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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 and the school of Postglossators.


Life

A member of the noble family of the Ubaldi (Baldeschi), Baldus was born at Perugia in 1327, and studied civil law there under
Bartolus de Saxoferrato 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. He belonged to the school known as the commentators or postglos ...
, 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, where he taught law for three years, after which he was advanced to a professorship at Perugia, where he remained for thirty-three years, and he had among his students Francesco Albergotti. He subsequently taught law at Pisa, Florence, Padua and Pavia, the rivals to Bologna. During his period at Pavia he sometimes also taught at Piacenza. He died at Pavia 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, and whose immediate successor,
Urban VI Pope Urban VI ( la, Urbanus VI; it, Urbano VI; c. 1318 – 15 October 1389), born Bartolomeo Prignano (), was head of the Catholic Church from 8 April 1378 to his death in October 1389. He was the most recent pope to be elected from outside the ...
, summoned Baldus to Rome to assist him by his consultations in 1380 against the anti-pope
Clement VII Pope Clement VII ( la, Clemens VII; it, Clemente VII; born Giulio de' Medici; 26 May 1478 – 25 September 1534) was head of the Catholic Church and ruler of the Papal States from 19 November 1523 to his death on 25 September 1534. Deemed "the ...
. 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 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, ...
''. 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 the ...
'', a twelfth-century compilation of feudal law provisions, is considered to be one of his best 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. 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