TABULARIUS

4 definitions found across Law Mind sources

TABULARIUSAuthored
The Law Mind • 423 words
Definition
A tabularius (Latin) is a civil law term for an officer who drew up, prepared, or authenticated legal writings and instruments. The term is closely synonymous with tabellio and is sometimes rendered in English as notary. The tabularius was a recognized functionary in Roman and later civil law practice, responsible for the formal drafting of legal documents (tabulae), giving them their official character and evidentiary weight.
Why It Matters in Research
This is a historical legal term of Roman and civil law origin with no surviving operational role in modern common law jurisdictions. Researchers encountering tabularius in primary sources should treat it as equivalent to tabellio—a professional scrivener or notary functioning under civil law—rather than importing modern notarial concepts, which carry distinct procedural requirements. The term appears most frequently in sources engaging with Roman law, medieval ecclesiastical documents, or civil law treatises. Because the historical dictionaries treat tabularius and tabellio as interchangeable, researchers should cross-reference both headwords when working through historical sources; some dictionaries index the full discussion under tabellio only, with tabularius serving merely as a redirect. The Novels (Novellae Constitutiones) of Justinian, particularly Nov. 73, c. 8, provide the primary legal context for the office, and researchers working with Roman law sources should consult that text directly for the scope of the tabularius's documentary functions. Do not conflate this term with tabula (a writing tablet or legal instrument itself), which is the root word and a distinct though related concept.
Historical Dictionary Support
The historical dictionaries are in close agreement on this term. Black's (both editions), Burrill, and Rapalje & Lawrence all identify tabularius as a notary or tabellio under civil law, citing Calvin's Lexicon as authority. Burrill offers the most complete treatment, adding that the tabularius was specifically an officer who "drew up or prepared writings (tabulae)" and pointing to Nov. 73, c. 8 as the governing text. This framing—rooted in the function of preparing instruments rather than merely witnessing them—is a useful distinction for researchers studying the evolution of notarial practice from Roman law into medieval European legal systems. The other dictionaries offer only the shortest cross-reference treatment, effectively deferring to tabellio for substantive discussion. None of the historical sources address any common law analogue or English reception of the office, which is appropriate given that the tabularius is a civil law institution with no direct transplant into English legal practice.
Related Terms
Tabellio Tabula Notary Notary Public Scrivener Instrumentum
TABULARIUSmain
Black's Law Dictionary • 1891
Lat. A notary, or ta- bellio. Calvin. TAC, TAK. In old records. A kind of customary payment by a tenant. Cowell.
TABULARIUSmain
Black's Law Dictionary (2nd Ed.) • 1910
bellio. Calvin. Lat. A notary, or taTAC, TAK. In old records. customary payment by a tenant. Cowell. -Taoc free. In old records. Free from the common duty or imposition of tac. Cowell. A kind of
TABULARIUSmain
Rapalje & Lawrence • 1883
In the civil law, a mortgagee adding a subsequent advance to his notary. &c. first mortgage. The essentials to the operation of tacking are-(1) possession of the legal estate; TACFREE.-Exempt from rent, payments, (2) absence of notice, at the time of making the TACIT.-A communication of intention is said to be tacit when it consists of mere silence. 3 Sav. Syst. 248. As to the distinction between "tacit" and "constructive," "express" and "implied," see those titles.

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