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Full text of "Political Science Of The State"

364                              POLITICAL SCIENCE.
count This change was connected with a change of name ;
they were now called scdbinei or scabini (from the root scafan>
to draw out, to ordain}, a word which, in various forms, and
sometimes with a loss of its original sense, appears in various
languages, and shows the spread of the institution.*
In many of the towns, especially in Germany, the Dutch
provinces and Flanders, the scabini formed an upper class of
inhabitants, from whom the town councils and the principal
boards of judges were selected. At the time when the Sach-
senspiegel was composed, the word scJwffenbar, i. e., capable
of becoming a schofife, denoted a hereditary rank, the fifth in
order and the next after the freie herren. At Ghent there
were thirteen of these schoffen in the court of judges, thirteen
in the council, and thirteen who had no official place. At
Bruges there were thirteen lifelong ones, and the same num-
ber of councillors, that is, twelve of each, with a burgomaster
of their number.
These town-officers or judges were often wealthy citizens
j
who knew little of law, so that they needed advisers, the more
if their office continued but a single year. Their advisers
were called pensionaries from the pay given to them, and
after the Roman law. began to spread, were usually doctors
or licentiates of law, who did not change with the change of
the schoffen, but had a more permanent appointment. The
same practice prevailed at the meetings of the estates of a
province. Thus in Holland the grand pensionary was 'the
paid officer or attorney of the estates, and in a town the pen-
sionary was the attorney of the town judges or town council.
Olden-Barnevelt was at first pensionary of Rotterdam (which
office Grotius filled afterwards), and then grand pensionary;
as such he would be present at the meetings of the estates
* Comp. Grimm, D. Rechtsalterth., p. 775, ed. i ; Dietz, Etymol.
Wort, sub voce in part first. In the Germanic dialects it is: scepen, old
Saxon; sceffeno, old high Germ.; schoffe, schoppe, Germ.; schoepe,
Dutch; schepe, Flem.; and in the Romanic: scabino, schiavino, It&L;
esclavin, Span.; Schevin, J?r. For the institution of Charlemagne
relating to scabini J have referred to Sohm, Frank. Reichs-u-Gerichts^
verfass.,  18, in another place.