laboured, with diligence and success, to kindle the flames of persecution and to exalt the mitre above the crown. Yet the national councils of Toledo, in which the free spirit of the Barbarians was tempered and guided by episcopal policy, have established some prudent laws for the common benefit of the king and people. The vacancy of the throne was supplied by the choice of the bishops and palatines; and, after the failure of the line of Alaric, the regal dignity was still limited to the pure and noble blood of the Goths. The clergy, who anointed their lawful prince, always recommended, and sometimes practised, the duty of allegiance: and the spiritual censures were denounced on the heads of the impious subjects who should resist his authority, conspire against his life, or violate, by an indecent union, the chastity even of his widow. But the monarch himself, when he ascended the throne, was bound by a reciprocal oath to God and his people that he would faithfully execute his important trust. The real or imaginary faults of his administration were subject to the control of a powerful aristocracy; and the bishops and palatines were guarded by a fundamental privilege, that they should not be degraded, imprisoned, tortured, nor punished with death, exile, or confiscation, unless by the free and public judgment of their peers.[1]
Code of the Visigoths One of these legislative councils of Toledo examined and ratified the code of laws which had been compiled by a succession of Gothic kings, from the fierce Euric to the devout Egica. As long as the Visigoths themselves were satisfied with the rude customs of their ancestors, they indulged their subjects of Aquitain and Spain in the enjoyment of the Roman law. Their gradual improvements in arts, in policy, and at length in religion, encouraged them to imitate, and to supersede, these foreign institutions; and to compose a code of civil and criminal jurisprudence, for the use of a great and united people. The same obligations and the same privileges were communicated to the nations of the Spanish monarchy: and the conquerors, insensibly renouncing the Teutonic idiom, submitted to the restraints of equity, and exalted the Romans to the participation of freedom. The merit of this impartial policy was enhanced- ↑ The acts of the councils of Toledo are still the most authentic records of the church and constitution of Spain. The following passages are particularly important (iii. 17, 18, iv. 75, v. 2, 3, 4, 5, 8, vi. 11, 12, 13, 15, 17, 18, vii. 1, xiii. 2, 3, 6). I have found Mascou (Hist. of the ancient Germans, xv. 29, and Annotations, xxvi. and xxxiii.) and Ferreras (Hist. Générale de l'Espagne, tom. ii.) very useful and accurate guides.
