ATTAINMENT OF MAJORITY.

(Vol. viii., p. 198.)

A. E. B. has not quoted quite correctly. He has put two phrases of mine

into Italics, which makes them appear to have special relation to one

another, while the word which _I_ put in Italics, "_ninth_," he has made

to be "9th." Farther, he has left out some words. The latter part should

run thus, the words left out being in brackets:

"... though he were born [a minute before midnight] on the

10th, he is of age to execute a settlement at a minute after

midnight on the morning of the 9th, forty-eight hours all

but two minutes before he has drawn breath for the space of

twenty-one years."

Had the quotation been correct, it would have been better seen that I

no more make the day of majority begin a minute after midnight, than I

make the day of birth end a minute before midnight. A second, or even the

tenth of a second, would have done as well.

The _old reckoning_, of which I was speaking, was the reckoning which

rejects fractions; and the matter in question was the _day_. For my

illustration, any beginning of the day would have done as well as any

other; on this I must refer to the paper itself. Nevertheless, I was

correct in implying that the day by which age is reckoned begins at

midnight and I believe it began at midnight in the time of Ben Jonson.

The law recognised two kinds of days;--the natural day of twenty-four

hours, the artificial day from sunrise to sunset. The birthday, and with

it the day of majority, would needs be the natural day; for otherwise a

child not born by daylight would have no birthday at all. I cannot make

out that the law ever recognised a day of twenty-four hours beginning

at any hour except midnight. For payment of rent, the artificial day

was recognised, and the tenant was required to tender at such time

before sunset as would leave the landlord time to count the money by

daylight; a reasonable provision, when we think upon the vast number of

different coins which were legal tender. But even here it seems to have

been held that though the landlord might enter at sunset, the forfeiture

could not be enforced if the rent were paid before midnight. A legal

friend suggested to me that perhaps Ben Jonson had more experience of

the terminus of the day as between landlord and tenant, than of that

which emancipates a minor. This would not have struck me: but a lawyer

views man simply as the agent or patient in distress, ejectment, _quo

warranto_, &c.

A. E. B. twice makes the question refer to _usage_, whereas I was

describing _law_. If I were as well up in the drama as I should like to

be, I might perhaps find a modern plot which turns upon a minor coming of

age, in which the first day of majority is what is commonly called the

_birthday_, instead of, as it ought to be, the day before. Writers of

fiction have in all times had fictitious law. If we took decisions from

the novelists of our own day, we should learn, among other things, that

married women can in all circumstances make valid wills, and that the

destruction of the parchment and ink which compose the material of a deed

is also the destruction of all power to claim under it.

Singularly enough, this is the second case in which my paper on reckoning

has been both misquoted and misapprehended in "N. & Q." My knowledge of

the existence of this periodical began with a copy of No. 7. (containing

p. 107., Vol. i.), forwarded to me by the courtesy of the Editor, on

{251} account of a Query signed (not A. E. B. but) B., affirming that I

had "discovered a flaw in the great Johnson!" Now it happened that the

flaw was described, even in B.'s own quotation from me, as "certainly not

Johnson's mistake, for he was a clear-headed arithmetician." B. gave me

half a year to answer; and then, no answer appearing, privately forwarded

the printed Query, with a request to know whether the readers of "N. &

Q." were not of a class sufficiently intelligent to appreciate a defence

from me. The fact was, that I thought them too intelligent to need it,

after the correction (by B. himself, in p. 127.) of the misquotation.

It is not in letters as in law, that Judgment must be signed for the

plaintiff if the defendant do not appear. There is also an anonymous

octavo tract, mostly directed, or at least (so far as I have read) much

directed, against the arguments of the same article, and containing,

misapprehensions of a similar kind. That my unfortunate article should be

so misunderstood in three distinct quarters, is, I am afraid, sufficient

presumption against its clearness; and shows me that _obscures fio_ is,

as much as ever, the attendant of _brevis esse laboro_: but I am still

fully persuaded of the truth of the conclusions.

Notes and Queries, Number 202, September 10, 1853 A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Geneologists, etc. · 第 97 / 148 题