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

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book XX.: of laws in relation to commerce, considered in its nature and distinctions.

chap. I.: of commerce.

chap. II.: of the spirit of commerce.

chap. III.: of the poverty of the people.

chap. IV.: of commerce in different governments.

chap. V.: of nations that have entered into an economical commerce.

chap. VI.: some effects of an extensive navigation.

chap. VII.: the spirit of england, with respect to commerce.

chap. VIII.: in what manner the economical commerce has been sometimes restrained.

chap. IX.: of the prohibition of commerce.

chap. X.: an institution adapted to economical commerce.

chap. XI.: the same subject continued.

chap. XII.: of the freedom of commerce.

chap. XIII.: what it is that destroys this liberty.

chap. XIV.: the laws of commerce concerning the confiscation of merchandises.

chap. XV.: of seizing the persons of merchants.

chap. XVI.: an excellent law.

chap. XVII.: a law of rhodes.

chap. XVIII.: of the judges of commerce.

chap. XIX.: that a prince ought not to engage himself in commerce.

chap. XX.: the same subject continued.

chap. XXI.: of the commerce of the nobility in a monarchy.

chap. XXII.: a singular reflection.

chap. XXIII.: to what nations commerce is prejudicial.

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book XXI.: of laws relative to commerce, considered in the revolutions it has met with in the world.

chap. I.: some general considerations.

chap. II.: of the people of africa.

chap. III.: that the wants of the people in the south are different from those of the north.

chap. IV.: the principal difference between the commerce of the ancients and the moderns.

chap. V.: other differences.

chap. VI.: of the commerce of the ancients.

chap. VII.: of the commerce of the greeks.

chap. VIII.: of alexander. his conquest.

chap. IX.: of the commerce of the grecian kings after the death of alexander.

chap. X.: of the circuit of africa.

chap. XI.: of carthage and marseilles.

chap. XII.: the isle of delos. mithridates.

chap. XIII.: of the genius of the romans as to maritime affairs.

chap. XIV.: of the genius of the romans with respect to commerce.

chap. XV.: of the commerce of the romans with the barbarians.

chap. XVI.: of the commerce of the romans with arabia, and the indies.

chap. XVII.: of commerce after the destruction of the western empire.

chap. XVIII.: a particular regulation.

chap. XIX.: of commerce after the decay of the roman power in the east.

chap. XX.: how commerce broke through the barbarism of europe.

chap. XXI.: the discovery of two new worlds, and in what manner europe is affected by it.

chap. XXII.: of the riches which spain drew from america.

chap. XXIII.: a problem.

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book XXII.: of laws in relation to the use of money.

chap. I.: the reason of the use of money.

chap. II.: of the nature of money.

chap. III.: of ideal money.

chap. IV.: of the quantity of gold and silver.

chap. V.: the same subject continued.

chap. VI.: the reason why interest was lowered one half after the conquest of the indies.

chap. VII.: how the price of things is fixed in the variation of the sign of riches.

chap. VIII.: the same subject continued.

chap. IX.: of the relative scarcity of gold and silver.

chap. X.: of exchange.

chap. XI.: of the proceedings of the romans with respect to money.

chap. XII.: the circumstances in which the romans changed the value of their specie.

chap. XIII.: proceedings with respect to money in the time of the emperors.

chap. XIV.: how the exchange is a constraint on despotic power.

chap. XV.: the practice of some countries in italy

chap. XVI.: the assistance a state may derive from bankers.

chap. XVII.: of public debts.

chap. XVIII.: of the payment of public debts.

chap. XIX.: of lending upon interest.

chap. XX.: of maritime usury.

chap. XXI.: of lending by contract, and the state of usury amongst the romans.

chap. XXII.: the same subject continued.

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book XXIII.: of laws in the relation they bear to the number of inhabitants.

chap. I.: of men and animals, with respect to multiplication of their species.

chap. II.: of marriage.

chap. III.: of the condition of children.

chap. IV.: of families.

chap. V.: of the several orders of lawful wives.

chap. VI.: of bastards in different governments.

chap. VII.: of the father’s consent to marriage.

chap. VIII.: the same subject continued.

chap. IX.: of young women.

chap. X.: what it is that determines to marriage.

chap. XI.: of the severity of government.

chap. XII.: of the number of males and females in different countries.

chap. XIII.: of sea-port towns.

chap. XIV.: of the productions of the earth which require a greater or less number of men.

chap. XV.: of the number of inhabitants with relation to the arts.

chap. XVI.: the concern of the legislator in the propagation of the species.

chap. XVII.: of greece, and the number of its inhabitants.

chap. XVIII.: of the state and number of people before the romans.

chap. XIX.: of the depopulation of the globe.

chap. XX.: that the romans were under a necessity of making laws, to encourage the propagation of the species.

chap. XXI.: of the laws of the romans relating to the propagation of the species.

chap. XXII.: of the exposing of children.

chap. XXIII.: of the state of the world after the destruction of the romans.

chap. XXIV.: the changes which happened in europe, with regard to the number of the inhabitants.

chap. XXV.: the same subject continued.

chap. XXVI.: consequences.

chap. XXVII.: of the law made in france to encourage the propagation of the species.

chap. XXVIII.: by what means we may remedy a depopulation.

chap. XXIX.: of hospitals.

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book XXIV.: of laws as relative to religion, considered in itself, and in its doctrines.

chap. I.: of religion in general.

chap. II.: a paradox of mr. bayle’s.

chap. III.: that a moderate government is most agreeable to the christian religion, and a despotic government to the mahometan.

chap. IV.: consequences from the character of the christian religion, and that of the mahometan.

chap. V.: that the catholic religion is most agreeable to a monarchy, and the protestant to a republic.

chap. VI.: another of mr. bayle’s paradoxes.

chap. VII.: of the laws of perfection in religion.

chap. VIII.: of the connection between the moral laws and those of religion.

chap. IX.: of the essenes.

chap. X.: of the sect of stoics.

chap. XI.: of contemplation.

chap. XII.: of penances.

chap. XIII.: of inexpiable crimes.

chap. XIV.: in what manner religion has an influence on civil laws.

chap. XV.: how false religious are sometimes corrected by the civil laws.

chap. XVI.: how the laws of religion correct the inconveniencies of a political constitution.

chap. XVII.: the same subject continued.

chap. XVIII.: how the laws of religion have the effect of civil laws.

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 of it.

chap. XX.: the same subject continued.

chap. XXI.: of the metempsychosis.

chap. XXII.: that it is dangerous for religion to inspire an aversion for things in themselves indifferent.

chap. XXIII.: of festivals.

chap. XXIV.: of the local laws of religion.

chap. XXV.: the inconveniency of transplanting a religion from one country to another.

chap. XXVI.: the same subject continued.

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book XXV.: of laws as relative to the establishment of religion and its external polity.

chap. I.: of religious sentiments.

chap. II.: of the motives of attachment to different religions.

chap. III.: of temples.

chap. IV.: of the ministers of religion.

chap. V.: of the bounds which the laws ought to prescribe to the riches of the clergy.

chap. VI.: of monasteries.

chap. VII.: of the luxury of superstition.

chap. VIII.: of the pontificate.

chap. IX.: of toleration in point of religion.

chap. X.: the same subject continued.

chap. XI.: of changing a religion.

chap. XII.: of penal laws.

chap. XIII.: a most humble remonstrance to the inquisitors of spain and portugal.

chap. XIV.: why the christian religion is so odious in japan.

chap. XV.: of the propagation of religion.

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book XXVI.: of laws, as relative to the order of things on which they determine.

chap. I.: idea of this book.

chap II.: of laws divine and human.

chap. III.: of civil laws contrary to the law of nature.

chap. IV.: the same subject continued.

chap. V.: cases in which we may judge by the principles of the civil law, in limiting the principles of the law of nature.

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.

chap. VII.: that we ought not to decide by the precepts of religion, what belongs only to the law of nature.

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.

chap. IX.: that things which ought to be regulated by the principles of civil law, can seldom be regulated by those of religion.

chap. X.: in what case we ought to follow the civil law which permits, and not the law of religion which forbids.

chap. XI.: that human courts of justice should not be regulated by the maxims of those tribunals which relate to the other life.

chap. XII.: the same subject continued.

chap. 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.

chap. XIV.: in what instances marriages between relations should be regulated by the laws of nature; and in what instances by the civil laws.

chap. XV.: that we should not regulate by the principles of political law, those things which depend on the principles of civil law.

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.

chap. XVII.: the same subject continued.

chap. XVIII.: that it is necessary to enquire, whether the laws which seem contradictory, are of the same class.

chap. XIX.: that we should not decide those things by the civil law, which ought to be decided by domestic laws.

chap. XX.: that we ought not to decide by the principles of the civil law, those things which belong to the law of nations.

chap. XXI.: that we should not decide by political laws, things which belong to the law of nations.

chap. XXII.: the unhappy state of the ynca athualpa.

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.

chap. XXIV.: that the regulations of the police are of a different class from other civil laws.

chap. 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.

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book XXVII.: of the origin and revolutions of the roman laws on successions.

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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.

chap. II.: that the laws of the barbarians were all personal.

chap. III.: capital difference between the salic laws and those of the visigoths and burgundians.

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.

chap. V.: the same subject continued.

chap. VI.: how the roman law kept its ground in the demesne of the lombards.

chap. VII.: how the roman law came to be lost in spain.

chap. VIII.: a false capitulary.

chap. IX.: in what manner the codes of barbarian laws, and the capitularies came to be lost.

chap. X.: the same subject continued.

chap. XI.: other causes of the disuse of the codes of barbarian laws, as well as of the roman law, and of the capitularies.

chap. XII.: of local customs. revolution of the laws of barbarous nations, as well as of the roman law.

chap. XIII.: difference between the salic law, or that of the salian franks, and that of the ripuarian franks, and other barbarous nations.

chap. XIV.: another difference.

chap. XV.: a reflection.

chap. XVI.: of the ordeal, or trial by boiling water, established by the salic law.

chap. XVII.: particular notions of our ancestors.

chap. XVIII.: in what manner the custom of judicial combats gained ground.

chap. XIX.: a new reason of the disuse of the salic and roman laws, as also of the capitularies.

chap. XX.: origin of the point of honour.

chap. XXI.: a new reflection upon the point of honour among the germans.

chap. XXII.: of the manners relative to judicial combats.

chap. XXIII.: of the code of laws on judicial combats.

chap. XXIV.: rules established in the judicial combat.

chap. XXV.: of the bounds prescribed to the custom of judicial combats.

chap. XXVI.: of the judiciary combat between one of the parties, and one of the witnesses.

chap. XXVII.: of the judicial combat between one of the parties, and one of the lord’s peers. appeal of false judgment.

chap. XXVIII.: of the appeal of default of justice.

chap. XXIX.: epoch of the reign of st. lewis.

chap. XXX.: observations on appeals.

chap. XXXI.: the same subject continued.

chap. XXXII.: the same subject continued.

chap. XXXIII.: the same subject continued.

chap. XXXIV.: in what manner the proceedings at law became secret.

chap. XXXV.: of the costs.

chap. XXXVI.: of the public prosecutor.

chap. XXXVII.: in what manner the institutions of st. lewis fell into oblivion.

chap. XXXVIII.: the same subject continued.

chap. XXXIX.: the same subject continued.

chap. XL.: in what manner the judiciary forms were borrowed from the decretals.

chap. XLI.: flux and reflux of the ecclesiastic and temporal jurisdiction.

chap. XLII.: the revival of the roman law, and the result thereof. change in the tribunals.

chap. XLIII.: the same subject continued.

chap. XLIV.: of the proof by witnesses.

chap. XLV.: of the customs of france.

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book XXIX.: of the manner of composing laws.

chap. I.: of the spirit of a legislator.

chap. II.: the same subject continued.

chap. III.: that the laws which seem to deviate from the views of the legislator, are frequently agreeable to them.

chap. IV.: of the laws contrary to the views of the legislator.

chap. V.: the same subject continued.

chap. VI.: that laws which appear the same, have not always the same effect.

chap. VII.: the same subject continued. necessity of composing laws in a proper manner.

chap. VIII.: that laws which appear the same, were not always made through the same motive.

chap. IX.: that the greek and roman laws punished suicide, but not through the same motive.

chap. X.: that laws which seem contrary, proceed sometimes from the same spirit.

chap. XI.: how we are to judge of the difference of laws.

chap. XII.: that laws which appear the same, are sometimes really different.

chap. XIII.: that we must not separate laws from the end for which they were made. of the roman laws on theft.

chap. XIV.: that we must not separate the laws from the circumstances in which they were made.

chap. XV.: that sometimes it is proper the law should amend itself.

chap. XVI.: things to be observed in the composing of laws.

chap. XVII.: a bad method of giving laws.

chap. XVIII.: of the ideas of uniformity.

chap. XIX.: of legislators.

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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.

chap. II.: of the source of feudal laws.

chap. III.: the origin of vassalage.

chap. IV.: the same subject continued.

chap. V.: of the conquests of the franks.

chap. VI.: of the goths, burgundians, and franks.

chap. VII.: different ways of dividing the land.

chap. VIII.: the same subject continued.

chap. IX.: a just application of the law of the burgundians and of that of the visigoths in relation to the division of lands.

chap. X.: of servitudes.

chap. XI.: the same subject continued.

chap. XII.: that the lands belonging to the division of the barbarians paid no taxes.

chap. XIII.: of taxes paid by the romans and gauls, in the monarchy of the franks.

chap. XIV.: of what they called census.

chap. XV.: that what they called census was raised only on the bondmen, and not on the freemen.

chap. XVI.: of the feudal lords or vassals.

chap. XVII.: of the military service of freemen.

chap. XVIII.: of the double service.

chap. XIX.: of compositions among the barbarous nations.

chap. XX.: of what was afterwards called the jurisdiction of the lords.

chap. XXI.: of the territorial jurisdiction of the churches.

chap. XXII.: that the jurisdictions were established before the end of the second race.

chap. XXIII.: general idea of the abbé du bos’s book on the establishment of the french monarchy in gaul.

chap. XXIV.: the same subject continued. reflection on the main part of the system.

chap. XXV.: of the french nobility.

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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.

chap. II.: how the civil government was reformed.

chap. III.: authority of the mayors of the palace.

chap. IV.: of the genius of the nation in regard to the mayors.

chap. V.: in what manner the mayors obtained the command of the armies.

chap. VI.: second epocha of the humiliation of our kings of the first race.

chap. VII.: of the great offices and fiefs under the mayors of the palace.

chap. VIII.: in what manner the allodial estates were changed into fiefs.

chap. IX.: how the church-lands were converted into fiefs.

chap. X.: riches of the clergy.

chap. XI.: state of europe at the time of charles martel.

chap. XII.: establishment of the tithes.

chap. XIII.: of the election of bishops and abbots.

chap. XIV.: of the fiefs of charles martel.

chap. XV.: the same subject continued.

chap. XVI.: confusion of the royalty and mayoralty. the second race.

chap. XVII.: a particular circumstance in the election of the kings of the second race.

chap. XVIII.: charlemaign.

chap. XIX.: the same subject continued.

chap. XX.: lewis the debonnaire.

chap. XXI.: the same subject continued.

chap. XXII.: the same subject continued.

chap. XXIII.: the same subject continued.

chap. XXIV.: that the freemen were rendered capable of holding fiefs.

chap. XXV.: the principal cause of the humiliation of the second race. changes in the allodia.

chap. XXVI.: changes in the fiefs.

chap. XXVII.: another change which happened in the fiefs.

chap. XXVIII.: changes which happened in the great offices, and in the fiefs.

chap. XXIX.: of the nature of the fiefs after the reign of charles the bald.

chap. XXX.: the same subject continued.

chap. XXXI.: in what manner the empire was transferred from the family of charlemaign.

chap. XXXII.: in what manner the crown of france was transferred to the house of hugh capet.

chap. XXXIII.: some consequences of the perpetuity of fiefs.

chap. XXXIV.: the same subject continued.

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The Complete Works of Montesquieu. Electronic Edition.

Volume II.

Body

BOOK XXVIII.: OF THE ORIGIN AND REVOLUTIONS OF THE CIVIL LAWS AMONG THE FRENCH.

CHAP. VIII.: A false Capitulary.

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CHAP. VIII.: A false Capitulary.

DID not that wretched compiler Benedictus Levita attempt to transform this Visigoth establishment, which prohibited the use of the Roman law, into a capitulary ^†577, ascribed since to Charlemaign? He made of this particular institution a general one, as if he intended to exterminate the Roman law throughout the universe.

CHAP. VIII.: A false Capitulary.