This lex clarifies the legal definition of magisterial resignation, consequences of resignation, and those procedures legally necessary to validate and remedy magisterial vacancy due to a resignation of office, in accordance with the Constitution of Nova Roma, Section IV, on 'Magistrates', which states that an office becomes vacant when a magistrate resigns or dies while in office. The language of this lex is binding on resignation of magisterial offices elected in the in the Comitia Centuriata and Comitia Tributa and in the Comitia Plebis Tributa.

I.A. An elected magistrate resigns from office by tendering his or her notification of a resignation to the presiding official (defined below) of the comitia in which the resigning magistrate was elected.

I.B. The Tribunes of the Plebs are the presiding officials of the Comitia Plebis Tributa. A resignation of an office that was elected in the Comitia Plebis Tributa may be tendered in writing directly to one or more Tribunes of the Plebs, or else is tendered to the Tribunes of the Plebs by posting a notice of resignation via the official Comitia Plebis Tributa list, or a list that is supported by Nova Roma as a Public Forum.

I.C. The Consuls and Praetors are the presiding officials of the Comitia Centuriata and Comitia Tributa. A resignation of an office that was elected in the CComitia Centuriata and Comitia Tributa may be tendered in writing directly to one or both Consuls or Praetors, or else is tendered by posting a notice of resignation on a list that is supported by Nova Roma as a public Forum.

II.A: A vacancy of office is legally established when an appropriate presiding official acknowledges in writing the receipt of a tendered resignation to the resigning magistrate. A vacancy may also be legally established when the Censors inform the presiding magistrates that a magistrate is unreachable after an absence of 45 or more days.

II.B: Within a nundinum (192 hours) of receiving notification of a resignation, the presiding official of the respective comitia – any one of the Consuls or Praetors, or any one of the Tribunes of the Plebs, as the case may be, shall acknowledge receipt in writing to the resigning magistrate. The resigning magistrate may not use any of his or her powers and rights as a magistrate from the moment of announcing the resignation. The loss of magistracy will not take permanent effect until the presiding official accepts it, but if the resignation nundinum expires, it becomes permanent automatically. The resigning magistrate may withdraw the resignation during this nundinum, and resume full powers and rights as a magistrate, unless the presiding official has formally accepted and made it official record already. The resignation will be dated to the time when the resignation was announced by the resigning magistrate. If a presiding magistrate claims that a magistrate resigned in private communication, but the magistrate in question denies it, and there is no public evidence of the resignation, the resignation shall not be considered to have happened.

II.C. Consuls shall not accept a resignation from office of a magistrate elected in the Comitia Plebis Tributa.

II.D. Tribunes of the Plebs may only accept the resignation from office of a magistrate elected in the Comitia Centuriata and Comitia Tributa as in II A and B when none of the Consuls or Praetors is available to accept the resignation on behalf of this comitia.

III. Elections shall be held within a month of the established vacancy for a suffect magistrate in the legally appropriate comitia, according to prevailing legal procedures governing elections of that comitia.

IV. This lex does not in itself restrict a former magistrate from standing for election in the Comitia Plebis Tributa or in the Comitia Centuriata and Comitia Tributa to fill the vacancy caused by his or her resignation, and for which he or she is eligible to hold.

V. The presiding official of a comitia who lawfully acknowledges receipt of a resignation from office of any magistrate who was elected in either the Comitia Plebis Tributa or Comitia Centuriata and Comitia Tributa, as outlined in this lex, shall be responsible for communicating this information to the Censors, the Magister Aranearius and to the citizenry via public fora within the following a nundinum (192 hours) from the time that the resignation goes into effect.

Previous version of the lex Minucia de eiuratione magistratuum

The lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve, approved on the a.d. VII Kal. Ian. ‡ Q. Arrio (III) A. Tullia cos. ‡ MMDCCLXXIV a.u.c., replaced the preamble, the phrase “Comitia Populi Tributa” was completed as “Comitia Centuriata and Comitia Tributa” throughout, the phrase “twenty-four (24) hours” and “forty-eight (48) hours” was changed to “a nundinum (192 hours)”, and the phrase “45 days” to “a month” throughout this lex. Text was also added to II.B.

This lex clarifies the legal definition of magisterial resignation, consequences of resignation, and those procedures legally necessary to validate and remedy magisterial vacancy due to a resignation of office, in accordance with the Constitution of Nova Roma, Section IV, on 'Magistrates', which states that an office becomes vacant when a magistrate resigns or dies while in office. The language of this lex is binding on resignation of magisterial offices elected in the in the Comitia Populi Tributa and in the Comitia Plebis Tributa.

I.A. An elected magistrate resigns from office by tendering his or her notification of a resignation to the presiding official (defined below) of the comitia in which the resigning magistrate was elected.

I.B. The Tribunes of the Plebs are the presiding officials of the Comitia Plebis Tributa. A resignation of an office that was elected in the Comitia Plebis Tributa may be tendered in writing directly to one or more Tribunes of the Plebs, or else is tendered to the Tribunes of the Plebs by posting a notice of resignation via the official Comitia Plebis Tributa list, or a list that is supported by Nova Roma as a Public Forum.

I.C. The Consuls and Praetors are the presiding officials of the Comitia Populi Tributa. A resignation of an office that was elected in the Comitia Populi Tributa may be tendered in writing directly to one or both Consuls or Praetors, or else is tendered by posting a notice of resignation on a list that is supported by Nova Roma as a public Forum.

II.A: A vacancy of office is legally established when an appropriate presiding official acknowledges in writing the receipt of a tendered resignation to the resigning magistrate. A vacancy may also be legally established when the Censors inform the presiding magistrates that a magistrate is unreachable after an absence of 45 or more days.

II.B: Within twenty-four (24) hours of receiving notification of a resignation, the presiding official of the respective comitia – any one of the Consuls or Praetors, or any one of the Tribunes of the Plebs, as the case may be, shall acknowledge receipt in writing to the resigning magistrate.

II.C. Consuls shall not accept a resignation from office of a magistrate elected in the Comitia Plebis Tributa.

II.D. Tribunes of the Plebs may only accept the resignation from office of a magistrate elected in the Comitia Populi Tributa as in II A and B when none of the Consuls or Praetors is available to accept the resignation on behalf of this comitia.

III. Elections shall be held within 45 days of the established vacancy for a suffect magistrate in the legally appropriate comitia, according to prevailing legal procedures governing elections of that comitia.

IV. This lex does not in itself restrict a former magistrate from standing for election in the Comitia Plebis Tributa or in the Comitia Populi Tributa to fill the vacancy caused by his or her resignation, and for which he or she is eligible to hold.

V. The presiding official of a comitia who lawfully acknowledges receipt of a resignation from office of any magistrate who was elected in either the Comitia Plebis Tributa or Comitia Populi Tributa, as outlined in this lex, shall be responsible for communicating this information to the Censors, the Magister Aranearius and to the citizenry via public fora within the following forty-eight (48) hours from the time that the resignation goes into effect.

Praetorian commentary on the textual history of the law

Comment I. The publication of this law has contained, for a decade, a variant text for this very same lex which was in fact just a non-final draft of the rogatio, never to be accepted by vote. This draft version was published as the primary text, and the real, accepted text was only given as the second text on this page. The final version of the lex Minucia as accepted by the comitia tributa only addressed the magistrates elected by the comitia tributa, because in those years a strict interpretation of the Constitution prevailed according to which a lex accepted by the comitia tributa may regulate magistrates elected by that comitia, and a lex accepted by the comitia centuriata may regulate only the centuriate magistrates. Consul Minucia Strabo presented first only one rogatio which discussed both the tribal and the centuriate magistrates' resignations in one law. She later corrected it and divided the proposal into two rogationes, one about the tribal magistrates' resignations, to be passed by the tribal comitia, and another about the centuriate magistrates, to be passed by the centuriate comitia. The tribal one passed, the centuriate law failed. Editors of the tabularium of the day, for an unknown reason, decided to put the original, unified law which discussed the resignations of both types of magistrates in one law as the primary text of this lex, but it was not correct, and it was never a law. In this new publication of the lex Minucia, the praetor (edict pending) removes the unofficial draft text (it can be found in the history section of this page), and we publish only the valid version of the lex Minucia as accepted by the comitia.

Comment II. The lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve also contained an instruction to change the preamble of the lex Minucia, but the text as voted on and accepted by the comitia was probably corrupted and had an editorial error, because the new preamble would have been an exact sentence, unchanged, from the previous version of the preamble, in a form that was totally contradictory to the other changes in this lex. The praetor therefore declared (edict pending) that section V.A. of the lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve was not implementable, and was disregarded when adding the changes from the lex Arria Tullia to this lex Minucua.

@@ Line 1: / Line 1: @@
-:'''I'''. The lex Cornelia et Maria De Civitate Eiuranda is hereby repealed.
+[[Category:Leges (Nova Roma)]]
-http://www.novaroma.org/tabularium/leges/2001-05-20-iii.html
+{{Praetores}}
+{{LanguageBar|Lex Minucia de eiuratione magistratuum (Nova Roma)}}
+{{Tabularium articles|pgchk=1|lexstat=1|com=comitia populi tributa |yes=19|no=0|abs=0|when={{Mar 28}} {{2006}}|guideone=Magistracies (Nova Roma)|guidetwo=Suffect magistrates (Nova Roma)}}
-:'''II'''. The Lex Equitia de Civitate Eiuranda is hereby repealed.
+This ''lex'' has been modified by the [[Lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve (Nova Roma)|lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve]], enacted on on the {{Dec 26}} {{2021}}.
-http://www.novaroma.org/tabularium/letes/200410-07-v.html
-:'''III.A'''. Citizenship from Nova Roma, as stated in paragraph II.A.4. in the Constitution of Nova Roma, may be voluntarily relinquished by notification of the Censors or by public statement before 3 or more witnesses. Messages posted to official Nova Roma e-mail lists or electronic message boards, or statements of an intent to resign citizenship that are made at a public function of Nova Roma meet the requirement for three witnesses to a resignation if and only if three witnesses to the resignation notify the Censors thereof within 72 hours of the initial proclamation. In accordance with the Constitution II.A.5 a parent or guardian, as above, may voluntarily rescind citizenship of Impuberes.
+=Current version as modified by the '''lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve'''=
-::'''B'''. The Censor(s) shall, at their earliest convenience, but no later than within seven days, issue to the citizen in writing or by electronic message an official acknowledgement of this intent to resign citizenship. Resignation becomes effective within 48 hours from the date and time the Censor(s) issue such acknowledgment.
-::'''C'''. Before such time that a resignation of citizenship would come into effect, a citizen may rescind his or her intention to resign, or a legal guardian may rescind the intention to resign of an impubere, by writing or by sending an electronic message to the Censors or to a Rogatoral designate of the Censors.
-:'''IV'''. Failure to respond to a Nova Roma census, as per legal obligation, places an individual's citizenship in temporary suspension. A citizen under suspended citizenship may be given a designation other than citizen, as prevailing law provides. Suspended citizenship may be lifted by the individual notifying the Censors of his or her intent to renew active citizenship, by responding to the following census, or by paying annual dues within the following year. Individuals who are under suspended citizenship are not to be counted as assidui or as capiti censi, and thus temporarily lose the right vote, but retain all other rights of citizenship. If within a five-year period an individual member fails to respond to two consecutive censuses, the Censors may rescind the individual's citizenship and all its attendant rights.
+<div class="scriptum">
+<onlyinclude>
+This lex clarifies the legal definition of magisterial resignation, consequences of resignation, and those procedures legally necessary to validate and remedy magisterial vacancy due to a resignation of office, in accordance with the Constitution of Nova Roma, Section IV, on 'Magistrates', which states that an office becomes vacant when a magistrate resigns or dies while in office. The language of this lex is binding on resignation of magisterial offices elected in the in the Comitia Centuriata and Comitia Tributa and in the Comitia Plebis Tributa.
-:'''V'''. If citizenship is resigned without also stating that public offices are resigned, any and all public offices held by the citizen at that time become vacated when a resignation of citizenship comes into effect. No public offices, elected or appointed, carry over into a new citizenship if a resigning citizen should later seek to reacquire citizenship.
+'''I.A.''' An elected magistrate resigns from office by tendering his or her notification of a resignation to the presiding official (defined below) of the comitia in which the resigning magistrate was elected.
-:'''VI.A'''. A former citizen, in the event he or she desires to reacquire citizenship must reapply for citizenship to the Censors through prevailing legal procedures. Additionally, the former citizen is directed to state in his or her application the reasons behind the initial resignation of citizenship, and the nature of the reasons influencing the desire to have it reinstated.
+'''I.B.''' The Tribunes of the Plebs are the presiding officials of the Comitia Plebis Tributa. A resignation of an office that was elected in the Comitia Plebis Tributa may be tendered in writing directly to one or more Tribunes of the Plebs, or else is tendered to the Tribunes of the Plebs by posting a notice of resignation via the official Comitia Plebis Tributa list, or a list that is supported by Nova Roma as a Public Forum.
-::'''B'''. The Roman name of a returning citizen may be resumed if no other citizen of Nova Roma has taken it in his or her absence
-:'''VII'''. When a former citizen applies for reinstatement of citizenship (postliminium):
+'''I.C.''' The Consuls and Praetors are the presiding officials of the Comitia Centuriata and Comitia Tributa. A resignation of an office that was elected in the CComitia Centuriata and Comitia Tributa may be tendered in writing directly to one or both Consuls or Praetors, or else is tendered by posting a notice of resignation on a list that is supported by Nova Roma as a public Forum.
-No office, religious or civil, held by the citizen at the time of his or her resignation, is regained if that person is granted citizenship once more. After ninety days of being reinstated into citizenship, the returning citizen may apply to the Collegium Pontificum for reappointment to any religious offices that he or she may have previously held. Only the Collegium Pontificum, or otherwise designated religious body, is authorized to reappoint a returning citizen to a religious office. Any titles, honors and/or effects of past public administrative offices shall be restored to the returning citizen only after a period of ninety days has passed from the date that citizenship is regained. Century points that are due to a returning citizen for any and all public and/or religious offices that he or she may have previously held shall be restored at the end of ninety days. Senatorial status may be resumed at the discretion of the Censors collegially
-:'''VIII'''. If a citizen resigns, is subsequently reinstated, and resigns a second time, this former citizen is barred for two years from reinstatement as a citizen of Nova Roma.
+'''II.A:''' A vacancy of office is legally established when an appropriate presiding official acknowledges in writing the receipt of a tendered resignation to the resigning magistrate. A vacancy may also be legally established when the Censors inform the presiding magistrates that a magistrate is unreachable after an absence of 45 or more days.
-:'''IX.A'''. This lex does not influence in itself a returning citizen's lawfully established entitlements or restrictions to pursue official positions (via election or appointment) for which he or she would again become eligible. All rights of citizenship are restored in full to a returning citizen after ninety (90) days from when a censor re-enrolls a citizen. At the discretion of the Senate, the normal waiting period may be waived and full rights of citizenship restored prior to the ninety-day period.
+'''II.B:''' Within a nundinum (192 hours) of receiving notification of a resignation, the presiding official of the respective comitia – any one of the Consuls or Praetors, or any one of the Tribunes of the Plebs, as the case may be, shall acknowledge receipt in writing to the resigning magistrate. The resigning magistrate may not use any of his or her powers and rights as a magistrate from the moment of announcing the resignation. The loss of magistracy will not take permanent effect until the presiding official accepts it, but if the resignation nundinum expires, it becomes permanent automatically. The resigning magistrate may withdraw the resignation during this nundinum, and resume full powers and rights as a magistrate, unless the presiding official has formally accepted and made it official record already. The resignation will be dated to the time when the resignation was announced by the resigning magistrate. If a presiding magistrate claims that a magistrate resigned in private communication, but the magistrate in question denies it, and there is no public evidence of the resignation, the resignation shall not be considered to have happened.
-::'''B'''. Further, the language of this lex does not in itself serve to influence those established lawful authorities or parameters by which religious and/or legislative bodies may issue or fail to issue appointments relative to their respective roles and functions, in the consideration of any citizen's application.
-:'''X'''. The Censors will note the dates of submitted and withdrawn resignations in the censorial album civium.
+'''II.C.''' Consuls shall not accept a resignation from office of a magistrate elected in the Comitia Plebis Tributa.
+'''II.D.''' Tribunes of the Plebs may only accept the resignation from office of a magistrate elected in the Comitia Centuriata and Comitia Tributa as in II A and B when none of the Consuls or Praetors is available to accept the resignation on behalf of this comitia.
+'''III.''' Elections shall be held within a month of the established vacancy for a suffect magistrate in the legally appropriate comitia, according to prevailing legal procedures governing elections of that comitia.
+'''IV.''' This lex does not in itself restrict a former magistrate from standing for election in the Comitia Plebis Tributa or in the Comitia Centuriata and Comitia Tributa to fill the vacancy caused by his or her resignation, and for which he or she is eligible to hold.
+'''V.''' The presiding official of a comitia who lawfully acknowledges receipt of a resignation from office of any magistrate who was elected in either the Comitia Plebis Tributa or Comitia Centuriata and Comitia Tributa, as outlined in this lex, shall be responsible for communicating this information to the Censors, the Magister Aranearius and to the citizenry via public fora within the following a nundinum (192 hours) from the time that the resignation goes into effect.
+</onlyinclude>
+</div>
+----
+=Previous version of the lex Minucia de eiuratione magistratuum=
+The [[Lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve (Nova Roma)|lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve]], approved on the {{Dec 26}} {{2021}}, replaced the preamble, the phrase “Comitia Populi Tributa” was completed as “Comitia Centuriata and Comitia Tributa” throughout, the phrase “twenty-four (24) hours” and “forty-eight (48) hours” was changed to “a nundinum (192 hours)”, and the phrase “45 days” to “a month” throughout this ''lex''. Text was also added to II.B.
+<small>
+This lex clarifies the legal definition of magisterial resignation, consequences of resignation, and those procedures legally necessary to validate and remedy magisterial vacancy due to a resignation of office, in accordance with the Constitution of Nova Roma, Section IV, on 'Magistrates', which states that an office becomes vacant when a magistrate resigns or dies while in office. The language of this lex is binding on resignation of magisterial offices elected in the in the Comitia Populi Tributa and in the Comitia Plebis Tributa.
+'''I.A.''' An elected magistrate resigns from office by tendering his or her notification of a resignation to the presiding official (defined below) of the comitia in which the resigning magistrate was elected.
+'''I.B.''' The Tribunes of the Plebs are the presiding officials of the Comitia Plebis Tributa. A resignation of an office that was elected in the Comitia Plebis Tributa may be tendered in writing directly to one or more Tribunes of the Plebs, or else is tendered to the Tribunes of the Plebs by posting a notice of resignation via the official Comitia Plebis Tributa list, or a list that is supported by Nova Roma as a Public Forum.
+'''I.C.''' The Consuls and Praetors are the presiding officials of the Comitia Populi Tributa. A resignation of an office that was elected in the Comitia Populi Tributa may be tendered in writing directly to one or both Consuls or Praetors, or else is tendered by posting a notice of resignation on a list that is supported by Nova Roma as a public Forum.
+'''II.A:''' A vacancy of office is legally established when an appropriate presiding official acknowledges in writing the receipt of a tendered resignation to the resigning magistrate. A vacancy may also be legally established when the Censors inform the presiding magistrates that a magistrate is unreachable after an absence of 45 or more days.
+'''II.B:''' Within twenty-four (24) hours of receiving notification of a resignation, the presiding official of the respective comitia – any one of the Consuls or Praetors, or any one of the Tribunes of the Plebs, as the case may be, shall acknowledge receipt in writing to the resigning magistrate.
+'''II.C.''' Consuls shall not accept a resignation from office of a magistrate elected in the Comitia Plebis Tributa.
+'''II.D.''' Tribunes of the Plebs may only accept the resignation from office of a magistrate elected in the Comitia Populi Tributa as in II A and B when none of the Consuls or Praetors is available to accept the resignation on behalf of this comitia.
+'''III.''' Elections shall be held within 45 days of the established vacancy for a suffect magistrate in the legally appropriate comitia, according to prevailing legal procedures governing elections of that comitia.
+'''IV.''' This lex does not in itself restrict a former magistrate from standing for election in the Comitia Plebis Tributa or in the Comitia Populi Tributa to fill the vacancy caused by his or her resignation, and for which he or she is eligible to hold.
+'''V.''' The presiding official of a comitia who lawfully acknowledges receipt of a resignation from office of any magistrate who was elected in either the Comitia Plebis Tributa or Comitia Populi Tributa, as outlined in this lex, shall be responsible for communicating this information to the Censors, the Magister Aranearius and to the citizenry via public fora within the following forty-eight (48) hours from the time that the resignation goes into effect.
+</small>
+== Praetorian commentary on the textual history of the law ==
+'''Comment I.''' The publication of this law has contained, for a decade, a variant text for this very same lex which was in fact just a non-final draft of the rogatio, never to be accepted by vote. This draft version was published as the primary text, and the real, accepted text was only given as the second text on this page. The final version of the lex Minucia as accepted by the comitia tributa only addressed the magistrates elected by the comitia tributa, because in those years a strict interpretation of the Constitution prevailed according to which a lex accepted by the comitia tributa may regulate magistrates elected by that comitia, and a lex accepted by the comitia centuriata may regulate only the centuriate magistrates. Consul Minucia Strabo presented first only one rogatio which discussed both the tribal and the centuriate magistrates' resignations in one law. She later corrected it and divided the proposal into two rogationes, one about the tribal magistrates' resignations, to be passed by the tribal comitia, and another about the centuriate magistrates, to be passed by the centuriate comitia. The tribal one passed, the centuriate law failed. Editors of the tabularium of the day, for an unknown reason, decided to put the original, unified law which discussed the resignations of both types of magistrates in one law as the primary text of this lex, but it was not correct, and it was never a law. In this new publication of the lex Minucia, the praetor '''(edict pending)''' removes the unofficial draft text (it can be found [http://www.novaroma.org/vici/index.php?title=Lex_Minucia_de_eiuratione_magistratuum_(Nova_Roma)&diff=prev&oldid=57113 in the history section of this page]), and we publish only the valid version of the lex Minucia as accepted by the comitia.
+'''Comment II.''' The [[Lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve (Nova Roma)|lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve]] also contained an instruction to change the preamble of the lex Minucia, but the text as voted on and accepted by the comitia was probably corrupted and had an editorial error, because the new preamble would have been an exact sentence, unchanged, from the previous version of the preamble, in a form that was totally contradictory to the other changes in this lex. The praetor therefore declared '''(edict pending)''' that section V.A. of the lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve was not implementable, and was disregarded when adding the changes from the lex Arria Tullia to this lex Minucua.

Lex Minucia de eiuratione magistratuum (Nova Roma)

Latest revision as of 03:37, 29 December 2022

Current version as modified by the lex Arria Tullia de quibusdam legibus obsoletis abrogandis corrigundisve

Previous version of the lex Minucia de eiuratione magistratuum

Praetorian commentary on the textual history of the law

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