Chapter Chapter 131 · How Pantagruel was present a
Chapter 3.XXXIX.
How Pantagruel was present at the trial of Judge Bridlegoose, who decided
causes and controversies in law by the chance and fortune of the dice.
On the day following, precisely at the hour appointed, Pantagruel came to
Mirelingues. At his arrival the presidents, senators, and counsellors
prayed him to do them the honour to enter in with them, to hear the
decision of all the causes, arguments, and reasons which Bridlegoose in his
own defence would produce, why he had pronounced a certain sentence against
the subsidy-assessor, Toucheronde, which did not seem very equitable to
that centumviral court. Pantagruel very willingly condescended to their
desire, and accordingly entering in, found Bridlegoose sitting within the
middle of the enclosure of the 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 his sight of late was very much failed, and
become dimmer than it was wont to be; instancing therewithal many miseries
and calamities which old age bringeth along 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 so distinctly and clearly to discern the
points and blots of the dice as formerly he had been accustomed to do;
whence it might very well have happened, said he, as old dim-sighted Isaac
took Jacob for Esau, that I after the same manner, at the decision of
causes and controversies in law, should have been mistaken in taking a
quatre for a cinque, or a trey for a deuce. This I beseech your worships,
quoth he, to take into your serious consideration, and to have the more
favourable opinion of my uprightness, notwithstanding the prevarication
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 small dice; and
your worships, said he, know very well how by the most authentic rules of
the law it is provided that the imperfections of nature should never be
imputed unto any for crimes and transgressions; as appeareth, ff. de re
milit. l. qui cum uno. ff. de reg. Jur. l. fere. ff. de aedil. edict. per
totum. ff. de term. mod. l. Divus Adrianus, resolved by Lud. Rom. in l. si
vero. ff. Sol. Matr. And who would offer to do otherwise, should not
thereby accuse the man, but nature, and the all-seeing providence of God,
as is evident in l. Maximum Vitium, c. de lib. praeter.
What kind of dice, quoth Trinquamelle, grand-president of the said court,
do you mean, my friend Bridlegoose? The dice, quoth Bridlegoose, of
sentences at law, 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, as well as I, use, in this glorious sovereign court of
yours. So do all other righteous judges in their decision of processes and
final determination of legal 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, and necessary for ending of and putting a final
closure to dissensions and debates in suits at law. The same hath more
clearly been declared by Bald. Bartol. et Alex. 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. in refutatoriis. 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 the same with that of your other
worships, and as the custom of the judicatory requires, unto which our law
commandeth us to have regard, and by the rule thereof 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 exactly seen, surveyed,
overlooked, reviewed, recognized, read, and read over again, turned and
tossed over, seriously perused and examined the bills of complaint,
accusations, impeachments, indictments, warnings, citations, summonings,
comparitions, appearances, mandates, commissions, delegations,
instructions, informations, inquests, preparatories, productions,
evidences, proofs, allegations, depositions, cross speeches,
contradictions, supplications, 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 exceptions taken, grievances, salvation
bills, re-examination of witnesses, confronting of them together,
declarations, denunciations, libels, certificates, royal missives, letters
of appeal, letters of attorney, instruments of compulsion, delineatories,
anticipatories, evocations, messages, dimissions, issues, exceptions,
dilatory pleas, demurs, compositions, injunctions, reliefs, reports,
returns, confessions, acknowledgments, exploits, executions, and other
such-like confects and spiceries, both at the one and the other side, as a
good judge ought to do, conform to what hath been noted thereupon. Spec.
de ordination. Paragr. 3. et Tit. de Offi. omn. jud. paragr. fin. et de
rescriptis praesentat. parag. 1.--I posit on the end of a table in my
closet all the pokes and bags of the defendant, and then allow unto him the
first hazard of the dice, according to the usual manner of your other
worships. And it 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 favendum est quam actori. That being done, I
thereafter lay down upon the other end of the same table the bags and
satchels of the plaintiff, as your other worships are accustomed to do,
visum visu, just over against one another; for Opposita juxta se posita
clarius elucescunt: ut not. in lib. 1. parag. Videamus. ff. de his 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
forthwith livre him his chance. But, quoth Trinquamelle, my friend, how
come you to know, understand, and resolve the obscurity of these various
and seeming contrary passages in law, which are laid claim to by the
suitors and pleading parties? Even just, quoth Bridlegoose, after the
fashion of your other worships; to wit, when there are many bags on the one
side and on the other, I then use my little small dice, after the customary
manner of your other worships, 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 quod minimum est sequimur; canonized in c. in
obscuris. eod. tit. lib. 6. I have other large great dice, fair and goodly
ones, which I employ in the fashion that your other worships use to do,
when the matter is more plain, clear, and liquid, that is to say, when
there are fewer bags. But when you have done all these fine things, quoth
Trinquamelle, how do you, my friend, award your decrees, and pronounce
judgment? Even as your other worships, answered Bridlegoose; for I give
out sentence in his favour unto whom hath befallen the best chance by dice,
judiciary, tribunian, pretorial, what comes first. So our laws command,
ff. qui pot. in pign. l. creditor, c. de consul. 1. Et de regul. jur. in
6. Qui prior est tempore potior est jure.