By EDWARD POSTE,

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IiL 17. 71 ; Gell. iv. 2. _t Cic. sn Verr. 2. 45. 117. a Cm. ad Sam. iii. 8. 4. xxxiv HISTORICAL INTRODUCTION One important point in which the governor of a province differed trom a Praetor at Rome, was that he was an administrative as well as a judicial official. Hence the Provincial Edict had to contain a good many rules of administrative law which were not to be found in its counterpart at Rome. This portion of the edict spoke about the financial relations of the states of the province to the Roman government and to its agents, and stated the rules which regulated the relations of the tax-gatherers (Publicani) to the taxpayers.

Whore the Charter granted only a few elementary rights, he had a much freer hand. ' Adjuvandi vel supplendl vel corrlgendi juris elvilm gratia propter utlhtatera publicam' (Papm. in Dig. 1 7. 1). I It has sometlmee been thought that Peregrini were wholly excluded from the use of the Legi8 Aetm. See Girard, Manuel, p. 110. Dig. 21. 1 ; Cie, d¢ Off. iiL 17. 71 ; Gell. iv. 2. _t Cic. sn Verr. 2. 45. 117. a Cm. ad Sam. iii. 8. 4. xxxiv HISTORICAL INTRODUCTION One important point in which the governor of a province differed trom a Praetor at Rome, was that he was an administrative as well as a judicial official.

9 Kruger_ olo. ctt. p. 51. xl HISTORICAL INTRODUCTION Controversy grew and flourished _. The only proof of the validity of an opinion was its acceptance by a court. But even this was but a slender proof; for different Praetors or Judices might be under the sway of different jurists, It required a single superior court and a single controlling authority (both of which were found in the Principate) to guide the stream of legal opinion into narrower and more certain channels. Amidst this stream of interpretation we discern one attempt to give a fixity to at least a part of Roman law.

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Institutes of Roman Law-160 A D by EDWARD POSTE,


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