Lex Minucia de eiuratione magistratuum (Nova Roma) - Revision history

Decimus Aurelius Ingeniarius: Adding tabularium articles template

2022-12-29T03:35:41Z

Adding tabularium articles template

← Older revision		Revision as of 03:35, 29 December 2022
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		+	[[Category:Leges (Nova Roma)]]
	{{Praetores}}		{{Praetores}}
	{{LanguageBar\|Lex Minucia de eiuratione magistratuum (Nova Roma)}}		{{LanguageBar\|Lex Minucia de eiuratione magistratuum (Nova Roma)}}
		+	{{Tabularium articles\|pgchk=1\|lexstat=1\|com=comitia populi tributa \|yes=19\|no=0\|abs=0\|when={{Mar 28}} {{2006}}\|guideone=Magistracies (Nova Roma)\|guidetwo=Suffect magistrates (Nova Roma)}}

	This ''lex'' has been modified by the [[Lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve (Nova Roma)\|lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve]], enacted on on the {{Dec 26}} {{2021}}.		This ''lex'' has been modified by the [[Lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve (Nova Roma)\|lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve]], enacted on on the {{Dec 26}} {{2021}}.
−
−	~~{\|width="100%"~~
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−	~~\|__TOC__~~
−	~~\|align="right"\|~~
−	~~{{LexStatusActive}}~~
−	~~{{LexPassed~~
−	~~\| when={{Mar 28}} {{2006}}~~
−	~~\| com=Comitia Populi Tributa~~
−	~~\| yes=19 \| no=10 \| abs=0~~
−	}}
−	\|}

	=Current version as modified by the '''lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve'''=		=Current version as modified by the '''lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve'''=
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	'''Comment I.''' The publication of this law has contained, for a decade, a variant text for this very same lex which was in fact just a non-final draft of the rogatio, never to be accepted by vote. This draft version was published as the primary text, and the real, accepted text was only given as the second text on this page. The final version of the lex Minucia as accepted by the comitia tributa only addressed the magistrates elected by the comitia tributa, because in those years a strict interpretation of the Constitution prevailed according to which a lex accepted by the comitia tributa may regulate magistrates elected by that comitia, and a lex accepted by the comitia centuriata may regulate only the centuriate magistrates. Consul Minucia Strabo presented first only one rogatio which discussed both the tribal and the centuriate magistrates' resignations in one law. She later corrected it and divided the proposal into two rogationes, one about the tribal magistrates' resignations, to be passed by the tribal comitia, and another about the centuriate magistrates, to be passed by the centuriate comitia. The tribal one passed, the centuriate law failed. Editors of the tabularium of the day, for an unknown reason, decided to put the original, unified law which discussed the resignations of both types of magistrates in one law as the primary text of this lex, but it was not correct, and it was never a law. In this new publication of the lex Minucia, the praetor '''(edict pending)''' removes the unofficial draft text (it can be found [http://www.novaroma.org/vici/index.php?title=Lex_Minucia_de_eiuratione_magistratuum_(Nova_Roma)&diff=prev&oldid=57113 in the history section of this page]), and we publish only the valid version of the lex Minucia as accepted by the comitia.		'''Comment I.''' The publication of this law has contained, for a decade, a variant text for this very same lex which was in fact just a non-final draft of the rogatio, never to be accepted by vote. This draft version was published as the primary text, and the real, accepted text was only given as the second text on this page. The final version of the lex Minucia as accepted by the comitia tributa only addressed the magistrates elected by the comitia tributa, because in those years a strict interpretation of the Constitution prevailed according to which a lex accepted by the comitia tributa may regulate magistrates elected by that comitia, and a lex accepted by the comitia centuriata may regulate only the centuriate magistrates. Consul Minucia Strabo presented first only one rogatio which discussed both the tribal and the centuriate magistrates' resignations in one law. She later corrected it and divided the proposal into two rogationes, one about the tribal magistrates' resignations, to be passed by the tribal comitia, and another about the centuriate magistrates, to be passed by the centuriate comitia. The tribal one passed, the centuriate law failed. Editors of the tabularium of the day, for an unknown reason, decided to put the original, unified law which discussed the resignations of both types of magistrates in one law as the primary text of this lex, but it was not correct, and it was never a law. In this new publication of the lex Minucia, the praetor '''(edict pending)''' removes the unofficial draft text (it can be found [http://www.novaroma.org/vici/index.php?title=Lex_Minucia_de_eiuratione_magistratuum_(Nova_Roma)&diff=prev&oldid=57113 in the history section of this page]), and we publish only the valid version of the lex Minucia as accepted by the comitia.

−	'''Comment II.''' The [[Lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve (Nova Roma)\|lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve]] also contained an instruction to change the preamble of the lex Minucia, but the text as voted on and accepted by the comitia was probably corrupted and had an editorial error, because the new preamble would have been an exact sentence, unchanged, from the previous version of the preamble, in a form that was totally contradictory to the other changes in this lex. The praetor therefore declared '''(edict pending)''' that section V.A. of the lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve was not implementable, and was disregarded when adding the changes from the lex Arria Tullia to this lex Minucua.	+	'''Comment II.''' The [[Lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve (Nova Roma)\|lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve]] also contained an instruction to change the preamble of the lex Minucia, but the text as voted on and accepted by the comitia was probably corrupted and had an editorial error, because the new preamble would have been an exact sentence, unchanged, from the previous version of the preamble, in a form that was totally contradictory to the other changes in this lex. The praetor therefore declared '''(edict pending)''' that section V.A. of the lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve was not implementable, and was disregarded when adding the changes from the lex Arria Tullia to this lex Minucua.
−		+
−	~~[[Category:Leges (Nova Roma)]]~~	+

Gnaeus Cornelius Lentulus: added explanation on the problem with the change in the preamble from the lex Arria Tullia de quibusdam legibus etc.

2022-01-07T14:18:45Z

added explanation on the problem with the change in the preamble from the lex Arria Tullia de quibusdam legibus etc.

← Older revision		Revision as of 14:18, 7 January 2022
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	</small>		</small>

−	== Praetorian ~~comment~~ on the textual history of the law ==	+	== Praetorian commentary on the textual history of the law ==

−	The publication of this law has contained, for a decade, a variant text for this very same lex which was in fact just a non-final draft of the rogatio, never to be accepted by vote. This draft version was published as the primary text, and the real, accepted text was only given as the second text on this page. The final version of the lex Minucia as accepted by the comitia tributa only addressed the magistrates elected by the comitia tributa, because in those years a strict interpretation of the Constitution prevailed according to which a lex accepted by the comitia tributa may regulate magistrates elected by that comitia, and a lex accepted by the comitia centuriata may regulate only the centuriate magistrates. Consul Minucia Strabo presented first only one rogatio which discussed both the tribal and the centuriate magistrates' resignations in one law. She later corrected it and divided the proposal into two rogationes, one about the tribal magistrates' resignations, to be passed by the tribal comitia, and another about the centuriate magistrates, to be passed by the centuriate comitia. The tribal one passed, the centuriate law failed. Editors of the tabularium of the day, for an unknown reason, decided to put the original, unified law which discussed the resignations of both types of magistrates in one law as the primary text of this lex, but it was not correct, and it was never a law. In this new publication of the lex Minucia, the praetor '''(edict pending)''' removes the unofficial draft text (it can be found [http://www.novaroma.org/vici/index.php?title=Lex_Minucia_de_eiuratione_magistratuum_(Nova_Roma)&diff=prev&oldid=57113 in the history section of this page]), and we publish only the valid version of the lex Minucia as accepted by the comitia.	+	'''Comment I.''' The publication of this law has contained, for a decade, a variant text for this very same lex which was in fact just a non-final draft of the rogatio, never to be accepted by vote. This draft version was published as the primary text, and the real, accepted text was only given as the second text on this page. The final version of the lex Minucia as accepted by the comitia tributa only addressed the magistrates elected by the comitia tributa, because in those years a strict interpretation of the Constitution prevailed according to which a lex accepted by the comitia tributa may regulate magistrates elected by that comitia, and a lex accepted by the comitia centuriata may regulate only the centuriate magistrates. Consul Minucia Strabo presented first only one rogatio which discussed both the tribal and the centuriate magistrates' resignations in one law. She later corrected it and divided the proposal into two rogationes, one about the tribal magistrates' resignations, to be passed by the tribal comitia, and another about the centuriate magistrates, to be passed by the centuriate comitia. The tribal one passed, the centuriate law failed. Editors of the tabularium of the day, for an unknown reason, decided to put the original, unified law which discussed the resignations of both types of magistrates in one law as the primary text of this lex, but it was not correct, and it was never a law. In this new publication of the lex Minucia, the praetor '''(edict pending)''' removes the unofficial draft text (it can be found [http://www.novaroma.org/vici/index.php?title=Lex_Minucia_de_eiuratione_magistratuum_(Nova_Roma)&diff=prev&oldid=57113 in the history section of this page]), and we publish only the valid version of the lex Minucia as accepted by the comitia.

		+	'''Comment II.''' The [[Lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve (Nova Roma)\|lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve]] also contained an instruction to change the preamble of the lex Minucia, but the text as voted on and accepted by the comitia was probably corrupted and had an editorial error, because the new preamble would have been an exact sentence, unchanged, from the previous version of the preamble, in a form that was totally contradictory to the other changes in this lex. The praetor therefore declared '''(edict pending)''' that section V.A. of the lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve was not implementable, and was disregarded when adding the changes from the lex Arria Tullia to this lex Minucua.

	[[Category:Leges (Nova Roma)]]		[[Category:Leges (Nova Roma)]]

Gnaeus Cornelius Lentulus: Corrections and added praetorian commentary (subject to revision by the praetors)

2022-01-07T14:11:38Z

Corrections and added praetorian commentary (subject to revision by the praetors)

← Older revision		Revision as of 14:11, 7 January 2022
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	<div class="scriptum">		<div class="scriptum">
	<onlyinclude>		<onlyinclude>
−	This lex clarifies the legal definition of magisterial resignation, consequences of resignation, and those procedures legally necessary to validate and remedy magisterial vacancy due to a resignation of	+	This lex clarifies the legal definition of magisterial resignation, consequences of resignation, and those procedures legally necessary to validate and remedy magisterial vacancy due to a resignation of office, in accordance with the Constitution of Nova Roma, Section IV, on 'Magistrates', which states that an office becomes vacant when a magistrate resigns or dies while in office. The language of this lex is binding on resignation of magisterial offices elected in the in the Comitia Centuriata and Comitia Tributa and in the Comitia Plebis Tributa.
−	office, in accordance with the Constitution of Nova Roma, Section IV, on 'Magistrates', which states that an office becomes vacant when a magistrate resigns or dies while in office. The language of	+
−	this lex is binding on resignation of magisterial offices elected in the in the Comitia ~~Populi~~ Tributa and in the Comitia Plebis Tributa.	+

−	'''I.A:''' An elected magistrate resigns from office by tendering his or her notification of a resignation to the presiding official (defined below) of the comitia in which the resigning magistrate was elected.	+	'''I.A.''' An elected magistrate resigns from office by tendering his or her notification of a resignation to the presiding official (defined below) of the comitia in which the resigning magistrate was elected.

−	'''B:''' The Tribunes of the Plebs are the presiding officials of the Comitia Plebis Tributa. A resignation of an office that was elected in the Comitia Plebis Tributa may be tendered in writing directly to	+	'''I.B.''' The Tribunes of the Plebs are the presiding officials of the Comitia Plebis Tributa. A resignation of an office that was elected in the Comitia Plebis Tributa may be tendered in writing directly to one or more Tribunes of the Plebs, or else is tendered to the Tribunes of the Plebs by posting a notice of resignation via the official Comitia Plebis Tributa list, or a list that is supported by Nova Roma as a Public Forum.
−	one or more Tribunes of the Plebs, or else is tendered to the Tribunes of the Plebs by posting a notice of resignation via the official Comitia Plebis Tributa list, or a list that is supported by Nova Roma as a Public Forum.	+

−	'''C:''' The Consuls and Praetors are the presiding officials of the Comitia Centuriata and Comitia Tributa. A resignation of an office that was elected in the ~~Comitia~~ Centuriata and Comitia Tributa may be tendered in writing directly to one or both Consuls or Praetors, or else is tendered by posting a notice of resignation on a list that is supported by Nova Roma as a public Forum.	+	'''I.C.''' The Consuls and Praetors are the presiding officials of the Comitia Centuriata and Comitia Tributa. A resignation of an office that was elected in the CComitia Centuriata and Comitia Tributa may be tendered in writing directly to one or both Consuls or Praetors, or else is tendered by posting a notice of resignation on a list that is supported by Nova Roma as a public Forum.

−	'''II.A:''' A vacancy of office is legally established when an appropriate presiding official acknowledges in writing the receipt of a tendered resignation to the resigning magistrate. A vacancy may also be	+	'''II.A:''' A vacancy of office is legally established when an appropriate presiding official acknowledges in writing the receipt of a tendered resignation to the resigning magistrate. A vacancy may also be legally established when the Censors inform the presiding magistrates that a magistrate is unreachable after an absence of 45 or more days.
−	legally established when the Censors inform the presiding magistrates that a magistrate is unreachable after an absence of 45 or more days.	+

−	'''B:''' Within a nundinum (192 hours) of receiving notification of a resignation, the presiding official of the respective comitia – any one of the Consuls or Praetors, or any one of the Tribunes of the	+	'''II.B:''' Within a nundinum (192 hours) of receiving notification of a resignation, the presiding official of the respective comitia – any one of the Consuls or Praetors, or any one of the Tribunes of the Plebs, as the case may be, shall acknowledge receipt in writing to the resigning magistrate. The resigning magistrate may not use any of his or her powers and rights as a magistrate from the moment of announcing the resignation. The loss of magistracy will not take permanent effect until the presiding official accepts it, but if the resignation nundinum expires, it becomes permanent automatically. The resigning magistrate may withdraw the resignation during this nundinum, and resume full powers and rights as a magistrate, unless the presiding official has formally accepted and made it official record already. The resignation will be dated to the time when the resignation was announced by the resigning magistrate. If a presiding magistrate claims that a magistrate resigned in private communication, but the magistrate in question denies it, and there is no public evidence of the resignation, the resignation shall not be considered to have happened.
−	Plebs, as the case may be, shall acknowledge receipt in writing to the resigning magistrate. The resigning magistrate may not use any of his or her powers and rights as a magistrate from the moment of announcing the resignation. The loss of magistracy will not take permanent effect until the presiding official accepts it, but if the resignation nundinum expires, it becomes permanent automatically. The resigning magistrate may withdraw the resignation during this nundinum, and resume full powers and rights as a magistrate, unless the presiding official has formally accepted and made it official record already. The resignation will be dated to the time when the resignation was announced by the resigning magistrate. If a presiding magistrate claims that a magistrate resigned in private communication, but the magistrate in question denies it, and there is no public evidence of the resignation, the resignation shall not be considered to have happened.	+

−	'''C.''' Consuls shall not accept a resignation from office of a magistrate elected in the Comitia Plebis Tributa.	+	'''II.C.''' Consuls shall not accept a resignation from office of a magistrate elected in the Comitia Plebis Tributa.

−	'''D.''' Tribunes of the Plebs may only accept the resignation from office of a magistrate elected in the Comitia Centuriata and Comitia Tributa as in II A and B when none of the Consuls or Praetors is available to accept the resignation on behalf of this comitia.	+	'''II.D.''' Tribunes of the Plebs may only accept the resignation from office of a magistrate elected in the Comitia Centuriata and Comitia Tributa as in II A and B when none of the Consuls or Praetors is available to accept the resignation on behalf of this comitia.

−	'''III:''' Elections shall be held within ~~45 days~~ of the established vacancy for a suffect magistrate in the legally appropriate comitia, according to prevailing legal procedures governing elections of that comitia.	+	'''III.''' Elections shall be held within a month of the established vacancy for a suffect magistrate in the legally appropriate comitia, according to prevailing legal procedures governing elections of that comitia.

−	'''IV:''' This lex does not in itself restrict a former magistrate from standing for election in the Comitia Plebis Tributa or in the Comitia Centuriata and Comitia Tributa to fill the vacancy caused by his or her resignation, and for which he or she is eligible to hold.	+	'''IV.''' This lex does not in itself restrict a former magistrate from standing for election in the Comitia Plebis Tributa or in the Comitia Centuriata and Comitia Tributa to fill the vacancy caused by his or her resignation, and for which he or she is eligible to hold.

−	'''V:''' The presiding official of a comitia who lawfully acknowledges receipt of a resignation from office of any magistrate who was elected in either the Comitia Plebis Tributa or Comitia ~~Populi~~	+	'''V.''' The presiding official of a comitia who lawfully acknowledges receipt of a resignation from office of any magistrate who was elected in either the Comitia Plebis Tributa or Comitia Centuriata and Comitia Tributa, as outlined in this lex, shall be responsible for communicating this information to the Censors, the Magister Aranearius and to the citizenry via public fora within the following a nundinum (192 hours) from the time that the resignation goes into effect.
−	Tributa, as outlined in this lex, shall be responsible for communicating this information to the Censors, the Magister Aranearius and to the citizenry via public fora within the following a nundinum (192 hours) from the time that the resignation goes into effect.	+
	</onlyinclude>		</onlyinclude>
	</div>		</div>
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	This lex clarifies the legal definition of magisterial resignation, consequences of resignation, and those procedures legally necessary to validate and remedy magisterial vacancy due to a resignation of office, in accordance with the Constitution of Nova Roma, Section IV, on 'Magistrates', which states that an office becomes vacant when a magistrate resigns or dies while in office. The language of this lex is binding on resignation of magisterial offices elected in the in the Comitia Populi Tributa and in the Comitia Plebis Tributa.		This lex clarifies the legal definition of magisterial resignation, consequences of resignation, and those procedures legally necessary to validate and remedy magisterial vacancy due to a resignation of office, in accordance with the Constitution of Nova Roma, Section IV, on 'Magistrates', which states that an office becomes vacant when a magistrate resigns or dies while in office. The language of this lex is binding on resignation of magisterial offices elected in the in the Comitia Populi Tributa and in the Comitia Plebis Tributa.

−	'''~~IC:~~''' ~~The Consuls and Praetors are~~ the presiding ~~officials~~ of the ~~Comitia Populi Tributa. A resignation of an office that~~ was elected in the Comitia Populi Tributa may be tendered in writing directly to one or both Consuls or Praetors, or else is tendered by posting a notice of resignation on a list that is supported by Nova Roma as a public Forum.	+	'''I.A.''' An elected magistrate resigns from office by tendering his or her notification of a resignation to the presiding official (defined below) of the comitia in which the resigning magistrate was elected.

−	'''II.A:''' ~~A vacancy~~ of ~~office is legally established when an appropriate presiding official acknowledges in writing~~ the ~~receipt~~ of ~~a tendered resignation to~~ the ~~resigning magistrate~~. A ~~vacancy~~ may ~~also~~ be	+	'''I.B.''' The Tribunes of the Plebs are the presiding officials of the Comitia Plebis Tributa. A resignation of an office that was elected in the Comitia Plebis Tributa may be tendered in writing directly to one or more Tribunes of the Plebs, or else is tendered to the Tribunes of the Plebs by posting a notice of resignation via the official Comitia Plebis Tributa list, or a list that is supported by Nova Roma as a Public Forum.
−	~~legally established when~~ the ~~Censors inform~~ the ~~presiding magistrates that~~ a ~~magistrate is unreachable after an absence~~ of 45 or ~~more days~~.	+

−	'''~~IIB:~~''' ~~Within twenty-four (24) hours of receiving notification of a resignation,~~ the presiding ~~official~~ of the ~~respective comitia – any one~~ of the Consuls or Praetors, or ~~any one~~ of ~~the Tribunes of the~~	+	'''I.C.''' The Consuls and Praetors are the presiding officials of the Comitia Populi Tributa. A resignation of an office that was elected in the Comitia Populi Tributa may be tendered in writing directly to one or both Consuls or Praetors, or else is tendered by posting a notice of resignation on a list that is supported by Nova Roma as a public Forum.
−	~~Plebs,~~ as ~~the case may be, shall acknowledge receipt in writing to the resigning magistrate~~.	+

−	'''~~IID~~.''' ~~Tribunes~~ of ~~the Plebs may only accept the resignation from~~ office of a ~~magistrate elected in~~ the ~~Comitia Populi Tributa as in II~~ A ~~and B~~ when ~~none of~~ the ~~Consuls or Praetors is available to accept~~ the ~~resignation on behalf~~ of ~~this comitia~~.	+	'''II.A:''' A vacancy of office is legally established when an appropriate presiding official acknowledges in writing the receipt of a tendered resignation to the resigning magistrate. A vacancy may also be legally established when the Censors inform the presiding magistrates that a magistrate is unreachable after an absence of 45 or more days.

−	'''IV:''' This lex does not in itself restrict a former magistrate from standing for election in the Comitia Plebis Tributa or in the Comitia Populi Tributa to fill the vacancy caused by his or her resignation, and for which he or she is eligible to hold.	+	'''II.B:''' Within twenty-four (24) hours of receiving notification of a resignation, the presiding official of the respective comitia – any one of the Consuls or Praetors, or any one of the Tribunes of the Plebs, as the case may be, shall acknowledge receipt in writing to the resigning magistrate.
		+
		+	'''II.C.''' Consuls shall not accept a resignation from office of a magistrate elected in the Comitia Plebis Tributa.
		+
		+	'''II.D.''' Tribunes of the Plebs may only accept the resignation from office of a magistrate elected in the Comitia Populi Tributa as in II A and B when none of the Consuls or Praetors is available to accept the resignation on behalf of this comitia.
		+
		+	'''III.''' Elections shall be held within 45 days of the established vacancy for a suffect magistrate in the legally appropriate comitia, according to prevailing legal procedures governing elections of that comitia.
		+
		+	'''IV.''' This lex does not in itself restrict a former magistrate from standing for election in the Comitia Plebis Tributa or in the Comitia Populi Tributa to fill the vacancy caused by his or her resignation, and for which he or she is eligible to hold.
		+
		+	'''V.''' The presiding official of a comitia who lawfully acknowledges receipt of a resignation from office of any magistrate who was elected in either the Comitia Plebis Tributa or Comitia Populi Tributa, as outlined in this lex, shall be responsible for communicating this information to the Censors, the Magister Aranearius and to the citizenry via public fora within the following forty-eight (48) hours from the time that the resignation goes into effect.
	</small>		</small>

		+	== Praetorian comment on the textual history of the law ==

		+	The publication of this law has contained, for a decade, a variant text for this very same lex which was in fact just a non-final draft of the rogatio, never to be accepted by vote. This draft version was published as the primary text, and the real, accepted text was only given as the second text on this page. The final version of the lex Minucia as accepted by the comitia tributa only addressed the magistrates elected by the comitia tributa, because in those years a strict interpretation of the Constitution prevailed according to which a lex accepted by the comitia tributa may regulate magistrates elected by that comitia, and a lex accepted by the comitia centuriata may regulate only the centuriate magistrates. Consul Minucia Strabo presented first only one rogatio which discussed both the tribal and the centuriate magistrates' resignations in one law. She later corrected it and divided the proposal into two rogationes, one about the tribal magistrates' resignations, to be passed by the tribal comitia, and another about the centuriate magistrates, to be passed by the centuriate comitia. The tribal one passed, the centuriate law failed. Editors of the tabularium of the day, for an unknown reason, decided to put the original, unified law which discussed the resignations of both types of magistrates in one law as the primary text of this lex, but it was not correct, and it was never a law. In this new publication of the lex Minucia, the praetor '''(edict pending)''' removes the unofficial draft text (it can be found [http://www.novaroma.org/vici/index.php?title=Lex_Minucia_de_eiuratione_magistratuum_(Nova_Roma)&diff=prev&oldid=57113 in the history section of this page]), and we publish only the valid version of the lex Minucia as accepted by the comitia.


	[[Category:Leges (Nova Roma)]]		[[Category:Leges (Nova Roma)]]

Decimus Aurelius Ingeniarius: Correcting the original version of the lex (and then applying modifications) based on the original approved comitia version.

2022-01-07T08:54:39Z

Correcting the original version of the lex (and then applying modifications) based on the original approved comitia version.

Show changes

Decimus Aurelius Ingeniarius: integrating the Lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve

2022-01-07T07:20:52Z

integrating the Lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve

← Older revision		Revision as of 07:20, 7 January 2022
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	{{Praetores}}		{{Praetores}}
		+	{{LanguageBar\|Lex Minucia de eiuratione magistratuum (Nova Roma)}}
		+
		+	This ''lex'' has been modified by the [[Lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve (Nova Roma)\|lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve]], enacted on on the {{Dec 26}} {{2021}}.

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		+
		+	=Current version as modified by the '''lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve'''=

	<div class="scriptum">		<div class="scriptum">
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	:'''II.''' This lex clarifies the legal definition of magisterial resignation, consequences of resignation, and those procedures legally necessary to validate and remedy magisterial vacancy due to resignation of office.		:'''II.''' This lex clarifies the legal definition of magisterial resignation, consequences of resignation, and those procedures legally necessary to validate and remedy magisterial vacancy due to resignation of office.

−	:'''III.''' The language of this lex is binding on resignation of magisterial offices elected in the ~~Comitia Centuriata,~~ in the Comitia Populi Tributa and in the Comitia Plebis Tributa.	+	:'''III.''' The language of this lex is binding on resignation of magisterial offices elected in the in the Comitia Populi Tributa and in the Comitia Plebis Tributa.

	:'''IV.''' A tendered resignation from an elected office becomes legal and binding once receipt of same is acknowledged to the resigning Magistrate by an appropriate presiding official (defined below) of the comitia by which he or she was elected.		:'''IV.''' A tendered resignation from an elected office becomes legal and binding once receipt of same is acknowledged to the resigning Magistrate by an appropriate presiding official (defined below) of the comitia by which he or she was elected.

−	::'''A.i.''' Resignation of an office elected in the Comitia Plebis Tributa is tendered in writing to the Tribuni Plebii or tendered in writing in the presence of three or more Plebian citizens, who shall witness and communicate the resignation to the Tribunes. Once advised of a resignation, the Tribuni Plebii shall respond in writing to the resigning magistrate within 24 hours, in order to acknowledge the tendered resignation, and a vacancy of that office is legally established.	+	::'''A.i.''' Resignation of an office elected in the Comitia Plebis Tributa is tendered in writing to the Tribuni Plebii or tendered in writing in the presence of three or more Plebian citizens, who shall witness and communicate the resignation to the Tribunes. Once advised of a resignation, the Tribuni Plebii shall respond in writing to the resigning magistrate within a nundinum (192 hours), in order to acknowledge the tendered resignation, and a vacancy of that office is legally established.
−	::'''A.ii.''' Elections shall be held in the Comitia Plebis Tributa within ~~45 days~~ of the established vacancy for a suffect magistrate,according to prevailing legal procedure governing elections of this comitia.	+
		+	::'''A.ii.''' Elections shall be held in the Comitia Plebis Tributa within a month of the established vacancy for a suffect magistrate,according to prevailing legal procedure governing elections of this comitia.
		+
	::'''A.iii.''' This lex does not in itself restrict a former magistrate from standing for election in the Comitia Plebis Tributa to fill the vacancy caused by his or her resignation.		::'''A.iii.''' This lex does not in itself restrict a former magistrate from standing for election in the Comitia Plebis Tributa to fill the vacancy caused by his or her resignation.

−	::'''B.i.''' Resignations of offices elected in the Comitia ~~Populi~~ Tributa ~~or the Comitia Centuriata~~ are to be tendered in writing to the Consuls, or in the presence of three or more citizens,who shall acknowledge and communicate receipt of the resignation to the Consuls. Once advised of the resignation, the Consuls shall respond in writing within 24 hours to the resigning magistrate in order to acknowledge the tendered resignation, and a vacancy of that office is thereby legally established.	+	::'''B.i.''' Resignations of offices elected in the Comitia Centuriata and Comitia Tributa are to be tendered in writing to the Consuls, or in the presence of three or more citizens,who shall acknowledge and communicate receipt of the resignation to the Consuls. Once advised of the resignation, the Consuls shall respond in writing within a nundinum (192 hours) to the resigning magistrate in order to acknowledge the tendered resignation, and a vacancy of that office is thereby legally established.
−	::'''B.ii.''' Elections shall be held in the appropriate comitia within ~~45 days~~ of the established vacancy for a suffect magistrate, according to the respective prevailing laws governing these comitia elections.	+
		+	::'''B.ii.''' Elections shall be held in the appropriate comitia within a month of the established vacancy for a suffect magistrate, according to the respective prevailing laws governing these comitia elections.
		+
	::'''B.iii.''' This lex does not in itself restrict a former magistrate from standing for election in the appropriate comitia to fill the vacancy caused by his or her resignation.		::'''B.iii.''' This lex does not in itself restrict a former magistrate from standing for election in the appropriate comitia to fill the vacancy caused by his or her resignation.

Line 37:		Line 46:
	:'''VII.''' Accreditation of century points for partial service of a term of office shall not be affected by this lex.		:'''VII.''' Accreditation of century points for partial service of a term of office shall not be affected by this lex.

−	~~Original text of lex as passed in comitia, maintained here for transparency and tracability:~~

		+	<small>
		+	(The following is also introduced by the [[Lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve (Nova Roma)\|lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve]], and is under review)
		+
		+	The resigning magistrate may not use any of his or her powers and rights as a magistrate from the moment of announcing the resignation. The loss of magistracy will not take permanent effect until the presiding official accepts it, but if the resignation nundinum expires, it becomes permanent automatically. The resigning magistrate may withdraw the resignation during this nundinum, and resume full powers and rights as a magistrate, unless the presiding official has formally accepted and made it official record already. The resignation will be dated to the time when the resignation was announced by the resigning magistrate. If a presiding magistrate claims that a magistrate resigned in private communication, but the magistrate in question denies it, and there is no public evidence of the resignation, the resignation shall not be considered to have happened.
		+	</small>
		+
		+	</onlyinclude>
		+	</div>
		+
		+
		+	----
		+
		+
		+	=Previous versions of the lex Minucia de eiuratione magistratuum=
		+
		+	'''Version II. '''The [[Lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve (Nova Roma)\|lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve]], approved on the {{Dec 26}} {{2021}}, replaced sections III., the phrase “Comitia Populi Tributa” was completed as “Comitia Centuriata and Comitia Tributa” throughout, the phrase “twenty-four (24) hours” and “forty-eight (48) hours” was changed to “a nundinum (192 hours)”, and the phrase “45 days” to “a month” throughout this ''lex''.
		+
		+	<small>
		+	:'''III.''' The language of this lex is binding on resignation of magisterial offices elected in the Comitia Centuriata, in the Comitia Populi Tributa and in the Comitia Plebis Tributa.
		+
		+	::'''A.i.''' Resignation of an office elected in the Comitia Plebis Tributa is tendered in writing to the Tribuni Plebii or tendered in writing in the presence of three or more Plebian citizens, who shall witness and communicate the resignation to the Tribunes. Once advised of a resignation, the Tribuni Plebii shall respond in writing to the resigning magistrate within 24 hours, in order to acknowledge the tendered resignation, and a vacancy of that office is legally established.
		+
		+	::'''A.ii.''' Elections shall be held in the Comitia Plebis Tributa within 45 days of the established vacancy for a suffect magistrate,according to prevailing legal procedure governing elections of this comitia.
		+
		+	B.i. Resignations of offices elected in the Comitia Populi Tributa or the Comitia Centuriata are to be tendered in writing to the Consuls, or in the presence of three or more citizens,who shall acknowledge and communicate receipt of the resignation to the Consuls. Once advised of the resignation, the Consuls shall respond in writing within 24 hours to the resigning magistrate in order to acknowledge the tendered resignation, and a vacancy of that office is thereby legally established.
		+
		+	::'''B.ii.''' Elections shall be held in the appropriate comitia within 45 days of the established vacancy for a suffect magistrate, according to the respective prevailing laws governing these comitia elections.
		+	</small>
		+
		+
		+
		+
		+	'''Version I. ''' Original text of lex as passed in comitia, maintained here for transparency and traceability:
		+
		+	<small>
	This lex clarifies the legal definition of magisterial resignation,		This lex clarifies the legal definition of magisterial resignation,
	consequences of resignation, and those procedures legally necessary		consequences of resignation, and those procedures legally necessary
Line 110:		Line 153:
	forty-eight (48) hours from the time that the resignation goes into		forty-eight (48) hours from the time that the resignation goes into
	effect.		effect.
−	</~~onlyinclude~~>	+	</small>
−	~~</div>~~	+


	[[Category:Leges (Nova Roma)]]		[[Category:Leges (Nova Roma)]]

Gnaeus Cornelius Lentulus: moved Lex Minucia de eiuratione magistratum (Nova Roma) to Lex Minucia de eiuratione magistratuum (Nova Roma)

2021-12-21T22:41:08Z

moved Lex Minucia de eiuratione magistratum (Nova Roma) to Lex Minucia de eiuratione magistratuum (Nova Roma)

← Older revision

Revision as of 22:41, 21 December 2021

Gnaeus Cornelius Lentulus: moved Lex Minucia Moravia eiuratione magistratum (Nova Roma) to Lex Minucia de eiuratione magistratum (Nova Roma)

2021-12-21T22:39:36Z

moved Lex Minucia Moravia eiuratione magistratum (Nova Roma) to Lex Minucia de eiuratione magistratum (Nova Roma)

← Older revision

Revision as of 22:39, 21 December 2021

Decimus Aurelius Ingeniarius: added tags

2020-10-12T04:24:52Z

added <onlyinclude> tags

← Older revision		Revision as of 04:24, 12 October 2020
Line 14:		Line 14:

	<div class="scriptum">		<div class="scriptum">
		+	<onlyinclude>
	:'''I.''' This Lex pursues the constitutional language of Section IV, headed 'Magistrates', which states that an office becomes vacant when a magistrate resigns or dies.		:'''I.''' This Lex pursues the constitutional language of Section IV, headed 'Magistrates', which states that an office becomes vacant when a magistrate resigns or dies.

Line 109:		Line 110:
	forty-eight (48) hours from the time that the resignation goes into		forty-eight (48) hours from the time that the resignation goes into
	effect.		effect.
		+	</onlyinclude>
	</div>		</div>


	[[Category:Leges (Nova Roma)]]		[[Category:Leges (Nova Roma)]]

Gaius Cocceius Spinula at 14:17, 1 February 2010

2010-02-01T14:17:45Z

← Older revision		Revision as of 14:17, 1 February 2010
Line 1:		Line 1:
		+	{{Praetores}}
		+
	{\|width="100%"		{\|width="100%"
	\|-		\|-

Gnaeus Equitius Marinus: ~~~~ Added original text of law, as voted on in comitia, to the bottom of the edited text. Do not remove it.

2009-11-16T03:32:20Z

~~~~ Added original text of law, as voted on in comitia, to the bottom of the edited text. Do not remove it.

← Older revision		Revision as of 03:32, 16 November 2009
Line 33:		Line 33:

	:'''VII.''' Accreditation of century points for partial service of a term of office shall not be affected by this lex.		:'''VII.''' Accreditation of century points for partial service of a term of office shall not be affected by this lex.
		+
		+	Original text of lex as passed in comitia, maintained here for transparency and tracability:
		+
		+	This lex clarifies the legal definition of magisterial resignation,
		+	consequences of resignation, and those procedures legally necessary
		+	to validate and remedy magisterial vacancy due to a resignation of
		+	office, in accordance with the Constitution of Nova Roma, Section
		+	IV, on 'Magistrates', which states that an office becomes vacant
		+	when a magistrate resigns or dies while in office. The language of
		+	this lex is binding on resignation of magisterial offices elected in
		+	the in the Comitia Populi Tributa and in the Comitia Plebis Tributa.
		+
		+	I.A: An elected magistrate resigns from office by tendering his or
		+	her notification of a resignation to the presiding official (defined
		+	below) of the comitia in which the resigning magistrate was elected.
		+
		+	B: The Tribunes of the Plebs are the presiding officials of the
		+	Comitia Plebis Tributa. A resignation of an office that was elected
		+	in the Comitia Plebis Tributa may be tendered in writing directly to
		+	one or more Tribunes of the Plebs, or else is tendered to the
		+	Tribunes of the Plebs by posting a notice of resignation via the
		+	official Comitia Plebis Tributa list, or a list that is supported by
		+	Nova Roma as a Public Forum.
		+
		+	C: The Consuls and Praetors are the presiding officials of the
		+	Comitia Populi Tributa. A resignation of an office that was
		+	elected in the Comitia Populi Tributa may be tendered in writing
		+	directly to one or both Consuls or Praetors, or else is tendered
		+	by posting a notice of resignation on a list that is supported by
		+	Nova Roma as
		+	a public Forum.
		+
		+	II.A: A vacancy of office is legally established when an appropriate
		+	presiding official acknowledges in writing the receipt of a tendered
		+	resignation to the resigning magistrate. A vacancy may also be
		+	legally established when the Censors inform the presiding
		+	magistrates that a magistrate is unreachable after an absence of 45
		+	or more days.
		+
		+
		+	B: Within twenty-four (24) hours of receiving notification of a
		+	resignation, the presiding official of the respective comitia – any
		+	one of the Consuls or Praetors, or any one of the Tribunes of the
		+	Plebs, as the case may be, shall acknowledge receipt in writing to
		+	the resigning
		+	magistrate.
		+
		+	C. Consuls shall not accept a resignation from office of a
		+	magistrate elected in the Comitia Plebis Tributa.
		+
		+	D. Tribunes of the Plebs may only accept the resignation from office
		+	of a magistrate elected in the Comitia Populi Tributa as in II A and
		+	B when none of
		+	the Consuls or Praetors is available to accept the resignation on
		+	behalf of this comitia.
		+
		+	III: Elections shall be held within 45 days of the established
		+	vacancy for a suffect magistrate in the legally appropriate comitia,
		+	according to prevailing legal procedures governing elections of
		+	that comitia.
		+
		+	IV: This lex does not in itself restrict a former magistrate from
		+	standing for election in the Comitia Plebis Tributa or in the
		+	Comitia Populi Tributa to fill the vacancy caused by his or her
		+	resignation, and for which he or she is eligible to hold.
		+
		+	V: The presiding official of a comitia who lawfully acknowledges
		+	receipt of a resignation from office of any magistrate who was
		+	elected in either the Comitia Plebis Tributa or Comitia Populi
		+	Tributa, as outlined in this lex, shall be responsible for
		+	communicating this information to the Censors, the Magister
		+	Aranearius and to the citizenry via public fora within the following
		+	forty-eight (48) hours from the time that the resignation goes into
		+	effect.
	</div>		</div>


	[[Category:Leges (Nova Roma)]]		[[Category:Leges (Nova Roma)]]