z See the Capitulary of the year 8i7, a See his two letters upon this subwhich contains the first partition made ject, the title of one of which is " de by Louis the Debonnaire among his divisione imperii."
children. b See the ordinance of Philip Augustus, in the year 1209, on the nefs.
264 MONTESQUIEU custom had fixed it to one year's income. This was burdensome and inconvenient to the vassal, and affected in some measure the fief itself. It was often agreed in the act of homage that the lord should no longer demand more than a certain sum of money for the redemption, which, by the changes incident to money, became afterwards of no manner of importance.^ Thus the right of redemption is in our days reduced almost to noth- ing, while that of the lord's dues is continued in its full extent. As this right concerned neither the vassal nor his heirs, but was a fortuitous case which no one was obliged to foresee or expect, these stipulations were not made, and they continued to pay a certain part of the price.
When the fiefs were for life, they could not give a part of a fief to hold in perpetuity as a rear-fief; for it would have been absurd that a person who had only the usufruct of a thing should dispose of the property of it. But when they became perpetual, this was permitted,<^ with some restrictions made by the customs, which was what they call dismembering their fief.^ The perpetuity of feudal tenures having established the right of redemption, the daughters were rendered capable of succeed- ing to a fief, in default of male issue. For when the lord gave the fief to his daughter, he multiplied the cases of his right of re- demption, because the husband was obliged to pay it as well as the wiie.f This regulation could not take place in regard to the crown, for as it was not held of anyone there could be no right of redemption over it.
The daughter of William V, Count of Toulouse, did not suc- ceed to the county. But Eleanor succeeded to Aquitaine, and Matilda to Normandy; and the right of the succession of females seemed so well established in those days, that Louis the Young, after his divorce from Eleanor, made no difficulty in restoring Guienne to her. But as these two last instances followed close on the first, the general law by which the women were called to the succession of fiefs must have been introduced much later into the county of Toulouse than into the other provinces of France.^ c We find several of these conventions e They fixed the portion which they in the charters, as in the register book could dismember. ^v ^ ^,,.
of Vendome, and that of the abbey m f This was the reason that the lords St Cyprian in Poitou, of which Mr. obliged the widow to marry again. _ Galland has given some extracts, p. 55- g Most of the great families had their d But they could not abridge the particular laws of succession, bee what fiefs; that is, abolish a portion of it. M. de la Thaumassi.ere says concerning the families of Bern.
THE SPIRIT OF LAWS 265 The constitution of several kingdoms of Europe has been di- rected by the state of feudal tenures at the time when those king- doms were founded. The women succeeded neither to the crown of France nor to the empire, because at the foundation of those two monarchies they were incapable of succeeding to fiefs. But they succeeded in kingdoms whose foundation was posterior to that of the perpetuity of the fiefs, such as those founded by the Normans, those by the conquests made on the Moors, and others, in fine, which were beyond the limits of Germany, and in later times received in some measure a second birth by the estab- lishment of Christianity.
When these fiefs were at will, they were given to such as were capable of doing service for them, and, therefore, were never be- stowed on minors; but when they became perpetual, the lords took the fief into their own hands, till the pupil came of age, either to increase their own emoluments, or to train the ward to the use of arms.A This is what our customs call " the guardian- ship of a nobleman's children," which is founded on principles different from those of tutelage, and is entirely a distinct thing from it.
When the fiefs were for life, it was customary to vow fealty for a fief; and the real delivery, which was made by a sceptre, con- firmed the fief, as it is now confirmed by homage. We do not find that the counts, or even the king's commissaries, received the homage in the provinces; nor is this ceremony to be met with in the commissions of those officers which have been hand- ed down to us in the Capitularies. They sometimes, indeed, made all the king's subjects take an oath of allegiance; i but so far was this oath from being of the same nature as the service afterwards established by the name of homage, that it was only a ceremony, of less solemnity, occasionally used, either before or after that act of obeisance; in short, it was quite a distinct thing from homage./ h We see in the Capitulary of the year also that of the year 854, art. 13, and 817, " apud Carisiacum," art. 3, Balu- others.
zius's edition, torn. ii. p. 269, the mo-; M. du Cange in the word " homent in which the kings caused the minium," p. 1163, and in the word fiefs to be administered in order to " fidelitas," p. 474, cites the charters of preserve them for the minors; an ex- the ancient homages where these difample followed by the lords, and which ferences are found, and a great number gave rise to what we have mentioned of authorities which may be seen. In by the name of '* the guardianship of a paying homaj?e, the vassal put his hand nobleman's children." on that of his lord, and took his oath; »We find the formula thereof in the the oath of fealty was made by swear- second Capitulary of the year 802. See ing on the gospels. The homage was 266 MONTESQUIEU The counts and the king's commissaries further made those vassals whose fideUty was suspected give occasionally a security, which was called iirmitas,k but this security could not be an hom- age since kings gave it to each other.^ And though the Abbot Suger w makes mention of a chair of Dagobert, in which according to the testimony of antiquity, the kings of France were accustomed to receive the homage of the nobility, it is plain that he expresses himself agreeably to the ideas and language of his own time.
When the fiefs descended to the heirs, the acknowledgment of the vassal, which at first was only an occasional service, became a regular duty. It was performed in a more splendid manner, and attended with more formalities, because it was to be a per- petual memorial of the reciprocal duties of the lord and vassal.
I should be apt to think that homages began to be established under King Pepin, which is the time I mentioned that several benefices were given in perpetuity, but I should not think thus without caution, and only upon a supposition that the authors of the ancient annals of the Franks were not ignorant pretenders," who in describing the fealty professed by Tassillon, Duke of Bavaria, to King Pepin, spoke according to the usages of their own time.o 34. — The same Subject continued When the fiefs were either precarious or for life they seldom bore a relation to any other than the political laws; for which reason in the civil institutions of those times there is very little mention made of the laws of fiefs. But when they became heredi- tary, when there was a power of giving, selling, and bequeathing them, they bore a relation both to the political and the civil laws. The fief considered as an obligation of performing military ser- vice, depended on the political law; considered as a kind of commercial property, it depended on the civil law. This gave rise to the civil regulations concerning feudal tenures.
performed kneeling, the oath of fealty m " Lib. de administratione sua."
standing. None but the lord could re- « Anno 757, chap. xvii.
ceive homage, but his officers might 0 " Tassilo venit in vassatico se comtake the oath of fealty.— See Littleton, mendans, per manus sacramenta juravit sees. 91, 92, faith and homage, that is, multa et innumerabilia, reliquiis sanctofidelity and homage. rum manus imponens et fidelitatem k Capitularies of Charles the Bald in promisit regi Pippino." One would the year 860, " post reditum a Conflu- think that here was an homage and an entibus," art. 3, Baluzius's edition, p. oath of fealty. See the note /, preced- /Ibid. art. i.
mg page.
THE SPIRIT OF LAWS When the fiefs became hereditary, the law relating to the order of succession must have been in relation to the perpetuity of fiefs. Hence this rule of the French law, " estates of inheritance do not ascend," P was estabUshed in spite of the Roman and Salic laws.9 It was necessary that service should be paid for the fief; but a grandfather or a great-uncle would have been too old to per- form any service; this rule thus held good at first only in regard to the feudal tenures, as we learn from Boutillier.*" When the fiefs became hereditary, the lords who were to see that service was paid for the fief, insisted that the females who were to succeed to the feudal estate, and I fancy sometimes the males, should not marry without their consent; insomuch that the marriage contracts became in respect to the nobility both of a feudal and a civil regulation.-? In an act of this kind under the lord's inspection, regulations were made for the succession, with the view that the heirs might pay service for the fief: hence none but the nobility at first had the liberty of disposing of successions by marriage contract, as Boyer t and Aufrerius « have observed.
It is needless to mention that the power of redemption founded on the old right of the relatives, a mystery of our ancient French jurisprudence I have not time to unravel, could not take place with regard to the fiefs till they became perpetual.
Italiam, Italiam "v I finish my treatise of fiefs at a period where most authors commence theirs.
p Book IV. " de feudis," tit. 59.
q In the title of " allodia."
r " Somme Rurale," book I. tit. 76, i According to an ordinance of St. Louis, in the ^ear 1246, to settle the customs of Anjou and Maine; those who shall have the care of the heiress of a fief shall give security to the lord, that she shall not be married without his consent.
M In Capell. Thol. decision 453.
INDEX Abassines, severe lent of the, ii. 64 Abbots and bishops, election of, ii. 240 Accusations in different governments, some requiring particular modera- tion and prudence, i. 187 Accusers, false, branded at Rome, i. 199 Actions, set form of, how introduced, Adoption among the Germans, i. 289 Adulteress, permitted to be accused by her children or the children of her husband, ii. 60 condemned to the ordeal by water among the Germans, ii. iii Adultery, public accusations of, under the Roman law, its beneficial ef- law of the Visigoths, ii. 76 why differently regarded in the hus- band and in the wife, ii. 65 Adymantes, why spared from death, i.
84 Africa, state of people of, i. 332 the circuit of, i. 349 Hanno's voyages, i. 351, 352 Agobard, letter of, ii. 98, 99 Agrarian laws regarded by Cicero as unjust, ii. 73 Agriculture a servile profession among the Greeks, i. 38 honored in China and Persia, i. 227 Alcibiades, praise of, i. 42 Alemans, laws of the, i. 232, 244 Alexander, his career, i. 143 comparison between him and Caesar, his conquests, i. 341 ironical remarks, li. 211 Alexander VI divides the new worlds between the Spaniards and the Portuguese, i. 367 other nations refuse to abide by Alexandria, foundation of, i. 343 and note Allodial lands, law relating to, i. 283 how changed into fiefs, ii. 230 estates, ii. 192 Ambassadors, reason for the privileges America, discovery of, i. 366 its consequences, i. 369 consequences to Spain, i. 370 soil of its productiveness, i. 27s its populousness, i. 275 Amphictyon, law of, not prudent, ii. 158 Amymones, the irresponsil)le rnagis- trates, among the Guidians, i. 158 and note Anastasius, his clemency a mistake, i. 93 Ancestors, particular notions of our, ii.
Ancients, a paradox of the, i. 37 had not a clear idea of monarchy, commerce of the, i. 334 Anius Asellus appoints his daughter his sole heir and executrix, ii. 87 Verres corruptly sets this aside, ii. 87 Annuitants, public, _ why they receive special protection, i. 395 Anonymous letters, i. 202 Anthropophagi, the, i. 350 Antipater, his voting law, i. 15 Antrustios, or vassals, ii. 190 their property, ii. 190 composition for the death of, ii. 213 Appeal or default of justice, ii. 147, Appeal of false judgment, ii. 125 condemned by St. Louis, ii. 125 its danger, ii. 126 remarks, ii. 136 Appius the decemvir, i. 80 Arabia and the Indies, commerce of the Romans with, i. 359 Arabs, liberty of the, i. 279 annual truce, ii. 37 in Barbary, order of succession among the, il. 62 drink of the, i. 228 Areopagus, the, its members chosen for examples of its judgments, i. 70 a court appeal, i. 77 Argives, cruelty of the, i. 84, 85 Ariana, a desert region, i. 342 Aristippus, anecdote of, i. 277^ Aristocracy, its constitution, i. 13 abuses of, i. 13 the best and the worst kinds of, virtue not absolutely requisite in moderation its virtue, i. 49 two principal sources of disorder, corruption of its principle, 1. 112 hereditary aristocracy, 1. 112 Aristodemus, the tyrant of Cumse, i.
Aristotle, on democratic constitutions, on slaves, i. 33 on monarchy, i. 164 his philosophy carried to the west, on the number of children, ii. 11 remark on, ii. i70 Artaxerxes puts all his children to death, i. 61 MONTESQUIEU Artisans little esteemed in the Greek republics, i. 35 Arts, number of inhabitants with rela- tion to the, ii. 9 Asia, climate of, i. 264 consequences resulting therefrom, i.
a country of great empires, i. 268 Asilian law, its provisions, i. 87 Assemblies, public, their number why fixed, i. 9 Asylums, Mosaic law of, ii. 47 Athenians, the, lenient to their slaves, commerce of the, 1. 339 Athenians and Lacedaemonians, the, contrasted, i. 295 Athens, division of the people by So- military strength of, i. 21 marriage law at, i. 43 Athletic arts, their tendency, i. 39 Athualpa, unhappy state of the Ynca, Attainder, bills of, in England, i. 199; Augustus, offence given by, to the Ro- exhorts them to marriage, ii. 13 his law on succession and legacies, this softened by succeeding em- perors, ii. 18 his reforms, ii. 37 Aulus Fulvius put to death by his father, i. 49^ note Aurengzebe, saymg of, ii. 25 Austria, fortune of the House of, i.
Bactrians, horrid custom of the, sup- pressed by Alexander, i. 137 Baetis, the silver mountains of, i. 354 Banker, his gains, i. 387 assistance the state may derive from Bankrupt, Philip II of Spain, 1. 369 _ Bankrupts, French law regarding, ii.
Barbarians, commerce of the Romans laws of the, all personal, n. 94 how these laws came to be lost, Barbarous nations, why easily con- verted, ii. 45 revolution of their laws, ii. 104 Barbary, order of succession among the Arabs in, ii. 62 Basil, the emperor, inconsistent con- duct of, i. 90 Bastards in different governments, ii. 4 disabilities of, ii. 4 Bastons the only weapon allowed to villains, ii. 117 Bathing, ii. 43 Bayle, Mr., a paradox of, ii. 27 another, ii. 31 Beaumanoir, his era, ii. 120 on judicial combats, ii. 116 _ Beggars, have many children, ii. 7 Believre, the President de, his reply to Louis XIII, i. 78 Bensfice, what, ii. 255 Bernard. King of Italy, his barbarous treatment, ii. 247 Bishops exempt from military service, their complaints on the subject, ii, election of, ii. 240 Blind man, strange incapacity of, at Rome, ii. 167 Blows, scale of compensation for, ii. 117 Bondmen, when enfranchised, ii. 153 rated to the census, ii. 187 Bos, Abbe du, his financial theories, ii. general idea of his book, on the es- tablishment of the French monar- chy in Gaul, ii. 207 _ ironical remarks on it, ii. 211 Boulainvilliers, an error of the Count Breaking on the wheel, introduction of the punishment of, i. 83 Brother and sister, marriage of, why permitted, ii. 70 Brothers and sisters in law, marriage why permitted in some countries, ii.
Brunehaut, execution of, n. 218 Brutes, their state as contrasted with that of man, i. 2 Burgundians, laws of the, ii. 93, 97 Caesar, confiscation of goods introduced his law against hoarding money, ii.
his account of the Germans, ii. 171, Calvinists, ravages of the, ii. 235 Cambyses, avails himself of the super- stition of the Egyptians, ii. 64 Canon law, the, not applicable to civil causes, ii. 64 Cape of Good Hope doubled by the Portuguese, i. 366 Capet, Hugh, becomes king of France, Capital of an empire, choice of the, i.
Capital crimes, the only two among the Germans, ii. 196 Capitularies (or Capitulatories), their origin, ii. 102 Carthage, destruction of, i. 22 praised by Aristotle as a well-regu- lated republic, i. 119 dissensions in, i. 138 the senate, i. 177 extraordinary poHcj; of, i. 351, 368 voyages of Hanno, i. 351, 352 Carthaginians, their ingratitude to Han- nibal, i. 22 compelled to abandon the sacrifice of children by Gelon, i. 137 their foreign settlements, i. 351 Carvilius Ruga, the case of, i. 262 Caspian Sea, little known to the an- cients, i. 346 Cassiterides, Himilco sent to make a settlement in the, i. 354 Catholic religion, the. most agreeable to a monarchy, ii. 30 zeal of its believers, its cause, ii. 45 Celibacy, reflections on, ii. 21, 32, 48 Censors, under what governments nec- essary, i. 69 Censorship, the Roman, i. 119; 11. 14 INDEX Census, the, among the barbarians, ii. raised only on the bondmen and not on the freemen, ii. 187 Cerne, Carthaginians settlements as far as, i. 3SI Chaindasuinthus proscribes the Roman Champions in legal duels, ii. 124, note Charlemagne, his Capitularies, ii. 102 and note fall into neglect, ii. 103 his promise as to church lands, ii.
establishes tithes, ii. 23;;_ his gifts to the clergy, ii. 239 restrains the nobility, ii. 244 his character, ii. 245 bishoprics in Germany, ii. 246 how the empire was transferred from his family, ii. 262 Charles the Bald, edict of, ii. 98 calls on the church to support the state, ii. 251 Martel, an oppressor of the clergy, state of Europe in his time, ii. 235 his fiefs, ii. 240 Charles II, anecdote of, i. 90 Charles V, grandeur of, i. 367 Charles VII, causes local customs to be reduced to writing, ii. 154 Charles IX, why declared of age at fourteen, ii. 167 Charles XII of Sweden, anecdote of, his character, i. 141 Charmides, his preference for poverty, Charondas first established _ penalties against false witnesses, i. 184 Childeric, expulsion of, i. 287 Children usually follow the condition of their father, ii. 2 limitation of the number of, ii. 11 exposing of, Roman policy regard- ing, ii. 21 not practiced by the Germans, ii. 22 obliged to provide for their fathers at Athens, except in certain cases, China, luxury of, i. 99 its fatal consequence, i. 100 the missionary pictures of, contra- dicted by other travellers, i. 122 wisdom of its ancient emperors, i.
unchanging character of the people, aims of its legislators, i, 301 Christianity, i. 302 paternal authority, i. 303 explanation of a paradox, _i. 304 succession to the throne, ii. 62 Chivalry, rise of, ii. 119 Choice, suffrage by, i. 11 Christianity, almost impossible to be established in China, i. 302 an enemy to despotic power, ii. 30 has established a law of nations, li.
its effect on the Roman jurispru- dence, ii. 19 why so odious in Japan, ii. 56 Church lands, how converted into fiefs, Churches, jurisdiction of the, ii. 203 regulated by Clotharius II, ii. 204 Cicero on secret suffrage, i. 12 on the Roman tribunes, i. 57 on Tiberius Gracchus, i. 173 on commerce, i. 318 Cilonian seditions, the, i. 271 Cincinnatus prevails over the tribunes, Cinq-Mars, M. de, charged with high treason, i. 191 Civil government in France, reformed, law among the Tartars, and the German nations, i. 281 corrects false religions, ii. 37 not applicable to matters of canon or to the law of nations, ii. 'J^ Clemency of the prince, i. 92, 93 sometimes a mistake, i. 94 Clergy, power of the, dangerous in a republic, but favorable to mon- archy, i. 16 a barrier against arbitrary power, their authority under the first race of the Frankish kings, i. 290 in a free state, i. 313 bounds to be set to their riches, ii.
riches of the, ii. 234 favored by Pepin, but oppressed by his son, ii. 234 ravages of the Calvinists, ii. 23s tithes, ii. 237 Climate, laws in relation to, i. 221 effects of cold and warm, i. 222, 223 agriculture, i. 226 monkery, i. 226 sobriety, i. 227 distempers, i. 229, 230 climate of England, i. 231 seems _ to prescribe the bounds of religions, ii. 43 Clotharius II, limit imposed on compo- sitions for offences by, ii. 199 his concessions, ii. 222 Clovis, sanguinary temper of, i. 290 Coal-pits, advantage of, ii. 8 Coin, debasement of, under the Roman emperors, i. 392 coining treated as high treason, 1.
discovery of the art, i. 375, note Cold, effect of, on man, i. 221 Colonies, trade of, how regulated, i.
Columbus, Christopher, his discovery of America, i. 366 Commerce to be carried on by the com- munity, not by individuals, i. 36 thought to corrupt the state, i. 36 forbidden to the Venetian nobles, to be tolerated in monarchies, 1. 54 softens the manners, i. 316 its spirit, i. 317 in different governments, i. 318 economical commerce, i. 319 example of Marseilles, i. 319 Holland, England, i. 320 restraints and prohibitions, i. 321 banks, I. 322 MONTESQUIEU Commerce, free ports and freedom of commerce, i. 323 judges, i. 325 nobles should not engage in, i. 326 to what nations commerce is preju- dicial, i. 328 difference between ancient and mod- after the destruction of the Western in the East, i. 363 breaks through the barbarism of Europe, i. 363 Companions, afterwards vassals, ii. 190 Composition for murder, its scale, ii. 95 Composition among the barbarous na- tions, ii. 196 limit imposed by Clotharius, ii. 199 Condition of children, ii. 2 Confederate republics, i. 128 Confidence in the people, difference of the laws regarding, i. 233 Confiscations useful in despotic gov- ernments, but in no others, i. 63 of goods introduced by Caesar, i. 88 of merchandise, i. 213, 324 Conquest, right of, i. 134 modes of dealing with the con- quered, i. 13s some advantages of the conquered, conquests made hy a republic and by a monarchy, t. 139 new methods of preserving a con- quest, i. 146 the Roman mode, i. 147 Conrad, the emperor, his law as to fiefs, Conspiracies, revealing of, 1. 197^ Constantine, marriage laws of, ii. 17, 66 other laws of his, ii. 19, 41 Ducas, an impostor, i. 89 Consuls, the Roman, i. 173 Contemplation, its effect, ii. 33 Continency, public, i. 101 Copper, its proportional value to silver, Corinth, commerce of, 1. 340 Coriolanus, impeachment of, its result, Cornelian laws, the, 1. 88 Costs in law proceedings, ii. 139 Coucy, Lord of, his remark on the Eng- Countries raised by industry of man, Counts and dukes, 11. 194 Courage of the Northern people, i. 264 Credit, public, necessary to be support- Crete, singular institution in, i. 116 love of country in, i. 117 Crillon, his sense of honor, i. 31 Crimes, four sorts of, i. 185 inexpiable, ii. 34 Cromwell, character of, i. 20 Cross, judgment of, ii. 113 Crown of France transferred to the Capets, ii. 261 Crusades, the, bring the leprosy to Eu- Cultivation, best, in proportion to the liberty of the country, i. 272 Customs, local, ii. 104 farmmg of the, i. 324 Cyrus, a law of, i. 141 Dagobert, reign of, ii. 225 Darius sends an expedition to the Indus, i. 342 Daughters, rights of, ii. 62 Debtors, cruel laws in respect of, i. 200 merchant debtors, i. 324 Debts, public, i. 394 payment of, i. 395 advantages of a sinking fund, i, 39s Decemvirs, cruelty of their laws, i. 87 these fall into disuse, i. 88 Decretals, judiciary forms borrowed from the, ii. 147 Defensive force of states in general, i. relative force, i. 132 Defontanes, the oldest French law writer, ii. 145 Delos, ruin of, i. 357 Demesne, or crown lands, ii. 74 should not be alienable, ii. 7^ Democracy, love of the republic in a, i. 41 frugality, i. 45 equality may be suppressed in, for the good of the state, i. 45 methods of favoring the democratic principle, i. 47, 57, note its corruption, i. 109 example of Syracuse, i. iii extreme equality, i. iii corruption of the people, i. iii Depositary of the laws necessary in a monarchy, i. 17 the prince's council unfit for the office, i. 17 not known to despotic governments, Despotic, governments, relation of laws to the nature of, i. 18 a vizier essential, i. 18 no great share of probity necessary, honor not their principle, i. 25 fear takes its place, i. 27, 57 education, i. 32 an emblem of thern, i. 57 picture of a despotic monarchy, i. 58 of a despotic stale, its insecurity corruption of its principle,^ i. 116 its distinctive properties, i. 122 how it provides for its security, i.
conquest made, i. 147 some mixture of liberty proper, i.
the taxes ought to be light, i. 212 customs and manners, i. 297 Dictators at Rome, i. 14 created by the senate, i. 172 Divorce, forcible, ii. 60 and repudiation, i. 260 among the Romans, i. 261 Doctrines, use or abuse of, ii. 38 D'Olgorucky, Prince, put to death for disrespectful words, i._i93 Domestic government, its influence on the political, i. 300 tribunal, the, among the Romans, its fall, i. 104 INDEX Domestic government, revived by Tibe- Dorte, Viscount, his reply to Cliarles IX about the Huguenots, i. 31 Dowries of women, i. 104, 105 Dream, Marsyas put to death for a, i.
East, principle on which the morals of tne, are founded, i. 256 domestic government, 1. 259 people of the, believe all religions indifferent, li. 57 Eastern countries, cause of the immu- tability of their manners and cus- Ecclesiastic and temporal jurisdiction, flux and reflux of the, ii. 148 Education, laws of, i. 29 in monarchies, i. 29, 30 in a despotic government, i. 32 diflference between the effects of an- cient and modern, i. 33 in a republican governmentj i. 33 Egyptian sultans, their power, i. 363 Egyptians, their laws covering leprosy, copied by the Jews, i. 229 not a commercial people, i. 336 trade with India, 1. 361 Election of bishops and abbots, ii. 240 of the kings of the second French race, ii. 243 Empire of Charlemagne, how broken Employments, public, i. ()y division into civil and military, i. 68 sale of, i. 69 England, the function of juries in, i. 75 the constitution of, i. 151 the climate, i. 231 commerce, i. 320 complaint of the diminution of popu- lation, ii. 8 law with regard to witnesses, ii. English, the steps taken by, to favor their liberty, i. 17 their failure to establish a democ- racy, i. 20 their proneness to suicide, i. 231 Ephori, the real kings of Sparta, i. 53 Epicurus on riches, i. 117 Epidamnians, their rule as to commerce, Equality, how established in a democ- racy, i. 42 true, not extreme, i. iii Escheatage, and shipwrecks, ridiculous rights of, their origin, i. 363 Essenes, the, ii. 32 Establishment of the French Monarchy.
See Bos, Abbe du Ethiopia, influence of Christianity in, Eucherius, St., vision of, ii. 235 Eunuchs intrusted_ with the magistracy in Tonquin, i. 249 have wives, i. 249 Europe, its states of moderate extent, consequence of this, i. 269 changes in the number of its inhabi- Euxine and Caspian seas, project for joining the, i. 335 j8 Exchange, example of Holland, i. 381, 382 and note a constraint on despotic power, i.
Exclusion from the succession to the throne, ii. 243 Executive power, the, its functions, i.
Exposing the children, ii. 21 Fadia deprived of her estate by the Voconian law, ii. 88 Falcidian law, its purpose, ii. i68 False religions sometimes corrected by civil laws, ii. 36 Farmers of the revenues, i. 220 Father, his consent to marriage, on what founded, ii. 5 obliged, among the Romans, to give his daughter a marriage portion, See Paternal Authority Fear, causes mankind to associate, i. 4 the support of despotic govern- ments, i. 26 Female succession, right of, established in France, ii. 264 Fertile countries, monarchy favored, i.
Festivals, inconvenience of too many, Feudal laws, ii. \^\ their source, ii. 171 lords, or vassals, ii. 190 lords led in the field by the king, lead their vassals and rear-vassals with them, ii. 192 Fiefs, feudal, at first precarious and re- sumable at will. ii. 191 and note at length given for life, ii. 191 and note their nature afterwards, ii. 258 some consequences of their perpetu- of resumption, ii. 232 Fire, ordeal by, ii. no Firearms, bearing of, a capital crime at Venice, ii. 79 First race of French kings reform the Salic and Ripuarian Taws, ii. 93 their humiliation, ii. 228 Fiscal, goods, what, ii. 190 Flanders, Earl of, his dispute with the people of Gaunt, ii. 133 Joan, Countess of, case of, ii. 132, •note Foe, disciples of, draw a frightful con- sequence from a sacred doctrine, ii. 39 and note Fontenay, battle of, ii. 254 Force, oiTensive, i. 133 Formosa, marriage custom of, li. 2 another custom of, ii. 10 singular belief of, ii. 36 France, its capital happily placed, J. 130 cause of its increase in power, i. 328 population, ii. 23 and note law with regard to witnesses, ii.