Referendary is the English form of a number of administrative positions, of various rank, in chanceries and other official organizations in Europe.
Pre-modern history
The office of ' (plural: ', from the
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
', "I inform") existed at the
Byzantine Court. Such officials reported to the Emperor on the memorials of petitioners, and conveyed to the judges the Emperor's orders in connection with such memorials.
During the
Frankish Empire
Francia, also called the Kingdom of the Franks ( la, Regnum Francorum), Frankish Kingdom, Frankland or Frankish Empire ( la, Imperium Francorum), was the largest post-Roman barbarian kingdom in Western Europe. It was ruled by the Franks dur ...
's
Merovingian period, the official who would later be known as the
chancellor
Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law cou ...
(') was termed the '. See also
Royal Administration of Merovingian and Carolingian Dynasties
The royal household of the early kings of the Franks is the subject of considerable discussion and remains controversial. This discussion is aimed at identifying the major categories of participants in the administration and those who made the maj ...
.
Other medieval kingdoms also had a referendary, e.g.,
Anianus, who in 506 CE compiled the ''
Breviary of Alaric'' for that king of the
Visigoths
The Visigoths (; la, Visigothi, Wisigothi, Vesi, Visi, Wesi, Wisi) were an early Germanic people who, along with the Ostrogoths, constituted the two major political entities of the Goths within the Roman Empire in late antiquity, or what is ...
.
Later the office proliferated and thus became devalued, as reflected in compound titles differentiating some such offices, e.g., in the
Polish-Lithuanian Commonwealth. In later
iterations of the Polish state, the title occurred again, e.g., as "referendary of state".
A referendary can also be an official (
Grand Chancellor) in an
order of knighthood, e.g. the
Order of Saint Lazarus.
Canon law
In the Papal
Curia Romana (court), the office of ' ('apostolic referendary') originated in the Middle Ages; their duty was to receive all petitions directed to the Holy See, to report on them to the pope and to tender him advice. The treatment and decision varied according to the nature of the question: if a favour was concerned, it might be either granted or refused; if some dispute, the pope decided whether it should be referred to a judge. The ' were entrusted with all arrangements for these papal decisions, which they had to prepare for the pope's signature (').
From these referendarii developed the court of the
Signatura
The Supreme Tribunal of the Apostolic Signatura () is the highest judicial authority in the Catholic Church (apart from the pope himself, who as supreme ecclesiastical judge is the final point of appeal for any ecclesiastical judgment). In additio ...
('), concerning which there are various papal constitutions. Pope
Innocent VIII
Pope Innocent VIII ( la, Innocentius VIII; it, Innocenzo VIII; 1432 – 25 July 1492), born Giovanni Battista Cybo (or Cibo), was head of the Catholic Church and ruler of the Papal States from 29 August 1484 to his death in July 1492. Son of th ...
(1484–92) introduced a distinction between the referendarii on questions of favours and of justice, whence developed the "" and the "", each competent to give final decision within its sphere. ' (attested for
Joseph Simeon Assemani), or shorter ' (attested for
Francesco Sforza Pallavicino), 'Referendary of both signatures', was a specific title in the Roman Curia, apparently combining both competences.
In the court of the "" developed a distinction between the prelates entitled to vote (') and those whose duties were confined to reporting on individual cases ('). The whole body gradually lost all practical importance, especially after the loss of the
Papal States
The Papal States ( ; it, Stato Pontificio, ), officially the State of the Church ( it, Stato della Chiesa, ; la, Status Ecclesiasticus;), were a series of territories in the Italian Peninsula under the direct sovereign rule of the pope fro ...
, and was entirely abolished at the reorganization of the Curia by
Pius X.
Germany
In Germany, ' refers to:
* a trainee solicitor/attorney undertaking an
articled clerkship
Apprenticeship is a system for training a new generation of practitioners of a trade or profession with on-the-job training and often some accompanying study (classroom work and reading). Apprenticeships can also enable practitioners to gain a ...
as part of his/her professional training (''Rechtsreferendar''),
* a
student teacher during the practical period of
teacher training (''Lehramtsreferendar''),
* more generally, individuals going through a preparatory service (''
Vorbereitungsdienst'') or administration-internal traineeship for 'senior service' career positions as public servants (''
Beamte''). This includes different areas of the public sector, for instance police, libraries, archives, administrative technical services, or diplomatic service.
All law graduates must article as 's for two years before being
admitted to practice. The traineeship is intended to provide practical knowledge that cannot be taught at
university
A university () is an institution of higher (or tertiary) education and research which awards academic degrees in several academic disciplines. Universities typically offer both undergraduate and postgraduate programs. In the United States, t ...
.
Encyclopædia Britannica: "Referendar (German Jurisprudence)"
/ref>
During the trainee phase, law graduates are employed and paid by the state. Trainees pass through different stages, working as a law clerk
A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...
at different types of courts, for the local public prosecutor's office, and at lawyers' offices. The training comprises several stages that give the ' experience working under supervision in various fields of law.
For trainee teachers the preparatory service lasts between 18 and 24 months depending on the state. During this time, 's are employed by and paid for by the state as candidates for the 'upper' or 'senior' service ranks as government employees ('' Beamte''), depending on which type of school they are training at. A teacher's traineeship consists of academic courses as well as hands-on teaching. At the end of the traineeship, trainee teachers take their Second State Examination to qualify for government employment as teachers.
References
Bibliography
* Bruno Katterbach, ''Referendarii utriusque signaturae a Martino V ad Clementem IX et praelati signaturae supplicationum a Martino V ad Leonem XIII'' (Vatican City: Bibliotheca apostolica Vaticana, 1931).
* Christoph Weber, ''Die päpstlichen Referendare 1566-1809: Chronologie und Prosopographie'' (Stuttgart: Hiersemann, 2004).
*
*the 1911 Encyclopædia Britannica (passim)
*
{{Use British English Oxford spelling, date=May 2019
Ecclesiastical titles
Titles