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For I am sure that you, and all those through whose hands this process has passed, have by your devices added what you could to it pro et contra in such sort that, although their difference perhaps was clear and easy enough to determine at first, you have obscured it and made it more intricate by the frivolous, sottish, unreasonable, and foolish reasons and opinions of Accursius, Baldus, Bartolus, de Castro, de Imola, Hippolytus, Panormo, Bertachin, Alexander, Curtius, and those other old mastiffs, who never understood the least law of the Pandects, they being but mere blockheads and great tithe calves, ignorant of all that which was needful for the understanding of the laws; for, as it is most certain, they had not the knowledge either of the Greek or Latin tongue, but only of the Gothic and barbarian.
Tassoni and Boileau have left us the best examples of this way in the "Seechia Rapita" and the "Lutrin," and next them Merlin Cocaius in his "Baldus." I will speak only of the two former, because the last is written in Latin verse. The "Secchia Rapita" is an Italian poem, a satire of the Varronian kind. It is written in the stanza of eight, which is their measure for heroic verse.
The cardinals at Anagni sent a summons to their brethren inviting them to share in their counsels concerning the compulsory election of the successor to Gregory XI. Already the opinions of great legists had been taken; some of them, that of the famous Baldus, may still be read. He was in favor of the validity of the election.
If the matter be jurisprudence, we shall have Marcianus, Papinianus, Ulpianus, Hermogenianus, and Tryphonius to begin with; and shall then pass through the straits of Bartolus and Baldus, on to Zuichemus, Sanchez, Brissonius, Ritterhusius, and Gothofridus.
In very deed, once, in the year a thousand four hundred fourscore and ninth, having a business concerning the portion and inheritance of a younger brother depending in the court and chamber of the four high treasurers of France, whereinto as soon as ever I got leave to enter by a pecuniary permission of the usher thereof, as your other worships know very well, that Pecuniae obediunt omnia, and there says Baldus, in l. singularia. ff. si cert. pet. et Salic. in l. receptitia.
There is no appellation, quoth Pantagruel, from the decrees of fate or destiny, of lot or chance; as is recorded by our ancient lawyers, witness Baldus, Lib. ult. Cap. de Leg. The reason hereof is, Fortune doth not acknowledge a superior, to whom an appeal may be made from her or any of her substitutes.
According to Baldus, 'when there is no sharing of risk there is no partnership'; and Paul de Castro says, 'A partnership when the gain is shared, but not the loss, is not to be permitted. 'The legitimacy, says Brants, 'of the contract of commenda always rested upon the same principle; capital could not be productive except for him who worked it himself, or who caused it to be worked on his own responsibility.
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. Paulus. Debile principium melior fortuna sequetur.
And Baldus himself, as eminent as he turned out after, entered upon the law so late in life, that every body imagined he intended to be an advocate in the other world: no wonder, when Eudamidas, the son of Archidamas, heard Xenocrates at seventy-five disputing about wisdom, that he asked gravely, If the old man be yet disputing and enquiring concerning wisdom, what time will he have to make use of it?
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