These functions of the
administration may be grouped under three main heads, viz: 1. Fines
and forfeitures, which, of course, played a very prominent part under
the Teutonic system of composition for offenses of a criminal nature;
2. Taxes and privileges, by which is meant feudal rights, dues, etc.;
and 3. Buildings and lands belonging to the crown or to the head of
the _civitas_ as a public officer.
Of the fines and forfeitures paid into the _publicum_, we find that a
part went to the royal treasury and a part to the _judex_, and in some
cases to the informer or the prosecuting officer; and at different
times we find these proportionate amounts definitely defined--as, for
instance, in the time of Charlemagne two parts went to the king and
one part to the count who acted as _judex_;[36] this we know from two
of the Lombard laws of that emperor.[37] In one of these,[38] speaking
of those who evaded military service, he says: "Heribannum comes
exactare non praesumat: nisi Missus noster prius Heribannum ad partem
nostram recipiat, et ei," the Count, "suam tertiam partem exinde per
jussionem nostram donet."[39] We even find evidence of quite a large
amount of liberty used by the _duces_ in the ultimate disposal of
property coming under their jurisdiction by forfeiture, the more
powerful making use of it precisely as if it were private property.
Pages:
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69