Page:Ancient Law.djvu/424

Rh PRIMOGENITURE. Primogeniture,  gradual transformation of Benefices into hereditary Fiefs, 230.

the Pactes de Famille of France and the Haus-Gesetze of Germany, 232.

causes of the diffusion of Primogeniture, 232.

Primogeniture in public offices or political power amongst the Hindoos, but not in property, 233.

ancient forms of Primogeniture, 235.

why did Primogeniture gradually supersede every other principle of Succession? 235.

earlier and later Primogeniture, 257.

Hindoo rule of the eldest son and of the eldest line also, 239.

Celtic form of Primogeniture, 240.

Mahometan form, 242.

influence of polygamy on Primogeniture, 243.

Progress, causes of the arrest of, of the greater part of mankind, 77.

Property, early history of, 244.

"natural modes" of acquisition, 244.

Occupancy, 245.

Capture in War, 246.

rule of Discovery, 248.

history of the origin of property, 250.

Blackstone on the theory of Occupancy as the origin of property, 251.

aphorism of Savigny on the origin of property, 254.

objections to the popular theory of Occupancy, 256.

Co-ownership amongst the Hindoos, 260.

the Gens, or House, of the Romans compared with the Village Community of India, 264.

Russian village co-ownership, 266.

Croatian and Sclavonian Laws respecting the property of Families, 269.

ancient difficulties of Alienation, 271.

natural classification of property, 273.

Property,  ancient modes of transfer of property, 276.

definition of the Res Mancipi, 277.

tradition of property, 578.

distinction between Res Mancipi and Res nec Mancipi, 279.

Hindoo law of Inheritances and Acquisitions, 281, 282.

law of moveables and law of land, according to the French Codes, 283.

and in England, 283.

Usucapion, or Prescription, 284.

Cessio in Jure, or recovery, in a Court of Law, of property sought to be conveyed, 289.

influence of Courts of Law and of their procedure upon Property, 290.

distinction between Property and Possession, 290.

and between Law and Equity in their conceptions of proprietary right, under the Roman and English Law, 293.

feudal view of Ownership, 295.

Roman and barbarian law of Ownership, 296.

Roman system of Tenancy, 299.

the Coloni of the Romans and the Metayers of the South of Europe, 300, 301.

rights of the Emphyteuta, 301.

the Agri Limitrophi of the Rhine and the Danube, 302.

Proscriptions, Roman, origin of the, 389.

Pupilage or Wardship in modern jurisprudence, 162.

compared with the Guardianship of Orphans under the Roman Law, 162.

Quasi-Contract, 343.

meaning of, in Roman law, 344.

Quasi, meaning of the word, in Roman law, 344.

Quæstores Parricidii of the ancient Romans, 383.

Quæstiones Perpetuæ of the Romans, 384.

theory of the Quæstiones, 386.

results traceable to the Quæstiones, 391.