TRIALS IN THE PRAETORSHIP OF 2008

De Petitio Actionis

Praetor M. Curiatius Complutensis omnes civibus Novae Romae SPD

Ex officio praetoris

E lege Salicia Iudiciaria, petitionem actionis K. Fabi Buteo Modani accipiendum esse decrevi.

In accordance with the Lex Salicia Iudiciaria, I have determined that the petitio actionis of K. Fabius Buteo Modianus must be accepted.

Verba petitionis infra scripta sunt:

The text of the petition is written below:

Petitio Actionis of Kaeso Fabius Buteo Modianus against Lucius Equitius Cincinnatus Augur

Petitio Actionis:

Actor: Caeso Fabius Buteo Modianus

Reus: Lucius Equitius Cincinnatus Augur

Charge: Laesa Patriae, Abusus Potestatis, and Falsum.

Laesa Patriae

It was on or about 3 September 2005 that Lucius Equitius Cincinnatus Augur removed me without my knowledge from two e-mail lists:

(CP List) http://groups.yahoo.com/group/CollegiumPontificum

(CA List) http://groups.yahoo.com/group/Collegiumaugurum

The CA list was the list for the Collegium Augurum and as an augur I have a right to be on that list. I am seeking the charge of laesa patriae because as an augur being removed from that list it makes convening the Collegium Augurum problematic, and locks me out of the archives of the list. The CP list that the Reus owns was the original Collegium Pontificum e-mail list, however, the Reus was adamant in prohibiting Flamen and Vestals from membership of that list so a new list had to be created in 2002 for the whole of the Collegium Pontificum by Marcus Cassius Julianus because the Reus at the time refused to allow non-pontifices into that list. When I became a pontifex in 2004 the Reus added me to the list and the list archives contains official voting results dating between 2000 to 2002. As a pontifex and an augur I assert that I have a right to be on both of these lists since these lists have had, and I attest still do, have an official capacity within Nova Roma. They were used as official lists and contain official debate and voting results.

I seek the penalty of removal of all priesthoods and titles and banishment for no less than one year (EXACTIO). I base this on his actions being detrimental to effective administration and reconstruction of the Religio Romana and since he acted alone without an outside authority he has put (especially) the Collegium Augurum into a position where it cannot perform its legal obbligation to Nova Roma (i.e., ars auguria).

Furthermore, in accordance with Consular Edict (backed by the senate) Ad collegia pontificum et augurum, I have attempted to re-join these two lists but have been denied access. Having been locked out of these lists since September 2005 and being denied access by law I request that the Reus be judged.

Abusus Potestatis:

The Reus as Magister Collegii of the Collegium Augurum and owner of the Collegium Augurum e-mail list and as senior member of the Collegium Pontificum (as Flamen Martialis) and owner of the Collegium Pontificum e-mail list has violated his sacred functions in these priestly roles which mirror magisterial responsibility and duty, thus the charge of abusus potestatis for the reasons given above.

I seek the penalty of a public apology (DECLARATIO PVBLICA) and a fine (MVLTA PECVNIARIA).

Falsum:

Regarding the charge of Falsum. The Reus informed the senate during the January contio that the two e-mail lists mentioned above where his private lists and that no one had a right to join them. Those lists where used as official lists and contain official voting by members of the Collegium Pontificum and Collegium Augurum respectively. His claim that these lists are his private lists is false and I seek retribution in the manner of a fine (MVLTA PECVNIARIA) and the removal of the cognomen Augur (INHABILITATIO).

Verba Legis Saliciae sequuntur:

The [relevant] text of the Lex Salicia follows:

I. Any citizen of Nova Roma shall be able to bring an action against another citizen of Nova Roma. The plaintiff shall be addressed in this law as "actor". The defendant shall be addressed as "reus".

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The praetor shall decide, within 72 hours, if the petitio actionis shall be presented to a court or if it shall be dismissed. A praetor can dismiss a petitio actionis if and only if one of the following cases applies:

A. The praetor has no competence in the issue.

Example: a praetor can not mediate between two foreign parties, for his competence is limited to the citizens of Nova Roma.

B. The parties are not sui iuris in Nova Roma.

Example: a minor can not play the part of an actor.

C. The claim is incongruent.

Example: "Ticius must be expelled from Nova Roma because he is bearded" is an incongruent claim, for it is not supported by law, precedent or common sense.

Nulla ratione in lege data qua de causa petitionem dimittere solvereve liceat, eam accipio.

There being no reason given in the law why the petitio actionis may be dismissed, I accept it.

Datum sub manu mea prid. Non. Feb. ‡ M. Moravio T. Iulio cos. ‡ MMDCCLXI a.u.c.

Given under my hand February 4th 2008 in the consulship of M. Moravius and T. Iulius

Valete.

M.CVRIATIVS.COMPLVTENSIS PRÆTOR NOVÆ ROMÆ

Sententia

Ex officio Praetoris M. Curiatius Complutensis

Alter the Peticio Actionis of K. Fabius Buteo Modianus and after the issue of the Formula, I have posted several messages and calls in the following mailing lists:

• Mail List
• Nova Roma Announce
• NR Magistrates
• Nova Roma Tribunalis

And I have sent the same messages and calls directly to Actor and Reus.

In the Formula I fixed as data of meeting for the trial the last Monday Feb. 18th.

When, on Feb 18th , I opened the court I fixed that Actor and Reus or their advocated must be presents in the Nova Roma Tribunalis List on Feb 19th ante meridiem (Roma Time).

Only the Actor has reply my call.

L. Equitius Cincinnatus has decided not to appear before the Praetor court showing his disregard to the laws of Nova Roma, to the other Augurs, to the iudices and to the court chaired by the Praetor M. Curiatius Complutensis

Consecuently and according the Lex Duodecim Tabularum, Tabula II, I hereby declare:

POST MERIDIEM PRAESENTI LITEM ADDICO.

The Lex Duocedim Tabularum, Tabula I and II, says:

SI IN IUS VOCAT, ITO. NI IT, ANTESTAMINO: (Is someone is called to go to the court, he is to go. I he does not go a witness should be called). Actor and Reus were called, and they had the obligation to go to the court.

COM PERORANTO AMBO PRAESENTES: (They shall plead together in person) Both Actor and Reus must be presents in the court to speak. Only Actor was present.

POST MERIDIEM PRAESENTI LITEM ADDICITO: If one of the parties does not appear the magistrate shall adjudge the case, after noon, in favour of the one present.

Our Lex Salicia Iudiciaria is not complete; it seems predict only those cases that the parties, in good faith, go to the Praetor court. In cases like this, we should help ourselves going to the sources of the Roman Law and acting accordingly.

Therefore according the tradition and the Roman Lax, I, the Praetor ACTORI LITEM ADDICO and CODEMNO L. Equitius Cincinnatus Augur for the charges explained by Actor in his Petitio Actinionis.

DE POENA:

According the Lex Salicia Iudiciaria, Pars Sexta, the following penalties shall be inflicted upon the convicted Reus L. Equitius Cincinnatus:

MULTA PECUNIARIA: As the Actor claimed that he has removed from two list in September 2005, the Reus must paid a fine to the treasury of Nova Roma for the amount of 68.00 US$. The Reus shall be counted among the capite censi until the fine has been paid. The fine was considered on basis of the annual tax, with the following formula: 4.00 US$ for 2005 (12.00/12x4), 12.50 US$ for 2006, 15.00 US$ for 2007 and 2.50 US$ for 2008 (15.00/12x2) and since two list are involved I consider each list as separate infraction therefore the result of the formula is doubling.

DECLARATIO PUBLICA: the convicted Reus shall publicly recognize the Actor’s intentio, in the following public fora: Nova-Roma@yahoogroups.com and NovaRoma-Announce@yahoogroups.com . The convicted Reus shall suffer inhabilitato until the declaration has made to the Praetor’s satisfaction.

INHABILITATIO: the convicted Reus shall be disqualified from voting and holding magistracy, for one year (counted from the date of this sentence). He shall be removed of all priesthoods and titles and he will lose the agnomen Augur.

ITEM PLUS,

L. Equitius Cincinnatus showed cotempt for the Tribunal system by not answering the Praetores. That is worse offense than the crimes with wich the Actor charged him. The Reus refuses to respect the law and any authorities. That places him in a state of rebellion. Contempt for the law, contempt for the tribunal system, contempt towards the authority of the Praetores.

Therefore COMDEMNO the Reus to the following additional penalty:

MULTA PECUNIARIA: By right, under current law, would be justified to hand down a verdict of EXATIO, instead it the Reus must paid a fine to the treasury of Nova Roma for the amount of 300.00 US$, because we must establish the authority of our judicial system, and therefore we cannot tolerate anyone to remain a Citizen and not suffer severe penalty when he or she shows contempt to the officers of the law. The Reus shall be counted among the capite censi until the fine has been paid.

Hereby I ask for help and cooperation of Censores of Nova Roma to implement the poenas and to put a nota in the record of the Reus in the Album Civium with poenas and terms of this sentence.

Given under my hands this 20th day of February 2761 from the founding of Roma, during the Consulship of M. Moravius and T. Iulius

M•CVRIATIVS•COMPLVTENSIS

PRÆTOR NOVÆ ROMÆ

Senator

Prætor Hispaniæ

Scriba Censoris KFBM

NOVA ROMA

De Petitio Actionis

M.CVRIATIVS.COMPLVTENSIS PRÆTOR NOVÆ ROMÆ

Sententia

Ex officio Praetoris M. Curiatius Complutensis

After the Petitio Actionis of M.Moravius Piscinus Horatianus and after the issue of the Formula, I have posted several messages and calls in the following mailing lists:

Mail List Nova Roma Announce Nova Roma Tribunalis

And I have sent the same messages and calls directly to Actor and Reus.

In the Formula I decided that the date to initiate the trial, would be the 3rd of March of this year.

Only the Actor replied to my call.

As he did before, L. Equitius Cincinnatus has decided not to appear before the Praetor court showing his disregard to the laws of Nova Roma, to the Iudices, to the court chaired by the Praetor M. Curiatius Complutensis and to the other citizens of Nova Roma. But this time L. Equitius decided to appoint Ti. Galerius as his lawyer.

According to the Formula:

b. If the Reus is not present at the trial, he or she automatically loses the case because if the Reus does not offer a defense, then it is nollo contendere and left to the Praetor to decide his sentence, because he has acquiesced to a verdict of guilt, and will face charges for contempt. c. The Praetor may, at his discretion, defer the trial if a guarantor or vindex guarantees that the cause of non-appearance, by the actor or Reus, is justified by unforeseen. This vindex or guarantor will be fined if his sponsored part is not present at trial on the new date set by Praetor.

I could have sentenced then, but I preferred to accuse the Reus of contempt and continue with the trial, allowing the lawyer to present the case in absentia of the Reus.

The Actor and the Advocatus of the Reus have presented the evidences and the Iudices have heard the parties.

The Iudices individually issued their sentences and the tribunal's majority decision was "CONDEMNO". (7 CONDEMNO + 3 ABSOLVO)

DE POENA

According the verdict issued by the Iudices the Reus L. Equitius Cincinnatus was condemned and according the Formula, the following penalties shall be inflicted upon the convicted Reus L. Equitius Cincinnatus: INHABILITATIO and EXATIO and the Praetor shall enforce any penalties through his imperium.

Consequently I hereby declare actori litem addico et reum condemno.

I - According to the recommendations of the Iudices, only the penalty of inhabilitatio will be inflicted upon the convicted Reus for the charges claimed by the Actor: the Reus will not be able to hold any magistrature during a period of two years, as of the date in which the present edict is published.This penalty shall be changed to Multa pecuniaria for the amount of 50.00 $ and inhabilitatio for the period of one year if the Reus,in the term of 15 days counted from the date of this setence, gives the control of the lists on which has been discussed to Pontifex Maximus and to the Consules, and once that the Pontifex Maximus and the Consules have established that the lists contain all the original files and messages.

II - For the charge of contempt to the court, in which the Reus has incurred ignoring the Formula and my call, I condemn the Reus to the penalty of multa pecuniaria for the amount of US $150.00. This amount shall be diminished to US $ 50.00 if the Reus, in the term of 30 days counted from the date of this sentence, publicly recognizes the Actor’s intentio and presents his public apologies to the Tribunal and Nova Roma. This declaratio publica must be made in the following public fora: Nova-Roma@yahoogroups.com and NovaRoma-Announce@yahoogroups.com.

The Reus shall be counted among the capite censi until the fines have been paid.

Hereby I ask for help and cooperation of Censores of Nova Roma to implement the poenas and to put a nota in the record of the Reus in the Album Civium with poenas and terms of this sentence.

Finally I want to thank the Iudices for his work, on my behalf and on behalf of the Res publica.

This edict takes effect immediately.

Given under my hand on March 31st 2008 CE

Pr. Kal. Apr. MMDCCLXI M. Moravio T. Iulio cos

M•CVRIATIVS•COMPLVTENSIS

PRÆTOR NOVÆ ROMÆ