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The Lex Irnitana, ch. 84, the promise of vadimonium and the jurisdiction of proconsuls

In an important recent article, A. Rodger expounded a cogent analysis of ch. 84 of the Lex Irnitana and especially of the logic of its account of the limits of the jurisdiction of the duumviri (lines 1–25). He sums up (p. 150) his analysis of the jurisdiction of the duumviri as follows: ‘the picture which emerges is coherent, as we should expect. The duumvir has jurisdiction in cases up to 1,000 sesterces. In such cases the plaintiff may insist on his case being heard locally unless it falls into one of the exempted categories. In that event, unless both parties agree, the duumvir will have jurisdiction only for vadimonium to be made to the governor who will in turn deal with vadimonium for a hearing before the praetor in Rome. If on the other hand both parties concur, the duumvir will have jurisdiction in exempted actions of up to 1,000 sesterces, the only exception being cases where an issue of free status arises. If such an issue does arise, the jurisdiction of the duumvir is restricted to dealing with vadimonium to the governor. In cases over 1,000 sesterces the duumvir has no jurisdiction unless both parties agree. If the parties do not agree, again the duumvir has jurisdiction only for vadimonium to the governor. If, however, the parties do agree, the duumvir has jurisdiction in all matters except again where an issue of free status arises. If that issue arises, he has jurisdiction only for the vadimonium to the governor.’