Continuity of Carolingian Judicial Institutions in Ottonian Lotharingia
David S. Bachrach
Abstract The institution of the scabini , men from pagus who served as legal fact finders in comital courts, was established by Charlemagne later eighth century and has received considerable attention scholars for well over a century. Much early debate about focused on origins institution, whether successful replacing previous ad hoc administration justice with more formal procedures that followed closely dictates royal court. A second important element historiography fate following end Charlemagne’s reign, particularly after division unitary empire death Louis Pious 840. Many scholars, lead F.L. Ganshof, have argued governmental courts generally, ceased to function at some point ninth century, be replaced so-called feudal courts. study challenges this latter model examining under Carolingians their Ottonian successors region Lotharingia, which gained long-standing political coherence brief reign King Lothair II (854–869). This scene intense military conflict throughout much period through eleventh Nevertheless, numerous private charters Ottonians, ostensibly prescriptive texts included capitularies, continuity during entirety ca . 919–1024.
Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Germanistische Abteilung