The Visigothic code : $b (Forum Judicum) — John Shaqi
The Visigothic code : $b (Forum Judicum)
History
The Visigothic code : $b (Forum Judicum)
Law, Germanic -- Sources; Law, Visigothic
The history of the Visigothic monarchy, especially after its adoption
of Catholicism in 587, is, therefore, as has already been remarked,
closely interwoven with that of the Visigothic Church. The Crown
possessed little real authority. The complete and universal municipal
organization, instituted by the Romans, had disappeared with the
Gothic occupation. Civil and judicial officers, although appointed by
the Crown, were subject to ecclesiastical supervision; not only in
the parish and the diocese, but in the tribunals of justice, in the
most intimate relations of domestic life, in the determination and
settlement of secular disputes, and even in the presence of the throne.
The influence of the priest increased in the same ratio in which that
of the soldier declined. It reached its climax at the time of the
Saracen invasion, when, to all but the most discerning eye, the rule of
the Church seemed destined to endure through many centuries, and its
civil and political power appeared impregnable. The illusory character
of this apparent greatness was soon to be exhibited. Two years after
the last of the Gothic kings ascended the throne, the Moorish armies
were in possession of the Spanish Peninsula.
The enactments of the Visigothic Code, from their promulgation to the
present day, have been never entirely abrogated by the legislative
powers of Spain, and, as the foundation of the national judicature,
many of its precepts and its rules still maintain their original
force and power in the legal and ecclesiastical tribunals of the
Spanish Peninsula. During the Moslem domination, their authority
was unquestioned in the different Christian kingdoms of the North.
The voluminous compilation, known as _Las Siete Partidas_,
published by Alfonso el Sabio in 1348, was largely borrowed from the
_Forum Judicum_. Charles III. in 1788, expressly declared that
the provisions of the latter had never been repealed by subsequent
statutes, and ordered that they should prevail in a contest involving
the law of inheritance, where the property of a deceased monk was
claimed both by his monastery and his relatives, in the royal chancery
court of Granada. Not only are some of these laws still recognized
as binding in the Peninsula, but they were long used in Southern
France, and the capitularies of the early kings of that country bear
unmistakable internal evidence of their derivation from this same
source.
Public-domain text, read in full here on John Shaqi.
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