Praetor's Edict

The incoming praetor by his edict laid out legal principles he intended to follow when making judicial decisions during his year in office.

So, in deciding whether or not to augment or otherwise modify the edict, the new praetor would usually consult with Roman jurists who were familiar with the applicable areas of the law, and who knew the emerging currents of legal change.

With the accretion of annual modifications, the document grew in stature, as well as in size, scope, and reach; it became a primary source of legal growth and evolution.

In 67 BCE, a lex Cornelia de edictis passed, which required the praetor to abide by his own edict.

[6][note 2]"Whoever hides for the purpose of defrauding his creditors, if he is not defended according to the judgment of an honorable man, I shall order his property pursuant to the edict to be possessed, to be advertised for sale, and to be sold."

The Praetor's Edict contained many different principles of law, often drawing on prior legal rulings.

In time, such sample formulae became listed by the praetor in his Edict issued at the beginning of his term of office.

As later summarized by the Roman jurist Papinian (c. 148–211), the law that was developed by the praetors in their Edict became an instrument which could supplement, explain, and improve the Ius civile.

This is also called honorary law (jus honorarium), being so named for the high office (honos) of the praetor.

A great deal of commentary was written by jurists concerning this "praetorian law" or ius honorarium, addressing the legal principles contained in this Edict.

This newly edited and consolidated version of the edict then became fixed, subject only to changes approved by the emperor: hence, the Edictum perpetuum.