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3。 Capital Difference between the Salic Laws； and Those of the Visigoths and Burgundians
4。 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
5。 The Same Subject Continued
6。 How the Roman Law Kept its Ground in the Demesne of the Lombards
7。 How the Roman Law Came to Be Lost in Spain
8。 A False Capitulary
9。 In What Manner the Codes of Barbarian Laws； and the Capitularies Came to Be Lost
10。 The Same Subject Continued
11。 Other Causes of the Disuse of the Codes of Barbarian Laws； as well as of the Roman Law； and of the Capitularies
12。 Of Local Customs。 Revolution of the Laws of Barbarous Nations； as well as of the Roman Law
13。 Difference between the Salic Law； or That of the Salian Franks； and That of the Ripuarian Franks； and other Barbarous Nations
14。 Another Difference
15。 A Reflection
16。 Of the Ordeal or Trial by Boiling Water； Established by the Salic Law
17。 Particular Notions of Our Ancestors
18。 In What Manner the Custom of Judicial Combats Gained Ground
19。 A New Reason of the Disuse of the Salic and Roman Laws； as Also of the Capitularies
20。 Origin of the Point of Honour
21。 A new Reflection on the Point of Honour among the Germans
22。 Of the Manners in Relation to Judicial Combats
23。 Of the Code of Laws on Judicial Combats
24。 Rules Established in the Judicial Combat
25。 Of the Bounds Prescribed to the Custom of Judicial Combats
26。 On the Judiciary Combat between One of the Parties and One of the Witnesses
27。 Of the Judicial Combat between One of the Parties and One of the Lords' Peers。 Appeal of False Judgment
28。 Of the Appeal of Default of Justice
29。 Epoch of the Reign of St。 Louis
30。 Observation on Appeals
31。 The Same Subject Continued
32。 The Same Subject Continued
33。 The Same Subject Continued
34。 In What Manner the Proceedings at Law Became Secret
35。 Of the Costs
36。 Of the Public Prosecutor
37 In What Manner the Institutions of St。 Louis Fell into Oblivion
38。 The Same Subject Continued
39。 The Same Subject Continued
40。 In What Manner the Judiciary Forms Were Borrowed from the Decretals
41。 Flux and Reflux of the Ecclesiastic and Temporal Jurisdiction
42。 The Revival of the Roman Law； and the Result Thereof。 Change of Tribunals
43。 The Same Subject Continued
44 Of the Proof by Witnesses
45。 Of the Customs of France
Book XXIX。 Of the Manner of Composing Laws
1。 Of the Spirit of a Legislator
2。 The Same Subject Continued
3。 That the Laws Which Seem to Deviate from the Views of the Legislator Are Frequently Agreeable to Them
4。 Of the Laws Contrary to the Views of the Legislator
5。 The Same Subject Continued
6。 The Laws Which Appear the Same Have Not Always the Same Effect
7。 The Same Subject Continued。 Necessity of Composing Laws in a Proper Manner
8。 That Laws Which Appear the Same Were Not Always Made through the Same Motive
9。 That the Greek and Roman Laws Punished Suicide； but Not through the Same Motive
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 o