resentment. But the errors or vices of each praetor expired with his annual office; such maxims alone as had been approved by reason and practice were copied by succeeding judges; the rule of proceeding was defined by the solution of new cases; and the temptations of injustice were removed by the Cornelian law. which compelled the praetor of the year to adhere to the letter and spirit of his first proclamation.[1] It was reserved for the curiosity and learning of Hadrian to accomplish the design which had been conceived by the genius of Cæsar; and the prætorship of Salvius Julian, an eminent lawyer, was immortalized by the composition of The Perpetual Edict the perpetual edict. This well-digested code was ratified by the emperor and the senate; the long divorce of law and equity was at length reconciled; and, instead of the Twelve Tables, the Perpetual Edict was fixed as the invariable standard of civil jurisprudence.[2]
Constitutions of the emperors From Augustus to Trajan, the modest Cæsars were content to promulgate their edicts in the various characters of a Roman magistrate; and, in the decrees of the senate, the epistles and orations of the prince were respectfully inserted. Hadrian[3] appears to have been the first who assumed, without disguise, the plenitude of legislative power. And this innovation, so agreeable to his active mind, was countenanced by the patience of the times and his long absence from the seat of government. The same policy was embraced by succeeding monarchs, and, according to the harsh metaphor of Tertullian, "the gloomy and intricate forest of ancient laws was cleared away by the axe of royal mandates and constitutions".[4] During four centuries, from Hadrian to Justinian, the public and private- ↑ Dion Cassius (tom. i. l. xxxvi. p. 100 [c. 23]) fixes the perpetual edicts in the year of Rome 686. Their institution, however, is ascribed to the year 585 in the Acta Diurna, which have been published from the papers of Ludovicus Vives. Their authenticity is supported or allowed by Pighius (Annal. Roman. tom. ii. p. 377, 378), Græevius (ad Sueton. p. 77S), Dodwell (Prælection. Cambden, p. 665), and Heineccius; but a single word, scutum Cimbricum, detects the forgery (Moyle's Works, vol. i. p. 303).
- ↑ The history of edicts is composed, and the text of the perpetual edict is restored, by the master hand of Heineccius (Opp. tom. vii. P. ii. p. 1-564); in whose researches I might safely acquiesce. In the Academy of Inscriptions, M. Bouchaud has given a series of memoirs to this interesting subject of law and literature.
- ↑ His laws are the first in the Code. See Dodwell (Prælect. Cambden, p. 319-340), who wanders from the subject in confused reading and feeble paradox.
- ↑ Totam illam veterem et squalentem sylvam legum novis principalium rescriptorum et edictorum securibus truncatis et cæditis (Apologet. c. 4. p. 50, edit. Havercamp). He proceeds to praise the recent firmness of Severus, who repealed the useless or pernicious laws without any regard to their age or authority.
