DOI Page / Citation link:
https://doi.org/10.11588/diglit.13855#0316
PRAEFICAE.
308
PRAETOR.
him to exercise his power, he had distri-
buted througnout the city a number of
milites stationarii, whom we may compare
to a modern police. His jurisdiction, how-
ever, became gradually extended; and as
the powers of the ancient republican prae-
fectus nrbi had been swallowed up by the
office of the praetor urbanus, so now the
power of the praetor urbanus was gradually
absorbed by that of the praefectus urbi; and
at last there was no appeal from his sentence,
except to the person of the princeps himself,
while any body might appeal from the sen-
tence of any other city magistrate, and, at a
later period, even from that of a governor of a
province, to the tribunal of the praefectus urbi.
PRAEFICAE. [Funus.1
PRAEJUDICIUM is used both in the sense
of a precedent, in which case it is rather
cxcmplum than prarjitdicium (res ex paribus
causis judicatae) ; and also in the sense of a
preliminary inquiry and determination about
something which belongs to the matter in
dispute (Judiciis ad ipsartc causam pertinen-
tibus), from whence also comes the name
Praejudicium.
PRAELUSIO. [Gladtatores.]
PRAEXOMEX. [Nomen.]
PRAEROGATIVA TRIBUS. [Couitia,
p. 109.]
PRAES, is a surety for one who buys of
the state. The goods of a Praes were called
Praedia. The Praediatur was a person who
bought a praedium, that is, a thing given to
the state as a security by a praes.
PRAESCRIITIO, or rather TEMPORIS
PRAESCRIPTIO, signifies the Exceptio or
answer which a defendant has to the demand
of a plaintiff, founded on the circumstance of
the lapse of time. The word has properly no
reference to the plaintiff's loss of right, but to
the defendant's acquisition of a right by
which he excludes the plaintiff from prosecut-
ing his suit. This right of a defendant did
not exist in the old Roman law.
PRAESES. [Provixcia.]
PRAESUL. [Salii.]
PRAETEXTA. [Toga.]
PRAETOR (orpemjyos), was originally a
title which designated the consuls as the
leaders of the armies of the state. The
period and office of the command of the con-
suls might appropriately be called Praeto-
rium. Praetor was also a title of office among
the Latins. The first praetor specially so
called was appointed in b. c. 366, and he was
chosen only from the patricians, who had
this new office created as a kind of indemni-
fication to themselves for being compelled to
share the consulship with the plebeians. Xo
plebeian praetor was appointed till the year
e.c. 337. The praetor was called colloga
consulibus, and was elected with the same
auspices at the eomitia centuriata. The prae-
torship was originally a kind of third consul-
ship, and the chief functions of the praetor
(jus in urbe dicere, jura reddere) were a por-
tion of the functions of the consuls. The
praetor sometimes commanded the armies of
the state ; and while the consuls were absent
with the armies, he exercised their functions
within the city. He was a magistratus curu-
lis, and he had the imperium, and conse-
quently was one of the magistratus majores:
but he owed respect and obedience to the
consuls. His insignia of office were six lie-
tors ; but at a later period he had only two
lictors in Rome. The praetorship was at first
given to a consul of the preceding year.—In
b.c. 246 another praetor was appointed,
whose business was to administer justice in
matters in dispute between peregrini, or
peregrini and Roman citizens ; and accord-
ingly he was called praetor peregrinus. The
other praetor was then called praetor urba-
nus, qui jus inter cives dicit, and sometimes
simply praetor urbanus and praetor urbis.
The two praetors determined by lot which
functions they should respectively exercise.
If either of them was at the head of the army,
the other performed all the duties of both
within the city. Sometimes the military im-
perium of a praetor was prolonged for a
second year. "When the territories of the
state were extended beyond the limits of
Italy, new praetors were made. Thus, two
praetors were created b. c. 227, for the
administration of Sicily and Sardinia, and
two more were added when the two Spanish
provinces were formed, b. c. 197. When
there were six praetors, two stayed in the
city, and the other four went abroad. The
senate determined their provinces, which
were distributed among them by lot. After
the discharge of his judicial functions in the
city, a praetor often had the administration
of a province, with the title of propraetor.
Sulla increased the number of praetors to
eight, which Julius Caesar raised successively
to ten, twelve, fourteen, and sixteen. Au-
gustus, after several changes, fixed the num-
ber at twelve. Under Tiberius there were
sixteen. Two praetors were appointed by
Claudius for matters relating to fideicommissa,
when the business in this department of the
law had become considerable, but Titus re-
duced the number to one ; and Xerva added
a praetor for the decision of matters between
the fiscus and individuals. Thus there were
eventually eighteen praetors, who adminis-
tered justice in the state.—The praetor ur-
banus was specially named praetor, and he
308
PRAETOR.
him to exercise his power, he had distri-
buted througnout the city a number of
milites stationarii, whom we may compare
to a modern police. His jurisdiction, how-
ever, became gradually extended; and as
the powers of the ancient republican prae-
fectus nrbi had been swallowed up by the
office of the praetor urbanus, so now the
power of the praetor urbanus was gradually
absorbed by that of the praefectus urbi; and
at last there was no appeal from his sentence,
except to the person of the princeps himself,
while any body might appeal from the sen-
tence of any other city magistrate, and, at a
later period, even from that of a governor of a
province, to the tribunal of the praefectus urbi.
PRAEFICAE. [Funus.1
PRAEJUDICIUM is used both in the sense
of a precedent, in which case it is rather
cxcmplum than prarjitdicium (res ex paribus
causis judicatae) ; and also in the sense of a
preliminary inquiry and determination about
something which belongs to the matter in
dispute (Judiciis ad ipsartc causam pertinen-
tibus), from whence also comes the name
Praejudicium.
PRAELUSIO. [Gladtatores.]
PRAEXOMEX. [Nomen.]
PRAEROGATIVA TRIBUS. [Couitia,
p. 109.]
PRAES, is a surety for one who buys of
the state. The goods of a Praes were called
Praedia. The Praediatur was a person who
bought a praedium, that is, a thing given to
the state as a security by a praes.
PRAESCRIITIO, or rather TEMPORIS
PRAESCRIPTIO, signifies the Exceptio or
answer which a defendant has to the demand
of a plaintiff, founded on the circumstance of
the lapse of time. The word has properly no
reference to the plaintiff's loss of right, but to
the defendant's acquisition of a right by
which he excludes the plaintiff from prosecut-
ing his suit. This right of a defendant did
not exist in the old Roman law.
PRAESES. [Provixcia.]
PRAESUL. [Salii.]
PRAETEXTA. [Toga.]
PRAETOR (orpemjyos), was originally a
title which designated the consuls as the
leaders of the armies of the state. The
period and office of the command of the con-
suls might appropriately be called Praeto-
rium. Praetor was also a title of office among
the Latins. The first praetor specially so
called was appointed in b. c. 366, and he was
chosen only from the patricians, who had
this new office created as a kind of indemni-
fication to themselves for being compelled to
share the consulship with the plebeians. Xo
plebeian praetor was appointed till the year
e.c. 337. The praetor was called colloga
consulibus, and was elected with the same
auspices at the eomitia centuriata. The prae-
torship was originally a kind of third consul-
ship, and the chief functions of the praetor
(jus in urbe dicere, jura reddere) were a por-
tion of the functions of the consuls. The
praetor sometimes commanded the armies of
the state ; and while the consuls were absent
with the armies, he exercised their functions
within the city. He was a magistratus curu-
lis, and he had the imperium, and conse-
quently was one of the magistratus majores:
but he owed respect and obedience to the
consuls. His insignia of office were six lie-
tors ; but at a later period he had only two
lictors in Rome. The praetorship was at first
given to a consul of the preceding year.—In
b.c. 246 another praetor was appointed,
whose business was to administer justice in
matters in dispute between peregrini, or
peregrini and Roman citizens ; and accord-
ingly he was called praetor peregrinus. The
other praetor was then called praetor urba-
nus, qui jus inter cives dicit, and sometimes
simply praetor urbanus and praetor urbis.
The two praetors determined by lot which
functions they should respectively exercise.
If either of them was at the head of the army,
the other performed all the duties of both
within the city. Sometimes the military im-
perium of a praetor was prolonged for a
second year. "When the territories of the
state were extended beyond the limits of
Italy, new praetors were made. Thus, two
praetors were created b. c. 227, for the
administration of Sicily and Sardinia, and
two more were added when the two Spanish
provinces were formed, b. c. 197. When
there were six praetors, two stayed in the
city, and the other four went abroad. The
senate determined their provinces, which
were distributed among them by lot. After
the discharge of his judicial functions in the
city, a praetor often had the administration
of a province, with the title of propraetor.
Sulla increased the number of praetors to
eight, which Julius Caesar raised successively
to ten, twelve, fourteen, and sixteen. Au-
gustus, after several changes, fixed the num-
ber at twelve. Under Tiberius there were
sixteen. Two praetors were appointed by
Claudius for matters relating to fideicommissa,
when the business in this department of the
law had become considerable, but Titus re-
duced the number to one ; and Xerva added
a praetor for the decision of matters between
the fiscus and individuals. Thus there were
eventually eighteen praetors, who adminis-
tered justice in the state.—The praetor ur-
banus was specially named praetor, and he