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Actrix suum vadimonium reddidit, sed vir conventus, etsi legitime citatus, absens fuit.
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.
Although in general Rodger's analysis carries great conviction, legitimate doubts may be raised about his interpretation of the purpose of giving vadimonium to appear at the governor's (i.e.
As a preliminary we may note that Rodger assumes, rather than argues, that the parties, when they appeared before the proconsul, in turn made vadimonium to appear in Rome.
If the above account, which accepts Ulpian's claim that proconsuls had complete civil jurisdictional powers, is correct, what then of the procedure of making vadimonium to appear at Rome?(11) This form of vadimonium, which is quite distinct from the use of normal vadimonia in the course of proceedings in lure, is ill-known.(12) Although, as noted above, Lenel ascribed the rubric de vadimonio Romam faciendo to book two of both Ulpian's and Paul's commentaries on the edict, none of the surviving extracts is especially perlucid.(13) However non-juristic evidence is more helpful.
These charters had a common form, but contained minor variations, according to local circumstances, which embraced matters such as (e.g.) the number of decurions or the upper financial limits of the jurisdiction of the local courts.(21) On Rodger's hypothesis we have to believe that litigants not only from Irni, but from every other new Latin municipium in Baetica, had to take their private disputes, when for whatever reason they fell outside the competence of the local courts, via vadimonium first to the tribunal of the proconsul and then via a second vadimonium to Rome.
However, if a dispute fell outside that jurisdiction, the parties had to make vadimonium to appear before the proconsul.
This completes the picture by saying that the daumvir has jurisdiction for promises of vadimonium to the governor in all matters, i.e.