oss speeches,
contradictions, supplications, requests, petitions, inquiries, instruments
of the deposition of witnesses, rejoinders, replies, confirmations of
former assertions, duplies, triplies, answers to rejoinders, writings,
deeds, reproaches, disabling of exceptions taken, grievances, salvation
bills, re-examination of witnesses, confronting of them together,
declarations, denunciations, libels, certificates, royal missives, letters
of appeal, letters of attorney, instruments of compulsion, delineatories,
anticipatories, evocations, messages, dimissions, issues, exceptions,
dilatory pleas, demurs, compositions, injunctions, reliefs, reports,
returns, confessions, acknowledgments, exploits, executions, and other
such-like confects and spiceries, both at the one and the other side, as a
good judge ought to do, conform to what hath been noted thereupon. Spec.
de ordination. Paragr. 3. et Tit. de Offi. omn. jud. paragr. fin. et de
rescriptis praesentat. parag. 1.--I posit on the end of a table 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.