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University of Virginia Library

The Spirit of the Laws

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The Translator to the Reader

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1.

Book I. Of Laws in General.

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1.1.

1. Of the Relation of Laws to different Beings.

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1.2.

2. Of the Laws of Nature.

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1.3.

3. Of Positive Laws.

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2.

Book II. Of Laws Directly Derived from the Nature of Government.

2.1.

1. Of the Nature of the three different Governments.

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2.2.

2. Of the Republican Government, and the Laws in relation to Democracy.

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2.3.

3. Of the Laws in relation to the Nature of Aristocracy.

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2.4.

4. Of the Relation of Laws to the Nature of Monarchical Government.

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2.5.

5. Of the Laws in relation to the Nature of a despotic Government.

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3.

Book III. Of the Principles of the Three Kinds of Government.

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3.1.

1. Difference between the Nature and Principle of Government.

3.2.

2. Of the Principle of different Governments.

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3.3.

3. Of the Principle of Democracy.

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3.4.

4. Of the Principle of Aristocracy.

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3.5.

5. That Virtue is not the Principle of a Monarchical Government.

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3.6.

6. In what Manner Virtue is supplied in a Monarchical Government.

3.7.

7. Of the Principle of Monarchy.

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3.8.

8. That Honour is not the Principle of Despotic Government.

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3.9.

9. Of the Principle of Despotic Government.

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3.10.

10. Difference of Obedience in Moderate and Despotic Governments.

3.11.

11. Reflections on the preceding Chapters.

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4.

Book IV. That the Laws of Education Ought to Be in Relation to the Principles of Government.

4.1.

1. Of the Laws of Education.

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4.2.

2. Of Education in Monarchies.

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4.3.

3. Of Education in a Despotic Government.

4.4.

4. Difference between the Effects of Ancient and Modern Education.

4.5.

5. Of Education in a Republican Government.

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4.6.

6. Of some Institutions among the Greeks.

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4.7.

7. In what Cases these singular Institutions may be of Service.

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4.8.

8. Explanation of a Paradox of the Ancients in respect to Manners.

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5.

Book V. That the Laws Given by the Legislator Ought to Be in Relation to the Principle of Government.

5.1.

1. Idea of this Book.

5.2.

2. What is meant by Virtue in a political State.

5.3.

3. What is meant by a Love of the Republic in a Democracy.

5.4.

4. In what Manner the Love of Equality and Frugality is inspired.

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5.5.

5. In what Manner the Laws establish Equality in a Democracy.

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5.6.

6. In what Manner the Laws ought to maintain Frugality in a Democracy.

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5.7.

7. Other Methods of favouring the Principle of Democracy.

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5.8.

8. In what Manner the Laws should relate to the Principle of Government in an Aristocracy.

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5.9.

9. In what Manner the Laws are in relation to their Principle in Monarchies.

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5.10.

10. Of the Expedition peculiar to the Executive Power in Monarchies.

5.11.

11. Of the Excellence of a Monarchical Government.

5.12.

12. The same Subject continued.

5.13.

13. An Idea of Despotic Power.

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5.14.

14. In what Manner the Laws are in relation to the Principles of Despotic Government.

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5.15.

15. The same Subject continued.

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5.16.

16. Of the Communication of Power.

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5.17.

17. Of Presents.

5.18.

18. Of Rewards conferred by the Sovereign.

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5.19.

19. New Consequences of the Principles of the three Governments.

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6.

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.

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6.1.

1. Of the Simplicity of Civil Laws in different Governments.

6.2.

3. In what Governments and in what Cases the Judges ought to determine according to the express Letter of the Law.

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6.3.

3. Of the Manner of passing Judgment.

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6.4.

5. In what Governments the Sovereign may be Judge.

6.5.

5. That in Monarchies Ministers ought not to sit as Judges.

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6.6.

6. Of a single Magistrate.

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6.7.

7. Of Accusation in different Governments.

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6.8.

8. Of the Severity of Punishments in different Governments.

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6.9.

9. Of the ancient French Laws.

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6.10.

10. That when People are virtuous few Punishments are necessary.

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6.11.

11. Of the Power of Punishments.

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6.12.

12. Insufficiency of the Laws of Japan.

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6.13.

13. Of the Spirit of the Roman Senate.

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6.14.

14. Of the Roman Laws in respect to Punishments.

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6.15.

15. Of the just Proportion between Punishments and Crimes.

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6.16.

16. Of the Rack.

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6.17.

17. Of pecuniary and corporal Punishments.

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6.18.

18. Of the Law of Retaliation.

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6.19.

19. Of the Punishment of Fathers for the Crimes of their Children.

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6.20.

20. Of the Clemency of the Prince.

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7.

Book VII. Consequences of the Different Principles of the Three Governments with Respect to Sumptuary Laws, Luxury, and the Condition of Women.

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7.1.

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7.2.

2. Of sumptuary Laws in a Democracy.

7.3.

3. Of sumptuary Laws in an Aristocracy.

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7.4.

4. Of sumptuary Laws in a Monarchy.

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7.5.

5. In what Cases sumptuary Laws are useful in a Monarchy.

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7.6.

6. Of the Luxury of China.

7.7.

7. Fatal Consequence of Luxury in China.

7.8.

8. Of public Continency.

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7.9.

9. Of the Condition or State of Women in different Governments.

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7.10.

10. Of the domestic Tribunal among the Romans.

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7.11.

11. In what Manner the Institutions changed at Rome, together with the Government.

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7.12.

12. Of the Guardianship of Women among the Romans.

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7.13.

13. Of the Punishments decreed by the Emperors against the Incontinence of Women.

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7.14.

14. Sumptuary Laws among the Romans.

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7.15.

15. Of Dowries and Nuptial Advantages in different Constitutions.

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7.16.

16. An excellent Custom of the Samnites.

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7.17.

17. Of Female Administration.

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8.

Book VIII. Of the Corruption of the Principles of the Three Governments.

8.1.

1. General Idea of this Book.

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8.2.

2. Of the Corruption of the Principles of Democracy.

8.3.

3. Of the Spirit of extreme Equality.

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8.4.

4. Particular Cause of the Corruption of the People.

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8.5.

5. Of the Corruption of the Principle of Aristocracy.

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8.6.

6. Of the Corruption of the Principle of Monarchy.

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8.7.

7. The same Subject continued.

8.8.

8. Danger of the Corruption of the Principle of monarchical Government.

8.9.

9. How ready the Nobility are to defend the Throne.

8.10.

10. Of the Corruption of the Principle of despotic Government.

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8.11.

11. Natural Effects of the Goodness and Corruption of the Principles of Government.

7.12.

12. The same Subject continued.

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8.13.

13. The Effect of an Oath among virtuous People.

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8.14.

14. How the smallest Change of the Constitution is attended with the Ruin of its Principles.

8.15.

15. Sure Methods of preserving the three Principles.

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8.16.

16. Distinctive Properties of a Republic.

8.17.

17. Distinctive Properties of a Monarchy.

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8.18.

18. Particular Case of the Spanish Monarchy.

8.19.

19. Distinctive Properties of a despotic Government.

8.20.

20. Consequence of the preceding Chapters.

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8.21.

21. Of the Empire of China.

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9.

Book IX., Of Laws in the Relation They Bear to a Defensive Force.

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9.1.

1. In what Manner Republics provide for their Safety.

9.2.

2. That a confederate Government ought to be composed of States of the same Nature, especially of the republican Kind.

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9.3.

3. Other Requisites in a confederate Republic.

9.4.

4. In what Manner despotic Governments provide for their Security.

9.5.

5. In what Manner a Monarchical Government provides for its Security.

9.6.

6. Of the defensive Force of States in general.

9.7.

7. A Reflection.

9.8.

8. A particular Case in which the defensive Force of a State is inferior to the offensive.

9.9.

9. Of the relative Force of States.

9.10.

10. Of the Weakness of neighbouring States.

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10.

Book X. Of Laws in the Relation They Bear to Offensive Force.

10.1.

1. Of offensive Force.

10.2.

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10.3.

3. Of the Right of Conquest.

10.4.

4. Some Advantages of a conquered People.

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10.5.

5. Gelon, King of Syracuse.

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10.6.

6. Of Conquest made by a Republic.

10.7.

7. The same Subject continued.

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10.8.

8. The same Subject continued.

10.9.

9. Of Conquests made by a Monarchy.

10.10.

10. Of one Monarchy that subdues another.

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10.11.

11. Of the Manners of a conquered People.

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10.12.

12. Of a Law of Cyrus.

10.13.

13. Charles XII.

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10.14.

10.15.

15. New Methods of preserving a Conquest.

10.16.

16. Of Conquests made by a despotic Prince.

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10.17.

17. The same Subject continued.

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11.

Book XI. Of the Laws Which Establish Political Liberty, with Regard to the Consti- tution.

11.1.

1. A general Idea.

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11.2.

2. Different Significations of the word Liberty.

11.3.

3. In what Liberty consists.

11.4.

4. The same Subject continued.

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11.5.

5. Of the End or View of different Governments.

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11.6.

6. Of the Constitution of England.

11.7.

7. Of the Monarchies we are acquainted with.

11.8.

8. Why the Ancients had not a clear Idea of Monarchy.

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11.9.

9. Aristotle's Manner of Thinking.

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11.10.

10. What other Politicians thought.

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11.11.

11. Of the Kings of the heroic Times of Greece.

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11.12.

12. Of the Government of the Kings of Rome, and in what Manner the three Powers were there distributed.

11.13.

13. General Reflections on the State of Rome after the Expulsion of its Kings.

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11.14.

14. In what Manner the Distribution of the three Powers began to change after the Expulsion of the Kings.

11.15.

15. In what Manner Rome, in the flourishing State of that Republic, suddenly lost its Liberty.

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11.16.

16. Of the legislative Power in the Roman Republic.

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11.17.

17. Of the executive Power in the same Republic.

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11.19.

19. Of the Government of the Roman Provinces.

11.20.

20. The End of this Book.

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12.

Book XII. Of the Laws That Form Political Liberty, in Relation to the Subject.

12.1.

1. Idea of this Book.

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12.2.

2. Of the Liberty of the Subject.

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12.3.

3. The same Subject continued.

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12.4.

4. That Liberty is favoured by the Nature and Proportion of Punishments.

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12.5.

5. Of certain Accusations that require particular Moderation and Prudence.

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12.6.

6. Of the Crime against Nature.

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12.7.

7. Of the Crime of High Treason.

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12.8.

8. Of the Misapplication of the Terms Sacrilege and High Treason.

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12.9.

9. The same Subject continued.

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12.10.

10. The same Subject continued.

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12.11.

11. Of Thoughts.

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12.12.

12. Of indiscreet Speeches.

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12.13.

13. Of Writings.

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12.14.

14. Breach of Modesty in punishing Crimes.

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12.15.

15. Of the Enfranchisement of Slaves in order to accuse their Master.

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12.16.

16. Of Calumny with regard to the Crime of High Treason.

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12.17.

17. Of the revealing of Conspiracies.

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12.18.

18. How dangerous it is in Republics to be too severe in punishing the Crime of High Treason.

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12.19.

19. In what Manner the Use of Liberty is suspended in a Republic.

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12.20.

20. Of Laws favourable to the Liberty of the Subject in a Republic.

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12.21.

21. Of the Cruelty of Laws in respect to Debtors in a Republic.

12.22.

22. Of Things that strike at Liberty in Monarchies.

12.23.

23. Of Spies in Monarchies.

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12.24.

24. Of Anonymous Letters.

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12.25.

25. Of the Manner of governing in Monarchies.

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12.26.

26. That in a Monarchy the Prince ought to be of easy Access.

12.27.

27. Of the Manners of a Monarch.

12.28.

28. Of the Regard which Monarchs owe to their Subjects.

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12.29.

29. Of the civil Laws proper for mixing some portion of Liberty in a despotic Government.

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12.30.

30. The same Subject continued.

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13.

Book XIII. Of the Relation Which the Levying of Taxes and the Greatness of the Public Revenues Bear to Liberty.

13.1.

1. Of the Public Revenues.

13.2.

2. That it is bad Reasoning to say that the Greatness of Taxes is good in its own Nature.

13.3.

3. Of Taxes in Countries where Part of the People are Villains or Bondmen.

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13.4.

4. Of a Republic in the like Case.

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13.5.

5. Of a Monarchy in the like Case.

13.6.

6. Of a despotic Government in the like Case.

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13.7.

7. Of Taxes in Countries where Villainage is not established.

13.8.

8. In what Manner the Deception is preserved.

13.9.

9. Of a bad Kind of Impost.

13.10.

10. That the Greatness of Taxes depends on the Nature of the Government.

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13.11.

11. Of Confiscations.

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13.12.

12. Relation between the Weight of Taxes and Liberty.

13.13.

13. In what Government Taxes are capable of Increase.

13.14.

14. That the Nature of the Taxes is in Relation to the Government.

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13.15.

15. Abuse of Liberty.

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13.16.

16. Of the Conquests of the Mahometans.

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13.17.

17. Of the Augmentation of Troops.

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13.18.

18. Of an Exemption from Taxes.

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13.19.

19. Which is more suitable to the Prince and to the People, the farming the Revenues, or managing them by Commission?

13.20.

20. Of the Farmers of the Revenues.

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14.

Book XIV. Of Laws in Relation to the Nature of the Climate.

14.1.

1. General Idea.

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14.2.

2. Of the Difference of Men in different Climates.

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14.3.

3. Contradiction in the Tempers of some Southern Nations.

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14.4.

4. Cause of the Immutability of Religion, Manners, Customs, and Laws in the Eastern Countries.

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14.5.

5. That those are bad Legislators who favour the Vices of the Climate, and good Legislators who oppose those Vices.

14.6.

6. Of Agriculture in warm Climates. Agriculture is the principal labour of man.

14.7.

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14.8.

8. An excellent Custom of China.

14.9.

9. Means of encouraging Industry.

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14.10.

10. Of the Laws in relation to the Sobriety of the People.

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14.11.

11. Of the Laws in relation to the Distempers of the Climate.

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14.12.

12. Of the Laws against Suicides.

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14.13.

13. Effects arising from the Climate of England.

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14.14.

14. Other Effects of the Climate.

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14.15.

15. Of the different Confidence which the Laws have in the People, according to the Difference of Climates.

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15.

Book XV. In What Manner the Laws of Civil Slavery Relate to the Nature of the Climate.

15.1.

1. Of civil Slavery.

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15.2.

2. Origin of the Right of Slavery among the Roman Civilians.

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15.3.

3. Another Origin of the Right of Slavery.

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15.4.

4. Another Origin of the Right of Slavery.

15.5.

5. Of the Slavery of the Negroes.

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15.6.

6. The true Origin of the Right of Slavery.

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15.7.

7. Another Origin of the Right of Slavery.

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15.8.

8. Inutility of Slavery among us.

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15.9.

9. Several Kinds of Slavery.

15.10.

10. Regulations necessary in respect to Slavery.

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15.11.

11. Abuses of Slavery.

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15.12.

12. Danger from the Multitude of Slaves.

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15.13.

13. Of armed Slaves.

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15.14.

14. The same Subject continued.

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15.15.

15. Precautions to be used in Moderate Governments.

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15.16.

16. Regulations between Masters and Slaves.

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15.17.

17. Of Enfranchisements.

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15.18.

18. Of Freedmen and Eunuchs.

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16.

Book XVI. How the Laws of Domestic Slavery Bear a Relation to the Nature of the Climate.

16.1.

1. Of domestic Servitude.

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16.2.

2. That in the Countries of the South there is a natural Inequality between the two Sexes.

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16.3.

3. That a Plurality of Wives greatly depends on the Means of supporting them.

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16.4.

4. That the Law of Polygamy is an affair that depends on Calculation.

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16.5.

5. The Reason of a Law of Malabar.

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16.6.

6. Of Polygamy considered in itself.

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16.7.

7. Of an Equality of Treatment in case of many Wives.

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16.8.

8. Of the Separation of Women from Men.

16.9.

9. Of the Connection between domestic and political Government.

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16.10.

10. The Principle on which the Morals of the East are founded.

16.11.

11. Of domestic Slavery independently of Polygamy.

16.12.

12. Of natural Modesty.

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16.13.

13. Of Jealousy.

16.14.

14. Of the Eastern Manner of domestic Government.

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16.15.

15. Of Divorce and Repudiation.

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16.16.

16. Of Repudiation and Divorce amongst the Romans.

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17.

Book XVII., How the Laws of Political Servitude Bear a Relation to the Nature of the Climate.

17.1.

1. Of political Servitude.

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17.2.

2. The Difference between Nations in point of Courage.

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17.3.

3. Of the Climate of Asia.

17.4.

4. The Consequences resulting from this.

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17.5.

5. That when the People in the North of Asia and those of the North of Europe made Conquests, the Effects of the Conquest were not the same.

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17.6.

6. A new physical Cause of the Slavery of Asia, and of the Liberty of Europe.

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17.7.

7. Of Africa and America.

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18.

Book XVIII. Of Laws in the Relation They Bear to the Nature of the Soil.

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18.1.

1. How the Nature of the Soil has an Influence on the Laws.

18.2.

2. The same Subject continued.

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18.3.

3. What Countries are best cultivated.

18.4.

4. New Effects of the Fertility and Barrenness of Countries.

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18.5.

5. Of the Inhabitants of Islands.

18.6.

6. Of Countries raised by the Industry of Man.

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18.7.

7. Of human Industry.

18.8.

8. The general Relation of Laws.

18.9.

9. Of the Soil of America.

18.10.

10. Of Population in the Relation it bears to the Manner of procuring Subsistence.

18.11.

11. Of savage and barbarous Nations.

18.12.

12. Of the Law of Nations among People who do not cultivate the Earth.

18.13.

13. Of the Civil Laws of those Nations who do not cultivate the Earth.

18.14.

14. Of the political State of the People who do not cultivate the Land.

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18.15.

15. Of People who know the Use of Money.

18.16.

16. Of Civil Laws among People who know not the Use of Money.

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18.17.

17. Of political Laws among Nations who have not the Use of Money.

18.18.

18. Of the Power of Superstition.

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18.19.

19. Of the Liberty of the Arabs and the Servitude of the Tartars.

18.20.

20. Of the Law of Nations as practised by the Tartars.

18.21.

21. The Civil Law of the Tartars.

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18.22.

22. Of a Civil Law of the German Nations.

18.23.

23. Of the regal Ornaments among the Franks.

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18.24.

24. Of the Marriages of the Kings of the Franks.

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18.25.

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18.26.

26. Of the Time when the Kings of the Franks became of age.

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18.27.

27. The same Subject continued.

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18.28.

28. Of Adoption among the Germans.

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18.29.

29. Of the sanguinary Temper of the Kings of the Franks.

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18.30.

30. Of the national Assemblies of the Franks.

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18.31.

31. Of the Authority of the Clergy under the first Race.

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19.

Book XIX. Of Laws in Relation to the Principles Which Form the General Spirit, Morals, and Customs of a Nation.

19.2.

1. Of the Subject of this Book.

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19.2.

2. That it is necessary People's Minds should be prepared for the Reception of the best Laws.

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19.3.

19.4.

4. Of the general Spirit of Mankind.

19.5.

5. How far we should be attentive lest the general Spirit of a Nation be changed.

19.6.

6. That Everything ought not to be corrected.

19.7.

7. Of the Athenians and Lacedmonians.

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19.8.

8. Effects of a sociable Temper.

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19.9.

9. Of the Vanity and Pride of Nations. Vanity is as advantageous to a government as pride is dangerous.

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19.10.

10. Of the Character of the Spaniards and Chinese.

19.11.

11. A Reflection.

19.12.

12. Of Customs and Manners in a despotic State.

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19.13.

13. Of the Behaviour of the Chinese.

19.14.

14. What are the natural Means of changing the Manners and Customs of a Nation.

19.15.

15. The Influence of domestic Government on the political.

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19.16.

16. How some Legislators have confounded the Principles which govern Mankind.

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19.17.

17. Of the peculiar Quality of the Chinese Government.

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19.18.

18. A Consequence drawn from the preceding Chapter.

19.19.

19. How this Union of Religion, Laws, Manners, and Customs among the Chinese was effected.

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19.20.

20. Explanation of a Paradox relating to the Chinese.

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19.21.

21. How the Laws ought to have a Relation to Manners and Customs.

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19.22.

22. The same Subject continued.

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19.23.

23. How the Laws are founded on the Manners of a People.

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19.24.

24. The same Subject continued.

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19.25.

25. The same Subject continued.

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19.26.

26. The same Subject continued.

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19.27.

27. How the Laws contribute to form the Manners, Customs, and Character of a Nation.

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20.

Book XX. Of Laws in Relation to Commerce, Considered in its Nature and Distinctions.

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20.1.

1. Of Commerce.

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20.2.

1. Of the Spirit of Commerce.

20.3.

3. Of the Poverty of the People.

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20.4.

4. Of Commerce in different Governments.

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20.5.

5. Of Nations that have entered into an economical Commerce.

20.6.

6. Some Effects of an extensive Navigation.

20.7.

7. The Spirit of England with respect to Commerce.

20.8.

8. In what Manner economical Commerce has been sometimes restrained.

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20.9.

9. Of the Prohibition of Commerce.

20.10.

10. An Institution adapted to economical Commerce.

20.11.

11. The same Subject continued.

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20.12.

12. Of the Freedom of Commerce.

20.13.

13. What it is that destroys this Liberty.

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20.14.

14. The Laws of Commerce concerning the Confiscation of Merchandise.

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20.15.

15. Of seizing the Persons of Merchants.

20.16.

16. An excellent Law.

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20.17.

17. A Law of Rhodes.

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20.18.

18. Of the Judges of Commerce.

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20.19.

19. That a Prince ought not to engage himself in Commerce.

20.20.

20. The same Subject continued.

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20.21.

21. Of the Commerce of the Nobility in a Monarchy.

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20.22.

22. A singular Reflection.

20.23.

23. To what Nations Commerce is prejudicial.

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21.

Book XXI. Of Laws in relation to Commerce, considered in the Revolutions it has met with in the World.

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21.1.

1. Some general Considerations.

21.2.

2. Of the People of Africa.

21.3.

3. That the Wants of the People in the South are different from those of the North.

21.4.

4. The principal Difference between the Commerce of the Ancients and the Moderns.

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21.5.

5. Other Differences.

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21.6.

6. Of the Commerce of the Ancients.

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21.7.

7. Of the Commerce of the Greeks.

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21.8.

8. Of Alexander: his Conquests.

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21.9.

9. Of the Commerce of the Grecian Kings after the Death of Alexander.

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21.10.

10. Of the Circuit of Africa.

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21.11.

11. Of Carthage and Marseilles.

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21.12.

12. The Isle of Delos.

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21.13.

13. Of the Genius of the Romans as to Maritime Affairs.

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21.14.

14. Of the Genius of the Romans with respect to Commerce.

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21.15.

15. Of the Commerce of the Romans with the Barbarians.

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21.16.

16. Of the Commerce of the Romans with Arabia and the Indies.

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21.17.

17. Of Commerce after the Destruction of the Western Empire.

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21.18.

18. A particular Regulation.

21.19.

19. Of Commerce after the Decay of the Roman Power in the East.

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21.20.

20. How Commerce broke through the Barbarism of Europe.

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21.21.

21. The Discovery of two new Worlds, and in what Manner Europe is affected by it.

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21.22.

22. Of the Riches which Spain drew from America.

21.23.

23. A Problem, it is not for me to decide the question whether, if Spain be not herself able to carry on the trade of the Indies, it would not be better to leave it open to strangers.

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22.

Book XXII. Of Laws in Relation to the Use of Money.

22.1.

1. The Reason of the Use of Money.

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22.2.

2. Of the Nature of Money.

22.3.

3. Of ideal Money.

22.4.

4. Of the Quantity of Gold and Silver.

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22.5.

5. The same Subject continued.

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22.6.

6. The Reason why Interest was lowered one-half after the Conquest of the Indies.

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22.7.

7. How the Price of Things is fixed in the Variation of the Sign of Riches.

22.8.

8. The same Subject continued.

22.9.

9. Of the relative Scarcity of Gold and Silver.

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22.10.

10. Of Exchange.

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22.11.

11. Of the Proceedings of the Romans with respect to Money.

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22.12.

12. The Circumstances in which the Romans changed the Value of the Specie.

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22.13.

13. Proceedings with respect to Money in the Time of the Emperors.

22.14.

14. How the Exchange is a Constraint on despotic Power.

22.15.

15. The Practice of some Countries in Italy.

22.16.

16. The Assistance a State may derive from Bankers.

22.17.

17. Of Public Debts.

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22.18.

18. Of the Payment of Public Debts.

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22.19.

19. Of lending upon Interest.

22.20.

20. Of Maritime Usury.

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22.21.

21. Of Lending by Contract, and the State of Usury among the Romans.

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22.22.

22. The same Subject continued.

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23.

Book XXIII. Of Laws in the Relation They Bear to the Number of Inhabitants.

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23.1.

1. Of Men and Animals with respect to the Multiplication of their Species.

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23.2.

2. Of Marriage.

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23.3.

3. Of the Condition of Children.

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23.4.

4. Of Families.

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23.5.

5. Of the several Orders of lawful Wives.

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23.6.

6. Of Bastards in different Governments.

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23.7.

7. Of the Father's Consent to Marriage.

23.8.

8. The same Subject continued.

23.9.

9. Of young Women.

23.10.

10. What it is that determines Marriage.

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23.11.

11. Of the Severity of Government.

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23.12.

12. Of the Number of Males and Females in different Countries.

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23.13.

13. Of Seaport Towns.

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23.14.

14. Of the Productions of the Earth which require a greater or less Number of Men.

23.15.

15. Of the Number of Inhabitants with relation to the Arts.

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23.16.

16. The Concern of the Legislator in the Propagation of the Species.

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23.17.

17. Of Greece and the Number of its Inhabitants.

23.18.

18. Of the State and Number of People before the Romans.

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23.19.

19. Of the Depopulation of the Globe.

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23.20.

20. That the Romans were under the Necessity of making Laws to encourage the Propagation of the Species.

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23.21.

21. Of the Laws of the Romans relating to the Propagation of the Species.

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23.22.

22. Of the Exposing of Children.

23.23.

23. Of the State of the World after the Destruction of the Romans.

23.24.

24. The Changes which happened in Europe with regard to the Number of the Inhabitants.

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23.25.

25. The same Subject continued.

23.26.

26. Consequences.

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23.27.

27. Of the Law made in France to encourage the Propagation of the Species.

23.28.

28. By what means we may remedy a Depopulation.

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23.29.

29. Of Hospitals.

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24.

Book XXIV. Of Laws in relation to Religion Considered in Itself, and in its Doctrines.

24.1.

1. Of Religion in General.

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24.2.

2. A Paradox of M. Bayle's.

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24.3.

3. That a moderate Government is most agreeable to the Christian Religion, and a despotic Government to the Mahometan.

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24.4.

4. Consequences from the Character of the Christian Religion, and that of the Mahometan.

24.5.

5. That the Catholic Religion is most agreeable to a Monarchy, and the Protestant to a Republic.

24.6.

6. Another of M. Bayle's Paradoxes.

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24.7.

7. Of the Laws of Perfection in Religion.

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24.8.

8. Of the Connection between the moral Laws and those of Religion.

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24.9.

9. Of the Essenes.

24.10.

10. Of the Sect of Stoics.

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24.11.

11. Of Contemplation.

24.12.

12. Of Penances.

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24.13.

13. Of inexpiable Crimes.

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24.14.

14. In what Manner Religion has an Influence on Civil Laws.

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24.15.

15. How false Religions are sometimes corrected by the Civil Laws.

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24.16.

16. How the Laws of Religion correct the Inconveniences of a political Constitution.

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24.17.

17. The same Subject continued.

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24.18.

18. How the Laws of Religion have the Effect of Civil Laws.

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24.19.

19. That it is not so much the Truth or Falsity of a Doctrine which renders it useful or pernicious to Men in civil Government, as the Use or Abuse of it.

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24.20.

20. The same Subject continued.

24.21.

21. Of the Metempsychosis.

24.22.

22. That it is dangerous for Religion to inspire an Aversion for Things in themselves indifferent.

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24.23.

23. Of Festivals.

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24.24.

24. Of the local Laws of Religion.

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24.25.

25. The Inconvenience of transplanting a Religion from one Country to another.

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24.26.

26. The same Subject continued.

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25.

Book XXV. Of Laws in Relation to the Establishment of Religion and its External Polity.

25.1.

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25.2.

2. Of the Motives of Attachment to different Religions.

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25.3.

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25.4.

4. Of the Ministers of Religion.

25.5.

5. Of the Bounds which the Laws ought to prescribe to the Riches of the Clergy.

25.6.

6. Of Monasteries.

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25.7.

7. Of the Luxury of Superstition.

25.8.

8. Of the Pontificate.

25.9.

9. Of Toleration in point of Religion.

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25.10.

10. The same Subject continued.

25.11.

11. Of changing a Religion.

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25.12.

12. Of penal Laws.

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25.13.

13. A most humble Remonstrance to the Inquisitors of Spain and Portugal.

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25.14.

14. Why the Christian Religion is so odious in Japan.

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25.15.

15. Of the Propagation of Religion.

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26.

Book XXVI. Of Laws in Relation to the Order of Things Which They Determine.

26.1.

1. Idea of this Book.

26.2.

2. Of Laws divine and human.

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26.3.

3. Of civil Laws contrary to the Law of Nature.

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26.4.

4. The same Subject continued.

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26.5.

5. Cases in which we may judge by the Principles of the civil Law in limiting the Principles of the Law of Nature.

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26.6.

6. That the Order of succession or Inheritance depends on the Principles of political or civil Law, and not on those of the Law of Nature.

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26.7.

7. That we ought not to decide by the Precepts of Religion what belongs only to the Law of Nature.

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26.8.

8. That we ought not to regulate by the Principles of the canon Law Things which should be regulated by those of the civil Law.

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26.9.

9. That Things which ought to be regulated by the Principles of civil Law can seldom be regulated by those of Religion.

26.10.

10. In what Case we ought to follow the civil Law which permits, and not the Law of Religion which forbids.

26.11.

11. That human Courts of Justice should not be regulated by the Maxims of those Tribunals which relate to the Other Life.

26.12.

12. The same Subject continued.

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26.13.

13. In what Cases, with regard to Marriage, we ought to follow the Laws of Religion; and in what Cases we should follow the civil Laws.

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26.14.

14. In what instances Marriages between Relatives shall be regulated by the Laws of Nature: and in what instances by the civil Laws.

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26.15.

15. That we should not regulate by the Principles of political Law those Things which depend on the Principles of civil Law.

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26.16.

16. That we ought not to decide by the Rules of the civil Law when it is proper to decide by those of the political Law.

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26.17.

17. The same Subject continued.

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26.18.

18. That it is necessary to inquire whether the Laws which seem contradictory are of the same Class.

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26.19.

19. That we should not decide those Things by the civil Law which ought to be decided by domestic Laws.

26.20.

20. That we ought not to decide by the Principles of the civil Laws those Things which belong to the Law of Nations.

26.21.

21. That we should not decide by political Laws Things which belong to the Law of Nations.

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26.22.

22. The unhappy State of the Inca Athualpa.

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26.23.

23. That when, by some Circumstance, the political Law becomes destructive to the State, we ought to decide by such a political Law as will preserve it, which sometimes becomes a Law of Nations.

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26.24.

24. That the Regulations of the Police are of a different Class from other civil Laws.

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26.25.

25. That we should not follow the general Disposition of the civil Law, in things which ought to be subject to particular Rules drawn from their own Nature.

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27.

Book XXVII. Of the Origin and Revolutions of the Roman Laws on Successions.

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28.

Book XXVIII. Of the Origin and Revolutions of the Civil Laws among the French.

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28.1.

1. Different Character of the Laws of the several People of Germany.

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28.2.

2. That the Laws of the Barbarians were all personal.

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28.3.

3. Capital Difference between the Salic Laws and those of the Visigoths and Burgundians.

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28.4.

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.

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28.6.

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28.7.

7. How the Roman Law came to be lost in Spain.

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28.8.

8. A false Capitulary.

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28.9.

9. In what manner the Codes of Barbarian Laws and the Capitularies came to be lost.

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28.10.

10. The same Subject continued.

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28.11.

11. Other Causes of the Disuse of the Codes of Barbarian Laws, as well as of the Roman Law, and of the Capitularies.

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28.12.

12. Of local Customs. Revolution of the Laws of barbarous Nations, as well as of the Roman Law.

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28.13.

13. Difference between the Salic law, or that of the Salian Franks, and that of thee Ripuarian Franks and other barbarous Nations.

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28.14.

14. Another Difference.

28.15.

15. A Reflection.

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28.16.

16. Of the Ordeal or Trial by boiling Water, established by the Salic Law.

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28.17.

17. Particular Notions of our Ancestors.

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28.18.

18. In what manner the Custom of judicial Combats gained Ground.

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28.19.

19. A new Reason of the Disuse of the Salic and Roman Laws, as also of the Capitularies.

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28.20.

20. Origin of the Point of Honour.

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28.21.

21. A new Reflection upon the Point of Honour among the Germans.

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28.22.

22. Of the Manners in relation to judicial Combats.

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28.23.

23. Of the Code of Laws on judicial Combats.

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28.24.

24. Rules established in the judicial Combat.

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28.25.

25. Of the Bounds prescribed to the Custom of judicial Combats.

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28.26.

26. On the judiciary Combat between one of the Parties and one of the Witnesses.

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28.27.

27. Of the judicial Combat between one of the Parties and one of the Lords' Peers.

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28.28.

28. Of the Appeal of Default of Justice.

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28.29.

29. Epoch of the Reign of St. Louis.

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28.30.

30. Observation on Appeals.

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28.31.

31. The same Subject continued.

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28.32.

32. The same Subject continued.

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28.33.

33. The same Subject continued.

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28.34.

34. In what Manner the Proceedings at Law became secret.

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28.35.

35. Of the Costs.

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28.36.

36. Of the public Prosecutor.

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28.37.

37. In what Manner the Institutions of St. Louis fell into Oblivion.

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28.38.

38. The same Subject continued.

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28.39.

39. The same Subject continued.

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28.40.

40. In what Manner the judiciary Forms were borrowed from the Decretals.

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28.41.

41. Flux and Reflux of the ecclesiastic and temporal Jurisdiction.

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28.42.

42. The Revival of the Roman Law, and the Result thereof.

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28.43.

43. The same Subject continued.

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28.44.

44. Of the Proof by Witnesses.

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28.45.

45. Of the Customs of France.

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29.

Book XXIX. Of the Manner of Composing Laws.

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29.1.

1. Of the Spirit of a Legislator.

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29.2.

2. The same Subject continued.

29.3.

3. That the Laws which seem to deviate from the Views of the Legislator are frequently agreeable to them.

29.4.

4. Of the Laws contrary to the Views of the Legislator.

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29.5.

5. The same Subject continued.

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29.6.

6. The Laws which appear the same have not always the same Effect.

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29.7.

7. The same Subject continued.

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29.8.

8. That Laws which appear the same were not always made through the same Motive.

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29.10.

9. That the Greek and Roman Laws punished Suicide, but not through the same Motive.

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29.10.

10. That Laws which seem contrary proceed sometimes from the same Spirit.

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29.11.

11. How to compare two different Systems of Laws.

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29.12.

12. That Laws which appear the same are sometimes really different.

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29.13.

13. That we must not separate Laws from the End for which they were made: of the Roman Laws on Theft.

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29.14.

14. That we must not separate the Laws from the Circumstances in which they were made.

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29.15.

15. That sometimes it is proper the Law should amend itself.

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29.16.

16. Things to be observed in the composing of Laws.

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29.17.

17. A bad Method of giving Laws.

29.18.

18. Of the Ideas of Uniformity.

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29.19.

19. Of Legislators.

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30.

Book XXX. Theory of the Feudal Laws among the Franks in the Relation They Bear to the Establishment of the Monarchy.

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30.1.

1. Of Feudal Laws.

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30.2.

2. Of the Source of Feudal Laws.

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30.3.

3. The Origin of Vassalage.

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30.4.

4. The same Subject continued.

30.5.

5. Of the Conquests of the Franks.

30.6.

6. Of the Goths, Burgundians, and Franks.

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30.7.

7. Different Ways of dividing the Land.

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30.8.

8. The same Subject continued.

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30.9.

9. A just Application of the Law of the Burgundians, and of that of the Visigoths, in relation to the Division of Lands.

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30.10.

10. Of Servitudes.

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30.11.

11. The same Subject continued.

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30.12.

12. That the Lands belonging to the Division of the Barbarians paid no Taxes.

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30.13.

13. Of Taxes paid by the Romans and Gauls in the Monarchy of the Franks.

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30.14.

14. Of what they called Census.

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30.15.

15. That what they called Census was raised only on the Bondmen and not on the Freemen.

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30.16.

16. Of the feudal Lords or Vassals.

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30.17.

17. Of the military Service of Freemen.

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30.18.

18. Of the double Service.

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30.19.

19. Of Compositions among the barbarous Nations.

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30.20.

20. Of what was afterwards called the Jurisdiction of the Lords.

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30.21.

21. Of the Territorial Jurisdiction of the Churches.

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30.22.

22. That the Jurisdictions were established before the End of the Second Race.

30.23.

23. General Idea of the Abbé du Bos' Book on the Establishment of the French Monarchy in Gaul.

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30.24.

24. The same Subject continued.

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30.25.

25. Of the French Nobility.

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31.

Book XXXI. Theory of the Feudal Laws among the Franks, in the Relation They Bear to the Revolutions of their Monarchy.

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31.1.

1. Changes in the Offices and in the Fiefs.

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31.2.

2. How the Civil Government was reformed.

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31.3.

3. Authority of the Mayors of the Palace.

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31.4.

4. Of the Genius of the Nation in regard to the Mayors.

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31.5.

5. In what Manner the Mayors obtained the Command of the Armies.

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31.6.

6. Second Epoch of the Humiliation of our Kings of the first Race.

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31.7.

7. Of the great Offices and Fiefs under the Mayors of the Palace.

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31.8.

8. In what Manner the Allodial Estates were changed into Fiefs.

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31.9.

9. How the Church Lands were converted into Fiefs.

31.10.

10. Riches of the Clergy.

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31.11.

11. State of Europe at the Time of Charles Martel.

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31.12.

12. Establishment of the Tithes.

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31.13.

13. Of the Election of Bishops and Abbots.

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31.14.

14. Of the Fiefs of Charles Martel.

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31.15.

15. The same Subject continued.

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31.16.

16. Confusion of the Royalty and Mayoralty. The Second Race.

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31.17.

17. A particular Circumstance in the Election of the Kings of the Second Race.

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31.18.

18. Charlemagne.

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31.19.

19. The same Subject continued.

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31.20.

20. Louis the Debonnaire.

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31.21.

21. The same Subject continued.

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31.22.

22. The same Subject continued.

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31.23.

23. The same Subject continued.

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31.24.

24. That the Freemen were rendered capable of holding Fiefs.

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31.25.

25. Changes in the Allodia.

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31.26.

26. Changes in the Fiefs.

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31.27.

27. Another change which happened in the Fiefs.

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31.28.

28. Changes which happened in the great Offices, and in the Fiefs.

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31.29.

29. Of the Nature of the Fiefs after the Reign of Charles the Bald.

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31.30.

30. The same Subject continued.

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31.31.

31. In what Manner the Empire was transferred from the Family of Charlemain.

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31.32.

32. In what Manner the Crown of France was transferred to the House of Hugh Capet.

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31.33.

33. Some Consequences of the Perpetuity of Fiefs.

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31.34.

34. The same Subject continued.

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Collapse All | Expand All expand section

6.3. 3. Of the Manner of passing Judgment.

Hence arise the different modes ofpassing judgment. In monarchies the judges choose the method of arbitration; they deliberate together, they communicate their sentiments for the sake of unanimity; they moderate their opinions, in order to render them conformable to those of others: and the lesser number are obliged to give way to the majority. But this is not agreeable to the nature of a republic. At Rome, and in the cities of Greece, the judges never entered into a consultation; each gave his opinion in one of these three ways: "I absolve," "I condemn," "It does not appear clear to me"; [3] this was because the people judged, or were supposed to judge. But the people are far from being civilians; all these restrictions and methods of arbitration are above their reach; they must have only one object and one single fact set before them; and then they have only to see whether they ought to condemn, to acquit, or to suspend their judgment.

The Romans introduced set forms of actions, [4] after the example of the Greeks, and established a rule that each cause should be directed by its proper action. This was necessary in their manner of judging; it was necessary to fix the state of the question, that the people might have it always before their eyes. Otherwise, in a long process, this state of the question would continually change, and be no longer distinguished.

Hence it followed that the Roman judges granted only the simple demand, without making any addition, deduction, or limitation. But the prætors devised other forms of actions, which were called ex bona fide, in which the method of pronouncing sentence was left to the disposition of the judge. This was more agreeable to the spirit of monarchy. Hence it is a saying among the French lawyers, that in France [5] all actions are ex bona fide.

Footnotes

[3]

Non liquet.

[4]

Quas actiones ne populus prout vellet institueret, certas solemnesque esse voluerunt — "Dig. de Orig. Jur.," Lib. ii, 6.

[5]

In France a person, though sued for more than he owes, loses his costs if he has not offered to pay the exact debt.