Imagens da página
PDF
ePub

ad and 3d Edward VI. Cakes froin Horsestealers 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: These ou2 Wile Anccitors prudentlp foreseeing, that they could not better take care of their own Posterity, than by allo taking care of that of their Horses.

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

Littleton, Sect. 315. faith, TË Tenants in Coinmon make a Lease reserving for fient a Horse, they shall have but one Afije, because, faith the Book, the Law will not suffer a Horse to be severed. Another argument of what high Estimation the Law maketh of an Horse.

But as the great difference seemeth not to be so much touching the substantial part, Horses, let us proceed to the formal og descriptive Part, viz. What borses they are that come within this Bequeft.

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

[ocr errors][merged small][merged small][merged small][merged small]

Le Report del Case argue en le commen Banke

devant 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 Action propter certos Equos coloratos, Anglicè, Pped Horses, post. per le dit Matthew vers le dit Peter.

Le recitel C 76 John Swale, of Swale-Hall in del Case. Swale-Dale fat bythe Giver Swale, kt. made his Lai Will and Testament: In which, among other Bequeits 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 Mattbew Stradling, Gent. all my black and white Horses.

The Tritator had fir black Horses, fir white Horses, and fir ppod horses.

Thc Debate therefore was, wheLe Point. ther og 110 the said Matthew Stradling

should have the said pped Hoyles bp Virtue of tije said Boqueit. Pour le Pl.

Di Atkins Apprentice pour le Pl. mop

* semble que le Pl. recovera.. 2nd firit of all it seemeth crpedient to conti: der what is the Nature of Horses, and also what is the Nature of Colours ; and so the Argument will consequently divide itself in a twofold WOU, that is to say, the Formal Part, and Substantial Part. Horses are the Substantial Part, or thing bequeathod: Black and White the Formal or dcfcriptive Part.

Horse, in a physical Scule, doth iinport a certain Quadrupede or four-footed Animal, which by the apt and regular Disposition of certain proper and convenient Parts, is adapted, fitted and constituted for the Use and Need of Man. Hea, so necelary and conducive was this Animal con: crived to be to the Scijoof of the Conimonwcal, that simdrp and divers Ads of Par: liament have from time to time been made in Favour of Horses.

ist Edw. VI. Makes the Transporting of Horses out of the lingvom, no less a penalty than the Forfeiture of 40 1.

ad and 3d Edward VI. Takes froin Horsestealers the benefit of their Clergy.

And the Statutes of the 27th and 32d of Hen. VIII. condescend so far as to take Care of theiz verp Breed: These our wise Ancestors prudentIp foreseeing, that they could not better take care of their own Posterity, than by allo taking care of that of their Horses.

And of so great etteem are Horses in the Epe of the Common Law, that when a Knight of the Bath coinmitteth any great and enormous Crime, his punish went is to have his Spurs choft off with a Clever, being, as Matter Bracton well observeth, unworthy to ride on a Horse.

Littleton, Sect. 315. faith, Jf Tenants in Coinmon make a Lease reserving for Hent a Horse, they shall have but one Amize, because, faith the Book, the Law will not suffer a Horse to be severed. Another Argument of what high Eltimation the Law maketh of an Horse.

But as the great difference seemeth not to be so much touching the substantial part, Horses, let us proceed to the formal og de: scriptive 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

« AnteriorContinuar »