The third book of the works of Mr. Francis Rabelais, Doctor in Physick containing the heroick deeds of Pantagruel the son of Gargantua / now faithfully translated into English by the unimitable pen of Sir Thomas Urwhart.

CHAP. XXXIX. How Pantagruel was present at the Try∣al of Iudge Bridlegoose, who decided Causes and Controversies in Law, by the Chance and Fortune of the Dice. (Book 39)

ON the Day following, precisely at the Hour appointed, Pantagruel came to Merlingues: 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, Ar∣guments, and Reasons, which Bridlegoose in his own Defence would produce, why he had pronounced a certain Sentence a∣gainst the Subsidy-Assessor, Toucheronde; which did not seem very equitable to that Centumviral Court. Pantagruel very wil∣lingly condescended to their desire, and accordingly entring in, found Bridlegoose sitting within the middle of the Inclosure of the said Court of Justice; who imme∣diately upon the coming of Pantrgruel, ac∣companied 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 dim∣ner then it was wont to be; instancing therewithal many Miseries and Calami∣ties, which Old Age bringeth along with it, and are concomitant to wrinkled Elders; which not, par Archi d' lxxvi. 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-••ighted Isaac took Ia∣cob for Esau, that I after the same manner, at the Decision of Causes and Controver∣sies in Law, should have been mistaken in taking a Quatre for a Cinque, or Tre for a Deuce: This, I beseech your Worship (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 Toucherondy's Sentence) that at the time of that Decrees pronouncing, I only had made use of my small Dice; and your Worships (said he) knew very well, how by the most Authentick Rules of the Law, it is provided, That the Imperfecti∣ons

of Nature should never be imputed unto any for Crimes and Transgressions; as ap∣peareth, F. de re Mil. L. qui cum uno F. de Reg. Iur. L. fere F. de aedit. edict. per totum, F. de term. Mo. L. Divus Adrianus, resol∣ved by LU. RO. ML. Si Vero. F. Sol. Mat. And who would offer to do otherways, should not thereby accuse the Man, but Nature, and the All-seeing Providence of God, as is evident in L. Maximum Vitium C. de Liber praeter.

What kind of Dice (quoth Trinquamelle, grand President of the said Court) do you mean, my Friend Bridle-goose? The Dice (quoth Bridlegoose) of Sentences at Law, Decrees, and peremptory Judgments, A∣lea Iudiciorum, whereof is written, Per Doct. 26. qu. 2. Ca. Sors L. nec emptio F. de contrahen. empt. L. quod debetur. F. de pecu, & ibi Bart. 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 there∣of, by D. Henri. Ferraudet. & not. Gl. MC. si de sort. il & L. sed cum ambo F. de rud. ubi Doc. Where mark, that Chance and Fortune, are good, honest, profitable and necessary for ending of, and putting a fi∣nal closure to Dissensions and Debates in

Suits at Law. The same hath more clear∣ly been declared by Bal. Barto. & Alex. C. communia de L. Si duo. But how is it that you do these things? (asked Tirque∣mel.) I very briefly (quoth Bridlegoose) shall answer you, according to the Do∣ctrine and Instructions of L. ampliorem par in refutatoriis C. de Appell. Which is con∣form to what is said in Il. 1. L. 2. F. quod met. cau. 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. C. ex literis, & ibi Iano: for having well and exactly seen, surveyed, overlooked, reviewed, recognised, read, and read over again, turned and tossed over, seriously perused and examined the Bills of Complaint, Accusations, Impeach∣ments, Indictments, Warnings, Citations, Summonings, Comparitions, Appearan∣ces, Mandates, Commissions, Delegations, Instructions, Informations, Inquests, Pre∣paratories, Productions, Evidences, Proofs, Allegations, Depositions, cross Speeches, Contradictions, Supplications, Requests, Petitions, Enquiries, Instruments of the Deposition of Witnesses, Rejoinders, Re∣plies,

Confirmations of former Assertions, Duplies, Triplies, Answers to Rejoinders, Writings, Deeds, Reproaches, disabling of Exceptions taken, Grievances, Salvation-Bills, Re-examination of Witnesses, Con∣fronting of them together, Declarations, Denunciations, Libels, Certificates, Royal Missives, Letterss of Appeal, Letters of At∣torney, Instruments of Compulsion, De∣linatories, Anticipatories, Evocations, Mes∣sages, Dimissions, Issues, Exceptions, dila∣tory Pleas, Demurs, Compositions, Injun∣ctions, Reliefs, Reports, Returns, Confes∣sions, Acknowledgments, Exploits, Exe∣cutions, and other such-like Confects and Spiceries, both at the one and the other side, as a good Judge ought to do, con∣form to what hath been noted thereupon. Sper de ordinario. Paragr. 3. & Tit. de Offi. O. in Paragr. fin. & de prescriptis Praesent. à Parag. 1. I posit on the end of a Table, in my Closet, all the Poaks 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 F. de Reg. Iur. & in d. cum sunt eo. Tit. Lib. 6. which saith, Quum sunt partium Iura obscura, r••o potius favendum est quam actori. That being done, I thereafter lay down upon the other end of the same Table, the Bags

and Sachels of the Plaintiff, (as your other Worships are accustomed to do) Visum Visu, just over-against one another: for, Opposi••a juxta se potest clarius elucescunt: ut not. in L. Parag. Videamus F. de his qui sunt sui vel alieni juris, & in L. Munerum. Mixta F. de mun. & hon. Then do I likeways, and semblably throw the Dice for him, and forthwith livre him his chance. But (quoth Trigamelle) 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 Par∣ties? 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 F. de Reg. Iur. The Law verified, verifieth that, Eo tit. semper in obscuris quod minimum est sequi∣mur: Canonized in C. in obscuris cod. 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 Tri∣quamel)

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. F. qui pot. in Pig. L. Potior. L. Creditor. C. de Cons. L. 1. & de Reg. Iur on U. Qui prior est jure.