Las Siete Partidas is a landmark legal code compiled in 13th-century Castile during the reign of King Alfonso X, known as Alfonso the Wise (r. 1252–1284). Written between 1256 and 1265, this extensive legal text sought to unify and standardize the kingdom’s laws by drawing upon Roman, Visigothic, and canon law traditions. Comprising seven distinct sections, the code addresses a wide range of legal matters, including governance, civil and criminal law, family relations, commerce, and religious affairs. Although Las Siete Partidas was not immediately enforced upon completion, it went on to become one of the most influential legal texts in Spain and its territories, particularly in colonial Latin America. It shaped Spanish legal traditions for centuries and remained a key reference in the Spanish-speaking world well into the modern era. The code reflects Alfonso X’s vision of a centralized monarchy and underscores the role of law in maintaining order and justice. Today, Las Siete Partidas stands as a crucial resource for understanding medieval Iberian law, governance, and culture. Consider the following questions as you read the selections below:
- According to the passage, what are the three justifications for war?
- How does the passage reflect the concept of the divine right of kings or the idea that rulers have a moral obligation to wage just wars?
- The passage distinguishes between two types of war—one against internal enemies and one against external enemies. How does the reasoning behind each differ, and what does this suggest about medieval perspectives on governance and security?
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Title XXIII – Concerning the War which all Persons on Earth should engage in
War is of two kinds one bad, the other good. And although each of these can be divided with relation to the deeds to which it gives rise, nevertheless, so far as the name and the manner of making it are concerned, both are one and the same thing; for engaging in hostilities, although it involves destruction and the inciting of dissensions and enmity among men, yet, when, it is carried on as it should be, it afterwards brings peace, from which result quiet, rest and friendship. For this reason the ancient sages declared that it was well for men to endure the hardships and dangers of war, because, by this means they eventually obtain beneficial peace and rest; and since the evil inherent in it is productive of good results, and on account of the mistrust which compels men to engage in war, those who desire to inaugurate it should be well informed before they begin.
Wherefore, since in the preceding Title we have spoken separately of knights and commanders, and of the things which they are required to observe and do, we intend to show here in the laws of this Title what wars it is proper both should engage in with consideration of the two different advantages which may be obtained by their country through war; first, by learning how to protect and defend it from its enemies; second, how to aggrandize, it by obtaining their property. In the first place, we shall show what war is; how many kinds there are; for what reasons it should be made; with what things those who desire to make it should be provided and equipped; what kind of men those who are selected to act as commanders in the war should be; what they should do and observe; how all the rest of the people should be governed by them; and what benefit arises from this control. We shall also show how many kind of bodies of troops there are; and how they should be divided when they have to invade a country or go into battle; and also how the officers should be vigilant while in command of an army when it marches from one place to another, or when they select a camp for the night, or desire to lay siege to a town or castle; and, above all, we shall speak of foraging parties, ambuscades, forays, and all the other kinds of hostilities which men engage in.
Law I – What War Is, and How Many Kinds There Are
The ancient sages who treated of the subject of war stated that it is hostility to peace, the motion of things that are quiet, and the destruction of things that are complex. They also described war as something from which proceeds the death and captivity of men, and the injury, loss, and ruin of property. There are four kinds of war. The first is called justa, in Latin, which means, in Castilian, founded upon right. This happens where a man engages in it to recover his own property from the enemy, or to protect himself and it from them; the second is called, in Latin, injusta, which means a war instituted through pride, and contrary to what is right. The third is called civilis, which means one which arises among the inhabitants of a certain locality, as among factions, or in a kingdom on account of some disagreement which the people have among themselves. The fourth is called plusquam civilis, which means a war in which not only the citizens of some locality contend with one another, but also where relative is arrayed against relative, by reason of faction; as was the case with Caesar and Pompey, who were respectively father-in-law and son-in-law, And in which war Romans fought, fathers against their sons, and brothers against their brothers, some of them supporting Caesar and others Pompey.
Law II – For What Reasons Men Are Impelled to Make War
The inauguration of war, is something which those who wish to, make it should carefully consider before they begin, in order that it may be carried on with reason and justice, for, by doing this, three great advantages are obtained; first, God will afford greater assistance to those who institute it in this manner; second, they will exert themselves more strongly on account of their being in the right; third, those who hear of it, if they are friendly, will assist them with greater good will, and if they are hostile, will withdraw themselves more from them. The right to maintain a just war, is as the ancient sages explained, based upon three considerations; first, to expand the religion of the People, and to destroy those who wish to oppose it; second, for the sake of their lord, by desiring loyally to serve, honor, and defend him; third, in order to protect themselves and aggrandize and honor the country in which they dwell.
A war of this kind should be made in two ways, namely; one on enemies who are within the kingdom, who are doing harm to the country by robbing and unjustly depriving men of their property – for kings and those who have the right to sit in judgment should oppose such as these, and see that justice is executed upon them and the whole body of the people should fight them, in order to eradicate and expel them. For, as wise men stated, persons of this kind are malefactors in the kingdom, and resemble poison in the body of a man, who cannot be well as long as it is there. Wherefore, it is proper that war should be carried on with men of this kind, by pursuing them and inflicting upon them as much injury as possible until they are driven from the kingdom or killed, (as we stated above in the laws of the Title treating of this subject,) in order that the people who inhabit the land may be able to live in peace. The second kind of war of which we intend to speak here, is that which is carried on with enemies outside the kingdom, who desire to deprive the people of their country by force, and for the purpose of protecting them in what they should justly possess. We desire to show how this kind of war should be made, as established by the ancient sages, who, as well as other knights, thoroughly understood it, because they were well informed on the subject through their own operations and practice during a long period of time.
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