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236 STRADLING verfus STILES.

The Debate therefoze was, Whether Le Point. 02 no the faid Matthew Stradling fhould have tije laid pyed Kozles by Wirtue of

the laid Bequet.

Pour le Pl.

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

And art of all it seemeth expedient to confider what is the Nature of Horses, and also what is the Nature of Colours; and fo the Argutnent will confequently divior itfelf in a twofold way, that is to Lay, the Formal Part, and Subftantial Part. Horfes are the Substantial Part, 02 thing bequeathed: Black and White the Formal 02 defcriptive Bart.

Horse, in a phyfical Senfe, doth impost 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. Bea, to neceflary and conducibe was this Inimal conceived to be to the Behoof of the Common-weal, that fundry and divers as of Parliament have from time to time been made in Favour of Horses.

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

zd and 3d Edward VI. Takes from Horfe ftealers tire 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: Thele our wife Anceffo2s prudently forefeeing, that they could not better take care of their own Pofterity, than by aifo taking care of that of their Horfes.

And

And of so great effeem are Horfes in the Eye of the Common Law, that when a Knight of the Bath committeth any great and enozmous Crime, his Punishment is to have his Spurs chopt off with a Cleaver, being, as after Bracton well obferveth, unworthy to ride on a Horse.

Littleton, Sect. 315. faith, If Tenants in Common make a Leate referving for Rent a Horfe, they shall have but one fize, 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 ozle.

But as the great difference feemeth not to be fo much touching the fubitantial Part, Horfes, let us proceed to the formal oz descriptive art, viz. What Hozis they are that come within this Beque.

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, og remetes Ends, of any thing are devifed, the Law, by common atendment, will intind whatsoever is contained between them to be devised too.

But the prefent Cafe is Bill_fronger, coming not only within the Intendment, but also the very Letter of the Mords.

238 STRADLING verfus STILES.

By the logo Black, all the ozles that are black are devised; by the Mozo White, are devised those that are White; and by the fame Wozo, with the Conjuntion Coputative. And, between them, the Horfes that are Black and White, that is to fay, Pyed, are devifed also.

Whatever is Black and White is Pyed, and whatfer 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 deviled, Pyed Horfes fhall pafs by fuch Devife; but Black and White Horles are devised; ergo, the Pl. fhall have the Pyed Horfes.

Pour le
Defend.

Catlyne erjeant, Doy femble al' contrary, The Blaintiff fhall not have the Pyed Horfes by Intendment; for if by the Debife of Black and White Horfes, not only black and White Hozles, but Holes of any Colour between these two Extremes may pats, then not only Pyed and Grey Horfes, but also Red or Bay Horses would pass likewife, which would be abfurd, and against Reason. And this is another strong argument in Law, Nihil, quod eft contra rationem, eft licitum ; for Reason is the Life of the Law, nap the common Law is nothing but Reafon; which is to be understood of artificial Perfection and Reafon gotten by long Study, and not of Man's natural Reason; fo¿ nemo nafcitur artifex, and legal Reason eft fumma ratio; and therefoze if all the Kraton that is difperled into so many different

abs, were united into one, he could not make fuch a Lato as the Law of England; because by many Succtthons of Ages, it has been fixes and

refixed

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refired by grave and learned Men; so that the oid Rute may be verified in it, Neminem oportet effe legibus fapientiorem.

Is therefore Pyed Horfes do not come within the Intendment of the Bequest, so 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 Horfes come under the Mozds of black and white Horfes.

Befides, where Cuftom hath adapted a certain Determinate Name to any one thing, in all Devifes, Feofments, and Grants, that certain Name fhall be made ufe of, and no uncertain circumlocutory Descriptions fhall be allowed; for Certainty is the Father of Right, and the Mother of Juice.

Le refte del Argument jeo ne pouvois oyer, car jeo fui disturb en mon place.

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

Judgment fuit donne pour le Bl. nifi caufa.

Motion in Arreft of Judgment, that the pyed Horfes were Mares; and thereupon an Inspection was prayed. Et fur ceo le Court advifare vult.

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