Home1815 Edition

PROTHONOTARY

Volume 17 · 210 words · 1815 Edition

a term which properly signifies first notary, and which was anciently the title of the principal notaries of the emperors of Constantinople.

Prothonotary, with us, is used for an officer in the court of king's bench and common pleas; the former of which courts has one, and the latter three. The prothonotary of the king's bench records all civil actions sued in that court, as the clerk of the crown-office does all criminal causes. The prothonotaries of the common pleas enter and enrol all declarations, pleadings, affizes, judgments, and actions: they also make out all judicial writs, except writs of habeas corpus, and distingus jurator, for which there is a particular office, called the habeas corpora office; they likewise enter recognizances acknowledged, and all common recoveries; make exemplifications of records, &c.

In the court of Rome there is a college of 12 prelates, called apostolical prothonotaries, empowered to receive the last wills of cardinals, to make all informations and proceedings necessary for the canonization of saints; and all such acts as are of great consequence to the Papacy: for which purpose they have the right of admission into all consistories, whether public or half public. They also attend on the pope whenever he performs any extraordinary ceremony out of Rome.