It is the court that keeps the statute-books, and interprets and applies the law, whether the lex scripta or the lex non scripta.
But no such statute existing, he must have referred to the common law in the sense of a lex non scripta.
Lex scripta and lex non scripta are classical Roman terms of universal application in systems of enlightened jurisprudence.
The common law is the law of England, the unwritten law of England, the lex non scripta.
My brother, therefore, obeyed the lex non scripta with as little delay as possible.
Whenever it was possible, they applied their own lex non scripta in preference to acting upon the Spanish Code.
Blackstone divides the civil law of England into lex scripta or statute law, and lex non scripta or common law.