"But I am speaking as if laws, clumsy and barbarous as they are, were at least clear and precise. But much is necessary for them to become so. The 'gramarye' of a wizard would be easy to understand compared with many of the articles in our codes and case-law. This difficulty of interpretation has greatly contributed to the establishing of divers degrees of jurisdiction, and we admit that what the manorial court has not understood the Parliamentary gentlemen will make clear. It is expecting a great deal from five men in red robes and square caps, who even after having recited the Veni Creator are still subject to error; and it is better to acknowledge that the highest court judges without further appeal, for the sole reason, that the others were exhausted before recourse was had to this. The prince is himself of this opinion, for he has a judgment-seat[16] above the Parliament."
XXII
JUSTICE (concluded)
y good master looked sorrowfully at the flowing water, an image of this life, where all things pass and nothing changes. He pondered for some time and then continued in a low voice:
"That point is of itself, my son, an insurmountable perplexity to me, that it is needful that justice should come from judges. It is clear that they are interested in finding guilty the man whom they at first suspected. Esprit de corps, so strong among them, pushes them to it, and so you may see throughout their procedure how they brush aside the defence as importunate, and only allow it a hearing when the prosecution has donned its arms and composed its countenance, and has, in fact, contrived to assume the air of the Goddess of Wisdom. By professional feeling they are inclined to see guilt in every accused person, and their zeal appears so alarming to certain European nations that, in important cases, they give them the help of twelve men, drawn by lot. Whereby, it appears, blind chance is a better guarantee of the life and liberty of the accused than can be the enlightened conscience of a judge. It is true, however, that these bourgeois magistrates, drawn by lot, are kept out of the affair, of which they see but the outside pomp and show. And it is also true that, ignorant of the law, they are not called upon to apply it, but to decide merely, in one word, whether it is a case for applying it. It is said that this kind of assize results sometimes in absurdities, but that the nations who have instituted it are attached to it as a kind of very precious safeguard. I willingly believe that. And I understand their accepting decrees given in such fashion, which may be inept or cruel, but at least whose absurdity and barbarity cannot be imputed to one person, so to speak. Iniquity seems bearable when it is incoherent enough to appear involuntary.
"The little official of a moment ago, who had such a feeling for justice, suspected me of taking the side of thieves and assassins. On the contrary, I disapprove so strongly of theft and murder that I cannot endure even the authorised copy of them by the law, and it is painful to me to observe that judges have found no better way to punish rogues and homicides than by imitating them; for in truth, Tournebroche my son, what is fine or execution, save theft and murder, perpetrated with majestic punctiliousness? And do you not see that, notwithstanding all its splendour, our justice only attains to the shameful revenge of evil for evil, misery for misery; and to the doubling of crimes and sins for the sake of equilibrium and symmetry? It is possible, in the carrying out of this duty, to exercise a certain probity and disinterestedness. One may show oneself a l'Hospital as well as a Jeffreys, and for my part I know a magistrate who is an honest fellow enough. But to return to the principle of the thing, I have wanted to show the true character of an institution which the pride of the judges and the terror of the people, vying with each other, have clothed in borrowed majesty. I have wanted to show the humble origin of these codes they wish to make august, and which are in reality but an odd heap of expedients.
"Alas! laws emanate from man; a poor and miserable origin. They are mostly born of occasion. Ignorance, superstition, the pride of princes, the interests of the legislator, caprice, fantasy—these are the sources of the great body of the law, which becomes worthy of veneration when it is no longer intelligible. This obscurity that envelops it, thickened by the commentators, gives it the majesty of the oracles of old. I hear on all sides, and I read in every paper, that nowadays we make laws fitting for the circumstance and the occasion. That is the view of the short-sighted, who fail to see that it is but following an immemorial custom, and that in all times laws have resulted from some chance thing. We complain also of the obscurity and contradiction into which legislators continually fall. And we fail to note that their predecessors were equally dense and confused.
"In actual fact, Tournebroche my son, laws are good or bad less by their nature than in the way we use them, and such and such a provision, extremely wicked though it be, does no harm if the judge does not put it into force. Custom is stronger than law. Refinement of manners, gentleness of mind, are the only remedies one can reasonably bring for legal barbarity. For to correct laws by laws is to take a lengthy and uncertain road. Centuries alone undo the work of centuries. There is little hope that a French Numa will meet one day in the forest of Compiègne, or among the rocks of Fontainebleau, with another nymph Egeria, who shall dictate wise laws to him."
He gazed for long on the hills which showed blue on the horizon. His air was grave and sad. Then, laying his hand gently on my shoulder, he spoke to me in accents so profound that I was touched to the depths of my soul. He said:
"Tournebroche, my son, you see me, all at once, wavering and embarrassed, stammering and stupid, at the mere notion of correcting what I find detestable. Do not think this timidity of mind. Nothing may give pause to the audacity of my thought. But note well, my son, what I now say to you. Truths, detected by the intelligence, will for ever remain sterile. The heart alone can fertilise its dreams. It pours the water of life on all it loves. Seeds of good are sown in the world by the feelings. Reason has no such virtue. And I confess that up to now I have been too reasonable in my criticism of laws and manners. And so this judgment will fall without fruit, and wither as a tree bitten by April frosts. To help mankind one must throw aside all reason as an encumbrance, and rise on the wings of enthusiasm. So long as we reason we shall never soar."