PRAETOR

( στρατηγός ), was originally a title which designated the consuls as the leaders of the armies of the state. The period and office of the command of the consuls might appropriately be called Praetorium . Praetor was also a title of office among the Latins. The first praetor specially so called was appointed in B.C. 366, and he was chosen only from the patricians, who had this new office created as a kind of indemnification to themselves for being compelled to share the consulship with the plebeians. No plebeian praetor was appointed till the year B.C. 337. The praetor was called collega consul i bus , and was elected with the same auspices at the comitia centu riata. The praetorship was originally a kind of third consulship, and the chief functions of the praetor ( jus in urbe dicere , jura reddere ) were a portion of the functions of the consuls. The praetor sometimes commanded the armies of the state; and while the consuls were absent with the armies, he exercised their functions within the city. He was a magi stratus curulis, and he had the imperium, and consequently was one of the magi stratus majores: but he owed respect and obedience to the consuls. His insignia of office were six lictors; but at a later period he had only two lictors in Rome. The praetorship was at first given to a consul of the preceding year.—In B.C. 246 another praetor was appointed, whose busine was to administer justice in matters in dispute between peregrin i, or peregrin i and Roman citizens; and accordingly he was called praetor peregrin us . The other praetor was then called praetor urban us, qui jus inter cives dicit , and sometimes simply praetor urban us and praetor urb is . The two praetors determined by lot which functions they should respectively exercise. If either of them was at the head of the army, the other performed all the duties of both within the city. Sometimes the military imperium of a praetor was prolonged for a second year. When the territories of the state were extended beyond the limits of Italy, new praetors were made. Thus, two praetors were created B.C. 227, for the administration of Sicily and Sardinia, and two more were added when the two Spanish provinces were formed, B.C. 197. When there were six praetors, two stayed in the city, and the other four went abroad. The senate determined their provinces, which were distributed among them by lot. After the discharge of his judicial functions in the city, a praetor often had the administration of a province, with the title of propraetor . Sulla increased the number of praetors to eight, which Julius Caesar raised succe ively to ten, twelve, fourteen, and sixteen. August us, after several changes, fixed the number at twelve. Under Tiberius there were sixteen. Two praetors were appointed by Claudius for matters relating to fideicommi a, when the busine in this department of the law had become considerable, but Titus reduced the number to one; and Nerva added a praetor for the decision of matters between the fisc us and individuals. Thus there were eventually eighteen praetors, who administered justice in the state.—The praetor urban us was specially named praetor, and he was the first in rank. His duties confined him to Rome, as is implied by the name, and he could only leave the city for ten days at a time. It was part of his duty to superintend the Ludi A poll in a res. He was also the chief magistrate for the administration of justice; and to the edict a of the succe ive praetors the Roman law owes in a great degree its development and improvement. Both the praetor urban us and the praetor peregrin us had the jus edicendi, and their functions in this respect do not appear to have been limited on the establishment of the imperial power, though it must have been gradually restricted, as the practice of imperial constitutions and rescripts became common. [ Edictum . ] The chief judicial functions of the praetor in civil matters consisted in giving a judex. [ Judex . ] It was only in the case of interdicts that he decided in a summary way. [ Inter dictum . ] Proceedings before the praetor were technically said to be in jure . The praetors also presided at trials of criminal matters. These were the qua est i ones perpetuae, or the trials for repetundae, ambit us, majestas, and peculatus, which, when there were six praetors, were a igned to four out of the number. Sulla added to these qua est i ones those of falsum, de sicariis et venefic is, and de parricidis, and for this purpose he added two, or, according to some accounts, four praetors. On these occasions the praetor presided, but a body of judices determined by a majority of votes the condemnation or acquittal of the accused. [ Judex . ] The praetor, when he administered justice, sat on a sella curulis in a tribunal, which was that part of the court which was appropriated to the praetor and his a e ors and friends, and is opposed to the subsellia, or part occupied by the judices, and others who were present.