Lex Lucilia de vigintiviris (Nova Roma)

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Codex Iuris Novae Romae


LEX STATUS INFORMATION


This lex is currently IN FORCE.

Approved by comitia centuriata
Yes: 21 No: 0 Abs.: 0
prid. Kal. Ian. Sex. Lucilio (II) A. Tullia (II) cos. MMDCCLXXV a.u.c.




The lex Cornelia Domitia de re publica constituenda stipulates how the offices of the vigintisexviri shall be defined, and on the basis of their number, their actual collective name shall be determined. This law hereby determines that the collective term for these minor magistrates shall be vigintiviri, the magistracies of the vigintiviratus. The Comitia Populi Tributa shall elect the following magistracies of the vigintiviratus who all shall enter office on the Kalends of January, and shall serve until the next Kalends of January. Their election shall be conducted before the end of the year, even if the required number of candidates did not apply for office, and even if there was only one call for candidates (depending on the decision of the presiding magistrate of the election), but if the necessary number of people were not elected, at least one supplemental election must be held after all the higher magistrates have been elected so that all candidates who failed to obtain a higher magistracy may be able to run for vigintivir. Each magistracy of the vigintiviratus shall be considered fully set and functional if at least on position is filled in them.


I. DECEMVIR STLITIBUS IUDICANDIS

Ten decemviri stlitibus iudicandis (or less formally: decemviri litibus iudicandis) shall be elected by the Comitia Populi Tributa to serve a term lasting one year. They shall be judicial magistrates serving as an administrative and constitutional court, appeal court for certain cases, and as assistants of the praetors and the Officium Praetorium, and they shall have the following honors, powers, and obligations:

A. To hold lower potestas, incomplete iurisdictio (the right to interpret and administer the law and to administer justice, limited to cases within their duties as defined by law), incomplete ius coercitionis limited to be used within their duties, the ius intercessionis and the ius edicendi, all of which rights and powers are restricted only to be exercised within their scope of authority, that is, to administer justice and serve in judicial procedures, or to administer any additional tasks assigned to them by law;

B. To issue those edicta necessary to fulfill their judicial duties;

C. To pronounce collegial intercessio against another decemvir stlitibus iudicandis;

D. To employ apparitors from among the existing ones, based on mutual agreement between decemvir, or the collective collegium of the decemviri, and apparitor, as assistants in administrative and other tasks, as they shall see fit. This assignment of an apparitor to a decemvir, or the decemviratus, shall be made by an edictum of the praefectus rei publicae administrandae (who shall have the ius edicendi) at the order of the decemvir, or in absence of such praefectus, or by any officer with the ius edicendi at their discretion.

E. To assist the praetor, and to be members of the Officium Praetorium:

1. By serving as judges in the tribunal of the praetor: If the number of iudices could not be completed from volunteers in a tribunal when it is being appointed according to the lex Salvia iudiciaria, the praetors can order the decemviri to fill the missing places who may not refuse this order. A decemvir stlitibus iudicandis, regardless of their social status, may be selected as iudex, and may serve in the tribunal among the equites, tribuni aerarii equestres and senatores.
2. By serving as substituting magistrates for the praetors in judicial proceedings, only on a case by case basis, if the praetors decide so in an edictum: A praetor can delegate a judicial case to the collegium of the decemviri, and the decemviri shall collectively conduct the trial, filling the role of praetor in the lex Salvia iudiciaria. In such cases the praetor must designate a decemvir as the responsible chairman for the decemviral panel who is the primary co-president of the panel and who can be called to account about any failures in the procedure.

F. To serve as the administrative court and constitutional court of Nova Roma in procedures and trials about complaints against administrative measures, disputes within the administration, debates between administrative officers and in disputes about constitutional law, the interpretation of law;

G. To serve as the default administrative law court for controversies about forum moderation issues of any official public forum of Nova Roma;

H. To serve as appeals court in certain cases defined by law.


II. TRIUMVIR CAPITALIS

Three triumviri capitales or tresviri capitales shall be elected by the Comitia Populi Tributa to serve a term lasting one year. They shall be magistrates responsible for public order and enforcing the public policies of Nova Roma, captains general of the Nova Roman police, law enforcement magistrates, public prosecutors and guardians of the Nova Roman legal system, administrative court for simpler forum moderation issues, lesser colleagues and inferiors of the aediles in forum management and maintenance of public order and members of the Officium Aedilicium, and they shall have the following honors, powers, and obligations:

A. To hold lower potestas, incomplete iurisdictio (the right to interpret and administer the law and to administer justice, limited to cases within their duties), incomplete ius coercitionis limited to be used within their duties, the ius intercessionis and the ius edicendi, all of which rights and powers are restricted only to be exercised within their scope of authority, that is, to enforce the law, to administer the law, or to administer any additional tasks assigned to them by law;

B. To issue those edicta necessary in their law enforcement duties;

C. To pronounce collegial intercessio against another triumvir capitalis;

D. To employ apparitors from among the existing ones, based on mutual agreement between triumvir, or the collective collegium of the triumviri, and the apparitor, as assistants in administrative and other tasks, as they shall see fit. This assignment of an apparitor shall be made by an edictum of the praefectus rei publicae administrandae (who shall have the ius edicendi) at the order of the triumvir, or in absence of such praefectus, or by any officer with the ius edicendi at their discretion.

E. To serve in the capacity of the chief of police of Nova Roma as captains general of the cohortes vigilum, both of their reenactment units and their forum moderation administrative servicemen.

1. They shall appoint, remove and command the vigiles as moderators and administrators of the official public forums of Nova Roma. In order to execute their duties of policing and moderating all central forums of Nova Roma, it is mandatory for the tresviri capitales to be subscribed to all central forums of Nova Roma that are under the supervision of the aediles.
a. The tresviri can impose any of the disciplinary moderation actions and they can overturn the decision of any forum administrator and moderator (excepting the decisions of the aediles or higher magistrates).
b. Besides the usual measures of forum moderation, the tresviri capitales shall have the right to various lesser poenae as a disciplinary action for citizens who offend the policies and laws of Nova Roma, as regulated by other laws.
2. As the chiefs of the police, they have the duty to ensure that the forum policies of the aediles are enforced, that all laws regarding public order, public forum behavior are observed, and to direct the vigiles to enforce all related policies and laws. They supervise and police all state approved sodalitas, and other civilian corporations, with the exception of sodalitates and other corporations dealing with Roman numismatics and military.
3. As the chiefs of the police of Nova Roma, they have the duty to notice, identify, investigate and prosecute crimes, offenses, breaches of the laws and regulations of Nova Roma and anything that violates the letter or spirit of Nova Roman law. In order to perform these duties, they shall employ the cohortes vigilum of Nova Roma which they command.
a. When discovering a crimen or a culpa, the tresviri have the duty to start a petio actionis before the court where the case belongs to. In their role of checking and enforcing the observation of law by the citizens, and especially by the other magistrates and the entire Nova Roman government, they shall cooperate and share this duty with the quaestors and with the praefectus rei publicae administrandae.
b. To guaranee that the aediles do not overstep their powers and do not enforce overly rigorous or oppressive forum policies. The tresviri have the duties to turn to the decemviri stlitibus iudicandis if they notice aedilician actions that they deem to be against the letter or spirit of the law or harming ther rights and well being of the citizens.
4. The tresviri also serve as judges in forum moderation controversies according to summary judgment procedure in the lex Lucilia iudiciaria.
5. If there is a complaint or concern against an excessive management style of the tresviri capitales, the aediles, praetores or consules may order them in edict to follow certain guidelines or may forbid them to do certain actions; such directive instructions are always is within the natural power of the higher magistrates as a possible method to handle transgressions of lower officers. Uncooperative tresviri maybe recalled altogether from the supervision of forums by an edict of a higher magistrate.

F. The tresviri shall function as lesser colleagues of the aediles in their duties of the maintenance of public order and the public forums of Nova Roma, and as such, shall be members in the Officium Aedilicium. The aediles may share any of these tasks and duties with the triumviri. If the aediles are unavailable, the tresviri shall substitute them in the duties of maintaining public order and management of public forums. The aediles may designate any or all triumviri capitales to deputize them for any period of time in matters of forum supervision.


III. TRIUMVIR MONETALIS

Three tresviri monetales or triumviri monetales or, with their longer, more ceremonial name, tresviri aere argento auro flando feriundo shall be elected by the Comitia Populi Tributa to serve a term lasting one year. They shall be magistrates responsible for the design, development, production, issuance and distribution of the coinage of Nova Roma, and to assist the quaestors, the curator aerarii and the Officium Aerarii in their job regarding the finances of Nova Roma, and they shall have the following honors, powers, and obligations:

A. To hold lower potestas, incomplete ius coercitionis limited to be used within their duties, and ius intercessionis, all of which rights and powers are restricted only to be exercised within their scope of authority, that is, to oversee and manage the public infrastructure, public works, the official and public websites, to supervise, manage or execute tasks, duties and projects assigned to them by law or order by a higher ranking officer, the Senate or the Comitia;

B. To pronounce collegial intercessio against another triumvir monetalis;

C. To be members of the Officium Aerarii and to have the right and duty to propose ideas for the financial administration of Nova Roma therein.

D. To provide the citizens of NR with educational programs and knowledge about Roman numismatics, history of Roman economy and commerce.

E. To supervise all state approved central sodalitates, societies and other civilian corporations which are dealing with Roman numismatics, history of Roman economy and commerce or fundraising for officially supported causes of Nova Roma; or if they are not functioning actively and adequately, to restore them to proper function; or if Nova Roma does not have any society focused in these topics, to create them.

1. The tresviri monetales shall serve as law enforcement officers in the forums of central official Roman numismatics, history of Roman economy societies, or Nova Roman fundraising societies.
2. The tresviri shall work under the supervision, regulatory direction and authority of the aediles in this capacity.


IV. QUATTUORVIR RERUM CURANDARUM

Four quattuorviri rerum curandarum shall be elected by the Comitia Populi Tributa to serve a term lasting one year. They shall be magistrates responsible for the maintaining and updating of the infrastructures of Nova Roma, they also shall assist all other magistrates that need help in any task, but primarily the aediles and the duties of the Officium Operum Publicorum , Officium Administrationis Publicae, Officium Rei Informaticae and Officium Aedilicium, and they shall have the following honors, powers, and obligations:

A. To hold lower potestas, incomplete ius coercitionis limited to be used within their duties, and ius intercessionis, all of which rights and powers are restricted only to be exercised within their scope of authority, that is, to oversee and manage the public infrastructure, public works the official and public websites, to supervise, manage or execute tasks, duties and projects assigned to them by law or order by a higher ranking officer, the Senate or the Comitia;

B. To pronounce collegial intercessio against another quattuorvir rerum curandarum;

C. To be members of the Officium Operum Publicorum, Officium Administrationis Publicae, Officium Rei Informaticae and Officium Aedilicium, and to have the right and duty to propose ideas for the relevant administrative tasks therein.

D. To be responsible for the promotion of knowledge, education and information about all aspects of Romanitas, except numismatics and military, and for the promotion of Roman civilian reenactment in Nova Roma.

E. To be responsible for the quality assurance of the public and official websites of Nova Roma: to notice mistakes, problems, errors, outdated information, missing information, and take care of their correction and solution.

F. To be in charge of the Nova Roma Wiki editorial community and of the Nova Roma Wiki Project, under the guidance and authority of the aediles and the curator rei informaticae.

G. To supervise all state approved central sodalitates, societies and other civilian corporations except those supervised by the tresviri monetales and tribuni militum comitiati; or if they are not functioning actively and adequately, to restore them to proper function; or if there is an important subject of Roman studies about which Nova Roma does not have any society, to organize them.

1. The quattuorviri rerum curandarum monetales shall serve as law enforcement officers in the forums of central official societies of Nova Roma that are not under the guardianship of the tresviri monetales and tribuni militum comitiati.
2. The tresviri shall work under the supervision, regulatory direction and authority of the aediles in this capacity.


V. PAST VIGINTISEXVIRI OF NOVA ROMA

A. The past vigintisexviri of Nova Roma and the current vigintiviri shall be considered the same group of magistracies, and all laws referring to vigintiviri or vigintisexviri shall be understood to refer to the same category, to both the current vigintiviratus and the past vigintisexviratus.

B. For the purposes of annals, historical reference, and record keeping in the official documents, websites and in the album civium of Nova Roma, the name of the office of the curator sermonis held until M. Octavio L. Sulla II cos.; the office of the magister aranearius (curator aranei) held until Fr. Apulo C. Laenate cos.; and the offices of the rogator, diribitor, custos and editor commentariorum (curator differendi) held until L. Sulla III cos. sine collega; that is, only when they were classified as vigintisexviri and not as an other class of officers, shall be considered, recorded and displayed as “vigintisexvir curator sermonis;” “vigintisexvir magister aranearius” (“vigintisexvir curator aranei”); and “vigintisexvir rogator,” “vigintisexvir diribitor,” “vigintisexvir custos,” “vigintisexvir editor commentariorum” (“vigintisexvir curator differendi”). When these offices were or are not classified as vigintisexviri, their name shall be displayed without the prefex “vigintisexvir.”

1. The curator differendi was called as “curator differum,” the curator aranei as “curator araneum” in the Vulgar Latin of early Nova Roma, which shall now be retroactively corrected.
2. There was a variation between “curator sermonis” and “curator sermonum”, among which the official records shall show the “curator sermonis” variant.


VI. The female version of the title of the offices which have the “–vir” ending, not only the ones listed in this lex but also those established by any other law of Nova Roma, is “–vira.”

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