Legal Definitions - inscriptio

In later Roman law, an inscriptio (plural: inscriptiones) referred to a formal, written accusation that was officially recorded in a public register. A distinctive feature of this legal process was that the person making the accusation (the accuser) faced potential punishment if the individual they accused was found innocent. This system aimed to deter frivolous or malicious accusations by placing a significant risk on the accuser.

• Example 1 (Theft): A Roman citizen, Marcus, believes his neighbor, Lucius, stole a valuable statue from his villa. Marcus goes to the appropriate magistrate and formally writes down his accusation against Lucius, detailing the alleged theft. This written accusation is then entered into the official public records. If Lucius is later tried and acquitted because there isn't enough evidence, Marcus could face penalties for making an unfounded accusation.

  Explanation: This illustrates an inscriptio because Marcus's accusation is written, formal, and recorded in an official register. The potential punishment for Marcus if Lucius is acquitted highlights the accuser's liability inherent in the inscriptio system.

• Example 2 (Bribery of an Official): A merchant, Julia, suspects a local provincial governor, Decimus, of accepting bribes to favor certain businesses. Julia decides to bring a formal charge against Decimus. She prepares a detailed written statement outlining her allegations of corruption, which is then formally submitted and recorded in the official legal archives. Should Decimus successfully defend himself against these charges and be declared innocent, Julia herself could be subjected to a penalty for bringing a false accusation against a public official.

  Explanation: Here, Julia's detailed written statement against Decimus, officially submitted and recorded, constitutes an inscriptio. The risk she takes—facing punishment if Decimus is acquitted—is a core element of this legal concept, designed to ensure accusations were made responsibly.

• Example 3 (Assault): A soldier, Gaius, accuses another soldier, Titus, of assaulting him during a training exercise. Gaius formally drafts his complaint, describing the incident and naming Titus as the perpetrator. This written complaint is then officially logged in the military's legal register. If, after an investigation or trial, Titus is cleared of the assault charges, Gaius might be disciplined or punished for making a false accusation, reflecting the deterrent aspect of the inscriptio.

  Explanation: Gaius's formal, written complaint, officially logged, is an inscriptio. The potential for Gaius to be disciplined if Titus is acquitted demonstrates the accuser's liability, which was a critical feature of this type of formal accusation in Roman law.