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In the Time of Julias Ciefar, OfiliuS, a Lawyer, began a Col ection of the Edicts of the Prators ; which was not finifh'd till the Time of Adrian^ by another Lawyer, Ju- liauit:.
In the Time of Conftantine, or his Children, two Juris- Confulti compil'd two Codes ; from their Authors cali'd Gre- gorian, and Uermogenian Code. See Code.
Laftly, Juftinian, finding the Authority of the Roman Law almofl abolifh'd in the Well, by' the Declenfion of the Empire ; refolv'd to make a general Collection, of the whole Reman Jurisprudence 5 and committed the Care thereof to his Chancellor Trihoniamis.
That Miniller executed hisCommiflion with a great deal of Diligence, not to fay Precipitation : a new Code was finilb'd in 529, and a Digeft in 533. See Digest, and Code.
The fame Year he publifh'd an Abridgmenr, thereof con- taining the firft Principles and Elements of Law, under the Title of Institutes. See Institutes.
In the Courfe of this Reign, Justinian made 168 Conlli- flirutions, and 13 Edicfs ; which made a considerable Alte- ration in rheantient Law, and were cali'd Novels. SeeNovEL. All thefe together, make the Corpus Juris Chilis, or Bo- dy of the Civil Law, as redue'd, by order of .Jufiinian.
For the Space of 300 Years, this Syftem of Law obtain'd without any Innovation. But the new Conftitutions made by the Emperors from time to time, at length occasioning fome Alterations ; the Emperor Bafll, and Leo his Son, com- pos'd a new Body of the Roman Law, chiefly from the Ju- ftinian, in the Greek Language, dividing it into 7 Volumes, and do Books; under the Title of Safilica. From which time, Juftinian's Body had but little Credit in the Eaft ; die Bafllica taking place of it. See Basilica.
In the Weft, the Civil Law had a different Fortune : 'Tis ordinarily iuppos'd not to have been thete known till the Year (Too ; when Lotbarius II. finding the Book at the taking of Melphi, a Town in Naples, made a prefent of it to the City of Pifa : Tho we find it quoted in ieveral Latin Works long before Lotharius. 'Tis true, however, it was ne- ver taught publickly till the Xllth Century ; when Irnerius firft made profemon of it at Cologne, in 1128 ; whence it was carry'd by his Difciples into other Countries 5 and in a little time was taught in all the Univerfities.
'Tis allow'd that the Civil Law contains all the Principles of Natural Equity ; and that nothing can be better calcu- lated to form good Senfe, and found Judgment. Hence, tho in feveral Countries it has no other Authority but that of Reafon and Juftice ; 'tis yet every where referr'd to for Au- thority, and is that alone taught in Univerfities.
It is not receiv'd at this Day in any Nation without fome Alterations : fometimes the Feudal Law is mix'd with it, or general and particular Cuftoms ; and often, Ordinances and Statutes cut oft" a great part of it.
In Turkey, the Bafilica are only us'd. In Italy, the Ca- non Law, and Cuftoms have excluded a good part of it. In Venice, Cullom hath almoft an ab olute Government. In the MUanefe, the Feudal Law, and particular Cuftoms, bear fway. In Naples and Sicily, the Constitutions and Laws of the Lombards are faid to prevail. In Germany and Hol- land, the Civil Law is efteem'd to be the municipal Law : but yet many Parrs of it ate there grown obfolete ; and others are alrer'd, either by the Canon Law, cr a different Ufage.
In Fiiezelcnd, it is obferv'd with more ftrictnefs : But in the Northern Parts of 'Germany, the Jus Saxonicum, Lu- iecenfe, or Culmenfe, is preferr'd before lr. In Denmark and Sweden it harh Icarce any Authority at all. In France only a Part of it is receiv'd ; and that Part is in fome Places as a Cuftomary Law : And in thofe Provinces neareft to Italy, the municipal Written Law. In Criminal Caufes, the Civil Lam is more regarded in France ; but the manner of Trial is regulated by Ordonnances and Edicfs.
The Civil Law, in Spain and 'Portugal, is connected with the Jus Regium, and Cuftom. In Scotland, the Statutes of the Sederunt, part of the Regit: Majcftatis, and their Cuf- toms, control the Civil Law.
In England, it is us'd in the Ecclefiaftical Courts ; in the Courts of the Admiralty ; and in the two Univerfities : yet in all thefe reftrain'd and direcfed by the Common Law. See Law, Common-Z^to, &c.
Civil War, is a War between People of the fame State, or Citizens of the fame City. See War.
Civil Death, any thing that retrenches, or cuts off a Man from Civil Sociery : as a Condemnation to the Gallies, per- petual Banifhmenr, Condemnation to Death, and Excom- munication : All which make a Man ceafe to be look'd on as a Citizen.
. The Tctm is likewife apply'd to thofe who are no longer capable of acting in Temporal Concerns ; as thofe who re- nounce the World, who retire and make Vows in a Monas- tery, &c. Sec Monk, Vows, Monastery, &c,
Civil, in a Legal Senfe, is alfo apply'd to the ordinary Procedure in an Aftion relating to fome Pecuniary Matter, or
Intereft ; in which Senfe it is oppos'd to Criminal. See A tun, Criminal, iSc.
Civil 1'iar, is the Legal Year, or annual A Time, which every Governmenl it^ own Dominions. See Time.
It is thus cali'd, in contradiftinction to the Natural ¥>a which is me.-.fur'd exactly by the Revolution of the Hp>, J ly Bodi— Q.-..v„.„ '
ccount of ppomts to be us'd within
See Year.
Civil Month. Civil 1)ay.
See
> Month. 'Day.
CIVILISATION, a Law, Aft of Juftice, or a Judgment which renders a Criminal Procefs, Civil.
Civilifation is perform 'd by turning the Information into an Inqueft, or vice verjd. See Information, Inojiest tf c
CLAIM, in Law, a challenge of Intereft in any thin'n that is in Pofleffion of another ; at leatt, out of his own. s ce Challenge, Possession, £jc.
There are divers Kinds of Claims : as,
Claim by Charter. See Charter.
Claim by Defcent. See Descent.
Continual Claim, a Claim made from time to time, with- in every Year and Day, to Land, or other Thing, which on fome accounts cannot be attain'd without danger.
Thus, if I am diffeis'd of Land, into which, tho I have a Right, I do not enter for fear of beating ; I am to hold on my Right of Entry at my bell opportunity ; by approaching as near as I can, once every Year, as long as I live : thus I leave the Right of Entry to my Heir. See Entry.
CLAIR-OBSCURE, or CHIARO SCURO, in Paint- ing, the Art of diftributing, to advantage, the Lights and Shadows of a Piece ; both with regard to the eafing of the Eye, and the Effect of the whole Piece. See Light, and Shadow.
Thus, when a Painter gives his Figures a ftrong Relievo, loofens 'em from the Ground, and fets 'em free frcm each other, by the Management of his Lights and Shadows ; he is faid to underftand the Clair-obfcure.
The Clair-obfcure makes one of the great Divisions, or Branches of Painting ; the whole of a Pittute being refolva- ble into XAght, and Shadow. See Painting.
The Doctrine of the Clair-obfcure, will come under tho following Rules.
Light may be 'either confider'd with regard to it felf ; to its Effefls ; the Place wherein 'tis diffus'd ; or its Ufe. For the ift, Light is either Natural, or Artifical. Natural, either comes immediately from the Sun, which is brill, and its Colour various according to the Time of tho Day; or 'tis that of a clear Air thro' which Light is fpread, and whofe Colour is a little bluifti; or a cloudy Air, which is darker, yet reprefents Objects in their genuine Colouts with more eafe to the Eye.
Artificial proceeds from Fire, or Flame, and tinges the Object with its own Colour: but the Light it projects, is ve- ry narrow and confin'd.
For the 2d, the Effects of Light are either Principal, as when the Rays fall perpendicularly on the Top of a Body, without any Interruption ; or Glancing, as when it Aides along Bodies ; or Secondary, which is for things at a diftance.
3. For the Place, 'tis either the open Campaign, which makes Objects appear wirh great Softnefs ; or an inclos'd Place, where the Brightnefs is more vivid, its Diminution more hafty, and its Extremes more abrupr.
4. For the Ufe, or Application : The Light of the Sun is always to be fuppos'd without, and over againtt the Picture ; that it may heighten the foremoft Figures : the Luminaries themfelyes never appearing, in regard the bed Colours can't exprefs 'em. The chief Light to meet on the chief Group, and as much as poffible on the chief Figure of the Subject. The Light to be purfu'd over the great Parts, without being crofs'd, or interrupted with little Shadows. The full Force of the principal Light to be only in one Part of the Piece : taking care never to make two contrary Lights : Not to bo fcrupuloufly confin'd to one univerfal Light ; but to fuppofe other acceflbry ones, as the opening of Clouds, &c. to loofen fome Things, and produce other agreeable Effefls. Laftly, the Light to be difterenr, according to the Quality of Things whence it proceeds, and the Nature of the Subjects which receive it.
For Shadows ; they are diftinguifh'd, ift, into thofe form'd on the Bodies thcmfelves, by their proper Relievos. 2<l. Thofe made by adjacent Bodies ; thofe that make Patts of any whole ; and the different Effects, according to the difference of Places.
For the firft, fin'ce the different Effefts of Lights only ap- pear by Shadows, their Degrees muft be well manag'd. The Place which admits no Light, and where the Colours are loft, muft be darker than any Part that has Relievo, and difpos'd in the Front. The Reflex, or return of the Light, brings with it a Colour borrow'd from the Subject that reflects it ; and flies off at a greater or lefs Angle, according to the Situation of the reflecting Body, with regard to the luminous
one':
