The innumerable details relating to the infringement of the rights of
property show that many abuses must have previously existed. The great
number of laws designed for the protection of agriculture, indicate
the importance with which it was considered by a people who, but a
few generations before, had been shepherds and predatory vagabonds.
The Visigoths were the first of the nomadic barbarians of the North
to acknowledge the privileges and responsibilities attaching to the
occupation of a permanent and limited domain. The offences of trespass,
and forcible entry and detainer, are clearly and explicitly set forth.
Severe penalties are denounced against all who deface, remove, or in
any way interfere with, established landmarks. Questions relating to
transfers, devises, partition, leases, land belonging to the state,
boundaries, disputes concerning the ownership of real-property, and
title by adverse possession, are discussed and determined with an
ability and an accurate conception of the principles of equity, most
remarkable for that age. While enjoyment of liberty was theoretically
the unquestioned right of every person except the slave, the limits of
castes and classes, adopted, for the most part, from the Roman polity,
were strictly defined. Notwithstanding minute and often voluminous
provisions, designed for the protection of the people, oppression by
the rich and powerful was not unusual, and was sedulously provided
against. Cruelty, and persecution of the weak, could be practised by
no one, no matter how exalted his dignity, without reprobation and
punishment. The interference of individuals of rank in the trial of
causes, and their obstruction of the process of the law--evidently a
common practice, and a source of endless trouble in former times--is
repeatedly prohibited; and every attempt was made to preserve the
courts from external influence, and insure the justice and impartiality
of their decisions. An appeal could be taken from the decision of the
judge to the governor of the city, from him to the governor of the
province, and from the latter to the king. Where a person was too poor
to incur the ordinary expenses of litigation, he could appeal directly
to the bishop; who, as the protector of all within his diocese, was
authorized to settle their claims and disputes, and enjoined to
interpose his good offices to prevent the exercise of injustice and
injury. Founded upon the strict principles of morality which everywhere
should control the conduct of mankind, the precepts of the Visigothic
Code present a strong and remarkable analogy to those which govern
the proceedings of modern judicial tribunals. A contract made under
duress, or vitiated by fraud, was void. A principal was liable for the
act of his agent, where the latter was known not to have exceeded his
authority. A master was responsible in damages for injuries committed
by his slave. Guardians were held to strict accountability in the
treatment of their wards.
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