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Brokers of Public Trust Nussdorfer, Laurie Brokers of Public Trust Nussdorfer, Laurie Published by Johns Hopkins University Press Nussdorfer, Laurie. Brokers of Public Trust: Notaries in Early Modern Rome. Johns Hopkins University Press, 2009. Project MUSE. doi:10.1353/book.3340. https://muse.jhu.edu/. For additional information about this book https://muse.jhu.edu/book/3340 [ Access provided at 27 Sep 2021 07:13 GMT with no institutional affiliation ] This work is licensed under a Creative Commons Attribution 4.0 International License. Brokers of Public Trust This page intentionally left blank Brokers of Public Trust .................................................. Notaries in Early Modern Rome LAURIE NUSSDORFER The Johns Hopkins University Press Baltimore This publication was supported in part by a grant from The Colonel Return Jonathan Meigs First (1740–1823) Fund, which was created with the funds left by Dorothy Mix Meigs and Fielding Pope Meigs, Jr., of Rosemont, Pennsylvania, in memory of that soldier of the revolution, whose home was in Middletown, Connecticut, from 1740 to 1787. ∫ 2009 The Johns Hopkins University Press All rights reserved. Published 2009 Printed in the United States of America on acid-free paper 246897531 The Johns Hopkins University Press 2715 North Charles Street Baltimore, Maryland 21218-4363 www.press.jhu.edu Library of Congress Cataloging-in-Publication Data Nussdorfer, Laurie. Brokers of trust : notaries in early modern Rome / Laurie Nussdorfer. p. cm. Includes bibliographical references and index. isbn-13: 978-0-8018-9204-2 (hardcover : alk. paper) isbn-10: 0-8018-9204-X (hardcover : alk. paper) 1. Notaries—Italy—Rome—History—1420–1798. 2. Recording and registration—Italy—Rome—History—1420–1798. 3. Legal documents— Italy—Rome—History—1420–1798. I. Title. kkh9857.36.n87 2009 347.45%632016—dc22 2008050545 A catalog record for this book is available from the British Library. Special discounts are available for bulk purchases of this book. For more information, please contact Special Sales at 410-516-6936 or [email protected]. The Johns Hopkins University Press uses environmentally friendly book materials, including recycled text paper that is composed of at least 30 percent post-consumer waste, whenever possible. All of our book papers are acid-free, and our jackets and covers are printed on paper with recycled content. To Natalie Zemon Davis dolcissima maestra This page intentionally left blank contents Acknowledgments ix Monetary Units xi Introduction 1 chapter 1 The Jurists: Writing Public Words 9 chapter 2 The Profession: Defining Urban Identities 32 chapter 3 The Laws: Shaping Notarial Pages 74 chapter 4 The Archives: Creating Documentary Spaces 112 chapter 5 The O≈ce: Building Scribal Lives 147 chapter 6 The State: Policing Notarial Practices 198 Conclusion 226 Appendixes A. Study Sample of the Thirty Capitoline Notaries in 1630 231 B. The Proposals of the Capitoline Notaries 235 C. The Creation of a Notary 237 Notes 239 Glossary 315 Bibliography 319 Index 343 This page intentionally left blank acknowledgments It seemed like a simple question, ‘‘Why did people go to notaries?’’ Answering it has taken me on a journey with countless twists and turns, and whatever answers I can now give to the question are owed to the aid of many scholars and friends in the United States and Italy. It is a pleasure to be able to thank them at last. I want also to express my appreciation for the support of the American Philosophical Society, the National Endowment for the Humanities Summer Seminar, and Wesleyan Univer- sity for four project grants. I am indebted to the rare-book librarians of the Lillian Goldman Library at Yale Law School, Harvey Hull and Mike Widener, who sup- plied a most pleasant work setting, as well as the sta√s of the rare-book collections at the law libraries of Harvard University, the Library of Congress, and the University of Pennsylvania. Although I did not know it at the time, this book had its inception twenty years ago in a pertinent conference comment from John Martin and a brilliant Wesleyan undergraduate history thesis by Daniel Rosenberg. It began its winding course at an NEH Summer Seminar at the Newberry Library directed by Armando Petrucci and Franca Nardella in 1993. Among those who have given me invaluable assistance at numerous points along the way I would especially like to acknowledge the e√orts of John Pinto, Irene Fosi, Orsola Gori, and Nicholas Adams. I am grateful to Thomas Kuehn and Simona Feci for answering questions over many years and also for having kindly read drafts of chapter 1. In the course of my research I have benefited from the expertise of many scholars and friends, and I would like to thank them all, especially Renata Ago, James Amelang, Stefano Andretta, Daniel Brownstein, Eleonora Cane- pari, Elizabeth S. and Thomas V. Cohen, Sherrill Cohen, Lucilla Cola, Michele Di Sivo, Bruce W. Frier, Anthony Grafton, Julie Hardwick, Isa Lori Sanfilippo, John Marino, Donna Merwick, James O’Hara, Mary Quinlan, Virginia Reinburg, Ken- neth Stow, Maria Antonietta Visceglia, and Patricia Waddy. I would also like to express my gratitude to those whose interest encouraged the project, Paul Gehl, x Acknowledgments Peter Lukehart, Corinne Ra√erty, Nancy Remley Whiteley, and Ann Wightman. Without the friends in Italy who o√ered hospitality and encouragement on so many occasions I probably could not have arrived at the end of this journey. Grazie di cuore to Renata Ago, Patrizia Cavazzini, Bruna Colarossi and Peter Horsman, Marina D’Amelia, Irene Fosi, Joan Geller, Orsola Gori and Renato Pasta, Angela Groppi, Fabrizia Gurreri, and Maria Antonietta Visceglia. I warmly thank Henry Tom of the Johns Hopkins University Press for his support and Suzanne Flinchbaugh, Brian MacDonald, Suzy Taraba, and John Wareham for their assistance. The men I consider my Italian maestri, the late Marino Berengo, Giovanni Levi, and Armando Petrucci, perhaps did not realize the impact their attention to notaries would have on a distant American historian, but from them I learned to regard this unfamiliar profession with curiosity, awe, and respect. Their work has been an important part of my mental conversation as I wrote. This book is dedicated to Natalie Zemon Davis who first urged me to look at the Roman notarial records and first introduced me to many of my Roman friends. No one who has been lucky enough to know her has been untouched by the acuity, imagination, and sympathy of this remarkable historian, teacher, and human being. Her generosity of insight and instinct, her adventurous example, and her moral sensitivity have been an unfailing source of admiration and inspiration. I thank her for everything that she has given me. Finally, I owe a special debt to Nicholas Adams, vir mirabilis et dilectus, for his humor, love, and loyalty to the Roman notaries. monetary units baiocco base metal coin of varying value; in accounts worth one-tenth of a giulio bolognino another term for baiocco carlino silver coin replaced by the giulio in 1504 ducato d’oro della Camera a money of account worth ten giulii; gradually replaced by the scudo d’oro during the sixteenth century giulio equivalent to ten baiocchi; valued at 2.9 grams of silver grosso one-half of a giulio quattrino by the mid-seventeenth-century a coin worth about one-fifth of a baiocco scudo coin worth ten giulii scudo d’oro a money of account valued in gold, not a coin like the scudo testone coin worth three giulii This page intentionally left blank Brokers of Public Trust This page intentionally left blank Introduction Writing has a history. We know that story: how the ancient Mesopotamians etched marks on clay tablets, the Egyptians drew figures on walls, the Phoenicians invented a phonetic system of signs, and the Greeks added vowels. We know how the Latin alphabet originated, how its various scripts developed and were copied first in lead as movable type and then in electrical charges fired within our computers. We know, too, the story of the material vehicles that carried writing: the history of texts from those cuneiform tax records of Mesopotamia to the electronic correspondence of the early third millennium. And we know something about writers, especially those who had the good fortune to work after the birth of the author. While literary figures may loom largest in our history of writers, more humble users of quills and pencils have also found a place, as historians have sought evidence about the literacy and educa- tion of past societies. Writing’s history has been a tale of technique and of expression —indeed, a triumphant tale recounting how technology progressed and the power of expression spread ever more widely.∞ This book contributes to the well-known story of writing and writers a type of text, the legal document, and its maker, the notary, which the tale has not yet been able to accommodate. Notaries originated in medieval Europe in those Mediterranean societies pecu- liarly situated at the intersection of quickened urban commerce and rediscovered Roman law.≤ Their role in certifying contracts made them useful to Italian mer- chants, and fledgling communes in Italy borrowed them to make their unprece- dented acts seem legitimate. But notaries were thought necessary to such trans- actions only because of the new forms of public authority and the new appreciation of written evidence elaborated in the medieval law faculties. So the notaries’ historic trajectory was tied not just to the development of a commercial economy but to the fortunes of a specific legal tradition. In Anglo-American law, the notary was, and is, an insignificant functionary.≥ Notaries are still important today in countries where 2 Brokers of Public Trust the influence of Roman or civil law has been strong: Scotland, France, Spain, Belgium, the Netherlands, and many parts of Latin America.
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