Ordenamiento de Alcalá
Encyclopedia
The Ordenamiento de Alcalá is a collection of 58 laws enacted by the courts of Alfonso XI in Alcalá de Henares
in 1348. They are an important part of the principal legislative body of the Castilian Crown during the low Middle Ages
until the 1505 Leyes de Toro.
This work represented the success of the lawyers (who had training in Roman law
), who represented the interests of the king to increase the power of the monarchy (with the goal of creating an early absolute monarchy). The creation of a normative body that would straighten up the legal situation was needed due to the dispersion of laws and many undefined jurisdictional situations (local and estates
).
and the local fueros or estates were kept in place, and the Código de las Siete Partidas
. Finally in cases of doubt or silence from the king the nobles would give their interpretation.
However, the king had to yield to pressure from the nobles who wished to see recognized different land concessions and privileges during the continued revolutions and civil wars of the Middle Ages, especially in the turbulent years under the regency of his grandmother María de Molina
, during his years as a minor and those of his father Fernando IV.
The nobles argued precedents in an assembly in Nájera
with Alfonso VII in 1138, and finally obtained fiscal and judicial privileges, to conserve the lands under lordship determined conditions, and above all to become established as Ricoshomes, powerful nobles that already distinguished themselves clearly from the nobles caballeros, or knightly nobles and of course the rest of the free men.
As time passed they clearly distinguished themselves in the Crown of Castile the royal lands, under royal jurisdiction, and of the lords, under lordly jurisdiction (of a lay or ecclesiastic nobles).
The terms in the Ordenamiento de Alcalá were in force for a long time. It can be seen that orders fixed in this law were incorporated later in compilations of the Modern Age
; being faithfully maintained until the enactment of the Código Civil
at the end of the 19th century.
Alcalá de Henares
Alcalá de Henares , meaning Citadel on the river Henares, is a Spanish city, whose historical centre is one of UNESCO's World Heritage Sites, and one of the first bishoprics founded in Spain...
in 1348. They are an important part of the principal legislative body of the Castilian Crown during the low Middle Ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
until the 1505 Leyes de Toro.
This work represented the success of the lawyers (who had training in Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
), who represented the interests of the king to increase the power of the monarchy (with the goal of creating an early absolute monarchy). The creation of a normative body that would straighten up the legal situation was needed due to the dispersion of laws and many undefined jurisdictional situations (local and estates
Estates of the realm
The Estates of the realm were the broad social orders of the hierarchically conceived society, recognized in the Middle Ages and Early Modern period in Christian Europe; they are sometimes distinguished as the three estates: the clergy, the nobility, and commoners, and are often referred to by...
).
Contents
Besides new laws on fines (in the regulation of those laws was included many detailed questions, for example, regarding contracts and wills), it established a legal order of precedence for the application of different existing legislative bodies. In this manner it was established that they should apply disciplinary laws in Alcalá, that the Fuero JuzgoFuero Juzgo
The Fuero Juzgo was a codex of Spanish laws enacted in Castile in 1241 by Fernando III. It is essentially a translation of the Liber Iudiciorum that was formulated in 654 by the Visigoths....
and the local fueros or estates were kept in place, and the Código de las Siete Partidas
Siete Partidas
The Siete Partidas or simply Partidas was a Castilian statutory code first compiled during the reign of Alfonso X of Castile , with the intent of establishing a uniform body of normative rules for the kingdom. The codified and compiled text was originally called the Libro de las Leyes...
. Finally in cases of doubt or silence from the king the nobles would give their interpretation.
Application
The Ordenamiento de Alcalá was applied to areas with local fueros, like Sahagún, Cuenca, Castile and Leon, that gradually would adopt the Fuero Real that was given to them.However, the king had to yield to pressure from the nobles who wished to see recognized different land concessions and privileges during the continued revolutions and civil wars of the Middle Ages, especially in the turbulent years under the regency of his grandmother María de Molina
María de Molina
María de Molina was the wife of Sancho IV of Castile. She was queen consort of Castile and León from 1284 to 1295 and then regent until the coming of age of her son Ferdinand IV.- Biography :...
, during his years as a minor and those of his father Fernando IV.
The nobles argued precedents in an assembly in Nájera
Nájera
Nájera is a small town located in the "Rioja Alta" region of La Rioja, Spain on the river Najerilla. Nájera is a stopping point on the Way of St James.-History:...
with Alfonso VII in 1138, and finally obtained fiscal and judicial privileges, to conserve the lands under lordship determined conditions, and above all to become established as Ricoshomes, powerful nobles that already distinguished themselves clearly from the nobles caballeros, or knightly nobles and of course the rest of the free men.
As time passed they clearly distinguished themselves in the Crown of Castile the royal lands, under royal jurisdiction, and of the lords, under lordly jurisdiction (of a lay or ecclesiastic nobles).
The terms in the Ordenamiento de Alcalá were in force for a long time. It can be seen that orders fixed in this law were incorporated later in compilations of the Modern Age
Modern Age
Modern Age is an American conservative academic quarterly journal, founded in 1957 by Russell Kirk in close collaboration with Henry Regnery...
; being faithfully maintained until the enactment of the Código Civil
Código Civil
The current Portuguese Civil Code was approved in November, the 26th, 1966 and entered into force in June, the 1st, 1967.Its text was prepared by a Commission of Professors of Law which in its final phase was presided and substantially changed by Professor Antunes Varela reason why it is often...
at the end of the 19th century.