PRAETOR URBANOS AND PRAETOR PEREGRINUS

§ 146 Livius, Ab urbe condita VI.42.11 (367 B.C.)

When finally, the disagreements were settled by the dictator on terms, and a plebeian consul was conceded by the patricians to the plebs, and by the plebs to the patricians one praetor who should administer law in the city and was to be elected from among the patricians.

Cf. 1.2.2.27.

Livius, Ab urbe condita VIII. 15.9 (337 B.C.)

In the same year Q. Publilius Philo was made praetor, the first from the plebeians, Sulpicius the consul opposing for he saw no reason why he should take cognizance of him, but the Senate was less concerned with respect to the praetor­ship, since the office had failed to achieve the highest sovereignty (imperium).

Pomponius, Libra singular! enchiridii (D. 1.2.2.28)

Some years later, as this praetor (urbanus) did not suffice because great numbers of foreigners (peregrini) were coming into the state, another praetor was created in addition, who was called peregrinus from the fact that, for the most part, he administered justice to the foreigners.

Tradition has it that upon the willingness of the patricians to concede that a plebeian could become consul, the plebs agreed that a new office, the praetorship, a colleague of the consuls but with lesser sovereign power (imperium minus), should be created, to be held by a patrician.¹ Within thirty years, however, the post of praetor was held by a plebeian. Accord­ingly, it has been suggested that the office was open to the plebeians from the start, and had actually been created to raise the number of consuls to the total of three colleagues.^{[975] [976] The sovereign power of the praetor was not dif­ferent from that of a consul, but was exercised particularly in the sphere of administration of justice. The praetor could, and sometimes did, exercise military power; he could convoke the assembly to propose laws, he could issue orders (edicta) like any other magistrate, and in general had the powers and duties of a magistrate with imperium? It is as chief magistrate with jurisdiction over civil controversies that the praetor plays a most significant role in the development of the Roman law. This supervision (iurisdi c tio) over controversies between Roman citizens appears to stem from his sovereign power (imperium) as a higher magistrate, but scholars differ as to the exact relation between the two powers.[977] [978] [979] [980] [981] [982]}

At a time when the Roman state came into increased contact with other peoples - Mommsen has given the date as 242 B.C? - a second praetor was provided for, one who would ‘utter law* (ius dicit [exercise jurisdiction]) between foreigners.

Four further praetors were created in the course of time to govern the first provinces. After Sulla eight praetors were elected annually, the praetor urbanus and the praetor peregrinus undertaking civil jurisdiction in Rome, the remaining six becoming presidents of the new permanent criminal courts. Only after the year in Rome did the praetors move to the provinces as governors. During the Principate the number of praetors was increased, to eighteen by Hadrian, but the urban praetor and the foreign praetor remained the only two praetors with general civil jurisdiction, to the time of the consti­tute Antoniniana?

B.