The Liber Iudiciorum It is a code of legal law of the Visigoth Empire, promulgated by King Recesvinto, probably in the year 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 by the names of the Book of Trials., Liber iudicum, 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 in force.
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 that 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 Visigoth and Roman peoples. When the Liber Iudiciorum the previous laws were repealed (the Code of Leovigildo and the Breviary of Alaric).
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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 into codes for their application and consultation, developed during the 5th, 6th and 7th centuries. The Liber Iudiciorum collects many rules 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, the 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 laws or common sense.
The Visigoth kings received their laws and legal principles from the Roman Empire, but also the legislative technique. So much so they assimilated it that they were able to draft many laws, particularly this code of law, which is recognized as the most important work of Visigoth legislation..
The text of the Liber Iudiciorum preserves many foundations of Roman law. It collects norms of frequent use in the Euritian 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 incorporating many of its rules and principles. Later, with the laws corrected by King Recesvinto, the change for the Goths increased.
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 wording.
In the year 681, with the celebration of the XII Council of Toledo, new laws were inserted in the code.
Some others were suppressed or corrected and, in the following years, other revisions were made without practical success, except for a revision made by anonymous jurists, who incorporated some laws passed by the Kings Egica and Witiza, and suppressed others..
Although this edition of the code of the Liber Iudiciorum Known as vulgate, it was not officially sanctioned, it was the best known during the Reconquest. Medieval law texts refer to this edition with the name of Forum iudicum or Gothica lex.
The Liber Iudiciorum It 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.
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.
The code Liber Iudiciorum, and Visigothic legislation in general, have an incalculable value 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 preponderant place in the world of European and world law..
The Liber Iudiciorum It 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 (I judge) and is used in some cities in the south of the peninsula. The Liber Iudiciorum it was spread and applied during the Middle Ages. Such was its importance and significance that it is considered a source of current law.
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