The Spirit of Laws by Charles de Montesquieu CONTENTS Preface Advertisement Book I. Of Laws in General 1. Of the Relation of Laws to Different Beings 2. Of the Laws of Nature 3. Of Positive Laws Book II. Of Laws Directly Derived from the Nature of Government 1. Of the Nature of the Three Different Governments 2. Of the Republican Government, and the Laws in Relation to Democracy 3. Of the Laws in Relation to the Nature of Aristocracy 4. Of the Relation of Laws to the Nature of Monarchical Government 5. Of the Laws in Relation to the Nature of a Despotic Government Book III. Of the Principles of the Three Kinds of Government 1. Difference Between the Nature and Principle of Government 2. Of the Principle of Different Governments 3. Of the Principle of Democracy 4. Of the Principle of Aristocracy 5. That Virtue Is Not the Principle of a Monarchical Government 6. In What Manner Virtue Is Supplied in a Monarchical Government 7. Of the Principle of Monarchy 8. That Honour Is Not the Principle of Despotic Government 9. Of the Principle of Despotic Government 10. Difference of Obedience in Moderate and Despotic Governments 11. Reflections on the Preceding Chapters Book IV. That the Laws of Education Ought to Be in Relation to the Principles of Government 1. Of the Laws of Education 2. Of Education in Monarchies 3. Of Education in a Despotic Government 4. Difference between the Effects of Ancient and Modern Education 5. Of Education in a Republican Government 6. Of some Institutions among the Greeks 7. In What Cases These Singular Institutions May Be of Service 8. Explanation of a Paradox of the Ancients in Respect to Manners Book V. That the Laws Given by the Legislator Ought to Be in Relation to the Principle of Government 1. Idea of This Book 2. What Is Meant by Virtue in a Political State 3. What Is Meant by a Love of the Republic in a Democracy 4. In What Manner the Love of Equality and Frugality Is Inspired 5. In What Manner the Laws Establish Equality in a Democracy 6. In What Manner the Laws Ought to Maintain Frugality in a Democracy 7. Other Methods of Favouring the Principle of Democracy 8. In What Manner the Laws Should Relate to the Principle of Government in an Aristocracy 9. In What Manner the Laws Are in Relation to Their Principle in Monarchies 10. Of the Expedition Peculiar to the Executive Power in Monarchies 11. Of the Excellence of a Monarchical Government 12. The Same Subject Continued 13. An Idea of Despotic Power 14. In What Manner the Laws Are in Relation to the Principles of Despotic Government 15. The Same Subject Continued 16. Of the Communication of Power 17. Of Presents 18. Of Rewards Conferred by the Sovereign 19. New Consequences of the Principles of the Three Governments 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 1. Of the Simplicity of Civil Laws in Different Governments 2. Of the Simplicity of Criminal Laws in Different Governments 3. In What Governments and in What Cases the Judges Ought to Determine According to the Express Letter of the Law 4. Of the Manner of Passing Judgment 5. In What Governments the Sovereign May Be Judge 6. That in Monarchies Ministers Ought Not to Sit as Judges 7. Of a Single Magistrate 8. Of Accusation in Different Governments 9. Of the Severity of Punishments in Different Governments 10. Of the Ancient French Laws 11. That When People Are Virtuous, Few Punishments Are Necessary 12. Of the Power of Punishments 13. Insufficiency of the Laws of Japan 14. Of the Spirit of the Roman Senate 15. Of the Roman Laws in Respect to Punishments 16. Of the Just Proportion between Punishments and Crimes 17. Of the Rack 18. Of Pecuniary and Corporal Punishments 19. Of the Law of Retaliation 20. Of the Punishment of Fathers for the Crimes of Their Children 21. Of the Clemency of the Prince Book VII. Consequences of the Different Principles of the Three Governments with Respect to Sumptuary Laws, Luxury, and the Condition of Women 1. Of Luxury 2. Of Sumptuary Laws in a Democracy 3. Of Sumptuary Laws in an Aristocracy 4. Of Sumptuary Laws in a Monarchy 5. In What Cases Sumptuary Laws Are Useful in a Monarchy 6. Of the Luxury of China 7. Fatal Consequences of Luxury in China 8. Of Public Continency 9. Of the Condition or State of Women in Different Governments 10. Of the Domestic Tribunal among the Romans 11. In What Manner the Institutions Changed at Rome, Together with the Government 12. Of the Guardianship of Women among the Romans 13. Of the Punishments Decreed by the Emperors against the Incontinence of Women 14. Sumptuary Laws among the Romans 15. Of Dowries and Nuptial Advantages in Different Constitutions 16. An Excellent Custom of the Samnites 17. Of Female Administration Book VIII. Of the Corruption of the Principles of the Three Governments 1. General Idea of This Book 2. Of the Corruption of the Principles of Democracy 3. Of the Spirit of Extreme Equality 4. Particular Cause of the Corruption of the People 5. Of the Corruption of the Principle of Aristocracy 6. Of the Corruption of the Principle of Monarchy 7. The Same Subject Continued 8. Danger of the Corruption of the Principle of Monarchical Government 9. How Ready the Nobility Are to Defend the Throne 10. Of the Corruption of the Principle of Despotic Government 11. Natural Effects of the Goodness and Corruption of the Principles of Government 12. The Same Subject Continued 13. The Effect of an Oath among Virtuous People 14. How the Smallest Change of the Constitution Is Attended with the Ruin of its Principles 15. Sure Methods of Preserving the Three Principles 16. Distinctive Properties of a Republic 17. Distinctive Properties of a Monarchy 18. Particular Case of the Spanish Monarchy 19. Distinctive Properties of a Despotic Government 20. Consequence of the Preceding Chapters 21. Of the Empire of China Book IX. Of Laws in the Relation They Bear to a Defensive Force 1. In What Manner Republics Provide for Their Safety 2. That a Confederate Government Ought to Be Composed of States of the Same Nature, Especially of the Republican Kind 3. Other Requisites in a Confederate Republic 4. In What Manner Despotic Governments Provide for their Security 5. In What Manner a Monarchical Government Provides for Its Security 6. Of the Defensive Force of States in General 7. A Reflection 8. A Particular Case in Which the Defensive Force of a State Is Inferior to the Offensive 9. Of the Relative Force of States 10. Of the Weakness of Neighbouring States Book X. Of Laws in the Relation They Bear to Offensive Force 1. Of Offensive Force 2. Of War 3. Of the Right of Conquest 4. Some Advantages of a Conquered People 5. Gelon, King of Syracuse 6. Of Conquest Made by a Republic 7. The Same Subject Continued 8. The Same Subject Continued 9. Of Conquests Made by a Monarchy 10. Of One Monarchy That Subdues Another 11. Of the Manners of a Conquered People 12. Of a Law of Cyrus 13. Charles XII 14. Alexander 15. New Methods of Preserving a Conquest 16. Of Conquests Made by a Despotic Prince 17. The Same Subject Continued Book XI. Of the Laws Which Establish Political Liberty, with Regard to the Constitution 1. A General Idea 2. Different Significations of the Word Liberty 3. In What Liberty Consists 4. The Same Subject Continued 5. Of the End or View of Different Governments 6. Of the Constitution of England 7. Of the Monarchies We Are Acquainted With 8. Why the Ancients Had Not a Clear Idea of Monarchy 9. Aristotle's Manner of Thinking 10. What Other Politicians Thought 11. Of the Kings of the Heroic Times of Greece 12. Of the Government of the Kings of Rome, and in What Manner the Three Powers Were There Distributed 13. General Reflections on the State of Rome after the Expulsion of its Kings 14. In What Manner the Distribution of the Three Powers Began to Change after the Expulsion of the Kings 15. In What Manner Rome, in the Flourishing State of That Republic, Suddenly Lost its Liberty 16. Of the Legislative Power in the Roman Republic 17. Of the Executive Power in the Same Republic 18. Of the Judiciary Power in the Roman Government 19. Of the Government of the Roman Provinces 20. The End of This Book Book XII. Of the Laws That Form Political Liberty, in Relation to the Subject 1. Idea of This Book 2. Of the Liberty of the Subject 3. The Same Subject Continued 4. That Liberty is Favoured by the Nature and Proportion of Punishments 5. Of Certain Accusations That Require Particular Moderation and Prudence 6. Of the Crime against Nature 7. Of the Crime of High Treason 8. Of the Misapplication of the Terms Sacrilege and High Treason 9. The Same Subject Continued 10. The Same Subject Continued 11. Of Thoughts 12. Of Indiscreet Speeches 13. Of Writings 14. Breach of Modesty in Punishing Crimes 15. Of the Enfranchisement of Slaves in Order to Accuse Their Master 16. Of Calumny with Regard to the Crime of High Treason 17. Of the Revealing of Conspiracies 18. How Dangerous It Is in Republics to Be Too Severe in Punishing the Crime of High Treason 19. In What Manner the Use of Liberty Is Suspended in a Republic 20. Of Laws Favourable to the Liberty of the Subject in a Republic 21. Of the Cruelty of Laws in Respect to Debtors in a Republic 22. Of Things That Strike at Liberty in Monarchies 23. Of Spies in Monarchies 24. Of Anonymous Letters 25. Of the Manner of Governing in Monarchies 26. That in a Monarchy the Prince Ought to Be of Easy Access 27. Of the Manners of a Monarch 28. Of the Regard Which Monarchs Owe to Their Subjects 29. Of the Civil Laws Proper for Mixing Some Portion of Liberty in a Despotic Government 30. The Same Subject Continued Book XIII. Of the Relation Which the Levying of Taxes and the Greatness of the Public Revenues Bear to Liberty 1. Of the Public Revenues 2. That It Is Bad Reasoning to Say That the Greatness of Taxes Is Good in its Own Nature 3. Of Taxes in Countries Where Part of the People Are Villains or Bondmen 4. Of a Republic in the Like Case 5. Of a Monarchy in the Like Case 6. Of a Despotic Government in the Like Case 7. Of Taxes in Countries where Villainage is Not Established 8. In What Manner the Deception Is Preserved 9. Of a Bad Kind of Impost 10. That the Greatness of Taxes Depends on the Nature of the Government 11. Of Confiscations 12. Relation between the Weight of Taxes and Liberty 13. In What Government Taxes Are Capable of Increase 14. That the Nature of the Taxes Is in Relation to the Government 15. Abuse of Liberty 16. Of the Conquests of the Mahometans 17. Of the Augmentation of Troops 18. Of an Exemption from Taxes 19. Which Is More Suitable to the Prince and to the People, the Farming the Revenues, or Managing Them by Commission? 20. Of the Farmers of the Revenues Book XIV. Of Laws in Relation to the Nature of the Climate 1. General Idea 2. Of the Difference of Men in Different Climates 3. Contradiction in the Tempers of Some Southern Nations 4. Cause of the Immutability of Religion, Manners, Customs, and Laws, in the Eastern Countries 5. That Those Are Bad Legislators Who Favour the Vices of the Climate, and Good Legislators Who Oppose Those Vices 6. Of Agriculture in Warm Climates 7. Of Monkery 8. An Excellent Custom of China 9. Means of Encouraging Industry 10. Of the Laws in Relation to the Sobriety of the People 11. Of the Laws in Relation to the Distempers of the Climate 12. Of the Laws against Suicides 13. Effects Arising from the Climate of England 14. Other Effects of the Climate 15. Of the Different Confidence Which the Laws Have in the People, According to the Difference of Climates Book XV. In What Manner the Laws of Civil Slavery Relate to the Nature of the Climate 1. Of Civil Slavery 2. Origin of the Right of Slavery among the Roman Civilians 3. Another Origin of the Right of Slavery 4. Another Origin of the Right of Slavery 5. Of the Slavery of the Negroes 6. The True Origin of the Right of Slavery 7. Another Origin of the Right of Slavery 8. Inutility of Slavery among Us 9. Several Kinds of Slavery 10. Regulations Necessary in Respect to Slavery 11. Abuses of Slavery 12. Danger from the Multitude of Slaves 13. Of Armed Slaves 14. The Same Subject Continued 15. Precautions to Be Used in Moderate Governments 16. Regulations between Masters and Slaves 17. Of Enfranchisements 18. Of Freedmen and Eunuchs Book XVI. How the Laws of Domestic Slavery Bear a Relation to the Nature of the Climate 1. Of Domestic Servitude 2. That in the Countries of the South There Is a Natural Inequality between the Two Sexes 3. That a Plurality of Wives Greatly Depends on the Means of Supporting Them 4. That the Law of Polygamy Is an Affair That Depends on Calculation 5. The Reason of a Law of Malabar 6. Of Polygamy Considered in Itself 7. Of an Equality of Treatment in Case of Many Wives 8. Of the Separation of Women from Men 9. Of the Connection between Domestic and Political Government 10. The Principle on Which the Morals of the East Are Founded 11. Of Domestic Slavery Independently of Polygamy 12. Of Natural Modesty 13. Of Jealousy 14. Of the Eastern Manner of Domestic Government 15. Of Divorce and Repudiation 16. Of Repudiation and Divorce among the Romans Book XVII. How the Laws of Political Servitude Bear a Relation to the Nature of the Climate 1. Of Political Servitude 2. The Difference between Nations in Point of Courage 3. Of the Climate of Asia 4. The Consequences Resulting from This 5. That When the People in the North of Asia and Those of the North of Europe Made Conquests, the Effects of the Conquests Were Not the Same 6. A new Physical Cause of the Slavery of Asia, and of the Liberty of Europe 7. Of Africa and America 8. Of the Capital of the Empire Book XVIII. Of Laws in the Relation They Bear to the Nature of the Soil 1. How the Nature of the Soil Has an Influence on the Laws 2. The Same Subject Continued 3. What Countries Are Best Cultivated 4. New Effects of the Fertility and Barrenness of Countries 5. Of the Inhabitants of Islands 6. Of Countries Raised by the Industry of Man 7. Of Human Industry 8. The General Relation of Laws 9. Of the Soil of America 10. Of Population in the Relation It Bears to the Manners of Procuring Subsistence 11. Of Savage and Barbarous Nations 12. Of the Law of Nations among People Who Do Not Cultivate the Earth 13. Of the Civil Laws of Those Nations Who Do Not Cultivate the Earth 14. Of the Political State of the People Who Do Not Cultivate the Land 15. Of People Who Know the Use of Money 16. Of Civil Laws among People Who Know Not the Use of Money 17. Of Political Laws among Nations Who Have Not the Use of Money 18. Of the Power of Superstition 19. Of the Liberty of the Arabs and the Servitude of the Tartars 20. Of the Law of Nations as Practised by the Tartars 21. The Civil Law of the Tartars 22. Of a Civil Law of the German Nations 23. Of the Regal Ornaments among the Franks 24. Of the Marriages of the Kings of the Franks 25. Childeric 26. Of the Time When the Kings of the Franks Became of Age 27. The Same Subject Continued 28. Of Adoption among the Germans 29. Of the Sanguinary Temper of the Kings of the Franks 30. Of the National Assemblies of the Franks 31. Of the Authority of the Clergy under the First Race Book XIX. Of Laws in Relation to the Principles Which Form the General Spirit, Morals, and Customs of a Nation 1. Of the Subject of This Book 2. That It Is Necessary People's Minds Should Be Prepared for the Reception of the Best Laws 3. Of Tyranny 4. Of the General Spirit of Mankind 5. How Far We Should Be Attentive Lest the General Spirit of a Nation Be Changed 6. That Everything Ought Not to Be Corrected 7. Of the Athenians and Lacedĉmonians 8. Effects of a Sociable Temper 9. Of the Vanity and Pride of Nations 10. Of the Character of the Spaniards and Chinese 11. A Reflection 12. Of Customs and Manners in a Despotic State 13. Of the Behaviour of the Chinese 14. What Are the Natural Means of Changing the Manners and Customs of a Nation 15. The Influence of Domestic Government on the Political 16. How some Legislators Have Confounded the Principles Which Govern Mankind 17. Of the Peculiar Quality of the Chinese Government 18. A Consequence Drawn from the Preceding Chapter 19. How This Union of Religion, Laws, Manners, and Customs among the Chinese Was Effected 20. Explanation of a Paradox Relating to the Chinese 21. How the Laws Ought to Have a Relation to Manners and Customs 22. The Same Subject Continued 23. How the Laws Are Founded on the Manners of a People 24. The Same Subject Continued 25. The Same Subject Continued 26. The Same Subject Continued 27. How the Laws Contribute to Form the Manners, Customs, and Character of a Nation Book XX. Of Laws in Relation to Commerce, Considered in its Nature and Distinctions 1. Of Commerce 2. Of the Spirit of Commerce 3. Of the Poverty of the People 4. Of Commerce in Different Governments 5. Of Nations That Have Entered into an Economical Commerce 6. Some Effects of an Extensive Navigation 7. The Spirit of England with Respect to Commerce 8. In What Manner Economical Commerce Has Been Sometimes Restrained 9. Of the Prohibition of Commerce 10. An Institution Adapted to Economical Commerce 11. The Same Subject Continued 12. Of the Freedom of Commerce 13. What It Is That Destroys This Liberty 14. The Laws of Commerce Concerning the Confiscation of Merchandise 15. Of Seizing the Persons of Merchants 16. An Excellent Law 17. A Law of Rhodes 18. Of the Judges of Commerce 19. That a Prince Ought Not to Engage Himself in Commerce 20. The Same Subject Continued 21. Of the Commerce of the Nobility in a Monarchy 22. A Singular Reflection 23. To What Nations Commerce Is Prejudicial Book XXI. Of Laws in Relation to Commerce, Considered in the Revolutions It Has Met With in the World 1. Some General Considerations 2. Of the People of Africa 3. That the Wants of the People in the South Are Different from those of the North 4. The Principal Difference between the Commerce of the Ancients and the Moderns 5. Other Differences 6. Of the Commerce of the Ancients 7. Of the Commerce of the Greeks 8. Of Alexander: His Conquests 9. Of the Commerce of the Grecian Kings after the Death of Alexander 10. Of the Circuit of Africa 11. Of Carthage and Marseilles 12. The Isle of Delos. Mithridates 13. Of the Genius of the Romans as to Maritime Affairs 14. Of the Genius of the Romans with Respect to Commerce 15. Of the Commerce of the Romans with the Barbarians 16. Of the Commerce of the Romans with Arabia, and the Indies 17. Of Commerce after the Destruction of the Western Empire 18. A Particular Regulation 19. Of Commerce after the Decay of the Roman Power in the East 20. How Commerce Broke Through the Barbarism of Europe 21. The Discovery of Two New Worlds, and in What Manner Europe Is Affected by It 22. Of the Riches Which Spain Drew from America 23. A Problem Book XXII. Of Laws in Relation to the Use of Money 1. The Reason of the Use of Money 2. Of the Nature of Money 3. Of Ideal Money 4. Of the Quantity of Gold and Silver 5. The Same Subject Continued 6. Why Interest Was Lowered One Half after the Conquest of the Indies 7. How the Price of Things Is Fixed in the Variation of the Sign of Riches 8. The Same Subject Continued 9. Of the Relative Scarcity of Gold and Silver 10. Of Exchange 11. Of the Proceedings of the Romans with Respect to Money 12. The Circumstances in Which the Romans Changed the Value of Their Specie 13. Proceedings with Respect to Money in the Time of the Emperors 14. How Exchange Is a Constraint on Despotic Power 15. The Practice of Some Countries in Italy 16. The Assistance a State May Derive from Bankers 17. Of Public Debts 18. Of the Payment of Public Debts 19. Of Lending upon Interest 20. Of Maritime Usury 21. Of Lending by Contract, and the State of Usury among the Romans 22. The Same Subject Continued Book XXIII. Of Laws in the Relation They Bear to the Number of Inhabitants 1. Of Men and Animals with Respect to the Multiplication of Their Species 2. Of Marriage 3. Of the Condition of Children 4. Of Families 5. Of the Several Orders of Lawful Wives 6. Of Bastards in Different Governments 7. Of the Father's Consent to Marriage 8. The Same Subject Continued 9. Of Young Women 10. What It Is That Determines Marriage 11. Of the Severity of Government 12. Of the Number of Males and Females in Different Countries 13. Of Seaport Towns 14. Of the Productions of the Earth Which Require a Greater or Less Number of Men 15. Of the Number of Inhabitants with Relation to the Arts 16. The Concern of the Legislator in the Propagation of the Species 17. Of Greece, and the Number of its Inhabitants 18. Of the State and Number of People before the Romans 19. Of the Depopulation of the Globe 20. That the Romans Were under the Necessity of Making Laws to Encourage the Propagation of the Species 21. Of the Laws of the Romans Relating to the Propagation of the Species 22. Of the Exposing of Children 23. Of the State of the World after the Destruction of the Romans 24. The Changes Which Happened in Europe, with Regard to the Number of the Inhabitants 25. The Same Subject Continued 26. Consequences 27. Of the Law Made in France to Encourage the Propagation of the Species 28. By What Means We May Remedy a Depopulation 29. Of Hospitals Book XXIV. Of Laws in Relation to Religion, Considered in Itself, and in Its Doctrine 1. Of Religion in General 2. A Paradox of M. Bayle's 3. That a Moderate Government Is Most Agreeable to the Christian Religion, and a Despotic Government to the Mahometan 4. Consequences from the Character of the Christian Religion and That of the Mahometan 5. That the Catholic Religion Is Most Agreeable to a Monarchy, and the Protestant to a Republic 6. Another of M. Bayle's Paradoxes 7. Of the Laws of Perfection in Religion 8. Of the Connection between the Moral Laws and Those of Religion 9. Of the Essenes 10. Of the Sect of Stoics 11. Of Contemplation 12. Of Penances 13. Of Inexpiable Crimes 14. In What Manner Religion Has an Influence on Civil Laws 15. How False Religions Are Sometimes Corrected by the Civil Laws 16. How the Laws of Religion Correct the Inconveniences of a Political Constitution 17. The Same Subject Continued 18. How the Laws of Religion Have the Effect of Civil Laws 19. That It Is Not So Much the Truth or Falsity of a Doctrine Which Renders It Useful or Pernicious to Men in Civil Government, as the Use or Abuse of It 20. The Same Subject Continued 21. Of Metempsychosis 22. That It Is Dangerous for Religion to Inspire an Aversion for Things in Themselves Indifferent 23. Of Festivals 24. Of the Local Laws of Religion 25. The Inconvenience of Transplanting a Religion from One Country to Another 26. The Same Subject Continued Book XXV. Of Laws in Relation to the Establishment of Religion and its External Polity 1. Of Religious Sentiments 2. Of the Motives of Attachment to Different Religions 3. Of Temples 4. Of the Ministers of Religion 5. Of the Bounds Which the Laws Ought to Prescribe to the Riches of the Clergy 6. Of Monasteries 7. Of the Luxury of Superstition 8. Of the Pontificate 9. Of Toleration in Point of Religion 10. The Same Subject Continued 11. Of Changing a Religion 12. Of Penal Laws 13. A Most Humble Remonstrance to the Inquisitors of Spain and Portugal 14. Why the Christian Religion Is So Odious in Japan 15. Of the Propagation of Religion Book XXVI. Of Laws in Relation to the Order of Things Which They Determine 1. Idea of This Book 2. Of Laws Divine and Human 3. Of Civil Laws Contrary to the Law of Nature 4. The Same Subject Continued 5. Cases in Which We May Judge by the Principles of the Civil Law, in Limiting the Principles of the Law of Nature 6. That the Order of Succession or Inheritance Depends on the Principles of Political or Civil Law, and Not on Those of the Law of Nature 7. That We Ought Not to Decide by the Precepts of Religion What Belongs Only to the Law of Nature 8. That We Ought Not to Regulate by the Principles of the Canon Law Things Which Should Be Regulated by Those of the Civil Law 9. That Things Which Ought to Be Regulated by the Principles of Civil Law Can Seldom Be Regulated by Those of Religion. 10. In What Case We Ought to Follow the Civil Law Which Permits, and Not the Law of Religion Which Forbids 11. That Human Courts of Justice Should Not Be Regulated by the Maxims of Those Tribunals Which Relate to the Other Life 12. The Same Subject Continued 13. In What Cases, with Regard to Marriage, We Ought to Follow the Laws of Religion; and in What Cases We Should Follow the Civil Laws 14. In What Instances Marriages between Relatives Should Be Regulated by the Laws of Nature; and in What Instances by the Civil Laws 15. That We Should Not Regulate by the Principles of Political Law Those Things Which Depend on the Principles of Civil Law 16. That We Ought Not to Decide by the Rules of the Civil Law, When It Is Proper to Decide by Those of the Political Law 17. The Same Subject Continued 18. That It Is Necessary to Inquire Whether the Laws Which Seem Contradictory Are of the Same Class 19. That We Should Not Decide Those Things by the Civil Law Which Ought to Be Decided by Domestic Laws 20. That We Ought Not to Decide by the Principles of the Civil Laws Those Things Which Belong to the Law of Nations 21. That We Should Not Decide by Political Laws Things Which Belong to the Law of Nations 22. The Unhappy State of the Inca Athualpa 23. That When, by Some Circumstance, the Political Law Becomes Destructive to the State, We Ought to Decide by Such a Political Law, as Will Preserve It, Which Sometimes Becomes a Law of Nations 24. That the Regulations of the Police Are of a Different Class from Other Civil Laws 25. That We Should Not Follow the General Disposition of the Civil Law in Things Which Ought to Be Subject to Particular Rules Drawn from Their Own Nature Book XXVII. 1. Of the Origin and Revolutions of the Roman Laws on Successions Book XXVIII. Of the Origin and Revolutions of the Civil Laws among the French 1. Different Character of the Laws of the Several People of Germany 2. That the Laws of the Barbarians Were All Personal 3. Capital Difference between the Salic Laws, and Those of the Visigoths and Burgundians 4. In What Manner the Roman Law Came to Be Lost in the Country Subject to the Franks, and Preserved in That Subject to the Goths and Burgundians 5. The Same Subject Continued 6. How the Roman Law Kept its Ground in the Demesne of the Lombards 7. How the Roman Law Came to Be Lost in Spain 8. A False Capitulary 9. In What Manner the Codes of Barbarian Laws, and the Capitularies Came to Be Lost 10. The Same Subject Continued 11. Other Causes of the Disuse of the Codes of Barbarian Laws, as well as of the Roman Law, and of the Capitularies 12. Of Local Customs. Revolution of the Laws of Barbarous Nations, as well as of the Roman Law 13. Difference between the Salic Law, or That of the Salian Franks, and That of the Ripuarian Franks, and other Barbarous Nations 14. Another Difference 15. A Reflection 16. Of the Ordeal or Trial by Boiling Water, Established by the Salic Law 17. Particular Notions of Our Ancestors 18. In What Manner the Custom of Judicial Combats Gained Ground 19. A New Reason of the Disuse of the Salic and Roman Laws, as Also of the Capitularies 20. Origin of the Point of Honour 21. A new Reflection on the Point of Honour among the Germans 22. Of the Manners in Relation to Judicial Combats 23. Of the Code of Laws on Judicial Combats 24. Rules Established in the Judicial Combat 25. Of the Bounds Prescribed to the Custom of Judicial Combats 26. On the Judiciary Combat between One of the Parties and One of the Witnesses 27. Of the Judicial Combat between One of the Parties and One of the Lords' Peers. Appeal of False Judgment 28. Of the Appeal of Default of Justice 29. Epoch of the Reign of St. Louis 30. Observation on Appeals 31. The Same Subject Continued 32. The Same Subject Continued 33. The Same Subject Continued 34. In What Manner the Proceedings at Law Became Secret 35. Of the Costs 36. Of the Public Prosecutor 37 In What Manner the Institutions of St. Louis Fell into Oblivion 38. The Same Subject Continued 39. The Same Subject Continued 40. In What Manner the Judiciary Forms Were Borrowed from the Decretals 41. Flux and Reflux of the Ecclesiastic and Temporal Jurisdiction 42. The Revival of the Roman Law, and the Result Thereof. Change of Tribunals 43. The Same Subject Continued 44 Of the Proof by Witnesses 45. Of the Customs of France Book XXIX. Of the Manner of Composing Laws 1. Of the Spirit of a Legislator 2. The Same Subject Continued 3. That the Laws Which Seem to Deviate from the Views of the Legislator Are Frequently Agreeable to Them 4. Of the Laws Contrary to the Views of the Legislator 5. The Same Subject Continued 6. The Laws Which Appear the Same Have Not Always the Same Effect 7. The Same Subject Continued. Necessity of Composing Laws in a Proper Manner 8. That Laws Which Appear the Same Were Not Always Made through the Same Motive 9. That the Greek and Roman Laws Punished Suicide, but Not through the Same Motive 10. That Laws Which Seem Contrary Proceed Sometimes from the Same Spirit 11. How to Compare Two Different Systems of Laws 12. That Laws Which Appear the Same Are Sometimes Really Different 13. That We Must Not Separate Laws from the End for Which They Were Made: of the Roman Laws on Theft 14. That We Must Not Separate the Laws from the Circumstances in Which They Were Made 15. That Sometimes It Is Proper the Law Should Amend Itself 16. Things to Be Observed in the Composing of Laws 17. A bad Method of Giving Laws 18. Of the Ideas of Uniformity 19. Of Legislators Book XXX. Theory of the Feudal Laws among the Franks in the Relation They Bear to the Establishment of the Monarchy 1. Of Feudal Laws 2. Of the Source of Feudal Laws 3. The Origin of Vassalage 4. The Same Subject Continued 5. Of the Conquests of the Franks 6. Of the Goths, Burgundians, and Franks 7. Different Ways of Dividing the Land 8. The Same Subject Continued 9. A Just Application of the Law of the Burgundians, and of That of the Visigoths, in Relation to the Division of Lands 10. Of Servitudes 11. The Same Subject Continued 12. That the Lands Belonging to the Division of the Barbarians Paid No Taxes 13. Of Taxes Paid by the Romans and Gauls, in the Monarchy of the Franks 14. Of What They Called Census 15. That What They Called Census Was Raised Only on the Bondmen and Not on the Freemen 16. Of the Feudal Lords or Vassals 17. Of the Military Service of Freemen 18. Of the Double Service 19. Of Compositions among the Barbarous Nations 20. Of What Was Afterwards Called the Jurisdiction of the Lords 21. Of the Territorial Jurisdiction of the Churches 22. That the Jurisdictions Were Established before the End of the Second Race 23. General Idea of the Abbé Du Bos' Book on the Establishment of the French Monarchy in Gaul 24. The Same Subject Continued. Reflection on the Main Part of the System 25. Of the French Nobility Book XXXI. Theory of the Feudal Laws among the Franks, in the Relation They Bear to the Revolutions of their Monarchy 1. Changes in the Offices and in the Fiefs. Of the Mayors of the Palace 2. How the Civil Government Was Reformed 3. Authority of the Mayors of the Palace 4. Of the Genius of the Nation in Regard to the Mayors 5. In What Manner the Mayors Obtained the Command of the Armies 6. Second Epoch of the Humiliation of Our Kings of the First Race 7. Of the Great Offices and Fiefs under the Mayors of the Palace 8. In What Manner the Allodial Estates Were Changed into Fiefs 9. How the Church Lands Were Converted into Fiefs 10. Riches of the Clergy 11. State of Europe at the Time of Charles Martel 12. Establishment of the Tithes 13. Of the Election of Bishops and Abbots 14. Of the Fiefs of Charles Martel 15. The Same Subject Continued 16. Confusion of the Royalty and Mayoralty. The Second Race 17. A Particular Circumstance in the Election of the Kings of the Second Race 18. Charlemagne 19. The Same Subject Continued 20. Louis the Debonnaire 21. The Same Subject Continued 22. The Same Subject Continued 23. The Same Subject Continued 24. That the Freemen Were Rendered Capable of Holding Fiefs 25. The Principal Cause of the Humiliation of the Second Race. Changes in the Allodia 26. Changes in the Fiefs 27. Another change Which Happened in the Fiefs 28. Changes Which Happened in the Great Offices and in the Fiefs 29. Of the Nature of the Fiefs after the Reign of Charles the Bald 30. The Same Subject Continued 31. In What Manner the Empire Was Transferred from the Family of Charlemagne 32. In What Manner the Crown of France Was Transferred to the House of Hugh Capet 33. Some Consequences of the Perpetuity of Fiefs 34. The Same Subject Continued