Legal Definitions - decreta

In Roman law, decreta refers to official judgments or decisions issued by high-ranking magistrates, particularly the emperor, after a formal investigation or trial.

These decisions were highly significant because the emperor, as the supreme judge, had the authority to interpret existing laws, clarify ambiguous legal points, and even introduce entirely new legal principles. Consequently, decreta served as authoritative precedents, binding for future cases, and were meticulously recorded and referenced by legal scholars throughout the Roman Empire.

Here are some examples illustrating the application of decreta:

• Imagine a complex dispute between two prominent Roman families over the inheritance of a vast estate. Due to the high social standing of the parties and the intricate legal questions involved, the case is brought directly before the emperor for resolution. After hearing evidence and arguments from both sides, the emperor issues a definitive ruling, outlining how the estate should be divided according to his interpretation of inheritance law. This imperial judgment would be considered a decreta, setting a precedent for similar inheritance cases in the future.

• A provincial governor makes a ruling in a local land dispute, but one of the parties believes the governor misapplied a specific Roman statute. They appeal the decision to the emperor, who, as the ultimate judicial authority, reviews the lower court's proceedings and the relevant laws. The emperor then issues a new decision, either upholding the governor's ruling or overturning it with a revised interpretation of the statute. This final imperial decision, clarifying the application of the law, constitutes a decreta.

• During a trial concerning a novel type of commercial contract that was not explicitly covered by existing Roman statutes, the emperor is faced with a legal void. To resolve the case, he formulates a new legal principle governing such agreements, ensuring fairness and order in future commercial dealings. This innovative ruling, which not only resolves the immediate dispute but also establishes a new rule of law for the entire empire, is a prime example of a decreta.