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By a Bequeft therefore of black and white Horses, grey or pyed Horses may well pass ; for when two Ertzemes, or res moteft Ends of any thing are devised, the Law, by common Intendment, will intend whatsoever is contained between them to be devised too.
But the present case is still stronger, coming not only with in the Intendment, but also the vezy Letter of the Dook.
By the Word Black, all the posses that are black are devised; by the Woud White, are devised those tijat age White ; and by the same bold with the Conjunction Copntative, And, be: tween them, the Horses that are Black and White, that is to say, pyed, are devised also.
Whatever is Black and White is Pyed, and whatever i Pyed is Black and White ; ergo Black and White is Pyed, and vice versa, Pyed is Black and White.
If therefore Black and White Horses are devised, Pyed Horses shall pass by such Devise ; but Black and White Horses are devised; ergo the Pl. fhall have the Pyed Horses. Catlyne Berjeant, mop semble al contrary, che pour le
Defend. Plaintiff shall not have the Pyed Horses by Intendment; for if by the Dediso of Black and White Horses, not only black and White Houses, but volses of any Colour, between the e two &rtemes, may pan, then not only Pyed and Grey Horses but also Red or Bay Horses would pass likewise, which would be absurd and against Reason. And this is another ftrong rgument in Law, Nibil, quod eft contra rationem, est licitum ; for Reason is the Life of of the Law, nay the Common Law is no. thing but Reason: which is to be undezfiood of artificial Perfection and Reason gotten by long Study, and not of Man's natural Reason ;. far nemo nascitar artifex, and legal Reason eft fumma ratio ; and therefoże if all the Beason that is dispersed into fa many different Heads, weze united into one, he could not make such a Law as the Law of England: because by many Buccessions of ages it has been fired and retired on grave and leained agen; 10 that the old bule map be veriged in it Neminem oportet esse legibus sapientiorum.
As the cfoze Pyed Horses do not come within the Intendment of the Fequeft, fa neither do they within the Letter of the ID. 0205. VOL. III. Сс
#pyed Horse is not a white Horse, neither is a pyed a black Horse ; how then can pyed Horses come under the wozds of black and white Horses?
Besides, where Cuftom hath adapted a ceztain detezminato Name to any one Ching, in all Devises, Feofments, and Grants, that certain Name shall be made use of, and no uncertain circumlocutory Descriptions shall be allowed; for Certains tp is the father of Might and the Mother of Juflice.
Le refte del Argument jeo ne pouvois oyer, car jeo fui disturb en mon place.
Le Count fuit lodgement en doubt' de c'eft matter; et apres gzand deliberation eu,
Judgment fuit donne pour le pl. nifi caufa.
Motion in Arrest of Judgment that the pyed Horses were Mares ; and thereupon an Inspection was prayed,
et sur ceo le court advifare vult.
M E M O I R S
of P. P.
C L E R K of this PARIS H.
The Original of the following extraordinary Treatise
confifted of two large Volumes in Folio; which might justly be entitled, The importance of a Man to himself: But, as it can be of very little to any body besides, I have contented myself to give only this short Abstract of it, as a Taste of the true Spirit of Memoir Writers.
I N the name of the Lord. Amen. . I P. P. by the
Grace of God, Clerk of this Parish, writeth this History
Ever since I arrived at the age of discretion, I had a call to take upon me the function of a Parish-clerk; and to that end, it seemed unto me meet and profitable to afsociate myself with the Parish-clerks of this Land; such I mean as were right worthy in their calling, men of a clear and sweet voice, and of becoming gravity.
Now it came to pass, that I was born in the year of our Lord Anno Domini 1655, the year wherein our worthy benefactor, Esquire Bret, did add one bell to the ring of this Parish. So that it hath been wittily said, “That « one and the same day did give to this our Church two “ rare gifts, its great Bell and its Clerk.”
Even when I was at school, my mistress did ever extol me above the rest of the youth, in that I had a laudable voice. And it was furthermore observed, that I took a kindly affection unto that Black letter in which our Bibles are printed. Yea, often did I exercise myself in singing godly ballads, such as the Lady and Death, The Clildre
in the Wood, and Chevy Chace; and not like other children, in lewd and trivial ditties. Moreover, while I was a boy, I always adventured to lead the Psalm next after. Mafter William Harris, my predecessor, who (it must be confessed to the glory of God) was a moft excellent Parish-clerk in that his day.
Yet be it acknowledged, that, at the age fixteen I be. came a Company-keeper, being led into idle conversation by my extraordinary love to Ringing; infomuch that, in a short time, I was acquainted with every set of bells in the whole country : Neither could I be prevailed upon to absent inyself from Wakes, being called thereunto by the harmony of the steeple. While I was in these focieties, I gave myself up to unfpiritual paftimes, such as wrestling, dancing, and cudgel-playing ; so that I often returned to my father's house with a broken pate. I had my head broken at Milton by Thomas Wyat, as we played a bout or two for an Hat, that was edged with filver galloon. But in the year following I broke the head of Henry Stubbs, and obtained an liat not inferior to the former. At Yelverton I encountered George Cummins, Weaver, and behold my head was broken a second time! At the wake of Waybrook I engaged Williain Simkins, Tanner, when lo! thus was my head broken a third time, and much blood trickled therefrom. But I administered to my comfort, saying within myself, “ What * man is there, howsoever dextrous in any craft, who is “ for aye on his guard?” A week after I had a baseborn child laid unto me; for in the days of my youth I was looked upon as a follower of venereal fantasies : Thus was I led into sin by the comeliness of Susannah Sinith, who first tempted me, and then put me to shame; for indeed she was a maiden of a seducing eye, and pleafant feature. I humbled myself before the Justice, I acknowledged my crime to our Curate; and to do away inine offences, and make her some attonement, was joined to her in holy wedlock on the Sabbath-day following,
How often do those things which seem unto us mis.
fortunes, redound to our advantage ! For the Minifter (who had long looked on Susannah as the most lovely of his parishioners) liked so well of my demeanour, that he recommended me to the honour of being his Clerk, which was then become vacant by the decease of good Master William Harris.
a new man.
Here ends the first chapter ; after which follow fifty or fixty pages of his amours in general, and that particular one with Susannah his present wife; but I proceed to chapter the ninth.
No sooner was I elected into mine office, but I laid a. fide the powder'd gallantries of my youth, and became
I considered myself as in some wise of ecclefiaftical dignity, since by wearing a band, which is no small part of the ornament of our Clergy, I might not unworthily be deemed, as it were, a shred of the linen vestment of Aaron.
Thou may'st conceive, O Reader, with what concern I perceived the eyes of the congregation fixed upon me, when I first took my place at the feet of the Priest. When I raised the psalm, how did my voice quaver for fear! and when I arrayed the shoulders of the Minister with the furplice, how did my joints tremble under me ! I said within myself, “ Remember, Paul, thou standest 66 before men of high worship, the wise Mr, Justice “ Freeman, the grave Mr. Justice Tonson, the good " Lady Jones, and the two virtuous gentlewomen her “ daughters, nay, the great Sir Thomas Truby, Knight " and Baronet, and my young master the Esquire, who « shall one day be Lord of this Manor.” Notwithstanding which, it was my good hap to acquit myself to the good liking of the whole congregation ; but the Lord forbid I should glory therein. The next chapter contains an account how he discharged the fe
veral duties of his office; in particular he infijis on the folowing