History of Spanish Literature, vol. 1 (of 3)Ticknor, George
History
History of Spanish Literature, vol. 1 (of 3)
Ticknor, George
Spanish literature -- History and criticism
[65] For the Setenario, see Castro, Biblioteca, Tom. II. pp.
680-684; and Marina, Historia de la Legislacion, Madrid, 1808,
fol., §§ 290, 291. As far as it goes, which is not through the
first of the seven divisions proposed, it consists, 1. of an
introduction by Alfonso; and 2. of a series of discussions on the
Catholic religion, on Heathenism, etc., which were afterwards
substantially incorporated into the first of the Partidas of
Alfonso himself.
Still, though Alfonso had been employed in preparing this code, he did
not see fit to finish it. He, however, felt charged with the general
undertaking, and seemed determined that his kingdom should not continue
to suffer from the uncertainty or the conflict of its different systems
of legislation. But he proceeded with great caution. His first body
of laws, called the “Espejo,” or “Mirror of all Rights,” filling five
books, was prepared before 1255; but though it contains within itself
directions for its own distribution and enforcement, it does not seem
ever to have gone into practical use. His “Fuero Real,” a shorter
code, divided into four books, was completed in 1255 for Valladolid,
and perhaps was subsequently given to other cities of his kingdom.
Both were followed by different laws, as occasion called for them,
down nearly to the end of his reign. But all of them, taken together,
were far from constituting a code such as had been projected by Saint
Ferdinand.[66]
[66] Opúsculos Legales del Rey Alfonso el Sabio, publicados,
etc., por la Real Academia de la Historia, Madrid, 1836, 2 tom.
fol. Marina, Legislacion, § 301.
This last great work was undertaken by Alfonso in 1256, and finished
either in 1263 or 1265. It was originally called by Alfonso himself
“El Setenario,” from the title of the code undertaken by his father;
but it is now always called “Las Siete Partidas,” or The Seven Parts,
from the seven divisions of the work itself. That Alfonso was assisted
by others in the great task of compiling it out of the Decretals, and
the Digest and Code of Justinian, as well as out of the Fuero Juzgo
and other sources of legislation, both Spanish and foreign, is not to
be doubted; but the general air and finish of the whole, its style and
literary execution, must be more or less his own, so much are they in
harmony with whatever else we know of his works and character.[67]
[67] “El Setenario” was the name given to the work begun in the
reign of St. Ferdinand, “because,” says Alfonso, in the preface
to it, “all it contains is arranged by sevens.” In the same way
his own code is divided into seven parts; but it does not seem
to have been cited by the name of “The Seven Parts” till above a
century after it was composed. Marina, Legislacion, §§ 292-303.
Preface to the edition of the Partidas by the Academy, Madrid,
1807, 4to, Tom. I. pp. xv.-xviii.
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