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The Spirit of the Laws

  
[title page]
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The Translator to the Reader
  
CONTENTS
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PREFACE
  
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Book I. Of Laws in General.
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Book II. Of Laws Directly Derived from the Nature of Government.
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Book III. Of the Principles of the Three Kinds of Government.
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Book IV. That the Laws of Education Ought to Be in Relation to the Principles of Government.
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Book V. That the Laws Given by the Legislator Ought to Be in Relation to the Principle of Government.
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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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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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Book VIII. Of the Corruption of the Principles of the Three Governments.
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Book IX., Of Laws in the Relation They Bear to a Defensive Force.
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Book X. Of Laws in the Relation They Bear to Offensive Force.
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Book XI. Of the Laws Which Establish Political Liberty, with Regard to the Consti- tution.
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Book XII. Of the Laws That Form Political Liberty, in Relation to the Subject.
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Book XIII. Of the Relation Which the Levying of Taxes and the Greatness of the Public Revenues Bear to Liberty.
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Book XIV. Of Laws in Relation to the Nature of the Climate.
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Book XV. In What Manner the Laws of Civil Slavery Relate to the Nature of the Climate.
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Book XVI. How the Laws of Domestic Slavery Bear a Relation to the Nature of the Climate.
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Book XVII., How the Laws of Political Servitude Bear a Relation to the Nature of the Climate.
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Book XVIII. Of Laws in the Relation They Bear to the Nature of the Soil.
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Book XIX. Of Laws in Relation to the Principles Which Form the General Spirit, Morals, and Customs of a Nation.
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Book XX. Of Laws in Relation to Commerce, Considered in its Nature and Distinctions.
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Book XXI. Of Laws in relation to Commerce, considered in the Revolutions it has met with in the World.
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Book XXII. Of Laws in Relation to the Use of Money.
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Book XXIII. Of Laws in the Relation They Bear to the Number of Inhabitants.
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Book XXIV. Of Laws in relation to Religion Considered in Itself, and in its Doctrines.
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Book XXV. Of Laws in Relation to the Establishment of Religion and its External Polity.
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Book XXVI. Of Laws in Relation to the Order of Things Which They Determine.
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Book XXVII. Of the Origin and Revolutions of the Roman Laws on Successions.
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Book XXVIII. Of the Origin and Revolutions of the Civil Laws among the French.
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Book XXIX. Of the Manner of Composing Laws.
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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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1. Of Feudal Laws.
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2. Of the Source of Feudal Laws.
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3. The Origin of Vassalage.
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4. The same Subject continued.
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5. Of the Conquests of the Franks.
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6. Of the Goths, Burgundians, and Franks.
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7. Different Ways of dividing the Land.
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8. The same Subject continued.
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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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10. Of Servitudes.
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11. The same Subject continued.
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12. That the Lands belonging to the Division of the Barbarians paid no Taxes.
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13. Of Taxes paid by the Romans and Gauls in the Monarchy of the Franks.
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14. Of what they called Census.
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15. That what they called Census was raised only on the Bondmen and not on the Freemen.
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16. Of the feudal Lords or Vassals.
  
[section]
  
Footnotes
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17. Of the military Service of Freemen.
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18. Of the double Service.
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19. Of Compositions among the barbarous Nations.
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20. Of what was afterwards called the Jurisdiction of the Lords.
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21. Of the Territorial Jurisdiction of the Churches.
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22. That the Jurisdictions were established before the End of the Second Race.
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23. General Idea of the Abbé du Bos' Book on the Establishment of the French Monarchy in Gaul.
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24. The same Subject continued.
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25. Of the French Nobility.
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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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Footnotes

[89]

Comites. "De Moribus Germanorum," 13.

[90]

Qui sunt in truste regis, tit. 44, art. 4.

[91]

Book i, form. 18.

[92]

From the word trew, which signifies faithful among the Germans.

[93]

Leudes, fideles.

[94]

Vassalli, seniores.

[95]

Fiscalia. See Marculfus, book i. form. 14. It is mentioned in the "Life of St. Maur," dedit fiscum unum: and in the annals of Metz, in the year 747, dedit illi comitatus et fiscos plurimos. The goods designed for the support of the royal family were called regalia.

[96]

See book i, tit. 1, of the fiefs; and Cujas on that book.

[97]

Book ix, chap. 38.

[98]

Ibid., lib. vii.

[99]

Book i, form. 30.

[100]

Book iii, tit. 8, 3.

[101]

"Feudorum," lib. i, tit. 1.

[102]

It was a kind of precarious tenure which the lord consented or refused to renew every year; as Cujas has observed.

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