CONTRACT is also used for the instrument in writing, which serves as a proof of the consent granted, and the obligation passed between the parties.
Among the ancient Romans, contracts, and all voluntary acts, were written, either by the parties themselves, or by one of the witnesses, or by a domestic secretary of one of the parties, whom they called a notary, but who was no public person as among us.
The contract, when finished, was carried to the magistrate, who gave it a public authority by receiving it inter aëta, into the number of acts under his jurisdiction; giving each of the parties a copy thereof, transcribed by his clerks or domestic registers, and sealed with his seal. Which practice passed into France, where it obtained a long time.