الفصل الفصل 68 · How Pantagruel judged so equ

Chapter 2.X.

How Pantagruel judged so equitably of a controversy, which was wonderfully

obscure and difficult, that, by reason of his just decree therein, he was

reputed to have a most admirable judgment.

Pantagruel, very well remembering his father’s letter and admonitions,

would one day make trial of his knowledge. Thereupon, in all the

carrefours, that is, throughout all the four quarters, streets, and corners

of the city, he set up conclusions to the number of nine thousand seven

hundred sixty and four, in all manner of learning, touching in them the

hardest doubts that are in any science. And first of all, in the Fodder

Street he held dispute against all the regents or fellows of colleges,

artists or masters of arts, and orators, and did so gallantly that he

overthrew them and set them all upon their tails. He went afterwards to

the Sorbonne, where he maintained argument against all the theologians or

divines, for the space of six weeks, from four o’clock in the morning until

six in the evening, except an interval of two hours to refresh themselves

and take their repast. And at this were present the greatest part of the

lords of the court, the masters of requests, presidents, counsellors, those

of the accompts, secretaries, advocates, and others; as also the sheriffs

of the said town, with the physicians and professors of the canon law.

Amongst which, it is to be remarked, that the greatest part were stubborn

jades, and in their opinions obstinate; but he took such course with them

that, for all their ergoes and fallacies, he put their backs to the wall,

gravelled them in the deepest questions, and made it visibly appear to the

world that, compared to him, they were but monkeys and a knot of muffled

calves. Whereupon everybody began to keep a bustling noise and talk of his

so marvellous knowledge, through all degrees of persons of both sexes, even

to the very laundresses, brokers, roast-meat sellers, penknife makers, and

others, who, when he passed along in the street, would say, This is he! in

which he took delight, as Demosthenes, the prince of Greek orators, did,

when an old crouching wife, pointing at him with her fingers, said, That is

the man.

Now at this same very time there was a process or suit in law depending in

court between two great lords, of which one was called my Lord Kissbreech,

plaintiff of one side, and the other my Lord Suckfist, defendant of the

other; whose controversy was so high and difficult in law that the court of

parliament could make nothing of it. And therefore, by the commandment of

the king, there were assembled four of the greatest and most learned of all

the parliaments of France, together with the great council, and all the

principal regents of the universities, not only of France, but of England

also and Italy, such as Jason, Philippus Decius, Petrus de Petronibus, and

a rabble of other old Rabbinists. Who being thus met together, after they

had thereupon consulted for the space of six-and-forty weeks, finding that

they could not fasten their teeth in it, nor with such clearness understand

the case as that they might in any manner of way be able to right it, or

take up the difference betwixt the two aforesaid parties, it did so

grievously vex them that they most villainously conshit themselves for

shame. In this great extremity one amongst them, named Du Douhet, the

learnedest of all, and more expert and prudent than any of the rest, whilst

one day they were thus at their wits’ end, all-to-be-dunced and

philogrobolized in their brains, said unto them, We have been here, my

masters, a good long space, without doing anything else than trifle away

both our time and money, and can nevertheless find neither brim nor bottom

in this matter, for the more we study about it the less we understand

therein, which is a great shame and disgrace to us, and a heavy burden to

our consciences; yea, such that in my opinion we shall not rid ourselves of

it without dishonour, unless we take some other course; for we do nothing

but dote in our consultations.

See, therefore, what I have thought upon. You have heard much talking of

that worthy personage named Master Pantagruel, who hath been found to be

learned above the capacity of this present age, by the proofs he gave in

those great disputations which he held publicly against all men. My

opinion is, that we send for him to confer with him about this business;

for never any man will encompass the bringing of it to an end if he do it

not.

Hereunto all the counsellors and doctors willingly agreed, and according to

that their result having instantly sent for him, they entreated him to be

pleased to canvass the process and sift it thoroughly, that, after a deep

search and narrow examination of all the points thereof, he might forthwith

make the report unto them such as he shall think good in true and legal

knowledge. To this effect they delivered into his hands the bags wherein

were the writs and pancarts concerning that suit, which for bulk and weight

were almost enough to lade four great couillard or stoned asses. But

Pantagruel said unto them, Are the two lords between whom this debate and

process is yet living? It was answered him, Yes. To what a devil, then,

said he, serve so many paltry heaps and bundles of papers and copies which

you give me? Is it not better to hear their controversy from their own

mouths whilst they are face to face before us, than to read these vile

fopperies, which are nothing but trumperies, deceits, diabolical cozenages

of Cepola, pernicious slights and subversions of equity? For I am sure

that you, and all those through whose hands this process has passed, have

by your devices added what you could to it pro et contra in such sort that,

although their difference perhaps was clear and easy enough to determine at

first, you have obscured it and made it more intricate by the frivolous,

sottish, unreasonable, and foolish reasons and opinions of Accursius,

Baldus, Bartolus, de Castro, de Imola, Hippolytus, Panormo, Bertachin,

Alexander, Curtius, and those other old mastiffs, who never understood the

least law of the Pandects, they being but mere blockheads and great tithe

calves, ignorant of all that which was needful for the understanding of the

laws; for, as it is most certain, they had not the knowledge either of the

Greek or Latin tongue, but only of the Gothic and barbarian. The laws,

nevertheless, were first taken from the Greeks, according to the testimony

of Ulpian, L. poster. de origine juris, which we likewise may perceive by

that all the laws are full of Greek words and sentences. And then we find

that they are reduced into a Latin style the most elegant and ornate that

whole language is able to afford, without excepting that of any that ever

wrote therein, nay, not of Sallust, Varro, Cicero, Seneca, Titus Livius,

nor Quintilian. How then could these old dotards be able to understand

aright the text of the laws who never in their time had looked upon a good

Latin book, as doth evidently enough appear by the rudeness of their style,

which is fitter for a chimney-sweeper, or for a cook or a scullion, than

for a jurisconsult and doctor in the laws?

Furthermore, seeing the laws are excerpted out of the middle of moral and

natural philosophy, how should these fools have understood it, that have,

by G--, studied less in philosophy than my mule? In respect of human

learning and the knowledge of antiquities and history they were truly laden

with those faculties as a toad is with feathers. And yet of all this the

laws are so full that without it they cannot be understood, as I intend

more fully to show unto you in a peculiar treatise which on that purpose I

am about to publish. Therefore, if you will that I take any meddling in

this process, first cause all these papers to be burnt; secondly, make the

two gentlemen come personally before me, and afterwards, when I shall have

heard them, I will tell you my opinion freely without any feignedness or

dissimulation whatsoever.

Some amongst them did contradict this motion, as you know that in all

companies there are more fools than wise men, and that the greater part

always surmounts the better, as saith Titus Livius in speaking of the

Carthaginians. But the foresaid Du Douhet held the contrary opinion,

maintaining that Pantagruel had said well, and what was right, in affirming

that these records, bills of inquest, replies, rejoinders, exceptions,

depositions, and other such diableries of truth-entangling writs, were but

engines wherewith to overthrow justice and unnecessarily to prolong such

suits as did depend before them; and that, therefore, the devil would carry

them all away to hell if they did not take another course and proceeded not

in times coming according to the prescripts of evangelical and

philosophical equity. In fine, all the papers were burnt, and the two

gentlemen summoned and personally convented. At whose appearance before

the court Pantagruel said unto them, Are you they that have this great

difference betwixt you? Yes, my lord, said they. Which of you, said

Pantagruel, is the plaintiff? It is I, said my Lord Kissbreech. Go to,

then, my friend, said he, and relate your matter unto me from point to

point, according to the real truth, or else, by cock’s body, if I find you

to lie so much as in one word, I will make you shorter by the head, and

take it from off your shoulders to show others by your example that in

justice and judgment men ought to speak nothing but the truth. Therefore

take heed you do not add nor impair anything in the narration of your case.

Begin.