Racism a Short History class A3 Note: Laws on Jews, edited excerpts [Marcus Introduction] Las siete partidas, the Seven-Part Code, is one of the most remarkable law codes of medieval times. The code, written in the Castilian vernacular, was compiled aboutunder the supervision of Alfonso X, the Wiseof Castile. Its laws, however, did not go into effect untiland then only with certain reservations.
Concerning the summons to court. When anyone summons another before the tribunal of a judge, the latter must, without hesitation, immediately appear.
If, after having been summoned, he does not appear, or refuses to come before the tribunal of the judge, let the party who summoned him call upon any citizens who are present to bear witness. When anyone who has been summoned to court is guilty of evasion, or attempts to flee, let him be arrested by the plaintiff.
If bodily infirmity or advanced age should prevent the party summoned to court from appearing, let him who summoned him furnish him with an animal, as a means of transport.
If he is unwilling to accept it, the plaintiff cannot legally be compelled to provide the defendant with a vehicle constructed of boards, or a covered litter. This was even sometimes done after the custom of regularly appointing court officials for that purpose had been established.
The sella, Las siete partidas laws on jews form of the litter, was almost identical with the sedan chair of the eighteenth century. The vehicle referred to in the text was probably a public one, like our cabs and carriages for hire. If he who is summoned has either a sponsor or a defender, let him be dismissed, and his representative can take his place in court.
The defender, or the surety of a wealthy man, must himself be rich; but anyone who desires to do so can come to the assistance of a person who is poor, and occupy his place.
If the plaintiff and defendant do not settle their dispute, as above mentioned, let them state their cases either in the Comitium or the Forum, by making a brief statement in the presence of the judge, between the rising of the sun and noon; and, both of them being present, let them speak so that each party may hear.
In the afternoon, let the judge grant the right to bring the action, and render his decision in the presence of the plaintiff and the defendant. The setting of the sun shall be the extreme limit of time within which a judge must render his decision.
Concerning judgments and thefts. When issue has been joined in the presence of the judge, sureties and their substitutes for appearance at the trial must be furnished on both sides.
The parties shall appear in person, unless prevented by disease of a serious character; or where vows which they have taken must be discharged to the Gods; or where the proceedings are interrupted through their absence on business for the State; or where a day has been appointed by them to meet an alien.
Its duties were often undertaken without solicitation, through motives of friendship or compassion, or the influence of family ties; and, as the defendant's representative, he occupied the legal position of the former, including the unqualified assumption of all his liabilities arising from, or dependent upon the matter in litigation.
If any of the above mentioned occurrences takes place, that is, if one of the parties is seriously ill, or a vow has to be performed, or one of them is absent on business for the State, or a day has been appointed for an interview with an alien, so that the judge, the arbiter, or the defendant is prevented from being present, and the furnishing of security is postponed on this account, the hearing of the case shall be deferred.
Where anyone is deprived of the evidence of a witness let him call him with a loud voice in front of his house, on three market-days. Where anyone commits a theft by night, and having been caught in the act is killed, he is legally killed.
Other lawgivers, generally speaking, did not recognize such nice distinctions. The rule, somewhat modified, has been adopted by the majority of subsequent judicial systems as being thoroughly consonant with the principles of justice.
As stated above, to render the modicide justifiable, the Visigoths required that the thief should be in possession of the stolen property; and the Castilian law provided that he should be armed and resist arrest while in the house of the owner. Under the law of Athens, a thief taken flagrante delicto, at night, could be killed with impunity.
Potter, Antiquities of Greece, I, 24, With the Jews, homicide was not punishable when the culprit was killed under circumstances essential to constitute the crime known to us as burglary.
With the Anglo-Saxons, a thief caught in the act, at any time, either by day or by night, could be slain with impunity. This principle does not appear to have been accepted in the earliest age of the Common Law.
Glanvil does not mention it.
Bracton, however, refers to it as being sound, and applicable by day or by night, without regard to place, if the homicide, at the time, could not avoid serious personal injury. This applied not only to a burglar, but to anyone found in the "curtilage," or enclosure containing the residence, at any hour between nine P.
The necessity for the homicide must be absolute in order to render it justifiable.
It is held by Coke that the act of killing must be in self-defence, and be preceded by violent aggression on the part of the thief. This doctrine is explicitly set forth in Stat. This was also the rule in Scotland, "It is lawful to kill a Thief, who in the night offers to break our Houses, or steal our Goods, even though he defend not himself, because we know not but he designs against our Life; and Murder may be easily committed upon us in the night, but it is not lawful to kill a Thief who steals in the day time, except he resist us when we offer to take him, and present him to Justice.titles of the Siete Partidas, the XXIV “De los judíos” () and XXV, “De los moros” ().
The title on the Jews has 11 laws and the one on Moors, 10, according to the edition by the Spanish Royal Academy of History (Real Academia de la Historia) used in this study. I.
THE LAWS OF THE TWELVE TABLES. TABLE I. Concerning the summons to court. Law I. When anyone summons another before the tribunal of a judge, . Las Siete Partidas: Laws on Jews, [Marcus Introduction] Las siete partidas, the Seven-Part Code, is one of the most remarkable law codes of medieval times.
Essay: Racism a Short History (class A3) DOCUMENT 1 of 2.
Note: editors' remarks in  Las Siete Partidas: Laws on Jews, (edited excerpts) [Marcus Introduction] Las siete partidas, the Seven-Part Code, is one of the most remarkable law codes of medieval times.
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