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The Republic Reborn

Started by Polycarp, January 23, 2012, 06:16:14 AM

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LD

[ic]Manzinni will support DeRosa's suggestion. The exact reply, once again, depends on if Fortis says (or does not) say anything to him.[/ic]

Magnus Pym

[ic=At the Senate, just after Senator DeRosa's Speech]Truly saddening that you would dare claim to know Consul Basile's exact "defense", a word I've seen you misuse, now more than just once, Senator DeRosa. Obviously, it seems, his wisdom was not one of the qualities for which he has been elected Consul of the Interior of the Great Republic of Rome, you would say? I'm somewhat uncomfortable with this statement of yours, it makes me cringe.

The decision of Consul Basile is one that obviously saves the Republic. And what more, should he not have intervened, it would have meant the decision taken prior to his, an uninformed one as we have been informed, was wrong. A dire failure indeed. Signore Basile not only saved the Republic, but saved many a man's hide, and should be thanked for this instead of bashed upon. His words should carefully be listened to, and his listeners should welcome his great wisdom.

I know, Senator DeRosa, that your heart is only but at the right place. You mean no harm to our Fatherland (Not sure about this one, but the Empire called Rome the Fatherland?), and such a situation only serves to prove it. But I fear you are, if only slightly, misguided.

All that being said, I welcome your proposition for the creation of a greater court, one that shall be called the Court of Last Resort. Although I fail to see how a vote system would be in Rome's judicial system's best interests. May I ask you why you would prefer this method over a single judge who is nominated by the senatores consiliarii for his achievements and his neutrality?[/ic]

Elemental_Elf

#392
[ic=To the Senate]It is not legal for the Consul to overrule the court. The Consul's decision to disregard the law of the City may save the Republic from potential violence today but it comes at the expense of safety and peace-of-mind tomorrow. If one man's fate is illegally changed with the wave of a hand, then the fates of everyone who will ever stand before the courts will remain in doubt. Remember, just because the Consul downgraded a verdict today does not mean he will not increase a punishment later. If we allow the Consul's decision to stand then we are willingly standing by and anointing him, and those that follow in his footsteps, our Caesar!

Remember dear Senators, power corrupts, while absolute power corrupts absolutely.  I, like everyone else here, wish to see our beautiful Republic remain free of tyranny.

It is for this very reason that I have suggested the Magnam Curia, or Grand Court, have seven members. Diluting power and spreading it amongst seven individuals will ensure that no one will ever be able to fully abuse the office or its powers. [/ic]

TheMeanestGuest

#393
[ic=Before the Senate]Senator DeRosa. You speak from the heart, and I understand fully your desire to see Peace reign, and for Rome to be the very seat of Justice. So too is it my own highest aim. And by God it will be done. I have been vested with the responsibility of Consulship of Rome by this very Senate. It is my duty to see to the Justice of Rome, and none here can say that this is a duty I have ignored. When the Peace of the city is threatened, when Justice is misapplied, and when the the Truth is ignored, the Consul must step in. It is the Consul's obligation to do so, having been vested with Civic Authority by the lawfully appointed Government of our Great Commune.

To term my actions 'illegal' - actions that have prevented cruel punishment of a man undeserving of such treatment, actions that have spared the people of our city the suffering of civil violence - is frankly ludicrous. When the Curia Senatus fails in its Civic and Christian duty to make every possible effort at fair and honest trial, it is the Consul's burden to intervene. This is why he has been elevated above the Senate, to right the course of the Ship of State when it is set awry, to command when command must be given. Justice is the purview of the Consul of the Interior, and as Consul, I have seen Justice done.

Your talk of higher courts has no purpose. Rome needs no higher court when the Senate stands ready.

Do you contest the will of the Senate, Senator DeRosa?[/ic]
Let the scholar be dragged by the hook.

Nomadic

[ic=Before the Senate]
I am in accord with Consul Basile on this matter. I see more chaos and harm coming to Rome from the punishment of Consul Calafatus than from the alternative. There is a rift here, a rift that threatens civil war even as unsettling news from the empire to the north reaches us. We must seek the path of greatest unity, and that is not to be found in the exile of one of our most faithful members. The consul's judgement in this matter is wise.

However, I do not disagree with the idea of a high court as the Senator here has put forward, nor would I be against investigating the implementation of such a thing.
[/ic]

Polycarp

[ic=In the Senate]The senators grow increasingly restive in the dispute over Consul Basile's overturning of the verdict against Consul Calafatus.  Senator Sismondii struggles to complete his speech over a rising chant of IU-STI-TIA! ('justice') from a group of presumably anti-Calafatus senators.  It remains unclear exactly how much support there is in the Greater Council for each side of the issue, but it is obvious that neither faction is insignificant in number or enthusiasm.[/ic]

[ic=To Consul Basile]Consul,

Though I have been out of the city more often than not over the past few months, I cannot help but be aware of some of its current travails.  I have been in touch with one of the esteemed members of the Papal Curia who has informed me that His Holiness would consider acting as an arbiter if any such dispute proves intractable.  I take no position on the offer, Consul, and write you only to fulfill a promise to pass these words on to the Senate.

Signore Pietro Colonna[/ic]
The Clockwork Jungle (wiki | thread)
"The impediment to action advances action. What stands in the way becomes the way." - Marcus Aurelius

Elemental_Elf

#396
[ic=To The Senate]Hear me Senators, I stand here to praise the life of former Consul Calafactus. He is a noble man who saw Rome through difficult periods. Regardless of his virtues, he made mistakes that brought hardships to our city.

We all agree the former Consul mislead the people of Rome and in so doing wronged the city and besmirched its good name. If God would allow it, I would go back in time and prevent the former Consul from ever uttering those terrible words. And with that, this entire issue would simply go away. Regrettably however, God does not allow travel through time and what is done is done, what has transpired, has transpired.

The current dispute lies in whether Patrician Pierleone was in fact a member of this city's government at the time in which the lie was spoken. This single fact completely alters the ramifications, and punishment(s), of the crime.

While acting as judge for the case, I looked at the facts. At no time did the Senate abolish the rights, rank or privileges of Patrician Pierleone. He merely lived outside the city's walls. At the same time, the Senate was furiously debating the merits of differing legal philosophies. The prevailing winds indicated the Gosiani philosophy was favored above the Bulgari philosophy. With this in mind, I interpreted the law based upon the Gosiani outlook. It holds that the act of famosis libellis occurs when ever a member of the government slanders another member of the government. This law exists to protect the reputation of the government and prevent fractiousness.

The Patrician was a member of the government, as was former Consul Calafactus. Thus when Calafactus lied to the masses about patrician Pierleone's intentions and deeds, he was slandering the government itself.

The punishment for famosis libellis is DEATH. Death, merely for speaking a lie.

Now I, being a reasonable person looked at the history of Calafactus tenure in our government. He had seen the city through many hard times. Without him, the city most likely would have been far worse off. Taking this in to consideration, I decided to lessen the punishment to exile, which I think we can all agree is preferable to death. Most especially when the former Consul maintains large land holdings in the countryside that would not be harmed or infringed upon by the verdict. In ten years time he could have returned to Rome and been welcomed back into the fold, perhaps even regaining the Consulship.

However, Caesar... Excuse me Consul Basile disagreed. He shirked tradition and arbitrarily redefined the accepted facts of the case and rendered a new verdict. He claims he has, as I mentioned before, the right to do this in the name of protecting the city but we all know he is not acting in this tyrannical fashion to protect the City. No, he is protecting his friends and allies from a just and legal sentence. I cannot blame him for doing this - many would abuse and misappropriate their powers for such ends. God knows, the history of mankind is rife with people who do as such.

But does the fact that the world has a history of abusing power mean that we should suffer the same ills today? I say no.

Consul Basile wishes to trump the laws and traditions of our city so that one man may be saved. Yet what are the ramifications of such an arbitrary decision? Will I be executed tomorrow for speaking out against our new Caesar? Will a a murderer be set free because his family is good friends with dear Caesar? Will Caesar alter every decision rendered by the courts to suit his whims, his fancies, his corrupt desires?

We are a city of laws and we are a city of justice. Yet we are handing over the reigns of power from the Senate and placing them in the hands of a tyrant who will, upon gaining a taste for absolute power, not bat a single eye as he condemns you to death on trumped up charges.

I say no. No, we should not and WILL NOT suffer the slings and arrows of corrupt Caesar ANY LONGER! We shall draw a line in the sand right HERE, right NOW. This far and now farther.

IU-STI-TIA! IU-STI-TIA! IU-STI-TIA!

I call for a vote of NO CONFIDENCE IN CONSUL BASILE! [/ic]

TheMeanestGuest

#397
[ic=Before the Senate]Senators!

Would you listen to Senator DeRosa? A man who's only gift to Rome has been division? A man who seeks to depose the Good Consul Calafatus - a Hero of our Republic! - while ignoring evidence for the Consul's salvation that sits before his very eyes? A man who even now strives to see our streets run red with the blood of our brother Romans?

He speaks of Justice, yet what Justice has he delivered unto Rome? None that I can see. He flings the accusations of Tyrant and Caesar at my own person, and now wishes to see me fall. To remove both lawfully elected Consuls from their positions. And who would replace us? Does Senator DeRosa seek the position of Consul for himself? Does the Senate agree with Senator DeRosa? Does the Senate forget the good works of Consul Calafatus and myself? Through the efforts of the Senate under our guidance Rome's position is stronger than ever. Our enemies do not dare to assail us, and Peace reigns in Rome, and we are all again as brothers. Would Senator DeRosa see the undoing of Rome's prosperity?    

Vote as you will then, Senators, as is your right! I have and ever continue to serve the Senate, and abide by its will!

It is my fervent wish that you will come to the right decision.

[/ic]

[ic=Letter to Pietro Colonna]Signore Colonna,

You have my thanks for your conveyance of this offer. The government of Rome is perfectly capable of handling its own internal affairs at this moment, but should such matters change, I will of course take His Holiness's most kind offer into consideration. As ever, Rome finds itself in appreciation of your continued friendship.

Consul Roberto Basile[/ic]

[ic=Letter to Niccolo Cappoci]

Signore Cappoci,

Rome is pleased at your satisfaction with the present circumstances of our relationship. But we believe there is potential for more than simple friendship. The lands of your domain occupy a position of some import, and it is true that on all sides but to your south you are surrounded by those who cannot be trusted, who would nibble away at your rightful territory. I have heard it said that many look with envy upon your domain, and I would be saddened to see the envious place you in an unfortunate position. Rome offers that you join her and her allies in the bonds of friendship, bonds you attest are already in place. If that is so, Rome would see that we formalize our relationship. Join Rome in the League of the Tiber. Your lands will be guaranteed safe by Roman arms, and in turn you will lend your own strength to the defence of Rome. What say you, Signore Cappoci?

Consul Roberto Basile[/ic]
Let the scholar be dragged by the hook.

Magnus Pym

[ic=At the Senate, After Basile's Speech]Ludicrous! All this matter of ousting both the Hero and the Savior of our Republic is scandalous! I stand firmly by the Consuls side.

Senator DeRosa, your rude and thoughtless maneuverings in the Senate are exactly the kind the Senate does not need. You would plant the seeds of division while everyone else in Rome are dying to make it an example for all neighbors, close and far, to behold.

Truly angering, this vote of No Confidence, and truly foolish. I pity those who are in favor of this ridiculous motion.

*Raises his hand with a clenched fist, victorious in appearance, and shouts the following words*

I vote that our present Consuls keep their position! They are strong, have an iron will and have proved us they can lead Rome to a better future; a safer one, and a richer one! Anyone who sees that as a good thing raise your fist and make yourself known![/ic]

Nomadic

#399
QuoteEE just wanted to say I respect you for sticking to your character and your guns on this matter sir. This is turning into a true fiery debate which should certainly please the carp :P

[ic=Before the Senate]
Raises his fist in accord

I second this, this call for a vote of no-confidence does nothing but threaten to destabilize the government. A government that it has taken much toil and effort on the senate's part (both of the good Consul's here included) to build up. All of the senator's actions drive us closer to chaos. Disregarding Consul Basile's judgement on the matter and in turn calling for a vote of no confidence. It seems clear to me that Senator DeRosa seeks to oust both of the Consul's regardless of the harm done to Rome. I have full confidence in Consul Basile, but I find my confidence in Senator DeRosa shaky at best. I accuse Senator DeRosa of gross misconduct before the senate and call that he face ignominia on the grounds of his questionable judgement of Consul Calafatus, his unnecessary call for no confidence in Consul Basile, and his apparent eagerness to stir up division in the senate and Rome, possibly in pursual of ulterior motives which run counter to the best interests of Rome. I see the senator's actions inflammatory and in direct opposition to his position as a senator and a Christian!
[/ic]

Elemental_Elf

#400
[ic=To the Senate] Do you see friends? Do you see how they turn the law on its head to suit their own ends? Decent and opposition are two noble virtues that form the backbone of any fair and just Republic. Yet obviously they are not allowed in Caesar Basile's world. We are but sheep, meant to plod along mindlessly and unquestioningly. We are meant to prostrate ourselves before mighty Caesar for from him comes ALL LAW, ALL TRADITION, ALL JUSTICE!

We do not need a German Emperor to come and conquer us, we have already crowned a ROMAN EMPEROR and he stands before you!

*Pulls a laurel leaf crown out of his satchel and flings it at the feet of Consul Basile*

ALL HAIL MIGHTY CAESAR AUGUSTUS ROBERTO BASILE!

*Pauses as the crown foments*

If, friends, this so-called Consul frightens you, unnerves you or makes you ill then you are a true Roman. You are not one of Caesar's mindless flock of indigent fools. No, you are a noble and virtuous citizen proclaiming your defiance for tyranny in all its dark and devious forms!

Join me friends, join me in casting out these oafs who cling to their power. Cast them out of office and ensure that a freer, more just, more noble, more prosperous tomorrow comes to pass! [/ic]

Nomadic

#401
[ic=Before the Senate]
Sismondii turns to Basile

I demand that Senator DeRosa be detained and removed from the Curia until such time as rational thought has returned to his mind. This is a house of rational debate and discussion amongst senators, not a den of jackals to be defiled with encouragement towards rioting and slanderous accusations! When the senator has calmed himself he can of course return and explain to the senate how his actions don't endanger the republic.

Senator Sismondii demands the vigili be called to remove Senator DeRosa from the senate chambers

To the senate at large

My brothers I do not deny the chance for debate, indeed it is good that we have it. But let it not be said of the senate that it devolved into a mindless screaming match, that we lost our cool. Let not foreigners laugh at our disunity! Senator DeRosa has a right to speak, but he also has an obligation to do so with respect to his station and to the senate he addresses.
[/ic]

TheMeanestGuest

[ic=Before the Senate]I am loathe to remove a Senator from the floor, Senator Sismondii... and it is even more loathsome to my mind to summon the arms of the city to do so. But we are left with no choice! To behave with such scandalous decorum, and to attempt the incitement of violence in the sacred halls of the Curia Julia cannot stand!

*Senator Basile motions to a runner stationed by one of the doors to summon the vigili*

Senator DeRosa, you will be removed from the Senate until such time as the madness that has seized you releases your mind and body! Stand clear Senators! The Vigili will be here momentarily! Senator DeRosa, for your own safety, and the safety of others, I implore you to offer no resistance![/ic]
Let the scholar be dragged by the hook.

LD

#403
[ic=Speech to the Senate]
I do NOT call for the ouster of Rome's Friend, the Senate's Friend and MY friend, Consul Roberto Basile. Although Consul Basile may make mistakes from time to time, I do not yet believe that matters have turned to a point where the good Consul cannot aright matters- and indeed, the Consul may be correct that a legal error was made- however, he does not have power to, himself, overturn that legal error.

I also remind everyone of Consul Calafactus' service to Rome and Patrician Pierleone's service to Rome.

I do support the thought that went into Senator DeRosa's judicial decision. He made his decision under harsh circumstances; weighing many benefits and many factors. I may not have reached the same decision, but I respect the courage it took for him to render it. The Consuls and the Senate had ample opportunity before the decision was rendered to institute a system of review by a higher court, but they did not. I support the establishment of a board of review of that type in the future- but its review cannot apply ex post facto-to previous cases. Now, as Rome's judicial system, guided by Gosiani, or equitable principles, is established- is not the time to ignore the law and ex post facto create new systems.

Justice must be served. And it is to be best served by an Equitable Interpretation of the Written Sentence--the Gosiani stress that equity must be done--and until we have established a review tribunal and a procedure for reviewing sentences we are left with the system that we have.

I have given this matter great thought; I have analyzed the writings of the Gosiani- I have spoken with scholars, and I have studied Senator DeRosa's decision.

Here is what I have discovered.

Senator DeRosa rendered the decision. Consul Basile seeks to review the decision for error. Consul Basile may indeed be correct that the decision was in error, and equity could be done by reversing said error. But the proper BODY must review the decision. The proper BODY is either the senate as a whole or a tribunal, as was suggested by my compatriots. Given the high political charged nature of this case, I consul caution to those who would suggest that the Senate as a whole should review this situation--many would see that popularity, rather than law is done in that circumstance. The whole reason for deciding this case by LAW rather than by VOTE is that it is a sensitive case. This leaves us with one option for the season-- INTERPRETATION of the sentence to render equity- especially given that the underlying decision is challenged.

Senator DeRosa has committed his sentence to text and we will study that. When there is question of what words mean, another senator can review those words. I suggest a review of the sentence as follows:

In the decision, the Consul was stripped of his rank. The rank stripped is that of Consul. Therefore, he may not be Consul. He may still be a Senator and he may still be on the Lesser Council. He may also still be an Equite.

The consul was stripped of his wealth. There is no limitation on the period of the stripping or whereto the wealth will go. Either the Senator interpreting the punishment, or Consul Basile could determine where the wealth will go. There is also no restriction on Consul Calafactus directing where the wealth will go.

The Consul was to be cast out of the Eternal City and exiled for a period of no less than ten years. There is naught to state that he cannot live on Estates outside the Eternal City or in a ceded location of the Eternal City, such as the Compound of the Honorable Patrician Pierleone. There is precedent for locations within Rome being considered "outside" of Rome.

There is a requirement that: No Roman is to aid the Consul or have contact with him for the duration of his exile. There is no penalty given for this. If there is to be a prosecution, then any Senator may sit to render judgment on what the penalty would be. I would suggest a fine of (50 cents) to be paid into the City's defense fund.

Finally, if necessary, after the establishment of an unbiased review panel- the question of whether famosis libelius or common libelius was committed can be reviewed. For the moment though- the decision has been made. Slander was done against Patrician Pierleone and any review, as suggested by the Consul, will take place when a tribunal is established.

It is a sad day for Rome when Rome's citizens quarrel amongst themselves.

Rome is a city of Law and a city of Justice. I pray that Justice can continue to be done.
[/ic]

Elemental_Elf

[ic=To the Senate] *Bows before Basile*

As you command dearest Caesar. [/ic]