Ancient Law/Index
INDEX.
Adoption, fiction of, 130.
influence of the sacra gentilieia on the law of, 6, 7, 27.
in Hindoo law, 193.
Adprehensio; or assumption of sovereign power in a newly discovered country, 249.
Æquitas, the term, 58. See Equity.
Æquus, the word, 59.
Agnatic and Cognatic relationship, difference between, 59, 146.
Agnation described, 147, 148.
Agreement, Roman analysis of, 322.
Agri vectigales, Roman practice of letting out, 300.
limitrophi of the Romans on the banks of the Rhine and Danube, 502.
Alexander the Sixth, Pope, his Bull, 249.
Alfred, King, his remarks on criminal jurisdiction quoted, 398.
Alienation of property, ancient difficulties of, 271.
archaic ceremonies of, 272.
Allodial property, of the ancient Germans, 228, 281.
America, United States of. Declaration of Independence of, 95.
Anglo-Saxons, character of their Kingship, 108.
their law of succession, 280.
their penal law, 370, 374, 379.
Archon of Athens, office of the, 10.
Aristocracies, origin of the rule of, 10.
those of Greece, Italy, and Asia Minor, 10.
difference between those of the East and West, 11.
aristocracies, the depositaries and administrators of the law, 11, 12.
Aristocracies, importance of judicial, before the invention of writing, 12.
foundation of aristocracies, 132.
Aristotle, his "Treatise on Rhetoric" referred to, 75.
Assignees in Bankruptcy, succession of, 180.
Athenian wills, 196.
Athens, primitive penal law of, 382.
Augustus, the Emperor, his alterations in the Roman law, 41, 42.
Austin's "Province of Jurisprudence determined," referred to, 7.
Bayle referred to, 87.
Benefices of the invading chiefs of the Roman Empire, 229.
transformation of the Benefice into the hereditory Fief, 230.
Bengalee Wills, 197.
Bentham, his "Fragment on Government" referred to, 7.
causes of bis influence in England, 78.
the Roman counterpart of Benthanism, 79.
his theory of Jurisprudence, 117.
his eulogy of the Bull of Pope Alexander the Sixth, 249.
Bentham and Austin's rules as to the essentials of a contract, 323. Blackstone, Sir William, his theory of the first principles of law, 114.
his justification for the exclusion of the half-blood, 152.
his theory of the origin of property quoted, 251.
his theory criticised, 253.
Bonorum Possessio of the Romans, 211.
Bracton, hu plagiarisms, 82.
Burgundians, the, referred to, 104.
Caesar, Julius, his contemplated additions to the Roman Statute Law, 42.
Capet, Hugh, character of his sovereignty, 108.
Capture in War, sources of the modern International Law of, 246.
ancient Law of, 247.
Caracalia, effect of his constitution in enlarging the Patria Potestas, 144.
Casuists, the, 350.
comparison of their system with that of Grotius and his school, 351.
origin of Casuistry, 351.
blow struck at Casuistry by Pascal, 352.
Cessio in Jure of Property, in Roman and in English law, 289.
Cestui que Trust, special proprietorship created for the, 294.
Chancellor, the Lord, compared with a Roman Prætor, 64, 65.
Chancery, Court of, in England, remarks on the, 44.
origin of its system, 44, 45.
Charlemagne, his claim to universal dominion, 104.
his distribution of Benefices, 229.
Children, disinherison of, under the Romans, 215.
China, cause of the arrest of progress in, 25.
Churches, Eastern and Western, conclusions of the East on theological subjects accepted by the West without dispute or review, 356.
problems of the Western Church, 357.
Cicero referred to, 61.
his allusions to the ancient Roman Sacra, 193.
Code Napoléon, restraints imposed by it on the testamentary power, 176.
Codes, Ancient, 1.
sources of knowledge afforded by the Greek Homeric poems, 2.
Themistes, 4.
Hindoo Laws of Menu, 6.
difference between Case-law and Code law, 14.
era of Codes, 14.
the Twelve Tables, 1, 2, 14.
the Codes of Solon and Draco, 14.
importance of Codes to ancient societies, 16-19.
Co-emption, or higher form of civil marriage of the ancient Romans, 154.
Cognatic relationship described, 146, 147.
Co-heirs, rights and duties of, 181.
rights of, under the Roman Law, 227.
Coloni of the Romans, 231.
origin and situation of the, 300.
Comitia Calata, ancient Roman execution of Wills in the, 199.
end of the, 203.
Comitia Centuriata, power of the, 387.
Curiata, powers of the, 318.
Tributa, powers of the, 388.
Commentaries of the Roman lawyers, 35.
Common law of England, formerly an unwritten law, 13.
difference between Case-law and Code law, 14.
Case-law and its anomalies, 31.
similarity between English Case-law and the Responsa Prudentum of the Romans, 33.
Confarreation, or religious marriage of the ancient Romans, 154.
Constantiue, the Emperor, his improvements in the Law, 42.
his modification of the Patria Potestas, 143.
Contract, movement of societies from Status to, 170.
early history of, 304.
Contract and Political Economy, 305.
Rousseau*s doctrine of an original Social Contract, 308, 309.
Montesquieu's apologue of the Troglodytes, 311.
early notions of Contract, 312.
Roman Contracts, 314.
specialising process in ancient law, 316.
historical alliance between Contracts and Conveyances, 317.
changes in the Nexum, 318.
Executory Contracts of Sale, 321.
primitive association of Conveyances and Contracts, 321.
ancient and modern doctrine of Contracts, 323.
the Roman Obligation, 323.
Roman classification of Contracts 325.
Contract, the Verbal Contract, 327.
the Literal or Written Contract, 330.
the Real Contract, 331.
Consensual Contracts, 332.
changes in Contract law, 337.
history of the progress of Contract law, 338.
Quasi-Contracts, 343.
Contract law and Fiefs, 365.
Conveyances, relation of Wills to, under the Roman law, 204.
consequence of this relation, 206.
remedies, 207.
historical alliance between Contracts and Conveyances, 317.
Co-ownership of property, amongst the Hindoos, 260, 261.
regarded by the Roman law as exceptional and momentary, 261.
Corporations aggregate, 187.
sole, leading attribute of, 187.
"Corpus Juris Civilis" of Justinian, 68.
resorted to by English Chancery judges, 44.
Creation, Greek philosophical explanation of the fabric of, 55.
Creditors, cause of the extravagant powers given to, by ancient laws, 321.
Crimes and Wrongs. See Delict and Crime.
Croatia, co-ownership of the villagers of, 267.
Curatores of male Orphans under the Roman law, 161.
Curse, inherited, Greek notion of an, 127.
Customary Law, 5.
Homeric terms for customs, 5.
origin of customary law, 9.
epoch of customary law and its custody by a privileged order, 13.
Cyclops, Homer's account of, quoted, 124.
Death, disappearance of, from the penal system of republican Rome, 387.
causes for this, 387, 388.
death-punishment a necessity in certain stages of society, 389.
Debtors, cause of the severity of ancient laws against, 321.
Decretals, forged, motives of the author of the, 82.
Delict and Crime, early history of, 367.
Penal law in ancient codes, 367.
Eldon, Lord, his Chancellorship, 69.
Elphinstone's "History of India" quoted, 263.
Emphyteusis, system of, 299, et seq.
rights of the Emphyteuta, 301.
Emptor Familiæ. See Familiæ Emptor.
England, the Land-law of, at the present time, 226.
English Common law, formerly an unwritten law, 13.
law, hesitation of our Courts in declaring principles of, 40.
Equality of men, doctrine of the, 92.
as understood by the Roman jurisconsults, 93.
its meaning in its modern dress, 93.
ordinance of Louis Hutin quoted, 94.
declaration of American Independence, 95.
assumption of the Grotian school, 101.
Equity, early history of, 25.
equity considered as an agent by which the adaptation of law to social wants is carried on, 28.
meaning of the term equity, 28.
difference between equity and legal fictions, 28.
between equity and legislation, 28, 29.
remarks on the law of nature and equity, 44, et seq.
the English Court of Chancery, 44.
origin of its system, 44, 45.
the equity of Rome, 45.
origin and history of the term "Equity," 58.
the terms Æquitas and Ἰσότης, 58.
picture presented to the Roman mind by the word "Equity," 60.
the English Chancellor compared with the Roman Prætor, 65.
exhaustion of the power of growth in Roman Equity, 68.
features common to English and Roman Equity, 68, et seq.
distinction between Law and Equity in their conceptions of proprietary right, 293.
Ethics, obligations of to the Roman law, 347.
the Casuists, 350.
Ethics, Grotius and his school, 350.
Familia, meaning of in the language of the ancient Roman law, 208.
Familiæ Emptor, office of the, 205.
rights and duties of the, 206.
remarks on the expression Familiæ Emptor, 208.
Family, the, of Archaic society, 133.
disintegration of the Family, 169.
regarded as a corporation, 184.
organisations of elementary communities, 234.
Highland chieftainship, 234.
Families, not Individuals, known to ancient law, 258.
Indian, Russian, Croatian, and Sclavonian laws respecting the property of Families, 260-269.
Feudal view of the ownership of property, 295.
Feudal services, 303.
Feudalism, its connection with territorial sovereignty, 107.
feudal organisation, 107, 108.
the modern Will an accidental fruit of, 224, 225.
Feudalism and Contract law, 365.
Fictions, legal, 21, 23.
early history of, 23.
meaning of fictio in old Roman law, 25.
object of the fictiones, 26.
instances cited from the English and Roman law, 26.
their former importance and modern uselessness, 27, 28.
difference between legal fictions and equity, 28.
and between legal fictions and legislation, 29.
instances of legal fictions, 31.
Case-law and its anomalies, 31.
Fidei-Commissa, or Bequests in Trust, of the Roman Law, 223.
Fiefs, hereditary, gradual transformation of Benefices into, 230.
original tenures, 230, 231.
laws of fiefs, 365.
Foreigners, causes of immigration of, into ancient Rome, 46, 47.
exclusion of, under the early Roman republic, 48.
France, lawyers and juridical science of, 80, et seq.
effects of the alliance between the lawyers and the kings, on the fortunes of, 80, 81.
difference between the Pays du Droit Coutumier and the Pays du Droit Écrit, 84.
pre-eminence given in France to Natural Law, 85.
Rousseau, 87.
the Revolution, 89.
Franks, the, referred to, 104.
Roman institution of the Patria Potestas not known to the, 143.
Freewill and Necessity, question of, unknown to the Greeks, 304.
Furtum, or Theft, of the Roman Law, 370.
Gaius referred to, 52.
his description of the institution of the Patria Potestas, 133.
his information respecting the Perpetual Tutelage of Women, 153.
on the duplication of proprietary right, referred to, 295.
Galatæ, the Patria Poteslls of the, 136.
Gens, or House, of the Romans compared with the Village Community of India, 264.
Gentiles, Roman, their rights in cases of Intestate Succession, 221.
German law of Succession, 280.
Germans, Wills of the ancient, 196, 198.
penal laws of the, 367.
Patria Potestas of, 143.
primitive property of, 198.
the ancient law of allodial property, 228.
"Germany" of Tacitus, its value, 120.
suspicions as to its fidelity, 121.
allodial property of, 281.
Greece, aristocracies of, 10.
Greek theory of a Law of Nature, 52, 53.
Greeks, equality of laws on which they prided themselves, 58.
their tendency to confound law and fact, 75.
their notion of an inherited curse, 127.
assistance afforded by, in the formation of the Roman codes, 15.
limited Patria Potestas of the, 136, 137.
metaphysics of the, 300.
their want of capacity for producing a philosophy of law, 354.
Grote, Mr., his "History of Greece," referred to, 5, 9.
Grotius, Hugo, and his successors on International law, 96.
his doctrines, 100.
success of his treatise "De Jure Belli et Pacis," 111.
his theory of a Natural State and of a system of principles congenial to it, 114.
his moral philosophy and that of his school, 350.
comparison of his system with that of the Casuists, 351.
Guardianship, Perpetual, of Women, under the Roman law, 153.
amongst the Hindoos, 153.
amongst the Scandinavians, 153.
Hæreditas, or Inheritance, definition, 181.
Hæres or Heir, his rights and duties, 181, 190, 227.
Half-blood relationship, 151.
the rule according to the customs of Normandy, 151.
Haus-Gesetze of Germany, 232.
Heirs, rights of, under the Roman Law, 131, 190, 227.
Highland chieftainship hereditary, 234.
form of Primogeniture, 240.
Hindoo laws of Menu, 6, 17, 18.
Customary Law, 7.
law of Succession, 280.
difference between Inheritances and Acquisitions, 281.
Perpetual Tutelage of Women amongst the, 153.
right amongst the, to inherit a dead man's property, 191.
the Hindoo sacra, 192.
the Suttee, 193.
the place of Wills amongst the Hindoos occupied by Adoptions, 193.
rights of the first-born son amongst the, 228.
primogeniture of the Hindoos in public office or political power, but not in property, 233.
Hindoos, form of Ownership of Property amongst the, — the Village Community, 260.
Co-ownership, 261.
simplest form of the Village Community, 262, 265.
Acquisitions of Property and Inheritances, Hindoo distinction between, 281.
Hobbes, his theory of the origin of law, 114.
Homer, his account of the Cyclops quoted, 124.
his description of an ancient lawsuit, 377.
Homeric poems, rudimentary jural ideas afforded by the, 2, 3.
Themis and Themistes, 4, 5.
Homeric words for Custom, 5.
India, heroic and aristocratic eras of the races of, 10.
laws of Menu, 6, 17, 18.
Customary law of, 7.
stage beyond which India has not passed, 23.
Inheritance a form of universal succession, 177.
Roman definition of an Inheritance, 181.
old Roman law of, 189.
and Acquisition, Hindoo differences between, 281.
Injunction of the Court of Chancery, 293.
Institutes of the Roman lawyers, 35.
International law, modern confusion between it and Jus Gentium, 53.
function of the law of Nature in giving birth to modern International Law, 96.
postulates forming the foundation of International Law, 96.
Grotius and his successors, 96.
Dominion, 102.
territorial Sovereignty, 103.
the ante-Grotian system of the Law of Nations, 109.
preparation of the public mindfor the reception of the Grotian system, 110.
success of the treatise "De Jure Belli et Pacis," 111.
points of junction between modern public law and territorial sovereignty, 112.
sources of the mode in case of Capture in War, 46.
Intestacy. See Succession, Intestate.
Ἰσότης, the Greek principle of, 58, 61.
Italy, aristocracies of, 10.
codes of, 17.
instability of society in ancient, 47.
territorial sovereignty of the princes of, 108.
Jews, Wills of the, 197.
Julianus, Salvius, the Prætor, his Edict, 64.
effect of his measures on the Prætorian Edicts, 66.
Jurisconsults, early Roman, 37—39.
later, 41.
Natural Law of the, 76.
Jurisprudence, golden age of Roman, 55.
Jurists, Roman, period of, 66, 68.
Jus Gentium, origin of, 47, et seq.
circumstances of the origin of, 50.
how regarded by a Roman, 51.
and by a modern lawyer, 51.
difference between the Jus Gentium and the Jus Naturale, 52, 53.
point of contact between the old Jus Gentium and the Jus Naturale, 58.
difference between the Jus Gentium and the Quiritarian law, 59.
influence of the, on modern civilisation, 103.
Jus Feciale, or International Law of the Romans, 53.
Jus Naturale, or Law of Nature, 52.
difference between the Jus Naturale and the Jus Gentium, 53.
Greek conceptions of Nature and her law, 53.
point of contact between the old Jus Gentium and the Law of Nature, 58.
modern history of the Law of Nature, 73.
Natural law of the Roman Jurisconsults, 76.
ancient counterpart of Benthamism, 79.
vastness of the influence of the Law of Nature on modern society, 80.
history of the Law of Nature, 80, et seq.
pre-eminence given to Natural law in France, 85.
ancient Roman Marriage, 154.
Master and Slave, 162.
Leges Barbarorum, 297.
Leges Corneliæ of Sylla, 41, 42.
Leges Juliæ of Augustus, 41, 42.
Legis Actio Sacrament! of the Romans described, 375.
Legislation, era of 25.
considered as an agent by which the adaptation of law to the social wants is carried on, 29.
difference between it and legal fictions, 28, 29.
Lex Calpurnia de Repetundis, the first true Roman Criminal Law, 384.
Lex Plætoria, purport of the, 161.
Lidi of the Germans, 231.
Local Contiguity as the condition of community in political functions, 132.
Locke, John, referred to, 87.
his theory of the origin of law, 114.
Lombards, referred to, 114.
Louis Hutin, King of France, his ordinance quoted, 94.
Mahometan Law of Succession, 242.
Majority and Minority, meaning of the terms in Roman Law, 162.
Mancipation, Roman, 50, 204, 278, 317.
mode of giving the effect of Mancipation to a Tradition, 279.
Manus of the Romans, 317.
Marriage, ancient Roman, 154.
later Roman, 155.
Master and Slave, 162.
under the Romans, 163.
in the United States, 163.
Menu, Hindoo laws of, 6, 17, 18.
Merovingian kings of the Franks, 104.
Metayers, the, of the south of Europe, 301.
"Moniteur," the, during the period of the French Revolution, 92.
Montesquieu's "Esprit des Lois," remarks on, 86.
his Theory of Jurisprudence, 115.
Apologue of Montesquieu concerning the Troglodytes, in the "Lettres Persanes," 311.
Moral doctrines, early, 127.
Mortgagor, special proprietorship created by the Court of Chancery for the. 294.
Moses, testamentary power not provided for by the Laws of, 197.
Naples, territorial sovereignty of the monarchs of, 108.
Nations, Law of, 96, et seq. See International law and Jus Gentium.
Nature and her law, Greek conceptions of, 53.
Nexum, of the ancient Romans, 48, 315.
changes in the, 518.
Normandy, customs of, referred to, 151.
Νόμος, the word not known to the Homeric poems, 5.
Nuncupatio, of the Romans, 205.
Obligations of the Roman law, 323.
rights and duties of, 324.
Occupatio, or Occupancy, of the Roman Law, a "natural mode of acquiring property," 245, 250
things which never had an owner, 245.
things which have not an owner, 245.
Capture in war, 246.
Discovery, 248.
objections to the popular theory of Occupancy, 256.
Ordinance of Louis Hutin quoted, 94.
Orphans, Guardianship of male, under the Roman law, 160.
Pactes de Famille of France, 232.
Pascal, his "Lettres Provinciales," 352.
Paterfamilias in elementary communities, 234, 235.
Patria Potestas, the, of the Romans, 133.
of the Galatæ, 136.
of the Greeks, 136, 137.
causes which helped to mitigate the stringency of the father's power over the persons of his children, 141.
liabilities of the Paterfamilias, 145.
unity of person between the Paterfamilias and the Filiusfamilias, 145.
rights and duties of the Paterfamilias, 145, 146, 234, 235.
the Patria Potestas not a durable institution, 146.
Patriarchal theory of primeval jurisprudence, 122.
chief points from Scriptural accounts, 123.
Homer's account of the Cyclops, 124.
Pays du Droit Écrit and Pays du Droit Coutumier, difference between the 84.
Peculium, the, of the Romans, 142.
Castrense Peculium, 142.
Quasi-castrense Peculium, 142.
Penal law in ancient codes, 367.
Perjury, how punished by the ancient Romans, 893.
Persian monarchy, heroic and aristocratic eras of the races composing the, 11.
Persians, the ancient, their veracity, 308.
Φύσις of the Greeks, meaning of the, 53.
Plebeian Wills of the Romans, 201.
legalised by at the Twelve Tables, 202.
their influence on the civilisation of the modern world, 203.
Political ideas, early, 128.
foundation of aristocracies, 132.
Political Economy and Contract, 305.
Polygamy, its influence on Primogeniture, 243.
Possessory interdicts of the Roman law, 291.
Prætor, origin of the office of, 62.
Edict of the, 41, 57, 63, 66.
the Roman, compared with an English Chancellor, 64, 65.
restraints on the Prætor, 65.
the Prætor the chief equity judge as well as the great common law magistrate, 67.
Prætor Peregrinus, office of the, 63.
Prætorian Edict of the Romans, 41, 57, 65, 66.
the Edictum Perpetuum, 63.
that of Salvius Julianus, 64, 66.
remedies given by the, 293.
Prætorian Will, the, 209.
described, 210.
Prescription of Property, history of, 284, et seq.
Primogeniture, changes in Law of Succession, caused by, 225.
almost destroyed by the authors of the French code, 225, 226.
results of the French system, 226.
rights of the first-born son amongst the Hindoos, 228.
early history of Primogeniture, 229.
Benefices, 229.
gradual transformation of Benefices into hereditary Fiefs, 230.
the Pactes de Famille of France and the Haus-Gesetze of Germany, 232.
causes of the diffusion of Primogeniture, 232.
Primogeniture in public offices or political power amongst the Hindoos, but not in property, 233.
ancient forms of Primogeniture, 235.
why did Primogeniture gradually supersede every other principle of Succession? 235.
earlier and later Primogeniture, 257.
Hindoo rule of the eldest son and of the eldest line also, 239.
Celtic form of Primogeniture, 240.
Mahometan form, 242.
influence of polygamy on Primogeniture, 243.
Progress, causes of the arrest of, of the greater part of mankind, 77.
Property, early history of, 244.
"natural modes" of acquisition, 244.
Occupancy, 245.
Capture in War, 246.
rule of Discovery, 248.
history of the origin of property, 250.
Blackstone on the theory of Occupancy as the origin of property, 251.
aphorism of Savigny on the origin of property, 254.
objections to the popular theory of Occupancy, 256.
Co-ownership amongst the Hindoos, 260.
the Gens, or House, of the Romans compared with the Village Community of India, 264.
Russian village co-ownership, 266.
Croatian and Sclavonian Laws respecting the property of Families, 269.
ancient difficulties of Alienation, 271.
natural classification of property, 273.
ancient modes of transfer of property, 276.
definition of the Res Mancipi, 277.
tradition of property, 578.
distinction between Res Mancipi and Res nec Mancipi, 279.
Hindoo law of Inheritances and Acquisitions, 281, 282.
law of moveables and law of land, according to the French Codes, 283.
and in England, 283.
Usucapion, or Prescription, 284.
Cessio in Jure, or recovery, in a Court of Law, of property sought to be conveyed, 289.
influence of Courts of Law and of their procedure upon Property, 290.
distinction between Property and Possession, 290.
and between Law and Equity in their conceptions of proprietary right, under the Roman and English Law, 293.
feudal view of Ownership, 295.
Roman and barbarian law of Ownership, 296.
Roman system of Tenancy, 299.
the Coloni of the Romans and the Metayers of the South of Europe, 300, 301.
rights of the Emphyteuta, 301.
the Agri Limitrophi of the Rhine and the Danube, 302.
Proscriptions, Roman, origin of the, 389.
Pupilage or Wardship in modern jurisprudence, 162.
compared with the Guardianship of Orphans under the Roman Law, 162.
Quasi-Contract, 343.
meaning of, in Roman law, 344.
Quasi, meaning of the word, in Roman law, 344.
Quæstores Parricidii of the ancient Romans, 383.
Quæstiones Perpetuæ of the Romans, 384.
theory of the Quæstiones, 386.
results traceable to the Quæstiones, 391.
Querela Inofficiosi Testamenti of the old Roman law, 215.
Quiritarian Liaw, the, 48.
principles of the, 59.
difference between it and the Jus Gentium, 59.
Recoveries, collusive, of property in the Roman and English Law, 289.
Regency, form of, according to the French custom regulating the succession to the throne, 240.
Reipus, the, of Germany, 281.
Res Mancipi and Res nec Mancipi, 274, 279.
definition of the Res Mancipi, 277.
Res nullius of the Roman Law, 246.
Responsa Prudentium of the Romans, described, 33.
similarity between them and English Case-law, 33.
decline and extinction of the Responses, 40, 41.
Revolution, French, effects of the theory of the state of Nature on the, 91.
Rex Sacrorum, or Rex Sacrificulus, office of the, 10, 62.
Roman law, 1.
the Twelve Tables, 1, 2, 14, 33.
influence of the sacra on the law of Adoption and of Wills, 6, 7.
class of codes to which the Roman code belongs, 15.
probable assistance afforded by Greeks, 15.
meaning of fictio, 25.
instances of fictiones cited, 26.
the Responsa Prudentium described, 33.
judicial functions of the Magistrates of Republican Rome, 36.
reasons why the Roman law was not popularised, 36.
sources of the characteristic excellence of the Roman law, 38.
decline and extinction of the Responses, 40, 41.
the Prætorian Edict, 41, 57, 63, 66.
the Leges Corneliæ, 41, 42.
later jurisconsults, 41.
remarks on the Statute Law of the Romans, 41-43.
and on the Equity of the Romans, 44, 45.
>, Roman and barbarian law, 296.
Roman Contracts, 314, et seq.
the Four Contracts, 325.
connection between Theology and Roman law, 355.
causes of improvement in Roman law, 361.
Roman law in the Eastern Empire, 363.
Civil Wrongs of the Roman law, 370.
the Legis Actio Sacramenti, 375.
old Roman Criminal Jurisprudence, 382.
extreme multiplicity of Roman criminal tribunals, 390.
results traceable to the Quæstiones, 391.
Romans causes of the rapid progress of the Stoical philosophy amongst the, 55.
their progress in legal improvement, 57.
Rome, immigration of foreigners into, 46, 47.
exclusion of, under the early Republic, 46.
See of, origin of the tendency to attribute secular superiority to the, 108.
decline of ecclesiastical influence in international questions, 110.
early political ideas of, 130.
Rousseau, J. J., influence of his writings, 87.
his doctrine of an original Social Compact, 308, 309.
Russian villages. Co-ownership of the occupiers of, 266.
Sacra, or Family Rites, of the Romans, 6, 7, 27, 191, 192.
of the Hindoos, 192.
Sacramental Action of the ancient Romans, 48.
Salic law, origin of the, 157.
Savigny, on Possession and Property, 290, 291.
his aphorism on the origin of property, 254.
Scævola, Q. Mucius, his Manual of the Civil Law, 40, 41.
Scandinavian nations, their laws respecting the Perpetual Tutelage of Women, 153, 159.
Sclavonian laws respecting the property of families, 268.
Sealing, first appearance of, in jurisprudence, as a mode of authentication, 210.
Sin, mortal and venial, casuistical distinction between, 351.
Sins known to primitive jurisprudence, 371.
Slavery, ancient, 162.
under the Romans, 163.
in the United States of America, 163.
Socage, English law of, 232.
Social Compact, Rousseau's doctrine of an original, 308, 309, 345.
Dr. Whewell quoted, 347.
Societies, stationary and progressive, 22.
difference between stationary and progressive societies, 23.
agencies by which Law is brought into harmony with Progressive Societies, 25.
perils of early, 75.
primitive, 120.
early moral doctrines, 127.
early political ideas, 128.
fiction of Adoption, 130.
foundation of Aristocracies, 132.
principle of Local Contiguity, 132.
the ancient Family, 153.
the Patria Potestas, 133.
agnatic and cognatic relationships, 146.
Guardianship of Women, 153.
ancient Roman Marriage, 154.
Master and Slave, 162.
uniformity of movement of the progressive societies, 168.
disintegration of the Family, 169.
movement of societies from status to contract, 170.
Universal Succession, 177, 179, 181.
primitive society and universal succession, 183.
the ancient family a corporation, 184.
Society in primitive times not a collection of individuals, but an aggregation of families, 126.
Solon, Attic code of, 16.
"Sophismes Anarchiques" of Dumont, remarks on, 92.
Sovereign, origin of the doctrine that the monarch is the fountain of justice, 396.
Sovereignty, territorial, proposition of International Law on, 109, 103.
Tribe-sovereignty, 104.
Charlemagne and universal dominion, 106.
Territorial sovereignty an offshoot of feudalism, 107.
the See of Rome, 108.
Hugh Capet, 108.
the Anglo-Saxon princes, 108.
Naples, Spain, and Italy, 108.
Venice, 109.
points of junction between territorial sovereignty and modern public law, 112.
Spain, territorial sovereignty of the monarchs of, 106.
Status, movement of societies from, to contract, 170.
Statute law of the Romans, 41, 45.
Stoic philosophy, principles of the, 54.
its rapid progress in Roman society, 55.
alliance of the Roman lawyers with the Stoics, 55.
Succession, rules of, according to the Hindoo customary law, 7.
Testamentary, 171.
early history, 171.
influence of the Church in enforcing the sanctity of Wills, 173.
English law of, 173.
qualities necessarily attached to Wills, 174.
natural right of testation, 175.
restraints imposed by the Code Napoléon, 176.
nature of a Will, 177.
rights and duties of universal successor, 177.
usual Roman definition of an Inheritance, 181.
difference between modern testamentary jurisprudence and the ancient law of Rome, 182.
the Family regarded as a Corporation, 184.
old Roman law of Inheritance and its notion of a Will, 189.
ancient objects of Wills, 190.
Sacra, or Family Rites, of the Romans, 191.
and of the Hindoos, 191, 192.
the invention of Wills due to Romans, 194.
Roman ideas of Succession, 195.
Testamentary Succession less ancient than Intestate Succession, 195.
primitive operation of Wills, 196.
Wills of the ancient Germans, 196.
Jewish and Bengalee Wills, 197.
mode of execution of ancient Roman wills, 199.
description of ancient Roman Wills, 201.
influence of ancient Plebeian Wills on the civilisation of the modern world, 203.
the Mancipation, 204.
relation of Wills to conveyances. 204.
the Testament per æs et libram, 204, 213, 214.
consequence of this relation of Testaments to conveyances, 206.
remedies, 207.
ancient Wills not written, 207.
remarks on the expression Emptor Familiæ, 208.
the Prætorian Will, 209.
the Bonorum Possessio and the Bonorum Possessor, 211.
improvements in the old Will, 212, 213.
ancient and modern ideas respecting Wills and successors, 215.
Disinherison of Children, 215.
the age of Wills coeval with that of feudalism, 224.
introduction of the principle of Dower, 224.
rights of Heirs and Co-heirs under the Roman law, 227.
Intestate, 195.
ancient Roman law of, 199, 218.
the Justinianean scale of Intestate Succession, 219.
order of Intestate Succession among the Romans, 220.
horror of intestacy f^t by the Romans, 222, 223.
rights of all the children of the deceased under the Roman law, 227.
Universal, 177, 189.
in what it consists, 179.
the universal successor, 181.
formula of old Roman investiture referred to, 190.
Suttee of the Hindoos, 193.
Sylla, L. Cornelius, his improvements in the Roman law, 41, 42.
Tables, the Twelve Decemviral, 1, 2, 14, 33.
collections of opinions interpretative of the, 33.
their legalisation of Plebeian Wills, 202.
Law of the Twelve Tables respecting Testamentary Dispositions, 216.
Tablets, laws engraven on, 14.
Tacitus, value of his "Germany" as a record of primitive history, 120.
suspicions as to its fidelity, 121.
Tarquins, change in the administration of the law after the expulsion of the, 61, 62.
Tenancy, Roman system of, 299.
Testaments. See Succession, Testamentary.
Theft, ancient Roman law of, 307, 378, 379.
modern breaches of trust, 307.
Themis and Themistes of the Greek Homeric poems, 4, 5, 125.
Theology, connection between it and Roman law, 355.
Thirty Years' War, influence of the horrors of the, on the success of the treatise "De Jure Belli et Pacis" of Grotius, 111.
Torts, law of, 370.
Tradition of property amongst the Romans, 278.
practical effect of a Mancipation given to a Tradition, 278.
Transfer of property, ancient modes of, 276.
Troglodytes, the, 311.
Turkey, rule of succession to the throne of, 242.
Ulpian, his attempt to distinguish between the Jus Naturale and the Jus Gentium, 52.
Universitas juris, in what it consists, 178.
Usucapion, principle of Roman law known as, 212.
history of, 284.
Usus, or lower form of civil marriage of the ancient Romans, 154.
Vandals, the, referred to, 104.
Venetians, their lapse from tribe sovereignty to territorial sovereignty, 109.
Village Communities of India, 260, 262, et seq.
Visigoths, the, referred to, 104.
Voltaire, referred to, 87.
Warfare, ancient forms of, 247.
Wehrgeld, the, of Germany, 281.
Whewell, Dr., on original Social Compact, quoted, 347.
his view of Moral Philosophy, 348.
Widow's share of her husband's estate, 224.
the reipus, or fine leviable on the remarriage of a widow in Germany, 281.
Wills, influence of the Sacra Gentilicia on the law of, 6, 7.
See Succession, Testamentary.
Women, laws respecting the status of 152.
Roman law of the Perpetual Tutelage of, 153.
amongst the Hindoos, 158.
and amongst the Scandinavians, 155.
Guardianship of Women under the Roman law, 153.
tutelage of, amongst the Hindoos, 153.
tutelage of, amongst the Scandinavians, 153.
ancient Roman Marriage, 154.
later Roman marriage, 155.
special Proprietorship created by the Court of Chancery for, 295.
Zeus, not a lawmaker, but a judge, 4, 5.
THE END.