As concerns the charge which the Fiscal General derives from the fact that Count Brandt at times went to the king playing the flute, and with his hat on his head, and also in his peignoir, Count Brandt acknowledges that this did occur when he returned from the chase and was heated, but that it was not done through contempt of the king, but because his Majesty preferred such conduct, and never evinced any anger at it. He also dared to appear before the king in his peignoir, which consisted of a cloth surtout, because it was his Majesty's wish that he should come in the dress he was wearing when the king summoned him.

Ad passum 2dum.

"That Count Brandt did not reveal to the king the improper intercourse which is said to have taken place between the queen and Struensee, by which he has rendered himself guilty of the punishment which the law dictates for this in 6—4—14."

Although Count Brandt felt morally convinced of this improper intercourse between the queen and Count Struensee, still he possessed no juridical proof of it, much less such proofs as he could at once have produced in his defence against the denial of the guilty parties. And what might Count Brandt have reasonably expected if he had alleged such a crime against a reigning queen, who at that time possessed the king's heart, which would have disturbed the king, shamed the queen, and dishonoured the royal house? In that case, 6—4—1 of the law would have been proper for him, even if he could have proved his denunciation instantly. If, for his own part, he could have proved this crime with his life, he would, probably, not have spared his life. Things, however, under the circumstances, remained as they were. Count Brandt would have been a ruined man, without amending the business; and if such a sort of silence were a neck-breaking crime, only few persons in the country would retain their heads.

Ad passum 3tium.

"That Count Brandt has been guilty of the crime of forgery."

Whatever forgery Count Struensee may have committed, it does not affect Count Brandt. Even if Count Struensee may have converted the sum of 6,000 dollars, approved by the king into 60,000, Count Brandt knows nothing about it. Count Brandt has not acknowledged this, and it has not been proved against him, nor did he receive 60,000 dollars all at once; but, on one occasion, 10,000 dollars, for which the king's note is still in existence; and the other 50,000 dollars were paid him by Baron Schimmelmann, and, according to Count Struensee's statement, were a present to him from the king. Count Brandt thanked the king for this, who answered him, "It was but fair he should give him a douceur, as he was always with him." Count Brandt never asked for this sum, and if it was given him by the king, he could not refuse it, the less so as, through his daily intercourse with the royal family, he was compelled to play high, in which he lost considerable sums. Count Brandt even declared on this occasion that if the king were indisposed to grant such large sums, he was ready to give the money back.

From all this I believe I have proved that the crimes alleged against Count Brandt are exaggerated. I must therefore most submissively request that Count Enevold Brandt may be acquitted from the accusation of the Fiscal General.

In all the rest he submits himself to the clemency of his most gracious king.