Cambridge Ancient Hi.. - Index of

234 8. administration and politics in the cities
of their ward’s property in the defensor’s presence. 207 The defensor is to assure
punishment of robbers irrespective of who the robbers’ patrons are, 208 and
he is allowed to order a whipping – but not of the innocent. 209 The enhanced
position of the defensor in Visigothic Gaul resembles that of the same office
as defined by Justinian in seemingly quite different circumstances in the
east. 210
The administration of cities in Ostrogothic Italy seems to have resembled
that in Visigothic Gaul and Spain. The defensor was the local head of
the city, whose inhabitants were his clients. 211 Theoderic was delighted
when the defensor and the curiales of Catania in Sicily took the initiative of
asking permission to restore the city walls using material from the ruined
amphitheatre. 212 It was the defensor and curiales that Theoderic addressed
when he made demands on cities. 213 The defensor was particularly responsible
for fixing prices. 214 Besides the defensor, most – perhaps all – cities had
a comes civitatis, appointed by the Ostrogothic king for supervision, and
above all to exercise jurisdiction. 215
We are once more allowed a relatively detailed view of cities in the west
in the last quarter of the sixth century, when we have the Letters of Gregory
the Great for Italy, the contemporary History of Gregory of Tours for Gaul,
and the Visigothic Code for Spain, together with a varied assortment of
supporting sources. It is clear that there has been a significant reduction in
the classical institutions. Lay power in cities seems to be wielded by the royal
representative, the comes and notables (cives) and their leaders (maiores or seniores)
and of course the bishop, who will normally have been the most powerful
and influential individual in the town. Bishops are recorded to have
acted as judges, to have rebuilt walls, to have pleaded with the representatives
of the king on the city’s behalf for remission of taxation and to have
negotiated with threatening commanders in war, civil or otherwise. Bishops
provided poor relief for individuals on the church’s register (matricula). 216
They built hospitals and ransomed prisoners. They received donations on
behalf of the church and could afford to build churches and found monasteries,
even in disturbed times. 217 As far as the cities were concerned, the
competition for authority between royal count and bishop seems to have
been won by the bishop. It must, however, be remembered that our principal
sources are Gregory’s History and the Lives of saints, which almost certainly
exaggerate the importance of bishops relative to that of lay magnates.
Curiae and decurions and even the defensor seem to have ceased to play
any part in the decision-making and administration of the city. They did,
207 Conrat (1903) 730: C.Th. iii.17.3. 208 Conrat (1903) 731: C.Th. i.10.3.
209 Conrat (1903) 732: C.Th. ii.1.10–12. 210 Nov. 15 (534). 211 Cass. Var. vii.11.
212 Var. iii.49. 213 Var. iv.45, transport; v.14, tax collecting; iii.9, building material.
214 Var. vii.11. 215 Var. vi.23, 26. 216 Rouche (1974).
217 Wood, Merovingian Kingdoms 71–87; James (1988) 183–4; Pietri (1983).
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