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Praefect

city, emperor, rome, praefectus, absence, roman, magistrate, office and deputy

PRAEFECT, the title of various Roman officials, civil and military (praefectus). A praefect was not a magistrate proper; he was the deputy of a superior magistrate.

City Praefect.—The city praefect (praefectus urbis) acted at Rome as the deputy of the chief magistrate or magistrates during his or their absence from the city. He represented the consul or consuls when he or they were absent on a campaign or on other public duties, such as the celebration of the annual Latin festival on the Alban Mount. The absence of all the chief magistrates for more than a single day rendered the appointment of a praefect obligatory; after the institution of the praetorship (367 B.c.) the necessity only arose exceptionally, as it rarely happened that both the consuls and the praetor were absent simultaneously. But a praefect was appointed during the en forced absence of all the higher magistrates at the Latin festi val. The right of appointing a praefect belonged to the magis trate whose deputy he was. No formalities in the appointment and no legal qualifications on the part of the praefect were required. The praefect had all the powers of the magistrate whose deputy he was, but his office expired on the return of his superior.

Under the empire a new city prefecture was introduced. Au gustus occasionally appointed a city praefect to represent him in his absence from Italy, although the praetors, or even consuls, remained in the capital. In the absence of Tiberius at Capreae during the last II years of his reign (A.D. 26-37), the city pre fecture, hitherto temporary, became a permanent magistracy; henceforth the praefect held office even during the presence of the emperor in Rome. He was chosen by the emperor; his office might be held for years or for life. The praefect was not allowed to quit the city for more than a day at a time. His duty was the preservation of peace in the capital ; he was, in fact, the chief of the police, with the superintendence of the streets, markets and public buildings. He was entrusted by Augustus with a summary criminal jurisdiction over slaves and rioters, which was gradually extended until it embraced all offences by whomsoever committed. In the 3rd century A.D., appeals to the emperor in civil cases were handed over to the praefect. An appeal lay from the praefect to the emperor. The praefect commanded the city cohorts (cohortes urbanae), which formed part of the garrison of Rome and ranked above the line regiments, though below the guards (see PRAETORIANS). The military power thus placed in the hands of the chief of the police was one of the most sorely felt innovations of the empire. The changes of Diocletian and Constantine extended the power of the praefect, in whom, after the removal from Rome of the highest officials, the whole mili tary, administrative and judicial powers were centred.

Judicial Praefects.—Under the republic judicial praefects (praefecti iuri dicendo) were sent annually from Rome as depu ties of the praetors to administer justice in certain towns of the Italian allies. These towns were called prefectures (praefec turae). After the social war (9o-89 B.C.), when all Italy had received the Roman franchise, such prefectures ceased to exist.

Praetorian Praefects.—Under the empire the praetorians or imperial guards were commanded by praefects (praefecti prae torio), who were chosen by the emperor and held office at his pleasure. In course of time the command seems to have been enlarged so as to include all the troops in Italy except the corps commanded by the city praefect (co/tortes urbanae). Further, the praetorian praefect acquired a criminal jurisdiction which he exercised as the representative of the emperor. A similar juris diction in civil cases was acquired by him not later than the time of Severus. Hence a knowledge of law became a qualifica tion for the post, which was held by the first jurists of the age (e.g., Papinian), while the military qualification fell into the background. Under Constantine the institution of the magistri militum deprived the praetorian prefecture of its military char acter, but left it the highest civil office of the empire.

Various Other Praefects.—The title of "praefect" was borne by various other Roman officials, of whom we may men tion the following:— Praefectus Aegypti (afterwards Praefectus augustalis).— The government of Egypt was entrusted to a viceroy with the title of "praefect" and was surrounded by royal pomp instead of the usual insignia of a Roman magistrate. He was under the immediate orders of the emperor. The exceptional position thus accorded to Egypt was due to its peculiar character and status as an imperial domain and to its very high importance as the granary of Rome, (2) Praefectus Vigilum, the commander of the cohortes vigi lum, a night police force instituted by Augustus (A.D. 6). One of the principal duties of this force was that of serving as a fire brigade. The praefectus vigilum besides commanding the cohortes vigilum exercised criminal jurisdiction in cases of incendiarism and offences committed during the night.

BIBLIOGRAPHY.—The different praefects are fully discussed in Mommsen, Romisches Staatsrecht (1887), vols. II., III.; see also T. M. Taylor, Constitutional and Political History of Rome (1899) ; A. H. J. Greenidge, Roman Public Life (19oi) ; J. E. Sandys, Com panion to Latin Studies (1921).

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