happy transformation; the only expedient left to restore the liberties and tranquillity of mankind. This is fo evident, that it is almoft an affront to common fenfe to infift upon the proof: if there can be any fuch stupid creature as to doubt it, I defire he will make but the following obvious reflection. There are in Europe alone at prefent about a million of fturdy fellows, under the denomination of ftanding forces, with arms in their hands: that those are mafters of the lives, liberties, and fortunes of all the reft, I believe nobody will deny. It is no lefs true in fact, that reams of paper, and above a square mile of skins of vellum have been employed to no purpofe to fettle peace among those fons of violence. Pray who is he that will fay unto them, Go and difband yourselves? but lo! by this transformation it is done at once, and the halcyon days of public tranquillity return: for neither the military temper nor difcipline can taint the foft fex for a whole age to come bellaque matribus invifa, wars odious to mothers, will not grow immediately palatable in their ·paternal ftate. Nor will the influence of this transformation be less in family tranquillity, than it is in national. Great faults will be amended, and frailties forgiven, on both fides. A wife, who has been disturbed with late hours, and choaked with the haugoût of a fot, will remember her Sufferings, and avoid the temptations; and will for the fame reafon indulge her mate in his female capacity in fome paffions, which fhe is fenfible from experience are natural to the fex, fuch as vanity, of fine cloaths, being admired, &c. And how tenderly must she use her mate under the breeding qualms and labour-pains which she hath felt herself? In fhort, all unreasonable demands upon husbands must cease, because they are already fatisfied from natural experience, that they are impoffible. That the ladies may govern the affairs of the world, and the gentlemen those of their household, better than either of them have hitherto done, is the hearty defire. of Their most fincere well-wisher, M. S. A A SPECIMEN of SCRIBLERUS'S REPORTS. STRADLING verfus STILES. Le report del cafe argue en le commen banke devant touts les juftices de le mefme banke, en le quart. An. du raygne de Roy Jacques, entre Matthew Stradling, plant, & Peter Stiles, def. en un action propter certos equos coloratos, Anglice, pyed horfes, poft. per le dit` Matthew vers le dit Peter. Le recitel del cafe. S'a IR John Swale, of Swale-hall, in Swaledale, faft by the river Swale, Kt, made bis laft will and teftament: in which, among other bequests, 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 mỹ black and white horses. The teftator had fix black horses, fix white horses, and fix pyed borfes. The debate therefore was, whether or no the Le point. faid Matthew Stradling should have the faid pyed horfes, by virtue of the faid bequest. Pour le pl. Atkens apprentice pour le pl. Moy femble que le pl. recovera. And firft 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 itself in a twofold way, that is to fay, the formal part, and fubftantial part. Horfes are the fubftantial part, or thing. bequeathed: black and white, the formal or defcriptive part. Horfe, in a phyfical fenfe, doth import a certain quadrupede or four-footed animal, which, by the apt and re gular gular difpofition of certain proper and convenient parts, is adapted, fitted, and conftituted for the ufe and need of man. Yea, Jo 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 horses. ift Edward VI. makes the transporting of horses out of the kingdom, no less a penalty than the forfeiture of 40 1. 2d and 3d Edward VI. takes from horfe-ftealers the benefit of their clergy. enry VIII. very breed: And the ftatutes of the 27th and 32d of condefcend fo far as to take care of their thefe our wife ancestors prudently foreseeing, that they could not better take care of their own pofterity, than by also taking care of that of their horses. And of fo great esteem 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 fpurs chopt off with a clever, being, as Mafter Brackton well obferveth, unworthy to ride on a horse. Littleton, fect. 315. faith, If tenants in common make a leafe referving for rent a horie, they shall have but one affixe, 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 horse. But as the great difference feemeth not to be so much touching the fubftantial part, horfes, let us proceed to the formal or defcriptive part, viz. what horses they are that come within this bequest. Colours are commonly of various kinds and different forts; 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 horses, gray or pyed horfes may well país; for when two extremes, or remoteft ends of any thing are devifed, the law, by common intendment, will intend whatfoever is contained between them to be devifed too. But the prefent cafe is ftill fironger, coming not only, within the intendment, but also the very letter of the words By By the word black, all the horses that are black are devited; by the word white, are devised thofe that are white; and by the fame word, with the conjunction copu lative, and, between them, the horses that are black and white, that is to say, pyed, are devised alfo. Whatever is black and white is pyed, and whatever is pyed is black and white; ergo black and white is pyed, and, vice versa, pyed is black and white. If therefore black and white horses are devifed, pyed horfes fhall pass by fuch devife; but black and white horfes are devised; ergo, the pl. fhall have the pyed horses. Pour le Catlyne ferjeant: Moy femble al' contrary, the defend, plaintiff fhal not have the pyed horfes by intendment; for, if by the devife of black and white horfes, not only black and white horses, but horses of any colour between these two extremes may pass, then not only pyed and grey horfes, but alío red or bay horfes would pafs likewife; which would be abfurd, and against reafon. And this is another ftrong 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 reafon; which is to be underflood of artificial perfection and reafon gotten by long study, and not of man's natural reafon ; for nemo nafcitur artifex, and legal reason 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; becaufe by many fucceffions of ages it has been fixed and refixed by grave and learned men; so 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 horie; how then can pyed horfes come under the gvords of black and white horfes ? Befides, where cuftcm 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 defcriptions fhall be allowed; for for certainty is the father of right, and the mother of jufice. Le reste del argument jeo ne pouvois oyer, car jeo sui difturb en mon place. Le court fuit longement en doubt' de c'est matter ; et apres grand deliberation eu, Judgment fuit donné pour le pl. nifi caufa. Motion in arreft of judgment, that the pyed harles were mares; and thereupon an inspection was prayed. Et fur ceo le court advisare vult. |