Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

954 PRAEJIUDICIUM.I PRAES.
tit. 28. s. 1; Orelli, Inscript. n. 3116.) Th'e prae- - Sometimes Praejudicium means inconvenience,
fects of the city had every month to make a report damage, injury, which sense appears to arise from
to the emperor of the transactions of the senate the notion of a thing being prejudged, or decided
(Symmach..Epist. x. 44), where they gave their without being fairly heard; and this sense of the
vote before the consulares. They were the medium word seems to be very nearly the same in which
through which the emperors received the petitions it occurs in our law in the phrase " without preand presents from their capital. (Symmach. Epist. judice to other matters in the cause."
x. 26. 29, 35; Cod. 12. tit. 49.) At the election (Gaius, iii. 123, iv. 44; Dig. 25. tit. 3; Dig. 22.
of a pope the praefect of Rome had the care of all tit. 3. s. 8; Dig. 43. tit. 30. D)e liberis exhibendis:
the external regulations. (Symmach. Epist. x. Inst. 4. tit. 6. s. 13; and Theophilus, Paraphr. ad
7I-83.) [L, S,1 Inst. 4. tit. 6. s. 13.) [G. L.]
PRAE'FICAE. [FUNUS, p. 558, b.] PRAELU'SIO. [GLADIAToREs, p. 575, a.]
PRAEFU/RNIUM. [BALNEAE, p. 19a, 1h; PRAENO'IMEN. [NoMEN.]
FORNAX.] PRAEPETES. [Au(,aR, p. 175, b.]
PRAEJUDI'CIUM. This word, as appears PRAEPO'SITUS, which means a person
from its etymology, has a certain relation to Judi- placed over, was given as a title in the later times
cium, to which it is opposed by Cicero (Divinzat. 4):: of the Roman empire to many officers: of these
" de quo non praejudicium, sed plane jam judicilumi the most important was the Praeposiths Sacri Czfactum." The commentator, who goes under the lVicIi, or chief chamberlain in the emperor's palace.
name of Asconius, observes on this passage, that a (Cod. 12. tit. 5; Cod. Theod. 6. tit. 8I.) Under
praejudicium is something, which when established him was. the Primicerius, together with the Cubibecomes an exemplhm for the judices (judicatzuei) cularii and the corps of Silentiarii, commanded by
to follow; but this leaves us in doubt whether three decuriones, who preserved silence in the inhe means something established in the same cause, teriar of the palace. (Cod. 12. tit. 16; Waltel;
by way of preliminary inquiry, or somethilg estab- Gesclt. des Rims. Reclts, ~ 340, 2d ed.)
lislhed in a different, but a like cause, which would PRAEROGATI'VA. [CoMITIA, pp. 338, b,
be what we call a precedent. Quintilian (Inst. 339, b.]
Or'at. v. 1. 2) states that it is used both in the sense PRAES. If we might trust a definition by
of a precedent, in which case it is rather exemzplumni Ausonius (Idyll. xii. 9), he was called Vas who
than praejudiciins (res ex paribus causisjudicatae); gave security for another in a Causa Capitalis; and
and also in the sense of a preliminary inquiry and lie who gave security for another in a civil action
determination about something which belongs to was Praes. But this authority cannot be trusted,
the matter in dispute (judiciis ad ipsamf ecausam and the usage of thle words Vas and Praes was
1oertinenetibus), from whence also comes the name certainly not always conformable to this definition.
Praejudicium. This latter sense is in conformity According to Varro (Lizsq. Lat. vi. 74, ed. MUiller),
with the meaning of Praejudiciales Actiones or any person was Vas, who promised Vadimonium for
Praejudicia in which there is an Intentio only and another, that is, gave security for another in any
nothing else. (Gaius, iv. 44.) These accordingly legal proceeding. Festus (s. v. Tvadeie) says that
were called Praejudiciales Actiones which had for Vas is a Sponsor in a res capitalis. If Vas is genus,
their object the determination of some matter, of which Vas in its special souse, and Praes are:which was not accompanied by a condemnatio. species, these definitions will be consistent. (Comp.
" A praejudicium is an actio, which has not any Sallust. Jrgj. 35, 61; Horat. Sat. i. 1. 11, and
condemnatio as a consequence, but only a judicial Heindorf's note.) Under laiJza2ceps Festus re.
declaration as to the existence of a legal relation. imarks, that Manceps signifies him who buys or
The name of this kind of actions comes from the hires any public property (quli a populo ezit con.
circumstance that they serve as preliminary to- dzcitve), and that he is also called Praes because
other and future actions. All these Actiones are lie is bound to make good his contract (pqraestare
in reiin, that is, they avail not exclusively against a quod )proinisit), as well as he who is his Praes.:determinate person who owes a duty, like actions (See also Varro, 1 c.) According to this, Praes is
which are founded on Obligationes." (Savigny, a surety for one who buys of the state, and so called
ilsteiiz, &c. vol. i. p. 356.) For instance, the ques- because of his liability (praestare). But thle
tion might be, Whether a man is a father or not, or etymology at least is doubtful, and we are inclined
WVhether he has a Potestas over his child: these to think, false. The passage of Festus explains a
were the subject of Praejudiciales Actiones. If a passage in the Life of Atticus (C. Nep. 6), in which
father denied that the child who was born of his it is said that lie never bought anything at public
wife, or with which she was then prenanlt, was auction (ad lhastaml p2rblicam) and never was either
his child, this was the subject of a " Praejudiciumn Manceps or Praes. A case is mentioned by Gelcum patre de partu agnoscendo." If a Judex lius (vii. 19) in -which a person was committed to
should have declared that the child must be main- prison who could not obtain Praedes. The goods
tailled by the reputed father, there must still be of a Praes were called Praedia (Pseudo-Ascon. in
the Praejudicium to ascertain whether the reputed Vela. ii. 1. 54), and in Cicero (1. c.) and Livy (xxii.
father is the true father. If it was doubtful 60) " pledibus et praediis" come together. The
whether the mother was his wife, there must be phrase "praedibus cavere," to give security, occurs
a praejudicium on this matter before the praeju- in the Digest (10. tit. 3. s. 6), where some editions
dicium de partu agnoscendo. These praejudical have "Ipro aedibus cavere." (See the various readactions then, were, as it appears, actions respecting ings ed. Gebauer and Spangenberg.) The phrase
Status; and they were either Civiles or Praetoriae. " praedes vendere " means to sell, not the praedes
It was a Civilis Actio when the question was as properly so called, but the thiings which are given
to libertas; the rest seem to have been Praetoriae as a security.
Actiones. Quintilian makes a third class of Praeju- Praediatores are supposed by Brissonius to be the
diciae "cun de cadem causa prontintiatum est," &c. same ais Praedes (Cic. pro Balb. c. 20, ad Att. xii,