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In governments where there are necessary distinctions of persons； there must likewise be privileges。 This also diminishes the simplicity； and creates a thousand exceptions。
One of the privileges least burdensome to society； and especially to him who confers it； is that of pleading in one court in preference to another。 Here new difficulties arise； when it becomes a question before which court we shall plead。
Far different is the case of the people under despotic governments。 In those countries I can see nothing that the legislator is able to decree； or the magistrate to judge。 As the lands belong to the prince； it follows that there are scarcely any civil laws in regard to landed property。 From the right the sovereign has to successions； it follows； likewise； that there are none relating to inheritances。 The monopolies established by the prince for himself in some countries render all sorts of commercial laws quite useless。 The marriages which they usually contract with female slaves are the cause that there are scarcely any civil laws relating to dowries； or to the particular advantage of married women。 From the prodigious multitude of slaves； it follows； likewise； that there are very few who have any such thing as a will of their own； and of course are answerable for their conduct before a judge。 Most moral actions that are only in consequence of a father's； a husband's； or a master's will； are regulated by them； and not by the magistrates。
I forgot to observe that as what we call honour is a thing hardly known in those countries； the several difficulties relating to this article； though of such importance with us； are with them quite out of the question。 Despotic power is self…sufficient； round it there is an absolute vacuum。 Hence it is that when travellers favour us with the description of countries where arbitrary sway prevails； they seldom make mention of civil laws。＇1＇
All occasions； therefore； of wrangling and law…suits are here removed。 And to this in part is it owing that litigious people in those countries are so roughly handled。 As the injustice of their demand is neither screened； palliated； nor protected by an infinite number of laws； of course it is immediately discovered。
2。 Of the Simplicity of Criminal Laws in different Governments。 We hear it generally said； that justice ought to be administered with us as in Turkey。 Is it possible； then； that the most ignorant of all nations should be the most clear…sighted on a point which it most behoves mankind to know？
If we examine the set forms of justice with respect to the trouble the subject undergoes in recovering his property； or in obtaining satisfaction for an injury or affront； we shall find them doubtless too numerous： but if we consider them in the relation they bear to the liberty and security of every individual； we shall often find them too few； and be convinced that the trouble； expense； delays； and even the very dangers of our judiciary proceedings； are the price that each subject pays for his liberty。
In Turkey； where little regard is shown to the honour； life； or estate of the subject； all causes are speedily decided。 The method of determining them is a matter of indifference； provided they be determined。 The pasha； after a quick hearing； orders which party he pleases to be bastinadoed； and then sends them about their business。
Here it would be dangerous to be of a litigious disposition； this supposes a strong desire of obtaining justice； a settled aversion； an active mind； and a steadiness in pursuing one's point。 All this should be avoided in a government where fear ought to be the only prevailing sentiment； and in which popular disturbances are frequently attended with sudden and unforeseen revolutions。 Here every man ought to know that the magistrate must not hear his name mentioned； and that his security depends entirely on his being reduced to a kind of annihilation。
But in moderate governments； where the life of the meanest subject is deemed precious； no man is stripped of his honour or property until after a long inquiry； and no man is bereft of life till his very country has attacked him an attack that is never made without leaving him all possible means of making his defence。
Hence it is that when a person renders himself absolute；＇2＇ he immediately thinks of reducing the number of laws。 In a government thus constituted they are more affected with particular inconveniences than with the liberty of the subject； which is very little minded。
In republics； it is plain that as many formalities at least are necessary as in monarchies。 In both governments they increase in proportion to the value which is set on the honour； fortune； liberty； and life of the subject。
In republican governments； men are all equal； equal they are also in despotic governments： in the former； because they are everything； in the latter； because they are nothing。
3。 In what Governments and in what Cases the Judges ought to determine according to the express Letter of the Law。 The nearer a government approaches towards a republic； the more the manner of judging becomes settled and fixed； hence it was a fault in the republic of Sparta for the Ephori to pass such arbitrary judgments without having any laws to direct them。 The first consuls at Rome pronounced sentence in the same manner as the Ephori； but the inconvenience of this proceeding was soon felt； and they were obliged to have recourse to express and determinate laws。
In despotic governments there are no laws； the judge himself is his own rule。 There are laws in monarchies； and where these are explicit； the judge conforms to them； where they are otherwise； he endeavours to investigate their spirit。 In republics； the very nature of the constitution requires the judges to follow the letter of the law； otherwise the law might be explained to the prejudice of every citizen； in cases where their honour； property； or life is concerned。
At Rome the judges had no more to do than to declare that the persons accused were guilty of a particular crime； and then the punishment was found in the laws； as may be seen in divers laws still extant。 In England the jury give their verdict whether the fact brought under their cognisance be proved or not； if it be proved； the judge pronounces the punishment inflicted by the law； and for this he needs only to open his eyes。
4。 Of the Manner of passing Judgment。 Hence arise the different modes of passing judgment。 In monarchies the judges choose the method of arbitration； they deliberate together； they communicate their sentiments for the sake of unanimity； they moderate their opinions； in order to render them conformable to those of others： and the lesser number are obliged to give way to the majority。 But this is not agreeable to the nature of a republic。 At Rome； and in the cities of Greece； the judges never entered into a consultation； each gave his opinion in one of these three ways： 〃I absolve；〃 〃I condemn；〃 〃It does not appear clear to me〃；＇3＇ this was because the people judged； or were supposed to judge。 But the people are far from being civilians； all these restrictions and methods of arbitration are above their reach； they must have onl