Imatges de pÓgina
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Protestants and Jews, it is only 1 in 48, ascribed to the immoderate use of brandy. which is attributed to their greater afilu- Our authority affirms that this vice deence.-Rome. From a recently discov- stroys the happiness and prosperity of ered fragment of Cicero (De Republica), Sweden more effectually than any war an intimation is conveyed that the neigh- has ever done. borhood of Rome has been always un- The medical police of large cities dehealthy. Speaking of the choice of situa- serves particular attention, because the tion made by Romulus, he observes health of multitudes depends upon the locum delegit in regione pestilente salubrem. care which is taken by the magistrates to The population appears to have been remove the causes of disease which origigradually decreasing till the last peace, nate in a great population. Knowledge which has greatly revived it. In 1800, of this branch of medical science can be there were 150,000 souls; in 1810, only obtained only by attentive observation, and 123,000. Within a few years, it has gain- the study of the different health-regulaed 10,000. The annual mortality is about tions of large cities under governments 1 in 25. There can be little doubt that which have paid particular attention to it. the force of the aguish disposition of Cities, in geography. A late German Rome might be considerably weakened publication gives a statement of the hunby steady and well-directed efforts, sup- dred most populous cities in the world. ported by a proportionate capital; but it Among these are

Inhab. is to be feared that such a combination of circumstances will not readily meet at

Jeddo, in Japan,

1,680,000 Pekin,

1,500,000 Rome. In 1816, 17 out of the 22 French

London, students were attacked with intermittent

1,300,000 fevers. The Villa Medici, in which they

Hang-tcheou,

1,100,000 Calcutta,

900,000 reside, was formerly healthy; but water,

Madras,

817,000 brought at a great expense to embellish the garden, had been suffered to stag

Nankin,

800,000 Canton,

800,000 nate there.-Naples. The annual mor

Paris, tality here is 1 in 23; a fact that one

717,000 Vou-tchang,

600,000 would not have expected in such a de

Constantinople,

597,000 lightful situation, compared with pestilen

Benares,

530,000 tial Rome, where the mortality is less.

Kio,

520,000 The population of Naples is nearly three times that of the ancient mistress of the

Sou-tcheou,

500,000 world.—Brussels. The average mortality

Hoang-tcheol,

500,000 is very great, being 1 in 26.--- Amsterdam. The 40th in the list is Berlin, with 193,000 The population of this once great city is inhabitants, and the last Bristol, with decreased, in consequence of declining 87,000. Of the hundred cities, 2 contain commerce and political changes. And it 1,500,000; 2 upwards of 1,000,000; 9 is not a little curious, as well as melan- from 500,000 to 1,000,000 ; 23 from choly, to observe that its mortality has 200,000 to 500,000 ; 56 from 100,000 to increased with the progress of decay. In 200,000; and 6 from 87,000 to 100,000. 1777, the ratio of mortality was 1 in 27- 58 are in Asia, and 32 in Europe; of a period when - Amsterdam was one of which 4 are in Germany, 4 in France, 5 the healthiest as well as one of the most in Italy, 8 in England, and 3 in Spain. flourishing cities of Europe. The deaths The remaining 10 are divided between have now increased to 1 in 24, and Am- Africa and America. sterdam is one of the least healthy

as well Cities, in a moral point of view. Much as least prosperous seaports of Europe. has been said, written and preached A decree has been issued, that after the against the immorality of large cities, and 1st of January, 1829, no burials shall be the fact cannot be denied; but immoralipermitted in towns or churches through- ty is not confined to them. out North Holland. Stockholm. Drunk- vices of small places, though less glaring, enness appears here, as at Berlin, to pro- are, perhaps, equally injurious; making duce a large share of the mortality. În a up in constant repetition for their comparrecent year, this city exhibited a singular atively less degree of noxiousness. It is instance of an excess of 1439 more deaths much more difficult, moreover, to prethan birthsa symptom which it is pain- serve one of the most important possesful to observe in a brave and industrious sions, independence of character, in a people. This disproportion existed par- smalí place than in a large one. The cry ricularly amongst the garrison, and is against the immorality of large cities

19

a

The petty

VOL. III.

should not make us forget the many great prey upon birds and small animals, and and admirable things which mankind may be considered as forming the transihave been enabled to perform by means 'tion from the musteline or marten kind of the collected strength of talents and re- to the feline race. The genus has been sources combined in large cities, and their divided into two sub-genera by naturalists, influence in forming the character of great the first comprising the true civets, those men, who could not have acquired, else- having the pouch large and well marked; where, their variety of accomplishment, the second including the genets, in which and the well-proportioned cultivation of there is a simple depression, instead of their various faculties. At the same time, a pouch. Two species of the first, and we must allow that it is a very injurious eight of the second, are at present known. policy to strip a whole country of all which Their individual peculiarities may be seen illustrates and ennobles it, in order to swellin Desmarest's Mammalogy, p. 205. The the treasures of the capital

. (See Capital) odoriferous substance which these animals Ciudad, and CIVIDAD, in geography, the yield, called, from them, civet, when good, Spanish word for city, from the Latin civi- is of a clear yellowish or brown color, and tas, appears in many names of Spanish of about the consistence of butter: when places; as, Ciudad-de-las-Palmas, or Pal- undiluted, the smell is powerful and very mas (capital of the island of Grand Canary), offensive, but, when largely diluted with Cividad-Real, &c.

oil or other materials, it becomes an agreeCIDAD-RODRIGO (anciently, Lancia, or able perfume. At a time when perfumes Mirobriga); a fortress in Spain, in Leon, on were more fashionable than they are at the river Aguada ; 45 miles S.S. W. Sala- present, civet was very highly esteemed, manca; lon. 6° 33 W.; lat. 40° 25' N.: being, by many, even preferred to musk. population, 11,000. It is a bishop's see. Young civet cats were purchased by the It was built by Ferdinand II, as a rampart drug dealers of Holland, England, &c., as against Portugal, from which it is only we are informed by Lemery, and brought about eight miles distant. The fort, con- up tame for the sake of the civet, “ so that taining 6000 men, was surrendered to the a cat which is large and gentle may come French under Masséna, July 10, 1810, hav- to be valued at between four and eight ing been bombarded 25 days; and, Jan. 19, pounds sterling.” M. Pomet, in his history 1812, it was taken by storm by the British, of drugs, relates that he was presented by under lord Wellington, after a siege of 11 a friend with a civet-cat, obtained in Chidays. The cortes gave Wellington the title na in 1683. Having kept this creature of duke of Ciudad-Rodrigo, and the rank of some days, I perceived that the walls and a grandee of Spain, of the first class. bars that enclosed it were covered with

Civet (viverra, Lin.); a genus of carniv- unctuous moisture, thick, and very brown, orous mammiferous quadrupeds, natives of a very strong and disagreeable smell

, so of the torrid regions of the ancient conti- that, during all the time I kept this animal, nent, particularly distinguished by having I took care to gather the civet out of the a secretory apparatus, which forms a pow- pouch every other day, not without some erfully odorous matter, known by the name trouble and hazard, because it put the of civet. In general appearance, the spe- creature to some pain or apprehension of cies of this genus remind one of the fox, it; and, having done so for months, I had which they also resemble in habits; but about the quantity of an ounce and a half; the tail is long, hairy and cylindrical, and but it is certain, that, if the necessary care the claws, though by no means so acute had been taken, and the beast could be as those of the cat, are still partially re- hindered from rubbing itself, I might have tractile, or cat-like. The resemblance of got a great deal more.” The medical the viverra to the feline race is increased virtues once attributed to the civet were by the pupils of the eyes, which contract numerous and various; but, in course of in a straight line, and by the color of the time, it has been entirely laid aside, even skin, which most species have banded or as a perfume; so that, at this time, the spotted with black upon a deep yellow or words of the dramatist, “ Give me an dun-colored ground. The tongue is ounce of civet, good apothecary, to sweeten studded with stout, horny prickles, and the my imagination,” might be frequently reears are of middling size, straight, and peated, even in our large cities, with slight rounded at their tips. The pouch, situat- probability of obtaining the article. ed near the genitals, is a deep bag, some- Civic ČROWN; among the Romans, the times divided into two cavities, whence a highest military reward, assigned to him thick, oily, and strongly musk-like fluid is who had preserved the life of a citizen. poured out. They are nocturnal, and It bore the inscription Ob civem servatum,

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and was made of oak leaves. He who the goods of his late kinsman or benefacwas rescued offered it, at the command tor. In the redress of private wrongs, of his leader, to his preserver, whom he compensations and fines were substituted was bound to honor afterwards as a father. for the obsolete rigor of the twelve tables, Under the emperors, it was bestowed only time and space were annihilated by fanby them. Various marks of honor were ciful suppositions, and the plea of youth, also connected with it. The person who or fraud, or violence, annulled the obligareceived the crown wore it in the theatre, tion or excused the performance of an inand sat next the senators. When he came convenient contract. A jurisdiction thus in, all the assembly rose up, as a mark of vague and arbitrary was exposed to the respect. The senate granted to Augustus, most dangerous abuse. But the errors or as a particular mark of honor, that a civic vices of each pretor expired with his ancrown should be placed on the pediment nual office; and such maxims alone as of his house, between two wreaths of lau- had been approved by reason and pracrel, as a sign that he was the constant tice were copied by succeeding judges." preserver of his fellow-citizens and the The pretors made an annual declaration, conqueror of his enemies. Similar honors at the commencement of their term of were also granted to Claudius.

office, of the principles according to which Civil Law.-1. The Romans under- they intended to administer justice (edicstood by this term nearly the same as, in tum prætoris). This was publicly exposed modern times, is implied by the phrase on a table (album), and uniformity was positive law, that is, the rules of right maintained in the series of pretorian established by any government. They edicts by the legal spirit of the nation. contradistinguished it from natural law Under the emperor Adrian, a new publi(jus naturale), by which they meant a cation of the pretorian edict, unalterable certain natural order, followed by all liv- from that time (edictum perpetuum), took ing beings (animals even not excepted), place, respecting the real extent of which also from the general laws of mankind, scholars do not agree. The whole body established by the agreement of all nations of rules and remedies established by the and governments (jus gentium). In this pretors, whose jurisdiction resembled, in sense, therefore, it embraced the whole some respects, that of the courts of equity system of Roman law, both the private law of England and the U. States, was called (jus privatum), which relates to the vari- jus honorarium, and was opposed to the ous legal relations of the different mem- strict formal law (jus civile). (See the next bers of the state, the citizens, and the paragraph of this article. III. The Ropublic law (jus publicum), that is, the man law, in the shape which it assumed rules respecting the limits, rights, obliga- after the whole was digested in the 6th tions, &c., of the public authorities.- II. century A. D., under the emperor JustinAs, however, the laws of any state, partic- ian, was fully and formally admitted as ularly such a one as Rome, can rest only binding in only a small part of Italy; but in part on positive and special decrees, both here and in the other ancient portions and must always be developed, in a great of the empire, it retained great influence, measure, by the customs, and religious even after the Teutonic tribes had estaband philosophical opinions of the nation, lished new governments in the territories and the decisions of the courts, further which had been under the dominion of distinctions soon grew up. The supreme Rome. In the south of France, the coladministration of justice in Rome was in lection of imperial decrees and decisions the hands of the pretors; and these officers, which Theodosius II (A. D. 438) had on account of the paucity of positive enact- prepared, remained valid, also, under the ments, snon acquired the power of supply- Goths. Savigny's History of the Roman ing their deficiencies. To quote the words Law in the Middle Ages (Heidelberg, 1822 of Gibbon—"The art of respecting the et seq., 4 vols.) exhibits great research into name and eluding the efficacy of the laws the subject of the continuance and the rewas improved by successive pretors; and vival of this law. After the 11th century, where the end was sa :itary, the means Upper Italy, particularly the school of were frequently absurd. The secret or Bologna, became the point where the probable wish of the dead was suffered to body of the Roman law, put together by prevail over the order of succession and the emperor Justinian, was formed by the forms of testaments, and the claimant degrees into a system applicable to the who was excluded from the character of wants of all nations. This system was heir, accepted, with equal pleasure, from introduced into almost all the countries of an indulgent pretor, the possession of Europe, because the want of a well-di

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gested body of law was seriously felt. of many institutions and modes of action, After this model the ecclesiastical and which might have borne noble fruits.-In papal decrees were arranged, and, to a considering the history of the civil law, as, considerable degree, the native laws of the in fact, of any system of law which has new Teutonic states. From all these the sprung from the wants of the people Roman law was distinguished, under the among whom it grew up, we must take name of civil law. In this respect, there- into view the public law and political hisfore, civil law means (ancient) Roman law; tory of the state, and the growth of its it is contradistinguished from canon law civilization. The commencement of the (q. v.) and feudal law, though the feudal history of Rome offers little that is origicodes of the Lombards have been received nal. Its institutions were such as existed into the corpus juris civilis. (Respecting in all the neighboring states. Greek views the present form of the collections of Ro- predominated throughout. The royal auman law, see the article Corpus Juris).- thority fell in Rome, as it had fallen in all IV. As the Roman code exerted the great- the Greek governments, and the division est influence on the private law of modern of the nation into a hereditary body of Europe, the expression civil law is also nobles, and a comparatively powerless used to embrace all the rules relating to community of citizens, gave rise to nuthe private rights of citizens. Under the merous and lasting struggles. The real term civil law, therefore, on the continent character of the internal constitution of of Europe, is to be understood, not only Rome will afford, even after the ingenious the Roman law, but also the modern pri- and deep researches of Niebuhr, in his vate law of the various countries; e. g., in Roman History, ample opportunity for Germany, Das gemeine Deutsche Privat- learned investigation. If manly firmness recht; in France, the Code civil des Fran- (virtus) constituted the beau ideal of a gençais, or Code Napoléon. In this sense, it uine Roman, the same quality was the basis is chiefly opposed to criminal law, partic- of the Roman laws. These laws did not ularly in reference to the administration consider the individual principally in his of justice, which is to be divided into civil connexion with others, like the ancient justice and criminal justice. Having made German laws, which give a value to the these few remarks on the name and char- individual chiefly as a member of a famacter of the civil law, we shall now pro- ily or a community, but, at an early peceed to a more particular account of its riod, treated every one as an independent history.

member of society, the head of a family, The history of the Roman law, em- free from the restraints of relationship, or bracing its gradual developement, its final membership of corporations. Institutions completion under the latter emperors, like those of the Germans, recognising a particularly under Justinian, and the great property common to a family or a corpoeffects which it has exerted even down ration, hereditary or entailed, a body of to the present period in Europe, is a most attendants attached to the lord, feudal serinteresting and important subject. Rome vices, unequal right of inheritance among may be said to have thrice conquered the children, &c., are not to be found in the world, namely, by its arms, by its laws, civil law. The relation between patriand by the decrees promulgated from the cians and plebeians, between patrons and papal chair. The dominion of its laws clients, was very different from the feudal has been the best founded and the most connexion. The expulsion of the kings extensive. The Roman laws may be for- was at first of advantage only to the mally abolished, but their influence can higher classes of citizens (A. U. C. 245),

Their effect is as perma- but, only 15 years afterwards (A. U. Ć. nent as that of Grecian art. At the same 260), these were obliged to grant to the time, it is not to be denied, that the intro- other citizens the college of the tribunes duction of the civil law has, in the case and the right of holding deliberative asof several nations, obstructed the devel- semblies, which opened the way for the opement of their own peculiar systems of great compact of the twelve tables, drawn law, and in this respect produced evil up by patrician decemyirs (A. U. C. 303, consequences; but such is the nature 304), which the ancients considered as of great agents which are beyond the establishing equality of rights, though it control of human power. An acquaint- was not till some years afterwards, that ance with a more perfect language, a the patricians and plebeians were allowed more beautiful style of art, and, we might to conclude valid marriages with each even say, with a purer religion, has like- Other (lex Canuleia, A.U. C. 309); and not wise prevented the growth or completion till a much later period were plebeians capable of being elected consuls (A.U.C. the provinces of the two were so sepa387). An important point of that funda- rated, that each one passed decrees only mental law or charter, if we may give it a upon its own affairs and relations; but modern name, was the establishment of very soon it became necessary to acknowlsuch an order of legal procedure, that the edge mutually a common authority (lex poorer class of citizens, and particularly Hortensia, A. U.C.468). However, as long those living without the city, should not, as Rome remained a republic, the interas had been too often the case, suffer from ference of the senate in the enactment of their causes being hurried through the laws was comparatively rare. After the courts. Another important point was the great internal convulsions had broken out, settlement of the

never cease.

legal independence of the conquerors endeavored to establish their the individual. Eighty years after the authority more firmly, and to gain the faplebeians had been made capable of being vor of the people, by making imporelected to the consulship, the senate was tant reforms in the laws, particularly obliged to acknowledge the validity of the those which concerned the punishment of people's decrees (plebis-scita), by the lex crimes and political offences, the regulaHortensia (A. U. C. 468); and, from tion of legal processes, and some abuses in the first appointment of a prætor urbanus the public administration. This was done (A. U. c. 367), it was customary, as we by Sylla (leges Cornelia, A. U. C. 673), have already said, for this officer to give by Cæsar (A. U. C. 708—710), but much public notice, annually, at the beginning more by Augustus, in whom, from the of his term of office, of the principles ac- year of Rome 723, the power of all the cording to which he intended to decide branches of government, and the direction the cases that should fall within his juris- of the senate and of the meetings of citidiction. These edicts of the pretors, in zens were united (leges Juliæ). To the laws, which the same rules, with few excep- strictly so called, previously customary tions, were uniformly adopted, were a (the leges, approved by the citizens), and better means of keeping the system of the decrees of the senate, now were added laws in a constant state of developement, the special ordinances (constitutiones) of than special decrees would have been the emperors, besides which the pretors By this means, there grew up, besides the in Rome and in the provinces still retainpositive law (jus civile, in the stricter sense ed the right of contributing, by their of the word), a whole body of acknowl- edicts, to the developement of the legal edged principles, a common law (jus hon- system. As soon, however, as the monarorarium), which supplied the chasms of chical government became settled, the the positive ordinances, mitigated their forms of the republic gradually disappearseverity, or paved the way for the neces- ed. In the reign of Tiberius (A. U. C. sary reforms. Though the ancients, e. g., 767–790, A. D. 14—37), no leges are to Cicero, mention the great accumulation be found after the year 777, and, 200 years of these positive laws, yet their number, later, the senatus consulta, also, merged at least as far as respected private rights, entirely in the imperial decrees, constituappears very small, compared with the tions and rescripts. The annual edicts of laws of modern times. It was only as it the pretors, till then customary, were colregarded the regulation of public relations lected under Adrian (A. U.C. 884, A. D. that there existed in the time of the re- 131), by the jurisconsult Salvius Juliapublic such a mass of laws, that Cæsar nus, into a form which was made unthought it a meritorious work to bring changeable, called the edictum perpetuum. them into a system. But it ought not to It is worthy of remark, that though, after be forgotten, that the necessity which ex- Augustus, the most absolute despotism isted at that time, of impressing the whole had become established in all public relabody of decisions on the memory of the tions, and the penal laws had been made lawyer, made the mass become trouble- mere instruments of despotism, this very some much sooner than it would if there time is the most brilliant period of the had been collections of laws, abridgments, scientific developement of the civil law. digests, registers, &c. For the purpose This period begins with Augustus, but of making legislative enactments, there the brightest part of it falls under thé Anexisted in the republic two concurrent tonines (from 23 B. C. until 180 A. D.) authorities

the meeting of the citizens and one or two succeeding emperors. (plebs, under the tribunes, in comitiis tribue- The great names of Caius, Papinian, Ultis, whose resolutions are called plebis- pian, Paulus, belong to this last period. scita), and the senate (whose decrees are When the political privileges of the citicalled senatus consulta). In the beginning, zen had no guarantee but the good dispo

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