Rogatio Popillia altera 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.

II. ((Sublection of senatores))

The censores shall see to it that vacancies in the senate shall be filled.

A. After they have declared the maximum number of senatores (and not before) according to article I, the censores shall sublect citizens to fill any vacancies in the senate up to the maximum which they have set, or as near to the maximum as they consider reasonable.

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

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

F. They shall next sublect citizens at their discretion, giving due weight to their past tenure of magistracies and public religious offices, to their seniority, and to their good character.

III. ((Removing and passing over senatores))

The censores shall retain discretion composing the senate.

A. They may, before adding any new senatores, remove existing senatores from the senate on grounds of conduct seriously harmful to the dignity of the senate.

B. This may only be done with the agreement of both the censores; they shall make public explanation of their reasons for doing so.

C. In adding new senatores, they may pass over any citizen qualified under II.b, c, e, or e on grounds of conduct which would be seriously harmful to the dignity of the senate.

D. This may be done if either of the censores wishes; they shall make public explanation of their reasons for doing so.

E. Any senator removed in this way and any citizen passed over for addition to the senate in this way shall no longer be entitled to attend, speak at, or vote at meetings of the senate.

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

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.

B. No flamen Dialis, dictator, censor, consul, or praetor 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 (see article III).

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. ((Repeals))

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