Das italienische Notariat und das „Hlotharii capitulare Papiense“ von 832
Patrick Breternitz|Britta Mischke
Abstract In 832, the Frankish emperor Lothar I promulgated a capitulary in royal palace of Pavia („Hlotharii capitulare Papiense“) confirming selected chapters capitularies his predecessors Charlemagne and Louis Pious. These are mostly cited verbatim, but some (chs. 3, 12, 13) seem to have no equivalent earlier therefore usually considered be new provisions by himself. The article focuses particularly on ch. 13 containing for office notary. It includes clause that has been interpreted as prohibition against notaries service counts writing charters outside their own county. This argues an alternative interpretation: chapter aims only ensure transfers property certified always region which is located. Moreover, very likely refers decree Pious 818/819 („Capitula legibus addenda“, 6). thus emerges „Capitulare Papiense“ does fact take up provision Lothar’s predecessors, same can suggested 12. According latter chapter, unfree people ineligible attain freedom based 30-year term Roman law if one parents was unfree. coincides largely with known ascribed „Liber Papiensis“, not hitherto connected capitulary. model, adopted slightly modified Lothar, findings make it highly probable source yet identified, also repeats older or Pious, now lost.
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