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
as a crime; an indulgence to be attributed partly to the predominant
and sympathetic caste of the legislature, and partly to an appreciation
of the opportunities and temptations which beset the father-confessor,
who, after conviction, was immured in some comfortable monastery until
he professed penitence and received absolution.
The conditions of vassalage and serfdom, as understood and practised
elsewhere in Europe, and especially in Germany, were foreign to
the polity of the Visigoths. Feudalism, with its mutual rights and
obligations as subsequently known to Europe, strictly speaking, did not
exist. The relations affecting the status of lord and vassal were, to
some extent, borrowed from the Roman system and modelled upon those of
patron and client. The sections relating to the conditions of servitude
were minute and voluminous. The master had generally unrestricted power
over the life of his slave. He who aided the escape of the latter was
legally responsible for his value. Recognizing the peculiar facilities
for criminal intercourse, and the corresponding difficulty of its
detection, the law sentenced the servile adulterer to the stake. While
the most liberal encouragement was given to the manumission of slaves,
the numbers of this unfortunate class were constantly increasing,
by the capture of prisoners of war, by the degradation of dishonest
officials, by the submission of debtors, and by the conviction of
criminals. Every slave belonged to a certain rank, and castigation
for petty delinquencies, as well as punishment for serious crimes,
was inflicted with more or less rigor, according to the cause of his
servitude, his industrial ability, and the social condition of his
owner, whether he was born, purchased, or condemned; whether he was
a skilful artisan or mechanic, or an ordinary laborer; or whether he
was the property of the Crown, of the Church, or of an individual.
The influence of the Visigoths did much to lighten the burdens of
slavery; the bloody spectacles of the gladiatorial contests possessed
no allurements for a nation not degraded by cowardice and cruelty; the
treatment of bondmen was, in some localities, so softened and modified
that scarcely more than the name of hereditary servitude existed; and
in cases of intolerable oppression, where the slave took refuge in the
sanctuary, the master could be compelled to dispose of him to some one
more actuated by feelings of kindness and pity.
Public-domain text, read in full here on John Shaqi.
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