No More Learning

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. 12, hath frequently told me that the lack and default
of bodily exercise is the chief, if not the sole and only cause of the
little health and short lives of all officers of justice, such as your
worships and I am. Which observation was singularly well before him noted
and remarked by Bartholus in lib. 1. c. de sent. quae pro eo quod.
Therefore it is that the practice of such-like exercitations is appointed
to be laid hold on by your other worships, and consequently not to be
denied unto me, who am of the same profession; Quia accessorium naturam
sequitur principalis. de reg. jur. l. 6. et l. cum principalis. et l. nihil
dolo. ff. eod. tit. ff. de fide-juss. l. fide-juss. et extra de officio
deleg. cap. 1. Let certain honest and recreative sports and plays of
corporeal exercises be allowed and approved of; and so far, (ff. de allus.
et aleat. l. solent. et authent. ) ut omnes obed. in princ. coll. 7. et ff.
de praescript. verb. l. si gratuitam et l. 1. cod. de spect. l. 11. Such
also is the opinion of D. Thom, in secunda, secundae Q. I. 168. Quoted in
very good purpose by D. Albert de Rosa, who fuit magnus practicus, and a
solemn doctor, as Barbatias attesteth in principiis consil. Wherefore the
reason is evidently and clearly deduced and set down before us in gloss. in
prooemio. ff. par. ne autem tertii.

Interpone tuis interdum gaudia curis.

In very deed, once, in the year a thousand four hundred fourscore and
ninth, having a business concerning the portion and inheritance of a
younger brother depending in the court and chamber of the four high
treasurers of France, whereinto as soon as ever I got leave to enter by a
pecuniary permission of the usher thereof,--as your other worships know
very well, that Pecuniae obediunt omnia, and there says Baldus, in l.
singularia. ff. si cert. pet. et Salic. in l. receptitia. Cod. de constit.
pecuni. et Card. in Clem. 1. de baptism. --I found them all recreating and
diverting themselves at the play called muss, either before or after
dinner; to me, truly, it is a thing altogether indifferent whether of the
two it was, provided that hic not. , that the game of the muss is honest,
healthful, ancient, and lawful, a Muscho inventore, de quo cod. de petit.
haered. l. si post mortem. et Muscarii. Such as play and sport it at the
muss are excusable in and by law, lib. 1. c. de excus. artific. lib. 10.
And at the very same time was Master Tielman Picquet one of the players of
that game of muss. There is nothing that I do better remember, for he
laughed heartily when his fellow-members of the aforesaid judicial chamber
spoiled their caps in swingeing of his shoulders. He, nevertheless, did
even then say unto them, that the banging and flapping of him, to the waste
and havoc of their caps, should not, at their return from the palace to
their own houses, excuse them from their wives, Per. c. extra. de
praesumpt. et ibi gloss. Now, resolutorie loquendo, I should say,
according to the style and phrase of your other worships, that there is no
exercise, sport, game, play, nor recreation in all this palatine, palatial,
or parliamentary world, more aromatizing and fragrant than to empty and
void bags and purses, turn over papers and writings, quote margins and
backs of scrolls and rolls, fill panniers, and take inspection of causes,
Ex. Bart. et Joan. de Pra. in l. falsa. de condit. et demonst. ff.

Thirdly, I consider, as your own worships use to do, that time ripeneth and
bringeth all things to maturity, that by time everything cometh to be made
manifest and patent, and that time is the father of truth and virtue.
Gloss. in l. 1. cod. de servit. authent. de restit. et ea quae pa. et spec.
tit. de requisit. cons. Therefore is it that, after the manner and fashion
of your other worships, I defer, protract, delay, prolong, intermit,
surcease, pause, linger, suspend, prorogate, drive out, wire-draw, and
shift off the time of giving a definitive sentence, to the end that the
suit or process, being well fanned and winnowed, tossed and canvassed to
and fro, narrowly, precisely, and nearly garbled, sifted, searched, and
examined, and on all hands exactly argued, disputed, and debated, may, by
succession of time, come at last to its full ripeness and maturity. By
means whereof, when the fatal hazard of the dice ensueth thereupon, the
parties cast or condemned by the said aleatory chance will with much
greater patience, and more mildly and gently, endure and bear up the
disastrous load of their misfortune, than if they had been sentenced at
their first arrival unto the court, as not. gl. ff. de excus. tut. l. tria.
onera.

Portatur leviter quod portat quisque libenter.

On the other part, to pass a decree or sentence when the action is raw,
crude, green, unripe, unprepared, as at the beginning, a danger would ensue
of a no less inconveniency than that which the physicians have been wont to
say befalleth to him in whom an imposthume is pierced before it be ripe, or
unto any other whose body is purged of a strong predominating humour before
its digestion. For as it is written, in authent. haec constit. in Innoc.
de constit. princip. , so is the same repeated in gloss. in c. caeterum.
extra. de juram. calumn. Quod medicamenta morbis exhibent, hoc jura
negotiis. Nature furthermore admonisheth and teacheth us to gather and
reap, eat and feed on fruits when they are ripe, and not before. Instit.
de rer. div. paragr. is ad quem et ff. de action. empt. l. Julianus. To
marry likewise our daughters when they are ripe, and no sooner, ff. de
donation. inter vir. et uxor. l. cum hic status. paragr. si quis sponsam.
et 27 qu. 1. c. sicut dicit. gl.

Jam matura thoro plenis adoleverat annis
Virginitas.

And, in a word, she instructeth us to do nothing of any considerable
importance, but in a full maturity and ripeness, 23. q. para ult. et 23. de
c. ultimo.



Chapter 3. XLI.

How Bridlegoose relateth the history of the reconcilers of parties at
variance in matters of law.

I remember to the same purpose, quoth Bridlegoose, in continuing his
discourse, that in the time when at Poictiers I was a student of law under
Brocadium Juris, there was at Semerve one Peter Dandin, a very honest man,
careful labourer of the ground, fine singer in a church-desk, of good
repute and credit, and older than the most aged of all your worships; who
was wont to say that he had seen the great and goodly good man, the Council
of Lateran, with his wide and broad-brimmed red hat. As also, that he had
beheld and looked upon the fair and beautiful Pragmatical Sanction his
wife, with her huge rosary or patenotrian chaplet of jet-beads hanging at a
large sky-coloured ribbon. This honest man compounded, atoned, and agreed
more differences, controversies, and variances at law than had been
determined, voided, and finished during his time in the whole palace of
Poictiers, in the auditory of Montmorillon, and in the town-house of the
old Partenay. This amicable disposition of his rendered him venerable and
of great estimation, sway, power, and authority throughout all the
neighbouring places of Chauvigny, Nouaille, Leguge, Vivonne, Mezeaux,
Estables, and other bordering and circumjacent towns, villages, and
hamlets.
All their debates were pacified by him; he put an end to their
brabbling suits at law and wrangling differences. By his advice and
counsels were accords and reconcilements no less firmly made than if the
verdict of a sovereign judge had been interposed therein, although, in very
deed, he was no judge at all, but a right honest man, as you may well
conceive,--arg. in l. sed si unius. ff. de jure-jur. et de verbis
obligatoriis l. continuus. There was not a hog killed within three parishes
of him whereof he had not some part of the haslet and puddings. He was
almost every day invited either to a marriage banquet, christening feast,
an uprising or women-churching treatment, a birthday's anniversary
solemnity, a merry frolic gossiping, or otherwise to some delicious
entertainment in a tavern, to make some accord and agreement between
persons at odds and in debate with one another. Remark what I say; for he
never yet settled and compounded a difference betwixt any two at variance,
but he straight made the parties agreed and pacified to drink together as a
sure and infallible token and symbol of a perfect and completely
well-cemented reconciliation, sign of a sound and sincere amity and proper
mark of a new joy and gladness to follow thereupon,--Ut not. per (Doct. ) ff.
de peric. et com. rei vend. l. 1. He had a son, whose name was Tenot
Dandin, a lusty, young, sturdy, frisking roister, so help me God! who
likewise, in imitation of his peace-making father, would have undertaken and
meddled with the making up of variances and deciding of controversies
betwixt disagreeing and contentious party-pleaders; as you know,

Saepe solet similis esse patri.
Et sequitur leviter filia matris iter.

Ut ait gloss. 6, quaest. 1. c. Si quis. gloss. de cons. dist. 5. c. 2. fin.
et est. not. per Doct. cod. de impub. et aliis substit. l. ult. et l.
legitime. ff. de stat. hom. gloss. in l. quod si nolit. ff. de aedil.
edict. l. quisquis c. ad leg. Jul. Majest. Excipio filios a Moniali
susceptos ex Monacho. per glos. in c. impudicas. 27. quaestione. 1. And
such was his confidence to have no worse success than his father, he
assumed unto himself the title of Law-strife-settler. He was likewise in
these pacificatory negotiations so active and vigilant--for, Vigilantibus
jura subveniunt. ex l. pupillus. ff. quae in fraud. cred. et ibid. l. non
enim. et instit. in prooem. --that when he had smelt, heard, and fully
understood--ut ff. si quando paup. fec. l. Agaso. gloss. in verb. olfecit,
id est, nasum ad culum posuit--and found that there was anywhere in the
country a debatable matter at law, he would incontinently thrust in his
advice, and so forwardly intrude his opinion in the business, that he made
no bones of making offer, and taking upon him to decide it, how difficult
soever it might happen to be, to the full contentment and satisfaction of
both parties. It is written, Qui non laborat non manducat; and the said
gl. ff. de damn. infect. l. quamvis, and Currere plus que le pas vetulam
compellit egestas. gloss. ff. de lib. agnosc. l. si quis. pro qua facit. l.
si plures. c. de cond. incert. But so hugely great was his misfortune in
this his undertaking, that he never composed any difference, how little
soever you may imagine it might have been, but that, instead of reconciling
the parties at odds, he did incense, irritate, and exasperate them to a
higher point of dissension and enmity than ever they were at before. Your
worships know, I doubt not, that,

Sermo datur cunctis, animi sapientia paucis.

Gl. ff. de alien. jud. mut. caus. fa. lib. 2. This administered unto the
tavern-keepers, wine-drawers, and vintners of Semerve an occasion to say,
that under him they had not in the space of a whole year so much
reconciliation-wine, for so were they pleased to call the good wine of
Leguge, as under his father they had done in one half-hour's time. It
happened a little while thereafter that he made a most heavy regret thereof
to his father, attributing the causes of his bad success in pacificatory
enterprises to the perversity, stubbornness, froward, cross, and backward
inclinations of the people of his time; roundly, boldly, and irreverently
upbraiding, that if but a score of years before the world had been so
wayward, obstinate, pervicacious, implacable, and out of all square, frame,
and order as it was then, his father had never attained to and acquired the
honour and title of Strife-appeaser so irrefragably, inviolably, and
irrevocably as he had done. In doing whereof Tenot did heinously
transgress against the law which prohibiteth children to reproach the
actions of their parents; per gl. et Bart. l. 3. paragr. si quis. ff. de
cond. ob caus. et authent. de nupt. par. sed quod sancitum. col. 4. To
this the honest old father answered thus: My son Dandin, when Don Oportet
taketh place, this is the course which we must trace, gl. c. de appell. l.
eos etiam. For the road that you went upon was not the way to the fuller's
mill, nor in any part thereof was the form to be found wherein the hare did
sit. Thou hast not the skill and dexterity of settling and composing
differences. Why? Because thou takest them at the beginning, in the very
infancy and bud as it were, when they are green, raw, and indigestible.
Yet I know handsomely and featly how to compose and settle them all. Why?
Because I take them at their decadence, in their weaning, and when they are
pretty well digested. So saith Gloss:

Dulcior est fructus post multa pericula ductus.

L. non moriturus. c. de contrahend. et committ. stip. Didst thou ever hear
the vulgar proverb, Happy is the physician whose coming is desired at the
declension of a disease? For the sickness being come to a crisis is then
upon the decreasing hand, and drawing towards an end, although the
physician should not repair thither for the cure thereof; whereby, though
nature wholly do the work, he bears away the palm and praise thereof. My
pleaders, after the same manner, before I did interpose my judgment in the
reconciling of them, were waxing faint in their contestations. Their
altercation heat was much abated, and, in declining from their former
strife, they of themselves inclined to a firm accommodation of their
differences; because there wanted fuel to that fire of burning rancour and
despiteful wrangling whereof the lower sort of lawyers were the kindlers.
That is to say, their purses were emptied of coin, they had not a win in
their fob, nor penny in their bag, wherewith to solicit and present their
actions.

Deficiente pecu, deficit omne, nia.

There wanted then nothing but some brother to supply the place of a
paranymph, brawl-broker, proxenete, or mediator, who, acting his part
dexterously, should be the first broacher of the motion of an agreement,
for saving both the one and the other party from that hurtful and
pernicious shame whereof he could not have avoided the imputation when it
should have been said that he was the first who yielded and spoke of a
reconcilement, and that therefore, his cause not being good, and being
sensible where his shoe did pinch him, he was willing to break the ice, and
make the greater haste to prepare the way for a condescendment to an
amicable and friendly treaty. Then was it that I came in pudding time,
Dandin, my son, nor is the fat of bacon more relishing to boiled peas than
was my verdict then agreeable to them. This was my luck, my profit, and
good fortune. I tell thee, my jolly son Dandin, that by this rule and
method I could settle a firm peace, or at least clap up a cessation of arms
and truce for many years to come, betwixt the Great King and the Venetian
State, the Emperor and the Cantons of Switzerland, the English and the
Scots, and betwixt the Pope and the Ferrarians. Shall I go yet further?
Yea, as I would have God to help me, betwixt the Turk and the Sophy, the
Tartars and the Muscoviters. Remark well what I am to say unto thee. I
would take them at that very instant nick of time when both those of the
one and the other side should be weary and tired of making war, when they
had voided and emptied their own cashes and coffers of all treasure and
coin, drained and exhausted the purses and bags of their subjects, sold and
mortgaged their domains and proper inheritances, and totally wasted, spent,
and consumed the munition, furniture, provision, and victuals that were
necessary for the continuance of a military expedition. There I am sure,
by God, or by his Mother, that, would they, would they not, in spite of all
their teeths, they should be forced to have a little respite and breathing
time to moderate the fury and cruel rage of their ambitious aims. This is
the doctrine in Gl. 37. d. c. si quando.

Odero, si potero; si non, invitus amabo.



Chapter 3. XLII.

How suits at law are bred at first, and how they come afterwards to their
perfect growth.

For this cause, quoth Bridlegoose, going on in his discourse, I temporize
and apply myself to the times, as your other worships use to do, waiting
patiently for the maturity of the process, full growth and perfection
thereof in all its members, to wit, the writings and the bags. Arg. in l.
si major. c. commun. divid. et de cons. di. 1. c. solemnitates, et ibi gl.
A suit in law at its production, birth, and first beginning, seemeth to me,
as unto your other worships, shapeless, without form or fashion,
incomplete, ugly and imperfect, even as a bear at his first coming into the
world hath neither hands, skin, hair, nor head, but is merely an inform,
rude, and ill-favoured piece and lump of flesh, and would remain still so,
if his dam, out of the abundance of her affection to her hopeful cub, did
not with much licking put his members into that figure and shape which
nature had provided for those of an arctic and ursinal kind; ut not. Doct.
ff. ad l. Aquil. l. 3. in fin. Just so do I see, as your other worships
do, processes and suits in law, at their first bringing forth, to be
numberless, without shape, deformed, and disfigured, for that then they
consist only of one or two writings, or copies of instruments, through
which defect they appear unto me, as to your other worships, foul,
loathsome, filthy, and misshapen beasts. But when there are heaps of these
legiformal papers packed, piled, laid up together, impoked, insatchelled,
and put up in bags, then is it that with a good reason we may term that
suit, to which, as pieces, parcels, parts, portions, and members thereof,
they do pertain and belong, well-formed and fashioned, big-limbed,
strong-set, and in all and each of its dimensions most completely membered.
Because forma dat esse. rei. l. si is qui. ff. ad leg.