Imatges de pÓgina
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sition of the emperors, which often proved lawyers had fallen in his time a state of a very imperfect security, the laws which things, in some respects, not unlike the regulated the relative rights of individ- present state of law in England, from uals, and protected them from mutual similar reasons. The public administrawrong, were continually approaching per- tion, at least as far as regarded its external fection. This subject deserves a more form, had been reduced into tolerable thorough investigation than it has yet re- order since the time of Diocletian and ceived. All legal relations were expressed Constantine. Theodosius II (408_450) with admirable skill and consistency in had conceived the idea of arranging the distinct definitions, and the whole system immense mass of rules and authorities was developed from a few principles, relating to the private law, but the diffiwhich run through the whole, and the culties, on examination, were considered distinctness and simplicity of which are too great, and no sovereign till Justinian proved by the adoption of the Roman law (527—565) had the courage to meet them. among so many different nations. The He first ordered the imperial constitutions, process of developement was in so far which still remained in force, to be put historical, as it was always connected with into a new collection (codex Justinianus, an adherence to the old forms, but it was commenced in 527), and decided, in and entirely philosophical and rational, as it after the year 530, 50 legal questions, always strove to find out the real princi- which had been, till then, left doubtful. ples of rights and obligations, and to make At the same time, a systematic abridgthe formal law dependent upon them. ment of the writings of the jurisconsults After the age of the Antonines (from 180 was made by 17 commissioners, emA. D.), such a political confusion took bracing 50 books of digests or pandects, place, that the scientific spirit was lost. and an introduction to the study of jurisThe judicial system was now continued prudence was prepared (institutiones) : only by the imperial constitutions, which both works were published Dec. 30, 533, treated but rarely of private law, while and invested with legal authority. In the they entered much and often into the sub- following year, a new collection of impeject of public relations. The opinions of rial decrees (codex repetitæ prælectionis), in the ancient jurisconsults of the better pe- 12 books, was published, and from that riod were regarded almost as legal au- time another series of single decrees (13 thorities, and, to remedy the difficulties edicts and 159 novella constitutiones), by arising from their different views, it was which the Roman law may be considered provided by Valentinian III (426 A. D.), as completed, because it was deprived of that the majority of opinions should de- its capacity of further developement, and cide. The number of the constitutions left to mankind as a rich but lifeless treasbecame such, that collections of them ure. The opinions respecting this work were made, first by private persons (codex of Justinian are very various. If we conGregorianus et Hermogenianus, about 365 sider merely the practical utility of his A. D.), then an official one by Theodosius labors, as regards his age and people, it II (codex Theodosianus, 438 A. D.), in 16 will not be denied, that he conferred a books, of which the 11 last have been great benefit on his subjects, and the preserved entire; of the 5 first, however, changes themselves, which were made in only fragments are extant. The latter the existing regulations, proceeded mostly have been recently discovered at Turin from a sound view of the higher objects by Peyron, and at Milan by Clossius. of the law. The abolition of antiquated (See Hermes (a German periodical), xxv. and useless forms, the simplification of 314.) There was also an abridgment of legal relations and legal processes, must this code, made in 506, for the use of the be acknowledged to have been the princiVisigoths (the breviarium Alaricianum). pal objects of the changes made; and these Far the greater part of these decrees re- changes were executed with judgment. lates to the public law. (Jac. Godefroi If there are decrees of little value among wrote an excellent commentary on this them, these imperfections are not greatcode, which, together with the commenta- er than we find in all ancient and ry, was published by Ritter, Leipsic, 1736.) modern codes. Justinian has been párInjurious consequences necessarily result- ticularly blamed by modern jurisconsults ed from the cessation in the developement for combining into one mass, into a kind of the Roman law after the time of the of code, all the existing works on law, Antonines. It may be seen, from the which were acknowledged as authorities. expressions of Justinian, into what subtil. These critics would prefer to have the ties, what verbal and formal nicoties, the writings themselves rather than the ex

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tracts, perhaps, in some cases, perverted cations of the Roman law should be made, from their original meaning. But it is sometimes, it is true, rude and barbarous very possible, that, if it had not been for enough. Among these were the breviarithe compilation of Justinian, no part of um Alaricianum of the Visigoths, 506; the these writings would

have been preserved; lex Romana of the Burgundians, or Papiand it would seem that a beneficent prov- ani Responsa, between 517 and 534. For idence sometimes allows large masses of the Lombards, a rifacciamento of the Rohistorical knowledge to perish (as in the man law was prepared in the 8th and case of the Alexandrian collections), in Ith centuries, and thus, in the south of order to compel mankind to revert to the France and Italy, this law continued in resources of their own minds, and to lead authority uninterruptedly, as far as it was them from knowledge to wisdom. How- adapted to the new state of things. But ever this may be, the undertaking of Jus- this authority, of course, diminished in tinian was demanded by the wants of his proportion as new forms of family relaage ; and it was better to satisfy such a tions and social connexions and new spedemand, even at the expense of some im- cies and tenures of property sprang up, perfections, than to delay the necessary particularly under the feudal system, and work under the pretext of educating com- in proportion as the internal disturbances petent men for the task, and making in the different states unsettled the idea thorough inquiries; and all must admit of law in general.

But this idea was the fruit of the labor to have been a awakened again after the states had gaintreasure of legal wisdom for posterity. ed a degree of stability. People began to Our limits will not allow us to mention perceive that there was a nobler and here the different editions, abridgments firmer basis of right than mere power; and translations of the work prepared for national union gained consistency and true the Greek provinces (the Western prov- value by means of commerce and indusinces were soon lost forever). One Greek try; the lower classes demanded the exedition, of a much later date, was ordered tension of their privileges; the increasing by L. Basilius Macedo (867—886), and activity produced more solid distinctions executed under his successor, Leo the Phi- than those of birth ; the insufficiency of losopher (886–912). This was called libri the old laws began to be felt, and the Basilicorum. Of the 60 books of which it blessings of a scientific cultivation began consisted, we possess only a part; though, to be diffused, borrowed, in a considerable indeed, the greater part, published by c. degree, from the Arabians in Spain. In Hann. Fabrot (Paris, 1647, 7 vols. fol.)

, this state of things, men rose, in Upper and 4 books, which did not appear in this Italy, in the 11th century, who freed the edition, were published by Reitz, in Meer- law-books of Justinian from the obscurity mann's Thesaurus Jur., vol. v. p. 1. in which they had been buried till then,

Thus the Roman law is one original and by these means gave a new impulse and independent whole, embracing a pe- to the science of law. Imerius, towards riod of 1300 years to the time of Justinian, the end of the 11th and in the 12th cenand of 1850 years to that of the Basilica. tury, is mentioned as the first of them. It stands, in this respect, unique in his- All the nations on the European continent tory. Perhaps China, if, at some future seized eagerly upon the treasure offered period, we learn more of its history, may to them, after the model of which were afford some institution of similar duration. now digested the papal decrees, the feudal Even the downfall of the Roman empire law, and, at a later period, the Germanic has not destroyed the Roman law, but, in laws. Thousands of scholars, from all some respects, has enlarged its dominion. parts of Europe, went to Bologna and It was in forcé, before the modern govern- other cities of Italy, to study law there. ments were established, throughout the It was generally supposed, at first, that Roman empire in Europe, and when the the Roman law was applicable to the Goths, Franks, Lombards, Burgundians, whole of Christendom; but it was soon and other Teutonic tribes, erected new found out that there existed whole sysempires, not only a large part of the pub- tems of laws and legal relations, with lic law of Rome was incorporated into which the rules of the civil law would not the new constitutions, but the private law, harmonize; and the peculiarities in the also, continued to be acknowledged as organization of the tribunals of different valid among the old inhabitants. The countries were long an obstacle to the new rulers took care that, besides their formal adoption of the civil law. This different ordinances for the weal of the adoption, therefore, did not take place in Germanic tribes, abridgments and modifi- the various countries at the same time,

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nor to the same extent. In Italy and the ed wisdom of many centuries, and fursouth of France, it was introduced first nishes abundantly both examples and and most completely; at a later period, warnings. We would recommend to the and to a less degree, in the north of France reader an article

on civil law in the Amer(in the pays de droit coutumier), where it ican Jurist, No. III, July, 1829 (Boston). has never, in fact, been acknowledged as Civil List; an expression which forbinding, but only as an authority in regard merly was customary only in England, to general principles of natural law (raison but at present prevails also in Germany écrite), and still retains this degree of in- and France. As used in England, it sigfluence, notwithstanding the establishment nifies the sum which is granted to every of the Code civil. In England, it never has king, at the beginning of his reign, for the been received in the ordinary civil courts support of his court and household, of (it is, to some extent, in Scotland), ambassadors, and of the civil government but the spiritual courts have always been in general. It was once a principle in guided by it. It is therefore in force in England, as in other Teutonic nations, such cases as fall under the jurisdiction of that the monarch was to pay all the exthese courts; e. g., such as relate to last penses of government, even including wills. It is also in force in the admiralty those of the army, from the possessions courts, but in both with many modifica- of the crown, the domains (in German, tions. In Germany, the idea that the Fürstengüter), and that the subjects were emperors were the successors of the Ro- not obliged to contribute any thing more man sovereigns contributed much to ob-' than they voluntarily engaged to. From tain legal authority for the Roman law in this principle, which is proved by the histhat country; and this has been confirmed tory of the origin of the domains, it apby several laws of the empire and of the pears, that the domains, in general, cannot different states composing it. But the be considered the private property of the native laws have every where prior au- ruling family. On the contrary, they are, thority, and the Roman law can only be in general, the property of the state, and applied in cases where these make no have been given to the prince to defray provision; but all those of its rules which the expenses of government. The crown relate to institutions confined to Rome lands of the Saxon kings were very conhave no force. It is not allowed, moreo- siderable. After the Norman conquest, ver, to be applied to cases growing out of they were much increased by confiscamodern institutions, such as fiefs, primo- tion, but were soon diminished by grants. geniture, bills of exchange, nor in ques- Under Henry VIII, they were again much tions belonging to the public law. Many increased by the secularization of the cases, therefore, can happen, in which convents (there existed, at that time, in there may be much doubt whether the England, 27 mitred abbots; there were Roman law is applicable or not. Prussia also 2 priories, besides numerous other and Austria have codes; but in other Ger- convents); but the greater part of the man states, as in Saxony, there is a great possessions of the religious orders was confusion between the Roman and the squandered by this prince. William III native law. We have already observed thought it necessary to strengthen his govthat the effects of the Roman law never ernment by liberally rewarding his most would cease, and its influence is perceiva- faithful adherents, for which reason he ble in all the modern codes. We would made grants of the crown lands with such not be understood as intimating an opin- profusion that, under the government of ion that the Roman law supersedes the his successor (in 1702), a law was passed, necessity of forming new codes. These prohibiting the alienation of the domains. are desirable in many nations, on many There exist, therefore, few crown lands in accounts, and, among others, because the England, at present, and the income from Justinian code itself is not without obscu- them goes into the public treasury. Forrities, and the language in which it is merly, there were only certain annual written renders it inaccessible to the bulk contributions granted to the king for the of the people of every modern state ; but support of the government. Under Charles the welfare of a citizen depends, in a great II, the amount of the grant was first setdegree, upon correctly understanding his tled (£1,200,000). Under James II, this rights and obligations. Whether the prin- was increased to £1,900,000. The revciples of the Justinian code agree or not enue from Scotland was not comprised in with those of the English law, it must be of this sum. After the revolution of 1688, great advantage to the common lawyer to William's love of war being known and study a digest which contains the record- dreaded by his people, no appropriation

was made him for military expenses, and possessions of the king (domaine privé du
he received for defraying the expenses of roi), which the king acquires like any
the household, and the branches of the other individual, pays taxes on, and can
civil service immediately under the royal dispose of in his last will. If he, howev-
control, the sum of £700,000, and, at a er, omits to do so, all his private property
later period, £800,000. This was called falls to the domaine de l'état. Also, aïl the
the civil list. Under queen Anne, the private property which the king possessed
civil list amounted only to £691,000; un- before his accession to the throne, falls, at
der George I, at first, to £750,000, but was the moment of his accession, to the do-
increased to £850,000. George II had maine de l'état.-In Prussia, the official state-
£800,000. George III resigned all the ment of all the revenues and expenses to
hereditary crown taxes and revenues, ap- supply the ordinary wants of the state in
propriated to defray the expenses of the 1821, does not mention the civil list. The
civil list, for the sum of £800,000, which, expenses which fall under this head are
in 1777, was increased to £900,000, and defrayed by the domains, since a part of
at last, in 1812, to £1,028,000. Besides them, amounting to 2,500,000 Prussian
these grants, the debts of the civil list dollars, has been added to the property
have been paid several times by parlia- of the crown. But the greater part of the
ment. Froin 1760 to 1784, they amount- domains, amounting to 5,600,000 Prussian
ed to nearly £22,000,000. To the present dollars income annually, has been assign-
king, the first session of parliament granted ed to meet the public expenses. ,(Bosse,
£850,000 for Great Britain, and £207,000 Darstellung des staatswirthschaftlichen Zu-
for Ireland. With this sum, the expenses standes in den deutschen Bundesstaaten,
of the household, for which £250,000 are 1820, p. 505.) In Bavaria, the domains
assigned, of the ministers, the ambassa- have been mostly sold and added to the
dors, the justices of the high courts, &c., public treasury, which furnishes to the
are paid, and £60,000 of it are appro- king and his court 2,745,000 florins annu-
priated for the king's privy purse. The ally. The same plan has been followed
royal princes, besides, receive incomes in Würtemberg and Baden. In both
from the state. The sum allotted to the states, the civil lists, according to the nar-
king himself would seem very small, if he rower sense in which this phrase is un-
had not, besides, revenues which amount derstood in France, amounts to nearly
(probably without including the revenue 1,200,000 florins, which, in Würtemberg,
from Germany, formerly estimated at is increased by 200,000 florins income
£100,000) to £300,000.—În France, dur- from the court domains. If we compare
ing the revolution, certain sums were as- these sums with the amount of the finan-
signed for the support of the king and his ces of the different countries, we find
family, which civil list differed from the that in
English in so far as all the real expenses
of government were separated from it.

England, about. one 60th part,
France,

36th, For the king, according to the law of Nov.

Prussia,

21st, 8,1814, 25,000,000 livres (£1,041,000) were

Bavaria,

11th, set apart, and for the princes and the princesses, 8,000,000. To these grants

Würtemberg and Baden, one half, are to be added the royal palaces in Paris of the revenue of the country is expended (the Louvre and the Tuileries), the castles for the ruling house, and the proportion is and domains at Versailles, "Marly, St. still greater in the case of the smaller Cloud, Meudon, Rambouillet, Compiegne, governments. It is worth while to com St. Germain-en-Laye, Fontainebleau, &c., pare these sums with the modest salaries with all the valuables and works of art of the American cabinet, and the revenue appertaining to them;, likewise the man- of the Union. In some small governufactories of Sevres, Gobelins, La Savon- ments, the principle of despotism has nerie and Beauvais, which were declared gone so far as to assign to the court and inalienable possessions of the crown (do- the ruling family the income of all the tation de la couronne). The enjoyment of domains, and to throw the whole public these estates and manufactories belongs debt on the country. to the monarch, without being subject to CIVILIZATION is one of those compretaxes or any public burdens, and the ad- hensive words which are most used and ministration of them belongs to the minis- least understood. Most people take their ter of the household. Distinct from the own time, and, very often, - their own crown domains are the domains of the country, as the standard whereby they state (domaine de l'état), and the private judge the civilization of other ages and

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other countries. Whether our age has pears, from the historical sources we posreached a higher point of civilization than sess, that civilization commenced with any preceding one, is, of course, a matter the blacks; that “the blameless Ethiopiof very great doubt, but there is no doubt ans” of Homer were considered, by the that it makes louder claims to superiority Greeks, as superior beings to themselves ; in this respect than any previous period. and that the Egyptians, before they beSuch pretensions are generally the conse- came mingled with white races, were quence of ignorance of other times and people of color, or Negroesan opinion their productions. It is certainly a cir- which the learned gentleman has recently cumstance worthy of some consideration, advanced again in a public lecture. A that persons whose talents and acquire- further and highly important question rements have enabled them to take wide specting civilization, is, How far was it and penetrating views of the past and aided or produced by Christianity? Some present, have shown the least disposition persons contend that all the civilization to echo

the cry of the march of intellect. which we enjoy is owing to Christianity, The different opinions respecting civiliza- even our progress in science, &c. Others tion may be comprised under a few heads: assert the contrary, and say that history -1. Some people believe in the possibili- shows that Christianity has hardly ever ty of constant advancement, and the ulti- taken the lead in promoting civilization, mate. attainment of perfect civilization, a which, in every stage of its progress since consequence of which will be perfect the birth of Christ, has been urged on by happiness. 2. Others believe that every other causes, as the revival of learning, nation, which arrives at a marked intel- promoted by the conquest of Constantilectual developement, goes through cer- nople, the propagation of democratic notain stages of civilization, and, after reach- tions by the disbelieving philosophers of ing the highest point which it is capable France, &c., and that Christianity rather of attaining, declines; that, moreover, the accommodated itself to the effects produmarch of improvement in different na- ced by these causes. A third class believe tions shows itself in different ways, e. g., that Christianity had a great influence on by the progress of the fine arts and phi- civilization in former ages, but that its inlosophy among the Greeks, by the ad- fluence in this respect has become less, as vancement of the natural sciences and that of science has become stronger. (See the construction of great works of archi- Perfectibility.) tecture among the Egyptians, by the de- Čività, in geography, the Latin civitas, velopement of the law among the Ro- truncated in the Italian way, appears in mans, &c. 3. Some believe in a general many names of cities, as Cività Lavinia. progress of the intellect to a certain point, CIVITÀ VECCHIA (anciently, Centum after which an equally general decline Cellæ); a seaport of the popedom, in the commences, thus making the race subject patrimony of St. Peter, 27 miles N. W. to the same laws as the individual. 4. Rome; Ion. 11° 45 E.; lat. 42° 5 N.; Some persons cannot discover any regu- population, 7,111. The port was larity in the march of civilization.—How- larged and rendered commodious by Traever these different opinions may appear, jan. It is one of the best in the papal when measured by metaphysical theories, dominions, and next to Ancona in comthe second seems to be most conformable mercial importance. Here are about to history, with this qualification, howev- 6000 galley-slaves. It is the capital of the er, that the increasing communication be- delegation Cività Vecchia. tween nations has subjected many to CLAIRFAIT. (See Clerfait.) similar influences, so that the opinion is CLAIRON, Claire-Josephe-Hippolyte-Leapplicable, at present, rather to families of gris de la Tude; a celebrated French acnations than to single ones. Another tress. She evinced, when very young, subject, on which much difference of a predilection for the stage, and, adopting opinion exists, is, respecting the place the theatrical profession, soon became the where civilization originated. It is usu- first tragic performer of her age and counally said, in Asia: some inquirers, howev- try. Garrick, when he visited Paris, beer, make Ethiopia its rst seat, in support came acquainted with her, and afterwards of which opinion, various passages are testified the highest admiration of her talcited from the Greek writers. Little ents. She long remained without a rival, doubt seems to exist, that the Greeks re- and, having retired from the stage, died at ceived their civilization from Egypt. Mr. an advanced age, in 1803. She published Alexander Everett, in his work on Amer- Mémoires et Réflexions sur la Déclamation ica, goes so far as to maintain that it

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