Edictum
The Roman term for any written announcement made by a magistrate to the people. An
edictum was sometimes temporary only— as, e. g., the announcements
of the public assemblies or games; sometimes it contained permanent enactments—as,
for instance, the
edicta of the censors against luxury. The name was
especially applied to the proclamations issued by judicial functionaries on assuming office,
and stating the principles or rules which they intended to follow in the exercise of their
authority. The
edicta of the ædiles relative to the markets
belong to this class. One kind of
edictum was specially important in its
bearing upon Roman law, the
edictum of the praetor. In his
edictum the praetor laid down the rules which he would observe in arranging the
proceedings of the regular courts and of his voluntary jurisdiction, and in deciding cases
which did not appear to be covered by the written enactments of the Twelve Tables or later
legislation. These
edicta, written on wood, stone, or bronze, were in
early times published only as occasion required, but in later times the praetors regularly
promulgated them on entering upon their office. They prevented the fossilization of the law,
and allowed the enactments of the Twelve Tables to adapt themselves in natural development to
the changing circumstances of civic life and intercourse. It is true that the
edicta had no force beyond the praetor's year of office, but, as every new praetor
observed what was found in the
edicta of his predecessors, a permanent
nucleus of constantly repeated rules, called
edictum perpetuum
(“continuous edict”), was formed in course of time. This became, for the
later period, a recognized source of customary law, side by side with the
leges proper. At length, under Hadrian, the mass of
edicta was
reduced to system by Salvius Iulianus, and received the force of law at the imperial command.
This body of law included the accepted
edicta of the
praetor urbanus and the other praetors administering law in the provinces, of the
proconsuls, propraetors, and ædiles. It was called
edictum perpetuum,
ius praetorium, or
ius honorarium—the latter because its
authors had held public offices (
honores). On this collection the
Corpus Iuris of Justinian is in great part founded. The emperor and imperial
officials, as
praefectus urbi and
praefectus
praetorio, had also the right of issuing
edicta. See
Corpus Iuris.
