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The directors of our public companies were in such dreadful apprehensions, that one would have thought a parliamentary inquiry was at hand: yet so great was their presence of mind, that all the Thursday morning was taken up in private transfers, which by malicious people was thought to be done with design to conceal their effects.
I forbear mentioning the private confessions of particular ladies to their husbands; for as their children were born in wedlock, and of consequence are legitimate, it would be an invidious task to record them as bastards; and particularly after their several husbands bave so charitably forgiven them.
The evening and night through the whole town were spent in devotions both public and private ; the churches for this one day were so crowded by the nobility and gentry, that thousands of common people were seen praying in the public streets. In short, one would have thought the whole town had been really and seriously religious. But what was very remarkable, all the different persuasions kept by themselves, for as each thought the other would be damned, not one would join in prayer with the other.
At length Friday came, and the people covered all the streets; expecting, watching and praying. But as the day wore away, their fears first began to abate, then lessened every hour, at night they were almost extinct, till the total darkness, that hitherto used to terrify, now comforted every freethinker and atheist. Great numbers went together to the taverns, bespoke suppers, and broke up whole hogsheads for joy. The subject of all wit and conversation was to ridicule the prophecy, and rally each other. All the quality and gentry were perfectly ashamed, nay, some utterly disowned that they had manifested any signs of religion.
But the next day even the common people, as well as their betters, appeared in their usual state of indifference. They drank, they whored, they wore, they lied, they cheated, they quarrelled, they murdered. In short, the world went on in the old channel.
I need not give any instances of what will so easily be credited; but I cannot omit relating, that Mr. Woolston advertised in that very Saturday's Evening Post a new treatise against the miracles of our Saviour ; and that the few, who had given up their peosiops the day before, solicited to have them continued: which, as they had not been thrown up upon any ministerial point, I! am informed was readily granted.
A SPECIMEN OF SCRIBLERUS'S REPORTS.*
STRADLING versus STILES.
Le report del casc argue en le cominen banke devant
tout les justices de le raesine banke, en le quart. an. du raygue de roy Jaques, entre Matthew Stradling, plaut. & Peter Stiles, def, en un action propter certos equos coloratos, Anglicè, pero hocles, post. per le dit Matthew vers le dit Peter.
Le recitel SJR John Swale, of Swale-Hall, in Swale del case.
Dale fast by the Hiver Swale, kt, made his Last Will and Testament : in which, among other Bequzsts, was this, viz. Out of the kind love and respect that bear uato my much honoured and good friend Mr. Matthew Stradling, gent. I do bequeath unto the said Matthew Stradling, gent. all my black and white horses. The Teststop had lig black hotles (ie whitz holes and fir pred hocles.
Che Dzbatz thereforz was, wwthethzę or no the Le point. Caid Matthew Stradling should have the said
pred horses by virtue of the said Brquests. Pour le pl. Atkins apprentice pour la pl. moy Temble,
que le pl. recoveza. And Girit of all it seemeth expedient to concoz what is the nature of horses, and also what is the nature of colours; and so the argumznt will confequently divide itself in a two
William Fortescue, Esq., who, in 1736, was made a baron of the exchequer, appears to have been among Mr. Pope's most familiar and esteemed friends. He was, though a lawyer, a man of much wit and fancy: The whimsical case of the pied horses, penned in ridicule of the old musty Reports, was the joint composition of this gentleman and Mr. Pope. He died Dec. 16, 1749, being then Master of the Rolls. N
folo way, that is to say, the formal part, and substantial part. Horses are the substantial part, of thing bequeathed : black and white the formal or descriptive pazt.
Horse, in a phylical sense, doth import a certain quadrupede or four-footed animal, which, by the apt and regular disposition of certain proper and convenient parts, is adapted, fitted, and constituted for the use and need of man. Vea, lo necessary and conducive was this animal conceived to be to the behoof of the commonweal, that sundy and divers acts of parliament have from time to time been made in favour of horses.
1st Edw. VI. gakes the transporting of horses out of the kingdom, no less a penalty than the forfeiture of 401.
2d. and 3d Edward VI. Takes fxom horse-stealers the beneät of their clergy.
And the Statutes of the 27th and 32d of Hen. VIII. condescend lo faz as to take care of their very breed: These our wife ancettors prudently foreseeing, that they could not bettez take carz of theiz own poltzrity, than by also taking cart of that of theiz hozles.
And of so great esteem are horses in the eye of the common taw, that when a knight of the Bath committeth any great and enormous crime, his punishment is to have his spurs chopt off with a cleaver, being, as matter Bracton well obseqveth, unworthy to ride on a horse.
Littleton, Sect. 315. saith, Jf tenants in common make a leale reserving for rent a horse, they fhall have but one allige, because, saith the book, the law will not suffer a horse to be severed. Another argument of what high eftimation the law maketh of a hozle.
But as the great diffezznce seemeth not to be so much touching the fubữantial part, horses, let us proceed to the formal or delciptive part, viz. amhat horses they are that come with. ty this 3rquzst.
Colours are commonly of various kinds and different sorts; of which white and black are the two ertremes, and, Consequently, comprehend within them all other colours whatsoever.
Bp a bequest therefo re of black and white horses, gray or pyed horses may well pass ; for when two eftremes, or remotest ends of any thing are Devised, the law, by common intendment, will intent whatsoever is contained between them to be devised too.
But the present case is still stronger, coming not only within the intendment, but also the very letter of the words.
By the word black, all the horses that are black are devi. sed; by the word white, aje devised those that are white; and by the same wozds with the conjunction copulative and, between them, the horses that are black and white, that is to say pyed, are devised also.
Whatever is black and white is pyed, and whatever is pyed is black and white : ergo, black and white is pyed: and, vice versa, pýed is black and white.
If therefore black and white horses are devised, pyed horses shall pass by such devise; but black and white horses are devised ; ergo, the pl. shall have the pyed horses.
Catlyne Sezjeant; mapsemblear contrar p, the Pour le plaintiff shall not have the pyed horses by defeud. intendment; for if by the devise o f black and
white horses, not only black and white horses, but horses of ang colour between these two ertzeines map pass, then not only pyed and gray horses, but also red or bay horses would pass likewise, which would be absurd and against reason.
And this is another strong aigument in law, Nihil, quod est contra rationem, est licitum : to reason is the life of the law, and the common law is. nothing but reason ; which is to be undesstood of artificial perfection and reason gotten by long study, and not of