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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.
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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.
  
[section]
  
Footnotes
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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

[149]

When it was not determined by the law, it was generally the third of what was given for the composition, as appears in the law of the Ripuarians, cap. lxxxix, which is explained by the third Capitulary of the year 813. — Edition of Baluzius, i, p. 512.

[150]

Book i, tit. 9, section 17, ed. Lindembrock.

[151]

Tit. 70.

[152]

Tit. 46. See also the law of the Lombards, i. cap. xxi, 3, Lindembrock's edition, si caballus cum pede, &c.

[153]

Tit. 28, section 6.

[154]

As appears by the decree of Clotharius II in the year 595.

[155]

Tit. 85.

[156]

"Capitulare incerti anni," chap. 57, in Baluzius, tome i p. 515, and it is to be observed, that what was called fredum or faida, in the monuments of the first race, is known by the name of bannum in those of the second race, as appears from the Capitulary de partibus Saxoniæ, in the year 789.

[157]

See the Capitulary of Charlemagne, de villis, where he ranks these freda among the great revenues of what was called villæ, or the king's demesnes.

[158]

See Marculfus, book i, form. 3, 4, 17.

[159]

See Marculfus, book i, form. 2, 3, 4.

[160]

See the Collections of those charters, especially that at the end of the 5th volume of the "Historians of France," published by the Benedictine monks.

[161]

See the 3rd, 4th, and 14th of the first book, and the charter of Charlemagne, in the year 771, in Martene, Anecdot. collect., ii, tome i.

[162]

Treatise of village jurisdictions, Loyseau.

[163]

See Du Cange on the word hominium.

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