Annotated Constitution - IV. Magistrates

Revision as of 05:47, 3 May 2013

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.

• Lex Vedia de cursu honorum (Nova Roma)

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 no later than December 15th, and newly-elected officials shall assume their offices on January 1st. 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:

• Lex Arminia de ratione edictorum (Nova Roma)

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;

• Lex Fabia de censu (Nova Roma)

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);

• Lex Salicia iudiciaria (Nova Roma)

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.

• Lex Labiena de intercessione (Nova Roma)

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;

• Lex Salicia de convocatione tribunicia comitiorum (Nova Roma)

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.

• Lex Labiena de iure edicendi vigintisexvirorum (Nova Roma)

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.

• Lex Vedia apparitoria (Nova Roma)

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.