Diego de Covarubias y Leyva

Diego de Covarrubias y Leyva ( born July 25, 1512 Toledo, † September 27, 1577 in Madrid), known by his Latin name Didacus Covarruvias, was a Spanish jurist and humanist church. It belongs to the group of theologians jurists of the Spanish Late Scholasticism or the School of Salamanca.

Life

Diego de Covarrubias y Leyva came from a family of scholars Toledo. His father was Alonso de Covarrubias (1488-1570), the architect of the Cathedral of Toledo, his mother came from Belgium. His brother Antonio Covarrubias y Leyva ( 1514/24-1602 ) Member of the Council of Castile and law professor in Salamanca.

Diego Covarrubias y Leyva studied at the University of Salamanca. There he was in canon law, a student of Martin de Azpilcueta, called Doctor Navarrus, theology student of Francisco de Vitoria and Domingo de Soto. Age of 22 ( 1533/34 ) he taught canon law at Salamanca itself. He was instrumental in the reorganization of the University in the 1560s. Here Covarrubias y Leyva met probably also related to the Legistien Fernando Vázquez de Menchaca. He then worked as a professor in Oviedo, as a judge in Burgos and in 1548 in Granada.

The clerical career began when he was 1549/1555 of Charles V appointed Archbishop of Santo Domingo on the island of Hispaniola ( in the New World ), a post he has never competed. On endeavor Philip II, also students of the University of Salamanca, Covarrubias was 1559/60 used by the Pope as Bishop of Ciudad Rodrigo in Castile, than which he along with his brother Antonio and his colleagues Salamantinos Domingo de Soto and Vázquez de Menchaca the last phase at the Council of Trent took part. There he edited together with Cardinal Ugo Boncompagni, who later became Pope Gregory XIII. , The Drekrete De reformatione and thus made ​​an important contribution to the strengthening of the Catholic Church after the slump of the Reformation of Martin Luther. After the Council of Trent Covarrubias was charged with high ecclesiastical and secular offices: 1564/65 he became bishop of Segovia, 1572 Member and 1574 President of the Supreme Council of Castile, whose main function was to advise the king.

Importance

In his scientific works, Covarrubias y Leyva worked with numerous questions from the inheritance and matrimonial law and criminal law. These areas were then to ecclesiastical jurisdiction. Externally often keep the comments yet, " scholastic " character, but show by the frequent use of ancient, even Greek quotations, and by their elegant Latin language clearly the influence of humanism. The annotation of a passage from the canon law often form nurmehr the hanger for a very clear presentation of the material to a certain area of ​​law, and in the treatises Covarrubias goes even more by the principles of law and less on the authority of a text from. Covarrubias heard it, like Andrea Alciati and Ulrich Zasius, to the circle of vorprotestantischen legal humanism ', which by a renewed look at the sources (ad fontes! ) And the underlying principles of the law, the systematization of law in the late 16th and 17. century has decisively prepared. So Covarrubias is often cited by Johannes Althusius, Hugo Grotius and criminal law of Benedict Carpzov.

The School of Salamanca strove for a revival of theology and natural law theory of Aquinas. Also Covarrubias argues for an immutable natural law. The ius gentium he assigns to fully jus humanum and rejects the power absorbed by Vázquez subdivision in ius naturale primaevum and secundaevum. The earthly powers of emperor and pope restricts Covarrubias in the Spanish interest greatly: for instance, he rejects - after Francisco de Vitoria - the curial two swords doctrine and thus the potestas indirecta of the pope in temporal affairs from, but also opposes the doctrine of Bartolus de Saxoferrato from Universalkaisertum. For Covarrubias the state community as such is natural law bearer of state power, an approach that contributed much to the later doctrine of popular sovereignty. In criminal law, Covarrubias conveys the theological doctrine of guilt and punishment to the secular criminal law and makes an important contribution to the systematization of the penalty term, which begins to enforce the principle of guilt in secular criminal law in the 16th century.

The most effective historical significance Covarrubias ' shown by the fact that during his lifetime ( 1573) published a collection of the canonical works under the title Opera omnia canonica. The single folios a complete edition, which was further expanded in later editions to another, ascribed to works, was reissued again and again to the Geneva edition of 1765. In the predominantly Protestant science according to Grotius Covarrubias, like other authors of the device "Spanish Late Scholasticism " from view. Only Kaltenborn 1848 has again drawn attention to him, but for now he only said to have a "horrible learning " due to its rich quotes. Kohler then calls him "the greatest lawyers that Spain has produced ." The Enciclopedia Universal Ilustrada boasts of his " ingenio tan agudo como claro ". Perena Vicente writes the " figura gigante de Diego de Covarrubias y Leyva " to " que abre una historia del derecho en la época espanol. " And not without a certain national pride, he adds: " Esta es una de sus mayores glorias. " Reibstein regarded him primarily as a " representative of the interests of the secular state, "which he, however, as a prerequisite for " honors in-depth synopsis " of spiritual and temporal power. After Schaffstein Covarrubias comes in the area of ​​criminal law effectively historically the role of a " mediator " to, " through which the rich holdings of Thomistic - canonical term analyzes of the secular criminal law developed, partly developed and thus made ​​available for the following, in particular also for the German dogmatic was ".

Individual works

Comments:

  • In tit. De testamentis, interpretations (X 3, 26) ( 1547)
  • In lib. IV Decretalium, De sponsalibus ac matrimoniis, Epitome (X 4, 1 ) ( 1545 )
  • In c. Quamvis pactum, De pactis, lib. VI. Decretalium, Relectio (VI 1, 18, 2) ( 1553)
  • In c. Alma mater, De sententia excommunicationis lib. VI. , Relectio (VI 5, 11, 24) ( 1554 )
  • In regulae Possessor malae fidei, De regul. iuris. lib. VI. , Relectio (VI 5, 13, 2) (1553)
  • In regular regulae Peccatum, De. iuris lib. VI. , Relectio (VI 5, 13, 4) (1553 /54)
  • In Clementi quinti constitutionem: Si furiosus, rubrica De homicidio, Relectio ( Clem. 5, 4 ​​, un. ) ( 1554 )

Tracts and Tract totals:

  • Variarum Resolutionum ex jure pontificio regio et Caesareo libri IV ( 1552 lib.1 -3, 1570 lib. 1-4)
  • Practicarum quaestionum liber unus ( 1556-94 ) (cited Pract quaest. . ) ( 1556 )
  • De frigidis et maleficiatis, Tractatus ( 1573 Opera omnia, Frankfurt)
  • Veterum numismatum Collatio ( de re monetaria ) ( 1556 ).

The literature also following, not contained in the Opera omnia spending works are:

  • De posse sione & praescriptione
  • Enucleatum & auctum
  • Notas ad concilium Trent
  • Tractatus de poenis.
  • Observaciones al fuero Juzgo
  • Catalogo de los Reyes de Espana y de otras cosas para sennaladas razon del tiempo
  • Fundacion de algunas de ciudades Espanna
  • Advertencias para entender las Inscriptions.

Portraits

Diego de Covarrubias y Leyva was repeatedly portrayed by El Greco, who was a close friend of his brother Antonio. The most famous Portrait of El Greco, showing Covarrubias in older years, is now owned by the Museo El Greco (Abc Gallery). Also in the Museo El Greco is a portrait of the Spanish painter Alonso Sánchez Coello is from 1574 ( Web Gallery of Art). Another painting that shows Covarruvias in recent years, is owned by the Biblioteca Colombina in Seville. Even in the first group portraits of European art history, El Greco's Burial of the Count of Orgaz (1586-1588), he is seen.

Toledo, Spain Integrated Authority File
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