by Horatius Piscinus on Thu Jan 01, 2004 3:10 pm
Salvete Tiberi Corunaci et sodales omnes
I am glad you have found your way through my reasoning. The Regula Fundamentalis has provisions that at times can prove difficult to implement and at other times does not have provisions to deal with things as they arise. I do not accept that any magistrate should act arbitrarily as situations arise, but should try to work within the Regula's framwork, and when that is not posiible to work within the precedence set in the ancient Res Publica Libera.
There were a number of things in the elections that were not carried out in accordance with the Regula. Voter codes were not sent out, the cista was not made in time, the rogatores apparently did their part but had not communicated with the consules properly. The role of a consul in any elections is oversight. I have been engaged elsewhere for the past few weeks and did not provide proper oversight to ensure that all those involved in holding the elections had received proper instructions and carried out their duties in accord with the Regula. I take full responsibility. With the consent of the Senate I therefore voided the elections and called for new elections.
The terms of office for our magistrates were to expire as of 1 January, leaving us with only one magistrate still in office, Censor Locatus. In the ancient Republic this situation was not uncommon and was addressed by appointing an interrex. As you recognize our Regula makes no provision for such an office or for such a situation as arose. But the Regula does provide for a senatus consultus ultimus granting the consules such powers as the Senate may adopt. It was under a SCU that I so created an interrex to act in place of the consules, and prorogated for one month those magistrates necessary for conducting an election.
If anyone would have the opportunity to read through the Senate's archives they will find that I have always been very conscious of setting precedents for our Societas, and that I have often proposed a complete revision of our Regula. You would have to go elsewhere though to read my discussions with conditor Florus over the provision for an SCU. In Roma antiqua the Senate never really had such authority and I questioned whether we should make such a provision because of its potential for abuse. But the provision is there, so one thing I wished to do in employing an SCU was to set a precedent that the Senate only adopt such a measure with a very narrow authorization. The decision to name an interrex, and to name Locatus as interrex, and what was to be his role, were all decided upon in the Senate before the SCU was adopted. The Regula does not provide for the appointment of a dictator and I do not wish to see its provision for a SCU turn into the creation of a dictator or grant the consules dictatorial powers. Thus the invention of an interrex with a set role established by tradition. So I hope that I have set some precedent for the future Senate on how and when to apply such a measure. The next duly elected praetores can then decide how far I have stretched the Regula to deal with our current situation.
Valete optime
M Horatius Piscinus
Sapere aude!