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See also:PRAETOR (See also:Lat. prae-itor, " he who goes before," "a See also:leader") , originally a military See also:title, was in classical times the designation of the highest magistrates in the Latin towns . The See also:Roman consuls were at first called praetors; in the See also:early See also:code of the Twelve Tables (45o B.C.) they appear to have had no other title . By the Licinian See also:law of 367, which abolished the military tribunes with consular See also:power and enacted that the supreme executive should henceforward be in the hands of the two consuls, a new See also:magistrate was at the same See also:time created who was to be a colleague of the consuls, though with See also:lower See also:rank and lesser • See also:powers . This new magistrate was entrusted with the exclusive See also:jurisdiction in See also:civil cases; in other respects his powers resembled those of the consuls . His distinctive title was the See also:city See also:praetor (praetor urbanus), and in aftertime, when the number of praetors was increased, the city praetor always ranked first . To this new magistrate the title of " praetor " was thenceforward properly restricted.' About 242 the increase of a See also:foreign See also:population in See also:Rome necessitated the creation of a second praetor for the decision of suits between foreigners (peregrini) or between citizens and foreigners . This praetor was known at a later time as the " foreign praetor " (praetor peregrinus) 2 About 227 two more praetors were added to administer the recently acquired provinces of See also:Sicily and See also:Sardinia . The See also:conquest of See also:Spain occasioned the See also:appointment of two more in 197, of whom one governed Hither and the other Further Spain . The number of praetors, thus augmented to six, remained stationary till See also:Sulla's time (82) . But in the See also:interval their duties vastly multiplied . On the one See also:hand, five new provinces were added to the Roman dominions—See also:Macedonia and Achaia in 146, See also:Africa in the same See also:year, See also:Asia in 134, Gallia Narbonensis in 118, See also:Cilicia probably in 102 . On the other hand, new and permanent See also:jury courts (quaestiones per petuae) were instituted at Rome, over which the praetors were called on to preside . To meet this increase of business the See also:tenure of See also:office of the praetors and also of the consuls was practically prolonged from one to two years, with the distinction that in their second year of office they See also:bore the titles of propraetor and proconsul instead of praetor and See also:consul . The prolongation of office, together with the participation of the proconsuls in duties which properly See also:fell to the praetors, formed the basis of Sulla's arrangements . He increased the number of the praetors from six to eight, and ordained that henceforward all the eight should in their first year administer See also:justice at Rome and in their second should as propraetors undertake the See also:government of provinces . The courts over which the praetors presided, in addition to those of the city praetor and the foreign praetor, dealt with the following offences: oppression of the provincials by See also:governors (repetundarum), See also:bribery (ambitus), See also:embezzlement (peculatus), See also:treason (majestatis), See also:murder (de sicariis et veneficis), and probably See also:forgery (falsi) . A tenth See also:province 1 Some writers, following See also:Livy vi . 42, assert that at first the praetorship was open to See also:patricians only, but See also:Mommsen (Rom . Staatsrecht ii . 195 [204] shows that this is probably a See also:mistake . The See also:election of a plebeian to the office for the first time in 337 was certainly opposed by the consul who presided at the election, but there appears to have been no legal obstacle to it . 2 [His See also:official title in republican times was Praetor qui inter peregrinos See also:jus dicit, under the See also:empire Praetor qui inter Gives peregrinos jus dicit, until the time of See also:Vespasian, when the abbreviated title praetor peregrinus came into use.] (Gallia cisalpina) was added to the previous nine, and thus the praetorship) some lasted into the 4th See also:century and were copied in the constitution of See also:Constantinople . Besides their judicial functions, the praetors, as colleagues of the consuls, possessed, though in a less degree, all the consular powers, which they regularly exercised in the See also:absence of the consuls; but in the presence of a consul they exercised them only at the See also:special command either of the consul or, more usually, of the See also:senate . Thus the praetor possessed military power (imperium); even the city praetor, though attached by his office to Rome, could not only See also:levy troops but also in certain cir-, cumstances take the command in See also:person . As provincial governors the praetors had frequent occasion to exercise their military powers, and they were often accorded a See also:triumph . The city praetor presided over popular assemblies for the election of certain inferior magistrates, but all the praetors officiating in Rome had the right to summon assemblies for the purpose of legislation . In the absence of the consuls the city praetor, and in See also:default of him the other praetors, were empowered to See also:call meetings of the senate . Public religious duties, such as the fulfilment of See also:state vows, the celebration of sacrifices and See also:games, and the fixing of the See also:dates of movable feasts, probably only fell to the praetors in the absence of the consuls . But since in the early times the consuls as a See also:rule spent only the first months of their year of office in Rome, it is probable that a consider-able See also:share of religious business devolved on the city praetor; this was certainly the See also:case with the Festival of the See also:Cross-roads (compitalia), and he directed the games in See also:honour of See also:Apollo from their institution in 212 . See also:Augustus in 22 placed the direction of all the popular festivals in the hands of the praetors, and it is not without significance that the praetors continued thus to See also:minister to the pleasures of the Roman See also:mob for centuries after they had ceased almost entirely to transact the business of the state . |
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