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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
  
ADVERTISEMENT

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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.
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17. Of the military Service of Freemen.
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18. Of the double Service.
  
[section]
  
Footnotes
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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

[117]

Art. 1, 2, and the council in verno palatio of the year 845, art. 8, edition of Baluzius, tome ii, p. 17.

[118]

Or assizes.

[119]

"Capitularies," book iv of the "Collection of Angezise," art. 57; and the fifth capitulary of Louis the Debonnaire, in the year 819, art. 14, edition of Baluzius, tome i, p. 615.

[120]

See the 8th note of the preceding chapter.

[121]

It is to be found in the "Collection of William Larabard," De Priscis Anglorum legibus.

[122]

In the word Satrapia.

[123]

This is well explained by the assizes of Jerusalem, chaps. 221, 222.

[124]

The advowees of the church (advocati) were equally at the head of their placita and of their militia.

[125]

See Marculfus, book i, form. 8, which contains the letters given to a duke, patrician, or count; and invests them with the civil jurisdiction, and the fiscal administration.

[126]

"Chronicle," 78, in the year 636.

[127]

See concerning this subject the "Capitularies of Louis the Debonnaire" added to the Salic law, art. 2, and the formula of judgments given by Du Cange in the word boni homines.

[128]

Per bonos homines, sometimes there were none but principal men. See the appendix to the formularies of Marculfus, chap. 51.

[129]

And some tolls on rivers, of which I have spoken already.

[130]

See the "Law of the Ripuarians," tit. 89; and the "Law of the Lombards," book ii, tit. 52, sec. 9.

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