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.