"_On the breast_: Through this holy unction and His great pity, may the Lord pardon all the sins which have been committed from the ardour of the pa.s.sions. The sick man ought, at this moment, to detest anew all the bad thoughts to which he has abandoned himself, all sentiments of hatred, or vengeance that he has nourished in his heart."

And following the ritual, we could have spoken of something more than the breast, but G.o.d knows what holy anger would have been aroused in the Public Attorney's office, if we had spoken of the loins!

"_To the loins_: Through this holy unction and His great pity, may the Lord pardon all the sins that you have committed by irregular impulses of the flesh."

If we had said that, what a thunderbolt you would have had with which to attempt to crush us, Mr. Attorney! and nevertheless, the ritual adds: "The sick man ought, at this moment, to detest anew all illicit pleasures, carnal delights, etc...."

This is the ritual; and you have seen the condemned article. It has nothing of raillery in it, but is serious and earnest. And I repeat to you that he who lent my client this book, and saw my client make the use of it that he has, has taken him by the hand with tears in his eyes. You see, then, Mr. Government Attorney, how rash--not to use an expression which in order to be exact is not too severe--is your accusation of our touching upon holy things. You see now that we have not mingled the profane with the sacred when, at each sense we indicated the sin committed by that sense, since it is the language of the Church itself.

I insist now upon mentioning the other details of the charge of outrage against religion. The Public Minister said to me: "It is no longer religion but the morals of all time that you have outraged; you have insulted death!" How have we insulted death? Because at the moment when this woman dies, there pa.s.ses in the street a man whom she had met more than once, to whom she had given alms from her carriage as she was going to her adulterous meetings; a blind man whom she was accustomed to see, who sang his song walking along slowly by the side of her carriage, to whom she threw a piece of money, but whose countenance made her shiver?

This man was pa.s.sing in the street; and at the moment when Divine pity pardoned, or promised pardon, to the unfortunate woman who was expiating the faults of her life by a frightful death, human raillery appeared to her in the form of the song under her window. Great Heavens! you find an outrage in this! But M. Flaubert has only done what Shakespeare and Goethe have done, who, at the supreme moment of death, have not failed to make heard some chant, or perhaps plaint, or it might be raillery, which recalls to him who is pa.s.sing to eternity some pleasure which he will never more enjoy, or some fault to be atoned. Let us read:

"In fact, she looked around her slowly, as one awakening from a dream; then in a distinct voice she asked for her looking-gla.s.s, and remained some time bending over it, until the big tears fell from her eyes. Then she turned away her head with a sigh and fell back upon the pillows."

I could not read it, I am like Lamartine: "The punishment seems to me to go beyond truth...." I should not consider that I was doing a bad deed, Mr. Attorney, in reading these pages to my married daughters, honest girls who have had a good example and good teaching, and who would never, never go away from the straight path for indiscretion, or away from things that could and ought to be understood.... It is impossible for me to continue this reading and I shall hold myself rigorously to the condemned pa.s.sages:

"As the death-rattle became stronger [Charles was by her side, the man whom you did not see but who is admirable] the priest prayed faster; his prayers mingled with Bovary's stifled sobs, and sometimes all seemed lost in the m.u.f.fled murmur of the Latin syllables that tolled like a pa.s.sing bell.

"Suddenly on the pavement was heard a loud noise of clogs, and the clattering of a stick; and a voice, a raucous voice, sang:

"'Maids in the warmth of a summer day, Dream of love and of love alway; The wind is strong this summer day, Her petticoat is blown away.'"

Emma raised herself like a galvanized corpse, her hair undone, her eyes fixed, staring.

"Where the sickle blades have been, Nannette, gathering ears of corn, Pa.s.ses bending down, my queen, To the earth where they were born."

"'The blind man!" she cries.

"And Emma began to laugh, an atrocious, frantic, despairing laugh, thinking she saw the hideous face of the poor wretch that stood out against the eternal night like a menace.

"She fell back upon the mattress in a convulsion. They all drew near. She was dead."

You see, gentlemen, in this supreme moment, a recalling of her sin, and with it remorse and all that goes with it of poignancy and fear. It is not alone the whim of an artist wishing only to make a contrast without a purpose or a moral; she hears the blind man in the street singing the frightful song he had sung when she was returning all in a perspiration and hideous from an adulterous meeting; it is the same blind man whom she saw at each of those meetings; the blind man who pursued her with his song and his importunity; it is he who comes now to personify human rage at the instant when Divine pity comes to her and follows her to the supreme moment of death! And this is called an outrage against public morals! But I say, on the contrary, that it is an homage to public morals, that there is nothing more moral than this; I say that in this book the vice of education is awake, that it is taken from the true, from the living flesh of our society, and that at each stroke the author places before us this question: "Have you done what you ought for the education of your daughters? Is the religion you have given them such as will sustain them in the tempests of life, or is it only a ma.s.s of carnal superst.i.tions which leaves them without support when the storm rages? Have you taught them that life is not the realization of chimerical dreams, that it is something prosaic to which it is necessary to accommodate oneself? Have you taught them that? Have you done what you ought for their happiness? Have you said to them: Poor children, outside the route I have pointed out to you, in the pleasures you may pursue, only disgust awaits you, trouble, disorder, dilapidation, convulsions, and execution...." And you will see that if anything were lacking in the picture, the sheriff's officer is there; there, too, is the Jew who has seized and sold her furniture to satisfy the caprices of this woman; and the husband is still ignorant of this. Nothing remains for the unfortunate woman, except death!

But, said the Public Minister, her death is voluntary; this woman died in her own time.

But how could she live? Was she not condemned? Had she not drunk to the last dregs her shame and baseness?

Yes, upon our stage we show women who have strayed (and I cannot say what they have done) as happy, charming and smiling. _Questam corpore facerant_. I limit myself to this remark: When they show them to us happy, charming, enveloped in muslin, presenting a gracious hand to counts, marquises and dukes, often responding themselves to the name of countess or d.u.c.h.ess, you call that respecting public morals. But the man who depicts the adulterous woman dying a shameful death, commits an outrage against public morals!

Now, I do not wish to say it is not your opinion that you have expressed, since you have expressed it, but you have yielded to a prejudice. No, it cannot be you, the husband, the father of a family, the man who is there, it is not you, that is not possible; without the prejudice of the speech of the prosecution and a preconceived idea, you would never say that M. Flaubert was the author of a bad book! Surely, left to your inspirations, your appreciation would be the same as mine. I do not speak from a literary point of view; but from a moral and religious standard, as you understand it and I understand it, you and I could not differ.

They have said, furthermore, that we have brought upon the scene a materialistic curate. We took the curate as we took the husband. He is not an eminent ecclesiastic, but an ordinary priest, a country curate. And as we have insulted no one, expressed no thought or sentiment that could be injurious to a husband, so we have insulted no ecclesiastic. I have only a word to say beyond this. Do you wish to read books in which ecclesiastics play a deplorable role? Take _Gil Blas_, _The Canon_ (of Balzac), _Notre-Dame de Paris_ of Victor Hugo. If you wish to read of priests who are the shame of the clergy, seek them elsewhere, for you will not find them in _Madame Bovary_. What have we shown? A country curate, who in his function of country curate is, like M. Bovary, an ordinary man. Have I represented him as a gourmand, a libertine, or a drunkard? I have not said a word of that kind. I have represented him fulfilling his ministry, not with elevated intelligence, but as his nature allowed him to fulfill it. I have put in contact with him, and in an almost continual state of discussion, a type which lives--as the creatures of M. Prudhomme live--as all other creations of our time will live who are taken from truth and which it is not possible for one to forget, and that is the country pharmacist, the Voltairean, the sceptic, the incredulous man, who is in a perpetual quarrel with the curate. But in these quarrels, who is it that is beaten, buffeted, and ridiculed? It is Homais; to him is the most comic role given, because he is the most true, because he best paints our sceptical epoch, a fury whom we call a priest-hater. Permit me still to read to you page 206. It is the good woman of the inn who offers something to her curate:

"'What can I do for you, Monsieur le Cure?' asked the landlady, as she reached down from the chimney one of the copper candlesticks placed with their candles in a row. 'Will you take something? A thimbleful of _ca.s.sis_? A gla.s.s of wine?'

"The priest declined very politely. He had come for his umbrella, that he had forgotten the other day at the Ernemont convent, and after asking Madame Lefrancois to have it sent to him at the presbytery in the evening, he left for the church, from which the Angelus was ringing.

"When the chemist no longer heard the noise of his boots along the square, he thought the priest's behavior just now very unbecoming. This refusal to take any refreshment seemed to him the most odious hypocrisy; all priests tippled on the sly, and were trying to bring back the days of the t.i.the.

"The landlady took up the defense of her cure.

"'Besides, he could double up four men like you over his knee. Last year he helped our people to bring in the straw; he carried as many as six trusses at once, he is so strong.'

"'Bravo!' said the chemist. 'Now just send your daughters to confess to fellows with such a temperament! I, if I were the Government, I'd have the priests bled once a month. Yes, Madame Lefrancois, every month--a good phlebotomy, in the interests of the police and morals.'

"'Be quiet, Monsieur Homais. You are an infidel; you've no religion.'

"The chemist answered: 'I have a religion, my religion, and I even have more than all these others with their mummeries and their juggling. I adore G.o.d, on the contrary. I believe in the Supreme Being, in a Creator, whatever he may be. I care little who has placed us here below to fulfill our duties as citizens and fathers of families; but I don't need to go to church to kiss silver plates, and fatten, out of my pocket, a lot of good-for-nothings who live better than we do. For one can know him as well in a wood, in a field, or even contemplating the eternal vault like the ancients. My G.o.d! mine is the G.o.d of Socrates, of Franklin, of Voltaire, and Beranger! I am for the profession of faith of the 'Savoyard Vicar,' and the immortal principles of '89! And I can't admit of an old boy of a G.o.d who takes walks in his garden with a cane in his hand, who lodges his friends in the belly of whales, dies uttering a cry, and rises again at the end of three days; things absurd in themselves, and completely opposed, moreover, to all physical laws, Which proves to us, by the way, that priests have always wallowed in torpid ignorance, in which they would fain engulf the people with them.'

"He ceased looking round for an audience, for in his bubbling over the chemist had for a moment fancied himself in the midst of the town council. But the landlady no longer heeded him; she was listening to a distant rolling."

What is this? A dialogue, a scene such as occurred each time that Homais had occasion to speak of priests.

There is something better in the last pa.s.sage of page 271:

"Public attention was distracted by the appearance of Monsieur Bournisien, who was going across the market with the holy oil.

"Homais, as we due to his principles, compared priests to ravens attracted by the odour of death. The sight of an ecclesiastic was personally disagreeable to him, for the ca.s.sock made him think of the shroud, and he detested the one from some fear of the other."

Our old friend, he who lent us the catechism, was very happy over this phrase; he said to us: "It is a true hit; it is indeed the portrait of a _priestophobe_ whom the ca.s.sock makes think of a shroud, and who holds one in execration from a little fear of the other." He was impious, and he profaned the ca.s.sock a little through impiety, perhaps, but much more because he was made to think of a shroud.

Permit me to make a _resume_ of all this. I am defending a man who, if he had met a literary criticism upon the form of his book, or upon certain expressions, or on too much detail, upon one point or another, would have accepted that literary criticism with the best heart in the world. But to find himself accused of an outrage against morals and religion! M. Flaubert has not recovered from it; and he protests here before you with all the astonishment and all the energy of which he is capable against such an accusation.

You are not of the sort to condemn books upon certain lines, you are of the sort to judge after reflection, to judge of the way of putting a work, and you will put this question with which I began my plea and with which I shall end it: Does the reading of such a book give a love of vice, or inspire a horror of it? Does not a punishment so terrible drive one to virtue and encourage it? The reading of this book cannot produce upon you an impression other than it has produced upon us, namely: that the work is excellent as a whole, and that the details in it are irreproachable. All cla.s.sic literature authorizes the painting of scenes like these we are pa.s.sing upon.

With this understanding, we might have taken one for a model, which we have not done; we have imposed upon ourselves a sobriety which we ask you to take into account. If, as is possible, M. Flaubert has overstepped the bound he placed for himself, in one word or another, I have only to remind you that this is a first work, but I should then have to tell you that his error was simply one of self-deception, and was without damage to public morals. And in making him come into Court--him, whom you know a little now by his book, him whom you already love a little and will love more, I am sure, when you know him better--is enough of a punishment, a punishment already too cruel. And now it is for you to decide. You have already judged the book as a whole and in its details; it is not possible for you to hesitate!

THE DECISION

The Court has given audience for a part of the last week to the debate of the suit brought against MM. Leon Laurent-Pichat and Auguste-Alexis Pillet, the first the director, the second the printer of a periodical publication called the _Revue de Paris_, and M. Gustave Flaubert, a man of letters, all three implicated: 1st, Laurent-Pichat, for having, in 1856, published in the numbers of the 1st and the 15th of December of the _Revue de Paris_, some fragments of a romance ent.i.tled, _Madame Bovary_ and, notably, divers fragments contained in pages 73, 77, 78, 272, 273, has committed the misdemeanor of outraging public and religious morals and established customs; 2nd, Pillet and Flaubert are similarly guilty; Pillet in printing them, for they were published, and Flaubert for writing and sending to Laurent-Pichat for publication, the fragments of the romance ent.i.tled, _Madame Bovary_ as above designated, for aiding and abetting, with knowledge, Laurent-Pichat in the facts which have been prepared, in facilitating and consummating the above-mentioned misdemeanor, and of thus rendering themselves accomplices in the misdeameanor provided for by articles 1 and 8 of the law of May 17, 1819, and 59 and 60 of the Penal Code.

M. PINARD, subst.i.tute, has sustained the prosecution.

The COURT, after hearing the defense, presented by M. SENARD for M. FLAUBERT, M. DEMAREST for PICHAT, and M. FAVeRIE for the PRINTER, has set for audience this day (Feb. 7) for p.r.o.nouncing judgment, which is rendered in the following terms:

"_Be it known_, that Laurent-Pichat, Gustave Flaubert and Pillet are charged with having committed the misdemeanor of an outrage against public and religious morals and established customs; the first as author, in publishing in the periodical publication ent.i.tled the _Revue de Paris_ of which he is the manager-proprietor, and in the numbers of the 1st and 15th of October, the 1st and 15th of November and the 1st and 15th of December, 1856, a romance ent.i.tled _Madame Bovary_, Gustave Flaubert and Pillet as accomplices, the one for furnishing the ma.n.u.script, and the other for printing the said romance;

"_Be it known_, that the particularly marked pa.s.sages of the romance with which we have to do, which include nearly 300 pages, are contained, according to the terms of the ordinance of dismissal before the Court of Correction, in pages 73, 77 and 78 (of the number of the 1st of December), and 271, 272, 273 (of the 15th of December number, 1856);

"_Be it known_, that the incriminated pa.s.sages, viewed abstractively and isolatedly, present effectively either expressions, or images, or pictures which good taste reproves and which are of a nature to make an attack upon legitimate and honorable susceptibilities;

"_Be it known_, that the same observations can justly be applied to other pa.s.sages not defined by the ordinance of dismissal, and which, in the first place seem to present an exposition of theories which would at least be contrary to the good customs and inst.i.tutions which are the basis of our society, as well as to a respect for the most august ceremonies of divine worship;

"_Be it known_, that, from these diverse t.i.tles, the work brought before the Court merits severe blame, since the mission of literature should be to ornament and recreate the mind by raising the intelligence and purifying manners, rather than by showing the disgust of vice in offering a picture of disorder which may exist in our society;