IN WHICH WE BECOME ACQUAINTED WITH THE JUDICIAL BODY OF BARANIA-GLOVA AND ITS CHIEF REPRESENTATIVES.
NEXT morning there was a session of the communal court. Members from the whole place were assembled, with the exception of the lords, or nobles. Though a few nobles in the district were members, those few, not wishing to differ from their peers, adhered to the policy known in England as non-intervention, a policy so much lauded by that renowned statesman John Bright. This abstention did not exclude, however, the direct influence of the “intelligence” on the fate of the commune. For if any man of the “intelligence” had a case, he invited Pan Zolzik to his house on the eve of the session of the court, vodka was brought to the room of the representative of the “intelligence,” and cigars were given; after that the affair was discussed easily, then followed dinner, to which Pan Zolzik was invited with the cordial words, “Well, sit down, Pan Zolzik, sit down!”
Pan Zolzik sat down; and next day he said carelessly to the mayor, “Yesterday I dined with the Zarembas, the Skorabevskis, or the Dovbors. Hm! There is a daughter in the house; we understand what that means!”
During dinner Pan Zolzik tried to maintain good manners, to eat of various problematical dishes in the way that he saw others eat of them, and tried, moreover, not to show that that intimacy with the mansion gave him too much pleasure.
He was a man filled with tact, who knew how to conduct himself everywhere; therefore, not only did he not lose courage on such occasions, but he pushed himself into the conversation, mentioning meanwhile this “honorable commissioner” or that “excellent chief,” with whom yesterday, or some other day, he had played a small game at a copeck a point. In one word, he endeavored to show that he was on a footing of close intimacy with the first powers in the district. He noticed, it is true, that during his narratives the company looked somehow strangely into their plates; but he judged that that was the fashion. After dinner it astonished him also more than once, that the noble, without waiting for him to say farewell, clapped him on the shoulder and said, “Well, be in good health, Pan Zolzik;” but again he judged that that was the way in good society. Then, while pressing the host’s hand in farewell, he felt in it something that rustled; he bent his fingers, and, pressing the noble’s palm, he gathered to himself that something “that rustled,” not forgetting to add, however, “Oh, my benefactor! there is no need of this between us. As to your case, you may be at rest, my benefactor.”
With such energetic management, and with the native gifts of Pan Zolzik, the affairs of the village would have been conducted in the best manner surely, had it not been for one misfortune; namely, this one, that only in certain cases did Pan Zolzik raise his voice and explain to the court how it should consider an affair from the legal point of view. Other affairs, those not preceded by anything that rustled, were left to the independent action of the court, and during the course of this action he remained speechless, to the great distress of the judges, who then felt simply without a head.
Of the nobles, or more precisely of the lords, only one, Pan Floss, the tenant of Maly Postempovitsi, sat at first as a judge in the village sessions; and he declared that the “intelligence” should take part in them. But this declaration was received ill everywhere. The nobles said that Pan Floss must be a “red,” which for that matter was shown by his name. The peasants, with a democratic feeling of their own separateness, contended that it did not become a lord to sit on a bench with peasants, the best proof of which was contained in this statement, “Those lords do not do that.” In general, the peasants reproached Pan Floss with not being a lord among lords. Pan Zolzik, too, did not like him; for Pan Floss had not tried to win his friendship with anything that rustled, and once at a sitting Pan Floss had, as judge, even ordered him to be silent. Discontent with Pan Floss was universal; the result of which was that on a certain fine morning, in the presence of the whole assembly, he heard from the mouth of a judge sitting near him the following, “You are not a lord! Pan Dovbor is a lord; Pan Skorabevski is a lord; but you are not a lord, you are an upstart.” Upon hearing this, Pan Floss, who was just about buying Kruha Volya, spat on everything, and left the village to its own devices, as he had formerly left the city. But the nobility said that “he was played out,” adding, meanwhile, in defence of the principle of non-intervention, one of those proverbs which form the wisdom of nations; this proverb went to prove that it is not possible to improve peasants. Now the council, untroubled by participation of the “intelligence,” deliberated on their own affairs unaided by the superior element, and by means of Barania-Glova reason alone, which, moreover, should suffice, in virtue of the principle that the reason of Paris suffices Paris. Finally, it is certain that practical judgment, or, in other words, the so-called “sound peasant sense,” is worth more than any intelligence of another element, and that the inhabitants of a country brought its sound sense by birth into said country. This, it strikes me, needs no demonstration.
And this became evident at once in the village of Barania-Glova, when at the above-mentioned session the question from the government was read, whether the council would repair, at its own cost, the highway in front of the communal land, which highway led to Oslovitsi. In general, the project was exceedingly disagreeable to the assembled patres conscripti; therefore one of the local senators gave utterance to the brilliant idea that there was no need to improve the road, for they could go through Pan Skorabevski’s meadow. If Pan Skorabevski had been present at the session, he would no doubt have found something to say against this pro bono publico amendment; but he was not there, for he adhered to the principle of non-intervention. The project of going through the meadow would have been accepted unanimously had Pan Zolzik not dined at Pan Skorabevski’s the day before. During the dinner he related to Panna Yadviga the scene of stifling two Spanish generals in Madrid, which he had read in “Isabella of Spain,” published by Pan Breslauer. After dinner, while pressing the hand of Pan Skorabevski, he felt in his palm something that rustled. Now the secretary, instead of recording the decision, laid down his pen, which always meant that he wanted to say something.
“The lord secretary wants to say something,” said voices in the assembly.
“I want to say that ye are fools!” answered the lord secretary, phlegmatically.
The power of real parliamentary eloquence, even when concise, is so great that after the above statement, which was a protest against the meadow amendment, and in general against administrative management by the Barania-Glova body, that same body began to look around with disquiet, and to scratch itself on its noble organ of thought, which with that body was an unerring indication of entering into business more profoundly.
At last, after a considerable interval of silence, one of its representatives answered in a tone of inquiry,—
“Why are we fools?”
“Because ye are fools.”
“It must be so,” said one voice.
“A meadow is a meadow,” added a second.
“We cannot pass without it, in spring,” finished a third.
To wind up, the amendment proposing Pan Skorabevski’s meadow was lost, the official project was accepted, and they apportioned to each man his part in the expense of improving the road according to the estimate sent in. Justice was rooted to that degree in the minds of the legislative body, that it did not occur to any one to wriggle out, with the exception of the mayor and councilman Gomula, who, to make up, took on themselves the burden of seeing that everything was done as quickly as possible.
It should be confessed, however, that such a disinterested sacrifice on the part of the mayor and the councilman, like every virtue which goes beyond the ordinary limit, roused a certain jealousy in the other councillors, and even called forth one voice of protest which sounded angrily,—
“But why do ye not pay?”
“Why should we give money when what ye pay is enough?” answered Gomula.
This was an argument which I hope not only the sound sense of Barania-Glova, but of every one would have found unanswerable. The voice of the protester was silent for a time, then it said in a tone of conviction,—
“That is true!”
The affair was settled thoroughly, and they would have proceeded without delay to the decision of others, had it not been for the sudden and unexpected invasion of the legislative chamber by two young pigs, which, rushing in as if mad, through the open door, began without any reasonable cause to fly through the room, running between the men’s legs, and squealing in sky-piercing voices.
Of course deliberation was interrupted; the legislative body rushed in pursuit of the intruders; and for a time the deputies, with rare unanimity, cried, “Ah sik! ah tsiu!” “May the paralysis take you!” and the like. Meanwhile the pigs ran between Pan Zolzik’s legs, and stained, with some green stuff, his sand-colored trousers; this greenness could not be rubbed off, even though Pan Zolzik washed it with glycerine soap and rubbed it with his own toothbrush.
But, thanks to the resolution and energy which never deserted the representatives of the commune, and did not desert them at that time, the pigs were seized by the hind-legs and, in spite of their most vigorous protests, thrown out through the doorway. After this, it was possible to pass to the order of the day.
In this order was found an action brought by a villager named Sroda against Pan Floss. It happened that Sroda’s oxen, having filled themselves in the night with Pan Floss’s clover, toward morning left this vale of tears and misery, and transferred themselves to a better and an ox world. Sroda, in despair, brought the whole sad case before the court, and implored justice and deliverance.
The court penetrated to the depth of the subject, and, with a quickness peculiar to itself, came to the conviction that, though Sroda had let his cattle into Pan Floss’s field intentionally, still, if on that field there had been growing, for example, grass or wheat, not that “vile clover,” the oxen would have enjoyed to that moment the best and most desirable health, and certainly would not have experienced those sad attacks of inflation to which they had fallen victims.
Starting from this major premise, and passing by a road, as logical as it was legal, to the minor premise, the court decided that in every case, not Sroda had caused the death of the oxen, but Pan Floss; therefore Pan Floss should pay Sroda for his oxen, and, as a warning for the future, he was to pay into the village treasury five rubles for the support of the chancery. The above-mentioned sum, in case the defendant refused payment, was to be taken from his dairy farmer, Itska Zweinos.
Next were decided several cases of a civil nature, all of which, in so far as they did not touch nearly or remotely the genial Zolzik, were decided with entire independence, and on the scales of pure justice hung on sound Barania-Glova reason.
Thanks, therefore, to the English principle of non-intervention, which was adhered to by the afore-mentioned “intelligence,” the general harmony and unanimity was disturbed only by passing remarks touching paralysis, the decaying of intestines, and the plague, which were uttered in the form of wishes by the litigating parties as well as by the judges themselves.
I consider that, thanks also to this priceless principle of non-intervention, all disputes could be decided in this way, that the side gaining, as well as the side losing, paid always a certain sum, relatively rather large, “to the chancery.” This insured indirectly that which is so desirable in village institutions, the independence of the mayor and the secretary, and had the virtue to wean the people from litigiousness, and raise the morality of Barania-Glova to a level of which eighteenth-century philosophers dreamed in vain. This also is worthy of attention (we refrain from expressing praise or blame), that Pan Zolzik always entered in his books only one half of the sum destined for the chancery, the other half was set aside for “unforeseen circumstances,” in which the secretary, the mayor, and councilman Gomula might find themselves.
Finally, the court proceeded to judge criminal cases; in consequence of this they ordered the village policeman to bring in the prisoners and place them in presence of the court. I need not add that in Barania-Glova the newest system of imprisonment was adopted,—the system most consistent with the demands of civilization, namely, solitary confinement. This cannot be put in doubt by evil tongues. To-day any one may convince himself that in the mayor’s pen at Barania-Glova there are as many as four divisions. The prisoners sit in these separately, in company with animals of which a certain zoology, for the use of youth, states, “The pig, an animal justly so called because of its uncleanness, etc.,” and to which nature has denied horns absolutely, which may also serve as a proof of its wisdom. Here prisoners sat in apartments only with companions, which, as is known, could not hinder them from yielding themselves to reflection, thinking over the evil they had done, and undertaking a change of life.
The policeman went without delay to that prison of cells, and from those cells brought before the face of the court, not two male criminals, but a man and a woman; from this the reader may infer easily how delicate was the nature, and how psychologically involved were the cases which the court of Barania-Glova had to decide at times. In truth, this affair was very delicate,—
A certain Romeo, otherwise named Vah Rehnio, and a certain Juliet, otherwise called Baska Jabianka, worked together with an agriculturist, one as a serving-man, the other as a maid-servant. And, what is the use of concealment, they fell in love, being unable to live without each other, just as Nevazendeh 11 could not live without Bezevandeha. 11 Soon, however, jealousy crept in between Romeo and Juliet; for the latter once saw Romeo stopping too long with Yagna of the mansion-house. Thenceforth, the unfortunate Juliet was merely waiting for her opportunity. So on a certain day, when Romeo came from the field too early, according to Juliet’s thinking, and asked for his supper with insistence, matters came to an outburst and explanations on both sides, whereby there was an interchange of some dozens of blows of the fist and of a pot-ladle. The traces of these blows were to be seen in blue spots on the ideal face of Juliet, as well as on the cut forehead of Romeo, which was full of manly pride. The court had to declare on whose side was justice, and which was to pay the other five zlotys, or, speaking more correctly, seventy copecks silver, in compensation for deceit in love, and the results of the outburst.
The corrupt breath of the West had not been able yet to embrace the sound mental character of the court; hence, disgusted to the bottom of their souls with emancipation of woman, as a thing hostile, and revolting to the more ideal disposition of the Slavs, the judges gave the right of speech, first, to Romeo, who, holding his cut forehead, began,—
“Great, mighty court! But that pig ear has given me no peace this long time. I came home, like any good man, to supper, and she made at me. ‘Thou chestnut dog,’ says she, ‘the master is in the field yet, and thou come now to the house! Thou wilt put thyself behind the stove, and blink at me.’ I never scolded her; but when she saw me with Yagna of the mansion, as I helped the girl to draw water out of the well, from that moment she was raging at me. She threw my plate on the table so the food almost flew from it, and then she wouldn’t let me eat it; she gave out her mind at me in this way, ‘Thou son of a pagan, thou traitor, thou geometer, thou suffragan!’ When she said suffragan, and only then, I gave it to her on the snout, and only so from temper; but she at me then with a pot-ladle on the forehead.”
Here the ideal Juliet could not restrain herself; but, clinching her fist and shoving it under Romeo’s nose, she cried, with shrieking voice,—
“Not true! not true! not true! Thou liest like a dog!”
Then she burst into weeping with her whole overflowing heart, and, turning to the court, cried,—
“Great, mighty court! I am an unfortunate orphan. Oh, help me, for God’s sake! It was not at the well I saw him with Yagna; may they be blind! ‘Libertine!’ says I, ‘are the times few that thou didst say that thy love for me was such that thou didst wish to put a fist under my rib?’ May he melt; may his tongue become a stake! Not a pot-ladle should he get on the head, but a maple club. The sun was still high, but he comes from the field and calls for something to put in his stomach. I talk to him as if to some good man, politely, ‘Thou scoundrel’s picture,’ says I, ‘the master is in the field yet, and thou art at the house!’ But I didn’t call him a suffragan; as the Lord God is good to me, I did not! But may he—”
At this point the mayor called the defendant to order, making a remark to her in the form of a question,—
“Thou plague, wilt thou shut that snout of thine?”
A moment of silence followed; the judges began to meditate over the sentence; and what a delicate feeling of the situation! They did not adjudge five zlotys to either side; but, to preserve their own dignity merely, and for a warning to every loving couple in all Barania-Glova, they condemned the two to sit twenty-four hours longer in prison, and to pay a ruble each to the chancery.
“From Vah Rehnio and Baska Jabianka, fifty copecks each for the chancery,” noted down Pan Zolzik.
Then the sitting of the court was ended. Pan Zolzik rose; he drew his sand-colored trousers up, and his violet-colored vest down. The councillors, with the intention of separating, had already taken their caps and whips, when all at once the door, which had been closed after the invasion of the pigs, opened half-way, and in it appeared Repa, gloomy as night, and after him his wife, and the dog Kruchek.
The woman was as pale as linen; her comely, delicate features expressed grief and humility, and in her large eyes were tears which afterward flowed down her cheeks.
Repa was going in boldly, with head thrown back; but when he saw the whole court, he lost his attitude at once, and, in rather a low voice, said,—
“May He be praised!”
“For the ages of ages!” answered the councilmen, in a chorus.
“And what are ye here for?” asked the mayor, threateningly. The mayor was confused at first, but he recovered himself, “What business have ye? Have ye been fighting, or what?”
“Great, mighty court,” began Repa. “But let the most serene—”
“Be quiet! be quiet!” interrupted the woman; “let me speak, and do thou sit quietly.”
Then she wiped the tears and her nose with her apron, and began to tell the whole story, with a trembling voice. Ah! but to whom had she come? She had come with a complaint against the mayor and the secretary, to the mayor and the secretary.
“They took him,” said she; “they promised him timber if he would write his name; then he wrote his name. They gave him fifty rubles; but he was drunk, and he didn’t know that he was selling his life and mine and the little boy’s. He was drunk, great, mighty court, as drunk as if he were not a creature of God,” continued she, now in tears. “Of course a drunken man does not know what he is doing; so in the court, if any one writes anything when he is drunk, they spare him, for they say that he did not know what he was doing. In God’s name, mercy! A sober man would not sell his life for fifty rubles! Have pity on me, and on him, and on the innocent child! What will become of me, the unfortunate, alone, and alone in the world, without him, without my poor fellow! God give you happiness for this, and reward you in the name of the unfortunate!”
Here sobbing interrupted her words. Repa cried, too, and from time to time wiped his nose with his finger. The faces of the councilmen grew long; they looked one at another, and then at the secretary and the mayor, without knowing what to do, until the woman recovered her voice, and began to speak again,—
“The man goes about as if poisoned. ‘Thee I will kill,’ says he. ‘I will destroy the child; I will burn the house; but,’ says he, ‘I will not go, and I will not go.’ How am I to blame, poor woman, or the little boy? He is no longer in the field, at the scythe, or the axe; but he sits in the house and sighs and sighs. But I wait for judgment; so do you men have God in your hearts, and do not let injustice be done. Jesus of Nazareth! O Chenstohova Mother of God! intercede for us, intercede!”
For a time nothing was audible but the sobbing of the woman; at last one old councilman muttered,—
“It is not well to make a man drunk, and then sell him.”
“No; it is not well,” answered others.
“May God and His Most Holy Mother bless you!” cried the woman, falling on her knees at the threshold.
The mayor was put to shame; no less troubled was the councilman Gomula; so both looked at the secretary, who was silent; but when Repa’s wife had finished, he said to the grumbling councilmen,—
“Ye are fools!”
There was silence as when poppy-seed falls.
“It is written expressly,” continued the secretary, “that if any one meddles in a voluntary contract he will be judged by a marine court. And do ye know, ye fools, what a marine court is? Ye do not, ye fools; a marine court is—” Here he took out his handkerchief and wiped his nose; then, with a cold and official voice, he continued his speech, “Whichever fool of you doesn’t know what a marine court is, let him stick his nose into the dish, and he will know what a marine court is till his seventh skin smarts. When a volunteer is found for a man who is conscripted, let one and another of you be careful not to meddle with them. The contract is signed; there are witnesses; and that is the end of the matter! This is understood in jurisprudence; and if any one doesn’t believe, let him look at procedure and precedents. And if they drink besides, what of that? But don’t ye drink, ye fools, always and everywhere?”
If Justice herself, with scales in one hand, and a drawn sword in the other, had stepped out from behind the mayor’s stove, and stood suddenly among the councilmen, she would not have frightened them more than that marine court, procedure, and precedents. For a while, there was deep silence; only after a time did Gomula speak in a low voice; all looked around at him, as if astonished at his boldness.
“That is true! A man sells a horse, he drinks; the same if he sells an ox, a pig too. That’s the custom.”
“That’s it; we drink, but according to custom,” put in the mayor.
Then the councilmen turned more boldly to Repa,—
“Well, if thou hast brewed beer, drink it.”
“Or, art thou six years old, or knowest not what thou art doing?”
“Besides they will not take off thy head.”
“And when thou goest to the army, thou canst hire a man; he will take thy place in the house, and with the woman.”
Joyfulness began to possess the whole assembly.
All at once the secretary opened his mouth again; all was still.
“But ye do not know,” said he, “where to interfere, and what ye shouldn’t touch. That Repa threatened his wife and child, that he promised to burn his own house, with that ye can meddle, and not let such a thing go unpunished. Since the woman has come with a complaint, let her not go away from this court without justice.”
“Not true, not true!” cried the woman, in despair. “I have never suffered any wrong from him. O Jesus! O dear wounds of the living God!—has the world come to an end?”
But the court acted, and the direct result was, that Repa and his wife not only effected nothing, but the court, in proper anxiety for the safety of the woman, decided to secure her by confining Repa in the pen for two days. And lest such thoughts should come to his head in future, it was decided also that he should pay two rubles and a half to the chancery.
Repa sprang up like a madman, and shouted that he would not go to the pen, and as to the chancery fine, he would give not two rubles, but the fifty rubles received from the mayor; and he threw them on the floor, crying,—
“Let the man take them who wishes!”
A terrible uproar began. The policeman ran in and fell to dragging Repa; Repa at him with his fist, he at Repa’s hair. She screamed till one of the councilmen took her by the neck and pushed her through the doorway, giving her a fist in the back to help her out; others helped the policeman to drag Repa to the pen.
Meanwhile the secretary wrote down, “From Vavron Repa one ruble and twenty-five copecks for the chancery.”
Repa’s wife went to her empty house almost out of her senses. She saw nothing in front of her, and stumbled against every stone, wringing her hands above her head and crying, “Ooo! oo! oo!”
The mayor had a good heart, therefore, while going slowly with Gomula toward the inn, he said,—
“I am a little sorry for that woman. Shall I give them a quarter of peas, or something?”