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
We have seen how the functions of civil jurisdiction were given to
a minor colleague of the consuls, and how a second colleague was
subsequently added to try cases in which the interests of _peregrini_
were involved.[916] The needs for judicial magistrates could not end
here. The provinces of Sicily and Sardinia, acquired as a consequence of
the first Punic war, required jurisdiction, and two praetors were given
them about the year 227 B.C.; two more were added in 198 B.C. for the two
newly acquired Spanish provinces, thus bringing up the full number to
six. A _lex Baebia_ (_circa_ 180 B.C.) enacted that four and six praetors
should be elected in alternate years, probably for the wise purpose of
making the praetorian government of the difficult Spanish provinces
biennial; but this law was soon suspended, and six praetors continued
to be annually elected until the time of Sulla (81 B.C.).[917] It is
true that between 198 and 81 many provinces had been added to the Roman
Empire; but the principle of administration by pro-magistrates had gained
recognition while these were being created; the praetors were becoming,
like the consuls, more and more city officials, and the necessity for
adding to their number came from the development of the criminal law.
At least eight praetors were needed for the presidency of the civil and
criminal courts at Rome, and consequently two were added by Sulla to the
original six.
The variety of functions performed by the praetors was due to their
having a general and a special character. On entering office, after
election by the centuries, they were at once, as inferior colleagues
of the consuls, capable of any of the duties which flowed from the
_imperium_. They were then assigned some special office, some definite
_provincia_; but the exercise of this did not destroy their capacity
for general action. For command in war, as well as for the exercise of
at least civil jurisdiction—both attributes of the full _imperium_—they
required a _lex curiata_. Each had the right to six lictors, and appeared
with the full number when controlling a province outside the city;
but, in the exercise of his jurisdiction at home, he employed, or was
allowed, only two.[918] The praetor’s specific title was derived from
his province; of the two original home praetors one was known as the
_praetor qui inter cives jus dicit_, or, in the colloquial phrase which
became titular, as _praetor urbanus_; the other as the _praetor qui
inter peregrinos jus dicit_, known finally as the _praetor peregrinus_.
But both the home praetors were often spoken of as having _urbanae
provinciae_ and exercising _urbana jurisdictio_.[919] Their rank was
higher than that of their colleagues—hence their names were, like those
of the consuls, used for dating[920]—and of the two the _praetor urbanus_
was regarded as holding the more distinguished position.[921] His duties
were naturally far more engrossing than those of his colleague, and the
Public-domain text, read in full here on John Shaqi.
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