Constitution II - MMDCCLII (Nova Roma)

After the Dictatorship of MMDCCLII, an entirely new constitution was enacted, written by Flavius Vedius Germanicus and ratified by the new Senate. This document, amended several times, remains in use today; see Constitution (current) for the current version.

Contents 1 Preamble 2 I. Constitutional Basis 3 II. Citizens and Gentes 4 III. Comitia 5 IV. Magistrates 6 V. The Senate 7 VI. Public Religious Institutions

Constitution of Nova Roma: Constitution II - MMDCCLII (Nova Roma) Enacted: MMDCCLII via: [[Dictatorship of MMDCCLII (Nova Roma)|Dictatorship of MMDCCLII]] Preceded by: Constitution I - MMDCCLII Followed by: unknown

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 functions 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

• 1. 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, magistral 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.

• 2. 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 consultum ultima, laws properly voted and passed by one of the comitia, decreta passed by the collegium pontificum, decreta passed by the collegium augurium, 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 comitia contradict one passed by another or the same comitia without explicitly superceding that law, the most recent law shall take precedence.

• 3. This Constitution shall serve as the bylaws for Nova Roma, a legally incorporated entity in the state of New Hampshire, 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.

• 4. 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.

• 5. 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

• 1. Citizenship
  • 1. Any person who is sui juris by the municipal laws of his or her domicile may apply for citizenship.
  • 2. A person who is not sui juris by the municipal laws of his or her domicile may, with the written permission of their parent or legal guardian by the relevant municipal law, petition the pater or mater-familias of a Nova Roma gens for admission to that gens. Should the paterfamilias assent, that person shall be considered a member of the gens and may participate in the religious and social life of Nova Roma. Such gens members who are not full citizens are the sole responsibility of the paterfamilias, and need not be registered with the censors.
  • 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.

• 2. The following rights of the citizens 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 forums and discussions, and the right to reasonably expect such forums 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 forums 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 remain sovereign and secure within one's own home, person, and property;
  • 7. The right to seek and receive assistance and advice from the State in matters of religious and social dispute 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.

• 3. 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). The patrician order shall consist of belonging to those gentes that were among the first thirty to join Nova Roma. Should one of these spots become vacant, the censors shall have the power to elevate a plebeian gens to patrician status in its place.
  • 2. Ordo equester (equestrian order). The equestrian order shall consist of citizens who are engaged in the conduct of commerce (preferably with a Roman theme) who request and are granted entry into the equestrian order by the censors. Such individuals are expected to contribute a portion of the revenue derived from Nova Roma back to the State, and receive reasonable encouragement in their enterprises in return. For purposes of participating in the comitia, holding office, etc. members of the equestrian order shall be considered to be of the patrician or plebeian order, depending on their status prior to inclusion in the equestrian order.
  • 3. Ordo plebeius (plebeian order). The plebeian order shall consist of individuals who do not belong to either the patrician or equestrian orders.

• 4. Gentes. Families and clans being the backbone of Roman society, the prerogatives and responsibilities of the family are of primary importance to Nova Roma. Except where specifically dealt with in this constitution and the law, each gens 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 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 (surname) unless they are differentiated by an agnomen. The censors shall be responsible for ensuring this rule is observed.
  • 3. Each gens shall, through whatever means it may determine appropriate, have a paterfamilias (fem. materfamilias) who shall act as the leader of the gens and speak for it when necessary. The holder of this position must be registered as such with the censors. The paterfamilias may, at his or her discretion, expel members of their gens, or accept new members into it.

• 5. 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 one hundred and ninety-three centuries, into which the censors shall divide all of the citizens. 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

• 1. The Comitia Curiata (Assembly of Curiae) shall be made up of thirty lictores curiatae (curia lictors), appointed to their position 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 his edicts), interpret and execute law, and possess the honor of being preceeded 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.

• 2. 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.

• 3. 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.

• 4. 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.

• 1. The ordinarii, in decreasing order of authority, are as follow. Should an office in mid-term become vacant and suitable candidates are 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.
  • 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:
    • 1. 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);
    • 2. 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;
    • 3. To maintain the album gentium (list of gentes) and appropriate information regarding them;
    • 4. To maintain the album senatorium (list of Senators), including the power to add and remove names on that list according to qualifications set by law;
    • 5. To maintain the album equestris (lists of members of the equestrian order), including the power to add and remove names on that list;
    • 6. To safeguard the public morality and honor through the collegial administering of nota;
      • 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.
    • 7. To appoint scribae (clerks) to assist with administrative and other tasks, as he 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:
    • 1. To hold Imperium and have the honor of being preceeded by twelve lictors;
    • 2. 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);
    • 3. To call the Senate, the comitia centuriata, and the comitia populi tributa to order;
    • 4. To pronounce intercessio (intercession; a veto) against another consul or magistrate of lesser authority;
    • 5. To appoint accensi (personal assistants) to assist with administrative and other tasks, as he 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:
    • 1. To hold Imperium and have the honor of being preceeded by six lictors;
    • 2. 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);
    • 3. To call the Senate, the comitia centuriata, and the comitia populi tributa to order when the Consuls are unavailable;
    • 4. To pronounce intercessio against another praetor or magistrate of lesser authority;
    • 5. To appoint scribae (clerks) to assist with administrative and other tasks, as he shall see fit.
  • 4. Aediles Curules (Curule Aedile). 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:
    • 1. To hold Imperium;
    • 2. 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);
    • 3. To pronounce intercessio against another aedile (curule or plebeian) or magistrate of lesser authority;
    • 4. To appoint scribae (clerks) to assist with administrative and other tasks, as he shall see fit.
  • 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:
    • 1. 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);
    • 2. To pronounce intercessio against another plebeian aedile or magistrate of lesser authority;
    • 3. To appoint scribae (clerks) to assist with administrative and other tasks, as he 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). Two tribunes of the plebs 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:
    • 1. To collegially pronounce intercessio against the actions of any other magistrate (with the exception of the dictator and the interrex), Senatus consulta, and laws passed by the comitia when they feel that the spirit and letter of this Constitution are being violated thereby;
    • 2. To be immune from intercessio pronounced by other magistrates;
    • 3. To be privy to the debates of the Senate, and keep the citizens informed as to the content and progress thereof;
    • 4. To call the Senate and the comitia plebis tributa to order.
  • 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.

• 2. The extraordinarii are as follow:
  • 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 provocato. The dictator shall hold Imperium and have the honor of being preceeded 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 Senatorium (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:

• 1. 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.
• 2. 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.
• 3. The Senate may, by Senatus consultum, create provincia (provinces) for administrative purposes and appoint provincial governors therefor. Such governors may have quaestors assigned to them to handle the disbursement of any funds that might come from the central government, as well as to manage any local funds.
  • 1. Governors shall have the following honors, powers, and obligations:
    • 1. To hold imperium and have the honor of being preceeded by six lictors solely within the jurisdiction of their provincia;
    • 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 provincia (such edicts being binding upon themselves as well as others);
    • 3. To manage the day-to-day organization and administration of their provincia;
    • 4. To appoint legati (legates) to administer sub-divisions of their province with all of the authority of the governor and to remove the same as they see fit;
    • 5. To appoint scribae (clerks) to assist with administrative and other tasks, as the governor shall see fit.
  • 2. The titles for provincial governors are as follow:
    • 1. Those currently serving as consuls or praetors shall go by their normal title;
    • 2. Consuls serving as governors whose term in office as consul has expired, yet who are continuing in their role as governor, shall be called proconsuls;
    • 3. Praetors serving as governors whose term in office as praetor has expired, yet who are continuing in their role as governor, as well as those citizens whom the Senate shall appoint who are not currently serving as consul or praetor shall be called propraetors.
  • 4. 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.
  • 5. The Senate shall have the power to issue the Senatus consultum ultimum (the ultimate decree of the Senate). When in effect, this decree will supercede all other govermental 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.
  • 6. 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

• 1. 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 publically 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.
• 2. 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 collegiae. 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:
    • 1. 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;
    • 2. To have ritual responsibilities within the Religio Romana; and general authority over the institutions, rites, rituals, and priesthoods of the public Religio Romana;
    • 3. 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 collegiae. It 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, with no exceptions.
    • 1. The collegium augurum shall have the following honors, powers, and responsibilities:
      • 1. To research, practice, and uphold the ars augurium (the art of interpreting divine signs and omens, solicited or otherwise);
      • 2. To issue decreta (decrees) on matters of the ars augurium and its own internal procedures (such decreta may not be overruled by laws passed in the comitia or Senatus consultum).
    • 2. 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 nuntiatio (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.