If all fools paced, albeit he be
somewhat
wry-legged, he would
overlay at least a fathom at every rake.
overlay at least a fathom at every rake.
Gargantua and Pantagruel by François Rabelais
Latinized f.
Patriarchal f. Ordinary f.
Original f. Transcendent f.
Loyal f. Rising f.
Episcopal f. Papal f.
Doctoral f. Consistorian f.
Monachal f. Conclavist f.
Fiscal f. Bullist f.
Extravagant f. Synodal f.
Writhed f. Doting and raving f.
Canonical f. Singular and surpassing f.
Such another f. Special and excelling f.
Graduated f. Metaphysical f.
Commensal f. Scatical f.
Primolicentiated f. Predicamental and categoric f.
Train-bearing f. Predicable and enunciatory f.
Supererogating f. Decumane and superlative f.
Collateral f. Dutiful and officious f.
Haunch and side f. Optical and perspective f.
Nestling, ninny, and youngling f. Algoristic f.
Flitting, giddy, and unsteady f. Algebraical f.
Brancher, novice, and cockney f. Cabalistical and Massoretical f.
Haggard, cross, and froward f. Talmudical f.
Gentle, mild, and tractable f. Algamalized f.
Mail-coated f. Compendious f.
Pilfering and purloining f. Abbreviated f.
Tail-grown f. Hyperbolical f.
Grey peckled f. Anatomastical f.
Pleonasmical f. Allegorical f.
Capital f. Tropological f.
Hair-brained f. Micher pincrust f.
Cordial f. Heteroclit f.
Intimate f. Summist f.
Hepatic f. Abridging f.
Cupshotten and swilling f. Morrish f.
Splenetic f. Leaden-sealed f.
Windy f. Mandatory f.
Legitimate f. Compassionate f.
Azymathal f. Titulary f.
Almicantarized f. Crouching, showking, ducking f.
Proportioned f. Grim, stern, harsh, and wayward f.
Chinnified f. Well-hung and timbered f.
Swollen and puffed up f. Ill-clawed, pounced, and pawed f.
Overcockrifedlid and lified f. Well-stoned f.
Corallory f. Crabbed and unpleasing f.
Eastern f. Winded and untainted f.
Sublime f. Kitchen haunting f.
Crimson f. Lofty and stately f.
Ingrained f. Spitrack f.
City f. Architrave f.
Basely accoutred f. Pedestal f.
Mast-headed f. Tetragonal f.
Modal f. Renowned f.
Second notial f. Rheumatic f.
Cheerful and buxom f. Flaunting and braggadocio f.
Solemn f. Egregious f.
Annual f. Humourous and capricious f.
Festival f. Rude, gross, and absurd f.
Recreative f. Large-measured f.
Boorish and counterfeit f. Babble f.
Pleasant f. Down-right f.
Privileged f. Broad-listed f.
Rustical f. Duncical-bearing f.
Proper and peculiar f. Stale and over-worn f.
Ever ready f. Saucy and swaggering f.
Diapasonal f. Full-bulked f.
Resolute f. Gallant and vainglorious f.
Hieroglyphical f. Gorgeous and gaudy f.
Authentic f. Continual and intermitting f.
Worthy f. Rebasing and roundling f.
Precious f. Prototypal and precedenting f.
Fanatic f. Prating f.
Fantastical f. Catechetic f.
Symphatic f. Cacodoxical f.
Panic f. Meridional f.
Limbecked and distilled f. Nocturnal f.
Comportable f. Occidental f.
Wretched and heartless f. Trifling f.
Fooded f. Astrological and figure-flinging f.
Thick and threefold f. Genethliac and horoscopal f.
Damasked f. Knavish f.
Fearney f. Idiot f.
Unleavened f. Blockish f.
Baritonant f. Beetle-headed f.
Pink and spot-powdered f. Grotesque f.
Musket-proof f. Impertinent f.
Pedantic f. Quarrelsome f.
Strouting f. Unmannerly f.
Wood f. Captious and sophistical f.
Greedy f. Soritic f.
Senseless f. Catholoproton f.
Godderlich f. Hoti and Dioti f.
Obstinate f. Alphos and Catati f.
Contradictory f.
Pedagogical f.
Daft f.
Drunken f.
Peevish f.
Prodigal f.
Rash f.
Plodding f.
Pantagruel. If there was any reason why at Rome the Quirinal holiday of
old was called the Feast of Fools, I know not why we may not for the like
cause institute in France the Tribouletic Festivals, to be celebrated and
solemnized over all the land.
Panurge. If all fools carried cruppers.
Pantagruel. If he were the god Fatuus of whom we have already made
mention, the husband of the goddess Fatua, his father would be Good Day,
and his grandmother Good Even.
Panurge.
If all fools paced, albeit he be somewhat wry-legged, he would
overlay at least a fathom at every rake. Let us go toward him without any
further lingering or delay; we shall have, no doubt, some fine resolution
of him. I am ready to go, and long for the issue of our progress
impatiently. I must needs, quoth Pantagruel, according to my former
resolution therein, be present at Bridlegoose's trial. Nevertheless,
whilst I shall be upon my journey towards Mirelingues, which is on the
other side of the river of Loire, I will despatch Carpalin to bring along
with him from Blois the fool Triboulet. Then was Carpalin instantly sent
away, and Pantagruel, at the same time attended by his domestics, Panurge,
Epistemon, Ponocrates, Friar John, Gymnast, Ryzotomus, and others, marched
forward on the high road to Mirelingues.
Chapter 3. XXXIX.
How Pantagruel was present at the trial of Judge Bridlegoose, who decided
causes and controversies in law by the chance and fortune of the dice.
On the day following, precisely 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 equitable to
that centumviral court. Pantagruel very willingly condescended 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 indictment 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 wont to be; instancing therewithal many miseries
and calamities 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 blots of the dice as formerly 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 beseech your worships,
quoth he, to take into your serious consideration, and to have the more
favourable opinion of my uprightness, notwithstanding the prevarication
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 authentic rules of
the law it is provided that the imperfections of nature should never be
imputed unto any for crimes and transgressions; 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
thereby accuse the man, but nature, and the all-seeing providence 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 peremptory judgments, 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. fin. 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
briefly, quoth Bridlegoose, shall answer you, according to the doctrine and
instructions of Leg. ampliorem para. in refutatoriis. c. de appel. ; which
is conform to what is said in Gloss l. 1. 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 perused and examined the bills of complaint,
accusations, impeachments, indictments, warnings, citations, summonings,
comparitions, appearances, mandates, commissions, delegations,
instructions, informations, inquests, preparatories, productions,
evidences, proofs, allegations, depositions, cross speeches,
contradictions, supplications, requests, petitions, inquiries, instruments
of the deposition of witnesses, rejoinders, replies, confirmations of
former assertions, duplies, triplies, answers to rejoinders, writings,
deeds, reproaches, disabling of exceptions taken, grievances, salvation
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,
dilatory pleas, demurs, compositions, injunctions, reliefs, reports,
returns, confessions, 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 noted thereupon. Spec.
de ordination. Paragr. 3. et Tit. de Offi. omn. jud. paragr. fin. et de
rescriptis praesentat. parag. 1. --I posit on the end of a table in my
closet all the pokes and bags of the defendant, 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
satchels 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. 1. 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 obedience 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
judgment? 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. creditor, c. de consul. 1. Et de regul. jur. in
6. Qui prior est tempore potior est jure.
Chapter 3. XL.
How Bridlegoose giveth reasons why he looked upon those law-actions which
he decided by the chance of the dice.
Yea but, quoth Trinquamelle, my friend, seeing it is by the lot, chance,
and throw of the dice that you award your judgments and sentences, why do
not you livre up these fair throws and chances the very same day and hour,
without any further procrastination or delay, that the controverting
party-pleaders appear before you? To what use can those writings serve you,
those papers and other procedures contained in the bags and pokes of the
law-suitors? To the very same use, quoth Bridlegoose, that they serve your
other worships. They are behooveful unto me, and serve my turn in three
things very exquisite, requisite, and authentical. First, for formality
sake, the omission whereof, that it maketh all, whatever is done, to be of
no force nor value, is excellently well proved, by Spec. 1. tit. de instr.
edit. et tit. de rescript. praesent. Besides that, it is not unknown to
you, who have had many more experiments thereof than I, how oftentimes, in
judicial proceedings, the formalities utterly destroy the materialities and
substances of the causes and matters agitated; for Forma mutata, mutatur
substantia. ff. ad exhib. l. Julianus. ff. ad leg. Fal. l. si is qui
quadraginta. Et extra de decim. c. ad audientiam, et de celebrat. miss. c.
in quadam.
Secondly, they are useful and steadable to me, even as unto your other
worships, in lieu of some other honest and healthful exercise. The late
Master Othoman Vadet (Vadere), a prime physician, as you would say, Cod. de
Comit. et Archi. lib.
Patriarchal f. Ordinary f.
Original f. Transcendent f.
Loyal f. Rising f.
Episcopal f. Papal f.
Doctoral f. Consistorian f.
Monachal f. Conclavist f.
Fiscal f. Bullist f.
Extravagant f. Synodal f.
Writhed f. Doting and raving f.
Canonical f. Singular and surpassing f.
Such another f. Special and excelling f.
Graduated f. Metaphysical f.
Commensal f. Scatical f.
Primolicentiated f. Predicamental and categoric f.
Train-bearing f. Predicable and enunciatory f.
Supererogating f. Decumane and superlative f.
Collateral f. Dutiful and officious f.
Haunch and side f. Optical and perspective f.
Nestling, ninny, and youngling f. Algoristic f.
Flitting, giddy, and unsteady f. Algebraical f.
Brancher, novice, and cockney f. Cabalistical and Massoretical f.
Haggard, cross, and froward f. Talmudical f.
Gentle, mild, and tractable f. Algamalized f.
Mail-coated f. Compendious f.
Pilfering and purloining f. Abbreviated f.
Tail-grown f. Hyperbolical f.
Grey peckled f. Anatomastical f.
Pleonasmical f. Allegorical f.
Capital f. Tropological f.
Hair-brained f. Micher pincrust f.
Cordial f. Heteroclit f.
Intimate f. Summist f.
Hepatic f. Abridging f.
Cupshotten and swilling f. Morrish f.
Splenetic f. Leaden-sealed f.
Windy f. Mandatory f.
Legitimate f. Compassionate f.
Azymathal f. Titulary f.
Almicantarized f. Crouching, showking, ducking f.
Proportioned f. Grim, stern, harsh, and wayward f.
Chinnified f. Well-hung and timbered f.
Swollen and puffed up f. Ill-clawed, pounced, and pawed f.
Overcockrifedlid and lified f. Well-stoned f.
Corallory f. Crabbed and unpleasing f.
Eastern f. Winded and untainted f.
Sublime f. Kitchen haunting f.
Crimson f. Lofty and stately f.
Ingrained f. Spitrack f.
City f. Architrave f.
Basely accoutred f. Pedestal f.
Mast-headed f. Tetragonal f.
Modal f. Renowned f.
Second notial f. Rheumatic f.
Cheerful and buxom f. Flaunting and braggadocio f.
Solemn f. Egregious f.
Annual f. Humourous and capricious f.
Festival f. Rude, gross, and absurd f.
Recreative f. Large-measured f.
Boorish and counterfeit f. Babble f.
Pleasant f. Down-right f.
Privileged f. Broad-listed f.
Rustical f. Duncical-bearing f.
Proper and peculiar f. Stale and over-worn f.
Ever ready f. Saucy and swaggering f.
Diapasonal f. Full-bulked f.
Resolute f. Gallant and vainglorious f.
Hieroglyphical f. Gorgeous and gaudy f.
Authentic f. Continual and intermitting f.
Worthy f. Rebasing and roundling f.
Precious f. Prototypal and precedenting f.
Fanatic f. Prating f.
Fantastical f. Catechetic f.
Symphatic f. Cacodoxical f.
Panic f. Meridional f.
Limbecked and distilled f. Nocturnal f.
Comportable f. Occidental f.
Wretched and heartless f. Trifling f.
Fooded f. Astrological and figure-flinging f.
Thick and threefold f. Genethliac and horoscopal f.
Damasked f. Knavish f.
Fearney f. Idiot f.
Unleavened f. Blockish f.
Baritonant f. Beetle-headed f.
Pink and spot-powdered f. Grotesque f.
Musket-proof f. Impertinent f.
Pedantic f. Quarrelsome f.
Strouting f. Unmannerly f.
Wood f. Captious and sophistical f.
Greedy f. Soritic f.
Senseless f. Catholoproton f.
Godderlich f. Hoti and Dioti f.
Obstinate f. Alphos and Catati f.
Contradictory f.
Pedagogical f.
Daft f.
Drunken f.
Peevish f.
Prodigal f.
Rash f.
Plodding f.
Pantagruel. If there was any reason why at Rome the Quirinal holiday of
old was called the Feast of Fools, I know not why we may not for the like
cause institute in France the Tribouletic Festivals, to be celebrated and
solemnized over all the land.
Panurge. If all fools carried cruppers.
Pantagruel. If he were the god Fatuus of whom we have already made
mention, the husband of the goddess Fatua, his father would be Good Day,
and his grandmother Good Even.
Panurge.
If all fools paced, albeit he be somewhat wry-legged, he would
overlay at least a fathom at every rake. Let us go toward him without any
further lingering or delay; we shall have, no doubt, some fine resolution
of him. I am ready to go, and long for the issue of our progress
impatiently. I must needs, quoth Pantagruel, according to my former
resolution therein, be present at Bridlegoose's trial. Nevertheless,
whilst I shall be upon my journey towards Mirelingues, which is on the
other side of the river of Loire, I will despatch Carpalin to bring along
with him from Blois the fool Triboulet. Then was Carpalin instantly sent
away, and Pantagruel, at the same time attended by his domestics, Panurge,
Epistemon, Ponocrates, Friar John, Gymnast, Ryzotomus, and others, marched
forward on the high road to Mirelingues.
Chapter 3. XXXIX.
How Pantagruel was present at the trial of Judge Bridlegoose, who decided
causes and controversies in law by the chance and fortune of the dice.
On the day following, precisely 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 equitable to
that centumviral court. Pantagruel very willingly condescended 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 indictment 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 wont to be; instancing therewithal many miseries
and calamities 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 blots of the dice as formerly 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 beseech your worships,
quoth he, to take into your serious consideration, and to have the more
favourable opinion of my uprightness, notwithstanding the prevarication
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 authentic rules of
the law it is provided that the imperfections of nature should never be
imputed unto any for crimes and transgressions; 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
thereby accuse the man, but nature, and the all-seeing providence 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 peremptory judgments, 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. fin. 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
briefly, quoth Bridlegoose, shall answer you, according to the doctrine and
instructions of Leg. ampliorem para. in refutatoriis. c. de appel. ; which
is conform to what is said in Gloss l. 1. 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 perused and examined the bills of complaint,
accusations, impeachments, indictments, warnings, citations, summonings,
comparitions, appearances, mandates, commissions, delegations,
instructions, informations, inquests, preparatories, productions,
evidences, proofs, allegations, depositions, cross speeches,
contradictions, supplications, requests, petitions, inquiries, instruments
of the deposition of witnesses, rejoinders, replies, confirmations of
former assertions, duplies, triplies, answers to rejoinders, writings,
deeds, reproaches, disabling of exceptions taken, grievances, salvation
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,
dilatory pleas, demurs, compositions, injunctions, reliefs, reports,
returns, confessions, 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 noted thereupon. Spec.
de ordination. Paragr. 3. et Tit. de Offi. omn. jud. paragr. fin. et de
rescriptis praesentat. parag. 1. --I posit on the end of a table in my
closet all the pokes and bags of the defendant, 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
satchels 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. 1. 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 obedience 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
judgment? 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. creditor, c. de consul. 1. Et de regul. jur. in
6. Qui prior est tempore potior est jure.
Chapter 3. XL.
How Bridlegoose giveth reasons why he looked upon those law-actions which
he decided by the chance of the dice.
Yea but, quoth Trinquamelle, my friend, seeing it is by the lot, chance,
and throw of the dice that you award your judgments and sentences, why do
not you livre up these fair throws and chances the very same day and hour,
without any further procrastination or delay, that the controverting
party-pleaders appear before you? To what use can those writings serve you,
those papers and other procedures contained in the bags and pokes of the
law-suitors? To the very same use, quoth Bridlegoose, that they serve your
other worships. They are behooveful unto me, and serve my turn in three
things very exquisite, requisite, and authentical. First, for formality
sake, the omission whereof, that it maketh all, whatever is done, to be of
no force nor value, is excellently well proved, by Spec. 1. tit. de instr.
edit. et tit. de rescript. praesent. Besides that, it is not unknown to
you, who have had many more experiments thereof than I, how oftentimes, in
judicial proceedings, the formalities utterly destroy the materialities and
substances of the causes and matters agitated; for Forma mutata, mutatur
substantia. ff. ad exhib. l. Julianus. ff. ad leg. Fal. l. si is qui
quadraginta. Et extra de decim. c. ad audientiam, et de celebrat. miss. c.
in quadam.
Secondly, they are useful and steadable to me, even as unto your other
worships, in lieu of some other honest and healthful exercise. The late
Master Othoman Vadet (Vadere), a prime physician, as you would say, Cod. de
Comit. et Archi. lib.
