Baldus de Ubaldis
Encyclopedia
Baldus de Ubaldis (1327–1400) was an Italian
jurist, a leading figure in Medieval Roman Law
.
in 1327, and studied civil law there under Bartolus de Saxoferrato
, being admitted to the degree of doctor of civil law at the early age of seventeen. Federicus Petrucius of Siena
is said to have been the master under whom he studied canon law
.
On his promotion to the doctorate he went to Bologna
, where he taught law for three years; after which he was advanced to a professorship at Perugia
, where he remained for thirty-three years. He taught law subsequently at Pisa
, at Florence
, at Padua
and at Pavia
, the rivals to Bologna
. During his period at Pavia he sometimes also taught at Piacenza
. He died at Pavia
on 28 April 1400.
Baldus was the master of Pierre Roger de Beaufort, who became pope under the title of Gregory XI
, and whose immediate successor, Urban VI
, summoned Baldus to Rome
to assist him by his consultations in 1380 against the anti-pope Clement VII
. Baldus' view on the legal issues relating to the schism are laid down in the so called Questio de schismate. Cardinal Francesco Zabarella
and Paulus Castrensis
were also among his pupils.
and on the Codex Justinianus. His Commentary on the Libri Feudorum
, a twelfth century compilation of feudal law provisions, is considered to be one of the best of his works. He also commented on the canon law compilations of decretals, the Liber Extra and the Liber Sextus. In addition to these commentaries, Baldus wrote a number of treatises on specialised legal topics. Baldus' major effort, however, went into the writing of some 3,000 consilia (legal opinions). No other medieval lawyer has so many consilia preserved.
Baldus's work on the law of evidence and the gradations of proof was a high point of medieval thought in the area and remained the standard treatment of the subject for centuries.
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
jurist, a leading figure in Medieval Roman Law
Medieval Roman law
Medieval Roman law is the continuation and development of ancient Roman law that developed in the European Late Middle Ages. Based on the ancient text of Roman law, the Corpus iuris civilis, it added many new concepts, and formed the basis of the later civil law systems that prevail in most...
.
Life
A member of the noble family of the Ubaldi (Baldeschi), Baldus was born at PerugiaPerugia
Perugia is the capital city of the region of Umbria in central Italy, near the River Tiber, and the capital of the province of Perugia. The city is located about north of Rome. It covers a high hilltop and part of the valleys around the area....
in 1327, and studied civil law there under Bartolus de Saxoferrato
Bartolus de Saxoferrato
Bartolus de Saxoferrato was an Italian law professor and one of the most prominent continental jurists of Medieval Roman Law. He belonged to the school known as the commentators or postglossators...
, being admitted to the degree of doctor of civil law at the early age of seventeen. Federicus Petrucius of Siena
Siena
Siena is a city in Tuscany, Italy. It is the capital of the province of Siena.The historic centre of Siena has been declared by UNESCO a World Heritage Site. It is one of the nation's most visited tourist attractions, with over 163,000 international arrivals in 2008...
is said to have been the master under whom he studied canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
.
On his promotion to the doctorate he went to Bologna
Bologna
Bologna is the capital city of Emilia-Romagna, in the Po Valley of Northern Italy. The city lies between the Po River and the Apennine Mountains, more specifically, between the Reno River and the Savena River. Bologna is a lively and cosmopolitan Italian college city, with spectacular history,...
, where he taught law for three years; after which he was advanced to a professorship at Perugia
Perugia
Perugia is the capital city of the region of Umbria in central Italy, near the River Tiber, and the capital of the province of Perugia. The city is located about north of Rome. It covers a high hilltop and part of the valleys around the area....
, where he remained for thirty-three years. He taught law subsequently at Pisa
Pisa
Pisa is a city in Tuscany, Central Italy, on the right bank of the mouth of the River Arno on the Tyrrhenian Sea. It is the capital city of the Province of Pisa...
, at Florence
Florence
Florence is the capital city of the Italian region of Tuscany and of the province of Florence. It is the most populous city in Tuscany, with approximately 370,000 inhabitants, expanding to over 1.5 million in the metropolitan area....
, at Padua
Padua
Padua is a city and comune in the Veneto, northern Italy. It is the capital of the province of Padua and the economic and communications hub of the area. Padua's population is 212,500 . The city is sometimes included, with Venice and Treviso, in the Padua-Treviso-Venice Metropolitan Area, having...
and at Pavia
Pavia
Pavia , the ancient Ticinum, is a town and comune of south-western Lombardy, northern Italy, 35 km south of Milan on the lower Ticino river near its confluence with the Po. It is the capital of the province of Pavia. It has a population of c. 71,000...
, the rivals to Bologna
Bologna
Bologna is the capital city of Emilia-Romagna, in the Po Valley of Northern Italy. The city lies between the Po River and the Apennine Mountains, more specifically, between the Reno River and the Savena River. Bologna is a lively and cosmopolitan Italian college city, with spectacular history,...
. During his period at Pavia he sometimes also taught at Piacenza
Piacenza
Piacenza is a city and comune in the Emilia-Romagna region of northern Italy. It is the capital of the province of Piacenza...
. He died at Pavia
Pavia
Pavia , the ancient Ticinum, is a town and comune of south-western Lombardy, northern Italy, 35 km south of Milan on the lower Ticino river near its confluence with the Po. It is the capital of the province of Pavia. It has a population of c. 71,000...
on 28 April 1400.
Baldus was the master of Pierre Roger de Beaufort, who became pope under the title of Gregory XI
Pope Gregory XI
Gregory XI was pope from 1370 until his death.-Biography:He was born Pierre Roger de Beaufort, in Maumont, in the modern commune of Rosiers-d'Égletons, Limousin around 1336. He succeeded Pope Urban V in 1370, and was pope until 1378...
, and whose immediate successor, Urban VI
Pope Urban VI
Pope Urban VI , born Bartolomeo Prignano, was Pope from 1378 to 1389.-Biography:Born in Itri, he was a devout monk and learned casuist, trained at Avignon. On March 21, 1364, he was consecrated Archbishop of Acerenza in the Kingdom of Naples...
, summoned Baldus to Rome
Rome
Rome is the capital of Italy and the country's largest and most populated city and comune, with over 2.7 million residents in . The city is located in the central-western portion of the Italian Peninsula, on the Tiber River within the Lazio region of Italy.Rome's history spans two and a half...
to assist him by his consultations in 1380 against the anti-pope Clement VII
Antipope Clement VII
Robert of Geneva was elected to the papacy as Pope Clement VII by the French cardinals who opposed Urban VI, and was the first Avignon antipope of the Western Schism.-Biography:...
. Baldus' view on the legal issues relating to the schism are laid down in the so called Questio de schismate. Cardinal Francesco Zabarella
Francesco Zabarella
Francesco Zabarella was an Italian cardinal and canonist.-Appointment as bishop:Born in Padua, he studied jurisprudence at Bologna and at Florence, where he graduated in 1385. He taught Canon law at Florence until 1390 and at Padua until 1410...
and Paulus Castrensis
Paulus Castrensis
Paulus Castrensis was an Italian jurist of the 14th century. He studied under Baldus de Ubaldis at Perugia, and was a fellow-pupil with Cardinal de Zabarella. He was admitted to the degree of doctor of civil law in the University of Avignon, but it is uncertain when he first undertook the duties of...
were also among his pupils.
Works
Many of Baldus' works are incomplete. He left voluminous commentaries on the PandectsDigest
Digest can refer to any of the following:*A condensed collection or compendium of writings:**Pandects, or "The Digest", a digest of Roman law**A tax digest...
and on the Codex Justinianus. His Commentary on the Libri Feudorum
Libri Feudorum
The Libri Feudorum is a twelfth century collection, originating in Lombardy, of feudal customs. The work gained wide acceptance as a statement of the various rules governing the relation of lord and vassal.Later in the century it was integrated into civil law...
, a twelfth century compilation of feudal law provisions, is considered to be one of the best of his works. He also commented on the canon law compilations of decretals, the Liber Extra and the Liber Sextus. In addition to these commentaries, Baldus wrote a number of treatises on specialised legal topics. Baldus' major effort, however, went into the writing of some 3,000 consilia (legal opinions). No other medieval lawyer has so many consilia preserved.
Baldus's work on the law of evidence and the gradations of proof was a high point of medieval thought in the area and remained the standard treatment of the subject for centuries.
Family
Baldus had two brothers, Angelus (1328—1400) and Petrus (1335—1400). It is probably due to confusion between Baldus and his brother Petrus that the famous jurist's name is sometimes given as Petrus Baldus de Ubaldis.Further reading
- J. Canning, The Political Thought of Baldus de Ubaldis (Cambridge University Press, 1987)
- J. Franklin, The Science of Conjecture: Evidence and Probability Before Pascal (Johns Hopkins University Press, 2001) ch. 2
- "VI Centenario della morte di Baldo degli Ubaldi," "Ius commune," 27 (2000).
- "VI Centenario della morte di Baldo degli Ubaldi 1400-2000," eds. Carla Frova, Maria Grazia Nico Ottaviani, and Stefania Zucchini (Perugia: Università degli Studi, 2005).
External links
- Biography by Ken Pennington at Catholic University of America
- Daniel Schwenzer,