Milan Senate

The Senate of Milan, formally known as the Most Excellent Senate of Milan, was a central judicial and constitutional institution of the Duchy of Milan. Established by Louis XII of France through the Ordinance of Vigevano on 11 November 1499, it was modeled in part on the French parlements and replaced the earlier Privy Council and Council of Justice. Although created during French rule, the Senate survived subsequent changes in dynasty and became one of the principal institutional continuities of Milanese government under French, Spanish and Austrian authority. The Senate combined functions that would later be divided among separate branches of government. It served as the supreme court of the duchy in civil and criminal matters, reviewed important cases from lower courts, and exercised exclusive jurisdiction over particularly significant disputes. Its authority extended to matters including land boundaries, family and inheritance law, guardianship, private obligations, feudal law and crimes carrying the death penalty. It could also take over cases normally assigned to other courts and issue written instructions, known as rescripta, directing subordinate judges on how particular matters should be resolved. Its constitutional importance came from its power to ratify or reject laws and orders issued by the duke or by a governor acting in the sovereign's name. The Senate could refuse to confirm measures that conflicted with the laws and established legal traditions of the Duchy of Milan. This power gave the institution a limited form of constitutional self-government even when Milan was governed by foreign dynasties. Its decisions were treated as final and irrevocable, and lower courts were expected to follow them as binding precedents. Collections of its rulings, or decisiones, therefore became important sources for the development of substantive law in Lombardy. Senators were appointed for life. The original body contained seventeen members: twelve Milanese citizens and five Frenchmen selected by Louis XII. Its membership included prelates, military officers and legal scholars. By 1535, the Senate had expanded to twenty-seven members, including knights, prelates and jurists. During the seventeenth century, its membership was reduced to fifteen, including three Spanish members. Over time, jurists from the Milanese nobility became dominant, and a seat on the Senate, particularly its presidency, represented the summit of a legal career. Giulio Claro was among its best-known members and was one of the most prominent Italian jurists of the Renaissance. The Spanish administration substantially expanded the Senate's authority after taking control of the duchy in 1535. Its president and other members contributed to the drafting of the 1541 constitutions of Milan promulgated under Charles V. Beyond judicial work, the Senate supervised the University of Pavia, which trained many of the jurists who served the duchy; exercised censorship over books; and participated in public-health administration through the Magistracy of Health, whose president was selected from among the senators. The institution's proceedings were highly secretive. The full college met in the Sala dell'Udienza on the piano nobile of the Palazzo Regio-Ducale, now the Royal Palace of Milan, but only the most sensitive or controversial matters were considered by the entire body. The Senate's lack of stated reasons for its decisions, its ability to depart from established practice, and its resistance to administrative reform eventually made it a symbol of the perceived arbitrariness of the ancien régime. Maria Theresa's reformers attempted to reduce the Senate's independence and govern through administrative cooperation, but the institution resisted. It was stripped of its administrative powers in 1771 and definitively abolished by Joseph II's edict of 11 February 1786. Its disappearance formed part of a wider modernization of the legal and administrative system of the Duchy of Milan. The Senate left an enduring legacy through its case law, constitutional role and influence on the development of Lombard legal doctrine.

Before the Senate was established, Milan's principal civic body was the General Council, which had replaced an earlier medieval senate associated with the bishop and the city's neighbourhoods. Summoned by the podestà, the General Council combined political and judicial responsibilities. After Francesco Sforza entered Milan in 1450 following the conflict with the Golden Ambrosian Republic, however, the council's role was sharply reduced and it was generally convened only to approve taxation. Francesco Sforza relied on several other bodies to govern the duchy. A twelve-member advisory body, the Tribunale di Provvisione, was supported by three judges responsible for particular aspects of public administration. The duke also created or developed a Privy Council, or Consilium secretum, which functioned as the duchy's supreme court and could stand in for the duke during his absence, and a Council of Justice, or Consilium iustitiae, which handled technical legal matters. Members of these councils were appointed by the duke and usually came from prominent families. Louis XII's conquest of Milan led to a reorganization of this system. His Ordinance of Vigevano, issued on 11 November 1499, created the Senate of Milan. The new body drew inspiration from the French parlementary model and replaced the Privy Council and Council of Justice. Its initial composition reflected the political circumstances of the French takeover: twelve Milanese members were joined by five French appointees. The ordinance also specified a mixed professional composition, requiring the presence of prelates and military officers alongside legal scholars. The Senate developed into a permanent institution rather than a temporary instrument of French rule. After Spain assumed control of the Duchy of Milan in 1535, the Spanish authorities expanded its powers. The Senate's president and several leading members helped prepare the duchy's new constitutions of 1541 under Charles V. Through its authority to confirm or oppose measures issued by the sovereign or his representative, the Senate preserved a degree of legal continuity across successive ruling houses. Its judicial jurisdiction was broad. It acted as the highest court for civil and criminal cases, heard important disputes in the first instance, reviewed decisions from higher courts, and served as the final court of appeal for matters originating in lower tribunals. Its subject-matter jurisdiction included property boundaries, inheritance, family relationships, guardianship, obligations, feudal rights and capital crimes. It could assume cases from other courts or issue rescripta that instructed them on the handling of individual disputes. The Senate's decisions, called decisiones, were considered final and could not ordinarily be appealed. Lower courts were expected to respect them as precedents, and published collections of the decisions helped transmit the Senate's interpretation of Milanese law. The institution could sometimes set aside a law or depart from a settled line of practice. Because its rulings generally did not explain their reasoning and its deliberations were secret, the Senate's jurisprudence was both authoritative and difficult to scrutinize. Senators held office for life. The membership changed over time: it reached twenty-seven members by 1535, including nine knights, five prelates and thirteen jurists, before being reduced to fifteen in the seventeenth century, three of whom were Spanish. Legal experts from the Milanese nobility eventually dominated the body. Giulio Claro, a celebrated Renaissance jurist and senator, became one of the institution's most notable associated figures. The Senate's responsibilities also extended beyond adjudication. It directed the University of Pavia, an important center for the education of jurists; supervised book censorship; and exercised responsibilities connected with public health through the Magistracy of Health. The full college met in the Sala dell'Udienza in the Palazzo Regio-Ducale, although routine and less sensitive matters could be handled without the participation of every senator. During the eighteenth century, the Senate increasingly appeared incompatible with enlightened administrative reform. Its secrecy, procedural discretion and willingness to resist the initiatives of Maria Theresa's government made it a prominent target of criticism. Administrative powers were removed in 1771. Joseph II subsequently abolished the institution through an edict dated 11 February 1786. The abolition was part of a broader restructuring of Milanese courts and administration, ending the Senate's nearly three-century role in the legal and constitutional life of Lombardy.

• 1786

  Abolition by Joseph II

  [1]Senate of Milanen.wikipedia.org

  Joseph II abolished the Senate by an edict dated 11 February 1786 as part of a comprehensive modernization of the duchy's judicial system.

• 1771

  Administrative powers removed

  [1]Senate of Milanen.wikipedia.org

  The Senate was stripped of its administrative functions during the reform program associated with Maria Theresa's government.

• 1541

  Participation in the Milanese constitutions

  [1]Senate of Milanen.wikipedia.org

  The president and prominent members of the Senate participated in drafting the new constitutions of the Duchy of Milan under Charles V.

• 1535

  Expansion under Spanish rule

  [1]Senate of Milanen.wikipedia.org

  Following the Spanish takeover of the Duchy of Milan, the Senate's membership and institutional powers were expanded. Its membership reached twenty-seven senators.

• 1499

  Senate established by the Ordinance of Vigevano

  [1]Senate of Milanen.wikipedia.org

  Louis XII established the Senate of Milan on 11 November 1499, replacing the Privy Council and Council of Justice and giving the duchy a high institution modeled partly on the French parlements.

• 1450

  Sforza accession and reduction of the General Council

  [1]Senate of Milanen.wikipedia.org

  After Francesco Sforza entered Milan, the General Council lost most of its former political and judicial authority and was principally retained for approving taxes.

A high court and constitutional governing institution of the ancien régime, combining judicial authority with the power to review and ratify sovereign legislation.

1. 1Senate of Milanen.wikipedia.org
2. 2Senato di Milano (1771–1786)cultura.gov.it