Cover of The Oyster and the Pleaders

One day two pilgrims espied upon the sands of the shore an oyster that had been thrown up by the tide. They devoured it with their eyes whilst pointing at it with their fingers; but whose teeth should deal with it was a matter of dispute.

When one stopped to pick up the prey the other pushed him away saying: "It would be just as well first to decide which of us is to have the pleasure of it. He who first saw it should swallow it, and let the other watch him eat."

"If you settle the affair that way," replied his companion, "I have good eyes, thank God."

"But my sight is not bad either," said the other, "and I saw it before you did, and that I'll stake my life upon."

"Well, suppose you did see it, I smelt it."

During this lively interlude Justice Nincompoop arrived on the scene, and to him they appealed to judge their claims. The justice very gravely took the oyster, opened it, and put it into his mouth, whilst the two claimants looked on. Having deliberately swallowed the oyster, the justice, in the portentous tones of a Lord Chief Justice, said, "The court here awards each of you a shell, without costs. Let each go home peaceably."

Reckon what it costs to go to law in these days. Then count what remains to most families. You will see that Justice Nincompoop draws all the money and leaves only the empty purse and the shells to the litigants.

🧠 Check your understanding

  1. What do the two pilgrims find on the shore?

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    Answer: An oyster washed up by the tide

    They spot an oyster on the sand, thrown up by the tide, and both want to eat it.

  2. Why can't the two pilgrims agree on who should eat the oyster?

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    Answer: Each claims he saw or smelled it first

    Each pilgrim insists his own eyes (or nose) found the oyster first, so the argument drags on.

  3. Who do the pilgrims ask to settle their argument?

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    Answer: A judge named Justice Nincompoop

    They appeal to Justice Nincompoop, who happens to arrive on the scene, to judge their competing claims.

  4. What does Justice Nincompoop actually do with the oyster?

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    Answer: He eats it himself and gives each pilgrim an empty shell

    The justice gravely opens the oyster, swallows it himself, and awards each pilgrim only a shell, "without costs."

  5. What point is the fable making about going to court?

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    Answer: The costs of litigation eat up everything, leaving the people involved with nothing

    The closing lines compare the pilgrims' fate to real lawsuits, where legal costs swallow the prize and leave only "the empty purse and the shells" for those who sued.

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