Legal Definitions - supplicatio

In Roman law, a supplicatio referred to a formal petition or request made directly to the Emperor, bypassing the usual legal channels. It was typically used in situations where standard court procedures were deemed insufficient, unfair, or unavailable.

Specifically, a supplicatio could be:

• A request for the Emperor to decide a case directly, even if it hadn't gone through the regular courts yet, or to reopen a case where no further appeals were normally permitted. This was often sought when a petitioner believed they could not receive justice through the ordinary system, perhaps due to the power or influence of an opponent, or if the petitioner themselves was of too high a rank for a common court.
• A plea for a pardon, especially for a first offense.

Here are some examples illustrating the concept of a supplicatio:

• Example 1: Seeking Justice Against a Powerful Adversary

  Imagine a small artisan in a Roman province whose workshop was unfairly seized by a wealthy and politically connected senator. The local magistrate, fearing repercussions from the senator, has been reluctant to rule impartially. Feeling that the standard legal process is compromised, the artisan might submit a supplicatio directly to the Emperor. This petition would explain the injustice and the local magistrate's bias, asking the Emperor to intervene personally or assign a special delegate to ensure a fair hearing, thereby bypassing the corrupted local court system.

• Example 2: Appealing an Unappealable Decision

  Consider a merchant whose cargo ship was impounded and its goods confiscated by a naval prefect under a rarely invoked and ambiguous maritime regulation. The prefect's decision, according to the law, is final and not subject to standard appeals through the provincial courts. Believing the regulation was misapplied and the confiscation unjust, the merchant could present a supplicatio to the Emperor. This would be a direct appeal to the highest authority to review the unique circumstances of the case and potentially overturn a decision that otherwise had no legal recourse.

• Example 3: Petitioning for a Pardon

  Suppose a young soldier, new to the legions, commits a minor infraction, such as a petty theft of rations due to extreme hunger during a difficult campaign. While the military code dictates a harsh punishment, his commanding officer recognizes it as a first offense and an act of desperation rather than malice. The officer, or even the soldier's family, might draft a supplicatio to the Emperor, detailing the circumstances, the soldier's otherwise good record, and pleading for a pardon or a significantly reduced sentence, appealing directly for imperial clemency.