Legal Definitions - falsonarius

The term falsonarius is a historical legal term, primarily originating from Roman and medieval law. It refers to a person who commits an act of falsification or forgery. Essentially, a falsonarius is a forger or a falsifier—someone who intentionally creates or alters documents, seals, currency, or other official items with the intent to deceive, defraud, or misrepresent the truth.

Here are some examples illustrating the concept of a falsonarius:

• Example 1: Forging a Will
  Imagine a scenario in 16th-century England where a distant relative, upon learning of a wealthy nobleman's death, secretly creates a new will, meticulously mimicking the nobleman's handwriting and seal. This fabricated will names the relative as the sole heir, disinheriting the nobleman's actual children. The relative then presents this forged document to the authorities to claim the estate.

  Explanation: In this situation, the distant relative would be considered a falsonarius because they intentionally created a false legal document (the will) with the express purpose of deceiving the courts and defrauding the rightful heirs of their inheritance.

• Example 2: Counterfeiting Official Seals
  Consider a group of individuals in a medieval kingdom who discover a way to replicate the royal seal, which is used to authenticate official decrees, land grants, and tax exemptions. They then use these counterfeit seals to create fraudulent documents, granting themselves vast tracts of land or exempting their businesses from taxes, all without the king's actual knowledge or consent.

  Explanation: The individuals involved in replicating and using the false royal seal are falsonarii. Their actions constitute forgery and falsification, as they are creating fake official instruments to deceive the public and the authorities for personal gain.

• Example 3: Altering Ship Manifests
  In the era of maritime trade, a unscrupulous merchant captain, seeking to avoid customs duties or smuggle prohibited goods, deliberately alters the ship's manifest—the official list of cargo. They might reduce the declared quantity of valuable spices or omit certain luxury items entirely, presenting the falsified document to port officials upon arrival.

  Explanation: The merchant captain acts as a falsonarius by intentionally falsifying an official document (the ship's manifest) to deceive customs authorities and evade legal obligations, thereby committing fraud.