Edicta of Praetores MMDCCLXI

From NovaRoma
(Difference between revisions)
Jump to: navigation, search
(IX. Appeal and Reduction of fines)
(X. Provocatione ad Populum)
Line 770: Line 770:
 
2.    The fines for contempt may be reduced by up to 90%, at discretion of the Praetores,  in the case that the fined citizen carry out the mandate or of the Praetores or of the Court
 
2.    The fines for contempt may be reduced by up to 90%, at discretion of the Praetores,  in the case that the fined citizen carry out the mandate or of the Praetores or of the Court
  
==X. Provocatione ad Populum==
+
===X. Provocatione ad Populum===
  
 
   
 
   
Line 779: Line 779:
  
 
2.    In those cases where a sententia does not imply a loss of citizenship, the reus shall have the right to publicly claim a confirmation vote from the Comitia Populi Tributa within fifteen (15) days after the issue of the sentence. Once the reus claims this right, the consules shall call the Comitia Populi Tributa . Should the Comitia Populi Tributa confirm the sententia, the sententia shall be applied. Should the Comitia Populi Tributa  vote against the sententia, the sententia shall be nullified.
 
2.    In those cases where a sententia does not imply a loss of citizenship, the reus shall have the right to publicly claim a confirmation vote from the Comitia Populi Tributa within fifteen (15) days after the issue of the sentence. Once the reus claims this right, the consules shall call the Comitia Populi Tributa . Should the Comitia Populi Tributa confirm the sententia, the sententia shall be applied. Should the Comitia Populi Tributa  vote against the sententia, the sententia shall be nullified.
 
 
  
 
==XI. Execution of Judgements==
 
==XI. Execution of Judgements==

Revision as of 20:20, 3 January 2009


Praetor-logo.png This page is maintained under authority of the Praetores. Make no unauthorized changes .


Contents

Edictum : EDICTUM PRAETORIUM CURIATI-IULI DE SCRIBAE CREATIONE

Ex Officio Praetoris Nova Roma

Ex hoc, nos ambo praetores cives M. Moravium Piscinum Horatianum,T. Iulium Sabinum, Cn. Equitium Marinum, Cn. Cornelium Lentulum, Pl. Memmium Albucium scribas ad moderandum Forum Praecipuum Novae Romae creamus.

Nullum ius iurandum ab eis poscetur.

Hoc edictum ilico valet.

Datum sub manibus nostris Kal. Ian. MMDCCLXI A.V.C.

M.Moravio T.Iulio cos.


By this edict, we the praetors both appoint citizens M. Moravius Piscinus Horatianus, T. Iulius Sabinus, Cn. Equitius Marinus, Cn. Cornelius Lentulus and Pl. Memmius Albucius scribae as moderators of the Nova Roman Main List.

No oath shall be demanded of them.

This edict takes effect immediately.

Given under our hands this 1st day of January 2761 from the founding of Roma


Por este edicto, nosotros los praetores nombramos a los siguientes ciudadanos M. Moravius Piscinus Horatianus, T. Iulius Sabinus, Cn. Equitius Marinus, Cn.Cornelius Lentulus an Pl. Memmius Albucius scribae para la moderación del Foro de Nova Roma.

No se requiere juramento para ellos.

Este edicto entra en vigor inmediatamente

Dado a 1º de Enero de 2761 desde la fundación de Roma


M. Curiatius Complutensis

M. Iulius Severus

Praetores


Edictum : EDICTUM PRAETORIUM CURIATI DE SCRIBA CREATIONE

Ex Officio Praetoris Nova Roma


Ex hoc, cives K. Fabium Buteo Quintilianum scriba praetoris creo.

Nullum ius iurandum poscetur.

Hoc edictum ilico valet.

Datum sub manibus nostris Kal. Ian. MMDCCLXI A.V.C.

M.Moravio T.Iulio cos.



By this edict, I appoint citizen K. Fabius Buteo Quintilianus scriba praetoris.

No oath shall be demanded.

This edict takes effect immediately.

Given under our hands this 1st day of January 2761 from the founding of Roma during the Consulship of M.Moravius and T. Iulius




Por este edicto, nombro al ciudadano K. Fabius Buteo Quintilianus scriba praetoris.

No se requiere juramento.

Este edicto entra en vigor inmediatamente

Dado a 1º de Enero de 2761 desde la fundación de Roma en el Consulado de M.Moravio y T. Iulio


M. Curiatius Complutensis

Praetor



Edictum: EDICTUM PRAETORIUM CURIATI II DE FORI NOVAE ROMAE

Ex officio Praetoris

All those people who were included in the mailing lists (Nova-Roma and NovaRoma-Announce) as bouncing members will be removed from them.

Valete

MARCVS CVRIATIVS COMPLVTENSIS

PRAETOR

[1]

</div>

Edictum : EDICTUM PRAETORIUM CURIATI-IULI II DE SCRIBAE CREATIONE

Ex Officio Praetoris Nova Roma

Ex hoc, nos ambo praetores cives G. Iulius Adventor et M. Octavius Corvus scribas ad moderandum Forum Praecipuum Novae Romae creamus.

Nullum ius iurandum ab eis poscetur.

Hoc edictum ilico valet.

Datum sub manibus nostris a.d. VII Id. Ian. MMDCCLXI A.V.C.

M.Moravio T.Iulio cos.


By this edict, we the praetors both appoint citizens G. Iulius Adventor et M. Octavius Corvus scribae as moderators of the Nova Roman Main List.

No oath shall be demanded of them.

This edict takes effect immediately.

Given under our hands this 7th day of January 2761 from the founding of Roma


Por este edicto, nosotros los praetores nombramos a los siguientes ciudadanos G. Iulius Adventor et M. Octavius Corvus scribae para la moderación del Foro de Nova Roma.

No se requiere juramento para ellos.

Este edicto entra en vigor inmediatamente

Dado a 7 de Enero de 2761 desde la fundación de Roma


M. Curiatius Complutensis

M. Iulius Severus

Praetores


Edictum: EDICTUM PRAETORIUM DE SERMONE (CVRIATI IVLI III)

Ex officio praetorum:

The Nova-Roma mailing list is the principal forum for Nova Roma. Citizens of Nova Roma and interested non-citizens alike are welcome. All users, citizen and non-citizen alike, shall abide by these rules when posting to the Nova Roma mailing list. Violations of these rules will result in corrective action, which may include banning from the list for non-citizens and restriction of posting privileges for citizens.


I. Language

Nova Roma's official business language is English, and its official ceremonial language is Latin. There are other non-official languages that must be considered as common use languages, due to the international nature of the Nova Roman community. To insure timely posting, write your posts in English, Latin, Spanish, French, German, Portuguese or Hungarian. If you write your posts in languages other than the above mentioned, they may be delayed for some time until the moderators can obtain a translation.


All official government documents must appear in English/Latin as well as whatever vernacular languages are relevant.

II. Topics of discussion

Nova Roman business, community, governmental, religious, and other state activities

The culture, religion, sociology, politics, history, archaeology, and philosophy of Roma Antiqua, ancient Greece, the ancient Near East, and other cultures with which the ancient Romans interacted.

Discussions may sometimes go into subjects beyond these topics, but such digressions should be brief and related to the listed topics. Messages of this kind must be clearly marked as “off topic”.

III. Civil Discourse

All on-list exchanges between users of the Nova-Roma mailing list will follow these rules of civil discourse:

Show respect for others.

Recognize a person’s right to advocate ideas that are different from your own.

Discuss policies and ideas without attacking people.

Use helpful, not hurtful language.

Write as you would like to be written to.

Restate ideas when asked.

Write in good faith.

Treat what others have to say as written in good faith.

Respectfully read and consider differing points of view.

When unsure, clarify what you think you have read.

Realize that what you wrote and what people understand you to have written may be different.

Recognize that people can agree to disagree.

Speak and write for yourself, not others.


IV. Forbidden

The following are forbidden:

Unsolicited commercial e-mail (UCE or spam)

References or discussions to material of a sexual nature that are not strictly within the context of a historical discussion, with citations given, unless the material is a matter of common knowledge

Links to external websites or files which contain material that might reasonably be deemed obscene or pornographic.


Insulting the religious beliefs of others, and the historical basis for those beliefs, is off limits.


This edict takes effect immediately.


Given under our hands this 20th day of January 2761 from the founding of Roma


M. Curiatius Complutensis

M.Iulius Severus

Praetores Novae Romae


Edictum : EDICTUM PRAETORIUM DE SERMONE II (CURIATI-IULI IV)

Ex officio Praetorum:

We modify hereby the section I. Language, of our Edictum de Sermone (Curiati Iuli III), so that its final wording is as follows:

Nova Roma's official business language is English, and its official ceremonial language is Latin. There are other non-official languages that must be considered as common use languages, due to the international nature of the Nova Roman community. To insure timely posting, write your posts in English, French, German, Hungarian, Italian, Latin, Portuguese or Spanish. If you write your posts in languages other than the above mentioned, they may be delayed for some time until the moderators can obtain a translation.

This edict takes effect immediately.

Given under our hands this 22nd day of February 2761 from the founding of Roma


M.Moravio T.Iulio cos.



M. Curiatius Complutensis

M. Iulius Severus

Praetores


Edictum : EDICTUM PRAETORIS IULI (III) DE SCRIBAE CREATIONE

Ex Officio Prætoris Nova Roma

Ex hoc, cives Marca Hortensia Maior scriba prætoris creo.

Nullum ius iurandum poscetur.

Hoc edictum ilico valet.

Datum sub manu mea a.d. VI Kal. Mar. ‡ M. Moravio T. Iulio cos. ‡ MMDCCLXI A.V.C.


By this edict, I appoint citizen Marca Hortensia Maior scriba prætoris.

No oath shall be demanded.

This edict takes effect immediately.

Given under my hand this 23rd day of February 2761 from the founding of Roma, during the Consulship of M.Moravius and T. Iulius


Por este edicto, nombro a la ciudadana Marca Hortensia Maior scriba prætoris.

No se requiere juramento.

Este edicto entra en vigor inmediatamente

Dado a 23 de febrero de 2761 desde la fundación de Roma, en el Consulado de M. Moravio y T. Iulio


M•IVL•SEVERVS PRÆTOR•NOVÆ•ROMÆ

Edictum : EDICTUM PRAETORIS IULI (IV) DE EDICTO PRÆTORIS IVLI DE SCRIBA CREATIONE RESCINDENDO

Ex hoc Edictum Praetoris Iuli de Scriba Creatione (Marca Hortensia Maior) rescindo.

Datum sub manu mea a.d. VI Kal. Mar. bis ‡ M. Moravio T. Iulio cos. ‡ MMDCCLXI A.V.C.


I, Marcus Iulius Severus, Praetor of Nova Roma, do hereby withdraw my Edict de Scriba Creatione about the appointment of cives Marca Hortensia Maior as Scriba Praetoris. She let me know that she is not ready to perform those duties.

Given under my hand this 25th day of February 2761 from the founding of Roma, during the Consulship of M.Moravius and T. Iulius


Yo, Marcus Iulius Severus, Praetor de Nova Roma, derogo por este medio mi Edicto de Scriba Creatione acerca del nombramiento de la cives Marca Hortensia Maior como Scriba Praetoris, debido a que la interesada me ha hecho saber que no se encuentra lista para asumir dicha responsabilidad.

Dado a 25 de febrero de 2761 desde la fundación de Roma, en el Consulado de M. Moravio y T. Iulio

M•IVL•SEVERVS PRÆTOR•NOVÆ•ROMÆ

</div>

Edictum : EDICTUM PRAETORIUM DE LUDI APOLLINARES MMDCCLXI (Curiati-Iuli V)

Ex Officio Praetor Urbanus and Praetor Peregrinus Novæ Romæ

1. According to the Official Calendar of Nova Roma festivals, from July 6th to July 13th, the Ludi Apollinares will be celebrated. 2. The celebration will be held in honor of Apollo. The contests are organized by both Praetores and the Praetorian Cohors. 3. We, the Praetor Urbanus, the Praetor Peregrinus and our Cohors, have the honor to present the Ludi Apollinares program:

I July 6th:

  • - Opening.
  • - Religious Celebrations.

II July 7th to 12:

- History. - Photo, video, and historic contests.

II July 13th:

- Results and closing ceremony.

4 The Photo and Video Contest will consist of making a photo or video using one of the themes below (only original entries will be accepted):

a) Apollo. b) Open door lunch or dinner. (A tradition during the Ludi Apollinares was to have lunch or dinner with open doors).

5 The Certamen Historicum will be about the Punic Wars. The questions will be displayed in two groups: one group of 10 questions on Monday 7th June evening, a second group of 15 questions on the evening of Tuesday 8th. The answers are to be sent to: praetores.novaroma2008@gmail.com Before - Thursday 10th 20:30 Rome time for Monday set; - Friday 11th 20:30 Rome time for Tuesday set. You can note that you have one additional day to answer the second group of questions, which counts more questions.

6 There will be a single jury for both contests. The members of the jury will be Consul T. Iulius Sabinus, Censor K. Fabius Buteo Modianus, and Aedile Curulis P. Memmius Albucius.

7 The winners of the Photo and Video Contest and the Certamen Historicum, will be presented with the Corona Ludi Humanitas. Being this year, consecrated to Dea Concordia, the year of Nova Roma’s 10th anniversary, the Praetores will exceptionally use the same award as in the Aedilician Ludi, to reinforce the concept of unity of all Nova Romans.

This Edictum takes force immediately.

Given by our hands, a.d. III Non. Quin. M. Moravio T. Iulio cos. MMDCCLXI a.u.c.

M. CVRIATIVS COMPLVTENSIS PRÆTOR VRBANVS

M. IVLIVS SEVERVS PRÆTOR PEREGRINVS


Edictum : EDICTUM PRAETORIS ABOUT POST IN NOVA ROMA ANNOUNCE LIST (Curiati III)

Ex officio Praetoris

M. Cur. Complutensis omnes civibus SPD

Please remember that personal messages will not be allowed in this list.

This is a low-volume announcement list for citizens of Nova Roma.

"We recommend that edicta, decreta, comitia calls, proposed laws, election results, and other business matters of importance to those who do not subscribe to the Main List be posted here, including magisterial and sacerdotal appointments and oaths of office. If there is any doubt about the suitability of a proposed post, ask the Praetores of Nova Roma."

Questions, answers and other about the announces posted in this list must be posted in the Main List of Nova Roma.

The messages that do not meet these standards will be rejected by the moderators.

This edict takes effect immediately.

Given under our hands this 18th day of November 2761 from the founding of Roma during the Consulship of M.Moravius and T. Iulius

M·CVR·COMPLVTENSIS

PRAETOR

a.d. XIV Kal. Dec. M. Moravio T. Iulio cos. MMDCCLXI a.u.c.

Edictum : EDICTUM PRAETORIUM CURIATI IULI DE IURISDICTIONE PRAETORIS

Praefatio

Praetores

Two praetors are elected by the Comitia Centuriata to serve a term lasting one year. They shall have the following honors, powers, and obligations:

a. To hold Imperium and have the honor of being preceded by six lictors;

b. To issue those edicta (edicts) necessary to engage in those tasks which advance the mission and function of Nova Roma and to administer the law (such edicts being binding upon themselves as well as others);

c. To call the Senate, the comitia centuriata, and the comitia populi tributa to order when the Consuls are unavailable;

d. To pronounce intercessio against another praetor or magistrate of lesser authority;

e. To appoint scribae (clerks) to assist with administrative and other tasks, as they shall see fit.

(Extract from Constitution of Nova Roma IV.A.3)


Imperium

The Comitia Curiatia invest elected Praetores with Imperium , which is necessary to employ Coercitio, interpret and execute law

Extract from Constitution of Nova Roma III.A)


In Nova Roma, we understand Imperium as:

A. Having all the rights of potestas

B. Ius agendi cum populo, calling the People to vote in any of their legislative Comitia.

C. Ius agendi cum senatu, calling to Senate to vote or placing a proposed senatus consultum on the Senate agenda.

D. Ius coercendi maior, the power to compel obedience using major force, on all Nova Roma subjects. In Nova Roma, this explicitly excludes physical force, and includes the force of law.

E. Full iurisdictio, the power to interpret the law, on all levels on all Nova Roma subjects.

(Extract from Lex Arminia de Imperio)



Coercitio

The power of coercitio is the power of the Praetores to impose sanctions on those who (by their conduct) hinder and/or jeopardize the purposes of administration of justice.

I. Intent of this Edictum

1. The intent of this edict, based on the Republican Roman Law, is to complement our Leges Saliciae Iudiciaria et Poenalis for cases not covered explicitly in them, and is based in the Imperium of the Praetores, thus intending to fulfill article IV.A.3.b. of the Constitution of Nova Roma.

2. Procedures and cases not covered explicitly in this Edictum or in the Leges of Nova Roma shall be solved at the discretion of the Praetor.

II. Entitlement to action, formal requirements, scope of a civil suit

A. Opposing parties

1. Each citizen of Nova Roma has the right, without discrimination as regards status, reputation or duration of citizenship, to seek a remedy at the Praetor´s court as plaintiff in civil suits. According the Lex Salicia Iudiciaria the plaintiff shall be addressed in this edictum as "actor". The defendant shall be addressed as "reus".


2. Actor and Reus may be represented by another citizen (advocate). To appoint an advocate a party has to submit a written notice to the Praetor. This notice may be part of the statement of claim. The notice has to relate to all hearings and procedures.


B. Editio Actionis

The actor must announce the action he is intending to exert to one of the praetores ("editio actionis"), and then the actor must ask the praetor to start the procedure ("petitio actionis"). The written statement of claim has to be transmitted to the Praetor directly, via e-mail or other suitable ways, with the following formal requirements:


1. Actor, Reus, advocates and witnesses have to be identified with full legal Roman name.

2. The statement of claim must consist of the facts of the case, the offering of available proof, the applicable law, supporting arguments for the application of law on the facts of the case.

III. Admissibility of claim

A. The Praetor acknowledges the receipt of the claim to the Actor.


B. 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 situations applies:

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

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


B.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.


C. If the claim is dismissed by the praetores, the actor shall be able to present his case again to the praetores in the future, waiting for two new praetores to be elected by the Comitia if necessary.


D. If the claim is approved by the praetores, it shall be presented to a court of justice defined according to this law. The reus shall be informed of the nature of the claim presented against him and of the identity of the actor within thirty-six (36) hours after the claim's approval. The Reus is then obliged to "make an appearance". To comply with this obligation the Reus has to transmit an answering statement with the same formal requirements as for the Actor's statement to the Praetor within one week after its receipt. If the Reus so applies, the Praetor may prolong the time limit for the transmission of the statement. By failing to transmit a statement within the prescribed time limit the Reus automatically loses the case. The Praetor will then render a judgement confirming the claim of the Actor without first appointing a Iudex or iudices.


E. The Reus may acknowledge the claim. In this case the Praetor confirms it by a publicly certified settlement. The settlement has to be announced to the parties and both parties then have to swear a written oath on the settlement. The publically certified settlement and the written oath will be entered into a public record.


F. If the Actor withdraws his claim before judgement, he or she loses the right to address the Praetor's Court with the same case in perpetuity. If the Actor presents new evidence, which is material to the claim itself, the Praetor decides, by his discretion, if the presented evidence are sufficient enough to approve the claim again.

IV. Formula

According the Lex Salicia Iudiciaria:


1. Once a claim has been accepted by a praetor, that same praetor shall prepare a formula to present to the iudices. The formula shall consist of a logical statement that instructs the iudices on the decision they must take. The formula shall be structured into four parts: institutio iudicis, intentio, demonstratio and condemnatio. An explanation of each part follows:


A. INSTITVTIO IVDICIS: This clause appoints a certain iudex to judge the case (see below).


B. INTENTIO: This part expresses the claim of the actor; i.e., it shall express what the actor seeks by petitioning the praetor. There are two kinds of intentio: intentio certa, when the facts that lead to the actor's claim are so obvious that they do not need to be proved, and intentio incerta, when the actor must prove the facts that justify his claim. Example: Intentio Certa: "According to the contract signed by Titius..." Intentio Incerta: "If it is proved that Ticius owes Gaius 1,000 sestertii, Gaius shall pay Ticius that same amount".


C. DEMONSTRATIO: This is the clause that further defines an intentio incerta.


D. CONDEMNATIO: This is the clause that allows the iudices to condemn or absolve.


Example: a formula could be something like this: "Let Sulpicius be the iudex. If it is proved that Ticius owes Gaius 1,000 sestertii, you, iudex, shall condemn Ticius to pay 1,000 sestertii to Gaius; else, you shall acquit Ticius."


The clauses would be: Institutio Iudicis: "Let Sulpicius be the iudex." Demonstratio: "If it is proved that ..." Intentio: "... Ticius owes Gaius 1,000 sestertii ..." Condemnatio: "... you, iudex, shall condemn Ticius to pay 1,000 sestertii to Gaius; otherwise, you shall acquit Ticius."


2. To write down a formula, a praetor shall use one of these sources as a basis:


A. Lex: the intentio and the condemnatio shall never be in disagreement with the current laws of Nova Roma. They must follow these laws when the situation is explicitly treated by them.


B. Iurisprudentia: in those cases where the laws do not present an explicit treatment of a certain situation, a praetor shall create iurisprudentia (jurisprudence) applicable to all similar situations. Iurisprudentia is an expression of the Imperium of the praetor, and it has the same legislative power as a praetorial edictum. Because of this, laws approved by the Comitia shall always supersede iurisprudentia, and a certain praetor can alter previous iurisprudentia through an official edictum whenever common sense dictates that such a course of action is necessary.

V. The Iudices

According the Lex Salicia Iudiciaria:


1. Once the formula is ready, iudices (judges) shall be appointed from the album iudicum, a list of all the citizens that can legally judge a case. The album iudicum shall include the names of all the assidui citizens that have been citizens of Nova Roma for over a year.


2. 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 all the crimes defined by the Lex Salicia Poenalis 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.


3. 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.


B. A citizen thus appointed to a court shall be able to ask for an exemption from that judicial work if there are factors that do not allow him to serve in that position. The praetor must be asked for that exemption within thirty-six (36) hours of the official announcement of that appointment; the praetor shall grant that exemption at his own discretion, or he shall deny it, thus forcing the appointed iudex to serve or face an accusation of contempt.


C. Each party shall be able to dismiss a maximum of three (3) iudices, forcing a new iudex to be aleatorily taken from the album iudicum with each veto. Once both parties agree with a certain group of iudices, or both have already used their three vetoes, the remaining iudices shall be the final iudices, unless one of the preceding paragraphs applies.


D. If both parties can agree on a certain citizen(s) of Nova Roma to judge their case before a definitive group of legal iudices has been appointed, then the praetor shall include that citizen (or those citizens) among the iudices for the current case. Bold text

VI. Iudicium

1. SI IN IUS VOCAT, ITO.

Both parties must be present at the trial on the date set by the Praetor. Any of the parties can choose to appoint an advocatus (advocate or barrister) to speak for them in front of the iudices, or they can choose to speak by themselves. An advocatus shall not receive a fee for his services.


2. COM PERORANTO AMBO PRAESENTES:

Both Actor and Reus must be present in the court to speak; they shall plead together in person.


3. POST MERIDIEM PRAESENTI LITEM ADDICITO

3.a If one of the parties does not appear on the date set by the Praetor the Praetor shall adjudge the case, in favour of the one present.


3.b If the Actor is not present at the trial on the date set by the Praetor means that he or she renounces litigate and he or she loses the right to address the Praetor's Court with the same case in perpetuity and face an accusation of contempt.


3.c 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 non contendere and left to the Praetor to decide his sentence because he has acquiesced to a verdict of guilt, and face an accusation of contempt.


3.d If both parties do not appear on the date set by the Praetor the Praetor they face an accusation of contempt.


3.e If one or both parties, for a justified and certified reason, cannot appear on the date set by the Praetor, shall notify it in advance at least 24 hours.


Having studied the causes, the Praetor may postpone the date of the trial up to a month, setting a new date for holding in agreement with the parties.


3.f 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 circumstances.


This vindex or guarantor will be fined if his sponsored party is not present at trial on the new date set by Praetor.


4. PROCEDURES

A. A Once a tribunal has been appointed, the praetor shall inform the iudices of the formula that they shall apply. The praetor shall decide if the trial is going to be conducted under the public scrutiny or, should the dignitas of innocents be at stake, declare a secret summary and move the trial away from public scrutiny.


B. The actor shall present evidence to back his demands, and then the reus shall present evidence to back his defense. Evidence shall consist of anything that is relevant to the case, including written texts, visual evidence, and the statements of witnesses or experts. In the case of statements, each party shall have the right to ask questions of the witnesses and experts presented by the other party.


C. If the Reus does not offer a defense, then it is non contendere and left to the Praetor to decide his sentence because he has acquiesced to a verdict of guilt.


D. The praetor shall be the final judge to determine what pieces of evidence are relevant to the case.


E. Once both parties have presented their evidence, each party shall have the opportunity to make one final statement in front of the iudices, with the actor speaking in the first place. Then the praetor shall call for a sententia (sentence) from the iudices, according to Pars V of this Edict, reminding the iudices that, in case of doubt, they must *not* condemn the reus.

VII. Sententia

1. Once the praetor has called for a sententia, the iudices shall have seventy-two (72) hours to deliberate; within those seventy-two (72) hours, the iudices shall individually issue one of the following sentences:


a. ABSOLVO: if the tribunal's majority decision is "absolvo", the reus shall be acquitted.


b. CONDEMNO: if the tribunal's majority decision is "condemno", the reus shall be condemned according to the formula previously established by the praetor.


c. Should there be a draw in the tribunal's votes, the reus shall be acquitted.


2. Once all the iudices have issued their sententiae, the praetor shall immediately inform the parties of the sententia, and shall enforce any penalties through his imperium.

VIII. De Criminibus Poenisque

1. The crimes and the penalties are listed in the Lex Salicia Poenalis Pars Altera.

2. Iurisprudentia: in those cases where the laws do not present an explicit treatment of a certain situation, a praetor shall create iurisprudentia (jurisprudence) applicable to all similar situations. Iurisprudentia is an expression of the Imperium of the praetor, and it has the same legislative power as a praetorial edictum. Because of this, laws approved by the Comitia shall always supersede iurisprudentia, and a certain praetor can alter previous iurisprudentia through an official edictum whenever common sense dictates that such a course of action is necessary.

3. Breach of warranty provided by the Vindex: the Vindex may be fined with no small amount equal to the taxes of one year and not over US $ 30.00. The Vindex shall be counted among the capite censi until the fine has been paid.

4. Contempt: The citizen accused of contempt may be fined with no small amount equal to the taxes of two years and not over US $ 100.00 and shall be counted among the capite censi until the fine has been paid.

IX. Appeal and Reduction of fines

1. The sentenced citizen can appeal the fines for contempt before the Praetores.

2. The fines for contempt may be reduced by up to 90%, at discretion of the Praetores, in the case that the fined citizen carry out the mandate or of the Praetores or of the Court

X. Provocatione ad Populum

1. In those cases where a sententia implies a loss of citizenship, the reus shall have the right to publicly claim a confirmation vote from the Comitia Centuriata within fifteen (15) days after the issue of the sentence. Once the reus claims this right, the consules shall call the Comitia Centuriata within fifteen (15) days to vote upon the reus's expulsion. Should the Comitia Centuriata confirm the sententia, the sententia shall be applied. Should the Comitia Centuriata vote against the sententia, the sententia shall be nullified.


2. In those cases where a sententia does not imply a loss of citizenship, the reus shall have the right to publicly claim a confirmation vote from the Comitia Populi Tributa within fifteen (15) days after the issue of the sentence. Once the reus claims this right, the consules shall call the Comitia Populi Tributa . Should the Comitia Populi Tributa confirm the sententia, the sententia shall be applied. Should the Comitia Populi Tributa vote against the sententia, the sententia shall be nullified.

XI. Execution of Judgements

To execute an incontestable judgement or a publicly certified settlement, the Praetor may, on application of a party, call on all legal expedients available to him. He may also call on the help of all Magistrates of Nova Roma, who shall render such assistance as they are reasonably able to do so. The violation of an oath falls under the jusrisdiction of the collegia of the priesthood.


XII. Effective Date of this Edictum

This Edictum becomes effective immediately and will be in effect until formal legislation is enacted by the Comitia.



Hoc edictum ilico valet.

Datum sub manibus nostris a.d. XV Kal. Ian. MMDCCLXI A.V.C.

M. Moravio T. Iulio cos. MMDCCLXI a.u.c.



M.Curiatius Complutensis

M. Iulius Severus

Praetores Novae Romae


Click here to return to Officina Praetoris MMDCCLXI

Personal tools