praetor(redirected from praetorial)
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PRAETOR, Roman civil 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, 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 decided 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 interpretation of the laws during his magistracy. His authority extended over all jurisdictions, and was summarily expressed by the word 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, 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 magistrate, who at first ranked with the consuls, at last dwindled 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.