1. Roman law. A written document, prepared by a praetor and forwarded to a judex, identifying the issue to be tried and the judgment to be given by the judex. • It was based on model pleas formulated by the praetor in his edict and adapted by him or other magistrates in civil suits for the benefit of the judex who had to try the issue. These pleas were adapted to the circumstances of the case. The usual parts of a formula were (1) the demonstratio, in which the plaintiff stated the facts of the claim; (2) the intentio, in which the plaintiff specified the relief sought against the defendant; and (3) the condemnatio, in which the judex condemned (usu. to pay the plaintiff a sum) or acquitted the defendant. Pl. formulae (for-my[schwa]-lee).
— Also termed verba concepta (v[schwa]r-b[schwa] k[schwa]n-sep-t[schwa]).
“The Roman judges were not, as with us, the presiding officers in the administration of law and justice. This was the position of the magistrate, the praetor. When a suit at law was commenced, the parties appeared before the praetor, who made a preliminary examination, not to ascertain the merits of the case, but to find the precise points in controversy. He heard the statements of the plaintiff and the counter-statements of the defendant, and from the two he constructed a formula (as it was called), a brief technical expression of the disputed issues. He then appointed a judex… instructing him to investigate the matter, and if he found the facts to be so and so, as recited in the formula, then to condemn the accused party, but, if he did not find them so, to acquit him.” James Hadley, Introduction to Roman Law 59–60 (1881). [This quotation describes only the period of formulary procedure, ca. 150 B.C.–A.D. 300. — Ed.]
2. Common-law pleading. A set form of words (such as those appearing in writs) used in judicial proceedings.
