than that involving the forfeiture of freedom. Informers, another
institution of Byzantine treachery and deceit, were encouraged, and,
where they were not participants in illegal acts, were substantially
rewarded for their suspicious and ignominious services. The recognition
of malice prepense, and criminal intent, especially in cases of
homicide, reveals a just perception of the responsibility attending the
commission of crime, rare, indeed, among nations just emerging from
barbarism, and quite at variance with other provisions asserting the
existence of witchcraft, charms, and incantations. Under the Visigothic
polity, a crime is expressly declared to die with its author, where
he underwent a capital penalty; no blame or reproach attached to his
family or his posterity, where they were not implicated in his guilt;
and the sweeping and unjust law of attainder, which confiscated the
property, and branded the descendants of an offender with infamy, for
centuries in force in England, was unknown to the more equitable and
indulgent system of the Visigoths.
We are ignorant of the details of the procedure followed by the
Visigothic tribunals. They had, however, their summonses and other
writs of various kinds, their pleadings, arguments, depositions,
appraisements, judicial opinions both oral and written, appeals and
executions. The proceedings were conducted with due solemnity; the
most assiduous care was exercised to insure the integrity of the
magistrate; the rules of propriety were strictly enforced; exhibitions
of contempt were punished with exemplary severity; and even a person
of the highest rank, if guilty of marked disrespect to the judge,
or participating in any unseemly demonstration, was unceremoniously
ejected by the bailiffs. By the enforcement of such measures, the
courts were not only invested with a proper dignity and importance, but
their impartiality was established and secured; and all, even including
the people of the lower classes, came to regard these tribunals
as fountains of equity, and the protection and mainstay of their
liberties. They were almost continually open; the judges had but few
hours of rest or recreation; they were made responsible, in both person
and property, for a proper determination of the causes brought before
them; their remuneration was fixed by law, and was independent even of
royal favor; and the crimes of oppression and bribery, when committed
by a magistrate, were made the subject of some of the most savage
enactments in the _Forum Judicum_, including degradation from
office, forfeiture of property, scourging, decalvation, exile, slavery,
and death.
Public-domain text, read in full here on John Shaqi.
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