History of The Title
The Classical-era authors do not describe the events leading to the Praetor title origination, but the writings of the late Republican statesman and attorney Cicero explored the philosophy and uses of the term praetor.
The prefix prae is a good indication that the title-holder was prior, in some way, in society. Livy mentions that the Latini were led and governed in warfare by two of them and the Samnites by one. A dictator was called the praetor maximus. The use of the adjectives (praetorius, praetoricius, praetorianus) in a large number of circumstances testify to a general sense. The leadership functions of any corporate body at Rome might be termed praetorial.
The praetoria potestas in Republican Rome was at first held by the consuls. These two officials, elected on a yearly basis, inherited the power of the king. Very likely, the king himself was the first praetor, but in what sense? The best explanation available is that of Cicero in De legibus, in which he proposes ideal laws based on Roman constitutional theory:
- Regio imperio duo sunto, iique praeeundo iudicando consulendo praetores iudices consules appellamino. Militiae summum ius habento,...
- "Let there be two with the authority of the king, and let them be called praetors, judges and consuls from their going before, judging and consulting. Let them have the supreme right of command of the military..."
This etymology of praetor became and remains the standard. Cicero considers the word to contain the same elemental parts as the verb praeire (praeeo: "to go before, to precede, to lead the way"). In exactly what way he goes before did not survive, but if we interpret praetor as leader we shall probably not go far wrong.
Livy explains that in the year 366 BC the praetura was created to relieve the consuls of their judicial duties. The praetor was, in an English sense, the chief justice, and yet more than that. The consuls were his peers; he was elected by the same electorate and sworn in on the same day with the same oath. With them he retained the ius militiae. The constitution was amended in this way to satisfy the patricians. One consular position had to be opened to the plebeians. Until 337 BC the praetor was chosen only from the patricians.
From then on praetors appear frequently in Roman history, first as generals and judges, then as provincial governors. Beginning in the late Republic, a former Praetor could serve as a Propraetor ("in place of the Praetor") and act as the governor of one of Rome's provinces. Propraetors were much in demand.
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