These words thus spoken, Pantagruel, vailing his cap and making a leg with such a majestic garb as became a person of his paramount degree and eminency, farewelled Trinquamelle, the president and master-speaker of that Mirelinguesian parliament, took his leave of the whole court, and went out of the chamber; at the door whereof finding Panurge, Epistemon, Friar John, and others, he forthwith, attended by them, walked to the outer gate, where all of them immediately took horse to return towards Gargantua. Pantagruel by the way related to them from point to point the manner of Bridlegoose’s sententiating differences at law. Friar John said that he had seen Peter Dandin, and was acquainted with him at that time when he sojourned in the monastery of Fontaine le Comte, under the noble Abbot Ardillon. Gymnast likewise affirmed that he was in the tent of the grand Christian cavalier De Crissie, when the Gascon, after his sleep, made answer to the adventurer. Panurge was somewhat incredulous in the matter of believing that it was morally possible Bridlegoose should have been for such a long space of time so continually fortunate in that aleatory way of deciding law debates. Epistemon said to Pantagruel, Such another story, not much unlike to that in all the circumstances thereof, is vulgarly reported of the provost of Montlehery. In good sooth, such a perpetuity of good luck is to be wondered at. To have hit right twice or thrice in a judgment so given by haphazard might have fallen out well enough, especially in controversies that were ambiguous, intricate, abstruse, perplexed, and obscure.
Chapter 44
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 other 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.