very mans proper method.
In the Institutions of Justinian, we find seven sorts of Civill Lawes.
1. The Edicts, Constitutions, and Epistles Of The Prince, that is, of
the Emperour; because the whole power of the people was in him. Like
these, are the Proclamations of the Kings of England.
2. The Decrees Of The Whole People Of Rome (comprehending the Senate,)
when they were put to the Question by the Senate. These were Lawes, at
first, by the vertue of the Soveraign Power residing in the people; and
such of them as by the Emperours were not abrogated, remained Lawes by
the Authority Imperiall. For all Lawes that bind, are understood to be
Lawes by his authority that has power to repeale them. Somewhat like to
these Lawes, are the Acts of Parliament in England.
3. The Decrees Of The Common People (excluding the Senate,) when they
were put to the question by the Tribune of the people. For such of them
as were not abrogated by the Emperours, remained Lawes by the Authority
Imperiall. Like to these, were the Orders of the House of Commons in
England.
4. Senatus Consulta, the Orders Of The Senate; because when the people
of Rome grew so numerous, as it was inconvenient to assemble them; it
was thought fit by the Emperour, that men should Consult the Senate in
stead of the people: And these have some resemblance with the Acts of
Counsell.
5. The Edicts Of Praetors, and (in some Cases) of the Aediles: such as
are the Chiefe Justices in the Courts of England.
6. Responsa Prudentum; which were the Sentences, and Opinions of those
Lawyers, to whom the Emperour gave Authority to interpret the Law, and
to give answer to such as in matter of Law demanded their advice;
which Answers, the Judges in giving Judgement were obliged by the
Constitutions of the Emperour to observe; And should be like the Reports
of Cases Judged, if other Judges be by the Law of England bound to
observe them. For the Judges of the Common Law of England, are not
properly Judges, but Juris Consulti; of whom the Judges, who are either
the Lords, or Twelve men of the Country, are in point of Law to ask
advice.
7. Also, Unwritten Customes, (which in their own nature are an imitation
of Law,) by the tacite consent of the Emperour, in case they be not
contrary to the Law of Nature, are very Lawes.
Another division of Lawes, is into Naturall and Positive. Naturall are
those which have been Lawes from all Eternity; and are called not onely
Naturall, b
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