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
The jurisprudence of the Emperor was based upon and included the system
established by the Normans. Its rules were modified and improved as
experience had suggested would be expedient and profitable. The main
objects of the laws were the extinction of feudal tyranny, and the
enjoyment of private liberty so far as it was not inconsistent with
the prerogatives of the crown. No monarch of ancient or modern times
was more solicitous for the happiness of his subjects, and none ever
more fully appreciated the fact that the test of a nation’s greatness
is the benefit derived by mankind from its works, its history, its
example. The difficulties encountered in the formation of a uniform
code which could be enforced in such a cosmopolitan society as that of
Sicily seemed insuperable. Feudal rights and ecclesiastical exemptions;
the privileges of the Jews and Saracens, founded on prescription
and confirmed by tribute; the jealous contentions of many forms of
religious belief; the perpetual encroachments and usurpations of
pontifical authority; the skepticism of Moslem philosophers, and the
fanatical rage of persecuting zealots,--all of these antagonistic
rights, claims, prejudices, and prerogatives it was necessary to
correct, rearrange, amend, and embody in one practical, efficient,
and harmonious system. The task, though stupendous, was not beyond
the abilities and constructive genius of the great law-giver. The
turbulence of the nobles was firmly restrained. All members of the
clerical order were rendered amenable to the laws of the realm in cases
which concerned the dignity and traditions of the empire. In matters
relating to marriage alone they were permitted to exercise jurisdiction
over those who had not taken the tonsure; the assent of the Emperor
was necessary to the validity of an election; the prelate as well as
the layman was compelled to assist in defraying the expenses of the
government; nor, in any way, could he escape the discharge of duties
enjoined by the Imperial Code or plead immunity from burdens necessary
to the security of the state or the enforcement of order. The law of
mortmain, framed under the direction of the Emperor, preceded the
famous statute of Edward I., of which it was the prototype, nearly a
century. Upon every individual the maxim was continually impressed that
the sovereign was the fountain of justice, authority, and mercy. The
criminal procedure, founded on Norman precedents, was singularly free
from the legal atrocities generally prescribed by feudal regulations;
the penalty of death was only inflicted for the most heinous offences;
mutilation was seldom permitted except in the cases of incorrigible
criminals; torture, while recognized, was one of the rarest of
punishments. The courts were invested with every outward circumstance
of official pomp and dignity. From the decision of the supreme tribunal
there was no appeal; even in the monarch vexatious litigation was
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account