The rights and disabilities of minors are
clearly and definitely stated. The legal incapacity of insane persons,
excepting during lucid intervals, when publicly recognized to be in
possession of their faculties, is declared. The questions of _lis
pendens_, _res judicata_, judgment by default, and vendors’
lien, are treated in much the same way as in modern treatises on
those subjects. The laws of inheritance, and the descent of estates,
are explained at great length, and with a minuteness corresponding
to their importance and effect upon social and domestic life. The
relations of husband and wife are exhaustively discussed; no marriage
was valid without a dowry, which was given by the husband; the amount
was proportioned to the wealth and position of the latter; and a sum
in excess of that established by law could not be bestowed through
affection, or exacted by improper influence. Patrimonial estates, in
the possession of widows, could not be alienated without the consent of
a council of relatives; a provision which was, for centuries, the law
in Portugal. In the penal legislation of the Code there is a curious
mingling of the barbarous and the civilized. The compounding of crimes
was permitted by law. The amount of damages to be assessed, like the
penalty for the offence, was estimated according to the dignity and
possessions of the culprit. The law of retaliation was sanctioned
and enforced in cases where the injury was of a personal character;
and, in support of this barbarous custom, the authority of the Bible
was constantly invoked. The inhumanity of the punishments imposed is
another striking indication of the survival of barbarism. Decapitation
was the ordinary sentence for capital crimes. The penalty for arson
was death by fire. Branding, maiming, scalping, and castration were
inflicted for offences not deemed of sufficient gravity to require the
imposition of the extreme penalty. Blinding, probably the most cruel of
all, though abolished by the Code of Justinian, had been retained by
the degenerate Greeks of the Byzantine Empire, from whom the Visigoths
acquired it. Scourging was frequently inflicted; the number of blows
varied from fifty to three hundred; they were almost always given in
public; and even a judge who had been guilty of misconduct in office,
was liable to the lash, symbolical at once of suffering and disgrace,
and only surpassed in infamy and horror by scalping with fire, or
decalvation. Torture, though authorized by law, was sparingly used.
Under the Roman system it could only be inflicted upon slaves; the
Visigoths, however, countenanced its exercise where the crime sought
to be discovered by its means was one implying great moral turpitude;
but it was solely employed as a method of eliciting evidence, and never
as punishment for crime. With a people so jealous of their liberties,
false imprisonment was naturally regarded as one of the greatest of
wrongs; while, on the other hand, few penalties are more common
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