This famous Code consists of laws emanating from four different
sources: first, those based on ancient Gothic customs; second, such
as were adopted from the Roman jurisprudence; third, the acts of
ecclesiastical councils; fourth, edicts of kings, promulgated at
different times, according to the various exigencies that arose; all
of which seem to have had equal validity. One of the most remarkable
characteristics of this collection is the maintenance of the principle
of legal responsibility, irrespective of wealth, rank, or dignity.
Every precaution was taken to prevent the interference of the sovereign
with the magistracy and the tribunals, in instances where the royal
power might be improperly exerted to pervert the course of justice;
and where the judge, yielding to superior influence, rendered an
unjust decree, that decree was declared to be void. In cases where an
appeal was taken to the throne, the king, in the consideration of the
questions brought before him, was admonished to strictly observe the
forms and principles of equity, and to render his decision accordingly.
While the judge derived his authority from the Crown, he was in fact,
independent of it; and, equally removed from the voice of popular
clamor, unlike the elective magistrates of the tribunals of antiquity,
was under no obligations to the populace. The sacerdotal legislator,
never unmindful of his own interests while defining the rights of
the people, was, nevertheless, himself subject to the secular power.
While this was the case, however, a great distinction existed between
the punishment inflicted for practically the same offences upon the
clergy and the laity, with the advantage entirely upon the side of
the former. The penalties usually imposed upon ecclesiastics for
breaches of the law were fines, penance, and monastic seclusion; and
their sacred office was a safeguard against the horrible and degrading
punishments from which even the highest nobility were sometimes unable
to escape. In this undisguised leniency, and practical exemption from
severe judicial sentences, may be discerned the germ of the “benefit
of clergy,” carried to such lengths, and productive of such manifold
injustice and abuse, in mediæval times.
Public-domain text, read in full here on John Shaqi.
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