Did Romans regard plague as force majeure?

The following paper analyses juridical and non-juridical sources in search of an answer to the question of whether ancient Romans regarded plagues as force majeure (vis maior). The answer can be useful in the modern discourse on the nature of coronavirus and its legal qualification, as it provides a historical argument that a pandemic constitutes force majeure. The non-juridical sources indeed confirm that the plague was regarded as such and this view could be influenced by the conviction that the disease was sent by gods. In principle, the juridical sources, even those expressly referring to force majeure, do not tackle that issue nor mention plague as force majeure. It proves that plagues were not regarded as typical instances of force majeure in juridical reasoning. The silence of the juridical sources on this matter can be explained by the relatively narrow scope of the application of the vis maior concept. Only the rescript of Diocletian's will (testamentum pestis tempore conditum) made during the plague and issued in 290 can be seen as evidence thatpestis was regarded as casus maior.