PRELIMINARY REMARKS. 99 



As regards their form, Laws may be divided into written, and pre- 

 scriptive. Written Laws, are those which are established by positive 

 enactment : and they consist of Constitutions, Treaties, and Statutes. 

 By a Constitution, we here mean a solemn, written declaration of 

 the sovereign will of the people, defining the form, mechanism, and 

 powers of the government. In Great Britain, however, and in other 

 countries, the term is applied to the system of government which 

 has grown up, under various influences ; and which has been acqui- 

 esced in, rather than ratified by the people. A Treaty, is a solemn, 

 written compact, between independent nations ; or sometimes between 

 nations, and subordinate or tributary states. A Statute, is a law 

 duly enacted by a competent legislative power: and it may be either 

 a public statute, relating to the whole community ; or a private 

 one, relating only to certain individuals or associations. 



Prescriptive or Unwritten Laws, are those established by pre- 

 scription, or ancient usage : as the Common Law, and Chancery. 

 Common Law is an extensive system of rules and principles, the 

 growth of ages, resulting from natural justice, and judicial decisions, 

 and applied in cases not otherwise provided for. It is called un- 

 written, simply because it is not found in the Statute Books ; though 

 it is mostly embodied in the Reports of causes decided, and princi- 

 ples settled in the various Courts of Justice. Chancery Law or 

 Equity, embraces those general principles by which Courts of 

 Chancery or Equity are governed, in deciding on appeals made to 

 them, as the last arbiters, from Courts of other grades. Though 

 founded on natural law, these principles are now for the most part 

 settled, like those of the common law, by prescription and judicial 

 decisions. 



The term Civil Law, was originally applied, and is often re- 

 stricted to the old system of Roman Law : but we may also use it, 

 as in the French Civil Code, to include the Relations of Persons 

 and Property ; or the Rights of Persons and the Rights of Things ; 

 in contradistinction from Criminal or Penal Law, which relates to 

 Crimes and Punishments ; or Private Wrongs, and Public Wrongs, 

 and the means of redress. Mercantile or Commercial Law, called 

 also Law Merchant, prescribes the rights and duties of merchants, 

 in their relations to each other, and to their respective countries. 

 Martial Law, comprehending both Military and Naval, is that sys- 

 tem which prescribes the rights and duties of military and naval 

 men ; or which is enforced in places that are the seat of war. Ec- 

 clesiastical or Canon Law, is that system which relates to the 

 affairs of the Church ; and which is the rule of Ecclesiastical Courts, 

 whether under secular or sacerdotal authority. A system, or body 

 of laws relating to any one of these divisions, or belonging to and 

 one nation or state, is called a Code. 



With these introductory remarks, we proceed to the individual 

 branches ; Political Philosophy ; International Law ; Constitutional 

 Law ; Municipal Law ; and Political Economy ; under which we 

 think that all the topics of Nomology may be comprised. 



