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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 emperors, remained laws by the authority imperial. 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 emperor, that men should consult the senate, instead of the people; and these have some resemblance with the acts of council.

5. "The edicts of præctors," and in some cases of "ædiles"; such as are the chief justices in the courts of England.

6. Responsa prudentum; which were the sentences, and opinion of those lawyers, to whom the emperor 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 judgment were obliged by the constitutions of the emperor 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 customs," which in their own nature are an imitation of law, by the tacit consent of the emperor, in case they be not contrary to the law of nature, are very laws.

Another division of laws, is into "natural" and "positive." "Natural" are those which have been laws from all eternity; and are called not only "natural," but also "moral" laws; consisting in the moral virtues, as justice,