An attempt of another nature was commenced in Italy and the south of Gaul at the same period. The Roman society had not perished there so completely as in other quarters; in the cities there remained a somewhat greater degree of order and energy. Civilisation attempted to rear itself there again. {67} For example, we find the municipal system recover breath, as it were, and exercise some influence upon the general course of events, in the kingdom of the Ostrogoths in Italy, under Theodoric, although both king and nation were barbarian. The Roman society had humanised the Goths, and to a certain extent assimilated them with itself. The same fact is perceptible in the south of Gaul. At the commencement of the sixth century, a Visigoth king of Toulouse, Alaric, caused the Roman laws to be collected, and published a code for his Roman subjects, under the name of the _Brevarium Aniani_. It was the church which endeavoured to give a new beginning to civilisation in Spain. Instead of the old German assemblies of warriors (the _malla_), the council of Toledo held sway in Spain, and although influential laymen attended the council, the bishops governed it. In the laws of the Visigoths there is not a barbaric enactment; the compilation is evidently the work of the philosophers of the era, the clergy. They abound in general ideas and in theories which are completely foreign to barbarian manners. Thus it is known that the legislation of the barbarians was a personal legislation; that is to say, the same law applied only to men of the same race. The Roman law governed the Romans, the Franco law governed the Franks; each people had its own law, although they were united under the same government, and inhabited the same territory. This is the system which is called personal legislation, in opposition to the system of real legislation, founded upon territorial distinctions. Now the legislation of the Visigoths was not personal, but territorial. All the inhabitants of Spain, whether Romans or Visigoths, were subject to the same law. But there are still more evident traces of philosophy to be found. Amongst the barbarians, men were valued at a fixed rate, according to their situations; the barbarian, the Roman, the freeman, the vassal, &c. were not estimated at the same sum; their lives were made matter of tariff. The principle of men being of equal value in the eyes of the law, was established in the code of the Visigoths. With regard to the system of procedure, we find the oath of _compurgatores_ and the judicial combat displaced for the proof by witnesses, and such a rational examination into facts as might be adopted in any civilised society. In a word, the whole Visigoth code bears a wise, systematic, and social character. We perceive in it the labours of that same clergy which held command in the councils of Toledo, and operated so powerfully on the government of the country.