| Abstract: | The Frankish conquest of the Lombard kingdom in 774 is considered a basic event and even a turning point in the early medieval history of Italy. Lombard institutions are believed to have disappeared in favour of Frankish rules and customs. This article seeks to refute this view by demonstrating that there is a very great deal of continuity between the two periods for one of the most important judicial institutions, the trial. It will be shown that the different phases of court procedure remain nearly unaltered after the acquisition of Northern Italy by the Franks and that even the most striking difference between the Frankish and the Lombard trial, namely the distinction between judges and scabini, was not introduced in this part of the Carolingian Empire before 827. Even after that date the Frankish distinction was only applied in some trials, while the Lombard procedure remained the more common. |
