Notaires

Item

Country

FR

Name of institution (English)

Departmental Archives of Haute-Garonne

Name of institution (official language of the state)

Language of name of institution

fra

Contact information: postal address

11 boulevard Griffoul-Dorval, 31400 Toulouse

Contact information: phone number

0033 (0)534325000

Contact information: web address

Contact information: email

archives@cd31.fr

Reference number

3 E

Type of reference number

Archival reference number

Title (English)

Notaries

Title (official language of the state)

Notaires

Language of title

fra

Creator / accumulator

Notaries

Date note

14th century / 20th century

Language(s)

fra

Extent

4,273 linear metres (45,770 storage units) (Minutes et répertoires);
3 linear metres (25 storage units) (Contrats de mariage passés devant les notaires de Toulouse)

Type of material

Textual Material

Scope and content

The Notaires fonds comprises documentation related to the activity of the notaries of the Haute-Garonne department. It includes notarial deeds, such as minutes, marriage contracts, and wills, among others.
Some of these documents contain information related to Iberian conversos settled in France, such as the following examples:
3 E 5418, fols. 203-207v: marriage contract of Anthonie de Lopez, which contains a reference to the dowry amounting to 4,000 pounds. Toulouse, January 15, 1529. Some scholars consider that Anthonie de Lopez (or Antoinette de Louppes de Villenueve) was a descendent of Mayer Paçagon, an Aragonese Jew from Catalonia who was forcefully converted to Christianity and took the name of Juan López de Villanueva.
3 E 4657, fol. 327v: notarial deed dating from 1673 that contains information about Hélène de Bais, the widow of Vaz de Oliveira. She obtained letters of naturality at the same time as Gaspard Cabrero, registered in December 1661 by the "Chambre des comptes de Montpellier" (Chamber of Accounts of Montpellier).
3 E 6365, II, fol. 299: deed through which Pierre Souares and his wife Isabeau Alvares, conversos of Portuguese origin, loaned an amount of money from Jean Dupin and Martial de Cordes.
3 E 543, 3872, and 6374, I, fol. 410: contains a reference to Joseph de Medina and Emmanuel Fernandes Miranda, brothers and members of the Henriques family, one of the most well-known Sephardic families of Portuguese origin in 18th-century France.

Archival history

From early on, the French Crown was concerned to preserve notarial records. In 1304, an ordinance obliged notaries to conserve their deeds and determined that, after their death, their heirs were expected to transfer the deceased's registers to another notary.
On May 12, 1707, the notaries of Toulouse decided to rent a room in the Augustinian convent to preserve the notarial archives, including those deeds of notaries whose offices had been suppressed. In 1770, this repository preserved records of 166 notaries, and it continued active after the French Revolution. Finally, in 1836, this repository was transferred to a building of the Court of Appeal, although the documentation remained to be classified and ordered.
In May 1893, a former archivist proposed a plan to the Chamber of Notaries for the proper installation and classification of all documentation. He also suggested that all old deeds were to be deposited in the archive. However, it was only on March 14, 1928, that a law authorised notaries to deposit their deeds over 125 years old in the departmental archives after obtaining the agreement of the general council.
By a law of January 3, 1979, the period during which notaries are obliged to keep their deeds and those of their predecessors was reduced to 100 years. On July 15, 2008, it was reduced to 75 years, except for deeds concerning minors, for which the period of 100 years was maintained.

Administrative / Biographical history

The oldest notary register kept in France dates from 1248, written by Guiraud Amalric, notary of Marseille. Notaries were appointed by a lay or ecclesiastical lord or worked under direct Royal or Papal authority. From the 14th century onwards, new legislation was implemented to gradually regulate notarial activity. King Phillipe IV (1285-1314) issued the first piece of relevant legislation in 1304, reinforcing the notaries' authority and determining new methods of appointing royal notaries and rules to validate deeds. In the following centuries, new orders were given so that, in the 18th century, the notarial activity followed a uniform pattern throughout the kingdom.
The French Revolution brought many changes. Laws of September 29 and October 6, 1791, abolished the venality and heredity of the notary's office and fixed the number of notaries for each French department.
In the second half of the 19th century, notaries suffered a significant loss of influence. Later, World War I seriously impacted notarial activity in France, since numerous notaries were mobilised to the front line, abandoning their offices.
New important legislation was taken in 1945, which placed the notaries under the control of the Ministry of Justice and defined the chain of bureaucracy and the competencies of each institutional body.

Access points: locations

Access points: persons, families

Access points: subject terms

Access points: document types

System of arrangement

The fonds is organised by document type. Series are organised chronologically.

Links to finding aids

Author of the description

Kevin Soares, 2022

Bibliography

Item sets

Linked resources

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is part (item) of
Title Alternate label Class
Archives départementales de la Haute-Garonne Collections (official language of the state)