第66章 THE JUDGES.(2)

Cauchon arises accordingly，not at first with any infamy，out of the obscurity.He had been expelled and dethroned from his See，but this only for political reasons.He was ecclesiastically Bishop of Beauvais still；it was within his diocese that the Maid had taken prisoner，and there also her last acts of magic，if magic there was，had taken place.He had therefore a legal right to claim the jurisdiction，a right which no one had any interest in taking from him.If Paris was disappointed at not having so interesting a trial carried on before its courts，there was compensation in the fact that many doctors of the University were called to assist Cauchon in his examination of the Maid，and to bring her，witch，sorceress，heretic，whatever she might be，to question.These doctors were not undistinguished or unworthy men.A number of them held high office in the Church；almost all were honourably connected with the University，the source of learning in France."With what art were they chosen！"exclaims M.Blaze de Bury.

"A number of theologians，the élite of the time，had been named to represent France at the council of Bale；of these Cauchon chose the flower."This does not seem on the face of it to be a fact against，but rather in favour of，the tribunal，which the reader naturally supposes must have been the better，the more just，for being chosen among the flower of learning in France.They were not men who could be imagined to be the tools of any Bishop.Quicherat，in his moderate and able remarks on this subject，selects for special mention three men who took a very important part in it，Guillame érard，Nicole Midi，and Tomas de Courcelles.They were all men who held a high place in the respect of their generation.érard was a friend of Machet，the confessor of Charles VII.who had been a member of the tribunal at Poitiers which first pronounced upon the pretensions of Jeanne；yet after the trial of the Maid Machet still describes him as a man of the highest virtue and heavenly wisdom.Nicole Midi continued to hold an honourable place in his University for many years，and was the man chosen to congratulate Charles when Paris finally became again the residence of the King.Courcelles was considered the first theologian of the age."He was an austere and eloquent young man，"says Quicherat，"of a lucid mind，though nourished on abstractions.He was the first of theologians long before he had attained the age at which he could assume the rank of doctor，and even before he had finished his studies he was considered as the successor of Gerson.He was the light of the council of Bale.Eneas Piccolomini (Pope Pius II.)speaks with admiration of his capacity and his modesty.In him we recognise the father of the freedom of the Gallican Church.His disinterestedness is shown by the simple position with which he contented himself.He died with no higher rank than that of Dean of the Chapter of Paris."Did this in C？sar seem ambitious？Was this the man to be used for their vile ends by a savage English party thirsting for the blood of an innocent victim，and by the vile priest who was its tool？It does not seem so to our eyes across the long level of the centuries which clear away so many mists.And no more dreadful accusation can be brought against France than the suggestion that men like these，her best and most carefully trained，were willing to act as blood-hounds for the advantage and the pay of the invader.But there are many French historians to whom the mere fact of a black gown or at least an ecclesiastical robe，confounds every testimony，and to whom even the name of Frenchman does not make it appear possible that a priest should retain a shred of honour or of honesty.We should have said by the light of nature and probability that had every guarantee been required for the impartiality and justice of such a tribunal，they could not have been better secured than by the selection of such men to conduct its proceedings.They made a great and terrible mistake，as the wisest of men have made before now.They did much worse，they behaved to an unfortunate girl who was in their power with indescribable ferocity and cruelty；but we must hope that this was owing to the period at which they lived rather than to themselves.

It is not perhaps indeed from the wise and learned，the Stoics and Pundits of a University，that we should choose judges for the divine simplicity of those babes and sucklings out of whose mouth praise is perfected.At the same time to choose the best men is not generally the way adopted to procure a base judgement.Cauchon might have been subject to this blame had he filled the benches of his court with creatures of his own，nameless priests and dialecticians，knowing nothing but their own poor science of words.He did not do so.There were but two Englishmen in the assembly，neither of them men of any importance or influence although there must have been many English priests in the country and in the train of Winchester.There were not even any special partisans of Burgundy，though some of the assessors were Burgundian by birth.We should have said，had we known no more than this，that every precaution had been taken to give the Maid the fairest trial.But at the same time a trial which is conducted under the name of the Inquisition is always suspect.The mere fact of that terrible name seems to establish a foregone conclusion；few are the prisoners at that bar who have ever escaped.This fact is almost all that can be set against the high character of the individuals who composed the tribunal.At all events it is no argument against the English that they permitted the best men in France to be chosen as Jeanne's judges.It is the most bewildering and astonishing of historical facts that they were so，and yet came to the conclusion they did，by the means they did，and that without falling under the condemnation，or scorn，or horror of their fellow-men.