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By the word black, all the horses that are black are devited ; by the word white, are devised those that are white ; and by the same cuord, 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, pyed is black and white.
If therefore black and white horses are devised, pyed hories shall pass by such devise; but black and white horses are devised; ergo, the pl. shall have the pyed horses.
Catlyne ferjeant : Moy semble al contrary, the Pour le defend. plaintif sal not have the pyed horses by intend
ment; for, if by the devife 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 pyed and grey horses, but also red or bay horses would pafs likewise; which would be absurd, and against reaTon. And this is another strong argument in law, Nihil; quod eft contra rationem, eft 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 nafcitur artifex, and legal reason eft fumma ratio ; and therefore if all the reason that is dispersed into so many different beads, were united into one, he could not make such a law as the law of England; because by many Jucceflions of ages it has been fixed and refixed by grave and learned men; so that the old rule may be verified ix it, Neminem oportet esse legibus fapientiorem.
As therefore pyed horses do not come within the intendment of the bequeft, so neither do they within the letter of the words..
A pyed horfe is not a white horse, neither is a pyed a black horle ; how then can pyed horses come under the qvords of black and white hortes ?
Besides, where custom hath adapted a certain determinate name to any one thing, in all devises, feofments, and grants, that certain name shall be made use of, and no uncertain circumlocutory descriptions fhall beallowed;
for certainty is the father of right, and the mother of juflice.
Le reste del argument jeo ne pouvois oyer, car jeo sui disturb en mon place.
Le court fuit longement en doubt' de c'est matters ; apres grand deliberation eu,
Judgment fuit donné pour le pl. nisi caufa. Motion in arrest of judgment, that the pyed horses were mares; and thereupon an inspection was prayed.
Et fur ceo le court advisare vulti
A Treatise, proving beyond all contradiction
the dangerous tendency of a late poem, intitled, The Rape of the Lock, to government and religion.
Written in the Year 1714.
INCE this unhappy division of our nation into
tifices have been made use of by writers to ob!cure the truth, and cover designs which may be detrimental to the public. In particular, it has been their custom of late to vent their political spleen in allegory and fable, If an honest believing nation is to be made a jest ot, we have a story of John Bull and his wife; if a treasurer is to be glanced at, an ant with a white praw is introduçed; it a treaty commerce is to be ridiculed, it is in. mediately metamorphosed into a tale of count Tariff.
any of these malevolents have a sinall talent in rhime, they principally delight to convey their malice in that pleasing way; as it were, gilding the pill, and con• cealing the poison under the sweetness of numbers,
It is the duty of every well deligning subject to prevent, as far as he can, the ill confequences of such pernicious treatises; and I hold it mine to warn the public of a late poem, intitled, the Rape of the LOCK; which I thall demonstrate to be of this nature.
It is a coinmon and just observation, that, when the meaning of any thing is dubious, one can no way better judge of the true intent of it, than by considering who is The author, what is his character in general, and his dilposition in particulur.
Now, that the author of this poem is a reputed papist, is well-known; and that a genius lo capable of doing fer. vice to that caule may have been corrupted in the course of his education by jeluits or others, is justly very much to be suspected; notwithstanding that feeming coolness and moderation, which he had been (perhaps artfully) reproached with by those of his own perfuasion. They are fensible, that this nation is secured by good and whole. fome laws, to prevent all evil practices of the church of Rome ; particularly the publication of books, that may in any fort propagaie that doctrine: their authors are therefore obliged to couch their designs the deeper ; and though I cannot aver the intention of this gentleman was directly to spread popith doctrines, yet it comes to the fame point if he touch the government: for the cours of Rome knows very well, that the church at this tine is fo firmly founded on the state, that the only way to shake the one is by attacking the other.
What confirms me in this opinion, is an accidental discovery I made of a very artful piece of management amorg his popish friends and abettors, to hide his whole design upon the government; by taking all the characters upon themselves.
Upon the day tliat this poem was published, it was my fortune to step into the Cocoa-tree, where a certain gentleman was railing very liberally at the author with a pars fion extremely well counterfeited, for having, as he faid, reflected upon him in the character of Sir Pluine. Upon his going out, I enquired who he was, and they told me he was a Roman catholic Knight:
I was the same evening at Will's, and saw a circle round another gentleman, who was railing in like manner, and Niewing his snuff box and cane to prove he was satirized in the same character. I asked this gentleman's name, aud was told he was a Roman catholic Lord. A day or two after I happened to be in company
young Lady, to whom the poem is dedicated. She allo took
the character of Belinda with much frankþess and good humour, though the author has given us a bint in his dedication t, that he meant fomething further.
Tuis of * The character of Belinda (as it is here managed) re
This Lady is also a Roman catholic. At the same time others of the characters were claimed by some persons in the room ; and all of them Roman Catholics.
But to proceed to the work itself:
In all things which are intricate, as allegories in their own nature are, and especially thole that are industrivully made so, it is not to be expected we should find the clue at first sight: but when once we have laid hold on that, we shall trace this our author through all the laby. sinths, doublings, and turnings of this intricate compolo tion.
First then, let it be observed, that in the most demonArative sciences some poflulata are to be granted, upon which the rest is naturally founded.
The only postulatum or concession which I desire to be nade me, is, that by the Leck is meant
The BARRIER TREAT Y. * 1, First then, I hill discover, that Belinda represents Great Britain, or, which is the fame thing, her late Majelly. This is plainly seen in his description of her :
On her white breast a sparkling cross she bore : alluding to the antient name of Albion, from her white ciiffs, and to ihe cross which is the enlign of England.
II The baron, who cuts off the Lock, or barrier-trea. ty, is the E of Oxford.
III. Clariffa, who lent the fcisfars, my Lady Malham.
IV. Thaleftiis, who provokes Belinda to resent the loss of the Lock, or Treaty, the Ducl.ess of Marlborough.
V. Sir Plume, who is moved by Thaleftris to rede mand it of Great Britain, Prince Eugene, who came hither for that purpose.
There are some other inferior characters, which we
you in nothing but beauty." Dedication to the Rape of the Lock.
* For a full account of the political transactions relating to this treaty, see The Conduit of the Allics; and, Remarks on the Barrier-Treaty, vol. ii.