Gargantua and Pantagruel eBook

This eBook from the Gutenberg Project consists of approximately 1,126 pages of information about Gargantua and Pantagruel.

Gargantua and Pantagruel eBook

This eBook from the Gutenberg Project consists of approximately 1,126 pages of information about Gargantua and Pantagruel.
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

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Gargantua and Pantagruel from Project Gutenberg. Public domain.