Legal Definitions - libellus conventionis

In ancient Roman law, a libellus conventionis was the formal written document submitted by a plaintiff (the person bringing a lawsuit) to a magistrate (a judicial official). This document served as the initial statement of the plaintiff's legal claim against a defendant (the person being sued). It clearly outlined the plaintiff's rights, explained how those rights were allegedly violated, and detailed the specific circumstances of the dispute. Once reviewed by the magistrate, this petition would then be officially delivered to the defendant, formally notifying them of the lawsuit and the allegations against them. It is comparable to a modern-day complaint or statement of claim, which initiates a civil lawsuit.

Here are some examples to illustrate the concept:

• Property Dispute: Imagine a Roman citizen named Marcus who believes his neighbor, Lucius, has illegally diverted water from a shared aqueduct, causing Marcus's fields to dry up. Marcus would submit a libellus conventionis to the appropriate magistrate. In this document, Marcus would state his right to a fair share of the aqueduct's water, describe how Lucius's actions violated this right (by diverting the water), and detail the resulting damage to his crops. The magistrate would then ensure this formal complaint reached Lucius, initiating the legal process.

• Contractual Breach: Consider a Roman merchant, Julia, who had an agreement with another merchant, Brutus, to deliver a specific quantity of olive oil by a certain date. Brutus failed to deliver the oil, causing Julia significant financial loss. Julia would prepare a libellus conventionis for the magistrate. Her document would assert her contractual right to receive the olive oil, explain Brutus's failure to uphold his end of the agreement, and specify the financial harm she suffered. This formal statement would then be served upon Brutus, informing him of Julia's legal action and the basis of her claim.

• Damage to Goods: Suppose a citizen, Claudia, discovers that her valuable pottery, intended for sale, was deliberately damaged by a rival artisan, Octavia, out of malice. Claudia would present a libellus conventionis to the magistrate. In it, she would articulate her right to the undisturbed enjoyment and value of her property, describe how Octavia's actions constituted a violation of that right through vandalism, and detail the financial loss incurred due to the damaged goods. The magistrate would then arrange for this formal accusation to be delivered to Octavia, requiring her to respond to the allegations.