CHAPTER XVIII.

Upon the Rhine, upon the Rhine they cluster, The grapes of juice divine, Which make the soldier's jovial courage muster; O blessed be the Rhine! _Drinking Song._[9]

A cottage or two on the side of the river, beside which were moored one or two fishing-boats, showed the pious Hans had successors in his profession as a boatman. The river, which at a point a little lower was restrained by a chain of islets, expanded more widely, and moved less rapidly, than when it passed these cottages, affording to the ferryman a smoother surface, and a less heavy stream to contend with, although the current was even there too strong to be borne up against, unless the river was in a tranquil state.

On the opposite bank, but a good deal lower than the hamlet which gave name to the ferry, was seated on a small eminence, screened by trees and bushes, the little town of Kirch-hoff. A skiff departing from the left bank was, even on favourable occasions, carried considerably to leeward ere it could attain the opposite side of the deep and full stream of the Rhine, so that its course was oblique towards Kirch-hoff. On the other hand, a boat departing from Kirch-hoff must have great advantage both of wind and oars, in order to land its loading or crew at the Chapel of the Ferry, unless it were under the miraculous influence which carried the image of the Virgin in that direction. The communication, therefore, from the east to the west bank was only maintained by towing boats up the stream, to such a height on the eastern side that the leeway which they made during the voyage across might correspond with the point at which they desired to arrive, and enable them to attain it with ease. Hence it naturally happened that, the passage from Alsace into Suabia being the most easy, the ferry was more used by those who were desirous of entering Germany, than by travellers who came in an opposite direction.

When the elder Philipson had by a glance around him ascertained the situation of the ferry, he said firmly to his son,--"Begone, my dear Arthur, and do what I have commanded thee."

With a heart rent with filial anxiety, the young man obeyed, and took his solitary course towards the cottages, near which the barks were moored, which were occasionally used for fishing, as well as for the purposes of the ferry.

"Your son leaves us?" said Bartholomew to the elder Philipson.

"He does for the present," said his father, "as he has certain inquiries to make in yonder hamlet."

"If they be," answered the guide, "any matters connected with your honour's road, I laud the Saints that I can better answer your inquiries than those ignorant boors, who hardly understand your language."

"If we find that their information needs thy commentary," said Philipson, "we will request it--meanwhile, lead on to the chapel, where my son will join us."

They moved towards the chapel, but with slow steps, each turning his looks aside to the fishing-hamlet; the guide as if striving to see whether the younger traveller was returning towards them, the father anxious to descry, on the broad bosom of the Rhine, a sail unloosed, to waft his son across to that which might be considered as the safer side. But though the looks of both guide and traveller were turned in the direction of the river, their steps carried them towards the chapel, to which the inhabitants, in memory of the founder, had given the title of Hans-Kapelle.

A few trees scattered around gave an agreeable and silvan air to the place; and the chapel, that appeared on a rising ground at some distance from the hamlet, was constructed in a style of pleasing simplicity, which corresponded with the whole scene. Its small size confirmed the tradition that it had originally been merely the hut of a peasant; and the cross of fir-trees, covered with bark, attested the purpose to which it was now dedicated. The chapel and all around it breathed peace and solemn tranquillity, and the deep sound of the mighty river seemed to impose silence on each human voice which might presume to mingle with its awful murmur.

When Philipson arrived in the vicinity, Bartholomew took the advantage afforded by his silence to thunder forth two stanzas to the praise of the Lady of the Ferry, and her faithful worshipper Hans, after which he broke forth into the rapturous exclamation,--"Come hither, ye who fear wreck, here is your safe haven!--Come hither, ye who die of thirst, here is a well of mercy open to you!--Come, those who are weary and far-travelled, this is your place of refreshment!"--And more to the same purpose he might have said, but Philipson sternly imposed silence on him.

"If thy devotion were altogether true," he said, "it would be less clamorous; but it is well to do what is good in itself, even if it is a hypocrite who recommends it.--Let us enter this holy chapel, and pray for a fortunate issue to our precarious travels."

The pardoner caught up the last words.

"Sure was I," he said, "that your worship is too well advised to pass this holy place without imploring the protection and influence of Our Lady of the Ferry. Tarry but a moment until I find the priest who serves the altar, that he may say a mass on your behalf."

Here he was interrupted by the door of the chapel suddenly opening, when an ecclesiastic appeared on the threshold. Philipson instantly knew the Priest of St. Paul's, whom he had seen that morning at La Ferette. Bartholomew also knew him, as it would seem; for his officious hypocritical eloquence failed him in an instant, and he stood before the priest with his arms folded on his breast, like a man who waits for the sentence of condemnation.

"Villain," said the ecclesiastic, regarding the guide with a severe countenance, "dost thou lead a stranger into the houses of the Holy Saints, that thou mayst slay him, and possess thyself of his spoils? But Heaven will no longer bear with thy perfidy. Back, thou wretch, to meet thy brother miscreants, who are hastening hitherward. Tell them thy arts were unavailing, and that the innocent stranger is under MY protection--under my protection, which those who presume to violate will meet with the reward of Archibald de Hagenbach!"

The guide stood quite motionless, while addressed by the priest in a manner equally menacing and authoritative; and no sooner did the latter cease speaking, than, without offering a word either in justification or reply, Bartholomew turned round, and retreated at a hasty pace by the same road which had conducted the traveller to the chapel.

"And do you, worthy Englishman," continued the priest, "enter into this chapel, and perform in safety those devotions, by means of which yonder hypocrite designed to detain you until his brethren in iniquity came up.--But first, wherefore are you alone? I trust naught evil hath befallen your young companion?"

"My son," said Philipson, "crosses the Rhine at yonder ferry, as we had important business to transact on the other side."

As he spoke thus, a light boat, about which two or three peasants had been for some time busy, was seen to push from the shore, and shoot into the stream, to which it was partly compelled to give way, until a sail stretched along the slender yard, and supporting the bark against the current, enabled her to stand obliquely across the river.

"Now, praise be to God!" said Philipson, who was aware that the bark he looked upon must be in the act of carrying his son beyond the reach of the dangers by which he was himself surrounded.

"Amen!" answered the priest, echoing the pious ejaculation of the traveller. "Great reason have you to return thanks to Heaven."

"Of that I am convinced," replied Philipson; "but yet from you I hope to learn the special cause of danger from which I have escaped?"

"This is neither time nor place for such an investigation," answered the Priest of St. Paul's. "It is enough to say, that yonder fellow, well known for his hypocrisy and his crimes, was present when the young Switzer, Sigismund, reclaimed from the executioner the treasure of which you were robbed by Hagenbach. Thus Bartholomew's avarice was awakened. He undertook to be your guide to Strasburg, with the criminal intent of detaining you by the way till a party came up, against whose numbers resistance would have been in vain. But his purpose has been anticipated.--And now, ere giving vent to other worldly thoughts, whether of hope or fear--to the chapel, sir, and join in orisons to Him who hath been your aid, and to those who have interceded with him in your behalf."

Philipson entered the chapel with his guide, and joined in returning thanks to Heaven, and the tutelary power of the spot, for the escape which had been vouchsafed to him.

When this duty had been performed, Philipson intimated his purpose of resuming his journey, to which the Black Priest replied, "That far from delaying him in a place so dangerous, he would himself accompany him for some part of the journey, since he also was bound to the presence of the Duke of Burgundy."

"You, my father!--you!" said the merchant, with some astonishment.

"And wherefore surprised?" answered the priest. "Is it so strange that one of my order should visit a prince's court? Believe me, there are but too many of them to be found there."

"I do not speak with reference to your order," answered Philipson, "but in regard of the part which you have this day acted, in abetting the execution of Archibald de Hagenbach. Know you so little of the fiery Duke of Burgundy as to imagine you can dally with his resentment with more safety than you would pull the mane of a sleeping lion?"

"I know his mood well," said the priest; "and it is not to excuse but to defend the death of De Hagenbach that I go to his presence. The Duke may execute his serfs and bondsmen at his pleasure, but there is a spell upon my life which is proof to all his power. But let me retort the question--You, Sir Englishman, knowing the conditions of the Duke so well--you, so lately the guest and travelling companion of the most unwelcome visitors who could approach him--you, implicated, in appearance at least, in the uproar at La Ferette--what chance is there of your escaping his vengeance? and wherefore will you throw yourself wantonly within his power?"

"Worthy father," said the merchant, "let each of us, without offence to the other, keep his own secret. I have, indeed, no spell to secure me from the Duke's resentment--I have limbs to suffer torture and imprisonment, and property which may be seized and confiscated. But I have had in former days many dealings with the Duke; I may even say I have laid him under obligations, and hope my interest with him may in consequence be sufficient, not only to save me from the consequences of this day's procedure, but be of some avail to my friend the Landamman."

"But if you are in reality bound to the court of Burgundy as a merchant," said the priest, "where are the wares in which you traffic? Have you no merchandise save that which you carry on your person? I heard of a sumpter-horse with baggage. Has yonder villain deprived you of it?"

This was a trying question to Philipson, who, anxious about the separation from his son, had given no direction whether the baggage should remain with himself, or should be transported to the other side of the Rhine. He was, therefore, taken at advantage by the priest's inquiry, to which he answered with some incoherence,--"I believe my baggage is in the hamlet--that is, unless my son has taken it across the Rhine with him."

"That we will soon learn," answered the priest.

Here a novice appeared from the vestiary of the chapel at his call, and received commands to inquire at the hamlet whether Philipson's bales, with the horse which transported them, had been left there, or ferried over along with his son.

The novice, being absent a few minutes, presently returned with the baggage-horse, which, with its burden, Arthur, from regard to his father's accommodation, had left on the western side of the river. The priest looked on attentively, while the elder Philipson, mounting his own horse, and taking the rein of the other in his hand, bade the Black Priest adieu in these words,--"And now, father, farewell! I must pass on with my bales, since there is little wisdom in travelling with them after nightfall, else would I gladly suit my pace, with your permission, so as to share the way with you."

"If it is your obliging purpose to do so, as indeed I was about to propose," said the priest, "know I will be no stay to your journey. I have here a good horse; and Melchior, who must otherwise have gone on foot, may ride upon your sumpter-horse. I the rather propose this course, as it will be rash for you to travel by night. I can conduct you to an hostelry about five miles off, which we may reach with sufficient daylight, and where you will be lodged safely for your reckoning."

The English merchant hesitated a moment. He had no fancy for any new companion on the road, and although the countenance of the priest was rather handsome, considering his years, yet the expression was such as by no means invited confidence. On the contrary, there was something mysterious and gloomy which clouded his brow, though it was a lofty one, and a similar expression gleamed in his cold grey eye, and intimated severity and even harshness of disposition. But notwithstanding this repulsive circumstance, the priest had lately rendered Philipson a considerable service, by detecting the treachery of his hypocritical guide, and the merchant was not a man to be startled from his course by any imaginary prepossessions against the looks or manners of any one, or apprehensions of machinations against himself. He only revolved in his mind the singularity attending his destiny, which, while it was necessary for him to appear before the Duke of Burgundy in the most conciliatory manner, seemed to force upon him the adoption of companions who must needs be obnoxious to that prince; and such, he was too well aware, must be the case with the Priest of St. Paul's. Having reflected for an instant, he courteously accepted the offer of the priest to guide him to some place of rest and entertainment, which must be absolutely necessary for his horse before he reached Strasburg, even if he himself could have dispensed with it.

The party being thus arranged, the novice brought forth the priest's steed, which he mounted with grace and agility, and the neophyte, being probably the same whom Arthur had represented during his escape from La Ferette, took charge, at his master's command, of the baggage-horse of the Englishman; and crossing himself, with a humble inclination of his head, as the priest passed him, he fell into the rear, and seemed to pass the time, like the false brother Bartholomew, in telling his beads, with an earnestness which had perhaps more of affected than of real piety. The Black Priest of St. Paul's, to judge by the glance which he cast upon his novice, seemed to disdain the formality of the young man's devotion. He rode upon a strong black horse, more like a warrior's charger than the ambling palfrey of a priest, and the manner in which he managed him was entirely devoid of awkwardness and timidity. His pride, whatever was its character, was not certainly of a kind altogether professional, but had its origin in other swelling thoughts which arose in his mind, to mingle with and enhance the self-consequence of a powerful ecclesiastic.

As Philipson looked on his companion from time to time, his scrutinising glance was returned by a haughty smile, which seemed to say, "You may gaze on my form and features, but you cannot penetrate my mystery."

The looks of Philipson, which were never known to sink before mortal man, seemed to retort, with equal haughtiness, "Nor shall you, proud priest, know that you are now in company with one whose secret is far more important than thine own can be."

At length the priest made some advance towards conversation, by allusion to the footing upon which, by a mutual understanding, they seemed to have placed their intercourse.

"We travel then," he said, "like two powerful enchanters, each conscious of his own high and secret purpose; each in his own chariot of clouds, and neither imparting to his companion the direction or purpose of his journey."

"Excuse me, father," answered Philipson; "I have neither asked your purpose, nor concealed my own, so far as it concerns you. I repeat, I am bound to the presence of the Duke of Burgundy, and my object, like that of any other merchant, is to dispose of my wares to advantage."

"Doubtless, it would seem so," said the Black Priest, "from the extreme attention to your merchandise, which you showed not above half an hour since, when you knew not whether your bales had crossed the river with your son, or were remaining in your own charge. Are English merchants usually so indifferent to the sources of their traffic?"

"When their lives are in danger," said Philipson, "they are sometimes negligent of their fortune."

"It is well," replied the priest, and again resumed his solitary musings; until another half-hour's travelling brought them to a _dorf_, or village, which the Black Priest informed Philipson was that where he proposed to stop for the night.

"The novice," he said, "will show you the inn, which is of good reputation, and where you may lodge with safety. For me, I have to visit a penitent in this village who desires my ghostly offices;--perhaps I may see you again this evening, perhaps not till the next morning;--at any rate, adieu for the present."

So saying, the priest stopped his horse, while the novice, coming close up to Philipson's side, conducted him onward through the narrow street of the village, whilst the windows exhibited here and there a twinkling gleam, announcing that the hour of darkness was arrived. Finally, he led the Englishman through an archway into a sort of courtyard, where there stood a car or two of a particular shape, used occasionally by women when they travel, and some other vehicles of the same kind. Here the young man threw himself from the sumpter-horse, and placing the rein in Philipson's hand, disappeared in the increasing darkness, after pointing to a large but dilapidated building, along the front of which not a spark of light was to be discovered from any of the narrow and numerous windows, which were dimly visible in the twilight.

FOOTNOTE:

[9] This is one of the best and most popular of the German ditties:--

"Am Rhein, am Rhein, da wachsen unsere Reben, Gesegnet sei der Rhein," &c.

AUTHOR'S NOTES.

Note I. p. 300.

There is abundant evidence that in the Middle Ages the office of public executioner was esteemed highly honourable all over Germany. It still is, in such parts of that country as retain the old custom of execution by stroke of sword, very far from being held discreditable to the extent to which we carry our feelings on the subject, and which exposed the magistrates of a Scotch town, I rather think no less a one than Glasgow, to a good deal of ridicule when they advertised, some few years ago, on occasion of the death of their hangman, that "none but persons of respectable character" need apply for the vacant situation. At this day in China, in Persia, and probably in other Oriental kingdoms, the Chief Executioner is one of the great officers of state, and is as proud of the emblem of his fatal duty as any European Lord Chamberlain of his Golden Key.

The circumstances of the strange trial and execution of the Knight of Hagenbach are detailed minutely by M. de Barante, from contemporary MS. documents; and the reader will be gratified with a specimen of that writer's narrative. A translation is also given for the benefit of many of my kind readers.

"De toutes parts on était accourus par milliers pour assister au procès de ce cruel gouverneur, tant la haine était grande contre lui. De sa prison, il entendait retentir sur le pont le pas des chevaux, et s'enquérait à son geôlier de ceux qui arrivaient: soit pour être ses juges, soit pour être témoins de son supplice. Parfois le geôlier répondait, 'Ce sont des étrangers; je ne les connais pas.' 'Ne sont-ce pas,' disait le prisonnier, 'des gens assez mal vêtus, de haute taille, de forte apparence, montés sur des chevaux aux courtes oreilles?' et si le geôlier répondait: 'Oui.'--'Ah ce sont les Suisses,' s'écriait Hagenbach; 'Mon Dieu, ayez pitié de moi!' et il se rappelait toutes les insultes qu'il leur avait faites, toutes ses insolences envers eux. Il pensait, mais trop tard, que c'était leur alliance avec la maison d'Autriche qui était cause de sa perte. Le 4 Mai, 1474, après avoir été mis à la question, il fut, à la diligence d'Hermann d'Eptingen, gouverneur pour l'archiduc, amené devant ses juges, sur la place publique de Brisach. Sa contenance était ferme et d'un homme qui ne craint pas la mort. Henri Iselin de Bâle porta la parole au nom d'Hermann d'Eptingen, agissant pour le seigneur du pays. Il parla à peu près en ces termes: 'Pierre de Hagenbach, chevalier, maître d'hôtel de Monseigneur le Duc de Bourgogne, et son gouverneur dans le pays de Sératte et Haute Alsace, aurait dû respecter les privilèges reservés par l'acte d'engagement; mais il n'a pas moins frotté aux pieds les lois de Dieu et des hommes, que les droits jurés et garantis au pays. Il a fait mettre à mort sans jugement quatre honnêtes bourgeois de Sératte; il a depouillé la ville de Brisach de sa juridiction, et y a établi juges et consuls de son choix; il a rompu et dispersé les communautés de la bourgeoisie et des métiers; il a levé des impôts par sa seule volonté; il a, contre toutes les lois, logé chez les habitans des gens de guerre--Lombards, Français, Picards, ou Flamands; et a favorisé leur désordres et pillages. Il leur a même commandé d'égorger leurs hôtes durant la nuit, et avait fait préparer, pour y embarquer les femmes et les enfans, des bateaux qui devaient être submergés dans le Rhin. Enfin, lors même qu'il rejetterait de telles cruautés sur les ordres qu'il a reçus, comment pourrait il s'excuser d'avoir fait violence et outrage à l'honneur de tant de filles et femmes, et même de saintes religieuses?'

"D'autres accusations furent portées dans les interrogatoires; et des témoins attestèrent les violences faites aux gens de Mulhausen et aux marchands de Bâle.

"Pour suivre toutes les formes de la justice, on avait donné un avocat à l'accusé. 'Messire Pierre de Hagenbach,' dit-il, 'ne reconnaît d'autre juge et d'autre seigneur que Monseigneur le Duc de Bourgogne, dont il avait commission, et recevait les commandemens. Il n'avait nul droit de contrôler les ordres qu'il était chargé d'exécuter; et son devoir était d'obéir. Ne sait-on pas quelle soumission les gens de guerre doivent à leur seigneur et maître? Croit-on que le landvogt de Monseigneur le Duc eût à lui remontrer et à lui résister? Et monseigneur n'a-t-il pas ensuite, par sa présence, confirmé et ratifié tout ce qui avait été fait en son nom? Si des impôts ont été demandés, c'est qu'il avait besoin d'argent. Pour les recueillir, il a bien fallu punir ceux qui se refusaient à payer. C'est ce que Monseigneur le Duc, et même l'empereur, quand ils sont venus, ont reconnu nécessaire. Le logement des gens de guerre était aussi la suite des ordres du Duc. Quant à la juridiction de Brisach; le landvogt pouvait-il souffrir cette résistance? Enfin, dans une affaire si grave, où il y va de la vie, convient-il de produire comme un véritable grief, le dernier dont a parlé l'accusateur? Parmi ceux qui écoutent, y en a-t-il un seul qui puisse se vanter de ne pas avoir saisi les occasions de se divertir? N'est-il pas clair que Messire de Hagenbach a seulement profité de la bonne volonté de quelques femmes ou filles; ou, pour mettre les choses au pis, qu'il n'a exercé d'autre contrainte envers elles qu'au moyen de son bon argent?'

"Les juges siégèrent long temps sur leur tribunal. Douze heures entières passèrent sans que l'affaire fût terminée. Le Sire de Hagenbach, toujours ferme et calme, n'allégua d'autres défenses, d'autres excuses, que celles qu'il avait donné déjà sous la torture--les ordres et la volonté de son seigneur, qui était son seul juge, et le seul qui pût lui demander compte.

"Enfin, à sept heures du soir, à la clarté des flambeaux, les juges, après avoir déclaré qu'à eux appartenait le droit de prononcer sur les crimes imputés au landvogt, le firent rappeler; et rendirent leur sentence qui le condamna à mort. Il ne s'émeut pas davantage; et demanda pour toute grace d'avoir seulement la tête tranchée. Huit bourreaux des diverses villes se présentèrent pour exécuter l'arrêt. Celui de Colmar, qui passait pour le plus adroit, fut préféré. Avant de le conduire à l'échafaud, les seize chevaliers qui faisaient partie des juges requirent que Messire de Hagenbach fût dégradé de sa dignité de chevalier et de tous ses honneurs. Pour lors s'avança Gaspard Hurter, héraut de l'empereur; et il dit: 'Pierre de Hagenbach, il me déplaît grandement que vous ayez si mal employé votre vie mortelle: de sorte qu'il convient que vous perdiez non-seulement la dignité et ordre de chevalerie, mais aussi la vie. Votre devoir était de rendre la justice, de protéger la veuve et l'orphelin; de respecter les femmes et les filles, d'honorer les saints prêtres; de vous opposer à toute injuste violence; et, au contraire, vous avez commis tout ce que vous deviez empêcher. Ayant ainsi forfait au noble ordre de chevalerie, et aux sermens que vous aviez jurés, les chevaliers ici présens m'ont enjoint de vous en ôter les insignes. Ne les voyant pas sur vous en ce moment, je vous proclame indigne chevalier de Saint George, au nom et à l'honneur duquel on vous avait autrefois honoré de l'ordre de chevalerie.' Puis s'avança Hermann d'Eptingen: 'Puis qu'on vient de te dégrader de chevalerie, je te dépouille de ton collier, chaîne d'or, anneau, poignard, éperon, gantelet.' Il les lui prit et lui en frappa le visage, et ajouta: 'Chevaliers, et vous qui désirez le devenir, j'espère que cette punition publique vous servira d'exemple, et que vous vivrez dans la crainte de Dieu, noblement et vaillamment, selon la dignité de la chevalerie et l'honneur de votre nom.' Enfin, le prévôt d'Einsilheim et maréchal de cette commission de juges se leva, et s'adressant au bourreau, lui dit: 'Faites selon la justice.'

"Tous les juges montèrent à cheval ainsi qu'Hermann d'Eptingen. Au milieu d'eux marchait Pierre de Hagenbach, entre deux prêtres. C'était pendant la nuit. Des torches éclairaient la marche; une foule immense se pressait autour de ce triste cortège. Le condamné s'entretenait avec son confesseur d'un air pieux et recueilli, mais ferme; se recommandant aussi aux prières de tous ceux qui l'entouraient. Arrivé dans une prairie devant la porte de la ville, il monta sur l'échafaud d'un pas assuré; puis élevant la voix:--

"'Je n'ai pas peur de la mort,' dit-il; 'encore que je ne l'attendisse pas de cette sorte, mais bien les armes à la main; que je plains c'est tout le sang que le mien fera couler. Monseigneur ne laissera point ce jour sans vengeance pour moi. Je ne regrette ni ma vie, ni mon corps. J'étais homme--priez pour moi.' Il s'entretint encore un instant avec son confesseur, présenta la tête et reçut le coup."--M. DE BARANTE, tom. x. p. 197.

TRANSLATION.

"Such was the detestation in which this cruel governor was held, that multitudes flocked in from all quarters to be present at his trial. He heard from his prison the bridge re-echo with the tread of horses, and would ask of his jailer respecting those who were arriving, whether they might be his judges, or those desirous of witnessing his punishment. Sometimes the jailer would answer, 'These are strangers whom I know not.'--'Are not they,' said the prisoner, 'men meanly clad, tall in stature, and of bold mien, mounted on short-eared horses?' And if the jailer answered in the affirmative, 'Ah, these are the Swiss,' cried Hagenbach. 'My God, have mercy on me!' and he recalled to mind all the insults and cruelties he had heaped upon them. He considered, but too late, that their alliance with the house of Austria had been his destruction.

"On the 4th of May, 1474, after being put to the torture, he was brought before his judges in the public square of Brisach, at the instance of Hermann d'Eptingen, who governed for the Archduke. His countenance was firm, as one who fears not death. Henry Iselin of Bâle first spoke in the name of Hermann d'Eptingen, who acted for the lord of the country. He proceeded in nearly these terms:--'Peter de Hagenbach, knight, steward of my lord the Duke of Burgundy, and his governor in the country of Seratte and Haute Alsace, was bound to observe the privileges reserved by act of compact, but he has alike trampled under foot the laws of God and man, and the rights which have been guaranteed by oath to the country. He has caused four worshipful burgesses of Seratte to be put to death without trial; he has spoiled the city of Brisach, and established there judges and consuls chosen by himself; he has broken and dispersed the various communities of burghers and craftsmen; he has levied imposts of his own will; contrary to every law, he has quartered upon the inhabitants soldiers of various countries, Lombards, French, men of Picardy and Flemings, and has encouraged them in pillage and disorder; he has even commanded these men to butcher their hosts during night, and had caused boats to be prepared to embark therein women and children to be sunk in the Rhine. Finally, should he plead the orders which he had received as an excuse for these cruelties, how can he clear himself of having dishonoured so many women and maidens, even those under religious vows?'

"Other accusations were brought against him by examination, and witnesses proved outrages committed on the people of Mulhausen, and the merchants of Bâle.

"That every form of justice might be observed, an advocate was appointed to defend the accused. 'Messire Peter de Hagenbach,' said he, 'recognises no other judge or master than my lord the Duke of Burgundy, whose commission he bore and whose orders he received. He had no control over the orders he was charged to execute;--his duty was to obey. Who is ignorant of the submission due by military retainers to their lord and master? Can any one believe that the landvogt of my lord the Duke could remonstrate with or resist him? And has not my lord confirmed and ratified by his presence all acts done in his name? If imposts have been levied, it was because he had need of money; to obtain it, it was necessary to punish those who refused payment: this proceeding my lord the Duke, and the Emperor himself, when present, have considered as expedient. The quartering of soldiers was also in accordance with the orders of the Duke. With respect to the jurisdiction of Brisach, could the landvogt permit any resistance from that quarter? To conclude, in so serious an affair,--one which touches the life of the prisoner,--can the last accusation be really considered a grievance? Among all those who hear me, is there one man who can say he has never committed similar imprudences? Is it not evident that Messire de Hagenbach has only taken advantage of the good-will of some girls and women, or, at the worst, that his money was the only restraint imposed upon them?'

"The judges sat for a long time on the tribunal. Twelve hours elapsed before the termination of the trial. The Knight of Hagenbach, always calm and undaunted, brought forward no other defence or excuse than what he had before given when under the torture; viz. the orders and will of his lord, who alone was his judge, and who alone could demand an explanation. At length, at seven in the evening, and by the light of torches, the judges, after having declared it their province to pronounce judgment on the crimes of which the landvogt was accused, caused him to be called before them, and delivered their sentence condemning him to death. He betrayed no emotion, and only demanded as a favour, that he should be beheaded. Eight executioners of various towns presented themselves to execute the sentence; the one belonging to Colmar, who was accounted the most expert, was preferred.

"Before conducting him to the scaffold, the sixteen knights, who acted as judges, required that Messire de Hagenbach should be degraded from the dignity of knight, and from all his honours. Then advanced Gaspar Hurter, herald of the Emperor, and said:--'Peter de Hagenbach, I deeply deplore that you have so employed your mortal life, that you must lose not only the dignity and honour of knighthood, but your life also. Your duty was to render justice, to protect the widow and orphan, to respect women and maidens, to honour the holy priests, to oppose every unjust outrage: but you have yourself committed what you ought to have opposed in others. Having broken, therefore, the oaths which you have sworn, and having forfeited the noble order of knighthood, the knights here present have enjoined me to deprive you of its insignia. Not perceiving them on your person at this moment, I proclaim you unworthy Knight of St. George, in whose name and honour you were formerly admitted in the order of knighthood.' Then Hermann d'Eptingen advanced. 'Since you are degraded from knighthood, I deprive you of your collar, gold chain, ring, poniard, spur, and gauntlet.' He then took them from him, and, striking him on the face, added:--'Knights, and you who aspire to that honour, I trust this public punishment will serve as an example to you, and that you will live in the fear of God, nobly and valiantly, in accordance with the dignity of knighthood, and the honour of your name.' At last the provost of Einselheim, and marshal of that commission of judges, arose, and addressing himself to the executioner,--'Let justice be done.'

"All the judges, along with Hermann d'Eptingen, mounted on horseback; in the midst of them walked Peter de Hagenbach between two priests. It was night, and they marched by the light of torches; an immense crowd pressed around this sad procession. The prisoner conversed with his confessor, with pious, collected, and firm demeanour, recommending himself to the prayers of the spectators. On arriving at a meadow without the gate of the town, he mounted the scaffold with a firm step, and elevating his voice, exclaimed:--

"'I fear not death, I have always expected it; not, indeed, in this manner, but with arms in my hand. I regret alone the blood which mine will cause to be shed; my lord will not permit this day to pass unavenged. I regret neither my life nor body. I was a man--pray for me!' He conversed an instant more with his confessor, presented his head, and received the blow."--M. DE BARANTE, tom. x. p. 197.

EDITOR'S NOTES.

(_a_) p. 3. Laupen and Sempach. The former battle was fought in 1339, and resulted in a triumph of the city of Berne over the neighbouring _noblesse_. Sempach (July 9, 1386) was the famous victory of Uri, Schwyz, Unterwalden, and Lucerne over a much larger force of Austrian chivalry. Leopold III. and Arnold von Winkelried fell in this action.

(_b_) p. 6. "A large body of whom had long since invaded the Forest Cantons." This foray was called the English, or Gugler, war (1374-75). Enguerrand (Ingelram) de Coucy, husband of Isabella, daughter of Edward III., was endeavouring to gain some towns in the Aargau, which he claimed through his mother, Catherine, daughter of Leopold III., who fell at Sempach in 1386. Many Englishmen served under Enguerrand: they were routed in the Entlibuch, in 1375, by the men of Lucerne, Schwyz, Berne, and Unterwalden.

(_c_) p. 65. "The war of Zurich." Civil war, mainly arising from the conquests and ambitions of the Cantons, broke out in 1436, and, with intervals, lasted till 1450. Zurich renounced the Hapsburg alliance, and most of her lost lands were restored by her opponents, the Confederates.

(_d_) p. 86. "The Chapel of St. Jacob." Zurich was defeated at St. Jacob, on the Sihl, in 1443. There was also a battle near the Leper hospital of St. Jacob on the Birs, on August 26, 1444.

(_e_) p. 100. "_Usum non habeo._" The reference, of course, is to David's refusal of armour before his duel with Goliath.

(_f_) p. 113. "The Duke of Burgundy's possessions in Alsatian territory." A history of these complex matters cannot be written in a note to a romance. The reader who is anxious for information may consult Mr. Kirk's "Charles the Bold," vol. ii. book iv. ch. iv. (London, 1863). Mr. Kirk supplies an interesting defence of Hagenbach, and does not believe in a spontaneous popular insurrection, caused by his tyranny. The intrigues of Louis XI. receive the credit, or discredit, of the whole affair, which culminated in the ruin of Burgundy. The Swiss declared war "simply as the strong, intelligent, hired bravoes of a foreign potentate, too weak, too timid, or too crafty to strike with his own hand."

(_g_) p. 214. "Double gangers." This is the appearance described and criticised by Mr. Kirk in his "Secret Commonwealth" (1691) as "The Co-Walker." The learned author explains that we have all our spiritual shadows in the "Secret Commonwealth": it is these which are sometimes seen when the real human being is not present. The end of the "Co-Walker" is that he "goes to his own herd." Goethe is said to have seen his own co-walker, and the same experience occurred to a living person of the Editor's acquaintance, in the open air, where no mirror could account for the hallucination. Even the sceptical Lucretius admits the existence of such apparitions, which he explains by what Kirk calls "exuvious fumes." The passage is not very intelligible, because the author's ideas were not very distinct.

(_h_) p. 299. "A tall man, attired in red." The headsman was, in fact, "a short man with a short sword," the executioner of Colmar (Kirk, "Charles the Bold," ii. 240). Hagenbach was racked four times before his death. "Schilling confesses that a general sympathy was excited by Hagenbach's Christian-like demeanour." His real name was Peter. Mr. Kirk endeavours to "whitewash" Hagenbach. As that unfortunate hero had "a gaunt countenance deeply caved between the jaw-bones, and restless searching blood-shot eyes" ("Vitæ SS. Gervasii et Prothasii," 1506), we may presume that his character was unamiable.

ANDREW LANG.

_May 1894._

GLOSSARY.

=Abye=, to pay the penalty of, to atone for.

=Aigrette=, a plume of feathers.

=Alembic=, an old chemical apparatus or vessel, used for distilling.

=Astucious=, astute, shrewd, cunning.

=Baaren-hauter=, a nickname for a German private soldier.

=Ban-dog=, a large fierce dog.

=Banneret=, a standard-bearer.

=Banquette=, the walk behind the parapet of a fortress.

=Barbican=, the outwork defending the gate of a fortress.

=Bartizan=, a small overhanging turret or projecting parapet.

=Brache=, a kind of sporting dog.

=Braggadocio=, a blusterer, a boaster.

=Caftan=, a long robe worn by men in the East.

"=Cour plénière=," in ancient French history a gathering of all a king's vassals.

=Cresset=, a large kind of candlestick for holding a small fire or illuminant.

=Dalmatic=, =dalmatique=, a long ecclesiastical robe.

=Diet=, the national assembly.

=Doomsmen=, all who gathered at the doom, or great popular court of the ancient Scandinavians.

=Dorf=, a village.

=Double-ganger=, =Doppelgänger=, a spectral counterpart of a living person.

=Earth-shoot=, a landslip.

=Emprise=, feat, enterprise.

=Espadon=, a long heavy sword.

"=Fain, to make one=," to please, to give pleasure or joy to.

=Faustrecht=, the right claimed by the petty barons of the Empire to wage private warfare.

=Folter-kammer=, a torture-chamber.

=Gammon=, a smoked ham.

=Gauds=, trinkets, ornaments.

=Gear=, business, affair; property.

=Geierstein=, vulture-stone.

=Graffs-lust=, the count's delight.

=Hauberk=, a shirt of mail.

=Hauptman=, a captain.

=Hundred=, an old subdivision of the English counties.

=Kreutzer=, a German copper coin, worth one third of a penny English.

=Lammer-geier=, the bearded vulture.

=Landamman=, the chief magistrate in a Swiss canton.

=Landvogt=, a bailiff.

=Lanzknecht=, a German mercenary soldier.

=Largesse=, a free distribution of money.

=Leaguer=, a camp.

=Losel=, a slothful person.

=Lyme-hound=, a large dog.

"=Maen Gorsedd=," the stone of the British bards.

=Mail=, a trunk.

=Mainour=, a thing stolen, discovered in the hands of the thief.

=Malecredence=, mistrust.

=Merlin=, a kind of hawk, formerly trained to hunt game birds.

=Minnesinger=, a poet-minstrel of mediæval Germany.

=Montero-cap=, a horseman's scarlet cap of fine Spanish cloth trimmed with fur.

=Morisco=, a Moor of Spain.

=Palmer=, a pilgrim to the Holy Land.

"=Par amours=," forbidden love.

=Partisan=, a kind of pike or halberd.

=Peltry=, skins and furs of wild animals.

=Pight=, pitched, placed, fixed.

=Ptisan=, a decoction of barley.

=Rigadoon=, a dance with a peculiar hopping step.

"=Roba di guadagno=," profitable goods.

=Romaunt=, a story or tale in verse.

=Saltire-wise=, two lines crossing one another diagonally like a St. Andrew's cross.

=Samite=, a textile made of gold cloth or satin.

=Schlaf-trunk=, a sleeping-draught.

=Schwarz-bier=, black beer.

=Schwarz-reiter=, a German mercenary horse-soldier

=Seigniory=, the right of ownership vested in a feudal superior or lord.

=Shaveling=, a priest.

=Soothfast=, true, worthy of belief.

=Stoup=, a drinking-cup.

=Strappado=, a cruel form of military punishment.

=Strick-kind=, the child of the cord--the prisoner on trial before the Vehmic Tribunal.

=Switzer=, a native of Switzerland.

=Thane=, intermediate between a freeman and a noble.

=Treillage=, trellis-work.

=Vail=, to doff, to lower, to take off.

=Verjämbt=, condemned by the Vehmic Tribunal.

=Vestiary=, a room for keeping vestments.

=Visne=, venue, the place where a law action can be tried.

=Wapentake=, an old subdivision of the English counties.

=Warrand=, a defender.

=Wassail=, ale or wine sweetened and flavoured with spices.

=Welked=, marked with protuberances or ridges.

=Wimple=, a shawl worn by women out of doors.

=Wroge=, =Vroge=, lists of offences that called for the attention of the court.

=Yung-herr=, =Jung-her=, =Junker=, a young man.

=Zechin=, a Venetian gold coin, worth from 9_s._ to 10_s._

END OF VOL. I.

_Printed by_ BALLANTYNE, HANSON & CO. _Edinburgh and London._

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Transcriber's note:

Obvious typographical errors have been corrected.

Inconsistent spelling, hyphenation, and capitalization (e.g. his grace/Grace) in the original document have been preserved.