We shall now return to the law, for our laws are full of returns, and we we shall shew a compendium of law [takes the wig]; parts of practice in the twist of the tail.—The depth of a full bottom denotes the length of a chancery suit, and the black coif behind, like a blistering plaister, seems to shew us that law is a great irritator, and only to be used in cases of necessity.
We shall now beg leave to change the fashion of the head-dress, for, like a poor periwig-maker, I am obliged to mount several patterns on the same block.
[Puts on the wig, and takes the nosegay.]
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Law is law, law is law, and as in such and so forth, and hereby, and aforesaid, provided always, nevertheless, notwithstanding. Law is like a country dance, people are led up and down in it till they are tired. Law is like a book of surgery, there are a great many terrible cases in it. It is also like physic, they that take least of it are best off. Law is like a homely gentlewoman, very well to follow. Law is like a scolding wife, very bad when it follows us. Law is like a new fashion, people are bewitched to get into it; it is also like bad weather, most people are glad when they get out of it.
We shall now mention a cause, called "Bullum versus Boatum:" it was a cause that came before me. The cause was as follows.
There were two farmers; farmer A and farmer B. Farmer A was seized or possessed of a bull: farmer B was possessed of a ferry-boat. Now the owner of the ferry-boat, having made his boat fast to a post on shore, with a piece of hay, twisted rope-fashion, or, as we say, vulgo vocato, a hay-band.
After he had made his boat fast to a post on shore, as it was very natural for a hungry man to do, he went up town to dinner; farmer A's bull, as it was very natural for a hungry bull to do, came down town to look for a dinner; and, observing, discovering, seeing, and spying-out, some turnips in the bottom of the ferry-boat, the bull scrambled into the ferry-boat: he ate up the turnips, and, to make an end of his meal, fell to work upon the hay-band: the boat, being eaten from its moorings, floated down the river, with the bull in it: it struck against a rock; beat a hole in the bottom of the boat, and tossed the bull overboard; whereupon the owner of the bull brought his action against the boat, for running away with the bull. The owner of the boat brought his action against the bull for running away with the boat. And thus notice of trial was given, Bullum versus Boatum, Boatum versus Bullum.
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Now the Counsel for the bull began with saying, "My Lord, and you gentlemen of the jury, we are counsel in this cause for the bull. We are indicted for running away with the boat. Now, my Lord, we have heard of running horses, but never of running bulls before. Now, my Lord, the bull could no more run away with the boat than a man in a coach may be said to run away with the horses; therefore, my Lord, how can we punish what is not punishable? How can we eat what is not eatable? Or, how can we drink what is not drinkable? Or, as the law says, how can we think on what is not thinkable? Therefore, my Lord, as we are counsel in this cause for the bull, if the jury should bring the bull in guilty, the jury would be guilty of a bull."
The counsel for the boat observed that the bull should be nonsuited, because, in his declaration, he had not specified what colour he was of; for thus wisely, and thus learnedly, spoke the counsel.—"My Lord, if the bull was of no colour, he must be of some colour; and, if he was not of any colour, what colour could the bull be of?" I over-ruled this motion myself, by observing the bull was a white bull, and that white is no colour: besides, as I told my brethren, they should not trouble their heads to talk of colour in the law, for the law can colour any thing. This cause being afterwards left to a reference, upon the award both bull and boat were acquitted, it being proved that the tide of the river carried them both away; upon which I gave it as my opinion, that, as the tide of the river carried both bull and boat away, both bull and boat had a good action against the water-bailiff.
My opinion being taken, an action was issued, and, upon the traverse, this point of law arose, How, wherefore, and whether, why, when, and what, whatsoever, whereas, and whereby, as the boat was not a compos mentis evidence, how could an oath be administered? That point was soon settled by Boatum's attorney declaring that, for his client, he would swear any thing.
The water-bailiff's charter was then read, taken out of the original record in true law Latin; which set forth, in their declaration, that they were carried away either by the tide of flood or the tide of ebb. The charter of the water-bailiff was as follows. "AquÆ bailiffi est magistrates in choisi, sapor omnibus fishibus qui habuerunt finnos et scalos, claws, shells, et talos, qui swimmare in freshibus, vel saltibus reveris lakos, pondis, canalibus et well-boats, sive oysteri, prawni, whitini, shrimpi, turbutus solus;" that is, not turbots alone, but turbots and soals both together. But now comes the nicety of the law; the law is as nice as a new-laid egg, and not to be understood by addle-headed people. Bullum and Boatum mentioned both ebb and flood to avoid quibbling; but, it being proved that they were carried away neither by the tide of flood, nor by the tide of ebb, but exactly upon the top of high water, they were nonsuited; but, such was the lenity of the court, upon their paying all costs, they were allowed to begin again, de novo.
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This is one of those many thousand Heads [takes the head] who swarm in and about London, whose times and minds are divided between the affairs of state and the affairs of a kitchen. He was anxious after venison and politics; he believed every cook to be a great genius; and to know how to dress a turtle comprehended all the arts and sciences together. He was always hunting after newspapers, to read about battles; and imagined soldiers and sailors were only made to be knock'd on the head, that he might read an account of it in the papers. He read every political pamphlet that was published on both sides of the question, and was always on his side whom he read last.
And then he'd come home in a good or ill temper and call for his night-cap, and pipes and tobacco, and send for some neighbours to sit with him, and talk politics together. [Puts on a cap, and takes the pipes and sits down.]
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"How do you do, Mr. Costive? Sit down, sit down. Ay, these times are hard times; I can no more relish these times than I can a haunch of venison without sweet sauce to it; but, if you remember, I told you we should have warm work of it when the cook threw down the Kian pepper. Ay, ay; I think I know a thing or two; I think I do, that's all. But, Lord, what signifies what one knows? they don't mind me! You know I mentioned at our club the disturbances in America, and one of the company took me up, and said, 'What signifies America, when we are all in a merry cue?' So they all fell a laughing. Now there's Commons made Lords, and there's Lords made the Lord knows what; but that's nothing to us; they make us pay our taxes; they take care of that; ay, ay, ay, they are sure of that. Pray what have they done for these twenty years last past?—Why, nothing at all; they have only made a few turnpike roads, and kept the partridges alive till September; that's all they have done, for the good of their country. There were some great people formerly, that lov'd their country, that did every thing for the good of their country; there were your Alexander the Great—he lov'd his country, and Julius Caesar lov'd his country, and Charles of Sweedland lov'd his country, and Queen Semiramis, she lov'd her country more than any of 'em, for she invented solomon-gundy; that's the best eating in the whole world. Now I'll shew you my plan of operations, Mr. Costive.—We'll suppose this drop of punch here to be the main ocean, or the sea; very well. These pieces of cork to be our men of war; very well. Now where shall I raise my fortifications? I wish I had Mr. Major Moncrieff here; he's the best in the world at raising a fortification. Oh! I have it. [Breaks the pipes.] We'll suppose them to be all the strong fortified places in the whole world; such as Fort Omoa, Tilbury Fort, Bergen op Zoom, and Tower Ditch, and all the other fortified places all over the world. Now I'd have all our horse-cavalry wear cork waistcoats, and all our foot-infantry should wear air jackets. Then, sir, they'd cross the sea before you could say Jack Robinson. And where do you think they should land, Mr. Costive? whisper me that. Ha!—What?—When?—How?—You don't know.—How should you!—Was you ever in Germany or Bohemia?—Now, I have; I understands jography. Now they should land in America, under the line, close to the south pole; there they should land every mother's babe of 'em. Then there's the Catabaws, and there's the Catawaws; there's the Cherokees, and there's the ruffs and rees; they are the four great nations. Then I takes my Catabaws all across the continent, from Jamaica to Bengal; then they should go to the Mediterranean. You know where the Mediterranean is?—No, you know nothing; I'll tell you; the Mediterranean is the metropolis of Constantinople. Then I'd send a fleet to blockade Paris till the French king had given up Paul Jones; then I'd send for General Clinton and Colonel Tarleton; and—Where was I, Mr. Costive; with Tarleton;—Thank ye—so I was; but you are so dull, Mr Costive, you put me out. Now I'll explain the whole affair to you; you shan't miss a word of it. Now there is the king of Prussia and the empress of Russia, and the nabob of Arcot, and the king of the Hottentots, are all in the Protestant interest; they make a diversion upon all the Cham of Tartary's back setlements; then Sir Guy Carleton comes with a circumbendibus, and retakes all the islands, Rhode Island and all; and takes 'em here and there, and there and here, and every where. There is the whole affair explained at once to you."
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This is the head of a Proud Man: all heads in that predicament are unsound. This man was rich; and as wealth is a certain hot-bed to raise flatterers, he had enough of them; they told him he was every thing; he believed them, and always spoke in the first person, saying, I, I, I—I will have it so; I know it;—I, I—which puts one in mind of a school-boy toning out before his mistress's knees, I by itself I. Yet there is one piece of pride which may be thought excusable; and that is, that honest exultation of heart which every public performer feels from the approbation of his auditors; gratefully does he acknowledge their indulgence, and with sincerity declares that the utmost exertion of his abilities can never equal the favour of the public.
By way of Epilogue, here are two wigs. [Takes two wigs.] This is called the full-buckled bob, and carries a consequentially along with it: it is worn by those people who frequent city feasts, and gorge themselves at a Lord-Mayor's-show dinner; and, with one of these wigs on, their double chins rested upon their breasts, and their shoulders up, they seem as if they had eaten themselves into a state of indigestion, or else had bumpered themselves out of breath with bottled beer. [Puts on the wig.] "Waiter! bring me a ladleful of soup. You dog, don't take off that haunch of venison yet!—Bring me the lamb, a glass of currant jelly, and a clean plate. A hob-nob, sir." "With all my heart." "Two bumpers of Madeira!—Love, health, and ready rhino, to all the friends that you and I know."—On the contrary, these lank looks form the half-famished face. [Puts on the Methodist hair, and takes the tub.]
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The floor of the world is filthy, the mud of Mammon eats up all your upper leathers, and we are all become sad soals. Brethren, (the word brethren comes from the tabernacle, because we all breathe therein), if you are drowsy I'll rouse you, I'll beat a tattoo upon the parchment case of your conscience, and I'll whisk the devil like a whirligig among you. Now let me ask you a question seriously. Did you ever see any body eat any hasty-pudding? What faces they make when it scalds their mouths! Phoo, phoo, phoo! What faces will you all make when old Nick nicks you? Now unto a bowl of punch I compare matrimony; there's the sweet part of it, which is the honey-moon: then there's the largest part of it, that's the most insipid, that comes after, and that's the water; then there's the strong spirits, that's the husband; then there's the sour spirit, that's the wife. But you don't mind me, no more than a dead horse does a pair of spectacles; if you did, the sweet words which I utter would be like a treacle posset to your palates. Do you know how many taylors make a man?—Why nine. How many half a man?—Why four journeymen and an apprentice. So have you all been bound 'prentices to madam Faddle, the fashion-maker; ye have served your times out, and now you set up for yourselves. My bowels and my small guts groan for you; as the cat on the house-top is caterwauling, so from the top of my voice will I be bawling. Put—put some money in the plate, then your abomination shall be scalded off like bristles from the hog's back, and ye shall be scalped of them all as easily as I pull off this periwig.
My attempt you have heard to succeed the projector, And I tremblingly wait your award of this lecture; No merits I plead, but what's fit for my station, And that is the merit of your approbation. And, since for mere mirth I exhibit this plan, Condemn, if you please—but excuse, if you can.
END OF THE LECTURE,