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COMMENTARY TO THE GERMANIC LAWS AND MEDIAEVAL DOCUMENTS SOCIO FISCO
In the Theodosian Code there is mention of certain fines which are
to be paid to the fiscus, and the formulae in which these fines
occur run in stereotyped forms through the documents of the Middle
Ages. The expression Sinceritas tua reiectum quinque libras auri
fisco utilitatibus cogat inferre, 1 to which the Interpretatio says
quinque libras fisco inferre cogatur, 2 has given rise to the
formula cogente fisco. 3 Since it was a mere phrase without any
very distinct meaning, it has been strengthened by the redundant
coactus, and for cogente fisco another equivalent phrase could be
put, such as distringente,6 indiscutienti,6 egenti,7 posito 8
fisco, which was still further expanded or corrupted into cum
fisco, g una cumfisco,1 servanti una cum fisco,2 una cum cogente
fisco.3 Apparently the vague idea connected with such a formula was
this: that one was to pay by compulsion of the fiscus, or, since
the stipulatio duplae was divided up with the fiscus, that both the
person in question and the fiscus were to be paid, as is frequently
mentioned more specifically,4 wher- fore also the combination inter
tibi et fisco is met with.5 1 i. 9.1. Similarly 1.11.1, vi. 28. 4,
vi. 30.10, nc. 17. 4, Is. 21. 4, xiv. 3. 20. 2 Ibid., and n. 23. 1
The ablative absolute is already to be found in Cod. Theod. in. 1:
fisco vindicante. 4 Deinde cogente fisco auri libras 15. argenti
pondera 30. coactus exsolvat (858), Ducange, sub fiscus. 6 Qui hoc
agere temptaverit, inferat cum distringente fisco argenti pondera
v, aurique libram unam coactus exsolvat (813), Devic and Vaissete,
His- toire de Languedoc, vol. n, Preuves, col. 79. 6 Indiscutieni
fisco multa conponat (764), Urkundenbuch der Abtei Sanct Goll...
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