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Protestants and Jews, it is only 1 in 48, which is attributed to their greater affluence.-Rome. From a recently discovered fragment of Cicero (De Republica), an intimation is conveyed that the neighborhood of Rome has been always unhealthy. Speaking of the choice of situation made by Romulus, he observes locum delegit in regione pestilente salubrem. The population appears to have been gradually decreasing till the last peace, which has greatly revived it. In 1800, there were 150,000 souls; in 1810, only 123,000. Within a few years, it has gained 10,000. The annual mortality is about 1 in 25. There can be little doubt that the force of the aguish disposition of Rome might be considerably weakened by steady and well-directed efforts, supported by a proportionate capital; but it is to be feared that such a combination of circumstances will not readily meet at Rome. In 1816, 17 out of the 22 French students were attacked with intermittent fevers. The Villa Medici, in which they reside, was formerly healthy; but water, brought at a great expense to embellish the garden, had been suffered to stagnate there.-Naples. The annual mortality here is 1 in 23; a fact that one would not have expected in such a delightful situation, compared with pestilential Rome, where the mortality is less. The population of Naples is nearly three times that of the ancient mistress of the world.-Brussels. The average mortality is very great, being 1 in 26.-Amsterdam. The population of this once great city is decreased, in consequence of declining commerce and political changes. And it is not a little curious, as well as melancholy, to observe that its mortality has increased with the progress of decay. In 1777, the ratio of mortality was 1 in 27a period when Amsterdam was one of the healthiest as well as one of the most flourishing cities of Europe. The deaths have now increased to 1 in 24, and Amsterdam is one of the least healthy as well as least prosperous seaports of Europe. A decree has been issued, that after the 1st of January, 1829, no burials shall be permitted in towns or churches throughout North Holland.-Stockholm. Drunkenness appears here, as at Berlin, to produce a large share of the mortality. In a recent year, this city exhibited a singular instance of an excess of 1439 more deaths than births-a symptom which it is painful to observe in a brave and industrious people. This disproportion existed particularly amongst the garrison, and is

VOL. III.

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ascribed to the immoderate use of brandy. Our authority affirms that this vice destroys the happiness and prosperity of Sweden more effectually than any war has ever done.

The medical police of large cities deserves particular attention, because the health of multitudes depends upon the care which is taken by the magistrates to remove the causes of disease which originate in a great population. Knowledge of this branch of medical science can be obtained only by attentive observation, and the study of the different health-regulations of large cities under governments which have paid particular attention to it.

Cities, in geography. A late German publication gives a statement of the hundred most populous cities in the world. Among these are

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The 40th in the list is Berlin, with 193,000 inhabitants, and the last Bristol, with 87,000. Of the hundred cities, 2 contain 1,500,000; 2 upwards of 1,000,000; 9 from 500,000 to 1,000,000; 23 from 200,000 to 500,000; 56 from 100,000 to 200,000; and 6 from 87,000 to 100,000. 58 are in Asia, and 32 in Europe; of which 4 are in Germany, 4 in France, 5 in Italy, 8 in England, and 3 in Spain. The remaining 10 are divided between Africa and America.

Cities, in a moral point of view. Much has been said, written and preached against the immorality of large cities, and the fact cannot be denied; but immorality is not confined to them. The petty vices of small places, though less glaring, are, perhaps, equally injurious; making up in constant repetition for their comparatively less degree of noxiousness. It is much more difficult, moreover, to preserve one of the most important possessions, independence of character, in a small place than in a large one. The cry against the immorality of large cities

should not make us forget the many great and admirable things which mankind have been enabled to perform by means of the collected strength of talents and resources combined in large cities, and their influence in forming the character of great men, who could not have acquired, else where, their variety of accomplishment, and the well-proportioned cultivation of their various faculties. At the same time, we must allow that it is a very injurious policy to strip a whole country of all which illustrates and ennobles it, in order to swell the treasures of the capital. (See Capital.) CIUDAD, and CIVIDAD, in geography, the Spanish word for city, from the Latin civitas, appears in many names of Spanish places; as, Ciudad-de-las-Palmas, or Palmas (capital of the island of Grand Canary), Cividad-Real, &c.

CIUDAD-RODRIGO (anciently, Lancia, or Mirobriga); a fortress in Spain, in Leon, on the river Aguada; 45 miles S.S. W. Salamanca; lon. 6° 33′ W.; lat. 40° 25′ N.: population, 11,000. It is a bishop's see. It was built by Ferdinand II, as a rampart against Portugal, from which it is only about eight miles distant. The fort, containing 6000 men, was surrendered to the French under Masséna, July 10, 1810, having been bombarded 25 days; and, Jan. 19, 1812, it was taken by storm by the British, under lord Wellington, after a siege of 11 days. The cortes gave Wellington the title of duke of Ciudad-Rodrigo, and the rank of a grandee of Spain, of the first class.

CIVET (viverra, Lin.); a genus of carnivorous mammiferous quadrupeds, natives of the torrid regions of the ancient continent, particularly distinguished by having a secretory apparatus, which forms a powerfully odorous matter, known by the name of civet. In general appearance, the species of this genus remind one of the fox, which they also resemble in habits; but the tail is long, hairy and cylindrical, and the claws, though by no means so acute as those of the cat, are still partially retractile, or cat-like. The resemblance of the viverra to the feline race is increased by the pupils of the eyes, which contract in a straight line, and by the color of the skin, which most species have banded or spotted with black upon a deep yellow or dun-colored ground. The tongue is studded with stout, horny prickles, and the ears are of middling size, straight, and rounded at their tips. The pouch, situated near the genitals, is a deep bag, sometimes divided into two cavities, whence a thick, oily, and strongly musk-like fluid is poured out. They are nocturnal, and

prey upon birds and small animals, and may be considered as forming the transition from the musteline or marten kind to the feline race. The genus has been divided into two sub-genera by naturalists, the first comprising the true civets, those having the pouch large and well marked; the second including the genets, in which there is a simple depression, instead of a pouch. Two species of the first, and eight of the second, are at present known. Their individual peculiarities may be seen in Desmarest's Mammalogy, p. 205. The odoriferous substance which these animals yield, called, from them, civet, when good, is of a clear yellowish or brown color, and of about the consistence of butter: when undiluted, the smell is powerful and very offensive, but, when largely diluted with oil or other materials, it becomes an agreeable perfume. At a time when perfumes were more fashionable than they are at present, civet was very highly esteemed, being, by many, even preferred to musk. Young civet cats were purchased by the drug dealers of Holland, England, &c., as we are informed by Lemery, and brought up tame for the sake of the civet, "so that a cat which is large and gentle may come to be valued at between four and eight pounds sterling." M. Pomet, in his history of drugs, relates that he was presented by a friend with a civet-cat, obtained in China in 1683. Having kept this creature some days, I perceived that the walls and bars that enclosed it were covered with unctuous moisture, thick, and very brown, of a very strong and disagreeable smell, so that, during all the time I kept this animal, I took care to gather the civet out of the pouch every other day, not without some trouble and hazard, because it put the creature to some pain or apprehension of it; and, having done so for months, I had about the quantity of an ounce and a half; but it is certain, that, if the necessary care had been taken, and the beast could be hindered from rubbing itself, I might have got a great deal more." The medical virtues once attributed to the civet were numerous and various; but, in course of time, it has been entirely laid aside, even as a perfume; so that, at this time, the words of the dramatist, "Give me an ounce of civet, good apothecary, to sweeten my imagination," might be frequently repeated, even in our large cities, with slight probability of obtaining the article.

CIVIC CROWN; among the Romans, the highest military reward, assigned to him who had preserved the life of a citizen. It bore the inscription Ob civem servatum,

and was made of oak leaves. He who was rescued offered it, at the command of his leader, to his preserver, whom he was bound to honor afterwards as a father. Under the emperors, it was bestowed only by them. Various marks of honor were also connected with it. The person who received the crown wore it in the theatre, and sat next the senators. When he came in, all the assembly rose up, as a mark of respect. The senate granted to Augustus, as a particular mark of honor, that a civic crown should be placed on the pediment of his house, between two wreaths of laurel, as a sign that he was the constant preserver of his fellow-citizens and the conqueror of his enemies. Similar honors were also granted to Claudius.

CIVIL LAW.-I. The Romans understood by this term nearly the same as, in modern times, is implied by the phrase positive law, that is, the rules of right established by any government. They contradistinguished it from natural law (jus naturale), by which they meant a certain natural order, followed by all living beings (animals even not excepted), also from the general laws of mankind, established by the agreement of all nations and governments (jus gentium). In this sense, therefore, it embraced the whole system of Roman law, both the private law (jus privatum), which relates to the various legal relations of the different members of the state, the citizens, and the public law (jus publicum), that is, the rules respecting the limits, rights, obligations, &c., of the public authorities.-II. As, however, the laws of any state, particularly such a one as Rome, can rest only in part on positive and special decrees, and must always be developed, in a great measure, by the customs, and religious and philosophical opinions of the nation, and the decisions of the courts, further distinctions soon grew up. The supreme administration of justice in Rome was in the hands of the pretors; and these officers, on account of the paucity of positive enactments, son acquired the power of supplying their deficiencies. To quote the words of Gibbon-The art of respecting the name and eluding the efficacy of the laws was improved by successive pretors; and where the end was salutary, the means were frequently absurd. The secret or probable wish of the dead was suffered to prevail over the order of succession and the forms of testaments, and the claimant who was excluded from the character of heir, accepted, with equal pleasure, from an indulgent pretor, the possession of

the goods of his late kinsman or benefactor. In the redress of private wrongs, compensations and fines were substituted for the obsolete rigor of the twelve tables, time and space were annihilated by fanciful suppositions, and the plea of youth, or fraud, or violence, annulled the obligation or excused the performance of an inconvenient contract. A jurisdiction thus vague and arbitrary was exposed to the most dangerous abuse. But the errors or vices of each pretor expired with his annual office; and such maxims alone as had been approved by reason and practice were copied by succeeding judges." The pretors made an annual declaration, at the commencement of their term of office, of the principles according to which they intended to administer justice (edictum prætoris). This was publicly exposed on a table (album), and uniformity was maintained in the series of pretorian edicts by the legal spirit of the nation. Under the emperor Adrian, a new publication of the pretorian edict, unalterable from that time (edictum perpetuum), took place, respecting the real extent of which scholars do not agree. The whole body of rules and remedies established by the pretors, whose jurisdiction resembled, in some respects, that of the courts of equity of England and the U. States, was called jus honorarium, and was opposed to the strict formal law (jus civile). (See the next paragraph of this article.)-III. The Roman law, in the shape which it assumed after the whole was digested in the 6th century A. D., under the emperor Justinian, was fully and formally admitted as binding in only a small part of Italy; but both here and in the other ancient portions of the empire, it retained great influence, even after the Teutonic tribes had established new governments in the territories which had been under the dominion of Rome. In the south of France, the collection of imperial decrees and decisions which Theodosius II (A. D. 438) had prepared, remained valid, also, under the Goths. Savigny's History of the Roman Law in the Middle Ages (Heidelberg, 1822 et seq., 4 vols.) exhibits great research into the subject of the continuance and the revival of this law. After the 11th century, Upper Italy, particularly the school of Bologna, became the point where the body of the Roman law, put together by the emperor Justinian, was formed by degrees into a system applicable to the wants of all nations. This system was introduced into almost all the countries of Europe, because the want of a well-di

of many institutions and modes of action, which might have borne noble fruits.-In considering the history of the civil law, as, in fact, of any system of law which has sprung from the wants of the people among whom it grew up, we must take into view the public law and political history of the state, and the growth of its civilization. The commencement of the history of Rome offers little that is original. Its institutions were such as existed in all the neighboring states. Greek views predominated throughout. The royal au

gested body of law was seriously felt. After this model the ecclesiastical and papal decrees were arranged, and, to a considerable degree, the native laws of the new Teutonic states. From all these the Roman law was distinguished, under the name of civil law. In this respect, therefore, civil law means (ancient) Roman law; it is contradistinguished from canon law (q. v.) and feudal law, though the feudal codes of the Lombards have been received into the corpus juris civilis. (Respecting the present form of the collections of Roman law, see the article Corpus Juris).—thority fell in Rome, as it had fallen in all IV. As the Roman code exerted the greatest influence on the private law of modern Europe, the expression civil law is also used to embrace all the rules relating to the private rights of citizens. Under the term civil law, therefore, on the continent of Europe, is to be understood, not only the Roman law, but also the modern private law of the various countries; e. g., in Germany, Das gemeine Deutsche Privatrecht; in France, the Code civil des Français, or Code Napoléon. In this sense, it is chiefly opposed to criminal law, particularly in reference to the administration of justice, which is to be divided into civil justice and criminal justice. Having made these few remarks on the name and character of the civil law, we shall now proceed to a more particular account of its history.

The history of the Roman law, embracing its gradual developement, its final completion under the latter emperors, particularly under Justinian, and the great effects which it has exerted even down to the present period in Europe, is a most interesting and important subject. Rome may be said to have thrice conquered the world, namely, by its arms, by its laws, and by the decrees promulgated from the papal chair. The dominion of its laws has been the best founded and the most extensive. The Roman laws may be formally abolished, but their influence can never cease. Their effect is as permanent as that of Grecian art. At the same time, it is not to be denied, that the introduction of the civil law has, in the case of several nations, obstructed the developement of their own peculiar systems of law, and in this respect produced evil consequences; but such is the nature of great agents which are beyond the control of human power. An acquaintance with a more perfect language, a more beautiful style of art, and, we might even say, with a purer religion, has likewise prevented the growth or completion

the Greek governments, and the division
of the nation into a hereditary body of
nobles, and a comparatively powerless
community of citizens, gave rise to nu-
merous and lasting struggles. The real
character of the internal constitution of
Rome will afford, even after the ingenious
and deep researches of Niebuhr, in his
Roman History, ample opportunity for
learned investigation. If manly firmness
(virtus) constituted the beau ideal of a gen-
uine Roman, the same quality was the basis
of the Roman laws. These laws did not
consider the individual principally in his
connexion with others, like the ancient
German laws, which give a value to the
individual chiefly as a member of a fam-
ily or a community, but, at an early pe-
riod, treated every one as an independent
member of society, the head of a family,
free from the restraints of relationship, or
membership of corporations. Institutions
like those of the Germans, recognising a
property common to a family or a corpo-
ration, hereditary or entailed, a body of
attendants attached to the lord, feudal ser-
vices, unequal right of inheritance among
children, &c., are not to be found in the
civil law. The relation between patri-
cians and plebeians, between patrons and
clients, was very different from the feudal
connexion. The expulsion of the kings
was at first of advantage only to the
higher classes of citizens (A. U. C. 245),
but, only 15 years afterwards (A. U. C.
260), these were obliged to grant to the
other citizens the college of the tribunes
and the right of holding deliberative as-
semblies, which opened the way for the
great compact of the twelve tables, drawn
up by patrician decemvirs (A. U. C. 303,
304), which the ancients considered as
establishing equality of rights, though it
was not till some years afterwards, that
the patricians and plebeians were allowed
to conclude valid marriages with each
other (lex Canuleia, A. U. C. 309); and not
till a much later period were plebeians

capable of being elected consuls (A. U. C. 387). An important point of that fundamental law or charter, if we may give it a modern name, was the establishment of such an order of legal procedure, that the poorer class of citizens, and particularly those living without the city, should not, as had been too often the case, suffer from their causes being hurried through the courts. Another important point was the settlement of the legal independence of the individual. Eighty years after the plebeians had been made capable of being elected to the consulship, the senate was obliged to acknowledge the validity of the people's decrees (plebis-scita), by the lex Hortensia (A. U. C. 468); and, from the first appointment of a prætor urbanus (A. U. C. 367), it was customary, as we have already said, for this officer to give public notice, annually, at the beginning of his term of office, of the principles according to which he intended to decide the cases that should fall within his jurisdiction. These edicts of the pretors, in which the same rules, with few exceptions, were uniformly adopted, were a better means of keeping the system of laws in a constant state of developement, than special decrees would have been. By this means, there grew up, besides the positive law (jus civile, in the stricter sense of the word), a whole body of acknowledged principles, a common law (jus honorarium), which supplied the chasms of the positive ordinances, mitigated their severity, or paved the way for the necessary reforms. Though the ancients, e. g., Cicero, mention the great accumulation of these positive laws, yet their number, at least as far as respected private rights, appears very small, compared with the laws of modern times. It was only as it regarded the regulation of public relations that there existed in the time of the republic such a mass of laws, that Cæsar thought it a meritorious work to bring them into a system. But it ought not to be forgotten, that the necessity which existed at that time, of impressing the whole body of decisions on the memory of the lawyer, made the mass become troublesome much sooner than it would if there had been collections of laws, abridgments, digests, registers, &c. For the purpose of making legislative enactments, there existed in the republic two concurrent authorities the meeting of the citizens (plebs, under the tribunes, in comitiis tributis, whose resolutions are called plebisscita), and the senate (whose decrees are called senatus consulta). In the beginning,

the provinces of the two were so separated, that each one passed decrees only upon its own affairs and relations; but very soon it became necessary to acknowledge mutually a common authority (lex Hortensia, A. U. C.468). However, as long as Rome remained a republic, the interference of the senate in the enactment of laws was comparatively rare. After the great internal convulsions had broken out, the conquerors endeavored to establish their authority more firmly, and to gain the favor of the people, by making important reforms in the laws, particularly those which concerned the punishment of crimes and political offences, the regulation of legal processes, and some abuses in the public administration. This was done by Sylla (leges Cornelia, A. U. C. 673), by Cæsar (A. U. C. 708-710), but much more by Augustus, in whom, from the year of Rome 723, the power of all the branches of government, and the direction of the senate and of the meetings of citizens were united (leges Julia). To the laws, strictly so called, previously customary (the leges, approved by the citizens), and the decrees of the senate, now were added the special ordinances (constitutiones) of the emperors, besides which the pretors in Rome and in the provinces still retained the right of contributing, by their edicts, to the developement of the legal system. As soon, however, as the monarchical government became settled, the forms of the republic gradually disappeared. In the reign of Tiberius (A. U. C. 767-790, A. D. 14-37), no leges are to be found after the year 777, and, 200 years later, the senatus consulta, also, merged entirely in the imperial decrees, constitutions and rescripts. The annual edicts of the pretors, till then customary, were collected under Adrian (A. U. C. 884, A. D. 131), by the jurisconsult Salvius Julianus, into a form which was made unchangeable, called the edictum perpetuum. It is worthy of remark, that though, after Augustus, the most absolute despotism had become established in all public relations, and the penal laws had been made mere instruments of despotism, this very time is the most brilliant period of the scientific developement of the civil law. This period begins with Augustus, but the brightest part of it falls under the Antonines (from 23 B. C. until 180 A. D.) and one or two succeeding emperors. The great names of Caius, Papinian, Ulpian, Paulus, belong to this last period. When the political privileges of the citizen had no guarantee but the good dispo

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