hen 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 pr
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