No More Learning

Meanwhile, the
Burgundians, who had taken possession of Narbonne, combined with
the Franks, and besieged Aries: but they were defeated by the army of
Theodoric, under command of his general Ibbas, who compelled them to
withdraw from Carcassonne. Thus, almost all the cities of the province
of Narbonne, including the capital, were reconquered, and the whole of
Visigothic Spain was placed in subjection to Theodoric, albeit in the
name of Amalaric. The final episode of the war was the raising of the
siege of Aries in 510; this city was heroically defended by its inhabitants
assisted by the Ostrogothic general Tulum. Shortly afterwards (511)
Clovis died, and the city of Rodez reverted to the Visigoths. The part
of Provence which Theodoric had conquered remained, for the time
being, united to the other territories, but, on the death of Theodoric,
it became part of the Ostrogothic kingdom in consequence of a treaty
between Amalaric and Theodoric's successor Athalaric.
As regards internal policy, matters were settled on the following
terms: Amalaric, a minor, was to be king of the Visigoths, and his
grandfather Theodoric acted as his guardian. Indeed, for fifteen years,
Theodoric was the real ruler of the kingdom both in Gaul and Spain.
Theodoric tried to make his rule agreeable to the Visigoths. He adhered
to the system, privileges and customs of the time of Alaric; he remitted
taxation in the districts which had been especially impoverished by the
war; he supplied Aries with money and provisions, and in order that
his troops might not prove a burden to the inhabitants, he sent them
corn and gold from Italy. His conduct as a guardian was particularly
advantageous to Spain. He there displayed all the wise and vigorous
policy which had rendered so illustrious his rule in Italy and which was
all the more vital to Spain on account of the immorality and anarchy
which had crept into the government during the decline of the
Empire. Theodoric recovered for the Crown the exclusive right to
coin money, which was being exercised by a few private individuals; he
C. MED. B. VOt. II. CH. VI. 11


## p. 162 (#194) ############################################


162 Amalaric [526-533
contrived to put an end to the extortions practised by the collectors of
taxes and by the administrators of the royal patrimony (conductores
villici) to the detriment of the State funds. It appears that, in the
name of Theodoric, the Peninsula was at one time governed by two
officials, viz. Ampelius and Liberius, and at another by one alone, viz.
Theudis. Some of the chronicles allude to these officials as consules,
and it is probable that their authority extended over every branch of
the administration. On the death of Theodoric in 526, his ward
Amalaric assumed complete royal power over the Visigoths. The Frankish
peril, which had hitherto been held at bay by the prestige of the Ostro-
goths, still presented a threatening aspect. The sons of Clovis were
longing to extend their dominion in Gaul by the conquest of the part
occupied by the Visigoths. Amalaric attempted to avert the danger
by means of an alliance and, after repeated demands, he succeeded in
obtaining the hand of Clotilda, daughter of Clovis; but this marriage,
which he had regarded as a means of salvation, supplied the Frankish
kings with the very pretext they desired. Amalaric did his utmost to
make Clotilda abjure the Catholic Faith and embrace Arianism, and
according to Gregory of Tours actually ill-treated her. Clotilda made
complaint to her brother Childebert, and he hastened to declare open
war in Septimania. Near Narbonne he defeated the army of Amalaric
(531); the latter fled, but, according to Jordanes and Isidore, he was
shortly afterwards slain by his own soldiers. Childebert took possession
of Narbonne, where he joined his sister, and seized considerable treasure.
The position of the Visigoths could hardly have been worse. With-
out the hope of finding a powerful defender such as Theodoric, they
found themselves threatened by the Franks, a nation naturally war-
like, and further emboldened by its conquest of Aquitaine. In fact,
dating from the defeat of Amalaric, the Visigothic kingdom may be
regarded as consisting of Spanish territory, and its capital was then
transferred from Gaul to the Iberian peninsula. But they had the
good fortune to find a man who was equal to the occasion. This was
Theudis the Ostrogoth, who had been governor of Spain in the time
of Theodoric, and who had settled in the Peninsula, where he had
married a very wealthy Spanish woman, the owner, according to
Procopius, of more than 2000 slaves and dependents. When Theudis
had been formally elected king, he began to make preparations for the
ejection of the Franks, who, in this same year (531), had entered the
kingdom by way of Cantabria, and in 532 had annexed a small territory
near Beziers. In 533 Childebert joined forces with his brother, Chlotar I,
invaded Navarre, took possession of Pampeluna, and marched as far as
Saragossa, to which he laid siege. The inhabitants resisted bravely:
thus the Visigoths had time to send two armies to their assistance; of
these one was commanded by Theudis himself, and the other by bis
general Theudegesil. At their approach the Franks retreated as fax
▼^


## p. 163 (#195) ############################################

533-554] Athanagild 163
as the Pyrenees. They were seriously defeated by the army of Theudis;
but Theudegesil, whom they succeeded in bribing, permitted them to
escape, and to bear with them the treasures which they had acquired
during the campaign. Among these was the body of St Vincent, the
martyr, for which they built near Paris a church, that afterwards known
as St Germain-des-Pres. After having thus ejected the Franks, Theudis
undertook an expedition to the coast of Africa, which was being conquered
by the army of the Byzantines. By this expedition, made in 543, Theudis
only acquired temporary possession of Ceuta, which was shortly after-
wards retaken by the Emperor, for in 544 Justinian alludes to it as his
own. Four years later, in 548, Theudis was assassinated in Seville by
a man who pretended to be mad. His successor, Theudegesil, only
reigned for sixteen months. We know nothing more of him than that
he was a man of immoral conduct, and that in 549 he too was assassi-
nated in Seville.
The fact that the Visigoths possessed Seville does not mean that they
ruled over the whole of Baetica. On the contrary, the greater part of
it was independent, controlled by the Spanish-Roman nobles, who since
the time of Majorian, and even before, had obtained possession of the
country. Agila, the successor of Theudegesil, set himself to conquer
these independent territories; he was defeated before Cordova by the
Andalusians, who slew his son, and possessed themselves of the royal
treasure. This defeat (which the chroniclers regard as a divine punishment
for Agila's profanation of the tomb of St Acisclus), his tyrannical
behaviour and his hostility to the Catholics, who constituted the bulk
of the Spanish population, were turned to account by Athanagild, a
Visigothic noble who had designs on the crown. In order to make sure
of success, he solicited the support of the Emperor Justinian, who sent
him a powerful army under the command of his general Liberius (544).
The Byzantines were probably assisted by the inhabitants of the country
who, on account of their Catholic Faith, were bound to welcome the
imperial forces and the person of Athanagild, concerning whom Isidore
himself states that he was secretly a Catholic. They had, therefore, no
difficulty in possessing themselves of the most important towns on the
coasts of the Mediterranean, more particularly those in the east and
south, i. e. the district round Valencia, Murcia and Andalusia. Agila
was defeated near Seville by the combined forces of Athanagild and
Liberius, and withdrew to Merida, where he was assassinated by his own
followers, who forthwith acknowledged the usurper.
Thus when Athanagild became king in 554, the power of Justinian
in the Peninsula was extensive, for he was not content with playing the
part of helper, but claimed a substantial acknowledgment of his services.
It is probable that Athanagild rewarded him by an offer of territory, but
we have no exact information on the subject, because the text of the treaty
which ensued has not been preserved. But it is certain that Liberius
CH. VI. 11—2


## p. 164 (#196) ############################################

164 Brunteld and Galswintha [564-567
encroached on the boundaries agreed upon, for he seized all the land lying
between the Guadalquivir and the Jucar (going from west to east),
together with that between the sea and the mountains of Gibalbin,
Ronda, Antequera and Loja, the Picacho de Veleta, the mountains of
Jaen, Segura and Alcaraz, the pass of Almansa (in the province now
called Albacete), the territories of Villena, Monovar and Villajoyosa
(from the south-west and the north-east, following the line of the
Penibaetian mountain range, and the continuation on the east which
connects it with Iberica). The situation was all the more serious
because to the great military strength of the Eastern Empire was now
added the aggregate force of all the Spanish-Roman element in Baetica
and Carthaginensis, that is to say, all who had remained independent
of the Visigoths, and whom Agila had attempted to subdue. These
Spanish-Romans who, by reason of their religion, were opposed to the
Visigoths, naturally regarded the rule of Justinian as the prolongation
of the Empire whereof they had formed a part until the coming of the
Goths. Hence the tradition that the inhabitants of these regions
rebelled against the Visigoths and proclaimed Justinian as their sovereign
is most probably authentic.
Athanagild did not submit to this treachery, but immediately pro-
ceeded to make war on the Byzantines, and established his capital at
Toledo, an excellent position from the strategical point of view. He
attempted to flatter the Catholics, by means of a benevolent policy,
which was intended to estrange them from the Empire. The war
lasted for thirteen years, that is, throughout the whole of the reign of
Athanagild, who had also to fight against the Franks in order to defend
Septimania, which was still in the hands of the Visigoths, and against
the Vascons, who were continually struggling for independence. But
this perpetual warfare did not prevent Athanagild from strengthening
his kingdom from within, or from increasing its prosperity. The fame
of his wealth and the splendour of his court; the fame of his two
daughters, Brunhild and Galswintha, spread to the neighbouring
kingdoms. Two Frankish kings, Sigebert of Austrasia and Chilperic of
Neustria, were inspired thereby to seek an alliance with him; the former
became the husband of Brunhild and the latter of Galswintha. Of
these marriages, and more particularly of the second, which took place in
567 and ended in tragedy, we possess detailed accounts in the chronicle
of Gregory of Tours, and in the Carminum Liber of Venantius Fortunatus.
A few months after the marriage of Galswintha, Athanagild died at
Toledo (Nov. ,or Dec. 567).
The throne remained vacant for several months, until the spring of
568, but we do not know the reason of this. The interregnum came to
an end with the accession of Liuwa or Leuwa, a brother of Athanagild,
who (why or for what purpose we are unable to say) shared the govern-
ment with his brother Leovigild or Liuvigild, to whom he entrusted


## p. 165 (#197) ############################################

42&-580] Leovigild. The Sueves 165
the Spanish part, keeping for himself the territory in Gaul. It has been
observed that John of Biclar, a chronicler of the latter part of the
sixth century, states that Leovigild obtained ffispania Citerior. This
phrase seems to confirm what has been said before, that from the
beginning of the reign of Athanagild, Hispania Ulterior, or the greater
part of the districts which belonged to it, was either in the hands of the
Byzantines or, at any rate, was not loyal to the Visigoths. This evidence,
viewed in connexion with the results of Leovigild's campaigns, shews
that several districts of north-western Spain, such as Oviedo, LeOn,
Palencia, Zamora, Ciudad Rodrigo, etc. , were independent, under petty
princes or rulers, the majority of whom belonged to the Spanish-Roman
nobility: it also shews that the district of Vasconia could only nominally
be considered as belonging to the Visigothic kingdom.
To remedy this, Leovigild adopted as a guiding principle the ideal
of hegemony in the Peninsula. He began by surrounding himself with
all the external pomp which adds so much to the prestige of a sovereign;
he adopted the ceremonial of the Emperors and celebrated his proclama-
tion in Toledo by striking gold medals, bearing an effigy of himself
in regal vestments. But he did this with a view to his relations
towards his subjects, and took care not to arouse the jealousy of
the Empire: on the contrary, he made use of it to further his own
designs. He revived the former connexion between the Visigothic
kings and the Emperors, by communicating to Justin II the news of
his election as king, and by acknowledging his authority he made a
truce with the Byzantine army in the Peninsula, and persuaded it to
join with him in opposing the advance of the Sueves.
We hear very little of the Sueves. Since the year 428, when
they had been delivered from their barbarous enemies, the Vandals,
they had been trying to obtain possession of the territories formerly
occupied by the latter, which extended towards the south-east and
south-west of the Peninsula. This attempt at territorial expansion gave
rise to constant wars, usually between the Sueves and the Romans,
sometimes between the Sueves and the Visigoths, though in some cases
the two barbarian powers united. (Thus Theodoric I allied with
Rectiiarius the Sueve against the Romans, and in 460, Theodoric II
with Remismund against Frumar, another petty king of the Sueves. )
The consequence of this last alliance was that the Sueves, who were
partly Catholics and partly Pagans, were converted to Arianism. In
465, Remismund, with the help of the Visigoths, took possession of
Coi in bra, and shortly afterwards of Lisbon and Anona. But in 466
Euric put an end to these friendly relations, and in a terrible war, to
the horrors of which Idatius refers, he forced the Sueves to fall back on
their ancient possessions in the north-west. There is a considerable
gap in the history of the Sueves, from 468—in which year the chronicle
of Idatius comes to an end, until 550 when Carrarich appears as king.


## p. 166 (#198) ############################################


166 Campaigns of Leovigild against the Sueves [559-573
In the reign of Carrarich, or in that of Theodomir who succeeded him
(559-570), this people was converted to Catholicism, through the influence
of Martin, bishop of Braga (St Martin). During this same period, the
Sueves had again extended their eastern and southern boundaries to
the Navia in the province of Asturias, to the Orbigo and the Esla in
Leon, to the Douro in the country of the Vettones, to the Coa and the
Eljas where they join the Tagus, in the direction of Estremadura (west
of Alcantara), and in Lusitania to the Atlantic, by way of Abrantes,
Leiria, and Parades.
In 569 Leovigild began his campaign against the Sueves and the
independent districts in the north-west. He very quickly took posses-
sion of Zamora, Palencia and Leon, but Astorga resisted bravely.
Nevertheless, the victories which he had gained sufficed to justify
him in striking a new medal in commemoration of them. On this
medal Leovigild stamped the bust of the Emperor Justin and applied
to himself the adjective clarisximus. In 570 we see Leovigild, for-
getful of his protestations of submission, attacking the district called
Bastania Malagnena (the ancient Bastetania, which extended from
Tarifa to Agra) where he defeated the imperial forces. Continuing the
war in 571 and 572, he took Medina Sidonia (Asidona) and Cordova
with their adjacent territories. These victories moved the Sueves, at
that time ruled by King Mir or Miron, who in 570 had succeeded
Theodomir and who possibly bore the same name, to make war in their
turn. They therefore invaded the country round Plasencia and Coria,
Las Hurdes and Batuecas—that is, the valleys of the Jerte, Alagors
and Arrago—and afterwards the territory of the Riccones1.
In 573, whilst Leovigild was preparing to check the advance of the
Sueves, he received the news of the death of his brother Liuwa, which
left him king of all the Visigothic dominion. Immediately he made
his two sons, Hermenegild and Recared, dukes of Narbonne and Toledo,
although it is not certain which of the two duchies was given to which.
He thus reassured himself in this direction, and, when he had secured
the capital, he set forth on a new campaign in which he conquered the
district of Sabaria, i. e. according to the best geographers, the valley of
the Sabor, the province of Braganza, and Torre de Moncorvo, which
bordered on the Suevic frontier.
These expeditions were interrupted by internal troubles for which
the nobles were responsible. From the political point of view the
fundamental fact on which all the history of the Visigoths turns, is the
opposition between the nobles and the kings. Of these, the nobles were
continually struggling to maintain their predominance, and the right to
bestow the crown on any one of their members, while the kings were
1 According to Fernandez Guerra the Riccones occupied the places now known
as Jaraicejo, Trujillo, Logrosan and La Conquista, although other historians believe
that their territory was nearer to Cantabria and Vasconia.


## p. 167 (#199) ############################################

574-678] Internal Troubles 167
continually endeavouring to suppress all possible rivals, and to make
the succession to the throne hereditary or at any rate dynastic. Gregory
of Tours states that the kings were in the habit of killing all the males
who were in a position to compete with them for the crown; and the
frequent confiscation of the property of the nobles to which the laws
of the period refer, shews clearly the means to which the kings had
recourse in the struggle. Whether Leovigild exceeded his power by
dividing the kingdom between his two sons (and this is the view taken
by Gregory of Tours); or whether he tried in general to lessen the
authority of the nobles—and perhaps not only that of the Visigothic
nobility, but also of the Spanish-Romans—the result was that the
nobles stirred up several insurrections; first amongst the Cantabri, secondly
amongst the people of Cordova and the Asturians, and thirdly, in
Toledo and Evora, at a time when the Sueves and Byzantines were
planning attacks. Leovigild, undismayed by these manifold dangers,
attended to everything and, by dint of good luck, with the help of
Recared, he succeeded in subduing the rebels. He took Ammaia
(Aniaya), the capital of the Cantabri; he obtained possession of
Saldania (Saldana), the stronghold of the Asturians; he quelled the
insurgents in Toledo and Evora (Aebura Carpetana) and in every case
he sealed his victories with terrible punishments (574).
When he had suppressed these preliminary internal rebellions
Leovigild proceeded to conquer various independent territories in the
provinces of Galicia and Andalusia. The former consisted of the
mountainous district known as Aregenses, situated in what is now the
province of Orense, and of which a certain Aspidius was king. The
Andalusians possessed the whole of the tract of country round the
Orospeda mountains, from the hill of Molaton in the east of the present
province of Albacete, to the Sierra Nevada, passing through the provinces
of Murcia, Almeria and Granada, that is to say, the lands of the
Deiittani, Bastetani and Oretani. In both parts of the country Leovigild
was successful, but his victories, and especially those in the Orospeda
mountains, which bordered on the Byzantine dominion, naturally excited
the jealousy of the imperial governors. In order to check the progress
of Iicovigild, now threatening them at such close quarters, they stirred
up fresh strife in the interior of the kingdom, instigating rebellions in
the province of Narbonne, on the coasts of Catalonia and Valencia, and
in the central region of the Ebro. Leovigild, assisted by his son
Recared, also succeeded in suppressing these insurrections; he made
triumphant entries into Narbonne, Saragossa, Loja, Rosas, Tarragona
and Valencia, and punished the rebels with the utmost severity. These
campaigns, and the preceding ones in Galicia and Andalusia, lasted from
575 to 578. A notable incident in them—which, although it had no
connexion with the action of Leovigild, yet to some extent favoured his
designs—was the attack made by the Byzantine general Romanus, son


## p. 168 (#200) ############################################


168
Religious Disunion
[578-580
of the patrician Anagartus, on part of Lusitania, in the direction of
Coimbra and the valley of the Munda (i. e. the Mondego), which at that
time was governed by a Suevic duke, who bore the title of king.
Romanus seized this individual, his family and his treasure, and annexed
the district to the Empire. Leovigild took advantage of this reverse
to attack the Suevic frontier in the direction of Galicia, and the Suevic
king Mir or Miron was obliged to sue for peace. The Visigothic
monarch granted him a truce for a short time and meanwhile, in the
district afterwards called Alcarria, he built a fortified city to which he
gave the name of Recopolis in honour of Recared. There are still a
few traces of it to be seen.
From 578 to 580, there was a period of external peace, but on the
other hand, these years marked the beginning of a civil war of graver
import than any former one; for, in the first place, this war was
concerned with religion; and in the second, with the rash ambition of
one of Leovigild's own sons. This was Prince Hermenegild; the
struggle originated in the same way as the former contests between the
Visigoths and the Franks. Once more, the cause of it was a Frankish
princess, Ingundis, daughter of Sigebert, king of Austrasia, and of
Brunhild, and therefore niece of Leovigild. In 579 Hermenegild
married her, he being an Arian and she a Catholic. Immediately there
was quarrelling at Court, not between husband and wife, but between
Ingundis and her grandmother, Goisvintha, the widow of Athanagild,
who had married Leovigild. Goisvintha was a zealous Arian and tried
to convert her grand-daughter, first by flattery and afterwards by
threats, ending, according to the chroniclers of the period, in violence.
Nothing could shake the faith of Ingundis, but she made bitter
complaints to the Spanish Catholics and the Franks. To prevent
matters from going further, Leovigild sent his son to govern Seville, one
of the frontier provinces. There Hermenegild found himself in an
atmosphere essentially Catholic, and, at the instigation of his wife
Ingundis and Archbishop Leander, he finally abjured Arianism. The
news of his conversion gave fresh courage to the malcontent Spanish-
Romans in Baetica, and the consequence was that Seville and other
cities rebelled against Leovigild and proclaimed Hermenegild as king.
The latter was rash enough to make the venture and fortified himself in
Seville, with the help of the greater part of the Spanish, and of a few
Visigothic nobles. It has been said that, on this occasion, Hermenegild
did not receive the support of the Catholic clergy. This statement is
possibly exaggerated. It is true that Gregory of Tours, John of Biclar,
and Isidore condemn the revolt and call Hermenegild a usurper; but
this does not mean that, at the time of the rebellion, none of the
clergy took his side. It is only reasonable to infer that he did receive
some support from them. Though uniformity of religion on the Arian
basis may have played an important part in Leovigild's scheme of


## p. 169 (#201) ############################################

579-582] Revolt of the Gascons 169
government; nevertheless, on this occasion, he did not allow himself
to be led away by zeal, or by the irritation which the behaviour of his son
must have aroused in him. Hitherto, he had been inconsistent in his
treatment of the Catholics. He had frequently persecuted them—for
instance, we learn from Isidore of Seville that John of Biclar was in 576
banished to Barcelona for refusing to abjure his religion, and that, for
ten years, he was subjected to constant oppression. Again, Leovigild
had sometimes flattered the Catholics and complied with their desires.
In 579 he adopted a policy of moderation. He sent ambassadors to
his son to reduce him to submission, gave orders to his generals to act
only on the defensive, and took active measures to prevent the clergy
from supporting Hermenegild. The latter did not yield; on the con-
trary, afraid that his father would take revenge, he sought the assistance
of the Byzantines and the Sueves.
Then Leovigild thought of establishing some form of agreement
between Catholics and Arians, and convoked a synod, or general meeting
of the Arian bishops, at Toledo, in 580. At this synod, it was agreed
to modify the form to be used in the adoption of Arianism, substituting
reception by the laying on of hands for the second baptism. As
John of Biclar says, many Catholics, among whom was Vincent, bishop
of Saragossa, accepted the formula and became Arians. Nevertheless,
the majority remained faithful to Catholicism. Leovigild attempted
to reduce this majority by conversions to Arianism, but when these
were not forthcoming, he resorted to persecution. Isidore of Seville in
his Historia says that the king banished a number of bishops and nobles,
that he slew others, confiscated the property of the churches and of
private individuals, deprived the Catholic clergy of their privileges, and
only succeeded in converting a few priests and laymen.
Meanwhile Hermenegild had strengthened his party by winning over
to his cause important cities such as Merida and Caceres. He twice defeated
Duke Aion, who had been sent against him, and in commemoration of
these victories, he coined medals after the manner of his father.
But this serious struggle did not cause the king to neglect his other
military duties. In 580, the Vascons rebelled once more, possibly
under the influence of the Catholic insurrection in Baetica. In 581
Leovigild went against them in person, and after much trouble succeeded
in occupying a great part of Vasconia, and in taking possession of the
city of £gessa (Egea-de-los-Caballeros). To clinch his success, he
founded the city of Victoriacus (Vitoria) in a good strategical position.
Having thus finished this campaign, Leovigild decided to take energetic
action against his rebellious son. To this end, he spent several
months of 582 in organising a powerful army, and, as soon as it was
assembled, marched against and captured Caceres and Merida. Where-
upon the troops of Hermenegild retreated as far as the Guadalquivir,
taking Seville as their centre of defence.


## p. 170 (#202) ############################################

170 Revolt of Hermenegild [583-586
Before attacking the city, Leovigild set himself to make the Byzan-
tines withdraw from their alliance with his son, and he ultimately
succeeded. According to the chronicle of Gregory of Tours, his success
was due partly to motives of political expedience and partly to a gift of
30,000 gold coins. When he had thus secured himself in this direc-
tion, Leovigild, in 588, marched on Seville. The first battle was fought
before the Castle of Osset (San Juan de Alfarache), which he was
not long in taking. Amongst the enemy, he found the Suevic king
Miron, whom he compelled to return to Galicia.
The siege of Seville lasted for two years. Hermenegild was not in
the city, seeing that he had left it shortly before to go in search of fresh
help from the Byzantines. He cannot have been successful, since he
took refuge in Cordova, whither Leovigild advanced with the army.
Convinced that all resistance was in vain, Hermenegild surrendered and
prostrated himself before his father, who stripped him of his royal
vestments and banished him to Valencia. Shortly afterwards, for some
unknown reason, he caused him to be transferred to Tarragona, and
entrusted to Duke Sigisbert, whom he ordered to guard his son closely,
for his escape might lead to a fresh civil war. Sigisbert confined the
prince in a dungeon, and repeatedly urged him to abjure Catholicism.
Hermenegild stubbornly resisted, and was finally killed by Sigisbert
(18 April 585). Leovigild is accused of the crime by our earliest
authority, the Dialogues of Gregory the Great, but the best opinion
acquits him of it. Hermenegild was afterwards canonised by the
Catholic Church.
Whilst the ambition of Hermenegild was thus ruthlessly cut short,
his father's was realised in the destruction of the kingdom of the
Sueves. He did not lack a pretext: a noble called Andeca who, since
the death of Miron in 583, had usurped the crown, in the following year
proclaimed himself king of that people, disputing the rights of Miron's
son Eburic or Eboric, the ally of Leovigild, who at once invaded Suevic
territory. As Isidore says, "with the utmost rapidity" he struck fear
into the hearts of his enemies, completely vanquishing them at Portucale
(Oporto) and Bracara (Braga), the only two battles fought during the
campaign. Andeca was taken prisoner, forced to receive the tonsure,
and banished to Pax Julia (Bejar). In 585, the Suevic kingdom was
converted into a Visigothic province. Thus, it only remained for
Leovigild to possess himself of the two districts held by the Byzantines
—one in the south of Portugal and west of Andalusia, and the other
in the province of Carthagena—and to make the political unity of the
Peninsula an accomplished fact. But it was not given to him to
effect this. He died in 586, at a time when his army, under the
command of Recared, was fighting in Septimania against the Franks
who had twice again made the murder of Hermenegild a pretext for
invading this remnant of Visigothic land. Even during the lifetime of


## p.
171 (#203) ############################################

586] Reign of Recared 171
Leovigild, Guntram, king of Orleans, had made an invasion, and had also
sent ships to Galicia to instigate an insurrection of the Sueves. The
Franks were driven hack by Recared and their ships sunk by the naval
forces of Leovigild. After this preliminary struggle Leovigild attempted
to make an alliance with Guntram, but the Frankish king rejected all
his advances, and for the second time invaded Septimania. Recared was
engaged in fighting against him when he received the news of his father's
last illness, which caused him to return to Spain. No sooner was
Leovigild dead, than Recared was unanimously elected king.
His reign was very unlike that of his predecessor. Leovigild had
been essentially warlike, striving for the political unification of the
Peninsula. Recared fought only in self-defence against the Franks and
Vascons; instead of continuing the conquest of Spain, he made peace
with the Byzantines, acknowledged their occupation of certain territories
and promised to respect it. Moreover, Leovigild desired uniformity of
religion, but on the basis of Arianism, whilst Recared made it his main
concern, but on the basis of Catholicism. It is probable that he
abandoned the warlike policy of his father, because recent events had
convinced him that the greatest danger for the Visigothic kingdom lay
in the discord between the Visigothic and the Spanish-Roman elements.
He probably realised that the main work before him was to unite these
two elements, or at least, to induce them to lay aside their discontent
and jealousy. More than one reason has been alleged for the change in
the religious point of view. It has been supposed that Leovigild himself
turned Catholic shortly before his death, and this view is supported by
a passage in Gregory of Tours, but it scarcely suits the nature of the
king, as illustrated by the earlier events of his life. There is another
statement, connected with the above, which has less documentary evidence
to support it It occurs in the Dialogues of Gregory the Great, and
is to the effect that Leovigild charged Leander, bishop of Seville, to
convert Recared. Lastly, the conjecture that Recared had secretly
turned Catholic in his father's lifetime, is not supported by any
contemporary documents. We are, therefore, led to suppose that this
change on the part of Recared was due to one of the following causes:—
(1) Reflection, which had ripened in the knowledge of the real force
which the Catholics represented in the Peninsula, superior as they were
in number to the Visigoths, possessed of money and property in the land,
and connected with the Byzantines. (2) A change of conviction on the
part of Recared himself, after his accession to the throne, which was
possibly brought about by the preaching of Leander, and also by the
example of Hermenegild. (8) A possible combination of both causes.
The facts are:—(1) The execution of Duke Sigisbert, which might
have been either the outcome of Recared's affection for his brother
Hermenegild, or in punishment of Sigisbert's transgression of his orders;
but it is noteworthy that Recared accounted for it by stating that Sigisbert


## p. 172 (#204) ############################################

172 Conversion of the Visigoths [587-589
was guilty of conspiracy. (2) The public and formal conversion to
Catholicism of the king and his family, which, according to John of
Biclar, took place in 587, ten months after Recared had ascended the
throne.
The conversion was heralded, first, by a decree which put an end to
the persecution of the Catholics, secondly, by the adoption of extra-
ordinary measures with regard to the Gothic prelates and nobles in the
provinces entrusted to the king's agents (whom Gregory of Tours calls
nuntios), and lastly by permission given to the bishops of both religions
to hold a meeting, to the end that they might freely discuss their
respective dogmas. At the conclusion of this discussion, Recared declared
his preference for Catholicism and his conversion thereto, which he
ratified with all due formality at the Council held in Toledo (the
third of this name) in May 589. There were present at this Council
62 bishops, five metropolitans, the king, his wife, and many nobles, all of
whom signed the declaration of faith. Henceforth the Catholic religion
became the religion of the Visigothic State. According to John of Biclar,
the king exhorted all his subjects to be converted to it.
But the faith of a people cannot be changed at the command of a
king, nor could the interests which had grown up in the shadow of the
ancient national religion allow themselves to be suddenly swept away.
There ensued conspiracies and rebellions on the part of the Arian
bishops, the nobles and the people, who adhered to their traditional
faith. Goisvintha herself, the queen-mother, who lived for some time
longer, Sunna, bishop of Merida, Athelocus, bishop of Narbonne,
Bishop Uldila, several counts, amongst others Segga and Witteric,
Duke Argimund, and other persons of importance, made plots and
conspired against the life of the king, took up arms, and sought the help
of the Frankish king Guntram, who made two incursions into Septimania.
On both occasions he was defeated and forced to withdraw. Moreover,
Recared succeeded in suppressing all the rebellions of the Arians,
punished the instigators, and caused many of the books dealing with that
religion to be burnt. Nevertheless, although John of Biclar affirms the
contrary, Arianism did not die out among the Visigothic people. It
continued to exist until the fall of the Visigothic kingdom; it was the
cause of fresh insurrections, and, as we shall see, it was sufficiently strong
to produce a temporary reaction.
Recared had still to struggle with the Byzantines, who had renewed
their quarrel with the Visigoths. But through the mediation of Pope
Gregory I, he made with the Emperor Maurice the treaty to which we
have already alluded, whereby it was agreed that each monarch should
respect the territory possessed by the other. Lastly, Recared made war
on the Vascons, whom Leovigild had driven back to the further side of
the Pyrenees, and who were trying, though without success, to regain
the land which they had formerly held.


## p. 173 (#205) ############################################


587-612]
Laws of' Recared
173
Recared's internal policy of appeasing the Spanish-Roman element
manifested itself in another direction. According to Isidore of Seville,
Leovigild reformed the primitive legislation of the Visigoths, which
dated from the time of Euric, by modifying a few laws, suppressing
others which were unnecessary, and adding some which had been omitted
from Euric's compilation. Since the text of this reform has not come
down to us, we know only that it actually existed1.
From the tone of approval in which Isidore of Seville tells of the
reforms accomplished by Leovigild, it has justly been inferred that they
were a decided attempt at conciliation, and that it was intended to proceed
with them until the differences between Visigoths and Spanish-Romans
had been lessened or suppressed. There is more reason to suppose that
Recared worked in this direction, but for this we have no such con-
temporary evidence as that which refers to Leovigild.
The three monarchs who successively occupied the Visigothic throne
after Recared were of no great individual importance, but their history
gives proof of the disturbed condition of the country. In fact,
Recared's son, Liuwa II, who was elected king on the death of his
father and who continued his father's Catholic policy, only reigned for
two years. In 603 he was dethroned and slain in an insurrection
headed by Count Witteric, who gained the support of the Arian party
and attempted to restore the ancient religion of the Gothic people. In
610, in consequence of a reaction on the part of the Catholics, Witteric
forfeited his crown and his life. The crown was bestowed on Gundemar,
a representative of the nobles. He only reigned for two years, during
which time he waged two wars, one with the ever-restless Vascons, and
the other with the Byzantines. Both these wars were continued by
Sisebut, who succeeded him in 612. He, like Gundemar, was a Catholic
and he pursued the militant policy of Leovigild. When he had sup-
pressed the Vascon insurrection, Sisebut marched against the imperial
forces, and, in a brief campaign, after defeating their general Asarius in
two battles, took possession of all the eastern provinces of the Byzantines,
that is to say, of the land between Gibraltar and the Sucro (Jucar).
The Emperor Heraclius sued for peace, which Sisebut granted on
condition of annexing that province to his kingdom, leaving to the
Byzantines only the west, from the Straits to the Algarves.
As concerns internal order, the most important event of Sisebut's
reign was the persecution of the Jews. They had lived in the Peninsula
in great numbers since the time of the Empire under the protection
1 Professor Gaudenzi alone is of opinion that the fragments of St Germain-des-
Pres, of which I shall presently speak, form part of it. Professor Urefia maintains
that the leges antiquae of the compilation made in the time of Receswinth, and the
four fragments of Visigothic law found in Manuscript B 32 of the Biblioteca
Vallicelliana in Rome are to be attributed to Leovigild. Other scholars believe
that they are taken wholly or in part from the code of Euric.


## p. 174 (#206) ############################################


174 Visigothic Intolerance [eia
of the laws. The Lex Romana of Alaric II had only copied those of
the Roman laws which were least favourable to the Jews. It therefore
preserved the separation of races, counting marriages of Jews and
Christians no better than adultery, and forbade the Jews to hold
Christian slaves or to fill public offices. But it upheld their religious
freedom, the jurisdiction of their judges and the use of Jewish law.
But custom was more favourable to them than law, for mixed marriages
took place in spite of the law, the Jews held public offices, and
bought and circumcised Christian slaves. Recared put the laws in force,
and further commanded to baptise the children of mixed marriages
(Third Council of Toledo). Sisebut went further, and began the
persecution of the Jews. He made two series of regulations on the
subject. One of these, which appears in the Forum Judicum, restores
and sharpens the laws of Recared; the other included an order to
baptise all the Jews, under penalty of banishment and confiscation of
goods1.
What was the cause of this intolerance? It has been attributed
to the influence of the clergy; but against this opinion we must set the
disapproval of Isidore of Seville in his Historia, and of the Fourth
Council of Toledo, over which the same prelate presided. Equally
untrustworthy is the statement that these measures were forced upon
Sisebut by the Emperor Heraclius, in the treaty made between them
to which we have already alluded, for there is no text to bear out this
statement, and moreover, the analogous case which Fredegar attributes
to King Dagobert is equally unproved. All that we know for a fact is
that Sisebut adopted the measure without consulting any Council, so
that we must attribute the king's resolution either to his own inclination
(Sisebufs piety led him to write Lives of the Saints, for instance, the
well-known life of St Desiderius), or to the desire of obtaining possession
of property by means of confiscation, or of gaining money from the sale
of dispensations. Such were certainly his motives on other occasions.
Moreover, he claimed religious authority for himself, for he considered
that he was the ecclesiastical head of the bishops, and behaved as such.
It is possible that he was also indirectly influenced by the fact that the
Jews had assisted the Persians and Arabs in their wars against the
Christians of the East. The immediate result of the law was that the
greater part of the Jews received baptism, and that, according to the
Chronicle of Paulus Emilius, only a few thousands (aliquot mill in) sought
refuge in Gaul. But this effect must have been short-lived, for we know
that, nineteen years later, there were in Spain Jews who had not been
baptised and others who had reverted to their former religion.
1 The existence of this law is proved by contemporary evidence, though it doea
not appear in the Forum Judicum. From a passage in Isidore of Seville we are led
to suppose that this decree was made during the first year of Sisebut's reign, that is
to say, in 612.
7^


## p. 175 (#207) ############################################

621-636] Swinthila. Sisenand 175
Sisebut died in 621, and was succeeded by his son Recared II who
reigned for a few months only. He was followed by Duke Swinthila,
who had greatly distinguished himself as a general in the wars of
Sisebut. He pursued and completed the military policy of the latter,
conquering (629) the Algarves, the last province in the possession of the
Byzantines. Thus, with the exception of a few unimportant districts in
the north, which had no regular government, such as Vasconia, the
Pyrenees of Aragon, and possibly some other places in mountainous
parts, whose inhabitants remained independent, the Goths at last suc-
ceeded in reducing the country to one united State. Swinthila also fought
against the Vascons, and on one occasion defeated them. As a military
base for his control over the district, he built the fortress of Oligitum,
which some geographers take to be the same as the modern Olite, in the
province of Navarre.
If Swinthila had stopped short at this point, he would certainly
have retained the good will of his contemporaries, and the epithet of
"father of the poor" applied to him by Isidore of Seville; but it is
probable that Swinthila was too sure of his power when he ventured to
deal with the problems of internal policy, and that his failure affected
the judgments passed on him. As a matter of fact, Swinthila did
nothing more than what Liuwa and Leovigild had done before him,
when he shared the government of the kingdom with members of his
own family, namely:—his son Recimir, his wife Theodora, and his
brother Geila. Why was Swinthila not permitted to do this, seeing that
it had been tolerated in the former kings? Whether he set about it
with less caution than his predecessors, or shewed more severity in
suppressing the conspiracies, we do not know. The fact is that he not
only lost the crown in 631, whilst struggling against the party of a
noble called Sisenand, who, with an army of Franks, advanced as far as
Saragossa, but that the chroniclers of the period call him a wicked and
sensual tyrant. He did not die in battle—his defeat was mainly due to
treachery—nor did he lose his freedom. In 633, to judge from a canon
of the Fourth Council of Toledo, he was still alive, but of his end we
know nothing. The political problem was still unsolved; and we shall
see that the kings did not abandon the intention of making the crown
hereditary.
Of Sisenand, who reigned for six years, and died in 636, we know
nothing more important than that he summoned the Council already
referred to, which condemned Swinthila for his "evil deeds" and passed
canons relating to the Jews. These canons indicate a change of policy
in the clergy, which is all the more interesting, because, as we have said
before, the Council had for its president Isidore of Seville. On the one
hand, in agreement with the doctrine of this prelate, it censured the
use of violent measures to enforce a change of religion (Canon lvii);
but, on the other hand, it accepted and sanctioned those conversions which



## p. 176 (#208) ############################################


176 Chintila. Chindaswinth [636-646
had been brought about through fear in the time of Sisebut. It thus
obliged those who had been baptised to continue in their new faith,
instead of accepting, in accordance with the views of Isidore, the
Constitution of Honorius and Theodosius (416), which permitted the
Jews who had become Christians by force and not from religious motives,
to revert to their former religion. With regard to the succession to the
throne, the principle of free election by the assembly of nobles and
bishops was established by Canon lxxv. In accordance with this
principle, Chintila was elected king in 636. Nothing of importance
occurred during the four years of his reign except the summoning of
the fifth and sixth Councils of Toledo. The canons of the first are
chiefly concerned with the King, the respect due to his person, and some
of his prerogatives, and furnish striking evidence of the uneasiness caused
by the ambition of the nobility, who were endeavouring by violent means
to wrest the crown from the elected king. The Sixth Council, held in 637,
which laid stress on the same subjects, also issued a decree dealing with
the Jews (Canon in), which again enacted that all who had not been
baptised should be driven out of the kingdom. In order to prevent
relapses to their former religion, the king forced them to sign a document
(placitum) on confession of faith, in which, on the pain of the most
terrible curses, they bound themselves to live in accordance with the
doctrine and practices of Christianity; and to renounce Jewish customs.
Moreover, to enforce this policy, the same canon obliges all future kings
to swear that they will not permit the Jews to violate the Catholic Faith,
nor countenance their misbelief in any way, nor "actuated by contempt
or cupidity" open up the path of prevarication "to those who are
hovering on the brink of unbelief. '"
In 640, despite Canon lxxv of the Fourth Council of Toledo,
Chintila was succeeded by his son Tulga, though the outward form
of election was observed. This explains why his brief reign was disturbed
by conspiracies and insurrections. We do not know for certain whether
it was in consequence of his death or through the success of one of these
insurrections that in May 642 the throne was occupied by one of the
nobles—Chindaswinth, who boldly faced the political problem with
energetic measures like those of Leovigild. Thus 700 persons, of whom
the greater part were nobles, chosen from amongst those who had taken
the most active part in conspiracies or shewn signs of political ambition,
or proved themselves dangerous to the king, were slain, or reduced to
slavery. Many others contrived to escape, and took refuge in Africa or
in Frankish territory, and there they doubtless attempted to stir up
fresh insurrections, to which reference is apparently made in one of the
canons of the Seventh Council of Toledo, summoned by Chindaswinth
in 646. This canon imposed heavy penalties, viz. excommunication
for life and confiscation of property, on the rebels or emigrants including
the clergy, who should try to obtain the support of foreign countries
^


## p. 177 (#209) ############################################


642-654] Receswinth 177
against their native land; it also exhorted the monarchs of these countries
not to allow the inhabitants of their dominions to conspire against the
Visigoths. By this means Chindaswinth achieved his purpose, for,
throughout his reign (642-653) there was not a single insurrection.
On the other hand, supported by the Catholic clergy, who both from
doctrinal and practical points of view had always favoured the principle
of hereditary succession to the throne, he in 649 admitted to a share
in the government his son Receswinth or Recceswinth, who from that
time onwards was virtually king, and succeeded his father in 653,
without going through the form of election.
When Chindaswinth died, the rebellious nobles thought that the
moment had come to take revenge, and, relying on the general discontent
which was due to increased taxation and on the ever-restless Vascons,
they rose in arms, and with a large force advanced as far as Saragossa,
under the command of a grandee called Froja. Receswinth prepared
for war, and ultimately succeeded in defeating them, taking Froja
prisoner. But the country must have been profoundly agitated, and
the throne threatened by very serious dangers, seeing that Receswinth,
instead of taking advantage of his victory to inflict severe punishment
on the rebels, and subdue them once for all, came to terms with them,
granted an amnesty, promised to reduce the taxes, and yielded the
question of election. Hence the significance of the Eighth Council of
Toledo, held in 653, at which, after having caused himself to be released
from the oath which he had taken to shew himself inexorable towards
the rebels, he confirmed the above-mentioned Canon lxxv of the Fourth
Council. By this canon it was decreed that, on the death of the King,
the assembly of prelates and nobles should elect as his successor a man
of high rank, and that the person of their choice should bind himself
to maintain the Catholic religion and to prosecute all Jews and heretics.
This latter part of the Royal oath is a revival of the anti-Semitic policy.
The speech or tomus regius read before the Council is very bitter, and
proves that in spite of all the preceding measures there was still in
Spain a great number of unconverted Jews, or that even those converted
still observed the rites of their own religion. The Council refused to
take measures against the non-converted, but in 654, the king, on his
own account, issued various laws which rendered more intolerable the
legal position of the Hebrews of all classes. These laws obliged all Jews
who had been baptised to sign a new placitum, similar to that of the
time of Chintila, which imposed on apostates the penalty of being stoned
and burnt alive.
Whilst, in this way, the Visigothic kings were gradually widening
the gulf between Jews and Christians, on the other hand they were
lessening the differences between the Visigoths and the Spanish-Romans,
and just as Recared had arrived at uniformity of religion, so did Chindas-
winth and Receswinth aim at uniformity of law. The ground was well
C. 5IKI). II. VOL. II. CH. vi. 12


## p. 178 (#210) ############################################

178 Laws of Chindaswinth [c. 654
prepared, for, on the one hand, the principles of Roman jurisprudence
had gradually crept into the Visigothic private law, and on the other,
the Councils of Toledo had created a common system of legislation of
the utmost importance. A proof of the agreement at which the two
legal systems had arrived in some cases is furnished by the Visigothic
formulae of the time of Sisebut, found in a manuscript at Oviedo.
According to the prevalent opinion of legal historians, this unification
was completed by Chindaswinth's abolition of the Lex Romana or Bre-
viarium of Alaric II, to which the Spanish and Gallo-Romans were
subjected, and by the specific repeal of the law of Roman origin which
forbade marriage between people of different races, though we know
that such marriages did take place, like that of Theudis. The accepted
theory has recently been modified by the revised opinion of the critics,
which ascribes to Receswinth the abolition of the Lex Romana formerly
ascribed to his father1. In any case, the reign of Chindaswinth was a
period of great legislative activity so far as unification is concerned.
This activity found expression in numerous amendments and modifica-
tions of the older Visigothic Laws compiled by Recared and Leovigild
and in the promulgation of other new ones. Ninety-eight or ninety-
nine laws, clearly the work of Chindaswinth, are recorded in the texts
which have come down to us, and all of them shew the predominating
influence of the Roman system. Moreover, as his son Receswinth
leads us to understand in one of his own laws, Chindaswinth began
to make what was in fact a new code. Receswinth, therefore, did
little more than conclude and perfect the work begun by his father,
that is to say, he codified the laws which were in force in Spain, in their
twofold application, Gothic and Roman. They formed a systematic
compilation, which was divided into two books and bore the title of
Liber Jitdieiorum, afterwards changed to that of Liber or Forum Judicum.
The date of it is probably 654. Two copies of this Liber have been
preserved; in the modern amended editions it is known by the name of
Lex Reccesvindiana (Zeumer). It is a collection of laws made expressly
for use in the courts and therefore it omits several provisions referring
to legal subjects or branches of the same—for instance a great part of
the political law, for as a rule this does not affect the practice of the
courts. But the fifteen chapters of Book i, which refer to the law and
the legislator, form an exception to this; they are the reflection, and
1 De remotu alienarum gentium legibus, n. 1. This law, which occurs in several
manuscripts and editions of the Visigothic codes, prohibits the use of the Roman
legislation in Spain. Nevertheless, there are some historians (Helferich, Stobbe,
Gaudenzi, Urefia) whom this revised opinion does not satisfy, and who consider that
the amendment or repeal of the Lex Romana is earlier. They go so far as to assert
that it was the work of Leovigild and that the law of Receswinth is nothing more
than a ratification of the former decree. Nevertheless, the accepted opinion, of
which Zeumer is at present the chief exponent, is still the best supported and the
most popular.


## p. 179 (#211) ############################################

672-681] Wamba 179
in some cases the literal copy of the contemporary doctrinal texts of
political philosophy—for instance, of Isidore of Seville. It is probable
that Braulio, bishop of Saragossa, was one of the compilers of the new
code, if not the chief. Receswinth subsequently made other legal
provisions, both in the Councils and outside them.
Receswinth died in 672, after reigning for 23 years. Wamba was
elected as his successor. Almost the whole of his reign was spent in
warfare. He fought first against the Vascons, who made a fresh
rebellion, quickly suppressed; then against a general Paulus who, to-
gether with Randsind, duke of Tarragona, Hilderic, count of Nimes,
and Argebald, bishop of Narbonne, had incited all Septimania and part
of Tarragona to rebellion; and lastly, against the Muslims. The
rebellion of Paulus was promptly quelled and punished, and Wamba
recovered possession of Barcelona, Gerona, Narbonne, Agde, Magdalona,
Beziers and Nimes, which had constituted the chief centres of disaffection.
The war against the Muslims, who had already obtained temporary
possession of North Africa, originated in their invasion of the southern
coast of Spain, and in particular of the city of Algeciras. The
invaders were driven back, and their fleet was destroyed. The experience
gained by Wamba, especially on the occasion of Paulus' rebellion, must
have shewn him how necessary it was to strengthen the military organisa-
tion of the State, to inspire his people with a warlike spirit, and above
all, to enforce compulsory service in the army, which appears to have
been evaded by some of the nobles and clergy. This need was met by a
law passed in 673, which together with three others bearing on civil and
ecclesiastical matters, was added to the code of Receswinth. By this
law, all who refused to serve in the army and all deserters were deprived
of the power to bear witness. Despite all the prestige which Wamba,s
victories had procured for him, and the mental energy shewn in all his
actions, the fundamental weakness of the Visigothic State, namely, the
want of agreement between its political elements, appeared once more,
and in 680 Wamba was dethroned in consequence of a conspiracy headed
by Erwig, one of the nobles, with the assistance of the metropolitan of
Toledo. To preserve himself from a similar fate, Erwig adopted a mild
and yielding policy, and sought the help of the clergy. In accordance
with this policy, he revoked the severe penalties of Wamba's military
law, which had displeased the nobles, and restored its victims their
ancient nobility. On the other hand, besides persecuting the partisans
of Wamba, Erwig made new laws against the Jews, in order that the
Judaeorum pestis might be wholly exterminated, subjecting the converts
to minute regulations that he might assure himself of their religious
faith, and to the non-converted he granted the term of 12 months—from
1 February 681—in which to receive baptism under penalty of banish-
ment, scourging and the loss of all their hair. These laws, although
very severe, were milder than those of Receswinth, seeing that they
ch. vi. 12—2


## p. 180 (#212) ############################################

180 Erwig, Egica [680-687
excluded the death-penalty. The Twelfth Council of Toledo accepted
them in full.
By the use of similar methods, Erwig induced this Council—summoned,
within three months of his consecration—not only to sanction his usurpa-
tion and accept the false pretext that Wamba had become a monk of his
own free will and had charged the metropolitan of Toledo to anoint
him (Erwig) as his successor, but also to defame the memory of Wamba,
to forbid his restoration, and to proclaim the person of Erwig and his
family sacred and inviolable (Council XIII, Canon iv). Erwig was so
desirous of ingratiating himself with the dangerous elements of the nation
that he pardoned, not only those who had been punished in Wamba's
time for their share in the rebellion of Paulus, but also all those who had
been branded as traitors during the reign of Chintila, restoring to them
the property, titles, and civil rights which they had forfeited (Council
XIII). The second canon of the same Council continued this policy; it
laid down rules for the protection of the nobles, officials of the palace
and free-born men, in their suits, so as to prevent the arbitrary degrada-
tion and confiscation of property which the kings were wont to order.
But this was not the first time that the Visigothic legislation dealt with
this point, and established guarantees of this nature. In 682, Erwig,
by means of these laws and others, made a revised edition of the Liber
Judkiorum or Judicum1.
Before Erwig died in 687, he named as his successor Egica, a relation
of Wamba and his own son-in-law; and in November of that year
Egica was duly elected king. Notwithstanding the oath which he
had taken in the presence of Erwig to protect the family of his pre-
decessor, he at once divorced his wife Cixilona, degraded Erwig's other
relations, and punished the nobles who had taken the most prominent
part in the conspiracy which deprived Wamba of the throne; on the
other hand he favoured the partisans of Wamba, whom Erwig had perse-
cuted. This behaviour naturally led to another rebellion of the unruly
section of the Visigothic nobles. In the fifth year of Egica's reign,
1 If ire are to judge by the issue of the pretentious edict, which is preserved in
Law i. Lib. i. tit. 2 of the Forum Judicum, this revised edition was made in order to
recast all earlier legislation, and the new laws in order to prevent "the numerous
lawsuits and varied interpretations, opposition to the enforcement of the law, and
the want of decision and stability in the judgment of the court" In place of all
this it was intended to "substitute clearness for uncertainty, utility for harinfulness,
mercy for the death-penalty, and to abolish the obscurities, and supply the deficiencies
of the law. " But, in reality, very little of this was accomplished, for the essential
part of the new edition of the Liber rests on that of Receswinth, with the exception
of a few amendments of earlier laws, and the addition of some new ones, amongst
others those referring to the Jews (tit. 3 of Lib. xii), and one bearing on military
service (9th, 2nd, Lib. ix). Of the Code of Erwig, three copies have been preserved.
These date from the ninth and tenth centuries, the most important being that of
the Paris MS. 4418.


## p. 181 (#213) ############################################

693-694] Persecution of the Jews 181
a conspiracy was discovered of which Sisebert, metropolitan of Toledo,
was the leader. The aim of this conspiracy was to slay the king, his
sons, and five of the principal officials of the palace. The metropolitan
was deprived of his see, excommunicated and sentenced to exile for life,
with the confiscation of all his property.