Triumvir capitalis (Nova Roma)

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Classification of magistracies

Magistracy overview

The Triumvir capitalis (called triumviri capitales or tresviri capitales) are one of the magistracies of Nova Roma, responsible for public order and enforcing the public policies of Nova Roma. They act as 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. There are three "captains general of the Nova Roman police", law enforcement magistrates, elected annually by the comitia populi tributa to serve in their role and lead the cohortes vigilum.

The eligibility requirements for triumvir capitalis are set by the lex Tullia annalis: to stand for election as a triumvir capitalis, a potential candidate is required to be at least 21 years old, and must be assiduus. The triumvir capitalis enter office on Kal. Ian. (1 January) each year. The triumvir capitalis can be a first step of the cursus honorum, but it is often filled by experienced politicians and those that were not succesful in earlier higher elections.

Their primary duties are to serve in the capacity of the chief of police of Nova Roma as captains general of the cohortes vigilum, existing in their form as both a reenactment unit and forum moderation administrative servicemen:

1. They may 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 available to them 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 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. 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. 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.

The tresviri also 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.

They may 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.

They have the following honors and powers:

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; and to pronounce collegial intercessio against another triumvir capitalis.
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