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By a Bequest therefore of black and white Horfes, grey or pyed Horfes may well pafs; for when two Ertzemes, or remoteft Ends of any thing are devised, the Law, by common Intendment, will intend whatfoever is contained between them to be devised too.

But the present case is still fizonger, coming not only with in the Intendment, but also the vey Letter of the Words.

By the Word Black, all the hoses that are black are devifed; by the Wozd White, aze devised those that age White; and by the same Wojd with the Conjunction Copulative, And, between 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 is Pyed is Black and White; ergo Black and White is Pyed, and vice verfa, Pyed is Black and White.

If therefore Black and White Horfes are devised, Pyed Horfes fhall pass by such Devife; but Black and White Horfes are devised; ergo the Pl. fhall have the Pyed Horses.

Defend.

Catlyne Serjeant, Moy semble al' contrary, The Pour le Plaintiff shall not have the Pyed Horfes by Intendment; for if by the Devise of Black and White Horses, not only black and White Hoses, but Hozses of any Colour, between the e two Ertzemes, man pass, then not only Pyed and Grey Horfes but alfo Red or Bay Horfes would pass likewife, which would be abfurd and againft Reafon. And this is another strong Argument in Law, Nibil, quod eft contra rationem, eft licitum; for Reafon is the Life of of the Law, nay the Common Law is no. thing but Reafon : which is to be undezfood of artificial Perfection and Reason gotten by long Study, and not of Man's natural Reafon;. fût nemo nafciter artifex, and legal Reafon eft fumma ratio; and thesefoze if all the Reason that is dispersed into so many diffezent Heads, weze united into one, he could not make such a Law as the Law of England: because by many Successions of Ages it has been fired and refired by grave and leaned en; so that the old Kule may be verised in it Neminem oportet effe legibus fapientiorum.

As therefore Pyed Horfes do not come within the Intendment of the Bequest, so neither do they within the Letter of the Mods.

VOL. III.

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pyed

A pyed Horfe is not a white Horfe, neither is a pyed a black Horse; how then can pyed Horfes come under the words of black and white Horses?

Besides, wheze Custom hath adapted a ceztain detezminats Name to any one Thing, in all Devises, Feofments, and Grants, that certain Name shall be made use of, and no uncertain circumlocutory Descriptions shall be allowed; for Certainty is the Father of Right and the Wother of Juflice.

Le refte del Argument jeo ne pouvois oyer, car jeo fui disturb en mon place.

Le Court fuit lodgement en doubt' de c'est Matter: et apres gzand deliberation eu,

Judgment fuit donne pour le Pl. nifi caufa.

Motion in Arreft of Judgment that the pyed Horfes were Mares; and thereupon an Inspection was prayed. Et fur ceo le court advifate vult.

MEMOIRS

MEMOIRS of P. P.

CLERK of this PARIS H.

ADVERTISEMENT.

The Original of the following extraordinary Treatife 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 befides, I have contented myself to give only this short Abftra&t of it, as a Tafte of the true Spirit of Memoir Writers.

IN the name of the Lord. Amen. I P. P. by the Grace of God, Clerk of this Parish, writeth this Hiftory.

Ever fince 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 affociate myself with the Parish-clerks of this Land; fuch 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, Efquire Bret, did add one bell to the ring of this Parish. So that it hath been wittily faid, “That "one and the fame day did give to this our Church two "rare gifts, its great Bell and its Clerk."

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Even when I was at school, my mistress did ever extol me above the reft of the youth, in that I had a laudable voice. And it was furthermore obferved, that I took a kindly affection unto that Black letter in which our Bibles are printed. Yea, often did I exercise myself in finging godly ballads, fuch as the Lady and Death, The Childr

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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 Pfalm next after Mafter William Harris, my predeceffor, who (it muft be confeffed 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 converfation by my extraordinary love to Ringing; infomuch that, in a fhort time, I was acquainted with every set of bells in the whole country: Neither could I be prevailed upon to abfent myself 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; fo 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 hat not inferior to the former. At Yelverton I encountered George Cummins, Weaver, and behold my head was broken a fecond time! At the wake of Waybrook I engaged William Simkins, Tanner, when lo! thus was my head broken a third time, and much blood trickled therefrom. But I adminiftered to my comfort, faying within myfelf, "What man is there, howfoever 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 fin by the comeliness of Sufannah Smith, who firft tempted me, and then put me to fhame; for indeed fhe was a maiden of a feducing eye, and pleafant feature. I humbled myself before the Juftice, I acknowledged my crime to our Curate; and to do away mine offences, and make her fome attonement, was joined to her in holy wedlock on the Sabbath-day following. How often do those things which feem unto us mif.

fortunes.

fortunes, redound to our advantage! For the Minifter (who had long looked on Susannah as the moft lovely of his parishioners) liked fo 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 Mafter William Harris.

Here ends the first chapter; after which follow fifty or fixty pages of his amours in general, and that particular one with Sufannah his prefent wife; but I proceed to chapter the ninth.

a new man.

No fooner was I elected into mine office, but I laid afide the powder'd gallantries of my youth, and became I confidered myself as in some wife of ecclefiaftical dignity, fince by wearing a band, which is no fmall part of the ornament of our Clergy, I might not unworthily be deemed, as it were, a fhred of the linen veftment of Aaron.

Thou may'ft conceive, O Reader, with what concern I perceived the eyes of the congregation fixed upon me, when I firft took my place at the feet of the Prieft. When I raised the pfalm, how did my voice quaver for fear! and when I arrayed the fhoulders of the Minifter with the furplice, how did my joints tremble under me! I faid within myself, "Remember, Paul, thou ftandest "before men of high worship, the wife Mr. Juftice

Freeman, the grave Mr. Juftice Tonfon, the good "Lady Jones, and the two virtuous gentlewomen her "daughters, nay, the great Sir Thomas Truby, Knight

and Baronet, and my young mafter the Efquire, who "fhall one day be Lord of this Manor." Notwithftanding which, it was my good hap to acquit myself to the good liking of the whole congregation; but the Lord forbid I fhould glory therein.

The next chapter contains an account how he difcharged the feveral duties of his office: in particular he infifis on the following:

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