Legal Definitions - ad libellum rescribere

Ad libellum rescribere

This Latin phrase, originating from Roman law, describes the act of writing an official response to a formal written request or petition. It most notably refers to the practice where a Roman citizen would submit a petition (a libellus) directly to the emperor, who would then issue a written reply or ruling (a rescript) in response.

Here are some examples illustrating this concept:

• Imagine a Roman citizen, Marcus, who believes his neighbor has illegally encroached upon his land. Marcus drafts a formal petition detailing his grievance and submits it to the imperial administration, hoping for a resolution. The emperor, after reviewing the petition and perhaps consulting with legal experts, issues a written decree clarifying the property boundaries and ordering the neighbor to cease the encroachment. This official written reply from the emperor to Marcus's petition is an act of ad libellum rescribere.

• Consider a group of merchants in a distant province who are facing severe financial hardship due to a recent natural disaster. They collectively write a petition to the emperor, requesting a temporary exemption from certain imperial taxes. Upon receiving and considering their plea, the emperor's chancellery drafts and dispatches an official document granting a limited tax deferral. This formal, written answer to the merchants' request for relief exemplifies the process of ad libellum rescribere.

• Suppose a provincial governor encounters a complex legal situation involving a dispute between two different ethnic groups within his jurisdiction, and the existing Roman law seems unclear on how to proceed. The governor writes a detailed petition to the emperor, seeking imperial guidance and a definitive legal interpretation. The emperor's subsequent written ruling, which clarifies the legal principle and instructs the governor on how to resolve similar cases, is another instance of ad libellum rescribere. It provides an authoritative answer to a specific legal query.