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. XLII. How Suits at Law are bred at first, and how they come afterwards to their perfect growth. (Book 42)

FOR this Cause (quoth Bridlegoose) go∣ing on in his Discourse, I temporise and apply my self to the Times, as your other Worships use to do, waiting patient∣ly for the Maturity of the Process, full Growth and Perfection thereof in all its Members; to wit, the Writings and the Bags. Arg. in L. fin. Major. C. commodus, & de cons. de 1. c. solemnitates, & ibi gl. A Suit in Law at its Production, Birth and first beginning, seemeth to me as unto your other Worships, shapeless, without Form or Fashion, incompleat, ugly and im∣perfect, even as a Bare, at his first coming into the World, hath neither Hands, Skin, Hair nor Head, but is meerly an inform, rude and ill-favoured peice and lump of Flesh; and would remain still so, if his Dam out of the abundance of her Affe∣ction to her hopeful Cub, did not with

much liking put his Members into that Figure and shape which Nature had pro∣vided for those of an Arctick and Ursinal kind. Ut Not. Doct. F. ad L. aliquia 2. in si. Just so when I see, as your other Worships do, Processes and Suits in Law at their first bringing forth, to be num∣berless, without shape, deformed and dis∣figured; for that then they consist only of one or two Writings, or Copies of In∣struments, through which Defect they appear unto me as to your other Wor∣ships, foul, loathsom, filthy and mis-sha∣pen Beasts. But when there are Heaps of these Legiformal Papers packed, piled, laid up together, impoaked, insacheled, and put up in Bags, then is it that with a good reason we may term that Suit; to which, as pieces, parcels, parts, porti∣ons and members thereof, they do per∣tain and belong, well-formed and fashion∣ed, big limmed, strong set, and in all and each of its Dimensions most compleatly membred: Because forma dat. esse. rei L. si is qui F. ad leg. falcid. in C. cum delicta extra de rescript. Barbaria consil. Lib. 2. And be∣fore him, Balsus in C. ult. extra decons. & L. Iulianus exhib. & F. ad L. quaesitum F. de leg. 3. The manner is such as is set down in gl. p. quaest. 1 C. Paulus.

Debile principiam melior fortuna sequetur.

Like your other Worships, also the Sergeants, Catchpoles, Pursevants, Mes∣sengers, Summoners, Apparitors, Ushers, Door-keepers, Pettifoggers, Attorneys, Proctors, Commissioners, Justices of the Peace, Judge Delegates, Arbitrators, O∣verseers, Sequestrators, Advocates, Inquisi∣tors, Jurors, Searchers, Examiners, Notaries, Tabellions, Scribes, Scriveners, Clerks, Preg∣natories, Secondaries, and Expedanean Judges, de quibus tit. est L. 3. C. by sucking very much, and that exceeding forcibly, and licking at the Purses of the pleading Parties, they, to the Suits already begot and engendred, form, fashion and frame Head, Feet, Claws, Talons, Beaks, Bills, Teeth, Hands, Veins, Sinews, Arteries, Muscles, Humours, and so forth, through all the Simulary and Dissimilary Parts of the whole; which Parts, Particles, Pen∣dicles and Appurtenances, are the Law. poaks and Bags, Gl. de Cons. d. 3. C. acce∣pisti qualis vestis erit, talia cornua gerit. Hic notandum est. That in this respect the Pleaders, Litigants and Law-Suiters are happier than the Officers, Ministers and Administrators of Justice: For beatus est dare quam accipere. F. Com. L. 3. extra de

celcb. Miss. cum Matthae & 24. Quaest. 1. Cap. Od. Gl.

Affectum dantis pensat censura tonantis.

Thus becometh the Action or Process, by their care and industry, to be of a com∣pleat and goodly bulk, well shaped, ••••••∣med, formed, and fashioned according to the Canonical Gloss.

Accipe, sume, cape, sunt verba placentia Papae.

Which Speech hath been more clearly explained by Alb. de Res. in verbo Roma.

Roma manus rodit, quas rodere non valet, odit. Dantes custodit, non dantes spernit, & odit.

The Reason whereof is thought to be this:

Ad praesens ova, cras pullis sunt meliora.

Ut est Gl. in L. quum H. F. de Transact. Nor is this all, for the inconvenience of the contrary is set down in H. C. de Allu. L. F.

Quum labor in damno est, crescit mortalis eg est as.

In confirmation whereof we find, that the true Etymology and Exposition of the word Process is Purchase, viz. of good store of Money to the Lawyers, and of many Poaks, id est, Prou-Sacks, to the Pleaders, upon which Subject we have most Coele∣stial Quips, Gybes, and Girds.

Litigando jura crescunt, litigando jus ac∣quiritur.

Item Gl. in Cap. illud extrem. de praesumpt. &C. de prob. L. instram. L. non Epistolis L. non ••udis.

Et si non prosunt singula, multa juvant.

Yea, but (asked Trinquamelle) how do you proceed, (my Friend) in Criminal Causes, the culpable and guilty Party being taken and seized upon, Flagrante Crimine? Even as your other Worships use to do (answer∣ed Bridlegoose): First, I permit the Plain∣tiff to depart from the Court, enjoyning him not to presume to return thither, till he preallably, should have taken a good sound and profound Sleep, which is to

serve for the prime Entry and Introduction to the Legal carrying on of the Business. In the next place, a formal Report is to be made to me of his having slept. Third∣ly, I issue forth a Warrant to convent him before me. Fourthly, He is to produce a sufficient and authentick Attestation, of his having thoroughly and entirely sleeped, conform to the Gloss. 22. Quest. 7. Si quis cum.

Quandoque bonus dormitat Homerus.

Being thus far advanced in the Forma∣lity of the Process, I find that this Con∣sopiating Act engendreth another Act, whence ariseth the articulating of a Mem∣ber; that again produceth a Third Act, fashionative of another Member; which Third bringing forth a Fourth, Procrea∣tive of another Act: New Members in a no fewer Number are shapen and framed, one still breeding, and begetting another (as Link after Link, the Coat of Mail at length is made) till thus, Piece after Piece, by little and little, like Information upon Information, the Process be compleatly well formed, and perfect in all his Mem∣bers. Finally, having proceeded this length, I have recourse to my Dice nor is it to be thought, that this interruption, re∣spit,

or interpellation, is by me occasioned without very good reason inducing me thereunto, and a notable Experience of a most convincing and irrefragable force.

I remember, on a time, that in the Camp at Stockholm, there was a certain Gaseon named Gratianauld, Native of the Town of Saint Sever, who having lost all his Money at Play, and consecutively be∣ing very angry thereat, as you know, Pe∣cunia est alius sanguis ut ait Anto. de Burtio, MC. accedens 2. extra ut lit. non contest & Bald. in L. si tuis C. de op. Lib. per not. & L. advocati. C. de advo. diu. Iud. pecunia est vita hominis & optimus fide jusser in necessita∣tibus: Did, at his coming forth of the Gaming-House, in the presence of the whole Company that was there, with a very loud Voice, speak in his own Lan∣guage these following words: Pap. cap. de bious nillots que maux depipes rous tresire: aresque de pergudes sont les mires bingt, & quovatre bagnelles, ta pla donne rien pies cruz & Patacts, Scy de Gum de bons aulx, qui boille trequar ambe Iou à Belsambiz. Find∣ing that none would make him any An∣swer, he passed from thence to that part of the Leaguer, where the huff, snuff, honder-sponder, swash-buckling High Ger∣mans were, to whom he renewed these very Terms, provoking them to fight with

him; but all the Return he had from them to his stout Challenge, was only, Der Gasconner that schich, usz. mitt. cim. iedem zesclage aberer ist genegrer au stac••e•• darum liebem fram ve hend serg au inverm hausraut. Finding also, that none of that Band of Teutonick Soldiers offered himself to the Combat; he passed to that Quarter of the Leaguer where the French Free-booting Adventures were encamped, and reitera∣ting unto them, what he had before re∣peated to the Dutch Warriours, challen∣ged them likewise to fight with him, and therewithal made some pretty little Gasco∣nado frisking Gambols, to oblige them the more cheerfully and gallantly to cope with him in the Lists of a Duellizing Engage∣ment; but no Answer at all was made un∣to him. Whereupon the Gascon despair∣ing of meeting with any Antagonists, de∣parted from thence, and laying himself down, not far from the Pavilions of the grand Christian Cavalier, Crissie fell fast asleep. When he had throughly sleeped an hour or two, another adventurous and all hazarding Blade of the Forlorn Hope of the lavishingly wasting Gamesters, ha∣ving also lost all his Moneys, sallied forth with a Sword in his Hand, of a firm Reso∣lution to fight with the aforesaid Gascon, seeing he had lost as well as he.

Ploratur lachrymis amissa pecunia veris.

Saith the Gl. de poenitent. distinct. 2. C. sunt plures. To this effect having made en∣quiry and search for him throughout the whole Camp, and in sequel thereof found him asleep, he said unto him, Up, ho, good Fellow, in Name of all the Devils of Hell rise up, rise up, get up; I have lost my Money as well as thou hast done, let us therefore go fight lustily together, grap∣ple and scuffle it to some purpose: Thou may'st see that; and look, my Tuck is no longer then thy Rapier. The Gascon altogether astonished at his unexpected provocation, without altering his former Dialect, spoke thus: Cap de Saint Arnault, qu'au segs tu qui me rebeillez? Que mande taberne te gire: Ho Saint Siobe Cab. de Ga∣scoigne tapla do my Iou, quand à quest ta quam me bringu estae. The ventrous Royster in∣viteth him again to the Duel; but the Gascon, without condescending to his de∣sire, said only this: Hepauvres Iet' esqui∣nerie ares que son plat reposat: vene impaur que te pansat comme Iou peusse truquete. Thus in forgetting his loss, he forgot the eager∣ness which he had to fight. In conclusi∣on, after that the other had likeways steeped a little, they instead of fighting,

and possibly killing one another, went joyntly to a Sutler's Tent, where they drank together very amicably, each upon the pawn of his Sword. Thus by a little Sleep was pacified the ardent fury of two warlike Champions. There, Gossip, comes the Golden Word of Ihon Andn. in Cap. ult. de Sent. & rejudio. L. Sexto.

Sedendo, & dormiendo fit anima prudens.