THE HORSE SHOE
TEXT
TEXT
PAPER
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shelves, belonging to the Dunstan branch of the old Smith family. At
one moment, during the searches, it is true, hopes were excited on the
perception of a faint brimstone odour issuing from an antiquated iron
box found among some rubbish; but instead of any vellum or parchment,
there were only the unused remains of some bundles of veteran matches,
with their tinder-box accomplice, which had been thrown aside and
forgotten, ever since the time when the functions of those old hardened
incendiaries, flint and steel, were extinguished by the lucifers.
All further search, it is feared, will be in vain; and the deed is now
believed to be as irrecoverably lost, as the musty muster-roll of Battle
Abbey.
A legal friend has volunteered an opinion, that certain supposed defects
in the alleged deed evince its spuriousness, and even if genuine, its
inefficiency. His words are, "The absence of all legal consideration,
that is to say, valuable consideration, such as money, or money's worth;
or good consideration, such as natural love and affection, would render
the deed void, or voidable, as a mere _nudum pactum_. [See
_Plowden_.] Moreover, an objection arises from there being no
_Anno Domini_, [_Year Book, Temp. Ric. III._] and no _Anno Regni_,
[_Croke Eliz._] and no condition _in poenam_. [_Lib. Ass._] Now,
if the original deed had been thus defective, the covenanting party
thereto is too good a lawyer, not to have set it aside."
To these learned subtleties it may be answered, that the deed was
evidently intended, not so much as an instrument effectively binding
"the covenanting party," as a record whereby to justify a renewal
of punishment, in case of contravention of any of the articles of
treaty. It would have been informal to make mention of money as the
consideration, it being patent that this "covenanting party" considers
it of no value at all. For however dearly all "good folk in Christendom"
may estimate and hug the precious bane, as the most valuable
consideration on earth, he, old sinner that he is, wickedly disparages
it, as being mere filthy lucre, only useful horticulturally, to manure
his hot-beds of iniquity. With regard to the consideration of natural
love and affection, it is humbly submitted that the facts are at
variance with such a suggestion.
Another friend, not of the legal, but the equestrian order, has
tendered, according to his ideas, an explanation of the especial
protecting virtue of the horseshoe. His notions are given as follows,
_ipsissimis verbis_. "There is not in the whole world, a nobler
animal than that splendid fellow, the horse. He is the embodiment of all
that is magnificent, possessing strength, swiftness, courage, sagacity,
and gracefulness. He never drinks more than he needs, or says more
than he ought. If he were an opposition M.P.--and a horse was once a
consul--his speech against Government bills, would be only a dignified
neigh. Base and unworthy measures he disdains.
"Who ever knew this honest brute
At law his neighbour prosecute;
Bring action for assault and battery,
Or friend beguile with lies and flattery?
"His proud step is on all fours with his love of a fair field and no
favour. The grandeur of his nature is such, that the idea of a beggar
on horseback is proverbially the most revolting of all inequitable
absurdities and incongruities in human economy; while, on the other
hand, as was once well remarked by a distinguished lecturer, this superb
animal stamped his very name itself on that for which our loftiest
princes and nobles, before the present degenerate age of iron, were
emulous of distinguishing themselves. In proportion as they developed
unblemished honour, with undaunted bravery, graceful bearing, and
magnanimous generosity, were they deemed worthy to rank among
Christendom's bright chivalry.
"The horse-shoe was, no doubt, regarded as typical of the noble
qualities of its wearer. These being so hateful to the ugly, sly,
intriguing, slandering, malevolent, ill-conditioned, pettifogging,
pitiful arch-enemy, it might well be supposed that the mere apparition
of that type would scare him away. To this supposition is ascribable the
adoption of the horse-shoe, as an infallible charm against the visits of
old Iniquity."
But mere "supposition" is no answer to the question above propounded.
* * * * *
An acknowledgment is due, and is hereby offered, to the unknown
correspondent, who has obligingly communicated the following copy of the
coat of arms of the Dunstan family.
"Azure, on a chevron gules between three harps, a horse-shoe supported
by two pairs of pincers, proper. _Crest_--An arm embowed, couped
at the shoulder, the hand grasping a hammer, all proper.
_Motto_--'SARUED HYM RIGHTE.'"
[Illustration: SAREUD HYM RIGHTE]
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