Now, as Bartoline
Saddletree had a considerable gift of words, which he mistook for
eloquence, and conferred more liberally upon the society in which he
lived than was at all times gracious and acceptable, there went forth a
saying, with which wags used sometimes to interrupt his rhetoric, that,
as he had a golden nag at his door, so he had a grey mare in his shop.
This reproach induced Mr. Saddletree, on all occasions, to assume rather
a haughty and stately tone towards his good woman, a circumstance by
which she seemed very little affected, unless he attempted to exercise
any real authority, when she never failed to fly into open rebellion. But
such extremes Bartoline seldom provoked; for, like the gentle King Jamie,
he was fonder of talking of authority than really exercising it. This
turn of mind was, on the whole, lucky for him; since his substance was
increased without any trouble on his part, or any interruption of his
favourite studies.
This word in explanation has been thrown in to the reader, while
Saddletree was laying down, with great precision, the law upon Porteous's
case, by which he arrived at this conclusion, that, if Porteous had fired
five minutes sooner, before Wilson was cut down, he would have been
_versans in licito;_ engaged, that is, in a lawful act, and only liable
to be punished _propter excessum,_ or for lack of discretion, which might
have mitigated the punishment to _poena ordinaria.
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