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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 Jacques, entre Matthew Stradling, Plant. et Peter Styles, Def. en un Action propter certos Equos coloratos, Anglicè, Pyed poles, poft. per le dit Matthew vers le dit Peter.
Le recitel SJR John Swale, of Swale-Hall, in Swale del Cafe. Dale, fast by the River Swale, Kt. made bis Laat Will and Testament: In which, among other Bequeas, 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,
1 This humourous report was written by Mr. Fortefeue.
ling, Gent. all my black and white Horfes. The Teftator had fir black holes, ür white Hozles, and fir pyed Holles.
The Debate therefore was, whether oz no the faid Matthew Stradling should have the faid pyed Hozles by Wirtue of the faid Bequest.
Pour le Pl.
Atkins Apprentice pour le Pl. oy femble que le Pl. recobera.
And firft of all it seemeth expedient to confider what is the Nature of Horfes, and alfo 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, or thing bequeathed: Black and White the Formal 02 defcriptive Part.
Horse, in a phylical 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 Use and Need of Man. Pea, fo
so necessary and conducive was this Animal conceived to be to the Behoof of the Commonweal, that fundzy and divers A&s of Parliament have, from time to time, been made in Favour of Horses.
ift Edw. VI. Makes the transporting of Horfes out of the Kingdom, no less a Penalty than the Forfeiture of 401.
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 so far as to take Care of their very Breed: Thefe our wife Ancestors prudently foreseeing, that they could not better take care of their own Pofterity, than by alfo taking care of that of their Horfes.
And of so great Etteem are Horfes in the Eye of the Common Law, that when a Knight of the Bath committeth any great and enormous Crime, bis Punishment is to have his Spurs chopt off with a Cleaver, being, as
Matter Bracton well observeth, unworthy to ride on a Horse.
Littleton, Sect. 315. faith, If Tenants in Common make a Lease referving for Rent a Horse, they shall have but one Affize, 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 Hozle.
But as the great Difference seemeth not to be so much touching the fubftantial Part, Horses, let us proceed to the formal o2 defcriptive Part, viz. What Hozles 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 Bequest therefore of black and white Horfes, grey or pyed Horfes may well pafs; for when two Extremes, o2 remotett Ends, of any thing are deviled, the Law, by common Intend
Intendment, will intend whatsoever is contained between them to be devised too.
But the present Cale is till Aronger, coming not only within the Intendment, but allo the very Letter of the wozds.
By the word Black, all the Holes that ate Black are devised; By the word White, are deviled those that are White; and by the same 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 whatever 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 de= bifed, Pyed Horfes fhall pafs by fuch Devise; but Black and White Horfes are devifed; ergo the Pl. shall have the Pyed Horses.
Pour le Catlyne Serjeant, Boy femble al' contrary, The Plaintiff fhall not have the