praetor

praetor, in ancient Rome, a judicial officer who had broad authority in cases of equity, was responsible for the production of the public games, and, in the absence of consuls, exercised extensive authority in the government.

The institution of consuls arose c. 510 bc with the expulsion of the kings. There were two consuls, who not only controlled the treasury and held supreme authority in government but also led troops, necessitating their absence from Rome for extended periods. Originally, the title praetor was restricted to a magistrate, but c. 337 bc the office was opened to plebeians. Until c. 242 bc there was only one praetor who handled matters of equity between Roman citizens. At that time a second praetor was established to handle suits in which one or both parties were foreigners. The original office was renamed praetor urbanus, and the new office was called praetor peregrinus. At various times subsequently, the number of praetors varied. About 227 bc two more peregrine praetors were appointed for Sicily and Sardinia, and about 197 bc two more were appointed to administer Spain. Early in the 1st century bc the consul Lucius Cornelius Sulla increased the number of praetors to eight. Two continued to preside over civil matters while the six additional ones were assigned to specific courts: extortion, bribery, embezzlement, treason, assault, murder, and forgery. After one year of service they customarily went on to become provincial governors.

From early times the praetor as a civil administrator issued an edict stating the procedure by which he would be guided. About 67 bc, he became bound by law to follow his edict. Ultimately, the edict, as modified over centuries, became one of the most important factors in molding and adapting the Roman law to new conditions and to the principles of equity and good faith. Under the emperor Hadrian in the 2nd century ad a “perpetual edict” was codified and published. By that time, however, praetorian jurisdiction had been circumscribed by the emperor. In the late Roman Empire most praetorships disappeared, but the praetor urbanus remained, with the responsibility of providing the public games.