Friday 20 May 2022

16

 

 



THE LIFE AND OPINIONS OF

TRISTRAM SHANDY, GENTLEMAN

 

PART 16

 

 

C H A P.   LX

 

—NO doubt, Sir,—there is a whole chapter wanting here—and a chasm of ten pages made in the book by it—but the book-binder is neither a fool, or a knave, or a puppy—nor is the book a jot more imperfect (at least upon that score)——but, on the contrary, the book is more perfect and complete by wanting the chapter, than having it, as I shall demonstrate to your reverences in this manner.—I question first, by-the-bye, whether the same experiment might not be made as successfully upon sundry other chapters——but there is no end, an’ please your reverences, in trying experiments upon chapters——we have had enough of it——So there’s an end of that matter.

 

But before I begin my demonstration, let me only tell you, that the chapter which I have torn out, and which otherwise you would all have been reading just now, instead of this——was the description of my father’s, my uncle Toby’s, Trim’s, and Obadiah’s setting out and journeying to the visitation at ****

 

We’ll go in the coach, said my father—Prithee, have the arms been altered, Obadiah?—It would have made my story much better to have begun with telling you, that at the time my mother’s arms were added to the Shandy’s, when the coach was re-painted upon my father’s marriage, it had so fallen out that the coach-painter, whether by performing all his works with the left hand, like Turpilius the Roman, or Hans Holbein of Basil——or whether ’twas more from the blunder of his head than hand——or whether, lastly, it was from the sinister turn which every thing relating to our family was apt to take——it so fell out, however, to our reproach, that instead of the bend-dexter, which since Harry the Eighth’s reign was honestly our due——a bend-sinister, by some of these fatalities, had been drawn quite across the field of the Shandy arms. ’Tis scarce credible that the mind of so wise a man as my father was, could be so much incommoded with so small a matter. The word coach—let it be whose it would—or coach-man, or coach-horse, or coach-hire, could never be named in the family, but he constantly complained of carrying this vile mark of illegitimacy upon the door of his own; he never once was able to step into the coach, or out of it, without turning round to take a view of the arms, and making a vow at the same time, that it was the last time he would ever set his foot in it again, till the bend-sinister was taken out—but like the affair of the hinge, it was one of the many things which the Destinies had set down in their books ever to be grumbled at (and in wiser families than ours)—but never to be mended.

 

—Has the bend-sinister been brush’d out, I say? said my father.——There has been nothing brush’d out, Sir, answered Obadiah, but the lining. We’ll go o’horseback, said my father, turning to Yorick—Of all things in the world, except politicks, the clergy know the least of heraldry, said Yorick.—No matter for that, cried my father——I should be sorry to appear with a blot in my escutcheon before them.—Never mind the bend-sinister, said my uncle Toby, putting on his tye-wig.——No, indeed, said my father—you may go with my aunt Dinah to a visitation with a bend-sinister, if you think fit—My poor uncle Toby blush’d. My father was vexed at himself.——No——my dear brother Toby, said my father, changing his tone——but the damp of the coach-lining about my loins, may give me the sciatica again, as it did December, January, and February last winter—so if you please you shall ride my wife’s pad——and as you are to preach, Yorick, you had better make the best of your way before——and leave me to take care of my brother Toby, and to follow at our own rates.

 

Now the chapter I was obliged to tear out, was the description of this cavalcade, in which Corporal Trim and Obadiah, upon two coach-horses a-breast, led the way as slow as a patrole——whilst my uncle Toby, in his laced regimentals and tye-wig, kept his rank with my father, in deep roads and dissertations alternately upon the advantage of learning and arms, as each could get the start.

 

—But the painting of this journey, upon reviewing it, appears to be so much above the stile and manner of any thing else I have been able to paint in this book, that it could not have remained in it, without depreciating every other scene; and destroying at the same time that necessary equipoise and balance, (whether of good or bad) betwixt chapter and chapter, from whence the just proportions and harmony of the whole work results. For my own part, I am but just set up in the business, so know little about it—but, in my opinion, to write a book is for all the world like humming a song—be but in tune with yourself, madam, ’tis no matter how high or how low you take it.

 

—This is the reason, may it please your reverences, that some of the lowest and flattest compositions pass off very well——(as Yorick told my uncle Toby one night) by siege.——My uncle Toby looked brisk at the sound of the word siege, but could make neither head or tail of it.

 

I’m to preach at court next Sunday, said Homenas——run over my notes——so I humm’d over doctor Homenas’s notes—the modulation’s very well—’twill do, Homenas, if it holds on at this rate——so on I humm’d——and a tolerable tune I thought it was; and to this hour, may it please your reverences, had never found out how low, how flat, how spiritless and jejune it was, but that all of a sudden, up started an air in the middle of it, so fine, so rich, so heavenly,—it carried my soul up with it into the other world; now had I (as Montaigne complained in a parallel accident)—had I found the declivity easy, or the ascent accessible——certes I had been outwitted.——Your notes, Homenas, I should have said, are good notes;——but it was so perpendicular a precipice——so wholly cut off from the rest of the work, that by the first note I humm’d I found myself flying into the other world, and from thence discovered the vale from whence I came, so deep, so low, and dismal, that I shall never have the heart to descend into it again.

 

=>A dwarf who brings a standard along with him to measure his own size—take my word, is a dwarf in more articles than one.—And so much for tearing out of chapters.

 

C H A P.   LXI

 

——SEE if he is not cutting it into slips, and giving them about him to light their pipes!——’Tis abominable, answered Didius; it should not go unnoticed, said doctor Kysarcius—— => he was of the Kysarcii of the Low Countries.

 

Methinks, said Didius, half rising from his chair, in order to remove a bottle and a tall decanter, which stood in a direct line betwixt him and Yorick——you might have spared this sarcastic stroke, and have hit upon a more proper place, Mr. Yorick—or at least upon a more proper occasion to have shewn your contempt of what we have been about: If the sermon is of no better worth than to light pipes with——’twas certainly, Sir, not good enough to be preached before so learned a body; and if ’twas good enough to be preached before so learned a body——’twas certainly Sir, too good to light their pipes with afterwards.

 

——I have got him fast hung up, quoth Didius to himself, upon one of the two horns of my dilemma——let him get off as he can.

 

I have undergone such unspeakable torments, in bringing forth this sermon, quoth Yorick, upon this occasion——that I declare, Didius, I would suffer martyrdom—and if it was possible my horse with me, a thousand times over, before I would sit down and make such another: I was delivered of it at the wrong end of me——it came from my head instead of my heart——and it is for the pain it gave me, both in the writing and preaching of it, that I revenge myself of it, in this manner—To preach, to shew the extent of our reading, or the subtleties of our wit—to parade in the eyes of the vulgar with the beggarly accounts of a little learning, tinsel’d over with a few words which glitter, but convey little light and less warmth——is a dishonest use of the poor single half hour in a week which is put into our hands—’Tis not preaching the gospel—but ourselves——For my own part, continued Yorick, I had rather direct five words point-blank to the heart.—

 

As Yorick pronounced the word point-blank, my uncle Toby rose up to say something upon projectiles——when a single word and no more uttered from the opposite side of the table drew every one’s ears towards it—a word of all others in the dictionary the last in that place to be expected—a word I am ashamed to write—yet must be written——must be read—illegal—uncanonical—guess ten thousand guesses, multiplied into themselves—rack—torture your invention for ever, you’re where you was——In short, I’ll tell it in the next chapter.

 

C H A P.   LXII

 

ZOUNDS!————————————————————————Z——ds! cried Phutatorius, partly to himself——and yet high enough to be heard—and what seemed odd, ’twas uttered in a construction of look, and in a tone of voice, somewhat between that of a man in amazement and one in bodily pain.

 

One or two who had very nice ears, and could distinguish the expression and mixture of the two tones as plainly as a third or a fifth, or any other chord in musick—were the most puzzled and perplexed with it—the concord was good in itself—but then ’twas quite out of the key, and no way applicable to the subject started;——so that with all their knowledge, they could not tell what in the world to make of it.

 

Others who knew nothing of musical expression, and merely lent their ears to the plain import of the word, imagined that Phutatorius, who was somewhat of a cholerick spirit, was just going to snatch the cudgels out of Didius’s hands, in order to bemaul Yorick to some purpose—and that the desperate monosyllable Z——ds was the exordium to an oration, which, as they judged from the sample, presaged but a rough kind of handling of him; so that my uncle Toby’s good-nature felt a pang for what Yorick was about to undergo. But seeing Phutatorius stop short, without any attempt or desire to go on—a third party began to suppose, that it was no more than an involuntary respiration, casually forming itself into the shape of a twelve-penny oath—without the sin or substance of one.

 

Others, and especially one or two who sat next him, looked upon it on the contrary as a real and substantial oath, propensly formed against Yorick, to whom he was known to bear no good liking—which said oath, as my father philosophized upon it, actually lay fretting and fuming at that very time in the upper regions of Phutatorius’s purtenance; and so was naturally, and according to the due course of things, first squeezed out by the sudden influx of blood which was driven into the right ventricle of Phutatorius’s heart, by the stroke of surprize which so strange a theory of preaching had excited.

 

How finely we argue upon mistaken facts!

 

There was not a soul busied in all these various reasonings upon the monosyllable which Phutatorius uttered—who did not take this for granted, proceeding upon it as from an axiom, namely, that Phutatorius’s mind was intent upon the subject of debate which was arising between Didius and Yorick; and indeed as he looked first towards the one and then towards the other, with the air of a man listening to what was going forwards—who would not have thought the same? But the truth was, that Phutatorius knew not one word or one syllable of what was passing—but his whole thoughts and attention were taken up with a transaction which was going forwards at that very instant within the precincts of his own Galligaskins, and in a part of them, where of all others he stood most interested to watch accidents: So that notwithstanding he looked with all the attention in the world, and had gradually skrewed up every nerve and muscle in his face, to the utmost pitch the instrument would bear, in order, as it was thought, to give a sharp reply to Yorick, who sat over-against him——yet, I say, was Yorick never once in any one domicile of Phutatorius’s brain——but the true cause of his exclamation lay at least a yard below.

 

This I will endeavour to explain to you with all imaginable decency.

 

You must be informed then, that Gastripheres, who had taken a turn into the kitchen a little before dinner, to see how things went on—observing a wicker-basket of fine chesnuts standing upon the dresser, had ordered that a hundred or two of them might be roasted and sent in, as soon as dinner was over— Gastripheres inforcing his orders about them, that Didius, but Phutatorius especially, were particularly fond of ’em.

 

About two minutes before the time that my uncle Toby interrupted Yorick’s harangue—Gastripheres’s chesnuts were brought in—and as Phutatorius’s fondness for ’em was uppermost in the waiter’s head, he laid them directly before Phutatorius, wrapt up hot in a clean damask napkin.

 

Now whether it was physically impossible, with half a dozen hands all thrust into the napkin at a time—but that some one chesnut, of more life and rotundity than the rest, must be put in motion—it so fell out, however, that one was actually sent rolling off the table; and as Phutatorius sat straddling under——it fell perpendicularly into that particular aperture of Phutatorius’s breeches, for which, to the shame and indelicacy of our language be it spoke, there is no chaste word throughout all Johnson’s dictionary——let it suffice to say——it was that particular aperture which, in all good societies, the laws of decorum do strictly require, like the temple of Janus (in peace at least) to be universally shut up.

 

The neglect of this punctilio in Phutatorius (which by-the-bye should be a warning to all mankind) had opened a door to this accident.——

 

Accident I call it, in compliance to a received mode of speaking——but in no opposition to the opinion either of Acrites or Mythogeras in this matter; I know they were both prepossessed and fully persuaded of it—and are so to this hour, That there was nothing of accident in the whole event——but that the chesnut’s taking that particular course, and in a manner of its own accord—and then falling with all its heat directly into that one particular place, and no other——was a real judgment upon Phutatorius for that filthy and obscene treatise de Concubinis retinendis, which Phutatorius had published about twenty years ago——and was that identical week going to give the world a second edition of.

 

It is not my business to dip my pen in this controversy——much undoubtedly may be wrote on both sides of the question—all that concerns me as an historian, is to represent the matter of fact, and render it credible to the reader, that the hiatus in Phutatorius’s breeches was sufficiently wide to receive the chesnut;——and that the chesnut, somehow or other, did fall perpendicularly, and piping hot into it, without Phutatorius’s perceiving it, or any one else at that time.

 

The genial warmth which the chesnut imparted, was not undelectable for the first twenty or five-and-twenty seconds——and did no more than gently solicit Phutatorius’s attention towards the part:——But the heat gradually increasing, and in a few seconds more getting beyond the point of all sober pleasure, and then advancing with all speed into the regions of pain, the soul of Phutatorius, together with all his ideas, his thoughts, his attention, his imagination, judgment, resolution, deliberation, ratiocination, memory, fancy, with ten battalions of animal spirits, all tumultuously crowded down, through different defiles and circuits, to the place of danger, leaving all his upper regions, as you may imagine, as empty as my purse.

 

With the best intelligence which all these messengers could bring him back, Phutatorius was not able to dive into the secret of what was going forwards below, nor could he make any kind of conjecture, what the devil was the matter with it: However, as he knew not what the true cause might turn out, he deemed it most prudent in the situation he was in at present, to bear it, if possible, like a Stoick; which, with the help of some wry faces and compursions of the mouth, he had certainly accomplished, had his imagination continued neuter;——but the sallies of the imagination are ungovernable in things of this kind—a thought instantly darted into his mind, that tho’ the anguish had the sensation of glowing heat—it might, notwithstanding that, be a bite as well as a burn; and if so, that possibly a Newt or an Asker, or some such detested reptile, had crept up, and was fastening his teeth——the horrid idea of which, with a fresh glow of pain arising that instant from the chesnut, seized Phutatorius with a sudden panick, and in the first terrifying disorder of the passion, it threw him, as it has done the best generals upon earth, quite off his guard:——the effect of which was this, that he leapt incontinently up, uttering as he rose that interjection of surprise so much descanted upon, with the aposiopestic break after it, marked thus, Z——ds—which, though not strictly canonical, was still as little as any man could have said upon the occasion;——and which, by-the-bye, whether canonical or not, Phutatorius could no more help than he could the cause of it.

 

Though this has taken up some time in the narrative, it took up little more time in the transaction, than just to allow time for Phutatorius to draw forth the chesnut, and throw it down with violence upon the floor—and for Yorick to rise from his chair, and pick the chesnut up.

 

It is curious to observe the triumph of slight incidents over the mind:——What incredible weight they have in forming and governing our opinions, both of men and things——that trifles, light as air, shall waft a belief into the soul, and plant it so immoveably within it——that Euclid’s demonstrations, could they be brought to batter it in breach, should not all have power to overthrow it.

 

Yorick, I said, picked up the chesnut which Phutatorius’s wrath had flung down——the action was trifling——I am ashamed to account for it—he did it, for no reason, but that he thought the chesnut not a jot worse for the adventure—and that he held a good chesnut worth stooping for.——But this incident, trifling as it was, wrought differently in Phutatorius’s head: He considered this act of Yorick’s in getting off his chair and picking up the chesnut, as a plain acknowledgment in him, that the chesnut was originally his—and in course, that it must have been the owner of the chesnut, and no one else, who could have played him such a prank with it: What greatly confirmed him in this opinion, was this, that the table being parallelogramical and very narrow, it afforded a fair opportunity for Yorick, who sat directly over against Phutatorius, of slipping the chesnut in——and consequently that he did it. The look of something more than suspicion, which Phutatorius cast full upon Yorick as these thoughts arose, too evidently spoke his opinion——and as Phutatorius was naturally supposed to know more of the matter than any person besides, his opinion at once became the general one;——and for a reason very different from any which have been yet given——in a little time it was put out of all manner of dispute.

 

When great or unexpected events fall out upon the stage of this sublunary world——the mind of man, which is an inquisitive kind of a substance, naturally takes a flight behind the scenes to see what is the cause and first spring of them.—The search was not long in this instance.

 

It was well known that Yorick had never a good opinion of the treatise which Phutatorius had wrote de Concubinis retinendis, as a thing which he feared had done hurt in the world——and ’twas easily found out, that there was a mystical meaning in Yorick’s prank—and that his chucking the chesnut hot into Phutatorius’s ***——***, was a sarcastical fling at his book—the doctrines of which, they said, had enflamed many an honest man in the same place.

 

This conceit awaken’d Somnolentus——made Agelastes smile——and if you can recollect the precise look and air of a man’s face intent in finding out a riddle——it threw Gastripheres’s into that form—and in short was thought by many to be a master-stroke of arch-wit.

 

This, as the reader has seen from one end to the other, was as groundless as the dreams of philosophy: Yorick, no doubt, as Shakespeare said of his ancestor——“was a man of jest,” but it was temper’d with something which withheld him from that, and many other ungracious pranks, of which he as undeservedly bore the blame;—but it was his misfortune all his life long to bear the imputation of saying and doing a thousand things, of which (unless my esteem blinds me) his nature was incapable. All I blame him for——or rather, all I blame and alternately like him for, was that singularity of his temper, which would never suffer him to take pains to set a story right with the world, however in his power. In every ill usage of that sort, he acted precisely as in the affair of his lean horse——he could have explained it to his honour, but his spirit was above it; and besides, he ever looked upon the inventor, the propagator and believer of an illiberal report alike so injurious to him—he could not stoop to tell his story to them——and so trusted to time and truth to do it for him.

 

This heroic cast produced him inconveniences in many respects—in the present it was followed by the fixed resentment of Phutatorius, who, as Yorick had just made an end of his chesnut, rose up from his chair a second time, to let him know it—which indeed he did with a smile; saying only—that he would endeavour not to forget the obligation.

 

But you must mark and carefully separate and distinguish these two things in your mind.

 

——The smile was for the company.

 

——The threat was for Yorick.

 

C H A P.   LXIII

 

—CAN you tell me, quoth Phutatorius, speaking to Gastripheres who sat next to him——for one would not apply to a surgeon in so foolish an affair——can you tell me, Gastripheres, what is best to take out the fire?——Ask Eugenius, said Gastripheres.——That greatly depends, said Eugenius, pretending ignorance of the adventure, upon the nature of the part——If it is a tender part, and a part which can conveniently be wrapt up——It is both the one and the other, replied Phutatorius, laying his hand as he spoke, with an emphatical nod of his head, upon the part in question, and lifting up his right leg at the same time to ease and ventilate it.——If that is the case, said Eugenius, I would advise you, Phutatorius, not to tamper with it by any means; but if you will send to the next printer, and trust your cure to such a simple thing as a soft sheet of paper just come off the press—you need do nothing more than twist it round.—The damp paper, quoth Yorick (who sat next to his friend Eugenius) though I know it has a refreshing coolness in it—yet I presume is no more than the vehicle—and that the oil and lamp-black with which the paper is so strongly impregnated, does the business.—Right, said Eugenius, and is, of any outward application I would venture to recommend, the most anodyne and safe.

 

Was it my case, said Gastripheres, as the main thing is the oil and lamp-black, I should spread them thick upon a rag, and clap it on directly.——That would make a very devil of it, replied Yorick.——And besides, added Eugenius, it would not answer the intention, which is the extreme neatness and elegance of the prescription, which the Faculty hold to be half in half;——for consider, if the type is a very small one (which it should be) the sanative particles, which come into contact in this form, have the advantage of being spread so infinitely thin, and with such a mathematical equality (fresh paragraphs and large capitals excepted) as no art or management of the spatula can come up to.——It falls out very luckily, replied Phutatorius, that the second edition of my treatise de Concubinis retinendis is at this instant in the press.——You may take any leaf of it, said Eugenius——no matter which.——Provided, quoth Yorick, there is no bawdry in it.——

 

They are just now, replied Phutatorius, printing off the ninth chapter——which is the last chapter but one in the book.——Pray what is the title of that chapter? said Yorick; making a respectful bow to Phutatorius as he spoke.——I think, answered Phutatorius, ’tis that de re concubinaria.

 

For Heaven’s sake keep out of that chapter, quoth Yorick.

 

——By all means—added Eugenius.

 

C H A P.   LXIV

 

—NOW, quoth Didius, rising up, and laying his right hand with his fingers spread upon his breast——had such a blunder about a christian-name happened before the Reformation——[It happened the day before yesterday, quoth my uncle Toby to himself]—and when baptism was administer’d in Latin—[’Twas all in English, said my uncle]——many things might have coincided with it, and upon the authority of sundry decreed cases, to have pronounced the baptism null, with a power of giving the child a new name—Had a priest, for instance, which was no uncommon thing, through ignorance of the Latin tongue, baptized a child of Tom-o’stiles, in nomine patriæ & filia & spiritum sanctos—the baptism was held null.——I beg your pardon, replied Kysarcius——in that case, as the mistake was only the terminations, the baptism was valid——and to have rendered it null, the blunder of the priest should have fallen upon the first syllable of each noun——and not, as in your case, upon the last.

 

My father delighted in subtleties of this kind, and listen’d with infinite attention.

 

Gastripheres, for example, continued Kysarcius, baptizes a child of John Stradling’s in Gomine gatris, &c. &c. instead of in Nomine patris, &c.——Is this a baptism? No—say the ablest canonists; in as much as the radix of each word is hereby torn up, and the sense and meaning of them removed and changed quite to another object; for Gomine does not signify a name, nor gatris a father.—What do they signify? said my uncle Toby.—Nothing at all——quoth Yorick.——Ergo, such a baptism is null, said Kysarcius.——

 

In course, answered Yorick, in a tone two parts jest and one part earnest.——

 

But in the case cited, continued Kysarcius, where patriæ is put for patris, filia for filii, and so on——as it is a fault only in the declension, and the roots of the words continue untouch’d, the inflections of their branches either this way or that, does not in any sort hinder the baptism, inasmuch as the same sense continues in the words as before.——But then, said Didius, the intention of the priest’s pronouncing them grammatically must have been proved to have gone along with it.——————Right, answered Kysarcius; and of this, brother Didius, we have an instance in a decree of the decretals of Pope Leo the IIId.——But my brother’s child, cried my uncle Toby, has nothing to do with the Pope——’tis the plain child of a Protestant gentleman, christen’d Tristram against the wills and wishes both of his father and mother, and all who are a-kin to it.——

 

If the wills and wishes, said Kysarcius, interrupting my uncle Toby, of those only who stand related to Mr. Shandy’s child, were to have weight in this matter, Mrs. Shandy, of all people, has the least to do in it.——My uncle Toby lay’d down his pipe, and my father drew his chair still closer to the table, to hear the conclusion of so strange an introduction.

 

——It has not only been a question, Captain Shandy, amongst the[17] best lawyers and civilians in this land, continued Kysarcius, “Whether the mother be of kin to her child,”—but, after much dispassionate enquiry and jactitation of the arguments on all sides—it has been adjudged for the negative—namely, “That the mother is not of kin to her child.”[18] My father instantly clapp’d his hand upon my uncle Toby’s mouth, under colour of whispering in his ear;—the truth was, he was alarmed for Lillabullero—and having a great desire to hear more of so curious an argument—he begg’d my uncle Toby, for heaven’s sake, not to disappoint him in it.—My uncle Toby gave a nod—resumed his pipe, and contenting himself with whistling Lillabullero inwardly——Kysarcius, Didius, and Triptolemus went on with the discourse as follows:

 

This determination, continued Kysarcius, how contrary soever it may seem to run to the stream of vulgar ideas, yet had reason strongly on its side; and has been put out of all manner of dispute from the famous case, known commonly by the name of the Duke of Suffolk’s case.——It is cited in Brook, said Triptolemus——And taken notice of by Lord Coke, added Didius.—And you may find it in Swinburn on Testaments, said Kysarcius.

 

The case, Mr. Shandy, was this:

 

In the reign of Edward the Sixth, Charles duke of Suffolk having issue a son by one venter, and a daughter by another venter, made his last will, wherein he devised goods to his son, and died; after whose death the son died also——but without will, without wife, and without child—his mother and his sister by the father’s side (for she was born of the former venter) then living. The mother took the administration of her son’s goods, according to the statute of the 21st of Harry the Eighth, whereby it is enacted, That in case any person die intestate the administration of his goods shall be committed to the next of kin.

 

The administration being thus (surreptitiously) granted to the mother, the sister by the father’s side commenced a suit before the Ecclesiastical Judge, alledging, 1st, That she herself was next of kin; and 2dly, That the mother was not of kin at all to the party deceased; and therefore prayed the court, that the administration granted to the mother might be revoked, and be committed unto her, as next of kin to the deceased, by force of the said statute.

 

Hereupon, as it was a great cause, and much depending upon its issue—and many causes of great property likely to be decided in times to come, by the precedent to be then made——the most learned, as well in the laws of this realm, as in the civil law, were consulted together, whether the mother was of kin to her son, or no.—Whereunto not only the temporal lawyers——but the church lawyers—the juris-consulti—the jurisprudentes—the civilians—the advocates—the commissaries—the judges of the consistory and prerogative courts of Canterbury and York, with the master of the faculties, were all unanimously of opinion, That the mother was not of[19] kin to her child.——

 

And what said the duchess of Suffolk to it? said my uncle Toby.

 

The unexpectedness of my uncle Toby’s question, confounded Kysarcius more than the ablest advocate——He stopp’d a full minute, looking in my uncle Toby’s face without replying——and in that single minute Triptolemus put by him, and took the lead as follows.

 

’Tis a ground and principle in the law, said Triptolemus, that things do not ascend, but descend in it; and I make no doubt ’tis for this cause, that however true it is, that the child may be of the blood and seed of its parents——that the parents, nevertheless, are not of the blood and seed of it; inasmuch as the parents are not begot by the child, but the child by the parents—For so they write, Liberi sunt de sanguine patris & matris, sed pater & mater non sunt de sanguine liberorum.

 

——But this, Triptolemus, cried Didius, proves too much—for from this authority cited it would follow, not only what indeed is granted on all sides, that the mother is not of kin to her child—but the father likewise.——It is held, said Triptolemus, the better opinion; because the father, the mother, and the child, though they be three persons, yet are they but (una caro[20]) one flesh; and consequently no degree of kindred——or any method of acquiring one in nature.——There you push the argument again too far, cried Didius——for there is no prohibition in nature, though there is in the Levitical law——but that a man may beget a child upon his grandmother——in which case, supposing the issue a daughter, she would stand in relation both of——But who ever thought, cried Kysarcius, of laying with his grandmother?——The young gentleman, replied Yorick, whom Selden speaks of——who not only thought of it, but justified his intention to his father by the argument drawn from the law of retaliation.—“You laid, Sir, with my mother,” said the lad—“why may not I lay with yours?”——’Tis the Argumentum commune, added Yorick.——’Tis as good, replied Eugenius, taking down his hat, as they deserve.

 

The company broke up.

 

[17] Vide Swinburn on Testaments, Part 7. §8.

 

[18] Vide Brook Abridg. Tit. Administr. N. 47.

 

[19] Mater non numeratur inter consanguineos, Bald. in ult. C. de Verb. signific.

 

[20] Vide Brook Abridg. tit. Administr. N .47.

 

C H A P.   LXV

 

—AND pray, said my uncle Toby, leaning upon Yorick, as he and my father were helping him leisurely down the stairs——don’t be terrified, madam, this stair-case conversation is not so long as the last——And pray, Yorick, said my uncle Toby, which way is this said affair of Tristram at length settled by these learned men? Very satisfactorily, replied Yorick; no mortal, Sir, has any concern with it——for Mrs. Shandy the mother is nothing at all a-kin to him——and as the mother’s is the surest side——Mr. Shandy, in course is still less than nothing——In short, he is not as much a-kin to him, Sir, as I am.——

 

——That may well be, said my father, shaking his head.

 

——Let the learned say what they will, there must certainly, quoth my uncle Toby, have been some sort of consanguinity betwixt the duchess of Suffolk and her son.

 

The vulgar are of the same opinion, quoth Yorick, to this hour.

 


To be continued

34

    THE LIFE AND OPINIONS OF TRISTRAM SHANDY, GENTLEMAN PART 34         C H A P.   LXXV   WHEN my uncle Toby and the corporal...