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Decoding Liberation Samir Chopra Digital Instant
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Author(s): Samir Chopra, Scott D. Dexter
ISBN(s): 9780203942147, 0203942140
Edition: Kindle
File Details: PDF, 2.66 MB
Year: 2007
Language: english
Decoding
Liberation
Series Titles
Forthcoming Titles
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used only for identification and explanation without intent to infringe.
Chopra, Samir.
Decoding liberation : the promise of free and open source software / Samir Chopra,
Scott D. Dexter.
p. cm. ‑‑ (Routledge studies in new media and cyberculture)
Includes bibliographical references and index.
ISBN 0‑415‑97893‑9 (alk. paper)
T&F_LOCGMaster.indd C0100.indd 4
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A M
Dedication
S. C.
S. D.
Acknowledgments ix
Introduction xiii
5 Free Software and the Political Philosophy of the Cyborg World 145
Notes 175
Bibliography 181
Index 199
A number of our colleagues and friends helped us get this project off the ground.
Timothy Shortell, one of the 101 Most Dangerous Academics in America, loaned
us his copy of Steven Weber’s The Success of Open Source; Corey Robin and Sha-
ron Zukin both read and provided advice on the book proposal; Robert Tempio
expertly guided our proposal into the right hands. Our editor, Matthew Byrnie,
demonstrated faith in this project from very early on. For their comments on early
versions of two chapters, we thank the members of the Faculty Fellowship Pub-
lications Program at the CUNY Graduate Center during the Spring 2005 semes-
ter: Jordi Getman-Eraso, Janet Johnson, Anru Lee, Costas Panayotakis, Fredrick
Wasser, and Sharon Zukin. We also thank Lee Quinby and the Zicklin Seminar at
Brooklyn College for their support during the Fall 2006 semester.
Richard Stallman provided extraordinarily timely and constructive feedback
on versions of Chapters 1, 2, and 4. We owe him another intellectual debt, in that
much of this book is directly inspired by his writings.
David Arnow, Carolina Bank-Muñoz, David Berry, Matt Butcher, Fernando
Cassia, Chris Cardona, Thomas Chance, Marvin Croy, John Frohnmeyer, Ben-
jamin Mako Hill, James “JD” Howell, Aaron Kozbelt, Lee Quinby, George
Thiruvathukal, Saam Trivedi, Robert Viscusi, Donna Wilson, and Thomas Wren
provided intellectual support, critique, and encouragement. Portions of some
chapters were presented at the International Conference on Knowledge, Technol-
ogy and Society 2005; Computer Ethics and Philosophical Enquiry 2005; North
American Computers and Philosophy Conference 2005; and the American Philo-
sophical Association’s Central Division Meeting 2006. We thank audiences at
these meetings for their comments and discussion.
Noor Alam, Jill Cirasella, Dayton Clark, David Coady, Gabriella Coleman,
David Dexter, Sharon Dexter, Virginia Held, Jelena Karanovic, Chandra Kumar,
Edward Levine, Sean Sullivan, John Sutton, and Katherine Willis were dedicated
readers of different versions of the chapters; we thank them all for their graceful
handling of anxious authors.
Jill Cirasella and Katherine Willis performed astonishing feats of librari-
anship; Camille Martin helped dissolve bureaucratic obstacles; a PSC-CUNY
research award helped in the procurement of books and supplies; Aaron Tenen-
baum continues to be a sensitive and accommodating chair.
ix
Pilon Coffee, Rasily Supari, International Food Store, John’s Bakery and
Cafe, the MTA, Yo in Midtown, Dogfish Head Craft Brewery, Chris Parnell,
Andy Samberg, Mark Feuerstein, Sam Friedlander, Adam Stein, VoxPop, Pros-
pect Park, Transportation Alternatives, Ali Mohammed Grocery, Yahoo! Groups,
and Gmail facilitated the long hours of writing.
S. C.
S. D.
I owe multifarious intellectual and personal debts: Jim Whitescarver, for daz-
zling me with his regular expressions and his spirit of constant inquiry; Rakesh
Kushwaha, for the companionship, and for help with my struggles with coding;
Gurinder Johar, for showing me work on computers could be playful; my brother,
Ashutosh Chopra, for being the first hacker I knew; Devendra Vamathevan, for
the first beautiful algorithm I had ever seen; the Computerized Conferencing and
Communications Center, for teaching me most of the computer science I know;
Thomas Meyer, for discussions about the philosophy of science; Norman Foo,
for providing a great research environment in Sydney; JD Howell, for making
GNU/Linux installs fun; Rohit Parikh, for teaching me much about mathematics,
philosophy and computer science; Murray Turoff and Roxanne Hiltz, for intro-
ducing me to a study of technology’s social and political implications; the UNIX
community, for putting on many, many brilliant performances; all those in the
free software and open source communities that keep their code free in all the
ways they know.
My families continue to provide the emotional sustenance that lifts me each
day. I am thankful for their love and support to the Chopras, the Sabharwals, the
Tulis, the Sens, the Alams, and the Ahujas. A special thanks to Ashu, Ritu and
Akul for keeping a home for me in India.
No expression of my gratitude to my wife, partner, and best friend, Noor Alam,
would do justice to all she does for me. But I’ll go ahead and thank her anyway.
I was fortunate in this project to have the perfect coauthor: Scott Dexter. I
grew in many ways —intellectually and personally—while working with him on
this book. We started talking about politics and technology years ago, and have
not stopped yet. I look forward to many more conversations with mi buen amigo.
S. C.
I wouldn’t have been able to imagine participating in a project like this had I
not stumbled into a community of scholars and activists during graduate school.
Most especially, Rachel Barish, Jon Curtiss, Tamara Joseph, and Karen Miller
opened the possibility of finding an intersection between the academy and a
vision of the world as it ought to be. Alejandra Marchevsky and Jeanne Theoha-
ris aided in my search for that intersection while also demonstrating the intense
intellectual satisfaction that comes of writing with four hands on one keyboard.
xiii
programmer to read another’s work and understand not only the function of the
program but the manner in which that functionality is achieved.
In the past few decades, most commercial software has been distributed in
binary form only, thereby providing users with usable programs but concealing
the techniques by which these programs achieve their purposes. Source code for
such proprietary programs is regarded as a trade secret, the revelation of which
supposedly has disastrous economic effects for its corporate creator.
But there is an alternative: to distribute software with its source code. This is
the guiding principle of free and open source software (FOSS). At various points
in the history of software development, in particular communities of program-
mers and enthusiasts, and among some modern software corporations, distribu-
tion of source code has been and continues to be a fundamental practice. This
distribution creates several potentials for users: to inspect the code of the software
they use, to modify it if they are so inclined, and to send the modifications back
to the originator for incorporation in future versions of the software. The core
distinction between FOSS and proprietary software is that FOSS makes avail-
able to its users the knowledge and innovation contributed by the creator(s) of the
software, in the form of the created source code. This permits, even encourages,
interested programmers to become involved with the ongoing development of the
software, disseminates knowledge about the inner workings of computing arti-
facts, and sustains autonomy among the community of software users. Allowing
this form of user participation in the evolution of software has created vast and
sophisticated networks of programmers, software of amazingly high quality, and
an eructation of new business practices.
The terms free software and open source software are nearly synonymous
terms for a particular approach to developing and distributing software. We use
the phrase free and open source software, or FOSS, to include both notions
explicitly. There are important distinctions to be made, however, between the
open source and free software movements; we will refer to them individually
when the difference is crucial.
***
The FOSS phenomenon is the subject of numerous political, economic, and socio-
logical studies, all reacting to the potential for radical change it embodies. These
studies focus mainly on four claims.
First, FOSS is a novel technology for producing software: it “represent[s] a
new mode of production — commons-based peer production” (Benkler 2002)
and is “a critique of existing laws, contracts, and business practices . . . [with]
the potential to explicitly change the ‘political-economic structure of society’”
(Kelty 2002). Therefore, it is supported by new microeconomic, political, and
personal dynamics that may shed light on other areas of economic productivity
and modes of collaboration. This new mode of production serves as the basis
for examinations of its historical antecedents, parallels from other (sub)cultures,
He had however played his part so well that the imprisoned Pécolat
was exasperated not against him but against his most intimate
friend Berthelier. His black fit came over him. He said to himself that
although a man of the most inoffensive character, he seemed
destined to expiate the faults of all his party. With what had they to
reproach him? Mere jokes and laughter.... Berthelier was the real
conspirator, and he was at large.... On the 3rd of April Pécolat was
removed from the dungeon into which he had been thrown, and
conducted to the top of the castle, under the roof. The bishop had
ordered him ‘to be examined and forced to speak the truth;’ and the
torture-room was at the top of the castle. After the usual
preliminaries the examination began. The plot of the non videbit and
the salt fish was too absurd; M. de Thoire, the examining judge,
dwelt but little upon it, and endeavoured particularly (for that was
the object of the arrest) to obtain such admissions as would ruin
Geneva and her principal citizens. As Pécolat deposed to nothing
that would inculpate them, he was tied by one hand to the rope,
and, as he still refused to answer, was hoisted four feet from the
floor. The poor fellow groaned deeply and speaking with difficulty109
said: ‘Cursed be Berthelier for whom I am shut up!’ He made no
confession, however.
The next day they resorted to another expedient. The bishop gave
himself the pleasure of keeping the wretched man hanging to the
cord while he was at dinner. The servants, as they passed backwards
and forwards waiting on their master, said to Pécolat: ‘You are very
stupid to let yourself be put to such torture: confess everything.
What will your silence help you? Maule has told everything; he has
named So-and-so ... the Abbot of Bonmont, for instance, whom you
want to make your bishop after you have done for my lord.’ All these
traps were useless—he made no confession. It was next determined
to expose Pécolat to a more cruel torture: the executioners tied his
hands behind his back, and then pulled the rope so as to raise his
arms above his head; lastly they lifted him five or six feet from the
floor, which was enough to dislocate his shoulders. Pécolat suffered
horribly, and he was not a Regulus. ‘Let me down! let me down!’ he
cried, ‘and I will tell all.’ ... The judges, delighted at having
vanquished the obstinate rebel at last, ordered him to be lowered.
Terror was in his heart, and his features betrayed the trouble of his
mind. The man, usually so gay and so witty, was now pale,
affrighted, his eyes wandered, and he fancied himself surrounded by
hungry dogs. He said all that they wanted him to say. To the falsest
imputations against the noblest of his friends he answered ‘Yes, yes!’
and the satisfied judges sent him back to his dungeon.110
As the councillors left the Hôtel de Ville in the dark, they said to one
another: ‘It is Berthelier.’ The friends he had among them ran off to
tell him the news, conjuring him to escape the vengeance of the
prince by flight. Bonivard joined his entreaties to theirs: ‘The sword
is over your head,’ he said.—‘I know it,’ answered Berthelier, ‘yes, I
know that I shall die, and I do not grieve at it.’ ‘Really,’ said
Bonivard, ‘I never saw and never read of one who held life so cheap.’
The friends of the noble-minded citizen redoubled their entreaties.
They represented to him that there remained in Geneva only a small
number of civic guards, imperfectly trained to arms;115 that one part
of the burgesses would assent through fear to the plots of the
Savoyard party, and that another part would aid them. Berthelier still
resisted: ‘God,’ said he, ‘will miraculously take away their power.’116
His friends resorted to another argument. There happened to be just
then in Geneva some envoys from Friburg; Berthelier’s friends
begged him to depart with them. ‘Out of Geneva,’ they said, ‘you will
serve the city better than within.’ That consideration decided him. He
went during the night to the hostelry of the Friburgers. ‘We leave to-
morrow,’ they told him; ‘here is a livery cloak with the arms of
Friburg; put it on, and thus disguised you shall come with us, like
one of the state riders. If you are not recognised at the gates of
Geneva or in the Pays de Vaud, you are safe.’ The Friburgers left the
city very early: the guard looked at them for a moment as they
passed the gate, but without suspecting that the great republican
was with them. He was safe.
The next day the syndic Nergaz having delivered the message of the
council to the bastard of Savoy, the latter was exasperated because
instead of seizing Berthelier, they simply told him that they intended
doing so. ‘Do you mean to give him time to escape?’ he asked. The
council immediately ordered a great display of force to arrest the
liberal leader. His friends the councillors, who knew him to be
already far away in the country, let his enemies go on. ‘Shut all the
city gates,’ said they. ‘Assemble the tithing men and the tens;
summon the vidame to assist in executing the law; let the syndics
preside in person over the search for the culprit.’117 ‘Bravo!’
whispered some aside, ‘shut the cage ... the bird has flown.’ The
most zealous of the bishop’s partisans hurried off to close the gates.
The syndics and tithing men set out, followed by a great number of
citizens, and all went towards Berthelier’s house. They searched
every chamber, they sounded every hiding-place, but found nobody.
Some were angry, others laughed in their sleeves; the most violent,
supposing he had escaped to one of his friends, put themselves at
the head of the troop and searched every house that Berthelier was
in the habit of frequenting. As a six days’ search led to nothing, they
were forced to rest satisfied with summoning the accused by sound
of the trumpet. No one had any more doubts about his escape: the
liberals were delighted, but anger and vexation prevailed at the
castle.
CHAPTER IX.
BERTHELIER CALLS THE SWISS TO THE AID OF GENEVA; HUGUENOTS AND
The Genevan and the Friburger immediately set off together to the
chief of these ‘abbeys’ or clubs. They had scarcely entered the hall,
when Marty in some confusion whispered into his companion’s ear:
‘Some of the duke’s pensioners are here; veil your meaning, for fear
they should stop our work.’ Berthelier took the hint, and, rendered
cautious by the presence of his enemies, spoke in ambiguous
language, concealing his thoughts, but in such a manner that they
might be guessed. He spoke of the wars that Burgundy had waged
against Switzerland and of Charles the Bold; he intended thus to
remind them of the war Savoy was now making upon Geneva and of
Charles the Good. He hinted that the Swiss ought to distrust the
Duke of Savoy, however smiling the face he showed them. Had they
not spoiled his country during the Burgundian wars, and did they not
still occupy a part of it? ‘Your ancestors,’ said Berthelier, ‘have
plundered and ravaged certain provinces—you know which—and in
any case others do not forget it.... If somebody should become
master of Geneva, he would fortify it against you ... but if Geneva
became your ally, you could make it your rampart against all princes
and potentates.’ Every one knew of whom Berthelier was speaking.
But if he saw the angry eye of some pensioner of Savoy fixed upon
him, he became more guarded, his language more figurative and
interrupted; he spoke lower, and ‘as if at random,’ said Bonivard.
Then remembering Geneva, his courage revived, and his energetic
accents burst forth again in the council of Friburg. He then forgot all
prudence, and made, says the chronicler, a great lament of the
oppression under which the city groaned. This speech, which
aroused violent storms, was not to remain useless: Berthelier’s
eloquent words were fruitful thoughts, cast into the hearts of the
people of Friburg. Like those seeds which, borne by the tempest, fall
here and there among the Alps, they were destined one day to
revive in Geneva the ancient tree of her liberties.118
The exile desired that the Friburgers should see the misfortunes of
Geneva with their own eyes, and connect themselves with the
principal men there. If Geneva and Friburg come together, he
thought, the flame will break out and the union will be cemented. He
attained his end. Some citizens of Friburg set off, arrived at Geneva,
and were welcomed by Besançon Hugues, Vandel, and all the
patriots. They dined sometimes with one, sometimes with the other.
They spoke of the liberties of the Swiss; they described their heroic
struggles, and in these animated conversations, hearts were melted
and united in such a way as to form but one. The deputies, having
been received by the council, complained of the violation of the
franchises of the city, and demanded a safe-conduct for Berthelier.
Three councillors immediately set off for St. Joire, a village in the
mountains, a few leagues from Geneva, where the bastard
happened to be staying at a castle he possessed there. John did not
like to be disturbed in his country retreats; he gave orders, however,
that the magistrates should be admitted, when they set before him
pretty plainly the complaints of the Friburgers. ‘What! I violate the
franchises!’ he exclaimed, with a look of astonishment, ‘I had never
even thought of it. A safe-conduct for Berthelier ... why, he does not
require one. If he believes himself innocent, let him come; I am a
good prince.... No, no, no! No safe-conduct!’ On the 12th of August
the syndics communicated this answer to the Friburgers. The Swiss
were indignant, and as if the syndics had some share in the matter,
they upbraided them: ‘Why even the Turks would not refuse a safe-
conduct, and yet a bishop dares do it! A safe-conduct useless?...
Was not Pécolat seized a few days ago beyond the bounds of the
city? Did they not expose him to such torture that pain extorted from
him all they wanted? Citizens have left the town in alarm; others are
shut up in their houses. Are they not always bringing one or another
into trouble? And yet the bishop refuses Berthelier a safe-conduct?...
Very well! we will get together all these grievances and see them
remedied. Rest assured of this ... we will risk our persons and our
goods. We will come in such force that we will take his Highness’s
governor in the Pays de Vaud, the friends of Savoy in your city, and
then—we will treat them as you have treated our friends.’—Upon this
they departed in great anger, say contemporary manuscripts.119
The Friburg deputies had hardly left the city, when the duke’s party
accosting the independent Genevans, and gallicising each in his own
way the German word Eidesgenossen (confederates) which they
could not pronounce, called after them Eidguenots, Eignots,
Eyguenots, Huguenots! This word is met with in the chronicles of the
time written in different ways;121 Michel Roset, the most respectable
of these authorities of the sixteenth century, writes Huguenots; we
adopt that form, because it is the only one that has passed into our
language. It is possible that the name of the citizen, Besançon
Hugues, who became the principal leader of this party, may have
contributed to the preference of this form over all the others. In any
case it must be remembered that until after the Reformation this
sobriquet had a purely political meaning, in no respect religious, and
designated simply the friends of independence. Many years after, the
enemies of the protestants of France called them by this name,
wishing to stigmatise them, and impute to them a foreign,
republican, and heretical origin. Such is the true etymology of the
word; it would be very strange if these two denominations, which
are really but one, had played so great a part in the sixteenth
century, at Geneva and in French protestantism, without having had
any connection with one another. A little later, about Christmas,
1518, when the cause of the alliance was more advanced, its use
became more general. The adherents of the duke had no sooner
started the nickname than their opponents, repaying them in their
own coin, called out: ‘Hold your tongues, you Mamelukes!... As the
Mamelukes have denied Christ to follow Mahomet, so you deny
liberty and the public cause to put yourselves under a tyranny.’122 At
the head of these Mamelukes were some forty rich tradesmen, men
good enough at heart despite their nickname, but they were men of
business who feared that disturbances would diminish their gains.
The term Mamelukes put them into a great passion: ‘Yes,’ continued
the Huguenots, ‘Sultan Selim conquered the Mamelukes last year in
Egypt; but it seems that these slaves, when expelled from Cairo,
took refuge at Geneva. However, if you do not like the name ... stay,
since you deliver up Geneva through avarice, we will call you
Judases!’123
While the city was thus disturbed, the bishop, proud of having
tortured the wretched Pécolat, removed from St. Joire to Thonon. He
had never experienced to a like degree the pleasure of making his
power felt, and was delighted at it; for though servile before the
duke, he had in him some of the characteristics of the tyrant. He had
made somebody tremble! ... and he therefore regarded the trap laid
for Pécolat as a glorious deed, and desired to enjoy his triumph in
the capital of Chablais. At the same time he repeated to every one
who would listen to him that he would not return to Geneva: ‘They
would murder me,’ he said. The Genevans, conscientiously
submissive to the established order, resolved to display their loyalty
in a marked manner. There lived at that time in Geneva an old man,
Pierre d’Orsières, respected by all parties, whose family possessed
the lordship of that name in Valais, on the way to the St. Bernard
pass. Forty years before (in 1477) he had been one of the hostages
given to the Swiss; since then he had been six times elected chief
magistrate of the State. His son Hugonin had been made a canon
out of respect to his father; but he was a fanatical priest and in after
days the most hostile of all the clergy to the Reformation. The
council resolved to send a solemn deputation to the bishop, and
placed the syndic D’Orsières at its head.
The duke was displeased at these mistakes of the bishop, and they
came upon him at a difficult moment. Charles III., a weak and fickle
prince, inclined at that time to the emperor’s side, and displeased his
nephew Francis I., who seemed disposed to give him a roughish
lesson. Moreover, the proceedings of the Friburgers disquieted him,
for Geneva was lost to Savoy if the Swiss took up its cause. Liberty,
hitherto driven back to the German Alps, would plant her standard in
that city of the Leman, and raise a platform whence she would act
upon all the populations speaking the French tongue. The most
skilful politicians of Savoy—Seyssel who had just been appointed
archbishop of Turin, and Eustace Chappuis who understood
thoroughly the mutual relations of states, and whom Charles V.
employed afterwards in his negotiations with Henry VIII.—
represented to the duke that he must take care at any cost not to
alienate the Swiss. The terrified Charles III. assented to everything,
and Chappuis was authorised to patch up the blunders committed by
the bishop.
This learned diplomatist saw clearly that the great business was, if
possible, to raise an insurmountable barrier between the Swiss and
the Genevans. He reflected on the means of effecting it: and
resolving to show himself kind and good-natured, he set out for
Geneva. By the duke’s intervention he had been made official of the
episcopal court; as such he was sworn in before the syndics; he then
exerted all his skill to alienate the Genevans from the Swiss and
attach them to the house of Savoy; but his fine words did not
convert many. ‘The duke,’ said the prior of St. Victor, ‘seeing that his
cats have caught no rats, sends us the sleekest of mousers.’
Chappuis immediately set off for Friburg, where he began to practise
on the pensioners. ‘Ha!’ said they, ‘Berthelier is an instance of what
the princes of Savoy can do.’ The diplomatist stuck at nothing: he
called upon the fugitive and entreated him to return to Geneva,
promising him a pardon.—‘A pardon!’ exclaimed the haughty citizen,
‘pardon does not concern good men but criminals. I demand
absolution if I am innocent, and punishment if I am guilty.’125
This honourable declaration embarrassed the duke all the more that
he had other anxieties on his mind. The news from Piedmont was
bad: every day he received letters urging him to return. ‘The Marquis
of Montferrat.’ they told him, ‘is committing serious depredations.’
But the headstrong prince was ready to lose his own states, if he
could but get Geneva—and lose them he did not long after. Finding
himself on the point of discovering a conspiracy, calculated to satisfy
the cardinals, he resolved not to yield. His creatures and those of the
prelate held conference after conference; at last they found a means
—a diabolical means—of putting Pécolat to death. Seeing that lay
judges were not to be persuaded to condemn an innocent man, they
resolved that he should be tried by priests. To put this plan into
execution, it was necessary to change the layman—the ex-hosier, the
merry fellow who was at every banquet and every masquerade—into
a churchman. They succeeded. ‘To gratify their appetite,’ said
Bonivard, ‘they produced a forged letter, to the effect that Pécolat
was an ordained clerk ... and therefore his case belonged not to the
secular, but to the ecclesiastical judge.’ The fraud found, or seemed
to find belief in the official world. ‘Accordingly,’ goes on the chronicle,
‘they transferred him from the Château de l’Ile, which was the lay
prison, to the bishop’s palace which was the Church court, and he
was placed once more in the hands of the Pharisees.’ This was a
stroke worthy of a celebrated religious order not yet in existence,
but which was about to be founded to combat the Reformation.
Henceforth we shall see none of that silly consideration, of that
delicate circumspection, which the laymen had employed. The
bishop, now become judge and party, ‘deliberated how to handle
him well.’ Some persons having asserted that Pécolat could not
endure the rack, the doctors again examined his poor body: some
said yes and others no, so the judges decided that the first were
right, and the instrument of torture was prepared. It was not only
heroic men like the Bertheliers and Lévriers, who, by their daring
opposition to arbitrary power, were then raising the edifice of liberty;
but it was also these wicked judges, these tyrannical princes, these
cruel executioners, who by their wheel and rack were preparing the
new and more equitable times of modern society.130
All Geneva pitied the unhappy man, and asked if there was no one
to deliver him from this den of thieves? Bonivard, a man who
afterwards knew in his own person the horrors of a prison, never
ceased thinking of the means of saving him. He loved Pécolat; he
had often admired that simple nature of his, so impulsive, so strong
and yet so weak, and above all his devotion to the cause of the
liberties of the city. He felt that human and divine rights, the
compassion due to the unhappy, his duty towards Geneva,
(‘although I am not a native,’ he said,)—all bound him to make an
effort. He left his monastery, called upon Aimé Lévrier, and
expressed his desire to save Pécolat. Lévrier explained to him that
the bishop had forbidden any further steps, and that the judges
could not act without his consent. ‘There is however one means,’
added he. ‘Let Pécolat’s relations demand justice of me; I shall
refuse, alleging the prince’s good pleasure. Then let them appeal, on
the ground of denial of justice,134 to the metropolitan court of
Vienne.’ Bonivard, full of imagination, of invention, of resources,
heedless of precedents, and energetic, immediately resolved to try
this course. The Archbishop of Vienne (he argued) being always
jealous of the Bishop of Geneva, would be delighted to humble his
powerful colleague. ‘I have friends, relations, and influence in Savoy,’
said he, ‘I will move heaven and earth, and we will teach the bastard
a pretty lesson.’ He returned to his monastery and sent for Pécolat’s
two brothers. One of them, Stephen, enjoyed the full confidence of
his fellow-citizens, and was afterwards raised to the highest offices;
but the tyranny of the princes alarmed everybody: ‘Demand that
your brother be brought to trial,’ said Bonivard to the two brothers.
—‘No,’ they answered, ‘the risk is too serious.’ ... Bonivard’s
eloquence prevailed at last. Not wishing to leave them time for
reflection, he took them forthwith to Lévrier; the petition, answer,
and legal appeal were duly made; and Stephen Pécolat, who by
contact with these two generous souls had become brave, departed
for Vienne in Dauphiny with a warm recommendation from the prior.
The Church of Vienne had enjoyed from ancient times the title of
holy, of maxima sedes Galliarum, and its metropolitan was primate
of all Gaul. This prelate, delighted with the opportunity of making his
authority felt by a bishop who was then more powerful than himself,
summoned the procurator-fiscal, the episcopal council, and the
bishop of Geneva to appear before his court of Vienne within a
certain term, to hear judgment. In the meanwhile he forbade the
bishop to proceed against the prisoner under pain of
excommunication. ‘We are in the right road now,’ said Bonivard to
Lévrier. But who would serve this daring summons upon the bishop?
These writs of Vienne were held in such slight esteem by the
powerful prelates of Geneva, that it was usual to cudgel the bearers
of them. It might be foreseen that the bishop and duke would try
every means to nullify the citation, or induce the archbishop to recall
it. In short, this was not an ordinary case. If Pécolat was declared
innocent, if his depositions against Berthelier were declared false,
what would become of the scheme of Charles III. and Leo X. at
which the bishop himself so basely connived? Geneva would remain
free.... The difficulties which started up did not dishearten Bonivard;
he thought that the devices set on foot to enslave the city were
hateful, and that as he wished to live and die there, he ought to
defend it. ‘And then,’ adds a chronicler, ‘the commander of St. Victor
was more bold than wise.’ Bonivard formed his resolution. ‘Nobody,’
he said, ‘dares bell the cat ... then I will attempt the deed.’ ... But his
position did not permit him ‘to pass the river alone.’ It was necessary
that the metropolitan citation should be served on the bishop by an
episcopal bailiff. He began to search for such a man; and recollecting
a certain poor clerk who vegetated in a wretched room in the city, he
sent for him, put two crowns in his hand, and said: ‘Here is a letter
from the metropolitan that must be delivered to the bishop. The
duke and the prelate set out the day after to-morrow for Turin; to-
morrow morning they will go and hear mass at St. Pierre; that will
be the latest hour. There will be no time after that. Hand this paper
to my lord.’ The clerk was afraid, though the two crowns tempted
him strongly; Bonivard pressed him: ‘Well,’ said the poor fellow, ‘I
will promise to serve the writ, provided you assist me personally.’
Bonivard agreed to do so.
The next day the prior and the clerk entered the cathedral. The
princes were present, surrounded with much pomp: it was high
mass, a farewell mass; nobody was absent. Bonivard in his quality of
canon had a place of honour in the cathedral which would have
brought him near the bishop; but he took care not to go there, and
kept himself at a distance behind the clerk in order to watch him; he
feared lest the poor man should get frightened and escape. The
consecration, the elevation, the chanting, all the sumptuous forms of
Roman worship, all the great people bending before the altar, acted
upon the unlucky bailiff’s imagination. He began to tremble, and
when the mass was ended and the moment for action arrived,
‘seeing,’ says Bonivard, ‘that the game was to be played in earnest,’
he lost his courage, stealthily crept backwards, and prepared to run
away. But Bonivard, who was watching him, suddenly stepped
forward, seized him by the collar, and placing the other hand upon a
dagger, which he held beneath his robe, whispered in his ear: ‘If you
do not keep your promise, I swear I will kill you.’ The clerk was
almost frightened to death, and not without cause, ‘for,’ adds
Bonivard in his plain-spoken ‘Chronicles,’ ‘I should have done it,
which I do not say to my praise; I know now that I acted foolishly.
But youth and affection carried me away.’ He did not kill the clerk,
however; he was satisfied with holding him tightly by the thumb,
and with a firm hand held him by his side. The poor terrified man
wished in vain to fly: Bonivard’s dagger kept him motionless; he was
like a marble statue.135
Meanwhile the duke, his brother the count, and the bishop were
leaving the church, attended by their magnificent retinue, and
returning to the episcopal palace, where there was to be a grand
reception. ‘Now,’ said Bonivard to the clerk, ‘no more delay, you must
discharge your commission;’ then he put the metropolitan citation
into the hand that was free, and still holding him by the thumb, led
him thus to the palace.
When he came near the bishop, the energetic prior letting go the
thumb, which he had held as if in a vice, and pointing to the prelate,
said to the clerk: ‘Do your duty.’ The bishop hearing these words,
‘was much afraid,’ says Bonivard, ‘and turned pale, thinking I was
ordering him to be killed.’ The cowardly prelate turning with alarm
towards the supposed assassin cast a look of distress upon those
around him. The clerk trembled as much as he; but meeting the
terrible eye of the prior and seeing the dagger under his robes, he
fell on his knees before the bishop, and kissing the writ, presented it
to him, saying: ‘My lord, inhibitur vobis, prout in copia.’136 He then
put the document into his hand and ran off: ‘Upon this,’ adds the
prior, ‘I retired to my priory of St. Victor. I felt such juvenile and silly
arrogance, that I feared neither bishop nor duke.’ Bonivard had his
culverins no longer, but he would yet have stood a siege if necessary
to bring this matter to a successful issue. The bishop never forgot
the fright Bonivard had caused him, and swore to be even with him.
Pécolat’s friends took the matter more seriously. They feared for his
life. Who could tell whether the bastard had not left orders to get rid
of the prisoner, and left Geneva in order to escape the people’s
anger? These apprehensions were not without cause, for more than
one upright man was afterwards to be sacrificed in the castle of
Peney. Stephen Pécolat and some of his brother’s friends waited on
St. Victor; ‘The superior metropolitan authority has ordered Pécolat
to be released,’ they said; ‘we shall go off straight in search of him.’
The acute Bonivard represented to them that the gaolers would not
give him up, that the castle was strong, and they would fail in the
attack; that the whole people should demand the liberation of the
innocent man detained by the bishop in his dungeons, in despite of
the liberties of the city and the orders of his metropolitan. ‘A little
patience,’ he continued; ‘we are near the beginning of Lent, holy
week is not far off; the interdict will then be published by the
metropolitan. The christians finding themselves deprived of the
sacrament will grow riotous, and will compel the bishop’s officers to
set our friend at liberty. Thus the inhibition which we served upon
the bishop in his palace, will produce its effect in despite of him.’ The
advice was thought sound, they agreed to it, and everybody in
Geneva waited with impatience for Easter and the excommunication.
The bearers of this order were hardly halfway, when they met a
numerous jubilant and noisy crowd returning from Peney. The
friends of Pécolat, preceded by the official letters addressed to the
governor, had appeared before that officer, who, after reading the
despatch over and over, had thought it his duty to obey. Pécolat’s
friends hurried after the gaoler, who, carrying a bunch of keys in his
hand, went to open the cell; they entered with him, shouting
release! They broke the prisoner’s chains; and, finding him so weak,
carried him in their arms and laid him in the sunshine in the castle
yard. Without loss of time they placed him in a peasant’s cart and all
started for Geneva. This was the crowd met by the episcopal
officers. The Genevans were bringing back their friend with shouts of
joy. In vain did the episcopal officers stop this joyous band, and
require that the prisoner should be led back to Peney; in vain did
they speak of the bishop and even of the pope; all was of no use.
Despite the rogations of the pope, the prelate, and the messengers,
the people carried Pécolat back in triumph. This resistance offered to
the Roman pontiff, at the moment he was lending assistance to the
bastard in his oppression of a poor innocent man, was, as it were,
an affair of outposts; and the Genevans were thus training
themselves for more notable battles. ‘Forward,’ they shouted, ‘to the
city! to the city!’ and the crowd, leaving the episcopal officers alone
in the middle of the road, hastened to the gates.
At last they approached Geneva, and there the excitement was not
less great than on the road. Pécolat’s return was the triumph of right
over injustice, of liberty over despotism; and accordingly it was
celebrated with enthusiasm. The poor man, dumb (for his wound
was not yet healed), shattered by the torture, and wasted away by
his long captivity, looked silently on all around him, and experienced
an emotion he could hardly contain. After such trials he was
returning into the old city amid the joyous cries of the population.
However, his friends did not forget the orders of the pope and the
bishop; and fearing lest the vidame should again seize the poor
fellow, they took him to the convent of the Grey Friars of Rive, an
asylum reputed inviolable, and quartered him in the cell of his
brother, the monk Yvonnet. There the poor invalid received all the
affectionate attendance he required; he remained some time without
saying much; but at last he recovered his speech, ‘by the
intercession of a saint,’ said the priests and Pécolat himself, as it
would appear. Was it devoutly or jestingly that he spoke of this
pretended miraculous cure? We shall not decide. Bonivard, who
perhaps no longer believed in the miracles of saints, assigns another
reason: ‘The surgeons dressed the wound in his tongue;’ and he
adds: ‘He always stuttered a little.’ If Bonivard had doubts about the
saints, he believed in the sovereign justice of God: ‘Then came to
pass a thing,’ he said, ‘which should not be forgotten; all the judges
who condemned Pécolat to be tortured died this year, one after
another, which we cannot suppose to have happened except as a
divine punishment.’
Some timid and alarmed citizens dared not go and see Pécolat; one
of these was Blanchet, the friend of Andrew Navis, who had been
present at the famous meeting at the Molard and the momon
supper, and who, falling not long after beneath the bishop’s violence,
was doomed to expiate his errors by a most cruel death. Blanchet is
the type of a character frequent at this epoch. Having learnt, shortly
after the famous momon banquet, that a certain individual whose
name even he did not know, but who, he said, ‘had given him the lie
to his face,’ was in Burgundy, Blanchet set off after him, gave him a
box on the ears, and returned. He came back to Geneva, thence he
went into Faucigny, and afterwards to Italy; he took part in the war
between the pope and the Duke of Urbino (who so terribly
frightened Leo X.); returned to Pavia, thence to Turin, and finally to
Geneva. His cousin Peter, who lived in Turin, had told him that
during his travels Pécolat had been arrested for plotting against the
bishop. ‘I shall not go and see him,’ he said, ‘for fear of
compromising myself.’ In spite of his excessive precaution, he could
not finally escape the barbarous vengeance of the prelate.142
CHAPTER XI.
BERTHELIER TRIED AT GENEVA; BLANCHET AND NAVIS SEIZED AT TURIN;
(1518.)
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