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any thing are deviled, the Law, by common Intendment, will intend whatsoever is contained between them to be devised too.

But the present Cafe is still stronger, coming not only within the Intendment, but allo the very Letter of the Words.

By the Word Black, all the Horles that are Black are devised; hy the Word White, are deviled thole that are White; and by the lame Word, with the Conjunction Copulative, And, between them, the Horfes that are Black and White, that is to lay, pyed, are devised alfo.

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

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

Catlyne Serjeant, Moy Lemble al' contraPour le ry, The Plaintiff shall not have the PyDefend. ed Horfes by Intendment; for if by the Devife of Black and White Horses, not only Black and White Horses, but horles of any Colour, between these two Extremes, may pals, then not only Pyed and Grey Horses, but alfo Red or Bay Horfes would pafs likewife, which would be abfurd, and against Reafon. And this

is another Arong Argument in Law, Nihil, quod eft contra rationem, eft licitum; for Reafon is the Life of the Law, nap the Common Law is nothing but Reason: which is to be underflood of artificial Perfection and Reafon gotten by long Study, and not of Man's natural Reason; for nemo nafcitur artifex, and legal Reason eft fumma ratio; and therefore if all the Reason that is dilperled into lo many different Heads, were united into one, he could not make such a Law as the Law of England; because by many Succellions of Ages it has been fixed and refired by grave and learned Men; Co that the old Rule may be verified in it, Neminem oportet effe legibus fapientiorem.

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


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

Belides, where Tullom hath adapted a certain determinate Rame to any one Thing, in all Deviles, Feofments, and Grants, that certain Name fhall be made use of, and no uncertain circumlocutory Descriptions fhall be allowed; for Certainty is the Father of Right and the Mother of Jultice.

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

Le Court fuit longement en doubt' de c'est Matter; et apres grand deliberation eu,

Judgment fuit donne pour le Pl. nifi causa. Motion in Arreft of Judgment, that the pyed Horfes were Mares; and thereupon an Infpection was prayed.

Et fur ceo le Court advifare vult,




The Original of the following extraordinary Treatise confifted of two large Volumes in Folio; which might juftly 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

Ever fince I arrived at the age of discretion, I had a call to take upon me the function of a Parifh-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 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 fame 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 laud

able voice. And it was furthermore obferved, 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 ventured to lead the Pfalm next after Mafter William Harris, iny 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 fet 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 thefe focieties, I gave myself up to unfpiritual paftimes, such as wrestling, dancing, and cudgel-playing; so that I often returned to my father's house with a broken pate. I had my head broken at Milton by Thomas Wyat, as we played a bout or two for an Hat, that was edged with filver galloon. But in the year following I broke the head of Henry Stubbs, and obtained an hat not inferior to the former. At Yelverton I encountered George Cummins, Weaver, and behold my head was broken a fecond time! At the wake of Waybrook I engaged William Simkins, Tanner, when lo! thus was my head broken a third time, and much blood trickled therefrom. But I administered to my comfort, faying within myself, "What man is there, howsoever "dextrous in any craft, who is for aye on his guard ?” A week after I had a base-born child laid unto me; for in the days of my youth I was looked upon as a follower of venereal fantafies: Thus was I led into fin by the

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