PRAETOR

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 366 B.C. 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 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 or 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 entrusted 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 entrusted 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 questiones perpetuae (q.v.) 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 quoestiones, 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 proprcetors or proconsuls to the prcetorian provinces assigmed them by lot. In consequence of the multiplication of the quoestiones and of the provinces, the number of paetors 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 proetor urbanus and peregrinus being in part transferred to the proefectus urbi and proefectus proetorio, while the criminal jurisdiction of the others ceased with the gradual decay of the quoestiones, and the prestors only retained particular departments of their judicial power and general administration. Their most important function was the management of the games, some of which had aleady, in republican times, been assigned to the proetor 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 proetexta, 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.