The formulated law proceeding from the government is essentially different from the lawyers' law. The statutes,

4 To this group of individuals belonged not only the members of the family, but also the slaves and, in the more ancient time, apparently also the freedmen, even although these were capable of having legal rights and doing legal acts. Comp. Cicero, "Epistula ad Quintum," I, 1, 13: "libertis quibus illi (maiores) non multo secus ac servis impera-bant." as a type, are much newer than customary law or lawyers' law, and are probably everywhere a relatively late phenomenon. In antiquity, it seems to have become well established among Romans and Athenians only, although in the other Greek States there existed considerable beginnings toward it. The earlier Middle Ages likewise proceeded hardly beyond attempts and transitions. Administrative ordinances and provisions relating to peace and war or public works are, of course, not properly counted among statutes, even when they are adopted by the assembly of the people. The "codes" of Hammurabi, Moses, Manu, Zarathustra, of the legendary Minos and Lycurgus, the Roman "leges regiae" and Twelve Tables, the Germanic "leges barbarorum," the Koran,- all these amount merely to the recording and editing of existing ceremonial, ethical, and religious rules, and rules of customary law. Sometimes they were mere private records, sometimes they were made under the authority of priests or rulers; sometimes, even, they were edited rather freely and contain extensive changes; and at a later period ordinances were added abrogating or amending objectionable or obsolete legal customs. These begin to approximate closely to statutes. But a statute proper as regards subject-matter, that is, an abstract rule, directing the people how to act in the future, presupposes a decidedly advanced conception of the functions of the State, as well as governmental agents ready and capable of enforcing such a rule, and some comprehension of the purpose of the law among the broad masses of the people. An oriental despot may be able by a nod to raze a city, but he cannot prescribe to his subjects the form of the contracts they make among themselves.