The Liber iudiciorum is a code of legal law of the Visigoth Empire, promulgated by King Recesvinto, probably in 654, after being revised during the VIII Council of Toledo. It is territorial in nature and makes express reference to the administration of justice by judges.
This work, which brings together a large number of laws, is known as the Book of Trials, Liber iudicum, the Book of Judges and Lex Visigothorum. One of its most important features is its unique applicability. Only what was contained in this code was considered legal and current.
That is, this code was the only thing that was valid in a trial and had to be applied by a judge or, failing that, by the king himself. It is also called the Recesvinto Code (653-672), because this king was the one who approved it. In addition, Recesvinto was the author of a part of the 578 laws it contained.
It is a legal compendium that collects part of the old Visigothic laws and the foundations of Roman law; its application spread to all Visigoths and Romans. When the Liber iudiciorum came into force, the previous laws (the Code of Leovigildo and the Breviary of Alaric) were repealed.
Background
The Visigoths distinguished themselves among the other Germanic peoples of this time by the importance they attached to legislation. They were characterized by compiling their norms and laws in codes. These rules of coexistence were transmitted throughout the Middle Ages, even to the present day.
The custom of the Toledo monarchs, to group their laws in codes for their application and consultation, developed during the 5th, 6th and 7th centuries. The Liber iudiciorum contains many norms of Roman law; perhaps because of this, when it was approved, it encountered no resistance among the people and the most prominent classes of Roman society.
In addition, Roman laws had many centuries without being revised and updated to adapt them to the new times. Nor were there Roman authorities with the knowledge and power to change them.
In reality, the Visigoth laws were not for the use of the lower classes of society, but mostly served the more powerful classes.
Petty crimes and common civil lawsuits were often solved by ecclesiastical authorities (bishops or priests). Conflict resolution was done according to ancient Roman law or common sense.
The Visigoth kings received their laws and legal principles from the Roman Empire, but also the legislative technique. They assimilated it so much that they were able to draft many laws, particularly this code of law, which is recognized as the most important work of Visigothic legislation.
The text of the Liber iudiciorum preserves many foundations of Roman law. It collects norms of frequent use in the Eurician code; likewise, it incorporates other precepts of the Roman law, which were passed to the Breviary (Catholic liturgical book).
However, it has a rather nationalistic or anti-Roman orientation, which is observed in the criminal laws dictated by King Leovigildo, as well as in the private law laws of the Chindasvinto and also Recesvinto kings.
In general, the code retained about two-thirds of the ancient laws of the Goths, despite the substantial change it introduced. However, for the Romans it did represent a novelty, despite the fact that it incorporated many of its rules and principles. Later, with the laws corrected by King Recesvinto, the change for the Goths increased.
Revisions to the code
It is the first complete code that manages to unite and mix in the same work the Roman legal tradition with practical or customary law. The code is destined to regulate the Goths and Roman peoples, eliminating the duality of the legal system that had lasted until then.
After promulgating the code, King Recesvinto continued to dictate other laws. The same did the monarchs who succeeded him on the Visigothic throne, Wamba and Ervigio (680-687). King Ervigio ordered the complete revision of the Liber iudiciorum and a new redaction.
In the year 681, with the celebration of the XII Council of Toledo, new laws were inserted into the code.
Some others were suppressed or corrected and, in the following years, other revisions were made without practical success, except one revision made by anonymous jurists, who incorporated some laws passed by the Kings Egica and Witiza, and suppressed others.
Despite the fact that this edition of the Liber iudiciorum code known as the vulgate was not officially sanctioned, it was the best known during the Reconquest. Medieval law texts refer to this edition as Forum iudicum or Lex gothica.
Structure
The Liber iudiciorum is structured in twelve parts or books, which in turn are subdivided into titles, like the Justinian Code. The laws are ordered by subject and are written in Latin, like all other Visigothic laws.
The code contained 578 laws at the time of its approval. 324 laws belonged to the previous Gothic legislation; of these, 99 laws corresponded to the period of Chindasvinto and 87 were approved during the reign of Recesvinto. In addition, there were 3 laws of King Recaredo and another 2 of Sisebuto.
Code books
I. The legislator and the law.
II. Administration of justice, deeds and wills.
III. Marriages and divorces.
IV. Successions, inheritances and guardianships.
V. Donations, sales and other contracts.
SAW. Criminal law: crimes and torture.
VII. Criminal law: theft and fraud.
VIII. Criminal law: acts of violence and injuries.
IX. The army and the right of ecclesiastical asylum.
X. Property rights and prescription.
XI. Doctors and the sick; foreign merchants.
XII. Heretics and Jews.
Importance
The Liber iudiciorum code, and Visigothic legislation in general, are invaluable for the formation of Western law.
No later empire was as prolific in legislative production as the Visigoth. His legal contribution during the transition period from the ancient world to the beginning of the Middle Ages, is today recognized by the whole world.
The Visigoth codes were one of the most outstanding characteristics of this Empire and one of its greatest contributions to the Western world. Its regulatory breadth and high technical quality occupy a prominent place in the world of European and global law.
The Liber iudiciorum transcended its time and remained in Spain and other European countries as very important legal references.
In Spain, particularly during the Moorish conquest, it remained until the 13th century in various regions, and had a great influence on Castilian law and on the legislation of the 19th century.
Later, during the Reconquest, the code was translated into the Romance language (Jurisdiction judge) and is used in some cities in the south of the peninsula. The Liber iudiciorum was spread and applied during the Middle Ages. Such was its importance and significance that it is considered a source of current law.
References
- The «Liber iudiciorum». Retrieved March 30, 2018 from historiadelderecho.es
- José Orlandis Rovira: History of the Spanish Visigothic Kingdom. Consulted of books.google.co.ve
- Liber Iudiciorum. Consulted of es.wikipedia.org
- The legislative unit of the Liber Iudiciorum. Consulted of momentsespañoles.es
- Liber Iudiciorum. Consulted of enciclonet.com
- Liber iudiciorum (PDF) Consulted of dialnet.unirioja.es
- Liber Iudiciorum. Consulted of glossaries.servidor-alicante.com