" 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 city than those of any of the other judges, and when he
accompanies the count to the general _placita_ of the king, he seems
to go in the capacity of a representative of the city, and more in the
character of a city magistrate than any officer we have yet
considered. His duties were almost entirely of a judicial character,
and his powers seem to have been as broad in their extent as those of
the other judges.
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