, as we went to the other hall, that the affair was
now getting to be one of great interest; that hitherto it had been mere
boy's play, but it would in future require counsel of great reading and
research to handle the arguments, and that he flattered himself there
was a good occasion likely to present itself, for him to show what
monikin reason really was.
The whole of the twelve wore tail-cases, and altogether they presented
a formidable array of intellectual development. As the cause of Noah was
admitted to be one of more than common urgency, after hearing only three
or four other short applications on behalf of the crown, whose rights
always have precedence on such occasions, the attorney-general of the
king was desired to open his case.
The learned counsel spoke, in anticipation, to the objections of
both his adversaries, beginning with those of my brother Downright.
Forthwith, he contended, might be at any period of the twenty-four
hours, according to the actual time of using the term. Thus, forthwith
of a morning, would mean in the morning; forthwith at noon, would mean
at noon; and so on to the close of the legal day. Moreover, in a legal
signification, forthwith must mean between sunrise and sunset, the
statute commanding that all executions shall take place by the light
of the sun, and consequently the two terms ratified and confirmed each
other, instead of conveying a contradiction, or of neutralizing each
other, as would most probably be contended by the opposite counsel.
To all this my brother Downright, as is usual on such occasions,
objected pretty much the converse. He maintained that ALL light
proceeded from the sun; and that the statute, therefore, could only mean
that there should be no executions during eclipses, a period when
the whole monikin race ought to be occupied in adoration. Forthwith,
moreover, did not necessarily mean forthwith, for forthwith meant
immediately; and "between sunrise and sunset" meant between sunrise and
sunset; which might be immediately, or might not.
On this point the twelve judges decided, firstly, that forthwith did not
mean forthwith; secondly, that forthwith did mean forthwith; thirdly,
that forthwith had two legal meanings; fourthly, that it was illegal to
apply one of these legal meanings to a wrong legal purpose; and fifthly,
that the objection was of no avail, as respected the case of No. 1,
sea-water-color. Ordered, therefore, that the criminal lose his ta
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