nor to the same extent. In Italy and the south of France, it was introduced first and most completely; at a later period, and to a less degree, in the north of France (in the pays de droit coutumier), where it has never, in fact, been acknowledged as binding, but only as an authority in regard to general principles of natural law (raison écrite), and still retains this degree of influence, notwithstanding the establishment of the Code civil. In England, it never has been received in the ordinary civil courts (it is, to some extent, in Scotland), but the spiritual courts have always been guided by it. It is therefore in force in such cases as fall under the jurisdiction of these courts; e. g., such as relate to last wills. It is also in force in the admiralty courts, but in both with many modifications. In Germany, the idea that the emperors were the successors of the Roman sovereigns contributed much to obtain legal authority for the Roman law in that country; and this has been confirmed by several laws of the empire and of the different states composing it. But the native laws have every where prior authority, and the Roman law can only be applied in cases where these make no provision; but all those of its rules which relate to institutions confined to Rome have no force. It is not allowed, moreover, to be applied to cases growing out of modern institutions, such as fiefs, primogeniture, bills of exchange, nor in questions belonging to the public law. Many cases, therefore, can happen, in which there may be much doubt whether the Roman law is applicable or not. Prussia and Austria have codes; but in other German states, as in Saxony, there is a great confusion between the Roman and the native law. We have already observed that the effects of the Roman law never would cease, and its influence is perceivable in all the modern codes. We would not be understood as intimating an opinion that the Roman law supersedes the necessity of forming new codes. These are desirable in many nations, on many accounts, and, among others, because the Justinian code itself is not without obscurities, and the language in which it is written renders it inaccessible to the bulk of the people of every modern state; but the welfare of a citizen depends, in a great degree, upon correctly understanding his rights and obligations. Whether the principles of the Justinian code agree or not with those of the English law, it must be of great advantage to the common lawyer to study a digest which contains the record

ed wisdom of many centuries, and furnishes abundantly both examples and warnings. We would recommend to the reader an article on civil law in the American Jurist, No. III, July, 1829 (Boston).

CIVIL LIST; an expression which formerly was customary only in England, but at present prevails also in Germany and France. As used in England, it signifies the sum which is granted to every king, at the beginning of his reign, for the support of his court and household, of ambassadors, and of the civil government in general. It was once a principle in England, as in other Teutonic nations, that the monarch was to pay all the expenses of government, even including those of the army, from the possessions of the crown, the domains (in German, Fürstengüter), and that the subjects were not obliged to contribute any thing more than they voluntarily engaged to. From this principle, which is proved by the history of the origin of the domains, it appears, that the domains, in general, cannot be considered the private property of the ruling family. On the contrary, they are, in general, the property of the state, and have been given to the prince to defray the expenses of government. The crown lands of the Saxon kings were very considerable. After the Norman conquest, they were much increased by confiscation, but were soon diminished by grants. Under Henry VIII, they were again much increased by the secularization of the convents (there existed, at that time, in England, 27 mitred abbots; there were also 2 priories, besides numerous other convents); but the greater part of the possessions of the religious orders was squandered by this prince. William III thought it necessary to strengthen his government by liberally rewarding his most faithful adherents, for which reason he made grants of the crown lands with such profusion that, under the government of his successor (in 1702), a law was passed, prohibiting the alienation of the domains. There exist, therefore, few crown lands in England, at present, and the income from them goes into the public treasury. Formerly, there were only certain annual contributions granted to the king for the support of the government. Under Charles II, the amount of the grant was first settled (£1,200,000). Under James II, this was increased to £1,900,000. The revenue from Scotland was not comprised in this sum. After the revolution of 1688, William's love of war being known and dreaded by his people, no appropriation

was made him for military expenses, and he received for defraying the expenses of the household, and the branches of the civil service immediately under the royal control, the sum of £700,000, and, at a later period, £800,000. This was called the civil list. Under queen Anne, the civil list amounted only to £691,000; under George I, at first, to £750,000, but was increased to £850,000. George II had £800,000. George III resigned all the hereditary crown taxes and revenues, appropriated to defray the expenses of the civil list, for the sum of £800,000, which, in 1777, was increased to £900,000, and at last, in 1812, to £1,028,000. Besides these grants, the debts of the civil list have been paid several times by parliament. From 1760 to 1784, they amounted to nearly £22,000,000. To the present king, the first session of parliament granted £850,000 for Great Britain, and £207,000 for Ireland. With this sum, the expenses of the household, for which £250,000 are assigned, of the ministers, the ambassadors, the justices of the high courts, &c., are paid, and £60,000 of it are appropriated for the king's privy purse. The royal princes, besides, receive incomes from the state. The sum allotted to the king himself would seem very small, if he had not, besides, revenues which amount (probably without including the revenue from Germany, formerly estimated at £100,000) to £300,000.-In France, during the revolution, certain sums were assigned for the support of the king and his family, which civil list differed from the English in so far as all the real expenses of government were separated from it. For the king, according to the law of Nov. 8, 1814, 25,000,000 livres (£1,041,000) were set apart, and for the princes and the princesses, 8,000,000. To these grants are to be added the royal palaces in Paris (the Louvre and the Tuileries), the castles and domains at Versailles, Marly, St. Cloud, Meudon, Rambouillet, Compiegne, St. Germain-en-Laye, Fontainebleau, &c., with all the valuables and works of art appertaining to them; likewise the manufactories of Sevres, Gobelins, La Savonnerie and Beauvais, which were declared inalienable possessions of the crown (dotation de la couronne). The enjoyment of these estates and manufactories belongs to the monarch, without being subject to taxes or any public burdens, and the administration of them belongs to the minister of the household. Distinct from the crown domains are the domains of the state (domaine de l'état), and the private

possessions of the king (domaine privé du roi), which the king acquires like any other individual, pays taxes on, and can dispose of in his last will. If he, however, omits to do so, all his private property falls to the domaine de l'état. Also, all the private property which the king possessed before his accession to the throne, falls, at the moment of his accession, to the domaine de l'état.-In Prussia, the official statement of all the revenues and expenses to supply the ordinary wants of the state in 1821, does not mention the civil list. The expenses which fall under this head are defrayed by the domains, since a part of them, amounting to 2,500,000 Prussian dollars, has been added to the property of the crown. But the greater part of the domains, amounting to 5,600,000 Prussian dollars income annually, has been assigned to meet the public expenses. (Bosse, Darstellung des staatswirthschaftlichen Zustandes in den deutschen Bundesstaaten, 1820, p. 505.)-In Bavaria, the domains have been mostly sold and added to the public treasury, which furnishes to the king and his court 2,745,000 florins annually. The same plan has been followed in Würtemberg and Baden. In both states, the civil lists, according to the narrower sense in which this phrase is understood in France, amounts to nearly 1,200,000 florins, which, in Würtemberg, is increased by 200,000 florins income from the court domains. If we compare these sums with the amount of the finances of the different countries, we find that in

one 60th part,

36th,

21st,

11th,

England, about France, Prussia, Bavaria, Würtemberg and Baden, . . one half, of the revenue of the country is expended for the ruling house, and the proportion is still greater in the case of the smaller governments. It is worth while to compare these sums with the modest salaries of the American cabinet, and the revenue of the Union. In some small governments, the principle of despotism has gone so far as to assign to the court and the ruling family the income of all the domains, and to throw the whole public debt on the country.

CIVILIZATION is one of those comprehensive words which are most used and least understood. Most people take their own time, and, very often, their own country, as the standard whereby they judge the civilization of other ages and

other countries. Whether our age has reached a higher point of civilization than any preceding one, is, of course, a matter of very great doubt, but there is no doubt that it makes louder claims to superiority in this respect than any previous period. Such pretensions are generally the consequence of ignorance of other times and their productions. It is certainly a circumstance worthy of some consideration, that persons whose talents and acquirements have enabled them to take wide and penetrating views of the past and present, have shown the least disposition to echo the cry of the march of intellect. The different opinions respecting civilization may be comprised under a few heads: -1. Some people believe in the possibility of constant advancement, and the ultimate attainment of perfect civilization, a consequence of which will be perfect happiness. 2. Others believe that every nation, which arrives at a marked intellectual developement, goes through certain stages of civilization, and, after reaching the highest point which it is capable of attaining, declines; that, moreover, the march of improvement in different nations shows itself in different ways, e. g., by the progress of the fine arts and philosophy among the Greeks, by the advancement of the natural sciences and the construction of great works of architecture among the Egyptians, by the developement of the law among the Romans, &c. 3. Some believe in a general progress of the intellect to a certain point, after which an equally general decline commences, thus making the race subject to the same laws as the individual. 4. Some persons cannot discover any regularity in the march of civilization.-However these different opinions may appear, when measured by metaphysical theories, the second seems to be most conformable to history, with this qualification, however, that the increasing communication between nations has subjected many to similar influences, so that the opinion is applicable, at present, rather to families of nations than to single ones. Another subject, on which much difference of opinion exists, is, respecting the place where civilization originated. It is usually said, in Asia: some inquirers, however, make Ethiopia its first seat, in support of which opinion, various passages are cited from the Greek writers. Little doubt seems to exist, that the Greeks received their civilization from Egypt. Mr. Alexander Everett, in his work on America, goes so far as to maintain that it ap

pears, from the historical sources we possess, that civilization commenced with the blacks; that "the blameless Ethiopians" of Homer were considered, by the Greeks, as superior beings to themselves; and that the Egyptians, before they became mingled with white races, were people of color, or Negroes-an opinion which the learned gentleman has recently advanced again in a public lecture. Ă further and highly important question respecting civilization, is, How far was it aided or produced by Christianity? Some persons contend that all the civilization which we enjoy is owing to Christianity, even our progress in science, &c. Others assert the contrary, and say that history shows that Christianity has hardly ever taken the lead in promoting civilization, which, in every stage of its progress since the birth of Christ, has been urged on by other causes, as the revival of learning, promoted by the conquest of Constantinople, the propagation of democratic notions by the disbelieving philosophers of France, &c., and that Christianity rather accommodated itself to the effects produced by these causes. A third class believe that Christianity had a great influence on civilization in former ages, but that its influence in this respect has become less, as that of science has become stronger. (See Perfectibility.)

CIVITA, in geography, the Latin civitas, truncated in the Italian way, appears in many names of cities, as Cività Lavinia.

CIVITÀ VECCHIA (anciently, Centum Cella); a seaport of the popedom, in the patrimony of St. Peter, 27 miles N. W. Rome; lon. 11° 45′ E.; lat. 42° 5 N.; population, 7,111. The port was enlarged and rendered commodious by Trajan. It is one of the best in the papal dominions, and next to Ancona in commercial importance. Here are about 6000 galley-slaves. It is the capital of the delegation Cività Vecchia.

CLAIRFAIT. (See Clerfati.)

CLAIRON, Claire-Josephe-Hippolyte-Legris de la Tude; a celebrated French actress. She evinced, when very young, a predilection for the stage, and, adopting the theatrical profession, soon became the first tragic performer of her age and country. Garrick, when he visited Paris, became acquainted with her, and afterwards testified the highest admiration of her talents. She long remained without a rival, and, having retired from the stage, died at an advanced age, in 1803. She published Mémoires et Réflexions sur la Déclamation Theatrale.

CLAN (Erse, a tribe or family), among the Highlanders of Scotland, consisted of the common descendants of the same progenitor, under the patriarchal control of a chief, who represented the common ancestor. The name of the clan was formed of that of the original progenitor with the affix mac (son): thus the MacDonalds were the sons of Donald, and every individual of this name was considered a descendant of the founder of the clan, and a brother of every one of its members. The chief exercised his authority by right of primogeniture, as the father of his clan: the clansmen revered and served the chief with the blind devotion of children. The appellation of the chiefs had, generally, a reference to the history of their ancestors, and denoted little more than that they were the descendants of the first father of the clan; thus the chief of the Macdonnells was Mac Allister More (the son of the great Allister). They were distinguished from the rest of the clan by a feather in their bonnets. Each clan was divided into two orders, the tenants or taksmen, the near relations of the chief, to whom portions of land were assigned, during pleasure or on short leases, and whose descendants were generally merged in the second class, or commoners, by the resumption of the land. The taksman usually had a subdivision of the clan under him, of which he was chieftain, subject, however, to the general head of the sept. The jurisdiction of the chiefs was not very accurately defined, but, as is generally the case in such a state of society, it was necessary to consult, in some measure, the opinions of the most influential clansmen, and the general wishes of the whole body. The rebellions of 1715 and 1745 induced the English government to break up the connexion which subsisted between the chiefs and the clansmen. The hereditary jurisdiction of the chiefs was, therefore, abolished, the people disarmed, and even compelled to relinquish their national dress; and but few traces of this institution now remain. (See Mrs. Grant's Superstitions of the Highlanders.)

CLAP, Thomas, president of Yale college, was born at Scituate, Massachusetts, June 26, 1703. He was graduated at Harvard college in 1722, and afterwards commenced the study of divinity. For his acquisitions in this and in various other branches of knowledge, particularly mathematics, astronomy, natural and moral philosophy, history, the civil and canon law, he was much distinguished, and pos

sessed, also, a competent knowledge of Greek, Latin and Hebrew. He prosecuted his ecclesiastical labors at Windham, Connecticut, from 1726 to 1739, when he succeeded the reverend Elisha Williams in the presidency of Yale college. He was an impressive and powerful preacher, and a man of exemplary piety and singular industry. His religious sentiments were in accordance with the Calvinism of the Westminster assembly. He constructed the first orrery or planetarium made in America, and published a History of Yale College, a Brief History and Vindication of the Doctrines received and established in the Churches of New England, two Sermons, and Conjectures upon the Nature and Motion of Meteors which are above the Atmosphere. He had prepared also materials for a history of Connecticut, but his manuscripts were carried off in the expedition against New Haven under general Tryon. He died on the 7th of January, 1767, in the 64th year of his age, having resigned his station as president the year previous.

CLAPPERTON, captain Hugh, the African traveller, was born in Annan, Dumfriesshire, in 1788. After some elementary instruction in practical mathematics, he was bound apprentice, at the age of 13, to the owner of a vessel trading between Liverpool and North America, in which he made several voyages. He was then impressed into his Britannic majesty's service, was soon after made a midshipman, served on the American lakes in 1815, and, in 1816, received the commission of lieutenant. Having retired to Scotland, he became acquainted with doctor Oudney, who was about to embark for Africa, and requested permission to accompany him. Lieutenant (since colonel) Denham having volunteered his services, and it being intended that researches should be made, to the east and west, from Bornou, where doctor Oudney was to reside as British consul, his name was added to the expedition by lord Bathurst. In the Recent Discoveries in Africa, made in 1823 and 1824, by Major Denham, Captain Clapperton and Doctor Oudney (London, 1826), we have accounts of an excursion from Mourzouk to Ghraat, a town of the Tuarics, by doctor Oudney; of a journey across the desert to Bornou, of various expeditions to the southward and eastward, by major Denham; and of an excursion through Soudan to the capital of the Fellatahs, by captain Clapperton. The expedition set out from Mourzouk Nov. 29, 1822, and

arrived at lake Tchad, in the kingdom of Bornou, Feb. 4, after a journey of 800 miles. Six days after they entered the capital, Kouka, Clapperton, in company with doctor Oudney, who died on the way, set out on an expedition to Soccatoo, the capital of Houssa, more than 700 miles east of Kouka, which he reached in 90 days. He was not permitted to pursue his journey to the west, and returned to Kouka, and thence to England in 1825. The information which the travellers collected, in regard to the habits and commerce of the people of Central Africa, was important, as showing the existence in that quarter of a large population of a peaceable disposition, and possessed of a considerable civilization. The geographical information collected was not without its value, although it left undecided the disputed questions of the course and termination of the Niger. They proceeded south from Tripoli (lat. 32° 30') to Musfeia (lat. 9° 10), being 1400 miles in difference of latitude, and from Zangalia, on the east of lake Tchad (lon. 17° E.), to Soccatoo (lon. 6° E.), making a difference of longitude of 660 miles. They thus determined the position of the kingdoms of Mandara, Bornou and Houssa, their extent, and the position of their principal cities. On his return to England, lieutenant Clapperton received the rank of captain, and was immediately engaged, by lord Bathurst, for a second expedition, to start from the Bight of Benin. Leaving Badagry, Dec. 7,1825, he pursued a north-easterly direction, with the intention of reaching Soccatoo and Bornou. Two of his companions, captain Pearce and doctor Morrison, perished, a short time after leaving the coast, and Clapperton pursued his way, accompanied by his faithful servant Lander. At Katunga, he was within 30 miles of the Quorra or Niger, but was not permitted to visit it. Continuing his journey north, he reached Kano, and then proceeded westward to Soccatoo, the residence of his old friend Bello. Bello refused to allow him to proceed to Bornou, and detained him a long time in his capital. This conduct appears to have arisen from the war then existing between Bello and the sheik of Bornou, and to the intrigues of the pacha of Tripoli, who had insinuated that the English meditated the conquest of Africa, as they had already conquered India. This disappointment preyed upon Clapperton's mind, and he died, April 13, 1827, at Chungary, a village four miles from Soccatoo, of a dysentery. (See Journal of a Second Expedition from

Kano to the Sea-coast, partly by a more eastern Route, London, 1829; Philadelphia, 1829; to which is added the Journal of Richard Lander (the servant of Clapperton). Clapperton was the first European who traversed the whole of Central Africa, from the Bight of Benin to the Mediterranean. We have thus a continuous line from Tripoli to Badagry, which is of great importance from the assistance which it will afford to future researches. Clapperton was a man without education, but intelligent and impartial; of a robust frame and a happy temperament. He was capable of enduring great hardships. His knowledge of the habits and prejudices of the Central Africans, his frank, bold and cheerful manners, would have rendered him peculiarly useful in promoting the designs of the British government in that quarter.

CLARE, John (called the peasant of Northamptonshire), a natural poet, born, July 13, 1793, at Helpstone, near Peterborough, in Northamptonshire, England, was obliged, when very young, to maintain his father, a day-laborer, who had become crippled, and his helpless family, by manual labor. The sufferings of the most abject poverty he has described with heart-rending truth, in his poem, Address to Plenty in Winter. The scanty assistance which the father received from the parish lightened the burden of supporting the family, and John succeeded in saving money, by means of extra labor, to enable him to learn to read. He now read, by night, Robinson Crusoe, and other books that were lent him. Thomson's Seasons first excited Clare's poetic talents in his 13th year, and suggested to him his first poem, the Morning Walk, to which he soon added the Evening Walk. John Turnhill of Helpstone, whose notice this attempt had attracted, now adopted the boy, and taught him writing and arithmetic. Clare made rapid progress, and succeeded, moreover, in acquiring considerable skill on the violin, though he was obliged to devote the whole day to labor, and had no instruction, except some advice from a village musician. This accomplishment he afterwards used as a means of support. He continued to write poetry for 13 years, with no other encouragement than the pleasure which he derived from it, and sung of God and the beauties of nature, while he labored with the hoe and spade. In December, 1818, one of his sonnets fell into the hands of Edward Drury, a bookseller at Hamford. The poem was upon the setting sun.