two Extremes, and confequently comprehend within them all other Colours whatsoever.

ByaBequest therefore of black and white Horses, grey or pyed Horfes may well pafs; for when two Extremes, of remoteû Ends, of any thing are deviled, the Law, by common Intendment,will intend whatsoever is contained between them to be devised fo.

But the prefent Cafe is ftill fronger, coming not only within the Intendment, but also the very Letter of the Wozds.

By the Wozd Black, all the ozles that are black are devifed; by the o2d White, are deviled thofe that are White; and by the fame Wozd, with the Conjuntion Copulative, And, between them, the Horses that are Black and White, that is to lay, 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 verfa, Pyed is Black and White.

If therefore Black and White Horses are des bifed, Pyed Horfes fhall pass by fuch Devife; but Black and White Horfes are devifed; ergo, the Pl. fhall have the Pyed Horfes.

Pour le

Catlyne Serjeant, Mop femble al'conDefend, trary, The Plaintiff shall not have the Pyed Horses by Intendment; fo2 if by the devife of Black and White Horfes, not only black and white Hözles, but Hozles of any Colour, between these two Extremes may pafs, then not only Pyed and Grey Horses, but also Red or Bay Horfes would pass likewise, which would be abfurd, and against Reason. And this is another frong Argument in Law, Nihil, quod 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 understood of artificial Perfection and Reason gotten by long Study, and not of Man's natural Reafon; fo2 nemo nafcitur artifex, and legal Reafon eft fumma ratio; and therefoze if all the Reason that is difperfed into fo many different heads, were united into one, he could not make such a Law as the Law of England; because by many Succeffions of ages it has been fired and refired by grave and learned Men; fo that the old Rule may be verified in it, Neminem oportet effe legibus fapientiorem.

Is therefore pyed Horfes do not come within the Intendment of the Bequest, lo neither do they within the Letter of the Mozds,

a pyed Horfe is not a white Horse, neither is a pyed a black Horfe; how then can pyed Horses come under the words of black and white Horfes ? Befides, where Custom hath adapted a cer tain determinate Rame to any one thing, in all Deviles, Feofments. and Grants, that certain Name fhall be made ufe of, and no uncertain circumlocutory Descriptions fhall be allowed; for Cer tainty is the Father of Right, and the Mother of Justice.

J

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

Le Court fuit longement en doubt' de c'cft Batter; et apzes grand 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 to le Court advifare vult.

MEMOIRS of P. P.

CLERK of this PARISH.

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 fhort Abstract of it, as a Tafte 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 Hiflory.

Ever fince 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 affociate myself with the Parifh clerks of this Land; fuch I mean, as were right worthy in their calling, men of a clear and fweet voice, and of becoming gravity.

VOL. VII.

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 same day did give

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to this our Church two rare gifts, its great Bell " and its Clerk."

Even when I was at school, my mistress áid ever extol me above the reft 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 finging godly ballads, fuch 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 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 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 abfent myself from Wakes, being called thereunto by the harmony of the steeple. While I was in these focie