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two Ertremnes, and consequently comprehend within them all other Colours whatsoever.
By a Bequit tlcuifcre of black and white Horses, grey or pyed Horses may well pass; for when two Crtrenntı, or reinotel Ends, of ann things are deuiled, the Law, by common
Intciioment, will litcnd whatsoever is contained between them to be devised so.
But the profeut Cart is ftill dronger, coins ing not only within the Intendincnt, but allo the very Lettee of the Dords.
Bithc Word Black, all the horses that are black are deviled; by tie word White, are de: piled those that are White ; and by the same 1107d, wviti the Conjundion Copulative, And, brtwrca chicani, the Horses that are Black and White, that is to say, Pyed, are devised also.
Whatcvcr is Black and White is Pyed, and what per is 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 de: visca, Pyed Horses Thall pass by such Devise; but Black and White Horses are devised; ergo, the Pl. Thall have the Pyed Horses.
Catlyne Scricant, Mop semble al Pour le Defend.
| contrazi), Che plaintiff ihall not have 4. the Pyed Horses by Intendment; for if by
the devise of Black and White Horses, not onin black and white Horses, but Horses of anp Colour, between these two Ertreines may pars, then not only Pyed and Grey Horses, but alfo Red or Bay Horses would pass likewise, which would be absurd, and against Reason. 200 this is another itrong Argument in Law, Nihil, qand eft contra rationem, eft licitum; for Reason is the Life of the Law, nay the common Law is nothing but Reason; which is to be underiood of artificial Perfection and Reafon gotten by long
Study, and not of Man's natural Reason; foz nemo nascitur artifex, and legal Reason eft fumma ratio; and therefore if all the ticason that is dispersed into so many difierent Heads, were united into one, he could not make such a Lawas the Law of England; vecanle by manp Succeffions of 29€5 it!jas vern fired and refired by grave and learned Den; so that the old tiule inay be verified in it, Neminem oportet elje legibus sapienticrem.
As therefore pved Horses do not come with: in the Intendiment of the Bcquist, co neither do tijep within the Letter of the IDords.
pyed Horse is not a white Horse, neither is a pyed a black Horle; how then can pyed Horses come under the words of black and white Horses?
Befides, where Cufiom hath adapted a cer: tain determinate Niine to any of thing, in
all Devises, Feofments, and Grants, that certain Name Thall be made use of, and no uncertain circumlocutory Descriptions shall be allowed; for Certainty is the father of fight, and the Mother of Justice.
Le reste del Argument jeo ne pouvois oyer, car jeo fui disturb en mon place.
ZCourt fuit longeinent en doubt' de cuit Matter; et apres grand deliberation eu,
Judgment fuit donne pour le pl. nisi causa Motion in Arrest of Judgment, that the pred Horses were Mares; and thereupon an Inspection was prayed.
Et fur eco lc Court advisare vult.
MEMOIRS of P. P.
CLER K of this PARIS H.
consisted of two large Volumes in Folio; which
IN the name of the Lord. Amen. I, P. P. 1 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 associate myself with the parish-clerks of this Land; such I mean, as were right worthy in their calling, men of a clear and Iweet 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-incre observed, that I took a kindly affection unto that Black letter in which our Bibles are printed. Yes, often did I exercise myself in singing godly ballads, such as The Lady and Death, The Children in the Wood, and Clevy-Chace ; and not, the other children, in lewd and trivial ditties. Moreover, while I was a boy, I always adventured to lead the psalm next after Master 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 sett of bells in the whule country: Neither could I be prevailed upon to absent 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 cudgelplaying ; so that I often returned to my father's house with a broken pate. I had my head broken at Viltun by Thomas liyat, as we played a bout