EDICT (Lat. edietuin, from olicerc, to pro claim. from out dir•r•, to say). A rnle of law promulgated by a superior magistrate. The power of making edicts (ius edicrin/i) belonged generally to the higher magistrates at Rome; but it was by the clunk :allies, and more ex ten;ively still by two prietors—the prwtor yr .I..unus and the prfftor peregrinus—that it was prominently exercised. As this power was co extensive with the possession of what were called the honors (honores). it was frequently spoken of as the ins honorarium: and from its being exercised chiefly by the praetors, it was also known as the ins prrrtorium. The edicts of the pnetors are mentioned by Gains among the sources of the Roman law: but, strictly speak they are to be considered as rules promul gated by the magistrates on entering upon their office, rather than as expressions of the will of the Roman people, either direct or indirect. The edict of one prwtor was not binding on his suc cessor, but very often edicts promulgated by one prxtor were adopted and confirmed by his successors in office, and thus came gradually to acquire the character of definite legal rules. Edicts which thus became a part of the perma nent law of the Republic were frequently known by the names of their first promulgators, though they were often named with reference to the formula and the actio which they established.
The power of promulgating edicts is supposed to have been derived from the kings to the con suls, and through them to the prietors, and thus to have formed part of what we should call the royal prerogative. Even in Cicero's time the study of the edict had become a regular branch of the study of the law. In B.C. 67 the Lex Cornelia provided against the abuse of passing edicts for the decision of particular eases. by
requiring the prators to decide in conformity with the edicts which they promulgated upon as suming office, which were known as perpetual edicts (rdicta purpetun).
The object of the edict, according to the Ro man jurists, was to aid, supplement, and correct the civil law, and to render it more condueive to the public service, and they speak of it as living voice of the civil law." It was. in short. an indirect form of legislation, which piddle opinion sanctioned for the puldie con venience. and there can be no doubt that it what was ultimately the most valuable part of the Roman law.
The edict: of the emperors, like those of the were also general rules, promulgated directly; lint these had the superior validity which attaelied to the supreme magistracy. and soon took on the character of permanent law.
They formed an important element in the con stitutioia.s, in which the imperial contributions to the law of the Empire were summed up. There were many commentators on the edicts under the (•mperors, among whom Labeo is men tioned and cited by Clpian (Dig. 4. tit. 3, sec. 9). Julian is supposed to have collected and arranged the edict-. and given to them a sys tematic form. Gains, Ulpian. and Paulus com posed treatises on the edicts of the curule tediles; and it is chiefly from the writings of these and the other jurists excerpted ill the Digest that we know anything of the character of the edict, the portions of it which have been preserved being mere fragments. They have been collected by Wieling in his Fragment(' Edict Pervetui (Frankfort, 1733). See CtvIL ; CONSTITUTION; DIGEST; L'ANDEFTs.