The Visigothic code : $b (Forum Judicum) — John Shaqi
The Visigothic code : $b (Forum Judicum)
History
The Visigothic code : $b (Forum Judicum)
Law, Germanic -- Sources; Law, Visigothic
With the fusion of races the identity of the Goths was speedily and
completely lost. The military spirit to which they were indebted, not
only for their civil and political organization, but also for their
integrity as a people, and for their preservation as well, disappeared.
In former times, and for ages after their occupation of the Spanish
Peninsula, that spirit which was their most distinguishing trait,
and the most prominent one which they possessed in common with the
Germans, was, by degrees, imperceptibly weakened, and finally lost in
the premature decadence of an entire nation. The servile spirit of
the Roman colonist and slave, whose sense of independence had been
crushed by centuries of oppression, now asserted its predominance
over the bold and active sentiments of the hardy soldiers who had
overrun and conquered Europe. Under the Visigothic polity there was
no pay for military service, and the glory and adventure held out
by a campaign, were not considered a sufficient recompense for its
hardships. Formerly, the Goths paid their soldiers only in time of war,
and, during peace, the army was supported by taxes. The Feudal System,
originally derived from the _emphyteusis_, or perpetual lease,
of the Roman law, with its rule exacting military service for the
possession of a fief, had not yet been established. The unconquerable
repugnance of the Visigoths to war caused them to avoid, under every
imaginable pretext, extending their aid to their rulers in times of
either conquest or invasion. They refused to protect the person of
their monarch, or defend the frontiers of their country. The nobles
and wealthy landowners persistently violated the law requiring them
to bring into battle one tenth of their slaves, thoroughly armed and
equipped. The ninth book of the Code contains stringent regulations
against such delinquents as, under various pretences, sought to evade
the service in the army, due from them and their dependents; and it
was said that, at one time, half the able-bodied population of the
Peninsula had, by reason of their refusal to obey those regulations,
rendered themselves liable to the dreadful penalties which they
imposed. In this fact alone is significantly disclosed, not only the
thorough deterioration of the once valiant Gothic race, but one cause
of the amazing and unprecedented success of the Saracen power. The
Mohammedan squadrons, impelled by the mighty force of fanaticism,
could not be withstood by a mob of ill-treated peasants and effeminate
nobles, disunited by faction, without reverence for their king, or love
for their native land; in whom the martial spirit of their ancestors
had long been supplanted by the ignominious passions of cruelty and
avarice; where their leaders served under fear of the confiscation of
their property, and the rank and file were driven into action with the
scourge.
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