Scanned text contains errors.
they must have been kept distinct, as the subject-matter of them was different. We know that the edicts of the curule aediles were the subject of distinct treatises by Gaius, Ulpian, and Paulus, and the Edictum Provinciale would, from its nature, be of necessity kept separate from all the rest. But some writers are of opinion, that the Edictum Perpetuum of Julianus made one body of law out of the edicta of the praetor urbanus and peregrinus, that there was also incorporated into it much of the Edictum Provinciale, and a large part of the Edictum Aedilitium, as an appendage at least. The Edict thus arranged and systematised was, it is further supposed, promulgated in the provinces, and thus became, as far as its provisions extended, a body of law for the empire. This view of the edictum of Julianus is confirmed by the fact of Italy being divided by Hadrian into the city of Home with its appurtenant part, and four districts. The magistratus remained as before, but the jurisdiction of the praetor was limited to Rome and its territory ; and magistrates, called consulares, and subsequently, in the time of Aurelius, juridici, were appointed to administer justice in the districts. As the edictal power of the praetor was thus limited, the necessity for a comprehensive Edict (such as the Edictum Perpetuum of Julian) is the more apparent.
. There were numerous writings on the Edict besides those above enumerated. They were sometimes simply entitled Ad Edictum, according to the citations in the Digest; and there were also other juristical writings, not so entitled, which followed the order of the Edict, as, for instance, the epitome of Hermogenianus. (Dig. 1. tit. 5. s. 2.) Ultimately, the writings on the Edict,, and those which followed the arrangement of the Edict, obtained more authority than the Edict itself, and became the basis of instruction.
Some few fragments of the older edicts are found in the Roman writers, but it is chiefly from the writings of the jurists, as excerpted in the Digest, that we know anything of the Edict in its later form. It seems pretty clear that the order of Justinian's Digest, and more particularly that of his Code, to some extent followed that of the -Edict. The writings on the Edict, as well as the ;Edict itself, were divided into tituli or rubricae, and these into capita ; some special or detached ,rules were named clausulae ; and some parts were simply named edictum, as Edictum Carbonianum, &c.
The Edicta or Edictales Leges of the emperors are mentioned under constitutio.
The Digest, as already observed, contains nu merous fragments of the Edicts. The most com plete collection of the fragments of the Edicts is by - Wieling, in his "Fragmenta Edicti Perpetui," .Frariek. 1733. The latest essay on the subject is by C. G. L. deWeyhe, " Libri Tres Edicti sive de Origine Fatisque Jurisprudentiae Romanae prae- sertim Edictorum Praetoris ac de Forma Edicti Perpetui," Cell. 1821. The twenty-first book of the Digest (tit. 1) is on the Aedilitium Edictum. (Zimmern, Gescldchte des Rom. Privatrechts ; Ma- .rezoll, Lehi buck, &c.; Rein, Das Romische Privat- recht, &c., Leipzig, 1836; Savigny, Geschichte des R. R.> &c, vol. i. c. 1 ; Savigny, System, &c., vol. i. pp. 109, &c., 116, &c.) [G. L.]
KDICTUM THEODORICI. This is the first collection of law that was made after the downfal.
of the Roman power in Italy. It was promulgated by Theodoric, king of the Ostrogoths, at Rome, in the year a. d. 500. It consists of 154 chapters, in which we recognise parts taken from the Code and Novellae of Theodosius, from the Codices Gre- gorianus and Hermogenianus, and the Sententiae of Paulus. The Edict was, doubtless, drawn up by Roman writers, but the original sources are more disfigured and altered than in any other compila tion. This collection of law was intended to apply both to the Goths (Barbari) and the Romans, so far as its provisions went ; but when it made no alteration in the Gothic law, that law was still to be in force for the Barbari; and the Roman law was still to prevail for the Romans in those cases to which the Edictum was not applicable. Athalarich, the grandson of Theodoric, or rather Amalasuntha, the mother of Athalarich, who was a minor, completed this Edictum by a new one ; but after Narscs had again united Italy to the dominion of Justinian, the legislation of Justinian was established in Italy (a. d. 554), and the Edictum of Theodoric had no longer authority. The opinion of modern writers as to the" design and object of the Edictum of Theodoric is by no means uniform. There is an edition of this Edictum by G. F. Rhon, Halle, ]816, 4to. (Savigny, Geschichte des R. R. &c. ; Booking, Instit. i. 89.) [G. L.]
EEDNA (&Sm). [Dos.]
EICOSTE (a'/coo-Tr?), a tax or duty of one twentieth (five per cent) upon all commodities exported or imported by sea in the states of the allies subject to Athens. This tax was first imposed b. c. 415, in the place of the direct tribute which had up to this time been paid by the subject allies ; and the change was made with the hope of raising . a greater revenue. (Time. vii. 28.) This tax, like all others, was farmed, and the farmers of it were called eicostologi (eiKoaroAxfyoi). It continued to be collected in b. c. 405, as Aristophanes mentions an eicostologus in that year (Ran. 348). It was of course terminated by the issue of the Peloponnesian war, but the tribute was afterwards revived on more equitable principles under the name of Syntaxis (criWa£is). (Bb'ckh, Publ. Econ. of Athens, pp. 325, 401, 2nd ed.)
We also read of an' eicoste levied by the sons of Peisistratus. This tax was a twentieth of the produce of the lands in Attica, and was only half of what had been levied by Peisistratus himself. (Thuc. vi. 54.)
EIREN (efyrjv) or IREN (fy^), the name given to the Spartan youth when he attained the age of twenty. At the age of eighteen he emerged from childhood, and was ca]led Melleiren (/^eA-\€ipy}v, Pint. Lye. 17). When he had attained his twentieth year, he began to exercise a direct influence over his juniors, and was entrusted with the command of troops in battle. The word appears to have orignally signified a commander. Hesychius explains "Ipaves by 'dpxovres, 5ict?-Kovres: and elpyvdfei by Kpctre?. The Iptvzs mentioned in Herodotus (ix. 85) were certainly not youths, but commanders. (Muller, Dorians, vol. ii. p. 315.)
EISAGOGEIS (etVcrywyeTs), at Athens, were not themselves distinct magistrates ; but the name was given to the ordinary magistrates when application was made to them for the purpose of