Old Castile Law: Origin, Evolution, and Decline
Old Castile Law
Origin and Development
Castile had a Common Law tradition different from the Liber, resulting in significant judicial creativity. While some mention “laws” of Castile (e.g., Count Sancho García’s “good outside”), Castile lived without formal, king-imposed laws until the 13th century, according to Galo Sanchez. This doesn’t mean there wasn’t a recognized Castilian law, distinct from Leon’s. Chapter VIII of the Council of Coyanza (1055) confirms Castilian law and orders its continued application since Count Sanchoía’s time (995-1017). This doesn’t imply he authored it, but it suggests a consistent and unique legal system existed. When Toledo was retaken, Alfonso VI and Alfonso VII confirmed its own legal system, further demonstrating the existence of Castilian Law.
This law wasn’t legal but customary, growing organically and manifesting as general law with local variations. By the 13th century, Castile had a substantial body of general rules. The codification of this unwritten law, likely in mid-13th century Burgos, was done by private lawyers. Historians like Bartolomé Clavero and Aquilino Iglesia highlight the isorial character of these texts. In this interpretation, Castile had local municipal rights and a general, stately law reflected in surviving texts.
Key Legal Texts
Several texts exist, with problematic relationships leading to scholarly debate. The most important are the Book of Privileges of Old Castile and the Jurisdiction of Castile. Others include Deuysas the sennora in their subjects (rights of Castilian nobles over Behetrías men), excerpts from Jurisdiction Viejo, and collections of fazanas attributed to Courts of Leon and Najera (Pseudo Rearrangements of Najera I and II, and Leon).
The Book of Privileges of Castile, drafted in the mid-13th century, contains provisions of general Castilian law under the heading “This is outside of Castile.” Other provisions relate to local customs (e.g., Sepúlveda, Cerezo, Belorado) with headings indicating their origin (“This is outside Sepúlveda” or Cherry…).
The Old Castile Jurisdiction‘s date and drafting process are more complex. A systematically collected version exists from 1356. How it reached this form is debated by scholars like Galo Sanchez, Sanchez Albornoz, Bartolomé Clavero, and Gonzalez Garcia. Much of its content concerns privileges of the Castilian nobility, particularly the fijosdalgo.
Decline of Old Castilian Law
Unlike the Catalan Usages, written Castilian law didn’t expand to other territories or survive beyond the 14th century. Castile’s legal individuality faded, and its laws were forgotten or replaced. This was due to royal policies creating new laws, the emergence of lawyer-driven civil law, the spread of new institutions (sometimes favoring nobility), and, as Galo Sanchez noted in 1929, the lack of royal support for these texts and their enshrined law.