The word prothonotary is recorded in English since 1447, as "principal clerk of a court," from
L.L. ''prothonotarius'' (
c. 400), from Greek ''protonotarios'' "first scribe," originally the chief of the college of recorders of the court of the
Byzantine Empire
The Byzantine Empire, also referred to as the Eastern Roman Empire or Byzantium, was the continuation of the Roman Empire primarily in its eastern provinces during Late Antiquity and the Middle Ages, when its capital city was Constantinopl ...
, from
Greek
Greek may refer to:
Greece
Anything of, from, or related to Greece, a country in Southern Europe:
*Greeks, an ethnic group.
*Greek language, a branch of the Indo-European language family.
**Proto-Greek language, the assumed last common ancestor ...
' ''protos'' "first" +
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
''
notarius
A notarius is a public secretary who is appointed by competent authority to draw up official or authentic documents (compare English "notary"). In the Roman Catholic Church there have been apostolic notaries and even episcopal notaries. Documents ...
'' ("notary"); the -h- appeared in Medieval Latin. The title was awarded to certain high-ranking
notaries
A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems.
A notary, while a legal professional, is disti ...
.
Byzantine usage
The office of ''prōtonotarios'' ( el, πρωτονοτάριος), also ''
proedros
''Proedros'' ( el, πρόεδρος, "president") was a senior Byzantine court and ecclesiastic title in the 10th to mid-12th centuries. The female form of the title is ''proedrissa'' (προέδρισσα).
Court dignity
The title was created in ...
'' or ''
primikērios'' of the ''notarioi'', existed in mid-Byzantine (7th through 10th centuries) administration as head of the colleges of the ''notarioi'' in various administrative departments. There were ''prōtonotarioi'' of the imperial ''notarioi'' (secretaries of the court), of the various ''sekreta'' or ''logothesia'' (government ministries), as well as for each ''
thema'' or province.
[* ] The latter appeared in the early 9th century and functioned as the chief civil officials of the province, directly below the governing general (''
stratēgos''). They were responsible chiefly for administrative and fiscal affairs (characteristically, they belonged to the financial ministry of the ''Sakellion''), and were also responsible for the provisioning of the thematic armies. The office vanished after the 11th and 12th centuries, along with the ''themata'' and the ''logothesia'', although there are traces of a single ''prōtonotarios'' functioning as the emperor's chief secretary until the
Palaiologan period
The Byzantine Empire was ruled by the Palaiologos dynasty in the period between 1261 and 1453, from the restoration of Byzantine rule to Constantinople by the usurper Michael VIII Palaiologos following its recapture from the Latin Empire, founde ...
.
Catholic Church usage
In the
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
, protonotaries apostolic (
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
''protonotarii apostolicii'') are
prelate
A prelate () is a high-ranking member of the Christian clergy who is an ordinary or who ranks in precedence with ordinaries. The word derives from the Latin , the past participle of , which means 'carry before', 'be set above or over' or 'pref ...
s in the
Roman Curia who perform certain duties with regard to papal documents. Also, after examining the candidates, they name annually a fixed number of doctors of theology and
canon law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
. Historically, the college of protonotaries developed out of the seven regional notaries of Roman antiquity, and are therefore called protonotaries ''de numero'' (of the number). They are also called "participating" protonotaries, because they shared in the revenues as officials of the Roman
Chancery.
These high papal officials are the highest class of
Monsignor
Monsignor (; it, monsignore ) is an honorific form of address or title for certain male clergy members, usually members of the Roman Catholic Church. Monsignor is the apocopic form of the Italian ''monsignore'', meaning "my lord". "Monsignor" ca ...
, are often raised directly to the
cardinalate
The College of Cardinals, or more formally the Sacred College of Cardinals, is the body of all cardinals of the Catholic Church. its current membership is , of whom are eligible to vote in a conclave to elect a new pope. Cardinals are appoi ...
, and hold distinctive privileges in address and attire. Current practice is based on
Pope Paul VI
Pope Paul VI ( la, Paulus VI; it, Paolo VI; born Giovanni Battista Enrico Antonio Maria Montini, ; 26 September 18976 August 1978) was head of the Catholic Church and sovereign of the Vatican City, Vatican City State from 21 June 1963 to his ...
's two ''
motu proprio
In law, ''motu proprio'' (Latin for "on his own impulse") describes an official act taken without a formal request from another party. Some jurisdictions use the term ''sua sponte'' for the same concept.
In Catholic canon law, it refers to a do ...
s'', ''
Pontificalis Domus
''Pontificalis Domus'' ( en, The Papal Household) was a ''motu proprio'' document issued by Pope Paul VI on 28 March 1968, in the fifth year of his pontificate. It reorganized the Papal Household, which had been known until then as the Papal Co ...
'' of March 28, 1968 and ''Pontificalia Insignia'' of June 21, 1968. They are addressed formally as "most reverend monsignor," and they wear the
mantelletta
A mantelletta, Italian diminutive of Latin ''mantellum'' 'mantle', is a sleeveless, knee-length, vest-like garment, open in front, with slits instead of sleeves on the sides, fastened at the neck. It was for a period of time even more common than ...
, the purple
choir cassock
The cassock or soutane is a Christian clerical clothing coat used by the clergy and male religious of the Oriental Orthodox Churches, Eastern Orthodox Church and the Catholic Church, in addition to some clergy in certain Protestant denomi ...
, the biretta with red tuft, and
rochet
A rochet () is a white vestment generally worn by a Roman Catholic or Anglican bishop in choir dress. It is unknown in the Eastern churches. The rochet in its Roman form is similar to a surplice, except that the sleeves are narrower. In its Ang ...
for liturgical services, the black
cassock
The cassock or soutane is a Christian clerical clothing coat used by the clergy and male religious of the Oriental Orthodox Churches, Eastern Orthodox Church and the Catholic Church, in addition to some clergy in certain Protestant denomi ...
with red piping and purple sash at other times, and may add the purple
ferraiuolo
The ferraiolo (also ferraiuolo, ferraiolone) is a type of cape traditionally worn by clergy in the Roman Catholic Church on formal, non-liturgical occasions. It can be worn over the shoulders, or behind them, extends in length to the ankles, is t ...
to the black cassock for formal ceremonies of a non-liturgical nature, e.g., a graduation.
There are also honorary protonotaries, referred to as supernumerary (or 'beyond the number'), on whom the pope has conferred this title and its special privileges. This title is purely honorary and is not attached to any duties in the Curia. This is the type of protonotary found outside of Rome, and is the highest grade of monsignor found in most dioceses. Priests so honored are addressed as "reverend monsignor," wear the purple choir cassock (with surplice) for liturgical services, the black cassock with red piping and purple sash at other times, may add the purple ferraiuolo to this for formal non-liturgical ceremonies, and may put the letters "P.A." after their names, but use none of the other accoutrements mentioned above.
Secular judiciary
The term prothonotary is the title of the chief
court clerk
A court clerk (British English: clerk to the court or clerk of the court ; American English: clerk of the court or clerk of court ) is an officer of the court whose responsibilities include maintaining records of a court, administer oaths to witn ...
in several
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
jurisdictions.
Australia
The chief clerks of the supreme courts of the
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
n states of
New South Wales
)
, nickname =
, image_map = New South Wales in Australia.svg
, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, es ...
and
Victoria
Victoria most commonly refers to:
* Victoria (Australia), a state of the Commonwealth of Australia
* Victoria, British Columbia, provincial capital of British Columbia, Canada
* Victoria (mythology), Roman goddess of Victory
* Victoria, Seychelle ...
are titled "prothonotary."
The prothonotary of the Victorian Supreme Court has responsibility for all administrative tasks of the trial division registry. Under the Supreme Court Act 1986 (Vic), and the accompanying rules, the prothonotary also has some quasi-judicial powers including taxation of costs, conducting mediations, prosecuting contempt and administering bail.
Much of the work of the prothonotary is delegated to specifically appointed deputy prothonotaries who, under the Supreme Court Act (s108), have the same powers and authority as the prothonotary.
Canada
Federal Court
Prior to October 12, 2022, the
Federal Court in
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
appointed prothonotaries as judicial officers (and not clerks) appointed under th
Federal Courts Actand exercise many of the powers and functions of a Federal Court judge. The prothonotary's authority includes mediation, case management, practice motions (including those that may result in a final disposition of the case, regardless of the amount in issue), as well as trials of actions in which up to $50,000 is claimed (see Rules 50, 382, and 383 to 387 of th
.
Since the enactment of the ''Budget Implementation Act, 2022, No. 1'' s of October 12, 2022, the office of prothonotaries were renamed as associate judges.
Provincial courts
In the provincial courts of
Nova Scotia
Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland".
Most of the population are native Eng ...
and
Prince Edward Island
Prince Edward Island (PEI; ) is one of the thirteen Provinces and territories of Canada, provinces and territories of Canada. It is the smallest province in terms of land area and population, but the most densely populated. The island has seve ...
, the prothonotary is the chief court clerk. In
Quebec
Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirtee ...
, prothonotary (french: protonotaire) is the term formerly used to identify the official now referred to as the clerk of the
Superior Court of Quebec
The Superior Court of Quebec (french: Cour supérieure du Québec) is a superior trial court in the Province of Quebec, in Canada. It consists of 157 judges who are appointed by the federal government. Appeals from this court are taken to the Qu ...
.
Great Britain
The chief clerk of the
Court of King's Bench
The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions.
* Court of King's Bench (England), a historic court court of common ...
and the
Court of Common Pleas
A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...
was known as the Prothonotary. His deputy was the Second Prothonotary or Secondary. The positions were well paid and could be purchased. The posts, which had largely become sinecures, were abolished in 1837 and replaced by that of Master. The prothonotary and his deputy were the principal officers on the civil side of the palatine
Court of Pleas of the County Palatine of Durham and Sadberge
The Court of Pleas of the County Palatine of Durham and Sadberge, sometimes called the Court of Pleas or Common Pleas of or at Durham was a court of common pleas that exercised jurisdiction within the County Palatine of Durham (including the wapen ...
. The prothonotary and his deputy were the principal officers of the palatine
Court of Common Pleas of the County Palatine of Lancaster
The Court of Common Pleas of the County Palatine of Lancaster, sometimes called the Common Pleas of or at Lancaster was a court of common pleas that exercised jurisdiction within the County Palatine of Lancaster until its jurisdiction was transferr ...
. The office continued to exist up to the abolition of the two palatine courts by an Act of 1873.
India
The chief clerk and head of the administrative division of the
Bombay High Court
The High Court of Bombay is the high court of the states of Maharashtra and Goa in India, and the union territory of Dadra and Nagar Haveli and Daman and Diu. It is seated primarily at Mumbai (formerly known as Bombay), and is one of the ol ...
is known as the Prothonotary and Senior Master.
United States
While the term was once commonly used in the United States, only the courts of
Pennsylvania
Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
and
Delaware
Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
still term their chief clerks "prothonotaries."
Pennsylvania
The
Unified Judicial System of Pennsylvania The Unified Judicial System of Pennsylvania is the unified state court system of the Commonwealth of Pennsylvania.
Courts
The Supreme Court of Pennsylvania is the state supreme court and court of last resort."Commonwealth of Pennsylvania,Rydal-M ...
titles several of its court administrators prothonotaries. The
Supreme Court of Pennsylvania
The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania's Unified Judicial System. It also claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme ...
maintains two deputy prothonotaries, one in
Philadelphia
Philadelphia, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Sinc ...
and the other in
Pittsburgh
Pittsburgh ( ) is a city in the Commonwealth (U.S. state), Commonwealth of Pennsylvania, United States, and the county seat of Allegheny County, Pennsylvania, Allegheny County. It is the most populous city in both Allegheny County and Wester ...
, supplementing the role of the prothonotary in
Harrisburg
Harrisburg is the capital city of the Pennsylvania, Commonwealth of Pennsylvania, United States, and the county seat of Dauphin County, Pennsylvania, Dauphin County. With a population of 50,135 as of the 2021 census, Harrisburg is the List of c ...
. The
Superior Court of Pennsylvania
The Superior Court of Pennsylvania is one of two Pennsylvania intermediate appellate courts (the other being the Commonwealth Court of Pennsylvania). It is based in Harrisburg.
Jurisdiction
The Superior Court hears appeals in criminal and most ...
's chief administrative officer is also titled a prothonotary and also maintains offices in Harrisburg, Philadelphia, and Pittsburgh. The
Pennsylvania Courts of Common Pleas
In Pennsylvania, the courts of common pleas are the trial courts of the Unified Judicial System of Pennsylvania (the State court (United States), state court system).
The courts of common pleas are the trial courts of general jurisdiction in the ...
also title their chief clerks prothonotaries, except for the District of
Delaware County, which has a clerk of courts instead of a prothonotary under the terms of its special Home Rule Charter. The
Commonwealth Court of Pennsylvania
The Commonwealth Court of Pennsylvania is one of Pennsylvania's two intermediate appellate courts. The Commonwealth Court's headquarters is in Harrisburg, Pennsylvania, with jurisdiction over administrative and civil public law. The Superior ...
and the minor courts (the magisterial district courts, the Philadelphia Municipal Court, and the Pittsburgh Municipal Courts) do not have prothonotaries; their administrators are titled a "Chief Clerk" and "administrators," respectively.
U.S. President
Harry S. Truman
Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...
was introduced to a prothonotary during a campaign stop in
Pittsburgh
Pittsburgh ( ) is a city in the Commonwealth (U.S. state), Commonwealth of Pennsylvania, United States, and the county seat of Allegheny County, Pennsylvania, Allegheny County. It is the most populous city in both Allegheny County and Wester ...
in 1948. It is rumored that Truman's first reaction upon hearing the term "prothonotary" was to say "What the hell is a prothonotary?"
[The story about ]Harry S Truman
Harry may refer to:
TV shows
* ''Harry'' (American TV series), a 1987 American comedy series starring Alan Arkin
* ''Harry'' (British TV series), a 1993 BBC drama that ran for two seasons
* ''Harry'' (talk show), a 2016 American daytime talk show ...
is repeated in:
*David M. Brown. (April 3, 2005)
Lamb Says City Should Change How it Does Business
. Pittsburgh Tribune-Review. Accessed 2006-11-14.
*Roy Blount Jr. (2008) ''Alphabet Juice'' (New York, Sara Crichton Books, Farrar Straus and Giroux, ) pp. 238–239
*Jon Delano
Jon Delano is the Money & Politics Editor for KDKA-TV (CBS) in Pittsburgh, Pennsylvania, a position he began on a full-time basis in 2001 after joining the station in 1994 as its political analyst.
Career
A graduate of Haverford College and ...
. (March 14, 2003)
Row Office Holders Not Political Bumpkins
Pittsburgh Business Times. Accessed 2006-11-14.
*Peacock Keller. (July, 2005)
. Accessed 2006-11-14.
*Jerome L. Sherman. (May 18, 2005)
6 Elected Row Officers Become 3 Appointed
Pittsburgh Post-Gazette. Accessed 2006-11-14. It has also been claimed that Truman called "prothonotary" the most impressive-sounding political title in the U.S.
References
Sources
* {{CathEncy, wstitle=Prothonotary Apostolic
Catholic ecclesiastical titles
Ecclesiastical titles
Legal professions
Notary