SECTION I.
polity exhibited the germ of some of those institutions, which, with other nations, and under happier auspices, have formed the basis of a well-regulated constitutional liberty.[1]
Invasion of the Arabs But, while in other countries the principles of a free government were slowly and gradually unfolded, their developement was much accelerated in Spain by an event, which, at the time, seemed to threaten their total extinction,—the great Saracen invasion at the beginning of the eighth century. The religious, as well as the political institutions of the Arabs, were too dissimilar to those of the conquered nation, to allow the former to exercise any very sensible influence over the latter in these particulars. In the spirit of toleration, which distinguished the early followers of Mahomet, they conceded to such of the Goths, as were willing to continue among them after the conquest, the free enjoyment of their religious, as well as of many of the civil privileges which they possessed under the
- ↑ Some of the local usages, afterwards incorporated in the fueros, or charters, of the Castilian communities, may probably be derived from the time of the Visigoths. The English reader may form a good idea of the tenor of the legal institutions of this people and their immediate descendants, from an article in the sixty-first Number of the Edinburgh Review, written with equal learning and vivacity.
1815,) lib. 3, tit. 1, ley 1.)—The Visigothic code, Fuero Juzgo, (Forum Judicum,) originally compiled in Latin, was translated into Spanish under St. Ferdinand; a copy of which version was first printed in 1600, at Madrid. (Los Doctores Asso y Manuel, Instituciones del Derecho Civil de Castilla, (Madrid, 1792,) pp. 6, 7.) A second edition, under the supervision of the Royal Spanish Academy, was published in 1815. This compilation, notwithstanding the apparent rudeness and even ferocity of some of its features, may be said to have formed the basis of all the subsequent legislation of Castile. It was, doubtless, the exclusive contemplation of these features, which brought upon these laws the sweeping condemnation of Montesquieu, as "puériles, gauches, idiotes,—frivoles dans le fond et gigantesques dans le style." Esprit des Loix, liv. 28, chap. 1.
