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Chapter 71 chapter Ten

巨人传 弗朗索瓦·拉伯雷 3253Words 2018-03-21
Everyone admired how justly Paiguguet judged a case so complex and difficult to deal with. Grande Guai firmly remembered the words and lessons in his father's letters, and planned to find a day to test his knowledge. He asked people to post 9,764 academic debate announcements on various crossroads in the city, covering all kinds of subjects, including the most difficult problems in any subject. First, he had a public debate with all the professors, students of the Academy of Arts, and orators on Caoshi Street③. As a result, they were all dumbfounded and couldn't answer correctly.Later, at Solpond, I debated with all the theologians for six weeks, from four o'clock in the morning to six o'clock in the evening, with only two hours for eating and resting in between.

Most of the princes of the palace were present, ministers of state, ministers, counselors, auditors, deputies, judicial officers, etc., all the officials of the city, and the doctors and masters of canon law.Most of these people lost their tempers, and, in spite of all sophistry and cunning, were refuted one by one by Panagure, who had evidently made them understand that they were but skirts. The stupid cow ⑥. From then on, everyone began to talk and talk about his profound knowledge, and even women who washed clothes, worked as matchmakers, grilled meat, sharpened knives, etc., would say, "That's him!" He was as proud of this as Demosthenes, king of the Greek orators, when he saw an old woman squatting on the ground pointing at him and saying, "It is he!"

It so happened that at this time, there was a lawsuit in court between two great men, the plaintiff was Monsieur de Baizcur and the defendant was Monsieur de Humoina.Their dispute, legally speaking, is so advanced and complex that the Supreme Court simply cannot understand it.Therefore, in accordance with the king's will, four of the most knowledgeable and prestigious experts of the French National Court were summoned, together with the Supreme Court ④ and the main professors of various universities, not only from France, but even from Britain and Italy, such as Yazong ⑤ , Philip? Decius ⑥, Peter? de Betronibus ⑦, and many, many other old jurists.They studied together for forty-six weeks, but they still didn't understand the case clearly, and they didn't understand the case. As a result, they all felt very embarrassed and felt ashamed.

But among these there was one named Du Douai, who was the most learned, the wisest, and the most prudent of them all.One day, when everyone's brains couldn't move, he said to everyone: ① On the first edition in 1532, here is "more admirable than Solomon's judgment". ② This is a fashion in the Middle Ages. Scholars who hold public defenses post announcements in advance, put forward their own subjects and conclusions, and then accept questions and debates from others.In the 15th century, the Italian scholar Bigus de la Miranda became famous for posting 900 academic debate notices.

③ At that time, grass was laid on the floor of the classroom for students to sit on. "Caoshi Street" refers to the Academy of Arts on Caoshi Street. ④ That is, the University of Paris, which was a seminary at that time. ⑤ On the first edition in 1532, there is also: In order not to prevent the theological masters of Solpon from drinking as usual. ⑥ In ancient times, scholars and judicial officials often wore robes, and their lower bodies looked like skirts. ① See Cicero: Chapter 36 of the fifth volume of "Tusculanis". ② "Baizgul" means "ass licking".

③ "Yumowana" means "eat fart". ④ The "Supreme Court" was founded by Charles VIII in 1497. ⑤ Yazong (1485-519): that is, the Padua jurist Mainus, the commentator of "Roman Law". ⑥ Philip Daisius: Professor of law in Pisa and Bavia, later appointed as a judge of the Supreme Court of Louis XII, died in Vienna in 1535. ⑦ "Betronibus", which means "stupid", may be a fictional name of the author. ① Du Douai: that is, Brion Fanley, a judge of the Bordeaux court, a sympathizer of humanism, and a friend of the author, died in 1544.

"Everyone, we have been here for a long time, and we have done nothing except waste money. We have not been able to find out the details of this case, so the more we study, the less we understand. This is our great shame. And a heavy burden on conscience, in my opinion, our reputation must be bad here, because our discussion is like a daydream. However, I have a humble opinion here. Everyone here has heard of a A man called Grande Guay? It is said that his knowledge is considered to be far ahead of his time in large-scale public academic debates. I suggest that he be invited to discuss this matter with him. Because if he can't do it, nobody can do it."

All judges and scholars agreed with his proposal. So he sent immediately to see Paiguguet, and asked him to study the case carefully, analyze it clearly, and give his opinion to the court according to the legal point of view that he thought to be correct.They wrapped up all the files and handed them over to him. The volume was so large that it almost took four big donkeys to carry it.But Paiguguay said to them: "Gentlemen, are the two suing masters still alive?" They told him he was alive. Paiguguet said: "Then, what's the use of sending such a pile of waste papers and manuscripts? To listen to their own arguments is no better than reading these monkey tricks, deceitful stories, and Zabola. ② How good is the ghost rule and the law that reverses the truth? Because I believe that you and all those who have handled this case have already done everything that pro et contra ③ can do. One thing is clear and easy to judge. The case of Agurtius, Bardus, Bardolus, De Castro, De Imola, Hippolytus, Banormitano, , Bertaccino, Alexander⑦, Gurtius⑧, etc., etc., and a bunch of other old people who don't understand Jurisprudence at all, they just Some tithe-fed calves know nothing of what is necessary to know the law.

"Because (obviously) they don't know Greek or Latin, they only know something out of shape⑩ and illogical. Actually, the law comes first from the Greeks, and you can Take the works of Urboianus (11): 1.posteriori De orig.juris (12) as proof, all the laws are all Greek idioms and vocabulary, secondly, the laws are the most neat and elegant in the Latin language family of Latin, including Salluster (13), Philo (14), Cicero, Seneca, Teeter Levy, and Gantilion. How can these befuddled old men Can they understand the text of the law? They have never seen a good Latin book, and their own text is a good explanation. It is completely chimney-digging, cooking, and fire-burning. ?

"Besides, the law is extracted from ethics and natural science. How can these old lunatics understand it? To be honest, they don't know as much as my mule. As for the so-called humanities, as well as ancient times and history. Knowledge, they are even more ignorant, but the law is full of the classics of the above-mentioned knowledge. ② Chabola: Italian jurist in the fifteenth century, author of "Legal Interpretation". ③ Latin: "two sides", here refers to the plaintiff and the defendant. ① Baldus (1324-400): Italian jurist. ② Bardolus (1313-357): Italian jurist, known as "the light of law".

③ De Castro: Famous Italian jurist in the fifteenth century. ④ De Imola: Italian jurist in the early sixteenth century. ⑤ Hippolytus: Liminaltus, an Italian jurist in the fourteenth century. ⑥ Banolmitano: Italian jurist in the fourteenth century. ⑦ Alexander: Refers to Alexander Tartanus, a jurist of the fifteenth century. ⑧ Gursius: A student of the jurist Yazong. ⑨ One-tenth of the farmers' income must be paid to the church or prince. ⑩ The original text is: "Gothic and Barbary", which means those medieval legal commentaries that Roland Ferrat called "Kitchen Latin". Therefore, without this knowledge, no one can understand them.In a few days, I will openly discuss it with you in writing. "Therefore, if you are willing to make me understand this case, first, burn all these documents for me first; Opinions tell you, never tell lies, never cover up." Some of them objected to this matter. You all know that in any group, there are always more fools than wise people, and better opinions are always suppressed by the majority. That's what the Taiki people said in the time.But that same Du Douai, said above, insisted on the contrary, and said that Paguguet was quite right, that these records, investigations, arguments, evidences, rebuttals, and other such things as these It can only turn right from wrong and prolong the lawsuit.Let the devil take them all if they cannot be dealt with in another way, that is to say, according to the just judgment of truth and science. Finally, all the files were burned, and the two prominent litigants were called to appear in person.Paiguguay asked them: "Is this complicated case the two of you?" "Yes, sir;" they answered in unison. "Which one is the plaintiff?" "It is I," said Monsieur de Baizcur. "Then, my friend, tell me the story, point by point, according to the facts; for, by God, if you speak a word of nonsense, I'll cut off your head from the shoulders , I want you to know that in front of justice and judges, you are only allowed to tell the truth, and you are not allowed to lie. Therefore, you have to be careful, and you are neither allowed to exaggerate nor narrow your confession. Now you speak." ① See Tit Levy's "Roman History" Volume 21, Chapter 4: "Under normal circumstances, better opinions are always suppressed by the majority."
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