The Online Library of Liberty

A project of Liberty Fund, Inc.

• Preface of the Translator.
• Introduction.
• An Essay On Crimes and Punishments.
• Chapter I.: Of the Origin of Punishments.
• Chapter II.: Of the Right to Punish.
• Chapter III.: Consequences of the Foregoing Principles.
• Chapter IV.: Of the Interpretation of Laws.
• Chapter V.: Of the Obscurity of Laws.
• Chapter VI.: Of the Proportion Between Crimes and Punishments.
• Chapter VII.: Of Estimating the Degree of Crimes.
• Chapter VIII.: Of the Division of Crimes.
• Chapter IX.: Of Honour.
• Chapter X.: Of Duelling.
• Chapter XI.: Of Crimes Which Disturb the Public Tranquillity.
• Chapter XII.: Of the Intent of Punishments.
• Chapter XIII.: Of the Credibility of Witnesses.
• Chapter XIV.: Of Evidence and the Proofs of a Crime, and of the Form of Judgment.
• Chapter XV.: Of Secret Accusations.
• Chapter XVI.: Of Torture.
• Chapter XVII.: Of Pecuniary Punishments.
• Chapter XVIII.: Of Oaths.
• Chapter XIX.: Of the Advantage of Immediate Punishment.
• Chapter XX.: Of Acts of Violence.
• Chapter XXI.: Of the Punishment of the Nobles.
• Chapter XXII.: Of Robbery.
• Chapter XXIII.: Of Infamy, Considered As a Punishment.
• Chapter XXIV.: Of Idleness.
• Chapter XXV.: Of Banishment, and Confiscation.
• Chapter XXVI.: Of the Spirit of Family In States.
• Chapter XXVII.: Of the Mildness of Punishments.
• Chapter XXVIII.: Of the Punishment of Death.
• Chapter XXIX.: Of Imprisonment.
• Chapter XXX.: Of Prosecution and Prescription.
• Chapter XXXI.: Of Crimes of Difficult Proof.
• Chapter XXXII.: Of Suicide.
• Chapter XXXIII.: Of Smuggling.
• Chapter XXXIV.: Of Bankrupts.
• Chapter XXXV.: Of Sanctuaries.
• Chapter XXXVI.: Of Rewards For Apprehending, Or Killing Criminals.
• Chapter XXXVII.: Of Attempts. Accomplices and Pardon.
• Chapter XXXVIII.: Of Suggestive Interrogations.
• Chapter XXXIX.: Of a Particular Kind of Crimes.
• Chapter Xl.: of False Ideas of Utility.
• Chapter Xli.: of the Means of Preventing Crimes.
• Chapter Xlii.: of the Sciences.
• Chapter Xliii.: of Magistrates.
• Chapter Xliv.: of Rewards.
• Chapter Xlv.: of Education.
• Chapter Xlvi.: of Pardons.
• Chapter Xlvii.: Conclusion.
• A Commentary On the Book of Crimes and Punishments.
• Chapter I.: The Occasion of This Commentary.
• Chapter II.: Of Punishments.
• Chapter III.: On the Punishment of Heretics.
• Chapter IV.: On the Extirpation of Heresy.
• Chapter V.: Of Profanation.
• Chapter VI.: Of the Indulgence of the Romans In Matters of Religion.
• Chapter VII.: On the Crime of Preaching; and of Anthony.
• Chapter VIII.: The History of Simon Morin.
• Chapter IX.: Of Witches.
• Chapter X.: On the Punishment of Death.
• Chapter XI.: On Death Warrants.
• Chapter XII.: On Torture.
• Chapter XIII.: Of Certain Sanguinary Tribunals.
• Chapter XIV.: On the Difference Between Political and Natural Laws.
• Chapter XV.: On the Crime of High-treason. On Titus Oates, and On the Death of Augustin De Thou.
• Chapter XVI.: Of Religious Confession.
• Chapter XVII.: Of False Money.
• Chapter XVIII.: On Domestic Theft.
• Chapter XIX.: On Suicide.
• Chapter XX.: On a Certain Species of Mutilation.
• Chapter XXI.: On Confiscation.
• Chapter XXII.: On Criminal Procedure, and Other Forms.
• Chapter XXIII.: The Idea of Reformation.

CHAPTER II.

OF PUNISHMENTS.

This misfortune, and this very hard law, with which I was so sensibly affected, prompted me to cast my eyes on the criminal code of nations. The humane author of the Essay on Crimes and Punishments, had but too much cause to complain, that the latter frequently exceed the former, and are sometimes detrimental to the state they were intended to serve.

Those ingenious punishments, the ne plus ultra of the human mind, endeavouring to render death horrible, seem rather the inventions of tyranny than of justice.

The punishment of the wheel was first introduced in Germany in the times of anarchy, when those who usurped the regal power resolved to terrify, with unheard-of torments, those who should dispute their authority. In England they ripped open the belly of a man guilty of high-treason, tore out his heart, dashed it in his face, and then threw it into the fire. And wherein did this high-treason frequently consist? In having been, during a civil war, faithful to an unfortunate king; or, in having spoken freely on the doubtful right of the conqueror. At length, their manners were softened; they continued to tear out the heart, but not till after the death of the offender. The apparatus is dreadful, but the death is mild, if death can ever be mild.