That he had the power of imposing capital
punishment, and that the other officers of the law could not change
but only execute his orders, appears from the following passage:[68]
"postquam Scabini eum [latronem] adjudicaverint, non est licentia vel
Vicarii ei vitam concedere." Muratori[69] maintains that he also had
the right of holding certain _placita_ of his own, and cites in proof
two _placita_ of Lucca of the years 847 and 856, where we find: "Dum
nos in Dei nomine Ardo, Adelperto et Gherimundo Scabini adsedentes in
lucho Civitate Lucana," etc.; and "dum resedisset Gisulfus Scabinus de
Vico Laceses, per jussionem Bernardi Comiti ... ubi cum ipso aderat
Ausprand et Audibert Scavinis." In the first of these there is no
mention whatever of the count, and in the second "Gisulfus Scabinus"
acts with his associate _scabini_ "per jussionem Comiti." But even if
we allow to the _scabini_ the right of holding _placita_, these must
have been of a lower grade than those of the counts or of the _missi
regii_; for to the _mallum_ of the latter an appeal was allowed from
the judgment of the _scabini_, as we see from the law of
Charlemagne,[70] which says that: "Si quis caussam judicatam repetere
in mallo praesumserit ... a Scabinis, qui caussam ipsam prius
judicaverint, accipiat." Generally speaking, however, it seems
probable that their jurisdiction included all cases arising within the
city limits, which could be dealt with in the regular _placita_ of the
counts, and which were not of sufficient importance to be referred to
the king in person, his representative the Count of the Palace, or his
delegates the _missi regii_.
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