Chapter 138 Chapter Forty-Two

How Litigation Born and Mature Bridvar went on: "I, therefore, like all the lords here, postponed the sentencing until the case matured and all its limbs—the pleadings and the case file—were developed. My grounds were Arg.inl. Si major. , C. commu. divi. etdecons., dI, c. Solennitates, etibi gl.①. "At the beginning of a lawsuit, I, like the princes, felt that it was shapeless and immature. Like a newborn bear, it has no feet, no claws, no skin, no hair, and even a head. No, it's just a shapeless mass of flesh; it has to be licked by a female bear before its limbs appear, ut not. Doct.ff. adleg. Like a male, I saw it was headless and footless at the beginning, with only one or two documents, almost like an unsightly small animal.

When the complaints are piled up in bundles, bundles and bags, then it can be said that it really takes shape and has limbs. forma dat esse rei③, see l.Si is qui, ff. ad l. Falci. in c.cum dilecta extrade rescrip.; Barbatia, consil.12 lib.2,④, also, before him, Bald.in e ulti. extra de consue. et l. Julianus. ff.ad exhib. et l. Quoe situm. ff. de leg.III.⑤. gl.pqIcPaulus⑥ put it this way: Debile principium melior fortuna sequetur ⑦. "It is exactly the same as all the princes here, those bailiffs, bailiffs, bailiffs, agents, prosecutors, evaluators, lawyers, judges, recorders, notaries, clerks, There are also referees, dequibus tit.est lib. Ⅲ. Cod. ①, all of them are constantly sucking the money bags of the litigants, using the lawsuits to grow their own heads, feet, claws, mouths, teeth, hands, Blood vessels, veins, bones, muscles, fluids, these are the files, see gl.de cons.d.iiij, c.accepisti.②.

Qualis vestis erit, talia corda gerit ③. However, Hic not. ④, at this point, the litigant is still above the Minister of Justice, because Beatius est dare quam accipere ⑤, ① "The Law" "the longer? . "Article, "Law of Justignan", "Law of the Distribution of Public Property", and "On Conscience", "Ceremony" of the first volume of "Edict" and the commentary on this paragraph. ② At the end of the second volume of "Encyclopedia of National Law" and "Universal Suffrage Law", doctor's notes. ③ Latin: "images give life to things".

④ "Articles" "Where?.", "Encyclopedia of National Laws", "Law of Inheritance", see "As Loved?.", "Collection Law", "Palindrome", Barbasia's "Suggestions" Section 12, Volume 12. ⑤ The last paragraph of "Baldus Commentary", "Juwai Law", "Common Law", "Julianus Code", "National Law Encyclopedia" "is hereby indicated" Clause, "Articles" "Needed?." Volume III of "Encyclopedia of National Law" and "Regulations".

⑥ "Code Commentary", the first paragraph, "Paulus? . " law. ⑦ Latin: "beginning weak, then strong". ① For the above items, see Book III of the Code of Justinian. ② "Code Commentary", the fourth volume of "Edict" "You have acquired?." ③ Latin: "Look at his clothes and know his heart". ④ Latin: "Be careful". ⑤ Latin: "It is more blessed to give than to receive".See "New Testament? Acts of the Apostles" Chapter 20, Section 35. ff. comm.l.Ⅲ.et extra de celebra. Miss. c. cum Marthoe. et 24 qI, c. Odi. gl.①, Affectum dantis pensat censura tonantis ②. Nothing is missing, gl.can.③ said it well:

Accipe, sume, cape sunt verba placentia papoe ④. Alperigum de losata in verb. Roma ⑤ puts it more clearly: Roma manus rodit; quas rodere non valet, odit; Dantes custodit; non dantes spernit et odit 6. What is the reason? Ad proesens ova cras pullis sunt meliora⑦, ut est glos.in l. cum hi. Ff. de transac.⑧ It is very clear.But, conversely, there is also a disadvantage, in gl. C. de allu. l. fi .① there is: Cum labor in damnno est, crescit mortalis egestas②. "The real meaning of litigation is that there is no shortage of lawsuits, and there are always complaints. Then we will have a good life.

Litigando jura crescunt; Litigando jus acquirer③; "Item gl. in c. Illud., ext. de proesumpt., et C. de prob., l. instrumenta., l. non epistolis, l. non nudis④. Et cum non prosunt singula, multa juvant⑤." Trancarmeyer asked: "Yes, my friend, but what do you do with criminal cases, for example, with flagrante criminals?" ① Article 3 of "Encyclopedia of National Law" and "Holy Communion", "Collective Law", "Mass Held", "With Martai", and the comment on "Hate" in the first article of the twenty-fourth paragraph.

② Latin: "The severity of the punishment depends on the amount of the bid". ③ Notes on Canon Law. ④ Latin: "Receive, obtain, take, is the Pope's favorite vocabulary." ⑤ Latin: When talking about Rome. ⑥ Latin: Rome eats human hands. It hates hands that cannot eat, guards hands that give money, and despises and hates hands that do not give money. ⑦ Latin: "I would rather take the egg today than the chicken tomorrow". ⑧ "Worth this person waiting for?" article in "Code Commentary", "National Law Encyclopedia" law. ① In the last article of the "Illusion" section of the Codex Commentary.

② Latin: "The work is not good, and the poverty is getting worse." Gadot's poem.The first sentence of the original poem is: Conserva potius quae sunt jam portalore, which means: the harvest of labor must be cherished. ③ Latin: "Litigation increases the judiciary, and litigation benefits the judiciary." ④ Also see the "Extreme" section, "Conjecture" section of "Code Commentary", "Material Evidence Law", "Articles" "No Letters?.", "No Empty Hands?.". ⑤ Latin: "The power of the individual is weak, but the power of the crowd is strong."See lines 426 of Ovid.

Bridvar replied: "Like all the lords present here, I will put him back first, tell him to go to sleep well, as the beginning of the lawsuit, and then I will bring an official document to prove that he slept, and ask In line with the provisions of gl.32.q.VII.c.Si quis cum①, Quandoque bonus dormitat Homerus②. "At this time, from this file, call it to generate another file; from another file, reproduce a third file, Weaving it stitch by stitch, and finally weaving clothes.In the end, the proceedings were complete, there was nothing, and now there is nothing missing.At this time, I only use dice.It is not without sufficient experience and reasons that I do this.

"I remember that on the battlefields of Stockholm, there was a Gascon named Gratiano, who was born in Sanguis, and the lad was very angry when he gambled and lost all his wages. Your lords know pecunia est alter sanguis. , ut ait Anto. de Butrio. inc.accedens., ij, extra, ut lit. non contest., et Bald. in. l. situis, C. de op. li. per no., et l. advocati C. deadvo. diu. jud.: Pecunia est vita hominis et optimus fidejussor in necessitatibus⑥.Having gambled away his money, he exclaimed in the presence of his companions: 'Pao cap de bious, hillotz, que maulx de pippe bous tresbyre! Ares que pergudes sontles mies bingt et quouatte baguettes, ta pla donnerien picz, trucz, et patactz. Sey degun de bous aulx, qui boil truquar ambeiou a belz embiz? ' No one answered his words.He ran to the battalion of '100 Kilograms'②, repeated his words, and asked someone to fight him.But the people there said: 'Der Guascongner thut schich usz mitt eim jedem ze schalgen, aber erist geneigter zu staelen; darumb, lieben frauuen, hend serg zuinuerm hausraut③.' Still no one would fight him.The Gasconian went to the camp of the French 'volunteers' ④ and repeated what he had said, dancing the Gascogne steps, seeking a duel with him.But here, too, no one answered.So the Gascons had to go to the end of the barracks and lay down to sleep next to the tent of the big Christian, the knight of Chryse ⑤. "At this moment, a 'volunteer', also a young man who had lost all his money, ran out dazedly with a sword in his hand, and wanted to fight the Gascons. Both lost equally. Glos.depoenitent. dist.3, C.Sunt plures. ⑥ put it well: ⑥ Latin: "caught on the spot".Generally speaking, in flagrante delictu. ① Article 7 of Article 32 of the Code Annotations "If with someone? ." ② Latin: "When the great poet Homer dozed off".See lines 359 and 359 of Horace's "The Art of Poetry". ③ The capital of Sweden, Stockholm, was besieged by King Christian II of Denmark in 1518. ④ Shengsai clothing: the capital of Landes Province. ⑤ Latin: "Money is another blood".See Erasmus' Proverbs, Volume II, Chapter VIII, Section 35. ⑥ Just as Antonio da Budrio (fifteenth-century Brennian jurist) in the second paragraph of the law, "The Law of Settlement" "The contention has not been proved?" and Baldus in the "Articles" " Like Ru?.”, "Litigation Requirements" Law, "Articles" "Lawyer" clause, "Court Lawyer" Law, it is said that money is a person's life, and it is the best guarantee for life in an emergency. ① This is a Gascon dialect, which means: "Boys, I swear on the head of a cow, I hope you will all be drunk and overwhelmed. Now I have lost all my twenty-four dollars, and I still have a fist , Slap can be respected. Who among you dares to compete with me?" ② "Hundred kilograms": the nickname of the people of Langone. ③ German: The Gasconians came to fight with us. In fact, his purpose was to steal things; so, dear women, you have to be careful about your luggage (the Langones always bring their families with them, so there are women). ④ An army that does not receive payment and only relies on robbery. ⑤ Creese: The surname of a prominent family in Angru Province. ⑥ The third paragraph of "On Disciplinary Actions" in "Code Commentary", "If there are many people? ." Ploratur lachrymis amissa pecunia veris ⑦. The young man searched the barracks for a long time, and finally saw the Gascon sleeping there, so he said to him: 'Sus ho! hillot! ①Damn you!stand up!I lost everything just like you.Let's fight and see who wins.Know that my knife is no longer than your sword. ' "The Gasconian replied in a daze: 'The head of Saint-Arnold! quauseystu, qui me rebeillez? que mau de taoverne te gyre! Ho, Saint Siobe, cap de Guascoigne, ta pla dormie iou, quandaquoest taquainme bingut estee.' ' The 'volunteer' bid him up to fight; but the Gascon said: 'He, paovret, ou te esquinerie, aresque son pla reposat. Vayne un pauc qui te posar com iou; puesse truqueren.' He lost him The matter of money has long been forgotten, and there is no interest in fighting. In the end, the two did not fight--it might kill someone--each took a sword to bet a little money, and went to drink together. Sleep did a good thing , quelled the fury of the two warriors, and confirmed the good words of John ④, see c. ult. desent. etrejudic., librosexto ⑤: Sedendo et quiescendo fit anima prudens⑥.” ⑦ Latin: "After all the money is lost, the real tears flow out."See lines 134, Volume 13 of Juvenal's Satire. ① Son!child! ② Gascon dialect: "What are you doing waking me up like this? Are you drunk? The patron saint of Gascogne is on top! I slept just right, and this bastard came to disturb me!" " ③ Gascon dialect: "Ah, poor young man, I've come to rest now, I won't survive you if I beat you up! Go to sleep for a while, and we'll beat you when you're done." ④ fingering expert John? Andre. ⑤ The last chapter of the sixth volume of "Judgement" and "Judgment Laws". ⑥ Latin: "Still rest will make people's minds cautious."