The courts of law did not act against persons alone. The Parliament of Paris was in the habit of passing condemnation on books supposed to contain dangerous matter. The suspected volume was brought to the bar of the court by the advocate general, the objectionable passages were read, and the book declared to be "heretical, schismatical, erroneous, blasphemous, violent, impious," and condemned to be burned by the public executioner. Then a fagot was lighted at the foot of the great steps which may still be seen in front of the court-house in Paris. The street boys and vagabonds ran to see the show. The clerk of the court, if we may believe a contemporary, threw a dusty old Bible into the fire, and locked the condemned book, doubly valuable for its condemnation, safely away in his book-case.[Footnote: Mercier, iv. 241.]

As for the author, the Parliament would sometimes proceed directly against him, but oftener he was dealt with by an order under the royal hand and seal, known as a lettre de cachet[Footnote: The lettre de cachet was written on paper, signed by the king, and countersigned by a minister. It was so sealed that it could not be opened without breaking the seal. It was reputed a private order. Larousse.] Arbitrary imprisonment, without trial, is a thing so outrageous to Anglo-Saxon feelings that we are apt to forget that it has until recent years formed a part of the regular practice of most civilized nations. It is considered necessary to what is called the police of the country, a word for which we have in English no exact equivalent. Police, in this sense, not only punishes crime, but averts danger. Acts which may injure the public are prevented by guessing at evil intentions; and criminal enterprises are not allowed to come to action.

This sort of protection is a part of the function of every government; but on the Continent, in old times, and still in some countries, long and painful imprisonment of men who had never been convicted of any crime was considered one of the proper methods of police. It was justified in some measure in French eyes by the fact that secrecy saved the feelings of innocent families, which thus did not suffer in the public estimation for the misdeeds of one unruly member. In France, where the family is much more of a unit than in English-speaking countries, the disgrace of one person belonging to it affects the others far more seriously. The lettre de cachet of old France, confining its victim in a state prison, was too elaborate a method to be used with the turbulent lower classes—for them there were less dignified forms of proceeding; but it was freely employed against persons of any consequence. Spendthrifts and licentious youths were shut up at the request of their relations. Authors of dangerous books were readily clapped into the Bastille, Vincennes or Fors l'Evêque. Voltaire, Diderot, Mirabeau, and many others underwent that sort of confinement; and the first of them is said to have procured by his influence the incarceration of one of his own literary enemies. Fallen statesmen were fortunate when they did not pass from the cabinet to the prison, but were allowed the alternative of exile, or of seclusion in their own country houses. But this was not the worst. The lettre de cachet was too often the instrument of private hate. Signed carelessly, or even in blank, by the king, it could be procured by the favorite or the favorite's favorite, for his own purposes. And if the victim had no protector to plead his cause, he might be forgotten in captivity and waste a lifetime.

For such abuses as this, there is no remedy but publicity. If, on the one hand, too much has been made of the romantic story of the Bastille, which was certainly not a standing menace to most peaceable Frenchmen, too great stress, on the other hand, may be laid on the undoubted fact that under Louis XVI. the grim old fortress contained but few prisoners, and that some of them were persons who might have been cast into prison under any system of government. In the reign of that king's immediate predecessor great injustice had been committed. Nor had arbitrary proceedings been entirely renounced by the government of Louis XVI. itself. In the very last year before that in which the Estates General met at Versailles, the royal ministers imprisoned in the Bastille twelve Breton gentlemen, whose crime was that they importunately presented a petition from the nobles of their province. The apartments which they were to occupy were filled with other prisoners, so room was made by removing these unhappy occupants to the madhouse at Charenton, whence they were released only in the following year by order of a committee of the National Assembly.[Footnote: Barère, i. 281. Perhaps the most terrifying thing about the Bastille was that no one really knew what went on inside. Mercier thinks that the common people were not afraid of it, iii. 287, 289.]

CHAPTER IX.

EQUALITY AND LIBERTY.

It was as a privileged order that the Nobility of France principally excited the ill-will of the common people. The more thoughtful Frenchmen of the eighteenth century, all of them at least who have come to be known by the name of Philosophers, set before themselves two great ideals. These were equality and liberty. The aspiration after these was accompanied in their minds by contempt for the past and its lessons, misunderstanding of the benefits which former ages had bequeathed to them, and hatred of the wrongs and abuses which had come down from earlier times. Among them the word gothic was a violent term of reproach, aimed indiscriminately at buildings, laws, and customs. History, with the exception of that of Sparta, was thought to consist far more of warnings than of models. Just before the Revolution, a number of persons who had met in a lady's parlor were discussing the education of the Dauphin. "I think," said Lafayette," that he would do well to begin his History of France with the year 1787."

This tendency to depreciate the past was due in a measure to the preference, natural to lively minds, for deductive over inductive methods of thought. It is so much easier and pleasanter to assume a few plausible general principles and meditate upon them, than to amass and compare endless series of dry facts, that not by long chastening will the greater part of the world be brought to the more arduous method. Nor should enthusiasm for one of the great processes of thought cause contempt of the other. Even the great inductive French philosopher of the eighteenth century, Montesquieu, failed in a measure to grasp the continuity of history; and drew the facts for his study rather from China and from England than from France, rather from the Roman republic than the existing monarchy. Fear of the censor and of the civil and ecclesiastical tribunals, which would not bear the open discussion of questions of present interest, doubtless added to this tendency.

The idea of equality at first seems simple, but equality may be of many kinds. Absolute equality in all respects between two human beings, no one has ever seen, and no one perhaps has ever thought of desiring. All the relations of life are founded on inequality. By their differences husband and wife, friend and friend, are made necessary and endeared to each other; the parent protects and serves the child, the child obeys and helps the parent; the citizen calls on the magistrate to guard his rights, the magistrate enforces the laws which have their sanction in the consent of the body of citizens. Equality as a political ideal is therefore a limited equality. It may extend to condition, it may be confined to civil rights, or to opportunities.

The Philosophers of the eighteenth century, followed by a school in our day, universally assumed that an approximate equality of condition was desirable. Rousseau agreed with Montesquieu, in believing that a small republic, none of whose citizens were either very rich or very poor, was likely to be in a desirable condition. Virtue, they thought, would be its especial characteristic. In some of the Swiss cantons, and later in the struggling American colonies of Great Britain, Frenchmen discovered communities approaching their ideal in respect to the equal distribution of wealth; and their discovery in the latter case was not without great results. This kind of equality has since passed away from large portions of America, as it must always disappear where civilization increases. Good people mourn its departure; some few, perhaps, would patiently endure its return. They are about as numerous as those who abandon city life to dwell permanently in the country, also the home of comparative equality of condition. The theoretic admiration for this sort of equality was shared by a large and enlightened part of the French nobility. Thus the order was weakened by the fact that many of its own members did not believe in its claims.