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. 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.,