CHAPTER IV

THE VISIGOTHIC MONARCHY

507–712

Origin and Character of the Goths--Their Invasion of

the Peninsula--Power of the Clergy--Ecclesiastical

Councils--The Jews--The Visigothic Code--Profound

Wisdom of Its Enactments--Provisions against

Fraud and Injustice--Severe Penalties--Its

Definition of the Law--Condition of the Mechanical

Arts--Architecture--Byzantine Influence--Manufactures--Votive

Crowns--Agriculture--Literature--Medicine--Slave

Labor--Imitation of Roman Customs--Parallel between the Goths

and the Arabs--Coincidence of Sentiments and Habits--Causes of

National Decline--Permanent Influence of the Gothic Polity.

Among the countless hordes of barbarians who in the third and fourth

centuries overran the provinces of the Roman Empire, and insulted the

majesty of the sovereigns of the East, none were so pre-eminently

distinguished for valor, loyalty, generosity, and chastity as the

Goths. From the third century, when the luxurious tastes of Rome

impelled adventurous traders to penetrate to the shores of the Baltic

in search of amber, to the establishment of an independent monarchy in

Italy by Theodoric in the fifth, their name was familiar to Europe--now

suggestive of a bulwark of the tottering throne of Byzantium, and

again, as a synonym of murder, pillage, and devastation. Of towering

stature and fierce aspect, their forms were cast in the gigantic

proportions which pagan mythology loved to attribute to its gods

and heroes. Their habitations were situated in the depths of gloomy

forests, on the banks of deep and rapid streams, or were surrounded

by marshes, over whose treacherous and yielding surface a winding

pathway usually led to a remote and well defended stronghold. Like all

people whose intellectual development had scarcely begun, they believed

implicitly in omens, auguries, signs, and dreams; their religious

ideas were vague and ill defined; and neither history nor tradition

has preserved for us the appellation or attributes of a single Gothic

divinity. At their banquets, defiled by drunken orgies, and not

infrequently the scenes of violence and even homicide, were celebrated,

in uncouth ballads, the exploits of the famous warriors of the nation.

Their very name, indicative of the superiority which their prowess

never failed to exact, signified The Nobly Born. Without literature,

save a fragmentary translation of the Bible, without government, save

the dominion of some chieftain who, covetous of renown, temporarily

enjoyed the precarious title of sovereign, eager for change, the most

reckless of gamesters, the most pitiless of conquerors, destruction

was with them a passion, and war an amusement. In common with other

barbarians, with whom the ignorance and fears of the age have

confounded them, they claimed and exercised, to the utmost, the

privileges of individual dignity and personal freedom. An arbitrary

classification, dependent upon a fortuitous geographical distribution,

had divided this people into Ostrogoths and Visigoths, according to

their relative location upon the eastern and western banks of the

river Borysthenes. The pressure from the north, which had dispersed

the tribes of the forests of Germany and Pannonia over the European

provinces of the Roman Empire, had induced the Visigoths, by necessity

or choice, to seek a home in Gaul, which country they occupied in

common with the Vandals, the Suevi, the Alani, and other more obscure,

but not less formidable, barbarians; and scarcely had the division of

the empire between Arcadius and Honorius been effected in the first

years of the fifth century, when the inhabitants of Spain, either

through treason or from the negligence of the garrisons stationed in

the passes of the Pyrenees, were overwhelmed by a deluge of savage

marauders.

For four hundred years, the beautiful, the rich, the fertile and

densely populated Peninsula had enjoyed the inestimable blessings

of peace. With the defeat and death of the sons of Pompey, the last

vestige of civil war and intestine discord had disappeared from its

borders. Its fields were cultivated with assiduous care; its seaports

were thronged with the shipping of the Mediterranean; the manufacturing

interests of its inland cities were diversified and important. Its

people, who had inherited from Rome and Carthage that love of pleasure

which was at once their boast and their disgrace, with Epicurean

unconcern, lived only for the present, in the participation of all the

luxury which boundless wealth and national prosperity could bestow.

Upon this earthly paradise--with its splendid cities, its sumptuous

villas, its majestic souvenirs of Roman greatness, its traditions of

heroic achievement and maritime adventure; where Hannibal had gained

his boyhood’s laurels, and Cæsar, moved by the sight of Alexander’s

statue, had first aspired to the dominion of the world--now descended

the brutal and licentious plunderers of the North. The excesses

perpetrated by them in other provinces of the empire were trivial when

compared with the havoc they committed in Iberia. No considerations

of public policy, no sentiments of mercy, interposed to mitigate the

calamities which befell the smiling plains of the Anas, the Iberus,

and the Bætis. Such of the inhabitants as were fortunate enough to

find an asylum behind the walls of fortified cities, soon paid for

their temporary security with the pangs of famine. The growing crops,

delivered to the torch, left to-day a blackened waste where only

yesterday had been every promise of an abundant harvest. A smoky pall,

appropriate symbol of destruction, overhung the sites of prosperous

hamlets and marble villas, where a few smouldering embers alone

indicated the former abode of taste and opulence. Heaps of corpses,

denied the rites of sepulture, covered the land, which was infested

with incredible numbers of wolves and birds of prey, attracted from

every side to their loathsome and inexhaustible repast. A feeling of

utter despair fell upon the survivors; the instincts of humanity and

the feelings of nature were suspended or destroyed; men murdered their

families and then committed suicide; women devoured their offspring;

exposure, want, suffering, and anxiety produced their inevitable

consequences; and the crowning misfortune, the pestilence, daily

claimed its victims by thousands. The savage masters of the country,

satiated with rapine and mutually jealous of power, now began to

quarrel with each other. In the contests which ensued, almost from

the first, the superior organization and martial genius of the Goths

acquired for them the acknowledged supremacy over their adversaries--a

supremacy which soon became coextensive with the Peninsula and laid

the foundations of an extensive kingdom. Early in the fifth century

the extermination, expulsion, or absorption by intermarriage, of the

various tribes, and the emigration of the Vandals, in a body, to

Africa, gave the control of the entire country, with the exception of

a few seaports still tributary to Constantinople, to the Visigoths. In

political organization, in nomenclature, in the construction and in the

application of the maxims of jurisprudence, in the election of their

rulers, in the punishment of criminals, in the regulation of their

amusements, they observed the traditions and honored the observances

of their old homes on the Vistula and the Baltic. The accident of

conversion, a matter of indifference to the majority of the nation,

and one, in this instance, partially dependent upon policy, had made

them Arians, and consequently heretics. The Gothic Church, in its

independence of the See of Rome, while it honored the Supreme Pontiff,

and recognized, to a certain extent, the religious supremacy of the

Papacy, presented an anomaly in the Christian world. The monarch chosen

for his wisdom or his bravery had not as yet assumed the exterior

insignia of royalty, and the laws held him to a strict accountability

for the lives and property of his subjects, but in ecclesiastical

affairs his authority was undisputed and supreme. He convoked at his

pleasure and presided over the national councils--assemblies originally

composed entirely of the clergy, and in which, at all times, the

theocratical element largely preponderated; he published encyclical

letters; he possessed the power of revising the decrees of councils

before their adoption and promulgation; and his wishes and suggestions

were received with a respect surpassing that usually accorded by his

haughty vassals to the majesty of the throne. The clergy were in fact

absolutely dependent upon the sovereign; their immunities were subject

to his will or his caprice; and, far from enjoying the exemption they

obtained in after times by reason of their sacred office and superior

sanctity, they were liable to taxation, and amenable to punishment for

the violation of the laws as strictly as were the laity. Not only were

these restrictions imposed upon them, but the interests of the secular

portion of the community were carefully guarded against the possible

encroachments of ecclesiastical tyranny; the judges were particularly

enjoined to scrutinize the conduct of the priesthood; and instances

were by no means rare where heavy fines were imposed upon them for

acts of injustice and for the oppression of their parishioners.

From the decision of every bishop and metropolitan an appeal lay to

the throne, a privilege conceded. to the meanest peasant; the king

could suspend or abrogate the rules of ecclesiastical discipline; no

canon was valid without his sanction; and he assumed the rights of

nominating, and of translating from one see to another, the greatest

prelates of the Church. But as assemblies of men who possess a monopoly

of the learning and worldly wisdom of a nation, conscious of mental

superiority and incited by motives of ambition, are never satisfied

with acting in a subordinate capacity; the ecclesiastical councils of

Spain almost imperceptibly, but none the less surely, began to encroach

upon the royal prerogative, and, assisted by the weakness or gratitude

of princes whose titles had been assured by their confirmation, aimed

at the seizure of absolute power. By the institution of the rite of

anointing, which imparted a sacred character to the monarch, and

invested in them an implied control over his coronation--a rite first

used in Spain and not adopted in France till the reign of Pepin, in

the eighth century; by the framing of laws favorable to their order,

and whose essential provisions were carefully disguised under the

specious name of enactments for the public welfare; by a command of a

majority of the votes which elected the sovereign; and lastly, by the

conversion of the whole nation to the doctrines of the orthodox faith;

the Gothic clergy advanced unswervingly towards the establishment of

their claim to political supremacy. The Third Council of Toledo was

the first of these important convocations in which questions relating

to the settlement of the constitution of the Gothic monarchy were

debated and settled. From this time until the meeting of the Eighth

Council in 653, the palatines did not participate in the deliberations

of these assemblies, which now began to assume the appearance of

legislative bodies, in which the aims of exclusive ecclesiastical

representation were already clearly disclosed by the partiality and

exemptions which characterized the canons treating of the rights and

privileges of the priesthood. After the middle of the seventh century,

although the nobles were admitted as members of the national councils

and took part in their discussions, the influence of the clergy became

paramount, and the duties of the nobility were confined to a passive

assent to, and registration of, their edicts. A separate tribunal

for the final adjudication of all disputed points of doctrine which

might incidentally arise in the ordinary administration of justice was

granted to ecclesiastics; the latter were prohibited from engaging

in commerce, which the poverty of the Church had formerly rendered

necessary; it became customary to select bishops for the negotiation

of treaties, and for the direction of military embassies which were

invested with the all-important powers of peace and war; the councils

occasionally claimed jurisdiction over secular causes--an unwarranted

assumption of power which the indifference or bigotry of the sovereign

usually failed to resent; and the intolerant character of the canons

treating of heresy indicate, but too plainly, the growing spirit of

persecution--the germ of future inquisitorial atrocities.

But, notwithstanding the acceptance of Catholicism, and the consequent

advance towards the enjoyment of absolute independence, the Church

was hampered by many serious restrictions. Bishops, clerks, and monks

remained subordinate to the secular arm and responsible to the courts

of the realm; they could not, with impunity, disregard their processes,

still less defy their authority; and the commission of crime rendered

them liable to heavy fines and long terms of imprisonment; although,

like the nobility, they could not be subjected to the punishments

inflicted upon the lower orders, such as scourging and branding--the

latter being considered especially infamous. The immunity which

subsequently attached to the character of the clergy as non-combatants

was not known to the founders of the Gothic monarchy. When a city

was besieged or the country threatened with invasion, every subject,

regardless of his profession, was obliged to serve in the army, and

no ecclesiastic could plead his sacred office in bar of military

duty to his sovereign, under penalty of confiscation and exile; the

tonsure was regarded as of peculiar significance and sanctity, and any

one whose locks had once been shorn, or who had assumed the clerical

habit, was henceforth excluded, as a rule, from all military and

civil employments, and consecrated for life to the service of the

cloister; a law which, when abused by fraud or ignorance, was more

than once productive of important results, and even of changes in

the royal succession. Upon the whole, however, the influence of the

Church in those days of intellectual darkness was highly beneficial.

Its monopoly of the scanty wisdom of the time was often employed for

the protection of the oppressed, for the alleviation of suffering, for

the frustration of tyranny, for the consolation of death. The bishop

stood as a guard between the helpless peasant and the unjust judge;

his mediation with the throne, in cases of flagrant injury, was not

optional but mandatory; and his official conduct was subject to the

constant supervision, and was liable to the censure, of the magistrate.

The ambition and political aspirations of the clergy, joined to their

insatiable greed of dominion, which increased with each successive

encroachment upon the civil power, with the daily accumulation of

wealth, and the acquisition of extensive estates by gift, extortion,

bequest, or purchase, disclosed themselves in time in their legitimate

consequence, religious intolerance. The Arian Church in Spain never

disgraced its rule by persecution for differences of opinion. With

the acceptance of the orthodox belief in the sixth century, however,

the spirit of vindictive malevolence,--which has always animated and

directed the genius of Catholicism when in the ascendant, at once

infected the counsels of the ecclesiastical tribunals, and indirectly,

through their influence and example, the decisions of the courts

of law. The coronation oath rendered obligatory the expulsion of

all heretics without consideration of birth, position, or previous

service to the state. The Jews, in whom were vested the most important

offices, and who possessed the bulk of the wealth of the kingdom,

were banished, imprisoned, plundered, or burnt; and while it is true

that the severity of the laws against this sect defeated, erelong,

the object of their enactment, even their partial enforcement was

the cause of great and wide-spread suffering. With the consciousness

of power came the increase of pomp and the desire for prohibited

enjoyments and indulgence in carnal pleasures wholly inconsistent with

the observance of the vows of poverty and chastity as well as contrary

to the rules of ecclesiastical discipline. The canons enacted from

time to time by the councils, and whose provisions were designed to

impose restraints upon the irregular conduct of the clergy, show, more

conclusively than the pages of any chronicle, the lax morality and

deplorable condition of the religious society of that age. Stringent

regulations were adopted against the acceptance of bribes as the price

of exemption from persecution--especially referring to the Jews--a

proof that the zealous protestations of the clerical order could

not withstand the pecuniary arguments of the astute Hebrew; while

the censures fulminated against priests and monks who abused the

privileges of the confessional, or violated nature in the commission

of revolting crimes, indicate the secret and universal corruption

which had already begun to pollute the sacred offices of the Church

and impair the usefulness of its ministers. The Eighteenth Council

of Toledo, at the dictation of King Witiza, whose profligate conduct

and contempt for religion had aroused the horror of Christendom and

provoked the anathemas of the Pope, had, with unexampled servility,

passed laws authorizing the marriage of ecclesiastics, the institution

of polygamy, and the practice of promiscuous concubinage. Under

these conditions of sacerdotal degradation, sanctioned by custom

and established by law, the influence of the Church was everywhere

diminished; the faith of men in the existing religion was weakened; and

the public mind was insensibly prepared for the new revelation which,

appealing to the strongest passions of the human breast, stripped of

metaphysical distinctions, and inculcating moral precepts such as the

most skeptical and dissolute must applaud, was soon to be published to

the discontented and priest-ridden subjects of the Gothic empire. The

ill-defined powers of the Crown and the Mitre, at first reciprocally

dependent, led eventually to a clashing of interests and a struggle

for precedence between the royal and the sacerdotal authority,

in which the clergy, though their aspirations were occasionally

checked by some monarch of stern and decided character, in the end

invariably obtained the advantage. The dependence of the sovereign

upon the priesthood was never lost sight of. No occasion which might

remind him of the obligation he owed to the order whose suffrages

had conferred, and might, with equal facility, resume possession of

his crown, was suffered to pass unimproved. The anointing with holy

oil, which symbolized the right of divine consecration, had already

forged another link in the chain which bound the king to the Church.

The anathemas denounced upon a prince for failure to execute the

laws against heretics, far exceeded in virulence those to which any

subject was liable. At one time, the wishes of the sovereign were

anticipated by the subserviency of the prelates; at another, his

prerogative was invaded and his commands disobeyed with an arrogance

worthy of the imperious spirit of Julius II. or of Gregory the Great.

The populace, through ignorance, prejudice, and habit, blindly devoted

to the sacerdotal order, furnished a formidable body of auxiliaries,

ever ready to hearken to the appeals of their ghostly advisers, a

force which the dignity and assurance of the haughtiest ruler could

not with impunity disregard. The turbulent and illiterate nobility,

although the king was selected from their number by the voices of the

assembled bishops--in which ceremony the concurrence of the palatines

was admitted, in reality, only through courtesy--possessed, in the

practical application of the precepts of the Gothic constitution,

scarcely the shadow, still less the substance, of power. The council

was the embodiment and representative of the intellect and the

collective wisdom of the nation. Its canons were, for the most part,

framed in strict accordance with the principles of equity, and the

deliberations and conclusions of its sessions were often characterized

by a breadth of understanding and a degree of impartiality which

clearly indicated that its members were not deficient in the knowledge

and requirements of enlightened statesmanship. The results of their

labors are contained in the Gothic Code, a body of laws remarkable in

many respects, when we consider the general illiteracy and ignorance

of the age in which it was compiled, and its transcendent importance

as the prototype of the systems of jurisprudence which now regulate

the civil and criminal procedure of the courts of Europe and America.

In the extraordinary minuteness of its details, in its thorough and

comprehensive treatment of the manifold transactions of daily life,

and in its provisions for almost every contingency which could arise

in the administration of the sovereigns under whose auspices it was

framed, this extraordinary work presents the modern legislator with

a subject eminently worthy of his attention and study. The contact

with races which had long enjoyed the blessings of civilization, and

the development of the intellectual faculties consequent upon the

experience obtained in frequent expeditions and protracted campaigns,

imperceptibly modified the ancient laws of the Goths; the very essence

of which was, from the first, and long continued to be, the assertion

of the principle of personal liberty. Rome, whose toleration of the

religious prejudices and customs of the nations subjected to her

dominion--so long as they did not conflict with her interests or

contravene her authority--was one great secret of her power, had, in

accordance with that policy, indulged the Iberians in the use of their

own laws, and only those who enjoyed the privileges of citizenship

could be summoned before the tribunal of the imperial magistrate.

The incursions of the barbarians had abolished every restraint, and

transformed the previous quiet and peaceful condition of the Peninsula

into a state of anarchy. There was then no law but the will of the

chieftain, who was inclined to encourage, rather than to repress, the

excesses of a brutalized soldiery. All records and muniments of title

had disappeared; boundaries had ceased to exist; the tenure of lands

was entirely dependent upon the numerical strength of the claimants;

and when the fields of one district were exhausted, the discontented

settlers sought a new residence in another locality, whose wealth had

excited their avarice, and the inferior military resources of whose

occupants rendered the retention of their possessions uncertain. The

cessation of hostilities was always accompanied with the plunder and

impoverishment of the vanquished; no treaty was valid, because no moral

obligation, or superior power by which it could be enforced, existed;

every vice was committed with impunity; every grudge was satisfied with

all the abuse of unrestricted license; the caprice of the military

commander had supplanted the precedents of the prætor, and the sword

had become the only acknowledged arbiter of every controversy.

During the reign of Euric, in the year 479, was codified and published

the first book of Gothic law, the basis of the subsequent complex

and exhaustive system of jurisprudence which increased in size, and

gathered reverence and authority with the reign of each succeeding

sovereign. It was known as the Forum Judicum, or the Book of Judges,

and consisted mainly of a compilation of the rules applicable to the

various customs and ordeals, which had been approved by time and

experience as beneficial in the administration of the government of

the Gothic nation, combined with such maxims of Roman law as had

gradually been absorbed through frequent association with the courts

and magistrates of the empire. The new rights and duties arising from

the acceptance by the Goths of the orthodox belief in the latter half

of the sixth century, necessitated a revision of the existing laws

and the formulation of another code of far more extensive scope than

the one which already existed. By certain provisions of the former

the constitution of the Iberian church was definitely established and

the predominance of the clergy in secular matters assured; measures

of portentous significance, whose evil effects upon the intelligence

and prosperity of the Spanish people are discernible even in our day.

From the date of its adoption and promulgation, the inhabitants of the

Peninsula were, without exception, declared subject to its statutes.

From this time dates the absolute supremacy of the Church in the

Peninsula. The hold which it then obtained upon temporal affairs it

has never relaxed. The awful consequences of that supremacy upon all

classes and conditions of men owing allegiance to the Spanish crown are

familiar to every reader of history.

The Visigothic Code exhibited, in the restrictions it imposed upon

the royal prerogative, that spirit of jealous independence always

conspicuous in the character of the German warrior, and which had been

preserved through many centuries by the importance that distinguished

the privileged orders under an elective monarchy. The king, who, at

first, had been liable to censure and judgment by his subjects, was

informed, when invested with his office, that even its dignity could

not exempt him from the obligation to observe the law, a principle

of justice and equality which he shared with every resident in his

dominions. The authority of the turbulent and illiterate nobles, who,

with all the arrogance of power, did not hesitate to threaten and

insult the creature of their choice, was curbed in time by the potent

yet gentle influence of the clergy, whose learning and talents at

first swayed, and finally absolutely controlled, the deliberations of

the National Councils. The high rank of the prelates, their superior

accomplishments in an age of universal ignorance, and their claims as

members of an independent hierarchy, which even the Supreme Pontiff

himself scarcely ventured to contradict, in the end communicated

to the Visigothic constitution all the worst characteristics of an

irresponsible and intolerant theocracy.

The Forum Judicum consists of twelve books, which not only define the

rights of the different classes of society, but prescribe at length,

and in copious detail, the mode of procedure to be followed in the

various tribunals. Every precaution which ingenuity could devise was

adopted to insure the fidelity, the honesty, and the impartiality of

the magistrate, whether of the civil or the ecclesiastical order. It

was the duty of the judge to observe and report upon the decisions

of the bishop and the priest, while, on the other hand, the higher

clergy possessed, under certain contingencies, the power of examining

causes and rendering judgment when the proper official had refused or

neglected to exercise his judicial functions, and the interests of

either of the parties litigant were exposed to injury in consequence.

The courts were open from dawn to dark, and the period of vacation

and the hours of rest were strictly regulated by law. The trial of

causes could not be delayed except for valid reasons; the speedy

rendition of judgment was compulsory; the procrastination, injustice,

or corruption of the judge was punished by a fine amounting to

double the loss incurred, and when the circumstances were peculiarly

aggravating his property was confiscated and he was publicly sold as

a slave. No person, however indigent, was debarred, for that reason,

from the benefits of justice, and a fund was set apart in every town

for the support of impecunious litigants, which was disbursed by the

municipal government with the approval of the bishop. An appeal from

the decisions of the inferior tribunals was granted as a matter of

unquestionable right, and the slightest suspicion of interference by

the throne in the proceedings rendered them invalid and worthless. The

ceremonies relating to the administration of the law were characterized

by great simplicity, and the pleadings were divested of unnecessary

verbiage. The highest reverence for the officers of the crown was

inculcated and enforced; and a resort to litigation was persistently

discouraged by public opinion, excepting where it was imperatively

demanded by the interests of justice. In the rules of evidence, as well

as in their application, traces of the deeply rooted superstitions

of the Teutonic barbarians still remained. The ordeals of fire and

water were not infrequently adopted. The wager of battle could not

be refused, without ignominy; and the oaths of compurgators were, at

times, invoked to restore the lustre of some tarnished escutcheon, or

to remove the stain attaching to a suspected violation of female honor.

Torture was allowed, but excessive severity in its application was

prohibited, and, in case of death or permanent injury resulting from

its abuse, the judge was liable to forfeiture both of his possessions

and his liberty. In determining the competency of testimony, an unwise

and unjust discrimination was made against the poor, through the

unwarrantable presumption of temptation to bribery, and this exclusion

also applied to Jews--even though apostates--as well as to their

descendants, and to slaves. The crime of perjury was mentioned with

horror; its commission was deemed worthy of the severest punishment;

and the false witness, visited with public execration, was condemned

to life-long servitude. In general, the criminal code of the Visigoths

was conspicuous for the moderation with which it treated offenders

against the public peace. The penalty of death was rarely inflicted,

and was confined to cases of arson, rape, and murder. A regular

schedule of minor crimes and their punishments existed; the severity

of the latter depending upon the social rank and political importance

of the individual. In flagrant instances of malicious prosecution,

bribery of public officers, or abuse of political power, the culprit

became the slave of the injured party, with the sole limitation to his

resentment, that the life of his former oppressor should be spared.

Rebellion was punished by banishment; infanticide by blinding; and the

counterfeiter, or the forger of a royal edict, suffered the loss of

the right hand. When the atrocious nature of an offence against morals

demanded a penalty of corresponding infamy, the head of the criminal

was shaved and branded, marking him for life as a social outcast, to

be forever an object of public abhorrence. Scourging was the penalty

of most universal application, and even a freeman, however exalted

his station, was not exempt from its infliction, if he ventured to

provoke the vengeance of retributive justice, and was not possessed of

the stated fine which was the legal equivalent of the lash. The right

of asylum, a privilege whose importance as a salutary check upon the

passions of a fierce and tyrannical nobility, in an age of violence,

is with difficulty appreciated in modern times, was recognized by the

Gothic constitution; and no suppliant, who had sought protection at the

foot of the altar, could be removed without the consent of the proper

ecclesiastical authority. In the provisions which define the civil

relations of society, the Forum Judicum recalls to every one conversant

with the Commentaries of Blackstone, the familiar maxims and precedents

of the Common Law of England. The different grades of relationship,

and the rights of inheritance in the ascending and descending lines,

were treated of exhaustively in the books of the Visigothic Code. In

the protection of the interests of children its sections displayed a

paternal and anxious care. No child could be disinherited unless it had

been guilty of some aggravated act of violence towards its parent. In

all questions relating to the descent of property, no preference was

accorded to sex, and the female remained on the same footing as the

male. A minor of ten years could, without restriction, dispose of his

or her possessions by will. Guardians were appointed by the courts, who

were required to observe the conditions of their trust, and to render

accounts of the funds which passed through their hands; and the power

of appointing a guardian _ad litem_ was frequently exercised,

where the affairs of a minor necessitated the institution or the

defence of a suit at law. The boundless control of the father over the

child, which formed so prominent a feature in the domestic regulations

of Rome, was repugnant to the independent spirit of the Goths; the

parental duties and responsibilities were expressly defined; the son

who resided with his father was entitled to two-thirds of his earnings;

and the courts exercised unremitting and vigilant supervision over

the persons and estates of minors and orphans. A reminiscence of the

ancient custom of marriage by purchase survived in the price paid by

the bridegroom to the relatives of the bride; all clandestine alliances

were considered invalid; a woman could sue, and be sued, without

joining with her husband; and no responsibility attached to either for

the illegal acts of the other. Integrity of descent and purity of blood

were preserved by laws of exceptional severity; a free-born female who

abandoned her person to, or even contracted marriage with, a slave was

scourged and burnt with her unfortunate paramour or spouse. A wife

who had incurred the guilt of adultery was delivered over absolutely

to the tender mercies of the injured husband. This offence, which

evoked ordinarily the strongest denunciation from the descendants of

the cold and sluggish barbarians of the Baltic, was, however, in an

ecclesiastic rather reprobated as an amiable weakness than condemned

as a crime; an indulgence to be attributed partly to the predominant

and sympathetic caste of the legislature, and partly to an appreciation

of the opportunities and temptations which beset the father-confessor,

who, after conviction, was immured in some comfortable monastery until

he professed penitence and received absolution.

The conditions of vassalage and serfdom, as understood and practised

elsewhere in Europe, and especially in Germany, were foreign to

the polity of the Visigoths. Feudalism, with its mutual rights and

obligations as subsequently known to Europe, strictly speaking, did not

exist. The relations affecting the status of lord and vassal were, to

some extent, borrowed from the Roman system and modelled upon those of

patron and client. The sections relating to the conditions of servitude

were minute and voluminous. The master had generally unrestricted power

over the life of his slave. He who aided the escape of the latter was

legally responsible for his value. Recognizing the peculiar facilities

for criminal intercourse, and the corresponding difficulty of its

detection, the law sentenced the servile adulterer to the stake. While

the most liberal encouragement was given to the manumission of slaves,

the numbers of this unfortunate class were constantly increasing,

by the capture of prisoners of war, by the degradation of dishonest

officials, by the submission of debtors, and by the conviction of

criminals. Every slave belonged to a certain rank, and castigation

for petty delinquencies, as well as punishment for serious crimes,

was inflicted with more or less rigor, according to the cause of his

servitude, his industrial ability, and the social condition of his

owner, whether he was born, purchased, or condemned; whether he was

a skilful artisan or mechanic, or an ordinary laborer; or whether he

was the property of the Crown, of the Church, or of an individual.

The influence of the Visigoths did much to lighten the burdens of

slavery; the bloody spectacles of the gladiatorial contests possessed

no allurements for a nation not degraded by cowardice and cruelty; the

treatment of bondmen was, in some localities, so softened and modified

that scarcely more than the name of hereditary servitude existed; and

in cases of intolerable oppression, where the slave took refuge in the

sanctuary, the master could be compelled to dispose of him to some one

more actuated by feelings of kindness and pity.

The precepts of the Forum Judicum which relate to bailments, to

strays, to trespass, to accessories before and after the fact, to the

obstruction of highways, to malicious mischief, to the attestation

of documents, and to contracts made under duress, are substantially

the same as those set forth in our law-books of to-day. A statute of

limitations, which recognized a period varying from thirty to fifty

years, beyond which even some criminal prosecutions could not be

instituted, was in force. The legislation pertaining to agriculture,

irrigation, and the boundaries of land was particularly complete and

exhaustive. Security was obtained by bonds and pledges; inventories

were required of guardians; and the culprit who was guilty of slander

was not only responsible in damages for his intemperate language, but

was also often liable to corporeal punishment; as, for instance, if

he called another a “Saracen,” or even insinuated that he had been

circumcised, he might consider himself fortunate if he did not receive

fifty lashes at the hands of the common executioner.

Considering the general condition of society, the antecedents of a

nation whose energies had hitherto been directed to the overthrow of

every institution which secured the perpetuity of peace and order,

the previous slender opportunities of its authors, and the limited

educational facilities at their command, the Code of the Visigoths

presents us with a system of legislation of extraordinary interest

and value. So remarkable is this body of jurisprudence in the wisdom,

foresight, humanity, and knowledge of mankind which characterize its

leading maxims, that they almost seem to have been suggested by divine

inspiration. Its first statutes appeared when the comprehensive

system of Justinian, which had enlisted the talents and exhausted the

erudition of the most accomplished jurists of the Eastern Empire, was

nearly perfected. It borrowed but little, however, from the learning

of Tribonian and the laborious ingenuity of his seventeen coadjutors.

The eternal principles of justice, it is true, are equally the basis

of both of these collections; but their construction and the methods

of their application, under similar conditions, are widely different;

and the superiority, upon the whole, is largely on the side of the

so-called barbarian. In the majority of instances, excepting where

ecclesiastical ambition and monastic prejudice perverted the ends of

legislation, the laws of the Visigoths were uniformly framed for the

protection of the weak, the relief of the oppressed, and the general

welfare of society. Unlike the practice of more civilized nations in

comparatively recent times, the judicature of the former confined

its penalties to the personality of the offender, and imposed no

disabilities, either by forfeiture or attainder, upon his innocent

relatives and descendants. It restrained the tyranny of the monarch;

it defined with conciseness and accuracy the rights of the subject;

it accorded unprecedented concessions to the widow and the orphan;

it respected the unfortunate and helpless condition of the slave. It

prohibited encroachments upon personal liberty, and declared the sale

of a freeman to be equivalent in atrocity to the crime of homicide.

In almost every provision which did not conflict with the claims of

the priesthood, it hearkened to the voice of mercy and humanity. By

the constant menace and certain infliction of civil degradation,

confiscation, and perpetual servitude, it secured the fidelity of

the judges and fiscal officers of the state. It accepted the great

principle of the Salic law, and, with worldly prudence, forbade the

election of a female sovereign. But, when the theocratic influence

which pervaded every branch of the Gothic constitution comes to be

examined, its effect upon contemporaneous legislation is seen to be

pernicious and deplorable. The power of the clergy was irresponsible,

ubiquitous, and thoroughly despotic. It dictated the proceedings of

every assembly. It whispered suggestions of questionable morality

in the ears of the monarch. When thwarted in its unholy aims, its

vengeance was implacable. The abuse of the convenient and formidable

weapon of excommunication had not reached the extreme which it

subsequently attained, yet the all but omnipotent hand of the

priesthood was already able to invade the privacy of domestic life,

to interfere with the sensitive and delicate mechanism of commerce,

to violate the rights of property, to desecrate the sacred precincts

of the grave. Ecclesiastical intolerance dictated the passage of

ex-post-facto laws, a measure whose monstrous injustice is patent

to every unprejudiced mind. The disability imposed upon the Hebrew

race, and the savage spirit of the canons enacted for its oppression,

point significantly to the prospective horrors of the inquisitorial

tribunals. The practice of sorcery and magic--so dreaded in an age

of intellectual inferiority, and especially offensive to the Church,

which tolerated no wonder-workers outside of its own pale--was severely

reprobated, and punished with excessive severity. The ends of the

clergy, when not obtainable by the arts of controversy, were secured

by other means not unfamiliar to the intriguing courtiers of mediæval

Europe; its propositions were advanced with caution and debated with

consummate skill; and its arguments were either insinuated with more

than Jesuitical adroitness, or urged with all the energy of sacerdotal

zeal.

In its respectable antiquity; in the sublime morality inculcated by

its precepts; in the obligations incurred by every nation which has

drawn upon its accumulated stores of wisdom; in its freedom from the

dishonorable expedients of legal chicanery; in the simplicity of its

procedure; in the certainty and celerity required by the practice of

the tribunals where its authority was acknowledged; in the inflexible

impartiality with which it invested the decisions of those tribunals;

in its well-founded title to public confidence; the Visigothic Code

is without parallel in the annals of jurisprudence. But great as are

its claims upon the gratitude and reverence of the jurist and the

legislator, they are scarcely comparable to the indebtedness imposed

upon the historian. The meagre information to be gleaned from the works

of native chroniclers is, in great measure, thoroughly unreliable.

The literature of the age, scanty in itself, consists mainly of the

recital of ecclesiastical fables, the martyrdom of legendary saints,

the discovery of spurious relics, the averting of calamities by

invocation and miracle, and trivial incidents in the lives of holy

men and women, whose preternatural gifts the indulgent credulity of

their biographers has handed down to the contempt and ridicule of

posterity. The pages destined for such records were too precious to be

defiled by the accounts of wars and insurrections and the interesting

descriptions of mediæval society. The diligence of the compilers of

the Forum Judicum has, however, largely supplied the deficiencies

of the monkish annalists. In their various civil and prohibitory

enactments, they have unconsciously delineated the follies, the vices,

the superstitions, and the crimes of the age. The penalties imposed

for the violation of statutes denote infallibly the barbarian origin

of those who formulated them. The law of retaliation--tolerated only

among the lowest races of men--occurs repeatedly among the provisions

of the Visigothic Code. The deterrent effect of criminal legislation

was almost always subordinated to considerations of vengeance. The

magistrate was regarded as the vindicator of wrong, rather than the

calm representative of judicial dignity and the impartial interpreter

of the laws. Scalping, maiming, blinding, scourging, branding,

emasculation, were punishments prescribed without discrimination, for

offences varying widely in the nature and degree of misconduct and

criminality. The period of transition which separated the barbaric

rudeness of Adolphus and the effeminate luxury of Roderick is

traceable, step by step, in the progressive legislation of centuries.

The rise and consolidation of ecclesiastical power; the limitation

of the royal prerogative; the decline of the insolent pretensions of

the nobility; the elevation of the peasant from the position of a

beast of burden to a self-respecting being, who, however steeped in

ignorance he might be, was always sure of an impartial hearing before

the magistrate; are there related with all the fidelity and minuteness

of a chronicle. There too are depicted the sources of that inspiration

which animated and sustained the sinking hopes of the founders of the

Spanish monarchy, from its organization as a little principality in the

Asturias, down through the turbulent era of Moorish domination, until

it attained the summit of greatness as the dictator of Europe and the

arbiter of Christendom. These are the general characteristics of that

incomparable monument of jurisprudence whose noble conceptions of the

ends of legislation are best expressed in its own concise and energetic

language:

“The law is the rival of divinity, the messenger of justice, and the

guide of life. It dominates all classes of the state, and all ages

of humanity, male and female, the young and the old, the wise and

the ignorant, the noble and the peasant. It is not designed for the

promotion of private aims, but to shelter and protect the general

interests of all. It must adjust itself to time and place, according

to the condition of affairs and the customs of the realm, and confine

itself to exact and equitable rules so as not to lay snares for any

citizen.”

Lost in the confusion attending the Conquest, the Forum Judicum was

carefully preserved by the Moors for the benefit of future generations;

and, recovered when the Moslem capital was taken by St. Ferdinand, it

was subsequently translated into Castilian.

Among the nations composing the heterogeneous population of Spain, the

most important in intelligence, wealth, commercial activity, and talent

for administration, in ancient times, were the Jews. Classed with the

first colonists of the Peninsula, the earliest mention of Iberia by

the Greek and Roman historians represents the Jewish population as

already rich and prosperous. If we consider their intimate relations,

kindred interests, alliances by marriage, and common inclination for

traffic, with their Tyrian neighbors, it is not improbable that the

settlement of the Hebrew in Bætica was coincident with that of the

Phœnicians. The first National Council that assembled at Illiberis in

325--the same year in which were determined the principles of orthodox

Christianity as set forth in the Nicene creed--inaugurated the long and

bloody persecution which finally culminated in the wholesale expulsion

of the unfortunate race by Philip V. By the canons of this council,

the blessings of the rabbi, to which the husbandman seemed to attach

a virtue and an importance equal if not superior to those presumed

to attend the benediction of the priest, and which custom from time

immemorial had invoked upon the growing crops, was declared an offence

against religion, punishable by summary expulsion from the Church.

The morose spirit of ecclesiastical bigotry did not hesitate to

violate the rites of hospitality and cast a shadow over the amenities

of social life. With an exquisite refinement of malice, it pronounced

subject to excommunication all who, even in cases of charity or under

circumstances of the most urgent necessity, shared their food with

a Jew. The passive submission of the entire race to the barbarian

invader procured, however, for its members, in many instances, a

degree of consideration not enjoyed by their Christian neighbors. With

their natural talents for business, their capacity for intrigue, and,

above all, their superior knowledge of mankind, they were not long in

securing the confidence of the conquerors. Under the Arian sovereigns,

their religious opinions remained for generations unquestioned, and

their worship unmolested. But hardly had the nation renounced its

ancient communion, before the disturbing spirit of the new hierarchy

began to assert itself. The edict of Sisebut, in 612, published the

decrees of the Third Council of Toledo which had been drawn up for

the pious purpose of “eradicating the perfidy of the Jews,” whose

general prosperity and political power had aroused the apprehensions

of the priesthood. From this era until the accession of Roderick in

709, the legislation of the councils relating to the Jews presents the

extremes of brutal harshness and occasional liberal indulgence. In all

these enactments, however, the offensive qualities of injustice and

malevolence largely preponderated. The aggressiveness of Catholicism

demanded instant and uncompromising submission to its creed. What

was at first attempted by the imposition of civil disabilities was

soon after exacted by degrading insults, by torture, by slavery,

and by death. Such was the unrelenting ferocity of this persecution

that it awakened at times the indignation even of a semi-barbarous

and fanatical age. But despite continuous and systematic repression,

this maligned and down-trodden race prospered; the forbearance of

royal and ecclesiastical inquisitors was purchased, and the clamors

of furious zealots were silenced by opportune contributions to the

monastic orders; for the services of the most capable diplomatists

and financiers of the time could not be dispensed with in a society

where even a large portion of those who devised measures for their

oppression could neither read nor write. The superiority of the Jews

was also indicated by the prices they commanded when their liberty

had been forfeited by law. While slaves of other nationalities ranked

as “bestias de cuatro pies,” and were purchasable upon the same terms

as a horse or an ox, the Jew was worth a thousand crowns. The great

possessions of the Gothic nobles, which the universal illiteracy of

the latter made them incompetent to manage, rendered the shrewd and

accomplished Hebrew a necessary steward. He enjoyed the confidence

of the monarch. He administered the royal revenues, always with

discernment and in most instances with fidelity. His advice was eagerly

solicited in exigencies of national importance, and in the crooked arts

of diplomacy he proved more than a match for the ablest negotiators

of the age. His wealth, his political and social influence, which he

preserved in defiance of civil disabilities and ecclesiastical malice,

his scholastic attainments, the elegance of his manners when contrasted

with Teutonic rudeness; all of these qualities ingratiated him into

the favor of the palatines, by whom he was often treated with the

consideration deserved by a friend, rather than with the abhorrence due

to an outcast.

The political organization and legal privileges which the Jews

possessed in the early days of the Visigothic monarchy magnified

their importance, increased their wealth, and fostered their spirit

of exclusiveness. The latter feeling was also strengthened by the

policy of separation which it was deemed expedient to adopt, during

the Middle Ages, in Christian communities, towards the Hebrew race.

For a considerable period of the Gothic dominion, the Jews were

confined to a certain quarter of every city and village, over which

magistrates of their own blood exercised both civil and criminal

functions, unrestricted, save in questions that affected the national

faith or where personal injury had been inflicted upon a Christian. The

jurisdiction of each provincial assembly was rigidly subordinated to

the supreme authority of the central synagogue. The territory beyond

the limits of the town--which was often entirely Jewish--was subject to

the control of a governor who was responsible only to the sovereign.

At one time the Jews controlled the most important landed interests of

the kingdom. The prejudice attaching to payments for the use of money

did not deter the Hebrew banker from the practice of usury, although

the legal rate of thirty-three per cent. certainly offered sufficient

inducements to abstain from the violation of the law which he either

secretly evaded or openly defied.

The activity displayed by the Jews of the Peninsula in every department

of science, literature, government, commerce, agriculture, and finance

was incessant and indefatigable. No contemporaneous people could boast,

in proportion to their numbers, so many men of genius and erudition.

Their influence was so extensive that it was acknowledged alike in the

hovel of the peasant and in the council chamber of the king. Their

powerful individuality survived the cruel impositions which repressed

their enterprise, but could not damp their ardor; and the patriotism

which attached them to a country in which they were only tolerated as

exiles, was sufficient to induce their descendants to heartily aid,

by every means in their power, the famous princes and warriors whose

capacity and resolution supported, amidst continuous disaster and

defeat, the doubtful fortunes of the struggling monarchy of Castile.

In their application to the mechanical arts, and in their development

of architecture, the Visigoths disclosed rather an imitative faculty

than a spirit of marked originality. What is known to us as the Gothic

style owes nothing to that nation to which popular belief has ascribed

its invention, and, in fact, was not introduced into Spain until

the thirteenth century. The name has been arbitrarily given it to

distinguish the pointed arch--its principal characteristic--from the

rounded one peculiar to the edifices of Rome. The rude and primitive

structures of the German forests, constructed of logs, stained with

mud, and designed solely for purposes of shelter and defence, could

neither suggest nor transmit traditions of architectural elegance and

beauty. The sight of the noble memorials of Roman genius which had

escaped the destructive impulses of the predatory barbarian, erelong

inspired the uncouth conqueror with the spirit of emulation. In the

Iberian Peninsula these vast and splendid structures abounded. The

walls which once encompassed the seats of its proconsul; the fanes

from whence had arisen the incense to its gods; the colonnades which

adorned its capitals; the aqueducts rising to prodigious heights,

and surmounting difficulties which would have perplexed any engineer

save a Roman, were worthy of one of the richest provinces of the

empire. From such models the Visigothic architect, wholly destitute of

experience, yet animated by the desire of imitating an excellence which

had awakened his admiration, designed the palace and the basilica.

The wealth which, from the earliest times, Spain has lavished upon

her children, furnished the means, while the religious spirit which

pervaded every class of society afforded the incentive, for public

display and private munificence. An innumerable body of slaves and

dependents, available at a moment’s notice, facilitated the rapid

construction of edifices of the largest proportions. Churches grand in

dimensions and barbaric in decoration were erected by priests, abbots,

and private individuals, whose generosity was commensurate with their

devotion. Before the shrines of these temples were deposited vases,

reliquaries, diptychs, crosses, of precious materials and curiously

intricate patterns. The religious enthusiasm of the Gothic princes,

mingled perhaps with a certain share of worldly ambition, impelled them

to a generous rivalry, and nourished in the bosom of each the desire

to surpass his predecessor in liberality to the Church. Hence the

various temples were, under each successive reign, enriched with royal

gifts of inestimable value and ostentatious magnificence. Sacramental

tables of gold studded with emeralds, diamonds, and sapphires, whose

wondrous beauty and richness Saracen tradition has transmitted to

posterity, with monstrances and ciboria of ingenious design and

encrusted with jewels, formed a portion of the pious donations of

the sovereigns of the Goths. The influence of the arts and taste

of Byzantium, communicated through the channels of commerce, the

interchange of civilities, and the frequent intercourse between the

courts of Constantinople and Toledo, appears in the mural ornamentation

of the temples and in the vessels of their shrines, as well as in

the habitations, utensils, and trinkets of the people. Geometric

forms and floral designs--afterwards so popular among the Moors, who

unquestionably derived them largely from this source--were almost

exclusively employed by the Gothic goldsmiths and architects. Vines,

leaves, buds, and quatrefoils enter into almost every combination

in great variety and with charming effect. The churches were dimly

lighted by means of marble slabs pierced with intersecting cruciform

apertures, which increased the mystery and awe of the interior, devices

which are visible to-day in places of worship as widely separated and

of as originally diverse character as the chapels of the Asturias

and the Mosque of Cordova. As soon as the rage and hatred inspired

by the resistance of their enemies--and which was wreaked upon the

edifices of the latter with hardly less vindictiveness than upon

the ranks of their legions--had been allayed, a desire to profit by

the skill and experience of their Roman subjects became paramount;

new structures of simple design and enduring materials arose in the

cities; the ancient monuments were spared; and the superior state of

preservation which distinguishes the Roman remains in the Peninsula

affords incontrovertible evidence of the enlightened appreciation of

the Visigoths.

In the encouragement of the useful and elegant arts, the Visigoths

displayed an enterprising spirit considerably in advance of the other

branches of the great Teutonic nation. Manufactures of clothing, glass,

armor, weapons, thread, and jewelry are known to have existed in their

dominions. But it is in the fabrication of church furniture, votive

offerings, and utensils designed for the service of the altar, that

the labors of their artisans are best known to us. In the province

of Guarrazar, a few miles from Toledo, was accidentally discovered,

in the middle of the last century, a deposit of objects which had

evidently been hastily buried by the priests on the approach of the

Saracen invader. It was composed of a number of votive crowns--some

of which were inscribed with the names of the donors--sceptres,

censers, crosses, candlesticks, lamps, chains, girdles. All of these

were of gold enriched with precious stones. The ignorance, fear, and

avarice of the peasants who discovered this treasure resulted in the

dispersion and loss of the most precious portion of it; but the crowns

were saved, and are now in the Hotel de Cluny at Paris, and the Royal

Armory at Madrid. These articles enable us to form an excellent idea

of the condition of the arts at the beginning of the eighth century.

The accounts given by Christian and Arab historians of the Visigothic

kings, and of the enormous booty obtained by the Moors, had, until this

discovery was made, been ridiculed by critics as exaggerations, due

to the national vanity of both conquered and conqueror. From even a

cursory examination of these objects--unique in the world--can readily

be detected the taste and style of the Byzantine, whose influence over

the artistic traditions of the Peninsula, far from disappearing with

the Gothic dynasty, was exhibited in some of the most magnificent

creations of the Moslem domination. The clumsy but massive patterns

of the crowns show that the value of the materials was taken into

consideration, quite as much as the labor that was expended upon them.

From their ornamentation is revealed a not inconsiderable familiarity

with the art of the enameller. Some of the settings are of polished

silicates, inserted, probably by way of contrast, at intervals in lines

of uncut gems. The accuracy with which they are adjusted and their

points united is indicative of long practice and extraordinary skill. A

separate intaglio belonging to the same treasure discloses a hitherto

unsuspected degree of perfection in the glyptic art. The carving of

stones as hard as the jacinth gives us a still further acquaintance

with the skill of the Gothic lapidary, and the delicacy of the filigree

borders is of almost equal excellence with the best work of modern

Italy.

While the manufactures of Gothic Spain were due to the talents and

industry of slaves, its commerce was monopolized by foreigners. The

genius of the barbarian, fearless in adventure upon land but too

indolent for application to mercantile employments, instinctively

shrank from the perils and the hardships incident to protracted

navigation of the seas. In agriculture, however, great progress was

made. Pastoral occupations had been largely superseded by the tillage

of the soil. The character of the various enactments relating to real

property shows the importance with which that branch of the law was

already invested, and the attention its occupancy and its tenures had

received from the legislative power. In literature the Visigoths could

boast of few productions of merit, and what we designate by the name

of science was to them totally unknown. But a single name, that of

San Isidoro of Seville, one, however, famous in every department of

knowledge--historian, polemic, commentator, theologian, and saint--has

emerged from the chaos of literary obscurity which enveloped the life

of Visigothic times. His acquirements were prodigious for the age.

The oracle of ecclesiastical councils, his writings were perhaps more

voluminous than those of any other author that Spain has ever produced,

and they are still regarded by Catholic divines as authoritative in

settling controverted points of doctrine.

The practice of medicine--in addition to being subordinated to the

irresponsible intervention of the priesthood, whose imposture reaped

a profitable harvest by the working of spurious miracles and by

the application of relics--was hampered by the prejudices of the

ignorant, and by the absurd restrictions imposed by the jealousy of

an ecclesiastical legislature. No matter how pressing the necessity,

a physician was not permitted to attend a free woman unless her male

relatives were present. If great weakness resulted from his treatment

he could be heavily fined, and in case death ensued he was abandoned

to the vengeance of the family of his patient. The law, however,

as a partial compensation for the inconveniences to which he was

subjected, exempted him from imprisonment for all crimes save that

of murder. A limited knowledge of anatomy and some, acquaintance

with the fundamental principles of surgery were possessed by these

practitioners, as is disclosed by their successful operations for

cataract. Their compensation was regulated by statute, and was,

besides, subject to special agreement; but, in case the patient was not

cured, no fee could be collected, and the physician was liable, at all

times, to prosecution for flagrant acts of malpractice.

The empire of the Visigoths, during the period of its greatest

prosperity, extended from the valleys of the Loire and the Garonne

to the Mediterranean. The surrender of a portion of this territory

to Clovis consolidated the power of both the kingdoms of France and

Spain, by adopting for their common boundary the natural rampart of the

Pyrenees. The tastes and traditions of the Teutonic nation, heretofore

averse to sedentary occupations, and considering all labor, and

especially the cultivation of the soil, as degrading to the character

of a freeman, caused such employment to be abandoned to the former

subjects of the Roman Empire; nor was it until several centuries had

elapsed, and the advantages resulting from industrious tillage had

been demonstrated, that this prejudice was in some degree removed. At

all times during the sway of the Visigoths, every species of manual

labor was largely performed by slaves. The institution of colleges

of artificers--a custom inherited from the most polished nation of

antiquity--had been adopted by the barbarian conquerors, and the

slaves composing these bodies, where the talents of the father were

transmitted to the son, were naturally ranked among the most valuable

of personal possessions. Large numbers of these artisans were the

property of the Crown and of the Church, being respectively under the

control of the Royal Treasurer and the Bishop, and the unique specimens

of the goldsmith’s skill which the fortunate discovery at Guarrazar has

preserved for us, reveal to what proficiency in the mechanical arts

these accomplished bondmen had attained.

The greatest luxury and pomp were indulged in by the Visigothic nation,

a people which the world still calls barbarian. Their palaces were

encrusted with precious marbles. The furniture of their apartments

was of the most expensive character. The garments of the nobility

were of silken fabrics embroidered with gold. The ladies of the court

used for their ablutions basins of silver, and admired their beauty

in exquisitely chased mirrors set with jewels. The horses of the

royal household were covered with harnesses and trappings blazing

with the precious metals. A hundred wagons laden with baggage and all

the paraphernalia of boundless extravagance followed in the train of

the monarch. Such was the lavish expenditure of even the middle and

lower classes, that it became necessary to enact a law prohibiting

the bestowal of a dowry of more than one-tenth of the property of a

bridegroom upon the bride.

Not only did the Visigoths strive to imitate their Roman subjects in

the style and finish of their edifices, but in every public employment,

in every department of art and labor, was the potent influence of the

subjugated people visible. The organization of the various corps and

divisions of the army was modelled after that of the legion. The most

popular amusements were, with the exception of gladiatorial combats,

identical with those which had excited to frenzied enthusiasm the

vast audiences of Rome and Constantinople in the circus and the

amphitheatre. The dress of the citizen, the armor of the soldier,

were Roman; the ornaments of the ladies, the insignia of royalty, the

decorations of the churches, were Byzantine. The language in common

use was a barbarous and bastard Latin. The fusion of hostile races,

the amalgamation of the conqueror and the conquered, that political

problem which has taxed the skill of the wisest statesmen, was almost

brought to a successful solution by the broad statesmanship of the

Visigothic sovereigns. The adoption and enforcement of a uniform and

well-conceived body of laws did much to accomplish this end. But the

acceptance of orthodox Christianity as the recognized form of national

faith, and the legalizing of intermarriage between the different

peoples of the Peninsula, by their tendency to remove the formidable

barriers raised by caste, which had hitherto isolated the various

classes of society, did far more to promote the union of the discordant

elements of society. The Basques--constant types of the primitive

Iberian--alone, among the multifarious tribes which acknowledged the

supremacy of the court of Toledo, have preserved their nationality,

and have obstinately refused to surrender those distinctive racial

peculiarities that have made them for centuries the subject of the

entertaining speculations of the ethnologist.

In some respects a striking parallel, in others a decided contrast

existed between Goth and Arab, representatives of the Aryan and Semitic

branches of the human family, who crossed swords in Europe for the

first time in history, on the plains of the Spanish Peninsula. Between

these two great ethnographical divisions, a spirit of irreconcilable

enmity has always prevailed. No fusion between them has ever been

effected. Where one has obtained ascendency in any part of the world,

the other has either preserved its special traits or gradually become

extinct. Considerations of political expediency, the claims of divine

revelation, the benefits of trade, the ultimate prospect of national

union and social equality, have not been sufficient to counteract

the influence of an antagonism which anticipates all human records

in its antiquity. The customs of nomadic peoples are proverbially

persistent; their occupation frequently survives the change of

residence, the accidents of migration, and the influence of new and

radically different associations. Both the Goths and the Arabs placed

their principal dependence upon their flocks and herds, but neither

ever hesitated to exchange the crook of the shepherd for the spear

of the robber. The love of war and violence was the predominating

characteristic of both. They had a common admiration for courage as

the greatest of virtues; a common appreciation of the noble qualities

of personal liberty, of private honor, of generous hospitality. Their

habits were slothful, their existence precarious. Their jealousy of

power forbade their acknowledgment of royal authority. They considered

all industrial employments as beneath the dignity of manhood.

Their worship was tainted with the most objectionable features of

idolatry,--the adoration of stones, the practice of fetichism, the

horrors of human sacrifice. Alike were they drunkards and desperate

gamesters, who eagerly placed their liberty at stake, whose revels

resounded with brawling, and whose disputes were settled with the

sword. They recognized no permanent ownership in the soil, possessed

little portable wealth, were ignorant of the arts and without the

knowledge of letters. Like all barbarians, they believed disease

and insanity to be caused by demoniacal possession. With both, love

of poetry was a passion, and the personality of the bard the object

of almost idolatrous reverence. Such were the traits common to two

nations, separated by a distance of eighteen hundred miles, ignorant of

each other’s existence, and living under entirely dissimilar climatic

conditions. The atmosphere of the Baltic was perpetually cold and

damp, that of Arabia dry and torrid almost beyond endurance. Eastern

Europe was covered with dense forests, traversed by noble rivers, and

dotted with impassable swamps. In the Desert nothing was so rare as a

tree or rivulet. The physical conformation of the Goth and the Arab

respectively was controlled by his environment to an even greater

degree than was the mental constitution of either. The former was

of giant stature and strength, and of fair complexion; the latter

slender. nervous, and swarthy. With the Goth, female chastity was held

in the highest esteem; with the Arab, it was the subject of caustic

epigram, of jest, and of satire. The Goth, a monogamist, knew nothing

of the pleasures of gallantry; the polygamous Arab placed indulgence

in them second only to the excitement of battle. The Goths were among

the first and most devout proselytes of Christianity; the Arabs have

ever obstinately refused to acknowledge the divinity of Christ or the

superior authority of the Gospel.

That invincible prowess which, nurtured by poverty and an abstemious

life, was displayed with equal distinction and success amidst the

forests of Europe and on the sandy plains of Africa, was the potent

weapon which obtained for each of these great nations supremacy over

their adversaries; an advantage which, through internal dissension,

sectarian prejudice, and social corruption, was eventually lost; but

not until the moral and physical peculiarities of both had impressed

themselves upon their contemporaries, so deeply as to insure their

transmission, with but little modification, to subsequent ages.

The spirit of the Visigoths was, almost from the first, decidedly

progressive. This general tendency towards improvement, and a desire

for the blessings of civilization, stimulated commercial activity,

increased domestic happiness, and opened a field for the development of

art, the advancement of science, the strict administration of justice,

and the consequent decrease of brutality and crime. The wisdom of

the Gothic polity and the equity of its laws afford a pleasing and

instructive example of the capacity of a people to raise itself unaided

from barbarism--a people which, in addition to the romantic interest

attaching to its history, is entitled to the grateful remembrance

of mankind for the beneficent influence it has exerted upon the

political institutions and the social order of Europe; as well as for

the creation of a judicial system whose merits and whose principles,

confirmed by the experience of centuries, are still acknowledged by the

most august tribunals of the civilized world.

History of the Moorish Empire in Europe, Vol. 1 (of 3) · 第 5 / 18 章