Lex Fabia de oppidis et municipiis (Nova Roma)

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Contents

This lex is currently IN FORCE.

Approved by comitia populi tributa
Yes: 21 No: 14 Abs.: 0
a.d. VIII Id. Oct. K. Fabio T. Labieno cos. MMDCCLVI a.u.c.


1. Membership:

  • 1. The citizens of Nova Roma have the right to form local communities. These local communities shall have internal autonomy to the extent stated in this law.
  • 2. Every citizen of Nova Roma living within the geographical limits of a certain local community (as defined by its "foedus" (charter)) shall have the right to be a member of that local community. No one who does not live within those geographical limits shall be a member of that local community.
  • 3. Every member of a local community shall have the right to relinquish his or her membership in that local community without losing any of his or her rights as a citizen of Nova Roma.
  • 4. Loss of Nova Roman citizenship shall involve loss of membership in a local community.
  • 5. Subject to the above requirements, every local community has the right to determine its own membership.

2. Features of local communities:

  • 1. In order to receive official approval by Nova Roma a local community must have the following features:
    • 1. An "Album Civium" (roll of citizens) that lists the names of the citizens of Nova Roma who are also members of the local group.
    • 2. Local "comitia" (an assembly) of citizens.
    • 3. A "tabularium" (law repository) to keep the local laws approved by the local comitia and the edicta issued by local magistrates.
    • 4. A certain number of local magistrates.
  • 2. According to their size, there shall be two kinds of local groups:
    • 1. An "oppidum" shall be a local group of at least five members.
    • 2. A "municipium" shall be a local group of at least thirty-five members.

3. Approval of local communities:

  • 1. Approval of an oppidum:
    • 1. In order to gain official approval as an oppidum, a group of five or more citizens of Nova Roma shall present a "foedus" (charter) to the provincial governor. If the requirements in III.a.2 are met, the governor may approve the foedus by edictum.
    • 2. The foedus shall clearly define the following: the official name of the oppidum; its geographical limits; the existence of comitia oppidana; the titles, duties and rights of its magistrates; the procedures for the election of its magistrates; the procedures for the maintenance of its album civium.
    • 3. Once he has approved the foedus of the oppidum, the governor shall appoint two provisional "aediles" to handle the election of the oppidum's first magistrates from among the citizens of the oppidum. Those provisional aediles shall arrange and conduct a legal election within sixty days from their appointment. Their office shall expire on election of regular aediles.
    • 4. The governor must be informed of any change to the oppidum's foedus, and shall then, after any appropriate discussions with the oppidum, issue an edictum either endorsing the change or withdrawing official approval from the oppidum.
    • 5. The provincial governor may at any time rescind the approval of an oppidum.
    • 6. The provincial governor is answerable to the Senate for his actions concerning the matters in III.a.
    • 7. In countries sine provinciis, the Senate may appoint a representative to act in a governor's stead.
    • 8. Acting as the Board of Directors, the Senate may recognise oppida as local chapters of Nova Roma in order to allow them to benefit from Nova Roma's status as a non-profit-organisation.
  • 2. Approval of a municipium:
    • 1. In order to gain official approval as a municipium, a group of thirty-five or more citizens of Nova Roma shall present a "foedus" (charter) to the provincial governor. The governor shall forward the foedus unchanged to the consules, who shall present it to the Senate. The governor may add a recommendation which shall be presented to the Senate along the foedus.
    • 2. The foedus shall clearly define the following: the official name of the municipium; its geographical limits; the existence of comitia municipalia; the titles, duties and rights of its magistrates; the procedures for the election of its magistrates; the procedures for the maintenance of its album civium.
    • 3. Once the foedus has been approved by the Senate, it shall have the legal precedence of a senatus consultum for purposes of legal precedence under article I.B. of the constitution.
    • 4. Once the foedus has been approved by the Senate, the governor shall appoint provisional "duumviri" to handle the election of the municipium's first magistrates from among the citizens of the municipium. Those provisional duumviri shall arrange and conduct a legal election within sixty days from their appointment. Their office shall expire on election of regular duumviri.
    • 5. The foedus shall then be presented to the comitia municipalia for ratification as a lex municipalis.
    • 6. The Senate must be informed of any change to the municipium's foedus, and shall then, after any appropriate discussions with the municipium, issue a senatus consultum either endorsing the change or withdrawing official approval from the municipium.
    • 7. The Senate may at any time rescind the approval of a municipium.
    • 8. Acting as the Board of Directors, the Senate may recognise municipia as local chapters of Nova Roma in order to allow them to benefit from Nova Roma's status as a non-profit-organisation.
    • 9. In countries sine provinciis, the foedus may be presented directly to the consules.

4. Comitia:

  • 1. In order to meet the requirements of II.a.2 a local community must have local comitia (an assembly of its members) as described in this paragraph. In the case of an oppidum, these local comitia shall be called "comitia oppidana", in the case of a municipium, they shall be called "comitia municipalia".
  • 2. Voting in a "comitia oppidana" or "comitia municipalia" shall require physical presence of the voter in the place where the "comitia oppidana" or "comitia municipalia" are being held.
  • 3. The local comitia shall elect all local magistrates and enact leges (called "leges oppidanae" or "leges municipales" as appropriate) binding upon the members of the local community.
  • 4. The local comitia shall be called to order by the highest ranking magistrate of the local community (as defined in the foedus) through an edictum.
  • 5. All the members of a local community shall have the right to speak and vote in its comitia.
  • 6. The local comitia shall be called to order at least once every three months for informational sessions.

5. Legal precedence:

  • 1. Leges approved by the comitia of a local community shall have precedence over edicta of local magistrates of that community.
  • 2. Leges approved by the comitia of a local community and edicta issued by local magistrates shall take a lower precedence than the constitution and laws of Nova Roma, the senatus consulta of the Senate of Nova Roma, the edicta of magistrates of Nova Roma (including the provincial governor), and the decreta of the pontifical and augural colleges of Nova Roma.
  • 3. The actions of local comitia and magistrates shall be subject to intercessio by the provincial governor and by the tribuni plebis and curule magistrates of Nova Roma in accordance with the constitution and the laws of Nova Roma.
  • 4. Local magistrates shall be considered under the authority of their provincial governor in terms of authority conflict.

6. Local Magistrates:

  • 1. In order to meet the requirements of II.a.4 a local community must have at least two magistrates as described in this paragraph.
  • 2. The highest ranking magistrates of an oppidum shall use the title "aediles", those of a municipium shall use the title "duumviri". These offices shall be collegial magistracies composed of two members of equal power.
  • 3. In the case of a municipium, the foedus may also define a "decuria municipalis" (local senate).
  • 4. The local magistrates defined by the foedus may have the following rights and duties:
    • 1. To issue those edicta necessary to carry out those tasks which they are mandated by the law to engage in (such edicta being binding upon themselves as well as the other members of the local community);
    • 2. To call the local comitia to order;
    • 3. To pronounce intercessio against another local magistrate of equal or lesser authority;
    • 4. To maintain the local album civium and the tabularium;
    • 5. To appoint scribae to assist with administrative and other tasks, as they shall see fit.
  • 5. The foedus may define different levels of power and authority for the local magistrates within the limits established in VI.a and VI.c.
  • 6. Local magistrates will be elected by the comitia of the local community annually.

7. A local group based in the city of Rome, Italy, shall use the title "urbs" in order to recognize Rome's glorious past.

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