arbitraria, 354

bona fidei-what it was, 55, 353
contraria tutela, 304

de communi dividendo, 166, 242, 256
de constitutâ pecuniâ, 354

de in rem verso, 156, 182, 261
de liberali causâ, 367

de peculio, 156, 182, 261

de prescriptis verbis-what it was,
56

de rationibus distrahendis, 304
exercitoria, 206, 261

ex empto, 224, 230

ex prescriptis verbis, 230, 243
ex vendito, 230

familia erciscundæ, 166, 256
finium regundorum, 166
injuriarum, 181

institoria, 261

mandati contraria, 237
directa, ibid.

negotiorum gestorum, 183, 255
noxalis-what it was, 269, 354
PAULIANA, 194, 354
pigneratitia-what it was, 218,219
pro socio, 241

PUBLICIANA, 54, 159, 163, 353, 354
quanti minoris, 227, 228

quasi SERVIANA, 354
quod jussu, 182, 206, 261

quod metus causâ, 354

receptitia, 246

redhibitoria, 227

rerum amotarum, 249

rescissoria, 163, 354

RUTILIA, 192

sacramenti, account of the, 41
SERVIANA-what it was, 54, 192,

354
stricti juris, 353

Actio subsidiaria, 298
testamenti suppressi, 367
tributoria, 156, 201
utilis-what it was, 54, 237
utilis curationis causâ, 304
Actiones, legis, account of, 40

early Roman treatises upon, 17, 18
Actions, distribution of, 352

law relating to, 341, seq.
Actor of a corporation-what he was,
122, 181

Acts, conditions for the validity of,
132

Addicere, use of term in relation to
debts, 191

Addictio-what it was, ibid.
(in diem)-what it was, 229
Ademptio, meaning of term as applied
to legacies, 334

Adjudicatio, in the "formula"-what
it was, 44

Administrator of a corporation-what
he was, 181

Admiralty, Court of, account of, 454,
455
Adoption, law relating to, 275, seq.
Adoptio plena-what it was, 315
Adstipulatio-what it was, 183
Adversaria-what they were, 221
Advocatus fisci-who he was, 377
Advocates, position of, in JUSTINIAN'S
time, ibid.

Edile, the, account of edict of, 50,
51

Adilititian stipulations-what they

were, 220

ELIUS CATUS, account of his treatise,
18

Affreightment, law relating to, 211
Age, as an element of legal person-
ality, 107-109

Agency, law relating to, 235
Agnatio-what it was, 282, seq.
ALARIC, "breviary" of, account of

the, 93

BERYTUS, account of the legal school
at, 34, 36, 394

Birth, as an element of legal person-
ality, 107

Bishop's Court, account of the, 378,
379

BOLOGNA, account of university of,
423-4

Bona fidei actiones-what they were,
55, 353

BONIFACE VIII., his decretals, 432
Bonorum cessio-what it was, 180,
190, seq.

emptor-who he was, 187
sectio-what it was, 191

BRACTON, his treatise, account of,
452, 453

"Breviary" of ALARIC, accounts of
the, 93

BRITTON, account of his treatise, 454
Brocarda-what they were, 424
BURGUNDIANS, account of the law of
the, 94

BYZANTINE empire, the civil law in
the, 392, seq.

Chivalry, Court of, account of the,

454, 455

Christians, laws affecting, 113, 114
CICERO, life of, as a date in legal
history, 23

bearing of his works on the history
of law, 21, 23

his account of the relation of patron
and client, 20
"Citations," law of-what it was, 37
Civitas, meaning of term, 116

Classification of obligations, 196, seq.
CLAUDIUS, the emperor, his charac-
ter as a judge, 370
Client, duties of a, 266

and patron, account of relation of,

20

Code of the BURGUNDIANS, 94, 95
of FREDERICK THE GREAT, account
of, 459

GREGORIAN, account of the, 87
HERMOGENIAN, account of the,
ibid.

of LOUISIANA, account of, 462, 463
NAPOLEON, 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, 402
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

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,
456

CUJAS, account of, 425, 426

Culpa, account of and degrees of, 138
Curatela-what it was, 291

bonorum distrahendorum gratiâ—
what it was, 193

Curator distrahendorum bonorum-
what 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
Diribitores-who they were, 72
Discount, law relating to, 172
Distinctiones-what they were in
canon law, 430

Divini juris, res-what they were, 124
Divorce, law relating to, 285, seq.
Dolus malus, as affecting legal capa-

city, 134
Domicile, law of, 116

Dominium-what it was, 147, 148, 258
import of legal term, 147, 148
Donatio mortis causá-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
Duplicatio-what it was, 350
Duumviri-who they were, 374

Ecclesiastical courts in England,
account of, 454, 456

in JUSTINIAN'S time, 378, 379
Ecloga-what was the, 396
Edict, the Ædile's, account of, 50
account of the imperial, 80
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 re-
forms of, 394

in JUSTINIAN'S time, 36, 102, seq.
EGYPT, account of recent codifica-
tion in, 462

Emphyteusis, account of right called,
152, 153

law relating to contract of, 243
Emptio venditio, law relating to con-
tract of, 223

ENGLAND, account of civil law in,
443, seq.

Entrance on inheritance, law relating
to, 328, seq.

Epanagoge, BASIL's, account of, 398
Episcopalis audientia-what it was, 378
Eviction-law relating to, 226
Evidence, law of, in JUSTINIAN'S
time, 383, seq.

Exarchate of RAVENNA, as a seat of
JUSTINIAN'S law, 419
Exceptio, what it was, 350
"Exceptions," as defences to actions,
56

Exercitores, law relating to, 210, 257
Existimatio (reputation), as an ele-
ment 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
Falcidia portio-what it was, ibid.
"False decretals," the, account of,
428

Fatalis dies-what it was, 391
Father, historical account 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
Formula, 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,

HADRIAN, his rescript as to the juris-
consults, 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, conse-
quences 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
de homine libero exhibendo, 358
de liberis exhibendis, 358
de migrando, 232