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By Root 10850 0

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.

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 improvement 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 by the situation of Spain under the reign of the Visigoths. The provincials were long separated from their Arian masters by the irreconcilable difference of religion. After the conversion of Recared had removed the prejudices of the Catholics, the coasts, both of the Ocean and Mediterranean, were still possessed by the Eastern emperors; who secretly excited a discontented people to reject the yoke of the Barbarians, and to assert the name and dignity of Roman citizens. The allegiance of doubtful subjects is indeed most effectually secured by their own persuasion, that they hazard more in a revolt, than they can hope to obtain by a revolution; but it has appeared so natural to oppress those whom we hate and fear, that the contrary system well deserves the praise of wisdom and moderation.

While the kingdom of the Franks and Visigoths were established in Gaul and Spain, the Saxons achieved the conquest of Britain, the third great diocese of the Præfecture of the West. Since Britain was already separated from the Roman empire, I might, without reproach, decline a story familiar to the most illiterate, and obscure to the most learned, of my readers. The Saxons, who excelled in the use of the oar, or the battle–axe, were ignorant of the art which could alone perpetuate the fame of their exploits; the Provincials, relapsing into barbarism, neglected to describe the ruin of their country; and the doubtful tradition was almost extinguished, before the missionaries of Rome restored the light of science and Christianity. The declamations of Gildas, the fragments, or fables, of Nennius, the obscure hints of the Saxon laws and chronicles, and the ecclesiastical tales of the venerable Bede, have been illustrated by the diligence, and sometimes embellished by the fancy, of succeeding writers, whose works I am not ambitious either to censure or to transcribe. Yet the historian of the empire may be tempted to pursue the revolutions of a Roman province, till it vanishes from his sight; and an Englishman may curiously trace the establishment of the Barbarians, from whom he derives his name, his laws, and perhaps his origin.

About forty years after the dissolution of