The Life of Charlemagne (Charles the Great)Hodgkin, Thomas
History
The Life of Charlemagne (Charles the Great)
Hodgkin, Thomas
Charlemagne, Emperor, 742-814
The institution of _missi dominici_ served its purpose for a time,
but proved to be only a temporary expedient. There was an increasing
difficulty in finding suitable men for this delicate charge, which
required in those who had to execute it both strength and sympathy,
an independent position, and willingness to listen to the cry of the
humble. Even already in the lifetime of Charles there was a visible
danger that the _missus_ might become another oppressor as burdensome
to the common people as any of the counts whom he was appointed to
superintend. And after all, the _missus_ could only transmit to the
distant regions of the empire as much power as he received from its
centre. Under the feeble Louis the Pious, his wrangling sons and
his inept grandsons, the institution grew ever weaker and weaker.
Admirable instructions for the guidance of the _missi_ were drawn up at
headquarters, but there was no power to enforce them. With the collapse
of the Carolingian dynasty towards the close of the ninth century the
_missi dominici_ disappear from view.
4. Another institution was perhaps due to Charles’s own personal
initiative; at any rate it was introduced at the outset of his reign,
and soon spread widely through his dominions. It was that of the
_scabini_, whose functions recall to us sometimes those of our justices
of the peace, sometimes those of our grand-jurors, and sometimes those
of our ordinary jurors. Chosen for life, out of the free, but not
probably out of the powerful classes, men of respectable character and
unstained by crime, they had, besides other functions, pre-eminently
that of acting as assessors to the _comes_ or to the _centenarius_ in
his court of justice. Seven was the regular number that should be
present at a trial, though sometimes fewer were allowed to decide.
As in all the earlier stages of the development of the jury system,
they were at least as much witnesses as judges--their own knowledge
or common report forming the chief ground of their decision. It is
not clear whether their verdict was necessarily unanimous, but it
seems certain that the decision was considered to be theirs, and not
that of the presiding functionary, whether _comes_, _vicarius_, or
_centenarius_. It was, moreover, final; for, as one of the Capitularies
distinctly says, “After the _scabini_ have condemned a man as a robber,
it is not lawful for either the _comes_ or the _vicarius_ to grant him
life.”
Public-domain text, read in full here on John Shaqi.
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