While he was removing from the court, there chanced “a curate” to be present, and ask, “what was the matter, what ailed them at the dog?” whereto one answered, “that he, being in publick trust, was required to take the test, and had both refused it and abused it, whereupon he was to be hanged;” whereat the curate, storming, said, “They deserved all to be hanged for such presumptuous mockery;” but the boys, laughing aloud, cried with one consent, that “he, and his brethren, deserved better to be hanged than any of them, or the tyke eather, since they had swallowed that which the tyke refused.”
The verdict created no small dissension; “some suspected deadly fewd in the chanselor of the jury, alleadging that ane enemy was not fit to be a judg; this was answered, that he was of more noble extract then to stain his honor with so base an act, and that his own reputation wold make him favored; another objected that a tyke’s refusing so good a test, might be ill example to creatures of better reason; to this a pakie loun answered, that it could not be good, since Lyon Rampant, King of Tykes, nor none of his royal kin, wold not so much as lay ther lips, to it far less to swallow it, and therefore——”
Here the speaker was interrupted “by one that was a principal limmer among them (a contradiction reconciler) who would needs help him with a logical distinction, wherby he, like an Aberdeen’s man, might cant and recant again.”
There were other conjectures, “requiring the judgment of the learn’d to determine which has been maist suitable:” e.g.
One fancied, that “the tyke might take the test secundum quid, though not simpliciter;”
Another, that he might take it “in sensu diviso, though not in sensu composito;”
A third, that “though it was deadly to take it with verbal interpretatione, yet it might be taken safe enough with mental reservatione;”
A fourth thought, that “though his stomach did stand at it, in sensu univoco, yet it might easily digest it in sensu et æquivoco;”
In this manner suppositions multiplied, and to one who proposed a “jesuitical” distinction, it was answered, that “the tyke would neither sup kail with the div’l, nor the pope, and therefore needed not his long spoon; well, said ane other, this is mair nor needs, since we are all sure that the tyke could not have kept his office so long, but he most needs have swallowed many a buttered bur before this time, and it was but gaping a little wider and the hazard was over.”
“Nay,” quoth his neighbour, “the hazard was greater than ye imagine, for the test, as it was rowed up, had many plyes and implications in it, one contrary to another; and swa the tyke might been querkened ere it had been all over, ilk ply, as it were, rancountering another, wresling and fighting.”