第231章

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. I. 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. 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. I. 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. I. 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. I. cod. de spect. l. II. 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.