Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
The Licinian laws had the unexpected effect of adding two new
magistracies to the state. These were known as the Praetorship and
the Curule Aedileship. The institution of the former office was a
constitutional change of the first magnitude, being nothing less than the
addition of a third colleague to the consuls. It is represented as having
been a part of the compromise between the orders, the Plebeians allowing
a third purely patrician magistracy to be created in exchange for the
confiscated consulship.[459] But, even if we assume that the praetorship
was originally confined to the _patres_—a statement which has with some
reason been doubted[460]—it was necessity rather than ambition which
directed the creation of the office. The impossibility of the consul’s
paying adequate attention to duties of jurisdiction had been one of the
motives which led to the establishment of the consular tribunate. Now
that the consulship was permanently restored, provision had to be made
for the permanent severance of civil jurisdiction from that office.
As jurisdiction implied the _imperium_, and all the possessors of
this regal prerogative were necessarily colleagues, the praetor was a
colleague of the consuls. He was created, as the phrase ran, “under the
same auspices,”[461] and therefore by the same assembly and under the
same formalities of election. He bore the early title of the consuls,
which, in spite of its inappropriateness to his usual peaceful duties,
came to cling to him exclusively. But, though he was needed chiefly
for purposes of jurisdiction, one branch of the _imperium_ could not
be singled out to the exclusion of the others. The praetor possesses
all the aspects of the supreme power, the capacity for command in war,
for initiating legislation, for summoning and transacting business with
the Senate. How these powers were harmonised with, and subordinated
to, the similar powers of the consuls, will be described elsewhere.
The main business of the original praetor did not clash with that of
his colleagues, for, though in theory perhaps the consul never did
lose his control of civil jurisdiction,[462] practice decided against
his interference with it, and the praetor was for more than 120 years
(366-242) the sole civil magistrate of Rome. At the close of this period
a second praetor was appointed, whose duty it was to decide cases between
foreigners (_peregrini_) and between Roman citizens and foreigners—an
addition rendered necessary by the growth of Rome’s territory and
business, and which has no further political significance.
The praetorship, if it ever was a patrician preserve, did not long remain
such. Thirty years after its institution (337 B.C.) a Plebeian, Q.
Publilius Philo, successfully contested the post. The objections of the
presiding magistrate, whether based on law or custom, were overruled and
Plebeians declared eligible for the office.[463]
Public-domain text, read in full here on John Shaqi.
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