IX'I.IPTIC. 



BFFKNM. 



7M 



obwrrwl during eclipses of the tun and moon, see the article*, SULAH 

 EcuraE.and I.CXAH IVuitt 



KC1.IITH .me.] 



EC I 



>:roxoMlST> OKOMT.] 



K! >1>A. [ScAxmsAVus MTTBOLOOT.] 



I !>l >Y i circular motion of the water, either in rivers or in the 

 ox It exists more frequently in riren between the proper currant 

 and the counter current ; the edge* of one current brushing Against 

 another giving to a anal] portion of the water a circular motion. But 

 an eddy I* alto produced when the current, running with <>iii<- \ -i.ilfiice 

 against a rock or elerated shore, is driven back and meets in the bed 

 of the river or on the opposite ahore another obstacle to its course. 

 In this cue the eddy generally occupies the greatest part of the bed of 

 the river, and U frequently called a whirlpool. Eddies occur in thu sea 

 likewise, where two currents run parallel, but in different directions, as 

 the Equatorial and North African current. Whirlpools also 

 frequently among rocky islands near a coast [WHIRLPOOL.] 



EDQK. 



KIUCTAL LAW. The English Equity has gome resemblance to 

 the Iloinan Edictal law, or Jus Pnctorium or Honorarium, as it is 

 often called. All the higher Roman magistrates (magittratui majoret) 

 had the jut edicatdi or authority to promulgate edicta. These mayu- 

 trains utajortt were consuls, praters, curule tediles, and censors. By 

 virtue of this power a magistrate mode edicta or orders, either tempo- 

 rary and for particular occasions (edicta rrptntiiia); or upon entering 

 on his office he promulgated rules or orders, which he would observe in 

 the exercise of his office (edicta jierjietua). These edicta were written 

 on a white tablet (album) in block letters ; the headings or titles were 

 in red. The alba were placed in the Forum, in such a position 

 that they could be read by a stander-by ("ubi de piano recte legi 

 posset," D. 2, 1, 7). Those edicta which related to the administration 

 of justice had an important effect on the liomau law, and especially 

 the 1'ratoria Edicta, and those of the Curule yEdilea. That branch of 

 law which was founded on the Prretorian Edicta was designated Jus 

 Pnetorium or Honorarium, because the prater held one of those 

 offices to which the term Honores was applied. The edicta were only 

 in force during the term of office of the magistrates who promulgated 

 them ; but his successor adopted many or all of his predecessor's 

 edicta, and hence arose the expression of "transferred edicts" (Ir/i/a- 

 tifia edicta) ; and thus in tho later republic the edicta which had been 

 long established began to exercise a great influence on the law, and 

 particularly on the forms of procedure. About the time of Cicero 

 many distinguished jurists began to write treatises on the edictum 

 (libri ad edictum). Under the emperors new edicta were rarer, and in 

 the 3rd century of our torn they ceased. Under the empire we first 

 find the edicta of the Pncfectus Urbi mentioned ; but these must be 

 considered as founded on the imperial authority (majeitta principii), 

 and to have resembled the imperial constitutions. (See Tacit. Ann., 

 C, 11 ; Suet. Aug., 87 ; Dio. Cass., 52, 21 ; and Dig. i. 12, and i. 28.) 

 Under the reign of Hadrian a compilation was made by his authority 

 of the edictal rules by the distinguished jurist Salvius Julianus, in con- 

 junction with Servius Cornelius, which is spoken of under the name of 

 Edictum I'erjwtuum. This edictum was arranged under various heads 

 or titles, such as those relating to marriage, tutores, legata (legacies), 

 and soon. 



By the term Praetorian Edict the Romans meant the edicts of the 

 Pnctor Urbonus, who was the chief personage employed in the higher 

 administration of justice under the republic. The edicta which related 

 to Peregrin! (aliens) were so named after the Prator Peregrinus ; and 

 other edicta were called Censoria, Consularia, ./Kdilicia, and so on. 

 Sometimes an edict of importance took its name from the pnotor who 

 promulgated it, as Carbonionum Edictum. Sometimes the Honoraria; 

 actiones, those which the prtctor or icdile by his edict permitted, and 

 which Ulpi in opposes to Actiones Civiles, just as we oppose legal to 

 equitable remedies (D. 44, 7, 25, 2), were named in like manner from 

 the magistrate who introduced them. Sometimes an edict had its 

 name from the matter to which it referred. The Romans generally 

 cited the edicta by parts, titles, chapters, or clauses of the Edictum 

 Perpetuum by naming the initial words, as Undo Legitimi, and so on. 

 Sometimes they are cited by a reference to their contents. Examples 

 of these model of citing the edictum occur in the titles of the 43rd 

 book of the 'Digest.' (See the title 'Quorum Bononim.') In mi- 

 own law we refer to certain forms of proceedings and to certain actions 

 in a like way, a* when we ay quo narranlo, quare impedit, and speak 

 of 7 ui tarn action*. 



The Jin I'r.ut-.rium in defined by Papinion ('Dig.' i. tit. i. 7) as the 

 law which the nnotors introduced for the purpose of aiding, supplying, 

 or correcting the law (jtu rirll-), with a view to the public interest. 

 The edict ii called by Marcianus " tho living voice of the Jus Civile," 

 that is, of the Common ' law. (' Dig.' i. tit. i. 8.) The Praetorian law 

 M thus formed (jui ; :-. w n l>dy of law which was distin- 



guished by thin name from the .), civile, or the strict law ; the oppo- 

 siticm resembled that of tho English terms equity and law. In its 

 c >ni|.lete and Urge sense, Jus Civile Romanorum, or tho law of the 

 Romans, of course comprehended tho Jus Pnetorium; but in its 

 narrower lease Jus Civile was contrasted, as already explained with 

 the Jus Prntortam. 



The origin of the Roman edictal law it plainly to be traced to the 

 iiiil~-rf.-ctions.il the old Jus Civile, and to the necessity of gradually 

 ing law and procedure. according to the changing circumstances 

 ..I' tin- times. It w.i* by the praters and the pnetorton courts that tho 

 improvements in the Roman law were worked out after long years of 

 labour, by a skilful adaptation of new f units to old processes, )>> an 

 equally skilful use of fictions, and especially by means of the interdictol 

 remedies. Nor was it because it was an easier method of doing this 

 than by direct legislation that the pnctors strove to improve tho law 

 in this way, but because they were under the imperious necessity of 

 observing that reverence for old form* ami old customs which is one of 

 the most striking characteristics of the old Roman people, and whi.-h in 

 nowhere more visible than in tho history of their jurisprudence. (See 

 on this point, the influence of the pnctors upon Roman law. Dr. Abdy's 

 ' Historical Sketch of Civil Procedure among the Romans,' chapter ii.) 

 Numerous modern treatises contain a view of the origin and nature of 

 the Roman Jus Pnetorium, though on some points there is not 

 complete uniformity of opinion. 



(Booking, fmtitntivncn, vol. i. ; Puchta, Caniu der Imtitntloncn, 

 vol. i., p. 293 ; Savigny, tletchichte det R6m. Rechtt, vol. i. ; Heffter, Dt 

 Occonomie det Edicta, Shcin. Mui. fttr Jitrit., i., p. 51 ; E. Bchrader, 

 Die PrUtarixhen Edicte der Romer, 1815.) 



EDICTS, EDICTA, one of the five sources of Roman law enume- 

 rated by Gaius (i. 2). " The magistrates of the Roman people hare 

 authority to make edicts ; but the greatest weight is given to the edicta 

 of the two pnetors, the Prator Urbanus and the Prtctor I'cregriuus. 

 In the provinces, the governors (provides) have the same authority as 

 the pnetors (in the city). The authority of the curule tcdiles, as to 

 making edicts, is the same as that of the pnctors, and in the provinces 

 their powers are possessed by the quscstors." (On the Edict. wEdil. sea 

 ' Dig.,' xxi. tit. 1 ; and on the Jdilion Actions, ' Cod.' iv. tit. 58.) 



It was the custom of the pnctors on their accession to office to 

 publish edicts, which were rules published for the benefit of suit* n 

 for the express purpose of regulating the practice of their courts during 

 their year of office. This power of regulating the practice of their 

 courts having been abused, especially by the custom of altering their 

 original edict during their year of office, it was enacted by the Corne- 

 lian law, passed about A.U.C. 685, that when a pnctor, on his secession 

 to office, had published any edict or general rule, he should be bound 

 to keep to it during the whole year of his office. After the adoption 

 of this law, the praetors, though by no means bounded in the limits of 

 their jurisdiction, were certainly tied down more strictly to the observ- 

 ance of the lilera scripta- of their edicts, and were not only obliged to 

 submit to these edicts and to judge according to their provisions, but 

 were responsible to the tribunes in the discharge of their functions. A 

 prsotor was not bound by the edicts of his predecessor; if he con- 

 firmed them, the edicts were called Vetera et Tralatilui ; if he made 

 new edicts, they were called Nova. On an occasion mentioned by 

 Cicero (' De Offlc.,' iii. 20j the pnctors and tribunes of the Plebs united 

 in drawing up a penal edict (edictum cum pocnft et judicio) relative to 

 the coinage. This instance will serve as an example of the extent to 

 which the praetors under the republic exercised legislative puwcr. 

 Instead of confining themselves to rules for the regulation of the prac- 

 tice of the courts, they gradually assumed the power of repealing 

 written law and making new laws, on the ground of correcting the 

 error of the written laws whenever they seemed inapplicable from 

 generality or other defect. But, as M. Schrader has shown, it was 

 not by opposing the old laws, objects of reverence to the Roman 

 people, but by bringing them into accordance with the necessji 

 the times and the changing manners of the people, that reforms in 

 the law were intoduced by the Praters. (See on this subject A 1 u 1 \ ' 

 ' Civil Procedure among the Romans,' chapter ii. ; Hugo's ' History of 

 the Roman Law;' and W. Smith's edition of Gibbon's ' Declii 

 Fall,' vol. v., p. 268.) From the decisions of the pnctors arose a large 

 body of law, whoh was known by the name of Jus Honorarium or 

 Prtctorium (Papinian. 'Dig.' i., tit. 1, 7), as distinguished from the 

 Jus Civile, and may to a certain extent be considered as corresponding 

 to the English courts of equity. 



Under the early emperors the magistrates published edicts, but 



Hadrian commissioned Salvius Julianus (A.D. 132) to make a digest of 



all the best decisions, which were collected in a small volume called 



'turn I'.i I'ctuum, and ratified by a Senatus Consultum. Front 



that time the power of making edicts was taken from the magistrates, 



and the legislative power was vested in tho emperors. (' Cod.' i tit. 17.) 



ITCTION, ROMAN.] 



KM 'CATION. [SCHOOLS.] 



EDULCORATIOH. The operation of washing a finely divided 

 solid with water, or other liquid, in which the solid is nearly or quite 

 insoluble. It is chiefly employed in chemii to separate 



soluble matters from insoluble precipitates. [C'IIKMICAI. ANALYSIS.] 



KITKNDI is a Turkish word, which signifies "Master, Monsieur," 

 and is subjoined as a title of respect to the names of persons, especially 

 to those ot learned men and ecclesiastics ; for example, Omar / 

 Ahmed ]:/< HI/I, in the anno manner in which Aijha is placed after tho 

 names of military and court officers, and is nearly equivalent to " Sir." 

 The word Kffendi occurs also as part of some titles of particular officers, 

 as Rcit Kffendi, the former title of the principal secretary of state, and 

 prime minister of the Ottoman empire, which was properly an abbrc- 



