portion every year, obtained the name of the Edictum Perpetuum, that
is, the _continuous_ or _unbroken_ edict. The immense length to which
it extended, together perhaps with some distaste for its necessarily
disorderly texture, caused the practice of increasing it to be stopped
in the year of Salvius Julianus, who occupied the magistracy in the
reign of the Emperor Hadrian. The edict of that Praetor embraced
therefore the whole body of equity jurisprudence, which it probably
disposed in new and symmetrical order, and the perpetual edict is
therefore often cited in Roman law merely as the Edict of Julianus.
Perhaps the first inquiry which occurs to an Englishman who considers
the peculiar mechanism of the Edict is, what were the limitations by
which these extensive powers of the Praetor were restrained? How was
authority so little definite reconciled with a settled condition of
society and of law? The answer can only be supplied by careful
observation of the conditions under which our own English law is
administered. The Praetor, it should be recollected, was a jurisconsult
himself, or a person entirely in the hands of advisers who were
jurisconsults, and it is probable that every Roman lawyer waited
impatiently for the time when he should fill or control the great
judicial magistracy. In the interval, his tastes, feelings,
prejudices, and degree of enlightenment were inevitably those of his
own order, and the qualifications which he ultimately brought to
office were those which he had acquired in the practice and study of
his profession. An English Chancellor goes through precisely the same
training, and carries to the woolsack the same qualifications. It is
certain when he assumes office that he will have, to some extent,
modified the law before he leaves it; but until he has quitted his
seat, and the series of his decisions in the Law Reports has been
completed, we cannot discover how far he has elucidated or added to
the principles which his predecessors bequeathed to him. The influence
of the Praetor on Roman jurisprudence differed only in respect of the
period at which its amount was ascertained. As was before stated, he
was in office but for a year, and his decisions rendered during his
year, though of course irreversible as regarded the litigants, were of
no ulterior value. The most natural moment for declaring the changes
he proposed to effect occurred therefore at his entrance on the
praetorship, and hence, when commencing his duties, he did openly and
avowedly that which in the end his English representative does
insensibly and sometimes unconsciously. The checks on this apparent
liberty are precisely those imposed on an English judge. Theoretically
there seems to be hardly any limit to the powers of either of them,
but practically the Roman Praetor, no less than the English Chancellor,
was kept within the narrowest bounds by the prepossessions imbibed
from early training and by the strong restraints of professional
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