The Man Who Laughs

CHAPTER III.

LEX, REX, FEX

Unexplained arrest, which would greatly astonish an Englishman nowadays, was then a very usual proceeding of the police. Recourse was had to it, notwithstanding the Habeas Corpus Act, up to George II.'s time, especially in such delicate cases as were provided for by lettres de cachet in France; and one of the accusations against which Walpole had to defend himself was that he had caused or allowed Neuhoff to be arrested in that manner. The accusation was probably without foundation, for Neuhoff, King of Corsica, was put in prison by his creditors.

These silent captures of the person, very usual with the Holy Væhme in Germany, were admitted by German custom, which rules one half of the old English laws, and recommended in certain cases by Norman custom, which rules the other half. Justinian's chief of the palace police was called "silentiarius imperialis." The English magistrates who practised the captures in question relied upon numerous Norman texts: —Canes latrant, sergentes silent. Sergenter agere, id est tacere. They quoted Lundulphus Sagax, paragraph 16: Facit imperator silentium. They quoted the charter of King Philip in 1307: Multos tenebimus bastonerios qui, obmutescentes, sergentare valeant. They quoted the statutes of Henry I. of England, cap. 53: Surge signo jussus. Taciturnior esto. Hoc est esse in captione regis. They took advantage especially of the following description, held to form part of the ancient feudal franchises of England: – "Sous les viscomtes sont les serjans de l'espée, lesquels doivent justicier vertueusement à l'espée tous ceux qui suient malveses compagnies, gens diffamez d'aucuns crimes, et gens fuites et forbannis… et les doivent si vigoureusement et discrètement appréhender, que la bonne gent qui sont paisibles soient gardez paisiblement et que les malfeteurs soient espoantés." To be thus arrested was to be seized "à le glaive de l'espée." (Vetus Consuetudo Normanniæ, MS. part I, sect. I, ch. 11.) The jurisconsults referred besides "in Charta Ludovici Hutum pro Normannis, chapter Servientes spathæ." Servientes spathæ, in the gradual approach of base Latin to our idioms, became sergentes spadæ.

These silent arrests were the contrary of the Clameur de Haro, and gave warning that it was advisable to hold one's tongue until such time as light should be thrown upon certain matters still in the dark. They signified questions reserved, and showed in the operation of the police a certain amount of raison d'état.

The legal term "private" was applied to arrests of this description. It was thus that Edward III., according to some chroniclers, caused Mortimer to be seized in the bed of his mother, Isabella of France. This, again, we may take leave to doubt; for Mortimer sustained a siege in his town before being captured.

Warwick, the king-maker, delighted in practising this mode of "attaching people." Cromwell made use of it, especially in Connaught; and it was with this precaution of silence that Trailie Arcklo, a relation of the Earl of Ormond, was arrested at Kilmacaugh.

These captures of the body by the mere motion of justice represented rather the mandat de comparution than the warrant of arrest. Sometimes they were but processes of inquiry, and even argued, by the silence imposed upon all, a certain consideration for the person seized. For the mass of the people, little versed as they were in the estimate of such shades of difference, they had peculiar terrors.

It must not be forgotten that in 1705, and even much later, England was far from being what she is to-day. The general features of its constitution were confused and at times very oppressive. Daniel Defoe, who had himself had a taste of the pillory, characterizes the social order of England, somewhere in his writings, as the "iron hands of the law." There was not only the law; there was its arbitrary administration. We have but to recall Steele, ejected from Parliament; Locke, driven from his chair; Hobbes and Gibbon, compelled to flight; Charles Churchill, Hume, and Priestley, persecuted; John Wilkes sent to the Tower. The task would be a long one, were we to count over the victims of the statute against seditious libel. The Inquisition had, to some extent, spread its arrangements throughout Europe, and its police practice was taken as a guide. A monstrous attempt against all rights was possible in England. We have only to recall the Gazetier Cuirassé. In the midst of the eighteenth century, Louis XV. had writers, whose works displeased him, arrested in Piccadilly. It is true that George II. laid his hands on the Pretender in France, right in the middle of the hall at the opera. Those were two long arms – that of the King of France reaching London; that of the King of England, Paris! Such was the liberty of the period.

CHAPTER IV.

URSUS SPIES THE POLICE

As we have already said, according to the very severe laws of the police of those days, the summons to follow the wapentake, addressed to an individual, implied to all other persons present the command not to stir.

Some curious idlers, however, were stubborn, and followed from afar off the cortège which had taken Gwynplaine into custody.

Ursus was of them. He had been as nearly petrified as any one has a right to be. But Ursus, so often assailed by the surprises incident to a wandering life, and by the malice of chance, was, like a ship-of-war, prepared for action, and could call to the post of danger the whole crew – that is to say, the aid of all his intelligence.

He flung off his stupor and began to think. He strove not to give way to emotion, but to stand face to face with circumstances.

To look fortune in the face is the duty of every one not an idiot; to seek not to understand, but to act.

Presently he asked himself, What could he do?

Gwynplaine being taken, Ursus was placed between two terrors – a fear for Gwynplaine, which instigated him to follow; and a fear for himself, which urged him to remain where he was.

Ursus had the intrepidity of a fly and the impassibility of a sensitive plant. His agitation was not to be described. However, he took his resolution heroically, and decided to brave the law, and to follow the wapentake, so anxious was he concerning the fate of Gwynplaine.

His terror must have been great to prompt so much courage.

To what valiant acts will not fear drive a hare!

The chamois in despair jumps a precipice. To be terrified into imprudence is one of the forms of fear.

Gwynplaine had been carried off rather than arrested. The operation of the police had been executed so rapidly that the Fair field, generally little frequented at that hour of the morning, had scarcely taken cognizance of the circumstance.

Scarcely any one in the caravans had any idea that the wapentake had come to take Gwynplaine. Hence the smallness of the crowd.

Gwynplaine, thanks to his cloak and his hat, which nearly concealed his face, could not be recognized by the passers-by.

Before he went out to follow Gwynplaine, Ursus took a precaution. He spoke to Master Nicless, to the boy Govicum, and to Fibi and Vinos, and insisted on their keeping absolute silence before Dea, who was ignorant of everything. That they should not utter a syllable that could make her suspect what had occurred; that they should make her understand that the cares of the management of the Green Box necessitated the absence of Gwynplaine and Ursus; that, besides, it would soon be the time of her daily siesta, and that before she awoke he and Gwynplaine would have returned; that all that had taken place had arisen from a mistake; that it would be very easy for Gwynplaine and himself to clear themselves before the magistrate and police; that a touch of the finger would put the matter straight, after which they should both return; above all, that no one should say a word on the subject to Dea. Having given these directions he departed.

Ursus was able to follow Gwynplaine without being remarked. Though he kept at the greatest possible distance, he so managed as not to lose sight of him. Boldness in ambuscade is the bravery of the timid.

After all, notwithstanding the solemnity of the attendant circumstances, Gwynplaine might have been summoned before the magistrate for some unimportant infraction of the law.

Ursus assured himself that the question would be decided at once.

The solution of the mystery would be made under his very eyes by the direction taken by the cortège which took Gwynplaine from Tarrinzeau Field when it reached the entrance of the lanes of the Little Strand.

If it turned to the left, it would conduct Gwynplaine to the justice hall in Southwark. In that case there would be little to fear, some trifling municipal offence, an admonition from the magistrate, two or three shillings to pay, and Gwynplaine would be set at liberty, and the representation of "Chaos Vanquished" would take place in the evening as usual. In that case no one would know that anything unusual had happened.

If the cortège turned to the right, matters would be serious.

There were frightful places in that direction.

When the wapentake, leading the file of soldiers between whom Gwynplaine walked, arrived at the small streets, Ursus watched them breathlessly. There are moments in which a man's whole being passes into his eyes.

Which way were they going to turn?

They turned to the right.

Ursus, staggering with terror, leant against a wall that he might not fall.

There is no hypocrisy so great as the words which we say to ourselves, "I wish to know the worst!" At heart we do not wish it at all. We have a dreadful fear of knowing it. Agony is mingled with a dim effort not to see the end. We do not own it to ourselves, but we would draw back if we dared; and when we have advanced, we reproach ourselves for having done so.

Thus did Ursus. He shuddered as he thought, —

"Here are things going wrong. I should have found it out soon enough. What business had I to follow Gwynplaine?"

Having made this reflection, man being but self-contradiction, he increased his pace, and, mastering his anxiety, hastened to get nearer the cortège, so as not to break, in the maze of small streets, the thread between Gwynplaine and himself.

The cortège of police could not move quickly, on account of its solemnity.

The wapentake led it.

The justice of the quorum closed it.

This order compelled a certain deliberation of movement.

All the majesty possible in an official shone in the justice of the quorum. His costume held a middle place between the splendid robe of a doctor of music of Oxford and the sober black habiliments of a doctor of divinity of Cambridge. He wore the dress of a gentleman under a long godebert, which is a mantle trimmed with the fur of the Norwegian hare. He was half Gothic and half modern, wearing a wig like Lamoignon, and sleeves like Tristan l'Hermite. His great round eye watched Gwynplaine with the fixedness of an owl's.

He walked with a cadence. Never did honest man look fiercer.

Ursus, for a moment thrown out of his way in the tangled skein of streets, overtook, close to Saint Mary Overy, the cortège, which had fortunately been retarded in the churchyard by a fight between children and dogs – a common incident in the streets in those days. "Dogs and boys," say the old registers of police, placing the dogs before the boys.

A man being taken before a magistrate by the police was, after all, an everyday affair, and each one having his own business to attend to, the few who had followed soon dispersed. There remained but Ursus on the track of Gwynplaine.

They passed before two chapels opposite to each other, belonging the one to the Recreative Religionists, the other to the Hallelujah League – sects which flourished then, and which exist to the present day.

Then the cortège wound from street to street, making a zigzag, choosing by preference lanes not yet built on, roads where the grass grew, and deserted alleys.

At length it stopped.

It was in a little lane with no houses except two or three hovels. This narrow alley was composed of two walls – one on the left, low; the other on the right, high. The high wall was black, and built in the Saxon style with narrow holes, scorpions, and large square gratings over narrow loopholes. There was no window on it, but here and there slits, old embrasures of pierriers and archegayes. At the foot of this high wall was seen, like the hole at the bottom of a rat-trap, a little wicket gate, very elliptical in its arch.

This small door, encased in a full, heavy girding of stone, had a grated peephole, a heavy knocker, a large lock, hinges thick and knotted, a bristling of nails, an armour of plates, and hinges, so that altogether it was more of iron than of wood.

There was no one in the lane – no shops, no passengers; but in it there was heard a continual noise, as if the lane ran parallel to a torrent. There was a tumult of voices and of carriages. It seemed as if on the other side of the black edifice there must be a great street, doubtless the principal street of Southwark, one end of which ran into the Canterbury road, and the other on to London Bridge.

All the length of the lane, except the cortège which surrounded Gwynplaine, a watcher would have seen no other human face than the pale profile of Ursus, hazarding a hall advance from the shadow of the corner of the wall – looking, yet fearing to see. He had posted himself behind the wall at a turn of the lane.

The constables grouped themselves before the wicket. Gwynplaine was in the centre, the wapentake and his baton of iron being now behind him.

The justice of the quorum raised the knocker, and struck the door three times. The loophole opened.

The justice of the quorum said, —

"By order of her Majesty."

The heavy door of oak and iron turned on its hinges, making a chilly opening, like the mouth of a cavern. A hideous depth yawned in the shadow.

Ursus saw Gwynplaine disappear within it.

CHAPTER V.

A FEARFUL PLACE

The wapentake entered behind Gwynplaine.

Then the justice of the quorum.

Then the constables.

The wicket was closed.

The heavy door swung to, closing hermetically on the stone sills, without any one seeing who had opened or shut it. It seemed as if the bolts re-entered their sockets of their own act. Some of these mechanisms, the inventions of ancient intimidation, still exist in old prisons – doors of which you saw no doorkeeper. With them the entrance to a prison becomes like the entrance to a tomb.

This wicket was the lower door of Southwark Jail.

There was nothing in the harsh and worm-eaten aspect of this prison to soften its appropriate air of rigour.

Originally a pagan temple, built by the Catieuchlans for the Mogons, ancient English gods, it became a palace for Ethelwolf and a fortress for Edward the Confessor; then it was elevated to the dignity of a prison, in 1199, by John Lackland. Such was Southwark Jail. This jail, at first intersected by a street, like Chenonceaux by a river, had been for a century or two a gate – that is to say, the gate of the suburb; the passage had then been walled up. There remain in England some prisons of this nature. In London, Newgate; at Canterbury, Westgate; at Edinburgh, Canongate. In France the Bastile was originally a gate.

Almost all the jails of England present the same appearance – a high wall without and a hive of cells within. Nothing could be more funereal than the appearance of those prisons, where spiders and justice spread their webs, and where John Howard, that ray of light, had not yet penetrated. Like the old Gehenna of Brussels, they might well have been designated Treurenberg —the house of tears.

Men felt before such buildings, at once so savage and inhospitable, the same distress that the ancient navigators suffered before the hell of slaves mentioned by Plautus, islands of creaking chains, ferricrepiditæ insulæ, when they passed near enough to hear the clank of the fetters.

Southwark Jail, an old place of exorcisms and torture, was originally used solely for the imprisonment of sorcerers, as was proved by two verses engraved on a defaced stone at the foot of the wicket, —

Sunt arreptitii, vexati dæmone multo

Est energumenus, quem dæmon possidet unus.

Lines which draw a subtle delicate distinction between the demoniac and man possessed by a devil.

At the bottom of this inscription, nailed flat against the wall, was a stone ladder, which had been originally of wood, but which had been changed into stone by being buried in earth of petrifying quality at a place called Apsley Gowis, near Woburn Abbey.

The prison of Southwark, now demolished, opened on two streets, between which, as a gate, it formerly served as means of communication. It had two doors. In the large street a door, apparently used by the authorities; and in the lane the door of punishment, used by the rest of the living and by the dead also, because when a prisoner in the jail died it was by that issue that his corpse was carried out. A liberation not to be despised. Death is release into infinity.

It was by the gate of punishment that Gwynplaine had been taken into prison. The lane, as we have said, was nothing but a little passage, paved with flints, confined between two opposite walls. There is one of the same kind at Brussels called Rue d'une Personne. The walls were unequal in height. The high one was the prison; the low one, the cemetery – the enclosure for the mortuary remains of the jail – was not higher than the ordinary stature of a man. In it was a gate almost opposite the prison wicket. The dead had only to cross the street; the cemetery was but twenty paces from the jail. On the high wall was affixed a gallows; on the low one was sculptured a Death's head. Neither of these walls made its opposite neighbour more cheerful.

CHAPTER VI.

THE KIND OF MAGISTRACY UNDER THE WIGS OF FORMER DAYS

Any one observing at that moment the other side of the prison – its façade – would have perceived the high street of Southwark, and might have remarked, stationed before the monumental and official entrance to the jail, a travelling carriage, recognized as such by its imperial. A few idlers surrounded the carriage. On it was a coat of arms, and a personage had been seen to descend from it and enter the prison. "Probably a magistrate," conjectured the crowd. Many of the English magistrates were noble, and almost all had the right of bearing arms. In France blazon and robe were almost contradictory terms. The Duke Saint-Simon says, in speaking of magistrates, "people of that class." In England a gentleman was not despised for being a judge.

There are travelling magistrates in England; they are called judges of circuit, and nothing was easier than to recognize the carriage as the vehicle of a judge on circuit. That which was less comprehensible was, that the supposed magistrate got down, not from the carriage itself, but from the box, a place which is not habitually occupied by the owner. Another unusual thing. People travelled at that period in England in two ways – by coach, at the rate of a shilling for five miles; and by post, paying three half-pence per mile, and twopence to the postillion after each stage. A private carriage, whose owner desired to travel by relays, paid as many shillings per horse per mile as the horseman paid pence. The carriage drawn up before the jail in Southwark had four horses and two postillions, which displayed princely state. Finally, that which excited and disconcerted conjectures to the utmost was the circumstance that the carriage was sedulously shut up. The blinds of the windows were closed up. The glasses in front were darkened by blinds; every opening by which the eye might have penetrated was masked. From without, nothing within could be seen, and most likely from within, nothing could be seen outside. However, it did not seem probable that there was any one in the carriage.