« AnteriorContinuar »
two Extremes, and consequently comprehend within them all other Colours whatsoever.
Bya Bequeff therefore of black and white Horses, grey or pyed Horses may well pass; foz when two Crtremes, oz remotett ends, of any thing are deviled, the Law, by common intendment will intend whatsoever is contained between them to be devised fo.
But the present Case is ftill tronger, coming not only within the 3ntendment, but also the very Letter of the Wozds.
By the Wozd Black, all the nojles that are black are devised ; by the Wuozd White, are deviled those that are White; and by the same Whold, with the Conjuntion Copulative, And, between thein, the Horses that are Black and White, that is to say, Pyed, are devised also.
Whatever 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.
If therefore Black and White Horses are des bised, Pyed Horses fhall pass by such Devise; but Black and White Horses are devised ; ergo, the Pl. shall have the Pyed Horses.
Catlyne Berjeant, Pop (emble al'conDefend. trary, The Plaintiff shall not have the
Pyed Horses by Intendment; foz if by thje device of Black and White Horses, not only black and white Wózses, but nozies of any Colour, between these two Ertremes may pals, 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 itrong argument in Law, Nihil, quod eft contra rationem, est licitum; foz Reason is the Life of the Law, nay the common Law is nothing but Reason: Which is to be underttood of artificial Perfection and Reason gotten by long Study, and not of Man's natural Reason ; foz nemo nascitur artifex, and legal Reason eft fumma ratio; and therefoze if all the Reason that is dispersed into fo many different Weads, were united into one, he could not make such a Law as the Law of England ; because by many Succellons of ages it has been fired and res fired by grave and learned Men; so that the old Rule may be verified in it, Neminem oportet ele legibus fapientiorem.
As therefoje pyed Horses do not come within the Jntendment of the Bequet, lo neither do they within the Letter of the words.
2 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 Cufom hath adapted a cers tain determinate Rame to any one thing, in al Devises, ffeofments, and Grants, that certain
CI Name shall be made use of, and no uncertain circumlocutory Descriptions shall be allowed; foz Curs tainty is the father of Right, and the Mother of Justice.
Le reste del Argument jeo ne pouvois oyer, car jeo fui disturb en mon place.
Le Court fuit longement en doubt' de ciel Satter ; Et apzes grand deliberation gu,
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.
€t tur to le Court advisare vult.
MEMOIRS of P. P.
CLERK of this PARISH.
The Original of the following extraordinary Trea
tise confited 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 contenced myself to give only this short Abstract of it, as a Taste of the true Spirit of Memoir-Writers.
N the name of the Lord. Amen. I, P. P. by
the Grace of God, Clerk of this Parish, writeth this Hiflory.
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 faid, “ 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 aid 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 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 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; insomuch, 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 myself from Wakes, being called thereunto by the harmony of the steeple. While I was in these socie.