History of the Moorish Empire in Europe, Vol. 1 (of 3)Scott, S. P. (Samuel Parsons)
Islamic
History of the Moorish Empire in Europe, Vol. 1 (of 3)
Scott, S. P. (Samuel Parsons)
Arabs -- Europe -- History; Islamic civilization; Muslims -- Spain -- History; Spain -- History -- 711-1516
checked by some monarch of stern and decided character, in the end
invariably obtained the advantage. The dependence of the sovereign
upon the priesthood was never lost sight of. No occasion which might
remind him of the obligation he owed to the order whose suffrages
had conferred, and might, with equal facility, resume possession of
his crown, was suffered to pass unimproved. The anointing with holy
oil, which symbolized the right of divine consecration, had already
forged another link in the chain which bound the king to the Church.
The anathemas denounced upon a prince for failure to execute the
laws against heretics, far exceeded in virulence those to which any
subject was liable. At one time, the wishes of the sovereign were
anticipated by the subserviency of the prelates; at another, his
prerogative was invaded and his commands disobeyed with an arrogance
worthy of the imperious spirit of Julius II. or of Gregory the Great.
The populace, through ignorance, prejudice, and habit, blindly devoted
to the sacerdotal order, furnished a formidable body of auxiliaries,
ever ready to hearken to the appeals of their ghostly advisers, a
force which the dignity and assurance of the haughtiest ruler could
not with impunity disregard. The turbulent and illiterate nobility,
although the king was selected from their number by the voices of the
assembled bishops--in which ceremony the concurrence of the palatines
was admitted, in reality, only through courtesy--possessed, in the
practical application of the precepts of the Gothic constitution,
scarcely the shadow, still less the substance, of power. The council
was the embodiment and representative of the intellect and the
collective wisdom of the nation. Its canons were, for the most part,
framed in strict accordance with the principles of equity, and the
deliberations and conclusions of its sessions were often characterized
by a breadth of understanding and a degree of impartiality which
clearly indicated that its members were not deficient in the knowledge
and requirements of enlightened statesmanship. The results of their
labors are contained in the Gothic Code, a body of laws remarkable in
many respects, when we consider the general illiteracy and ignorance
of the age in which it was compiled, and its transcendent importance
as the prototype of the systems of jurisprudence which now regulate
the civil and criminal procedure of the courts of Europe and America.
In the extraordinary minuteness of its details, in its thorough and
comprehensive treatment of the manifold transactions of daily life,
and in its provisions for almost every contingency which could arise
in the administration of the sovereigns under whose auspices it was
framed, this extraordinary work presents the modern legislator with
a subject eminently worthy of his attention and study. The contact
with races which had long enjoyed the blessings of civilization, and
the development of the intellectual faculties consequent upon the
Public-domain text, read in full here on John Shaqi.
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