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
In its respectable antiquity; in the sublime morality inculcated by
its precepts; in the obligations incurred by every nation which has
drawn upon its accumulated stores of wisdom; in its freedom from the
dishonorable expedients of legal chicanery; in the simplicity of its
procedure; in the certainty and celerity required by the practice of
the tribunals where its authority was acknowledged; in the inflexible
impartiality with which it invested the decisions of those tribunals;
in its well-founded title to public confidence; the Visigothic Code
is without parallel in the annals of jurisprudence. But great as are
its claims upon the gratitude and reverence of the jurist and the
legislator, they are scarcely comparable to the indebtedness imposed
upon the historian. The meagre information to be gleaned from the works
of native chroniclers is, in great measure, thoroughly unreliable.
The literature of the age, scanty in itself, consists mainly of the
recital of ecclesiastical fables, the martyrdom of legendary saints,
the discovery of spurious relics, the averting of calamities by
invocation and miracle, and trivial incidents in the lives of holy
men and women, whose preternatural gifts the indulgent credulity of
their biographers has handed down to the contempt and ridicule of
posterity. The pages destined for such records were too precious to be
defiled by the accounts of wars and insurrections and the interesting
descriptions of mediæval society. The diligence of the compilers of
the Forum Judicum has, however, largely supplied the deficiencies
of the monkish annalists. In their various civil and prohibitory
enactments, they have unconsciously delineated the follies, the vices,
the superstitions, and the crimes of the age. The penalties imposed
for the violation of statutes denote infallibly the barbarian origin
of those who formulated them. The law of retaliation--tolerated only
among the lowest races of men--occurs repeatedly among the provisions
of the Visigothic Code. The deterrent effect of criminal legislation
was almost always subordinated to considerations of vengeance. The
magistrate was regarded as the vindicator of wrong, rather than the
calm representative of judicial dignity and the impartial interpreter
of the laws. Scalping, maiming, blinding, scourging, branding,
emasculation, were punishments prescribed without discrimination, for
offences varying widely in the nature and degree of misconduct and
criminality. The period of transition which separated the barbaric
rudeness of Adolphus and the effeminate luxury of Roderick is
traceable, step by step, in the progressive legislation of centuries.
The rise and consolidation of ecclesiastical power; the limitation
of the royal prerogative; the decline of the insolent pretensions of
the nobility; the elevation of the peasant from the position of a
beast of burden to a self-respecting being, who, however steeped in
ignorance he might be, was always sure of an impartial hearing before
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