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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 very 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 citeem are Horses in the Epe of the Common Law, that when a Knight of the Bath coinmitteth any great and enormous Crime, his punithwent 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, Tf Tenants in Coinmon make a Lease reserving for fient a Horse, thep shall have but one Amize, because, faith the Book, the Law will not suffer a Horse to be severed. Another Argument of what high Eftimation 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 oz de: scriptive Part, viz. What Horses they are that come within this Beguelt.

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

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SCRIBLERUS's REPORTS.

Stradling verfus Stiles.

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.

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Le recitel | 6 John Swale, of Swale-Hall in del Case.

Swale-Dalefat by the River Swale, kt. made his Lait Will and Tettament: 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 Cctator had tir black horses, fir white Horses, and fir pped Houses.

The Debate therefore was, Dhe Le Point. ther of no the said Matthew Stradling

should have the said pped Hoyles bp Virtue of tije said Bequest.

Atkins Apprentice pour le Pl. mop Pour le Pl.

semble que le Pl. recovera. And first of all it seemeth erpedient to confis 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 way, that is to say, the Formal Part, and Substantial Part. Horses are the Substantial Part, or thing bequeathed : Black and White the Formal or dcfcriptive Part.

Horse, in a physical Sense, doth import 2 certain Quadrupede or four-footed Animal, which by the apt and regular Disposition of certain proper and convenient Parts, is adapted, fitted and conitituted for the Use and Need of Man. hea, so ne: celary and conducive was this Animal cons ceived to be to the Beijoof of the Common wcal, that sundry and divers Acts of pars liament have from time to time been made in Favour of Horses.

ist Edw. VI. Makes the Transporting of Horses out of the Kingdom, 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 takt care of their own Polterity, than by allo taking care of that of their Horses.

And of so great eñteem 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, Tf Tenants in Coinmon make a Lease reserving for hent a Horse, they shall have but one Alize, 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 fubltantial 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

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