University of Virginia Library

Search this document 
The Spirit of the Laws

  
[title page]
expand section 
The Translator to the Reader
  
CONTENTS
expand section 
PREFACE
  
ADVERTISEMENT

expand section1. 
Book I. Of Laws in General.
expand section2. 
Book II. Of Laws Directly Derived from the Nature of Government.
expand section3. 
Book III. Of the Principles of the Three Kinds of Government.
expand section4. 
Book IV. That the Laws of Education Ought to Be in Relation to the Principles of Government.
expand section5. 
Book V. That the Laws Given by the Legislator Ought to Be in Relation to the Principle of Government.
expand section6. 
Book VI. Consequences of the Principles of Different Governments with Respect to the Simplicity of Civil and Criminal Laws, the Form of Judgments, and the Inflicting of Punishments.
expand section7. 
Book VII. Consequences of the Different Principles of the Three Governments with Respect to Sumptuary Laws, Luxury, and the Condition of Women.
expand section8. 
Book VIII. Of the Corruption of the Principles of the Three Governments.
expand section9. 
Book IX., Of Laws in the Relation They Bear to a Defensive Force.
expand section10. 
Book X. Of Laws in the Relation They Bear to Offensive Force.
expand section11. 
Book XI. Of the Laws Which Establish Political Liberty, with Regard to the Consti- tution.
expand section12. 
Book XII. Of the Laws That Form Political Liberty, in Relation to the Subject.
expand section13. 
Book XIII. Of the Relation Which the Levying of Taxes and the Greatness of the Public Revenues Bear to Liberty.
expand section14. 
Book XIV. Of Laws in Relation to the Nature of the Climate.
expand section15. 
Book XV. In What Manner the Laws of Civil Slavery Relate to the Nature of the Climate.
expand section16. 
Book XVI. How the Laws of Domestic Slavery Bear a Relation to the Nature of the Climate.
expand section17. 
Book XVII., How the Laws of Political Servitude Bear a Relation to the Nature of the Climate.
expand section18. 
Book XVIII. Of Laws in the Relation They Bear to the Nature of the Soil.
expand section19. 
Book XIX. Of Laws in Relation to the Principles Which Form the General Spirit, Morals, and Customs of a Nation.
expand section20. 
Book XX. Of Laws in Relation to Commerce, Considered in its Nature and Distinctions.
expand section21. 
Book XXI. Of Laws in relation to Commerce, considered in the Revolutions it has met with in the World.
expand section22. 
Book XXII. Of Laws in Relation to the Use of Money.
expand section23. 
Book XXIII. Of Laws in the Relation They Bear to the Number of Inhabitants.
expand section24. 
Book XXIV. Of Laws in relation to Religion Considered in Itself, and in its Doctrines.
expand section25. 
Book XXV. Of Laws in Relation to the Establishment of Religion and its External Polity.
expand section26. 
Book XXVI. Of Laws in Relation to the Order of Things Which They Determine.
expand section27. 
Book XXVII. Of the Origin and Revolutions of the Roman Laws on Successions.
collapse section28. 
Book XXVIII. Of the Origin and Revolutions of the Civil Laws among the French.
expand section28.1. 
1. Different Character of the Laws of the several People of Germany.
expand section28.2. 
2. That the Laws of the Barbarians were all personal.
expand section28.3. 
3. Capital Difference between the Salic Laws and those of the Visigoths and Burgundians.
expand section28.4. 
4. In what manner the Roman Law came to be lost in the Country subject to the Franks, and preserved in that subject to the Goths and Burgundians.
 28.5. 
5. The same Subject continued.
expand section28.6. 
[chapter]
expand section28.7. 
7. How the Roman Law came to be lost in Spain.
expand section28.8. 
8. A false Capitulary.
expand section28.9. 
9. In what manner the Codes of Barbarian Laws and the Capitularies came to be lost.
expand section28.10. 
10. The same Subject continued.
expand section28.11. 
11. Other Causes of the Disuse of the Codes of Barbarian Laws, as well as of the Roman Law, and of the Capitularies.
expand section28.12. 
12. Of local Customs. Revolution of the Laws of barbarous Nations, as well as of the Roman Law.
expand section28.13. 
13. Difference between the Salic law, or that of the Salian Franks, and that of thee Ripuarian Franks and other barbarous Nations.
expand section28.14. 
14. Another Difference.
 28.15. 
15. A Reflection.
expand section28.16. 
16. Of the Ordeal or Trial by boiling Water, established by the Salic Law.
expand section28.17. 
17. Particular Notions of our Ancestors.
expand section28.18. 
18. In what manner the Custom of judicial Combats gained Ground.
expand section28.19. 
19. A new Reason of the Disuse of the Salic and Roman Laws, as also of the Capitularies.
expand section28.20. 
20. Origin of the Point of Honour.
expand section28.21. 
21. A new Reflection upon the Point of Honour among the Germans.
expand section28.22. 
22. Of the Manners in relation to judicial Combats.
expand section28.23. 
23. Of the Code of Laws on judicial Combats.
expand section28.24. 
24. Rules established in the judicial Combat.
expand section28.25. 
25. Of the Bounds prescribed to the Custom of judicial Combats.
expand section28.26. 
26. On the judiciary Combat between one of the Parties and one of the Witnesses.
expand section28.27. 
27. Of the judicial Combat between one of the Parties and one of the Lords' Peers.
expand section28.28. 
28. Of the Appeal of Default of Justice.
expand section28.29. 
29. Epoch of the Reign of St. Louis.
expand section28.30. 
30. Observation on Appeals.
expand section28.31. 
31. The same Subject continued.
expand section28.32. 
32. The same Subject continued.
expand section28.33. 
33. The same Subject continued.
expand section28.34. 
34. In what Manner the Proceedings at Law became secret.
expand section28.35. 
35. Of the Costs.
expand section28.36. 
36. Of the public Prosecutor.
expand section28.37. 
37. In what Manner the Institutions of St. Louis fell into Oblivion.
expand section28.38. 
38. The same Subject continued.
expand section28.39. 
39. The same Subject continued.
expand section28.40. 
40. In what Manner the judiciary Forms were borrowed from the Decretals.
expand section28.41. 
41. Flux and Reflux of the ecclesiastic and temporal Jurisdiction.
expand section28.42. 
42. The Revival of the Roman Law, and the Result thereof.
expand section28.43. 
43. The same Subject continued.
expand section28.44. 
44. Of the Proof by Witnesses.
expand section28.45. 
45. Of the Customs of France.
expand section29. 
Book XXIX. Of the Manner of Composing Laws.
expand section30. 
Book XXX. Theory of the Feudal Laws among the Franks in the Relation They Bear to the Establishment of the Monarchy.
expand section31. 
Book XXXI. Theory of the Feudal Laws among the Franks, in the Relation They Bear to the Revolutions of their Monarchy.

collapse section Collapse All | Expand All expand section
previous section10. The same Subject continued. The Spirit of the Laws
next section

25.10. 10. The same Subject continued.

As there are scarcely any but persecuting religions that have an extraordinary zeal for being established in other places (because a religion that can tolerate others seldom thinks of its own propagation), it must therefore be a very good civil law, when the state is already satisfied with the established religion, not to suffer the establishment of another. [19]

This is then a fundamental principle of the political laws in regard to religion; that when the state is at liberty to receive or to reject a new religion it ought to be rejected; when it is received it ought to be tolerated.

Footnotes

[19]

I do not mean to speak in this chapter of the Christian religion; for, as I have elsewhere observed, the Christian religion is our chief blessing. See the end of the preceding chapter, and the "Defence of the Spirit of Laws," part II.

previous section10. The same Subject continued. The Spirit of the Laws
next section