History of the Moorish Empire in Europe, Vol. 3 (of 3) — John Shaqi
History of the Moorish Empire in Europe, Vol. 3 (of 3)Scott, S. P. (Samuel Parsons)
Islamic
History of the Moorish Empire in Europe, Vol. 3 (of 3)
Scott, S. P. (Samuel Parsons)
Arabs -- Europe -- History; Islamic civilization; Muslims -- Spain -- History; Spain -- History -- 711-1516
respects, exercise the rights of a freeman, while still subject to the
disabilities of a serf. The days of compulsory labor enjoined upon
him were prescribed by law. His testimony was admissible in the trial
of causes; he could not be illegally deprived of the results of his
industry when his duties to his lord had been faithfully discharged;
and, under certain circumstances, he was permitted to enter the
clerical profession, whose opportunities might open to an aspiring
zealot a career of the highest distinction.
The barbarian prejudices of the Norman conqueror survived in many
institutions inherited from ages of gross superstition and ignorance.
Among these were the absurd and iniquitous trials by fire, water, and
judicial combat, prevalent in societies dominated partly by priestcraft
and partly by the sword. But more correct ideas of the true character
of evidence and its application, acquired from association with a
people familiar with the codes of Justinian and Mohammed, eventually
mitigated the evils produced by such irrational procedure; and, while
not entirely abandoned, its most offensive features were gradually
suffered to become obsolete. In other respects, the administration of
justice--for the excellence of its system, for the rapidity with which
trials were conducted, for the opportunity afforded the litigant
for appeal and reversal of judgment--was remarkable. Invested with a
sacred character, the judge, in the honor of his official position,
was inferior to the king alone. His person was inviolable. No one
might question his motives or dispute his authority under penalty of
sacrilege. The head of the supreme court of the kingdom, by which
all questions taken on appeal from the inferior tribunals were
finally adjudicated, was called the Grand Justiciary. His powers and
dignity claimed and received the highest consideration. None but men
conspicuously eminent for learning and integrity were raised to this
exalted office. The Grand Justiciary, although frequently of plebeian
extraction, took precedence of the proud nobility, whose titles,
centuries old and gained in Egypt and Palestine, had already become
historic. A silken banner, the emblem of his office, was carried
before him. In public assemblies and royal audiences he sat at the
left hand of the sovereign. Only the constable, of all the officials
of the crown, approached him in rank. These unusual honors paid to
a dignitary whose title to respect was due, not to personal prowess
or to hereditary distinction, but to the reverence attaching to his
employment, indicate a great advance in the character of a people
which, but a few years before, acknowledged no law but that of physical
superiority, no tribunal but that of arms. In the other departments of
government--in finance, in legislation, in the regulations of commerce,
in the protection and encouragement of agriculture, in the maintenance
of order--the Norman domination in Sicily presented an example of
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