A History of Spain: founded on the Historia de España y de la civilización española of Rafael AltamiraChapman, Charles E. (Charles Edward)
History
A History of Spain: founded on the Historia de España y de la civilización española of Rafael Altamira
Chapman, Charles E. (Charles Edward)
Spain -- Civilization; Spain -- History
most extensively used of the typical charters, although by no means in a
majority of the municipalities. To bring about unification at one stroke
it is believed that Ferdinand III and Alfonso X projected a code to
apply in all the land. Ferdinand is said to have begun the drawing up of
the _Setenario_ (or Septenary, so-called because it was to be in seven
parts), which was completed by Alfonso after the former’s death. This
code, if such it may be called, was never promulgated, and may rather
have been intended as an encyclopedia of law. A similar compilation of
the reign of Alfonso X was the _Espéculo_ (or _Espejo_) _de todos los
derechos_ (mirror of all the laws), but it, too, never became law,
although used as a reference book by jurisconsults. Yet another such
compilation appeared in this reign, the famous _Leyes de las siete
partidas_ (laws of the seven parts), or simply the _Partidas_, and this
was to attain to a very different lot from the others just named.
[Sidenote: The code of the _Siete Partidas_ and the revival of Roman
principles.]
The _Partidas_ was the work of a number of jurisconsults under the
inspection, and with more or less intervention, of Alfonso himself;
these men began work in 1256 and finished it in 1265. Some of the laws
and customs of Castile,--for example, the _Fuero Juzgo_ and the _Fuero
Real_,--were used as sources, but the preponderant influences were those
of the canon law and the codes of the Roman emperor Justinian,--so much
so that the _Partidas_ amounted to an encyclopedia of these two sources
of law, both of which were Roman in origin and very different from the
customs, Visigothic and otherwise, at that time prevailing in Castile.
Whether Alfonso intended that the _Partidas_ should become the general
law, or merely that it should serve as an encyclopedia, it was not
promulgated in his day, and there were many later laws directly
contradicting it. Nevertheless, it constantly gained ground, favored
especially by lawyers and university men (both of which elements were
strong partisans of the Roman law), being used as a book of reference
and as a text-book. Finally the current in its favor became so strong
that so far as it was not inconsistent with certain specified
compilations it was declared to be law in the reign of Alfonso XI by the
important ordinance of the _Cortes_ of Alcalá (1348). This set forth
that the decisions of that _Cortes_ should be the principal fountain of
Castilian law, followed in order of precedence by the _Fuero Real_, the
other municipal charters, and finally by way of supplement by the
_Partidas_, which was not to be enforced in such parts as it
contradicted the privileges of the nobility, for these also were
confirmed. Despite this lowly position of the _Partidas_ and despite the
vast quantity of later laws which took precedence of the above-mentioned
hierarchy of sources, the ultimate victory of Alfonso’s code was assured
from the time of its official promulgation.
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