Painting of a Civil Notary (c. 1510-1520) by Quentin Massys, The National Gallery of Scotland

Notaries in Scotland

The first notaries in Scotland were recorded in the thirteenth century and began to rise in popularity around the fourteenth century due to the Pope’s use of notaries for legitimizing legal proceedings. Notaries were distinguished by two types: notary private which were contracted by wealthy families to perform legal duties in their absence, and notary public which were contracted by a high body of authority, such as the Scottish Crown, the Pope or the Holy Roman Emperor. The popularity of notaries continued to rise in the fifteenth century as the Scottish Crown demanded legitimized titles of land and property. To register their title to land, a noble was required to record an instrument of sasine through a notary which outlined the transfer of land from the owner to the beneficiary and their descendants. Notaries were crucial in the legitimization of Scottish documents from the 13th century and then on as they were legally able to draft, sign, and seal documents in place of who they were contracted by.

Detail from XS5 MS A001 Doc No D-2

Witness lists were also very crucial in conjunction with the use of the notary. Witness lists were often used in elements of sasine, and were very helpful in proving the legitimacy of a document as they provided testimony to the seal and the signature of the document. Witness lists can also show historians important connections and allegiances between different noble families as they witnessed these deeds for each other.

XS5 MS A001 Doc No D-4

Privy seal letter conferring gift of Ward and Nonentry (XS5 MS A001 Doc No D-4)

This letter grants “the lands and Barony of Menzies” to George Gordon, the 6^th Earl of Huntly (1562 –1636), during the minority of Alexander, son and heir of Baron James Menzies (1523-85). When James died on 5 September 1585, none of his children had attained the age of majority. The eldest, Sir Alexander the Menzies was nineteen years of age and a student at the University of Glasgow. Fearing that the family’s lands were therefore vulnerable to invasion by the Campbells and other nobles in the region, James’s widow, Lady Barbara secured the protection of the Earl of Huntly--a favourite of King James VI (1567-1603). Through this letter, the Earl of Huntly assumed the wardship of the barony of Menzies, until young Alexander Menzies came of age.

Unlike the other exempla in the exhibit, this letter is written on paper rather than parchment. Although dated 26 September 1585, it is a copy that might have been scribed at a later time given that the first Scottish paper mill was established at Dalry, Edinburgh in 1590.  

XS5 MS A001 Doc No D-2

Bond of Manrent between Alexander Menzies of Rannoch and John Campbell (XS5 MS A001 Doc No D-2)

This deed documents a bond of manrent that was enacted between Alexander Menzies of Rannoch and John Campbell of Monzie in the region of Perth. A bond of manrent was a legal instrument that bound two parties together in times of peace and war through a mutual and lifelong pledge of allegiance. Menzies and Campbell had an obligation to defend each other’s lands, provide counsel to one another, and contribute military support to their pledgee’s war efforts.

The agreement was drafted and authenticated by Sir William Ramsay, a notary public and chaplain operating in Perth. Ramsay’s notarial seal has been partially preserved and is affixed to its tag. This document was likely made from sheepskin parchment; the biological composition of sheepskin made any attempts to erase or falsify written text obvious (since they would blemish the vellum). Additionally, the handwritten signatures of Menzies, Campbell, and Ramsay are observable at the bottom of the deed, as well as a written witness list that corroborated the bond of manrent. These features are indicative of how legal documents were verified in sixteenth-century Scotland.