The Spirit of Laws, Volume 1

Charles de Secondat baron de Montesquieu

P. Dodesley, 1794 - Jurisprudence

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Title Page

Table of Contents

Of Laws in General	1

Chap Page 3 Of fumptuary laws in an ariftocracy 105	4

Chap Page	7

Of Laws directly derived from the Nature of Government	8

Of the relation of laws to the nature of monarchical	16

New confequences of the principles of three govern	19

Of the principle of aristocracy	23

Reflections on the foregoing	30

In what manner the uſe of liberty is fufpended in a republic	217

Of laws favourable to the liberty of the fubject in a republic	218

Of the cruelty of laws in respect to debtors in a re public	219

Of things that ftrike at liberty in monarchies	220

Of fpies in monarchies	221

Of anonymous letters	222

Of the manner of governing in monarchies	223

Of the manners of a monarch	224

Of fome inftitutions among the Greeks	36

That the Laws given by the Legiflator ought to be rela	42

In what manner the laws ought to maintain frugality	48

In what manner the laws are relative to their princi	57

The fame fubject continued	67

Chap Page	76

In what governments the fovereign may be judge	82

Of the ancient French laws	89

crimes	97

In what cafes fumptuary laws are uſeful in a mo narchy	107

Of the luxury of China	108

Fatal confequences of luxury in China	109

Of public continency	110

Of the domeſtic tribunal among the Romans	112

In what manner the inftitutions changed at Rome together with the government	113

Of the guardianſhip of women among the Romans	114

Sumptuary laws among the Romans	116

Of doweries and nuptial advantages in different confti tutions	117

Of female administration	118

Of the Corruption of the Principles of the three Govern ments Chap Page 1 General idea of this book	119

ibid	121

Particular caufe of the corruption of the people ibid	122

Of the corruption of the principle of ariftocracy	123

Of the corruption of the principle of monarchy	124

The fame fubject continued	125

Danger of the corruption of the principle of monar chical government	126

Of the corruption of the principle of defpotic govern ment	127

The fame continued	129

The effect of an oath among a virtuous people	130

How the fmalleſt change in the conflitution is attend ed with the ruin of its principles	131

Sure methods of preferving the three principles	132

Chap Page 17 Diftinctive properties of a monarchy	133

Particular cafe of the Spanish monarchy 234	134

Diftinctive properties of a defpotic government ibid 20 Confequence of the preceding chapters	135

Of Laws in the Relation they bear to a Defenfive Force Chap Page 1 In what manner republics provide for their ſafety	138

That a confederate government ought to be compofed of ſtates of the fame nature eſpecially of the repub lican kind	140

In what manner defpotic goverments provide for their fecurity	140

In what part a monarchical government provides for its fecurity	142

Of the defenfive force of the ſtates in general ibid 7 A reflection	144

Of the relative force of ftates	145

Chap Page 1 Of offenfive force	146

Of war ibid 3 Of the right of conqueft	147

28	149

Gelon king of Syracuſe	151

The fame fubject continued	152

The fame fubject continued	153

Of one monarchy that fubdues another	154

Of the manners of a conquered people	155

Alexander	156

Charles XII 1 58	158

New methods of preferving a conquest	159

Of conquefts made by a defpotic prince	160

Of the Laws that form Political Liberty with regard to the Conflitution Chap Page 1 A general idea	161

The fame fubject continued ibid BOOK XI	162

In what liberty confists	163

The fame fubject continued ibid 5 Of the end or view of different governments	164

Of the monarchies we are acquainted with	176

Ariftotles manner of thinking	178

Of the kings of the heroic times of Greece	179

BOOK IV	180

General reflections on the ſtate of Rome after the ex	182

In what manner the diſtribution of the three powers began to change after the expulfion of the kings	183

In what manner Rome while in the flouriſhing ſtate	185

Of the legiſlative powers in the Roman republic 187	187

Of the executive power in the fame republic	188

Of the judiciary power in the Roman government 190	190

Of the government of the Roman provinces	196

End of this hook	198

Of the Laws that form Polilical Liberty as relative to the Subject Chap Page 1 Idea of this book	199

Of the liberty of the fubject	200

The fame fubject continued	201

Of certain accufations that require particular modera tion and prudence	204

Of the crime againſt nature	205

Of the crime of high treafon	207

The fame fubject continued	209

Chap Page 11 Of thoughts	210

Of indifcreet ſpeeches	211

Of writings	212

Breach of modeſty in puniſhing crimes	213

Of the infranchiſement of flaves in order to accufe their maſter	214

Of calumny in refpect to the crime of hightreafon	215

How dangerous it is in republics to be too fevere in puniſhing the crime of hightreaſon	216

Of the regard which monarchs owe to their fubjes ibid 29 Of the civil laws proper for mixing a little liberty	225

a defpotic government	226

Of the Relation which the levying of Taxes and the Greatness of the public Revenues have to Liberty Chap Page 1 Of the revenues of the ſtate	227

That it is bad reafoning to fay that the greatnefs of the taxes is good in its own nature	228

Of taxes in countries where part of the people are villains or bondmen	229

Of a defpotic government in the like cafe	230

In what manner the illufion is preferved	232

Of a bad kind of impoft	233

That the greatnefs of taxes depends on the nature of the government	234

Relation between the greatneſs of taxes and liberty	235

In what governments taxes are capable of increaſe	236

That the nature of the taxes is relative to the govern ment	237

Abuſe of liberty	238

Of the conquefts of the Mahometans	239

Of an exemption from taxes	240

Which is moſt ſuitable to the prince and to the peo ple the letting out to farm or the adminiſtration of the revenues	241

Of the farmers of the revenues	242

Chap Page 1 General idea	243

Contradiction in the characters of fome fouthern na tions 147	247

Caufe of the immutability of religion manners cuf toms and laws in the eaſtern countries	248

Of the cultivation of lands in warm climates	249

Of monachiſm	250

An excellent cuftom of China ibid 9 Means of encouraging induſtry	251

Of the laws relative to the fobriety of the people ibid 11 Of the laws relative to the distempers of the climate	253

Of the laws againſt ſuicides	255

Other effects of the climate	257

Of the different confidence which the laws have in the people according to the difference of climates	258

In what Manner the Laws of Civil Slavery are rela tive to the Nature of the Climate Chap Page 1 Of civil flavery	259

Origin of the right of flavery among the Roman civi	260

Another origin of the right of ſlavery	262

Of the flavery of the Negroes	263

The true origin of the right of flavery	264

Another origin of the right of ſlavery	265

Inutility of flavery among us ibid 9 Several kinds of flavery	266

Regulations neceffary in reſpect to ſlavery	267

Abuſes of flavery ibid 12 Danger from the multitude of flaves	268

Of armed flaves	269

The fame fubject continued	270

Precautions to be uſed in moderate governments	271

Regulations between masters and flaves	273

Of infranchiſements	274

Of freedmen and eunuchs	276

How the Laws of Domeftic Slavery have a Relation to the Nature of the Climate	277

Chap Page 1 Of domeſtic fervitude	278

That a plurality of wives depends greatly on the means of fupporting them	279

That the law of polygamy is an affair that depends on calculation	280

The reafon of a law of Malabar	281

Of polygamy confidered in itſelf ibid 7 Of an equality of treatment in cafe of many wives	282

Of the feparation of women from men	283

The principle on which the morals of the Eaſt are founded	284

Of domeſtic flavery independently of polygamy	286

Of natural modeſty ibid 13 Of jealoufy	287

Of the eastern manner of domeftic government	288

Of repudiation and divorce amongst the Romans 290	290

How the Laws of Political Servitude have a Relation	292

Of Laws in the Relation they bear to the Nature	300

Of favage nations and nations of barbarians	306

Tartars	311

Of the law of nations as practiſed by the Tartars	312

The civil laws of the Tartars ibid 22 Of a civil law of the German nations	313

Of the ornaments of royalty	318

Of the marriages of the kings of the Franks	319

Childeric ibid 26 Of the time when the kings of the Franks became of age	320

The fame fubject continued	321

Of the fanguinary temper of the kings of the Franks	322

Of the national affemblies of the Franks	323

Of the authority of the clergy under the firſt race	324

Chap Page 1 Of the fubject of this book	325

Of tyranny	326

Of the general Spirit of mankind	327

That every thing ought not to be corrected	328

Of the Athenians and Lacedæmonians	329

Of the characters of the Spaniards and Chineſe	331

A reflection	332

Of cuſtoms and manners in a defpotic ſtate ibid 13 Of the customs of the Chineſe	333

The influence of domeftic government on the politi cal	335

Of the peculiar quality of the Chineſe government	336

A confequence drawn from the preceding chapter	337

How this union of religion laws manners and cuf toms amongſt the Chineſe was produced	338

An explication of a paradox relating to the Chineſe	339

Chap Page	340

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The Spirit of Laws, Volume 1
Charles de Secondat baron de Montesquieu
Full view - 1773

Common terms and phrases

abuſe accufed Afia againſt alfo almoſt alſo arife aristocracy becauſe Befides body cafe caufe cauſe CHAP citizens civil climate confequence confifts conftitution conqueft conquered corrupted crimes cuſtoms decemvirs defire defpotic government democracy deſtroyed divifion eftates emperour empire equal eſtabliſhed exerciſe faid fame fays fecurity feems fenate fenfible feveral fhall fhare fhould fingle firſt flavery flaves fociety fome meaſure foon ftate fubfiftence fubject fubvert fuch fufficient fupport Hence hiftory himſelf honour increaſe inftitutions intereft itſelf judge kings laws leaſt lefs legiflator liberty likewife Livy luxury mafter magiftrates manner ment moderate moft monarchies morals moſt muſt nations nature neceffary nobility obferved obliged occafion paffions perfon Plato pleaſed pleaſures Plutarch poffible political prefent prefervation prince prince's principle puniſhments reafon render republic reſpect Romans Rome Servius Tullius ſeveral Sparta ſpirit ſtate Tacitus thefe themſelves theſe thing thofe thoſe tion tribunal twelve tables uſe virtue whofe

Popular passages

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Page 161 - In governments, that is, in societies directed by laws, liberty can consist only in the power of doing what we ought to will, and in not being constrained to do what we ought not to will.‎

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Bibliographic information

Title	The Spirit of Laws, Volume 1 The Spirit of Laws, Charles de Secondat baron de Montesquieu
Author	Charles de Secondat baron de Montesquieu
Edition	5
Publisher	P. Dodesley, 1794
Original from	Oxford University
Digitized	6 Dec 2006

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