Lex Cornelia de quaestoribus (Nova Roma)

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This lex is currently IN FORCE.

Approved by comitia centuriata
Yes: 27 No: 7 Abs.: 0
a.d. V Kal. Iun. L. Sulla (III) cos. sine collega MMDCCLXVI a.u.c.

This lex has been modified by the lex Tullia de quaestoribus adiumento vocandis, enacted on on the a.d. VII Kal. Ian. Q. Arrio (III) A. Tullia cos. MMDCCLXXIV a.u.c..

Current version as modified by the lex Tullia de quaestoribus adiumento vocandis

In recent years, Nova Roma has had ongoing vacancy issues, specifically regarding the electoral officers. Some offices often experienced the absence of the office holder due to personal or macronational problems. This has an adverse affect on the people of Nova Roma, and this law intends to address the issue of vacant offices and absent magistrates by authorizing the consuls, praetors and aediles to order the quaestors to complete various tasks and to deputize or to stand in for various magistrates.

I. In the event of a magisterial or administrative vacancy (vacant office or absent, unavailable officer), the consuls can order a quaestor to stand in for the absent magistrate. The quaestor so appointed by the consuls will not have the powers of the magistrate that they are substituting for, but they shall do those duties for the missing or absent magistrate which do not require using the specific constitutional powers uniquely possessed by the missing or absent magistrate.

II. A presiding magistrate of voting comitia may order any quaestor to accept appointment for the positions of rogator, diribitor and custos if there is lack of volunteers for these positions; the quaestor may not refuse the order of the magistrate unless the quaestor declares his or her candidacy in the same election for which he or she was selected to be an electoral officer.

III. Magistrates who know in advance that they will be unavailable or incapable of doing their duties for a period of time have the right to delegate part of their powers and duties and to empower any quaestor to stand in for them and to complete specific tasks, including tasks that are within the exclusive power of the magistrate who is giving the authorization. The magistrate may order the selected quaestor without an option for refusal. The designation of the quaestor as deputy and the tasks the quaestor is empowered to do in the name of the magistrate shall be briefly defined in an edict, as well as the extent of time of the authorization.

III.A. The quaestor will not be permitted to usurp any power of the magistrate for which he or she has not received specific authorization.
III.B. Quaestors, so empowered to act in the name of a magistrate, shall declare in the name of which magistrate they are acting for in all of their official acts and documents they compose during their authorized period of service.
III.C. Quaestors may not be delegated the power of intercessio, the powers of lectio senatus, recognitio equitum, the regimen morum (which term includes the animadversio and the nota), and the right to convene the senate or the comitia. Quaestors may be delegated the right to convene the comitia in the name of a magistrate in case of legal proceedings upon specific authorization and instructions by the praetor or other magistrate holding a trial before the people.

IV. Magistrates may order any of the four quaestors who are not consular or praetorian quaestors to complete various tasks determined by the magistrates within their field of competence.

V. Magistrates shall consult with the selected quaestor before assigning duties to them, and shall not overload them with unrealistic demands. Magistrates are required to exercise discretion and understanding when ordering quaestors to perform various tasks. Quaestors who become overloaded with tasks have the right to complain to the tribunes of plebs, asking them to veto the order of the magistrate. Quaestors may also seek a higher ranking magistrate to veto the lower ranking magistrate making the excessive demand, or, if all of these attempts fail, quaestors can send a petition to the senate asking exemption from under the order of the magistrate.

Previous version of the lex Cornelia de quaestoribus

This lex was replaced in toto by the lex Tullia de quaestoribus adiumento vocandis, approved on the a.d. VII Kal. Ian. Q. Arrio (III) A. Tullia cos. MMDCCLXXIV a.u.c..

Pursuant to Section IV.A.2.b and c of the constitution of Nova Roma and of IV.A.6 of the Constitution of Nova Roma

Introduction: In recent years Nova Roma has had ongoing vacancy issues specifically regarding the electoral officers, Diribitores and Custodes, Editor Commentariorum and Rogatores positions. This has an adverse affect on the people of Nova Roma being able to express their will because the Comitia's that represent the Peoples’ wishes have not been able to be summoned. This law intends to address the issue by giving expanding Consular authority to assign Quaestors to fill the vacant positions until those positions are filled by election or appointment.

A. The positions and offices under the scope of this lex are: Diribitores (also known as election officers) Rogatores. Custodes. Editor commentariorum

B: In the event of a magisterial or administrative vacancy on any of the positions mentioned in Section A The Consul may assign Quaestors to one of those vacant positions. These vacancies, most importantly, the election officers, are vital to the organization and must be filled even if it means that magistrates who are allowed the use of Quaestors go without.

C. Upon being assigned to an open office, a Quaestor will be listed as holding both the Quaestor position to which he or she was elected and as a Suffect from the position he or she was appointed to on the Nova Roma Magistrates page on the official website. Each Quaestor can only be assigned to one open position described in section A as Suffect at a time but may be assigned to more than one such suffect office in the course of a year provided only one such office is held at any time. Any Quaestor assigned to an open position described in A will earn the full century points for the Quaestor position and half of the Century points for holding a Suffect position he or she was appointed. If a Quaestor is assigned as a Suffect officer in those positions more than once in the course of a year, that Quaestor will receive full Century points for holding the office of Quaestor and half the Century points normally granted for the Suffect office with the highest Century point value that he or she held regardless of the length of time actually holding the office.

C. Election related issues: each Quaestor, upon accepting the position of a Diribitor or a Custos accepts the restrictions of not being able to run for office in the next calendar year. If the Quaestor wishes to be relieved of the position the Quaestor must petition the Consuls with at least 30 (thirty) days notice of the summons of the Comitia (Comitia Centuriata, Comitia Populi Tributa or the Comitia Plebis Tributa). The Consul has the discretion to accept or deny the petition with notification given in writing to the Quaestor within seven (7) days of the request.

D. Any changes on any of the positions listed in A will be considered to be reflected in this lex. If a position ceases to be an independent office or ceases to exist then no Consul would be able to assign a Quaestor to that position. In other words, this lex will be valid unless specifically repealed by future legislation.

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