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

EDICTUM. EDICTUM. 445
selling of slaves is mentioned by Cicero (de Of. iii. natural equity (Jus Naturale or Gentium). Under
17); the Edictiones Aedilitiae are alluded to by the emperors, also, it may be presumed, that the
Plautus (Capt. iv. 2, v. 43); and an edict of the opinions of legal writers would act on public
praetor Peregrinus is mentioned in the Lex (Galliae opinion, and on those who had the jus edicendi.
Cisalpinae, which probably belongs to the begin- Hence, a large part of the edictal rules were
ning of the eighth century of the city. The Lex founded on the so-called jus gentiurnm; and the neCornelia, B. C. 67, provided against abuses of the cessity of some modifications of the strict rules of
edictal power, by declaring that the praetors should the civil law, and of additional rules of law, would
decide in particular cases, conformably to their become the more apparent with the extension of
perpetual edict. The edicts made in the provinces the Roman power and their intercourse with other
are often mentioned by Cicero. They were founded nations. But the method in which the praetor
on the edictum urbanum, though they likewise introduced new rules of law was altogether concomprehended rules applicable only to the ad- formable to the spirit of Roman institutions. The
ministration of justice in the provinces, and so. far process was slow and gradual; it was not effected
they were properly edictum provinciale. Thus by the destruction of that which existed, but by
Cicero (ad Att. vi. 1) says, that he promulgated in adapting it to circumstances. Accordingly, when
his province two 6dicta; one provinciale, which, a right existed, or was recognised, the praetor
amnong other matters, contained every thing that would give an action, if there was none; he would
related to the publicani, and another, to which he interfere by way of protecting possession, but he
gives no name, relating to matters of whichi he could not make possession into ownership, and,
says, " ex edicto et postulari et fieri solent." As accordingly, that was effected by the law [UsJto all the rest, he made no edict, but declared that cAPIo]: he aided plaintiffs by fictions, as, for inhe would frame all his decrees (decreta) upon the stance, in the Publiciana actio, where the fiction
edicta urbana. It appears, then, that in the time was, that the possessor had obtained the ownership
of Cicero the edicta already formed a large body by usucapion, and so was quasi ex jure Quiritinm
of law, which is confirmed by the fact, that, in dominus (Gaius, iv. 36); and he also aided parties
his time, an attempt had been already made to by exceptiones, and in integrum restitutio. [Jus.]
lreduce it into order, and to comment on it. Ser- The old forms of procedure were few in number,
vius Sulpicius, the great jurist and orator, the and they were often inconvenient and failed to do
friend and contemporary of Cicero, addressed to justice. Accordingly, the praetor extended the
Brutus two very short books on the Edict, which remedies by action,. as already intimated in the
was followed by the work of Ofilius (Pomponius, case of the Publiciana actio. This change proDig. 1. tit. 2. s. 2); though we do not know bably commenced after many of the legis actiones
whether the work of Ofilius was an attempt to were abolished by the Aebutia lex, and the necescollect and arrange the various edicta, like the sub- sity of new forms of actions arose. These were insequent compilation of Julian, or a commentary troduced by the praetors, and it is hardly a matter
like those of many subsequent jurists (Ofilius of doubt that in establishing the formulae they
edictum praetoris primus diligenter composuit). followed the analogy of the legis actiones. It is
The object of the Edict, according to the the conclusion of an ingenious writer (Rhein. Mius.
Roman jurists, was the following (Papinianus, fiir Juris. i. p. 51, Die Oeconomie des EEdictes,
Dig. 1. tit. 1. s. 7): -" Adjuvandi vel supplendi von Heffter), " that the edict of the praetor urbanus
vel corrigendi juris civilis gratia propter utilitatem was in the main part relating to actions arranged
publicam:" the Edict is also described as " viva after the model of the old legis actiones, and that
vox juris civilis." It was, in effect, an indirect the system is apparent in the Code of Justinian,
method of legislating, and it was the means by and still more in the Digest."
which numerous rules of law became established. Under the emperors, there were many commenIt was found to be a more effectual, because an tators on the Edict. Thus we find that Labeo
easier and more practical way of gradually en- wrote four books on the Edict, and a work of his
larging and altering the existing law, and keeping in thirty books, Ad Edictum Praetoris Peregrini,
the whvole system in harmony, than the method of is cited by Ulpian. (Dig. 4. tit. 3 s. 9.) Salvius
direct legislation; and it is undeniable that the Julianus, a distinguished jurist, who lived in the
most valuable part of the Roman law is derived time of Hadrian, and filled the office of praetor,
from the edicts. If a praetor established any rule made a compilation of Edictal law by order of the
which was found to be inconvenient or injurious, emperor; the work was arranged in titles, acit fell into disuse, if not adopted by his successor. cording to subjects (Bbcking, Instit. i. 30. n. 11).
The publicity of the Edict must also have been a It was called Edictum Perpetuum; and it seems,
great security against any arbitrary changes, for a that from the date of this treatise, the name Permagistratus would hardly venture to promulgate a petnum was more particularly applied to this
rule to which opinion had not by anticipation al- edictum than to that which was originally and proready given its sanction. Many of the rules pro- perly called the Edictum Perpetuum. Julian apmulgated by the Edict were merely in conformity pears to have collected and arranged the old edicts,
to existing custom, more particularly in cases of and he probably both omitted what had fallen into
contracts, and thus the edict would have the effect disuse, and abridged many parts, thus giving to
of converting custom into law. This is what Cicero the whole a systematic character. The work of
seems to mean (de Invent. ii. 22), when he says Julian must have had great influence on the study
that the Edict depends in a great degree on custom. of the law, and on subsequent juristical writings.
As to the matter of the Edict, it must be sup- It does not seem probable, that the edicts of the
posed that the defects of the existing law must two Roman praetors, together with the Edictumrn
generally have been acknowledged and felt before Provinciale, and the edicts of the curule aediles,
any magistratus ventured to supply them; and in were blended into one in this compilation. If the
doing this, he must have conformed to the so-called work of Julian comprehended all these edicts,