VII. VER. 19. Fracti bello, fatifque repulfi Ductores Danaûm, tot jam labentibus annis, etc. Traci bello, fatifque repulfi. Tracli et repulfi, Antithefis perpulchra! Fraði frigide et vulgariter. Equum jam Trojanum (ut vulgus loquitur) adeamus; quem fi Equam Graecam vocabis, lector, minime pecces; folae enim femellae utero geftant. Uterumque armato milite complent Uteroque recuffo Infonuere cavae--Atque utero fonitum quater arma dedere--Inclufos 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 exiftimo veram equae lectionem paffim reftituendam, nifi ubi forte, metri cauffa, equum potius quam equam, genus pro fexu, dixit Maro. Vale! dum haec paucula corriges, majus opus moveo. A A SPECIMEN O F SCRIBLERUS'S REPORTS. Stradling verfus Stiles. Le Report del Cafe argue en le commen Banke devant touts les Juftices de mefme le Banke, en le quart an du raygne de Roy Jacques, entre Matthew Strading, Plant. et Peter Styles, Def. en un Action propter certos Equos coloratos, Anglice, vedores, poft. per le dit Matthew vers le dit Peter. Le recitel del Cafe. R John Swale, of Swale-Hall in Swale Dale faft by the River Swale, kt. made his Laft Will and Testament :: In which, among other Bequests was this, viz. Out of the kind Love and Respect 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 Celtator had fix black Horles, fix white Korles, and fix pyed Korles. The Debate therefore was, Whether Le Point. 02 no the faid Matthew Stradling fhould have the laid pped Hozles by Wirtue of the laid Bequest. Pour le Pl. Atkins apprentice pour le Pl. moy femble que le Pl. recovera. And first of all it seemeth expedient to confider what is the Nature of Horses, and also what is the Nature of Colours; and fo the argument will confequently divide itself in a twofold way, that is to fay, the Formal Part, and Subftantial Part. Horfes are the Substantial Part, 02 thing bequeathed: Black and White the Formal 02 defcriptive Part. Horfe, in a phyfical Sense, doth impoạt 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. Bea, lo neceflary and conducive was this Inimal conceived to be to the Be hoof of the Common-weal, that fundry and divers as of Parliament have from time to time been made in Favour of Horfes. ift Edw. VI. Makes the Transporting of Horses out of the kingdom, no less a Benalty than the Forfeiture of 40 1. zd and 3d Edward VI. Takes from Horse stealers the Benefit of their Clergy. And the Statutes of the 27th and 3ad of Hen. VIII. condescend so far as to take Care of their very Breed: Thefe our wife Anceffozs prudently forefeeing, that they could not better take care of their eton Pofterity, than by alfo taking care of that of their Horfes. And And of fo great effeem are Horfes in the Eye of the Common Law, that when a Knight of the Bath committeth any great and enormous Crime, his Dunishment is to have his Spurs chopt off with a Cleaver, being, as after Bracton well obferveth, unworthy to ride on a Horse. Littleton, Sect. 315. faith, f Tenants in Common make a Leafe referving for Rent a Horse, they shall have but one Affize, becaufe, faith the Book, the Law will not fuffer a Horfe to be fevered. Another argument of what high Estimation the Law maketh of an ozle. But as the great difference feemeth not to be fo much touching the substantial Part, Horfes, let us proceed to the fozmal oz defcriptive Part, viz. What Holes they are that come within this Bequest. Colours are commonly of various Kinds and dif ferent Sorts; of which White and Black are the two Extremes, and confequently comprehend within them all other Colours whatsoever. By a Bequest therefore of black and white Horses, grey or pyed Horfes may well pafs; fog when two Extremes, az remoteft Ends, of any thing are devifed, the Law, by common Intendment, will intend whatsoever is contained between them to be devised too. But the prefent Cafe is fill fronger, coming not only within the Intenoment, but silo the very Letter of the Words. By the lord Black, all the ozles that are black are devised; by the Wozd White, are deviled thole that are White; and by the fame Wozd, with the Conjunction Copulative. And, between them, the Horfes that are Black and White, that is to fay, Pyed, are devised also. Whatever is Black and White is Pyed, and what= ver is Pyed is Black and White; ergo, Black and White is Pyed, and, vice verfa, Pyed is Black and White. JF therefore Black and White Horfes are deviled, Pyed Horfes fhall pass by fuch Devife; but Black and White Horfes are devised; ergo, the Pl. fhall have the Pyed Horfes. Pour le Catlyne Serjeant, Doy femble al' conDefend. trary, The Plaintiff fhall not have the Pyed Horfes by Intendment; foz if by the Devile of Black and White Horfes, not only black and white ozles, but Holes of any Colour between thefe two Extremes may país, then not only Pyed and Grey Horfes, bút alfo Red or Bay Horfes would pafs likewife, which would be abfurd, and against Reafon. And this is another ftrong 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; fo2 nemo nofcitur artifex, and legal Reafon eft fumma ratio; and therefoze if all the Reason that is differled into fo many different Heads, were united into one, he could not make fuch a Law as the Law of England; because by many Succeffions of Ages, it has been frid and |