Chapter 21

BETTER AND BETTER--MORE LAW AND MORE JUSTICE--TAILS AND HEADS: THE
IMPORTANCE OF KEEPING EACH IN ITS PROPER PLACE.

Noah was incontinently transferred to the place of execution, where
I promised to meet him in time to receive his parting sigh,
curiosity inducing me first to learn the issue on the appeal. The
brigadier told me in confidence, 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