Legal Definitions - actum et tractatum

The Latin phrase actum et tractatum historically translates to "done and transacted." In legal contexts, particularly concerning formal legal documents or "instruments," it signified that all necessary actions, discussions, and agreements related to that document had been fully completed, formally recorded, and finalized within the document itself. It conveyed a sense of completeness and official execution of the legal matter at hand.

Here are some examples to illustrate its meaning:

• A Historical Deed of Sale: Imagine a scenario in the 18th century where a landowner sells a significant parcel of property to a merchant. After extensive negotiations, surveys, and agreement on terms, a formal deed is drafted, signed, and sealed by both parties and witnesses. This deed would be considered actum et tractatum because all the steps involved in the sale—the discussions, the agreement on price, the transfer of ownership, and the formal recording of these details—were fully "done and transacted" and captured within that final legal document.

• A Royal Proclamation or Edict: Consider a monarch issuing a new law or decree that significantly alters the rights of their subjects or establishes a new administrative body. Before the final proclamation is issued, there would have been extensive deliberation among advisors, legal scholars, and perhaps even public consultation. Once the final document is formally written, signed by the monarch, and publicly declared, it embodies everything that was actum et tractatum. The proclamation itself represents the complete and final legal act, with all preceding discussions and decisions having been fully executed and recorded.

• The Formation of a Guild Charter: In medieval times, a group of artisans might seek to form a guild to regulate their trade, set standards, and protect their members. This would involve drafting a charter outlining the guild's rules, membership requirements, and privileges. The process would include numerous meetings, debates, and revisions until a final charter was agreed upon by all founding members and perhaps approved by a local authority. The completed and formally adopted charter would then be considered actum et tractatum, as it fully encapsulated all the actions and transactions involved in establishing the guild and its governing principles.