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Bartolus de Saxoferrato

January 01, 1970

Bartolus de Saxoferrato (Italian: Bartolo da Sassoferrato; 1313 – 13 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 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).

Bartolus de Saxoferrato
Bartolo de Sassoferrato
Born1313
Venatura, Marche, Italy
Died13 July 1357
Perugia, Italy
NationalityItalian
Alma materUniversity of Perugia University of Bologna
OccupationLaw professor

Life and works edit

Bartolus was born in the village of Venatura, near Sassoferrato, in the Italian region of Marche. His father was Franciscus Severi, and his mother was of the Alfani family. He read civil law at the University of Perugia under Cinus, and in the University of Bologna under Oldradus and Belviso, and graduated to doctor of law in 1334. In 1339 he started teaching first in Pisa, then in Perugia. He raised the character of Perugia's law school to a level with that of Bologna, 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 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".[1]

 
Consilia, quaestiones et tractatus, 1547

Despite his short life, Bartolus left an extraordinary number of works. He wrote commentaries on all parts of the Corpus Juris Civilis. 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 had its own statutes and customs. Bartolus also dealt with a variety of constitutional law issues. In his treatise De insigniis et armis he discussed not only the law of Arms but also some problems of trademark law.

Bartolus also wrote on political issues, including the legitimacy of city governments, partisan divisions and the regimes of Italy's petty tyrants. His political thought balanced respect for the Empire with defense of the legitimacy of local Italian governments.

Bartolus is believed to be the first theorist of international law.[2] He and his disciple Baldus of Ubaldis defined a set of norms which enforced the reciprocal independency and autonomy of the city-states of northern Italy, but into the cornerstone of a common discipline established by the Empire.[2] While the city-states were internally self-governing, their mutual relationships were governed by the Holy Roman Emperor.

Legacy edit

Already famous in his lifetime, Bartolus was later regarded as the greatest jurist after the renaissance of Roman law. This is evident not only from the above-quoted saying, but also from the fact that statutes in Spain 1427/1433 and Portugal 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 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.

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's opera The Barber of Seville and Mozart's The Marriage of Figaro.

Works edit

  • Consilia, quaestiones et tractatus (in Latin). Lyon: Thomas Berthelier. 1547.
  • De fluminibus seu Tyberiadis (in Latin).
    • La Tiberiade di Bartole da Sasferrato del modo di diuidere l'alluuioni, l'isole, & gl'aluei (in Italian). Rome: eredi Giovanni Gigliotti. 1587.
  •  
    1587 edition in Italian of De fluminibus
  •  
    Bartolus de Saxoferrato at the left on the title page of Benvenutus Straccha (Benvenuto Stracca) : De mercatura decisiones, 1671
  •  
    Opera omnia, 1581 (Milano, Fondazione Mansutti)

Catalogs of manuscripts edit

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 edit

  1. ^ Chisholm, Hugh, ed. (1911). "Bartolus" . Encyclopædia Britannica. Vol. 3 (11th ed.). Cambridge University Press. pp. 451–452.
  2. ^ a b C Neff, Stephen (2018). "A short history of international law". . Oxford University Press. p. 7. doi:10.1093/he/9780198791836.003.0001. ISBN 9780198791836. OCLC 1052766069. Archived from the original on December 19, 2022. Retrieved May 21, 2021.

Sources edit

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. ISBN 88-02-01797-2. 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, Humanism and Tyranny (Gloucester, Mass., P. Smith, 1964 [c1925]). 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 edit

  • Rattigan, William (1913). "BARTOLUS". In Macdonell, John; Manson, Edward William Donoghue (eds.). Great Jurists of the World. London: John Murray. pp. 45-57. Retrieved 9 March 2019 – via Internet Archive.
  • Calasso, Francesco (1964). "BARTOLO da Sassoferrato". Dizionario Biografico degli Italiani, Volume 6: Baratteri–Bartolozzi (in Italian). Rome: Istituto dell'Enciclopedia Italiana. ISBN 978-8-81200032-6.
  • In primam, secundam Codicis partem commentaria
  • In primam, secundam Infortiati partem commentaria
  • Bartolo's De Insigniis et Armis
  • Translations of his tracts On Guelphs and Ghibellines and On the Government of a City
  • Complete works by Bartolus at ParalipomenaIuris

January 01, 1970
bartolus, saxoferrato, italian, bartolo, sassoferrato, 1313, july, 1357, italian, professor, most, prominent, continental, jurists, medieval, roman, belonged, school, known, commentators, postglossators, admiration, later, generations, civil, lawyers, shown, a. Bartolus de Saxoferrato Italian Bartolo da Sassoferrato 1313 13 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 postglossators The admiration of later generations of civil lawyers is shown by the adage nemo bonus iurista nisi bartolista no one is a good jurist unless he is a Bartolist i e a follower of Bartolus Bartolus de SaxoferratoBartolo de SassoferratoBorn1313Venatura Marche ItalyDied13 July 1357Perugia ItalyNationalityItalianAlma materUniversity of Perugia University of BolognaOccupationLaw professor Contents 1 Life and works 2 Legacy 3 Works 3 1 Catalogs of manuscripts 4 References 5 Sources 6 External linksLife and works editBartolus was born in the village of Venatura near Sassoferrato in the Italian region of Marche His father was Franciscus Severi and his mother was of the Alfani family He read civil law at the University of Perugia under Cinus and in the University of Bologna under Oldradus and Belviso and graduated to doctor of law in 1334 In 1339 he started teaching first in Pisa then in Perugia He raised the character of Perugia s law school to a level with that of Bologna 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 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 1 nbsp Consilia quaestiones et tractatus 1547 Despite his short life Bartolus left an extraordinary number of works He wrote commentaries on all parts of the Corpus Juris Civilis 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 had its own statutes and customs Bartolus also dealt with a variety of constitutional law issues In his treatise De insigniis et armis he discussed not only the law of Arms but also some problems of trademark law Bartolus also wrote on political issues including the legitimacy of city governments partisan divisions and the regimes of Italy s petty tyrants His political thought balanced respect for the Empire with defense of the legitimacy of local Italian governments Bartolus is believed to be the first theorist of international law 2 He and his disciple Baldus of Ubaldis defined a set of norms which enforced the reciprocal independency and autonomy of the city states of northern Italy but into the cornerstone of a common discipline established by the Empire 2 While the city states were internally self governing their mutual relationships were governed by the Holy Roman Emperor Legacy editAlready famous in his lifetime Bartolus was later regarded as the greatest jurist after the renaissance of Roman law This is evident not only from the above quoted saying but also from the fact that statutes in Spain 1427 1433 and Portugal 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 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 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 s opera The Barber of Seville and Mozart s The Marriage of Figaro Works editConsilia quaestiones et tractatus in Latin Lyon Thomas Berthelier 1547 De fluminibus seu Tyberiadis in Latin La Tiberiade di Bartole da Sasferrato del modo di diuidere l alluuioni l isole amp gl aluei in Italian Rome eredi Giovanni Gigliotti 1587 nbsp 1587 edition in Italian of De fluminibus nbsp Bartolus de Saxoferrato at the left on the title page of Benvenutus Straccha Benvenuto Stracca De mercatura decisiones 1671 nbsp Opera omnia 1581 Milano Fondazione Mansutti Catalogs of manuscripts edit Catalogs Casamassima Emanuele Codices operum Bartoli a Saxoferrato recensiti 1 Iter Germanicum Firenze Olschki 1971 Dolezalek Gero Verzeichnis der Handschriften zum romischen Recht bis 1600 4 vols Frankfurt Max Planck Institut fur europaische Rechtsgeschichte 1972 Garcia y Garcia 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 Citta del Vaticano Biblioteca Apostolica Vaticana 1986 1987 Volume 1 Codices Vaticani latini 541 2299 volume 2 Codices Vaticani latini 2300 2746 References edit Chisholm Hugh ed 1911 Bartolus Encyclopaedia Britannica Vol 3 11th ed Cambridge University Press pp 451 452 a b C Neff Stephen 2018 A short history of international law International Law Oxford University Press p 7 doi 10 1093 he 9780198791836 003 0001 ISBN 9780198791836 OCLC 1052766069 Archived from the original on December 19 2022 Retrieved May 21 2021 Sources editPrimary 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 ISBN 88 02 01797 2 pp 279 280 Friedrich Carl von Savigny 1850 Geschichte des romischen 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 Humanism and Tyranny Gloucester Mass P Smith 1964 c1925 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 editRattigan William 1913 BARTOLUS In Macdonell John Manson Edward William Donoghue eds Great Jurists of the World London John Murray pp 45 57 Retrieved 9 March 2019 via Internet Archive Calasso Francesco 1964 BARTOLO da Sassoferrato Dizionario Biografico degli Italiani Volume 6 Baratteri Bartolozzi in Italian Rome Istituto dell Enciclopedia Italiana ISBN 978 8 81200032 6 In primam secundam Codicis partem commentaria In primam secundam Infortiati partem commentaria Bartolo s De Insigniis et Armis Commentary on Digestum Vetus part 1 Commentary on Digestum Vetus part 2 Commentary on Digestum Novum part 1 Commentary on Digestum Novum part 2 Commentary on three books of Codex Commentary on Codex part 1 Commentary on Codex part 2 Translations of his tracts On Guelphs and Ghibellines and On the Government of a City Complete works by Bartolus at ParalipomenaIuris Retrieved from https en wikipedia org w index php title Bartolus de Saxoferrato amp oldid 1186873924, wikipedia, wiki, book, books, library,

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