FrontmatterTitlepageThe 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 |