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 stated fine which was the legal equivalent of the lash. The right
of asylum, a privilege whose importance as a salutary check upon the
passions of a fierce and tyrannical nobility, in an age of violence,
is with difficulty appreciated in modern times, was recognized by the
Gothic constitution; and no suppliant, who had sought protection at the
foot of the altar, could be removed without the consent of the proper
ecclesiastical authority. In the provisions which define the civil
relations of society, the Forum Judicum recalls to every one conversant
with the Commentaries of Blackstone, the familiar maxims and precedents
of the Common Law of England. The different grades of relationship,
and the rights of inheritance in the ascending and descending lines,
were treated of exhaustively in the books of the Visigothic Code. In
the protection of the interests of children its sections displayed a
paternal and anxious care. No child could be disinherited unless it had
been guilty of some aggravated act of violence towards its parent. In
all questions relating to the descent of property, no preference was
accorded to sex, and the female remained on the same footing as the
male. A minor of ten years could, without restriction, dispose of his
or her possessions by will. Guardians were appointed by the courts, who
were required to observe the conditions of their trust, and to render
accounts of the funds which passed through their hands; and the power
of appointing a guardian _ad litem_ was frequently exercised,
where the affairs of a minor necessitated the institution or the
defence of a suit at law. The boundless control of the father over the
child, which formed so prominent a feature in the domestic regulations
of Rome, was repugnant to the independent spirit of the Goths; the
parental duties and responsibilities were expressly defined; the son
who resided with his father was entitled to two-thirds of his earnings;
and the courts exercised unremitting and vigilant supervision over
the persons and estates of minors and orphans. A reminiscence of the
ancient custom of marriage by purchase survived in the price paid by
the bridegroom to the relatives of the bride; all clandestine alliances
were considered invalid; a woman could sue, and be sued, without
joining with her husband; and no responsibility attached to either for
the illegal acts of the other. Integrity of descent and purity of blood
were preserved by laws of exceptional severity; a free-born female who
abandoned her person to, or even contracted marriage with, a slave was
scourged and burnt with her unfortunate paramour or spouse. A wife
who had incurred the guilt of adultery was delivered over absolutely
to the tender mercies of the injured husband. This offence, which
evoked ordinarily the strongest denunciation from the descendants of
the cold and sluggish barbarians of the Baltic, was, however, in an
ecclesiastic rather reprobated as an amiable weakness than condemned
Public-domain text, read in full here on John Shaqi.
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