How Pantagruel was present at the trial of Judge Bridlegoose, who decided1 causes and controversies2 in law by the chance and fortune of the dice3.
On the day following, precisely4 at the hour appointed, Pantagruel came to Mirelingues. 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, arguments, and reasons which Bridlegoose in his own defence would produce, why he had pronounced a certain sentence against the subsidy-assessor, Toucheronde, which did not seem very equitable5 to that centumviral court. Pantagruel very willingly condescended6 to their desire, and accordingly entering in, found Bridlegoose sitting within the middle of the enclosure of the said court of justice; who immediately upon the coming of Pantagruel, accompanied with the senatorian members of that worshipful judicatory, arose, went to the bar, had his indictment7 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 dimmer than it was wont8 to be; instancing therewithal many miseries9 and calamities10 which old age bringeth along with it, and are concomitant to wrinkled elders; which not. per Archid. d. lxxxvi. c. tanta. By reason of which infirmity he was not able so distinctly and clearly to discern the points and blots11 of the dice as formerly12 he had been accustomed to do; whence it might very well have happened, said he, as old dim-sighted Isaac took Jacob for Esau, that I after the same manner, at the decision of causes and controversies in law, should have been mistaken in taking a quatre for a cinque, or a trey for a deuce. This I beseech13 your worships, quoth he, to take into your serious consideration, and to have the more favourable14 opinion of my uprightness, notwithstanding the prevarication15 whereof I am accused in the matter of Toucheronde’s sentence, that at the time of that decree’s pronouncing I only had made use of my small dice; and your worships, said he, know very well how by the most authentic16 rules of the law it is provided that the imperfections of nature should never be imputed17 unto any for crimes and transgressions18; as appeareth, ff. de re milit. l. qui cum uno. ff. de reg. Jur. l. fere. ff. de aedil. edict. per totum. ff. de term. mod. l. Divus Adrianus, resolved by Lud. Rom. in l. si vero. ff. Sol. Matr. And who would offer to do otherwise, should not thereby19 accuse the man, but nature, and the all-seeing providence20 of God, as is evident in l. Maximum Vitium, c. de lib. praeter.
What kind of dice, quoth Trinquamelle, grand-president of the said court, do you mean, my friend Bridlegoose? The dice, quoth Bridlegoose, of sentences at law, decrees, and peremptory21 judgments22, Alea Judiciorum, whereof is written, Per Doct. 26. qu. 2. cap. sort. l. nec emptio ff. de contrahend. empt. l. quod debetur. ff. de pecul. et ibi Bartol., 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 thereof by D. Henri. Ferrandat, et not. gl. in c. fin24. de sortil. et l. sed cum ambo. ff. de jud. Ubi Docto. Mark, that chance and fortune are good, honest, profitable, and necessary for ending of and putting a final closure to dissensions and debates in suits at law. The same hath more clearly been declared by Bald. Bartol. et Alex. c. communia de leg. l. Si duo. But how is it that you do these things? asked Trinquamelle. I very briefly25, quoth Bridlegoose, shall answer you, according to the doctrine26 and instructions of Leg. ampliorem para. in refutatoriis. c. de appel.; which is conform to what is said in Gloss27 l. I. ff. quod met. causa. 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. in c. ex literis et ibi innoc. For having well and exactly seen, surveyed, overlooked, reviewed, recognized, read, and read over again, turned and tossed over, seriously perused28 and examined the bills of complaint, accusations29, impeachments30, indictments31, warnings, citations32, summonings, comparitions, appearances, mandates33, commissions, delegations34, instructions, informations, inquests, preparatories, productions, evidences, proofs, allegations, depositions35, cross speeches, contradictions, supplications, requests, petitions, inquiries38, instruments of the deposition36 of witnesses, rejoinders, replies, confirmations39 of former assertions, duplies, triplies, answers to rejoinders, writings, deeds, reproaches, disabling of exceptions taken, grievances40, salvation41 bills, re-examination of witnesses, confronting of them together, declarations, denunciations, libels, certificates, royal missives, letters of appeal, letters of attorney, instruments of compulsion, delineatories, anticipatories, evocations, messages, dimissions, issues, exceptions, dilatory42 pleas, demurs43, compositions, injunctions, reliefs, reports, returns, confessions44, acknowledgments, exploits, executions, and other such-like confects and spiceries, both at the one and the other side, as a good judge ought to do, conform to what hath been noted45 thereupon. Spec. de ordination46. Paragr. 3. et Tit. de Offi. omn. jud. paragr. fin. et de rescriptis praesentat. parag. I.— I posit37 on the end of a table in my closet all the pokes47 and bags of the defendant48, 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. ff. de reg. jur. et in cap. cum sunt eod. tit. lib. 6, which saith, Quum sunt partium jura obscura, reo potius favendum est quam actori. That being done, I thereafter lay down upon the other end of the same table the bags and satchels49 of the plaintiff, as your other worships are accustomed to do, visum visu, just over against one another; for Opposita juxta se posita clarius elucescunt: ut not. in lib. I. parag. Videamus. ff. de his qui sunt sui vel alieni juris, et in l. munerum. para. mixta ff. de mun. et hon. Then do I likewise and semblably throw the dice for him, and forthwith livre him his chance. But, quoth Trinquamelle, 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 parties? 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 obedience50 to the law, Semper in stipulationibus ff. de reg. jur. And the law ver(s)ified versifieth that, Eod. tit. Semper in obscuris quod minimum est sequimur; canonized in c. in obscuris. eod. 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 Trinquamelle, how do you, my friend, award your decrees, and pronounce judgment23? 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, ff. qui pot. in pign. l. creditor51, c. de consul52. I. Et de regul. jur. in 6. Qui prior est tempore potior est jure.
1 decided | |
adj.决定了的,坚决的;明显的,明确的 | |
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2 controversies | |
争论 | |
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3 dice | |
n.骰子;vt.把(食物)切成小方块,冒险 | |
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4 precisely | |
adv.恰好,正好,精确地,细致地 | |
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5 equitable | |
adj.公平的;公正的 | |
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6 condescended | |
屈尊,俯就( condescend的过去式和过去分词 ); 故意表示和蔼可亲 | |
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7 indictment | |
n.起诉;诉状 | |
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8 wont | |
adj.习惯于;v.习惯;n.习惯 | |
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9 miseries | |
n.痛苦( misery的名词复数 );痛苦的事;穷困;常发牢骚的人 | |
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10 calamities | |
n.灾祸,灾难( calamity的名词复数 );不幸之事 | |
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11 blots | |
污渍( blot的名词复数 ); 墨水渍; 错事; 污点 | |
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12 formerly | |
adv.从前,以前 | |
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13 beseech | |
v.祈求,恳求 | |
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14 favourable | |
adj.赞成的,称赞的,有利的,良好的,顺利的 | |
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15 prevarication | |
n.支吾;搪塞;说谎;有枝有叶 | |
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16 authentic | |
a.真的,真正的;可靠的,可信的,有根据的 | |
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17 imputed | |
v.把(错误等)归咎于( impute的过去式和过去分词 ) | |
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18 transgressions | |
n.违反,违法,罪过( transgression的名词复数 ) | |
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19 thereby | |
adv.因此,从而 | |
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20 providence | |
n.深谋远虑,天道,天意;远见;节约;上帝 | |
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21 peremptory | |
adj.紧急的,专横的,断然的 | |
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22 judgments | |
判断( judgment的名词复数 ); 鉴定; 评价; 审判 | |
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23 judgment | |
n.审判;判断力,识别力,看法,意见 | |
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24 fin | |
n.鳍;(飞机的)安定翼 | |
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25 briefly | |
adv.简单地,简短地 | |
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26 doctrine | |
n.教义;主义;学说 | |
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27 gloss | |
n.光泽,光滑;虚饰;注释;vt.加光泽于;掩饰 | |
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28 perused | |
v.读(某篇文字)( peruse的过去式和过去分词 );(尤指)细阅;审阅;匆匆读或心不在焉地浏览(某篇文字) | |
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29 accusations | |
n.指责( accusation的名词复数 );指控;控告;(被告发、控告的)罪名 | |
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30 impeachments | |
n.控告( impeachment的名词复数 );检举;弹劾;怀疑 | |
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31 indictments | |
n.(制度、社会等的)衰败迹象( indictment的名词复数 );刑事起诉书;公诉书;控告 | |
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32 citations | |
n.引用( citation的名词复数 );引证;引文;表扬 | |
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33 mandates | |
托管(mandate的第三人称单数形式) | |
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34 delegations | |
n.代表团( delegation的名词复数 );委托,委派 | |
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35 depositions | |
沉积(物)( deposition的名词复数 ); (在法庭上的)宣誓作证; 处置; 罢免 | |
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36 deposition | |
n.免职,罢官;作证;沉淀;沉淀物 | |
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37 posit | |
v.假定,认为 | |
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38 inquiries | |
n.调查( inquiry的名词复数 );疑问;探究;打听 | |
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39 confirmations | |
证实( confirmation的名词复数 ); 证据; 确认; (基督教中的)坚信礼 | |
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40 grievances | |
n.委屈( grievance的名词复数 );苦衷;不满;牢骚 | |
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41 salvation | |
n.(尤指基督)救世,超度,拯救,解困 | |
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42 dilatory | |
adj.迟缓的,不慌不忙的 | |
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43 demurs | |
v.表示异议,反对( demur的第三人称单数 ) | |
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44 confessions | |
n.承认( confession的名词复数 );自首;声明;(向神父的)忏悔 | |
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45 noted | |
adj.著名的,知名的 | |
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46 ordination | |
n.授任圣职 | |
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47 pokes | |
v.伸出( poke的第三人称单数 );戳出;拨弄;与(某人)性交 | |
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48 defendant | |
n.被告;adj.处于被告地位的 | |
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49 satchels | |
n.书包( satchel的名词复数 ) | |
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50 obedience | |
n.服从,顺从 | |
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51 creditor | |
n.债仅人,债主,贷方 | |
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52 consul | |
n.领事;执政官 | |
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