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.
expand section28. 
Book XXVIII. Of the Origin and Revolutions of the Civil Laws among the French.
expand section29. 
Book XXIX. Of the Manner of Composing Laws.
collapse section30. 
Book XXX. Theory of the Feudal Laws among the Franks in the Relation They Bear to the Establishment of the Monarchy.
expand section30.1. 
1. Of Feudal Laws.
expand section30.2. 
2. Of the Source of Feudal Laws.
expand section30.3. 
3. The Origin of Vassalage.
expand section30.4. 
4. The same Subject continued.
 30.5. 
5. Of the Conquests of the Franks.
 30.6. 
6. Of the Goths, Burgundians, and Franks.
expand section30.7. 
7. Different Ways of dividing the Land.
expand section30.8. 
8. The same Subject continued.
expand section30.9. 
9. A just Application of the Law of the Burgundians, and of that of the Visigoths, in relation to the Division of Lands.
expand section30.10. 
10. Of Servitudes.
expand section30.11. 
11. The same Subject continued.
expand section30.12. 
12. That the Lands belonging to the Division of the Barbarians paid no Taxes.
expand section30.13. 
13. Of Taxes paid by the Romans and Gauls in the Monarchy of the Franks.
expand section30.14. 
14. Of what they called Census.
expand section30.15. 
15. That what they called Census was raised only on the Bondmen and not on the Freemen.
expand section30.16. 
16. Of the feudal Lords or Vassals.
expand section30.17. 
17. Of the military Service of Freemen.
expand section30.18. 
18. Of the double Service.
collapse section30.19. 
19. Of Compositions among the barbarous Nations.
  
[section]
  
Footnotes
expand section30.20. 
20. Of what was afterwards called the Jurisdiction of the Lords.
expand section30.21. 
21. Of the Territorial Jurisdiction of the Churches.
expand section30.22. 
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.
expand section30.24. 
24. The same Subject continued.
expand section30.25. 
25. Of the French Nobility.
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 section19. Of Compositions among the barbarous Nations. The Spirit of the Laws
next section

Footnotes

[131]

Tacitus, "De Moribus Germanorum," 21.

[132]

See this law in the 2nd title on murders; and Vulemar's addition on robberies.

[133]

Tit. i, section 1.

[134]

Salic Law, tit. 8, section 1; tit. 17, section 3.

[135]

The Salic laws are admirable in this respect, see especially the titles 3, 4, 5, 6, and 7, which related to the stealing of cattle.

[136]

Book i, tit. 7, section 15.

[137]

See the "Law of the Angli," tit. 1, sections 1, 2, and 4; ibid. tit. 5, section 6; the "Law of the Bavarians," tit. 1, cap. 8, 9, and the "Law of the Frisians," tit. 15.

[138]

Tit. 2, cap. xx.

[139]

Hozidra, Ozza, Sagana, Habalingua, Anniena. — Ibid.

[140]

Thus the law of Ina valued life by a certain sum of money, or by a certain portion of land. Leges Inæ regis, titulo de villico regio de priscis Anglorum legibus. — Cambridge, 1644.

[141]

See the "Law of the Saxons," which makes this same regulation for several people, cap. xviii. See also the "Law of the Ripuarians," tit. 36, section 11; the "Law of the Bavarians," tit. 1, sections 10 and 11.

[142]

See the "Law of the Lombards," book i, tit. 25 section 21; ibid., book i, tit. 9, section 8, 34; ibid., section 38, and the Capitulary of Charlemagne in the year 802, cap. xxxii, containing an instruction given to those whom he sent into the provinces.

[143]

See in Gregory of Tours, book vii. 47, the detail of a process, wherein a party loses half the composition that had been adjudged to him, for having done justice to himself, instead of receiving satisfaction, whatever injury he might have afterwards received.

[144]

See the "Law of the Saxons," cap. iii, section 4; the "Law of the Lombards," book i, tit. 37, sections 1 and 2; and the "Law of the Alemans," tit. 45, sections 1 and 2. This last law gave leave to the party injured to right himself upon the spot, and in the first transport of passion. See also the "Capitularies of Charlemagne" in the year 779, cap. xxii, in the year 802, cap. xxxii, and also that of the year 805, cap. v.

[145]

The compilers of the "Law of the Ripuarians" seem to have softened this. See the 85th title of those laws.

[146]

See the decree of Tassillon, De Popularibus legibus, art. 3, 4, 10, 16, 19; the "Law of the Angli," tit. vii. section 4.

[147]

Book i, tit. ix, section 4.

[148]

Pactus pro tenore pads inter Childebertum et Clotarium, anno 593, et decretio Clotarii 2 regis, circa annum 595, cap. xi.

previous section19. Of Compositions among the barbarous Nations. The Spirit of the Laws
next section