Legal Definitions - notabilis excessus

Notabilis excessus is a historical legal term that refers to a significant or remarkable overstepping of boundaries, authority, or reasonable limits. It describes an action that goes far beyond what is permissible, expected, or necessary, often implying a severe transgression or abuse.

Here are some examples to illustrate this concept:

• Abuse of Official Power: Imagine a historical scenario where a royal tax collector is authorized to levy a specific percentage of a merchant's annual profits. If this collector were to demand double the legal amount, seize the merchant's entire inventory, and then imprison the merchant's family until the exorbitant sum was paid, this would be considered a notabilis excessus.

  Explanation: The tax collector's actions far exceed their defined legal powers and responsibilities, demonstrating a "very great excess" of authority that is both remarkable and unacceptable under the law.

• Excessive Force in Self-Defense: Consider a situation in a medieval village where a farmer discovers a neighbor's pig rooting through his garden. While the farmer has the right to shoo the pig away or even impound it, if he were to violently attack the neighbor who came to retrieve the pig, causing severe, life-threatening injuries when the neighbor posed no physical threat, this would constitute a notabilis excessus.

  Explanation: The farmer's response goes significantly beyond what would be considered reasonable or necessary force to address a minor property dispute, representing a "very great excess" in his reaction.

• Breach of Mandate or Trust: In a historical context, if a feudal lord appointed a steward to manage his estate while he was away on campaign, with clear instructions to maintain the lands and collect rents fairly, but the steward instead sold off valuable portions of the estate, evicted tenants without cause, and used the proceeds for his personal enrichment, this would be a notabilis excessus.

  Explanation: The steward's actions represent a "very great excess" of the mandate given to him by the lord, dramatically overstepping his delegated authority and betraying the trust placed in him.