Legal Definitions - subscriptio

Subscriptio

In Roman law, subscriptio refers to a formal signature or written endorsement, typically placed at the end of a document to authenticate it, confirm agreement, or signify an official decree. It served as a crucial element for validating legal instruments and imperial pronouncements.

• Example 1: Authenticating a Property Sale

  Imagine a Roman citizen, Marcus, selling a plot of land to another citizen, Lucius. After the terms of the sale were meticulously written down on a wax tablet or papyrus scroll, Marcus would apply his subscriptio at the very bottom of the document. This act served as his personal authentication, confirming his agreement to the sale and the transfer of ownership.

• Example 2: An Imperial Legal Ruling

  A provincial governor might send a petition to the Emperor, seeking clarification on a complex legal matter concerning inheritance. The Emperor, after reviewing the petition, would issue a formal written response or decree directly on the document or as an attached note. This official written ruling, bearing the Emperor's authority, would be considered a subscriptio, providing a definitive legal instruction.

• Example 3: Validating a Last Will and Testament

  Consider a wealthy Roman patrician, drafting their last will and testament to distribute their estate among heirs. Roman law, in certain circumstances, required not only the seals of witnesses but also the testator's own subscriptio at the end of the document. This personal signature was an additional layer of authentication, ensuring the will genuinely reflected the testator's final wishes and was legally binding.