if "pro eo quod ipsa pecunia demittere presumbsero aut
de judiciaria vestra suaninse exire voluero." The contract is "Actum
in civitate suana." We here see the words _territorium_ and _civitas_
both applied to the territory of Chiusi, and the words _judiciaria_
and _civitas_ both applied to the territory of Siena, and we only need
to remember that things which are equal to the same thing are equal to
each other, to recognize the identity of the terms.


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