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 precepts of the Forum Judicum which relate to bailments, to
strays, to trespass, to accessories before and after the fact, to the
obstruction of highways, to malicious mischief, to the attestation
of documents, and to contracts made under duress, are substantially
the same as those set forth in our law-books of to-day. A statute of
limitations, which recognized a period varying from thirty to fifty
years, beyond which even some criminal prosecutions could not be
instituted, was in force. The legislation pertaining to agriculture,
irrigation, and the boundaries of land was particularly complete and
exhaustive. Security was obtained by bonds and pledges; inventories
were required of guardians; and the culprit who was guilty of slander
was not only responsible in damages for his intemperate language, but
was also often liable to corporeal punishment; as, for instance, if
he called another a “Saracen,” or even insinuated that he had been
circumcised, he might consider himself fortunate if he did not receive
fifty lashes at the hands of the common executioner.
Considering the general condition of society, the antecedents of a
nation whose energies had hitherto been directed to the overthrow of
every institution which secured the perpetuity of peace and order,
the previous slender opportunities of its authors, and the limited
educational facilities at their command, the Code of the Visigoths
presents us with a system of legislation of extraordinary interest
and value. So remarkable is this body of jurisprudence in the wisdom,
foresight, humanity, and knowledge of mankind which characterize its
leading maxims, that they almost seem to have been suggested by divine
inspiration. Its first statutes appeared when the comprehensive
system of Justinian, which had enlisted the talents and exhausted the
erudition of the most accomplished jurists of the Eastern Empire, was
nearly perfected. It borrowed but little, however, from the learning
of Tribonian and the laborious ingenuity of his seventeen coadjutors.
The eternal principles of justice, it is true, are equally the basis
of both of these collections; but their construction and the methods
of their application, under similar conditions, are widely different;
and the superiority, upon the whole, is largely on the side of the
so-called barbarian. In the majority of instances, excepting where
ecclesiastical ambition and monastic prejudice perverted the ends of
legislation, the laws of the Visigoths were uniformly framed for the
protection of the weak, the relief of the oppressed, and the general
welfare of society. Unlike the practice of more civilized nations in
comparatively recent times, the judicature of the former confined
its penalties to the personality of the offender, and imposed no
disabilities, either by forfeiture or attainder, upon his innocent
relatives and descendants. It restrained the tyranny of the monarch;
it defined with conciseness and accuracy the rights of the subject;
Public-domain text, read in full here on John Shaqi.
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