MUNICIPAL LAW. 117 



of the Papal Canon Law, commencing with the labors of Gratian, 

 about 1151 ; and to the introduction of the Roman law in the various 

 catholic states of Europe. 



The French laws, were first generally reduced to writing, under 

 Charles VII., in 1453 ; and they were systematized by Louis XIV.; 

 who promulgated ordinances, on the Civil process, in 1667 ; on the 

 Criminal process, in 1670; on Commercial law, in 1673 ; on Forest 

 law, in 1669 ; on the Marine, in 1681 ; and on Ecclesiastical law, in 

 1695. These laws were greatly simplified, in the Codes prepared 

 under the Emperor Napoleon, which are still occasionally called by 

 his name. The Civil Code, or general law of the country, was ela- 

 borated in 1805 ; and is emphatically styled the " Code Napoleon; 11 

 as he assisted personally in preparing it. The Code of Civil Pro- 

 cedure, was published in 1806; that of Criminal Procedure, in 1808 ; 

 and the Penal Code in 1810. These codes, with that of Commerce, 

 published in 1807, are often termed the Five Codes ; and are still the 

 basis of French Municipal Law. The Constitutio Carolina, was the 

 basis of the Criminal Law of Germany. It was first sketched by 

 the emperor Maximilian, and proposed to the Diet at Worms, in 

 1521 ; but revised and augmented at the Diet of Spire, in 1529 ; and 

 published in the form of a law, in 1532, under Charles V.; from 

 whom it took its name. 



In England, an excellent municipal code was established by Alfred 

 the Great, A. D. 886 : which was the basis of the English Common 

 Law. This was greatly modified by the Feudal Laws, introduced 

 by William the Conqueror, in 1070 ; by which the nobles held their 

 land as the gift of the king, and dealt it out to their serfs or vassals, 

 who were the disfranchised Saxons, or the Norman soldiers. Fealty, 

 and service, were the conditions by which the fiefs or feudal lands 

 were thus held. This system was gradually superseded by the 

 changes which we have referred to, in speaking of the English Con- 

 stitution ; (p. 110); by which popular liberty has been partially 

 restored. The English Municipal Law is derived, then, from the 

 ancient common law, the feudal law, the Roman civil law, and the 

 ecclesiastical law, partly blended together, and more or less modified 

 by acts of Parliament ; the whole forming a complicated and hetero- 

 geneous system. The character of the English law has been gradu- 

 ally becoming milder ; and many offences which were formerly capital, 

 are now punished by transportation or imprisonment. 



The Municipal Law of our own country, is based on that of Eng- 

 land ; but variously modified by the statutes of the different states ; in 

 some of which, systematic codes have been prepared ; and in all of 

 which, we think such codes would be beneficial. Cases not provided 

 for by statutes, are generally decided by reference to the common law, 

 or to the principles of natural law and justice. The Judicial power 

 of the states, is vested in various courts ; one of which is usually 

 styled Supreme; and the others are called Circuit Courts, District 

 Courts, Courts of Appeals, Courts of Common Pleas, County Courts, 

 Probate Courts, Justices' Courts, and in cities, Municipal, Mayor's, or 

 Police Courts ; according as the respective states have provided. 

 Each state has also made provision for proceedings in Equity; by 



