SCENE 6
(Enter the Judge, followed by two Lawyers. He sits down. Jeppe, his hands tied behind him, is brought to the bar. One of his captors steps forward.)
FIRST MAN. Here is a man, your honor, whom we can swear to have seen sneaking into the baron's house, where he posed as his lordship, put on his clothes, and tyrannized over the servants. As this is a piece of unheard-of impudence, we demand on behalf of his lordship that it be punished with such severity that it shall serve as an example and a warning to other evil-doers.
JUDGE. Is this accusation true? Speak out whatever you may have to say in answer to it, for we do not wish to convict any one unheard.
JEPPE. Alas, what a God-forsaken man I am! What can I say? I admit I deserve punishment, but only for the money I squandered on drink instead of buying soap with it. I also admit that I have recently been in the castle, but how I got there and how I got out again, I haven't the least idea.
FIRST LAWYER. Your honor has it on his own admission: he got drunk and in his drunkenness committed this unheard-of outrage. All that remains is to decide whether the guilt of such a gross misdeed can be held devoid of criminal intent because of intoxication. I argue that it cannot, for if it could, neither fornication nor murder could be punished, for every criminal could seek that escape and assert that he had committed his crime while intoxicated. And although he can prove that he was drunk, his case is none the stronger, for the law is: What a man does under the influence of drink he shall answer for when sober. It is well known that in a recent case of the same nature the misdeed was punished, although the criminal was led into passing himself off as a lord through his own simplicity; his ignorance and foolishness could not save him from death. The penalty is imposed purely as a warning to others. I would tell the circumstances, were it not that I fear to delay justice thereby.
SECOND LAWYER. Your honor! This story appears so remarkable to me that I cannot accept it without the testimony of several witnesses. How could a simple peasant get into his lord's house and impersonate his lordship unless he could imitate his very form and features? How could he get into the lord's bedroom, how could he put on his clothes, without any one being aware of it? No, your honor, one can plainly see that this is the outcome of a conspiracy on the part of this poor man's enemies. I hope, therefore, that he may be discharged.
JEPPE [weeping]. God bless your mouth. I have a bit of tobacco in my breeches pocket which perhaps you won't refuse; it's good enough for any honorable man to chew.
SECOND LAWYER. Keep your tobacco, Jeppe! I speak for you not in the hope of receiving gifts, but merely from Christian charity.
JEPPE. Pardon me, Master Attorney! I didn't know you folks were so honorable.
FIRST LAWYER. What my colleague advances in favor of this man's acquittal is based entirely on conjecture. The question is not whether such a thing could happen or not, because that it did happen is proved both by witnesses and by the man's own confession.
SECOND LAWYER. What a man says from fear and awe has no weight as a confession. It seems to me, therefore, that it is best to give the simple fellow time to collect his wits, then question him over again.
JUDGE. Listen, Jeppe! Be careful what you say. Do you admit the charges against you?
JEPPE. No; I will swear my most sacred oath that it's all lies that I swore to before; I haven't been outside my door for the last three days.
FIRST LAWYER. Your honor, it is my humble opinion that he should not be allowed to testify on a matter already established by witnesses, particularly inasmuch as he has already confessed his misdeed.
SECOND LAWYER. I think he should.
FIRST LAWYER. I think he should not.
SECOND LAWYER. The case is of so unusual a nature—
FIRST LAWYER. That does not affect witnesses and a confession.
JEPPE. Oh, if they would only go for each other's throats, then I could set upon the judge and give him such a beating he would forget both law and procedure.
SECOND LAWYER. But listen, worthy colleague! Although the deed is confessed, the man has deserved no punishment, for he did no murder nor robbery nor harm of any kind while on the premises.
FIRST LAWYER. That makes no difference! Intentio furandi is the same as furtum.
JEPPE. Talk Danish, you black hound! Then I can answer for myself.
FIRST LAWYER. For when a man is taken, whether he was about to steal or had already stolen, he is a thief.
JEPPE. Gracious judge! I am perfectly willing to be hanged if that attorney can be hanged alongside of me.
SECOND LAWYER. Stop talking like that, Jeppe! You are merely injuring your own case.
JEPPE. Then why don't you answer him? [Aside.] He stands like a dumb beast.
SECOND LAWYER. But wherein is proof of furandi propositum?
FIRST LAWYER. Quicunque; in aedes alienas noctu irrumpit tanquam fur aut nocturnus grassator existimandus est; atqui reus hic ita, ergo—
SECOND LAWYER. Nego majorem, quod scilicet irruperit.
FIRST LAWYER. Res manifesta est, tot legitimis testibus existantibus, ac confitente reo.
SECOND LAWYER. Quicunque; vi vel metu coactus fuerit confiteri—
FIRST LAWYER. Oh, but where is the vis? Where is the metus? That is a quibble.
SECOND LAWYER. You're the one that quibbles.
FIRST LAWYER. No honorable man shall accuse me of that.
(They grab each other by the throat, and Jeppe jumps behind them and pulls off the First Lawyer's wig.)
JUDGE. Respect for the law! Stop, I have heard enough. [Reads aloud.] Inasmuch as Jeppe of the Hill, son of Niels of the Hill, grandson of Jeppe of the same, has been proved both by legal evidence and by his own confession to have introduced himself by stealth into the Baron's castle, to have put on his clothes and maltreated his servants; he is sentenced to be put to death by poison, and when he is dead, his body to be hanged on a gallows.
JEPPE. Oh, oh, your honor! Have you no mercy?
JUDGE. None is possible. The sentence shall be carried out forthwith in the presence of the court.
JEPPE. May I have a glass of brandy first, before I drink the poison, so I can die with courage?
JUDGE. That is permissible.
JEPPE [drinks off three glasses of brandy, and falls on his knees].
Will you not have mercy?
JUDGE. No, Jeppe! It is now too late.
JEPPE. Oh, it's not too late. A judge can reverse his decision and say he judged wrong the first time. We're all merely men, so we're all likely to make mistakes.
JUDGE. No; you yourself will feel in a few minutes that it is too late, for you have already drunk the poison in the brandy.
JEPPE. Alas, what an unfortunate man I am! Have I taken the poison already? Oh, farewell, Nille! But the beast doesn't deserve that I should take leave of her. Farewell, Jens, Niels, and Christoffer! Farewell, my daughter Marthe! Farewell, apple of my eye! I know I am your father because you were born before that deacon came around, and you take after me so we're like as two drops of water. Farewell, my piebald horse, and thank you for all the times I have ridden you; next to my own children I never loved any animal as I love you. Farewell, Feierfax, my good watchdog! Farewell, Moens, my black cat! Farewell, my oxen, my sheep, my pigs, and thank you for your good company and for every day I have known you!… Farewell,… Oh, now I can say no more, I feel so heavy and so weak. [He falls, and lies on the floor.]
JUDGE. That worked well; the sleeping-potion has already taken effect, and he is sleeping like a log. Hang him up now, but be careful not to hurt him, and see that the rope goes only under his arms. Then we shall see what he does when he wakes up and finds himself hanging.
[They drag him out.