PRAE´DIUM
PRAE´DIUM etymologically seems to be derived from
the root
hed (
PRAEDA), through either
praes or
praeda: with the first it is connected by
Varro, who says that it originally signified any property which was made
security to the state by a
praes (
“praedia dicta, item ut praedes, a praestando, quod ea pignori
data publice mancupis fidem praestent,”
L. L. 5.40): by others it is brought into relation with
praeda:
“quod antiqui agros quos bello ceperant ut praedae nomine
habebant” (Gromat. Veter. ed. Lachmann, i. p. 369). Subsequently the
term was limited to signify land generally, being used in contrast with
fundus or
solum especially when the situation of the land, or the purpose
for which it was used, was in contemplation: thus
praedia
rustica are parcels of land devoted to tillage or pasture,
even though they may be partly built upon, while
praedia
urbana are those which are not used for the production of the
fruits of the earth, but for residence and commercial ends: though from
different points of view a piece of land might be considered at once both
urbanum and
rusticum (
Dig. 20,
2,
4,
1;
50,
16,
198). Rights over land which, though less in orbit than
dominium, are yet real in their nature (e. g. rights of way), were mostly
called
jura praediorum: see
SERVITUTES
Provincialia praedia were called either
stipendiaria or
tributaria, because
the land tax was termed
stipendium in those
provinces which were considered to belong to the populus, and
tributum in the provinces of the emperor (Gaius,
2.21: cf.
Dig. 50,
16,
27,
1). This
distinction, however, was merely nominal even in Gaius'
[p. 2.476]time, and ceased entirely about the end of the second century.
[
J.B.M]
