We must not suppose that justice in those days was dispensed without formalities, and that there were no regular intervals between the various steps to be gone through before final judgment was given, and in consequence of which some guarantee was afforded that the decisions arrived at were carefully considered. No one was tried without having been previously summoned to appear before the tribunal. Under the Carlovingians, as in previous times, the periods when judicial courts were held were regulated by the moon. Preference was given to the day on which it entered the first quarter, or during the full moon; the summonses were returnable by moons or quarter moons--that is, every seventh day. The summons was issued four times, after which, if the accused did not appear, he lost the right of counterplea, or was nonsuited. The Salic law allowed but two summonses before a count, which had to be issued at an interval of forty nights the one from the other. The third, which summoned the accused before the King, was issued fourteen nights later, and if he had not put in an appearance before sunset on the fourteenth day, he was placed _hors de sa parole_, his goods were confiscated, and he forfeited the privilege of any kind of refuge. Among the Visigoths justice was equally absolute from the count to the tithe-gatherer. Each magistrate had his tribunal and his special jurisdiction. These judges called to their assistance assessors or colleagues, either _rachimbourgs_, who were selected from freemen; or provosts, or _échevins_ (_scabini_), whose appointment was of an official and permanent character. The scabins created by Charlemagne were the first elected magistrates. They numbered seven for each bench. They alone prepared the cases and arranged as to the sentence. The count or his delegate alone presided at the tribunal, and pronounced the judgment. Every vassal enjoyed the right of appeal to the sovereign, who, with his court, alone decided the quarrels between ecclesiastics and nobles, and between private individuals who were specially under the royal protection. Criminal business was specially referred to the sovereign, the _missi_, or the Count Palatine. Final appeal lay with the Count Palatine in all cases in which the public peace was endangered, such as in revolts or in armed encounters.