Praetor

In Roman law. A municipal officer of Rome, so called because {praeiret populo) he went before or took precedence of the people. The consuls were at first called praetors. Liv. Hist. iii. 55. He was a sort of minister of justice, invested with certain legislative powers, especially in regard to the forms or formalities of legal proceedings. Ordinarily, he did not decide causes as a judge, but prepared the grounds of decision for the judge, and sent to him the questions to be decided between the parties. The judge was always chosen by the parties, either directly, or by rejecting, under certain rules and limitations, the persons proposed 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 praetors. See Vicat. Before entering on his functions, he published an edict announcing the system adopted by him for the application and interpretation of the laws during his magistracy. His authority extended over all jurisdictions, and was summarily expressed by the words do, dico, addico, i. e., do, I give the action; dico, I declare the law, I promulgate 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 he 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 prefect of the praetorium, or the prefect of the city, so that this magistrate, who at first ranked with the consuls, at last dwindled in- Till lately, there were officers in, certain cities of Germany denominated praetors. See 1 Kent, Comm. 528. PRAETOR FIDEI COMMISSARIUS (Lat.)

In the civil law. A special praetor created to pronounce judgment in cases of trusts or fdei commissa. Inst. 2. 23. 1; 2 Story, Eq. Jur. § 966. Called, by Lord Bacon, a "particular chancellor for uses." Bac. Law Tr. 315; 4 Kent, Comm. 290. PRAEVARICATOR (Lat.)

In the civil law. One who betrays his trust, or is unfaithful to his trust. An advocate who aids the opposite party by betraying his client's cause. Dig. 47. 15. 1. Used in Spanish law. Las Partidas, pt. 3, tit. 6, lib. 15.

In Roman Law. A municipal officer of Rome, so called because ( prcciret populo) he went before or took precedence of the people. The consuls were at first called preetors. Liv. Hist. ill. 55. The word praetor means literally a general and is a title of honor accorded to the counsels in the first centuries of the republic. The praetor was really a third consul who was specially intrusted, not with the military command, but with the administration of justice. This is the reason why, in point of rank (and in the number of his lictors), he was inferior to the consul, though, on principle, his power was consular; Sohm, Inst. Rom. L. 48, n. 1. He was a sort of minister of justice, invested with certain legislative powers, especially in regard to the forms or formalities of legal proceedings. Ordinarily, he did not decide causes as a judge, but prepared the grounds of decision for the judge, and sent to him the questions to be docided between the parties. The judge was always chosen by the parties, either directly, or by rejecting, under certain rules and limitations, the persons proposed to them by the praetor. Hence Iho saying of Cicero ( pro Cluentio 43) that no one could be judged except by a judge of his own choice. There were several kinds of officers called preetors. See Vicat, Voc. Before entering on his functions, he published an edict announcing the system adopted by him for the application and interpretation of the laws during his magistracy. The edict issued by the praetor on his taking office was called the edictum perpetuum. It was said that these edicts were of great authority. They were called the jus hon- O) ai mm because those who bear honors in the state, that is the magistrate, have given it their sanction; Inst. 1. 2. 7; Howe, Stud. Civ. L. 10; the fact that the circumstances and habits of thought, untrammelled as they were under this system, led to the exercise by the pi’cetor of equitable functions and extension of the narrow limits of the old civil law, was a potent factor in the judge-made law which replaced the ancient technical and rigid system by one more flexible. The lex Cornelia (B. C. G7) forbade a praetor to depart during his term from the edict promulgated by him at Its beginning. The edicts of preceding preetors were collected and condensed by Salvius Julianus, who had filled the office during the time of Hadrian; this was a final cdictum perpetuum, and it was known distinctively by that title. It is doubtful whether after that annual edicts were issued: Sand. Inst. Just. 11; Sohm, Rom. L. § 14; Mack. Rom. L. $ 47. The authority of the praetor extended over all jurisdictions, and was summarily expressed by the words do, dico, addxco, i. e. do I give the action, dico I declare the law, I promulgate the edict, addxco 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 hjmself,— perhaps the decemvirs. But the greater part of causes brought before him he sent either to a Judge, an arbitrator, or to rccupcratorcs, or to the centumvlrs, as before stated. The praetor had prefect of the prcetorium or the prefect of the city; so that this magistrate, who at first ranked with the consuls, at last dwindled into a director or manager of the public spectacles or games. The prcetor urbanus was a special officer appointed to administer justice In the city; afterwards (about 242 b. c.) the increase of business made it necessary to appoint a second prcetor, who was called a prcetor peregrinus to whom were assigned all cases in which either or both of the parties were foreigners. Prastnrcs tutclares were special magistrates nominated in Romo and vested with the power of appointing tutors which right had previously been exercised by the praetor urbanus. A prcetor fidcico minis sarins was a magistrate specially appointed to have jurisdiction of fldetcommissa. The prcetor flscalis had special jurisdiction of cases affecting the public treasury.

I.

In the civil law. The chief judicial magistrate among the Romans; the governor of a province. Prsetor lidei-conimissarius: a special praetor created to pronounce judgment in cases of trusts or fldei-commissa.