Chapter 39 How Pantagruel was present at the trial of Judge Bridlegoose,
who decided causes and controversies in law by the chance and fortune of th_ice
On the day following, precisely at the hour appointed, Pantagruel came t_irelingues. At his arrival the presidents, senators, and counsellors praye_im to do them the honour to enter in with them, to hear the decision of al_he causes, arguments, and reasons which Bridlegoose in his own defence woul_roduce, why he had pronounced a certain sentence against the subsidy-
assessor, Toucheronde, which did not seem very equitable to that centumvira_ourt. Pantagruel very willingly condescended to their desire, and accordingl_ntering in, found Bridlegoose sitting within the middle of the enclosure o_he said court of justice; who immediately upon the coming of Pantagruel,
accompanied with the senatorian members of that worshipful judicatory, arose,
went to the bar, had his indictment read, and for all his reasons, defences,
and excuses, answered nothing else but that he was become old, and that hi_ight of late was very much failed, and become dimmer than it was wont to be;
instancing therewithal many miseries and calamities which old age bringet_long with it, and are concomitant to wrinkled elders; which not. per Archid.
d. lxxxvi. c. tanta. By reason of which infirmity he was not able s_istinctly and clearly to discern the points and blots of the dice as formerl_e had been accustomed to do; whence it might very well have happened, sai_e, as old dim-sighted Isaac took Jacob for Esau, that I after the sam_anner, at the decision of causes and controversies in law, should have bee_istaken in taking a quatre for a cinque, or a trey for a deuce. This _eseech your worships, quoth he, to take into your serious consideration, an_o have the more favourable opinion of my uprightness, notwithstanding th_revarication whereof I am accused in the matter of Toucheronde's sentence,
that at the time of that decree's pronouncing I only had made use of my smal_ice; and your worships, said he, know very well how by the most authenti_ules of the law it is provided that the imperfections of nature should neve_e imputed unto any for crimes and transgressions; as appeareth, ff. de r_ilit. l. qui cum uno. ff. de reg. Jur. l. fere. ff. de aedil. edict. pe_otum. ff. de term. mod. l. Divus Adrianus, resolved by Lud. Rom. in l. s_ero. ff. Sol. Matr. And who would offer to do otherwise, should not thereb_ccuse the man, but nature, and the all-seeing providence of God, as i_vident in l. Maximum Vitium, c. de lib. praeter.
What kind of dice, quoth Trinquamelle, grand-president of the said court, d_ou mean, my friend Bridlegoose? The dice, quoth Bridlegoose, of sentences a_aw, decrees, and peremptory judgments, Alea Judiciorum, whereof is written,
Per Doct. 26. qu. 2\. cap. sort. l. nec emptio ff. de contrahend. empt. l.
quod debetur. ff. de pecul. et ibi Bartol., and which your worships do, a_ell as I, use, in this glorious sovereign court of yours. So do all othe_ighteous judges in their decision of processes and final determination o_egal differences, observing that which hath been said thereof by D. Henri.
Ferrandat, et not. gl. in c. fin. de sortil. et l. sed cum ambo. ff. de jud.
Ubi Docto. Mark, that chance and fortune are good, honest, profitable, an_ecessary for ending of and putting a final closure to dissensions and debate_n suits at law. The same hath more clearly been declared by Bald. Bartol. e_lex. c. communia de leg. l. Si duo. But how is it that you do these things?
asked Trinquamelle. I very briefly, quoth Bridlegoose, shall answer you,
according to the doctrine and instructions of Leg. ampliorem para. i_efutatoriis. c. de appel.; which is conform to what is said in Gloss l. 1.
ff. quod met. causa. Gaudent brevitate moderni. My practice is therein th_ame with that of your other worships, and as the custom of the judicator_equires, unto which our law commandeth us to have regard, and by the rul_hereof still to direct and regulate our actions and procedures; ut not.
extra. de consuet. in c. ex literis et ibi innoc. For having well and exactl_een, surveyed, overlooked, reviewed, recognized, read, and read over again,
turned and tossed over, seriously perused and examined the bills of complaint,
requests, petitions, inquiries, instruments of the deposition of witnesses,
rejoinders, replies, confirmations of former assertions, duplies, triplies,
answers to rejoinders, writings, deeds, reproaches, disabling of exception_aken, grievances, salvation bills, re-examination of witnesses, confrontin_f them together, declarations, denunciations, libels, certificates, roya_issives, letters of appeal, letters of attorney, instruments of compulsion,
reports, returns, confessions, acknowledgments, exploits, executions, an_ther such-like confects and spiceries, both at the one and the other side, a_ good judge ought to do, conform to what hath been noted thereupon. Spec. d_rdination. Paragr. 3. et Tit. de Offi. omn. jud. paragr. fin. et d_escriptis praesentat. parag. 1.—I posit on the end of a table in my close_ll the pokes and bags of the defendant, and then allow unto him the firs_azard of the dice, according to the usual manner of your other worships. An_t is mentioned, l. favorabiliores. ff. de reg. jur. et in cap. cum sunt eod.
tit. lib. 6, which saith, Quum sunt partium jura obscura, reo potius favendu_st quam actori. That being done, I thereafter lay down upon the other end o_he same table the bags and satchels of the plaintiff, as your other worship_re accustomed to do, visum visu, just over against one another; for Opposit_uxta se posita clarius elucescunt: ut not. in lib. 1. parag. Videamus. ff. d_is qui sunt sui vel alieni juris, et in l. munerum. para. mixta ff. de mun.
et hon. Then do I likewise and semblably throw the dice for him, and forthwit_ivre him his chance. But, quoth Trinquamelle, my friend, how come you t_now, understand, and resolve the obscurity of these various and seemin_ontrary passages in law, which are laid claim to by the suitors and pleadin_arties? Even just, quoth Bridlegoose, after the fashion of your othe_orships; to wit, when there are many bags on the one side and on the other, _hen use my little small dice, after the customary manner of your othe_orships, in obedience to the law, Semper in stipulationibus ff. de reg. jur.
And the law ver(s)ified versifieth that, Eod. tit. Semper in obscuris quo_inimum est sequimur; canonized in c. in obscuris. eod. tit. lib. 6. I hav_ther large great dice, fair and goodly ones, which I employ in the fashio_hat your other worships use to do, when the matter is more plain, clear, an_iquid, that is to say, when there are fewer bags. But when you have done al_hese fine things, quoth Trinquamelle, how do you, my friend, award you_ecrees, and pronounce judgment? Even as your other worships, answere_ridlegoose; for I give out sentence in his favour unto whom hath befallen th_est chance by dice, judiciary, tribunian, pretorial, what comes first. So ou_aws command, ff. qui pot. in pign. l. creditor, c. de consul. 1. Et de regul.