Bartolus de Saxoferrato (Italian: ''Bartolo da Sassoferrato''; 131313 July 1357) was an Italian law professor and one of the most prominent continental jurists of
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, ''Corpus iuris civilis'', it added many new concepts, and formed the basis of the la ...
. He belonged to the school known as the commentators or
postglossators. The admiration of later generations of civil lawyers is shown by the adage ''nemo bonus íurista nisi bartolista'' — no one is a good jurist unless he is a Bartolist (i.e. a follower of Bartolus).
Life and works
Bartolus was born in the village of Venatura, near
Sassoferrato
Sassoferrato is a town and ''comune'' of the province of Ancona in the Marche region of central-eastern Italy.
History
To the south of the town lie the ruins of the ancient Sentinum, on the Via Flaminia. The castle above the town is mentione ...
, in the Italian region of
Marche
Marche ( , ) is one of the twenty regions of Italy. In English, the region is sometimes referred to as The Marches ( ). The region is located in the central area of the country, bordered by Emilia-Romagna and the republic of San Marino to the ...
. His father was Franciscus Severi, and his mother was of the Alfani family. He read civil law at the
University of Perugia under
Cinus
Cino da Pistoia (1270 – 1336/37) was an Italian jurist and poet.
He was born in Pistoia, Tuscany. His full name was ''Guittoncino dei Sinibaldi'' or, Latinised, ''Cinus de Sighibuldis''. His father was a noble man from the House of Sinibaldi ...
, and in the
University of Bologna
The University of Bologna ( it, Alma Mater Studiorum – Università di Bologna, UNIBO) is a public research university in Bologna, Italy. Founded in 1088 by an organised guild of students (''studiorum''), it is the oldest university in continuo ...
under
Oldradus and
Belviso, and graduated to doctor of law in 1334. In 1339 he started teaching first in
Pisa
Pisa ( , or ) is a city and ''comune'' in Tuscany, central Italy, straddling the Arno just before it empties into the Ligurian Sea. It is the capital city of the Province of Pisa. Although Pisa is known worldwide for its leaning tower, the cit ...
, then in
Perugia
Perugia (, , ; lat, Perusia) is the capital city of Umbria in central Italy, crossed by the River Tiber, and of the province of Perugia.
The city is located about north of Rome and southeast of Florence. It covers a high hilltop and part o ...
. He raised the character of Perugia's law school to a level with that of
Bologna
Bologna (, , ; egl, label= Emilian, Bulåggna ; lat, Bononia) is the capital and largest city of the Emilia-Romagna region in Northern Italy. It is the seventh most populous city in Italy with about 400,000 inhabitants and 150 different nat ...
, and this city made him an honorary citizen in 1348. In 1355, Emperor
Charles IV appointed him as his ''consiliarius''. In Perugia
Baldus de Ubaldis
Baldus de Ubaldis (Italian: ''Baldo degli Ubaldi''; 1327 – 28 April 1400) was an Italian jurist, and a leading figure in Medieval Roman Law and the school of Postglossators.
Life
A member of the noble family of the Ubaldi (Baldeschi), ...
and his brothers Angelus and Petrus became pupils of Bartolus. Bartolus died in Perugia at the age of 43, and was interred in the church of San Francisco with a monument inscribed with "Ossa Bartoli".
Despite his short life, Bartolus left an extraordinary number of works. He wrote commentaries on all parts of the
Corpus Juris Civilis
The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred ...
. He is also the author of a large number of treatises on specific subjects. Among these treatises is his famous book on the law relating to rivers (''
De fluminibus seu Tyberiadis''). There are also almost 400 legal opinions (''consilia'') written at the request of judges or private parties seeking legal advice.
Bartolus developed many novel legal concepts, which became part of the civil law tradition. Among his most important contributions were those to the area of conflict of laws – a field of great importance in 14th century Italy, where every
city-state
A city-state is an independent sovereign city which serves as the center of political, economic, and cultural life over its contiguous territory. They have existed in many parts of the world since the dawn of history, including cities such as ...
had its own statutes and customs. Bartolus also dealt with a variety of
constitutional law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as th ...
issues. In his treatise ''
De insigniis et armis'' he discussed not only the
law of Arms
The law of heraldic arms (or laws of heraldry) governs the "bearing of arms", that is, the possession, use or display of arms, also called coats of arms, coat armour or armorial bearings. Although it is believed that the original function of coat ...
but also some problems of
trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others ...
law.
Bartolus also wrote on political issues, including the legitimacy of
city government
Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...
s, partisan divisions and the regimes of Italy's petty tyrants. His political thought balanced respect for the
Empire
An empire is a "political unit" made up of several territories and peoples, "usually created by conquest, and divided between a dominant center and subordinate peripheries". The center of the empire (sometimes referred to as the metropole) ex ...
with defense of the legitimacy of local Italian governments.
Bartolus is believed to be the first theorist of
international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
.
He and his disciple
Baldus of Ubaldis defined a set of norms which enforced the reciprocal
independency and
autonomy
In developmental psychology and moral, political, and bioethical philosophy, autonomy, from , ''autonomos'', from αὐτο- ''auto-'' "self" and νόμος ''nomos'', "law", hence when combined understood to mean "one who gives oneself one's ...
of the city-states of northern Italy, but into the cornerstone of a common discipline established by the Empire.
While the city-states were internally self-governing, their mutual relationships were governed by the
Holy Roman Emperor
The Holy Roman Emperor, originally and officially the Emperor of the Romans ( la, Imperator Romanorum, german: Kaiser der Römer) during the Middle Ages, and also known as the Roman-German Emperor since the early modern period ( la, Imperat ...
.
Legacy
Already famous in his lifetime, Bartolus was later regarded as the greatest jurist after the renaissance of
Roman law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
.
This is evident not only from the above-quoted saying, but also from the fact that statutes in
Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
1427/1433 and
Portugal
Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
1446 provided that his opinions should be followed where the Roman source texts and the
Accursian gloss were silent.
Lorenzo Valla was driven out of the
University of Pavia
The University of Pavia ( it, Università degli Studi di Pavia, UNIPV or ''Università di Pavia''; la, Alma Ticinensis Universitas) is a university located in Pavia, Lombardy, Italy. There was evidence of teaching as early as 1361, making it one ...
in 1431 for his critique of Bartolus' Latin style.
Even in England, where the
civil law he had worked on was not applicable, Bartolus was held in high esteem.
He influenced civilian writers such as
Alberico Gentili and
Richard Zouch
Richard Zouch (1 March 1661) was an English judge and a member of parliament from 1621 to 1624. He was elected Member of Parliament for Hythe in 1621 and later became principal of St. Alban Hall, Oxford. During the Civil War he was a Royalist an ...
.
Due to Bartolus' fame, his name was used for the character of a lawyer in many Italian plays and other works, for example Dr. Bartolo in
Pierre Beaumarchais' ''
The Barber of Seville (play)'', and hence
Gioachino Rossini
Gioachino Antonio Rossini (29 February 1792 – 13 November 1868) was an Italian composer who gained fame for his 39 operas, although he also wrote many songs, some chamber music and piano pieces, and some sacred music. He set new standards f ...
's opera ''
The Barber of Seville
''The Barber of Seville, or The Useless Precaution'' ( it, Il barbiere di Siviglia, ossia L'inutile precauzione ) is an ''opera buffa'' in two acts composed by Gioachino Rossini with an Italian libretto by Cesare Sterbini. The libretto was base ...
'' and
Mozart's ''
The Marriage of Figaro
''The Marriage of Figaro'' ( it, Le nozze di Figaro, links=no, ), K. 492, is a ''commedia per musica'' (opera buffa) in four acts composed in 1786 by Wolfgang Amadeus Mozart, with an Italian libretto written by Lorenzo Da Ponte. It premie ...
''.
Works
*
*
**
File:Bartolo da Sassoferrato – De fluminibus, 1587 – BEIC 4617927.jpg, 1587 edition in Italian of ''De fluminibus''
File:Benvenutus-Straccha-De-mercatura-decisiones MG 1244.tif, Bartolus de Saxoferrato at the left on the title page of Benvenutus Straccha (Benvenuto Stracca
The Republic of Ancona was a medieval commune and maritime republic notable for its economic development and maritime trade, particularly with the Byzantine Empire and Eastern Mediterranean, although somewhat confined by Venetian supremacy on t ...
) : De mercatura decisiones, 1671
File:Bartolus de Saxoferrato - Opera omnia, 1581 - 038.tif, ''Opera omnia'', 1581 (Milano, Fondazione Mansutti)
Catalogs of manuscripts
Catalogs:
*Casamassima, Emanuele, ''Codices operum Bartoli a Saxoferrato recensiti'' 1, ''Iter Germanicum'' (Firenze: Olschki, 1971).
*Dolezalek, Gero, ''Verzeichnis der Handschriften zum römischen Recht bis 1600'', 4 vols. (Frankfurt: Max-Planck-Institut für europäische Rechtsgeschichte, 1972).
* García y García, Antonio, ''Codices operum Bartoli a Saxoferrato recensiti'' 2, ''Iter Hispanicum'' (Firenze: Olschki, 1973).
* Izbicki, Thomas M., and Patrick Lally, "Texts Attributed to Bartolus de Saxoferrato in North American Manuscript Collections," ''Manuscripta'' 35 (1991): 146–155.
* Izbicki, Thomas M., "Additional Texts Attributed to Bartolus de Saxoferrato in North American Manuscript Collections," ''Manuscripta'' 55 (2011): 146–155.
* Izbicki, Thomas M., "Manuscript Works of Bartolus de Saxoferrato in the Vatican Library," ''Rivista Internazionale di Diritto Comune'' 23 (2012): 147-210.
*
Krafzik, Sebastian: ''Die Herrschereinsetzung aus der Sicht des Bartolus von Sassoferato'' In: Journal on European History of Law, London: STS Science Centre, Vol. 1, No. 2, pp. 39–43, (ISSN 2042-6402).
*Kuttner, Stephan, and Reinhard Elze, ''A Catalogue of Canon and Roman Law Manuscripts in the Vatican Library'', 2 vols. (Città del Vaticano: Biblioteca Apostolica Vaticana, 1986–1987). Volume 1: Codices Vaticani latini 541-2299; volume 2: Codices Vaticani latini 2300-2746.
References
Sources
;Primary sources
* Diego Quaglioni, ''Politica e diritto nel trecento italiano. Il "De tyranno" di Bartolo da Sassoferrato (1314–1357). Con l'edizione critica dei trattati "De Guelphis et Gebellinis", "De regimine civitatis", e "De tyranno"'', Olschki, Firenze, 1983.
;Secondary sources
* Maria Ada Benedetto (1958). ''Bartolo da Sassoferrato''. In ''Novissimo Digesto Italiano. Vol 2''. . pp. 279–280.
*
Friedrich Carl von Savigny (1850). ''Geschichte des römischen Rechts im Mittelalter. Vol. 6''. pp. 137–184.
* Walter Ullmann (1962). ''Bartolus and English Jurisprudence''. In ''Bartolo da Sassoferrato. Studi e Documenti per il VI centenario. Vol. 1''. pp. 47–73.
*
Ephraim Emerton
Ephraim Emerton (February 18, 1851 – March 3, 1935) was an American educator, author, translator, and historian prominent in his field of European medieval history.
Early life and education
Ephraim Emerton was born in Salem, Massachusetts, to ...
, ''Humanism and Tyranny'' (Gloucester, Mass., P. Smith, 1964
1925
Events January
* January 1
** The Syrian Federation is officially dissolved, the State of Aleppo and the State of Damascus having been replaced by the State of Syria.
* January 3 – Benito Mussolini makes a pivotal speech in the Italia ...
. Includes translations of Bartolus, "De tyrannia" and "De
Guelphis et Gebellinis".
* Osvaldo Cavallar et al., ''A grammar of signs: Bartolo da Sassoferrato's Tract on insignia and coats of arms'' (Berkeley, CA: Robbins Collection, University of California at Berkeley, 1994).
* Osvaldo Cavallar,"River of Law," in ''A Renaissance of conflicts: visions and revisions of law and society in Italy and Spain'', ed. John A Marino and Thomas Kuehn (Toronto, Ont.: Centre for Reformation and Renaissance Studies, 2004), pp. 31–129. (Includes editions of parts of the ''Tyberiadis'' and of a ''consilium''.)
*Anna T. Sheedy, ''Bartolus on Social Conditions in the Fourteenth Century'' (New York: Columbia University Press, 1942).
* C. N. S. Woolf, Bartolus of Sassoferrato: His Position in the History of Medieval Political Thought (Cambridge, 1913).
External links
*
*
''In primam, secundam Codicis partem commentaria''''In primam, secundam Infortiati partem commentaria''Commentary on Digestum Vetus part 1Commentary on Digestum Vetus, part 2Commentary on Digestum Novum, part 1Commentary on Digestum Novum, part 2Commentary on three books of CodexCommentary on Codex, part 1Commentary on Codex, part 2Translations of his tracts ''On Guelphs and Ghibellines'' and ''On the Government of a City''Complete works by Bartolus at ParalipomenaIuris
{{DEFAULTSORT:Bartolus de Saxoferrato
1313 births
1357 deaths
People from the Province of Ancona
14th-century Italian jurists
Italian heraldists
14th-century Latin writers
University of Perugia alumni
University of Bologna alumni
University of Pisa faculty
University of Perugia faculty