DAY came after the night of the governor's round; a night which the head-carver passed without sleeping, so were his thoughts of the face and air and beauty of the disguised damsel, while the majordomo spent what was left of it in writing an account to his lord and lady of all Sancho said and did, being as much amazed at his sayings as at his doings, for there was a mixture of shrewdness and simplicity in all his words and deeds. The senor governor got up, and by Doctor Pedro Recio's directions they made him break his fast on a little conserve and four sups of cold water, which Sancho would have readily exchanged for a piece of bread and a bunch of grapes; but seeing there was no help for it, he submitted with no little sorrow of heart and discomfort of stomach; Pedro Recio having persuaded him that light and delicate diet enlivened the wits, and that was what was most essential for persons placed in command and in responsible situations, where they have to employ not only the bodily powers but those of the mind also.
By means of this sophistry Sancho was made to endure hunger, and hunger so keen that in his heart he cursed the government, and even him who had given it to him; however, with his hunger and his conserve he undertook to deliver judgments that day, and the first thing that came before him was a question that was submitted to him by a stranger, in the presence of the majordomo and the other attendants, and it was in these words: "Senor, a large river separated two districts of one and the same lordship- will your worship please to pay attention, for the case is an important and a rather knotty one?
Well then, on this river there was a bridge, and at one end of it a gallows, and a sort of tribunal, where four judges commonly sat to administer the law which the lord of river, bridge and the lordship had enacted, and which was to this effect, 'If anyone crosses by this bridge from one side to the other he shall declare on oath where he is going to and with what object; and if he swears truly, he shall be allowed to pass, but if falsely, he shall be put to death for it by hanging on the gallows erected there, without any remission.' Though the law and its severe penalty were known, many persons crossed, but in their declarations it was easy to see at once they were telling the truth, and the judges let them pass free.
It happened, however, that one man, when they came to take his declaration, swore and said that by the oath he took he was going to die upon that gallows that stood there, and nothing else. The judges held a consultation over the oath, and they said, 'If we let this man pass free he has sworn falsely, and by the law he ought to die; but if we hang him, as he swore he was going to die on that gallows, and therefore swore the truth, by the same law he ought to go free.'
It is asked of your worship, senor governor, what are the judges to do with this man? For they are still in doubt and perplexity; and having heard of your worship's acute and exalted intellect, they have sent me to entreat your worship on their behalf to give your opinion on this very intricate and puzzling case."
To this Sancho made answer, "Indeed those gentlemen the judges that send you to me might have spared themselves the trouble, for I have more of the obtuse than the acute in me; but repeat the case over again, so that I may understand it, and then perhaps I may be able to hit the point."
The querist repeated again and again what he had said before, and then Sancho said, "It seems to me I can set the matter right in a moment, and in this way; the man swears that he is going to die upon the gallows; but if he dies upon it, he has sworn the truth, and by the law enacted deserves to go free and pass over the bridge; but if they don't hang him, then he has sworn falsely, and by the same law deserves to be hanged."
"It is as the senor governor says," said the messenger; "and as regards a complete comprehension of the case, there is nothing left to desire or hesitate about."
"Well then I say," said Sancho, "that of this man they should let pass the part that has sworn truly, and hang the part that has lied; and in this way the conditions of the passage will be fully complied with."
"But then, senor governor," replied the querist, "the man will have to be divided into two parts; and if he is divided of course he will die; and so none of the requirements of the law will be carried out, and it is absolutely necessary to comply with it."
"Look here, my good sir," said Sancho; "either I'm a numskull or else there is the same reason for this passenger dying as for his living and passing over the bridge; for if the truth saves him the falsehood equally condemns him; and that being the case it is my opinion you should say to the gentlemen who sent you to me that as the arguments for condemning him and for absolving him are exactly balanced, they should let him pass freely, as it is always more praiseworthy to do good than to do evil; this I would give signed with my name if I knew how to sign; and what I have said in this case is not out of my own head, but one of the many precepts my master Don Quixote gave me the night before I left to become governor of this island, that came into my mind, and it was this, that when there was any doubt about the justice of a case I should lean to mercy; and it is God's will that I should recollect it now, for it fits this case as if it was made for it."
"That is true," said the majordomo; "and I maintain that Lycurgus himself, who gave laws to the Lacedemonians, could not have pronounced a better decision than the great Panza has given; let the morning's audience close with this, and I will see that the senor governor has dinner entirely to his liking."
"That's all I ask for- fair play," said Sancho; "give me my dinner, and then let it rain cases and questions on me, and I'll despatch them in a twinkling."
The majordomo kept his word, for he felt it against his conscience to kill so wise a governor by hunger; particularly as he intended to have done with him that same night, playing off the last joke he was commissioned to practise upon him.