Praetor

Praetor (/ˈpriːtər/ PREE-tər, Classical Latin: [ˈprae̯tɔr]), also pretor, was the title granted by the government of ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected magistratus (magistrate), assigned to discharge various duties. The functions of the magistracy, the praetura (praetorship), are described by the adjective itself: the praetoria potestas (praetorian power), the praetorium imperium (praetorian authority), and the praetorium ius (praetorian law), the legal precedents established by the praetores (praetors). Praetorium, as a substantive, denoted the location from which the praetor exercised his authority, either the headquarters of his castra, the courthouse (tribunal) of his judiciary, or the city hall of his provincial governorship. The minimum age for holding the praetorship was 39 during the Roman Republic, but it was later changed to 30 in the early Empire.

The status of the praetor in the early republic is unclear. The traditional account from Livy claims that the praetorship was created by the Sextian-Licinian Rogations in 367 BC, but it was well known both to Livy and other Romans in the late republic that the chief magistrates were first called praetor. For example, Festus "refers to 'the praetors, who are now consuls'".

The form of the republic changed substantially over its history and the accounts of the republic's development in the early imperial period are marred with anachronisms projecting then-current practices into the past. In the earliest periods of the republic, praetor "may not have meant anything more than leader in the most basic sense", deriving from praeire (to proceed) or praeesse (to be preeminent). These early praetors may have simply been clan leaders leading "military forces privately and free from state control" with a multitude of private leaders leading private armies.

These early military leaders were eventually institutionalised into fixed magistrate bodies elected by the people with clear state control over military activities. This was also probably assisted by "the use of recuperatores to mediate disputes and fetial priests to control the declaration of war". The effect to make it more difficult for private individuals to start wars against Rome's neighbours. Reforms in 449 BC also may have required "for the first time that all military commanders be confirmed by a popular assembly [representing] the Roman people".

The emergence of the classical praetorship was a long process that had been underway by 367 BC. This was when the Sextian-Licinian Rogations were passed, giving the Roman people substantially more power over the selection of their military commanders. While Livy claims that the rogations created the praetorship in 367 BC to relieve the consuls of their judicial responsibilities, "few modern historians would accept [this] account as written". Beyond the ancient knowledge that a title of praetor dated to the beginning of the republic, what became the classical praetorship was initially a military office with imperium and "virtually identical in authority and capacity to the consulship". Furthermore, a fully-formed praetorship without colleague, as Livy's account implies, would be a "tremendous violation of Roman practice in which all regular magistracies were created in colleges consisting of at least two".

"Scholars increasingly view the [rogations] as establishing a college of three (and only three) praetors, two of whom eventually developed into the historical consuls". What became the classical praetorship in its early years also was not viewed as being less than the consuls, as "it was common practice for men to hold the praetorship after a consulship... since [doing so] was simply a method of holding imperium for a second year".

Livy reports that until 337 BC the praetor was chosen only from among the patricians. In that year, eligibility for the praetura was opened to the plebeians, and one of them, Quintus Publilius Philo, won the office.

Only in the 125 years after the election of three military leaders did a clear distinction emerge between what became the consuls and what became the praetors due to the "normal Roman practice to reserve one commander in or near the city for purposes of defence and (eventually) for civilian administration". The glory and prestige won by the praetors fighting foreign wars, then still in Italy, is what led to the higher prestige of the consulship. Only in 180 BC with the passage of the lex Villia annalis was holding the praetorship after the consulship prohibited. Even after the consulship emerged from the praetorship with higher prestige and desirability, praetorian imperium was still not legally distinct (or inferior to consular imperium) until the very end of the republic.