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minal laws derive each punishment from the particular nature of the crime。 There are then no arbitrary decisions； the punishment does not flow from the capriciousness of the legislator； but from the very nature of the thing； and man uses no violence to man。
There are four sorts of crimes。 Those of the first species are prejudicial to religion； the second to morals； the third to the public tranquillity； and the fourth to the security of the subject。 The punishments inflicted for these crimes ought to proceed from the nature of each of these species。
In the class of crimes that concern religion； I rank only those which attack it directly； such as all simple sacrileges。 For as to crimes that disturb the exercise of it； they are of the nature of those which prejudice the tranquillity or security of the subject； and ought to be referred to those classes。
In order to derive the punishment of simple sacrileges from the nature of the thing；＇8＇ it should consist in depriving people of the advantages conferred by religion in expelling them out of the temples； in a temporary or perpetual exclusion from the society of the faithful； in shunning their presence； in execrations； comminations； and conjurations。
In things that prejudice the tranquillity or security of the state； secret actions are subject to human jurisdiction。 But in those which offend the Deity； where there is no public act； there can be no criminal matter； the whole passes between man and God； who knows the measure and time of His vengeance。 Now if magistrates； confounding things； should inquire also into hidden sacrileges； this inquisition would be directed to a kind of action that does not at all require it： the liberty of the subject would be subverted by arming the zeal of timorous as well as of presumptuous consciences against him。
The mischief arises from a notion which some people have entertained of revenging the cause of the Deity。 But we must honour the Deity and leave him to avenge his own cause。 And； indeed； were we to be directed by such a notion； where would be the end of punishments？ If human laws are to avenge the cause of an infinite Being； they will be directed by his infinity； and not by the weakness； ignorance； and caprice of man。
An historian＇9＇ of Provence relates a fact which furnishes us with an excellent description of the consequences that may arise in weak capacities from the notion of avenging the Deity's cause。 A Jew was accused of having blasphemed against the Virgin Mary； and upon conviction was condemned to be flayed alive。 A strange spectacle was then exhibited： gentlemen masked； with knives in their hands； mounted the scaffold； and drove away the executioner； in order to be the avengers themselves of the honour of the blessed Virgin。 I do not here choose to anticipate the reflections of the reader。
The second class consists of those crimes which are prejudicial to morals。 Such is the violation of public or private continence； that is； of the police directing the manner in which the pleasure annexed to the conjunction of the sexes is to be enjoyed。 The punishment of those crimes ought to be also derived from the nature of the thing； the privation of such advantages as society has attached to the purity of morals； fines； shame； necessity of concealment； public infamy； expulsion from home and society； and； in fine； all such punishments as belong to a corrective jurisdiction； are sufficient to repress the temerity of the two sexes。 In effect these things are less founded on malice than on carelessness and self…neglect。
We speak here of none but crimes which relate merely to morals； for as to those that are also prejudicial to the public security； such as rapes； they belong to the fourth species。
The crimes of the third class are those which disturb the public tranquillity。 The punishments ought therefore to be derived from the nature of the thing； and to be in relation to this tranquillity； such as imprisonment； exile； and other like chastisements proper for reclaiming turbulent spirits； and obliging them to conform to the established order。
I confine those crimes that injure the public tranquillity to things which imply a bare offence against the police； for as to those which by disturbing the public peace attack at the same time the security of the subject； they ought to be ranked in the fourth class。
The punishments inflicted upon the latter crimes are such as are properly distinguished by that name。 They are a kind of retaliation； by which the society refuses security to a member who has actually or intentionally deprived another of his security。 These punishments are derived from the nature of the thing； founded on reason； and drawn from the very source of good and evil。 A man deserves death when he has violated the security of the subject so far as to deprive； or attempt to deprive； another man of his life。 This punishment of death is the remedy； as it were； of a sick society。 When there is a breach of security with regard to property； there may be some reasons for inflicting a capital punishment： but it would be much better； and perhaps more natural； that crimes committed against the security of property should be punished with the loss of property； and this ought； indeed； to be the case if men's fortunes were common or equal。 But as those who have no property of their own are generally the readiest to attack that of others； it has been found necessary； instead of a pecuniary； to substitute a corporal； punishment。
All that I have here advanced is founded in nature； and extremely favourable to the liberty of the subject。
5。 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 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