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Even when, on the institution of the praetorship, the idea rose of apportioning special functions to the -magistratus maiores-, this division of powers had more of a practical than of a strictly legal force; the -praetor urbanus- was primarily indeed the supreme judge, but he could also convoke the centuries, at least for certain cases, and could command an army; the consul in the city held primarily the supreme administration and the supreme command, but he too acted as a judge in cases of emancipation and adoption the functional indivisibility of the supreme magistracy was therefore, even in these instances, very strictly adhered to on both sides.
Feeling sure that no one could see her, she stretched herself in all her limbs and then stepped up to the gap in the shrubbery in order to see who a man in boots might be who was pacing up and down in the broad path beyond. It was the praetor and yet it was not! Verus, under this aspect at any rate, she had never seen till now.
He is well known by repute, and the subject of many a sharp jest; for this is Pandion, formerly a stableboy, and now one of "Caesar's friends," a praetor, and one of the great men of the empire. But he knows his business; and what does Caracalla care for tradition or descent, for the murmurs and discontent of high or low?
He became aedile in the same year, in 67 B.C. praetor, and in 64 B. C. was elected consul by a large majority. The most important event of the year of his consulship was the conspiracy of Catiline.
One day the consul passed the open court of justice when the praetor was giving judgment from the curule chair. Decius remained seated, either in feigned oblivion or in ostentatious disregard of the presence of his superior.
This obtained him the office of leader and founder of two colonies which were sent into the cities of Narnia and Cossa; which filled him with loftier hopes, and made him aspire to step over those previous honors which it was usual first to pass through, the offices of tribune of the people, praetor and aedile, and to level his aim immediately at the consulship.
In the time of Augustus there were four thousand judices, who were merely private citizens, generally senators or men of consideration. The judex was invested by the magistrate with a judicial commission for a single case only. After being sworn to duty, he received from the praetor a formula containing a summary of all the points under litigation, from which he was not allowed to depart.
Although even now a great portion of them carried nothing but pointed clubs, the new and stronger division of the militia two legions under the praetor Publius Varinius which advanced from Rome into Campania, found them encamped almost like a regular army in the plain. Varinius had a difficult position.
Maximus, on receiving intelligence that Hannibal had set out from Arpi, and was returning to Campania, went back to his army, pursuing his journey without intermission by night or by day. He also ordered Tiberius Gracchus to bring up his troops from Luceria to Beneventum, and Quintus Fabius the praetor, the son of the consul, to go to Luceria in the room of Gracchus.
Its size caused him to ask by whom it was slain; and on being informed that the hunter was a shepherd and slave, he sent for him. The slave, not doubting that he should be rewarded for his bravery, hastened to present himself before the Praetor, who asked him what he killed the animal with. "With a spear," was the answer; whereupon the Praetor ordered that he should be immediately crucified.
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