Note 116 — XIV METHODS OF LAW-MAKING IN ROME AND IN ENGLAND

The Praetor, said the Romans, does not make law (Praetor ius facere non potest). Yet they also called the rules which emanated from him iura (see Cic. De Invent. ii. 22): and the whole body of rules due to his action was in later times described as ius honorarium, ius praetorium. Sometimes a right resting on ius is contrasted with one depending on the protection (tuitio) of the Praetor: Ulpian in Dig. vii. 4. 1. Those who put the Praetor’s authority highest called the Edict lex annua, says Cicero, Verr. ii. 1. 42. This uncertainty of language corresponds to the peculiar character of these rules, which in one sense were, and in another were not, Law.