EDUCATING CIVIL LAW AND COMMON LAW NOTARIES
Bologna and Beyond
Peter Zablud, AM, RFD
MEDIEVAL AND MODERN NOTARY EDUCATION
I
n September 2011, The Australian and New Zealand College of Notaries conducted its first off-shore International Conference, in Bologna, Italy—the birthplace of the modern notariat. Delegates from civil law and common law jurisdictions attended the Conference, including a splendid contingent from British Columbia, led by the redoubtable Wayne Braid. The opening session was held in the Salla dello Stabat Mater in the iconic Archiginnasio, built in the 16th century to be the (then) new main building of Europe’s oldest university and law school, thought to be constructed on the very site where the legendary author and teacher Rolandino de Passaggeri first taught prospective Notaries 3 centuries before. Volume 30 Number 1 Spring 2021
The portico of the Archiginnasio Library of Bologna
Over the years, Bologna’s University was host to many thousands of students from all over Europe. Beginnings The collapse of the Western Roman Empire at the end of the 4th century is said to have ushered in some 600 years of the so-called “Dark Ages.” The 12th century Renaissance (not be confused with the 15th century Florentine Renaissance) saw a revival of commercial and urban life in Mediterranean Europe that, in turn, created a need for professionals such as Notaries who were the lawyers and legal advisors of their day but who did not appear in Courts as advocates. By the mid-12th century, the first universities appeared in response to the demand for institutions that would provide education for professionals. The outstanding centre for the teaching of law was established in Bologna The Scrivener | www.bcnotaryassociation.ca
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in about 1116. Over the years, Bologna’s University was host to many thousands of students from all over Europe. Scholar’s Privileges In line with Roman practice as expounded in the Corpus Juris Civilis (Body of Civil Law) prepared by the Emperor Justinian in the 5th century, in medieval Europe special favours or prerogatives (generally known as “privileges”) were granted by both Church and State as rewards to scholars whose work and professional advice benefitted public welfare and the community.1 Privileges included exemptions from local taxes, civic duties, and military service as well as guaranteed safe passage for students travelling to and from places of study.2 1 See e.g Pearl Kibre, Scholarly Privileges: Their Roman Origins and Medieval Expression, The American Historical Review (1954) 543 2 Ibid
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