The Eve of the French RevolutionLowell, Edward J. (Edward Jackson)
History
The Eve of the French Revolution
Lowell, Edward J. (Edward Jackson)
France -- History -- Revolution, 1789-1799 -- Causes; France -- Social conditions -- 18th century
As for the criminal proceedings of the age, there was hardly a limit to
their cruelty. Under Louis XV. the prisons were filthy dens, crowded and
unventilated, true fever-holes. A private cell ten feet square, for a
man awaiting trial, cost sixty francs a month. Large dogs were trained
to watch the prisoners and to prevent their escape. Twice a year, in May
and September, the more desperate convicts left Paris for the galleys.
They made the journey chained together in long carts, so that eight
mounted policemen could watch a hundred and twenty of them. The galleys
at Toulon appear to have been less bad than the prisons in Paris. They
were kept clean and well-aired, and the prisoners were fairly well fed
and clothed; but some of them had been imprisoned for forty, fifty, or
even sixty years. They were allowed to for themselves and to earn a
little money. They were divided into three classes, deserters,
smugglers, and thieves, distinguished by the color of their caps.
[Footnote: Mercier, iii. 265, x. 151. Howard, Lazarettos, 54.]
Torture was regarded as a regular means for the discovery of crime. It
was administered in various ways, the forms differing from province to
province. They included the application of fire to various parts of the
body, the distension of the stomach and lungs by water poured into
mouth, thumbscrews, the rack, the boot. These were but methods of
investigation, used on men and women whose crime was not proved. They
might be repeated after conviction for the discovery of accomplices. The
greater part of the examination of accused persons was carried on in
private, and during it they were not allowed counsel for their defense.
They were confronted but once with the witnesses against them, and that
only after those witnesses had given their evidence and were liable to
the penalties of perjury if they retracted it. Many offenses were
punishable with death. Thieving servants might be executed, but under
Louis XVI. public feeling rightly judged the punishment too severe for
the offense, so that masters would not prosecute nor judges condemn for
it.[Footnote: Counsel were not allowed in France for that important
part of the proceedings which was carried on in secret. Voltaire,
xlviii. 132. In England, at that time, counsel were not allowed of right
to prisoners in cases of felony; but judges were in the habit of
straining the law to admit them. Strictly they could only instruct the
prisoner in matters of law. Blackstone iv. fol. 355 (ch. 27). The
English seem for a long time to have entertained a wholesome distrust of
confessions. Blackstone, _ubi supra_. How far is the Continental
love of confessions derived from the church; and how far is the love of
the church for confessions a result of the ever present busybody in
human nature?]
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