1773 THE MISTERS 127 



is no bar to its becoming the subject of a wager when 

 the impossibility is unknown to both parties.' This 

 queer decision is of no consequence now that ' all 

 contracts by way of wagering are void ' in law ; but 

 obviously the accepted rule that ' you cannot win 

 when you cannot lose ' is the only safe and fair one. 

 The ' impossibility of the contingency ' may generally 

 be proved without difficulty ; but, especially in these 

 days of rapid communication, it is not so easy to 

 make sure that the impossibility was unknown at a 

 given time to some interested person or persons. 

 Mr. E. Pigott, member of the Jockey Club, is said to 

 have been so alarmed by the aspect of affairs in 

 America (1768-71) that he sold his estates (or as 

 much of them as he could) for much less than they 

 were worth, and retired to Geneva. Certainly there 

 was a sale of his horses, conducted by Mr. Pond, the 

 auctioneer, at Newmarket in 1772 ; and he died at 

 Thoulouse in July, 1794, having married abroad and 

 had an only son, who died before him. According to 

 a writer in the ' Sporting Magazine ' (about 1821 or 

 1822), he was the eldest of three brothers (as he 

 undoubtedly was), and the three were called respec- 

 tively, ' Shark ' Pigott (from a famous horse), ' Louse ' 

 Pigott (for a reason to be given hereafter), and 

 ' Black ' Pigott (presumably out of respect for ' the 

 cloth,' for he was a parson) ; but more will be said 

 upon this subject when we come to the younger 

 brother, Charles (alias ' Louse ') Pigott. 



