Praetor Questions

[Septimus Flavius Galarius]

Praetor's were responsible f for the administration of justice. Now from what i understand after new terriotories were conquered new praetors were added. Now did every province have a praetor? Did he have a staff to assist him? Did they have to have any background in roman law? Now who did they directly answer too, i would assume not to a procosul but to the senate , or during the empire to the emperor. Could they be considered the roman equalivent to the US attorneys that represent the Attorney General and the United States government?

[Publius Nonius Severus]

Here is the best, most concise summary of a praetor you are likely to find and it should answer most of your questions:

 

Praetor from livius.org

Edited February 18, 2007 by Publius Nonius Severus

[Publius Nonius Severus]

There may be some questions still left unanswered, so, here is some more stuff from William Smith's Dictionary of Greek and Roman Antiquities:

 

At first Praetors were appointed as governors of provinces, but afterwards they were appointed to the government of provinces, upon the expiration of their year of office at Rome, and with the title of Propraetores. In the later times of the republic, the consuls also, after the expiration of their year of office, received the government of a province with the title of Proconsules: such provinces were called Consulares. Cicero was Proconsul of Cilicia B.C. 55, and his colleague in the consulship, C. Antonius, obtained the proconsulship of Macedonia immediately on the expiration of his consular office. The provinces were generally distributed by lot, but the distribution was sometimes arranged by agreement among the persons entitled to them. By a Sempronia Lex the proconsular provinces were annually determined before the election of the consuls, the object of which was to prevent all disputes. A Senatusconsultum of the year 55 B.C., provided that no consul or praetor should have a province till after the expiration of five years from the time of his consulship or praetorship. A province was generally held for a year, but the time was often prolonged. When a new governor arrived in his province, his predecessor was required to leave it within thirty days. A Lex Julia passed in the time of C. Julius Caesar limited the holding of a Praetoria Provincia to one year, and a Consularis Provincia to two years (Dion Cassius, xliii.25; Cic. Phil. i.8, V.3). The governors of provinces had no pay as such, but certain expenses were provided for out of the Aerarium. Augustus first attached pay to the office of provincial governor ( Dion Cassius, liii.15; Sueton. August. 36).

 

The governor of a province had originally to account at Rome (ad urbem) for his administration from his own books and those of his Quaestors; but after the passing of a Lex Julia B.C. 61, he was bound to deposit two copies of his accounts (rationes) in the two chief cities of his province and to forward one (totidem verbis) to the Aerarium (Cic. ad Fam. ii.17, V.20, ad Attic. vi.7). If the governor misconducted himself in the administration of the province, the provincials applied to the Roman Senate, and to the powerful Romans who were their Patroni. The offences of Repetundae and Peculatus were the usual grounds of complaint by the provincials; and if a governor had betrayed the interests of the State, he was also liable to the penalties attached to Majestas. Quaestiones were established for inquiries into these offences; yet it was not always an easy matter to bring a guilty governor to the punishment that he deserved.

[Ursus]

When the Plebians began making in roads into the Consular elections, the office of praetor was added to keep the balance of power in favor of the patricians. The praetor originally had the same duties as a Consul - convene the assemblies, administer justice, lead armies into battle, etc - except he was considered junior to the Consuls, and was essentially the fill-in for the Consuls when they were away campaigning.

 

Gradually the praetor seemed to concentrate more on the administration of the legal system than anything else, and it is this capacity he is most remembered. Two praetors were instituted - one for the city and one for foreigners. Other praetors were soon added to serve as governors for the new overseas territories. Eventually one had to serve as a praetor before one could be elected as Consul.

 

In the Principate, the number of Praetors was now up to 12. They still presided over the legal system, but also could be found with certain financial duties. The office was by then designed to be a stepping stone to either provincial governership in a Senatorial province or commander of a legion in an imperial province.

 

I'm not sure if Praetors were still around for the Late Empire ....? If they were, the nature of their duties must have changed dramatically by then.

[Gaius Octavius]

Were they trained in the law? I don't think that there were such schools. I believe that the law was a part of the education of every upper class Roman.

[Ursus]

According to the Oxford Classical Dictionary, law schools didn't appear until the 1st century CE. Before then, memorizing the law of the Twelve Tables and studying rhetoric and philosophy seems to have sufficed...

[Gaius Octavius]

The first century A.D., or the first millenia A.D.? It's a question, not a statement.

[Septimus Flavius Galarius]

I'm still confused to the role of the praetor in regards to the late republic and the principate. Now where they governors of provinces or where they part of the government of the pronvices overseeing its legal affairs? Also i believe they replaced the aediles in finacing and putting on the public games, am i right on that?

[Ursus]

The first century A.D., or the first millenia A.D.? It's a question, not a statement.

 

1st century AD

 

I'm still confused to the role of the praetor in regards to the late republic and the principate. Now where they governors of provinces or where they part of the government of the pronvices overseeing its legal affairs? Also i believe they replaced the aediles in finacing and putting on the public games, am i right on that?

 

Under Caesar and Augustus the oversight of public games did in fact pass to the praetors, leaving the aediles as little more than prosecutors of certain public laws having to do with the market and common good.

 

Thus the 12 Principate praetors oversaw the public games, oversaw certain special duties such as the treasury and the food supply, and finally presided over the legal system

 

In the Principate after serving as praetor in Rome, they subsequently served either as:

 

1) governors of Senatorial provinces - the Mediterranean provinces which did not require a full legion

2) commanders of full legions in Imperial (border) provinces, who reported to the provincial governor who was himself a former Consul.

[Gaius Octavius]

Did these 'law schools' have names? Are any extant today?

[Ursus]

I'll have to do more research, G.O. These were just bits of info I came across in reference to other things. Possibly MPC would know off the top of his head.

[Septimus Flavius Galarius]

so if a governor was brought up on corruption charges would it be the praetors job to prosecute that governor or would it fall to someone else? Was he in sense a government prosecutor? What crimes would fall under a praetors jurisdiction? Was there any crime too small, or not in his jurisdiction to prosecute?

[Publius Nonius Severus]

so if a governor was brought up on corruption charges would it be the praetors job to prosecute that governor or would it fall to someone else? Was he in sense a government prosecutor? What crimes would fall under a praetors jurisdiction? Was there any crime too small, or not in his jurisdiction to prosecute?

 

Here are some additional cites from Smith's Dictionary Article on Provinces tha may answer your questions. I recommend you read the whole article but here is the big stuff.

 

 

Provinces

 

...For the administration of justice the island was divided into Fora or Conventus, which were territorial divisions. Sicilians who belonged to the same town had their disputes settled according to its laws; citizens of different towns had their disputes decided by judices appointed by the governor; in case of disputes between an individual and a community, the Senate of any Sicilian town might act as judices, if the parties did not choose to have as judices the Senate of their own towns; if a Roman citizen sued a Sicilian, a Sicilian was judex; if a Sicilian sued a Roman citizen, a Roman was judex; but no person belonging to the Cohors of a Praetor could be judex...

 

...If the governor misconducted himself in the administration of the province, the provincials applied to the Roman Senate, and to the powerful Romans who were their Patroni. The offences of Repetundae and Peculatus were the usual grounds of complaint by the provincials; and if a governor had betrayed the interests of the State, he was also liable to the penalties attached to Majestas. Quaestiones were established for inquiries into these offences; yet it was not always an easy matter to bring a guilty governor to the punishment that he deserved....

[Septimus Flavius Galarius]

So let me seee if i got this straight. The Praetors responbilities were appointing a Judex to judge criminal or civil cases, which both parties in the case had to agree on the Judex. Also Praetors were responsible for overseeing public games and their importance in the Roman govermnet was second only to the Consuls. Also when their term of office ended they had to become a Proconsul for a senatorial province. Now i hope i have it somewhat right this time. Also thank you to everyone for helping me be clear on the importance and duties of the Praetor.

[Gaius Octavius]

SFG, I think that you had better re-read the responses.