Abbildungen der Seite
PDF

extremes, or remotest ends, of any thing devised, the law, by common intendment, will intend 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. * the word black, all the horses that are black are devised ; by the word white, are devised those that are white; and by the same words, with the conjunction copulative “and” between them, the horses that are black and white, that is to say, pied, are devised also. Whatever is black and white, is pied ; and whatever is pied, is black and white; ergo, black and white is pied; and vice versa, pied is black and white. If therefore black and white horses are devised, pied horses shall pass by such devise; but black and white horses are devised; ergo the plaintiff shall have the pied horses. Pour le Defend.—Catlyne, Serjeant, moy semble, al’contrary. The plaintiff shall not have the pied horses by intendment; for if by the devise of black and white horses, not only black and white horses, but horses of any colour between these two extremes, may pass; then not only pied and grey horses, but also red or bay horses should pass likewise, which would be absurd, and against reason. And this is another strong argument in law, Nihil quod est rationem, est licitum ; for reason is the life of the law, nay the common law is nothing but reason; which is to be understood of artificial perfection and reason gotten by long study, and not of man's natural reason ; for Nemo nascitur artifex, and legal reason est summa ratio; and therefore, if all the reason that is dispersed into so many different heads, were united into one, he could not make such a law as the law of England; because, by many successions of ages, it has been fixed and refixed by grave and learned men; so that the old rule may be verified in it; Neminem oportet esse legibus sapientiorem. As therefore pied horses do not come within the rntendment of the said bequest, so neither do they within the letter of the words.

A pied horse is not a white horse, neither is a pied horse a black horse; how then can pied horses come under the words of black and white horses? Besides, where custom hath adapted a certain determinate name to any one thing, in all devises, feoffments and grants, that certain name shall be made use of, and no uncertain circumlocutory descriptions shall be allowed; for certainty is the father of right, and the mother of justice. Le rest del argumentje no pouvois oyer, car jeo sui disturb en mon place. Le Court fuit longeinent en doubt de e'est matter; et apres grand deliberation eu, Judgment suit donné pour le Pl. nisi causa. Motion in arrest of judgment; that the pied horses were snares; and thereupon an inspection was prayed. Et sur ceole court advisare vult. The above case with its law, French and Latin decorations, as evidently unlike the modern Freech, as it was unlike English, was thus humorously reported by Mr. Fortescue, afterwards a judge, and an intimate friend of Pope and Swift; and therefore inserted in their “Martinus Scriblerus.” v1.1.1.1 AM vrcks, Or, Do as other people do. Von William Vicks, as I've heard tell, A wintner was at Clerkenwell: His wife she was a vixeu vile, And oft poor Will she would rewile; For, ever vanting something new, She'd cry, “Dear Wall, I wish as you Vou'd do as other people do? . “There's neighbour Vite's, they keep a hay, And when they vants to dash away, And vie with all the beaux and belles, Avay they whip to Hornsey Wells; Then, since ve all vant something new, Dear Villiam Vicks, I wish as you Vou'd do as other people do "

[ocr errors]
[merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][ocr errors]
[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors]

Q. What is her sickness?—A. Consumption.

Q. I had an item of that ; you have got a doctor, I guess 2–Guess I have.

Q. Is your son a trader?—A. Yes.

Q. Is he his own boss 2—A. Yes.

Q. Are his spirits kedge (brisk?)—Yes; I expect they were yesterday.

Q. How did he get in business?--A. I planted him there: I was his sponsor for a thousand dallars: I guess he paid me o time; and he is now progressing slick.

obst in Acy IN GRAIN.

Bob had a wife, but so perverse, He almost wish'd her in her hearse; To mend her temper was in vain; Her spirit work'd against the grain. A fishing once she went in dudgeon, And tried the river for a gudgeon; When reaching far to hook a bite, Plump in she fell, went down outright, Which Robin saw, but, in his fright, Could scarcely hobble to the river, His Kate from drowning to deliver; Yet call'd aloud for some assistance, When Will and Tom from no small distance Flew to the bank, and found their master Quite frantic at the sad disaster. - The current was in rapid force, And with it all things went of course; They therefore put their boat-hooks down, As the stream ran, to hitch her gown; But lower they began their search, Than where she'd fallen off the perch. “What fools you are,” exclaim'd old Robin, “Thus with the tide your hooks to bob in ; Go higher up,” said patient Bob ; “The other were a fruitless job: Try, try above the place, where fate Thus robb'd me of my dearest Kate; Some chance there is in such a scheme, SAe ever went against the stream.” The servants followed in a trice Their master's orders and advice,

[blocks in formation]

Snaggs, induced me to squib them after the following fashion—

“How D. D. swaggers, M.D. rolls
I dub them both a brace of noddies:
Old D. D. has the cure of souls,
And M. D. has the care of bodies.
Betweeen them both what treatment rare
Our souls and bodies must endure,
One has the cure without the care,
And one the care without the cure.”

The applause which followed this effusion made Morris tremble for his silver medal. The president now looked at his watch : it pointed to the *. of nine: he exchanged a significant glance with the vice-president, (who also officiated as secretary,) and the latter cast his eye towards a mahogany box in the window-seat, and began to fumble 3. his keys. “Silence, gentlemen,” exclaimed the former, “and listen to a report of our committee, setting forth the objects and prospects of this institution.” The secretary then drew forth a book, and proceeded to business. The report commenced by stating, that the ob: -ject of the Epigram Club was to induce writers and speakers in general, by their precept and example, to compress what they might have to utter into as small a compass as possible. The report dilated upon the alarming increase of forensic and parliamentary eloquence, and then enumerated the number of epigrams which, with a view of stopping the farther increase of the mischief, the committee had caused to be distributed in England, Scotland, and Ireland, a great portion of which had been translated into the Hindostan and Catabaw languages; so that, to adopt their own phraseology, “they had the heartfelt delight of epigrammatizing the naked Gentoo and the tatooed Otaheitean.” The report then stated, that, by the exertions of the committee, seventeen epic poems had been strangled in their birth. “A dry subject, Mr. Secretary,” exclaimed the chairman,—“Mr. Daffodil, pray favour us with an epigram.” This request was addressed to a slender

[merged small][merged small][merged small][merged small][merged small][ocr errors]
« ZurückWeiter »