The Spirit of Laws: Translated from the French of M. de Secondat, Baron de Montesquieu. By Thomas Nugent, ...

Charles de Secondat baron de Montesquieu

G. Faulkner, and T. Ewing, 1767

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Table of Contents

Index

BOOK XX	1

The ſpirit of England with reſpect to com	7

A law of Rhodes ibid	13

That a prince ought not to engage himſelf	14

Of the people of Africa	20

Of the commerce of the Greeks	28

Of the commerce of the Grecian kings after	34

Of the circuit of Africa	40

The fame fubject continued	281

In what manner the judiciary forms were bor rowed from the decretals	282

Flux and reflux of the ecclefiaftic and tem poral jurifdiction	283

The revival of the Roman law and the re fult thereof Change in the tribunals	284

The fame fubject continued	287

Cha p XLIV Of the proof by witneffes	288

Of the customs of France	289

BOOK XXIX	292

Of the genius of the Romans as to maritime	50

Of commerce after the deftruction of	56

How commerce broke through the barbariſm of Europe Page	58

The diſcovery of two new worlds and in what manner Europe is affected by it	60

Of the riches which Spain drew from Ame rica	64

A problem	68

BOOK XXII	70

Of the nature of money	71

Of ideal money	73

Of the quantity of gold and filver	74

How the price of things is fixt in the variation of the fign of riches	75

The fame fubject continued	76

Of the relative fcarcity of gold and filver	77

Of exchange	78

Of the proceedings of the Romans with refpect to money	87

The circumſtances in which the Romans changed the value of their ſpecie	88

Proceedings with refpect to money in the time of the emperors	90

How exchange is a conftraint on defpotic power	91

The practice of fome countries in Italy	92

Of the payment of public debts	94

Of maritime ufury	96

Of the fathers confent to marriage	107

Of the number of inhabitants with relation	113

The fame fubject continued Page	131

A paradox of Mr Bayles	137

Of the Ellenes ibid	143

How the laws of religion have the effect	149

That it is not fo much the truth or falfity of a doctrine which renders it uſeful or pernicious to men in civil government as the ufe or abuſe of it Page	150

The fame fubject continued	151

Of the metempfychofis ibid Chap XXII That it is dangerous for religion to infpire an averfion for things in themſelves indifferent	152

Of feftivals ibid Chap XXIV Of the local laws of religion	153

The inconveniency of tranſplanting a reli gion from one country to another	154

The fame fubject continued	155

BOOK XXV	157

Of temples	159

Of the minifters of religion	161

Of the bounds which the laws ought to pre ſcribe to the riches of the clergy	162

Of monaſteries	164

Of the luxury of fuperftition ibid Chap VIII Of the pontificate	165

Of toleration in point of religion	166

The fame fubject continued ibid Chap XI Of changing a religion	167

Of penal laws ibid Chap XIII A moſt humble remonstrance to the inquifi tors of Spain and Portugal	168

Why the chriftian religion is fo odious in Japan	171

Of the propagation of religion	172

Of civil laws contrary to the law of nature	175

That we ought not to regulate by the prin	181

That we ſhould not regulate by the princi	190

That we ought not to decide by the rules	192

That the regulations of the police are of	198

Of the origin and revolutions of the civil laws among	213

In what manner the Roman law came to	219

In what manner the codes of Barbarian laws	225

Difference between the Salic law or that	231

In what manner the cuſtom of judicial	237

Origin of the point of honour	243

Of the bounds preſcribed to the cuſtom	250

Of the judiciary combat between one of the parties and one of the witneſſes Page	253

Of the judicial combat between one of the parties and one of the lords peers Appeal of falfe judgment	254

Of the appeal of default of juſtice	260

Epoch of the reign of St Lewis	265

Obfervations on appeals	268

The fame fubject continued ibid Chap XXXII The fame fubject continued	269

The fame fubject continued	270

In what manner the proceedings at law became fecret	271

Of the cofts	272

Of the public profecutor	273

In what manner the inftitutions of St Lewis fell into oblivion	276

The fame fubject continued	278

The fame fubject continued ibid Chap III That the laws which feem to deviate from the views of the legiflator are frequently agreeable to them	293

The fame fubject continued	294

The fame fubject continued Neceffity of compofing laws in a proper manner	295

That laws which appear the fame were not always made through the fame motive	296

That laws which feem contrary proceed fome times from the fame fpirit	298

ibid Chap XII That laws which appear the fame are ſome times really different	299

of the Roman laws on theft	300

That we muft not ſeparate the laws from the circumftances in which they were made	302

Things to be obſerved in the compoſing of laws	303

A bad method of giving laws	308

Of the ideas of uniformity	309

BOOK XXX	310

Of the fource of feudal laws	311

The origin of vaffalage ibid Chap IV The fame fubject continued	313

Of the conquefts of the Franks	314

Of the Goths Burgundians and Franks ibid Chap VII Different ways of dividing the land	315

The fame fubject continued	316

Of fervitudes	317

The fame fubject continued	319

That the lands belonging to the divifion of the Barbarians paid no taxes	322

Of taxes paid by the Romans and Gauls in the monarchy of the Franks	325

Of what they called cenfus	328

That what they called cenfus was raiſed only on the bondmen and not on the freemen	329

Of the feudal lords or vaffals	333

Of the military ſervice of freemen	335

Of the double fervice	338

Of compofitions among the barbarous na tions	340

Of what was afterwards called the juriſdiction of the lords	345

Of the territorial jurifdiction of the churches	349

That the jurifdictions were eſtabliſhed before 1	352

General idea of the Abbe Du Boss book on the eſtabliſhment of the French monarchy inGaul	355

The fame fubject continued Reflection on the main part of the fyftem	356

Of the French nobility	360

A juft application of the law of the Burgun dians	362

Theory of the feudal laws among the Franks in the rela tion they bear to the revolution of their monarchy Chap I Changes in the offices and in the fie...	367

How the civil government was reformed	371

Authority of the mayors of the palace	374

Of the genius of the nation in regard to the mayors	376

In what manner the mayors obtained the com	377

mand of the armies	379

Of the great offices and fiefs under the mayors of the palace	380

In what manner the allodial eftates were changed into fiefs	382

How the churchlands were converted into fiefs	385

Riches of the clergy	386

State of Europe at the time of Charles Martel	388

Eftabliſhment of the tithes	391

Of the election of biſhops and abbots	394

Of the fiefs of Charles Martel	395

fecond race	396

the kings of the fecond race	398

The fame fubject continued	400

Lewis the Debonnaire	402

The fame fubject continued	404

The fame ſubject continued	405

The fame fubject continued	406

That the freemen were rendered capable of holding fiefs	410

The principal caufe of the humiliation of the fecond race Changes in the allodia	411

Changes in the fiefs	414

Another change which happened in the fiefs	415

Changes which happened in the great offices and in the fiefs	416

Of the nature of the fiefs after the reign of Charles the Bald	418

The fame ſubject continued	419

In what manner the empire was transferred from the family of Charlemain	421

Some confequences of the perpetuity of fiefs	423

The fame fubject continued	428

Second epocha of the humiliation of our kings of the first race Page 379

among the Romans ibid

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Common terms and phrases

againſt alfo alſo ancient appeal Baluzius's edition Barbarians Beaumanoir becauſe bondmen Burgundians cafe capitulary caufe cauſe cenfus chap Charlemain Charles Charles Martel Charles the Bald church citizens civil laws clergy commerce compofition confequence conftitution court cuftoms Défontaines demefnes divifion ecclefiaftic emperor eſtabliſhed faid falfe fays fecond feems fervice feveral fhall fhould fiefs filver fince firft fome fpecie fpirit Franks freemen ftate ftill fubject fucceffion fuch Gaul Gregory of Tours himſelf ibid increaſed inftitutions intereft itſelf judge judgment judicial combats jurifdiction king king's lands lefs Lewis the Debonnaire Lombards lord manner Marculfus marriage moft monarchy moſt muſt nations nature neceffary nobility obferved obliged ordained Pepin perfon poffeffed prefent preferve prince punished reafon refpect regulations religion Ripuarians Roman law Rome Salic law ſtate thefe themſelves theſe thing thofe thoſe tion ufage Ulpian uſe vaffals Vifigoths whofe

Bibliographic information

Title	The Spirit of Laws: Translated from the French of M. de Secondat, Baron de Montesquieu. By Thomas Nugent, ... Volume 2 of The Spirit of Laws: Translated from the French of M. de Secondat, Baron de Montesquieu. By Thomas Nugent, Charles de Secondat baron de Montesquieu
Author	Charles de Secondat baron de Montesquieu
Publisher	G. Faulkner, and T. Ewing, 1767
Original from	The British Library
Digitized	20 Jun 2017

Export Citation	BiBTeX EndNote RefMan

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