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In the Roman era, the penitentiary was a magistracy created in -365, when the plebeians were able to access the consulate. They were called praetors. This charge was conferred originally only patricians, but as of -337, plebeians managed to access the precursor.

It was first unique, with only one praetor, then there were two from -244, four in -228, then eight under Sylla, ten or fourteen under Julius Caesar. With the empire, the number of praetors was increased from twelve to eighteen.

The praetor was an annual charge, the second of the great ordinary annual dignities, after that of consul. You had to be at least 35 years old and be elected by the comitia.

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