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

And the Statutes of the 27th and 32d of Hen. VIII. condescend fo far as to take Care of theiz very Breed: These ouz wife Ancestors prudently foreseeing, that they could not better take care of their own Polterity, than by allo taking care of that of their Horfes.

And of so great esteem are Horses in the Epe of the Common Law, that when a Knight of the Bath committeth any great and enormous Crime, his Punithwent is to have his Spurs choft off with a Clever, being, as Mafter Bracton well obferveth, unworthy to ride on a Horse.

Littleton, Sect. 315. faith, If Tenants in Common make a Leafe reserving for Hent a Horse, they shall have but one Affize, because, faith the Book, the Law will not fuffer a Horfe to be fevered. Another Argument of what high Eftimation the Law maketh of an Horle.

But as the great difference feemeth not to be so much touching the fubßantial Part, Horfes, let us proceed to the formal o2 defcriptive 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

A

SPECIMEN

OF

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 Stradling, Plant. et Peter Stiles, Def. en un Action propter certos Equos coloratos, Anglicè, Pped Horses, poft. per le dit Matthew vers le dit Peter.

Le recitel del Cafe.

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A John Swale, of Swale-Hall in Swale-Dale falt by the River Swale, Kt. made his Last Will and Testament: In which, among other Beques 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 Horses.

The Teftator had fir black Horles, fir white Hozles, and fir pyed Hozles.

The Debate therefore was, Whe

Le Point. ther oz no the faid Matthew Stradling fhould have the laid pped Hozles by

Virtue of the faid Bequel.

Pour le Pl.

Atkins Apprentice pour le Pl. mop femble que le Pl. recovera. ·

And first of all it seemeth expedient to confis der what is the Nature of Horfes, and also what is the Nature of Colours; and fo the Argument will confequently divide itself in a twofold way, that is to say, the Formal Part, and Subftantial Part. Horfes are the Substantial Part, or thing bequeathed: Black and White the Formal or defcriptive Part.

Horse, in a phyfical Sense, 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 conitituted for the Ufe and Necd of Man. Nea, lo ne cellary and conducive was this Animal con ceived to be to the Behoof of the Commonweal, that fundry and divers Ats of Parliament have from time to time been made in Favour of Horfes.

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

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

And the Statutes of the 27th and 32d of Hen. VIII. condescend fo far as to take Care of theiz bery Breed: These ouz wife Ancestors prudentIp foreseeing, that they could not better take care of their own Polterity, than by allo taking care of that of their Horses.

And of lo great esteem are Horfes in the Epe of the Common Law, that when a Knight of the Bath committeth any great and enormous Crime, his Punithwent is to have his Spurs choft off with a Clever, being, as Maûter Bracton well obferveth, unworthy to ride on a Horse.

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

But as the great difference feemeth not to be so much touching the fubftantial Part, Horfes, let us proceed to the formal oz defcriptive part, viz. What Horses they are that come within this Bequest.

Colours are commonly of various Kinds and different Sorts; of which White and Black are the

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