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 IX.

OF WITCHES.

In the year 1748, in the bishopric of Wurtsburg, an old woman was convicted of witchcraft and burnt. This was an extraordinary phenomenon in the present century. But how incredible it seems, that a people, who boasted of their reformation, and of having trampled superstition under their feet, and who flattered themselves that they had brought their reason to perfection; is it not wonderful, I say, that such a people should have believed in witchcraft; should have burnt old women accused of this crime, and that above a hundred years after the pretended reformation of their reason?.

In the year 1652, a country woman, named Michelle Chaudron, of the little territory of Geneva, met the devil in her way from the city. The devil gave her a kiss, received her homage, and imprinted on her upper lip and on her right breast, the mark which he is wont to bestow upon his favourites. This seal of the devil is a little sign upon the skin, which renders it insensible, as we are assured by all the demonographical civilians of those times.

The devil ordered Michelle Chaudron to bewitch two young girls. She obeyed her master punctually. The parents of the two girls accused her of dealing with the devil. The girls, being confronted with the criminal, declared, that they felt a continual prickling in some parts of their bodies, and that they were possessed. Physicians were called, at least men that passed for physicians in those days. They visited the girls. They sought for the seal of the devil on the body of Michelle, which seal is called, in the verbal process, the Satanical mark. Into one of these marks they plunged a long needle, which was already no small torture. Blood issued from the wound, and Michelle testified by her cries that the part was not insensible. The judges not finding sufficient proof that Michelle Chaudron was a witch, ordered her to be tortured, which infallibly produced the proof they wanted. The poor wretch, overcome by torment, confessed at last every thing they desired.

The physicians sought again for the Satanical mark, and found it in a little black spot on one of her thighs. Into this they plunged their needle. The poor creature, exhausted and almost expiring with the pain of the torture, was insensible to the needle, and did not cry out. She was instantly condemned to be burnt; but the world beginning at this time to be a little more civilized, she was previously strangled.

At this period every tribunal in Europe resounded with such judgments, and fire and faggot were universally employed against witchcraft as well as heresy. The Turks were reproached with having amongst them neither sorcerers, witches, nor demoniacs; and the want of the latter was considered as an infallible proof of the falsity of their religion.

A zealous friend to the public welfare, to humanity, and to true religion, in one of his writings in favour of innocence, informs us, that there have been above a hundred thousand witches condemned to die by Christian tribunals. If, to these lawful massacres, we add the much superior number of heretics sacrificed, our part of the globe will appear one vast scaffold covered with executioners and victims, and surrounded by judges, guards, and spectators.