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two Ertremes, and consequently comprehend
Bya Bequeft thereidze of black and white Horses, grey or pyed Horses may well pass; fou when two Ertremes, oz remotet Enos, of any thing are devised, the Law, by common 3}ntenoment, will intend whatsoever is contained between them to be devised so.
But the present Case is til fronger, coming not only within the Jntendment, but also the very Letter of the Words. .
By the Wilozo Black, all the houses that are black are devised; by the Wozd White, are deviled those that are White; and by the same wlozd, with the Conjuntion Copulative, And, between thein, the Horses that are Black and White, that is to say, Pyed, are devised also. i . :
Uuhatever is Black and White is Pyed, and and whatever is Pyed is Black and White ; ergo, Black and White is Pyed, and, vice versa, Pyed is Black and White.
3F therefoje Black and White Horses are des bised, Pyed Horses shall pass by such Devise ; but Black and White Horses are devised; ergo, the Pl. shall have the Pyed Horses.
pe Pour le Catlyne Serjeant, mop semble al conDorian Defend. trary, The Plaintiff shall not have the
* Pyed Horses by Intendment; foz if by thje devise of Black and White Horses, not only black and white Lözles, but bozles of any Colour, between these two Crtremes may pass, 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 trong que, cum argument in Law, Nihil, quod est contra rationem, but do est licitum; for Reason is the Life of the Law, nay
the common Law is nothing but Reason: which is where to be understood of artificial Perfection and Reason vereniging gotten by long Study, and not of Man's natural me a Realon ; fo2 nema nascitur artifex, and legal Reason I hope eft fumma ratio ; and therefoze if all the Reason in that is dispersed into lo many different Heads,
were united into one, he could not make such a
Law as the Law of England ; because by many Ja, v Succellions of ages it has been fired and res aitis tred by grave and learned Gen; so that the old
Kule may be verified in it, Neminem oportet ele legibus sapientiorem.
as therefoze pyed Horses do not come within Tyje 3intendment of the Bequet, lo neither do they within the Letter of the Wiloids.
21 pyed Horse is not a white Horse, neither iş a pyed a black Horse ; how then can pyed Horses come under the words of black and white Horses?
Besides, where Cufom hath adapted a cers tain determinate Name to any one thing, in all Devises, Feofmeats, and Grants, that certain Name shall be made use of, and no uncertain circumlocutory Descriptions fhall be allowed; foz Cers tainty is the father of Right, and the other of Jutice.
Le reste del Argument jeo ne pouvois oyer, car jeo fui disturb en mon place.
Le Court fuit longement en doubt de c'eff Satter ; Et apues grand deliberation eu,
Judgment fuit donne pour le Bl. nisi causa. Motion in Arrest of Judgment, that the pyed Horses were Mares; and thereupon an Inspection was prayed.
&t sur to le Court advisare vult.
MEMOIRS of P. P.
CLERK of this PARISH.
The Original of the following extraordinary Treatise confiited 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.
IN the name of the Lord. Amen. 1, P.P, by
the Grace of God, Clerk of this Parish, writech this History.
Ever smce I arrived at the age of discretion, I had a call to take upon me the function of a Parishclerk; and to that end, it seemed unto me meet and profitable to associate 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 further more 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 Children in the Wood, and Chevy Chace; and not like other children, in lewd and trivial ditties. Moreover, while I was a boy, I la always adventured to lead the Psalm next after Ma- fall tter William Harris, my predecessor, who it must be confessed to the Glory of God) was a most excellent Parish-clerk in that his day.
Yet be it acknowledged, that at the age of fixteen I became 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 absett myself from Wakes, being called thereunto by the harmony of the steeple. While I was in these socie. Na