The History of the Decline and Fall of the Roman Empire - Edward Gibbon [1184]
The same rules were observed in the provincial assemblies, the annual synods, which were empowered to hear complaints, and to redress grievances; and a legal government was supported by the prevailing influence of the Spanish clergy. The bishops, who, in each revolution, were prepared to flatter the victorious, and to insult the prostrate labored, 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 this 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. ^124
[Footnote 123: Such are the complaints of St. Boniface, the apostle of Germany, and the reformer of Gaul, (in tom. iv. p. 94.) The fourscore years, which he deplores, of license and corruption, would seem to insinuate that the Barbarians were admitted into the clergy about the year 660.]
[Footnote 124: 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, 14, 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. Generale de l'Espagne, tom. ii.) very useful and accurate guides.]
One of these legislative councils of Toledo examined and ratified the code of laws which had been compiled