Legal Definitions - epistle

In legal history, an epistle refers to two distinct types of formal written documents:

• First, particularly in Roman and civil law, it was a formal written reply or instruction issued by a high authority, such as an emperor or a senior official, in response to an inquiry or petition from a magistrate or another official body.
• Second, historically, it also referred to a written legal instrument, similar to a charter or deed, used to convey ownership of lands or to formally guarantee the terms of a contract.

Here are some examples to illustrate these uses:

• Imagine a Roman provincial governor facing a complex legal dispute regarding inheritance rights for a non-citizen. Unsure how to apply imperial law, the governor sends a formal request for clarification to the Emperor. The Emperor's official written response, providing a definitive legal interpretation and instructions for the governor, would be considered an epistle.

  This example demonstrates an epistle as a formal reply from a supreme authority to a subordinate official seeking legal guidance within the Roman legal system.

• Consider a scenario in 15th-century Europe where a monarch wished to grant a significant tract of land to a loyal noble family as a reward for their service. The formal, written document that legally transferred the ownership of this land, detailing its boundaries and any associated rights or obligations, would have been referred to as an epistle.

  This illustrates the historical use of an epistle as a legal instrument for conveying land, much like a modern deed or charter.

• Suppose two powerful merchant guilds in a medieval city wanted to formalize a long-term agreement for the exclusive trade of specific goods. To ensure the terms were legally binding and clear, they would draft a detailed written document outlining the quantities, prices, delivery schedules, and penalties for non-compliance. This document, serving to assure and enforce their contractual obligations, would have been known as an epistle.

  This example highlights the epistle's role as a historical written instrument used to formally guarantee or assure the terms of a contractual agreement between parties.