The procedure per rescriptum

Instead of following the usual method for bringing a suit, i.e. by a libellus conventionis, the plaintiff could petition the emperor for a decision on his case. In his application (preces), which had to be submitted in writing (libellus principi oblatus), the plaintiff set out the factual basis of the dispute.

The relevant department of the imperial chancery (scrinium libellorum) examined the case and drafted the decision which was then submitted to the emperor for approval by the quaestor sacri palatii. In his answer (rescriptum) the emperor laid down the solution to the case according to the applicable law, on the understanding that the allegations as to the factual situation contained in the plaintiffs petition were true.^{^[1224]}[1225][1226]Provided that the facts as stated in the petition were not disproved, the judge, who was usually nominated by the same rescriptum, was bound by the imperial decision. Some restrictions on the use of the per rescriptum procedure were introduced by Justinian in order to prevent abuses of the 94

system.

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Source: Mousourakis George. The Historical and Institutional Context of Roman Law. Routledge,2003. — 480 p.. 2003

The procedure per rescriptum

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