The EUROPEAN LEGISLATURES. 147 



WHAT we know of the Spanifh diets before the invafion of 

 the Saracens, is alfo agreeable to the fame notions of the ancient 

 legiflatures. We have evidence, that both the grandees and the 

 populace gave their fuffrages at the elections of the Gothic kings*. 

 It is certain, that their cortes, or councils, were attended by the 

 dignified clergy, and by the palatines, or great provincial magi- 

 ftrates, comprehending duces, comitcs et gardingi, who had the 

 right of fummoning and leading forth the national militia f. 

 We have likewife evidence, that this militia, when in actual 

 fervice, formed occafionally what might be called a placitum ex- 

 ercltale :f> It feems highly probable, therefore, that this militia 

 likewife attended the cortes, which we find always accompanied 

 with a multitude, to whom the refolutions of the deliberative 

 body of it were communicated for approbation || ; a circum- 



t 2 fiance 



* IN the hiftory of the election and expedition of WAMBA into Gaul, published by 

 an archbifhop of Toledo, it is not only faid of him, " Quern totius gentis et patrias 

 " communio elegit," and that at his election " Populi acclamatio extitit," but alfo that 

 he had the " anhelantia plebium vota ;" and that a duke, by menaces, compelled him 

 to accept of the crown, Apud du Chefne, vol. i. 



f Vide L L. Vifigoth. et Concil. Tolet. Can. paflim. 



J WE have a very curious record of the trial and judgment of PAULUS, and his aflb- 

 ciates, for revolting in Narbonne againft WAMBA, in A. D. 673. It bears, that, after they 

 were vanquifhed and taken captive, " Convocatis adunatifque omnibus nobis, itidem 

 " fenioribus cunftis palatii, Gardingis omnibus, omnique palatino officio, feu etiam ad- 

 " flante exercitu univerfo in confpedtu gloriofiffimi noftri domini, PAULUS cum praedic- 

 " tis fociis fuis judicandus afliftebat." It does not certainly appear who the nobis 

 omnibus were, for there are no fubfcriptions preferved j but, I imagine, the enumeration 

 which fucceeds that expreffion is the true interpretation of it. Accordingly, fentence 

 feems to have been pronounced by the whole aflembly, " Ob hoc fecundum latae legis 

 " edidla, \\QComnescomtnunidefinivimusJentcntia." The punifliment was " mors tur- 

 " piffima," with a refervation, that the king might {pare their lives, " Sed non ali- 

 " ter quam evulfis luminibus." The proceedings at the trial are highly curious. The 

 king firft afked the rebels if he had done them any injury. They confefled he had not. 

 Then the record of their having joined in the king's election, and fworn fealty to him, 

 authenticated by their {ubfcription 1 !, was produced. Then followed the record of 

 PAULUS having accepted of their fealty; and, in fine, two laws of the councils of 

 Toledo againft rebellion were read. The firft of thefe fteps was probably neceflary, be- 

 caufe the Gothic kings at their election " fidem populis reddiderant." Apud du Chefne, 

 vol. i. p. 831. 



|| E. G. THE fpeech of St LEANDER, when the cortes renounced Arianifm, in the 

 reign of RECAREDO, in the end of the fixth century. 



