A History of the Notary – Medieval Europe

At the notary (Photo credit: Wikipedia)

When the Western Roman Empire collapsed, what was the fate of the notary, a person closely identified with the administration of the empire? Brooke’s Notary says the notary “remained a figure of some importance in many parts of continental Europe throughout the Dark Ages.” Crucially, it appears after all the pillaging was done, even barbarians settle down to governing and the successors to the Romans, while having their own laws and customs, found it convenient to adopt some of Rome’s institutions. Thus, Roman civil law spread to northern Europe during the Middle Ages, and with its expansion, the notary retained a tenuous hold on life.

But if the notary survived, he did not flourish for almost nothing is heard of the notary in the two hundred or so years after the fall of Rome. It is only during the reign of Charlemagne, in the late 8^th century and the early 9^th century that we find an increase in the appointment of notaries. Charlemagne appointed judges who held assizes a few times a year. In 803, these judicial officers were empowered to appoint notaries to accompany them on their official travels.

Yet another few hundred years later, from the 12^th century, as the civil law grew in importance in the city-states of Italy, the notary became central to the administration of the law. Notaries were appointed by the Pope or the Holy Roman Emperor (or by their delegates, usually clergy). These appointments were recognized throughout Europe.

Bologna, whose university was founded in 1088, was a centre of learning and Brooke’s Notary points out: “The office of notary reached its apogee in the Italian city of Bologna in the twelfth century, its most distinguished scion being Rolandino Passeggeri generally known as Rolandino of Bologna, who died in 1300 AD, whose masterwork was the Summa Artis Notariae.”

Justinian had in 535 compiled the Corpus Juris Civilis which included the first laws concerning notaries. In Bologna, some six hundred years later, these laws were codified and adapted, and included in this codification was the manner in which notarial acts were to be performed.

Notaries have played a minor role in some historical events. For example, when Philip of France was threatened by the increasing influence and wealth of the Knights Templar, he had them arrested and tortured. Notaries recorded their forced confessions, and on Friday, 13 October 1307, Philip used these confessions to banish or execute the Templars. Ironically, the notaries were themselves members of the same Order. Coincidentally, the superstitions relating to Friday the 13^th originate from this affair. Christopher Columbus is said to have taken a notary with him on his voyage to the New World in the late 15^th century so that his discoveries could be formally recorded.

Since the civil law can be traced back to Roman times, the notary’s role remains an important and wide-ranging in civil law countries. Not so in common law countries where the notary’s commission is much more limited. The different route taken by notaries in common law jurisdictions, especially in England, will be discussed in the next article.