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
unquestionable right, and the slightest suspicion of interference by
the throne in the proceedings rendered them invalid and worthless. The
ceremonies relating to the administration of the law were characterized
by great simplicity, and the pleadings were divested of unnecessary
verbiage. The highest reverence for the officers of the crown was
inculcated and enforced; and a resort to litigation was persistently
discouraged by public opinion, excepting where it was imperatively
demanded by the interests of justice. In the rules of evidence, as well
as in their application, traces of the deeply rooted superstitions
of the Teutonic barbarians still remained. The ordeals of fire and
water were not infrequently adopted. The wager of battle could not
be refused, without ignominy; and the oaths of compurgators were, at
times, invoked to restore the lustre of some tarnished escutcheon, or
to remove the stain attaching to a suspected violation of female honor.
Torture was allowed, but excessive severity in its application was
prohibited, and, in case of death or permanent injury resulting from
its abuse, the judge was liable to forfeiture both of his possessions
and his liberty. In determining the competency of testimony, an unwise
and unjust discrimination was made against the poor, through the
unwarrantable presumption of temptation to bribery, and this exclusion
also applied to Jews--even though apostates--as well as to their
descendants, and to slaves. The crime of perjury was mentioned with
horror; its commission was deemed worthy of the severest punishment;
and the false witness, visited with public execration, was condemned
to life-long servitude. In general, the criminal code of the Visigoths
was conspicuous for the moderation with which it treated offenders
against the public peace. The penalty of death was rarely inflicted,
and was confined to cases of arson, rape, and murder. A regular
schedule of minor crimes and their punishments existed; the severity
of the latter depending upon the social rank and political importance
of the individual. In flagrant instances of malicious prosecution,
bribery of public officers, or abuse of political power, the culprit
became the slave of the injured party, with the sole limitation to his
resentment, that the life of his former oppressor should be spared.
Rebellion was punished by banishment; infanticide by blinding; and the
counterfeiter, or the forger of a royal edict, suffered the loss of
the right hand. When the atrocious nature of an offence against morals
demanded a penalty of corresponding infamy, the head of the criminal
was shaved and branded, marking him for life as a social outcast, to
be forever an object of public abhorrence. Scourging was the penalty
of most universal application, and even a freeman, however exalted
his station, was not exempt from its infliction, if he ventured to
provoke the vengeance of retributive justice, and was not possessed of
Public-domain text, read in full here on John Shaqi.
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