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406 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.