LETTER XLVII.

Hotel du Mont Blanc, St. Martin’s,

12th October, 1874.

We have now briefly glanced at the nature of the squire’s work in

relation to the peasant; namely, making a celestial or worshipful

appearance to him; and the methods of operation, no less than of

appearance, which are generally to be defined as celestial, or

worshipful.

We have next to examine by what rules the action of the squire towards

the peasant is to be either restrained or assisted; and the function,

therefore, of the lawyer, or definer of limits and modes,—which was

above generally expressed, in its relation to the peasant, as “telling

him, in black letter, that his house is his own.” It will be necessary,

however, evidently, that his house should be his own, before any lawyer

can divinely assert the same to him.

Waiving, for the moment, examination of this primal necessity, let us

consider a little how that divine function of asserting, in perfectly

intelligible and indelible letters, the absolute claim of a man to his

own house, or castle, and all that it properly includes, is actually

discharged by the powers of British law now in operation.

We will take, if you please, in the outset, a few wise men’s opinions

on this matter, though we shall thus be obliged somewhat to generalize

the inquiry, by admitting into it some notice of criminal as well as

civil law.

My readers have probably thought me forgetful of Sir Walter all this

time. No; but all writing about him is impossible to me in the impure

gloom of modern Italy. I have had to rest awhile here, where human life

is still sacred, before I could recover the tone of heart fit to say

what I want to say in this Fors.

He was the son, you remember, of a writer to the signet, and practised

for some time at the bar himself. Have you ever chanced to ask yourself

what was his innermost opinion of the legal profession?

Or, have you even endeavoured to generalize that expressed with so much

greater violence by Dickens? The latter wrote with a definitely

reforming purpose, seemingly; and, I have heard, had real effects on

Chancery practice.

But are the Judges of England—at present I suppose the highest types of

intellectual and moral power that Christendom possesses—content to have

reform forced on them by the teazing of a caricaturist, instead of the

pleading of their own consciences?

Even if so, is there no farther reform indicated as necessary, in a

lower field, by the same teazing personage? The Court of Chancery and

Mr. Vholes were not his only legal sketches. Dodson and Fogg; Sampson

Brass; Serjeant Buzfuz; and, most of all, the examiner, for the Crown,

of Mr. Swiveller in the trial of Kit, [64]—are these deserving of no

repentant attention? You, good reader, probably have read the trial in

Pickwick, and the trial of Kit, merely to amuse yourself; and perhaps

Dickens himself meant little more than to amuse you. But did it never

strike you as quite other than a matter of amusement, that in both

cases, the force of the law of England is represented as employed

zealously to prove a crime against a person known by the accusing

counsel to be innocent; and, in both cases, as obtaining a conviction?

You might perhaps think that these were only examples of the ludicrous,

and sometimes tragic, accidents which must sometimes happen in the

working of any complex system, however excellent. They are by no means

so. Ludicrous, and tragic, mischance must indeed take place in all

human affairs of importance, however honestly conducted. But here you

have deliberate, artistic, energetic dishonesty; skilfullest and

resolutest endeavour to prove a crime against an innocent person,—a

crime of which, in the case of the boy, the reputed commission will

cost him at least the prosperity and honour of his life,—more to him

than life itself. And this you forgive, or admire, because it is not

done in malice, but for money, and in pride of art. Because the

assassin is paid,—makes his living in that line of business,—and

delivers his thrust with a bravo’s artistic finesse you think him a

respectable person; so much better in style than a passionate one who

does his murder gratis, vulgarly, with a club,—Bill Sykes, for

instance? It is all balanced fairly, as the system goes, you think. ‘It

works round, and two and two make four. He accused an innocent person

to-day:—to-morrow he will defend a rascal.’

And you truly hold this a business to which your youth should be

bred—gentlemen of England?

‘But how is it to be ordered otherwise? Every supposed criminal ought

surely to have an advocate, to say what can be said in his favour; and

an accuser, to insist on the evidence against him. Both do their best,

and can anything be fairer?’

Yes; something else could be much fairer; but we will find out what Sir

Walter thinks, if we can, before going farther; though it will not be

easy—for you don’t at once get at the thoughts of a great man, upon a

great matter.

The first difference, however, which, if you know your Scott well,

strikes you, between him and Dickens, is that your task of

investigation is chiefly pleasant, though serious; not a painful

one—and still less a jesting or mocking one. The first figure that

rises before you is Pleydell; the second, Scott’s own father, Saunders

Fairford, with his son. And you think for an instant or two, perhaps,

“The question is settled, as far as Scott is concerned, at once. What a

beautiful thing is Law!”

For you forget, by the sweet emphasis of the divine art on what is

good, that there ever was such a person in the world as Mr. Glossin.

And you are left, by the grave cunning of the divine art, which reveals

to you no secret without your own labour, to discern and unveil for

yourself the meaning of the plot of Redgauntlet.

You perhaps were dissatisfied enough with the plot, when you read it

for amusement. Such a childish fuss about nothing! Solway sands,

forsooth, the only scenery; and your young hero of the story frightened

to wet his feet; and your old hero doing nothing but ride a black

horse, and make himself disagreeable; and all that about the house in

Edinburgh so dull; and no love-making, to speak of, anywhere!

Well, it doesn’t come in exactly with my subject, to-day;—but, by the

way, I beg you to observe that there is a bit of love in Redgauntlet

which is worth any quantity of modern French or English amatory novels

in a heap. Alan Fairford has been bred, and willingly bred, in the

strictest discipline of mind and conduct; he is an entirely strong,

entirely prudent, entirely pure young Scotchman,—and a lawyer. Scott,

when he wrote the book, was an old Scotchman; and had seen a good deal

of the world. And he is going to tell you how Love ought first to come

to an entirely strong, entirely prudent, entirely pure youth, of his

own grave profession.

How love ought to come, mind you. Alan Fairford is the real hero (next

to Nanty Ewart) of the novel; and he is the exemplary and happy

hero—Nanty being the suffering one, under hand of Fate.

Of course, you would say, if you didn’t know the book, and were asked

what should happen—(and with Miss Edgeworth to manage matters instead

of Scott, or Shakespeare, nothing else would have happened,)—of course

the entirely prudent young lawyer will consider what an important step

in life marriage is; and will look out for a young person of good

connections, whose qualities of mind and moral disposition he will

examine strictly before allowing his affections to be engaged; he will

then consider what income is necessary for a person in a high legal

position, etc., etc., etc.

Well, this is what does happen, according to Scott, you know;—(or more

likely, I’m afraid, know nothing about it). The old servant of the

family announces, with some dryness of manner, one day, that a ‘leddy’

wants to see Maister Alan Fairford,—for legal consultation. The prudent

young gentleman, upon this, puts his room into the most impressive

order, intending to make a first appearance reading a legal volume in

an abstracted state of mind. But, on a knock coming at the street door,

he can’t resist going to look out at the window; and—the servant

maliciously showing in the client without announcement—is discovered

peeping out of it. The client is closely veiled—little more than the

tip of her nose discernible. She is, fortunately, a little embarrassed

herself; for she did not want Mr. Alan Fairford at all, but Mr. Alan

Fairford’s father. They sit looking at each other—at least, he looking

at the veil and a green silk cloak—for half a minute. The young

lady—(for she is young; he has made out that, he admits; and something

more perhaps,)—is the first to recover her presence of mind; makes him

a pretty little apology for having mistaken him for his father; says

that, now she has done it, he will answer her purpose, perhaps, even

better; but she thinks it best to communicate the points on which she

requires his assistance, in writing,—curtsies him, on his endeavour to

remonstrate, gravely and inexorably into silence,—disappears,—“And put

the sun in her pocket, I believe,” as she turned the corner, says

prudent Mr. Alan. And keeps it in her pocket for him,—evermore. That is

the way one’s Love is sent, when she is sent from Heaven, says the aged

Scott.

‘But how ridiculous,—how entirely unreasonable,—how unjustifiable, on

any grounds of propriety or common sense!’

Certainly, my good sir,—certainly: Shakespeare and Scott can’t help

that;—all they know is,—that is the way God and Nature manage it. Of

course, Rosalind ought to have been much more particular in her

inquiries about Orlando;—Juliet about the person masqued as a

pilgrim;—and there is really no excuse whatever for Desdemona’s

conduct; and we all know what came of it;—but, again I say, Shakespeare

and Scott can’t help that.

Nevertheless, Love is not the subject of this novel of Redgauntlet; but

Law: on which matter we will endeavour now to gather its evidence.

Two youths are brought up together—one, the son of a Cavalier, or

Ghibelline, of the old school, whose Law is in the sword, and the

heart; and the other of a Roundhead, or Guelph, of the modern school,

whose Law is in form and precept. Scott’s own prejudices lean to the

Cavalier; but his domestic affections, personal experience, and sense

of equity, lead him to give utmost finish to the adverse character. The

son of the Cavalier—in moral courage, in nervous power, in general

sense and self-command,—is entirely inferior to the son of the Puritan;

nay, in many respects quite weak and effeminate; one slight and

scarcely noticeable touch, (about the unproved pistol,) gives the true

relation of the characters, and makes their portraiture complete, as by

Velasquez.

The Cavalier’s father is dead; his uncle asserts the Cavalier’s law of

the Sword over him: its effects upon him are the first clause of the

book.

The Puritan’s father—living—asserts the law of Precept over him: its

effects upon him are the second clause of the book.

Together with these studies of the two laws in their influence on the

relation of guardian and ward—or of father and child, their influence

on society is examined in the opposition of the soldier and hunter to

the friend of man and animals,—Scott putting his whole power into the

working out of this third clause of the book.

Having given his verdict in these three clauses, wholly in favour of

the law of precept,—he has to mark the effects of its

misapplication,—first moral, then civil.

The story of Nanty Ewart, the fourth clause, is the most instructive

and pathetic piece of Scott’s judgment on the abuse of the moral law,

by pride, in Scotland, which you can find in all his works.

Finally, the effects of the abuse of the civil law by sale, or simony,

have to be examined; which is done in the story of Peter Peebles.

The involution of this fifth clause with that of Nanty Ewart is one of

the subtlest pieces of heraldic quartering which you can find in all

the Waverley novels; and no others have any pretence to range with them

in this point of art at all. The best, by other masters, are a mere

play of kaleidoscope colour compared to the severe heraldic delineation

of the Waverleys.

We will first examine the statement of the abuse of Civil Law.

There is not, if you have any true sympathy with humanity, extant for

you a more exquisite study of the relations which must exist, even

under circumstances of great difficulty and misunderstanding, between a

good father and good son, than the scenes of Redgauntlet laid in

Edinburgh. The father’s intense devotion, pride, and joy, mingled with

fear, in the son; the son’s direct, unflinching, unaffected obedience,

hallowed by pure affection, tempered by youthful sense, guided by high

personal power. And all this force of noble passion and effort, in

both, is directed to a single object—the son’s success at the bar. That

success, as usually in the legal profession, must, if it be not wholly

involved, at least give security for itself, in the impression made by

the young counsel’s opening speech. All the interests of the reader (if

he has any interest in him) are concentrated upon this crisis in the

story; and the chapter which gives account of the fluctuating event is

one of the supreme masterpieces of European literature.

The interests of the reader, I say, are concentrated on the success of

the young counsel: that of his client is of no importance whatever to

any one. You perhaps forget even who the client is—or recollect him

only as a poor drunkard, who must be kept out of the way for fear he

should interrupt his own counsel, or make the jury laugh at him. His

cause has been—no one knows how long—in the courts; it is good for

practising on, by any young hand.

You forget Peter Peebles, perhaps: you don’t forget Miss Flite, in the

Dickens’ court? Better done, therefore,—Miss Flite,—think you?

No; not so well done; or anything like so well done. The very primal

condition in Scott’s type of the ruined creature is, that he should be

forgotten! Worse;—that he should deserve to be forgotten. Miss Flite

interests you—takes your affections—deserves them. Is mad, indeed, but

not a destroyed creature, morally, at all. A very sweet, kind

creature,—not even altogether unhappy,—enjoying her lawsuit, and her

bag, and her papers. She is a picturesque, quite unnatural and unlikely

figure,—therefore wholly ineffective except for story-telling purposes.

But Peter Peebles is a natural ruin, and a total one. An accurate type

of what is to be seen every day, and carried to the last stage of its

misery. He is degraded alike in body and heart;—mad, but with every

vile sagacity unquenched,—while every hope in earth and heaven is taken

away. And in this desolation, you can only hate, not pity him.

That, says Scott, is the beautiful operation of the Civil Law of Great

Britain, on a man whose affairs it has spent its best intelligence on,

for an unknown number of years. His affairs being very obscure, and his

cause doubtful, you suppose? No. His affairs being so simple that the

young honest counsel can explain them entirely in an hour;—and his

cause absolutely and unquestionably just.

What is Dickens’ entire Court of Chancery to that? With all its dusty

delay,—with all its diabolical ensnaring;—its pathetic death of

Richard—widowhood of Ada, etc., etc.? All mere blue fire of the stage,

and dropped footlights; no real tragedy.—A villain cheats a foolish

youth, who would be wiser than his elders, who dies repentant, and

immediately begins a new life,—so says, at least, (not the least

believing,) the pious Mr. Dickens. All that might happen among the

knaves of any profession.

But with Scott, the best honour—soul—intellect in Scotland take in hand

the cause of a man who comes to them justly, necessarily, for plain,

instantly possible, absolutely deserved, decision of a manifest cause.

They are endless years talking of it,—to amuse, and pay, themselves.

And they drive him into the foulest death—eternal—if there be, for such

souls, any Eternity. On which Scott does not feel it his duty, as

Dickens does, to offer you an opinion. He tells you, as Shakespeare,

the facts he knows,—no more.

There, then, you have Sir Walter’s opinion of the existing method and

function of British Civil Law.

What the difference may be, and what the consequences of such

difference, between this lucrative function, and the true duty of Civil

Law,—namely, to fulfil and continue in all the world the first mission

of the mightiest Lawgiver, and declare that on such and such

conditions, written in eternal letters by the finger of God, every

man’s house, or piece of Holy land, is his own,—there does not, it

appears, exist at present wit enough under all the weight of curled and

powdered horsehair in England, either to reflect, or to define.

In the meantime, we have to note another question beyond, and greater

than this,—answered by Scott in his story.

So far as human laws have dealt with the man, this their ruined client

has been destroyed in his innocence. But there is yet a Divine Law,

controlling the injustice of men.

And the historian—revealing to us the full relation of private and

public act—shows us that the wretch’s destruction was in his refusal of

the laws of God, while he trusted in the laws of man.

Such is the entire plan of the story of Redgauntlet,—only in part

conscious,—partly guided by the Fors which has rule over the heart of

the noble king in his word, and of the noble scribe in his scripture,

as over the rivers of water. We will trace the detail of this story

farther in next Fors; meantime, here is your own immediate lesson,

reader, whoever you may be, from our to-day’s work.

The first—not the chief, but the first—piece of good work a man has to

do is to find rest for himself,—a place for the sole of his foot; his

house, or piece of Holy land; and to make it so holy and happy, that if

by any chance he receive order to leave it, there may be bitter pain in

obedience; and also that to his daughter there may yet one sorrowful

sentence be spoken in her day of mirth, “Forget also thy people, and

thy father’s house.”

‘But I mean to make money, and have a better and better house, every

ten years.’

Yes, I know you do.

If you intend to keep that notion, I have no word more to say to you.

Fare you—not well, for you cannot; but as you may.

But if you have sense, and feeling, determine what sort of a house will

be fit for you;—determine to work for it—to get it—and to die in it, if

the Lord will.

‘What sort of house will be fit for me?—but of course the biggest and

finest I can get will be fittest!’

Again, so says the Devil to you: and if you believe him, he will find

you fine lodgings enough,—for rent. But if you don’t believe him,

consider, I repeat, what sort of house will be fit for you.

‘Fit!—but what do you mean by fit?’

I mean, one that you can entirely enjoy and manage; but which you will

not be proud of, except as you make it charming in its modesty. If you

are proud of it, it is unfit for you,—better than a man in your station

of life can by simple and sustained exertion obtain; and it should be

rather under such quiet level than above. Ashesteil was entirely fit

for Walter Scott, and Walter Scott was entirely happy there. Abbotsford

was fit also for Sir Walter Scott; and had he been content with it, his

had been a model life. But he would fain still add field to field,—and

died homeless. Perhaps Gadshill was fit for Dickens; I do not know

enough of him to judge; and he knew scarcely anything of himself. But

the story of the boy on Rochester Hill is lovely.

And assuredly, my aunt’s house at Croydon was fit for her; and my

father’s at Herne Hill,—in which I correct the press of this Fors,

sitting in what was once my nursery,—was exactly fit for him, and me.

He left it for the larger one—Denmark Hill; and never had a quite happy

day afterwards. It was not his fault, the house at Herne Hill was built

on clay, and the doctors said he was not well there; also, I was his

pride, and he wanted to leave me in a better house,—a good father’s

cruellest, subtlest temptation.

But you are a poor man, you say, and have no hope of a grand home?

Well, here is the simplest ideal of operation, then. You dig a hole,

like Robinson Crusoe; you gather sticks for fire, and bake the earth

you get out of your hole,—partly into bricks, partly into tiles, partly

into pots. If there are any stones in the neighbourhood, you drag them

together, and build a defensive dyke round your hole or cave. If there

are no stones, but only timber, you drive in a palisade. And you are

already exercising the arts of the Greeks, Etruscans, Normans, and

Lombards, in their purest form, on the wholesome and true threshold of

all their art; and on your own wholesome threshold.

You don’t know, you answer, how to make a brick, a tile, or a pot; or

how to build a dyke, or drive a stake that will stand. No more do I.

Our education has to begin;—mine as much as yours. I have indeed, the

newspapers say, a power of expression; but as they also say I cannot

think at all, you see I have nothing to express; so that peculiar

power, according to them, is of no use to me whatever.

But you don’t want to make your bricks yourself; you want to have them

made for you by the United Grand Junction Limited Liability

Brick-without-Straw Company, paying twenty-five per cent. to its idle

shareholders? Well, what will you do, yourself, then? Nothing? Or do

you mean to play on the fiddle to the Company making your bricks? What

will you do—of this first work necessary for your life? There’s nothing

but digging and cooking now remains to be done. Will you dig, or cook?

Dig, by all means; but your house should be ready for you first.

Your wife should cook. What else can you do? Preach?—and give us your

precious opinions of God and His ways! Yes, and in the meanwhile I am

to build your house, am I? and find you a barrel-organ, or a harmonium,

to twangle psalm-tunes on, I suppose? Fight—will you?—and pull other

people’s houses down; while I am to be set to build your barracks, that

you may go smoking and spitting about all day, with a cockscomb on your

head, and spurs to your heels?—(I observe, by the way, the Italian

soldiers have now got cocks’ tails on their heads, instead of cocks’

combs.)—Lay down the law to me in a wig,—will you? and tell me the

house I have built is—NOT mine? and take my dinner from me, as a fee

for that opinion? Build, my man,—build, or dig,—one of the two; and

then eat your honestly-earned meat, thankfully, and let other people

alone, if you can’t help them.

Fors Clavigera (Volume 4 of 8) Letters to the workmen and labourers of Great Britain · 第 38 / 48 题