Siete Partidas: A Comprehensive Overview of Medieval Spanish Law
Siete Partidas: Code of the Seven Items
Las Siete Partidas (The Seven-Part Code) began drafting in 1256 and finished in 1263. The commission consisted of leading Spanish jurists (Jacome Ruiz, Martinez Signed, Master Roland…).
Sources
- Medieval Common Law: Corpus Iuris Civilis, works of Azo and Accursius, Decretals of Gregory IX, canonical works.
- Non-Legal Sources: Philosophical works (Aristotle, Plato, Seneca), the Bible, theological works (Saint Isidore, Saint Augustine, Saint Thomas Aquinas), Oriental works (Flowers of Law, Doctrine of Law, Josaphat).
- Traditional Legal Sources: Libri Feudorum, trials and real jurisdiction, Roles of Oléron (commercial law behavior).
Prologue
Notes objectives: To illustrate and educate the king to govern with justice and peace, and to show the subjects religious truth and legal principles.
Item 1
Concept of Law (founded especially on morals) and Public Ecclesiastical Law (dogma, sacraments, and church organization).
Item 2
Public Law: Divine origin of sovereignty – the doctrine reflects Isidore – kings are vicars of God – legal acquisition (inheritance, choice, marriage to inherit…) – prohibits tyranny, alienation, and division of the kingdom – the people must keep the person and property of the king. Teaching, education, and universities.
Item 3
Civil Procedure: Praising the virtue of justice and requirements for judges. Property: Recognizes the proposed communal village and cities.
Item 4
Family and Marriage Law: Sacramental character and subject to canon law – establishes and regulates the custody of the child – illegitimate children are deprived of inheritance rights – the dowry given by the women. Interdependency between men: Servitude and slavery (recognized but seen as unjust).
Item 5
Contracts, Loans, deposits, purchase-sale, donation… (mutual consent is enough to buy-sell). Commercial law rules.
Item 6
Succession, guardianship, and protection: The ability to test: 14 for men and 12 for women – linear system (intestate property passes to the closest family) contrary to PPO. Trunk (The property of the deceased received from a relative of the family returns to where it came from).
Item 7
Criminal Procedure: Cannot charge those under 10 ½ years and the insane – if the innocence of the accused is proven, the accuser will be penalized with the same penalty that would have been for the culprit. Carefully regulating the judicial duel, it is reserved for the nobility (crimes of treachery or perfidy). Criminal Law: Judge must comply with the intent of the offender (knowingly, with guilt, casualty). There is inequality before the law (e.g., penalties for a servant are higher than for a free man, and the fines are lower for the poor than for the rich) – judges are more inclined to forgiveness rather than punishment.
Adoption and Entry into Force
Thesis 1
Alfonso X would have promulgated and published it, but Sancho IV (his son) would have obscured the text because, according to the heir, it was heading Signed, grandson of Alfonso. Sancho hid the document and ruled until his death; just then, Fernando assumes.
Thesis 2
Alfonso X never promulgated it because he was running for the German crown. Yet it took 13 years, and the Pope never chose the English because they intervened. Alfonso finally gave up and assumed the English candidate.
1348: The items are enacted by Alfonso XI in Ord. de Alcala.