The Libri Feudorum: From Local Custom to the Ius Commune
This chapter explores the historical development, structure, and influence of the Libri Feudorum (“Book of Fiefs”), a collection of legal texts originating from Lombard customary law. It examines how these texts evolved from a local compilation into a foundational part of the ius commune and highlights the debates surrounding their interpretation and significance.
Les Libri feudorum : une introduction (The Libri Feudorum: An Introduction)
The Libri Feudorum is a heterogeneous legal text compiled between 1100 and 1250, based on Lombard customs regulating feudal relationships between lords and vassals. These rules addressed personal relationships and property rights over fiefs (beneficia), which included land, castles, or income. The text reflects the intersection of personal loyalty and real property, emphasizing obligations such as fidelity and mutual protection.
Les Libri feudorum et les fiefs (The Libri Feudorum and Fiefs)
François-Louis Ganshof’s narrow definition of feudalism—combining vassalage with the holding of fiefs—has long been the dominant framework for understanding medieval feudalism. However, broader interpretations, such as those of Marc Bloch and Karl Marx, consider feudalism as a socio-economic and political system. The Libri Feudorum, with its focus on Lombard customs, exemplifies these localized practices and challenges universal notions of feudalism.
Débats sur le texte et son importance (Debates on the Text and Its Importance)
Susan Reynolds critiques the concept of feudalism as an artifact of modern historiography, influenced by the terminology of the Libri Feudorum. The text’s integration into the Corpus Iuris Civilis during the 13th century amplified its authority, shaping later interpretations of medieval legal and political systems. This integration highlights its dual role as a local customary text and a source of universal jurisprudence.
La formation du texte (The Formation of the Text)
The Libri Feudorum went through three phases of codification:
- Recensio antiqua (11th–12th centuries): Comprising eight treatises rooted in Lombard legal traditions.
- Recensio ardizzoniana (mid-12th century): Incorporating local practices and imperial legislation.
- Recensio vulgata (13th century): Finalized in Bologna, this version organized the text into two books and integrated imperial decrees and canon law.
The text evolved from descriptions of local customs into a cohesive legal framework, enriched by contributions from figures like Oberto dell’Orto and Pillius de Medicina.
Les textes les plus anciens (The Earliest Texts)
The initial treatises focused on feudal inheritance, investiture, and dispute resolution. Composed in Lombardy, they addressed the practices of local aristocracies, such as the capitanei and valvasores. Their didactic tone suggests they were intended for legal practitioners familiar with feudal judicial practices.
La recensio antiqua et Oberto dell’Orto (The Recensio Antiqua and Oberto dell’Orto)
Oberto dell’Orto’s contributions marked a shift towards systematizing feudal law. His interpretation of feudal possession as a real right (ius in re) facilitated the application of Roman law concepts like possessio and dominium to feudal relationships. Oberto also highlighted the tension between Roman law and local custom, asserting the primacy of custom in feudal disputes.
La recensio ardizzoniana ou intermédiaire (The Recensio Ardizzoniana or Intermediate Phase)
This phase reflects a blend of Lombard customs and civic legal traditions. Jurists like Pillius de Medicina adapted the Libri Feudorum for academic purposes, treating it as part of the Justinianic tradition. This marked the beginning of its incorporation into the ius commune.
La recensio vulgata (The Recensio Vulgata)
The Recensio vulgata was finalized in Bologna during the mid-13th century, incorporating glosses by Pillius and Accurse. This version established the Libri Feudorum as an official part of the Corpus Iuris Civilis, making it a universal reference for feudal law across Europe.
La littérature juridique féodale (Feudal Legal Literature)
The integration of the Libri Feudorum into the ius commune inspired a body of feudal legal literature, including glosses, summae, and commentaries. These works adapted the text to academic and judicial contexts, linking it to Roman and canon law traditions.
La diffusion du texte : portée et limites (The Diffusion of the Text: Scope and Limits)
By the 14th century, the Libri Feudorum was widely studied in Europe, particularly in Italy and France. However, its use remained limited compared to the vast Justinianic corpus. Some jurists questioned its universal applicability due to its roots in Lombard customs.
Conclusion
The Libri Feudorum represents a unique transition from local custom to a foundational source of the ius commune. Its integration into the Corpus Iuris Civilis and subsequent influence on legal scholarship illustrate its importance in the evolution of medieval jurisprudence. Despite its limitations, the text continues to be a focal point for discussions on the nature of feudal law and its role in European legal history.
