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VII. Ver. 19.
Tracti bello, fatisque repulsi.
Equum jam Trojanum (ut vulgus loquitur) adeamus;
quem fi Equam Graecam vocabis, lector, minime pecFinces; solae enim femellae utero geftant. Uterumque
armato milite complent-Uteroque recufo Infonuere cavae --- Atque utero fonitum quater arma dederc- Inclufos utero Dancos, etc. Vox foeta non convenit maribus,
-Scandit fatalis machina muros, Foeta armis-Pallacredem virginem, equo mari fabricando invigilare debant cuisse, quis putet? Incredibile prorsus ! quamobrem
exiltimo veram equae lectionem paffim reftituendam, nisi ubi forte, metri caussa, equum potius quam equam, genus pro fexu, dixit Maro. Vale! dum haec paucula corriges, majus opus moveo.
S P E CI MEN
of SCRIBLERUS's Reports.
les Justice Roy Fall. Def. en
Stradling versus Stiles. Le Report del Case argue en le commen Banke de
vant touts les Justices de mesme le Banke, en le quart an du raygne de Roy Jacques, entre Matthew Stradling, Plant. et Peter Stiles, Def. en un A&ion propter certos Equos coloratos, Anglicè, Pyed Hozles, poft. per le dit Matthew vers le dit Peter.
Le recitel R John Swale, of Swale-Hall in del Case. D Swale-Dale fatt by the River Swale, kt. niade his Lat Will and Teftament: 3n which, among other Bequefts 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 said Matthew Stradling, Gent. all my black and white Horses, The Tettatoz had fir black Houses, fir white Boles, and fir pped Wozles.
The Debate therefoze Was, Wilhes Le Point. ther oz no che Caio Matthew Stradling
should have the faid pped Bozles by Wirtue of the said Bequeft. Pour le Pl. Atkins apprentice pour le Pl. moy
Cemble que le Pl. recovera. Ind firit of all it femeth erpedient to cons sider what is the Nature of Horses, and also what is the Nature of Colours; and so the argument wilt consequently divide itfelf in a twofold way, that is to say, the Formal Part and Substantial Part. Horses are the Subftantial Part, 02 thing tee queathed : Black and White the formal of des fcriptive Bart.
Horse, in a phyfical Sense, doth impozt a certain Quadrupede or four-footed Animal, which by the apt and regular Disposition of certain proper and convenient Pafts, is adapted, fitted and constituted for the Use and Need of Man. Bea, fo necellary and conducide was this animal-conceived to te to che Behoof of the Commonweal, that sundzy and divers des of Parliament habe from time to time bæn made in Favour of Horses.
int Edward VI. Bakes the Transpozting of Horses out of the kingdom, no jelos a penalty than the Fozfeiture of 401.
: 2d and 3d Edward VI. Takes from Horsestealers 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: Thefe our wife Ancefożs' p?us dently fożesering, that they could not better take care of their own pofterity, than by also taking care of that of their Horses.'
Ind of so great eftem are Horses in the Epe of the Common Law, that when a Knight of the Bath committeth any great and enozmous Crime, his unishment is to have his Spurs chopt off with a Clever, bring, as 99&&er Bracton baru observeti, unworthy to ride on a Horse.
Littleton, Sect. 315. faith, 39 stenants in Com. mon make a Leafe reserving for Rent a Horse, they Thall have but one (size, becaule, said the Book, the Law will not suffer a Horse to be severed. Another argument of what high Efimas tion the Law maketh of an xozle.
But as the great diference cæmeth not to be to much touching the subitantial Part, Hortes, let us proceed to the formal 02 Descriptive Part, 12. Wilhat Holes they are that come within this Bequeft. Colours are commonly of various kinds and erent Sorts; of which White and black are the