Le notariat en droit ecclésiastique étude historique et juridique

The office of ecclesiastical notary has undergone several changes throughout history. The Roman notarius, a legal professional, could be a tabularius, a tabellio or an exceptor. The Church retained these professions but assembled them collectively under the title of notarius. The A. gives an interesting and sometimes humouristic account of the history surrounding the office of notary. Initially the A. looks firstly at the pontifical chancery notaries, the protonotaries apostolic, who, under Leo X, were scriptores papae. With the advent of the newly formed dicasteries in the XVI th century, the notaries lost considerable responsibility, but gained in prestige and privileges. With the 1917 Code, the title of protonotary became mostly honorary. The title of honorary protonotary had been assigned in the XV th century to members of the nobility. Following widespread abuses, it was reserved to clerics and today it is conferred to certain canons and prelates. The A. then describes the responsibilities of diocesan chancery notaries. Their original responsibility was limited to reading and writing letters and reports. In the 1917Code, they acquired the fides pmblica - their signature authenticated acts of the curia, Then the offices of judicial notaries are explained, both in the tribunals and the Roman ecclesiastical courts. Finally, the office of notary public is explained. The notary apostolic in the XVI th century kingdom of France was governed by the state and eventually the notary public became the only category of notaries in France. The history of the notary apostolic in the Papal States is also examined. Finally, the interaction that ecclesiastical notaries have had with civil law is briefly explored.

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