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
experience obtained in frequent expeditions and protracted campaigns,
imperceptibly modified the ancient laws of the Goths; the very essence
of which was, from the first, and long continued to be, the assertion
of the principle of personal liberty. Rome, whose toleration of the
religious prejudices and customs of the nations subjected to her
dominion--so long as they did not conflict with her interests or
contravene her authority--was one great secret of her power, had, in
accordance with that policy, indulged the Iberians in the use of their
own laws, and only those who enjoyed the privileges of citizenship
could be summoned before the tribunal of the imperial magistrate.
The incursions of the barbarians had abolished every restraint, and
transformed the previous quiet and peaceful condition of the Peninsula
into a state of anarchy. There was then no law but the will of the
chieftain, who was inclined to encourage, rather than to repress, the
excesses of a brutalized soldiery. All records and muniments of title
had disappeared; boundaries had ceased to exist; the tenure of lands
was entirely dependent upon the numerical strength of the claimants;
and when the fields of one district were exhausted, the discontented
settlers sought a new residence in another locality, whose wealth had
excited their avarice, and the inferior military resources of whose
occupants rendered the retention of their possessions uncertain. The
cessation of hostilities was always accompanied with the plunder and
impoverishment of the vanquished; no treaty was valid, because no moral
obligation, or superior power by which it could be enforced, existed;
every vice was committed with impunity; every grudge was satisfied with
all the abuse of unrestricted license; the caprice of the military
commander had supplanted the precedents of the prætor, and the sword
had become the only acknowledged arbiter of every controversy.
Public-domain text, read in full here on John Shaqi.
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