Constitution IV - MMDCCLXIX (Nova Roma)

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This law served as the temporary and complementary IVth Constitution of Nova Roma between Cn. Lentulo Alexandro T. Domitio cos. MMDCCLXIX a.u.c. and Q. Arrio (III) A. Tullia cos. MMDCCLXXIV a.u.c., superseding the previous Constitution III, the lex Equitia de constitutione corrigenda. It was authorized by a senatus consultum ultimum, and had the force of a senatus consultum ultimum, thus overriding the formal Constitution III also in force then. This temporary Constitution allowed the government to rule by edicts and decrees, making them free to disregard the IIIrd Constitution formally in force.

Most of the text of this temporary Constitution lapsed with C. Claudio T. Domitio (II) cos. MMDCCLXXI a.u.c., as Nova Roma reverted from tribunician government to consular government. After that, until the formal repeal of the IIIrd Constitution, and the formal adoption of this law, with many modifications, as the new Constitution in Q. Arrio (III) A. Tullia cos. MMDCCLXXIV a.u.c., the exceptions from under the existing laws granted to the tribuni militum consulari potestate were to be interpreted, according to a followup senatus consultum ultimum, as referring to the consuls. It was very extensively modified and made the permanent Constitution of Nova Roma by the lex Lucilia de re publica restituenda, ratified by the senate and enacted by the people.


Constitution of Nova Roma: Constitution IV - MMDCCLXIX (Nova Roma)

Enacted: 26 Dec MMDCCLXIX via: Lex Cornelia Domitia de re publica constituenda

Preceded by: Constitution III - MMDCCLXVII

Followed by: Constitution IV - MMDCCLXXIV

Contents


Preamble

Whereas the Senate and People of Nova Roma and the Republic of the Nova Roman People has been dragged into crisis and turmoil by Cn. Iulius Caesar and L. Cornelius Sulla Felix and their faction,

and whereas the faction that caused this chaos by a meditated coup and still controls the infrastructure of Nova Roma, refuses to return these assets of Nova Roma to the Nova Roman people,
and whereas the perpetrators of the coup, Cn. Iulius Caesar and L. Cornelius Sulla Felix instilled fear in the citizenry by the expulsion of the elected magistrates and the tribunes of the plebs for life, by the oppression of the citizens’ rights and free speech, by destroying the citizenship and Nova Roman identity of citizens who expressed disagreement with their tyrannical actions, and thus they made free speech dangerous, and honest public discussion in the official forum of Nova Roma controlled by the coup-makers impossible,
and whereas the perpetrators of the coup, who maintain control of the voting tools of Nova Roma, withhold the election of new magistrates, causing Nova Roma to be without official government,

we, the citizens of Nova Roma assembled for the purpose of saving Nova Roma from this crisis, do hereby resolve to restore Nova Roma to proper function under proper political process, and to organize our Roman community life until the res publica is restored to said function; to which end we do take affirmative and restorative action by proclaiming the following unofficial and non-corporate private citizens’ initiative in the form of a lex, to be enacted as temporary measures, not to be held as binding under the corporate constitution of Nova Roma or the regulations of the State of Maine:

I. The election of the tribuni militum consulari potestate

I.A. In order to provide a temporary substitution during the forced absence of a fully functioning Nova Roman government, the corporate management and state magistracies, with respect to the extraordinary circumstances when the People of Nova Roma is not in possession of the infrastructure of Nova Roma, and in order to provide the traditional reckoning of years required by Roman custom, four tribuni militum consulari potestate (an alternative title is “tribuni militares consulari potestate”, the English title is “military tribunes with consular power” or “consular tribunes” for short) shall be elected by a non-corporate session of the comitia centuriata, according to the laws in force that regulate consular elections, with the procedural exceptions granted to the current consules by the non-corporate senatus consultum ultimum on the continued operation of the res publica during the crisis.
I.B. A candidate to the office of tribunus militum consulari potestate shall be at least 21 years of age and shall have been a citizen of Nova Roma for at least 3 years. The magistrate presiding at the election may make an exception from under the requirement of length of citizenship, and may accept or refuse all kinds of candidates based on their merits to Nova Roma.

II. The role of the tribuni militum consulari potestate

The tribuni militum consulari potestate shall fill the role of the consules, in that they shall provide the citizenry with guidance in their Nova Roman community life, by serving as a center offering cohesion and coordination to the citizens, their activities and initiatives as long as the individuals in control of the infrastructure and assets of Nova Roma are not filling this role. The tribuni militum consulari potestate shall fill the role of the praetores and censores as well, likewise to their ancient Roman counterpart, inasmuch as the circumstances necessitate acting in the capacity of a censor or praetor. In addition, the Nova Roman tribuni militum consulari potestate shall fill the role of the four aediles as well, unless aediles are elected or other officers entrusted with the aedilician duties.

II.A. The tribuni militum consulari potestate shall take care of the same tasks and shall have the same powers and rights that the consules, praetores, censores and aediles would have, excepting such as would require the holding of position as an officer of Nova Roma, Inc.. The tribuni militum consulari potestate shall not be considered officers of Nova Roma Inc., or any part of the corporate structure and organization, but shall exist only within the symbolic framework of the res publica, and shall serve as civic representatives of the people that gave a mandate to them; the purpose of the office being to organize community life and the res publica, without having the power to issue any decision of binding force upon the corporation.
II.B. The tribuni militum consulari potestate shall represent the law respecting senatores and citizens of Nova Roma; and thus they shall work, as their primary goal, on the restoration of the res publica out of the turmoil.
II.C. Decisions and actions of the tribuni can be made individually, jointly or collegially. Individual decisions or actions are the ones taken by only one tribunus. Sessions of the senate and the comitia can only be called to order and presided individually. Any decision or action of a consular tribune can be vetoed by one or more of his colleagues: the veto procedure and its time frames shall be the same as described by the lex Labiena de intercessione. If some of the tribuni aren’t involved in the making of a decision or action, it shall not be considered to be made collegially, but only a joint decision or action taken by some tribuni and not by the entire college of the tribuni. Collegial decisions and actions require the participation (agreement, disagreement, abstention, with the agreements plus abstentions exceeding the number of disagreements) of all tribuni in the action or decision-making. Unanimous collegial decisions require the agreement or conscious abstention of all tribuni.
II.D. A consular tribune is regarded as involved in an action or decision-making if he was demonstrably informed that he was invited to make a decision or action. If such a consular tribune is unresponsive 72 hours after having been contacted and fully informed, his absence shall be counted as conscious abstention.
II.E. The tribuni shall appoint, by unanimous collegial decision, a praefectus officio tribunicio praetorio who, while not being a tribunus but a subordinate first officer, shall be responsible for the coordination and organization of the administrative work and all activities of the joint office of the college of the consular tribunate.
II.F. The consulship and this consular tribunate shall be considered to be the same magistracy, identical by all intents and purposes: all legal documents of Nova Roma referring to the consulship shall be taken also as a reference to the consular tribunate.

III. Term of office of the tribuni militum consulari potestate

III.A. The term of office of the tribuni militum consulari potestate shall commence on January 1.
III.B. If the crisis is still unresolved as of September 1st, the tribuni shall pass a senatus consultum ultimum with the decision whether the tribunal form of government is to be continued for the next year or the res publica should revert to the consular government. After the decision, a period of interregnum shall follow, for ceremonial and religious reasons, and for the holding of next year’s elections, whether it be for a consular or tribunal government.
III.C. The term of office of the tribuni militum consulari potestate shall end on the day before the Ides of October, in the Sacred 20th Anniversary Year of the Founding of Nova Roma, when they shall transfer the government to a series of Interreges.
III.D. The first interrex shall complete the ritual founding of Nova Roma by reissuing the Declaration of Nova Roma and conducting those proper Latin religious rituals and ceremonies on the Ides of October, day of the October Horse, a most propitious day to ceremonially close the founding years of Nova Roma, that were missing or not perfectly performed at the founding of Nova Roma 20 years ago. This “Completion of the Founding of Nova Roma” Ceremony shall be performed and the ritual prayers and vows worded in a manner that ensure that Nova Roma as the spiritually legitimate heir to the ancient Roman Empire, and as state and nation of Nova Romans is fully acknowledged by the Penates, Lares and Manes of the Roman People, the Gods of Rome. These rituals shall be supervised by at least one pontifex and one augur who are proficient in Latin and highly respected experts of the sacra publica and cultus deorum. The first interrex in the series of interreges shall be the person who has already served as the first ever interrex of Nova Roma, Cn. Cornelius Lentulus Alexander. His appointment shall be formally made by a senatus consultum ultimum, enacted no later than the last day of September, and the same senatus consultum ultimum shall define the specific order and sequence of interreges until December 31.
III.E. After the founding rituals are completed, the elections for the next year shall be conducted by the interreges, in a manner described by the senatus consultum ultimum that specifies the order and sequence of the interreges, and the new government shall enter office on the next Kalends of January. If the new government remains to be led by tribuni militum consulari potestate, their term of office, from this year on in each subsequent year, shall be one year from January 1 to December 31.
III.F. The office of the tribuni militum consulari potestate shall be filled until the declaration of the recognition of the new legal corporate government, whereas the office of the tribuni militum consulari potestate will automatically expire. There shall be an alternative mechanism to disband the entire college of the tribuni militum consulari potestate: if two of the tribuni jointly declare that they step down from office with the intention of dissolving the college of the tribuni by this action, the term of office of the entire college of the tribuni expires immediately.

IV. The election, assignment and function of quaestores

IV.A. Eight non-corporate quaestores shall be elected according to the laws of Nova Roma, by a non-corporate session of the comitia populi tributa, to assist the tribuni militum consulari potestate and all other higher officers in any task assigned to them by the higher officers as described in the laws of Nova Roma. The status of non-corporate quaestores and their relation to Nova Roma, Inc. is the same as that of the tribuni militum consulari potestate as described under II.A..
IV.B. Each tribunus militum consulari potestate shall assign one individual quaestor to his own government office. Other quaestores may be assigned to other officers by the tribuni.
IV.C. Candidates for the quaestorship shall be at least 21 years of age and there is no other requirement.

V. Other non-corporate magistrates and officers

V.A. Other ordinary magistrates such as the diribitores, magister aranearius, vigintisexviri, aediles, tribuni plebis, praetores and censores may be elected if their election is authorized previously by a senatus consultum. Consules shall not be elected for the next calendar year (MMDCCLXX AUC). Non-corporate apparitores and all types of elected or appointed officers may be elected or appointed by the public institutions or the higher officers normally authorized to do so. The status of all non-corporate magistrates and officers and their relation to Nova Roma, Inc. is the same as that of the consular tribunes as described under II.A..
V.B. If the illegal coup senate or the comitia called to order by the illegal magistrates of the coup faction, or any illegal separatist corporate authority of Nova Roma manages to elect or appoint corporate magistrates, promagistrates, governors or other officers (henceforth “officers”) for Nova Roma, the tribuni militum consulari potestate shall pass a decree of the lawful senate to decide whether to recognize any of the illegal corporate officers as real magistrates, promagistrates, governors or officers of the res publica, except in the case of corporate quaestores and aediles, where recognition is automatic. Such recognized corporate officers shall be considered as (supernumerary) colleagues of the non-corporate officers, but may only be integrated to the lawful government on an individual basis decided by the tribuni militum consulari potestate, with specification as to what powers and rights they are entitled to exercise.
V.B.1. If corporate aediles are elected, and there are non-corporate aediles already in office, the corporate aediles are automatically recognized as junior colleagues to the non-corporate aediles and will be recorded with the title “aediles corporativi”. If there are no non-corporate aediles in office, the recognition of corporate aediles is automatic.
V.B.2. There shall not exist lawfully recognized corporate and non-corporate consules, censores and governors (within an identical province) at the same time. If the lawful senate recognizes the corporate consules, censores or governors, the non-corporate counterparts are immediately dismissed. Such recognition of corporate consules is the valid way of terminating the non-corporate crisis government, as described under III.F.

VI. The non-corporate senate, comitia and priestly colleges

The status of all non-corporate senate, comitia and priestly colleges and their relation to Nova Roma, Inc. is the same as that of the consular tribunes as described under II.A..

VI.A. If the corporate coup senate enacts a senatus consultum, or if the comitia called to order by illegal magistrates of the coup faction enacts a lex, it can be considered lawful and valid within the Free Nova Roma if, and only if, the non-corporate senate approves it as well, however in the case of a lex, by this approval it is automatically reclassified as a senatus consultum ultimum.
VI.B. Since the corporate infrastructure, including all communication channels and the voting tools of Nova Roma are under control of the coup faction, who refuse to defer to lawfully established procedure, disallow any exercise of electoral process and willfully impede the election of magistrates, the tribuni militum consulari potestate are authorized to issue alternative session rules and voting procedures for all comitia (and also for the senate) which shall differ from the procedure described by the laws of Nova Roma only in those points where it is necessitated by the circumstances of the crisis.
VI.C. Presiding magistrates are hereby authorized, if approved by at least one augur, to take auspices for the senate or comitia sessions over which they preside, or to delegate this authorization to a pontifex who shall take the auspices in their name. A magistrate presiding over an election is further authorized, if approved by at least one pontifex, to convene the comitia curiata jointly with the authorizing pontifex to invest the elected magistrates with imperium
VI.D. If a corporate priestly college enacts a decretum, it shall be considered lawful and valid automatically within the Free Nova Roma unless its non-corporate priestly college counterpart invalidates it. The non-corporate priestly colleges consist of those members of the priestly colleges who are loyal citizens of Nova Roma and, if the head of a particular college isn’t loyal to the res publica, the interim president of that college shall be the member with the highest rank, or if it isn’t viable, the member with the greatest length of membership within that college, and he shall be titled as “extraordinary secretary” (ab officiis extraordinariis).

VII. Legal force

This lex is enacted, operating, and to be interpreted under the authority of the non-corporate senatus consultum ultimum on the continued operation of the res publica during the crisis, and thus has all the force of a senatus consultum ultimum to override temporarily the existing laws of Nova Roma for the benefit of the recovering citizenry. Should any danger to the continued existence of the Free Nova Roma emerge the management of which is not covered by this lex or other laws, the committee of the liberatores are lawfully empowered to defend the freedom of the res publica.

VIII. Subsequent confirmation

This non-corporate lex shall not have any legal meaning or official status either under the laws of the State of Maine or within the context of Nova Roma, Inc. as a corporation chartered in the State of Maine, USA; however, it shall become an official lex of the Nova Roman Republic upon subsequent confirmation by the lawful, legal state and corporate authorities of Nova Roma after order is restored to the Republic. The non-corporate senate shall have the power to declare, by a senatus consultum ultimum, the recognition of the new corporate government as lawful and legal under the laws of the Republic, but such a declaration of recognition can only take force if the corporate government has already confirmed all non-corporate legal documents, offices, actions and decisions made until the day of the declaration of recognition. This subsequent confirmation by the corporate authorities is obligatory and it is a prerequisite, inasmuch as the validity of the recognition of the corporate government as lawful under the laws of the Republic depends on the corporate government’s full confirmation of all non-corporate legal documents, offices, actions and decisions without any exception. If such a declaration of recognition by a non-corporate senatus consultum ultimum is made, and if all non-corporate legal documents, offices, actions and decisions are confirmed by the corporate authorities, all non-corporate institutions and offices immediately merge with the corporate institutions, in a manner described by the same senatus consultum ultimum.

Appendix of constitutional rules to fall under the provisions of this temporary Constitution

The following text is the lex Equitia de constitutione corrigenda which was the formally valid Constitution III subjected to the special legal order of this temporary Constitution.

Preamble

We, the Senate and People of Nova Roma, as an independent and sovereign nation, herewith set forth this Constitution as the foundation and structure of our governing institutions and common society. We hereby declare our Nation to stand as a beacon for those who would recreate the best of ancient Rome. As a nation, Nova Roma shall be the temporal homeland and worldly focus for the Religio Romana. The primary function of Nova Roma shall be to promote the study and practice of pagan Roman civilization, defined as the period from the founding of the City of Rome in 753 BCE to the removal of the altar of Victory from the Senate in 394 CE and encompassing such fields as religion, culture, politics, art, literature, language, and philosophy.

As the spiritual heir to the ancient Roman Republic and Empire, Nova Roma shall endeavor to exist, in all manners practical and acceptable, as the modern restoration of the ancient Roman Republic. The culture, religion, and society of Nova Roma shall be patterned upon those of ancient Rome.

I. Constitutional Basis

A. This Constitution shall be the basic authority for all decision-making within Nova Roma and shall limit the authority of all magistrates and bodies, and all leges (laws) passed by the comitia, decreta (decrees) of the priestly collegia, magisterial edicta (edicts) and Senatus consulta shall be subject to it except as provided by the following two provisos:
1. The edicta (edicts) of a dictator appointed under this Constitution may override its provisions, insofar as he is empowered to do so by the Senatus consultum enabling his appointment;
2. This Constitution may be amended by a Lex passed by the comitia centuriata and approved by a vote of two-thirds of the Senate.
3. No one shall suffer:
a. a penalty for an action which was not subject to a penalty when the action was performed. If an action was subject to a penalty when the action was performed but is no longer subject to any penalty, no penalty shall be applied for that action.
b. a greater penalty for an action than the penalty which was applicable when the action was taken. If an action was subject to a penalty when the action was performed but is now subject to a lesser penalty, the lesser penalty shall be applicable for that action.
B. Legal precedence. This Constitution shall be the highest legal authority within Nova Roma, apart from edicts issued by a legally appointed dictator. It shall thereafter be followed in legal authority by edicta issued by consuls acting under the Senatus consulta ultima, laws properly voted and passed by one of the comitia, decreta passed by the collegium pontificum, decreta passed by the collegium augurum, Senatus consulta, and magisterial edicta (in order of descending authority as described in section IV of this Constitution), in that order. Should a lower authority conflict with a higher authority, the higher authority shall take precedence. Should a law passed by one of the comitia contradict one passed by another or the same comitia without explicitly superseding that law, the most recent law shall take precedence.
C. This Constitution shall serve as the bylaws for Nova Roma, a legally incorporated entity in the state of Maine, USA (hereafter referred to as "the corporation"). The conduct and procedures of the Board of Directors and the officers of the corporation shall be according to the guidelines and strictures set forth in this Constitution. The Board of Directors of the corporation shall be composed of the Senate of Nova Roma (as described in Section V of this Constitution), and the officers of the corporation shall be composed of the magistrates of Nova Roma (as described in Section IV of this Constitution), as follows:
1. The co-presidents of the corporation shall be the consuls of Nova Roma;
2. The co-vice-presidents of the corporation shall be the praetors of Nova Roma;
3. The co-treasurers of the corporation shall be the quaestors of Nova Roma;
4. The co-secretaries of the corporation shall be the censors of Nova Roma.
D. This Constitution may be altered by law passed by the comitia centuriata; such alterations to this Constitution must be ratified by a vote of two-thirds of the entire Senate before they shall take effect. The edicta of an appointed Dictator may also alter this Constitution, subject to ratification by the Senate.
E. The use of male pronouns and technical terms within this Constitution is done solely for clarity, and shall not be construed to imply any disparity between genders before the law.

II. Citizens and Gentes

A. Citizenship
1. Any person 18 years old or older may apply for Citizenship.
2. Citizens may apply for Citizenship on behalf of their children or legal wards (as defined by relevant macronational law) under the age of 18. Such Citizens shall be known as impuberes.
3. Citizenship is open to anyone regardless of ethnic heritage, gender, religious affiliation, or sexual orientation.
4. Citizenship may be involuntarily revoked by those means that shall be established by law, or may be voluntarily relinquished by notification of the censors or by public statement before three or more witnesses.
5. Impuberes may have their Citizenship relinquished on their behalf by their parent or legal guardian (as defined by relevant macronational law) by notification of the censors or by public statement before three or more witnesses.
B. The following rights of the Citizens who have reached the age of 18 shall be guaranteed, but this enumeration shall not be taken to exclude other rights that citizens may possess:
1. Complete authority over their own personal and household rites, rituals, and beliefs, pagan or otherwise; except where this Constitution mandates participation in the rites of the Religio Romana, such as the case of magistrates and Senators;
2. The right and obligation to remain subject to the civil rights and laws of the countries in which they reside and/or hold citizenship, regardless of their status as dual citizens of Nova Roma;
3. The right to vote in elections as members of their various comitia on matters brought before the People in such manner as described in this Constitution;
4. The right to participate in all public fora and discussions, and the right to reasonably expect such fora to be supported by the State. Such communications, regardless of their content, may not be restricted by the State, except where they represent an imminent and clear danger to the Republic. Such officially sponsored fora may be expected to be reasonably moderated in the interests of maintaining order and civility;
5. The right of provocatio; to appeal a decision of a magistrate that has a direct negative impact upon that citizen to the comitia populi tributa;
6. The right to privacy; security in one's home, person, and property; and authority over one's home, person, and property. Homes may not be searched, persons may not be detained, and property may not be seized, except by judicial ruling or by a special provision of law;
7. The right to seek and receive assistance and advice from the State in matters of religious and social disputes occurring both within and outside the direct jurisdiction of Nova Roma; and,
8. The right to pursue business enterprises within Nova Roma through the institution of the ordo equester (equestrian order), and the right to receive reasonable encouragement to build a strong economy through Roman-oriented commerce; the only restrictions being those informational and other materials copyrighted by the State, which shall remain the property of the State.
C. The Orders. Even though members of the three orders are equal under the eyes of the law, the institution of the orders is significant enough that it is perpetuated in Nova Roma. There are three orders into which all Citizens fall:
1. Ordo Patricius (patrician order)
a. The Ordo Patricius shall consist of a minimum of 30 families.
b. Should there be fewer than 30 patrician families the Senate shall have the power to nominate a plebeian family to the Comitia Curiata for elevation to patrician status.
c. The Senate shall have the power to nominate additional families to the Comitia Curiata for elevation to patrician status if this elevation does not cause the Ordo Patricius to exceed 5% of the population of Nova Roma.
d. A patrician family may allow its members to form new patrician families.
2. Ordo equester (equestrian order). The Equestrian Order shall consist of high standing citizens who excel in their service to the Res Publica. Equestrians shall be enrolled into the Ordo Equester as specified by laws approved by the Comitia. (1)
3. Ordo plebeius (plebeian order). The plebeian order shall consist of individuals who do not belong to either the patrician or equestrian orders.
D. Gentes, Domus, and Familiae. Familiae (households) being the backbone of Roman society, the prerogatives and responsibilities of the familia are of primary importance to Nova Roma. Except where specifically dealt with in this constitution and the law, each familia shall have the right to determine its own course of action and parents shall have the undisputed right and responsibility to see to the education and raising of their children.
1. Each gens (clan) shall be registered with the censors, who will maintain records of gens membership and other relevant information.
2. No two gentes may have the same nomen. The censors shall be responsible for ensuring this rule is observed.
3. Each gens shall consist of a minimum of one domus (lineage).
4. No two domus within a gens may have the same cognomen (surname). The censors shall be responsible for ensuring this rule is observed.
5. Each familia shall have a paterfamilias and / or materfamilias who shall act as the leader(s) of the family and speak for it when necessary. The holder(s) of this position must be registered as such with the censors. The paterfamilias and / or materfamilias may, at his, her, or their discretion, expel members of his, her, or their familia, accept new members into it by adoption, or allow members to form new familiae belonging to the same order.
a. The paterfamilias and / or materfamilias may, at his, her, or their discretion, exercise the rights enumerated in paragraph II.B of this Constitution on behalf of impuberes in his, her, or their familia, with the exception of the right to vote (paragraph II. B. 3.) and the right to join the Ordo Equester (paragraph II. B. 8.). (2)
E. Tribes and Centuries
1. There shall exist thirty-five tribes, into which the censors shall divide all of the citizens. Thirty-one of these tribes shall be designated the Rural tribes, and shall be assigned by the censors as directed by law passed by the comitia populi tributa. Four of these tribes shall be designated the urban tribes, and shall be made up of those citizens who fail to vote in the annual magisterial elections. Should a member of an urban tribe subsequently vote in an annual magisterial election, he or she shall be reassigned to a rural tribe.
2. There shall exist a number of centuries, said number to be set by law enacted by the Comitia Centuriata and not to exceed one-hundred ninety-three, into which the censors shall divide all of the citizens. Until such a law is passed, the number of centuries shall be one-hundred ninety-three. The exact composition of these centuries shall be determined by law passed by the comitia centuriata, but shall be weighted in favor of those citizens who have shown the greatest commitment to Nova Roma.

III. Comitia

A. The comitia curiata (Assembly of Curiae) shall be made up of thirty lictores curiati (lictors of the curia), appointed to their positions by the collegium pontificum (college of pontiffs). It shall be called to order by the Pontifex Maximus, and the collegium pontificum shall set the rules by which the comitia curiata shall operate internally. It shall have the following responsibilities:
1. To invest elected and appointed magistrates with Imperium (which is necessary to employ coercitio [the power to compel obedience to their edicts], interpret and execute law, and possess the honor of being preceded by lictors as a symbol of office), without right of refusal individually or as a body;
2. To witness the appointment of official priests and priestesses of the Religio Romana, adoptions, and the recording of wills.
3. To approve or reject the elevation of a plebeian family to the Ordo Patricius;
4. To approve or reject an adoption that elevates a plebeian to the Ordo Patricius or lowers a patrician to the Ordo Plebeius;
5. To approve or reject an application from a patrician who wishes to renounce his status and become a member of the plebeian order.
B. The Comitia Centuriata (Assembly of Centuries) shall be made up of all of the citizens, grouped into their respective centuries. While it shall be called to order by either a consul or a praetor, only the comitia centuriata shall pass laws governing the rules by which it shall operate internally. It shall have the following powers:
1. To enact laws binding upon the entire citizenry;
2. To elect the consuls, praetors, and censors;
3. To try legal cases in which the defendant is subject to permanent removal of citizenship.
C. The Comitia Plebis Tributa (Assembly of the Plebeians) shall be made up of all non-patrician citizens, grouped into their respective tribes. While it shall be called to order by a tribune of the plebs, only the comitia plebis tributa shall pass laws governing the rules by which it shall operate internally. It shall have the following powers:
1. To enact plebiscites with the force of law, binding upon the entire citizenry;
2. To elect the plebeian aediles and tribunes of the plebs;
3. To try legal cases solely involving members of the plebeian order that do not involve permanent removal of citizenship.
D. The Comitia Populi Tributa (Assembly of the People) shall be made up of all citizens, grouped into their respective tribes. While it shall be called to order by either a consul or a praetor, only the comitia populi tributa shall pass laws governing the rules by which it shall operate internally. It shall have the following powers:
1. To enact laws binding upon the entire citizenry;
2. To elect the quaestors and curule aediles;
3. To try legal cases that do not involve permanent removal of citizenship.

IV. Magistrates

Magistrates are the elected and appointed officials responsible for the maintenance and conduct of the affairs of state. There are two categories of magistrates: ordinarii (those who are ordinarily elected) and extraordinarii (those who are only occasionally appointed or elected). Qualifications necessary to hold these positions may be enacted by law properly passed by one of the comitia.

A. Should an office in mid-term become vacant and suitable candidates be at hand, an election shall be held in the appropriate comitia to elect a successor to serve out the remainder of the term within thirty days of the vacancy. Should one of the ordinarii be found to be derelict in his duties, that magistrate may be removed by a law originating in the comitia that elected him. Elections of the ordinarii shall take place every civil year no later than November 20th for the plebeian offices and no later than December 15th for the curule magistracies and other elected officials. Newly elected Quaestores will assume office on December 5th, the tribuni plebis and aediles plebis shall enter their offices on December 10, all other officials shall enter their offices on the following Kalends of January. Anyone currently serving in an elected or appointed office may complete their term and enter their newly elected office on or after January 1. Exceptions to these provisions regarding elections may be found in section V of this Constitution. The ordinarii, in decreasing order of authority, are as follows: (3)
1. Censor. Two censors shall be elected by the comitia centuriata to serve a term lasting two years, to be elected in alternate years so as to have a one-year overlap of terms. They shall have the following honors, powers, and obligations:
a. To issue those edicta (edicts) necessary to carry out those tasks in which they are mandated by this Constitution and the law to engage (such edicts being binding upon themselves as well as others);
b. To maintain the album civium (list of citizens), including the tribe and century to which they are assigned as described by law, and other appropriate information regarding them;
c. To maintain the album gentium (list of gentes) and appropriate information regarding them;
d. To maintain the album senatorum (list of Senators), including the power to add and remove names on that list according to qualifications set by law;
e. To maintain the album equestrium (lists of members of the equestrian order), including the power to add and remove names on that list;
f. To safeguard the public morality and honor through the collegial administering of notae;
1. A nota against an ordinary individual is sufficient to deprive that individual of the right to vote until such time as it is removed;
2. A nota against a member of the Senate is sufficient to remove that individual from the Senate until such time as it is removed.
g. To appoint scribae (clerks) to assist with administrative and other tasks, as they shall see fit.
2. Consul. Two consuls shall be elected annually 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 twelve lictors;
b. To issue those edicta (edicts) necessary to engage in those tasks which advance the mission and function of Nova Roma (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;
d. To pronounce intercessio (intercession; a veto) against another consul or magistrate of lesser authority;
e. To appoint accensi (personal assistants) to assist with administrative and other tasks, as they shall see fit.
3. Praetor. Two praetors shall be 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.
4. Aediles Curules (Curule Aediles). Two curule aediles shall be elected by the comitia populi tributa to serve a term lasting one year. They shall have the following honors, powers, and obligations:
a. To hold Imperium;
b. To issue those edicta (edicts) necessary to see to the conduct of public games and other festivals and gatherings, to ensure order at public religious events, to see to the maintenance of any real public facilities that the State should acquire, and to administer the law (such edicts being binding upon themselves as well as others);
c. To pronounce intercessio against another aedile (curule or plebeian) or magistrate of lesser authority;
d. To appoint scribae (clerks) to assist with administrative and other tasks, as they shall see fit.
e. To maintain the venues where the Ordo Equester is engaged in commerce within Nova Roma property. It is the responsibility of the Curule Aediles to report any changes of the Ordo Equester to the Censors.
5. Aediles plebis (Plebeian Aedile). Two plebeian aediles shall be elected by the comitia plebis tributa to serve a term lasting one year. They must both be of the plebeian order and shall have the following honors, powers, and obligations:
a. To issue those edicta (edicts) necessary to see to the conduct of public games and other festivals and gatherings, to ensure order at public religious events, to see to the maintenance of any real public facilities that the State should acquire, and to administer the law (such edicts being binding upon themselves as well as others);
b. To pronounce intercessio against another plebeian aedile or magistrate of lesser authority;
c. To appoint scribae (clerks) to assist with administrative and other tasks, as they shall see fit.
6. Quaestor. A number of quaestors shall be elected by the comitia populi tributa equal to the number of consuls, praetors, and aediles to serve a term lasting one year. One quaestor shall be assigned to each of these magistrates by mutual agreement or, if such cannot be made, by decision of the newly-elected consuls. They shall have the power and obligation to administer those funds that shall be allocated to them by the Senate in its annual budget under the supervision of that magistrate to whom they are assigned. Those quaestors assigned directly to the consuls shall supervise the whole of the aerarium (treasury), but no funds may be spent without the prior approval of the Senate.
7. Tribuni Plebis (Tribune of the Plebs). Five tribunes of the plebs shall be elected by the comitia plebis tributa to serve a term lasting one year. They must all be of the plebeian order, and shall have the following honors, powers, and obligations:
a. To pronounce intercessio (intercession; a veto) against the actions of any other magistrate (with the exception of the dictator and the interrex), Senatus consulta, magisterial edicta, religious decreta, and leges passed by the comitia when the spirit and / or letter of this Constitution or legally-enacted edicta or decreta, Senatus Consulta or leges are being violated thereby; once a pronouncement of intercessio has been made, the other Tribunes may, at their discretion, state either their support for or their disagreement with that intercessio.
1. Each Tribune may issue only one such declaration of support or disagreement, but may change their declaration from one to the other, should they wish to do so.
2. The initial pronouncement of intercessio by a Tribune shall count as that Tribune's declaration of agreement.
3. Should the number or the Tribunes who choose to disagree with an intercessio equal or exceed the number of Tribunes who choose to support it, the intercessio shall be revoked.
a Intercessio may not be imposed against statements of support for or disagreement with a use of intercessio that are issued pursuant to the preceding paragraph.
b The issuance and function of intercessio shall be defined according to procedures described by legislation passed by Comitia.
b. To pronounce intercessio (intercession; a veto) against another Tribune using the same mechanism as described in paragraph IV. A. 7. a. above;
c. To be immune from intercessio pronounced by other magistrates, except as described in paragraphs IV. A. 7 .a. and IV. A. 7. b. above;
d. To be privy to the debates of the Senate, and keep the citizens informed as to the subjects and results thereof, in such manner and subject to such restrictions as may be defined by law;
1 To call the Senate to order;
2. To call the comitia plebis tributa to order, except when the Patrician order shall constitute more than ten percent (10%) of the total population, in which case the power shall be altered to calling the comitia populi tributa to order;
3. To administer the law;
4. To appoint scribae (clerks) to assist with administrative and other tasks, as they shall see fit.
8. Vigintisexviri (The Twenty-Six). Collectively, the Twenty-Six shall be minor magistrates elected to fulfill those necessary functions as shall be assigned to them by law enacted by one of the comitia.
9. Apparitores (Attendants). Collectively, the apparitores shall not be considered magistrates, but rather shall be appointed into various decuriae (corporations) to fulfill those necessary functions as shall be assigned to them by law enacted by one of the comitia. They shall include the lictores, lictores curiati, scribae, and accensi.
B. The extraordinarii are as follows:
1. Dictator. In times of emergency, the Senate may appoint a dictator to serve a term not to exceed six months. At the time of such appointment, the Senate may prescribe a given task or boundaries within which the dictator is obliged to remain. The edicts of the dictator are absolute within his sphere of influence, and subject to neither intercessio or provocatio. The dictator shall hold Imperium and have the honor of being preceded by twenty-four lictors. At the end of his term the actions of the dictator shall be subject to final confirmation by the Senate.
2. Interrex. Should both consular positions be vacant at the same time, the Senate shall appoint an Interrex to serve a term lasting no more than five days. The Interrex must be a member of the patrician order, and shall have all the powers and responsibilities of a normally elected consul. The Interrex shall organize new elections in the comitia centuriata to elect two new consuls to serve out the remainder of the previous consuls' term of office.

V. The Senate

The supreme policy-making authority for Nova Roma shall be embodied in its Senate. The album Senatorum (list of Senators) shall be maintained by the censors according to qualifications set by law. The Senate shall have the following honors, powers, and obligations:

A. As the repository of experience and wisdom in the affairs of State, the Senate shall have the authority to issue Senatus consulta (advice of the Senate) on those topics upon which it shall see fit to comment.
B. The Senate shall exercise control over the aerarium (treasury) and shall oversee the financial endeavors, health, and policy of the state.
1. No later than the last day of November of each year, the Senate shall prepare a budget for the following year. This budget shall deal with the disbursement of funds from the aerarium to the quaestors for various purposes. Even though the quaestors assigned to the consuls shall be responsible for the maintenance of the entire treasury, no funds from it may be disbursed without the prior approval of the Senate. The Senate may, as required by changing circumstances, pass supplemental Senatus consulta to modify the annual budget.
2. The Senate may, by Senatus consultum, impose taxes, fees, or other financial requirements on the citizens in order to maintain the financial welfare of the state.
C. The Senate may, by Senatus Consultum, create provinciae for administrative purposes and appoint provincial governors therefor, who shall bear such titles as the Senate may deem appropriate. The Senate may review each governor on a yearly basis and it remains in the discretion of the Senate whether or not to prorogue such governors, although this review shall not constitute a ban on the authority of the Senate to remove governors from office as its discretion. Governors shall have the following honors, powers, and obligations:
1. To hold imperium and have the honor of being preceded by six lictors solely within the jurisdiction of their respective provinciae;
2. To proclaim those edicta (edicts) necessary to engage in those tasks which advance the mission and function of Nova Roma, solely within the jurisdiction of their provinciae (such edicts being binding upon themselves as well as others);
3. To manage the day-to-day organization and administration of their provinciae;
4. To appoint officers to whom authority may be delegated, subject to those restrictions and standards as the Senate shall deem appropriate;
5. To remove officers whom they have appointed, or make changes to their titles and/or delegated authority, subject to those restrictions and standards as the Senate shall deem appropriate.
D. Should a magistrate's office become vacant during the course of his term, the Senate may appoint a replacement to serve out the remainder of the term should there be less than three months remaining therein.
E. The Senate shall have the power to issue the Senatus consultum ultimum (the ultimate decree of the Senate). When in effect, this decree will supersede all other governmental bodies and authorities (with the exception of the dictator) and allow the Senate to invest the consuls with absolute powers to deal with a specific situation, subject only to their collegial veto and review by the Senate. Even under the authority of the Senatus consultum ultimum, the consuls may only temporarily suspend this Constitution; they may not enact any permanent changes hereto.
F. The Senate may, by Senatus consultum, enact rules governing its own internal procedures (such Senatus consulta may not be overruled by laws passed in the comitia).

VI. Public Religious Institutions

A. The Religio Romana, the worship of the Gods and Goddesses of Rome, shall be the official religion of Nova Roma. All magistrates and Senators, as officers of the State, shall be required to publicly show respect for the Religio Romana and the Gods and Goddesses that made Rome great. Magistrates, Senators, and citizens need not be practitioners of the Religio Romana, but may not engage in any activity that intentionally blasphemes or defames the Gods, the Religio Romana, or its practitioners.
B. The priesthoods of the Gods of Rome shall be organized as closely as practical on the ancient Roman model. The institutions of the Religio Romana shall have authority over religious matters on the level of the state and nation only, maintaining the religious rites of the State and providing resources pertaining to the Religio Romana which Citizens may make use of if they choose. Nova Roma shall approach all other religions with a syncretistic outlook, offering friendship to all paths which acknowledge the right of those who practice and honor the Religio Romana to do so and respect the beliefs thereof. Only Citizens of Nova Roma may be members of the public institutions of the Religio Romana, which shall be organized, and have their responsibilities divided, as follows:
1. The collegium pontificum (college of pontiffs) shall be the highest of the priestly collegia. It shall consist of the Pontifex Maximus, fourteen Pontifices, twelve flamines, six Sacerdotes Vestales, and the Rex and Regina Sacrorum. The collegium pontificum shall appoint its own members. The collegium pontificum shall have the following honors, powers, and responsibilities:
a. To control the calendar, and determine when the festivals and dies fasti and dies nefasti shall occur, and what their effects shall be, within the boundaries of the example of ancient Rome;
b. To have ritual responsibilities within the Religio Romana; and general authority over the institutions, rites, rituals, and priesthoods of the public Religio Romana;
c. To issue decreta (decrees) on matters relevant to the Religio Romana and its own internal procedures (such decreta may not be overruled by laws passed in the comitia or Senatus consultum).
2. The Collegium Augurum (College of Augurs) shall be the second-highest ranked of the priestly Collegia. The eldest member of the Collegium shall be the Magister Collegii. The Collegium Augurum shall consist of nine Augurs, five from the Plebeian order and four from the Patrician order. They shall be appointed by the Collegium Pontificum, and shall hold their offices for life, excepting in cases of resignation of office, resignation of citizenship, or loss of Assiduus citizenship by process of law. Resignation of office or citizenship by an Augur must be made in writing to the Pontifex Maximus and the Magister Collegii; the Pontifex Maximus and Magister Collegii shall be informed in writing of any process of law by which such an Augur has lost citizenship. Augurs who have resigned their office, resigned their citizenship, or have lost their citizenship by process of law shall remain sacri in their persons but may exercise no augural powers or functions, nor shall they be accounted members of the Collegium Augurum.
a. The collegium augurum shall have the following honors, powers, and responsibilities:
1. To research, practice, and uphold the ars auguria (the art of interpreting divine signs and omens, solicited or otherwise);
2. To issue decreta (decrees) on matters of the ars auguria and its own internal procedures (such decreta may not be overruled by laws passed in the comitia or Senatus consultum).
b. Individual augurs shall have the following honors, powers, and responsibilities:
1. To define templum (sacred space) and celebrate auguria (the rites of augury);
2. To declare obnuntiatio (a declaration that unfavorable and unsolicited omens have been observed that justify a delay of a meeting of one of the comitia or the Senate).
3. Other institutions and priesthoods may be instituted, and the rules for such set, by the collegium pontificum, in accordance with the ancient models of the Religio Romana as practiced by our spiritual ancestors.
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