Partidas or Code of 1256-1563.

The Partidas of Alfonso is not so much a code after the style of Justinian or Napoleon, as a digest of the opinions and reading of the learned monarch on legislation, morals, and religion, divided into Parts, Titles, and Laws-imperative ordinances justified with arguments, and reflections on the manners and opinions of the age, and the relative duties of a king and his subjects, and the whole field of civil and ecclesiastical life in the thirteenth century.

As a specimen of the style of the Partidas, Mr. Ticknor cites the following passages from a law entitled

"What constitutes a Tyrant, and how he useth his power in a Kingdom when he hath obtained it.'

A tyrant doth signify a cruel lord, who by force, or by craft, or by treachery, hath obtained power over any realm or country; and such men be of such nature, that, when once they have grown strong in the land, they love rather to work their own profit, though it be in harm of the land, than the common profit of all, for they always live in an ill fear of losing it. And that they may be able to fulfill this their purpose unencumbered, the wise of old have said that they use their power against the people in three manners. The first is, that they strive that those under their mastery be ever ignorant and timorous, because, when they be such, they may not be bold to rise against them nor to resist their wills; and the second is, that they be not kindly and united among themselves, in such wise that they trust not one another, for, while they live in disagreement, they shall not dare to make any discourse against their lord, for fear faith and secrecy should not be kept among themselves; and the third way is, that they strive to make them poor, and to put them upon great undertakings, which they can never finish, whereby they may have so much harm, that it may never come into their hearts to devise any thing against their ruler. And above all this, have tyrants always striven to make spoil of the strong and to destroy the wise; and have forbidden fellowship and assemblies of men in their land, and striven always to know what men said or did; and do trust their counsel and the guard of their person rather to foreigners, who will serve at their will, than to them of the land, who serve from oppression. And, moreover, we say, that, though any man may have gained mastery of a kingdom by any of the lawful means whereof we have spoken in the laws going before this, yet, if he use his power ill, in the ways whereof we speak in this law, him may the people still call tyrant; for he turneth his mastery which was rightful into wrongful, as Aristotle hath said in the book which treateth of the rule and government of kingdoms.

PART II., TITLE V., § 16.-How the King should be most zealous in learning to Read, and concerning the Knowledge he ought to possess.

Most diligent should the king be in gaining knowledge, for by it he shall understand the affairs of State, and know better how to conduct them. Moreover, by knowing how to read, he shall know better how to guard his secrets, and be master of them; which he can not otherwise so well do. Since for lack of knowing these things, he would have, perforce, to associate another with himself who would know them, and thus it would happen to him, as King Solomon said: 'Whoso putteth his secret into the power of another makes himself his servant; and he who knows how to keep it, is master of his own heart,' (Prov. xxv. 9), which is most fit for a king. And besides all this, from reading the Scripture he shall better understand the faith, and know more perfectly how to pray to God. Also by reading can he himself learn the illustrious deeds which have passed, whence he may gain many good habits and examples. And not only did the wise ancients consider it good that kings should know

how to read, but also that they should acquire all knowledge, in order to make use of it. And in this connection King David said, counseling kings to be learned and wise, since they have to judge the earth (Psalm ii. 10). And King Solomon, his son, said: "That kings should learn wisdom, and not forget it, for by it they would have to judge and maintain the nations.' And Boethius, who was a very wise knight, said: 'It was not so fitting to any man as to a king to possess sound knowledge, since thus his wisdom is most useful to his people, as by it they have to be governed with justice.' For without doubt no such weighty affairs as this [the government or State] could any man accomplish without good understanding and great wisdom. Hence the king who would despise learning, would also despise God, from whom cometh all things, according to the saying of King Solomon; All wisdom comes from the Lord, and is with him forever.' And he would even hold himself in low esteem, inasmuch as by wisdom God seeks to distinguish the understanding of men from that of the brutes, for the less knowledge a man may possess, so much the less difference will there be between him and mere animals. And to the king who should do this, there will happen what King David said: 'Man who does not comprehend his high position, is but a beast.'

TITLE VII., X.-What things ought to be taught to the sons of kings when they approach manhood.

As it is right to increase the clothing of children while they are growing, so ought they also to be made to learn the things suiting the time of life, which they are entering. And to this end we say, that besides those things, which it is said in previous laws (that the king and queen ought to teach their sons, while they are young), that there are other things which they ought to learn. And that is, to read, and to write, which brings great profits to him who understands it, in order to acquire more easily things they may desire to know, and in order to be better able to keep their own counsel. And besides, they ought to show them how to control their desires of things beyond their reach, because when they fall into a habit of covetousness, and do not have, they put all their thought and care upon that which they covet, and they fail, in the end, in their good sense, and in the other things which they have to do. They should teach them rather how to desire those things which are good and useful in themselves; and which give joy in moderation, and at suitable times. And they ought to accustom them to be moderately joyful, and keep them from sadness as much as possible, which is a thing which ought not to increase in young men, if they wish them to be well; and when they have entered the age of young men, they ought to give them some one who may accustom and teach them how to recognize men as they are, from what places, and how they have to accost, and speak with them, each according to his rank. Besides, they ought to be taught to ride, to hunt, to play all manner of games, and to use all manner of weapons, as befitting the sons of kings. And besides, we say that they ought not to be led into those things to which nature may incline them, such as immoderate eating and drinking, and licentiousness. And when the sons of kings are thus kept and habituated, they will be good and noble in themselves, and will not do against others, things which are hurtful. And the teachers will have accomplished the things which they were set to accomplish in educating them. And if in this manner they be not kept from the evil which may come to them from their parents and from themselves, there will come to them evil from others, who might be urged by jealousy to corrupt them through bad habits which they might contract from their servants.

TITLE VII., § 11.-Governesses of Kings' Daughters.

They are to endeavor, as much as may be, that the King's daughters be moderate and seemly in eating and in drinking, and also in their carriage and dress, and of good manners in all things, and especially that they be not given to anger; for, besides the wickedness that lieth in it, it is the thing in the world that most easily leadeth women to do ill. And they ought to teach them to be handy in performing those works that belong to noble ladies; for this is a matter that becometh them much, since they obtain it by cheerfulness and a quiet spirit; and, besides, it taketh away bad thoughts, which it is not convenient they should have.

Mr. Ticknor, in his History of Spanish Literature, characterizes the Partidas as greatly in advance of their age, not only as to style and language, but in the opinions expressed of the relative duties of ruler and subjects, and the entire legislation and police, ecclesiastical, civil, and moral, to which Spain should be subjected. The laws about the Estudios Generales,-the name then given to what we now call Universities,-filling the thirty-first Titulo of the second Partida, are remarkable for their wisdom,-except in Ley 11, which relates to the sale of books, and recognize some of the arrangements that still obtain in many of the Universities of the Continent. There was, however, at that period, no such establishment in Spain, except one which had existed, in a very rude state, at Salamanca, for some time, and to which Alfonso X. gave the first proper endowment in 1254. (Historia del Colegio viejo de S. Bartolomé, mayor de la celebre Universidad de Salamanca por Fr. Ruiz de Vergara y Alava, corregida ec. por el Marques de Alventos, Madrid, 1766, folio, tom. i. p. 17.)

We give below the sections of the Title relating to Universities in the Partidas, from a copy in the Boston Public Library, which belonged to Mr. Ticknor, and bequeathed by him with his other Spanish books to the Library.

PART II., TITLE XXXI.-Concerning Universities and City Schools in which wisdom is acquired—their masters and scholars.

We have already shown at length in previous laws how the king and the people should cherish and guard the land in which they live, peopling it and protecting it from enemies. And because men, nations, and kingdoms, make use of wise men to protect and govern themselves by their counsel, we seek, at the end of this Partida, to speak of schools, and of the masters and scholars who may labor to impart and to acquire knowledge. And we will first define what schools are, their kinds, and by whom established; then the masters who give instruction; and the places where they should be established; and the privileges and honors which should be accorded to the masters who lecture, and the scholars who learn. And finally we will speak of stationers, who keep books, and all other men and things relating to the Studium generale.

LAW I.-What schools are, how many kinds there are, and by whose authority they ought to be established.

Schools are the corporation or society of teachers and students, made in any place, with the desire and intention of acquiring knowledge. There are two kinds; 1st, what is called a studium generale, or university, in which there are Masters of Arts, [Grammar, Logic, Rhetoric, Arithmetic, Geometry, and Astrology], and also Masters of Decrees and Laws. This kind of school should be established by the order of the Pope, Emperor, or King. The second kind, or what is called a special schools (which I desire much to speak about), is where any master teaches in any city a few pupils privately. And such as this can be established by the council of any town.

LAW II.-Concerning the location of a University, and the protection of masters and scholars.

The seat of a University should possess good air and healthy and pleasant surroundings generally, to the end that masters and students may attend to

their duties without interruption or sickness, and easily get recreation when they rise wearied from study. There should be abundance of bread and wine and good lodgings at moderate expense. Moreover, the inhabitants of a University town ought strenuously to protect and to honor both masters and students and their affairs. Let no man seize or hinder the messengers who come to them from their homes, on account of any debt, which their fathers, or others from their native places, may have contracted. And we also enjoin that no man do any student dishonor, wrong, or violence, on account of any enmity or ill-will which he may have against them or their fathers. Hence we decree that masters and students, their messengers and all their affairs, shall be safe and sacred in coming to the school, remaining therein, and returning thence to their homes. And we extend this, our protection, to them throughout all places in our dominion. And whoever shall act contrary to this decree, either seizing them by force, robbing them of their possessions, shall pay a fine of eight [pieces], and if he should cause them either dishonor or injury, he shall be severely punished, as a man who transgressed our peace and safe conduct. But if by chance the judge before whom such case may be brought, should be negligent in doing justice, as is above enjoined, said judge shall be fined to the tenth of his possessions, and be dismissed from office. And if he should act with malice against the students, not seeking to do justice against those who dishonor, and injure or harm them, then such officer shall be punished according to the pleasure of the king.

LAW III.-Masters and their salaries.

That the University may be complete, there should be as many masters as there are studies, so that each study may have at least one master. But if every science can not have a master, there must be at least one each for Grammar, Logic, Rhetoric, Laws, and Decrees. The amount to be paid to the several masters should be established, and the law should define precisely how much each is to receive according to the dignity of the science he teaches, and his proficiency therein. And the salary which each is to receive should be paid in three installments. The first should be given them as soon as the term begins; the second at Easter; and the third at the festival of St. John, the Baptist.

LAW IV.-Concerning the manner in which masters should instruct students and be paid.

The masters should explain their subjects faithfully, reading the books and making their students comprehend to the best of their ability. And they should continue the subject begun, until they have finished the books which they have commenced. And if they should be sick, they must not allow others to read in their stead, unless in case of either master, who volunteer to do this service out of compliment to an associate. But if a master should become sick, after the school has commenced, and the sickness should be so severe and so long that he can not lecture in any way, then we command that he be paid his salary the same as if he taught to the end of the year.

LAW V.-In what places the schools either of masters or scholars should be arranged.

The schools of the University ought to be in places separate from the city, near each other, in order that scholars who have a desire for learning may attend two lectures or more, if they desire; and that in things which they need explanation, they may easily question one another. But the schools should be so far separated from each other that no master may be incommoded by hearing what another is reading. Precaution should be taken that no one hires a lodging or house while another is in possession and desirous of remaining therein. But should a scholar learn that a lodger does not wish to retain his room until the day of payment, then if he ascertain the fact of his wish to give it up, then he may locate and possess it, but not otherwise.

LAW VI.-How masters and scholars may associate and coöperate to choose one to preside over them and administer discipline.

The conjunction and association of many individuals was allowed by the ancients, if they were not made in cities nor in kingdoms, because there they

might do more harm than good. But we hold it just that masters and scholars may unite in a Studium Generale (University) since they unite in a common purpose for good, and are strangers and are from different places. On this account it is fitting that they should all act together, to obtain justice, and to secure those things which may be for the profit of their schools, and for the protection of themselves and their property. Moreover, they can place over themselves a master, who is called in Latin, the Rector of the University, whom they obey in all things suitable, useful, and just. And the Rector should administer discipline and urge the students not to raise factions and quarrels with the men of the place where they may be, nor among themselves; and that they keep themselves in all respects from doing dishonor and wrong to any one; and he is to forbid their going out by night, [and to instruct them] rather that they remain quietly in their lodgings, and that they apply [themselves] to their books and to their lectures, and live an honest and good life. For Universities were established for this end, and not for walking by night and arming by day, and seeking quarrels, and doing other folly or evil to their own hurt and to the detriment of the places in which they live. And if they should do contrary to this, then must our Rector maintain discipline, and address them in such a manner that they eschew evil and do right.

LAW VII-Concerning University jurisdiction.

The masters who teach in the schools can judge their pupils in all complaints which arise among themselves, and in those which citizens may make against them, provided it be not upon the complaint of blood[shed; and they shall not be summoned or brought to justice before [any] other judge without the consent of the masters. But if they are summoned before their masters, it is in their choice to reply to it, either before the Bishop of the place, or before the judge of the court, which ever they most prefer. But if the pupil should have a claim against another who is not a pupil, then he ought to demand justice before that [one] who can plead for the defendant. Moreover, we say that if the student be summoned before the judge of the court, and does not maintain his privilege by saying that he ought not to respond unless before his master or the Bishop, as aforesaid, if he responds fully to the complaint then he forfeits the privilege which he had, in so far as those things upon which he responds; and he must go through the complaint, until it is finished, by that judge before whom it commenced. But if by chance the student should seek to avail himself of his privileges before he replied to the summons, saying that he did not wish and ought not to reply, unless before his master or the bishop, and [his opponent] should compel and make him reply to the demand, then the complainant ought to lose all the right which he may have had in the affair which he claimed. And the judge who may have urged this ought, on this account, to be punished at the pleasure of the King; unless the complaint be of justice or blood[shed] which ought to be decided against the lay student.

LAW VIII.- What especial honors should be bestowed upon Masters [teachers] of laws.

The science of law is like a fountain of justice, and all the world makes use of it more than of any other science. And on this account the Emperors who make laws grant privileges to the teachers of the schools in four ways. (1.) That as soon as they are teachers they are to have the name of masters and regents, and they call them Lords [Señores] of laws. (2.) That each time that the Master of Laws comes before any judge in court, the judge must rise before him, and salute him, and invite him to [sit] with himself; and if the judge do contrary to this, the law affixes as penalty that he must pay three pounds of gold. (3.) That the ushers of Emperors, Kings, and Princes, are not to keep them at the door, nor hinder them from entering their presence when there is need. Except at times when they are occupied with great secrets, and even then the ushers ought to announce that such and such Masters are at the door, and inquire whether they are to enter or not. (4.) In order that they may be subtle, well instructed, and that they may know how to explain this science, and be good logicians, and of good manners, after they have given instruction in law for twenty years, they are to have the honor of Counts. And since the