The
Siete Partidas (Seven-Part Code) or simply
Partidas was a
CastilianThe Crown of Castile, as a historic entity, is usually considered to have begun in 1230 with the third and almost definitive union of the monarchies of kingdoms Castile and Toledo in one hand, and the kingdoms of Leon and Galicia in other hand, and with the union of their parliaments a few decades...
statutory code first compiled during the reign of
Alfonso X of CastileAlfonso X was a Castilian monarch who ruled as the King of Castile, León and Galicia from 1252 until his death...
(1252-1284), with the intent of establishing a uniform body of normative rules for the kingdom. The codified and compiled text was originally called the
Libro de las Leyes (Old Spanish:
Livro de las legies) (Book of Laws). It was not until the 14th century that it was given its present name, referring to the number of sections into which it is divided.
The Siete Partidas is considered Spain's most important contribution to the history of law. The Partidas had great significance in
Latin AmericaLatin America is a region of the Americas where Romance languages – particularly Spanish, Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,501 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
as well, where it was followed for centuries, up to the 1800s. Although the code concentrates on legislative issues, it has also been described as a "humanist encyclopedia," as it addresses philosophical, moral and theological topics as well, including the Greco-Roman,
Judeo-ChristianJudeo–Christian is a term used in the United States, broadly to describe a body of concepts and values thought to be held in common by Judaism and Christianity...
and
Islamic viewpointsSharia is an Arabic word meaning ‘way’ or ‘path’. In Arabic, the collocation ‘Šarīʿat Allāh’ is traditionally used not only by Muslims, but also Christians and Jews, sometimes translating expressions such as Torat Elōhīm [תורת אלוהים] or ‘ho nómos toû theoû' '’...
.
Writing
According to one of the oldest versions of the
Partidas, it was written between June 26, 1256 and August 28, 1265 by a commission of the principal Castilian jurists of the day, under the personal direction of Alfonso X. However other time periods have been proposed: 1254 to 1261; 1256 to 1263; and 1251 to 1265. In any event, the majority of historians believe that it was not completed until 1265.
The traditional view, shared by historian
Francisco Martínez MarinaFrancisco Xavier Martinez Marina was a noted Spanish jurist, historian and priest.Born in Oviedo, capital city of the Principality of Asturias in northern Spain, he was director of the Real Academia de la Historia, an institution dedicated to the study of Spain's political, civilian,...
and philologist
Antonio SolalindeAntonio García de Solalinde was a writer, professor and philologist born in the town of Toro in Spain. He was director of the Escuela Española de Historia y Arqueología en Roma and an important collaborator in the Revista de Filología Española...
, is that the Siete Partidas codices were written by a commission of jurists (or members of the
chancelleryChancellery is the office of the chancellor, sometimes also referred to as the chancery. Both of those words have other meanings as well.Chancellery can specifically refer to:...
), and the involvement of Alfonso X was likely limited to setting out the goals of the text and the subjects to be addressed, as well as personally reviewing and amending the work of the commission. The commission is thought to have been made up of: Master Jacobo, a legal scholar; Juan Alfonso, a
civil law notaryCivil-law notaries are specialized lawyers acting as public officers with jurisdiction over voluntary, i.e., non-contentious, private law. Unlike notary publics, their common-law counterparts, they are able to provide legal advice and prepare instruments with legal effect...
from
LeónKingdom of León was an independent country situated in the northwest region of the Iberian Peninsula. It was founded in 910 AD when the Christian princes of Asturias along the northern coast of the peninsula shifted their main seat from Oviedo to the city of León...
; a certain Master Roldán; and Fernando Martinez de Zamora (one of the first Castilian jurists).
During the 18th century it was popularly believed that the Partidas was exclusively written by Alfonso X. This position was championed by Jesuit historian and writer, Andrés Marcos Burriel (Padre Burriel). Nevertheless, a significant debate has arisen concerning the authorship of works associated with Alfonso X. Other texts of the same period (1254–1256) normally attributed to Alfonso X such as
el Setenario,
Fuero Real and the
Espéculo display pronounced similarities to each other and to the
Partidas. Despite scholarly efforts to determine the scope, relationships, and purpose of each of the texts, no consensus has been reached.
The
attributionIn general, the term credit in the artistic or intellectual sense refers to an acknowledgement of those who contributed to a work, whether through ideas or in a more direct sense.-Credit in the arts:...
debate was principally sparked by Alfonso García-Gallo's 1951-52 article,
El "Libro de las Leyes" de Alfonso el Sabio. Del Espéculo a las Partidas (The "Book of Laws" of Alfonso the Wise. From the Espéculo to the Partidas). The questions raised in the article were expanded in other, later works.
García-Gallo proposed that the
Partidas was not the work of Alfonso X and that it was not finished during his reign, but rather was written in the 14th century, long after the learned king's death in 1284, and that it was a reworking of the
Espéculo. He based his position on the fact that the first reliable references to the
Partidas in other texts date from the beginning of the 14th century, and that the source materials for the
Partidas were not known in the
Iberian peninsulaThe Iberian Peninsula, or Iberia, is located in the extreme southwest of Europe and includes modern-day Spain, Portugal, Andorra and Gibraltar and a very small area of France. It is the westernmost of the three major southern European peninsulas—the Iberian, Italian, and Balkan peninsulas...
until later than the date of composition claimed for the codex.
In any case, Alfonso X continues to be nominally credited as the author of the
Siete Partidas, or at least of the original version, whatever his role in its creation may have been, since the custom with great works of this type was to attribute them to the monarch or other ruler who commissioned them, even though it was known that they had no hand in the preparation (as was the case with the
Code of HammurabiThe Code of Hammurabi is a well-preserved ancient law code, created ca. 1790 BC in ancient Babylon. It was enacted by the sixth Babylonian king, Hammurabi...
, and
JustinianFlavius Petrus Sabbatius Iustinianus ; AD 483 – 13 or 14 November 565, known in English as Justinian I or Justinian the Great, was the second member of the Justinian Dynasty and Eastern Roman Emperor from 527 until his death...
's
Corpus Juris CivilisThe Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor....
).
Purpose
Despite its lengthy treatment of philosophical issues, some have maintained that the
Partidas is intended as a legislative text rather than a work of legal theory—a view explicitly supported by the prologue, which indicates that it was created only so that it could be used to render legal judgments.
Yet, García-Gallo has contended that, the prologue notwithstanding, the
Siete Partidas was rarely put into practice until over a century after it was written. Resistance to the
Partidas, especially among the Castilian nobility, led the
CortesThe Cortes Generales is the legislature of Spain. It is a bicameral parliament, composed of the Congress of Deputies and the Senate . The Cortes has power to enact any law and to amend the constitution...
(legislature) to enact the Ordinances of Zamora in 1274. These laws set qualifications for judges serving on the royal tribunal and restricted the application of the
Partidas to the
pleitos del rey, that is, legal cases under the exclusive jurisdiction of the king. All other matters (
pleitos foreros) were governed by local laws or
fueros. It was not until the “late enactment” by Alfonso XI in 1378 that the
Partidas became widely applied. Furthermore, opposition to the
Partidas can explain the differences among the similar texts listed above.
In any case, if the
Partidas was written as a legal code, its ultimate objective has been a matter of dispute. Alfonso X, in what was called the
fecho del imperio ("affair of the empire"), had aggressively pursued the crown of the
Holy Roman EmpireThe Holy Roman Empire was a union of territories in Central Europe during the Middle Ages and the Early Modern period under a Holy Roman Emperor. The first emperor of the Holy Roman Empire was Otto I, crowned in 962. The last was Francis II, who abdicated and dissolved the Empire in 1806 during...
. His purpose for creating the Siete Partidas may have been to create a universally valid legal text for the entire Empire. In support of this argument, Aquilino Iglesias claimed in 1996 that the
Partidas contained no references to Castilian territorial organization.
Others, among them García-Gallo, argued by way of rebuttal that even though sometimes the role of the emperor appears higher than that of the monarchy, in other places the role of the monarchy appears higher than that of the emperor, and that furthermore the text was written in Spanish, rather than in Latin.
What is certain is that the
Partidas, including the prologue, makes no reference whatsoever to any intention to acquire the imperial crown. Moreover, some authors, such as Juan Escudero (a disciple of García-Gallo), have found references in the text to Castile's specific territorial organization, for example,
villas.
Therefore, it is generally believed that with the creation of the
Partidas, Alfonso X was trying to unify the kingdom's legal system, not by using the 'local' approach of his father
Ferdinand IIISaint Ferdinand III , was the King of Castile from 1217 and King of Galicia and Leon from 1230. He was the son of Alfonso IX of León and Berenguela of Castile. Through his second marriage he was also Count of Aumale. He finished the work done by his maternal grandfather Alfonso VIII and...
(that is, by granting the same
fuero to various regions), but rather through a general code that applied to the entire country.
In this regard it has been argued that Alfonso X was moved by nascent national pride and a desire to establish Castilian as the common language of his kingdom when he commissioned and supported the work of the Castilian jurists and scholars in writing the "Siete Partidas".
Enactment
It is not known whether the
Siete Partidas was enacted by Alfonso X. Some authors believe so, and assert that the overthrow of the learned king by his son
Sancho IVSancho IV the Brave was the king of Castile, León and Galicia from 1284 to his death. He was the second son of Alfonso X and Yolanda, daughter of James I of Aragon....
would have suspended its applicability. In a similar vein, Gaspar Melchor de Jovellanos claimed in 1797 that the descendants of Sancho IV suppressed the document of enactment because the provisions of the
Partidas raised doubts about their rights to the crown, since the
Partidas established the right of representation in the succession to the throne.
Without taking away from the preceding argument, the
Partidas undoubtedly acquired legal force under Alfonso XI, upon being incorporated in the
orden de prelación by the first law of article 28 of the
Ordenamiento de AlcaláThe Ordenamiento de Alcalá is a collection of 58 laws enacted by the courts of Alfonso XI in Alcalá de Henares in 1348. They are an important part of the principal legislative body of the Castilian Crown during the low Middle Ages until the 1505 Leyes de Toro....
of 1378. This fact is considered by those authors who do not believe that the
Partidas was enacted by Alfonso X as a "late enactment".
Sources
The
Siete Partidas can be characterised as a text of
civil lawCivil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals and/or organizations, in which compensation may be awarded to the victim...
or ius commune (based on Justinian
Roman lawThe term Roman law denotes the legal system of ancient Rome, and the legal developments which occurred before the seventh century AD — when the Roman–Byzantine state adopted Greek as the official lingua franca. The development of Roman law comprises more than a thousand years of jurisprudence —...
,
canon lawCanon law is the body of laws and regulations made by or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Roman Catholic Church, the Eastern Orthodox churches, and the Anglican Communion of...
, and
feudal lawsFeudalism is a decentralized sociopolitical structure in which a weak monarchy attempts to control the lands of the realm through reciprocal agreements with regional leaders...
), alongside influences from
Islamic lawSharia is an Arabic word meaning ‘way’ or ‘path’. In Arabic, the collocation ‘Šarīʿat Allāh’ is traditionally used not only by Muslims, but also Christians and Jews, sometimes translating expressions such as Torat Elōhīm [תורת אלוהים] or ‘ho nómos toû theoû' '’...
.
Its sources were diverse. Among the most important were the
Corpus Iuris Civilis of Justinian; the works of the Roman glossators and commentators, for example
Franciscus AccursiusThis article is about the Italian jurist. For other uses, see Accursius .Accursius was an Italian jurist. He is notable for his organization of the glosses, the medieval comments on Justinian's codification of Roman law, the Corpus Juris Civilis...
and Azzus; canon law texts like the Decrees of Gregory IX and the work of Saint Raimundo de Peñafort; the Islamic legal treatise
Villiyet written in
Islamic SpainAl-Andalus was the Arabic name given to the parts of the Iberian Peninsula and Septimania governed by Arab and North African Muslims , at various times in the period between 711 and 1492....
; and some Castilian
fueros and customs.
Older sources include philosophical works by
AristotleAristotle was a Greek philosopher, a student of Plato and teacher of Alexander the Great. He wrote on many subjects, including physics, metaphysics, poetry, theater, music, logic, rhetoric, politics, government, ethics, biology, and zoology.Together with Plato and Socrates , Aristotle is one of...
and
SenecaLucius Annaeus Seneca was a Roman Stoic philosopher, statesman, dramatist, and in one work humorist, of the Silver Age of Latin literature. He was tutor and later advisor to emperor Nero...
; the
BibleThe Bible contains the central religious texts of Judaism and Christianity. Modern Judaism generally recognizes a single set of canonical books known as the Tanakh, or Hebrew Bible, as it is written almost entirely in the Hebrew language, with some small portions in Aramaic...
and texts by the
Church FathersThe Church Fathers, Early Church Fathers, or Fathers of the Church are the early and influential theologians and writers in the Christian Church, particularly those of the first five centuries of Christian history. The term is used of writers and teachers of the Church, not necessarily saints...
; works by
Isidore of SevilleSaint Isidore of Seville was Archbishop of Seville for more than three decades and is considered, as Montalembert put it in an oft-quoted phrase, "le dernier savant du monde ancien"...
and
Thomas AquinasSaint Thomas Aquinas, O.P. was a priest of the Roman Catholic Church in the Dominican Order from Italy, and an immensely influential philosopher and theologian in the tradition of scholasticism, known as Doctor Angelicus and Doctor Communis...
; the
Libri FeudorumThe Libri Feudorum is a twelfth century collection, originating in Lombardy, of feudal customs. The work gained wide acceptance as a statement of the various rules governing the relation of lord and vassal.Later in the century it was integrated into civil law...
(compilation of
LombardicThe Lombards were a Germanic people originally from Northern Europe who settled in the valley of the Danube and from there invaded Byzantine Italy in 568 under the leadership of Alboin. They established a Kingdom of Italy which lasted until 774, when it was conquered by the Franks...
feudal law); the
Roles D´Olerons (a collection of writings on
commercial lawCommercial law is the body of law that governs business and commercial transactions. It is often considered to be a branch of civil law and deals with issues of both private law and public law....
); the
Doctrinal de los juicios (Trial Manual) and the
Flores de Derecho (
Flowers of law) by Maestro Jacobo, who also worked on the
Partidas; and the
Margarita de los pleytos by Fernando Martínez de Zamora.
Structure and content
The
Partidas brings together all the jurisprudence of the era into a single, unified vision, and for that reason has been regarded as a
summa de derecho (the highest and binding authority for deciding legal issues). It deals, among other things, with constitutional law, civil law, commercial law, criminal law, and trial law (both civil and criminal).
It was written in an elegant, literary Spanish style, inspired by a theological vision of the world. It contains a
Prologue, which lays out the object of the work, and seven parts, or books, called
partidas, each of which starts with a letter of the name of the learned king, thus forming an
acrosticAn acrostic is a poem or other form of writing in an alphabetic script, in which the first letter, syllable or word of each line, paragraph or other recurring feature in the text spells out a word or a message...
of the name 'Alfonso':
- A seruicio de Dios... (For the service of God...)
- La ffe cathólica... (The Catholic faith...)
- Fizo Nuestro Sennor Dios... (Our Lord God did...)
- Onras sennaladas... (Special rites...)
- Nascen entre los ommmes... (Among men there arise...)
- Sesudamente dixeron... (The ancient wise men sagely said...)
- Oluidança et atreuimiento... (Forgetfulness and boldness...)
Each partida
is divided into articles
(182 in total), and these are composed of laws (2802 in all).
Its provisions are normally accompanied by references to authors and texts, allegories and examples, and, especially, a reasoned explanation of their origins and background—etymological, religious, philosophical and historical—for they are not meant to be merely prescriptive laws.
The contradictions that exist between the various provisions were the result of the way the task of composition was organized, whereby each partida
was written by a different person.
First
Partida
The first partida
consists of 24 articles (títulos) comprising 516 laws. It opens by recognizing the
sources of lawSources of law are the materials and processes out of which law is developed. In modern nation states, the basic sources of law include a Constitution, statutes, case law, and regulations issued by government agencies. Sources of law for public international law and religious law differ, however,...
(in article I), which is a rather symbolic introduction for the work. It describes the law, and explains the consequences of obeying both just and unjust laws; it refers to the way in which good laws are formulated, relating the power of the
governmentA government is the body within a community, political entity or organization which has the authority to make and enforce rules, laws and regulations.....
to the authority of knowledge (1,1,9); and it classifies laws into 'canonical' and 'secular' categories (1,1,3).
It mentions the qualities that a good
legislatorA legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people...
should possess: an unwavering mindfulness of
GodGod is a deity in theistic and deistic religions and other belief systems, representing either the sole deity in monotheism, or a principal deity in polytheism....
, a love of justice, a knowledge of the law, and a willingness to change laws if necessary (1,1,11). Finally, it discusses the authority of precedent, and sets out the requirements for its legal validity, that is, is it in agreement with the law, outside the law, or contrary to the law?
It next turns its attention to canon law, that is, law relating to ecclesiastical matters. It refers to Catholic
dogmaDogma is the established belief or doctrine held by a religion, ideology or any kind of organization: it is authoritative and not to be disputed, doubted or diverged from. The term derives from Greek "that which seems to one, opinion or belief" and that from , "to think, to suppose, to imagine"...
and sacraments, the organization of the
ChurchThe Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church. With more than a billion members, over half of all Christians and more than one-sixth of the world's population, the Catholic Church is a communion of the Western, or Latin Rite Church, and...
, rights and responsibilities of the
clergyClergy is the generic term used to describe the formal religious leadership within a given religion. The term ultimately comes from the Greek κλῆρος - klēros, "a lot", "that which is assigned by lot" or metaphorically, "inheritence"....
, and the
right of asylumRight of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or Church sanctuaries...
in churches.
There are important differences between versions of this partida
. These are the result of a revision, which was carried out in order to limit the powers of the monarchy, given the rejection by the nobility of the original text of the first partida
, which reaffirms the power of the monarchy over them. This situation could also explain the so-called "late enactment".
Second
Partida
The second partida
consists of 31 articles comprising 359 laws. It deals with temporal power and
public lawPublic law is a theory of law governing the relationship between individuals and the state. Under this theory, Constitutional law, administrative law and criminal law are sub-divisions of public law...
, that is, government and those involved in it, such as emperors, kings, and other persons of influence. It makes a distinction between spiritual and temporal power, recognizing a duality in the structure of power and a harmonious relation between both spheres.
It sets out important provisions of political law (2, 1, 5), with reference to the king, the origin and goal of power, and the relationship between leadership and obedience, based in faith and reason. It deals with the rights and duties of the king towards God, the people, and the country, and the rights and duties of the people toward God, the king, and the country. It also speaks about the royal family and the rules of succession, setting out the conditions for acquiring the throne.
This partida
ends with a discussion of the university (2, 31, 1), one of the most important late medieval institutions.
Third
Partida
The third partida consists of 32 articles comprising 543 laws. It covers justice and its administration, including civil process and
imperial judicial powerImperium in a broad sense translates as 'power'. In ancient Rome the concept applied to people and meant something like 'power status' or 'authority' or could be used with a geographical connotation and meant something like 'territory'...
. Legal procedure is its primary theme: the people who participate in
trialIn law, a trial is when parties to a dispute come together to present information in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute....
s and the rules by which they are carried out.
Regarding
lawsuitA lawsuit is a civil action brought before a court of law in which a plaintiff, a party who claims to have received damages from a defendant's actions, seeks a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
s, it discusses the
plaintiffA plaintiff , also known as a claimant or complainant, is the party who initiates a lawsuit before a court...
and
defendantA defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute....
; judges (3,4,3) and
lawyerA lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain stability, and deliver...
s (3,4,6); time limits and means of proof, among them notarized documents (3,18,1), and, therefore, notaries (3,19,1); sentences; and appeals.
It concludes with property rights (3,28,1), recognizing the existence of certain goods in the
public domainThe public domain is a range of abstract materials—commonly referred to as intellectual property—which are not owned or controlled by anyone. The term indicates that these materials are therefore "public property", and available for anyone to use for any purpose...
; possession (3,30,1); the
statute of limitationsA statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated...
;
usucaptionUsucaption is a concept found in civil law systems and has its origin in the Roman law of property.Usucaption is a method by which ownership of property can be gained by lapse of time...
, a method by which ownership of property can be gained by lapse of time; and
easementAn easement is a non-possessory interest to use real property in possession of another person for a stated purpose. An easement is considered as a property right in itself at common law and is still treated as a type of property in most jurisdictions...
, the right of use over the
real propertyIn the common law, real property refers to one of the two main classes of property, the other being personal property. Real property generally encompasses land, land improvements resulting from human effort including buildings and machinery sited on land, and various property rights over the...
of another.
Fourth Partida
The fourth partida consists of 27 articles comprising 256 laws. Its subject is
family lawFamily law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
, as well as other permanent relationships between people, other than matrimony and biological kinship.
It deals with
engagementAn engagement is a promise to marriage, and also the period of time between proposal and marriagewhich may be lengthy or trivial. During this period, a couple is said to be affianced, betrothed, engaged to be married, or simply engaged...
(4,1,2); matrimony (4,2,1) and the capacity, form, and validity of the canon law to which it is subject;
divorceDivorce or dissolution of marriage is the final termination of a marriage, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between two persons...
(which does not refer to the dissolution of the matrimonial bond, but rather with separation or the cessation of cohabitation); legitimate and illegitimate
patrimonyPatrimony may refer to:* Property or other legal entitlements inherited from one's father, especially if it has been handed down through generations in the same family, birthright....
(4,14,1); parens patriae
(the rights of the state to intervene in the interests of minor children); slaverySlavery is a form of forced labor in which people are considered to be the property of others. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to receive compensation...
(4,23,8), described as the "vilest thing in this world" after sin itself; the civil status of persons (free and slave; noble and commoner; clergy and laity; legitimate and illegitimate; Christian, Moor, and Jew; male and female); serfdom and fiefs; and the bonds of friendship.
Fifth
Partida
The fifth partida
consists of 15 titles comprising 374 laws. Is subject is private lawPrivate law is that part of a legal system that involves relationships between individuals. This includes the law of contracts or torts and the law of obligations...
, which pertains to the common legal acts and contracts that people participate in throughout their lives.
It deals with various kinds of contracts: loans, prohibiting usury, that is, the charging of interest; comodato
(a contract giving someone the use of something, with the obligation to return it); deposito
(a contract in which someone agrees to hold and keep secure something for another person); donación
(a contract by which one person gives something to another outright, expecting nothing in return); compraventa
(a contract governing a sale, which follows Roman law in requiring that the method by which the seller acquired the object be specified); permuta
(a contract governing the exchange of goods); arrendamiento
(a rental contract); contracts governing companies and corporations; verbal contracts; contracts of surety, mortgages, and collateral.
It also deals with payment and the surrender of property. Likewise, it contains important rules for commercial law, governing persons engaged in business, and commercial contracts.
Sixth
Partida
The sixth partida
consists of 19 articles comprising 272 laws. It addresses inheritanceInheritance is the practice of passing on property, titles, debts, and obligations upon the death of an individual. It has long played an important role in human societies...
, guardianship, and the rights of minorIn law, the term minor is used to refer to a person who is under the age in which one legally assumes adulthood and is legally granted rights afforded to adults in society. Depending on the jurisdiction and application, this age may vary, but is usually marked at either 18, 20, or 21...
s.
Article 1 gives general information about willA will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his estate and provides for the transfer of his property at death. For the devolution of property not disposed of by will, see inheritance and intestacy...
s. It defines two kinds of wills: testamentum nuncupativum
, a verbal will, and testamentum in scriptis
, a written will. Both kinds of wills must generally be made in the presence of seven witnesses who must be men of good reputation over the age of fourteen (6,1,1). An intersex individual (hermaphroditus) can not witness a will unless this person is more like a man than a woman (6,1,10). Article 1 prohibits any person who is mute or deaf from birth (6,1,13), permanently exiled, condemned to death (6,1,15), or in a religious order (6,1, 17) from making a will. Finally, Article 1 address the ways in which wills can be annulled.
Article 2 addresses procedures regarding wills made in secret. Articles 3 through 6 describe the appointment of heirs. They forbid women who marry less than a year after the death of their husband from being heirs (6,3,5). They suggest that estates be divided into twelve parts (6,3,16) and address conditions that can be placed on heirs by a will. They also explain various ways that substitute heirs can be appointed if the original heirs should die or refuse to comply with the conditions laid out in the will and describe how potential heirs can take inventory of an estate before deciding to accept an inheritance.
Articles 7 and 8 describe disinheritance. A father is allowed to disinherit his children if they defame or physically attack him. A father can disinherit his son if the son becomes a wizard, buffoon,
Muslim:A Muslim , , is an adherent of the religion of Islam. The feminine form is Muslimah . Literally, the word means "one who submits ". Muslim is the participle of the same verb of which Islam is the infinitive. Muslims believe that there is only one God, translated in Arabic as Allah...
, or
JewThe Jews , also known as the Jewish people, are an ethnoreligious group originating in the Israelites or Hebrews of the Ancient Near East. The Jewish ethnicity, nationality, and religion are strongly interrelated, as Judaism is the traditional faith of the Jewish nation...
, or if he fights wild beasts for money, does not pay a ransom or bail for the father, or lies with any of the father’s mistresses (6,7,4-7). A man may disinherit his brothers for any reason or no reason (6,7,12). Someone who has been disinherited can challenge and break a will if the disinheritance is deemed unlawful.
Articles 9 through 11 concern
bequestA bequest is the act of receiving property by will. Strictly, "bequest" is used of personal property, and "devise" of real property. It means the same thing as bequeath in legal terminology....
s of property. Article 12 addresses
codicilCodicil can refer to:* Codicil : An addition made to a will* Any addition made subsequent and appended to the original.* Any addition or appendix, such as a corollary to a theorem* Codicil : A poem by Derek Walcott...
s. Article 13 addresses
intestacyIntestacy is the condition of the estate of a person who dies owning property greater than the sum of his enforceable debts and funeral expenses without having made a valid will or other binding declaration; alternatively where such a will or declaration has been made, but only applies to part of...
. It establishes three degrees of relationship: descendants, such as sons and grandsons, ascendants, such as fathers and grandfathers, and collaterals, such as brothers and uncles. When someone dies intestate, his property passes first to descendants, then to ascendants, and then to collaterals (6,13,2-5). Articles 14 and 15 describe the delivery and partitioning of an estate.
Article 16 describes guardianship of orphans. A guardian, called a tutor
, for a child under fourteen can be appointed by an ascendant or by a judge (6,16,2). A mother cannot be the guardian of her children if she remarries after the death of their father (6,16,5). Guardians for those over fourteen but younger than 25 are called curatores (6,16,13). Guardians must care for the property of their wards, teach them to read and write, and represent them in court (6,16,15-17).
Article 17 specifies ways that someone can avoid becoming a guardian.
KnightA knight was a "gentleman soldier" or member of the warrior class of the Middle Ages in Europe. In other Indo-European languages, cognates of cavalier or rider are more prevalent suggesting a connection to the knight's mode of transport...
s, teachers, philosophers, manual laborers, the illiterate, and enemies of the child’s father can not be appointed guardian against their wishes (6,17,3). Article 18 describes how a guardian can be removed from office.
Article 19 provides the right of
restitutio in integrumRestitutio in integrum is a Latin maxim which means restoration to original condition. It is one of the primary guiding principles behind the awarding of damages in common law negligence claims...
for minors who suffer damage to their property through their own negligence. A person under 25 can demand restitution for losses caused by their recklessness (6,19,2). Furthermore, a boy under fourteen cannot be prosecuted for adultery or licentious conduct (6,19,4). Churches, kings, and councils also have the ability to demand restitution for losses they endure due to the fraud or negligence of others (6,19,10).
Seventh Partida
The seventh and final partida consists of 34 articles, comprising 363 laws. It deals with criminal law and criminal trials, that is, with crimes and criminal procedure (on the inquisitorial model). It also discusses Muslim and Jewish law.
It allows
tortureTorture, according to the United Nations Convention Against Torture, is:In addition to state-sponsored torture, individuals or groups may be motivated to inflict torture on others for similar reasons to those of a state; however, the motive for torture can also be for the sadistic gratification of...
when there is insufficient evidence in a criminal case (7,30,1). However, it only permits torture against those of bad reputation or inferior rank. It prohibits torture of children under fourteen, pregnant women, knights, and doctors of law or science (7,30,2). Furthermore, it states that a person can only be tortured if "common rumor" and at least one credible witness suggest that he or she committed a crime. It requires that torture be conducted in the presence of a judge and a notary and prohibits the judge from mentioning any other person by name during the torture (7,30,3). If someone confesses to a crime during torture, it requires that the confession be confirmed later in the absence of any coercion (7,30,4).
A large part of the text is concerned with various crimes, known as yerros, among them treason against the king; misrepresentation; homicide, divided into three types: criminal (intentional) homicide, accidental homicide, and homicide in self-defence; crimes against honour; robbery, theft, and damages—clearly distinguishing between robbery (stealing with violence) and theft (stealing without violence); frauds and swindles; adultery, incest, rape, sodomy, procuring, and witchcraft; heresy, suicide, and blasphemy.
It distinguishes between acts committed by those who cannot be held responsible, such as the insane or children under ten, and those done by the competent. Furthermore, it recognizes the difference between attempted and completed crimes (7,31,2) and makes allowance for certain forms of instigation and complicity. It also details exculpatory, mitigating, and aggravating circumstances (7,31,8). It addresses
prisonA prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Other terms are penitentiary, correctional facility, and jail , although in the United States "jail" and "prison" refer to different subtypes of correctional facility...
s and establishes rules for wardens (7,29,8).
The seventh partida asserts that the purpose of punishment (7,31,1) is both
retributionRetributive justice is a theory of justice that considers that punishment, if proportionate, is a morally acceptable response to crime, with an eye to the satisfaction and psychological benefits it can bestow to the aggrieved party, its intimates and society....
and
deterrenceDeterrence is often contrasted with retributivism, which holds that punishment is a necessary consequence of a crime and should be calculated based on the gravity of the wrong done.Deterrence can be divided into three separate categories....
. It establishes the public character of punitive actions and specifies seven kinds of punishment (7,31,4):
- Death
Capital punishment or the death penalty, is the execution of a person by judicial process as a punishment for an offense. Crimes that can result in a death penalty are known as capital crimes or capital offences....
or loss of a limb
- Life of labor
Penal labour or penal servitude is a form of unfree labour. The term may refer to several related situations: labour as a form of punishment, the prison system used as a means to secure labour, labour as a form of occupation of convicts, and labour camps used as a form of political intimidation.-...
- Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious felony crime where the convicted person is to remain in prison for the rest of his or her life...
- Permanent exile
Exile means to be away from one's home , while either being explicitly refused permission to return and/or being threatened by prison or death upon return...
with confiscation of property
- Permanent exile
Exile means to be away from one's home , while either being explicitly refused permission to return and/or being threatened by prison or death upon return...
without confiscation of property
- Infamy or loss of office
- Public flagellation
Flagellation or flogging is the act of methodically beating or whipping the human body. Specialised implements for it include rods, switches, the cat-o-nine-tails and the sjambok...
, wounding, or naked exhibition while covered with honey to attract flies
The first four punishments are for serious crimes while the last three are for minor crimes.
The Siete Partidas, imitating the
Digest of JustinianThe Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor....
and the
DecretalDecretals is the name that is given in Canon law to those letters of the pope which formulate decisions in ecclesiastical law.They are generally given in answer to consultations, but are sometimes due to the initiative of the popes...
s, ends with an article about the rules of
lawLaw is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets...
.
Editions
In addition to the diversity of manuscripts and other copies produced after the appearance of the
printing pressA printing press is a mechanical device for applying pressure to an inked surface resting upon a medium , thereby transferring an image. The mechanical systems involved were first assembled in Germany by the goldsmith Johannes Gutenberg around 1440, based on existing screw-presses used to press...
in the 15th century, there existed three main editions of the Siete Partidas:
- An edition annotated by Alonso Díaz de Montalvo
Alonso Díaz de Montalvo was a Spanish jurist.After studying law at Lleida and Salamanca, he served in high judicial and administrative offices under the Catholic Monarchs...
, published in SevilleSeville is the artistic, cultural, and financial capital of southern Spain. It is the capital of Andalusia and of the province of Seville. It is situated on the plain of the River Guadalquivir, with an average elevation of above sea level. The inhabitants of the city are known as Sevillanos or...
, 1491. There were eight copies by 1528.
- An edition annotated by Gregorio López
Gregorio López de Tovar was a president of the Consejo de Indias, humanist, jurist and lawyer for the Catholic Monarchs, Queen Lisabella I of Castile and King Ferdinand II of Aragon....
, published in SalamancaSalamanca is a city in western Spain, the capital of the province of Salamanca, which belongs to the autonomous community of Castile and Leon...
, 1555. There were 15 copies by 1855. This edition received legitimacy by royal decree on September 7, 1555, and was the version most used in Hispanic AmericaHispanic America or Spanish America is strictly the region comprising the American countries inhabited by Spanish–speaking populations....
.
- An edition from the Real Academia de la Historia
Real Academia de la Historia is a Spanish institution that studies history "ancient and modern, political, civil, ecclesiastical, military, scientific, of letters and arts, that is to say, the different branches of life, of civilisation, and of the culture of the Spanish people".It was established...
, published in 1807. Declared official by sovereign dictate on March 8, 1818.
Influence and importance
The Siete Partidas, as the centerpiece of legislative activity under Alfonso X, represents the high point of the acceptance of common law (from Roman and canonical traditions) in
SpainSpain , officially the Kingdom of Spain , is a country located in southwestern Europe on the Iberian Peninsula.
[The Spanish constitution does not establish any official denomination of the country, even though España , Estado español and Nación española are used interchangeably...]
. Moreover, it constitutes one of the most important judicial works of the
Middle AgesThe Middle Ages of European history is a period of European history covering roughly a millennium in the 5th century through 16th centuries. More specific starting and ending points are sometimes adopted by scholars to suit their respective specializations or current focus...
.
The artfulness of the presentation of the material and the beauty of its language garnered considerable prestige for the work both inside and outside of
CastileThe Crown of Castile, as a historic entity, is usually considered to have begun in 1230 with the third and almost definitive union of the monarchies of kingdoms Castile and Toledo in one hand, and the kingdoms of Leon and Galicia in other hand, and with the union of their parliaments a few decades...
, and the work was known throughout the Christian West. It served as a text of study in many universities of the day, and it was translated into several languages, including
CatalanCatalan is a Romance language, the national and official language of Andorra, and a co-official language in the Spanish autonomous communities of the Balearic Islands, Catalonia and Valencian Community, where it is known as Valencià , as well as in the city of Alghero on the Italian island of...
,
PortuguesePortuguese is a Romance language that originated in what is now Galicia and northern Portugal. It is derived from the Latin spoken by the romanized Pre-Roman peoples of the Iberian Peninsula around 2000 years ago...
,
GalicianGalician is a language of the Western Ibero-Romance branch, spoken in Galicia, an autonomous community located in northwestern Spain, as well as in small bordering zones in the neighbouring autonomous communities of Asturias and Castile and León and in Northern Portugal.Galician and Portuguese...
and
EnglishEnglish is a West Germanic language that developed in England during the Anglo-Saxon era. As a result of the military, economic, scientific, political, and cultural influence of the British Empire during the 18th, 19th, and early 20th centuries, and of the United States since the mid 20th century,...
.
Likewise, it was one of the most important legal texts for the governing of Castile (given that it regulated so many matters) and, later, the
Spanish empireThe Spanish Empire was one of the largest empires in world history, and one of the first global empires. It included territories and colonies in Europe, the Americas, Africa, Asia and Oceania, from the 15th century through—in the case of its African holdings—the latter portion of the 20th century...
. From the beginnings of European expansion into the New World, it was introduced to Spanish America along with Castilian law, and to Brazil, with Portuguese law.
Its contents encompass almost all aspects of life, from political law to civil to criminal, continuing on to family law, succession, legal matters, and legal proceedings. All that is missing are matters considered in subsequent law, such as
post-tridentineThe Council of Trent was the 16th-century Ecumenical Council of the Roman Catholic Church. Considered to be one of the Church's most important councils, it convened in Trento between December 13, 1545, and December 4, 1563 in twenty-five sessions for three periods...
canon law, the Leyes de Toro
, dealing with hereditary debt, and matters specific to Spanish America, governed by indigenous law.
The Siete Partidas was in force in
Latin AmericaLatin America is a region of the Americas where Romance languages – particularly Spanish, Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,501 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
until the modern codification movement (1822-1916); until the beginning of the 19th century, they were even in effect in the parts of the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
, such as
LouisianaThe State of Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state divided into parishes, which are local governments equivalent to counties...
, that had previously belonged to the Spanish empire and used civil law. Furthermore, they served as the legal foundation for the formation of the governing
juntaA military junta is a government led by a committee of military leaders. The term derives from the Spanish junta meaning committee, specifically a board of directors...
s
that were established in both Spain and Spanish AmericaHispanic America or Spanish America is strictly the region comprising the American countries inhabited by Spanish–speaking populations....
after the imprisonment of King Fernando VII during the Peninsular WarThe Peninsular War was a contest between France and the allied powers of Spain, the United Kingdom, and Portugal for control of the Iberian Peninsula during the Napoleonic Wars...
.
Finally, although the codification movement put an end to the direct application of the Partidas
, the legal standards they contain have not disappeared. Most of the principles of the Partidas
can be found in the laws of Latin American countries, especially in their civil codeA civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
s.
Primary sources
Las Siete Partidas
.- BOEThe Boletín Oficial del Estado , Spanish for Official Bulletin of the State, is the official newspaper of the Government of Spain. It publishes the laws of the Cortes Generales and the dispositions of the Autonomous Communities...
, 1999 - ISBN 84-340-0223-X (edición facisimilar de la edición de 1555, con glosas de Gregorio López).
Secondary sources
- Arias Bonet, Juan Antonio: "
La primera Partida y el problema de sus diferentes versiones a la luz del manuscrito del British Museum
", en Alfonso X el Sabio: Primera Partida según el manuscrito Add. 20.787 del British Museum
.- Valladolid: Universidad de Valladolid.- 1975. p. XLVII-CIII. ISBN 84-600-6717-3
Arias Bonet, Juan Antonio: "Sobre presuntas fuentes de las Partidas
", en Revista de la Facultad de Derecho de la Universidad Complutense
.- Número extraordinario: julio de 1985.- p. 11-23.
Bravo Lira, Bernardino: "Vigencia de las Siete Partidas en Chile
", en Derecho común y derecho propio en el Nuevo Mundo
.- Santiago de Chile: Jurídica de Chile.- 1989. p. 89-142.
Craddock, Jerry: "La cronología de las obras legislativas de Alfonso X el Sabio
", en Anuario de Historia del Derecho español
, Nº 51: 1981.- p. 365-418.
Craddock, Jerry: "El Setenario: última e inconclusa refundición alfonsina de la primera Partida
", en Anuario de Historia del Derecho español
, Nº 56: 1986.- p. 441-466.
}}
El "Libro de las Leyes" de Alfonso el Sabio. Del espéculo a las Partidas
", en Anuario de Historia del Derecho español
, Nº 21-22: 1951-1952.- p. 345-528.
García-Gallo, Alfonso: "Los enigmas de las Partidas
", en VII Centenario de las Partidas del Rey Sabio
, Instituto de España.- 1963.
García-Gallo, Alfonso: "Nuevas observaciones sobre la obra legislativa de Alfonso X
", en Anuario de Historia del Derecho español
, Nº 46: 1976. p. 509-570.
García-Gallo, Alfonso: "La obra legislativa de Alfonso X. Hechos e hipótesis
", en Anuario de Historia del Derecho español
, Nº 54: 1984.
Iglesia Ferreiros, Aquilino: "Alfonso X el Sabio y su obra legislativa
", en Anuario de Historia del Derecho español
, Nº 50: 1980.- p. 531-561.
Iglesia Ferreiros, Aquilino: "Cuestiones Alfonsinas
", en Anuario de Historia del Derecho español
, Nº 55: 1985.- p. 95-150.
Solalinde, Antonio: "Intervención de Alfonso X en la redacción de sus obras"
, en Revista de Filología Española
, Nº 2: 1915.- p. 283-288.
External links
Las Siete Partidas del Rey Don Alfonso X El Sabio
, 1807 edition. Tomo I, II and III (PDF version).
Siete Partidas
of Alfonso X the Wise
Legislative works of Alfonso X, the Wise
De nuevo sobre la fecha del Setenario (PDF version)