Referendar
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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 languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
', "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 The Carolingian Empire (800–887) was a Frankish-dominated empire in Western and Central Europe during the Early Middle Ages. It was ruled by the Carolingian dynasty, which had ruled as kings of the Franks since 751 and as kings of the Lomba ...
's
Merovingian period The Merovingian dynasty () was the ruling family of the Franks from around the middle of the 5th century until Pepin the Short in 751. They first appear as "Kings of the Franks" in the Roman army of northern Gaul. By 509 they had united all the ...
, the official who would later be known as the
chancellor Chancellor () is a title of various official positions in the governments of many countries. The original chancellors were the of Roman courts of justice—ushers, who sat at the (lattice work screens) of a basilica (court hall), which separa ...
(') 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 The ''Breviary of Alaric'' (''Breviarium Alaricianum'' or ''Lex Romana Visigothorum'') is a collection of Roman law, compiled by Roman jurists and issued by referendary Anianus (referendary), Anianus on the order of Alaric II, Visigothic King ...
'' for that king of the
Visigoths The Visigoths (; ) were a Germanic people united under the rule of a king and living within the Roman Empire during late antiquity. The Visigoths first appeared in the Balkans, as a Roman-allied Barbarian kingdoms, barbarian military group unite ...
. 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
iteration Iteration is the repetition of a process in order to generate a (possibly unbounded) sequence of outcomes. Each repetition of the process is a single iteration, and the outcome of each iteration is then the starting point of the next iteration. ...
s 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 An order of chivalry, order of knighthood, chivalric order, or equestrian order is a society, fellowship and college of knights, typically founded during or inspired by the original Catholic military orders of the Crusades ( 1099–1291) and pai ...
, e.g. the
Order of Saint Lazarus The Order of Saint Lazarus of Jerusalem, also known as the Leper Brothers of Jerusalem or simply as Lazarists, was a Catholic military order founded by Crusaders during the 1130s at a leper hospital in Jerusalem, Kingdom of Jerusalem, whose car ...
.


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 on any ecclesiastical matter). In addition, ...
('), concerning which there are various papal constitutions. Pope
Innocent VIII Pope Innocent 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 the viceroy of Naples, Cybo spent his ea ...
(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 Francesco Maria Sforza Pallavicino or Pallavicini (28 November 16074 June 1667), was an Italian Cardinal (Catholic Church), cardinal, Philosophy, philosopher, Theology, theologian, Literary theory, literary theorist, and Church history, church h ...
), '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 ( ; ; ), officially the State of the Church, were a conglomeration of territories on the Italian peninsula under the direct sovereign rule of the pope from 756 to 1870. They were among the major states of Italy from the 8th c ...
, and was entirely abolished at the reorganization of the Curia by
Pius X Pope Pius X (; born Giuseppe Melchiorre Sarto; 2 June 1835 – 20 August 1914) was head of the Catholic Church from 4 August 1903 to his death in August 1914. Pius X is known for vigorously opposing Modernism in the Catholic Church, modern ...
.


Germany

In Germany, ' refers to: * a trainee solicitor/attorney undertaking an articled clerkship as part of his/her professional training (''Rechtsreferendar''), * a
student teacher A student teacher or prac teacher (''practise teacher'') is a college, university, or graduate student who is teaching under the supervision of a certified teacher in order to qualify for a degree in education. Student teachers undergo such inte ...
during the practical period of
teacher training Teacher education or teacher training refers to programs, policies, procedures, and provision designed to equip (prospective) teachers with the knowledge, attitude (psychology), attitudes, behaviors, approaches, methodologies and skills they requir ...
(''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 educational institution, institution of tertiary education and research which awards academic degrees in several Discipline (academia), academic disciplines. ''University'' is derived from the Latin phrase , which roughly ...
.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, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by Legal research, researching issues and drafting legal opinions for cases before the court. Judicial ...
at different types of courts, for the local
public prosecutor A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible ...
'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 State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...
. 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