ocrastination 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
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 cons