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

By a Bequea therifere of black and white Horfes, grey or pyed Horfes may well pafs; for when two Extremes, o2 remotelt 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 Cafe is fill &ronger, com ing not only within the Intendment, but allo the very Letter of the Words.

By the Word Black, all the horses that art black are devifed; by the word White, are devised those that are White; and by the fame Wozd, with the Conjuntion Copulative, And, between them, the Horfes that are Black and White, that is to lap, Pyed, are devifed alfo.

Whatever is Black and White is Pyed, and whatever is Pyed is Black and White; erga, Black and White is Pyed, and, vice verfa, Pyed is Black and White.

If therefore Black and White Horfes art devifto, Pyed Horfes fhall pafs by fuch Devife; but Black and White Horfes are devifed; ergo, the Pl. shall have the Pyed Horfes.

Pour le

Defend.

Catlyne Herjeant, Mop femble al contrary, The Plaintiff shall not have the Pyed Hories by Intendment; for if bp

the devile of Black and White Horfes, not only black and white Horses, but Horses of anp Colour, between these two Extremes may pals, then not only Pyed and Grey Horses, but alfo Red or Bay Horfes would pafs likewise, which would be abfurd, and against Reason. And this is another ftrong Argument in Law, Nihil, quod eft contra rationem, eft licitum; for Reason is the Life of the Law, nap the common Law is nothing but Reafon; which is to be understood of artificial Perfection and Reafon gotten by long Study, and not of Man's natural Reafon; fo nemo nafcitur artifex, and legal Reafon eft fumma ratio; and therefore if all the Gitalon that is dispersed into so many different Heads, were united into one, he could not make fuch a Law as the Law of England; becaufe by many Succeffions of Ages it has veen fixed and refired by grave and learned Men; so that the old Kule may be verified in it, Neminem oportet effe legibus fapientiorem.

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

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

Befides, where Cultom hath adapted a certain determinate Name to any one thing, in

all Deviles, Frofments, and Grants, that certain Name fhall be made ufe of, and no uncertain circumlocutory Descriptions shall be allowed; for Certainty is the Father of Hight, and the Mother of Justice.

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

Le Court fuit longement en doubt' de c’cft Matter; et apres 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 Infpection was prayed.

Et fur eco le Court advifare vult.

MEMOIRS of P. P.

CLERK of this PARISH.

ADVERTISEMENT.

The Original of the following extraordinary Treatise 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 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 History.

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 fweet voice, and of becoming gravity.

Now it came to pafs, 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."

Even when I was at fchool, my mistress did ever extol me above the reft of the youth, in that I had a laudable voice. And it was further-more obferved, that I took a kindly affection unto that Black letter in which our Bibles are printed. Yea, often did I exercife myfelf 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 must be confeffed 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 converfation by my extraordinary love to Ringing; infomuch, that in a fhort time I was acquainted with every fett 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 fteeple. While I was in these focieties, I gave myself up to unfpiritual paftimes, fuch as wreftling, dancing, and cudgelplaying; fo that I often returned to my father's houfe with a broken pate. I had my head broken at Milton by Thomas Wyat, as we played a bout