Accipe, sume, cape, sunt verba placentia Papae.
Which speech hath been more clearly explained by Albert de Ros, in verbo Roma.
Roma manus rodit, quas rodere non valet,
Dantes custodit, non dantes spernit, et odit.
The reason whereof is thought to be this:
Ad praesens ova cras pullis sunt meliora.
ut est gl. in l. quum hi. ff. de transact. Nor is this all; for the inconvenience of the contrary is set down in gloss. c. de allu. l. fin.
Quum labor in damno est, crescit mortalis egestas.
In confirmation whereof we find that the true etymology and exposition of the word process is purchase, viz. of good store of money to the lawyers, and of many pokes—id est, prou-sacks—to the pleaders, upon which subject we have most celestial quips, gibes, and girds.
Ligitando jura crescunt; litigando jus acquiritur.
Item gl. in cap. illud extrem. de praesumpt. et c. de prob. l. instrum. l. non epistolis. l. non nudis.
Et si non prosunt singula, multa juvant.
Yea but, asked Trinquamelle, how do you proceed, my friend, in criminal causes, the culpable and guilty party being taken and seized upon flagrante crimine? Even as your other worships use to do, answered Bridlegoose. First, I permit the plaintiff to depart from the court, enjoining him not to presume to return thither till he preallably should have taken a good sound and profound sleep, which is to serve for the prime entry and introduction to the legal carrying on of the business. In the next place, a formal report is to be made to me of his having slept. Thirdly, I issue forth a warrant to convene him before me. Fourthly, he is to produce a sufficient and authentic attestation of his having thoroughly and entirely slept, conform to the Gloss. 37. Quest. 7. c. Si quis cum.
Quandoque bonus dormitat Homerus.
Being thus far advanced in the formality of the process, I find that this consopiating act engendereth another act, whence ariseth the articulating of a member. That again produceth a third act, fashionative of another member; which third bringing forth a fourth, procreative of another act. New members in a no fewer number are shapen and framed, one still breeding and begetting another—as, link after link, the coat of mail at length is made—till thus, piece after piece, by little and little, by information upon information, the process be completely well formed and perfect in all his members. Finally, having proceeded this length, I have recourse to my dice, nor is it to be thought that this interruption, respite, or interpellation is by me occasioned without very good reason inducing me thereunto, and a notable experience of a most convincing and irrefragable force.