Trb. Albucius Paulino, Athanasio, Calvo aliis omnibusque s.d.
S.V.B.E.E.V.
Please find below a modified version of my edict 58-18 of the 5th
august reporting the last Senate session.
I have corrected some formal errors, like the numbering of the
articles or the number of the voting and non-voting senators. Though
they were in the consular message, attached to my edict, I have re-
included the comments made by Illustri senators : these comments
have technically been dropped off from the edited version. I have at
last taken in consideration the informations given by Censor
Marinus, recently confirmed by the Consuls on my request, on the
resignation of two senators and status of senator Drusus.
Several questions have arisen through the 25 messages posted in the
ML between late 5th and 11th August on my edict of publication. You
will find in a next message in this forum my answer to these
interesting remarks.
Valete omnes,
P. Memmius Albucius
Tribunus Plebis
_____________________________________________________________________
_____________
TRIBUNE P. MEMMIUS ALBUCIUS EDICT (n° 58-18) ON THE REPORT
OF THE RESULT OF THE SENATE SESSION
I, Publius Memmius Albucius, Tribune of the Plebs, by the authority
vested in me by the Constitution and the laws of Nova Roma,
In view of the Constitution of Nova Roma, specially its article
IV.A.7.d ;
In view of Senate sessions reporting Moravia Law Nov.15,
2756 a.u.c. ;
In view of Consul Fr. Apulus Caesar's Edict dated 4 January 2005
convening
the Senate ;
In view of my Edict of 2nd August 2005 (58-17) on the communication
of the Senate session ;
In view of the session of the Senate which began on 24th July 2005
and ended on 30th July 2005, and
whose vote ended on 4th August 2005, 18:00 hours (Rome time);
In view of Consul Fr. Apulus Caesar message (extracts below),
displayed on the Senate list on 4th August 2005 at 18 :04,
proclaiming the results of the Senate vote ;
Considering the need to correct the counting of the votes made by
Illustrus Consul Caesar on items 2 and 3 submitted to the vote,
Edicts :
Article 1 :
The citizens, the People and the plebs of Nova Roma are informed
that the Senate session, duly convened by Consul Fr. Apulus Caesar,
has
ended at 21.00 p.m. (Rome time) on July 2005, 30th its session begun
at 21 :00 p.m. (Rome time) on July 2005, 24th.
The Senate has also ended its vote, which has last from 21.00 hours
(Rome time) on 24th July 2005, ended at 21:00 hours (Rome time) on
30th July 2005.
Article 2 :
Five points were in the agenda of the Senate, detailed in my
previous edict 58-17 (2nd August 2005):
# 1 - APPOINTMENT OF NEW PROPRAETOR OF PROVINCIA AMERICA
MEDIOCCIDENTALIS SUPERIOR
# 2 - REMOVAL OF INTERPRETERS AND LICTORES
# 3 - PERMISSION TO USE THE NOVA ROMAN LOGOS
# 4 - BANK ACCOUNT IN EUROPE
# 5 - LEX IVLIA DE FORO ET MODERATIONE
Article 3 :
The details of the vote communicated by the consular message are the
following :
1/ The quorum has been reached since nineteen (19) senators,
representing 68 % of the senators, have voted.
2/ These 19 senators are the following (in no particular order) :
FAC - Franciscus Apulus Caesar
GPL - G. Popillius Laenas
GEM - Gnaeus Equitius Marinus
CFBQ - Caeso Fabius Buteo Quintilianus
LAF - Lucius Arminius Faustus
LEF - L. Emilia Finnica
PMTS - P. Minucia Tiberia Strabo
JSM - J. Sempronia Magna
GFL - G. Fabia Livia
LSA - L. Sergius Australicus
LECA - Lucius Equitius Cincinnatus Augur
TLF - T Labienus Fortunatus
MMTA - Marcus Minucius-Tiberius Audens
MIP - Marcus Iulius Perusianus
MAM - Marcus Arminius Maior
GMM - Gaius Marius Merullus
QFM - Q. Fabius Maximus
AGG - Antonius Gryllus Graecus
MOG - Marcus Octavius Germanicus
3/ The following are the votes cast by each present and voting
senator, «UR» meaning «UTI ROGAS» (i.e. «yes»), ABS
meaning «abstineo» (i.e. «abstain» ), and ANT meaning «antique»
(i.e. «no»).
On the second item, some senators chose, with the approval of the
presiding consul, to separate their vote between the vote for the
removal of the non-taxpaying interpreters and non-taxpaying lictors.
So you will find, for example, votes like «UR, ANT».
Each vote cast on every item submitted to vote is reported here (so
for example, UR/ABS/UR must be
read as «yes to the first question; abstain on the 2nd; yes on the
third item») :
FAC - UR/UR/UR
Item II
Removal of Lictors and Interpreters
Working for a better law cohordinating the tax-
raising with the annual elections, I think teh law should be applied
and the following gentlemen removed from their own Offices.
Item III
Permission to use the NR logos
I remember to illustrus Agrippa that the permission
by the Senatus would be followed by the approval of the membership in
the Ordo Equester.
GPL - UR/UR/UR
GEM - UR/UR,ABS/UR
CFBQ - UR/UR/UR (proxy to Consul FAC)
Item II
Removal of Lictors and Interpreters
It's quite clear that there was a misenderstood about the vote on
this item. It seems that the law about Assidui et Capite Censi seems
couldn't be applied to the Lictores which must to be judged by the
Conitia Curiata called by the Pontifex Maximus. For this reason I
divided the result of this item in two voices, one official for
interpreters and one un-official for Lictores inviting the Pontifex
Maximus to find a solution as soon as possible.
So, the Interpreters which are members of the Capite Censi at the
end of the current Senatus Consultum, are removed from their Office
with immediate effect.
LAF - UR/UR/UR (proxy to Consul FAC) obs. :
Item II : follow the law.
Item III : I was unable to follow the matter.
LEF - UR/UR/UR
PMTS - UR/ABS,ABS/UR
Item II
Removal of Lictors and Interpreters
i) Dismissal of Lictors:
I do not see where we can do this, and I am sorry that I didn't
think of this sooner, ever having served as one. The Lictors are
appointed by the CP, and I refer you to the constitutional language
III Comitia
A: "The comitia curiata (Assembly of Curaie) shall be made up of 30
lictors curatae, appointed to their positions by the collegium
pontificum. It shall be called or order by the Pontifex Maximus, and
the CP shall set the rules by which the comitia curiata shall
operate internally....."
Do I think Lictors should pay taxes? Certainly. But it is not up to
the Senate to dismiss them, in my view....internal affairs of the
Collegium Pontificium
ii In the removal of Interpreters: Even if not magistrates, they are
Senate appointed. And unless they can be clearly established as
ordinarii, we can't consider their positions null and void due to
nontax payment by any existing law, atleast that I can see. But, I
believe we can as the senate use this criteria despite this, if we
so choose, in judging whether or not to retain their services. I
have no problem with assigning this criteria for interpreters.
****We are being asked to interfere in what I feel is
consitutionally out of our jurisdiction in the matter of lictores,
and moreover, the list presented in this ballot contains both
lictors and interpreters...incidentally two of the lictors according
to the latest report by Tiberius Galerius Paulinus have paid their
taxes since this ballot was constructed.
Since we are dealing with two different matters, one of which I
don't see the Senate being involved in legally, and one I do, I
shall vote
ABSTAIN****
MOG - UR/UR/UR
JSM - UR/UR, ANT/UR
GFL - UR/UR/UR
LSA - UR/UR/UR
Item III
Permission to use the NR logos
I would hope that anyone authorized to sell items under the auspices
of Nova Roma is required to attest to the basic safety of what they
sell there. If this is not so, let us take steps to make it so.
LECA - UR/UR, ANT/UR
Item II
Removal of Lictors and Interpreters
ANTIQVO to the dismissal of the Lictores.
As has been rightly stated that is the under the jurisdiction of the
Comitia Curiata presided over by the Pontifex Maximus and appointed
by the College Pontificum. "III. Comitia A. The comitia curiata
(Assembly of Curiae) shall be made up of thirty lictores curiati
(lictors of the curia), appointed to their position by the collegium
pontificum (college of pontiffs). It shall be called to order by the
Pontifex Maximus, and the collegium pontificum shall set the rules
by which the comitia curiata shall operate internally..."
We haven't addressed the issue of non tax paying Lictores. Who would
think that someone appointed to such an honorable and exclusive
comitia wouldn't support the republic of which it is a part? But
then, we've had many other things happen that make even less sense.
Cincinnatus Augur: VTI ROGAS, to the removal of delinquent
interpreters. Since they are appointed by the Senate we have a
perfect right to dismiss them.
TLF - UR/UR, ABS/UR
Item II
Removal of Lictors and Interpreters
With respect to the interpretes: VTI ROGAS - With respect to
the lictores of the comitia curiata: ABSTINEO
While I see nothing wrong with the Senatus giving its advice in this
matter--after all, that is what the Senatus does--Senatrix Minucia-
Tiberia is quite correct that this body does not have the authority
to dismiss lictores curiatae. That is, indeed, the purview of the
Collegium Pontificum.
MMTA - UR/ABS/ABS
Item II
Removal of Lictors and Interpreters
I abstain from this voter from a hesitatation
brought about by the determination of Senator Tiberia. She has
mentioned some aspects that I had not considered, and until they are
made clearer I will abstain on this matter.
Item III
Permission to use the NR logos
My reasoning here is because of a recent report of
several children being severely burned (3rd degree burns over a
large percentage of thier body) by t-shirts which were made of
wholly or a large portion of synthetic
products.
When the T-shirts burned these products melted into the burned
areas, and caused a signifiicant increase in the burn severity.
Since I do not wish my name or my organizations linked with such
dangerous practices in regard to children, I will abstain my vote
until such time I I find out what kind of material these t-shirts
are being made of.
MIP - UR/UR/UR
MAM - UR/UR/UR
GMM - UR/UR/UR
QFM - UR/ANT/UR
Item II
Removal of Lictors and Interpreters
The information as given at the start of the Contio
is now incorrect. Several of the mentioned names have paid their
taxes according to the latest
released information. Untile the statisics are updated we cannot
vote using incorrect information.
AGG - UR/UR, ANT/UR
Article 4 :
Since the Senate is composed by twenty eight (28) senators, it
appears that nine (9) senators,
representing 32% of the senators, did not take part in the vote.
These senators are the following ones :
CFD - C. Flavius Diocletianus
MCI - Marcus Cassius Iulianus
LCSF - Lucius Cornelius Sulla Felix
DIPI - Decius Iunius Palladius Invictus
LSD - Lucius Sicinius Drusus
GSA - Gnaeus Salvius Astur
MCS - Manius Constantinus Serapio
PC - Patricia Cassia
ATMC - Appius Tullius Marcellus Cato
Article 5 :
The results of the vote of the Senate are the following :
# 1 - APPOINTMENT OF NEW PROPRAETOR OF PROVINCIA AMERICA
MEDIOCCIDENTALIS SUPERIOR
Passed UR : 19 votes
ANT : 0 votes
ABS : 0 votes
# 2 - REMOVAL OF INTERPRETERS AND LICTORS
Though the question was presented as a whole to the
senators, six (6) of them cast two different votes, concerning the
interpreters on one hand, and the lictors on the other.
From the moment that we consider these split votes as admissible,
which the presiding consul did, we have the following results :
2.1. Removal of interpreters (« approve the removal of the
following
Interpreters and Lictores »):
Passed UR : 16 votes
ANT : 1 vote
ABS : 2 votes
2.2. Removal of lictors (« approve the removal of the following
Interpreters and Lictores » ):
Passed UR : 11 votes
ANT : 4 votes
ABS : 4 votes
# 3 - PERMISSION TO USE THE NOVA ROMAN LOGOS
Passed UR : 18 votes
ANT : 0 votes
ABS : 1 vote
Article 6 :
The complexity of the question on the removal of interpreters and
lictors calls for some commentary.
As Consul Caesar said in his message below, « (..) there was a
misunderstand[ing] about the vote on this item. ». During the
debate, some senators argued that the non-taxpaying lictors could
only be dismissed by the assembly that originally designated them.
The reason put forward by Ill. Consul Caesar was article III.C of
lex Vedia de assidui et capiti censi (20th May 2003), which says
that « No member of the capiti censi may run for or hold office as
one of the ordinarii (including the apparitores), nor be appointed
to or hold office as provincial governor».
The first difficulty which appears is that neither lex Vedia, nor
any other law, specifies the way this article must be applied. This
text sets an interdiction, but does not say what to do if citizens
capite censi -i.e. who have not paid their taxes - run for or hold
office.
Consul Caesar has considered, with a not so a bad reason, that these
people should be dismissed. For it seems contrary to the basic roman
virtues that people who claim to represent Nova Roma do not, as
other citizens, set the example of contributing to the budget of our
Res publica.
Illustrus Caesar initially considered that the dismissal could be
carried out by the Senate.
Concerning the Interpreters, he was fully right, for the « simple »
interpreters whose office has been created by lex Cornelia de
linguis publicis as the « latinists », whose status has been
detailed by lex Arminia de fovenda lingua latina, are designated and
dismissed by the Senate.
The case of the lictors was more complicated. Some senators
underlined the fact that the lictors are designated by the comitia
curiata and cannot be dismissed by another constitutional power.
This argument sounds wise, concerning the *curiati* lictors,
specially if we recall that the constitution specifies, in its
article III.A., that « The comitia curiata (Assembly of Curiae)
shall be made up of thirty lictores curiati (lictors of the curia)
[..] and the collegium pontificum shall set the rules by which the
comitia curiata shall operate internally. ».
The problem here is that another article of the same constitution,
the article IV.A.9., places the lictors and the curiati lictors
among the apparitors : « Apparitores (Attendants). Collectively, the
apparitores shall not be considered magistrates, but rather shall be
appointed into various decuriae (corporations) to fulfill those
necessary functions as shall be assigned to them by law enacted by
one of the comitia. They shall include the lictores, lictores
curiati, scribae, and accensi. ».
And, we have seen that lex Vedia also concerns apparitors (see
above).
So how to solve this double contradiction : on one hand lictors are
members of one of the assemblies of Nova Roma ; on the other hand,
they are designated as ordinary non-magisterial officers. Second, as
members of an assembly they are not required to obey any rule
defined by a simple (non constitutional) law, nor are they required
to obey a law that has not been defined by the comitia curiata
itself ; at the same time, lex Vedia says that they must not occupy
their lictorial office if they do not pay the annual taxes ?
The Senate has touched upon the difficulty and Consul Caesar decided
(cf message below) that the vote would be « unofficial for lictores
inviting the Pontifex Maximus to find a solution as soon as
possible.».
What seems clear is that first the primacy of the constitution on
the law, then the fact that article III of this text must prevails
over the article IV.A.9 because the constitution sets an *assembly*
which is reputed to represent the People of Nova Roma, leading us to
conclude that *in law*, lictors are not subject to lex Vedia.
Beyond this interesting senatorial debate, we see therefore that we
will have to solve, one day or another some of the contradictions
which are included in our Constitution.
At last remains the « moral » question : is it normal that some of
the members of the comitia curiata do not pay taxes ? This Honorable
assembly is the only one which may answer this question, in
conscience.
Article 7 :
The appropriate magistrates of Nova Roma and their departments are
responsible, as far as each one is concerned, for executing this
edict,
which replaces the edict 58-18 published the 5th August 2005, and
which will be published in the Tabularium of Nova Roma.
Issued in Caen, city of the Viducasses, France,
this fifth day of August, 2005 C.E. (Nonas Sextiles 2758),
during the consulate of Fr. Apulus Caesar and Ga. Popillius Laenas
Extract of the consular message 4th August 18:04 rome time
(..)
# 1 - APPOINTMENT OF NEW PROPRAETOR OF PROVINCIA AMERICA
MEDIOCCIDENTALIS SUPERIOR
> Given the resignation of the Propraetor Q. Servilius Priscus
> Fidenas, Salvia Sempronia Graccha presents her candidacy for the
> Propraetorship of America Medioccidentalis Superior:
>
> <<Thank you for considering my candidacy for propraetrix of
Provincia
> America Medioccidentalis Superior. I have been working on behalf of
> Propraetor Q. Servilius Priscus Fidenas for some months now, first
> as
> scriba and then as legata, with the understanding that this was
> essentially
> an apprenticeship for the propraetorship. Now that he wishes to
> effect
> his retirement, I feel that I am reasonably well prepared to take
on
> the job. I hope that I will be able to contribute to the growth of
> the
> province.
> We will be having our first local meeting this Thursday. I
> am about
> one-third done with the provincial census work. I have been
> advising a
> very enthusiastic newbie concerning her name. I have plans to
> increase
> the level of active involvement of our cives and to increase the
> number
> of cives.
> I hope that you will consider these things when making your
> decision.
> If you would like further information, please don't hesitate to
> ask.>>
(..)
+ + + + +
# 2 - REMOVAL OF INTERPRETERS AND LICTORES
> The following Interpreters and Lictores are counted as members of
> the Cepite Censi. As ordered by the Lex Vedia de Assidui et Capiti
> Censi, they should be removed from their own Offices. However the
> Costitution defines them as no Magistrates. So I address this
matter
> and the decision to remove them to the body entitled to elect them,
> the Senatus.
> The Senatus is called to approve the removal of the following
> Interpreters and Lictores:
>
> - Titus Arminius Genialis
> - Marcus Cornelius Felix
> - Lucius Cornelius Sulla Felix
> - Petrus Domitianus Artorinus Longinus
> - Lucius Fabius Metellus
> - Helena Galeria Aureliana
> - Marcus Martianus Gangalius
> - Lucius Sicinius Drusus
FAC - VTI ROGAS: working for a better law cohordinating the tax-
raising with the annual elections, I think teh law should be applied
and the following gentlemen removed from their own Offices.
GPL - VTI ROGAS
MOG - VTI ROGAS
MIP - VTI ROGAS
PM-TS - ABSTINEO
LAF - VTI ROGAS, follow the law.
ECF - VTI ROGAS
JSM - VTI ROGAS for interpreters and ANTIQvO for lictores
CFL - VTI ROGAS
MMTA - ABSTINEO: I abstain from this voter from a hesitatation
brought about by the determination of Senator Tiberia. She has
mentioned some aspects that I had not considered, and until they are
made clearer I will abstain on this matter.
TLF - With respect to the interpretes: VTI ROGAS - With respect to
the lictores of the comitia curiata: ABSTINEO
While I see nothing wrong with the Senatus giving its advice in this
matter--after all, that is what the Senatus does--Senatrix Minucia-
Tiberia is quite correct that this body does not have the authority
to dismiss lictores curiatae. That is, indeed, the purview of the
Collegium Pontificum.
LSA - VTI ROGAS
MAM - VTI ROGAS
AGG - Interpretes: VTI ROGAS - Lictores: ANTIQVO
LECA - Cincinnatus Augur: ANTIQVO to the dismissal of the Lictores.
As has been rightly stated that is the under the jurisdiction of the
Comitia Curiata presided over by the Pontifex Maximus and appointed
by the College Pontificum. "III. Comitia A. The comitia curiata
(Assembly of Curiae) shall be made up of thirty lictores curiati
(lictors of the curia), appointed to their position by the collegium
pontificum (college of pontiffs). It shall be called to order by the
Pontifex Maximus, and the collegium pontificum shall set the rules
by which the comitia curiata shall operate internally..."
We haven't addressed the issue of non tax paying Lictores. Who would
think that someone appointed to such an honorable and exclusive
comitia wouldn't support the republic of which it is a part? But
then, we've had many other things happen that make even less sense.
Cincinnatus Augur: VTI ROGAS, to the removal of delinquent
interpreters. Since they are appointed by the Senate we have a
perfect right to dismiss them.
QFM - ANTIQVO: The information as given at the start of the Contio
is now incorrect. Several of the mentioned names have paid their
taxes according to the latest
released information. Untile the statisics are updated we cannot
vote using incorrect information.
GEM - VTI ROGAS with respect to the Interpreters and ABSTINEO with
respect to the Lictores
GMM - VTI ROGAS
CFBQ - VTI ROGAS
It's quite clear that there was a misenderstood about the vote on
this item. It seems that the law about Assidui et Capite Censi seems
couldn't be applied to the Lictores which must to be judged by the
Conitia Curiata called by the Pontifex Maximus. For this reason I
divided the result of this item in two voices, one official for
interpreters and one un-official for Lictores inviting the Pontifex
Maximus to find a solution as soon as possible.
So, the Interpreters which are members of the Capite Censi at the
end of the current Senatus Consultum, are removed from their Office
with immediate effect.
(..)
+ + + + +
> # 3 - PERMISSION TO USE THE NOVA ROMAN LOGOS
> Gaius Vipsanius Agrippa ask to the Senatus the approval to use the
> official logos of Nova Roma for his new e-commerce. The following
is
> the official request:
>
> <<My name is Gaius Vipsanius Agrippa and I am officially requesting
> permission
> to use the 'SPQR and laurel wreath' logo design on
> crested/silk-screened
> apparell. The first products available will be t-shirts, baseball
> caps,
> sweatshirts, hoodies, and toques. If there is a demand, I will
> branch
> out
> into other apparell items. The logo would be used on the front of
> the
> product with 'novaroma.org' on the sleeves of the shirts and on the
> back of
> the caps and toques. Most likely, the shirts will retail for $US 15
> with
> the caps and toques at similar prices. The sweatshirts and hoodies
> will
> probably retail for about $US 35 or 40. The prices will depend on
> volume
> and suppliers. I have a supplier in the works and the products will
> be
> available in about 3 weeks after I have recieved permission from
the
> Senate
> to use the logo. If you have any questions about my proposal,
> please
> feel
> free to email me.
>
> Thank you for your time,
> Gaius Vipsanius Agrippa>>
FAC - VTI ROGAS: I remember to illustrus Agripps that the permission
by the Sneatus would be followed by the approval of the membership in
the Ordo Equester.
GPL - VTI ROGAS
MOG - VTI ROGAS
MIP - VTI ROGAS
PM-TS - VTI ROGAS
LAF - ABSTINEO, I was unable to follow the matter.
ECF - VTI ROGAS
JSM - VTI ROGAS
CFL - VTI ROGAS
MMTA - ABSTINEO: My reasoning here is because of a recent report of
several children being
severely burned (3rd degree burns over a large percentage of thier
body) by
t-shirts which were made of wholly or a large portion of synthetic
products.
When the T-shirts burned these products melted into the burned
areas, and caused
a signifiicant increase in the burn severity. Since I do not wish my
name or my
organizations linked with such dangerous practices in regard to
children, I will
abstain my vote until such time I I find out what kind of material
these
t-shirts are being made of.
TLF - VTI ROGAS
LSA - VTI ROGAS: I would hope that anyone authorized to sell items
under the
auspices of Nova Roma is required to attest to the basic safety of
what
they sell there. If this is not so, let us take steps to make it so.
MAM - VTI ROGAS
AGG - VTI ROGAS
LECA - VTI ROGAS
QFM - VTI ROGAS
GEM - VTI ROGAS
GMM - VTI ROGAS
CFBQ - VTI ROGAS
(..)