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Updated: June 3, 2025
Caius Hostilius had the city jurisdiction, to which the foreign was added, in order that three praetors might go out to the provinces. Aulus Hostilius had Sardinia, Caius Mamilius, Sicily, Lucius Porcius, Gaul.
Marching with all haste north he enlisted 10,000 troops from among the inhabitants of the country, many of them having already served in the Roman army. He then marched north to Tenneto, where he was joined by the praetors Manlius and Attilius with over 20,000 men, with whom he marched to Piacenza.
They could take away from a knight his horse, and punish extravagance in living, or the improper dissolution of the marriage rite. They were held in the greatest reverence, and when they died were honored with magnificent funerals. Next in rank were the praetors, at first two in number, and ultimately sixteen. They exercised the judicial power, both in civil and criminal cases.
Meanwhile, the Syracusan ambassadors were sent by Appius Claudius to Marcellus on his coming into Sicily, and Marcellus having heard the conditions of peace, and being of opinion that matters might be brought to a settlement, himself also sent ambassadors to Syracuse to treat with the praetors in person on the renewal of the alliance.
They chose two consuls, twelve praetors, and a senate of five hundred, and gave the franchise to every community in arms on their side. They mustered an army of 100,000 men, and entrusted the command against Lupus in the north and west to Pompaedius Silo, with six lieutenants under him; the command against Caesar in the south and east was given to a noted Samnite, named Caius Papius Mutilus.
The appointment to those offices remained with the community, and was subject to no restriction as respected the consuls and perhaps also the tribunes of the people and plebeian aediles; we have already adverted to the fact, that the Imperator reserved a right of proposal binding on the electors as regards the half of the praetors, curule aediles, and quaestors to be annually nominated.
Their salaries are more than doubled since 1799. Besides mock Senators, mock praetors, mock quaestors, other 'nomina libertatis' are revived, so as to make the loss of the reality so much the more galling. We have also two curious commissions; one called "the Senatorial Commission of Personal Liberty," and the other "the Senatorial Commission of the Liberty of the Press."
Pompey and Crassus apprehended this; and fearing that the office of praetor in the person of Cato might be equal in authority to that of consul, they assembled the senate unexpectedly, without giving any notice to a great many of the senators, and made an order, that those who were chosen praetors, should immediately enter upon their office, without attending the usual time, in which, according to law, they might be accused, if they had corrupted the people with gifts.
It was resolved, however, that praetors should be elected before the nomination of deputies; which being done, some of the praetors themselves were sent as deputies to Marcellus, the chief of whom thus addressed him: "Neither in the first instance did we Syracusans revolt from you, but Hieronymus, whose impiety towards you was by no means so great as towards us; nor afterwards was it any Syracusan who disturbed the peace established by the death of the tyrant, but Hippocrates and Epicydes, creatures of the tyrant; while we were overpowered, on the one hand by fear, and on the other by treachery.
The prefect of the city, in the time of the emperors, was a great judicial personage, who heard appeals from the praetors themselves. In all cases brought before the courts, the burden of proof was with the party asserting an affirmative fact. Proof by writing was generally considered most certain, but proof by witnesses was also admitted.
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