the spirit of laws-第7章
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10。 That Laws Which Seem Contrary Proceed Sometimes from the Same Spirit
11。 How to Compare Two Different Systems of Laws
12。 That Laws Which Appear the Same Are Sometimes Really Different
13。 That We Must Not Separate Laws from the End for Which They Were Made： of the Roman Laws on Theft
14。 That We Must Not Separate the Laws from the Circumstances in Which They Were Made
15。 That Sometimes It Is Proper the Law Should Amend Itself
16。 Things to Be Observed in the Composing of Laws
17。 A bad Method of Giving Laws
18。 Of the Ideas of Uniformity
19。 Of Legislators
Book XXX。 Theory of the Feudal Laws among the Franks in the Relation They Bear to the Establishment of the Monarchy
1。 Of Feudal Laws
2。 Of the Source of Feudal Laws
3。 The Origin of Vassalage
4。 The Same Subject Continued
5。 Of the Conquests of the Franks
6。 Of the Goths； Burgundians； and Franks
7。 Different Ways of Dividing the Land
8。 The Same Subject Continued
9。 A Just Application of the Law of the Burgundians； and of That of the Visigoths； in Relation to the Division of Lands
10。 Of Servitudes
11。 The Same Subject Continued
12。 That the Lands Belonging to the Division of the Barbarians Paid No Taxes
13。 Of Taxes Paid by the Romans and Gauls； in the Monarchy of the Franks
14。 Of What They Called Census
15。 That What They Called Census Was Raised Only on the Bondmen and Not on the Freemen
16。 Of the Feudal Lords or Vassals
17。 Of the Military Service of Freemen
18。 Of the Double Service
19。 Of Compositions among the Barbarous Nations
20。 Of What Was Afterwards Called the Jurisdiction of the Lords
21。 Of the Territorial Jurisdiction of the Churches
22。 That the Jurisdictions Were Established before the End of the Second Race
23。 General Idea of the Abbé Du Bos' Book on the Establishment of the French Monarchy in Gaul
24。 The Same Subject Continued。 Reflection on the Main Part of the System
25。 Of the French Nobility
Book XXXI。 Theory of the Feudal Laws among the Franks； in the Relation They Bear to the Revolutions of their Monarchy
1。 Changes in the Offices and in the Fiefs。 Of the Mayors of the Palace
2。 How the Civil Government Was Reformed
3。 Authority of the Mayors of the Palace
4。 Of the Genius of the Nation in Regard to the Mayors
5。 In What Manner the Mayors Obtained the Command of the Armies
6。 Second Epoch of the Humiliation of Our Kings of the First Race
7。 Of the Great Offices and Fiefs under the Mayors of the Palace
8。 In What Manner the Allodial Estates Were Changed into Fiefs
9。 How the Church Lands Were Converted into Fiefs
10。 Riches of the Clergy
11。 State of Europe at the Time of Charles Martel
12。 Establishment of the Tithes
13。 Of the Election of Bishops and Abbots
14。 Of the Fiefs of Charles Martel
15。 The Same Subject Continued
16。 Confusion of the Royalty and Mayoralty。 The Second Race
17。 A Particular Circumstance in the Election of the Kings of the Second Race
18。 Charlemagne
19。 The Same Subject Continued
20。 Louis the Debonnaire
21。 The Same Subject Continued
22。 The Same Subject Continued
23。 The Same Subject Continued
24。 That the Freemen Were Rendered Capable of Holding Fiefs
25。 The Principal Cause of the Humiliation of the Second Race。 Changes in the Allodia
26。 Changes in the Fiefs
27。 Another change Which Happened in the Fiefs
28。 Changes Which Happened in the Great Offices and in the Fiefs
29。 Of the Nature of the Fiefs after the Reign of Charles the Bald
30。 The Same Subject Continued
31。 In What Manner the Empire Was Transferred from the Family of Charlemagne
32。 In What Manner the Crown of France Was Transferred to the House of Hugh Capet
33。 Some Consequences of the Perpetuity of Fiefs
34。 The Same Subject Continued
PREFACE
IF amidst the infinite number of subjects contained in this book there is anything which； contrary to my expectation； may possibly offend； I can at least assure the public that it was not inserted with an ill intention： for I am not naturally of a captious temper。 Plato thanked the gods that he was born in the same age with Socrates： and for my part I give thanks to the Supreme that I was born a subject of that government under which I live； and that it is His pleasure I should obey those whom He has made me love。
I beg one favour of my readers； which I fear will not be granted me； this is； that they will not judge by a few hours' reading of the labour of twenty years； that they will approve or condemn the book entire； and not a few particular phrases。 If they would search into the design of the author； they can do it in no other way so completely as by searching into the design of the work。
I have first of all considered mankind； and the result of my thoughts has been； that amidst such an infinite diversity of laws and manners； they were not solely conducted by the caprice of fancy。
I have laid down the first principles； and have found that the particular cases follow naturally from them； that the histories of all nations are only consequences of them； and that every particular law is connected with another law； or depends on some other of a more general extent。
When I have been obliged to look back into antiquity； I have endeavoured to assume the spirit of the ancients； lest I should consider those things as alike which are really different； and lest I should miss the difference of those which appear to be alike。
I have not drawn my principles from my prejudices； but from the nature of things。
Here a great many truths will not appear till we have seen the chain which connects them with others。 The more we enter into particulars； the more we shall perceive the certainty of the principles on which they are founded。 I have not even given all these particulars； for who could mention them all without a most insupportable fatigue？
The reader will not here meet with any of those bold flights which seem to characterise the works of the present age。 When things are examined with never so small a degree of extent； the sallies of imagination must vanish； these generally arise from the mind's collecting all its powers to view only one side of the subject； while it leaves the other unobserved。
I write not to censure anything established in any country whatsoever。 Every nation will here find the reasons on which its maxims are founded； and this will be the natural inference； that to propose alterations belongs only to those who are so happy as to be born with a genius capable of penetrating the entire constitution of a state。
It is not a matter of indifference that the minds of the people be enlightened。 The prejudices of magistrates have arisen from national prejudice。 In a time of ignorance they have committed even the greatest evils without the least scruple； but in an enlightened age they even tremble while conferring the greatest blessings。 They perceive the ancient abuses； they see how they must be reformed； but they are sensible also of the abuses of a reformation。 They let the evil continue； if they fear a worse； they are content with a lesser good； if they doubt a greater。 They examine into the parts； to judge of them in connection； and they examine all the causes； to discover their different effects。
Could I but succeed so as to afford new reasons to every man to love his prince； his country； his laws； new reasons to render him more sensible in every nation and government of the blessings he enjoys； I should think myself the most happy of mortals。
Could I but succeed so as to persuade those who command； to increase their knowledge in what they ought to prescribe； and those who obey； to find a new pleasure resulting from obedience I should think myself the most happy of mortals。
The most happy of mortals should I think myself could I contribute to make mankind recover from their prejudices。 By prejudices I here mean； not that which renders men ignorant of some particular things； but whatever renders them ignorant of themselves。
It is in endeavouring to instruct mankind that we are best able to practise that general virtue which comprehends the love of all。 Ma
