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