Selected messages in Nova-Roma group. Mar 1-14, 2005

Group: Nova-Roma Message: 33916 From: Lucia Cassia Silvana Date: 2005-03-01
Subject: Re: Latin - Songtext (Translation)
Group: Nova-Roma Message: 33917 From: Aurelia.iulia.pulchra Date: 2005-03-01
Subject: Elections of the Aediles Urbis
Group: Nova-Roma Message: 33918 From: Gnaeus Salvius Astur Date: 2005-03-01
Subject: IVS·IVRANDVM
Group: Nova-Roma Message: 33919 From: P. Rutilius Bardulus Hadrianus Date: 2005-03-01
Subject: Oppidum Complutum: diribitio comitiorum.
Group: Nova-Roma Message: 33921 From: PVBLIVS ÆLIVS BÆTICVS PERTINAX Date: 2005-03-01
Subject: IVS IVRANDVM
Group: Nova-Roma Message: 33922 From: A. Apollonius Cordus Date: 2005-03-01
Subject: Re: Fuscus on Gentes and Familiae
Group: Nova-Roma Message: 33925 From: Flavia Scholastica Date: 2005-03-02
Subject: Re: Senate Session results
Group: Nova-Roma Message: 33927 From: Manius Constantinus Serapio Date: 2005-03-03
Subject: Conventus Novae Romae - NEW WEBSITE
Group: Nova-Roma Message: 33928 From: M Flavius Aurelius Date: 2005-03-03
Subject: Seeking Caius Flavius Diocletianus
Group: Nova-Roma Message: 33929 From: quintuscassiuscalvus Date: 2005-03-03
Subject: Re: Conventus Novae Romae - NEW WEBSITE
Group: Nova-Roma Message: 33930 From: Manius Constantinus Serapio Date: 2005-03-04
Subject: Re: Conventus Novae Romae - NEW WEBSITE
Group: Nova-Roma Message: 33932 From: Titus Arminius Flavus Date: 2005-03-04
Subject: Introducing Myself
Group: Nova-Roma Message: 33933 From: iulius sabinus Date: 2005-03-04
Subject: Re: Conventus Novae Romae - NEW WEBSITE
Group: Nova-Roma Message: 33935 From: Lucius Arminius Faustus Date: 2005-03-04
Subject: Re: Introducing Myself
Group: Nova-Roma Message: 33936 From: Jack the Ripper Date: 2005-03-04
Subject: Rif: [Nova-Roma] Conventus Novae Romae - NEW WEBSITE
Group: Nova-Roma Message: 33937 From: A. Apollonius Cordus Date: 2005-03-04
Subject: Short absence
Group: Nova-Roma Message: 33938 From: Quintus Lanius Paulinus (Michael Kelly) Date: 2005-03-04
Subject: Re: Introducing Myself
Group: Nova-Roma Message: 33939 From: Gnaeus Equitius Marinus Date: 2005-03-04
Subject: Re: Introducing Myself
Group: Nova-Roma Message: 33940 From: Publius Minius Albucius Date: 2005-03-04
Subject: Comitium Populi results
Group: Nova-Roma Message: 33941 From: gaiusequitiuscato Date: 2005-03-04
Subject: Re: Comitium Populi results
Group: Nova-Roma Message: 33942 From: Publius Minius Albucius Date: 2005-03-05
Subject: Re: Comitium Populi results
Group: Nova-Roma Message: 33943 From: Maior Date: 2005-03-05
Subject: Re: Comitium Populi results
Group: Nova-Roma Message: 33944 From: Maior Date: 2005-03-05
Subject: Fwd: Re: Official Call for the Comita Plebis Tribuna
Group: Nova-Roma Message: 33946 From: Domitius Constantinus Fuscus Date: 2005-03-05
Subject: Intercessio (was: Re: [Nova-Roma] Fwd: Re: Official Call for the C
Group: Nova-Roma Message: 33947 From: rory kirshner Date: 2005-03-05
Subject: Re: calling the Comitia Plebis Tributa
Group: Nova-Roma Message: 33948 From: Maior Date: 2005-03-05
Subject: Re: Official Call for the Comita Plebis Tributa
Group: Nova-Roma Message: 33950 From: gaiusequitiuscato Date: 2005-03-06
Subject: The Tribunate and the Vetoed call for the CPT
Group: Nova-Roma Message: 33951 From: Q. Caecilius Metellus Date: 2005-03-06
Subject: Re: The Tribunate and the Vetoed call for the CPT
Group: Nova-Roma Message: 33952 From: gaiusequitiuscato Date: 2005-03-06
Subject: Re: The Tribunate and the Vetoed call for the CPT
Group: Nova-Roma Message: 33953 From: quintuscassiuscalvus Date: 2005-03-06
Subject: Re: Comitium Populi results
Group: Nova-Roma Message: 33955 From: Timothy P. Gallagher Date: 2005-03-07
Subject: Re: The Tribunate and the Vetoed call for the CPT
Group: Nova-Roma Message: 33956 From: gaiusequitiuscato Date: 2005-03-07
Subject: Re: The Tribunate and the Vetoed call for the CPT
Group: Nova-Roma Message: 33957 From: Lucius Arminius Faustus Date: 2005-03-07
Subject: Re: Comitium Populi results
Group: Nova-Roma Message: 33958 From: A. Apollonius Cordus Date: 2005-03-07
Subject: Re: The Tribunate and the Vetoed call for the CPT
Group: Nova-Roma Message: 33959 From: A. Apollonius Cordus Date: 2005-03-07
Subject: Re: Comitium Populi results
Group: Nova-Roma Message: 33960 From: Lucius Arminius Faustus Date: 2005-03-07
Subject: Edictum Praetoricium IV
Group: Nova-Roma Message: 33961 From: Quintus Lanius Paulinus (Michael Kelly) Date: 2005-03-07
Subject: Re: The Tribunate and the Vetoed call for the CPT
Group: Nova-Roma Message: 33962 From: gaiuspopilliuslaenas Date: 2005-03-07
Subject: Re: The Tribunate and the Vetoed call for the CPT
Group: Nova-Roma Message: 33963 From: Lucius Arminius Faustus Date: 2005-03-07
Subject: CORRECTION: Re: Edictum Praetoricium IV
Group: Nova-Roma Message: 33964 From: gaiusequitiuscato Date: 2005-03-07
Subject: Re: The Tribunate and the Vetoed call for the CPT
Group: Nova-Roma Message: 33965 From: Carlos Ferreira Date: 2005-03-07
Subject: Horse Hair Crests
Group: Nova-Roma Message: 33966 From: Gnaeus Equitius Marinus Date: 2005-03-07
Subject: Re: Horse Hair Crests
Group: Nova-Roma Message: 33967 From: Timothy P. Gallagher Date: 2005-03-07
Subject: Re: The Tribunate and the Vetoed call for the CPT
Group: Nova-Roma Message: 33968 From: Publius Minius Albucius Date: 2005-03-07
Subject: Comitium Plebis results - Welcome to our new Aedilis Plebis !
Group: Nova-Roma Message: 33969 From: quintuscassiuscalvus Date: 2005-03-07
Subject: The Comitia Curiata
Group: Nova-Roma Message: 33970 From: quintuscassiuscalvus Date: 2005-03-07
Subject: Re: Comitium Plebis results - Welcome to our new Aedilis Plebis !
Group: Nova-Roma Message: 33972 From: André Cidade Date: 2005-03-08
Subject: Oath for apparitoria
Group: Nova-Roma Message: 33973 From: iulius sabinus Date: 2005-03-08
Subject: IWD
Group: Nova-Roma Message: 33974 From: rexmarciusnr Date: 2005-03-08
Subject: Re: The Tribunate and the Vetoed call for the CPT
Group: Nova-Roma Message: 33975 From: gaiusequitiuscato Date: 2005-03-08
Subject: Re: The Tribunate and the Vetoed call for the CPT
Group: Nova-Roma Message: 33976 From: Doris Date: 2005-03-08
Subject: Report from Group Aquilaheliaca
Group: Nova-Roma Message: 33977 From: rexmarciusnr Date: 2005-03-08
Subject: Re: The Tribunate and the Vetoed call for the CPT
Group: Nova-Roma Message: 33978 From: gaiusequitiuscato Date: 2005-03-08
Subject: Re: The Tribunate and the Vetoed call for the CPT
Group: Nova-Roma Message: 33979 From: mfalco1 Date: 2005-03-08
Subject: Re: The Tribunate and the Vetoed call for the CPT
Group: Nova-Roma Message: 33980 From: Timothy P. Gallagher Date: 2005-03-08
Subject: Re: The Tribunate and the Vetoed call for the CPT
Group: Nova-Roma Message: 33981 From: Q. Caecilius Metellus Date: 2005-03-08
Subject: Re: The Tribunate and the Vetoed call for the CPT
Group: Nova-Roma Message: 33982 From: mfalco1 Date: 2005-03-08
Subject: Re: The Tribunate and the Vetoed call for the CPT
Group: Nova-Roma Message: 33983 From: gaiusequitiuscato Date: 2005-03-08
Subject: The Entire Argument
Group: Nova-Roma Message: 33984 From: Timothy P. Gallagher Date: 2005-03-08
Subject: Re: The Entire Argument
Group: Nova-Roma Message: 33986 From: A. Apollonius Cordus Date: 2005-03-09
Subject: Re: Comitium Plebis results - Welcome to our new Aedilis Plebis !
Group: Nova-Roma Message: 33987 From: rexmarciusnr Date: 2005-03-09
Subject: Re: The Entire Argument
Group: Nova-Roma Message: 33988 From: Maior Date: 2005-03-09
Subject: Re: The Entire Argument
Group: Nova-Roma Message: 33989 From: gaiuspopilliuslaenas Date: 2005-03-09
Subject: Re: The Entire Argument
Group: Nova-Roma Message: 33990 From: pompeia_minucia_tiberia Date: 2005-03-09
Subject: Re: The Entire Argument
Group: Nova-Roma Message: 33991 From: Manius Constantinus Serapio Date: 2005-03-09
Subject: Interview the Expert - Prof. Andrew Lintott
Group: Nova-Roma Message: 33992 From: Maior Date: 2005-03-09
Subject: Re: The Entire Argument
Group: Nova-Roma Message: 33993 From: pompeia_minucia_tiberia Date: 2005-03-09
Subject: Re: The Entire Argument
Group: Nova-Roma Message: 33994 From: Maior Date: 2005-03-09
Subject: Re: The Entire Argument
Group: Nova-Roma Message: 33995 From: Lucius Iulius Date: 2005-03-09
Subject: Re: Interview the Expert - Prof. Andrew Lintott
Group: Nova-Roma Message: 33996 From: gaiusequitiuscato Date: 2005-03-09
Subject: Re: The Entire Argument
Group: Nova-Roma Message: 33997 From: A. Apollonius Cordus Date: 2005-03-09
Subject: Two legal tangents (WAS: The Entire Argument)
Group: Nova-Roma Message: 33999 From: Timothy P. Gallagher Date: 2005-03-10
Subject: Re: The Entire Argument
Group: Nova-Roma Message: 34000 From: rexmarciusnr Date: 2005-03-10
Subject: Re: The Entire Argument
Group: Nova-Roma Message: 34001 From: Domitius Constantinus Fuscus Date: 2005-03-10
Subject: Thoughts about the tribunes and a welcome to the Neo-Bon (was: Re:
Group: Nova-Roma Message: 34002 From: Domitius Constantinus Fuscus Date: 2005-03-10
Subject: A thought about the tribunes and a welcome to the Neo-Bon (was: Re
Group: Nova-Roma Message: 34003 From: Lucius Arminius Faustus Date: 2005-03-10
Subject: Re: The Entire Argument
Group: Nova-Roma Message: 34004 From: gaiusequitiuscato Date: 2005-03-10
Subject: Re: The Entire Argument
Group: Nova-Roma Message: 34005 From: A. Apollonius Cordus Date: 2005-03-10
Subject: Re: The Entire Argument
Group: Nova-Roma Message: 34006 From: A. Apollonius Cordus Date: 2005-03-10
Subject: Re: Thoughts about the tribunes and a welcome to the Neo-Bon (was:
Group: Nova-Roma Message: 34007 From: Q. Caecilius Metellus Date: 2005-03-10
Subject: The Vacant Tribunate
Group: Nova-Roma Message: 34008 From: Maior Date: 2005-03-10
Subject: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34009 From: gaiusequitiuscato Date: 2005-03-10
Subject: A thought about the tribunes and a welcome to the Neo-Bon (was: Re
Group: Nova-Roma Message: 34010 From: Q. Caecilius Metellus Date: 2005-03-10
Subject: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34011 From: Timothy P. Gallagher Date: 2005-03-10
Subject: welcome to the Neo-Bon
Group: Nova-Roma Message: 34012 From: Maior Date: 2005-03-10
Subject: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34013 From: Publius Minius Albucius Date: 2005-03-10
Subject: Re: Neo-Bon, bunnies and Easter
Group: Nova-Roma Message: 34014 From: gaiusequitiuscato Date: 2005-03-10
Subject: Re: Neo-Bon, bunnies and Easter
Group: Nova-Roma Message: 34015 From: S E M Troianus Date: 2005-03-10
Subject: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34016 From: S E M Troianus Date: 2005-03-10
Subject: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34017 From: Maior Date: 2005-03-10
Subject: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34018 From: gaiusequitiuscato Date: 2005-03-10
Subject: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34019 From: rexmarciusnr Date: 2005-03-11
Subject: Re: The Entire Argument
Group: Nova-Roma Message: 34020 From: rexmarciusnr Date: 2005-03-11
Subject: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34021 From: QFabiusMaxmi@aol.com Date: 2005-03-11
Subject: Re: Thoughts about the tribunes and a welcome to the Neo-Bon (was:
Group: Nova-Roma Message: 34022 From: Publius Minius Albucius Date: 2005-03-11
Subject: Unveiling Easter bunnies secrets
Group: Nova-Roma Message: 34024 From: gaiusequitiuscato Date: 2005-03-11
Subject: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34025 From: Diana Aventina Date: 2005-03-11
Subject: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34026 From: rexmarciusnr Date: 2005-03-11
Subject: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34027 From: Diana Aventina Date: 2005-03-11
Subject: Re: a welcome to the Neo-Bon
Group: Nova-Roma Message: 34028 From: gaiusequitiuscato Date: 2005-03-11
Subject: Thoughts about the tribunes and a welcome to the Neo-Bon (was: Re:
Group: Nova-Roma Message: 34029 From: gaiusequitiuscato Date: 2005-03-11
Subject: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34030 From: pompeia_minucia_tiberia Date: 2005-03-11
Subject: Re: The Entire Argument
Group: Nova-Roma Message: 34031 From: pompeia_minucia_tiberia Date: 2005-03-11
Subject: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34032 From: gaiusequitiuscato Date: 2005-03-11
Subject: Cato To senatrix Pompeia
Group: Nova-Roma Message: 34033 From: P. Minucia Tiberia Date: 2005-03-11
Subject: Re: Fwd: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34034 From: Q. Caecilius Metellus Date: 2005-03-11
Subject: Re: The Entire Argument
Group: Nova-Roma Message: 34035 From: Maior Date: 2005-03-11
Subject: Re: The Entire Argument - historical reference
Group: Nova-Roma Message: 34036 From: Maior Date: 2005-03-11
Subject: Thoughts about the tribunes and a welcome to the Neo-Bon (was: Re:
Group: Nova-Roma Message: 34037 From: gaiusequitiuscato Date: 2005-03-11
Subject: Fwd: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34038 From: S E M Troianus Date: 2005-03-11
Subject: Re: Cato To senatrix Pompeia
Group: Nova-Roma Message: 34039 From: S E M Troianus Date: 2005-03-11
Subject: Re: a welcome to the Neo-Bon
Group: Nova-Roma Message: 34040 From: A. Apollonius Cordus Date: 2005-03-11
Subject: Re: The Entire Argument
Group: Nova-Roma Message: 34041 From: George Date: 2005-03-11
Subject: OT-Thornborough challenge!
Group: Nova-Roma Message: 34042 From: mfalco1 Date: 2005-03-11
Subject: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34043 From: Maior Date: 2005-03-11
Subject: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34044 From: Timothy P. Gallagher Date: 2005-03-11
Subject: Re: Fwd: Re: The Vacant Tribunate part 35
Group: Nova-Roma Message: 34045 From: quintuscassiuscalvus Date: 2005-03-11
Subject: My apologies
Group: Nova-Roma Message: 34046 From: QFabiusMaxmi@aol.com Date: 2005-03-11
Subject: Re: Thoughts about the tribunes and a welcome to the Neo-Bon (wa...
Group: Nova-Roma Message: 34047 From: Maior Date: 2005-03-11
Subject: Re: Thoughts about the tribunes and a welcome to the Neo-Bon (wa...
Group: Nova-Roma Message: 34048 From: Maior Date: 2005-03-11
Subject: Lex on magistrate's resignation
Group: Nova-Roma Message: 34049 From: gaiusequitiuscato Date: 2005-03-11
Subject: Re: Lex on magistrate's resignation
Group: Nova-Roma Message: 34050 From: gaiusequitiuscato Date: 2005-03-11
Subject: Re: Lex on magistrate's resignation (Version 2.0)
Group: Nova-Roma Message: 34051 From: pompeia_minucia_tiberia Date: 2005-03-12
Subject: Fwd: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34052 From: pompeia_minucia_tiberia Date: 2005-03-12
Subject: Re: The Entire Argument
Group: Nova-Roma Message: 34053 From: P. Rutilius Bardulus Hadrianus Date: 2005-03-12
Subject: Re: Fuscus on Gentes and Familiae
Group: Nova-Roma Message: 34054 From: gaiusequitiuscato Date: 2005-03-12
Subject: Fwd: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34056 From: Kristoffer From Date: 2005-03-12
Subject: Re: Lex on magistrate's resignation (Version 2.0)
Group: Nova-Roma Message: 34057 From: gaiusequitiuscato Date: 2005-03-12
Subject: Re: Lex on magistrate's resignation (Version 2.0)
Group: Nova-Roma Message: 34058 From: Kristoffer From Date: 2005-03-12
Subject: Re: Lex on magistrate's resignation (Version 2.0)
Group: Nova-Roma Message: 34059 From: A. Apollonius Cordus Date: 2005-03-12
Subject: Re: Lex on magistrate's resignation
Group: Nova-Roma Message: 34060 From: A. Apollonius Cordus Date: 2005-03-12
Subject: Re: Fuscus on Gentes and Familiae
Group: Nova-Roma Message: 34061 From: Publius Minius Albucius Date: 2005-03-12
Subject: Re: Lex on (magistrate's) resignation
Group: Nova-Roma Message: 34062 From: Timothy P. Gallagher Date: 2005-03-12
Subject: Re: Lex on magistrate's resignation
Group: Nova-Roma Message: 34063 From: Timothy P. Gallagher Date: 2005-03-12
Subject: Re: Lex on magistrate's resignation (Version 2.0)
Group: Nova-Roma Message: 34064 From: Timothy P. Gallagher Date: 2005-03-12
Subject: Polls?
Group: Nova-Roma Message: 34065 From: gaiusequitiuscato Date: 2005-03-12
Subject: Re: Polls?
Group: Nova-Roma Message: 34066 From: gaiusequitiuscato Date: 2005-03-12
Subject: Re: Lex on magistrate's resignation (Version 2.0)
Group: Nova-Roma Message: 34067 From: pompeia_minucia_tiberia Date: 2005-03-12
Subject: Fwd: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34068 From: gaiusequitiuscato Date: 2005-03-12
Subject: Fwd: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34069 From: Maior Date: 2005-03-12
Subject: Re: Lex on magistrate's resignation
Group: Nova-Roma Message: 34070 From: Maior Date: 2005-03-12
Subject: Re: Polls?
Group: Nova-Roma Message: 34071 From: QFabiusMaxmi@aol.com Date: 2005-03-12
Subject: Re: Fwd: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34072 From: Timothy P. Gallagher Date: 2005-03-12
Subject: Re: Polls?
Group: Nova-Roma Message: 34073 From: gaiusequitiuscato Date: 2005-03-12
Subject: Re: Lex on magistrate's resignation
Group: Nova-Roma Message: 34074 From: Maior Date: 2005-03-12
Subject: Re: Polls?
Group: Nova-Roma Message: 34076 From: QFabiusMaxmi@aol.com Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
Group: Nova-Roma Message: 34077 From: A. Apollonius Cordus Date: 2005-03-13
Subject: Should resignation of citizenship be possible? (WAS: Lex on (magist
Group: Nova-Roma Message: 34078 From: Timothy P. Gallagher Date: 2005-03-13
Subject: Re: Should resignation of citizenship be possible? (WAS: Lex on (ma
Group: Nova-Roma Message: 34079 From: A. Apollonius Cordus Date: 2005-03-13
Subject: Re: Fwd: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34080 From: A. Apollonius Cordus Date: 2005-03-13
Subject: Re: Polls?
Group: Nova-Roma Message: 34081 From: A. Apollonius Cordus Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
Group: Nova-Roma Message: 34082 From: gaiusequitiuscato Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
Group: Nova-Roma Message: 34083 From: gaiusequitiuscato Date: 2005-03-13
Subject: Withdrawal of Poll
Group: Nova-Roma Message: 34084 From: Timothy P. Gallagher Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
Group: Nova-Roma Message: 34085 From: quintuscassiuscalvus Date: 2005-03-13
Subject: Re: Should resignation of citizenship be possible? (WAS: Lex on (ma
Group: Nova-Roma Message: 34086 From: quintuscassiuscalvus Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
Group: Nova-Roma Message: 34087 From: gaiusequitiuscato Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
Group: Nova-Roma Message: 34088 From: pompeia_minucia_tiberia Date: 2005-03-13
Subject: Fwd: Re: The Vacant Tribunate
Group: Nova-Roma Message: 34089 From: Nathan Guiboche Date: 2005-03-13
Subject: Gens Laws
Group: Nova-Roma Message: 34090 From: Caeso Fabius Quintilianus Date: 2005-03-13
Subject: Re: Gens Laws
Group: Nova-Roma Message: 34091 From: iulius sabinus Date: 2005-03-13
Subject: Re: Gens Laws
Group: Nova-Roma Message: 34092 From: Nathan Guiboche Date: 2005-03-13
Subject: Re: Gens Laws
Group: Nova-Roma Message: 34093 From: Nathan Guiboche Date: 2005-03-13
Subject: Re: Gens Laws
Group: Nova-Roma Message: 34094 From: quintuscassiuscalvus Date: 2005-03-13
Subject: Re: Gens Laws
Group: Nova-Roma Message: 34095 From: quintuscassiuscalvus Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
Group: Nova-Roma Message: 34096 From: gaiusequitiuscato Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
Group: Nova-Roma Message: 34097 From: QFabiusMaxmi@aol.com Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
Group: Nova-Roma Message: 34098 From: QFabiusMaxmi@aol.com Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
Group: Nova-Roma Message: 34099 From: STEPHEN GALLAGHER Date: 2005-03-13
Subject: Information Please
Group: Nova-Roma Message: 34100 From: raymond fuentes Date: 2005-03-14
Subject: Re: Information Please
Group: Nova-Roma Message: 34102 From: Marcus Audens Date: 2005-03-14
Subject: "Aquila" -- February Issue, 2005
Group: Nova-Roma Message: 34103 From: gaiuspopilliuslaenas Date: 2005-03-14
Subject: Re: Gens Laws
Group: Nova-Roma Message: 34104 From: Gnaeus Equitius Marinus Date: 2005-03-14
Subject: The status of the socii
Group: Nova-Roma Message: 34105 From: gaiusequitiuscato Date: 2005-03-14
Subject: Re: The status of the socii
Group: Nova-Roma Message: 34106 From: Timothy P. Gallagher Date: 2005-03-14
Subject: Taxes Paid
Group: Nova-Roma Message: 34107 From: A. Apollonius Cordus Date: 2005-03-14
Subject: Re: Fwd: Re: The Vacant Tribunate



Group: Nova-Roma Message: 33916 From: Lucia Cassia Silvana Date: 2005-03-01
Subject: Re: Latin - Songtext (Translation)
Salvete! Many thanks to those who provided translations! I am much
pleased to understand the meaning of the song. I shall now see if I
can hear it somewhere.

And no hard feelings about "Cassius Silvanus." :)

Optime vale!
Group: Nova-Roma Message: 33917 From: Aurelia.iulia.pulchra Date: 2005-03-01
Subject: Elections of the Aediles Urbis
AVRELIA IVLIA PVLCHRA ROGATRIX PRO TEMP AED VRBIS M\' CONST SERAPIONI
PROPRAETORI ITALIAE OMNISBVSQVE SPD
avete,
according to Edictum Propraetoricium Italiae XV DE VRBE ROMAE RATA HABENDA,
the meeting for the elections of the new Aediles Urbis was held, on Feb 25
2004, in Rome.
The following 5 NR citizens (out of 8, according to the Album Civium Urbis)
were present:
1. Aurelia Iulia Pulchra
2. Domitius Constantinus Fuscus
3. Marcus Iulius Perusianus
4. Marcus Quirinus Sulla
5. Publius Flavius Caesar
Caius Ianus Flaminius (guest) was appointed as Presidente dell\'Assemblea
(President of the Assembly) and Aurelia Iulia Pulchra as Rogator.
At the very beginning Domitius Constantinus Fuscus and Marcus Iulius
Perusianus declared their candidacies.
Domitius Constantinus Fuscus and Marcus Iulius Perusianus were elected and
appointed as Aediles Urbis.
Flavius Quirinus Albanus left their charge as Aedilis Urbis, and our special
thanks go to him for his work.

DABAM ROMAE A.D.KAL MARTIIS ANNVS 2758 AVC
(Rome, 03/01/2005).
--
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[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 33918 From: Gnaeus Salvius Astur Date: 2005-03-01
Subject: IVS·IVRANDVM
CN·SALVIVS·ASTVR·QVIRITIBVS·S·P·D

S·V·B·E·E·V

=========================================
OATH OF OFFICE / JURAMENTO / IVS IVRANDVM
=========================================

Ego, Cn. Salvius Astur (Rodrigo Álvarez) hac re ipsa decus Novae Romae
me defensurum, et semper pro populo senatuque Novae Romae acturum esse
sollemniter iuro.

Ego, Cn. Salvius Astur (Rodrigo Álvarez) officio Aedilis Complutensis
accepto, deos deasque Romae in omnibus meae vitae publicae temporibus
me culturum, et virtutes Romanas publica privataque vita me
persecuturum esse iuro.

Ego, Cn. Salvius Astur (Rodrigo Álvarez) Religioni Romanae me
fauturum/am et eam defensurum/am, et numquam contra eius statum
publicum me acturum/am esse, ne quid detrimenti capiat iuro.

Ego, Cn. Salvius Astur (Rodrigo Álvarez) officiis muneris Aedilis
Complutensis me quam optime functurum esse praeterea iuro.

Meo civis Novae Romae honore, coram deis deabusque populi Romani, et
voluntate favoreque eorum, ego munus Aedilis Complutensis una cum
iuribus, privilegiis, muneribus et officiis comitantibus accipio.

Dabam circa Complutum in Hispania, kalendis martiis, anno MMDCCLVIII
ab Urbe condita, Fr. Apulo Caesare et C. Popilio Laenate consulibus.

-------------------------

Yo, Cn. Salvius Astur (Rodrigo Álvarez), por la presente juro
solemnemente enaltecer el honor de Nova Roma y trabajar siempre por
los legítimos intereses del Senado y el Pueblo de Nova Roma.

Como un magistrado de Nova Roma, yo, Cn. Salvius Astur (Rodrigo
Álvarez), juro honrar a los Dioses y Diosas de Roma en mis
actividades públicas, y perseguir las Virtudes Romanas en mi vida
pública y privada.

Yo, Cn. Salvius Astur (Rodrigo Álvarez), juro mantener y
defender la Religión Romana como Religión Estatal de Nova Roma, y
nunca actuar de manera que pueda resultar amenazada su condición de
Religión del Estado.

Yo, Cn. Salvius Astur (Rodrigo Álvarez), juro proteger y
defender la Constitución de Nova Roma.

Yo, Cn. Salvius Astur (Rodrigo Álvarez), juro además cumplir
con las obligaciones y responsabilidades del cargo de AEDILIS
COMPLVTENSIS, poniendo en ello toda mi capacidad y habilidades.

Por mi honor de ciudadano de Nova Roma, en presencia de los Dioses y
Diosas del Pueblo Romano y por su voluntad y favor, acepto la posición
de AEDILIS COMPLVTENSIS y todos los derechos, privilegios,
obligaciones y responsabilidades que a ella corresponden.

En Hispania, en las kalendas martias del año 2005 de la Era actual, en
el consulado de Fr. Apulus Caesar y C. Popilius Laenas.

-------------------------

I, Cn. Salvius Astur (Rodrigo Álvarez), do hereby solemnly swear
to uphold the honor of Nova Roma, and to act always in the best
interests of the People and the Senate of Nova Roma.

As a magistrate of Nova Roma, I, Cn. Salvius Astur (Rodrigo Álvarez),
swear to honor the Gods and Goddesses of Rome in my
public dealings, and to pursue the Roman Virtues in my public and
private life.

I, Cn. Salvius Astur (Rodrigo Álvarez), swear to uphold and
defend the Religio Romana as the State Religion of Nova Roma and swear
never to act in a way that would threaten its status as the State
Religion.

I, Cn. Salvius Astur (Rodrigo Álvarez), swear to protect and
defend the Constitution of Nova Roma.

I, Cn. Salvius Astur (Rodrigo Álvarez), further swear to
fulfill the obligations and responsibilities of the office of AEDILIS
COMPLVTENSIS to the best of my abilities.

On my honor as a Citizen of Nova Roma, and in the presence of the Gods
and Goddesses of the Roman people and by their will and favor, do I
accept the position of AEDILIS COMPLVTENSIS and all the rights,
privileges, obligations, and responsibilities attendant thereto.

In Hispania Provincia, in the kalends of March, year 2005 of present
Era, in the consulship of Fr. Apulus Caesar and C. Popilius Laenas.

BENE·VALETE·VOS·VESTRIQVE·OMNES

CN·SALVIVS·T·F·A·NEP·OVF·ASTVR·SCRIPSIT
Group: Nova-Roma Message: 33919 From: P. Rutilius Bardulus Hadrianus Date: 2005-03-01
Subject: Oppidum Complutum: diribitio comitiorum.
AEDILES MARCVS ADRIANVS COMPLVTENSIS ET PVBLIVS RVTILIVS
BARDVLVS HADRIANVS, OMNIBVS CIVIBVS OPPIDI COMPLVTI
PEREGRINISQVE, S.P.D.


Diribitio comitiorum ex officio Aedilis Oppidi Compluti
-------------------------------------------------------

According the Edictum Aedilicium VII de Convocatione Novorum
Comitiorum, the comitia oppidiana were held at febrery 12th of
2005 of common era in Madrid. There were the following citizens:

P. Aelius Baeticus Pertinax
A. Minicia Tibula
P. Rutilius Bardulus Hadrianus
Gn. Salvius Astur

There was also the civis T. Minicius Paullus, who was recognized
as member with full rights of the Oppidum Complutum, according
the Edictum Aedilicium III de Inscriptione Civium.

I, P. Rutilius Bardulus Hadrianus, was the rogator of the
election, and A. Minicia Tibula, P. Aelius Baeticus Pertinax and
Gn. Salvius Astur were the candidates to the magistrature. These
were the results:

Gn. Salvius Astur, 5 votes.
P. Aelius Baeticus Pertinax, 4 votes.
A. Minicia Tibula, 1 vote.

Thus I declare Gn. Salvius Astur and P. Aelius Baeticus Pertinax
as elected Aediles of the Oppidum Complutum. They should take
the oath at the kalends of march of this current year in order
to take posession of their office.

May the Gods of Rome shine upon they!

Valete,

P. Rutilius Bardulus Hadrianus
Aedilis Oppidi Compluti



=====
Si vales bene est et gaudeo; ego autem valeo.

P·RVTILIVS·I·F·R·N·CLV·BARDVLVS·HADRIANVS



______________________________________________
Renovamos el Correo Yahoo!: ¡250 MB GRATIS!
Nuevos servicios, más seguridad
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Group: Nova-Roma Message: 33921 From: PVBLIVS ÆLIVS BÆTICVS PERTINAX Date: 2005-03-01
Subject: IVS IVRANDVM
=========================================
OATH OF OFFICE / JURAMENTO / IVS IVRANDVM
=========================================

Ego, P. Aelius Baeticus Pertinax (Juan Antonio Sánchez Ortiz) hac re
ipsa decus Novae Romae
me defensurum, et semper pro populo senatuque Novae Romae acturum esse
sollemniter iuro.

Ego, P. Aelius Baeticus Pertinax (Juan Antonio Sánchez Ortiz) officio
Aedilis Complutensis
accepto, deos deasque Romae in omnibus meae vitae publicae temporibus
me culturum, et virtutes Romanas publica privataque vita me
persecuturum esse iuro.

Ego, P. Aelius Baeticus Pertinax (Juan Antonio Sánchez Ortiz)
Religioni Romanae me
fauturum/am et eam defensurum/am, et numquam contra eius statum
publicum me acturum/am esse, ne quid detrimenti capiat iuro.

Ego, P. Aelius Baeticus Pertinax (Juan Antonio Sánchez Ortiz)
officiis muneris Aedilis
Complutensis me quam optime functurum esse praeterea iuro.

Meo civis Novae Romae honore, coram deis deabusque populi Romani, et
voluntate favoreque eorum, ego munus Aedilis Complutensis una cum
iuribus, privilegiis, muneribus et officiis comitantibus accipio.

Dabam circa Complutum in Hispania, kalendis martiis, anno MMDCCLVIII
ab Urbe condita, Fr. Apulo Caesare et C. Popilio Laenate consulibus.

-------------------------

Yo, P. Aelius Baeticus Pertinax (Juan Antonio Sánchez Ortiz), por la
presente juro
solemnemente enaltecer el honor de Nova Roma y trabajar siempre por
los legítimos intereses del Senado y el Pueblo de Nova Roma.

Como un magistrado de Nova Roma, yo, P. Aelius Baeticus Pertinax
(Juan Antonio Sánchez Ortiz), juro honrar a los Dioses y Diosas de
Roma en mis
actividades públicas, y perseguir las Virtudes Romanas en mi vida
pública y privada.

Yo, P. Aelius Baeticus Pertinax (Juan Antonio Sánchez Ortiz), juro
mantener y
defender la Religión Romana como Religión Estatal de Nova Roma, y
nunca actuar de manera que pueda resultar amenazada su condición de
Religión del Estado.

Yo, P. Aelius Baeticus Pertinax (Juan Antonio Sánchez Ortiz), juro
proteger y
defender la Constitución de Nova Roma.

Yo, P. Aelius Baeticus Pertinax (Juan Antonio Sánchez Ortiz), juro
además cumplir
con las obligaciones y responsabilidades del cargo de AEDILIS
COMPLVTENSIS, poniendo en ello toda mi capacidad y habilidades.

Por mi honor de ciudadano de Nova Roma, en presencia de los Dioses y
Diosas del Pueblo Romano y por su voluntad y favor, acepto la posición
de AEDILIS COMPLVTENSIS y todos los derechos, privilegios,
obligaciones y responsabilidades que a ella corresponden.

En Hispania, en las kalendas martias del año 2005 de la Era actual, en
el consulado de Fr. Apulus Caesar y C. Popilius Laenas.

-------------------------

I, P. Aelius Baeticus Pertinax (Juan Antonio Sánchez Ortiz), do
hereby solemnly swear
to uphold the honor of Nova Roma, and to act always in the best
interests of the People and the Senate of Nova Roma.

As a magistrate of Nova Roma, I, P. Aelius Baeticus Pertinax (Juan
Antonio Sánchez Ortiz),
swear to honor the Gods and Goddesses of Rome in my
public dealings, and to pursue the Roman Virtues in my public and
private life.

I, P. Aelius Baeticus Pertinax (Juan Antonio Sánchez Ortiz), swear to
uphold and
defend the Religio Romana as the State Religion of Nova Roma and swear
never to act in a way that would threaten its status as the State
Religion.

I, P. Aelius Baeticus Pertinax (Juan Antonio Sánchez Ortiz), swear to
protect and
defend the Constitution of Nova Roma.

I, P. Aelius Baeticus Pertinax (Juan Antonio Sánchez Ortiz), further
swear to
fulfill the obligations and responsibilities of the office of AEDILIS
COMPLVTENSIS to the best of my abilities.

On my honor as a Citizen of Nova Roma, and in the presence of the Gods
and Goddesses of the Roman people and by their will and favor, do I
accept the position of AEDILIS COMPLVTENSIS and all the rights,
privileges, obligations, and responsibilities attendant thereto.

In Hispania Provincia, in the kalends of March, year 2005 of present
Era, in the consulship of Fr. Apulus Caesar and C. Popilius Laenas.

Vale

P. AELIVS BAETICVS PERTINAX
Group: Nova-Roma Message: 33922 From: A. Apollonius Cordus Date: 2005-03-01
Subject: Re: Fuscus on Gentes and Familiae
A. Apollónius Cordus P. Rutilió Barduló omnibusque
sal.

> > And see Zulueta's commentary on that passage in
> the
> > Oxford edition:
> > "The right of the gens to succeed in default of
> sui
> > heredes must be older than the Twelve Tables,
> which so
> > far from creating the right seem to have reduced
> it by
> > giving preference to the nearest agnate. But the
> whole
> > subject of the gens and the nature of its
> succession
> > is conjectural. Gaius dismisses it as obsolete,
> and
> > the praetor simply ignored it... In early Rome it
> [the
> > gens] was of very considerable social and even
> > political importance, but by the time of the
> Twelve
> > Tables it was already in decay. Its right of
> > succession may have been in the nature of an
> escheat,
> > by which land, the main form of wealth, went back
> to
> > the body from which it had come. One should not
> infer
> > from the fact that the Twelve Tables said
> gentiles,
> > not gens, that the gentiles succeeded individually
> and
> > not as a corporation, but there is some evidence
> that
> > this was so in later times. Traces of gentilitial
> > succession and tutela are found up to the
> beginning of
> > the Empire, but not later."
>
> [Bardulus] It seems to me that Zulueta is confirming
> what Gaius
> said. I can't see your reasons here, unless you are
> saying that
> you don't believe in your own sources.

Certainly he confirms what Gaius said, but he
contradicts your interpretation of Gaius. You seemed
to be arguing that this passage of Gaius was evidence
that gentés were important and cohesive during the
main republican period. Zulueta, on the contrary,
points out that the gentés, at least with respect to
the law of succession, were "already in decay" by c.
450 B.C., in the very early republican period.

> > You have imported the word "civil" into your
> > translation of "gentílicium jús", but I don't know
> > where you've got it from.
>
> [Bardulus] You know, there are several kinds of
> laws: penal
> laws, political laws, administrative laws,
> mercantile laws,
> *civil* laws and so. Since Gaius talks about
> heritage (and
> Zulueta talks also of tutela), this is *civil* law.

Ah, I see what you mean. I thought you were using
"civil" in its technical sense in Roman law - as you
probably know, jús cívile was the body of Roman law
based on the lex duodecim tabulárum and other legés,
as contrasted with the jús honorárium, for instance.
In this sense, Gaius is not talking about jús cívile,
or at least only partly.

> > "Gentílicium jús" doesn't
> > mean that there was a huge body of law dealing
> with
> > many aspects of the life of the gens - it simply
> means
> > that there were some legal rules (however many or
> few
> > of them there were originally) relating to gentés.
>
> [Bardulus] Yes, and I didn't say any other thing.

Then I am not sure what you are trying to argue. Your
point was originally that gentés were important and
cohesive in republican society. You cited Gaius. I
assumed that you were interpreting Gaius in some way
which would support your argument.

> > Since Gaius' only reference to the gentílicium jús
> is
> > in this context, and since indeed this is pretty
> well
> > the only reference to such a thing in any source
> that
> > I know of, it would be perfectly reasonable to
> assume
> > that the gentílicium jús consisted entirely of
> this
> > rule of inheritance. Certainly to suggest that it
> > contained a significant number of other rules,
> > mysteriously lost, would be totally without
> reason.
>
> [Bardulus] I don't suggest anything, Corde. Gaius
> says "all the
> ius gentilicium", and not "this ius gentilicium".
> So, it seems
> that there were some more rules in ancient times. In
> fact, see,
> Zulueta adds the tutela issue, which I didn't know.
> :-)

Indeed, but it also suggests that there were not very
many other rules, because otherwise it would be most
surprising if the whole thing had fallen into disuse.
Either way, the crucial point is that it did fall into
disuse, and that it did so quite early in republican
history.

> > But even if we imagine a large complex of legal
> rules
> > pertaining to gentés, we are faced with Gaius'
> > statement "tótum gentílicium jús in désuétúdinem
> > abisse" - "that the whole gentílicium jús has
> fallen
> > into disuse"; and, as Zulueta says, it had
> probably
> > been in a state of decay already by the time of
> the
> > lex duodecim tabulárum, traditionally dated to c.
> 450
> > B.C.
>
> [Bardulus] And? What was what I said in my last
> post?

You seemed to imply that it had been important during
the republican period. If you were not trying to imply
that, then I cannot fathom what you are actually
trying to say, unless you're trying to agree with me
that gentés were not really very important during the
republic.

> > Your evidence for this? Your statement is flatly
> > contradicted by A. N. Sherwin-White, "The Roman
> > Citizenship" (Oxford University Press, 1973):
> > "A third important part of early Republican Latium
> [he
> > means Latin status, not the geographical territory
> of
> > Latium] was the peculiar right of migratio to
> Rome. We
> > have seen that this corresponds to a very early
> > institution of the tribal period of Latin history.
> How
> > far this sank out of sight in the great days of
> the
> > independent city-states is hard to tell. While the
> > possible partial limitation of its exercise in 268
> > B.C. suggests that it remained lively, and the
> > practice of exilium must have served to preserve
> it,
> > there is no doubt that the increased value of the
> > Roman citizenship after the second Punic War
> > encouraged a sudden revival of the old custom,
> > somewhat to the detriment of the Latins
> themselves.
> > Large numbers of Latins removed to Rome and began
> by
> > registering themselves at the census acquired
> Roman
> > citizenship. Such an institution, however much
> Roman
> > and Latin authorities sought to check its use,
> would
> > at least keep alive the Roman traditions of the
> > Latins, and encourage that sense of a specially
> > privileged status second only to Roman
> citizenship.
> > This right of gaining the franchise per
> migrationem et
> > censum disappeared by the time of the Social War,
> very
> > probably in the interess of the Latins
> themselves."
> > (pp.110-11)
> > Far from being "replaced" after 384 B.C., the jús
> > migrandí continued until the time of the Social
> War,
> > in the late 90s B.C. - that is, until the last or
> > second-last generation of the republic.
>
> [Bardulus] This needs a further explanation. The ius
> migrandi
> didn't disappear *formally* until a senatusconsultum
> dated in
> the year 177 before the common era (see Livy XXXIV,
> 42), not the
> late 90s as you say.

I don't say it - Sherwin-White says it. If you
disagree with him, you had better read his book and
produce evidence to contradict him. But with the
greatest respect to you, if I have to choose between
your opinion and the opinion of the scholar who wrote
the standard work on this subject, I shall tend to
believe the latter. On the specific episode of 195
(this is the year to which the passage of Livy you
cite refers, not 177), however, I can say something.
Livy doesn't by any stretch of imagination say that
the senate abolished the right of migration. The
senate could not do any such thing, since the relevant
treaty must have been a lex, and the senate could not
overrule a lex. What Livy says is that the senate
ruled on the particular case of the men of Puteoli,
Salernum, and Buxentum. Livy doesn't say why the
senate decided that these men in particular were
denied citizenship. It's notable that he *doesn't* say
that these people had actually come to live at Rome -
he seems to imply that they were still living in the
colonies. If that's the case, then obviously the jús
migrandí is completely irrelevant, because no migrátió
had take place.

It's also important to note that a person who migrated
to Rome hoping to gain citizenship was only secure in
his citizenship once he had been enrolled at the
census. Before then, his status was more precarious,
and he could probably during that time have been ruled
to be still a non-citizen.

There was a similar episode in 177, which I'll discuss
below.

> But it become unused before. At 204 of common era,
> censores C.
> Claudius Nero and M. Livius expelled from the census
> to all the
> latins who had obtained their citizenship through
> migrationem et
> censum (this is, ius migrandi). Livy says that
> 12.000 latins
> lost their roman citizenship (see Liv. XXXIX, 3).

This is rather different, of course, because these
people *had* been registered at the census. There is
some suggestion, however, that the census in question
had been conducted improperly, because in the
subsequent investigation the senate ordered the
praetor to disregard the last census and to use as
authoritative the two censús before that, of 204 and
194. The census-figures suggest that there was some
justification in this idea that the census of 189 had
been conducted improperly: the census of 189
registered about 258,000 citizens, in contrast to the
144,000 registered in 194. This huge rise could well
have been caused by the registration of large numbers
of Latins, and it is not possible to say that those
Latins were all genuinely entitled to citizenship. In
c. 265 B.C. the jús migrandí had been restricted to
Latins who left at least one son behind in their
home-town. It may well be that the censórés of 189 had
ignored this rule and registered all Latins. At any
rate the Latins who were expelled in 189 had evidently
gained their citizenship illegally, for they were
expelled by a special quaestió under the presidency of
a praetor - a judicial investigation, in other words,
of a kind which was invariably used to investigate
cases of illegality. And note that Livy does *not* say
that they were deprived of their citizenship - he says
"duodecim mília Latínórum domós rediérunt", "twelve
thousand Latins returned to their homes". They were
*Latins*, not Roman citizens, when they returned home.

The idea that the census of 189 was improperly
conducted is further corroborated by the fact that a
further investigation was needed in 177, in which
again it was ordered (this time by a lex) that Latins
who had been registered in the census of 189 were not
to be considered Roman citizens and were to return
home.

> And the same
> happened again at 195 before the common era. In
> fact, one of the
> causes of the Social War was the dificulty to obtain
> the Roman
> citizenship by the allies.

This episode is the same one we discussed above, which
you misdated to 177.

It is probably true that Latins were not always
allowed to become Roman citizens when they were indeed
legally entitled; but that is merely a matter of Roman
magistrates failing to abide by the law. The law
remained the same, for it could only have been changed
by a lex, and there is no evidence for any such lex in
the period you're discussing, unless the lex Claudia
of 177 was that lex (but there is nothing in the
sources to suggest that it was - it is clearly
depicted as a measure designed to deal specifically
with the problem of the census of 189, not any more
general rules). The first plausible candidate for such
a lex is the lex Licinia Mucia of 95; the first date
at which we can say for certain that the jús migrandí
no longer existed is 89.

> [Bardulus] And are you saying that this is
> historical? What is a
> treaty? You said before: "mutual arrangements". And
> indeed Rome
> only conceded rights to other cities or nations with
> which there
> were mutual relationship. Unilaterally granting or
> denying were
> only for the dediticii, this is, the defeated
> enemies.

Not so. The praetór peregrínus unilaterally created
many legal rights for non-citizens throughout the
second and first centuries B.C. But this is not the
point. What I am saying is that we are fully within
the bounds of Roman law. It is true that citizenship
was not unilaterally granted to other communities, but
it could have been. The reason it was not done is not
because it was not possible in Roman law, but because
the Romans had no great interest in doing it. Well, we
have an interest in doing it, and so we have done it.
There's no need for any fiction or fantasy such as you
are trying to impute. A legal fiction occurs when it
is decided to deal with a certain situation as if it
were a different one. We are not treating any
situation as if it were a different one; we are
treating it as it really is, and dealing with it in a
Roman way.

> > This was not originally a part of the package of
> Latin
> > rights. Let's hear from Sherwin-White again:
> > "The number of iura that are late accretions [to
> the
> > Latin rights] can be thus reduced to a modest
> figure.
> > Most obvious is the ius suffragi ferendi: one
> tribe
> > was set aside at Rome in the concilium plebis in
> which
> > Latins could cast their votes. Dionysius has taken
> > this custom to be primitive, but elsewhere it has
> left
> > no trace until Livy's mention of it during the
> second
> > Punic War. As a primitive institution, beside the
> ius
> > mutandae civitatis it seems superfluous; but
> later,
> > when Roman citizens were being drafted off in
> large
> > numbers to Latin colonies, in distant parts of
> Italy,
> > the custom, suggesting vaguely the yet unformed
> > concept of dual citizenship, becomes highly
> > interesting."(p. 35)
> > So the answer is "no", as far as I'm concerned.
>
> [Bardulus] It seems that Sherwin-White says that the
> latini
> veteres *had* the ius sufragii, and mentions
> Dionysius (of
> Halicarnassus) and Livy (see XXXV, 3).

No, he says that Dionysius is probably wrong, and that
this right was most likely created during the second
Punic War. So it's not part of the original package.

> ... And I never
> said that
> this right were in the "original package", so the
> answer is
> "yes", as far as I'm concerned. :-)

Well, if I say to you that the sky is blue you are, of
course, free to imagine that I've said that the sky is
green, but that doesn't change what I actually said.
The answer is "no".

> > Yes, I did read your last message, and within it I
> > read your statement that only magistrates with
> > imperium could grant citizenship. That statement
> was
> > incorrect, and that is why I contradicted it.
> > Magistrates, with or without imperium, could not
> grant
> > citizenship on their own authority.
>
> [Bardulus] This begins to be ridiculous. Where I
> said "on their
> own authority"? Read again my post (yes, for third
> time), and
> tell me: what I said? I said: "Only the people (at
> the Comitia),
> the Senate authorized by the people, and magistrates
> with
> imperium (like Caesar do [sorry] while had imperium
> proconsulare
> in the Gaul), thru [sorry] a lex data." Yes, read
> again:
> "through a lex data". Ok? Ok, let's continue.

I understand now what you were *trying* to say, but
the words you wrote mean something rather different.
Still, if what you were trying to say was that
citizenship could only be granted directly or
indirectly by lex, then we agree.

> > The first grants
> > of citizenship by a magistrate without the prior
> > authorization of a lex was by Marius in 101 B.C.
> But
> > his action was clearly illegal, and he never
> denied
> > it, merely remarking that "in the din of battle he
> > could not hear the voice of the law" (Plutarch,
> > "Marius" 28).
> > The lex Júlia which you mention was, of course,
> late
> > republican, but it was also less than you claim.
> It
> > did not give magistrates with imperium a general
> right
> > to grant citizenship to all and sundry for ever
> after:
> > it gave them the right to give citizenship to
> Italians
> > who laid down their arms during the Social War.
> Since
> > the Social War is no longer being fought, this law
> is
> > now obsolete.
>
> [Bardulus] You're wrong, the Lex Iulia didn't apply
> only to
> italians. See the inscription of the Bronze of
> Ascoli (CIL I,
> 709): all they were *iberians* (the "turma
> Sallvitana").

I beg your pardon, I ought to have said "people
fighting on the side of the Italians", as these
clearly were. In any case, the point is that the
statute was specific to the circumstances of the
Social War.

> > Compare, however, the lex Gellia Cornélia of 72,
> which
> > authorized in advance the grant of citizenship by
> > Pompéjus after the Sertorian war (I expect you
> know
> > all this well, since it's local history for you).
> This
> > shows quite clearly that even as late as 72 a
> > magistrate had to be given authority by lex in
> advance
> > before he could grant citizenship. Chapter III of
> > Goodfellow's "Roman Citizenship" (Lancaster Press,
> > 1935) gives a good overview of this subject.
>
> [Bardulus] Yes, and Pompeius had imperium
> proconsulare during
> the war against Sertorius (see Mommsen, book V,
> chapter I, page
> 33 of the Spanish version, sorry). It seems that all
> the
> magistrates authorized by a law to grant the
> citizenship had
> imperium, so I'm right. But if you know any example
> of the
> contrary, please, post it.

Yes, they all had imperium, but again you have missed
the point. There is no reason to say that the populus
*could not* grant such powers to magistrates without
imperium, it just happens that, as far as we know, the
populus did not do so.

> > Ah, but as I've shown above it is not based on any
> > fiction at all! We do not see foreigners as
> freedmen;
> > nor do we have to have a treaty with any other
> > country. All we have to do is say that foreigners
> all
> > have the jús migrandí. That is what the
> constitution
> > says, though not in those very words.
>
> [Bardulus] And this is the fiction: you view the
> whole world as
> if it had diplomatic relations with Nova Roma, or as
> if it were
> a defeated enemy. Thank the Gods, that's not true.

No, please pay attention to what I am saying. There
was nothing which prevented foreigners being given the
jús migrandí unilaterally. We've done so. We haven't
done so by pretending that we have treaties with
anyone, or that we've defeated anyone. We've just said
"anyone can apply for citizenship". What's your
objection to that?

> > I think you've misread something somewhere.
> > Fíliífamiliás cannot emancipate themselves either.
> > It's true that some people talked recently about
> > "emancipating oneself", but that was sloppiness.
> The
> > lex Labiena dé gentibus granted all citizens the
> > extraordinary right to change their gens and domus
> (or
> > stirps) within the year following its approval.
> That
> > was certainly unhistorical, but it was an
> > extraordinary measure designed to ease the
> transition
> > from the old system to the new system. Now that
> > year-long amnesty is over, and the new system is
> fully
> > in place. Now people cannot emancipate themselves,
> nor
> > can the censórés emancipate them. Only their
> > patrésfamiliás or mátrésfamiliás can emancipate
> their
> > fílií (although there is a provision for
> emancipation
> > by the praetórés in unusual cases - this is a
> minor
> > departure from historical practice, but it is by
> > analogy with a historical procedure relating to
> > marriage-law).
>
> [Bardulus] And I think you are the one who has
> misread (again)
> something somewhere. What was what I said? I said:
> "Oh, I had
> forgotten that the censores aren't who emancipate!
> They were the
> filiifamiliarum who emancipate theirselves (sorry)."
> And you are
> saying that the filiifamiliarum emancipated
> themselves during
> this "amnesty". So I am right.

Again, I think I now understand what you *meant* to
say, but what you said is a different matter. You used
the present tense, thus implying that fíliífamiliás
are currently able to emancipate themselves. This is
not true. If your use of the present tense was
unintentional, then you made a mistake. That's quite
all right, but it doesn't mean you were right.

> > May I suggest that you read the lex you are
> > criticising?
>
> [Bardulus] I'm not criticising the lex, but the
> arguments by
> which this lex was proposed and now defended. It was
> said that
> this lex was historical, and it isn't. And, Corde,
> that
> commentary was out of place. :-)

Out of place? I don't understand what you mean. It
seemed quite relevant to me.

It was, and is, said that this lex is historical, and
that is because it is. It contains a few departures
from historical practice, that is true. But it is
almost infinitely more historical than the old system
or, indeed, any system we could conceive. If you want
to use the word "historical" to mean "exactly as
things were done in ancient times in every respect",
then obviously nothing will ever be historical - we
cannot walk through the same river twice. But I don't
think that's a very useful way to use the word
"historical".

> > Well, this is true, of course, but if you wish to
> > raise this objection then you must surely concede
> that
> > nothing at all in Nova Róma is historical. The
> > sovereignty of Nova Róma is a legal fiction, but
> it is
> > the one on which the entire organization is based.
> If
> > we do not assume it, then we may as well dismantle
> the
> > whole thing.
>
> [Bardulus] Not at all. Nova Roma is an international
> association
> dedicated to promote the Roman culture, religion,
> values...
> There's no need of "sovereignty". Thank the Gods,
> some provinces
> are making steps to act in the real world, not in a
> world of
> micronations (fictions).

It's interesting that you use the word "province"
without putting it in quotation-marks. Are they realy
provinces? Of course not. So why are you happy to use
that word, when you cannot accept words like
"sovereignty" or "nation"?

> > And presumably you would also like us to stop
> talking
> > about Nova Róma as a state, and therefore stop
> talking
> > about a state religion? Shall we stop having
> consulés
> > and tribúní plébis?
>
> [Bardulus] Nova Roma isn't a State, Corde, I'm
> sorry. This is an
> association with home in the State of New Hampshire,
> USA, and
> our Consules are the co-presidents, the Praetores
> are the
> co-vice-presidents, the Quaestores are the
> treasurers, the
> Senate is the Board of Directors, and so. See the
> Articles of
> Incorporation of Nova Roma Inc. and the
> Constitution. Both are
> published in the Tabularium.

Yes, but it is an association which regards itself as
a state. That's one of the basic, non-negotiable facts
about Nova Róma. As for consulés &c., you haven't
answered the question. We can have presidents without
calling them consulés - is that what you'd like? And
the tribúní plébis aren't mentioned in the articles of
incorporation at all - shall we abolish them?

> > Shall we stop having pontificés
> > and fláminés?
>
> [Bardulus] The Religio Romana can have the religious
> institutions that their practicioners and priests
> want, like any
> other religion in the world, and only concerns to
> the
> practicioners and priests. That's not of our
> business.

It claims to be the state religion, and the collégium
pontificum has the power to take actions which affect
non-practitioners. Should we go and tell the
pontificés that they can't have these powers?

> > Either you accept the legal fiction of
> > Nova Róma's sovereignty or you reject it. If you
> > accept it, then you cannot use it as a means to
> > criticise the historicity of any particular lex.
>
> [Bardulus] As I said above, I have no problem with a
> lex that
> it's ahistorical. But I have a problem when somebody
> wants to
> justify the change of a system for another saying
> that the new
> is historical, and it isn't, you know?

Yes, I know, but the fact is that the new system is
historical in any reasonable definition of the word.

> > If
> > you reject it, then I really don't understand what
> you
> > are doing here in the first place.
>
> [Bardulus] I don't remember having asked you what
> are you doing
> here (and certainly it doesn't matter to me). So
> don't be
> impertinent, ok? :-)

It is extremely pertinent. If you're saying that you
reject the basic assumption of Nova Róma's
sovereignty, then clearly you are rejecting not only
the new system of family law but in fact the
organization itself. If you are rejecting the
organization, then I don't understand why you are a
member of it. If all you want is an organization which
promotes Roman culture, then it's no wonder that you
have a problem with the new family-law system!

Send instant messages to your online friends http://uk.messenger.yahoo.com
Group: Nova-Roma Message: 33925 From: Flavia Scholastica Date: 2005-03-02
Subject: Re: Senate Session results
Salve, Domiti Constantine Fusce, et salvete, quirites.

Upon re-reading this, I noted some points which I wished to address.

> Salve omnes
>
> A tad late for the reasons explained in a previous email, but here is the
> report of the last Senate session.
>
> To be noted, some senatores, during the debate, did change their already
> expressed vote. Here is reported only the definitive vote and, in case, the
> definitive comments attached to it. The comments and further explainations
> about a given vote are not reported.
>
> For brevity sake, the abbreviations of the Senatores' names will be used.
>
It would be helpful, especially to newer citizens and the tirones, if
you would at least list the full names along with the abbreviations, as had
been done int the past.
>
>
****************************************************************************
**> *
>
>
>
> The Senate Agenda was published the 31st of January, valid from the 1st of
> febraury and the vote did close the 13th. Official results were published on
> the Senate list the 14th of febraury with a formal request to the Tribunes to
> delay publication to allow the Patres to control the correctness of the
> results. Final request/permission to publish teh results was given the 18th of
> Febraury.
>
> Of 30 senatores, 25 did cast a vote on at least 1 of the 4 points in agenda
> requiring the Patres to vote. 5 Senators (LSD, MOG, GMM, LCSF, MCJ)

What did these five do, or not do? Did they fail to vote? The rest of
your sentence is missing. I can guess, but others may not be able to do so.
>
<snip remainder of Senate votes, etc.>
>
>
> *****************************************************************************
>
>
>
> Valete,
>
> Domitius Constantinus Fuscus
> Founder of Gens Constantinia
> Tribunus Plebis
> Aedilis Urbis
>
Vale, et valete,

Flavia Tullia Scholastica


>
>
Group: Nova-Roma Message: 33927 From: Manius Constantinus Serapio Date: 2005-03-03
Subject: Conventus Novae Romae - NEW WEBSITE
AVETE OMNES

Let me remind you that from August 4th to 10th it will take place
the 4th Conventus Novae Romae, the international rally of Nova Roma!

It is a great honour for Provincia Italia to host the IV Conventus
Novae Romae in Europa, an event which has become a tradition and
which has been growing year after year.

This Conventus will be held in Rome. What better place to get
together? The Eternal City will show you Her sacred history, you
will walk along the same streets our ancestors walked along, you
will see their temples, their monuments, their houses. You will
visit places which tourists are not usually allowed to see, you will
take part in most interesting and informative discussions about
Romanitas, you will eat like a Roman and will fight like a Roman!

It will be the perfect opportunity to meet a lot of other Novaroman
citizens, to discuss our Res Publica in person, to compare our
Provinciae and improve them by sharing experiences, ideas and new
projects.

All information is available at our new website at:

http://italia.novaroma.org/conventus2758/index.htm

You cannot miss this fantastic event. After all, Rome was and always
will be the most important Roman city in the world! Take part in the
IV Conventus Novae Romae. It will be an unforgettable experience!

OPTIME VALETE
Manivs Constantinvs Serapio
Propraetor Italiae
Group: Nova-Roma Message: 33928 From: M Flavius Aurelius Date: 2005-03-03
Subject: Seeking Caius Flavius Diocletianus
Pater,

If you are on this list, can you please contact me privately (at either this address, or m.f.aurelius@...)?
If he's not on this list, if anyone knows his email address, could you pass this message on?

Thankyou

M Flavius Aurelius

[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 33929 From: quintuscassiuscalvus Date: 2005-03-03
Subject: Re: Conventus Novae Romae - NEW WEBSITE
--- In Nova-Roma@yahoogroups.com, "Manius Constantinus Serapio"
<mcserapio@y...> wrote:
>
> AVETE OMNES
>
> Let me remind you that from August 4th to 10th it will take place
> the 4th Conventus Novae Romae, the international rally of Nova
Roma!
<snipped>
> All information is available at our new website at:
>
> http://italia.novaroma.org/conventus2758/index.htm

Salve,

A very well done website. I've updated the link in the Important
Announcements section of the main page.

Vale,

Q. Cassius Calvus
Group: Nova-Roma Message: 33930 From: Manius Constantinus Serapio Date: 2005-03-04
Subject: Re: Conventus Novae Romae - NEW WEBSITE
AVE OPTIME Q CASSI CALVE

> > http://italia.novaroma.org/conventus2758/index.htm
>
> Salve,
>
> A very well done website.

I agree. We should thank Consul Franciscus Apulus Caesar for that ;-)

>I've updated the link in the Important
> Announcements section of the main page.

Thank you very much.

OPTIME VALE
M'C.Serapio
Group: Nova-Roma Message: 33932 From: Titus Arminius Flavus Date: 2005-03-04
Subject: Introducing Myself
salvete

Some days past, i became a civis of Nova Roma, but i've had not
enough time to introduce myself properly. Well, my common name is
Cavour Chrispim and my Roman name is Titus Arminius Flavus. i'm 23
years old and live in a seaside town of Brazil, where i've been
attending college classes since last year.

Interest for Ancient Rome traces back to my childhood: i fell in love
for Rome's culture when i began reading its history. In general
people aren't used to like neither history nor old cultures, because
they are worried on day-to-day activities instead. it's said that
time is short for such subjects, too. Then, i've got just a few
friends to talk about Rome so far.

Some time ago, i received a friend's e-mail telling about virtual
micronations and i thought it all interesting since it remembered me
RPG games. Months later, while searching the internet for info about
micronations, i got excited when found out Nova Roma's site ... and
my mind could only say: "Great, i'm not alone!" (lol)

In spite of my hurried life, i wish to join the activities and
projects developed by Nova Roma, as far as i can within personal
limits. Although i'm under provisional citizenship, i'd like to offer
my will to cooperate by promoting Nova Roma's ideals, by collecting
new citizens, and by sharing Ancient Rome's knowledge. I'm looking
for learning the Roman Way and forging friendship with all members.

valete

Titus Arminius Flavus
"Alea iacta est!" (C.Iulius Caesar)
Group: Nova-Roma Message: 33933 From: iulius sabinus Date: 2005-03-04
Subject: Re: Conventus Novae Romae - NEW WEBSITE
Salve Serapio,

Indeed a wonderful site. It' s - how to say ? - yes, elegant !

Manius Constantinus Serapio <mcserapio@...> wrote:

AVE OPTIME Q CASSI CALVE

> > http://italia.novaroma.org/conventus2758/index.htm
>
> Salve,
>
> A very well done website.

I agree. We should thank Consul Franciscus Apulus Caesar for that ;-)

>I've updated the link in the Important
> Announcements section of the main page.

Thank you very much.

OPTIME VALE
M'C.Serapio




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[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 33935 From: Lucius Arminius Faustus Date: 2005-03-04
Subject: Re: Introducing Myself
Salvete,

"live in a seaside town of Brazil,"

And what a delightful surprise, it is the lovely Santos, jewel of the
South Atlantic, most blessed by Portunus, my homeland!

Valete bene in pacem deorum,
L. Arminius Faustus


--- In Nova-Roma@yahoogroups.com, "Titus Arminius Flavus"
<cchneto@y...> wrote:
>
> salvete
>
> Some days past, i became a civis of Nova Roma, but i've had not
> enough time to introduce myself properly. Well, my common name is
> Cavour Chrispim and my Roman name is Titus Arminius Flavus. i'm 23
> years old and live in a seaside town of Brazil, where i've been
> attending college classes since last year.
>
> Interest for Ancient Rome traces back to my childhood: i fell in
love
> for Rome's culture when i began reading its history. In general
> people aren't used to like neither history nor old cultures,
because
> they are worried on day-to-day activities instead. it's said that
> time is short for such subjects, too. Then, i've got just a few
> friends to talk about Rome so far.
>
> Some time ago, i received a friend's e-mail telling about virtual
> micronations and i thought it all interesting since it remembered
me
> RPG games. Months later, while searching the internet for info
about
> micronations, i got excited when found out Nova Roma's site ... and
> my mind could only say: "Great, i'm not alone!" (lol)
>
> In spite of my hurried life, i wish to join the activities and
> projects developed by Nova Roma, as far as i can within personal
> limits. Although i'm under provisional citizenship, i'd like to
offer
> my will to cooperate by promoting Nova Roma's ideals, by collecting
> new citizens, and by sharing Ancient Rome's knowledge. I'm looking
> for learning the Roman Way and forging friendship with all members.
>
> valete
>
> Titus Arminius Flavus
> "Alea iacta est!" (C.Iulius Caesar)
Group: Nova-Roma Message: 33936 From: Jack the Ripper Date: 2005-03-04
Subject: Rif: [Nova-Roma] Conventus Novae Romae - NEW WEBSITE
I'll be there with my new toga!

Alecto


-------Messaggio originale-------

Da: Nova-Roma@yahoogroups.com
Data: 03/03/05 23:16:46
A: Nova-Roma@yahoogroups.com
Oggetto: [Nova-Roma] Conventus Novae Romae - NEW WEBSITE


AVETE OMNES

Let me remind you that from August 4th to 10th it will take place
the 4th Conventus Novae Romae, the international rally of Nova Roma!

It is a great honour for Provincia Italia to host the IV Conventus
Novae Romae in Europa, an event which has become a tradition and
which has been growing year after year.

This Conventus will be held in Rome. What better place to get
together? The Eternal City will show you Her sacred history, you
will walk along the same streets our ancestors walked along, you
will see their temples, their monuments, their houses. You will
visit places which tourists are not usually allowed to see, you will
take part in most interesting and informative discussions about
Romanitas, you will eat like a Roman and will fight like a Roman!

It will be the perfect opportunity to meet a lot of other Novaroman
citizens, to discuss our Res Publica in person, to compare our
Provinciae and improve them by sharing experiences, ideas and new
projects.

All information is available at our new website at:

http://italia.novaroma.org/conventus2758/index.htm

You cannot miss this fantastic event. After all, Rome was and always
will be the most important Roman city in the world! Take part in the
IV Conventus Novae Romae. It will be an unforgettable experience!

OPTIME VALETE
Manivs Constantinvs Serapio
Propraetor Italiae





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To visit your group on the web, go to:
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Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.




[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 33937 From: A. Apollonius Cordus Date: 2005-03-04
Subject: Short absence
A. Apollonius Cordus omnibus sal.

Just a quick note to say Livia and I shall be away at
a provincial gathering over the weekend. There are a
few people I owe replies - I'll catch up when I get
back.

P.S. Te saluto, T. Armini - welcome!

Send instant messages to your online friends http://uk.messenger.yahoo.com
Group: Nova-Roma Message: 33938 From: Quintus Lanius Paulinus (Michael Kelly) Date: 2005-03-04
Subject: Re: Introducing Myself
Salve Tite Armini Flave,

Ah, you can be sure I envy about where you are living right now!
I wish to extend to you a warm welcome to Nova Roma and you are just
that type of person we hope to attract to Res Publica. If you need
help, guidance or have any questions, there are a wealth of people
here happy to help you. Feel free to browse around, participate in
our forums, check out the sodalistas (special interest groups) and
above all enjoy your time with us here!

Vale bene

Quintus Lanius Paulinus

Propraetor Canada Occidentalis

Quaestor

--- In Nova-Roma@yahoogroups.com, "Titus Arminius Flavus"
<cchneto@y...> wrote:
>
> salvete
>
> Some days past, i became a civis of Nova Roma, but i've had not
> enough time to introduce myself properly. Well, my common name is
> Cavour Chrispim and my Roman name is Titus Arminius Flavus. i'm 23
> years old and live in a seaside town of Brazil, where i've been
> attending college classes since last year.
>
> Interest for Ancient Rome traces back to my childhood: i fell in
love
> for Rome's culture when i began reading its history. In general
> people aren't used to like neither history nor old cultures,
because
> they are worried on day-to-day activities instead. it's said that
> time is short for such subjects, too. Then, i've got just a few
> friends to talk about Rome so far.
>
> Some time ago, i received a friend's e-mail telling about virtual
> micronations and i thought it all interesting since it remembered
me
> RPG games. Months later, while searching the internet for info
about
> micronations, i got excited when found out Nova Roma's site ... and
> my mind could only say: "Great, i'm not alone!" (lol)
>
> In spite of my hurried life, i wish to join the activities and
> projects developed by Nova Roma, as far as i can within personal
> limits. Although i'm under provisional citizenship, i'd like to
offer
> my will to cooperate by promoting Nova Roma's ideals, by collecting
> new citizens, and by sharing Ancient Rome's knowledge. I'm looking
> for learning the Roman Way and forging friendship with all members.
>
> valete
>
> Titus Arminius Flavus
> "Alea iacta est!" (C.Iulius Caesar)
Group: Nova-Roma Message: 33939 From: Gnaeus Equitius Marinus Date: 2005-03-04
Subject: Re: Introducing Myself
Salve Tite Armini Flave,

Welcome to Nova Roma!

Titus Arminius Flavus <cchneto@...> writes:

> i'm 23
> years old and live in a seaside town of Brazil, where i've been
> attending college classes since last year.

You'll understand if some of us are just a bit envious of you right now.

> In spite of my hurried life, i wish to join the activities and
> projects developed by Nova Roma, as far as i can within personal
> limits.

I feel sure you'll find plenty to do. You're in a pretty active province
there in Brasilia, and you have some excellent people to help you learn your
way around.

> "Alea iacta est!" (C.Iulius Caesar)

That means "I threw the garlic." Right?

*grin*

-- Marinus
Group: Nova-Roma Message: 33940 From: Publius Minius Albucius Date: 2005-03-04
Subject: Comitium Populi results
P. Minius Albucius omnibus quiritibus s.d.

The results of the election on the proposed following texts :
- Lex de Aedilibus Plebis
- Lex Minia de Eiuratione Civitatis Officiorumque

have been certified and communicated today by the Diribitores. These
results are the following ones :

- The Aediles Plebis project has been refused by 21 tribes against
4, 10 tribes casting no votes.
- The Eiuratione Civitatis Officiorumque project has been refused by
22 tribes against 3, 10 tribes casting no votes.

I would like to thank every civis who has voted on this first 2758
comitium, all the magistrates who helped this event happen,
specially all our Diribitores and Qu. Cassius Calvus, and Viator Ga.
Vipsanius Agrippa for his help.

---------------------------------------------------------------------
----------------------------------------------------------

Now that the results of the Comitia populi vote have been published,
I feel free to make some comments.

First, the large vote against the laws is clear : bona fide, as the
one that has proposed the texts, I am humbly yielding forward vox
populi.

Second, I would like to make some observations.

The first one is that you all must have seen that I did not want to
intervene in the debate to promote the two Minian texts on Aediles
and Resignation. Yes, I could have argued, tried to convince
everyone, asked for a large support.

I chose not, in order to let the largest debate happen. That is the
reason why I have convened the comitium for a first debate in
January, and a vote in February. The second main reason of my
silence was then that I wanted that these texts to be seen as what
they were in my mind : limited and politically neutral projects to
improve our legal system.

You remind that they intended to use two calendar opportunities to
try bringing precise improvements on aediles office and resignation
problem. These events were naturally the election of a second
aedilis plebis and the debate on Tribune Saturninus resignation case.

The aim was thus not to propose a global change in our system but,
on Aediles, to open a legal and more dynamic way of conceiving their
action and, on the resignation case, to bring a « reasonable »
answer to the legitimate question asked on my honourable colleague
Curius resignation.

I have been very much surprised to receive few private posts on
these texts. The ones that I received have helped improving the
first drafts. But I am still waiting proposals from the most of the
constitutional magistrates. In fact, the only magistrates that I
have read on the subject have expressed on the main list in a
passionate style that has been, too, a source of surprise and
thinking for me.

A lot of considerations have surely joined in building the
opposition vote against the projects : some have considered a law
should not deal with the aedilician responsabilities, others that
the projects were just « awful ». Some have thought that the Aediles
proposal was a threat for Aediles curules or Quaestores, others (or
the same) that the texts entered in a too much precise detail. On
the resignation law, specifically, these who preferred the « grace
period » but who chose to oppose technically to the text added their
vote to those who were opposed to this idea. And so on...

The first conclusions that I am drawing from this vote are the
following :

- the resignation question is still wide open ;

- the way we see our laws may really be different considering our
culture, personal point of view and background, etc.. For example, I
have stated that the citizens or magistrates who underlined the
formal bad quality of the texts - on which Hon. Cordus helped me a
lot on the « English way of writing it » - were those who have
presented to the comitia, specially last year, texts that I consider
myself as juridically « awful » (to use one of the words used) or
largely unuseful ;

- I am wondering now if :
. a « politically neutral » way to consider Nova Roma political and
legal system can exist, as some, like me, have first hoped ;
. the approach through « limited texts » is appropriate ;
. all the constitutional powers of Nova Roma (people, senate and
magistrates) will be able to work together efficiently in 2758
a.u.c. ;
. the limited number of novaroman active citizens, joined to the
different existing networks and to plurality of offices will not
prevent a real democratic debate.

Valete,

Scr. Cadomago, civ. Viducassium, Gallia, a.d. IV Non. Mart.
MMDCCLVIII a.u.c.

Publius Memmius Albucius
Tribunus Plebis
http://www.geocities.com/publiusalbucius/great_outdoors.html
Group: Nova-Roma Message: 33941 From: gaiusequitiuscato Date: 2005-03-04
Subject: Re: Comitium Populi results
G. Equitius Cato P. Minio Albucio S.P.D.

Salve Minius Albucius.

I would like to first commend you on your simple, no-nonsense approach
to the results of the vote. You have upheld the idea that forms the
most basic foundation of Republican Roman government: vox populi vox
dei.

Second, I'd like to comment on your observations.

> - the resignation question is still wide open ;

CATO: Yes, it is, and I'd still like to hear from someone who can
explain how, legally, the tribunes can simply co-opt a former
colleague into the tribunate.


> - the way we see our laws may really be different considering our
> culture, personal point of view and background, etc.

CATO: Absolutely. One of the strongest ways to smooth the
differences in "cultural interpretation" is, as I have mentioned
several times, to abandon the unRoman idea of the written Constitution
and replace it with a series of laws, like the ancient Romans had,
which would reflect not a single culture's understanding of the law or
the terms thereof but rather the combined efforts of all of us Nova
Romans to create our *own* culture. This would help put an end to
comments like "the understanding of such-and-such a legal term in the
U.S. is..." versus "the understanding of such-and-such a legal term in
Germany is..." versus "the understanding of such-and-such a legal term
in England is..." and so forth. There would be one identifiable basis
for our legal terminology, and it would NOT spring from any other
source than the People of Nova Roma.


> . a « politically neutral » way to consider Nova Roma
political and
> legal system can exist, as some, like me, have first hoped ;]

CATO: yes :-) lex dura sed lex

> . the approach through « limited texts » is appropriate ;

CATO: yes, if I understand you correctly; but again, even those
"limited texts" must be written and voted on by the People

> . all the constitutional powers of Nova Roma (people, senate and
> magistrates) will be able to work together efficiently in 2758
> a.u.c. ;

CATO: yes, at least as "efficiently" as the ancient Romans' were able
to do so. We cannot pretend that people are any less "political" than
they were in ancient Rome, or indeed have been since the dawn of
recorded time.


> . the limited number of novaroman active citizens, joined to the
> different existing networks and to plurality of offices will not
> prevent a real democratic debate.

CATO: we must work with what we have...

Vale bene,

Cato
Group: Nova-Roma Message: 33942 From: Publius Minius Albucius Date: 2005-03-05
Subject: Re: Comitium Populi results
P. Memmius Albucius Ga. Equitio Catoni aliisque s.d.

S.V.G.E.R.

Hon. Cato wrote:
> (...)

> Second, I'd like to comment on your observations.
>
> > - the resignation question is still wide open ;
>
> CATO: Yes, it is, and I'd still like to hear from someone who can
> explain how, legally, the tribunes can simply co-opt a former
> colleague into the tribunate.

There has been many posts about this point. I will just remind that
this one has been (fully)debated inside the tribunate. Its majority
has adopted a position which has been published by our colleague
Fuscus (please see Jan. posts, dear Cato). It is not my habit to
break my commitments (here this consisting in accepting a tribunate
position to obey it, and the other not to comment, all year long
this decision). I think we must now make a step forward, as I have
proposed it, to see *how* we can fix this unsolved problem.



> > - the way we see our laws may really be different considering
our
> > culture, personal point of view and background, etc.
>
> CATO: Absolutely. One of the strongest ways to smooth the
> differences in "cultural interpretation" is, as I have mentioned
> several times, to abandon the unRoman idea of the written
Constitution
> and replace it with a series of laws, like the ancient Romans had,
> which would reflect not a single culture's understanding of the
law or
> the terms thereof but rather the combined efforts of all of us Nova
> Romans to create our *own* culture. This would help put an end to
> comments like "the understanding of such-and-such a legal term in
the
> U.S. is..." versus "the understanding of such-and-such a legal
term in
> Germany is..." versus "the understanding of such-and-such a legal
term
> in England is..." and so forth. There would be one identifiable
basis
> for our legal terminology, and it would NOT spring from any other
> source than the People of Nova Roma.

Yes, this is one of these ways, but as a lawyer - in my very humble
opinion - I think that solving this hard question will not prevent
us facing other relevant problems.


> > . a « politically neutral » way to consider Nova Roma
> political and
> > legal system can exist, as some, like me, have first hoped ;]
>
> CATO: yes :-) lex dura sed lex

Is there really, dear Cato, a *lex* question ? ;-)

> > . the approach through « limited texts » is appropriate ;

> CATO: yes, if I understand you correctly; but again, even those
> "limited texts" must be written and voted on by the People

Naturally.

> > . all the constitutional powers of Nova Roma (people, senate and
> > magistrates) will be able to work together efficiently in 2758
> > a.u.c. ;

> CATO: yes, at least as "efficiently" as the ancient Romans' were
able to do so. We cannot pretend that people are any
less "political" than they were in ancient Rome, or indeed have been
since the dawn of recorded time.

Absolutely. But we cannot think either we are in the same
(historical, sociological, environment, economic, military, etc.)
conditions. This is a old and key debate.

> > . the limited number of novaroman active citizens, joined to the
> > different existing networks and to plurality of offices will not
> > prevent a real democratic debate.

> CATO: we must work with what we have...

Or work *from* what we have and try to improve it. Otherwise, how
useful would be any public action ?

Vale bene, Cato,

P. Memmius Albucius
Tribunus Plebis
Group: Nova-Roma Message: 33943 From: Maior Date: 2005-03-05
Subject: Re: Comitium Populi results
M.Hortensia Maior Catoni Albucique spd;
Salvete;
this is a very important issue. At the time the tribunes agreed
not to discuss this issue on the ML - the co-option of the ex-
tribune. But such behavior is not Roman at all. I fully discussed
this with Cordus, in Republican Roman political culture- laws were
discussed out of doors for all to hear. So this is a clear message of
cultural behavior - Rome rules over modern European or North or South
American or Australian ideas.
It is not hard to find out. Just ask Cordus or Faustus or another
of our scholars to help.

CATO: Yes, it is, and I'd still like to hear from someone who can
> > explain how, legally, the tribunes can simply co-opt a former
> > colleague into the tribunate.
>
>ALBUCIUS:It is not my habit to
> break my commitments (and the other not to comment, all year long
> this decision). >
>
> MAIOR: 'efficiency' is indeed another concept we need to toss, I
fully agree with Cato and Cordus. The Tribunes should entirely
return to their historical roots, one veto, no collegiality.
>>
> > CATO: yes, at least as "efficiently" as the ancient Romans' were
> able to do so. We cannot pretend that people are any
> less "political" than they were in ancient Rome, or indeed have
been
> since the dawn of recorded time.
>
MAIOR: 'improve' by tinkering...it's a heck of a lot easier to scrap
bad laws, not replace them with even more convoluted ones as the
voting plebes agree. Look in our history and Roman law books. The
tribune issue is very easy to solve.
Have a vote! This could have been already done with a minimum of
fuss. Frankly it's a lot easier to have every resigning magistrate go
to the vote to return. Simple, elegant that's it...
> bene vale in pace deorum
Marca Hortensia Maior TRP
Propraetrix Hiberniae
caput Offinia Iuriis
et Investigatio CFQ
> Or work *from* what we have and try to improve it. Otherwise, how
> useful would be any public action ?
>
> Vale bene, Cato,
>
> P. Memmius Albucius
> Tribunus Plebis
Group: Nova-Roma Message: 33944 From: Maior Date: 2005-03-05
Subject: Fwd: Re: Official Call for the Comita Plebis Tribuna
> M. Hortensia Maior Plebibus spd;
> Salvete;
> As Tribuna Plebis I officially convene the Concilium Plebis,
the Comitia Plebis Tribuna to vote on a plebicite Ante Diem IV Id.
Martias, Saturday March 12
to confirm C. Curius Saturninus in his tribunian potestas.
>
> Quirites, Plebes make your voice known.
M. Hortensia Maior TRP
Group: Nova-Roma Message: 33946 From: Domitius Constantinus Fuscus Date: 2005-03-05
Subject: Intercessio (was: Re: [Nova-Roma] Fwd: Re: Official Call for the C
Salve Cives

On Sat, 05 Mar 2005 19:32:02 -0000, Maior <rory12001@...> wrote:
>>
>> M. Hortensia Maior Plebibus spd;
>> Salvete;
>> As Tribuna Plebis I officially convene the Concilium Plebis,
>> the Comitia Plebis Tribuna to vote on a plebicite Ante Diem IV Id.
>> Martias, Saturday March 12 to confirm C. Curius Saturninus in his
>> tribunian potestas.
>>
>> Quirites, Plebes make your voice known.
>> M. Hortensia Maior TRP

And I hereby exercise, again, my right of intercessio against the above reported
act on the base of unconstitutionality (among the rest, again, the Comitia do
not have the constitutional power to confirm a Tribunus, or any other
magistrate, in his position once elected) and following, again, the tribunician
position on this issue as outlined in post #32322 on this list.

Out of sheer curiosity, given we got a forward on both this list and the comitia
plebis list, where was the original message sent?

Valete

Domitius Constantinus Fuscus
Founder of Gens Constantinia
Tribunus Plebis
Aedilis Urbis Iterum
Group: Nova-Roma Message: 33947 From: rory kirshner Date: 2005-03-05
Subject: Re: calling the Comitia Plebis Tributa
M. Hortensia Maior Plebibus salutem plurmiam dicit.

Salvete Plebes,

By the power vested in me by the Laws and the People of Nova Roma, I hereby
call the Comitia Plebis Tributa to order.

The Contio shall begin at 12:01 a.m. Roman Time, pr. Non. Mar. (6 Mar.), and
last until 12:01 a.m., a.d. VII Id. Mar. (9 Mar.), at which time the vote
shall begin. The vote shall last from 12:01 a.m., a.d. VII Id. Mar. (9
Mar.), until 12:01 a.m., pr. Id. Mar. (14 Mar.).

The item to be voted on is :

The Plebs confirm C. Curius Saturninus as Tribune

Plebes, make your opinions known. Cast your votes!

Valete Bene,

Marca Hortensia Maior
Tribuna Plebis






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[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 33948 From: Maior Date: 2005-03-05
Subject: Re: Official Call for the Comita Plebis Tributa
Salvete;
From the Comitia Plebis Tributa, where I posted the very same call
in February - the list of the Plebs, whom you frustrate from
excercising their power!
Marca Hortensia Maior TRP
Vox Plebis, Vox Dei


> Out of sheer curiosity, given we got a forward on both this list
and the comitia
> plebis list, where was the original message sent?
>
> Valete
>
> Domitius Constantinus Fuscus
> Founder of Gens Constantinia
> Tribunus Plebis
> Aedilis Urbis Iterum
Group: Nova-Roma Message: 33950 From: gaiusequitiuscato Date: 2005-03-06
Subject: The Tribunate and the Vetoed call for the CPT
G. Equitius Cato M. Hortensiae Maiori D. Constantino Fusco
quiritibusque S.P.D.

Salvete omnes.

I believe that Constantinus Fuscus is correct in pronouncing his
intercessio on this call, Hortensia Maior --- although for a reason
with which I am sure you may both disagree.

Curius Saturninus is not, legally, a tribune. Besides the fact that
there is no legal basis by which there can be anything like a
"confirmation" under our law, he cannot be "confirmed" in an office
which he does not hold.

There must be a call for candidates and an election to fill the vacant
tribuneship from which Curius Saturninus resigned. If he wishes to
run for the office, he should announce his candidacy and let the Plebs
decide. That is the true exercize of the statement vox populi vox
dei.

I urge the praetors to call for candidates to fill the vacancy in the
tribunate. If such a call were issued, and an intercessio pronounced
against it, THAT would be a violation of the People's right to elect
their own representatives.

Valete,

Cato
Group: Nova-Roma Message: 33951 From: Q. Caecilius Metellus Date: 2005-03-06
Subject: Re: The Tribunate and the Vetoed call for the CPT
Q. Caecilius Metellus C. Equitio Catoni salutem dicit.

> I urge the praetors to call for candidates to fill the vacancy in the
> tribunate. If such a call were issued, and an intercessio pronounced
> against it, THAT would be a violation of the People's right to elect
> their own representatives.

If the Praetors were to call for candidates to fill the vacant tribunate, it
should be vetoed, because the Praetors do not have the ability to call the
Comitia Plebis to order. So I would simply amend what you've said, and urge
the other tribunes to call the Comitia Plebis to fill the vacant Tribunate.

Vale,

Metellus
Group: Nova-Roma Message: 33952 From: gaiusequitiuscato Date: 2005-03-06
Subject: Re: The Tribunate and the Vetoed call for the CPT
G. Equitius Cato Q. Caecilio Metello Postumiano Pio salutem dicit.

Salve Metellus Pius.

Thank you for the correction. Consider the tribunes urged :-)

Vale bene,

Cato

--- In Nova-Roma@yahoogroups.com, "Q. Caecilius Metellus"
<postumianus@g...> wrote:
> Q. Caecilius Metellus C. Equitio Catoni salutem dicit.
>
> > I urge the praetors to call for candidates to fill the vacancy in
the
> > tribunate. If such a call were issued, and an intercessio
pronounced
> > against it, THAT would be a violation of the People's right to
elect
> > their own representatives.
>
> If the Praetors were to call for candidates to fill the vacant
tribunate, it
> should be vetoed, because the Praetors do not have the ability to
call the
> Comitia Plebis to order. So I would simply amend what you've said,
and urge
> the other tribunes to call the Comitia Plebis to fill the vacant
Tribunate.
>
> Vale,
>
> Metellus
Group: Nova-Roma Message: 33953 From: quintuscassiuscalvus Date: 2005-03-06
Subject: Re: Comitium Populi results
Salve,

You're welcome and I've posted the results to the Elections Results
section of the Tabularium. Have you the results from the Comitia
Plebis Tributa for the election to fill the vacant Plebian Aedile?

Vale,

Q. Cassius Calvus
Magister Aranearius

--- In Nova-Roma@yahoogroups.com, "Publius Minius Albucius"
<albucius_aoe@h...> wrote:
>
>
> P. Minius Albucius omnibus quiritibus s.d.
>
> The results of the election on the proposed following texts :
> - Lex de Aedilibus Plebis
> - Lex Minia de Eiuratione Civitatis Officiorumque
>
> have been certified and communicated today by the Diribitores.
These
> results are the following ones :
>
> - The Aediles Plebis project has been refused by 21 tribes against
> 4, 10 tribes casting no votes.
> - The Eiuratione Civitatis Officiorumque project has been refused
by
> 22 tribes against 3, 10 tribes casting no votes.
>
> I would like to thank every civis who has voted on this first 2758
> comitium, all the magistrates who helped this event happen,
> specially all our Diribitores and Qu. Cassius Calvus, and Viator
Ga.
> Vipsanius Agrippa for his help
Group: Nova-Roma Message: 33955 From: Timothy P. Gallagher Date: 2005-03-07
Subject: Re: The Tribunate and the Vetoed call for the CPT
Salve Cato Et all

This was clear, to the point and I hope FINALLY enough for the Praetors to act and the Tribunes to let the people vote.

How many times does it have to be said that Curius Saturninus is not, legally, a tribune and that we need to hold an election to fill the vacancy.

Can someone please tell me how a magistrate ( this would including a Tribune) could be impeached in ancient Rome?

There must have been some mechanism to remove people from office if the people wanted to.


Vale

Tiberius Galerius Paulinus




----- Original Message -----
From: gaiusequitiuscato<mailto:mlcinnyc@...>
To: Nova-Roma@yahoogroups.com<mailto:Nova-Roma@yahoogroups.com>
Sent: Sunday, March 06, 2005 12:56 AM
Subject: [Nova-Roma] The Tribunate and the Vetoed call for the CPT



G. Equitius Cato M. Hortensiae Maiori D. Constantino Fusco
quiritibusque S.P.D.

Salvete omnes.

I believe that Constantinus Fuscus is correct in pronouncing his
intercessio on this call, Hortensia Maior --- although for a reason
with which I am sure you may both disagree.

Curius Saturninus is not, legally, a tribune. Besides the fact that
there is no legal basis by which there can be anything like a
"confirmation" under our law, he cannot be "confirmed" in an office
which he does not hold.

There must be a call for candidates and an election to fill the vacant
tribuneship from which Curius Saturninus resigned. If he wishes to
run for the office, he should announce his candidacy and let the Plebs
decide. That is the true exercize of the statement vox populi vox
dei.

I urge the praetors to call for candidates to fill the vacancy in the
tribunate. If such a call were issued, and an intercessio pronounced
against it, THAT would be a violation of the People's right to elect
their own representatives.

Valete,

Cato




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[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 33956 From: gaiusequitiuscato Date: 2005-03-07
Subject: Re: The Tribunate and the Vetoed call for the CPT
G. Equitius Cato Ti. Galerio Paulino salutem dicit.

Salve Galerius Paulinus.

The only way to do so is as follows:

"Should one of the ordinarii be found to be derelict in his duties, as
defined by the comitia that elected him, that magistrate may be
removed by a law originating in the comitia that elected him." -
Constitution of Nova Roma, Art. IV Preface

The Comitia which elected him (or her) would need to be called to vote
on whether or not a specific magistrate has been "derelict in his
duties".

Several sections of the lex Salicia poenalis might have been brought
to bear, as follows:

"A crime is committed in the moment when the reus acted or, in the
case of a crime by omission, failed to act." - lex Salicia poenalis,
Art. I.A, enacted 8 August 2756

"Crimes may be committed either by actively causing an illegal event
or state of affairs or by allowing an illegal event or state of
affairs to occur through inaction." - opere citato, Art. V.A

Except that a sitting magistrate cannot be the subject of a lawsuit.

One possibly applicable section of the same lex says:

"Whenever it is proven that a magistrate of Nova Roma has used his
magisterial powers to act against the lawful rights of a person as
defined by the laws and Constitution of Nova Roma, or to gain illegal
advantages for himself or for others, the illegal action shall be
voided." - op. cit., Art. XVII.A

Surely the co-option of a magistrate, whereby the rights of the Plebs
to elect their own representatives has been denied, is a use of
"magisterial power[s] to act against the lawful rights" of the Plebs?

It is incumbent upon the tribunes in office now to call the Comitia
Plebis Tributa to hold an election to fill the vacant tribuneship; the
law requires such a call within 45 days of Curius Saturninus'
resignation, which created the vacancy.

Vale bene,

Cato
Group: Nova-Roma Message: 33957 From: Lucius Arminius Faustus Date: 2005-03-07
Subject: Re: Comitium Populi results
Salvete,

I have some experience on law_making on NR. I´ll publish some essay
about.

But from my experience on things of Ancient and Nova Roma, we need a
big constitutional reform to correct the offices to the Ancient Rome
path, since there is the source. We must take a look specially also
on the Comitia section. I´d love to see the reforms lead by the
Tribunes as the roman tradition, however, the own constitution
prevents it, as it wrongly makes difference on power on the way the
Comitia is called (ie, only the Comitia Centuriata can vote reforms
on constitution, and only magistrates with Imperium can call the
Comitia Centuriata), besides on Ancient Rome, except on the
magisterial election, both Comitia Centuriata and Comitia Populi had
the same power - it is the same People of the Quirites. So, the
Tribunes unfortunately are tied. And we have also to approve by 2/3
of the Senate. So, it is very tought correct the Constitution...
besides we need it for a more roman approuch.

"> The first one is that you all must have seen that I did not want
to > intervene in the debate to promote the two Minian texts on
Aediles > and Resignation. Yes, I could have argued, tried to
convince > everyone, asked for a large support. "

This helps a lot for revoking. Not intervening is a way to have the
laws revoked. Last year, I approved 15 laws and had 1 revoked. This
one I really couldnt participate well of the debate due to job
pressing duties when a doubt about arose on Contio.

"But I am still waiting proposals from the most of the >
constitutional magistrates."

Yes, but here we go to a delicated subject, since the Tribunicia
Potestas is subjected to no power on the Republic, except the own
gods and own Tribunes. The tribunate is as that so they may intervene
and protect citizens on all situations. And it is very good, I agree
to death with it. If another magistrate intervenes, it may cause a
delicated situation, and it should be done as an advice, not order.

"to plurality of offices will not > prevent a real democratic debate."

The democratic system on the Roman Republic is the Comitia. The
monarchy is the magistratures. The aristocracy is the Senate. As
Polibios (book VI) said, the three are bounded, so for something go
on the Republic coming from one power, the two others systems and
powers must be on agreement. It has prevented on Rome all the turmoil
of Athens, or the stagnation of a Sparta. Why I remind this? Well,
because this is a good thing to teach always to the citizens.

Valete bene in pacem deorum,
L. Arminius Faustus PR


> Now that the results of the Comitia populi vote have been
published,
> I feel free to make some comments.
>
> First, the large vote against the laws is clear : bona fide, as the
> one that has proposed the texts, I am humbly yielding forward vox
> populi.
>
> Second, I would like to make some observations.

> Valete,
>
> Scr. Cadomago, civ. Viducassium, Gallia, a.d. IV Non. Mart.
> MMDCCLVIII a.u.c.
>
> Publius Memmius Albucius
> Tribunus Plebis
> http://www.geocities.com/publiusalbucius/great_outdoors.html
Group: Nova-Roma Message: 33958 From: A. Apollonius Cordus Date: 2005-03-07
Subject: Re: The Tribunate and the Vetoed call for the CPT
A. Apollónius Cordus Ti. Galerió Paulínó
omnibusque sal.

> Can someone please tell me how a magistrate ( this
> would including a Tribune) could be impeached in
> ancient Rome?
>
> There must have been some mechanism to remove people
> from office if the people wanted to.

It was theoretically possible for the comitia to
depose a magistrate by voting in favour of a
legislative proposal to do so. However, the precedent
for this was late republican and disastrous. The first
instance that I know of was when, in 133, Ti. Gracchus
used this procedure to depose his colleague Octávius.
Though this was technically legal, it was
fundamentally unconstitutional in that it violated the
principle of collegiality by allowing a magistrate to
interfere with the choice of his colleague.

It also worked out badly in practice because it was
part of a spiral of unconstitutionality. Octávius
began it by unconstitutionally vetoing Gracchus'
proposal; Gracchus unconstitutionally deposed
Octávius; in the end, Octávius' allies in the senate
unconstitutionally murdered Gracchus. Not a good
precedent.

The only other option was to prosecute the magistrate
on a criminal charge. It was very rare for a sitting
magistrate to be prosecuted. Indeed it was virtually a
legal principle that this could not be done, and
almost invariably the tribunes would veto such a
proposal. But in exceptional cases they might choose
to allow a prosecution. Even this stopped in the late
republic, when magisterial immunity was written into
law; and it's also impossible in Nova Róma, because
the praetórés are forbidden by the lex Equitia dé
júris dictióne to accept any prosecution against a
sitting magistrate.

The power of republican magistrates was limited by
collegiality, annual election, subsequent prosecution,
and tribunician veto. If a magistrate's colleagues and
superiors choose to allow him to do something, and the
tribunes choose to allow him to do something, then
nothing can stop him; the only thing to do is to take
comfort from the fact that he will leave office at the
end of the year and can then be prosecuted.

Send instant messages to your online friends http://uk.messenger.yahoo.com
Group: Nova-Roma Message: 33959 From: A. Apollonius Cordus Date: 2005-03-07
Subject: Re: Comitium Populi results
A. Apollónius Cordus P. Minió Albució omnibusque sal.

Are you still Minius? I thought you had become
Memmius.

I'd like to respond to some of the questions you
raised in your announcement of these results.

> - I am wondering now if :
> . a « politically neutral » way to consider Nova
> Roma political and
> legal system can exist, as some, like me, have first
> hoped ;

I would say that it can't exist, and that it shouldn't
exist. Creating laws is a political process because it
is a matter of deciding what is best for the rés
publica. In all modern democratic countries, the laws
are made not by legal experts but by political
assemblies, and this is part of our Graeco-Roman
heritage. Nothing in politically neutral: for any
problem there will always be several solutions, and
politics is the process by which one solution is
chosen. So legislation must be and ought to be
political.

But often people use the word 'politics' to mean
'partisan politics', and I wonder whether this is what
you mean here. Well, you know I don't like partisan
politics, so if what you mean is that you would like
proposals to be debated on their merits rather than on
partisan lines, I thoroughly agree. And I think this
is entirely possible in Nova Róma. The opposition to
your bills, for instance, was not partisan - it
included members of each of the three parties, and
independents. This shows that it is possible for
people from all sides to agree on things. So if what
you mean by "politically neutral" is "capable of
moving forward by broad consensus", then I think the
answer is, again, yes.

> . the approach through « limited texts » is
> appropriate ;

I guess that "limited texts" means "texts which
concentrate only on one specific problem", then again,
I'd say yes, this is appropriate. But it's also
difficult. Every legal and constitutional system is a
complex network in which everything depends on
everything else. Changing one specific thing can have
unintended effects on other things. This is why, in my
experience, legislative proposals tend to expand. Your
proposal concerning the plebeian aedility was limited,
in that it dealt only with the plebeian aediles. But
changes to the plebeian aediles necessarily affect the
curule aediles, because historically their jobs were
very similar, and they will sometimes need to work
together. So if one intends to write a proposal about
a specific thing, it is sometimes necessary to deal
with other things as well in the same proposal. But in
principle, proposals should be as specific and limited
as possible - that is the Roman method of legislation.

> . all the constitutional powers of Nova Roma
> (people, senate and
> magistrates) will be able to work together
> efficiently in 2758
> a.u.c. ;

Probably not, but that is the whole point of the Roman
constitution. It is designed to achieve progress
through creative tension and sometimes even conflict.
There is no single "government", but a large number of
autonomous magistrates, each pursuing his own
policies. They can work together if it achieves their
goals, but they are not necessarily supposed to work
together. I hope everyone can understand and embrace
this, because it is fundamental to the republican
constitution, and until we accept it we will find
Roman politics very frustrating!

> . the limited number of novaroman active citizens,
> joined to the
> different existing networks and to plurality of
> offices will not
> prevent a real democratic debate.

It don't think this will happen. You refrained from
entering the debate to support your proposals, and you
say you did this in order to allow as much debate as
possible - but I don't understand this idea. Surely
debate can only occur when two or more people
disagree? There was no real democratic debate about
your proposals, that's true. But that's not because of
any conspiracy or suppression of free speech - it's
because everyone except you agreed that the proposals
were not desirable, and you - the only person who
supported the proposals - said nothing. If the person
who makes a proposal says nothing to support it, then
it's no surprise if debate does not occur!

But I think what has happened here is extremely
encouraging. It shows that what we say here in this
forum does make a difference to the vote of the
assembly. It shows that - contrary to what many people
have pessimistically said in recent years - the voters
do *not* mindlessly approve whatever a mangistrate
proposes. This shouldn't be seen as the death-knell of
democratic debate - this should encourage us to have
faith in democratic debate.

Finally, you pose the very reasonable question about
how we move forward on the question of resignations.
It's to your great credit that you've suggested a
solution - regrettably, your solution wasn't the one
Nova Róma is looking for. I have no power to propose
my own solution, but in the hope of being helpeful let
me explain the most crucial things I would want to see
in a solution:

Only the assembly must have the power to create a new
magistrate or to depose an existing magistrate. This
is a basic principle of the Roman constitution; and it
is particularly important that a magistrate's
colleagues, or his potential colleagues, should have
no say in his creation or deposition. This would
seriously undermine the principle of collegiality,
another basic constitutional principle of the Roman
republic. Whether a magistrate's resignation is
treated as immediate and final or is given the benefit
of a period of grace (I would prefer the former, but
the latter wouldn't be a disaster), the solution must
not give his colleagues or any other magistrates any
power to intervene either to hasten or prevent his
departure or to block or facilitate his return.

Send instant messages to your online friends http://uk.messenger.yahoo.com
Group: Nova-Roma Message: 33960 From: Lucius Arminius Faustus Date: 2005-03-07
Subject: Edictum Praetoricium IV
L. Arminius Faustus PR quiritibus SPD

Ex Officio Praetoris L. Armini Fausti

I. The praetor L. Arminius Faustus nominates citizen Philipus Arminius Celsus as scriba, the scriba praetoricius ad emancipationem.

II. Citizen D. Iunius Palladius is hereby released of his duties of moderator of Main List. We most warmly thank him by the help he gave us when we needed.

DATVM·AD·VII NON. MAR.·ANN·MMDCCLVIII·AVC
FR·APULE·CAESARI·C·POPILIO·LAENAE·CONSVLIBVS

07 mars 2005

L·ARMINIVS·FAVSTVS
Praetor MMDCCLVIII AVC



---------------------------------
Yahoo! Acesso Grátis - Internet rápida e grátis. Instale o discador do Yahoo! agora.

[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 33961 From: Quintus Lanius Paulinus (Michael Kelly) Date: 2005-03-07
Subject: Re: The Tribunate and the Vetoed call for the CPT
Salve A. Apolloni Corde,

Thank you for this summary. I was cruising through the net last night
trying to find out how magistrates could have been removed but after
scanning many articles, this Gracchus case was the only situation I
could find and have come to the same conclusion. LOL, similarily the
removal of a corrupt governor while in office was next to impossible
as well.

Regards,

Quintus Lanius Paulinus


--- In Nova-Roma@yahoogroups.com, "A. Apollonius Cordus"
<a_apollonius_cordus@y...> wrote:
> A. Apollónius Cordus Ti. Galerió Paulínó
> omnibusque sal.
>
> > Can someone please tell me how a magistrate ( this
> > would including a Tribune) could be impeached in
> > ancient Rome?
> >
> > There must have been some mechanism to remove people
> > from office if the people wanted to.
>
> It was theoretically possible for the comitia to
> depose a magistrate by voting in favour of a
> legislative proposal to do so. However, the precedent
> for this was late republican and disastrous. The first
> instance that I know of was when, in 133, Ti. Gracchus
> used this procedure to depose his colleague Octávius.
> Though this was technically legal, it was
> fundamentally unconstitutional in that it violated the
> principle of collegiality by allowing a magistrate to
> interfere with the choice of his colleague.
>
> It also worked out badly in practice because it was
> part of a spiral of unconstitutionality. Octávius
> began it by unconstitutionally vetoing Gracchus'
> proposal; Gracchus unconstitutionally deposed
> Octávius; in the end, Octávius' allies in the senate
> unconstitutionally murdered Gracchus. Not a good
> precedent.
>
> The only other option was to prosecute the magistrate
> on a criminal charge. It was very rare for a sitting
> magistrate to be prosecuted. Indeed it was virtually a
> legal principle that this could not be done, and
> almost invariably the tribunes would veto such a
> proposal. But in exceptional cases they might choose
> to allow a prosecution. Even this stopped in the late
> republic, when magisterial immunity was written into
> law; and it's also impossible in Nova Róma, because
> the praetórés are forbidden by the lex Equitia dé
> júris dictióne to accept any prosecution against a
> sitting magistrate.
>
> The power of republican magistrates was limited by
> collegiality, annual election, subsequent prosecution,
> and tribunician veto. If a magistrate's colleagues and
> superiors choose to allow him to do something, and the
> tribunes choose to allow him to do something, then
> nothing can stop him; the only thing to do is to take
> comfort from the fact that he will leave office at the
> end of the year and can then be prosecuted.
>
> Send instant messages to your online friends
http://uk.messenger.yahoo.com
Group: Nova-Roma Message: 33962 From: gaiuspopilliuslaenas Date: 2005-03-07
Subject: Re: The Tribunate and the Vetoed call for the CPT
G. Popillius Laenas Consul Quiritibus salutem plurimam dicit.

I thought I should make some comment here since this controversy
continues to roil.

>>Cato: I urge the praetors to call for candidates to fill the
vacancy in the
tribunate.

Paulinus: >>This was clear, to the point and I hope FINALLY enough
for the Praetors to act and the Tribunes to let the people vote.<<

Laenas: As it has been pointed out, The Praetors have no authority
to act in this case. They have no authority in the calling
candidates for any position unless the Consuls are absent. In the
case of the Tribunate, only the Tribunes can call for such an
election.

>> Paulinus: How many times does it have to be said that Curius
Saturninus is not, legally, a tribune and that we need to hold an
election to fill the vacancy.

Laenas: With all respect, repeating something does not make it so.
The Tribunes have ruled on this issue guided by our laws and past
precedent. As far as I am concerned, the issue has been decided.

As for resignations by magistrates, I will repeat that I intend to
introduce legislation clarifying the issue after consultation with
the Senate.

Valete.
Group: Nova-Roma Message: 33963 From: Lucius Arminius Faustus Date: 2005-03-07
Subject: CORRECTION: Re: Edictum Praetoricium IV
L. Arminius Faustus PR quiritibus SPD

Just a correction on the text of the edictum: The correct name of the
citizen is Publius Arminius Celsus, not Philipus.

Valete bene in pacem deorum,
L. Arminius Faustus PR


--- In Nova-Roma@yahoogroups.com, Lucius Arminius Faustus
<lafaustus@y...> wrote:
> L. Arminius Faustus PR quiritibus SPD
>
> Ex Officio Praetoris L. Armini Fausti
>
> I. The praetor L. Arminius Faustus nominates citizen Philipus
Arminius Celsus as scriba, the scriba praetoricius ad emancipationem.
>
> II. Citizen D. Iunius Palladius is hereby released of his duties of
moderator of Main List. We most warmly thank him by the help he gave
us when we needed.
>
> DATVM·AD·VII NON. MAR.·ANN·MMDCCLVIII·AVC
> FR·APULE·CAESARI·C·POPILIO·LAENAE·CONSVLIBVS
>
> 07 mars 2005
>
> L·ARMINIVS·FAVSTVS
> Praetor MMDCCLVIII AVC
>
>
>
> ---------------------------------
> Yahoo! Acesso Grátis - Internet rápida e grátis. Instale o discador
do Yahoo! agora.
>
> [Non-text portions of this message have been removed]
Group: Nova-Roma Message: 33964 From: gaiusequitiuscato Date: 2005-03-07
Subject: Re: The Tribunate and the Vetoed call for the CPT
G. Equitius Cato G. Popillio Laeno consule S.P.D.

Salve, Popillius Laenas.

You wrote:

> Laenas: With all respect, repeating something does not make it so.
> The Tribunes have ruled on this issue guided by our laws and past
> precedent. As far as I am concerned, the issue has been decided.


With likewise all due respect, consul, I repeat that I believe the
tribunes were wrong and are indeed still wrong; I have not heard a
single argument to refute those which both myself and Apollonius
Cordus have put forth showing exactly why, legally, the tribunate has
a vacancy due to Curius Saturninus' resignation.

The tribunes were "guided" by the improperly understood application of
the law in the past. Repeating a mistake does not somehow make it
less of a mistake.

The matter has certainly not been decided in accordance with Nova
Roman law.

Vale bene,

Cato
Group: Nova-Roma Message: 33965 From: Carlos Ferreira Date: 2005-03-07
Subject: Horse Hair Crests
Hello,

If anyone has any suggestions on how I would go about dying a horse
hair crest, it would be greatly appreciated.

Thanks.
Group: Nova-Roma Message: 33966 From: Gnaeus Equitius Marinus Date: 2005-03-07
Subject: Re: Horse Hair Crests
Salve Carlos,

Carlos Ferreira <modernninja@...> writes:

> If anyone has any suggestions on how I would go about dying a horse
> hair crest, it would be greatly appreciated.

Take a look at http://www.larp.com/legioxx/crests.html

Vale,

-- Marinus
Group: Nova-Roma Message: 33967 From: Timothy P. Gallagher Date: 2005-03-07
Subject: Re: The Tribunate and the Vetoed call for the CPT
Salve Esteemed Consul G. Popillius Laenas who said in part

Laenas: With all respect, repeating something does not make it so.
The Tribunes have ruled on this issue guided by our laws and past
precedent. As far as I am concerned, the issue has been decided.

The same is just as true to the action that the Tribunes have taken in this matter. Just because they have ruled this way or that on a given topic does nothing to diminish the FACT that they are wrong both as to the lex in question and to common sense.

The pertinent passage in the constitution states in part


Article IV "An office becomes vacant if the magistrate resigns or dies." That's it no wiggle room. None!

The section of the lex in question that they used to make this ruling had been repealed!! It does not exist in fact or law.

Vale

Tiberius Galerius Paulinus










[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 33968 From: Publius Minius Albucius Date: 2005-03-07
Subject: Comitium Plebis results - Welcome to our new Aedilis Plebis !
P. Memmius Albucius omnibus quiritibus s.d.

The results of the concilium plebis election on the proposed
following items :

- Election of an Aedilis Plebis : candidate Servius Labienus Cicero


have been certified and communicated today by the Custodes and
Diribitores. These results are the following ones :

- Honorable Servius Labienus Cicero has been elected by 15 tribes
against 1, 18 tribes casting no votes.


I would like to thank every civis who has voted on this first 2758
comitia plebis, all the magistrates who helped this event happen,
specially all custodes and Diribitores and Qu. Cassius Calvus, and
Viator Ga. Vipsanius Agrippa for his help.

Please also join your voice to mine and Ma. Constantius Serapio,
Aedilis Plebis, to welcome Hon. Serv. Labienus Cicero to Aedilitas !

Valete,

Scr. Cadomago, civ. Viducassium, Gallia, Non. Mart. MMDCCLVIII a.u.c.

Publius Memmius Albucius
Tribunus Plebis
http://www.geocities.com/publiusalbucius/great_outdoors.html
Group: Nova-Roma Message: 33969 From: quintuscassiuscalvus Date: 2005-03-07
Subject: The Comitia Curiata
Salvete,

It came to my attention a few days ago that no where on the website
was there a listing of the Lictors and the Comitia Curiata. Well
there is now.

The link is http://www.novaroma.org/comitiacuriata.html It links
off all the main pages (no matter the language) under the Religio
Romana. I chose to place it under the Religio heading as the
Lictors are appointed by the Collegium Pontificum and are called by
the Pontifix Maximus.

The only draw back at this point is the text is still only in
English. As I receive translations for the text I will update the
current English page into seperate language pages and make the
appropriate link updates.

Vale,

Q. Cassius Calvus
Magister Aranearius
Group: Nova-Roma Message: 33970 From: quintuscassiuscalvus Date: 2005-03-07
Subject: Re: Comitium Plebis results - Welcome to our new Aedilis Plebis !
--- In Nova-Roma@yahoogroups.com, "Publius Minius Albucius"
<albucius_aoe@h...> wrote:
>
> P. Memmius Albucius omnibus quiritibus s.d.
>
> The results of the concilium plebis election on the proposed
> following items :
>
> - Election of an Aedilis Plebis : candidate Servius Labienus Cicero
>
>
> have been certified and communicated today by the Custodes and
> Diribitores. These results are the following ones :
>
> - Honorable Servius Labienus Cicero has been elected by 15 tribes
> against 1, 18 tribes casting no votes.

Salve,

Just for the official record so I can post the results, who was the
person who won that single tribe apparently in a write in? (under
the Lex Moravia write ins are still allowed in the Comitia Plebis
Tributa)

Vale,

Q. Cassius Calvus
Magister Aranearius
Group: Nova-Roma Message: 33972 From: André Cidade Date: 2005-03-08
Subject: Oath for apparitoria
Oath for Apparitoria

I, Publius Arminius Celsus do hereby solemnly swear to uphold the
honor of Nova Roma, and to act always in the best interests of Lucius
Arminius Faustus while I hold this office, except when such action
would be illegal or unconstitutional.

I, Publius Arminius Celsus further swear to fulfill the obligations
and Responsibilities of the office of Scriba to the best of my
Abilities while following the Roman virtues and ideals.

I, Publius Arminius Celsus swear to give faithful service to my
magistrate, and not to divulge any information discussed in
confidence. I understand that I serve solely at the discretion of my
magistrate.

On my honor as a Citizen of Nova Roma, and in the presence of the Gods
and Goddesses of the Roman people and by their will and favor, do I
accept the position of Scriba with all the privileges, obligations,
and responsibilities attendant thereto.
Group: Nova-Roma Message: 33973 From: iulius sabinus Date: 2005-03-08
Subject: IWD
SALVE OMNES !

Today is the International Women's Day.
I want to wish all NR ladys all the best, hapiness and prosperity !

VALE,
IVL SABINVS
DACIA PROVINCE


---------------------------------
Celebrate Yahoo!'s 10th Birthday!
Yahoo! Netrospective: 100 Moments of the Web

[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 33974 From: rexmarciusnr Date: 2005-03-08
Subject: Re: The Tribunate and the Vetoed call for the CPT
Marcus Marcius Rex Tiberio Gal. Paul. SPD

> The same is just as true to the action that the Tribunes have taken
in this matter. Just because they have ruled this way or that on a
given topic does nothing to diminish the FACT that they are wrong
both as to the lex in question and to common sense.
>

You may discuss this in Nova Roma law schools for generations to
come, if you please. However, what really counts is the actual
decision taken by the Tribunes. They are the ones entitled by the
constitution to make such difficult judgements. There are several
constitutional safeguards in place to make sure this power is not
abused, however, you (and your legal logic) are not one of them.

You are doing a great disservice to the Tribunate by undermining
their authority. You should stop this.

Marcus Marcius Rex
Group: Nova-Roma Message: 33975 From: gaiusequitiuscato Date: 2005-03-08
Subject: Re: The Tribunate and the Vetoed call for the CPT
G. Equitius Cato M. Marcio Regico salutem dicit.

Salve Marcius Rex

--- In Nova-Roma@yahoogroups.com, "rexmarciusnr" <RexMarcius@a...>
wrote:

> You are doing a great disservice to the Tribunate by undermining
> their authority. You should stop this.


Which is more important, sir: a decision made by a specific group of
tribunes, or the impact that that decision will have on the res
publica in the future?

The tribunes have put themselves in this position by illegally
co-opting a citizen into the tribunate. They have undermined their
own authority by not adhering to the Constitution and laws of the res
publica, as they are sworn to do; neither are they protecting the
rights of the plebs, the group that historically has relied upon the
tribunate to act in accordance with their will.

My fellow quaestor Galerius Paulinus and I disagree strongly with the
perpetuation of an act contrary to the Constitution and laws of Nova
Roma, and I for one will not stop until I am shown, legally, why this
act of the tribunes is acceptable.

The argument "Because we/they said so" is puerile in the extreme, and
as another magistrate who has sworn to uphold the Constitution and
laws of the res publica, I have no choice but to continue this
discussion until I have received an answer that can be supported by
the law.

Vale,

Gaius Equitius Cato
Quaestor
Group: Nova-Roma Message: 33976 From: Doris Date: 2005-03-08
Subject: Report from Group Aquilaheliaca
Salvete Omnes!

We have had many stories of triumph and tragedy at the yahoo
group "aquilaheliaca", dedicated to honoring the Imperial Eagle and
other noble raptors. The group is open to all: Nova Romans,
antiquarians, naturalists and historians. Please come join us.

We are currently sponsoring one Imperial Eagle who will reguire
lifetime care, although he is in good health and may breed... very
critical to help the species itself to survive, and a wonderful owl
nicknamed "Magna" who has served as surrogate mother to many young
orphaned owlets, beloved symbol of Minerva.

Our photo archives are a wonderful resource of both ancient
depictions of the aquila heliaca and photographs of the all too few
living birds.

Unless we act, we may well be the last generation to ever see living
Roman Imperial Eagles.

--Sabina Equitia Doris
---------

From: Salvia Sempronia Graccha <xxxxxxxx>
Date: Mon Mar 7, 2005 2:30 pm
Subject: Re: [aquilaheliaca] March Stipend is On its Way


Ave Sabina!
Send this inspiring appeal to the Main List. Everybody needs to see
it.
Salvia
(And thanks again for acting as conduit for my payment.)

--- Doris <doris-butler@xxxx> wrote:

>
> Salvete Omnes /Greetings All!
>
> Through the miracle of internet transfer, the March stipends for the
> Aquila Heliaca and "Mama Magna" the heroic owl are winging their way
> to James and the crew at Stara Zagora!
>
> We know our raptor friends need extra calories throughout the cold,
> so how about a few extra tidbits for "our" birds?
>
> Seriously, not long back, James emailed me three new pictures from
> the wildlife center, and we have *not* been able to get them
> downloaded to the group archives. Perhaps it is just as well.
>
> Let me explain: Yes, there is one of the sponsored Aquila, looking
> quite regal, then the other two would break any heart. Victims of
> poachers; raptors alive and alert... but with only one wing. Stop to
> think what that means.
>
> Every little bit helps, and please do not be shy about privately
> writing James or myself that, Hey, I can only give a little... a
> little goes a long ways for a noble raptor with but one wing. I can
> help with the paypal transfer if you do not have an account. We
> always recieve a public acknowledgement for every "sesterce" and if
> in doubt, just "ask" publically here so you can be sure your
donation
> goes immediately directly to the injured or orphaned birds'
> care. 'One time' donations are very welcome as well as sponsorships.
>
> Whatever our faith, belief system, etc, who cannot find Virtue in
> helping an injured and/or endangered noble raptor? When we debate
> about Roma, about the Way of the Romans, the Virtues: Stop debating
> and Do Something! LIVE the Virtues here and now. The way is clear,
> and 'do-able'!
>
> --Doris
> aka Sabina Equitia Doris
Group: Nova-Roma Message: 33977 From: rexmarciusnr Date: 2005-03-08
Subject: Re: The Tribunate and the Vetoed call for the CPT
Marcus Marcius Rex G. Equitio Cato SPD

>
> The argument "Because we/they said so" is puerile in the extreme,
and
> as another magistrate who has sworn to uphold the Constitution and
> laws of the res publica, I have no choice but to continue this
> discussion until I have received an answer that can be supported by
> the law.

Well to put it in a nutshell: just because you said so, the decision
of the Tribunes does not become illegal. I happen to think otherwise,
having had lots of research done on this issue when being a Tribune
myself and when Gaius Popilius Laenas was lawfully co-opted by us as
Tribune back in 2756. But this my own opinion is just as moot as what
you have to bring to the forum: we both have no legal authority here
and those that have, have already spoken. "Roma locuta, causa
finita", as another "puerile" institution has put it.

Ave et Vale

Marcus Marcius Rex
Group: Nova-Roma Message: 33978 From: gaiusequitiuscato Date: 2005-03-08
Subject: Re: The Tribunate and the Vetoed call for the CPT
G. Equitius Cato M. Marcio Regico salutem dicit.

Salve Marcius Rex

Just to remind you, I do not hold with the institution which claimed
such authority, not being a Roman atholic :-)

At any rate, I am simply asking for someone, anyone, to explain how
and why under Nova Roman law co-optation to an elective magistracy can
be legal; I also ask for the legal foundation (NOT "precedent", as
precedent holds no place in Roman law) which supports the idea that a
magistracy, once resigned, can simply be picked up again at the will
of the ex-office-holder.

I do not think it too much to ask our magistrates to explain their
legal reasoning when dealing with an issue as...interesting...as this one.

Vale,

Cato
Group: Nova-Roma Message: 33979 From: mfalco1 Date: 2005-03-08
Subject: Re: The Tribunate and the Vetoed call for the CPT
M.Ambrosius Falco G.Equitio Cato

Salve Cato
< At any rate, I am simply asking for someone, anyone, to explain how
and why under Nova Roman law co-optation to an elective magistracy
can>
I don't believe that co-option is an established practice within our
constiution. I have watched this debate with avid interest, and
decided to look at the constitution itself. I digress by quoting
directly: "IF AN OFFICE BECOMES VACANT, AND SUITABLE CANDIDATES ARE
AT HAND, AN ELECTION SHALL BE HELD IN THE APPROPRIATE COMITIA TO
ELECT A SUCCESSOR TO SERVE OUT THE REMAINDER OF THE TERM WITHIN FORTY-
FIVE DAYS."
I am therefore force to say Gaius Equitius, that unless there is a
lex that contradicts this, then the Plebs need to be convened to
elect a new Tribune. Forgive my ignroance if I am incorrect in my
interpretation, Gaius Equitius, I am a Political Science, not Law
student.

Vale
Falco

--- In Nova-Roma@yahoogroups.com, "gaiusequitiuscato" <mlcinnyc@y...>
wrote:
>
> G. Equitius Cato M. Marcio Regico salutem dicit.
>
> Salve Marcius Rex
>
> Just to remind you, I do not hold with the institution which claimed
> such authority, not being a Roman atholic :-)
>
> At any rate, I am simply asking for someone, anyone, to explain how
> and why under Nova Roman law co-optation to an elective magistracy
can
> be legal; I also ask for the legal foundation (NOT "precedent", as
> precedent holds no place in Roman law) which supports the idea that
a
> magistracy, once resigned, can simply be picked up again at the will
> of the ex-office-holder.
>
> I do not think it too much to ask our magistrates to explain their
> legal reasoning when dealing with an issue as...interesting...as
this one.
>
> Vale,
>
> Cato
Group: Nova-Roma Message: 33980 From: Timothy P. Gallagher Date: 2005-03-08
Subject: Re: The Tribunate and the Vetoed call for the CPT
Salve Marcus Marcius Rex et al who said in part


"You may discuss this in Nova Roma law schools for generations to
come, if you please. However, what really counts is the actual
decision taken by the Tribunes. They are the ones entitled by the
constitution to make such difficult judgments."

Judgment yes not unconstitutional actions nor the willful refusal to allow their "Bosses" ie the Plebs to vote on this matter.

What pray tell are they afraid of ? Are they afraid that their ruling will be upheld or that it will be rejected for these are the only two outcome that could happen if the plebs are allowed to vote on the matter.

"There are several constitutional safeguards in place to make sure this power is not abused,..."

Actually because we are continuing to talk about this issue and there is no prospect of a reversal of this wrong decision I would have to say there are NO "constitutional safeguards in place to make sure this power is not abused,..." The majority of the Tribunes have made a decision, they have I do not doubt done so in good faith but it is simply wrong and they will not change it so as not to lose face.

"however, you (and your legal logic) are not one of them."

It is very interesting that you quoted my post except when I quoted Article IV of the constitution that clearly states that an office becomes vacant upon resignation or death.

I should know what it means I wrote it.

Would anybody maintain that if a magistrate "died" in office that the office is from that moment NOT vacant? It is the same with a resignation you give it and you are done. Even that section of the Lex that the Tribunes have used to "keep" a former Tribune in office was repealed .

There are no legal pillars holding up their house of cards.

"You are doing a great disservice to the Tribunate by undermining their authority. You should stop this."

Or What?

I may be doing a disservice to the Tribunate but I am serving a higher calling the rule of law and the adherence to our written constitution no matter how un Roman a written constitution may be.

If any of the Tribunes believes I have over stepped the bounds of free speech and public discourse then PLEASE charge me with a crime so we can have this decided once and for all!

I am prepared to take my chances in a Nova Roma Court of Law, are they????

Vale

Tiberius Galerius Paulinus






[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 33981 From: Q. Caecilius Metellus Date: 2005-03-08
Subject: Re: The Tribunate and the Vetoed call for the CPT
> I am therefore force to say Gaius Equitius, that unless there is a
> lex that contradicts this, then the Plebs need to be convened to
> elect a new Tribune. Forgive my ignroance if I am incorrect in my
> interpretation, Gaius Equitius, I am a Political Science, not Law
> student.

You are right, Falco, and this is what has been said by Cato and Paulinus,
and I agree with them. And, as they've said, there's nothing keeping
Saturninus from standing in such an election. Either way, an election must
be held, immediately.

Vale,

Quintus Caecilius Metellus Pius
Diribitor
Group: Nova-Roma Message: 33982 From: mfalco1 Date: 2005-03-08
Subject: Re: The Tribunate and the Vetoed call for the CPT
Salve Tiberius Galerius Paulinus
> "You are doing a great disservice to the Tribunate by undermining
their authority. You should stop this."

The Tribunate has done a great disservice to the Plebs by not
allowing them their constituional right to vote for a new tribune.

>I am prepared to take my chances in a Nova Roma Court of Law, are
they????

I highly doubt it. What is the point of existing in the res publica
if one cannot debate the merits of political acts freely?

Pax et vale bene
Marcus Ambrosius Falco.

--- In Nova-Roma@yahoogroups.com, "Timothy P. Gallagher"
<spqr753@m...> wrote:
> Salve Marcus Marcius Rex et al who said in part
>
>
> "You may discuss this in Nova Roma law schools for generations to
> come, if you please. However, what really counts is the actual
> decision taken by the Tribunes. They are the ones entitled by the
> constitution to make such difficult judgments."
>
> Judgment yes not unconstitutional actions nor the willful refusal
to allow their "Bosses" ie the Plebs to vote on this matter.
>
> What pray tell are they afraid of ? Are they afraid that their
ruling will be upheld or that it will be rejected for these are the
only two outcome that could happen if the plebs are allowed to vote
on the matter.
>
> "There are several constitutional safeguards in place to make sure
this power is not abused,..."
>
> Actually because we are continuing to talk about this issue and
there is no prospect of a reversal of this wrong decision I would
have to say there are NO "constitutional safeguards in place to make
sure this power is not abused,..." The majority of the Tribunes have
made a decision, they have I do not doubt done so in good faith but
it is simply wrong and they will not change it so as not to lose face.
>
> "however, you (and your legal logic) are not one of them."
>
> It is very interesting that you quoted my post except when I
quoted Article IV of the constitution that clearly states that an
office becomes vacant upon resignation or death.
>
> I should know what it means I wrote it.
>
> Would anybody maintain that if a magistrate "died" in office that
the office is from that moment NOT vacant? It is the same with a
resignation you give it and you are done. Even that section of the
Lex that the Tribunes have used to "keep" a former Tribune in office
was repealed .
>
> There are no legal pillars holding up their house of cards.
>
> "You are doing a great disservice to the Tribunate by undermining
their authority. You should stop this."
>
> Or What?
>
> I may be doing a disservice to the Tribunate but I am serving a
higher calling the rule of law and the adherence to our written
constitution no matter how un Roman a written constitution may be.
>
> If any of the Tribunes believes I have over stepped the bounds of
free speech and public discourse then PLEASE charge me with a crime
so we can have this decided once and for all!
> am prepared to take my chances in a Nova Roma Court of Law, are
they????
>

> I> Vale
>
> Tiberius Galerius Paulinus
>
>
>
>
>
>
> [Non-text portions of this message have been removed]
Group: Nova-Roma Message: 33983 From: gaiusequitiuscato Date: 2005-03-08
Subject: The Entire Argument
OSD Gaius Equitius Cato

Salvete omnes.

I would like to lay out, in its entirety, the case I have been making
regarding the vacancy in the tribunate. I apologize that it is long,
but I feel it important to show, step by step, why I believe the
vacancy exists.


From post #31933, dated 2 January 2005:

"On my honor as a Citizen of Nova Roma, and in the presence of the
Gods and Goddesses of the Roman people and by their will and favor, do
I accept the position of Tribunus Plebis and all the rights,
privileges, obligations, and responsibilities attendant thereto." -
Cassius Curius Saturninus, accepting the magistracy of a tribune of
the plebs

Curius Saturninus WAS elected a tribune.



From post #32025, dated 3 January, 2005:

"I will unsubscribe from all the mailing lists so there is no point of
making any public non-sense about this. I resign from all my posts and
my citizenship." - Cassius Curius Saturninus, resigning from his
magistracy and his citizenship the day after swearing his oath

Curius Saturninus RESIGNED his tribuneship.



From the Constitution of Nova Roma, Article IV, Preface:

"An office becomes vacant if the magistrate resigns or dies."

Curius Saturninus' tribuneship, having been resigned, BECOMES VACANT.



There is only clear law that says that citizenship, and only
citizenship, can be resumed within nine days (inclusive) from the day
a citizen resigns.

From the lex Cornelia et Maria de civitate eiuranda, as amended,
Article II:

"When a citizen resigns CITIZENSHIP [my emphasis] in Nova Roma, the
resignation will not take effect for nine days from the date of the
censors being notified, counting inclusively of the date of the
notification."

Again, from the Constitution of Nova Roma, Article IV, Preface:

"An office becomes vacant if the magistrate resigns or dies."



At 5.09am, on 9 January, Curius Saturninus announced his return to
Nova Roma, and his citizenship was left intact. His office, having
been vacated some 6 days earlier, remained vacant.



From post #32322, dated 12 January, 2005:

"Having looked at the relevant Nova Roman legislation and the
precedents regarding the case, having in the process contacted the
Censores in order to gain some relevant informations needed to reach
their conclusions, the four Tribunes found themselves of the opinion,
with one dissenting voice, that Caius Curius Saturninus has to be
considered as having never resigned his office." - Domitius
Constantinus Fuscus, writing "on behalf of the Tribunes"

The TRIBUNES now decide that Curius Saturninus has "never resigned his
office" - in direct contradiction to Saturninus' own words ("I resign
from all my posts" - see above). This is co-optation; the tribunes
decide who will fill the vacancy in the tribunate, instead of allowing
the People (specifically, the plebs) to elect a candidate into that
vacancy.

The Constitution states that once resigned, a magistracy becomes
vacant. We have a vacancy in the tribunate that must be filled. The
tribunes cannot fill that vacancy by their fiat, because they do not
have the power (historically or legally) to do so. Marca Hortensia's
call for the CPT to "confirm" Saturninus was vetoed as it should have
been (there is neither a legal mechanism in our law for "confirmation"
nor can you "confirm" someone in an office they do not hold), so it no
longer has any effect - there is no comitia being called.

Precedent only holds in Roman law until it is challenged; the earlier
re-admissions to positions were unchallenged, but that does not make
them either correct or legal; on top of which, arguing that because it
happened before it must be accepted is a classic fallacy: that of tu
quoque ("you too"). This is the fallacy of defending an error in one's
reasoning by pointing out that someone else has made the same error.
An error is still an error, regardless of how many people make it, or
how often.

I hope this makes my position (and that of Galerius Paulinus, I
believe), crystal clear.

Valete bene,

Cato
Group: Nova-Roma Message: 33984 From: Timothy P. Gallagher Date: 2005-03-08
Subject: Re: The Entire Argument
Salve Gaius Equitius Cato et al

"I hope this makes my position (and that of Galerius Paulinus, I
believe), crystal clear."

Valete bene,

Cato


Indeed it does!!!!

Vale

Tiberius Galerius Paulinus

----- Original Message -----
From: gaiusequitiuscato<mailto:mlcinnyc@...>
To: Nova-Roma@yahoogroups.com<mailto:Nova-Roma@yahoogroups.com>
Sent: Tuesday, March 08, 2005 6:36 PM
Subject: [Nova-Roma] The Entire Argument



OSD Gaius Equitius Cato

Salvete omnes.

I would like to lay out, in its entirety, the case I have been making
regarding the vacancy in the tribunate. I apologize that it is long,
but I feel it important to show, step by step, why I believe the
vacancy exists.


From post #31933, dated 2 January 2005:

"On my honor as a Citizen of Nova Roma, and in the presence of the
Gods and Goddesses of the Roman people and by their will and favor, do
I accept the position of Tribunus Plebis and all the rights,
privileges, obligations, and responsibilities attendant thereto." -
Cassius Curius Saturninus, accepting the magistracy of a tribune of
the plebs

Curius Saturninus WAS elected a tribune.



From post #32025, dated 3 January, 2005:

"I will unsubscribe from all the mailing lists so there is no point of
making any public non-sense about this. I resign from all my posts and
my citizenship." - Cassius Curius Saturninus, resigning from his
magistracy and his citizenship the day after swearing his oath

Curius Saturninus RESIGNED his tribuneship.



From the Constitution of Nova Roma, Article IV, Preface:

"An office becomes vacant if the magistrate resigns or dies."

Curius Saturninus' tribuneship, having been resigned, BECOMES VACANT.



There is only clear law that says that citizenship, and only
citizenship, can be resumed within nine days (inclusive) from the day
a citizen resigns.

From the lex Cornelia et Maria de civitate eiuranda, as amended,
Article II:

"When a citizen resigns CITIZENSHIP [my emphasis] in Nova Roma, the
resignation will not take effect for nine days from the date of the
censors being notified, counting inclusively of the date of the
notification."

Again, from the Constitution of Nova Roma, Article IV, Preface:

"An office becomes vacant if the magistrate resigns or dies."



At 5.09am, on 9 January, Curius Saturninus announced his return to
Nova Roma, and his citizenship was left intact. His office, having
been vacated some 6 days earlier, remained vacant.



From post #32322, dated 12 January, 2005:

"Having looked at the relevant Nova Roman legislation and the
precedents regarding the case, having in the process contacted the
Censores in order to gain some relevant informations needed to reach
their conclusions, the four Tribunes found themselves of the opinion,
with one dissenting voice, that Caius Curius Saturninus has to be
considered as having never resigned his office." - Domitius
Constantinus Fuscus, writing "on behalf of the Tribunes"

The TRIBUNES now decide that Curius Saturninus has "never resigned his
office" - in direct contradiction to Saturninus' own words ("I resign
from all my posts" - see above). This is co-optation; the tribunes
decide who will fill the vacancy in the tribunate, instead of allowing
the People (specifically, the plebs) to elect a candidate into that
vacancy.

The Constitution states that once resigned, a magistracy becomes
vacant. We have a vacancy in the tribunate that must be filled. The
tribunes cannot fill that vacancy by their fiat, because they do not
have the power (historically or legally) to do so. Marca Hortensia's
call for the CPT to "confirm" Saturninus was vetoed as it should have
been (there is neither a legal mechanism in our law for "confirmation"
nor can you "confirm" someone in an office they do not hold), so it no
longer has any effect - there is no comitia being called.

Precedent only holds in Roman law until it is challenged; the earlier
re-admissions to positions were unchallenged, but that does not make
them either correct or legal; on top of which, arguing that because it
happened before it must be accepted is a classic fallacy: that of tu
quoque ("you too"). This is the fallacy of defending an error in one's
reasoning by pointing out that someone else has made the same error.
An error is still an error, regardless of how many people make it, or
how often.

I hope this makes my position (and that of Galerius Paulinus, I
believe), crystal clear.

Valete bene,

Cato




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[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 33986 From: A. Apollonius Cordus Date: 2005-03-09
Subject: Re: Comitium Plebis results - Welcome to our new Aedilis Plebis !
A. Apollonius Cordus Ser. Labieno Ciceroni omnibusque
sal.

Congratulations on your election, and thank you for
standing for this office - you have saved the plebs
from the shame of an incomplete slate of magistrates
(well, leaving aside the question of the tribunate!).

Thanks also to the diribitores & custodes.

Send instant messages to your online friends http://uk.messenger.yahoo.com
Group: Nova-Roma Message: 33987 From: rexmarciusnr Date: 2005-03-09
Subject: Re: The Entire Argument
Marcus Marcius Rex Gaius Equ. Cato SPD

If I may:

> From the Constitution of Nova Roma, Article IV, Preface:
>
> "An office becomes vacant if the magistrate resigns or dies."

You mentioned once that there is no wiggle room here whatsoever. Are
you so sure about that? The Constitution, in the next sentence, goes
on to explain that an office also becomes vacant if a magistrate,
strictly speaking, "disappears". This could be all of three things:
legal death, legal resignation or its own category. What I mean to
say is that things with resignations - and that is taken from
experience in Nova Roma - have never been as clearcut as you seem to
imply.

The problem is that the constitution fails to describe what an
acceptable FORM of resignation of magisterial office is. Does it need
to be accepted? Does it need to be in writing? Does it need to be
directed to someone? These are important questions and they are open
to interpretation as the constitution is silent on them as far as
magisterial offices are concerned.

But what is quite clear from the constitution itself is that
qualifications for resignations CAN apply. e.g.

Resignation of citizenship: Notification of Censors or public
statement before three or more witnesses (II.A.4).
Resignation of Augurs: in writing to the Pontifex Maximus and the
Magister Collegii (VI.B.2.)

A law or a magisterial edictum that goes into even further detail
explaining a qualification for resignations is - to my mind at least -
not automatically in conflict with the Constitution and therefore
legally binding. Witness the Lex Cornelia et Maria de civitate
eiuranda, whose constitutionality even you do not seem to question
and which introduced the additional qualification of a nine day
waiting period for resignations of citizenship (mentioned nowhere in
the Constitution).

The same law (as amended) also deals with resignation of offices, but
only indirectly by saying that the resignation of citizenship is
a "de facto" resignation of offices. The nine day waiting period is
not mentioned but it is certainly not in conflict with the law to
assume - by a simple analogy - that the office only becomes vacant
once the waiting period is over. This can of course be widened to
explicit resignation of offices as well.

The reasoning behind this - as I see it - is that such a grave step
as a resignation of citizenship or offices should only be allowed to
take effect if there is a guarantee that its consequences have been
weighed in by the individual to their full extent. This tends not to
be the case with (usually) emotionally laden resignation notices and
the wisdom of this has been proven over time as it has kept Nova Roma
running better than if elections had to be held each and every time a
magistrate "resigned" and then reconsidered. So actually the waiting
period is in the interest of both the individual office holder and
Nova Roma in general.

However we once did have a time, when all you bring forward with
regard to the resignation of Saturninus would have been met with my
full approval. In 2754 a consular edictum went another way putting
more emphasis on the punishment side that should be associated with
the resignation of offices. With the edictum the waiting period was
explicitly ruled out for the resignation of offices. However, the
edictum ran out, was not renewed and because of that the practice
reverted back to what it was before the edictum i.e. the waiting
period for resignation of offices was reintroduced. This was
universally applied until today, as far as I can see.

Point for me is: The decision of the Tribunes to interpret the
resignation of Saturninus as not effective is not in "flagrant"
violation of the Constitution. Yes, I agree you can have a different
opinion to mine about that. But the Constitution puts the Tribunes -
not us - in charge of deciding which opinion should prevail....and
this we both should respect.

That is all I have to say on that.

Ave et vale

Marcus Marcius Rex
Group: Nova-Roma Message: 33988 From: Maior Date: 2005-03-09
Subject: Re: The Entire Argument
---M.Hortensia Maior Quiritibus spd;
Salvete Plebes, I will not be calling the Comitia any more as
it is a fruitless effort as the other tribunes do not agree.
But it is their right not to and we must obey their resolution.

So Tiberius Galerius Paulinus I expect you to understand that this
is perfectly legal and to drop any idea of a lawsuit. There is no
legal basis to sue the other tribunes. In any event, justice would
require you to sue also Consul Laenas and Pontiff Scaurus so as not
to appear partisan.

We may as always continue any and all legal and political discussions
about this. But we also must accept the tribunes's decision as final.

I suggest that those who are interested write a good law about
magistrate resignations and send it to me or any of our tribunes and
we will put it forward to be voted upon.
bene vale in pace deorum
M. Hortensia Maior TRP
Propraetrix Hiberniae
caput Officina Iuriis
et Investigatio CFQ


Yes, I agree you can have a different
> opinion to mine about that. But the Constitution puts the Tribunes -

> not us - in charge of deciding which opinion should prevail....and
> this we both should respect.
>
> That is all I have to say on that.
>
> Ave et vale
>
> Marcus Marcius Rex
Group: Nova-Roma Message: 33989 From: gaiuspopilliuslaenas Date: 2005-03-09
Subject: Re: The Entire Argument
> I suggest that those who are interested write a good law about
> magistrate resignations and send it to me or any of our tribunes
and
> we will put it forward to be voted upon.
> bene vale in pace deorum
> M. Hortensia Maior TRP<<

Salvete Omnes,

As I have mentioned, I will be consulting the Senate regarding this
matter in our next meeting and I expect to propose legislation
clarifying the entire matter after than consultation.

Valete,

G. Popillius Laenas
Group: Nova-Roma Message: 33990 From: pompeia_minucia_tiberia Date: 2005-03-09
Subject: Re: The Entire Argument
---P. Minucia Tiberia S.P.D.

Salve Marcus Marcius Rex et Salvete Omnes Novae Romae:

First off, my thanks for this detailed and well written analysis of
the resignation legislation as it presents in our legal language in
NR today.

I think you have written in these paragraphs, what many of us have
endeavored to convey in segments, but have not been able to with any
success in convincing those speaking against the recent actions of
the Tribunes that they,the Tribunes, despite any disagreement with
the legal language in question, have nonetheless the constitutional
power to 'administer the law'. This to me, entitles a Tribune
majority to interpret the law to what they feel is in keeping with
the letter and spirit of the constitution. They have every right to
honour precedent and retain Saturninus Tribune's services, in
keeping with their constitutional right to 'administer the law'.
No, precedents are not obligatory, but they may be followed, much to
the consternation of an objecting few.


I have not, and correct me if I've missed something, read anything
in this forum which even acknowledges this fundamental role of the
Tribunes, from those writers who seem to view that their dislike for
prevailing legislation is somehow a legal porthole by which they can
usurp the prevailing Tribunes' majority decisions.

I'm sure we all wish at one point or another, that a particular
intercessio,or other such administrative decision would just 'up and
go away'. But sacrosainctity and imperium, given through comitia
(the people) give magistrates the right to make these decisions, and
we cannot upend the government because we do not see their
respective rationales. We lobby for change and perhaps cast our
votes differently the following election.

In further examination of the constitution, I cannot seem to find
where the Tribunes must lay every decision they make at the feet of
the Quaestors before it can be considered lawfully valid. If said
Quaestors do not like the laws, they may lobby for new language. If
said Quaestors feel that they can do a better job as Tribune, then
by all means they may run for Tribune, or see if they can switch to
the Plebian order so they may do so, if they are patricians, if
their need to be an advocate is so strong.

I'm having additional difficulties with the expressed attitude that
if the Tribunes choose *not* explain themselves intricately with
respect to the hair-splitting evaluation of current legal language
and its application, then said Tribunes are acting in an
authoritarian fashion. This attitude is atleast as equally
extremist to the authoritarianisms they accuse the Tribunes of
wielding. Moreover, the ever growing number of persons with law
degrees macronationally, the ever growing number of those who have
experience as successful magistrates in NR whose wisdom and opinions
are being contested by the Quaestoral duo of Cato and Galerius, does
not give me comfort that these two have any sense of
pragmatism....at least I don't see where they are 'one up' on the
Tribune majority they criticize.

Nah.... a repeated public performance on the part of a couple of
Quaestors insisting that the Tribunes 'explain
themselves', 'justify' themselves to these Quaestors....'show me
this' and 'show me that' in the law, or we will not hold the
decision of the Tribunate with any legal weight, serves no purpose
other than to display attention-seeking behaviour. I quite arguing
with them a month ago, because well, 'they're right and everyone
else is wrong'...so there is no point.

It could well be that the rationale for this strategy is that
lobbying for that which is not lawful proves equally gratuitous as
lobbying through proper legal channels, I don't know. But
any 'stand' they make in this regard, atleast to me, is as rigid as
a plate of cooked linguini:). People aren't going to think 'oh,
they made a fuss, so they must know the law and be awsome
politicians'. I give the populace a bit more credit than that. Or
it might be thought that if enough fuss is made, well, then, the
Tribunes will cave. I don't know. And I am through with this aspect.

One last observation from the constitution, or lack of, should I
say, is that I can't find where a Tribune can overturn the veto of
another Tribune. The constitution states that the only one capable
of overturning a Tribune's veto is the dictator or the interrex.This
would mean that a Tribune cannot overturn the intercessio...or 'act
in defiance' of a legal and binding Tribune's intercessio, no?

If I am not mistaken, I see a comita call in defiance of the lawful
veto of the majority of Tribunes as an attempt to overturn the legal
intercessio of a Tribune, which only a dictator or interrex can
do...not even a Tribune....am I incorrect here?

If a Tribune does not like a consensus of the rest of the Tribunes
which they make in their constitutional role to 'administer the
law'...then said Tribune may pronounce intercessio within 72 hours.
This intercessio may be defeated as per the terms of the
constitution through the lex Labienia. If it does, it is considered
the voice of the Tribunes, so empowered by the people and this
decision is legal and binding, and that is that. Going back to
square one a bit, the Tribune issuing the initial, and defeated veto
may not act in defiance of the majority of Tribunes...this is in
essense 'overturning' the veto of a Tribune, which only a dictator
or interrex may do.

So I see this whole recent comitia call business, with respect to
the Tribunes, Senate and Populus, as being, and correct me if need
be.... Illegal.

I see the actions of the Quaestors in question as being
inappropriate, attention-seeking, and misusing precious energy and
good intentions by not utilizing due process of law, but I see the
former as being unconstitutional and therefore void of law.






In Nova-Roma@yahoogroups.com, "rexmarciusnr" <RexMarcius@a...>
wrote:
>
> Marcus Marcius Rex Gaius Equ. Cato SPD
>
> If I may:
>
> > From the Constitution of Nova Roma, Article IV, Preface:
> >
> > "An office becomes vacant if the magistrate resigns or dies."
>
> You mentioned once that there is no wiggle room here whatsoever.
Are
> you so sure about that? The Constitution, in the next sentence,
goes
> on to explain that an office also becomes vacant if a magistrate,
> strictly speaking, "disappears". This could be all of three
things:
> legal death, legal resignation or its own category. What I mean to
> say is that things with resignations - and that is taken from
> experience in Nova Roma - have never been as clearcut as you seem
to
> imply.
>
> The problem is that the constitution fails to describe what an
> acceptable FORM of resignation of magisterial office is. Does it
need
> to be accepted? Does it need to be in writing? Does it need to be
> directed to someone? These are important questions and they are
open
> to interpretation as the constitution is silent on them as far as
> magisterial offices are concerned.
>
> But what is quite clear from the constitution itself is that
> qualifications for resignations CAN apply. e.g.
>
> Resignation of citizenship: Notification of Censors or public
> statement before three or more witnesses (II.A.4).
> Resignation of Augurs: in writing to the Pontifex Maximus and the
> Magister Collegii (VI.B.2.)
>
> A law or a magisterial edictum that goes into even further detail
> explaining a qualification for resignations is - to my mind at
least -
> not automatically in conflict with the Constitution and therefore
> legally binding. Witness the Lex Cornelia et Maria de civitate
> eiuranda, whose constitutionality even you do not seem to question
> and which introduced the additional qualification of a nine day
> waiting period for resignations of citizenship (mentioned nowhere
in
> the Constitution).
>
> The same law (as amended) also deals with resignation of offices,
but
> only indirectly by saying that the resignation of citizenship is
> a "de facto" resignation of offices. The nine day waiting period
is
> not mentioned but it is certainly not in conflict with the law to
> assume - by a simple analogy - that the office only becomes vacant
> once the waiting period is over. This can of course be widened to
> explicit resignation of offices as well.
>
> The reasoning behind this - as I see it - is that such a grave
step
> as a resignation of citizenship or offices should only be allowed
to
> take effect if there is a guarantee that its consequences have
been
> weighed in by the individual to their full extent. This tends not
to
> be the case with (usually) emotionally laden resignation notices
and
> the wisdom of this has been proven over time as it has kept Nova
Roma
> running better than if elections had to be held each and every
time a
> magistrate "resigned" and then reconsidered. So actually the
waiting
> period is in the interest of both the individual office holder and
> Nova Roma in general.
>
> However we once did have a time, when all you bring forward with
> regard to the resignation of Saturninus would have been met with
my
> full approval. In 2754 a consular edictum went another way putting
> more emphasis on the punishment side that should be associated
with
> the resignation of offices. With the edictum the waiting period
was
> explicitly ruled out for the resignation of offices. However, the
> edictum ran out, was not renewed and because of that the practice
> reverted back to what it was before the edictum i.e. the waiting
> period for resignation of offices was reintroduced. This was
> universally applied until today, as far as I can see.
>
> Point for me is: The decision of the Tribunes to interpret the
> resignation of Saturninus as not effective is not in "flagrant"
> violation of the Constitution. Yes, I agree you can have a
different
> opinion to mine about that. But the Constitution puts the
Tribunes -
> not us - in charge of deciding which opinion should prevail....and
> this we both should respect.
>
> That is all I have to say on that.
>
> Ave et vale
>
> Marcus Marcius Rex
Group: Nova-Roma Message: 33991 From: Manius Constantinus Serapio Date: 2005-03-09
Subject: Interview the Expert - Prof. Andrew Lintott
AVETE OMNES

Lucius Iulius Sulla being currently very busy with his macronational
and Novaroman duties as Curule Aedile, the Academia Italica assigned
to me the task to continue the "Interview the Expert" project, which
proved to be very useful for Nova Roma and for the Novaromans.
I will try to do my best to keep up the good job done by Lucius
Iulius and I hope to be able to offer you many interesting topics
and experts for your interviews.
Of course nothing will change for you: every month there will be a
new expert about a specific field of ancient Rome and you will have
the opportunity to send me your questions for him. He will then send
me his/her answers which will be published as always at:
http://www.novaroma.org/expert/index.htm

Let's start. The expert of this month is Prof. Andrew Lintott. He
will answer to your questions about the following subject:

"The Constitution of the Roman Republic"

Andrew Lintott is a Fellow of Worcester College, Oxford and has
recently retired from the position of Professor of Roman History in
that university. His books are Violence in Republican Rome,
Violence and Civil Strife in the Classical City, Imperium Romanum,
Judicial Reform and Land Reform in the Roman Republic, The
Constitution of the Roman Republic, and a breviarium, The Roman
Republic. He has also been joint editor of two volumes (IX and X)
of the new Cambridge Ancient History. He has had regular contact
with Italy since the 1950s and has been a Visiting Fellow at the
British School at Rome.

Many of you might have several interesting questions about the
unwritten Constitution of the Roman republic. I also remember there
was some discussion on the Main List about Lintott's book. Well, now
you have him in person. Just ask and he will answer! :-)

OPTIME VALETE
Manivs Constantinvs Serapio
Aedilis Plebis
Propraetor Italiae
Senator
Magister Magnus Academiae Italicae
Group: Nova-Roma Message: 33992 From: Maior Date: 2005-03-09
Subject: Re: The Entire Argument
M. Hortensia Maior P. Minuciae Straboni spd;
Salve Pompeia Minucia, what I did was to introduce legislation by
calling the comitia, which is perfectly legal.
Remember in the Roman Republic when the comitia meets and votes
that's the law, negating whatever was past.

Tribune Fuscus, last I heard, wanted to introduce legislation to
overturn the new family leges, that's perfectly legal and correct.
Tribunes introduce legislation and the people vote on it.
optime vale
M. Hortensia Maior TRP
Propraetrix Hiberniae
caput Officina Iuriis
et Investigatio CFQ


I can't find where a Tribune can overturn the veto of
> another Tribune. The constitution states that the only one capable
> of overturning a Tribune's veto is the dictator or the
interrex.This
> would mean that a Tribune cannot overturn the intercessio...or 'act
> in defiance' of a legal and binding Tribune's intercessio, no?
>
>
Group: Nova-Roma Message: 33993 From: pompeia_minucia_tiberia Date: 2005-03-09
Subject: Re: The Entire Argument
---P. Minucia Tiberia Marca Hortensia Tribuna S.P.D.

Salve Hortenia Tribuna et Salvete Omnes:

To clarify, from a legal stance, the difficulty I have here:

The first time you called comitia in this matter, it was vetoed by
your fellow collegia and that veto was legally upheld.

The second time you called comitia in this matter, your actions,
with due respect, as I see them, were in violation of the legally
valid Tribune veto blocking your actions on the Saturninus matter.
It could be viewed, constitutionally, and this is my question, that
in so doing, you were by your actions, 'overturning' the prevailing
veto of your collegia, an action I do not see you as being
constitutionally empowered to do.

To move on to the pending proposals of D. Constantinus Fuscus: he is
constitutionally empowered to promulgate legislation legal and
binding on the populace. Based on the last population pat to pleb
statistics, he may call the Comitia Popli Tributa to put any
proposed legislation to a vote. If we do not like it, we do not
have to vote for it, and if say, you, or another Tribune, feel his
proposals are against the spirit and law of the constitution, you
may pronounce intercessio on his program, and the remainder of the
Tribunes may either support you, express opposition against you, or
abstain. This is all legal and above board.

Now, if you vetoed it, and it was supported, the intercessio is
valid, carrying legal weight. Fuscus would have to go back to the
drawing board and revamp his proposals. Now if Fusce said, 'well,
I'm going to call the comitia anyway, despite this veto, with
exactly the same language in the proposal, so there' he would in
essence, by his actions, be overturning an existing Tribune majority
veto, which I see as being the option of only a dictator or an
interrex. Herein lies the difference between your actions in this
second comitia call, which I realize you have rescinded, and Fuscus
position in making his proposals.

I hope this makes my concerns a little more clear.

Valete


In Nova-Roma@yahoogroups.com, "Maior" <rory12001@y...> wrote:
>
> M. Hortensia Maior P. Minuciae Straboni spd;
> Salve Pompeia Minucia, what I did was to introduce legislation
by
> calling the comitia, which is perfectly legal.
> Remember in the Roman Republic when the comitia meets and votes
> that's the law, negating whatever was past.
>
> Tribune Fuscus, last I heard, wanted to introduce legislation to
> overturn the new family leges, that's perfectly legal and correct.
> Tribunes introduce legislation and the people vote on it.
> optime vale
> M. Hortensia Maior TRP
> Propraetrix Hiberniae
> caput Officina Iuriis
> et Investigatio CFQ
>
>
> I can't find where a Tribune can overturn the veto of
> > another Tribune. The constitution states that the only one
capable
> > of overturning a Tribune's veto is the dictator or the
> interrex.This
> > would mean that a Tribune cannot overturn the
intercessio...or 'act
> > in defiance' of a legal and binding Tribune's intercessio, no?
> >
> >
Group: Nova-Roma Message: 33994 From: Maior Date: 2005-03-09
Subject: Re: The Entire Argument
- Hortensia Maior Minuciae Straboni spd;
Salve;
hmm, there is confusion here you equate the reintroduction of
legislation as equal to overturning a veto. It isn't.

That tribunian veto is just for that particular comitia call. Next
week if the gods were favorable I could reintroduce a call and the
other tribunes could decide 'okay, let the plebs vote on it.'

The tribunes introduce legislation and the people vote on it. We do
have a veto, but it can't be a blanket one, goodness then no one in
the future could introduce legislation that was vetoed by some
tribunes in the past!
Also just to clarify I never rescinded my call for the comitia; it
was vetoed and it seems fruitless to continue.
optime vale
Marca Hortensia Maior TRP

--Now if Fusce said, 'well,
> I'm going to call the comitia anyway, despite this veto, with
> exactly the same language in the proposal, so there' he would in
> essence, by his actions, be overturning an existing Tribune
majority
> veto, which I see as being the option of only a dictator or an
> interrex. Herein lies the difference between your actions in this
> second comitia call, which I realize you have rescinded, and Fuscus
> position in making his proposals.
>
>
Group: Nova-Roma Message: 33995 From: Lucius Iulius Date: 2005-03-09
Subject: Re: Interview the Expert - Prof. Andrew Lintott
AVE SERAPIO, AMICE

Thank you very much for having accepted to let Interview the Expert
alive, after my about 20 months of engagement (12 in the
international version).
This cultural service will still be organized by Academia Italica
and its members.
I'm sure you deserve and will obtain the same satisfaction I got
from it; at the same time you'll have success in raising our
cultural level, and let the universitary world know us better and
better.

Thank you, amice.

OPTIME VALE
L IUL SULLA
Rector Academiae Italicae
Aedilis Curulis


--- In Nova-Roma@yahoogroups.com, "Manius Constantinus Serapio"
<mcserapio@y...> wrote:
>
> AVETE OMNES
>
> Lucius Iulius Sulla being currently very busy with his
macronational
> and Novaroman duties as Curule Aedile, the Academia Italica
assigned
> to me the task to continue the "Interview the Expert" project,
which
> proved to be very useful for Nova Roma and for the Novaromans.
> I will try to do my best to keep up the good job done by Lucius
> Iulius and I hope to be able to offer you many interesting topics
> and experts for your interviews.
> Of course nothing will change for you: every month there will be a
> new expert about a specific field of ancient Rome and you will
have
> the opportunity to send me your questions for him. He will then
send
> me his/her answers which will be published as always at:
> http://www.novaroma.org/expert/index.htm
>
> Let's start. The expert of this month is Prof. Andrew Lintott. He
> will answer to your questions about the following subject:
>
> "The Constitution of the Roman Republic"
>
> Andrew Lintott is a Fellow of Worcester College, Oxford and has
> recently retired from the position of Professor of Roman History
in
> that university. His books are Violence in Republican Rome,
> Violence and Civil Strife in the Classical City, Imperium Romanum,
> Judicial Reform and Land Reform in the Roman Republic, The
> Constitution of the Roman Republic, and a breviarium, The Roman
> Republic. He has also been joint editor of two volumes (IX and X)
> of the new Cambridge Ancient History. He has had regular contact
> with Italy since the 1950s and has been a Visiting Fellow at the
> British School at Rome.
>
> Many of you might have several interesting questions about the
> unwritten Constitution of the Roman republic. I also remember
there
> was some discussion on the Main List about Lintott's book. Well,
now
> you have him in person. Just ask and he will answer! :-)
>
> OPTIME VALETE
> Manivs Constantinvs Serapio
> Aedilis Plebis
> Propraetor Italiae
> Senator
> Magister Magnus Academiae Italicae
Group: Nova-Roma Message: 33996 From: gaiusequitiuscato Date: 2005-03-09
Subject: Re: The Entire Argument
G. Equitius Cato P. Minuciae-Tiberiae Straboni M. Marcio Regico
quiritibusque S.P.D.

Salvete omnes.

Very well. It seems as though now Senatrix Pompeia has weighed in
with a rather cutting series of comments on the motivation behind my
argument. I had hoped that the ad hominems might have not reared
their ugly heads, but so goes the world.

I will, against every conscious fibre of my being's impulse, let go of
this. I am not comfortable doing so, nor do I feel that a legally
valid defense of the tribunes' actions has been mounted. I want to
say that it's just not worth the aggravation of holding on, but that's
not true. I think a serious problem has been uncovered, and to ignore
it now and hope that "someone", "somewhere", will fix it in the future
is a disastrous mistake.

Passing the buck to someone else because tackling a problem head on is
too discomforting is the hallmark of weakness and poor governance;
waiting for someone else to solve a problem for us because to attempt
to do so ourselves would bring about unpopularity and jeopardize our
own "political" future is sheer cowardice. I hope that our Consul is
serious when he promises to "take up the matter". I believe he is an
honorable man, and I hope the results are equally honorable to the res
publica.

My apologies to my fellow-quaestor, Tiberius Galerius Paulinus, for
not having the stomach to pursue this further; the advent of personal
attacks is simply unacceptable and I do not wish to allow this to
slide into a classic Nova Roman mud-slinging contest.

I know I am stubborn. But I have always considered the honor and
dignity of the res publica as paramount, and continue to do so. I
have always considered the law to be a blind refuge for any citizen of
any political bent, no matter how distasteful or unappealing that
citizen might appear to be to myself personally, and continue to do
so. I have always considered the law to be a blind instrument which
casts equal light and shadow, and applicable equally to those with
whom I agree and those with whom I disagree, and I continue to do so.
Though I dislike the unhistoricity of a written constitution in a
Roman res publica, while we have one I have always considered
obedience to it above all other law as crucial, and continue to do so.

To claim that I am arguing out of a stance whose only fruit is to gain
attention is insulting, absurd, and contrary to every word I have
spoken in this Forum. Senatrix, I am genuinely dismayed that you
would see it necessary to resort to such a depression of the level of
discourse.

In a last word however (I told you I was stubborn), Marcius Rex, the
lex which is in question here is the lex Arminia de imperio, so let's
look at the terms. Article III.3 states that tribunicia potestas
contains all the powers of ordinary potestas, so we then look back to
Article I, in which ordinary potestas is defined. Article I.3 refers
to "Partial iurisdictio, the power to interpret the law within the
duties of the magistrate holding the Potestas"; but juris dictio
doesn't mean the power to interpret laws in general. It means the
power to pronounce (dicere) justice (jus). The historical power of
juris dictio was nothing more than the power to settle judicial cases
and to impose punishments. This of course involved some interpretation
of the law, but only where this applied to judicial cases. This isn't
a judicial case - no one is suing anyone else. So juris dictio doesn't
apply here (Thanks to another citizen for helping clarify this
reasoning).

Furthermore, what the Constitution says regarding the "disappearance"
of a magistrate in comparison to the flat statement regarding
resignation or death is a false analogy. In an analogy, two objects
(or events), A and B, are shown to be similar. Then it is argued that
since A has property X, so also B must have property X. An analogy
fails when the two objects, A and B, are different in a way which
affects whether they both have property X. Your analogy fails because
both resignation and death are immediately provable, by words or
action (or, in the case of death, perhaps INaction might be the more
appropriate case).

Vox tribuni vox dei?

"[the Consul Valerius] summoned the people to an assembly. As he
entered the 'fasces' were lowered, to the great delight of the
multitude, who understood that it was to them that they were lowered
as an open avowal that the dignity and might of the people were
greater than those of the consul...The most popular of these laws were
those which granted a right of appeal from the magistrate to the
people." - Livy, History of Rome 2.7

Know this, though, quirites: if ever comes to me the authority to
examine and actually pronounce upon the laws of the res publica, I
will never shrink from applying it as it is written whether it benefit
"friend" or..."not friend"; and if it is written poorly, to rewrite it
in a way that will form a foundation from which the bolts of Iuppiter
O.M. Himself could not shake it.

Valete bene,

Gaius Equitius Cato
Group: Nova-Roma Message: 33997 From: A. Apollonius Cordus Date: 2005-03-09
Subject: Two legal tangents (WAS: The Entire Argument)
A. Apollonius Cordus omnibus sal.

M. Rex wrote:

> ... But the Constitution
> puts the Tribunes -
> not us - in charge of deciding which opinion should
> prevail....and
> this we both should respect.

It's important to point out something about the nature
of the tribunes' final decision in this matter. It is
true that the tribunes have in point of fact the power
to settle the dispute, and there is nothing which can
be done to overturn their decision. But this is not
because they have any constitutional power to rule on
questions of legal interpretation.

They have, in fact, no constitutional power to rule on
questions of legal interpretation. They have a
constitutional power to administer the law, which
implies in practice a certain capacity to interpret
it; but so have other magistrates. So this cannot
possibly give the tribunes, or any other magistrates,
the power to give authoritative interpretations of the
law. The simple fact is that in Nova Roma, as in the
ancient republic, there is no person or institution
which has the power to rule authoritatively on legal
questions. If two people disagree about the
interpretation of a point of law, then the person who
has the greater power at the time will win out; but
this will not make his interpretation more correct or
more authoritative than any other.

This is precisely how it was in the old republic. The
tribunes did sometimes end up settling disputes over
points of law or custom, but that was not because they
had the power to give authoritative legal opinions -
it was quite simply because their power to enforce
their opinion was greater than anyone else's. This is
an important distinction because it shows that the
decision of one year's tribunes did not bind future
tribunes; and indeed it did not even bind those
tribunes themselves. If, for instance, the tribunes
decided to allow something to occur on a certain day,
they could still decide to prevent the same thing
occurring on the next day; and vice versa.

So when people say that this particular matter is
settled, they are quite correct. When they say that
because the tribunes have decided on a certain
interpretation of the law, that interpretation is the
correct and authoritative one, they are incorrect. The
decision of the tribunes does not determine what the
law says; it merely determines what is done in
practice. Thus the question whether C. Curius is or is
not tribune remains open to debate. The debate,
however, is academic, because if he is a tribune there
is no need for a fresh election, and if he is not
tribune then an election cannot be held because the
tribunes will not allow one to be held. One may say
that it is pointless to continue the debate - I take
this view myself - but one cannot say that the debate
itself is settled.

I mentioned that the decision of the tribunes in a
given instance does not prevent the tribunes
themselves from making a different decision in the
future, and this brings us to the next point.

Pompeja Minucia wrote:

> If I am not mistaken, I see a comita call in
> defiance of the lawful
> veto of the majority of Tribunes as an attempt to
> overturn the legal
> intercessio of a Tribune, which only a dictator or
> interrex can
> do...not even a Tribune....am I incorrect here?

Yes. What was originally vetoed by Domitius
Constantinus was an attempt to convene the assembly on
the 26th of February. To proceed to hold a meeting of
the assembly on that date would indeed have been a
defiance of tribunician veto. But M. Hortensia did not
proceed. She later attempted to convene the assembly
on the 12th of March. This was not in defiance of
Domitius Constantinus' veto because his veto was not
relevant. It's true, certainly, that M. Hortensia
could quite reasonably have guessed that it *would* be
vetoed - but there is nothing illegal in doing
something which you think will probably be vetoed.

Lest you regard this as hair-splitting, let me point
out to you that it is precisely how the tribunician
veto worked in the old republic. In 62 Metellus Nepos
tried to propose a law, but two tribunes forbade the
herald to read the bill aloud to the assembly;
Metellus then tried to read the bill himself; but one
of the tribunes snatched the written text from his
hands; Metellus then began to recite the proposal from
memory, whereupon the other tribune covered his mouth.
On another occasion (I'm afraid I can't at the moment
find the dates and names for this, but it was in the
late republic) a tribune put someone in prison and, in
order to prevent anyone removing the prisoner, went to
sleep on a bench placed across the doorway. The
prisoner's friends proceeded to make a hole in the
wall and freed the prisoner that way. These were, to
be sure, extremes, and not very sensible or
well-advised; but they were legal, and in comparison
M. Hortensia's action seems the height of reasonable behaviour.

Send instant messages to your online friends http://uk.messenger.yahoo.com
Group: Nova-Roma Message: 33999 From: Timothy P. Gallagher Date: 2005-03-10
Subject: Re: The Entire Argument
Salve Romans

P. Minucia Tiberia said in part

PMT "I think you have written in these paragraphs, what many of us have
endeavored to convey in segments, but have not been able to with any
success in convincing those speaking against the recent actions of
the Tribunes that they, the Tribunes, despite any disagreement with
the legal language in question, have nonetheless the constitutional
power to 'administer the law'.

TGP Administer the law is not the same as ignore or violate the clear provisions of the Nova Roman constitution.

Article IV "An office becomes vacant if the magistrate resigns or dies."

That's a period at the end of the sentence not a comma . It is a stand alone provision that is independent of anything else in the article.

If a magistrate died would he /she sill hold office? No they would not! it would be vacant and the same applies with a resignation.

PMT This to me, entitles a Tribune majority to interpret the law to what they feel is in keeping with
the letter and spirit of the constitution. They have every right to
honour precedent and retain Saturninus Tribune's services, in
keeping with their constitutional right to 'administer the law'.
No, precedents are not obligatory, but they may be followed, much to
the consternation of an objecting few."

TGP Article IV was not part of the Nova Roman constitution when the other cases came about.
No one objected to their continence in office and maybe in hindsight there should have been
but making the same mistake is just dumb.

I did point out as Tribune last year that when a certain member of the Senate resigned his Senate seat he could only be returned to the Senate if
he was placed on the Senate list by the Censors or the Senate passed a SC requesting his inclusion on that list. That he could not just withdraw his resignation and resume his seat. That his resignation took effect the moment it was posted. These were the only legal methods available to get some one placed on the Senate rolls.


PMT "I have not, and correct me if I've missed something, read anything
in this forum which even acknowledges this fundamental role of the
Tribunes, from those writers who seem to view that their dislike for
prevailing legislation is somehow a legal porthole by which they can
usurp the prevailing Tribunes' majority decisions.


TGP My dislike is for unconstitutional actions no matter how large
or small the group that is engaging in it. My dislike is not for prevailing legislation
but the use of a section of a lex that has been REPELLED as the basis for legal action
that the Tribunes have taken in clear violation of a NEW constitutional provision which
is superior to any lex or any section of a lex.

Article IV "An office becomes vacant if the magistrate resigns or dies."

A majority of Tribunes cannot declare me Rex any more than
they can declare Saturninus a Tribune after he has resigned
that office and has not been return to it by an election of the plebs

PMT "I'm sure we all wish at one point or another, that a particular
intercessio, or other such administrative decision would just 'up and
go away'. But sacrosainctity and imperium, given through comitia
(the people) give magistrates the right to make these decisions, and
we cannot up end the government because we do not see their
respective rationales. We lobby for change and perhaps cast our
votes differently the following election".

TGP What I wish is for the majority of the Tribunes to recognize the mistake they have made
and call a new election to fill the vacancy that exists in the office of Tribune


PMT "In further examination of the constitution, I cannot seem to find
where the Tribunes must lay every decision they make at the feet of
the Quaestors before it can be considered lawfully valid. If said
Quaestors do not like the laws, they may lobby for new language. If
said Quaestors feel that they can do a better job as Tribune, then
by all means they may run for Tribune, or see if they can switch to
the Plebian order so they may do so, if they are patricians, if
their need to be an advocate is so strong."

TGP What the hell does my current office have to do with this argument?

I objected to this unconstitutional action BEFORE I was elected to the office of Quaestor
and I have NEVER used my title in any of these debates on this topic
or for that matter any other topic. I make my arguments as a Roman citizen with
not only the right but the duty to point out when magistrates are committing
unconstitutional and illegal acts.

PMT ...It could well be that the rationale for this strategy is that
lobbying for that which is not lawful proves equally gratuitous as
lobbying through proper legal channels, I don't know.

TGP I have not "lobbied" for anything illegal. I have simply asked that
the Tribunes undo THEIR unconstitutional and illegal acts and hold an election.

PMT But any 'stand' they make in this regard, at least to me, is as rigid as
a plate of cooked linguini:). People aren't going to think 'oh,
they made a fuss, so they must know the law and be awesome
politicians'.

TGP

"awesome politicians' ". I lost the race for Praetor by nearly 4 to 1! Do you really thing this is my master plan to win an election ???

Could it be much more simpler and less Machiavellian in that I simply believe that I am right and that the Tribunes , who exist ONLY to protect plebeians, have done their order a disservice by the action that they have taken.



Vale

Tiberius Galerius Paulinus
Citizen







[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34000 From: rexmarciusnr Date: 2005-03-10
Subject: Re: The Entire Argument
Marcus Marcius Rex Gaius Equ. Cato SPD

"Sigh" (unfortunately I miss the correct latin word for that right
now).

>
> In a last word however (I told you I was stubborn), Marcius Rex, the
> lex which is in question here is the lex Arminia de imperio, so
let's
> look at the terms. Article III.3 states that tribunicia potestas
> contains all the powers of ordinary potestas, so we then look back
to
> Article I, in which ordinary potestas is defined. Article I.3 refers
> to "Partial iurisdictio, the power to interpret the law within the
> duties of the magistrate holding the Potestas"; but juris dictio
> doesn't mean the power to interpret laws in general. It means the
> power to pronounce (dicere) justice (jus). The historical power of
> juris dictio was nothing more than the power to settle judicial
cases
> and to impose punishments. This of course involved some
interpretation
> of the law, but only where this applied to judicial cases. This
isn't
> a judicial case - no one is suing anyone else. So juris dictio
doesn't
> apply here (Thanks to another citizen for helping clarify this
> reasoning).
>

Well historically that may be true but according to the Nova Roma
Constitution our magistrates are in general responsible for the
maintenance and conduct of the affairs of state. Do you believe
administrative matters (such as the question of whether or not a
resignation of office can be judged effective) can actually be
decided without some interpretation of legal norms? Not everything in
the legal world is trial based.


> Furthermore, what the Constitution says regarding
the "disappearance"
> of a magistrate in comparison to the flat statement regarding
> resignation or death is a false analogy. In an analogy, two objects
> (or events), A and B, are shown to be similar. Then it is argued
that
> since A has property X, so also B must have property X. An analogy
> fails when the two objects, A and B, are different in a way which
> affects whether they both have property X. Your analogy fails
because
> both resignation and death are immediately provable, by words or
> action (or, in the case of death, perhaps INaction might be the more
> appropriate case).
>

Actually I did not make an analogy here. I said it could be regarded
as everything from a "legal" (that is: defined by a legal norm as
equivalent) death to a "legal" resignation to being its own category.
Just think of the missing persons after the recent Tsunami in the
Indian Ocean. If you cannot find some of the probable victims, you
have to declare them "dead" according to a procedure prescribed by
law.

On the other hand an explicit "legal" equivalence is established
between resignation of citizenship and resignation of office in the
Lex Cornelia et Maria. An analogy only needs to be drawn as far as
the legal consequence (the nine day waiting period) of resignation of
citizenship is concerned. The law should - in the best of all worlds -
state that explicitly. But laws almost inevitably are lacking in one
or more respects. To fill the obvious gaps analogies are drawn. That
is what As the reasoning I described for introducing the nine day
waiting period is equally valid for resignation of offices and
resignation of citizenship (i.e. both resignation types are quite
prone to be the product of an emotional outburst) an analogy - in the
spirit of the law - can be and always has been drawn here without me
losing any sleep about it until now.

Ave et Vale

Marcus Marcius Rex
Group: Nova-Roma Message: 34001 From: Domitius Constantinus Fuscus Date: 2005-03-10
Subject: Thoughts about the tribunes and a welcome to the Neo-Bon (was: Re:
Salve

I shall take Paulinus' last sentence as a hook for some considerations that I
have been pondering for the last days so, altho this is a reply to Paulinus'
mail, please take it a bit more generally than that.


The Role of The Tribunes

In data Thu, 10 Mar 2005 00:57:03 -0500, Timothy P. Gallagher <spqr753@...>
ha scritto:
>
> Could it be much more simpler and less Machiavellian in that I simply
> believe that I am right and that the Tribunes , who exist ONLY to protect
> plebeians, have done their order a disservice by the action that they have
taken.

I'm fascinated by this continuous misunderstanding of Nova Roma law and, I
shall
say, genetics, by someone (and I'm not saying only Paulinus, it's actually a
few people) who, for weeks now, pretend to be the self-proclaimed defender of
constitutionality against the ones who are the proper elected people to do the
job.

Now, the Tribunes of the Plebs in Nova Roma are NOT, and I repeat, are NOT,
there "ONLY to protect plebeians". To adfirm such a thing may only mean that
someone has read one thousand time a single line of the Constitutio, so much to
quote it over and over in a single post, but apparently not all the rest or
that the rest has been read and purposefully ignored.

Now, the Tribunes, in Nova Roma, are there for every single citizen, plebeians
and patricians alike. Actually, they are not even there for the citizens
properly, if not indirectly, but to protect *the law*. tribunes, in NOVA ROMA,
are not a rescue force for the oppressed minority, but essentially
law-guardians. Non historical, yes, but that is what we are HERE, in NOVA ROMA,
for. From there, it comes that we indirectly protect the citizens from illegal
abuses, but all the citizens, not only the plebeians. To say that we are there
"ONLY to protect plebeians" means a) a total, willful or not doesn't matter,
misunderstanding of the Tribunes' role in Nova Roma and b) ignoring the duties
the Tribunes have towards almost half the people they have to take care of, in
their own way.

And in fact, we are supposed (possibly in a unrealistic way, but that's not for
us tribunes to question), and 4 of us do it at the best of their capabilities,
to act whenever the Constitutio or the law are violated, no matter if the
effect of the violation falls on a plebeian or a patrician. Period. If it is a
patrician to bring to our attention a case in which the law is violated, our
duty is to intervene, if we think the patrician is right even if the violation
wouldn't have any consequence whatsoever for any plebeian.

Tribunes may be elected by the plebeians with a nod to historical customs
and traditions, but they are here, their role in Nova Roma is, for general, not
class, purpose. It would be nice that some past Tribunes and one present one
would open their eyes and realize it. Luckily, most of the past and present
Tribunes actually to and stayed/stay true to their assigned role.

Now, that such a profound mistake is made and publicized by a Quaestor who is a
former Tribunus is bad, but doesn't produce so much of a consequence. The
problem is that we have a Tribunus, Maior, who programmatically and
ideologically has decided already that the role of the Tribunes as it is in
Nova Roma doesn't fit her, is not historical as she percieve it, and therefore
it shall not be respected as such.

And in fact, considering that it is a precise duty of a Tribunus to exercise
the
intercessio against any magistrate that acts against the Constitutio and the
laws, how to consider her statement that she will exercise a veto against "an
elected rapresentative" of Nova Roma? And when reminded that she's there not to
serve the plebeians only, as she share the same wrong prospective that Paulinus
has and possibly followed during his year as tribunus, but the whole
population, how to consider her "I'm the tribuna Plebis...let's agree to
disagree" (quote from the Comitia Populi list.. it's a public list so I don't
think there is anything wrong by quoting here) if not a precise intention to
ignore the position the Constitutio sets for her as tribune and her precise
duties ***towards the patricians***?

Now, Paulinus, you may argue the 4 tribunes (because, no matter the noise you
and your half dozen companions may produce by posting your agreement one
another on this list, the fact is that Saturninus is indeed a Tribunus) you do
not particularly like are doing a poor job and took a wrong decision (it's not
so, but it is your right to believe so and to say that), but what about the
tribunus you like that programattically, ideologically, aprioristically refuses
to do her job? Isn't it an ideological derelictio of duty? When a magistrates
announces publicly that he does not intend to do part of all of his duty
because it doesn't fit him, don't you think it should be acted upon?


**** * ****


The "Historical" approach to the matter


Another thing that fascinates me is the irrationality of the ones who claim
that
"historical behaviour comes before anything" (Didn't we hear the same argument
coming from another group of people, in the past?) And then pretend to a) Have
the tribunes explaining and justifing their operate and b) even better,
question that operate in the first place.

Now, the "historics" (but only in this case!) apparently forget that in
historical time the Tribunus simply uttered a word "Veto". Nothing else, end of
the story, case closed, has been a pleasure having you all here. No
explaination needed, nor any asked publicly or publicly given unless the
Tribunus in question felt particularly inclined to give one.

But we can go on: historically speaking, as far as I can remember and always
ready to be demonstrated the contraury, the explaination of juridical decisions
is not a classic Roman concept. The most direct example is in the trials: "this
is the situation, if you think X and his actions fall in the specific category
as outlined by law you condemn X, if not you absolve him". The Judex didn't
have to say what he had taken into consideration in order to reach his
decision, nor if he had taken all the evidences offered into account or only
part of them, or if he had decided by throwing a coin. That, incidentally, has
carried on to our time in some juridical systems: if I'm not mistaken, the
juries of common law are not asked to put down in writing their reasonings or
how much weight they have given to every single evidence or law or if they
ignored some or all. Even more (if it has not changed), it resides nowadays in
thepeower of the (I think only of the English) prosecutors to decide if it is
in teh best interest of justice to prosecute or not a given case. Reminiscenses
of a system where to be given a judgment in court was, originally, a
priviledge, not a right, and was given or not without need of an explaination.

I wonder if the ones who would like the full explaination of the Tribunician
decision (which they shall not get from me) are aware that what they ask,
essentially for the judge to give an explaination of his acts, is not roman, at
least repubblican roman, at all, but actually comes from an institution that
many people here probably look at with contempt.. the Catholic Church. It's in
the canonic and properly inquisitorial judgment that the inquisitor/judge has
to
write down, in giving the sentence, every proof, every reason, every evidence,
to take accounts of witnesses's words and even facial expressions and tones of
voice, to explain why he believed in that evidence and the reason why he
refuted the others... in short, to give an account of all the proceedings in
order to make possible an appeal and, more importantly, to show that the Truth
with capital T had been discovered and therefore the judgment was true to
Justice with capital J.

And we can continue: in Roman time once a tribunus had acted, the case was
closed. To act against a Tribunus meant, in the most remote times, to phisically
put one's hand upon the Tribunus, which led to the person more or less
immediate death. Even in less remote times, the act of a Tribunus was so much
uncontestable that you had to kill him to remove his act.

Now, figure if 4 out of 5 Tribunes had agreed on a given act. My idea is that if
4 Tribunes out of 5 had marched in the forum to agree on a given thing, not
only every single citizen would have stayed silent, but probably even flies
would had stopped buzzing around.

Not that I don't like the democratic discussions on the main list, but I think
that at least the people who bring forward the "historical behaviour always"
banner should act consequently and, how do you say, stay true to their own
words? Do you want "historical" tribunes? But then accept the consequences of
it and act historically. Again, there has been already a group in Nova Roma who
claimed historicity before anything else, except when it didn't fit them,
right?


**** * ****


Welcome to the Neo-Bon

But wait a minute...

a) a group containing people that looks at the constitution only when it fits
them (it was the blasphemy clause back then, now apparently is the resignation
clause, whatever), and ignores the parts they don't like

b) a group containing people who intend to to the part of their jobs who they
like, programmatically refusing to even recognize the one they don't

c) a group containing people who claim their position is historical, even when
it is obvious it is not

d) a group that posts agreement mails to each other in a matter of seconds to
produce a large volume of agreeing mails for their point.

e) a group that gangs up indefinitely on a single individual in order to force
him to change a decision or have his nerves breaking down and leave.

Haven't we already seen that in the past? But Paulinus, Cato and Maior and the
rest can't be the Boni, they (well, some of them actually) were ferociously
against them.

So, same behavioural lines, pretty resembling, yet different in some instance,
lines of thought... I guess we have to welcome the Neo-Bon in Nova Roma... oh
joy.

vale

Domitius Constantinus Fuscus
Founder of Gens Constantinia
Tribunus Plebis
Aedilis Urbis Iterum
Group: Nova-Roma Message: 34002 From: Domitius Constantinus Fuscus Date: 2005-03-10
Subject: A thought about the tribunes and a welcome to the Neo-Bon (was: Re
Salve

I shall take Paulinus' last sentence as a hook for some considerations that
I
have been pondering for the last days so, altho this is a reply to Paulinus'
mail, please take it a bit more generally than that.


The Role of The Tribunes

In data Thu, 10 Mar 2005 00:57:03 -0500, Timothy P. Gallagher
<spqr753@...>
ha scritto:
>
> Could it be much more simpler and less Machiavellian in that I simply
> believe that I am right and that the Tribunes , who exist ONLY to protect

> plebeians, have done their order a disservice by the action that they have
taken.

I'm fascinated by this continuous misunderstanding of Nova Roma law and, I
shall
say, genetics, by someone (and I'm not saying only Paulinus, it's actually a
few people) who, for weeks now, pretend to be the self-proclaimed defender
of
constitutionality against the ones who are the proper elected people to do
the
job.

Now, the Tribunes of the Plebs in Nova Roma are NOT, and I repeat, are NOT,
there "ONLY to protect plebeians". To adfirm such a thing may only mean that
someone has read one thousand time a single line of the Constitutio, so much
to
quote it over and over in a single post, but apparently not all the rest or
that the rest has been read and purposefully ignored.

Now, the Tribunes, in Nova Roma, are there for every single citizen,
plebeians
and patricians alike. Actually, they are not even there for the citizens
properly, if not indirectly, but to protect *the law*. tribunes, in NOVA
ROMA,
are not a rescue force for the oppressed minority, but essentially
law-guardians. Non historical, yes, but that is what we are HERE, in NOVA
ROMA,
for. From there, it comes that we indirectly protect the citizens from
illegal
abuses, but all the citizens, not only the plebeians. To say that we are
there
"ONLY to protect plebeians" means a) a total, willful or not doesn't matter,
misunderstanding of the Tribunes' role in Nova Roma and b) ignoring the
duties
the Tribunes have towards almost half the people they have to take care of,
in
their own way.

And in fact, we are supposed (possibly in a unrealistic way, but that's not
for
us tribunes to question), and 4 of us do it at the best of their
capabilities,
to act whenever the Constitutio or the law are violated, no matter if the
effect of the violation falls on a plebeian or a patrician. Period. If it is
a
patrician to bring to our attention a case in which the law is violated, our
duty is to intervene, if we think the patrician is right even if the
violation
wouldn't have any consequence whatsoever for any plebeian.

Tribunes may be elected by the plebeians with a nod to historical customs
and traditions, but they are here, their role in Nova Roma is, for general,
not
class, purpose. It would be nice that some past Tribunes and one present one
would open their eyes and realize it. Luckily, most of the past and present
Tribunes actually to and stayed/stay true to their assigned role.

Now, that such a profound mistake is made and publicized by a Quaestor who
is a
former Tribunus is bad, but doesn't produce so much of a consequence. The
problem is that we have a Tribunus, Maior, who programmatically and
ideologically has decided already that the role of the Tribunes as it is in
Nova Roma doesn't fit her, is not historical as she percieve it, and
therefore
it shall not be respected as such.

And in fact, considering that it is a precise duty of a Tribunus to exercise
the
intercessio against any magistrate that acts against the Constitutio and the
laws, how to consider her statement that she will exercise a veto against
"an
elected rapresentative" of Nova Roma? And when reminded that she's there not
to
serve the plebeians only, as she share the same wrong prospective that
Paulinus
has and possibly followed during his year as tribunus, but the whole
population, how to consider her "I'm the tribuna Plebis...let's agree to
disagree" (quote from the Comitia Populi list.. it's a public list so I
don't
think there is anything wrong by quoting here) if not a precise intention to
ignore the position the Constitutio sets for her as tribune and her precise
duties ***towards the patricians***?

Now, Paulinus, you may argue the 4 tribunes (because, no matter the noise
you
and your half dozen companions may produce by posting your agreement one
another on this list, the fact is that Saturninus is indeed a Tribunus) you
do
not particularly like are doing a poor job and took a wrong decision (it's
not
so, but it is your right to believe so and to say that), but what about the
tribunus you like that programattically, ideologically, aprioristically
refuses
to do her job? Isn't it an ideological derelictio of duty? When a
magistrates
announces publicly that he does not intend to do part of all of his duty
because it doesn't fit him, don't you think it should be acted upon?


**** * ****


The "Historical" approach to the matter


Another thing that fascinates me is the irrationality of the ones who claim
that
"historical behaviour comes before anything" (Didn't we hear the same
argument
coming from another group of people, in the past?) And then pretend to a)
Have
the tribunes explaining and justifing their operate and b) even better,
question that operate in the first place.

Now, the "historics" (but only in this case!) apparently forget that in
historical time the Tribunus simply uttered a word "Veto". Nothing else, end
of
the story, case closed, has been a pleasure having you all here. No
explaination needed, nor any asked publicly or publicly given unless the
Tribunus in question felt particularly inclined to give one.

But we can go on: historically speaking, as far as I can remember and always
ready to be demonstrated the contraury, the explaination of juridical
decisions is not a classic Roman concept. The most direct example is in the
trials: "this is the situation, if you think X and his actions fall in the
specific category as outlined by law you condemn X, if not you absolve him".
The Judex didn't have to say what he had taken into consideration in order
to reach his decision, nor if he had taken all the evidences offered into
account or only part of them, or if he had decided by throwing a coin. That,
incidentally, has carried on to our time in some juridical systems: if I'm
not mistaken, the juries of common law are not asked to put down in writing
their reasonings or how much weight they have given to every single evidence
or law or if they ignored some or all. Even more (if it has not changed), it
resides nowadays in thepeower of the (I think only of the English)
prosecutors to decide if it is in teh best interest of justice to prosecute
or not a given case. Reminiscenses of a system where to be given a judgment
in court was, originally, a priviledge, not a right, and was given or not
without need of an explaination.

I wonder if the ones who would like the full explaination of the Tribunician
decision (which they shall not get from me) are aware that what they ask,
essentially for the judge to give an explaination of his acts, is not roman,
at
least repubblican roman, at all, but actually comes from an institution that
many people here probably look at with contempt.. the Catholic Church. It's
in
the canonic and properly inquisitorial judgment that the inquisitor/judge
has to
write down, in giving the sentence, every proof, every reason, every
evidence, to take accounts of witnesses's words and even facial expressions
and tones of voice, to explain why he believed in that evidence and the
reason why he refuted the others... in short, to give an account of all the
proceedings in order to make possible an appeal and, more importantly, to
show that the Truth with capital T had been discovered and therefore the
judgment was true to Justice with capital J.

And we can continue: in Roman time once a tribunus had acted, the case was
closed. To act against a Tribunus meant, in the most remote times, to
phisically put one's hand upon the Tribunus, which led to the person more or
less immediate death. Even in less remote times, the act of a Tribunus was
so much uncontestable that you had to kill him to remove his act.

Now, figure if 4 out of 5 Tribunes had agreed on a given act. My idea is
that if 4 Tribunes out of 5 had marched in the forum to agree on a given
thing, not only every single citizen would have stayed silent, but probably
even flies
would had stopped buzzing around.

Not that I don't like the democratic discussions on the main list, but I
think that at least the people who bring forward the "historical behaviour
always" banner should act consequently and, how do you say, stay true to
their own words? Do you want "historical" tribunes? But then accept the
consequences of it and act historically. Again, there has been already a
group in Nova Roma who claimed historicity before anything else, except when
it didn't fit them, right?


**** * ****


Welcome to the Neo-Bon

But wait a minute...

a) a group containing people that looks at the constitution only when it
fits
them (it was the blasphemy clause back then, now apparently is the
resignation
clause, whatever), and ignores the parts they don't like

b) a group containing people who intend to to the part of their jobs who
they
like, programmatically refusing to even recognize the one they don't

c) a group containing people who claim their position is historical, even
when
it is obvious it is not

d) a group that posts agreement mails to each other in a matter of seconds
to
produce a large volume of agreeing mails for their point.

e) a group that gangs up indefinitely on a single individual in order to
force him to change a decision or have his nerves breaking down and leave.

Haven't we already seen that in the past? But Paulinus, Cato and Maior and
the
rest can't be the Boni, they (well, some of them actually) were ferociously
against them.

So, same behavioural lines, pretty resembling, yet different in some
instance,
lines of thought... I guess we have to welcome the Neo-Bon in Nova Roma...
oh
joy.

vale

Domitius Constantinus Fuscus
Founder of Gens Constantinia
Tribunus Plebis
Aedilis Urbis Iterum



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Group: Nova-Roma Message: 34003 From: Lucius Arminius Faustus Date: 2005-03-10
Subject: Re: The Entire Argument
Salvete,

" Salvete Plebes, I will not be calling the Comitia any more as
> it is a fruitless effort as the other tribunes do not agree.
> But it is their right not to and we must obey their resolution."


I publically praise Tribuna M. Hortensia Maior by this cancelling of
the Comitia, and also thanks the gods of roman state by the sucess
accomplishment of the roman concept on our Republic. Indeed, everyone
makes mistakes, but it is also a terrible mistake doesnt give up the
mistake, once proved by the other magistrates.

This is the reason of the sucess of the roman republic, collegiality
and interdependency.

Now we can come down the fired arguments, and look foward with a law
proposal that will once for all make things clear.

Valete bene in pacem deorum,
L. Arminius Faustus PR
Group: Nova-Roma Message: 34004 From: gaiusequitiuscato Date: 2005-03-10
Subject: Re: The Entire Argument
G. Equitius Cato M. Marcio Regico S.P.D.

Salve, Marcius Rex.

--- In Nova-Roma@yahoogroups.com, "rexmarciusnr" <RexMarcius@a...> wrote:

> On the other hand an explicit "legal" equivalence is established
> between resignation of citizenship and resignation of office in the
> Lex Cornelia et Maria. An analogy only needs to be drawn as far as
> the legal consequence (the nine day waiting period) of resignation
of citizenship is concerned. The law should - in the best of all
worlds - state that explicitly.

CATO: Ah, but here's the rub, Marcius Rex: the section of the lex
which could possibly have created any kind of bridge between the
resignation of citizenship and the resignation of a magistracy,
Section III of the lex Cornelia et Maria, was annulled; it has no
legal force in Nova Roma. It cannot be used as a foundation from
which to build any kind of legal edifice. The lex Cornelia et Maria
no longer contains any provisions for the resignation of a magistracy.

On the other hand, the statement in the Constitution, in Article IV,
is pretty much as unambiguous as you can get: "An office becomes
vacant if the magistrate resigns or dies." That's pretty clear.
That's pretty explicit. Another hint about whether or not it should
be treated unambiguously is its connection with the occurrence of
death instead of being connected to disappearance in the context of a
vacancy in a magistracy. As you yourself have pointed out, there are
permutations to disappearance which require a certain amount of
"legwork", as it were. But the context is saying that death is pretty
unambiguous --- and resignation is as well, and so they are treated
equally as final.

Also remember that the Constitution is the highest source of legal
authority; if there is a conflict between an interpretation of a law
and the Constitution, the Constitution wins. It really is that
simple. Even if there were a law passed that said straight out "An
office does NOT become vacant even when the magistrate resigns or
dies", it would be null and void because it contradicts the Constitution:

"Legal precedence. This Constitution shall be the highest legal
authority within Nova Roma, apart from edicts issued by a legally
appointed dictator. It shall thereafter be followed in legal authority
by edicta issued by consuls acting under the Senatus consulta ultima,
laws properly voted and passed by one of the comitia..." -
Constitution of Nova Roma, Article I.B

Now, in all this I thoroughly agree that the events surrounding a
resignation are most likely somewhat traumatic and emotional; that's
why I have argued for a very clear and simple set of rules to be set
up regarding such an action. A prospective magistrate should be
absolutely and utterly clear as to the repercussions of being elected
to, and then resigning from, a magistracy. It's not a joke; it's not
a whim; it affects the life of the whole res publica.

Vale bene,

Cato
Group: Nova-Roma Message: 34005 From: A. Apollonius Cordus Date: 2005-03-10
Subject: Re: The Entire Argument
A. Apollonius Cordus M. Marcio Regi omnibusque sal.

> "Sigh" (unfortunately I miss the correct latin word
> for that right
> now).

"Suspirium", according to my little dictionary, or
"gemitus"; or perhaps you could say "eheu".

You were talking about the use of analogy, and this of
course makes a lot of sense in a normal legal system
as a way to fill gaps in explicit law. But I would
suggest that in Nova Roma we have a better way to fill
gaps: by analogy not with other provisions of current
law but with republican Roman law and practice. If we
fill the gaps in our explicit law by analogy in the
usual way, we risk drifting further away from Roman
practice than was intended by our legislators.

For instance, when you were tribune the electoral
system in force at the time consistently failed to
fill one of the vacant tribunates. You and your
colleagues, by analogy, decided to resolve the problem
by choosing the highest-placed loser in the last
election and asking the senate to confirm him or her
(I forget who it was) as tribune. Perfectly logical,
of course, and based on sound legal reasoning. But if,
rather than looking to other laws of Nova Roma for an
analogy, you (plural) had looked to ancient republican
practice, you would have found that in the early
republic exactly the same problem occurred, and at
that time it was decided that, regardless of
convenience, the tribunate should never be filled
except by election, and elections must be repeated and
repeated until all the vacancies were filled.

This is not meant as a criticism of your tribunate and
that of your colleagues - I can hardly criticise when
I committed the same mistake at the time, for I too
failed to look at republican history for guidance. The
example is merely intended to illustrate how, by
pursuing modern interpretive techniques, we risk not
only moving further away from Roman practice but
actually putting ourselves in direct contravention of
important Roman constitutional principles. It would be
better, in general, to regard republican history as
our first port of call in cases of legal uncertainty,
and other forms of analogy only as a second choice.

This is not, as I'm sure you can see, the same as
saying that we should prioritize historical practice
over our explicit law; merely that historical
practice, and not anything else, should be used to
fill the gaps where our law is not explicit.

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Group: Nova-Roma Message: 34006 From: A. Apollonius Cordus Date: 2005-03-10
Subject: Re: Thoughts about the tribunes and a welcome to the Neo-Bon (was:
A. Apollonius Cordus Domitio Constantino Fusco
omnibusque sal.

Some interesting ideas. I'll respond to one or two,
keeping clear of the question of C. Curius which is,
as you say, settled (in practice if not in theory).

> The Role of The Tribunes

You put forward your vision of the constitutional role
of the tribunes as the one which is clearly and
unambiguously supported by the legal sources; but this
is not so. The constitution does not make any comment
on the *purpose* of any magistracy. It doesn't say
"the tribunes shall be the protectors of the law and
the constitution". It does, it is true, give the
tribunes the power to veto things which are illegal or
unconstitutional. It does not, as I have often pointed
out and as you have never disputed, give them any
obligation to do so. The idea of the tribunes as
"guardians of the constitution" rests on very flimsy
evidence indeed, especially given that the
constitution, in addition to failing to mention it,
does not adequately equip the tribunes to do that job.

This is not to say that it is a totally implausible
idea, and there's no shame in subscribing to it; but
it is rather unwise to denounce other people's
interpretations of the office as totally unsupported
by the constitution when yours is equally unsupported.
The simple fact is that the constitution supports no
coherent view of the constitutional role of the
tribunate, because it embodies two mutually
incompatible views - one the historical one, and the
other the "guardians of the constitution" idea.

Since the constitution presents no coherent view of
the constitutional role of the tribunate, and since it
does not fully support either the historical view or
the "guardians" view, it would be better, I think, not
to stake anything on either view. Let's simply say
that the tribunes have these powers, and they may use
them as they see fit within the limits of the law.

> The "Historical" approach to the matter

You mention that tribunes were not historically
required to give the reasons for their vetoes. This is
true indeed, though it's worth saying that they
sometimes *did* give explanations - see, for instance,
Livy 27.8 "tribuni rem inertia flaminum oblitteratam
ipsis, non sacerdotio damno fuisse cum aequum
censuissent". But this is beside the point.

You are, I'm sure, aware that the lex Didia Gemina
requires tribunes to give their reasoning when issuing
a veto, or at least to note the particular law or
constitutional rule which they believe is being
contravened by the thing which they wish to veto. So I
presume you are not saying that we, the people, are
not entitled to expect such explanations from our
tribunes, even though they are not historical. I
suppose what you are saying is this: if these people
(whoever they are) are prepared to ignore the law in
order to follow historical practice, why are they
still expecting you to give the reasoning for your
veto when this is required not by historical practice
but only by law? Is that your point?

If it is, I think I can give an answer. It is true
that the tribunes were not obliged to give an
explanation of their vetoes in the old republic. But
it is equally true that ordinary people were entitled
to ask them to explain. I don't think anyone has
claimed that you *must* explain; they have merely
asked you to do so, and have disputed your reasoning.
Equally, no one has suggested that by refuting your
reasoning they will be able to overturn your veto. A
tribunician veto cannot be overturned, as we all know.
But a tribune can withdraw his veto after discussing
it with others. See, for instance, Livy 38.36.7-9
"Huic rogationi quattuor tribuni plebis, quia non ex
auctoritate senatus ferretur, cum intercederent,
edocti, populi esse, non senatus ius suffragium,
quibus uelit, impertire, destiterunt incepto". So I
don't see that these citizens are doing anything wrong
or unhistorical in trying to engage you in
constructive discussion, and in trying to persuade you
to change your mind. You are not obliged to engage
with them in constructive discussion, of course; but
if you declare that you are not open to rational
persuasion, you can hardly be surprised if people see
your position as being based not on reason but on some
other consideration. An opinion based on reason has
nothing to fear, and everything to gain, from debate.

The other plank of your attack upon these people
(whoever they are) is the fact that Roman judicial
decisions were not usually supported by reasons but
were merely pronounced. This, again, is perfectly
true, but is quite irrelevant; and indeed the fact
that you bring it up suggests that you have a very
serious misconception of the tribunate. A tribunician
veto was not, and is not, a judicial decision. The
tribune is not a judge, hearing the case for and
against and making a decision. Judges, in the Roman
conception of justice, are people who are given two
options (condemn or absolve) and choose between them.
A Roman judge cannot do anything other than accept one
of the two options which is offered to him. It is not
in his power to put forward his own legal arguments or
interpretations. This is why Roman judges did not
offer their reasoning: because the reasoning was done
for them.

The position of the tribune could hardly be more
different. The tribune is a politician who can
determine his own course of action with wide
discretion. He can interpret the law however he
wishes, and can implement it however he wishes,
subject to the usual constitutional constraints. But
he has no power to make an authoritative ruling on a
point of legal interpretation. He merely decides which
interpretation he himself will follow.

The decision of the tribunes is, indeed, final. On
this we agree. But you seem to go further. You seem to
think that the decision of the tribunes is necessarily
*right* - that because the tribunes endorse an
interpretation of the law, this interpretation becomes
the official, correct interpretation of the law. In
other words, you regard the tribunes as a panel of
supreme court judges. This is so far from being
supported either by historical practice or by the
constitution or law or Nova Roma that it is quite
astounding that you can maintain it while
simultaneously criticising others for their visions of
the role of the tribunate. Perhaps I have
misunderstood your views; I hope so. But you certainly
give the very strong impression that you believe that
the decision of the tribunes amounts to an
authoritative legal ruling. It does nothing of the
kind, and never did. It is merely the decision of a
group of politicians to act upon one interpretation
rather than another. It does not settle the legal
question; it merely settles the political question.
The political question - "what is going to be done?" -
is settled. The legal question - "what does the law
mean?" - remains open to debate.

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Group: Nova-Roma Message: 34007 From: Q. Caecilius Metellus Date: 2005-03-10
Subject: The Vacant Tribunate
Q. Caecilius Metellus Postumianus Pius salutem dicit.

When the issue first came up, and the Tribunes first came to the conclusion
that Saturninus was a Tribune, I had sat back and watched both my friend
Equitius Cato and Galerius Paulinus point out the legal facts of the issue
and the simple fact which is the bottom line of it all -- that Curius
Saturninus is not a Tribune -- hoping that sooner rather than later the
correctness of these two gentlemen would prevail upon the erroneous Tribunes
and that an election would be held to fill the vacancy. Of course, this has
yet to happen. So now, I intend to do what has been done so many times
before, and lay out all the facts again, and show the only conclusion
tenable by law and reason.

On 30 June 2757, the Lex Equitia Galeria de Ordinariis was approved by the
Comitia Centuriata, amending the Constitution to, among other things,
declare an office vacant if any one of the following cases apply:

- the magistrate resigns;
- the magistrate dies;
- the office is declared vacant by the Censors (under specific conditions,
not re-iterated here).

On 07 October 2757, the Lex Equitia de Civitate Eiuranda was approved by the
Comitia Populi Tributa, amending various sections of the Lex Cornelia et
Maria of the same name. Among the altered sections was Section V, which now
states that offices are resigned de facto with citizenship, and that no
public offices shall carry over to a returning citizen.

After which events, on 26 December 2757, Caius Curius Saturninus was elected
Tribune by the Comitia Plebis Tributa.

Finally, on 03 January 2758, Caius Curius Saturninus resigned his
citizenship, with all his offices, including his tribunate, being resigned
with his citizenship.

These are the facts. Now, let us look at the application of these facts.

Curius Saturninus assumed his Tribunate after the legislation dealing with
resignation and reinstatement (the Leges Cornelia et Maria de Civitate, as
amended by the Lex Equitia, and Equitia Galeria) was put into effect. His
resignation also came after said legislation went into effect.

How can Saturninus possibly be a tribune if all the relevant legislation
states more clearly than crystal that he is not a Tribune? No amount of
legal manipulation can change this fact! He resigned. The law says that
his office is vacant. The law says that offices do NOT carry over to the
returning citizen. CAIUS CURIUS SATURNINUS IS NOT A TRIBUNE! There is no
room for maneuvering here. There are four tribunes, and the Plebeians are
entitled, by LAW, to a fifth. The four sitting tribunes are obliged to hold
an election for said fifth tribune, and until such an election is held, said
four Tribunes are being grossly, stubbornly, and intentionally derelict in
their duties.

Valete.

"The whole history of the world is summed up in the fact that, when nations
are strong, they are not always just, and when they wish to be just, they
are no longer strong." - Sir Winston Leonard Spencer Churchill
Group: Nova-Roma Message: 34008 From: Maior Date: 2005-03-10
Subject: Re: The Vacant Tribunate
M. Hortensia Maior Q. Caecilio Metello spd;
Salve;
actually Metelle with our current situation, meaning the comitia
will not be called. I will say that by being accepted by the tribunes
and acting as a tribune Saturninus has been de-facto officially co-
opted by the tribunes. So he is officially a tribune. Do read Livy
and the episode of Trebonius.
optime vale
Marca Hortensia Maior TRP
Propraetrix Hiberniae
caput Officina Iuriis
et Investigatio CFQ

> returning citizen. CAIUS CURIUS SATURNINUS IS NOT A TRIBUNE!
There is no
> room for maneuvering here. There are four tribunes, and the
Plebeians are
> entitled, by LAW, to a fifth. The four sitting tribunes are
obliged to hold
> an election for said fifth tribune, and until such an election is
held, said
> four Tribunes are being grossly, stubbornly, and intentionally
derelict in
> their duties.
>
>
Group: Nova-Roma Message: 34009 From: gaiusequitiuscato Date: 2005-03-10
Subject: A thought about the tribunes and a welcome to the Neo-Bon (was: Re
G. Equitius Cato D. Constantino Fusco S.P.D.

Salve, tribunus plebis.

I would like to answer directly a couple of your statements.

You wrote:
"I'm fascinated by this continuous misunderstanding of Nova Roma law
and, I shall say, genetics, by someone (and I'm not saying only
Paulinus, it's actually a few people) who, for weeks now, pretend to
be the self-proclaimed defender of constitutionality against the ones
who are the proper elected people to do the job."

CATO: Unless you have not been paying attention, you must know that
both Galerius Paulinus and I are elected magistrates in the government
of Nova Roma. We may just be lowly quaestors, but we are nonethless
magistrates. We, too, have an obligation:

"I, Gaius Equitius Cato, swear to protect and defend the
Constitution of Nova Roma." - Gaius Equitius Cato, quaestorial oath of
office, Kalendas Ianuariis 2758 A.U.C.

You criticize one of your fellow-tribunes for not fulfilling "all" of
her obligations to her oath, yet you would have other magistrates
ignore part of theirs?



You wrote:
"Now, the Tribunes, in Nova Roma, are there for every single citizen,
plebeians and patricians alike. Actually, they are not even there for
the citizens properly, if not indirectly, but to protect *the law*.
tribunes, in NOVA ROMA, are not a rescue force for the oppressed
minority, but essentially law-guardians. Non historical, yes, but that
is what we are HERE, in NOVA ROMA, for. From there, it comes that we
indirectly protect the citizens from illegal abuses, but all the
citizens, not only the plebeians."

CATO: and quaestors, like every other magistrate in Nova Roma, are
also here to see that the law is upheld. I am bound by my duty to the
People (both patrician and plebeian) who elected me, to serve them and
to "uphold the honor of Nova Roma". You make one of my own points for
me: I too must try to "protect the citizens from illegal abuses"
because I have sworn to uphold the ultimate authority in the law ---
the Constitution. So if I see something occur that I believe is not
legal, should I remain silent, saying that it is "someone else's job"
to uphold the Constitution?



You wrote:
"Now, Paulinus, you may argue the 4 tribunes...you do not particularly
like are doing a poor job and took a wrong decision (it's not so, but
it is your right to believe so and to say that)..."

CATO: First of all, it is an unnecessary and insulting assumption
that Galerius Paulinus and I and anyone else who might happen to
believe that the tribunes have made a mistake here are saying so
because of some imagined personal animosity. Both Galerius Paulinus
and I have taken great pains to insist that this is precisely the
opposite: it is a question of law, not personalities; and is precisely
why I have decided to focus on the law in general rather than continue
the debate about Curius Saturninus' validity in particular. Senatrix
Pompeia Strabo flung open the door to ad hominem attacks, and rather
than stoop to that level, I will focus solely on the questions of
Constitutionality and legality involved.

Secondly, it has never been said that the tribunes are "doing a poor
job". It has been said that the tribunes *in this particular
instance* have made a mistake --- a "wrong decision" --- and an
illegal one, but that is all.

Thirdly, so there is absolutely no mistake involved and to cut off any
attempt to say otherwise at the root, I would like to personally
apologize to Caius Curius Saturninus for any ill-feelings I may have
engendered by this debate. I have never met him, I have never
exchanged a single personal letter with him, and I have no ill-intent
towards him personally on any level whatsoever. By all accounts he is
a pleasant, hard-working, serious gentleman; that his actions were the
catalyst in this discussion is purely happenstance. For the legal
purposes of this debate, he could be "Citizen X", where "X" is an
unidentified quantity. Any, and I repeat, ANY attempt to portray this
discussion in ANY other way is pandering to an emotional and
indefensible basis for refuting my understanding of the legal
questions involved.

Vale bene,

Cato
Group: Nova-Roma Message: 34010 From: Q. Caecilius Metellus Date: 2005-03-10
Subject: Re: The Vacant Tribunate
Metellus Pius Maiori sal.

Tribune Maior, would be be so kind as to show to the People the legislation
in which the Tribunes have the power to co-opt other Tribunes? Also, would
you be so kind as to demonstrate the absence of legislation dealing with
vacant positions, so that we might be inclined to follow the historical
precedent? I thank you for your thorough, legnthy, and detailed response to
these questions, in advance.
Group: Nova-Roma Message: 34011 From: Timothy P. Gallagher Date: 2005-03-10
Subject: welcome to the Neo-Bon
Salve Tribune Domitius Constantinus Fuscus et al

Well I guess we are at the name calling stage in this discussion. Lets see in the passage below I guess I am now a member of a narrow or wide new conspiracy in Nova Roma the Neo-Bon (funny name) but as we are near Easter shouldn't that not be the neo-bunny : )

a) a group containing people that looks at the constitution only when it fits
them (it was the blasphemy clause back then, now apparently is the resignation
clause, whatever), and ignores the parts they don't like

TGP I like the entire Nova Roma constitution especially the new section of Article IV that's under dispute seeing that I wrote it.

Article IV An office becomes vacant if the magistrate resigns or dies.

TGP simple and elegant if I do so so myself.

b) a group containing people who intend to to the part of their jobs who they
like, programmatically refusing to even recognize the one they don't

TGP I am not really sure what this statement means so I will not comment on it.

or claim their position is historical, even when t is obvious it is not

TGP I have been arguing that the majority of Tribunes made a bad decision based on a section of a lex that has no force of law as it was REPEALED by the voters and the complete refusal to read the first line of Article IV ( does everybody remember that it was three to one and not four to one because until they declared him to still be a Tribune he wasn't one, still isn't.

d) a group that posts agreement mails to each other in a matter of seconds to
produce a large volume of agreeing mails for their point.

TGP I never post private notes to announce to anyone I am about to post so they can join me and we can have a large volume of e-mail saying the same thing.

I think this is where I and others are now going to be painted with the "big lie" brush. If you say it long enough and loud enough it will make it true. Just one problem. Our argument, based on THE CURRENT Nova Roma Constitution and on CURRENT Nova Roma law was true and right the first time we made it and NO ONE has show how it wasn't or isn't correct.

e) a group that gangs up indefinitely on a single individual in order to force him to change a decision or have his nerves breaking down and leave.

TGP I have not "ganged up" on any individual but argued that a wrong decision was made by three Tribunes.

Vale

Tiberius Galerius Paulinus





[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34012 From: Maior Date: 2005-03-10
Subject: Re: The Vacant Tribunate
-Maior Metello spd;
METELLUS: > Tribune Maior, would be be so kind as to show to the
People the legislation
> in which the Tribunes have the power to co-opt other Tribunes?

MAIOR: the Constitution is silent on this matter; it does not forbid
tribunal co-option. So the tribunes have the power to do this, though
we may object. Remember our previous discussion in the forum about
the Constitution.

METELLUS:Also, would
> you be so kind as to demonstrate the absence of legislation dealing
with
> vacant positions, so that we might be inclined to follow the
historical
> precedent?
MAIOR: forgive me I am a bit confused about this question. In the
early Republic for about the first 50 years tribunes were co-opted by
the other tribunes but then this practice was definitevly ended and
all tribunes were voted in by election. See the Trebonian law.
One very thorny issue is that we have the terrible historical
example of Ti. Gracchus and Octavianus so we don't want to pitch out
any tribunes!
Now if you are speaking of Nova Roman law, we've just had the two
not applicable examples of Consul Laenas and Pontiff Scaurus. The
Saturninus affair is indeed unique. And the Constitution is silent.
I, like Cordus, where there is no legislation look to the example of
Republican Roman history to be my guide. I am sorry that I am
travelling right now and cannot give you an appropriate discussion
from my law books or Livy.
Next week I certainly shall be able to. If I've misunderstood your
question please excuse me & I shall try to address it properly
optime vale
M. Hortensia Maior TRP
Group: Nova-Roma Message: 34013 From: Publius Minius Albucius Date: 2005-03-10
Subject: Re: Neo-Bon, bunnies and Easter
P. Memmius Albucius T. Galerio Paulino s.d.

--- In Nova-Roma@yahoogroups.com, "Timothy P. Gallagher"
<spqr753@m...> wrote:

> (..)I am now a member of a narrow or wide new conspiracy in Nova
>Roma the Neo-Bon (funny name) but *as we are near Easter* shouldn't
>that not be the *neo-bunny* : )

Please, dear Galinus, give me some precisions !

For in European culture, Eastern has been the time when birds,
specially storks, fly to Roma to fetch babies or bells to bring back
the second ones to the churches of the cities and villages and the
first ones to the families loging for a child. Then, the bells
became in the last centuries chocolate ones and, with their friends
chocolate eggs, they happened to fall, by the will of Gods, in the
gardens where children try to find them so they can eat them... or
keep them,sometimes for years.

I am thus astounded to learn that "bunnies" are linked in your
provinciae to Eastern. Should I understand that your advance in
technology has allowed you to make rabbits fly ? Or must I infer
that young and pretty Bacchantes, ordinary resting in the heath of
men magazines, leave at Easter their cold pages to bring sweeties to
children ?

In both solutions, I should bow to these irrefutable marks of the
greatness of your provinces. ;-)

Vale,

P. Memmius Albucius
Group: Nova-Roma Message: 34014 From: gaiusequitiuscato Date: 2005-03-10
Subject: Re: Neo-Bon, bunnies and Easter
G. Equitius Cato P. Memmio Albucio Ti. Galerio Paulino quiritibusque
S.P.D.

Salvete omnes!

Memmius Albucius, it is indeed an oddity that bunnies are associated,
in the U.S., with the celebration of the Feast of the Resurrection of
Jesus Christ.

It is, I believe, a simple connection between the activities of
Spring: birth, generation, newness, youth, freshness --- and everyone
I'm sure is acquainted with the legendary obedience of rabbits to the
command of God at Creation to "go forth, be fruitful, and multiply"

:-)

How the Easter Boni --- I mean Bunny --- got roped into hauling around
eggs is a relatively recent (mid-1500s) German invention; but the
Easter Bunny himself is not a modern invention. The ancient Saxons
celebrated the return of spring with an uproarious festival
commemorating their Goddess of offspring and of springtime, Eastre.
Her earthly symbol was the rabbit, the most fertile animal known to
man, and a symbol of new life. When the second-century Christian
missionaries encountered the tribes of the north with their pagan
celebrations, they attempted to convert them to Christianity. They did
so, however, in a clandestine manner.

It would have been suicide for the very early Christian converts to
celebrate their holy days with observances that did not coincide with
celebrations that already existed. To save lives, the missionaries
cleverly decided to spread their religious message slowly throughout
the populations by allowing them to continue to celebrate pagan
feasts, but to do so in a Christian manner.

As it happened, the pagan festival of Eastre occurred at the same time
of year as the Christian observance of the Resurrection of Christ. It
made sense, therefore, to alter the festival itself, to make it a
Christian celebration as converts were slowly won over. The early
name, Eastre, was eventually changed to its modern spelling, Easter.

The Easter bunny was introduced to American folklore by the German
settlers who arrived in the Pennsylvania Dutch country during the
1700s. The arrival of the "Oschter Haws" was considered "childhood's
greatest pleasure" next to a visit from Christ-Kindel (for the Dutch,
"Sinter Klaas", the U.S.'s "Santa Claus"), on Christmas Eve. The
children believed that if they were good the "Oschter Haws" would lay
a nest of colored eggs. The children would build their nest in a
secluded place in the home, the barn or the garden. Boys would use
their caps and girls their bonnets to make the nests . The use of
elaborate Easter baskets would come later as the tradition of the
Easter bunny spread through out the country.

In the Orthodox tradition, the Ever-Virgin Mother of God went to
Pilate's home to plead for the life of her Son carrying a basket of
fresh eggs as an offering. When she was refused entrance, she turned
and walked towards Golgotha, weeping. Where her tears fell on the
eggs, they turned marvelously (and miraculously) colorful. This
started the practice of coloring eggs at Eastertide. In the early
days of Christendom, red was the only color used in coloring the eggs,
as it signified the sacred Blood of Jesus which had been shed on
Golgotha. Later, tan or ivory shades symbolized the fine linen cloth
in which Jesus was bound before being placed in the grave. Green was
used for the fresh vegetation of springtime. Blue represented the sky
in all of its glory, and purple was used to represent the Passion of
Jesus crucified.

Valete bene!

Cato
Group: Nova-Roma Message: 34015 From: S E M Troianus Date: 2005-03-10
Subject: Re: The Vacant Tribunate
Salva Maior -

On Mar 10, 2005, at 5:47 PM, Maior wrote:

> MAIOR: the Constitution is silent on this matter; it does not forbid
> tribunal co-option. So the tribunes have the power to do this, though
> we may object. Remember our previous discussion in the forum about
> the Constitution.

So the Tribunes can do anything the Constitution doesn't specifically
forbid them from doing?
That has to be one of the most ludicrous arguments I have ever read,
opening the door to all manner of potential abuse!
No where does the Constitution say that the Tribunes may co-opt a
member, therefore the Tribunes may not co-opt a member - THAT is a far
more reasonable interpretation than this "does not forbid" approach.

Or do we now need to rewrite the Constitution to infinite lengths in
order to specify every imaginable thing that the Tribunes may not do,
in order to satisfy future applications of this argument?

Vale
- S E M Troianus
Group: Nova-Roma Message: 34016 From: S E M Troianus Date: 2005-03-10
Subject: Re: The Vacant Tribunate
Salva Maior -

On Mar 10, 2005, at 5:09 PM, Maior wrote:

> I will say that by being accepted by the tribunes
> and acting as a tribune Saturninus has been de-facto officially co-
> opted by the tribunes. So he is officially a tribune.

Sorry, but the Constitution says that Election is the way a Tribune is
created. No where in it is co-optation an option - and none of this
"not specifically forbidden" nonsense either, or next thing you know
people will be self-appointing themselves Tribunes since that's not
specifically forbidden either.

For that matter, why stop at Tribune? There are so many things not
specifically forbidden by the Constitution!

No, this 'not specifically forbidden' argument is a very bad way to
approach interpretations of the Law.
Nova Roma will be overrun with self appointed Emperors under that
approach.

Vale
- S E M Troianus
Group: Nova-Roma Message: 34017 From: Maior Date: 2005-03-10
Subject: Re: The Vacant Tribunate
M. Hortensia Maior S. Equitio Troiano spd;
this is the crux Troiane - in an unwritten constitution what stops
or constrains people? Custom, Mos, the past...this is why our English
colleagues are so invaluable to help us understand a difficult
concept.
Now what does stop the present tribunes, myself naturally included
(if I have made a correct argument) - writing a law about
magistrates's resignations. But have you felt recently the well of
disapproval at ML resignations? This is the growth of our mos. Also
if the people dislike what we have done - they don't vote for any of
us in the next elections!
The more we study and understand Roman political and legal history
the greater is our pool of common understanding of what is acceptable
and what isn't.
Remember in Rome, the plebiscite ruled. What stopped utter chaos? A
common set of shared assumptions about government, freedom, culture.
This is what we are working on establishing in Nova Roma.
bene vale in pace deorum
postscripsit: in Germany what isn't permitted by law is expressly
forbidden! Germans think this is an excellent idea to prevent all
kinds of chaos. Citizens of the U.S are shocked by this constraint on
freedom.....

> For that matter, why stop at Tribune? There are so many things not
> specifically forbidden by the Constitution!
>
> No, this 'not specifically forbidden' argument is a very bad way to
> approach interpretations of the Law.
> Nova Roma will be overrun with self appointed Emperors under that
> approach.
>
> Vale
> - S E M Troianus
Group: Nova-Roma Message: 34018 From: gaiusequitiuscato Date: 2005-03-10
Subject: Re: The Vacant Tribunate
G. Equitius Cato M. Hortensiae Maori S. Equitio Mercurio Troiano
quiritibusque S.P.D.

Salvete omnes.

Hortensia Maoir, I must agree with Mercurius Troianus here; the
Constitution explicitly states (Article IV.Preface):

"Magistrates are the elected and appointed officials responsible for
the maintenance and conduct of the affairs of state. There are two
categories of magistrates: those who are ordinarily elected, the
ordinarii; and those who are only occasionally appointed or elected,
the extraordinarii."

and furthermore goes on to state (Article IV.A.7)

"Tribuni Plebis (Tribune of the Plebs). Five tribunes of the plebs
shall be elected by the comitia plebis tributa to serve a term lasting
one year."

So there is not even the slightest room for the ordinary magistracies
(the ordinarii) to be simply co-opted.


While you know that I have stated clearly my desire to return to a
historic system of leges which govern the res publica created to
answer specific issues as we grow and mature, and discard a written
constitution, while we have it the Constitution is our guide and measure.

Valete bene,

Cato
Group: Nova-Roma Message: 34019 From: rexmarciusnr Date: 2005-03-11
Subject: Re: The Entire Argument
Marcus Marcius Rex A. Apollonio Cordo SPD

>
> "Suspirium", according to my little dictionary, or
> "gemitus"; or perhaps you could say "eheu".
>

:-) Thanks, I thought it would be something like that but only
remembered the Italian word "sospiri" for "sighs" from the many Verdi
Operas I am enclined to listen to...

>
> This is not meant as a criticism of your tribunate and
> that of your colleagues - I can hardly criticise when
> I committed the same mistake at the time, for I too
> failed to look at republican history for guidance.

Now that is not correct. Point is we DID look at ancient practice:
If I may quote myself:

"From: "rexmarciusnr" <RexMarcius@a...>
Date: Wed Jun 18, 2003 3:56 am
Subject: About historical co-optations

Salve Colleague!

> Election reform should be our number 1 priority for the remainder
of
> this year.

I think we are all in agreement here! However, I should not leave you
(or our citizens) with the impression that your co-optation was
completely unhistorical. It was indeed the way Tribunes were chosen
in the early Republic if elections did not yield a necessary majority
for all positions.

Livy records this in 3.64: "He [the presiding magistrate for the
Comitia Plebis Tributa MMR] ordered those who had been elected to co-
opt colleagues, and recited the formula which governed the case as
follows: `If I require you to elect ten tribunes of the plebs; if on
this day you have elected less than ten, then those whom they co-opt
shall be lawful tribunes of the plebs by the same law, in like manner
as those whom you have this day made tribunes of the plebs.'"

The Lex Trebonia in 305 AUC (448 BC) however made run-off elections
(with heavy fines for non compliance) absolutely obligatory. It would
also be following history if we - after the experience of co-
optation - enacted the same kind of Plebiscitum for Nova Roma
(provided that we can find a way to make run-off elections yield
results).

Ave et Vale

Marcus Marcius Rex
Tribune of the Plebs "

Point is, there are so many layers of ancient Roman history
(sometimes even the same layer scholarly debated) and so many
intertwined modern problems we have to deal with that the only really
way to deal with any non academic problem is to entrust some of us to
make the call in the best interest of NR. I do not insist on my
interpretation, however I insist that a decision taken by the
competent people, even if it is not to my own flavour, be respected.

Ave et Vale

Marcus Marcius Rex
not Tribune anymore
Group: Nova-Roma Message: 34020 From: rexmarciusnr Date: 2005-03-11
Subject: Re: The Vacant Tribunate
Marcus Marcius Rex omnibus SPD


> On 07 October 2757, the Lex Equitia de Civitate Eiuranda was
approved by the
> Comitia Populi Tributa, amending various sections of the Lex
Cornelia et
> Maria of the same name. Among the altered sections was Section V,
which now
> states that offices are resigned de facto with citizenship, and
that no
> public offices shall carry over to a returning citizen.
>

What the amended law says (and I always used Section V to support my
opinion) is that no office shall carry over to a RETURNING citizen.
Section V deals with citizens who actually lost their citizenship. If
his resignation never became effective because he withdrew it in time
what then? Following your crystal clear legal logic ONLY the most
literal interpretation of texts - leaving aside the spirit of a lex -
is allowed (a very fundamentalist approach I despise, but it exists).
Now that would lead me to the conclusion that this never really ex-
citizen according to the law...must never have lost his
offices...oh...so obviously a nine day waiting period also applies
for resignation of offices. Considering that resignation of
citizenship and resignation of offices are treated as equal, that
should be no real surprise.

Ave et Vale

Marcus Marcius Rex
Group: Nova-Roma Message: 34021 From: QFabiusMaxmi@aol.com Date: 2005-03-11
Subject: Re: Thoughts about the tribunes and a welcome to the Neo-Bon (was:
In a message dated 3/10/05 1:15:29 A.M. Pacific Standard Time,
dom.con.fus@... writes:

Salvete

The "Historical" approach to the matter


Another thing that fascinates me is the irrationality of the ones who claim
that
"historical behaviour comes before anything" (Didn't we hear the same
argument
coming from another group of people, in the past?) And then pretend to a)
Have
the tribunes explaining and justifing their operate and b) even better,
question that operate in the first place.

Well at least we would check our historical facts before we said we were
trying to stay true
to history. Depending on the period of the republic (another problem) if
enough Tribunes were
not elected they were allowed to be appointed. However, in a later part of
history that was dropped
and run-offs instituted. So guess what? You have a choice if you are
staying true to history.
I am amazed that this has not been resolved in the week I have been away.
Why doesn't someone just flip a coin. Let Fortuna decide.


Now, the "historics" (but only in this case!) apparently forget that in
historical time the Tribunus simply uttered a word "Veto". Nothing else, end
of
the story, case closed, has been a pleasure having you all here. No
explaination needed, nor any asked publicly or publicly given unless the
Tribunus in question felt particularly inclined to give one.

Livius has examples of reasoning be given by the issuing Tribune. But all
in all I'd agree with
you. So, you are saying that Tribunes in NR answer to no one? With this
current crew in power
that tends to worry me.



Not that I don't like the democratic discussions on the main list, but I
think
that at least the people who bring forward the "historical behaviour always"
banner should act consequently and, how do you say, stay true to their own
words? Do you want "historical" tribunes? But then accept the consequences of
it and act historically. Again, there has been already a group in Nova Roma
who
claimed historicity before anything else, except when it didn't fit them,
right?


Wrong. We bent over backwards to stay historical, UNLESS it couldn't be
done.


**** * ****


Welcome to the Neo-Bon

But wait a minute...

a) a group containing people that looks at the constitution only when it
fits
them (it was the blasphemy clause back then, now apparently is the
resignation
clause, whatever), and ignores the parts they don't like

b) a group containing people who intend to to the part of their jobs who they
like, programmatically refusing to even recognize the one they don't

c) a group containing people who claim their position is historical, even
when
it is obvious it is not

d) a group that posts agreement mails to each other in a matter of seconds to
produce a large volume of agreeing mails for their point.

e) a group that gangs up indefinitely on a single individual in order to
force
him to change a decision or have his nerves breaking down and leave. Haven't
we already seen that in the past?

Yes it was called the Cohors They did all the above rather well. So well
that we folded our tent because we were tarred as the bad guys, and we saw we
could nothing to advance NRs agenda.
So we are out of the picture, and yet this BM continues. Perhaps the
ex-boni weren't as bad as it was said. So far I haven't see much progress by the
Cohors/Moderati/Libras. (Too many names to keep track. Perhaps I'll call
them the CML for short.)

As far as I see, its business as usual for the CML, except they have turned
on each other.
They sure like to disagree.

Valete
Q. Fabius Maximus


[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34022 From: Publius Minius Albucius Date: 2005-03-11
Subject: Unveiling Easter bunnies secrets
P. Memmius Albucius Ga. Equitio Catoni aliisque s.d.

S.V.G.E.R.

--- In Nova-Roma@yahoogroups.com, "gaiusequitiuscato"
<mlcinnyc@y...> wrote:

> Memmius Albucius, it is indeed an oddity that bunnies are
>associated,in the U.S., with the celebration of the Feast of the
>Resurrection of Jesus Christ.
>(..)
> In the Orthodox tradition, the Ever-Virgin Mother of God went to
> Pilate's home to plead for the life of her Son carrying a basket of
> fresh eggs as an offering. When she was refused entrance, she
turned
> and walked towards Golgotha, weeping. (..)

Ah ! Cato ! Thanks a lot ! Thanks to you - and to Paulinus who would
have surely give me the same informations - I have *learnt*
something. You have thrown a little jewel in the current discusses.

The way different people and cultures mix their beliefs, transform
the heritage of the previous civilizations, adapt it is thus a
constant and no-so-well-known tendency of mankind history. Nowadays,
for example, churches in Europe or Central America are mostly built
on the ruins of ancient temples.

Vale, ac valete.

P. Memmius Albucius
Group: Nova-Roma Message: 34024 From: gaiusequitiuscato Date: 2005-03-11
Subject: Re: The Vacant Tribunate
G. Equitius Cato M. Marcio Regico S.P.D.

Salve Marcus Rex

You are correct in that Section V of the lex Equitia de civitate
eiuranda deals with citizens who have gone past the grace period
following their resignation; they are excplicitly forbidden to resume
any offices they had prior to their resignation.

It is an interesting and logical legal construct that because this
particular law is explicit on this point it follows that implicitly, a
citizen who has *not* gone beyond that grace period *may* resume their
offices, and if that construct were supported by the rest of Nova
Roman law, I would actually agree with you.

But the rest of the law does not support this.

In the lex Cornelia et Maria de civitate eiuranda, Section II deals
with resignations and mentions only "citizenship". Section III, which
once dealt with "multiple resignations" by "currently serving
magisrates", has been stricken from the law, so that lex only deals
with citizenship being resigned; the oddity in Section II which
mentions "the next paragraph", referring to a paragraph which no
longer legally exists, should be corrected as allowed under
the lex Equitia de corrigendis legum erratis to strike the reference
to the annulled Section III.

Then, of course, the infamous line from Article IV of the
Constitution: "Än office becomes vacant if the magistrate resigns
or
dies."

As I mentioned before, using not only the words written but the
context in which we find them (i.e., in conjunction with a situation
as final and firm as, unfortunately, death --- rather than the more
ambiguous "disappearance"), it seems clear that resignation of a
magistracy, once uttered, is final --- at least as final as death.
Nowhere in any of our law is a reprieve (the 9 day grace period) given
in which magistracies are mentioned.

So in the absence of any legal text in which magistracies resigned are
give the same grace period as ctizenship, and in the face of a
clearly-expressed line in the Constitution which sets out precisely
when an office becomes vacant, I must conclude that the only
reasonable legal understanding is that in fact, immediately upon
resignation, the magistrate vacates his or her office. What happens
regarding their citizenship is entirely seperate, and is dealt with
seperately, as described in detail by the Constitution and laws.

One important and very serious matter involved here is the very nature
of citizenship vs. that of a magistracy. Citizenship is granted de
facto by the State. A magistracy is given by the will of the People
in comitia; its imperium, sanctitatis, dignitas, etc., are gifts
directly from the People to the citizen who has been elected. No-one
but the People may confer these trappings of office upon another
citizen; once an office is resigned, these are placed back in the
hands of the People to be given out again at their will.

Vale bene,

Cato
Group: Nova-Roma Message: 34025 From: Diana Aventina Date: 2005-03-11
Subject: Re: The Vacant Tribunate
Salvete,

>so obviously a nine day waiting
> period also applies
> for resignation of offices. Considering that
> resignation of
> citizenship and resignation of offices are treated
> as equal, that
> should be no real surprise.

I agree with my former Tribune colleague Marcus
Marcius Rex whom I am happy to see once again in this
forum! Caius Saturinus withrew his resignation within
the nine day time limit. Therefore according to the
law, he keeps his offices. That siad, if the law is
supposed to mean that he loses his offices, then it
should state that... It should be amended.

Valete,
Diana Octavia
also not a Tribune anymore





__________________________________
Do you Yahoo!?
Yahoo! Small Business - Try our new resources site!
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Group: Nova-Roma Message: 34026 From: rexmarciusnr Date: 2005-03-11
Subject: Re: The Vacant Tribunate
MMR Catro SPD

Very well, I think we have come to exactly the point, where our
disagreement lies: I would draw an analogy with regard to the
treatment of citizenship resignations and office resignations in view
of lex Cornelia et Maria and you would not. I am not blind to the
fact that you have several valid arguments to support your point of
view.....but I have mine as well. It is a matter of judgement which
are more persuasive.

Which brings me to my original point of departure: We both have not
been put in charge to make any decision in this respect. The Tribunes
on the other hand are in that position and they have acted - as I
believe - in the best interest of all of us.

If you do not like it: vote for better Tribunes next time! Although I
am almost sure I could not count on your vote if I stood again ;-)

Ave et Vale

Marcus Marcius Rex
Group: Nova-Roma Message: 34027 From: Diana Aventina Date: 2005-03-11
Subject: Re: a welcome to the Neo-Bon
Salve Fuscus,

Boni, Neo-Boni, ex-Boni? How did we end up in this
discussion?
None of the people disagreeing with you were ever Boni
in the first place. This is an argument between those
who hate the Boni : the Liberati/Moderati and Cohors
Whatevers whose friendships were based on 'the enemy
of my enemy is my friend' theory which is always
fleeting. Once the mutual enemy is gone (in this case
the handful of citizens previously known as the Boni)
you are now turning on eachother. If you need an enemy
to blame the problems of NR on, don't call them
Neo-Boni. Think of a new name...

Vale,
Diana





__________________________________
Do you Yahoo!?
Yahoo! Small Business - Try our new resources site!
http://smallbusiness.yahoo.com/resources/
Group: Nova-Roma Message: 34028 From: gaiusequitiuscato Date: 2005-03-11
Subject: Thoughts about the tribunes and a welcome to the Neo-Bon (was: Re:
G. Equitius Cato Q. Fabio Maximo S.P.D.

Salve Quintus Maximus.


> As far as I see, its business as usual for the CML, except they
have turned on each other. They sure like to disagree.
>
> Valete
> Q. Fabius Maximus

CATO: LOL, Quintus Maximus! At least your fears (pre-election) that
the Moderati, Librae et al. were some monolithic, unfeeling battering
ram of political evil were utterly unfounded, yes? It's amusing that
it seems that the only alternative to being mindlessly obedient to a
single party line (as practiced by a now-"defunct" collection of
rascally citizens) must by necessity be characterized as "turn[ing] on
each other". It is possible to have healthy debate and even serious
disagreement without attacking each other like wild rabbits.

And, of course, at least we are discussing a subject of importance to
the res publica that does *not* have anything to do with the religio.
The unfortunate (but brief) introduction of personal attacks aside,
it's been pretty much a series of back-and-forths among citizens who,
no matter which side they agree with, care deeply about the res
publica. That's gotta be a good thing.

Vale bene,

Cato
Group: Nova-Roma Message: 34029 From: gaiusequitiuscato Date: 2005-03-11
Subject: Re: The Vacant Tribunate
G. Equitius Cato M. Marcio Regico S.P.D.

Salve Marcius Rex

> If you do not like it: vote for better Tribunes next time! Although
I am almost sure I could not count on your vote if I stood again ;-)

CATO: actually, that's not quite necessarily true at all. I
recognize that there is honest room for disagreement, and I'm trying
my damnedest to convince you (and your cohorts in unimagineable evil)
that you're wrong, but at least, after a bumpy start, the discussion
has stayed on track and dealt with specifics. That is more important
to the health of the res publica than (to use an image beloved of one
of our Censors) for all of us to stand around holding hands singing
"Kum By Yah".

> Which brings me to my original point of departure: We both have not
> been put in charge to make any decision in this respect. The
Tribunes on the other hand are in that position and they have acted -
as I believe - in the best interest of all of us.

CATO: and we must disagree on this point. I am an elected magistrate
as well, who has sworn to protect and defend the Constitution. I may
not have the last word but I would feel that I was not doing my duty
to the People from whom I received my magistracy if I did not speak up
when I felt a violation of the law had occurred. The tribunes'
actions may very well have been sincere, but the results are not, I am
afraid, in the "best interest" of the People. And so I speak.


Vale bene,

Cato
Group: Nova-Roma Message: 34030 From: pompeia_minucia_tiberia Date: 2005-03-11
Subject: Re: The Entire Argument
---P. Minucia Tiberia G. Equitiae Catoni S.P.D.

Salve Equitius Cato Quaestor et Salvete Omnes:


In Nova-Roma@yahoogroups.com, "gaiusequitiuscato" <mlcinnyc@y...>
wrote:
>
> G. Equitius Cato P. Minuciae-Tiberiae Straboni M. Marcio Regico
> quiritibusque S.P.D.
>
> Salvete omnes.
>
> Very well. It seems as though now Senatrix Pompeia has weighed in
> with a rather cutting series of comments on the motivation behind
my
> argument. I had hoped that the ad hominems might have not reared
> their ugly heads, but so goes the world.

Pompeia: Ahem. Forgive me, but you appear to be experiencing an
acute exacerbation of 'thinskinnedness' Cato....from a man who spoke
to me last month in message 33572 of the fruitlessness of continued
weeping and 'nashing of teeth'(supposedly mine) in these
discussions. I didn't realize you were quite so sensitive. Well, I
will nonetheless continue to grind away,(hopefully I won't require
dentures) and I will try not to wail in too high-pitched a tone.

I disagreed with the first performance of the current 'legal'
dynamics a month ago, was happy to see the veto, and my mind remains
unchanged in this encore presentation. This should not be a
surprise to you.

I am free to criticize your policies as a magistrate, and to
question their rationale,speculate on possible motivations,
especially after two series of heated discussions over this issue in
two months. These are not ad hominem attacks on your person, or the
person of Tiberius Galerius, who atleast recognizes my right to
political debate on prevailing issues. You may not like my
metaphors, my choice of words, but they are not attacks on your
person.

If *you* have to resort to such accusations that I am doing so,
then I might suggest that you are deviating from the issues,
focusing on the cosmetics of how things are being said, rather than
what is being said.

I have read enough of collective posts from you and Galerius citing
your interpretation of resignation laws, posts
discussing 'direlection of duty' , posts requesting instructions on
how to 'impeach' a magistrate with respect to this state of affairs,
and I have heard more people.... ex magistrates, including former
tribunes, some legal experts... decried in the most absolutist
manner as I've seen in some time, as being incorrect in their
thinking/legal rationale.... I know we have flaws in the laws, but I
didn't realize you viewed so many in NR as being such 'tests full of
X's', Cato. This business was vetoed, and that should have ended the
affair, atleast as far as Saturninus status as Tribune. But no.

Cato:

The tribunes have the constitutional right to administer the law. To
retain the services of Saturninus is their constitutionally mandated
and therefore lawful decision.


You have spent inestimable hours it seems calling everyone else
incorrect, without, it would seem, realizing that to compel the
Tribunes to another course of action in this is beyond your
magisterial ability as Quaestor; it is against their constitutional
right to 'administer the law' and serves no purpose other than to
call attention to the fact that You, Galerius, and as you say Cordus
are in disagreement with the current state of affairs. Unless the
Tribunes have a change of heart, and the majority do not, you are
out of luck.

You do not like the current language of the laws. Do lobby to
change them. Use your efforts positively please, for your own sake.
Then the Tribunes will also have some stronger language with which
to make their decisions, commensurate with their collective right
to 'administer the law'.

You may exit stage left (in this post below) in the area of legally
overturning the Tribunes administrative decision. Good. But do so
because this is the correct thing to do. You may blame it
on 'cutting' verbage by Po if you wish, this is fine, or you can
simply admit that to undermine current tribune consensus...the
consensus of Fusce, Bianchus, Albucinus (I won't count Saturninus
here) is UNLAWFUL...even if you think they are as wrong as acid
rain.


The most you can say is that the laws are ambiguous. In any
ambiguity, you can never be 100% correct... because an ambiguity
has more than one meaning. The tribunes have adopted one mode of
thought and you have adopted another. They have the constitutional
authority to administer a decision, and you do not.

Lobby for clarifications, This is a lawful and productive use of
your magisterial efforts. It would be prudent in my view as well to
somehow synchronize the key elements of the pertinent legislation,
but I personally do not see where Saturninus is not entitled to
return. Even with the amendments since the Lex Cornelia Maria I
believe that even G. Iulius Scaurus and Popillius Laenus Consul
would be entitled to return..but that is 'me'. And if I did not
agree, I abide by the lawfully sanctioned decision of the Tribunes,
regardless of what I think.

Yunno, I didn't hit the ceiling with immeasurable glee at the all
the policies of Modius and Galerius last year...but they were
lawfully entitled to their decisions, and so, aside from expressing
objection, and making a few suggestions, my hands were tied.

With respect to judging your agenda and motivations, I have
limited choices: I can think, speculate, suggest, examine... that
there is another, unknown reason for this second effort to challenge
the Tribunes on the part of you and Galerius in particular... maybe
unknown political reasons where attention seeking would be
helpful....as I say I don't know...you tell me...

OR...

I can assume that you are trying to stage a legal 'coupe' of sorts
to undermine the Tribunate....I'm NOT, before anyone goes running to
the Praetores. I would rather assume that you are employing well-
intentioned, but sadly misguided efforts. You may not like what I
have to say, but I think I am being rather generous in saying 'I'm
not sure', given the theoretical seriousness of an undermining of
the Tribunate.

And I am a Senator and I am not supposed to say anything? I want to
respect and defend the constitution as well. And there are lawful
ways of doing things and unlawful ways of doing things. Efforts can
be well-intentioned, but equally unlawful.
>
> I will, against every conscious fibre of my being's impulse, let
go of
> this. I am not comfortable doing so, nor do I feel that a legally
> valid defense of the tribunes' actions has been mounted. I want to
> say that it's just not worth the aggravation of holding on, but
that's
> not true. I think a serious problem has been uncovered, and to
ignore
> it now and hope that "someone", "somewhere", will fix it in the
future
> is a disastrous mistake.
>
> Passing the buck to someone else because tackling a problem head
on is
> too discomforting is the hallmark of weakness and poor governance;
> waiting for someone else to solve a problem for us because to
attempt
> to do so ourselves would bring about unpopularity and jeopardize
our
> own "political" future is sheer cowardice. I hope that our Consul
is
> serious when he promises to "take up the matter". I believe he is
an
> honorable man, and I hope the results are equally honorable to the
res
> publica.

Pompeia: Consul Laenus has indicated three times in this forum that
he would lobby for new legislation. He said this the first time
right after Saturninus was returned....with the one dissenting
Tribune (who didn't pronounce intercessio). She has conceded that
the majority of Tribunes have made their decision, and she will not
pursue this matter further. I am happy for Hortensia, because such
efforts might undermine her future abilities to administer the law,
and I do not wish this for Hortensia any more than I wish this for
Saturninus.

The Consul is likely not going to introduce new legislation when
stuff is already being voted on in the CPT or CT,(we just finished
an election) but I'm confident he will do it. He is a man of his
word, that I have seen. Give him a chance. And if the populas
doesn't feel that his efforts are 'honourable to the res publica'
then they are not adopted by comitia.

And if I understand your comments in your last paragraph above, a
decision to realize your legal and magisterial parameters as
Quaestor is not passing the buck, or waiting for someone else
to 'get things done'...especially when that 'someone else' has more
constitutional authority than you do.
>
> My apologies to my fellow-quaestor, Tiberius Galerius Paulinus, for
> not having the stomach to pursue this further; the advent of
personal
> attacks is simply unacceptable and I do not wish to allow this to
> slide into a classic Nova Roman mud-slinging contest.
>
> I know I am stubborn. But I have always considered the honor and
> dignity of the res publica as paramount, and continue to do so. I
> have always considered the law to be a blind refuge for any
citizen of
> any political bent, no matter how distasteful or unappealing that
> citizen might appear to be to myself personally, and continue to do
> so. I have always considered the law to be a blind instrument
which
> casts equal light and shadow, and applicable equally to those with
> whom I agree and those with whom I disagree, and I continue to do
so.
> Though I dislike the unhistoricity of a written constitution in a
> Roman res publica, while we have one I have always considered
> obedience to it above all other law as crucial, and continue to do
so.
>
> To claim that I am arguing out of a stance whose only fruit is to
gain
> attention is insulting, absurd, and contrary to every word I have
> spoken in this Forum. Senatrix, I am genuinely dismayed that you
> would see it necessary to resort to such a depression of the level
of
> discourse.

Pompeia: As I say, I have only so many options with regard to
judging the reasons why you had joined Galerius, and to some extent
Cordus.. challenging the tribunes in such a vehment manner....you
are not just challenging the language of the law, you have to date
been challenging legal Tribune authority to interpret and apply that
law as they see appropriate. This month and last month this has
been a huge issue. It is either: a misguided effort to change the
laws of the resignation situation, it is for attention-seeking or
publicity for some political reason unknown to me, or it is an
attempt to use 'legal' means to illegally usurp the authority of the
Tribunes.

If you reasonably thought I could support such an effort, I am truly
sorry to have personally disappointed you, because you have many
good qualities, but I'm afraid I view this is atleast as 'wrong' as
you view it as 'right'.

Valete


>
> In a last word however (I told you I was stubborn), Marcius Rex,
the
> lex which is in question here is the lex Arminia de imperio, so
let's
> look at the terms. Article III.3 states that tribunicia potestas
> contains all the powers of ordinary potestas, so we then look back
to
> Article I, in which ordinary potestas is defined. Article I.3
refers
> to "Partial iurisdictio, the power to interpret the law within the
> duties of the magistrate holding the Potestas"; but juris dictio
> doesn't mean the power to interpret laws in general. It means the
> power to pronounce (dicere) justice (jus). The historical power of
> juris dictio was nothing more than the power to settle judicial
cases
> and to impose punishments. This of course involved some
interpretation
> of the law, but only where this applied to judicial cases. This
isn't
> a judicial case - no one is suing anyone else. So juris dictio
doesn't
> apply here (Thanks to another citizen for helping clarify this
> reasoning).
>
> Furthermore, what the Constitution says regarding
the "disappearance"
> of a magistrate in comparison to the flat statement regarding
> resignation or death is a false analogy. In an analogy, two
objects
> (or events), A and B, are shown to be similar. Then it is argued
that
> since A has property X, so also B must have property X. An analogy
> fails when the two objects, A and B, are different in a way which
> affects whether they both have property X. Your analogy fails
because
> both resignation and death are immediately provable, by words or
> action (or, in the case of death, perhaps INaction might be the
more
> appropriate case).
>
> Vox tribuni vox dei?
>
> "[the Consul Valerius] summoned the people to an assembly. As he
> entered the 'fasces' were lowered, to the great delight of the
> multitude, who understood that it was to them that they were
lowered
> as an open avowal that the dignity and might of the people were
> greater than those of the consul...The most popular of these laws
were
> those which granted a right of appeal from the magistrate to the
> people." - Livy, History of Rome 2.7
>
> Know this, though, quirites: if ever comes to me the authority to
> examine and actually pronounce upon the laws of the res publica, I
> will never shrink from applying it as it is written whether it
benefit
> "friend" or..."not friend"; and if it is written poorly, to
rewrite it
> in a way that will form a foundation from which the bolts of
Iuppiter
> O.M. Himself could not shake it.
>
> Valete bene,
>
> Gaius Equitius Cato
Group: Nova-Roma Message: 34031 From: pompeia_minucia_tiberia Date: 2005-03-11
Subject: Re: The Vacant Tribunate
---Salvete M. Marcius Rex et Omnes:


In Nova-Roma@yahoogroups.com, "rexmarciusnr" <RexMarcius@a...>
wrote:

You wrote:
(snip)
>
> MMR Catro SPD
>
> I
> am almost sure I could not count on your vote if I stood again ;-)

No you could not count on his vote...he is a patrician :)

Po
>
> Ave et Vale
>
> Marcus Marcius Rex
Group: Nova-Roma Message: 34032 From: gaiusequitiuscato Date: 2005-03-11
Subject: Cato To senatrix Pompeia
G. Equitius Cato P. Minuciae-Tiberiae Staboni salutem dicit.

Salve Senatrix

I was surprised, and angered, by your suddenly swooping in, belittling
my and Galerius Tiberius' characters and motives, which, prior to your
words, had not been a part of the discussion.

I, like the tribunes, like all magistrates in Nova Roma, have sworn to
protect and defend the Constitution. I have already explained this in
several speeches, so I will not belabor the point again. Protection
and defense are not simple passive verbs. They sometimes require action.

If you are not comfortable with me acting on what I believe, then I
would suggest that if I run for another office in the future you vote
against me because I certainly do not intend to keep silent.

Of course, even if I wasn't in an office, you know I wouldn't shut up.

:-)

Vale,

Cato
Group: Nova-Roma Message: 34033 From: P. Minucia Tiberia Date: 2005-03-11
Subject: Re: Fwd: Re: The Vacant Tribunate
P. Minucia Tiberia Senatus Populesque S.P.D.

I am in general agreement with the rationale below. In fact, last month also, some discussion ensued with particular focus on the extent to which the Lex Equitia civitate Eiuranda actually effected the Lex Cornelia Maria civitate Eiuranda, with regard to allowing a citizen/magistrate to return within the 9-day nundina. This nundina was not nullified by the Lex Equitia....it clearly lists what is and what is not nullified.

See Messages 33568 and 33569, by myself and former Tribune G. Salvius Astur...there were others, but these look to be the two most comprehensive from us. There will probably others, and from other posters at that.

I thought I would post the links to these two leges, for the benefit of the curious, so they would read for themselves.

http://www.novaroma.org/tabularium/leges/2001-05-20-iii.html
http://www.novaroma.org/tabularium/leges/2004-10-07-v.html

The controversy regarding whether or not Saturninus was indeed returnable as a Tribune started around the onset of Galerius Tiberius' campaign for Quaestor earlier in the year..that timeframe...in that he questioned the language of the Lex Cornelia Maria...it somehow evolved to include examination of the amendments of the Lex Equitia de Civitate Eiuranda and its ramifications, which to me, are nonapplicable imo, but that is me. The controversy has now widened (and apparently prevails in the mind of Galerius atleast) to include the amendment to the constitution passed in June through the Lex Equitia Ordinarii.

Since Galerius is not a Tribune, he can no longer force the Tribunes to make a decision to his liking, and is therefore relegated to the old fashioned, but lawful practise of lobbying for amendments to the current legislation.

And by the way.....

If Galerius Quaestor et former Tribunis Plebis will read this,....he might and he might not....I am wondering if he would be so kind as to clarify something for me....I've mentioned it before....I know you can counter that that the law has changed, and leave it at that, but I have a question specifically about your use of the Lex Cornelia Maria in this, if you please.

You initially cited Saturninus as being 'not a Tribune' due to the language of the Lex Cornelia Maria...didn't like the wording of the 9-day grace period...you didn't think it applicable, etc. etc.
Well, ok, that's fine. Your opinion. I don't agree with it but you are certainly entitled to same. The Lex Cornelia Maria was the basis of your rationale.

The Lex Cornelia Maria's been around since 2001. The 9 days is still in the lex Cornelia Maria. In 2003, when you were editor of the Eagle, and a citizen involved in political discussions, and in 2004, when you were Tribune, two magistrates resigned. Both were reinstated (and I think lawfully) to their respective posts, within the 9 days allowed before a resignation becomes official and valid.

Galerius....where was your Joan of Arc campaign against the return of Laenus Consul? You were here among us then. Do the Tribunes of 2003 remember entertaining such a massive foofah as this one regarding his return?

Where was your Joan of Arc campaign decrying the return of G. Iulius Scaurus? Based on the language of the Lex Cornelia Maria....the initial 'legal' rationale you are using in an attempt to undermine Tribune authority today?

It would seem to me quirites, if I didn't like the 'law' in principle, irrespective of persons, I would be maintaining the same fervour all across the board, regardless of the situation, voicing the same degree of objection for each and every time I felt it was wrongfully applied....why is it we are only seeing this manner from Galerius in the case of Saturninus? Why do you wait until the lex Cornelia Maria has been 'misapplied' three times before you start raising hades regarding its faulty language? Especially when you had the power of a Tribune last year to propose that we get rid of the nundina grace period of the Lex Cornelia Maria.

These and other perplexing dilemna are real headscratchers, in my view.

Valete


--- In Nova-Roma@yahoogroups.com, "rexmarciusnr"
wrote:

Marcus Marcius Rex omnibus SPD


> On 07 October 2757, the Lex Equitia de Civitate Eiuranda was
approved by the
> Comitia Populi Tributa, amending various sections of the Lex
Cornelia et
> Maria of the same name. Among the altered sections was Section V,
which now
> states that offices are resigned de facto with citizenship, and
that no
> public offices shall carry over to a returning citizen.
>

What the amended law says (and I always used Section V to support my
opinion) is that no office shall carry over to a RETURNING citizen.
Section V deals with citizens who actually lost their citizenship.
If
his resignation never became effective because he withdrew it in
time
what then? Following your crystal clear legal logic ONLY the most
literal interpretation of texts - leaving aside the spirit of a lex -

is allowed (a very fundamentalist approach I despise, but it
exists).
Now that would lead me to the conclusion that this never really ex-
citizen according to the law...must never have lost his
offices...oh...so obviously a nine day waiting period also applies
for resignation of offices. Considering that resignation of
citizenship and resignation of offices are treated as equal, that
should be no real surprise.

Ave et Vale

Marcus Marcius Rex
--- End forwarded message ---







---------------------------------
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[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34034 From: Q. Caecilius Metellus Date: 2005-03-11
Subject: Re: The Entire Argument
Metellus Pius Straboni sal.

> You have spent inestimable hours it seems calling everyone else
> incorrect, without, it would seem, realizing that to compel the
> Tribunes to another course of action in this is beyond your
> magisterial ability as Quaestor; it is against their constitutional
> right to 'administer the law' and serves no purpose other than to
> call attention to the fact that You, Galerius, and as you say Cordus
> are in disagreement with the current state of affairs. Unless the
> Tribunes have a change of heart, and the majority do not, you are
> out of luck.

Last I checked, Senatrix, Quaestores are citizens too, and therefore have
every right to stand and attempt to compel a magistrate to follow a given
course of action. Is it your stance, then, that, once elected to a
magistracy, a citizen no longer has the right to argue, however vehemently,
that another magistrate take a course of action?

> You may exit stage left (in this post below) in the area of legally
> overturning the Tribunes administrative decision. Good. But do so
> because this is the correct thing to do. You may blame it
> on 'cutting' verbage by Po if you wish, this is fine, or you can
> simply admit that to undermine current tribune consensus...the
> consensus of Fusce, Bianchus, Albucinus (I won't count Saturninus
> here) is UNLAWFUL...even if you think they are as wrong as acid
> rain.

Undermine, eh? Undermining would be something different than arguing that
the Tribunes are wrong. This is nothing more than vehemently arguing a
point. Until the Quaestors become assigned to Tribunes as subordinate
cooperative magistrates (in the same way as they are in relation to the
Consuls, Praetors, and Aediles), it can certainly not be undermining. What
is unlawful is the notion that Tribunes have the right to make other
Tribunes.

> The most you can say is that the laws are ambiguous. In any
> ambiguity, you can never be 100% correct... because an ambiguity
> has more than one meaning. The tribunes have adopted one mode of
> thought and you have adopted another. They have the constitutional
> authority to administer a decision, and you do not.

But not this decision. This one is for the Plebeians to decide.

> Pompeia: As I say, I have only so many options with regard to
> judging the reasons why you had joined Galerius, and to some extent
> Cordus.. challenging the tribunes in such a vehment manner....you
> are not just challenging the language of the law, you have to date
> been challenging legal Tribune authority to interpret and apply that
> law as they see appropriate. This month and last month this has
> been a huge issue. It is either: a misguided effort to change the
> laws of the resignation situation, it is for attention-seeking or
> publicity for some political reason unknown to me, or it is an
> attempt to use 'legal' means to illegally usurp the authority of the
> Tribunes.

Perhaps, Strabo, the men joined together because they agreed on a given
matter? It does happen in life, you know.

Taceas.
Group: Nova-Roma Message: 34035 From: Maior Date: 2005-03-11
Subject: Re: The Entire Argument - historical reference
M. Hortensia Maior M. Marcio Regio spd;
many thanks for including the proper historical reference, as I
currently am unable to access them.
There is a creative tension but it is a good one, forcing us to
research and reflect how to best to bring to life again the politics
and laws of Republican Rome.
bene vale
Marca Hortensia Maior TRP


However, I should not leave you
> (or our citizens) with the impression that your co-optation was
> completely unhistorical. It was indeed the way Tribunes were chosen
> in the early Republic if elections did not yield a necessary
majority
> for all positions.
>
> Livy records this in 3.64: "He [the presiding magistrate for the
> Comitia Plebis Tributa MMR] ordered those who had been elected to
co-
> opt colleagues, and recited the formula which governed the case as
> follows: `If I require you to elect ten tribunes of the plebs; if
on
> this day you have elected less than ten, then those whom they co-
opt
> shall be lawful tribunes of the plebs by the same law, in like
manner
> as those whom you have this day made tribunes of the plebs.'"
>
> The Lex Trebonia in 305 AUC (448 BC) however made run-off elections
> (with heavy fines for non compliance) absolutely obligatory. It
would
> also be following history if we - after the experience of co-
> optation - enacted the same kind of Plebiscitum for Nova Roma
> (provided that we can find a way to make run-off elections yield
> results).
>
> Ave et Vale
>
> Marcus Marcius Rex
> Tribune of the Plebs "
>
>
Group: Nova-Roma Message: 34036 From: Maior Date: 2005-03-11
Subject: Thoughts about the tribunes and a welcome to the Neo-Bon (was: Re:
M. Hortensia Maior Q. Fabio Maximo spd;
yes it's a great pleasure for me to see independent discussion!
Party politics are unRoman, I realize now that the best, truest
model is to have independent cives arguing, agreeing, disagreeing in
the forum.
We should all be happy to see this is so, one more step towards
the ways of Roma Antiqua.
M. Hortensia Maior

>
> As far as I see, its business as usual for the CML, except they
have turned
> on each other.
> They sure like to disagree.
>
> Valete
> Q. Fabius Maximus
>
>
> [Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34037 From: gaiusequitiuscato Date: 2005-03-11
Subject: Fwd: Re: The Vacant Tribunate
G. Equitius Cato P. Minuciae-Tiberiae Straboni S.P.D.

Salve Pompeia Strabo.

You wrote:
"I am in general agreement with the rationale below. In fact, last
month also, some discussion ensued with particular focus on the extent
to which the Lex Equitia civitate Eiuranda actually effected the Lex
Cornelia Maria civitate Eiuranda, with regard to allowing a
citizen/magistrate to return within the 9-day nundina. This nundina
was not nullified by the Lex Equitia....it clearly lists what is and
what is not nullified."


CATO: Pompeia Strabo, you are operating under a serious
misunderstanding. The whole point, the crux, the very heart of this
matter is encapsulated by your usage of the form "citizen/magistrate"
--- because the question is whether or not the nundina exists or ever
existed to begin with regarding magistracies, not citizenship.
Splicing them together illustrates exactly the flaw in your reasoning
--- you have either ignored or simply not understood the very question
that is being addressed.

Vale bene,

Cato
Group: Nova-Roma Message: 34038 From: S E M Troianus Date: 2005-03-11
Subject: Re: Cato To senatrix Pompeia
On Mar 11, 2005, at 10:00 AM, gaiusequitiuscato wrote:

> Of course, even if I wasn't in an office, you know I wouldn't shut up.
>

Truer words were never written! ;-)

- Troi.
Group: Nova-Roma Message: 34039 From: S E M Troianus Date: 2005-03-11
Subject: Re: a welcome to the Neo-Bon
Well, Diana, now you know: We are NOT the monolithic political machine
some have accused us of being! We have our own differences of opinion,
just like everyone.

Vale
- Troianus

On Mar 11, 2005, at 8:33 AM, Diana Aventina wrote:

>
> Salve Fuscus,
>
> Boni, Neo-Boni, ex-Boni? How did we end up in this
> discussion?
> None of the people disagreeing with you were ever Boni
> in the first place. This is an argument between those
> who hate the Boni : the Liberati/Moderati and Cohors
> Whatevers whose friendships were based on 'the enemy
> of my enemy is my friend' theory which is always
> fleeting. Once the mutual enemy is gone (in this case
> the handful of citizens previously known as the Boni)
> you are now turning on eachother. If you need an enemy
> to blame the problems of NR on, don't call them
> Neo-Boni. Think of a new name...
>
> Vale,
> Diana
>
>
>
>
>
> __________________________________
> Do you Yahoo!?
> Yahoo! Small Business - Try our new resources site!
> http://smallbusiness.yahoo.com/resources/
>
>
>
>
> Yahoo! Groups Links
>
>
>
>
>
>
>
Group: Nova-Roma Message: 34040 From: A. Apollonius Cordus Date: 2005-03-11
Subject: Re: The Entire Argument
A. Apollonius Cordus M. Marcio Regi omnibusque sal.

> > "Suspirium", according to my little dictionary, or
> > "gemitus"; or perhaps you could say "eheu".
> >
>
> :-) Thanks, I thought it would be something like
> that but only
> remembered the Italian word "sospiri" for "sighs"
> from the many Verdi
> Operas I am enclined to listen to...

Well, you would only have been two letters away. :)

> Now that is not correct. Point is we DID look at
> ancient practice:
> If I may quote myself:
...
> Livy records this in 3.64: "He [the presiding
> magistrate for the
> Comitia Plebis Tributa MMR] ordered those who had
> been elected to co-
> opt colleagues, and recited the formula which
> governed the case as
> follows: `If I require you to elect ten tribunes of
> the plebs; if on
> this day you have elected less than ten, then those
> whom they co-opt
> shall be lawful tribunes of the plebs by the same
> law, in like manner
> as those whom you have this day made tribunes of the
> plebs.'"
>
> The Lex Trebonia in 305 AUC (448 BC) however made
> run-off elections
> (with heavy fines for non compliance) absolutely
> obligatory. It would
> also be following history if we - after the
> experience of co-
> optation - enacted the same kind of Plebiscitum for
> Nova Roma
> (provided that we can find a way to make run-off
> elections yield
> results).

I'm glad to see that you did indeed look at this; but
if you looked at the historical precedents then I find
it hard to understand how you could possibly have come
to the opinion that co-option of tribunes was a good
idea. It is certanly true that prior to 448 tribunes
could be co-opted, and that after 448 they could not.
When stated so simply and briefly, the facts seem to
indicate that one option is just as historical as the
other.

But let me state the facts somewhat less briefly. We
might begin by noting that the lex Trebonia was passed
in 448 and was never repealed or replaced: in other
words, it was in force for all but 61 years of the
republic, or about 87% of republican history. This
surely must incline us to prefer the situation after
the lex Trebonia to the situation before it. Moreover,
let's notice the context of the lex Trebonia, namely
that it was a response to the fact that, the previous
year, five tribunes - fully half of the college - had
been co-opted by their colleagues and that of the five
co-opted tribunes two were patricians! With this in
mind, I don't see how anyone could remain in any doubt
that the situation before the lex Trebonia was highly
undesirable and led to anomalies verging on the
unconstitutional, whereas the situation after the lex
Trebonia, representing as it does the situation for
almost nine tenths of the republican period and
consonant as it is with the general principles of the
Roman constitution, was the better precedent to
follow.

I suppose on the other side it must be said that the
situation before the lex Trebonia tells us what the
Romans did when insufficient tribunes were elected and
there was no explicit law saying how this was to be
handled. Therefore it makes sense that you and your
colleagues, finding yourselves in a similar situation,
should have chosen to follow that precedent. But wait
- you were not in a similar situation, because there
was already in existence a lex stating that if
insufficient tribunes were elected the proper
procedure was to continue to hold elections until all
the vacancies were filled; precisely the provisions of
the lex Trebonia. So the law of Nova Roma at the time
represented the situation after the lex Trebonia, not
before.

Still, this is all in the past. It tells us that using
historical practice to fill the gaps in modern law is
not always fool-proof; but I'm sure you'll agree that
it ought nonetheless to be the first resort, leaving
other techniques such as analogy to be used only when
historical practice cannot adequately fill the gaps.

> Point is, there are so many layers of ancient Roman
> history
> (sometimes even the same layer scholarly debated)
> and so many
> intertwined modern problems we have to deal with
> that the only really
> way to deal with any non academic problem is to
> entrust some of us to
> make the call in the best interest of NR. I do not
> insist on my
> interpretation, however I insist that a decision
> taken by the
> competent people, even if it is not to my own
> flavour, be respected.

But here you have passed over the second point I made
to you: there is not in Nova Roma and there was not in
the old republic any person or body empowered to make
authoritative interpretations of law. If there were,
then certainly we ought to respect the interpretations
given by that person or body. But since there is not,
questions of interpretation can never be settled
merely by saying "well, it's up to so-and-so and his
decision is final". No decision about the
interpretation of a Roman statute is ever definitive.
So, for instance, the decision which you and your
colleagues made to co-opt a fifth tribune did not
create new law - it was merely a decision about what
to do in the circumstances. And similarly, the
decision of our current tribunes to continue to treat
C. Curius as a tribune does not in itself make him so,
because their decision does not create new law. He
either is or is not, and the tribunes cannot make him
so or not so. They can made him tribune de facto, but
not de iure, because their power can only create
facts, not law.

So when you say "I insist that a decision taken by the
competent people... be respected", that is a very
reasonably request; but, with respect to the point of
law in question, the tribunes are no more competent
than anyone else, and their interpretation may be
respected or not as each person feels inclined.

Send instant messages to your online friends http://uk.messenger.yahoo.com
Group: Nova-Roma Message: 34041 From: George Date: 2005-03-11
Subject: OT-Thornborough challenge!
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sign this one also.

Thanks

TimeWatch
Group: Nova-Roma Message: 34042 From: mfalco1 Date: 2005-03-11
Subject: Re: The Vacant Tribunate
Salve Tribune Maior


MAIOR: the Constitution is silent on this matter; it does not forbid
> tribunal co-option. So the tribunes have the power to do this,
though
> we may object

With due respect to your status as an elected magistrate, the
constitution is clear on the matter of vacant offices. I have seen
where it was quoted that in the early republic that tribunes were co-
opted. While that is a precedent, the constitution we have at
present lays down the guidelines for filling vacancies, which is
election in the proper committa. Thus it does not allow room for the
practice of co-option.

I am not a plebian, but I can see that if magistratial bodies are
allow to take the perogative of the people they represent away, then
those precedents (which have no place in Roman law) will become a
dangerous memory.

Vale
Falco

--- In Nova-Roma@yahoogroups.com, "Maior" <rory12001@y...> wrote:
>
> -Maior Metello spd;
> METELLUS: > Tribune Maior, would be be so kind as to show to the
> People the legislation
> > in which the Tribunes have the power to co-opt other Tribunes?
>
> MAIOR: the Constitution is silent on this matter; it does not
forbid
> tribunal co-option. So the tribunes have the power to do this,
though
> we may object. Remember our previous discussion in the forum about
> the Constitution.
>
> METELLUS:Also, would
> > you be so kind as to demonstrate the absence of legislation
dealing
> with
> > vacant positions, so that we might be inclined to follow the
> historical
> > precedent?
> MAIOR: forgive me I am a bit confused about this question. In the
> early Republic for about the first 50 years tribunes were co-opted
by
> the other tribunes but then this practice was definitevly ended and
> all tribunes were voted in by election. See the Trebonian law.
> One very thorny issue is that we have the terrible historical
> example of Ti. Gracchus and Octavianus so we don't want to pitch
out
> any tribunes!
> Now if you are speaking of Nova Roman law, we've just had the two
> not applicable examples of Consul Laenas and Pontiff Scaurus. The
> Saturninus affair is indeed unique. And the Constitution is silent.
> I, like Cordus, where there is no legislation look to the example
of
> Republican Roman history to be my guide. I am sorry that I am
> travelling right now and cannot give you an appropriate discussion
> from my law books or Livy.
> Next week I certainly shall be able to. If I've misunderstood
your
> question please excuse me & I shall try to address it properly
> optime vale
> M. Hortensia Maior TRP
Group: Nova-Roma Message: 34043 From: Maior Date: 2005-03-11
Subject: Re: The Vacant Tribunate
Maior Falco salutem dicit;
Salve; first, it is always a pleasure to me to see cives engage in
these issues. I never see disrespect in questioning. You may make an
excellent argument & change my opinion:)
Secondly, the constitution is very clear on vacant offices. But
Falco the other tribunes did not think the office was vacant. They
applied the citizen nundium law so to them Saturninus never resigned.
In our opinion he did, so analytically applying Roman law I see
Saturninus's present situation as de facto co-option.
But as admirable Cordus pointed out, this applies soley to this
situation. It is not a law.
please it really is delightful to see all cives engage
in this thoughtful political and historical discussion.
optime vale
Marca Hortensia Maior TRP


I did, the
> constitution is clear on the matter of vacant offices. I have seen
> where it was quoted that in the early republic that tribunes were
co-
> opted. While that is a precedent, the constitution we have at
> present lays down the guidelines for filling vacancies, which is
> election in the proper committa. Thus it does not allow room for
the
> practice of co-option.
>
>
Group: Nova-Roma Message: 34044 From: Timothy P. Gallagher Date: 2005-03-11
Subject: Re: Fwd: Re: The Vacant Tribunate part 35
Salve Senator P. Minucia Tiberia et al

Senator P. Minucia Tiberia said in part

"The controversy regarding whether or not Saturninus was indeed returnable as a Tribune started around the onset of Galerius Tiberius' campaign for Quaestor earlier in the year. ."

TGP

As has been stated before this issue first came to a head when I asked the Tribunes when were they going to post a call for candidates for the vacant Tribuneship and I informed them that I intended to stand. It was after my inquiry and their public declaration that there was no vacancy that I started posting that indeed there was and that they had made a mistake and that an election for Tribune needed to be called.

PMT "The controversy has now widened (and apparently prevails in the mind of Galerius at least) to include the amendment to the constitution passed in June through the Lex Equitia Ordinarii."

TGP If you are going to quote from the LEX EQUITIA GALERIA DE ORIDNARIIS could you at least get the name of the constitutional amendment right. This was enacted by the people and ratified by the Senate of Nova Roma.
Passed by Comitia Centuriata, Yes-37; No-5; Abstain-9 30 Iunius MMDCCLVII Senate Approval 27 Iunius MMDCCLVII

Article IV of the Nova Roma Constitution is amended to read as follows.

IV. Magistrates are the elected and appointed officials responsible for the maintenance and conduct of the affairs of state. There are two categories of magistrates: those who are ordinarily elected, the ordinarii; and those who are only occasionally appointed or elected, the extraordinarii. Qualifications necessary to hold these positions may be enacted by law properly passed by one of the comitia.

An office becomes vacant if the magistrate resigns or dies.


If a magistrate has not been in contact with the Senate or the Censors for 60 days, and has not previously notified the Senate and People that he will need to be out of contact, the Censors shall, having tried and failed to contact him and having declared their efforts publicly, declare the office vacant.

If an office becomes vacant and suitable candidates are at hand, an election shall be held in the appropriate comitia to elect a successor to serve out the remainder of the term within forty-five days.

Should one of the ordinarii be found to be derelict in his duties, as defined by the comitia that elected him, that magistrate may be removed by a law originating in the comitia that elected him.

TGP The controversy has not widened it is the same as from day one. One is elected a magistrate of Nova Roma by the free will of the citizens of Nova Roma. You resign from ELECTED office and the only power that can place anybody in an vacant (elected) office (unless there is three months or less in the term) are again the citizens of Nova Roma. In the case of a vacant Tribuneship that would be the Plebian citizens of Nova Roma

And why pray tell would a constitutional amendment THAT CHANGES THE ENTIRE dynamic of the resignation by a magistrate and adopted SIX months before the current controversy NOT be relevant?


PMT " Since Galerius is not a Tribune, he can no longer force the Tribunes to make a decision to his liking, and is therefore relegated to the old fashioned, but lawful practice of lobbying for amendments to the current legislation."

TGP: I could not and I do not know of any Tribune that can FORCE his colleagues to do anything. A Tribune or a lower elected official or even a private citizen only has the power of persuasion or even just the power to attempt to persuade. That is what I am doing.

"And by the way.....If Galerius Quaestor et former Tribunes Plebis will read this,....he might and he might not....I am wondering if he would be so kind as to clarify something for me....I've mentioned it before....I know you can counter that that the law has changed, and leave it at that, but I have a question specifically about your use of the Lex Cornelia Maria in this, if you please.

You initially cited Saturninus as being 'not a Tribune' due to the language of the Lex Cornelia Maria...didn't like the wording of the 9-day grace period...you didn't think it applicable, etc. etc. Well, ok, that's fine. Your opinion. I don't agree with it but you are certainly entitled to same. The Lex Cornelia Maria was the basis of your rationale.

The Lex Cornelia Maria's been around since 2001. The 9 days is still in the lex Cornelia Maria. In 2003, when you were editor of the Eagle, and a citizen involved in political discussions, and in 2004, when you were Tribune, two magistrates resigned. Both were reinstated (and I think lawfully) to their respective posts, within the 9 days allowed before a resignation becomes official and valid.

Galerius....where was your Joan of Arc campaign against the return of Laenus Consul? You were here among us then. Do the Tribunes of 2003 remember entertaining such a massive foofah as this one regarding his return?

Where was your Joan of Arc campaign decrying the return of G. Iulius Scaurus? Based on the language of the Lex Cornelia Maria....the initial 'legal' rationale you are using in an attempt to undermine Tribune authority today?

TGP Has the power of the Tribunes changed since I have spoken out about the unconstitutional and illegal a I know they have made?

And in answer to your long question of why now and not in 2003 or 2004

I missed it ! I blew it ! I wasn't as up on the nuances of Nova Roma law as I am now !

I admit that I missed it but then so did every other citizen of Nova Roma but unlike most I am not missing it this time.

Fool me once shame on you fool me twice shame on me!

and before you attach personalities to this remember this. The only interaction I have had with Saturninus was and remains absolutely positive and I have no fault with him my argument is with the three Tribunes who have rendered an unconstitutional and illegal act.

Article IV "An office becomes vacant if the magistrate resigns or dies.... "

"If an office becomes vacant and suitable candidates are at hand, an election shall be held in the appropriate comitia to elect a successor to serve out the remainder of the term within forty-five days."

These are provisions of the Nova Roma Constitution and are SUPERIOR to any lex. Senator please read my posts of the last few days where I reminded the list that I did state last year as a Tribune that when a Senator resigned his Senate seat and citizenship, last year that the only way back to the Senate was thought a SC asking that he be put on the list or the Censors doing it on their own.

Vale

Tiberius Galerius Paulinus



[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34045 From: quintuscassiuscalvus Date: 2005-03-11
Subject: My apologies
Salvete,

I've had problems with my email and my ability to get online has
been spotty the past couple of days after we had an ice/sleet/snow
storm with 50+ mile an hour winds last Tuesday night and into
Wednesday. I'll be playing catchup this weekend (though right now
as I type its snowing again in my neck of Nova Britannia).

Valete,

Q. Cassius Calvus
Group: Nova-Roma Message: 34046 From: QFabiusMaxmi@aol.com Date: 2005-03-11
Subject: Re: Thoughts about the tribunes and a welcome to the Neo-Bon (wa...
In a message dated 3/11/05 5:43:51 A.M. Pacific Standard Time,
mlcinnyc@... writes:

CATO: LOL, Quintus Maximus! At least your fears (pre-election) that
the Moderati, Librae et al. were some monolithic, unfeeling battering
ram of political evil were utterly unfounded, yes?
Ah yes my dear Cato. I had no idea they were so incompentent. You were
right
I had nothing to worry about.


It's amusing that it seems that the only alternative to being mindlessly
obedient to a
single party line (as practiced by a now-"defunct" collection of
rascally citizens) must by necessity be characterized as "turn[ing] on
each other".

OK, they are not turning on one another. The insults and gnashing of teeth
we hear
is normal healthy political discourse. Umm Hmm.

It is possible to have healthy debate and even serious
disagreement without attacking each other like wild rabbits.


Except that's all they do. Fight like bunnies. BTW my Dinari are on
Fuscus. So far, he has
parsed the best.

BTW Kodos to your daily posting of Roman events.

Vale et Valete
Q. Fabius Maximus

And, of course, at least we are discussing a subject of importance to
the res publica that does *not* have anything to do with the religio.
The unfortunate (but brief) introduction of personal attacks aside,
it's been pretty much a series of back-and-forths among citizens who,
no matter which side they agree with, care deeply about the res
publica. That's gotta be a good thing.

Vale bene,

Cato





[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34047 From: Maior Date: 2005-03-11
Subject: Re: Thoughts about the tribunes and a welcome to the Neo-Bon (wa...
M. Hortensia Maior. Q. Fabio Maximo spd;
Salve; I am glad to see you here. As a magistrate I am
exceedingly glad to see the official Nova Roma monthly interactive
calendar is color-coded to show Dies Comitialis, Nefastus etc. so we
can plan voting days appropriately.
As a member of the Religio I am sorry to see the major religious
festivals for March are not posted there. The Equirria and that of
Minerva in particular. I spoke with our good webmaster Calvus and he
said anyone may add the religious information.

Since the pontiffs are in charge of the official religious calendar
would you kindly for the cives benefit insert the religious
festivals?

What would we do without G. Equitius Cato's daily postings. Gratias
tibi ago!
bene vale in pace deorum
Marca Hortensia Maior TRP
Propraetrix Hiberniae
caput Officina Iuriis
et Investigatio CFQ
Group: Nova-Roma Message: 34048 From: Maior Date: 2005-03-11
Subject: Lex on magistrate's resignation
M.Hortensia Maior Quiritibus spd;
well I am no law writer but just to get us started to solve the
problem how is this in brief;

" If a citizen is a magistrate and resigns his citizenship in
writing whether publically or privately, officially or unofficially
he has legally resigned his magistracy. If a civis in writing
separately resigns his magistracy whether publically or privately,
officially or unoffically he has legally resigned his magistracy from
the date of the communication.

Within a nundium elections must take place to fill the vacant
magistracy. The resigning magistrate may enter himself as a candidate
for the magistracy he resigned from."

All right cives, now please do better:)
optime valete
Marca Hortensia Maior TRP
Group: Nova-Roma Message: 34049 From: gaiusequitiuscato Date: 2005-03-11
Subject: Re: Lex on magistrate's resignation
G. Equitius Cato M. Hortensiae Maiori quiritibusque S.P.D.

Salve et salvete.

How about:

"The lex Cornelia et Maria de civitate eiuranda is amended by addition
as follows:

III. If a currently serving magistrate resigns from his office or his
citizenship, either separately or concurrently, he will be considered
to have vacated his office upon the publication of his resignation.
He may still resume his citizenship in accordance to Section II of
this law (within the nundina allowed); his office, being vacated, will
remain so until the magistrate empowered to do so by law can call for
an election to fill said vacancy as prescribed by law."

Just a thought.

Vale et valete,

Cato, the Calendar Guy



--- In Nova-Roma@yahoogroups.com, "Maior" <rory12001@y...> wrote:
>
> M.Hortensia Maior Quiritibus spd;
> well I am no law writer but just to get us started to solve the
> problem how is this in brief;
>
> " If a citizen is a magistrate and resigns his citizenship in
> writing whether publically or privately, officially or unofficially
> he has legally resigned his magistracy. If a civis in writing
> separately resigns his magistracy whether publically or privately,
> officially or unoffically he has legally resigned his magistracy
from
> the date of the communication.
>
> Within a nundium elections must take place to fill the vacant
> magistracy. The resigning magistrate may enter himself as a
candidate
> for the magistracy he resigned from."
>
> All right cives, now please do better:)
> optime valete
> Marca Hortensia Maior TRP
Group: Nova-Roma Message: 34050 From: gaiusequitiuscato Date: 2005-03-11
Subject: Re: Lex on magistrate's resignation (Version 2.0)
G. Equitius Cato quirites S.P.D.

Salvete omnes.

Or, for those who wish to see a "grace period" extended to
magistracies as well:

"The lex Cornelia et Maria de civitate eiuranda is amended by addition
as follows:

'III. If a currently serving magistrate resigns from his office or his
citizenship, either separately or concurrently, he will be considered
to have vacated his office upon the publication of his resignation.
He may still resume his citizenship in accordance to Section II of
this law (within the nundina allowed); if he does so, his office,
having been held vacant until the nundina was finished, will be
returned to him as if his resignation had never been published.'

Furthermore, the Constitution of Nova Roma is amended by substitution
as follows:

The line "An office becomes vacant when the magistrate resigns or
dies."(Article IV, Preface) shall be replaced by

"An office becomes immediately vacant if the magistrate dies; upon the
resignation by a magistrate, an office becomes vacant if the nundina
allowed by law passes without the resumption of citizenship."

Valete bene,

Cato, still the Calendar Guy
Group: Nova-Roma Message: 34051 From: pompeia_minucia_tiberia Date: 2005-03-12
Subject: Fwd: Re: The Vacant Tribunate
---Salve Equitius Cato et Salvete Omnes:

Well, there is a flaw in my reasoning you say? Cato, no doubt...I
am afraid there is a flaw in everyone's reasoning who has posted on
these matters to date, so I do not feel cerebrally alienated.

Heck minds much greater than mine are apparently incorrect....Be
that as it may, I am keenly aware of the history of this debate, its
key elements and its participants, particularily those who have
initiated it...twice in two months.

It started in February with Galerius questioning the existance of
the nundina for magistrates...it evolved to the suggestion that the
Lex Equitia civitate Eiuranda somehow nullified the nundina...then
the Lex Equitia Ordinari was cited as a constitutional means of
overriding the preceding leges, to wit, that a magistracy becomes
vacant in the event of a resignation or death....

Then, what I view as the 'teeth' of the entire affair is introduced:
to wit, questioning the authority of the Tribunes to apply these
laws, be they perceived as flawed or not, in the case of Saturninus
in co-opting. I didn't mention this aspect in this post because it
does not apply to a technical discussion of how one lex amends the
other. But I am hardly oblivious to what I think is the most
dangerous element of any objection surrounding the Saturninus case
to date.

That you think I have little or no useable input is not a surprise
to me...there are over 800 subscribers to this list, of which you,
and this is not an insult, total just one. So I leave the decision
to the readership.

It might be helpful if you had read my last two posts to you, but I
can see where you may have perhaps just wanted to skim them. It
seems that you allow yourself the elacrity to be critical of others,
but when you are challenged by the suggestion that there are areas
of the constitution in which your own actions might be considered
inappropriate...when you and Galerius are challenged to account for
your own reasoning and behaviours in this...when you are asked about
your motivations... when you are asked to take the beam from your
own eyes, so to speak....well, this is too much I guess...and
considered 'ad hominem' attacks. No, it is asking a couple of
magistrates sworn to protect and defend the constitution (flawed or
not) to account for their own rationale, in their relationship with
the majority of Tribunes. Do you address these issues and discuss
them with Po? No. You start a new heading and proceed with your
lamentations/suggestions that I am baselessly attacking you and
Galerius.

No, it is not *you* or *Galerius* I have issue with, Cato. It is
your behaviour in these matters to date... particularily those
aspects which suggest to undermine Tribune authority.... behaviours
which I'm afraid I find as legally flawed in some spots as you and
Galerius have determined the recent decisions of the tribunes to be.
I welcome your opinions on laws, which have some good elements, in
my humble view. I do not welcome a challenge to the
constitutionally mandated authority of the Tribunes. I am sorry,
Cato.

But I am through now, now that I am more satisfied with the
unlikelihood that the Tribunes constitutional
rights/authority/potestas/comitia-bestowed blessing is not going to
be undermined in any manner incongruent with normal process of law,
however innocent and wellmeaning the intentions behind such a
consideration are cited...

You are not 'all wrong' Cato...but I cannot call you 'all right' in
this either. I am glad you have personally laid off the
Tribunes...at least this is my impression from one of your posts
yesterday. This is good all around, and I think this will benefit
you in the long run. There are less drastic means of accomplishing
the same outcomes and improvements for the future.

Valete


In Nova-Roma@yahoogroups.com, "gaiusequitiuscato" <mlcinnyc@y...>
wrote:
>
> G. Equitius Cato P. Minuciae-Tiberiae Straboni S.P.D.
>
> Salve Pompeia Strabo.
>
> You wrote:
> "I am in general agreement with the rationale below. In fact, last
> month also, some discussion ensued with particular focus on the
extent
> to which the Lex Equitia civitate Eiuranda actually effected the
Lex
> Cornelia Maria civitate Eiuranda, with regard to allowing a
> citizen/magistrate to return within the 9-day nundina. This
nundina
> was not nullified by the Lex Equitia....it clearly lists what is
and
> what is not nullified."
>
>
> CATO: Pompeia Strabo, you are operating under a serious
> misunderstanding. The whole point, the crux, the very heart of
this
> matter is encapsulated by your usage of the
form "citizen/magistrate"
> --- because the question is whether or not the nundina exists or
ever
> existed to begin with regarding magistracies, not citizenship.
> Splicing them together illustrates exactly the flaw in your
reasoning
> --- you have either ignored or simply not understood the very
question
> that is being addressed.
>
> Vale bene,
>
> Cato
Group: Nova-Roma Message: 34052 From: pompeia_minucia_tiberia Date: 2005-03-12
Subject: Re: The Entire Argument
---P. Minucia Tiberia Q. Caesiliae Metellae S.P.D.

Good to read from you.
My comments below


In Nova-Roma@yahoogroups.com, "Q. Caecilius Metellus"
<postumianus@g...> wrote:
> Metellus Pius Straboni sal.
>
> > You have spent inestimable hours it seems calling everyone else
> > incorrect, without, it would seem, realizing that to compel the
> > Tribunes to another course of action in this is beyond your
> > magisterial ability as Quaestor; it is against their
constitutional
> > right to 'administer the law' and serves no purpose other than
to
> > call attention to the fact that You, Galerius, and as you say
Cordus
> > are in disagreement with the current state of affairs. Unless
the
> > Tribunes have a change of heart, and the majority do not, you
are
> > out of luck.
>
> Last I checked, Senatrix, Quaestores are citizens too, and
therefore have
> every right to stand and attempt to compel a magistrate to follow
a given
> course of action.

Pompeia to Metelle: Within legal means I would certainly agree with
you.

Is it your stance, then, that, once elected to a
> magistracy, a citizen no longer has the right to argue, however
vehemently,
> that another magistrate take a course of action?

Pompeia to Metelle: Yep. But I feel that the state of affairs goes
beyond an 'argument' or a repeatedly voiced objection to the
Tribune's constitutional decision when plans are openly discussed on
the ML to override the majority of Tribunes, who are
constitutionally entitled to administer the law.

Perhaps you missed posts #33955, 33956, 33958 where impeachment
procedings of a magistrate were solicited by a quaestor, (including
that of a Tribune) and said prospective routes to this were
discussed . This, to me, goes beyond voicing objection and well
beyond the appropriate process of lobbying for change in the law.
It is unusual behaviour for Quaestors to openly pursue impeachment
of a Tribune and Saturninus has lawfully been declared a Tribune
still, as per the Tribunes' constitutional right to administer the
law, and that includes interpreting it according to their perception
of the spirit and letter of the NR constitution... It implies that
those seeking impeachment perhaps do not understand the role and
authority given the Tribunes, or it implies inately that they
perhaps indeed understand it, but object to Tribunate policy so
vehmently that they will pursue impeachment proceedings. To me,
this is an attempt at undermining the constitutionally vested
authority of the Tribunes to administer the law.


The tribs have not adopted the literal interpretation of the Lex
Equitia Galeria Ordinari with respect to Saturninus, and those who
object to their decision feel that a literal interpretation should
be adopted (and I've combed the constitution looking for this
article IV amendment which was indeed adopted by the Senate in June
last year and it is not there, unless I have gone blind).
>
> > You may exit stage left (in this post below) in the area of
legally
> > overturning the Tribunes administrative decision. Good. But do
so
> > because this is the correct thing to do. You may blame it
> > on 'cutting' verbage by Po if you wish, this is fine, or you can
> > simply admit that to undermine current tribune consensus...the
> > consensus of Fusce, Bianchus, Albucinus (I won't count
Saturninus
> > here) is UNLAWFUL...even if you think they are as wrong as acid
> > rain.
>
> (amputato)
>
> But not this decision. This one is for the Plebeians to decide.

Pompeia to Metelle: It is a tribune decision. Not a plebian one.
They decided on the Tribunes in December, and have further decided
that Saturninus is still one. And he cannot be impeached
successfully, as I see. He has commited no breach of duty. I would
love to see the argument for that Metelle.
>
> > Pompeia: As I say, I have only so many options with regard to
> > judging the reasons why you had joined Galerius, and to some
extent
> > Cordus.. challenging the tribunes in such a vehment
manner....you
> > are not just challenging the language of the law, you have to
date
> > been challenging legal Tribune authority to interpret and apply
that
> > law as they see appropriate. This month and last month this has
> > been a huge issue. It is either: a misguided effort to change
the
> > laws of the resignation situation, it is for attention-seeking
or
> > publicity for some political reason unknown to me, or it is an
> > attempt to use 'legal' means to illegally usurp the authority of
the
> > Tribunes.
>
> Perhaps, Strabo, the men joined together because they agreed on a
given
> matter? It does happen in life, you know.

Pompeia (or Strabo) to Metelle: Yes. Men do join together for a
common cause, and so do women. Hopefully, more often than not, said
assembly will be for appropriate purpose and action. A chorus of
relentless,perseverant objection to the recent Tribune decision is
the right of any citizen or magistrate, for however long they wish
to indulge in this mission. I recognize that. But openly discussing
the forumation of a plan to impeach a Tribune because you fervently
dislike a Tribunes' majority decision is probably not the most
laudible common cause to engage in....I call it 'undermining the
constitutional right of the Tribunes to administer the law'. I
cannot dismiss it as mere 'discussion'.

"Administer the law"....it is there...see the constitutional
language on the tribunes. It doesn't say they have to be perfect in
the minds of everyone...Last year's Tribunes were not perfect and
made some unpopular decisions, and so the Tribune consensus this
year meets with some objections. This is nothing new. But I don't
remember attempts to impeach the Tribunes last year...actually, you
can't prosecute a sitting magistrate...another fly in the ointment.

Actions speak louder than words, Metelle, and there was discussion
of a plan to override the authority of the Tribunes. Oh, one may
argue that this is their 'right' to express objection and openly
examine 'possibilities' in the name of 'theoretical discussion'
and 'open forums'...whatever..., but one can also grow concerned
that said action challenging the legal right of the tribunes and
goes well beyond what is typically expected from oath-bearing
Quaestors who are equally obligated to observe proper process of law
in advocating and assisting to implement positive change for the
republic.

I am sorry that I meet with some disagreement with you on the issue.
If it weren't for the discussions regarding impeachment, I could
concede that I was jumping to conclusions. Within myself, I do not
believe so, and that is why I felt I had to render some comments
regarding this state of affairs.

Vale


>
> Taceas.
Group: Nova-Roma Message: 34053 From: P. Rutilius Bardulus Hadrianus Date: 2005-03-12
Subject: Re: Fuscus on Gentes and Familiae
Salve!

First of all, excuse me for the delay. I'm very
busy these days and I have not too much free time.


> I don't say it - Sherwin-White says it. If you
> disagree with him, you had better read his book and
> produce evidence to contradict him. But with the
> greatest respect to you, if I have to choose between
> your opinion and the opinion of the scholar who wrote
> the standard work on this subject, I shall tend to
> believe the latter.

[Bardulus] And with the greatest respect to you,
if I have to choose between yours (and your scholars)
and mine, I shall tend to believe the latter.

About the gradual extinction of the ius migrandi since
the fall of the Latin League, see:

- Mommsen: book II, chapter VII, pages 443-445; and
book III, chapter XI, pages 347-351 (Spanish edition).

- Prof. José Manuel Roldán (Universidad Complutense):
"Historia de Roma, vol. I: La República Romana", Madrid,
1999: pages 383 and 460-461.

- Prof. Paul M. Martin (Université de Paul Valery -
Montpellier III): "La tradition sur l'intégration des peuples
vaincus aux origines de Rome et son utilisation politique",
from the acts of the International Meeting on People, Language
and Culture in Europe from the Antiquity to the Humanism, Friul
(Italia), 2000, pages 74-75.

And about the ius sufragi in the Comitia Tributa in a random
tribe for the latini, see:

- Prof. José Guillén (Universidad Pontificia de Salamanca):
"Vrbs Roma, vol. IV: Constitución y desarrollo de la sociedad",
Salamanca, 2000: pages 246-248.

- Prof. María Dolores del Mar Sánchez (Universidad Nacional
de Educación a Distancia): "El proceso jurídico de la
romanización", in "Lecciones de historia del Derecho y de las
instituciones", vol. I, Madrid, 2002: pages 130-132.

So, using your own unkind words, if you desagree with them, you
had better read their books and produce evidence to contradict
them.


> Not so. The praetór peregrínus unilaterally created
> many legal rights for non-citizens throughout the
> second and first centuries B.C.

[Bardulus] The Praetor Peregrinus could only grant
legis actiones under the ius gentium to the foreigners,
not the citizenship itself, unless authorized by law.


> But this is not the
> point. What I am saying is that we are fully within
> the bounds of Roman law. It is true that citizenship
> was not unilaterally granted to other communities, but
> it could have been. The reason it was not done is not
> because it was not possible in Roman law, but because
> the Romans had no great interest in doing it. Well, we
> have an interest in doing it, and so we have done it.
> There's no need for any fiction or fantasy such as you
> are trying to impute. A legal fiction occurs when it
> is decided to deal with a certain situation as if it
> were a different one. We are not treating any
> situation as if it were a different one; we are
> treating it as it really is, and dealing with it in a
> Roman way.

[Bardulus] You're saying "what if Romans...?" and that
is not a historical evidence. You're using your fantasy
in order to make a fiction.


> I understand now what you were *trying* to say, but
> the words you wrote mean something rather different.
> Still, if what you were trying to say was that
> citizenship could only be granted directly or
> indirectly by lex, then we agree.

[Bardulus] English is not my native language, but I think
it was quite clear what I mean. Another question is that
you wanted to understand it or not.


> Yes, they all had imperium, but again you have missed
> the point. There is no reason to say that the populus
> *could not* grant such powers to magistrates without
> imperium, it just happens that, as far as we know, the
> populus did not do so.

[Bardulus] Again you're using the "what if...?" question.
There's no evidence of citizenship granted by a magistrate
without imperium in the Republican period. But if you can
manage a fiction like this, then surely you can manage the
fiction of the former patres, people without imperium but
authorized by law, granting citizenship in Nova Roma, just
like the old system was.


> No, please pay attention to what I am saying. There
> was nothing which prevented foreigners being given the
> jús migrandí unilaterally. We've done so. We haven't
> done so by pretending that we have treaties with
> anyone, or that we've defeated anyone.

[Bardulus] Yes, we are doing it, but Romans didn't, so this
law don't seems being very historical. Is there any historical
evidence of granting the ius migrandi individual and
unilaterally? If you know any, please post.

But, see, we were wrong since Nova Roma has diplomatic relations
with the "Kingdom of Numidia", the "Federation Ark" or the
"Principality of Corvinia" (see the senatusconsulta at the
Tabularium). Perhaps we could grant them the ius latii in
exchange for their alliance, and then all the new citizens
should be at first place citizens of those "countries".


> We've just said
> "anyone can apply for citizenship". What's your
> objection to that?

[Bardulus] As I said in a earlier message, I have no problem
with this law you've written. In fact, I think it's a good
law... for role-playing purposes, of course. You know: marriage
(!), divorce (!!), succession (!!!), and so. All very useful for
an international association, as everybody knows.

But I have objections when somebody is trying to tell me
something that is not true. You (and others) said that this law
is historical, and it's not.


> It was, and is, said that this lex is historical, and
> that is because it is.

[Bardulus] Of course, of course. Then, is this a matter of
faith? Is this a dogma? I'm afraid you're wrong. You wanted
to change the old system, and used the supposed "historicity"
of this law in order to justify the change. That's all.


> It contains a few departures
> from historical practice, that is true. But it is
> almost infinitely more historical than the old system
> or, indeed, any system we could conceive.

[Bardulus] Again wrong. This is as historical as the old
system was, because both systems are based on historical
fictions.


> If you want
> to use the word "historical" to mean "exactly as
> things were done in ancient times in every respect",
> then obviously nothing will ever be historical - we
> cannot walk through the same river twice. But I don't
> think that's a very useful way to use the word
> "historical".

[Bardulus] And what's the useful way to use the term
"historical"? Only the way you want?


> It's interesting that you use the word "province"
> without putting it in quotation-marks. Are they realy
> provinces? Of course not. So why are you happy to use
> that word, when you cannot accept words like
> "sovereignty" or "nation"?

[Bardulus] Because "province" is a mere word referring to the
local administration at the *real* nations level, and has
nothing to do with sovereignty. I remind you that the Anglican
Communion still calls "provinces" to some of its churches, and
the Anglican Communion isn't a State.

But regarding the Nova Roma provinces, you have stated an
interesting point: "Are they really provinces? Of course not".
So you're recognizing that Nova Roma isn't a State, aren't you?


> Yes, but it is an association which regards itself as
> a state. That's one of the basic, non-negotiable facts
> about Nova Róma.

[Bardulus] If we are a sovereign nation, why are we registered
as association in the USA? Why are we registered as associations
in Spain or Italy? We should be asking recognition in the United
Nations, instead.


> As for consulés &c., you haven't
> answered the question. We can have presidents without
> calling them consulés - is that what you'd like? And
> the tribúní plébis aren't mentioned in the articles of
> incorporation at all - shall we abolish them?

[Bardulus] It's a question of names, not of soveraignty.
As an association, we can have the officials we want, and
call them as we want. At least, the Spanish law on associations
allow us to do this.


> It claims to be the state religion, and the collégium
> pontificum has the power to take actions which affect
> non-practitioners. Should we go and tell the
> pontificés that they can't have these powers?

[Bardulus] Since it's enacted a "Blasphemy Decree",
and there's not a full freedom of speech on religious
matters, I have nothing to say in this issue. If you have
a question about the powers of the pontifices, you should
ask the Collegium Pontificium.


> It is extremely pertinent. If you're saying that you
> reject the basic assumption of Nova Róma's
> sovereignty, then clearly you are rejecting not only
> the new system of family law but in fact the
> organization itself. If you are rejecting the
> organization, then I don't understand why you are a
> member of it. If all you want is an organization which
> promotes Roman culture, then it's no wonder that you
> have a problem with the new family-law system!

[Bardulus] It's extremely impertinent, since my reasons to
stay in Nova Roma are *mine*, not yours, unless you became
an inquisitor of the citizens' beliefs about the soveraignty
of Nova Roma. In your last message you suggested that I should
leave Nova Roma since I don't see it as an independent and
soveraign State. Now, you say that I'm rejecting the
organization itself (Heavens! Where did I say such thing?) and
that you can't understand why I'm a member of it. What will be
next? Accusing me of a lesa patriae crime? Corde, this is
enough.



Si vales bene est et gaudeo; ego autem valeo.

P·RVTILIVS·I·F·R·N·CLV·BARDVLVS·HADRIANVS



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Group: Nova-Roma Message: 34054 From: gaiusequitiuscato Date: 2005-03-12
Subject: Fwd: Re: The Vacant Tribunate
G. Equitius Cato P. Minuciae-Tiberiae Straboni salutem dicit.

No, Pompeia Strabo, it is not a matter of my interpretation being
questioned that is "too much". It is a matter of your introduction of
attacks on the *motives* behind the questioning of the tribunes'
wisdom that is unacceptable. You have made a concerted and conscious
effort to disparage not only my interpretation of the law and
Constitution, but my motives for doing so. I have told you this in
private, and as you seem unwilling to listen privately, now in public.

Once again, when you say that the " 'teeth of the entire affair' " is
the "questioning of the authority of the Tribunes to apply these
laws", and once again you have missed the point entirely. I am forced
to believe, since I do not consider you either stupid or ignorant,
that you do so willingly and with a conscious disregard for the actual
question at hand.

The teeth of the affair is the question of what the laws and
Constitution of Nova Roma have to say about the events that have
occurred. I believe that the tribunes have made a mistake. I have
not been shown why, under Nova Roman law, or our Constitution, any
reason why I should think differently.

You seem intent on making my point of view a personal attack on the
tribunes and their authority under Nova Roman law. That is a
terrible, and (some might unkindly suggest) a willfull mistake.

The tribunes have every right to pronounce their interpretation of the
law. I have evey right to question the validity of their
interpretation.

The tribunes do NOT have the right to co-opt anyone into the
tribunate. Oue law, and our Constitution, are explicitly clear on
that point.


I have read every word of the speeches you have made in this Forum; I
have pointed out to you that you seem to be intent on concentrating on
issues which at best are of interest only tangientially.

You continue to avoid answering the direct question, to whit: where,
in Nova Roman law or its Constitution, is there an explicit allowance
for a resigning magistrate to be given the same period of grace that a
resigning citizen is?

Now, I have tried to go beyond the "fail safe" point of this
discussion by offering to the People two possible alternatives by
which our tabularium might be improved in this respect. How do you
respond to them?

Vale,

Cato
Group: Nova-Roma Message: 34056 From: Kristoffer From Date: 2005-03-12
Subject: Re: Lex on magistrate's resignation (Version 2.0)
Salve, Gai Equiti Cato.

Nicely done, Cato. Now we're getting somewhere!

As I prefer the "grace period" to remain in place, I'll only comment
that version of your proposal.

gaiusequitiuscato wrote:
> 'III. If a currently serving magistrate resigns [...]

Well, it's probably functional, but as paragraph II is somewhat broken
(reference to a non-existant paragraph III), why not fix that problem,
neaten up the law a bit and "saving" a paragraph by doing something like:

"Paragraph II of the Lex Cornelia et Maria de civitate eiuranda is
hereby amended to read:

'II. When a citizen resigns citizenship in Nova Roma, the resignation
will not take effect for nine days from the date of the censors being
notified, counting inclusively from the date of the notification.
A. If, during this nundina, the citizen desires to withdraw his or her
resignation and remain a citizen, that citizen may freely do so without
penalty.
B. If a currently serving magistrate resigns from his/her office(s)
and/or his/her citizenship, the above provisions gives that magistrate a
nundina to retract his/her resignation and resume his/her period in office.
C. The citizen can withdraw the resignation by notifying the censores of
his/her desire to withdraw the resignation, by at least the same channel
that he/she used to submit the resignation.'"

Thus getting rid of one extremely long paragraph in favour of a short
one with three sub-paragraphs. I also removed the example used, as it
didn't feel appropriate for the legal text itself.

gaiusequitiuscato wrote:
> Furthermore, the Constitution of Nova Roma is amended [...]

Yes, well...if that's necessary, I think it's better to try to keep the
constitution as generic as possible and without references to specific
leges.

"Furthermore, the Constitution of Nova Roma is amended as follows. The line:

'An office becomes vacant when the magistrate resigns or dies.' (Article
IV, Preface)

is hereby replaced by:

'An office becomes vacant when the magistrate dies or upon a valid
resignation tendered by the magistrate, as defined by law.'"

The specific reference to a nundina replaced by a reference to whatever
law happens to be in place. To avoid future amendments to the same part
of the constitution.

Vale, Titus Octavius Pius.
Group: Nova-Roma Message: 34057 From: gaiusequitiuscato Date: 2005-03-12
Subject: Re: Lex on magistrate's resignation (Version 2.0)
G. Equitius Cato T. Octavio Pio S.P.D.

Salve, Titus Pius

LOL, I guess I can't help being wordy at times <cough>

I very much like the idea of simplifying the lex Cornelia &c. in the
manner you suggest. There is only one small difference I might
suggest. The lex would read as follows:

"The lex Cornelia et Maria &c. is hereby amended by substitution as
follows:

'II. If a citizen resigns citizenship in Nova Roma, the resignation
will not take effect for nine days from the date of the publication of
their resignation, counting inclusively from the date of the
publication of their resignation.
A. If, during this nundina, the citizen desires to withdraw his or her
resignation and remain a citizen, that citizen may freely do so
without penalty.
B. If a currently serving magistrate resigns from his/her office(s)
and/or his/her citizenship, that magistrate is granted the same
nundina to retract his/her resignation and resume his/her period in
office; any office(s) he/she may have held being suspended from
further action until the nundina has passed.
C. The citizen can withdraw the resignation by publication of his/her
desire to withdraw the resignation, by at least the same channel that
he/she used to submit the resignation.'

Furthermore, the Constitution of Nova Roma is amended by substitution
as follows:

'An office becomes vacant when the magistrate dies or upon a valid
resignation tendered by the magistrate, as defined by law.'"

How's that? :-)

Vale bene,

Cato
Group: Nova-Roma Message: 34058 From: Kristoffer From Date: 2005-03-12
Subject: Re: Lex on magistrate's resignation (Version 2.0)
gaiusequitiuscato wrote:
> How's that? :-)

Salve, Gai Equiti Cato.

A matter of taste, mostly; I can live with yours, and it's probably
harder to misinterpret. One detail I noticed now, just legibility:

'II. If a citizen resigns citizenship in Nova Roma, the resignation will
not take effect for nine days from the date of the publication of their
resignation, counting inclusively from the date of the publication of
their resignation.'

Change to:

'II. If a citizen resigns citizenship in Nova Roma, the resignation will
not take effect for nine days from the date of the publication of their
resignation, counting inclusively.'

Just cutting off the last part of the sentence, to keep it short and
avoid unnecessary repetition. Problem present in all three versions
(original, mine and yours) thus far, but I didn't notice it until you
changed the wording enough for the repetition to be blatantly obvious. :)

Vale, Titus Octavius Pius.
Group: Nova-Roma Message: 34059 From: A. Apollonius Cordus Date: 2005-03-12
Subject: Re: Lex on magistrate's resignation
A. Apollonius Cordus omnibus sal.

It might also be a good idea to get rid of the idea
that a resignation (whether of citizenship or of
office), if rescinded within nine days, legally never
happened. In general, unless there's no alternative,
it's better to avoid creating situations in which a
thing can be true in fact but not in law. When we have
people resigning, changing their minds, and then
saying "no, I never resigned, because the law says it
never happened", we create a rather silly situation
which has no benefit.

More straightforward alternatives, if we want to keep
the nine-day period of grace, could be:

- to be effective a resignation must be accepted by
such-and-such an authority, and no resignation will be
accepted until nine days after it is tendered;

or

- resignation takes effect instantly on being
announced, but if the person concerned reconsiders
within nine days he will be allowed to resume his
previous legal status.

Mind you, as I've been saying for a while, the whole
idea of resignation of citizenship is daft and
unhistorical, and it would be far better to say
"citizenship cannot be resigned".

Send instant messages to your online friends http://uk.messenger.yahoo.com
Group: Nova-Roma Message: 34060 From: A. Apollonius Cordus Date: 2005-03-12
Subject: Re: Fuscus on Gentes and Familiae
A. Apollonius Cordus P. Rutilio Bardulo omnibusque
sal.

> First of all, excuse me for the delay. I'm very
> busy these days and I have not too much free time.

Quite all right; I don't think what we're discussing
has any practical importance, so there's no deadline!

> About the gradual extinction of the ius migrandi
> since
> the fall of the Latin League, see:
>
> - Mommsen: book II, chapter VII, pages 443-445; and
> book III, chapter XI, pages 347-351 (Spanish
> edition).

I'll have a look, but remember that Mommsen is out of
date in many respects.

> - Prof. José Manuel Roldán (Universidad
> Complutense):
> "Historia de Roma, vol. I: La República Romana",
> Madrid,
> 1999: pages 383 and 460-461.

I'm not sure whether I'll be able to get hold of this.
The Bodleian library has a lot of books in many
languages, but they are mostly books which deal with
subjects not fully covered by English books. From the
title, this books sounds like a general text-book, so
the Bodleian is unlikely to have bought it.

Perhaps you could, when you have a moment, look at
Prof. Roldan's footnotes and tell me which more
specific books, or primary sources, he cites? I'm more
likely to be able to get hold of those.

> - Prof. Paul M. Martin (Université de Paul Valery -
> Montpellier III): "La tradition sur l'intégration
> des peuples
> vaincus aux origines de Rome et son utilisation
> politique",
> from the acts of the International Meeting on
> People, Language
> and Culture in Europe from the Antiquity to the
> Humanism, Friul
> (Italia), 2000, pages 74-75.

Ah, this sounds like the right sort of thing. I'll
have a look at it.

> And about the ius sufragi in the Comitia Tributa in
> a random
> tribe for the latini, see:

Thanks for those references, but we don't disagree
about the fact that Latins could vote in the comitia
tributa, so I'm not sure what's to be gained by
reading more about it.

> So, using your own unkind words, if you desagree
> with them, you
> had better read their books and produce evidence to
> contradict
> them.

I shall; thank you. I'll tell you when I've read them,
and you tell me when you're read Sherwin-White.

As for unkindness, well, if you think it is unkind to
challenge another person to produce evidence for his
theories, you must think that academics are very
unkind people!

> > Not so. The praetór peregrínus unilaterally
> created
> > many legal rights for non-citizens throughout the
> > second and first centuries B.C.
>
> [Bardulus] The Praetor Peregrinus could only grant
> legis actiones under the ius gentium to the
> foreigners,
> not the citizenship itself, unless authorized by
> law.

Yes, that's true. But you were talking about rights,
not about citizenship ("Rome only conceded rights to
other cities or nations with which there were mutual
relationship").

It might be useful to mark a separation at this point
between the historical argument and what I suppose we
could call the "ideological argument".

***

I shan't reply to your specific points, because they
all say much the same thing, which comes out something
like this (tell me if you think this is an unfair
summary):

You are arguing that Nova Roma is not a state, and
therefore it cannot be historical for Nova Roma to do
any of the things which were done in Roman times only
by states; or, to put it another way, it can only be
historical for Nova Roma to do things which in Roman
times could have been done by private associations.

Is that about right? If so, here is my response:

It is true that, under international law and also in
most practical respects, Nova Roma is not a state.
However, it is a state according to its own laws
(internal rules). All its other laws (internal rules)
are based on that assumption. If you want to call it a
fiction, that is quite all right - it is a legal
fiction, and that in itself is perfectly Roman. Legal
fictions were a staple of Roman law, and formed the
basis for some of the most basic legal institutions of
the republic, including emancipatio, mancipatio, the
punishment of confessi, and so on.

Legal fictions are also essential features of many
modern ideas. Take, for example, that very important
idea of 'one person one vote'. This is based on the
idea that all people are equal. But of course all
people are not equal. Some are taller, some shorter;
some older, some younger; some more intelligent, some
less intelligent. It would be possible, in theory, to
design a system of voting which took account of these
differences; but modern societies quite rightly choose
to ignore these differences and to base their systems
of voting on the legal fiction that all people are
equal.

And then again, the nation-state itself is founded on
a legal fiction. It is founded on the idea that the
actions which a government takes affect only those who
live in that country; and therefore only those who
live in that country should be allowed to choose that
country's government. But again, this is not true:
many governments do things which have profound effects
outside their own countries; and, at the other end of
the spectrum, many governments do things which do not
affect very many people even within their own
countries. This could be dealt with by saying that
French people should be allowed to have some say in
the government of Britain, and vice versa; or, then
again, one might say that the representatives of the
people of Barcelona should not vote on laws which do
not affect the people of Barcelona but do affect the
people of Leon. But this is not how nation-states
work: they are based on a legal fiction.

So you see, there is nothing wrong with legal
fictions. They are in fact extremely necessary in many
ways. Of course, you are entitled to say that you
don't think Nova Roma *should* be based on a legal
fiction that it is a state. But at the moment, it *is*
based on that fiction, which is set out in the
founding documents and in the constitution. So when we
design laws within Nova Roma, we must start from that
fiction and treat it as a truth; just as when the
Iraqi people draft their constitution, they will be
starting from a fiction (that the actions of Iraq's
government do not affect anyone except Iraqis) and
treating it as a truth (unless they are going to allow
Iranians, Israelis, Italians, Americans &c. to vote
for the Iraqi government!).

So, if we accept the legal fiction that Nova Roma is a
state, then we can say that the new system of family
law - with, yes, its rules about marriage, succession,
and the rest - is historical, because it conforms very
closely with what the ancient Roman state did.

If you reject the legal fiction that Nova Roma is a
state, and say that it ought not to behave like a
state, then of course you can say that having laws is
not historical (because only states have laws), that
having a government is not historical (because only
states have governments), that having a state religion
is not historical (because only states have state
religions) and so on.

So I suppose the question is, do you accept the
fiction or not? If you do, then I am not sure on what
basis you question the historical accuracy of the new
system of family law. If you do not, then I am not
sure why you question the historical accuracy *only*
of the new system of family law and not also of
everything else Nova Roma does.

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Group: Nova-Roma Message: 34061 From: Publius Minius Albucius Date: 2005-03-12
Subject: Re: Lex on (magistrate's) resignation
P. Memmius Albucius omnibus s.d.

S.V.G.E.R.

It is a good thing to try to solve the resignation question.

Some observations :

1/ In order to save time, we could start from the Minian draft,
that with some citizens - included Hon. Cordus - we have worked
upon. If some/several of its regulations do not fit, let us put them
aside and let us add interesting clauses or better articles.

2/ There are 2 key questions :

a) distinguish citizenship resignation and office resignation
b) the text will be *obliged* to choose between 2 *opposite*
ways : first to accept a nundinum ; second not to accept it. For
everybody's information, my draft has chosen the first way which
seemed six weeks ago the most accepted ; but the other one, as
backed up for example by Hon. Ti. Galerius Paulinus, is fully
acceptable too. It is just a matter of how we see our involvement.

3/ Even if the magistrates mostly kept silent upon the Minian
projects, it would be helpful to hear them, specially Hon. Consul
Laenas who has yet said his will making a "resignation" proposal.

4/ At last, a point of detail : in this main list, A. Apollonius
Cordus wrote: (..)

> Mind you, as I've been saying for a while, the whole
> idea of resignation of citizenship is daft and
> unhistorical, and it would be far better to say
> "citizenship cannot be resigned".

As I have already written it in this main list, the concept of
citizenship is linked to this of State and international relations.
It means "I, roman State (or other State), control an area in which
I give rights and impose duties on physical persons. This pack of
rights and duties - for it may exist several packs, according the
kind of rights and duties or their list (socii, allies, etc.)- I
call it "citizenship" ".

Our current difficulty is that we are still a *building* state.

Our citizenship is obtained entering Nova Roma organization/
association/society.

Now the question is : "and when we get out ?"

I frankly think that we should keep our current frame of rules and
say that, according our macrodemocracies rules allow us, Nova Roma
is an organization which we may freely enter and leave.

On one hand, I do look after this freedom. For example, Islam
considers you, when you become Muslim, as Muslim for life. Some
people - and I know some - have *suffered* in their lifes when they
wanted to give their life a different orientation.
On a second hand, Nova Roma has a poor interest keeping in its lists
people who are no more active, no more interested in our activities,
and even resentful, feeling "prisoners at life" of our family.

So, if we want to affirm the sovereignty of the State of Nova Roma,
let us say instead that :

a) an individual may leave our organization ;
b) at this time, he automatically looses the rights she/he owned
because of her/his membership, included her/his citizenship.

Thus it would not be a "resignation" anymore (resulting from a will
of this individual), but a forfeiture/loss resulting from a
sovereign decision of our State at the moment we (Censors, main
list, let us see...)would be aware of the leaving (decision).

Valete omnes,

Publius Memmius Albucius
Tribunus Plebis
Group: Nova-Roma Message: 34062 From: Timothy P. Gallagher Date: 2005-03-12
Subject: Re: Lex on magistrate's resignation
Salve Cato

A good start

How about this

"The lex Cornelia et Maria de civitate eiuranda is amended by addition
as follows:

III. If a magistrate resigns from his office or his citizenship, either
separately or concurrently, he shall have vacated his office upon the publication
of his resignation in accordance with Article IV of the Nova Roma Constitution
that states "An office becomes vacant if the magistrate resigns or dies."

The former magistrate is excluded from standing for any elected magistracy within
that same calendar year as his resignation. This would include the offices of
Dictator, Interrex. Censor, Consul, Praetor, Aediles Curules , Aediles Plebis,
Quaestor, and Tribune. The former magistrate may stand for any of the Vigintisexviri
and can be appointed Apparitores.

He may still resume his citizenship in accordance to Section II of
this law (within the nundina allowed); his office, being vacated, will
remain so until the magistrate empowered to do so by law can call for
an election to fill said vacancy as prescribed by law."


Vale

Tiberius Galerius Paulinus

[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34063 From: Timothy P. Gallagher Date: 2005-03-12
Subject: Re: Lex on magistrate's resignation (Version 2.0)
Salve Cato

The first suggestion was better . Regardless of the reasons or how quickly they can come back there needs to be a penalty for resigning your office.

Vale

Tiberius Galerius Paulinus
----- Original Message -----
From: gaiusequitiuscato<mailto:mlcinnyc@...>
To: Nova-Roma@yahoogroups.com<mailto:Nova-Roma@yahoogroups.com>
Sent: Friday, March 11, 2005 10:59 PM
Subject: [Nova-Roma] Re: Lex on magistrate's resignation (Version 2.0)



G. Equitius Cato quirites S.P.D.

Salvete omnes.

Or, for those who wish to see a "grace period" extended to
magistracies as well:

"The lex Cornelia et Maria de civitate eiuranda is amended by addition
as follows:

'III. If a currently serving magistrate resigns from his office or his
citizenship, either separately or concurrently, he will be considered
to have vacated his office upon the publication of his resignation.
He may still resume his citizenship in accordance to Section II of
this law (within the nundina allowed); if he does so, his office,
having been held vacant until the nundina was finished, will be
returned to him as if his resignation had never been published.'

Furthermore, the Constitution of Nova Roma is amended by substitution
as follows:

The line "An office becomes vacant when the magistrate resigns or
dies."(Article IV, Preface) shall be replaced by

"An office becomes immediately vacant if the magistrate dies; upon the
resignation by a magistrate, an office becomes vacant if the nundina
allowed by law passes without the resumption of citizenship."

Valete bene,

Cato, still the Calendar Guy




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[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34064 From: Timothy P. Gallagher Date: 2005-03-12
Subject: Polls?
Salve Romans

At one time any citizen could post a poll using the set up at yahoo but that seems to available to only moderators now. can some one please tell be who the moderators are who can place a poll before the list membership so I can talk to them about a poll.

Vale

Tiberius Galerius Paulinus

[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34065 From: gaiusequitiuscato Date: 2005-03-12
Subject: Re: Polls?
G. Equitius Cato Ti. Galerio Paulino S.P.D.

Salve, Galerius Paulinus.

It just so happens that *I* am a moderator of this List.

Vale bene,

Cato

--- In Nova-Roma@yahoogroups.com, "Timothy P. Gallagher"
<spqr753@m...> wrote:
> Salve Romans
>
> At one time any citizen could post a poll using the set up at yahoo
but that seems to available to only moderators now. can some one
please tell be who the moderators are who can place a poll before the
list membership so I can talk to them about a poll.
>
> Vale
>
> Tiberius Galerius Paulinus
>
> [Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34066 From: gaiusequitiuscato Date: 2005-03-12
Subject: Re: Lex on magistrate's resignation (Version 2.0)
G. Equitius Cato T. Octavio Pio Ti. Galerio Paulino P. Memmio Albucio
quiritibusque S.P.D.

Salvete omnes

You're right. Better to be snipped. So the final product might look
like this:


"The lex Cornelia et Maria &c. is hereby amended by substitution as
follows:

'II. If a citizen resigns citizenship in Nova Roma, the resignation
will not take effect for nine days from the date of the publication of
their resignation, counting inclusively.
A. If, during this nundina, the citizen desires to withdraw his or her
resignation and remain a citizen, that citizen may freely do so
without penalty.
B. If a currently serving magistrate resigns from his/her office(s)
and/or his/her citizenship, that magistrate is granted the same
nundina to retract his/her resignation and resume his/her period in
office; any office(s) he/she may have held being suspended from
further action until the nundina has passed.
C. The citizen can withdraw the resignation by publication of his/her
desire to withdraw the resignation, by at least the same channel that
he/she used to submit the resignation.'

Furthermore, the Constitution of Nova Roma is amended by substitution
as follows:

'An office becomes vacant when the magistrate dies or upon a valid
resignation tendered by the magistrate, as defined by law.'"




I understand Apollonius Cordus' distaste for resignations at all, but
as Memmius Albucius has (I think) pointed out, the idea of "once
you're in, it's for eternity" may be a little uncomfortable for some
people. If someone wants to just drift away they're going to anyway,
and the idea here is to nail down the mechanics surrounding a
magisterial resignation. But Apollonius Cordus is right in that the
language "as if it never occurred/happened" is foolish. Best to leave
it at "without penalty" or something like that (as above).

The only reason I would hesitate to adopt Memmius Albucius' idea of
creating a lex in the way he describes it is simply that it's getting
too complicated. I think it unnecessary to start micro-managing
peoples' resignations. The same goes for my co-gadfly Galerius
Paulinus'; I think it's unnecessary to add a "laundry list" of
offices.

The main idea is to look at the proposed lex and ask, "Does it do
exactly what I want it to do? Can it be misinterpreted? Is it in
accordance with Constitutional principle?" Keep it short, sweet, and
to the point. You cannot cover every possible, conceivable instance,
because as humans we are capable of an infinite number of delightfully
odd behavioral possibilities; but this is preety basic language and, I
think gets the job done.

IF you want to extend the grace period to magistracies.

Valete bene,

Cato
Group: Nova-Roma Message: 34067 From: pompeia_minucia_tiberia Date: 2005-03-12
Subject: Fwd: Re: The Vacant Tribunate
---Salve Equitius Cato Quaestor et Salvete Omnes:

You have begun work on amendments to legislations.

Good!

All I asked for...that you put your ferver into a more productive
use, utilizing the legal means available to you to do so. Pray tell,
why didn't you do this in the first place, as has been suggested to
you, but not just myself, but others?

And with respect to other content of your message below, I think
that you discredit yourself more with your backpeddling, be it
conscious or unconscious, than you do me.

Although you are now drafting new laws, as opposed to voicing and
revoicing objections et al, you'll likely have a hard time proving
that I am fantacizing in regard to what I view as a planned attempt
to override the majority decision of the Tribunes. Using legal means
to achieve that which would be constitutionally illegal....against
the Tribunes' mandated duty to 'administer the law'.

Was it a hallucination that I read discussions of impeachment plans
(did you see my recent post to Metellus?) Did I merely *dream*
about a combing of the Leges Saliciae to facilitate such endeavors?,
and when I read ( I think!) statements from you like in 33975,
that "I for one will not stop until I am shown, legally, why this
act of the tribunes is acceptable"....I am quite comfortable
entertaining the strong possibility that you, with Galerius, plan to
do just a bit more than to merely continue voicing opinions against
the current legal language, Cato.

Why?

Because I have read these discussions from you, Galerius, and to a
lesser extent Cordus in this forum, that's why. You see this as a
fantacy on my part. I see this as far more than merely 'questioning
the Tribune's wisdom' (your words). This is a conscious decision to
attempt to usurp Tribune consensus..to 'undo' what you perceive as
their mistake.

And I am not to discuss this??...

I am not supposed to tell you what I see from what you place before
my eyes in black and white...lest you feel personally 'insulted'.??
Indeed, I have been naughty. How can I see this as
something 'nice'? And when I talk to you about it in past
posts...well then, you do not clarify your position; rather, you
elude this issues, and you accuse me of adhominem attacks.

Do you deny having engaged in this?

Or you are just wanting to pretend that it all of last week was
nothing but theoretical discussion, to which I apparently
overreacted with a litany of unprovoked 'ad hominem' attacks. Cato,
that is almost funny.

But this happens. Cato can elude issues in his discussions with me,
whatever, including the impeachment plans, the relentless 'I will
not stop' stuff, and claim this morning to be the 'damsel in
distress' of adhominem attacks by this Senatrix........and walk away
smelling like a rose... the convoluted dynamics of politics!!!!

Whatever.

I am not out for brownie points (and now, Cato, this is not an
insult). As long as there are are no further overt attempts to
jettison a decision made by a majority of Tribunes in accordance
with their constitutional right to do so, I am content.

Besides, I can buy my own roses:)

I'll look at your legislative proposals after work today.

Pompeia






In Nova-Roma@yahoogroups.com, "gaiusequitiuscato" <mlcinnyc@y...>
wrote:
>
> G. Equitius Cato P. Minuciae-Tiberiae Straboni salutem dicit.
>
> No, Pompeia Strabo, it is not a matter of my interpretation being
> questioned that is "too much". It is a matter of your
introduction of
> attacks on the *motives* behind the questioning of the tribunes'
> wisdom that is unacceptable. You have made a concerted and
conscious
> effort to disparage not only my interpretation of the law and
> Constitution, but my motives for doing so. I have told you this in
> private, and as you seem unwilling to listen privately, now in
public.
>
> Once again, when you say that the " 'teeth of the entire affair' "
is
> the "questioning of the authority of the Tribunes to apply these
> laws", and once again you have missed the point entirely. I am
forced
> to believe, since I do not consider you either stupid or ignorant,
> that you do so willingly and with a conscious disregard for the
actual
> question at hand.
>
> The teeth of the affair is the question of what the laws and
> Constitution of Nova Roma have to say about the events that have
> occurred. I believe that the tribunes have made a mistake. I have
> not been shown why, under Nova Roman law, or our Constitution, any
> reason why I should think differently.
>
> You seem intent on making my point of view a personal attack on the
> tribunes and their authority under Nova Roman law. That is a
> terrible, and (some might unkindly suggest) a willfull mistake.
>
> The tribunes have every right to pronounce their interpretation of
the
> law. I have evey right to question the validity of their
> interpretation.
>
> The tribunes do NOT have the right to co-opt anyone into the
> tribunate. Oue law, and our Constitution, are explicitly clear on
> that point.
>
>
> I have read every word of the speeches you have made in this
Forum; I
> have pointed out to you that you seem to be intent on
concentrating on
> issues which at best are of interest only tangientially.
>
> You continue to avoid answering the direct question, to whit:
where,
> in Nova Roman law or its Constitution, is there an explicit
allowance
> for a resigning magistrate to be given the same period of grace
that a
> resigning citizen is?
>
> Now, I have tried to go beyond the "fail safe" point of this
> discussion by offering to the People two possible alternatives by
> which our tabularium might be improved in this respect. How do you
> respond to them?
>
> Vale,
>
> Cato
Group: Nova-Roma Message: 34068 From: gaiusequitiuscato Date: 2005-03-12
Subject: Fwd: Re: The Vacant Tribunate
G. Equitius Cato P. Minuciae-Tiberiae Straboni salutem dicit.

Salve Pompeia Strabo.

"I think that you discredit yourself more with your backpeddling"

CATO: Backpeddling? huh? Have I missed a connection somewhere?

"I am quite comfortable entertaining the strong possibility that you,
with Galerius, plan to do just a bit more than to merely continue
voicing opinions against the current legal language, Cato."

CATO: Then you have a very vivid imagination. My crack legions
haven't quite figured out how to wield their pilums yet, so it may be
a while before I can march them into the Forum, crushing all
opposition before me and bringing to fruit my Grand Evil Plan to
assume the Principate. Oh --- Galerius Paulinus, didn't I tell you
about that bit? Well, I guess you could take Nova Persia or something
once I --- I mean WE --- conquer it, too.

"This is a conscious decision to attempt to usurp Tribune
consensus..to 'undo' what you perceive as their mistake."

CATO: This is a conscious effort to bring to light what I, and
Galerius, and Cordus et al. feel was a truly erroneous decision on the
part of the tribunes in their interpretation of theConstitution and
any applicable law, senatrix, not an attempt to "usurp" their
"concensus" --- which, by the way, was not a consensus but the
decision of three over one.

"This is a conscious decision to...'undo' what you perceive as
their mistake."

CATO: Yes. By discussion, persuasion, argument, and any other legal
means. I have personally continually appealed to the law, as I did in
post #33975, to which you refer.

"Or you are just wanting to pretend that it all of last week was
nothing but theoretical discussion, to which I apparently
overreacted with a litany of unprovoked 'ad hominem' attacks."

CATO: Precisely. Although we were not "pretend[ing]" it was a
discussion of the legal aspects of this situation. It actually WAS a
discussion of the legal aspects of this situation (and I guess still
is, with the attempts to formulate some kind of law which clarifies
this situation).

"Cato can elude issues in his discussions with me, whatever, including
the impeachment plans, the relentless 'I will not stop' stuff, and
claim this morning to be the 'damsel in distress' of adhominem attacks
by this Senatrix..."

CATO: I'm not exactly sure what this means. I think you mean
"evade", but in any case you are quite wrong. I have realized that
there really is no point in belaboring the tribunes over what I
consider their mistake; the only productive way to proceed is to
actually try to formulate a law covering this type of occurrence. So
while I have not been shown any legal reasoning which would cause me
to believe that the tribunes were correct (I guess that falls under
the "I will not stop" bit), just stamping my foot ain't gonna help. I
know, I know, you all realized this a long time ago. I've told you I
was stubborn.

You Pompeia Strabo did, however, introduce the irrelevant and
unfounded attacks on my motives --- the ad hominem attacks --- and you
were wrong to do so. You are wrong to continue to do so.

Enough. If you wish to continue down this road, please do so in
private with me.

Vale,

Cato
Group: Nova-Roma Message: 34069 From: Maior Date: 2005-03-12
Subject: Re: Lex on magistrate's resignation
-M. Hortensia Maior A. Apollonio Cordo spd;
Corde well said 'resignation of citizenship' is absurd and just
another unecessary layer of bureaucracy.
How is this for the Lex:
1. Citizenship once granted to a civis remains for life.
2. Resignation of a magistracy in writing officially or
unoffically is legally valid from the date of the written
resignation. Elections must be held in a nundium to fill the
vacancy. The resigning magistrate may offer hiself as a candidate
for the vacant post.

I entirely agree that the 'nundium where you resigned but legally
didn't resign' is absolutely terrible.
Why?
The example of Saturninus. He resigned for the nundium, some said he
legally didn't I thought he did. He could not act as a tribune but
what if he did? We had votes during the period...It was a legal
disaster.
Quirites I really ask you to think about a 'resigning magistrate'
who has 9 days to change his mind voting for or against, or vetoing
all kinds of important NR Legislation.

As for amending the Constitution, for a magistrate's nundium grace
period. Why involve ourselves in such a mess? I think this law is
easier and simpler. I do not like difficult laws that no one but
some specialist can understand.

If later for some reason, this law is disliked then all we need to
do is have a tribune propose a new one and vote on it. Easy and
simple.
bene vale in pace deorum
Marca Hortensia Maior

>In general, unless there's no alternative,
> it's better to avoid creating situations in which a
> thing can be true in fact but not in law. When we have
> people resigning, changing their minds, and then
> saying "no, I never resigned, because the law says it
> never happened", we create a rather silly situation
> which has no benefit.
>
> > Mind you, as I've been saying for a while, the whole
> idea of resignation of citizenship is daft and
> unhistorical, and it would be far better to say
> "citizenship cannot be resigned".
>
> Send instant messages to your online friends
http://uk.messenger.yahoo.com
Group: Nova-Roma Message: 34070 From: Maior Date: 2005-03-12
Subject: Re: Polls?
M. Hortensia Maior T. Galerio Paulino spd;
Salve; I am entirely for the idea of the poll if there is not
some historical objection to it. (I rather see it as my canvassing
the plebs).
If historically permissable, I'd be more than happy for the
various ideas for the resignation lex to be put there and then I'll
call the comitia to vote on the one that the majority decide on.
I think it is great to have everyone involved in law-making and
whoever's lex is the one put to the vote will bear the author's name.
optime vale
Marca Hortensia Maior TRP
Group: Nova-Roma Message: 34071 From: QFabiusMaxmi@aol.com Date: 2005-03-12
Subject: Re: Fwd: Re: The Vacant Tribunate
In a message dated 3/11/05 9:40:28 P.M. Pacific Standard Time,
pompeia_minucia_tiberia@... writes:

It started in February with Galerius questioning the existance of
the nundina for magistrates...it evolved to the suggestion that the
Lex Equitia civitate Eiuranda somehow nullified the nundina..
And that's were we got into trouble. The law's intent was rather clear, yet
the verbage inconsistant to a modern lawyer.



.then the Lex Equitia Ordinari was cited as a constitutional means of
overriding the preceding leges, to wit, that a magistracy becomes
vacant in the event of a resignation or death....

Which componded the problem IMO


Then, what I view as the 'teeth' of the entire affair is introduced:
to wit, questioning the authority of the Tribunes to apply these
laws, be they perceived as flawed or not, in the case of Saturninus
in co-opting. I didn't mention this aspect in this post because it
does not apply to a technical discussion of how one lex amends the
other. But I am hardly oblivious to what I think is the most
dangerous element of any objection surrounding the Saturninus case
to date.


The question falls then to which historical precedent are we following?
Because
both are valid based on our expansive time line.

I'd say send this to the Senate and let them debate and decide this. The
Senate has been ill used in
Roman procedure up to now. That is a serious lack in an organization that
prides itself on rule of law.

Q. Fabius Maximus




[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34072 From: Timothy P. Gallagher Date: 2005-03-12
Subject: Re: Polls?
Salve Tribune Marca Hortensia Maior

Thanks for taking the time to discuss these issues I for one appreciate it .

You could go one better and working with the other Tribunes and other magistrate draft a lex that would allow a monthly or bi monthly plebiscite (poll) to be taken of the whole list membership. It could include different versions of laws that magistrates are working on or it might be an ideal submitted by any citizen for inclusion in the poll. It would be stated in the Lex that these are not legally binding but are of an advisory nature.


Just an idea

Vale

Tiberius Galerius Paulinus



----- Original Message -----
From: Maior<mailto:rory12001@...>
To: Nova-Roma@yahoogroups.com<mailto:Nova-Roma@yahoogroups.com>
Sent: Saturday, March 12, 2005 2:57 PM
Subject: [Nova-Roma] Re: Polls?



M. Hortensia Maior T. Galerio Paulino spd;
Salve; I am entirely for the idea of the poll if there is not
some historical objection to it. (I rather see it as my canvassing
the plebs).
If historically permissable, I'd be more than happy for the
various ideas for the resignation lex to be put there and then I'll
call the comitia to vote on the one that the majority decide on.
I think it is great to have everyone involved in law-making and
whoever's lex is the one put to the vote will bear the author's name.
optime vale
Marca Hortensia Maior TRP





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[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34073 From: gaiusequitiuscato Date: 2005-03-12
Subject: Re: Lex on magistrate's resignation
OSD G. Equitius Cato

Salvete omnes

Marca Hortensia, the *only* difficulty I see is that saying
citizenship "remains for life" would then negate banishment, etc., as
punishment in the case of treason, etc. --- you would run afoul of the
lex Salicia poenalis.

I think that simply amending the lex Cornelia et Maria &c. would do
the trick. The version that has been posted, including the nundina
for magistrates, covers the gray time between the announced
resignation and the end of the nundina, whether the final result being
that the citizen does indeed leave or that they withdraw their
resignation.

As a moderator in this Forum, with the permission of my co-moderators,
I will create a STRAW POLL regarding the creation of the lex. It is
not binding in ANY WAY whatsoever, it has NO legal standing under any
circumstances; it will simply be a gauge by which the general feeling
of the People might be looked at. The poll would contain several
possible choices of terms to be contained within the lex, and it would
run for one (1) week. I would also have an announcement posted on the
NR Announce List letting the People know that there was a straw poll
occurring here in the Forum, and would encourage anyone to do the same
on any Lists they might be part of, in an effort to get the largest
possible response from the widest range of citizens.

It is 15.45 New York Time; I will create and post the poll at 15.00 on
SUNDAY, 13 MARCH unless I hear from the other moderators that they do
not wish me to do so. My fellow moderators, please contact me by
private email if you have any concerns or suggestions.

Vale et valete,

Cato

--- In Nova-Roma@yahoogroups.com, "Maior" <rory12001@y...> wrote:
>
> -M. Hortensia Maior A. Apollonio Cordo spd;
> Corde well said 'resignation of citizenship' is absurd and just
> another unecessary layer of bureaucracy.
> How is this for the Lex:
> 1. Citizenship once granted to a civis remains for life.
> 2. Resignation of a magistracy in writing officially or
> unoffically is legally valid from the date of the written
> resignation. Elections must be held in a nundium to fill the
> vacancy. The resigning magistrate may offer hiself as a candidate
> for the vacant post.
Group: Nova-Roma Message: 34074 From: Maior Date: 2005-03-12
Subject: Re: Polls?
-- M. Hortensia Maior Ti. Galerio Paulino spd;
Salve Pauline; thanks for the kind works, that is what I am here
to do, I regard it as my duty to be attentive to the plebs
(patricians included too;-).
The bi-monthly poll just sounds to me like trouble, we'd probably
have every Gaia and Gaius proposing laws because they can.

I thought the poll in this particular situation is helpful as
Albucius's proposed lex was defeated and I don't want to shove my
ideas on everyone & get defeated & start all over again. But I do
want to check that this would be appropriate from the historical pov.

Ideally if a tribune is working on a lex he or she should discuss it
in the forum and be responsive to what the people are thinking. I do
believe this is the historical model. Cordus and I had a long
discussion on Roman political culture. The tribunes talked about law
in the forum, that's how the cives got their political and legal
education. So this is what I am trying to emulate.

Talking, discussing, arguing this is the historical model we are now
recreating. I think it's wonderful. So apart from a poll or too. I'd
like to keep the debate where it should be - right here on the ML
with all the cives participating and all of us learning.
Tribunes are politicians, not judges, as Cordus reminded us. We
are not above the people; we are their voice.
optime vale
Marca Hortensia Maior TRP



a monthly or bi monthly plebiscite (poll) to be taken of the whole
list membership.
Group: Nova-Roma Message: 34076 From: QFabiusMaxmi@aol.com Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
-----Original Message-----
From: A. Apollonius Cordus <a_apollonius_cordus@...>
To: Nova-Roma@yahoogroups.com
Sent: Sat, 12 Mar 2005 12:07:20 +0000 (GMT)
Subject: Re: [Nova-Roma] Lex on magistrate's resignation



A. Apollonius Cordus omnibus sal.

It might also be a good idea to get rid of the idea
that a resignation (whether of citizenship or of
office), if rescinded within nine days, legally never
happened. In general, unless there's no alternative,
it's better to avoid creating situations in which a
thing can be true in fact but not in law. When we have
people resigning, changing their minds, and then
saying "no, I never resigned, because the law says it
never happened", we create a rather silly situation
which has no benefit.

Look, if you can't do the job, say so, get out and let some one do it who can.
Why are we even discussing this? In old NR you quit, you were out!
More straightforward alternatives, if we want to keep
the nine-day period of grace, could be:

I was against the nine day grace period myself. It was passed over my objections You decide you no longer want to be a part
of Nova Roma, why should we want you to stay? By making it easy to get back in, you make resignation easier, not harder.
L. Tiddlepuss: "Oh my life is so hard! I never should should have stood for Consuls dog cleaner...
Wait! I'll resign, and then if things get better in a couple days I'll just come back in."
If you resigned from the Roman legio what happened to you? Giving up your Roman citizenship
should be an antagonizing decision. Not one you do over your morning cornflakes.
Q. Fabius Maximus



[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34077 From: A. Apollonius Cordus Date: 2005-03-13
Subject: Should resignation of citizenship be possible? (WAS: Lex on (magist
A. Apollonius Cordus P. Memmio Albucio C. Equitio
Catoni M. Hortensiae Majori omnibusque sal.

I have to confess that I didn't think my idea of
making citizenship non-resignable would be met with
anything other than instant dismissal, so I didn't
trouble to set it out very clearly; but since you
three, and perhaps others, have done me the kindness
of taking the idea seriously, I realize I had better
explain more clearly how it would work.

I don't suggest that it be made impossible to lose
citizenship. P. Memmius' argument against this is a
good one, and he might indeed have gone further by
pointing out that it might well (I'm not familiar with
U.S. law) be illegal for an organization to make it
impossible for its members to leave, since this would
be in contravention of the freedom of association
(which includes the freedom *not* to associate). C.
Equitius' point that it would stop us using loss of
citizenship as a penalty is equally sound; as is the
third and important point that it was historically
possible to lose citizenship of the Roman republic.

What was not possible, and what I suggest making
impossible now, is causing oneself to lose citizenship
by an act of declaration. If a Roman had said "I
hereby resign my Roman citizenship", it would almost
certainly have had no legal effect.

How, then, did Romans lose their citizenship? Well,
since the official register of citizens was the list
made by the censores at every census, a Roman who
wished to lose his citizenship had to do no more than
fail to appear at the census. And this fits in very
nicely with our current practice: already anyone who
fails to answer the census is struck off the register
of citizens.

Usually the only reason a Roman would wish to lose his
citizenship was in order to take up citizenship
elsewhere. Roman citizenship was originally regarded
as exclusive of citizenship of any other nation, so by
acquiring citizenship in, say, Lavinium, one
automatically lost it at Rome. This is essentially the
inverse of the jus migrandi which P. Rutilius and I
have been discussing.

Obviously we can't apply this historical practice
directly, because Nova Roma does not regard its
citizenship as exclusive of other citizenships; nor do
we all live in the same place so that we can say that
anyone who moves away has ceased to be a citizen. But
people do leave without resigning - they just stop
participating. And then, at the next census, they are
struck off the register. This is almost exactly how it
was done at Rome. All we would have to do is to
legislate to say that no declaration of resignation of
citizenship will have any legal effect: the only ways
to lose citizenship are to fail to answer the census
or to be deprived of it by due process of law.

There was also a historical process by which a Roman
who had been away for some years, for instance as a
prisoner-of-war, and had been struck off the register,
could return and recover his lost citizen status - it
was called postliminium. I haven't read thoroughly on
the subject, so i don't know whether a person who
underwent postliminium was regarded as having never
lost his citizenship or whether he was regarded as
having lost and then regained it, but that should be
easy enough to find out. And all we would have to do
to revive postliminium (and for all I know we may
already do this - Q. Cassius would be the man to tell
us) is to keep the records of all citizens who get
struck off the register so that, should they return,
they can be reinstalled as at the time of their
departure.

I think this is actually pretty close to P. Memmius'
counter-suggestion. As he said, the essential
difference between the historical process and the
current process would be that loss of citizenship
would not be effected by the will of the citizen but
by the decision of the state to stop treating him as a
citizen - the precise mechanism would be the census.
If this idea has support, particularly from the
censores themselves, there might even be time to put
it in place before th next census begins; but if not,
it can wait until its time comes.

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Group: Nova-Roma Message: 34078 From: Timothy P. Gallagher Date: 2005-03-13
Subject: Re: Should resignation of citizenship be possible? (WAS: Lex on (ma
Salve Cordus

Thanks Cordus for sharing your scholarship once again. As I have said before Nova Roma is an education in so many ways. This sound like a simple and Roman way to deal with this issue.

I do believe that if a magistrate resigns there should not be a grace period. Regardless of the reasons a resignation is a repudiation of the pact a person under took, freely, with the voters of Nova Roma.

Vale

Tiberius Galerius Paulinus

[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34079 From: A. Apollonius Cordus Date: 2005-03-13
Subject: Re: Fwd: Re: The Vacant Tribunate
A. Apollonius Cordus Pompejae Minuciae Straboni
omnibusque sal.

I feel I may have tried to make this point to you
before, so I apologize if I'm repeating myself; but it
really is quite an important point, and I hope you'll
take it on board.

There is a crucial difference between defying the
decision of a magistrate (which is usually illegal)
and challenging its correctness or legitimacy (which
is perfectly legal and on no account ought to be
suppressed).

If the tribunes had ordered C. Equitius to do
something and he had refused, then he would have
defied the tribunes and would be legally liable. But
they have not ordered him to do anything. Or, again,
if he had attempted to do something and they had
vetoed it, and if he had then done that thing anyway,
he would indeed have defied them and would be legally
liable. But they have not vetoed any act of his.

They have made a decision and he is criticising it.
More than critising, yes, indeed, he is trying to
persuade them to change their minds. But it is no
crime to try to persuade a magistrate to change his
mind. In fact, if a citizen can't try to persuade a
magistrate to change his mind, what hope is there for
libertas and aequitas in this republic? Do you see my
point?

Now, I think perhaps what you're saying is that Cato
is going even further than persuasion, and that he is
trying to argue that the tribunes' decision itself is
not legitimate - that they have no power to make the
decision they have made. I am not at all convinced
that this is what he is trying to do. He has said that
their decision to regard C. Curius as a tribune does
not have the legal effect of making C. Curius a
tribune if he is not one already. This is absolutely
true, and I have said it also. It is a plain fact that
the tribunes have no power to issue authoritative
interpretations of the law - this they themselves, I
hope, will admit. It is also a plain fact that they
cannot make someone who is not a tribune and tribune,
nor vice versa - and this they have certainly
admitted.

So what is the 'decision' of the tribunes that we're
talking about - the one which you say Cato is defying
or trying illegally to overturn? It is not the
decision to make Saturninus a tribune, because the
tribunes themselves agree that they have no power to
make a tribune. It is not the decision to make it
legal for Saturninus to continue to be tribune,
because the tribunes cannot make something legal or
illegal. It is not the decision to regard Saturninus
as a tribune, because that is merely a decision about
what to think, and nothing Cato can do could possibly
force the tribunes against their will to change what
they think. So what decisions have they actually made?

They have made the decision not to hold a new
election, and not to allow a new election to be held.
This is the decision which Cato is criticising. But is
he trying to overturn or defy it? Well, the simple
fact is that he couldn't overturn or defy it if he
wanted to. The only way to defy a veto against the
holding of an election is to hold an election. So one
of the tribunes could defy such a veto, by holding an
election; the diribitores and the magister aranearius
could defy such a veto by collaborating in the holding
of an election; conceivably the whole populus could
defy such a veto by voting in an election (though
there is no historical precedent in my knowledge of a
tribune vetoing the whole populus!). But one lone
citizen, without the power to hold an election or to
participate in the holding of an election, simply
cannot defy such a veto any more than a goose can
disobey the order "do not recite the Aeneid".

I appreciate, and I'm sure we all do, that you are
concerned that illegal conduct not go unnoticed or
unchecked. That's an excellent thing. I hope you are
now thoroughly reassured that Cato's conduct is not in
the slightest bit illegal, and that in fact it is
entirely compatible with the political freedom which
can only exist when citizens are free to try to
persuade one another - including magistrates - to
change their minds.

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Group: Nova-Roma Message: 34080 From: A. Apollonius Cordus Date: 2005-03-13
Subject: Re: Polls?
A. Apollonius Cordus M. Hortensiae Majori amicae sal.

> Salve; I am entirely for the idea of the poll if
> there is not
> some historical objection to it. (I rather see it as
> my canvassing
> the plebs).

I'm pretty sure informal surveys of opinion must have
gone on quite frequently in the republic. Of course
the traditional way to get a survey of one important
segment of opinion was to consult the senate, as Q.
Maximus has been reminding us; but since the tribunes
in Nova Roma are quite unhistorically prevented from
bringing proposals before the senate, this is rather
difficult for you and your colleagues!

> If historically permissable, I'd be more than
> happy for the
> various ideas for the resignation lex to be put
> there and then I'll
> call the comitia to vote on the one that the
> majority decide on.

This is a little more iffy. There was, to be sure,
nothing in republican law or constitutinal principle
to prevent a magistrate from proposing a measure which
had won a sort of competition, but it was, I think,
taken as read that a magistrate who put forward a
proposal was fully in support of that proposal. It
might be unwise to create a precedent for magistrates
to propose whatever measure is most popular rather
than whatever measure they believe best - after all,
those who elected you did so because they trust your
judgment. So canvassing opinion is a very reasonable
thing, but I suggest that the final decision about
what to propose ought to remain firmly with the
magistrate rather than with the people (who, let us
remember, still have far more power than in modern
democracies).

> I think it is great to have everyone involved in
> law-making and
> whoever's lex is the one put to the vote will bear
> the author's name.

This, again, would probably be best avoided. The rule
in antiquity was that the name on the lex was that of
the proposing magistrate or magistrates, not of the
drafters. This principle is quite similar to the one
which exists in the British cabinet-government model
of parliamentary democracy: the minister must take
responsibility for the actions of his department. If
his civil servants draft him an excellent bill with
virtually no involvement from him, then he takes the
credit; if they are engaged in scandalous corruption
quite without his knowledge, he takes the blame. This
is a very important principle because it stops
politicians passing the buck and it also protects
their subordinates from being stigmatized for
following the instructions of the politician.

I don't think it would be giving away any state
secrets to say that when K. Fabius as consul wanted to
rename his electoral reform proposal the lex Fabia
Julia in recognition of C. Julius' great contribution,
Scaurus firmly declined the honour because of
precisely the Roman principle I've mentioned, that the
name on the bill is the name of the magistrate and no
one else. I think that's the model to follow.

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Group: Nova-Roma Message: 34081 From: A. Apollonius Cordus Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
A. Apollonius Cordus Q. Fabio Maximo omnibusque sal.

> Look, if you can't do the job, say so, get out and
> let some one do it who can.
> Why are we even discussing this? In old NR you
> quit, you were out!

Yes, I quite agree! But my main desire was to make
sure that, if we do have a nine-day period of grace,
at least we should not make a hash of it. Ideally,
let's have no grace period. But if we must have one,
let's have a well-written one.

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Group: Nova-Roma Message: 34082 From: gaiusequitiuscato Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
G. Equitius Cato A. Apollonio Cordo Q. Fabio Maximo Ti. Galerio
Paulino M. Hortensiae Maiori etc. et al. S.P.D.

Salvete omnes

I would offer the following:

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

"LEX _________ DE CIVITATE MAGISTRATUMQUE EIURANDAE [F. Tullia
Scholastica could fix the Latin there :-) ]

I. The lex Cornelia et Maria de civitate eiuranda and the lex Equitia
de Civitate Eiuranda are hereby annulled in their entirety.

II. Citizenship in Nova Roma is considered resigned if, and only if,
a citizen does not respond to a Census of the population held as
prescribed by law.

III. Any citizen who wishes to reclaim their citizenship may do so by
writing to the Censors of Nova Roma expressing their desire to do so.
In accordance with the ancient practice of postliminium, they may
resume their citizenship exactly as if it had never been lost, with
the following guidelines:

A. the Censors' Office will keep a record of all names of
citizens who have been struck from the rolls of citizenship to ensure
that there is no duplication of names possible.

B. no public offices held at the time of resignation shall carry
over to the returning citizen, with the exception of any religious
titles and their corresponding century points as specified by the
Collegium Pontificum.

C. any other titles, honors, effects, or century points shall carry
over to the returning citizen only after they have remained a citizen
for six (6) months after their return. Century points awarded for
longevity shall not include the time during which a citizen did not
appear on the rolls.

D. Senatorial status may be resumed at the discretion of the Censors
collegially.

IV. An elected magistrate may resign their office at any time by
publishing a notice of resignation in the Forum of Nova Roma (the
"Main List"), with the following results:

A. If a magistrate resigns his or her office, that
resignation shall take effect immediately upon publication of that
resignation.

B. The office they held will become vacant immediately upon
publication of their resignation, and shall only be filled by an
election called by the appropriate magistrate as prescribed by law."

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Whattaya think?

Valete,

Cato
Group: Nova-Roma Message: 34083 From: gaiusequitiuscato Date: 2005-03-13
Subject: Withdrawal of Poll
OSD G. Equitius Cato

Salvete omnes!

After hearing several concerns raised regarding the taking of a poll
in this Forum, I have decided to withdraw the suggestion. The single
most important reason I have heard repeatedly is that not everyone
subscribed to this (or almost any Nova Roman List) is required to be a
citizen, and so any poll taken would not necessarily reflect the views
of the citizenship --- precisely why it would have been taken in the
first place. this, among others, has convinced me that taking a poll
would therefore not serve the purpose for which I and others had
intended. I apologize to you all for any disruption this might have
caused.

Valete optime,

Cato
Group: Nova-Roma Message: 34084 From: Timothy P. Gallagher Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
Salve Cato

YES but I would replace annulled with repelled.

Vale

Tiberius Galerius Paulinus

(Secret member of the Neo-Bunnies or is it Neo-Bunny?

And I think I have already forgotten the secret hand shake : )




----- Original Message -----
From: gaiusequitiuscato<mailto:mlcinnyc@...>
To: Nova-Roma@yahoogroups.com<mailto:Nova-Roma@yahoogroups.com>
Sent: Sunday, March 13, 2005 9:36 AM
Subject: [Nova-Roma] Re: Lex on magistrate's resignation



G. Equitius Cato A. Apollonio Cordo Q. Fabio Maximo Ti. Galerio
Paulino M. Hortensiae Maiori etc. et al. S.P.D.

Salvete omnes

I would offer the following:

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

"LEX _________ DE CIVITATE MAGISTRATUMQUE EIURANDAE [F. Tullia
Scholastica could fix the Latin there :-) ]

I. The lex Cornelia et Maria de civitate eiuranda and the lex Equitia
de Civitate Eiuranda are hereby annulled in their entirety.

II. Citizenship in Nova Roma is considered resigned if, and only if,
a citizen does not respond to a Census of the population held as
prescribed by law.

III. Any citizen who wishes to reclaim their citizenship may do so by
writing to the Censors of Nova Roma expressing their desire to do so.
In accordance with the ancient practice of postliminium, they may
resume their citizenship exactly as if it had never been lost, with
the following guidelines:

A. the Censors' Office will keep a record of all names of
citizens who have been struck from the rolls of citizenship to ensure
that there is no duplication of names possible.

B. no public offices held at the time of resignation shall carry
over to the returning citizen, with the exception of any religious
titles and their corresponding century points as specified by the
Collegium Pontificum.

C. any other titles, honors, effects, or century points shall carry
over to the returning citizen only after they have remained a citizen
for six (6) months after their return. Century points awarded for
longevity shall not include the time during which a citizen did not
appear on the rolls.

D. Senatorial status may be resumed at the discretion of the Censors
collegially.

IV. An elected magistrate may resign their office at any time by
publishing a notice of resignation in the Forum of Nova Roma (the
"Main List"), with the following results:

A. If a magistrate resigns his or her office, that
resignation shall take effect immediately upon publication of that
resignation.

B. The office they held will become vacant immediately upon
publication of their resignation, and shall only be filled by an
election called by the appropriate magistrate as prescribed by law."

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Whattaya think?

Valete,

Cato




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[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34085 From: quintuscassiuscalvus Date: 2005-03-13
Subject: Re: Should resignation of citizenship be possible? (WAS: Lex on (ma
--- In Nova-Roma@yahoogroups.com, "A. Apollonius Cordus"
<a_apollonius_cordus@y...> wrote:
> A. Apollonius Cordus P. Memmio Albucio C. Equitio
> Catoni M. Hortensiae Majori omnibusque sal.
<snipped>
> There was also a historical process by which a Roman
> who had been away for some years, for instance as a
> prisoner-of-war, and had been struck off the register,
> could return and recover his lost citizen status - it
> was called postliminium. I haven't read thoroughly on
> the subject, so i don't know whether a person who
> underwent postliminium was regarded as having never
> lost his citizenship or whether he was regarded as
> having lost and then regained it, but that should be
> easy enough to find out. And all we would have to do
> to revive postliminium (and for all I know we may
> already do this - Q. Cassius would be the man to tell
> us) is to keep the records of all citizens who get
> struck off the register so that, should they return,
> they can be reinstalled as at the time of their
> departure.

<snipped>

Salve,

Nova Roma does have a form of postliminium. According to the Lex
Fabia de Censo found at
http://www.novaroma.org/tabularium/leges/2003-05-31-i.html

"VII. If a citizen fails to respond to the contact attempts, that
person will be considered a "Socius" (Ally), but not a citizen. If
he/she is a Pater/Mater Familias, he/she immediately lose this
position and the Censors will abide by the Constitution, any laws,
and any Censorial edict if the appointment of a Pater Familias is
necessary. However, the Censors have the discretion to waive this
clause if both Censors feel there are legitimate reasons for the
citizen to remain incommunicado."

and

"IX. At any time, a Socius may contact the Censores and ask to
regain his/her Citizenship, which will then be granted unless there
are compelling reasons otherwise."

I know of two cases where that has happened last year that I was
personally involved in investigating and resolving. I'm sure there
are a few others that I don't really remember as their cases were
assigned to other scriba.

Vale,

Q. Cassius Calvus
Scriba Censoris adCommunicationes Primus
for Censor Caeso Fabius Quintilianus
Group: Nova-Roma Message: 34086 From: quintuscassiuscalvus Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
--- In Nova-Roma@yahoogroups.com, "gaiusequitiuscato"
<mlcinnyc@y...> wrote:
>
> G. Equitius Cato A. Apollonio Cordo Q. Fabio Maximo Ti. Galerio
> Paulino M. Hortensiae Maiori etc. et al. S.P.D.
>
> Salvete omnes
>
> I would offer the following:

<snipped>

> II. Citizenship in Nova Roma is considered resigned if, and only
if,
> a citizen does not respond to a Census of the population held as
> prescribed by law.
>
> III. Any citizen who wishes to reclaim their citizenship may do
so by
> writing to the Censors of Nova Roma expressing their desire to do
so.
> In accordance with the ancient practice of postliminium, they may
> resume their citizenship exactly as if it had never been lost, with
> the following guidelines:
>
> A. the Censors' Office will keep a record of all names of
> citizens who have been struck from the rolls of citizenship to
ensure
> that there is no duplication of names possible.

<snipped>

> Whattaya think?
>
> Valete,
>
> Cato

Salve,

The Censors already do this in according with the Lex Fabia Censo so
those parts only repeat in different words what is already written
in articles VII and IX of the aforenamed Lex. The only real
difference being the terms "socii" vs. "resigned." Resigned has a
totally different meaning in the database than socii.

Vale,

Q. Cassius Calvus
Group: Nova-Roma Message: 34087 From: gaiusequitiuscato Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
G. Equitius Cato quirites S.P.D.

Salvete omnes.

Galerius Paulinus, as you see I've replaced "annulled" with "repealed"
--- good catch.

Cassius Calvus, thank you for bringing the replication of the ideas
found in the lex Fabio de Censo to our attention. The only reasons I
would leave these sections in the new lex are (A) they do not
contradict anything found in the lex Fabio, (B) I think it helpful to
have resignation dealt with on both levels in one specific place, and
(C) if the lex Fabio is ever repealed, amended, &c., the new lex would
still stand as the law on resignations.


"LEX _________ DE CIVITATE MAGISTRATUMQUE EIURANDAE [F. Tullia
Scholastica could fix the Latin there :-) ]

I. The lex Cornelia et Maria de civitate eiuranda and the lex Equitia
de Civitate Eiuranda are hereby repealed in their entirety [SNIP ---
the rest remains the same]..."

Valete bene,

Cato
Group: Nova-Roma Message: 34088 From: pompeia_minucia_tiberia Date: 2005-03-13
Subject: Fwd: Re: The Vacant Tribunate
---P. Minucia Tiberia A. Apollonio Cordo S.P.D.

I am not sure at one point where I argued that the Tribunes were in
essense 'tribune-making' machines. But you are welcome to believe
that I think that if you wish. I'm also 'pretty sure' that I've
acknowledged the rights to freedom of expression, atleast once or
twice :)

I did argue, and still do, that the Tribunes have the
constitutional right to administer the law, and in so doing, render
an application/interpretation of leges pertinent to this, in a
manner they see as being within the letter and spirit of the
constitution. The Tribunes do not see Saturninus resignation as
valid, and see him as still a Tribune. I do not personally believe
they are 'inventing' a Tribune in Saturninus' situation.

I didn't invent the word 'co-opt' although I have used it in
responses a couple of times, when others have used it in the course
of conversation in this matter. I don't care for the word really,
but that is just 'me'.

Most people can read what I wrote and formulate their own
conclusions, for better or for worse, I'm sure.

And I am sorry the Tribunes' decision offends you to the point where
you took part in discussions regarding impeachment proceedings, as
per Galerius' request, who evidentally is not deliriously happy with
matters either. And why are we still wanting to talk about it...it
is a done deal, and lets move on to see what we can do to atleast
potentially prevent a similar future dilemna, shall we?


Q. Caecilius Metellus Pius wrote a post a couple of days ago, which
pretty much parallels the content of the rest of your post here. It
is message 34034. I in turn responded to his concerns in message
34052. In lieu of repeating myself, I invite you to read my reply
to Metellus.

I don't see a fruitful need to continue this discussion any further,
in light that we are working on new legislation to resolve the
matter in what will likely be a more productive fashion.

Vale


In Nova-Roma@yahoogroups.com, "A. Apollonius Cordus"
<a_apollonius_cordus@y...> wrote:
> A. Apollonius Cordus Pompejae Minuciae Straboni
> omnibusque sal.
>
> I feel I may have tried to make this point to you
> before, so I apologize if I'm repeating myself; but it
> really is quite an important point, and I hope you'll
> take it on board.
>
> There is a crucial difference between defying the
> decision of a magistrate (which is usually illegal)
> and challenging its correctness or legitimacy (which
> is perfectly legal and on no account ought to be
> suppressed).
>
> If the tribunes had ordered C. Equitius to do
> something and he had refused, then he would have
> defied the tribunes and would be legally liable. But
> they have not ordered him to do anything. Or, again,
> if he had attempted to do something and they had
> vetoed it, and if he had then done that thing anyway,
> he would indeed have defied them and would be legally
> liable. But they have not vetoed any act of his.
>
> They have made a decision and he is criticising it.
> More than critising, yes, indeed, he is trying to
> persuade them to change their minds. But it is no
> crime to try to persuade a magistrate to change his
> mind. In fact, if a citizen can't try to persuade a
> magistrate to change his mind, what hope is there for
> libertas and aequitas in this republic? Do you see my
> point?
>
> Now, I think perhaps what you're saying is that Cato
> is going even further than persuasion, and that he is
> trying to argue that the tribunes' decision itself is
> not legitimate - that they have no power to make the
> decision they have made. I am not at all convinced
> that this is what he is trying to do. He has said that
> their decision to regard C. Curius as a tribune does
> not have the legal effect of making C. Curius a
> tribune if he is not one already. This is absolutely
> true, and I have said it also. It is a plain fact that
> the tribunes have no power to issue authoritative
> interpretations of the law - this they themselves, I
> hope, will admit. It is also a plain fact that they
> cannot make someone who is not a tribune and tribune,
> nor vice versa - and this they have certainly
> admitted.
>
> So what is the 'decision' of the tribunes that we're
> talking about - the one which you say Cato is defying
> or trying illegally to overturn? It is not the
> decision to make Saturninus a tribune, because the
> tribunes themselves agree that they have no power to
> make a tribune. It is not the decision to make it
> legal for Saturninus to continue to be tribune,
> because the tribunes cannot make something legal or
> illegal. It is not the decision to regard Saturninus
> as a tribune, because that is merely a decision about
> what to think, and nothing Cato can do could possibly
> force the tribunes against their will to change what
> they think. So what decisions have they actually made?
>
> They have made the decision not to hold a new
> election, and not to allow a new election to be held.
> This is the decision which Cato is criticising. But is
> he trying to overturn or defy it? Well, the simple
> fact is that he couldn't overturn or defy it if he
> wanted to. The only way to defy a veto against the
> holding of an election is to hold an election. So one
> of the tribunes could defy such a veto, by holding an
> election; the diribitores and the magister aranearius
> could defy such a veto by collaborating in the holding
> of an election; conceivably the whole populus could
> defy such a veto by voting in an election (though
> there is no historical precedent in my knowledge of a
> tribune vetoing the whole populus!). But one lone
> citizen, without the power to hold an election or to
> participate in the holding of an election, simply
> cannot defy such a veto any more than a goose can
> disobey the order "do not recite the Aeneid".
>
> I appreciate, and I'm sure we all do, that you are
> concerned that illegal conduct not go unnoticed or
> unchecked. That's an excellent thing. I hope you are
> now thoroughly reassured that Cato's conduct is not in
> the slightest bit illegal, and that in fact it is
> entirely compatible with the political freedom which
> can only exist when citizens are free to try to
> persuade one another - including magistrates - to
> change their minds.
>
> Send instant messages to your online friends
http://uk.messenger.yahoo.com
Group: Nova-Roma Message: 34089 From: Nathan Guiboche Date: 2005-03-13
Subject: Gens Laws
Good Day All

I have been away for quite some time in the service of my Country and I am currently trying to sort out the disposition of the members of my Gens... But I have noticed that there has been changes the responsibilities and authority of the Gens heads... Can someone give me some reference as to these news rules?

Quintus Sertorius (Independent)

[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34090 From: Caeso Fabius Quintilianus Date: 2005-03-13
Subject: Re: Gens Laws
Salve Amice!

I have asked one of my Scriba to answer You. I think he has a "ready"
answer and he is very good at explaining this. You know my English
isn't that clear. ;-)

I hope all is well with You and I hope that life has taken a good
turn. I wish You all the best!

>Good Day All
>
>I have been away for quite some time in the service of my Country
>and I am currently trying to sort out the disposition of the members
>of my Gens... But I have noticed that there has been changes the
>responsibilities and authority of the Gens heads... Can someone
>give me some reference as to these news rules?
>
>Quintus Sertorius (Independent)

--

Vale

Caeso Fabius Quintilianus
Senior Censor, Consularis et Senator
Proconsul Thules
Sodalitas Egressus Beneficarius et Praefectus Provincia Thules
Editor-in-Chief, Publisher and Owner of Roman Times Quartely
Civis Romanus sum
************************************************
Aut inveniam viam aut faciam
"I'll either find a way or make one"
************************************************
Dignitas, Iustitia, Fidelitas et Pietas
Dignity, Justice, Loyalty and Dutifulness
Group: Nova-Roma Message: 34091 From: iulius sabinus Date: 2005-03-13
Subject: Re: Gens Laws
SALVE QUINTUS SERTORIUS !

You can find all in Tabularium - Leges - Lex Equitia de Familia.

VALE,
IVL SABINUS

Nathan Guiboche <nate@...> wrote:
Good Day All

I have been away for quite some time in the service of my Country and I am currently trying to sort out the disposition of the members of my Gens... But I have noticed that there has been changes the responsibilities and authority of the Gens heads... Can someone give me some reference as to these news rules?

Quintus Sertorius (Independent)

[Non-text portions of this message have been removed]


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[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34092 From: Nathan Guiboche Date: 2005-03-13
Subject: Re: Gens Laws
Thank you Sir!!

Your concern for my wellbeing is comforting to say the least! And yes..
Life has shone me of late, witness my availability to NR!.. I too, wish you
all the best Sir. Once again.. Thank you...

Quintus Sertorius (Independent)

----- Original Message -----
From: "Caeso Fabius Quintilianus" <christer.edling@...>
To: <Nova-Roma@yahoogroups.com>
Sent: Sunday, March 13, 2005 5:51 PM
Subject: Re: [Nova-Roma] Gens Laws


>
> Salve Amice!
>
> I have asked one of my Scriba to answer You. I think he has a "ready"
> answer and he is very good at explaining this. You know my English
> isn't that clear. ;-)
>
> I hope all is well with You and I hope that life has taken a good
> turn. I wish You all the best!
>
>>Good Day All
>>
>>I have been away for quite some time in the service of my Country
>>and I am currently trying to sort out the disposition of the members
>>of my Gens... But I have noticed that there has been changes the
>>responsibilities and authority of the Gens heads... Can someone
>>give me some reference as to these news rules?
>>
>>Quintus Sertorius (Independent)
>
> --
>
> Vale
>
> Caeso Fabius Quintilianus
> Senior Censor, Consularis et Senator
> Proconsul Thules
> Sodalitas Egressus Beneficarius et Praefectus Provincia Thules
> Editor-in-Chief, Publisher and Owner of Roman Times Quartely
> Civis Romanus sum
> ************************************************
> Aut inveniam viam aut faciam
> "I'll either find a way or make one"
> ************************************************
> Dignitas, Iustitia, Fidelitas et Pietas
> Dignity, Justice, Loyalty and Dutifulness
>
>
>
>
> Yahoo! Groups Links
>
>
>
>
>
>
>
>
Group: Nova-Roma Message: 34093 From: Nathan Guiboche Date: 2005-03-13
Subject: Re: Gens Laws
Salve Good Sir

I shall study this!! I hope it is not too complex!!! (I feel there will be
no such luck!!)

Quintus Sertorius

----- Original Message -----
From: "iulius sabinus" <iulius_sabinus@...>
To: <Nova-Roma@yahoogroups.com>
Sent: Sunday, March 13, 2005 5:52 PM
Subject: Re: [Nova-Roma] Gens Laws


>
> SALVE QUINTUS SERTORIUS !
>
> You can find all in Tabularium - Leges - Lex Equitia de Familia.
>
> VALE,
> IVL SABINUS
>
> Nathan Guiboche <nate@...> wrote:
> Good Day All
>
> I have been away for quite some time in the service of my Country and I am
> currently trying to sort out the disposition of the members of my Gens...
> But I have noticed that there has been changes the responsibilities and
> authority of the Gens heads... Can someone give me some reference as to
> these news rules?
>
> Quintus Sertorius (Independent)
>
> [Non-text portions of this message have been removed]
>
>
> Yahoo! Groups SponsorADVERTISEMENT
>
>
> ---------------------------------
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>
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>
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> [Non-text portions of this message have been removed]
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>
Group: Nova-Roma Message: 34094 From: quintuscassiuscalvus Date: 2005-03-13
Subject: Re: Gens Laws
--- In Nova-Roma@yahoogroups.com, "Nathan Guiboche" <nate@m...>
wrote:
> Salve Good Sir
>
> I shall study this!! I hope it is not too complex!!! (I feel
there will be
> no such luck!!)
>
> Quintus Sertorius

Salve,

Your gut feeling would be correct. It's complicated and a tad bit
confusing on the first couple of read throughs but after the tenth
or so time reading it in small chunks the "lawyerese" starts to
become a little clearer.

I'm emailing you a much longer explanation that's not in "lawyerese".

Vale,

Q. Cassius Calvus
Group: Nova-Roma Message: 34095 From: quintuscassiuscalvus Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
--- In Nova-Roma@yahoogroups.com, "gaiusequitiuscato"
<mlcinnyc@y...> wrote:
>
> G. Equitius Cato quirites S.P.D.
>
> Salvete omnes.
>
> Galerius Paulinus, as you see I've replaced "annulled"
with "repealed"
> --- good catch.
>
> Cassius Calvus, thank you for bringing the replication of the ideas
> found in the lex Fabio de Censo to our attention. The only
reasons I
> would leave these sections in the new lex are (A) they do not
> contradict anything found in the lex Fabio, (B) I think it helpful
to
> have resignation dealt with on both levels in one specific place,
and
> (C) if the lex Fabio is ever repealed, amended, &c., the new lex
would
> still stand as the law on resignations.

Salve,

There is a difference between "socii" and "resigned" status and this
proposed new Lex would effectively amend the Lex Fabia Censo so
instead of the non-respondents being considered "socii" they would
be considered to have resigned.

This would mean that the Articles of Incorporation would have to be
again be amended with the State of Maine's Secretary of State's
office to amend the amendment to the Articles of Incorporation found
at http://www.novaroma.org/aerarium_saturni/amendment1.pdf
that created the Socii class as they would under the new proposal be
considered no longer socii but having resigned.

Nothing that can't be done with the appropriate filing fee and
filing the paperwork with the Maine Secretary of State's office, but
would it really be worth the hassle?

Vale,

Q. Cassius Calvus
Group: Nova-Roma Message: 34096 From: gaiusequitiuscato Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
G. Equitius Cato Q. Cassio Calvo S.P.D.

Salve Cassius Calvus


> Nothing that can't be done with the appropriate filing fee and
> filing the paperwork with the Maine Secretary of State's office,
but
> would it really be worth the hassle?

I guess it's always easier for someone who doesn't have to actually DO
the paperwork to say "yes", but yes :-)

I honestly do think it is worth the hassle, for this reason:

As stated in the amendment to our incorporation papers, the socii have
virtually the same status as non-citizens anyway --- i.e., they can
post in the Forum (or partake in any "online activities"), as well as
be involved in any other "events" that take place.

I think that there should be a much firmer line between people who are
citizens and people who are not. Now, I realize this may be an
unpopular stance, but my citizenship in Nova Roma, in our res publica,
is something that I have come to cherish deeply. It actually means
something to me, and my friends and family and co-workers all know
about my "Roman thing", and how much I love it. It has become an
integral part of my life. Citizenship should mean a great deal more
than just voting in our elections, which, in essence, is the only
difference now. Which is better, 2000 people who hang around or 200
that want to actually see the res publica grow and work? I'm not
trying to offend anyone or cut people off, but citizenship is a
serious and meaningful thing. I think that should be emphasized.

So, with this in mind, I would then offer the following:

"LEX _________ DE CIVITATE MAGISTRATUMQUE EIURANDAE

I. The lex Cornelia et Maria de civitate eiuranda and the lex Equitia
de Civitate Eiuranda are hereby repealed in their entirety. The lex
Fabia de Censo is hereby amended by the repeal of Articles VII, IX,
and X. [SNIP --- the rest remains the same]..."

The Articles in the lex Fabia de Censo to which I refer are:

"VII. If a citizen fails to respond to the contact attempts, that
person will be considered a "Socius" (Ally), but not a citizen. If
he/she is a Pater/Mater Familias, he/she immediately lose this
position and the Censors will abide by the Constitution, any laws, and
any Censorial edict if the appointment of a Pater Familias is
necessary. However, the Censors have the discretion to waive this
clause if both Censors feel there are legitimate reasons for the
citizen to remain incommunicado.

IX. At any time, a Socius may contact the Censores and ask to regain
his/her Citizenship, which will then be granted unless there are
compelling reasons otherwise.

X. In the Album Civium it shall be clearly indicated whether an
individual is a Civis (citizen) or a Socius."


Everything in the above Articles is dealt with in the new lex ---
except, of course, that the former citizens simply would not be
included in the Album Civium. I mean only to put the focus of our
attention back on citizens rather than worry about anyone else.

Vale bene,

Cato
Group: Nova-Roma Message: 34097 From: QFabiusMaxmi@aol.com Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
In a message dated 3/13/05 6:38:16 A.M. Pacific Standard Time,
mlcinnyc@... writes:

Whattaya think?


It has my vote. It also stops these grandstanding speeches "Because no one
here takes me seriously
I resign all my offices and my citizenship et al et al."

This way a citizen fades away, and we don't have to throw him from tarpan
rock for treason!

Q. Fabius Maximus




[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34098 From: QFabiusMaxmi@aol.com Date: 2005-03-13
Subject: Re: Lex on magistrate's resignation
In a message dated 3/13/05 6:58:11 A.M. Pacific Standard Time,
spqr753@... writes:

And I think I have already forgotten the secret hand shake : )




Yeah but with out that hand shake you can't get in.

Fabius


[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34099 From: STEPHEN GALLAGHER Date: 2005-03-13
Subject: Information Please
Salve Romans

I am updating the information on my spreadsheet on those who have paid their taxes for 2005

Please read this carefully if you have made your taxes anytime From Jan 1 2005 until now as this may pertain to you.

I will be using abbreviations to maintain the privacy of the information I have. THANKS for the INFO

Vale

Tiberius Galerius Paulinus
Consular Quaestor

1. Would MA of AMS who paid on 3/10 please drop me a private note with your NR Name.
2. SF who paid 13.00 on 2/22 I need your NR Name and Province
3. Citizen 1777 or DD I need your NR Name and Province
4. RR who paid on 2/8 13.00 NR Name and Province

macro national names


Province name












[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34100 From: raymond fuentes Date: 2005-03-14
Subject: Re: Information Please
I paid my taxes for 05 but Im still listed as
headcount...wow?
--- spqr753@... <spqr753@...> wrote:
> Salve Romans
>
> I am updating the information on my spreadsheet on
those who have paid their taxes for 2005
>
> Please read this carefully if you have made your
taxes anytime From Jan 1 2005 until now as this may
pertain to you.
>
> I will be using abbreviations to maintain the
privacy of the information I have. THANKS for the INFO
>
> Vale
>
> Tiberius Galerius Paulinus
> Consular Quaestor
>
> 1. Would MA of AMS who paid on 3/10 please drop me a
private note with your NR Name.
> 2. SF who paid 13.00 on 2/22 I need your NR Name
and Province
> 3. Citizen 1777 or DD I need your NR Name and
Province
> 4. RR who paid on 2/8 13.00 NR Name and Province
>
> macro national names
>
>
> Province name
>
>
>
>
>
>
>
>
>
>
>
>
> [Non-text portions of this message have been
removed]
>


S P Q R

Fidelis Ad Mortem.

Marcvs Flavivs Fides
Roman Citizen





__________________________________
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Group: Nova-Roma Message: 34102 From: Marcus Audens Date: 2005-03-14
Subject: "Aquila" -- February Issue, 2005
Ladies and Gentlemen of Nova Roma;

The February issue is now "on the newstands" at

www.novaroma.org/aquila

My apologies for the lateness of this issue. Local; emergencies and power outages from the winter weather combined to make this issue abit problematic. All seems to be well now, and as we speak, the Macvh issue is being put together.

Please enjoy the "Aquila", it is your newsletter, and I welcome any input to the newsletter that you care to make that is not political. Religous articles will be cleared by our Staff Religious Editor.

Respectfully;

Marcus Audens
Group: Nova-Roma Message: 34103 From: gaiuspopilliuslaenas Date: 2005-03-14
Subject: Re: Gens Laws
Salve Quinte Sertori!!!

Good to have you back indeed!

Vale bene,

Gaius Popillius Laenas

-------------------------------------------------
--- In Nova-Roma@yahoogroups.com, "Nathan Guiboche" <nate@m...>
wrote:
> Good Day All
>
> I have been away for quite some time in the service of my Country
and I am currently trying to sort out the disposition of the members
of my Gens... But I have noticed that there has been changes the
responsibilities and authority of the Gens heads... Can someone
give me some reference as to these news rules?
>
> Quintus Sertorius (Independent)
>
> [Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34104 From: Gnaeus Equitius Marinus Date: 2005-03-14
Subject: The status of the socii
Salvete Quirites,

gaiusequitiuscato wrote:

> Citizenship should mean a great deal more
> than just voting in our elections, which, in essence, is the only
> difference now. Which is better, 2000 people who hang around or 200
> that want to actually see the res publica grow and work? I'm not
> trying to offend anyone or cut people off, but citizenship is a
> serious and meaningful thing. I think that should be emphasized.

It is Cato, but not every Nova Roman who takes their citizenship
seriously reads these mailing lists, and not every one of them has any
interest in reading them. There are citizens I only speak with once or
twice a year, at some event. They are proud of their citizenship but
have no interest in the on-line activities of Nova Roma. When they
joined Nova Roma they did so under certain conditions, none of which
required them to participate in the mailing lists, or pay the taxes.
The socii status recognizes this, and accords them a minimal citizenship
status rather than throwing them out.

Valete quirites,

-- Marinus
Group: Nova-Roma Message: 34105 From: gaiusequitiuscato Date: 2005-03-14
Subject: Re: The status of the socii
G. Equitius Cato Gn. Equitio Marino Censore S.P.D.

Salve, Censor

I mean no disrespect whatsoever, but in fact they really *don't* have
any type of citizenship, according to the law. The lex Fabia says
that they are specifically considered an "ally", not a citizen.
Although I can empathize with a desire to keep out of the on-line
stuff to some degree, there must be something which defines
citizenship clearly and definitively if it is to have any worth at all
--- *we* should be putting conditions on *granting* citizenship, not
the other way around. Is there another way we can do this; perhaps
create a *new* system by which non-citizens can be "allies"? This is
perhaps a little more complex than simply writing a resiognation lex,
but I think it will benefit the res publica in the long run if we
consider this.

Vale bene,

Cato


-- In Nova-Roma@yahoogroups.com, Gnaeus Equitius Marinus <gawne@c...>
wrote:
> Salvete Quirites,
>
> gaiusequitiuscato wrote:
>
> > Citizenship should mean a great deal more
> > than just voting in our elections, which, in essence, is the only
> > difference now. Which is better, 2000 people who hang around or 200
> > that want to actually see the res publica grow and work? I'm not
> > trying to offend anyone or cut people off, but citizenship is a
> > serious and meaningful thing. I think that should be emphasized.
>
> It is Cato, but not every Nova Roman who takes their citizenship
> seriously reads these mailing lists, and not every one of them has
any interest in reading them. There are citizens I only speak with
once or twice a year, at some event. They are proud of their
citizenship but have no interest in the on-line activities of Nova
Roma. When they joined Nova Roma they did so under certain
conditions, none of which required them to participate in the mailing
lists, or pay the taxes. The socii status recognizes this, and accords
them a minimal citizenship status rather than throwing them out.
>
> Valete quirites,
>
> -- Marinus
Group: Nova-Roma Message: 34106 From: Timothy P. Gallagher Date: 2005-03-14
Subject: Taxes Paid
Salve Romans

If you have paid your taxes for this year please relax your information will be updated as soon as I have access to the website. I found out this morning that I need to post theses changes and I requested a password to do so from our webmaster. As soon as I get the password I will make the updates.

Your patience is appreciated.

Vale

Tiberius Galerius Paulinus
Consular Quaestor

[Non-text portions of this message have been removed]
Group: Nova-Roma Message: 34107 From: A. Apollonius Cordus Date: 2005-03-14
Subject: Re: Fwd: Re: The Vacant Tribunate
A. Apollonius Cordus Pompejae Minuciae Straboni
omnibusque sal.

> I am not sure at one point where I argued that the
> Tribunes were in
> essense 'tribune-making' machines. But you are
> welcome to believe
> that I think that if you wish....

No, indeed you didn't argue that, and I didn't intend
to suggest that you did. Let me try again to explain
why I brought the point up - it's quite complex, and I
obviously didn't do a very good job of it the first
time.

You were suggesting that C. Equitius has been seeking
to overturn, overrule, or defy a 'decision' of the
tribunes. That is, of course, quite a serious
suggestion, because defying the tribunes is a serious
offence (punished, in the early republic, by
precipitation from the Tarpeian Rock, as you yourself
pointed out). So I wanted to examine whether he had in
fact defied a 'decision' of the tribunes.

You didn't specify exactly what 'decision' you thought
Cato was defying or overruling, so I thought it would
be useful to look at everything which could possibly
be seen as a tribunician decision. The idea was that,
once the exact nature of the decision was clear, it
would be easier to see whether Cato was in fact
defying it.

So one of the possibilities I looked at was that the
tribunes had decided to make C. Curius a tribune, and
that this was the decision which Cato was defying. But
of course, if the tribunes cannot make anyone a
tribune, then they obviously did not decide to make C.
Curius a tribune. So this allowed me to eliminate this
possibility and move on to look for a better one.

That was the sole reason I mentioned the idea. At no
point did I state or even imply that you had suggested
it, as I'm sure anyone who read my message will assure
you.

> ... I'm also 'pretty
> sure' that I've
> acknowledged the rights to freedom of expression,
> atleast once or
> twice :)

Yes, you did. And you quite rightly said that freedom
of expression has its limits. You further suggested
that Cato had transgressed these limits. I was trying
to examine whether he had in fact done that.

> I did argue, and still do, that the Tribunes have
> the
> constitutional right to administer the law, and in
> so doing, render
> an application/interpretation of leges pertinent to
> this, in a
> manner they see as being within the letter and
> spirit of the
> constitution.

On this we entirely agree.

> ... The Tribunes do not see Saturninus
> resignation as
> valid, and see him as still a Tribune. I do not
> personally believe
> they are 'inventing' a Tribune in Saturninus'
> situation.

Indeed not, and, as I mentioned, I never said that you
did so believe.

> I didn't invent the word 'co-opt' although I have
> used it in
> responses a couple of times, when others have used
> it in the course
> of conversation in this matter. I don't care for
> the word really,
> but that is just 'me'.

I certainly never intended to accuse you of inventing
the word 'co-opt'! I could not agree more strongly
with your statement that you did not invent it.

> Most people can read what I wrote and formulate
> their own
> conclusions, for better or for worse, I'm sure.

Yes. I read what you wrote and concluded that you
believe Cato has been trying to defy or overturn a
tribunician decision. If you do believe that, I feel
it quite important to persuade you that your belief is
incorrect.

> And I am sorry the Tribunes' decision offends you to
> the point where
> you took part in discussions regarding impeachment
> proceedings, as
> per Galerius' request, who evidentally is not
> deliriously happy with
> matters either.

No need to be sorry! But you seem to consider that by
replying to Ti. Galerius' question about impeaching
tribunes I was in some way encouraging him to do so.
This is rather odd, given that in my reply I pointed
out that it was virtually impossible to impeach
tribunes. A less encouraging reply I can hardly
imagine! Indeed it was considerably less encouraging
than the reply of C. Julius, who pointed out the
possibility of having a tribune deposed by the
concilium plebis.

> ... And why are we still wanting to talk
> about it...it
> is a done deal, and lets move on to see what we can
> do to atleast
> potentially prevent a similar future dilemna, shall
> we?

I quite agree that there is no point in further
discussing whether Saturninus is or is not a tribune.
That's why I haven't been discussing it recently.

My message to you the other day was on a related but
different subject: whether Cato has been trying to
defy or overturn a decision of the tribunes. You see,
it is my firm opinion that, *regardless* of whether
Saturninus is or is not a tribune, Cato has not been
trying to defy or overturn a decision of the tribunes.
The purpose of my message was to set out the reasoning
behind this opinion.

> Q. Caecilius Metellus Pius wrote a post a couple of
> days ago, which
> pretty much parallels the content of the rest of
> your post here. It
> is message 34034. I in turn responded to his
> concerns in message
> 34052. In lieu of repeating myself, I invite you to
> read my reply
> to Metellus.

Thank you for the references. Your reply to Metellus
seems to be largely concerned with this idea of
impeachment, which you mentioned above. I don't really
see, therefore, how it relates to Cato, who has not
suggested impeaching anyone.

> I don't see a fruitful need to continue this
> discussion any further,
> in light that we are working on new legislation to
> resolve the
> matter in what will likely be a more productive
> fashion.

Well, if that means that you are not going to carry on
accusing other citizens of serious misconduct, then by
all means let's drop the subject.

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