Bartolus de Saxoferrato | |
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Bartolo de Sassoferrato | |
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| Born | 1313 (1313) Venatura,Marche, Italy |
| Died | 13 July 1357(1357-07-13) (aged 43–44) Perugia, Italy |
| Alma mater | University of PerugiaUniversity of Bologna |
| Occupation | Law professor |
Bartolus de Saxoferrato (Italian:Bartolo da Sassoferrato; 1313 – 13 July 1357) was an Italian law professor and one of the most prominent continental jurists ofMedieval Roman Law.[1] He belonged to the school known as the commentators orpostglossators. The admiration of later generations of civil lawyers is shown by the adagenemo bonus íurista nisi bartolista—"no one is a good lawyer unless he is a Bartolist" (i.e. a follower of Bartolus).
Bartolus was born in the village of Venatura, nearSassoferrato, in the Italian region ofMarche. His father was Franciscus Severi, a lawyer.[2] His mother was of the Alfani family. He read civil law at theUniversity of Perugia underCinus, and in theUniversity of Bologna underOldradus andBelviso, and graduated to doctor of law in 1334. In 1339 he started teaching first inPisa, then inPerugia. He raised the character of Perugia's law school to a level with that ofBologna, and this city made him an honorary citizen in 1348. In 1355, EmperorCharles IV appointed him as hisconsiliarius. In PerugiaBaldus 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".[3]
Despite his short life, Bartolus left an extraordinary number of works. He wrote commentaries on all parts of theCorpus 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 everycity-state had its own statutes and customs. Bartolus also dealt with a variety ofconstitutional law issues. In his treatiseDe insigniis et armis he discussed not only thelaw of Arms but also some problems oftrademark law.
Bartolus also wrote on political issues, including the legitimacy ofcity governments, partisan divisions and the regimes of Italy's petty tyrants. His political thought balanced respect for theEmpire with defense of the legitimacy of local Italian governments.
Bartolus is believed to be the first theorist ofinternational law.[4] He and his discipleBaldus of Ubaldis defined a set of norms which enforced the reciprocalindependency andautonomy of the city-states of northern Italy, but into the cornerstone of a common discipline established by the Empire.[4] While the city-states were internally self-governing, their mutual relationships were governed by theHoly Roman Emperor.
Already famous in his lifetime, Bartolus was later regarded as the greatest jurist after the renaissance ofRoman law. This is evident not only from the above-quoted saying, but also from the fact that statutes inSpain 1427/1433 andPortugal 1446 provided that his opinions should be followed where the Roman source texts and theAccursian gloss were silent.Lorenzo Valla was driven out of theUniversity of Pavia in 1431 for his critique of Bartolus' Latin style. Even in England, where thecivil law he had worked on was not applicable, Bartolus was held in high esteem. He influenced civilian writers such asAlberico Gentili andRichard 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 inPierre Beaumarchais'The Barber of Seville, and henceGioachino Rossini's operaThe Barber of Seville andMozart'sThe Marriage of Figaro.
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