by Felix Dahn
CHAPTER XXXIV.
After the surging to and fro of the men pressing forward into thecircle, the loud voices, and the clank of weapons had somewhat diedaway, the Duke raised his spear and struck with it three solemn strokeson the bronze shield. Instantly deep silence reigned. "The assembly isopened!" said Hariowald, and slowly took his seat, crossing one footover the other.
Throwing back the long, full, dark-blue mantle, fastened by a clasp onthe left shoulder, he rested his spear like a staff on his rightshoulder, and raising his left hand with the fingers extended, saidslowly:
"I, the Judge, I ask you for the law! I ask you, ye free men: Is this the hour and the place, To have and to hold A judgment righteous Upon noble Alemanni, The sons of victory-- House and estate. Cattle and chattels, Money and lands, Peace and liberty, Body and life? Point out, ye men of knowledge, The law to the Judge."
Two elderly men stepped forward, drew their swords, raised them towardheaven, and said with long pauses, the words of one always blendingwith those of the other:
"We will point out, as we know it, To thee, Judge, the law: This is the hour and the place For judgment righteous: On the conquered and inherited Ancient soil of the Alemanni, By the all-conquering sun's Clear, shining, ascending, Radiant light, Beneath the ancient Ash of our fathers, In Odin's temple, On cattle and chattels, Money and lands, Peace and liberty, Body and life, Justly we judge And find, we free men, Sentence righteous."
Both withdrew into the circle.
"Before we march forth to the battle against the foe," the Duke nowbroke the silence, "and we shall set out soon, very soon--"
Loud shouts of joy and rattling of weapons burst forth, which the oldnoble allowed to die away; then he continued:
"The popular assembly must first pronounce judgment and decidequestions of justice and law. First on Fiskulf, the fisherman, fromRohr-Mos, the rush marshes. Where is the accuser?"
Adalo stepped forward hesitatingly.
"Here: I, Adalo, son of Adalger."
"Step to the right. Where is the defendant?"
"Here!" said a man in plain garments; he wore an old fishing net for agirdle. With head bent sorrowfully he came forward, lowering his eyes.
"What is your complaint?" asked the judge.
"Breaking the oath of military duty."
"That is a matter of life and death. Tell me the law: may Adalo, son ofAdalger, make such a charge here?"
One of the two old men stepped forward again, and said:
"The assembly knows Adalo, the Adeling, as a free man of unblemishedreputation: his estate is in the Linzgau: it would cover any charge offalse accusation: he may make complaint in a matter of life and death."
At a sign from the judge the young noble began:
"I make the complaint reluctantly,--against my wish and will,--but myoath requires it. For when I took command of the men of the westernshore of the lake, I was obliged to swear on the Duke's hand todenounce before the assembly any breach of his orders that might occurin my troop. So speak I must, for I fear to break the oath. You allknow that the Duke forbade, on pain of death, the lighting of a fire byday or night in any of the boats where the fugitives from the countryat first lay concealed among the rushes on the western shore: if theRomans, while passing, discovered by smoke or flame that there werepeople living in the wide marshy forests, all who were hidden theremight be lost. When I set out, I repeated the Duke's command to all mymen; Fiskulf was standing on my shield side. And yet, while the foe waspassing along the shore he lighted a fire on the Pike Stone which risesabove the reeds. True, it was daylight, but the smoke was visible. Thenearest cohort had halted and was preparing to look for the fire, whichI with difficulty put out in time to lull their suspicions. I must nowaccuse Fiskulf of this breach of orders."
He paused and drew back a step. A murmur of indignation ran through theranks, blended with many a loud cry of anger and reproach.
"Silence, all! Silence in the circle, until I ask your judgment,"shouted the Duke from his lofty stone seat, raising his spear aloft. "Iforbid reproaches; I command peace. You, Fiskulf, what say you to thecharge? Denial, or confession?"
"Confession," replied the fisherman sorrowfully. "It is as the Adelingsaid."
"You knew the command?"
"I knew it."
"You broke the command?"
"I broke it. Alas, I am so deeply ashamed. It was from hunger--but notto satisfy my own. We had lain hidden in the marshland forest for manynights; the stock of dried fish I had brought in the boat wasexhausted. I repressed my hunger and chewed the tops of the youngreeds. I would not have done it for myself; but my boy, who was with me(he had just recovered from the fever that lurks in the swamps, and heis only seven years old), cried so bitterly with hunger, begging andpleading: 'Father, father, give me something to eat!' It cut me to theheart! I speared a large pike that was sunning itself near the stone,cut it in pieces, and meant to give it to the child to eat. Butloathing choked him: he only cried quietly and no longer entreated me.Then I rubbed two dry sticks together till I kindled a fire, broiledthe fish on the top of the stone, and gave it to the boy to eat. I atesome myself, too."
"I was forced to accuse him," said Adalo. "But I entreat the assemblynot to punish the man. No harm came from his act. A father--"
"Silence, Accuser," the judge interrupted. "You have made thecomplaint; he has confessed: you have nothing more to do here except tolisten to the sentence. I ask: what may follow breaking an order givento the troops when the enemy is in the country? What? You are silent?The disobedience might destroy the whole nation. What? You refuse topoint out the law," the old man went on indignantly. "Or do yougray-beards no longer know what the boys learn? Answer! Point out thelaw,--" he rose threateningly,--"or I will tear the shield of theassembly from the ash and complain to the gods: The Alemanni haveforgotten the laws of their people! What is the punishment of treasonand breaking the oath of service?"
"Death!" now rang forth in many voices.
"I knew it," said the fisherman quietly. "Farewell, countrymen. I wishyou victory and prosperity."
But the Duke continued:
"What death must he die? By the willow-withe? By water? By the redstroke of the knife? Or by the red flame of burning branches?"
One of the two old men stepped forward again, saying: "By his deed hehas offended Zio the war-god and Odin the giver of victory. Zio demandsblood upon the stone of sacrifice; Odin's will is that he shall blow inthe wind. Odin is the greater god and the father of Zio: the lesseryields to the greater; the son to the father. Odin's right is first:the oath-breaker is consecrated to Odin, He shall be hung by willowropes under the chin, with his face toward the north, from the witheredyew, a wolf at his right hand and a wolf at his left--the oldestsymbols of quarrelsome, reckless lawbreakers."
"He is consecrated to Odin," the judge repeated solemnly--"if Odindesires him. We will ask the god."
All gazed in astonishment, the fisherman with a faint thrill of hope,at the old man, who now continued:
"It is dishonorable and shameful for the man to swing among thebranches, between the sky and the mountain top. And hitherto he hasbeen brave--only he could not be strong enough to bear the weeping ofhis child. He will die useless to his people, if he hang high aloft onthe tree. Well then, we will ask Odin if, perchance, he will forgivehim. You all, like the accuser himself, at first wished to let the actpass unpunished. That will not do. To the Lofty One we must offer hisright; but--perhaps--he will not take it. I advise that Fiskulf shallventure upon a deed in which, for his people's welfare, he will fall,inevitably fall, unless Odin himself take pity on him and bear him awayin h
is floating mantle."
"Speak, speak! What may I do?" cried the fisherman, with sparklingeyes. "All! All! Gladly will I die by the spear. Only not the rope ofshame!"
"You shall be the first, in advance of all the others, to leap on theproudest Roman galley and--you understand how to kindle flames sowell--set fire to its sails."
"Yes, yes! That he shall! Hail to the Duke!" shouted thousands ofvoices.
Fiskulf sprang forward to the judge's chair, lifted both hands to him,and cried: "I thank thee, Duke! Ay, thou knowest the will of Odin! Theproudest Roman galley--the General's vessel in Arbor, is it not? Well:I do not yet know how I am to reach the ship on the other side of thelake; but I will die, or accomplish it."
"I will provide for that," said the Duke. "You need not go to the ship:Odin will bring the galley to you! Then do as I have told you."
"Gladly! Gladly! Oh, give me back my weapons!"
At a sign from the judge the heralds restored to him the spear andshield marked _F_, which lay on the stone steps, and he returned to thecircle of his comrades, many of whom clasped his hand.
