Alberico Gentili
Alberico Gentili
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Alberico Gentili

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Alberico Gentili

Alberico Gentili (14 January 1552 – 19 June 1608) was an Italian jurist, a tutor of Queen Elizabeth I, and a standing advocate to the Spanish Embassy in London, who served as the Regius Professor of Civil Law at the University of Oxford for 21 years. He is regarded as the co-founder of the field of international law, and thus is known as the "Father of international law".

The first medieval writer on public international law, Gentili became in 1587 the first non-Englishman to be a Regius Professor. He also authored numerous books, which are recognized to be among the most essential sources for international legal doctrines, but also include theological and literary material.

Gentili was born into a noble family in the town of San Ginesio, Macerata, Italy. It has been conjectured that Gentili's mother might have been the source of his early love for jurisprudence, but it was his father, Matteo Gentili, a physician, who assumed the role of his tutor in Latin and Greek. His father was a protestant. He obtained a doctoral degree in law at the University of Perugia at the age of 20.

After his graduation, Gentili was elected as the chief judge of Ascoli, but he then settled in his native town, where he filled various responsible offices. He was commissioned to prepare a revised version of the statutory laws of his home town, a task which he completed in 1577. Both father and son belonged to a confraternity suspected of meeting for the discussion of opinions hostile to the Roman church. The Inquisition was upon the track of the heretics, and Gentili, together with his father and one of his brothers, Scipione Gentili, was forced to leave Italy because of their Protestant beliefs.

The three first went to Laibach, now in Slovenia, then the capital of the Austrian Duchy of Carniola. From there, Alberico went on to the German university towns of Tübingen and Heidelberg. At their first halting place, Laibach (now Ljubljana), Matteo, doubtless through the influence of his brother-in-law, Nicolo Petrelli, a jurist high in favour with the court, was appointed chief physician of the duchy of Carniola. In the meantime, the papal authorities had excommunicated the fugitives and soon procured their expulsion from Austrian territory. Early in 1580, Alberico set out for England, preceded by a reputation that procured him offers of professorships at Heidelberg and at Tübingen, where Scipio was left to commence his university studies. Alberico reached London in August, with introductions to Giovanni Battista Castiglione, the Italian tutor to Queen Elizabeth I. Gentili soon became acquainted with Dr Tobias Matthew, the Archbishop of York. On 14 January 1581, Gentili was accordingly incorporated from Perugia as a doctor of civil law at Oxford, giving him the right to teach law, which he first exercised at St John's College, Oxford. Teaching at the English universities was then in Latin. Subsequently, Gentili was appointed as the Regius professor of civil law at Oxford by its Chancellor, Robert Dudley, 1st Earl of Leicester.

After a short stay in Wittenberg, Germany, Gentili returned to Oxford. In 1584, he was consulted by the English government as to the proper course to be pursued with Bernardino de Mendoza, the Spanish ambassador, who had been detected plotting against Elizabeth. He chose the topic to which his attention had thus been directed as a subject for a disputation when the Earl of Leicester and Sir Philip Sidney visited the schools at Oxford in the same year; and six months later this was expanded into a book, the De legationibus libri tres. As a result, Mendoza was expelled from England.[citation needed] Gentili held the regius professorship until his death, but he turned more and more to practical legal work in London from about 1590. He practised in the High Court of Admiralty, where the continental civil law rather than the English common law was applied. In 1600, Gentili was called to the Honourable Society of Gray's Inn.

In 1589, Gentili married Hester de Peigne, a French Huguenot. Their eldest son was Robert Gentilis, born 1590, who graduated from Oxford at the age of twelve and was made a Fellow of All Souls College, Oxford, at the age of seventeen through the influence of his father. Gentili died in London and was buried in the Church of St Helen Bishopsgate in the City of London.

In 1582, Gentili published De Juris Interpretibus Dialogi Sex. This book shows Gentili as a staunch supporter of the bartolist method and an opponent of the French humanist jurists like Jacques Cujas, who applied philological methods to the sources of Roman law. Gentili's first book on issues of international law was De Legationibus Libri Tres, published in 1585. Between 1588 and 1589 Gentili published three booklets collected as De Jure Belli Commentationes Tres. An enhanced edition appeared under the title De Jure Belli Libri Tres in 1598. It is considered his main work and a classic of public international law. The book is praised for its modernity and its skilful use of civil law concepts but also for its closeness to the actual practice of international law. Gentili published De armis Romanis in two parts in 1590 and 1599. While less studied than his earlier works, De armis Romanis has been the focus of recent scholarly attention by Christopher N. Warren, Diego Panizza and others.

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