Montesquieu: Laws That Form Political Liberty, in Relation to the Subject

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* NOW - Buy this resource online! Click here * Of the Laws That Form Political Liberty, in Relation to the Subject1. Idea of this Book.2. Of the Liberty of the Subject.3. The same Subject continued.4. That Liberty is favoured by the Nature and Proportion of Punishments.5. Of certain Accusations that require particular Moderation and Prudence.6. Of the Crime against Nature.7. Of the Crime of High Treason.8. Of the Misapplication of the Terms Sacrilege and High Treason.9. The same Subject continued.10. The same Subject continued.11. Of Thoughts.12. Of indiscreet Speeches.13. Of Writings.14. Breach of Modesty in punishing Crimes.15. Of the Enfranchisement of Slaves in order to accuse their Master.16. Of Calumny with regard to the Crime of High Treason.17. Of the revealing of Conspiracies.18. How dangerous it is in Republics to be too severe in punishing the Crime of High Treason.19. In what Manner the Use of Liberty is suspended in a Republic.20. Of Laws favourable to the Liberty of the Subject in a Republic.21. Of the Cruelty of Laws in respect to Debtors in a Republic.22. Of Things that strike at Liberty in Monarchies.23. Of Spies in Monarchies.24. Of Anonymous Letters.25. Of the Manner of governing in Monarchies.26. That in a Monarchy the Prince ought to be of easy Access.27. Of the Manners of a Monarch.28. Of the Regard which Monarchs owe to their Subjects.29. Of the civil Laws proper for mixing some portion of Liberty in a despotic Government.30. The same Subject continued. FOOTNOTES
   1. Politics, ii. 8.
   2. Tarquinius Priscus. See Dionysius Halicarnassus, iv.
   3. As early as the year 560.
   4. Aristotle, Politics, ii. 12. He gave his laws at Thurium in the 84th Olympiad.
   5. See Aristides, Orat. in Minervam.
   6. Dionysius Halicarnassus on the judgment of Coriolanus, vii.
   7. Minerv� calculus.
   8. St. Louis made such severe laws against those who swore that the pope thought himself obliged to admonish him for it. This prince moderated his zeal, and softened his laws. See his Ordinances.
   9. Father Rougerel.
   10. Nicetas, Life of Manuel Comnenus, iv.
   11. Ibid.
   12. Theophylactus, History of the Emperor Maurice, 11.
   13. Secret History.
   14. Father Du Halde, i, p. 43.
   15. Father Parennin in the Edifying Letters.
   16. Book xxix.
   17. Gratian, Valentinian, and Theodosius. This is the second in the Cod. de crimin. sacril.
   18. Sacrilegii instar est dubitare an is dignus sit quem elegerit imperator. -- Cod. de crimin. sacril. This law has served as a model to that of Roger in the constitution of Naples, tit. 4.
   19. Leg. 5, ad leg. Jul. Majest.
   20. Arcadius and Honorius.
   21. Memoirs of Montresor, i, p. 238, Cologne, 1723.
   22. Nam ipsi pars corporis nostri sunt -- The same law of the Cod., ad leg. Jul. Majest.
   23. It is the 9th of the Cod. Theod. de falsa moneta.
   24. Etiam ex aliis causis majestatis crimina cessant meo s�culo -- Leg. 1. Cod., ix, tit. 8, ad leg. Jul. Majest.
   25. Alienam sect� me� solicitudinem concepisti. -- Leg. 2, Cod., iii, tit. 4, ad leg. Jul. Majest.
   26. Leg. 4, � 1, ff. ad leg., Jul. Majest., xlviii, tit. 4.
   27. See Leg. 5, � 2, ff. ibid.
   28. Ibid., � 1.
   29. Aliudve quid simile admiserint -- Leg. 6, ff. ad leg. Jul. Majest.
   30. In the last law, ff. ad leg. Jul. de adulteriis.
   31. See Burnet, History of the Reformation.
   32. Plutarch, Dionysius.
   33. The thought must be joined with some sort of action.
   34. Si non tale sit delictum in quod vel scriptura legis descendit vel ad exemplum legis vindicandum est, says Modestinus in Leg. 7, � 3, ff. ad leg. Jul. Majest.
   35. In 1740.
   36. Nec lubricum lingu� ad poenam facile trahendum est. -- Modestinus, in Leg. 7, � 3, ff. ad leg. Jul. Majest.
   37. Si id ex levitate processerit, contemnendum est; si ex insania, miseratione dignissimum; si ab injuria, remittendum. -- Leg. unica. Cod. si quis Imperat. maled.
   38. Tacitus, Annals, i. 72. This continued under the following reigns. See the first law in the Cod. de famosis libellis.
   39. Tacitus, Annals, iv. 34.
   40. The law of the Twelve Tables.
   41. Suetonius, Life of Tiberius, 61.
   42. Collection of Voyages that Contributed to the Establishment of the East India Company, v, part II.
   43. Ibid., p. 496.
   44. Dio, in Xiphilin., lv. 5. Tacitus, Annals, ii. 30, iii. 67, attributes this law, not to Augustus, but to Tiberius.
   45. Flavius Vopiscus in his Life, 9.
   46. Sulla made a law of majesty, which is mentioned in Cicero's Orations, Pro Cluentio, art. 3; In Pisonem, art. 21; and against Verres, art. 5. Familiar Epistles, iii, 11. C�sar and Augustus inserted them in the Julian Laws; others made additions to them.
   47. Et quo quis distinctior accusator, eo magis honores assequebatur, ac veluti sacrosanctus erat. -- Tacitus,Annals, iv. 36.
   48. Deut., 13. 6-9.
   49. Collection of Voyages that Contributed to the Establishment of the East India Company, v, part II, p. 423.
   50. Dionysius Halicarnassus, Roman Antiquities, viii.
   51. Tyranno occiso quinque ejus proximos cognatione magistratus necato. -- Cicero, De Invent. ii. 29.
   52. Cook viii, p. 547.
   53. Of the Civil Wars, iv.
   54. It is not sufficient in the courts of justice of that kingdom that the evidence be of such a nature as to satisfy the judges; there must be a legal proof; and the law requires the deposition of two witnesses against the accused. No other proof will do. Now, if a person who is presumed guilty of high treason should contrive to secrete the witnesses, so as to render it impossible for him to be legally condemned, the government then may bring a hill of attainder against him; that is, they may enact a particular law for that single fact. They proceed then in the same manner as in all other bills brought into parliament; it must pass the two houses, and have the king's consent, otherwise it is not a bill: that is, a sentence of the legislature. The person accused may plead against the hill by counsel, and the members of the house may speak in defence of the bill.
   55. Legem de singulari aliquo rogato, nisi sex millibus ita visum. -- From Andocidis,De Mysteriis. This is what they call Ostracism.
   56. De privis hominibus lat�. -- Cicero,De Leg., iii. 19.
   57. Scitum est jussum in omnes. -- Ibid.
   58. See Philostratus, i: Lives of the Sophists: schines. See likewise Plutarch and Phocius.
   59. By the Remnian law.
   60. Plutarch, in a treatise entitled. How a Person May Reap Advantage from his Enemies.
   61. "A great many sold their children to pay their debts." -- Plutarch, Solon.
   62. Ibid.
   63. It appears from history that this custom was established among the Romans before the Law of the Twelve Tables. -- Livy, dec. 1, ii. 23, 24.
   64. Dionysius Halicarnassus. Roman Antiquities, vi.
   65. Plutarch, Furius Camillas.
   66. See below, xxii. 22.
   67. One hundred and twenty years after the law of the Twelve Tables: Eo anno plebi Roman�, velut aliud initium libertatis factum est, quod necti desierunt. -- Livy, viii. 38.
   68. Bona debitoris, non corpus obnoxium esset. -- Ibid.
   69. The year of Rome 465.
   70. That of Plautius who made an attempt upon the body of Veturius. -- Valerius Maximus, vi, 1, art. 9. These two events ought not to be confounded; they are neither the same persons nor the same times.
   71. See a fragment of Dionysius Halicarnassus in the extract of Virtues and Vices [Historica]; Livy's Epitome, ii., and Freinshemius, ii.
   72. Plutarch, Comparison of some Roman and Greek Histories, ii, p. 487.
   73. Leg. 6, Cod. Theod. de famosis libellis.
   74. "Nerva," says Tacitus, "increased the ease of government."
   75. State of Russia, p. 173, Paris, 1717.
   76. The Caliphs.
   77. History of the Tartars, part III, p. 277, in the remarks.
   78. See Francis Pirard.
   79. As at present in Persia, according to Sir John Chardin, this custom is very ancient. "They put Cavades," says Procopius, "into the castle of oblivion; there is a law which forbids any one to speak of those who are shut up, or even to mention their name."
   80. The fifth law in the Cod. ad leg. Jul. Majest.
   81. In the 8th chapter of this book.
   82. Frederick copied this law in the Constitutions of Naples, i.
   83. In monarchies there is generally a law which forbids those who are invested with public employments to go out of the kingdom without the prince's leave. This law ought to be established also in republics. But in those that have particular institutions the prohibition ought to be general, in order to prevent the introduction of foreign manners.