graduates of the University the degree of "Doctor-juris" was conferred.

The constant and increasingly numerous questions, disputes, and settlements, inseparable from all intercourse between man and man, trade and trade, created the necessity of a publicly recognised body of men learned in law and equity.

A.College of Judges existed in Florence during the twelfth century, but the actual date of its establishment is conjectural. Anyhow rolls of membership and records of acts are extant of the year 1187.

The first mention of a Tribunal of Judges is in a document of the year 197. This probably led to the formal incorporation of a Guild of Judges, at the same period that the early Compagnie, or Companies of the merchants and artisans, were developed into the more ambitious Arti or Guilds.1

A document of the year 1193, preserved in the Archives of Florence, contains an account of a convention made between the Commune of Florence and the Lords of the Castle of Trebbio, in which are named the Seven Rettori-Rectors of the Guilds. This is especially interesting as the instrument in question was drawn up for signature by certain Judges and Notaries of the city.

In the Treaty of 1204 between Florence and Siena, the signatures of the Consuls of five Guilds are appended, namely: -Judges and Notaries, Calimala, Wool-merchants, Bankers and money-changers, and Silk-merchants. Again in 1229 the Treaty with Orvieto is similarly signed, and it is noteworthy that the Consuls of the "Guild of Judges and Notaries" come first in each Such records prove that the Guild had been in active and honourable existence for many years.

case.

At a State Council, held on April 15th, 1279, summoned to discuss matters relating to the Court of Rome, whereat all the Guilds were represented by their Consuls, the signatures of Dominus Ugo Altoviti, Dominus Jacobus Gerardi, Dominus Alberti 1 L. Cantini, "Legislazione," i. 105-107 and iii. 62. 2 Archivio della Riformagione, Bk. xxvi.

Ristori, Ser Benzi Dandi: Notarius, Dominus Gerardus Maneti : Notarius, Ser Cioe fil. Jacobi Buere-" Consules Judicum et Notariorum," are appended first.

The precise meaning of the title "Consul" is clearly set forth in distinction to that of "Judge." The former's office was "pro manutendum Justitiæ,"—for the maintenance of Justice, the latter's was "ad causas cognoscendum et terminatum,"—for the searching and determining of causes. This distinction is strikingly brought out in the use of the two terms in documents of 1197, 1225, 1227 and 1235.

These documents, and the Statutes of the Guild, were always written in Latin, and never exhibited in the vernacular. All such authorities and enactments, however, were required to be copied out in the ordinary language of the time: the erudition of the notaries employed being evidenced by the use, more or less, of the "della Crusca" or polished manner. The exemption of the "Guild of Judges and Notaries" from this custom was a mark of the superior learning of the members, who were habituated to the study and use of the classic tongue.

In the Archives, and other authorities, the infrequency of reference to the "Guild of Judges and Notaries" is quite remarkable. Whilst the different industries were being gradually formed into Corporations the legal faculty appeared to have no cohesive existence. This may have been due to the fact that judicial and notarial functions were originally called into play as complementary and subservient to the interests of the various commercial operations. Goro Dati, however, in speaking of the Guild, says :-"It has a Proconsul at the head of its Consuls; it wields great authority, and may be considered the parent stem of the whole Notarial profession throughout Christendom, inasmuch as the great masters of that profession have been leaders and members of this Guild. Bologna is the fountain of doctors of the Law, Florence, of doctors of the Notariate." 1

1 "Storia di Firenze," ed. 1775, p. 133.

The magistracy of the Guild was composed of the Proconsul and eight Judges, who were styled Consuls as in the Merchant Guilds. The Proconsul was the co-opted head of the Consuls, and it was requisite that he should have exercised the legal profession, for at least twenty years, and that without reproach of any kind. This highly placed dignitary, at all public functions took precedence immediately after the Podesta and the Captain of the People. He was the first of all the Consuls of all the Guilds, and to him was accorded a supremacy in their jurisdiction. He was accorded a Palace for his residence, in the street, later on, called Via del Proconsolo.1

The Proconsul and Consuls could at any time summon a meeting of the whole of the members, both judicial and notarial. They could also associate with themselves, as assessors, any number of judges when occasion demanded. They sat in all civil and criminal causes affecting members of the Guild. Their advice was sought whenever new laws were proposed to the State by any section of the inhabitants.

With respect to the Guild itself, the Proconsul and Consuls presided at the matriculation and enrolment of new members. The examination incumbent upon candidates was conducted by the same high officials.

Membership in the Guild was sought by the sons of noble families and of the influential merchant citizens, quite as much on account of the social position it bestowed, as for its professional endowments.

Matriculation was obligatory upon all who sought legal appointments. No person however was eligible for matriculation who had resided ten or more years away from Florence; or whose father, brothers, or uncles had failed to pay in full all dues required by the State. Capacity for legal functions, and ability in notarial exercises, were incumbent upon all candidates, who were subject to a rigorous public examination by the Consuls.

The association of the Judges and the Notaries in one Society

Cantini, iii. 169.

was an early necessity of commercial convenience and legal jurisprudence. The delivery of judgments, and their registration, involved two distinct but inseparable functions.

Whilst in the internal economy of the Guild all members were equal in brotherhood, in all public business priority of position was accorded to the Judges. There was, at all times, no little jealousy on the part of the Notaries at their apparent inferiority of station. Sometimes the rivalry became serious, and in 1287 it led to a partial separation of the two branches of the Guild.

Each division, in that year, elected separate Consuls to manage its affairs apart. All Guild business which required the consent, or dissent, of both divisions,-Judges and Notaries,—had to be voted upon, first in separate Session; and then, an adjournment was made to the Church of San Piero Scheraggio, where a final decision was arrived at by a union of votes.

By the end of the century the disagreement was suppressed, and the labours and honours of the Guild were loyally borne by both sections together. Henceforth the high tone which characterised the bearing of Judges and Notaries raised the Guild in honour and reputation to the highest place in the hierarchy of Corporate Life.

The Residence of the Consuls of the "Guild of Judges and Notaries" was at the corner of the Via de' Pandolfini, a modest building which offered little rivalry with the fine palaces of the Consuls of the Merchant Guilds. Over its principal entrance was put up the Stemma or escutcheon of the Guild—a gold star in a blue field. These armorial bearings were varied in later times and four blue stars in a golden field were substituted.

The Podesta was the Supreme Judge in all criminal causes, but he delegated his authority to the three Senior Judges of the Guild-not being Consuls; and rarely, if ever, sat in Court, except in special cases, which involved the honour of the State. The first Podesta, — appointed in 1207, was Gualfredotto

Grasselli, of Milan. He had for his Council four Judges and fourteen Notaries. The "familiga,"-household,-- of the Podesta usually consisted of seven Judges-called "Collaterali," three

Knights, eight Esquires, eighteen Notaries, ten Horsemen, two Trumpeters, twenty Javelin-men, and one page.

The Capitano del Popolo had three Judges, two Knights, four Notaries, eight Horsemen, and nine Javelin-men attached to his as trade person. He took cognisance of civil causes-such

disputes, commercial frauds, and industrial questions generally.

F