Lex Popillia senatoria (Nova Roma)

This lex follows the institutions of the kings in establishing a maximum size for the senate, and the lex Ovinia of c.318 in setting guidelines for the selection of new senatores.

I. ((Number of senatores))

After each census the censores shall declare a maximum number of senatores.

A. This number shall be 15% of the total number of assidui at the time, or the nearest whole number.

B. This number shall be the maximum number of senatores until the number is revised by the censores after the following census.

C. This number shall never be lower than the number of senatores who exist at the time of the declaration, regardless of the number of assidui.

D. This number shall never exceed 300, regardless of the number of assidui.

E. After they have declared the maximum number of senatores (and not before), the censores shall revise the list of senatores.

II. ((Removal of senatores))

The censores may remove senatores from the list.

A. They shall begin with the list drawn up by the previous censores.

B. They shall first strike from the list those who have died or lost their citizenship since the last list was drawn up.

C. They may also strike from the list any existing senatores whose past conduct they consider seriously harmful to the dignity of the senate. They shall make public explanation of their reason for doing so.

D. An existing senator may only be removed from the list with the agreement of both censores.

III. ((Sublection of senatores))

The censores shall add new senatores to the list.

A. After removing any senatores whom they wish to remove from the list, the censores shall sublect (add) new senatores to the list until the total number of senatores is equal to the maximum which they have set, or as near to the maximum as the censores consider reasonable.

B. They shall first sublect any dictatorii (citizens who have completed terms as dictator) who have not already been sublected, removed, or passed over for sublection.

C. They shall next sublect any censorii (citizens who have completed terms as censor) who have not already been sublected, removed, or passed over for sublection.

D. They shall next sublect any consulares (citizens who have completed terms as consul) who have not already been sublected, removed, or passed over for sublection.

E. They shall next sublect any praetorii (citizens who have completed terms as praetor) who have not already been sublected, removed, or passed over for sublection.

F. They shall next sublect citizens at their discretion, giving due weight to their past tenure of public office, to their seniority, and to their good character. These may include citizens who were passed over or removed from the senate by previous censores.

G. They may pass over for sublection any citizen qualified under III.B, C, D, or E whose past conduct they consider would be seriously harmful to the dignity of the senate. They shall make public explanation of their reason for doing so.

H. A new senator may only be added to the list with the agreement of both censores.

IV. ((Ius sententiae dicendae))

Higher magistrates and ex-magistrates shall be entitled to attend meetings of the senate.

A. Any flamen Dialis, dictator, censor, consul, or praetor shall be entitled to attend meetings of the senate and to vote therein; any tribunus plebis shall be entitled to attend meetings of the senate but not to vote therein.

B. No flamen Dialis, dictator, censor, consul, praetor, or tribunus plebis shall be counted toward the total number of senatores.

C. Any dictatorius, censorius, consularis, or praetorius shall be entitled to attend meetings of the senate and to vote therein, except one who has been deliberately passed over for sublection.

D. No dictatorius, censorius, consularis, or praetorius shall be counted toward the total number of senatores unless he or she has already been sublected by the censores.

V. ((Immunity))

A decision of the censores to remove an existing senator, or of either censor to pass over a citizen for sublection, is not subject to any appeal or provocatio and cannot be used as grounds to prosecute any current or former censor.

VI. ((Repeals))

The leges Vedia senatoria, Arminia senatoria, and Octavia de senatoribus are repealed.