Tales from the German, Comprising specimens from the most celebrated authors

"Terrible and incomprehensible man," said Luther, gazing at him. "When thy sword hath inflicted on the squire the most frightful vengeance that can be conceived, what can induce thee to press for a sentence against him, the sharpness of which, if it should take effect, would inflict a wound of such slight importance?"

Kohlhaas answered, while a tear rolled down his cheek: "Revered sir, the affair has cost me my wife. Kohlhaas would show the world that she fell in the performance of no injustice. Concede to my will on these points, and let the tribunal speak. In every other matter that may come under discussion, I yield."

"Look," said Luther, "what thou askest, supposing circumstances to be such as the general voice reports, is just; and if thou hadst endeavoured, without revenging thyself on thine own account, to lay thine affair before the elector for his decision, I have no doubt that thy request would have been granted, in every point. But all things considered, wouldst thou not have done better, if, for thy Redeemer's sake, thou hadst forgiven the squire, taken the horses, lean and worn-out as they were, mounted them, and ridden home upon them to fatten them in their own stable at Kohlhaasenbrück."

"I might or I might not," answered Kohlhaas, going to the window, "Had I known that I should have to set them up with my own wife's heart's blood, then, reverend sir, I might have done as you say, and not have grudged a bushel of oats. But now they have cost me so dear, the matter, as I think, had better take its course. So let the sentence be passed as is my right, and let the squire feed my horses."

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 Lützen, 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 Lützen. 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 Kohlhaasenbrück?"

"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 foreigner22 – than as a rebel who had taken up arms against the throne.

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 Mühlberg, 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 Kohlhaasenbrück, 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 Lützen, 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 Mühlberg.

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 Lützen, as the elector's property, and after he had sent Waldmann to Kohlhaasenbrück, 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 Lützen, 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 Lützen, 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 Mühlberg, 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 Döbbeln.

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.