of, 459 GREGORIAN, account of the, 87 HERMOGENIAN, account of the, ibid. of LOUISIANA, account of, 462, 463 NAPOLÉON, account of the, 460, 461 of the OSTROGOTHS, 95, 96 THEODOSIAN, account of the, 88, seq. of the VISIGOTHS, 93 Codes, the Barbarian, account of, 93, seq. Codicils, law relating to, 338 Codification, progress of, in imperial times, 86, seq. in EGYPT, recent, 462 in FRANCE, account of, 460, seq. in GERMANY, account of, 458, 459 in the UNITED STATES, 462 Coemptio-what it was, 278 Cognatio-what it was, 282, seq. Cognitio extraordinaria—what it was, 47, 342, 356, 368 Cognitor, the, his functions, 137 Collegia, law relating to, 119, 121 Colonus, law relating to a, 230, 259 partiarius-who was a, 231 Comites consistoriani-who they were, 375 Comitia calata, account of, 62, 63 centuriata, account of the, 65, 68, seq. curiata, account of the, 62, seq. its functions in adoption, 276 tributa, account of the, 62, seq. Commercio, res in, meaning of, 124 Commissoria, lex-what it was, 229 Commodatum, law relating to contract of, 217 Communes res-what they were, 124 Compensatio-what it was, 186 Compromissum-what it was, 188 Condemnatio, in the "formula what it was, 44 Condictio, account of process called, 345, 352 furtiva-what it was, 249 Condictionem (per), account of the action, 41 Conditions, as modifying acts, 141 Conductor operis-who he was, 230 Confarreatio-what it was, 278 Confusio (merger)-what it was, 195 Connubium, rights implied in, 280, 281 Consensu, law relating to contracts so called; 222, 367 Consent, as an element in marriage, 280 Consistorium, the imperial-what it was, 27, 374, 390 CONSTANTINE, his enactment as to authority of jurists, 37 his reforms, 371, 372 CONSTANTINOPLE, accounts of school of law at, 35, 36, 102-104 Constituere pecuniam-what it was, 209 Constitutio principis-what was a, 79, was the pact 80 Constitutum-what known as, 246 "Consultation with an ancient jurisconsult," account of the, 92, 93 Consultationes-what they were, 375, 389 Contract of letting and hiring, law relating to, 230 Contractus, principles relating to, 215 Contraria actiones, 353 Corporations, law relating to, 118, seq. Corporeal "things"-what they were, 123 Corpus Juris Canonici, account of, 432, 433 Correi-what they were, 173, 195 CORUNCANIUS, TIBERIUS, the first who professed law, 21 Court of Admiralty, account of the, 454, 455 Chancery, account of the, 454 Chivalry, account of the, 454, 455 Courts, ecclesiastical, in England, account of, 454, 456 university, in England, account of, CUJAS, account of, 425, 426 bonorum distrahendorum gratiâ— what it was, 193 Curator distrahendorum bonorumwhat he was, 179, 180, 193 Curatores, law relating to, 290, seq. Curia-what it was, 120 Curia, effect of presenting a child before the, 274 "Customary" provinces of FRANCE -what they were, 435, 436 Customs (French), codification of, 439 Damni infecti, proceedings in action called, 181 Damnosa hereditas-what it was, 329 Dativus tutor-who he was, 292 Debts, transfer of, law regulating, 189, 190 Decemviri stlitibus judicandis-who they were, 42 Decree what it was in canon law, 427 Decrees, imperial, account of the, 81 Decretal epistle-what it was, 427 Decretum of GRATIAN, account of, 429-32 Decurio, legitimising effect of under taking the functions of a, 274 Decuriones-what they were, 120 Defensor civitatis-who he was, 374 Degrees of relationship, mode of reckoning, 283 Delicta, law relating to, 246 Delivery, its place in the contract of of canons, 427 Directæ actiones-what they were, 353 Divini juris, res-what they were, 124 Dominium-what it was, 147, 148, 258 import of legal term, 147, 148 Donatio mortis causâ—what it was,335 propter nuptias, law relating to, 289 Dos, account of, 154, 155 law relating to, 287 adventitia-what it was, ibid. profectitia-what it was, ibid. receptitia-what it was, ibid. Dotalia instrumenta-what they were, 278 Dower, account of, 154, 155 Droit écrit and droit coutumier, account of, 434, seq. DUCK, ARTHUR, his treatise, 433, 436, 445 Dupli stipulatio-what it was, 228 Ecclesiastical courts in England, account of, 454, 456 in JUSTINIAN'S time, 378, 379 Ecloga-what was the, 396 Edict, the Edile's, account of, 50 account of the imperial, So the prætor's, account of, 51 of THEODORIC, account of the, 95, 96 Edictum Carbonianum-what it was, 362 Editio instrumentorum—what it was, 386 Education, legal, JUSTINIAN's reforms of, 394 in JUSTINIAN's time, 36, 102, seq. EGYPT, account of recent codification in, 462 Emphyteusis, account of right called, 152, 153 law relating to contract of, 243 Emptio venditio, law relating to contract of, 223 ENGLAND, account of civil law in, 443, seq. Entrance on inheritance, law relating to, 328, seq. Epanagoge, BASIL'S, account of, 398 Exarchate of RAVENNA, as a seat of 56 Exercitores, law relating to, 210, 257 Existimatio (reputation), as an element of personality, 111, seq. Expensilatio-what it was, 221 Extraordinaria cognitio-what it was 47, 342, 356, 368 Extravagantes (in canon law)—what they were, 433 Factum, actiones in-what they were, 353 Falcidian law-what it was, 335 Fatalis dies-what it was, 391 of his parental rights, 268 Fictitious or artificial persons, law relating to, 118, seq. Fideicommissa, law relating to, 336, seq., 366 Fidejussio, law relating to, 220 Fiduciary guardianship—what it was, 294 FLAVIUS, LUCIUS, his publication of Actiones legis, 17 Force, as affecting legal capacity, 134 Formula, the-what it was, 44, 371 Formule, classification of, 351 Formulary system, the-what it was, 44, 347, seq., 371 FORTESCUE on the civil and the common law, 450, 455, 456 FRANCE, account of the civil law in, 434 account of codification in, 460, seq. Fraud, as affecting legal capacity, 134 Freedman, law relating to a, 259, seq. FREDERICK THE GREAT'S code, account of, 459 Fruits, law relating to, 128 Furtum, law relating to, 247, seq. GAIUS, account of, 29-31 account of the jurists in his time, 26 discovery of his Institutes by Niebuhr, 30 Gaming contracts (alea), law relating to, 175 General average, law relating to, 212 Germani-what they were, 284 GLANVILLE, account of his treatise, 452 Glossators, account of the, 423, seq. GRATIAN, account of his Decretum, 429-432 GREGORIAN code, account of the, 87 GREGORY IX., his influence on the canon laws, 432 GROTIUS, his work on DUTCH jurisprudence, 457 Guarantee, how far implied in sale, 227 Guardians, law relating to, 290, seq., 367 HADRIAN, his rescript as to the jurisconsults, 26 HARMENOPULUS' Hexabiblus-what it was, 402, 403 his Promptuarium, 403, 405 Hereditas damnosa-what it was, 329 Heres necessarius-who he was, 324 Heretics, laws affecting, 115 HERMOGENIAN code, account of the, 87 Hexabiblus HARMENOPULI, account of the, 402, 403 HOLLAND, influence of Roman law in, 457 Honoraria actiones-what they were, 353 HUMANISTS-who they were, 426 Husband and wife, law relating to, 276, seq. law relating to property of, 178 Hypotheca, the right of, in relation to ownership, 153 Ignorance of fact and of law, effect of, 133 Illustres, meaning of terms, 372, 374, 375 Immovable were, 126 things - what they Imperium-what was the, 46 Incestuous marriages, law relating to, 285 Incorporeal "things" - what they were, 123 Infamy, penalty of, when it attached, 56, 112, 113, 192 Infants, their incapacities, 132 Infancy, limit of period of, 108 Injuria, law relating to, 253 Inofficiosum testamentum, consequences and nature of a, 113, 266, 326 Insinuatio-what it was, 165 Insolvency, law relating to, 179 Institutes of GAIUS, discovery of, 30 JUSTINIAN, account of the, 100 Instrumenta domus-what they were, 128 dotalia-what they were, 278 Instrumentum fundi-what it was, 127 Insurance contracts, law relating to, 213, 214 Interdictum, account of the, 47, 356, seq. Intentio, the, of a "formula"--what it was, 44 Interdictum fraudatorium, 194 Judicatum solvi-what it was, 345 Judices pedanei-who they were, 374 Judicis postulationem (per), account of the action, 41, 342, 344 JULIUS CESAR, his design to codify the law, 86 Juris alieni-what it was to be, 258 Juris sui-what it was to be, ibid. Jus gentium, historical account of the, 48, 49 nature, historical account of the, 49 in personam, its relation to jus in rem, 145, 169 postliminium-what it was, 262 ad rem-what it was, 169 relationis-what it was, 76 in rem, its relation to jus in personam, 145, 169 JUSTINIAN, general account of his compilations, 96, seq. his address to professors of law, 35 JUSTINIAN'S Institutes, account of, Legitimation, law relating to, 274, seq. Legitimus tutor-who he was, 292 LEO THE PHILOSOPHER, account of his legislation, 397-400 "Leonine" partnership—what it was, 238 Letting and hiring, contract of, 230, seq. Lex EBUTIA, 41, 43, 341 AQUILIA, 171, 251, seq. commissoria-what it was, 229 CORNELIA, 175-7 de sicariis, 253 FALCIDIA, 334, 335 CANINIA, 265 de adulteriis, 285 et PAPIA POPPÆA, 290, 311 PUBLILIA, 64, 67 regia-what was the, 77 VALERIA HORATIA, 63, 67 Libelli, in procedure what they Libellus contradictionis—what it was, 381 conventionis-what it was, 380 Licitatio fructus-what it was, 359 Life insurances, law relating to, 214 Lit de justice-what it was, 441 Litera dimissoria-what they were, seq. Manus injectionem (per), account of process, 345 Manus over wife-what it was, 258 MARCUS AURELIUS, his judicial reforms, 371 Marriage, law relating to, 276, seq. Marriages (incestuous), law relating to, 285 MATTHEUS BLASTARIS, his collection of canons, 404 Mensularii, law relating to, 208 Merger, law relating to, 195 MICHAELIS ATTALENSIS, account of his legal treatise, 402 Missio (in possessionem), rules relating to, 361 Mixta actiones-what they were, 352 MODESTINUS, account of, 29, 32 Modus, as a charge or restriction on an act, 142 Mohammedan law, general account of, 406, seq. Mortgage, law relating to contract of, 218 "Mosaic and Roman law, comparison of," account of, 38, 92 Movable "things," law relating to, 126 Municipes, meaning of term, 116 Mutuum, law relating to contract of, 216 Napoléon, code, account of the, 460, 461 "Natural" obligation, effects of a, 196, 197 account of a, 200, 201 Nautical interest, law relating to, 214 Nauticum fanus-what it was, 173 Necessarius heres-who he was, 324 Negotiorum gestio-what it was, 137, 240 NERVA, his character as a judge, 370 Nexus, who was said to be, 191 NICOLAUS KOUNALES, his translation of Blastaris' canons, 404 NIEBUHR'S discovery of GAIUS' Institutes, 30 Nomina arcaria-what they were, 188, 222 transcriptitia-what they were, Nominum cessio-what it was, 189 Novell, 118th, rules contained in, 293, 314, seq. Novells of JUSTINIAN, account of the, ΙΟΙ Noxa-what it was, 269 Noxalis actio-what it was, 269, 354 Nullity of acts, grounds of, 138-140 Nullius res-what they were, 124 Numularii, law relating to, 208 Nuptias (propter), account of gifts, 165 Oath, effects of an, in discharging an obligation, 196 Obligations, law relating to, 169, seq. classification of, 196, seq. 64 Obligation, natural," account of a, 200, 201 effects of a, 196 |