even as a bear at his first coming into the world
hath neither hands, skin, hair, nor head, but is merely
an inform, rude, and ill-favoured piece and lump of
flesh, and would remain still so, if his dam, out
of the abundance of her affection to her hopeful cub,
did not with much licking put his members into that
figure and shape which nature had provided for those
of an arctic and ursinal kind; ut not. Doct.
ff. ad l. Aquil. l. 3. in fin. Just so do
I see, as your other worships do, processes and suits
in law, at their first bringing forth, to be numberless,
without shape, deformed, and disfigured, for that then
they consist only of one or two writings, or copies
of instruments, through which defect they appear unto
me, as to your other worships, foul, loathsome, filthy,
and misshapen beasts. But when there are heaps
of these legiformal papers packed, piled, laid up
together, impoked, insatchelled, and put up in bags,
then is it that with a good reason we may term that
suit, to which, as pieces, parcels, parts, portions,
and members thereof, they do pertain and belong, well-formed
and fashioned, big-limbed, strong-set, and in all
and each of its dimensions most completely membered.
Because forma dat esse. rei. l. si is qui. ff. ad leg.
Falcid. in c. cum dilecta. de rescript. Barbat.
consil. 12. lib. 2, and before him, Baldus, in c.
ult. extra. de consuet. et l. Julianus ad exhib.
ff. et l. quaesitum. ff. de leg. 3. The manner
is such as is set down in gl. p. quaest. 1. c.
Debile principium melior fortuna sequetur.
Like your other worships, also the sergeants, catchpoles,
pursuivants, messengers, summoners, apparitors, ushers,
door-keepers, pettifoggers, attorneys, proctors, commissioners,
justices of the peace, judge delegates, arbitrators,
overseers, sequestrators, advocates, inquisitors, jurors,
searchers, examiners, notaries, tabellions, scribes,
scriveners, clerks, pregnotaries, secondaries, and
expedanean judges, de quibus tit. est. l. 3. c., by
sucking very much, and that exceeding forcibly, and
licking at the purses of the pleading parties, they,
to the suits already begot and engendered, form, fashion,
and frame head, feet, claws, talons, beaks, bills,
teeth, hands, veins, sinews, arteries, muscles, humours,
and so forth, through all the similary and dissimilary
parts of the whole; which parts, particles, pendicles,
and appurtenances are the law pokes and bags, gl.
de cons. d. 4. c. accepisti. Qualis vestis erit,
talia corda gerit. Hic notandum est, that in
this respect the pleaders, litigants, and law-suitors
are happier than the officers, ministers, and administrators
of justice. For beatius est dare quam accipere.
ff. commun. l. 3. extra. de celebr. Miss. c.
cum Marthae. et 24. quaest. 1. cap. Od. gl.
Affectum dantis pensat censura tonantis.
Thus becometh the action or process by their care
and industry to be of a complete and goodly bulk,
well shaped, framed, formed, and fashioned according
to the canonical gloss.