The Complete Works of Montesquieu. Electronic Edition. :: Volume I. ::

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Volume I.

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book I.: of laws in general.

book II.: of laws directly derived from the nature of government.

book III.: of the principles of the three kinds of government.

book IV.: that the laws of education ought to be relative to the principles of government.

book V.: that the laws, given by the legislator, ought to be relative to the principle of government.

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book 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.

chap. I.: of the simplicity of civil laws in different governments.

chap. II.: of the simplicity of criminal laws in different governments.

chap. III.: in what governments, and in what cases, the judges ought to determine according to the express letter of the law.

chap. IV.: of the manner of passing judgement.

chap. V.: in what governments the sovereign may be judge.

chap. VI.: that, in monarchies, ministers ought not to sit as judges.

chap. VII.: of a single magistrate.

chap. VIII.: of accusation in different governments.

chap. IX.: of the severity of punishments in different governments.

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chap. X.: of the ancient french laws.

chap. XI.: that, when people are virtuous, few punishments are necessary.

chap. XII.: of the power of punishments.

chap. XIII.: insufficiency of the laws of japan.

chap. XIV.: of the spirit of the roman senate.

chap. XV.: of the roman laws in respect to punishments.

chap. XVI.: of the just proportion betwixt punishments and crimes.

chap. XVII.: of the rack.

chap. XVIII.: of pecuniary and corporal punishments.

chap. XIX.: of the law of retaliation.

chap. XX.: of the punishment of fathers for the crimes of their children.

chap. XXI.: 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.

book VIII.: of the corruption of the principles of the three governments.

book IX.: of laws, in the relation they bear to a defensive force.

book X.: of laws, in the relation they bear to offensive force.

book XI.: of the laws which establish political liberty, with regard to the constitution.

book XII.: of the laws that form political liberty, as relative to the subject.

book XIII.: of the relation which the levying of taxes and the greatness of the public revenues have to liberty.

book XIV.: of laws as relative to the nature of the climate.

book XV.: in what manner the laws of civil slavery are relative to the nature of the climate.

book XVI.: how the laws of domestic slavery have a relation to the nature of the climate.

book XVII.: how the laws of political servitude have a relation to the nature of the climate.

book XVIII.: of laws in the relation they bear to the nature of the soil.

book XIX.: of laws, in relation to the principles which form the general spirit, the morals, and customs, of a nation.

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The Complete Works of Montesquieu. Electronic Edition.

Volume I.

Body

BOOK 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.

CHAP. X.: Of the ancient French Laws.

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CHAP. X.: Of the ancient French Laws.

IN the ancient French laws we find the true spirit of monarchy. In cases relating to pecuniary mulcts, the common people are less severely punished than the nobility ^†165: but in criminal ^†166 cases it is quite the

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reverse; the nobleman loses his honour and his voice in court, while the peasant, who has no honour to lose, undergoes a corporal punishment.

CHAP. X.: Of the ancient French Laws.