Chapter Chapter 136 · How Pantagruel relateth a st

Chapter 3.XLIV.

How Pantagruel relateth a strange history of the perplexity of human

judgment.

Seeing you talk, quoth Pantagruel, of dark, difficult, hard, and knotty

debates, I will tell you of one controverted before Cneius Dolabella,

proconsul in Asia. The case was this.

A wife in Smyrna had of her first husband a child named Abece. He dying,

she, after the expiring of a year and day, married again, and to her second

husband bore a boy called Effege. A pretty long time thereafter it

happened, as you know the affection of stepfathers and stepdams is very

rare towards the children of the first fathers and mothers deceased, that

this husband, with the help of his son Effege, secretly, wittingly,

willingly, and treacherously murdered Abece. The woman came no sooner to

get information of the fact, but, that it might not go unpunished, she

caused kill them both, to revenge the death of her first son. She was

apprehended and carried before Cneius Dolabella, in whose presence she,

without dissembling anything, confessed all that was laid to her charge;

yet alleged that she had both right and reason on her side for the killing

of them. Thus was the state of the question. He found the business so

dubious and intricate, that he knew not what to determine therein, nor

which of the parties to incline to. On the one hand, it was an execrable

crime to cut off at once both her second husband and her son. On the other

hand, the cause of the murder seemed to be so natural, as to be grounded

upon the law of nations and the rational instinct of all the people of the

world, seeing they two together had feloniously and murderously destroyed

her first son; not that they had been in any manner of way wronged,

outraged, or injured by him, but out of an avaricious intent to possess his

inheritance. In this doubtful quandary and uncertainty what to pitch upon,

he sent to the Areopagites then sitting at Athens to learn and obtain their

advice and judgment. That judicious senate, very sagely perpending the

reasons of his perplexity, sent him word to summon her personally to

compear before him a precise hundred years thereafter, to answer to some

interrogatories touching certain points which were not contained in the

verbal defence. Which resolution of theirs did import that it was in their

opinion a so difficult and inextricable matter that they knew not what to

say or judge therein. Who had decided that plea by the chance and fortune

of the dice, could not have erred nor awarded amiss on which side soever he

had passed his casting and condemnatory sentence. If against the woman,

she deserved punishment for usurping sovereign authority by taking that

vengeance at her own hand, the inflicting whereof was only competent to the

supreme power to administer justice in criminal cases. If for her, the

just resentment of a so atrocious injury done unto her, in murdering her

innocent son, did fully excuse and vindicate her of any trespass or offence

about that particular committed by her. But this continuation of

Bridlegoose for so many years still hitting the nail on the head, never

missing the mark, and always judging aright, by the mere throwing of the

dice and chance thereof, is that which most astonisheth and amazeth me.

To answer, quoth Pantagruel (Epistemon, says the English edition of 1694,

following the reading of the modern French editions. Le Duchat has pointed

out the mistake.--M.), categorically to that which you wonder at, I must

ingeniously confess and avow that I cannot; yet, conjecturally to guess at

the reason of it, I would refer the cause of that marvellously

long-continued happy success in the judiciary results of his definitive

sentences to the favourable aspect of the heavens and benignity of the

intelligences; who, out of their love to goodness, after having

contemplated the pure simplicity and sincere unfeignedness of Judge

Bridlegoose in the acknowledgment of his inabilities, did regulate that for

him by chance which by the profoundest act of his maturest deliberation he

was not able to reach unto. That, likewise, which possibly made him to

diffide in his own skill and capacity, notwithstanding his being an expert

and understanding lawyer, for anything that I know to the contrary, was the

knowledge and experience which he had of the antinomies, contrarieties,

antilogies, contradictions, traversings, and thwartings of laws, customs,

edicts, statutes, orders, and ordinances, in which dangerous opposition,

equity and justice being structured and founded on either of the opposite

terms, and a gap being thereby opened for the ushering in of injustice and

iniquity through the various interpretations of self-ended lawyers, being

assuredly persuaded that the infernal calumniator, who frequently

transformeth himself into the likeness of a messenger or angel of light,

maketh use of these cross glosses and expositions in the mouths and pens of

his ministers and servants, the perverse advocates, bribing judges,

law-monging attorneys, prevaricating counsellors, and other such-like

law-wresting members of a court of justice, to turn by those means black to

white, green to grey, and what is straight to a crooked ply. For the more

expedient doing whereof, these diabolical ministers make both the pleading

parties believe that their cause is just and righteous; for it is well

known that there is no cause, how bad soever, which doth not find an

advocate to patrocinate and defend it,--else would there be no process in

the world, no suits at law, nor pleadings at the bar. He did in these

extremities, as I conceive, most humbly recommend the direction of his

judicial proceedings to the upright judge of judges, God Almighty; did

submit himself to the conduct and guideship of the blessed Spirit in the

hazard and perplexity of the definitive sentence, and, by this aleatory

lot, did as it were implore and explore the divine decree of his goodwill

and pleasure, instead of that which we call the final judgment of a court.

To this effect, to the better attaining to his purpose, which was to judge

righteously, he did, in my opinion, throw and turn the dice, to the end

that by the providence aforesaid the best chance might fall to him whose

action was uprightest, and backed with greatest reason. In doing whereof

he did not stray from the sense of Talmudists, who say that there is so

little harm in that manner of searching the truth, that in the anxiety and

perplexedness of human wits God oftentimes manifesteth the secret pleasure

of his divine will.

Furthermore, I will neither think nor say, nor can I believe, that the

unstraightness is so irregular, or the corruption so evident, of those of

the parliament of Mirelingois in Mirelingues, before whom Bridlegoose was

arraigned for prevarication, that they will maintain it to be a worse

practice to have the decision of a suit at law referred to the chance and

hazard of a throw of the dice, hab nab, or luck as it will, than to have it

remitted to and passed by the determination of those whose hands are full

of blood and hearts of wry affections. Besides that, their principal

direction in all law matters comes to their hands from one Tribonian, a

wicked, miscreant, barbarous, faithless and perfidious knave, so

pernicious, unjust, avaricious, and perverse in his ways, that it was his

ordinary custom to sell laws, edicts, declarations, constitutions, and

ordinances, as at an outroop or putsale, to him who offered most for them.

Thus did he shape measures for the pleaders, and cut their morsels to them

by and out of these little parcels, fragments, bits, scantlings, and shreds

of the law now in use, altogether concealing, suppressing, disannulling,

and abolishing the remainder, which did make for the total law; fearing

that, if the whole law were made manifest and laid open to the knowledge of

such as are interested in it, and the learned books of the ancient doctors

of the law upon the exposition of the Twelve Tables and Praetorian Edicts,

his villainous pranks, naughtiness, and vile impiety should come to the

public notice of the world. Therefore were it better, in my conceit, that

is to say, less inconvenient, that parties at variance in any juridical

case should in the dark march upon caltrops than submit the determination

of what is their right to such unhallowed sentences and horrible decrees;

as Cato in his time wished and advised that every judiciary court should be

paved with caltrops.