TRIBUNE P. MINIUS ALBUCIUS EDICT (n 58-12) ON THE CONVENING OF THE COMITIA POPULI TRIBUTA



I, Publius Minius Albucius, Tribune of the Plebs, by the authority 
vested in me by the Constitution and the laws of Nova Roma,

In view of the Constitution of Nova Roma, specially its article 
III.C., IV.7.d2 and IV.A.5,
In view of my Edict 58-9, 22 January 2005, on the convening of the 
comitia plebis tributa,
In view of Lex Salicia de Tribunicia Comitiorum Convocatione, 26 
nov. 2002,
In view of Lex Fabia de Ratione Comitiorum Populi Tributorum, 2 dec. 
2003,
In view of the censorial message, 23 January 2005, giving 
confirmation that patrician citizens are above 10 % of the total 
amount of novaroman citizens, which allows the Tribunes of the Plebs 
to call to order the comitia populi tributa,

Considering that the legal rules in Nova Roma ask that a matter 
interesting all the People of Nova Roma shall be presented to the 
comitia populi tributa,
Considering that the bills on  the aediles of the Plebs (Lex Minia 
de aedilibus plebis)  and on 
 the resignation of citizenship and of office (Lex Minia de 
eiuratione civitatis officiorumque)  need the largest debate 
through the appropriate places,
Considering the interest of a productive collaboration between the 
magistrates of Nova Roma,


Edicts :


Article 1

The Comitia populi tributa are called to order.


Article 2 

The schedule of this comitial session is the following one :

- debates (contio) :

    . beginning on January 26, 2005, at 23 :59 Rome time ;
    . ending on January 31, 2005, at 23 : 59 Rome time.

- vote :

    . beginning on February 18, 2005, at 12 :01 Rome time ;
    . ending on February 25, 2005, at 12 :01 Rome time.


Article 3 

The agenda of this comitial session is the following one :


2.  Adoption of two laws :

2.1.   Minian law on the aediles of the Plebs (Lex Minia de 
aedilibus plebis)  whose draft   
    text is added below.
 
2.2.   Minian law on the resignation of citizenship and of office 
(Lex Minia de eiuratione 
   civitatis officiorumque)  whose draft text is added below.


Article 4 

The appropriate magistrates of Nova Roma and their departments are 
responsible, as far as each one is concerned by the present edict, 
for executing it. This edict which will be published in the 
Tabularium of Nova Roma.


Issued in Caen, city of the Viducasses, France, this twenty sixth 
day of January, 2005 C.E. (26 January 2758), during the consulate of 
Fr. Apulus Caesar and Ga. Popillius Laenas 


LAW TEXTS PROPOSED TO ADOPTION (cf article 3.2.1 above)


First text


MINIAN LAW ON THE AEDILES OF THE PLEBS 
(LEX MINIA DE AEDILIBUS PLEBIS)


The comitia plebis tributa have adopted by XX votes
against YY with WW abstentions the following text.

Tribune P. Minius Albucius, as presiding magistrate,
promulgates the law in the following terms :


In view of article IV.A.5 of the Constitution of Nova
Roma which creates ordinary magistrates designated as
"Aediles of the Plebs" ;

In view of the Gryllan law on the securing of
magistrates of the Plebs (lex Grylla de securandis
magistratus plebis) of November 14,1999 ;

In view of the Arminian law on the duties of
Aediles of the Plebs (lex Arminia de officiis aedilium
plebis) of June 2, 2004 ;

In view of the Arminian law on the cursus honorum
(lex Arminia de cursu honorum) of June 2, 2004 ;

In view of the Fabian centuriate law (lex Fabia
centuriata) of December 2, 2003 ;

In view of the management and moderation of public
forums ;

In view of the need to specify the functions of these
Aediles in order best to implement the constitutional
rules which concern them ;

In view of the need to strengthen the coherence of the
institutions of the Plebs ;

Whereas a law may not restrict the dispositions
laid down by the Constitution of Nova Roma ;

It is disposed:


Article 1

In the present law, "aedility of the Plebs" means
either the office held by one or more Aediles of the
Plebs (hereinafter called also "Aediles"), or the institution 
as a whole, whatever the number of Aediles of the Plebs 
in office at a certain time.


Article 2

The Arminian law on the functions of the Aediles of
the Plebs (lex Arminia de officiis aedilium plebis) of
June 2, 2004 is abrogated and replaced by the present
law.

The Arminian law on the cursus honorum (lex
Arminia de cursu honorum) of June 2, 2004 is abrogated
and replaced by the present law.


Article 3

Citizens belonging to the order of the Plebs, and
thus called "plebeians", are the only ones
authorized to stand for the plebeian magistracies
defined by the Constitution of Nova Roma.


Article 4

The only plebeians authorized to stand for the
aedility of the Plebs are those who are able to prove
that they have served for at least one year as Tribune
of the Plebs, quaestor, curator, provincial governor,
or assistant (scribe) to an Aedile of the Plebs. In
the last office, the scribe must be serving at the date
when the comitia are convened for the election of one
or both Aediles of the Plebs.


Article 5

According to the Constitution, Aediles of the Plebs
are fully responsible for the following duties:

- the organization of public games and other festivals, events, and 
gatherings ;
- the maintenance of order during public religious events ;
- the management of any public property that the State of Nova Roma 
may acquire ;
- the administration of law.

By the present law, Aediles are also entrusted with the two 
following duties :

- the management (also called in this special case "ownership") of 
the public forums 
  of the comitia plebis tributa;

- the preservation of the whole legal corpus of Nova Roma, in force 
or obsolete, which concerns the Plebs or which has been edicted or 
promulgated by magistrates of the Plebs.

For these two duties, the Aediles are directed to maintain a close 
collaboration  with the Tribunes of the Plebs.


Article 6

Aediles of the Plebs shall exercise their functions
jointly. They may divide up, as they see fit, the
duties that they have to carry out, so as to render the
best public service to the citizens of Nova Roma.

When an election, in the appropriate and duly convened comitia, does 
not succeed in filling an aedilician office and then creates a 
prolonged vacancy of this office, the Aedile of the Plebs who is 
alone in office shall take charge of all the tasks which are 
ordinarily entrusted by constitution, laws,
edicts, &c. to both Aediles.


Article 7

According to article 5 above, the Aediles are
responsible for the organization of public games and
other festivals, events, and gatherings.

The public games whose organization is incumbent on
the Aediles of the Plebs are the games of Ceres and
the Plebeian games. Both events are acknowledged as
official games of the Republic of Nova Roma and shall
thus receive the support of all the institutions of
Nova Roma and the financial commitment of the State as
far as necessary.

Aediles of the Plebs shall appoint and organize, as
they see fit, the dates of the games, their length,
and their agenda.

The Aediles shall manage the budget of the games - if
there be one - and make expenditures and receipts
according to the rules defined by any relevant senatus
consultum. The treasury of Nova Roma will reimburse,
upon presentation of proofs of expenditure, all
expenses incurred by the Aediles from their own
pockets.

When the treasury of Nova Roma is asked by the Aediles
to participate in the organization, occurrence,
development, or financing of the games, the Aediles
must create a presentation file which contains :
- an estimated budget for each event, including
  expenses and receipts provided for ;
- a summary presentation note accompanying this
  budget ;
- any useful additional documents.

This file shall be sent to a Tribune of the Plebs, who
shall immediately convene the Senate, to examine these documents. 
The Tribune shall pass this file to the Senate, and may add her / 
his own comments. 

The Senate shall approve or reject this file. A rejection forbids 
the Aediles to organize the games, unless they do it without funds 
from Nova Roma. An approval allows the games to be organized at the 
expense of the treasury of Nova Roma as 
set out in the file. The Senate shall modify, if necessary, 
the general budget of Nova Roma in collaboration with the
consular quaestors.

The Aediles shall supervise these events with an eye
to their correct development, their morality, their
dignity, and their respect for the values of Nova
Roma. They shall maintain order at these events.
 
In case of default or prolonged vacancy of both
Aediles, the Tribunes of the Plebs shall act in
concert with the consuls to ensure that the games take
place. In this case, the curule Aediles may be invited
to take responsibility for the games, but may not be
compelled to do so.


Article 8

According to article 5 above, the Aediles are
responsible for the maintenance of order during public
religious events. They shall thus supervise these
events with an eye to their correct development, their
morality, their dignity, and their respect for the
values of Nova Roma.

The Aediles shall perform this duty in collaboration
with the priestly colleges and their delegates.

This task is to be performed within the limits set
down by the law of Nova Roma and by the laws to which It is 
submitted.


Article 9

According to article 4 above, the Aediles are
responsible for the management of any public property
that the State of Nova Roma may acquire.

In the present law, the word "property" means any
personal property or real estate as defined by the law
of Nova Roma or, in the absence of any relevant law of
Nova Roma, as defined by the macronational legal rules of the
place where the property is duly registered.

In the present law, the word "public" signifies
any property, as defined above, acquired by Nova Roma
according to its law, whatever its use.

All public property entrusted to the Aediles is
considered to have been acquired according to the
macronational law of the country where the property is
located or where the contract took place by which Nova
Roma acquired the property.

Any Aedile who suspects that any public property
entrusted to him has been acquired irregularly, as set
out in the paragraph above, may issue a note in which
she / he officially exempts herself / himself from
responsibility, considering the facts which have come
to her / his knowledge.

The Aediles shall present every year to the Senate a
report on the management of the public property
entrusted to them. This report, before it is presented
to the Senate, shall be sent to the Tribunes of the
Plebs and to the consuls, who may add their own
comments. These comments shall be communicated to the
Senate together with the report. The Tribunes of the
Plebs shall convene the Senate for this purpose.

"The Senate shall ratify or reject this report. A
rejection exempts the State from responsibility for
the Aediles' management, and the Aediles must take
responsibility under the law of Nova Roma and any
relevant macronational law."

Exceptionally, even if the term of the Aediles' annual
mandate has been reached, their term may be extended
until their modified report has been approved by the
Senate. This extension is solely to allow the Aediles
to modify the report, and shall not prevent the newly
elected Aediles from entering office and taking up
their duties.


Article 10

According to article 5 above, the Aediles are
responsible for the administration of law.

This responsibility is held concurrently with the
responsibility of other magistrates who have the same
responsibility.


Article 11

According to article 5 above, the Aediles are
responsible for the management (also called in this
special case "ownership") of the public forums of the
comitia plebis tributa.

They shall supervise these forums with an eye to good
behaviour, dignity, and respect for civil rights and
for the values of Nova Roma.

They shall comply with any request by a presiding Tribune of the 
Plebs to issue a communication in these forums.

The management of the comitia plebis tributa is the responsibility 
of the Tribunes of the Plebs.


Article 12

According to article 5 above, the Aediles are
responsible for the preservation of the whole legal corpus
of Nova Roma, in force or obsolete, which concerns the Plebs or 
which has been edicted or promulgated by magistrates of 
the Plebs. 

This provision concerns obsolete law as well as
current law and does not limit the way in which the
law is compiled (whether individually, by type, in a
codex, &c.)

This duty is to be performed in close collaboration
with the Tribunes of the Plebs.

The Aediles shall comply, within these limits, with
every instruction by a Tribune of the Plebs as well as
with every request by a Tribune of the Plebs for a new
or forgotten document, support or rule, to be inserted. 
The Aediles shall communicate to the Tribunes of the Plebs, 
on request, all information contained within the collections which 
they manage.

In addition to the duty of conserving the plebeian legal corpus, 
the Aediles shall take care to provide the citizens of Nova Roma 
with the best possible public service by means of access to the 
collections which they manage. 


Article 13

In order to perform their duties, the Aediles of the
Plebs shall organize their staffs as they see fit.
Like the other magistrates dealt with by the
Constitution of Nova Roma, they may issue edicts,
appoint assistants (scribes) to whom they may delegate
their powers as limited by legal rules, create discussion
forums (also called "lists") whose membership may be,
at their discretion, either public or restricted to
administrative and managerial communication within the
Aediles' staffs.


Article 14 

An Aedile of the Plebs may also be a senator under
the conditions set out in the Arminian senatorial
law (lex Arminia senatoria) of June 2, 2004, but shall not, as any 
magistrate or office holder defined by the paragraph IV.A. of the 
Constitution of Nova Roma, hold at the same time another office 
defined in this paragraph.


Article 15

The part of paragraph II.B.1 of the Fabian centuriate
law (lex Fabia centuriata) of December 2, 2003 which
concerns the Aediles of the Plebs is replaced by the following 
paragraph :

 II.B.1. MAGISTRATI ORDINARII
If a magistrate only serves part of his term as a suffectus or 
resigns his/her office while in office, Past Service points will be 
awarded partially. This will be based on two-month increments 
rounding down. Current Service points will be awarded for the period 
remaining, also based on two-month increments rounding down. 
Censor:
30 CP
15 CP (past service)

Consul:
30 CP
15 CP (past service)

Praetor and Tribunus Plebis:
20 CP
10 CP (past service)

Aedilis curulis or plebis
14 CP
7 CP (past service)
 
Quaestor and Vigintisexvir:
10 CP
5 CP (past service) 



The present law shall be executed as a law of
the Republic of Nova Roma.


Issued in Roma, on [month] [day], 2005/2758 a.u.c.
during the consulate of Fr. Apulus Caesar and Ga. Popillius Laenas 

The presiding magistrate,
P. Minius Albucius
Tribune of the Plebs



Second text


MINIAN LAW ON THE RESIGNATION OF CITIZENSHIP AND OF OFFICE
(LEX MINIA DE EIURATIONE CIVITATIS OFFICIORUMQUE)


The comitia plebis tributa have adopted by XX votes
against YY with WW abstentions the following text.

Tribune P. Minius Albucius, as presiding magistrate,
promulgates the law in the following terms:


In view of the Constitution of Nova Roma, specifically
its paragraph II.A.4 ;

In view of the Cornelian Marian law on the
resignation of citizenship (lex Cornelia Maria de
civitate eiuranda) of May 20, 2001 specifically its
first and second paragraphs ;

In view of the need to clarify the conditions of
resignation of citizenship and of office in Nova Roma ;


It is disposed :



Article 1

The first (I) and second (II) paragraphs of the
Cornelian Marian law on the resignation of
citizenship (lex Cornelia Maria de civitate eiuranda)
of May 20, 2001are replaced by the following ones :

 I. Resignation of citizenship from Nova Roma, as
stated in paragraph II.A.4 of the constitution of Nova
Roma, is made either by notification to the censors, or 
by a message posted to an official Nova Roma e-mail
list or electronic message board.

The information then communicated must make clear, from 
the citizen willing to resign of her/his novaroman citizenship, 
her/his clear intent to do it. 

If the citizen specifies a future date from which her / his 
resignation shall become effective, the following rules will apply :

a) if this date is more than eight (8) days after the
day when the notification is sent, the resignation
will be effective from this date specified ;

b) if this date is fewer than eight (8) days after the
day when the notification is sent, the resignation
will be effective from the ninth day after the day
when the notification is sent, regardless of the date
specified.

If the citizen does not specify a date for her / his
resignation, the resignation becomes effective on the
ninth day after the day when the notification is sent.

This eight day period is called, for the purpose of the
present law,  the nundinum .

The resignation may be published through a message
posted either to the e-mail "Main List" of Nova Roma,
or to another official e-mail list or electronic message 
board of Nova Roma.

A message of resignation posted to the e-mail "Main
List" of Nova Roma is considered, because of the large
membership of this list, to be communicated to many
citizens. Accordingly, the nundinum shall begin
immediately from the registered posting date of the
resignation message.

If a message of resignation is posted to another
official e-mail list or electronic message board, the
nundinum shall begin as soon as the message has been
followed, in the chronological list of the messages
sent to the list or board in question, by at least
three messages posted by three different citizens.

A resignation communicated verbally or in writing to
the censors must be published by them on the "Main
List" of Nova Roma no more than 18 hours after they
received it. In doing so, the censors shall also state
the date and hour when they received the resignation,
and the nundinum shall begin from this date and hour.

In the present law :

- "date" and "day" mean the calendar date of the
action in question and its hour, if the hour is known ;

- periods of time, as for example the nundinum, are to
be counted from the date and hour in question.


 II. The nundinum allows the resigning citizen to
withdraw his or her resignation. During it, the
resigning citizen keeps all her / his rights of citizenship. 
When the nundinum ends, the person in question 
automatically loses her / his citizenship if she / he has not 
previously withdrawn her / hisresignation.

The citizen in question may, during the nundinum,
freely withdraw her / his resignation without penalty, except 
as defined in the third paragraph of this law. 
This withdrawal must take the form of a message posted to the e-
mail "Main List" of Nova Roma making clear the decision of the 
citizen to withdraw her / his former resignation. 
The subject of this message, written in capital letters, must be :
"RESIGNATION WITHDRAWAL". A citizen who does not
follow these formal rules is considered not to have withdrawn her / 
his resignation.

During the nundinum, a citizen who has declared her / his 
resignation also keeps all her / his duties toward the Res publica. 
Thus a citizen who holds at that time one or more public office(s), 
honour(s), or distinction(s) shall retain this (these) and continue 
to perform her / his duties as normal.

A citizen who does not perform her / his public duties
during the nundinum shall receive, during this period
or after its end, if the citizen in question is still in default, an 
admonition. This admonition shall be issued by edict by her / his 
magistrate if the citizen is an apparitor, or, in the case of other 
positions provided for by the constitution of Nova Roma, by one of 
the censors or, if the citizen in question holds a
collegial magistracy (one which she / he holds with at least one 
other citizen), by one of her / his colleagues.

A citizen who withdraws her / his resignation as provided by this 
law but who receives such an admonition must request authorization 
to resume office. Authorization may only be granted by the agreement 
of both censors together with all the
citizen's colleagues in office.

If any one of these magistrates does not agree to give
authorization, the citizen in question is considered to have 
resigned her / his office. This authorization must be issued by 
edict within eight days from the request of the citizen. 
If no authorization is given within these eight days, the request is 
considered to have been rejected, and the citizen in question is 
considered to have resigned her / his office.

If by the means mentioned in the present law a citizen is considered 
to have resigned her / his office, an election to fill the vacancy 
thus created shall be organized as soon as
possible by the appropriate magistrates. 


The present law shall be executed as a law of
the Republic of Nova Roma.


Issued in Roma, on [month] [day], 2005/2758 a.u.c.
during the consulate of Fr. Apulus Caesar and Ga. Popillius Laenas 

26 January MMDCCLVIII

TABVLARIVM

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