英文法律词典 P-88

PRAEDIUM RUSTICUM, civil law. By this is understood all heritages whicb are not destined¹ for the use of man's habitation; such, for example, as lands, meadows, orchards², gardens, woods, even though they should be within the boundaries of a city.

PRAEDIUM SERVIENS, Civil law. The name of an estate which suffers or yields a service to another estate.

PRAEDIUM URBANUM, civil law. By this term is understood buildings and edifices³ intended for the habitation and use of man, whether they be built in cities or whether they be constructed in the country.

PRAEFECTUS VIGILUM, Roman civ. law. The chief officer of the night watch. His jurisdiction⁴ extended to certain offences affecting the public peace; and even to larcenies⁵. But he could inflict⁶ only slight punishments.

PRAEMUNIRE. In older to prevent the pope from assuming the supremacy⁷ in granting ecclesiastical livings, a number of statutes⁸ were made in England during the reigns⁹ of Edward I., and his successors, punishing certain acts of submission¹⁰ to the papal authority, therein mentioned. In the writ¹¹ for the execution of these statutes, the words praemunire facias, being used, to command a citation¹² of the party, gave not only to the writ, but to the offence itself, of maintaining the papal power, the name of praemunire. Co. Lit. 129; Jacob's L. D. h. t.

PRAETOR, Roman civil law. A municipal officer of Rome, so called because, (praeiret populo,) he went before or took precedence of the people. The consuls¹³ were at first called praetors. Liv. Hist. III. 55. He was a sort of minister of justice, invested with certain legislative¹⁴ powers, especially in regard to the forms or formalities of legal proceedings¹⁵. Ordinarily, be aid not decide causes as a judge, but prepared the grounds of decision for the judge and sent to, him the questions to be decided¹⁶ between the parties. The judge was always chosen by the parties, either directly, or by rejecting, under certain rules and limitations, the persons proposes to them by the praetor. Hence the saying of Cicero, (pro Cluentis, 43,) that no one could be judged except by a judge of his own choice. There were several kinds of officers called proctors. See Vicat, Vocab.

2. Before entering on his functions he published an edict announcing the system adopted by him for the application and interpretation¹⁷ of the laws during his magistracy. His authority extended over all jurisdictions¹⁸, and was summarily expressed by the word do, dico, addico, i, e. do I give the action, dico I declare the law, I promulgate¹⁹ the edict, addico I invest the judge with the right of judging. There were certain cases which he was bound to decide himself, assisted by a council chosen by himself perhaps the Decemvirs. But the greater part of causes brought before him, be sent either to a judge, an arbitrator, or to recuperators, (recuperatores,) or to the centumvirs, as before stated. Under the empire the powers of the praetor passed by degrees to the praefect of the praetorium, or the praefect of the city; so that this magistrate²⁰, who at first ranked with the consuls, at last dwindled²¹ into a director or manager of the public spectacles or games.

3. Till lately, there were officers in certain cities of Germany denominated praetors Vide 1 Kent, Com. 528.