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been really and seriously religious. But what was very remarkable, all the different persuasions kept by themselves, for as each thought the other would be damned, not one would join in prayer with the other.

At length Friday came, and the people covered all the streets; expecting, watching and praying. But as the day wore away, their fears first began to abate, then lessened every hour, at night they were almost extinct, till the total darkness, that hitherto used to terrify, now comforted every freethinker and atheist. Great numbers went together to the taverns, bespoke suppers, and broke up whole hogsheads for joy. The subject of all wit and conversation was to ridi-' cule the prophecy, and rally each other. All the quality and gentry were perfectly ashamed, nay, some utterly disowned that they had manifested any signs of religion.

But the next day even the common people, as well as their betters, appeared in their usual state of indifference. They drank, they whored, they swore, they lied, they cheated, they quarrelled, they murdered. In short, the world went on in the old ebannel.

I need not give any instances of what will so easily be credited; but I cannot omit relating, that Mr. Woolston advertised in that very Saturday's Evening Post a new treatise against the miracles of our Saviour; and that the few, who had given up their pensions the day before, solicited to have them continued: which, as they had not been thrown up upon any ministerial point, I am informed was readily granted.

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Le report de! case argue en le commen banke devant tout les justices de le mesme banke, en le quart. an du raygne de roy Jaques, entre Matthew Stradling, plant. & Peter Stiles, def. en un action propter certos equos coloratos, Anglicè, pyed horses, post. per le dit Matthew vers le dit Peter.

del case.

Le recitel B John Swale, of Swale-Hall in Swale-Dale fast by the River Swale, kt. made his Last Will and Testament: in which, among other Bequests, 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 Matthew Stradling, gent. all my black and white horses. The Testator had six black horses, six white horses, and sir pyed horses.

The Tebate therefore was, Whether or Le point. no the said Matthew Stradling should have the said pyed horses by virtue of the

said Bequests.

Atkins apprentice pour le pl. mog Pour le pl. semble que le pl. recovers.

William Fortescue, esq., who, in 1736, was made a baron of the exchequer, appears to have been among Mr. Pope's most familiar and esteemed friends. He was, though a lawyer, a man of much wit and fancy. The whimsical case of the pied horses, penned in ridicule of the old musty Reports, was the joint composition of this gentleman and Mr. Pope. He died Dec. 16, 1749, being then Master of the Rolls. N.

And first of all it seemeth expedient to consider 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 descriptive part.

Horse, in a physical sense, doch import a certain quadrupede or four-footed animal, which, by the apt and regular disposition of certain proper and convenient parts, is adapted, fitted, and constituted for the use and need of man. Pea, so necessary and conducive was this animal conceived to be to the behoof of the commonweal, that sundry and Divers acts of parliament have from time to time been made in favour of horses.

1st Edw. VI. Makes the transporting of horses out of the kingdom, no less a penalty than the forfeiture of 401.

2d and 3d Edward VI. Cakes 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 wise ancestors prudently forseeing, that they could not better take care of their own posterity, than by also taking care of that of their horses.

And of so great esteem are horses 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 spurs chopt off with a cleaver, being, as master Bracton well observeth, unworthy to ride on a horse.

Littleton, Sect. 315. saith, Jf tenants in common make a lease reserving for rent a horse, they shall have but one assize, because, saith the book, the law will not suffer a horse to be severed. Another argument of what high estimation the law maketh of a horse.

But as the great difference seemeth not to be so much touching the substantial part, horses, let us proceed to the

formal or descriptive 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 two extremes, and, consequently, comprehend within them all other colours whatsoever,

By a bequest therefore of black and white horses, gray or pyed horses may well pass; for when two extremes, or remotest ends of any thing are devised, the law, by common intendment, will intend whatsoever is contained between them to be devised too.

But the present case is still stronger, coming not only within the intendment, but also the very letter of the words.

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 same word, with the conjunction copulative, and, between them, the horses that are black and white, that is to say, 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 versa, pyed is black and white.

If therefore black and white horses are D’vised, pyed horses shall pass by such devise; but black and white horses are devised; ergo, the pl. shall have the pyed horses.

Catlyne Serjeant; moy semble al' contrary, Pour le the plaintiff shall not have the pyed horses defend. by intendment; for if by the devise of black and white horses, not only black and white horses, but horses of any colour between these two extremes may pass, then not only pyed and gray horses, but also red or bay horses would pass likewise, which would be absurd and against reason. And this is another strong argument in law, Nihil, quod est contra rationem,-est licitum: for reason is the life of the law, nay the common law is nothing but reason; which 13 to be understood of artificial perfection and reasɔa

gotten by long study, and not of man's natural reason; for nemo nascitur artifex, and legal reason est summa ratio; and therefore if all the reason that is dispersed into so many different heads, were united into one, he could not make such a law as the law of England; because by many successions of ages it has been fixed and refired by grave and learned men; so that the old rule may be verified in it, Neminem oportet esse legibus sapientiorem.

As therefore pyed horses do not come within the intendment of the Bequest, so neither do they within the letter of the words.

a pyed horse is not a white horse, neither is a pyed a black horse; how then can pyed horses come under the words of black and white horses?

Besides, where custom hath adapted a certain determinate name to any one thing, in all devises, feofments, and· grants, that certain name shall be made use of, and no uncertain circumlocutory descriptions shall be allowed; for certainty is the father of right, and the mother of justice.

Le reste del argumen jeo ne pouvois oyer, car jeo fui disturb en mon place.

Le court fuit longement en doubt' de c'est matter, er apres grand deliberation eu.

Judgment fuit donne pour le pl. nisi causa.

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

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