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
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
lit