Montesquieu: Of Laws in Relation to Commerce, in its Nature and Distinctions

The Spirit of Laws (1751)Charles de Secondat, Baron de Montesquieu

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Of Laws in Relation to Commerce, Considered in its Nature and Distinctions1. Of Commerce.2. Of the Spirit of Commerce.3. Of the Poverty of the People.4. Of Commerce in different Governments.5. Of Nations that have entered into an economical Commerce.6. Some Effects of an extensive Navigation.7. The Spirit of England with respect to Commerce.8. In what Manner economical Commerce has been sometimes restrained.9. Of the Prohibition of Commerce.10. An Institution adapted to economical Commerce.11. The same Subject continued.12. Of the Freedom of Commerce.13. What it is that destroys this Liberty.14. The Laws of Commerce concerning the Confiscation of Merchandise.15. Of seizing the Persons of Merchants.16. An excellent Law.17. A Law of Rhodes.¹⁴ The inhabitants of Rhodes went further.18. Of the Judges of Commerce.19. That a Prince ought not to engage himself in Commerce.20. The same Subject continued.21. Of the Commerce of the Nobility in a Monarchy.22. A singular Reflection.23. To what Nations Commerce is prejudicial. FOOTNOTES
   1. Cæsar said of the Gauls that they were spoiled by the neighbourhood and commerce of Marseilles; insomuch that they who formerly always conquered the Germans had now become inferior to them. -- De Bello Gall., vi. 23.
   2. Holland.
   3. Et qui modo hospes fuerat, monstrator hospitii. -- De Moribus Germanorum, 21. See Cæsar, De Bello Gall. vi. 21.
   4. Tit. 38.
   5. Cicero, De Rep., iv.
   6. Justin, xliii. 3.
   7. Father Du Halde, ii, p. 170.
   8. This was first established by the Portuguese. -- Pirard, Voyages, part II, 15.
   9. Acts of Navigation, 1660. It is only in time of war that the merchants of Boston and Philadelphia send their vessels directly to the Mediterranean.
   10. Published in Cadiz in March, 1740.
   11. Plutarch, Against Lending Upon Usury, 4.
   12. Diodorus, i, part II, 79.
   13. The Greek legislators were to blame in preventing the arms and plough of any man from being taken in pledge, and yet permitting the taking of the man himself. -- Ibid.
   14. Hypotiposes, i. 14.
   15. Laws, viii.
   16. Zonaras.
   17. Leg., Nobiliores, Cod. de Comm.; Leg. ult. de rescind, vendit.
   18. This is actually very often the case in such governments.