Praetor
(=
στρατηγός, and derived by Cicero from
praeire). Originally a title of the Roman consuls, but afterwards used to denote that
magistrate to whom the administration of justice in Rome was transferred, when the consulship,
to which this power had hitherto been attached, was thrown open to the commons in B.C. 366. At
first reserved for the patricians, it became a plebeian office as early as 337. The
praetor was elected in the Comitia Centuriata, with one of the consuls presiding, on the same
day and with the same auspices as the consuls, who entered on their office simultaneously with
him. On account of the increase in legal business, a second praetor was appointed in 242, to
whom was transferred the hearing of the cases between citizens and foreigners (
inter cives et peregrinos) and between foreigners (
inter
peregrinos), while the other decided between citizens. The latter, who ranked first, was
called
praetor urbanus (city praetor); the former,
praetor
inter peregrinos and (after the time of Vespasian)
praetor
peregrinus.
The praetors had their respective departments determined by lot after their election. While
the
praetor peregrinus might have a military command also intrusted to
him, the city praetor, on account of the importance of his office, might not be absent from
Rome, strictly speaking, for longer than ten days. He represented his absent colleague and
also the consuls in their absence, presiding, as the highest magistrate present, at the public
games, watching over the safety of Rome, summoning the Comitia Centuriata, holding the
military levies, and the like. As early as 227 the number was further increased by two. To
these was intrusted the administration of Sicily and Sardinia. Two others were added in 197 to
administer the two provinces of Spain. In 149, on the establishment of the
quaestiones perpetuae, a standing criminal court for certain stated offenders, the
rule was introduced that the entire body of praetors should stay in Rome during their year of
office; the praetors
urbanus and
inter peregrinos
having jurisdiction in civil cases, as hitherto, while the others presided in the
quaestiones, and had to instruct the jurors as to the case before the court,
and to carry out the sentence passed. After the completion of their year of office, they all
proceeded as propraetors or proconsuls to the praetorian provinces assigned them by lot. In
consequence of the multiplication of the
quaestiones and of the
provinces, the number of praetors was raised by Sulla to eight, by Caesar to ten, fourteen,
and sixteen. Under the Empire the praetorship lost its former importance, the civil
jurisdiction of the
praetor urbanus and
peregrinus
being in part transferred to the
praefectus urbi and
praefectus praetorio, while the criminal jurisdiction of the others ceased with the
gradual decay of the
quaestiones, and the praetors retained only
particular departments of their judicial power and general administration. Their most
important function was the management of the games, some of which had already, in republican
times, been assigned to the
praetor urbanus. When their year's office had
expired, they went as proconsuls to the senatorial provinces. Their election was transferred
to the Senate by Tiberius. Under the Republic the statutory age for the office was forty;
under the Empire, thirty. The praetor's
insignia were the
toga praetexta, the
sella curulis, and, in the provinces, six
lictors; in Rome, probably two. Like the consul, he had the honour of a triumph open to him.
See
Magistratus.
