An ‘Old’ Us and a ‘New’ Them. Introduzione Enciclopedica allo Studio del Diritto by G.D. Romagnosi

Sara Parini Vincenti

Università degli Studi di Milano

sara.parini@unimi.it

Abstract: Gian Domenico Romagnosi’s contribution to the restructuring of legal studies in Italy – a reform unfurled through plans and bills, namely the Piano di istruzione legale (Legal Education Plan) and Progetto di Regolamento degli Studi Legali (Project for the Regulation of Legal Studies) and, from a legislative point of view, through the formation of the Regolamento per gli studi Pratici Legali (Regulations for Practical Legal Studies), as well as the creation of three Postgraduate Schools – culminating in the drafting of an unpublished textbook entitled Introduzione enciclopedica allo studio del diritto. his work still strove to collect and explain knowledge: as such, it was a sort of manifestation of the goals he had alluded to ten years earlier in Studio preparatorio alla Facoltà Politico Legale. His Introduzione was meant to be just that: ‘introductory tool’ that could embrace the whole of legal knowledge, so that the elderly Professor could take stock of his educational ambitions and disseminate the epistemological views that he identified with in the new institutional climate. Romagnosi came to this subject matter late in life, having left behind the various forms of individualistic radicalism that had typified the revolutionary era and his encyclopedia seems to be an appropriate way to summarize his life’s work.

Keywords: Romagnosi, Introduzione enciclopledica allo studio del diritto, Legal Education Plan, Schools of law, Faculty of law, Uversities

Table of contents: 1. New courses and new goals for legal studies.2. Introduzione enciclopedica allo studio del diritto.3. Pure didactics or an ethical science?

1. New courses and new goals for legal studies.

Years ago, as part of the various initiatives organized by the Commission for the History of the Legal Profession, I examined Gian Domenico Romagnosi’s contribution to the restructuring of legal studies in Italy[1]. This reform unfurled through plans and bills, namely the Piano di istruzione legale (Legal Education Plan) and Progetto di Regolamento degli Studi Legali (Project for the Regulation of Legal Studies). From a legislative point of view, these efforts would lead to the formation of the Regolamento per gli studi Pratici Legali (Regulations for Practical Legal Studies), as well as the creation of three Postgraduate Schools[2].

In order to complete this analysis of Romagnosi’s teachings, I think that it would be interesting to cover some new ground and delve into his unpublished textbook entitled Introduzione enciclopedica allo studio del diritto (Encyclopedic) Introduction to the Study of Law)[3]. One of his later works, it was written after Romagnosi had been able to avoid trial forhigh treason and was left with no choice but to resort to teaching in private – a situation that would not last for long, however[4].

Romagnosi’s textbook took shape under circumstances that were much different than those surrounding his Saggio filosofico sull’istruzione pubblica legale (Philosophical Treatise on Public Legal Education)[5]. Indeed, it was after 1817, and the experience of instituting postgraduate schools had since been abandoned (having already been first discouraged and then definitively shelved by the Austrians)[6]. Nonetheless, his work still strove to collect and explain knowledge: as such, it was a sort of manifestation of the goals he had alluded to ten years earlier in Studio preparatorio alla Facoltà Politico Legale (Preliminary Study for the Faculty of Law and Political Science), a text that he held as a fundamental part of his plan to restructure Italian legal studies[7]. His Introduzione was meant to be just that: an ‘introductory tool’ that could illustrate “the intellectual laws and natural principles of the just”; that could embrace the whole of legal knowledge, so that the elderly Professor could take stock of his educational ambitions and disseminate the epistemological views that he identified with in the new institutional climate ushered in by the Concert of Europe[8].

It is common knowledge that in the aftermath of the Congress of Vienna, the education of state bureaucrats became a priority in the science of government: officials were to be properly educated in the ways of administration[9], namely as concerned the fulfillment of tasks, respect for order and adherence to protocol.

Napoleonic policy had opened up universities to a wider community[10] and introduced the value of praxis[11]: but the Austrian government cut all ties to that approach once public education fell under their control. In fact, they reorganized education[12] and gave rise to a society that revolved around a sense of duty[13]. In short, the regime change presented a series of challenges regarding how knowledge was to be organized; how the best individual talents could be attracted to – and have success in – legal studies; and how legal studies could become the foundation for building a sound bureaucracy made up of capable Beamten who were loyal to the cause.

One only had to look outside of France to realize that the tools were actually already in place. Indeed, it would not be until 1840 that the first introductory course commenced in Paris, «sous le titre plus convenable d’Introduction générale à l’étude du Droit»[14].

On the other hand, the German territories had already been moving in this direction for a long time. In terms of didactics, it suffices to mention Johan Stephan Pütter’s Neuer Versuch einer Juristischen Encyclopädie und Méthodologie: when it was published in 1757[15], it marked the first time that a specific nomenclature had been coined for an introductory course of an ‘encyclopedic’ nature. It was to be introduced into academies in order to facilitate an understanding of positive law («als Instrument zum Verständnis des positiven Rechts»)[16], as teaching of the subject had been lacking up to that point.

This introductory approach, or «εγκύκλιος παιδεία»[17], would soon be crossing borders thanks to the publication of a series of notable compendia[18] on the subject. Admittedly, the content of each publication varied a fair amount in these early stages, but the aim of each was clearly stated in the title[19]. Thus, Pütter’s course was able to expand beyond the German legal sciences to the Netherlands and Russia[20], and by the beginning of the following century, it would come to be recognized as part of university curricula in Vienna and Berlin.

Indeed, August Böckh, who was a professor at the University of Heidelberg and author of Encyklopädie und Methodologie der philologischen Wissenschaften, was involved with a comprehensive course during the Sommersemester in Brandenburg in 1811[21]; meanwhile, the Encyclopaedische-methodische Einleitung in der juristisch-politisch Studium by Albert von Hess was already making its way around the Austrian capital as early as 1810[22].

The Imperial-Royal Universities of Lombardy-Venetia also proceeded along the same lines: they established a core course that the Istruzione pel giorno 15 ottobre 1817
[23] purposely called Introduzione enciclopedica (Encyclopedic Introduction). The evocation of an ‘encyclopedic’ approach was an indicative choice[24], as the course’s systematic structure not only helped establish the theoretical foundations of jurisprudence as a science, but also set it apart from other branches of knowledge by defining its aims and its general principles[25].

The indefatigable Romagnosi was not to be excluded from the spirit of the times, as he too put together an unpublished textbook on the subject[26] for the students enrolled at his private school, and which can be dated to some time between 1818 and 1821[27].

Let us now take a closer look at that work.

2. Introduzione enciclopedica allo studio del diritto.

First and foremost, it must be stated that this was an unfinished work. Romagnosi’s manuscript is made up of just over sixty pages, which were neither reviewed nor corrected. What’s more, it is contained in two different folders numbered 25 n. 6 and 25 n. 7, which is only further evidence of the fact that much work had been left undone.

The first bundle – number 6 – contains a draft of the text with a title, and was probably a provisional outline for his lessons. Each sheet was used in its entirety (full-page) going from sheet 1 (the title of the work) to sheet 32. In addition to a general, introductory part, there are also sections dedicated to Diritto privato naturale (Private natural law) (8 sheets) and Diritti Classificativi (Classificatory rights) (4 sheets), before moving on to Convenzioni (Agreements) (6 sheets) and concluding with Acquisto di beni per causa di morte (Inheritance of property from the deceased).

The second bundle – number 7 – is more similar to an outline of a core course to be offered in a university setting. At first glance, it comes off as a work in progress: just half of each page was written on, and often only the front side of the sheet was used, while the margins are filled with notes, second thoughts, additions and digressions. Yet the subject matter is meatier, the content is more substantial and the titles he used are more far-reaching: such is the case with the sections on Convenzioni (Agreements) and Acquisto di beni per causa di morte (Inheritance of property from the deceased) (sheets 1-22), Contratti (Contracts) (after several blank pages, this section starts up again on sheet 33), Diritti e doveri di famiglia (Rights and duties of the family), and Dominio reale (Dominium) (sheet 80), which concludes Romagnosi’s writing.

In terms of content, given the circumstances under which the work was carried out, one would have expected a relatively discreet ‘lesson’ that shied away from proclamations of momentous change in the teaching of law in general, let alone in the specific case of Romagnosi’s own educational program[28]. All the more so considering the straightforward approach taken by the author and the didactic style he chose in drafting his work, which took the form of a back-and-forth dialogue between master and pupil.

On the contrary, however, Romagnosi’s Introduzione stood out from the mass of comprehensive (‘encyclopedic’) treatises that had been called for by the Austrian leadership in order to educate students of the newly-restructured Faculty of Law and Political Science. His clearly-defined program went beyond simply pointing out the correct approach to political and legal studies: it revealed the elderly Maestro’s still-burning desire to once again take up the reins of the methodological debate surrounding education, which had begun many years before under Napoleon.

The textbook’s distribution was limited to the cramped confines of a private school, and Romagnosi faced physical, political and economic difficulties. Yet despite these impediments, his work was able to address the key issues that needed to be dealt with – legal definitions first and foremost, but also the aim and definition of each branch of law – in support of the philosophical development of a new legal system. What’s more, his textbook also examined how to organize the individual components of such a system, and how to trace those components back to the general principles of private law, which could not exist without a society to define it.

Romagnosi also picked up on the basic criterion laid out by encyclopedists in the eighteenth century who had examined the relationship between natural and positive law, the organization of legal relationships within a state system, and the connections between history and philosophy; however, he did not cite any of the works heretofore mentioned, except for that of Zeiller, who was the subject of a university exam that students were expected to take.

The opening pages anticipate the need for a well-balanced and uniform reconstruction of legal science; they also lay out «what the Introduzione contains»[29].

Namely:

the exposition of all the branches of legal doctrines that may be needed to manage public affairs […] the branches into which these doctrines may be divided […][30] how many scientific branches rational doctrine can in turn be divided into […][31]

Yet Romagnosi was not content with offering simply an overview of the subject. He had a much more ambitious goal for the course: to lay the ethical and moral groundwork for the education of all «specialists working in the various branches that make up the tree of legal sciences»[32].

The philosophical nature of Romagnosi’s work is immediately apparent. In order to assign a role to the individual in a political community, one must start from none other than the method of deductive reasoning that is taught to the young, inexperienced minds of students. For this reason, simply learning by rote cannot be the end goal of education; on the contrary, the student must assimilate a few great principles that confer control «of justice to legal science […] and utility to Politics […]»[33]. Indeed,

The functions of a welfare state serve the immediate purpose of […] protecting and improving individuals […] it follows that the Government’s work comes down to EDUCATION on a large scale in order to promote [the] CIVILIZATION [of its society][34].

On the other hand, an individual’s purpose is brought out through his role within civil society (Diritto come facoltà utile – Law as a useful power, sheet 11v), which is no longer a place where individual subjectivities clash, but rather a community whose progress depends on the contributions of all of its members.

Romagnosi sought to distance himself from Zeiller’s social vision (sheet 12), which envisaged a community of «self-sufficient and independent people»; quite the opposite, Romagnosi called for «a mutual union of individuals» (sheet 12), a society made up of equals in which any exercise of freedom that is not connected to public goals would be in vain[35].

Individuals must not use their freedom arbitrarily. On the contrary, they must use it for the common good – in other words, they must use it for ethical purposes[36].

Indeed, society and the state together represent a place which valorizes the individual – a place where a person’s intelligence is only improved through the community, with the firm belief that the individual will never evolve in his short lifetime, but only en masse and over the course of centuries. Thus, it is only in society that the citizen can rise up and attain fulfillment[37].

With these basic premises set forth at the outset, the middle pages of Introduzione delve into Private natural law, to which Romagnosi assigns a threefold role that he defines as «attributive», «directive» and «tutelary»[38], based on the actual needs of individuals[39].

A categorical imperative requires «that citizens be given what is due to them as per natural law»[40]: but times have changed, the community’s make-up has become more complex, and emerging groups have requested that new prerogatives be recognized. Under these circumstances, the sovereign power is thus tasked with defining the rights of all, and if necessary, changing the rights of individuals in the process. In any case, Romagnosi refuses to provide an abstract catalogue of individual rights[41].

Romagnosi’s detailed and well-founded analysis thus allowed him to develop an arsenal of arguments that could help him reformulate the meaning ofius naturae[42], which he would then use as a tool to explain the value of private law[43].

Although some rights are inalienable by nature – such as the right to freedom – the actual attribution of such rights can only take place if the statutory legislation provides for it.

It was no accident that Romagnosi repeatedly expressed this concept: «laws have a direct effect on the needs of each individual». All positive laws must be interpreted and understood in the light of the philosophical postulates that preceded them, while also taking the history of nations and the auxiliary branches of knowledge into consideration[44], as it is the constant integration of these factors that allows the legal scholar – be it a judge, lawyer or palatine – to fully grasp and express the ratio of said laws.

The importance of Introduzione allo studio del diritto is thus clear – it serves as the introduction to a discipline, but it is also a discipline to study in itself. It is both the starting point and the end goal of a university education that successfully comes full circle. Indeed, it is none other than a sittliche Staat that must be created: on paper, at least, it was the same Rechtsstaat (Constitutional state) that Romagnosi had always sought to describe.

Romagnosi revealed the moral depth that lies behind the doctrinal framework of his manuscript by reassessing how a person – as an individual in general, but even more so as a jurist – serves society.

It is certainly no easy task, and it cannot be completed by mechanistically carrying out formal, incumbent duties; on the contrary, it translates to any legal activity that ‘the moral man’ performs, from serving in public office to reaching private agreements with others[45].

Presented as such, the objective of positive law is to fulfill an ethical obligation that guarantees public happiness, to the benefit of all.

The inevitable classification of right and wrong is the great book that provides us with knowledge of the natural laws of reason. […]. The sum of these laws tells us which deeds must be put into practice and which must be avoided, and why […]. This is exactly what morality is[46].

3. Pure didactics or an ethical science?

So what was the goal of Romagnosi’s textbook? With ‘his’ legal encyclopedia, Romagnosi sought to refute any separation of the individual from the community, and he resolved to show the cupida legum iuventus not only what law was like in action, but also how it had been shaped over the centuries. This reference to the history of law was essential[47] to grasping the true needs of the nation and understanding the immanent reason underlying those needs[48]. Romagnosi’s aspirations would find their best expression in the program created by the Amministrazione centrale per le Facoltà legali (Central Administration for Departments of Legal Studies), which called for statutory provisions to be neither arbitrary nor mechanically reproduced from memory, but rather to be rooted in consciousness, thus becoming logical and moral conviction, which is the fundamental core of a jurist’s intellectual endowment.

For all these reasons, Romagnosi’s contribution cannot be ignored. While it may be true that the manuscript, like others of its ilk, provided an overview of all legal doctrines as well as the various parts of law to be studied, it is also true that the way it approached these themes was much more complex.

His work is noteworthy for its original structure: starting with the opening lines, it traced out a difficult path that the modern encyclopedia would have to complete from then onwards if it was to achieve its own independence as a science. That may be another story[49], but it is true that Romagnosi had something more in mind than a mechanistic presentation of the various legal disciplines when he thought of his encyclopedic endeavor. As clearly evidenced by the writings in his textbook, he theorized about a ‘science among sciences’ that rested on solid philosophical foundations, and that was built up methodically and organized on a historical basis, in order to provide students with an understanding of law in its entirety.

Thus, these unpublished pages provide a personal history of the author’s introductory course. The variety of registers displayed in the language Romagnosi used is only further testament to the link between methodology and philosophy, which he ably interweaved to lay the groundwork for the education of a new generation of jurists. In addition, he was also able to promote a vision of natural law as «science, law and the power to act in society»[50].

Romagnosi came to this subject matter late in life, having left behind the various forms of individualistic radicalism that had typified the revolutionary era; thus, he did not delve into it as much as other fields. Nevertheless, his ‘encyclopedia’ seems to be an appropriate way to summarize his life’s work.

________________________
[1] See S. Parini Vincenti, Ad auxilium vocatus, Studi sul «praticantato» da Napoleone alla Legge professionale del 1874: l’esperienza normativa, andStudi sul «praticantato» in età moderna. Romagnosi e la Scuola di eloquenza pratica legale (1808-1817), both inAvvocati e avvocatura nell’Italia dell’Ottocento, Bologna 2009, pp. 29-125 and pp. 127-199, particularly ntt. 24, 34, 39 (Appendice documentaria).

[2] This was an intense commitment on the part of Romagnosi. Having already been a professor at Parma and Pavia, he wanted to create a curriculum for aspiring law practitioners of law: his efforts to do so began with Progetto di Regolamento degli studi politico-legali, (in 198 artt.), written in 1807 but published with the incorrect date of 1803, together with Principi fondamentali di diritto amministrativo, aggiuntovi il Saggio filosofico sull’istruzione pubblica legale, which was never implemented by the government (Opere di G. D. Romagnosi, Milano, 1846, A. de Giorgi (ed.), VII, II, pp. 1189-1229 (hereafter referred to as EDG); and continued with Rapporto sul regolamento per gli studi pratici legali, which was based on two decrees, one issued on 15 November 1808 entitled Decreto riguardante il piano di istruzione generale (the original can be found in the State Archives of Milan (Archivio di Stato di Milano, hereafter referred to as ASMi), Collection Studi, m.p., folder 684) and the other on 15 April 1809 entitled simply Decreto ministeriale. These decrees established the three Special Postgraduate Schools of Alta Legislazione Civile e Criminale nei rapporti con l’amminstrazione pubblica (High Civil and Criminal Legislation as related to Public Administration, which was headed by Romagnosi), Diritto Pubblico e Commerciale (Public and Commercial Law, headed by Professor Franco Salfi), and Eloquenza Pratica Legale (Practical Legal Oratory, headed by Angelo Anelli).

[3] Fabio Luzzatto offered what he described in his own words as ‘the very first overview’ of the unpublished textbook (Introduzione enciclopedica allo studio del diritto nel di G. D. Romagnosi, in «Rivista di diritto privato», 5 (1935), nn. 3-4, pp. 189-216 and Id., Intorno ad un’opera inedita di Romagnosi in «Rivista internazionale di filosofia politica e sociale ‘Il Romagnosi’», 1 (1935), pp. 433-436). In a short piece, Luzzatto highlighted the «overwhelming endurance of [Romagnosi’s] principles and his unwillingness to give in or concede when it came to truths, no matter how unfavorable or difficult they may have been to the regime». Indeed, Luzzatto pointed out that while Romagnosi’s textbook may have only been a marginal part of his career – seeing as how the maestro was already widely acclaimed for many other, better-known works – it was nonetheless worth studying, as it attested to the moral strength and coherence of his ideological path at a crucial moment in his life.

[4] It is a well-known fact that Austrian police officers arrested Romagnosi on 26 May 1821 while he was giving Carlo Cattaneo a lesson. The charge brought against him was misprision of treason. It was only the beginning of an ordeal that would see him spend six terrible months in prison on the island of San Michele before he was eventually acquitted and released. Despite the acquittal, he was definitively banned from both public and private teaching, as he was considered an «individual who professes principles that are contrary to the education of youth» (F. Luzzatto, Gian Domenico Romagnosi. Il processo del 1821, extract from «Scuola Positiva. Rivista di diritto e procedura penale», n. s., 15 (1935), 7-8).

[5] We are far removed from the ‘eloquent jurists’ that were Romagnosi in his aureo Saggio and the much-lauded Girolamo Poggi (F. Colao, Avvocati del Risorgimento nella Toscana della Restaurazione, Bologna 2006, p.79, but even before in L. Mannori, Uno Stato per Romagnosi, II, La scoperta del Diritto Amministrativo, Milano 1987, p.18, nt. 29).

[6] Romagnosi meticulously reported to the general director of Public Education, Giuseppe Scopoli, on the status of the Scuole Speciali (Special Schools) and on the work carried out by the professors there, as shown in their frequent correspondence between November of 1814 and December of 1816. For this reason, we know that the lessons had already been moved to Brera by the end of 1814, due to Romagnosi’s own failing health (file 13340/5450 Del professore Romagnosi per la traslocazione in Brera del locale delle Scuole Speciali: Romagnosi to Scopoli, 15 December 1814); that the School of Public and Commercial Law had not been active since the Austrians arrived (Romagnosi to Scopoli, 9 February 1815); and that the curricula for the year 1816 were dedicated to an explanation of Regio Diritto (Royal Law) in the School of High Legislation and civile processura austriaca (Austrian criminal procedure) in the School of Practical Legal Oratory (Romagnosi to Scopoli , 15 September 1816). The year-end balance sheet for 1816 and the budget for 1817 – which Romagnosi was requested to provide with dispatch n. 3012 – attest to a general state of abandonment: «there is nothing left to do […] because everything has been reduced to the caretaker’s salary» (Romagnosi to Scopoli, 26 October 1816). Everything in ASMi, Fondo Studi, m.p., folder 181.

[7] For a detailed account of Progetto di Regolamento degli studi politico-legali see: G.D. Romagnosi. Lettere edite e inedite, collected and annotated by S. Fermi, with a preface by A. Solmi, Milano, 1935, n. 76, pp. 116-117; F. Gentile, Il progetto di Regolamento degli Studi Politico-Legali di G.D. Romagnosi, in L’Educazione Giuridica, II, Profili storici, Perugia, 1979, pp. 430-453; Mannori, Uno Stato per Romagnosi, II, [nt. 5], pp. 17-19; M. G. di Renzo Villata, Giandomenico Romagnosi e la pratica del diritto: riflessioni sparse during the academic conference entitled: Sapere accademico e pratica legale tra Antico Regime ed unificazione nazionale (XVIII-XX secolo), (Genova: 7-8 November 2008), V. Piergiovanni (ed.), Genova 2009, pp. 289-351. Printed version in EDG [nt.1], VII, II, pp. 1189-1229 and in Piatti’sOpere del professore G.D. Romagnosi, IV, Firenze 1832, pp. 267-318. See also, ASMi, Fondo Studi, m.p., folder 684.

[8] We can also find the following in Romagnosi’s Introduzione: «I will immerse you in the world in order to understand the true, complete and impassioned elements of the doctrine», sheet 16.

[9] For a general discussion of the issue: M. Meriggi, Aspetti dell’impiego di concetto in Lombardia (1816-1848); C. Mozzarelli, Il modello del pubblico funzionario nella Lombardia austriaca, both in L’educazione giuridica, IV, Il pubblico funzionario: modelli storico comparativi, II, Perugia 1981, pp. 331- 361 e pp. 439-459; M. G. di Renzo Villata, La formazione del giurista in Italia e l’influenza culturale europea tra Sette e Ottocento. Il caso della Lombardia, inFormare il Giurista esperienze nell’area lombarda tra Sette e Ottocento, Milano 2004, pp. 1-105; M. R. Di Simone, Percorsi del diritto tra Austria e Italia, secoli 17-20, Milano 2006, pp. 71-98; F. Rossi, Il cattivo funzionario. Fra responsabilità penale, amministrativa e disciplinare del Regno Lombardo-Veneto, Milano 2013.

[10] On this subject, see: M. Sarfatti Larson, The rise of professionalism: a sociological analysis, Berkeley, 1977; W. Tousijn, Tra Stato e mercato: le libere professioni in Italia in una prospettiva storico evolutiva, inLe libere professioni in Italia, Bologna, 1987, W. Tousijn (ed.), pp. 13-44; A. Ferraresi, Formazione professionale civile e militare tra Repubblica e Regno d’Italia. Il caso di Pavia, in La formazione del primo Stato italiano e Milano capitale 1802-1814, International Conference (Milano: 13-16 November 2002), Milano 2006, pp. 733-832, particularly pp. 795-796, and finally S. Parini Vincenti, Ad auxilium vocatus. [nt.1], pp. 62-74.

[11] L. Mannori, I ruoli dell’intellettuale nell’Italia napoleonica, in Istituzioni e cultura in eta` napoleonica, E. Brambilla, C. Capra, A. Scotti (ed.), Milano 2008, pp. 159-183, particularly pp. 160-162.

[12] Following the Napoleonic era, there was an initial and sudden transformation of the university system in 1816 (Sovrana Risoluzione 7 dicembre 1816, in ASMI, Studi m.p. folder 942). In accordance with the instructions issued in 1817 for the coming academic year, a new system was to be adopted that was the same as the one in place at the Empire’s other universities ( Istruzioni per l’attuazione degli studi dell’I. R. Università di Pavia, pel giorno 15 ottobre 1817, giusta le nuove prescrizioni di S.M.I.R.A ); however, the Regolamento generale (General regulations) would not be issued until 8 April 1825, and the restructuring process concluded in 1830 (for the relative texts, see Statuti e ordinamenti dell’Università di Pavia dal 1361 al 1859, Pavia 1925, pp. 325-330 and pp. 331-348; more details in M. G. di Renzo Villata,Tra Vienna, Milano e Pavia: un piano per un’università «dall’antico lustro assai decaduta» (1753-1773), inGli statuti universitari: tradizione dei testi e valenze politiche. Dall’originarietà degli Studi Generali all’autonomia delle Università (sec.XII-XXI), Messina, 14-17 aprile 2004, Bologna, 2007, pp. 507-546).

[13] There was a boom in didactic material offered by post-Napoleonic European countries that aimed to show their citizens – often in elementary terms – what their duties toward society and the state were: Doveri dei sudditi verso il loro monarca, Milano, I.R. stamperia, 1825, in Asmi, Presidenza di governo, folder 93, file 17- geheim, as previously cited in Rossi, Il cattivo funzionario [nt. 9], p. 54; R. Angeli, I doveri de’ cittadini verso la patria e degli impegati municipali etc… ad istruzione ed uso dei medesimi impegati, Roma 1824.

[14] More specifically, the Minister de Salvandy had already been pushing for its establishment since 1838, and the circular letter entitledCircolare 808 of 29 June 1840 (Moniteur 30 juin 1840) provided for the creation d’une chiare d’Encyclopédie à la Faculté de Droit de Paris, which was entrusted to De Barsac «pour objet de donner à l’étudiant qui débute une notion précise générale et élémentaire de la jurisprudence». Though it had changed in light of the experience in Germany, the introductory course in France for the L’École du Droit was nonetheless different than the course of Encyclopädie der Rechtswissenschaft: «La chaire récemment créée à Paris est une chaire d’encyclopédie et non de méthodologie […] en Allemagne le professeur est complètement libre dans son allure didaticque mais il ne peut être question de méthodologie en France où le matières à enseigner et l’ordre sont réglés par des lois» (P.L.A. Eschbach, De l’utilité d’un cours d’encyclopédie du droit, in Revue de la législation et de jurisprudence, XVI, juilett-décembre, (1842), pp. 257-263, particularly p. 260, n. 1. By the same author, see also Cours d’introduction générale a l’étude du droit, ou, Manuel d’encyclopédie juridique, Paris, 18462, in which we find the first citation (Avant-propos, V) and the complete transcription of the ministerial circular that appeared in the Moniteur). For a full exegesis of law studies in France, cfr. E. Lerminier, Introduction général à l’Histoire du droit, Bruxelles 1830, particularly Préface pp. XIV-XVI.

[15] The reference is to Entwurf einer juristischen Encyclopädie nebst etlichen Zugaben von der Politik, von Land- und Stadtgesetzen, von brauchbaren juristischen Büchern, published in Göttingen in 1757 and reprinted in the same city under the title Neuer Versuch einer Juristischen Encyclopädie und Methodologie in 1767 (although Hámza – infra – traces it to 1769, p. 150, nt. 50), in which Pütter (1725-1807) returned to themes that he had already discussed in his inaugural lecture for the year 1748 (Programma de necessaria in academiis tractanda rei iudiciariae imperiae scienciae, Göttingen 1748, as referred to by W. Ebel, Der Göttinger Professor Johann Stephan Pütter aus Iserlohn, Göttingen 1975, p. 62). The two editions presented new developments in the subject-matter: the first starts with a description of general concepts, followed by the correct way to arrange and treat the individual disciplines; the second (which is being referred to here) explains the purposes of those disciplines. For more on the subject, see: H. Monhaupt, Recht, Natur Geschichte als Argument, Quelle und Autorität in deutschen Rechtsenzyklopädien des 18. und frühen 19. Jahrhunderts, in Recht zwischen Natur und Geschichte, Symposion: 24-26 Nov. 1994, Frankfurt am Main 1997, pp. 73-102, particularly pp. 80-85; G. Valera, Dalla scienza generale alla enciclopedia: l’enciclopedia giuridica tedesca nella seconda metà del Settecento, in Enciclopedia e sapere scientifico. Il diritto e le scienze sociali nell’Enciclopedia giuridica italiana, A. Mazzacane, P. Schiera (ed.), Bologna 1990, p. 68, nt. 4 and pp. 70-71; G. Hámza, Comparative law and antiquity within the framework of legal humanism and natural law in Fundamina: A Journal of Legal History, XVI (2010), pp. 142-152, particularly pp. 149-151.

[16] Pütter, Neuer Versuch einer Juristischen Encyclopädie, p. 70, § 122. See Monhaupt, Recht, Natur Geschichte als Argument, [nt. 15], p. 82.

[17] This definition comes directly from Quintilian (Institutiones oratoriae libri XII, Milano 1997, lib. I, Cap. X, p. 118). On the other hand, a few examples of its use in textbooks can be found in: Eschbach, Manuel d’encyclopédie juridique, Avant-propos, II, nt.7 and De l’utilité d’un cours d’encyclopédie du droit [nt.14], 258, nt.7; but also in Den Tex, Encyclopaediae Jurisprudentiae, § 7., pp. 8-9 and Stöckhardt, Juristische Propaedeutik oder Vorschule der Rechtswissenschaft, Einleitung pp. 2-3, nt. 1.

[18] From Pütter onwards, the German territories would witness the publication of a series of textbooks that would only continue to strengthen this ‘encyclopedic’ debate. To cite but a few examples: A. F. Schott, Entwurf einer juristischen Encyclopädie und Methodologie, zum Gebrauch akademischer Vorlesungen, Leipzig 1772 (again in Monhaupt, Recht, Natur Geschichte als Argument, pp. 85-90 and Hámza, Comparative law and antiquity, pp. 151-152, cfr. for both [nt. 15]); J.F. Gildemeister, Juristische Encyclopädie und Methodologie, Duisburg 1783 (J. Schröder, Wissenschaftstheorie und Lehre der “praktischen Jurisprudenz” auf deutschen Universitäten an der Wende zum. 19 Jahrhundert, Frankfurt am Main 1979, pp. XX, 51-52, 112-113; Monhaupt, Recht, Natur Geschichte als Argument, p. 91); K. Sal. Zachariae, Grundlinien einer wissenschaftlichen juristischen Encyclopädi e, Leipzig 1795 (G. Valera, Profili giuridici della felicità, in C. Vetter (ed.) La felicità è un’idea nuova in Europa. Contributo al lessico della rivoluzione francese, I, Trieste 2005, pp. 80-100), and continuing up until Juristische Encyclopädie, auch zum Gebrauche bei akademischen Vorlesungen di N. N. Falck, Kiel 18252 (again in Monhaupt, Recht, Natur Geschichte als Argument, p. 101) and the pamphlet brevis sed ingeniosus according to Den Tex (supra, §14, p. 18) by G.F. Puchta, Encyclopädie als Einleitung zu Institutionen-Vorlesungen, Leipzig und Berlin 1825 (as referred to by W. Hastie, Outlines of the science of jurisprudence. An introduction to the systematic study of law, Edinburgh 1887, pp. 12-132).

[19] «in which the concept of an encyclopedia played an important role, and in which the Begriff der Rechtswissenschaft, sometimes mentioned in the title, was given prominence» » (G. Valera in Dalla scienza generale alla enciclopedia [nt. 15], pp 67-118).

[20] The encyclopedia was made into a European science in the wake of Leibniz’s Nova Methodus, which is unanimously considered the starting point for «le projets d’ouvrages synthétiques indispensables à le science du Droit», and the path can be traced as follows: in Belgium l’Encyclopédie du droit (Bruxelles 18432) by A. Roussel (1809-1875); in Holland l’Encyclopaediae Jurisprudentiae (Amstelodami 1839) by C. Anne den Tex (1795-1854), which among these works was the only one written in Latin, and in Russia, the Juristische Propaedeutik oder Vorschule der Rechtswissenschaft, zunächst für die Kaiserliche Rechtsschule zu St. Petersburg (Leipzig 18432) by H. R. Stöckhardt (1802-1848), which outlines a comparative framework based on the previous works. On the peculiar situation in Russia, cfr. also M. Silnizki, Geschichte des gelehrten Rechts in Russland: jurisprudencija an den Universitäten des Russischen Reiches 1700-1835, Frankfurt am Main 1997.

[21] August Böckh, who studied at Halle with Wolff, taught courses without interruption from 1809 to 1865 (26, to be precise). His ‘encyclopedic’ lessons tended to argue for a philosophical view of history that went beyond the mere ‘mimesis’ of events, so as to affirm the essential scientific contribution made by historical studies and their utility in numerous cultural contexts, not least of which the field of law. As valuable as his lessons were, they would only be published posthumously by his student E. Bratuscheck in 1877, in Leipzig, under the title Encyklopädie und Methodologie der philologischen Wissenschaften. The same types from 1866 were used for the republication of a second edition by R. Klussmann (ed.), while a partial translation was more recently carried out with La filologia come scienza storica: enciclopedia e metodologia delle scienze filologiche, A. Garzya (ed.), Napoli 1987. For an overview, cfr. V. Lau, Erzählen und Verstehen: historische Perspektiven der Hermeneutik, Würzburg 1999, § 4.2.2., pp. 395-399 and S. Caianiello, Scienza e tempo alle origini dello storicismo tedesco, Napoli 2005, pp. 238 and ss.

[22] News of the arrival of the successful textbook by A. von Hess – which in Italian was entitled Introduzione enciclopedico-metodologica allo studio politico-legale di A. de Hess (translated by G. Brambilla, Pavia 1820) – was disseminated by the Biblioteca italiana o sia Giornale di letteratura, scienza ed arti, XXI (1821), gennaio-marzo, p. 68, nt. 3. The work was meant for the universities and high schools of the German Hereditary Lands under the Austrian monarchy, and indeed it is of some importance for the subject at hand. It complied with the directives issued by Zeiller in 1808, as well as with the imperial education plan of 1810, and it reproduced the syllabus of the public course taught by Mr. Egger, Counselor of the Government and professor at Vienna. Cfr. S. Parini Vincenti, L’educazione del giurista: l’abbandono di un’arte per la conquista di una scienza, ovvero L’Introduzione enciclopedica alla Facoltà Politico Legale, in Formare il Giurista [nt. 9], pp. 365-401.

[23] The exact title of the course at the University of Pavia was Introduzione generale allo studio politico legale, diritto naturale e pubblico, diritto criminale (General introduction to political and legal studies, natural and public law, criminal law), whereas the textbooks that were being used – usually written by those who held the professorships of the courses themselves – separated the Introduzione enciclopedica allo studio politico-legale (Encyclopedic introduction to political and legal studies) from the other branches of study to be covered. For these other subjects, reference was made directly to the text by F. von Zeiller (Das Naturliche Privatrecht Vienna, 1808).

[24] S. Torre, L’«introduzione enciclopedica alle scienze giuridiche»: parabola di un insegnamento, in A. Mazzacane, C. Vano, (ed.), Università e professioni giuridiche in Europa nell’età liberale, Napoli 1994, pp. 151-192; P. Beneduce,L’ordine dell’esposizione. Introduzione alla giurisprudenza e regole dell’enciclopedismo in Italia nel secondo Ottocento, pp. 126-132 and F. Treggiari, Enciclopedia e ‘ricerca positiva’, both in Enciclopedia e sapere scientifico [nt. 15], pp. 119-161 and pp. 163-203.

[25] P. Cappellini, Systema iuris, Milano 1984, I, pp. 176 and ss.

[26] Introduzione enciclopedica allo studio del diritto, (hereafter referred to as Introduzione enciclopedica), Biblioteca A. May Bergamo, olim, Collection Beolchi, Romagnosi, Scritti varii, A, I, folders numbered 25 n. 6 and 25 n. 7, ora MMB 444, manuscript donated to the library by the Camozzi Vertova family in November 1899, with Romganosi’s lessons on civil law.

[27] Dating was determined by referring to the first Italian edition of Das Naturliche Privatrecht by Zeiller (Il diritto privato naturale, Milan 1818) as the earliest possible date (dies a quo), with the latest possible date (dies ad quem) being the end of Romagnosi’s public teaching career following the ban laid upon him in 1821 (F. Luzzatto, Gian Domenico Romagnosi. Il processo del 1821 [nt. 4]).

[28] See Luzzatto, Introduzione enciclopedica allo studio del diritto nel di G. D. Romagnosi [nt.3], pp. 190 and 216.

[29] Introduzione enciclopedica alla Studio del Diritto, sheet 7.

[30] «the law of nations, internal public law and civil law», Ibidem.

[31] «politics», which in turn is divided into diplomacy, internal public administration, fiscal policy and ecclesiastical law.

[32] Cited in Mannori, L’itinerario di un moderato. Libertà e pubblica opinione nel pensiero romagnosiano, [nt.7], p. 189.

[33] Introduzione enciclopedica alla Studio del Diritto, sheet 7.

[34] G. D. Romagnosi, Lettere a Giovanni Valeri sull’ordinamento della scienza della cosa pubblica, che servono da prolegomeni all’introduzione allo studio del diritto pubblico, in EDG, III, p. I, Oggetto proprio delle Genti e dei Governi tutti, Incivilimento, pp. 3-54, particularly p. 45.

[35] L. Lacchè, La nazione dei giuristi. Il canone eclettico, tra politica e cultura giuridica: spunti per una riflessione sull’esperienza italiana della Restaurazione, in Diritto, cultura giuridica e riforme nell’età di Maria Luigia, F. Micolo, G. Baggio, E. Fregoso (ed.), Parma 2011, pp. 263-307, particularly p. 284.

[36] «The exercise of a useful power in accordance with the rational and moral order» (G.D. Romagnosi, Assunto primo della scienza del diritto naturale, in EDG, III, parte I, pp. 553-686, particularly p. 604, XVII).

[37] The civilizing process is diachronic in nature, developing over generations and only within the realm of society. This is a clear reference to Introduzione allo studio del diritto pubblico universale (in EDG, III, p. I, pp. 57-491).

[38] Introduzione enciclopedica alla Studio del Diritto, sheets 7v and 8.

[39] Romagnosi discussed this theme in Perfezionamento politico-morale delle civili società. Articolo I, Osservazioni sui rapporti necessari di ordine del perfezionamento morale e politico delle nazioni in Id., Introduzione allo studio del diritto pubblico universale [nt.37], particularly §§ 427-429, pp. 475-480.

[40] Introduzione enciclopedica alla Studio del Diritto, sheet 8r.

[41] Assuming that the following is true: “It is the law that attributes certain fundamental rights to individuals, and it then establishes the rules for managing and safeguarding [said rights]» (Introduzione enciclopedica alla Studio del Diritto, sheet 8).

[42] Introduzione allo studio del diritto pubblico universale [nt.37], pp. 473-474, §§ 425-426.

[43] G.D. Romagnosi, Assunto primo della scienza del diritto naturale, [nt.36], particularly XVI, Della più vera e distinta nozione del Diritto naturale, pp. 600-601.

[44] Introduzione enciclopedica alla Studio del Diritto, sheet 7r.

[45] «With politics I mean the art of moving and directing the actions and interests of connected peoples […] as a mechanic distinguishes the straight line along which he wants a certain object to travel from an impulsive force, and from the way in which he controls that force. So the philosopher distinguishes the science of law from that of politics. The science of law perfectly resembles that straight line to travel; that of politics resembles the impulse to be applied» (Introduzione enciclopedica alla Studio del Diritto, sheet 7v).

[46] Introduzione enciclopedica alla Studio del Diritto, sheet 13r.

[47] His timeline divided the history of law into four fundamental periods, going from ancient China (551 B.C.) to the contemporary age (Introduzione enciclopedica alla Studio del Diritto, sheets 16 and ss.).

[48] Romagnosi went so far as to dedicate a paragraph to the need to “reconstruct the chain of history”: Della storia del diritti ed osservazioni critiche secondo lo Zeiller, Introduzione enciclopedica alla Studio del Diritto, sheet 17.

[49] As far as the encyclopedia as a discipline was concerned, the aporia that was its definition would remain unresolved in the years to follow, as it hovered somewhere between a merely ‘introductory’ subject and an actual science. Because of its proximity to subjects such as the history of law and philosophy, it was difficult to place within teaching programs. For more details see the works of Torre, Beneduce, Treggiari, and A. Fiori, Gli insegnamenti storico-giuridici alla Sapienza negli ultimi decenni del XIX secolo, in Historia et jus, 1(2013), paper 10. Full documentation of the life and work of Francesco Filomusi Guelfi in I. Birocchi, A. D’Angelis, Francesco Filomusi Guelfi enciclopedista convinto con considerazioni sull’inedita “Enciclopedia giuridica”, in M. Ascheri, G. Colli, P. Maffei (eds.), Manoscritti, editoria e biblioteche dal medioevo all’età contemporanea, Roma 2006, I, pp. 97-134 and I. Birocchi, F. Filomusi Guelfi, in Dizionario Biografico dei Giuristi Italiani, Bologna 2013, I, pp. 863-865.

[50] Progetto di Regolamento (Section II, art. 41), [nt.2] particularly p. 1198. For more details see also Introduzione enciclopedica, sheet 12.

Jurists (and) Senators in the Gonzaga Family’s Casale

Marzia Lucchesi

Università degli Studi di Pavia

mlchs@unipv.it

Abstract: This essay illustrates the varied relationship between the city of Casale and the University of Pavia as the main center for law studies of the Monferrato élites in the 14th and 15th centuries. As these scholars return to their homeland after studying in Pavia, the skills and the education obtained at the University allow them to aspire to the highest political and institutional positions of the State, as Senators and Presidents of the “Senatus Montisferrati”.
In so doing, the essay explores the dynamic relationship between the Senate of Casale and so peculiar a Jurisprudence, that it indeed deserves the definition of ” casalese”.

Keywords: Casale, Pavia, Monferrato, Senate, University

Table of contents: 1. A bird’s eye view of Casale2. Casale/Pavia3. The doctrine of law in Casale3.1. Love of the homeland3.2. The court and academic environment4. The Senate in Casale and the doctrine of law in Casale5. L’Accademia degli illustrati: i.e. the sun and the moon.

1. A bird’s eye view of Casale.

“You ask me to send you a description of my home town: here it is in a nutshell. Casale lies in a plain and is built in a circle with a diameter of a mile, cheek by jowl with the River Po. Its forehead is adorned with a thick crown of green hills where Ceres and Bacchus reside, one pouring down divine nectar from on high and the other spreading tasty delicacies at its feet. It is surrounded by highly secure walls, a beautiful castle, distinguished churches, pious monasteries, magnificent houses, a virtuous Academy and a just Senate”.

This was how Stefano Guazzo, a leading representative in the intellectual, academic, élite world of the court and Academy of 16th century Monferrato, described the scenario. It is the written description of his city, Casale, told in a letter[1].

So this is Casale, in a nutshell.

In this bird’s eye view of Casale which unfolds from on high and plays on our imagination, between the rooftops and monasteries and magnificent houses, we catch sight of a noble, mighty building, the “just Senate” of ancient memory.

The origin of the marchionalis senatus dates back to a curia feudalis which existed round about the end of the 13th century, made up of a limited assembly of noblemen and jurists who were in charge of assisting the Marquis of Monferrato carry out his advisory, administrative government activities and, even more importantly, his judicial activities[2].

We will not deal here with the wide range of expertise and functions for which the Senate in Casale was famed; this has already been explained in several important studies. What is being proposed here, however, is to illustrate briefly the environment from which the members of the “giustissimo senato” came and the judicial culture that must have supplied them. It must be noted that the senators in Casale were almost all noblemen from Monferrato and there was also a not insignificant number of Mantovan noblemen[3].

But, it was not enough to be a nobleman in order to be a senator.

The position of responsibility in the Senate required suitable professional qualifications based on a wealth of juridic knowledge. To start with, the senators had to be doctors in law. To this regard, suffice to glance briefly at the history of this supreme body of law to confirm that the Presidency of the Senate was, above all, “the privilege of Monferrat jurists “[4].

2. Casale/Pavia.

It is on this well-structured backdrop in the 16th century, that the relationship between Casale and the University of Pavia was defined and consolidated, Pavia being the place of study for almost all the élite of Monferrato. Other prestigious universities, like Bologna, as we shall see, beckon students from Monferrato. However, Pavia seems to command a clear lead in the preferences of the students from Casale[5].

Being the centre of juridic thought in Visconti-Sforzesco Lombardy, the University produces “doctores clarissimi” but also men who were “prepared legally for the workings of the institutions of central administration”.

“forge and…instrument for the education…of officiales dominorum”[6], for the whole of the 15th and 16th centuries Pavia acted as “a springboard for future careers”[7]. There were a large number of students from Casale starting with the young descendants in the Natta family, a noble lineage which was completely dedicated to the studies of law and their hometown, Monferrato. Giorgio Natta, son of Enrietto, graduated from Pavia and was an expert jurisconsult, also acting as trusted advisor to the Paleologi family[8].

“Under the auspices (…) of such father”, Giorgio Natta embarked on the career of jurisconsult in Pavia, which brought him to hold the chair in 1472 and teach successfully Sesto and Clementine courses along with illustrious colleagues the like of Stefano Costa and Matteo Corte. Apart from teaching in Pavia, Natta carried out the role of advisor to the Paleologi family, alongside Giovanni Grosso, another personality from Monferrato who studied and graduated from Pavia[9]. He also worked on a so-called international level as an ambassador for the Marquisses of Monferrato on delicate missions to Milan at the court of the Sforza’s and also to Rome with the pontiff Innocent VIII.

The Natta lineage boasts several senators. Almost every generation of this noble family made a contribution for the good of magnificus senatus casalensis. Senators in Casale were the great grandson of Giorgio, Girolamo and his son Vincenzo. The latter, “a self-assured genius, full of zeal at the service of the Prince”, rose to the position of President of the Senate in Monferrato in 1656[10].

Scrolling down the Natta family tree we come across the name of another jurist, Marco Antonio Natta, who studied in Pavia under the guidance of two “columnae iuris “: Giasone del Maino and Filippo Decio, who taught civil law[11]. Marco Antonio, a quick-witted jurist, as well as working as a teacher at the university also acted as a judge at the Ruota of Mantova and of Genova and was a senator in Casale[12]. Panziroli wrote of him that he “semper caelebs fuit”. Indeed, Marco Antonio never married nor did he have children so that it fell to the other branches of the family to be the breeding ground for the prestigious Senate in Casale or the one in Mantua[13].

Famous is the example of the fecond branch descending from Annibale Natta, which procreated prolifically, Carlo Natta is very much worth mentioning – he was the president in the Mantuan Senate as well as in Casale in 1657[14].

In the years in which Giorgio Natta taught the Sesto and the Clementine in Pavia, another young descendant from Monferrato handed in his notice gets licensed and graduated in Canon Law at the University of Pavia. We are talking about Benvenuto da San Giorgio count of Biandrate[15]. For him, studying in Pavia was an important stepping stone for a distinguished career as president of the Senate in Casale in 1500, ambassador for the marquis Bonifacio Paleologo and regent of Monferrato[16].

The choice of Pavia as alma mater by students from Monferrato is endorsed even further by the presence of yet another juristconsult, Giovanni Pietro Sordi, who graduated from there. Studying in Pavia also served as an important starting point for a distinguished cursus honorum, bringing him to have a career in law in Casale. Subsequently, he bacame a fiscal lawyer and finally he became a senator, first in Casale, then in Mantua returning again to Casale where he was elected president of the Senate in 1595[17].

In Pavia at the turn of the 16th and 17th centuries, even Annibale Roero, the famous author of Lo scolare, devoted himself to the study of law. The canonist Gioseffantonio Morano, the author of Catalogo degli scrittori di Casale in the 18th century included Roero among the senators in Casale; however, this historian’s information is somewhat vague[18].

As far as Rolando Dalla Valle is concerned, the relationship with Pavia would not seem to be unfounded. Rolando’s attendance at the University in the second decade of the 16th century is based on clues which are “weak but not completely without substance”[19]. Rolando obtained his degree, moreover, in Bologna. To be precise, Rolandus de Valle graduated in utroque iure on 22nd May 1528[20] and he attended the courses of Carlo Ruini, the renowned “master of mos italicus and of consilia methodology”[21].

The positions held by Rolando are all highly distinguished, thanks also to the precious service rendered as a trusted servant to the Paleologi and Gonzaga families. Suffice to recall the position of general curator of the Jews in Casale and Monferrato, councillor and senator in Casale and finally, the nomination to “praeses senatus Montisferrati” in 1567[22], the most prestigious office in the whole state permitting him to further improve his socio-economic position and to amass a considerable fortune[23].

For Francesco Beccio, another descendant of Casale’s nobility, the attendance in Pavia as a student of law is also only a hypothesis. Like Rolando Dalla Valle, he got his degree in Bologna on 13th April 1542[24]. A series of unfortunate circumstances linked to turbulent events in the 1560s conditioned considerably the fate of this jurist from Monferrato whose troubled human and professional experience seem to have taken place both in Casale, where the doctor was employed above all as a senator and also France, where Beccio proved to have great skill and was of great worth as ambassador to the Gonzaga family[25].

Niccolò Bellone was a student at Bologna, teacher in Pavia of ius civile and Istituzioni in the 1530s and was finally made senator, not in Casale but rather in Milan; he was the son of Francesco Bellone, a trusted councillor of the Paleologi marquisses who subsequently fell into disgrace and was condemned by the selfsame marquisses to be beheaded[26].

This brief summary about the biografical profiles of the most noteble jurists in Casale highlights the preference that Monferrato’s students showed for studying in Pavia University.

Moreover, it is important to highlight that even if the personal aspiration of the future doctor was not to be a senator, the degreein utroque iure from Pavia permitted those who boasted noble ancestry to hold those high positions of authority in the legal profession[27].

In connection with this, the documents in Casale provide a memory of juristconsults and lawyers like Francesco Pugiella and Giovanni Agostino Guazzo, the latter being a relative of Stefano[28].

The degree qualification from Pavia also offered other varied outlets: Bernardino Guazzo, for example, a distant ancestor of Stefano’s, used his degree from there to be the podestà of Pavia[29].

For the whole of the 16th century, Pavia remained a firm haven in the “composite educative system in Lombardy in the spanish age”. It was a system that had a great reputation in the adjacent Monferrato. Proof of this lies in the fact that a leading figure like Annibale Guasco, a man of letters from Casale, studied law in Pavia and then he returned in about 1580 with his whole family to give his children a better education[30].

3. The doctrine of law in Casale.

The store of notions learnt in Pavia contributed to the maturation over time of a solid doctrinal preparation. Some examples illustrate this.

Let us take the case of Giorgio Natta, whom we have already mentioned. In the short period of time he taught in Pavia, Natta stood out as the most prestigious canon lecturer in the faculty of law in Pavia. During his period of time teaching there, there was a curious incident. Prelini wrote about this, saying “accused of having made some deals with Parma to transfer the university there,” Natta was taken to court and subsequently acquitted. As a result he abandoned teaching, “disgusted” by the academic environment; he retired to Asti where he died round about 1495[31].

If the substance of this affair still needs to be ascertained, it is true that Natta was, as we have already said, the holder of the reading of Sesto and alle Clementine along with Stefano Costa and Matteo Corte. As a lecturer, Natta wrote some Repetitiones of Sesto and of Clementine printed in Pavia[32] and he actively took part in the promotion. There are numerous documents that attest to the presence of the doctor at degree cerimonies that took place in the University of Law. Worthy of mention is the presence at the final exams of Giasone del Maino.

On 5 May 1472 Giasone graduated in utroque iure. According to tradition in Pavia, the day before graduation, the candidate was presented before the vice-chancellor in iure canonico by some spectabiles et famoxissimi dottori, among whom was Giorgio Natta. As has been noted, “the presentation by one’s own professor was a tradition that dated back to the foundation of the university, and the students had continued to request this, as they considered, rightly so, that it was a demonstration of gratitude and affection that tied them to those to whom they owed allegiance for imparting to them their knowledge of the law”[33].

Two years later, in the August of 1474, Natta took part as a promotor in the degree of another renowned personage. It was the flemish student Paul de Baenst who, apart from being the chancellor of Pavia University, was also great friends with the german humanist Rudolf Agricola. This is not an irrelevant point as it gives us reason to believe that in Pavia, Natta’s lessons were followed with interest by Agricola’s humanistic circle[34]. In the pavese climate of opening to humanistic teachings, there is room for a passion for historic studies fostered by Benvenuto da San Giorgio who, as has already been mentioned, graduated in canon law in Pavia under the direction of Giorgio Natta.

“A man of toga rather than of state” Benvenuto San Giorgio was the author of the famous, erudite History of Monferrato[35].

As has already been noted, Marco Antonio Natta, Giorgio Natta’s grandson, taught civil law in Pavia. The juridic knowledge of this jurist from Casale reflects “that co-existence (….) that indistinct mixture” of the real nature of medieval jurisprudence and the one tied to the humanistic culture which marks the personality of Giasone del Maino, his teacher[36].

Indeed, Marco Antonio Natta’s preparation was primarily that of a jurist who had a sound knowledge in all fields of law, and whose production was perfectly in line with the phenomenon of “pragmatisation” that characterised the development of the science of law at the end of the 15th century[37].

The technical expertise of the doctor from Monferrato can be found in thick collections of consilia, more than 600 of which were printed in Venice, and in dense additiones in the consilia of Tartagna[38]. Cues linked to the humanistic tradition abound in a work by Natta of a philosophical nature published in Pavia in 1533, De pulcro, dedicated to the themes of beauty and love[39]. Marco Antonio Natta’s writings also reflect, however, the literary climate in Pavia in the central decades of the 16th century, which were characterised by the active presence of the citizens’ Academies. Regarding this, a concrete example is supplied by a collection of hymns and ceremonial compositions, printed under the heading of Orationes, providing a thick book of subject-matter that the Pavese academics enjoyed discussing[40].

Like Natta and other figures of the Monferrato élite, even Rolando Dalla Valle represented the pragmatism of the 16th century at the highest levels. This is confirmed in the 400 consilia in which Rolando shows he is able to “use his expertise and his ability for in-depth doctrinal examination concerning any aspect of the study of law”. The same mastery is shown in the two Treaties of which he is the author: the first is devoted to the subject of lucro dotale; the second to succession[41].

To a certain extent the biographical profile of Giovanni Pietro Sordi is similar to that of Rolando Dalla Valle. Like Rolando, Sordi was an “all-round” jurist, as well as being the president of the Senate in Casale. Sordi, however, had studied in and graduated from Pavia. His doctrinal teachings were of literary genre increasingly attended by 16th century jurists. Giovanni Pietro Sordi was, indeed, the author of a large collection of consilia. Moreover, Sordi was also the author of an original treatise on alimenti[42].

It is worth concluding these brief observations on the juridic culture in Pavia with a consideration about Stefano Guazzo.

In a letter sent at the end of the 16th century to a certain Lodovico Maccetto, a student of law in Pavia, Stefano Guazzo was perfectly aware of the modus studendi in Pavia. The young student is invited to devote himself to the “studies of law, from which he can expect an optimisation of glory”. But Guazzo underlined: “la esorto ad invaghirsi più del sentimento, che delle parole de’ chiosatori, acciochè con l’impressione delle loro barbare, ed istomacose voci, et locutioni, non si venga a distruggere nelle mente di Vostra Signoria la bellissima forma della romana favella”[43].

Guazzo’s advice slightly precedes a similar call by Annibale Roero in Lo scolare[44]. In this work – which is in part a “veritable text on etiquette” and in part an “instruction manual on how to get the best out of the University of Pavia – apart from explaining how the perfect university student should behave, Roero also identifies the books to be studied and the courses to be attended[45].

In this context, the advice is presented to students to study law with the assistance of history and the subjects included in the studia humanitatis and to concentrate on the sources, on the “pure texts” of Roman law, according to the methodology of the culta school, the memory of which the University of Pavia kept vividly alive[46].

If the University of Pavia guided the preferences of the Casalese students, hot on its heels was Bologna.

In Bologna, the teaching of Carlo Ruini was of prime importance in arousing a great deal of interest between the young students from Casale who rushed to hear him. The memory of Ruini as praeceptor and dominus crops up frequently in Rolando’s works as it does in that of Nicolò Bellone[47]. The methodology of consilia used by Ruini at the highest levels is learnt and developed by Bellone in abaut seventy consilia on civil law written during his continous travels between Italy and France in the cities where the doctor held the chair, i.e. Pavia, Valence, Piacenza and Dole[48]. The illustrious name of Carlo Ruini acts as a trait d’union between Casale and Bologna also for another casalese, shortly destined to hold the chair in civil law not in Pavia, but rather in Bologna and in Pisa: Giovanni Crotti. Tiraboschi tells that Crotti and Ruini were great rivals in Bologna, but Ruini always came off better[49].

Drawing on these observations it is therefore possible to say that the culture of the casalese jurists reflects the evolution of the doctrine of law of that time, but it is also important to clarify that the jurists from Casale were by no means passive interpreters in this culture.

Once it had returned home, juridic knowledge learnt in Pavia as in Bologna was examined again and expanded upon, metabolised so that it could be used on two fronts: the first restricted one of the small court in Monferrato; the second, of much broader scope, that coincided with the international limelight.

It is of the greatest importance to underline that operating on two fronts did not mean that the doctor was obliged to wear different hats for each role: the role of jurist consult, the trusted advisor, the wise ambassador, the diligent senator and the supreme “praeses senatus Montisferrati”. On the contrary the roles are the same.

Indeed, what strikes us most in the biographical profile of each casalese jurist is the capacity to reconcile different roles. Suffice to think, for example, of Rolando Dalla Valle, a complex figure whose many-sidedness was sealed by the ability to be at one and the same time jurist consult, trusted counsellor for a dynasty as well as president of the Senate in Monferrato[50]. The same can be said for the other doctores that have been mentioned.

Evidence, thus, shows that all the casalese jurists, (with the exception of Crotti who cut his ties with his hometown in order to build a career as a lecturer elsewhere), were present as doctores in two dimensions: able to act at the forefront of their small homeland as well as on the international stage.

In the light of all this, it would not seem unreasonable to talk about the line of thought of these jurists, about a science of law endowed with particular characteristics, capable of autonomous along the 16th century; it does not seem wrong to define it a casalese way of thinking’.

3.1. Love of the homeland.

This last observation needs to be examined more thoroughly, at this point on the basis of two ideas: the first regards the ‘biological’ aspect, or rather the extremely strong ties that existed between the casalese jurists and their land. The second is the court and academic environment in Casale.

Love for the homeland is a recurring theme in the conversations of the gentlemen from Monferrato.

In the dedication to Isabella di Gonzaga, the Marquise of Pescara, in the introduction of the collection of Letters from several gentlemen, Stefano Guazzo confesses that the idea of gathering together letters came to him out of a love for his land, a toubled love which was put to the test “by the continual long past wars” which “oppressed the beautiful lands of Monferrato”[51].

The aim of the scholar from Monferrato was to “glorify his homeland”. To this end it is not difficult to sense in the historical, geographical and cultural identity of Monferrato the thread that keeps all the gentlemen’s letters united, like pearls in a very long necklace. Another example is provided by the letters that Beccio wrote from Paris where he was living as ambassador to the Paleologi and Gonzaga families. These letters are today kept in the state archives in Mantua.

The years that involved Beccio in his delicate diplomatic mission were full of turmoil.

As it is well-known, Monferrato was at the centre of a bitter dispute between the Spanish and the French. Casale, which until the settlement of Federico Gonzaga was guarded by the Spanish, was occupied by French troops in 1554 who stayed there until 1559, the year in which the peace treaty of Cateau-Cambresis reassigned Monferrato, and this time definitively, to the Gonzaga family.

In the final years of the French occupation, Beccio does all he can to manage the Gonzaga family’s interests in France. “if things are prolonged”, he writes from Paris, “the wickedness of sad times, the vain promises that were made and the difficult negotiating of this court”. Despite this, Beccio has no doubt that “his Excellency’s affairs will have a positive result”[52].

In the spring of ’59 when the peace will restore Monferrato to the Gonzaga family is nigh, Beccio doesn’t hide his desire to return “to my home with my wife and children”, since, not having “married Franze (…) idon’t want your excellency to leave me there”.

The diligent diplomat proposed, “Should your Excellency find the grace to remove me from here (…) I would like to have a position as senator in my hometown”[53].

In June 1564 Guglielmo Gonzaga granted Beccio the long hoped-for leave permitting him to return to Italy, also because there was an epidemic of the plague in France. So, Becco, who meantime had become ill and had little money, wrote from Paris expressing the desire to be able to “live for a while in the air of his homeland”[54].

3.2. The court and academic environment.

In the middle of so much turmoil and in the roundabout of political and military alliances involving also the Monferrato family, in Casale there is no lack of desire to live well. On the contrary, the decades in the middle of the 16th century perhaps mark the height of an unrepeatable cultural season characterised above all by the experience of the academies[55].

In the circle of those who are part of the Accademia degli Illustrati founded by Stefano Guazzo, the best of the Monferrato patricians stood out. Of this élite there was a host of learned scholars, jurists – the same ones that studied in Pavia and who had acquired a taste for academia in Pavia – doctors of medicine, poets and civil servants.

As is well-known, the central, recurring theme between the fellow Illustrati was that of dialogue and reasoning, precisely the subject of Stefano Guazzo’s Civil conversazione[56]. The art of reasoning, applied to the topics relating to the court, led the Illustrati to examine in depth valid communicative techniques on a theoretical philosophical level, but even more useful in the daily relations of their social life.

Drawing together the threads of this argument, it is not difficult to recognise in the feelings of love for the homeland how in the cultural turmoil of the cities’ academies, the peculiar characteristics which in the course of the 16th century increasingly strengthened the face of that doctrine of law that we have just labelled ‘casalese’.

4. The Senate in Casale and the doctrine of law in Casale.

It is appropriate at this point to make some remarks about the relationship existing between this doctrine and the Senate in Casale. This also allows us to better understand the actual development of the doctores casalenses.

In connection with this, the first information we have regards the area around which legal science in Casale orbits is, indeed, the Senate. This is obvious if we consider that all the jurists mentioned – with the exception of Crotti – were senators. In Milan as well as Francesco Bellone, or in Mantova and in Casale or only in Casale.

The interweaving of the Senate in Casale and the science of law was, therefore, a vital circuit. It was a circuit in which the Senate acted as an engine and the science of law as a driving belt. It was as senator that the jurist from Casale was at his best as far as social excellence was concerned and above all as regards his career. Concerning this, it is useful to remember that the Senate in Casale was the “the Prince’s corpo mistico”[57].

It was, however, not money that primed the circuit between Senate and the science of law in Casale but rather that sentiment of love of homeland that ruled their reasoning. This sentiment was such that on the institutional level, every gentleman in Casale felt bound to devote himself to the double duty: to serve his sovereign faithfully and at the same time to serve his homeland.

This was, indeed, a difficult task, especially if we consider the dramatic events of the Sixties culminating in the casalese conspiracy heavily stifled by Guglielmo Gonzaga. And yet, it was a task that the jurists from Casale carried out tenaciously, fully exploiting the rich store of scientific knowledge learnt at school and showing off that art of reasoning that at the core of academic learning.

In the course of the turbulent events that mark the definitive consolidation of the Gonzaga’s hegemony, only a strenuous continuation of reasoning permitted the most complex of dialogues to continue and not break down. The value of the word and of truth reached by means of a comparison of opposing opinions were the tools used by Rolando Dalla Valle in his exceedingly difficult task of persuasion; he convinced his fellow citizens to submit and this raised Rolando to the highly prestigious position of “praeses senatus Montisferrati”.

Fulfilling his potential as expert consultant, Rolando provides Duke Guglielmo with “decisive arguments and they were above all, founded on legal principles with which to prove the total and absolute possession of jurisdiction of Casale and of Monferrato”. This stance did not prevent the jurisconsult to make well reasoned observations regarding the “effectively good motivations of the casalese”[58]. Ruling out that Rolando’s behaviour may be attributed outright to subjugation to power and wise management of the financial interests of the family, it is unlikely to assume that his strategy reflected that double task of serving his sovereign and serving his homeland. Therefore, ambition crowned by the outcome of presiding over the “Prince’s corpo mistico “, but also the attempt to keep open a dialogue between the Prince and the citizens as a prerequisite for future reconciliation, in order to safeguard “at least a part of the best inheritance left by the citizen’s culture at its end”[59].

These tendencies guided Francesco Beccio’s actions. He experienced the dramatic events that violently shook the little dukedom of Monferrato. Paris, where Beccio was working as ambassador to the Gonzaga family, was a privileged observatory, giving him the chance to intercept the plots against his lords.

For example, Lorenzo Silvano, “patrician of Casale and a graduate “d’ambe leggi” – a jurist of great worth, President of the senate in Casale, a professor of “ragion civile” in Padua and Ferrara, the author of a treatise on feuds quite apart from being on various consilia and repetitiones[60] – who, Beccio writes, in a letter to the Gonzagas, “along with other malicious individuals in that city as regards the French occupation” – Casale as has been noted was occupied by the French in 1554 – “taking the opportunity to go around saying what a great duty was owed to he who had taken the city out of the hands of his excellency (…) tyrannical hands” to place it “under the most harmless king that existed”[61].

The result of this disparaging campaign was that Casale was for the most part an enemy of the Gonzaga family.

In spring of ’59 when Monferrato was about to be definitively returned to the Dukes of Mantua, Beccio galvanised himself as a peacemaker informing those who had in the past schemed against the Gonzagas that their Excellencies ” had resolved to forgive all past offences and use clemence and benevolence”
[62]. Like Rolando, even Beccio worked to placate the souls in order to create a dialogue between the Gonzagas and the citizens.

Behind his putting a good word in for everyone, it is improbable that Beccio had ambitious career plans.Beccio “the luminous one”, this is the academic nickname that differentiated him from the other illustrious Casalese jurists, had already obtained what lied dearest to his heart: being a “senator in his home town”.

Behind this tireless work lay the sole desire to serve his sovereign and his homeland faithfully. It was a task that was to cost the unlucky Beccio a great deal, who, far from benefiting, would be betrayed in prison and tortured under the accusation of being a traitor[63].

5. L’Accademia degli Illustrati: or the sun and the moon.

In conclusion, let us take a look at the academic life of Casale.

Like all the academies even the Illustrati in Casale was represented by a rising sun chasing away the darkness of the night. It is not hard to recognise the “Academy” in the sun that rises, which, with its knowledge, overcame ignorance.

Having shone for ages in the skies of Monferrato, round about the end of the 16th century in the final years of Guglielmo Gonzaga’s rule, academic life in Casale began to show signs of fatigue. And it was then that strange portents appeared in the skies.

The sun slowed down its journey obscured by a darkness that it was unable to dissipate. A worried Guazzo turned to Duke Vincenzo, asking the Academy to “brighten up” immediately. The Duke’s intervention seemed effective. Indeed, the sun darted high into the sky again and this coincided, not by chance, with the release from prison of the “luminous” Beccio, who was then able to take up his academic pursuits again.

Between the end of the 16th century and the first decade of the 17th century, new fellows inspired the assemblies. Among them were in particular the two counts Carlo and Federico Natta, scholars and gentlemen along with Traiano Guiscardi, a jurist of noble birth from Casale who was put in charge of the great position of Gran Cancelliere of Monferrato[64].

The creator of this general climate of “brightening up” was, in all probability, Duke Vincenzo I.

Committed to pomp and generous in spending the Duke conceded considerable privileges to the Academy, enabling it to glorify the splendour of the Gonzaga Court until the death of the Duke in February 1612. Then everything changed. The curtain came down on the court just as it did on the golden age of the 16th century. The Duke’s squandering and delusions of grandeur concentrated in the building of the mighty citadel, pushed tiny Monferrato to the brink of financial collapse.

In 1594 Stefano Guazzo died and the following year so did Francesco Beccio.

“So that in a very short time the two great luminaries disappeared: after Guazzo, also Beccio: after the sun, the moon also went out of the Academy!” And with these lines the Accademici mourned their deaths[65].

________________________
[1] M. L. Doglio, Stefano Guazzo «segretario di lettere»:dalla raccolta Monferrato al proprio «libro d’autore», in Stefano Guazzo e Casale Cinque e Seicento, Atti del Convegno di studi nel quarto centenario della morte, Casale Monferrato, 22-23 October 1993, Rome 1997, pp. 287-308, pp.293-294

[2] C. Ricca, Notes on the matters of the Senate in Casale in particular during the Sabauda rule(1708-30), in «Rivista di storia arte archeologia per le province di Alessandria e Asti» (1986), pp. 21- 44; A. Lupano, Le Sénat de Casal, in Les Sénats de la Maison de Savoie (Ancien régime-Restauration) I Senati sabaudi fra antico regime e restaurazione, G. S. Pene Vidari (ed), Torino 2001, pp.133-150; E. Mongiano, «Una fortezza quasi inespugnabile». Notes on the institutes in Monferrato during the duchy of Vincenzo I Gonzaga, in «Rivista di storia arte archeologia per le province di Alessandria e Asti» (1992), pp. 107-128, pp.115-119; B. A. Raviola, Il Monferrato gonzaghesco Istituzioni ed élites di un microcosmo (1536-1708), Firenze 2003, pp. 151-158.

[3] Ricca, Note, (note 2), pp. 26, 30-31; Raviola, Il Monferrato, (note 2), pp. 156-158. This essay concerns the relationship between jurists from Casale and University of Pavia. Therefore, the Author has chosen not to include any bibliographical notes to the Senate of Casale but for those referred to the subject of the research.

[4] C. Rosso, Un microcosmo padano: note on Monferrato from the Guazzo era to the sabauda annexation, in Stefano Guazzo, (note 1) , pp.103-129, p.107 nt. 12.

[5] See. pp. 113-114; A. Lupano, E. Genta, Giovanni Pietro Sordi e il suo Consilium sull’eredità del Ducato di Veragua, in Atti del Congresso internazionale Colombiano “Cristoforo Colombo il Piemonte e la scoperta del Venezuela, Torino 27 March 1999-Cuccaro Monferrato 28 March 1999, Cuccaro 2001, pp. 161-170, pp. 162-163.

[6] G. P. Massetto, La cultura giuridica civilistica, in Storia di Pavia, III,Dal libero comune alla fine del principato indipendente 1024-1535, II, La battaglia di Pavia del 24 February 1525 nella storia, nella letteratura e nell’arte Università e cultura, Milano, 1990 pp. 475-531, p. 513.

[7] A. Sottili, Lauree pavesi nella seconda metà del ‘400, II (1476-1490), in Fonti e studi per la storia dell’Università di Pavia, 29, Milano 1998, p. XV.

[8] C. Tenivelli, Biografia piemontese, Torino,1785, pp. 67-68, 75; G. Morano,Catalogo degli illustri scrittori di Casale e di tutto il Monferrato, Bologna 1976, p. 71; E. Dezza, Natta, Giorgio, in Dizionario Biografico dei giuristi italiani (XII-XX secolo), II, Bologna 2013, p. 1413.

[9] M. Lucchesi, Ludus est crimen? Diritto, gioco, cultura umanistica nell’opera di Stefano Costa, canonista pavese del Quattrocento, in Fonti e studi per la storia dell’Università di Pavia, 43. Milano 2005, pp. 25, 204.

[10] Tenivelli, Biografia, (note 8), p.70; C. Dionisotti, Storia della magistratura piemontese, II, Torino 1881, p. 447.

[11] Prelini, Memorie e documenti per la storia dell’Università di Pavia e degli uomini più illustri che v’insegnarono, I, Serie cronologica dei professori dell’Università di Pavia dall’anno 1362 al 1752, Pavia 1877-78 (rist. anast. Bologna 1970), p.73.

[12] Tenivelli, Biografia, (note 8), p. 78; G. Tiraboschi, Storia della letteratura italiana, VI, p.II, Milano 1824, pp. 1091-1092; Morano, Catalogo, (note 8), pp. 72-74.

[13] G. Panciroli, De claris legum interpretibus, Venetiis 1637, pp. 291-292.

[14] Dionisotti, Storia, (note 10), p. 448.

[15] A. Sottili, Lauree pavesi nella seconda metà del ‘400, I (1450-1475), in Fonti e studi per la storia dell’Università di Pavia, 25, Milano 1995 pp. 32-277, 278.

[16] Tiraboschi, Storia, (note 12), p.1122; Dionisotti, Storia, cit., p. 443; Morano, Catalogo, (note 8), p. 89.

[17] Lupano, Genta, Giovanni Pietro Sordi, (note 5), pp. 161-170; G.P. Massetto, Sordi, Giovanni Pietro in Dizionario biografico dei giuristi italiani (XII-XX secolo), II, Bologna 2013, pp.1893-1895.

[18] Morano, Catalogo, (note 8), p. 88.

[19] E. Dezza, Un giurista per la società delle piccole corti, in «Archivio storico e giuridico sardo di Sassari», n.s. 2 (1995), pp. 41-66; Id., Rolando Dalla Valle (1500 c.-1575) Politica, diritto, strategie familiari nell’esperienza di un giurista casalese del Cinquecento, in «Monferrato- Arte e storia», 9 (1997), pp. 23-43, p. 27; Id., Rolando Dalla Valle e il primato della famiglia politica,attività professionale e strategie matrimoniali nell’esperienza di un giurista del Cinquecento in Seminario di Studi italo-francese, Il matrimonio nei giuristi e nei poeti del Rinascimento / Le mariage chez les juristes e les poètes de la Renaissance, Università degli Studi di Verona, Facoltà di Giurisprudenza 14-15 marzo 2008 ( in corso di stampa).

[20] M. T. Guerrini, Qui voluerit in iure promoveri… I dottori in diritto nello Studio di Bologna (1501-1796), Bologna 2005, pp.149, 477.

[21] Dezza, Rolando Dalla Valle, (note 19), p. 28; E. Dezza, Dalla Valle, Rolando (Rolandus a Valle) in Dizionario biografico dei giuristi italiani ( XII-XX secolo), I, Bologna 2013, pp. 658-659.

[22] Dionisotti, Storia, (note 10), p.444; Dezza, Un giurista, (note 19), p. 47; Id., Rolando Dalla Valle, (note 19), pp.36-37.

[23] Raviola, Il Monferrato, (note 2), pp.155-157.

[24] Guerrini, Qui voluerit, (note 20), p. 173, 931.

[25] Fernanda Torcellan Ginolino, Beccio (Becci) Francesco, in Dizionario Biografico degli Italiani, VII, Roma 1965, pp. 497-498; inoltre Morano, Catalogo, (note 8), p.15; A. Lupano, Beccio, Francesco, in Dizionario biografico dei giuristi italiani (XII-XX secolo), I, Bologna 2013, pp. 204-205.

[26] Morano, Catalogo, (note 8), p.16; Prelini, Memorie, (note 11), p.75; M. G. Di Renzo Villata, Belloni (Bellone), Niccolò in Dizionario biografico dei giuristi italiani ( XII- XX secolo), I, Bologna 2013, pp. 210-212.

[27] M. C. Zorzoli, Alcune considerazioni sui collegi dei giuristi nella Lombardia d’antico regime, in «Annali di storia moderna e contemporanea», 7 (2001), pp. 449-475.

[28] Rosso, Un microcosmo, (note 4), pp. 113, 119 note 53, 399.

[29] Ivi, p.117.

[30] B. Ferrero, Il ragionamento di Annibale Guasco. Una lettera d’institutio all’ombra della Civil conversazione, in Stefano Guazzo, (note 1), pp. 357-374, p. 358.

[31] Prelini, Memorie, (note 11), p. 58; L. Musselli, La cultura giuridica:il diritto canonico, in Storia di Pavia, III, 2, (note 6), p. 538.

[32] A. G. Cavagna, Libri e tipografi a Pavia nel Cinquecento. Note per la storia dell’Università e della cultura, in Fonti e studi per la storia dell’Università di Pavia, 3, Milano 1981, pp. 11-112, 237; Musselli, La cultura, (note 31), p. 538; E. Grignani, Edizioni pavesi del secolo XV in The incunabula short title Catalogue (ISTC), in «Bollettino della Società pavese di storia patria», 53 (2001), p. 198.

[33] M. Mariani, La laurea in leggi di Giasone del Maino, in «Bollettino della Società pavese di storia patria», 3 (1903), pp. 238 e 241.

[34] Lucchesi, Ludus, (note 9), pp. 33-47.

[35] Historia montisferrati … auctore Benevenuto de Sancto Georgio in Monumenta historiae patriae, Scriptores, III, Augustae Taurinorum 1848; Tiraboschi, Storia, (note 12), pp. 1122-1123; Morano, Catalogo, (note 8), pp. 89-90.

[36] Massetto, La cultura, (note 6), p. 522.

[37] A. Cavanna, Storia del diritto moderno in Europa. Le fonti e il pensiero giuridico, 1, Milano 1982, pp.146-171.

[38] G. Sapori, Antichi testi giuridici (secoli XV-XVIII) dell’Istituto di Storia del diritto italiano, Milano 1957, p. 423 – 2075-2076; p. 601 – 2930-2931.

[39] Cavagna, Libri, (note 32), p. 67.

[40] Cavagna, Libri, (note 32), pp. 127-134; Morano, Catalogo, (note 8), pp. 72-74.

[41] Dezza, Un giurista, (note 19), pp.50-66; Id., Rolando Dalla Valle, (note 19), pp. 37-42.

[42] Lupano, Genta, Giovanni Pietro Sordi, (note 5), pp. 165-166.

[43] Lettere del signor Stefano Guazzo, gentilhuomo di Casale di Monferrato…, Venice 1590, pp. 120-121.

[44] G. Vismara, Vita di studenti e studio del diritto nell’Università di Pavia alla fine del Cinquecento, in Scritti di storia giuridica, 3, Istituzioni lombarde Milano 1987, pp. 145-215

[45] M. C. Zorzoli, Università, dottori giureconsulti. L’organizzazione della “Facoltà legale” di Pavia nell’età spagnola, Padua 1986, pp. 115-136.

[46] Massetto, La cultura, (note 6), pp. 526-527.

[47] Dezza, Rolando Dalla Valle, (note 19), p. 28; Id., Dalla Valle, Rolando, (nota 21), p. 659; M. Cavina, Ruini, Carlo in Dizionario biografico dei giuristi italiani ( XII- XX secolo), II, Bologna 2013, pp.1758-1759.

[48] Tiraboschi, Storia, (note 12), p.1076; Morano, Catalogo, (note 8), p.16; Prelini, Memorie, (note 11), p. 75.

[49] Tiraboschi, Storia, (note 12), p.1045.

[50] Dezza, Rolando Dalla Valle, (note 19), p. 42.

[51] Doglio, Stefano Guazzo, (note 1), p. 288.

[52] Archivio di Stato di Mantova ( from now on ASM), Fondo Gonzaga, E-XV-3, lettera 19.1.1559.

[53] ASM, letters 4. 5. 1559 e 18. 5. 1559.

[54] ASM, letter 1. 6. 1564.

[55] Rosso, Un microcosmo, (note 4), pp. 112-113.

[56] G. Patrizi, I «Dialoghi piacevoli» di Stefano Guazzo in Stefano Guazzo, (note 1), pp. 273-284, p.275.

[57] Ricca, Note, (note 2), p. 30 .

[58] Dezza, Rolando Dalla Valle, (note 19), p.35; Raviola, Il Monferrato, (note2), p. 67.

[59] Rosso, Un microcosmo, (note 4), p. 122.

[60] F. Borsetti Ferranti Bolani, Historia almi Ferrariae gymnasii, Ferrariae 1735, p.160; J. Facciolati, Fasti gymnasii patavini, Padova 1757, p.166; Morano, Catalogo, (note 8), p.93; Dionisotti, Storia, (note 10), p. 444; E. Dezza, Lorenzo Silvano : materiali per la scheda biobibliografica di un giurista del XVI secolo ( in corso di stampa per gli Studi per Mario Ascheri).

[61] ASM, letter 24 04 1559.

[62] ASM, letter 29.04.1559.

[63] Lupano, Genta, Giovanni Pietro Sordi, (note5), p. 163; Id., Beccio, Francesco (nota 25), p. 205.

[64] Raviola, Il Monferrato, (note2), p. 162.

[65] F. Valerani, Le accademie di Casale nei secoli XVI e XVII, in «Rivista di storia, arte e archeologia della provincia di Alessandria», 17 (1908), pp. 343- 382; 519-565, p. 542.