Part 3

________________________________________________
_ Luther, in the midst of contending thoughts, again returned to his papers, and said that he would himself communicate with the elector on the affair. In the meanwhile he told Kohlhaas to keep himself quiet at the Castle of Luetzen, adding, that if the elector consented to a safe-conduct it should be made known to him by means of placards. "Whether," he added, as Kohlhaas stooped to kiss his hand, "the elector will show mercy instead of justice, I know not, for I understand he has collected an army, and is on the point of seizing thee at the Castle of Luetzen. Nevertheless, as I told thee before, there shall be no want of trouble on my part." Upon this he arose and seemed about to dismiss him. Kohlhaas thought that this intercession was perfectly satisfactory, and Luther was signifying a farewell with his hand, when the former suddenly dropped on his knee before him, and said he had one request deep at heart. At Whitsuntide--a period when he was usually accustomed to take the sacrament--he had not gone to church, on account of his martial expedition, and he begged that Luther would have the kindness to receive his confession without further preparation, and to administer to him the supper of the Lord.

Luther, eyeing him keenly, said after a short reflection: "Yes, Kohlhaas, I will do it. But recollect that the Lord, whose body thou desirest, forgave his enemy. Wilt thou," he added, as Kohlhaas looked confused, "likewise forgive the squire who offended thee, go to the Tronkenburg, set thyself upon thy horses, and ride home to fatten them at Kohlhaasenbrueck?"

"Reverend sir," said Kohlhaas, cooling as he grasped his hand, "Even the Lord did not forgive all his enemies. Let me forgive their highnesses, the two electors, the castellan and the bailiff, the rest of the Von Tronkas, and whoever besides may have injured me in this matter, but let me compel the squire to feed my horses."

Luther, on hearing these words, turned his back upon him with a displeased countenance, and rung the bell. Kohlhaas, as a servant with a light announced himself in the antechamber, rose astounded, and drying his eyes, from the ground, and Luther having again set himself down to his papers, he opened the door to the man who was in vain struggling against, on account of the bolt being drawn. "Show a light," said Luther to the servant, casting a rapid side-glance at the stranger, whereupon the man rather astonished at the visit took down the house key from the wall, and retired to the door, which stood half open, waiting for Kohlhaas to withdraw. "Then," said Kohlhaas, deeply moved, as he took his hat in both hands, "I cannot receive the benefit of a reconciliation as I entreated."

"With thy Redeemer, no!" answered Luther shortly, "With thy sovereign--that, as I told thee, depends upon the success of an endeavour." He then motioned the servant to do as he had been ordered, without further delay. Kohlhaas, with an expression of deep pain, laid both his hands on his heart, followed the man, who lit him down stairs, and disappeared.

On the following morning Luther sent a communication to the Elector of Saxony, in which after giving a severe side-blow to Herrn Henry, and Conrad von Tronka, the cup-bearer and chamberlain, who had, as was notorious, suppressed the complaint, he told him, with that freedom which was peculiar to him, that under such vexatious circumstances nothing was left but to accept the horse-dealer's proposal, and to grant an amnesty on account of the past, that he might renew his suit. Public opinion, he remarked, was completely on the side of this man, and that to a dangerous degree; nay, to such an extent, that even the city of Wittenberg, which he had burned three times, raised a voice in his favour. If his offer were refused it would unquestionably be brought, accompanied by very obnoxious remarks, to the notice of the people, who might easily be so far led away that the state authority could do nothing whatever with the transgressor. He concluded with the observation, that in this case the difficulty of treating with a citizen who had taken up arms must be passed over; that by the conduct towards him the man had been in a certain manner released from his obligation to the state; and that in short, to settle the matter, it would be better to consider him as a foreign person who had invaded the country--which would be in some measure correct, as he was indeed a foreigner[5]--than as a rebel who had taken up arms against the throne.

[Footnote 5: That is a subject of another state, here Brandenburg.]

The elector received this letter just when Prince Christian of Misnia, generalissimo of the empire, and uncle of the Prince Frederic who was defeated at Muehlberg, and still very ill of his wounds, the high chancellor of the tribunal, Count Wrede, Count Kallheim, president of the state-chancery, and the two von Tronkas, the cup-bearer, and the chamberlain, who had both been friends of the elector from his youth, were present in the castle. The chamberlain, who, as a privy counsellor of the elector, conducted private correspondence, with the privilege of using his name and coat of arms, first opened the subject, and after explaining at great length, that on his own authority he would never have set aside the petition which the horse-dealer had presented to the tribunal against his cousin the squire, if he had not been induced by false representations to consider it a mere vexatious and useless affair,--he came to the present state of things. He observed that neither according to divine nor human laws had the horse-dealer any right to take such a monstrous revenge, as he had allowed himself on account of this oversight. He dwelled on the lustre which would fall on the impious head of Kohlhaas, if he were treated as a party lawfully at war, and the dishonour which would result to the sacred person of the elector by such a proceeding appeared to him so great, that he said, with all the fire of eloquence, that he would rather see the decree of the round-headed rebel acted on, and the squire, his cousin, carried off to feed the horses at Kohlhaasenbrueck, than he would see the proposition of Dr. Martin Luther accepted. The high chancellor of the tribunal, half turning to the chamberlain, expressed his regret that such a tender anxiety, as he now showed to clear up this affair to the honour of his sovereign, had not inspired him in the first instance. He pointed out to the elector his objection against the employment of force to carry out a measure which was manifestly unjust; he alluded to the constant increase of the horse-dealer's followers as a most important circumstance, observing that the thread of misdeeds seemed to be spinning itself out to an infinite length, and declared that only an act of absolute justice, which should immediately and without reserve make good the false step that had been taken, could rescue the elector and the government from this hateful affair.

Prince Christian of Misnia, in answer to the elector's question, "what he thought of it," answered, turning respectfully to the high chancellor, that the sentiments which he had just heard filled him with great respect, but that the chancellor did not consider that while he was for helping Kohlhaas to his rights, he was compromising Wittenberg, Leipzig, and the whole of the country, which he had laid waste, in their just claims to restitution or at least to the punishment of the offender. The order of the state had been so completely distorted in the case of this man, that a maxim, taken from the science of law, could scarcely set it right again. Hence he agreed with the opinion of the chamberlain that the measures appointed for such cases should be adopted, that an armed force of sufficient magnitude should be raised, and that the horse-dealer, who had settled himself in the Castle of Luetzen, should be arrested, or, at any rate, that his power should be crushed.

The chamberlain, politely taking from the wall two chairs for the elector and the prince, said he rejoiced that a man of such known integrity and acuteness agreed with him in the means to be employed in arranging this difficult affair. The prince, holding the chair without sitting down, and looking hard at him, observed, that he had no reason to rejoice, since a measure necessarily connected with the one he had recommended, would be to order his arrest, and proceed against him for the misuse of the elector's name. For if necessity required that the veil should be let down before the throne of justice, over a series of iniquities, which kept on indefinitely increasing, and therefore could no more find space to appear at the bar, that was not the case with the first misdeed that was the origin of all. A capital prosecution of the chamberlain would alone authorise the state to crush the horse-dealer, whose cause was notoriously just, and into whose hand had been thrust the sword which he carried.

The elector, whom von Tronka eyed with some confusion as he heard these words, turned round deeply colouring, and approached the window. Count Kallheim, after an awkward pause on all sides, said that in this way they could not get out of the magic circle which encompassed them. With equal right might proceedings be commenced against the prince's nephew, Prince Frederic, since even he, in the singular expedition which he undertook against Kohlhaas had, in many instances, exceeded his instructions; and, therefore, were the inquiry once set on foot about the numerous persons who had occasioned the present difficulty, he must be included in the list, and called to account by the elector for what had taken place at Muehlberg.

The cup-bearer, von Tronka, while the elector with doubtful glances approached his table, then took up the subject, and said, that he could not conceive how the right method of proceeding had escaped men of such wisdom, as those assembled unquestionably were. The horse-dealer, as far as he understood, had promised to dismiss his force if he obtained a free conduct to Dresden, and a renewed investigation of his cause. From this, however, it did not follow, that he was to have an amnesty for his monstrous acts of vengeance; two distinct points which Dr. Luther and the council seemed to have confused. "If," he continued, laying his finger to the side of his nose, "the judgment on account of the horses--no matter which way it goes--is pronounced by the Dresden tribunal, there is nothing to prevent us from arresting Kohlhaas on the ground of his robberies and incendiarism. This would be a prudent stroke of policy, which would unite the views of the statesmen on both sides, and secure the applause of the world and of posterity."

The elector, when the prince and the high chancellor answered this discourse of the cup-bearer merely with an angry glance, and the discussion seemed to be at an end, said that he would by himself reflect on the different opinions he had heard till the next sitting of the council. His heart being very susceptible to friendship, the preliminary measure proposed by the prince had extinguished in him the desire of commencing the expedition against Kohlhaas, for which every preparation had been made. At all events he kept with him the high chancellor, Count Wrede, whose opinion appeared the most feasible; and when this nobleman showed him letters, from which it appeared that the horse-dealer had already acquired a force of four hundred men, and was likely, in a short time, to double and treble it, amid the general discontent which prevailed in the land on account of the chamberlain's irregularities, he resolved without delay to adopt Dr. Luther's advice; he, therefore, entrusted to Count Wrede the whole management of the Kohlhaas affair, and in a few days appeared a placard, the substance of which was as follows:

"We, &c., &c., Elector of Saxony, having especial regard to the intercession of Dr. Martin Luther, do give notice to Michael Kohlhaas, horse-dealer of Brandenburg, that, on condition of his laying down arms, within three days after sight hereof, he shall have free conduct to Dresden, to the end that his cause be tried anew. And if, as is not to be expected, his suit, concerning the horses, shall be rejected by the tribunal at Dresden, then shall he be prosecuted with all the severity of the law for attempting to obtain justice by his own might; but, in the contrary case, mercy instead of justice shall be granted, and a full amnesty shall be given to Kohlhaas and all his troop."

No sooner had Kohlhaas received a copy of this notice, which was posted up all over the country, through the hands of Dr. Luther, than, notwithstanding the conditional manner in which it was worded, he dismissed his whole band with gifts, thanks, and suitable advice. All that he gained by plunder--money, arms, and implements--he gave up to the courts of Luetzen, as the elector's property, and after he had sent Waldmann to Kohlhaasenbrueck, with letters to the farmer, that he might, if possible, re-purchase his farm, and Sternbald to Schwerin to fetch his children, whom he again wished to have with him, he left the Castle of Luetzen, and went to Dresden, unknown, with the rest of his little property, which he held in paper.

It was daybreak, and the whole city was still sleeping, when he knocked at the door of his small tenement in the Pirna suburb, which had been left him through the honesty of the farmer, and told his old servant, Thomas, who had the care of the property, and who opened the door with amazement, that he might go and tell the Prince of Misnia, at the seat of government, that he, Kohlhaas, the horse-dealer, was there. The Prince of Misnia, who, on hearing this announcement, thought it right immediately to inform himself of the relation in which this man stood, found, as he went out with a train of knights and soldiers, that the streets leading to the residence of Kohlhaas were already thronged with an innumerable multitude. The intelligence that the destroying angel was there, who pursued the oppressors of the people with fire and sword, had set all Dresden, city and suburbs, in motion. It was found necessary to bolt the door against the pressure of the anxious multitude, and the youngsters clambered up to the window to see the incendiary, who was at breakfast. As soon as the prince, with the assistance of the guard, who forced a passage for him, had pressed forward into the house, and had entered Kohlhaas's room, he asked him, as he stood half-undressed at a table, "Whether he was Kohlhaas, the horse-dealer?" Whereupon Kohlhaas, taking out of his girdle a pocket-book, with several papers relating to his position, and handing them over, respectfully said, "Yes!" adding that, after dismissing his band, in conformity with the privilege which the elector had granted, he had come to Dresden to bring his suit against Squire Wenzel von Tronka, on account of his black horses. The prince, after a hasty glance, in which he surveyed him from head to foot, and ran over the papers which he found in the pocket-book, heard his explanation of the meaning of a document given by the court at Luetzen, and relating to the deposit in favour of the electoral treasury. Then, having examined him by all sorts of questions about his children, his property, and the sort of life he intended to lead in future, and having thus ascertained that there was no occasion to feel uneasiness on his account, he returned to him his pocket-book and said that there was nothing to impede his suit, and that he might himself apply to Count Wrede, the high chancellor of the tribunal, and commence it immediately. The prince then, after a pause, during which he went to the window and saw, with wonder, the immense multitude before the house, said: "You will be obliged to have a guard for the first days to watch over you here and when you go out!" Kohlhaas cast down his eyes surprised and was silent. "Well, no matter!" said the prince, leaving the window, "whatever happens you will only have yourself to blame." He then moved towards the door with the design of quitting the house. Kohlhaas, who had recovered, said, "Do as you please, gracious prince! Only pledge me your word to remove the guard as soon as I desire it and I have no objection to make against this measure." "That is not worth speaking of," said the prince, who after telling the three soldiers, who were appointed as guards, that the man in whose house they were placed was free, and that when he went out they were merely to follow him for his protection, took leave of the horse-dealer with a condescending wave of the hand and departed.

About noon, Kohlhaas, attended by his three guards, and followed by a countless multitude, who, warned by the police, did him no manner of injury, proceeded to the chancellor's. Count Wrede received him, in his anteroom, with kindness and affability, discoursed with him for two entire hours, and after he had heard the whole course of events from the beginning to the end of the affair, he directed him to a celebrated advocate in the city, who was attached to the court, that he might favourably draw up his complaint. Kohlhaas without further delay went to the advocate's house, and after the complaint was drawn up, which, like the first rejected one, required the punishment of the squire according to law, the restoration of the horses to their former condition, and a compensation both for the damage he had sustained, and for what his servant, Herse, who had fallen at Muehlberg, had suffered (for the benefit of his mother), he again returned home, still followed by the gaping multitude, resolving not to go out of doors any more unless urgent necessity demanded it.

In the meanwhile Squire Wenzel von Tronka was released from his confinement in Wittenberg, and after he had recovered from a dangerous erysipelas in the foot, was peremptorily summoned by the tribunal to appear at Dresden, and answer the complaint of the horse-dealer, Kohlhaas, respecting certain horses, which had been unlawfully detained and spoiled. His relations, the brothers von Tronka, (the chamberlain and the cupbearer,) at whose house he put up, received him with the greatest indignation and contempt; they called him a wretched and worthless person, who brought disgrace on all his family, told him that he would infallibly lose the cause, and bade him prepare to bring the horses, which he would be condemned to feed, amid the general derision of the world. The squire, with a weak trembling voice, said that he was more to be pitied than any one in the world. He swore that he knew but little of the whole cursed business, which had plunged him into calamity, and that the castellan and the bailiff were alone to blame, inasmuch as they had employed the horses in the harvest without the remotest knowledge and wish on his part, and had ruined them by immoderate work in their corn fields. He sat down as he uttered these words, and entreated his relations not to plunge him back again into the illness from which he had recovered, by their reproaches. On the following day, the brothers von Tronka, who possessed property in the neighbourhood of the destroyed Tronkenburg, finding there was nothing else to be done, wrote to their farmers and bailiffs, at their kinsman's request, to obtain information respecting the horses, which had disappeared on the day of the calamity and had not been heard of since. But the whole place having been laid waste, and nearly all the inhabitants having been slaughtered, they could learn no more than that a servant, driven by blows with the flat of the incendiary's sabre, had saved the horses from the burning shed, in which they stood, and that on asking where he was to take them, and what he was to do, he only received from the ruffian a kick for an answer. The gouty old housekeeper, who had fled to Misnia, stated, in writing, that the servant on the morning that followed that dreadful night had gone with the horses to the Brandenburg border.

Nevertheless all inquiries made in that direction proved fruitless, and, indeed, the intelligence did not appear correct, as the squire had no servant whose house was in Brandenburg or even on the road thither. Men from Dresden, who had been at Wilsdruf a few days after the conflagration of the Tronkenburg, said that about the time specified a boy had come there leading two horses by a halter, and that he had left the animals, as they were in a very wretched plight and unable to proceed further, in the cow-shed of a shepherd, who had wished to restore them to good condition. For many reasons it seemed probable enough that these were the horses in question, but the shepherd of Wilsdruf had, according to the account of people who came thence, already sold them to somebody--it was not known to whom; while a third rumour, the originator of which could not be discovered, was to the effect that the horses were dead and had been buried in the pit at Wilsdruf. The brothers von Tronka, who, as might be supposed, considered this turn of affairs the most desirable, seeing they would be relieved by it from the necessity of feeding the horses in their own stable--which they must otherwise have done, as their cousin, the squire, had no stables of his own--nevertheless wished to be thoroughly assured that the circumstances were correctly stated. Accordingly Herr Wenzel von Tronka, in his capacity of feudal lord, wrote to the courts of Wilsdruf, describing very fully the horses which, he said, had been lent to him, and had since, unfortunately, been taken away, and requesting them to try to discover where those animals were stationed, and to desire the present owner, whoever he might be, to deliver them up at the stables of the Chamberlain von Tronka, on an indemnification for all expenses.

In a few days the man, to whom the shepherd of Wilsdruf had sold the horses made his appearance and brought them, lean and tottering, tied to his cart, to the market-place of the city. Unfortunately for Squire Wenzel, and still more so for honest Kohlhaas, this man was the knacker from Doebbeln.

As soon as Wenzel, in the presence of his cousin, the chamberlain, heard an indistinct rumour that a man with two black horses, saved from the flames at the Tronkenburg, had come into the city, they both set off attended by some servants, whom they had hastily gathered together to the castle-yard, where he was, that in case the horses should turn out to be Kohlhaas's they might pay the expenses and take them home. But how surprised were they when they saw a multitude, which increased every moment, attracted by the spectacle, and assembled about the cart to which the horses were fastened. The people were shouting amid peals of laughter, that the horses which had caused the state to totter had come to the knackers. The squire, who had walked round the cart, and saw with confusion the miserable beasts, who looked every moment as if they longed to die, said that these were not the horses which he had taken from Kohlhaas, when the chamberlain casting upon him a look of speechless rage, which, had he been made of iron, would have crushed him, stepped up to the knacker and asked him, as he flung back his mantle and discovered his chain and order, whether these were the horses which had been in the possession of the shepherd of Wilsdruf, and which Squire Wenzel von Tronka, to whom they belonged, had required. The man, who with a pail in his hand, was watering a stout-bodied horse, that drew his cart, said: "Do you mean the black ones?" Taking the bit out of his horse's mouth, and setting down the pail he said that the animals tied to the cart had been sold to him by a swineherd of Hainichen, but where he got them, and whether they came from the Wilsdruf shepherd--that he knew nothing about. The messenger of the Wilsdruf court, he said, as he again took up the pail and rested it against the pole of the cart, had told him that he was to bring them to Dresden to the house of the von Tronkas, but the squire to whom he had been directed was called Conrad. After these words he turned round with the remainder of the water, which the horse had left in the pail, and flung it upon the pavement.

The chamberlain, who amid the gaze of the scoffing multitude could not get a look from the fellow, who continued his work with the most insensible zeal, told him that he was the Squire Conrad von Tronka, but that the horses he had with him belonged to the squire his cousin, that they had come to the Wilsdruf shepherd through a servant who had run away, taking advantage of the fire at the Tronkenburg, and that they originally belonged to the horse-dealer Kohlhaas. He asked the fellow, who stood with outstretched legs and hitched up his breeches, whether he really knew nothing about the matter;--whether the swineherd of Hainichen had not purchased them from the Wilsdruf shepherd (on which circumstance all depended), or from some third party, who might have obtained them from that source.

The man rudely said that he understood not a word that was said, and that whether Peter or Paul or the Wilsdruf shepherd had the horses before the swineherd of Hainichen--it was just the same to him--provided they were not stolen. Upon this he went, with his whip across his broad back, to a neighbouring pot-house to get his breakfast.

The chamberlain, who did not know what in the world he should do with the horses, which the swineherd of Hainichen had, as it seemed, sold to the knacker of Doebbeln, unless indeed they were the horses on which the devil rode through Saxony, asked the squire to put in a word, and when his kinsman, with pale trembling lips, answered that the most advisable plan would be to buy them, whether they belonged to Kohlhaas or not, he wrapped his mantle round him, and not knowing what to do, retired from the crowd, cursing the father and mother who had given him birth. He then called to him Baron von Wenk, one of his acquaintance, who was riding along the street, and resolving not to leave the spot, because the rabble looked at him scoffingly, and with their handkerchiefs before their mouths only seemed to wait for his departure to burst out, he bade him call on Count von Wrede and by his means make Kohlhaas come to inspect the horses.

Now it happened that Kohlhaas, who had been summoned by an officer of the court to give certain explanations as to the surrender of property at Luetzen, was present in the chancellor's room when the baron entered, and while the chancellor with a fretful countenance rose from his chair and motioned the horse-dealer aside, the baron, to whom the person of Kohlhaas was unknown, represented the difficulty in which the von Tronkas were placed. The knacker had come from Doebbeln in accordance with a defective requisition of the Wilsdruf courts, with horses certainly; but their condition was so hopeless that Squire Wenzel could not help feeling a doubt as to their belonging to Kohlhaas. Hence, if they were to be taken from the knacker, in order that their recovery might be attempted, an ocular inspection by Kohlhaas would be necessary in the first instance to clear up the doubt that existed. "Have then the goodness," he concluded, "to fetch the horse-dealer out of his house with a guard, and let him be taken to the market-place where the horses now are."

The chancellor, taking his spectacles from his nose, said that he found himself in a dilemma, since, on the one hand, he did not think the affair could be settled otherwise than by the ocular inspection of Kohlhaas; and, on the other hand, he did not conceive that he, as chancellor, had any right to send Kohlhaas about guarded, wherever the squire's fancy might dictate. He therefore introduced to the baron the horse-dealer, who was standing, behind him; and while he sat down and again put on his spectacles, told him to apply to the man himself. Kohlhaas, who allowed no gesture to show what was passing in his mind, declared that he was quite ready to follow the baron to the market, and inspect the horses, which the knacker had brought to the city. He then, while the baron turned round, confused, again approached the chancellor's table, and took leave of him, having given him from his pocket-book several papers relative to the surrender at Luetzen. The baron, who, with a face red as fire, had retired to the window, likewise took leave of the chancellor, and the two, accompanied by the guards appointed by the Prince of Misnia, proceeded to the palace-yard, accompanied by a multitude of people. Herr Conrad, the chamberlain, who, in spite of the solicitation of several friends on the spot, had maintained his ground among the people against the knacker of Doebbeln, no sooner saw the baron and the horse-dealer, than he approached the latter, and, holding his sword proudly under his arm, asked him if the horses which stood behind the cart were his. The horse-dealer, after modestly turning to the gentleman who questioned him, and whom he did not know, and touching his hat, went up to the knacker's cart, followed by the train of knights. At about twelve paces distance he glanced hastily at the animals, who stood on tottering legs, with their heads bent to the ground, and did not eat the hay which the knacker put before them, and then returning to the chamberlain, exclaimed: "Gracious sir, the man is quite right; the horses which are bound to the cart belong to me." Then looking at the circle around him, he touched his hat once more, and, attended by his guard, again left the spot. The chamberlain had no sooner heard what Kohlhaas said, than he approached the knacker with a hurried step, that made the plume on his helmet shake, flung him a purse full of gold; and while the man, with the purse in his hand, was staring at his money, and was combing back his hair with a leaden comb, he ordered his servant to detach the horses and lead them home. This servant, who, at his master's call, had left a circle of friends and relatives in the crowd, went up to the horses over a large puddle, with a face somewhat crimson. Scarcely, however, had {202} he touched the halter, than his cousin, Master Himboldt, with the words, "You shall not touch that carrion," seized his arm and flung him from the cart. He added, picking his way over the puddle to the chamberlain, who stood dumb with astonishment, that he must get a knacker's boy to perform such an office for him. The chamberlain, who, foaming with rage, gazed for a moment at Himboldt, turned round, and called after the guard over the heads of the knights who were about him. As soon as, by the order of Baron von Wenk, an officer with some electoral troopers had made his appearance from the castle, he desired him, after briefly setting forth the shameful acts of rebellion which the burghers of the city ventured on, instantly to take the ringleader, Master Himboldt, into custody. Then seizing Himboldt by the collar, he accused him of flinging away from the cart the servant who, by his orders, was unbinding the horses, and otherwise ill-using him. Master Himboldt, throwing off the chamberlain with a dexterous twist, said: "Gracious sir, telling a fellow of twenty what he ought to do, is not inciting him to rebellion. Ask him whether, against all usage and propriety, he will meddle with those horses that are tied up to the cart. If he will, after what I have told him--why, be it so! For all that I care, he may flay them on the spot if he pleases." Upon this the chamberlain turned round to the servant, and asked him whether he had any objection to fulfil his commands; namely, to untie Kohlhaas's horses, and take them home. The lad, timidly slinking among the burghers, answered that the horses must be made decent before he could do any thing of the sort; whereupon the chamberlain darted after him, tore off his hat, which bore the badge of his house, trampled it under foot, drew his sword, and hunting the fellow about with furious strokes of the blade, made him at once quit the spot and his service together. "Strike the ruffian to the ground!" shouted Master Himboldt, and while the burghers indignant at the spectacle, combined together and forced away the guard, he knocked down the chamberlain from behind, tore off his mantle, collar, and helmet, twisted the sword out of his hand, and furiously flung it to a distance. In vain did Squire Wenzel, saving himself from the tumult, call on the knights to assist his cousin; before they could advance a step they were dispersed by the pressure of the people, so that the chamberlain, who had hurt his head by the fall, was exposed to all the fury of the mob. Nothing could have saved him but the appearance of a troop of soldiers who happened to be riding by, and whom the officer of the electoral troopers called to his assistance. This officer, after repelling the multitude, seized the enraged Himboldt, who was conducted to prison by some knights, while two friends picked up from the ground the unfortunate chamberlain all covered with blood, and took him home. Such was the unlucky termination of the really well-meant and honest attempt to repair the wrong which had been done to the horse-dealer. The knacker of Doebbeln, whose business was over, and who did not want to stop any longer, tied the horses to a lamp-post as soon as the people began to disperse, and there they stood all day, without any one to care about them--a jest for the loiterers in the street. Indeed, for the want of all other attendance, the police was obliged to take them in hand, and towards night called upon the knacker of Dresden to keep them in the yard before the town till further directions.

This occurrence, though the horse-dealer had really nothing to do with it, awakened among the better and more temperate sort of people, a feeling which was highly unfavourable to his cause. The relation in which he stood to the state was considered quite unsufferable, and both in private houses and in public places, the opinion was expressed, that it would be better to do him a manifest injustice, and again annul the whole affair, than show him justice in such a small matter merely to gratify his mad obstinacy, especially as such justice would only be the reward of his deeds of violence. Even the chancellor himself, to complete the destruction of poor Kohlhaas, with his over-strained notions of justice, and his obvious hatred of the Von Tronka family, contributed to the propagation and confirmation of this view. It was highly improbable that the horses, which were now in the custody of the knacker of Dresden, could be restored to that condition in which they left the stable at Kohlhaasenbrueck, but even suppose art and constant attention could effect as much, the disgrace which under the circumstances fell upon the squire's family was so great, that considering its political importance as one of the first and noblest families in the land, nothing appeared more suitable than to propose a compensation for the horses in money. The chancellor having some days afterwards received a letter from the president Kallheim, who made this proposition in the name of the disabled chamberlain, wrote to Kohlhaas, advising him not to refuse such an offer in case it should be made to him. Nevertheless he returned a short and not very civil answer to the president, in which he requested him to spare him all private commissions of the kind, advising the chamberlain to apply to the horse-dealer himself, whom he described a very honest and modest man. Kohlhaas's resolution was already weakened by the occurrence in the market-place, and following the advice of the chancellor, he only waited for overtures on the part of the squire or his connections readily to meet them with a full pardon for all that had past. But the knights' pride was too sensitive to allow them to make such overtures, and highly indignant at the answer they had received from the chancellor, they showed the letter to the elector, who on the following morning visited the chamberlain as he still lay ill of his wounds in his room. With a weak and plaintive voice, the invalid asked him whether, when he had already risked his life to settle this matter according to his wishes, he should now expose his honour to the censure of the world, and appear with a request for indulgence before a man, who had brought all imaginable shame upon him and his family. The elector having read through the letter, asked Count Kallheim, with some confusion, whether the tribunal would not be justified in taking its ground with Kohlhaas on the circumstance that the horses could not be restored, and then in decreeing a mere compensation in money as if they were dead. The count replied, "Gracious sir, they are dead!--dead in the legal sense of the word, because they have no value, and they will be physically dead before they can be removed from the flayer's yard to the knight's stables."

Upon this the elector putting up the letter, said that he would speak about it to the chancellor, consoled the chamberlain, who arose in his bed and thankfully seized his hand, and after he had told him to take every care of his health, rose very graciously from his chair, and took his leave.

Thus stood matters in Dresden, while another storm still more formidable was gathering over poor Kohlhaas from Luetzen, and the spiteful knights had tact enough to draw down its flashes upon his unlucky head. John Nagelschmidt, one of the men collected by Kohlhaas, and dismissed after the appearance of the amnesty, had thought fit a few weeks afterwards to assemble anew a portion of the rabble who were disposed for any outrage, and to carry on the trade into which Kohlhaas had initiated him on his own account. This worthless fellow, partly to frighten the officers by whom he was pursued, partly to induce the peasantry after the ordinary fashion to take part in his misdeeds, called himself vicegerent to Kohlhaas, and spread a report with the cunning he had learned from his master, that the amnesty had not been kept with many men, who had returned quietly to their homes--nay that Kohlhaas himself, by a shameful violation of faith, had been imprisoned immediately on his arrival at Dresden, and had been consigned to the care of a guard. In placards, quite similar to those of Kohlhaas, he made his band of incendiaries appear as a warlike force, raised solely for the honour of God, with the mission of seeing that the amnesty granted by the elector was properly carried out. The whole affair, as we have already said, had nothing to do with the honour of God, nor with any attachment to Kohlhaas, about whose fate the fellow was totally indifferent, but he merely intended under the protection of devices to burn and plunder with greater impunity. The knights, as soon as the news of this occurrence reached Dresden, could scarcely conceal their joy at the entirely new turn which it gave to the whole affair. With sagacious and dissatisfied side-glances they alluded to the mistake that had been made in granting Kohlhaas the amnesty in spite of all their warnings, just as if for the sake of encouraging rascals of every kind to follow in his steps. Not contented with giving credence to Nagelschmidt's pretext, that he had taken up arms solely for the support and defence of his oppressed master, they plainly expressed their opinion that the whole enterprise was devised by Kohlhaas to intimidate the government, and thus to hurry on the decree and render it completely conformable to his obstinate will. Nay, the cupbearer went so far as to say to a party of hunting squires and courtiers, who, after their meal, had assembled in the elector's anteroom, that the disbanding of the gang of robbers at Luetzen was a mere feint; and while he laughed much at the chancellor's love of justice, he showed from many circumstances clearly combined, that the troop existed now just as much as before, in the woods of the electorate, and merely waited for a signal from the horse-dealer to break out anew with fire and sword. Prince Christian of Misnia, very much displeased at this new turn of affairs, which threatened seriously to sully the fame of his sovereign, immediately went to the castle to see him, and clearly perceiving that it was the interest of the knights to crush Kohlhaas if possible on the ground of new misdeeds, he asked leave to examine him at once. The horse-dealer somewhat surprised, was conducted to the seat of government (Gubernium) by an officer, with his two little boys, Henry and Leopold in his arms, for his man Sternbald had returned the day before with his five children from Mecklenburg, where they had been staying, and thoughts of various kinds, which it would be tedious to unravel, determined him to take with him to the examination the two boys, who, in tears begged to accompany him, as they saw him depart. The prince, after looking kindly at the children, whom Kohlhaas had seated beside him, and asking their names and ages in a friendly manner, disclosed to him the liberties which Nagelschmidt, his former servant, had allowed himself in the valleys of the Erzgebirg, and while he showed him what the fellow called his mandates, requested him to state what he could in his own justification.

Shocked as the horse-dealer was at the scandalous papers, he nevertheless had but little difficulty in the presence of such an upright man as the prince, in showing how groundless were the accusations that had been brought against him. Not only, as he said, was he, under the circumstances, far from requiring any assistance from a third party, to bring his suit to a decision, seeing that it was going on as well as possible, but some letters which he had with him, and which he produced to the prince, plainly showed the impossibility of Nagelschmidt being willing to give him the assistance in question, since shortly before he had disbanded his troop, he had been going to hang the fellow for acts of violence in the flat country. Indeed he had only been saved by the appearance of the electoral amnesty, which had broken off all the connection between them, and they had parted the day after as mortal enemies. Kohlhaas, on his own proposal, which was accepted by the prince, sat down and wrote a letter to Nagelschmidt, in which he called the pretext of supporting the amnesty, granted to him and his troop, and afterwards broken, a shameful and wicked invention; and told him that on arriving at Dresden he was neither arrested nor consigned to a guard, that his suit was proceeding quite according to his wishes, and that he gave him up to the full vengeance of the laws as a warning to the rabble around him for the incendiarisms he had committed in the Erzgebirg, after the publication of the amnesty. At the same time some fragments of the criminal proceedings, which the horse-dealer had set on foot against the man at the Castle of Luetzen, for the misdeeds above alluded to, were subjoined to enlighten the people, as to the good-for-nothing fellow, who had been sentenced to the gallows, and had only been saved by the elector's patent. The prince, satisfied by these acts, calmed Kohlhaas, as to the suspicion which they had been forced to express under the circumstances, assured him that so long as he continued in Dresden, the amnesty granted him should remain unbroken, once more shook hands with the boys, to whom he gave the fruit that was on the table, and dismissed him. The chancellor, who likewise perceived the danger that impended over the horse-dealer, did his utmost to bring the affair to a conclusion before it became entangled and complicated by new events. Strange to say, the cunning knights desired and aimed at the same thing, and instead of tacitly confessing the crime as before, and limiting the opposition to a mitigation of the sentence, they now began with all sorts of chicanery to deny the crime itself. Now they gave out that the horses had merely been kept at the Tronkenburg by the act of the castellan and the bailiff, of which the squire knew little or nothing; now they asserted that the beasts were sick of a violent and dangerous cough immediately after their arrival, appealing to witnesses whom they promised to produce; and when they were beaten out of the field with their arguments by inquiries and explanations, they brought an electoral edict, in which twelve years before, on account of prevailing distemper among cattle, the introduction of horses from Brandenburg into Saxony was prohibited. This was to prove that the squire was not only authorised but actually bound to detain the horses brought by Kohlhaas over the border. Kohlhaas, who in the meanwhile had repurchased his farm of the good farmer at Kohlhaasenbrueck for a small sum, wished, as it appears, for the purpose of finally completing this transaction, to leave Dresden for a few days, and to travel home;--a resolution in which, however, we doubt not the alleged business, important as it might be on account of the winter sowing time, had less part than the wish to examine his situation under circumstances so remarkable and so critical. Reasons of another kind, which we leave to the surmise of every one who knows the secrets of his own heart, might also have operated. He therefore went to the high-chancellor, without the guard, and having the farmer's letters in his hand, stated that if his presence at the court could be dispensed with, as indeed seemed to be the case, he wished to leave the city and go to Brandenburg for eight days or a fortnight, promising to return within that time. The high-chancellor, looking on the ground with a dubious and displeased countenance, said that his presence was now more necessary than ever, since the court, in consequence of the crafty and quibbling objections of the opposite party, would require his explanation in a thousand cases, which had not been foreseen. However, when Kohlhaas referred him to his advocate, who was well acquainted with the merits of the case, and urgently though modestly still adhered to his request, promising to limit his absence to eight days, the high chancellor said, after a pause, as he dismissed him, that he hoped he would obtain passports of Prince Christian of Misnia. Kohlhaas, who perfectly understood the chancellor's countenance, sat down at once confirmed in his resolution, and asked the Prince of Misnia, as chief minister, without assigning any reason, to give him passports to Kohlhaasenbrueck for eight days. To this request he received an official answer, signed by Baron Siegfried von Wenk, governor of the castle, stating that his petition for passports to Kohlhaasenbrueck had been laid before the elector, and that as soon as consent was obtained, they would be forwarded to him. Kohlhaas asked his advocate how it was that this paper was signed by a Baron Siegfried von Wenk, and not by Prince Christian of Misnia, whereupon he was informed that the prince had gone to his estates three days before, and that the affairs of office had been entrusted during his absence, to Baron Siegfried von Wenk, governor of the castle, and cousin to the gentleman who has been previously mentioned.

Kohlhaas, whose heart began to beat uneasily under all these circumstances, waited several days for an answer to his petition which had been brought before the elector with singular prolixity; but a week passed, and another and another, and he had neither got an answer nor had the tribunal come to a decision of his case, definitely as it had been announced. Therefore, on the twelfth day, fully determined to know the disposition of the government towards him, whatever it might be, he sent another pressing application to the ministry for the passport. But how surprised he was, when on the evening of the following day (which had likewise passed away without the expected answer), as he stepped towards the window of his back room, deeply occupied in pondering over his situation, and especially on the amnesty which Dr. Luther had obtained for him, he did not see the guards who had been given him by the Prince of Misnia in the little outhouse which had been assigned as their abode. The old servant Thomas whom he called, and of whom he asked what this meant, answered with a sigh, "Master, all is not as it should be! The soldiers, of whom there are more than usual to-day, dispersed themselves over the whole house as night advanced. Two are standing with spear and shield in the street before the front door, two in the garden at the back door, and two others are lying on a heap of straw in the anteroom, where they say they intend to sleep." Kohlhaas, who changed colour, turned round and said it was just the same to him whether they were there or not, and that as soon as he got to the passage he should set up a light that the soldiers might see.

Under the pretext of emptying a vessel he opened the front shutter and convinced himself that the old man had spoken the truth; for the guard had just been quietly relieved, a measure which never had been thought of before. This ascertained he lay down in his bed, little inclined to sleep, and with his mind thoroughly made up as to what he should do the next day. Nothing on the part of the government was more displeasing to him than the empty show of justice, while, in fact, the amnesty was broken; and in case he was a prisoner, about which there seemed to be no doubt, he wished to compel the government to declare it clearly and without ambiguity. Therefore, at the dawn of the following day, he had his vehicle brought up, and the horses put to it by Sternbald his servant, to go, as he said, to the farmer at Lockewitz, who had spoken to him a few days before at Dresden as an old acquaintance, and had invited him to pay him a visit with his children. The soldiers, who were laying their heads together, and perceived the movements in the house, sent one of their number privily into the town, whereupon in a few minutes an officer of the government appeared, at the head of several men, and went into the opposite house, as if he had something to do there. Kohlhaas who, as he was occupied with dressing his boys, witnessed their movements, and designedly kept his vehicle before the house longer than was necessary, went out with his children, as soon as he saw that the police had completed their preparations, without taking any notice, and telling the soldiers at the door as he passed them, that they need not follow him, he took the boys into the cart, and kissed and consoled the little crying girls, who, in conformity with his orders, remained with the daughter of the old servant. He had scarcely mounted the cart himself, when the officer came up to him with his train from the opposite house, and asked him where he was going. Kohlhaas answering that he was going to see his friend the farmer at Lockewitz, who had some days before invited him into the country with his boys, the officer said that in that case he must wait a few moments, as some horse-soldiers, by the command of the Prince of Misnia, would have to accompany him.

Kohlhaas asked him, smiling from the cart, whether he thought his person would not be safe in the house of a friend, who had invited him to his table for a day. The officer answered pleasantly and cheerfully enough, that the danger was certainly not great, and added that he would find the men by no means burdensome. Kohlhaas replied, seriously, that when he first came to Dresden, the Prince of Misnia had left it quite free to him whether he would avail himself of the guard or not, and when the officer expressed his surprise at this circumstance, and referred to the custom which had prevailed during the whole of Kohlhaas's residence at Dresden, the horse-dealer told him of the occurrence which had led to the appointment of a guard in his house. The officer assured him that the order of the Baron von Wenk, governor of the castle, who was at present head of the police, made the constant guard of his person an imperative duty, and begged him, if it was unpleasant to be so attended, to go to the seat of government himself, and rectify the error which seemed to prevail there. Kohlhaas, darting an expressive look at the officer, and determined either to bend or to break the matter, said that he would do this, descended with a beating heart from the cart, had his children carried into the passage by the servant, and repaired with the officer and his guard to the seat of government, leaving the man with the vehicle in front of the house. It chanced that Baron von Wenk was engaged in the examination of a band of Nagelschmidt's men, which had been captured in the neighbourhood of Leipzig, and had been brought in the evening before, and that these fellows were being questioned on many matters which would willingly have been heard by the knights who were with the baron when the horse-dealer and those who attended him entered the room. The baron no sooner saw him, than he went up to him, while the knights became suddenly silent, and ceased their examination, and asked him what he wanted. _

Read next: Part 4

Read previous: Part 2

Table of content of Michael Kohlhaas


GO TO TOP OF SCREEN

Post your review
Your review will be placed after the table of content of this book