Memoirs of Extraordinary Popular Delusions and the Madness of Crowds by Charles Mackay (whitelam books txt) 📕

been forbidden to pay any attention to lettres de cachet; we, nevertheless, from the knowledge which we have, in common with the whole kingdom, of the care bestowed by your majesty for the good of your subjects, and from the submission and obedience to your commandments which we have always manifested, have stayed all proceedings, in conformity to your orders; hoping that your majesty, considering the importance of the crime of witchcraft, and the consequences likely to ensue from its impunity, will be graciously pleased to grant us once more your permission to continue the trials, and execute judgment upon those found guilty. And as, since we received the letter of your secretary of state, we have also been made acquainted with the determination of your majesty, not only to commute the sentence of death passed upon these witches into one of perpetual banishment from the province, but to re-establish them in the possession of their goods and chattels, and of their good fame and character, your parliament have thought it their duty, on occasion of these crimes, the greatest which men can commit, to make you acquainted with the general and uniform feelings of the people of this province with regard to them; it being, moreover, a question in which are concerned the glory of God and the relief of your suffering subjects, who groan under their fears from the threats and menaces of this sort of persons, and who feel the effects of them every day in the mortal and extraordinary maladies which attack them, and the surprising damage and loss of their possessions.

“Your majesty knows well that there is no crime so opposed to the commands of God as witchcraft, which destroys the very foundation of religion, and draws strange abominations after it. It is for this reason, sire, that the Scriptures pronounce the punishment of death against offenders, and that the Church and the holy fathers have fulminated their anathemas, and that canonical decisions have one and all decreed the most severe punishments, to deter from this crime; and that the Church of France, animated by the piety of the kings your predecessors, has expressed so great a horror at it, that, not judging the punishment of perpetual imprisonment, the highest it has the power to inflict, sufficiently severe, it has left such criminals to be dealt with by the secular power.

“It has been the general feeling of all nations that such criminals ought to be condemned to death, and all the ancients were of the same opinion. The law of the ‘Twelve Tables,’ which was the principal of the Roman laws, ordains the same punishment. All juris-consults agreed in it, as well as the constitutions of the emperors, and more especially those of Constantine and Theodosius, who, enlightened by the Gospel, not only renewed the same punishment, but also deprived, expressly, all persons found guilty of witchcraft of the right of appeal, and declared them to be unworthy of a prince’s mercy. And Charles VIII., sire, inspired by the same sentiments, passed that beautiful and severe ordinance (cette belle et sévère ordonnance), which enjoined the judges to punish witches according to the exigencies of the case, under a penalty of being themselves fined or imprisoned, or dismissed from their office; and decreed, at the same time, that all persons who refused to denounce a witch, should be punished as accomplices; and that all, on the contrary, who gave evidence against one should be rewarded.

“From these considerations, sire, and in the execution of so holy an ordinance, your parliaments, by their decrees, proportion their punishments to the guilt of the offenders; and your parliament of Normandy has never, until the present time, found that its practice was different from that of other courts; for all the books which treat upon this matter cite an infinite number of decrees condemning witches to be burnt, or broken on the wheel, or to other punishments. The following are examples:—In the time of Chilperic, as may be seen in Gregory of Tours, b. vi. c. 35 of his History of France; all the decrees of the parliament of Paris passed according to, and in conformity with, this ancient jurisprudence of the kingdom, cited by Imbert, in his Judicial Practice; all those cited by Monstrelet, in 1459, against the witches of Artois; the decrees of the same parliament, of the 13th of October 1573, against Mary Le Fief, native of Saumur; of the 21st of October 1596, against the Sieur de Beaumont, who pleaded, in his defence, that he had only sought the aid of the devil for the purpose of unbewitching the afflicted and of curing diseases; of the 4th of July 1606, against Francis du Bose; of the 20th of July 1582, against Abel de la Rue, native of Coulommiers; of the 2d of October 1593, against Rousseau and his daughter; of 1608, against another Rousseau and one Peley, for witchcraft and adoration of the devil at the Sabbath, under the figure of a he-goat, as confessed by them; the decree of 4th of February 1615, against Leclerc, who appealed from the sentence of the parliament of Orleans, and who was condemned for having attended the Sabbath, and confessed, as well as two of his accomplices, who died in prison, that he had adored the devil, renounced his baptism and his faith in God, danced the witches’ dance, and offered up unholy sacrifices; the decrees of the 6th of May 1616, against a man named Leger, on a similar accusation; the pardon granted by Charles IX. to Trois Echelles, upon condition of revealing his accomplices, but afterwards revoked for renewed sorcery on his part; the decree of the parliament of Paris, cited by Mornac in 1595; the judgments passed in consequence of the commission given by Henry IV. to the Sieur de l’Ancre, councillor of the parliament of Bourdeaux; of the 20th of March 1619, against Etienne Audibert; those passed by the chamber of Nerac, on the 26th of June 1620, against several witches; those passed by the parliament of Toulouse in 1577, as cited by Gregory Tolosanus, against four hundred persons accused of this crime, and who were all marked with the sign of the devil. Besides all these, we might recal to your majesty’s recollection the various decrees of the parliament of Provence, especially in the case of Gaufrédy in 1611; the decrees of the parliament of Dijon, and those of the parliament of Rennes, following the example of the condemnation of the Marshal de Rays, who was burned in 1441, for the crime of witchcraft, in presence of the Duke of Brittany;—all these examples, sire, prove that the accusation of witchcraft has always been punished with death by the parliaments of your kingdom, and justify the uniformity of their practice.

“These, sire, are the motives upon which your parliament of Normandy has acted in decreeing the punishment of death against the persons lately brought before it for this crime. If it has happened that, on any occasion, these parliaments, and the parliament of Normandy among the rest, have condemned the guilty to a less punishment than that of death, it was for the reason that their guilt was not of the deepest dye; your majesty, and the kings your predecessors, having left full liberty to the various tribunals to whom they delegated the administration of justice, to decree such punishment as was warranted by the evidence brought before them.

“After so many authorities, and punishments ordained by human and divine laws, we humbly supplicate your majesty to reflect once more upon the extraordinary results which proceed from the malevolence of this sort of people; on the deaths from unknown diseases, which are often the consequences of their menaces, on the loss of the goods and chattels of your subjects, on the proofs of guilt continually afforded by the insensibility of the marks upon the accused, on the sudden transportation of bodies from one place to another, on the sacrifices and nocturnal assemblies, and other facts, corroborated by the testimony of ancient and modern authors, and verified by so many eye-witnesses, composed partly of accomplices, and partly of people who had no interest in the trials beyond the love of truth, and confirmed, moreover, by the confessions of the accused parties themselves; and that, sire, with so much agreement and conformity between the different cases, that the most ignorant persons convicted of this crime have spoken to the same circumstances, and in nearly the same words, as the most celebrated authors who have written about it, all of which may be easily proved to your majesty’s satisfaction by the records of various trials before your parliaments.

“These, sire, are truths so intimately bound up with the principles of our religion, that, extraordinary although they be, no person has been able to this time to call them in question. If some have cited, in opposition to these truths, the pretended canon of the Council of Ancyre, and a passage from St. Augustin, in a treatise upon the Spirit and the Soul, it has been without foundation; and it would be easy to convince your majesty that neither the one nor the other ought to be accounted of any authority; and, besides that, the canon, in this sense, would be contrary to the opinion of all succeeding councils of the Church, Cardinal Baronius, and all learned commentators agree that it is not to be found in any old edition. In effect, in those editions wherein it is found, it is in another language, and is in direct contradiction to the twenty-third canon of the same council, which condemns sorcery, according to all preceding constitutions. Even supposing that this canon was really promulgated by the Council of Ancyre, we must observe that it was issued in the second century, when the principal attention of the Church was directed to the destruction of paganism. For this reason, it condemns that class of women who said they could pass through the air, and over immense regions, with Diana and Herodias, and enjoins all preachers to teach the falsehood of such an opinion, in order to deter people from the worship of these false divinities; but it does not question the power of the devil over the human body, which is, in fact, proved by the holy Gospel of Jesus Christ himself. And with regard, sire, to the pretended passage of St. Augustin, everybody knows that it was not written by him, because the writer, whoever he was, cites Bœtius, who died more than eighty years after the time of St. Augustin. Besides, there is still more convincing proof in the fact, that the same father establishes the truth of witchcraft in all his writings, and more particularly in his City of God; and in his first volume, question the 25th, wherein he states that sorcery is a communion between man and the devil, which all good Christians ought to look upon with horror.

“Taking all these things into consideration, sire, the officers of your parliament hope, from the justice of your majesty, that you will be graciously pleased to receive the humble remonstrances they have taken the liberty to make. They are compelled, for the acquittal of their own consciences and in discharge of their duty, to make known to your majesty, that the decrees they passed against the sorcerers and witches brought before them, were passed after a mature deliberation on the part of all the judges present, and that nothing has been done therein which is not conformable to the universal jurisprudence of the kingdom, and for the general welfare of your majesty’s subjects, of whom there is not one who can say that he is secure from the malevolence of such criminals. We therefore supplicate your majesty to suffer us to carry into effect the sentences we passed, and to proceed with the trial of the