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connection of the marquise with Sainte-Croix, but denying her participation in the murders of the d’Aubrays, father and sons: these he ascribed entirely to the vengeance desired by Sainte-Croix. As to the confession, the strongest and, he maintained, the only evidence against Madame de Brinvilliers, he attacked its validity by bringing forward certain similar cases, where the evidence supplied by the accused against themselves had not been admitted by reason of the legal action: ‘Non auditur perire volens’. He cited three instances, and as they are themselves interesting, we copy them verbatim from his notes.

 

FIRST CASE

Dominicus Soto, a very famous canonist and theologian, confessor to Charles V, present at the first meetings of the Council of Trent under Paul III, propounds a question about a man who had lost a paper on which he had written down his sins. It happened that this paper fell into the hands of an ecclesiastical judge, who wished to put in information against the writer on the strength of this document. Now this judge was justly punished by his superior, because confession is so sacred that even that which is destined to constitute the confession should be wrapped in eternal silence. In accordance with this precedent, the following judgment, reported in the ‘Traite des Confesseurs’, was given by Roderic Acugno. A Catalonian, native of Barcelona, who was condemned to death for homicide and owned his guilt, refused to confess when the hour of punishment arrived. However strongly pressed, he resisted, and so violently, giving no reason, that all were persuaded that his mind was unhinged by the fear of death. Saint-Thomas of Villeneuve, Archbishop of Valencia, heard of his obstinacy. Valencia was the place where his sentence was given. The worthy prelate was so charitable as to try to persuade the criminal to make his confession, so as not to lose his soul as well as his body. Great was his surprise, when he asked the reason of the refusal, to hear the doomed man declare that he hated confessors, because he had been condemned through the treachery of his own priest, who was the only person who knew about the murder. In confession he had admitted his crime and said where the body was buried, and all about it; his confessor had revealed it all, and he could not deny it, and so he had been condemned. He had only just learned, what he did not know at the time he confessed, that his confessor was the brother of the man he had killed, and that the desire for vengeance had prompted the bad priest to betray his confession. Saint-Thomas, hearing this, thought that this incident was of more importance than the trial, which concerned the life of only one person, whereas the honour of religion was at stake, with consequences infinitely more important. He felt he must verify this statement, and summoned the confessor. When he had admitted the breach of faith, the judges were obliged to revoke their sentence and pardon the criminal, much to the gratification of the public mind. The confessor was adjudged a very severe penance, which Saint-Thomas modified because of his prompt avowal of his fault, and still more because he had given an opportunity for the public exhibition of that reverence which judges themselves are bound to pay to confessions.

 

SECOND CASE

In 1579 an innkeeper at Toulouse killed with his own hand, unknown to the inmates of his house, a stranger who had come to lodge with him, and buried him secretly in the cellar. The wretch then suffered from remorse, and confessed the crime with all its circumstances, telling his confessor where the body was buried. The relations of the dead man, after making all possible search to get news of him, at last proclaimed through the town a large reward to be given to anyone who would discover what had happened to him. The confessor, tempted by this bait, secretly gave word that they had only to search in the innkeeper’s cellar and they would find the corpse. And they found it in the place indicated. The innkeeper was thrown into prison, was tortured, and confessed his crime. But afterwards he always maintained that his confessor was the only person who could have betrayed him. Then the Parliament, indignant with such means of finding out the truth, declared him innocent, failing other proof than what came through his confessor. The confessor was himself condemned to be hanged, and his body was burnt. So fully did the tribunal in its wisdom recognise the importance of securing the sanctity of a sacrament that is indispensable to salvation.

 

THIRD CASE

An Armenian woman had inspired a violent passion in a young Turkish gentleman, but her prudence was long an obstacle to her lover’s desires. At last he went beyond all bounds, and threatened to kill both her and her husband if she refused to gratify him. Frightened by this threat, which she knew too well he would carry out, she feigned consent, and gave the Turk a rendezvous at her house at an hour when she said her husband would be absent; but by arrangement the husband arrived, and although the Turk was armed with a sabre and a pair of pistols, it so befell that they were fortunate enough to kill their enemy, whom they buried under their dwelling unknown to all the world. But some days after the event they went to confess to a priest of their nation, and revealed every detail of the tragic story. This unworthy minister of the Lord supposed that in a Mahommedan country, where the laws of the priesthood and the functions of a confessor are either unknown or disapproved, no examination would be made into the source of his information, and that his evidence would have the same weight as any other accuser’s. So he resolved to make a profit and gratify his own avarice. Several times he visited the husband and wife, always borrowing considerable sums, and threatening to reveal their crime if they refused him. The first few times the poor creatures gave in to his exactions; but the moment came at last when, robbed of all their fortune, they were obliged to refuse the sum he demanded. Faithful to his threat, the priest, with a view to more reward, at once denounced them to the dead man’s father. He, who had adored his son, went to the vizier, told him he had identified the murderers through their confessor, and asked for justice. But this denunciation had by no means the desired effect. The vizier, on the contrary, felt deep pity for the wretched Armenians, and indignation against the priest who had betrayed them. He put the accuser into a room which adjoined the court, and sent for the Armenian bishop to ask what confession really was, and what punishment was deserved by a priest who betrayed it, and what was the fate of those whose crimes were made known in this fashion. The bishop replied that the secrets of confession are inviolable, that Christians burn the priest who reveals them, and absolve those whom he accuses, because the avowal made by the guilty to the priest is proscribed by the Christian religion, on pain of eternal damnation. The vizier, satisfied with the answer, took the bishop into another room, and summoned the accused to declare all the circumstances: the poor wretches, half dead, fell at the vizier’s feet. The woman spoke, explaining that the necessity of defending life and honour had driven them to take up arms to kill their enemy. She added that God alone had witnessed their crime, and it would still be unknown had not the law of the same God compelled them to confide it to the ear of one of His ministers for their forgiveness. Now the priest’s insatiable avarice had ruined them first and then denounced them. The vizier made them go into a third room, and ordered the treacherous priest to be confronted with the bishop, making him again rehearse the penalties incurred by those who betray confessions. Then, applying this to the guilty priest, he condemned him to be burnt alive in a public place;—in anticipation, said he, of burning in hell, where he would assuredly receive the punishment of his infidelity and crimes. The sentence was executed without delay.

In spite of the effect which the advocate intended to produce by these three cases, either the judges rejected them, or perhaps they thought the other evidence without the confession was enough, and it was soon clear to everyone, by the way the trial went forward, that the marquise would be condemned. Indeed, before sentence was pronounced, on the morning of July 16th, 1676, she saw M. Pirot, doctor of the Sorbonne, come into her prison, sent by the chief president. This worthy magistrate, foreseeing the issue, and feeling that one so guilty should not be left till the last moment, had sent the good priest. The latter, although he had objected that the Conciergerie had its own two chaplains, and added that he was too feeble to undertake such a task, being unable even to see another man bled without feeling ill, accepted the painful mission, the president having so strongly urged it, on the ground that in this case he needed a man who could be entirely trusted. The president, in fact, declared that, accustomed as he was to dealing with criminals, the strength of the marquise amazed him. The day before he summoned M. Pirot, he had worked at the trial from morning to night, and for thirteen hours the accused had been confronted with Briancourt, one of the chief witnesses against her. On that very day, there had been five hours more, and she had borne it all, showing as much respect towards her judges as haughtiness towards the witness, reproaching him as a miserable valet, given to drink, and protesting that as he had been dismissed for his misdemeanours, his testimony against her ought to go for nothing. So the chief president felt no hope of breaking her inflexible spirit, except by the agency of a minister of religion; for it was not enough to put her to death, the poisons must perish with her, or else society would gain nothing. The doctor Pirot came to the marquise with a letter from her sister, who, as we know, was a nun bearing the name of Sister Marie at the convent Saint-Jacques. Her letter exhorted the marquise, in the most touching and affectionate terms, to place her confidence in the good priest, and look upon him not only as a helper but as a friend.

When M. Pirot came before the marquise, she had just left the dock, where she had been for three hours without confessing anything, or seeming in the least touched by what the president said, though he, after acting the part of judge, addressed her simply as a Christian, and showing her what her deplorable position was, appearing now for the last time before men, and destined so soon to appear before God, spoke to her such moving words that he broke down himself, and the oldest and most obdurate judges present wept when they heard him. When the marquise perceived the doctor, suspecting that her trial was leading her to death, she approached him, saying:

“You have come, sir, because–-”

But Father Chavigny, who was with M. Pirot; interrupted her, saying:

“Madame, we will begin with a prayer.”

They all fell on their knees invoking the Holy Spirit; then the marquise asked them to add a prayer to the Virgin, and, this prayer finished, she went up to the doctor, and, beginning afresh, said:

“Sir, no doubt the president has sent you to give me consolation: with you I am to pass the little life I have left. I have long been eager to see you.”

“Madame,” the doctor replied, “I come

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