The Syntax of Chapter 84 of the lex Irnitana and the Jurisdictional Limit of the Local Magistrates

Absztrakt

The lex Irnitana, found in 1981 and first published in 1986, contains a detailed description of the local jurisdiction of Roman municipia, thus it is of outstanding importance not only for provincial cities but also for the procedural law of Rome itself. Certain aspects of the regulation, however, raise questions. In the present study I examine the upper limit of local jurisdiction as described in the charter: according to the traditional interpretation, the upper limit of 1,000 sestertii could be overpassed if the parties agreed, whereas more recently (Wolf, Torrent) the view has emerged that the 1,000 sestertii constituted an absolute maximum, which could not be exceeded even with the consent of the parties. In my opinion, the latter view is untenable not only from a legal and logical point of view, but also grammatically.