In:
Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung, Walter de Gruyter GmbH, Vol. 138, No. 1 ( 2021-06-25), p. 1-28
Kurzfassung:
The institution of the scabini , men from the pagus who served as legal fact finders in comital courts, was established by Charlemagne in the later eighth century and has received considerable attention from scholars for well over a century. Much of the early debate about the scabini focused on the origins of the institution, and whether Charlemagne was successful in replacing the previous ad hoc administration of justice with more formal procedures that followed more closely on the dictates of the royal court. A second important element in the historiography has focused on the fate of the institution of the scabini following the end of Charlemagne’s reign, and particularly after the division of the unitary empire following the death of Louis the Pious in 840. Many scholars, following the lead of F.L. Ganshof, have argued that the institution of the scabini , and governmental courts more generally, ceased to function at some point in the later ninth century, to be replaced by so-called feudal courts. The following study challenges this latter model by examining the institution of the scabini under the later Carolingians and their Ottonian successors in the region of Lotharingia, which gained a long-standing political coherence following the brief reign of King Lothair II (854–869). This region was the scene of intense political and military conflict throughout much of the period from the later ninth through the early eleventh century. Nevertheless, numerous private and royal charters of the Carolingians and Ottonians, as well as ostensibly prescriptive texts included in royal capitularies, point to the continuity of the institution of the scabini during the entirety of the Ottonian period from ca . 919–1024.
Materialart:
Online-Ressource
ISSN:
2304-4861
,
0323-4045
DOI:
10.1515/zrgg-2021-0001
Sprache:
Englisch
Verlag:
Walter de Gruyter GmbH
Publikationsdatum:
2021
ZDB Id:
2500872-9
ZDB Id:
2727342-8
ZDB Id:
200174-3
ZDB Id:
2085091-8
SSG:
1
SSG:
2
