Comparative Fairness of Joan’s Trial
The truth is that Cauchon was threatened and insulted by the English for being too considerate to Joan. A recent French writer denies that Joan was burnt, and holds that Cauchon spirited her away and burnt somebody or something else in her place, and that the pretender who subsequently personated her at Orleans and elsewhere was not a pretender but the real authentic Joan. He is able to cite Cauchon’s pro-Joan partiality in support of his view. As to the assessors, the objection to them is not that they were a row of uniform rascals, but that they were political partisans of Joan’s enemies. This is a valid objection to all such trials; but in the absence of neutral tribunals they are unavoidable. A trial by Joan’s French partisans would have been as unfair as the trial by her French opponents; and an equally mixed tribunal would have produced a deadlock. Such recent trials as those of Edith Cavell by a German tribunal and Roger Casement by an English one were open to the same objection; but they went forward to the death nevertheless, because neutral tribunals were not available. Edith, like Joan, was an arch heretic: in the middle of the war she declared before the world that “Patriotism is not enough.” She nursed enemies back to health, and assisted their prisoners to escape, making it abundantly clear that she would help any fugitive or distressed person without asking whose side he was on, and acknowledging no distinction before Christ between Tommy and Jerry and Pitou the poilu. Well might Edith have wished that she could bring the Middle Ages back, and have fifty civilians learned in the law or vowed to the service of God, to support two skilled judges in trying her case according to the Catholic law of Christendom, and to argue it out with her at sitting after sitting for many weeks. The modern military Inquisition was not so squeamish. It shot her out of hand; and her countrymen, seeing in this a good opportunity for lecturing the enemy on his intolerance, put up a statue to her, but took particular care not to inscribe on the pedestal “Patriotism is not enough,” for which omission, and the lie it implies, they will need Edith’s intercession when they are themselves brought to judgment, if any heavenly power thinks such moral cowards capable of pleading to an intelligible indictment.
The point need be no further labored. Joan was persecuted essentially as she would be persecuted today. The change from burning to hanging or shooting may strike us as a change for the better. The change from careful trial under ordinary law to recklessly summary military terrorism may strike us as a change for the worse. But as far as toleration is concerned the trial and execution in Rouen in 1431 might have been an event of today; and we may charge our consciences accordingly. If Joan had to be dealt with by us in London she would be treated with no more toleration than Miss Silvia Pankhurst, or the Peculiar People, or the parents who keep their children from the elementary school, or any of the others who cross the line we have to draw, rightly or wrongly, between the tolerable and the intolerable.