Frontmatter
Titlepage
The COMPLETE WORKS of M. DE MONTESQUIEU.
Volume II.
THE COMPLETE WORKS OF M. DE MONTESQUIEU.
TRANSLATED from the FRENCH.
IN FOUR VOLUMES. VOLUME the SECOND.
LONDON, Printed for T. Evans, in the Strand; AND W. Davis, in Piccadilly.
MDCCLXXVII.
CONTENTS.
Book XX. Of laws in relation to commerce, considered in its nature and distinctions.
CHAP. I. Of commerce, 1
Chap. II. Of the spirit of commerce, 2
Chap. III. Of the poverty of the people, 3
Chap. IV. Of commerce in different governments, 4
Chap. V. Of nations that have entered into an economical commerce 6
Chap. VI. Some effects of an extensive navigation ibid.
Chap. VII. The spirit of England with respect to commerce, 8
Chap. VIII. In what manner the economical commerce has been sometimes restrained, ibid.
Chap. IX. Of the prohibition of commerce, 9
Chap. X. An institution adapted to economical commerce, 10
Chap. XI. The same subject continued, 11
Chap. XII. Of the freedom of commerce, ibid.
Chap. XIII. What it is that destroys this liberty, 12
Chap. XIV. The laws of commerce concerning the confiscation of merchandises, 13
Chap. XV. Of seizing the persons of merchants, ibid.
Chap. XVI. An excellent law, 14
Chap. XVII. A law of Rhodes, 15
Chap. XVIII. Of the judges of commerce, ibid.
Chap. XIX. That a prince ought not to engage himself in commerce, 16
Chap. XX. The same subject continued, 17
Chap. XXI. Of commerce in a monarchy, ibid.
Chap. XXII. A singular reflection, 18
Chap. XXIII. To what nations commerce is prejudicial, 19
Book XXI. Of laws relative to commerce, considered in the revolutions it has met with in the world.
Chap. I. Some general considerations, 22
Chap. II. Of the people of Africa, 23
Chap. III. That the wants of the people in the south are different from those of the north, 24
Chap. IV. The principal difference between the commerce of the ancients and the moderns, ibid.
Chap. V. Other differences, 25
Chap. VI. Of the commerce of the ancients, 26
Chap. VII. Of the commerce of the Greeks, 33
Chap. VIII. Alexander. His conquest, 36
Chap. IX. Of the commerce of the Grecian kings, after the death of Alexander, 40
Chap. X. Of the circuit of Asia, 47
Chap. XI. Of Carthage and Marseilles, 50
Chap. XII. The isle of Delos. Mithridates, 56
Chap. XIII. Of the genius of the Romans as to maritime affairs, 58
Chap. XIV. Of the genius of the Romans with respect to commerce, ibid.
Chap. XV. Of the commerce of the Romans with the barbarians, 60
Chap. XVI. Of the commerce of the Romans with Arabia and the Indies, 61
Chap. XVII. Of commerce after the destruction of the western empire, 65
Chap. XVIII. A particular regulation, 60
Chap. XIX. Of commerce after the decay of the Roman power in the East, 67
Chap. XX. How commerce broke thro’ the barbarism of Europe, ibid.
Chap. XXI. The discovery of two new worlds, and in what manner Europe is affected by it, 70
Chap. XXII. Of the riches which Spain drew from America, 75
Chap. XXIII. A problem, 80
Book XXII. Of laws in relation to the use of money.
Chap. I. The reason of the use of money, 81
Chap. II. Of the nature of money, 82
Chap. III. Of ideal money, 84
Chap. IV. Of the quantity of gold and silver, 85
Chap. V. The same subject continued, 86
Chap. VI. The reason why interest was lowered one half after the conquest of the Indies, ib.
Chap. VII. How the price of things is fixed in the variation of the sign of riches, 87
Chap. VIII. The same subject continued, 89
Chap. IX. Of the relative scarcity of gold and silver, 90
Chap. X. Of exchange, 91
Chap. XI. Of the proceedings of the Romans with respect to money, 101
Chap. XII. The circumstances in which the Romans changed the value of their specie, 103
Chap. XIII. Proceedings with respect to money in the time of the Emperors, 105
Chap. XIV. How the exchange is a constraint on despotic power 106
Chap. XV. The practice of some countries in Italy, 107
Chap. XVI. The assistance a state may derive from bankers, ib.
Chap. XVII. Of public debts, 108
Chap. XVIII. Of the payment of public debts, 109
Chap. XIX. Of lending upon interest, 111
Chap. XX. Of maritime usury, 112
Chap. XXI. Of lending by contract, and the state of usury amongst the Romans, 113
Chap. XXII. The same subject continued, 114
Book XXIII. Of laws in relation they bear to the number of inhabitants.
Chap. I. Of men and animals with respect to the multiplication of their species, 120
Chap. II. Of marriage, 121
Chap. III. Of the condition of children, 122
Chap. IV. Of families, 123
Chap. V. Of the several orders of lawful wives, ib.
Chap. VI. Of bastards in different governments, 124
Chap. VII. Of the father’s consent to marriage, 126
Chap. VIII. The same subject continued, 127
Chap. IX. Of young women, 128
Chap. X. What it is that determines to marriage, ib.
Chap. XI. Of the severity of government, ib.
Chap. XII. Of the number of males & females in different countries 129
Chap. XIII. Of sea port towns, 130
Chap. XIV. Of the productions of the earth which require a greater or a less number of men, 131
Chap. XV. Of the number of inhabitants with relation to the arts 132
Chap. XVI. The concern of the legislator in the propagation of the species, 133
Chap. XVII. Of Greece, and the number of its inhabitants, 134
Chap. XVIII. Of the state and number of people before the Romans, 136
Chap. XIX. Of the depopulation of the globe, ibid.
Chap. XX. That the Romans were under a necessity of making laws to encourage the propagation of the species, 137
Chap. XXI. Of the laws of the Romans relating to the propagation of the species, ibid.
Chap. XXII. Of the exposing of children, 150
Chap. XXIII. Of the state of the world after the destruction of the Romans, 151
Chap. XXIV. The changes which happened in Europe, with regard to the number of the inhabitants, 152
Chap. XXV. The same subject continued, 153
Chap. XXVI. Consequences, ibid.
Chap. XXVII. Of the law made in France to encourage the propagation of the species, 154
Chap. XXVIII. By what means we may remedy a depopulation, ib.
Chap. XXIX. Of hospitals, 155
Book XXIV. Of laws as relative to religion, considered in itself and in its doctrines.
Chap. I. Of religion in general, 158
Chap. II. A paradox of Mr. Bayle’s, 159
Chap. III. That a moderate government is most agreeable to the Christian religion, and a despotic one to the Mahometan 160
Chap. IV. Consequences from the character of the Christian religion and that of the Mahometan, 162
Chap. V. That the Catholic religion is most agreeable to a monarchy, and the Protestant to a republic, 163
Chap. VI. Another of Mr. Bayle’s paradoxes, 164
Chap. VII. Of the laws of perfection in religion, 165
Chap. VIII. Of the connection between the moral laws and those of religion, ibid.
Chap. IX. Of the Essenes, 166
Chap. X. Of the sect of Stoics, ibid.
Chap. XI. Of contemplation, 167
Chap. XII. Of penances, 168
Chap. XIII. Of inexpiable crimes, ibid.
Chap. XIV. In what manner religion has an influence on civil laws 169
Chap. XV. How false religions are sometimes corrected by the civil laws, 172
Chap. XVI. How the laws of religion correct the inconveniencies of a political constitution, ibid.
Chap. XVII. The same subject continued, 173
Chap. XVIII. How the laws of religion have the effect of civil laws, 174
Chap. 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 which is made of it, 175
Chap. XX. The same subject continued, 177
Chap. XXI. Of the metempsychosis, ibid.
Chap. XXII. That it is dangerous for religion to inspire an aversion for things in themselves indifferent, 178
Chap. XXIII. Of festivals, ibid.
Chap. XXIV. Of the local laws of religion, 180
Chap. XXV. The inconveniency of transplanting a religion from one country to another, 181
Chap. XXVI. The same subject continued. 182
Book XXV. Of laws as relative to the establishment of religion, and its external polity.
Chap. I. Of religious sentiments, 183
Chap. II. Of the motives of attachment to different religions, ib.
Chap. III. Of temples, 185
Chap. IV. Of the ministers of religion, 188
Chap. V. Of the bounds which the laws ought to prescribe to the riches of the clergy, 189
Chap. VI. Of monasteries, 191
Chap. VII. Of the luxury of superstition, ibid.
Chap. VIII. Of the pontificate, 193
Chap. IX. Of toleration in point of religion, ibid.
Chap. X. The same subject continued, 194
Chap. XI. Of changing a religion, 195
Chap. XII. Of penal laws, ibid.
Chap. XIII. A most humble remonstrance to the inquisitors of Spain and Portugal, 197
Chap. XIV. Why the Christian religion is so odious in Japan 200
Chap. XV. Of the propagation of religion, 201
Book XXVI. Of laws as relative to the order of things on which they determine.
Chap. I. Idea of this book, 202
Chap. II. Of laws divine and human, 203
Chap. III. Of civil laws contrary to the law of nature, 204
Chap. IV. The same subject continued, 206
Chap. V. Cases in which we may judge by the principles of the civil law, in limiting the principles of the law of nature 207
Chap. 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, 208
Chap. VII. That we ought not to decide by the precepts of religion what belongs only to the law of nature, 210
Chap. 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, 211
Chap. IX. That things which ought to be regulated by the principles of civil law, can seldom be regulated by those of religion, 212
Chap. X. In what case we ought to follow the civil law which permits, and not the law of religion which forbids, 214
Chap. XI. That human courts of justice should not be regulated by the maxims of those tribunals which relate to the other life 215
Chap. XII. The same subject continued, ibid.
Chap. XIII. In what cases, with regard to marriages, we ought to follow the laws of religion, and in what cases we should follow the civil laws, 216
Chap. XIV. In what instances marriages between relations should be regulated by the laws of nature, and in what instances by the civil laws, 218
Chap. XV. That we should not regulate, by the principles of political law, those things which depend on the principles of civil law, 223
Chap. 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, 225
Chap. XVII. The same subject continued, 226
Chap. XVIII. That it is necessary to enquire, whether the laws which seem contradictory are of the same class, 227
Chap. XIX. That we should not decide those things by the civil law, which ought to be decided by domestic laws, 228
Chap. XX. That we ought not to decide by the principles of the civil laws, those things which belong to the law of nations, 229
Chap. XXI. That we should not decide by political laws, things which belong to the law of nations, ibid.
Chap. XXII. The unhappy state of the Ynca Athualpa, 230
Chap. 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, 231
Chap. XXIV. That the regulations of the police are of a different class from other civil laws, 232
Chap. XXV. That we should not follow the general dispositions of the civil law, in things which ought to be subject to particular rules drawn from their own nature, 233
Book XXVII. Of the origin and revolutions of the Roman laws on successions.
Chap. I. Of the Roman laws on successions, 234
Book XXVIII. Of the origin and revolutions of the civil laws among the French.
Chap. I. Different character of the laws of the several people of Germany, 249
Chap. II. That the laws of the Barbarians were all personal 252
Chap. III. Capital difference between the Salic laws and those of the Visigoths and Burgundians, 254
Chap. 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, 256
Chap. V. The same subject continued, 259
Chap. VI. How the Roman law kept its ground in the demesne of the Lombards, 260
Chap. VII. How the Roman law came to be lost in Spain, 261
Chap. VIII. A false capitulary, 263
Chap. IX. In what manner the codes of the barbarian laws, and the capitularies came to be lost, ibid.
Chap. X. The same subject continued, 265
Chap. XI. Other causes of the disuse of the codes of barbarian laws, as well as of the Roman law, and of the capitularies, 266
Chap. XII. Of local customs. Revolution of the laws of barbarous nations, as well as of the Roman law, 267
Chap. XIII. Difference between the Salic law, or that of the Salian Franks, and that of the Ripuarian Franks, and other barbarous nations, 270
Chap. XIV. Another difference, 271
Chap. XV. A reflection, 272
Chap. XVI. Of the ordeal or trial by boiling water, established by the Salic law, 273
Chap. XVII. Particular notions of our ancestors, 274
Chap. XVIII. In what manner the custom of judicial combats gained ground, 277
Chap. XIX. A new reason of the disuse of the Salic and Roman laws, as also of the capitularies, 283
Chap. XX. Origin of the point of honour, 285
Chap. XXI. A new reflection upon the point of honour among the Germans, 287
Chap. XXII. Of the manners relative to judicial combats, ibid.
Chap. XXIII. Of the code of laws on judicial combats, 289
Chap. XXIV. Rules established in the judicial combats, 290
Chap. XXV. Of the bounds prescribed to the custom of judicial combats, 292
Chap. XXVI. Of the judiciary combat between one of the parties and one of the witnesses, 294
Chap. XXVII. Of the judicial combat between one of the parties, and one of the lord’s Peers. Appeal of false judgment, 296
Chap. XXVIII. Of the appeal of default of justice, 302
Chap. XXIX. Epoch of the reign of St. Lewis, 308
Chap. XXX. Observations on appeals, 311
Chap. XXXI. The same subject continued, 312
Chap. XXXII. The same subject continued, 313
Chap. XXXIII. The same subject continued, 314
Chap. XXXIV. In what manner the proceedings at law became secret, 315
Chap. XXXV. Of the costs, 316
Chap. XXXVI. Of the public prosecutor, 318
Chap. XXXVII. In what manner the institutions of St. Lewis fell into oblivion, 321
Chap. XXXVIII. The same subject continued, 323
Chap. XXXIX. The same subject continued, 326
Chap. XL. In what manner the judiciary forms were borrowed from the decretals, 327
Chap. XLI. Flux and reflux of the ecclesiastic and temporal jurisdiction, 328
Chap. XLII. The revival of the Roman law, and the result thereof. Change in the tribunals, 330
Chap. XLIII. The same subject continued, 333
Chap. XLIV. Of the proof by witnesses, 334
Chap. XLV. Of the customs of France, 335
Book XXIX. Of the manner of composing laws.
Chap. I. Of the spirit of the legislator, 338
Chap. II. The same subject continued, 339
Chap. III. That the laws which seem to deviate from the views of the legislator, are frequently agreeable to them, ibid.
Chap. IV. Of the laws that are contrary to the views of the legislator, 340
Chap. V. The same subject continued, ibid.
Chap. VI. The laws which appear the same, have not always the same effect, 341
Chap. VII. The same subject continued. The necessity of composing laws in a proper manner, 342
Chap. VIII. That laws which appear the same were not always made through the same motive, 343
Chap. IX. That the Greek and Roman laws punished suicide, but not through the same motive, 344
Chap. X. That laws which seem contrary proceed sometimes from the same spirit, 345
Chap. XI. How we are to judge of the difference of laws, 346
Chap. XII. That laws which appear the same are sometimes really different, 347
Chap. XIII. That we must not separate the laws from the end for which they were made: Of the Roman laws on theft, 348
Chap. XIV. That we must not separate the laws from the circumstances in which they were made, 350
Chap. XV. That sometimes it is proper the law should amend itself, ibid.
Chap. XVI. Things to be observed in the composing of laws, 351
Chap. XVII. A bad method of giving laws, 357
Chap. XVIII. Of the ideas of uniformity, 358
Chap. XIX. Of legislators, ibid.
Book XXX. Theory of the feudal laws among the Franks, in the relation they bear to the establishment of the monarchy.
Chap. I. Of feudal laws, 359
Chap. II. Of the source of feudal laws, 360
Chap. III. The origin of vassalage, 361
Chap. IV. The same subject continued, 362
Chap. V. Of the conquests of the Franks, 363
Chap. VI. Of the Goths, Burgundians, and Franks, 364
Chap. VII. Different ways of dividing the lands, 365
Chap. VIII. The same subject continued, 366
Chap. IX. A just application of the law of the Burgundians, and of that of the Visigoths, in relation to the division of lands, 367
Chap. X. Of servitudes, 368
Chap. XI. The same subject continued, 369
Chap. XII. That the lands belonging to the division of the barbarians paid no taxes, 373
Chap. XIII. Of taxes paid by the Romans and Gauls, in the monarchy of the Franks, 377
Chap. XIV. Of what they called census, 380
Chap. XV. That what they called census was raised only on the bondmen, and not on the freemen, 382
Chap. XVI. Of the feudal lords or vassals, 385
Chap. XVII. Of the military service of freemen, 387
Chap. XVIII. Of the double service, 391
Chap. XIX. Of compositions among the barbarous nations, 394
Chap. XX. Of what was after call’d the jurisdiction of the lords, 399
Chap. XXI. Of the territorial jurisdiction of the churches, 404
Chap. XXII. That the jurisdictions were established before the end of the second race, 406
Chap. XXIII. General idea of the Abbé du Bos’s book on the establishment of the French monarchy in Gaul, 410
Chap. XXIV. The same subject continued. Reflections on the main part of the system, 411
Chap. XXV. Of the French nobility, 415
Book XXXI. Theory of the feudal laws among the Franks, in the relation they bear to the revolutions of their monarchy.
Chap. I. Changes in the offices and in the fiefs. Of the mayors of the palace, 423
Chap. II. How the civil government was reformed, 427
Chap. III. Authority of the mayors of the palace, 431
Chap. IV. Of the genius of the nation in regard to the mayors 434
Chap. V. In what manner the mayors obtained the command of the armies, 435
Chap. VI. Second epocha of the humiliation of our kings of the first race, 437
Chap. VII. Of the great offices and fiefs under the mayors of the palace, 438
Chap. VIII. In what manner the allodial estates were changed into fiefs. 440
Chap. IX. How the church lands were converted into fiefs, 443
Chap. X. Riches of the clergy, 445
Chap. XI. State of Europe at the time of Charles Martel, 446
Chap. XII. Establishment of the tithes, 450
Chap. XIII. Of the elections of bishops and abbots, 453
Chap. XIV. Of the fiefs of Charles Martel, 454
Chap. XV. The same subject continued, 455
Chap. XVI. Confusion of the royalty and mayoralty. The second race, ibid.
Chap. XVII. A particular thing in the election of the kings of the second race, 457
Chap. XVIII. Charlemagne, 459
Chap. XIX. The same subject continued, 461
Chap. XX. Lewis the Debonnaire, 462
Chap. XXI. The successors of Charlemagne, 465
Chap. XXII. The same subject continued, 466
Chap. XXIII. The same subject continued, 467
Chap. XXIV. That the freemen were rendered capable of holding fiefs, 470
Chap. XXV. The principal cause of the humiliation of the second race. Changes in the allodia, 472
Chap. XXVI. Changes in the fiefs, 475
Chap. XXVII. Another change which happened in the fiefs 476
Chap. XXVIII. Changes which happened in the great offices, and in the fiefs, 477
Chap. XXIX. Of the nature of the fiefs after the reign of Charles the Bald, 479
Chap. XXX. The same subject continued, 480
Chap. XXXI. In what manner the empire was transferred from the family of Charlemagne, 482
Chap. XXXII. In what manner the crown of France was transferred to the house of Hugh Capet, 483
Chap. XXXIII. Some consequences of the perpetuity of fiefs 485
Chap. XXXIV. The same subject continued, 490