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With wise and displeased allusions they recalled the mistake which had been made when, in spite of their urgent and repeated warnings, an amnesty had been granted Kohlhaas, as if those who had been in favor of it had had the deliberate intention of giving to miscreants of all kinds the signal to follow in his footsteps.
The captain in command of the company, Gerstenberg by name, bore himself so badly, however, that the whole expedition, instead of subduing Kohlhaas, rather helped him to a most dangerous military reputation.
Kohlhaas pushed the pen and ink over for him to sign, and when the bailiff, who could not believe his senses, again inquired if he were really in earnest, and the horse-dealer asked, a little sensitively, whether he thought that he was only jesting with him, then took up the pen, though with a very serious face, and wrote.
Only a few days later a placard appeared, the essence of which we give as follows: "We, etc., etc., Elector of Saxony, in especially gracious consideration of the intercession made to us by Doctor Martin Luther, do grant to Michael Kohlhaas, horse-dealer from the territory of Brandenburg, safe-conduct to Dresden for the purpose of a renewed investigation of his case, on condition that, within three days after sight, he lay down the arms to which he has had recourse.
In the mean time Kohlhaas, thanks to the strange position which he had assumed in the world, had in truth increased the numbers of his band to one hundred and nine men, and he had also collected in Jessen a store of weapons with which he had fully armed them.
To complete the ruin of poor Kohlhaas, it was the Lord High Chancellor himself, animated by too great probity, and a consequent hatred of the Tronka family, who helped strengthen and spread this sentiment.
Luther, as well as the council of state, seemed to have confounded. "When," he continued, laying his finger beside his nose, "the judgment concerning the black horses has been pronounced by the Tribunal at Dresden, no matter what it may be, nothing prevents us from imprisoning Kohlhaas on the ground of his incendiarism and robberies.
As they could not refer to Kohlhaas' fatal letter to Nagelschmidt because of the questionable and obscure circumstances under which it had been written, nor mention the former plundering and burning because of the edict in which the same had been pardoned, the Elector determined to lay before the Emperor's Majesty at Vienna a report concerning the armed invasion of Saxony by Kohlhaas, to make complaint concerning the violation of the public peace established by the Emperor, and to solicit His Majesty, since he was of course not bound by any amnesty, to call Kohlhaas to account therefor before the Court Tribunal at Berlin through an attorney of the Empire.
Kohlhaas, who was exulting over the power which was thus afforded him to wound the heel of his enemy mortally at the very moment when it was treading him in the dust, made answer, "Not for the world, grandam, not for the world!" He pressed the old woman's hand warmly and only asked to know what sort of answers to the tremendous questions were contained in the paper.
The worthy Governor, knowing the abominable injustice done him at Tronka Castle as a result of which Herse was lying there before him sick, perhaps never to recover, clapped Kohlhaas on the shoulder and told him not to lose courage, for he would help him secure justice.
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