Part 29

After the ceremony of installation he gave his horse to the president, who had come to receive him. His dress consisted of a short robe, with mantle, collar turned down, sword, and hat with feathers; he also carried a staff of office, profusely ornamented with silver. Thus attired he attended Parliament, and assisted at the levees of the sovereign, where he took up his position on the lowest step of the throne, below the great Chamberlain. Every day, excepting at the vintage time, he was required to be present at the Châtelet, either personally or by deputy, punctually at nine in the morning. There he received the list of the prisoners who had been arrested the day before; after that he visited the prisons, settled business of various kinds, and then inspected the town. His jurisdiction extended to several courts, which were presided over by eight deputies or judges appointed by him, and who were created officers of the Châtelet by Louis XII. in 1498. Subsequently, these received their appointments direct from the King. Two auditing judges, one king's attorney, one registrar, and some bailiffs, completed the provost's staff.

The bailiffs at the Châtelet were divided into five classes: the _king's sergeant-at-arms,_ the _sergeants de la douzaine_, the _sergeants of the mace_, or _foot sergeants,_ the _sergeants fieffés_, and the _mounted sergeants_. The establishment of these officers dated from the beginning of the fourteenth century, and they were originally appointed by the provost, but afterwards by the King himself. The King's sergeants-at-arms (Fig. 310) formed his body-guard; they were not under the jurisdiction of the high constable, but of the ordinary judges, which proves that they were in civil employ. The sergeants _de la douzaine_ were twelve in number, as their name implies, all of whom were in the service of the provost; the foot sergeants, who were civilians, were gradually increased to the number of two hundred and twenty as early as the middle of the fifteenth century. They acted only in the interior of the capital, and guarded the city, the suburbs, and the surrounding districts, whereas the mounted sergeants had "to watch over the safety of the rural parishes, and to act throughout the whole extent of the provost's jurisdiction, and of that of the viscount of Paris."

In the midst of the changes of the Middle Ages, especially after the communes became free, all those kings who felt the importance of a strict system of justice, particularly St. Louis, Philippe le Bel, and Charles VIII., had seen the necessity of compiling a record of local customs. An edict of 1453 orders that "the custom shall be registered in writing, so as to be examined by the members of the great council of the Parliament." Nevertheless, this important work was never properly carried out, and to Louis XII. is due the honour of introducing a customary or usage law, and at the same time of correcting the various modes of procedure, upon which customs and usages had been based, and which had become singularly antiquated since the edict of 1302.

No monarch showed more favour to Parliament than Louis XII. During his reign of seventeen years we never find complaints from the magistracy for not having been paid punctually. But in contrast with this, on the accession of Francis I., the court complained of not having been paid its first quarter's salary. From that moment claims were perpetually being made; there were continually delays, or absolute refusals; the members were expecting "remuneration for their services, in order absolutely to enable them to support their families and households." We can thus judge of the state of the various minor courts, which, being less powerful than the supreme tribunals, and especially than that of Paris, were quite unable to get their murmurings even listened to by the proper authorities. This sad state of things continued, and, in fact, grew worse, until the assembly of the League, when Mayenne, the chief of the leaguers, in order to gratify the Parliament, promised to double the salaries, although he was unable to fulfil his promise.

Towards the end of the sixteenth century the highest French tribunal was represented by nine superior courts--namely, the Parliament of Bordeaux, created on the 9th of June, 1642; the Parliament of Brittany, which replaced the ancient _Grands-Jours,_ in March, 1553, and sat alternately at Nantes and at Rennes; the Parliament of the Dauphiné, established at Grenoble in 1451 to replace the Delphinal Council; the Parliament of Burgundy, established at Dijon in 1477, which took the place of the _Grands-Jours_ at Beaune; the movable Parliament of Dombes, created in 1528, and consisting at the same time of a court of excise and a chamber of accounts; the Parliament of Normandy, established by Louis XII. in April, 1504, intended to replace the Exchequer of Rouen, and the ancient ducal council of the province; the Parliament of Provence, founded at Aix in July, 1501; the Parliament of Toulouse, created in 1301; and the Parliament of Paris, which took precedence of all the others, both on account of its origin, its antiquity, the extent of its jurisdiction, the number of its prerogatives, and the importance of its decrees. In 1551, Henry II. created, besides these, an inferior court in each bailiwick, the duties of which were to hear, on appeal, all matters in which sums of less than two hundred livres were involved (Fig. 311). There existed, besides, a branch of the _Grands-Jours,_ occasionally sitting at Poitiers, Bayeux, and at some other central towns, in order to suppress the excesses which at times arose from religious dissensions and political controversy.

The Parliament of Paris--or _Great French Parliament_, as it was called by Philip V. and Charles V., in edicts of the 17th of November, 1318, and of the 8th of October, 1371--was divided into four principal chambers: the Grand Chamber, the Chamber of Inquiry, the Criminal Chamber, and the Chamber of Appeal. It was composed of ordinary councillors, both clerical and lay; of honorary councillors, some of whom were ecclesiastics, and others members of the nobility; of masters of inquiry; and of a considerable number of officers of all ranks (Figs. 312 to 314). It had at times as many as twenty-four presidents, one hundred and eighty-two councillors, four knights of honour, four masters of records; a public prosecutor's office was also attached, consisting of the king's counsel, an attorney-general and deputies, thus forming an assembly of from fifteen to twenty persons, called a _college_. Amongst the inferior officers we may mention twenty-six ushers, four receivers-general of trust money, three commissioners for the receipt of goods which had been seized under distress, one treasurer and paymaster, three controllers, one physician, two surgeons, two apothecaries, one matron, one receiver of fines, one inspector of estates, several keepers of refreshment establishments, who resided within the precincts of the palace, sixty or eighty notaries, four or five hundred advocates, two hundred attorneys, besides registers and deputy registers. Down to the reign of Charles VI. (1380--1422) members of Parliament held their appointment by commissions granted by the King, and renewed eaeh session. From Charles VI. to Francis I. these appointments became royal charges; but from that time, owing to the office being so often prostituted for reward, it got more and more into disrepute.

Louis XI. made the office of member of the Parliament of Paris a permanent one, and Francis I. continued this privilege. In 1580 the supreme magistracy poured 140,000,000 francs, which now would be worth fifteen or twenty times as much, into the State treasury, so as to enable members to sit permanently _sur les fleurs de lis_, and to obtain hereditary privileges. The hereditary transmission of office from father to son dealt a heavy blow at the popularity of the parliamentary body, which had already deeply suffered through shameful abuses, the enormity of the fees, the ignorance of some of the members, and the dissolute habits of many others.

The Châtelet, on the contrary, was less involved in intrigue, less occupied with politics, and was daily engaged in adjudicating in cases of litigation, and thus it rendered innumerable services in promoting the public welfare, and maintained, and even increased, the respect which it had enjoyed from the commencement of its existence. In 1498, Louis XII. required that the provost should possess the title of doctor _in utroque jure_, and that his officers, whom he made to hold their appointments for life, should be chosen from amongst the most distinguished counsellors at law. This excellent arrangement bore its fruits. As early as 1510, the "Usages of the City, Provosty, and Viscounty of Paris," were published _in extenso_, and were then received with much ceremony at a solemn audience held on the 8th of March in the episcopal palace, and were deposited among the archives of the Châtelet (Fig. 315).

The Parliament held a very different line of policy from that adopted by the Châtelet, which only took a political part in the religious troubles of Protestantism and the League with a view to serve and defend the cause of the people. In spite of its fits of personal animosity, and its rebellious freaks, Parliament remained almost invariably attached to the side of the King and the court. It always leaned to the absolute maintenance of things as they were, instead of following progress and changes which time necessitated. It was for severe measures, for intimidation more than for gentleness and toleration, and it yielded sooner or later to the injunctions and admonitions of the King, although, at the same time, it often disapproved the acts which it was asked to sanction.

Secret Tribunals.

The Old Man of the Mountain and his Followers in Syria.--The Castle of Alamond, Paradise of Assassins.--Charlemagne the Founder of Secret Tribunals amongst the Saxons.--The Holy Vehme.--Organization of the Tribunal of the _Terre Rouge_, and Modes adopted in its Procedures.--Condemnations and Execution of Sentences.--The Truth respecting the Free Judges of Westphalia.--Duration and Fall of the Vehmic Tribunal.--Council of Ten in Venice; its Code and Secret Decisions.--End of the Council of Ten.

During the Middle Ages, human life was generally held in small respect; various judicial institutions--if not altogether secret, at least more or less enveloped in mystery--were remarkable for being founded on the monstrous right of issuing the most severe sentences with closed doors, and of executing these sentences with inflexible rigour on individuals who had not been allowed the slightest chance of defending themselves.

While passing judgment in secret, they often openly dealt blows as unexpected and terrible as they were fatal. Therefore, the most innocent and the most daring trembled at the very name of the _Free Judges of the Terre-Rouge,_ an institution which adopted Westphalia as the special, or rather as the central, region of its authority; the _Council of Ten_ exercised their power in Venice and the states of the republic; and the _Assassins_ of Syria, in the time of St. Louis, made more than one invasion into Christian Europe. We must nevertheless acknowledge that, terrible as these mysterious institutions were, the general credulity, the gross ignorance of the masses, and the love of the marvellous, helped not a little to render them even more outrageous and alarming than they really were.

Marco Polo, the celebrated Venetian traveller of the thirteenth century, says, "We will speak of the Old Man of the Mountain. This prince was named Alaodin. He had a lovely garden full of all manner of trees and fruits, in a beautiful valley, surrounded by high hills; and all round these plantations were various palaces and pavilions, decorated with works of art in gold, with paintings, and with furniture of silk. Therein were to be seen rivulets of wine, as well as milk, honey, and gentle streams of limpid water. He had placed therein damsels of transcendent beauty and endowed with great charms, who were taught to sing and to play all manner of instruments; they were dressed in silk and gold, and continually walked in these gardens and palaces. The reasons for which the Old Man had these palaces built were the following. Mahomet having said that those who should obey his will should go to paradise, and there find all kinds of luxuries, this prince wished it to be believed that he was the prophet and companion of Mahomet, and that he had the power of sending whom he chose to paradise. No one could succeed in entering the garden, because an impregnable castle had been built at the entrance of the valley, and it could only be approached by a covered and secret way. The Old Man had in his court some young men from ten to twenty years of age, chosen from those inhabitants of the hills who seemed to him capable of bearing arms, and who were bold and courageous. From time to time he administered a certain drink to ten or twelve of these young men, which sent them to sleep, and when they were in deep stupor, he had them carried into the garden. When they awoke, they saw all we have described: they were surrounded by the young damsels, who sang, played instruments together, caressed them, played all sorts of games, and presented them with the most exquisite wines and meats (Fig. 317). So that these young men, satiated with such pleasures, did not doubt that they were in paradise, and would willingly have never gone out of it again.

"At the end of four or five days, the Old Man sent them to sleep again, and had them removed from the garden in the same way in which they had been brought in. He then called them before him, and asked them where they had been. 'By your grace, lord,' they answered, 'we have been in paradise.' And then they related, in the presence of everybody, what they had seen there. This tale excited the astonishment of all those who heard it, and the desire that they might be equally fortunate. The Old Man would then formally announce to those who were present, as follows: 'Thus saith the law of our prophet, He causes all who fight for their Lord to enter into paradise; if you obey me you shall enjoy that happiness.' By such words and plans this prince had so accustomed them to believe in him, that he whom he ordered to die for his service considered himself lucky. All the nobles or other enemies of the Old Man of the Mountain were put to death by the assassins in his service; for none of them feared death, provided he complied with the orders and wishes of his lord. However powerful a man might be, therefore, if he was an enemy of the Old Man's, he was sure to meet with an untimely end."

In his story, which we translate literally from the original, written in ancient French, the venerable traveller attributes the origin of this singular system of exercising power over the minds of persons to a prince who in reality did but keep up a tradition of his family; for the Alaodin herein mentioned is no other than a successor of the famous Hassan, son of Ali, who, in the middle of the eleventh century, took advantage of the wars which devastated Asia to create himself a kingdom, comprising the three provinces of Turkistan, Djebel, and Syria. Hassan had embraced the doctrine of the Ishmaelian sect, who pretended to explain allegorically all the precepts of the Mahometan religion, and who did away with public worship, and originated a creed which was altogether philosophical. He made himself the chief exponent of this doctrine, which, by its very simplicity, was sure to attract to him many people of simple and sincere minds. Attacked by the troops of the Sultan Sindgar, he defended himself vigorously and not unsuccessfully; but, fearing lest he should fall in an unequal and protracted struggle against an adversary more powerful than himself, he had recourse to cunning so as to obtain peace. He entranced, or fascinated probably, by means analogous to those related by Marco Polo, a slave, who had the daring, during Sindgar's sleep, to stick a sharp dagger in the ground by the side of the Sultan's head. On waking, Sindgar was much alarmed. A few days after, Hassan wrote to him, "If one had not good intentions towards the Sultan, one might have driven the dagger, which was stuck in the earth by his head, into his bosom." The Sultan Sindgar then made peace with the chief of the Ishmaelians, whose dynasty lasted for one hundred and seventy years.

The Castle of Alamond, built on the confines of Persia, on the top of a high mountain surrounded with trees, after having been the usual residence of Hassan, became that of his successors. As in the native language the same word means both _prince_ and _old man_, the Crusaders who had heard the word pronounced confounded the two, and gave the name of _Old Man of the Mountain_ to the Ishmaelian prince at that time inhabiting the Castle of Alamond, a name which has remained famous in history since the period when the Sire de Joinville published his "Mémoires."

Ancient authors call the subjects of Hassan, _Haschichini, Heississini, Assissini, Assassini_, various forms of the same expression, which, in fact, has passed into French with a signification which recalls the sanguinary exploits of the Ishmaelians. In seeking for the etymology of this name, one must suppose that Haschichini is the Latin transformation of the Arabic word Hachychy, the name of the sect of which we are speaking, because the ecstacies during which they believed themselves removed to paradise were produced by means of _haschisch_ or _haschischa_. We know that this inebriating preparation, extracted from hemp, really produces the most strange and delicious hallucinations on those who use it. All travellers who have visited the East agree in saying that its effects are very superior to those of opium. We evidently must attribute to some ecstatic vision the supposed existence of the enchanted gardens, which Marco Polo described from popular tales, and which, of course, never existed but in the imagination of the young men, who were either mentally excited after fasting and prayer, or intoxicated by the haschischa, and consequently for a time lulled in dreams of celestial bliss which they imagined awaited them under the guidance of Hassan and his descendants.

The Haschischini, whom certain contemporary historians describe to us as infatuated by the hope of some future boundless felicity, owe their melancholy celebrity solely to the blind obedience with which they executed the orders of their chiefs, and to the coolness with which they sought the favourable moment for fulfilling their sanguinary missions (Fig. 318). The Old Man of the Mountain (the master of daggers, _magister cultellorum_, as he is also called by the chronicler Jacques de Vintry), was almost continually at war with the Mussulman princes who reigned from the banks of the Nile to the borders of the Caspian Sea. He continually opposed them with the steel of his fanatical emissaries; at times, also, making a traffic and merchandise of murder, he treated for a money payment with the sultans or emirs, who were desirous of ridding themselves of an enemy. The Ishmaelians thus put to death a number of princes and Mahometan nobles; but, at the time of the Crusades, religious zeal having incited them against the Christians, they found more than one notable victim in the ranks of the Crusaders. Conrad, Marquis of Montferrat, was assassinated by them; the great Salah-Eddin (Saladin) himself narrowly escaped them; Richard Coeur de Lion and Philip Augustus were pointed out to the assassins by the Old Man, who subsequently, on hearing of the immense preparations which Louis IX. was making for the Holy War, had the daring to send two of his followers to France, and even into Paris, with orders to kill that monarch in the midst of his court. This king, after having again escaped, during his sojourn in Palestine, from the murderous attempts of the savage messengers of the Prince of Alamond, succeeded, by his courage, his firmness, and his virtues, in inspiring these fanatics with so much respect, that their chief, looking upon him as protected by heaven, asked for his friendship, and offered him presents, amongst which was a magnificent set of chessmen, in crystal, ornamented with gold and amber.

The successors of Hassan, simultaneously attacked by the Moguls under Houlayon, and by the Egyptians commanded by the Sultan Bibars, were conquered and dispossessed of their States towards the middle of the thirteenth century; but, long after, the Ishmaelians, either because their chiefs sought to recover their power, or because they had placed their daggers at the disposal of some foreign foe, continued notorious in history. At last the sect became extinct, or, at least, retired into obscurity, and renounced its murderous profession, which had for so long made its members such objects of terror.

We have thus seen how a legion of fanatics in the East made themselves the blind and formidable tools of a religious and political chieftain, who was no less ambitious than revengeful. If we now turn our attention to Germany, we shall here find, almost at the same period, a local institution which, although very different from the sanguinary court of the Old Man of the Mountain, was of an equally terrible and mysterious character. We must not, however, look at it from the same point of view, for, having been founded with the object of furthering and defending the establishment of a regular social state, which had been approved and sanctioned by the sovereigns, and recognised by the Church, it at times rendered great service to the cause of justice and humanity at a period when might usurped right, and when the excesses and the crimes of shameless evil-doers, and of petty tyrants, entrenched in their impregnable strongholds, were but too often made lawful from the simple fact that there was no power to oppose them.