Siete Partidas

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 and Judeo-Christian views of warfare.

Other texts of the 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[citation needed].

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.

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.

However, an edition printed in Madrid in 1843, and available in facsimile from Google Books, appears to show that the Spanish is a translation of a Latin original[citation needed].

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[citation needed].

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 III (that is, by granting the same fuero to various regions), but rather through a general code that applied to the entire country[citation needed].

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).

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 third is, that they endeavor to make them poor, and employ them in such great labors that they can never finish them; for the reason that they may always have so much to consider in their own misfortunes, that they will never have the heart to think of committing any act against the government of the tyrant.

In addition to all this, tyrants always endeavor to despoil the powerful, and put the wise to death; always forbid brotherhoods and associations in their dominions; and constantly manage to be informed of what is said or done in the country, trusting more for counsel and protection to strangers, because they serve them voluntarily, than to natives who have to perform service through compulsion.

There the union of all men together, those of superior, middle, and inferior rank, was called the people; for all are necessary, and none can be excepted, for the reason that they are obliged to assist one another in order to live properly and be protected and supported.

For this reason the ancients, by way of commemoration, caused arms of four kinds to be made for the knights; first, such as they clothe themselves with, and wear; second, those with which they gird themselves; third, those which they bear in front of them; fourth, those with which they strike; And although these are of many forms, nevertheless they are designed for two purposes; blows, which are called weapons.

For, as the arms which men put on for the purpose of defense indicate prudence, which is a virtue that protects them from all evils which can come upon them through their own fault; so the hilt of a sword which a man holds in his grasp, is also suggestive of this, for as long as he holds it, he has the power to raise or lower it, or strike with it, or abandon it; and as the arms which a man carries before him to defend himself, denote fortitude, which is a virtue that renders him steadfast in the midst of dangers which may come upon him, so all the fortitude of the sword lies in its pommel, for to it is attached the hilt, the guard, and the blade.

And, as the armor which a man girds on is intermediate between that with which he is clothed and the weapons with which he strikes, and thus resembles the virtue of moderation between things which are excessive and those which are less than they should be; with great similarity to this, the guard is placed between the handle and the blade of the sword.

Moreover, as the arms which a man holds ready to strike with, whenever it is advisable, symbolize justice, which includes right and equality; so the blade of the sword which is straight and sharp, and cuts the same with both edges, represents the same thing.

On account of all this the ancients ordained that noble defenders should always wear the sword, and that by means of it and with no other weapon they should receive the honor of knighthood, in order that they might always be reminded of these four virtues which they should possess: for, without them, they could not perfectly maintain the condition of defense for which they were appointed.

When he has made this prayer, he must remain upon his knees as long as he can endure it, while all the others stand; for the vigils of knights were not instituted as games, or for any other purpose but that they and the others present may ask God to preserve, direct, and assist them, as men who are entering upon a career of death.

We declare that the citizens of the town where a school is situated, should carefully protect its masters and pupils and everything belonging to them, and that no one should arrest or hinder the messengers who come to them from their homes, on account of any debt that their parents, or any others of the countries where they are natives, may owe.

And if the judges before whom a complaint of this kind is made are negligent in rendering the parties justice, as above stated, they shall pay the amount aforesaid out of their own property, and be dismissed from office as infamous persons.

Still, the husband has no right to sell, dispose of, or waste the donation which he gave his wife, or the dowry which he receives from her, as long as the marriage lasts, except where such a gift has been appraised.

This should be observed for the following reason, namely: in order that if a separation takes place, the property of each of the parties may be returned to them, free and without encumbrance, to dispose of at their pleasure, or, where the marriage is dissolved by death, that it may descend intact to their heirs.

It happens frequently that knights, merchants, or other men who travel, are compelled to lodge in the houses of inn-keepers and in taverns, and have to entrust their property to the charge of those whom they find there, confiding in them without any witnesses, and without any other security; and also those who are forced to travel by sea place their property in ships in the same way, by trusting the sailors; and for the reason that it frequently happens that among these two kinds of men, some are found who are very dishonest, and are guilty of great injury and wickedness towards those who confide in them; hence it is but proper that their criminality should be restrained by punishment.

What we mention in this law is understood to apply to inn-keepers and tavern-keepers, and the owners of ships, who are accustomed to entertain men publicly, receiving from them pay or hire for their service.

The Siete Partidas was in force in Latin America 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 States, such as Louisiana, 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 juntas that were established in both Spain and Spanish America after the imprisonment of King Fernando VII during the Peninsular War.