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py 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 ftupid creature as to doubt it, I defire he will make but the following obvibus reflection. There are in Europe alone at prefent about a million of sturdy fellows, under the denomination of standing forces, with arms in their hands: that those are mafters of the lives, liberties, and fortunes of all the reft, I believe no-body will deny. It is no lefs true in fact, that reams of paper, and above a fquire mile of skins of vellum have been employed to no purpose to fettle peace among thofe 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 state.

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 hagoût of a fot, will remember her fufferings, and avoid the temptations; and will for the fame reafon indulge her mate in his female capacity in some paffions, which he is fenfible from experience are natural to the fex; fuch as vanity, of fine cloaths, being admired, &c. And how tenderly muft fhe ufe her mate under the breeding qualms and labour-pains which the hath felt herfelf? In fhort, all unreasonable demands upon hufbands 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 thofe of their houfhold, better than either of them have hitherto done, is the hearty defire of

Their mofi fincere well-wisher,

M. S.

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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 Jaques, 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.

IR John Swale, of Swale-hall, in Swaledale, faft by the river Swale, Kt. made "his 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 my black and "white horfes." "The teftator had fix black horses, "fix white horses, and fix pyed horfes."

Le point.

"The debate therefore was, whether or no "the faid Matthew Stradling fhould 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 first 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.

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"Horfe, in a phyfical fenfe, doth import a certain qua"druped or four-footed animal, which, by the apt and re66 gulár

"gular difpofition of certain proper and convenient parts, "is adapted, fitted, and conftituted for the use and need "of man. Yea, fo neceffary and conducive was this ani"mal conceived to be to the behoof of the commonweal, "that fundry and divers acts of parliament have from "time to time been made in favours of horfes.

ift Edw. VI. " Makes the tranfporting of horfes out "of the kingdom, no less a penalty than the forfeiture ❝ of 40 1.

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2d and 3d Edward VI. "Takes from horse-stealers “the benefit of their clergy.

AND the ftatutes of the 27th and 32d of Henry VIII: "condescend fo far as to take care of their very "breed: thefe our wife ancestors prudently forefeeing, "that they could not better take care of their own pofte"rity, than by alfo taking care of that of their horfes. "And of fo great efteem are horfes in the eye of the common law, that when a Knight of the Bath com"mitteth any great and enormous crime, his punishment "is to have his fpurs chopt off with a clever, being, as "mafter Bracton well obferveth; unworthy to ride on a "horfe.

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LITTLETON fect. 315. faith, "If tenants in common "make a leafe referving for rent a horse, they shall have "but one' affize, because, faith the book, the law will not fuffer a horfe to be fevered. Another argu

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ment of what high eftimation the law maketh of an "horse.

"But as the great difference feemeth not to be fo "much touching the fubftantial part, horfes, let us pro "ceed to the formal or defcriptive part, viz. what horses they are that come within this bequest.

"Colours are commonly of various kinds and differ"ent forts; of which white and black are the two ex"tremes, and confequently comprehend within them all "other colours whatsoever.

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"By a bequeft therefore of black and white horses, gray or pyed horfes may well pafs; for when two extremes, or remoteft ends of any thing are devifed, the law, by common intendment, will intend whatsoever is contain"ed between them to be devised too.

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"But the prefent cafe is still stronger, coming not only

"within the intendment, but also the very letter of the "words.

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By the word black, all the horses that are black "are devised; by the word white, are devised those that are white; and by the fame word, with the conjunction copulative, and, between them, the horses 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.

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If therefore black and white horfes are devised, pyed "horfes fhall pass by such devise; but black and white "horfes are devised; ergo, the pl. fhall have the pyed "horfes."

Catlyne ferjeant : * moy Jemble al' contrary, the Pour le plaintiff fhall not have the pyed horfes by inDefend. "tendment; for if by the devise of black and "white horses, not only black and white horses, but "horfes of any colour between these two extremes may

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pafs, then not only pyed and grey horfes, but also red "or bay horfes would país likewife, which would be ab"furd, and against reafon. And this is another ftrong argument in law, Nihil, quod eft contra rationem, eft lici66 tum; for reafon is the life of the law, nay, the com"mon law is nothing but reafon; which is to be under"ftood of artificial perfection and reafon gotten by long

study, and not of man's natural reafon; for, nemo nafci"tur artifex, and legal reafon eft fumma ratio; and there"fore if all the reafon that is difperfed into fo many dif"ferent 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; fo that the old rule may be "verified in it, Neminem oportet effe legibus fapientiorem.

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"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 horfe; how then can pyed horfes come under "the words of black and white horses?

"Befides, where custom hath adapted a certain deter"minate name to any one thing, in all devifes, feof

"ments,

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"ments, and grants, that certain name shall be made use "of, and no uncertain circumlocutory defcriptions fhall "be allowed; for certainty is the father of right, and "the mother of justice."

Le refle del argument jeo ne pouvois oyer, car jeo fui difurb en mon place.

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

Judgement fuit donne pour le pl. nifi caufa.

Motion in arreft of judgment, that the pyed horses were mares; and thereupon an inspection was prayed. Et fur ceo le court advifare vult.

VOL. VIII.

M

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