Aedilitas curulis MMDCCLXI

EDICT n°61-01

CURULE AEDILE P. Memmius Albucius edict (n° 61-01) concerning the Equites and the Macellum

I, Publius Memmius Albucius, aedilis curulis, by the authority vested by the constitution, the laws and the Senate of Nova Roma, and in view of lex Arminia de ratione edictis a.d. VIII Kal. Dec. 2755 a.u.c.,

In order to allow the Equites to carry on their operations inside our Macellum, whose web home page is at http://www.novaroma.org/nr/Macellum_%28Nova_Roma%29, without suffering any damageable undue interruption in their activities, the following rules are edicted.

Article 1

The edicts issued by previous aediles curules, and relative to the Macellum and to the authorization granted to duly registered Equites to conduct any trade operations in this frame, are temporarily extended.

Article 2

In case of absence of such edicts, the current situation is temporalily supposed to be in accordance with novaroman law.

Article 3

A further aedilician edict will define, modify or confirm the legal frame of the Macellum and the list of the citizens authorized to use it for their private business.

Article 4

Every novaroman public officer and her/his departement must, as far as each one is concerned, enforce the present edict, which will be published in the Tabularium Novae Romae at http://www.novaroma.org/nr/Category:Tabularium_%28Nova_Roma%29.

Issued in Cadomagus, civ. Viducassium, Gallia, Kal. Ian. MMDCCLXI a.u.c. (1st January 2008 c.c.) during the consulate of M. Moravius Piscinus Horatianus and T. Iulius Sabinus.

EDICT n°61-02

CURULE AEDILE P. Memmius Albucius edict (n° 61-01) concerning the European conventus 2761, 2762 and 2763 (Edictum aedilis Memmium curulis de Europaeo conventu)

I, Publius Memmius Albucius, aedilis curulis, by the authority vested by the constitution, the laws and the Senate of Nova Roma, and in view of the constitution Novae Romae,

Considering the « Pactum de Convento Novae Romae in Europa » 2758 a.u.c. ;

Considering the decision taken by the European governors present in the Conventus Romae 2758, to propose the common candidacy, for the yearly European conventus, of Carlisle 2759, Hispania 2760, Dacia 2761 and Gallia 2762 ;

Considering the formal or unformal decisions taken by the previous curule aediles, specially to declare Dacia and Gallia as the provinces chosen to organize the European conventus respectively in 2761 and 2762 ;

Edict:

Article 1

The res publica confirms its support to the organization of the Nova Roma European conventus in :

• Dacia in 2761 auc :
• Gallia in 2762 auc.

Article 2

As recognized and supported by the res publica, the organizing provinces are allowed, if they wish to, to request from now on, from the Senate, a financial participation to the expenses of these events.

Article 3

Considering the special conditions of the confirmation last year of Dacia's designation for this year 2761 a.u.c., provincia Dacia is authorized, by its governor or every duly appointed delegate, to delay exceptionally the sending, to the curule aediles, of its Conventus 2761 organizational file for next 31st March.

Article 4

A further edict will define the dates and the rules, this year, for the registration of the candidacy files for 2763.

Article 5

Every novaroman public officer and her/his departement must, as far as each one is concerned, enforce the present edict, which will be published in the Tabularium Novae Romae at http://www.novaroma.org/nr/Category:Tabularium_%28Nova_Roma%29.

Issued in Cadomagus, civ. Viducassium, Gaul, pridie Nonas Ian. MMDCCLXI a.u.c. (4 January 2008 c.c.) during the consulate of M. Moravius Piscinus Horatianus and T. Iulius Sabinus.

EDICT n°61-03

CURULE AEDILE P. Memmius Albucius edict (n° 61-03) concerning the law applicable in the Macellum and the resolution of disputes (de lege macellaria et transactione controversiarum)

I, Publius Memmius Albucius, aedilis curulis, by the authority vested by the constitution, the laws and the Senate of Nova Roma,

In view of Lex Arminia de ratione edictis a.d. VIII Kal. Dec 2755 auc, and of aedilician Cytheris and Artoria 2760 auc edicts,

In order to allow the Equites (sellers) and the consumers who make transactions in Nova Roma Macellum to have a clear information on the law applicable to these transactions, to the relations between Novaroman law and (« macro- »)national laws, and also to have access to a quicker and more convenient resolution mode of their possible disputes,

Edict:

Article 1 – Confirmation of revokation of previous edicts

The revokation of the aedilician edicts issued in 2760 a.u.c. (2007 cc.) by both aediles in charge and concerning :

- the confirmation of the previous commercial edicts ("de praecedentibus edictis commercialibus confirmandis", a.d. XVIII Kal. Feb., Jan. 15, 2007 cc., publ. ML Jan. 22 # 48773) - the "fair trade" ("de commercio iusto"); - the judgments forbidden by arbitration ("de interdicto restitutorio per formulam arbitrariam")

is here confirmed. These regulations are replaced by the rules edicted in the following articles 2 to 8.

Article 2 – Nova Roma commercial law

By agreeing on transactions, specially sales ones, inside Nova Roma macellum, sellers and consumers accept to obey, in these transactions, to Nova Roma commercial law. This commercial law specially defines below the law applicable in a transaction made in the Macellum and the possible recourse to Nova Roma arbitration.

Article 3 – Definition of the Macellum

The Macellum includes every transaction made by a seller, authorized to sell inside Nova Roma and thus listed as Eques (plur. Equites), with an consumer, whoever he be, Nova Roma citizen or not, if this transaction is agreed in a real or internet venue owned or managed by Nova Roma.

Article 4 – Place of the transaction - proof

In case of a dispute arising about the sale between a seller and a consumer, the burden of the proof, concerning the place where the sale has been agreed, will be supported by the seller, specially if this one also makes transactions outside Nova Roma Macellum. The sale would be thus reputed to have been agreed in Nova Roma macellum, unless the contrary be demonstrated by the seller.

Article 5 – Law applicable to the transaction

Agreeing a transaction inside Nova Roma macellum has a direct relation with the law applicable to this transaction. The law applicable in sales occurring inside the Macellum is the national law of the country where seller and consumer both reside, in the case of what is then called a domestic transaction. For ex., if the seller and the consumer, both reside in the U.S. of America, the law applicable will be defined by the U.S. Uniform Commercial Code. The law applicable in sales occurring inside the Macellum between a seller and a consumer who do not reside in the same country is called "International transaction". Its applicable law is the law of the country where the consumer resides. In case of a dispute, the consumer may also claim for the application of the U.S. Uniform Commercial Code, if its regulations are more protective to her/him.

Article 6 – Use of arbitration and relation to Nova Roma

In due conformity with the laws of the residing countries of the parties involved in the transactions or with the country where both parties reside, these one may agree, at any moment and instead to submit their disputes to a judge, for an arbitration.

They organize then their arbitration as they see fit, unless they require Nova Roma arbitration. By doing this, both parties accept to obey Nova Roma arbitration award.

Article 7 – Law applicable to arbitration

Nova Roma arbitration is then made by one aedilis curulis in office at this time, according mainly to Novaroman law, mos maiorum and ancient Roman law and principles of law, and, if necessary, according any other relevant modern law, rule or principle, including lex mercatoria's ones.

The arbitrator informs the parties of the formal proceedings rules which will be applied to the arbitration.

Article 8 – Arbitration end – award

If, from the moment the aedilis curulis has accepted to act as arbitrator, the parties succeed reaching an agreement which puts an end to their dispute, they inform the aedilis and the matter is closed.

The arbitrators pronounce her/his award after having heard the parties.

In addition to the award pronounced as an arbitrator, which deals with the damages suffered by one of the party inside the transaction, the aedilis curulis may impose the condemned party a penalty which enters in her/his aedilician field of competency.

The arbitration awards are electronically delivered to every party and published in the fora and web pages managed by the aediles curules, no sooner than two weeks after the verdict.

Article 9 – Enforcement of this edict

Every novaroman public officer and her/his departement must, as far as each one is concerned, enforce the present edict, which will be published in the Tabularium Novae Romae at http://www.novaroma.org/nr/Category:Tabularium_%28Nova_Roma%29 and in the relevant Novaroman lists.

Issued in Cadomagus, civ. Viducassium, Gallia, a.d. VI Idus MMDCCLXI a.u.c. (8th January 2008 c.c.) during the consulate of M. Moravius Piscinus Horatianus and T. Iulius Sabinus.

EDICT n°61-04 (INTERCESSIO PRONOUNCED on this Aedilician Edict)

CURULE AEDILE P. Memmius Albucius edict (n° 61-04) concerning the products officially sponsored by Nova Roma (de Nova Roma sustentis publice venaliis)

I, Publius Memmius Albucius, aedilis curulis, by the authority vested by the constitution, the laws and the Senate of Nova Roma, and in view of them,

In order to allow the sellers to develop their transactions in the Macellum and outside thanks to Nova Roma's support, and at the same time to give every consumer a good confidence that the sold products be faithful to the practices and recommendations of Nova Roma,

Edict :

Article 1 – Creation of a label

Nova Roma may give every product, sold in the Macellum by a duly registered Eques, the "officially sponsored by Nova Rom" (in latin : "Nova Roma sustenta/-um/-us publice") label.

Article 2 – Label definition and limitations

The "officially sponsored by Nova Roma" label guarantees to every potential consumer that the product is faithful to the practices, ethics, values and recommendations of Nova Roma.

This label, or qualification, does not give any other guarantee, specially legal, on the quality of the product, its convenience, its suitability, which are treated by the (macro-)national law applicable to the transaction in which the product is sold to the consumer.

Article 3 – Aediles

The "officially sponsored by Nova Roma" label is granted for Nova Roma by its aediles curules, according the following rules.

The word "aediles" may design, in the following articles, just one of the aediles in office, according the way both aediles have decided to organize their work.

Article 4 – Proceedings

The Eques (seller) wishing the granting of the "officially sponsored by Nova Roma" label sends an electronic message request to the aediles, at the address : NR_Cohors_aedilicia@yahoogroups.com. This include an clear request for obtaining the label for a clearly designed product sold by the Eques.

It also include any relevant information which may be useful for the aediles to take their decision on the labellization, concerning :

- the identity and the status of the applicant Eques - the applicant e-mail address - the product itself - why the "officially sponsored" label is requested for this product,

In a second time, the aediles may think necessary to give the applicant seller their postal address(-es) so that the applicant can send to the aediles the concerned product for examination.

The aediles ask the seller every question on the product that they think useful. The applicant seller is recommended, naturally, answering at best to each of these questions.

Article 5 – Label granting decision

The granting decision is taken by individual aedilician edict. The aediles deliver electronically their decision to the applicant, no later than one month after the reception, by the aediles, of the product or, if its sending has not seemed necessary by the aediles, one month after such a statement.

In case of silence kept by the aediles more than one month from one of the alternative date abovementioned, the granting decision is reputed negative.

In the last situation, the concerned seller may ask the aediles to issue an individual edict, electronically delivered to the applicant in the following month, explaining the reasons of their decision.

Article 6 – Sending proofs

It is recommended to the applicant seller to ask, when sending his/her request or his/her product to the aediles, an electronic or postal acknowledgment of receipt of this sending.

Article 7 – Appeal on the granting decision

No specific appeal on a negative aedilician decision will be accepted, unless if an aedile does not deliver the edict mentioned in article 5 above. In this case, the appeal may be presented no sooner than 15 days after the date when the granting decision has been considered implicitly negative.

Every appeal is examined by the aedile who has not issued the decision.

Every Eques (seller) admits that the "officially sponsored" label is an additional advantage granted by Nova Roma to her/his business, and not a right linked to the Eques status. Every Eques thus accepts in advance to renounce to other kind of specific appeal relative to the frame of the present edict. General ordinary legal actions are naturally available.

Article 8 – Use of the label

The seller (Eques) who has been granted for one of her/his product the "officially sponsored by Nova Roma" label may use it in the Macellum or outside for any promotion, advertising, communication or presentation of the product. The seller is thus authorized to precise in her/his advertising, promotion, communication or presentation documents, whatever be their support (real or virtual, texts, sounds, drawings, pictures or movies etc.) that the product has obtained this label. The seller may also insert the expression "officially sponsored by Nova Roma" label on or in the product, as (s)he sees fit, as far that (s)he considers that this insertion is not prejudicial to the quality of the product, its image or every consumer's expectations.

Article 9 – Withdrawal of the label

The aediles may, at any time, on their own initiative or on the request of a citizen or a foreigner, withdraw a label. Such a withdrawal is taken by individual edict, which states the reasons of this withdrawal. These reasons may be in relation, among others, to a modification of the product without previous agreement of Nova Roma, to its relation with an event, individuals, organizations or communications whose image, practices, ethics, values or politics are contrary to the constitution and laws of Nova Roma, to a hidden defect, or others events that do not allow Nova Roma to keep on sponsoring the concerned product.

The aediles deliver electronically the withdrawal edict to the concerned Eques, and publish it afterwards in the forum ("main list") of Nova Roma as well as in the Macellum web pages.

A withdrawal decision legally authorize the aediles to withdraw from the Macellum any advertising, promotion, communication or presentation of the concerned product, whatever its support and kind (text, sound, drawing, picture, movie etc.) which would still contain, after the delivery of the withdrawal decision, the mention "officially sponsored by Nova Roma".

Article 10 – Appeal on a withdrawal decision

An appeal may be formed against the withdrawal decision, towards the aedile who has not issued the withdrawal decision. This appeal does not suspend, during the time of its examination and judgment, the effects of the withdrawal decision.

Article 11 – Enforcement of this edict

Every novaroman public officer and her/his departement must, as far as each one is concerned, enforce the present edict, which will be published in the Tabularium Novae Romae at http://www.novaroma.org/nr/Category:Tabularium_%28Nova_Roma%29 and in the relevant Novaroman lists.

Issued in Cadomagus, civ. Viducassium, Gaul, a.d. IV Idus MMDCCLXI a.u.c. (10th January 2008 c.c.) during the consulate of M. Moravius Piscinus Horatianus and T. Iulius Sabinus.

Ex officio consul Iulius Sabinus.

SALVETE!

The curule aedile Memmius Albucius issued an edict about Macellum rules. I understand very well his intention to set the necessaries rules to do his job, as aedile, in the best possible way. I understand that these rules are applied in his area of responsibility. In the same time I consider that this part of his edict Article 3:

"The "officially sponsored by Nova Roma" label is granted for Nova Roma by its aediles curules."

exceeds imperium. Because that I hereby pronnounce intercessio against the edict issued by curule aedile P. Memmius Albucius.

Given under my hand this 13th day of January 2761 a.U.c (AD 2008) in the consulship of M. Moravius and T. Iulius.

EDICT n°61-05

CURULE AEDILES Sex. Lucilius Tutor and P. Memmius Albucius edict(n° 61-05) concerning the organization of the aedilician team for 2761 a.u.c. (de ordine cohortis aedilicianae pro MMDCCLXI auc)

We, Sextus Lucilius Tutor and Publius Memmius Albucius, aediles curules, by the authority vested by the constitution, the laws and the Senate of Nova Roma, and in view of the existing rules;

In order to fulfill our duties as elected aediles curules and give during this year 2761 auc the best service to the res publica and to Nova Roma citizens,

Both edict:

Article 1

Aediles Lucilius and Memmius pay homage to all the previous aediles curules who have all carried high Nova Roma's aedilitas flame, and to the Factiones and their leaders who have, since several years, allowed our Ludi circenses to meet the best success.

Article 2

Aediles Lucilius and Memmius create a joined team, called ? Cohors aediliciana ?, with no personal name, so that the continuity with the previous aedilitates be underlined.

Each of both aediles keep naturally free, as the constitution of Nova Roma allows them, leaving this joined cohors and form his own aedilician team.

Article 3

Aediles Lucilius and Memmius remain responsible, towards the People, the Senate and the consuls, praetors and relevant powers, of their duties, whatever they are performed directly by them or by one of their assistants.

Article 4

A joined Cohors aediliciana is formed to assist the aediles curules, with no distinction of particular relation. Thus, aedilis Lucilius accepts that Quaestor Hortensia help the whole aedilitas, as well aedilis Memmius for Quaestor Vitellius's intervention.

Article 5

The Cohors aediliciana is composed by the following citizens, listed alphabetically by cognomen, who have accepted to assist the aediles in a general advising task and in a preparation mission for the organization of the Ludi curules. In addition, these citizens are also assigned to the following tasks :

Gaius Marcius Crispus: secretary of the Cohors; maintenance of the macellum and ordo equester regulations in collaboration with the censorate scribes.

Gn. Cornelius Lentulus: translations in Latin of the aediles edicta and of other documents needed by the aediles's missions; maintenance, creation and feeding of the web pages belonging to the aedilitas pages of NR web site; European conventus.

M. Hortensia Maior quaestor: maintenance, creation and feeding of the web pages belonging to the aedilitas pages of NR web site; public events; religio romana and relations with the religious institutions and with the censorate; coordination of Ludi Megalenses.

Q. Valerius Poplicola: other conventus than European one; aedilician fund, specially Magna Mater Project.

A. Tullia Scholastica praetoris: translations in Latin of the aediles edicta and of other documents needed by the aediles's missions; coordination of Ludi Romani.

T. Iulius Sabinus cos.: maintenance, creation and feeding of the web pages belonging to the aedilitas pages of NR web site; Dacian (European) conventus, Summer 2761 auc., specially the coordination in Dacia of the relevant Ludi.

L. Vitellius Triarius quaestor: maintenance, creation and feeding of the web pages belonging to the aedilitas pages of NR web site; State real properties; aedilician fund, specially Magna Mater Project; coordination of other 2761 auc curule Ludi (than Megalenses and Romani).

Article 6

In accordance with novaroman laws, the abovementioned citizens are, apart quaestors, appointed as scribes (scriba aedilicius/-a) for 2761 auc. As such, they are not asked to pronounce any oath of office.

From the publication of the present edict, every member of the team may prefer leaving the Cohors just because the changing of its organization, of its working lines or methods, which would not fit anymore enough the conditions of this member's individual entry. (S-)he is naturally free to such a resigning at any time, after a short information of the aediles the day before.

Article 7

Aediles Lucilius and Memmius provide a joined coordination of the Cohors and keep a direct relation with the other powers of Nova Roma. The instructions given in the frame of the Cohors's list will be reputed be given under both authority. In addition, the aediles support more specifically the above quaestores and scribae in the following fields:

Aed. Lucilius: European conventus, including conventus Daciae 2761 auc;

Aed. Memmius: Macellum, including ordo equester regulations in relation with the censors.

Article 8

A further edict may precise the intervention of every assistant in the specific field of the Ludi curules.

A further edict will precise the organization of the aedilician fund, and specially of the Magna Mater Project.

A further edict may complete the Cohors, specially through the appointment of a scribe who would help T. Iulius Sabinus in his coordination of the Ludi which are to be organized next summer 2761.

Article 9

The present edict is notified to every concerned citizen.

Article 10

Every novaroman public officer and her/his departement must, as far as each one is concerned, enforce the present edict, which will be published in the Tabularium Novae Romae at http://www.novaroma.org/nr/Category:Tabularium_%28Nova_Roma%29, and in Nova Roma Yahoo! relevant lists.

Issued simultaneously in Brno, Pannonia czeca et Cadomagus, Gallia, Idus Ian. MMDCCLXI a.u.c. (13th January 2008 c.c.) during the consulate of M. Moravius Piscinus Horatianus and T. Iulius Sabinus

Ego, Publius Memmius Albucius, hac re ipsa decus Novae Romae me defensurum, et semper pro populo senatuque Novae Romae acturum esse sollemniter iuro.

Ego, Publius Memmius Albucius, officio aedilis curulis Novae Romae accepto, deos deasque Romae in omnibus meae vitae publicae temporibus culturum, et virtutes Romanas publica privataque vita me persecuturum esse iuro.

Ego, Publius Memmius Albucius, religioni romanae me fauturum et eam defensurum, et numquam contra eius statum publicum me acturum esse, ne quid detrimenti capiat iuro.

Ego, Publius Memmius Albucius, officiis muneris aedilis curulis me quam optime functurum esse praeterea iuro.

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

Datum sub manu mea Kal. Ian. MMDCCLXI auc M. Moravio Piscino T. Iulio Sabino cos."

I, Publius Memmius Albucius, do solemnly swear to uphold the honour of Nova Roma and to act always in the best interests of the People and Senate of Nova Roma.

As Curule Aedile of Nova Roma, I, Publius Memmius Albucius, swear to honour the Gods and Goddesses of Rome in my public dealings and to pursue the Roman Virtues in my public and private life.

I, Publius Memmius Albucius, 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, Publius Memmius Albucius, swear to protect and defend the Constitution of Nova Roma.

I, Publius Memmius Albucius, further swear to fulfill the obligations and responsibilities of the office of Curule Aedile to the best of my abilities.

On my honour 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 office of Curule Aedile and all the rights, privileges, obligations and responsibilities attendant thereto.

Given by my hand on the first of January, 2761 years from the founding of the City of Roma, in the consulship of M. Moravius Piscinus T. Iulius Sabinus.

Ego, Sextus Lucilius Tutor hac re ipsa decus Novae Romae me defensurum, et semper pro populo senatuque Novae Romae acturum esse sollemniter IVRO.

Ego, Sextus Lucilius Tutor officio Curule Aediles Novae Romae accepto, deos deasque Romae in omnibus meae vitae publicae temporibus culturum, et virtutes Romanas publica privataque vita me persecuturum esse IVRO.

Ego, Sextus Lucilius Tutor, Religioni Romanae me fauturum et eam defensurum, et numquam contra eius statum publicum me acturum esse, ne quid detrimenti capiat IVRO.

Ego, Sextus Lucilius Tutor officiis muneris Curule Aediles me quam optime functurum esse praeterea IVRO.

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

I, Sextus Lucilius Tutor 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, Sextus Lucilius Tutor 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, Sextus Lucilius Tutor 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, Sextus Lucilius Tutor swear to protect and defend the Constitution of Nova Roma.

I, Sextus Lucilius Tutor further swear to fulfill the obligations and responsibilities of the office of Curule Aediles 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 Curule Aediles and all the rights, privileges, obligations, and responsibilities attendant thereto.