Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
The third mode of utterance is by means of the letter (_epistola_) or
rescript (_rescriptum_).[1816] These letters contained instructions
either on administrative or on judicial matters. In their first character
they might be addressed either to individual officials subordinate to the
Emperor or to the provincial diet,[1817] the scope of their application
depending on the Emperor’s discretion at the time of the issue, and
on the interpretation of the rescript after his death. In matters of
justice, whether addressed to the judge or to the litigant, they might
settle doubtful points of law or extend a principle to new cases. The
power of interpretation is at least as great in the rescript as in the
edict; but the rescript was the more powerful vehicle for law-making.
It kept the Princeps in constant touch with the provincial world, and
was the chief mode in which the uniformity of its administration and its
law was moulded. The rescripts also had, on account of the precision and
permanence of their form, a more unquestioned validity, as perpetual
enactments, than either the edict or the decree. When the _acta_ of an
emperor are referred to, it is chiefly these, together with the charters
or privileges (_leges datae_, _beneficia_) that he may have conferred on
states, that are intended. The rescripts might be elicited either by the
_consultatio_ of a doubtful official who was subordinated, either as an
administrator or as a judge, to the Emperor, or they might be written in
answer to the petition (_libellus_, _supplicatio_) of one of the parties
to a suit. In the latter case they were often a convenient substitute for
the personal appearance of the appellant in the Emperor’s court.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account