.. vel aliis
pluribus astantibus," etc. It is of more importance for us, however,
to determine the reasons for the introduction into Italy by
Charlemagne of the new office of the _scabinus_, than to lose
ourselves in a complicated discussion of the theoretical predecessors
of these officers.
The introduction of this new feature into city government seems to
have been the result of an attempt to correct certain abuses in the
exercise of power by the duke or head of the courts of the _civitas_.
The duke had the right, as we know, to summon all the freemen in his
jurisdiction to his _placita_, and to fine them according to the law
if they failed to answer his summons. The fines collected in this
manner formed a substantial part of the revenues of the _judex_
imposing them, and consequently arose the abuse, which seems to have
been a great cause of complaint in the eighth century, that the
freemen were summoned to attend _placita_ at frequent intervals during
the year, when there was no business of any importance to transact,
and when the sole object of the summons was to furnish an excuse for
imposing the fine. An attempt to remedy this injustice was made when
the number of _placita_ which any one _judex_ could hold during the
year was limited by law to three,[64] and the dates for these
definitely determined.
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