Seals and forgeries: Cardinal Otto's comments

Cardinal Otto was appointed legate in 1227.  His time in England a decade later, in 1237, was not without incident - at Oxford, somehow a brawl broke out between his men and some Oxford students, and a couple (of his servants) were killed.  All this at the Augustinian Priory of Oseney.  The Merton Annals' account of it is here - excitingly in manuscript!  (You'll need to find fo.178r.)  Otto made various constitutions that year.  Among them were these two sections.

The more necessary the use of sealed instruments is in England, where there are no public notaries, the greater ought the caution to be, lest through the unskilfulness of some they be abused. For we hear letters are drawn and sealed, not only by lesser clerks, and prelates, in which it is implied that such a man made a contract, or was present at the making of it, or at any business, or was summoned to court, or had letters of summons shewed him ; who yet was not present, nor any where to be found, nay perhaps was then in another province or diocese. Now since such writings do plainly imply forgery, we strictly forbid the drawing of them, and do enact with a provident deliberation that they who shall be convicted of offending in this respect, and who knowingly use such letters to the damage of another be punished as forgers, and as those who use forged instruments. 

Because notaries public are not used in England, and therefore there is more frequent occasion for authentic seals; that there may be no want of them, we ordain, that not only archbishops and bishops, but their officials, and deans rural, as also cathedral chapters, and all colleges, and convents, have a seal, either jointly with the rectors [heads] or distinct from them according to their custom or statutes.  Let every one of the aforesaid have a seal with their several distinctions; that is, the name of their dignity, office or college, as also the proper name of the men who enjoy the dignity, or office, graven in plain letters or characters, if the office be perpetual. Let them who have taken an office which is but for a time, as rural dean, and officials, forthwith, and without trouble resign their seals at the expiration of their office to him from whom they received it; which seal is to have the name of the office only graven upon it.  And we charge, that they be very careful as to the custody of their seal, that every one keep it himself or commit it to the keeping of one only, of whose fidelity he is assured, and let him take an oath that he will keep it faithfully, and not lend it to any one for the sealing of any thing, nor seal any thing himself to the prejudice of another, but what his principal hath first read and viewed with attention, and so commanded him to seal.  Let there be a faithful and provident caution used in setting the seal; faithful, so as that it be easily granted to those that want it: provident, so as that it be wholly denied to falsaries, or forgers.  We also ordain, that the proper date of the day, time and place, be inserted at the beginning of end of every authentic writing.

These are interesting for the comments about notaries (the common law system already making different structures from the Roman law one), but also about the keeping and use of seals.  As someone - probably Giles Constable - pointed out, English is unique among its neighbours in having a special word for 'forgery'.  In French, things are either true or false.  English forgeries are a grey area in between!