Legal Definitions - epistulae

In ancient Roman law, epistulae referred to formal written communications that served as authoritative legal opinions or decisions. These could be either official responses from the Roman emperors on specific legal cases brought before them, or expert legal advice provided by renowned legal scholars (known as juris consulti) in the form of letters to individuals seeking their guidance on complex legal matters.

• Example 1: Imperial Decision on a Property Dispute

  Imagine two Roman citizens, Marcus and Lucius, are involved in a bitter dispute over the rightful ownership of a valuable vineyard that borders their estates. After local magistrates fail to resolve the complex claim, the case is eventually elevated to the emperor for a final ruling. The emperor, after reviewing all evidence and legal arguments, issues a formal written judgment outlining his decision on who rightfully owns the vineyard and the legal reasoning behind it. This official written judgment from the emperor is an epistula.

  This example illustrates an epistula as an opinion given by the emperor in a case submitted to him for decision, providing a definitive legal resolution.

• Example 2: Legal Advice from a Juris Consultus

  Consider a wealthy Roman widow, Cornelia, who wishes to establish a trust for her grandchildren but is unsure about the precise legal requirements under Roman inheritance and family law. She consults Gaius, a highly respected juris consultus known for his expertise in civil law. Gaius, after carefully studying Cornelia's intentions and the relevant statutes, provides her with a detailed written analysis and recommendations on how to legally structure the trust, delivered in the form of a formal letter. This expert legal advice in letter form is an epistula.

  This example demonstrates an epistula as an opinion from a legal scholar (juris consultus) on a question of law, provided in the form of a letter to someone consulting them for guidance.