Also known as:do · dico · addico · do dico addico · Roman praetor formula · magistrate's do dico addico
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase consisting of three formal words spoken by the Roman praetor to exercise jurisdiction on lawful days. Do refers to the granting of actions, exceptions, and the appointment of judges. Dico refers to the pronouncement of judgments. Addico refers to the adjudication of controverted property.
Sources & Authorities· 26 primary sources
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Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Praetor Grants Action
Praetor Marcus Licinius hears litigant Titus petition for an action on a contract. Marcus utters the word do and thereby grants the requested action and appoints a judge to hear the case. The parties proceed on the appointed day.
Praetor Pronounces Judgment
After hearing evidence in a boundary dispute, Praetor Quintus Fabius speaks the word dico and delivers judgment for the plaintiff. The defeated party accepts the pronouncement without further contest. The decision ends the proceeding.
Praetor Adjudicates Property
Two heirs dispute ownership of a farm before Praetor Lucius Cornelius. He speaks the word addico and awards the land to the claimant with the stronger title. Title passes immediately under the adjudication.
Claimant Aulus requests appointment of a private judge to resolve a debt claim. Praetor Publius Decius utters do and names a respected eques as judge. The appointment allows the action to move forward on a lawful day.
Praetor Refuses on Nefasti
A merchant seeks to commence an action on a market day. Praetor Gaius Julius declines to speak do, dico, or addico because the day is nefastus. The merchant must wait for the next dies fastus.
Praetor Grants Exception
Defendant Sextus pleads a valid exception to the plaintiff's claim. Praetor Tiberius Claudius speaks do and allows the exception, staying the main action. The procedural grant narrows the issues for trial.
Common questions
Frequently Asked
3
What do the three words in the phrase separately signify?+
Do refers to the granting of actions, exceptions, and the appointment of judges. Dico refers to the pronouncement of judgments. Addico refers to the adjudication of controverted property.
Supporting sources
On which days could the praetor officially speak these words?+
The praetor could speak these words on certain days such as dies fasti. They could not be officially spoken on dies nefasti.
Supporting sources
Who spoke the words do, dico, addico in Roman procedure?+
These formal words were spoken by the Roman praetor in the exercise of his jurisdiction.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…States or its citizens; in the other his duty is to the President. In the former capacity he is compellable by mandamus to do his duty; in the latter he is not. This distinction is pointed out by two acts of Congress upon this subject. The first act, passed 27 July 1789, established an executive department…