I, Publius Minius Albucius, Tribunes of the Plebs, by the authority vested in us by the Constitution and the laws of Nova Roma, In view of the Constitution of Nova Roma, specially its articles II. B. 5 and IV.A.7.d, specially d2 and d3 on one hand, III.C and IV.A.5 on another ; In view of Lex Didia Gemina de potestate tribuniciana issued on 15th November 2756 a.u.c., specially its article III ; In view of the message 32322 issued in Nova Roma main list on Jan. 12 th, 2758 a.u.c. 10:57 p.m. by Tribune Domitius Constantinus Fuscus on « Saturninus' resignation withdrawal and his position in the Tribunate » ; Considering the « appeal to the tribunes to call the Comitia Populi Tributa » made by Tiberius Galerius Paulinus on June 16th 2758 a.u.c. (joined below) ; Considering the reminder sent by Hon. Galerius to the Tribunes of the Plebs on July 13th ; Considering the absence of answer, collective or individual, made on July 20th by the Tribunes ; Considering that Hon. Galerius, like every citizen has the right to obtain an answer, whatever it is, to his request, specially to a demand founded on the application of a constitutional right ; Considering that Galerius's appeal thus refers to the « right of provocatio i.e. the right to appeal a decision of a magistrate that has a direct negative impact upon that citizen » ; Considering that Hon. Galerius « believe(s) that (his) right to stand as a candidate for office was denied (him) and other plebeians when (the Tribunes) declared that there was not a vacancy in the Tribuneship » and that he thus « (..) ask that you, the Tribunes, convene the Comitia Populi Tributa so it can hear my appeal of your decision » ; Considering that, even if Hon. Galerius does not explicitly mention the message 32322 issued in Nova Roma main list on Jan. 12 th, 2758 a.u.c., the contested tribunician act is necessarily this one, no other official message having been issued on the subject by the Tribunate ; Considering that the Constitution of Nova Roma guarantees, in its article II. B. 5, « the right of provocatio ; to appeal a decision of a magistrate that has a direct negative impact upon that citizen to the comitia populi tributa » ; Considering that this article is reinforced by the article III of Lex Didia Gemina de potestate tribuniciana, which stated that in spite of the affirmation of the tribunician « summa coercendi potestas (..), the right of provocatio will be respected as Article II.B.5 of the constitution states. » Considering that, contrary to the laws or practices of ancient Rome, neither the Constitution nor the laws of Nova Roma define precisely the contents of this right and how it may be exercised ; Considering that the article II. B. 5 of the Constitution of Nova Roma and the article III of Lex Didia Gemina de potestate tribuniciana are the sole legal norm that must be taken into account to ground a decision on the application of the right of provocatio (jus provocationis) ; Considering that this article II. B. 5 does not limit, as the ancient practice did, the jus provocationis to criminal affairs, or to acts taken by consuls using their imperium ; Considering that this article II. B. 5 does not prevent a tribunician act, as the ancient practice did, to be contested by jus provocationis ; that, furthermore, the article III of Lex Didia Gemina, specially its paragraph B on sacrosanctity power (potestas sacrosancta) does not prevent the application of the right of provocatio ; Considering that the sole magistrates who may, according the Constitution of Nova Roma, convene the comitia populi tributa, are the consuls, the praetors and the tribunes of the plebs ; Considering that the fact that the magisterial decision contested by Hon. Galerius is a tribunician act does not prevent him using his right of provocatio either through the consuls, or the praetors or the tribunes ; Considering that the fact that the decision contested had been taken by a majority of the tribunate is here irrelevant ; Considering that Hon. Galerius was the sole citizen of Nova Roma to express his will, on Jan. 12th, 2758 auc, 4 :29 am, to be candidate to the office that he believed at this time as vacant ; that this will has also been expressed before the tribunician statement on the same day, at 10:57 p.m. ; that, thus, Hon. Galerius is the sole citizen concerned by this tribunician statement ; Considering that the fact of knowing whether the tribunician decision reported by the message ML 32322 has had a « direct negative impact » is outside the field of competencies of the tribunes, as it would be for any magistrate asked for the application of jus provocationis ; that such magistrate has thus a bound competency, and is not allowed to make such an examination ; Considering thus that the comitia populi tributa are the sole constitutional power authorized to state on an provocatio ; that this is the only interpretation which guarantees to every citizen of Nova Roma the respect of his rights granted by the Constitution of Nova Roma and gives to this text its full effect ; Considering that the fact that the current Salicia and Fabia laws do not organise precisely the examination of a provocatio may not obstruct the full application of a constitutional right ; Edicts : Article 1 The « appeal to the tribunes to call the Comitia Populi Tributa » made by Tiberius Galerius Paulinus on June 16th 2758 a.u.c. and contesting the tribunician decision that « declared that there was not a vacancy in the Tribuneship » is received ; Article 2 The comitia tributa populi are convened in August 2005 (Sextilis 2758 a.u.c.), on a schedule that a next edict will determine. Article 3 The appropriate magistrates of Nova Roma and their offices are responsible, as far as each one is concerned by the present edict, and in due consideration of the constitution, for executing it. This edict will be published in the Tabularium of Nova Roma. Issued in Cadomago, Gallia, this twenty first day (21st) of July, 2005 C.E. (a.d. XII Kal. Sextiles 2758 a.u.c.), during the consulate of Fr. Apulus Caesar and Ga. Popillius Laenas attached below------------------------------------------------------- Text of the appeal by Ti. Galerius Paulinus June 16th 2758 a.u.c. : Salve Tribunes According to the Constitution of Nova Roma a citizen has a right of provocatio ie the right to appeal a decision of a magistrate that has a direct negative impact upon that citizen. As I stated earlier this year I believe that my right to stand as a candidate for office was denied me ( and other plebeians ) when you declared that there was not a vacancy in the Tribuneship. I respectfully disagreed with you then and still do. Now that some time has passed and the immediate passions have cooled I respectful ask that you, the Tribunes, convene the Comitia Populi Tributa so it can hear my appeal of your decision. If you are disinclined to grant my request I would very much like you to tell me how a citizen of Nova Roma can exercise their constitutional right of provocatio if the magistrates charged with conniving the Comitia Populi Tributa refuse to do so? As a courtesy I have CC this to Caius Curius Saturninus as well. Vale Tiberius Galerius Paulinus Text of the reminder by Ti. Galerius Paulinus July 13th 2758 a.u.c. : From: Timothy P. Gallagher To: Domitius Constantinus Fuscus ; Maior ; Publius Minius Albucius ; Marcus Bianchius Antonius Cc: Caius Curius Saturninus Sent: Wednesday, July 13, 2005 4:36 PM Salve Tribunes on June 16 I sent the following e-mail. Can you please tell be the status of my request ? Vale Tiberius Galerius Paulinus Citizen
21 July MMDCCLVIII
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