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. XLI. How Bridlegoose relateth the History of the Reconcilers of Parties at va∣riance in matters of Law. (Book 41)

I Remember to the same purpose (quoth Bridlegoose, in continuing his Discourse) that in the time when at Poictiers I was a Student of Law under Crocadium Iuris, there was at Smerva one Peter Dandin, a very honest Man, careful Labourer of

the Ground, fine Singer in a Church-Desk, of good Repute and Credit, and older than the most aged of all your Worships; who was wont to say, that he had seen the great and goodly Good Man the Council of Lateran, with his wide and broad brimmed Red Hat: As also, that he had beheld and looked upon the fair and beautiful Pragmatical Sanction, his Wife, with her huge Rosary or Pate∣notrian Chapelet of Jeat-beads, hanging at a large Sky-coloured Ribbond. This honest Man compounded, attoned and a∣greed more Differencies, Controversies and Variances at Law than had been de∣termined, voided and finished during his time in the whole Palace of Poictiers, in the Auditory of Montmorillon, and in the Town-house of the old Partenay. This amicable Disposition of his rendred him Venerable, and of great Estimation, Sway, Power and Authority throughout all the neighbouring places of Chauvinie, Nouaille, Vivonne, Mezeaux, Estables, and other bordering and circumjacent Towns, Vil∣lages, and Hamlets: All their Debates were pacified by him; he put an end to their brabling Suits at Law, and wrang∣ling Differences. By his Advice and Counsels were Accords and Reconcile∣ments no less firmly made, than if the

Verdict of a Soveraign Judge had been interposed therein, although, in very deed, he was no Judge at all, but a right honest Man, as you may well conceive. Arg. in L. si Anius F. de Iure jur. & de ver∣bis obligatorii sit continuus.

There was not a Hog killed within three Parishes of him, whereof he had not some part of the Haslet and Puddings. He was almost every day invited either to a Marriage, Banket, Christning Feast, an upri∣sing or Women Churching Treatment, a Birth-day's Anniversary Solemnity, a mer∣ry Frollick Gossiping, or otherways to some delicious Entertainment in a Ta∣vern, to make some Accord and Agree∣ment between Persons at odds, and in de∣bate with one another. Remark what I say; for he never yet setled and com∣pounded a Difference betwixt any two at variance, but he streight made the Par∣ties agreed and pacified, to drink together; as a sure and infallible Token and Symbol of a perfect and compleatly well cemen∣ted Reconciliation, sign of a sound and sincere Amity and proper Mark of a new Joy and Gladness to follow thereupon. Ut Not. per F. de Peri & com. rei. ven. L. 1. He had a Son whose Name was Tenot Dan∣din, a lusty young sturdy frisking Royster, so help me God, who likewise (in imita∣tion

of his Peace-making Father, would have undertaken and medled with the taking up of Variances, and deciding of Controversies betwixt disagreeing and contentious Parties, Pleaders as you know.

Saepe solet similis filius esse patri. Et sequitur levitèr filia matris iter.

Ut ait gloss. vi, quaest. I. C. siquis g. de cons∣disc. v. C. 2. fin. & est. int. per dict. cod. de im∣pu. & aliis substit. L. vir. & L. Legitimae. F. de stat. hom. gloss. in L. quod si nolit. de adi L. quisquis C. ad leg. Iure Majest. excipio filius à moniali susceptos ex Monacho per gloss. in C. impudicas 27 quaestione. And such was his Confidence to have no worse Success than his Father, he assumed unto himself the Title of Law-strife-setler. He was like∣ways in these pacificatory Negotiations so active and vigilant; for Vigilantibus Iu∣ra subveniunt ex L. pupillus F. quae in fraud. ••red & ibi L. non enim & instit. m. proaem. That when he had smelt, heard, and ful∣ly understood; ut F. si quando paufec. L. Agaso q. in verbo offecit, id est nasum ad cu∣lum posuit. That there was any where in the Country a debatable matter at Law, he would incontinently thrust in his Ad∣vice, and so forwardly intrude his Opini∣on in the business, that he made no Bones

of making offer, and taking upon him to decide it, how difficult soever it might happen to be, to the full Contentment and Satisfaction of both Parties: It is written, Qui non laborat non mand••cat. And the said Gl. F. de damn. infect. L. si quam∣vis: And Currere plus que lae pas vetulam compellit egestas. Gloss. F. de lib. agnosco. L. si quis pro quo facit. L. si plures C. de Codd in∣cert. But so huge great was his Misfor∣tune in this his Undertaking, that he ne∣ver composed any difference, how little soever you may imagine it might have been, but that instead of reconciling the Parties at odds, he did incense, irritate and exasperate them to a higher point of Dissention and Enmity than ever they were at before. Your Worships know I doubt not that,

Sermo datur cunctis animi sapien••ia paucis.

Gl. F. de alien. in mun. caus. fa. lib. 2. This ad∣ministred unto the Tavern-keepers, Wine∣drawers and Vintners of Smerva an occasion to say, that under him they had not in the space of a whole year so much Reconciliation-Wine (for so were they pleased to call the good Wine of Leguge) as under his Father they had done in one half hours time. It hapned a little while thereafter, that

he made a most heavy regret thereof to his Father, attributing the Causes of his bad Success in pacificatory Enterprizes to the Perversity, Stubbornness, froward, cross and backward Inclinations of the People of his time, roundly, boldly and irreverently upbraiding, that if but a score of Years before the World had been so wayward, obstinate, pervicacious, impla∣cable, and out of all Square, Frame and Order as it was then, his Father had ne∣ver attained to, and acquired the Honour and Title of Strife-appeaser, so irrefraga∣bly, inviolably and irrevocably as he hath done; in doing whereof Tenot did hei∣hously transgress against the Law which prohibiteth Children to reproach the Acti∣ons of their Parents. Per gl. & Barth. L. 3. par agr. si quis F. de cond. ob caus. & au∣thent. de Nupt. par sed quod sancitum Col. 3. ment. To this the honest old Father an∣swered thus: My Son Dandin, when Don oportet taketh place, this is the course which we must trace, Gl. C. de Appel. L. eos etiam: For the Road that you went upon was not the way to the Fullers Mill, nor in any part thereof was the Form to be sound wherein the Hare did sit. Thou hast not the skill and dexterity of setling and com∣posing Differences. Why? Because thou takest them at the beginning, in the

very Infancy and Bud as it were, when they are green, raw, and indigestible; yet I know handsomly and featly how to compose and settle them all. Why? Be∣cause I take them at their Decadence, in their Weaning, and when they are pretty well digested. So saith Gl. dulcior est fru∣ctus post multa pericula ductus. L. non morittu∣rus C. de contrahend. & comit. stip. Didst thou ever hear the vulgar Proverb, Hap∣py is the Physician whose coming is desired at the declension of a Disease? For the Sickness being come to a Crisis, is then upon the decreasing hand, and drawing towards an end, although the Physician should not repair thither for the Cure thereof; whereby though Nature wholly do the Work, he bears away the Palm and Praise thereof. My Pleaders after the same man∣ner, before I did interpose my Judgment in the reconciling of them, were waxing faint in their Contestations, their Alterca∣tion Heat was much abated, and in decli∣ning from their former Strife, they of themselves inclined to a firm Accommo∣dation of their Differences; because there wanted Fuel to that Fire of burning, Rancour and despightful Wrangling, whereof the lower sort of Lawyers were the Kindlers: That is to say, their Pur∣ses were emptied of Coin, they had no••

a Win in their Fab, nor Penny in their Bag, wherewith to sollicit and present their Actions.

Deficiente pecu deficit omne, nia.

There wanted then nothing but some Brother to supply the place of a Paru∣nymph, Braul broker, Proxenete or Me∣diator, who acting his part dextrously, should be the first Broacher of the Moti∣on of an Agreement, for saving both the one and the other Party from that hurt∣ful and pernicious Shame, whereof he could not have avoided the Imputation, when it should have been said, that he was the first who yielded and spoke of a Re∣concilement; and that therefore his Cause not being good, and being sensible where his Shoe did pinch him, was willing to break the Ice, and make the greater haste to prepare the way for a Condescend∣ment to an amicable and friendly Treaty. Then was it that I came in pudding time, (Dandin my Son) nor is the fat of Bacon more relishing to boiled Pease, than was my Verdict then agreeable to them: This was my Luck, my Profit and good For∣tune. I tell thee, my Jolly Son Dandin, that by this Rule and Method I could set∣tle a firm Peace, or at least clap up a Ces∣sation

of Arms and Truce for many years to come betwixt the Great King and the Ve∣netian State; the Emperor and the Cantons of Swisserland; the English and the Scots; and betwixt the Pope and the Ferrarians. Shall I go yet further: Yea, as I would have God to help me, betwixt the Turk and the So∣phy, the Tartars and the Muscoviters▪ Re∣mark well what I am to say unto thee, I would take them at that very instant nick of time, when both those of the one and the other side should be weary and tired of making War, when they had voided and emptied their own Cas••••es and Coffers of all Treasure and Coin, drained and exhausted the Purses and Bags of their Subjects, sold and morgaged their Domains and proper Inheritances, and totally wast∣ed, spent and consumed the Munition, Furniture, Provision and Victuals that were necessary for the continuance of a Military Expedition. There I am sure, by God, or by his Mother, that would they, would they, in spight of all their Teeths, they should be forced to take a little Respit and Breathing time, to mo∣derate the Fury and cruel Rage of their ambitious Aims. This is the Doctrine in Gl. 37. d. c. si quando.

Odero, si potero, si non invitus amalio.