JUS PRÆTORIUM, HONORARIUM.

111

used commonly to be prefixed to the edict, BONUM FACTUM, Suet. Jul. 80. Vitel. 14. Plaut. ibid.

Those edicts which the prætor copied from the edicts of his predecessors were called TRÁLATITIA; those which he framed himself, were called NOVA; and so any clause or part of an edict, CAPUT TRALATITIUM vel NOVUM, Cic. in Verr. i. 45. But as the prætor often, in the course of the year, altered his edicts through favour or enmity, Cic. in Verr. i. 41. 46., this was forbidden, first by a decree of the senate, A. U. 585, and afterwards, A. U. 686, by a law which C. Cornelius got passed, to the great offence of the nobility, UT PRÆTORES EX EDICTIS SUIS PERPETUIS JUS DICERENT, i. e. That the prætors, in administering justice, should not deviate from the form which they prescribed to themselves in the beginning of their office, Ascon. in Orat. Cic. pro Corn., Dio. Cass. 36. c. 22, 23. From this time the law of the prætors (jus PRÆTORIUM), became more fixed, and lawyers began to study their edicts with particular attention, Cic. de Legg. i. 5., some also to comment on them, Gell. xiii. 10. By order of the Emperor Hadrian, the various edicts of the prætors were collected into one, and properly arranged by the lawyer Salvius Julian, the great grandfather of the Emperor Didius Julian; which was thereafter called EDICTUM PERPETUUM, or JUS HONORARIUM, and no doubt was of the greatest service in forming that famous code of the ROMAN laws called the CORPUS JURIS, compiled by order of the Emperor Justinian.

Besides the general edict which the prætor published when he entered on his office, he frequently published particular edicts, as occasion required (EDICTA PECULIARIA, ET REPENTINA), Cic. in Verr. iii. 14.

An edict published at Rome was called EDICTUM URBANUM, ibid. 43.; in the provinces, PROVINCIALE, ibid. 46. Siciliense, 45. &c.

Some think that the Prætor Urbanus only published an annual edict, and that the Prætor Peregrinus administered justice, either according to it, or according to the law of nature and nations. But we read also of the edict of the Prætor Peregrinus, Cic. Fam. xiii. 59. And it appears that in certain cases he might even be appealed to for relief against the decrees of the Prætor Urbanus, Cic. Verr. i. 46. Ascon. in Cic., Cæs. de Bell. Civ. iii. 20. Dio. xlii. 22.

The other magistrates published edicts as well as the prætor: the kings, Liv. i. 32. 44.; the consuls, Liv. ii. 24. viii. 6.; the dictator, Liv. ii. 30. viii. 34.; the censor, Liv. xliii. 14. Nep. in Cat. 1. Gell. xv. 11.; the curule ædiles, Cic. Phil. ix. 7. Plaut. Captiv. iv. 2, 43.; the tribunes of the commons, Cic. in Verr. ii. 41. ; the quæstors, ibid. iii. 7. So the provincial magistrates, Cic. Epist. passim, and under the emperors, the præfect of the city, of the prætorian cohorts, &c. So likewise the priests, as the pontifices and decemviri sacrorum, Liv. xl. 37.; the augurs, Valer. Max. viii. 2. 1., and in particular, the pontifex maximus, Tacit. Hist. ii. 91. Gell. ii. 28. All these were called HONORATI, Liv. xxv. 5. Ovid. Pont. iv. 5. 2.; or Honore honestati, Sall. Cat. 35., honoribus honorati, Vellei. ii. 124.,

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EDICTUM, INTERDICTUM — INSIGNIA OF THE PRÆTOR.

the law which was derived from their edicts was also called JUS HONORARIUM. But of all these, the edicts of the prætor were the most important.

The orders and decrees of the emperors were sometimes also called edicta, but usually rescripta. See p. 21.

The magistrates in composing their edicts took the advice of the chief men of the state; thus, Consules cùm viros primarios atque amplissimos civitatis multos in consilium advocássent, de consilii sententiá pronunciârunt, &c. Cic. Verr. iii. 7.; and sometimes of one another; thus, Cùm collegium prætorium tribuni pleb. adhibuissent, ut res nummaria de communi sententiâ constitueretur; conscripserunt communiter edictum, Cic. Off. iii. 20. Marius quod communiter compositum fuerat, solus edixit, ibid.

The summoning of any one to appear in court, was likewise called Edictum. If a person did not obey the first summons, it was repeated a second and third time; and then what was called a peremptory summons was given (EDICTUM PEREMPTORIUM dabatur, quod disceptationem perimeret, i. e. ultrà tergiversari non pateretur, which admitted of no farther delay); and if any one neglected it, he was called contumacious, and lost his cause. Sometimes a summons of this kind was given all at once, and was called UNUM PRO OMNIBUS, or UNUM PRO TRIBUS. We read of the senators being summoned to Rome from all Italy by an edict of the prætor, Liv. xliii. 11.

Certain decrees of the prætor were called INTERDICTA; as about acquiring, retaining, or recovering the possession of a thing, Cic. Cacin. 3. 14. 31. Orat. i. 10., to which Cicero alludes: Urbanitatis possessionem quibusvis INTERDICTIS defendamus, Fam. vii. 32.; also about restoring, exhibiting, or prohibiting a thing; whence Horace, Sat. ii. 3. 217. INTERDICTO huic (sc. insano) omne adimat jus prætor, i. e. bonis interdicat, the prætor by an interdict would take from him the management of his fortune, and appoint him a curator, Id. Epist. i. 1. 102., according to a law of the Twelve Tables, (qua furiosis et malè rem gerentibus bonis INTERDICI jubebat), Cic. de Senec. 7.

3. THE INSIGNIA OF THE PRÆTOR.

THE prætor was attended by two lictors in the city, who went before him with the fasces, Plaut. Epid. i. 1. 26., and by six lictors without the city. He wore the toga prætexta, which he assumed, as the consuls did, on the first day of his office, after having offered up vows (votis nuncupatis) in the Capitol.

When the prætor heard causes, he sat in the Forum or Comitium, on a TRIBUNAL (in, or oftener pro tribunali), which was a kind of stage or scaffold, (suggestum v. -us), in which was placed the Sella Curulis of the prætor, Cic. Verr. ii. 38. Mart. xi. 99. al. 98., and a sword and a spear (GLADIUS et HASTA) were set upright before him. The Tribunal was made of wood, and movable, Cic. in Vat. 14. Suet. Cæs. 84., so large as to contain the ASSESSORES, or counsel, of the prætor, Cic. de Orat. i. 37., and others, Brut. 84., in the form of a square, as appears from ancient coins. But when spacious halls

BASILICE SUBSELLIA ATTENDANTS OF THE PRÆTOR. 113

were erected round the Forum, for the administration of justice, called BASILICA, or Regiæ sc. ædes vel porticus, Suet. Aug. 31. Calig. 37. Stat. Silv. i. 1. 29. (Basınınal Groal) Zosim. v. 2. Joseph. A. xvii. 11., from their largeness and magnificence, the Tribunal in them seems to have been of stone, and in the form of a semicircle, Vitruv. v. 1., the two ends of which were called Cornua, Tacit. Annal. i. 75., or Partes Primores, Suet. Tib. 33. The first Basilica at Rome appears to have been built by M. Porcius Cato, the censor, A. U. 566, hence called Porcia, Liv. xxxix. 44.

The JUDICES, or jury appointed by the Prætor, sat on lower seats, called SUBSELLIA, Cic. Rosc. Am. 11., as also did the advocates, Id. de Orat. i. 62., the witnesses, Id. Flacc. 10., and hearers, Brut. 84. Suet. Aug. 56. Whence Subsellia is put for the act of judging, Suet. Ner. 17., or of pleading, Cic. de Orat. i. 8. ii. 33.; thus, Versatus in utrisque subselliis, cum summa fama et fide; i. e. judicem et patronum egit, Cic. Fam. xiii. 10. A subselliis Allienus, &c. i. e. causidicus, a pleader, in Cæcil. 15. For such were said habitare in subselliis, Orat. i. 62. A subselliis in otium se conferre, to retire from pleading, Id. Orat. ii. 33.

The inferior magistrates, when they sat in judgment (judicia exercebent), did not use a Tribunal, but only subsellia; as the tribunes, plebeian ædiles, and quæstors, &c. Ascon. in Cic. Suet. Claud. 23.

The benches on which the senators sat in the senate-house were likewise called subsellia, Cic. in Cat. i. 7. Hence Longi subsellii judicatio, the slowness of the senate in decreeing, Cic. Fam. iii. 9. And so also the seats in the theatres, circus, &c.; thus, senatoria subsellia, Cic. pro Corn. 1. Bis septena subsellia, the seats of the Equites, Mart. v. 28.

In matters of less importance, the prætor judged and passed sentence without form, at any time or in any place, whether sitting or walking; and then he was said COGNOSCERE, interloqui, discutere, E vel DE PLANO; or, as Cicero expresses it, ex æquo loco, Fam. iii. 8. Cæcin. 17. de Orat. 6. non pro, vel e tribunali, aut ex superiore loco; which expressions are opposed: so Suet. Tib. 33. But about all important affairs he judged in form on his tribunal; whence atque hæc agebantur in conventu palam, de sellá ac de loco superiore, Cic. Verr. iv. 40.

The usual attendants (MINISTRI vel apparitores) of the prætor, besides the lictors, were the SCRIBE, who recorded his proceedings (qui acta in tabulas referrent), Cic. Verr. iii. 78, 79., and the ACCENSI, who summoned persons, and proclaimed aloud when it was the third hour, or nine o'clock before noon; when it was mid-day, and when it was the ninth hour, or three o'clock afternoon, Varr. de Ling. Lat. v. 9.*

4. THE NUMBER OF PRÆTORS AT DIFFERENT TIMES.

WHILE the Roman Empire was limited to Italy, there were only two prætors. When Sicily and Sardinia were reduced to the form of a province, A. U. 526, two other prætors were added to govern them, Liv. Epit. 20., and two more when Hither and Farther Spain were

* See below, under the head of Public Servants of the Magistrates.

I

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NUMBER OF PRÆTORS AT DIFFERENT TIMES.

subdued, Id. xxxii. 27, 28. In the year 571, only four prætors were created by the Babian law, which ordained, that six prætors and four should be created alternately, Liv. xl. 44.; but this regulation seems not to have been long observed.

Of these six prætors two only remained in the city; the other four, immediately after having entered on their office, set out for their provinces. The prætors determined their province, as the consuls, by casting lots, or by agreement, Liv. passim.

Sometimes one prætor administered justice both between citizens and foreigners, Liv. xxv. 3. xxvii. 38. xxxi. 1. xxxv. 41., and in dangerous conjunctures, none of the prætors were exempted from military service, Id. xxiii. 32.

The prætor Urbanus and Peregrinus administered justice only in private or lesser causes; but in public and important causes, the people either judged themselves, or appointed persons, one or more, to preside at the trial, (qui quæstioni præessent, Cic. pro Cluent. 29., quærerent, quæstiones publicas vel judicia exercerent, Liv. iv. 51. xxxviii. 55. Sallust. Jug. 40.) who were called QUÆSITORES, or Quastores parricidii, whose authority lasted only till the trial was over. Sometimes a dictator was created for holding trials, Liv. ix. 26. But A. U. 604, it was determined, that the Prætor Urbanus and Peregrinus should continue to exercise their usual jurisdictions; and that the four other prætors should during their magistracy also remain in the city, and preside at public trials; one at trials concerning extortion (de repetundis); another, concerning bribery (de ambitu); a third, concerning crimes committed against the state (de majestate) and a fourth, about defrauding the public treasury (de peculatu). These were called QUÆSTIONES PERPETUÆ, Cic. Brut. 26., because they were annually assigned (mandabantur) to particular prætors, who always conducted them for the whole year (qui perpetuò exercerent), according to a certain form prescribed by law; so that there was no need, as formerly, of making a new law, or of appointing extraordinary inquisitors to preside at them, who should resign their authority when the trial was ended. But still, when any thing unusual or atrocious happened, the people or senate judged about the matter themselves, or appointed inquisitors to preside at the trial; and then they were said extra ordinem quærere: as in the case of Clodius, for violating the sacred rites of the Bona Dea, or Good Goddess, Cic. Att. i. 13, 14. 16., and of Milo, for the murder of Clodius, Cic. pro Mil. &c.

L. Sulla increased the number of the quæstiones perpetuæ, by adding those de FALSO, vel de crimine falsi, concerning forgers of wills or other writs, coiners or makers of base money, &c.; de SICARIIS et VENEFICIS, about such as killed a person with weapons or poison; et de PARRICIDIS, on which account he created two additional prætors, A. U. 672; some say four. Julius Cæsar increased the number of prætors, first to ten, A. U. 707, Dio. xlii. 51., then to fourteen, Id. xliii. 47., afterwards to sixteen, Ib. 49. Tacit. Hist. iii. 37. Under

"Tac. Ann. i. 72. Legem majestatis reduxerat (Tiberius), cui nomen apud veteres idem, sed alia in judicium veniebant; si quis proditione exercitum, aut plebem seditionibus, denique male gestâ republicâ majestatem populi Romani minuisset."- T.

the triumviri, there were 67 prætors in one year, Dio. xlviii. 43. 53. Augustus reduced the number to twelve, Dio says ten, xliii. 32.; but afterwards made them sixteen, Pompon. de Orig. Jur. ii. 28. According to Tacitus, there were no more than twelve at his death, Annal. i. 14. Under Tiberius, there were sometimes fifteen and sometimes sixteen, Dio. lviii. 20. Claudius added two prætors for the cognisance of trusts (qui de fidei commissis jus dicerent). The number then was eighteen; but afterwards it varied.

Upon the decline of the empire, the principal functions of the prætors were conferred on the præfectus prætorio, and other magistrates instituted by the emperors. The prætors of course sunk in their importance; under Valentinian their number was reduced to three ; and this magistracy having become an empty name (inane nomen), Boeth. de Consol. Philos. iii. 4., was at last entirely suppressed, as it is thought, under Justinian.

III. CENSORS.*

Two magistrates were first created [Papirius and Sempronius], A. U. 312, for taking an account of the number of the people, and the value of their fortunes (censui agendo); whence they were called CENSORES, Liv. et Fest. (CENSOR, ad cujus censionem, id est, arbitrium, censeretur populus, Varr. L. L. iv. 14.) As the consuls, being engaged in wars abroad or commotions at home, had not leisure for that business (non consulibus operæ erat, sc. pretium, i. e. iis non vacabat id negotium agere); the census had been intermitted for seventeen years, Liv. iii. 22. iv. 8.

The censors at first continued in office for five years, Ibid. But afterwards, lest they should abuse their authority, a law was passed by Mamercus Æmilius the dictator, ordaining, that they should be elected every five years; but that their power should continue only a year and a half (Ex quinquennali annua ac semestris censura facta est), Liv. iv. 24. ix. 33.

The censors had all the ensigns of the consuls, except the lictors. The censors were usually chosen from the most respectable persons of consular dignity; at first only from among the patricians, but afterwards likewise from the plebeians. The first plebeian censor was C. Marcius Rutilus, A. U. 404, who also had been the first plebeian dictator, Liv. vii. 22. Afterwards a law was made, that one of the censors should always be a plebeian. Sometimes both censors were plebeians, Liv. Epit. 59.; and sometimes those were created censors who had neither been consuls nor prætors, Liv. xxvii. 6. 11.; but not so after the second Punic war.

The last censors, namely, Paulus and Plancus, under Augustus, are said to have been private persons (PRIVATI), Dio. liv. 2.; not that they had never borne any public office before, but to distinguish them from the Emperor; all besides him being called by that name, Vell. ii. 99. Suet. Tacit. et Plin. passim.

The power of the censors at first was small; but afterwards it became very great. All the orders of the state were subject to them

"The most famous censorships are, that of Appius, Cic. Cato M. § 6. Hor, i. Sat. vi. 20., and that of Cato, Liv. xxxix. 40."—T.