In considering the general details of the Visigothic Code, one of
the striking and suggestive features which presents itself is the
inculcation of exalted precepts of honor, probity, and justice, and,
at the same time, the acceptance and adoption of a belief in the
basest and most grovelling forms of superstition. Upon the same page
where the duties to be observed between man and man are set forth
with a perspicuity and a piety worthy of all praise, appear laws
denunciatory of divination and sorcery. With all its imperfections,
however, it presents us not only with noble and accurate conceptions of
justice, but indirectly gives us, as well, a faithful and picturesque
representation of the gradual, but constant, advancement of a people.
Unlike other Codes which preceded and followed it, it is deficient
in regularity of classification and division, and, in that respect,
signally differs from the Institutes of Justinian, whose arrangement
was almost literally followed by Blackstone in his Commentaries
on the Laws of England. The irreconcilable character of many of
its enactments; the identity of penalties for offences of a widely
different gravity and nature; the enunciation of the most sublime
principles of morality, side by side with mandates requiring the
infliction of tortures whose inhumanity would almost appal a savage;
the absence of ordeals and the wager of battle, so frequently appealed
to in that and following ages, as proofs of guilt or innocence; are,
in addition to those previously referred to, among the most prominent
characteristics of this extraordinary compilation. The array of one
caste against another, a practice which has never failed to destroy
a government and degrade a people, is conspicuous everywhere. The
court was regarded rather as a place of execution than the seat of the
rendition of justice; the judge rather an avenger of injury, than the
representative of the law and the guardian of social order. The words
_ultio_ and _ulciscor_, constantly recurring in the Code,
disclose only too plainly the vengeful sentiments of the legislator. In
common with all barbarians, and likewise with the majority of civilized
men, force, with its consequent inconvenience and suffering, was the
only idea which appealed strongly to the Gothic mind, and the moral and
deterrent influence of legislation was almost entirely lost sight of.
In the arrangement of the Visigothic Code, the oldest laws, that is,
those based upon the unwritten observances of ages, are without any
evidence of the time of their adoption; such as are derived from Roman
sources are designated _antiqua_, or ancient; the edicts of kings
are promulgated under the royal title, a distinction indicative also of
those which were exclusively enacted by the national councils.
Public-domain text, read in full here on John Shaqi.
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