PRAETOR (στρατηγός), was originally a title which designated the
consuls as the leaders of the armies of the state. The period
and office of the command of the consuls might appropriately be
called _Praetorium_. Praetor was also a title of office among the
Latins. The first praetor specially so called was appointed in B.C.
366, and he was chosen only from the patricians, who had this new
office created as a kind of indemnification to themselves for being
compelled to share the consulship with the plebeians. No plebeian
praetor was appointed till the year B.C. 337. The praetor was called
_collega consulibus_, and was elected with the same auspices at the
comitia centuriata. The praetorship was originally a kind of third
consulship, and the chief functions of the praetor (_jus in urbe
dicere_, _jura reddere_) were a portion of the functions of the
consuls. The praetor sometimes commanded the armies of the state; and
while the consuls were absent with the armies, he exercised their
functions within the city. He was a magistratus curulis, and he had
the imperium, and consequently was one of the magistratus majores:
but he owed respect and obedience to the consuls. His insignia of
office were six lictors; but at a later period he had only two
lictors in Rome. The praetorship was at first given to a consul of
the preceding year.--In B.C. 246 another praetor was appointed, whose
business was to administer justice in matters in dispute between
peregrini, or peregrini and Roman citizens; and accordingly he was
called _praetor peregrinus_. The other praetor was then called
_praetor urbanus, qui jus inter cives dicit_, and sometimes simply
_praetor urbanus_ and _praetor urbis_. The two praetors determined by
lot which functions they should respectively exercise. If either of
them was at the head of the army, the other performed all the duties
of both within the city. Sometimes the military imperium of a praetor
was prolonged for a second year. When the territories of the state
were extended beyond the limits of Italy, new praetors were made.
Thus, two praetors were created B.C. 227, for the administration of
Sicily and Sardinia, and two more were added when the two Spanish
provinces were formed, B.C. 197. When there were six praetors, two
stayed in the city, and the other four went abroad. The senate
determined their provinces, which were distributed among them by
lot. After the discharge of his judicial functions in the city, a
praetor often had the administration of a province, with the title
of _propraetor_. Sulla increased the number of praetors to eight,
which Julius Caesar raised successively to ten, twelve, fourteen,
and sixteen. Augustus, after several changes, fixed the number
at twelve. Under Tiberius there were sixteen. Two praetors were
appointed by Claudius for matters relating to fideicommissa, when
the business in this department of the law had become considerable,
but Titus reduced the number to one; and Nerva added a praetor for
the decision of matters between the fiscus and individuals. Thus
there were eventually eighteen praetors, who administered justice
in the state.--The praetor urbanus was specially named praetor, and
he was the first in rank. His duties confined him to Rome, as is
implied by the name, and he could only leave the city for ten days at
a time. It was part of his duty to superintend the Ludi Apollinares.
He was also the chief magistrate for the administration of justice;
and to the edicta of the successive praetors the Roman law owes in
a great degree its development and improvement. Both the praetor
urbanus and the praetor peregrinus had the jus edicendi, and their
functions in this respect do not appear to have been limited on
the establishment of the imperial power, though it must have been
gradually restricted, as the practice of imperial constitutions and
rescripts became common. [EDICTUM.] The chief judicial functions of
the praetor in civil matters consisted in giving a judex. [JUDEX.] It
was only in the case of interdicts that he decided in a summary way.
[INTERDICTUM.] Proceedings before the praetor were technically said
to be _in jure_. The praetors also presided at trials of criminal
matters. These were the quaestiones perpetuae, or the trials for
repetundae, ambitus, majestas, and peculatus, which, when there were
six praetors, were assigned to four out of the number. Sulla added
to these quaestiones those of falsum, de sicariis et veneficis, and
de parricidis, and for this purpose he added two, or, according
to some accounts, four praetors. On these occasions the praetor
presided, but a body of judices determined by a majority of votes the
condemnation or acquittal of the accused. [JUDEX.] The praetor, when
he administered justice, sat on a sella curulis in a tribunal, which
was that part of the court which was appropriated to the praetor and
his assessors and friends, and is opposed to the subsellia, or part
occupied by the judices, and others who were present.