Page:Catholic Encyclopedia, volume 11.djvu/151

 NOTARY

123

NOTHOMB

continued. The ordinary notaries of the chancery, however, were gradually known by other names, ac- cording to their various functions, so that the term ceased to be employed in the pontifical and other chanceries. The prothonotaries were and still are a college of prelates, enjoying numerous privileges; they are known as "participants", but outside of Rome there are many purely honorary prothono- taries. The official duties had insensibly almost ceased ; but Pius X in his reorganization of the Roman Curia has appointed participant prothonotaries to the chancery (Const. "Sapienti", 29 June, 1908). A corresponding change occurred in the bureau.x of the episcopal churches, abbeys, etc. ; the officials attached to the chancery ha\'e ceased to be known as notaries and are called chancellor, secretary, etc. Lastly, mention must be made of the notaries of the synodal or conciliar assemblies, whose duties are limited to the duration of the assembly.

Society in former times did not recognize the separa- tion of powers; so, too, in the Church the judicial authority was vested in the same prelates as the ad- ministrative. Soon, however, contentious matters were tried separately before a specially appointed body. The courts required a staff to record the trans- actions; these clerks were likewise notaries. In most civil courts they are, however, called registrars, clerks of the court, etc., but in the ecclesiastical tribunals they retain the name notary, though they are also called actuaries. Thus the special law of the higher ecclesiastical tribunals, the Rota and the Signatura, reorganized by Pius X, provides for the appointment of notaries for these two tribunals (can. v and xx.w). The reason why the head official charged with drawing up the documents of the Holy Office is called the no- tary, as were the clerks who in former times drew up the records of the Inquisition, is, doubtless, that of all the Roman Congregations the Holy Office is the only real judicial tribunal. The notaries of ecclesiastical tribunals are usually clerics; the duties may however be confided to laymen, except in criminal cases against a cleric.

Finally, there is the class of persons to whom the term notary is restricted in common parlance, to wit, those who are appointed by the proper authorities to witness the documentary proceedings between pri- vate persons and to impress them with legal authen- ticity. They are not engaged in the chanceries, in order that they may be within easy reach of private individuals; they have a public character, so that their records, drawn up according to rule, are received as authentic accounts of the particular transaction, especially agreements, contracts, testaments, and wills.

Consequently, public notaries may be appointed only by those authorities who possess jurisdiction in foro externa, and have a chancery, e. g. popes, bishops, em- perors, reigning princes, and of course only within the limits of their jurisdiction; moreover, the territory withiri which a notary can lawfully exercise his func- tions is expressly determined. There were formerly Apostolic notaries and even episcopal notaries, duly commissioned by papal or episcopal letters, whose duty it was to receive documents relating to ecclesi- astical or mixed affairs, especially in connexion with benefices, foundations, and donations in favour of churches, wills of clerics, etc. They no longer exist; th^ only ecclesiastical notaries at present are the of- ficials of the Roman and episcopal curia;. Moreover these notaries were layman, and Canon Law forbids clerics to acts as scriveners (c. viii, "Ne clerici vel monachi", 1. Ill, tit. 50).

Du Cangb, GlossaHum, s. v. Notarius; Ferraris, Projnpta bihliotheca, a. v. Nolariu^i; Fagnani, Corimentaria in c. Sicut te, 8, A^e Clerici vel Tnonafhi ; and in c. //i ordinando, I, De simonia; H^RicouRT, Les lois ecclesiastiques de France (Paris, 1721), E, xiii; GiRY, Manuel de diplomatique (Paria, 1894).

A. BOUDINHON.

Notary. See Prothonotary.

Notburga, Saint, patroness of servants and peas- ants, b. c. 1265 at Rattenberg on the Inn; d. c. 16 September, 1:313. She was cook in the family of Count Henry of Rothenburg, and used to give food to the poor. But Ottilia, her mistress, ordered her to feed the swine with whatever food was left. She, therefore, saved some of her own food, especially on Fridays, and brought it to the poor. One day, ac- cording to legend, her master met her, and com- manded her to show him what she was carrying. She obej'ed, but instead of the food he saw only shavings, and the wine he found to be vinegar. Hereupon Ot- tilia dismissed her, but soon fell dangerously ill, and Notburga remained to nurse her and prepared her for death.

Notburga then entered the service of a peasant in the town of Eben, on condition that she be per- mitted to go to church the evenings before Sundays and festivals. One evening her master urged her to continue working in the field. Throwing her sickle into the air she said: " Let my sickle be judge between me and you," and the sickle remained suspended in the air. Meantime Count Henry of Rothenburg was visited with great reverses which he ascribed to the dismissal of Notburga. He engaged her again and thenceforth all went well in his household. Shortly before her death she told her master to place her corpse on a vvagon drawn by two oxen, and to bury her wherever the oxen would stand still. The oxen drew the wagon to the chapel of St. Rupert near Eben, where she was buried. Her ancient cult was ratified on 27 March, 1862, and her feast is celebrated on 1-1 September. She is generally represented with an ear of corn, or flowers and a sickle in her hand; sometimes with a sickle suspended in the air.

Her legendary life was first compiled in Germany by Guari- NONI, in 1646, Latin tr. Roschmann in Acta SS., September, IV, 717-725; Hattler, St. Notburg, die Magd des Herrn, den glaub- wuerdigen Vrkunden treuherzig nacherzaehll, 5th ed. (Donauworth, 1902); Stadleh, Heiligen-Lezikon, IV (Augsburg, 1875), 586- 592; DoNBAR, Dictionary of Saintly Women, II (London, 1905), 111-U2; Baring-Gould, Lives of the Saints, 14 Sept.

Notburga, legendary daughter of Dagobert I, who is said to have lived in a cave near Hochluiuscn on the Neckar in Baden. Many legends an- icliitcd as to the sanctity and holiness of her life. After her death her body was placed on a chariot drawn by two white oxen to the place of buiial, where at present stands the church of Hochhausen. It is very probable that the legend of St. Notburga, the daughter of Dagobert I, is merely a distortion of that of St. Notburga of Rattenberg.

Du Blois, La vie et la Legende de Madame Sainte Notburga (Paris, 1868) ; Clock, Ein Bield aus Badens Sagemvelt (Karlaruhe, 1883): Stammingeh, Fronconwi Sancta (Wurzburg, 1881), 22-34; HuFFscHMiD, Hochhausen am Neckar und die heil. Notburga in Zeitschrift fiir die Geschichte des Oberrheins, new series, I (Freiburg im Br., 1886), 285-401; T>\jtis\n, Dictionary of Saintlg Womcn.U (London, 1905), 110.

Michael Ott.

Nothomb, Jean-Baptiste, Belgian statesman, b. 3 July, 1805, at Messancy, Luxemburg; d. at Berlin, 16 September, 1881. He received his secondary educa^ tion at the alhenee of Luxemburg, studied law in the University of Liege, and was awarded a doctor's de- gree in 1826. He practised law in Luxemburg, then in Brussels, where he took an active part in tlie war that was then waged in the press in behalf of the independ- ence of Belgium. During the riots of August, 1830, he was in his native pro\'ince; but hearing of the fight which had taken place between the patriots and the troops of the Prince of Orange he hurried back to the capital.

The provisional government appointed him secre- tary of the committee which was preparing the first draft of a new constitution. Three electoral dis- tricts of Luxemburg chose him as their representative