The praetors

The praetorship (praetura) was introduced in 367 BC as a concession to the patricians for acceding to the plebeians' demand that one of the consuls should be a plebeian.

Originally one praetor was elected, exclusively from the patrician class. The plebeians gained access to the praetorship in 337 BC.^{^[257]}[258] To the new magistracy were transferred the duties of the consuls relating to the supervision of civil litigation (iurisdictio) in disputes between Roman citizens (qui inter elves ius dicit)⁶² In the third century BC, as the number of foreigners (peregrini) living in Rome continued to increase and transactions between them and Romans multiplied, an additional praetor was appointed (c. 242 BC) to supervise litigation in disputes between foreigners (iurisdictio inter peregrinos ), and between foreigners and Roman citizens (iurisdictio inter cives et peregrinos). The new praetor (praetor peregrinus) was distinguished from the original one who, as having jurisdiction over disputes between Roman citizens only (iurisdictio urbana), was termed praetor urbanus or praetor urbis^M As the Roman territory continued to expand, two further praetors were added in 227 BC and two more in 197 BC. These were appointed as governors of the newly formed Roman provinces overseas (praetores provinciales).^{^[259]}[260]Under Sulla (82 BC) the number of praetors in Rome was increased to eight. Of these the praetor urbanus and the praetor peregrinus continued to supervise the administration of the civil law in Rome and Italy,^{^[261]} while the remaining six served as chairmen of the newly established criminal courts (questiones perpetuae, praetores quaesitores). Eight more praetors were added by Caesar in the second half of the first century BC.^{^[262]}[263]

Like the consuls, the praetors were elected annually by the assembly of the centuries (comitia centuriata) and, although they were inferior to the consuls to whom they were regarded as junior colleagues (minores collegae consulum), they were invested with the same power of imperium?* As bearers of imperium, besides being capable of assuming military command, they had the right of summoning the senate and the assembly (comitia tributa), and could introduce questions for discussion to the first and propose laws to the second.

As has been noted, the praetors had the full power of iurisdictio, that is, the power to regulate legal proceedings and to declare the legal principles on the basis of which disputes were resolved. Associated with this power was their right of issuing binding regulations, or edicts {ius edicendi). The edict, which the praetor of each year issued upon taking office, specified the principles which he would observe in enforcing the law and the conditions under which he would allow prosecutions and suits. As it was intended that it should be valid throughout his year in office, it was called continuous edict {edictum perpetuum). If occasions arose, the praetor might issue additional edicts at any time during the year (such an edict was called edictum repentinum). Originally, a praetor was not legally bound to adhere to the directions set out in his edict, although he was required to do so by custom. But in the last century of the Republic a law was enacted - the lex Cornelia de iuris dictione of 67 BC - which forbade praetors from departing from their edict. Moreover, although each praetor's edict was valid only during his own term, it became customary for a newly elected praetor to incorporate into his own edict the bulk of his predecessor's edict, making only limited alterations.^{^[264]} In the course of time the praetorian edict became one of the most important factors in the development of Roman private law and provided the basis for a distinct source of law known as ius praetorium or ius honorarium.

The praetors appointed as provincial governors (praetores provinciates) exercised, by virtue of their imperium, broad civil and military powers. They decided on all matters relating to the internal administration of their provinces and warranted the peace and security of the various communities within their borders. They commanded the military forces, both Roman and auxiliary, stationed in their provinces and, when the need arose, could recruit fresh troops locally {delectus provincialis).

Furthermore, provincial governors exercised general supervision over the administration of the law, both civil and criminal, within their territories. Although the majority of cases were tried before local courts, a party had the right to lodge an appeal with the governor. Moreover, the governor, assisted by a committee of advisers {consilium), visited the main towns of his province at least once a year to hear cases in specially set up tribunals. In criminal cases he had the power to impose punishment, including capital punishment, on both locals and Roman citizens residing in his province.^{^[265]}

As was noted before, the praetors entrusted with the administration of criminal law {praetores quaesitores) were introduced after the establishment of the permanent criminal courts {quaestiones perpetuae) in the later republican period. A praetor quaestitor conducted the preliminary investigation into a criminal charge, presided over the court trying the case and directed the relevant proceedings. Before proceedings began he had to swear that he would abide by the law by which his court was established and could be subject to punishment if found guilty of corruption or abuse of power.^{^[266]}

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Source: Mousourakis George. The Historical and Institutional Context of Roman Law. Routledge,2003. — 480 p.. 2003

The praetors

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