deed, approved the sentence; but in
regard to that personal interest which I take in the affair, I did not
even deem it proper to subscribe my name."
"I neither ask of you generosity nor favour. But I demand justice of
you for your own sake; you are on the point of committing a crying act
of injustice, and of thereby rending the honourable garland that a long
active life has wound about your brows. Your sentence is not only
against all equity, but against the laws."
"Against the laws? Mr. Doctor, put a guard upon your tongue, that it
may not bring your body into trouble."
"I have heard the murderous story from Tausdorf's servant. Your son was
killed by the accused in his just defence. Does not the penal code of
Charles the Fifth expressly state, that if any one falls upon,
assaults, or strikes another with deadly weapons, and the person so
attacked cannot escape without risk and jeopardy to his body, life,
honour, or good report, he may then peril life and limb in his just
defence without incurring any punishment--and if, moreover, he kills
the aggressor, he is not to be, therefore, deemed guilty, nor is he
bound to delay with his defence till he is struck, although otherwise
against written laws and usages?"
"You have long been known to me as a shrewd advocate," answered Erasmus
with mockery; "but the _Carolina_[3] has not yet been formally
published to us, and above all things the act of self-defence should
have been proved. The mouth of my poor son is shut, the declaration of
the accused and of his servant proves nothing."
"There was also a page of Tausdorf's present; and a woman saw the
battle from the garden-wall. In the testimony of three witnesses
consists truth."
"The witnesses of whom you speak," replied the burgomaster, confused,
"did not present themselves for examination. It was, besides, for the
judges to decide whether their examination was requisite."
"But I think, Mr. Burgomaster, it was for your own honour to seek out
these witnesses, and to defer the execution of the sentence till then,
that it might not be said you wished to destroy the accused from a
wretched spirit of revenge."
"I am weary of your insolence; instantly take yourself out of my four
walls, Mr. Doctor, or I shall give you lodgings in the Hildebrand as a
malcontent and fomenter of discord; they are just now vacant."
"You thrust your better angel from your side," replied Heidenreich
sadly. "I have not spoken out of fav
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