Praetor
Encyclopedia
Praetor (ˈprajtoːr) was a title granted by the government of Ancient Rome
to men acting in one of two official capacities: the commander of an army
, usually in the field, or the named commander before mustering the army; and an elected magistratus
(magistrate) assigned varied duties (per the historical period). The functions of the magistracy, the praetura (praetorship), are described by the adjective: the praetoria potestas (praetorian power), the praetorium imperium (praetorian authority), and the praetorium ius (praetorian law), the legal precedents established by the praetores (praetors). Praetorium, as a substantive, denoted the location from which the praetor exercised his authority, either the headquarters of his castra
, the courthouse (tribunal) of his judiciary, or the city hall of his provincial governorship.
The prefix prae is a good indication that the title-holder was prior, in some way, in society. Livy mentions that the Latini were led and governed in warfare by two of them and the Samnites by one. A dictator
was called the praetor maximus. The use of the adjectives (praetorius, praetoricius, praetorianus) in a large number of circumstances testify to a general sense. The leadership functions of any corporate body at Rome might be termed praetorial.
The praetoria potestas in Republican Rome was at first held by the consul
s. These two officials, elected on a yearly basis, inherited the power of the king. Very likely, the king himself was the first praetor, but in what sense? The best explanation available is that of Cicero in De legibus, in which he proposes ideal laws based on Roman constitutional theory:
This etymology of praetor became and remains the standard. Cicero considers the word to contain the same elemental parts as the verb praeire (praeeo: "to go before, to precede, to lead the way"). In exactly what way he goes before did not survive, but if we interpret praetor as leader we shall probably not go far wrong.
Livy explains that in the year 366 BC the praetura was created to relieve the consuls of their judicial duties. The praetor was, in English, the chief justice
, and yet more than that. The consuls were his peers; he was elected by the same electorate and sworn in on the same day with the same oath. With them he retained the ius militiae. The constitution was amended in this way to satisfy the patricians. One position of consul had to be opened to the plebeians. Until 337 BC the praetor was chosen only from the patricians.
From then on praetors appear frequently in Roman history, first as generals and judges, then as provincial governors. Beginning in the late Republic
, a former Praetor could serve as a Propraetor ("in place of the Praetor") and act as the governor
of one of Rome's provinces. Propraetors were much in demand.
–367
BC to take over part of the duties of the consul
s. The first man to be elected to the new praetura was the patrician Spurius Furius, the son of Marcus Furius Camillus
, in exchange for the election of Lucius Sextius
, plebeian leader, as one of the consuls for the year. The elections were given a highly probable outcome by partisan politics.
The elected praetor was a magistratus curulis
, exercised imperium
, and consequently was one of the magistratus majores. He had the right to sit in the sella curulis and wear the toga praetexta. He was attended by six lictor
s. A praetor was a magistrate
with imperium
within his own sphere, subject only to the veto of the consuls (who outranked him).
The potestas and imperium of the consuls and the praetors under the Republic should not be exaggerated. They did not use independent judgment in resolving matters of state. Unlike today's executive branches, they were assigned high-level tasks directly by senatorial decree under the authority of the SPQR
.
Livy describes the assignments given to either consuls or praetors in some detail. As magistrates they had standing duties to perform, especially of a religious nature. The Senate defined what senior positions were to exist before the elections. Immediately after the elections, the new officials cast lots for the assignments, which were mainly provincial governorships
. As there came to be considerably more praetors than there were consuls, the praetors took most of the provinces. A province given to consuls was termed consular. Proconsuls and propraetors joined in the lottery as well. The entire population of these elected officials were the department heads of the government.
Any consul or any praetor could at any time be pulled away from his duties of the moment to head a task force, and there were many, especially military. The Roman government worked hard and was always understaffed. Livy mentions that, among other tasks, these executive officers were told to lead troops to a threat, foreign or domestic, investigate possible subversion, raise troops, conduct special sacrifices, distribute windfall money, appoint commissioners and exterminate locusts. The one principle that limited what could be assigned to them was that it must not be minima, "little things." This principle of Roman law became a principle of later European law, Non curat minima praetor; that is, the details do not need to be legislated, they can be left up to the courts. They were by definition doers of maxima. Thus, on a military assignment, the praetor was always the commanding general, never a lesser officer. Praetors could delegate at will.
the Senate created a second Praetura. There were two reasons for this: to relieve the weight of judicial business and to give the Republic a magistrate with imperium
who could field an army in an emergency when both consul
s were fighting a far-off war.
, a fourth magistrate entitled to hold imperium
appears, the praetor qui inter peregrinos ius dicit ("the praetor who administers justice among foreigners"). Although in the later Empire the office was titled praetor inter cives et peregrinos ("among citizens and foreigners," that is, having jurisdiction in disputes between citizens and noncitizens), in the 3rd century BC Rome's territorial annexations and foreign populations were unlikely to require a new office dedicated solely to this task. T. Corey Brennan
, in his two-volume study of the praetorship, argues that during the military crisis of the 240s the second praetorship was created to make another holder of imperium available for command and provincial administration inter peregrinos. During the Hannibalic War, the praetor peregrinus was frequently absent from Rome on special missions. The urban praetor more often remained in the city to administer the judicial system.
. He was also the chief magistrate for the administration of justice and promulgated the Praetor's Edict. These Edicts were statements of praetor's policy as to judicial decisions to be made during his term of office. The praetor had substantial discretion regarding his Edict, but could not legislate. In a sense the continuing Edicts came to form a corpus of precedents. The development and improvement of Roman Law
owes much to the wise use of this praetorial discretion.
, for the administration of Sicily
and Sardinia
, and two more when the two Spanish
provinces were formed in 197 BC
. Lucius Cornelius Sulla
successfully transferred administration of the provinces to former consuls and praetors
, thus increasing the number of ordinary praetors to eight. Julius Caesar
raised the number to ten, then fourteen, and finally to sixteen.
made changes that were designed to reduce the Praetor to being an imperial administrator rather than a magistrate. The electoral body was changed to the Senate, which was now an instrument of imperial ratification. The establishment of the principate was the restoration of monarchy under another name. The Emperor therefore assumed the powers once held by the kings, but he used the apparatus of the republic to exercise them. For example, the emperor presided over the highest courts of appeal.
The need for administrators remained just as acute. After several changes Augustus fixed the number at twelve. Under Tiberius
there were sixteen. As imperial administrators their duties extended to matters the republic would have considered minima. Two praetors were appointed by Claudius
for matters relating to Fideicommissa (trusts
), 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
(treasury
) and individuals. Marcus Aurelius appointed a Praetor for matters relating to tutela (guardianship
).
). Proceedings before the praetor were technically said to be in iure. At this stage, the Praetor would establish a formula directing the iudex as to the remedy to be given if he found that certain circumstances were satisfied; for instance, "Let X be iudex. If it appears that the defendant ought to pay 10,000 sesterces to the plaintiff, let the iudex condemn the defendant to pay 10,000 sesterces to the plaintiff. If it does not so appear, let the plaintiff absolve him." After they were handed over to the iudex, they were no longer in iure before the Praetor, but "apud iudicem". The iudicium of the iudex was binding. By the time of Diocletian
, however, this two-stage process had largely disappeared, and the Praetor would either hear the whole case in person or appoint a delegate (a iudex pedaneus), taking steps for the enforcement of the decision; the formula was replaced by an informal system of pleadings.
During the time of the Roman Republic
the Urban Praetor allegedly issued an annual edict
, usually on the advice of jurist
s (since the Praetor himself was not necessarily educated in the law), setting out the circumstances under which he would grant remedies. The legal provisions arising from the Praetor's Edict were known as ius honorarium; in theory the Praetor did not have power to alter the law, but in practice the Edict altered the rights and duties of individuals and was effectively a legislative document. In the reign of Hadrian
, however, the terms of the Edict were made permanent and the Praetor's de facto legislative role was abolished.
These quaestiones looked into crimina publica, "crimes against the public", such as were worthy of the attention of a Praetor. The penalty on conviction was usually death, but sometimes other severe penalties were used. In the late Republic the public crimes were 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.
, 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 iudices (judges), 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.
in 395
, the praetors' responsibilities had been reduced to a purely municipal role. Their sole duty was to manage the spending of money on the exhibition of games or on public works. However with the decline of the other traditional Roman offices such as that of tribune
the praetorship remained an important portal through which aristocrats could gain access to either the Western
or Eastern
Senates. The Praetorship was a costly position to hold as praetors were expected to possess a treasury from which they could draw funds for their municipal duties.
. In the early 9th century, the praitōr was a junior administrative official in the themata, subordinate to the governing stratēgos
. Gradually however, the civil functionaries assumed greater power, and by the late 10th century, the praitores (or krites, "judges") were placed at the head of the civil administration of a thema. The division of civil and military duties was in essence reversed again in the 12th century, when the posts of praitōr and military doux
were held in tandem. The provincial post fell out of use after the collapse of the Empire
in 1204. In the administration of Constantinople
, the imperial capital, however, the post of the praitōr tōn demōn, head of the police and subordinate to the city's eparch, is still attested as late as the mid-14th century.
the 71 counties of Romania
where divided into a various numbers of plăşi
(singular: plasă), headed by a Pretor, appointed by the Prefect. The institution headed by the Pretor was called Pretură. Currently, this office has survived only in the Republic of Moldova, where praetors are the heads of Chişinău
's 5 sectors.
Until recently some German
cities
retained an office entitled Praetor.
In Italy, until 1998, Praetor was a magistrate with particular duty (especially in civil branch).
Classical Latin Praetor became medieval Latin Pretor; Praetura, Pretura, etc.
Ancient Rome
Ancient Rome was a thriving civilization that grew on the Italian Peninsula as early as the 8th century BC. Located along the Mediterranean Sea and centered on the city of Rome, it expanded to one of the largest empires in the ancient world....
to men acting in one of two official capacities: the commander of an army
Army
An army An army An army (from Latin arma "arms, weapons" via Old French armée, "armed" (feminine), in the broadest sense, is the land-based military of a nation or state. It may also include other branches of the military such as the air force via means of aviation corps...
, usually in the field, or the named commander before mustering the army; and an elected magistratus
Roman Magistrates
The Roman Magistrates were elected officials in Ancient Rome. During the period of the Roman Kingdom, the King of Rome was the principal executive magistrate. His power, in practice, was absolute. He was the chief priest, lawgiver, judge, and the sole commander of the army...
(magistrate) assigned varied duties (per the historical period). The functions of the magistracy, the praetura (praetorship), are described by the adjective: the praetoria potestas (praetorian power), the praetorium imperium (praetorian authority), and the praetorium ius (praetorian law), the legal precedents established by the praetores (praetors). Praetorium, as a substantive, denoted the location from which the praetor exercised his authority, either the headquarters of his castra
Castra
The Latin word castra, with its singular castrum, was used by the ancient Romans to mean buildings or plots of land reserved to or constructed for use as a military defensive position. The word appears in both Oscan and Umbrian as well as in Latin. It may have descended from Indo-European to Italic...
, the courthouse (tribunal) of his judiciary, or the city hall of his provincial governorship.
History of the title
The Classical-era authors do not describe the events leading to the Praetor title origination; the title and the magistracy existed in the time of Titus Livius, the chief Republican historian. The writings of the Republican statesman and attorney, Marcus Tullius Cicero, explored the philosophy and uses of the term praetor.The prefix prae is a good indication that the title-holder was prior, in some way, in society. Livy mentions that the Latini were led and governed in warfare by two of them and the Samnites by one. A dictator
Dictator
A dictator is a ruler who assumes sole and absolute power but without hereditary ascension such as an absolute monarch. When other states call the head of state of a particular state a dictator, that state is called a dictatorship...
was called the praetor maximus. The use of the adjectives (praetorius, praetoricius, praetorianus) in a large number of circumstances testify to a general sense. The leadership functions of any corporate body at Rome might be termed praetorial.
The praetoria potestas in Republican Rome was at first held by the consul
Consul
Consul was the highest elected office of the Roman Republic and an appointive office under the Empire. The title was also used in other city states and also revived in modern states, notably in the First French Republic...
s. These two officials, elected on a yearly basis, inherited the power of the king. Very likely, the king himself was the first praetor, but in what sense? The best explanation available is that of Cicero in De legibus, in which he proposes ideal laws based on Roman constitutional theory:
- Regio imperio duo sunto, iique praeeundo iudicando consulendo praetores iudices consules appellamino. Militiae summum ius habento,...
- "Let there be two with the authority of the king, and let them be called praetors, judges and consuls from their going before, judging and consulting. Let them have the supreme right of command of the military..."
This etymology of praetor became and remains the standard. Cicero considers the word to contain the same elemental parts as the verb praeire (praeeo: "to go before, to precede, to lead the way"). In exactly what way he goes before did not survive, but if we interpret praetor as leader we shall probably not go far wrong.
Livy explains that in the year 366 BC the praetura was created to relieve the consuls of their judicial duties. The praetor was, in English, the chief justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
, and yet more than that. The consuls were his peers; he was elected by the same electorate and sworn in on the same day with the same oath. With them he retained the ius militiae. The constitution was amended in this way to satisfy the patricians. One position of consul had to be opened to the plebeians. Until 337 BC the praetor was chosen only from the patricians.
From then on praetors appear frequently in Roman history, first as generals and judges, then as provincial governors. Beginning in the late Republic
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...
, a former Praetor could serve as a Propraetor ("in place of the Praetor") and act as the governor
Roman governor
A Roman governor was an official either elected or appointed to be the chief administrator of Roman law throughout one or more of the many provinces constituting the Roman Empire...
of one of Rome's provinces. Propraetors were much in demand.
Praetura
The praetorship was created in around 366366
Year 366 was a common year starting on Sunday of the Julian calendar. At the time, it was known as the Year of the Consulship of Gratianus and Dagalaifus...
–367
367
Year 367 was a common year starting on Monday of the Julian calendar. At the time, it was known as the Year of the Consulship of Lupicinus and Iovanus...
BC to take over part of the duties of the consul
Consul
Consul was the highest elected office of the Roman Republic and an appointive office under the Empire. The title was also used in other city states and also revived in modern states, notably in the First French Republic...
s. The first man to be elected to the new praetura was the patrician Spurius Furius, the son of Marcus Furius Camillus
Marcus Furius Camillus
Marcus Furius Camillus was a Roman soldier and statesman of patrician descent. According to Livy and Plutarch, Camillus triumphed four times, was five times dictator, and was honoured with the title of Second Founder of Rome....
, in exchange for the election of Lucius Sextius
Lucius Sextius
Lucius Sextius Lateranus was a Roman tribune of the plebs and is noted for having been one of two men behind the Lex Licinia Sextia, permitting him in 366 BC to become what is often considered the "first plebeian consul"...
, plebeian leader, as one of the consuls for the year. The elections were given a highly probable outcome by partisan politics.
The elected praetor was a magistratus curulis
Curule chair
In the Roman Republic, and later the Empire, the curule seat was the chair upon which senior magistrates or promagistrates owning imperium were entitled to sit, including dictators, masters of the horse, consuls, praetors, censors, and the curule aediles...
, exercised imperium
Imperium
Imperium is a Latin word which, in a broad sense, translates roughly as 'power to command'. In ancient Rome, different kinds of power or authority were distinguished by different terms. Imperium, referred to the sovereignty of the state over the individual...
, and consequently was one of the magistratus majores. He had the right to sit in the sella curulis and wear the toga praetexta. He was attended by six lictor
Lictor
The lictor was a member of a special class of Roman civil servant, with special tasks of attending and guarding magistrates of the Roman Republic and Empire who held imperium, the right and power to command; essentially, a bodyguard...
s. A praetor was a magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
with imperium
Imperium
Imperium is a Latin word which, in a broad sense, translates roughly as 'power to command'. In ancient Rome, different kinds of power or authority were distinguished by different terms. Imperium, referred to the sovereignty of the state over the individual...
within his own sphere, subject only to the veto of the consuls (who outranked him).
The potestas and imperium of the consuls and the praetors under the Republic should not be exaggerated. They did not use independent judgment in resolving matters of state. Unlike today's executive branches, they were assigned high-level tasks directly by senatorial decree under the authority of the SPQR
SPQR
SPQR is an initialism from a Latin phrase, Senatus Populusque Romanus , referring to the government of the ancient Roman Republic, and used as an official emblem of the modern day comune of Rome...
.
Livy describes the assignments given to either consuls or praetors in some detail. As magistrates they had standing duties to perform, especially of a religious nature. The Senate defined what senior positions were to exist before the elections. Immediately after the elections, the new officials cast lots for the assignments, which were mainly provincial governorships
Roman governor
A Roman governor was an official either elected or appointed to be the chief administrator of Roman law throughout one or more of the many provinces constituting the Roman Empire...
. As there came to be considerably more praetors than there were consuls, the praetors took most of the provinces. A province given to consuls was termed consular. Proconsuls and propraetors joined in the lottery as well. The entire population of these elected officials were the department heads of the government.
Any consul or any praetor could at any time be pulled away from his duties of the moment to head a task force, and there were many, especially military. The Roman government worked hard and was always understaffed. Livy mentions that, among other tasks, these executive officers were told to lead troops to a threat, foreign or domestic, investigate possible subversion, raise troops, conduct special sacrifices, distribute windfall money, appoint commissioners and exterminate locusts. The one principle that limited what could be assigned to them was that it must not be minima, "little things." This principle of Roman law became a principle of later European law, Non curat minima praetor; that is, the details do not need to be legislated, they can be left up to the courts. They were by definition doers of maxima. Thus, on a military assignment, the praetor was always the commanding general, never a lesser officer. Praetors could delegate at will.
Republican
In the year 246 BC246 BC
Year 246 BC was a year of the pre-Julian Roman calendar. At the time it was known as the Year of the Consulship of Crassus and Licinus...
the Senate created a second Praetura. There were two reasons for this: to relieve the weight of judicial business and to give the Republic a magistrate with imperium
Imperium
Imperium is a Latin word which, in a broad sense, translates roughly as 'power to command'. In ancient Rome, different kinds of power or authority were distinguished by different terms. Imperium, referred to the sovereignty of the state over the individual...
who could field an army in an emergency when both consul
Consul
Consul was the highest elected office of the Roman Republic and an appointive office under the Empire. The title was also used in other city states and also revived in modern states, notably in the First French Republic...
s were fighting a far-off war.
Praetor peregrinus
By the end of the First Punic WarFirst Punic War
The First Punic War was the first of three wars fought between Ancient Carthage and the Roman Republic. For 23 years, the two powers struggled for supremacy in the western Mediterranean Sea, primarily on the Mediterranean island of Sicily and its surrounding waters but also to a lesser extent in...
, a fourth magistrate entitled to hold imperium
Imperium
Imperium is a Latin word which, in a broad sense, translates roughly as 'power to command'. In ancient Rome, different kinds of power or authority were distinguished by different terms. Imperium, referred to the sovereignty of the state over the individual...
appears, the praetor qui inter peregrinos ius dicit ("the praetor who administers justice among foreigners"). Although in the later Empire the office was titled praetor inter cives et peregrinos ("among citizens and foreigners," that is, having jurisdiction in disputes between citizens and noncitizens), in the 3rd century BC Rome's territorial annexations and foreign populations were unlikely to require a new office dedicated solely to this task. T. Corey Brennan
T. Corey Brennan
Terry Corey Brennan is an associate professor of Classics at Rutgers University in New Brunswick, New Jersey, , and was a guitarist and songwriter involved with several bands, most notably the alternative rock band The Lemonheads....
, in his two-volume study of the praetorship, argues that during the military crisis of the 240s the second praetorship was created to make another holder of imperium available for command and provincial administration inter peregrinos. During the Hannibalic War, the praetor peregrinus was frequently absent from Rome on special missions. The urban praetor more often remained in the city to administer the judicial system.
Praetor urbanus
The praetor urbanus presided in civil cases between citizens. The Senate required that some senior officer remain in Rome at all times. This duty now fell to the praetor urbanus. As is implied by the name, he was allowed to leave the city only for up to ten days at a time. He was therefore given appropriate duties at Rome. He superintended the Ludi ApollinaresLudi Apollinares
The Ludi Apollinares were solemn games held annually by the ancient Romans in honor of the god Apollo. The tradition goes that at the first celebration hereof, they were suddenly invaded by the enemy, and obliged to take to their arms...
. He was also the chief magistrate for the administration of justice and promulgated the Praetor's Edict. These Edicts were statements of praetor's policy as to judicial decisions to be made during his term of office. The praetor had substantial discretion regarding his Edict, but could not legislate. In a sense the continuing Edicts came to form a corpus of precedents. The development and improvement of Roman Law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
owes much to the wise use of this praetorial discretion.
Additional praetors
The expansion of Roman authority over other lands required the addition of praetors. Two were created in 227 BC227 BC
Year 227 BC was a year of the pre-Julian Roman calendar. At the time it was known as the Year of the Consulship of Flaccus and Regulus...
, for the administration of Sicily
Sicily
Sicily is a region of Italy, and is the largest island in the Mediterranean Sea. Along with the surrounding minor islands, it constitutes an autonomous region of Italy, the Regione Autonoma Siciliana Sicily has a rich and unique culture, especially with regard to the arts, music, literature,...
and Sardinia
Sardinia
Sardinia is the second-largest island in the Mediterranean Sea . It is an autonomous region of Italy, and the nearest land masses are the French island of Corsica, the Italian Peninsula, Sicily, Tunisia and the Spanish Balearic Islands.The name Sardinia is from the pre-Roman noun *sard[],...
, and two more when the two Spanish
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
provinces were formed in 197 BC
197 BC
Year 197 BC was a year of the pre-Julian Roman calendar. At the time it was known as the Year of the Consulship of Cethegus and Rufus...
. Lucius Cornelius Sulla
Lucius Cornelius Sulla
Lucius Cornelius Sulla Felix , known commonly as Sulla, was a Roman general and statesman. He had the rare distinction of holding the office of consul twice, as well as that of dictator...
successfully transferred administration of the provinces to former consuls and praetors
Promagistrate
A promagistrate is a person who acts in and with the authority and capacity of a magistrate, but without holding a magisterial office. A legal innovation of the Roman Republic, the promagistracy was invented in order to provide Rome with governors of overseas territories instead of having to elect...
, thus increasing the number of ordinary praetors to eight. Julius Caesar
Julius Caesar
Gaius Julius Caesar was a Roman general and statesman and a distinguished writer of Latin prose. He played a critical role in the gradual transformation of the Roman Republic into the Roman Empire....
raised the number to ten, then fourteen, and finally to sixteen.
Imperial
AugustusAugustus
Augustus ;23 September 63 BC – 19 August AD 14) is considered the first emperor of the Roman Empire, which he ruled alone from 27 BC until his death in 14 AD.The dates of his rule are contemporary dates; Augustus lived under two calendars, the Roman Republican until 45 BC, and the Julian...
made changes that were designed to reduce the Praetor to being an imperial administrator rather than a magistrate. The electoral body was changed to the Senate, which was now an instrument of imperial ratification. The establishment of the principate was the restoration of monarchy under another name. The Emperor therefore assumed the powers once held by the kings, but he used the apparatus of the republic to exercise them. For example, the emperor presided over the highest courts of appeal.
The need for administrators remained just as acute. After several changes Augustus fixed the number at twelve. Under Tiberius
Tiberius
Tiberius , was Roman Emperor from 14 AD to 37 AD. Tiberius was by birth a Claudian, son of Tiberius Claudius Nero and Livia Drusilla. His mother divorced Nero and married Augustus in 39 BC, making him a step-son of Octavian...
there were sixteen. As imperial administrators their duties extended to matters the republic would have considered minima. Two praetors were appointed by Claudius
Claudius
Claudius , was Roman Emperor from 41 to 54. A member of the Julio-Claudian dynasty, he was the son of Drusus and Antonia Minor. He was born at Lugdunum in Gaul and was the first Roman Emperor to be born outside Italy...
for matters relating to Fideicommissa (trusts
Trust law
In common law legal systems, a trust is a relationship whereby property is held by one party for the benefit of another...
), when the business in that department of the law had become considerable, but Titus
Titus
Titus , was Roman Emperor from 79 to 81. A member of the Flavian dynasty, Titus succeeded his father Vespasian upon his death, thus becoming the first Roman Emperor to come to the throne after his own father....
reduced the number to one; and Nerva
Nerva
Nerva , was Roman Emperor from 96 to 98. Nerva became Emperor at the age of sixty-five, after a lifetime of imperial service under Nero and the rulers of the Flavian dynasty. Under Nero, he was a member of the imperial entourage and played a vital part in exposing the Pisonian conspiracy of 65...
added a Praetor for the decision of matters between the Fiscus
Fiscus
Fiscus, from which comes the English term fiscal, was the name of the personal treasury of the emperors of Rome. The word is literally translated as "basket" or "purse" and was used to describe those forms of revenue collected from the provinces , which were then granted to the emperor...
(treasury
Treasury
A treasury is either*A government department related to finance and taxation.*A place where currency or precious items is/are kept....
) and individuals. Marcus Aurelius appointed a Praetor for matters relating to tutela (guardianship
Legal guardian
A legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...
).
Praetors as judges
Roman court cases fell into the two broad categories of civil or criminal trials. The involvement of a Praetor in either was as follows.Actions
In an actio, which was civil, the Praetor could either issue an interdictum (interdict) forbidding some circumstance or appoint a iudex (judgeJudge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
). Proceedings before the praetor were technically said to be in iure. At this stage, the Praetor would establish a formula directing the iudex as to the remedy to be given if he found that certain circumstances were satisfied; for instance, "Let X be iudex. If it appears that the defendant ought to pay 10,000 sesterces to the plaintiff, let the iudex condemn the defendant to pay 10,000 sesterces to the plaintiff. If it does not so appear, let the plaintiff absolve him." After they were handed over to the iudex, they were no longer in iure before the Praetor, but "apud iudicem". The iudicium of the iudex was binding. By the time of Diocletian
Diocletian
Diocletian |latinized]] upon his accession to Diocletian . c. 22 December 244 – 3 December 311), was a Roman Emperor from 284 to 305....
, however, this two-stage process had largely disappeared, and the Praetor would either hear the whole case in person or appoint a delegate (a iudex pedaneus), taking steps for the enforcement of the decision; the formula was replaced by an informal system of pleadings.
During the time of the Roman Republic
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...
the Urban Praetor allegedly issued an annual edict
Edict
An edict is an announcement of a law, often associated with monarchism. The Pope and various micronational leaders are currently the only persons who still issue edicts.-Notable edicts:...
, usually on the advice of jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
s (since the Praetor himself was not necessarily educated in the law), setting out the circumstances under which he would grant remedies. The legal provisions arising from the Praetor's Edict were known as ius honorarium; in theory the Praetor did not have power to alter the law, but in practice the Edict altered the rights and duties of individuals and was effectively a legislative document. In the reign of Hadrian
Hadrian
Hadrian , was Roman Emperor from 117 to 138. He is best known for building Hadrian's Wall, which marked the northern limit of Roman Britain. In Rome, he re-built the Pantheon and constructed the Temple of Venus and Roma. In addition to being emperor, Hadrian was a humanist and was philhellene in...
, however, the terms of the Edict were made permanent and the Praetor's de facto legislative role was abolished.
Quaestiones perpetuae
The Praetors also presided at the quaestiones perpetuae (which were criminal proceedings), so-called because they were of certain types, with a Praetor being assigned to one type on a permanent basis. The Praetors appointed judges who acted as jurors in voting for guilt or innocence. The verdict was either acquittal or condemnation.These quaestiones looked into crimina publica, "crimes against the public", such as were worthy of the attention of a Praetor. The penalty on conviction was usually death, but sometimes other severe penalties were used. In the late Republic the public crimes were 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.
Outdoor actions
The Praetor when he administered justice sat on a sella curulis in a tribunalTribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
, 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 iudices (judges), 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
Manumission
Manumission is the act of a slave owner freeing his or her slaves. In the United States before the passage of the Thirteenth Amendment to the United States Constitution, which abolished most slavery, this often happened upon the death of the owner, under conditions in his will.-Motivations:The...
when he was out-of-doors, as on his road to the bath or to the theatre.
Later Roman era
By the time of the permanent division of the Roman EmpireRoman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
in 395
395
Year 395 was a common year starting on Monday of the Julian calendar. At the time, it was known as the Year of the Consulship of Olybrius and Probinus...
, the praetors' responsibilities had been reduced to a purely municipal role. Their sole duty was to manage the spending of money on the exhibition of games or on public works. However with the decline of the other traditional Roman offices such as that of tribune
Tribune
Tribune was a title shared by elected officials in the Roman Republic. Tribunes had the power to convene the Plebeian Council and to act as its president, which also gave them the right to propose legislation before it. They were sacrosanct, in the sense that any assault on their person was...
the praetorship remained an important portal through which aristocrats could gain access to either the Western
Roman Senate
The Senate of the Roman Republic was a political institution in the ancient Roman Republic, however, it was not an elected body, but one whose members were appointed by the consuls, and later by the censors. After a magistrate served his term in office, it usually was followed with automatic...
or Eastern
Byzantine Senate
The Byzantine Senate or Eastern Roman Senate was the continuation of the Roman Senate, established in the 4th century by Constantine I. It survived for centuries but was increasingly irrelevant until its eventual disappearance in the 13th century....
Senates. The Praetorship was a costly position to hold as praetors were expected to possess a treasury from which they could draw funds for their municipal duties.
Byzantine Empire
Like many other Roman institutions, the praetor survived in the Eastern Roman (Byzantine) EmpireByzantine Empire
The Byzantine Empire was the Eastern Roman Empire during the periods of Late Antiquity and the Middle Ages, centred on the capital of Constantinople. Known simply as the Roman Empire or Romania to its inhabitants and neighbours, the Empire was the direct continuation of the Ancient Roman State...
. In the early 9th century, the praitōr was a junior administrative official in the themata, subordinate to the governing stratēgos
Strategos
Strategos, plural strategoi, is used in Greek to mean "general". In the Hellenistic and Byzantine Empires the term was also used to describe a military governor...
. Gradually however, the civil functionaries assumed greater power, and by the late 10th century, the praitores (or krites, "judges") were placed at the head of the civil administration of a thema. The division of civil and military duties was in essence reversed again in the 12th century, when the posts of praitōr and military doux
Dux
Dux is Latin for leader and later for Duke and its variant forms ....
were held in tandem. The provincial post fell out of use after the collapse of the Empire
Fourth Crusade
The Fourth Crusade was originally intended to conquer Muslim-controlled Jerusalem by means of an invasion through Egypt. Instead, in April 1204, the Crusaders of Western Europe invaded and conquered the Christian city of Constantinople, capital of the Eastern Roman Empire...
in 1204. In the administration of Constantinople
Constantinople
Constantinople was the capital of the Roman, Eastern Roman, Byzantine, Latin, and Ottoman Empires. Throughout most of the Middle Ages, Constantinople was Europe's largest and wealthiest city.-Names:...
, the imperial capital, however, the post of the praitōr tōn demōn, head of the police and subordinate to the city's eparch, is still attested as late as the mid-14th century.
Recent Praetors
During the interwar periodInterwar period
Interwar period can refer to any period between two wars. The Interbellum is understood to be the period between the end of the Great War or First World War and the beginning of the Second World War in Europe....
the 71 counties of Romania
Kingdom of Romania
The Kingdom of Romania was the Romanian state based on a form of parliamentary monarchy between 13 March 1881 and 30 December 1947, specified by the first three Constitutions of Romania...
where divided into a various numbers of plăşi
Plasa
The Professional Lighting And Sound Association or PLASA is a UK-based trade organisation representing over 500 members worldwide.In addition to providing members with expert advice on a wide range of business and technical issues, PLASA also monitors legislative developments, alerting members to...
(singular: plasă), headed by a Pretor, appointed by the Prefect. The institution headed by the Pretor was called Pretură. Currently, this office has survived only in the Republic of Moldova, where praetors are the heads of Chişinău
Chisinau
Chișinău is the capital and largest municipality of Moldova. It is also its main industrial and commercial centre and is located in the middle of the country, on the river Bîc...
's 5 sectors.
Until recently some German
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
cities
City
A city is a relatively large and permanent settlement. Although there is no agreement on how a city is distinguished from a town within general English language meanings, many cities have a particular administrative, legal, or historical status based on local law.For example, in the U.S...
retained an office entitled Praetor.
In Italy, until 1998, Praetor was a magistrate with particular duty (especially in civil branch).
Classical Latin Praetor became medieval Latin Pretor; Praetura, Pretura, etc.
See also
- Praetor's Edict
- Constitution of the Roman RepublicConstitution of the Roman RepublicThe Constitution of the Roman Republic was a set of guidelines and principles passed down mainly through precedent. The constitution was largely unwritten, uncodified, and constantly evolving...
- List of topics related to ancient Rome
- Political institutions of RomePolitical institutions of RomeA list regarding the political institutions of ancient Rome follows.-Constitutions:* Roman Constitution* Constitution of the Roman Kingdom* Constitution of the Roman Republic* Constitution of the Roman Empire* Constitution of the Late Roman Empire...
Books
- Brennan, T. Corey (2001). The Praetorship in the Roman Republic. Oxford University Press. ISBN 0-19-513867-8
External links
- Peck, Harry Thurston, Harpers Dictionary of Classical Antiquities (1898), Praetor
- Smith, William, Dictionary of Greek and Roman Antiquities, Praetor.
- Livy, Books 1–5, English, University of Virginia searchable etext.
- Livy, Books 6–10, English, University of Virginia searchable etext.
- Livy, Books 40–45, English, University of Virginia searchable etext.
- Cicero, de legibus, Book 3, Latin. The Latin Library site.
- The Roman Law Library by Professor Yves Lassard and Alexandr Koptev