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Pyed Horfes by Intendment; for if by the Devise of Black and White Horses, not only Black and White Horses, but Holes of any Colour, between these two Extremes, may pass, then not only Pyed and Grey Horses, but also Red or Bay Horses would pass likewise, which would be abfurd, and against Reason. And this is another Arong 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 Reafon ; which is to be underfood of artificial Perfection and Reafon gotten by long Study, and not of Man's natural Reafon; for nemo nafcitur Artifex, and Legal Reason 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 fuch a Law as the Law of England; because by many Succellions of Ages it has been fired and refired by grave and learned Men; so 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, so neither do they within the Letter of the TWords.
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 Custom hath adapted a certain determinate Dame to any one thing, in all Devices, Feofments, and Giants, that certain Name shall be made use of, and no uncertain circumlocutory Descriptions fhall be allowed; for Certainty is the Father of Right, 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'eft Matter; et apzes grand deliberation eu,
Judgment fuit donne pour le PPI. nifi caufa.
Motion in Arreft of Judgment, that the pyed Horses were Mares; and thereupon an Inspection was prayed.
Et fur ceo le Court advifare vult.
MEMOIRS OF P. P.TM
CLERK OF THIS PARISH.
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 Himfelf: 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 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.
It was impoffible but that such a history as Burnet's, which thefe Memoirs are intended to ridicule, relating recent events, so near the time of their tranfaction, fhould be variously represented by the violent parties that have agitated and disgraced this country; though these parties arise from the very nature of our free government. Accordingly this Prelate's Hiftory of his own Time was as much vilified and depreciated by the Tories as praised and magnified by the Whigs. As he related the actions of a Perfecutor and a Benefactor, he was accused of partiality, injustice, malignity, flattery, and falfehood. Bevil Higgens, and Lord Lanfdown, and others, wrote remarks on him; as did the great Lord Peterborough, whofe animadverfions, as his amanuenfis, a Mr. Holloway, affured me, were very fevere; they were never published. As Burnet was much trufted and confulted by King William, and had a great share in bringing about the Revolution, his Narrations, it must be owned, have a strong tincture of self-importance and egotifm. These two qualities are chiefly exposed in these Memoirs. Hume and Dal
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 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, Efquire Bret, did add one Bell to the ring of this Parish. So that it hath been wittily said, "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 rest of the youth, in that I had a laudable voice. And it was furthermore observed, that I took a kindly affection unto that Black letter in which
rymple have taken occafion to cenfure him. After all, he was a man of great abilities, of much openness and frankness of nature, of much courtesy and benevolence, indefatigable in his studies, and in performing conftantly the duties of his ftation. His character is finely drawn by the Marquis of Halifax; one paragraph of which is too remarkable to be omitted: "His indifference for preferment, his contempt not only of fplendor, but of all unneceffary plenty; his degrading himself to the lowest and most painful duties of his calling; are fuch unprelatical qualities, that let him be never fo orthodox in other things, in these he must be a Diffenter." Few perfons or prelates would have had the boldness and honesty to 'write fuch a remonftrance to Charles II. on his diffolute life and manners, as did Burnet in the year 1680. We may easily guess what the fycophants of that profligate court, and their profligate mafter, faid and thought of the piety and freedom of this letter.