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 exceptional
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
[10]
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
[11]
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
the power of subverting religion. The history of Constantinople
[12]
informs us that in consequence of a revelation made to a bishop of a
miracle having ceased because of the magic practices of a certain
person, both that person and his son were put to death. On how many
surprising 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 a magic art, 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 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.
