reason than because the exclusive pursuit of each one's own interest too frequently leads to unnecessary interference with the interests of others. All these fall under the head of the security of contract and business.

Seventh division is SECURITY OF FOREIGNERS.-The last division of the substantive law is founded on a circumstance common to all countries possessing a tincture of civilization, that of tolerating strangers or foreignerspersons who were not born in the same community, in which they nevertheless for various reasons are found from time to time. Whether and to what extent the municipal law suffers modification when the rights and wrongs of these strangers are dealt with, naturally forms a distinct subject, not flowing out of the former divisions. No law can leave the case of foreigners unprovided for. Their rights and interests may be intermixed with those of native subjects; but they call for some special treatment, and as a matter of fact occupy the attention of all legislatures. This branch of the law is often called private international law, but the security of foreigners is a more appropriate title, and it is a necessary supplement to all the preceding divisions. It also brings out more distinctly all that relates to jurisdiction over subjects natural born, and born in colonies and foreign dependencies. The legislature has for centuries been busy with altering and modifying such common law as barbarous ages and crude ideas of justice allotted to foreigners. The freedom of these to come and go, and buy and sell, was protected by Magna Charta itself.1 And numerous statutes down to the present day have kept up the perpetual interest in this subject.

The division of administrative law is threefold.—The seven divisions now enumerated divide between them the whole substantive law. But there still remains the administrative law, which, as already described, resolves itself into three parts the judicature, the legislature, and the executive government. They are called administrative law, because they have the relation to the substantive law of means to the end—of machinery to the result achieved. They keep the substantive law in perpetual vigour, defining what is obscure, amending what is defective, and keeping all the great functionaries employed in distributing it within their 1 Mag. Chart. c. 30.

respective orbits. They collect and maintain the materials for keeping the peace within the territory, and represent the empire in all its extra-territorial interests.

Eighth division of law is into THE JUDICATURE.—The judicature is the division of administrative law which contains the distribution of jurisdiction among various courts and functionaries. How judges are appointed, and what privileges or peculiarities distinguish them from the rest of the community-what rules they follow in administering justice-hearing parties, excluding irrelevant topics, enforcing judgments and sentences. The leading methods resorted to of securing to each the best satisfaction against wrong and the violation of the substantive law, so far as law can give redress, form the eighth division—that of the judicature. This division involves also many securities of the individual; but as all these are subordinate to the leading idea of expounding and applying the law, they fall under this division as their natural and appropriate place.

Ninth division of law is THE LEGISLATURE.-The legislature is the ninth division of the whole law and includes all that relates to the constitution and working of the three estates of parliament-showing how the members of one branch of the legislature are elected, and what privileges attach to them-how the members of another branch of the legislature are first appointed and afterwards succeed by inheritance to their function-how the legislature proceeds in enacting new laws-who are the parties to their enactmentwhat are the parts of a statute when completed and how it is expressed and interpreted-what is the relation of the legislature towards the subject on the one hand and towards the executive government on the other hand. These particulars are included in this division of "the legislature."

Tenth division is the EXECUTIVE GOVERNMENT.-Lastly, the executive government is the keystone of the arch, and includes all that relates to the sovereign and the prerogatives vested in this supreme office-the course of the successionthe appointment of high officers of state, and their respective functions-the prerogative of pardon, the chief command of the army and navy, the relations of the sovereign towards the subject on the one hand, and towards the legislature on the other hand, the representation of the

empire in all matters of peace or war, when dealing with foreign countries, and the treatment of foreign subjects and foreign property in times of war. And the government is not entirely imperial, but has subordinate and derivative grades, there being to some extent parts of the legislature and executive government delegated to functionaries and communities under various forms of local self-government, the chief organs of which are municipal corporations, counties and parishes, and sanitary districts.

Summary of tenfold division of law. This tenfold division collects and exhausts all the matters which the law deals with in a natural and intelligible order. The law cares nothing for, and has no leisure to ponder over, the metaphysical and philosophical elements into which they may be still further reduced. In the region of practical life, which is that in which the law lives and moves, there are no more simple and more elementary conceptions than these ten to be found. That each individual has an instinctive tendency to take care of his own person, to amass property, to marry, to worship, to think, speak, and make a character to himself, to enter into contracts, to live or hold fellowship with foreigners, to resort to courts of justice, to submit to legislation and to government, cannot be explained by any intuition or by any experience, and must be accepted as postulates. How and under what restrictions these tendencies are regulated and encouraged, constitutes the burden of every code. One code may, more than another, sketch each of these divisions with a freer touchmay leave a blank here, may show a barrier there—may blur the canvas with misshapen forms, may write some edicts in characters of blood, may fill chapters with incongruous and mistaken details. But each and every subject must be treated more or less pointedly, or its place must be marked out. Not one of them can be safely omitted, and it is by the balance of light and shade, of clearly developed forms and the most natural play of human action, that the best code is distinguished. A picture of many hues, of complex and many-sided groups, is the result. It may require a nice appreciation to compare each detail of one code with the corresponding detail of another code; and it is only by a comprehensive experience of its many points of contact with many minds, that a rational

estimate can be made of the degrees of perfection attained and attainable. But in every human society a place must be found for each of these ten divisions of subjects, and it is impossible not to find something, however crude, which every human code has to say upon each of them.

In order, therefore, to make still more clear the foregoing arrangement and distribution of subjects, this "Division of the whole law" will assume the following simple tabular form:

I. SUBSTANTIVE Law.

1. Security of the person.
2. Security of property.
3. Security of marriage.

4. Security of public worship.

5. Security of thought, speech, and character.
6. Security of contract and business.

7. Security of foreigners.

II. ADMINISTRATIVE LAW.

8. The Judicature.

9. The Legislature.

10. The Executive Government (including local self

government).

CHAPTER II.

EXPLANATION OF PHRASES AND TERMS USED IN THE LAW.

Other divisions and terms used by legal authors.-A definition and a division of the law, however perfect, do not exhaust the requirements of those who make their preliminary survey of so wide a subject. There are so many technical distinctions, phrases, and words, which have long been current, and which exercise the reflections of all men, that some notice of these will be useful before we proceed to the particulars of the law itself, in their settled order. Many of these words are the tools of the art, and have been used and applied in various senses, according to the prevailing theories of those who have written on legal and political subjects. Some of these distinctions may be found to rest on a mere confusion of ideas, may be superfluous or misleading, or imperfectly defined. They are, however, sufficiently interesting or important to require separate treatment.

Such are the phrases and words-liberty of the subject -political and civil liberty-origin of government—the social or original contract-the divisions into constitutional law, public and private, civil and criminal law-commercial law-law of nations-private international law-law of nature-law of God, or divine law-feudal law-civil lawcanon law-common law and statute law-written and unwritten law-judge-made law-adherence to precedents -legal fictions-law and equity-codification-right-duty -obligation-wrong-crime-felony-misdemeanour.

Meaning of the liberty of the subject and civil liberty.— The liberty of the subject is a phrase of the law of England which has acquired great and just renown; but as it has been made the theme of declamation rather than of strict