rt of justice; who immediately upon
the coming of Pantagruel, accompanied with the senatorian members of that
worshipful judicatory, arose, went to the bar, had his indictment read, and
for all his reasons, defences, and excuses, answered nothing else but that
he was become old, and that his sight of late was very much failed, and
become dimmer than it was wont to be; instancing therewithal many miseries
and calamities which old age bringeth along with it, and are concomitant to
wrinkled elders; which not. per Archid. d. lxxxvi. c. tanta. By reason of
which infirmity he was not able so distinctly and clearly to discern the
points and blots of the dice as formerly he had been accustomed to do;
whence it might very well have happened, said he, as old dim-sighted Isaac
took Jacob for Esau, that I after the same manner, at the decision of
causes and controversies in law, should have been mistaken in taking a
quatre for a cinque, or a trey for a deuce. This I beseech your worships,
quoth he, to take into your serious consideration, and to have the more
favourable opinion of my uprightness, notwithstanding the prevarication
whereof I am accused in the matter of Toucheronde's sentence, that at the
time of that decree's pronouncing I only had made use of my small dice; and
your worships, said he, know very well how by the most authentic rules of
the law it is provided that the imperfections of nature should never be
imputed unto any for crimes and transgressions; as appeareth, ff. de re
milit. l. qui cum uno. ff. de reg. Jur. l. fere. ff. de aedil. edict. per
totum. ff. de term. mod. l. Divus Adrianus, resolved by Lud. Rom. in l. si
vero. ff. Sol. Matr. And who would offer to do otherwise, should not
thereby accuse the man, but nature, and the all-seeing providence of God,
as is evident in l. Maximum Vitium, c. de lib. praeter.
What kind of dice, quoth Trinquamelle, grand-president of the said court,
do you mean, my friend Bridlegoose? The dice, quoth Bridlegoose, of
sentences at law, decrees, and peremptory judgments, Alea Judiciorum,
whereof is written, Per Doct. 26. qu. 2. cap. sort. l. nec emptio ff. de
contrahend. empt. l. quod debetur. ff. de pecul. et ibi Bartol., and which
your worships do, as well as I, use, in this glorious sovereign court of
yours. So do all other righteous judges in their decision of processes and
final determination of legal differences, observing that which hath been
said thereof by D. Henri.
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