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CHAP. V.: Of certain Accusations that require particular Moderation and Prudence. - Charles Louis de Secondat, Baron de Montesquieu, Complete Works, vol. 1 The Spirit of Laws [1748]

Edition used:

The Complete Works of M. de Montesquieu (London: T. Evans, 1777), 4 vols. Vol. 1.

Part of: Complete Works of Montesquieu, 4 vols.

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CHAP. V.

Of certain Accusations that require particular Moderation and Prudence.

IT is an important maxim, that we ought to be very circumspect in the prosecution of witchcraft and heresy. The accusation of these two crimes may be vastly injurious to liberty, and productive of infinite oppression, if the legislator knows not how to set bounds to it. For, as it does not directly point at a person’s actions, but at his character, it grows dangerous in proportion to the ignorance of the people; and then a man is sure to be always in danger, because the most unexceptionable conduct, the purest morals, and the constant practice of every duty in life, are not a sufficient security against the suspicion of his being guilty of the like crimes.

Under Manuel Comnenus, the protestator* was accused of having conspired against the emperor, and of having employed, for that purpose, some secrets that render men invisible. It is mentioned, in the life of this emperor, that Aaron was detected, as he was poring over a book of Solomon’s, the reading of which was sufficient to conjure up whole legions of devils. Now, by supposing a power in witchcraft to rouse the infernal spirits to arms, people look upon a man whom they call a sorcerer as the person in the world most likely to disturb and subvert society; and, of course, they are disposed to punish him with the utmost severity.

But their indignation increases when witchcraft is supposed to have a power of subverting religion. The history of Constantinople* informs us, that, in consequence of a revelation, made to a bishop, of a miracle’s having ceased because of the magic practices of a certain person, both that person and his son were put to death. On how many surprizing things did not this single crime depend! — That revelations should not be uncommon; that the bishop should be favoured with one; that it was real; that there had been a miracle in the case; that this miracle had ceased; that there was an art magic; that magic could subvert religion; that this particular person was a magician; and, in fine, that he had committed that magic act.

The emperor Theodorus Lascaris attributed his illness to witchcraft. Those who were accused of this crime had no other resource left than to handle a red hot iron without being hurt. Thus, among the Greeks, a person ought to have been a sorcerer, to be able to clear himself of the imputation of witchcraft. Such was the excess of their stupidity, that, to the most dubious crime in the world, they joined the most dubious proofs of innocence.

Under the reign of Philip the Long the Jews were expelled from France, being accused of having poisoned the springs with their lepers. So absurd an accusation ought to make us doubt of all those that are founded on public hatred.

I have not here asserted that heresy ought not to be punished; I said only that we ought to be extremely circumspect in punishing it.

[* ]Nicetas, Life of Manuel Comnenus, book 4.

[]Ibid.

[* ]History of the emperor Maurice, by Theophylactus, chap. 11.