utero Danaos, etc. Vox foeta non convenit maribus, -Scandit fatalis machina muros, Foeta armis-Palladem virginem, equo mari fabricando invigilare decuiffe, quis putet? Incredibile prorfus! quamobrem existimo veram equae lectionem paffim reftituendam, nifi ubi forte, metri cauffâ, equum potius quam equam, genus pro fexu, dixit Maro. Vale! dum haec paucula corriges, majus opus moveo.

A

SPECIMEN

OF

SCRIBLERUS's REPORTS.

Stradling verfus Stiles.

Le Report del Case argue en le commen Banke devans touts les Juftices de mefme le Banke, en le quart an du raygne de Roy Jacques, entre Matthew Stradling, Plant. et Peter Stiles, Def. un Action propter certos Equos coloratos, Anglicè, Dyed Horles, poft. per le dit Matthew vers le dit Peter.

en

del Cafe.

SR John Swale, of Swale-Hall, in Le recitel Swale-Dale, faft by the River Swale, kt. made his Lakk Will and Teftament: In which, among other Bequests, was this, viz. Out of the kind Love and Refpect that I bear unto my much honoured and good Friend Mr. Matthew Stradling, Gent. I do bequeath unto the faid Matthew Stradling, Gent. all my black and white Horfes. The Teftator had fix black Horles, fix white Horles, and fix pyed Horles.

The Debate therefore was, Whether or no the laid Matthew Stradling thould have the laid pyed Horles by virtue

Le Point.

of the laid Bequest.

Pour le Pl.

Atkins Apprentice pour le Pl. moy femble que le Pl. recovera.

And first of all it Leemeth expedient to confider what is the Nature of Horses, and allo what is the Nature of Colours; and Co the Argument will consequently divide itself in a twofold way, that is to lay, the Formal Part, and Subftantial Part. Horfes are the Subftantial Part, or thing bequeathed: Black and White the Formal or descriptive Pärt.

Horse, in a physical Senle, doth import a certain Quadrupede or four-footed Animal, which by the apt and regular Difpofition of certain proper and convenient Parts, is adapted, fitted, and conftituted for the Ufe and Need of Man. ea, lo necellary and conducive was this Animal conceived to be to the Behoof of the Commonweal, that lundry and divers Acts of Parliament have from time to time been made in favour of Horfes.

ift Edward VI. Makes the Transporting of Horfes out of the Kingdom, no less a Penalty than the Forfeiture of 40 1.

2d and 3d Edward VI. Takes from Horfefealers the Benefit of their Clergy.

And the Statutes of the 27th and 32d of Henry VIII. condescend so far as to take care of

their very Breed: Thele our wife Ancestors prudently foreleeing, that they could not better take care of their own Pofterity, than by allo taking care of that of their Horses.

And of lo great esteem are Horses in the Eye of the Common Law, that when a Knight of the Bath committeth any great and enormous Crime, his Punishment is to have his Spurs chopt off with a Cleaver, being, as Matter Bracton well oblerveth, unworthy to ride on a Horse.

Littleton, Sect. 315. faith, Jf Tenants in Common make a Lease reserving for Rent a Horfe, they shall have but one Alize, because, faith the Book, the Law will not fuffer a Horse to be fevered. Another Argument of what high Eftimation_the_Law maketh of an Horle.

But as the great Difference Leemeth not to be lo much touching the Cubstantial Part, Horfes, let us proceed to the formal or de. fcriptive Part, viz. What Horles they are that come within this Bequest.

Colours are commonly of various Kinds and different Sorts; of which White and Black are the two Extremes, and confequently comprehend within them all other Colours what fo

ever.

By a Bequest therefore of black and white Horfes, grey or pyed Horfes may well pafs; for when two Extremes, or remoteft Ends of

any thing are deviled, the Law, by commòn Intendment, will intend whatsoever is contain

ed 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; by the Word White, are devised those that are White; and by the lame Word, with the Conjuntion 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 versa, 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 Horfes.

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 Horfes, not only Black and White Horses, but horles of any Colour, between these two Extremes, may pals, then not only Pyed and Grey Horfes, but alfo Red or Bay Horfes would pafs likewife, which would be abfurd, and against Reason. And this