Legal Definitions - per rescriptum principis

The Latin phrase per rescriptum principis refers to a legal decision or clarification issued directly by the Roman Emperor in response to a specific written request or petition.

In the Roman legal system, individuals, officials, or even judges could submit petitions to the Emperor seeking guidance on legal matters, administrative issues, or requests for special privileges. The Emperor's written reply, known as a "rescript," carried significant authority. These rescripts served to interpret existing laws, resolve ambiguities, grant exceptions, or establish new legal principles, effectively shaping the law and its application throughout the empire.

Here are some examples illustrating how per rescriptum principis would have functioned:

• Imagine a provincial governor in Roman Egypt encountering a complex dispute over inheritance involving local customs that conflicted with Roman statutes. Unsure how to proceed, the governor sends a detailed petition to the Emperor in Rome, requesting a definitive ruling. The Emperor's written reply, issued per rescriptum principis, clarifies which law should take precedence or provides a specific interpretation for such cases. This rescript would then guide the governor's decision and set a precedent for similar situations in the province.

• Consider a group of merchants in Gaul who believe a newly imposed imperial tax on certain goods is unfairly burdensome due to unique local economic conditions. They collectively draft a petition to the Emperor, explaining their plight and requesting an exemption or a reduced tax rate. If the Emperor reviews their petition and issues a formal written response granting their request, that decision would be made per rescriptum principis. This imperial decree would then provide the legal basis for their exemption.

• Suppose a Roman citizen, accused of a crime, believes their case involves an obscure point of law that lower courts have interpreted inconsistently. They might petition the Emperor directly, asking for an authoritative interpretation of that specific legal clause. The Emperor's written response, delivered per rescriptum principis, would provide the definitive legal understanding, which would then be binding on the courts handling the citizen's case and potentially influence future judicial decisions on similar matters.