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
The Visigothic Code exhibited, in the restrictions it imposed upon
the royal prerogative, that spirit of jealous independence always
conspicuous in the character of the German warrior, and which had been
preserved through many centuries by the importance that distinguished
the privileged orders under an elective monarchy. The king, who, at
first, had been liable to censure and judgment by his subjects, was
informed, when invested with his office, that even its dignity could
not exempt him from the obligation to observe the law, a principle
of justice and equality which he shared with every resident in his
dominions. The authority of the turbulent and illiterate nobles, who,
with all the arrogance of power, did not hesitate to threaten and
insult the creature of their choice, was curbed in time by the potent
yet gentle influence of the clergy, whose learning and talents at
first swayed, and finally absolutely controlled, the deliberations of
the National Councils. The high rank of the prelates, their superior
accomplishments in an age of universal ignorance, and their claims as
members of an independent hierarchy, which even the Supreme Pontiff
himself scarcely ventured to contradict, in the end communicated
to the Visigothic constitution all the worst characteristics of an
irresponsible and intolerant theocracy.
The Forum Judicum consists of twelve books, which not only define the
rights of the different classes of society, but prescribe at length,
and in copious detail, the mode of procedure to be followed in the
various tribunals. Every precaution which ingenuity could devise was
adopted to insure the fidelity, the honesty, and the impartiality of
the magistrate, whether of the civil or the ecclesiastical order. It
was the duty of the judge to observe and report upon the decisions
of the bishop and the priest, while, on the other hand, the higher
clergy possessed, under certain contingencies, the power of examining
causes and rendering judgment when the proper official had refused or
neglected to exercise his judicial functions, and the interests of
either of the parties litigant were exposed to injury in consequence.
The courts were open from dawn to dark, and the period of vacation
and the hours of rest were strictly regulated by law. The trial of
causes could not be delayed except for valid reasons; the speedy
rendition of judgment was compulsory; the procrastination, injustice,
or corruption of the judge was punished by a fine amounting to
double the loss incurred, and when the circumstances were peculiarly
aggravating his property was confiscated and he was publicly sold as
a slave. No person, however indigent, was debarred, for that reason,
from the benefits of justice, and a fund was set apart in every town
for the support of impecunious litigants, which was disbursed by the
municipal government with the approval of the bishop. An appeal from
the decisions of the inferior tribunals was granted as a matter of
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