ring the
year was limited by law to three,[64] and the dates for these
definitely determined. But the abuse does not seem to have been
satisfactorily corrected till the time when Charlemagne formally
substituted for the body of the freemen, who in theory were supposed
to attend the _placita_ and assist in the judgments, a limited number
of men who, as regularly constituted judges, either assisted the
_judices_ or made judgments of their own, as the case might be. These
officers were the _scabini_, whose position we are now investigating.

All of the best authorities agree that no authentic allusion to the
office in Italy is to be found prior to the establishment of Frankish
rule. The word _scavinus_ or _scabinus_ sometimes occurs, but in every
case the document containing it has been proved spurious on other
grounds. For instance, Brunetti[65] publishes a donation of the bishop
Speciosus of Florence, to the monastery of the cathedral, purporting
to belong to the year 724, in which a certain "Alfuso scavino" is
mentioned; but it has been proved that the monastery was only founded
in the year 760, and though it may, at a later date, have received the
donation, the significancy of the use of the term vanishes. The first
authenticated use of the name of the new judge seems to be in a
_placitum_ of Charlemagne of the year 781.[66] In this the parties to
a suit are mentioned as having already appeared before the "Comitem et
suos Escapinios." Eight years later, in a _Praeceptum_ of
Charlemagne,[67] commission is given to the _comes_ Tentmann "superque
vicarios et Scabinos, quos sub se habet, diligenter inquirat."

Now that we have indicated the origin and noted the first appearance
of the new officer, let us examine his position and his duties. I am
much more willing to allow to the _scabinus_ the title of "city
officer," than to the _dux_ or even the count. We have seen the latter
as one of the important connecting links joining the city to the
state, bringing the city into relationship with the constitution of
the kingdom and making it a part of it; but we have been unwilling to
call the count or _dux_ the _legal_ head of the city, as such, that is
to allow him the title of the first city officer. But with the
_scabinus_ the case is different. His mode of appointment, and the
character of the functions he performed, ally him with the city proper
and with city people. His duties and his interests were more confined
to the c