Petrus Baldus De Ubaldis
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Baldus de Ubaldis (Italian: ''Baldo degli Ubaldi''; 1327 – 28 April 1400) was an Italian jurist, and a leading figure in
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 ...
and the school of
Postglossators The postglossators or commentators formed a European legal school which arose in Italy and France in the fourteenth century. They form the highest point of development of medieval Roman law. The school of the ''glossators'' in Bologna lost its v ...
.


Life

A member of the noble family of the Ubaldi (Baldeschi), Baldus was born at
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 ...
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 Siena ( , ; lat, Sena Iulia) is a city in Tuscany, Italy. It is the capital of the province of Siena. The city is historically linked to commercial and banking activities, having been a major banking center until the 13th and 14th centuri ...
is said to have been the master under whom he studied
canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
. On his promotion to the doctorate he went to
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 ...
, where he taught law for three years, after which he was advanced to a professorship at
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 ...
, where he remained for thirty-three years, and he had among his students Francesco Albergotti. He subsequently taught law at
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 ...
,
Florence Florence ( ; it, Firenze ) is a city in Central Italy and the capital city of the Tuscany region. It is the most populated city in Tuscany, with 383,083 inhabitants in 2016, and over 1,520,000 in its metropolitan area.Bilancio demografico an ...
,
Padua Padua ( ; it, Padova ; vec, Pàdova) is a city and ''comune'' in Veneto, northern Italy. Padua is on the river Bacchiglione, west of Venice. It is the capital of the province of Padua. It is also the economic and communications hub of the ...
and
Pavia Pavia (, , , ; la, Ticinum; Medieval Latin: ) is a town and comune of south-western Lombardy in northern Italy, south of Milan on the lower Ticino river near its confluence with the Po. It has a population of c. 73,086. The city was the capit ...
, the rivals to
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 ...
. During his period at Pavia he sometimes also taught at Piacenza. He died at
Pavia Pavia (, , , ; la, Ticinum; Medieval Latin: ) is a town and comune of south-western Lombardy in northern Italy, south of Milan on the lower Ticino river near its confluence with the Po. It has a population of c. 73,086. The city was the capit ...
on 28 April 1400 and was buried in the church of San Francesco. Baldus was the master of Pierre Roger de Beaufort, who became pope under the title of
Gregory XI Pope Gregory XI ( la, Gregorius, born Pierre Roger de Beaufort; c. 1329 – 27 March 1378) was head of the Catholic Church from 30 December 1370 to his death in March 1378. He was the seventh and last Avignon pope and the most recent French pop ...
, and whose immediate successor, Urban VI, summoned Baldus to
Rome , established_title = Founded , established_date = 753 BC , founder = King Romulus (legendary) , image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg , map_caption ...
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 Francesco Zabarella (10 August 1360 – 26 September 1417) 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 ...
and
Paulus Castrensis Paulus Castrensis was an Italian jurist of the 14th century. Life 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, ...
were also among his pupils.


Works

Many of Baldus' works are incomplete. He left voluminous commentaries on the ''Pandects'' and on the ''
Codex Justinianus The Code of Justinian ( la, Codex Justinianus, or ) is one part of the ''Corpus Juris Civilis'', the codification of Roman law ordered early in the 6th century AD by Justinian I, who was Eastern Roman emperor in Constantinople. Two other units, t ...
''. His Commentary on the ''
Libri Feudorum The ''Libri Feudorum'' is a twelfth-century collection by Pillius Medicinensis, 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 th ...
'', a twelfth-century compilation of
feudal law Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in medieval Europe between the 9th and 15th centuries. Broadly defined, it was a way of structur ...
provisions, is considered to be one of his best works. He also commented on the canon law compilations of
decretals Decretals ( la, litterae decretales) are letters of a pope that formulate decisions in ecclesiastical law of the Catholic Church.McGurk. ''Dictionary of Medieval Terms''. p. 10 They are generally given in answer to consultations but are sometimes ...
, the ''Liber Extra'' and the ''Liber Sextus''. In addition to these commentaries, Baldus wrote a number of treatises on specialised legal topics. His 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 discipline and remained the standard treatment of the subject for centuries.


Publications

* ''De syndicatu officialium'' * ''De duobus fratribus'' * ''De significatione verborum'' * ''De pace Constantiae'' * ''De feudis'' * ''Summula respiciens facta mercatorum''. * ''Commentaria in digestum vetus'', 1549. * ''Consiliorum sive responsorum'', 1575. *


Family

Baldus had two brothers, Angelus (13281400) and Petrus (13351400). 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.


References

*


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). * G. Hamza, "Entstehung und Entwicklung der modernen Privatrechtsordnungen und die römischrechtliche Tradition" (Eotvos Universitätsverlag, Budapest, 2009) p. 78-89. * G. Hamza, "Origine e sviluppo degli ordinamenti giusprivatistici moderni in base alla tradizione del diritto romano" (Andavira Editora, Santiago de Compostela, 2013) p. 79-86.


External links

*
Biography by Ken Pennington at Catholic University of America
* *Daniel Schwenzer,
Guide to Baldo degli Ubaldi, Consilia de Iure. Manuscript, circa 1420
at th
University of Chicago Special CollectionsComplete works and editions by Baldus de Ubaldis at ParalipomenaIuris
{{DEFAULTSORT:Baldus De Ubaldis 1327 births 1400 deaths 14th-century Italian jurists People from Perugia 14th-century Latin writers University of Bologna faculty University of Perugia faculty University of Pisa faculty