CIVIL Law, is properly the peculiar law of each state, country, or city; but what we usually mean by the civil law, is a body of laws composed out of the best Roman and Grecian laws, compiled from the laws of nature and nations; and, for the most part, received and observed, throughout all the Roman dominions for above 1200 years. See LAW Index.

It was first brought over into England by Theobald a Norman abbot, who was elected to the see of Canterbury in 1138; and he appointed a professor, viz. Roger surnamed Vicarius, in the university of Oxford, to teach it to the people of this country. Nevertheless, it gained ground very slowly. King Stephen issued a proclamation, prohibiting the study of it. And though the clergy were attached to it, the civil law rather wished to preserve the old constitution. However, the zeal and influence of the clergy prevailed; and the civil law acquired great reputation from the reign of King Stephen to the reign of King Edward the III. both inclusive. Many transcripts of Justinian's Institutes are to be found in the writings of our ancient authors, particularly of Bracton and Fieta; and Judge Blackstone observes, that the common law would have been lost and overrun by the civil, had it not been for the incident of fixing the court of common pleas in one certain spot, and the forming the profession of the municipal law into an aggregate body.

It is allowed that the civil law contains all the principles of natural equity; and that nothing can be better calculated to form good sense and sound judgment. Hence, though in several countries it has no other authority but that of reason and justice, it is everywhere referred to for authority. It is not received at this day in any nation without some alterations; and sometimes the feudal law is mixed with it, or general and particular customs; and often ordinances and statutes cut off a great part of it.

In Turkey, the Baflics are only used. In Italy, the canon law and customs have excluded a good part of it. In Venice, custom hath almost an absolute government. In the Milanese, the feudal law and particular customs bear sway. In Naples and Sicily, the constitutions and laws of the Lombards are said to prevail. In Germany and Holland, the civil law is esteemed to be the municipal law; but yet many parts of it are there grown obsolete; and others are altered, either by the canon law or a different usage. In Friesland, it is observed with more strictness; but in the northern parts of Germany, the jus Saxonicum, Lubeccense, or Culmense, is preferred before it. In Denmark and Sweden, it hath scarce any authority at all. In France, only a part of it is received, and that part is in some places as a customary law; and in those provinces nearest to Italy it is received as a municipal written law. In criminal causes, the civil law is more regarded in France; but the manner of trial is regulated by ordinances and edicts. In Spain and Portugal, the civil law is connected with the jus regium and custom. In Scotland, the statutes of the federunt, part of the regiam majestatem, and their customs, control the civil law.

In England, it is used in the ecclesiastical courts, in the high court of admiralty, in the court of chivalry, in the two universities, and in the courts of equity; yet in all these it is restrained and directed by the common law.

CIVIL Society. See LAW Index.

CIVIL State, in the British polity, one of the general divisions of the LAITY, comprehending all orders of men, from the highest nobleman to the meanest peasant, that are not included under the MILITARY or MARITIME states; though it may sometimes include individuals of these as well as of the CLERGY; since a nobleman, a knight, a gentleman, or a peasant, may become either a divine, a soldier, or a seaman. The division of this state is into NOBILITY and COMMONALTY. See these articles.

CIVIL War, a war between people of the same state, or the citizens of the same city. CIVIL Year, is the legal year, or annual account of time, which every government appoints to be used within its own dominions; and is so called in contradiction to the natural year, which is measured exactly by the revolution of the heavenly bodies.