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 XIV.

ON THE DIFFERENCE BETWEEN POLITICAL AND NATURAL LAWS.

I callnatural laws, those which nature dictates in all ages to all men, for the maintenance of that justice which she (say what they will of her) hath implanted in our hearts. Theft, violence, homicide, ingratitude to beneficent parents, perjury against innocence, conspiracies against one’s country, are crimes that are universally and justly punished, though with more or less severity.

I call political laws, those that are made in compliance with present necessity, whether it be to give stability to the government, or to prevent misfortune. For example; being apprehensive that the enemy may receive intelligence from the inhabitants of the city, you shut the gates, and forbid any one to pass the ramparts on pain of death.

Or, fearful of a new sect of people, who publicly disclaim all obedience to their sovereign, and secretly consult of means to divest themselves of that obedience; who preach, that all men are equal, and that obedience is due to God alone; who, accusing the reigning sect of superstition, mean to destroy that which is consecrated by the state; you denounce death against those who, in publicly dogmatizing in favour of this sect, may instigate the people to revolt.

Or, two ambitious princes contend for a crown: the strongest gains the prize, and punishes with death the partizans of the weaker. The judges become the instruments of vengeance of the new sovereign, and the supports of his authority.

When Richard the Third, the murderer of his two nephews, was acknowledged king of England, the jury found Sir William Collinburn guilty of having written to a friend of the Duke of Richmond, who was at that time raising an army, and who afterwards reigned by the name of Henry VII. They found two ridiculous lines of Sir William’s writing, which were sufficient to condemn him to a horrible death. History abounds with such examples of justice.

The right of reprisal is also a law adopted by nations. For example, your enemy has hanged one of your brave captains, for having defended an old ruined castle against a whole army. One of his captains falls into your hands; he is a worthy man, and you esteem him; nevertheless you hang him by way of reprisal. You say it is the law: that is to say, because your enemy has been guilty of an enormous crime, you must be guilty of another.

These political sanguinary laws exist but for a time; they are temporary, because they are not founded in truth. They resemble the necessity which, in cases of extreme famine, obliges people to eat each other: they cease to eat men as soon as bread is to be had.