Baldo Degli Ubaldi
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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 ...
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 vi ...
.


Life

A member of the noble family of the Ubaldi (Baldeschi), Baldus was born at
Perugia Perugia ( , ; ; ) is the capital city of Umbria in central Italy, crossed by the River Tiber. The city is located about north of Rome and southeast of Florence. It covers a high hilltop and part of the valleys around the area. It has 162,467 ...
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 ( , ; traditionally spelled Sienna in English; ) is a city in Tuscany, in central Italy, and the capital of the province of Siena. It is the twelfth most populated city in the region by number of inhabitants, with a population of 52,991 ...
is said to have been the master under whom he studied
canon law Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
. 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. On his promotion to the doctorate he went to
Bologna Bologna ( , , ; ; ) is the capital and largest city of the Emilia-Romagna region in northern Italy. It is the List of cities in Italy, seventh most populous city in Italy, with about 400,000 inhabitants and 150 different nationalities. Its M ...
, where he taught law for three years, after which he was advanced to a professorship at
Perugia Perugia ( , ; ; ) is the capital city of Umbria in central Italy, crossed by the River Tiber. The city is located about north of Rome and southeast of Florence. It covers a high hilltop and part of the valleys around the area. It has 162,467 ...
, where he remained for thirty-three years, and he had among his students Francesco Albergotti. He subsequently taught law at
Pisa Pisa ( ; ) is a city and ''comune'' (municipality) 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 the Leaning Tow ...
,
Florence Florence ( ; ) is the capital city of the Italy, Italian region of Tuscany. It is also the most populated city in Tuscany, with 362,353 inhabitants, and 989,460 in Metropolitan City of Florence, its metropolitan province as of 2025. Florence ...
,
Padua Padua ( ) is a city and ''comune'' (municipality) in Veneto, northern Italy, and the capital of the province of Padua. The city lies on the banks of the river Bacchiglione, west of Venice and southeast of Vicenza, and has a population of 20 ...
and
Pavia Pavia ( , ; ; ; ; ) is a town and comune of south-western Lombardy, in Northern Italy, south of Milan on the lower Ticino (river), Ticino near its confluence with the Po (river), Po. It has a population of c. 73,086. The city was a major polit ...
, the rivals to
Bologna Bologna ( , , ; ; ) is the capital and largest city of the Emilia-Romagna region in northern Italy. It is the List of cities in Italy, seventh most populous city in Italy, with about 400,000 inhabitants and 150 different nationalities. Its M ...
. During his period at Pavia he sometimes also taught at
Piacenza Piacenza (; ; ) is a city and (municipality) in the Emilia-Romagna region of Northern Italy, and the capital of the province of Piacenza, eponymous province. As of 2022, Piacenza is the ninth largest city in the region by population, with more ...
. He died at
Pavia Pavia ( , ; ; ; ; ) is a town and comune of south-western Lombardy, in Northern Italy, south of Milan on the lower Ticino (river), Ticino near its confluence with the Po (river), Po. It has a population of c. 73,086. The city was a major polit ...
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 (; 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 pope. In 1377, ...
, and whose immediate successor,
Urban VI Pope Urban 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 last pope elected from outside the College of Cardinals. His pontificate be ...
, summoned Baldus to
Rome Rome (Italian language, Italian and , ) is the capital city and most populated (municipality) of Italy. It is also the administrative centre of the Lazio Regions of Italy, region and of the Metropolitan City of Rome. A special named with 2, ...
to assist him by his consultations in 1380 against the anti-pope
Clement VII Pope Clement VII (; ; born Giulio di Giuliano 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 most unfortunate of ...
. 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 (Catholicism), cardinal and canonist. Appointment as bishop Born in Padua, he studied jurisprudence at Bologna and at Florence, where he graduated in 1385. He tau ...
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 (, 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, the Digest and the I ...
''. His Commentary on the '' Libri Feudorum'', a twelfth-century compilation of
feudal law Feudalism, also known as the feudal system, was a combination of legal, economic, military, cultural, and political customs that flourished in medieval Europe from the 9th to 15th centuries. Broadly defined, it was a way of structuring societ ...
provisions, is considered to be one of his best works. He also commented on the canon law compilations of
decretals Decretals () 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 given due to the initia ...
, 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. The jurist Flavio Torti (died 1622) wrote annotated observations on his work.


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. * File:Ubaldi - Consiliorum, siue responsorum, 1575 - 435.tif, ''Consiliorum, sive responsorum'', 1575. File:Ubaldi, Baldo degli – Lectura feudorum, 15th-century – BEIC 14078440.jpg, ''Lectura feudorum'', 15th-century manuscript. Leiden, Universiteitsbibliotheek, Collectie Willem Matthias D'Ablaing, ABL 7.


References

*


Further reading

* J. Canning, ''The Political Thought of Baldus de Ubaldis'' (Cambridge University Press, 1987) * D. Fedele, ''The Medieval Foundations of International Law. Baldus de Ubaldis (1327-1400), Doctrine and Practice of the Ius Gentium'' (Brill/Nijhoff, 2021). * 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. * "VI Centenario della morte di Baldo degli Ubaldi," "Ius commune," 27 (2000). * Daniel Schwenzer, *


External links


Biography by Ken Pennington at Catholic University of America

Guide to Baldo degli Ubaldi, Consilia de Iure. Manuscript, circa 1420
at th
University of Chicago Special Collections

Complete works and editions by Baldus de Ubaldis at ParalipomenaIuris
{{DEFAULTSORT:Baldus De Ubaldis 1327 births 1400 deaths 14th-century Italian jurists 14th-century writers in Latin Academic staff of the University of Bologna Academic staff of the University of Perugia Academic staff of the University of Pisa People from Perugia