c i v 
Relating to the ancient confular or imperial govern¬ 
ment; a's, civil law.—No woman had it, but a civil doc¬ 
tor. Shakejpeare. 
CI'VIL LAW, that law which every particular na¬ 
tion, commonwealth, or city, has eftabliflied peculiarly 
for itfelf: jus civile cjl, quod quifque populus fibi conjlituit , 
Juft. Lift. It is now more properly diftinguilhed by the 
name of municipal law : the term civil law being chiefly 
applied to that which the old Romans ufed, compiled 
from the laws of nature and of nations. The Roman law 
was founded firft upon the regal conllitutions of their 
ancient kings; next upon the twelve tables of the Decem¬ 
viri; then upon the laws or flatutes enabled by the fenate 
or people; the edidfs of the prsetor and the refponfa pru- 
dentum, or opinion of learned lawyers ; and laftly, upon 
the imperial decrees or conftitutions of fucceflh/e empe¬ 
rors. Thefe had by degrees grown to an enormous bulk; 
but the inconvenience arifing therefrom was in part re¬ 
medied, by the colleftions of three private lawyers, Gre¬ 
gorius, Hermogenes, and Papinius; and afterwards by 
the emperor Theodofius the younger, by whofe orders a 
code was compiled A. D. 438, being a methodical collec¬ 
tion of all the imperial conftitutions then in force ; which 
Theodofian code was the only book of civil law received 
as authentic in the weftern part of Europe, till many cen¬ 
turies after. For Juftinian commanded only ip the eaftern 
remains of the empire; and it was under his aufpices that 
the prefent body of civil laws was compiled and finifhed 
by Trebonian, about the year 533. This confifts of—r. 
The inftitutes; which contain the elements or firft prin¬ 
ciples of the Roman law, in four books. 2. The digefts 
or pandefts, in fifty books; containing the opinions and 
writings of eminent lawyers, digefted in a fyftematical 
method. 3. A new code or colleftion of imperial confti¬ 
tutions, in twelve books; the lapfe of a century having 
rendered the former code of Theodofius imperfeft. 4. 
The novels or new conftitutions pofterior in time to the 
ether books, and amounting to a fupplement to the code 
containing new decrees of fucceflive emperors, as new 
queltions happened to arife. Thefe form the body of the 
Roman law, or corpus juris civilis, as publifhed about the 
time of Juftinian ; which however foon fell into negledt 
and oblivion till about the year 1130, when a copy of the 
digefts was found-at Amalfi in Italy; which accident, 
concurring with the policy of the Roman ecclefiaftics, 
ftiddenly gave a new vogue and authority to the civil law, 
and introduced it into feveral nations, x Comm. 80, 81I 
The digeft or pandedts, was collefted from the works 
and commentaries of the ancient lawyers, fome wdiereof 
lived before the coming of our Saviour. The whole digeft 
is divided into feven parts: the firft part contains the 
elements of the law, as what is juftice, right, &c. The 
fecond part treats of judges and judgments. The third 
part of personal adtion, See. The fourth part of contradts, 
pawns, and pledges. The fifth part of wills, teftaments, 
&c. Th* fixth part of the pofleflion of goods. The fe- 
venth part of obligations, crimes, punifhments, &c. The 
inftitutes contain a fyftepa of the whole body of law, and 
are an epitome of the digeft, divided into four books; 
but fometimes they correft the digeft : they are called 
inftitutes, becaufe they are for inftrudtion, and fliew an 
eafy way to the obtaining a knowledge of the civil law: 
but they are not fo diftinft and comprehenfive as they 
might be, nor fo ufeful at this time as they were at firft. 
The novels or authentics were publifhed at feveral times 
without any method: they are termed novels, as they are 
new laws; and authentics, being authentically tranllated 
from the Greek into the Latin tongue; and the whole 
volume is divided into nine collations, conftitutions, or 
fedlions; and they again into 168 novels, which_plfo are 
diftributed into certain chapters; the firft collation relates 
to heirs, executors, Sec. The fecond the date of the 
church. The third is againft bawds. The fourth con¬ 
cerns marriages. The fifth forbids the alienation of the 
poffe(lions of the church. The fixth (hews the legitimacy 
Vol.IV. No. 225. 
CIV 633 
of children. The feventh determines who fhnll be wit- 
neffes. . The eighth ordains wills to be good, though i-m- 
perfedt. And the ninth contains matter of fucceflion in 
goods. To the above we may add the book of feuds, 
which contain the cuftoms and fervices that the fubjeft or 
vaffal oweth to his prince or lord, for fuch lands or fees 
as he holdetli of him. The conftitutions of the emperor, 
were either by a refeript, which was the letter cf the em¬ 
peror in anfwer to particular *perfons who enquired the 
law of him; or by edift, which the emperor eftiblflied 
of his own accord, that it might be generally obferved 
by every fubjeft; or by decree, which the emperor pro-- 
nounced between plaintiff and defendant, upon hearing 
a particular caufe. The power of iffuing forth refcripts, 
edifts, and decrees, was given to the prince by the lex 
regia, wherein the people of Rome wholly fubmitted them- 
felves to the government of one perfon, viz. Julius Caefar, 
after the defeat of Pompey. And by this fubmifiion the 
prince could not only make laws, but was efteemed above 
all coercive power of them. How far the civil law is 
adopted and of force in this kingdom, fee the article Law. 
CPVIL YEAR. See Chronology. 
CIVI'LIAM, ft. [1 civilis , Lat.J One that profeffes the 
knowledge of the old Roman law, and of general equity. 
—The profeffors of that law, called civilians, becaufe the 
civil law is their guide, (hould not be difcountenanced 
nor difeouraged. Bacon. 
CIVI'LITY,/. Freedom from barbarity ; the ftate of 
being civilized.—Diyers great monarchies have rifen from 
barbarifm to civility, and fallen again to ruin. Davies . 
Wherefoe’er her conquering eagles fled, 
Arts, learning, and civility, were fpread. Denham. 
Politenefs ; complaifance ; elegance of behaviour.—We, 
in point of civility, yield to others in our own houfes. 
Swift. —Rule of decency; praftice of politenefs: 
Love taught him fliame ; and (hame, with love at ftrife, 
Soon taught the fweet civilities of life, Dryden. 
Civility is juftly incidcated by didaftic writers as a duty 
of no flight confideration. Without civility, or good. 
breeding, a court would be the feat of violence and defa- 
lation. There, all the paffions are in fermentation, be¬ 
caufe all- purfue what hut few can obtain; there, if ene¬ 
mies did not embrace, they-would ftab ; there, (miles are, 
often put on to conceal tears; there mutual fervices are 
profeffed, while mutual injuries are intended ; and there, 
the guile of the ferpent fimulates the gentlenefs of the 
dove. To what a degree muft good-breeding adorn the 
beauty of truth, when it can thus foften the deformity of 
falfehood ? On this fubjeft we might offer the following 
obfervations. However juft the complaints of the mifer.y 
of life, yet great occafions for the dilplay of beneficence 
and liberality do not often occur. But there is an hourly 
neceflity for the-little kind offices of mutual civility. At 
the fame time that they give pleafure to other's, they add 
to our own happinefs and improvement. Habitual aids 
of kindnefs have a powerful effeft in foftening the heart. 
An intercourfe with polifhed and humane company tends 
to improve the difpolition, becaufe it requires a confor¬ 
mity of manners. And it is certain, that a fenledf de¬ 
corum, and of a proper external behaviour, will reftrain 
thole whole natural temper would otherwife break out in 
acrimonious and petulant converfation. Even the affec¬ 
tation of philanthropy will in time contribute to realife 
it. The pleafure refulting from an aft of kindnefs natu¬ 
rally excites a wiflx to repeat it; and indeed the general 
efteeni which the character of benevolence procures, is 
fufficient to induce thofe to wifti for it who aft only front 
the mean motives of felf-intereft. 
As we are placed in a world where natural evil abounds, 
tve ought to render it fuppbrtable to each other as far as 
human endeavours can avail. All that can add a fweet 
ingredient to the bitter cup mult be infuled. Amid the 
multitude of thorns, every flower that will grow muli be 
7 Y 1 cultivated 
