He who has heard the thing told by twelve thousand ocular witnesses, has only twelve thousand probabilities equal to one strong one, which is not equal to certainty. If you have the thing from only one of these witnesses, you are sure of nothing—you must doubt. If the witness is dead, you must doubt still more, for you can enlighten yourself no further. If from several deceased witnesses, you are in the same state. If from those to whom the witnesses have only spoken, the doubt is still augmented. From generation to generation the doubt augments, and the probability diminishes, and the probability is soon reduced to zero.
Of the Degrees of Truth, According to Which the Accused are Judged.
We can be made accountable to justice either for deeds or words. If for deeds, they must be as certain as will be the punishment to which you will condemn the prisoner; if, for example, you have but twenty probabilities against him, these twenty probabilities cannot equal the certainty of his death. If you would have as many probabilities as are required to be sure that you shed not innocent blood, they must be the fruit of the unanimous evidences of witnesses who have no interest in deposing. From this concourse of probabilities, a strong opinion will be formed, which will serve to excuse your judgment; but as you will never have entire certainty, you cannot flatter yourself with knowing the truth perfectly. Consequently you should always lean towards mercy rather than towards rigor. If it concerns only facts, from which neither manslaughter nor mutilation have resulted, it is evident that you should neither cause the accused to be put to death nor mutilated.
If the question is only of words, it is still more evident that you should not cause one of your fellow-creatures to be hanged for the manner in which he has used his tongue; for all the words in the world being but agitated air, at least if they have not caused murder, it is ridiculous to condemn a man to death for having agitated the air. Put all the idle words which have been uttered into one scale, and into the other the blood of a man, and the blood will weigh down. Now, if he who has been brought before you is only accused of some words which his enemies have taken in a certain sense, all that you can do is to repeat these words to him, which he will explain in the sense he intended; but to deliver an innocent man to the most cruel and ignominious punishment, for words that his enemies do not comprehend, is too barbarous. You make the life of a man of no more importance than that of a lizard; and too many judges resemble you.
TYRANNY.
The sovereign is called a tyrant who knows no laws but his caprice; who takes the property of his subjects, and afterwards enlists them to go and take that of his neighbors. We have none of these tyrants in Europe. We distinguish the tyranny of one and that of many. The tyranny of several is that of a body which would invade the rights of other bodies, and which would exercise despotism by favor of laws which it corrupts. Neither are there any tyrannies of this kind in Europe.
Under what tyranny should you like best to live? Under none; but if I must choose, I should less detest the tyranny of a single one, than that of many. A despot has always some good moments; an assemblage of despots, never. If a tyrant does me an injustice, I can disarm him through his mistress, his confessor, or his page; but a company of tyrants is inaccessible to all seductions. When they are not unjust, they are harsh, and they never dispense favors. If I have but one despot, I am at liberty to set myself against a wall when I see him pass, to prostrate myself, or to strike my forehead against the ground, according to the custom of the country; but if there is a company of a hundred tyrants, I am liable to repeat this ceremony a hundred times a day, which is very tiresome to those who have not supple joints. If I have a farm in the neighborhood of one of our lords, I am crushed; if I complain against a relative of the relatives of any one of our lords, I am ruined. How must I act? I fear that in this world we are reduced to being either the anvil or the hammer; happy at least is he who escapes this alternative.