After their conversion from idolatry or heresy, the Frank and the Visigoths were disposed to embrace, with equal submission, the inherent evils and the accidental benefits, of superstition. But the prelates of France, long before the extinction of the Merovingian race, had degenerated into fighting and hunting Barbarians. They disdained the use of synods; forgot the laws of temperance and chastity; and preferred the indulgence of private ambition and luxury to the general interest of the sacerdotal profession. The bishops of Spain respected themselves, and were respected by the public: their indissoluble union disguised their vices, and confirmed their authority; and the regular discipline of the church introduced peace, order, and stability, into the government of the state. From the reign of Recared, the first Catholic king, to that of Witiza, the immediate predecessor of the unfortunate Roderic, sixteen national councils were successively convened. The six metropolitans, Toledo, Seville, Merida, Braga, Tarragona, and Narbonne, presided according to their respective seniority; the assembly was composed of their suffragan bishops, who appeared in person, or by their proxies; and a place was assigned to the most holy, or opulent, of the Spanish abbots. During the first three days of the convocation, as long as they agitated the ecclesiastical question of doctrine and discipline, the profane laity was excluded from their debates; which were conducted, however, with decent solemnity. But, on the morning of the fourth day, the doors were thrown open for the entrance of the great officers of the palace, the dukes and counts of the provinces, the judges of the cities, and the Gothic nobles, and the decrees of Heaven were ratified by the consent of the people. 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.

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.