Visigothic Code-Lex Visigothorum

Promulgated by King Chindasuinth (642–653 CE)

Lex Visigothorum

The original Visigothic laws, wholly based upon oral tradition, were first reduced to order and committed to writing by Euric, at Arles, in the latter half of the fifth century. This collection is unfortunately lost, but many of its provisions were incorporated into the Visigothic Code, although, no doubt, subjected to important and numerous modifications in the course of centuries. At the beginning of the sixth century, Alaric II. promulgated the Breviarium Alaricianum, a body of laws compiled mainly from the Codes of Justinian and Theodosius, whose collection was the source of the subsequent Lombard and Bavarian Codes. From the two compilations of Euric and Alaric, under the reigns of Kings Chintasvintus and Recesvintus, 649-652 CE, was formed the Forwm Judicum, or Visigothic Code; the most remarkable monument of legislation which ever emanated from a semi-barbarian people, and the only substantial memorial of greatness or erudition bequeathed by the Goths to posterity.

Like the Roman works on jurisprudence it is divided into twelve books, sub-divided into titles and chapters. The language in which it is written is monkish Latin, a barbarous jargon, extremely difficult to translate, and vastly different from the polished idiom of Tacitus and Cicero.

Unlike other Codes which preceded and followed it, it is deficient in regularity of classification and division, and, in that respect, signally differs from the Institutes of Justinian, whose arrangement was almost literally followed by Blackstone in his Commentaries on the Laws of England.

Visigothic Code was the foundation of the Spanish Inquisition and its diabolical procedure. From it were derived many of the dogmas, tortures, and penalties, of that awful tribunal; with the exception, that what was once only directed against a single sect, was destined eventually to include the votaries of every heresy.

The Visigoths were different from other barbarians, in that, in legislation and the management of their civil affairs, they manifested a sense of humanity, and a genuine philosophy, rarely to be found even among nations that are thoroughly civilized. They intermarried with the conquered race. Under their system, all persons were equal before the law. The distinction between citizen and foreigner, as defined by the Jus Civile and the Jus Gentium of Roman jurisprudence, was repudiated. The punishment for crime was graded according to the wealth of the offender, rather than according to the rank and station of the party injured.

Not until the reign of Leovigild, in the latter part of the sixth century, did the Gothic kings assume the outward marks and insignia of royalty. They did not differ in dress or general appearance from their subjects, nor was a conspicuous place reserved for them in the assemblies of the people; all classes were entitled to address their sovereign with familiarity; and, still retaining in his manners and demeanor the traces of his barbaric origin, he seemed rather the elective magistrate of a republic (which to all intents and purposes he was) than the supreme ruler of a great and powerful nation. The right of primogeniture, derived from feudalism, and omitted from the Salic Law, was likewise unknown to the Goths.

This famous Code consists of laws emanating from four different sources: first, those based on ancient Gothic customs; second, such as were adopted from the Roman jurisprudence; third, the acts of ecclesiastical councils; fourth, edicts of kings, promulgated at different times, according to the various exigencies that arose; all of which seem to have had equal validity. One of the most remarkable characteristics of this collection is the maintenance of the principle of legal responsibility, irrespective of wealth, rank, or dignity. Every precaution was taken to prevent the interference of the sovereign with the magistracy and the tribunals, in instances where the royal power might be improperly exerted to pervert the course of justice; and where the judge, yielding to superior influence, rendered an unjust decree, that decree was declared to be void.

In cases where an appeal was taken to the throne, the king, in consideration of the questions brought before him, was admonished to strictly observe the forms and principles of equity and to render his decision accordingly.

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 ensure 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.

The history of the Visigothic monarchy, especially after its adoption of Catholicism in 587 CE, 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 (Muslim) armies were in possession of the Spanish Peninsula.

The Visigoth Kingdom was conquered by Islamic militia in the year 711.

The law is the rival of divinity; the oracle of religion; the source of instruction; the artificer of right; the guardian and promoter of good morals; the rudder of the state; the messenger of justice; the mistress of life; the soul of the body politic.

Book-I

Arrangement of the Visigothic Code

• Book I: Concerning Legal Agencies
  • Title I: The Lawmaker
  • Title II: The Law
• Book II: Concerning the Conduct of Causes
  • Title I: Concerning Judges, and Matters to be Decided in Court
  • Title II: Concerning Causes
  • Title III: Concerning Constituents and Commissions
  • Title IV: Concerning Witnesses and Evidence
  • Title V: Concerning Valid and Invalid Documents and How Wills Should be Drawn Up
• Book III: Concerning Marriage
  • Title I: Concerning Nuptial Contracts
  • Title II: Concerning Unlawful Marriages
  • Title III: Concerning the Rape of Virgins, or Widows
  • Title IV: Concerning Adultery
  • Title V: Concerning Incest, Apostasy, and Pederasty
  • Title VI: Concerning Divorce, and the Separation of Persons Who Have Been Betrothed
• Book IV: Concerning Natural Lineage
  • Title I: Concerning the Degrees of Relationship
  • Title II: Concerning the Laws of Inheritance
  • Title III: Concerning Wards and Their Guardians
  • Title IV: Concerning Foundlings
  • Title V: Concerning Such Property as is Vested by the Laws of Nature
• Book V: Concerning Business Transactions
  • Title I: Ecclesiastical Affairs
  • Title II: Concerning Donations in General
  • Title III: Concerning the Gifts of Patrons
  • Title IV: Concerning Exchanges and Sales
  • Title V: Concerning Property Committed to the Charge of, or Loaned to, Another
  • Title VI: Concerning Pledges and Debts
  • Title VII: Concerning the Liberation of Slaves, and Freedmen
• Book VI: Concerning Crimes and Tortures
  • Title I: Concerning the Accusers of Criminals
  • Title II: Concerning Malefactors and their Advisors, and Poisoners
  • Title III: Concerning Abortion
  • Title IV: Concerning Injuries, Wounds, and Mutilations, Inflicted upon Men
  • Title V: Concerning Homicide
• Book VII: Concerning Theft and Fraud
  • Title I: Concerning Informers of Theft
  • Title II: Concerning Thieves and Stolen Property
  • Title III: Concerning Appropriators and Kidnappers of Slaves
  • Title IV: Concerning Custody and Sentencing
  • Title V: Concerning Forgers of Documents
  • Title VI: Concerning Counterfeiters of Metals
• Book VIII: Concerning Acts of Violence and Injuries
  • Title I: Concerning Attacks, and Plunder of Property
  • Title II: Concerning Arson and Incendiaries
  • Title III: Concerning injuries to Trees, Gardens, or Growing Crops of any Description
  • Title IV: Concerning Injury to Animals, and Other Property
  • Title V: Concerning the Pasturage of Hogs and Concerning Strays
  • Title VI: Concerning Bees, and the Damage They Cause
• Book IX: Concerning Fugitives and Refugees
  • Title I: Concerning Fugitives, and Those Who Conceal, and Assist Them in Their Flight
  • Title II: Concerning Those who Refuse to go to War and Deserters
  • Title III: Concerning Those Who Seek Sanctuary in a Church
• Book X: Concerning Partition, Limitation, and Boundaries
  • Title I: Concerning Partition, and Lands Conveyed by Contract
  • Title II: Concerning the Limitations of Fifty and Thirty Years
  • Title III: Concerning Boundaries and Landmarks
• Book XI: Concerning the Sick and the Dead and Merchants Who Come from Beyond
  • Title I: Concerning Physicians and Sick Persons
  • Title II: Concerning Those Who Disturb Sepulchres
  • Title III: Concerning Merchants Who Come from Beyond Seas
• Book XII: Concerning the Prevention of Official Oppression, and the Thorough Extinction of Heretical Sects
  • Title I: Concerning the Exercise of Moderation in Judicial Decisions, and the Avoiding of Oppression by Those Invested with Authority
  • Title II: Concerning the Eradication of the Errors of all Heretics and Jews
  • Title III: Concerning New Laws against the Jews, in which Old Ones are Confirmed, and New Ones are Added