The Man Who Laughs, Victor Hugo [best book clubs .txt] 📗

which is about to follow was in those days a frequent one in England, and might even, by criminal process, be carried out to-day, since the same laws are still unrepealed. England offers the curious sight of a barbarous code living on the best terms with liberty. We confess that they make an excellent family party.

Some distrust, however, might not be undesirable. In the case of a crisis, a return to the penal code would not be impossible. English legislation is a tamed tiger with a velvet paw, but the claws are still there. Cut the claws of the law, and you will do well. Law almost ignores right. On one side is penalty, on the other humanity. Philosophers protest; but it will take some time yet before the justice of man is assimilated to the justice of God.

Respect for the law: that is the English phrase. In England they venerate so many laws, that they never repeal any. They save themselves from the consequences of their veneration by never putting them into execution. An old law falls into disuse like an old woman, and they never think of killing either one or the other. They cease to make use of them; that is all. Both are at liberty to consider themselves still young and beautiful. They may fancy that they are as they were. This politeness is called respect.

Norman custom is very wrinkled. That does not prevent many an English judge casting sheep's eyes at her. They stick amorously to an antiquated atrocity, so long as it is Norman. What can be more savage than the gibbet? In 1867 a man was sentenced to be cut into four quarters and offered to a woman—the Queen.[18]

Still, torture was never practised in England. History asserts this as a fact. The assurance of history is wonderful.

Matthew of Westminster mentions that the "Saxon law, very clement and kind," did not punish criminals by death; and adds that "it limited itself to cutting off the nose and scooping out the eyes." That was all!

Gwynplaine, scared and haggard, stood at the top of the steps, trembling in every limb. He shuddered from head to foot. He tried to remember what crime he had committed. To the silence of the wapentake had succeeded the vision of torture to be endured. It was a step, indeed, forward; but a tragic one. He saw the dark enigma of the law under the power of which he felt himself increasing in obscurity.

The human form lying on the earth rattled in its throat again.

Gwynplaine felt some one touching him gently on his shoulder.

It was the wapentake.

Gwynplaine knew that meant that he was to descend.

He obeyed.

He descended the stairs step by step. They were very narrow, each eight or nine inches in height. There was no hand-rail. The descent required caution. Two steps behind Gwynplaine followed the wapentake, holding up his iron weapon; and at the same interval behind the wapentake, the justice of the quorum.

As he descended the steps, Gwynplaine felt an indescribable extinction of hope. There was death in each step. In each one that he descended there died a ray of the light within him. Growing paler and paler, he reached the bottom of the stairs.

The larva lying chained to the four pillars still rattled in its throat.

A voice in the shadow said,—

"Approach!"

It was the sheriff addressing Gwynplaine.

Gwynplaine took a step forward.

"Closer," said the sheriff.

The justice of the quorum murmured in the ear of Gwynplaine, so gravely that there was solemnity in the whisper, "You are before the sheriff of the county of Surrey."

Gwynplaine advanced towards the victim extended in the centre of the cell. The wapentake and the justice of the quorum remained where they were, allowing Gwynplaine to advance alone.

When Gwynplaine reached the spot under the porch, close to that miserable thing which he had hitherto perceived only from a distance, but which was a living man, his fear rose to terror. The man who was chained there was quite naked, except for that rag so hideously modest, which might be called the vineleaf of punishment, the succingulum of the Romans, and the christipannus of the Goths, of which the old Gallic jargon made cripagne. Christ wore but that shred on the cross.

The terror-stricken sufferer whom Gwynplaine now saw seemed a man of about fifty or sixty years of age. He was bald. Grizzly hairs of beard bristled on his chin. His eyes were closed, his mouth open. Every tooth was to be seen. His thin and bony face was like a death's-head. His arms and legs were fastened by chains to the four stone pillars in the shape of the letter X. He had on his breast and belly a plate of iron, and on this iron five or six large stones were laid. His rattle was at times a sigh, at times a roar.

The sheriff, still holding his bunch of roses, took from the table with the hand which was free his white wand, and standing up said, "Obedience to her Majesty."

Then he replaced the wand upon the table.

Then in words long-drawn as a knell, without a gesture, and immovable as the sufferer, the sheriff, raising his voice, said,—

"Man, who liest here bound in chains, listen for the last time to the voice of justice; you have been taken from your dungeon and brought to this jail. Legally summoned in the usual forms, formaliis verbis pressus; not regarding to lectures and communications which have been made, and which will now be repeated, to you; inspired by a bad and perverse spirit of tenacity, you have preserved silence, and refused to answer the judge. This is a detestable licence, which constitutes, among deeds punishable by cashlit, the crime and misdemeanour of overseness."

The serjeant of the coif on the right of the sheriff interrupted him, and said, with an indifference indescribably lugubrious in its effect, "Overhernessa. Laws of Alfred and of Godrun, chapter the sixth."

The sheriff resumed.

"The law is respected by all except by scoundrels who infest the woods where the hinds bear young."

Like one clock striking after another, the serjeant said,—

"Qui faciunt vastum in foresta ubi damoe solent founinare."

"He who refuses to answer the magistrate," said the sheriff, "is suspected of every vice. He is reputed capable of every evil."

The serjeant interposed.

"Prodigus, devorator, profusus, salax, ruffianus, ebriosus, luxuriosus, simulator, consumptor patrimonii, elluo, ambro, et gluto."

"Every vice," said the sheriff, "means every crime. He who confesses nothing, confesses everything. He who holds his peace before the questions of the judge is in fact a liar and a parricide."

"Mendax et parricida," said the serjeant.

The sheriff said,—

"Man, it is not permitted to absent oneself by silence. To pretend contumaciousness is a wound given to the law. It is like Diomede wounding a goddess. Taciturnity before a judge is a form of rebellion. Treason to justice is high treason. Nothing is more hateful or rash. He who resists interrogation steals truth. The law has provided for this. For such cases, the English have always enjoyed the right of the foss, the fork, and chains."

"Anglica Charta, year 1088," said the serjeant. Then with the same mechanical gravity he added, "Ferrum, et fossam, et furcas cum aliis libertatibus."

The sheriff continued,—

"Man! Forasmuch as you have not chosen to break silence, though of sound mind and having full knowledge in respect of the subject concerning which justice demands an answer, and forasmuch as you are diabolically refractory, you have necessarily been put to torture, and you have been, by the terms of the criminal statutes, tried by the 'Peine forte et dure.' This is what has been done to you, for the law requires that I should fully inform you. You have been brought to this dungeon. You have been stripped of your clothes. You have been laid on your back naked on the ground, your limbs have been stretched and tied to the four pillars of the law; a sheet of iron has been placed on your chest, and as many stones as you can bear have been heaped on your belly, 'and more,' says the law."

"Plusque," affirmed the serjeant.

The sheriff continued,—

"In this situation, and before prolonging the torture, a second summons to answer and to speak has been made you by me, sheriff of the county of Surrey, and you have satanically kept silent, though under torture, chains, shackles, fetters, and irons."

"Attachiamenta legalia," said the serjeant.

"On your refusal and contumacy," said the sheriff, "it being right that the obstinacy of the law should equal the obstinacy of the criminal, the proof has been continued according to the edicts and texts. The first day you were given nothing to eat or drink."

"Hoc est superjejunare," said the serjeant.

There was silence, the awful hiss of the man's breathing was heard from under the heap of stones.

The serjeant-at-law completed his quotation.

"Adde augmentum abstinentiæ ciborum diminutione. Consuetudo brittanica, art. 504."

The two men, the sheriff and the serjeant, alternated. Nothing could be more dreary than their imperturbable monotony. The mournful voice responded to the ominous voice; it might be said that the priest and the deacon of punishment were celebrating the savage mass of the law.

The sheriff resumed,—

"On the first day you were given nothing to eat or drink. On the second day you were given food, but nothing to drink. Between your teeth were thrust three mouthfuls of barley bread. On the third day they gave you to drink, but nothing to eat. They poured into your mouth at three different times, and in three different glasses, a pint of water taken from the common sewer of the prison. The fourth day is come. It is to-day. Now, if you do not answer, you will be left here till you die. Justice wills it."

The Serjeant, ready with his reply, appeared.

"Mors rei homagium est bonæ legi."

"And while you feel yourself dying miserably," resumed the sheriff, "no one will attend to you, even when the blood rushes from your throat, your chin, and your armpits, and every pore, from the mouth to the loins."

"A throtabolla," said the Serjeant, "et pabu et subhircis et a grugno usque ad crupponum."

The sheriff continued,—

"Man, attend to me, because the consequences concern you. If you renounce your execrable silence, and if you confess, you will only be hanged, and you will have a right to the meldefeoh, which is a sum of money."

"Damnum confitens," said the Serjeant, "habeat le meldefeoh. Leges Inæ, chapter the twentieth."

"Which sum," insisted the sheriff, "shall be paid in doitkins, suskins, and galihalpens, the only case in which this money is to pass, according to the terms of the statute of abolition, in the third of Henry V., and you will have the right and enjoyment of scortum ante mortem, and then be hanged on the gibbet. Such are the advantages of confession. Does it please you to answer to justice?"

The sheriff ceased and waited.

The prisoner lay motionless.

The sheriff resumed,—

"Man, silence is a refuge in which there is more risk than safety. The obstinate man is damnable and vicious. He who is silent before justice is a felon to the crown. Do not persist in this unfilial disobedience. Think of her Majesty. Do not oppose our gracious queen. When I speak to you, answer her; be a loyal subject."

The patient rattled in the throat.

The sheriff continued,—

"So, after the seventy-two hours of the proof, here we are at the fourth day. Man, this is the decisive day. The fourth day has been fixed by the law for the confrontation."

"Quarta die, frontem ad frontem adduce," growled the Serjeant.

"The wisdom of the law," continued the sheriff, "has chosen this last hour to hold what our ancestors called 'judgment by mortal cold,' seeing that it is the moment when men are believed on their yes or their no."

The serjeant on the right confirmed his words.

"Judicium pro frodmortell, quod homines credendi sint per suum ya et per suum no. Charter of King Adelstan, volume the first, page one hundred and sixty-three."

There was a moment's pause; then the sheriff bent his