SPECIMEN

OF

SCRIBLERUS'S REPORTS'.

STRADLING VERSUS 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 Jaques, entre Matthew Stradling, Plant. et Peter Styles, Def. en an Action propter certos Equos coloratos, Anglicè, Pyed Horfes, poft. per le dit Matthew vers le dit Peter.

Le recitel SIR John Swale, of Swale-Hall, in Swale del Cafe. Dale, faft by the River Swale, Kt. made his Laft Will and Teftament: In which among other Bequefts, 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 Horfes, fix white Horfes, and fix pyed Horfes.

Le Point.

The Debate therefore was, whether or no the faid Matthew Stradling fhould have the faid pyed Horfes by Virtue of the faid Bequeft.

• This humorous report was written by Mr. Fortefcus,

Pour le Pl.

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

And first of all it feemeth expedient to confider what is the Nature of Horfes, and alfo what is the Nature of Colours; and fo the Argument will confequently divide itfelf in a twofold way, that is to fay, the Formal Part, and Subflantial Part. Horfes are the Subflantial Part, or thing bequeathed: Black and White the Formal or defcriptive Part.

Horfe, in a phyfical Senfe, 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. Yea, so neceffary

and conducive was this Animal conceived to be to the Behoof of the Commonweal, that fundry and divers Acts of Parliament have, from time to time, been made in Favour of Horfés.

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

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

And the Statutes of the 27th and 32d of Hen. VIII. condefcend fo far as to take Care of their very Breed: Thefe our wife Ancestors prudently forcfeeing, that they could not better take care of their own Pofterity, than by alfo taking care of that of their Horfes.

And of fo great Efteem are Horfes 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 Mafter Bracton well obferveth, unworthy to ride on a Horse.

Littleton, Sect. 315. faith, If Tenants in Common make a Leafe referving for Rent a Horfe, 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 Eftimation the Law maketh of an Horfe.

But as the great Difference feemeth not to be fo much touching the fubftantial Part, Horfes, let us proceed to the formal or defcriptive Part, viz. What Horfes 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 whatsoever,

By a Bequeft therefore of black and white Horfes, grey or pyed Horfes may well pafs; for when two Extremes, or 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 Intendment, but also the very Letter of the words.

By the word Black, all the Horses that are Black are devised; By the word White, are devifed thofe that are White; and by the fame words, 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, ever is Pyed is Black and White; ergo; Black and White is Pyed, and, vice verfa, Pyed is Black and White.

If therefore Black and White Horfes are devifed, Pyed Horfes fhall pass by fuch Devife; but Black and White Horfes are devifed; ergo the Pl. fhall have the Pyed Horses.

Pour le Catlyne Serjeant, Moy femble al' contrary, Defend. The Plaintiff fhall not have the Pyed Horses by Intendment; for if by the Devife of Black and White Horfes, not only Black and White Horfes, but Horfes of any Colour, between thefe two Extremes, may pass, then not only Pyed and Grey Horses, but also Red or Bay Horfes would pafs likewife, which would be abfurd, and againft Reafon. And this is another Strong Argument in Law, Nihil, quod eft contra rationem, eft licitum; for Reafon is the Life of the Law, nay, the Common Law is nothing but Reason; which is to be underflood of artificial Perfection and Reason gotten by long Study, and not of Man's natural Reafon; for nemo nafcitur Artifex, and Legal Reafon eft fumma ratio; and therefore if all the Reafon 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 Succeffions of Ages it has been fixed and refixed by grave and learned Men; fo 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 Bequeft, fo neither do they within the Letter of the Words.

A pyed Horfe is not a white Horse, neither is a pyed a Black Horse; how then can pyed Horses come under the Words of black and white Horses?

Befides, where Custom hath adapted a certain deter-. minate Name to any one thing, in all Devifes, Feofments, and Grants, that certain Name fhall be made use of, and no uncertain circumlocutory Defcriptions 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 difturb en mon place.

Le Court fuit longement en doubt de c'eft Matter; et apres grand deliberation eu,

Judgment fuit donne pour le Pl. nifi caufa.

Motion in Arreft of Judgment, that the pyed Horfes were Mares; an thereupon an Infpection was prayed.

Et fur ceo le Court advifare vult.