Consilia beta

Baldus de Ubaldis

Baldo degli Ubaldi of Perugia, 1327–1400. Five volumes, 2,514 opinions, in the Venice edition of 1575.

Life

Baldus was born in Perugia in 1327, on 2 October according to a local tradition that Joseph Canning accepts as plausible, into the established family of the Ubaldi; in his writings he called himself Baldus de Perusio. He studied Roman law under Johannes Pagliarensis, Franciscus de Tigrinis and, above all, Bartolus de Saxoferrato, and canon law under Federicus Petruccius. The older claim that he took his doctorate in 1344 and taught at Bologna rests on early modern forgeries, as Domenico Maffei showed; the date of the doctorate is unknown. He is documented as a professor of law at Perugia from 1351, when he and his brother Angelus were appointed Savi dello Studio.1 His teaching career then moved between the studia of central and northern Italy: Pisa, probably in 1357–58, Florence from 1359 to 1364, Perugia from 1365 to 1376, Padua from 1376 to 1379, Perugia again from 1379 to 1390, and finally Pavia from 1390 until his death in 1400, where from at least 1395–96 he also held a chair of canon law. In Perugia, a guild republic, he was the retained advocate of the merchants' guild, held public office and served as a diplomat: during the city's war with Pope Urban V in 1370 he sat on the Tre della guerra and negotiated at Corneto and Bologna, and between 1379 and 1381 he went as ambassador to Charles of Durazzo. After Bartolus died in 1357 he was regarded as the most renowned jurist in Europe. Among his pupils were Pierre Roger de Beaufort, the later Pope Gregory XI, Petrus de Ancharano and Paulus de Castro.2

His writings cover both laws. The commentaries, or lecturae, on the Codex, the Digestum vetus and the Lombard Libri feudorum exist in several redactions, and Colli's examination of the author's own copies has shown that Baldus went on revising them while they circulated. The dedication copy of the Lectura super usibus feudorum for Giangaleazzo Visconti, duke of Milan, received his last autograph additions in Pavia around 1393.3 In canon law he left an incomplete commentary on the Decretals, shorter works on the Liber Sextus and the Clementines, a Margarita to Innocent IV's commentary and additions to the Speculum iudiciale of Guillaume Durand, besides a number of treatises.4 Canning puts the whole output at more than seven million words, probably the largest body of work by any medieval jurist, and notes that Baldus has nonetheless been studied far less than his teacher Bartolus; his political thought, developed largely in the commentaries and the consilia, is the subject of Canning's monograph, and his opinions on the Great Schism, written in 1378, 1380 and 1398–99, have been analysed by Helmut G. Walther.5

The consilia

No medieval jurist left more opinions. The figures in the literature vary with what is counted: Canning reckons the printed corpus at between 2,500 and 2,800 pieces, Woelki and Daniels speak of more than three thousand, and Colli's census of manuscripts and prints has recorded about four thousand. The activity they document can be followed over three decades, from the 1370s to 1400. The subjects range from simple commercial disputes to the great political questions of the age, including the Schism.6 The survival of this mass is owed to the organisation of Baldus's own chancery. He kept a staff of secretaries who entered the text of each opinion, as it was issued, into the office copy, the transcriptio in ordine. Fourteen volumes from his private archive survive among the Barberini manuscripts of the Vatican Library; Colli identified twelve of them as these libri minutari and showed that the series was kept in chronological order in two parts, the opinions given in Perugia before 1390 and those given in Pavia from 1390 onwards, with several volumes now missing. His son Franciscus added marginal notabilia to the opinions and compiled them into an index, the Margarita consiliorum.7 Kirshner's edition of thirteen opinions on disinheritance shows what this archive is worth to an editor: the Barberini volumes and a related Lucca manuscript represent autographs or copies authorised in the workshop of Baldus and his son Francesco, and they regularly give better readings than the faulty prints.8 That Baldus went on revising opinions after they had been issued is the subject of studies by Kenneth Pennington.9

The archive never circulated as a whole in manuscript. Smaller anthologies transmit a considerable number of further, unprinted opinions, but the collection as it is known today is a creation of the press: the printers of the incunable editions had access to the author's copy, and for parts of the collection no manuscript survives at all.10

Printed editions

The consilia reached print late and all at once. In the bibliography of incunable editions that Vincenzo Colli has compiled, Baldus's collection occupies fifteen entries for its five parts and the accompanying Tabulae, printed at Brescia, Venice and Milan between 1489 and 1493, with the edition of Paulus de Castro one of the two largest undertakings in the wave of first editions that brought nearly four thousand new opinions on to the market in those years. The first complete edition appeared at Brescia in five parts in 1490–91 and contained, by Joseph Canning's count, 2,040 opinions in the five-book order of the author's archive. Fifteenth-century printers routinely claimed to have worked ab originalibus ipsius autoris; for Baldus, Colli notes, the claim can be verified. With 2,518 pieces the printed collection makes up more than a quarter of the roughly ten thousand consilia printed before 1501.11 From 1516 the Lyon and Venice printers added further opinions collected by Cardinal Savelli, bringing the total above 2,500, though the jurist Diplovatatius still preferred the arrangement of the Brescia edition. In the middle decades of the century Lyon led the trade in legal books; a new series of first editions came from Venice after 1560, and in 1602 a Venetian printer issued a Volumen sextum of Baldus's consilia that is in fact a miscellany of several authors under a saleable title.12

The five-volume edition printed at Venice by Girolamo Polo in 1575, Consiliorum sive responsorum volumina I–V, with a separate Repertorium, became the standard text, the one cited in the literature, and was reproduced in facsimile in 1970.13 It is the edition presented here, in the copy of the Universidad Complutense de Madrid digitised through HathiTrust, with the copy of the Biblioteca Nazionale Centrale di Roma on the Internet Archive as a second witness for the first two volumes. The five volumes contain 500, 496, 502, 499 and 517 opinions, 2,514 in all. Within each volume the sequence follows the printers' copy, so that opinions on related matters stand far apart; the portal's subject index, keywords and search by meaning are meant to bridge that distance. Each opinion keeps the numbering of the print, including its repetitions and gaps, so that references to the 1575 edition in the older literature can be followed directly. What such opinions yield when read closely can be seen in recent studies: Walther on the Schism, Kirshner on disinheritance, Christof Rolker on an opinion concerning the succession of a person of ambiguous sex in the Malaspina family, Nella Lonza on a Paduan opinion in a murder case from Zadar.14

The portal starts from the print because it is the best catalogued and most accessible form of the tradition and the text on which the scholarship rests. It is also, as Kirshner's collation shows, a faulty text. The next step is the manuscript tradition, which can now be set against a segmented and searchable vulgate; the witnesses that follow mark out that work.

Manuscripts

The core of the tradition is the archive itself. Twelve of the fourteen volumes of original consilia and legal papers in the Barberini collection of the Vatican Library are Baldus's libri minutari; Colli identified the Perugian series as Barb lat. 1405, Barb lat. 1403, Barb lat. 1399, Barb lat. 1402, Barb lat. 1401, Barb lat. 1412, Barb lat. 1407 (volumes b, i, k and l are lost) and the Pavian series as Barb. lat. 1410, Barb lat. 1404, Barb lat. 1408, Barb lat. 1406, Barb lat. 1409, the last running to the year of his death; Barb. lat. 1400 holds his son Franciscus's index, the Margarita consiliorum, with letters and a speech at a Pavian doctoral graduation. All of them except Barb. lat. 1410 are digitised in the Vatican's DigiVatLib, so the working copy behind the printed collection can be read online; the volumes are described in the Manuscripta juridica database of the Max Planck Institute for Legal History and Legal Theory.15

Beside the archive stand copies made in the family's circle and anthologies assembled by others. Lucca, Biblioteca Capitolare Feliniana 351 transmits opinions in copies authorised in the workshop of Baldus and his son and served Kirshner, with the Barberini volumes, as the basis of his edition. Chicago, University Library, Codex Ms. 6, written in northern Italy around 1420, gathers 186 numbered opinions of Baldus, his brother Angelus and Pietro degli Ubaldi. Perugia, Biblioteca Comunale Augusta 2828 contains closed collections of Angelus, Baldus and Bartolomeo da Saliceto beside a mixed consilia diversorum, and Florence, Biblioteca Nazionale Centrale II IV 434 a compiler's collection copied, as he notes, from the jurists' originals. Vatican City, BAV, Urb lat. 1132 preserves original subscriptions and seals of Baldus among those of other jurists, and Ott lat. 1249 an opinion nearly identical with no. 60 of the printed collection; both are digitised. A sealed autograph opinion survives in Florence, Archivio di Stato, Corporazioni religiose soppresse 98, 263. Colli's repertory of all of Baldus's works counts 680 manuscripts; its census of the consilia is still to appear.16

Notes

  1. Joseph Canning, The Political Thought of Baldus de Ubaldis (Cambridge: Cambridge University Press, 1987), pp. 14–15; Giancarlo Vallone, "Nascita e morte di Baldo degli Ubaldi e la raccolta originale dei suoi 'consilia'", in Studi in memoria di Giovanni Cassandro, vol. 3 (Rome: Ministero per i beni culturali e ambientali, Ufficio centrale per i beni archivistici, 1991; Pubblicazioni degli Archivi di Stato, Saggi 18), pp. 1082–1088. Bibliography: Canning 1987, Vallone 1991 ↩
  2. Kenneth Pennington, "Baldus de Ubaldis", Rivista internazionale di diritto comune 8 (1997), pp. 35–61; the dates of the teaching posts follow the biography of Baldus by Kenneth Pennington, revised 2015, in the Bio-Bibliographical Guide to Medieval and Early Modern Jurists (Ames Foundation, Harvard Law School). Bibliography: Pennington 1997, Pennington 2015 ↩
  3. Vincenzo Colli, "Von der Handschrift zum gedruckten Buch im Mittelalter: Repertorium der Werke von Baldus de Ubaldis (1327–1400)", Max-Planck-Institut für europäische Rechtsgeschichte, research report 2013; the dedication copy is Paris, Bibliothèque nationale de France, lat. 11727. Bibliography: Colli 2013, Baldus de Ubaldis 14th century ↩
  4. Pennington, biography of Baldus, Bio-Bibliographical Guide. Bibliography: Pennington 2015 ↩
  5. Canning, Political Thought, pp. 13, 16–17 and 20; Helmut G. Walther, "Baldus als Gutachter für die päpstliche Kurie im Großen Schisma", Zeitschrift der Savigny-Stiftung für Rechtsgeschichte, Kanonistische Abteilung 92 (2006), pp. 392–409. Bibliography: Canning 1987, Walther 2006 ↩
  6. Colli, research report 2013; Canning, Political Thought, pp. 16 and 24; Thomas Woelki and Tobias Daniels, "Consilia", in Universitäre Gelehrtenkultur vom 13.–16. Jahrhundert (Stuttgart, 2018), pp. 83–94, at p. 87; Pennington, biography of Baldus, Bio-Bibliographical Guide, gives approximately 2,500. Trevor Dean, Crime and Justice in Late Medieval Italy (Cambridge, 2007), p. 95, calls Baldus "the most prolific consultant" and counts "over 2,000 consilia". Bibliography: Colli 2013, Canning 1987, Woelki / Daniels 2018, Pennington 2015, Dean 2007 ↩
  7. Colli, research report 2013; Vatican City, Biblioteca Apostolica Vaticana, Barb. lat. 1399–1412, with the Margarita in Barb. lat. 1400, as described in Manuscripta juridica (Max Planck Institute for Legal History and Legal Theory), entry on Baldus de Ubaldis, Consilia. See also Vincenzo Colli, "I libri consiliorum. Note sulla formazione e diffusione delle raccolte di consilia dei giuristi dei secoli XIV–XV", in Ingrid Baumgärtner (ed.), Consilia im späten Mittelalter (Sigmaringen, 1995), pp. 225–235; id., "Per uno studio della letteratura consiliare", in Honos alit artes. Studi per il settantesimo compleanno di Mario Ascheri, vol. 1: La formazione del diritto comune. Giuristi e diritti in Europa (secoli XII–XVIII) (Florence, 2014), pp. 25–36, at p. 26 n. 2. Bibliography: Colli 2013, Baldus de Ubaldis, Vaticano, BAV, Barb. lat. 1399, 1401-141, Colli 1995, Colli 2014 ↩
  8. Julius Kirshner, "Baldus de Ubaldis on Disinheritance: Contexts, Controversies, Consilia", Ius Commune 27 (2000), pp. 119–214. Bibliography: Kirshner 2000 ↩
  9. Kenneth Pennington, "The Consilia of Baldus de Ubaldis", Tijdschrift voor Rechtsgeschiedenis 56 (1988), pp. 85–92; id., "Allegationes, Solutiones, and Dubitationes: Baldus de Ubaldis' Revisions of his Consilia", in Manlio Bellomo (ed.), Die Kunst der Disputation. Probleme der Rechtsauslegung und Rechtsanwendung im 13. und 14. Jahrhundert (Munich: Oldenbourg, 1997; Schriften des Historischen Kollegs, Kolloquien 38), pp. 29–72. Bibliography: Pennington 1988, Pennington 1997 ↩
  10. Canning, Political Thought, pp. 23–24. Bibliography: Canning 1987 ↩
  11. Colli, research report 2013; Vincenzo Colli, "Consilia dei giuristi medievali e produzione libraria", in Mario Ascheri, Ingrid Baumgärtner and Julius Kirshner (eds.), Legal Consulting in the Civil Law Tradition (Berkeley, 1999), pp. 173–225, with the bibliography of incunable editions and the statistics of the trade; Canning, Political Thought, pp. 23–24. The Brescia edition: Baldus de Ubaldis, Consilia, Brescia: Bonino de Boninis (parts I–IV) and Battista Farfengo (part V), 1490–91, ISTC iu00022000. Bibliography: Colli 2013, Colli 1999, Canning 1987, Baldus de Ubaldis 1490-1491 ↩
  12. Canning, Political Thought, p. 24; Colli, "Consilia dei giuristi medievali", on the shift of legal printing to Lyon after the 1520s, the Venetian first editions of 1560–90 and the Volumen sextum of 1602. Bibliography: Canning 1987, Colli 1999 ↩
  13. Baldus de Ubaldis, Consiliorum sive responsorum volumina I–V (Venice: Girolamo Polo, 1575); facsimile reprint Turin: Bottega d'Erasmo, 1970. Bibliography: Baldus de Ubaldis 1575 ↩
  14. Walther, "Baldus als Gutachter"; Kirshner, "Baldus de Ubaldis on Disinheritance"; Christof Rolker, "The Two Laws and the Three Sexes: Ambiguous Bodies in Canon Law and Roman Law (12th to 16th Centuries)", Zeitschrift der Savigny-Stiftung für Rechtsgeschichte, Kanonistische Abteilung 100 (2014), pp. 178–222; Nella Lonza, "Terra incognita: A Handful of Consilia Regarding Medieval Dalmatia", in Honos alit artes. Studi per il settantesimo compleanno di Mario Ascheri, vol. 1: La formazione del diritto comune. Giuristi e diritti in Europa (secoli XII–XVIII) (Florence, 2014), pp. 77–84. English translations of some twenty opinions of Baldus: Osvaldo Cavallar and Julius Kirshner (eds.), Jurists and Jurisprudence in Medieval Italy. Texts and Contexts (Toronto, 2020). Bibliography: Walther 2006, Kirshner 2000, Rolker 2014, Lonza 2014, Cavallar / Kirshner 2020 ↩
  15. Manuscripta juridica, entry on Baldus de Ubaldis, Consilia (Vaticano, BAV, Barb. lat. 1399, 1401–1410, 1412), with the attribution of the volumes to the Perugian and Pavian series; Barb. lat. 1400: ibid., separate entry. Colli, research report 2013. The DigiVatLib manifests were checked on 18 October 2026. Bibliography: Vaticano, BAV, Barb. lat. 1399, 1401-141, Vaticano, BAV, Barb. lat. 1400, item 1, Colli 2013, Baldus de Ubaldis ↩
  16. Kirshner, "Baldus de Ubaldis on Disinheritance"; Canning, Political Thought, p. 23; University of Chicago, Codex Ms. 6, description in the Digital Scriptorium catalogue; Giovanna Murano, "I consilia giuridici dalla tradizione manoscritta alla stampa", Reti Medievali Rivista 15/1 (2014), pp. 241–277; Lonza, "Terra incognita"; Colli, research report 2013, and the Max Planck Institute's project page "Census of Opera by Baldus de Ubaldis". Bibliography: Kirshner 2000, Canning 1987, Baldus de Ubaldis ca. 1420?, Murano 2014, Lonza 2014, Colli 2013, Census of Opera by Baldus de Ubaldis (13 ↩