Fra giurisdizione e documentazione. Il notaio in tribunale dall'Antico regime all'età dei codici

The essay deals with the contiguity between the notary and the judge in the long period from the 13th century until the age of the modern codes. Following the affirmation of the Roman-Canonical process with its written procedure, the notary became a permanent presence in the courts performing not only the important function of recording everything that was done in the process, but sometimes also some leading tasks as a substitute for the judge. The parallel performance by notaries of the private practice and of the functions of public officier dedicated to the recording of procedural activities was a widespread phenomenon throughout the late Middle Ages and beyond, although starting from the 16th century in some more modern States, such as the kingdom of France, the Duchy of Savoy (later Kingdom of Sardinia) and the Kingdom of Naples, began to manifest itsef a tendency to separate the two functions. This phenomenon, destined to be fully accomplished with the Napoleonic era, did not prevent notaries from continuing to carry out important functions in the courts for a long time, including some of jurisdictional nature