Resumen de La lex rivi Hiberiensis:: domande allo storico del processo romano
- italiano
The Bronze of Agón looks particularly interesting for the historian of Roman law. The present essay aims at illustrating the highly important novel elements offered by this document for a new understanding and advance of our knowledge about Roman processual history. Pars. 10-16 of the epigraphic text describe the processual tools (vadimonium, iusiurandum and formula) established in the lex paganica and ratified by the Roman autorithy to protect the complex organization and management of the water supply network stemming from the rivus Hiberiensis Capitonianus. These new elements not only enrich our previous knowledge through clear-cut textual references, which were lacking so far, but they are also even more important in relation to the site and time they belong to: a provincia Caesaris under Adrianus imperator. According to the communis opinio, the formulae did not extend to a provincia Caesaris, but this statement is clearly contradicted by the lex rivi Hiberiensis. Based on these data, the application of both the formulae and trial seem much more extensive than previously thought; in addiction to his nex model supplies are thinking of all the links existing between the formular process and the cognitio extra ordinem.
- English
The Bronze of Agón offers many reasons of interest for the historian of Roman law. The aim of this work is to show the important elements of novelty that the document brings to the reconstruction of the history of the trial. In it (SS 10-16) are referred to the procedural instruments established in the lex paganica and ratified by the Roman authority to protect the complex organization and management of the water network connected to the rivus Hiberiensis Capitonianus: these are vadimonium, iusiurandum and the actual text of a procedural formula. These epigraphic data are not only important because they enrich our knowledge of precise textual references, once missing, but above all they are important in reference to the place and time to which they are ascribed: an imperial province of the Hadrianic age. This contradicts the still dominant opinion – which tends to exclude formulas in a province Caesaris – extends the importance of the formulary model and its rite well beyond the commonly held limits and provides further elements for a reconsideration of the influences and implications between the formulary process and the cognito extra ordinem.
