disappearance of the simple life and the simple virtues of the olden
time. What the censors tried to do was to maintain the moral and social
standards of earlier days. While the censor’s office flourished,
deviations from those standards were not defined by law, but were
determined by officials, from whose decisions there was no appeal.
Perhaps no official in Roman history enjoyed such absolute power
within the limits fixed by the penalties which could be imposed.[3]
The institution played an important rôle for many decades, but towards
the close of the second century before our era, the population had
become so large that an examination of the business and the life of
every citizen became impossible. One of the objects which the Romans
had tried to accomplish by the establishment of the censorship, they
attempted later to attain by the passage of sumptuary laws.
The growth of Rome and the consequent increase of public business led
the Romans to take his judicial functions from the consul in 367,
just as they had previously relieved him of police duties and of
financial business. Henceforth a new magistrate, the praetor, took his
place in the courts. To no other institution in the Roman political
system does the modern world owe so much as it owes to the praetor’s
office. At first there was only one incumbent of the office, and since
his duties confined him to the city he was called the urban praetor.
A hundred years later when a second praetor was added, to deal with
cases in which one party or both parties to the case were foreigners,
the new official was styled the peregrine praetor and in his courts
the principles of the law of nations were developed. Sulla ultimately
raised the number of praetors to eight. With the institution of the
praetor’s office our modern court system of judge and jury was firmly
established, and a beginning was made in the development of Roman Law.
On taking office the praetor published an edict containing the maxims
of law and the forms of procedure which would govern him throughout his
year of office. This document followed the edict of his predecessor,
with such modifications and additions as his own judgment and the needs
of the times required. The law in this way became a living thing and
constantly adapted itself to the changing needs of society. The later
history of the edict and certain additions to the praetor’s duties we
shall have occasion to notice in another connection.
Public-domain text, read in full here on John Shaqi.
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