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
law that he must not be absent more than ten days from Rome during his
year of office[922] made him more of a distinctly civic official.
The powers of the praetors, taken in their natural order, may be divided
into (i.) their general administrative duties at Rome, and (ii.) the
duties of their special departments. In the first of these spheres they
acted in virtue of their own _imperium_ but _vice_ the consuls, and
generally, therefore, when the consuls were absent from the city. If they
acted when the consul was present, it was by authority of the Senate, and
legally the consuls might prohibit this action.[923] Such an injunction
by the Senate was a constitutional mode of coercing the consuls into
doing their duty. In this way the praetors might summon the Senate,[924]
propose a _rogatio_,[925] hold the levy,[926] and exercise criminal
jurisdiction delegated by the people.[927] Usually, however, such duties
were performed by them only in the absence of the consuls, and the
_praetor urbanus_ generally took the lead,[928] although the summons of
the Senate by both home praetors, and even by a provincial praetor, was
not unknown.[929]
The special functions of the praetors were always assigned by lot
(_sortitio_). During the period when some of the praetors governed
provinces, a regular sortition took the form of an assignment of the
two urban _provinciae_ to two, and of the foreign provinces to two
and afterwards to four members of the college.[930] But in the third
and early part of the second centuries, before prorogation of command
became the normal principle, and when Rome had few magistrates with
_imperium_ at her disposal, this regular sortition could not always be
observed. Sometimes the two urban praetorships were combined,[931] or the
_praetor peregrinus_ might be given an Italian command, such as Cisalpine
Gaul.[932] In this way a praetor could be spared for the command of the
fleet or in Gaul (at Ariminum). This disturbance of the _sortitio_ and
the appointment of a praetor _extra ordinem_[933] were naturally the work
of the Senate. After Sulla the two civil and six of the criminal courts
were assigned to the eight praetors by lot.
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