The Sieur David, capitoul of Toulouse, instigated by these rumors, and being desirous of bringing himself into notice, by the ready execution of his office, took a step contrary to all the established rules and ordinances, by ordering the Calas family, together with their Catholic maid-servant and Lavaisse, to be put in irons.
After this a monitory was published, which was as erroneous as the former step. Nay, matters were carried still farther; Mark Antony Calas had certainly died a Calvinist, and as such, if he had laid violent hands on himself, his body ought to have been dragged on a hurdle; whereas it was interred with the greatest funeral pomp in the church of St. Stephen, notwithstanding the curate entered his protest against this profanation of holy ground.
There are in Languedoc four orders of penitents, the white, the blue, the gray, and the black, who wear a long capuchin or hood, having a mask of cloth falling down over the face, in which are two holes for the sight. These orders wanted the Duke of Fitz-James to become one of their body, but he refused them. On the present occasion the white penitents performed a solemn service for Mark Antony Calas as for a martyr; nor was the festival of a real martyr ever celebrated with greater pomp by any church: but then this pomp was truly terrible. Beneath a magnificent canopy was placed a skeleton, which was made to move by springs; this skeleton was to represent Mark Antony Calas, holding in one hand a branch of palm, and, in the other, the pen with which he was to sign his abjuration of heresy; or rather, as the sequel proved, the death-warrant of his father.
And now nothing more remained to be done for this wretch who had been his own murderer but the office of canonization; the people, already to a man, looked on him as a saint; some invoked him, some went to pray at his tomb, some besought him to work miracles, while others gravely recounted those he had already performed; a monk pulled out one or two of his teeth, in order to have some lasting relics; an old woman, more pious than the rest, but unhappily troubled with a deafness, declared that she had heard the sound of bells very plainly at his interment; and a priest was cured of an apoplectic fit, after taking a stout emetic; protocols were drawn up of these stupendous miracles, and the author of this account has in his possession an affidavit to prove that a young man of Toulouse had his brain turned, on having prayed several nights successively at the tomb of the new saint, without having been able to obtain the miracle he requested of him.
Among the order of the white penitents there were some magistrates of justice; the death of John Calas seemed then inevitable.
But what more particularly hastened his fate was the approach of that singular festival, which, as I have already observed, the Toulousians celebrate every year, in commemoration of the massacre of four thousand Huguenots; the year 1762 happened to be the annum seculare of this execrable deed. The inhabitants were busied in making preparations for the solemnity; this circumstance added fresh fuel to the heated imagination of the populace; every one cried out that a scaffold for the execution of the Calas family would be one of the greatest ornaments of the ceremony; and that heaven itself seemed to have brought them thither as victims, to be sacrificed to our holy religion. Twenty persons were ear-witnesses to these speeches, and to others still more outrageous. And this, in the present age! this at a time when philosophy has made so great a progress! and while the pens of a hundred academies are employed in inculcating humanity and gentleness of manners. It should seem that enthusiasm enraged at the late success of reason, fought under her standard with redoubled fury.
Thirteen judges met every day to try this cause; they had not, they could not, have any proof against this unhappy family; but mistaken zeal held the place of proofs. Six of the judges continued a long time obstinate, being resolved to sentence John Calas, his son, and Lavaisse, to be broken on the wheel, and his wife to be burned at the stake; the other seven judges, rather more moderate, were at least for having the accused examined; the debates were frequent and long. One of the judges, convinced in his mind of the innocence of the parties, and of the impossibility of the crime laid to their charge, spoke warmly in their favor; he opposed the zeal of humanity to that of cruelty, and openly pleaded the cause of the Calas family in all the houses of Toulouse where misguided religion demanded with incessant cries the blood of these unfortunate wretches. Another judge, well known for his violence and severity, went about the town, raving with as much fury against the accused as his brother had been earnest in defending them. In short, the contest became so warm that both were obliged to enter protests against each other’s proceedings, and retire into the country.
But by a strange fatality, the judge who had been on the favorable side had the delicacy to persist in his exceptions, and the other returned to give his vote against those on whom he could no longer sit as judge; and it was his single vote which carried the sentence of being broken upon the wheel against them, there being eight voices against five, one of the six merciful judges being at last, after much contestation, brought over to the rigorous side.
In my opinion, in cases of parricide, and where the master of a family is to be devoted to the most dreadful punishment, the sentence ought to be unanimous, inasmuch as the proofs of so unparalleled[4] a crime ought to be proved in such a manner as to satisfy all the world, and the least shadow of a doubt in a case of this nature should be sufficient to make the judge tremble who is about to pass sentence of death. The weakness of our reason, and the insufficiency of our laws, become every day more obvious; but surely there cannot be a greater example of this deficiency than that one single casting vote should be sufficient to condemn a fellow-citizen to be broken alive on the wheel; the Athenians required at least fifty voices, over and above the one-half of the judges, before they would dare to pronounce sentence of death; but to what does all this tend? Why, to what we know, but make very little use of, that the Greeks were wiser and more humane than ourselves.
It appeared altogether impossible that John Calas, who was an old man of sixty-eight, and had a long while been troubled with a swelling and weakness in his legs, should have been able by himself to have mastered his son and hanged him, who was a stout young fellow of eight and twenty, and more than commonly robust; therefore he must absolutely have been assisted in this act by his wife, his other son, Peter Calas, Lavaisse, and by the servant-maid, and they had been together the whole night of this fatal adventure. But this supposition is altogether as absurd as the other; for can any one believe that a servant, who was a zealous Catholic, would have permitted those whom she looked on as heretics to murder a young man whom she herself had brought up, for his attachment to a religion to which she herself was devoted; that Lavaisse would have come purposely from Bordeaux to assist in hanging his friend, of whose pretended conversion he knew nothing, or that an affectionate mother would have joined in laying violent hands on her own son? And lastly, how could they all together have been able to strangle a young man stronger than them all, without a long and violent struggle, or without his making such a noise as must have been heard by the whole neighborhood, without repeated blows passing between them, without any marks of violence, or without any of their clothes being in the least soiled or disordered!