Nor will the influence of this transformation be lefs 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 fufferings, 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, etc. And how tenderly must she use her mate under the breeding qualms and labour-pains which fhe hath felt her felf? in short, all unreasonable demands upon husbands muft cease, because they are already fatisfied from natural experience, that they are impoflible.

That the ladies may govern the affairs of the world, and the gentlemen those of their houfhold, better than either of them have hitherto done, is the hearty defire of

Their moft fincere well-wisher,

M. S. A SPE

A

SPECIMEN

O F

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 horses, post. per le dit Matthew vers le dit Peter.

Le recitel SR John Swale, of Swale

del Cafe.

Hall in Swale-Dale faft by the River Swale, kt. made his Laft Will and Tefament: in which, among other Bequeks was this, viz. Out of the kind love and refpect that I bear unto my much honoured

S 2

..

honoured and good friend Mr. Matthew Stradling, gent. I do bequeath unto the faid Matthew Stradling, gent. all my black and white borfes. The Teftator had fix black horses, fix white horses, and fix pyed horses.

The Debate therefoze

Le point. Was, Whether o2 no the faid Matthew Stradling should

have the laid pyed horses by virtue of the said Bequeß.

Pour le pl. recobera.

Atkins apprentice pour le pl. moy femble que le pl..

And first of all it seemeth expedient to confider what is the nature of horses, and also 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. Horses are the fubftantial part, 02 thing bequeathed: black and white the formal 02 defcriptive part.

Horse, in a physical sense, doth import a certain quadrupede or fourfooted

footed animal, which by the apt and regular difpofition of certain proper and convenient parts, is adapted, fitted and conftituted for the use and need of man. Dea, lo neceflary and conducive was this animal conceived to be to the brhoof of the commonweal, that fundry and divers ads of parliament have from time to time been made in favour of horses.

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

2d and 3d Edward VI. Takes from horse stealers 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 our wife ancestors prudently foreseeing, that they could not better take care of their own pofterity, than by alló taking care of that of their horfes.

And of lo great eßeem are horses 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 matter Bracton Well obferveth, unworthy to ride on a horse.

Littleton, Sect. 31.5. faith, Jf tenants in common make a lease referving foz rent a horse, they shall have but one affize, because, faith the book, the law Will not suffer a horfe to be fevered, Another argument of what high eltimation the law maketh of an horse.

But as the great difference feemeth not to be so much touching the substantial part, horfes, let us proceed to the formal oz defcriptive part, viz. What holes 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, consequently comprehend within them all other colours whatsoever.

By a bequest therefore of black and white horses, grey or pyed horses may well

pafs;