"Keep yourselves out of harm's way, good people," cried Tausdorf, turning round his horse: "I am well armed, and have nothing to do with you."

"You have slain the son of our burgomaster, and are therefore forfeited to our criminal law," retorted two of the marshalmen, waving their swords, while the others came up and surrounded the knight.

"Surrender!" exclaimed the chief of them, "that we may not have to use force, by which you are sure to come off worst."

"Not alive!" cried Tausdorf. "I am here in the Furstentein territory, and to the Furstentein tribunal will I surrender myself, that the _Oberlandeshauptmann_ may try me for my deed. To the sentence of the court of Schweidnitz I never will submit."

"By no means," replied the marshal. "Where you have committed the crime, there must you be judged. Therefore, yield yourself immediately, or I'll have you rode down, and the damage is your own."

In the meantime the tumult, the cry of murder, and the loud parley, had brought the peasants of Saltzbrunn thither. They came with poles and spears, and stared at the parties, whom they surrounded.

"Help us to seize the murderer!" cried the marshalman, who had but little inclination to venture on the single man with his whole troop.

"Not at all," replied the village magistrate. "You are here, gentlemen, upon the imperial fief of Saltzbrunn; and, as I understand, the knight is willing to give himself up to our tribunal. That is law, and so it must be. In the meantime I answer for the prisoner till I have informed our gracious mistress, the Lady of Hochberg, and afterwards right will be done to all parties."

"That I should have to dispute thus with a village magistrate about obeying the commands of the council at Schweidnitz!" exclaimed the marshal indignantly. "Peasants, I again warn you to help us seize the murderer, as good and true neighbours. You expose yourselves to a heavy responsibility if he escapes us through your fault; while, on the contrary, I promise you a rich reward for your services from the n.o.ble council."

"Here's an opportunity of gaining something," whispered one peasant to the other; and soon the whole party cried out in chorus, with lifted poles, "Surrender yourself, Sir knight."

"For G.o.d's sake, do not compel me to murder!" said Tausdorf earnestly, and waved his sword.

"Forwards!" commanded the marshal, and rushed with his hors.e.m.e.n upon Tausdorf; who instantly fired his pistol, but the ball only struck one of the horses. The knight now used his sword gallantly, but his enemies were too powerful, and his steed was too much exhausted for him to wheel about amongst them with the skill and tricks of horsemanship.

During this, too, the peasants had come on with courage, and struck at him from a distance with their long poles. The opposition of the honest magistrate was lost, amidst this murderous uproar. At last a pole struck Tausdorf's head: he fell senseless from his horse, and the crowd rushed upon him with rude shouts of scorn and laughter. Bound with disgraceful bonds, they set him upon a horse, and the police returned in triumph with him to Schweidnitz.

In the hour of midnight the council was collected in the senate-house at Schweidnitz. The two tall candles which stood on the table lighted the high and gloomy Sessions'-room but sparingly. The council had collected in single groups, and conversed in low and troubled whispers.

Alone, and with his hands behind his back, as was his custom, paced Erasmus, up and down, slow and silent; but on his old and venerable face the storm of the most violent pa.s.sions was throwing up its waves.

"Tausdorf is just brought in and placed in the Hildebrand," announced the Marshal Clement Kernichen.

"G.o.d be praised!" said Erasmus, with a dreadful look towards heaven, and went to his seat.

"_Ad loca_, gentlemen!" he exclaimed to the counsellors; and when they had taken their places, he said with proud dignity, "The murderer is in our power; it is time, then, for us to do our duty. Let double watches be placed at the door. These will remain closed against every one till justice is satisfied. At the break of day the judges shall hold a criminal court; and as the murdered person was my son, Doctor Jacob Grenwitz will preside in my place. I do not conceal from you, colleagues, that the criminal has a strong party here, and that all the n.o.bles will be on his side. Therefore, that justice may have its course, unchecked of human fears, I herewith declare the town in danger, and the council permanent. The horse-police shall be collectively summoned, and mount guard before the Sessions'-house completely armed; the gens d'armes shall be at their alarm-posts; the various guilds be warned to hold themselves in readiness with their weapons, that they may come forward at the first sound of the alarm-bell. Put all this into execution immediately, Mr. Marshalman, and then return to our sessions to report progress and receive our farther orders."

"G.o.d deliver us! how will all this end?" sighed Kernichen, and left the room; in which a deadly silence prevailed, as each of the council was sufficiently occupied with his own thoughts, and yet hesitated to impart them to another. In the midst of this the city-serjeant, Rudolph, announced Doctor Heidenreich, who wished to speak in private with the burgomaster.

"In the little room by the judges' chamber," said Erasmus, whither he went himself. The doctor was already waiting for him, and by his dress it might be seen that he had just jumped out of bed, and flung them on in a hurry.

"Let my hurry excuse the carelessness of my attire, Mr. Burgomaster; necessity knows no law. A report runs through the town, that Tausdorf has been seized at Saltzbrunn by your servants, and now lies a prisoner in the Hildebrand."

"Such is the truth," replied Erasmus calmly.

"That is a great misfortune for the town," sighed Heidenreich.

"Are you out of your senses? If you have nothing more rational to bring forward, you had better have remained in bed and slept off your wonderful dreams."

"Mr. Burgomaster!" cried Heidenreich firmly, and seized the old man's hand; "you know me for an honest citizen of this town, and a true friend to your family. The last, in particular, I should think I proved to you not very long ago. I, therefore, of all others, may well speak out to you boldly and plainly; and now entreat you, by the ancient honour of your office, do not this time give way to your love of vengeance, however alluring may seem the opportunity."

"What are you dreaming of?" cried Erasmus, tearing away his hand from him. "Do I intend sitting in judgment myself on the murderer of my own son? Doctor Grenwitz will preside, in my place, over the criminal tribunal."

"--Through whose mouth he will only echo your sentence! I must pray you to take off the mask before so old and faithful an acquaintance. You wish to destroy Tausdorf. That you have more than one reason for wishing it is plain to me; that in so doing you will preserve the forms of law is no more than I expect from your prudence; but you are wrong in the main point. The criminal jurisdiction over this man does not belong to the town."

"How! Does not the emperor Wenceslaus' charter of 1384 give us full authority and power to seek, take, judge and execute, with imperial privilege, all offenders, when and in whatever place they may be found, and for whatever offences?"

"The charter applies to thieves and robbers that may be apprehended within your jurisdiction. You cannot apply it to a n.o.bleman and officer of his imperial majesty, whom you have arrested, contrary to all right, in the Furstentein territory, and against the decree of king Wladislaus and the Convention of forty-five."

"Tausdorf is a vagabond Bohemian and adventurer, with whom there is no occasion for using much ceremony."

"By no means, Mr. Burgomaster; I have inquired narrowly into the matter. He is a native Silesian va.s.sal. The father was possessed and settled in the hereditary princ.i.p.ality, and the son is about to purchase an estate in Bogendorf. This affair comes under the jurisdiction of the prince palatine."

"--That he may again do us such excellent justice as in the case of Bieler's murder?--or as in those violent a.s.saults which the n.o.bles, since that time, have indulged in against the citizens? No; once I have given way to the arrogance of the priest, but never again so long as I am burgomaster in Schweidnitz."

"If, then, you could hope to obtain strict justice from the lord bishop, you would leave the farther proceedings to him?"

Erasmus was about to answer at once, but again bethought himself, and said wrathfully, "You are an old fox, with whom one must not use too many words, lest you should turn them into snares. It does not become a counsellor to talk of what he would do if things stood otherwise.

Enough if we know what we have to do '_rebus sic stantibus_.' We owe an account of our proceedings only to the emperor, next under G.o.d; and we will account for them when it is demanded of us, either on earth, or before the Eternal judgment-seat."

"You have spoken a word of deep import, Mr. Burgomaster: G.o.d grant that you may be able one day to stand by it. I would only once again impress this upon you; Tausdorf is universally beloved; all will take part with him and against you; and if you were as right in your proceeding, as, by Heavens! you are wrong, you would still plunge this town into unutterable grief and ruin."

"_Fiat just.i.tia et pereat mundus!_" cried the burgomaster, and left him.

The first gray of morning contended strangely with the yellow light of the candles in the room wherein the judges had a.s.sembled to hold a criminal court. The city serjeant was just leading out Martin Heubert, Tausdorf's boy, whom they had been interrogating, and the town-advocate, Kernicher, entered with Melchior Lange and Paul Reimann, who had been viewing the wounds of the body. The advocate laid before the chief-judge, in silence, the book in which was entered the result of his inquiry. Behind him came Tausdorf in chains, surrounded by gens-d'armes; his face was pale, and his clothes soiled and torn by the violence at Saltzbrunn, but still he bore himself with knightly dignity. The procurator arose and lifted up the accusation of blood against him; and he was summoned once--and again twice--after the ancient custom. Upon this the examination began, and Tausdorf related the unfortunate affair frankly and honestly as it had really happened.

"Francis Friend," he said in conclusion, "enticed me to the place where the misfortune occurred, reviled me, and at last fell upon me with his naked sword. Hereupon I defended myself as a soldier, to save my honour, my body, my life,--and that which then happened I was forced to do. I understand not the law, and therefore be not precipitate, but allow me an advocate to conduct my cause: I will reward him richly."

The chief judge rang his bell. "The procurator, Hans Reimann!" he exclaimed to the serjeant who answered the summons. The latter went out, and the procurator appeared.

"We have given you to the accused as his defender," said the judge.

"Consult with him."

"Your pardon, gentlemen," replied the procurator; "I have no inclination for the task. Francis Friend was always on a good footing with me: and besides, I should not like to plead for a manifest a.s.sa.s.sin."

"The council will be hardly satisfied with this. Such defence belongs to your office, and you cannot refuse it without giving up the office itself. But come with me to the gentlemen of the council; you may have their answer from themselves."

He went away with the procurator. The silence of expectation prevailed through the room. Tausdorf went to the window, leaned upon the breast-work, and, gazing upon the dark gray clouds, which had already received golden edges from the rising sun, he sighed "Althea!"

At last the two returned.

"You submit, then?" said the judge to the procurator, as they retired.

"What one must, one must!" replied the procurator.

Tausdorf went up to him, and said with friendly dignity, "I pray you, sir, conduct my defence truly; I do not understand this matter, and will reward your labour. If the business were the ordering of a battle, I should know better what I was about."

"Say on, then," replied the procurator, gaping: "how am I to defend you?"