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PROVINCE

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Originally appearing in Volume V22, Page 245 of the 1911 Encyclopedia Britannica.
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PROVINCE .) (J. G. FR.; X.) A full See also:

account of the praetorship will be found in See also:Mommsen, Remisches Staatsrecht (1887), vol. ii. and P. See also:Willems, Le Droll public romain (1883) ; T. M. See also:Taylor's Constitutional and See also:Political See also:History of See also:Rome (1899) will also be found useful. There is a monograph by E. Labatut, Histoire de la preture (1868). number of judicial and provincial departments corresponded to the See also:annual number of praetors, propraetors and proconsuls. The proportion, however, was not See also:long maintained: new See also:pro-vi aces were added to the See also:empireSee also:Bithynia in 74, See also:Cyrene about the same See also:time, See also:Crete in 67, See also:Syria in 64—and one or more new See also:law courts were instituted. To keep See also:pace with the increase of duties See also:Julius See also:Caesar increased the number of praetors successively to ten, fourteen and sixteen; after his time the number varied from eight to eighteen. The praetors were elected, like the consuls, by the See also:people assembled in the See also:comitia centuriata and with the same formalities.' They regularly held See also:office for a See also:year; only in the transition See also:period between the See also:republic and the empire was their See also:tenure of office sometimes limited to a few months?

The insignia of the See also:

praetor were those See also:common to the higher See also:Roman magistrates—the See also:purple-edged robe (toga praetexta) and the See also:ivory See also:chair (See also:sella curulis); in Rome he was attended by two See also:lictors, in the provinces by six. The praetors elect See also:cast lots to determine the See also:department which each of them should ad-See also:minister. A praetor was essentially a See also:civil See also:judge, and as such he was accustomed at or before his entry on office to publish an See also:edict setting forth the rules of law and See also:procedure by which he intended to be guided in his decisions. As these rules were often accepted by his successors, the praetor thus acquired an almost legislatorial See also:power, and his edicts, thus continued, corrected and amplified from year to year, became, under the See also:title of the " perpetual " edicts, one of the most important factors in moulding Roman law. Their tendency was to smooth away the occasional harshness and anomalies of the civil law by substituting rules of See also:equity for the See also:letter of the law, and in this respect the Roman praetor has been compared to the See also:English See also:chancellor. His functions were considerably modified by the introduction of the See also:standing See also:jury courts (quaestiones perpetuae). Hitherto the praetor had conducted the preliminary inquiry as to whether an See also:action would See also:lie, and had appointed for the actual trial of the See also:case a See also:deputy, whom he instructed in the law applicable to the case and whose decisions he enforced. The proceedings before the praetor were technically known as See also:jus in distinction from judicium, which was the actual trial before the deputy judge. But in the standing jury courts (of which the first—that for repetundae—was instituted in 149), or rather in the most important of them, the praetors themselves presided and tried the cases. These new courts, though formally civil, were substantially criminal courts; and thus a criminal See also:jurisdiction was added to the See also:original civil jurisdiction of the praetors. Under the empire various See also:special functions were assigned to certain praetors, such as the two See also:treasury praetors (praetores See also:aerarii),' appointed by See also:Augustus in 23; the See also:spear praetor (praetor hastarius), who presided over the See also:court of the See also:Hundred Men, which dealt especially with cases of See also:inheritance; the two See also:trust praetors (praetores ffdeicommissarii), appointed by See also:Claudius to look after cases of trust estates, but reduced by See also:Titus to one; the See also:ward praetor (praetor tutelaris), appointed by See also:Marcus Aurelius to See also:deal with the affairs of minors; and the liberation praetor (praetor de liberalibus causis), who tried cases turning on the liberation of slaves.' There is no See also:evidence that the praetors continued to preside over the standing courts after the beginning of the 3rd See also:century A.D., and the See also:foreign praetorship disappears about this time.' Even the jurisdiction of the See also:city praetor seems not to have survived the reforms of See also:Diocletian, though the office itself continued to exist. But of the praetorships with special jurisdiction (especially the ward praetorship and the liberation [Until the time of Tiberius, when their See also:election was transferred to the See also:Senate.] [The See also:age for the office was See also:forty under the republic, See also:thirty under the empire.] [They took the See also:place of the quaestors; this arrangement continued till the time of Claudius.] [The fiscal praetor (praetor fiscalis) was appointed by See also:Nerva to hear claims preferred against the imperial fiscus.] 5 See also:Marquardt conjectures with much See also:probability that when See also:Caracalla extended the Roman See also:franchise to the whole empire he at the same time abolished the foreign praetorship.

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PROVINCE (Lat. provincia; perhaps a contraction of ...