Page:Ancient Law.djvu/418

 CONTRACT. 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.

Delict and Crime,  Crimes and Wrongs, crimina and delicta, 370.

and Crime, Furtum or Theft of the Roman law, 370, 379.

Wrongs and Sins both known to primitive jurisprudence, 371.

difference between the ancient and modern conception of Crime, 373.

the Roman Legis Actio Sacramenti, 375.

Homer's description of an ancient law-suit, 377.

primitive penal law of Athens, 382. old Roman criminal jurisprudence, 382.

the Quæstiones, 382, 383.

Quæstores Parricidii, 583.

Duumviri Perduellionis, 383.

the first true Roman Criminal law, 384.

the primitive history of criminal law, 385.

extreme multiplicity of Roman criminal tribunals, 390.

capricious classification of crimes, 392, 393.

statutes of Sylla and Augustus, 393.

later law of crimes, 394.

crimina extraordinaria, 394.

mode of administering criminal justice under the Roman Empire, 395.

modern history of crimes, 397.

King Alfred on criminal jurisdiction quoted, 398.

Discovery, considered as a mode of acquiring dominion, 248.

Dominion, its nature, limitation, and mode of securing it, 102.

of the Romans, 317.

Dower, the principle of, engrafted on the Customary Law of Western Europe, 224.

Draco, rudeness of the Code of, 16.

penal laws of, 367.

Dumoulin referred to, 86.

Dumont's "Sophismes Anarchiques" remarks, 92.

Duumviri Perduellionis, the, 383.

Edict of the Roman Prætor, 41, 57, 63, 64, 66, 209, 293.

Egypt, Modern, rule of succession to the throne of, 242.