maintained it for more than two years, was the true Martin Guerre?
There seemed, in fact, to be nothing which could account for such an
attempt being successfully made unless recourse was had to an accusation
of sorcery. The idea of handing him over to the ecclesiastical
authorities was briefly discussed, but proofs were necessary, and the
judges hesitated. It is a principle of justice, which has become a
precept in law, that in cases of uncertainty the accused has the benefit
of the doubt; but at the period of which we are writing, these truths
were far from being acknowledged; guilt was presumed rather than
innocence; and torture, instituted to force confession from those who
could not otherwise be convicted, is only explicable by supposing the
judges convinced of the actual guilt of the accused; for no one would
have thought of subjecting a possibly innocent person to this suffering.
However, notwithstanding this prejudice, which has been handed down to
us by some organs of the public ministry always disposed to assume the
guilt of a suspected person,—notwithstanding this prejudice, the judges
in this case neither ventured to condemn Martin Guerre themselves as an
impostor, nor to demand the intervention of the Church. In this conflict
of contrary testimony, which seemed to reveal the truth only to
immediately obscure it again, in this chaos of arguments and conjectures
which showed flashes of light only to extinguish them in greater
darkness, consideration for the family prevailed. The sincerity of
Bertrande, the future of the children, seemed reasons for proceeding
with extreme caution, and this once admitted, could only yield to
conclusive evidence. Consequently the Parliament adjourned the case,
matters remaining in ‘statu quo’, pending a more exhaustive inquiry.
Meanwhile, the accused, for whom several relations and friends gave
surety, was allowed to be at liberty at Artigues, though remaining under
careful surveillance.
Public-domain text, read in full here on John Shaqi.
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