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ffefamption is of three forts, i c . Violent, which many
times is allow'd a full Proof j as if one be kill'd in an
Houfe, ami a Man is feen to come out of the Houfe with
bloody Sword, and no other Perfon was at that time in
the Houfe j this, tho' but a Frcfnmption, is a Proof.
ft c, Probable, which hath but a fmall effect,
■i . Levis, otlemeraria, which is of no prevalency at all.
In Cafes of a Charter or Feoffment, if all the Witneffes to the Deed be dead 5 the violent Frejitmption, that Stands for a Proof, gives continual and quiet PoflTeffion : Sfdhit p rC fumptio^CH5c probetur in contrarium. Coke on Lit.
Presumption was alfo antienrly ufed for Intrufion. See Intrusion.
PRESUMPTIVE Heir, the next Relation, or Heir at Law to a Perfon; who is to inherit from him ab inteftato, and who Wsprefumed 'will be Heir; nothing but a con- trary difpofition of the Te ft a tor being able to prevent him. See Heir.
PRETENCE, in Heraldry, fee Escutcheon of Pre- tence.
PRETENS'D, or Pret ended il/g/#, in Law, is where one is inpofTeffion of Lands and Tenements, which another who is out, claims and fues for. Here, thep?'etens , d Right is in him who fo claims or fues.
PRETER Natttfam, in Medicine, £j?c. feeNATURE.
PRETER, or Preterit, Prjeteritus, Faft, in Grammar, an Inflexion of Verbs, expreffing the Tenfe, or Timepafs'd. See Verb.
Freter, or Preterit, is a general Name that comprehends the Inflexions correfponding to the fever al Tenfe?, or feve- ral Circumttances and Relations of the Time patt j all which the Latins, 8i.c. diftinguifh'd by particular Inflexions, or Terminations of the Verb; which make the proper Notion of Tenfes. See Tense.
The modern Languages, particularly the Englifb, in lieu of different Terminations of the Verbs themfelves, have frequently recourfe to thofe of their Auxiliaries and Parti- ciples. See Participle.
The Freter, or paft Time, is fubdivided hy Gramma- rians into the Preter-imperfetl, as, e.gr. I had, 1 thought, in the Latin, habebam, cogitabam, in the French, J'avois, jepenfois: the (Prefer- perfeff; Ihavehad, 1 'have thought, habui, cogitavi, j'ai en, fai pern's : And Plujquam freter- perfeti, I had thought, I had had, habueram, cogitaveram, feus en, 'fens penfe.
The Englijh have properly but two Cafes or Kinds of the freter Tenfe; viz. the freter Time of the imperfect Action ■> as, I was at Supper then, but had not yet done it. And thvpreter Time of the perfect Action; as, Ihadthen flipped, and "it was then done.
The prefer Tenfe is ofteneft form'd of the prefent Tenfe by adding ed $ as I burned.
The French have a particular Cafe of the preterit-perfetl, which \.$liffi.er calls the Preterit Simple, in opposition to the former, cali'd the Preterit Compofite j others call it the Preterit Indefinite, becaufe expreffu.g a thing done inde- terminately, as fecrivis hier. This anfwers to the Aorifius of the Greeks; and in the distinction of this from the com- pound Preterit does one of the greateft Niceties in the Practice of the French Language confift. See Aoristus.
In the paflive Voice, the Latins, French, &c. have re- courfe to Participles, and Auxiliaries, like the Englijh, to form their prefer Tenks, X -was loved, antatus erara, fetois aimie, &c.
PRETERIT, Prjtoteritus, in the Roman Jurifpru- dence. hpreterit Child, Infant precteritus, is that of whom the Father lias forgot to make mention in his Teftament; which renders it entirely null. See Testament.
AFarher may make Inftitution, or Exheredation of his Son, hut never Pretention.
VRKYKR-Imperfetf, ~>
YRV.THR~<Perfecl, r'm Grammar, fee Freter.
YRVTER-FluperfetJ, 3
PRETERITION, or Pretermission, in Rhetoric, a Figure, whereby, in pretending to pafs over a thing un- touch'd, we make a fummary mention thereof.
I will not fay he is valiant, he is learned, he is jufl, &c.
The moft artful Praifes are thofe given by way of ^Pre- terit ion.
PRETEXT, (Pretence, a Colour, Motive, or Caufe, either real, or apparent. See Colour.
PRETEXTA, or Pr;etexta, among the Romans, was a long white Gown, or Toga, having a Band, or Border of Purple at bottom. See Toga.
It was wore by Children of Quality till the Age of Pu- berty,? ". e . by Boys till feventeen, at which time they laid it afide, and affumed the Virile Gown. Girls wore it till Marriage. See Virile.
It took its Name (Pretexta, according to Goodwin, quod ei purpura Prttexta erat, becaufe guarded about with purple Silk.
The <Pretexta at firft was a Robe of State, or Ceremony worcomy by the Chief Magnates, and the Priefts; nor was it lawful for fuch who wore this Go*n to be arraigned, or Sentence to pals againft 'eirij tilHt was pulfd off.
In continuance of time, it watf permitted to Noblemen's Children; and, at length, even to all Reman Children in general.
PRETIUM Sepulchri, in old Law-Books, (fe thofe Goods accruing to the Church, wherein a Corps is buried.
In the Irijb Canons, lib. 19. h is ordered, that alono with every Body that is buried, there go his Cow, Horfe) Ad- parel, and the Furniture of his Bed j none of which may be difpoied of otherwiie than for the payment of Debts, &c. as being Familiars and Domefticks of the Deceafed. See Heriot, Mortuary,^.
PRETOR, Frator, an eminent Magiftrate in antient Rome.
In the fir ft Ages of the Commonwealth, all the Magi- ftrates were ftilcd <P refers -, afterwards, the Tide was be- ftow'd on all the principal Officers of the Army : At laft, (Prefer became retrained to a particular Magiftrate.
About the Year of Rome 3SS, the People folliciting to have one of the Confuls always chofen from among the People j the Senators granted it, on condition that anew Magistracy ihould be erected, to be fill'd wholly from a- mong the Patricians : Such was the Origin of the Frcture Tratttra; which, Lhy obferves, was firtt difcharged by Spnrius Furcus; and whofe Office was to look to the admi- nistration of Jufticeand Equity between Man and Man 5 much in quality of a Lord Chief Juilice, or Lord Chancel- lor, or rather both in one.
But Eufioefs increasing in proportion as the Empire was enlarged, a fecond Fretor was created, to take cognizance of the Affairs of Foreigners refiding at Rome : upon which the former was diftinguifhed by the Title of PrtetorUrba- mis, or major 5 and the lattjr by that of Fretor Feregri- mts, or minor.
The Number, in after-times, was much incrcafed; un- der the Reign of Augustus there were twelve, and after- wardseighteen 5 two whereof were cali'd Fratores Cereales, as being charged with the providing of Corn and Grain 5 and two others Preetores Fidel CommiJJarii. In the Code, L.i. c t-^9- we find a Law of the Emperors Valentiniaii and Marcian, which reduces the Fretors to three.
The Office of the Fretor, or Pr<etor Urbanus, was to render Juftice in the City j he had a Power to interpret the Laws, to fupply, and reform 'em; and even to make new ones, when the public Good required it.
In the Inftimtes, the Edicts of the Fretors are cali'd Jus honorarium; whence it ihould feem, they had only the force of Laws out of refpect to that eminent Magitlrature j the Bufinefs of the Fretor being rather to look to the Ob- fervation of the old Laws, than to make new ones. See Civil Laiv.
Some are of Opinion he had not the Right of the Sword; the cognizance of Crimes being the fpecial Province of the FrefetJ of Rome. See Prefect.
But others are of another Sentiment. In the general, 'tis very difficult to fix precifely how far his Power extended. When he walk'd, he was preceded by fix Lictors; and was clothed with the Robe cali'd 'Trabea. See Lictor and Traeea.
His Authority, like that of the other Magistrates, was very much weaken'd and reduced under the Emperors. In the Digeft and Code, is a Title de Officio Protons.
Pre,tor was alfo a Title among the Romans fir the Governour of a Province, who had pafs'd the Office of Fretor.
Whence Provinces govcrn'd by Fretors, or reftrained to thofe who had difcharged that Office, were cali'd Pretorian Provinces. See Province.
YRiLTORlA'b! Guards, or Cohorts, were the Soldiers of the Emperor's Guard; fo cali'd, as fome imagine, from their Place or Station in the Palace or Court cali'd Preto- riltm. See Pretorium.
Their Inftitution is owing to Scifio Africanus, who firft, eftablifhed a Company of the braveft Men in his Army, pick'd out for the purpofe, to be his Guard; and who never flirr'd from his fide in Battel. See Guard.
Their Number wasat length increafed, as (Dion tells us, to ten thoufand. They were commanded by an Officer created by Augujius, cali'd FrefeBus Fnetorii. See Prefect.
PRETORIUM, among the Romans, the Place, Hall, or Court wherein the Preror liv'd, and wherein that Magi- ftrate fat, to adminifter Juftice to the People. See Pre-
T0R * There were of thefe Fretorutms in all the Cities of the
i£r>»M72 Empire. SeeCuRiA, Court,£S?c.
The Scripture mentions that oijerufalem \ and there are
flill fome remains of one at Nifmes in Languedoc.
10 M Pre-
