Leis e Ordenações
Item
Country
PT
Name of institution (English)
The National Archive of Torre do Tombo
Name of institution (official language of the state)
Language of name of institution
por
Contact information: postal address
Alameda da Universidade, 1649-010 Lisbon
Contact information: phone number
00351 210037100
Contact information: web address
Contact information: email
mail@dglab.gov.pt
Reference number
PT/TT/LO
Type of reference number
Archival reference number
Title (English)
Laws and Ordinations
Title (official language of the state)
Leis e Ordenações
Language of title
por
Creator / accumulator
Arquivo da Casa da Coroa / Arquivo Nacional Torre do Tombo
Date(s)
1222/1926
Language(s)
por
Extent
29 books and 61 bundles
Type of material
Textual Material
Physical condition
Good
Scope and content
The Leis e Ordenações collection comprises legislative documents produced by the Portuguese Crown since the 13th century, including the "Ordenações Afonsinas" (Afonsine Ordinances) and the "Ordenações Manuelinas" (Manueline Ordinances). The “Ordenações” were compilations of the kingdom's laws. The first one was arranged under the orders of King Afonso V, hence the name "Ordenações Afonsinas". King Manuel I was responsible for a later compilation of laws, issued in 1512 under the name of "Ordenações Manuelinas". Both "Ordenações" were published: Costa & Nunes (1984) and Dias (2002).
Some laws comprised in the "Ordenações Afonsinas" pertain to the Jewish population in Portugal. The second volume contains 32 "títulos" (entries) dedicated to the Jewish minority, their daily life and economic activities and their relation with the Christian majority (LXVI to LXXXXVIII), for instance:
- laws from King Afonso II clarifying the repartition of goods and assets in the case of a member of a Jewish couple converts to Christianity (tit. LXXVIII); or convicting anyone who had converted to Christianity and returned to Judaism to a death sentence (tit. LXXXXV);
- a law from King Afonso III convicting any Jew who attacked a Christian church to be burnt to death in front of that same church (tit. LXXXVII);
- a law from King Afonso IV forbidding certain types of contracts with interest ("onzena") between Jews and Christians (tit. LXXXXVI);
- a law from King Pedro I establishing how the contracts between Jews and Christians should be carried out (tit. LXXIII);
- a law from King Fernando establishing who should have jurisdiction over feuds between Jews and Christians (tit. LXXXXII);
- laws by King João I defining the jurisdiction of Rabbis and his officials (tit. LXXXI), and establishing how Jewish notaries should work (tit. LXXXXIII).
Other volumes of the "Ordenações Afonsinas" also include laws concerning the Jewish population. For instance, entry LI of book IV forbids Muslims converted to Christianity to work for Jews; and entry XXV of book V refers to sexual relationships between Christians and Jews or Muslims.
All these laws concerning the Jewish minority were not included in the "Ordenações Manuelinas", since they were published after the expulsion and forced conversion of the Jews and Muslims living in the kingdom. The only exception is the law regarding sexual relationships between Christians and Jews or Muslims, which remained in this new compilation of laws (book 5, tit. XXI). The edict of expulsion in 1496 was also published in this "Ordenações" (book 2, tit. XLI), followed by a resolution on how New Christians should inherit the goods from their parents and relatives (tit. XLII).
Some laws comprised in the "Ordenações Afonsinas" pertain to the Jewish population in Portugal. The second volume contains 32 "títulos" (entries) dedicated to the Jewish minority, their daily life and economic activities and their relation with the Christian majority (LXVI to LXXXXVIII), for instance:
- laws from King Afonso II clarifying the repartition of goods and assets in the case of a member of a Jewish couple converts to Christianity (tit. LXXVIII); or convicting anyone who had converted to Christianity and returned to Judaism to a death sentence (tit. LXXXXV);
- a law from King Afonso III convicting any Jew who attacked a Christian church to be burnt to death in front of that same church (tit. LXXXVII);
- a law from King Afonso IV forbidding certain types of contracts with interest ("onzena") between Jews and Christians (tit. LXXXXVI);
- a law from King Pedro I establishing how the contracts between Jews and Christians should be carried out (tit. LXXIII);
- a law from King Fernando establishing who should have jurisdiction over feuds between Jews and Christians (tit. LXXXXII);
- laws by King João I defining the jurisdiction of Rabbis and his officials (tit. LXXXI), and establishing how Jewish notaries should work (tit. LXXXXIII).
Other volumes of the "Ordenações Afonsinas" also include laws concerning the Jewish population. For instance, entry LI of book IV forbids Muslims converted to Christianity to work for Jews; and entry XXV of book V refers to sexual relationships between Christians and Jews or Muslims.
All these laws concerning the Jewish minority were not included in the "Ordenações Manuelinas", since they were published after the expulsion and forced conversion of the Jews and Muslims living in the kingdom. The only exception is the law regarding sexual relationships between Christians and Jews or Muslims, which remained in this new compilation of laws (book 5, tit. XXI). The edict of expulsion in 1496 was also published in this "Ordenações" (book 2, tit. XLI), followed by a resolution on how New Christians should inherit the goods from their parents and relatives (tit. XLII).
Archival history
The origins of this collection date back to the early times of the Royal Archive of Torre do Tombo. The oldest document is from 1222, a regiment from the kingdom of D. Afonso II. In the 16th century, the most important royal laws began to be sent to the Torre do Tombo, as a way to conserve its authenticity and make its access easier. However, these records only gained real archival autonomy in the mid-18th century, when a collection was created exclusively for the Laws held in the Royal Archive.
During the second half of the 18th century, efforts were made in order to systematise the laws' collection, trying to gather the ones of the same nature in the same books. However, this effort was not completely successful. Several laws had not yet been sent to the Torre do Tombo and remained in courts and even in private notary offices. The last law was sent to the Torre do Tombo in 1926 when this practice was already sporadic.
In the 1950s, this collection of laws was incorporated in the Núcleo Antigo fonds, separated into two collections: Ordenações and Leis e Regimentos (Laws and Regiments). The isolated laws formed an autonomous collection. After the dismantling of the Núcleo Antigo at the beginning of the 21st century, the laws and ordinances were gathered in one single collection, the Leis e Ordenações.
During the second half of the 18th century, efforts were made in order to systematise the laws' collection, trying to gather the ones of the same nature in the same books. However, this effort was not completely successful. Several laws had not yet been sent to the Torre do Tombo and remained in courts and even in private notary offices. The last law was sent to the Torre do Tombo in 1926 when this practice was already sporadic.
In the 1950s, this collection of laws was incorporated in the Núcleo Antigo fonds, separated into two collections: Ordenações and Leis e Regimentos (Laws and Regiments). The isolated laws formed an autonomous collection. After the dismantling of the Núcleo Antigo at the beginning of the 21st century, the laws and ordinances were gathered in one single collection, the Leis e Ordenações.
Administrative / Biographical history
The Arquivo Nacional da Torre do Tombo is one of Portugal's oldest institutions. Its origins go back at least to the 14th century. The royal documents used to follow the itinerant medieval court, with only the most important documents being held at different monasteries. Once the court established itself in Lisbon, so did the royal archives. The first documental reference to a set location is from 1378. The archive was kept in one of the towers of São Jorge Castle, hence its name Torre do Tombo (Tower of the Archive). The "guarda-mor" (high-guardian) was responsible for its safekeeping.
Until 1755, the Torre do Tombo functioned as the Crown's archive, serving the king's administration and granting certificates to institutions and individuals. The oldest record reporting its organisation and content is from 1526: a letter from Tomé Lopes to King João III that mentions 149 books of Chancellery records and 47 of the so-called Leitura Nova (a compilation of copies of old documents ordered by King Manuel I).
In the 16th century, with the growing centralisation and the greater strength and complexity of the State, Torre do Tombo became a real State archive. Monarchs took notice of the archive, as they understood the importance of the relation between information and power. Some documents from other areas of the central administration were incorporated into the archive. Torre do Tombo became a reference, even serving as an example to Philip II of Spain when regulating the Archive of Simancas.
The first indexes of the archive were created during the 17th and 18th centuries, as the interest in these documents increased and their reorganisation was ongoing. A 1702 index, most likely created by João Duarte Lisboa, responsible for the archive’s reformation, reveals that, in 1656, the archive was arranged in 15 “armários” (cabinets). Twenty years later, the archive had five more “armários”.
In 1755, the tower of the castle was destroyed in the Great Earthquake. The documents were then temporarily saved in a woodshed and, two years later, partly transferred to the monastery of São Bento da Saúde in Lisbon. The papers were then reorganised, and several copies were made. The new organisation did not follow the old methods; instead, it followed the logic of the enlightened 18th century, favouring a methodical and chronological order. The confusion between sections, series, collections, and fonds is noticeable, and the archive's organic structure was unclear, which certainly illustrated how the Crown's institutions were arranged and functioned. Many documents were lost in this new reorganisation and, even with the information given by the indexes, the original structure is still somewhat unclear.
The 18th century also brought a new way of looking at history and a new value to these documents. That explains the incorporation of the Society of Jesus' records in 1768, following the expulsion of the Jesuits from Portugal. It was one of the first examples of the incorporation in the Crown's archives of documents produced by other institutions. After the Liberal Revolution, these incorporations became customary, collecting records of old courts and religious corporations. In 1823, the royal archive changed its name to Arquivo Nacional da Torre do Tombo (National Archive of Torre do Tombo), making it clear that it was not only an archive of the Crown but of the whole nation. However, there was no active will or ability to enable its access and to explore its documents, as the focus was only on their compilation.
The beginning of the 20th century and the establishment of the Republic in 1911 did not bring many new developments, as well as the dictatorship (1926-1974). In the 1950s, an effort was made by the director, João Martins da Silva Marques, to reorganise the documentation, leading to the creation of the Núcleo Antigo (Old Core) collection. Throughout the 20th century, many collections and documents were added to the archive, coming from different public and private institutions.
In 1990, the archives moved to a new building made specifically for that purpose, where they are still located today. In more recent years, part of the fonds and collections were rearranged to match the original organisation. For instance, the Núcleo Antigo was disassembled, creating new fonds and collections, and incorporating other documents into already existing ones.
Until 1755, the Torre do Tombo functioned as the Crown's archive, serving the king's administration and granting certificates to institutions and individuals. The oldest record reporting its organisation and content is from 1526: a letter from Tomé Lopes to King João III that mentions 149 books of Chancellery records and 47 of the so-called Leitura Nova (a compilation of copies of old documents ordered by King Manuel I).
In the 16th century, with the growing centralisation and the greater strength and complexity of the State, Torre do Tombo became a real State archive. Monarchs took notice of the archive, as they understood the importance of the relation between information and power. Some documents from other areas of the central administration were incorporated into the archive. Torre do Tombo became a reference, even serving as an example to Philip II of Spain when regulating the Archive of Simancas.
The first indexes of the archive were created during the 17th and 18th centuries, as the interest in these documents increased and their reorganisation was ongoing. A 1702 index, most likely created by João Duarte Lisboa, responsible for the archive’s reformation, reveals that, in 1656, the archive was arranged in 15 “armários” (cabinets). Twenty years later, the archive had five more “armários”.
In 1755, the tower of the castle was destroyed in the Great Earthquake. The documents were then temporarily saved in a woodshed and, two years later, partly transferred to the monastery of São Bento da Saúde in Lisbon. The papers were then reorganised, and several copies were made. The new organisation did not follow the old methods; instead, it followed the logic of the enlightened 18th century, favouring a methodical and chronological order. The confusion between sections, series, collections, and fonds is noticeable, and the archive's organic structure was unclear, which certainly illustrated how the Crown's institutions were arranged and functioned. Many documents were lost in this new reorganisation and, even with the information given by the indexes, the original structure is still somewhat unclear.
The 18th century also brought a new way of looking at history and a new value to these documents. That explains the incorporation of the Society of Jesus' records in 1768, following the expulsion of the Jesuits from Portugal. It was one of the first examples of the incorporation in the Crown's archives of documents produced by other institutions. After the Liberal Revolution, these incorporations became customary, collecting records of old courts and religious corporations. In 1823, the royal archive changed its name to Arquivo Nacional da Torre do Tombo (National Archive of Torre do Tombo), making it clear that it was not only an archive of the Crown but of the whole nation. However, there was no active will or ability to enable its access and to explore its documents, as the focus was only on their compilation.
The beginning of the 20th century and the establishment of the Republic in 1911 did not bring many new developments, as well as the dictatorship (1926-1974). In the 1950s, an effort was made by the director, João Martins da Silva Marques, to reorganise the documentation, leading to the creation of the Núcleo Antigo (Old Core) collection. Throughout the 20th century, many collections and documents were added to the archive, coming from different public and private institutions.
In 1990, the archives moved to a new building made specifically for that purpose, where they are still located today. In more recent years, part of the fonds and collections were rearranged to match the original organisation. For instance, the Núcleo Antigo was disassembled, creating new fonds and collections, and incorporating other documents into already existing ones.
Access points: locations
Access points: corporate bodies
Access points: subject terms
Access points: document types
System of arrangement
This collection has 3 series, divided according to the nature and date of the laws. The first series includes the "Ordenações Afonsinas" and "Ordenações Manuelinas". The second series includes books of "leis e posturas" (laws and ordinances), "Leis e Partidas" (laws) of the kingdom of Castille, laws and regiments of the king Manuel I, a compilation of "leis extravagantes" (laws that were not part of a code) and some local laws and regiments. The third series is divided in 61 bundles with a variety of separate laws organised in some chronological order.
Access, restrictions
Many documents are available online. The originals of these documents are not available for consultation.
Finding aids
Unpublished finding aids available in the Torre do Tombo:
Coutinho, João Pereira de Azeredo. 1776. "Núcleo Antigo: inventário". Manuscript Inventory of the Núcleo Antigo fonds. (L 299A).
Castro, Joaquim Couceiro de Abreu e Alexandre Manoel da Silva. 1781. "Alfabeto de Leys Modernas, e Ordenações Antigas" (Alphabet of Modern Laws and Old Ordinances). (L 306)
Franklin, Francisco Nunes. [1818]. "Indice chronologico das Leis" (Chronological Index of Laws). (L 307)
Franklin, Francisco Nunes. 1827. "Indice de Leis" (Index of Laws). (L 308)
"Índice Cronológico de Legislação que se acha na Colecção de Leis e Regimentos" (Chronological Index of Laws that are in the Collection of Laws and Regiments). 2 vols., c. 1950. (L 309 and L 310)
"Índice Cronológico de Leis e Partidas de Castela" (Chronological Index of Laws of Castille). c. 1820. (L 310 A)
"Índice ideográfico de Leis e Regimentos" (Ideographic index of Laws and Regiments). 1820s.
Published finding aids:
Links to finding aids
Bibliography
Published primary sources
Linked resources
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| Title | Alternate label | Class |
|---|---|---|
| Arquivo Nacional da Torre do Tombo | Collections (official language of the state) |