Praetor
According to
Cicero,
Praetor was a
title which designated the
consuls as the leaders of the armies of the state. He considers the word to contain the same elemental parts as the verb
praeire (praeeo: "to go before, to precede, to lead the way"). 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, and also the name which
Livy gives to the
strategos of the
Achaeans.
The Praetorship was originally a kind of third
consulship, and the chief functions of the praetor were a portion of the functions of the consuls, who according to Cicero, were also called
judices a judicando. The praetorship was at first given to a consul of the preceding year as appears from Livy. L. Papirius was praetor after being consul. 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
Magistratus Curulis and he had the
Imperium, and consequently was one of the
Magistratus Majores: but he owed respect and obedience to the consuls. His insignia of office were six
lictors. At a later period the Praetor had only two lictors in
Rome.
Beginning in the late
Republic, after serving a term in the Praetorship, a former Praetor would serve as a
Propraetor and act as to the
governor of one of Rome's
provinces.
First Praetor
The first praetor specially so called was appointed in the year
356 BC, 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
337 BC. The Praetor was called
collega consulibus, and was elected with the same auspices at the
Comitia Centuriata. The consuls were elected first, and then the praetors..
Second Praetor
In the year
246 BC another Praetor was appointed, whose business was to administer justice in matters in dispute between
peregrini, or peregrini and Roman citizens; and accordingly he was called
Praetor Peregrinus. The other Praetor was then called
Praetor Urbanus "qui jus inter cives dicit," and sometimes simply
Praetor Urbanus or
Praetor Urbis. 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.
Praetor Urbanus
The Praetor Urbanus was a 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 up to ten days at a time. It was part of his duty to superintend the
Ludi Apollinares. He was also the chief magistrate for the administration of justice, and to the Edicta of the successive praetors the
Roman Law owes in a great degree its development and improvement.
When the territories of the state were extended beyond the limits of Italy, new praetors were made. Thus two praetors were created in
227 BC, for the administration of
Sicily and
Sardinia, and two more were added when the two
Spanish provinces were formed in
197 BC. 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, and sometimes with the title of Proconsul.
Lucius Cornelius Sulla increased the number of Praetors to eight, which
Julius Caesar raised successively to ten, then twelve, then fourteen, and finally to sixteen.
Augustus after several changes fixed the number at twelve. Under
Tiberius there were sixteen. Two praetors were appointed by
Claudius for matters relating to
Fideicommissa, when the business in that 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 Fiscus and individuals.
Marcus Aurelius, according to Capitolinus (M. Ant. c10), appointed a Praetor for matters relating to
tutela, which must have taken place after
Pomponius. The main duties of the Praetors were judicial, and it appears that it was found necessary from time to time to increase their number, and to assign to them special departments of the administration of justice.
Sometimes, extraordinary duties were imposed on them, as in the case of the Praetor Peregrinus (
144 BC) who was commissioned by a
Senatus consultum to look after the repair of certain
aqueducts and to prevent the improper use of the water.
Both the Praetor Urbanus and the Praetor Peregrinus 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. The limits of these two praetors' administration was expressed by the term Urbanae Provinciae.
Judicial Functions
The chief judicial functions of the Praetor in civil matters consisted in giving a
judicium. It was only in the case of Interdicts, that he decided in a summary way. Proceedings before the praetor were technically said to be
in jure.
Criminal Trials
The Praetors also presided at trials of criminal matters. These were the
Quaestiones perpetuae, or the trials for Repetundae, Ambitus, Majestas, and Peculatus, which, when there were six praetors, were assigned to four out of the number. Sulla added to these
Quaestiones those of Falsum, De Sicariis et Veneficis, and De Parricidis, and for this purpose he added two or according to some accounts four praetors, for the accounts of Pomponius and of other writers do not agree on this point. On these occasions the Praetor presided, but a body of judices determined by a majority of votes the condemnation or acquittal of the accused.
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 assessors and friends, and is opposed to the Subsellia, or part occupied by the Judices, and others who were present. But the Praetor could do many ministerial acts out of court, or as it was expressed
e plano, or
ex aequo loco, which terms are opposed to
e tribunali or
ex superiore loco: for instance, he could in certain cases give validity to the act of
manumission when he was out-of-doors, as on his road to the bath or to the theatre.
Until recently some
German cities retained an office entitled Praetor.
The Praetors existed with varying numbers to a late period in the
Empire.
In the
Star Trek fictional universe, Praetor is also the title given to the
Romulan head of government (by
analogy with Rome).
In the
StarCraft fictional universe, Praetor is a title used by the
Protoss to denote the leader of their planet-based defense armies. Protoss Praetors should not be confused with
Executors, who command the space fleets.
In the game
Final Fantasy X-2, a Praetor is the leader of the
New Yevon Party.
*
List of Ancient Rome-related topics*
Political institutions of Rome* Brennan, T. Corey (2001).
The Praetorship in the Roman Republic. Oxford University Press. ISBN 0195138678
