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 foreigner[[5]]—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.”