Lex Fabia de oppidis et municipiis (Nova Roma)

From NovaRoma
Revision as of 10:46, 6 January 2022 by Gnaeus Cornelius Lentulus (Talk | contribs)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search
Praetor-logo.png This page is maintained under authority of the Praetores. Make no unauthorized changes .

 Home| Latíné | Deutsch | Español | Français | Italiano | Magyar | Português | Română | Русский | English

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

Contents

This lex is currently IN FORCE.

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


Current version as modified by the lex Arria de castris et coloniis

Preamble

“Oppidum” was a general term for cities and townships in the Roman empire, and this lex intends to encourage and regulate the establishment of different type of local res publicae, civitates, official local communities in those oppida where at least five modern Romans are located. The overall term for such local communities shall be commune or, with a more accepted English term, municipality (civitas oppidana, res publica oppidana, municipalitas may be used as Latin terms). This lex also opens the possibility of confederation with Nova Roma for other res publicae, civitates, various forms of communities, which would support the function and mission of Nova Roma.

I. Membership in local communities

A. Citizens (cives optimo iure), associate citizens (cives Latini) or partial citizens (cives sine suffragio) and allies (socii) of Nova Roma shall have the right to form city based local communities, collectively called municipalities, within the Res Publica Nova Romana. These local communities shall have internal autonomy to the extent stated in this law.
B. Every citizen of Nova Roma living within the geographical limits of a certain municipality, as defined by its charter, shall be automatically a citizen of the municipality, except when it is decided otherwise by the municipality. No one who does not live within those geographical limits shall be a member of that local community, excepting those who have been granted honorary membership in the municipality.
C. Every member of a municipality shall have the right to relinquish his or her membership in that municipality without losing any of his or her rights as a citizen of Nova Roma.
D. Loss of Nova Roman citizenship shall involve loss of membership in a municipality of Nova Roman citizens (see IV.A), but will not cause loss of membership in a Latin municipality or in an allied municipality (IV.B-C).
E. The rights of the citizens of a municipality may be restricted as a disciplinary action by the government of the municipality, but in case of civilian municipalities, the available disciplinary actions shall be regulated by a municipal lex before any restriction can be applied.
F. Subject to the above requirements, every municipality has the right to determine its own membership.
G. Honorary citizenship with full membership rights may be given by the municipality, as determined by internal regulations of the municipality, to individuals living outside the territory of the municipality.

II. Required features of local communities

Local communities may be founded only within provinces and within the praefectura of Italia. In order to receive official approval by Nova Roma a local community must have the following features:

A. A definition of the city, the place and its boundaries, where the local community is located. The municipality shall be based on one macronational city, or if it is outside the territory of any cities, on a precisely defined single locality. The territorium of the municipality, from which citizens can receive membership in the municipality, can be larger than that single city, but it may not be larger than a county (or respective territorial subdivision used by the macronational country in question which is the smallest geographic unit within the country comprising more than one cities and having a self-government).
B. An "album civium" (roll of citizens) that lists the members of the local community.
C. A proposed treaty, the "foedus", for allied non-citizen municipalities or commonwealths, and a charter, the “regula” for military municipalities, the “constitutio” for the civilian municipality of a vicus, the “lex municipii” or “lex coloniae” for the civilian municipalities of a municipium or colonia.
D. A written Action Plan with a list of a projected system of annual activities for the community.

III. Forms of local communities

Municipalities are divided into two very different types: civilian municipalities with civilian democratic self-government, and military municipalities with a military government. For historical reasons, a municipality may decide to use any of these terms as part of their proper name, but the official label must be added to the full official name recorded in our public documents (for example, the current burgus can retain its name Colonia Rostallo even if it is not a colonia formally, and thus the full official name shall be burgus Colonia Rostallo).

A. Military municipalities, according to their size and nature, shall be classified into the following three categories:
1. A “burgus” or “castellum” (“burgus” suggests smaller size, but both terms can be used at the discretion of the founders) shall be a small military municipality of undetermined nature, with at least five members.
2. "Castra” or “castrum” (“castrum” suggests smaller size, but a more permanent, city-like status, while “castra” may imply a temporary situation, a marching camp, and it is the most military sounding of all; both terms can be used at the discretion of the founders) shall be a military municipality of at least fifteen members, with heavy focus on military reenactment.
3. “Canabae” shall be a military municipality of at least fifteen members, with a civilian focus, or at least with an equal focus on civilian and military reenactment.
B. Civilian municipalities, according to their size, degree of affiliation to Nova Roma and macronational status, shall have three different legal statuses. The initial legal status of the communities may be changed by the Senate or by the Comitia of Nova Roma if the community changes its characteristics.
1. A "vicus" shall be a municipality with at least five members.
a. A "conciliabulum" shall be a vicus formed as a simple voluntary association of citizens without formal approval by the state.
b. A “forum” shall be a vicus formed by an edictum of a magistrate or governor for administrative purposes.
2. A “colonia” or colony shall be a municipality of at least fifteen members, usually upgraded from a military municipality, which was not formed in the territory of a pre-existing city, or was not formed from a pre-existent macronational corporation. It may be linked to a pre-existent corporation whose members are not all members of Nova Roma, and which is not synchronized with Nova Roma. It may form a subsidiary macronational corporation, which is created by Nova Roma upon central decision, to aid its functioning, or it may create such corporation independently from Nova Roma, but one which is completely synchronized and subordinated to Nova Roma.
3. A "municipium" or federated state shall be a municipality with at least fifteen members which is formed from, and operates through, a pre-existent macronational corporation affiliated to Nova Roma in various degrees and forms of affiliation, but not created by Nova Roma. This corporation may be substituted by a very highly organized but legally not incorporated macronational club or association of people which has a charter or constitution and a regulated hierarchy, leadership or government (both legal corporations and such unincorporated associations shall be referred to as corporations for the purposes of this law). The corporation of a municipium may also be one which was created by Nova Romans and composed of Nova Romans only, but it is not one created by the central administration, and is not a subsidiary corporation of Nova Roma. If this corporation decides to fully subordinate itself to the central administration of Nova Roma, the municipium will be upgraded to a colonia. There may exist a different, locally unrestricted type of municipium-like community in affiliation with Nova Roma which is discussed under section IV.C.

IV. Civil rights status of municipalities

Municipalities have different civil rights statuses according to the degree of affiliation to Nova Roma. The initial civil rights status of the communities may be changed by the Senate or by the Comitia of Nova Roma if the community changes its characteristics.

A. Municipalities of Nova Roman citizens:
1. Composed exclusively of Nova Roman citizens or partial citizens (cives sine suffragio), they have the label “civium Novorum Romanorum.”
2. The proportion of cives optimo iure among the founders may not be less than 75%. They shall have privileges not granted to municipalities of lesser status, according to law.
B. Allied municipalities with the ius Latinum:
1. Composed of Nova Roman citizens and non-citizens, where at least the 50% of the founders are Nova Roman citizens, they have the label “Latinus, -a, -um” (according to the grammatical form of the accompanied term). Those members of the municipality who are not Nova Roman citizens receive the civitas Latina in Nova Roma also known as ius Latinum, by virtue of being member of such a municipality.
2. Laws shall accord more privilege to Latin municipalities than to simple allied municipalities, but lesser benefits than to what is due to fully Nova Roman municipalities.
3. As an award or distinction for very fruitful cooperation with Nova Roma, a Latin municipality can be raised by the Senate to the status of civitas Nova Romana sine suffragio. Such municipalities shall have the label “civium Novorum Romanorum sine suffragio”, and all of it members who are not Nova Roman citizens will automatically become cives sine suffragio.
C. Allied municipalities of non-citizens and allied commonwealths, symbolic states or corporations of non-citizens:
1. Composed either of non-citizens only, or, alternatively, of Nova Roman citizens and non-citizens, where less than 50% of the founders are Nova Roman citizens, they are defined as socii, and their legal denomination shall be “civitas foederata”. This category may not have the legal denomination of municipium or colonia.
2. To this category belong not only local groups but geographically undefined allied organizations which do not fit into the structure of Nova Roma as military reenactment units or gladiatorial groups. They acquire this status by the ratification of a “foedus” (treaty) with Nova Roma, which the Comitia or the Senate of Nova Roma shall ratify.
3. Civitates foederatae determine their internal structure, charter and bylaws independently from Nova Roma, but they shall observe their foedus with Nova Roma otherwise Nova Roma may dissolve the federation.
4. Such a civitas foederata may receive the ius Latinum and the grant of civitas Latina from the Senate or the Comitia as a sign of distinguished status in relation to Nova Roma even if none of their members is a Nova Roman citizen. This will make the civitas foederata a municipality with the ius Latinum (IV.B). Further increase in status may be granted by elevating the community to the civitas Nova Romana sine suffragio. An allied community may be granted Latin status or Nova Roman civitas sine suffragio at the discretion of the Senate and People of Nova Roma even without undergoing the previous grades of civil rights status.

V. Establishment of military municipalities

The difference between military reenactment units and military municipalities is that military municipalities are local communities, restricted to inhabitants of a city and its surroundings, while membership in military reenactment groups is not restricted to a given city or area. Another difference is that military municipalities can have any number of civilian members, they can be even predominantly composed of civilian members, while military units are normally composed of soldiers mostly, and civilians often do not have an indispensable function in them. In military municipalities, civilians can fill any role that can be interpreted within the frames of a city community. Military municipalities can better involve civilians who are connected to the legionary group, and focus their activities to a certain place. Military municipalities can serve as a focus of local loyalty, activity, a framework of local Roman society. If there is a Nova Roman military unit in the area, it is practical and advisable to found a city level local community first in form a military municipality, a permanent military camp, from which a real, fully-fledged colonia or municipium can develop. The advantage of starting out as a military municipality is that it is less bureaucratic, simpler to administer, it works entirely at the discretion of the leadership of the military unit to which it belongs.

A. In order to gain official approval as a burgus, castellum, castrum, castra or canabae, the required number of individuals, and their reenactment unit officer who is the commander of the founders (whether soldiers or civilians), shall present a "regula" (charter) to the provincial governor, or to a central magistrate with imperium. At least 50% of the founding members shall be members of the founding military unit, but later the proportions can change to any as long as the municipality remains linked to a Nova Roman autonomous reenactment unit. If the requirements in Section II are met, the governor or the magistrate with imperium may approve the regula by edictum. A military municipality shall always belong to an autonomous reenactment unit of Nova Roma or to an allied reenactment unit or to a reenactment unit that is a friend of Nova Roma, as defined by the lex Aurelia de legionibus.
B. The regula shall clearly define the following: the official name of the burgus, castellum, castrum, castra or canabae; its geographical limits; the autonomous legionary unit to which the municipality belongs; the titles, duties and rights of its officers; the procedures for the appointment of its officers; the procedures of issuing new regulations and orders, the procedures for the maintenance of its album civium; and the name of the governing commander to be appointed.
A. Once the regula of the military municipality has been approved, the governor or founding magistrate shall appoint a praefectus to govern the civilian municipality. If the governing officer of the military municipality is a Nova Roman citizen legally holding the title legatus of the legionary group which fills the municipality with its members, then the governing officer may be titled legatus. The governing commander of the military municipality is always appointed by the provincial governor, or by a chief commanding officer of an autonomous reenactment unit of Nova Roma. A military municipality shall always be under the administration and command of its mother unit, except when otherwise agreed in the charter or with the governor or government of Nova Roma.
B. The provincial governor must be informed of any intention to change the regula, and, if, after any appropriate discussions with the representatives of the military municipality, the governor approves them, he or she shall issue an edictum about the changes.
C. The Comitia of Nova Roma, the Senate, or if requested by the governing commander of the military municipality, the provincial governor, or a magistrate with imperium, may dissolve the military municipality.
D. The provincial governor is answerable to the Senate for his or her actions concerning the matters in this section V.

VI. Establishment of civilian municipalities

The founding charter of the civilian municipalities of the ius Latinum or of non-citizens shall be a “foedus” (treaty) detailing the terms of agreement and relationship with Nova Roma, the charter of the Nova Roman cives optimo iure shall be a constitutio, lex coloniae or lex municipii. In every case, the founding foedus, constitutio, lex coloniae or lex municipii shall be submitted to the Praetorian Law Revision Committee of Classicists and Latinists, stipulated by the lex Hortensia de legibus scribundis, and it shall be published or presented for legal approval only after this committee certified the document as historically and linguistically authentic and to be in accordance with the mos maiorum. If the praetorian committee suggests changes to the document, the founders shall make the changes and re-submit the document for certification.

A. Founding of a vicus with the legal status of conciliabulum
1. In order to establish a conciliabulum, a group of five or more individuals living in the defined city or territory of the future vicus shall publish a "constitutio" (charter), certified by the Praetorian Law Revision Committee of Classicists and Latinists, which meets the requirements of Section II, to the official Main Forum of Nova Roma.
2. The constitutio shall clearly define the following: the official name of the vicus; its geographical limits; the titles, duties and rights of its magistrates; the procedures for the election of its magistrates; the procedures of local legislation, the procedures for the maintenance of its album civium. These regulations shall be historically authentic.
3. Once the constitutio has been published, the vicani shall elect their local magistrates according to a method determined by their mutual agreement.
4. The provincial governor must be informed of any change to the vicus’s constitutio.
5. A conciliabulum may not be dissolved in any other way but by a majority vote of its members, or, if dissolution is warranted by its disruptive or criminal activity, by legal proceeding at Nova Roman court.
B. Founding of a vicus with the legal status of forum
1. In order to gain official approval as a forum, a group of five or individuals living in the defined city or territory of the future vicus shall present a "constitutio" (charter), certified by the Praetorian Law Revision Committee of Classicists and Latinists, to the provincial governor, or to a central magistrate with imperium. If the requirements in Section II are met, the governor or the magistrate with imperium shall, without the right of refusal, approve the constitutio by edictum. If the governor or magistrate objects to the constitutio due to any concerns, they should first negotiate the necessary changes with the founders. If a satisfactory solution cannot be negotiated, they shall submit the constitutio to the senate for decision with a commentary on the problems.
2. The constitutio shall clearly define the following: the official name of the vicus; its geographical limits; the titles, duties and rights of its magistrates; the procedures for the election of its magistrates; the procedures of local legislation, the procedures for the maintenance of its album civium. These regulations shall be historically authentic.
3. Once the constitutio has been approved, the governor or founding magistrate shall appoint a praefectus iure dicundo to handle the election of the vicus’s first magistrates from among the citizens of the vicus. The praefectus shall arrange and conduct a legal election within sixty days from his or her appointment. Their office shall expire on election of regular magistrates.
4. The provincial governor must be informed of any change to the vicus’s constitutio, and shall then, after any appropriate discussions with the representatives of the vicus, issue an edictum either approving or vetoing the change.
5. The Comitia of Nova Roma, the Senate, or if requested by the majority of the members of the vicus, the provincial governor, may dissolve the vicus.
6. The provincial governor is answerable to the Senate for his actions concerning the matters in VI.B.
C. Founding of a colonia
1. In order to establish a colonia, a group of fifteen or more individuals shall present a "lex coloniae" (charter and bylaws), certified by the Praetorian Law Revision Committee of Classicists and Latinists, to the provincial governor, or to a central magistrate with imperium. If the requirements in Section II are met, the governor or magistrate shall report the lex coloniae unchanged to the Senate. The governor or the magistrate may add a recommendation which shall be presented to the Senate along the lex coloniae. If the founding is supervised by a magistrate with the ius agendi cum populo, he or she may also present it to the Comitia of Nova Roma for approval.
2. The lex coloniae shall clearly define the following: the official name of the colonia; its geographical limits; the titles, duties and rights of its magistrates; the procedures for the election of its magistrates; the procedures of the ordo decurionum, the comitia and local legislation, the procedures for the maintenance of its album civium. These regulations shall be historically authentic.
3. The law approving the lex coloniae establishing the colonia shall be called “senatus consultum de colonia deducenda” if made by the Senate or “lex de colonia deducenda” if enacted by the Comitia. Once the lex coloniae has been approved, it shall have the legal precedence of a senatus consultum or lex, depending on the approving law, for purposes of legal precedence under article I.B. of the lex Cornelia Domitia de re publica constituenda.
4. Once the lex coloniae has been approved by the Senate or the Comitia, the Senate or the Comitia in the law establishing the colonia, or in absence of such instruction, the governor or the magistrate who supervised the process, shall appoint a committee of three citizens (or other number, usually two, three or ten, the number determining the Latin title, duoviri, tresviri, decemviri etc.), with the title “tresviri coloniae deducendae” to conduct the rituals and practical acts of founding the colonia, and to handle the election of the colonia’s first magistrates from among the coloni. The tresviri coloniae deducendae shall arrange and conduct a legal election within sixty days from his or her appointment. The office of the tresviri shall expire on election of the regular magistrates of the colonia.
5. The lex coloniae shall then be presented to the comitia coloniae for ratification.
6. The provincial governor must be informed of any change to the lex coloniae.
7. Only the Comitia of Nova Roma, the Senate, or the colonial comitia, may dissolve a colonia.
8. Acting as the Board of Directors, the Senate may recognise coloniae as local chapters of Nova Roma, Inc. in order to allow them to benefit from Nova Roma's status as a non-profit-organisation.
D. Incorporation of a municipium
1. In order to gain official approval as a municipium, a group of fifteen or more individuals from an existing macronational entity (corporation, foundation, club etc. or an unincorporated but highly organized association with government-like leadership, as described in III.B.3), shall present a "lex municipii" or “lex municipalis” (charter and bylaws), certified by the Praetorian Law Revision Committee of Classicists and Latinists, to the provincial governor, or to a central magistrate with imperium. If the requirements in Section II are met, the governor or magistrate shall report the lex municipii unchanged to the Senate. The governor or the magistrate may add a recommendation which shall be presented to the Senate along the lex municipii. If the founding is supervised by a magistrate with the ius agendi cum populo, he or she may also present it to the Comitia of Nova Roma for approval.
2. The lex municipalis shall clearly define the following: the official name of the municipium; its geographical limits; the macronational corporation or entity on which the municipium is based; the titles, duties and rights of its magistrates; the procedures for the election of its magistrates; the procedures of the municipal council, of the municipal comitia and local legislation, the procedures for the maintenance of its album civium. These regulations shall be historically authentic.
1. Once the lex municipii has been approved, it shall have the legal precedence of a senatus consultum or lex, depending of the approving law, for purposes of legal precedence under article I.B. of the lex Cornelia Domitia de re publica constituenda.
2. Once the lex municipalis has been approved by the Senate or the Comitia, the governor shall appoint a praefectus iure dicundo to handle the election of the municipium's first magistrates from among the citizens of the municipium. Even if the community had magistrates before incorporation to Nova Roma, the new magistrates shall be elected under the supervision of the praefectus in cooperation with the old magistrates. The praefectus iure dicundo shall arrange and conduct a legal election within sixty days from their appointment. The office of the praefectus iure dicundo shall expire on election of the regular magistrates of the municipium.
3. The lex municipalis shall then be presented to the comitia municipalia for ratification.
4. The provincial governor must be informed of any change to the lex municipii.
5. Only the Comitia of Nova Roma, the Senate, or the municipal comitia, may dissolve a municipium.
6. Acting as the Board of Directors, the Senate may recognise municipia as local chapters of Nova Roma, Inc.: by such an action, the municipium advances to the status of colonia.

VII. The local res publica

A. Local comitia
A municipium or colonia shall have local comitia (an assembly of its members) as described in this paragraph which shall be called "comitia municipalia" or “comitia coloniae”.
1. The local comitia shall elect all local magistrates, if not otherwise stated in the communal lex, and enact communal leges (called "leges municipii/municipales” and “leges coloniae/coloniales”) binding upon the members of the local community.
2. The local comitia shall be called to order by the mayors of the municipality (by those magistrates defined in the local lex) through an edictum.
3. All the members of a municipality shall have the right to speak and vote in its comitia. Voting in these comitia shall require physical presence of the voter in the place where the comitia are being held. The commune may define alternative forms of participation instead of physical presence in case of an emergency (e. g. a pandemic, a natural disaster) or for voters who are disabled or unable to attend.
4. The local comitia shall be called to order at least once every year to elect the magistrates for the next year.
B. Local council
Coloniae and municipia shall have a government council, the "ordo decurionum" (city senate), which may be named differently in case of municipia as defined by their charter. Former and current magistrates of the municipality shall be members of the ordo decurionum.
1. This council shall be the supreme policy-making authority for the municipality, and shall decide in questions as defined by the communal lex.
2. Voting in the ordo decurionum shall require physical presence of the voter in the place where the council is being held. The commune may define alternative forms of participation instead of physical presence in case of an emergency (e. g. a pandemic, a natural disaster) or for voters who are disabled or unable to attend.
C. Local magistrates
In order to meet the requirements of section II, a local community shall have magistrates serving as mayors as described in this paragraph. All magistrates and officers of a municipality shall be citizens of the municipality.
1. Government in military municipalities
a. Military municipalities do not have elected magistrates as mayors but commanders, military governors, provosts. They can be termed variously, but praefectus is the normal title. This can be a praefectus castrorum, praefectus canabarum, praefectus burgi etc. determined by the name of the municipality, and by the consensus of the members. If the military governor holds the title legatus in Nova Roma for another position, the title used for the municipality presidency may also be legatus. Other titles such as praepositus are also acceptable if their authenticity is certified by the Praetorian Law Revision Committee of Classicists and Latinists of the lex Hortensia de legibus scribundis.
b. The praefectus of the municipality is appointed and removed by the governor of the province, or by the chief commanding officer of the reenactment unit to which the municipality belongs according to the instructions in the constitutio.
c. If a more important regulation or appointment of non-military officers are needed, the praefectus shall request the provincial governor to issue the regulations or appointments in edictum.
d. The praefecti and other officers in the military municipality, as defined in the regula, may have the following rights and duties:
i. To govern and administer the military city community, the projects, programs, the entire civic life and all kinds of activities, according to the mission of Nova Roma;
ii. To exercise the ius coercitionis within the municipality;
iii. To maintain the local album civium and the tabularium;
iv. To ensure public order, to regulate public space and the market, to see to the maintenance of public facilities, conduct of public games, festivals and gatherings, and to administer the law;
v. To issue operational orders necessary to carry out those tasks which they are mandated by the law to engage;
vi. To request the provincial governor to appoint apparitores for the praefectus to assist with administrative and other tasks.
2. Government in vici
a. The highest ranking officers, the mayors, of a vicus shall use the title "magister vici”. Other titles may be also acceptable if their authenticity is certified by the Praetorian Law Revision Committee of Classicists and Latinists of the lex Hortensia de legibus scribundis.
b. Two magistri vici shall be elected annually by the members of the vicus. Other officers shall be elected or appointed by the magistri, as defined by the constitutio of the vicus.
c. Only the magistri vici can issue edicta to administer and govern the community, subject to collegial veto.
d. The magistri vici shall have the same duties as the mayors of the municipia, but instead of the comitia and the ordo decurionum, they can call only the general body of citizens to vote in elections, to vote on the foedus, and to vote on issues in which the magistri, at their discretion, want to hear the opinion of the vicani. The magistri may oblige themselves to obey the outcome of such votes, but legally the magistri are not bound to do that. The only source of vicus law are the magistri, and with the exception of elections and ratification or modification of the constitutio, the members of the vicus do not have to be called to vote.
e. The magistri vici and the other officers may have the following rights and duties, as specified by the constitutio which shall distribute the different areas of responsibility and different levels of power and authority for the local magistrates:
i. To govern and administer the city community, the projects, programs, the entire civic life and all kinds of activities, according to the mission of Nova Roma;
ii. To exercise the ius coercitionis, the ius intercessionis, the ius edicendi within the municipality;
iii. To maintain the local album civium and the tabularium;
iv. To ensure public order, to regulate public space and the market, to see to the maintenance of public facilities, conduct of public games, festivals and gatherings, and to administer the law;
v. To issue those edicta necessary to carry out those tasks which they are mandated by the law to engage;
vi. To call the vicani to vote and preside over their meetings;
vii. To pronounce intercessio against another local magistrate of equal or lesser authority;
viii. To appoint apparitores to assist with administrative and other tasks, as they shall see fit.
3. Government in municipia and colonies
a. The highest ranking magistrates, the mayors, of a colonia or municipium shall use the title "duumvir iure dicundo" (alternatively “duovir”, feminine “duumvira”). These offices shall be collegial magistracies composed of two members of equal power. Other titles and numbers of mayors (“quattuorvir” or “octovir” for example) and other offices may be established by the lex municipalis or lex coloniae if their authenticity is certified by the Praetorian Law Revision Committee of Classicists and Latinists of the lex Hortensia de legibus scribundis. Other communal magistrates may include, but shall not be limited, to the aediles, quaestores and the duoviri quinquennales; in more special cases meddix, dictator, censores, consules, praetores; or where quattuorviri are the mayors, the quattorviri aedilicia potestate, or where octoviri are in charge, the octoviri aedilicia potestate, octoviri fanorum, the octoviri aerarii or octoviri magistri iuventutis, for example.
b. Local magistrates of a municipium or colonia shall be elected by the comitia of the local community annually. If the lex municipii or coloniae instructs so, local magistrates may be elected by the ordo decurionum (council) or certain lower magistrates may be appointed by higher magistrates.
c. The duumviri and the other communal magistrates may have the following rights and duties, as specified by the municipal or colonial lex which shall distribute the different areas of responsibility and different levels of power and authority for the local magistrates:
i. To govern and administer the city community, the projects, programs, the entire civic life and all kinds of activities, according to the mission of Nova Roma;
ii. To exercise iurisdictio, the ius coercitionis, the ius intercessionis, the ius edicendi within the municipality;
iii. To have the honor of being preceded by two lictors (only the mayors have this right);
iv. To maintain the local album civium, the album decurionum and the tabularium;
v. To administer justice and conduct judicial procedures between members of the city community;
vi. To ensure public order, to regulate public space and the market, to see to the maintenance of public facilities, conduct of public games, festivals and gatherings, and to administer the law;
vii. To issue those edicta necessary to carry out those tasks which they are mandated by the law to engage;
viii. To call the local comitia and the ordo decurionum and preside over their meetings;
ix. To pronounce intercessio against another local magistrate of equal or lesser authority;
x. To appoint apparitores to assist with administrative and other tasks, as they shall see fit.
D. Local priesthood
Municipalities may have their own priests. The Collegium Pontificum of Nova Roma may regulate the titles, functions, duties and powers of the priests of all types of municipalities in all details that are not regulated in this lex.
1. Coloniae and municipia are authorized to establish their own priesthoods and priestly colleges. These include the local collegium pontificum or coloniale, local collegium augurum, local flamines and sacerdotes, according to the regulations of the Collegium Pontificum of Nova Roma, but no local priest shall hold the title of pontifex maximus or augur magister. These colleges and priests shall always add the label “coloniae” or “municipii” (or “coloniale”, “municipale”) as part of their titles. Appointment and removal of priests and the method thereof shall be the exclusive right of the local community.
a. The priesthoods of a colonia shall be under the supervision, guidance and disciplinary authority of the Collegium Pontificum of Nova Roma.
b. The priesthoods of a municipium shall function independently as long as they do not violate regulations determined for the entire Nova Roma by the Collegium Pontificum.
2. Other types of municipalities may appoint priests called sacerdotes (but no pontifices, augures, flamines etc.) according to the method defined in their charter. These priests shall function independently as long as they do not violate regulations determined for the entire Nova Roma by the Collegium Pontificum.

VIII. Legal precedence

A. Leges approved by the local comitia shall have precedence over decreta of the local priestly colleges, having precedence over the decreta of the ordo decurionum, which shall take a higher precedence than edicta of the local magistrates.
B. The charter and bylaws of a commune is on the same level of legal precedence as the approving legal document issued by the central government: edictum, senatus consultum or lex. Ordinary communal leges are on the same level of precedence as senatus consulta; priestly decreta and decreta decurionum are on level with the edicta of governors and central magistrates, and local edicta shall take a lower precedence than the edicta of governors and central magistrates.
C. The actions of local comitia are not subject to veto by the provincial governor or central magistrates, but decrees of the communal council and priestly colleges are subject to mutual veto, as being on the same level, between them and the governor and central magistrates in accordance with the laws of Nova Roma. The actions of local magistrates shall be subject to veto by the governor and by the central magistrates of Nova Roma unilaterally.
D. Local magistrates shall be considered under the authority of their provincial governor in terms of authority conflict, but the governor shall not interfere into the internal business of a municipality, except in case of an emergency, as determined by the governor. Such interference into internal business may be refused by a municipium which shall enjoy the highest degree of self-governance among the variants of municipality. In such a case, the governor may turn to the Senate for ruling on the situation, and the Senate can empower the governor to interfere into the internal affairs of a municipium.
E. The official decisions made within a military municipality are considered merely operational commands, they are not part of the legal code of Nova Roma, and all types of law of Nova Roma are higher in precedence than those. Only the provincial governor can create law, in form of edicta, for a military municipium.

IX. Special status of the local communities in Rome and in the future city of Nova Roma

A. A civilian local community based in the city of Rome, Italy, shall be termed praefectura instead of vicus, colonia or municipium in order to recognize Rome's glorious past, and its symbolic role as the spiritual home of all Nova Romans, our final destination if the gods allow the Roman res publica to return to Rome again.
1. The ceremonial heads of the local community of Nova Roma in Rome shall be the consuls of Nova Roma, and the magistrates of Nova Roma shall be ceremonially local magistrates of the Nova Roman community in Rome, as well. The actual mayor of the local community in Rome, a praefectus iure dicundo, shall be elected by the members of the municipality in Rome and shall be formally appointed by the consuls of Nova Roma with the title praefectus Romae administrandae.
2. If a consul, praetor, aedilis or quaestor of Nova Roma fills the actual office of mayor, they shall be termed by these central titles instead of praefectus.
3. Lower local magistrates can be elected as well, called praefecti or curatores (other titles defined in the charter of the praefectura of Rome, if certified by the Praetorian Law Revision Committee of Classicists and Latinists of the lex Hortensia), to administer various partial aspects of Nova Roman civic life in Rome, and vicomagistri may be elected by inhabitants of certain districts, to head those districts of Rome.
4. If the Nova Roman municipality in Rome reaches the required size of a colonia or municipium, local comitia shall be called comitia urbana praefecturae Romae. A local lex in Rome shall be termed lex urbana.
5. Local decrees of Rome shall be made by the ordo decurionum which shall be composed of the praefecti, curatores and vicomagistri.
6. Local priests shall be termed as pontifex urbanus, flamen urbanus, augur urbanus etc.
B. When the city of Nova Roma, our capital, shall have been founded, the Comitia, the Senate, the priestly colleges and central magistrates of Nova Roma shall be the local government of the city of Nova Roma, as well, given that Nova Roma is a city state, and in case of their absence, praefecti and curatores can be appointed by them to represent them at home.




Previous version of the lex Fabia de oppidis et municipiis

This lex was replaced in toto by the lex Arria de castris et coloniis, approved on the a.d. VII Kal. Ian. Q. Arrio (III) A. Tullia cos. MMDCCLXXIV 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.

Personal tools