urbanus was established A. U. C. 887, for the decision of causes between citizens. The protor peregrinus was first appointed A. U. C. 508, whose business was the deciding of causes between citizens and foreigners, or between the latter alone. The term of office was one year, and at the commencement of the term the prætor published an edict containing the rules or principles according to which he should administer the laws. The same form was doubtless used by successive prætors, with only such changes as were recommended by a continually enlarging experience. The court itself, being of the highest judicial authority, would necessarily have a large discretion, and would perhaps be restrained only by a due regard to consistency with itself. What had become established usage could not readily be departed from; but new principles might be adopted for the decision of new cases, and even a settled course of practice might be innovated upon by fictitious suggestions or ingenious distinctions. This branch of jurisprudence is the most interesting part of the Roman law. Some analogy to it may be found in the system of English chancery law, which also grew out of a like discretion, at first arbitrary, but afterward fixed by precedent, yet with a more ample liberty in cases not absolutely determined by previous adjudication than belonged to the common law courts, and in respect to forms of proceeding and modes of relief, the court having the power at all times of making its own law by general rules. The edicts of the prætors, instead of being regarded as new ordinances each year, may more properly be considered as a single edict, republished annually with some additions or alterations, and so uniform was it that it was designated by the term perpetuus; whence in the law procured by the tribune Cornelius, A. U. C. 687, it was required that the prætors should conform to their perpetual edicts (ut prætores ex edictis suis perpetuis jus dicerent), the object of which law was to prevent any changes during the term. The prætorian edict was revised by Salvius Julianus in the reign of Hadrian. The whole was rearranged; what was obsolete was omitted, and some additions made; it was then confirmed by a decree of the senate, after which time it underwent but little change. In this revision the edict of the prætor peregrinus was incorporated with that of the prætor urbanus. There were also edicts of the ædiles which related to police regulations, and of proconsuls and proprætors in the provinces. The provincial edicts must have furnished some suggestions to the city prætors, and contributed doubtless to the modification of the general edict. In the revision they were all probably consulted. The imperial council; which acted in a judicial as well as political capacity, and was in fact an appellate court to which causes were brought by appeal from the prætorian and provincial courts, added to the laws by its decisions (decreta), and by its opinions (rescripta) furnished to public

officers and others for their direction. c. The opinions and writings of distinguished lawyers. These related as well to the lex scripta as to the lex non scripta, as advice was often wanted for the construction of public acts or decrees. Indeed, it was not unusual for magistrates themselves to ask the opinions of eminent jurists, and these were afterward quoted. Augustus authorized certain lawyers to make responses in his name. These were perhaps of equal authority with the rescripta of the emperor; at all events they were treated with more respect than the opinions of other lawyers. Hadrian enacted that the unanimous opinion of those jurists who were authorized to respond should be considered law; this refers probably to opinions which had before been given, as well as those which should thereafter be obtained. Then there were commentaries upon the 12 tables, the prætorian edicts, decrees of the people, &c., elementary works (called Institutiones, Regulæ, and the like), treatises on single subjects, and annotations upon older writers. These writings constituted in fact the law long prior to the time of Justinian, the original sources being rarely inquired into by judges, or cited by lawyers, and the number of these writings made it difficult in process of time even to refer to them fully. It is from these that the Pandects were compiled. The most eminent lawyers lived in the period between the emperors Hadrian and Alexander Severus. The profoundest disquisitions upon law were produced when the government had become a despotism, and a far-reaching oppression preyed upon private enterprise and industrial art. The age of the classic jurists, whose writings are the admiration of the world, was that of an autocracy which, with but occasional intervals of a pure administration, in general crushed down the vital spirit of society. The most celebrated of these jurists are Gaius, Papinian, Ulpian, Paulus, and Modestinus. After this period the constitutions and rescripts of the emperors seemed to take the place of private writings; perhaps, owing to the decline of legal science, it was necessary to furnish rules of decision in a large number of cases, without having to resort to ancient authorities. But these became so numerous that a digest became necessary. Two collections were made, chiefly of rescripts, in the 5th century, one by Gregorius and one by Hermogenes. A more complete collection was made by order of the emperor Theodosius II., including the edicts and rescripts of the emperors, which was published as a code, A. D. 438. The ordinances of the emperors issued after that time were called novella or nova constitutiones.-We now come to the works prepared by the order of Justinian. 1. A revision of all the imperial constitutions, omitting what was obsolete, and adding such new provisions as were required, the whole being arranged under appropriate titles. This work, originally designated as the Codex Justinianus, but now known as the Codex Vetus, was superseded by

a later and more complete edition, and is not now extant. 2. An abridgment of the writings of the jurists was made, in which the most valuable parts were preserved, what was obsolete rejected, contradictions reconciled, and a proper arrangement made of the whole. This work was intrusted to 17 commissioners, of whom Tribonian was the head. It was commenced A. D. 530, and was completed in three years. The compilation consisted of extracts from all the writers who were regarded as of any authority, which extracts were each inscribed with a principium (proposition) and an inscriptio, denoting from what works they were taken; it consisted of 50 books, and was entitled Digesta sive Pandecta Juris enucleati ex omni vetere Jure collecti. The term Pandecta was from the Greek way and dexoμat, signifying a general repertory of law. It is a curious incident that a common method of citing the Digest by the letters probably took its rise from the Greek carelessly written. There have been many modes of citing the digest. The old form was thus: D. de jure dotium, L. profectitia § Si Pater, in which D. is the Digest; de jure dotium is the subject of the title; L. the law (which was the designation of the several extracts). More recently fr. (fragment) is substituted for L., thus: fr. 5, § 6, D. de jure dotium (23, 3), the last numbers being the book and title; but it is now common to cite simply by numbers, thus: D. 23, 3, fr. 5, § 6. 3. An elementary work (Institutiones) was published at the same time with the Pandects, which, as has been before mentioned, was in fact a revised edition of the "Institutes" of Gaius, omitting what was obsolete, and adding references to the new constitutions of Justinian. 4. A revision of the code was prepared, called Codex Repetita Prælectionis, which contained the new constitutions that had been issued by Justinian since the first code was published, to which were added decisions of questions which the compilers of the Digest, finding the authorities in conflict, did not undertake to decide, but referred them to the emperor. These were 50 in number, and at first were collected separately, but afterward mostly embodied in the new code. 5. The new constitutions issued by Justinian after the publication of the 2d code, were collected after his death, including some few which had been issued by his successors, making 168 in all, together with 13 edicts relating to single cities or provinces which were of no general importance. This collection was called Novella Constitutiones, and completed the Roman law as incorporated in the famous Corpus Juris Civilis. Of the utility of this compilation, indeed of the absolute necessity of making it if the ancient law was still to be referred to, there can be no doubt, and it is singular that any one should have attributed to it the interruption of all further advance in legal science, and the loss of the original works from which the compilation was made. Legal science had been long declining; it was extraordinary that knowledge and acumen still

could be found, adequate to the work of collating so great a number of writers and extracting what was most important to be preserved. It cannot be supposed that in the ordinary administration of the laws, the writings of the old jurists were actually consulted to any great extent. A few might have familiar acquaintance with these venerable authorities, but to the greater number of lawyers and judges they must have been of little practical use. What has no immediate value will not be likely to be preserved, and but for the copious extracts in the Pandects, it is reasonable to suppose there might have been an entire loss of the originals, instead of having, as we may presume we now have, a large proportion of what was most worthy of preservation. The greater part of the Novella Constitutiones were written originally in Greek. A Latin translation of 134 novels (called the Versio Vulgata) is the version contained in the Corpus Juris, and is said to be badly done. All the compilations made by Justinian were originally published in Latin. They were soon after translated into Greek; new constitutions were issued by the successors of Justinian, also in Greek, and various commentaries were written, in consequence of which a new compilation became necessary. Such a compilation was commenced by Basilius Macedo, A. D. 876, and completed by his son Leo, A. D. 887. It was called the Basilica, and continued to be the basis of private law in the Greek empire until the fall of Constantinople, and has since been retained by the modern Greeks, to whom the Turks permitted the use of their own laws. -In western Europe the Roman law continued to be administered after the breaking up of the imperial government, but with important modifications. In most of the conquered provinces the Romans were allowed to be governed by their own laws, while the conquerors had other laws for themselves. Even in those parts of the empire where the barbarian rule was most complete, the superior civilization of the conquered people still had an influence upon the administration of the laws, and many of the principles and modes of proceeding which had previously existed may be discovered in the fragmentary notices which remain of the laws of the conquerors. Thus in northern Gaul, which was conquered by the Franks, although no compilation of laws was made for the use of the Roman citizens, yet in the two codes of Frankish law, the Salic and Ripuarian, it is repeatedly mentioned that the Romans were to be judged according to the Roman law. Several decrees were made by the Frank kings in the 6th century to the same effect. Again, in a book of formule published, as is supposed, in the 8th century, a large number of the forms relating to the enfranchisement of slaves, testaments, prescriptions, &c., are strictly in accordance with the old Roman precedents, which proves that they had remained in habitual use. Many civil acts are still extant, as sales, testaments, &c., which were performed according to

the Roman mode in the curia and were inscribed upon the registers. So also the terms which were used in the Roman municipal system, as duumvirs, curia, &c., reappear in Frankish records of an early period. Lastly, the chroniclers of the 6th and 7th centuries speak of the study of the Roman laws. Auvergnat Andarchius, who lived in the 6th century, is said to have been learned in the books of the Theodosian law; St. Bonet in the 7th century is said to have been learned in the decrees of Theodosius; and Didies, bishop of Cahors in the same century, is said to have applied himself to the study of the Roman laws. The Roman municipal system must therefore have continued in force, and civil legislation have been much influenced by the imperial code even in Frankish Gaul. But in the kingdoms of the Ostrogoths, Visigoths, and Burgundians, compilations of Roman laws were published which are still extant. Theodoric, king of the Ostrogoths, issued an edict at Rome, A. D. 500, which was intended for the whole people, as well Ostrogoths as Romans. It was compiled entirely from the Roman law, especially the Theodosian code, the later constitutions, and a work of Paulus, Pauli Sententia Recepte; but these were used in an arbitrary manner, without much regard to the method of the originals. Alaric II., king of the Visigoths, published in the year 506 a collection of laws for the use of his Roman subjects, which was then called Lex Romana, but is now known by the title of Breviarium Alaricum. This collection consisted of: 1, the Theodosian code in 16 books; 2, the novels (Nova Constitutiones) of Theodosius, Valentinian, and some of their successors; 3, the Institutes of Gaius; 4, the 5 books of Paulus, entitled Sententia Recepta; 5, the Gregorian and Hermogenian codes (the collections of imperial constitutions and rescripts from Hadrian to Constantine); 6, an extract from a work of Papinian, entitled Papiniani Liber Responsorum. These were accompanied by an interpretation distinct from the original, except that the text and interpretation of the Institutes of Gaius were fused into one. The constitutions are not all reproduced, but those which are inserted are entire. The interpretation, however, explains and modifies the laws so as to adapt them to the new state of society. Thus it is said in the interpretation that what was formerly done by the prætor (elsewhere the præses) shall now be executed by judges of the city; emancipation, which was formerly done before the prases, must now be done before the curia. Various alterations are referred to, showing that the ancient Roman municipality, though still retained, was gradually being converted into a democratical form; that is to say, the curia being recognized as vested with municipal powers, instead of the duumvirs and other magistrates, who under the Roman administration had exercised their powers as personal rights. We can perceive already the principle from which was developed the corporation of the middle ages. A third

collection of laws was in like manner published by Sigismund, king of the Burgundians, A. D. 517, for the use of his Roman subjects. There is less of the textual Roman law than in the preceding collection of Alaric, and on the conquest of the Burgundians by the Franks it probably fell into disuse, and was replaced by the Breviarium, which was more extensive, and better adapted to the wants of society as then existing. This Burgundian collection is known by the name of Papiniani Responsorum, a title given by Cujas, who published a manuscript containing the Breviarium and the Burgundian laws, the former of which closed with an extract from the Papiniani Responsorum, but which the editor understood to be the commencement of the other collection. Upon the reconquest of Italy by Justinian, A. D. 535, his compilations of law were introduced there, and they continued to be used in that country under the successive empires of the Lombards and Franks; but it appears that under the latter the Breviarium was also introduced for the use of the Lombard subjects.-Irregularity and confusion must necessarily have existed under this twofold administration of laws in the new kingdoms of the West, while there was but little of the intellectual cultivation by which alone these chaotic elements could be moulded into a homogeneous form. The first great movement toward a systematic development was the revival of legal science in Italy in the 11th century. The compilations of Justinian were then illustrated by annotations or glosses, which relieved much of the obscurity in which the originals were involved. Irnerius, the first of these annotators, and his successors in the 12th century, were called glossators. Their reputation attracted to the law school at Bologna thousands of students from all parts of Europe, and through them an influence was brought to bear upon the crude systems existing in the different countries of Europe. In France great zeal in the study of laws was especially awakened. An original work, with the title of Ulpianus de Jure edendo, was discovered in that country, containing an exposition of the manner of proceeding in the courts, chiefly extracted from Justinian's collections; and in the 13th century a translation of the Roman law into French was made by order of Louis IX. Lectures on the Roman law were delivered at Paris, which, though prohibited by Pope Honorius III., A. D. 1220, on account of the prejudice which it was supposed would result to the canon law, were continued with increasing popularity. Since that time the study of the Roman law has been the basis of legal education in France. The influence of the clergy was doubtless one considerable cause of the increased attention to the Roman laws. During several centuries they referred to them as the secular law of the clergy; but in the 12th century (A. D. 1151) a collection was made by Gratian of all the laws relating to the clergy, and the distinction was then first established between the jus civile and

jus canonicum. In Spain and the Netherlands, particularly in the latter country, the civil law has been cultivated with great success, and many critical works have been produced of great value. The Italian universities were at tended by German students in the 12th and 13th centuries, after which universities were established in Germany, in which professorships of the Roman and canon laws were founded. The partiality of the doctores juris to the laws with which they had become familiar, would naturally favor the gradual introduction of those laws as authority. The change was gradual, and had actually taken place without any formal recognition of it by public authority. But in the year 1495 the court of the imperial chambers was ordered to administer justice according to the imperial (i. e., Roman) and canon laws. In the organization of the different territorial governments of Germany, this precedent has been followed, and the Roman law, so far as it is applicable, is now the common law of Germany. In England the Roman law was never adopted as such, and it has been less interfused with the system of laws which have grown up in that country than in most other countries of Europe. Still the principles of the Roman law have been referred to by eminent English judges and writers, and the extent to which the common law of England has been indebted to this process of assimilation is an interesting subject, which will be treated of more fully in the article COMMON LAW. The English ecclesiastical law is derived entirely from the canon law, with only such modifications as have been made by acts of parliament. The admiralty courts are governed by the principles of modern civil law, that is, by the usages of modern nations in the more extended relations growing out of commercial enterprise, but still having as a basis the rules of the Roman law so far as applicable.-The principal editions of the Corpus Juris are: 1, the 5th edition by Dionysius Gothofredus, published after his death by his son Jacob Gothofredus, Geneva, 1624, which has been reprinted several times; 2, an edition of Simon van Leeuwen, from the last of Gothofred above mentioned, with the annotations of many others, as well as the notes of Gothofred, Amsterdam, 1663, fol., reprinted several times at Frankfort and Leipsic, 2 vols. 4to.; 8, a critical edition by Gebauer, completed by Spangenberg, Göttingen, 1776-'97, containing various readings and explanatory notes; 4, another similar edition by Schrader, Berlin, 1832; 5, several editions of the text and most important readings, without notes, published at Leipsic, among which are the stereotyped edition of Beck, 2 vols., 1829-37, and another of Kriegel brothers, 1828-37. Several valuable works upon the history of the civil law and its influence upon European civilization have appeared within a recent period. We would particularly refer to Hugo's Lehrbuch der Geschichte des Römischen Rechts, of which there is a French translation; Savigny's Geschichte des Römischen Rechts im Mittelalter, which has been in part

translated into French and English; Puchta's Institutionen; and Guizot's Histoire de la civilisation en France.

CIVIL LIST, in England, formerly the list of the entire expenses of the civil government (that is, with the exception of the expenditure for the army and the navy), or of all the heads of revenue appropriated for the supply of the civil government; according to a late law it embraces only the expenditures for the reigning monarch's household, the amount of which is fixed by parliament at the accession of the sovereign. In the latter meaning of the term civil lists are common in the constitutional states of Europe, and exceptionally fixed by consent of the court even in those under absolute rule. CIVILIS, CLAUDIUS, sometimes called JULIUS, leader of the revolt of the Germanic nation of the Batavi (settled around the mouths of the Rhine and Maas) against the Romans, A. D. 69-70, as chronicled by Tacitus. Although in the imperial service as prefect of a cohort, he had good cause of hatred against the Romans, who had wrongfully put his brother to death and sought his own life. When the contest for the purple was going on between Vitellius and Vespasian, the partisans of the latter urged Civilis to a feigned revolt, so as to prevent the legions in Germany favorable to Vitellius from marching on Rome. Civilis determined to make the revolt a real one. Under pretext of a festival he assembled the chiefs of his nation in a sacred grove and induced them to rise against the Roman yoke. Having placed a young man named Brinno at their head as nominal leader, the Batavi and two neighboring tribes, their allies, gained some skirmishes; whereon, it being no longer possible to conceal that Civilis was the prime mover, he put himself at the head of the insurgents. Still keeping up the fiction that he was fighting for Vespasian, he attacked and destroyed all the Roman camps on the Rhine, excepting Cologne and Mentz, which he retained. As the Batavi continued in arms after Vespasian had gained the empire, Cerealis was sent against them with a powerful force. Civilis offered to make Cerealis emperor of the Gauls if he would come over to their side, but the offer was declined. A campaign followed with varying success, till finally fortune turned against the insurgents, and they were driven into the island of Batavia. Cerealis offered his adversary terms. An interview between the generals took place on a bridge, where Tacitus leaves them conversing. The subsequent history of Civilis is unknown.

CIVITA CASTELLANA, a town of the Papal States, in the delegation of Viterbo. It is principally noted for the remains it contains of the ancient Falerii or Falerium. The ancient city was destroyed at the close of the first Punic war (241 B. C.). A new town was built on the plain 4 miles distant, where its remains are still seen, while the 3d town, or Civita Castellana, occupies the site of the first. The ruins on the plain are the best specimens of ancient military

architecture now extant. The French under Gen. Macdonald achieved a victory here over the Neapolitans under Gen. Mack, Dec. 4, 1798. CIVITA DI PENNE (anc. Pinna Vestina), a town of Naples, in the province of Abruzzo Ultra I., 10 m. W. of Pescara; pop. 8,000. It is situated at the foot of the Apennines and surrounded by beautiful meadows. It was the chief city of the Vestini, and distinguished for its obstinate resistance in the social war.

CIVITA VECCHIA, a town and chief seaport in the papal delegation of the same name, about 36 m. from Rome; pop. of the delegation, according to the census of 1853 (published in 1857), 20,701, and of the town about 8,000. The town and the harbor were founded by Trajan, who had a country seat here. The harbor consists of 2 marble piers, and is fronted by a breakwater. The water in the harbor is from 14 to 18 feet deep. There is a lighthouse on the breakwater, a quarantine, and docks, and a prison containing about 1,200 galley slaves. The present city was built and fortified by Pope Leo IV. The climate is not salubrious and the water is bad, which accounts for the smallness of the population. The town is well built, contains several fine churches and monuments of antiquity, and a small gallery of Etruscan antiquities in the town hall. Civita Vecchia is the key to central Italy, the best port of the Papal States in the Mediterranean, an important station for steamers from Marseilles, Genoa, and the Levant, and the point at which the majority of travellers enter southern Italy. Clement XII. made it a free port. The fortress was commenced under Julius II., after the designs of Michel Angelo, and completed under Paul III. In 1849 a French army arrived at Civita Vecchia to restore Pius IX. to the papal throne, and a French garrison is still stationed there (1858). In 1854 the value of the imports was about $3,000,000, and of the exports, $1,600,000. The entrances and clearances in 1854 comprised 1,259 vessels; tonnage, 94,418.

CIVITALI, MATTEO, an Italian sculptor and architect, born at Lucca in 1435, died in 1501. He followed the occupation of a barber until about 1470, when he suddenly rose to the highest rank among the sculptors of his time. His first important work was the mausoleum erected in the cathedral at Lucca to Pietro de Noceto, secretary to Pope Nicholas V. His greatest works are 6 statues of white marble in the same church, representing personages of the Old Testament. Among his architectural works is the Bernardini palace at Lucca, of simple style, and also the little temple which contains the miraculous crucifix in the church of St. Martino. CLACKAMAS, a N. W. co. of Oregon, extending from Willamette river on the W. to Cascade Range on the E., and bounded N. by the Columbia; pop. 1,859. The soil, particularly in the valleys of the rivers, is fertile. In 1850 the productions were 353 tons of hay, 16,281 bushels of wheat, 6,940 of oats, 18,893 of

potatoes, and 216 of corn. The crop of hay was the largest obtained in any county of the territory. Number of pupils in the public schools, 183. ČLACKMANNANSHIRE, an E. co. of Scotland, and the smallest of that division of the united kingdom, bounded S. and S. W. by the river Forth, and having an area of only 52 sq. m.; pop. in 1851, 22,951. Its N. part is occupied by the Ochil bills, between which and the rich alluvial valley of the Forth the surface is somewhat diversified, though its general aspect is level. The Devon and the Black Devon, or, as they are often called, the N. and S. Devon, are the only considerable streams by which it is watered. It is eminently an agricultural county. The lowlands produce wheat, beans, and all the other crops common to Scotland; the hills are laid out in pastures, which feed the black-faced breed of sheep and the Teeswater cattle; the fields are carefully manured; draining is almost universally practised; the farms wear an appearance of thrift; the stone fences are well built, and the hedges are always neatly trimmed. The minerals are abundant and valuable; ironstone is wrought in the parish of Clackmannan; coal, to the amount of about 260,000 tons per annum, is obtained in the same quarter, at Alloa, and at 4 other places; near Stirling an excellent substitute for the French buhr-stones, used for grinding, has been found; and the Ochil hills are known to contain silver, copper, lead, iron, cobalt, and arsenic. The county has several large breweries and distilleries, though not so many as formerly, 20 woollen mills, and a number of iron works. Alloa and Clackmannan are the principal towns. It returns one member to parliament in conjunction with the county of Kinross.

CLAGGETT, JOHN THOMAS, first bishop of the Protestant Episcopal church in Md., born in Prince George's co., Oct. 2, 1742, died in 1818. He was graduated at Princeton, 1762, and immediately commenced the study of divinity. The bishop of London, to whose diocese all the American colonies were attached, ordained him deacon Sept. 20, and priest Oct. 11, 1767. was rector of All Saints' parish, Calvert co., up to the revolutionary war, and afterward annexed St. James's parish to his pastoral field. Upon the organization of the diocese of Maryland, he was elected its first bishop, and was consecrated in New York, 1792.

He

CLAIBORNE, the name of counties in several of the United States. I. A W. co. of Miss., area 740 sq. m., with an uneven surface and á generally fertile soil; pop. in 1850, 14,941, of whom 11,450 were slaves. The Mississippi river on the W. separates it from Louisiana, and the Big Black river touches its N. W. border. Productions in 1850, 488,003 bushels of corn, 13,924 of oats, 83,854 of sweet potatoes, 65,217 of peas and beans, 20,795 bales of cotton, and 1,973 lbs. of beeswax and honey. There were 16 churches, and 365 pupils attending public schools. The county was named in honor of Gen. Claiborne, an officer of the war of 1812.