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.
collapse section12. 
Book XII. Of the Laws That Form Political Liberty, in Relation to the Subject.
 12.1. 
1. Idea of this Book.
expand section12.2. 
2. Of the Liberty of the Subject.
expand section12.3. 
3. The same Subject continued.
expand section12.4. 
4. That Liberty is favoured by the Nature and Proportion of Punishments.
expand section12.5. 
5. Of certain Accusations that require particular Moderation and Prudence.
expand section12.6. 
6. Of the Crime against Nature.
expand section12.7. 
7. Of the Crime of High Treason.
expand section12.8. 
8. Of the Misapplication of the Terms Sacrilege and High Treason.
collapse section12.9. 
9. The same Subject continued.
  
[section]
  
Footnotes
expand section12.10. 
10. The same Subject continued.
expand section12.11. 
11. Of Thoughts.
expand section12.12. 
12. Of indiscreet Speeches.
expand section12.13. 
13. Of Writings.
expand section12.14. 
14. Breach of Modesty in punishing Crimes.
expand section12.15. 
15. Of the Enfranchisement of Slaves in order to accuse their Master.
expand section12.16. 
16. Of Calumny with regard to the Crime of High Treason.
expand section12.17. 
17. Of the revealing of Conspiracies.
expand section12.18. 
18. How dangerous it is in Republics to be too severe in punishing the Crime of High Treason.
expand section12.19. 
19. In what Manner the Use of Liberty is suspended in a Republic.
expand section12.20. 
20. Of Laws favourable to the Liberty of the Subject in a Republic.
expand section12.21. 
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.
expand section12.24. 
24. Of Anonymous Letters.
expand section12.25. 
25. Of the Manner of governing in Monarchies.
expand section12.26. 
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.
expand section12.29. 
29. Of the civil Laws proper for mixing some portion of Liberty in a despotic Government.
expand section12.30. 
[chapter]
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.
expand section30. 
Book XXX. Theory of the Feudal Laws among the Franks in the Relation They Bear to the Establishment of the Monarchy.
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 section9. The same Subject continued. The Spirit of the Laws
next section

12.9. 9. The same Subject continued.

Paulinus having written to the Emperor Alexander that "he was preparing to prosecute for high treason a judge who had decided contrary to his edict," the emperor answered, "that under his reign there was no such thing as indirect high treason." [24]

Faustinian wrote to the same emperor that as he had sworn by the prince's life never to pardon his slave, he found himself thereby obliged to perpetuate his wrath, lest he should incur the guilt of laeesa majestas. Upon which the emperor made answer, "Your fears are groundless, [25] and you are a stranger to my principles."

It was determined by a senatus-consultum [26] that whosoever melted down any of the emperor's statues which happened to be rejected should not be deemed guilty of high treason. The Emperors Severus and Antoninus wrote to Pontius [27] that those who sold unconsecrated statues of the emperor should not be charged with high treason. The same princes wrote to Julius Cassianus that if a person in flinging a stone should by chance strike one of the emperor's statues he should not be liable to a prosecution for high treason. [28] The Julian law requires this sort of limitations; for in virtue of this law the crime of high treason was charged not only upon those who melted down the emperor's statues, but likewise on those who committed any such like action, [29] which made it an arbitrary crime. When a number of crimes of laesa majestas had been established, they were obliged to distinguish the several sorts. Hence Ulpian, the civilian, after saying that the accusation of laesa majestas did not die with the criminal, adds that this does not relate to all the treasonable acts established by the Julian law, [30] but only to that which implies an attempt against the empire, or against the emperor's life.

Footnotes

[24]

Etiam ex aliis causis majestatis crimina cessant meo sæculo -- Leg. 1. Cod., ix, tit. 8, ad leg. Jul. Majest.

[25]

Alienam sectæ meæ solicitudinem concepisti. — Leg. 2, Cod., iii, tit. 4, ad leg. Jul. Majest.

[26]

Leg. 4, 1, ff. ad leg., Jul. Majest., xlviii, tit. 4.

[27]

See Leg. 5, 2, ff. ibid.

[28]

Ibid., 1.

[29]

Aliudve quid simile admiserint — Leg. 6, ff. ad leg. Jul. Majest.

[30]

In the last law, ff. ad leg. Jul. de adulteriis.

previous section9. The same Subject continued. The Spirit of the Laws
next section