Legal Definitions - notarius

A notarius was a historical figure, particularly prominent in Roman law, who performed various essential writing and record-keeping functions. The role encompassed that of a scribe, a recorder of proceedings, and an official who drafted legal documents. Essentially, a notarius was a person entrusted with accurately documenting information, often in a legal or administrative context.

• Example 1: Recording Dictation

  Imagine a Roman senator in the 1st century AD dictating a lengthy letter to a provincial governor, outlining new administrative policies. A skilled notarius, perhaps a trusted freedman, would sit beside him, meticulously recording every word using a form of shorthand on wax tablets, ensuring an accurate and complete transcript of the senator's official communication.

  This example illustrates the notarius in their role as a personal scribe or secretary, capturing spoken words into a written format for official correspondence or record-keeping.

• Example 2: Documenting Court Proceedings

  During a complex legal dispute heard before a Roman magistrate, a crucial witness delivers testimony. A designated notarius, acting as an officer of the court, would be present to accurately transcribe the witness's statements and the magistrate's rulings in real-time, creating an official record of the court's proceedings for future reference or appeal.

  Here, the notarius functions as an official court recorder, ensuring that judicial pronouncements and testimonies were accurately documented, similar to a modern court reporter.

• Example 3: Drafting Legal Instruments

  Consider a wealthy Roman citizen wishing to formalize the sale of a vineyard to another prominent family. A knowledgeable notarius would be commissioned to draft the intricate legal contract, ensuring it adhered to all Roman property laws, clearly defined the terms of sale, and accurately reflected the intentions of both parties, thereby creating a legally binding document.

  This example highlights the notarius's role in preparing formal legal instruments such as deeds or contracts, demonstrating their expertise in legal drafting and their function in formalizing agreements, akin to a modern legal drafter or a notary public.