The original Visigothic laws, wholly based upon oral tradition, were
first reduced to order and committed to writing by Euric, at Arles, in
the latter half of the fifth century. This collection is unfortunately
lost, but many of its provisions were incorporated into the Visigothic
Code, although, no doubt, subjected to important and numerous
modifications in the course of centuries. At the beginning of the sixth
century, Alaric II. promulgated the _Breviarium Alaricianum_,
a body of laws compiled mainly from the Codes of Justinian and
Theodosius, which collection was the source of the subsequent Lombard
and Bavarian Codes. From the two compilations of Euric and Alaric,
under the reigns of Kings Chintasvintus and Recesvintus, 649–652,
was formed the _Forum Judicum_, or Visigothic Code; the most
remarkable monument of legislation which ever emanated from a
semi-barbarian people, and the only substantial memorial of greatness
or erudition bequeathed by the Goths to posterity. Like the Roman
works on jurisprudence it is divided into twelve books, sub-divided
into titles and chapters. The language in which it is written is
monkish Latin, a barbarous jargon, extremely difficult to translate,
and vastly different from the polished idiom of Tacitus and Cicero.
Its examination discloses many discrepancies, variations, ambiguities,
and contradictions, unquestionably due to the ignorance of the various
transcribers; a fact which is not surprising when the imperfect
knowledge and defective education which prevailed in Spain during the
seventh century, are considered. There is no mention of the _Forum
Judicum_ during the Saracen domination, except that it is known to
have been preserved by the Moors; and as Christians were permitted the
use of their own laws, where they did not conflict with those of the
conquerors, upon the regular payment of tribute, it may be presumed
that it was the recognized legal authority of Christian magistrates
during the period that Spain remained under the Moslem sceptre. When
Ferdinand III. took Cordova in the thirteenth century, he ordered the
_Forum Judicum_ to be adopted and observed by its citizens, and
caused it to be rendered into Castilian. This translation, which is
usually appended to the Latin version, is incomplete, incorrect, and
unsatisfactory. It contains many omissions and substitutions; the
meaning of the sentences, in many cases, is not even approximately
given; the proper names seem to have originated in the fertile
imagination of the monkish translator; and, not infrequently,
interpolations, derived from some unknown source, have entirely usurped
the place of the original text.
Public-domain text, read in full here on John Shaqi.
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