PRAETOR, originally a military title (a leader; Lat. prae . . . ire), was the designation of the highest magistrates in the Latin towns.
Under the republic the Roman consuls were at first called praetors; by the Licinian law of 367 B.C., a new magistrate was created who was to be a colleague of the consuls, though with lesser powers. This new magistrate was entrusted with the jurisdiction in civil cases; in other respects his powers resembled those of the consuls. His title was the city praetor (praetor urbanus), and when the number of praetors was increased, the city praetor always ranked first. To this new magistrate the title of "praetor" was thenceforward restricted. About 242 B.c. the increase of a foreign population in Rome necessitated the cre ation of a second praetor for the decision of suits between foreign ers (peregrini) or between citizens and foreigners (praetor pere grinus). About 227 two more praetors were added to administer the provinces of Sicily and Sardinia. The conquest of Spain occasioned the appointment of two more in 197. The number of praetors remained stationary until Sulla's time (82 B.C.). But in the interval their duties multiplied. On the one hand, five new provinces were added to the Roman dominions; on the other new and permanent jury courts (quaestiones perpetuae) were insti tuted at Rome, over which the praetors were called on to preside. To meet this increase of business the tenure of office of the praetors and also of the consuls was practically prolonged from one to two years, with the distinction that in their second year of office they bore the titles of propraetor and proconsul instead of praetor and consul. The prolongation of office formed the basis of Sulla's arrangements. He increased the number of the praetors from six to eight, and ordained that henceforward all the eight should in their first year administer justice at Rome and in their second should as propraetors undertake the government of prov inces. The courts over which the praetors presided, in addition to those of the city praetor and the foreign praetor, dealt with the following offences : oppression of the provincials by gover nors (repetundarum), bribery (ambitus), embezzlement (pecu latus), treason (maiestatis), murder (de sicariis et veneficis), and forgery (falsi). Later, more provinces were added and more
courts constituted, including that of Gallia Cisalpina. Julius Caesar increased the number of praetors.
The praetors were elected, like the consuls by the comitia centuriata Isee CommA) and with the same formalities. They held office for a year. The insignia of the praetor were those of the higher Roman magistrates—the purple-edged robe (toga prae texta) and the ivory chair (sella curulis) ; in Rome he was at tended by two lictors, in the provinces by six. The praetors elect cast lots to determine the department which each of them should administer. A praetor as a civil judge at or before his entry on office published an edict setting forth the rules and law procedure by which he intended to be guided. These rules were often accepted by his successors, and corrected and amplified from year to year, became, under the title of the "perpetual" edicts, one of the most important factors in moulding Roman law. Their tendency was to smooth away the anomalies of the civil law by substituting rules of equity for the letter of the law.
Besides their judicial functions, the praetors as colleagues of the consuls, possessed the consular powers, which they exercised in the absence of the consuls; but in the presence of a consul they exercised them only at the command either of the consul or the senate. (For the praetor as provincial governor see PROV INCE.)