M. Servin, advocate-general and councillor of state, fully proves from the Old and New Testament, from tradition, laws and history, that there are diviners, enchanters, and sorcerers, and refutes those who would maintain the contrary. He shows that magicians and those who make use of charms, ought to be punished and held in execration; but he adds that no punishment must be inflicted till after certain and evident proofs have been obtained; and this is what must be strictly attended to by the Parliament of Paris, for fear of punishing madmen for guilty persons, and taking illusions for realities.
The Parliament leaves it to the Church to inflict excommunication, both on men and women who have recourse to charms, and who believe they go in the night to nocturnal assemblies, there to pay homage to the devil. The Capitularies of the kings[[141]] recommend the pastors to instruct the faithful on the subject of what is termed the Sabbath; at any rate they do not command that these persons should receive corporeal punishment, but only that they should be undeceived and prevented from misleading others in the same manner.
And there the Parliament stops, so long as the case goes no farther than simply misleading; but when it goes so far as to injure others, the kings have often commanded the judges to punish these persons with fines and banishment. The Ordonnances of Charles VIII. in 1490, and of Charles IX. in the States of Orleans in 1560, express themselves formally on this point, and they were renewed by King Louis XIV. in 1682. The third article of these Ordonnances bears, that if it should happen "there were persons to be found wicked enough to add impiety and sacrilege to superstition, those who shall be convicted of these crimes shall be punished with death."
When, therefore, it is evident that some person has inflicted injury on his neighbor by malpractices, the Parliament punishes them rigorously, even to the pain of death, conformably to the ancient Capitularies of the kingdom,[[142]] and the royal Ordonnances. Bodin, who wrote in 1680, has collected a great number of decrees, to which may be added those which the reverend Father le Brun reports, given since that time.
He afterwards relates a remarkable instance of a man named Hocque, who was condemned to the galleys, the 2d of September, 1687, by sentence of the High Court of Justice at Passy, for having made use of malpractices towards animals, and having thus killed a great number in Champagne. Hocque died suddenly, miserably, and in despair, after having discovered, when drunken with wine, to a person named Beatrice, the secret which he made use of to kill the cattle; he was not ignorant that the demon would cause his death to revenge the discovery which he had made of this spell.
Some of the accomplices of this wretched man were condemned to the galleys by divers decrees; others were condemned to be hanged and burnt, by order of the Baillé of Passy, the 26th of October, 1691, which sentence was confirmed by decree of the Parliament of Paris, the 18th of December, 1691. From all which we deduce that the Parliament of Paris acknowledges that the spells by which people do injury to their neighbors ought to be rigorously punished; that the devil has very extensive power, which he too often exercises over men and animals, and that he would exercise it oftener, and with greater extension and fury, if he were not limited and hindered by the power of God, and that of good angels, who set bounds to his malice. St Paul warns us[[143]] to put on the armor of God, to be able to resist the snares of the devil: for, adds he, "we have not to war against flesh and blood: but against princes and powers, against the bad spirits who govern this dark world, against the spirits of malice who reign in the air."
Footnotes:
[[139]] Acts xvi. 10.
[[140]] Page 31, et seq.
[[141]] Capitular. R. xiii de Sortilegiis et Sorciariis, 2 col. 36.