CHAPTER VI

THE TRIAL BEFORE THE CIVIL COURT

_Trial before the Civil Court--Depositions--Conviction and Sentence_

Upon the arrest of Gilles and his henchmen, and during their trial

before the ecclesiastical court, the army of retainers which had been

employed by him, including his chapel and all his familiars, fled as

would a flock of young chickens on the approach of a hawk. François

Prelati, Eustache Blanchet, Henriet Griard, and Poitou seem to have

been all who were arrested with Gilles. Gilles de Sillé and Roger

de Briqueville had fled to the south before the blow fell. The rest

got under cover as quickly as possible; instead of standing by their

master, they got as far away from him as they could. Gilles was the

only one tried by the ecclesiastical tribunal. No particular reason

has been given why François and Blanchet were not tried with him, for

they were undoubtedly guilty, equally with Gilles, of the charges of

sorcery and invocation of demons; but they were priests, one of them an

Italian priest, and whether they were promised freedom in consideration

of their testimony against Gilles, is now unknown.

When, on the 19th of October, it had been decided by the ecclesiastical

court to apply the torture to Gilles, it was done on the confessions of

his accomplices. Why François Prelati and Eustache Blanchet had been

excused or overlooked is, as has been said, unknown; but Henriet Griard

and Poitou were then delivered to the civil court for trial. This civil

court was presided over by Pierre de l’Hospital, who, as has been

seen, had assisted in the ecclesiastical court, and was necessarily

officially cognisant of the developments. Pierre de l’Hospital was the

chief justice of the duchy of Brittany, and the civil courts were under

his authority; so immediately after the confessions of Henriet and

Poitou, they were transferred to the civil authorities, and Pierre de

l’Hospital, as supreme judge, brought them before the court on the 20th

or 21st of October. The civil court held its session at the Bouffay,

then, and until 1848, the _Palais de Justice_. The Bouffay had been a

castle, but had been reconstructed and used as the _Palais de Justice_

during many centuries. It was in proximity to the Château de Nantes. It

was enclosed in a high wall, possibly to make a jail-yard, and occupied

the present Place, or Market, Bouffay.

It was within this palace yard that the celebrated trial by duel took

place, by direction or authority of the Duke of Brittany, between Count

Robert Beaumanoir and Sieur Pierre Tournemine, on a charge of murder

made by the former against the latter.

The castle, or palace, has been destroyed, as well as the wall, and it

now stands all open. One side of the Place abuts on the river Loire,

adjoining the Bridge de la Poissonerie, over which the prisoners were

taken to the Prairie Madeleine, the place of execution.

The proceedings of the civil court need not be followed in their

details. Preparing for the trial, as is the custom of criminal courts

in France, the prosecutor called the witnesses before him, and took

down their depositions, and it is worth our while to pause and

examine the record as it appears in the archives of the department of

Loire-Inférieure.

The records of the two trials, the ecclesiastical and the civil, on

file in the Departmental Archives, are unequal in the extent and detail

with which they have been respectively reported. It is to be explained

that it is a considerable work, and scarcely possible to have been

completed in all its parts as the trial progressed, without immense

labour on the part of the clerks and notaries. The proceedings of the

ecclesiastical court, reported in Latin, comprise three hundred and

eight pages, of which the photograph on page 137 of this memoir is

a sample. The proceedings of the civil court, in French, comprise a

hundred and nine pages, the two together making four hundred and twenty

pages in parchment, without including the sentence, which was in Latin,

much mixed with French. The sentence is about the size of the original

Declaration of Independence of the United States. It is said to have

been written in its entirety in a single night, and an inspection of it

corroborates the story, for it bears evidence, by way of erasures and

interlineations, of haste and rapid work.

The report of the evidence in the ecclesiastical trial is not nearly

so satisfactory, nor has it been recorded so clearly, or with so much

detail, as was that in the civil court. It is also much more convenient

to render that of the civil trial, and the author has, therefore, used

it in making a transcript. (Appendix D.)

It must not be forgotten that the evidence was taken by deposition, out

of court; that it was rendered, not in the language of the witness,

but of the scribe. The depositions were not signed by the witnesses,

but were reported to the court under the signature of the notary or

commissioner. Eighty-six witnesses were examined, and their testimony

appears to have been reduced to writing by Jean Colin, and certified

to by Jean de Touscheronde. The dates of the various sessions are

not given, but each witness, or each batch of witnesses, appears to

have been examined independently and certified to separately. This

examination of witnesses in the civil court seems to have begun about

as early as did that in the ecclesiastical trial, for the first record

is under date of September 18, 1440. For the purpose of showing the

style of the French language in use at that time, that it may be

compared with modern French, and the changes noted, the heading of

these depositions is here reproduced textually:

“September 18, 1440.

“Informacion et enqueste a trouver, se estre peut, que le sire

de Rais, ses gens et complices, out prins et fait prandre

pluseurs petiz enffans et autres gens, et les murtriz et occiis

pour en avoir le sang, le cueur, le faye et autres parties

d’elx, pour en faire sacrifice au deable, et autres malefices,

de quoy il est grant clamour. Celle enqueste faite par Jehan de

Touscheronde, commissaire de duc, nostre souverain seigneur, en

ceste matere, appellé Jehan Colin, pour le prouchain tesmoign

que eust en sa compaignie, le xviii^e jour de septembre, l’an

mil IIII C quarante.”

Before reporting the testimony in the depositions against Gilles de

Retz, and that it may be better understood, it should be explained that

there were two methods pursued by Gilles in the abduction of children:

one, the secret and forcible abduction, and the other the hiring of the

child for service as a page, or his being taken with the consent of

the parents on a pretended duty, by which he should be attached to the

retinue of the Baron. Both systems were pursued, and, it is believed,

always by the followers and “familiars” of the Baron, for it does not

appear that he was ever personally engaged in either. The demand

of the parent for the presence of the child was always put off by

indefinite statements: the boy was at another château, or he had gone

with the masters, or men-at-arms, and would be absent for an indefinite

time; sometimes, that he had gone to a distant province; other times,

that he had fled and was a fugitive, and they knew not his whereabouts.

These were all equivocal responses, and far from satisfactory to the

demanders; but out of them there grew the reports circulated through

the country, as set forth in the first pages of Chapter IV.

On the trial, Henriet Griart and Poitou made no defence, but pleaded

guilty. They confessed openly their crime, and being pushed to detail,

they admitted that they had been concerned in the abduction of more

than fifty children, and Henriet added that during his last trip to

Jocelyn with Gilles de Retz, he had captured three of them with his own

hands.

The confession of Henriet and of Corrillaud called Poitou, appears in

the records, and following it, on October 23d, is the condemnation by

the civil court under Pierre de l’Hospital, as follows:

“After the confession of the aforesaid Henriet and Poitou, and

on the advice of the assistants, advocates and others, heard

in the case, and considering all the facts, it was adjudged

and declared by the aforesaid seignior the President, that the

aforesaid Henriet and Poitou should, and ought to be, hung and

burned” (_penduz et ars_).

But the execution of the sentence was postponed to await the conclusion

of the trial of Gilles before the ecclesiastical court.

On the 25th of October, Gilles’s sentence was passed upon him by

the ecclesiastical court, and he was turned over to the civil court

(_bras séculeir_). He was delivered to the prison at the Bouffay on

the same evening, and the next morning was brought before the civil

court with Pierre de l’Hospital as supreme judge. All hope of escape

was lost to Gilles, and, like his accomplices, he seemed to be more

interested for the salvation of his soul than care for his body. He

made no defence,--indeed defence was useless, for the trial was only a

formality. Being charged with the crime of murder and interrogated as

to the facts, he repeated his confession of guilt.

In the consultation of the court as to the sentence, there were some

differences of opinion among the judges. That he merited death, there

was no question, and that appears to have been accepted by all. But as

to the manner of death and the degree of odium to be attached thereto,

there was some debate. However, as he had been excommunicated by the

Church, as his accomplices had already been sentenced _penduz et ars_,

and as the crime shocked all the world who knew of it, the argument

prevailed that, as Gilles had been the chief promoter, and as he and

his two accomplices had been together in their crimes they should not

be separated in their punishments, and therefore first, a fine should

be upon him of fifty thousand pounds; and second, that he should be

hung and burned alive on the gibbet of Piesse.

Piesse was a little open prairie on the island of La Madeleine in the

river opposite, forming part of the city of Nantes. It was reached by

two bridges communicating with the Place Bouffay.

Pierre de l’Hospital in pronouncing the sentence upon Gilles, concluded:

“You have naught to rely upon now but the mercy of God; I ask

you so to dispose yourself as to die in good state, and to seek

repentance for having committed such great crimes. To-morrow,

at one o’clock, the sentence against you will be carried into

effect.”

Gilles preferred three petitions, through the judge, to the Bishop.

One, that the execution of the three, himself and his two servants,

should be at one and the same time, to the end that he might comfort

and aid them by his presence upon that dread occasion; that they should

see that his execution actually took place, and should not be tormented

with the thought that either his wealth or power could procure the

postponement of the execution, and finally, or possibly, a pardon.

The second was, that his ashes might be buried in consecrated ground;

and when this prayer was granted, he chose the Carmelite church at

Nantes. The third was, that on the day of the execution, a procession

of litany, such as was common in that country, should be organised to

make prayers to God for him and his two servants, that they might be

sustained and supported in their repentance, and that their salvation

might be assured. Accordingly, on the morrow, at nine o’clock, this

procession was organised and marched through the streets of the city in

the most solemn manner, headed by the clergy of all ranks, reciting the

prayers for the dead.

[Illustration]

Blue-beard: A Contribution to History and Folk-lore Being the history of Gilles de Retz of Brittany, France, who was executed at Nantes in 1440 A.D., and who was the original of Blue-beard in the tales of Mother Goose · 第 6 / 7 章