Page:Ancient Law.djvu/417

404 CÆSAR. 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.