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及46准

the crime of sylvestre bonnard(廉略帽蒙,鴬性蟻議恟佩)-及46准


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!!!!隆堋響頼��紗秘慕禰厮宴和肝写偬堋響��






press his strong square hand。 Then we went�察�all four of us�察�into the dining´ 

room�察  �and   while   some   cold   meat   was   being   cut   for   Jeannewhich   she 

never   touched   notwithstandingI   related   our   adventure。   Paul   de   Gabry 

asked me permission to smoke his pipe�察�after which he listened to me in 

silence。 When I had finished my recital he scratched the short�察�stiff beard 

upon his chin�察�and uttered a tremendous ;Sacrebleu� ─�But�察�seeing Jeanne 

stare at each of us in turn�察�with a frightened look in her face�察�he added�此�

     ;We   will   talk   about   this   matter   to´morrow   morning。   Come   into   my 

study for a moment�察�I have an old book to show you that I want you to tell 

me something about。; 

     I   followed   him   into   his   study�察  �where   the   steel   of   guns   and   hunting 

knives�察�suspended against the dark hangings�察�glimmered in the lamp´ light。 

There�察    �pulling    me   down     beside   him    upon    a  leather´covered      sofa�察  �he 

exclaimed�察�

     ;What have you done�拭�Great God� �Do you know what you have done�拭�

Corruption of a minor�察�abduction�察�kidnapping� �You have got yourself into 

a   nice   mess� �You   have   simply   rendered   yourself   liable   to   a   sentence   of 

imprisonment of not less than five nor more than ten years。; 

     ;Mercy on us� ─�I cried�察 �ten years imprisonment for having saved an 

innocent child。; 

     ;That   is   the   law� ─  �answered   Monsieur   de   Gabry。   ;You   see�察  �my   dear 

Monsieur Bonnard�察�I happen to know the Code pretty wellnot because I 

ever studied law as a profession�察�but because�察�as mayor of Lusance�察�I was 

obliged   to   teach   myself   something   about   it   in   order   to   be   able   to   give 

information to my subordinates。 Mouche is a rascal�察�that woman Prefere is 

a   vile   hussy�察  �and   you   are   a。。。Well�   �I   really   cannot   find   a   word   strong 

enough to signify what you are� ─�

     After opening his bookcase�察�where dog´collars�察�riding´whips�察�stirrups�察�

spurs�察  �cigar´boxes�察  �and   a   few   books   of   reference   were   indiscriminately 

stowed away�察�he took out of it a copy of the Code�察�and began to turn over 

the leaves。 

     ;'CRIMES         AND       MISDEMEANOURS'。。。'SEQUESTRATION                            OF 

PERSONS'that   is   not   your   case。。。。   'ABDUCTION   OF   MINORS'here 

we   are。。。。'ARTICLE   354'��'Whosever   shall�察  �either   by   fraud   or   violence�察�



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have abducted or have caused to be abducted any minor or minors�察�or shall 

have enticed them�察�or turned them away from�察�or forcibly removed them�察�

or shall have caused them to be enticed�察�or turned away from or forcibly 

removed   from   the   places   in   which   they   have   been   placed   by   those   to 

whose authority or direction they have been submitted or confided�察�shall 

be liable to the penalty of imprisonment。 See PENAL CODE�察�21 and 28。' 

Here is 21��'The term of imprisonment shall not be less than five years。' 

28。 'The sentence of imprisonment shall be considered as involving a loss 

of civil rights。' Now all that is very plain�察�is it not�察�Monsieur Bonnard�拭─�

     ;Perfectly plain。; 

     ;Now let us go on�此�'ARTICLE 356'��'In case the abductor be under the 

age   of   21   years   at   the   time   of   the   offense�察  �he   shall   only   be   punished 

with'。。。But     we    certainly     cannot    invoke     this   artice   in   your    favour。 

'ARTICLE 357��'��'In case the abductor shall have married the girl by him 

abducted�察�he can only be prosecuted at the insistence of such persons as�察�

according      to  the   Civil  Code�察    �may    have   the   right  to  demand      that  the 

marriage shall be declared null�察�nor can he be condemned until after the 

nullity    of  the   marriage     shall  have    been    pronounced。'     I  do   not   know 

whether it is a part of your plans to marry Mademoiselle Alexandre� �You 

can see that the code is good´ natured about it�察�it leaves you one door of 

escape。 But noI ought not to joke with you�察�because really you have put 

yourself   in   a   very   unfortunate   position� �And   how   could   a   man   like   you 

imagine that here in Paris�察�in the middle of the nineteenth century�察�a young 

girl   can   be   abducted   with   absolute   impunity�拭  �We   are   not   living   in   the 

Middle Ages now�察�and such things are no longer permitted by law。; 

     ;You need   not imagine�察─  �I   replied�察  �that   abduction   was   lawful   under 

the    ancient   Code。    You    will   find   in  Baluze    a  decree    issued    by  King 

Cheldebert   at   Cologne�察  �either  in   593   or   594�察  �on   the   subject�此  �moreoever�察�

everybody   knows   that   the   famous   'Ordonance   de   Blois��'   of   May   1579�察�

formally enacted that any persons convicted of having suborned any son 

or daughter under the age of twenty´five years�察�whether under promise of 

marriage or otherwise�察�without the full knowledge�察�will�察�or consent of the 

father�察  �mother�察  �and   guardians�察  �should   be   punished   with   death�察  �and   the 

ordinance adds�此�'Et pareillement seront punis extraordinairement tous ceux 



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qui auront participe audit rapt�察�et qui auront prete conseil�察�confort�察�et aide 

en     aucune     maniere     que    ce    soit。'  ��And     in   like   manner      shall   be 

extraordinarily       punished      all   persons     whomsoever�察       �who     shall   have 

participated   in   the   said   abduction�察  �and   who   shall   have   given   thereunto 

counsel�察�succor�察�or aid in any manner whatsoever。�� Those are the exact�察�or 

very   nearly   the   exact�察  �terms   of   the   ordinance。 As   for   that   article   of   the 

Code´Napoleon which you have just told me of�察�and which excepts from 

liability to prosecution the abductor who marries the young girl abducted 

by   him�察  �it   reminds   me   that   according   to   the   laws   of   Bretagne�察  �forcible 

abduction�察�followed by marriage�察�was not punished。 But this usage�察�which 

involved various abuses�察�was suppressed in 1720at least I give you the 

date within ten years。 My memory is not very good now�察�and the time is 

long   passed   when   I  could   repeat   by  heart   without   even   stopping   to   take 

breath�察�fifteen hundred verses of Girart de Rousillon。 

     ;As   far   as   regards   the   Capitulary   of   Charlemagne�察  �which   fixes   the 

compensation   for   abduction�察  �I   have   not   mentioned   it   because   I   am   sure 

that   you   must   remember   it。   So�察  �my   dear   Monsieur   de   Gabry�察  �you   see 

abduction   was   considered   as   decidedly   a   punishable   offense   under   the 

three dynasties of Old France。 It is a very great mistake to suppose that the 

Middle Ages represent a period of social chaos。 You must remember�察�on 

the contrary´; 

     Monsieur de Gabry here interrupted me�此�

     ;So�察─�he exclaimed�察 �you know of the Ordonnacne de Blois�察�you know 

Baluze�察 �you   know  Childebert�察 �you   know  the  Capitulariesand  you   don't 

know anything about the Code´Napoleon� ─�

     I replied that�察�as a matter of fact�察�I never had read the Code�察�and he 

looked very much surprised。 

     ;And now do you understand�察─�he asked�察 �the extreme gravity of the 

action you have committed�拭─�

     I had not indeed been yet able to understand it fully。 But little by little�察�

with the aid of Monsieur Paul's very sensible explanations�察�I reached the 

conviction   at   last   that   I   should   not   be   judged   in   regard   to   my   motives�察�

which      were    innocent�察   �but   only    according     to  my    action�察  �which     was 

punishable。 Thereupon I began to feel very despondent�察�and to utter divers 



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lamentations。 

     ;What      am   I  to  do�拭─   �I  cried  out�察   �what    am   I  to  do�拭  �Am     I  then 

irretrievably ruined��and have I also ruined the poor child whom I wanted 

to save�拭─�

     Monsieur de Gabry silently filled his pipe�察�and lighted it so slowly that 

his kind broad face remained for at least three or four minutes glowing red 

behind the light�察�like a blacksmith's in the gleam of his forge´fire。 Then he 

said�察�

     ;You   want   to   know   what   to   do�拭  �Why�察  �don't   do   anything�察  �my   dear 

Monsieur   Bonnard�   �For   God's          sake�察  �and   for   your  own   sake�察  �don't    do 

anything at all� �Your situation is bad enough as it is�察�don't try to meddle 

with it   now�察 �unless   you   want   to create new  difficulties   for  yourself。  But 

you must promi

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