id="FNanchor_2_13"/>[2] The king could preside in cases of appeal in purely ecclesiastical affairs; and we know that Recared I. (587-601) and Sisebert (612-621) did in fact exercise this right. He also gained the power of nominating and translating bishops; but it is not clear when this privilege was first conceded to the king.[3] The Fourth Council of Toledo (633) enacted that a bishop should be elected by the clergy and people of his city, and that his election should be approved by the metropolitan and synod of his province: while the Twelfth Council, held forty-eight years later, evidently recognizes the validity of their appointment by royal warrant alone. Some have referred this innovation back to the despotic rule of Theodoric the Ostrogoth, at the beginning of the sixth century; others to the sudden accumulation of vacant sees on the fall of Arianism in Spain. Another important power possessed by the kings was that of convoking these national councils, and confirming their acts.

The sudden surrender of their Arianism by the Gothic king and nobles is a noticeable phenomenon. All the barbarian races that invaded Spain at the beginning of the fifth century were inoculated with the Arian heresy. Of these the Vandals carried their Arianism, which proved to be of a very persecuting type, into Africa. The Suevi, into which nation the Alani, under the pressure of a common enemy, had soon been absorbed, gave up their Arianism for the orthodox faith about 560. The Visigoths, however, remained Arians until a somewhat later period—until 589 namely, when Recared I., the son of Leovigild, held a national council and solemnly abjured the creed of his forefathers, his example being followed by many of his nobles and bishops.

The Visigoths, while they remained Arian, were on the whole remarkably tolerant[1] towards both Jews and Catholics, though we have instances to the contrary in the cases of Euric and Leovigild, who are said to have persecuted the orthodox party. The latter king, indeed, who was naturally of a mild and forgiving temper, was forced into harsh measures by the unfilial and traitorous conduct of his son Ermenegild. If the latter had been content to avow his conversion to orthodoxy without entering into a treasonable rebellion in concert with the Suevi and Imperialists against his too indulgent father, there is every reason to think that Leovigild would have taken no measures against him. Even after a second rebellion the king offered to spare his son's life—which was forfeit to the State—on condition that he renounced his newly-adopted creed, and returned to the Arian fold. His reason—a very intelligible one—no doubt was that he might put an end to the risk of a third rebellion by separating his son effectually from the intriguing party of Catholics. To call Ermenegild a martyr because he was put to death under such circumstances is surely an abuse of words.

With the fall of Arianism came a large accession of bigotry to the Spanish Church, as is sufficiently shewn by the canon above quoted from the Sixth Council of Toledo. A subsequent law was even passed forbidding anyone under pain of confiscation of his property and perpetual imprisonment, to call in question the Holy Catholic and Apostolic Church; the Evangelical Institutions; the definitions of the Fathers; the decrees of the Church; and the Sacraments. In the spirit of these enactments, severe measures were taken against the Jews, of whom there were great numbers in Spain. Sisebert (612-621) seems to have been the first systematic persecutor, whose zeal, as even Isidore confesses, was "not according to knowledge."[1] A cruel choice was given the Jews between baptism on the one hand, and scourging and destitution on the other. When this proved unavailing, more stringent edicts were enforced against them. Those who under the pressure of persecution consented to be baptised, were forced to swear by the most solemn of oaths that they had in very truth renounced their Jewish faith and abhorred its rites. Those who still refused to conform were subjected to every indignity and outrage. They were obliged to have Christian servants, and to observe Sunday and Easter. They were denied the ius connubii and the ius honorum. Their testimony was invalid in law courts, unless a Christian vouched for their character. Some who still held out were even driven into exile. But this punishment could not have been systematically carried out, for the Saracen invasion found great numbers of Jews still in Spain. As Dozy[2] well says of the persecutors—"On le voulut bien, mais on ne le pouvait pas."

Naturally enough, under these circumstances the Jews of Spain turned their eyes to their co-religionists in Africa; but, the secret negotiations between them being discovered, the persecution blazed out afresh, and the