The burgomaster had for a short time betaken himself to his house to give orders for the burial of his son. He had just dismissed the church-servants, and looked from the bow-window of his audience-chamber with silent anguish on the black-mantled undertakers who were carrying out Francis's coffin to the customhouse, where the body still lay, when doctor Heidenreich came in unsummoned. Erasmus received him with angry exclamations.
"So, you will not cease to torment me? I thought that the contested point had been sufficiently discussed between us last night; as to any change, that is past all question now, since the sentence has been pronounced."
"I know it," said Heidenreich, troubled. "You have condemned Tausdorf to the sword!"
"Not I," interrupted Erasmus vehemently; "but the provost's court at Schweidnitz. The council has, indeed, 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."