Liviae, Corneli omnibusque s.d.
A short information - non-official for we are in a NP dies ! -, for I see that the formula has been published in our Forum and that questions arise on the list of assidui out of which the name of the judge will be finally chosen.
In Metellus vs. Maior, an agreement occurred quick between the parties and the praetura on the name of the sole judge, i.e. Hon. Sabinus.
Here, taking in consideration the tense context in which the petitio has been examined, I have watched that the parties may act in the frame of the strict letter of leges Saliciae, so that none of them, for any reason, may claim that the Law has not been respected.
Let us the parties name their possible objections, quietly, and the proceedings go on. I am sure that the name of the iudex which will get out of this process will be a respected and honored one, by both parties and the praetura as well by our whole citizenry.
I will not intervene any more in the frame of this public Forum, on this open case, after the present intervention. The documents which will be allowed for publication will be communicated in our Tribunalis list, which is reserved to NR cives, or in NovaRoma Annouce, for the main ones. I suggest that every interesting civis may consult these lists, specially the first one.
Naturally, this Forum remains the place where, in the frame of NR laws, every citizen is free to express publicly on this judicial dispute and issue opinions and feelings, even if they are not necessary legally based, or not that shared by other cives. :-)
Valete ambo et omnes,
Albucius cos.
--- In Nova-Roma@yahoogroups.com, "L. Livia Plauta" <livia.plauta@...> wrote:
>
> Salve Sulla,
> and so what? If you have noticed, the parts can refuse a judge, and I'm sure
> I'm not to Cato's' liking.
> But it is WRONG to put a reccommendation like that in a formula, even if
> eventually the judge might not follow it. It constitutes a serious breach of
> the neutrality of the magistrate who leads the procedure, and an attempt to
> unduly influence the court.
>
> Vale,
> Livia
>
> ----- Original Message -----
> From: "Robert" <robert.woolwine@>
> To: <Nova-Roma@yahoogroups.com>
> Sent: Wednesday, October 13, 2010 4:47 AM
> Subject: [Nova-Roma] Re: [NovaRoma-Announce] Judicial action GEC vs. MMPH -
> formula
>
>
> Ave!
>
> Obviously someone just ASSUMES than actually reads the post!
> Because if they read the post, Livia, you would see that YOU are listed as
> one of the Iudices!
>
> ___
> Considering that the drawing of lots by the Praetor, from the updated list
> of assidui cives (see the attached file below) and on ten drawings, of the
> name of the sole judge, gave the following results, in the alphabetical
> order of the nomines :
> - Apollonius Cordus A.
> - Arminius Maior A.
> - Fabius Montanus Op.
> - Iulia Severa S.
> - Livia Plauta G.
> - Lucretius Agricola M.
> - Marcius Crispus G.
> - Petronius Dexter G.
> - Rutilia Enodaria V.
> - Ullerius Venator P.
> ____
>
> There is no additional clarification beyond the 10 names yet. Let the
> Consul run the process per the Lex Salicia instead of bitching before the
> process even starts. But at this point I do think Livia Plauta's name
> should be striken as it is proven she is hopelessly biased.
>
> Vale,
>
> Sulla
>
>
>
> --- In Nova-Roma@yahoogroups.com, "L. Livia Plauta" <livia.plauta@>
> wrote:
> >
> > Salvete omnes,
> > this is incredible! Not only consul Albucius would like to repeat the
> > irregularity of having only one judge, but he would like to determine in
> > advance how the trial will proceed and its outcome!
> > If one has the patience to scroll almost to the end of the endless drudge
> > below, one finds the following paragraphs, where once again the consuls
> > presumes to "recommend" to the judge how to emit the sentence.
> >
> > "Conclusio formulae (recommendation to the tribunal)
> >
> > I, P. Memmius Albucius, consul acting pro praetoribus,
> >
> > article 7 : recommend the Tribunal, in view of the above considerations
> > and
> > after a further examination of the available or provided evidences, to
> > declare :
> >
> > Equitius' claim as well-founded in its second mean ;
> >
> > the reus guilty, according Lex Salicia poenalis § 16, of falsum, both in
> > the
> > convening and in the ruling of the Comitia curiata called by him to order
> > on
> > July 27, 2763 auc ;
> >
> > M. Moravius Piscinus Horatianus, as a consequence, condemned, and to
> > inflict
> > him :
> >
> > a declaratio publica containing at least a few words of excuse to the
> > actor,
> > to the curiate lictors and to all Nova Roma citizens, and the full
> > reproduction of the tribunal sentence, in the Forum romanum, in
> > NovaRoma-Announce@yahoogroups.com, in the religious colleges' lists, in
> > NRComitiaCuriata@yahoogroups.com and in the Senate's lists ;
> >
> > and an inhabilitatio to ran and hold any civil or religious office or
> > magistracy, included the senator dignitas, except provincial and local
> > ones,
> > from the publication of the tribunal sentence by the Praetura until Kal.
> > Ian. 2765 auc."
> >
> > Will the people of Nova Roma allow another farce trial to be held, with
> > the
> > purpose of eliminating a political opponent?
> >
> > If so, I wish that all the people who didn't protest at the time of
> > Hortensia's trial, and who allow this to go on will experience, at least
> > once in their life and on a macronational level, a justice system like the
> > one envisaged by Albucius, but on the receiving end.
> >
> > Valete,
> > L. Livia Plauta
> >
> >
> >
> > ----- Original Message -----
> > From: "Publius Memmius Albucius" <albucius_aoe@>
> > To: "Marcus Moravius Horatius Piscinus" <mhoratius@>; "Gaius Equitius
> > Cato" <mlcinnyc@>
> > Cc: <novaroma-announce@yahoogroups.com>
> > Sent: Tuesday, October 12, 2010 9:13 PM
> > Subject: [NovaRoma-Announce] Judicial action GEC vs. MMPH - formula
> >
> >
> >
> > Actori Reique s.d.
> >
> > You will find below my formula in the action whose you are part of.
> >
> > Please do not forget to send me back before Oct 18, 6 pm Rome time, your
> > possible objections to the names that you do not want to keep as the sole
> > judge of the tribunal. You are not obliged to motivate your objection.
> >
> > Good reception and valete ambo,
> >
> >
> > Albucius cos.
> >
> > ---------------------------------------------------------------
> >
> >
> >
> > Praetorian formula on the claim laid by G. Equitius Cato vs. M. Moravius
> > Piscinus Horatianus
> >
> >
> >
> >
> > In view of the Constitution of Nova Roma, of leges Saliciae, iudicaria
> > (2755
> > auc) et poenalis (2756 auc), and of Nova Roma customs;
> >
> >
> > In view of:
> >
> >
> > the petitio actionis laid by G. Equitius Cato towards me vs. M. Moravius
> > Piscinus Horatianus ;
> >
> > my decision, as consul acting pro praetoribus, to accept on a.d. III Kal.
> > Oct.. (Sept. 29th) Equitius' claim ;
> >
> >
> > the same decision informing the parties that the present praetorian
> > formula
> > would be prepared at worst no later than a.d. IV Idus Octobres ;
> >
> > the letters sent by M. Moravius Piscinus Horatianus, the first one on a.d.
> > III Kal. Oct. 2763 and addressed to the consuls, censors and tribunes, and
> > the second one to Cos. Memmius on a.d. V Nonas Oct. 2763 auc ;
> >
> > the veto thrown by Consul Fabius Buteo a.d. IV nonas Oct. 2763, so two
> > days
> > after the end of the legal delay of 72 hours ;
> >
> >
> > Considering that G. Equitius Cato actor sent no letter to the Praetura in
> > addition of his claim in the present case ;
> >
> >
> > Considering, on the letters received from Moravius reus, that the first
> > one,
> > as sent to the consuls, censors and tribunes, is not therefore to be
> > examined as a request addressed, inside a judicial case, from one of the
> > concerned parties to the instructing praetura, but as a letter sent by a
> > citizen or a public officer to the quoted high magistrates. As such, the
> > letter of a.d. III Kal. Oct. 2763 is not to be added to the documents of
> > the
> > present case and, specially, as a document which should be taken in
> > consideration before the issuing of the present formula ;
> >
> >
> > Considering, on the contrary, that Moravius' letter of a.d. V Nonas Oct.
> > 2763, addressed to the sole consul Memmius, may be seen as a document in
> > which the reus expresses observations and requests in the frame of the
> > present case ;
> >
> >
> > Considering that it is therefore necessary, before examining in the
> > "demonstratio" whether the arguments laid by the actor may be received or
> > not, and after having reminded the factual context of the present claim,
> > to
> > take in due consideration the observations and requests brought by the
> > reus
> > in this letter ;
> >
> >
> > I, P. Memmius Albucius, consul acting pro praetoribus, issue the following
> > statements and decisions :
> >
> >
> >
> >
> > I. Reminder of the factual context of the claim
> >
> >
> > The actor's claim is relative to the episod occurred in last July when
> > Consul Fabius Buteo and four tribunes issued on July 17th a joint call of
> > the Senate, vetoed on 18th by the consul maior, and that, during the
> > session
> > that Cos. Fabius Buteo nevertheless held, an amendment was introduced by
> > him
> > on July 23th in order the Senate appoints a dictator. A majority vote,
> > during this meeting that the consul maior refused to attend, approved the
> > appointment as dictator of Gn. Equitius Marinus and the present reus then
> > Pontifex Maximus, convened, after the end (July 25) of the senatorial
> > meeting, the Comitia curiata on 29th, so that its curiate lictors may vote
> > the grant of the imperium to Gn. Equitius Marinus. This citizen refrained
> > taking his oath of office and, after having consulted a lawyer who
> > informed
> > him that the legal category of dictatorship was illegal under NR
> > incorporated Law, declared on Aug. 12th his intention not to accept the
> > position of dictator.
> >
> >
> > The actor's claim concerns more specially the reus' acts around the
> > Comitia
> > curiata : its call to order on July 29th, but also its contio.
> >
> >
> >
> >
> > II. The actor's claim ('intentio)'
> >
> >
> >
> > The actor, G. Equitius Cato, affirms that M. Moravius Piscinus (reus) has
> > committed a FALSUM, as defined in the Lex Salicia poenalis, [hereafter the
> > whole actor's claim in italics ; the quotings in smaller fonts] "on the
> > following claim and grounds:
> >
> >
> > 1/ He has called the comitia curiata to witness the appointment of a
> > dictator despite the fact that no such appointment has been made:
> >
> > "M. Moravius Piscinus Pontifex Maximus Lictoribus omnibus s. p. d.
> >
> > All Lictores curiati of Nova Roma are to assemble for the Comitia Curiata
> > beginning at 00.00 hours CET Roma (18.00 hrs EST) on IV Kal. Sext. (29
> > July)
> > in order to invest Gnaeus Equitius Marinus, Censoirus et Magister Populi
> > designatus, with imperium for the office of dictator."
> >
> > to which Gn. Equitius Marinus himself wrote:
> >
> > "I am NOT taking any oath of office until such time as the full Senate
> > shall
> > be properly called by both Consuls to vote on the question. (Reading that
> > last sentence, I should also make clear that I require a proper majority
> > vote of the Senate before I will take office.)...Please ask the Consuls to
> > provide us all with a properly called session of the Senate to address the
> > question that hangs over us all."
> >
> >
> > 2/ He has attempted to force members of the comitia curiata to break the
> > law
> > and make themselves liable to charges under Nova Roman law, and he has
> > illegally attempted to "dismiss" at least one lictor for refusing to break
> > the law per his direct instructions.
> >
> > The comitia curiata is given the authority "To invest elected and
> > appointed
> > magistrates with Imperium..." (Const. N.R. III.A.1)
> >
> > As Marinus censorius has been neither elected nor appointed, the lictors
> > cannot be compelled to break the law by investing him with imperium yet
> > Piscinus has threatened the lictors openly - and even attempted to
> > unilaterally "dismiss" one already:
> >
> > "You have received your instructions as have all other Lictores curiati.
> > My
> > instructions were that if you disagreed with the decision of the Senate
> > that
> > you should remain silent. As you have done otherwise ... you are dismissed
> > from the Comitia Curiata and your appointment as a Lictor shall be
> > reviewed
> > by the Collegium Pontificum at its next session."
> >
> >
> >
> > 3/ By threatening the comitia curiata - and carrying through on his threat
> > to act against any who disobeyed his instructions - Moravius Piscinus has
> > knowingly and intentionally provided false or misleading information to
> > other persons or bodies (the supposed appointment of Gn. Equitius Marinus
> > to
> > the dictatorship to the comitia curiata and, by extension, the whole
> > citizenry of the Respublica) in such a way as to incite the lictors to
> > perform an action detrimental to their interests (breaking their oath to
> > uphold the Constitution, which empowers them to invest *only* appointed or
> > elected magistrates with imperium).
> >
> >
> >
> >
> > 4/ Moravius Piscinus refused to accept the recommendation issued by Consul
> > Memmius on a.d. V Idus Quintiles (see below) and assumed the
> > responsibility
> > of his acts, making his interpretation prevail on the one expressed
> > clearly
> > by the consul maior, which is supposed to be the legal one, specially when
> > it is not contested in the constitutional ways."""
> >
> >
> >
> >
> > If the actor's claim concerns more specially the reus' acts during the
> > convening phase of the Comitia curiata called by him on July 29th, but
> > also,
> > its contio phase, it shall be noted that the actor does not contest the
> > legality of the acts made by the reus as such, but considers that the reus
> > committed a falsum both in the convening phase of the Comitia curiata and
> > during its contio.
> >
> >
> >
> >
> > III. Qualification of the type (certa or incerta) of the actor's intentio
> > (claim)
> >
> >
> >
> > According lex Salicia iudicaria V.B and C., defining the type (certa or
> > incerta) of the actor's claim (intentio) is required by the fact that, in
> > case of already well-proven facts ('certa' situation), there is no need
> > for
> > the Praetor to analyze the facts put forward by the actor's claim in the
> > 'demonstratio' ;
> >
> >
> > Considering that the demonstratio remains however necessary to assess
> > whether the facts, even obvious and well proven, are punished or not by
> > Nova
> > Roma Law as a penal infraction ;
> >
> >
> > I, P. Memmius Albucius, consul acting pro praetoribus,
> >
> >
> > article 1 : state that :
> >
> >
> > the facts of the present case are, in their majority, public and thus well
> > proven ;
> >
> > however a few facts may receive, without prejudice, additional evidence
> > information during the instruction and the trial phase of the present case
> > ;
> >
> > it is necessary to analyze, in the demonstratio below, if the reus' acts,
> > considered by the actor as "falsum" ones, well enters this legal category,
> > and if the "falsum" is in itself a penal infraction ;
> >
> > therefore the actor's claim shall be qualified, under Nova Roma Law, as an
> > 'intentio incerta'.
> >
> >
> >
> > IV. Preliminary examination of the observations laid by the reus on a.d. V
> > Nonas Oct. 2763
> >
> >
> > The reus sent the Praetor, on last Oct. 3rd (a.d. Nonas Oct. 2763), a few
> > observations and requests (see below this attached letter), which may be
> > organized in two main means. The first mean will group the reus' second
> > point and the objections raised by the reus first on the congruence of the
> > admissibility of the actor's claim ('1st point') and, second ('4th
> > point'),
> > on the ability of Cos. Memmius, acting pro praetoribus, to examine the
> > present claim. The second mean will concern the other points brought by
> > the
> > reus, which just provide informational elements.
> >
> >
> > A. On the reus' first mean
> >
> >
> > In the first sub-point of this mean, the reus considers that [his
> > considered act] "was a legal action by the Senate and the Pontifex Maximus
> > is obligated under the law to convene the Comitia Curiata. Therefore the
> > claim of the petitio is false and the actio is incongruent with the law."
> > ;
> >
> > Considering that :
> >
> > - the fact to know whether the "claim (..) is false" will be examined in
> > the
> > demonstratio below ;
> >
> > - the reus does not make an appropriate interpretation of the leges
> > Saliciae, which in effect do not take in consideration whether the initial
> > context of an action is legal or not, nor if the reus was obliged to
> > perform
> > an action, but requires that the praetor examines whether, according the
> > arguments raised by the actor, there are enough elements, for a reasonable
> > observer, to consider, at this step and before any formula or sentence,
> > that
> > infractions may have been committed on the occasion of the actions at
> > stake
> > ;
> >
> > - therefore and in addition, the reus does not bring any argument to
> > demonstrate that the Praetor has made, when stating the congruence of the
> > actor's claim, a patent error in interpreting Nova Roma's Law, and
> > specially
> > the leges Saliciae.
> >
> >
> >
> >
> > For these reasons, I, P. Memmius Albucius, consul acting pro praetoribus,
> >
> >
> > article 1 : reject the implicit appeal laid by M. Moravius Piscinus
> > Horatianus in order that the declaration of congruence of G. Equitius
> > Cato's
> > claim be reexamined and cancelled.
> >
> >
> >
> > On the second sub-point of this mean, the reus considers that Consul
> > Memmius
> > acting pro praetoribus
> > "accepted this petitio for political reasons" and makes a direct relation
> > between Memmius' political position, as consul, towards the religious
> > colleges and his admissibility, as praetor, of the present claim, in order
> > "to prosecute me as the spokeperson for the Collegia under these false
> > claims." As a consequence, claims the reus, the consul acting pro
> > praetoribus should "recluse [himself] completely from these proceedings.
> >
> > Considering on this sub-point that :
> >
> > - the reus, having not being able to demonstrate that the claim was
> > "incongruent", cannot expect that any praetor accepts not applying the
> > Law,
> > and here not receiving the claim, just because of the political context
> > and
> > the role played on the political scene by the reus ;
> >
> > - the relations existing between the consul maior, the tribunal, the reus
> > and the actor on this political scene are indifferent from the moment that
> > Nova Roma Law is, inside the judicial proceedings, respected ;
> >
> > - the claim was laid by an actor, citizen of Nova Roma, not by the praetor
> > on behalf of the State ;
> >
> > - the facts and actions at stake in the present case occurred at a time
> > when
> > Cos. Memmius was already assuming the praetura, and every citizen would
> > have
> > reasonably understood then that every claim laid afterwards would, with
> > some
> > probability and specially after that the designation by the Senate of the
> > elected suffect praetors proposed by Cos. Memmius had been vetoed by Cos.
> > Fabius Buteo, go on entering his propraetorian competency ;
> >
> > - the decision taken, in the full respect of Nova Roma Law, by the consul
> > maior to assume the interim of the Praetura was taken last June in order
> > to
> > guarantee, after the resignation of both praetrices, the normal working of
> > Nova Roma institutions. As such decision has not been contested legally at
> > this time, it goes on producing all its legal effects until suffect or new
> > praetors enter legally in office ;
> >
> > - last, the reus' request would have, if accepted, deprived the actor of
> > his
> > constitutional right to address a Nova Roma tribunal and cannot be
> > supported.
> >
> > For these reasons, I, P. Memmius Albucius, consul acting pro praetoribus,
> > article 2 : reject the request laid by M. Moravius Piscinus Horatianus in
> > order that the consul acting pro praetoribus
> > recluse himself from these proceedings.
> >
> >
> > B. On the reus' second mean
> >
> >
> > As a second mean, and grouping the other arguments brought by the reus, it
> > shall be stated that these arguments are either informative or that, as
> > they
> > concern the matter of the case, they shall be examined in the demonstratio
> > below. As such, they do not require any examination in the frame of the
> > present paragraph.
> >
> >
> > For all these reasons, I, P. Memmius Albucius, consul acting pro
> > praetoribus,
> >
> >
> > article 3 : having not accepted all the objecting observations and
> > requests
> > laid by the reus in his letter of a.d. Nonas Oct. 2763, state that the
> > current proceedings shall go on.
> >
> >
> > V. Demonstratio (discussion on the factual and legal validity of the
> > arguments brought by the actor, and the objections raised on the matter by
> > the reus in his letter Oct. 3rd, 2763)
> >
> >
> > Considering that :
> >
> >
> > the infraction of FALSUM is reached when a citizen has « knowingly and
> > intentionally to provide false or misleading information to other persons
> > or
> > bodies in such a way as to hinder them in the fulfillment of their legal
> > duties, to induce them to part with any property or surrender any right
> > which is theirs, or to incite them to perform an action detrimental to
> > their
> > interests. This includes (but is not limited to) intentional lies in front
> > of a legal Novoroman tribunalis and knowingly providing false information
> > to
> > a Novaroman magistrate. » (lex Salicia poenalis, 16) ;
> >
> > it is necessary, in order to examine the arguments laid by the parties, to
> > check whether every element that composes the falsum, as defined by lex
> > Salicia poenalis, is found in the reus' acts evoked by the actor in his
> > claim.
> >
> >
> >
> > I. On the objections raised on the matter by the reus in his letter of
> > a.d.
> > V Nonas Oct. 2763
> >
> >
> > Considering the first argument laid by the reus on the matter is that the
> > convening the Comitia curiata [on July 29th] was a legal obligation for
> > him,
> > and that, therefore, he cannot be reproached to have fulfilled his legal
> > obligations and should be therefore exempt of prosecution ;
> >
> >
> > Considering in effect that :
> >
> >
> > every public official of Nova Roma has, from the moment (s)he enters
> > her/his
> > office after having taken his oath, the legal obligation to fulfill the
> > constitutional and legal duties that Nova Roma law gives him/her ;
> >
> > the reus, then as pontifex maximus, chairing ex officio the Comitia
> > curiata,
> > was to apply every legal decision taken by an electoral assembly in charge
> > of the designation of a magistrate cum imperio and, therefore, to call to
> > order the Comitia curiata ;
> >
> >
> > Considering however that :
> >
> >
> > the condition of the validity of this constitutional obligation is that
> > the
> > concerned electoral assembly - here the Senate - has been constitutionally
> > convened, and that its session been held on constitutional bases ;
> >
> > such an obligation does not thus exist from the moment a violation of the
> > Constitution has been committed. A fortiori, such situation not only
> > allows
> > a pontifex maximus not to implement a unconstitutional decision, but
> > entrusts this officer with the double obligation first not to add any
> > further element which might worsen the concerned violation, but also to do
> > all what he can, in his/her duties, to limit it or, at best, to have it
> > stopped ;
> >
> > in the present situation, if the reus, pontifex maximus, could not stop
> > alone the violation of the Constitution committed by the citizens who did
> > not respect the consular veto, had the legal and moral duty to try to
> > limit
> > its effects, for example either in abstaining to convene the Comitia
> > curiata
> > until the settlement of the situation, or in providing the curiate lictors
> > the best and most neutral information so that the Comitia may decide to
> > postpone its meeting, or the lictors to express freely and in full
> > knowledge
> > and conscience ;
> >
> > any other consideration, for example on the number of the votes obtained
> > during the unconstitutional Senate meeting, or the fact that the Senate or
> > the Tribunes of the Plebs would be authorized to violate, for their
> > profit,
> > the Constitution, is irrelevant : the respect of the Constitution of Nova
> > Roma is an obligation for every constitutional Power, whatever its
> > composition or dignitas, and a basic condition of the existence and good
> > working of a Roman State, as Nova Roma's one. Apart the conditions it set
> > for its modification, the Constitution does not allow any Power to modify
> > it
> > at its own profit and to infringe the powers and rights of other
> > magistracies, assemblies or institutions.
> >
> > in the present case, the reus, major official of Nova Roma, himself a
> > senator and a previous consul, did not ignore that the concerned session
> > "appointing" Gn. Equitius Marinus as "dictator" has been legally vetoed,
> > on
> > July 18th so the day after its call, by the consul maior which, in
> > addition,
> > reminded his position by a message to the senators on July 24th. The reus,
> > whose interventions in the Senate during the unconstitutional meeting and
> > in
> > addition was addressed these both communications, which have been
> > published
> > in every relevant public NR fora, was well aware of their contents and of
> > the consul maior's legal reading of NR Law. The reus was thus well aware
> > and
> > conscious that all the decisions taken by the Senate during the
> > unconstitutional meeting of 17-25 July would be considered by the consul
> > and
> > by every concerned citizen, as void and with no legal force ;
> >
> >
> > it was therefore much risky for him first to convene the Comitia curiata,
> > second, if he decided to do it, not to send Its members a due information
> > on
> > the situation and that the called session of the Comitia, if it were
> > finally
> > to be held, could probably be considered, by any lictor, as any citizen
> > outside, as a void one, as the application act as a void senatorial act ;
> >
> > such an information could, at least, and with no moral damage, have been
> > made first in the convocation, beside the agenda proposed by the reus to
> > the
> > curiate lictors and, once the session open, inside the comitia by himself
> > ;
> > at best at this step, the reus should have informed the Comitia, once its
> > session open, that he had no other solution than to close it in the
> > expectation of further informations from the consuls ;
> >
> > in the present case, the reus chose to convene the Comitia curiata and to
> > maintain its session. His successive declarations during the curiate
> > contio
> > (see for example the letter attached below of July 7) shows that he has
> > watched, in the concerned period, keeping the Comitia and its lictors
> > under
> > a close control and refusing them any autonomy out of the limits allowed
> > by
> > the religious institutions which he was at the time, the coordinator. The
> > letter by which the reus "dismissed" illegally lictor C. Tullius
> > Valerianus
> > on Kal. Aug. 2763 (see the attached below) confirms this intention : the
> > reus has tried to keep, from the convening of the Comitia until its end,
> > the
> > closest control on It and its members.
> >
> >
> > As a corollary, the reus could not pretend, if he ever did, that while he
> > cared keeping such close control on the comitia and its members, he would
> > not have been responsible of his acts, specially of the convening itself
> > and
> > of the way the information of the curiate lictors was done ;
> >
> >
> >
> >
> > Considering, last, that the matter at stake, as defined by the means
> > raised
> > by the actor, is not only about the call to order of the comitia, but
> > whether the reus has, while first calling to order the comitia on last
> > July
> > 29, second organizing and presiding its session, third stating and
> > witnessing its results, « knowingly and intentionally [provided] false or
> > misleading information to other persons or bodies in such a way as to
> > hinder
> > them in the fulfillment of their legal duties, [induced] them to part with
> > any property or surrender any right which is theirs, or [incited] them to
> > perform an action detrimental to their interests." ;
> >
> >
> > Considering therefore that, for the above reasons, the first argument
> > brought here by the reus cannot be accepted ;
> >
> >
> >
> >
> > Considering the second and complementary argument laid by the reus,
> > according which, "under the Lex Salicia de poenalis 6.1.3 any act by a
> > constitutional official done in the performance of his duties is excluded
> > from prosecution.", it shall first be noted that Lex Salicia de poenalis
> > 6.1.3 does not evoke the precise situation of "a constitutional official"
> > but just sets that "No act shall be punished when any of the following
> > conditions apply: (..) The reus acted in compliance with a legal duty."
> >
> >
> > Considering that this point has been examined just above, and that the
> > "legal duty" - more exactly the constitutional duty of the reus, in the
> > circumstances at stake, was at best to refrain convening the comitia
> > curiata, and at worst to duly inform the members of the comitia of the
> > doubts raised around the session of the senate and to postpone the holding
> > of the curiate comitial session.
> >
> >
> > Considering therefore that the second argument brought here by the reus
> > cannot be accepted either.
> >
> >
> >
> >
> > For these reasons, I, P. Memmius Albucius, consul acting pro praetoribus,
> >
> >
> > article 4 : having not accepted the objections laid on the matter of the
> > case by the reus in his letter of a.d. Nonas Oct. 2763, state that the
> > current proceedings shall go on and that the arguments brought by the
> > actor
> > must be examined.
> >
> >
> > II. On the means raised by the actor
> >
> >
> > Considering that the arguments of the actor may be organized in two major
> > means, concerning :
> >
> >
> > first the falsum that the reus would have committed when he convened the
> > Comitia curiata (actor's 1st point) ;
> >
> > second the falsum that would have been committed during the session of the
> > Comitia curiata (actor's point 2 and 3).
> > The last and 4th point raised by the actor will be treated, by the
> > Praetor,
> > in a transversal way through both first and second means, in order to
> > confirm whether the reus had the knowledge and intentions to commit the
> > infraction reproached by the actor and, if yes, to draw from such a
> > statement which would be his responsibility.
> >
> >
> >
> >
> > 1/ On the first mean laid by the actor, according which M. Moravius would
> > have committed a falsum when and because he has "called the comitia
> > curiata
> > to witness the appointment of a dictator despite the fact that no such
> > appointment has been made".
> >
> >
> > Considering that :
> >
> >
> > the calling to order of a comitia cannot be in itself a falsum even if, as
> > stated above, M. Moravius Piscinus, acting then as pontifex maximus,
> > clearly
> > and publicly decided not to take in account the veto thrown by the consul
> > maior and did not fulfill the constitutional duty which should have
> > brought
> > him to refrain performing any act that might have worsened the situation
> > and
> > the violation of the Constitution stated by the consul maior ;
> >
> > taking this decision convening the Comitia, holding the session, and
> > pressing the lictors so that they not oppose the vote of a matter jbeing
> > based on an unconstitutionally held senatorial meeting, the reus may have
> > committed other infractions to Nova Roma Law, like the Salician
> > "incitement,
> > conspiracy, and attempted offences,"ambitus and largitio" or "laesa
> > patriae",
> > as well as the general infraction consisting in supporting a violation of
> > the Constitution or of a decretum pontificalis, but did not committed, on
> > this precise point, a falsum ;
> >
> >
> > Considering, second and last, that the argument brought by the actor,
> > according which Gn. Equitius Marinus' refusal to take the oath of the
> > office
> > of dictator would have in itself voided the convening of the comitia
> > curiata
> > or been a proof of a falsum committed by the reus, is not relevant either,
> > for :
> >
> >
> > an appointment/election and a subsequent oath of office are two different
> > acts, and the fact that Censorius Marinus preferred, at this time, not to
> > take his oath is not an explicit recognition that a falsum has been
> > committed in the convening of the comitia ;
> >
> > even it were, such a recognition would be considered, towards Nova Roma
> > Law,
> > as a simple element of evidence, specially in regard of Hon. Marinus'
> > status, but that would need to be confirmed by additional elements, Hon.
> > Marinus being not at this time a sitting high magistrate allowed to set
> > alone, by his acts and declarations, an official interpretation of the
> > current Law.
> >
> >
> >
> >
> > For these reasons, I, P. Memmius Albucius, consul acting pro praetoribus,
> >
> >
> > article 5 : rejects, as deprived of legal basis, the first mean, such as
> > defined above, of the actor.
> >
> >
> > 2/ On the second mean laid by the actor, according which M. Moravius would
> > have committed a falsum during the contio when and because he has:
> >
> >
> > attempted to force members of the comitia curiata to break the law (as
> > Marinus censorius has been neither elected nor appointed, the lictors
> > cannot
> > be compelled to break the law by investing him with imperium)
> >
> > make themselves liable to charges under Nova Roman law,
> >
> > attempted to "dismiss" at least one lictor for refusing to break the law
> > per
> > his direct instructions.
> >
> >
> > by knowingly and intentionally providing false or misleading information
> > (the supposed appointment of Gn. Equitius Marinus to the dictatorship) in
> > such a way as to incite the lictors to perform an action detrimental to
> > their interests (breaking their oath to uphold the Constitution, which
> > empowers them to invest *only* appointed or elected magistrates with
> > imperium) :
> >
> >
> > Considering that it is necessary to examine if all the conditions provided
> > by the text of lex Salicia poenalis, § 16, are reached in the present
> > case,
> > in order to state whether the reus has committed or not a "falsum" ;
> >
> >
> > Considering first that :
> >
> >
> > the curiate lictors are citizens of Nova Roma and that, as such, they are
> > "persons" evoked by lex Salicia poenalis provision on falsum, as well as
> > the
> > comitia curiata is concerned as a ''body'' ;
> >
> > the status of the curiate lictors is irrelevant here, like the fact they
> > are, in current Novaroman Law, apparitores ;
> >
> >
> > Considering second that :
> >
> >
> > it is necessary to examine if the reus has given the curiate lictors a
> > "false" or a "misleading" information, the Salician text mentioning both
> > categories and allowing implicitly that one false or misleading
> > information
> > is enough to form a falsum, once its other elements are present ;
> >
> > the information put forward by the actor is the information according
> > which
> > "Gnaeus Equitius Marinus, Censoirus (sic)" has been designed, by the
> > Senate,
> > dictator ("Magister Populi designatus" - Moravius' call to order, July 27,
> > 2763, see the attached below) ;
> >
> > on this point, and as stated above (V.1), "the reus, major official of
> > Nova
> > Roma, himself a senator and a previous consul, did not ignore that the
> > concerned session "appointing" Gn. Equitius Marinus as "dictator" has been
> > legally vetoed (..). The reus was thus well aware and conscious that all
> > the
> > decisions taken by the Senate during the unconstitutional meeting of 17-25
> > July would be considered by the consul and by every concerned citizen, as
> > void and with no legal force ;
> >
> > if the convening of the Comitia, as stated above, is not illegal in
> > itself,
> > the reus, when he convened the Comitia curiata just "to invest Gnaeus
> > Equitius Marinus (..) with imperium for the office of dictator.",
> > providing
> > no additional information on the situation, on the veto of the consul
> > maior
> > and on the fact he was seeing the senatorial decisions as a void one, sent
> > the Comitia curiata a misleading and a false information, for it let the
> > lictors believe that censorius Marinus had been constitutionally appointed
> > dictator ;
> >
> > the reus could have escaped this reproach if he had, as stated before,
> > given
> > the lictors with no delay, once the contio of the Comitia open, a full and
> > neutral information, what he did not, confirming the commitment of a
> > falsum,
> > both in the writing of the agenda of the Comitia, and second during the
> > contio and specially when opening it ;
> >
> >
> > Considering third that :
> >
> >
> > there is no doubt that the reus acted this way "knowingly and
> > intentionally",
> > as his status of senator and proconsul, his previous general addresses to
> > the curiate lictors, his declarations in the Senate during the
> > unconstitutional session of 17-25 July, his answers to the consul maior's
> > recommendations, or the "dismissal" letter sent to lictor Tullius well
> > emphasize it ;
> >
> > our leges Saliciae do not :
> >
> >
> > require that both tribunal and praetor wonder whether the infraction,
> > though
> > committed "knowingly and intentionally" was not, however, made with good
> > faith. In addition, there may be not much place left to good faith in such
> > acts where several infractions seem, at the same time, having been
> > committed
> > in full conscience ;
> >
> > consider whether the false and/or misleading information have or not led
> > the
> > concerned persons or bodies to take this or that decision or to make this
> > or
> > that act, for the infraction exists from the moment that the false or
> > misleading information, along with the other constitutive elements, was
> > given, even it produced no effect ;
> >
> > consider as irrelevant the fact that the concerned persons or bodies, here
> > lictors and Comitia, may have been informed by other channels or that a
> > few
> > of them decided, for any reason, to support the reus' views ;
> >
> >
> > Considering, fourth, and on the effects of these false and/or misleading
> > informations, that :
> >
> >
> > the actor considers that they incited or were of such nature that they
> > might
> > have incited "the lictors to perform an action detrimental to their
> > interests" ;
> >
> > in effect lex Salicia poenalis does not require that the concerned
> > citizens,
> > here the curiate lictors have been, really or not, "hindered in the
> > fulfillment of their legal duties" or have "performed an action
> > detrimental
> > to their interests" but considers as a falsum just the fact to provide
> > knowingly and intentionally a false or misleading information "in such a
> > way
> > as to" ;
> >
> > the reaction, this said, of at least one lictor, Hon. Tullius, well shows
> > that at least one lictor considered that he has been "hinder(-ed) in the
> > fulfillment of (his) legal duties" or has been incited to "perform an
> > action
> > detrimental to his interests" ;
> >
> > if the lictors, as officers, have no "interests" when they take part to
> > the
> > public service, the individuals who sit as lictors may, after an act based
> > on a biased or dishonest information, see their auctoritas, dignitas and
> > reputation lowered by such an act, and thus see, their personal interests,
> > as citizens of Nova Roma, damaged ;
> >
> > in the present case, the false and/or misleading information displayed by
> > the reus, when he did not, knowingly and intentionally, inform the lictors
> > that the so-called "dictator" had not been legally appointed, was of such
> > nature to "incite them to perform an action detrimental to their
> > interests",
> > and, in addition though this argument had not been mentioned by the actor,
> > "to hinder them in the fulfillment of their legal duties" ;
> >
> > the "false and/or misleading information displayed by the reus" did not
> > just
> > consist in not informing the lictors that the "dictator" had not been
> > legally appointed, but also in the pressure exerted on them so that they
> > accept his point of view which has placed them in a situation where they
> > may
> > have felt obliged to consider the given informations as appropriate ones,
> > at
> > least not to suffer the retaliation measures evoked by the reus. (for ex.
> > dismissal, see for ex. The letter Kal. Aug. to Lictor Tullius) ;
> >
> >
> > such a pressure had been denounced twice by Cos. Memmius (see attached
> > below), as contrary to Nova Roma Law and Roman virtues ;
> >
> >
> >
> >
> > Considering, last, that if the "dismissal" notified by the reus to Lictor
> > Tullius on Kalends of August 2763 is an additional infraction committed by
> > the reus in the present case (the pontifex maximus cannot dismiss a
> > lictor,
> > the Collegium Pontificum being the only one allowed to appoint and dismiss
> > the curiate lictors, and for a legal ground), this point shall not be
> > raised
> > here by the Praetura, for exceeding the limits of the actor's claim ;
> >
> >
> > For these reasons, I, P. Memmius Albucius, consul acting pro praetoribus,
> >
> >
> > article 6 : accept, as well founded in the frame of lex Salicia poenalis §
> > 16, the actor's claim and state in consequence that the reus has committed
> > the infraction of falsum first not displaying, on the contested
> > "appointment" of censorius Marinus as "dictator", an appropriate and
> > neutral information to the curiate lictors in the convocation of the
> > Comitia
> > curiata called to order on July 27, 2763, second not displaying the same
> > information during the contio, third exerting illegal pressures on the
> > lictors during the contio.
> >
> >
> >
> > VI. Institutio iudicis (appointment of the tribunal)
> >
> >
> > Considering, on the composition of the tribunal, that, in order to allow
> > the
> > leges Saliciae to receive the most coherent interpretation and that the
> > provisions of lex Iudicaria and lex Poenalis be interpreted so that they
> > be
> > coherent and not contradict each other (legal principle of the "useful
> > effect"), the Praetor will here, as he did for the case Caecilius vs.
> > Hortensia, consider that the paragraph 10.1 of lex Poenalis, which says
> > that
> > "Following the paragraph VIII.a of the Lex Salicia Iudiciaria, and
> > expanding
> > it, all the crimes defined by this law shall be judged by a tribunalis
> > composed by ten (10) iudices" does not contradict the paragraph VIII of
> > lex
> > Iudicaria, that says that "The number of iudices that shall make up the
> > tribunalis (court of justice) for a certain case shall be decided by the
> > praetor according to the following guidelines: A. The tribunalis shall be
> > composed of ten (10) iudices whenever the intentio includes accusations of
> > laesa patria (seriously threatening the well-being of the Republic),
> > bribery, embezzlement of public funds, prevarication, electoral fraud,
> > attacks to dignitas, slander or libel, or whenever the sententia might
> > imply
> > the loss of citizenship for one of the parties. B. In all other occasions,
> > the tribunalis shall be composed of a single iudex. "
> >
> >
> > Considering therefore that Nova Roma Law, and here leges Saliciae, may
> > thus
> > be reasonably interpreted as setting the general rule of a tribunal
> > composed
> > by ten judges, except when a claim does not concern any of the infractions
> > evoked in the paragraph VIII-a of lex Salicia iudicaria, i.e. : "laesa
> > patria (seriously threatening the well-being of the Republic), bribery,
> > embezzlement of public funds, prevarication, electoral fraud, attacks to
> > dignitas, slander or libel, or whenever the sententia might imply the loss
> > of citizenship for one of the parties.(..) "
> >
> >
> > Considering that the present claim concerns the infraction of "falsum",
> > which is not included in this list ;
> >
> >
> > Considering therefore that the tribunal may legally be composed by one
> > sole
> > judge ;
> >
> >
> > Considering that the name of this judge must be chosen inside the album
> > iudicum, list of the assidui cives "that have been citizens of Nova Roma
> > for
> > over a year." (lex Sal. iud., VII) ;
> >
> >
> > Considering that in addition "the praetor shall aleatorily take a number
> > of
> > names equal to the number of iudices from the album iudicum. The following
> > considerations apply: A. If the praetor considers that some of the iudices
> > thus appointed are obviously related by ties of interest to one of the
> > parties, then the praetor shall, at his own discretion, dismiss those
> > iudices and cast lots to appoint different iudices from the album iudicum.
> > (..) (lex iud., IX) ;
> >
> >
> > Considering that the drawing of lots by the Praetor, from the updated list
> > of assidui cives (see the attached file below) and on ten drawings, of the
> > name of the sole judge, gave the following results, in the alphabetical
> > order of the nomines :
> > - Apollonius Cordus A.
> > - Arminius Maior A.
> > - Fabius Montanus Op.
> > - Iulia Severa S.
> > - Livia Plauta G.
> > - Lucretius Agricola M.
> > - Marcius Crispus G.
> > - Petronius Dexter G.
> > - Rutilia Enodaria V.
> > - Ullerius Venator P.
> >
> > Considering that, in such case, taking in consideration both personalities
> > and the nature of the facts reproached to the reus, it is necessary that
> > the
> > Tribunal be held by a judge who be available and reactive, whose integrity
> > and will to apply Nova Roma Law may not be contested, and who, at the same
> > time, is not a known active supporter of one of the concerned parties or
> > of
> > the factions which support them ;
> >
> >
> > I, P. Memmius Albucius, consul acting pro praetoribus,
> >
> > article 7 :
> >
> >
> >
> >
> >
> > state that the present formula is "ready", according lex Salicia iudicaria
> > VII, and that the tribunal may be composed ;
> >
> > therefore request both parties to inform Cos. Memmius ag. p.p. of the
> > names
> > that, in the frame of the right granted to both parties by § IX.C and out
> > of
> > the list of ten names above, are refused by them, being recalled that no
> > more than three names may be rejected by each party ;
> >
> > give both parties until next a.d. XV Kal. Nov. (Oct. 18th) 6 pm Rome time
> > to
> > send the consul acting pro praetoribus their list of three - or less -
> > refused names ;
> >
> > shall design afterwards the sitting judge, in application of lex Salicia
> > iudicaria, § IX, and in consideration of the objections received from both
> > parties ;
> >
> > shall officially lay at this time the present formula towards the designed
> > sitting judge
> >
> > shall send a notification of the present formula to each party, as publish
> > it in NovaRoma-Announce@yahoogroups.com
> >
> >
> >
> > remind both parties that any additional information, as witnesses'
> > certificates or existing documents, may be brought to feed the present
> > case
> > during the coming trial phase of the present proceedings, in conformity
> > with
> > leges Saliciae, and according further settings to be communicated by the
> > Praetura.
> >
> >
> >
> > Conclusio formulae (recommendation to the tribunal)
> >
> >
> >
> >
> > I, P. Memmius Albucius, consul acting pro praetoribus,
> >
> >
> > article 7 : recommend the Tribunal, in view of the above considerations
> > and
> > after a further examination of the available or provided evidences, to
> > declare :
> >
> >
> > Equitius' claim as well-founded in its second mean ;
> >
> > the reus guilty, according Lex Salicia poenalis § 16, of falsum, both in
> > the
> > convening and in the ruling of the Comitia curiata called by him to order
> > on
> > July 27, 2763 auc ;
> >
> > M. Moravius Piscinus Horatianus, as a consequence, condemned, and to
> > inflict
> > him :
> >
> >
> > a declaratio publica containing at least a few words of excuse to the
> > actor,
> > to the curiate lictors and to all Nova Roma citizens, and the full
> > reproduction of the tribunal sentence, in the Forum romanum, in
> > NovaRoma-Announce@yahoogroups.com, in the religious colleges' lists, in
> > NRComitiaCuriata@yahoogroups.com and in the Senate's lists ;
> >
> > and an inhabilitatio to ran and hold any civil or religious office or
> > magistracy, included the senator dignitas, except provincial and local
> > ones,
> > from the publication of the tribunal sentence by the Praetura until Kal.
> > Ian. 2765 auc.
> >
> >
> > --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
> >
> >
> > Datum, a.d. IV Idus Oct. 2763 a.u.c. (Oct. 12h) P. Memmius Albucius C.
> > Fabius Buteo Quintilianus II coss.
> >
> >
> >
> >
> > P. Memmius Albucius
> > consul ag. p. praet.
> >
> >
> >
> > ______________________________________________________________________________________________________________
> > ATTACHED
> >
> >
> > Letter Moravius to Memmius cos. - Oct. 03rd (see above "Preliminary
> > observations...")
> >
> > ""M. Moravius Piscinus Pontifex Maximus P. Memmio Albucio Consuli s. p. d.
> >
> > 1. The petitio actionis is based on a minority opinion. Two-thirds of the
> > Senate accepted the Senate session and the appointment, which followed the
> > Constitution. Your veto of that session was ruled out by the majority of
> > the
> > Tribuni Plebis, and the session was determined to be legal under State of
> > Maine law by legal consul. Under the Constitution the Pontifex Maximus
> > must
> > call the Comitia Curiata to order whenever an appointment is made, as the
> > Senate did make. It was a legal action by the Senate and the Pontifex
> > Maximus is obligated under the law to convene the Comitia Curiata.
> > Therefore
> > the claim of the petitio is false and the actio is incongruent with the
> > law.
> >
> > 2. Under the Lex Salicia de poenalis 6.1.3 any act by a constitutional
> > official done in the performance of his duties is excluded from
> > prosecution.
> >
> > 3. Since the claim is false, and since it was placed before magistrates,
> > the
> > Forum, and will be placed before iudices, I shall enter a counter claim of
> > FALSUM against the Actor C. Equitius Cato. Other petitiones actiones will
> > follow.
> >
> > 4. Since you accepted this petitio for political reasons, making a public
> > statement of trying to use our judicial system to extort a reply from the
> > Collegium Pontificum, you shall be involved in this actio. Your public
> > statement was very clear that you would act against the entire Collegium
> > Pontificum and the Collegium Augurum by trying to prosecute me as the
> > spokeperson for the Collegia under these false claims. That will be
> > brought
> > out in any trial. Therefore you must recluse yourself completely from
> > these
> > proceedings.
> >
> > 5. As I am attending the Conventus through 12 October, and doing so in my
> > official capacity of Pontifex Maximus, and continuing on from there for
> > pre-scheduled appointments, I will be unavailable for these proceedings
> > through Fri. 15 Oct 2010.""
> >
> >
> >
> > ___________________________________________________Updated (Oct. 12th)
> > list
> > of Nova Roma assidui cives (certified by Cos. Memmius)
> > See the list published in NovaRomaAnnounce on the same Oct. 12th.
> > ____________________________________________________________
> >
> >
> >
> > Wed, Jul 7, 2010 at 1:24 PM
> > NRComitiaCuriata@yahoogroups.com
> >
> > M. Moravius Piscinus Pontifex Maximus lictoribus s. p. d.
> >
> > Let me make some things clear right now. The Constitution states:
> >
> > III. Comitia
> >
> > A. The comitia curiata (Assembly of Curiae) shall be made up of thirty
> > lictores curiati (lictors of the curia), appointed to their positions 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.
> >
> > The Comitia Curiata is a religious institution. It is solely under the
> > authority of the Collegium Pontificum. It may only be called to assemble
> > by
> > the Pontifex Maximus. No lictor may act alone, and no witness statements
> > have any validity without the Comitia Curiata first being called into
> > session.
> >
> > As a religious institution, members of the Curiata, beginning with the
> > Pontifex Maximus, and then all lictores curiati appointed by the Collegium
> > Pontificum, are obliged to abide with decreta issued by the Quattor Summa
> > Collegia. On the other hand, under the Constitution IV.A.9 lictores
> > curiati
> > are specifically not magistrates and are not, therefore, under the
> > authority
> > of any magisterial edicta. A magisterial edictum cannot be issued to
> > instruct the Comitia Curiata or the lictores curiati on their duties. Only
> > the Collegium Pontificum has constitutional authority over the procedures
> > of
> > the Comitia Curiata.
> >
> > The Collegium Augurum has declared the praetores suffecti in vitio creati.
> > As such, I will not call the Comitia Curiata to assemble against the
> > decretum augurum.
> >
> > All lictores curiati are instructed *not* to issue witness statements
> > until
> > and unless the Pontifex Maximus first calls the Comitia Curiata into
> > seesion
> > and so instructs the lictores curiati to witness the proper election of
> > magistrates.
> >
> > If you cannot abide with the decreta of our Collegia, then you ought to
> > resign now. Also, violations of instructions or decreta are subject to a
> > determination by the Collegium Pontificum.
> >
> > ___________________________________________Kal.Aug. 2763 auc
> > M. Moravius Piscinus C. Tullio Valeriano dicit:
> >
> > You have received your instructions as have all other Lictores curiati.
> > The
> > appointment of Cn. Marinus was legally approved by the majority of the
> > Senate in a vote of 16 to 1, posted by the Tribunus Plebis, and
> > acknowledged
> > by both consuls as so reported. The Constitution does not give any
> > individual Lictor or the Comitia Curiata as a whole to depart from the
> > decision of the Senate.
> >
> > My instructions were that if you disagreed with the decision of the Senate
> > that you should remain silent. As you have done otherwise and have
> > attempted
> > to encourage other Lictores to disobey their constitutional duties, you
> > are
> > dismissed from the Comitia Curiata and your appointment as a Lictor shall
> > be
> > reviewed by the Collegium Pontificum at its next session.
> > __________________________________________________
> >
> > Mar. 27/07/10 00:20
> > NovaRoma-Announce@yahoogroups.com
> >
> >
> > M. Moravius Piscinus Pontifex Maximus Lictoribus omnibus s. p. d.
> >
> > All Lictores curiati of Nova Roma are to assemble for the Comitia Curiata
> > beginning at 00.00 hours CET Roma (18.00 hrs EST) on IV Kal. Sext. (29
> > July)
> > in order to invest Gnaeus Equitius Marinus, Censoirus et Magister Populi
> > designatus, with imperium for the office of dictator.
> >
> > _________________________________________________________
> >
>
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