The Spirit of the Laws (Annotated)

Enriched Edition. Enlightenment Reflections on Law, Liberty, Separation of Powers, and Constitutional GovernmentBy Charles de Secondat, Baron de Montesquieu

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The Spirit of the Laws is a monumental work of political and legal philosophy, remarkable for the breadth with which it surveys government, jurisprudence, commerce, climate, religion, and social custom. Combining historical inquiry, comparative analysis, satire, and systematic argument, it moves across republics, monarchies, despotisms, and mixed constitutions to ask how laws arise from—and shape—the character of peoples. Its celebrated reflections on the separation of powers stand among its most influential passages. Montesquieu, a leading figure of the French Enlightenment, brought to this work the sensibilities of a jurist, historian, moralist, and cosmopolitan observer. Written in dialogue with classical antiquity, early modern constitutionalism, and emerging social science, the treatise helped redefine political thought by treating institutions as products of circumstance rather than abstract prescription. Its varied examples and comparative method illuminate the intellectual currents that fed modern liberalism, constitutional government, and sociological inquiry. Readers should approach this volume as an expansive archive of Enlightenment reflection on law, liberty, and political order. It offers a rare opportunity to encounter multiple modes of analysis within a single work: empirical observation, philosophical speculation, historical narration, and institutional critique. For students and general readers alike, it remains invaluable for the dialogue it opens between past societies and enduring questions of power, justice, and civic freedom. This enriched edition has been carefully crafted to add value to your reading experience. - A succinct Introduction situates the work's timeless appeal and themes. - The Synopsis outlines the central plot, highlighting key developments without spoiling critical twists. - A detailed Historical Context immerses you in the era's events and influences that shaped the writing. - An Author Biography reveals milestones in the author's life, illuminating the personal insights behind the text. - A thorough Analysis dissects symbols, motifs, and character arcs to unearth underlying meanings. - Reflection questions prompt you to engage personally with the work's messages, connecting them to modern life. - Hand‐picked Memorable Quotes shine a spotlight on moments of literary brilliance. - Interactive footnotes clarify unusual references, historical allusions, and archaic phrases for an effortless, more informed read.

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GenrePolitics and Government, Literary Classics

Length31 hrs 51 mins

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1Introduction

324CHAP. IX.: Of the Vanity and Pride of Nations.

2Introduction

325CHAP. X.: Of the Character of the Spaniards and Chinese.

3Synopsis

326CHAP. XI.: A Reflection.

4Historical Context

327CHAP. XII.: Of Custom and Manners in a despotic State.

5Author Biography

328CHAP. XIII.: Of the Behaviour of the Chinese.

Show all chapters

6Preface.

329CHAP. XIV.: What are the natural Means of changing the Manners and Customs of a Nation.

7Book I.: Of Laws in General.

330CHAP. XV.: The Influence of domestic Government on the political.

8CHAP. I.: Of the Relation of Laws to different Beings.

331CHAP. XVI.: How some Legislators have confounded the Principles which govern Mankind.

9CHAP. II.: Of the Laws of Nature.

332CHAP. XVII.: Of the peculiar Quality of the Chinese Government.

10CHAP. III.: Of positive Laws.

333CHAP. XVIII.: A Consequence drawn from the preceding Chapter.

11Book II.: Of Laws Directly Derived From the Nature of Government.

334CHAP. XIX.: How this Union of Religion, Laws, Manners, and Customs, among the Chinese, was effected.

12CHAP. I.: Of the Nature of three different Governments.

335CHAP. XX.: Explication of a Paradox relating to the Chinese.

13CHAP. II.: Of the republican Government, and the Laws relative to Democracy.

336CHAP. XXI.: How the Laws ought to have a Relation to Manners and Customs.

14CHAP. III.: Of the Laws relative to the Nature of Aristocracy.

337CHAP. XXII.: The same Subject continued.

15CHAP. IV.: Of the Relation of Laws to the Nature of monarchical Government.

338CHAP. XXIII.: How the Laws are founded on the Manners of a People.

16CHAP. V.: Of the Laws relative to the Nature of a despotic Government.

339CHAP. XXIV.: The same Subject continued.

17Book III.: Of the Principles of the Three Kinds of Government.

340CHAP. XXV.: The same Subject continued.

18CHAP. I.: Difference between the Nature and Principle of Government.

341CHAP. XXVI.: The same Subject continued.

19CHAP. II.: Of the Principle of different Governments.

342CHAP. XXVII.: How the Laws contribute to form the Manners, Customs, and Character, of a Nation.

20CHAP. III.: Of the Principle of Democracy.

343Book XX.: Of Laws in Relation to Commerce, Considered in its Nature and Distinctions.

21CHAP. IV.: Of the Principle of Aristocracy.

344CHAP. I.: Of Commerce.

22CHAP. V.: That Virtue is not the Principle of a monarchical Government.

345CHAP. II.: Of the Spirit of Commerce.

23CHAP. VI.: In what Manner Virtue is supplied in a monarchical Government.

346CHAP. III.: Of the Poverty of the People.

24CHAP. VII.: Of the Principle of Monarchy.

347CHAP. IV.: Of Commerce in different Governments.

25CHAP. VIII.: That Honour is not the Principle of despotic Government.

348CHAP. V.: Of Nations that have entered into an œconomical Commerce.

26CHAP. IX.: Of the Principle of despotic Government.

349CHAP. VI.: Some Effects of an extensive Navigation.

27CHAP. X.: Difference of Obedience in moderate and despotic Governments.

350CHAP. VII.: The Spirit of England, with respect to Commerce.

28CHAP. XI.: Reflections on the preceding Chapters.

351CHAP. VIII.: In what manner the œconomical Commerce has been sometimes restrained.

29Book IV.: That the Laws of Education Ought to be Relative to the Principles of Government.

352CHAP. IX.: Of the Prohibition of Commerce.

30CHAP. I.: Of the Laws of Education.

353CHAP. X.: An Institution adapted to œconomical Commerce.

31CHAP. II.: Of Education in Monarchies.

354CHAP. XI.: The same Subject continued.

32CHAP. III.: Of Education in a despotic Government.

355CHAP. XII.: Of the Freedom of Commerce.

33CHAP. IV.: Difference between the Effects of ancient and modern Education.

356CHAP. XIII.: What it is that destroys this Liberty.

34CHAP. V.: Of Education in a republican Government.

357CHAP. XIV.: The Laws of Commerce concerning the Confiscation of Merchandises.

35CHAP. VI.: Of some Institutions among the Greeks.

358CHAP. XV.: Of seizing the Persons of Merchants.

36CHAP. VII.: In what Case these singular Institutions may be of Service.

359CHAP. XVI.: An excellent Law.

37CHAP. VIII.: Explication of a Paradox of the Ancients, in Respect to Manners.

360CHAP. XVII.: A Law of Rhodes.

38Book V.: That the Laws, Given By the Legislator, Ought to be Relative to the Principle of Government.

361CHAP. XVIII.: Of the Judges of Commerce.

39CHAP. I.: Idea of this Book.

362CHAP. XIX.: That a Prince ought not to engage himself in Commerce.

40CHAP. II.: What is meant by Virtue in a political State.

363CHAP. XX.: The same Subject continued.

41CHAP. III.: What is meant by a Love of the Republic, in a Democracy.

364CHAP. XXI.: Of the Commerce of the Nobility in a Monarchy.

42CHAP. IV.: In what Manner the Love of Equality and Frugality is inspired.

365CHAP. XXII.: A singular Reflection.

43CHAP. V.: In what Manner the Laws establish Equality in a Democracy.

366CHAP. XXIII.: To what Nations Commerce is prejudicial.

44CHAP. VI.: In what Manner the Laws ought to maintain Frugality in a Democracy.

367Book XXI.: Of Laws Relative To Commerce, Considered In The Revolutions It Has Met With In The World.

45CHAP. VII.: Other Methods of favouring the Principle of Democracy.

368CHAP. I.: Some general Considerations.

46CHAP. VIII.: In what Manner the Laws ought to be relative to the Principle of Government in an Aristocracy.

369CHAP. II.: Of the People of Africa.

47CHAP. IX.: In what Manner the Laws are relative to their Principle in Monarchies.

370CHAP. III.: That the wants of the People in the South are different from those of the North.

48CHAP. X.: Of the Expedition peculiar to the executive Power in Monarchies.

371CHAP. IV.: The principal Difference between the Commerce of the Ancients and the Moderns.

49CHAP. XI.: Of the Excellence of a monarchical government.

372CHAP. V.: Other Differences.

50CHAP. XII.: The same Subject continued.

373CHAP. VI.: Of the Commerce of the Ancients.

51CHAP. XIII.: An Idea of despotic Power.

374CHAP. VII.: Of the Commerce of the Greeks.

52CHAP. XIV.: In what Manner the Laws are relative to the Principles of despotic Government.

375CHAP. VIII.: Of Alexander. His Conquest.

53CHAP. XV.: The same Subject continued.

376CHAP. IX.: Of the Commerce of the Grecian Kings after the Death of Alexander.

54CHAP. XVI.: Of the Communication of Power.

377CHAP. X.: Of the Circuit of Africa.

55CHAP. XVII.: Of Presents.

378CHAP. XI.: Of Carthage and Marseilles.

56CHAP. XVIII.: Of Rewards conferred by the Sovereign.

379CHAP. XII.: The Isle of Delos. Mithridates.

57CHAP. XIX.: New Consequences of the Principles of the three Governments.

380CHAP. XIII.: Of the Genius of the Romans as to Maritime Affairs.

58Book VI.: Consequences of the Principles of Different Governments With Respect to the Simplicity of Civil and Criminal Laws, the Form of Judgements, and the Inflicting of Punishments.

381CHAP. XIV.: Of the Genius of the Romans with Respect to Commerce.

59CHAP. I.: Of the Simplicity of civil Laws in different Governments.

382CHAP. XV.: Of the Commerce of the Romans with the Barbarians.

60CHAP. II.: Of the Simplicity of criminal Laws in different Governments.

383CHAP. XVI.: Of the Commerce of the Romans with Arabia, and the Indies.

61CHAP. III.: In what Governments, and in what Cases, the Judges ought to determine according to the express Letter of the Law.

384CHAP. XVII.: Of Commerce after the Destruction of the Western Empire.

62CHAP. IV.: Of the Manner of passing Judgement.

385CHAP. XVIII.: A particular Regulation.

63CHAP. V.: In what Governments the Sovereign may be Judge.

386CHAP. XIX.: Of Commerce after the Decay of the Roman Power in the East.

64CHAP. VI.: That, in Monarchies, Ministers ought not to sit as Judges.

387CHAP. XX.: How Commerce broke through the Barbarism of Europe.

65CHAP. VII.: Of a single Magistrate.

388CHAP. XXI.: The Discovery of two new Worlds, and in what Manner Europe is affected by it.

66CHAP. VIII.: Of Accusation in different Governments.

389CHAP. XXII.: Of the Riches which Spain drew from America.

67CHAP. IX.: Of the Severity of Punishments in different Governments.

390CHAP. XXIII.: A Problem.

68CHAP. X.: Of the ancient French Laws.

391Book XXII.: Of Laws in Relation to the Use of Money.

69CHAP. XI.: That, when People are virtuous, few Punishments are necessary.

392CHAP. I.: The Reason of the Use of Money.

70CHAP. XII.: Of the Power of Punishments.

393CHAP. II.: Of the Nature of Money.

71CHAP. XIII.: Insufficiency of the Laws of Japan.

394CHAP. III.: Of ideal Money.

72CHAP. XIV.: Of the Spirit of the Roman Senate.

395CHAP. IV.: Of the Quantity of Gold and Silver.

73CHAP. XV.: Of the Roman Laws in Respect to Punishments.

396CHAP. V.: The same Subject continued.

74CHAP. XVI.: Of the just Proportion betwixt Punishments and Crimes.

397CHAP. VI.: The Reason why Interest was lowered one half after the Conquest of the Indies.

75CHAP. XVII.: Of the Rack.

398CHAP. VII.: How the Price of Things is fixed in the Variation of the Sign of Riches.

76CHAP. XVIII.: Of pecuniary and corporal Punishments.

399CHAP. VIII.: The same Subject continued.

77CHAP. XIX.: Of the Law of Retaliation.

400CHAP. IX.: Of the relative Scarcity of Gold and Silver.

78CHAP. XX.: Of the Punishment of Fathers for the Crimes of their Children.

401CHAP. X.: Of Exchange.

79CHAP. XXI.: Of the Clemency of the Prince.

402CHAP. XI.: Of the Proceedings of the Romans with respect to Money.

80Book VII.: Consequences of the Different Principles of the Three Governments, with Respect Tto Sumptuary Laws, Luxury, and the Condition of Women.

403CHAP. XII.: The Circumstances in which the Romans changed the Value of their Specie.

81CHAP. I.: Of Luxury.

404CHAP. XIII.: Proceedings with respect to Money in the Time of the Emperors.

82CHAP. II.: Of sumptuary Laws in a Democracy.

405CHAP. XIV.: How the Exchange is a Constraint on despotic Power.

83CHAP. III.: Of sumptuary Laws in an Aristocracy.

406CHAP. XV.: The Practice of some Countries in Italy

84CHAP. IV.: Of sumptuary Laws in a Monarchy.

407CHAP. XVI.: The Assistance a State may derive from Bankers.

85CHAP. V.: In what Cases sumptuary Laws are useful in a Monarchy.

408CHAP. XVII.: Of public Debts.

86CHAP. VI.: Of the Luxury of China.

409CHAP. XVIII.: Of the Payment of public Debts.

87CHAP. VII.: Fatal Consequences of Luxury in China.

410CHAP. XIX.: Of lending upon Interest.

88CHAP. VIII.: Of public Continency.

411CHAP. XX.: Of maritime Usury.

89CHAP. IX.: Of the Condition or State of Women in different Governments.

412CHAP. XXI.: Of lending by Contract, and the State of Usury amongst the Romans.

90CHAP. X.: Of the domestic Tribunal among the Romans.

413CHAP. XXII.: The same Subject continued.

91CHAP. XI.: In what Manner the Institutions changed at Rome together with the Government.

414Book XXIII.: Of Laws in the Relation They Bear to the Number of Inhabitants.

92CHAP. XII.: Of the Guardianship of Women among the Romans.

415CHAP. I.: Of Men and Animals, with respect to Multiplication of their Species.

93CHAP. XIII.: Of the Punishments decreed by Emperors against the Incontinency of Women.

416CHAP. II.: Of Marriage.

94CHAP. XIV.: Sumptuary Laws among the Romans.

417CHAP. III.: Of the Condition of Children.

95CHAP. XV.: Of Dowries and nuptial Advantages in different Constitutions.

418CHAP. IV.: Of Families.

96CHAP. XVI.: An excellent Custom of the Samnites.

419CHAP. V.: Of the several Orders of lawful Wives.

97CHAP. XVII.: Of Female-Administration.

420CHAP. VI.: Of Bastards in different Governments.

98Book VIII.: Of the Corruption of the Principles of the Three Governments.

421CHAP. VII.: Of the Father’s Consent to Marriage.

99CHAP. I.: General Idea of this Book.

422CHAP. VIII.: The same Subject continued.

100CHAP. II.: Of the Corruption of the Principles of Democracy.

423CHAP. IX.: Of young Women.

101CHAP. III.: Of the Spirit of extreme Equality.

424CHAP. X.: What it is that determines to Marriage.

102CHAP. IV.: Particular Cause of the Corruption of the People.

425CHAP. XI.: Of the Severity of Government.

103CHAP. V.: Of the Corruption of the Principle of Aristocracy.

426CHAP. XII.: Of the Number of Males and Females in different Countries.

104CHAP. VI.: Of the Corruption of the Principle of Monarchy.

427CHAP. XIII.: Of Sea-port Towns.

105CHAP. VII.: The same Subject continued.

428CHAP. XIV.: Of the Productions of the Earth which require a greater or less Number of Men.

106CHAP. VIII.: Danger of the Corruption of the Principle of monarchical Government.

429CHAP. XV.: Of the Number of Inhabitants with relation to the Arts.

107CHAP. IX.: How ready the Nobility are to defend the Throne.

430CHAP. XVI.: The Concern of the Legislator in the Propagation of the Species.

108CHAP. X.: Of the Corruption of the Principle of despotic Government.

431CHAP. XVII.: Of Greece, and the Number of its Inhabitants.

109CHAP. XI.: Natural Effects of the Goodness and Corruption of the Principles of Government.

432CHAP. XVIII.: Of the State and Number of People before the Romans.

110CHAP. XII.: The same Subject continued.

433CHAP. XIX.: Of the Depopulation of the Globe.

111CHAP. XIII.: The Effect of an Oath among virtuous People.

434CHAP. XX.: That the Romans were under a Necessity of making Laws, to encourage the Propagation of the Species.

112CHAP. XIV.: How the smallest Change of the Constitution is attended with the Ruin of its Principles.

435CHAP. XXI.: Of the Laws of the Romans relating to the Propagation of the Species.

113CHAP. XV.: Sure Methods of preserving the three Principles.

436CHAP. XXII.: Of the Exposing of Children.

114CHAP. XVI.: Distinctive Properties of a Republic.

437CHAP. XXIII.: Of the State of the World after the Destruction of the Romans.

115CHAP. XVII.: Distinctive Properties of a Monarchy.

438CHAP. XXIV.: The Changes which happened in Europe, with regard to the Number of the Inhabitants.

116CHAP. XVIII.: Particular Case of the Spanish Monarchy.

439CHAP. XXV.: The same Subject continued.

117CHAP. XIX.: Distinctive Properties of a despotic Government.

440CHAP. XXVI.: Consequences.

118CHAP. XX.: Consequence of the preceding Chapters.

441CHAP. XXVII.: Of the Law made in France to encourage the Propagation of the Species.

119CHAP. XXI.: Of the Empire of China.

442CHAP. XXVIII.: By what Means we may remedy a Depopulation.

120Book IX.: Of Laws, in the Relation They Bear to a Defensive Force.

443CHAP. XXIX.: Of Hospitals.

121CHAP. I.: In what Manner Republics provide for their Safety.

444Book XXIV.: Of Laws as Relative to Religion, Considered in Itself, and in its Doctrines.

122CHAP. II.: That a confederate Government ought to be composed of States of the same Nature, especially of the republican Kind.

445CHAP. I.: Of Religion in general.

123CHAP. III.: Other Requisites in a confederate Republic.

446CHAP. II.: A Paradox of Mr. Bayle’s.

124CHAP. IV.: In what Manner despotic Governments provide for their Security.

447CHAP. III.: That a moderate Government is most agreeable to the Christian Religion, and a despotic Government to the Mahometan.

125CHAP. V.: In what Manner a monarchical Government provides for its Security.

448CHAP. IV.: Consequences from the Character of the Christian Religion, and that of the Mahometan.

126CHAP. VI.: Of the defensive Force of States in general.

449CHAP. V.: That the Catholic Religion is most agreeable to a Monarchy, and the Protestant to a Republic.

127CHAP. VII.: A Reflexion.

450CHAP. VI.: Another of Mr. Bayle’s Paradoxes.

128CHAP. VIII.: A particular Case, in which the defensive Force of a State is inferior to the offensive.

451CHAP. VII.: Of the Laws of Perfection in Religion.

129CHAP. IX.: Of the relative Force of States.

452CHAP. VIII.: Of the Connection between the moral Laws and those of Religion.

130CHAP. X.: Of the Weakness of neighbouring States.

453CHAP. IX.: Of the Essenes.

131Book X.: Of Laws, in the Relation They Bear to Offensive Force.

454CHAP. X.: Of the Sect of Stoics.

132CHAP. I.: Of offensive Force.

455CHAP. XI.: Of Contemplation.

133CHAP. II.: Of War.

456CHAP. XII.: Of Penances.

134CHAP. III.: Of the Right of Conquest.

457CHAP. XIII.: Of inexpiable Crimes.

135CHAP. IV.: Some Advantages of a conquered People.

458CHAP. XIV.: In what manner Religion has an Influence on civil Laws.

136CHAP. V.: Gelon, King of Syracuse.

459CHAP. XV.: How false Religious are sometimes corrected by the Civil Laws.

137CHAP. VI.: Of Conquests made by a Republic.

460CHAP. XVI.: How the Laws of Religion correct the Inconveniencies of a political Constitution.

138CHAP. VII.: The same Subject continued.

461CHAP. XVII.: The same Subject continued.

139CHAP. VIII.: The same Subject continued.

462CHAP. XVIII.: How the Laws of Religion have the Effect of Civil Laws.

140CHAP. IX.: Of Conquests made by a Monarchy.

463CHAP. XIX.: 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.

141CHAP. X.: Of one Monarchy that subdues another.

464CHAP. XX.: The same Subject continued.

142CHAP. XI.: Of the Manners of a conquered People.

465CHAP. XXI.: Of the Metempsychosis.

143CHAP. XII.: Of a Law of Cyrus.

466CHAP. XXII.: That it is dangerous for Religion to inspire an Aversion for Things in themselves indifferent.

144CHAP. XIII.: Charles XII.

467CHAP. XXIII.: Of Festivals.

145CHAP. XIV.: Alexander.

468CHAP. XXIV.: Of the local Laws of Religion.

146CHAP. XV.: New Methods of preserving a Conquest.

469CHAP. XXV.: The Inconveniency of transplanting a Religion from one Country to another.

147CHAP. XVI.: Of Conquests made by a despotic Prince.

470CHAP. XXVI.: The same Subject continued.

148CHAP. XVII.: The same Subject continued.

471Book XXV.: Of Laws as Relative to the Establishment of Religion and its External Polity.

149Book XI.: Of the Laws Which Establish Political Liberty, with Regard to the Constitution.

472CHAP. I.: Of religious Sentiments.

150CHAP. I.: A general Idea.

473CHAP. II.: Of the Motives of Attachment to different Religions.

151CHAP. II.: Different Significations of the Word, Liberty.

474CHAP. III.: Of Temples.

152CHAP. III.: In what Liberty consists.

475CHAP. IV.: Of the Ministers of Religion.

153CHAP. IV.: The same Subject continued.

476CHAP. V.: Of the Bounds which the Laws ought to prescribe to the Riches of the Clergy.

154CHAP. V.: Of the End or View of different Governments.

477CHAP. VI.: Of Monasteries.

155CHAP. VI.: Of the Constitution of England.

478CHAP. VII.: Of the Luxury of Superstition.

156CHAP. VII.: Of the Monarchies we are acquainted with.

479CHAP. VIII.: Of the Pontificate.

157CHAP. VIII.: Why the Ancients had not a clear Idea of Monarchy.

480CHAP. IX.: Of Toleration in point of Religion.

158CHAP. IX.: Aristotle’s Manner of thinking.

481CHAP. X.: The same Subject continued.

159CHAP. X.: What other Politicians thought.

482CHAP. XI.: Of changing a Religion.

160CHAP. XI.: Of the Kings of the heroic Times of Greece.

483CHAP. XII.: Of penal Laws.

161CHAP. XII.: Of the Government of the Kings of Rome, and in what Manner the three Powers were there distributed.

484CHAP. XIII.: A most humble Remonstrance to the Inquisitors of Spain and Portugal.

162CHAP. XIII.: General Reflections on the State of Rome after the Expulsion of its Kings.

485CHAP. XIV.: Why the Christian Religion is so odious in Japan.

163CHAP. XIV.: In what Manner the Distribution of the three Powers began to change, after the Expulsion of the Kings.

486CHAP. XV.: Of the Propagation of Religion.

164CHAP. XV.: In what Manner Rome, in the flourishing State of that Republic, suddenly lost its Liberty.

487Book XXVI.: Of Laws, as Relative to the Order of Things on Which They Determine.

165CHAP. XVI.: Of the legislative Power in the Roman Republic.

488CHAP. I.: Idea of this Book.

166CHAP. XVII.: Of the executive Power in the same Republic.

489CHAP II.: Of Laws divine and human.

167CHAP. XVIII.: Of the judiciary Power in the Roman Government.

490CHAP. III.: Of Civil Laws contrary to the Law of Nature.

168CHAP. XIX.: Of the Government of the Roman Provinces.

491CHAP. IV.: The same Subject continued.

169CHAP. XX.: The End of this Book.

492CHAP. V.: Cases in which we may judge by the Principles of the Civil Law, in limiting the Principles of the Law of Nature.

170Book XII.: Of the Laws that Form Political Liberty, as Relative to the Subject.

493CHAP. VI.: 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.

171CHAP. I.: Idea of this Book.

494CHAP. VII.: That we ought not to decide by the Precepts of Religion, what belongs only to the Law of Nature.

172CHAP. II.: Of the Liberty of the Subject.

495CHAP. VIII.: That we ought not to regulate by the Principles of the Canon Law, Things which should be regulated by those of the Civil Law.

173CHAP. III.: The same Subject continued.

496CHAP. IX.: That Things which ought to be regulated by the Principles of Civil Law, can seldom be regulated by those of Religion.

174CHAP. IV.: That Liberty is favoured by the Nature and Proportion of Punishments.

497CHAP. X.: In what Case we ought to follow the Civil Law which permits, and not the Law of Religion which forbids.

175CHAP. V.: Of certain Accusations that require particular Moderation and Prudence.

498CHAP. XI.: That human Courts of Justice should not be regulated by the Maxims of those Tribunals which relate to the other Life.

176CHAP. VI.: Of the Crime against Nature.

499CHAP. XII.: The same Subject continued.

177CHAP. VII.: Of the Crime of High-Treason.

500CHAP. XIII.: 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.

178CHAP. VIII.: Of the bad Application of the Name of Sacrilege and High-Treason.

501CHAP. XIV.: In what Instances Marriages between Relations should be regulated by the Laws of Nature; and in what Instances by the Civil Laws.

179CHAP. IX.: The same Subject continued.

502CHAP. XV.: That we should not regulate by the Principles of political Law, those Things which depend on the Principles of civil Law.

180CHAP. X.: The same Subject continued.

503CHAP. XVI.: 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.

181CHAP. XI.: Of Thoughts.

504CHAP. XVII.: The same Subject continued.

182CHAP. XII.: Of indiscreet Speeches.

505CHAP. XVIII.: That it is necessary to enquire, whether the Laws which seem contradictory, are of the same Class.

183CHAP. XIII.: Of Writings.

506CHAP. XIX.: That we should not decide those Things by the civil Law, which ought to be decided by domestic Laws.

184CHAP. XIV.: Breach of Modesty in punishing Crimes.

507CHAP. XX.: That we ought not to decide by the Principles of the civil Law, those Things which belong to the Law of Nations.

185CHAP. XV.: Of the Infranchisement of Slaves, in Order to accuse their Master.

508CHAP. XXI.: That we should not decide by political Laws, Things which belong to the Law of Nations.

186CHAP. XVI.: Of Calumny, with Regard to the Crime of High-Treason.

509CHAP. XXII.: The unhappy State of the Ynca Athualpa.

187CHAP. XVII.: Of the Revealing of Conspiracies.

510CHAP. XXIII.: 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.

188CHAP. XVIII.: How dangerous it is, in Republics, to be too severe in punishing the Crime of High-Treason.

511CHAP. XXIV.: That the Regulations of the Police are of a different Class from other civil Laws.

189CHAP. XIX.: In what Manner the Use of Liberty is suspended in a Republic.

512CHAP. XXV.: 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.

190CHAP. XX.: Of Laws favourable to the Liberty of the Subject in a Republic.

513Book XXVII.: Of the Origin and Revolutions of the Roman Laws on Successions.

191CHAP. XXI.: Of the Cruelty of Laws, in Respect to Debtors, in a Republic.

514CHAP. I.

192CHAP. XXII.: Of Things that strike at Liberty in Monarchies.

515Book XXVIII.: Of the Origin and Revolutions of the Civil Laws Among the French.

193CHAP. XXIII.: Of Spies in Monarchies.

516CHAP. I.: Different Character of the Laws of the several People of Germany.

194CHAP. XXIV.: Of anonymous Letters.

517CHAP. II.: That the laws of the Barbarians were all personal.

195CHAP. XXV.: Of the Manner of governing in Monarchies.

518CHAP. III.: Capital Difference between the Salic Laws and those of the Visigoths and Burgundians.

196CHAP. XXVI.: That, in a Monarchy, the Prince ought to be of easy Access.

519CHAP. IV.: 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.

197CHAP. XXVII.: Of the Manners of a Monarch.

520CHAP. V.: The same Subject continued.

198CHAP. XXVIII.: Of the Regard which Monarchs owe to their Subjects.

521CHAP. VI.: How the Roman Law kept its Ground in the Demesne of the Lombards.

199CHAP. XXIX.: Of the civil Laws proper for mixing some Portion of Liberty in a despotic Government.

522CHAP. VII.: How the Roman Law came to be lost in Spain.

200CHAP. XXX.: The same Subject continued.

523CHAP. VIII.: A false Capitulary.

201Book XIII.: Of the Relation Which the Levying of Taxes and the Greatness of the Public Revenues Have to Liberty.

524CHAP. IX.: In what Manner the Codes of Barbarian Laws, and the Capitularies came to be lost.

202CHAP. I.: Of the public Revenues.

525CHAP. X.: The same Subject continued.

203CHAP. II.: That it is bad Reasoning to say that the Greatness of Taxes is good in its own Nature.

526CHAP. XI.: Other Causes of the Disuse of the Codes of Barbarian Laws, as well as of the Roman Law, and of the Capitularies.

204CHAP. III.: Of Taxes in Countries where Part of the People are Villains or Bondmen.

527CHAP. XII.: Of local Customs. Revolution of the Laws of barbarous Nations, as well as of the Roman Law.

205CHAP. IV.: Of a Republic in the like Case.

528CHAP. XIII.: Difference between the Salic Law, or that of the Salian Franks, and that of the Ripuarian Franks, and other barbarous Nations.

206CHAP. V.: Of a Monarchy in the like Case.

529CHAP. XIV.: Another Difference.

207CHAP. VI.: Of a despotic Government in the like Case.

530CHAP. XV.: A Reflection.

208CHAP. VII.: Of Taxes in Countries where Villainage is not established.

531CHAP. XVI.: Of the Ordeal, or Trial by boiling Water, established by the Salic Law.

209CHAP. VIII.: In what Manner the Deception is preserved.

532CHAP. XVII.: Particular Notions of our Ancestors.

210CHAP. IX.: Of a bad kind of Impost.

533CHAP. XVIII.: In what Manner the Custom of judicial Combats gained Ground.

211CHAP. X.: That the Greatness of Taxes depends on the Nature of the Government.

534CHAP. XIX.: A new Reason of the Disuse of the Salic and Roman Laws, as also of the Capitularies.

212CHAP. XI.: Of Confiscations.

535CHAP. XX.: Origin of the Point of Honour.

213CHAP. XII.: Relation between the Weight of Taxes and Liberty.

536CHAP. XXI.: A new Reflection upon the Point of Honour among the Germans.

214CHAP. XIII.: In what Government Taxes are capable of Increase.

537CHAP. XXII.: Of the Manners relative to judicial Combats.

215CHAP. XIV.: That the Nature of the Taxes is relative to the Government.

538CHAP. XXIII.: Of the Code of Laws on judicial Combats.

216CHAP. XV.: Abuse of Liberty.

539CHAP. XXIV.: Rules established in the judicial Combat.

217CHAP. XVI.: Of the Conquests of the Mahometans.

540CHAP. XXV.: Of the Bounds prescribed to the Custom of judicial Combats.

218CHAP. XVII.: Of the Augmentation of Troops.

541CHAP. XXVI.: Of the judiciary Combat between one of the Parties, and one of the Witnesses.

219CHAP. XVIII.: Of an Exemption from Taxes.

542CHAP. XXVII.: Of the judicial Combat between one of the Parties, and one of the Lord’s Peers. Appeal of false Judgment.

220CHAP. XIX.: Which is most suitable to the Prince and to the People, the farming the revenues, or managing them by commission?

543CHAP. XXVIII.: Of the Appeal of Default of Justice.

221CHAP. XX.: Of the Farmers of the Revenues.

544CHAP. XXIX.: Epoch of the Reign of St. Lewis.

222Book XIV.: Of Laws as Relative to the Nature of the Climate.

545CHAP. XXX.: Observations on Appeals.

223CHAP. I.: General Idea.

546CHAP. XXXI.: The same Subject continued.

224CHAP. II.: Of the Difference of Men in different Climates.

547CHAP. XXXII.: The same Subject continued.

225CHAP. III.: Contradiction in the Tempers of some Southern Nations.

548CHAP. XXXIII.: The same Subject continued.

226CHAP. IV.: Cause of the Immutability of Religion, Manners, Customs, and Laws, in the Eastern Countries.

549CHAP. XXXIV.: In what Manner the Proceedings at Law became secret.

227CHAP. V.: That those are bad legislators who favour the Vices of the Climate, and good Legislators who oppose those Vices.

550CHAP. XXXV.: Of the Costs.

228CHAP. VI.: Of Agriculture in warm Climates.

551CHAP. XXXVI.: Of the public Prosecutor.

229CHAP. VII.: Of Monkery.

552CHAP. XXXVII.: In what Manner the Institutions of St. Lewis fell into Oblivion.

230CHAP. VIII.: An excellent Custom of China.

553CHAP. XXXVIII.: The same Subject continued.

231CHAP. IX.: Means of encouraging Industry.

554CHAP. XXXIX.: The same Subject continued.

232CHAP. X.: Of the Laws relative to the Sobriety of the People.

555CHAP. XL.: In what Manner the Judiciary Forms were borrowed from the Decretals.

233CHAP. XI.: Of the Laws relative to the Distempers of the Climate.

556CHAP. XLI.: Fiux and Reflux of the ecclesiastic and temporal Jurisdiction.

234CHAP. XII.: Of the Laws against Suicides.

557CHAP. XLII.: The Revival of the Roman Law, and the Result thereof. Change in the Tribunals.

235CHAP. XIII.: Effects arising from the Climate of England.

558CHAP. XLIII.: The same subject continued.

236CHAP. XIV.: Other Effects of the Climate.

559CHAP. XLIV.: Of the Proof by Witnesses.

237CHAP. XV.: Of the different Confidence which the Laws have in the People, according to the Difference of Climates.

560CHAP. XLV.: Of the Customs of France.

238Book XV.: In What Manner the Laws of Civil Slavery are Relative to the Nature of the Climate.

561Book XXIX.: Of the Manner of Composing Laws.

239CHAP. I.: Of civil Slavery.

562CHAP. I.: Of the Spirit of a Legislator.

240CHAP. II.: Origin of the Right of Slavery among the Roman Civilians.

563CHAP. II.: The same Subject continued.

241CHAP. III.: Another Origin of the Right of Slavery.

564CHAP. III.: That the Laws which seem to deviate from the Views of the Legislator, are frequently agreeable to them.

242CHAP. IV.: Another Origin of the Right of Slavery.

565CHAP. IV.: Of the Laws contrary to the Views of the Legislator.

243CHAP. V.: Of the Slavery of the Negroes.

566CHAP. V.: The same Subject continued.

244CHAP. VI.: The true Origin of the Right of Slavery.

567CHAP. VI.: That Laws which appear the same, have not always the same Effect.

245CHAP. VII.: Another Origin of the Right of Slavery.

568CHAP. VII.: The same Subject continued. Necessity of composing Laws in a proper Manner.

246CHAP. VIII.: Inutility of Slavery among us.

569CHAP. VIII.: That Laws which appear the same, were not always made through the same Motive.

247CHAP. IX.: Several Kinds of Slavery.

570CHAP. IX.: That the Greek and Roman Laws punished Suicide, but not through the same Motive.

248CHAP. X.: Regulations necessary in Respect to Slavery.

571CHAP. X.: That Laws which seem contrary, proceed sometimes from the same Spirit.

249CHAP. XI.: Abuses of Slavery.

572CHAP. XI.: How we are to judge of the Difference of Laws.

250CHAP. XII.: Danger from the Multitude of Slaves.

573CHAP. XII.: That Laws which appear the same, are sometimes really different.

251CHAP. XIII.: Of armed Slaves.

574CHAP. XIII.: That we must not separate Laws from the End for which they were made. Of the Roman Laws on Theft.

252CHAP. XIV.: The same Subject continued.

575CHAP. XIV.: That we must not separate the Laws from the Circumstances in which they were made.

253CHAP. XV.: Precautions to be used in moderate Governments.

576CHAP. XV.: That sometimes it is proper the Law should amend itself.

254CHAP. XVI.: Regulations between Masters and Slaves.

577CHAP. XVI.: Things to be observed in the composing of Laws.

255CHAP. XVII.: Of Infranchisements.

578CHAP. XVII.: A bad Method of giving Laws.

256CHAP. XVIII.: Of Freed-men and Eunuchs.

579CHAP. XVIII.: Of the Ideas of Uniformity.

257Book XVI.: How the Laws of Domestic Slavery Have a Relation to the Nature of the Climate.

580CHAP. XIX.: Of Legislators.

258CHAP. I.: Of domestic Servitude.

581Book XXX.: Theory of the Feudal Laws Among the Franks, in the Relation They Bear to the Establishment of the Monarchy.

259CHAP. II.: That, in the Countries of the South, there is a natural Inequality between the two Sexes.

582CHAP. I.: Of feudal Laws.

260CHAP. III.: That a Plurality of Wives greatly depends on the Means of supporting them.

583CHAP. II.: Of the Source of feudal Laws.

261CHAP. IV.: That the Law of Polygamy is an Affair that depends on Calculation.

584CHAP. III.: The Origin of Vassalage.

262CHAP. V.: The Reason of a Law of Malabar.

585CHAP. IV.: The same Subject continued.

263CHAP. VI.: Of Polygamy considered in itself.

586CHAP. V.: Of the Conquests of the Franks.

264CHAP. VII.: Of an Equality of Treatment in Case of many Wives.

587CHAP. VI.: Of the Goths, Burgundians, and Franks.

265CHAP. VIII.: Of the Separation of Women from Men.

588CHAP. VII.: Different Ways of dividing the Land.

266CHAP. IX.: Of the Connexion between domestic and political Government.

589CHAP. VIII.: The same Subject continued.

267CHAP. X.: The Principle on which the Morals of the East are founded.

590CHAP. IX.: A just application of the Law of the Burgundians and of that of the Visigoths in relation to the division of Lands.

268CHAP. XI.: Of domestic Slavery independently of Polygamy.

591CHAP. X.: Of Servitudes.

269CHAP. XII.: Of natural Modesty.

592CHAP. XI.: The same Subject continued.

270CHAP. XIII.: Of Jealousy.

593CHAP. XII.: That the lands belonging to the division of the Barbarians paid no taxes.

271CHAP. XIV.: Of the Eastern Manner of domestic Government.

594CHAP. XIII.: Of Taxes paid by the Romans and Gauls, in the monarchy of the Franks.

272CHAP. XV.: Of Divorce and Repudiation.

595CHAP. XIV.: Of what they called Census.

273CHAP. XVI.: Of Repudiation and Divorce amongst the Romans.

596CHAP. XV.: That what they called census was raised only on the bondmen, and not on the freemen.

274Book XVII.: How the Laws of Political Servitude Have a Relation to the Nature of the Climate.

597CHAP. XVI.: Of the feudal Lords or Vassals.

275CHAP. I.: Of political Servitude.

598CHAP. XVII.: Of the Military Service of Freemen.

276CHAP. II.: The Difference between Nations in Point of Courage.

599CHAP. XVIII.: Of the double Service.

277CHAP. III.: Of the Climate of Asia.

600CHAP. XIX.: Of Compositions among the barbarous Nations.

278CHAP. IV.: The Consequences resulting from this.

601CHAP. XX.: Of what was afterwards called the Jurisdiction of the Lords.

279CHAP. V.: That, when the People in the North of Asia and those of the North of Europe made Conquests, the Effects of the Conquest were not the same.

602CHAP. XXI.: Of the territorial Jurisdiction of the Churches.

280CHAP. VI.: A new physical Cause of the Slavery of Asia and of the Liberty of Europe.

603CHAP. XXII.: That the Jurisdictions were established before the End of the second Race.

281CHAP. VII.: Of Africa and America.

604CHAP. XXIII.: General Idea of the Abbé Du Bos’s Book on the Establishment of the French Monarchy in Gaul.

282CHAP. VIII.: Of the Capital of the Empire.

605CHAP. XXIV.: The same Subject continued. Reflection on the main Part of the System.

283Book XVIII.: Of Laws in the Relation They Bear to the Nature of the Soil.

606CHAP. XXV.: Of the French Nobility.

284CHAP. I.: How the Nature of the Soil has an Influence on the Laws.

607Book XXXI.: Theory of the Feudal Laws Among the Franks, in the Relation They Bear to the Revolutions of Their Monarchy.

285CHAP. II.: The same Subject continued.

608CHAP. I.: Changes in the offices and in the fiefs. Of the mayors of the palace.

286CHAP. III.: What Countries are best cultivated.

609CHAP. II.: How the civil Government was reformed.

287CHAP. IV.: New Effects of the Barrenness and Fertility of Countries.

610CHAP. III.: Authority of the Mayors of the Palace.

288CHAP. V.: Of the Inhabitants of Islands.

611CHAP. IV.: Of the Genius of the Nation in regard to the Mayors.

289CHAP. VI.: Of Countries raised by the Industry of Man.

612CHAP. V.: In what Manner the Mayors obtained the Command of the Armies.

290CHAP. VII.: Of human Industry.

613CHAP. VI.: Second Epocha of the Humiliation of our Kings of the first Race.

291CHAP. VIII.: The general Relation of Laws.

614CHAP. VII.: Of the great Offices and Fiefs under the Mayors of the Palace.

292CHAP. IX.: Of the Soil of America.

615CHAP. VIII.: In what Manner the allodial Estates were changed into Fiefs.

293CHAP. X.: Of Population, in the Relation it bears to the Manner of procuring Subsistence.

616CHAP. IX.: How the Church-lands were converted into Fiefs.

294CHAP. XI.: Of savage and barbarous Nations.

617CHAP. X.: Riches of the Clergy.

295CHAP. XII.: Of the Law of Nations among People who do not cultivate the Earth.

618CHAP. XI.: State of Europe at the Time of Charles Martel.

296CHAP. XIII.: Of the civil Law of those Nations who do not cultivate the Earth.

619CHAP. XII.: Establishment of the Tithes.

297CHAP. XIV.: Of the political State of the People who do not cultivate the Land.

620CHAP. XIII.: Of the Election of Bishops and Abbots.

298CHAP. XV.: Of People who know the Use of Money.

621CHAP. XIV.: Of the Fiefs of Charles Martel.

299CHAP. XVI.: Of civil Laws among People who know not the Use of Money.

622CHAP. XV.: The same Subject continued.

300CHAP. XVII.: Of political Laws amongst Nations who have not the Use of Money.

623CHAP. XVI.: Confusion of the Royalty and Mayoralty. The second Race.

301CHAP. XVIII.: Of the Power of Superstition.

624CHAP. XVII.: A particular Circumstance in the Election of the Kings of the second Race.

302CHAP. XIX.: Of the Liberty of the Arabs and the Servitude of the Tartars.

625CHAP. XVIII.: Charlemaign.

303CHAP. XX.: Of the Law of Nations as practised by the Tartars.

626CHAP. XIX.: The same Subject continued.

304CHAP. XXI.: The civil Law of the Tartars.

627CHAP. XX.: Lewis the Debonnaire.

305CHAP. XXII.: Of a civil Law of the German Nations.

628CHAP. XXI.: The same Subject continued.

306CHAP. XXIII.: Of the regal Ornaments among the Franks.

629CHAP. XXII.: The same Subject continued.

307CHAP. XXIV.: Of the Marriages of the Kings of the Franks.

630CHAP. XXIII.: The same Subject continued.

308CHAP. XXV.: Childeric.

631CHAP. XXIV.: That the Freemen were rendered capable of holding Fiefs.

309CHAP. XXVI.: Of the Time when the Kings of the Franks became of Age.

632CHAP. XXV.: THE PRINCIPAL CAUSE OF THE HUMILIATION OF THE SECOND RACE. Changes in the Allodia.

310CHAP. XXVII.: The same Subject continued.

633CHAP. XXVI.: Changes in the Fiefs.

311CHAP. XXVIII.: Of Adoption among the Germans.

634CHAP. XXVII.: Another Change which happened in the Fiefs.

312CHAP. XXIX.: Of the sanguinary Temper of the Kings of the Franks.

635CHAP. XXVIII.: Changes which happened in the great Offices, and in the Fiefs.

313CHAP. XXX.: Of the national Assemblies of the Franks.

636CHAP. XXIX.: Of the Nature of the Fiefs after the Reign of Charles the Bald.

314CHAP. XXXI.: Of the Authority of the Clergy under the first Race.

637CHAP. XXX.: The same Subject continued.

315Book XIX.: Of Laws, in Relation to the Principles Which Form the General Spirit, the Morals, and Customs, of a Nation.

638CHAP. XXXI.: In what Manner the Empire was transferred from the Family of Charlemaign.

316CHAP. I.: Of the Subject of this Book.

639CHAP. XXXII.: In what Manner the Crown of France was transferred to the House of Hugh Capet.

317CHAP. II.: That it is necessary People’s Minds should be prepared for the Reception of the best Laws.

640CHAP. XXXIII.: Some Consequences of the perpetuity of Fiefs.

318CHAP. III.: Of Tyranny.

641CHAP. XXXIV.: The same subject continued. (pt. 1)

319CHAP. IV.: Of the general Spirit of Mankind.

642CHAP. XXXIV.: The same subject continued. (pt. 2)

320CHAP. V.: How far we should be attentive lest the general Spirit of a Nation be changed.

643Analysis

321CHAP. VI.: That every Thing ought not to be corrected.

644Reflection

322CHAP. VII.: Of the Athenians and Lacedæmonians.

645Memorable Quotes

323CHAP. VIII.: Effects of a sociable Temper.

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